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DVA2010-06001; 3400 GULF TO BAY BLVD; CLEARWATER CHRISTIAN COLLEGEDVA2010-06001 3400 GULF TO BAY BLVD Date Received: 6/1/2010 11:40:10 AM Clearwater Christian College ZONING DISTRICT: LAND USE: ATLAS PAGE: 292B PLANNER OF RECORD: LLK PLANNER: Lauren Matzke, Planner 111 CDB Meeting Date: August 3, 2010 Case Number: DVA2010-06001 (Related to LUZ2010-06002) Agenda Item: C.2. (Related to C.1.) Owner/Applicant: Clearwater Christian College Private School, Inc. Representative: Katherine E. Cole, Esquire, Johnson, Pope, Bokor, Ruppel & Burns, LLP Address: 3400 Gulf-to-Bav Boulevard CITY OF CLEARWATER E PLANNING AND DEVELOPMENT DEPARTMENT STAFF REPORT GENERAL INFORMATION: REQUEST: Review of, and recommendation to the City Council, of a Development Agreement between Clearwater Christian College Private School, Inc. (the property owner) and the City of Clearwater as per Community Development Code Section 4-606. CURRENT/PROPOSED Current: Institutional (I), Commercial (C), Open ZONING DISTRICTS: Space/Recreation (OS/R), and Preservation (P) Districts Proposed: Institutional (I), Open Space/Recreation (OS/R), and Preservation (P) CURRENT/PROPOSED Current: Institutional (1), Commercial General (CG), FUTURE LAND USE Preservation (P), Recreation/Open Space (R/OS), MAP CATEGORIES: Residential Low (RL), and Water/Drainage Feature Proposed: Institutional (1), Preservation (P), Recreation/Open Space (R/OS), and Water/Drainage Feature PROPERTY USE: Current: Educational Facilities uses Proposed: Educational Facilities uses of up to 170,000 square feet of nonresidential floor area (0.149 Floor Area Ratio) and up to 750 Dormitory Beds/Residents (12.5 dwelling units per acre) at a maximum height of 50 feet EXISTING North: Preservation (P) and Open Space/Recreation (OS/R) SURROUNDING Districts ZONING AND USES: Open Space and Wetlands South: Preservation (P) and Open Space/Recreation (OS/R) Districts Tourist Information, Causeway and Tampa Bay East: Preservation (P) and Open Space/Recreation (OS/R) Open Space and Tampa Bay West: Low Medium Density Residential (LMDR), Medium Density Residential (MDR), Mobile Home Park (MHP), and Commercial (C) Residential uses, Governmental use, and Vacant Community Development Board - August 3, 2010 DVA2010-06001 - Page 1 of 5 ANALYSIS: Site Location and Existing Conditions: The 131.05-acre site is located on the north side of Gulf-to-Bay Boulevard east of Bayshore Boulevard. The subject property is developed with the Clearwater Christian College. The subject property has approximately 1,440 feet of frontage along Gulf-to-Bay Boulevard adjacent to Florida Department of Transportation (FDOT) right-of-way and approximately 1,670 feet of frontage along Bayshore Boulevard. Properties to the north and east of the subject property are zoned Preservation (P) and Open Space/Recreation (OS/R) districts and are primarily wetlands and open space comprising Coopers Bayou and Tampa Bay. Properties to the south are zoned Open Space/Recreation (OS/R) and Preservation (P) districts. This land includes the Clearwater Visitors Center, the Courtney Campbell Causeway (Gulf-to-Bay Boulevard) and associated FDOT right-of-way. Across Gulf-to-Bay Boulevard is Tampa Bay. The adjacent property to the southwest is zoned Commercial (C) District. One lot is developed with a FDOT office, and the others are vacant. Properties to the west across Bayshore Boulevard are zoned Low Medium Density Residential (LMDR), Medium Density Residential (MDR), and Mobile Home Park (MHP) Districts and are developed with attached and detached dwellings. Development Proposal: There is a companion application to amend the Future Land Use Map categories for the subject properties from Institutional (I), Commercial General (CG), Preservation (P), Recreation/Open Space (R/OS), Residential Low (RL), and Water/Drainage Feature categories to Institutional (I), Preservation (P), Recreation/Open Space (R/OS), and Water/Drainage Feature categories, and to rezone this area from Institutional (I), Commercial (C), Open Space/Recreation (OS/R), and Preservation (P) districts to Institutional (I), Open Space/Recreation (OS/R); and Preservation (P) districts (LUZ2010-06002). This Future Land Use Map amendment would expand the portion of the property designated Institutional (I) and appropriately designate areas within the College property where the future land use designation and zoning are inconsistent with the surrounding areas or the actual use of the property. The development proposal divides the subject site into two areas, a Master Plan Area (32.06 acres) and a Mitigation Area (98.99 acres). The Master Plan Area consists of the proposed Institutional (I), Preservation (P) and Recreation/Open Space (R/OS) land use designations. Development would be concentrated within the proposed Institutional (I) area and shall be in substantial conformance with the proposed Master Plan. The Master Plan depicts proposed locations for additional athletics fields and reconfigured parking as well as expansion of the college's residential dormitories and administrative space. The Mitigation Area would be designated Preservation (P), Water/Drainage Feature, and Recreation/Open Space on the future land use map. There would be no development potential within the Mitigation Area because of a conservation easement, to be granted in perpetuity. Development Agreement: The proposed Institutional (I) Future Land Use Map category for the portion of the subject property developed by the college and where future expansion is proposed would permit a maximum floor area ratio (FAR) of 0.65 and a maximum density of 12.5 dwelling units per acre. The purpose of this Development Agreement is to establish a Master Plan and Mitigation Plan Community Development Board - August 3, 2010 DVA2010-06001 - Page 2 of 5 for the Clearwater Christian College that serves as a mechanism to conceptually plan for the campus expansion and acknowledging the wetland impacts that would occur. Based on the proposed Institutional (I) lot area (1,156,518 square feet; 26.55 acres) and the maximum FAR, an institutional use could be developed with a maximum of 751,736 square feet of nonresidential floor area; however, the college is comprised of residential (dorms) and nonresidential (classrooms and administrative offices) space so a mixed-use calculation is required. The Development Agreement proposes a maximum of 170,000 square feet of nonresidential floor area. Based on the allowable FAR of 0.65, a total of 261,540 square feet of land is need to support these uses. The remainder of the Institutional (1) area (894,978 square feet or 20.54 acres), could be developed with a maximum of 256 dwelling units or 768 dormitory beds (3 beds is the equivalent of 1 dwelling unit). The Development Agreement proposes a maximum of 750 dormitory beds. The proposed Development Agreement will be in effect for a period not to exceed twenty (20) years and includes the following main provisions: ? Is not effective until final approval and effectiveness of the amendment of the future land use map categories and rezonings under LUZ2010-06002; ? Requires the Developer to seek approval from the appropriate state and federal agencies (Southwest Florida Water Management District, Florida Department of Environmental Protection, U.S. Army Corps of Engineers) for an approved mitigation plan in the Mitigation Plan Area prior to the issuance of land clearing and building permits; ? Is not effective until final approval of the wetland Mitigation Plan in the Mitigation Bank Area by the U.S. Army Corps of Engineers; ? In the event final approvals of the Future Land Use Map categories, rezonings, or Mitigation Plan are not satisfied within twelve (12) months, the City and Developer agree to terminate this agreement; ? Sets out the Developer's transportation obligations, including: • Dedication of perpetual easement of approximately 1.01 acres for ingress/egress to Coopers point Bayou property adjacent to Master Plan Area; • Construction of the Coopers Point Access in conjunction with the construction of the Master Plan; ? Requires that all improvements be constructed, if at all, pursuant to the Master Plan; ? Establishes boundary change procedures in the event that the agency permitting process results in changes to the proposed wetland jurisdictional boundary line as depicted on the Master Plan; ? Requires developer to obtain and maintain any approvals and permits necessary from the United States Fish and Wildlife Service and the Florida Fish and Wildlife Conservation Community Development Board - August 3, 2010 DVA2010-06001 - Page 3 of 5 Commission ("FWC"), including any required FWC permit for the construction near an active eagle nest; The City Council may enter into Development Agreements to encourage a stronger commitment on comprehensive and capital facilities planning, to ensure the provision of adequate public facilities for development, to encourage the efficient use of resources, and to reduce the economic cost of development. The CDB is required to review the proposed Development Agreement and make a recommendation to the City Council. SUMMARY AND RECOMMENDATION: The Development Review Committee (DRC) reviewed the application and supporting materials at its meeting of July 1, 2010, and deemed the development proposal to be legally sufficient to move forward to the CDB, based upon the following: Findings of Fact: The Planning and Development Department, having reviewed all evidence submitted by the applicant and requirements of the Community Development Code, finds that there is substantial competent evidence to support the following findings of fact: 1. That the 131.05-acre site is located on the north side of Gulf-to-Bay Boulevard east of Bayshore Boulevard; 2. That there is a companion application to amend the Future Land Use Map categories for the subject properties from Institutional (I), Commercial General (CG), Preservation (P), Recreation/Open Space (R/OS), Residential Low (RL), and Water/Drainage Feature categories to Institutional (I), Preservation (P), Recreation/Open Space (R/OS), and Water/Drainage Feature categories, and to rezone this area from Institutional (I), Commercial (C), Open Space/Recreation (OS/R), and Preservation (P) districts to Institutional (1), Open Space/Recreation (OS/R), and Preservation (P) districts (LUZ2010-06002); 3. That the proposed Institutional (1) Future Land Use Map category portion of the subject property developed by the college and where future expansion is proposed permits a maximum floor area ratio (FAR) of 0.65 and a maximum density of 12.5 dwelling units per acre; 4. That the purpose of this Development Agreement is to establish a Master Plan and Mitigation Plan for the Clearwater Christian College; and 5. That a procedure is established for boundary changes that may be required in the event that the agency permitting process results in changes to the proposed wetland jurisdictional boundary line as depicted on the Master Site Plan. Conclusions of Law: The Planning and Development Department, having made the above findings of fact, reaches the following conclusions of law: 1. That the Development Agreement implements and formalizes the maximum requirements for the construction of on-site and off-site improvements under the related site plan proposal (FLD2010-06001); 2. That the Development Agreement complies with the standards and criteria of Section 4-606 of the Community Development Code; 3. That the Development Agreement is consistent with and furthers the Visions, Goals, Objectives and Policies of the Comprehensive Plan. Community Development Board - August 3, 2010 DVA2010-06001 - Page 4 of 5 Based upon the above, the Planning and Development Department recommends the APPROVAL, and recommendation to the City Council, of a Development Agreement between Clearwater Christian College Private School, Inc. (the property owner) and the City of Clearwater as per Community Development Code Section 4-606, for the property at 3400 Gulf- to-Bay Boulevard. Prepared by Planning and Development Department Staff. Lak"'_?Mol Lauren Matzke, AICP, Pl r III ATTACHMENTS: ? Development Agreement with Exhibits ? Staff Resume ? Location Map ? Aerial Map ? Current Future Land Use Map ? Proposed Future Land Use Map ? Current Zoning Map ? Proposed Zoning Map S:IPlanning DepartmentlCD BlDevelopment Agreements (DVA)IDVA2010-06001 - Gulf to Bay 3400 (1- Proposed + P- proposed) 2010.07 DRC - LKMIDVA2010-06001 Gulf to Bay 3400 DVA Staff Report for 8 3 10 CDB.docx Community Development Board -August 3, 2010 DVA2010-06001 - Page 5 of 5 Resume Lauren Matzke, AICP 100 South Myrtle Avenue Clearwater, FL 33756 727-562-4547 lauren.matzke( )myclearwater.com PROFESSIONAL EXPERIENCE • Planner III • Planner II City of Clearwater October 2008 to present September 2008 to October 2008 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. Responsible for providing informational assistance to the public and developers concerning development plans. General planning for development and redevelopment. • Senior Planner City of St. Pete Beach, FL February 2007 to September 2008 Implemented new legislative directives for Florida's growth management laws related to governments' comprehensive planning and land development regulations. Served as staff to the City Commission, Planning Board and Historic Preservation Board. Administered the land development regulations, processed future land use plan amendments and rezonings. Prepared a special area plan for the commercial district within the City's Historic District. Served as the city's representative on countywide and regional planning agency committees. Authored the City's Evaluation and Appraisal Report. Maintained the Certified Local Government requirements for the historic preservation program. • Environmental Specialist III August 2005 to February 2007 Florida Department of Environmental Protection Tallahassee, FL Served as primary reviewer of local government comprehensive plan amendments, sector plans and evaluation and appraisal reports for the northwest region of Florida. Provided comments and recommendations to the Florida Department of Community Affairs. Drafted policies and comprehensive plan language regarding natural resource protection, assisting local government representatives. Served as the Department's representative on thr Rural Economic Development Initiative (REDI) and numerous springs protection working groups. • Planner August 2006 to December 2006 Florida Planning and Development Lab Tallahassee, FL Comprehensive Plan update for the Town of St. Lucie Village, Florida. Amended the Town's Comprehensive Plan, including Goals, Objectives and Policies and Data and Analysis to bring into compliance with all changes to Florida Statutes since 1993. Performed land suitability analysis utilizing GIS to guide amendments to the Future Land Use Map. Created a complete and updated Map Series using best available data for all Elements. • Planning Intern Glatting Jackson Orlando, FL June 2005 to August 2005 Case study research and reports on transit oriented developments for City of Charlotte, NC. Identification of stakeholders for community involvement portion of transportation project. Participated in iterative design process at community and client meetings in Pennsylvania for traffic corridor redesign project. EDUCATION Master's Degree in Urban and Regional Planning, Florida State University, 2006 Bachelor of Science in Design and Environmental Analysis, concentration in Gerontology, Cornell University, 1998 LICENSES AND ASSOCIATION MEMBERSHIPS American Institute of Certified Planners (2009 to Present) American Planning Association (2003 to Present) Florida Chapter (2003 to 2005) New York Metro Chapter (2005 to Present) 7 ' 4?iV,• - h ur.?,• E y Q F`5 U 1 r . V ? A V ?V ` RA, ?7t3R1 :b ll pr ??? ' ' y .`lbb¢/ .s I? U G4.8RiEL ? v. . /AFOY . M?J•!F ,? •s D10.L'JS S Cry p '' G-EE•L«K. •'S 1 vd+iS ¢ :SE p[' QDI • s +xar Ec sr ? ;h ; ? ' • .+4 . 7rro ,aG e 3J R!:Eu 174 ?. S Go°? LA 71 Jc , .ties L• K s '. c 4}°_ iN'M"xe07 jK? esxso S x C7'EII' ? •a u 5"BEET ? ? • • 5 e ??J) fn4 taarv3 f • - 77 LOCATION MAP Owners: Clearwater Christian College Case: LUZ2010-06002 & DVA2010-06001 Site: 3400 Gulf-to-Bay Boulevard Property Size(Acres): 131.05 Land Use Zoning 16-29-16-00000-120-0100 16-29-16-00000-140-0100 PIN: From : I, CG, P, R/OS, I, C, P, & OS/R 16-29-16-00000-130-0200 RL & Water/Drainage Feature 16-29-16-00000-110-0100 To: I, P, R/OS, & Water/Drainage I, P, & OS/R Feature Atlas Page: 2928 SAPlanning Department\C D B\Land Use Amendments\LUZ 2010\LUZ2010-06002 - 3400 Gulf to Bay Blvd - Clearwater Christian College\Maps\Revised Submittal - Used for CDB\LUZ2010-06002 LOCATION.docx ! i - - -- __i i T, WS RU g P WATER wos P P w - - - - - - - - - - - - - - - - - - - - QRFW wos OS .' t; ??: ?,'•? 1. 9 ?? o 1's WATER L RI . ?? L \./ RL y !i P 10 I_. P R(OS P RL ?? C3 j ?? RLM ?? 1 ? WATER ,E R J5 i RM • ? RL RL RL ATE 1 P ?IOATER p RL CG ?Q ???? •??? R(OS 1 CG R/OS C R(OS R/OS COUR R/OS WATER TN R(OS CURRENT FUTURE LAND USE MAP LUZ2010-06002 & Owners: Clearwater Christian College Case: DVA2010-06001 Site: 3400 Gulf-to-Bay Boulevard Property Size(Acres): 131.05 Land Use Zoning 16-29-16-00000-120-0100 16-29-16-00000-140-0100 I, CG, P, R/OS, I, C, P, & R/OS PIN: 16-29-16-00000-130-0200 From : RL & Water/Drainage Feature 16-29-16-00000-110-0100 I, P, R/OS, & Water/Drainage I, P, & R/OS To: Feature Atlas Page: 292B SAPlanning Department\C D B\Land Use Amendments\LUZ 2010\LUZ2010-06002 - 3400 Gulf to Bay Blvd - Clearwater Christian College\Maps\Revised Submittal - Used for CDB\LUZ2010-06002 FLU BEFORE.docx - RU Rios P WATER P wos P R - - - - - - - --- - - - - - - - -- - - - - - - - -- - - - - L w - : : S j. : WATER twos S wos - --, - i i RL ' P P ??- wos P i RU i 1 i LM P 1 {{ RU' ¦EWE... i WATER • ? 41k P • . ? ?. ?? RM i WATER CG 1 -- „ ¦ ¦ • . ¦ ¦ ¦''' R/OS R/OS -- ----------- R/OS OS R/OS WATER RVS . : ??• . a WW ER• `.UIiA.T•EI ? a • . • z z PROPOSED FUTURE LAND USE MAP Owners: Clearwater Christian College Case: LUZ2010-06002 & DVA2010-06001 Site: 3400 Gulf-to-Bay Boulevard Property 131.05 Size(Acres): Land Use Zoning 16-29-16-00000-120-0100 16 29 16 00000 140 0100 From : I, CG, P, R/OS, I, C, P, & OS/R PIN: - - - - - 16-29-16-00000-130-0200 RL & Water/Drainage Feature 16-29-16-00000-110-0100 To: I, P, R/OS, & Water/Drainage I, P, & OS/R Feature Atlas Page: 292B SAPlanning Department\C D B\Land Use Amendments\LUZ 2010\LUZ2010-06002 - 3400 Gulf to Bay Blvd - Clearwater Christian College\Maps\Revised Submittal - Used for CDB\LUZ2010-06002 FLU AFTER.docx T OS/R - - -- -? S' OS/R -- i O _ OS/R OV, QRFW ia¦a¦anmews-*aama¦ae•¦-a0alto a¦¦a-/??¦?¦a¦a OS/R 6 . { . `'° y?• LDR V DR L p LDR % _ SAY, _L111, LMbt LDR S : OS/R 1 -- xU 1 - --- - SOON, ¦ n. , I P LDR ••• ¦ MHP • • Q0 •• _i - ! - i -I J ( I j • ? ?? ?P . •• P MDR '?• LDR aP , •• ••• C % LDR LD OR 1 ¦a¦aaaaaasa OS/R- -- -- - CA Y P „ CURRENT ZONING MAP Owners: Clearwater Christian College Case: LUZ2010-06002 & DVA2010-06001 Site: 3400 Gulf-to-Bay Boulevard Property 131.05 Size(Acres): Land Use Zoning 16-29-16-00000-120-0100 16-29-16-00000-140-0100 PIN: I, CG, P, R/OS, I, C, P, & OS/R 16-29-16-00000-130-0200 From : RL & Water/Drainage Feature 16-29-16-00000-1 10-0100 I, P, R/OS, & Water/drainage I, P, & OS/R To: Feature Atlas Page: 2928 SAPlanning Department\C D B\Land Use Amendments\LUZ 2010\LUZ2010-06002 - 3400 Gulf to Bay Blvd - Clearwater Christian College\Maps\Revised Submittal - Used for CDB\LUZ2010-06002 ZONE BEFORE.docx - 1 OS/R OS/R OSIR DREW ST : , LD5q OSZ FSIR -' BAS tN '` OS/ PLDR ?? - LMDk * OS/R P OS/R * - ¦¦¦¦¦? MHP r¦¦¦.¦¦¦ y i MDR C us- sees oal g CAMPBELL PP 777.... PROPOSED ZONING MAP Owners: Clearwater Christian College Case: LUZ2010-06002 & DVA2010-06001 Site: 3400 Gulf-to-Bay Boulevard Property 131.05 Size (Acres) : Land Use Zoning 16-29-16-00000-120-0100 16-29-16-00000-140-0100 From : I, CG, P, R/OS, I, C, P, & OS/R PIN: 16-29-16-00000-130-0200 RL & Water/Drainage Feature 16-29-16-00000-110-0100 To: I, P, R/OS, & Water/Drainage I, P, & OS/R Feature Atlas Page: 292B S:\Planning Department\C D B\Land Use Amendments\LUZ 2010\LUZ2010-06002 - 3400 Gulf to Bay Blvd - Clearwater Christian College\Maps\Revised Submittal - Used for CDB\LUZ2010-06002 ZONE AFTER.doex Pre ervation / Wetlands W ST ® Preservation / We lands ti Preservation Wetla ds T1 `O .••• ?S . \ Coge and ?.' $sociated .•? ? Facilities Vacant & FDOT 't ICU; Y CA MRSE'll 11,111. ® Tialp?i Bay.' EXISTING SURROUNDING USES MAP Owners: Clearwater Christian College Case: LUZ2010-06002 & DVA2010-06001 Site: 3400 Gulf-to-Bay Boulevard Property 131 05 Size(Acres): . Land Use Zoning 16-29-16-00000-120-0100 16 29 16 0 PIN: - - - 0000-140-0100 From : I, CG, P, R/OS, I, C, P, & OS/R 16-29-16-00000-130-0200 RL & Water/Drainage Feature 16-29-16-00000-110-0100 To: I, P, R/OS, & Water/Drainage 1, P, & OS/R Feature Atlas Page: 292B SAPlanning Department\C D B\L.and Use Amendments\LUZ 2010\LUZ2010-06002 - 3400 Gulf to Bay Blvd - Clearwater Christian College\Maps\Revised Submittal - Used for CDB\LUZ2010-06002 EXIST.doex A.- p ? {???e }fit 7 iaYd ?4 } 5? rF&.` '? r: 'T n4 zi W.- f A-' h rig. !O1'L-'L'LL c'$Wl' AERIAL MAP Owners: Clearwater Christian College Site: 3400 Gulf-to-Bay Boulevard Land Use Zoning From : I, CG, P, R/OS, I, C, P, & OS/R RL & Water/Drainage Feature To: I, P, R/OS, & Water/Drainage I, P, & OS/R Feature Case: LUZ2010-06002 & DVA2010-06001 Property 131.05 Size(Acres): 16-29-16-00000-120-0100 PIN: 16-29-16-00000-140-0100 16-29-16-00000-130-0200 16-29-16-00000-110-0100 Atlas Page: 292B SA\Planning Department\C D B\Land Use Amendments\LUZ 2010\LUZ2010-06002 - 3400 Gulf to Bay Blvd - Clearwater Christian College\Ivlaps\Revised Submittal - Used for CDB\LUZ2010-06002 AERIAL.doex 1. View looking north from Gulf-to-Bay Blvd at subject property I 1 4. View looking north across existing athletics fields towards Preservation area. LUZ2010-06002 & DVA2010-06001 Clearwater Christian College 3400 Gulf-to-Bay Boulevard Page 1 of 3 3. Representative buildings on subject property. 2. View looking south from Gulf-to-Bay Blvd 5. View looking west from existing parking lot on subject property towards Preservation area. TIT, 6. View looking north from existing parking lot on subject property towards Preservation area. W, 7. View looking north along Bayshore Drive at typical sing family housing located across Bayshore Drive from subject property Preservation area V LUZ2010-06002 & DVA2010-06001 Clearwater Christian College 3400 Gulf-to-Bay Boulevard Page 2 of 3 family housing located across Bayshore Drive from subject property Preservation area 9. View looking east from Bayshore Drive at Downing Street at subject property Preservation area 10. View looking east from Bayshore Drive at subject property Preservation area 10 ,? ;?.:?: X -m ? ya °.,r'? uF4°4?`?,'?``+M ,*? a:: ?y ?, «, •v?r ? ti :'F ?2}3x +SE ky"KW9a: eve ??M R, 6 ti S ? {i 7 h 4 8 J r r i 41f 1 t' h ' iiw .y?:.. 1. gM 11 x'i 3 . am , "1Lc+4? y 44 ? 9 ?a i?rSz y+• ,? ?v 7 ? ', T? h K ?,• '4 fit, 1 ???k ?. '?` 'r '^^; -M,.. , ?{p }• _. 1" Clli'il-L-'LLL l:$tT1, ? - - „•,?rr, - Location Map for site photographs (pages 1-2). LUZ2010-06002 & DVA2010-06001 Clearwater Christian College 3400 Gulf-to-Bay Boulevard Page 3 of 3 Planning Department 0 100 Clearwater South Myrtle Avenue Clearwater, Florida 33756 Telephone: 727-5624567 Fax: 727-562-4865 ? SUBMIT ORIGINAL SIGNED AND NOTARIZED APPLICATION ? SUBMIT 12 COPIES OF THE ORIGINAL APPLICATION including folded site -plans ? SUBMIT APPLICATION FEE $ CASE #: DATE RECEIVED: RECEIVED BY (staff initials): ATLAS PAGE #: ZONING DISTRICT: LAND USE CLASSIFICATION: ZONING & LAND USE CLASSIFICATION OF ADJACENT PROPERTIES: NORTH: SOUTH: WEST: EAST: DEVELOPMENT AGREEMENT APPLICATION (Revised 05/22/02) PLEASE TYPE OR PRINT A. APPLICANT, PROPERTY OWNER AND AGENT INFORMATION: (Section 4-202.A) APPLICANT NAME: CLEA WATER C BRISTIM ODUBM PRIVATE SHOOOL, INC. MAILING ADDRESS: 3400 Gulf-tip Bay Boulevard, Clearwater, FL 33759 . PHONE NUMBER: (727-726-1153 FAX NUMBER: CELL NUMBER: EMAIL ADDRESS: PROPERTY OWNER(S): Satre as applicant. (Must include ALL owners) Katherine E. Cole, Esquire, . and AGENT NAME: jobr)s=,Pope, Bckj=. RiX= 1 & Rimg, TTP MAILING ADDRESS: P. O. BOX 1368, Clearwater, FL 33757-1368 I PHONE NUMBER: (727) 461-1818 FAX NUMBER: (727) 462-0365 B. PROPOSED DEVELOPMENT INFORMATION: STREET ADDRESS: 3400 Gulf-to-Bay Boulevard LEGAL DESCRIPTION: See Exhibit "A" attached. 16/29/16/00000/120/0100, 16/29, PARCEL NUMBER: l g /7Q /1 r, /nnnnn /l An /Al nn 7 G /7e /0200, PARCEL SIZE: 131.05 acres (acres,. square feet) PROPOSED USE AND SIZE: See EX it °B" attached. (number of dwelling units, hotel rooms or square footage of nonresidential use) DESCRIPTION OF ANY RELATED REQUEST(S): Li311d use plan amendment and rezoning: flexible standard application, R-O-W Vacation (approval of a developmentinclude all requested code deviations; e.g. reduction in required number of parking spaces, specific use, etc.) DOES THIS APPLICATION INVOLVE THE TRANSFER OF DEVELOPMENT RIGHTS (TDR), A PREVIOUSLY APPROVED PLANNED UNIT DEVELOPMENT, OR A PREVIOUSLY APPROVED (CERTIFIED) SITE PLAN? YES NO _X_ '(if yes, attach a copy of the applicable documents) Page 1 of 5 - Development Agreement Application - City of Clearwater B.2 DEVELOPMENT AGREEMENTS SUPPLEMENTAL SUBMITTAL REQUIREMENTS: (Section 4-606.B) An application for approval of a development agreement shall be accompanied by the following (use separate sheets or include in a formal report): ? STATEMENT OF THE REQUESTED DURATION OF THE DEVELOPMENT AGREEMENT,WHICH SHALL NOT EXCEED TEN YEARS ? DESCRIPTION OF ALL EXISTING AND PROPOSED PUBLIC FACILITIES AND SERVICES THAT SERVE OR WILL SERVE THE DEVELOPMENT; ? DESCRIPTION OF THE USES DESIRED TO BE PERMITTED ON THE LAND, INCLUDING POPULATION DENSITIES AND BUILDING INTENSITIES AND HEIGHTS; ? INDENTIFICATION OF ZONING DISTRICT CHANGES, CODE AMENDMENTS THAT WILL BE REQUIRED IF THE PROPOSED DEVEI PROPOSAL WERE TO BE APPROVED; ? ZONING AND LAND USE CATEGORIES OF ALL ADJOINING PROPERTIES; ? COMPLETE NAMES AND ADDRESSES OF ALL OWNERS OR PROPERTIES ABUTTING OR LYING WITHIN 200 FEET OF THE SUBJECT I PROPERTY AS CURRENTLY LISTED IN THE COUNTY RECORDS AS OF ONE WEEK PRIOR TO THE FILING OF AN APPLICATION. C. PROOF OF OWNERSHIP: (Section 4-202.A) ? SUBMIT A COPY OF THE TITLE OR DEED TO THE PROPERTY OR PROVIDE OWNER SIGNATURE ON PAGE OF THIS APPLICATION D. WRITTEN SUBMITTAL REQUIREMENTS: (Section 4-606.G) ? Provide the following contents to the development agreement, as follows: Contents. The approved development agreement shall contain, at a minimum, the following information: a. A legal description of the land subject to the development agreement. b. The names of all persons having legal or equitable ownership of the land. c. The duration of the development agreement, which shall not exceed ten years. d. The development uses proposed for the land, including population densities, building intensities and building height e. A description of the public facilities and services that will serve the development, including who shall provide such public facilities and services; date any new public facilities and services, if needed, will be constructed; who shall bear the expense of construction of any new public facilities , services; and a schedule to assure that the public facilities and services are available concurrent with the impacts of the development. development agreement shall provide for a cashier's check, a payment and performance bond or letter of credit in the amount of 115 percent of estimated cost of the public facilities and services, to be deposited with the city to secure construction of any new public facilities and sw required to be constructed by the development agreement. The development agreement shall provide that such construction shall be comple prior to the issuance of any certifieate of occupancy. f. A description of any reservation or dedication of land for public purposes. g. A description of all local development approvals approved or needed to be approved for the development. h. A finding that the development approvals as proposed is consistent with the comprehensive plan and the community development co( Additionally, a finding that the requirements for concurrency as set forth in Article.4 Division 10 of these regulations have been satisfied. I. A description of any conditions, terms, restrictions or other requirements determined to be necessary by the city commission for the public heal safety or welfare of the citizens of the City of Clearwater. Such conditions, terms, restrictions or other requirements may be supplemental, requirements in existing codes or ordinances of the city. j. A statement indicating that the failure of the development agreement to address a particular permit, condition, term or restriction shall not relie the developer of the necessity of complying with the law governing said permitting requirements, conditions, terms or restrictions. k. The development agreement may provide, in the discretion of the City Commission, that the entire development or any phase thereof commenced or be completed within a specific period of time. The development agreement may provide for liquidated damages, the denial of full. development approvals, the termination of the development agreement, or the withholding of certificates of occupancy for the failure of t developer to comply with any such deadline. 1. A statement that the burdens of the development agreement shall be binding upon, and the benefits of the development agreement shall inure all successors in interest to the parties to the development agreement. m. All development agreements shall specifically state that subsequently adopted ordinances and codes of the city which are of general application not governing the development of land shall be applicable to the lands subject to the development agreement, and that such modifications a specifically anticipated in the development agreement. Page 2 of 5 - Development Agreement Application - City of Clearwater E. SUPPLEMENTAL SUBMITTAL REQUIREMENTS: (Section 4-202.A) ? SIGNED AND SEALED SURVEY (including legal description of property) -One original and 12 copies; ? COPY OF RECORDED PLAT, as applicable; ? PRELIMINARY PLAT, as required; ?' LOCATION MAP OF THE PROPERTY. ? TREE SURVEY (including existing trees on site and within 25' of the adjacent site, by species, size (DBH 4" or greater), and location, including drip lines.) ? GRADING PLAN, as applicable; F. SITE PLAN SUBMITTAL REQUIREMENTS: (Section 4-202.A) ? SITE PLAN with the following information (not to exceed 24"x 36"): All dimensions; North arrow; Engineering bar scale (minimum scale one inch equals 50 feet), and date prepared; Location map; Index sheet referencing individual sheets included in package; Footprint and size of all buildings and structures, All required setbacks; All existing and proposed points of access; All required sight triangles; Identification of environmentally unique areas, such as watercourses, wetlands, tree masses, and specimen trees, including description and location of understory, ground cover vegetation and wildlife habitats, etc; _ Location of all. public and private easements; Location of all street rights-oUway within and adjacent to the site; Location of existing public and private utilities, including fire hydrants, storm and sanitary sewer lines, manholes and lift stations, gas and water lines; All parking spaces, driveways, loading areas and vehicular use areas; Depiction by-shading or crosshatching of all required parking lot interior landscaped areas; _ Location of all refuse collection facilities and all required screening (min. 10'x12` dear space); Location of all landscape material; Location of all onsite and offsite storm-water management facilities; Location of all outdoor lighting fixtures; and Location of all existing and proposed sidewalks. ? SITE DATA TABLE for existing, required, and proposed development, in written/tabular form: Land area in square feet and acres; Number of dwelling units proposed; - Gross floor area devoted to each use - Parking spaces: total number, presented in tabular form with the number of required spaces; Total paved area, including all paved parking spaces and driveways, expressed in square feet and percentage of the paved vehicular area; Size and species of all landscape material; - Official records book and page numbers of all existing utility easement; Building and structure heights Impermeable surface ratio (I.S.R.); and Floor area ratio (F.A.R.) for all nonresidential uses. ? REDUCED SITE PLAN to scale (8 Y2 X 11) and color rendering if possible; ? FOR DEVELOPMENTS OVER ONE ACRE, provide the following additional information on site plan: One-foot contours or spot elevations on site; _ Offsite elevations if required to evaluate the proposed stonnwater management for the parcel; - All open space areas; - Location of all earth or water retaining walls and earth berms; - Lot lines and building lines (dimensioned); - Streets and drives (dimensioned); - Building and structural setbacks (dimensioned); - Structural overhangs; Tree Inventory; prepared by a "certified arborist", of all trees 8" DBH or greater, reflecting size, canopy (drip lines) and condition of such trees Page 3 of 5 - Development Agreement Application - City of Clearwater G. LANDSCAPING PLAN SUBMITTAL REQUIREMENTS: (Section 4-1102.A) ? LANDSCAPE PLAN: - All existing and proposed structures; - Names of abutting streets; Drainage and retention areas including swales, side slopes and bottom elevations; - Delineation and dimensions of all required perimeter landscape buffers; - Sight visibility triangles; Delineation and dimensions of all parking areas including landscaping islands and curbing; - Proposed and required parking spaces; - Existing trees on-site and immediately adjacent to the site, by species, size and locations, including dripline; - Location, size, description, specifications and quantities of all existing and proposed landscape materials, including botanical and common names; - Typical planting details for trees, palms, shrubs and ground cover plants including instructions, soil mixes, backfilling, mulching and protective measures; - Interior landscaping areas hatched and/or shaded and labeled and interior landscape coverage, expressing in both square feet and percentage covered; Conditions of a previous development approval (e.g. conditions imposed by the Community Development Board); Irrigation notes. ? REDUCED LANDSCAPE PLAN to scale (8'/: X 11) (color rendering if possible); ? IRRIGATION PLAN (required for level two and three approval); ? COMPREHENSIVE LANDSCAPE PROGRAM application, as applicable. H. BUILDING ELEVATION PLAN SUBMITTAL REQUIREMENTS: (Section 4-202.A.23) Required in the event the application includes a development where design standards are in issue (e.g. Tourist and Downtown Districts) or as part of a Comprehensive Infill Redevelopment Project or a Residential Infill Project. ? BUILDING ELEVATION DRAWINGS -all sides of all buildings including height dimensions, colors and materials; ? REDUCED BUILDING ELEVATIONS - four sides of building with colors and materials to scale (8 %= X 11) (black and white and color rendering, if possible) as required. 1. SIGNAGE: (Division 19. SIGNS / Section 3-1806) ? Comprehensive Sign Program application, as applicable (separate application and fee required). ? Reduced signage proposal (8 %X 11) (color), if submitting Comprehensive Sign Program application. J. TRAFFIC IMPACT STUDY: (Section 4-801.C) ? Include as required if proposed development will degrade the acceptable level of service for any roadway as adopted in the Comprehensive Plan. Trip generation shall be based on the most recent edition of the Institute of Transportation Engineer's Trip General Manual. Refer to Section 4-801 C of the Community Development Code for exceptions to this requirement. K. SIGNATURE: 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. STATE OF FLORIDA, COUNTY OF PINELLAS Sworn to and subscribed before me this 2 s n-tay may A.D. 20 10 to me and/or Kat:ht ri nP F. -1)1 E' , who is personally known of by 'Z? ?? Signature of property owner or representative Katherine E. Cole ideatifaatien:- I- Ty tary blic, commission n eyoraa- -?- - - = - - - - - - - -?i„? ' JAYNE E. SEARS Commission # DD 907040 Expires September 2, 2013 BondedTMuTroyFainInmwo80MM- nt9 Page 4 of 5 - Development Agreement Application - City of Clearwater L. AFFIDAVIT TO AUTHORIZE AGENT: corporation (Names of all property ov ., a Florida 1. That (I am/we are) the owner(s) and record title holder(s) of the following described property (address or general location): Located at 3400 Gulf-to-Bay Boulevard and adjoining parcels. Parcel Nos. 16/29/16/00000/120/0100, 16/29/16/00000/130/0200, 16/29/16/00000/130/0310, 16/29/16/00000/140/0100, 2. That this property constitutes the property for which a request for a: (describe request) Approval of a development agreement. 3. That the undersigned (has/have) appointed and (doestdo) appoint: Katherine E. Cole, Esquire and Johnson, Pope, Bokor, Ruppel & Burns, LLP as (his/their) agent(s) to execute any petitions or other documents necessary to affect such petition; 4. That this affidavit has been executed to induce the City of Clearwater, Florida to consider and act on the above described property; 5. That site visits to the property are necessary by City representatives in order to process this application and the owner authorbm City representatives to visit and photograph the property described in this application; 6. That (Uwe), the undersigned authority, hereby certify that the foregoing is CAMM . CHRISTIAN COLLEGE PRIVATE SCHOOL, INC., Property Owner Randy T. Livi n ton STATE OF FLORIDA, Vice President COUNTY OF PINELLAS Before me the undersgned, an officer duly commissioned by a taws of the State qf Florida on this Z 7 day of May 2010 personally appeared Raridy T. Livingston, 'ds* who having been first duly sworn Deposes and says that he/she fully understands the contents of the affidavit that he/she signed. RYA MCNAMARA MY COWASSION f DD0953 Notary Public My Commission Expires: EXPOWS: April 14.2013 r.rao?.wtnur FL Nmy 0=W Awa 0? *Vice President of Cleaiv Private School, Inc. S Oarvunp DepartmenA4pp1icatlon Formsidevelopment reviewldevelopment agreement appticahoO doc Page 5 of 5 - Development Agreement Application - City of Clearwater EMMIT "All LEGAL DESCRIPTION: (PROVIDED BY OTHER, EDITED BY THE UNDERSIGNED) THE NORTH 1/2 OF THE NE 1/4 OF SECTION 16, TOWNSHIP 29 SOUTH, RANGE 16 EAST, AND THAT PART OF GOVERNMENT LOTS 3 s AND 4 OF SAID SECTION, WHICH LIES NORTH OF A LINE BEGINNING IN THE WEST BOUNDARY OF SAID GOVERNMENT LOT 3, AT A POINT 250 FEET NORTH OF ITS SOUTHWEST CORNER EXTENDING NORTH 67' EAST TO NAVIGABLE WATER IN OLD TAMPA BAY, AND LESS RIGHT-OF-WAY OF DAVIS CAUSEWAY, PINELLAS COUNTY, FLORIDA; AND ALL LAND LYING BETWEEN THE ABOVE DESCRIBED PARCEL AND THE RIGHT-OF-WAY OF STATE ROAD 60, OTHERWISE KNOWN AS COURTNEY CAMPBELL CAUSEWAY. AND PARCEL 5 AND ALL THAT PART OF GOVERNMENT LOT 1 IN SECTION 15, TOWNSHIP. 29 SOUTH, RANGE 16 EAST, LYING SOUTH OF AN EASTERLY PROJECTION OF THE NORTH LINE OF GOVERNMENT LOT 4 IN SECTION 16, TOWNSHIP 29 SOUTH, RANGE 16 EAST. PINELLAS COUNTY, FLORIDA, WHICH PROJECTION IS EXTENDED TO THE DEEP WATER CHANNEL OF TAMPA BAY. LESS AND EXCEPT A 100' RIGHT-OF-WAY FOR BAYSHORE BOULEVARD AS DESCRIBED IN COUNTY PETITION NO. 80 DATED AUGUST 4. 1925. LESS AND EXCEPT A RIGHT-OF-WAY ACROSS GOVERNMENT LOT 4 OF SAID SECTION 16, DESCRIBED IN CITY OF CLEARWATER RESOLUTION 64-90. FILED IN OFFICAL RECORD 1936 PAGES 522-524. OF THE PUBLIC RECORDS -OF PINELLAS COUNTY FLORIDA. LESS AND EXCEPT PARCEL 1 THAT PORTION THEREOF DEEDED TO ROBERT D. WINN AND MARY S. WINN, HUSBAND AND WIFE, ON . NOVEMBER 16, 1992, BY DEED RECORDED IN O.R.. BOOK 8094. PAGE 1155. PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA. DESCRIBED AS FOLLOWS: THAT PORTION OF THE NW- 1/4 OF SECTION 16. TOWNSHIP 29S, RANGE 16E, LYING SOUTH OF DREW -STREET,. EAST OF UNIT 1 OF. CRYSTAL HEIGHTS SUBDIVISION. AND NORTHWESTERLY OF BAYSHORE BOULEVARD - TOGETHER WITH THE RIPARIAN RIGHTS THERETO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: FROM THE NE CORNER OF THE NW 1/4 OF SECTION 16, TOWNSHIP 29S. RANGE 16E. AS A POINT OF REFERENCE, THENCE SOO'37'03'W ALONG THE NORTH-SOUTH CENTERLINE OF SAID SECTION 16 A DISTANCE OF 33.0' TO THE NORTHEAST CORNER OF LOT 9, UNIT 1 OF CRYSTAL HEIGHTS SUBDIVISION AS A POINT OF BEGINNING; THENCE-CONTINUE S00'37'03"W ALONG SAID CENTERLINE . (BEING ALSO THE EASTERLY BOUNDARY OF SAID UNIT 1 OF CRYSTAL HEIGHTS SUBDIVISION, AS RECORDED IN PLAT BOOK 28. PAGE 64. OF THE PUBLIC RECORDS OF PINELLAS COUNTY. FLORIDA). A DISTANCE OF 222.47' TO A POINT ON THE NORTHERLY RIGHT-OF-WAY OF BAYSHORE BOULEVARD (A 100' RIGHT-OF-WAY); THENCE ALONG A CURVE TO THE RIGHT. HAVING A RADIUS OF 368.31'. A CHORD BEARING OF N41'35'48'E. AND A CHORD DISTANCE OF 146.17' TO A POINT OF TANGENCY; THENCE N61-02.31-E ALONG SAID TANGENT' RIGHT-OF-WAY, A DISTANCE OF 184.66' TO AN INTERSECTION WITH THE SOUTHERLY RIGHT-OF-WAY OF DREW STREET (CURRENTLY A 33' RIGHT-OF-WAY); THENCE N89'29'50"W ALONG SAID SOUTHERLY RIGHT-OF-WAY (33' FROM AND PARALLEL TO THE NORTH LINE OF SAID SECTION 16). A DISTANCE OF 242.21' TO THE POINT OF BEGINNING. CONTAINING 23.549 SQUARE FEET (0.54 ACRES) M.O.L TOGETHER WITH THE RIPARIAN RIGHTS TO THE LANDS LYING DIRECTLY-EAST. ACROSS THE 100' RIGHT-OF-WAY FOR BAYSHORE BOULEVARD (AS RECORDED IN COUNTY PETITION NO. 80, DATED AUGUST 4, 1925) BEING FURTHER DESCRIBED AS FOLLOWS: THE NORTH 222.47' OF THE NORTHWEST- 1/4 OF SECTION 16, TOWNSHIP 29S. RANGE 16E. LYING BETWEEN THE EASTERLY LINE OF. UNIT 1 OF CRYSTAL HEIGHTS SUBDIVISION AS RECORDED IN PLAT BOOK 28. PAGE 64. OF THE PUBLIC RECORDS OF PINELLAS COUNTY. FLORIDA, AND EXTENDING EASTERLY TO THE MEAN HIGH WATER MARK OF OLD TAMPA BAY LESS A 100' RIGHT-OF-WAY FOR BAYSHORE BOULEVARD - AS DESCRIBED. IN COUNTY PETITION NO. 80 DATED AUGUST 4, 1925. RIPARIAN RIGHTS GRANTED ARE LIMITED TO THE LESSER OF. (A) FIFTY (50') FEET FROM THE UPLAND, OR (B) THE MAXIMUM DOCK LENGTH PERMITTED BY LAW. WHICHEVER IS THE LEAST. LESS AND EXCEPT: LANDS KNOWN AS THE 'EASTER" TRACT, RECORDED IN OFFICIAL RECORDS BOOK 16135. PAGE 2664 OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA. TOTAL AREA 131.05 ACRES, MORE OR LESS THERE IS APPARANTLY TWO SCRIVENER ERRORS IN THE ABOVE DESCRIBED LEGAL DESCRIPTION, SHOWN WITH AN ASTERICK. BOTH SHOULD BE CHANGED TO SHOW 'NORTHEAST' OR 'NE' INSTEAD OF NORTHWEST (NW). EXHIBIT "B" TO DEVELOPMENT AGREEMENT APPLICATION Clearwater Christian College Private School, Inc. 3400 Gulf-to-Bay Boulevard Section B.2 Development Agreements Supplemental Submittal Requirements: ¦ Statement of the requested duration of the development agreement, which shall not exceed twenty years. The proposed duration of the development agreement is 20 years and is stated as such in the development agreement. The Applicant requests a 20-year development agreement as the project consists not only of a phased-development master plan for a college campus, but also significant environmental work to the preservation area of the Applicant's property. This environmental work will be permitted by local, state and federal authorities and will ideally consist of creating an approved mitigation bank. The mitigation bank is a long-term, supervised process, thereby creating the necessity of a 20-year development agreement. ¦ Description of all existing and proposed public facilities and services that serve or will serve the development. The development will be served by City of Clearwater fire, police, utilities (water, sewer, reclaimed water) and solid waste as stated in the development agreement. Description of the uses desired to be permitted on the land, including population densities and building intensities and heights. The proposed use is an expanded college campus to accommodate enrollment of 925 students and additional classroom and recreation facilities. This is the addition of 350 students to existing enrollment. Currently, the existing athletic facilities do not comply with NCAA standards. The proposed, expanded facilities allow for the addition of NCAA-compliant facilities, additional dormitory living area, additional classroom space, as well as a new chapel/fine arts building. Furthermore, the proposed development agreement protects the remaining Preservation area and requires certain mitigation activities to occur in the Preservation area. Identification of zoning district changes, code amendments that will be required if the proposed development proposal were to be approved. The applicant has simultaneously applied for a land use amendment and rezoning for various parcels within the College property in order to make (i) the upland areas consistently zoned Institutional with a land use designation of Institutional and (ii) the wetland and mitigation areas zoned Preservation with a land use designation of Preservation. ¦ Zoning and land use categories of all adjoining properties. Zoning Land Use North Preservation Preservation Northwest LMDR Residential Urban (across Bayshore) East Water Water (Tampa Bay) South (across Gulf-to- Open Space/ Recreation/ Bay/Courtney Recreation Open Space Campbell Cswy.) West LMDR Residential Urban (across Bayshore) MDR Residential Medium MHP Residential Low Med. Along Gulf-to-Bay Commercial General Commercial ¦ Complete names and addresses of all owners of properties abutting or lying within 200 feet of the subject property as currently listed in the county records as of one week prior to the filing of an application. The list will be provided upon request of City as appropriate at time of notice. Additional information is provided with the associated land use and zoning application. However, in an effort for all reviewers to understand this application, please find attached: Existing Jurisdictional Line Survey - The proposed development contemplates moving the existing jurisdictional line to a new location on the site in anticipation of the improvements to the Preservation Area and the proposed development. The new jurisdictional line will be in the location shown on the Master Plan. This existing jurisdictional line survey is provided in an effort to show the existing conditions. Eagle's nest location and Eagle Management Plan Executive Summary - attached is an exhibit showing the location of an existing eagle's nest, adjacent to the Applicant's property. The Applicant and the eagle have co-existed for several years. The proposed development will be fully compliant with the Florida Fish and Wildlife Agency's Eagle Management Plan. The attached document shows the existing land use category, existing development, and the buffer areas required by the Eagle Management Plan. The Eagle Management Plan does not prohibit development in the buffer areas but does require development to meet certain criteria. 2 ¦ Mitigation Bank Prospectus - the Applicant proposes to apply for and receive approval for a Mitigation Bank that will improve the existing conditions of the Preservation area and provide for an upgraded wetlands system and flow of tidal water within Tampa Bay. Attached for your reference is a copy of the Mitigation Bank prospectus. ¦ Campus Building List - Although noted on the Master Plan, as an exhibit to the development agreement, attached is a list of the existing and proposed buildings on the college campus. Wetland Buffer Area - The attached plan shows that the Master Plan complies with the required wetland buffer as to proposed development. #527865 Q - Clwr Christian College/Ex B to OVA 3 v11?i : f o An Eat ? Ocpcrt?nin/ ?rnphyeY Todd Pressman Chair, Pinellas Ronald E. Oakley Vice Chair, Pasco Hugh M. Gramiing Secretary, Hillsborough Sallie Parks Treasurer, Pinellas Carlos Bendf Manatee Bryan K. Beswick DeSoto Jennifer E. Closshey Hillsborough Neil Combe , Polk Albert 0.Joerger Sarasota Maritza Rovira-Torino Hillsborough H. Paul Senft, Jr. Polk Douglas B. Tharp Sumter Judith C. Whitehead Hernando David L Moore Executive Director William S. Bilenky General Counsel Southwest Florida 2379 Broad Street, Brooksville, Florida 34604-6899 1L (352) 796-7211 or 1-800-423-1476 (FL only`) Water 1Vlanagement D1Stha TDID only: 1800-231-6103 (FL only) On the Internet at waterMatters.org Bartow Service Office Sarasota Service Office Tampa Service Office 170 Century Boulevard 6750 Fruitville Road 7601 Highway 301 North Bartow. Florida 33830.7700 Sarasota, Florida 34240-9711 Tampa, Florida 33637-6759 (863) 534-1448 or (941) 377-3722 or (813) 985.7481 or 1-800-492-7862 (FL only) 1-300-320-3503 (FL only) 1.800-836-0797 (FL only) December 3, 2009 Randy T. Livingston Clearwater Christian College Private School, Inc 3400 Gulf to Bay Boulevard Clearwater, FL 33759 Subject: Final Agency Action Transmittal Letter for Formal Determination of Wetlands and Other Surface Waters Petition No.: 42004951.011 Project Name: Clearwater Christian College County: Pinellas Sec/Twp/Rge: 15, 16/29S/16E Dear Mr. Livingston: This letter constitutes notice of Final Agency Action for Approval of the above referenced Petition for Formal Determination of Wetlands and Other Surface Waters. This approval does not authorize any construction activities or constitute conceptual approval of any anticipated projects. Construction, alteration, operation, removal or abandonment of a surface water management system requires a permit from the District pursuant to Rule 40D-4.041, Florida Administrative Code, (F.A.C.), and Section 373.413, Florida Statutes, (F.S.), unless exempt pursuant to 40D-4.051, F.A.C., or 373.406, F.S. You or any person whose substantial interests are affected by the District's action regarding a petition may request an administrative hearing in accordance with Sections 120.569 and 120.57, Florida Statutes, (F.S.), and Chapter 28-106, Florida Administrative Code, (F.A.C.), of the Uniform Rules of Procedure. A request for hearing must: (1) explain how the substantial interests of each person requesting the heating will be affected by the District's action, or proposed action, (2) state all material facts disputed by the person requesting the hearing or state that there are no disputed facts, and (3) otherwise comply with Chapter 28-106, F.A.C. Copies of Sections 28-106.201 and 28-106.301, F.A.C. are enclosed for your reference. A request for hearing must be filed with (received by) the Agency Clerk of the District at the District's Brooksville address within 21 days of receipt of this notice. Receipt is deemed to be the fifth day after the date on which this notice is deposited in the United States mail. Failure to file a request for hearing within this time period shall constitute a waiver of any right you or such person may have to request a hearing under Sections 120.569 and 120.57, F.S. Mediation pursuant to Section 120.573, F.S., to settle an administrative dispute regarding the District's action in this matter is not available prior to the filing of a request for hearing. f ? -- P omvmw S, Permit No.: 42004951.011 Page 2 of 2 December 3, 2009 If you have any questions concerning this approval, please contact Rick A. Perry, P.W.S. at the Tampa Service Office, extension 2056. Sincerely, Alba E. Mas, P.E., Director Tampa Regulation Department AEM:RAP:gjn Enclosures: Approved Formal Determination of Wetlands and Other Surface Waters w/Attachments Noticing Packet (42.00-064) Sections 28-106.201 and 28-106.301, F.A.C. cc: File of Record 42004951.011 Thomas R. Cuba, Delta Seven, Inc. Eric Hickman, Florida Department of Environmental Protection 3 NE C ER OF Bw /4 OF k 1 1 [G 6.1 5 n\ I N Jr5 YA lr) /.m - "IF yr) a?TVSTRff7 Jr, DO'?sXC) I 37*C NTg - "I - I\I 719 1 ( CFIk f i I_V ? ? M' A P 5 11 / /l /? ? MRMO'A' 7 21 ? , Art. W42' S) --- - J} 52) 121 ?! st99YY[ (S1 Dl ee'(S) 1 1?1 ?:1U %? G' 'S' ?5G' ??7 i 1 P,115,1 i, 73, s, KA! 1 - 151 I 1 De 11 w??y7W VN?N II I L Ig: I'! I ' - dl I I P? G f l 1 ?Y SPECIFIC PURPOSE WET?AND St, RVEY COOPERS BAYOU / $G B, 1291 RINE T / v zn 1 ? A. f..,11 Atf 1 / (Nm HELD IOG.RD) , iG3 - J HGI / ? etxtl ?/ ( TIW GUGE It (m TOP OF Gl E - 4.5,1' NGVD 29 / WATER SURFACE . 018' NCVD 29 592PM 01/17/2007 / DW GAUGE 13 TOP OF GAUGE . 279 NGW 29 WATER SURFACE 0.46' NMVD 29 / 11:19AM 06/03/2007 I TOP OF WELL • 3.55' NOVO 29 ' GROUND SURFACE - 1.86' NG'D 29 108/20/2007 JI i GOVERNMENT 1 ms --j e --_J hl? --- eI? N22571 «:& NAM AYn 07,.E axw$x, ppI? sAP ?b, 1913 I }Ip- I ? r I aIIY ? I AR s ?„ LNE r,, 1 R LN[ttl ? I -- _?/ AM?- f WIMIY-CCCUKD R/N LME D) / 1 \ Sg1P NN[ a $C 9 1295. Na 2G N R) 2137 3F"5' lNF a $G 16 1191 RIPE YC. le, 7295.-1 1 i ? t 1) 1 l J (- l s tlNi'N tq -rr ?.xl \ U A'}1-,4 Cr` M NdDx 1/2 a THE NE 1/4 OF RC. 114 1296 R 16E smrset sWA' - b50'E Itt) -- I LOT \, SURVEY REPORT I- THIS SURVEY WAS PERFORMED ON MARCH 12 THROUGH MARCH 15, 2007 AM AUGUST 3 THROUGH AUGUST 6, FOR THE PURPOSE OF DER M.WG WERANO FLAG LOCATIONS ON THE SUBJECT PROPERTY AS SHCYN HEREON. W:TIADS DEIINEAT[O BY DELTA SEVEN, INC. 117 3RD AVENUE NORTH, SATE 307, ST. PETERSBURG, FL, 33701. 2. THE BENCFMARN INFORMATION HEREON IS BASED UPON A BENCHMARK RETRIEVED FROM THE NATIONAL GEODE% SURVEY DATASHEETS THE BENCHMARK USED IS DESIGNATED AS COURTNEY B, PD AGO459, MTN A PUBLISHED ELEVATION OF 366 FEET ON THE NAVE) BB DATUM (COAPUTEO ELEVATION OF 4.52 NGVO 29). 3. THE VERTICAL CLOSURE IS WTNIN THE ALLOWABLE TOLERANCES. IN ACCORDANCE WTH FLORIDA'S MINIMUM TECHNICAL STANDARDS. AS DEFINED N STATE STAKES 6IG17-6004, FLORIDA ADMINISTRATIVE CODE 4. THE AREA DEPICTED HEREON IS LOCATED WITHIN FLOOD ZONE 'AE' AND -W- (BAY ROOD ELEVATION = 9 FEET AND BASE ROW ELEVATION • 9 FEET, RESPECINELY), ACCORDING TO THE FEDERAL EMERGENCY MANAGEMENT AGENCY ROOD INSURANCE RAT[ MAP DATED SEPTEMBER 3. 20D3, MAP NUMBER 12,O3CD129G. MAP DATUM BASED ON NAVE) 58. 5. THIS S11RWY GONPLES WTH THE STALE OF FLCRDA'S MINIMUM TECHNICAL STANDARDS AS DEFINED IN STATE STATUTE 61C17-6.001 FLORIDA AMWSTRATIVE CODE. ' 6. THE MEN HIGH WATER WAS PRCMOUSLY ESTABLISHED IN THIS AREA AND VERIFIED BY THE P FLORIDA DEPARTMENT OF ENVARONMENIAI PROTECTION AS 0.57 FEET NAVD fib (1.53 FEET NOW 29). 0 7. THE APPROXIMATE MANGROVE LINES HAVE BEEN DIGITIZED FROM A RECTIFIED ORMOPHOTO ' SUM IED BY THE CLIENT. 8. THIS SURVEY IS INTENDED FOR USE OF THE PARTY AND/OR PARTIES AS INDICATED N THE h TITLE BLOCK, THIS SURVE Y IS NOT VALID WTHOUT THE RAISED SEA ANTI SIGNATURE OF A PROFESSIONAL SURVEYOR AND MAPPER LICENSED BY THE STATE OF FLORIDA. ? DATA SOIRCEN 1. A SPECIAL PURPOSE SWFMID AND ACW DELNEAIDN SURVEY FOR CLEARWATER CHRISTIAN COLLEGE BY DAVID EVANS AND ISSOCATES, INC. DATED 10/22/2001. B' 2. A BOUNDARY AND TOPOGRAPHIC SURVEY BY FORESIGHT SURVEYORS. NC. DATED 05/06/2004. LIMITATIONS THIS SURVEY S N07 INTENDED TO BE A RWI4WRY SURVEY. THE BOUNDARY INFORMATION - CONTAINED HEREIN 6 DERNED FROM THE DATA SOURCES AS STATED ABOVE. a LEG= (Si) SLIMY DATA COMPILED FROM DATA SOURCE i1 l-Rr (S2) SURVEY DATA COMPILED FROM DATA SOURCE #2 (L) SURVEY DATA WMPEED FROM LOGY DESCRIPTIONS R/W RIGHT OF WAY u. Poe POC POINT OF BEGINNING POINT OF COMMENCEMENT y ) WETLAND FLAG k SO.F7. SOLARF FEET H AC., ACRES PRESSURE WELL TIDAL GAUGE NUS? L[II TOP ON WELL = 52? NLVD 29 GROUND SURFACE = .65' NLVD 29 \ 08/09/2007 PRFSSLRE Nfll \ TOP OF WELL • S 40' NCW 29 GROUND SURFACE l 158 NGVD 29 01/IB/2W7 IH \ 6TATEFIUNDSO COIF TD8AYL CALSEWAY COURTNEY CAmPW.LL -/ _-IIr'{ DAVIS CAMBCI'Nt SO.O' NORM a dNNK QYl[RNF ? -- - _ a slArt R0.AD eD ARG WR.J6 Ut':IMNJ7'N6' CN-Ne55N'2l'[ Y.9 DY PRESSURE WELL (WOUND SURFACE - 332 03/12/2007 - SE CMN[R a V(WEAINEN, LOT 2 CURVE TABLE n CORNR a OmERNMENT LOT 3 ARC RADARS DELTA CHORD CH BCARNG CEp,DN OF $C. 16, 1298 N$ CURVE BI 243.90' 268.31' S2D1'S9' 235.59'52 52639'08'W 52 92 20937' 41&31' 28'32'27' 206.22'S2 N383535'E S2 i Cpl AT ?°Ld I / F I +`Y 555 k' ? i4°'? f InIIF2J1'. G`n 767:' r 9Hy'4' sa1rsr.?et 7 SWl24'26t A; N7et '• f?'.__.. i1D 6 ?A;H,x .wv sm23 H.M• I ri.4e' 76 <G '??? ?, J; uv lns2) ?I ` ? 6 NAV- '- - \ fi le'? Ate- 1 29 \ 1 SOJDN ME a `HL H I/4 Or 5[G 16, T29S Nq Sm mr3n ER) $r,w'sc'L (r7 ,..5. Is:.u• DatMNLNI LOT' RM EA51[RY AD;C,IpY OF THE TURN LNE a GOV[RIMENI Lm 4 SMIRMf.T FROPEIMY AREA 5.708.258 SOFT. (131A- AC,) TOIU u?p eun__Ag 825587.) SO.F,. (18.946 AG) UPLAND AREA 'A' • 7,274.5 SOFT. (0.167 AC.) UPLAND AREA 'B' = 40.133.8 SOFT. (1.105 AC.) VOLAND ARE A'C' - 17.728.9 SO.ri. (0.407 AC.) IRA ND AREA' • 2.30&7 SOFT, (0.053 AC.) (RAND AREA 'E" - 716.779.8 SOFT. (15.455 AC.) UPLAMD AREA r (PREWWSY DETERMINED) - 33.062.0 son. (D.759 AC.) TOUR R.3 SO. ARE 1982.9ro3 SO.FI. (112.098 M.) ill a }s 3 s ?p 9 z Pill A a U ? WO a 0 cr) Q U7 UOF WOG Q Ui Er a W N I? ..?a?-]]77 C' N < E- W? W C ?c) 0. U 0 C W a0 47U W Eh G S FO r F' Eil U 10-4 QP 7G4 T02 Ne*-= v TIM CAME 11 TOP OF GAUGE - 4.87' ROW 29 WATER SURFACE - 006NOW 29 4:55P1,1 01/17/2 TIDAL GAUNT 14 TOP OF GUGE - 3.10' NOVO 29 WATER SWFACE s 0.00' HAND 29 11:56AM 08/03/2007 SURVEYOR'S CERTIFICATQ I () 1. THE UNDERSIGNED PROFESSIONAL SURVEYOR M MAPPER HEREBY ISSUED OP.'. GATE' R'. CERTIFY THAT THIS RECORD OF SURVEY WAS PREPARED UNDER MY DIRECT ^•tnEW 037 p7 RD SUPERVISION, THAT 70 THE BEST OF MY KNOWLEDGE NFORMATDN, AND rlluL 082 7 R0 BRIEF S A TRUE AND CORRECT REPRESENTATION OF THE LAND SHOWN e?AS ON t 4. 7 RD AD DESCRIBED AND THAT R MEETS THE -MINIMUM TECHNICAL STANDARDS o0& ] f Pp FOR LAND SURVEVNO IN THE STATE Or FLORIDA' CHAPTER 61617-6, GCPA 01.11'; RD FLORIDA ALMINISTRAITNE CODE, IASIOI 9. 71M ND WADE E C9 tq ZZZ2290 04M 45 NEN NOC SUITS RSO ROAD . e. SUNS 220, RENAISSANCE 5 TAMPA FLORIDA IDA 33 J3634 5r?E- , (613)662-876fi r R SIRV[WNG AND MAPPING BUSINESS IOLB7565 % 0 F 2 SIGNED (DAM) ROB DURANCZYK, FL PROFESSIONAL SURVEYOR AND MAPPER 16657 74 -%?. i3 1.. /5 1l E soo3 D3w 16.86' 7'w ufi15.4b' i f 15.e5 1 5 0 5 11 i f) f 1308' -?L UPLAND DE SCALE •I N SWFWMD WETLAND LINE -? UP AN0 0E SCALE 1" 5 SYt? Si'FWMD Ii F`?r UPLAND DETAIL "F" SCALE 1" = 80' S 5s 9.Ft ?? 51. i t R LEG= ISI) SURVEY DATA COMPILED FROM DATA SOURCE It 26 fS2) SLOW MIA COMPILED FROM DATA SOURCE 17 (L) SURRM DATA COMPILED FROM LEGAL DESCR1v1gN5 R/R RICNT W VAV W ? ? PO9 F01 N1 OF 9ECRNNG POE POINT Of CON ENCEMEN7 ? g ( 71EUND FFLAG SO.Fl. FECF SOUAR EET C I f? AC RES ALR[S AC. !p PPESSURC M[IL ( ' Q 1R ]s tl tt / MAIL GAUGE a i f U SUAIICI PROPFRh AYE. z Q 5,106,759 SO.Fl. E1l1.a1 AC.) A ' O x 7Dtu UAND AR FA 815.197.7PL SD.Fl. (18.946 AC.) •j EPLAND DA TA JABLE IPEILANO DETAAS ON SHEET 23 N REA'A UPLAND A J,2)1.5 SO.FI. (0.181 AC.) P ' d W r LAND AREA ll U 48.133.8 SOti. 11105 AC.) UPLAND AAEA 'C • 11,1389 SO.Fl. 10.107 AC.) > U E .. Z UPLAND AAEA'D • 2,308.7 SOYL (0.053 AC.) UPLAND AREA 'E' : 716 779 8 SOFT (16 455 AC ) 6 W N > Ml- a , . . . . LAND AREA 'F' UPLAND a 0 N V OETERMNED) • 33,[63.0 SOFT. (O759 AC.) (PRE N= 0. 0 17 z lDlu M]ARCH A Q 1081.910.3 SO.FI. (117.099 AC.) V , Z J W d ?' O a E F 0 r c i o -) E a ??a z E- D EV ¢ aka aaa U 0 U ¢ x W a a' Z u w M B?: L < 0CLL W C. a v 5SL:D FOR DATE. 0<. 2 PCNEIR U'326.m RD ? FINAL 09.21.07 RD RENSION ?J901 RD COPY 0502.0E RD co" 03.1209 AD C RLy50N 02:24.09 RD p W U J09 NO ZZZ2290.04M SKEI E 2 OF 2 6 SWFWMD WE AN[ LINP n ,o SPECIFIC PURPOSE WETLAND SURVEY - DETAILS Bald Eagle Management Plan Florida Fish and Wildlife Conservation Commission EXECUTIVE SUMMARY The dramatic recovery of the bald eagle (Haliaeelus leucocephalus) in the past 35 years represents one of the great conservation success stories in our nation's history. This management plan provides the framework for the conservation and management of the bald eagle in Florida to ensure its continued recovery. This plan meets the requirements of the Florida Fish and Wildlife Conservation Commission's (FWC) listing process (Rule 68A-27.0012, Florida Administrative Corlo [F.A.C.]). The listing process was initiated in July 2002, when the FWC was petitioned to reevaluate the status of the bald eagle, which was considered a threatened species in Florida (Rule 68A-27.004, F.A.C.). Action on the petition was delayed due to a listing moratorium, which was lifted in April 2005. Following tl;e guidance of FWC's listing process, a five-member biological review panel was approved in June 2005. The panel assessed the eagle's population and distribution data against species-imperilment criteria (Rule 68A-1.004, F.A.C.), and determined that the bald eagle no longer met the criteria for state listing at any level. As a result, the panel unanimously recom- mended that the bald eagle be removed from Florida's list of imperiled species. The panel also acknowledged the importance of protecting nest sites, and suggested that continued protection of nesting habitats was necessary to sustain recovery of the species (Sullivan et al. 2006). The decision to delist the bald eagle in Florida is based on the following biological data: (1) bald eagles occur throughout the state; (2) the population does not experience extreme fluctuations in distribution or numbers; (3) the estimated number of adults has increased more than 300% during the past three eagle generations (defined in this document as a total of 24 years); and (4) the population is not expected to experience significant declines over the next 24 years. The continental bald eagle population began to decline in the l 8th century as a result of habitat loss and direct persecution. The decline intensified during the mid-20th century with widespread use of organochlorine pesticides such as DDT compounding the losses from habitat destruction and shooting. DDT was used widely in the U.S. until it was banned in 1972, in part because it caused eggshell thinning in raptors, resulting in widespread reproductive failure. Bald eagles reclaimed their entire historic range by the late 1990s, and their estimated population in the Lower 48 states increased from an estimated 417 pairs in 1963 to 9,789 pairs by 2007. Bald eagles have met or exceeded the population goals established in each of the five regional recovery plans, and in August 2007, the U.S. Fish and Wildlife Service (USFWS) removed the species from the list of species protected by the Endangered Species Act. The USFWS recovery plan for the southeastern United States established 400 bald eagle nesting territories as the number necessary to down-list the Florida population from endangered to threatened, and 1,000 nesting territories in the state as one criterion for delisting the eagle nationally. By early 2007, there were 1,218 active bald eagle nesting territories in Florida (FWC unpublished data). The goal of this management plan is to maintain a stable or increasing population of bald eagles throughout Florida in perpetuity. To achieve this goal, bald eagles and their nests must continue to be protected through science-based management, regulation, public education, and law enforcement. Continued conservation efforts are required to prevent a population decline of 10% or more that might trigger a re-evaluation for relisting the bald eagle. To maintain the - iii - Florida Fish and Wildlife Conservation Commission Bald Eagle Management Plan conservation goal, this management plan establishes four conservation objectives that will be calculated annually as five-year running averages. All of ` -,ese objectives have already been met, and maintaining these objectives will assure that the goal of this management plan is met: (1) a minimum of 1,020 nesting territories per year over the next 24 years; (2) an average of 68% of nesting territories producing >1 nestling per year; (3) an average reproductive success of >1.5 fledglings per active nest; and (4) maintain the current area of occupancy (>770 mil) and extent of occurrence (52,979 mil) of eagles statewide. In addition to being our national symbol, reasons for continued conservation, management, and monitoriji, of Florida's bald eagles include the following: (1) Florida supports 11% of the nesting population in the Lower 48 states, more than any state other than Alaska and Minnesota; (2) 67% of all eagle nests in the state are located on private lands; (3) disturbance can negatively affect the reproductive success of nesting eagles; (4) growth of Florida's human population assures continued encroachment into eagle nesting and foraging habitats; and (5) the public insists on continued conservation of this magnificent species. The FWC's biological review panel determined that Florida's eagle population would not experience significant declines over the next three generations, but acknowledged that protection of nest sites should continue. This plan proposes continued regulation of nesting habitats during the first five years following delisting. The FWC will monitor Florida's eagle population and will study the effects of human activities near eagle nests. After five years, results of this research will be evaluated and regulations will be adjusted as appropriate. To ensure that the conservation goal and objectives continue to be met, this management plan recommends a suite of conservation actions. These actions are best accomplished by applying an adaptive management approach that allows adjustment to policies, guidelines, and techniques based on science and observed responses to implemented conservation measures. The conservation actions are organized into the following sections or sub-sections: Habitat Management, Land Acquisition, Private Lands Incentives, Law Enforcement, Proposed Regulations, Permitting Framework April 2008, Local Government Coordination, Monitoring Plan, Education and Outreach, and Ongoing and Future Research. Management of bald eagles in Florida through the implementation of this plan requires the cooperation of local, state, and federal governmental agencies; non-governmental organizations; business, agricultural, and forestry interests; universities; and the public. This plan was developed by the FWC in collaboration with a diverse group of stakeholders, and its successful implementation requires the cooperation of and coordination with other agencies, organizations, private interests, and individuals. Any significant changes to this management plan will be made with the involvement of our stakeholders. The FWC formally solicited public comment and peer-review on the proposed delisting action of the bald eagle in Florida at several junctures of the delisting process and the writing of this management plan. Comment periods were noticed in the Florida Administrative Weekly to solicit: (1) information on the bald eagle's biological status to be considered during the development of the Biological Status Report for the Bald Eagle (Sullivan et al. 2006); (2) information on the management needs of the eagle and any economic, social, and ecological factors to consider as part of its management; and (3) public and stakeholder input on drafts of - w - Bald Eagle Management Plan Florida Fish and Wildlife Conservation Commission the management plan. Public comments also were received following release of the Biological Status Report for the Bald Eagle in 2006, and at the September 2007 FWC Commission meeting when a draft of this Bald Eagle Management Plan and its associated rule changes were presented to the Commissioners and received conceptual approval. Following this meeting, the FWC created an "ad-hoc" committee of some of its most active bald eagle stakeholders, and this committee met several times into early 2008 to assist the FWC in resolving issues remaining with regulation and management of the state's bald eagle population. Five years following approval of this plan, the FWC and its stakeholders will re-evaluate the biological status of the bald eagle in Florida. If nest-monitoring data suggest that modification of guidelines for the regulation of land uses surrounding eagle nests may be appropriate, then this management plan will be revised accordingly. - v - ?y. I ? t .,,4 M?JG, ? .: at t' r-•• ,.? MvDr'"rt? ^ . i; f a ' 0 ,? l r ! k 4r . f _ ,ct -?..J Y'Ji _ •r1.,, w'F.;I'i?`, y * '-x? ?''.o.? °::.,•-`r).. '•iC'S''31't.'+L.?'f. J;ry r. R°. ; a a ! ,? 21, ?`v. ,>y? ? f ,t??fx ?. ? . F e ¢ " . `? b 4 * r+ 7i. ?+;.'4.t .? • r ? .f ..:0 .,, a r' .. + 5?,. ? w4 `!ICY!' +.c ' ? 1.'?; .'+? L ~ }•: ?r- i7G',? ? 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L: $t 0 t`3.4 t 1. ) ? °' ` 4:. } ,r. Ipr zF.,y ? t ? ?. ? y 3 wai d ?t . r, t . r _ :E T o ' I x = » O T o m S ? ^ ei ^. ? 5' `D w °i " n ? c C _ I O106 ay s `S D ` 3 N m N y - Q fD .p.. r 7 c) c) W co 1 O O C r r v ,y L w D CL 7 p CL N = ;* y co co d O D (? -n N 6 W Q PQ c - t? (D' M (D Cn CD o `-J y W O 2L '" °? A w r O K N Z 7 CD N = r 0m .-t- ?y g N n o Z Z F-? 7 3' o o v 'm V ' F?1 G' it O O W q0 01 CD CD cn In W A V V `,f O 0 CLEARWATER CHRISTIAN COLLEGE MITIGATION BANK PLAN JULY 6, 2010 Prepared by: BIRKITT ff4womm SMICK W. 110 S. Edison Ave. Tampa, FL 33606 Ph: (813) 259-1085 Fax: (813) 259-1086 Clearwater Christian College Mitigation Bank Plan July 6, 2010 Table of Contents 1.0 INTRODUCTION .............................................................................................................................. 1 2.0 EXISITING ECOLOGICAL CONDITIONS ....................................................................................... 2 3.0 PROPOSED RESTORATION ACTIVITIES ..................................................................................... 3 3.1 Brazilian Pepper Removal ................................................................................................................. 4 3.2 Mosquito Ditch/Spoil Island Restoration ............................................................................................ 4 3.3 Internal Hydrologic Improvements ..................................................................................................... 4 3.4 Improved Tidal Exchange Via a Created Hydraulic Connection ........................................................ 4 4.0 PROPOSED ECOLOGICAL CONDITIONS .................................................................................... 4 5.0 REGIONAL SIGNIFICANCE ............................................................................................................ 4 6.0 CONCLUSION ................................................................................................................................. 4 FIGURES 1.0 Project Location 2.0 Project Site 3.0 1926 Aerial 3.1 1942 Aerial 3.2 1957 Aerial 3.3 1973 Aerial 4.0 FLUCFCS Map 5.0 National Wetlands Inventory 6.0 Soils 7.0 Brazilian Pepper 8.0 Improved Tidal Exchange via Created Hydrologic Connection Clearwater Christian College Mitigation Bank Plan July 6, 2010 1.0 INTRODUCTION Birkitt Environmental Services, Inc., Wade Trim, and Delta Seven have been providing consulting services to Clearwater Christian College for the development of Mitigation Bank since early 2009. The proposed mitigation bank design is based on extensive field data and 2-D hydrologic modeling. Birkitt has attended pre-application meetings with the U.S. Army Corps of Engineers (USAGE) Jacksonville Regulatory Office and the Southwest Florida Water Management District (SWFWMD) Tampa Office. Feedback from these agencies has been obtained to facilitate preparation of the permit application. Additionally, a Draft Prospectus has been submitted to the USACE and has been distributed to the Internal Review Team (IRT). The IRT is made up of representatives from the USACE, U.S. Fish and Wildlife Service (USFWS), National Oceanic and Atmospheric Administration (NOAA), and the U.S. Environmental Protection Agency (EPA). A revised Prospectus and Draft Public Notice based on initial comments by the USACE reviewer have been prepared and is on schedule to submit this month. The state and federal permit applications are scheduled for submittal in August, 2010. It is anticipated that state and federal permits will be received within 12 to 18 months. Additionally, Birkitt presented the proposed mitigation bank to the Tampa Bay Regional Planning Council in April 2010. The proposed CCC Mitigation Bank (CCCMB) site is located in Pinellas County, FL at 3400 Gulf to Bay Blvd., Clearwater, 33759. It is near the western end of the Courtney Campbell Causeway (Hwy 60 or Causeway), approximately 1.5 miles east of the intersection of Hwy 60 and U.S. 19. The proposed CCCMB site includes approximately 99 acres of undeveloped land consisting primarily of forested mangrove habitat. (Figure 1.0 - Project Location). Historically, the project area consisted of natural mangrove forest and estuarine open water habitats along the western side of northern Tampa Bay (Figure 2.0 - Project Site). It has since been ditched for mosquito control and impounded by the construction of Hwy 60. The historical aerial photographs included in Figures 3.0 through 3.3 clearly show the progression of disturbance to the area over the last 70 years. The 1926 aerial shows the area of the proposed mitigation bank prior to the creation of the mosquito ditches and the construction of the Causeway. The undisturbed mangrove forest habitat is clearly visible. In 1934, the Causeway was constructed and is evident in the 1942 aerial. Mosquito ditches can also be seen traversing throughout the mangrove forest on the CCC site at this time. From the 1957 aerial on, increased development can be seen within the uplands surrounding the proposed project area. The historical aerials display further degradation of the habitat from the encroachment of the surrounding development and mosquito ditching. As part of the construction of the mitigation bank, CCC is proposing the restoration and enhancement of this degraded estuarine wetland ecosystem. The primary goal of the construction of the bank is restoration of the natural estuarine ecosystem once present throughout Upper Tampa Bay and includes water quality improvement and habitat enhancement for wildlife and threatened and endangered species. These goals are proposed to be accomplished through the following specific project objectives: • Hydrologic Restoration - The driving force behind the healthy function of an estuarine ecosystem is hydrology. The mixing of freshwater from upstream sources and more saline waters from the Gulf create a unique habitat that is used by a significant amount of Florida wildlife, including almost every commercially important species of fish in state Clearwater Christian College Mitigation Bank Plan July 6, 2010 waters during some stage of life. The wetland vegetation associated with estuarine systems protects adjacent uplands from storm surges and helps filter upland stormwater runoff, resulting in better water quality in Tampa Bay. The objective is to restore the natural hydrology and tidal exchange of the area by removing the numerous manmade alterations and re-establishing a hydrological connection throughout the site. Habitat Enhancement - The use of an estuarine system by wildlife is dictated by the quality of available habitat within the system. Human activity has diminished the quality of much of the available habitat within the proposed mitigation bank area. The removal of spoil mounds, the restoration of the natural hydrologic regime and tidal flushing, and the removal of nuisance-exotic vegetation will provide higher quality habitat that will be able to host a greater diversity of wildlife species. 2.0 EXISTING ECOLOGICAL CONDITIONS The Florida Land Use, Cover and Forms Classification System (FLUCFCS) and the National Wetlands Inventory (NWI) were utilized to classify land types and wetland habitats (Figure 4.0 - FLUCFCS Map and Figure 5.0 - National Wetlands Inventory (NWI). The proposed mitigation bank site is composed almost exclusively of wetland habitat with the exception of some of the spoil piles that are a result of the mosquito ditching found throughout the site. The wetland habitat present is mainly comprised of red (Rhiziphora mangle), black (Avicennia germinans), and white (Laguncularia racemosa) mangroves, with Brazilian pepper present along the southern and eastern edges of the site. There is also some open water habitat primarily within the northern portion of the site and a small area of saltmarsh habitat within the southern portion of the site. The soils indicate that the mitigation bank site is predominantly composed of hydric soils (Figure 6.0 Soils). The wetland habitat within the site has been hydrologically impaired by mosquito ditching and the construction of Hwy 60. These anthropogenic alterations have contributed to the degradation of water quality and benthic and mangrove habitats. Impoundment of the upper Tampa Bay Basin north of Hwy 60 has increased residence times and reduced tidal flushing of the subject area. Anoxic muck has collected and accumulated within the mosquito ditches, tidal creeks and coastal embayments. These activities have substantially altered the natural hydrology of the area by modifying the natural exchange of fresh and salt waters, a crucial component to the health and productivity of an estuary. This channelization has eliminated sheetflow of freshwater runoff across the area and has had a similar effect on tidal flooding, thus altering the hydrologic regime, especially in regards to salinity gradients. Waters within the upper reaches of the mosquito ditches exhibit high levels of hydrogen sulfide concentrations and are likely the result of stagnation. Spoil piles from the removal of material to create mosquito ditches and concrete inclusions are acting as barriers to tidal flow. Intertidal mud with a very high organic content has accumulated in the upper most reaches of the coastal embayments. These areas are submerged except perhaps during extreme low tide and contain silty anoxic mud. In addition, there is approximately 0.31 acres of Brazilian pepper (Schinus terebinthifolius), a nuisance exotic plant that has colonized portions of the mangrove fringe and spoil mounds, available for removal within the property boundary (Figure 7.0 Brazilian Pepper). Currently, the subject area is providing low ecosystem function. The mangroves, tidal creeks, mosquito ditches and embayments are serving as low productivity habitat for the resident and 2 Clearwater Christian College Mitigation Bank Plan July 6, 2010 transient fauna (i.e. fish, birds, invertebrates, etc.) which typically utilize mangroves as a habitat. For example, mangroves are utilized by federally managed fish species as Essential Fish Habitat (EFH), but due to the lack of proper hydrology and tidal exchange there is limited access to this critical habitat for various life stages of fish. Without the creation of the bank, the site will continue to be minimally productive and is likely to continue to degrade. 3.0 PROPOSED RESTORATION ACTIVITIES The following activities are proposed for the restoration and enhancement of the CCCMB site: • Brazilian pepper removal and restoration of habitat Restoration of habitat impacted by mosquito ditching • Internal hydraulic improvements by enhancing tidal creek flow • Improved tidal exchange via creation of a hydraulic connection under Damascus Road. 3.1 Brazilian Pepper Removal As part of this project, approximately 0.31 acres of nuisance-exotic Brazilian pepper located along the mangrove fringe will be removed within the project site (Figure 7.0 Brazilian Pepper). 3.2 Mosquito Ditch/Spoil Pile Restoration A portion of the mosquito ditches/spoil mounds on the project site will be restored during the construction of the bank. The area proposed for restoration would include both those spoil piles that coincide with the proposed mitigation channels, as well as selected spoil piles located along the mosquito ditches that feed into the main mitigation channels. These spoil mounds will be excavated by either heavy equipment or hydroblasting to the mean high water elevation. Revegetation will occur naturally through secondary succession. (Figure 8.0 Improved Tidal Exchange via Created Hydrologic Connection). 3.3 Internal Hydrologic Improvements Selected improvements to tidal systems are proposed that would improve water circulation and thus improve site water quality and habitat. The proposed improvement includes creating a network of mitigation channels by demucking and expanding existing mosquito ditches. The channels would be established throughout the property and would terminate in Cooper's Bayou where the muck bottom tapers off. Reconfiguring the mosquito ditch systems will improve the tidal exchange and flow of water through the habitat (Figure 8.0 Improved Tidal Exchange via Created Hydrologic Connection). This restoration concept is expected to improve water quality in the short term but without creating a hydraulic connection under Damascus Road, it is presumed likely that the system would eventually sediment back in, resulting in the low dissolved oxygen and stagnant conditions which caused the current degraded habitat. This design concept is proposed in conjunction with water exchange improvements. 3.4 Improved Tidal Exchange Via a Created Hydraulic Connection Due to the fact that the tidal exchange between other portions of Tampa Bay and the CCCMB site was historically reduced by the construction of Hwy 60 and other anthropogenic activities, the ideal restoration plan would include some means of improving tidal exchange. Therefore, 3 Clearwater Christian College Mitigation Bank Plan July 6, 2010 the proposed mitigation bank restoration plan includes the installation of a approximately 42 foot wide bottomless arch pipe (conspan) under Damascus Road at the entrance to CCC (Figure 8.0 Improved Tidal Exchange via Created Hydrologic Connection). This activity would create a hydraulic connection from the mitigation site to the adjacent waters of Tampa Bay, under Damascus Road. The implementation of this design, in conjunction with the internal hydrologic improvements, will increase water flow, provide greater circulation, and improve water quality. Improved water circulation will increase dissolved oxygen levels (reducing anoxic conditions) and create more appropriate salinity levels and gradients. These results should improve the overall level of function that the habitat provides. 4.0 PROPOSED ECOLOGICAL CONDITIONS In total, the approximately 99 acres is proposed for restoration or enhancement at the mitigation bank site. It is anticipated that these activities will result in a significant net benefit to the benthic and EFH within the mitigation bank site. These activities would include improved hydrology and tidal flushing into this altered system, resulting in higher dissolved oxygen levels and more appropriate salinity levels and gradients. The proposed conditions will result in net water quality improvement, and habitat enhancement for wildlife and threatened and endangered species. The exclusion of nuisance-exotic vegetation and the removal of spoil mounds within the project area would also result in higher levels of function to support wildlife. The removal of the nuisance-exotic species, Brazilian pepper, from the project area would allow native vegetative species to recruit within these areas and would provide habitat that could support a greater diversity of wildlife species. The removal of selected spoil mounds and re- contouring of mosquito ditches would restore a more natural hydrology and tidal flushing to these previously impacted areas. The installation of a culvert under Damascus Rd. would also improve tidal exchange and flushing, resulting in increased water flow, greater circulation, improved water quality, and net benefit to the regional watershed. 5.0 REGIONAL SIGNIFICANCE The goals associated with this project are far reaching and have the potential to effect a significant positive change not only within the CCCMB site, but also throughout Tampa Bay basin. High quality mangrove forests, once abundant throughout Tampa Bay and Florida, have suffered significant losses throughout the last century. Agricultural, commercial, and residential development has placed a huge burden on one of the most important ecosystems found in our state. Mangrove forests, when functioning properly, provide the base of the inshore food chain and habitat for hundreds of species of birds, fish, and other wildlife. The habitat serves as Essential Fish Habitat which supports fish for spawning, breeding, feeding, or growth to maturity. Mangrove habitat improves water quality in Tampa Bay by filtering stormwater originating in the uplands. Economically speaking, they provide nurseries for almost every commercially important fish caught in our waters. They protect our shorelines from extreme erosion during storm events. Mangrove forests attract visitors and provide economic benefits to Florida due to the wide variety of recreational opportunities they provide. It is for these reasons that the restoration of mangrove habitats in Tampa Bay is among Florida's top environmental priorities. 4 Clearwater Christian College Mitigation Bank Plan July 6, 2010 In addition, the Tampa Bay Estuary Program has identified preserving and enhancing Tampa Bay's mangrove and saltmarsh habitat as a priority in the May 2006 "Charting the Course" as well as identifying the restoration of estuarine habitats within the bay the highest priority within the 1995 Master Plan for Habitat Restoration and Protection. The opportunity to restore a highly degraded mangrove system will be a significant benefit to the region. 6.0 CONCLUSION The proposed CCC Mitigation Bank restoration and enhancement plan will include: 1) removal of nuisance exotic vegetation, 2) restoration of mosquito ditches/spoil piles 3) internal hydrologic improvements via creation of tidal creeks/channels and closure of selected mosquito ditches, and 4) improved water exchange through installation of a culvert under Damascus Road. These improvements will provide regional benefits to water quality, benthic, and mangrove habitat to the Tampa Bay basin. Significant improvements to EFH are expected. The improvements will result in increased wildlife usage and will provide the opportunity to preserve and restore vital wetlands habitat within this highly developed area of Tampa Bay. The mitigation bank will meet all of the criteria in Chapter 62-342.400 F.A.C. Mitigation Banks and 33 CFR Part 332 Compensatory Mitigation for Loss of Aquatic Resources as published in the April 10, 2008 Federal Register. 5 FIGURES CA D -, 576 Main ' 4th ?z ? _ ? ? ? _ [ L o Syr 590 ?tOtFi I 1 - Drew Drew r 'UlT 10 Bay k: Legend Clearwater Christian College Proposed Mitigation Bank Boundary _-1 ?S AIRAIII Figure 1.0 Project Location w' - --- WADETRIM Clearwater Christian College Pinellas County, FL S a 025 05 r vpr e NAD 83, State Plane Florida West [Feet] Legend Q Proposed Mitigation Bank Boundary E1 UBL - Estuarine and Marine Deep Water E2AB2/USM - Estuarine and Marine Wetland I E2EM5P - Estuarine and Marine Wetland E2SS3U - Estuarine and Marine Wetland C E2USM - Estuarine and Marine Wetland C PUBHx - Freshwater Pond 1? - a ' 61RK111 Figure 5.0 IMAM `? :-.? National Wetlands Inventory Clearwater Christian College S Pinellas County FL o 2e5 sio 10 0 WAI%TRIM S"" M a M^mTys „m .. NAD 83, State Plane Florida West (Feet/ Clearwater Christian College Description of Existing and Proposed Buildings Cathcart Hall Multi-purpose building including cafeteria and board room on the first floor and administrative offices on the second floor. Minor expansion anticipated for additional office space. Dambach Hall Classrooms and Gospel Center Memorial Chapel. No expansion proposed. Easter Library Library and offices. No expansion proposed. Emmons Hall Women's residence hall. Expansion proposed. Gymnasium Gymnasium, cafe, rehearsal hall. Expansion proposed. Merritts Hall Men's residence hall. Expansion proposed. Paden Hall Women's residence hall. No expansion proposed. Steele Hall Men's residence hall, faculty offices, science labs, lecture hall and classroom. No expansion proposed. Development Office Located at corner of SR 60 and Bayshore Boulevard. Office may be relocated on campus at future date within existing or proposed structures. Information/Security Bldg Currently located along Damascus Road adjacent to Easter Library. To be relocated closer to front of campus. Chapel/Student Services Proposed new building. Classroom/Lab/Parking Proposed new building with first floor parking under the structure to be located on the existing parking lot along the southerly edge of the expanded stormwater pond. P:ZZZ229009M,000,BUILDING,DESCRIPTIONS Clearwater Christian College Stormwater Narrative Update The four major drainage areas within the site are the Campus and Parking area, the Southwest Parking Lot, the Soccer Field, and the Baseball field. The general approach for the campus area is to consolidate all the existing interior campus and parking area treatment systems into one wet detention pond in front of the Cathcart Hall. Runoff in the proposed parking in the southwest corner of the site will be treated in dry retention areas that will conform to the City's criteria of complete exfiltration within 24 hours. The athletic fields will be managed by underdrains and sand filter effluent systems. A net increase in water quality treatment is expected to result from construction of the systems above. Currently a significant portion of the interior campus discharges directly to the small saltwater pond in front of Cathcart Hall. This pond fluctuates with daily tidal flows thus it provides little residence time for treatment of runoff. The various other interior campus treatment swales appear to function, but due to their dependence on drainage structures that require constant maintenance, parking lot flooding occurs with some frequency. The existing soccer field has no treatment system and discharges untreated runoff to Coopers Bayou. The proposed underdrain systems are essential as the existing soccer field saturates in seasonally wet periods to the extent that there is a history of cancellation of organized collegiate events with other colleges. A second critical component of the stormwater management system for the athletic fields is the proposed raised trail around the soccer field and increased grades around the perimeter of the baseball diamond and practice field. The intent in both cases is to contain runoff within the fields and force treatment, first through the underdrains directly under the playing surfaces, then through sand filter side drains. There is currently no buffer between the existing soccer field and the adjacent wetlands area which is actually a SWFWMD-designated mitigation area). In some locations around the existing soccer field the wetland buffer continues to be less than the City's required 16.75 foot width, however, the trail over compensates for the decreased buffer by containing all runoff within the field and treating it in the underdrain/sidedrain system. The Master Plan, as attached to the development agreement and being reviewed in conjunction with the FLD application, includes a wetland buffer around the new development proposed on the campus and meets the City Code for the site average of 25 foot. LEGEND PROPERM1 ONES - - JURISDICTIONAL K7LAND v y PRDPERIY LINES - - PROPOSED BUILDING PROPOSED CURB & CUTTER WITIAND BUFFER AREA ElISTNK e.-ING WETLAND BUFFER TYPICAL [NUR[ -0..[.1 AREA, M WETLAND BUFFER AREA, lYP), F E LAND BUFFER A AREA [NISiw6 PA.ING ARE/. MS NO RJFRR MCA dDYLENi TO w[il FUTURE DEVELOPMENT AREA )TM). / WETLAND BUFFER DATA LINEAR FOOTAGE OF WETLAND BUFFER 4,741 LINEAR FEET TOTAL WETLAND BUFFER AREA 132,700 SOUARE FEET AVERAGE WETLAND BUFFER WIDTH 27.40 FEET MINIMUM WETLAND BUFFER WIDTH FOR PROPOSED DEVELOPMENT 16.75 FEET MINIMUM WETLAND BUFFER WIDTH FOR EXISTING CONDITIONS 0.00 FEET N 80 40 0 Bo 160 SCALE IN FEET FIELD IRRIGATED AND FERTILIZED 1D Dul-Of -BWNM LINE. Ella. TRANSISTON TO NATIVE GRABS/KG[fdilDx (irP), TRA1l CONSISTS OF PERVIOUS MATERIA L AND MSEO ABOVE GNOUND PREVENT D-ECT OISGPPACE TO a_12. TO "'T" ALL " AN COOPERS BAYOU. INFILTPAl1Ox OF .U.0 -0 -Eft QtAILITI TREATMENT MM $WWNIO APPROVED UMOCBORNN TREATMENT BTSTC. (119). V? BEONNINC Al OUT-Or-BOUNDS LINE. GRACES INCREASE 10 PREVENT DNKC1 DBOIARGE TO COOPERS BAYOU. IxF1LRReT1Ox Or RLNOPr - WATER OUM TREATMENT VW SWFWIAO APPROVED UNDERORNN SS1EM )TNP). FIELD IRRIGATED AND FERTIL12CO 10 OUT-OF-BOUNDS LINE. BEGIN iRANSISTION TO WINE GRASS/VECETABION (WP).? PROPOSED WE11ANO BOUNDARY AFTER IuPACTS. I NNRE D[v[LDPN[Nt I7?/ AREA (lYP) o? ?a F ?a'pN U z .a O O UQ rf) x W>? >av- m t co F m 0.p0? z a a<W °m oma c?OW E- E? o z da z hay ? a UpOU W C7 W .a U ssu[o TOR: DATE. w os N0. ZZZ2290.09M g EET EX-2 0