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LUP2016-08008
ATLAS# 254A 4 LUP20-16-08008 (Related to REZ2016-08005) Montclair Lake Townhomes LLC. 2251 Montclair RD DRC: 01/05/17 CDB: CCI: -5/ t4 11 PPC: 5 lo � CPA: Proposed Land Use: RM ORDINANCE NO.: 816°"1 "+ PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION LEA RWTE MUGFU AND diF.,A'[7'i'fFM— BAY TO BUCH PLANNING & DEVELOPMENT DEPARTMENT COMMUNITY DEVELOPMENT BOARD STAFF REPORT MEETING DATE: AGENDA ITEM: CASE: REQUEST: GENERAL DATA: Applicant ....................... Owner ............................ Location ........................ Property Size .............. Background: March 21, 2017 G.1. LUP2016-08008 To amend the Future Land Use Map designation from Preservation (P) to Residential Medium (RM). Northside Engineering, Inc. Montclair Lake Townhomes, LLC 2251 Montclair Road, portion of the property along the south side of Montclair Road approximately 770 feet west of North Belcher Road. 0.72 acres This case involves a 0.72 -acre portion of property located along the south side of Montclair Road approximately 770 feet west of North Belcher Road, addressed as 2155 Montclair Road. The property is owned by Montclair Lake Townhomes, LLC. Maps 1 and 2 show the general location of the property and an aerial view of the proposed amendment area. The request is to change the Future Land Use Map designation for the 0.72 -acre portion of property from Preservation (P) to Residential Medium (RM). The applicant is also requesting to rezone . the proposed amendment area from Preservation (P) District to the Medium High Density Residential (MHDR) District (see concurrent case REZ2016-08005). In 2013 the proposed amendment area, in combination with surrounding parcels totaling 23.75 acres, was annexed into the City. City Council approved a future land use change from Residential Urban (RU), Preservation (P) and Water to Residential Medium (RM), Preservation (P) and Water (LUP2013-04002) and a rezoning from RPD -7.5 to Medium High Density Residential (MHDR) and Preservation (P) (REZ2013- 04002). At that time the Preservation (P) designation line was adjusted based on a jurisdictional survey provided by the applicant, and current maps reflect that boundary. In 2016 the applicant applied for and received a permit from the Southwest Florida Water Management District (SWFWMD) to permanently fill 0.72 acres of the total existing 0.98 acres of wetlands on the property. This application is consistent with the SWFWMD permit. The owner has active building construction permits for the construction of Phase One of a townhome development (60 units) on the east side of the subject site. The approval of this LUP and corresponding REZ is needed before they can apply for Community Development Board — March 21, 2017 LUP2016-08008 - Page 1 of 9 PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISICH site work and building construction permits for Phase Two (acdi-ional 26 uri-s) as conceptually presented to the City. .. � � SPAIi13H 4R y� tR c 'C 4 IAKEARywR�CQ.� - -..1hEiHfClD11RRlY _ _ .-- fER'F' PROJECT HR Ekl"1,,5-L'�ki - SITE CECELIA LN R Y i z S. �! l I LOCATION MAP Map 1 Vicinity Characteristics: Map 2 Montclair Lake Townhomes LLC owns the overall site, inclusive of he propoEed amendment area, which is bounded by Belcher Road to the east and by Montclair Road to -re rortl. Thee are commercial uses to the east across Belcher Road. Immediately adjacent to the we;t is a s-ngle family-esidence (included in the 2013 cases). There are multi -family uses to the north along NI-oatclair F_c ad Community Develo-)mert Board — Varh 21, 2( 17 LUP2016-08COE - ?age 2 of 4 p_p ru x o W W VANDER< DR - iN I LOCATION MAP Map 1 Vicinity Characteristics: Map 2 Montclair Lake Townhomes LLC owns the overall site, inclusive of he propoEed amendment area, which is bounded by Belcher Road to the east and by Montclair Road to -re rortl. Thee are commercial uses to the east across Belcher Road. Immediately adjacent to the we;t is a s-ngle family-esidence (included in the 2013 cases). There are multi -family uses to the north along NI-oatclair F_c ad Community Develo-)mert Board — Varh 21, 2( 17 LUP2016-08COE - ?age 2 of 4 PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION Currently, the future land use designations abutting the amendment area are Residential Medium (RM) and Preservation (P) to the west and north, and Residential Medium (RM) to the east and south. The underlying Countywide Plan Map designation for the amendment area is Preservation (P), and the remainder of the parcel is designated Residential Medium (RM). A comparison between the uses, densities and intensities allowed by the present and proposed Future Land Use Map designations appears in Table 1, along with the consistent zoning districts. Community Development Board — March 21, 2017 LUP2016-08008 - Page 3 of 9 12dential: �pµy►w a u Resi g r 4 N Active Assisted SIngleN N Construction Ching Family c i� Site of Multi - 44family Facility Really Residential s� s C ercial 's Retail Sales and Service e ResidenH a�� o � h 7 dZ7 51A16ETiVNTRD Single it Faml � AtBRHiIrOR $8 Real al EXISTING SURROUNDING USE MAP Currently, the future land use designations abutting the amendment area are Residential Medium (RM) and Preservation (P) to the west and north, and Residential Medium (RM) to the east and south. The underlying Countywide Plan Map designation for the amendment area is Preservation (P), and the remainder of the parcel is designated Residential Medium (RM). A comparison between the uses, densities and intensities allowed by the present and proposed Future Land Use Map designations appears in Table 1, along with the consistent zoning districts. Community Development Board — March 21, 2017 LUP2016-08008 - Page 3 of 9 PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION Table 1. Uses and Intensities Allowed by Present and Proposed Future Land Use Designations REVIEW CRITERIA: Consistency with the Clearwater Comprehensive Plan [Sections 4-603.F.1 and 4-603.F.21 Recommended Findings of Fact: Applicable goals, objective and policies of the Clearwater Comprehensive Plan which support the proposed amendment include: Policy A.1.1.1. Any permanent and temporary alteration of Department of Environmental Protection (D.E.P.) jurisdictional or non jurisdictional wetlands, the jurisdictional wetlands of the Southwest Florida Water Management District (SWFWMD), beach dunes, sensitive soils, or other natural systems shall be prohibited unless such alteration is fully consistent with all local, state, and federal regulations, mitigation and management plans, and permitting procedures that may be applicable, including the wetland vegetative buffer requirement of the City's Community Development Code. Policy A.1.1.3. Environmentally sensitive wetlands subject to Department of Environmental Protection (DEP) jurisdiction and the jurisdictional wetlands of the Southwest Florida Water Management District (SWFWMD) shall be designated by "Preservation" (P) zoning and prevented from being built upon except as permitted by the Preservation Zoning District. In June of 2016 the Southwest Florida Water Management District (SWFWMD) approved Permit No. 721316 / 43034349.002 which approved the permanent filling impacts to 0.60 acres of wetland (0.35 acres ponds and 0.25 acres of upland cut ditches). In November of 2016 the SWFWMD permit underwent a Minor Modification under Permit No. 736457 / 43034349.003 which approves the addition of 0.12 acres of impact. Mitigation is not required, and inclusion of this additional area of impact brings the total area approved for permanent fill to 0.72 acres(the proposed amendment area). Further, the applicant's environmental consultant Armstrong Environmental Services, Inc. determined that no protected species exist on site and therefore would not be impacted. A copy of the environmental narrative from Armstrong Environmental Services, Inc. was provided to SWFWMD as part of the permit application and was provided within the application materials to the City. The subject sites were found to be poor quality wetlands by the applicant's environmental consultant and the proposed fill impacts have been approved through SWFWMD and found to have no negative impacts on protected species. Community Development Board — March 21, 2017 LUP2016-08008 - Page 4 of 9 Primary Uses: Natural/ Undeveloped Water Features; Beaches and Dunes Moderate to High Density Residential Maximum Density: N/A 15 Dwelling Units Per Acre Maximum Intensity: FAR 0.10; ISR 0.20 FAR 0.50; ISR 0.75 Consistent Zoning Districts: Preservation (P) Medium Density Residential (MDR); Medium High Density Residential (MHDR) REVIEW CRITERIA: Consistency with the Clearwater Comprehensive Plan [Sections 4-603.F.1 and 4-603.F.21 Recommended Findings of Fact: Applicable goals, objective and policies of the Clearwater Comprehensive Plan which support the proposed amendment include: Policy A.1.1.1. Any permanent and temporary alteration of Department of Environmental Protection (D.E.P.) jurisdictional or non jurisdictional wetlands, the jurisdictional wetlands of the Southwest Florida Water Management District (SWFWMD), beach dunes, sensitive soils, or other natural systems shall be prohibited unless such alteration is fully consistent with all local, state, and federal regulations, mitigation and management plans, and permitting procedures that may be applicable, including the wetland vegetative buffer requirement of the City's Community Development Code. Policy A.1.1.3. Environmentally sensitive wetlands subject to Department of Environmental Protection (DEP) jurisdiction and the jurisdictional wetlands of the Southwest Florida Water Management District (SWFWMD) shall be designated by "Preservation" (P) zoning and prevented from being built upon except as permitted by the Preservation Zoning District. In June of 2016 the Southwest Florida Water Management District (SWFWMD) approved Permit No. 721316 / 43034349.002 which approved the permanent filling impacts to 0.60 acres of wetland (0.35 acres ponds and 0.25 acres of upland cut ditches). In November of 2016 the SWFWMD permit underwent a Minor Modification under Permit No. 736457 / 43034349.003 which approves the addition of 0.12 acres of impact. Mitigation is not required, and inclusion of this additional area of impact brings the total area approved for permanent fill to 0.72 acres(the proposed amendment area). Further, the applicant's environmental consultant Armstrong Environmental Services, Inc. determined that no protected species exist on site and therefore would not be impacted. A copy of the environmental narrative from Armstrong Environmental Services, Inc. was provided to SWFWMD as part of the permit application and was provided within the application materials to the City. The subject sites were found to be poor quality wetlands by the applicant's environmental consultant and the proposed fill impacts have been approved through SWFWMD and found to have no negative impacts on protected species. Community Development Board — March 21, 2017 LUP2016-08008 - Page 4 of 9 PLANNING & DEVELOPMENT LONG RANGE PLANNING DMSION The proposed Residential Medium (RM) future land use designation is compatible with the surrounding multi -family residential and single family residential uses, as well as with the Montclair Lakes Townhomes LLC multi -family, development currently under construction (Phase One). The second phase is anticipated to be submitted pending approval of this application. The applicant indicated that the filling of the wetland and proposed Future Land Use Map amendment will allow for a better site design for the whole multi -family project. The Community Development Code requires a vegetative buffer on all lands within 25 feet of any property designated on the Zoning Atlas as Preservation (P) or any property determined to be wetlands under the jurisdiction of the State of Florida. Currently, the majority of the western boundary of the development site is contiguous to Preservation (P) zoning and jurisdictional wetlands, and therefore requires a vegetative buffer that affects where the attached dwelling units can be placed. Subsequent to the permanent filling of the 0.72 acres of wetlands, as permitted by SWFWMD, the amendment areas would no longer be a jurisdictional wetland or other environmentally sensitive land, and therefore would not need to be designated Preservation (P) on the Future Land Use Map or Zoning Atlas, and a buffer would no longer be required. However, areas designated Preservation (P) on the parcel to the west of the site will remain and will still require buffering. In addition, the proposal does not degrade the level of service for public facilities below the adopted standards (a detailed public facilities analysis follows in this report). Recommended Conclusions of Law: The request does not conflict with the goals, objectives and policies of the Clearwater Comprehensive Plan and furthers said plan as indicated in the goals, objective and policies listed above. Consistency with the Countywide Rules Recommended Findings of Fact: The City of Clearwater's Residential Medium (RM) future land use designation is consistent with the Residential Medium (RM) category within the Countywide Rules as updated May 31, 2016. Section 2.3.3.3 of the Countywide Rules states that the Residential Medium (RM) plan category is intended to depict those areas of the county that are now developed, or appropriate to be developed, in a medium -density residential manner; and to recognize such areas as primarily well-suited for residential uses that are consistent with the urban qualities, transportation facilities, including transit, and natural resources of such area. Further, the Locational Characteristics of this category are generally appropriate to locations within or in proximity to urban activity centers; in areas where use and development characteristics are medium -density residential in nature; and in areas serving as a transition between less urban and more urban residential and mixed-use areas. These areas are generally served by and accessed from minor and collector roadways, which connect to arterial roadways and/or highways. Section 2.3.3.12 of the Countywide Rules states that the Preservation (P) plan category is intended to recognize natural resource features worthy of preservation and those areas of the county that are now used, or are appropriate to be used, for the conservation, production, and management of the regional potable water supply and the supporting infrastructure, consistent with the natural resources of the area. It also expresses that where the mapped delineation of these areas is inconclusive due to the nature of the environmental feature, a field determination and mapping of the actually boundary at an appropriate scale may be required as part of any amendment or project approval determination. Community Development Board — March 21, 2017 LUP2016-08008 - Page 5 of 9 PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION The subject property is located adjacent to properties designated as Residential Medium (RM) on both the City of Clearwater Future Land Use Map and the Countywide Plan Map. The subject property was found by the applicant's environmental consultant to be poor quality wetlands and is permitted for permanent filling by SWFWMD and therefore is not consistent with the current designation of Preservation. Therefore, an amendment to Residential Medium (RM) will reflect the change to the amendment area from a wetland to an upland, and is consistent with the designation on the subject property and the surrounding parcels. Recommended Conclusions of Law: The request is in conjunction with an approved SWFWMD permit allowing the permanent filling of the wetland areas, and therefore the proposed Future Land Use Map amendment is consistent with the purpose and locational characteristics of the Countywide Rules. Compatibility with Surrounding Properties/Character of the City & Neighborhood [Section 4-603.F.3 and Section 4-603.F.61 Recommended Findings of Fact: A single family home lies to the,west of the subject site. To the east, construction of 60 townhomes (Phase One) has started. Further to the east, across Belcher Road, are commercial uses. To the north along Montclair Road are multi -family uses, and to the south and west is Beckett Lake. The proposed Residential Medium (RM) future land use category permits 15 dwelling units per acre and a floor area ratio (FAR) of 0.50. The future land use designations of surrounding properties include Residential Medium (RM) and Preservation (P) (refer to Table 1 for maximum densities and intensities). The amendment area is located at the eastern edge of the existing preservation area running north from Beckett Lake, and is on the western edge, directly adjacent to the multifamily development currently under construction at the corner of Belcher Road and Montclair Road. The proposed Residential Medium (RM) designation is consistent with the future land use designation of the remainder of the parcel, and will allow the development of additional townhomes as part of the same development. This will continue the character and scale of development currently found along Belcher and Montclair Roads. The proposed Residential Medium (RM) designation is consistent with the surrounding plan categories, and is consistent with the current medium -density residential uses. Recommended Conclusions of Law: The proposed Residential Medium (RM) future land use category is in character with the overall Future Land Use Map designations in the area. Further, the proposal is compatible with surrounding uses and consistent with the character of the surrounding properties and neighborhood. Sufficiency of Public Facilities [Section 4-603.F.41 Recommended Findings of Fact: To assess the sufficiency of public facilities needed to support potential development on the proposed amendment area, the maximum development potential of the properties under the present and requested City Future Land Use Map designations were analyzed (see Table 2). Community Development Board — March 21, 2017 LUP2016-08008 - Page 6 of 9 PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION Table 2. Development Potential for Existing & Proposed FL UM Designations As shown in the table, there is an increase in development potential across the amendment area which would affect public facilities as detailed further below. The following analysis compares the maximum potential development of the proposed Residential Medium (RM) land use developed with residential use (10 DUs) to the maximum development potential of the existing Preservation (P) future land use category (3,136 SF). Potable Water The additional development potential from this amendment would result in an increase in potable water use of 2,604 gallons per day. This is determined by taking the potential potable water utilization of the proposed land use (2,604 gallons per day) and subtracting the maximum development potential of the current land use designations (zero gallons per day). The City's current potable water demand is 11.4 million gallons per day. The City's adopted level of service (LOS) standard to potable water is 120 gallons per capita per day, while the actual usage is estimated to be 89 gallons per capita per day. Therefore, there is excess water capacity to serve the amendment area. Wastewater The amendment could result in additional generation of 2,343 gallon per day of wastewater. The subject property is served by the Northeast Water Pollution Control facility, which presently has excess capacity estimated to be 6.85 million gallons per day. Therefore, there is excess sanitary sewer capacity to serve the amendment area. Solid Waste The amendment could result in an additional 25.3 tons per year of solid waste generated. All solid waste disposal is handled by Pinellas County at the Pinellas County Waste -to -Energy Plant and the Bridgeway Acres Sanitary Landfill which has significant capacity. Additionally, the City provides a full-service citywide recycling program which diverts waste from the landfill, helping to extend the life span of Bridgeway Acres. There is excess solid waste capacity to serve the amendment area. Parkland The City's adopted LOS for parkland acreage, which is 4 acres per 1,000 population, will not be impacted by this proposed amendment. Under both the existing and proposed land use, the LOS citywide will remain at 15.46 acres per 1,000 population. Community Development Board — March 21, 2017 LUP2016-08008 - Page 7 of 9 Net Change 0.72 AC 0.72 AC Site Area (31,363 SF) (31,363 SF) Maximum 0 DUs 10 DUs 10 DUs Development 3,136 SF 15,681 SF 12,545 SF Potential 0.10 FAR 0.50 FAR 0.40 FAR Abbreviations: FLUM — Future Land Use Map DUs — Dwelling Units AC — Acres FAR — Floor Area Ratio SF — Square feet As shown in the table, there is an increase in development potential across the amendment area which would affect public facilities as detailed further below. The following analysis compares the maximum potential development of the proposed Residential Medium (RM) land use developed with residential use (10 DUs) to the maximum development potential of the existing Preservation (P) future land use category (3,136 SF). Potable Water The additional development potential from this amendment would result in an increase in potable water use of 2,604 gallons per day. This is determined by taking the potential potable water utilization of the proposed land use (2,604 gallons per day) and subtracting the maximum development potential of the current land use designations (zero gallons per day). The City's current potable water demand is 11.4 million gallons per day. The City's adopted level of service (LOS) standard to potable water is 120 gallons per capita per day, while the actual usage is estimated to be 89 gallons per capita per day. Therefore, there is excess water capacity to serve the amendment area. Wastewater The amendment could result in additional generation of 2,343 gallon per day of wastewater. The subject property is served by the Northeast Water Pollution Control facility, which presently has excess capacity estimated to be 6.85 million gallons per day. Therefore, there is excess sanitary sewer capacity to serve the amendment area. Solid Waste The amendment could result in an additional 25.3 tons per year of solid waste generated. All solid waste disposal is handled by Pinellas County at the Pinellas County Waste -to -Energy Plant and the Bridgeway Acres Sanitary Landfill which has significant capacity. Additionally, the City provides a full-service citywide recycling program which diverts waste from the landfill, helping to extend the life span of Bridgeway Acres. There is excess solid waste capacity to serve the amendment area. Parkland The City's adopted LOS for parkland acreage, which is 4 acres per 1,000 population, will not be impacted by this proposed amendment. Under both the existing and proposed land use, the LOS citywide will remain at 15.46 acres per 1,000 population. Community Development Board — March 21, 2017 LUP2016-08008 - Page 7 of 9 PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION Stormwater The amendment area is proposed to be integrated into the multi -family redevelopment already under construction. The SWFWMD permit does not require mitigation for the permitted wetland impacts. The current phase of development has an active building construction permit from the City of Clearwater and the stormwater management system for the site, including a future Phase Two, will be required to meet all City and SWFWMD stormwater management criteria. Streets The subject property is generally located south of Montclair Road, west of Belcher Road, north of Sunset Point Road. The amendment could result in an additional 69 trips per day based on typical traffic impacts figure (trips per day per acre) in the Countywide Rules for the current and proposed land use category. The property has access to Montclair Road, a local road, which connects directly to Belcher Road, a six -lane, divided facility that is classified as a signalized arterial and maintained by Pinellas County. The intersection of Montclair Road and Belcher Road is signalized. The Pinellas County Metropolitan Planning Organization's (MPO's) 2016 Level of Service Report shows the level of service (LOS) for Belcher Road within the vicinity of the subject property is "C." This LOS determination is based on the 2015 average annual daily traffic (AADT) volume of 28,311. The volume -to - capacity ratio for this facility is 0.581. Therefore, this segment of Belcher Road is not a deficient roadway. The number of new daily or peak hour trips will be for the development project determined at the time of site plan review and impacts will be assessed under the City's Mobility Management System in the Community Development Code. However, there is adequate roadway capacity to accommodate the maximum anticipated new daily trips resulting from the amendment. Recommended Conclusions of Law: Based upon the findings of fact, it is determined that the proposed change will not result in the degradation of the existing levels of service for potable water, sanitary sewer, solid waste, parkland, and stormwater management and standards for traffic. Impact on Natural Resources [Section 4-603.F.51 Recommended Findings of Fact: Wetlands are located on the subject property, but the applicant has received a permit from SWFWMD to permanently fill 0.72 acres (the proposed amendment area). Surrounding wetlands not included in the SWFWMD permit will be protected through the Community Development Code's requirement that a vegetative buffer shall be provided on all lands within 25 feet of any property designated on the Zoning Atlas as Preservation (P), or any property determined to be wetlands under the jurisdiction of the State of Florida ("jurisdictional wetlands"); and all lands within 15 feet of the top of the bank of any creeks, channels, or related waterways which contain jurisdictional wetlands. Recommended Conclusions of Law: Any proposed redevelopment is required to be compliant with the City's tree preservation, landscaping, storm water management and wetland vegetative buffer requirements. Based upon the findings of fact, it is determined that the proposed Future Land Use Map amendment will not negatively impact natural resources on the subject parcels. Community Development Board — March 21, 2017 LUP2016-08008 - Page 8 of 9 PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION SUMMARY AND RECOMMENDATION: No amendment to the Comprehensive Plan or Future Land Use Map shall be recommended for approval or receive a final action 'of approval unless it complies with the standards contained in Section 4-603.F, Community Development Code. Table 3 below depicts the consistency of the proposed amendment with the standards pursuant to Section 4-603.F: Table 3. Standards for Land Use Plan Amendments CI)C Section 4-603 Standard Consistent Inconsistent F.1 The amendment will further implementation of the X Comprehensive Plan consistent with the goals, policies and objectives contained in the Plan. F.2 The amendment is not inconsistent with other provisions X of the Comprehensive Plan. F.3 The available uses, if applicable, to which the properties X may be put are appropriate to the properties in question and compatible with existing and planned uses in the area. FA Sufficient public facilities are available to serve the X properties. F.5 The amendment will not adversely affect the natural X environment. F.6 The amendment will not adversely impact the use of X ro erties in the immediate area. Based on the foregoing, the Planning and Development Department recommends the following action: Recommend APPROVAL of the Future Land Use Map Amendment from Preservation (P) to Residential Medium (RM). Prepared by Planning and Development Department Staff: Ellen Crandall Senior Planner ATTACHMENTS: Ordinance No. 8980-17 Resume Photographs of Site and Vicinity Community Development Board — March 21, 2017 LUP2016-08008 - Page 9 of 9 ORDINANCE NO. 8980-17 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE FUTURE LAND USE ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY, TO CHANGE THE LAND USE DESIGNATION FORA 0.72 -ACRE PORTION OF CERTAIN REAL PROPERTY LOCATED ON THE SOUTH SIDE OF MONTCLAIR ROAD APPROXIMATELY 770 FEET WEST OF NORTH BELCHER ROAD, WHOSE POST OFFICE ADDRESS IS 2251 MONTCLAIR ROAD, CLEARWATER, FLORIDA 33763, FROM PRESERVATION (P), TO RESIDENTIAL MEDIUM (RM); PROVIDING AN EFFECTIVE DATE. WHEREAS, the amendment to the Future Land Use 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 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: Propeqy Land Use Category See attached Exhibit A for Legal From: Preservation (P) Description To: Residential Medium (RM) (LUP2016-08008) 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 change by the Pinellas County Board of Commissioners, where applicable, 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 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 Forward Pinellas, in its role as the Pinellas Planning Council, an application to amend the Countywide Plan in order to achieve consistency with the Future Land Use Element of the City's Comprehensive Plan as amended by this ordinance. Ordinance No. 8980-17 PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED, George N. Cretekos Mayor Approved as to form: Attest: Camilo A. Soto Rosemarie Call Assistant City Attorney City Clerk Ordinance No. 8980-17 LU P2016-08008, REZ2016-08005 As furnished by applicant Parcel One 0.37 acres Commence at the Northwest corner of the Southwest 1,/4 of the Northwest 1/4 of Section 6, Township 29 'South; Range iib East; thence N.89'55'57"E„ for 413.73 feet; thence S.00"0:3'30"K, for 75.55 feet to the Point of Beginning, thence 5.70'02'49"E.,. for 6.96 feet; thence S.62'17'32"E., for 21.53 feet; 'thence N.44'14"461,, for 19.35 feet; thence 5.61'15'18"E., for 18.69 feet; thence SA 4'44456"E., for 33.15 feet; thence S,06'12'26"E., for 31.91 feet; thence SA 7'09'40"E., for 40.40 feet; thence a,04`06'01"W., for 53.01 feet; thence S.21'24'37"E..;, for 51,42 feet; thence S.33"29'265"E., for 34.23 feet; thence S.6'8'02'38*W,, for 26.83 feet'. thence 5.3252'44`"W., for 12.93 feet. thence S.49'10,06"E., for 27.53 feet, thence N.89'27'29"IV_ for 35.95 feet; thence N.50`15'05"kid.,, for 55.39 feet; thence N.0318`OB t, for 48.26 feet; thence N.17'37'.36"E., for 46.40 feet; thence N.16'05'22"W., for 35.00 feet., thence N.18'24!52"W.,, for 35.27 feet; thence N.24161,02"K, for 17.18 feet; thence N.18'04'04"W., for 39,98 feet; thence N.58.27'19"'dpi., for 53.27 feet; thence N.08'42"15"W,, for 19.76 feet; thence S.67'55'15"E., for 18.01 feels; thence 5..700`02'.49"E., for .33.03 feet to the Point of Beginning. Containing 0.37 acres, more or less. Parcel Two 0.36 acres DESCRIPTION FOR PARCEL 2 Commence at the Northwest corner of the Southwest 1/4 of the Northwest 1/4 of Section 6, Township 29 South, Range 16 East; thence N.89'55'57"E., for 413.73 feet; thence S.00'03'30"W., for 109.74 feet; thence S.16'29'05"E., for 46.95 feet; thence S.03'17'47"W., for 223.24 feet; thence S.15'25'31 "W., for 8.21 feet; thence S.88'06'30"E., for 7.83 feet; thence S.25'04'30"E., for 4.89 feet to the Point of Beginning; thence continue S.25'04'30"E., for 36.22 feet; thence S.10'19'51"E., for 21.80 feet; thence S.31'44'02"W., for 38.92 feet; thence S.02'21'38"E., for 48.07 feet; thence S.20'45'55"E., for 18.59 feet; thence S.51'32'24"E., for 14.78 feet; thence S.35'54'45"E., for 34.83 feet; thence S.14'52'00"E., for 27.95 feet; thence S.14'27'27"E., for 50.79 feet; thence S.05'10'32"E., for 68.51 feet; thence S.09'09'22"E., for 29.85 feet; thence S.12'00'31 "W., for 32.97 feet; thence S.49'41'39"W., for 19.35 feet; thence N.80'24'49"W., for 22.76 feet; thence N.15'41'52"W., for 45.76 feet; thence N.09'24'29"W., for 48.57 feet; thence N.01'54'27"W., for 34.85 feet; thence N.06'22'21"W., for 39.19 feet; thence N.15'43'04"W., for 43.56 feet; thence S.27'37'11 "W., for 25.75 feet; thence S.43'33'47"W.,, for 12.41 feet; thence S.46'47'14"W., for 6.14 feet; thence N.04'59'55"W., for 4.77 feet; thence N.12'56'15"E., for 149.87 feet; thence N.18'43'14"E., for 8.50 feet; thence N.00'29'53"E., for 74.49 feet to the Point of Beginning. Containing 0.36 acres, more or less. Exhibit A Exhibit B Rev. 11/30/16 o � a97 N � h N N N N RLMRM Parcel RM 197 One P P -96 RM 701 195,1 c RM 1943 WAT 18 7 ;93 2158 216a QO R/0/R 1627 217° Parcel ��e- '9?, 7921 ' a�- 2176 p 1 1 I` V Two 919 2182 2188 1y 911 P N SUNSET POINT RD RM CG'% AF I 1876 r7l 1875 1876 FUTURE LAND USE MAP Owner(s): Montclair Lake Townhomes, LLC Case: LUP2016-08008 REZ2016-08005 Site: 2251 Montclair Road Property Size(Acres): 0.72 Land Use Zoning PIN: 06-29-16-00000-230-0200 From: P P Atlas Page: 254A To: RM MHDR Exhibit B Ellen Crandall 100 South Myrtle Avenue Clearwater, FL 33756 727-562-4836 ellen.crandallna myclearwater.com PROFESSIONAL EXPERIENCE Senior Planner, Long Range Planning Division City of Clearwater, Clearwater, Florida November 2016 to present Responsible for numerous aspects of the Growth Management Act of Florida such as comprehensive planning, Future Land Use Plan amendments, rezonings, and annexations. Update Community Development Codes by Ordinance. Prepare staff reports for the City Council and Community Development Board. Land Resource Specialist City of Clearwater, Clearwater, Florida February 2013 to November 2016 Duties include site plan review of commercial and residential site plans for compliance with the Tree Preservation and Erosion Control sections of the Land Development Code; Participate in weekly BPRC and monthly DRC meetings to communicate technical tree preservation details to staff, contractors, engineers, architects and the general public. Inspect sites prior to plan review. Inspect construction sites for erosion control and tree protection. Investigate and process citizen complaints and provide conflict resolution. Planner I, II City of Clearwater, Clearwater, Florida December 2009 to February 2013 Technical review and preparation of staff reports for various land development applications, the organization of data and its display in order to track information and provide status reports. Assist public customers at the Zoning Counter. Review Building Permits, Sign Permits, Business Tax Receipts, and Landscape Plans as well as Comprehensive Sign Program Applications, and Flexible Standard Developments. Respond as a City representative to citizens, City officials, and businesses concerning ordinances and regulations. Make recommendations and presentations at staff level at various review committees, boards, and meetings. Community Planner Bradford County, Towanda, Pennsylvania January 2008 to May 2009 Coordinates with the 51 municipalities in Bradford County and assisted them in writing Comprehensive Plans, developing ordinances, and general public and municipal education on zoning, land use, and ordinances. Developed a comprehensive Zoning Lexicon for all municipalities with zoning ordinances and assisted mapping the natural gas wells as well as printing maps and parcel data for the gas companies. ■ Intern Pennsylvania Geologic Survey, Middletown, Pennsylvania May 2006 to September 2006 Scanned geologic maps, updated documents and assisted in general office tasks. EDUCATION Bachelor of Science, - Major: Geography, - Minor: Art, - Certificate: Geographic Information System SHIPPENSBURG UNIVERSITY, Shippensburg, Pennsylvania American Planning Association, Florida Chapter ISA, International Society of Arboriculture, Certified Arborist View looking west, across Belcher Rd, at the subject parcel, 2251 M :)rtclas Road View lo_ki_g we --t at the subject parcel j� 4II UW O -1 01.511 & 014,445-:4 view to the we st Vbw b:)kir-g soi_h, across Montclair Road, at the subject peel, 2251 Montclair Road N'i--w ook* south from the suhject parcel WOUMID 15:81 View looking, rum 1'rom1he subject property, across Montclair Road LUP2016-08008 Montclair Lake Townhomes 1 L -C 2251 Montclair Road Page 1 View looking easterly iaozg Mon --c lain Road View looking no - --rly airng Belcher Load View o:)kiig westerly along Montclair Road view tc looping southerly a ung Belcher Road LUP2016-08008 Montclair Lake Townhones LLC 22 -51 Montclair Road Page 2 ,e ; . . . + , d y4 \� x em, � 2\ Land UsD Zoning PIN: 06-25L. 1 6-OOC 00 33-20 From: P E T R) VFOk Atlas Page: 2 4# 2176 R WA SUNSET POINT RD N L, r RM CG AL R /of 1875 1876 rT7 FUTURE LAND USE MAP Owner(s): Montclair Lake T-Dwnhomes, LLC Case: Site: 2251 Montclair Read Property Size(Acres): � M � �0 Ir DR 1881 1875 1876 LU P2016-08008 R EZ2016-08005 0.72 'I Land Use Zoning PIN: 06-29-16-00000-230-0200 From: P P To: RM MHDR Atlas Page: 254A hiLIN •: • RUS: CT z8 •• 7 -2 �: 85 Rev. 11/30/16 MONTCLAIR RD o � iai N MDR MHDR L MHDR '96 v L ■ .195 a • 79. MHDR 1 19 193 2156 2164 ``__ (,� 1927 C �20 ! � 79 2ij0 �v G U 2176 (�v ss 2 2188 �91911 0 0 N D SUNSET POINT RD1 1 189 h MDR N 71 `j 'eBo ALBRIGHT DR 166' 1875 1875 1876 1878 ZONING MAP Owners): Montclair Lake Townhomes, LLC Case: LUP2016-08008 REZ2016-08005 Site: 2251 Montclair Road Property 0.72 Size(Acres): Land Use Zoning PIN: 06-29-16-00000-230-0200 From: P P Atlas Page: 254A To: RM MHDR I I N *L"SITE OEC �j SUNSET POINT RD m F-7771:1— Lu `1W w..:........ J z J SUNNYDALE BLVD O LOCATION MAP Owner(s): Montclair Lake Townhomes, LLC z v O U p J O z Case: W p p z D O M 2 ¢ W M p z W- 0 z O w J 0 Q p � �i H W H = �= m u`ELI J W m J Q _ J VANDERBILT DR LOCATION MAP Owner(s): Montclair Lake Townhomes, LLC z v O U p J O z Case: W p p z D O M 2 ¢ W M VANDERBILT DR LU P2016-08008 REZ2016-08005 a Site: 2251 Montclair Road Property0 72 i Size(Acres): Land Use Zoning – PIN: 06-29-16-00000-230-0200 From: P P ' To: RM MHDR Atlas Page: 254A p z W- C O w J Q z >< 2 iR u`ELI VANDERBILT DR LU P2016-08008 REZ2016-08005 a Site: 2251 Montclair Road Property0 72 i Size(Acres): Land Use Zoning – PIN: 06-29-16-00000-230-0200 From: P P ' To: RM MHDR Atlas Page: 254A :t�ti=Fatma�y:•'T. .. Il & ,es a 2 Rev. 11/30/16 O � � NN j'•'''; N Active N Construction �• •• Assisted Single c Site of Multi- Living Family Facility Residenti 1'••r family Residential -7 197 C mercial o Retail Sales Q •r� and Service e o X F ��Q- 79? 79? o Residential z 79 2188 77 O M N RD 0� b0 C4 0N SUNSET POINT Singl Famil N .788/7 DR j88 Resid ntial EXISTING SURROUNDING USE MAP Owner(s): Montclair Lake Townhomes, LLC Case: LUP2016-08008 R EZ2016-08005 Site: 2251 Montclair Road Property Size(Acres): 0.72 Land Use Zoning PIN: 06-29-16-00000-230-0200 From: P P Atlas Page: 254A To: RM MHDR S:\Planning Department\C D B\Land Use Amendments\Active Cases\Montclair Road 2251 LUP2016-08008 - Montclair Lake Townhomes LLC\Maps\Annotated ExistLUP2016-08008, REZ08005 Map Request revised 112916.docx Land Use Plan and Zoning Atlas Amendment Map Request Planner Name: Ellen Crandall Case Number: LUP2016-08008, REZ2016-08005 Date Request Submitted: 11/29/16 Date Requested for: 12/13/16 Maps Requested Location Map ® Aerial Photograph ® Future Land Use Map ® Zoning Map zExisting Surrounding Uses Map ® 2" x 2" PDF Map (for Newspaper) Required Documents to be submitted to Engineering MLegal Description (warranty deed or survey) - to be hand delivered z Map with Proposed Site Highlighted z EDR - no hard copies submitted - all submission material is accessible through Accela Location Language (for Ordinance Title) Location: 0.72 acre portion of a property located on the south side of Montclair Road approximately 770 feet west of N Belcher Road. PROVIDED LEGAL DESCRIPTION VERIFIED BY: Thomas Mahony, PSM, r i Technoloav Manaaer MAP NAME Owner(s): Montclair Lake Townhomes, LLC Case: LUP2016-08008 R EZ2016-08005 Site: 2251 Montclair Road Property Size(Acres): 0.72 Land Use Zoning PIN: 06-29-16-00000-230-0200 From: P P Atlas Page: 254A To: RM MHDR ML M S 2x2 PDF MAP (for newspaper) Owner(s): Montclair Lake Townhomes, LLC Case: LUP2016-08008 R EZ2016-08005 Site: 2251 Montclair Road Property 0.72 Size(Acres): Land Use Zoning PIN: 06-29-16-00000-230-0200 From: P P Atlas Page: 254A To: RM MHDR � A W// /�/� r�r xr /i 'itse ��/i�� X71+ �11✓F1j9%I':yfTP�/I+////moi@ ��W-2, �/fj/ar•3 W"r/r Cl,�/n�.� �/�/ n XXI SO !/ 0 MW M 00 , 0001 ��� /°//i'liGr: ®� Feet 1234 Address ��tV2i //1VL�//,f/` I'M V l / 0T2;4;: 123 MHP Lot Number �dY e� Subdivision/Condo Number A5 r%ri75y�J,./ /rin Refer to Plat) Block Number /s%Parcel /%� eSub-Parcel Number Number (M&B) Land Hook (Common Ownership) Platted Subdivrision Boundary Lot Ownership Line Original Platted Lot Line Trails �® Building Footpnnt Unincorporated ® Property with Agreement to Annex: ®"� ®��� iii Records�� rii Sanitary Only ATA - 4 Records Q� MW � M ��City ■��Vacant Owned Property: pBNI Recreation �M ® ®� ®®Iffil ' M ®viiiLeasehold � improved ®® ' MEN HUM CRA Owned ® ARN MMEN � ® 2426 243A _ 243B LL LJ ---- -- - ---- ------ —°° - -- =-- CLEARWATER 6a11a "1 81099 1 8apg6 1 L J L— J ' W—PNMey O, _.._._-. Engineer g Deportment Geographi<Tecanobgy Division -71 100 S. Myrtle Ave, Clearwater, FL 33166 PI: (131i66xi160, Fez:wa(727)62-75666 svvrvr.MyCiearter.com L 84008 Datlahwr .J L. — .I a.3 A_ i Inro aero a /am EM3,earh9 Dy are cMdCft C a I �t �+, g i �iLJ I ---:J Le4oao J L64s„ J � . — Depmrrenr ena muar m arcepea ano agog or ma relb 1 wm m 1 cl" b ws u,aern.,ah9 mar me care rapAea wa weaua. ro. me Pampa a aerebphrp a g2pak hbesma:Nre Ynemory As wtl, me Ley d Caerxe me arm wemntlel expre»ea w YnaYM bq me 3 .: \� LTJ r', _- bm y. mmpare Haa. ren day w y.10fillbly d ma ears ro, wy , d,s oma. prLturer u» FPN,enmm me GM oI aYNIMaN a»wws no m �. i m rty r,aawwr eaeoearee wm m. aaa or rwuaa d wcn aara LAKE o . GIs »pn Aw+llnEnarelsna M Q mp 200 100 0 2 00 Feet ;��.I a L 12 Legend x,.A �� ;� $r-_ - v J 1 City Owned Property �1 _ `� � � I3994 � ` Transfer of Development Rights [•12—j SUB NUMBER ("-Referto Plat) �— 3' J Lj e A I uropen ' L --g,-0 O BLOCK NUMBER O Eos, .., 3.5 A, 0 O' SUB PARCEL NUMBER en 3x C 1 C-� t.� nom, PARCEL NUMBER (M&B) �6N29 — --1' ! a a as a LAND HOOK (Common Ownership) M- PERTH ST '-------- / PLATTED SUBDIVISION BOUNDARY M N - - '- e , ae b s xl r 1 W� COUNTY HIGHWAY MHDR 'e AMERICUS Da , nI L�J STATE HIGHWAY U.S. HIGHWAY °p�RTrails s ss A— '' I Property with Agreement to Annex: C • CECELIA LN /0 `i Il - { \ \ Municipal Services ATA -O Records Sanitary 8 Water ATA- 1 Records O ' j 66S," t,ry Only ATA -4 Records Water Only ATA -0 Records 11Oa A—Solid . ss Y Waste Only ATA- 0 Records x3 Am s j Other ATA - O Records MHDR y '°" a M,tRv^ uv of Title - O Records ®ATinccrp deed P D o c En Uninco posted Enclave Type "A" Unincorporated Enclave Type "B" «: ea s a m tB , j Outside of Clearwater Service Area ------------- ZoningLegend O✓a RESICTS Hz MICHAEL IJI t 777777 DEN DI LDR DanaM R.akantlel t _ / � , I -tuw WDR -Low Meaium D.n.M R..Id—1 MDR -Medium N. iy NbIdl N.l 3 's , I MHDR - Mealum Hpl,Dan,by R,,kI I HDR -HgM1 Denary R....nGal r z b s I MHP -Me ll H.—Park IAI(C v21R `\ ' CRNCOD-no.CM1nl.n Ridy. Nei9tlbomood Can»nation 0wr4y Dletrict -IahM Entas N.igM1lortwoa Goa»mtlon IENCODLN Ano INELaNO\ ` / "" Owday Datrkt COMMERCIAL DISTRICTS SPECUL USE pSTRICTS c O.Omce IRT-IN,MeI. ReuaM ndteca,Mcgy I .% Ac,q -InataNuo �IrR Op S C- mbl 0 --pa ec ..I T Comore o -Do werown -R.»nation Araa .. ... .r--,.. -. _ ZoningAtlas ---------------- m�ri --- — —-------------------- ------ e 1HI3 - e CR -616 . f CRd1� e ----------- - -----=----g - _--_3---,�- —4---- Updated.10/1/2016 , 1/4 of 6-29-16 - aNW 263B 254A I Property Appraiser General' rmation Page 1 of 4 Interactive Map of this parcel Back to Ouea Results New Search Tax Collector Home Page Contact Us W M 06-29-16-00000-230-0200 Compact Property Record Card Portability Updated November Radius Calculator 1792016 Email Print Search Ownership/Mailing Address Change 2017 Parcel Use Mailin Address Site Address MONTCLAIR LAKE TOWNHOMES LLC 2251 MONTCLAIR RD 175 BAYSIDE DR CLEARWATER CLEARWATER FL 33767-2502 lassified Agricultural: No Prope . Use: 0030 (Vacant Condo (development land)) Living Units: [click here to hide] Legal Description PART OF SW 1/4 OF NW 1/4 OF SEC 06-29-16 DESC COM SW COR OF SW 1/4 OF NW 1/4 TH NOOD34'41 "W 1347.52FT TO S R/W OF MONTCLAIR RD TH N89D55'41 "E 413.77FT FOR POB TH N89D55'41 "E 600.78FT TH SOOD27'47"W 16.88FT TH CUR RT RAD 210 FT ARC 112.75FT CB S74DO9' 22"E 111AFT TH S58D46' 31"E 92.56FT TH S11D58' 56"E 15.06FT TO W R/W OF BELCHER RD (CR 94) TH S34D48'39"W 849.29FT TH S39D16'15"W 276.32FT TH S34D48'34"W 81.44FT TH N55D11'26"W 27FT TH S34D48'34"W 80FT TH S55DI1'26"E 27FT TH S34D48'34"W 129.62FT TH S70D16'12"W 53.95FT TO N R/W OF SUNSET POINT RD TH CUR RT RAD 34120.1FT ARC 67.8FT CB S89D54'28"W 67.8 FT TH N50D10'18"E 35.77FT TH N55D37'03"E 34.61FT TH N44D39'02"E 27.73FT TH N70D38'26"E 35.22FT TH S65DO3'37"E 17FT TH N58D 38'47"E 24.23FT TH N41D52' 55"E 45.45FT TH S55D11' 27"E 2.64FT TH N34D48' 34"E 14.46FT TH N55D11' 26"W 27FT TH N34D48'34"E 90FT TH NO3DO3'W 36.68FT N25D31'10"W 119.04FT TH N34D51'01"W 207.11FT TH N29D18'08"W 86.82FT TH N47D36'09"E 130.0117T TH N15D28'18"E 217.95FT TH NO3D16'38"E 223.16FT TH N16D25'32"W 46.91FT TH N 109.72FT TO POB TOGETHER WITH THAT PART OF SW 1/4 OF NW 1/4 OF SD SEC DESC COM SW COR OF NW 1/4 OF SEC TH NOOD34'41"W 1347.52FT TO NW COR OF SW 1/4 OF NW 1/4 OF SEC TH N89D55'41 "E 413.77FT TH SOOD03'30"W 75.55FT FOR POB TH N70DO2'49"W 33.63FT TH N67D55'15"W 18.01FT TH S08D42'15"E 19.76FT TH S58D27'19"E 53.13FT TH NOOD03'30"E 29.08FT TO POB PER O.R. 18713/1311 & O.R. 18713/1312 & O.R. 18918/999 ALL CONT 12.56 AC(C) File for Homestead Exemption 2017 Parcel Use Exemption 2016 2017 Homestead: No No omestead Use Percentage: 0.00% Government: No No on -Homestead Use Percentage: 100.00% Institutional: No No lassified Agricultural: No 11 Historic=1 No No I Parcel Information Latest Notice of Proposed Property Taxes (TRIM Notice) http://www.pcpao.org/general.php?strap=162906000002300200 11/18/201 Property Appraiser General' rmation Page 2 of 4 2016 Interim Value Information Year Just/Market Assessed Value/ County School Municipal Value SOH Cap Taxable Value Taxable Value Taxable Value 2016 $2,075,998 $2,075,998 $2,075,998 $2,075,998 $2,075,998 2016 Tax Information Click Here for 2016 Tax Bill Tax District: CW Tax Collector Mails 2015 Tax Bills October 31 2016 Final Millage Rate 20.7213 2016 Est Taxes w/o Cap or $43,017.38 Exemptions A significant change in taxable value may occur when sold due to changes in the market or the Ranked Sales (what are Ranked sales?) See all transactions Sale Date Book/Page Price Q/U V/I 12 Mar 18713/ $2,400,000 Q I 2015 13120 ' http://www.pcpao.org/general.php?strap=162906000002300200 11/18/2016 [click here to hide] Value History as Certified (yellow indicates correction on file) Year Homestead Just/Market Assessed County School Municipal Exemption Value SOH Cap Taxable Value Taxable Value Taxable Value 2016 No $2,075,998 $2,075,998 $2,075,998 $2,075,998 $2,075,998 2015 No $2,138,358 $335,018 $335,018 $335,018 $335,018 2014 No $2,137,118 $333,778 $333,778 $333,778 $333,778 2013 No $2,007,979 $310,029 $310,029 $310,029 $310,029 2012 No $2,008,822 $310,872 $310,872 $310,872 $310,872 2011 No $2,136,145 $321,095 $321,095 $321,095 $321,095 2010 No $2,718,252 $532,052 $532,052 $532,052 $532,052 2009 No $3,317,749 $593,769 $593,769 $593,769 $593,769 2008 No $3,097,800 $590,100 $590,100 $590,100 $590,100 2007 No $2,393,200 $528,500 $528,500 N/A $528,500 2006 No $1,966,800 $487,900 $487,900 N/A $487,900 2005 No $1,805,700 $455,400 $455,400 N/A $455,400 2004 No $1,649,700 $428,000 $428,000 N/A $428,000 2003 No $1,492,000 $398,900 $398,900 N/A $398,900 2002 No $1,200,100 $364,200 $364,200 N/A $364,200 2001 No $1,083,900 $376,600 $376,600 N/A $376,600 2000 No $940,500 $361,800 $361,800 N/A $361,800 1999 No $908,800 $330,100 $330,100 N/A $330,100 1998 No $916,200 $337,500 $337,500 N/A $337,500 1997 No $911,800 $333,100 $333,100 N/A $333,100 1996 No $916,100 $337,400 $337,400 N/A $337,400 2016 Tax Information Click Here for 2016 Tax Bill Tax District: CW Tax Collector Mails 2015 Tax Bills October 31 2016 Final Millage Rate 20.7213 2016 Est Taxes w/o Cap or $43,017.38 Exemptions A significant change in taxable value may occur when sold due to changes in the market or the Ranked Sales (what are Ranked sales?) See all transactions Sale Date Book/Page Price Q/U V/I 12 Mar 18713/ $2,400,000 Q I 2015 13120 ' http://www.pcpao.org/general.php?strap=162906000002300200 11/18/2016 Property Appraiser General ' rmation Page 3 of 4 removal of exemptions. Click here for more information. 2016 Land Information Seawall: No Frontage: None View: Land Unit Total Adjusted Method Land Use Size Value Units Adjustments Value Wasteland/Marsh 0x0 1000.00 0.3500 1.0000 $350 AC (96) Vacant (00) 0x0 200000.00 12.2100 1.0000 $2,442,000 AC [click here to hide] 2017 Extra Features Description Value/Unit Units Total Value as New Depreciated Value Year No Extra Features on Record [click here to hide] Permit Data Permit information is received from the County and Cities. This data may be incomplete and may exclude permits that do not result in field reviews (for example for water heater replacement permits). We are required to list all improvements, which may include unpermitted construction. Any questions regarding permits, or the status of non -permitted improvements, should be directed to the _ w_..�va�■ � rr^ + - i. � crit '3* i^ _M*m F n �j hisa■Jal.>ea .,LtL Allude _Wljltdq� Vln v pn v'i A5MS 'l,atr,wrrJ=W, ! a• r - �°'R rtir?... a n 9 .1 AH .. s JP = .atEta -sarY#.a a» �� `•:llf�f,I'r:Jrt} 6kaxd aMJ �2 ".a,�2 f-l+df�r= i.. la s �. � i JU dill Airk '4 k r`T# . a� � Y .1 �... ,, '"Ti�i�� � � '2A:,.,r R 7?z� � ¢ � t �ar�af, ` i�d'� l Ilrli`.�il t• o, '} f - 3 �°■�o� 1 Mya . r�r.. t46 ®y a,a ml i r Harz ral +Ir?i d0. 1C ' .... 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'lay. j ,,,,yy tC^I"N eJ rnwanl rl a # v, ..jW ���wi.�rl I y i; `ti ,"✓1I,d1 �fJ vc r F a v • d 2C6 P`a .d Gei/rx■P. n t J J'.7r f ri ayl si, . .b el, ■■ ire .s . tie,;.ar fP 7i:� 7e 4 Page 4 of 4 Clearwater, http://www.pcpao.org/general.php?strap=162906000002300200 11/18/2016 (P) Preservation (RLMI Residential Low Madium {WATER) W ator Sut�6et F,,,tW. Rt,, Future Land Use - City of Clearwater Future Land Use {CBD; Central Business District `CG) Commercial General (RLI 'CL) Comm erc-a I Li n* ited CN) Commerc al Neighborhood (CRD) Communiry Redevelopment District (1) Institutional (IG) Industrial General ;IL) Industrial Limited (R) Preservation (R/O/R) Resident-al/Office/Retell �.. - (PLIOG) Residential/office General %RIOL) Residential/Office Limited ;J {RfOS) Recreation/Open Space ARE) Residential Estate (RFH) Resort Facilities H"gh (RH) Res"dential High (RL) Residemial Low (RLI ) Residential Low Medium 1I i RNI) Res'dential Medium (ROAD) Road (RS) Residential Suburban RU) Res-dential Urban !,T/U) Transport ion/utility WATER) Water Zoning - City of Clearwater Zoning IN C - Commercial D - Dowr, towr• HDR - H'gh Density Residential I - Insitutionel IRT - Industrial; Research and Tec nology LCT - Low Density Resi der,ti s I LMDR - Low Med-um Density Residential M D R- Med i u m Deas ity Res identi al MHDR - Medium High Density Residential MHP - Mobile Horne Park 0-Cffce OS/ -Open Space, Recreat'onal P - Preservat'on T - Tourist Service Area Enclave Unincorporated Service Area City of Clea.nvater Service Area Countywide Plan Map Pinellas County, Florida Plan Map Categories Residential eery Lo%.,,_ Residential Lov, (Medium Residential Medium Residential High E::--7 Office Resort Retail & Services Employment ® Industrial E77 Public'Semi-Public Recreation/Open Space Preservation Activity Center Multimodal Corridor ® Target Employment Center Scenics Noncommercial Corridor Other Identified Areas C Submerged Land D Right -of -Way 242B 243A 2438 CLEARWATER 84,2e� 81099 fi4096 '1 L R •. Wer e w°rc Pa. D' 6NGHT Atm �AV7IRILBAY TO BFAQi _-.-_.-. -by':-- a 1 PreP6retl S i 17- j rt.. Engineering D P ent ech I gy Dlvl510n Geographic Technology"' 700 S. Myrtle Ave, Cter, FL 33756 berwaPh:(727)562-4750,Fax: L'u J <^ (727)526.4766 www.Myclearweter,eom : J - 1�1 � l J,^^ / "� f . �, ' i�- -,� -1 L.. _ _, �•"/ I - I ,,, �mreM a avabr w aReAreg6 saa � 6r n�e�rac,MWnt�d, me umargeaaaro roar aw cera rera,Ne lwa w4.eetl ror me pvppm or OerekPkp a Ampxk 60eaWCNn hlerrtory Aa sucA ere GM d °reemarer or xm1 wncempp ma j¢�, J � D.am.nc sr p,p , � I makes np wrtn6x expreawtl . aowmar wmaeMa.a. ren e6y o• sr),.1 y a tNe mra ror eny aner pew v,er we. vvgne,m°re me c6y or ctee,gaM. a�,vmea ao i r � Y v r suoor 1 1 z I aed6ty arax eawcetaq xlm the ua or mouse a aeon oats. xonu. .1^y{ l 3 iso � .� o•— r'�,p � '� =- J \ I � i fib map mry ndn<orPorge,M Meq°eN nbmutlen Fer lM1e mequpledete Ggdbn al,M1alnl,vtructun ronsuX,M CMelWuwge,sGlS Mappirq MdkWme< M1,hJWee,wtlenGRenau.up ` OIJ �. i ri e% w-. -E 200 100 0 200 Feet 6 2 Ac" + ran ons Lenend a 1234 Address L�4 ? / '^ LIEJ a_e ' A` \ "" 123 MHP Lot Number - 6 2345: 12345:S(bd' ' ' /C oNuNumber Am Refer to Plat)2Ce ss Block Number L_!1112 — J f b ! a (D Sub-Parcel Number m O°' .LA RD x PERTH — -- <^iParcel Number (M&B) N 2 ; 6 °` , " ° a3 ® Land Hook (Common Ownership) ,v Platted Subdivision Boundary J AMER DU3 I- a J /Lot Ownership Line f-- , 7:1I °'Y 'ierlu _ ` m Original Platted Lot Line 6.65 Acm ✓ A Trails 12_ 6 CECEDLN IA H / Building Footprint Unincorporated °b u`7.Property with Agreement to Annex: 17.06 Acro .,.lPX Aero 'st _� '6 , � a w ,, MR L.' I I i ® Sanitary&Water ATA-1 Records ® Sanitary Only ATA-4 Records D +isr Y_47, j ii City Owned Property: y g., ZVI <, Q Vacant -P „aa4 � � ; Parks &Recreation Area " " jO; ® Improved t Leasehold ®?a MICHAEL (ads, Aay CRA Owned � 44j2 ----` - ' • -T" ,IL rm 2 fzLL 7e I` J LAKE_- c/ a pINEIANpD LN 8.04 Acas , I I , HOUSE ATLAS .65 �- --- �— - ---- m :, i $ -� .''� . ( += . a ----- -------------- a SUNSET • ! RpINTt Y Updated: 9/3.42016 —_-- NW 1/4 of 6-29-16 F 254A 262B - 263A 2638 2428 243A 243B --LEARWAT�� L P—y D, Php ... d by: 5 E� ..d.g D.p.rt—1 G-g,,phl, T-hnology Dt�—, t� S. MI'd, All, C111-111, 11 "Ill �,: (727)5624750, Fa,: (727)5264755 _.Mycleawatencom 7 A— 01 r i r J —V -1 ft d - .1y I --y —y o, � — — - C', .1 c --- -110 LZ Z", L I C�y GM M-RP'� i 4'� LAKE r. �hp N — ----------- T� 2 200 100 0 200 Feet nend Lec C 2 A� r ItL 166 0 City Owned Property Transfer of Development Rights r- 7-2-3451 SUB NUMBER Referto Plat) 0, L j L A. BLOCK NUMBER Is A- 0 SUB PARCEL NUMBER 4 0 PARCEL NUMBER (M&B) V LAND HOOK (Common Ownership) M I PERTH ST ------------- PLATTED SUBDIVISION BOUNDARY MONTCLAIR R0 f MHDR--, co COUNTY HIGHWAY STATE HIGHWAY , I AMERICUS IR' 1 1. ---IZ4 LxJ U.S. HIGHWAY e (F — I'll . 3 ---- Trails 0.65 A— Property with Agreement to Annex: I CECELIA LN jMuri,i,,lS,,viC,EATA- I Records Sanitary &Water ATA - 1 Records Sanitary Only ATA- 4 Records Water OrlyATA- 0 Record. II.M A- Solid Waste Only ATA - 0 Records 217 A— MHDR P I ~y LN!'. i Other ATA - 0 Records ATAO�tald� Chain ofThle-0 Records Unin rated En I:ve Type "A" corporatEd Unincorpo cl ve Type "B" Eno Outside of Clearwater Service Area -------- — ---------------------------- Zoning Legend MICHAE, LN SO A.h RESIDEN-L D1STRJCTS 0 LMDR L— D—ky R-1 'R M DR HDR N11fty R,,Id-ftl jCRNCOD :High C-- RWg. N.Whb.—d C.—ft, LAKE - n 0-d.y D- PINELAN'D LN 'INC 00 -1,WMEV1-N1iQh�rh,,dC—fl,, aN A.. 21 T, COMMERCiALDISTFUCTS SPE—LUSECISTMTS --- 27 0-0m. :RT :1-4.R—h-T—M T:T.� .55 C C-- OEM - O�, sp—m":� P A Zoning Atlas C-1 s CRZ76 ------ 7- Updated. 10/1/2016 r NW 1/4 of 6-29-16 262B 263A 254A Northside .6"tif" .70p". November 10th, 2016 City of Clearwater (Planning Department) Attn: Lauren Matzke, Long Range Planning Manager 100 South Myrtle Avenue Clearwater, Florida 33756 Subject: LUP2016-08008 - 2251 Montclair Road Parcel Id: 06-29-16-00000-230-0200 Dear Lauren, Civil Land Planning Due. Diligence Reports Re -Zoning, Land Use.Arinexation Stormwater Managemetit Utility Design Trat6c Consuvrttion Administration Please find the following items attached in hard copy (1 Set Each) and CD for case number LUP2016-08008. 1. Site Plan Sheet C1.0 and C1.1 Land Use Amendment, 2. Sketch of Wetlands One (1) & Two (2), 3. Armstrong Environment Service Report, 4. SWFWMD Permit Approval and Amendment, 5. Comprehensive Plan Amendment Application for Future Land Use and, 6. Narrative for Comprehensive Plan Amendment, If any additional information is requested, please do not hesitate to contact our staff. Sincerely, 4 Sandra L. Bradbury, Office Manager 300 South Belcher Road PAGE 10F 1 2251 MONTCLAIR RD Cleamiater, Florida 3376.5 LUP2016-08008 Tel: 727-443-2869 Fax: 727-446-8036 - Monclair Lake Townhomes, LLC Zoning: Medium High Density Atlas #: 254A Northside November 10th, 2016 City of Clearwater Attn: Lauren Matzke, AICP Long Range Planning Manager 100 South Myrtle Avenue Clearwater, Florida 33756 Re: Case #LUP2016-08008 and REZ2016-08005 Parcel #06-29-16-00000-230-0200 Dear Lauren, Civil Land Planning Due Diligence Reports Re -Zoning, Land Use. Annexation Stormwater Management Utility Design Traffic Construction Administration NOV 15 2016 PLANNING & DEVELOPMENT DEPT The following items are resubmitted for the above subject cases. Please review the following comments and response for completeness, for the December 1St, 2016, Development Review Committee meeting: 1. Applications, page 1, please provide an accurate written project description. Response: An accurate project description was provided on page I of the application. The project is requesting a zone change for 0.72 acres of low grade wetlands from "P" Preservation to "MHDR" in order to construct town homes. 2. Applications, page 2, please provide the accurate acreage of disturbance (0.72 acres) consistent with the Southwest Florida Water Management District (SWFWMD) letter dated November 1St, 2016, approving amendments to Permit No. 43034349.002, where an additional 0.12 acres are Wetland #1 may be filled. Response: The site area, listed on page 2, was revised to the correct value of 0.72 acres. This is consistent with the SWFWMD amendment to permit 43034349.002. 3. Applications, page 4, please revise written responses to criteria consistent with the revised acreage. Response: The written narratives, referenced on page 4 of the application, have been revised to the correct value of 0.72, acres. 300 South Belcher Road Clearwater, Florida 33765 727 443 2869 Fax 727 446 8036 .! t 4. Armstrong Environmental Services, Inc. report dated November 1St, 2016, references the wrong acreage amounts related to the wrong wetland areas and is not consistent with the SWFWMD approval. Response: The Armstrong Environmental Services report has added a table which references the three labels used for the wetlands within the report, the SWFWMD permit and on the plans. Surveys, Wetland #2, please provide accurate survey and legal description consistent with the SWFWMD approval of filling 0.35 acres of the 0.60 acres of Wetland #2 and retaining 0.25 acres as wetland area. Response: An updated survey, plus legal description, of the revised Wetland Area # 2 has been included with this submittal. We will also include one (1) complete set of plans and application material for each case as required when submitting hard copies along with CD. 'ncerely, Donald B. Fairbairn, P.E. Northside Engineering, Inc. Page 2 of 2 2:\2014 AutoCAD Projects\1433 - Montclair Lake Estates -Gus DiGiovanni\Out\AII 2016 sent out\City Review\Out to City Rezoning & LandUse 11.10.2016\Comment & Response for Montclair 11.07.2016.docx Northside Montclair Lake Estates 2251 Montclair Road Clearwater, Florida Subject: LUP2016-08008 Parcel Id: 06-29-16-00000-230-0200 360 South Belcher Road PAGE 1 OF 8 CleaRvater, Florida 33765 Tel: 727-443-2869 Fax: 727-446-8036 Civil Land Planning. Due Diligence Reports Re -Zoning, Land Use, Annemticin Stormwrater Management Utility Design Traffic Construction Administration Comprehensive Plan Amendment for Future Land Use Application Page 2 of 8 z:\2014 AutoCAD Projects\1433- Montclair Lake Estates -Gus DiGiovanni\Out\All 2016 sent out\City Review\Out to City Rezoning & LandUse 11.10.2016\01d Landuse\Letter of Transmittal for Land Use 11.01.2016.docx ojPlanning & Development Department l�1earwatff Comprehensive Plan Amendment Application Including Future Land Use Map Amendments ALL APPLICATIONS ARE TO BE FILLED OUT COMPLETELY AND CORRECTLY, AND SUBMITTED IN PERSON (NO FAX OR DELIVERIES) TO THE PLANNING & DEVELOPMENT DEPARTMENT BY NOON ON THE SCHEDULED DEADLINE DATE. A TOTAL OF 11 COMPLETE SETS OF APPLICATION MATERIALS (1 ORIGINAL AND 10 COPIES) AS REQUIRED WITHIN ARE TO BE SUBMITTED FOR REVIEW BY THE DEVELOPMENT REVIEW COMMITTEE. SUBSEQUENT SUBMITTAL FOR THE COMMUNITY DEVELOPMENT BOARD WILL REQUIRE 15 COMPLETE SETS OF APPLICATION MATERIALS (1 ORIGINAL AND 14 COPIES). PLANS AND APPLICATIONS ARE REQUIRED TO BE COLLATED, STAPLED AND FOLDED INTO SETS. IT IS INCUMBENT UPON THE APPLICANT TO SUBMIT COMPLETE AND CORRECT INFORMATION. ANY MISLEADING, DECEPTIVE, INCOMPLETE OR INCORRECT INFORMATION MAY INVALIDATE YOUR APPLICATION. THE APPLICANT, BY FILING THIS APPLICATION, AGREES TO COMPLY WITH ALL APPLICABLE REQUIREMENTS OF THE COMMUNITY DEVELOPMENT CODE. APPLICATION FEE: $885 Future Land Use Map Amendment only, includes Zoning Atlas Amendment $0 Comprehensive Plan Text Amendment APPLICATION TO AMEND: X FUTURE LAND USE MAP (select one) PROPERTY OWNER (PER DEED) COMPREHENSIVE PLAN (TEXT) Montclair Lake Townhomes. LLC. (Gus DiGiovanni MAILING ADDRESS: 175 Bayside Drive, Clearwater, Florida 33767 PHONE NUMBER: 727-797-8972 EMAIL: gus@digiovannihomes.com AGENT OR REPRESENTATIVE: Northside Engineering. Inc. (Housh Ghovaee MAILING ADDRESS: 300 South Belcher Road, Clearwater, Florida 33765 PHONE NUMBER: 727-443-2869 EMAIL: housh(d)-northsideengineering.net ADDRESS OF SUBJECT PROPERTY (if applicable): 2251 Montclair Road, Clearwater, Florida 33763 PARCEL NUMBER(S): 06-29-16-00000-230-0200 LEGAL DESCRIPTION: See site plan and attached. DESCRIPTION OF TEXT Change (P) Preservation to (RM) Residential Medium, in order to construct AMENDMENT (if applicable): townhomes. Specifically identify the requested amendment to the Comprehensive Plan Planning & Development Department, 100 S. Myrtle Avenue, Clearwater, FL 33756, Tel: 727-562-4567; Fax: 727-562-4865 Page 1 of 5 Revised 03/12 o� Planning & Development Department , �, earwater Comprehensive Plan Amendment Application 0 Including Future Land Use Map Amendments PLEASE ENSURE THAT THE FOLLOWING INFORMATION IS FILLED OUT, IN ITS ENTIRETY. FAILURE TO COMPLETE THIS FORM WILL RESULT IN YOUR APPLICATION BEING FOUND INCOMPLETE AND POSSIBLY DEFERRED UNTIL THE FOLLOWING APPLICATION CYCLE. FUTURE LAND USE PLAN DESIGNATION PRESENT: P - Preservation REQUESTED: RM - Residential Medium ZONING DISTRICT PRESENT: P - Preservation REQUESTED: MHDR - Medium High Density Residential SITE AREA: 31,582 sq. ft. MAXIMUM ALLOWABLE DENSITY/INTENSITY(S) : Current/Existing Future Land Use(s): 0 Proposed Future Land Use(s): 15 (units, rooms or beds per acre or non- residential square footage) 0.72 acres USE(S): Existing (currently on site or previous use if vacant) Proposed (new use, if any; plus existing if to remain): FUTURE LAND USE PLAN DESIGNATIONS FOR ALL ADJACENT PROPERTY: North: RU (County) South: P East: West: RM Wetland Townhomes STATE OF FLORIDA, COUNTY OF PINELLAS 1, the undersigned, acknowledge that all representations made in this application are true and accurate to the best of my knowledge and authorize City representatives to visit and photograph the property described in this application. ,r SwoU to and subscribed before me th�ieto 7& day of me and/or by (Ve, who is personally known has prod�dce } as ide�t,'ficat'on. S' natu &$ropefly own or representative FirrLT44 Ssard�re Lee ubk 6 bNotary public,Myr FF 910527 My commission expires: Planning & Development Department, 100 S. Myrtle Avenue, Clearwater, FL 33756, Tel: 727-562-4567; Fax: 727-562-4865 Page 2 of 5 Revised 03/12 °� Planning & Development Department 0 Cearwater -�- Comprehensive Plan Amendment Application U Submittal Package Checklist IN ADDITION TO THE COMPLETED COMPREHENSIVE PLAN AMENDMENT APPLICATION, ALL COMPREHENSIVE PLAN AMENDMENT APPLICATIONS SHALL INCLUDE A SUBMITTAL PACKAGE THAT INCLUDES THE FOLLOWING: ® If the application is for an amendment to the Comprehensive Plan Future Land Use Map (LUP), in addition to the application, the applicant must also provide the following: ® Proof of ownership (e.g., copy of deed, title insurance policy, or other instrument demonstrating ownership) [Note: Submit two copies only at time of original application] ® 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 is required. ® Information demonstrating that the proposed amendment complies with the criteria set forth in Section 4-603.F. The attached Comprehensive Plan Amendment Standards for Review sheet shall be used to provide these responses. ® An assessment of the impact of the proposed change on the adequacy of public facilities, the environment, community character, and the fiscal condition of the city. ❑ If the application is for an amendment to the Comprehensive Plan text (CPA), and does not affect an individual parcel of land, in addition to the application, the applicant must also provide the following: ❑ Data and analysis to support such an amendment under Florida Statutes. ❑ Information demonstrating that the proposed amendment complies with the criteria set forth in Section 4-603.F. The attached Comprehensive Plan Amendment Standards for Review sheet shall be used to provide these responses. M A Traffic Impact Study is not required as part of the application for an amendment to the Comprehensive Plan Future Land Use Map (LUP). A Traffic Impact Study may be provided at the applicant's discretion to supplement the assessment of the impact of the proposed change on the adequacy of public facilities (existing roadways). A Traffic Impact Study may be required at the time a site plan is submitted for development review if the total generated net new trips generated by the proposed development meet one or more conditions outlined on the appropriate application. M PUBLIC HEARING ATTENDANCE: The applicant or applicant's agent is advised to attend all public hearings scheduled for the proposed amendment including public hearings before the Community Development Board and City Council. Planning & Development Department, 100 S. Myrtle Avenue, Clearwater, FL 33756, Tel: 727-562-4567; Fax: 727-562-4865 Page 3 of 5 Revised 03/12 o� Planning & Development Department C_earwater Comprehensive Plan Amendment Standards for Review PROVIDE COMPLETE RESPONSES TO EACH OF THE SIX (6) STANDARDS FOR REVIEW EXPLAINING HOW, IN DETAIL, THE CRITERION IS BEING COMPLIED WITH PER THIS COMPREHENSIVE PLAN AMENDMENT. 1. The amendment will further implementation of the comprehensive plan consistent with the goals, policies and objectives contained in the plan. See Narrative 2. The amendment is not inconsistent with other provisions of the comprehensive plan. See Narrative 3. The available uses, if applicable, to which the property may be put are appropriate to the property in question and compatible with existing and planned uses in the area. See Narrative 4. Sufficient public facilities are available to serve the property. See Narrative 5. The amendment will not adversely affect the natural environment. See Narrative 6. The amendment will not adversely impact the use of property in the immediate area. See Narrative Planning & Development Department, 100 S. Myrtle Avenue, Clearwater, FL 33756, Tel: 727-562-4567; Fax: 727-562-4865 Page 4 of 5 Revised 03/12 c �earwate�Planning &Development Department µ. Comprehensive Plan Amendment p Affidavit to Authorize Agent/ Representative_ 2. Provide names of all property owners on deed — PRINT full names: Montclair Lake Townhomes, LLC. 2. That (I am/we are) the owner(s) and record title holder(s) of the following described property: Gus DiGiovanni 3. That this property constitutes the property for which a request for (describe request): Land use amendment. 4. That the undersigned (has/have) appointed and (does/do) appoint: Housh Ghovaee as (his/their) agent(s) to execute any petitions or other documents necessary to affect such petition; 5. That this affidavit has been executed to induce the City of Clearwater, Florida to consider and act on the above described property; 6. That site visits to the property are necessary by City representatives in order to process this application and the owner authorizes City representatives to visit and photograph the property described in this application; That (1/we), the undersigned authority, hereby certify that the foregoing is true and correct. Gus DiGiovanni Property Owner Property Owner Property Owner STATE OF FLORIDA, COUNTY OF PINELLAS Property Owner BEFORE ME THE UNDERSIGNED, AN OFFICER DULY COMMISSIONED BY THE LAWS OF THE STATE OF FLORIDA, ON THIS 1 st DAY OF July 2016 , PERSONALLY APPEARED Gus DiGiovanni WHO HAVING BEEN FIRST DULY SWORN DEPOSED AND SAYS THAT HE/SHE FULLY UNDER 1, NDS THE CONTENTS OF THE AFFIDAVIT THAT HE/SHE SIGNED. 4p 6 NOFlrr Pi:Glic $Date OP Florift i f l�� � Sandra L(!ra Bradbury ak K`'Y Carnmissicn FF 810527 AP,"9!291$ Sandra Bradbury Notary Public Signature #FF910527 Notary Seal/Stamp My Commission Expires: 0$/18/2019 Planning & Development Department, 100 S. Myrtle Avenue, Clearwater, FI.33756, Tel: 727-5624567; Fax: 727-562-4866 Page 6 of 5 Revised 03/12 General Warranty Deed Page 3 of 8 z:\z014AutocADProjects\1433-Montclair Lake Estates -Gus DiGiovanni\Out\All 2016 sent out\City Review\Out to City Rezoning & LandUse 11.10.2016\01d Landuse\Letter of Transmittal for Land Use 11.01.2016.docx S#: 2016262114 BK: 18918 PG: 999 1/11/2015 at 01:15 PM, RECORDING 2 PI $18.50 KEN BURKE, CLERK OF COL ND COMPTROLLER PINELLAS COUNTY, FL L DEPUTY CLERK: CLKPRI2 Prepared by: Julie T. Holt Anclote Title Services, Inc 38868 US Highway 19 North Tarpon Springs, Florida 34689 File Number: 14-113 t .I General Warranty Deed Made this September 1, 2015 A.D. By DAVID B. WEBB & SHARON WEBB, husband & wife, 2200 Montclair Road, Clearwater, _ Florida 33763, hereinafter called the grantor, to MONTCLAIR LAKE TOWNHOMES, LLC, a Florida Limited Liabilitry Company, t ' whose post office address is: 175 Bayside Drive, Clearwater, Florida 33767, hereinafter called the grantee: (Whenever used herein the term "grantor" and "grantee" include all the parties to this instrument and the heirs, legal representatives and assigns of — individuals, and the successors and assigns of corporations) _ Witnesseth, that the grantor, for and inconsideration of the sum of Zero dollars & no cents, bud other valuable considerations, receipt whereof is hereby acknowledged, hereby grants, bargains, sells, aliens, remises, releasesa conveys and otuiftrrris unto the grantee, all that certain land situate in Pinellas County, Florida, viz: See Attached Schedule "A" ' Parcel ID Number: 06-29-16-00000-230-0200 Together with all the tenements, hereditaments and appurtenances tl�dreto belonging olr j tittywise appertaining. To Have and to Hold, the same in fee simple forever. And the grantor hereby covenants with said grantee tjtaithe grantor is,lOvvWly-seized of said land in fee simple; that the grantor has good right and lawful authority to sell and convey sand iand; that the grantor hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons whotpSoaver; and That said land is free of all encumbrances except taxes accruing subsequent to December 31, 2014. In Witness Whereof, the said grantoe as signed and sealFd these presents the day and year first above written. Signed, sealed and delivered in our presence.: ` (Seal) JULIE T. HOT DAVID B. WEBB Witness Printed Name (Seal) ` CpAT SHARON WEBB Witness Printed Name Jl �{FtVE State of 171wida County of Pinellas to The foregoing ins'WAent 6vps acknowledged before me this day of September 2015, by DAVIB. WE SHARON WEBB husband & wife , who are personalry known to me or who has producld drivers licenses as Iden 'fic do . Notary Public JULIET. HOLT Print Name: My Commission Y�2�-' Expires• r _.. ,. JUtJF. T. HOLT MY CW, ,MISSION # FF 0D0491 EXPIAES: 4 24, 2017 •Y" ✓Y, OWMrWW Thru NsuryPubtic IaMsn„7sr, PINELLAn COUNTY FL OFF. REC. BK - 'S PG 1000 Prepared by: Julie T. Holt Anclote Title Services, Inc 38868 US Highway 19 North Tarpon Springs, Florida 34689 File Number: 14-113 "Schedule A" � 1 1 1 1 1 1 1 A parcel of land being a portion of the Southwest 1/4 of the Northwest 1/4 of Section 6, Township 29 Sotlt)r; Range , 16 East, Pinellas County, Florida, being more particularly described as follows: Commence at the Southwest comer of the Southwest 1/4 of the Northwest 1/4 of Section jownship29 South, Range 16 East, Pinellas County, Florida; thence N00° 34'4 1 " W, along the West line of said � opthwesY 4,14 of the Northwest 1/4 of Section 6 (being the basis of bearings for this legal description), for 1347.52 feet to.the'Northwest corner of said Southwest 1/4 of the Northwest 1/4 of Section 6; thence N89° 55' 4P% 1 alorig_the Nyrt`h line of said Southwest 1/4 of the Northwest 1/4 of Section 6, same being the South Rig4t-of Way, line of nYcWr Road (formerly Sunset Point Coachman Road) according to Board of County Commission Mitritte Book 5, page 60, of the public records of Pinellas County, Florida, for 413.77 feet to the PO1N-T 0t,6EGII' ING; thence continue N89° 55'41" E, along said North line of the Southwest 1/4 of the NpAhiw 'si 1/4 of Sdctiori 6, same being said South Right -of Way line of Montclair Road, according to Board of County Comikissieti Minute Book 5, page 60, for 600.78 feet; thence the following three (3) courses along the Soulherly Rig) t-�f--Way line of Montclair Road according to the Official Records Book 4609, Page 203, otthe Pitblit eForcis,6,fPinellas County, Florida; (1) thence leaving said North line of the Southwest 1/4 oftjtE Afortliwest 14-of-Se6tion 6, S00° 27'47" W, for 16.88 feet to the point of intersection with a non -tangent curve; conpave Sctu'ttlerly; (2) thence Easterly along the arc of said curve, from a radial bearing of N001 27'48" I ; hoMn$,d radius of 2(0.00 feet, central angle of 30° 45'41", an arc length of 112.75 feet, and a chord bearing 514' 09"22",1; for 111.40 feet to the point of tangent; (3) thence S58° 46'31" E, for 92.56 feet; thence leaving said Southerly Right -of -Way line of Montclair Road according to the Official Records Books 4609, page 203, S 1,k' S8' y6,'It, alotigihe Southerly Right -of Way line of Montclair Road according to the Official Records Book -4.715,p" ge 2002, of the Public Records of Pinellas County, Florida, for 15.06 feet to the point of intersectio 0i with tfie, gteTly Right -of Way line of Belcher Road (County Road 94) according to said Official Records Book of 4009, phge 203; thence S34' 48'39" W, along said Westerly Right -of Way line of Belcher Road (CountylRoad 94) apaording to Official Records Book 4609, page 203, for 849.29 feet; thence the following six (6Xcoprses along thp'Westerly Right -of Way line of Belcher Road (County Road 94) according to Official Records $aolcV& 2,j)iage 1478, of the Public Records of Pinellas County, Florida; (1) thence S39' 16' 15" W, for,27632f@et; l2) thence S34° 48'34" W, for 81.44 feet; (3) thence N55° 11' 26" W, for 27.00 feet; (4) thence S34° 49',3,V4,_6r 8'0.00 feet; (5) thence S55° 11' 26" E, for 27.00 feet; (6) thence S34° 48' 34" W, for 129.62 feet tb,the poipt of intersection with the Northerly Right -of -Way line of Sunset Point Road (State Road S-588) according\to said Official Records Book 8312, page 1478; thence S70' 16' 12" W, along said Northerly,Right-of Waylline 6 Sunset Point Road (State Road S-588) according to Official Records Book 8312, page 1478, fgr'53.95 feet, to the point of intersection with a non -tangent curve, concave Northerly; thence Westerly along said Nor4he-tly Kt -of Way line of Sunset Point Road (State Road S-588) according to Official Records Book 8312, page 1'47$, along the are of said curve, from a radial bearing of S00° 08' 56" E, having a radius of 34,120.10 feet, a central angle of 00' 06' 50", an arc length of 67.80 feet, and a chord bearing S89° 54'28" W for 67.80 feet to the point of intersection with a non -tangent line; thence leaving said Northerly Right -of -Way line of Sunset Point Road (State Road S-588) according to Official Records Book 8312, page 1478, N50' 10' 18" E, for 35.77 feet; thence N55° 37'03" E, for 34.61 feet; thence N44' 39'02" E, for 27.73 feet; thence N70' 38'26" E, for 35.22 feet; thence S65° 03'37" E, for 17.00 feet; thence N58' 38'47" E, for 24.23 feet; thence N41' 52'55" E, for 45.45 feet; thence S55° 11' 27" E, for 2.64 feet; thence N34' 48'34" E, for 14.46 feet; thence N55° 11' 26" W, for 27.00 feet; thence N34° 48'34" E, for 90.00 feet; thence NO3° 03'00" W, for 36.68 feet; thence N25° 31'10" W for 119.04 feet; thence N34° 51' 01" W, for 207.11 feet; thence N29° 18' 08" W, for 86.82 feet; thence N47' 36' 09" E, for 130.01 feet; thence N15' 28' 18" E, for 217.95 feet; thence NO3° 16'38" E, for 223.16 feet; thence NI V 25'32" W, for 46.91 feet; thence N00° 00'00" E, for 109.72 feet to the POINT OF BEGINNING. Narrative of Comprehensive Plan Amendment Page 4 of 8 z:\2o14AutocAD Projects\1433 - Montclair Lake Estates -Gus DiGiovanni\Out\All 2016 sent out\City Review\Out to City Rezoning & LandUse 11.10.2016\01d Landuse\Letter of Transmittal for Land Use 11.01.2016.docx Montclair Lake Estates 2251 Montclair Road Comprehensive Plan Amendment Criteria The request to change the Future Land Use designation of the subject total 0.72 acres from Preservation (P) to Residential Medium (RM) is to remove a poor quality wetland area that the developer has already received a SWFWMD permit to fill without any mitigation for a better site design. 1. The amendment will further implementation of the comprehensive plan consistent with the goals, policies and objectives contained in the plan. Response: The proposed amendment from Preservation (P) to Residential Medium (RM) is consistent with the applicable Goals, Objectives and/or Policies of the City's Comprehensive Plan as follows: Future Land Use Plan Element: Goal A.1 — THE CITY OF CLEARWATER SHALL CONTINUE TO PROTECT NATURAL RESOURCES AND SYSTEMS THROUGHOUT THE CITY AND ENSURE THAT THESE RESOURCES ARE SUCCESSFULLY INTEGRATED INTO THE URBAN ENVIRONMENT THROUGH LAND DEVELOPMENT REGULATIONS, MANAGEMENT PROGRAMS, AND COORDINATION WITH FUTURE LAND USE INTENSITIES AND CATEGORIES. Objective A.1.1— On an ongoing basis, natural resources and systems shall be protected through the application of local, state, and regional regulations, mitigation and management plans, and permitting procedures as well as through locally instituted land purchase programs focusing on environmentally sensitive properties and significant open space areas. Policy A.1.1.1 — Any permanent and temporary alteration of Department of Environmental Protection (D.E.P.) jurisdictional or non -jurisdictional wetlands, the jurisdictional wetlands of the Southwest Florida Water Management District (SWFWMD), beach dunes, sensitive soils, or other natural systems shall be prohibited unless such alteration is fully consistent with all local, state, and federal regulations, mitigation and management plans, and permitting procedures that may be applicable, including the wetland vegetative buffer requirement of the City's Community Development Code. Policy A.1.1.3 — Environmentally sensitive wetlands subject to Department of Environmental Protection (DEP) jurisdiction and the jurisdictional wetlands of the Southwest Florida Water Management District (SWFWMD) shall be designated by "Preservation" (P) zoning and prevented from being built upon except as permitted by the Preservation Zoning District. Policy A.1.1.8 — Mitigation plans for alteration of non -jurisdictional wetlands, beach dunes, swamps, marshes, streams, creeks, one hundred (100) year flood plains, or lakes shall require not less than a 1:1 ratio of mitigation land (on- or off-site) as approved by the Engineering Department and/or City Council, and in coordination with the Southwest Florida Water Management District (SWFWMD). Response: The existing Preservation (P) designation was modified in the past based on a survey of the jurisdictional wetlands. The total 0.72 acres of wetlands proposed to be amended from Preservation (P) to Residential Medium (RM) is of poor quality and has already been approved to be filled without any mitigation from SWFWMD. The proposed Residential Medium (RM) designation is consistent with the other upland areas of this overall development of Residential Medium (RM). While the request increases the allowable density of the property by 14 dwelling units, the change will allow for an improved site plan without increasing the approved development of the property with a total of 86 c KA Cho townhome dwelling units in two phases. Therefore, the proposal is consistent with and furthers this Goal, Objective and Policies. Objective A.5.3 — Use the city-wide design structure as a guide to preserve the existing character of certain corridors within the City of Clearwater. Policy A.5.3.1 — Preserve the residential character of the designated scenic non-commercial corridor of Belcher Road from Sunset Point Road to the northern City Limits. Policy A.5.3.2 — Maintain the mix of residential and commercial uses along Belcher Road from Countryside Boulevard to Northeast Coachman Road. Response: While the request increases the allowable number of units by 14 dwelling units, the change will allow for an improved site plan without increasing the approved development of the property with a total of 86 townhome dwelling units in two phases. Attached dwellings exist to the north across Montclair Road. Commercial uses exist across Belcher Road to the east. Therefore, the proposal is consistent with and furthers this Objective and Policies. Objective A.5.5 — Promote high quality design standards that support Clearwater's image and contribute to its identity. Policy A.5.5.1 — Development should be designed to maintain and support the existing or envisioned character of the neighborhood. Response: While the request increases the allowable number of units by 14 dwelling units, the change will allow for an improved site plan without increasing the approved development of the property with a total of 86 townhome dwelling units in two phases. Attached dwellings exist to the north across Montclair Road. Commercial uses exist across Belcher Road to the east. Therefore, the proposal is consistent with and furthers this Objective and Policy. Goal A.6 — The City of Clearwater shall utilize innovative and flexible planning and engineering practices, and urban design standards in order to protect historic resources, ensure neighborhood preservation, redevelop blighted areas, and encourage infill development. Objective A.6.2 — The City of Clearwater shall continue to support innovative planned development and mixed land use development techniques in order to promote infill development that is consistent and compatible with the surrounding environment. Policy A.6.2.1— On a continuing basis, the Community Development Code and the site plan approval process shall be utilized in promoting infill development and/or planned developments that are compatible. Response: While the request increases the allowable number of units by 14 dwelling units, the change will allow for an improved site plan without increasing the approved development of the property with a total of 86 townhome dwelling units in two phases. Therefore, the proposal is consistent with and furthers this Goal, Objective and Policy. Conservation Element: GOAL F.1 — TO PROTECT AND CONSERVE ALL ASPECTS OF THE NATURAL ENVIRONMENT AND TO ENHANCE NATURAL FEATURES WHICH CONTRIBUTE TO THE EXISTENCE OF THE NATURAL QUALITIES AND CHARACTERISTICS OF CLEARWATER'S SENSITIVE ENVIRONMENT. Objective F.1.2 — The City shall continue to protect floodplains, drainage ways, and all other natural areas having functional hydrological characteristics. Objective F.1.5 — The City shall continue to maintain the wetland inventory of 760 acres as identified in the City's 2005 Wetlands Survey -Q-lpo k v► of G Lt 4k I-VO'VQA ala � Policy F.1.5.1 — Wetlands shall not be dredged and filled or disturbed in any manner other than by natural phenomenon and their natural functions shall be protected, except through the implementation of State or City mitigation standards. Policy F.1.5.3 — The City shall protect and prevent disturbance of any natural wetland areas whether publicly or privately owned, by utilizing assessments and authority provided by the Florida Department of Environmental (FDEP), the Southwest Florida Water Management District (SWFWMD), Pinellas County and the Army Corps of Engineer. Response: The total 0.72 acres of wetlands proposed to be amended from Preservation (P) to Residential Medium (RM) is of poor quality and has already been approved to be filled without any mitigation from SWFWMD. The SWFWMD permit indicates the areas to be filled will not affect fish, wildlife and protected species and parts are upland drainage ditches. It is also noted that the site design provides for the upland buffer averaging the required 25 feet (some areas exceed and others areas are less than the required, but the average buffer width meets the required 25 feet). Therefore, the proposal is not inconsistent with this Goal, Objective and Policies. 2. The amendment is not inconsistent with other provisions of the comprehensive plan. Response: The total 0.72 acres of wetlands proposed to be amended from Preservation (P) to Residential Medium (RM) is of poor quality and has already been approved to be filled without any mitigation from SWFWMD. After review of the Comprehensive Plan and its Goals, Objectives and Policies, as enumerated above in Criterion 1 showing the proposal's consistency with the Plan, the proposed amendment is not inconsistent with any other provisions of the Comprehensive Plan. 3. The available uses, if applicable, to which the property may be put are appropriate to the property in question and compatible with existing and planned uses in the area. Response: The requested change to Residential Medium (RM) will permit the residential development at a density of 15 dwelling units per acre. The overall site is 12.55 acres in size and would permit a total of 188 dwelling units. While the request increases the allowable number of units by 14 dwelling units, the change will allow for an improved site plan without increasing the approved development of the property with a total of 86 townhome dwelling units in two phases. The requested amendment will be consistent with the existing Residential Medium (RM) land use of the majority of the site. Attached dwellings exist to the north across Montclair Road. Commercial uses exist across Belcher Road to the east. The proposal is compatible with these existing surrounding uses and with the developing character of the overall property. Therefore, this proposal is in compliance with this criterion. 4. Sufficient public facilities are available to serve the property. Response: The requested change to Residential Medium (RM) will permit the residential development at a density of 15 dwelling units per acre. The overall site is 12.55 acres in size and would permit a total of 188 dwelling units. While the request increases the allowable number of units by 14 dwelling units, the change will allow for an improved site plan without increasing the approved development of the property with a total of 86 townhome dwelling units in two phases. As the property is currently being developed with the first phase of development, and no additional units are proposed with the proposed amendment, there will be no increased demand for public facilities nor will it decrease the traffic capacity of Montclair Road, where such facilities are already sufficient to serve the property. Therefore, this proposal is in compliance with this criterion. 3 5. The amendment will not adversely affect the natural environment. Response: The total 0.72 acres of wetlands proposed to be amended from Preservation (P) to Residential Medium (RM) is of poor quality and has already been approved to be filled without any mitigation from SWFWMD. The SWFWMD permit indicates the areas to be filled will not affect fish, wildlife and protected species and parts are upland drainage ditches. It is also noted that the site design provides for the upland buffer averaging the required 25 feet (some areas exceed and others areas are less than the required, but the average buffer width meets the required 25 feet). Attached dwellings exist to the north across Montclair Road. Commercial uses exist across Belcher Road to the east. Therefore, this proposal is in compliance with this criterion. 6. The amendment will not adversely impact the use of property in the immediate area. Response: Attached dwellings exist to the north across Montclair Road. Commercial uses exist across Belcher Road to the east. The proposal is compatible with these existing surrounding uses. The proposed area requested to be amended is adjacent to other property under similar ownership being developed with a total of 86 attached dwelling units in two phases, with a land use designation of Residential Medium (RM). The proposed total 0.72 acres of wetlands requested to be amended from Preservation (P) to Residential Medium (RM) is adjacent to property designated Preservation (P) and is of poor quality already approved to be filled without any mitigation from SWFWMD. The SWFWMD permit indicates the areas to be filled will not affect fish, wildlife and protected species and parts are upland drainage ditches. Therefore, this proposal is in compliance with this criterion. 4 Site Plan Sheet CLO Rezoning and Land Use Amendment Page 5 of 8 Z:\2014 AutoCAD Projects\1433-Montclair Lake Estates -Gus DiGiovanni\Out\AII 2016 sent out\City Review\Out to City Rezoning & Land Use 11.10.2016\01d Landuse\Letter of Transmittal for Land Use 11.01.2016.docx Legal Desel /1 ^nl S.c � 6�1 pn}9SSou ange 16 Cas vm�Im, ca�nly.anormo� bel9q maxe pom<ploriv e�xerbea ex lono.e. C ommence It me Somh.esl <ome. of Ine Somn.exl 1/4 m ne .es t/4 of Section L. Te.pvhlp 19 South. Penne le x co�my r neo mama N00'1,•n-w, a1n9 I e ext Ine 0 Soulhwesl 1/4 of the Norlhwes: 1/4 0l Section 6 (being the Dmie of bearings for Thr' legal dee<tl Aion), for 134).52 teal to oN soia SOuIM1 a1i, 1/1 oN Ihn No` M10wes101/4 el SeclM1onf56: cl (ne,< 89'55'11'[, on9 e o n Id Seulnwesl 1/4 0l 1 11 weal 1/04 f Ei"'I" 6, same D Soul^ Rignl-el-wayM1 11 or Nonf<I Ir P..d (formerly SunaelPoinl1e ceo<nman Rood) o edmp l0 III- of counlY cemmix,ion u Beek 5, a91e 60, of l a ubec P --of PI -1.1 County, rIo ido. for 413.77 e o - PGINl Or BEGINNING: IM1enceN. <onlinue 6 . 9th -. 'I, Dong aoitl O.IM1 I'ce of the Soutnwesl 1/1 of Ine wax on/4 0l SeclionN6, zome being aoitl Sourn Right -o( -Way fcl0ir Read. 0 cordlnq I Boars of County COmmisslon nine Boo4 5, Deg< 60, cf r 600.28 leeh Ihence IM1e lollowinp Ihrae (3) c 1ong Inc Soulnerly Righ -0l-Way l^ol01r Road accornung01he011ici01 P.e<ordx Baok 609, pogo203' of thnlce .-" Recools the SI pioulM1.esColn'+, 0Ilar ieo; 11.Iesln trill of l5ecl� n 6. 500'27'4)'W, I. 16.Be a IOM1Ine pair., of 1 eneeion -oangenl Tee, u c.elrol g°.•I0 I-,. me Solely: (2) 1 nEaxl¢.ly long f ed I . ga 1101 Deaang 0NS9-27ha ui]10Noa_e -5e100e Nh. ngel: (1)lhceSWIG 31-E, I., e1l on°t o 92.56s1ee1; In ring a0'id Seulherly Right -of -Way line of -10.1, Rood accertl ne th, Official 4ec0cda gaol 1609, Page 203. Sl ..'WE, along ,he Soulnerly Ri9n1-7ol-Way li a of Non cloir Road eccorain6 he off orris Boo4 1711. pagan 1002, of Ine ublic Records o Pin Ii r eri o.al away lin loft I. Relcne. Rae (Coun�y Rootln „4^s Ine dingRiI. l -W Official°R,...I, Book 11609. page 203; t S -48'39"W. ala g sola Westerly RI9N-ol-way tine or Becher ePopn (Gaunt, Road e.)f 0 corning to 011iclal Recortls Boo4 x609, papa W03, ler 0819.}9 eel ne IOIlowing slv (6) course 0 ng Ine Ighl-of-WcV ll oft Belcher Road (County Roatls 91) o1ding le Ofllclal Records B 6312, - 178, o R -,ds of Pinel!- County, florid.; (1) 1M1 9e S39'16'If5'W, forblic 276.32 ( : (2) 1- S31'18'2S-. I . 81 11 f (3) I N55'I I'26ew, I., 2'.00 teal; (4) ,nen a S34'48'34CW. for 8000 f- (5) mence S55'I I'WE. far 27.00 feel: (6' mence 534'4814"w, ler 1}9.6} feel le Ilse pant of .n a ecao with rhe R19M11-of-way line o' Sunset P^e (Staten Road S- 5ee)Ya c c ording to spid 011,60 1 RecortlsBook 6312, pe 1478: ce S70'I6'12"w, .long -idNOrlherly Righ!-.1-Way 11- of 6un..1 Poin Dori (1-- eon 5-588) --ding 10 011iO.' Record Book 8312.Ip.1. 14 78, for 53.95 !ee. to M1e p nl el mlersecllor. Dh o y RI9n1-of Woyc l'me If ISansellYPeinoo <nRd (Stole R- I, -,, S �588)ring to OlGciol Recortls Boo4 8312. Doge 14711, 0!ong If zaid c e. Irom a I So0.OB'S6'E, n ging I }4,t 20 0 1 enl 1, angle9l 00'06'50 M1u 6>.8I I Dna a more D .Mg 5lo'9, lei 1 9,80 .un -ing es I. pNfnl a YnRighl_of^woYhli on9etnl 1-1 e0(SIo1a e 5-588) n ^ing le 011iciel R cods Boo4 B31)^pege 1178. N50'10'IB'E, le.c 35.77 fe N55-37 for 34.61 !e 44'39'02'[. !or 27)3h feel: In a N70'JB'^6`C, lar 35.22 l ee�clh ce 565'03'}7'[, for 17.00 feel;c Ihence N58'38'47'E, fo 21.2] feel; Ik 11'52'55'., fo 45.15 fee:; 1n a 555'1 1'27"E, r 2.61 lee N31.18'34"C, I 16 lee N55'I1'26-wt III 2).Do le n3N871"E. for°90.00 le Inen<e N0]'OS'00'W, for 36.68^ 1e 1 N25'31'10"W, fe feet: Ihence N34'S1'01'W, for 207,ti1-1: thence N 211-oS'W 9lo, 86.82 feel; thence N4T16'09'C, ler 110.01 leer; tnen<e NI5'2B'IS'E, lar 217.95 feel: Ihence NO3'I L'38'E, for 223.16 !eel: Ns 6'25'}2'W. lo• ,6.91 leaf: Fence N00'00'Go . for 109.72 POINT Or BEGINNING, LEGEND PROPERTYLINE ............................ WETLAND LINE ....................................... RF.70NE TO MHDR AMEND LAND USE TO RES. MED. EX. ZONING: P, PROPOSED: MHDR EX LAND USE: P, PROPOSED RES. MED. (SEE ATTACHED FOR LEGAL DESCRIPTION) AREA = 15, 625 S F. , 0.35 ACRES (SW -B) (SEE PARCEL 2 SKETCH & DESCRIPTION ATTACHED) _ PROPERTYLINE ZONING P CFL U : P,> EX WETLAND TO REMAIN (SR' -A) WETLAND f PROPERTYLINE ZONING: MHDR FLU: RM PROPERTYLINE EX OFF-SITE WETLAND TO REMAIN - 11'ETLAND TO BE IMPACTED . WETLAND LINE TO BE IMPACTED _ EX ZONING: P, PROPOSED. MHDR EX. LAND USE: P, PROPOSED RES. MED. (SEE ATTACHED FOR LEGAL DESCRIPTION) AREA = 15957 S.F. , 0.37 ACRES. (SW -C) (SEE PARCEL I SKETCH & DESCRIPTION ATTACHED) REZONE TO MI1DR AMEND FLU TO RM EX. ZONING: MHDR EX, LAND USE: RES. MED. PROPERTYLINE Jaz• ,.y.zae., BELCHER ROAD (COUNTYROAD 94) ZONING: C FLU: R/O/R so 0 2s so too SCALE 1" = so' J PINELLAS COUNTY 0 ZONING : RPD -7.5 FLU: RU ,5 l ♦gyp P4b9b E�'a�Ty'(,•/�'�t O C)A Pro ed 0 147------------3 Issue Date: COM6 ReYlPloU v: T II/20/ISS Cilr COM14EN'S i2 15 IS Cgr COUNEtITS 16 Cnr GONNCrI15 9 IE CDr COUNENTS �\ 0` 2E 165wM1a0 _ I '26'16 Sw6wuD 1 y � F M LN HBO Q 9 WW O lr3 W�� Y�1JL L)W PA oG g09 U LTJ lU" Z N Q ¢Q ONS ^d C-4 No1'[hside U o0 Sketch of Wetlands One (1) &Two (2) Page 6 of 8 z:\2oiaAutocADProject5\lass-Montclair Lake Estates -Gus DiGiovanni\Out\All 2016 sent out\City Review\Out to City Rezoning & Land Use 11.10.2016\01d Landuse\Letter of Transmittal for Land Use 11.01.2016.docx SKETCH & DESCRIPTI®N 1. BEARINGS ARE BASED ON THE NORTHERLY UNE OF THE SOUTHWEST 1/4 OF THE NORTHWEST 1/4 OF SECTION 6, TOWNSHIP 29 SOUTH, RANGE 16 EAST BEING N.89'55'57"E. 2. THERE MAY BE ADDITIONAL EASEMENTS, RESTRICTIONS, AND/OR MATTERS NOT SHOWN ON THIS SURVEY WHICH MAY BE FOUND IN THE PUBLIC RECORDS OF THIS COUNTY. 3. THIS SKETCH AND LEGAL DESCRIPTION IS NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. 4. THIS IS NOT A BOUNDARY SURVEY. SKETCH & LEGAL DESCRIPTION J SCALE I N/A I MAST LAND SURVEYING, INC. 111 FOREST LAKES BOULEVARD OLDSMAR, FLORIDA 34677 LB 4w BOUNDARY -TOPOGRAPHIC -CONSTRUCTION STAKEOUT PH: (813) 854-1342 SLSURVEYOTAMPABAY.RR.COM Ng B"E. SHEET 1 SURVEYOR'S CERTIFICAt,T ,.,i6F I hereby certify that the SURVEY 6;pid_� ,,l 2fA% prep led under my RESPONSIBLE CHARGE on the�'dai'�(s) shown,",and meets the STANDARDS OF PRACTICE4set -forth by the FLORIDA'• BOARD OF PROFESSIONAL SURVEYORSeAND M/p�epR ,in Chapter 5J-17, FLORIDA ADMINISTRATIVECOD pursuaYilr toection • tf zz 472.027, FLORIDA STATUTES. r�`�,',� � '� t� •alt � •iSE�IL) 4',' /"� xv •'t,i�aD-iii KELLY 0. MCCLUNG PROFESSIONAL SURVEYOR and MAPPER j,4032 ur LINE B. L-1 SAE L-2 S. 0" L-3 S.1: L-4 S.BE L-8 S.31 L-9 S. 2C L-10 S.51 L-11 S.3: L-12 S.14 L-13 S. O5 L-14 S.12 L-15 j S.4� L-16 N.8C L-17 N.01 L-18 N.OE L-19 N15 L-20 S.2; L-21 S. 4Z L-22 S. 4E L-23 N.04 L-24 NAE SKETCH & DESCRIPTI®N 1. BEARINGS ARE BASED ON THE NORTHERLY UNE OF THE SOUTHWEST 1/4 OF THE NORTHWEST 1/4 OF SECTION 6, TOWNSHIP 29 SOUTH, RANGE 16 EAST BEING N.89'55'57"E. 2. THERE MAY BE ADDITIONAL EASEMENTS, RESTRICTIONS, AND/OR MATTERS NOT SHOWN ON THIS SURVEY WHICH MAY BE FOUND IN THE PUBLIC RECORDS OF THIS COUNTY. 3. THIS SKETCH AND LEGAL DESCRIPTION IS NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. 4. THIS IS NOT A BOUNDARY SURVEY. SKETCH & LEGAL DESCRIPTION J SCALE I N/A I MAST LAND SURVEYING, INC. 111 FOREST LAKES BOULEVARD OLDSMAR, FLORIDA 34677 LB 4w BOUNDARY -TOPOGRAPHIC -CONSTRUCTION STAKEOUT PH: (813) 854-1342 SLSURVEYOTAMPABAY.RR.COM Ng B"E. SHEET 1 SURVEYOR'S CERTIFICAt,T ,.,i6F I hereby certify that the SURVEY 6;pid_� ,,l 2fA% prep led under my RESPONSIBLE CHARGE on the�'dai'�(s) shown,",and meets the STANDARDS OF PRACTICE4set -forth by the FLORIDA'• BOARD OF PROFESSIONAL SURVEYORSeAND M/p�epR ,in Chapter 5J-17, FLORIDA ADMINISTRATIVECOD pursuaYilr toection • tf zz 472.027, FLORIDA STATUTES. r�`�,',� � '� t� •alt � •iSE�IL) 4',' /"� xv •'t,i�aD-iii KELLY 0. MCCLUNG PROFESSIONAL SURVEYOR and MAPPER j,4032 SKETCH & DESCRIPTI®N DESCRIPTION FOR PARCEL 2 Commence at the Northwest corner of the Southwest 1/4 of the Northwest 1/4 of Section 6, Township 29 South, Range 16 East; thence N.89`55'57"E., for 413.73 feet; thence S.00°03'30"W., for 109.74 feet; thence S.16°29'05"E., for 46.95 feet; thence S.03°17'47"W., for 223.24 feet; thence S.15°25'31 "W., for 8.21 feet; thence S.88`06'30"E., for 7.83 feet; thence S.25°04'30"E., for 4.89 feet to the Point of Beginning; thence continue S.25°04'30"E., for 36.22 feet; thence S.10°19'51 "E., for 21.80 feet; thence S.31 "44'02"W., for 38.92 feet; thence S.02"21'38"E., for 48.07 feet; thence S.20`45'55"E., for 18.59 feet; thence S.51 °32'24"E., for 14.78 feet; thence S.35`54'45"E., for 34.83 feet; thence S.14`52'00"E., for 27.95 feet; thence S.14`27'27"E., for 50.79 feet; thence S.05°10'32"E., for 68.51 feet; thence S.09°09'22"E., for 29.85 feet; thence S.12°00'31 "W., for 32.97 feet; thence S.49°41'39"W., for 19.35 feet; thence N.80°24'49"W., for 22.76 feet; thence N.15`41'52"W., for 45.76 feet; thence N.09`24'29"W., for 48.57 feet; thence N.01'54'27"W., for 34.85 feet; thence N.06°22'21 "W., for 39.19 feet; thence N.15°43'04"W., for 43.56 feet; thence S.27°37'11 "W., for 25.75 feet; thence S.43°33'47"W., for 12.41 feet; thence S.46°47'14"W., for 6.14 feet; thence N.04°59'55"W., for 4.77 feet; thence N.12°56'15"E., for 149.87 feet; thence N.18'43'14"E., for 8.50 feet; thence N.00°29'53"W., for 74.49 feet to the Point of Beginning. Containing 0.35 acres, more or less. SHEET 2 SKETCH & LEGAL DESCRIPTION KKIV ICOAST LAND SURVEYING, IWC. DATEVN 10-11: 111 FOREST LAKES BOULEVARD CHECKED/QC I KOIV OLDSMAR, FLORIDA 34677 1 CI 1 n f'MmA/ I KIIA LB4= BOUNDARY -TOPOGRAPHIC -CONSTRUCTION STAKEOUT gK. / PG.N/A PH: (813) 854-1342 SLSURVEYOTAMPABAY.RR.,,- SURVEY DATE I N/A SKETCH & DESCRIPTION 1. BEARINGS ARE BASED ON THE NORTHERLY UNE OF THE SOUTHWEST 1/4 OF THE NORTHWEST 1/4 OF SECTION 5, TOWNSHIP 29 SOUTH. RANGE 16 EAST BEING N.89.55'57'E. SHEET 1 2. THERE MAY BE ADDITIONAL EASEMENTS, RESTRICTIONS, AND/OR MATTERS NOT SHOWN ON THIS SURVEY WHICH MAY BE FOUND IN THE PUBLIC RECORDS OF THIS COUNTY. 3. THIS SKETCH AND LEGAL DESCRIPTION IS NOT VAUD WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER, 4. THIS IS NOT A BOUNDARY SURVEY, C Mn Q a: NO. DATE DESCRIPTION BY SURVEYOR'S CERTIFICATE ETCH &LEGAL ESCRIPTION 6PRENO. 15001.01 # 15001.01-1-1 N1A �t r �+t �t� SUR* -yK �DRAWN JJB111 FOREST LAKES BOULEVARD DATE6-30-16OLLIWAR, FLORIDA 34677 CHECKED/QC KOMc� BOUNDARY-TOPOGRAPHIC-CONSTRUCTIONSTMEOUTFIELD CREWL.B QS%i SK. / PG. N!A PH: (813j 854-1342 S$(rIRVEIOTAk!'ABAYRRCDrli SURVEY DATENIA I hereby certify that the SURVEY depicted hereon-Iroa prepared E CHARGE an the du to) ehnwn, end meets theS OF PRAGITCE `sett by the FLORIDA under myOADMINISTRATIVE BOARD OFNAL SURVEYORS TWD PPERS in Chapter 5J-17, FLISTRATIVE CODE-purau t to Seatton 472027, TUTES.UMAST'LAND JOHN J. OAiE PROFESSIONAgl�d NAPPER �7iX14 SKETCH & DESCRIPTION Commence at the Northwest corner of the Southwest 1/4 of the Northwest 1/4 of Section 6, Township 29 South, Range 16 East; thence N.89'55'57"E., for 413.73 feet; thence S.00'03'30"W., for 75.55 feet to the Point of Beginning; thence S.70"02'49"E., for 6.96 feet; thence S.62'17'32"E., for 21.53 feet; thence N.44*14'46"E., for 19.35 feet; thence S.61'15'18"E., for 18.69 feet; thence S.14'44'56"E., for 33.15 feet; thence S.06'12'26"E., for 31.91 feet; thence S. 1 7'09'40"E., for 40.40 feet; thence S.04*06'01"W., for 53.01 feet; thence S.21'24'37"E., for 51.42 feet; thence S.33'29'26"E., for 34.23 feet; thence 5.68'02'38"W., for 26.83 feet; thence S.32"52'44"W., for 12.93 feet; thence S. 49'10'06"E., for 27.53 feet; thence N.89'27'29"W., for 35.95 feet; thence N.50'15'05"W., for 55.39 feet; thence N.03'18'08"E., for 48.26 feet; thence N.17'37'36"E., for 46.40 feet; thence N.16'05'22"W., for 35.00 feet; thence N.18'24'52"W., for 35.27 feet; thence N.24*16'02"W., for 17.18 feet; thence N.18'04'04"W., for 39.98 feet; thence N.58'27'19"W., for 53.27 feet; thence N.08'42'15"W., for 19.76 feet; thence S.67'55'15"E., for 18.01 feet; thence S.70'02'49"E., for 33.63 feet to the Point of Beginning. Containing 0.37 acres, more. or less. SKETCH & LEGAL DESCRIPTION �Sff =AST tom? SUR'VEl'K IVC. -----------7 111 FOREST LAKES BOULEVARD OLDSMAR, FLORIDA 34677 LB 4ww BOUNDARY • TOPOGRAPHIC -CONSTRUCTION STAKEOUT PH: (813) 854-1342 ISURYNTAMPABATRR.CON. SHEET 2 Armstrong Environmental Report Page 7 of 8 Z:\2014 AutoCAD Projects\1433-Montclair Lake Estates -Gus DiGiovanni\Out\All 2016 sent out\City Review\Out to City Rezoning & Land Use 11.10.2016\01d Landuse\Letter of Transmittal for Land Use 11.01.2016.docx ARMSTRONG ENVIRONMENTAL SERVICES, INC. P.O. Box 518 Safety Harbor, Florida 34695 (727) 726-8896 (FAX) 726-8790 November 10, 2016 Housh Ghovaee, President Northside Engineering Inc. 300 South Belcher Road Clearwater, FL 33765 RE: Revised Environmental Narrative for Montclair Lake Estates, Clearwater, FL Dear Mr. Ghovaee: Attached is the Revised Environmental Narrative for submittal to modify the SWFWMD Environmental Resource Permit (ERP) for the above-mentioned 12+ acre site located at the southwest corner of North Belcher Road and Montclair Road in Clearwater, Florida. Please review the enclosed reports and if you have any questions, please feel free to call. Sincerely, Martin S. Armstrong, Ph.D. President Enclosures cc: Agostino DiGiovanni, DiGiovanni Homes AES File 590-001 PF (CAreports\0590-001-r02a) 1 Armstrong Environmental Services, Inc. Environmental Narrative Montclair Lake Estates 2251 Montclair Road Revised November 10, 2016 INTRODUCTION Armstrong Environmental Services, Inc. (AES) has conducted a protected species survey of a 12 + acre portion of Folio 06-29-16-00000-230-0200, identified as Montclair Lake Estates located at 2251 Montclair Road, in Clearwater, Pinellas County, Florida. SOILS The site has three soil associations, including the open water category, as identified in the Pinellas County Soil Survey (see attached soils map from Natural Resource Conservation Service): Myakka soils and urban land (#17): This soil association was formerly known as Myakka fine sand (My) in the 1972 Pinellas County Soil Survey. Identified as a nearly level, poorly drained soil on broad flats between sloughs and swamps, the water table is normally at a depth of 10 to 30 inches; it rises to the surface for a short time during wet periods and falls below 30 inches during extended dry periods. Tavares soils and Urban land, 0 to 5 percent slopes (#29): This soil association was formerly known as Astatula fine sand, moderately deep water table (As) in the 1972 Pinellas County Soil Survey. Identified as a nearly level to gently sloping sandy sol on low ridges and isolated knolls, this soil has a water table at a depth of 40 to 60 inches for more than 6 months most years; rises above 40 inches for a short time during wet periods and falls below 60 inches during extended dry periods. Water (#99): Inundated open water areas. These areas have a permanent pool year round. The primary open water area is Beckett Lake. The other open water areas on the site were excavated from the Myakka soils (man-made surface waters) from before 1951 to 1965, as evidenced from historical aerial photography. EXISTING CONDITIONS — HABITAT AND VEGETATION This site was put into citrus production prior to 1951. Sometime between 1965 and 1967, the western portion of the site was converted to an ornamental horticultural plant nursery. This nursery was recently abandoned and the plants and surface irrigation system has been removed from the site over the past year. Please refer to the attached Habitat - FLUCCS Map for the location of the following land uses identified according to the Florida Land Use Cover Classification System (FLUCCS). FLUCCS 240 — Nurseries and Vineyards: This category is composed of nurseries, floricultural areas and seed -and -sod areas used perennially and generally not rotated with other uses. The sparse overstory of the Nursery is primarily located on the periphery and includes a few live oak (Quercus virginiana), laurel oak (Quercus laurifolia), slash pine (Pinus elliottii), cabbage palm (Sabal palmetto), sweetgum (Liquidambar styraciflua), and a huge yew plum vine (Podocarpus macrophyllus) hedge along Belcher and Montclair Roads. The areas surrounding the FLUCCS 641 (herbaceous marsh) areas are dominated by Senegal Date Palms (Phoenix reclinata), with a few loblolly bay (Gordonia lasianthus), southern magnolia (Magnolia grandiflora), Australian umbrella tree (Schefflera actinophylla), and other exotic cultivars. The understory is dominated by bahia grass (Paspalum notatum), common bermuda (Cynodon dactylon), beggartick (Bidens (CAreports\0590-00 1 -r02a) 2 Armstrong Environmental Services, Inc. • alba), frogfruit (Lippia nodiflora), dogfennel (Eupatorium capillifolium), broomsedge (Andropogon sp.), smutgrass (Panicum sp.), dayflower (Commelina diffusa), American black nightshade (Solanum americanum), creeping oxeye (Wedelia trilobata), mexican petunia (Reullia sp.), carpetgrass (Axonopus sp.) and various sedges (Cyperus sp.). The ground cloth was recently removed and invader species have begun to become established throughout the uplands. FLUCCS 524 — Lakes less than 10 acres: The edge of Beckett Lake and an isolated man-made waterbody on the north side of the project are the two open -water areas found on the site. The dominant vegetation in these areas are typically floating -leaved aquatics such as water hyacinth (Eicchornia crassipes), duckweed (Lemna minor), water fern (Azolla caroliniana), and water spangles (Salvinia minima). Some littoral vegetation such as alligatorweed (Alternanthera philoxeroides), primrose willow (Ludwigia peruviana), cattail (Typha latifolia), and torpedo grass (Panicum repens) maybe present in sparse coverage. FLUCCS 641 — Herbaceous Marsh: Two areas of this FLUCCS code are found on the site; the northern area is basically a drainage area that has been surrounded by Phoenix reclinata with an understory of American evergreen (Syngonium podophyllum), water pennywort (Hydrocotyle umbellata), St. Augustine grass (Stenotaphrum secundatum), nightshade, and elderberry (Sambuscus canadensis). PROTECTED SPECIES SURVEY: AES conducted pedestrian transects throughout the site to determine the presence or potential presence of State and Federally Listed Species (endangered, threatened and/or species of special concern) such as the bald eagle, Sherman fox squirrel, scrub jay, blue indigo, gopher tortoise, scrub jay, listed wading bird species and/or bird rookeries and the southeastern American Kestrel. AES referred to the FWC's "Florida's Endangered and Threatened Species" publication (updated January 2013). Please note that no protected species were observed on the site during the field work which was conducted in March and May of 2015. AES consulted the Florida Fish and Wildlife Conservation Commission (FWC) Waterbird Locator, Bald Eagle Locator, and the Florida Natural Areas Inventory (FNAI) Biodiversity Matrix. The FWC Bald Eagle Locator indicated nine (9) Bald Eagle Nests have been identified within a 5 - mile radius of the site, identified with a blue marker on the map below. The nearest bald eagle nest, PI 020, is located 2.14 miles northwest of the subject site. Therefore, we can conclude that development of the subject site will not have any impact on any of this bald eagle nests primarily due to the distance to the site. No waterbird colonies have been documented on the site from FWC; the closest waterbird colony is located on Alligator Lake, 2.75 miles southeast of the site. The FNAI Biodiversity Matrix did not identify any known protected species occurrences on or adjacent to this site. Please note that no protected species (endangered, threatened or species of special concern) as listed by the US Fish and Wildlife Service (USFWS) and the Florida Fish and Wildlife Conservation Commission (FWC) were observed on the property during the field work, nor do we anticipate any protected species utilization of the habitats on the site due to the previous impacts to this site. RECOMMENDATIONS: The proposed site plan indicates the entire upland community of the property will be developed as a multi -family residential development. The lack of any protected species utilization on the site indicates there will be no impacts to protected species with the proposed development. PROPOSED WETLAND IMPACTS (C:\reports\0590-001-r02a) 3 Armstrong Environmental Services, Inc. The proposed wetland impacts consist of the following (see plans for area identification). Wetland Impact 1 (SW -B, 0.35 acres of fill proposed): Fill the existing upland -cut, isolated, surface water. FLUCCS 524: open water. No mitigation required. Wetland Impact 2 (SW -C, 0.37 acres of fill proposed): Fill the existing isolated surface water: FLUCCS 641: herbaceous. Exempt, No mitigation required. Please note that 0.03 acres of this wetland are located off-site; allowing this area to remain after the construction would not allow adequate habitat to remain for wetland dependant species, but rather provide a breeding hole for mosquitoes. TOTAL WETLAND IMPACT: 0.72 acres of surface waters. (C:\reports\0590-001-r02a) 4 Armstrong Environmental Services, Inc. TABLE ONE: PROJECT WETLAND AND OTHER SURFACE WATER SUMMARY: Montclair Lake Estates, S -T -R 06 -29S -1.6E, Pinellas County WL & SW WL & WL & WL & SW TEMPORARY WL & SW PERMANENT WL & SW MITIGATION ID SW SW SIZE NOT IMPACTS IMPACTS AREA ID TYPE Im acted WL & SW IMPACT IMPACT WL & SW IMPACT IMPACT TYPE SIZE TYPE TYPE SIZE TYPE SW -A 524 0.23 ac. 0.23 ac. SW -B* 524 & 641 0.61 ac. 0.26 ac. 524 0.35 ac. Fill Exempt SW -C* 641 0.37 ac.** 0.00 ac. 641 0.37 ac. Fill Exempt PROJECT TOTALS 1.21 ac. 0.49 ac. 0.72 ac. WL = Wetland, SW = Other Surface Water, ID = Identification number, letter, etc., * = Exempt Wetland Wetland Type: from the Florida Land Use and Cover Classification System (FLUCCS): 510 = Streams; 617 = Mixed Forested Wetlands; 621 = Cypress Wetlands; 631 = Wetland Scrub; 641 = Freshwater Marshes Impact Type: D=Dredge; F = Fill; H = change hydrology; S = shading; C = clearing; O = other ** = includes 0.03 ac of isolated wetland offsite. SW -A SW -B — Wetland Impact 1 - SW -C — Wetland Impact 2 - Survey Parcel 2 Survey Parcel 1 (C:\reports\0590-001-r02a) 5 Armstrong Environmental Services, Inc. S WF WMD Permit Approval and Amendment Page 8of8 z:\zolaAutocADProiects\lass-Montclair Lake Estates -Gus DiGiovanni\Out\All 2016 sent out\City Review\Out to City Rezoning & Land Use 11.10.2016\01d Landuse\Letter of Transmittal for Land Use 11.01.2016.docx November 01, 2016 Montclair Lake Townhomes, LLC Attn: Agostino (Gus) DiGiovanni 175 Bayside Drive Clearwater, FL 33767 Subject: Notice of Intended Agency Action - Approval ERP Minor Modification Project Name: Southwest Florida 2379 Broad Street, Brooksville, Florida 34604-6899 6 f mater Management (352) 796-7211 or 1-800-423-1476 (FL only) District Letter Received: October 27, 2016 SUNCOM 628-4150 TDD only 1-800-231-6103 (FL only) o �N'9GrMEN� Sec/Twp/Rge: On the Internet at, WaterMatters.org Bartow Service Office Sarasota Service Office Tampa Service Office An Equal 170 Century Boulevard 6750 Fruitville Road 7601 Highway 301 North Opportunity Bartow, Florida 33830-7700 Sarasota, Florida 34240-9711 Tampa, Florida 33637-6759 Employer (863) 534-1448 or (941) 377-3722 or (813) 985-7481 or 1-800-492-7862 (FL only) 1-800-320-3503 (FL only) 1-800-836-0797 (FL only) November 01, 2016 Montclair Lake Townhomes, LLC Attn: Agostino (Gus) DiGiovanni 175 Bayside Drive Clearwater, FL 33767 Subject: Notice of Intended Agency Action - Approval ERP Minor Modification Project Name: Montclair Lakes Estates App ID/Permit No: 736457 / 43034349.003 County: Pinellas Letter Received: October 27, 2016 Expiration Date: November 01, 2021 Sec/Twp/Rge: S06/T29S/R16E Dear Permittee(s): The Southwest Florida Water Management District (District) has completed its review of the application for Environmental Resource Permit modification. Based upon a review of the information you have submitted, the District hereby gives notice of its intended approval of the application. The File of Record associated with this application can be viewed at htti)://wwwl8.swfwmd.state.fl.us/erp/erp/search/ERPSearch.aspx and is also available for inspection Monday through Friday, except for District holidays, from 8:00 a.m. through 5:00 p.m. at the District's Tampa Service Office, 7601 U.S. Highway 301 North, Tampa, Florida 33637. If you have any questions or concerns regarding the application or any other information, please contact the Environmental Resource Permit Bureau in the Tampa Service Office. Sincerely, David Kramer, P.E. Manager Environmental Resource Permit Bureau Regulation Division cc: Donald Fairbairn, P.E., Northside Engineering, Inc. s Southwest 2379 Broad Street, Brooksville, Florida 34604-6899 Florida id �.JV L t, Water Management Gi 1 (352) 796-7211 or 1-800-423-1476 (FL only) District SUNCOM 628-4150 TDD only 1-800-231-6103 (FL only) On the Internet at: WaterMatters.org Bartow Service Office Sarasota Service Office Tampa Service Office An Equal 170 Century Boulevard 6750 Fruitville Road 7601 Highway 301 North Opportunity Bartow, Florida 33830-7700 Sarasota, Florida 34240-9711 Tampa, Florida 33637-6759 Employer (863) 534-1448 or (941) 377-3722 or (813) 985-7481 or 1-800-492-7862 (FL only) 1-800-320-3503 (FL only) 1-800-836-0797 (FL only) November 01, 2016 Montclair Lake Townhomes, LLC Attn: Agostino (Gus) DiGiovanni 175 Bayside Drive Clearwater, FL 33767 Subject: Notice of Agency Action - Approval ERP Minor Modification Project Name: Montclair Lakes Estates App ID/Permit No: 736457 / 43034349.003 County: Pinellas Letter Received: October 27, 2016 Expiration Date: November 01, 2021 Sec/Twp/Rge: S06/T29S/R16E Dear Permittee(s): The Southwest Florida Water Management District (District) is in receipt of your application for the Environmental Resource Permit modification. Based upon a review of the information you submitted, the application is approved. This modification to Permit No. 43034349.002 authorizes the following: 1. The addition of 0.12 acre of impact within Wetland #1. The additional impact authorized by this modification will not require mitigation pursuant to pursuant to Subsection 10.2.2.2 of the Applicants Handbook Volume I (A.H.V.I.) for Environmental Resource Permit Applications. Under this Subsection, wetland mitigation is not required for impacts to drainage ditches that were constructed in uplands and do not provide significant habitat for threatened or endangered species and were not constructed to divert natural stream flow. 2. The Engineer -of -Record has demonstrated that there will be no floodplain impacts due to the proposed surface water impacts. The stormwater conveyance will be maintained in the proposed conditions. 3. All other terms and conditions of Construction Permit No. 43034349.002, dated June 20, 2016, and entitled Montclair Lakes Estates apply. Please refer to the attached Notice of Rights to determine any legal rights you may have concerning the District's agency action on the permit application described in this letter. If approved construction plans are part of the permit, construction must be in accordance with these plans. These drawings are available for viewing or downloading through the District's Application and Permit Search Tools located at www.WaterMatters.org/permits. App ID/Permit No:736457 / 43034349.003 Page 2 November 01, 2016 The District's action in this matter only becomes closed to future legal challenges from members of the public if such persons have been properly notified of the District's action and no person objects to the District's action within the prescribed period of time following the notification. The District does not publish notices of agency action. If you wish to limit the time within which a person who does not receive actual written notice from the District may request an administrative hearing regarding this action, you are strongly encouraged to publish, at your own expense, a notice of agency action in the legal advertisement section of a newspaper of general circulation in the county or counties where the activity will occur. Publishing notice of agency action will close the window for filing a petition for hearing. Legal requirements and instructions for publishing notices of agency action, as well as a noticing form that can be used, are available from the District's website at www.WaterMatters.org/permits/noticing. If you publish notice of agency action, a copy of the affidavit of publication provided by the newspaper should be sent to the District's Tampa Service Office for retention in this permit's File of Record. If you have any questions or concerns regarding your permit or any other information, please contact the Environmental Resource Permit Bureau in the Tampa Service Office. Sincerely, David Kramer, P.E. Manager Environmental Resource Permit Bureau Regulation Division Enclosures: Notice of Rights cc: Donald Fairbairn, P.E., Northside Engineering, Inc. Notice of Rights ADMINISTRATIVE HEARING You or any person whose substantial interests are or may be affected by the District's intended or proposed action may request an administrative hearing on that action by filing a written petition in accordance with Sections 120.569 and 120.57, Florida Statutes (F.S.), Uniform Rules of Procedure Chapter 28-106, Florida Administrative Code (F.A.C.) and District Rule 40D-1.1010, F.A.C. Unless otherwise provided bylaw, a petition for administrative hearing must be filed with (received by) the District within 21 days of receipt of written notice of agency action. "Written notice" means either actual written notice, or newspaper publication of notice, that the District has taken or intends to take agency action. "Receipt of written notice" is deemed to be the fifth day after the date on which actual notice is deposited in the United States mail, if notice is mailed to you, or the date that actual notice is issued, if sent to you by electronic mail or delivered to you, or the date that notice is published in a newspaper, for those persons to whom the District does not provide actual notice. 2. Pursuant to Subsection 373.427(2)(c), F.S., for notices of intended or proposed agency action on a consolidated application for an environmental resource permit and use of state-owned submerged lands concurrently reviewed by the District, a petition for administrative hearing must be filed with (received by) the District within 14 days of receipt of written notice. 3. Pursuant to Rule 62-532.430, F.A.C., for notices of intent to deny a well construction permit, a petition for administrative hearing must be filed with (received by) the District within 30 days of receipt of written notice of intent to deny. 4. Any person who receives written notice of an agency decision and who fails to file a written request for a hearing within 21 days of receipt or other period as required by law waives the right to request a hearing on such matters. 5. Mediation pursuant to Section 120.573, F.S., to settle an administrative dispute regarding District intended or proposed action is not available prior to the filing of a petition for hearing. 6. A request or petition for administrative hearing must comply with the requirements set forth in Chapter 28-106, F.A.C. A request or petition for a hearing must: (1) explain how the substantial interests of each person requesting the hearing will be affected by the District's intended action or proposed action, (2) state all material facts disputed by the person requesting the hearing or state that there are no material facts in dispute, and (3) otherwise comply with Rules 28-106.201 and 28-106.301, F.A.C. Chapter 28-106, F.A.C. can be viewed at www.flrules.org or at the District's website at www.WaterMatters.org/permits/rules. 7. A petition for administrative hearing is deemed filed upon receipt of the complete petition by the District Agency Clerk at the District's Tampa Service Office during normal business hours, which are 8:00 a.m. to 5:00 p.m., Monday through Friday, excluding District holidays. Filings with the District Agency Clerk may be made by mail, hand -delivery or facsimile transfer (fax). The District does not accept petitions for administrative hearing by electronic mail. Mailed filings must be addressed to, and hand -delivered filings must be delivered to, the Agency Clerk, Southwest Florida Water Management District, 7601 Highway 301 North,Tampa,FL 33637-6759. Faxed filings must be transmitted to the District Agency Clerk at (813) 367-9776. Any petition not received during normal business hours shall be filed as of 8:00 a.m. on the next business day. The District's acceptance of faxed petitions for filing is subject to certain conditions set forth in the District's Statement of Agency Organization and Operation, available for viewing at www.WaterMatters.org/about. JUDICIAL REVIEW Pursuant to Sections 120.60(3) and 120.68, F.S., a party who is adversely affected by District action may seek judicial review of the District's action. Judicial review shall be sought in the Fifth District Court of Appeal or in the appellate district where a party resides or as otherwise provided by law. 2. All proceedings shall be instituted by filing an original notice of appeal with the District Agency Clerk within 30 days after the rendition of the order being appealed, and a copy of the notice of appeal, accompanied by any filing fees prescribed by law, with the clerk of the court, in accordance with Rules 9. 110 and 9.190 of the Florida Rules of Appellate Procedure (Fla. R. App. P.). Pursuant to Fla. R. App. P. 9.020(h), an order is rendered when a signed written order is filed with the clerk of the lower tribunal. s P Southwest Florida 2379 Broad Street, Brooksville, Florida 34604-6899 Water Ma�Lagement District(352) 796-7211 or 1-800-423-1476 (FL only) SUNCOM 628-4150 TDD 1-800-231-6103 (FL only) only '9�'9CGMENC On the Internet at: WaterMatters.org Bartow Service Office Sarasota Service Office Tampa Service Office An Equal 170 Century Boulevard 6750 Fruitville Road 7601 Highway 301 North Opportunity Bartow, Florida 33830-7700 Sarasota, Florida 34240-9711 Tampa, Florida 33637-6759 Employer (863) 534-1448 or (941) 377-3722 or (813) 985-7481 or 1-800-492-7862 (FL only) 1-800-320-3503 (FL only) 1-800-836-0797 (FL only) June 20, 2016 Montclair Lake Townhomes, LLC Attn: Agostino (Gus) DiGiovanni 175 Bayside Drive Clearwater, FL 33767 Subject: Notice of Intended Agency Action - Approval ERP Individual Construction Project Name: Montclair Lakes Estates App ID/Permit No: 721316 / 43034349.002 County: PINELLAS Sec/Twp/Rge: S06/T29S/R16E Dear Permittee(s): The Southwest Florida Water Management District (District) has completed its review of the application for Environmental Resource Permit. Based upon a review of the information you have submitted, the District hereby gives notice of its intended approval of the application. The File of Record associated with this application can be viewed at http://wwwl8.swfwmd.state.fl.us/erp/erp/search/ERPSearch.aspx and is also available for inspection Monday through Friday, except for District holidays, from 8:00 a.m. through 5:00 p.m. at the District's Tampa Service Office, 7601 U.S. Highway 301 North, Tampa, Florida 33637. If you have any questions or concerns regarding the application or any other information, please contact the Environmental Resource Permit Bureau in the Tampa Service Office. Sincerely, Michelle K. Hopkins, P.E. Bureau Chief Environmental Resource Permit Bureau Regulation Division cc: U. S. Army Corps of Engineers DiGiovanni Homes Donald Fairbairn, P.E., Northside Engineering, Inc. Housh Ghovaee June 20, 2016 Montclair Lake Townhomes, LLC Attn: Agostino (Gus) DiGiovanni 175 Bayside Drive Clearwater, FL 33767 Subject: Notice of Agency Action - Approval ERP Individual Construction Project Name: Montclair Lakes Estates App ID/Permit No: 721316 / 43034349.002 County: PINELLAS Sec/Twp/Rge: S06/T29S/R16E Dear Permittee(s): The Southwest Florida Water Management District (District) is in receipt of your application for the Environmental Resource Permit. Based upon a review of the information you submitted, the application is approved. Please refer to the attached Notice of Rights to determine any legal rights you may have concerning the District's agency action on the permit application described in this letter. If approved construction plans are part of the permit, construction must be in accordance with these plans. These drawings are available for viewing or downloading through the District's Application and Permit Search Tools located at www.WaterMatters.org/permits. The District's action in this matter only becomes closed to future legal challenges from members of the public if such persons have been properly notified of the District's action and no person objects to the District's action within the prescribed period of time following the notification. The District does not publish notices of agency action. If you wish to limit the time within which a person who does not receive actual written notice from the District may request an administrative hearing regarding this action, you are strongly encouraged to publish, at your own expense, a notice of agency action in the legal advertisement section of a newspaper of general circulation in the county or counties where the activity will occur. Publishing notice of agency action will close the window for filing a petition for hearing. Legal requirements and instructions for publishing notices of agency action, as well as a noticing form that can be used, are available from the District's website at www.WaterMatters.org/permits/noticing. If you publish notice of agency action, a copy of the affidavit of publication provided by the newspaper should be sent to the District's Tampa Service Office for retention in this permit's File of Record. Southwest Florida 2379 Broad Street, Brooksville, Florida 34604-6899 (352) 796-7211 or 1-800-423-1476 (FL only) Water Management District SUNCOM 628-4150 TDD only 1-800-231-6103 (FL only) �y ave On the Internet at: WaterMatters.org Bartow Service Office Sarasota Service Office Tampa Service Office An Equal 170 Century Boulevard 6750 Fruitville Road 7601 Highway 301 North Opportunity Bartow, Florida 33830-7700 Sarasota, Florida 34240-9711 Tampa, Florida 33637-6759 Employer (863) 534-1448 or (941) 377-3722 or (813) 985-7481 or 1-800-492-7862 (FL only) 1-800-320-3503 (FL only) 1-800-836-0797 (FL only) June 20, 2016 Montclair Lake Townhomes, LLC Attn: Agostino (Gus) DiGiovanni 175 Bayside Drive Clearwater, FL 33767 Subject: Notice of Agency Action - Approval ERP Individual Construction Project Name: Montclair Lakes Estates App ID/Permit No: 721316 / 43034349.002 County: PINELLAS Sec/Twp/Rge: S06/T29S/R16E Dear Permittee(s): The Southwest Florida Water Management District (District) is in receipt of your application for the Environmental Resource Permit. Based upon a review of the information you submitted, the application is approved. Please refer to the attached Notice of Rights to determine any legal rights you may have concerning the District's agency action on the permit application described in this letter. If approved construction plans are part of the permit, construction must be in accordance with these plans. These drawings are available for viewing or downloading through the District's Application and Permit Search Tools located at www.WaterMatters.org/permits. The District's action in this matter only becomes closed to future legal challenges from members of the public if such persons have been properly notified of the District's action and no person objects to the District's action within the prescribed period of time following the notification. The District does not publish notices of agency action. If you wish to limit the time within which a person who does not receive actual written notice from the District may request an administrative hearing regarding this action, you are strongly encouraged to publish, at your own expense, a notice of agency action in the legal advertisement section of a newspaper of general circulation in the county or counties where the activity will occur. Publishing notice of agency action will close the window for filing a petition for hearing. Legal requirements and instructions for publishing notices of agency action, as well as a noticing form that can be used, are available from the District's website at www.WaterMatters.org/permits/noticing. If you publish notice of agency action, a copy of the affidavit of publication provided by the newspaper should be sent to the District's Tampa Service Office for retention in this permit's File of Record. App ID/Permit No:721316 / 43034349.002 Page 2 June 20, 2016 If you have any questions or concerns regarding your permit or any other information, please contact the Environmental Resource Permit Bureau in the Tampa Service Office. Sincerely, Michelle K. Hopkins, P.E. Bureau Chief Environmental Resource Permit Bureau Regulation Division Enclosures: Approved Permit w/Conditions Attached As -Built Certification and Request for Conversion to Operation Phase Notice of Authorization to Commence Construction Notice of Rights cc: U. S. Army Corps of Engineers DiGiovanni Homes Donald Fairbairn, P.E., Northside Engineering, Inc. Housh Ghovaee SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT ENVIRONMENTAL RESOURCE INDIVIDUAL CONSTRUCTION PERMIT NO. 43034349.002 EXPIRATION DATE: June 20, 2021 PERMIT ISSUE DATE: June 20, 2016 This permit is issued under the provisions of Chapter 373, Florida Statutes, (F.S.), and the Rules contained in Chapter 62-330, Florida Administrative Code, (F.A.C.). The permit authorizes the Permittee to proceed with the construction of a surface water management system in accordance with the information outlined herein and shown by the application, approved drawings, plans, specifications, and other documents, attached hereto and kept on file at the Southwest Florida Water Management District (District). Unless otherwise stated by permit specific condition, permit issuance constitutes certification of compliance with state water quality standards under Section 401 of the Clean Water Act, 33 U.S.C. 1341. All construction, operation and maintenance of the surface water management system authorized by this permit shall occur in compliance with Florida Statutes and Administrative Code and the conditions of this permit. PROJECT NAME: Montclair Lakes Estates GRANTED TO: Montclair Lake Townhomes, LLC Attn: Agostino (Gus) DiGiovanni 175 Bayside Drive Clearwater, FL 33767 OTHER PERMITTEES: N/A ABSTRACT: This permit is for the construction of a stormwater management system serving an 11.17 acre residential project. This permit includes the construction of 10 townhome buildings (60 units), 13 duplex buildings (26 units), amenity area, internal roadway, parking and associated stormwater management system. The project lies within the drainage basin of an impaired water body (WBID 1603C — Beckett Lake). Therefore, water quality certification is waived as a condition of this permit. Water quality treatment, for net improvement, will be provided in the stormwater pond via permanent pool wet detention. The Engineer -of -Record (EOR) has demonstrated that the post -development 25 -year, 24-hour discharge rate will be limited to the pre -development 25 -year, 24-hour discharge rate. The proposed activities encroach on the 100 -year floodplain. Floodplain compensation is provided in the floodplain mitigation area through equivalent excavation. This permit is issued based on the Florida Department of Environmental Protection's (FDEP) approval of the methods for treating the contaminated soils. Once the Interim Source Removal activities are complete, a Site Assessment Status Report and proposal for no further assessment is required to be submitted to FDEP. Also, all wells located within the site shall have the obstructions cleared prior to plugging, and shall be abandoned as required by Rule 40D-3, F.A.C. The project is located at the southwest corner of the intersection of North Belcher Road and Montclair Road in Pinellas County. OP. & MAIN. ENTITY: Montclair Lake Homeowners Association, Inc. OTHER OP. & MAIN. ENTITY: N/A COUNTY: PINELLAS SEC/TWP/RGE: S06/T29S/R16E TOTAL ACRES OWNED OR UNDER CONTROL: 23.69 PROJECT SIZE: 11.17 Acres LAND USE: Residential DATE APPLICATION FILED: November 24, 2015 AMENDED DATE: N/A I. Water Quantity/Quality POND No. Area Acres @ Top of Bank Treatment Type 1 1.22 MAN-MADE WET DETENTION Type Total: 1.22 Wetland #1 Water Quantity/Quality Comments The project lies within the drainage basin of an impaired water body (WBID 1603C — Beckett Lake). Therefore, water quality certification is waived as a condition of this permit. Water quality treatment, for net improvement, will be provided in the stormwater ponds via permanent pool wet detention. The Engineer -of -Record (EOR) has demonstrated that the post -development 25 -year, 24-hour discharge rate will be limited to the pre -development 25 -year, 24-hour discharge rate. The elevation datum used for this project is NAVD 88. A mixing zone is not required. A variance is not required. II. 100 -Year Floodplain Encroachment Compensation Compensation Encroachment (Acre -Feet of fill) (Acre -Feet of Type Result* (feet) Wetland #1 excavation 0.25 0.00 0.54 0.57 Equivalent Excavation N/A Floodplain Comments The proposed activities encroach on the 100 -year floodplain. Floodplain compensation is provided in the floodplain mitigation area through equivalent excavation. *Depth of change in flood stage (level) over existing receiving water stage resulting from floodplain encroachment caused by a project that claims Minimal Impact type of compensation. III. Environmental Considerations Wetland/Other Surface Water Information Wetland/Other Surface Water Name Total Not Impacted Acres Acres Permanent Impacts Temporary Impacts Acres Functional Loss* Acres Functional Loss* Wetland #1 0.37 0.12 0.25 0.00 0.00 0.00 Wetland #2 0.60 0.25 0.35 0.00 0.00 0.00 Total: 0.97 0.37 0.60 0.00 0.00 0.00 * For impacts that do not require mitigation, their functional loss is not included. Wetland/Other Surface Water Comments: Wetlands are not located within the project area for this ERP; however, there are 0.97 acre of other surface water features, consisting of 0.37 acre of ditches (FLUCCS 510) and 0.6 acre of ponds (FLUCCS 534), located within the project area. Permanent filling impacts to 0.6 acre of the project surface waters will occur for the construction of a multifamily residential facility with associated roadways, parking, and surface water management system. Mitigation Information 0-0 6 OL9 Mitigation Comments: Wetland mitigation will not be required for permanent filling impacts to 0.35 acre of ponds pursuant to Section 10.2.2. of the Applicants Handbook Volume I (A.H.V.I.) for Environmental Resource Permit Applications. Under this Section, wetland mitigation is not required for impacts that have been determined to be de minimis to fish, wildlife and listed species. Wetland mitigation is not required for permanent filling impacts to 0.25 acre of upland cut ditches pursuant to Subsection 10.2.2.2 of the Applicants Handbook Volume I (A.H.V.I.) for Environmental Resource Permit Applications. Under this Subsection, wetland mitigation is not required for impacts to drainage ditches that were constructed in uplands and do not provide significant habitat for threatened or endangered species and were not constructed to divert natural stream flow. Specific Conditions If the ownership of the project area covered by the subject permit is divided, with someone other than the Permittee becoming the owner of part of the project area, this permit may be terminated, unless the terms of the permit are modified by the District or the permit is transferred pursuant to Rule 40D-1.6105, F.A.C. In such situations, each land owner shall obtain a permit (which may be a modification of this permit) for the land owned by that person. This condition shall not apply to the division and sale of lots or units in residential subdivisions or condominiums. The Permittee shall retain the design professional registered or licensed in Florida, to conduct on-site observations of construction and assist with the as -built certification requirements of this project. The Permittee shall inform the District in writing of the name, address and phone number of the design professional so employed. This information shall be submitted prior to construction. The following boundaries, as shown on the approved construction drawings, shall be clearly delineated on the site prior to initial clearing or grading activities: wetland and surface water areas limits of approved surface water impacts The delineation shall endure throughout the construction period and be readily discernible to construction and District personnel. 4. All wetland and surface water boundaries shown on the approved construction drawings shall be binding upon the Permittee and the District for the term of this permit. If this permit is extended, the wetland and surface water boundaries shall only remain binding for the term of such extension provided that physical conditions on the property, as solely determined by District staff, do not change so as to alter the boundaries of the delineated wetlands or other surface waters during the permit term, unless such change has been authorized by a permit issued under Part IV, Chapter 373, F.S. 5. Rights-of-way and easement locations necessary to construct, operate and maintain all facilities, which constitute the permitted stormwater management system, and the locations and limits of all wetlands, wetland buffers, upland buffers for water quality treatment, 100 -year floodplain areas and floodplain compensation areas, shall be shown on the final plat recorded in the County Public Records. Documentation of this plat recording shall be submitted to the District with the As -Built Certification and Request for Conversion to Operational Phase Form, and prior to beneficial occupancy or use of the site. Copies of the following documents in final form, as appropriate for the project, shall be submitted to the Regulation Division: a. homeowners, property owners, master association or condominium association articles of incorporation, and b. declaration of protective covenants, deed restrictions or declaration of condominium The Permittee shall submit these documents with the submittal of the Request for Transfer of Environmental Resource Permit to the Perpetual Operation Entity form. The following language shall be included as part of the deed restrictions for each lot: "Each property owner within the subdivision at the time of construction of a building, residence, or structure shall comply with the construction plans for the stormwater management system approved and on file with the Southwest Florida Water Management District." 5 All lots abutting wet detention ponds shall have the following language (or similar language as approved in writing by the District Service Office that services this permit), as part of the deed restrictions: "The lot owners shall not remove native vegetation (including cattails) that becomes established within the wet detention ponds abutting their property. Removal includes dredging, the application of herbicide, cutting, and the introduction of grass carp. Lot owners shall address any questions regarding authorized activities within the wet detention ponds to SWFWMD." 9. Certification of compliance with state water quality standards under Section 401 of the Clean Water Act, 33 U.S.C. 1341 is waived. 10. If limestone bedrock is encountered during construction of the stormwater management system, the District must be notified and construction in the affected area shall cease. 11. The Permittee shall notify the District of any sinkhole development in the stormwater management system within 48 hours of discovery and must submit a detailed sinkhole evaluation and repair plan for approval by the District within 30 days of discovery. 12. The Permitted Plan Set for this project includes: the set received by the District on June 13, 2016. 13. The operation and maintenance entity shall provide for the inspection of the permitted project after conversion of the permit to the operation and maintenance phase. For systems utilizing retention or wet detention, the inspections shall be performed five (5) years after operation is authorized and every five (5) years thereafter. The operation and maintenance entity must maintain a record of each inspection, including the date of inspection, the name and contact information of the inspector, whether the system was functioning as designed and permitted, and make such record available upon request of the District. Within 30 days of any failure of a stormwater management system or deviation from the permit, an inspection report shall be submitted using Form 62-330.311(1), "Operation and Maintenance Inspection Certification" describing the remedial actions taken to resolve the failure or deviation. 14. District staff must be notified in advance of any proposed construction dewatering. If the dewatering activity is likely to result in offsite discharge or sediment transport into wetlands or surface waters, a written dewatering plan must either have been submitted and approved with the permit application or submitted to the District as a permit prior to the dewatering event as a permit modification. A water use permit may be required prior to any use exceeding the thresholds in Chapter 40D-2, F.A.C. 15. Off-site discharges during construction and development shall be made only through the facilities authorized by this permit. Water discharged from the project shall be through structures having a mechanism suitable for regulating upstream stages. Stages may be subject to operating schedules satisfactory to the District. 16. The permittee shall complete construction of all aspects of the stormwater management system, including wetland compensation (grading, mulching, planting), water quality treatment features, and discharge control facilities prior to beneficial occupancy or use of the development being 4 !, served by this system. 17. The following shall be properly abandoned and/or removed in accordance with the applicable regulations: a. Any existing wells in the path of construction shall be properly plugged and abandoned by a licensed well contractor. b. Any existing septic tanks on site shall be abandoned at the beginning of construction. c. Any existing fuel storage tanks and fuel pumps shall be removed at the beginning of construction. 18. All stormwater management systems shall be operated to conserve water in order to maintain environmental quality and resource protection; to increase the efficiency of transport, application and use; to decrease waste; to minimize unnatural runoff from the property and to minimize dewatering of offsite property. 19. Each phase or independent portion of the permitted system must be completed in accordance with the permitted plans and permit conditions prior to the occupation of the site or operation of site infrastructure located within the area served by that portion or phase of the system. Each phase or independent portion of the system must be completed in accordance with the permitted plans and permit conditions prior to transfer of responsibility for operation and maintenance of that phase or portion of the system to a local government or other responsible entity. 20. This permit is valid only for the specific processes, operations and designs indicated on the approved drawings or exhibits submitted in support of the permit application. Any substantial deviation from the approved drawings, exhibits, specifications or permit conditions, including construction within the total land area but outside the approved project area(s), may constitute grounds for revocation or enforcement action by the District, unless a modification has been applied for and approved. Examples of substantial deviations include excavation of ponds, ditches or sump areas deeper than shown on the approved plans. 21. A "Recorded notice of Environmental Resource Permit," Form No. 62-330.090(1), shall be recorded in the public records of the County(s) where the project is located. 22. This permit is issued, based on the Florida Department of Environmental Protection's (FDEP) approval of the methods for treating the contaminated soils. Once the Interim Source Removal activities are complete, a Site Assessment Status Report and proposal for no further assessment is required to be submitted to FDEP. 23. All wells located within the site shall have the obstructions cleared prior to plugging, and shall be abandoned as required by Rule 40D-3, F.A.C. GENERAL CONDITIONS 1. The general conditions attached hereto as Exhibit "A" are hereby incorporated into this permit by reference and the Permittee shall comply with them. Michelle K. Hopkins, P.E. Authorized Signature d I, EXHIBIT A GENERAL CONDITIONS: 1 The following general conditions are binding on all individual permits issued under this chapter, except where the conditions are not applicable to the authorized activity, or where the conditions must be modified to accommodate, project -specific conditions. a. All activities shall be implemented following the plans, specifications and performance criteria approved by this permit. Any deviations must be authorized in a permit modification in accordance with Rule 62-330.315, F.A.C., or the permit may be revoked and the permittee may be subject to enforcement action. b. A complete copy of this permit shall be kept at the work site of the permitted activity during the construction phase, and shall be available for review at the work site upon request by the Agency staff. The permittee shall require the contractor to review the complete permit prior to beginning construction. Activities shall be conducted in a manner that does not cause or contribute to violations of state water quality standards. Performance-based erosion and sediment control best management practices shall be installed immediately prior to, and be maintained during and after construction as needed, to prevent adverse impacts to the water resources and adjacent lands. Such practices shall be in accordance with the State of Florida Erosion and Sediment Control Designer and Reviewer Manual (Florida Department of Environmental Protection and Florida Department of Transportation June 2007), and the Florida Stormwater Erosion and Sedimentation Control Inspector's Manual (Florida Department of Environmental Protection, Nonpoint Source Management Section, Tallahassee, Florida, July 2008), which are both incorporated by reference in subparagraph 62-330.050(8)(b)5, F.A.C., unless a project -specific erosion and sediment control plan is approved or other water quality control measures are required as part of the permit. At least 48 hours prior to beginning the authorized activities, the permittee shall submit to the Agency a fully executed Form 62-330.350(1), "Construction Commencement Notice,"[effective date], incorporated by reference herein (<http://www.firules.org/Gatewav/reference.asp?No=Ref-02505> ), indicating the expected start and completion dates. A copy of this form may be obtained from the Agency, as described in subsection 62-330.010(5), F.A.C. If available, an Agency website that fulfills this notification requirement may be used in lieu of the form. e. Unless the permit is transferred under Rule 62-330.340, F.A.C., or transferred to an operating entity under Rule 62-330.310, F.A.C., the permittee is liable to comply with the plans, terms and conditions of the permit for the life of the project or activity. Within 30 days after completing construction of the entire project, or any independent portion of the project, the permittee shall provide the following to the Agency, as applicable: 1. For an individual, private single-family residential dwelling unit, duplex, triplex, or quadruplex - "Construction Completion and Inspection Certification for Activities Associated with a Private Single -Family Dwelling Unit" [Form 62-330.310(3)]; or 2. For all other activities - "As -Built Certification and Request for Conversion to Operational Phase" [Form 62-330.310(1)]. 3. If available, an Agency website that fulfills this certification requirement may be used in lieu of the form. If the final operation and maintenance entity is a third party: 1. Prior to sales of any lot or unit served by the activity and within one year of permit issuance, or within 30 days of as- built certification, whichever comes first, the permittee shall submit, as applicable, a copy of the operation and maintenance documents (see sections 12.3 thru 12.3.3 of Volume I) as filed with the Department of State, Division of Corporations and a copy of any easement, plat, or deed restriction 91 I 4 , needed to operate or maintain the project, as recorded with the Clerk of the Court in the County in which the activity is located. 2. Within 30 days of submittal of the as- built certification, the permittee shall submit "Request for Transfer of Environmental Resource Permit to the Perpetual Operation Entity" [Form 62-330.310(2)] to transfer the permit to the operation and maintenance entity, along with the documentation requested in the form. If available, an Agency website that fulfills this transfer requirement may be used in lieu of the form. h. The permittee shall notify the Agency in writing of changes required by any other regulatory agency that require changes to the permitted activity, and any required modification of this permit must be obtained prior to implementing the changes. This permit does not: 1. Convey to the permittee any property rights or privileges, or any other rights or privileges other than those specified herein or in Chapter 62-330, F.A.C.; 2. Convey to the permittee or create in the permittee any interest in real property; 3. Relieve the permittee from the need to obtain and comply with any other required federal, state, and local authorization, law, rule, or ordinance; or 4. Authorize any entrance upon or work on property that is not owned, held in easement, or controlled by the permittee. Prior to conducting any activities on state-owned submerged lands or other lands of the state, title to which is vested in the Board of Trustees of the Internal Improvement Trust Fund, the permittee must receive all necessary approvals and authorizations under Chapters 253 and 258, F.S. Written authorization that requires formal execution by the Board of Trustees of the Internal Improvement Trust Fund shall not be considered received until it has been fully executed. k. The permittee shall hold and save the Agency harmless from any and all damages, claims, or liabilities that may arise by reason of the construction, alteration, operation, maintenance, removal, abandonment or use of any project authorized by the permit. The permittee shall notify the Agency in writing: 1. Immediately if any previously submitted information is discovered to be inaccurate; and 2. Within 30 days of any conveyance or division of ownership or control of the property or the system, other than conveyance via a long-term lease, and the new owner shall request transfer of the permit in accordance with Rule 62-330.340, F.A.C. This does not apply to the sale of lots or units in residential or commercial subdivisions or condominiums where the stormwater management system has been completed and converted to the operation phase. m. Upon reasonable notice to the permittee, Agency staff with proper identification shall have permission to enter, inspect, sample and test the project or activities to ensure conformity with the plans and specifications authorized in the permit. n. If any prehistoric or historic artifacts, such as pottery or ceramics, stone tools or metal implements, dugout canoes, or any other physical remains that could be associated with Native American cultures, or early colonial or American settlement are encountered at any time within the project site area, work involving subsurface disturbance in the immediate vicinity of such discoveries shall cease. The permittee or other designee shall contact the Florida Department of State, Division of Historical Resources, Compliance and Review Section, at (850) 245-6333 or (800) 847-7278, as well as the appropriate permitting agency office. Such subsurface work shall not resume without verbal or written authorization from the Division of Historical Resources. If unmarked human remains are encountered, all work shall stop immediately and notification M 1 3 shall be provided in accordance with Section 872.05, F.S. (2012). o. Any delineation of the extent of a wetland or other surface water submitted as part of the permit application, including plans or other supporting documentation, shall not be considered binding unless a specific condition of this permit or a formal determination under Rule 62-330.201, F.A.C., provides otherwise. p. The permittee shall provide routine maintenance of all components of the stormwater management system to remove trapped sediments and debris. Removed materials shall be disposed of in a landfill or other uplands in a manner that does not require a permit under Chapter 62-330, F.A.C., or cause violations of state water quality standards. q. This permit is issued based on the applicant's submitted information that reasonably demonstrates that adverse water resource -related impacts will not be caused by the completed permit activity. If any adverse impacts result, the Agency will require the permittee to eliminate the cause, obtain any necessary permit modification, and take any necessary corrective actions to resolve the adverse impacts. r. A Recorded Notice of Environmental Resource Permit may be recorded in the county public records in accordance with Rule 62-330.090(7), F.A.C. Such notice is not an encumbrance upon the property. 2. In addition to those general conditions in subsection (1) above, the Agency shall impose any additional project - specific special conditions necessary to assure the permitted activities will not be harmful to the water resources, as set forth in Rules 62-330.301 and 62-330.302, F.A.C., Volumes I and II, as applicable, and the rules incorporated by reference in this chapter. 10 a f 0 " SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT NOTICE OF AUTHORIZATION TO COMMENCE CONSTRUCTION Montclair Lakes Estates PROJECT NAME Residential PROJECT TYPE PINELLAS COUNTY S06/T29S/R16E SEC(S)/TWP(S)/RGE(S) Montclair Lake Townhomes, LLC PERMITTEE See permit for additional permittees APPLICATION ID/PERMIT NO: 721316 / 43034349.002 DATE ISSUED: June 20, 2016 F o Michelle K. Hopkins, P.E. Issuing Authority THIS NOTICE SHOULD BE CONSPICUOUSLY DISPLAYED AT THE SITE OF THE WORK 11 i d _ Notice of Rights ADMINISTRATIVE HEARING You or any person whose substantial interests are or may be affected by the District's intended or proposed action may request an administrative hearing on that action by filing a written petition in accordance with Sections 120.569 and 120.57, Florida Statutes (F.S.), Uniform Rules of Procedure Chapter 28-106, Florida Administrative Code (F.A.C.) and District Rule 40D-1.1010, F.A.C. Unless otherwise provided by law, a petition for administrative hearing must be filed with (received by) the District within 21 days of receipt of written notice of agency action. "Written notice" means either actual written notice, or newspaper publication of notice, that the District has taken or intends to take agency action. "Receipt of written notice" is deemed to be the fifth day after the date on which actual notice is deposited in the United States mail, if notice is mailed to you, or the date that actual notice is issued, if sent to you by electronic mail or delivered to you, or the date that notice is published in a newspaper, for those persons to whom the District does not provide actual notice. 2. Pursuant to Subsection 373.427(2)(c), F.S., for notices of intended or proposed agency action on a consolidated application for an environmental resource permit and use of state-owned submerged lands concurrently reviewed by the District, a petition for administrative hearing must be filed with (received by) the District within 14 days of receipt of written notice. 3. Pursuant to Rule 62-532.430, F.A.C., for notices of intent to deny a well construction permit, a petition for administrative hearing must be filed with (received by) the District within 30 days of receipt of written notice of intent to deny. 4. Any person who receives written notice of an agency decision and who fails to file a written request for a hearing within 21 days of receipt or other period as required by law waives the right to request a hearing on such matters. 5. Mediation pursuant to Section 120.573, F.S., to settle an administrative dispute regarding District intended or proposed action is not available prior to the filing of a petition for hearing. 6. A request or petition for administrative hearing must comply with the requirements set forth in Chapter 28-106, F.A.C. A request or petition for a hearing must: (1) explain how the substantial interests of each person requesting the hearing will be affected by the District's intended action or proposed action, (2) state all material facts disputed by the person requesting the hearing or state that there are no material facts in dispute, and (3) otherwise comply with Rules 28-106.201 and 28-106.301, F.A.C. Chapter 28-106, F.A.C. can be viewed at www.firules.org or at the District's website at www.WaterMatters.org/permits/rules. 7. A petition for administrative hearing is deemed filed upon receipt of the complete petition by the District Agency Clerk at the District's Tampa Service Office during normal business hours, which are 8:00 a.m. to 5:00 p.m., Monday through Friday, excluding District holidays. Filings with the District Agency Clerk may be made by mail, hand -delivery or facsimile transfer (fax). The District does not accept petitions for administrative hearing by electronic mail. Mailed filings must be addressed to, and hand -delivered filings must be delivered to, the Agency Clerk, Southwest Florida Water Management District, 7601 Highway 301 North,Tampa,FL 33637-6759. Faxed filings must be transmitted to the District Agency Clerk at (813) 367-9776. Any petition not received during normal business hours shall be filed as of 8:00 a.m. on the next business day. The District's acceptance of faxed petitions for filing is subject to certain conditions set forth in the District's Statement of Agency Organization and Operation, available for viewing at www.WaterMatters.org/about. 12 JUDICIAL REVIEW Pursuant to Sections 120.60(3) and 120.68, F.S., a party who is adversely affected by District action may seek judicial review of the District's action. Judicial review shall be sought in the Fifth District Court of Appeal or in the appellate district where a party resides or as otherwise provided by law. 2. All proceedings shall be instituted by filing an original notice of appeal with the District Agency Clerk within 30 days after the rendition of the order being appealed, and a copy of the notice of appeal, accompanied by any filing fees prescribed by law, with the clerk of the court, in accordance with Rules 9.110 and 9.190 of the Florida Rules of Appellate Procedure (Fla. R. App. P.). Pursuant to Fla. R. App. P. 9.020(h), an order is rendered when a signed written order is filed with the clerk of the lower tribunal. 13 May 8, 2017 City of Clearwater Clearwater Planning & Development, Post Office Box 4748, Clearwater, Florida 33758-4748 100 South Myrtle Avenue, Clearwater, Florida 33756 Telephone (727) 562-4567 Fax (727) 562-4865 Mr. Rodney S. Chatman, AICP Planning Division Manager Forward Pinellas 310 Court Street, 2nd Floor Clearwater, Florida 33756 RE: LUP2016-08008— Application to Amend the Countywide Future Land Use Plan Dear Mr. Chatman: The City of Clearwater requests the following: • LUP2016-08008: An amendment to the Countywide Future Land Use Plan to change from the Preservation (P) Classification to the Residential Medium (RM) Classification for a portion of one parcel of land at 2251 Montclair Road, located on the south side of Montclair Road approximately 770 feet west or North Belcher Road, totaling 0.72 acres (parcel identification numbers: 06-29-16-00000-230-0200) The Community Development Board recommended approved the amendment on March 21, 2017. The City Council approved the amendment on second reading at their May 4, 2017 meeting. Please find all of the required information for this request attached. Also attached is an email clarifying the Countywide Map designation of the remainder of the parcel. If you need any additional information, please contact me at 727-562-4836 or ellen.crandall@myclearwater.com. Sincerely, Ellen Crandall Senior Planner Attachments: Application Disclosure Statement Staff Report with Maps Ordinance No. 8980-17 Email George N. Cretelm% blaym Doreen Caudell, Connc lmember Bill jonson, Ommc- lmember Dr. Bob Cundiff, CoundImember Hoyt Hamilton, Cauncilmernber 1W "Equal Emp�neat snd AtfirmatNe Action Employer" PINELLAS PLANNING COUNCIL APPLICATION FOR COUNTYWIDE PLAN MAP AMENDMENT Countywide Plan Map Information 1. Current Countywide Plan Category(ies) Preservation 2. Proposed Countywide Plan Category(ies) Residential Medium Local Future Land Use Plan Map Information 1. Requesting_ Local Government City of Clearwater 2. Local Map Amendment Case Number LUP2016-08008 3. Current Local Land Use Category(ies) Preservation 4. Current Local Zoning Designation(s) Preservation 5. Proposed Local Land Use Category(ies) Residential Medium 6. Proposed Local Zoning Designation(s) Medium High Density Residential Site and Parcel Information 1. Parcel number(s) of area(s) proposed to be amended - Sec/Twp/Rng/SubBlk/Lot (and/or legal description, as necessary) 06-29-16-00000-230-0200 2. Location/Address 2251 Montclair Road 3. Acreage 0.72 4. Existing use(s) Vacant 5. Existing density and/or floor area ratio FAR 0.10 6. Proposed use/name of project (if applicable) Montclair Lake Townhomes, LLC. Local Action I . Date local ordinance was considered at public hearing and authorized by an affirmative vote of the governing body for transmittal of, and concurrence with, the local government future land use plan map amendment. City council first reading 4/20/17, Second reading 5/4/17 2. If the local government chooses to submit a development agreement in support of this application, the date the agreement was approved at public hearing by the legislative body. Any development agreement submitted as part of an application for Countywide Plan Map amendment may become a condition of approval of the amendment and will be subject to the provisions of Section 6.1.6 of the Countywide Rules. N/A Other Items to Include 1. Copy of local ordinance. 2. If applicable, a copy of the development agreement approved by the legislative body and executed by the applicant property owner and other private party(ies) to the agreement. 3. PPC Disclosure of Interest Form. 4. Local government staff report. 5. Local plan and zoning maps showing amendment area. 6. If applicable, proposed demarcation line for environmentally sensitive areas. Forms available online at www.pinellasplanningeouncil.org/amendment.htm Note: When completing the application form, please make sure you are distinguishing between countywide and local land use categories in the appropriate spaces. See below for guidance. Countywide Plan Categories Local Land Use Categories Residential Very Low Residential Rural ':. Residential Estate ,•�° Residential Low MediumResidential;�ub,urban, Residential tow, Residential Urban `Residential LowMedium . Residential Medium .Residential Medium Planned Redevelopment=Residential Residential High' Residential High Office Residential/Office Limited Residential/Office General Resort '' Resort Facilities Overlay ° Resort Facilities Medium Resort`Facilities High' Cornmerciallecreation, , Retail & Services Residential/Office/Retail Commercial Neighborhood Commercial Limited Corrimercial General Employment Industrial ;Limited Industrial":�- Industrial General Public/Semi-Public Institutional Transportation/Utility (includes Overlay) Resource Manag6rhent Overlay " :Recreation/Open Space Recreation/Open Space Preservation Preservation ;Activity Center Activity Center-_ Community Redevelopment District °Central Business District Transit Oriented Development Planned Redevelopment - Commercial Residential Very High t4r Planned Redevelopment - Mixed Use— .Multimodal Corridor Scenic/Noncommercial Corridor Scenic/Noncommercial Corridor. Target Employment Center No corresponding category No corresponding category Water/Drainage Feature PINELLAS PLANNING COUNCIL COUNTYWIDE PLAN MAP AMENDMENT - DISCLOSURE OF INTEREST STATEMENT SUBMITTING LOCAL GOVERNMENT: City Of Clearwater LOCAL GOVERNMENT CASE NUMBER: LU P2016-08008 PROPERTY OWNERS/REPRESENTATIVE (include name and address): MONTCLAIR LAKE TOWNHHMES LLC 175 BAYSIDE DR CLEARWATER FL 33767 2502 Northside Engineering, Inc. Housh Ghovaee, CEO 300 South :Belcher Road Clearwater, Florida 33765 ANY OTHER PERSONS HAVING ANY OWNERSHIP INTEREST IN THE SUBJECT PROPERTY: None Interests: Contingent ❑ Absolute ❑ Name/Address: Specific Interest Held: INDICATION AS TO WHETHER A CONTRACT EXISTS FOR SALE OF SUBJECT PROPERTY, IF SO: None Contract is: Contingent ❑ Absolute ❑ All Parties To Contract: Name/Address: INDICATION AS TO WHETHER THERE ARE ANY OPTIONS TO PURCHASE SUBJECT PROPERTY, IF SO: None All Parties To Option: Name/Address ANY OTHER PERTINENT INFORMATION WHICH APPLICANT MAY WISH TO SUBMIT PERTAINING TO REQUESTED PLAN MAP AMENDMENT: Forms available online at www.pinellasplannitigcouncil.o?glamendment.htm ORDINANCE NO. 8980-17 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE FUTURE LAND USE ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY, TO CHANGE THE LAND USE DESIGNATION FOR A 0.72 -ACRE PORTION OF CERTAIN REAL PROPERTY LOCATED ON THE SOUTH SIDE OF MONTCLAIR ROAD APPROXIMATELY 770 FEET WEST OF NORTH BELCHER ROAD, WHOSE POST OFFICE ADDRESS IS 2251 MONTCLAIR ROAD, CLEARWATER, FLORIDA 33763, FROM PRESERVATION (P), TO RESIDENTIAL MEDIUM (RM); PROVIDING AN EFFECTIVE DATE. WHEREAS, the amendment to the Future Land Use 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 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: Pro e Land Use Category See attached Exhibit A for Legal From: Preservation (P) Description To: Residential Medium (RM) (LU P2016-08008) 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 change by the Pinellas County Board of Commissioners, where applicable, 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 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 Forward Pinellas, in its role as the Pinellas Planning Council, an application to amend the Countywide Plan in order to achieve consistency with the Future Land Use Element of the City's Comprehensive Plan as amended by this ordinance. Ordinance No. 8980-17 PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED George N. Cretekos Mayor Approved as to form: Attest: Camilo A. Soto Rosemarie Call Assistant City Attorney City Clerk Ordinance No. 8980-17 LU P2016-08008, REZ2016-08005 As furnished by applicant Parcel One 0.37 acres Commence at the Northwest corner of the Southwest 1/4 of the Northviest , /4 of 5ection 6. Township 29 South. Rcnge 16 Last; thence N 89'55'57"E., ,or 413 73 fejt; ,hence 5.00'03'30"W , 'or 75.55 favi to the Point cat Beglmnin;t, thence 5.70'02'43"E., for 6.96 feet: thence 5.62'1 7'32_'"E , for 21.5,3 feet; thence N.4414'46 E., for 19.35 feet; thence 5.61'1518"E., for 18.69 to -,1%; thence 5.14'44'50"E , for 3115 feet. thence 5.06'12'26"E., for 31.91 fMet; thence S.17'09'40"E., for 40.40 feet; thence 5.04'06'01"W., for 53.01 feet; thence 5.21'24`37-E , for 51.42 feet; thence S.33'29'26"E7- for 34,23 feet, thence 5.68'02'38'W.. for 26.83 feet; thence 5..32'52'44"W.. for 12.9-1 feet. ,hence S +19"10'06"E . for 27.53 fret; thence N_89'27'29"'N., for 35.95 feet; thence N -50'15'05"W- for 55.39- feet; thence N.03'18'08"E.. for 45.26 feet: thence N.17*37',56"E., for 46.4() feet; thence N.16`05'22''W., for 1500 fPep t; thence N 18'24'52" Y.I., for 35.27 fee:; thence N.24'16'02"W., for 1 7.18 feet; thence N 18'04'04"W.,for 39.98 feet; thence t°x.5827'19"W., for 5.3.2'," feet; thence N.08'42'i5"W., for 19.76 feet; thence 5.67'55'15"E., for 18.01 teol; thence S.70'02'49''E.. fa: 33.6: feet to the f?aint of Begirrn;ny- Containing 0.37 acres, more or lass. Parcel Two 0.36 acres DESCRIPTION FOR PARCEL 2 Commence at the Northwest corner of the Southwest 1/4 of the Northwest 1/4 of Section 6, Township 29 South, Range 16 East; thence N.89'55'57"E., for 413.73 feet; thence S.00'03'30"W., for 109.74 feet; thence S.16'29'05"E., for 46.95 feet; thence S.03'17'47"W., for 223.24 feet; thence S.15'25'31 "W., for 8.21 feet; thence S.88'06'30"E., for 7.83 feet; thence S.25'04'30"E., for 4.89 feet to the Point of Beginning; thence continue S.25'04'30"E., for 36.22 feet; thence 5.10'19'51"E., for 21.80 feet; thence S.31'44'02"W., for 38.92 feet; thence S.02'21'38"E., for 48.07 feet; thence S.20'45'55"E., for 18.59 feet; thence S.51'32'24"E., for 14.78 feet; thence S.35'54'45"E., for 34.83 feet; thence S.14'52'00"E., for 27.95 feet; thence S.14'27'27"E., for 50.79 feet; thence S.05'10'32"E., for 68.51 feet; thence S.09'09'22"E., for 29.85 feet; thence S.12'00'31"W., for 32.97 feet; thence S.49'41'39"W., for 19.35 feet; thence N.80'24'49"W., for 22.76 feet; thence N.15'41'52"W., for 45.76 feet; thence N.09'24'29"W., for 48.57 feet; thence N.01'54'27"W., for 34.85 feet; thence N.06'22'21"W., for 39.19 feet; thence N.15'43'04"W., for 43.56 feet; thence S.27'37'11 "W., for 25.75 feet; thence S.43'33'47"W., for 12.41 feet; thence S.46'47'14"W., for 6.14 feet; thence N.04'59'55"W., for 4.77 feet; thence N.12'56'15"E., for 149.87 feet; thence N.18'43'14"E., for 8.50 feet; thence N.00'29'53"E., for 74.49 feet to the Point of Beginning. Containing 0.36 acres, more or less. Exhibit B :7 ? z Rev. 1113x18 o ?s7 �tNj N N N RLMRM N Parcel One 197 PRM P.: RM '9s, c RM 1943 191 WAT 1935 2158 2'64 �° R/O/R 1927 21'0 Parcel ��� '9?' '92� 9s 2178 R UQ[� Two G 919 2182 V � Z 2188 1911 P N SUNSET POINT RD RM CG 2,4 A B T �g81 1875 1878 187 1875 187618875 FUTURE LAND USE MAP Owner(s): Montclair Lake Townhomes, LLC Case: LUP2016-08008 REZ2016-08005 Site: 2251 Montclair Road Property Size (Acres): 0.72 Land Use Zoning PIN: 06-29-16-00000-230-0200 From: P P Atlas Page: 254A To: RM MHDR Exhibit B PLANNING.At DEVt".:WI'MENT LANG RANGE PLANNING DIVISION "i CJ i 7, ARWAT E ` � lSRIt.1ir �1,\i1 t�t.�#GI"t'ii'111.� iiA:9^'IY] �1F:At'I1 PLANNING & DEVELOPMENT DEPARTMENT COMMUNITY DEVELOPMENT BOARD STAFF REPORT MEE'T'ING DATE: March 21, 2017 AGENDA I'T'EM: G.l. CASE: LUP2016-08008 REQUEST: To amend the Future Land Use Map designation from Preservation (P) to Residential Medium (RM). GENERAL DATA: Applicant ......................... Northside Engineering, Inc. Owner ............................. Montclair Lake Townhomes, LLC Location .......................... 2251 Montclair Road, portion of the property along the south side of Montclair Road approximately 770 feet west of North Belcher Road. Property Size ................... 0.72 acres Background: This case involves a 0.72 -acre portion of property located along the south side of Montclair Road approximately 770 feet west of North Belcher Road, addressed as 2155 Montclair Road. The property is owned by Montclair Lake Townhomes, LLC. Maps 1 and 2 show the general location of the property and an aerial view of the proposed amendment area. The request is to change the Future Land Use Map designation for the 0.72 -acre portion of property from Preservation (P) to Residential Medium (RM). The applicant is also requesting to rezone the proposed amendment area from Preservation (P) District to the Medium High Density Residential (MHDR) District (sec concurrent case R)✓Z2016-08005). In 2013 the proposed amendment area, in combination with surrounding parcels totaling 23.75 acres, was annexed into the City. City Council approved a future land use change from Residential Urban (RU), Preservation (P) and Water to Residential Medium (RM), Preservation (P) and Water (LUP2013-04002) and a rezoning from RPD -7.5 to Medium High. Density Residential (MHDR) and Preservation (P) (REZ2013- 04002). At that time the Preservation (P) designation line was adjusted based on a jurisdictional survey provided by the applicant, and current maps reflect that. boundary. In 2016 the applicant applied for and received a permit from the Southwest Florida Water Management District (SWFWMD) to permanently fill 0.72 acres of the total existing 0.98 acres of wetlands on the property. This application is consistent with the SWFWMD permit. The owner has active building construction permits for the construction of Phase One of a townhome development (60 units) on the east side of the subject site. 'rhe approval of this LUP and corresponding RF.7. is needed before they can apply for C oilunun-tip Development Roird March 21 X171 7 1 1W-2016 08008 11 apr 1 of 9 PLANNTNG R DEVELOPMENT LONG RANGE PLANNING DIVISION site work and building construction permits for Phase Two (additional 26 units) as conceptually presented to the City. r � x r»Nra3�irtaD ti _ MR, 4� ~ AYERfCt+S �R 1_�C1• y� CT`CEUX LJ. -LN W'Z L� SUNSET PgNT AD r BLNWD%LE BND W Y VANDERO OR VAADERDLT 1.i LOCATION MAP Map 1 Vicinity Characteristics: Map 2 Montclair Lake Townhomes LL.0 owns the overall site, inclusive of the proposed amendment area, which is bounded by Belcher Road to the cast and by Montclair Road to the north. There are commercial uses to the east across Belcher Road. Immediately adjacent to the west is a single family residence (included in the 2013 cases). There are multi -family uses to the north along Montclair Road. �,Wli'ol iy 0evelopmolt Board Marcie :> 1 )01 I1Ip?016 08008 Page ? "d O PLANNING R DEVELOPMENT' LONG RANGE PI ANNING DIVISION IrMll,ul-�eTlTlly ;Residentlal r- „urolew '�� '_' a �--M I N � A+etive s, Cambuclion Assisted sin&t Site of We- UVIng Fandly Fadlity Rosldentl ResidmIlal v� _ ReWlSaks e P and SwWce s� Fundi< oa %) `r At6RYGNTOR $$ Resid al EXISTING SURROUNDING USE MAP Currently, the future land use designations abutting the amendment area are Residential Medium (RM) and Preservation (P) to the west and north, and Residential Medium (RM) to the east and south. The underlying Countywide Plan Map designation for the amendment area is Preservation (P), and the remainder of the parcel is designated Residential Medium (RM). A comparison between the uses, densities and intensities allowed by the present and proposed Future Land Use Map designations appears in 'cable 1, along with the consistent zoning districts. t 'onlniunity Develop►nent Board March ?1 ?01 1 I.I IP2016 08008 Paget l of R PLANNING & DEVELO NIiAYY' LONG RANGE PLANNING DIVISION Table 1. Uses and Intensities Allowed by Present and Proposed Future Land Use Designations REVIEW CRITERIA: Consistency with the Clearwater Comprehensive Plan [Sections 4-603.F.1 and 4-603.F.21 RecomIUM ed Findings of Fact: Applicable goals, objective and policies of the Clearwater Comprehensive Plan which support the proposed amendment include: Policy A.1.1.1. Any permanent and temporary alteration of Department of Environmental Protection (D.E.P.) jurisdictional or non jurisdictional wetlands, the jurisdictional wetlands of the Southwest Florida Water Management District (SWFWMD), beach dunes, sensitive soils, or other natural systems shall be prohibited unless such alteration is fully consistent with all local, state, and federal regulations, mitigation and management plans, and permitting procedures that may be applicable, including the wetland vegetative buffer requirement of the City's Community Development Code. Policy A.1.1.3. Environmentally sensitive wetlands subject to Department of Environmental Protection (DEP) jurisdiction and the jurisdictional wetlands of the Southwest Florida Water Management District (SWFWMD) shall be designated by "Preservation" (P) zoning and prevented from being built upon except as permitted by the Preservation Zoning District. In June of 2016 the Southwest Florida Water Management District (SWFWMD) approved Permit No. 721316 / 43034349.002 which approved the permanent filling impacts to 0.60 acres of wetland (0.35 acres ponds and 0.25 acres of upland cut ditches). In November of 2016 the SWFWMD permit underwent a Minor Modification under Permit No. 736457 / 43034349.003 which approves the addition of 0.12 acres of impact. Mitigation is not required, and inclusion of this additional area of impact brings the total area approved for permanent fill to 0.72 acres(the proposed amendment area). Further, the applicant's environmental consultant Armstrong Environmental Services, Inc. determined that no protected species exist on site and therefore would not be impacted. A copy of the environmental narrative from Armstrong Environmental Services, Inc. was provided to SWFWMD as part of the permit application and was provided within the application materials to the City. The subject sites were found to be poor quality wetlands by the applicant's environmental consultant and the proposed fill impacts have been approved through SWFWMD and found to have no negative impacts on protected species. t cilnaulnity Deveiopmew Board Mardi 31 017 1.1 iP2016..()8008 Page 1 o1'9 PLAT4NINO R [EVELOPM. NY LONG: RANGE PLANNING DIVISION The proposed Residential Medium (RM) future land use designation is compatible with the surrounding multi -family residential and single family residential uses, as well as with the Montclair Lakes Townhomes LLC multi -family development currently under construction (Phase One). The second phase is anticipated to be submitted pending approval of this application. The applicant indicated that the filling of the wetland and proposed Future Land Use Map amendment will allow for a better site design for the whole multi -family project. The Community Development Code requires a vegetative buffer on all lands within 25 feet of any property designated on the Zoning Atlas as Preservation (P) or any property determined to be wetlands under the jurisdiction of the State of Florida. Currently, the majority of the western boundary of the development site is contiguous to Preservation (P) zoning and jurisdictional wetlands, and therefore requires a vegetative buffer that affects where the attached dwelling units can be placed. Subsequent to the permanent filling of the 0.72 acres of wetlands, as permitted by SWFWMD, the amendment areas would no longer be a jurisdictional wetland or other environmentally sensitive land, and therefore would not need to be designated Preservation (P) on the Future Land Use Map or Zoning Atlas, and a buffer would no longer be required. However, areas designated Preservation (P) on the parcel to the west of the site will remain and will still require buffering. In addition, the proposal does not degrade the level of service for public facilities below the adopted standards (a detailed public facilities analysis follows in this report). Recommended Conclusions of Law: The request does not conflict with the goals, objectives and policies of the Clearwater Comprehensive Plan and furthers said plan as indicated in the goals, objective and policies listed above. Consistency with the Countywide Rules Recommended Findings of Fact: The City of Clearwater's Residential Medium (RM) future land use designation is consistent with the Residential Medium (RM) category within the Countywide Rules as updated May 31, 2016. Section 2.3.3.3 of the Countywide Rules states that the Residential Medium (RM) plan category is intended to depict those areas of the county that are now developed, or appropriate to be developed, in a medium -density residential manner; and to recognize such areas as primarily well-suited for residential uses that are consistent with the urban qualities, transportation facilities, including transit, and natural resources of such area. Further, the Locational Characteristics of this category are generally appropriate to locations within or in proximity to urban activity centers; in areas where use and development characteristics are medium -density residential in nature; and in areas serving as a transition between less urban and more urban residential and mixed-use areas. These areas are generally served by and accessed from minor and collector roadways, which connect to arterial roadways and/or highways. Section 2.3.3.12 of the Countywide Rules states that the Preservation (P) plan category is intended to recognize natural resource features worthy of preservation and those areas of the county that are now used, or are appropriate to be used, for the conservation, production, and management of the regional potable water supply and the supporting infrastructure, consistent with the natural resources of the area. It also expresses that where the mapped delineation of these areas is inconclusive due to the nature of the environmental feature, a field determination and mapping of the actually boundary at an appropriate scale may be required as part of any amendment or project approval determination. olnintiiiity Development Hoard March 21 2017 LI1P2016 08008 Page 4 uCo PLANNING R DEVELOPMENT LONG RANGE PLANNING DIVISION The subject property is located adjacent to properties designated as Residential Medium (RM) on both the City of Clearwater Future Land Use Map and the Countywide Plan Map. The subject property was found by the applicant's environmental consultant to be poor quality wetlands and is permitted for permanent filling by SWFWMD and therefore is not consistent with the current designation of Preservation. Therefore, an amendment to Residential Medium (RM) will reflect the change to the amendment area from a wetland to an upland, and is consistent with the designation on the subject property and the surrounding parcels. Recommended Conclusions of Law: The request is in conjunction with an approved SWFWMD permit allowing the permanent filling of the wetland areas, and therefore the proposed Future Land Use Map amendment is consistent with the purpose and locational characteristics of the Countywide Rules. Compatibility with Surrounding Properties/Character of the City & Neighborhood (Section 4-603.)F.3 and Section 4-603.F.61 Recommended Findings of Fact: A single family home lies to the west of the subject site. To the east, construction of 60 townhomes (Phase One) has started. Further to the east, across Belcher Road, are commercial uses. To the north along Montclair Road are multi -family uses, and to the south and west is Beckett Lake. The proposed Residential Medium (RM) future land use category permits 15 dwelling units per acre and a floor area ratio (FAR) of 0.50. The future land use designations of surrounding properties include Residential Medium (RM) and Preservation (P) (refer to Table l for maximum densities and intensities). The amendment area is located at the eastern edge of the existing preservation area running north from Beckett Lake, and is on the western edge, directly adjacent to the multifamily development currently under construction at the corner of Belcher Road and Montclair Road. The proposed Residential Medium (RM) designation is consistent with the future land use designation of the remainder of the parcel, and will allow the development of additional townhomes as part of the same development. This will continue the character and scale of development currently found along Belcher and [Montclair Roads. The proposed Residential Medium (RM) designation is consistent with the surrounding plan categories, and is consistent with the current medium -density residential uses. Recommended Conclusions of Law: The proposed Residential Medium (RM) future land use category is in character with the overall Future Land Use Map designations in the area. Further, the proposal is compatible with surrounding uses and consistent with the character of the surrounding properties and neighborhood. Sufficiency of Public Facilities 1Section 4-603.F.41 Recommended Findings of Fact: To assess the sufficiency of public facilities needed to support potential development on the proposed amendment area, the maximum development potential of the properties under the present and requested City Future Land Use Map designations were analyzed (see Table 2). Community Development Board March ? 1 2017 1.1 J P2016-08008 . Page 6 of q PLANNING & DEVELOPMrthrr LONG RANGE PLANNING DIVISION Table 2. Development Potential for Existing & Proposed FL UM Designations As shown in the table, there is an increase in development potential across the amendment area which would affect public facilities as detailed further below. The following analysis compares the maximum potential development of the proposed Residential Medium (RM) land use developed with residential use (10 ICUs) to the maximum development potential of the existing Preservation (P) future land use category (3,136 SF). Potable Water The additional development potential from this amendment would result in an increase in potable water use of 2,604 gallons per day. This is determined by taking the potential potable water utilization of the proposed land use (2,604 gallons per day) and subtracting the maximum development potential of the current land use designations (zero gallons per day). The City's current potable water demand is 11.4 million gallons per day. The City's adopted level of service (LOS) standard to potable water is 120 gallons per capita per day, while the actual usage is estimated to be 89 gallons per capita per day. Therefore, there is excess water capacity to serve the amendment area. Wastewater The amendment could result in additional generation of 2,343 gallon per day of wastewater. The subject property is served by the Northeast Water Pollution Control facility, which presently has excess capacity estimated to be 6.85 million gallons per day. Therefore, there is excess sanitary sewer capacity to serve the amendment area. Solid Waste The amendment could result in an additional 25.3 tons per year of solid waste generated. All solid waste disposal is handled by Pinellas County at the Pinellas County Waste -to -Energy Plant and the Aridgeway Acres Sanitary Landfill which has significant capacity. Additionally, the City provides a full-service citywide recycling program which diverts waste from the landfill, helping to extend the life span of Bridgeway Acres. There is excess solid waste capacity to serve the amendment area. Parkland The City's adopted LOS for parkland acreage, which is 4 acres per 1,000 population, will not be impacted by this proposed amendment. Under both the existing and proposed land use, the LOS citywide will remain at 15.46 acres per 1,000 population. Con-jt-ilmity Development Board March 21 2017 1 t 11"2016 08009 Page 7 of 4 MNet Change Site Area 0.72 .AC 0.72 AC (31,363 SF) (31,363 SF) Maximum 0 DUs 10 DUs 10 DUs Development 3,136 SF 15,681 SF 12,545 SF Potential 0.10 FAR 0.50 FAR 0.40 FAR Abbreviations: FLUM —Future Land Use Map DUs — Dwelling Units AC — Acres FAR — Floor Area Ratio SF — Square feet As shown in the table, there is an increase in development potential across the amendment area which would affect public facilities as detailed further below. The following analysis compares the maximum potential development of the proposed Residential Medium (RM) land use developed with residential use (10 ICUs) to the maximum development potential of the existing Preservation (P) future land use category (3,136 SF). Potable Water The additional development potential from this amendment would result in an increase in potable water use of 2,604 gallons per day. This is determined by taking the potential potable water utilization of the proposed land use (2,604 gallons per day) and subtracting the maximum development potential of the current land use designations (zero gallons per day). The City's current potable water demand is 11.4 million gallons per day. The City's adopted level of service (LOS) standard to potable water is 120 gallons per capita per day, while the actual usage is estimated to be 89 gallons per capita per day. Therefore, there is excess water capacity to serve the amendment area. Wastewater The amendment could result in additional generation of 2,343 gallon per day of wastewater. The subject property is served by the Northeast Water Pollution Control facility, which presently has excess capacity estimated to be 6.85 million gallons per day. Therefore, there is excess sanitary sewer capacity to serve the amendment area. Solid Waste The amendment could result in an additional 25.3 tons per year of solid waste generated. All solid waste disposal is handled by Pinellas County at the Pinellas County Waste -to -Energy Plant and the Aridgeway Acres Sanitary Landfill which has significant capacity. Additionally, the City provides a full-service citywide recycling program which diverts waste from the landfill, helping to extend the life span of Bridgeway Acres. There is excess solid waste capacity to serve the amendment area. Parkland The City's adopted LOS for parkland acreage, which is 4 acres per 1,000 population, will not be impacted by this proposed amendment. Under both the existing and proposed land use, the LOS citywide will remain at 15.46 acres per 1,000 population. Con-jt-ilmity Development Board March 21 2017 1 t 11"2016 08009 Page 7 of 4 PLANNING B DEVELOPMENT LONG RANGE PLANNING DIVISION Stormwater The amendment area is proposed to be integrated into the multi -family redevelopment already under construction. The SWFWMD permit does not require mitigation for the permitted wetland impacts. The current phase of development has an active building construction permit from the City of Clearwater and the stormwater management system for the site, including a future Phase Two, will be required to meet all City and SWFWMD stormwater management criteria. Streets The subject property is generally located south of Montclair Road, west of Belcher .Road, north of Sunset Point Road. The amendment could result in an additional 69 trips per day based on typical traffic impacts figure (trips per day per acre) in the Countywide Rules for the current and proposed land use category. The property has access to Montclair Road, a local road, which connects directly to Belcher Road, a six -lane, divided facility that is classified as a signalized arterial and maintained by Pinellas County. The intersection of Montclair Road and Belcher Road is signalized. The Pinellas County Metropolitan Planning Organization's (MPO's) 2016 Level of Service Report shows the level of service (LOS) for Belcher Road within the vicinity of the subject property is "C." This LAS determination is based on the 2015 average annual daily traffic (MDT) volume of 28,311. The volume -to - capacity ratio for this facility is 0.581. Therefore, this segment of Belcher Road is not a deficient roadway. The number of new daily or peak hour trips will be for the development project determined at the time of site plan review and impacts will be assessed under the City's Mobility Management System in the Community Development Code. However, there is adequate roadway capacity to accommodate the maximum anticipated new daily trips resulting from the amendment. Recommended Conclusions of Law: Based upon the findings of fact, it is determined that the proposed change will not result in the degradation of the existing levels of service for potable water, sanitary sewer, solid waste, parkland, and stormwater management and standards for traffic. Impact on Natural Resources (Section 4-603.F'.51 Recommended Findings of Fact: Wetlands are located on the subject property, but the applicant has received a permit from SWFWMD to permanently fill 0.72 acres (the proposed amendment area). Surrounding wetlands not included in the SWFWMD permit will be protected through the Community Development Code's requirement that a vegetative buffer shall be provided on all lands within 25 feet of any property designated on the Zoning Atlas as Preservation (P), or any property determined to be wetlands under the jurisdiction of the State of Florida ("jurisdictional wetlands"); and all lands within 15 feet of the top of the bank of any creeks, channels, or related waterways which contain jurisdictional wetlands. Recommended Conclusions of Law: Any proposed redevelopment is required to be compliant with the City's tree preservation, landscaping, storm water management and wetland vegetative buffer requirements. Based upon the findings of fact, it is determined that the proposed Future Land Use Map amendment will not negatively impact natural resources on the subject parcels. t omfinlni1v Developinenl Board March 21. 2017 1 .l f P2016 08008 Page 8 of 9 PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION SUMMARY AND RECOMMENDATION: No amendment to the Comprehensive Plan or Future Land Use Map shall be recommended for approval or receive a final action of approval unless it complies with the standards contained in Section 4-603Y, Community Development Code. Table 3 below depicts the consistency of the proposed amendment with the standards pursuant to Section 4-603.F: Table 3. Standards -for Land Use Plan Amendments Based on the foregoing, the Planning and Development Department recommends the following action: Recommend APPROVAL of the Future Land Use Map Amendment from Preservation (P) to Residential Medium (RM). Prepared by Planning and Development Department Staff: ATTACHMENTS: Ordinance No. 8980-17 Ellen Crandall Senior Planner Resume Photographs of Site and Vicinity Community I)evelopnnent Board March ? I M 1 7 1 i 1132016 08008 Page 1) -t 9 F.1 The amendment will further implementation of the X Comprehensive Pian consistent with the goals, policies and objectives contained in the Plan. F.2 The amendment is not inconsistent with other provisions X of the Comprehensive Plan. F.3 The available uses, if applicable, to which the properties X may be put are appropriate to the properties in question and compatible with existing and planned uses in the F.4 area. Sufficient public facilities are available to serve the X properties. F.5 The amendment will not adversely affect the natural X environment. F.6 The amendment will not adversely impact the use of x ro erties in the immediate area. Based on the foregoing, the Planning and Development Department recommends the following action: Recommend APPROVAL of the Future Land Use Map Amendment from Preservation (P) to Residential Medium (RM). Prepared by Planning and Development Department Staff: ATTACHMENTS: Ordinance No. 8980-17 Ellen Crandall Senior Planner Resume Photographs of Site and Vicinity Community I)evelopnnent Board March ? I M 1 7 1 i 1132016 08008 Page 1) -t 9 . _,,4h Crandall, Ellen From: Fisher, Linda A [Ifisher@co.pinellas.fl.us] Sent: Wednesday, March 01, 2017 1:34 PM To: Matzke, Lauren; Crandall, Ellen Cc: Chatman, Rodney S; Burks, Brett C; Parinello, Alicia Subject: RE: Montclair Road/Belcher Road map issue Attachments: ppcl 309-3b4. pdf Lauren and Ella, You're correct, according to our records, the amendment was approved in October 2013 subject to the amendment of the SNCC, which was also approved. It looks like there was a minor GIS error that became visible when we converted to the new categories—we will fix. Thanks for bringing it to our attention! Linda FOR WARDLinda Fisher, AICP � � �� Principal Planner Direct: 727-464-8220 Main: 727-464-8250 forwardpinellas.org Forward Pinellas serves as the planning council and metropolitan planning organization for Pinellas County. All government correspondence is subject to the public records law. From: Lauren.Matzke@MvClearwater.com[ma iIto: Lauren.Matzke@MvClearwater.com] Sent: Wednesday, March 01, 201712:33 PM To: Fisher, Linda A <Ifisher@co.pinellas.fl.us> Cc: EIIen.Crandall@MyClearwater.com Subject: Montclair Road/Belcher Road map issue Linda, Ella is processing a request to amend a portion of the former Webb Nursery site on Montclair & Belcher, just north of Sunset Point. She brought it to my attention that the Countywide Map shows the majority of the site as RLM, but it should show as RM. I don't have the final letter from PPC handy, but I attached our transmittal letter from the previous amendment of the site when we originally requested RM. I know at the time we also had to amend the Scenic Noncommercial Corridor Map. Can you pull up records and confirm? If you look closely, the tiny bit of land at Belcher/Sunset is shown as RM, but the remainder is RLM. Thanks, Lauren ...>�...�.� y«.. . . z: .... Lauren Matzke, AI(2 Planning Manager, Long RnePlanmm Division Planning & Development Department, Olyo Clearwater P+ 727.562.45471 FA»727.562.4 35 EBu@mmalkamvler keEcm PINELLAS PLANNING COUNCIL AGENDA MEMORANDUM AGENDA ITEM: III B-4. MEETING DATE: September 11, 2013 SUBJECT. Amendment of the Countywide Future Land Use Plan Map FROM. Residential Urban (RU), Preservation (P), Water, and Water/Drainage Feature Overlay (W/DF) TO: Residential Medium (RM), Preservation (P), Water, and Water/Drainage Feature Overlay (W/DF) AREA: 23.8 Acres m.o.l. CASE #: CW 13-10 JURISDICTION. Clearwater LOCATION: 2200 and 2251 Montclair Road RECOMMENDATION: Council Recommend To The Countywide Planning Authority That The Proposed Map Amendment To Residential Medium, Preservation, Water, And Water/Drainage Feature Overlay Be Approved Subject To An Amendment Of The Scenic/Non-Commercial Corridor Submap 1 To Expand The Mixed-Use Subclassification To Include The Residential Medium Category Area Northeast Of Beckett Lake. Separately And In Addition It Is Recommended That The City of Clearwater Give Special Consideration To The Improvement Of The Site With Respect To The Buffering. And Landscaping Guidelines Of The Scenic/Noncommercial Corridor Master Plan. I. BACKGROUND This proposed amendment is submitted by the City of Clearwater and seeks to reclassify two parcels totaling 23.8 acres from Residential Urban (RU) (12.0 acres), Preservation (P) (5.0 acres), Water (6.8 acres), and Water/Drainage Feature Overlay (W/DF) to Residential Medium (RM) (14.0 acres), Preservation (P) (3.5 acres), Water (6.3 acres), and Water/Drainage Feature Overlay (W/DF). The northeastern portion of the site (fronting Belcher Rd. and Montclair Rd.), is developed with Webb's Nursery (formerly Beckett Lake Nursery). The northwestern portion of the site (fronting Montclair Rd.) is developed with a single -family home. The remainder of the site is unimproved, contains some wetlands, and a portion of Beckett Lake. The property owner is intending to keep the single -family residence parcel unchanged and continue to operate the nursery on the second parcel until it is sold for future residential redevelopment. PINELLAS PLANNING COUNCIL ACTION: The Council recommended gpproval of the amendment from Residential Urban, Preservation, Water and Water/Drainage Feature Overlay to Residential Medium, Preservation, Water, and Water/Drainage Feature Overlay subject to enumerated conditions and inclusive of separate and additional recommendation listed above (vote 12-0). COUNTYWIDE PLANNING AUTHORITYACTION. 10/8/13: The Board approved the amendment as recommended by the Council, subject to enumerated condition, and inclusive of separate and additional recommendation vote 6-0). H.•I USERSICountyWde Plan MapW mendments12013109 SeptembertReportsi 13-10 Clw.docz SUBJECT. • Case CW 13-10 —Clearwater 1 - Current Future Land Use 1 Map 2 - Proposed Future Land Use H. FINDINGS Staff submits the following findings in support of the recommendation for approval: A. The proposed amendment is consistent with the criteria for utilization of the Residential Medium, Preservation, and Water categories; B. The proposed Residential Medium category applied to the subject site can be deemed inconsistent to the Residential subclassification of the Scenic/Noncommercial Corridor, but can be deemed consistent with the recommended Mixed -Use subclassification; C. The amendment area is adjacent to Unincorporated Pinellas County, however it will not impact service delivery to this area; and D. The proposed categories either do not involve, or will not significantly impact, the remaining relevant countywide considerations. In consideration of and based upon a balanced legislative determination of the Relevant Countywide Considerations, as they relate to the overall purpose and integrity o the Countywide Plan, it is recommended that the proposed Residential Medium, Preservation. Water, and Water/Drainage Feature Overlay Countywide Plan Map categories be approved. Please see accompanying attachments and documents in explanation and support of the findings. III. PLANNERS ADVISORY COMMITTEE (PAC) The PAC members discussed this case at their September 3, 2013 meeting and recommended approval of the staff recommendation (10-0). 2 SUBJECT. • Case CW 13-10 — Clearwater IV. LIST OF MAPS & ATTACHMENTS Map 1 Current Countywide Plan Map Map 2 Proposed Countywide Plan Map Map 3 Location Map 4 Current Countywide Plan & Jurisdiction Map Map 5 Aerial Map 6 Countywide Scenic/Noncommercial Corridors Map Map 7 Proposed Countywide Scenic/Noncommercial Corridors Map Attachment 1 Council Staff Analysis Attachment 2 Draft PAC Summary Actions Sheet V. SUPPORT DOCUMENTS — available only at www.pinellasplanninl!council.ori! (see September Agenda and then click on corresponding case number). Support Document 1 Disclosure of Interest Forms Support Document 2 Local Government Application c - ....`Pasco -County .. . RD .,. ! l m.� g a 4 _- UCVR WAD14 SUBJECT AREA. U, d W - UNS 7 O RD y A CsWY - O .9' YD' q'171Vf o � J/ a mpml . Y A4 BAY:DR R _ tx E lON RD Y. j p N Z 2 � F 2 Gulf of Mexico y :gam_ w 9t N -0 i j q a• 72ND VE N.� . F i InHA 197 E N n J 1 w V TampaBay Map 1 Location FROM: RU, P, Water, and WIDF Overlay TO: RM, P, Water, and WIDF Overlay AREA: 23.8 Acres CASE#: CW13-10 JURISDICTION: Clearwater NORTH 1 " = 26,000' f PIEELLAS PLANNING ../COUNCIL Map 2 - Current Countywide Plan Map & Jurisdictional Map FROM: RU, P, Water, and W/DF Overlay Jurisdictions TO: RM, P, Water, and W/DF Overlay CLEARWATER 0 AREA: 23.8 UNINCORPORATED CASE #: CW13-10 JURISDICTION: Clearwater A& NORTH 1 "=400' PPCPINELLAS PLANNING COUNCIL Map 3 -Aerial FROM: RU, P, Water, and W/DF Overlay TO: RM, P, Water, and W/DF Overlay AREA: 23.8 CASE M CW13-10 JURISDICTION: Clearwater A& NORTH 1 "=400' �PINFLLAS PLANNING COUNCIL Legend Residential Residential Medium Commercial Public / Semi -Public MEResidential Low Mixed Use Commercial General Preservation � �-. Industrial� ����^a Residential Urban Residential / Office General Transportation / Utility Im Industrial Limited Residential Low Medium Residential ! Oftice r Retail . Special Designations IV✓a:er "Water/Drainage Feature Overlay Map 4 - Current Countywide Plan Map FROM: RU, P, Water, and W/DF Overlay TO: RM, P, Water, and WIDF Overlay AREA: 23.8 CASE #: CW13-10 JURISDICTION: Clearwater Corridor A& NORTH 1 " = 400' IVV/.—'PINELi-As ,COUN',:!L PLANNING Legend Residential Mixed Use Industrial Special Designations - *� ?Water/Drainage Feature Overlay 4Residential Low Residential/Office General�lndustrial Limited Water Public / Semi -Public �ScenidNOncommercial Corridor 'Residential Urban Residential/Office/Retail +Residential Low Medium Commercial Preservation -Commercial General Transpo tation/Utility o1_Residential Medium Map 5 - Proposed Countywide Plan Map FROM: RU, P, Water, and W/DF Overlay TO: RM, P, Water, and W/DF Overlay AREA: 23.8 CASE #: CW13-10 JURISDICTION: Clearwater A& NORTH 1 "=400' I�INELLAS ]AN€d,NG COUNCI i. ' 1' ,alp - axtri � _ � (��•'j+F"�!�.� � `: 77 .b •••• .L - L X..t � •__ __ .__..: - :_;- _.. _ .. Yom• L �.. Ok •_ L i FW -E7 177 MAP 6 Countywide Scenic/Noncommercial Corridors Legend Enhancement connector Residential Unique/Scenic View = Mixed Use = Rural/Open Space CASE #: CW13-10 A& NORTH 1 " = 600 ' PIIV N AS NG Pt�annc COUNCIL PINELLAS CASE #: CW13-10 1 PLANNI=NG \.J COUNCIL Attachment 1 Council Staff Analysis Case CW 13-10: City of Clearwater September 11, 2013 PPC Meeting Relevant Countywide Considerations: 1) Consistency with the Countywide Plan and Rules = The amendment area consists of two parcels totaling 23.8 acres that is occupied by Webb's Nursery on the eastern parcel and a single-family home on the western parcel. The remainder of the site contains wetlands and a portion of Beckett. Lake. The site is proposed to be amended as follows: Countywide Future Land Use Current Acreage Proposed Acreage Residential Urban (RU) Land Use Allowed/Submitted - Preservation (P) 5.0 3.5 Water (Beckett Lake) 6.8 6.3 Residential .Medium (RM) - 14.0 TOTAL 23.8 23.8 There are no development plans proposed for this site at this time. The property owner intends to keep the single family home parcel unchanged. Furthermore, the property owner intends to keep operating the nursery on the eastern parcel until it is sold for future redevelopment. The site is adjoined by the On Top of The World condominium complex and the Villas of Lake Arbor condominium complex on the north (across Montclair Rd.); a retail plaza containing a Publix supermarket, bank, and a gas station on the east (across Belcher Rd.); a Walgreens pharmacy and carwash on the south (across :Sunset Point Rd.), and Emeritus at Beckett Lake assisted living facility on the west, Beckett Lake Estates single-family neighborhood is further to the west, across Beckett Lake. Current and Proposed Residential Dwelling Unit Comparison Residential Units Residential Countywide Future Acres Units Per Land Use Allowed/Submitted Acre RU 11.8 89 7.5 RM 14.0 1 210 15 The Countywide Rules state that the proposed RM category is well-suited to be developed in a moderately intensive residential manner and to serve as a transition between less urban and more urban residential and mixed-use areas.. The proposed RM category (allows up to 15 units per acre) is an appropriate designation for the amendment area as it will serve as a transition from the non-residential uses to the east and south that carry the designations of Residential/Office/Retail (R/O/R) and Commercial General (CG), and the residential neighborhoods to the north and. west designated RU (allows up to 7.5 units per acre) and the residential neighborhood to the northwest designated 'Residential Low Medium (RLM) (allows up to 10 units per acre).. Also.; the proposed RM will be separated from the. adjacent existing residential to the north by Montclair Rd. and the residential. to the west by Beckett: Lake. The site is served by a thoroughfare network, with direct access onto Montclair Rd., a collectorioadway, :and. is adjacent to Belcher Rd, an arterial. The Countywide Runes state that the current RU category. (allows up to 7.5 units per acre) should be developed .in an urban low density residential manner .and to recognize areas primarily well-suited for residential uses, and are consistent with the urban qualities and natural resource characteristics of such areas. The current RU category is :an. appropriate designation for this site as it is consistent with the surrounding land use and low density residential developments.. The Preservation category on the eastern parcel is proposed; :to be modified to identify wetlands established by jurisdictional wetland survey. There are no proposed :changes to the Preservation category .on the western parcel, but should a site plan or jurisdictional survey be approved, the City should adjust the Preservation boundary utilizing the Council's map adjustment process.. The area designated by the Preservation category, along with Beckett Lake (designated Water) will also serve as a buffer between the proposed RM and the single-family neighborhood to the west. The Water/Drainage Feature Overlay will be modified to accurately identify those water bodies and drainage areas identified on. the site. Therefore, the proposed RM category .can be deemed consistent with this Relevant Countywide Consideration. 2) Adopted Roadway Level of Service (LOS) Standard —The amendment area will not impact a roadway with a LOS below "D." 3) Location on a Scenic/Non-Commercial Corridor (SNCL) — The amendment area is located on the west side of .Belcher Rd., which is designated as a Primary SNCC with this portion of the corridor having a subclassification of "Residential" (see Map 6). 2 The intent and purpose of the SNCC designation is to guide the preservation and enhancement of scenic qualities, to ensure the integrity of the Countywide Future Land Use Plan, and to maintain and enhance the traffic operation of these significant roadway corridors in Pinellas County. The classification extends for 500 feet from the edge of the right-of-way. The principal objectives of SNCC designations are: • To preserve and enhance scenic qualities found along these corridors and to foster community awareness of the scenic nature of these corridors; • To encourage superior community design and enhanced landscape treatment, both outside of and within the public right -of way; • To :encourage land uses along these corridors which contributeto an integrated, well planned and visually pleasing development pattern, while discouraging the proliferation of commercial, office, industrial or intense residential development beyond areas specifically designated for such uses on the Future Land Use Plan; • To assist in maintaining the traffic operation of roadways within these corridors through land use type and density/intensity controls, and by conformance to access management regulations, by selective. transit route location, and by the development of integrated and safe pedestrian and bicycle access systems; • To encourage design standards identified within the "Pinellas County Countywide Scenic/Noncommercial Corridor .Master Plan" through the adoption of local ordinances and regulations consistent with those standards set forth within the Master Plan. The "Future Land Use Plan/Corridor Classification Consistency Guidelines" of the Countywide Rules state that. the requested Residential Medium category is not considered to be compatible with the "Residential" subclassification. The Residential Medium category is considered incompatible with the Residential. SNCC subclassification. So, in order to approve the amendment, either the subclassification must be amended (in this case from Residential to either a Mixed -Use or an Enhancement Connector) or an exception to the SNCL guidelines must be approved. Staff has concluded that an exception should not be given in this particular case but that a concurrent change to the Mixed -Use SNCC subclassification is justified, due to the site's proposed density and the adjacency 3 to an existing .Mixed -Use node to on the east side of Belcher Rd (see Map 7). This change to the Mixed -Use subclassification would cause the RIvI category to be considered consistent with the SNCC policies. Therefore, with the change to the Mixed -Use subclassification, the amendment can be considered consistent with this Relevant Countywide Consideration. 4) Coastal Hiph. Hazard Areas (CHHA) —The amenchnent area. is not located in a CHHA, so these policies are not applicable:. 5) Designated. Development/Redevelopment Areas — The amendment area is not located in, nor does it impact, a designated development or redevelopment area. 6) Adjacent To or Impacting An Adjoining Jurisdiction or Public Educational Facility — The amendment area is adjacent to Unincorporated Pinellas County on the north (across Montclair Rd.). This amendment will not impact service delivery to this unincorporated area. Additionally, the amendment area does not adjoin, nor will it impact,. a public educational facility. Therefore, this" request can be considered consistent with this Relevant Countywide Consideration. Conclusion: On balance, it can be concluded that the requested amendment. from RU, P, Water, and WIDF Overlay to RM, P, Water, and WIDF Overlay is deemed consistent with the Relevant Countywide Considerations. found in the Countywide Rules Attachment 2 PAC AGENDA — SUMMARY AGENDA ACTION SHEET DATE: September 3, 2013 ITEM ACTION TAKEN VOTE 1. .MINUTES OF REGULAR PAC MEETING OF Approved Motion: Dean Neal Second: Marie Dau hinais 10-0 JULY 1, 2013 11. REVIEW OF PPC AGENDA FOR SEPT. 11 2013A ft Nr. ed on: Dean Neal d: Bob Klute 10-0 A. Subthreshold Land Use Plan Amendments -� is Case CW 13-7: Pinellas County 2. Case CW 13-8: Pinellas County A ro � Motion: n Neal Second: R e Vincent 10-0 B_ Regular Land Use Plan Amendments - 3. Case CW 13-9: City ofCl ater {McMullen- •:} Rd .j +` oved inclu . e of se crate 10-0 . radditional racy .emendation otion: Dean Neal -cond: Renea Vincent 4. Case CW 13-10: City of Clea Y ter tclair Ro Awed subiect to amendment 10-0 of the enic/Noncommercial IWO 1 to expand the ,dosubmap nibd use subclassification to include the Residential Medium Category area northeast of Beckett Lake and inclusive of the separate and additional recommendation. Motion. Dean Neal Second: Marie Dau hinais 5. Case 3-11: City . Oldsmar Approved recommendation subject 10-0 to the enumerated condition Motion: Dean Neal Second: Jan Norso h C. Proposed Minor Plan Mange to Beach by Recommended Receive and Accept for transmittal to the Countywide Planning Authority 10-0. Design. Special Area Plan — Case CW 01-25 (SAP Change No. 7-2013) for Receipt and Acceptance Motion: Dean Neal Second: Renea Vincent D. CPA Actions — July and August 20 l 3 No Action — Information Only E. Annexation Report — July and August 2013 No Action — Information Only Support Document I DISCLOSURE OF INTEREST STATEMENT PINELLAS COUNTY PLANNING.COUNCIL CASE NUMBER SUBMITTING GOVERNMENT ENTITY: PPC OR CITY/TOWN CASE NUMBER: PROPERTY OWNERS: REPRESENTATIVE: CITY OF CLEARWATER LUP2013-04002 WEBB'S NURSERY, INC. DAVID B. AND SHARON WEBB E.D. ARMSTRONG, ESQUIRE; HILL WARD AND HENDERSON ANY OTHER PERSONS ,HAVING ANY OWNERSHIP INTEREST IN THE SUBJECT PROPERTY: No. Interests:. Contingent: Absolute: `Name: Specific Interest Held: INDICATION AS TO WHETHER A CONTRACT EXISTS FOR SALE OF SUBJECT PROPERTY, IF SO.- No. Contract is; Contingent: Absolute: All Parties. To Contract: Name: INDICATION AS TOWHETHER THERE ARE ANY OPTIONS TO PURCHASE SUBJECT PROPERTY, IF SO: None. Name: Name: ANY OTHER PERTINENT INFORMATION WHICH APPLICANNT MAY WISH TO SUBMIT PERTAINING TO REQUESTED PLAN AMENDMENT: * NUMBER TO BE ASSIGNED BY PLANNING COUNCIL STAFF S (Planning DepartmenACD BtL d Use AmendmentsUctive CasesWontclair Rd 2200 And 2251 LUP2013-04002 - Webb NurserylPP01 UP2013-04002 PPC Disclosure Statement.Doe. Support Document 2 APPLICATION FOR COUNTYWIDE FUTURE LAND USE PLAN AMENDMENT Please include all information below to ensure the application for Countywide Plan Map amendment can be processed. If additional space is needed, please number and attach additional sheets. Countywide Plan Map Information 1. Current Countywide FLUP Designation(s) 2.. Proposed Countywide FLUP Designation(s) Local Plan Map Information 1. Local Map Amendment Case Number 2. Current Local Plan Designation(s) Current. Local Zoning Designation(s) 4. Proposed Local Plan Designation(s) 5. Proposed Local Zoning Designation(s) Residential Urban (RUU Preservation (P) Water/Drainage Feature (WATER) Residential. Medium (RM) Preservation (P) Water/Drainage Feature (WATER) LUP2013-04002 Residential Urban (RU) Preservation (P) Water/Drainage Feature (WATER) RPD -7.5, Residential Planned Development Residential Medium (RM) Preservation (P) Water/Drainage Feature (WATER) Medium High Density Residential (MHDR) Site and Parcel Information 1. Parcel number(s) of area(s) proposed to be amended - Sec/Twp/Rng/Sub/Blk/Lot (and/or legal description, as necessary) 06-29-16-00000-230-0200 06-29-16-00000-23.0=0100 2. Location 3. Acreage. 4. Existing use(s) 5. Existing density and/or floor area ratio 2200 and 2251 Montclair Road 23.75 acres Plant nursery, single family home 0.02 FAR 1 dwelling unit 6. Name of project (if applicable) NIA Local Action 1. Date local ordinance was considered at public hearing and authorized by an affirmative vote of the governing body for transmittal of, and concurrence with, the local government" future land use plan map amendment. July 18, 2013 2. If the local government chooses to 'submit a development agreement in support of this application, the date the agreement. was approved at public hearing by the. legislative body. Any development. agreement submitted as part of an application for Countywide Plan Map amendment may become a condition of approval of the amendment and will be subject to the provisions of Section 5.1.4 of the Countywide Rules. N/A Other Items to Include 1. Cover letter or email to the Executive Director indicating the request for Countywide Plan Map amendment, including ordinance number, ordinance status, and local action to date. 2 Copy oflocal ordinance. I If applicable, a copy of the development agreement approved by the ;legislative body and executed by the applicant property owner and other private'party(ies) to the <agreement. 4. Disclosure of Interest Statement. 5. Staff report. b. .Local plan and zoning maps showing amendment area. 7. If applicable, proposed demarcation line for environmentally sensitive areas. Forms available online at www: pinellMplanninQcouncil.orglamendment:htm 6.5.4.3 Amendments to Special Centers and Special Corridors. 6.5.4.3.1 The Special Centers and Special Corridors plan subcategories of the Activity Center and Multimodal Corridor plan categories are eligible to be amended per the Tiered Review Process outlined in Section 6.1.2, and as outlined below in Sections 6.5.4.3.2 through 6.5.4.3.4. 6.5.4.3.2 An .amendment to a Special Center or Special Corridor, including any locally adopted character district or subcategory within, that does not change the boundaries, permitted uses, or density/intensity standards applicable to the Special Center or Special Corridor shall be classified as a Tier I map amendment. 6.5.4.3.3 An amendment to a Special Center or Special Corridor, including any locally adopted character district or subcategory within, that changes the boundaries, permitted uses, or any other substantive integral component of the plan applicable to the Special Center or Special Corridor shall be classified as a Tier II map amendment, except for amendments to density or intensity standards which are governed by the provisions of Section 6.5.4.3.4. 6.5.4.3.4 An amendment that changes the density and/or intensity standards applicable to a Special Center or Special Corridor, including any locally adopted character district or subcategory within, which does not cause the density and/or intensity standards to exceed those of the corresponding Activity Center or Multimodal Corridor subcategory consistent with the locational characteristics provisions of Section 2.3.3.14 and Section 2.3.3.15, shall be classified as a Tier II map amendment. An amendment that changes the density and/or intensity standards applicable to a Special Center or Special Corridor, including any locally adopted character district or subcategory within, which causes the density and/or intensity standards to exceed those of the corresponding Activity Center or Multimodal Corridor subcategory consistent with the locational characteristics provisions of Section 2.3.3.14 and Section 2.3.3.15, shall be classified as a Tier III map amendment. 6.5.4.4 Transit Station Plans. 6.5.4.4.1 Purpose and Utilization. Transit station plans identify conditions, policies, regulations and incentives encouraging compact, mixed-use development within walking distance of a transit station. The utilization of the Activity Center category's Transit Station Center sub -category provisions requires a transit station plan, with such plan boundaries typically extending a half -mile from the center of the transit station center, but shorter or longer distances may be permitted if justified by the local government(s) with jurisdiction. 6.5.4.4.2 Optional Inclusion of Adjacent Transit Corridors. Transit station plans are encouraged to incorporate planning for the transit corridors connecting the transit station center to other such facilities. Such corridors may be designated with the Multimodal Corridor Countywide Rules 6-24 May 31, 2016 Statutes & Constitution :View Statutes : Online Sunshine Page 1 of 1 Select Year: 2016 V Go The 2016 Florida Statutes Title XIII Chapter 189 View Entire PLANNING AND UNIFORM SPECIAL DISTRICT Chapter DEVELOPMENT ACCOUNTABILITY ACT 189.02 Dependent special districts.— (1) A charter for the creation of a dependent special district created after September 30, 1989, shall be adopted only by ordinance of a county or municipal governing body having jurisdiction over the area affected. (2) A county is authorized to create dependent special districts within the boundary lines of the county, subject to the approval of the governing body of the incorporated area affected. (3) A municipality is authorized to create dependent special districts within the boundary lines of the municipality. (4) Dependent special districts created by a county or municipality shall be created by adoption of an ordinance that includes: (a) The purpose, powers, functions, and duties of the district. (b) The geographic boundary limitations of the district. (c) The authority of the district. (d) An explanation of why the district is the best alternative. (e) The membership, organization, compensation, and administrative duties of the governing body. (f) The applicable financial disclosure, noticing, and reporting requirements. (g) The methods for financing the district. (h) A declaration that the creation of the district is consistent with the approved local government comprehensive plans. (5) The Legislature may create a dependent special district by special act at the request or with the consent of the local government upon which the special district will be dependent. History.—s. 7, ch. 89-169; s. 7, ch. 97-255; s. 16, ch. 2014-22; s. 5, ch. 2016-22. Note.—Former s. 189.4041. Copyright © 1995-2017 The Florida Legislature • Privacy Statement • Contact Us http://www.leg. state.fl.us/STATUTES/index.cfm?App_mode=Display—Statute&Search_St... 3/23/2017 Statutes & Constitution :View Statutes : Online Sunshine Page 1 of 1 Select Year: 2016 u Go The 2016 Florida Statutes Title XIII Chapter 189 View Entire PLANNING AND UNIFORM SPECIAL DISTRICT Chapter DEVELOPMENT ACCOUNTABILITY ACT 189.03 Statement of legislative purpose and intent; independent special districts.— (1) The Legislature finds that: (a) There is a need for uniform, focused, and fair procedures in state law to provide a reasonable alternative for the establishment, powers, operation, and duration of independent special districts. (b) It is in the public interest that any independent special district created pursuant to state law not outlive its usefulness and that the operation of such a district and the exercise by the district of its powers be consistent with applicable due process, disclosure, accountability, ethics, and government -in - the -sunshine requirements which apply both to governmental entities and to their elected and appointed officials. (2) It is the policy of this state: (a) That independent special districts may be used by the private and public sectors, as authorized by state law, to manage, own, operate, construct, and finance basic capital infrastructure, facilities, and services. (b) That the exercise by any independent special district of its powers complies with all applicable laws, rules, and regulations. (3) It is the legislative intent to authorize a uniform procedure by general law to create an independent special district and to provide by general law for the uniform operation, exercise of power, and procedure for termination of any such independent special district. (4) The Legislature finds and declares that: (a) Growth and development issues transcend the boundaries and responsibilities of individual units of government, and often no single unit of government can plan or implement policies to deal with these issues without affecting other units of government. (b) The provision of capital infrastructure, facilities, and services for the preservation and enhancement of the quality of life of the people of this state may require the creation of multicounty and multijurisdictional districts. History.—s. 2, ch. 89-169; s. 9, ch. 2014-22. Note.—Subsections (1)-(3) former s. 189.402(3)-(5); subsection (4) former s. 189.402(8). Copyright ©1995-2017 The Florida Legislature • Privacy Statement • Contact Us http://www.leg. state. fl.us/STATUTE S/index. cfm?App_mode=Display_Statute& Search_St... 3/23/2017 Statutes & Constitution :Search Statutes : Online Sunshine The 2016 Florida Statutes Title XIII PLANNING AND Select Year: 2016 v Go Page 1 of 1 Chapter 189 View Entire UNIFORM SPECIAL DISTRICT Chapter DEVELOPMENT ACCOUNTABILITY ACT 189.021 Refund of certain special assessments.— If a dependent special district has levied assessments for an improvement or specialized function for which it was created; no bonds have been issued against which the special assessments are pledged; and the county or municipality which created the special district determines that the demand for the improvement or function no longer exists or the majority of the land against which the special assessments were authorized has been purchased by a tax-exempt governmental agency to be preserved for environmental purposes and which cannot receive the benefit for which the assessments were levied, unspent and unobligated moneys collected as assessments, along with any interest collected thereon, shall be refunded to the original payors of the assessments when the costs of distributing the refund do not exceed the amount available for refund. This section shall operate retroactively to January 1, 1987. History.—s. 12, ch. 97-255; s. 26, ch. 2014-22. Note.—Former s. 189.4047. Copyright ©1995-2017 The Florida Legislature • Privacy Statement • Contact Us http://www.leg.state.fl.us/STATUTES/index.cfm?App—mode=Display—Statute&Search St... 3/23/2017 Statutes & Constitution :Search Statutes : Online Sunshine Page 1 of 1 Select Year: 2016 V Go The 2016 Florida Statutes Title XIII Chapter 189 View Entire PLANNING AND UNIFORM SPECIAL DISTRICT Chapter DEVELOPMENT ACCOUNTABILITY ACT 189.022 Status statement.—The charter of a newly created dependent special district shall contain, and where practical and feasible, the charter of an existing dependent special district shall be amended to contain, a reference to the status of the special district as dependent. When necessary, the status statement shall be amended to conform to the department's determination or declaratory statement regarding the status of the district. History.—s. 6, ch. 2016-22. Copyright © 1995-2017 The Florida Legislature • Privacy Statement • Contact Us http://www.leg.state.fl.us/STATUTES/index.cfm?App_ node=Display_Statute&Search_St... 3/23/2017 Statutes & Constitution :View Statutes : Online Sunshine Page 1 of 4 Select Year: 2016 v Go The 2016 Florida Statutes Title XI Chapter 163 View Entire COUNTY ORGANIZATION AND INTERGOVERNMENTAL Chapter INTERGOVERNMENTAL RELATIONS PROGRAMS 163.360 Community redevelopment plans.— (1) Community redevelopment in a community redevelopment area shall not be planned or initiated unless the governing body has, by resolution, determined such area to be a slum area, a blighted area, or an area in which there is a shortage of housing affordable to residents of low or moderate income, including the elderly, or a combination thereof, and designated such area as appropriate for community redevelopment. (2) The community redevelopment plan shall: (a) Conform to the comprehensive plan for the county or municipality as prepared by the local planning agency under the Community Planning Act. (b) Be sufficiently complete to indicate such land acquisition, demolition and removal of structures, redevelopment, improvements, and rehabilitation as may be proposed to be carried out in the community redevelopment area; zoning and planning changes, if any; land uses; maximum densities; and building requirements. (c) Provide for the development of affordable housing in the area, or state the reasons for not addressing in the plan the development of affordable housing in the area. The county, municipality, or community redevelopment agency shall coordinate with each housing authority or other affordable housing entities functioning within the geographic boundaries of the redevelopment area, concerning the development of affordable housing in the area. (3) The community redevelopment plan may provide for the development and implementation of community policing innovations. (4) The county, municipality, or community redevelopment agency may itself prepare or cause to be prepared a community redevelopment plan, or any person or agency, public or private, may submit such a plan to a community redevelopment agency. Prior to its consideration of a community redevelopment plan, the community redevelopment agency shall submit such plan to the local planning agency of the county or municipality for review and recommendations as to its conformity with the comprehensive plan for the development of the county or municipality as a whole. The local planning agency shall submit its written recommendations with respect to the conformity of the proposed community redevelopment plan to the community redevelopment agency within 60 days after receipt of the plan for review. Upon receipt of the recommendations of the local planning agency, or, if no recommendations are received within such 60 days, then without such recommendations, the community redevelopment agency may proceed with its consideration of the proposed community redevelopment plan. (5) The community redevelopment agency shall submit any community redevelopment plan it recommends for approval, together with its written recommendations, to the governing body and to http://www.leg.state.fl.us/Statutes/index.cfm?mode=View%20Statutes&SubMenu=1 &App... 3/23/2017 Statutes & Constitution :View Statutes : Online Sunshine Page 2 of 4 each taxing authority that levies ad valorem taxes on taxable real property contained within the geographic boundaries of the redevelopment area. The governing body shall then proceed with the hearing on the proposed community redevelopment plan as prescribed by subsection (6). (6)(a) The governing body shalt hold a public hearing on a community redevelopment plan after public notice thereof by publication in a newspaper having a general circulation in the area of operation of the county or municipality. The notice shalt describe the time, date, place, and purpose of the hearing, identify generally the community redevelopment area covered by the plan, and outline the general scope of the community redevelopment plan under consideration. (b) For any governing body that has not authorized by June 5, 2006, a study to consider whether a finding of necessity resolution pursuant to s. 163.355 should be adopted, has not adopted a finding of necessity resolution pursuant to s. 163.355 by March 31, 2007, has not adopted a community redevelopment plan by June 7, 2007, and was not authorized to exercise community redevelopment powers pursuant to a delegation of authority under s. 163.410 by a county that has adopted a home rule charter, the following additional procedures are required prior to adoption by the governing body of a community redevelopment plan under subsection (7): 1. Within 30 days after receipt of any community redevelopment plan recommended by a community redevelopment agency under subsection (5), the county may provide written notice by registered mail to the governing body of the municipality and to the community redevelopment agency that the county has competing policy goals and plans for the public funds the county would be required to deposit to the community redevelopment trust fund under the proposed community redevelopment plan. 2. If the notice required in subparagraph 1. is timely provided, the governing body of the county and the governing body of the municipality that created the community redevelopment agency shall schedule and hold a joint hearing co-chaired by the chair of the governing body of the county and the mayor of the municipality, with the agenda to be set by the chair of the governing body of the county, at which the competing policy goals for the public funds shall be discussed. For those community redevelopment agencies for which the board of commissioners of the community redevelopment agency are comprised as specified in s. 163.356(2), a designee of the community redevelopment agency shalt participate in the joint meeting as a nonvoting member. Any such hearing must be held within 90 days after receipt by the county of the recommended community redevelopment plan. Prior to the joint public hearing, the county may propose an alternative redevelopment plan that meets the requirements of this section to address the conditions identified in the resolution making a finding of necessity required by s. 163.355. If such an alternative redevelopment plan is proposed by the county, such plan shalt be delivered to the governing body of the municipality that created the community redevelopment agency and to the executive director or other officer of the community redevelopment agency by registered mail at least 30 days prior to holding the joint meeting. 3. If the notice required in subparagraph 1. is timely provided, the municipality may not proceed with the adoption of the plan under subsection (7) until 30 days after the joint hearing unless the governing body of the county has failed to schedule or a majority of the members of the governing body of the county have failed to attend the joint hearing within the required 90 -day period. 4. Notwithstanding the time requirements established in subparagraphs 2. and 3., the county and the municipality may at any time voluntarily use the dispute resolution process established in chapter 164 to attempt to resolve any competing policy goals between the county and municipality related to the community redevelopment agency. Nothing in this subparagraph grants the county or the municipality the authority to require the other local government to participate in the dispute resolution process. http://www.leg.state.fl.us/Statutes/index.cfm?mode=View%20Statutes&SubMenu=1 &App... 3/23/2017 Statutes & Constitution :View Statutes : Online Sunshine Page 3 of 4 (7) Following such hearing, the governing body may approve the community redevelopment and the plan therefor if it finds that: (a) A feasible method exists for the location of families who will be displaced from the community redevelopment area in decent, safe, and sanitary dwelling accommodations within their means and without undue hardship to such families; (b) The community redevelopment plan conforms to the general plan of the county or municipality as a whole; (c) The community redevelopment plan gives due consideration to the utilization of community policing innovations, and to the provision of adequate park and recreational areas and facilities that may be desirable for neighborhood improvement, with special consideration for the health, safety, and welfare of children residing in the general vicinity of the site covered by the plans; (d) The community redevelopment plan will afford maximum opportunity, consistent with the sound needs of the county or municipality as a whole, for the rehabilitation or redevelopment of the community redevelopment area by private enterprise; and (e) The community redevelopment plan and resulting revitalization and redevelopment for a coastal tourist area that is deteriorating and economically distressed will reduce or maintain evacuation time, as appropriate, and ensure protection for property against exposure to natural disasters. (8) If the community redevelopment area consists of an area of open land to be acquired by the county or the municipality, such area may not be so acquired unless: (a) In the event the area is to be developed in whole or in part for residential uses, the governing body determines: 1. That a shortage of housing of sound standards and design which is decent, safe, affordable to residents of low or moderate income, including the elderly, and sanitary exists in the county or municipality; 2. That the need for housing accommodations has increased in the area; 3. That the conditions of blight in the area or the shortage of decent, safe, affordable, and sanitary housing cause or contribute to an increase in and spread of disease and crime or constitute a menace to the public health, safety, morals, or welfare; and 4. That the acquisition of the area for residential uses is an integral part of and is essential to the program of the county or municipality. (b) In the event the area is to be developed in whole or in part for nonresidential uses, the governing body determines that: 1. Such nonresidential uses are necessary and appropriate to facilitate the proper growth and development of the community in accordance with sound planning standards and local community objectives. 2. Acquisition may require the exercise of governmental action, as provided in this part, because of: a. Defective, or unusual conditions of, title or diversity of ownership which prevents the free alienability of such land; b. Tax delinquency; c. Improper subdivisions; d. Outmoded street patterns; e. Deterioration of site; f. Economic disuse; g. Unsuitable topography or faulty lot layouts; http://w,7w.leg.state.fl.us/Statutes/index.cfm?mode=View%20Statutes&SubMenu=1 &App... 3/23/2017 Statutes & Constitution :View Statutes : Online Sunshine Page 4 of 4 h. Lack of correlation of the area with other areas of a county or municipality by streets and modern traffic requirements; or i. Any combination of such factors or other conditions which retard development of the area. 3. Conditions of blight in the area contribute to an increase in and spread of disease and crime or constitute a menace to public health, safety, morals, or welfare. (9) Upon the approval by the governing body of a community redevelopment plan or of any modification thereof, such plan or modification shall be deemed to be in full force and effect for the respective community redevelopment area, and the county or municipality may then cause the community redevelopment agency to carry out such plan or modification in accordance with its terms. (10) Notwithstanding any other provisions of this part, when the governing body certifies that an area is in need of redevelopment or rehabilitation as a result of an emergency under s. 252.34(4), with respect to which the Governor has certified the need for emergency assistance under federal law, that area may be certified as a "blighted area," and the governing body may approve a community redevelopment plan and community redevelopment with respect to such area without regard to the provisions of this section requiring a general plan for the county or municipality and a public hearing on the community redevelopment. History.—s. 7, ch. 69-305; s. 3, ch. 77-391; s. 5, ch. 83-231; s. 6, ch. 83-334; s. 9, ch. 84-356; s. 26, ch. 85-55; s. 3, ch. 93- 286; s. 5, ch. 94-236; s. 3, ch. 98-201; s. 6, ch. 98-314; s. 63, ch. 99-2; s. 4, ch. 2006-307; s. 33, ch. 2011-139; s. 3, ch. 2016- 198. Copyright ©1995-2017 The Florida Legislature • Privacy Statement • Contact Us http://www.leg.state.fl.us/Statutes/index.cfm?mode=View%20Statutes&SubMenu=1 &App... 3/23/2017 Statutes & Constitution :View Statutes : Online Sunshine Page 1 of 2 Select Year: 2016 y Go The 2016 Florida Statutes Title XI Chapter 163 View Entire COUNTY ORGANIZATION AND INTERGOVERNMENTAL Chapter INTERGOVERNMENTAL RELATIONS PROGRAMS 163.361 Modification of community redevelopment plans.— (1) If at anytime after the approval of a community redevelopment plan by the governing body it becomes necessary or desirable to amend or modify such plan, the governing body may amend such plan upon the recommendation of the agency. The agency recommendation to amend or modify a redevelopment plan may include a change in the boundaries of the redevelopment area to add land to or exclude land from the redevelopment area, or may include the development and implementation of community policing innovations. (2) The governing body shall hold a public hearing on a proposed modification of any community redevelopment plan after public notice thereof by publication in a newspaper having a general circulation in the area of operation of the agency. (3)(a) In addition to the requirements of s. 163.346, and prior to the adoption of any modification to a community redevelopment plan that expands the boundaries of the community redevelopment area or extends the time certain set forth in the redevelopment plan as required by s. 163.362(10), the agency shall report such proposed modification to each taxing authority in writing or by an oral presentation, or both, regarding such proposed modification. (b) For any community redevelopment agency that was not created pursuant to a delegation of authority under s. 163.410 by a county that has adopted a home rule charter and that modifies its adopted community redevelopment plan in a manner that expands the boundaries of the redevelopment area after October 1, 2006, the following additional procedures are required prior to adoption by the governing body of a modified community redevelopment plan: 1. Within 30 days after receipt of any report of a proposed modification that expands the boundaries of the redevelopment area, the county may provide notice by registered mail to the governing body of the municipality and the community redevelopment agency that the county has competing policy goals and plans for the public funds the county would be required to deposit to the community redevelopment trust fund under the proposed modification to the community redevelopment plan. 2. If the notice required in subparagraph 1. is timely provided, the governing body of the county and the governing body of the municipality that created the community redevelopment agency shall schedule and hold a joint hearing co-chaired by the chair of the governing body of the county and the mayor of the municipality, with the agenda to be set by the chair of the governing body of the county, at which the competing policy goals for the public funds shall be discussed. For those community redevelopment agencies for which the board of commissioners of the community redevelopment agency are comprised as specified in s. 163.356(2), a designee of the community redevelopment agency shall participate in the joint meeting as a nonvoting member. Any such hearing shall be held within 90 days after receipt by the county of the recommended modification of the adopted community redevelopment http://www.leg.state.fl.us/statutes/index.cfm?mode=View%20Statutes&SubMenu=1 &App... 3/23/2017 Statutes & Constitution :View Statutes : Online Sunshine Page 2 of 2 plan. Prior to the joint public hearing, the county may propose an alternative modified community redevelopment plan that meets the requirements of s. 163.360 to address the conditions identified in the resolution making a finding of necessity required under s. 163.355. If such an alternative modified redevelopment plan is proposed by the county, such plan shall be delivered to the governing body of the municipality that created the community redevelopment agency and the executive director or other officer of the community redevelopment agency by registered mail at least 30 days prior to holding the joint meeting. 3. If the notice required in subparagraph 1. is timely provided, the municipality may not proceed with the adoption of a modified plan until 30 days after the joint hearing unless the governing body of the county has failed to schedule or a majority of the members of the governing body of the county have failed to attend the joint hearing within the required 90 -day period. 4. Notwithstanding the time requirements established in subparagraphs 2. and 3., the county and the municipality may at any time voluntarily use the dispute resolution process established in chapter 164 to attempt to resolve any competing policy goals between the county and municipality related to the community redevelopment agency. Nothing in this subparagraph grants the county or the municipality the authority to require the other local government to participate in the dispute resolution process. (4) A modification to a community redevelopment plan that includes a change in the boundaries of the redevelopment area to add land must be supported by a resolution as provided in s. 163.355. (5) If a community redevelopment plan is modified by the county or municipality after the lease or sale of real property in the community redevelopment area, such modification may be conditioned upon such approval of the owner, lessee, or successor in interest as the county or municipality may deem advisable and, in any event, shall be subject to such rights at law or in equity as a lessee or purchaser, or his or her successor or successors in interest, may be entitled to assert. History.—s. 4, ch. 77-391; s. 6, ch. 83-231; s. 904, ch. 95-147; s. 7, ch. 98-314; s. 5, ch. 2002-294; s. 5, ch. 2006-307. Copyright ©1995-2017 The Florida Legislature • Privacy Statement • Contact Us http://www.leg.state.fl.us/statutes/index.cfm?mode=View%20Statutes&SubMenu=1 &App... 3/23/2017 Statutes & Constitution :View Statutes : Online Sunshine Select Year: 2016 u Go The 2o16 Florida Statutes Page 1 of 2 Title XI Chapter 163 View Entire COUNTY ORGANIZATION AND INTERGOVERNMENTAL Chapter INTERGOVERNMENTAL RELATIONS PROGRAMS 163.362 Contents of community redevelopment plan.—Every community redevelopment plan shall: (1) Contain a legal description of the boundaries of the community redevelopment area and the reasons for establishing such boundaries shown in the plan. (2) Show by diagram and in general terms: (a) The approximate amount of open space to be provided and the street layout. (b) Limitations on the type, size, height, number, and proposed use of buildings. (c) The approximate number of dwelling units. (d) Such property as is intended for use as public parks, recreation areas, streets, public utilities, and public improvements of any nature. (3) If the redevelopment area contains low or moderate income housing, contain a neighborhood impact element which describes in detail the impact of the redevelopment upon the residents of the redevelopment area and the surrounding areas in terms of relocation, traffic circulation, environmental quality, availability of community facilities and services, effect on school population, and other matters affecting the physical and social quality of the neighborhood. (4) Identify specifically any publicly funded capital projects to be undertaken within the community redevelopment area. (5) Contain adequate safeguards that the work of redevelopment will be carried out pursuant to the plan. (6) Provide for the retention of controls and the establishment of any restrictions or covenants running with land sold or leased for private use for such periods of time and under such conditions as the governing body deems necessary to effectuate the purposes of this part. (7) Provide assurances that there will be replacement housing for the relocation of persons temporarily or permanently displaced from housing facilities within the community redevelopment area. (8) Provide an element of residential use in the redevelopment area if such use exists in the area prior to the adoption of the plan or if the plan is intended to remedy a shortage of housing affordable to residents of low or moderate income, including the elderly, or if the plan is not intended to remedy such shortage, the reasons therefor. (9) Contain a detailed statement of the projected costs of the redevelopment, including the amount to be expended on publicly funded capital projects in the community redevelopment area and any indebtedness of the community redevelopment agency, the county, or the municipality proposed to be incurred for such redevelopment if such indebtedness is to be repaid with increment revenues. (10) Provide a time certain for completing all redevelopment financed by increment revenues. Such time certain shall occur no later than 30 years after the fiscal year in which the plan is approved, http://www.leg.state.fl.us/statutes/index.cfm?mode=View%20Statutes&SubMenu=1 &App... 3/23/2017 Statutes & Constitution :View Statutes: Online Sunshine Page 2 of 2 adopted, or amended pursuant to s. 163.361(1). However, for any agency created after July 1, 2002, the time certain for completing all redevelopment financed by increment revenues must occur within 40 years after the fiscal year in which the plan is approved or adopted. (11) Subsections (1), (3), (4), and (8), as amended by s. 10, chapter 84-356, Laws of Florida, and subsections (9) and (10) do not apply to any governing body of a county or municipality or to a community redevelopment agency if such governing body has approved and adopted a community redevelopment plan pursuant to s. 163.360 before chapter 84-356 became a law; nor do they apply to any governing body of a county or municipality or to a community redevelopment agency if such governing body or agency has adopted an ordinance or resolution authorizing the issuance of any bonds, notes, or other forms of indebtedness to which is pledged increment revenues pursuant only to a community redevelopment plan as approved and adopted before chapter 84-356 became a law. History.—s. 5, ch. 77-391; s. 7, ch. 83-231; ss. 10, 22, ch. 84-356; s. 5, ch. 93-286; s. 6, ch. 94-236; s. 6, ch. 2002-294. Copyright © 1995-2017 The Florida Legislature • Privacy Statement • Contact Us http://www.leg.state.fl.us/statutes/index.cfm?mode=View%20Statutes&SubMenu=1 &App... 3/23/2017 Forward Pinellas Guide to Submittal Requirements (last updated on 2/1/17) The various submittals described below may be sent to us via email or regular mail. • For emails, please send to aparinello(c)-forwardpinellas.org with a cc: to rschatman@forwardpinellas.orq and tmjablon(a)forwardpinellas.org. • For regular mail, please send to: Forward Pinellas 310 Court Street, 2nd Floor Clearwater, FL 33756-5137 Attn: Alicia Parinello, Program Planner Consistency Reviews What is a consistency review? Local comprehensive plans and land development regulations are required to be consistent with the future land use categories and standards set forth in the Countywide Rules. Before your local government amends any comprehensive plan or land development code language that addresses a topic covered in the Rules, you will need to submit it to Forward Pinellas for a staff review and consistency determination. [Countywide Rules, Division 3.2 & 3.3.] What types of plan and code amendments are subject to consistency requirements? Plan and code amendments required to be submitted for consistency are those that touch on topics addressed in Article 4 or 5 of the Countywide Rules. Broadly speaking, that includes those addressing the purpose, locational criteria, allowable uses, density/intensity standards, or acreage limitations for any future land use or zoning category; or affecting the criteria for amending future land use or zoning categories in the Coastal High Hazard Area or along a Scenic/Noncommerical Corridor. [Countywide Rules, Section 3.3.1] There is one exception to the above. Plan and/or code text amendments that specifically address standards within the Activity Center or Multimodal Corridor category are classified as Countywide Plan Map amendments. See the next section of this guide for more information on those amendments. [Countywide Rules, Section 6.1.2.2] If you're uncertain about whether an amendment is subject to consistency requirements, you're welcome to request an informal determination from our staff. What are the submittal requirements and timelines for consistency reviews? Plan and/or code amendments need to be submitted at least 21 days prior to the initial public hearing by your governing body. Our staff will respond with a consistency determination within 15 days. [Countywide Rules, Section 3.3.1.1 and 3.3.1.2] Countywide Plan Map Amendments How has the Countywide Plan Map amendment process changed under the new Countywide Plan? Before the new Countywide Plan was adopted in August 2015, the Countywide Plan Map categories were identical to those of local future land use maps (FLUMs), and every local FLUM amendment required a corresponding Countywide Plan Map amendment, with public hearings before the Pinellas Planning Council and Countywide Planning Authority. Under the new plan, the Countywide Plan Map categories are more generalized. While every local FLUM amendment must still be submitted to Forward Pinellas for review, some types of amendments will not trigger a change to the Countywide Plan Map, and will only be reviewed for consistency under the new tiered amendment process, as described below. Do I need to amend my local FLUM categories to match the Countywide Plan Map? No. You may keep your existing FLUM categories, or create new ones with unique names and standards, provided that each FLUM category falls within the standards of a corresponding Countywide Plan Map category. As described in the Required and Optional Provisions section of this guide, you are required to identify a corresponding Countywide Plan Map category for each of your FLUM categories in a table or matrix adopted into your comprehensive plan. [Countywide Rules, Sections 4.2.1.1 and 4.2.2.1] What are the different Countywide Plan Map amendment tiers? Tier I amendments are those for which the existing and proposed FLUM categories fall within the same corresponding Countywide Plan Map category. For example, a FLUM amendment from Commercial Limited to Commercial General would qualify as a Tier I, since both FLUM categories correspond to Retail & Services on the Countywide Plan Map, and no amendment to the latter map would be required. (Note: A table of Tier I amendments for commonly -used local FLUM categories can be found at http://forwardpinellas.org/wp-content/uploads/2016/08/Countywide-Plan-Map-Tier-I-Amendments. pd#.) Plan and/or code amendments pertaining to the Activity Center or Multimodal Corridor category that do not address density, intensity or use standards are also Tier I amendments. [Countywide Rules, Section .6.1.2.1] Tier II amendments include 1) FLUM amendments that require a corresponding amendment to the Countywide Plan Map, and 2) FLUM or text amendments that address density, intensity or use standards within the Activity Center or Multimodal Corridor category and meet the specified locational criteria. [Countywide Rules, Section 6.1.2.2] Tier II amendments of either type are further classified as regular or subthreshold, as discussed below. [Countywide Rules, Section 6.3. 1] Tier III amendments include FLUM or text amendments that address density, intensity or use standards within the Activity Center or Multimodal Corridor category and do not meet the specified locational criteria. [Countywide Rules, Section 6.1.2.3] What's the difference between regular and subthreshold Tier 11 amendments? Subthreshold amendments are considered minor in nature, and are subject to more limited review than regular amendments. If multiple subthreshold amendments are reviewed in a single month, they may be voted on as a group (similar to a consent agenda) by the Planners Advisory Committee, Forward Pinellas Board, and/or Countywide Planning Authority. [Countywide Rules, Division 6.3] 2 �r 1 "An amendment qualifies as a Type A subthreshold if it is: _r — r_ No more than five acres if being amended to the Residential Very Low, Residential Low Medium, �py1�ClUr Y • Residential Medium, Residential High, Office, Resort, Retail & Services, Public/Semi-Public, Recreation/Open Space, or Preservation category; or no more than ten acres if being amended M'Mull?Vlo the Employment (E), Industrial (1), Activity Center (AC), Multimodal Corridor (MMC), or Target W '11 % Employment Center (TEC) category; q3V • Not causing a decrease in acreage of the E, I, AC, MMC, or TEC category; �e-P • Consistent with the purpose and locational characteristics of the proposed category; • Adjacent to a roadway segment with a Level of Service "D" or better, both before and after the amendment (does not apply to amendments to the E, I, AC, MMC, and TEC category); I,\ 4-• Located outside of a designated Scenic/Noncommercial Corridor; • Located outside of a designated Coastal High Hazard Area; • Not located adjacent to another jurisdiction, or there is a cooperative agreement with an adjacent jurisdiction (either written or verbally affirmed during Planners Advisory Committee meeting); and • Does not significantly impact a public education facility. [Countywide Rules, Section 6.3.4.1] An amendment of any size qualifies as a Type B subthreshold if it is: 9� From any category to the Preservation category; or ��' ��• O From any category except Preservation, to the Recreation/Open Space category. [Countywide �.1 Rules, Section 6.3.4.2] An amendment of any size qualifies as a Type C subthreshold if it is: • From a higher -density residential category to a lower -density residential category (for example, from Residential Medium to Residential Low Medium). [Countywide Rules, Section 6.3.4.3] What are the submittal requirements for Countywide Plan Map amendments? All Countywide Plan Map amendment requests must include: • An ordinance being considered by your governing body; • A completed Countywide Plan Map Amendment Application; • A completed Disclosure of Interest Form; and • A map or map series depicting the future land use categories of the subject property and surrounding area, and any other pertinent information. [Countywide Rules, 6.1.4.2] �n Additional requirements for Tier II and III amendments to the AC or MMC category: AG� f • A pre -application meeting with Forward Pinellas staff; KA • Identification of current and proposed FLUM categories and/or character districts within the AC 0 or MMC category, their acreages, and their associated maximum densities/intensities; 1� • A copy of the implementing regulations applicable to the AC or MMC category (e.g., special area h t" '7 plan, corridor plan, comprehensive policies, land development regulations); luA written description of how each of the Planning and Urban Design Principles described in the Q f or, Countywide Plan Strategies, Land Use Goal 16.0, are addressed within the AC or MMC category [Countywide Rules, 6.1.4.3]; and • A transportation impact analysis [Countywide Rules, Section 6.5.3.1.2]. For Tier III amendments, in addition to all of the above requirements, applicants must submit a justification narrative demonstrating that the proposed density/intensity standards are appropriate for the subject area despite not meeting the applicable locational requirements, due to changed conditions or other unique factors. [Countywide Rules, Section 6.1.4.4] 3 How are the locational requirements determined for the AC or MMC categories? When an amendment to the AC or MMC category is proposed, the locational requirements are based on the proposed density and/or intensity. If both density and intensity are being amended and fall into different equivalent subcategories, the more dense/intense of the equivalent subcategories is used. If the amendment area meets the locational requirements for the equivalent subcategory, it is eligible for the Tier II amendment process. Otherwise, the more restrictive Tier III process is used. Activity Center Amendments To be eligible for the Tier II amendment process: An amendment to this density... Must meet the locational requirements for this subcategory... Up to 15 units per acre UPA Neighborhood Center Between 16 and 50 UPA Community Center Between 51 and 75 UPA Major Center An amendment to this intensity... Must meet the locational requirements for this subcategory... Up to .75 floor area ratio FAR Nei hborhood Center Between .76 and 1.50 FAR Community Center Between 1.51 and 2.5 FAR Major Center AC amendments above 75 UPA or 2.5 FAR are evaluated under the Tier III process. Multimodal Corridor Amendments To be eligible for the Tier II amendment process: An amendment to this density... Must meet the locational requirements for this subcategory... Up to 30 UPA Secondary Corridor Between 31 and 40 UPA Primary Corridor An amendment to this intensity... Must meet the locational requirements for this subcategory... Up to 1.0 FAR Secondary Corridor Between 1.01 and 1.50 FAR Primary Corridor MMC amendments above 40 UPA or 1.5 FAR are evaluated under the Tier III process. If an amendment area meets the locational requirements for a given subcategory, it also meets the requirements for less dense/intense subcategories. For example, in an area meeting locational requirements for a Major Center, amendments to densities/intensities equivalent to a Community Center or Neighborhood Center are also eligible for the Tier II process. Local governments can choose to use either UPA or FAR for residential development. For mixed-use projects, either an all-inclusive FAR or a proportionate share of UPA and FAR can be used. There are no separate temporary lodging standards established for the AC or MMC categories. Amendments to temporary lodging standards will be evaluated against the general UPA or FAR standards established for a given subcategory. [Countywide Rules, Sections 2.3.3.14-15 and 6.5.4.3] What are the Tier ll -eligible locations for MMC subcategories? Tier -II eligible locations for the MMC category are those depicted as Primary or Secondary Corridors on the Transit -Oriented Land Use Vision Map, shown below. The location is defined as generally extending a quarter -mile in each direction from the centerline of a given corridor. Where two or more MMC subcategories overlap, the subcategory with the most permissive density and intensity standards takes precedence. [Countywide Rules, Section 2.3.3.15; Countywide Plan Strategies, Land Use Goal 3.0] 4 Transit -Oriented Land Use Vision Map d ` •� - \ ,..<b} �-$ ice. 41 1 t R & Y• s e ?k Legend k 3 a Activity Centers x d Special Centers Major Centers JI,,- 7 �• ' Community Centers. Neighborhood Centers Transit Station Centers ' Multimodal Corridors Special Corridors Primary Corridors p � Secondary Corridors Supporting Corridors ++ Regional Corridors Source: Countywide Plan Strategies, Land Use Goal 3.0, Figure 1 5 What are the Tier /l -eligible locations for AC subcategories? Tier -II eligible locations for the AC subcategories are based on the intersections of the MMC subcategory locations shown on the Vision Map, as well as other major roadway classifications. A table of intersection types and their corresponding Tier 11 -eligible AC subcategories is shown below. MULTIMODAL CORRIDOR SUBCATEGORY INTERSECTIONS' PROVIDING TIER II ELIGIBLE LOCATIONS FOR ACTIVITY CENTER SUBCATEGORIESZ ' As shown on the Transit Oriented Land Use Vision Map. In locations where two or more Multimodal Corridor subcategories are depicted on the same corridor, the subcategory with the most permissive density and intensity standards shall take precedence. Z Local governments may choose to use more restrictive subcategories; for example, at intersections where Major Centers are eligible for the Tier II amendment process, Community Centers and Neighborhood Centers are also eligible. 3 Existing or planned transit stops as identified by the Pinellas County Transit Authority along its Regional Express routes. Source: Countywide Rules, Article 2, Table 2a; Countywide Plan Strategies, Land Use Goal 3.0, Figure 2 Regional Other Primary Secondary Corridor Supporting Arterial Other Collector Corridor Corridor (at transit stop) Corridor Roadway Roadway Primary Major Major Major Community Community Neighborhood Corridor Center Center Center Center Center Center Secondary Major Community Community Community Community Neighborhood Corridor Center Center Center Center Center Center Regional Corridor Major Community Neighborhood Neighborhood Neighborhood Neighborhood (at transit stop)' Center Center Center Center Center Center Supporting Community Community Neighborhood Neighborhood Neighborhood Neighborhood Corridor Center Center Center Center Center Center Other Arterial Community Community Neighborhood Neighborhood Neighborhood Neighborhood Roadway Center Center Center Center Center Center Other Collector Neighborhood Neighborhood Neighborhood Neighborhood Neighborhood Neighborhood Roadway Center Center Center Center Center Center ' As shown on the Transit Oriented Land Use Vision Map. In locations where two or more Multimodal Corridor subcategories are depicted on the same corridor, the subcategory with the most permissive density and intensity standards shall take precedence. Z Local governments may choose to use more restrictive subcategories; for example, at intersections where Major Centers are eligible for the Tier II amendment process, Community Centers and Neighborhood Centers are also eligible. 3 Existing or planned transit stops as identified by the Pinellas County Transit Authority along its Regional Express routes. Source: Countywide Rules, Article 2, Table 2a; Countywide Plan Strategies, Land Use Goal 3.0, Figure 2 How do special area plans adopted prior to the new Countywide Plan fit into the tiered amendment process? When the new Countywide Plan was adopted in August 2015, previously adopted special area plans (SAPs) were designated with the AC or MMC category, utilizing the Special Center or Special Corridor subcategory as depicted on the Transit -Oriented Land Use Vision Map. Because these SAPs were not subject to the same locational requirements that the AC and MMC categories are required to meet under the new plan, the currently adopted density/intensity standards of the Special Centers and Special Corridors will continue to be recognized regardless of whether they would be approved in these locations today. As these Special Centers/Corridors are amended going forward, the current locational requirements are applied to the proposed new densities and intensities. Special Center/Corridor amendments are classified according to the following tiers: Tier I • Special Center/Corridor amendments that do not change the boundaries, permitted uses, density/intensity standards or other substantive component of the SAP. Tier II Subthreshold • An amendment of ten acres or less from another category to the AC or MMC category, which otherwise meets the Type A subthreshold requirements of Section 6.3.4.1. Regular • Amendments to density/intensity standards within the Special Center/Corridor, including within an individual character district, which meet the locational requirements for the equivalent subcategory based on maximum density and/or intensity standards. Any other amendment that changes the boundaries, permitted uses, or other substantive component of the Special Center/Corridor. Tier III • Amendments to density or intensity standards within the Special Center/Corridor, including within an individual character district, that do not meet the locational requirements for the equivalent subcategory based on maximum density and/or intensity standards. Tier III amendments require additional justification for approval. [Countywide Rules, Section 6.5.4.3] How are locational requirements determined for amendments to Special Centers/Corridors? When a Special Center/Corridor amendment is proposed, the equivalent AC or MMC subcategory is determined by the proposed density and/or intensity. If both density and intensity are being amended and fall into different equivalent subcategories, the more dense/intense of the equivalent subcategories is used. If the amendment area meets the locational requirements for the equivalent subcategory, it is eligible for the Tier II amendment process. Otherwise, the more restrictive Tier III process is used. The intersection associated with the amendment area governs the amendment process. [Countywide Rules, Section 6.5.4.3.4] If an amendment to a Special Center falls within an 7 area with no Tier -II eligible intersections, Forward Pinellas staff will make a determination as to the equivalent AC subcategory. What are the submittal and approval timelines for Countywide Plan Map amendments? Tier I amendment requests need to be submitted prior to your first public hearing. Our staff will respond with an administrative review notice within five days. If the amendment increases densities and/or intensities in the Coastal High Hazard Area (CHHA), you will need to have local regulations in place that ensure the consistency of such amendments with the Countywide Rules, as described in the Required and Optional Provisions section of this guide. [Countywide Rules, Section 6.1.2.1] Tier II and III amendment requests need to be submitted immediately following your first public hearing. The amendment will be heard at the next scheduled round of Planners Advisory Committee, Forward Pinellas Board, and Countywide Planning Authority (CPA) meetings following the applicable submittal deadline, as published on http://forwardi)inellas.org/guiding-plans/countywide-plan. Amendments must be approved by the CPA and recorded by the Florida Department of State before they are final. [Countywide Rules, Section 6.1.1] Overall, the countywide review process for Tier II and III amendments takes about 60 to 90 days. Required and Optional Provisions Are we required to adopt new comprehensive plan or land development code provisions under the new Countywide Rules? Every effort was made to minimize the number of local plan or code amendments required under the new Rules. If your plan and code were consistent with the Rules before the new Countywide Plan was adopted, only a few new actions must be taken: • Every local government must adopt a table or matrix in the future land use element of its comprehensive plan, which shows each local FLUM category corresponding to one of the Countywide Plan Map categories. [Countywide Rules, Section 4.2.2.1] For local governments with land area partly or entirely within the Coastal High Hazard Area (CHHA), unless you prohibit increases in densities or intensities in the CHHA as a matter of adopted policy, you must adopt a set of regulatory criteria applicable to FLUM amendments within the CHHA that is consistent with Section 4.2.7.1, A -H and 4.2.7.5 of the Countywide Rules. In the absence of these locally -adopted criteria, Tier I amendments that increase densities or intensities within the CHHA will be found inconsistent. [Countywide Rules, Section 4.2.7] As the 36 previous Countywide Plan Map categories were consolidated into the current 16, a small number of local FLUM categories that were previously consistent with their corresponding countywide categories have had minor provisions become inconsistent, mainly pertaining to permitted use acreage thresholds. (For example, transportation/utility uses were previously allowed up to a maximum of five acres in the Commercial Recreation category, but are now restricted to three acres in the corresponding Resort category.) We have been identifying such issues as we find them during routine consistency reviews. [Countywide Rules, Section 2.3.3] L -j What are the submittal requirements and timelines for the new required provisions? Per the new Special Act, local governments have until the next scheduled evaluation and appraisal review -based amendment of their comprehensive plan, or until August 7, 2018, to become consistent with the new Countywide Rules. However, we encourage you to move forward with these amendments as soon as possible. [Chapter 2012-245, Laws of Florida] What optional comprehensive plan or land development code provisions are available under the new Countywide Rules? The optional provisions available under the old Countywide Rules are unchanged in the new version, including the affordable housing density/intensity bonus [Section 4.2.3.5], transferable development rights [Section 5.2.1.1], density/intensity averaging, [Section 5.2.1.2], and alternative temporary lodging standards [Section 5.2.1.3]. A new optional provision has also been added, allowing an exemption to intensity standards up to an additional 10% as an incentive for planning priorities in the AC and MMC categories [Section 4.2.3.8]. To use any of these optional provisions, your local government must file the applicable plan and/or code provisions with our office. What are the submittal requirements and timelines for the optional provisions? There is no submittal timeline for the optional provisions. Please forward the applicable sections of your comprehensive plan and/or land development code along with a request that they be received and filed. Other Submittals How do 1 request a map adjustment for Preservation and/or Recreation/Open Space category boundaries? You will need to submit a map, sketch and legal description or boundary determination documentation from the Florida Department of Environmental Protection, along with a letter from your planning director requesting the map adjustment. If possible, please also provide a GIS shapefile of the boundary. The amendment will be forwarded for acceptance at the next scheduled round of Planners Advisory Committee, Forward Pinellas Board, and Countywide Planning Authority (CPA) meetings following the applicable submittal deadline, as published on http://forwardpinellas.org/guiding-plans/countywide-plan. A public hearing is not required, and the adjustment becomes final upon approval of the CPA. How do I request that a right-of-way vacation be recognized on the Countywide Plan Map? A right-of-way vacation may be submitted to us at any time and is not considered a Countywide Plan Map amendment. Staff will process the change as a routine administrative update. [Countywide Rules, Section 7.3.8.2.1] 9 If a project in my jurisdiction uses transferable development rights, do I need to submit that information to Forward Pinellas? Yes. Written evidence of the transfer of development rights will need to be recorded in the public records with the Clerk of the Circuit Court for Pinellas County, and a record copy filed with Forward Pinellas. [Countywide Rules, Section 5.2.1.1.1(J)] Do I need to submit annexation ordinances to Forward Pinellas? No. As of the new Special Act (Chapter 2012-245, Laws of Florida), we are no longer tracking annexation ordinances. But please continue to submit your ordinances to the Pinellas County Planning Department, since they compile a countywide database that we will occasionally use. Please note that any local FLUM amendments processed in conjunction with an annexation must still be submitted to us, as described in the Countywide Plan Map Amendments section of this guide. 10 June 23, 2017 Housh Ghovaee Northside Engineering, Inc. 300 South Belcher Road Clearwater, FL 33765 City of Clearwater Clearwater Planning & Development, Post Office Box 4748, Clearwater, Florida 33758-4748 100 South Myrtle Avenue, Clearwater, Florida 33756 Telephone (727) 562-4567 Fax (727) 562-4865 RE: Case #LUP2016-08008 and REZ2016-08005 Dear Mr. Housh Ghovaee: Please be advised that the Land Use Plan amendment and rezoning applications for the above referenced 0.72 acre portion of property were approved by the Clearwater City Council on May 4, 2017. Forward Pinellas, acting as the Pinellas Planning Council, accepted the changes as an administrative map adjustment to the Countywide Plan Map on June 14, 2017. Pursuant to Subsection 163.3187(5)(c), small scale development amendments may not become effective until 31 days after adoption, allowing for a 30 day appeal period to pass. The appeal period for this amendment ends on July 14, 2017, and therefore the approved Future Land Use Map amendment and Zoning Atlas amendment will be effective on July 15, 2017 if there are no appeals. Once the amendment(s) are effective, the City of Clearwater can issue approval for uses at this property permitted within the Residential Medium (RM) future land use plan category and Medium High Density Residential (MHDR) zoning district subject to the requirements of the Clearwater Community Development Code. The City ordinances for the Future Land Use Map amendment and Zoning Atlas amendment, 8980-17 and 8981-17, are enclosed for your files. If you have further questions or need additional information, please contact me at (727) 562-4836 or ellen.crandall@myclearwater.com Sincerely, CITY OF CLEARWATER Ellen Crandall Senior Planner Enclosures: Ordinances 8980-17 and 8981-17 George N. Cretelms Mayor Doreen Caudell Councibnember Bill Jonson, Councllmember Dr. Bob Cundiff, Councilmember Hoyt Hamilton, Councilmember "Equal Employment and Affirmative Acton Employer" ORDINANCE NO. 8980-17 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE FUTURE LAND USE ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY, TO CHANGE THE LAND USE DESIGNATION FOR A 0.72 -ACRE PORTION OF CERTAIN REAL PROPERTY LOCATED ON THE SOUTH SIDE OF MONTCLAIR ROAD APPROXIMATELY 770 FEET WEST OF NORTH BELCHER ROAD, WHOSE POST OFFICE ADDRESS IS 2251 MONTCLAIR ROAD, CLEARWATER, FLORIDA 33763, FROM PRESERVATION (P), TO RESIDENTIAL MEDIUM (RM); PROVIDING AN EFFECTIVE DATE. WHEREAS, the amendment to the Future Land Use 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 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 Category See attached Exhibit A for Legal From: Preservation (P) Description To: Residential Medium (RM) (LU P2016-08008) 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 change by the Pinellas County Board of Commissioners, where applicable, 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 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 Forward Pinellas, in its role as the Pinellas Planning Council, an application to amend the Countywide Plan in order to achieve consistency with the Future Land Use Element of the City's Comprehensive Plan as amended by this ordinance. Ordinance No. 8980-17 PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Camilo A. Soto Assistant City Attorney APR Z 0 2012 MAY 4 — 2017 George N. Cretekos Mayor Attest: .P.s �t CLh w 0 tA- `' a Rosemarie Call City Clerk Ordinance No. 898x17 �Clt LUP2016-08008, REZ2016-08005 As furnished by applicant Parcel One 0.37 acres Commence he Northwest corner of the Southwest 1/4 of the Northwest 6, Township 29 South. Range 16 East: thence N.89'55'57"E., thence S.00'03'30"W., for 75.55 feet to the Point of ce S.70'02'49"E., for 6.96 feet; thence S.62'17'32"E., for 'ice N.44'14'46"E., for 19.35 feet; then :e S.61'15'18"E., for ice S. 14'44'56"E., for 33.15 feet; then.;e S.06'12'26"E., for at t 1/4 of Section for 413.73 feet: Beginning; then 21.53 feet; the 18.69 feet; the 31.91 feet; then the 53.01 feet. th 34.23 feet, the 12.93 feet; then 35.95 feet; th 48.26 feet; th 35.00 feet; the 17.18 feet; then 53.27 feet; then 18.01 feet; then Containing 0.37 once once ence S.17'09'40"E., for 40.40 feet; thence S.0406'01"W., for S.21'24'37"r- for 51.42 feet; thence S.33'29'26"E., for nce S.6802'38'W., for 26.83 feet; ther ce S.32'52'44'W.. for ce 5.49'10'06"E., for 27.53 feet; then.;e N.89'27'29"W., for N.50'15'05"W., for 55.39 feet; therce N.03'18'08"E., for N.17'37'36'E., for 46.40 feet; then ::e N. 16'05'22"W.. for ice N. 18'24'52"W., for 35.27 feet; therce N.24'16'02"W., for ce N.18'04'04"W., for 39.98 feet; then, -.e N.58'27'19"W., for ce N.08'42'15"W., for 19.76 feet; then ze 5.6755'15"E., for ce S. 7002'49"E., for 33.63 feet to they Point of Beginning. acres, more or less. Parcel Two 0.36 acres DESCRIPTION FOR PARCEL 2 Commence at the Northwest corner of the Southwest 1/4 of the Northwest 1/4 of Section 6. Township 29 South, Range 16 East; thence N.89'55'57"E., for 413.73 feet; thence S.00'03'30"W., for 109.74 feet; thence S.16'29'05"E., for 46.95 feet; thence S.03'17'47"W., for 223.24 feet; thence S.15'25'31"W., for 8.21 feet; thence S.88'06'30"E., for 7.83 feet; thence S.25'04'30"E., for 4.89 feet to the Point of Beginning; thence continue S.25'04'30"E., for 36.22 feet; ;hence S.10'19'51"E., for 21.80 feet; thence S.31'44'02"W., for 38.92 feet; thence S.02'21'38"E., for 48.07 feet; thence S.20'45'55"E., for 18.59 feet; thence S.51'32'24"E., for 14.78 feet; thence S.355/ -'45"E., for 34.83 feet; thence S.14'52'00"E., for 27.95 feet; thence S.14'27'27"E., for 50.79 feet; thence S.05'10'32"E., for 68.51 feet: therce S.09'09'22"E., for 29.85 feet; thence S.12'00'31 "W., for 32.97 feet; thence S.49'41'39"W., for 19.35 feet; thence N.80'24'49"W., for 22.76 feet; thence N.15'41'52"W., for 45.76 feet; thence N.09'24'29"W., for 48.57 feet, thence N.01'54'27"W., for 34.85 feet; thence N.06'22'21 "W., for 39.19 feet; thence N.15'43'04"W., for 43.56 feet; thence S.27'37'11 "W., for 25.75 feet; thence S.43'33'47"W., for 12.41 feet; thence S.46'47'14"W., for 6.14 feet; thence N.04'59'55"W., for 4.77 feet; thence N.12'56'15"E., for 149.87 feet; thence N.18'43'14"E., for 8.50 feet; thence N.00'29'53"E., for 74.49 feet to the Point of Beginning. Containing 0.36 acres, more or less. Exhibit B Rev. 117dd18 g N RLM� RM Parcel �•� >... RM One P RM RM 1943 WA 193 2158 21 R/O/R 927 �''° Parcel - 4,V '° V 2178 RI 1 V Two 4,01 919 2182 2188 "all 911 P SUNSET POINT RD 1 1 pp p JApp 0 q ^ 1 RM CG '� T °� O r71187618g1 r 7 1875 187 8 7 FUTURE LAND USE MAP Owner(s): Montclair Lake Townhomes, LLC Case: LUP2016-08008 REZ2016-08005 Site: 2251 Montclair Road Property Size(Acres): 0.72 Land Use Zoning PIN. 06-29-16-00000-230-0200 From: P p To: RM MHDR Atlas Page: 254A Exhibit B Crandall, Ellen From: Crandall, Ellen Sent: Wednesday, January 18, 2017 1:36 PM To: 'Housh Govahee'; 'sandy@northsideengineering.net'; 'gus@digiovannihomes.com' Cc: Matzke, Lauren; Watkins, Sherry Subject: LUP2016-08008 and REZ2016-08005 2251 Montclair Rd - late resubmittal Good afternoon, The required resubmittal deadline for LUP2016-08005 and REZ2016-08005 for 2251 Montclair Road to move forward to the February CDB was 12 noon yesterday, Tuesday January 17. As stated prior the resubmittal must be 10 hardcopies, one original and a CD or thumb drive of the digital version for each case. Emailing PDFs does not count as submitting. The resubmittal for both cases was received late in the afternoon, past the submittal deadline. Both cases missed the deadline and are postponed for the March CDB. I do not have any ability to vary on the deadline requirement and this instance has been discussed through my management and the cases are late and cannot move forward with this cycle. Typically the Planning Department does not hold onto applications that are not directly moving forward, however in this instance as I indicated to Sandy that she could submit them I will be holding on to the hard copies until the next submittal day which is Monday February 13, at 12 noon. If you have any questions please feel free to respond to this email or contact me at 727-562-4836. Senior Planner, Long Range Planning Division Planning & Development Department, City of Clearwater PH: 727.562.4836 j FAX: 727.562.4735 E: Ellen.CrandallPmyclearwater.com ....:� B Ue.F i` Pim? BEM, 'i7F tz BAY`ib BFB Ot1 j'fl�._ to ' 4§9 IT'Y OF CLEARWATER ��5mj aN PLANNING & DEVELOPmLNT DEPARTMENT ss PO$'I' OFt I( E' BOR 4748, CLEARWA7'ER, FL()RIILi 337:78-4748 a yJ'�Jb Mu.,gICYPu SERvicvs BunDING, 100 SOUTH MYRTLE 1ivE1UE, CLEARwATER, FLORM.k 33756 TF9,FTNt)Ni (7'L7) 562 />67 Fnx (_r27) 56"2-4865 4:00 PM Case number: REZ2016-08005 -- 2251 MONTCLAIR R.Q. Owner(s): Montclair Lake Townhomes Llc 175 Bayside Dr Clearwater, FL 33767-2502 PHONE: (727) 797-8972, Fax: No fax, Email: No email Applicant: Montclair Lake Townhomes 175 Bayside Dr Clearwater, FL 33767-2502 PHONE: (727) 797-8972, Fax: No fax, Email: Gus@digiovannihomes Representative: Housh Ghovaee Northside Engineering 300 S Belcher Road Clearwater, FL 33765 PHONE: (727) 709-0943, Fax: (727) 446-8036, Email: Housh@northsideengineering.Net; Sandy@northsideengineering.Net Location: 0.72 acre portion of a property located on the south side of Montclair Road approximately 770 feet west of N Belcher Road. Atlas Page: 254A Zoning District: Medium High Density Residential Request Proposed Use: Neighborhood Association(s): Presenter: 1/5/2017 This case involves a request to amend the Zoning Atlas designation of a 0.72 acre portion of a property from Preservation (P) to Medium High Density Residential (MHDR). Attached Dwellings Clearwater Neighborhood Coalition College Park Ellen Crandall, Senior Planner 41 "EQUAL EmPLOYmmT M AFFnuiAm-E Acno,4 BOW ER° DRC ActionAgenda 0 OW! ��� ITY OF LEARWATER i_. aV PLANNING & DEVELOPMENT DEPARTMENT o� POST OFFICE BOX 4748, CLEARWATER, FLORIDA 33758-4748 Mut ap.0 SERVICES BUILDING, 100 SOUTH MYRTLE AVENUE, CLEARw7ATER, FLORIDA 33756 Tviumi-ONE (727) 5624567 FAX (727) 562=4865 Workflow: Review Name ;Task Status Status Date Last Name Determination of Completeness Complete 08/05/2016 Matzke Awaiting Re -Submittal Return to DRC 11/03/2016 Hauck -Baker Fire Review No Review Required 12/17/2016 Schultz Parks and Rec Review No Comments 12/21/2016 Reid Environmental Review No Comments 12/22/2016 Kessler Stormwater Review No Comments 12/22/2016 Bawany Traffic Eng Review No Comments 12/22/2016 Elbo Engineering Review No Comments 12/23/2016 Simpson Harbor Master Review No Review Required 12/28/2016 Crandall Planning Review Comments 12/28/2016 Crandall Route to Meeting Ready for DRC 12/29/2016 Crandall Solid Waste Review No Response 12/29/2016 Crandall Land Resource Review No Response 12/29/2016 Crandall The DRC reviewed this application with the following comments: Planning Review The Future Land Use designation to the south is Water not Preservation. Prior to CDB submittal correct FLU on site plan. "'SEE PAGE 5 ON DOCUMENT. Planning Review The Zoning district to the west is Preservation (P). The adjacent property to the east is the Medium High Density Residential (MHDR). Please note: the subject site is the tracts of wetlands not the upland town home development. ""SEE PAGE 14 ON DOCUMENT. Planning Review In the response to the Zoning Atlas Amendment Criteria the proposed change is stated as increasing the allowable density of the property by 14 dwelling units. This in factually incorrect. At 15 dwelling units per acre for 0.72 acres will increase the density by ten (10) units. Prior to CDB submittal correct all instances of increased dwelling unit numbers. ""SEE PAGE 22 ON DOCUMENT. 1/5/2017 42 DRC_ActionAgenda "EQti� RwLOYME\T Avn AffiRMATNF, AMON &Ptowr,° Planning Review The property immediately to the west is Preservation, further to west from 1/5/2017 43 DRC_ActionAgenda "EQu-AL DpLoYME a A€ND AFFwiAnT YmOv DOI.OYER° that is MHDR, further to the west is Medium Density Residential (MDR) and then even further to the west is LMDR. Address the adjacent zoning districts. **SEE PAGE 26 ON DOCUMENT. Planning Review The amendment does increase density and therefore development potential on the site. What is states as a response is not entirely accurate. Responses should address the utilities and capacity of roadway and how those might be affected by the additional units allowed by the amendment. Revise prior to CDB submittal. **SEE PAGE 26 ON DOCUMENT. Planning Review In the response to the Zoning Atlas Amendment Criteria a development of eighty six (86) units is referenced. The subject site currently has active building permits for phase one with 60 dwelling units. A phase two of 26 is referenced however it is not permitted nor approved. This application will in fact allow for phase two with additional dwelling units which have not been approved. A development of 86 dwelling units has not been approved. Prior to CDB correct the statements referring to approved development of dwelling units. **SEE PAGE 26 ON DOCUMENT. Planning Review Through the Zoning Atlas Amendment Process the maximum development potential for the proposed zoning district is reviewed. Stating that the site will be developed with a set number of townhouses and will not utilize the full development potential of the proposed land use change is not legally binding or enforceable. This process is not a development agreement or approved site plan for construction. Limiting or approving the development of eighty six townhouses is not part of this application nor is it justification of the proposed Zoning District change **SEE PAGE 26 ON DOCUMENT. Planning Review There is a portion of Preservation Zoning District and Preservation Future Land Use to remain directly to the west of the northern wetland and along the western property line. Accurately show this on the site plan. **SEE PAGE 28 ON DOCUMENT. Planning Review The Future Land Use designation of the property to the south is Water not Preservation. **SEE PAGE 28 ON DOCUMENT. Planning Review This comment from previous reviews(8/23/16) was not addressed. Portions of the parcel adjacent to the north and west also contain areas designates as c Preservation on the City's Zoning Atlas and those areas are connected to the Subject area proposed to be amended and intended to be filled/impacted na under the SWFWMD permit. Please explain how this will not adversely affect �QSY the area designed Preservation. Prior to CDB submittal clarify how the adjacent areas to remain Preservation will be protected. **SEE PAGE 22 ON DOCUMENT. Planning Review In the Zoning Atlas Amendment Criteria an improved site plan is referenced. Clearly detail and describe the improved site plan that this proposal will allow. **SEE PAGE 23 ON DOCUMENT. 1/5/2017 43 DRC_ActionAgenda "EQu-AL DpLoYME a A€ND AFFwiAnT YmOv DOI.OYER° r= T2109B20131 VLw looking w, -.L across Eelcher Rd, at the subject parcel, 22_ 1 Montclair Road X-ie,A oiking west at the subject parcel fl View to the west View looking south, across Montclair Road, at t1L, subject 3arcel, 2251 Montclair Road View loo -ling south from the subject pa -cel View locking north 179m the subject property, across Poon clair F oad .0 2a16-08005 MontclFir Lake Townhomes LLC 2-051 Mwitclair Road Page 1 View looking east.-rly along :viortdair Roaj View looking northerly along Belch --r Road 7-ew looting vesterly along Montclair Road View b looking southerly a ong Belcher Road LUP2016-08608 Mo ntelair Lake Townt m c s I LC 2251 Montclair R.)ac Page 2 Land Use Plan and Zoning Atlas Amendment Map Request Planner Name: Ellen Crandall Case Number: LUP2016-08008, REZ2016-08005 Date Request Submitted: 11 /29/16 Date Requested for: 12/13/16 Maps Requested ® Location Map ® Aerial Photograph ® Future Land Use Map ® Zoning Map ® Existing Surrounding Uses Map ® 2" x 2" PDF Map (for Newspaper) Required Documents to be submitted to Engineering ® Legal Description (warranty deed or survey) - to be hand delivered ® Map with Proposed Site Highlighted ® EDR - no hard copies submitted - all submission material is accessible through Accela Location Language (for Ordinance Title) Location: 0.72 acre portion of a property locatethe south of ontclair Road approximately 770 feet west of N Belcher Road. 11 PROVIDED LEGAL DESCRIPTION VERIFIED BY: 3d Th ma Mah n PSAA. Gi;o);ra Techn to M r MAP NAME Owner(s): Montclair Lake Townhomes, LLC Case: REZ2016-08008 R EZ2016-08005 Site: 2251 Montclair Road Property Size(Acres): 0.72 Land Use Zoning PIN: 06-29-16-00000-230-0200 From: P P Atlas Page: 254A To: RM MHDR Land Use Plan and Zoning Atlas Amendment Map Request Planner Name: Lauren Matzke Case Number: LUP2016-08008, REZ2016-08005 Date Request Submitted: 8/10/2016 Date Requested for: 8/29/2016 Maps Requested ® Location Map ® Aerial Photograph ® Future Land Use Map ® Zoning Map Z Existing Surrounding Uses Map ® 2" x 2" PDF Map (for Newspaper) Required Documents to be submitted t gineering ® Legal Description (warranty deed orurvey) - to be hand delivered ® Map with Proposed Site Highlighted ® EDR - no hard copies submitted - all submission material is accessible through Accela Location Language (for Ordinance Title) Location: 0.98 acre portion of a property locat the s t si approximately 770 feet west of N Belcher Roa PROVIDED LEGAL DESCRIPTION VERIFIED BY: /L MAP NAME of Montclair Road d qfl t4 I Owner(s): Montclair Lake Townhomes, LLC Case: LUP2016-08008 I R EZ2016-08005 Site: 2251 Montclair Road Property 0.98 Size (Acres) : Land Use Zoning PIN From: P P 06-29-16-00000-230-0200 To: RM MHDR I Atlas Page: I 254A LL U o rwater U Case # LUP2016-08008 SIGN POSTING ACKNOWLEDGEMENT hereby acknowledge receipt of a public notice sign to post on property I own and/or represent that is being considered by the City of Clearwater for annexation, land use plan amendment and/or rezoning, and agree to post said sign on the subject property in a location where it is capable of being read from the most significant adjacent street a minimum of 10 days before the Community Development Board Meeting. Property Owner or Authorized Representative: -erllevl Crow dQ )I Print Name �' oa Sign Name Date Community Development Board Meeting Date: • March 21, 2017 City Council Public Hearing Dates: • April 20, 2017 (1St reading) • May 4, 2017 (2"d reading) The sign shall be posted on the property no later than: March 11, 2017 Crandall, Ellen. From: Sandy Bradbury [sandy@northsideengineering.net] Sent: Thursday, January 05, 2017 9:56 AM To: Crandall, Ellen Subject: [POSSIBLE SPAM] RE: LUP2016-08008 and REZ2016-08005 Ellen, Thank you, I received all three of the previous emails, and we will do our best to get them to you well in advance. Have a great afternoon. Sandy From: EIIen.Crandall@MyClearwater.com [ma iIto: Ellen.Crandall@MyClearwater.com] Sent: Thursday, January 5, 2017 9:51 AM To: sandyC@northsideengineering.net Cc: Lauren.Matzke@MyClearwater.com Subject: LUP2016-08008 and REZ2016-08005 Hello Sandy, Thanks for attending the Development Review Committee today. I don't mean to completely bombard you with emails, but I just sent three emails with attachments and want to make you aware should you not receive them. One email had the comments from the LUP and the REZ in word documents as requested, and the other two emails had the combined PDF files for the LUP and REZ as requested. Both the LUP2016-08008 and REZ2016-08005 must be resubmitted addressing all the comments and with corrected maps no later than Tuesday January 17 by twelve noon (please be aware the office is closed the Monday before, January 16, for Martin Luther King Jr. Day). The resubmittal must include 10 paper copies and one original (I apologize I failed to mention the one original in the meeting and previous email) for each case of the full and complete application and supporting material, and one digital copy, for each case, on a CD or thumb drive. If you did not receive the previous emails or have any further questions please feel free to contact me! Ella Crandall Senior Planner, Long Range Planning Division Planning & Development Department, City of Clearwater PH: 727.562.4836 1 FAX: 727.562.4735 E: Ellen.CrandaII(@mvclearwater.com f `w CITY OF CLEARWATER PLANNING (YC .DEVFI.()P`tENT DEPARTMENT POST OFFIc.E Box 4748, CIEARWATER, FLoxmA 33758-4748 `a�Jjj O �O MUNICIPAL SERVICES BUILDING, 100 SOL.`m A'11RTT.E AVENUE, CIFARWATER, FLORIDA33756 ->Y TELEPIiONE (727) 562-4567 FAx (727) 5624865 DRAFT ACTION AGENDA DEVELOPMENT REVIEW COMMITTEE Thursday, January 05, 2017 8:30 - Staff Review 9:00 AM Case number: LUP2016-08008 -- 22.51 MONTCLAIR RD Owner(s): Montclair Lake Townhomes Llc 175 Bayside Dr Clearwater, FL 33767-2502 PHONE: (727) 797-8972, Fax: No fax, Email: No email Applicant: Montclair Lake Townhomes 175 Bayside Dr Clearwater, FL 33767-2502 PHONE: (727) 797-8972, Fax: No fax, Email: Gus@digiovannihomes Representative: Housh Ghovaee Northside Engineering 300 S Belcher Road Clearwater, FL 33765 PHONE: (727) 709-0943, Fax: (727) 446-8036, Email: Housh@northsideengineering.Net; Sandy@northsideengineering.Net Location: 0.72 acre portion of a property located on the south side of Montclair Road approximately 770 feet west of N Belcher Road. Atlas Page: 254A Zoning District: Medium High Density Residential Request: This case involves a request to amend the Future Land Use Map designation of a 0.72 acre portion of a property from Preservation (P) to Residential Medium (RM). Proposed Use: Neighborhood Association(s): Clearwater Neighborhood Coalition College Park Presenter: Ellen Crandall, Senior Planner 1/5/2017 1 DRC_ActionAgenda Qt9.T. DIPLOYhiE'v'r 9ND AEPIRiTAT7�'E ACT'TON E;vIPL01'ER CITY OF CLEARWATER �4-�o ,�}a_= == � PUNN[[: • �►'�WAT� �� ITY OF CLEARWATER �� • _ �, PLANN[NG & DEvEI.O.PmFNT DEPARTMENT POST OFFICE Box 4748, CLE urwATER, FLORIDA 33758-4748 T!tUN[CIPAL SERv[CES $UI[.DING, IOU SOI..Mi MYRTLE AVENUE, CUARWATER, FI.oR1DA 33756 Ofd'' TELEPHONE (727) 562-4567 FAX (727) 562-4865 Planning Review See previous comments to the Comprehensive Plan Amendment Criteria and revise this section also. **SEE PAGE 60 ON DOCUMENT. Planning Review There is a portion of Preservation Zoning District and Preservation Future Land Use to remain directly to the west of the northern wetland and along the western property line. Accurately show this on the site plan. **SEE PAGE 19 ON DOCUMENT. 1/5/2017 4 DRC_ActionAgenda " QL3I. BiPLOYNIENT AND AFFnziNjv \,T AcnON BinowR° Crandall, Ellen From: Crandall, Ellen Sent: Thursday, December 29, 2016 12:41 PM To: 'Roush Govahee'; 'sandy@northsideengineering.net' Cc: Matzke, Lauren Subject: Development Review Committee Comments for 2251 Montclair Road LUP2O16-08008 and REZ2016-08005 Attachments: RCComments_ LUP2016-08008_2251 Montclair Rd_122916.pdf; DRC—Comments — DRC_Comments_REZ2O16-08005_2251 Montclair Rd_122916.pdf Good afternoon, Attached are PDF comments for LUP2O16-08008 and REZ2O16-08005 for 2251 Montclair Road. These cases will be discussed at the Development Review Committee on Thursday January 5, 2017. You will be contacted by Sherry Watkins with the specific meeting time(s). Please be aware that both applications must be updated with the required corrections or clarifications and submitted as 10 hardcopies and one digital copy on a CD no later than 12noon on Tuesday January 17, 2017 in order to move forward to the Community Development Board (which is scheduled as February 21, 2017). If you have any questions please feel free to contact me. Ella Crandall Senior Planner, Long Range Planning Division Planning & Development Department, City of Clearwater PH: 727.562.4836 1 FAX: 727.562.4735 E: EIIen.Crandall@mvclearwater.com iiiiijiliiiliiiiiiiiiillillillillilI y. awn'>r„ y�45RLaITY OF LEARWATER hr�a. A h PLANNING & DEvnop 4Ew DEPARTMENT w� ,, ____ sy POST OFFicE Box 4748, CLEARWATER, FLORIDA 33758-! 748 o.o� 4 MUNICIPAL SfRvicEs B111.LDIIVC'r, 100 SOUTH MYRT.LEAv&NUE, CuARw:A7'FR, FLORIDA 33756 TPI.FPHoNE (727) 5624567 FAx (72').562-4865 #Error Case LUP2016-08008 — 2251 MONTCLAIR RD Owner(s): Montclair Lake Townhomes Llc 175 Bayside Dr Clearwater, FL 33767-2502 PHONE: 7277978972, Fax: No fax, Email: No email Applicant: Montclair Lake Townhomes 175 Bayside Dr Clearwater, FL 33767-2502 PHONE: 7277978972, Fax: No fax, Email: Gus@digiovannihomes Representati Housh Ghovaee ve: 300 S Belcher Road Clearwater, FL 33765 PHONE: 7277090943, Fax: 7274468036, Email: Housh@northsideengineering.Net; Sandy@ northsideengineering. Net Location: 0.72 acre portion of a property located on the south side of Montclair Road approximately 770 feet west of N Belcher Road. Atlas Page: 254A Zoning Medium High Density Residential Request: This case involves a request to amend the Future Land Use Map designation of a 0.72 acre portion of a property from Preservation (P) to Residential Medium (RM). Proposed Use: Neighborho College Park od Association (s): Presenter: Ellen Crandall, Senior Planner The DRC reviewed this application with the following comments: Environmental Review Prior to issuance of site building permit: Provide assurance that fill or other development activities will not impact Preservation areas beyond the property line. '"SEE PAGE 7 ON DOCUMENT. WILL BE HANDLED FURTHER AT BUILDING PERMIT, DCS 10/7/2016 Please acknowledge, SEK 12/29/16 Planning Review The Future Land Use Plan Designation to the south of the southern most tract of wetland is Water. Prior to CDB submittal correct on the application and site plan. **SEE PAGE 6 ON DOCUMENT. 12/29/2016 1 DRC—Comments "EQUAL EMPLOYMENT AND tS,FP MATT ACTION EwLoirm" jR,rrri ? ry ITY 4'F CLEARWATER k•� �SAK 4 t1'_s�av PLANNING & DEvnopmENT DEPART mrr J PcxT OFFLCE BOX 4748, CLEARWATER, FLORIDA 337581748 MUNIUML SERvice.5 Bui.u)iN(., 100 Soum MYRTI.E NVENUE, CL EARWATER, FLORIDA 33756 T>+ rpmoNF (72-) 5624567 FAX (727) 562-4865 Planning Review In the first response to the Comprehensive Plan Amendment Criteria a development of eighty six (86) units is referenced. The subject site currently has active building permits for phase one with 60 dwelling units. A phase two of 26 is referenced however it is not permitted nor approved. This application will in fact allow for phase two with additional dwelling units which have not been approved. A development of 86 dwelling units has not been approved. Prior to CDB correct the statements referring to approved development of dwelling units. **SEE PAGE 14 ON DOCUMENT. Planning Review In the first response to the Comprehensive Plan Amendment Criteria an improved site plan is referenced. Clearly detail and describe the improved site plan that this proposal will allow. **SEE PAGE 14 ON DOCUMENT. Planning Review In the first response to the Comprehensive Plan Amendment Criteria the proposed change is stated as increasing the allowable density of the property by 14 dwelling units. This in incorrect. At 15 dwelling units per acre for 0.72 acres will increase the density by ten (10) units. Prior to CDB submittal correct dwelling unit numbers. **SEE PAGE 14 ON DOCUMENT. Planning Review This previous comment from 8/23/16 was not sufficiently addressed: The amendment does increase density and therefore development potential on the site. What is stated as a response is not entirely accurate. Response should address utilities and capacity of roadway and how those might be affected by the additional units allowed by the amendment. Prior to CDB submittal revise. **SEE PAGE 16 ON DOCUMENT. Planning Review Through the Land Use Plan Amendment Process the maximum development potential for the proposed land use designation is reviewed. Stating that the site will be developed with a set number of townhouses and will not utilize the full development potential of the proposed land use change is not legally binding or enforceable. This process is not a development agreement or approved site plan for construction. Limiting or approving the development of eighty six townhouses is not part of this application nor is it justification of the proposed Land Use change. **SEE PAGE 16 ON DOCUMENT. Planning Review Item six would be the appropriate place to discuss the improved site plan. **SEE PAGE 17 ON DOCUMENT. Planning Review This comment from 8/23/2016 was not addressed. Portions of the parcel adjacent to the north also contain areas designated as Preservation on the City's Future Land Use Map and those areas are connected to the Subject area proposed to be amended and intended to be filled/impacted under the SWFWMD permit. Please explain how this will not adversely affect the area designed Preservation located on parcel 06-29-16-00000-230-0100. This is also applicable to the southern portion. Prior to CDB submittal clarify how the adjacent areas to remain Preservation will be protected. **SEE PAGE 17 ON DOCUMENT. Planning Review The Future Land Use of the area to the south is Water, not Preservation. Prior to CDB submittal correct the Future Land Use designation on the site plan. **SEE PAGE 19 ON DOCUMENT. Planning Review The Future Land Use Plan Designation for the property to the south is Water, not Preservation. Correct prior to CDB submittal. **SEE PAGE 55 ON DOCUMENT. Planning Review The Future Land Use designation for the property to the south is Water not Preservation. Prior to CDB submittal correct site plan future land use designations. **SEE PAGE 59 ON DOCUMENT. Planning Review See previous comments to the Comprehensive Plan Amendment Criteria and revise this section also. **SEE PAGE 60 ON DOCUMENT. 12/29/2016 2 DRC—Comments °EQUAL &PLoymEN'T AND AmmiAnv'E ACTION EMPLOYER° Planning Review There is a portion of Preservation Zoning District and Preservation Future Land Use to remain directly to the west of the northern wetland and along the western property line. Accurately show this on the site plan. **SEE PAGE 19 ON DOCUMENT. 12/29/2016 "EQUAL EMPLOYMENT AND AFP[Rt wivE ,ACTION EMPLQYRR" DRC—Comments Crandall, Ellen From: Crandall, Ellen Sent: Tuesday, November 29, 2016 2:43 PM To: 'sandy@northsideengineering.net' Cc: Matzke, Lauren Subject: FW: Letter of Completeness for LUP2016-08008 and REZ2016-08005 at 2251 Montclair Road Attachments: Letter of Completeness 112816 scan. pdf Hello Sandy, I sent this yesterday and I apologize I didn't think to include you. Please feel free to contact me with any questions. Ella Crandall From: Crandall, Ellen Sent: Monday, November 28, 2016 4:14 PM To: 'Roush Govahee' Subject: Letter of Completeness for LUP2016-08008 and REZ2016-08005 at 2251 Montclair Road Good afternoon Mr. Govahee, Please see the attached PDF letter of completeness for LUP2016-08008 and REZ2016-08005 resubmittals. Please note these cases will be returning to the Development Review Committee on January 5, 2017. Please feel free to contact me with any questions. Ella Crandall Senior Planner, Long Range Planning Division Planning & Development Department, City of Clearwater PH: 727.562.4836 1 FAX: 727.562.4735 E: Ellen.Crandall@mvclearwater.com I am transitioning from Land Resource Specialist to Senior Planner in the Long Range Planning Division. If you have tree questions about an ongoing project that I reviewed I will continue to assist, however if you have questions regarding a new permit or project or general tree question please contact Matthew Anderson, Land Resource Specialist, at Matthew.Andersonl@myclearwater.com. apologize for any inconvenience this may cause. Crandall, Ellen From: Crandall, Ellen Sent: Monday, November 28, 2016 4:14 PM To: 'Housh Govahee' Subject: Letter of Completeness for LUP2016-08008 and REZ2016-08005 at 2251 Montclair Road Attachments: Letter of Completeness 112816 scan.pdf Good afternoon Mr. Govahee, Please see the attached PDF letter of completeness for LUP2016-08008 and REZ2016-08005 resubmittals. Please note these cases will be returning to the Development Review Committee on January 5, 2017. Please feel free to contact me with any questions. Ella Crandall Senior Planner, Long Range Planning Division Planning & Development Department, City of Clearwater PH: 727.562.4836 ( FAX: 727.562.4735 E: Ellen.Crandall(@myclearwater.com RNA4NT LR (W -'LEA BR GFUM BEA6�i7Ft7} :•BAY iii B +t F? 4� z QIP.` I am transitioning from Land Resource Specialist to Senior Planner in the Long Range Planning Division. If you have tree questions about an ongoing project that I reviewed I will continue to assist, however if you have questions regarding a new permit or project or general tree question please contact Matthew Anderson, Land Resource Specialist, at Matthew.AndersonlCcamyclearwater.com. I apologize for any inconvenience this may cause. Crandall, Ellen From: Microsoft Outlook To: 'Housh Govahee' Sent: Monday, November 28, 2016 4:14 PM Subject: Relayed: Letter of Completeness for LUP2016-08008 and REZ2016-08005 at 2251 Montclair Road Delivery to these recipients or groups is complete, but no delivery notification was sent by the destination server: 'Housh Govahee' (housh@ northsideengineering.net) <mailto:housh Ono rthsideengineering. net> Subject: Letter of Completeness for LUP2016-08008 and REZ2016-08005 at 2251 Montclair Road November 28, 2016 Housh Ghovaee Northside Engineering, Inc. 300 South Belcher Road Clearwater, FL 33765 City of Clearwater Clearwater Planning & Development, Post Office Box 4748, Clearwater, Florida 33758-4748 100 South Myrtle Avenue, Clearwater, Florida 33756 Telephone (727) 562-4567 Fax (727) 562-4865 RE: Case #LUP2016-08008 and REZ2016-08005 Parcel #06-29-16-00000-230-0200 Dear Mr. Ghovaee: The City of Clearwater Planning & Development Department has reviewed the above referenced resubmitted applications for Future Land Use Map and Zoning Atlas amendments. The applications being reviewed address comments previously provided and therefore the assigned case numbers will remain the same as the original number. After a preliminary review of the resubmitted documents, staff determined that the applications are complete. You can track the progress of the cases online via the following link: www.myclearwater.com/epermits. The following review schedule is tentatively established for the applications. Should there be a change to a meeting time or location, the City will contact you immediately. The owner or owner's agent is required to attend the Development Review Committee, Community Development Board, and City Council meetings. The case will be forwarded to the Community Development Board upon being deemed sufficient by the City. January 5, 2017 Development Review Committee Meeting Time TBD* Municipal Services Building, 2nd Floor Planning & Development Department, Conference Room 216 100 S. Myrtle Avenue, Clearwater, FL *Please call Sherry Watkins at 727.562.4582 no earlier than one week prior to the meeting for the approximate time of the case review. February 21, 2017 Community Development Board Meeting 1:00 PM City Hall Council Chambers, 3rd Floor 112 S. Osceola Avenue, Clearwater, FL George N. Cretekos, Maur Doreen Caudell, Qmmilmember Bill Janson, Councilmember Dr. Bob Cundif, , Councilrnember Hays Hunilton, ommcilmember qw- 'Equal Employment ahv Action Employe? March 16, 2017 City Council Public Hearing (first reading) 6:00 PM City Hall Council Chambers, 3`a Floor 112 S. Osceola Avenue, Clearwater, FL April 6, 2017 City Council Public,. Hearing (second reading) 6:00 PM City Hall Council Chambers, 3`a Floor 112 S. Osceola Avenue, Clearwater, FL Please contact me at 727-562-4836 or ellen.crandall@myclearwater.com if you have any questions. Sincerely, Ellen Crandall Senior Planner, Long Range Planning Division November 3, 2016 Housh Ghovaee Northside Engineering, Inc. 300 South Belcher Road Clearwater, FL 33765 City of Clearwater Clearwater Planning & Development, Post Office Box 4748, Clearwater, Florida 33758-4748 100 South Myrtle Avenue, Clearwater, Florida 33756 Telephone (727) 562-4567 Fax (727) 562-4865 RE: Case #LUP2016-08008 and REZ2016-08005 Parcel #06-29-16-00000-230-0200 Dear Mr. Ghovaee: The City of Clearwater Planning & Development Department has reviewed the above referenced resubmitted applications for Comprehensive Plan Amendment, LUP2016-08008 and Zoning Atlas Amendment, REZ2016-08005. The applications are being reviewed to address comments previously provided and therefore the assigned case number will remain the same as the original numbers. After a preliminary review of the submitted documents, staff determined that the applications are Incomplete. The following items and/or information are required in order to make your applications Complete and remain on track for the December 1, 2016, Development Review Committee meeting: 1. Applications, page 1, please provide an accurate written project description. 2. Applications, page 2, please provide the accurate acreage of disturbance (0.72 acres) consistent with the Southwest Florida Water Management District (SWFWMD) letter dated November 1, 2016, approving amendments to Permit No. 43034349.002, where an additional 0.12 acres of Wetland #1 may be filled. 3. Applications, page 4, please revise written responses to criteria consistent with the revised acreage. 4. Armstrong Environmental Services, Inc. reports dated November 1, 2016, references the wrong acreage amounts related to the wrong wetland areas and is not consistent with the SWFWMD approval. 5. Surveys, Wetland #2, please provide accurate survey and legal description consistent with the SWFWMD approval of filling 0.35 acres of the 0.60 acres of Wetland #2 and retaining 0.25 acres as wetland area. Section 4-202(C) of the Community Development Code states that if an application is deemed incomplete, the deficiencies of the application shall be specified by Staff. No further George N. Cretelw Mayor Doreen Caudell. Cot= lmember Bill Jonson, Coancilmember Dr. Bob Cundiff, Councilmember 0 Hoyt Hamilton, Courutlmernber `Equal Employment and Affirmatlye Action Employer' development review action shall be taken until the deficiencies are corrected and the application is deemed complete. Please resubmit the above information, electronically, by Thursday, November 10, 2016, at NOON in order to keep this application on schedule for the December 1, 2016, Development Review Committee meeting. When you resubmit please make sure that it includes one (1) complete set of plans and application materials as required which shall be submitted digitally combined into one single PDF file and placed on a CD/DVD/ JSB Drive. Please contact me at 727-562-4547 or lauren.matzke@myclearwater.com if you have any questions. Sincerely, Lauren Matzke, AICP Long Range Planning Manager Crandall, Ellen From: Matzke, Lauren Sent: Monday, June 19, 2017 4:50 PM To: Crandall, Ellen Subject: FW: Forward Pinellas June 14 Meeting Summary Follow Up Flag: Follow up Flag Status: Flagged Categories: Red Category They don't specifically mention any issues with the Consent Agenda, so I am assuming everything was good with the map adjustment for Montclair. I think that means everything is all set and you can send final notice to Housh, if you haven't already. From: ]ablon, Tina M[mailto:TM]ablon@co.pinellas.fl.us] Sent: Monday, June 19, 2017 11:21 AM Subject: Forward Pinellas June 14 Meeting Summary Executive Summary, 6.14.17 Board Meeting The full agenda for the meeting, the meeting video, and a short list of actions that the board took this month are all on our website. All government correspondence is subject to the public records law. • The board approved the new five-year Transportation Improvement Program (2017/18 through 2021/22) and one amendment to the previous version of the TIP o The amendment was to incorporate a sidewalk project on 62nd Avenue North from 62nd Street North to 55th Street North o For the TIP adoption, Commissioner Dave Eggers asked about the next five years of the planning for U.S. 19 projects, with staff clarifying that of the five projects on U.S. 19, only the projects north of Curlew Road have not been funded for construction ■ The executive director clarified that Forward Pinellas intends to have ongoing conversations with communities on whether extending the planned elevated portions of U.S. 19 north of Tampa Road is in their best interests • The board also approved the Forward Pinellas 2017-18 multimodal priority list and Transportation Alternatives priority list o Three fully funded projects from the previous year are coming off the priority list: ■ Starkey Road sidewalks ■ Harn Boulevard Overpass ■ The north gap of the Pinellas Trail Loop o Seven projects are being added to the list: ■ $1 million for U.S. 19 Complete Streets project ■ $500,000 for the Gateway/Mid-County Area Master Plan ■ Construction of the Gandy Bridge Trail ■ Three Alternate U.S. 19 projects: • Two studies to identify improvements for Alt 19 • Construction of a turn lane at Curlew Place ■ A study to identify improvements for U.S. 19 in the vicinity of Gandy Blvd • Board members engaged in an extended discussion of the priorities approved by the TMA Leadership Group at its meeting earlier in the month . o The board conditionally approved the TMA top priorities, with two changes: moving CSX corridors and Waterborne Transportation Projects from being in their own priority categories to the category of "regional transit catalyst projects, which may include" ■ Board members did not feel that these projects warranted inclusion on the list as immediate priority projects needing funding ■ Darden Rice and Jim Kennedy, both council members from St. Petersburg, voted against moving the waterborne projects ■ The TMA top priority project list will be sent back to the TMA Leadership Group for further discussion at its next meeting o The board approved the TMA multi -use trail priorities with no changes o Later in the meeting, the board expressed desire for the TMA Leadership Group to refocus its mission based on a regional vision and clear outcomes, citing the priority selection process as poorly defined and confusing • AECOM consultant Nick Myers presented the final results of the Joe's Creek Preferred Trail Alignment study o The preferred alignment connects Joe's Creek Greenway Park to the Fred Marquis Pinellas Trail by generally following Joe's Creek and running down 71st Street North ■ In addition, the alignment continues along Joe's Creek past 7152 Street North and up to 54th Avenue North ■ The eastern portion of the preferred alignment runs from Joe's Creek Greenway Park and connects to 34th Street North, crossing the CSX line at 52nd Avenue North o The consultant estimated $9.64 million for 5.2 miles of trail facilities, which included construction of two full signals for crossing on both 66th Street North and 49th Street North ■ That cost could be reduced if trail construction happened in conjunction with planned stormwater improvements • Two amendments to the Countywide Plan Map came before the board: o Property in Tarpon Springs at U.S. 19 and Meres Boulevard, changing from office to retail & services classification o Property in unincorporated Pinellas County at 500 Anclote Road, with part of the parcel changing from employment to residential classification ■ The residential use would complement the employment use by providing housing for employees working in the area • The residential developer also signed an agreement to put in infrastructure to make industrial development on the parcel more attractive ■ The Pinellas County amendment sparked discussion among board members about the importance of workforce housing and the process the Countywide Plan puts in place to balance considerations of land needed for industrial purposes vs. residential uses 2 • The TBARTA Board did not approve the consultant for the regional best practices study at its June meeting and will be taking the issue up again with its new board at its next meeting in August o TBARTA staff is looking at a new timeline for the study given this development • Staff presented a demonstration of the Truth in Annexation worksheet on the Forward Pinellas website, a resource to help property owners estimate the cost of annexing into a city or town • The board approved the scopes for extending the economic impact study of U.S. 19 to include Tarpon Springs and Largo segments • The executive director presented a legislative report on the outcome of the state budget • The board approved dissolving the Transportation Mobility Management Advisory Committee, at the committee's recommendation o The committee's main focus, technology issues related to transportation, will be now be transferred to the Technical Coordinating Committee • The Pinellas County MOT Working Group on the Tampa Bay Next project will hold a meeting on July 13 at 5:30 p.m. at Collaborative Labs, 13805 58th St. N, Clearwater WORK SESSION AGENDA Location: Council Chambers - City Hall Date: 04/17/17 —1:00 PM 1. Call to Order 2. Presentations V/ 2.1 April Service Awards V,"2.2 Comprehensive Annual Financial Report for Fiscal Year 2016 (WSO) Convene as Pension Trustees 1. Call to Order 2. Approval of Minutes 2.1 Approve the minutes of the March 13, 2017 Pension Trustees Meeting as submitted in written summation by the City Clerk. 3. Citizens to be Heard Regarding Items Not on the Agenda 4. New Business Items ✓4.1 Accept the January 1, 2017 Annual Actuarial Valuation for the Employees' Pension Plan. /4.2 Approve the new hires for acceptance into the Pension Plan as listed. 4.3 Approve the following request of employees Felicia Donnelly, Parks and Recreation Department, Tracey Reed, Library Department and Scott Jordan, Planning and Development Department, to vest their pensions as provided by Section 2.419 of the Employees' Pension Plan. 4.4 Approve the following request of employee Donald Thomson, Fire Department, for a regular pension as provided by Sections 2.416 and 2.424 of the Employees' Pension Plan. 5. Adjourn Reconvene Work Session 3. Economic Development and Housing 3.1 Strategic Plan FY15-16 Update (WSO) 3.2 Establish a city-wide Economic Development Incentive Policy under which certain factors shall be considered with respect to economic development incentives and adopt Resolution 17-14. 4. Parks and Recreation {13h Way i�tr. 10 /4.1 Award a purchase contract to Blu Site Solutions of Southwest Florida Inc. for portalet services to be utilized for city special events and projects, in the estimated amount of $100,000 annually, for a period of one year, with two one-year extension options at the City's discretion, and authorize the appropriate officials to execute same. (consent) ✓ 4.2 Ratify and confirm the City Manager's approval to provide additional funding in the amount of $46,500 to complete the construction and :installation of scoreboards at Carpenter Complex and Jack Russell Stadium, to be funded from available funds in existing Capital Improvement projects. v/4.3 Award a purchase order (contract) to Capital Golf Carts Inc. for golf cart rentals and service for city special events, in the amount of $50,000, for a period of one year, with two one -1 year extension options at the City's discretion, and authorize the appropriate officials to execute same. (consent) 5. Planning 5.1 Approve the annexation, initial Future Land Use Map designation of Residential Urban (RU) and initial Zoning Atlas designation of Low Medium Density Residential (LMDR) District for 3115 Johns Parkway, together with certain right-of-way of Johns Parkway, and pass Ordinances 9008-17, 9009-17 and 9010-17 on first reading. (ANX2017-01001) 5.2 Approve the annexation, initial Future Land Use Map designation of Residential Low (RL) and initial Zoning Atlas designation of Low Medium Density Residential (LMDR) District for 3052, 3059 and 3070 Hoyt Avenue; together with certain rights-of-way of Glen Oak Avenue North, Glen Oak Avenue East, Lake Vista Drive, Terrace View Lane, Moss Avenue, Merrill Avenue, and Hoyt Avenue; and pass Ordinances 9011-17, 9012- 17 and 9013-17 on first reading. (ANX2017-02003) 5.3 Approve a Future Land Use Map Amendment from Preservation (P) to the Residential Medium (RM) designation for a 0.72 -acre portion of property located at 2251 Montclair Road; and pass Ordinance 8980-17 on first reading. (LUP2016-08008) 5.4 Approve a Zoning Atlas Amendment from Preservation (P) District to the Medium High Density Residential (MHDR) District for a 0.72 -acre portion of property located at 2251 Montclair Road; and pass Ordinance 8981-17 on first reading. (REZ2016-08005) 6. Information Technology 6.1 Ratify and confirm an increase to the original contract (purchase order) ST113251 to Municipal Code Corporation, Inc., Tallahassee, FL in the amount of $95,423.30 for a revised authorization of $113,621.20 for software upgrades, maintenance fees and professional services of the City's document imaging system, and authorize appropriate officials to execute same. 6.2 Ratify and confirm an increase to the original contract (purchase order) BR510822 to Vision Internet, Santa Monica, CA in the amount of $34,508.50 for a revised authorization of $180,550.00 for upgrades, modifications and maintenance of the City's website. N rA 6.3 Approve a contract increase to Accela, Inc. or San Ramon, CA, (ST113654) in the amount of $157,160.00 for a revised total amount of $170,000.00 for software maintenance and professional services, and authorize the appropriate officials to execute same. (consent) 7. Solid Waste 7.1 Approve a one-month extension to a contract (Blanket Purchase Order) to Tracking Solutions Corporation (TSO Mobile) of Doral, Florida for an amount not to exceed $10,000 for the Monthly Maintenance Fees for the period April 1, 2017 through April 30, 2017, per the contract dated September 1, 2015, and authorize the appropriate officials to execute the same. (consent) 7.2 Authorize a purchase order (contract) to Honeywell International, Inc. - Building Solutions of Chicago, IL for $200,000 for FY 17/18 quarterly Maintenance Fees, in accordance with the 20 -year and 15 -year Maintenance Agreement approved by Council November 17, 2008 and April 28, 2010, and authorize the appropriate officials to execute same. (consent) 8. Official Records and Legislative Services 8.1 Reappoint Richard Porraro, W. Bruce Brock and Paul A. Doric to the Airpark Advisory Board with terms to expire April 30, 2021. 8.2 Appoint two members to the Public Art and Design Board with terms to expire April 30, 2021. 8.3 City Council Policies (WSO) 9. Legal 9.1 Approve a Contract for Purchase of Real Property with the Clearwater Marine Aquarium for 301 Pierce Street in the amount of $4,250,000.00 and total expenditures not to exceed $4,265,000; approve a lease agreement for the same real property to the Clearwater Marine Aquarium commencing April 2017; and authorize the appropriate officials to execute all documents necessary to complete the transactions and adopt Resolution 17-15. 9.2 Approve a five-year Legal Services Agreement with the law firm of Thompson Sizemore and Gonzalez, of Tampa, FL, for representation in employee matters for an amount not to exceed $50,000 per calendar year, and authorize .the appropriate officials to execute same. (consent) 9.3 Adopt Ordinance 9004-17 on second reading, vacating a portion of public Right -of -Way described as that certain portion of Sedeeva Circle South Right -of -Way lying in the Northeast % of Section 3, Township 29 South, Range 15 East, Pinellas County, Florida subject to a Sidewalk and Drainage and Utility Easement which is to be retained over the Northwest 10 feet thereof. 9.4 Adopt Ordinance 9015-17 on second reading, amending the Operating Budget for the Fiscal Year ending September 30, 2017 to reflect increases and decreases in revenues and expenditures for the General Fund, Special Development Fund, Special Program Fund, Solid Waste and Recycling Fund, Parking Fund, General Services Fund, and Administrative Services Fund. 9.5 Adopt Ordinance 9016-17 on second reading, amending the Capital Improvement Budget for the Fiscal Year ending September 30, 2017, to reflect a net increase of $4,212,990. 9.6 Adopt Ordinance 9017-17 on second reading, vacating public Right -of -Way described as that certain portion of Rogers Street Right -of -Way lying in the Southeast '/4 of Section 17, Township 29 South, Range 16 East, Pinellas County, Florida. 9.7 Adopt Ordinance 9018-17 on second reading, vacating the North 6 feet of a 10 foot Utility Easement along the south line of Lot 67 of Woodgate of Countryside - Unit Three, recorded in Plat Book 72, Pages 96 and 97, of the Public Records of Pinellas County, Florida. 10. City Manager Verbal Reports 11. City Attorney Verbal Reports 12. Council Discussion Item 12.1 Curb installation at Countryside Blvd. entrance to Village Square (near Grill Smith) - Councilmember Jonson 13. New Business (items not on the agenda may be brought up asking they be scheduled for subsequent meetings or work sessions in accordance with Rule 1, Paragraph 2). 14. Closing Comments by Mayor t 15. Adjourn 16. Presentation(s) for Council Meeting 16.1 Surgeon General Healthiest Weight Designation - Megan Carmichael, Florida Department of Health - Pinellas County 16.2 Landscape Architecture Month Proclamation - John DelVitto, American Society of Landscape Architecture, Tampa Chapter 16.3 Relay,for Life Weekend Proclamation COMMUNITY DEVELOPMENT BOARD MEETING MINUTES CITY OF CLEARWATER March 21, 2017 DRAFT Present: Vice Chair John Funk, Board Member Michael Boutzoukas, Board Member David E. Allbritton, Board Member Christopher J. Anuszkiewicz, Board Member Mary A. Lau, Board Member Mike Flanery, Board Member John Quattrocki, Alternate Board Member Charles R. Haydon Also Present: Jay Daigneault - Attorney for the Board, Camilo Soto - Assistant City Attorney, Michael L. Delk - Planning & Development Director, Robert Tefft — Planning Manager, Patricia O. Sullivan - Board Reporter DRAFT A. CALL TO ORDER, INVOCATION, PLEDGE OF ALLEGIANCE The Chair called the meeting to order at 1:00 p.m. at City Hall, followed by the Pledge of Allegiance. To provide continuity for research, items are in agenda order although not necessarily discussed in that order. B. ROLL CALL: C. ELECTION OF OFFICERS Member Anuszkiewicz moved to appoint John Funk as Chair. The motion was duly seconded and carried unanimously. Alternate Member Haydon did not vote. Member Lau moved to appoint Michael Boutzoukas as Vice Chair. The motion was duly seconded and carried unanimously. Alternate Member Haydon did not vote. D. APPROVAL OF MINUTES OF PREVIOUS MEETING: February 21, 2017 Member Boutzoukas moved to approve the minutes of the February 21, 2017 Community Development Board meeting as submitted in written summation. The motion was duly seconded and carried unanimously. Alternate Member Haydon did not vote. E. CITIZENS TO BE HEARD RE ITEMS NOT ON THE AGENDA Lisa Lanza questioned if the CDB (Community Development Board) had reviewed the plan for Coachman Park and said the board should ask questions about it. Community Development 3/21/2017 Andy Boyle questioned if a fire entrance/exit could be changed randomly; he said the Fire Marshal told him his building's plan was inaccurate. Planning & Development Director Michael Delk recommended Mr. Boyle contact the building department. Attorney for the Board Jay Daigneault said the CDB was not empowered to opine on these types of questions. F. WITHDRAWN: (Item 1) 1. Level Three Application Case: DVA2016-09001 — Unaddressed and 2425 McMullen Booth Road Owner: Kim A. Preedom Trust; Randall R. Preedom Trust Applicant: HR Tampa Bay, LLC; Claire Clements (9804 West Park Village Drive, Tampa, FL 33626; phone: 813-293-3719; email: Claire(c-hrtampabay.com) Location: 6.522 acres located on the west side of McMullen -Booth Road approximately 836 and 1,058 feet south of Enterprise Road East. Request: The Community Development Board is reviewing a proposed Development Agreement between HR Tampa Bay LLC., and the City of Clearwater, and making a recommendation to City Council. Neighborhood Associations: Clearwater Neighborhoods Coalition Presenter: Melissa Hauck -Baker, AICP, Senior Planner Case DVA2016-09001 was withdrawn. G. CONSENT AGENDA: The following cases are not contested by the applicant, staff, neighboring property owners, etc. and will be approved by a single vote at the beginning of the meeting: (Items 1-4) PULLED FROM CONSENT AGENDA 1. Case: LUP2016-08008 — 2251 Montclair Road Level Three Application Owner: Montclair Lake Townhomes, LLC. Applicant: Northside Engineering, Inc. (300 S. Belcher Road, Clearwater, FL 33765; phone: 727-443-2869; email: housh northsideengineering.net) Location: 0.72 acre portion of a property located on the south side of Montclair Road approximately 770 feet west of N Belcher Road Request: The Community Development Board (CDB) is reviewing a request to request to amend the Future Land Use Map designation of a 0.72 acre portion of a property from Preservation (P) to Residential Medium (RM) and making a recommendation to City Council. Neighborhood Associations: Clearwater Neighborhoods Coalition, College Park Neighborhood Association Presenter: Ellen Crandall, Senior Planner Senior Planner Ellen Crandall reviewed the Staff Report. SWFWMD (Southwest Florida Water Management District) did not require mitigation. Community Development 3/21/2017 2 Concern was expressed that mitigation would be crucial if the wetlands sheltered critical bird nesting areas. Environmental Manager Ed Chesney said the City had no mechanism to require or permit mitigation and relied on State agencies to enforce laws. The subject property did not have historical wetlands. Applicant Housh Ghavaee said his firm's environmental consultant had several meetings with SWFWMD. He said the site's minimal wetland, created by water running through hydric soil, had a few palm trees, no environmental issues, and did not provide a habitat for birds. He said the site will be landscaped with many trees. A resident said the Environmental Advisory Board should have reviewed the request and recommended plants be grown along the lake for birds and wildlife. Member Boutzoukas moved to recommend approval of Case LUP2016-08008 based on the evidence and testimony presented in the application, the Staff Report and at today's hearing, and hereby adopt the Findings of Fact and Conclusions of Law stated in the Staff Report. The motion was duly seconded and carried unanimously. Alternate Member Haydon did not vote. PULLED FROM CONSENT AGENDA 2. Case: REZ2016-08005 — 2251 Montclair Road Level Three Application Owner: Montclair Lake Townhomes, LLC. Applicant: Northside Engineering, Inc. (300 S. Belcher Road, Clearwater, FL 33765; phone: 727-443-2869; email: housh -northsideengineering.net) Location: 0.72 acre portion of a property located on the south side of Montclair Road approximately 770 feet west of N Belcher Road Request: The Community Development Board (CDB) is reviewing a request to amend the Zoning Atlas from Preservation (P) to Medium High Density Residential (MHDR) and making a recommendation to City Council. Neighborhood Associations: Clearwater Neighborhoods Coalition, College Park Neighborhood Association Presenter: Ellen Crandall, Senior Planner Senior Planner Ellen Crandall said this request was to amend the property's zoning. Member Allbritton moved to recommend approval of Case REZ2016-08005 based on the evidence and testimony presented in the application, the Staff Report and at today's hearing, and hereby adopt the Findings of Fact and Conclusions of Law stated in the Staff Report. The motion was duly seconded and carried unanimously. Alternate Member Haydon did not vote. Community Development 3/21/2017 3 PULLED FROM CONSENT AGENDA 3. Case: FLD2016-12042 —18401 US Highway 19 North Level Two Application Owner: Vance Wright; Inspecs U.S.A. (18401 US 19 N, Clearwater, FL 33764) Agent: Cole Lane; AndersonLane, Inc. (2750 N. McMullen Booth Road, Suite 104, Clearwater, FL 33561; phone: 727-797-5050; email: clane(cDandersonlaneinc.com) Location: 0.643 -acre property is located on the north side of Belleair Road (private) approximately 475 feet east of US Highway 19 North Atlas Page: 318A Existing Zoning: Commercial (C) District (at time of application) Request: The Community Development Board (CDB) is reviewing an amendment to a previously approved Level Two Flexible Development application (FLD2011- 11041) for an existing office use which includes an increase in the size of the property, a realignment of existing parking spaces, the relocation of a dumpster and the provision of additional landscape area in the Commercial (C) District for the property located at 18401 US Highway 19 North (Section 4-406). Proposed Use: Office (no change to existing use) Neighborhood Associations: Clearwater Neighborhoods Coalition Presenter: Mark T. Parry, AICP, Senior Planner Andy Boyle requested Party Status. Member Lau moved to grant Andy Boyle Party Status. The motion was duly seconded and carried unanimously. Alternate Member Haydon did not vote. Member Allbritton moved to accept Mark Parry as an expert witness in the fields of redevelopment planning, comprehensive planning, annexation implementation, zoning, land use/rezoning applications, land development general planning code amendments, landscape ordinance, and special area plans/overlay districts. The motion was duly seconded and carried unanimously. Alternate Member Haydon did not vote. Senior Planner Mark Parry reviewed the Staff Report. Applicant Vance Wright reviewed changes to the parcel line after Flournoy, developers of an abutting parcel, ceded land to the office property. He said landscaping will be added, the parking lot will be restriped with the same number of spaces, and the dumpster will be moved to the property's edge. He said nearby easements were not part of the subject property. Party Status Holder Boyle said his condominium development, Grand Bellagio, had granted an easement to the subject property's former owner. He discussed difficulties related to emptying his development's trash compactor and problems the nearby apartment development will cause, including trash collection and traffic congestion on Belleair Road. Community Development 3/21/2017 4 A Grand Bellagio resident said Belleair Road already was burdened with heavy traffic. He said apartment resident access to the road would lower his property's value and requested that the City Council block apartment resident access to Belleair Road. Mr. Parry said these resident concerns were unrelated to the application; the office building property was being enlarged by one-half acre. Assistant City Attorney Camilo Soto said easement agreements were between private property owners. Daniel Simpson, representing the applicant, said this section of Belleair Road was a private road. Mr. Wright said the office building property paid for the right to use Belleair Road and had a permanent easement between the road and office building parking lot; Flournoy owned the easement. He said Flournoy owned property and the Grand Bellagio trash compactor were not part of this application Party Status Holder Boyle said the easement his condominium development granted to the office building was not intended to be used by an apartment complex. He expressed concern increased traffic from the apartments would result in a catastrophe that would not affect the developer. He requested the applicant plant nice trees. A resident said the Belcher Road/Gulf-to-Bay Boulevard intersection proved traffic mistakes could not be corrected later. Attorney Daigneault said much of the provided information was not relevant; he recommended members confine their analysis to the Staff Report and criteria in the Code. Member Boutzoukas moved to approve Case FLD2016-12042 based on the evidence and testimony presented in the application, the Staff Report and at today's hearing, and hereby adopt the Findings of Fact and Conclusions of Law stated in the Staff Report. The motion was duly seconded and carried unanimously. Alternate Member Haydon did not vote. 4. Case: FLD2016-12039 — 706 Bayway Boulevard Level Two Application Owner: Robert Lyons; Bayway Hotel Holdings, LLC (20001 Gulf Blvd, Suite 5, Indian Shores, FL 33785; email: swcrel(@.gmail.com) Agent: Pat Montecki, Arcturus Group (2328 US Highway 19, Holiday, FL 34691; phone: 727-940-8888; email: pmontecki(a)-arcturusgroupllc.com) Location: 0.35 acre property is located on the northeast corner at the intersection of Parkway Drive and Bayway Boulevard Atlas Page: 285A Existing Zoning: Tourist (T) District Community Development 3/21/2017 5 Request: The Community Development Board (CDB) is reviewing a proposal for 14 resort attached dwellings in the Tourist (T) District for the property located at 706 Bayway Boulevard. The project is 60.7 feet in height, includes 21 parking spaces, and requests allowable flexibility from setback requirements and the Design Guidelines of Beach by Design as well as a request for a two-year development order (Sections 2-803 and 4-407). Proposed Use: Resort Attached Dwellings Neighborhood Associations: Clearwater Neighborhoods Coalition Presenter: Kevin W. Nurnberger, Senior Planner Member Anuszkiewicz moved to approve Case FLD2016-12039 on today's Consent Agenda based on evidence in the record, including the application(s) and the Staff Report(s), and hereby adopt the Findings of Fact and Conclusions of Law stated in the Staff Report(s), with conditions of approval as listed. The motion was duly seconded and carried unanimously. Alternate Member Haydon did not vote. G. ADJOURN The meeting adjourned at 2:00 p.m. Attest Board Reporter Chair Community Development Board Community Development 3/21/2017 6 S:\Planning Department\C D B\Land Use AmendmentsWctive Cases\Montclair Road 2251 LUP2016-08008 - Montclair Lake Townhomes LLC\Maps\ZonLUP2016-08008, REZ08005 Map Request revised 120816.docx •` � • •• ••2 tV .. n .: I it T • z8 e i'bPtAN' W .. .. �� .. {�;• 7 2 85 Rev. 11/30/16 MONTCLAIR RD 00 19.7 N � � N MDR ' MHDR LIR MHDR 79 '9s L MHDR ,9 193 2�Q 1927 t G V !v g Z 1911 �9>> 2� v 0 M N D SUNSET POINT RD 1 189 MDR 7&g ALBRIGHT DR 1ag1 F1 875 1875 1876 1875 ZONING MAP Owner(s): Montclair Lake Townhomes, LLC Case: LUP2016-08008 R EZ2016-08005 Site: 2251 Montclair Road Property 0.72 Size(Acres): Land Use Zoning PIN: 06-29-16-00000-230-0200 From: P P Atlas Page: 254A To: RM MHDR S:\Planning Department\C D B\Land Use AmendmentsWctive Cases\Montclair Road 2251 LUP2016-08008 - Montclair Lake Townhomes LLC\Maps\ZonLUP2016-08008, REZ08005 Map Request revised 120816.docx SAPlanning Department\C D B\Land Use Amendments\Active Cases\Montclair Road 2251 LUP2016-08008 - Montclair Lake Townhomes LLC\Maps\F1uLUP2016-08008, REZ08005 Map Request revised 120816.docx F.V] z > Rev. 11/30/16 N � � N � RLMRM //��� RM ° `197 P P L RM '9S, RM 7 \ / 1943 1B WAT . 1935 2156 2164 21931 R/O / R 1927 2170 !L`Co �/,`- 2176 RU V ��/ 1919 2182 �v \ i--- Z 2188 9 1911 2�9 P SUNSET POINT RD m 18 RM cu CG 76&0 M� 0^ /O 88) 8 78875 18 6 1171 — 876 5 FUTURE LAND USE MAP Owner(s): Montclair Lake Town homes, LLC Case: LUP2016-08008 REZ2016-08005 Site: 2251 Montclair Road Property 0.72 Size(Acres): Land Use Zoning PIN: 06-29-16-00000-230-0200 From: P P Atlas Page: 254A To: RM MHDR SAPlanning Department\C D B\Land Use Amendments\Active Cases\Montclair Road 2251 LUP2016-08008 - Montclair Lake Townhomes LLC\Maps\F1uLUP2016-08008, REZ08005 Map Request revised 120816.docx SAPlanning Department\C D B\Land Use Amendments\Active Cases\Montclair Road 2251 LUP2016-08008 - Montclair Lake Townhomes LLC\Maps\2x2LUP2016-08008, REZ08005 Map Request revised 112916.docx - WQNML.ALR L s ; s S 2x2 PDF MAP (for newspaper) Owner(s): Montclair Lake Townhomes, LLC Case: LUP2016-08008 R EZ2016-08005 Site: 2251 Montclair Road Property 0.72 Size(Acres): Land Use Zoning PIN: 06-29-16-00000-230-0200 From: P P Atlas Page: 254A To: RM MHDR SAPlanning Department\C D B\Land Use Amendments\Active Cases\Montclair Road 2251 LUP2016-08008 - Montclair Lake Townhomes LLC\Maps\2x2LUP2016-08008, REZ08005 Map Request revised 112916.docx L -u F 2-oi o -,,DB 050c) 5 'Z2 � I (C.�,� pis' UA LAA a� 1AJ VA CB -1 vx I- 6�,T cn-�� � Ise C Ita� 6u, lei ; o Iz Matzke, Lauren From: Hauck -Baker, Melissa Sent: Tuesday, October 18, 2016 8:58 AM To: Matzke, Lauren Subject: 2251 Montclair Lauren, After looking at the file a little closer, there are several inconsistencies between the application, the environmental consultants report and the SWFMD documents. The original submittal included the following: The application identifies the site area as 0.98 acres Armstrong Environmental Services, Inc., report dated July 15, 2015, which identified the site as +/-12 acres and two Surface Water Impact areas #1 (0.41 acres) and #2 (0.34 acres). Table One includes consistent acreage for the impact size. resbumittal included the following: The application identifies the site area as 0.98 acres Armstrong Environmental Services, Inc., report dated July 15, 2015, which identified the site as +/- 12 acres and two Surface Water Impact areas #1 (0.41 acres) and #2 (0.34 acres) within the text portion of the report. HoESbelOne has been altered to reflect an impact size of 0.98 acres #1(0.61 acres) and #2 (0.37 acres). Thcorrespondence, dated June 20, 2016, identifies a site area of 11.17 acres and the impacts as folland #1 (0.25 acres) and Wetland #2 (0.35 acres) Given the amount of inconsistencies and the fact that the environmental report appears to be severely inconsistent, I would recommend that the application is not sufficient to move forward to the Co mmu Development Boa t this time. Let me know if you would like to discuss further Thank you, Melissa Hauck -Baker, AICP, PP Senior Planner Planning & Development Department 100 S Myrtle Avenue Clearwater, FL 33756 T:(727)562-4567 x2855 E: melissa.hauck-baker@myclearwater.com Hours of Operation Monday -Friday: Sam - 4:30pm Customer Service Hours Monday, Tuesday, Thursday, Friday: 8am-4:30pm Wednesday 8am-2:30pm 4 s E stuCHr AN t.rnnj • RAY e c" CSV�,I,� �J � �l.J i'l,✓k'7� oi� { PA o 'l Clearwater, FL Community velopment Code Section 3-907. - Buffers provided for purposes other than landscaping. A. Vegetative buffer adjacent to preservation district or jurisdictional wetlands. 1. A vegetative buffer shall be provided on all lands within 25 feet of any property Page 1 of 2 designated on the Zoning Atlas as preservation (P), or any property determined to be wetlands under the jurisdiction of the State of Florida ("jurisdictional wetlands"); and all lands within 15 feet of the top of the bank of any creeks, channels, or related waterways which contain jurisdictional wetlands. This requirement shall not apply to existing seawalls or other structures creating an abrupt transition between any such property and the adjoining upland property. "Top of the bank" is that point on the slope at which the side slope becomes flatter than one foot vertical to four feet horizontal. 2. The required buffer width may be reduced by not more than one-third in a portion of the buffer, by providing additional width in another portion of the buffer which will result in an equivalent or greater square footage of cumulative buffer area. 3. No structure or other surface impervious to water shall be permitted within the vegetative buffer, with the exception of structures which would be allowed as a part of a Level One or Level Two approval within the preservation district. 4. Within the vegetative buffer, any native vegetation shall be protected so that the buffer will retain the character of the immediately adjacent vegetation within the preservation district. Native vegetation within the buffer shall not be removed or altered unless the removal or alteration of the vegetation will not adversely affect the hydrological or ecological integrity of the adjacent wetland. All prohibited trees existing within the buffer shall be removed by the landowner and shall be prevented from re-emergence. This subsection shall not be construed to prohibit routine maintenance trimming of nonwetland vegetation in accordance with procedures developed by the city manager. 5. If prior to October 4, 1990, the native vegetation within a vegetative buffer has been removed or altered, the owner shall not be required to restore the vegetation to its natural state. The owner shall not, however, impede the natural succession of native vegetation into the buffer. B. Buffer required within Transportation/Utility future land use category. A ten -foot buffer shall be provided on all lands designated Transportation/Utility on the Future Land Use Map that are adjacent to any other future land use classification other than Industrial. Lands designated Transportation/Utility that are adjacent to lands designated industrial future land use classifications are exempt from this requirement. (Ord. No. 6526-00, § 1, 6-15-00; Ord. No. 8043-09, § 27, 9-3-09) about:blank 10/19/2016 16 EAS OQ 0 PA 'd =LORIDA *-- - - -- . N 599 7 E 11L 3 IMI—v1rP N 89.55'41' E 413.77 (L) a / y A P� 1TTERS OF TRLE. AMERICAN DATUM 1983-1991, e• wwni (c .10 7i• S O to 101 Qi• owiDC ,* WETLAND AREA15,944 SF {` . ••••a •,p 0.361 AC. a IMPACT AREA = 0.366 V 95 ,� w.cnalr°uou Y io 1� ,p ` TB 3 HAND AUGER B SURFAC E 7 53.6 WT EL2 6 (SH .414 C0. #06-29-1 -0 -230-0200 I' t PINELLAS COUNTY COMPREHENSIVE PLAN Future Land Use Map (FLUM) Category Descriptions and Rules Amended March 17, 2009 (Ordinance 09-17) Amended March 16, 2010 (Ordinance 10-18) Amended October 26, 2010 (Ordinance 10-56) Amended April 26, 2011 (Ordinance 11-13 & Ordinance 11-14) Amended April 15, 2014 (Ordinance 14-20) PINELLAS COUNTY COMPREHENSIVE PLAN FUTURE LAND USE (FLUM) CATEGORY DESCRIPTIONS & RULES he Future Land Use Map (FLUM) categories establish the maximum densities and intensities, the locational and use characteristics of each category, and additional standards and criteria a necessary to assist in managing the development of land in the unincorporated areas of Pinellas County. The purpose of the attached category descriptions and rules is to aid decision makers and the general public in understanding what the appropriate uses are in each category, where they should be located, and how intensively a parcel of land can be developed. For each FLUM category, the compatible zoning districts in the Pinellas County Land Development Code are identified. For a specific parcel of land, however, an additional zoning district may be determined by the Pinellas County Local Planning Agency (LPA) to be compatible with a particular FLUM category based on findings of the LPA for that particular situation. Such findings would not have general applications throughout the unincorporated areas of Pinellas County and would be determined on a case—by-case basis. The Future Land Use Map was adopted as part of the Pinellas County Comprehensive Plan. Planning Department staff has automated the production of the FLUM using the Pinellas County Geographic Information System (GIS). This project was completed in November of 1995. The GIS now contains the digital spatial and attribute information for the FLUM, and includes all amendments that have been made to the FLUM since August 1989. As new amendments occur, they will be added to the GIS database and new Future Land Use Maps will be printed as needed. Copies of the unincorporated FLUM are available at the Pinellas County Planning Department, 600 Cleveland St., Suite 750, Clearwater, Florida 33755 (727-464-8200). Information and Future Land Use Maps may also be obtained at the Pinellas County Department of Building & Development Review Services. 310 Court Street, Clearwater, Florida 33756 (727-464-3888). FLUM Categories, Descriptions & Rules i FUTURE LAND USE MAP (FLUM) CATEGORY DESCRIPTIONS & RULES PART I - FUTURE LAND USE MAP (FLUM) CATEGORY DESCRIPTIONS RESIDENTIAL CLASSIFICATION ResidentialRural (RR)...........................................................................................................1 ResidentialEstate(RE)...........................................................................................................2 Residential Suburban (RS).....................................................................................................3 ResidentialLow(RL)...............................................................................................................4 ResidentialUrban(RU)...........................................................................................................5 ResidentialLow Medium(RLM)..............................................................................................6 ResidentialMedium (RM).......................................................................................................7 ResidentialHigh (RH)............................................................................................................. 8 MIXED USE CLASSIFICATION Community Redevelopment District — Activity Center (CRD -AC) ........................................... 9 Residential/Office Limited (R/OL).........................................................................................11 Residential/Office General (R/OG).......................................................................................13 Residential/Office/Retail (R/O/R)..........................................................................................14 Resort Facilities Overlay -Permanent (RFO-P).....................................................................16 Resort Facilities Overlay -Temporary (RFO-T)......................................................................17 Transit Oriented Development — Neighborhood Center(TOD-NC)......................................18 Transit Oriented Development — Community Center (TOD-CC)......................................... 18 Transit Oriented Development — Regional Center (TOD-RC-E) & (TOD-RC-MU) .............. 18 Transit Oriented Development — Park and Ride(TOD-PR)................................................. 18 Pinellas County Rail/Fixed Guideway Transit Station Area Typologies (Table 1) .............. 20 Transit Oriented Development Overlay(TODO).................................................................. 21 COMMERCIAL CLASSIFICATION Commercial Neighborhood(CN)...........................................................................................23 CommercialRecreation(CR)................................................................................................24 Commercial General (CG).................................................................................................... 25 INDUSTRIAL CLASSIFICATION IndustrialLimited (IL)............................................................................................................26 IndustrialGeneral (IG)..........................................................................................................28 PUBLIC/SEMI PUBLIC CLASSIFICATION Preservation(P).................................................................................................................... 29 Preservation -Resource Management (P-RM)......................................................................30 Resource Management Overlay (RMO-1 and RMO-2).....................................................31 Recreation/Open Space (R/OS)........................................................................................... 33 Institutional(1)....................................................................................................................... 34 Institutional Overlay (10)....................................................................................................... 35 Transportation/Utility(T/U)....................................................................................................37 ADDITIONALSTANDARDS............................................................................................................38 PART II - MANDATORY RULE/TRANSFERABLE DEVELOPMENT RIGHTS .............................40 PART III- SITE-SPECIFIC LAND USE RESTRICTIONS ON SPECIFIC PROPERTIES................44 GLOSSARY.....................................................................................................................................45 FLUM Categories, Descriptions & Rules ii RESIDENTIAL CLASSIFICATION — (cont'd) Category/Symbol — Residential Medium (RM) Purpose — It is the purpose of this category to depict those areas of the County that are now developed, or appropriate to be developed, in a moderately intensive residential manner; and to recognize such areas as primarily well-suited for residential uses that are consistent with the urban qualities, transportation facilities and natural resource characteristics of such areas. Use Characteristics — This category is generally appropriate to locations in close proximity to major employment centers and community and regional shopping centers; in areas where use and development characteristics are medium density residential in nature; in areas serving as a transition between less urban and more urban residential and mixed use areas; and in areas served by a complete range of urban services with particular emphasis on transit service and recreation/open space facilities. These areas are typically in close proximity to and may have direct access from the arterial and thoroughfare highway network. • Primary Uses — Residential. • Secondary Uses — Residential Equivalent; Institutional; Transportation/Utility; Ancillary Nonresidential. Standards — Shall include the following: • Residential Use — Shall not exceed fifteen (15) dwelling units per acre. [lo -181 • Residential Equivalent Use — shall not exceed an equivalent of 3.0 beds per permitted dwelling unit at 15 dwelling units per acre. [lo -18i • Nonresidential Use — Shall not exceed a floor area ratio (FAR) of .50, nor an impervious surface ratio (ISR) of .75. • See `Additional Standards' section of this table. Zoning Compatibility - The following zoning districts are compatible with the Residential Medium (RM) land use category: A-E Agricultural Estate Residential District E-1 Estate Residential District R -R Rural Residential District R-1 Single Family Residential District R-2 Single Family Residential District R-3 Single Family Residential District R-4 One, Two, or Three Family Residential District RM- 12.5 Residential, Multiple Family District RPD -12.5 Residential Planned Development District All RPD and RM zoning districts that allows less than 12.5 units per acre. I10-181 FLUM Categories, Descriptions & Rules DCA 10-01 / ORD.10-18 / 3-16-1 o 7 PUBLIC/SEMI-PUBLIC CLASSIFICATION Category/Symbol — Preservation (P) Purpose — It is the purpose of this category to depict those areas of the County that are now characterized, or appropriate to be characterized, as a natural resource feature worthy of preservation; and to recognize the significance of preserving such major environmental features and their ecological functions. Use Characteristics — Those uses appropriate to and consistent with this category include: Primary Uses — Open and undeveloped consistent with the following natural resource features and considerations: Tidal Wetlands and Non -tidal Wetlands; Undeveloped Barrier Islands and Spoil Islands: 25- year Floodplains; Natural Drainageways; Land Seaward of the Coastal Construction Control Line; Beach and Dune Systems; Habitat for endangered or threatened species; and such additional areas determined to have environmental significance and recognized in the Pinellas County Comprehensive Plan. Locational Characteristics — This category is generally appropriate to areas of major ecological functions, as described in the Natural Resource Conservation and Management Element; and in areas where environmental features preserved in their natural state greatly lessen the need for governmental urban support facility expenditures. In recognition of the natural conditions which they are intended to preserve, these features will frequently occur in a random and irregular pattern interposed among the other plan categories. i09-171 Standards — Shall include the following: • Preservation areas shall remain in essentially their natural condition with no development being permitted in these areas. • Transfer of development rights shall be allowed consistent with Part II of the Future Land Use Map Category Descriptions and Rules. • Where the mapped delineation of these areas is inconclusive due to the scale of the FLUM or the nature of the environmental feature, mapping of the actual boundary at an appropriate scale will depend upon a field determination during the specific project review. Zoning Compatibility — The following zoning districts are compatible with the Preservation (P) land use category: AL Aquatic Lands District PC Preservation/Conservation District All RPD zoning districts FLUM Categories, Descriptions & Rules 29 DCA09-01/ORD 09-17/3-17-09 City of Clearwater Zoning Districts • DIVISION 15. - PRESERVATION DISTRICT ("P") • Section 2-1501. - Intent and purpose. It is the intent and purpose of the Preservation :District to protect the waters, waterways and coastal wetlands of the Gulf of Mexico and Tampa Bay and noncoastal wetlands, environmentally sensitive palustrine, lacustrine and riverine areas, natural and artificially made interior bodies of water and other submerged lands through the control of development of these areas so that their ecological and aesthetic values may be preserved for the health and enjoyment of present and future generations. • Section 2-1501.1. - Maximum development potential. The Preservation District ("P") may be located in more than one land use category. It is the intent of the P District that development be consistent with the Countywide Future Land Use Plan as required by state law. The uses and development potential of a parcel of land within the P District shall be determined by the standards found in this Development Code as well as the Countywide Future Land Use :Designation of the property, including any acreage or floor area restrictions set forth in the Rules Concerning the Administration of the Countywide Future Land Use Plan, as amended from time to time. Development potential for the Countywide Future Land Use Designations that apply to the P District are as follows: Countywide Future Maximum Floor Land Use Maximum Dwelling Units per Acre Area Ratio/Imper- Designation of Land vious Surface Ratio Preservation N/A FAR .10/ISR .20 (Ord. No. 8043-09, § 22, 9-3-09) 2017 Council Schedule INTRANET 2016-12-08 2017 CITY COUNCIL MEETING SCHEDULE WORK SESSION COMMUNITY Time REDEVELOP -MENT AGENCY CITY COUNCIL MEETING Time Completed Items & attachments due to Agenda Program Items due to City Clerk Tuesday January 17 9:00 a.m. Thursday January 19 6:00 p.m. Dec. 30,2016 January 9 Tuesday January 17 9:00 a.m. Dec. 30,2016 January 9 Monday , . 30 January 1:0�0 P.M. Thursday February 2 6:00 p.m. January 13 January 23 Mondav Feb uary 13 1:00 P.M. Thursday February 16 6:00 p.m. January 30 February 6 nnY C --1;'. ,.,•:. F r'. ....M. londay February 27 1:00 P.M. Thursday March 2 6:00 p.m. February 13 February 17 Monday March 13 1:00P.M. Thursday March 16 6:00 p.m. February 27 March 6 Monday Aril 3 77777777777-1 1:00 P.M. Thursday Aril 6 6:00 p.m. March 20 March 27 Mond a Aril 17 1:00 P.M. Thursday Aril 20 6:00 p.m. April 3 Aril 10 '�' ,G i.,.�" ✓ib:'.;. �„,x � m c�r%J' C ., A,, ,;SG%.. re`s', �. � r ,:' -:5 '" r . Monday Mayl 1:00 P.M. Thursday -. Yb/ :i _- 2 ,, �,.. Si'�\ May 4 6:00 p.m. Aril 17 Aril 24 Monday May 1 1:00 P.M. Aril 17 April 24 Monday Ma 15 1:00 P.M. Wednesday Ma 17 6:00 p.m. May 1 May 8 x Q_.,,� Tuesday A? May 30 9:00 a.m. Thursday June 1 6:00 P.M. Ma 15 May 22 Monday June 12 1:00 P.M. Thursday June 15 6:00 p.m. May 26 June 5 Monday July 17 1:00 P.M. Thursday July 20 6:00 p.m. June 30 July 10 Monday July 31 1:00 P.M.� s Thursday Au us t 3 6:00 p.m. July 17 July 24 Monday August 14 1:00 p.m. Wednesday August 16 6:00.,tema,F Ji uY. l st 7 Au.a ^ 77,77 w�e ,,. �.,. `. �hN.3.: ._1w .*<u� Tuesday September 5 9:00 a.m. ThursdaySe tember 7 6:00 p.m. August 21 August 28 Tuesday September 5 9:00 a.m. August 21 August 28 COUNCIL MEETING ONLY Tuesday September 19 6:00 p.m. September 1 September 11 Monday October 2 1:00 P.M. Thursday October 5 6:00 m. September tuber 18 September 25 Monda October 16 1:00P.M. Thursda October 19 5:00 p.m.* October 2 October 9 '. ., : --a„s,.✓%;;:'"a,"s,Y ',. ,.3,+i:. ,:.. Ca''.'f p;' , !Ofr,,, '.:!", ry ....h.,,,.: MondayOctober 30 1:00P.M. ThursdayNovember 2 6:00 m. October 16 October 23 Mond a November 13 1:00P.M. ThursdayNovember 16 6:00 .m. October 30 November 6 Monday December 4 1:00 P.M. Thursday December 7 6:00 p.m. November 20 November 27 Monday December 4 1:00 P.M. November 20 November 27 * Public hearing items will begin at 6:00 p.m. 2017 Council Schedule INTRANET 2016-12-08 Clearwater City Commission WorK session Item #: Agenda Cover Memorandum Final Agenda Item # Work Session Meeting 11/14/16 Date: SUBJECT/RECOMMENDATION: Approve a Future Land Use Map Amendment from the Commercial General (CG), Residential Low (RL), Residential Urban (RU), and Residential Low Medium (RLM) categories to the Institutional (1) category for 520 and 606 South Bayview Avenue and two unaddressed parcels on South Bayview Avenue; and pass Ordinance 8958-16 on first reading. (LUP2016-08007) SUMMARY: This Future Land Use Map amendment involves four parcels of land totaling 2.62 acres on the west side of South Bayview Avenue generally located south of Gulf to Bay Boulevard, east of Thornton Road, north of Old Tampa Bay, and west of the Bayside Bridge. The parcels are owned by Our Lady of Divine Providence House of Prayer Foundation, Inc. The parcel addressed as 606 South Bayview Avenue is currently occupied by a single family home, and the remaining parcels are vacant. The applicant is requesting to amend the properties' Future Land Use Map designations of Commercial General (CG), Residential Low (RL), Residential Urban (RU), and Residential Low Medium (RLM) to Institutional (1). The applicant currently operates a religious retreat to the south and southeast, and this amendment would allow the applicant to expand their campus with additional facilities. The applicant has submitted petitions for annexation for two parcels (see case ANX2016-08028) and a Zoning Atlas amendment (see case REZ2016-08004) which are being processed concurrently with this case. The proposed Institutional (1) category would permit development at a density of 12.5 dwelling units per acre, or a FAR of 0.65. However, the City's Community Development Code limits development within the Institutional (1) District to nonresidential or residential equivalent uses. The proposed Institutional (1) future land use category recognizes the historical use of Our Lady of Divine Providence's religious retreat, allowing it to be expanded while maintaining the character and scale of development presently found along South Bayview Avenue. The Planning and Development Department determined that the proposed Future Land Use Map amendment is consistent with the provisions of Clearwater Community Development Code as specified below: • The proposed amendment is consistent with the Comprehensive Plan and the Countywide Plan Rules. • The proposed amendment is compatible with the surrounding property and character of the neighborhood. • Sufficient public facilities are available to serve the property. • The proposed amendment will not have an adverse impact on the natural environment. • The proposed amendment will not have an adverse impact on the use of property in the immediate area. Please refer to the attached staff report for LUP2016-08007 for the complete analysis. In accordance with the Countywide Plan Rules, this land use plan amendment is subject to the approval of Forward Pinellas, in its role as the Pinellas Planning Council, and the Board of County Commissioners acting as the Countywide Planning Authority. The application is a small-scale amendment so review and approval by the Florida Department of Economic Opportunity and other state agencies is not required. The Community Development Board reviewed this application at its October 18, 2016 public hearing and unanimously recommended approval. S. (Planning DepartmentlStaff FolderslEllen CrandalllExampleALUP2015-08007 CC Cover Memo.docx Attachments: LUP2016-08007 Staff Report Ordinance 8958-16 Site Photos S: (Planning DepartmentlStaff FolderslEllen CrandalllExamplesWP2015-08007 CC Cover Memo.docx • DIVISION 4. - MEDIUM HIGH DENSITY RESIDENTIAL DISTRICT ("MHDR") • Section 2-401. - Intent and purpose. The intent and purpose of the Medium High Density Residential District ("MHDR") is to protect and preserve the integrity and value of existing, stable residential neighborhoods of medium high density while at the same time, allowing a careful and deliberate redevelopment and revitalization of such neighborhoods in need of revitalization or neighborhoods with unique amenities which create unique opportunities to increase property values and the overall attractiveness of the City. • Section 2-401.1. - Maximum development potential. The Medium High Density Residential District ("MHDR") may be located in more than one land use category. It is the intent of the MHDR District that development be consistent with the Countywide Future Land Use Plan as required by state law. The uses and development potential of a parcel of land within the MHDR District shall be determined by the standards found in this Development Code as well as the Countywide Future Land Use Designation of the property, including any acreage or floor area restrictions set forth in the Rules Concerning the Administration of the Countywide Future Land Use Plan, as amended from time to time. Development potential for the Countywide Future Land Use Designations that apply to the MHDR District are as follows: Counq,wide Future Maximum Dwelling Units per Acre Maximum Floor Land Use of Land Area Ratio/Imper- esignation vious Surface Ratio Residential Medium 15 dwelling units per acre FAR .50/ISR .75 Residential High 30 dwelling units per acre FAR .60/ISR .85 Legal Description: A parcel of land being a portion of the Southwest 1/4 of the Northwest 1/4 of Section 6, Township 29 South, Range 16 East, Pinellas County, Florida, being more particularly described as follows: Commence at the Southwest corner of the Southwest 1/4 of the Northwest 1/4 of Section 6, Township 29 South, Range 16 East, Pinellas County, Florida; thence N00°34'41 "W, along the West line of said Southwest 1/4 of the Northwest 1/4 of Section 6 (being the basis of bearings for this legal description), for 1347.52 feet to the Northwest corner of said Southwest 1/4 of the Northwest 1/4 of Section 6; thence N89°55'41 "E, along the North line of said Southwest 1/4 of the Northwest 1/4 of Section 6, same being the South Right—of—Way line of Montclair Road (formerly Sunset Point Coachman Road) according to Board of County Commission Minute Book 5, page 60, of the Public Records of Pinellas County, Florida, for 413.77 feet to the POINT OF BEGINNING; thence continue N89°55'41 "E, along said North line of the Southwest 1/4 of the Northwest 1/4 of Section 6, same being said South Right—of—Way line of Montclair Road, according to Board of County Commission Minute Book 5, page 60, for 600.78 feet; thence the following three (3) courses along the Southerly Right—of—Way line of Montclair Road according the Official Records Book 4609, page 203, of the Public Records of Pinellas County, Florida; (1) thence leaving said North line of the Southwest 1/4 of the Northwest 1/4 of Section 6, S000273473'W, for 16.88 feet to the point of intersection with a non—tangent curve, concave Southerly; (2) thence Easterly along the arc of said curve, from a radial bearing of N00027'48"E, having a radius of 210.00 feet, a central angle of 30045'41", an arc length of 112,75 feet, and a chord bearing S74009'22"E for 111.40 feet to the point of tangent; (3) thence S58°46'31 "E, for 92.56 feet; thence leaving said Southerly Right—of—Way line of Montclair Road according the Official Records Book 4609, page 203, S11°58'563'E, along the Southerly Right—of—Way line of Montclair Road according the Official Records Book 4715, page 2002, of the Public Records of Pinellas County, Florida, for 15.06 feet to the point of intersection with the Westerly Right—of—Way line of Belcher Road (County Road 94) according to said Official Records Book 4609, page 203; thence S34°48'39"W, along said Westerly Right—of—Way line of Belcher Road (County Road 94) according to Official Records Book 4609, page 203, for 849.29 feet; thence the following six (6) courses along the Westerly Right—of—Way line of Belcher Road (County Road 94) according to Official Records Book 8312, page 1478, of the Public Records of Pinellas County, Florida; (1) thence S39°16'15"W, for 276.32 feet; (2) thence 334°48'343W, for 81.44 feet; (3) thence N550 1 1 '26"W, for 27.00 feet; (4) thence S34°48'34"W, for 80.00 feet; (5) thence S55°11'26"E, for 27.00 feet; (6) thence S34°48'34"W, for 129.62 feet to the point of intersection with the Northerly Right—of—Way line of Sunset Point Road (State Road S-588) according to said Official Records Book 8312, page 1478; thence S70°16'12"W, along said Northerly Right—of—Way line of Sunset Point Road (State Road S-588) according to Official Records Book 8312, page 1478, for 53.95 feet to the point of intersection with a non—tangent curve, concave Northerly; thence Westerly along said Northerly Right—of—Way line of Sunset Point Road (State Road S-588) according to Official Records Book 8312, page 1478, along the arc of said curve, from a radial bearing of S00°08'56"E, having a radius of 34,120.10 feet, a central angle of 00°06'50", an arc length of 67.80 feet, and a chord bearing S89°54'28"W for 67.80 feet to the point of intersection with a non—tangent line; thence leaving said Northerly Right—of—Way line of Sunset Point Road (State Road S-588) according to Official Records Book 8312, page 1478, N50010'18"E, for 35.77 feet; thence N55037'03"E, for 34.61 feet; thence N44°39'02"E, for 27.73 feet; thence 1\170°38326"E, for 35.22 feet; thence S65°03'37"E, for 17.00 feet; thence N58038'47"E, for 24.23 feet; thence N41°52'55"E, for 45.45 feet; thence S55011'27"E, for 2.64 feet; thence N34°48'34"E, for 14.46 feet; thence N55011'26"W, for 27.00 feet; thence N34048'34"E, for 90,00 feet; thence NO3°03'00"W, for 36.68 feet; thence N25°31'10"W, for 119.04 feet; thence N34°51'01 "W, for 207.11 feet; thence N 29'18'08"W, for 86.82 feet; thence N47036'09"E, for 130.01 feet; thence N 1 5°28' 18"E, for 217.95 feet; thence NO3" 1 6'38" E, for 223.16 feet; thence N16°2532"W, for 46.91 feet; thence N00°00'00"E, for 109.72 feet to the POINT OF BEGINNING. M LEGEND PROPERTYLINE WETLAND LINE REZONE TO MHDR AMEND LAND USE TO RES. MED. EX. ZONING: P ,PROPOSED : MHDR EX. LAND USE: P ,PROPOSED RES. MED. (SEE ATTACHED FOR LEGAL DESCRIPTION) AREA = 15,62 5 S.F. , 0.35 ACRES. (SW -B) (SEE PARCEL 2 SKETCH & DESCRIPTION ATTACHED) _ w ZONING: P FLU.. P I PROPERTY LINE r ,— S'iW',1dAU VVETLA ND LINE 0 000 No Ips Ago rale 36'090, o o� .♦ �iraif :p/01 CbO, ♦ ftft #. �,< PV ♦ _�'' '•0., ' __77- _v .r_ s� d' WETLAND & PROPERTY LINE ZONING: MHDR r + FL U.- 0 0 ti oma~ f EX. WETLAND TO REMAIN S W -A) ed ". N ....■■ L-18 .�f ■ 6ti � �4 -14 7L-4 H > 13 Ci' �I �— tri■■■■�i!' L � ~ -1 � c:,T 5 34046'39"W 81.45' (M) , L -b cis o-am4��W 81.4r4'L; 5 39016:46"�yV 276.29' (M) ■■s■■�sE��oa■�.■■ ■ mss-'ate-sm®- � ss. a S 39016 15' 276,2 ' W .� 3 (L) '�' cora K '� a■ ■ad -##■ems �e-, ■s■-a� PACK 0' _7 s IFCG PAVEMENT t.9' CONC WALL --AaJACENT 1`0 slat_;rALI< BACK OF 0.75' E' CURB CONC r EDGE OF PA VFM+ NT-' I . WETLAND LINA TO BE IMPACTED t�� 15°GV ��y. w ;� . �1iw Z►�1 ~r EA. ZONING F , FROPU.MD . MHDR ♦ w JOB"''���M R`' EX. LAND USE: P ,PROPOSED RES. MED. (SEE ATTACHED FOR LEGAL DESCRIPTION) AREA '= 15957 S. , 0.37ACRES.. (SW -Q, (SEE PARCEL 1 SKETCH & DESCRIPTION ATTACHED) — WETLAND � OZONE TO MHDR BE IMPACTED AMEND FL U TO RM TO ZONING : MHDR EX. LAND USE : RES. MED. PR OPER T Y LINE -EDGE GF PAVEMENT � CONC rl� 13ACK OF' 2.35-/oN_ ,t t� �E c&c1C < �E 0 .,, :. ,.,E r OF 4.75' 'E' 5 34048'21"W 849.32' (M) 5 34048' 39" W 849.29' (L) BEL CHER ROAD (COUNTYROAD 94) ZONING: C FLU : R/O/R 50 0 25 50 100 SCALE 1" = 50' PINE LAS COUNTY ZONING :.RPD- 7.5 RSR FLU .• RU *10 R � fj. Y pr'l' 6y'�t7 V� �a ti,1 BACK OF 2' F,:G EDGE r1F._ ,E OF PAVEMENT NC, Or 0 '5' 'E' COW.; I •LO co 0� M 00 C co M (6 ,C r.: 3 '19t M 00 or U M m w vi 0 0 ch a� C•C -i N C o 1 • o c0(5 CX cv Q oE i mon° ' U VI 'x fF xy S- a 3 r. a� a7 jiwr�pw a .i' r DONALIJ P.E. #44971 COPIES OF THESE PLANS ARE NOT VALID UNLE55 EMBOSSED WITH THE ,SIGNING ENGINEER'S SEAL Project # 1433 Issue Date: 05126/16 Revisions: No. Date Description 1t 11/20/15 CITY COMMENTS %Izl P rr 01/19/16 CITY COMMENTS ® ♦ j I 05/26/16 SWFWMD 10 26/16 SWFWMD 0 V 3 SS'FV00 WETLAND LINE r o f k/ o 0 ti oma~ f EX. WETLAND TO REMAIN S W -A) ed ". N ....■■ L-18 .�f ■ 6ti � �4 -14 7L-4 H > 13 Ci' �I �— tri■■■■�i!' L � ~ -1 � c:,T 5 34046'39"W 81.45' (M) , L -b cis o-am4��W 81.4r4'L; 5 39016:46"�yV 276.29' (M) ■■s■■�sE��oa■�.■■ ■ mss-'ate-sm®- � ss. a S 39016 15' 276,2 ' W .� 3 (L) '�' cora K '� a■ ■ad -##■ems �e-, ■s■-a� PACK 0' _7 s IFCG PAVEMENT t.9' CONC WALL --AaJACENT 1`0 slat_;rALI< BACK OF 0.75' E' CURB CONC r EDGE OF PA VFM+ NT-' I . WETLAND LINA TO BE IMPACTED t�� 15°GV ��y. w ;� . �1iw Z►�1 ~r EA. ZONING F , FROPU.MD . MHDR ♦ w JOB"''���M R`' EX. LAND USE: P ,PROPOSED RES. MED. (SEE ATTACHED FOR LEGAL DESCRIPTION) AREA '= 15957 S. , 0.37ACRES.. (SW -Q, (SEE PARCEL 1 SKETCH & DESCRIPTION ATTACHED) — WETLAND � OZONE TO MHDR BE IMPACTED AMEND FL U TO RM TO ZONING : MHDR EX. LAND USE : RES. MED. PR OPER T Y LINE -EDGE GF PAVEMENT � CONC rl� 13ACK OF' 2.35-/oN_ ,t t� �E c&c1C < �E 0 .,, :. ,.,E r OF 4.75' 'E' 5 34048'21"W 849.32' (M) 5 34048' 39" W 849.29' (L) BEL CHER ROAD (COUNTYROAD 94) ZONING: C FLU : R/O/R 50 0 25 50 100 SCALE 1" = 50' PINE LAS COUNTY ZONING :.RPD- 7.5 RSR FLU .• RU *10 R � fj. Y pr'l' 6y'�t7 V� �a ti,1 BACK OF 2' F,:G EDGE r1F._ ,E OF PAVEMENT NC, Or 0 '5' 'E' COW.; I •LO co 0� M 00 C co M (6 ,C r.: 3 '19t M 00 or U M m w vi 0 0 ch a� C•C -i N C o 1 • o c0(5 CX cv Q oE i mon° ' U VI 'x fF xy S- a 3 r. a� a7 jiwr�pw a .i' r DONALIJ P.E. #44971 COPIES OF THESE PLANS ARE NOT VALID UNLE55 EMBOSSED WITH THE ,SIGNING ENGINEER'S SEAL Project # 1433 Issue Date: 05126/16 Revisions: No. Date Description 1t 11/20/15 CITY COMMENTS 12/16/115 CITY COMMENTS 6 01/19/16 CITY COMMENTS ® 02/12/1 6 CITY COMMENTS A 05/26/16 SWFWMD 10 26/16 SWFWMD 0 M l0 � n W M � co Cl) H Q D W � � W � Y W LL U LLj CS) 0 cro H Z r W 0 Lo N J �ciU Northside V� � J❑