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01/17/2008 City Council Agenda Location: Council Chambers - City Hall Date: 1/17/2008- 6 :00 PM Welcome. We are glad to have you join us. If you wish to speak, please wait to be recognized, then state your name and address. Persons speaking before the City Council shall be limited to three (3) minutes unless otherwise noted under Public Hearings. For other than Citizens to be heard regarding items not on the Agenda, a spokesperson for a group may speak for three (3) minutes plus an additional minute for each person in the audience that waives their right to speak, up to a maximum of ten (10) minutes. Prior to the item being presented, please obtain the needed form to designate a spokesperson from the City Clerk (right-hand side of dais). Up to thirty minutes of public comment will be allowed for an agenda item. No person shall speak more than once on the same subject unless granted permission by the City Council. The City of Clearwater strongly supports and fully complies with the Americans with Disabilities Act (ADA). Please advise us at least 48 hours prior to the meeting if you require special accommodations at 727-562-4090. Assisted Listening Devices are available. Kindly refrain from using beepers, cellular telephones and other distracting devices during the meeting. 1. Call to Order 2. Invocation 3. Pledge of Allegiance 4. Presentations 4.1 Adopt-a-Street Program Recognition ~ Attachments 5. Approval of Minutes 5.1 Approve the minutes of the December 20, 2007 City Council Meeting as submitted in written summation by the City Clerk. ~ Attachments 6. Citizens to be Heard re Items Not on the Agenda Public Hearings - Not before 6:00 PM 7.Administrative Public Hearings - Presentation of issues by City staff - Statement of case by applicant or representative (5 min.) - Council questions - Comments in support or opposition (3 min. per speaker or 10 min maximum as spokesperson for others that have waived their time) - Council questions - Final rebuttal by applicant or representative (5 min.) - Council disposition 7.1 Approve the applicant's request to vacate the 40- foot drainage and utility easement lying along the east property lines of Lot 2, Lokey Subdivision and Lot 1, Sever Subdivision, (AKA 19820 U.S. 19 North), as more particularly described in the ordinance, and pass Ordinance 7911-08 on first reading. ~ Attachments 7.2 Approve the Annexation of certain real property located on part of Lawson Road and all of Blackburn Street, north of Sunset Point Road and west of US Highway 19 (consisting of a portion of Section 6, Township 29 South, Range 16 East, at a general site location with the Post Office Address of 2530 Sunset Point Road); and Pass Ordinance 7910-07 on first reading. (ANX2007-10026) ~ Attachments 8. Second Readings - Public Hearing 8.1 Adopt Ordinance 7835-07 on second reading, making various amendments to the Community Development Code. ~ Attachments 8.2 Adopt Ordinance 7906-08 on second reading, annexing certain real property whose post office address is 1509 Country Lane East into the corporate limits of the city and redefining the boundary lines of the city to include said addition. ~ Attachments 8.3 Adopt Ordinance 7907-08 on second reading, amending the future land use plan element of the Comprehensive Plan of the city to designate the land use for certain real property whose post office address is 1509 Country Lane East, upon annexation into the City of Clearwater, as Residential Low (RL). ~ Attachments 8.4 Adopt Ordinance 7908-08 on second reading, amending the Zoning Atlas of the city by zoning certain real property whose post office address is 1509 Country Lane East, upon annexation into the City of Clearwater, as Low Medium Density Residential (LMDR). ~ Attachments City Manager Reports 9. Consent Agenda 9.1 Increase the award of contract with Quornm Services, Tampa, Florida, for building inspection and building plans review services to a total award of $250,000 through September 30,2008; and that the appropriate officials be authorized to execute the same. (consent) ~ Attachments 9.2 Award a contract (purchase order) to Office Depot, Tampa, Florida, in the amount of $750,000, for the purchase of miscellaneous office supplies during the contract period Febrnary 1, 2008 through December 31,2009 in accordance with See 2.564 (1)(d), Code of Ordinances - other governmental bid, and that appropriate officials be authorized to execute same. (consent) ~ Attachments 9.3 Ratify and confirm the payment of $120,000, as full and final settlement of the claim of Edwooth Boles and accept insurance check in amount of $120,000 as reimbursement for settlement expenses, and authorize the appropriate officials to execute same. (consent) ~ Attachments 9.4 Approve the A ward of Bid 04-08 Installation of Gas Mains, Service Lines and Underground House Piping at Various Locations in the total amount of $981,780.00 (actual bid of $891,782.50) and approve a Purchase Order in the amount of $831,780.00 for the Installation of Gas Mains and Service Lines at Various Locations ($150,000.00 approved as an ITEM FOR RESALE by Managing Director and Executive Officer, Clearwater Gas System) to Florida Gas and Electric Corporation 8011 Land O'Lakes Boulevard Land O'Lakes, FL 34638 for the period Febrnary 1,2008 to January 31, 2009. (consent) ~ Attachments 9.5 Award a contract to Oakhurst Constrnction of Seminole, Florida, Bid 07-00044PR, for the sum of $606,873.15 (which includes base bid, Alternate 6, 7 and 5% contingency), for the renovation of the Clearwater Beach Recreation Center to accommodate the Beach Library and authorize the appropriate officials to execute same; and funds of $216,873.15 be transferred from retained earnings of the general fund at first quarter to CIP 315-93265; and approve Alternate 1 for an additional $64,000 with additional funds coming from retained earnings. (consent) ~ Attachments 9.6 Award a Contract(Purchase Order)for $351,387.00 to Rush Trnck Center of Tampa, FL for three (3) Peterbilt Model 320 Chassis in accordance with Sec. 2.564(1)(d), Code of Ordinances - Other governmental bid, authorize lease purchase under the City's Master Lease Purchase Agreement and authorize appropriate officials to execute same. (consent) ~ Attachments 9.7 Award a contract (Purchase Order) for $266,484.00 to Container Systems and Equipment of Daytona Beach, FL for three (3) Wayne Curb tender Automated Side Loader Bodies in accordance with Sec. 2.564 (1)(d), Code of Ordinances - Other governmental bid, authorize lease purchase under the City's Master Lease Purchase Agreement and authorize appropriate officials to execute same. (consent) ~ Attachments 9.8 Approve the Declaration of Cooperation of the Tampa Bay Nitrogen Management Consortium of the Tampa Bay Estuary Program. (consent) ~ Attachments 9.9 Award a contract to Southwest Contracting of Odessa, Florida for the 2007 Sidewalk Contract (07-0023- EN), in the amount of $189,430.45 which is the lowest responsible bid received in accordance with the plans and specifications and authorize the appropriate officials to execute same. (consent) ~ Attachments 9.10 Award a contract to Interstate Engineering Corp of Salem, MA, in the amount of $739,200 for constrnction of the Water Treatment Plant No.1 - Multi-Media Filter Improvements Project (06-0051- UT), which is the lowest responsible bid received in accordance with the plans and specifications for this project, and that the appropriate officials be authorized to execute same. (consent) ~ Attachments 9.11 Accept a Signal Utility Easement containing 238.90 square feet, more or less, over, across, and under a portion of Gulf-to-Bay Plaza lying and being situate in the Northwest 1/4 of the Southwest 1/4 of Section 18, Township 29 South, Range 16 East, as conveyed by Ellis & Company, LLLP, a Florida limited liability limited partnership, in consideration of receipt of $1.00 and the benefits to be derived therefrom. (consent) ~ Attachments 9.12 Approve a three-year Vegetation Control & Lake Maintenance Contract to Biological Research & Associates (BRA) in the estimated amount of $475,000.00and authorize the appropriate officials to execute same. (consent) ~ Attachments 9.13 Reappoint Ron Whitcomb to the Parks and Recreation Advisory Board with the term expiring on January 31,2012. (consent) ~ Attachments 10. Other items on City Manager Reports 10.1 Adopt Resolution 08-02, supporting the Florida League of Cities' legislative priorities. ~ Attachments Miscellaneous Reports and Items 11. City Manager Verbal Reports 11.1 City Manager Verbal Reports ~ Attachments 12. Council Discussion Items 12.1 U.S. 19 and Enterprise Interchange - Mayor Hibbard ~ Attachments 13. Other Council Action 13.1 Other Council Action ~ Attachments 14. Adjourn SUBJECT / RECOMMENDATION: Adopt-a-Street Program Recognition SUMMARY: - Countryside Kiwanis - Diane and Frank Ingram - John Wiser - The Phillip Curry Family Review Approval: 1) Clerk City Council Agenda Council Chambers - City Hall Meeting Date: 1/17/2008 Cover Memo Item # 1 Meeting Date: 1/17/2008 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Approve the minutes of the December 20, 2007 City Council Meeting as submitted in written summation by the City Clerk. SUMMARY: Review Approval: 1) Clerk Cover Memo Item # 2 Attachment number 1 Page 1 of 8 CITY COUNCIL MEETING MINUTES CITY OF CLEARWATER December 20, 2007 Present: Frank Hibbard John Doran George N. Cretekos Paul Gibson Mayor Vice-Mayor Councilmemb Councilme Absent: Carlen Petersen Also present: William B. Horne II Jill S. Silverboard Rod Irwin Pamela K. Akin Cynthia E. Goudeau Patricia O. Sullivan The Mayor called the meeting to order at 6' invocation and led the Pledge of Allegiance. To provide continuity for research, i necessarily discussed in that order. 4 - Presentations: 4.1 Service Awards Proclamation - December 21,2007 iation for Retarded Citizens) representative Fred Troth ARC. ation/lnformation on Volunteerin - Jennifer Silva, atives discussed the organization's efforts to provide new and ome school-aged children in Pinellas County, free of charge. 5.1 Approve the minutes of the December 6, 2007, City Council Meetinq as submitted in written summation by the City Clerk. Council 2007-12-20 1 Item # 2 Attachment number 1 Page 2 of 8 Councilmember Doran moved to approve the minutes of the December 6,2007, City Council Meeting as recorded and submitted in written summation by the City Clerk to each Councilmember. The motion was duly seconded and carried unanimously. 6 - Citizens to be Heard re Items Not on the Agenda Greq Pound said he is running for Pinellas County Sher:' regarding alleged abuse of his children while under State car Richard and Jan Peterson said their house flooded d needs to take care of the damages. The City has paid for cleaning services and staff has req will meet with the Petersons at their house or at the Municipal Ewa Kunowska complained regarding the election process began; requested an answer regarding remo ' Rescheduling the election saved the City. meet the deadline. After long-term discussion appropriate to replace private parking in the C enhancements, including an improved road a Public Hearings - Not before 6:0 7907 - 0.386-acre property consisting of one is located on the east side of Country th of State oad 590. The applicant is requesting this sewer service from the City. The property is contiguous and east. It is proposed that the property be assigned a esidential Low (RL) and a zoning category of Low etermined that the proposed annexation is consistent with the proVI elopment Code Section 4-604.E: 1) The applicant has paid all of the City's assessment fees and the City is currently providing service. Collection of s be provided by the City of Clearwater; 2) The property is located within Police Dis d service will be administered through Police Headquarters located at 2851 North McMull ooth Road. Fire and emergency medical services will be provided to this property by Station 48 located at 1700 North Belcher Road; 3) The City has adequate capacity to serve this property with sanitary sewer, solid waste, police, fire and EMS service; Council 2007-12-20 2 Item # 2 Attachment number 1 Page 3 of 8 and 4) The proposed annexation will not have an adverse effect on public facilities and their levels of service. The proposed annexation is consistent with and promotes the following objective of the Clearwater Comprehensive Plan: Objective 2.4: Compact urban develop ent within the urban service area shall be promoted through application of the Clearwater Co nity Development Code. The proposed RL Future Land Use Plan category is consi nt w urr: Countywide Plan designation of this property. This designatio ily uses at a density of five units per acre. The proposed zonin to be a property is the LMDR District. The use of the subject prope onsisten allowed in the District and the property exceeds the District's um d' requirements. The proposed annexation is therefore consiste City's Comprehensive Plan and Community Development Code. annexation is contiguous to existing City boundaries to the north' consistent with Florida Statutes Chapter 171.044. The Pinellas has reviewed this annexation and no objections were raised. Councilmember Cretekos moved to approve t Designation of Residential Low (RL) and Initial Zo Density Residential (LMDR) District for 1509 Co 29-16). The motion was duly seconded and c Ordinance 7906-08 was presented for Councilmember Gibson moved to pa din duly seconded and upon roll call, t as: r first reading and read by title only. e 7907-08 on first reading. The motion was duly ibbard. ted for first reading and read by title only. ass Ordinance 7908-08 on first reading. The motion was vote was: Council 2007-12-20 3 Item # 2 Attachment number 1 Page 4 of 8 The Planning Department is recommending a total of 30 amendments to the Community Development Code. The amendments that present a change in current policy or a new policy issue are outlined here: 1) Parking Requirements for Marinas and Marina Facilities - The parking formula is revised ensuring that adequate parking will be provided; 2) Permitted Uses within Zoning Districts - This amendment adds certain uses as permitted ses within zoning districts; 3) Comprehensive Sign Program - This amendment establishes rmal process for submittal, review, and action on applications, with specific timefra s; 4 e 'on of Levels One and Two Approvals - The amendments provide a r:l nc to determine substantial development completeness. The ame s also p ojects from becoming vested yet remaining inactive; and 5) Other amen s do not olicy implications, but provide clarity. The Community Development Board (CDB) reviewed thi amendments at its meeting on November 20,2007. The CDB u approval with two recommendations: 1) That Section 3-903. A. 0 ".. .walkways leading to building entrances, driveway access to ga ages.. Department concurs with the recommendation, which is in orated in th That Planning Department staff study the matter of th boat slips p and provide evidence to substantiate a recommen ing space The recommendation for one parking space per follows: a) conducted research regarding marina high an esearch ac indicates that one parking space for every two 0 accommodate marinas, even in peak demand periods and b ace per two slips" amendments, as proposed by t lann tency with other parking space requirements mm It was requested that s the meeting. osed amendme ncing use of hurricane tively impact part-time residents. Discussion ted that proposed amendments related to , w. Consensus was to strike Section 18 on d to amend rdinance 7835-07 to include: On pages 5, 34, as follows: Change "Publications and Printing" to 0, Sections 2-1302, 2-1303, and 8-102. On page 41, follows: Except for fences, walls, outdoor lighting, signs, Florida Building Code, walkways leading to building ent es, and/or vehicular cross access (driveways), shared parkin 0 building or structure shall be permitted in a setback required district. Sidewalks shall be no greater than 42 inches three feet in widt , th than that required by the Florida Building Code. On Pages 47 - 48, amend e Ordinance as follows: Reinstate all of the strikethrough text, delete all underll uage and add the following sentence to the end of paragraph one of Section 4-303 on p 47: The permit must be obtained within six months of the initial permit application. This timeframe may be extended for an additional six months at the discretion of the community development coordinator. On Pages 48 - 51, amend Section 23 of the Council 2007-12-20 4 Item # 2 Attachment number 1 Page 5 of 8 Ordinance as follows: Reinstate all of the strikethrough text, delete all underlined language and add the following sentence after the first sentence of Section 4-407 on page 49: The permit must be obtained within six months of the initial permit application. This timeframe may be extended for an additional six months at the discretion of the community development coordinator. On Page 56, amend Section 28 of the ordinance as follows: ection 8-102, Definitions Seasonal Sales means a sale conducted during traditional ho s or seasons in which special items are sold. Only items traditionally considered ass wit particular season, including plant materials and fireworks, are to merchandise not associated with the seasonal sale such as t Is, ciotti prohibited from being sold as a seasonal sale item. On Pag mend S ordinance as follows: This ordinance shall take effect immed on provisions of Section 26 of this Ordinance shall take effect on duly seconded and carried unanimously. Councilmember Doran move to approve Item 7.2 as am seconded and carried unanimously. Ordinance 7835-07 was presented for first re Councilmember Gibson moved to pass Ordinance motion was duly seconded and upon roll call, th "Ayes": Doran, Cretekos, Gibs "Nays": None. 8 - Second Readings - Publi reading and read by title only. rdinance 7843-07on second and final roll call, the vote was: s, Gibson, and Hibbard. Council 2007-12-20 5 Item # 2 Attachment number 1 Page 6 of 8 9.2 Approve the First Amendment to the lnterlocal Aqreement that clarifies property ownership of the shelter-use related improvements to Ross Norton Recreation Complex and authorize the appropriate officials to execute same. (consent) 9.4 Award a contract urchase order for 450 738 to Duval Ford Crown Victoria Police Cruisers in accordance with Sec Other overnmental bid authorize lease urchase under the Aqreement and authorize appropriate officials to execute same. t Electric Utilit Easement over across and under a D EWING'S 1ST ADDITION TO CLEARWATER e Inc. in consideration of recei t of 1 and the benefits to Council 2007-12-20 6 Item # 2 Attachment number 1 Page 7 of 8 Construction Enqineerinq and Inspection (CEI) Services for the construction of this proiect, and that the appropriate officials be authorized to execute same. (consent) 9.14 A rove the 2008 State Le Councilmember Doran mov appropriate officials be authorized carried unanimously. u tted and that the seconded and s on ex-parte communications prior to quasi- 'sclose all related conversations at those or Doug Matthews and Information Technology Director ming troubleshooting steps. py Holidays to the City Council and residents. ted on events in which they recently participated and reviewed wishes to Duke and Genie Tieman following their house fire; wished days. Councilmember Doran congratulated Patrick Conrey for being named Firefighter of the Year; wished JB Johnson a speedy recovery. Council 2007-12-20 7 Item # 2 Attachment number 1 Page 8 of 8 12 - Adjourn The meeting adjourned at 7:28 p.m. Attest: City Clerk Council 2007-12-20 8 Item # 2 , do 7i~ ~~~ cu ~ ~ ~Jl (j}JAd/t)!fftO/}'( N.D. Dear Mayor Hibbard; Situation: The "No Sandwich Board Sign Ordinance" passed by the City Council in 2004 has just been put into effect as per the notice given by Jeff Kronschnabl, the Director of Development & Neighborhood Services. Last Friday the 11th of January, we were personally informed by Mary Jo Weaver from his office that our Sandwich Board Sign would be confiscated and that we would be fined if it was put out as of that day. Data: 1. We instantly complied and brought our sign IN to avoid any conflict or confrontation with the City.or its Staff. It hqs be~n IN since Friday, but our "number of sales" start'ed,dropptng immediately. 2. See attached Stat Graph (200 Sales a week is our Make-Break Point). Plain and Simple: When the sign is OUT, we stay above this point, when it isn't, we go below this point and our store is no longer viable. Our new Sandwich Board Sign created a 66%in,crease in business in. six weeks. 3. We have tried Wind~~9igns~n,dj;heY~Qp-'1iw~rk'iBeriqd. I keep very accurate statistics of everything we do or try~so any changes for the better or for the worse are immediately noticed. 4. The Signs at the end of the block that mentioned The Rabbit Hole during the Street Scape Construction did nothing for us. Nothing. It wasn't until we put our own Sandwich Board Sign OUT that our number of sales dramatically improved, and we finally moved our income into a viable range. 5. My wife Valorie and I love downtown, and have invested over $60,000 of our own personal money and a great deal of time into this venture. Before we opened in May of 2005, we polled the entire area with a marketing survey, and found out that a Mom and Pop Healthfood Cafe was the #2 item needed and wanted in the whole downtown area. Just for interests sake, the #1 item in that survey was an Italian Restaurant. Since a Healthfood Cafe aligned with our own personal interests, Valorie and I decided to go for it. However, due to the Street Scape Construction, we are still $40,000 in arrears. But we are at least making headway now, if onlv because of our sign. Over the last three years, we have spent tens of thousands of dollars on Promotion, Flyers, Handbills, Newspaper Ads, Postcards and Mail-outs, and they didn't even make a dent. It wasn't until our Sandwich Board Sign hit the street, that we finally started making some good forward progress. Then the sales started to climb. Then we actually started making some headway. 426 ?dkoeland f?/t.. ?dk4~. ~ 33755 - ~., 727-447-6282 ~Jl (j}JAiIltJ!ffto1?/ N.D. 6. Last year, we paid out over $100,000 in payroll to our six full and part time employees. We also paid tens of thousands of dollars in taxes in the form of fees, licenses, and Florida State Sales Taxes. We are not a big corporate affair, we are only a Mom & Pop operation who truly are good citizens that are contributing to this city's growth and society at large. If there is no suspension of this ordinance, and if it is enforced, there is absolutely no doubt in my mind that our sales will shortly thereafter CRASH, and that this Mom and Pop will sadly have to move on. It is kind of like whistling in the wind to try and argue with the cold hard evidence of statistics like these. We have done our homework here, and this data is real. It is not just some dreamed up oJJinion!!! There is absolutely no evidence ..~hat . Block-End Signs will do anything whatsoever to improve l?u1?iness., l'Jpue!!!Th,is is downtown, not a mall. Window signs, or a 2X2, or a 4X1 - 4 square foot menu boards on the side of a building will do very little if anything. How do we know this beyond question??? We've already tried these to no avail. Only our Sandwich Board Sign has ever worked. People very seldom look side to side or up above eye level, and mostly,lheyJook ~}rai~ht"ah~~dandsli~l1tJ~ down. In Conclusion: Even losing one downtown merchant with such an experiment as the Director is proposing is far too costly. The city simply can not afford this move with an existing 40%+ vacancy. 7. 8. 9. 10. I don't say all the above as a childish threat to leave home because I can't have my way. The above are cold hard facts that can be proven beyond doubt. Solution: Tonight, I ask that you Mr. Mayor, and the City Council together, immediately propose and vote for a moratorium on this ordinance, until it can be either cancelled, or finally turned into a real solution that actually "works". This Mom & Pop, Valorie and I - We could use a little help. Please. Sincerely, Ian Shillington N.D. Doctor of Naturopathy (Retired) 4.B!) '@~and' ~.. '@Ieu~. lJlJPL 33766 - ~ne.. 727-#7-6282 ,="..: 1 Div ~ 15 Multi X 1 300 285 270 255 240 ~ rl Ili~ '4' t\...... - t. - . rAI C-. 195 165 150 11 Oet Organic Solutions, Inc. Number of Rabbit Hole Sales Rabbit Hole Organizer Ben 'jJj) , ~ ) /'r- Jt ~- ~' ~ ~ " t J ~~ (~ 1I. ~ "II- ,.~~~.~ ~_,.._.._. 'i__ .... ... ~ :';~_ .... ~-.... " - .. i~... ...~ ~...... S(~~ I~S) 0..'- ~W _ J ~ 180 ~f ~ a:: ~: ~ Jeo -- -"' J~ ~r 'IJ'~~ ~~t 'If '1 :'-04 ~ 6~ 'f>.A'fS 18 25 1 8 15 22 29 6 13 20 27 3 Oct. Oct Nov Nov Nov Nov Nov Dee Dee Dee Dee Jan 10 Jan 08 Meeting Date: 1/17/2008 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Approve the applicant's request to vacate the 40- foot drainage and utility easement lying along the east property lines of Lot 2, Lokey Subdivision and Lot 1, Sever Subdivision, (AKA 19820 U.S. 19 North), as more particularly described in the ordinance, and pass Ordinance 7911-08 on first reading. SUMMARY: The applicant is seeking approval of the vacation in order to more fully develop the Lokey Motors Car Dealership in the subject easement area. Verizon, Knology Broadband, Bright House and Progress Energy have no objections to the vacation request. The City of Clearwater has no utilities in the subject easement except for a sanitary sewer line located in a IS-foot easement that will remain after the 40-foot drainage and utility easement is vacated. Review Approval: 1) Clerk Cover Memo Item # 3 Attachment number 1 Page 1 of 2 ORDINANCE NO. 7911-08 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, VACATING THE DRAINAGE AND UTILITY EASEMENT DESCRIBED AS: A PORTION OF LOT 2, BLOCK A, LOKEY SUBDIVISION AND A PORTION OF LOT 1, SEVER PARK; PROVIDING AN EFFECTIVE DATE. WHEREAS, AL & AL, LLC, owner of real property located in the City of Clearwater, has requested that the City vacate the drainage and utility easement depicted in Exhibit A attached hereto; and WHEREAS, the City Council finds that said easement is not necessary for municipal use and it is deemed to be in the best interest of the City and the general public that the same be vacated; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following: Drainage and utility easement described as: A portion of Lot 2, Block A, Lokey Subdivision, according to the plat thereof, recorded in Plat Book 92, pages 18 and 19 and a portion of Lot 1, Sever Park, according to the plat thereof recorded in Plat book 90, page 59 all of the public records of Pinellas County, Florida, Being more particularly described as follows: Commence at the Northeast corner of the Northeast X of Section 19, Township 29 south, Range 16 East, Pinellas County, Florida: N. 880 55' 55" W., 100.00 feet to the Point of Beginning; thence along the westerly right-of- way line of U.S. Highway 19 and the easterly boundary of said Lokey Subdivision, S. 00052' 33" W., 509.85 feet; thence along the northerly right- of-way line of Tropic Hills Drive of Tropic Hills Unit 1 as recorded in Plat book 57, Page 41 of the Public Records of Pinellas County, Florida, N. 890 12' 40" W., 40.00 feet; thence N. 00052' 33" E., 510.04 feet to the northerly boundary of said Lokey Subdivision and the Southerly boundary of said Sever Park; thence N. 01004' 25" E., 385.00 feet; thence S. 88055' 55" E., 40.02 feet; thence along said westerly right-of-way line of U.S. Highway 19, S. 01004' 25" W., 385.00 feet to the Point of Beginning. is hereby vacated, and the City of Clearwater releases all of its rights in the servitude as described above to the owner of the servient estate thereto. Section 2. The City Clerk shall record this ordinance in the public records of Pinellas County, Florida, following adoption. Section 3. This ordinance shall take effect immediately upon adoption. Item # 3 Ordinance No. 7911-08 PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Approved as to form: Camilo A. Soto Assistant City Attorney Attachment number 1 Page 2 of 2 Frank V. Hibbard Mayor Attest: Cynthia E. Goudeau City Clerk Item # 3 Ordinance No. 7911-08 Attachment number 2 ~I ~ ST 291A E2 ~ 918 I I I ~ J_ - - - - - - r - - - - - - - - - - - - - - - - - - - - - - - - - - - - - r - - - - - - - - - -ffi-60- - - - - - - - - - - -i5 - - -- I ~ <( I w ~ W W W W W W W ~ ~ ~ ~ ~ ~ ~ W W if) TROPIC HILLS DR (') ...J <( 0 W 0 1:5 ...J Z 0 0 ~u~ '> 0 <( :::i ~ <( ...J 0 Z z !::: (') S a: w w :=J a: I- W 0 a: w LL a: <( ~ I W (') a: > a: <( :2: LL W 0 U a: & :=J o:J (V) BRENTWOOD DR I 309B 310A MORELAND DR !U6U" <( <J) > --' Z - W w a: c< '" 0 o () :;; 15 HARN ST 290A 299A I RD I ~[J i w o:J I <( I ~ ____L__ I I o ::; o:J -____1..--_ I DR a: o w ~ if) if) ~ >- o:J 299B RD w ~ Z ~ W > W W ...J ...J '> Z W o W BURN ICE DR z :J a: w :2: :2: :=J if) -FAfRBANKS- - -DR- - ~I I ~ GLENANN DR ~I I it ----------+--- SUMMERLIN 3188 ~ ;;: 40' Drainage and Utility Easement Vacation. N W~E Ordinance #: 7911-08 Prepared by: Engineering Department Geographic Technology Division 100 S. Myrtle Ave, Clearwater, FL 33756 Ph: (72~~;~~~:~~t~r2~~~6-4755 Map Gen By: JHH Reviewed By: SO Date: 12/19/2007 Map Document: (V:IGISIEngineeringILocation MapslLOKEY MERCEDES ROW VACATION.mxd) 12/19/2007 --10:43:17 AM s em #3 Scale: N.T.S. S-T-R: 18-29s-16e 09-29s-15e Attachment number 3 Page 1 of 2 Attachment number 3 Page 2 of 2 ECTlONS 18 & 19, TOW'NSHIP 29 5., RANGE 16 E., INELLAS COUNTY, flORIDA ROJECT NUMBER 3664-01 EXHIBIT A MAP: AL & AL, LLC V AC2007 -06 ORD. 7911-08 DESCRfPTION A PORTION OF LOT 2, BLOCK A, LOKEY SUBDIVISION, ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 92, PAGES 18 AND 19 AND A PORTION OF LOT 1, SEYER PARK. ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 90, PAGE 59 ALL OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA, BEING MORE PARTlCULARLY DESCRIBED AS FOLLO'WS: COMMENCE .AT mE NORTI1EAST CORNER OF THE NOTHEAST 1/4 OF SECTION 19, TOWNSHIP 29 SOUTH, RANGE 16 EAST, PINELLAS COUNTY, FLORIDA; N.88'S5'S5bW., 100.00 FEET TO THE POINT OF BEGINNING; THENCE ALONG THE WESTERLY RIGHT-OF-WAY LINE OF U.S. HIGHWAY 19 AND THE EASTEREL Y BOUNDARY OF SAID LOKEY SUBDIVISION, S.OO'S2'33"W., 509.85 __ THENCE ALONG TI1E NORl1-IERLY RIGHT-OF-WAY LINE OF lROPIC HILLS DRIVE OF TROPIC HILLS UNI T 1 AS RECORDED IN PLAT BOOK PLAT 800K 57, PAGE 41 OF TH E PUBLIC RE CORDS OF PINELLAS COUNTY, flORIDA, N.B912'40"W., 40.00 FEET; THENCE N.OO"S2'33bE., 510.04 FEET TO Tr-lE NORTr-lERLY BOUNDARY OF SAID LOKEY SUBDIVSION AND THE SOUTHERLY BOUNDARY OF SAID SEVER PARK; THENCE N.01"04'25"E., 385.00 FEET; THENCE S.88"55'5S"E., 40.02 FEET; THENCE ALONG SAID WESTERLY RIGHT-OF-WAY LINE OF U.S. HIGHWAY 19, S.01'04'2S"W., 385.00 FEET TO THE POINT OF BEGINNING. CONTAINING 0.8219 ACRES, MORE OR LESS. ~ 1.BE ARINGS ARE BASED ON THE WEST RIGHT-OF-WAY LINE OF US HIGHWAY 19-, BEING SOO"52'25"W. 2. LE GAL DE S CRI PTI ON WAS PRE PARE D BY POLARIS AS S OCI ATE S, INC. 3. RE-USE OF THIS SKETCH FOR PURPOSES OTHE R THAN WHICH IT WAS INTENDE D, W1Tr-lOUT WRITTEN VERIFICATION, WilL BE AT Tr-lE RE-USERS SOLE RISK AND WITr-lOUT LIABILITY TO THE SURVEYOR. NOTHiNG HEREIN SHALL BE CONSTRUED TO GIVE ANY RIGHTS OR BENEFITS TO. ANYONE OTHER THAN THOSE CERTIFIED TO. 4. THIS SKETCH is NOT INTENDED TO SHOW THE LOCATION OR EXISTENCE OF ANY JURISDICTIONAL, HAZARDOUS OR ENVIRONMENTALLY SENSITlVE AREAS. 5. THIS S KE TCH W AS PRE PARE D WI THOUT THE BE NE FIT OF AN ABS TR ACT OF TITLE AND !viA Y BE SU8JE CT TO EASEMENTS, RESTRICTIONS, RIGHTS-OF-WAY AND OTIiER MATTERS OF RECORD. .C E..JL,T.J t.' C Ail 0 N. 1 HEREBY CERTIFY THAT THE SKETCH REPRESENTED HEREON MEETS THE MINIMUM TECHNICAL STANDARDS SET FORTH BY THE FLORIDA BOARD OF PROFESStONAL LAND SURVEYORS IN CHAPTER 61G17-6, FLORIDA ADMINISTRATIVE CODE, PURSUANT TO SECTION 472,027 FLORIDA STATUTES. SAVED: 10/4/2007 3: 01 PM LOTTED: 10/4/2007 3: 02 PM Meeting Date: 1/17/2008 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Approve the Annexation of certain real property located on part of Lawson Road and all of Blackburn Street, north of Sunset Point Road and west of US Highway 19 (consisting of a portion of Section 6, Township 29 South, Range 16 East, at a general site location with the Post Office Address of 2530 Sunset Point Road); and Pass Ordinance 7910-07 on first reading. (ANX2007- 10026) SUMMARY: This annexation petition involves a 1.3491-acre property consisting of a portion of Right -of-Way consisting of part of Lawson Road and all of Blackburn Street. It is located on the north side of Sunset Point Road, and west of US Highway 19. The City of Clearwater is requesting this annexation in order to comply with a City Engineering condition of site plan approval, that Lawson Road and Blackburn Street be improved to City Standards prior to the issuance of a Certificate of Occupancy (Development Order - Case FLD2004-02011A/PL T2004-00007 A - 2520 Sunset Point Road). There are no ordinances for future land use nor zoning designations because the proposed annexation is a small segment of Right -of-Way, located within County jurisdiction. The Planning Department determined that the proposed annexation is consistent with the provisions of Community Development Code Section 4-604.E as follows: . The proposed annexation is consistent with and promotes the following objective of the Clearwater Comprehensive Plan: Objective 2.4: Compact urban development within the urban service area shall be promoted through application of the Clearwater Development Code. . The proposed annexation will not have an adverse impact on public facilities and their level of service. . The proposed annexation is consistent with the City's Comprehensive Plan, the Countywide Plan, the Community Development Code and Pinellas County and Florida Law. . The property proposed for annexation is contiguous to existing City boundaries to the north, south, east, and west; represents a logical extension of the boundaries and does not create an enclave; therefore the annexation is consistent with Florida Statutes Chapter 171.044. Review Approval: 1) Clerk Cover Memo Item # 4 r;.;::~:m'; ~ [} ~ ~ [} PROJECT W --II :: Attachment number 1 Page 1 of 5 iB - w ::> f[ l[ .......... i:::\.:i .::":;"::-: -.:.;....~ LOCATION MAP Owner: Pine lias County Case: ANX2007 -10026 Site: A portion of ROW located adjacent to Property Size 1.349 2520 Sunset Point Road (Acres): Land Use Zoning PIN: N/A From: N/A(County) N/A(County) To: N/ A (City) N/ A (City) Atlas Page: 254B Item # 4 Attachment number 1 Page 2 of 5 AERIAL MAP Owner: Pine lias County A portion of ROW located adjacent to 2520 Sunset Point Road Case: ANX2007 -10026 Site: Property Size (Acres): 1.349 Land Use Zoning PIN: N/A From: N/A(County) N/A(County) To: N/ A (City) N/ A (City) Atlas Page: 254B Item # 4 j I ~ fmm co .... 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'" "" '" " "" "'" HAAS AVE "- 00 '" N Retail 24244 1941 24120 CC\l"lt co CIOC C\I"ItCO CIOCC\l"ltCO It) It) It) It) It) co coco co co........................ 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'.::::.:::1 ANX2007 -10026 1.349 N/A 254B Item # 4 View looking north at Lawson Road, north of Haas Avenue Blackburn Street, looking east Attachment number 1 Page 5 of 5 View looking southwest at Lawson Road, south of Blackburn Street Lawson Road, looking northwest ANX2007 -10026 Pinellas County Right-of-Way, KB Home - Tampa, LLC A portion of ROW located adjacent to 2520 Sunset Point Road Item # 4 Attachment number 2 Page 1 of 1 ORDINANCE NO. 7910-08 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTY LOCATED ON PART OF LAWSON ROAD AND ALL OF BLACKBURN STREET NORTH OF SUNSET POINT ROAD AND WEST OF US HIGHWAY 19, CONSISTING OF A PORTION OF SECTION 6, TOWNSHIP 29 SOUTH, RANGE 16 EAST, AT A GENERAL SITE LOCATION WITH THE POST OFFICE ADDRESS OF 2530 SUNSET POINT ROAD, INTO THE CORPORATE LIMITS OF THE CITY, AND REDEFINING THE BOUNDARY LINES OF THE CITY TO INCLUDE SAID ADDITION; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Clearwater has petitioned to annex the property described herein and depicted on the map attached hereto as Exhibit A into the City pursuant to Section 171.044, Florida Statutes, and the City has complied with all applicable requirements of Florida law in connection with this ordinance; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORI DA: Section 1. The following-described property is hereby annexed into the City of Clearwater and the boundary lines of the City are redefined accordingly: See legal description attached. (ANX2007 -10026) Section 2. The provisions of this ordinance are found and determined to be consistent with the City of Clearwater Comprehensive Plan. The City Council hereby accepts the dedication of all easements, parks, rights-of-way and other dedications to the public, which have heretofore been made by plat, deed or user within the annexed property. The City Engineer, the City Clerk and the Planning Director are directed to include and show the property described herein upon the official maps and records of the City. Section 3. This ordinance shall take effect immediately upon adoption. The City Clerk shall file certified copies of this ordinance, including the map attached hereto, with the Clerk of the Circuit Court and with the County Administrator of Pinellas County, Florida, within 7 days after adoption, and shall file a certified copy with the Florida Department of State within 30 days after adoption. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Frank V. Hibbard Mayor Approved as to form: Attest: Leslie K. Dougall-Sides Assistant City Attorney Cynthia E. Goudeau City Clerk Item # 4 Ordinance No. 7910-08 Meeting Date: 1/17/2008 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Adopt Ordinance 7835-07 on second reading, making various amendments to the Community Development Code. SUMMARY: Review Approval: 1) Clerk Cover Memo Item # 5 Attachment number 1 Page 1 of 56 ORDINANCE NO. 7835-07 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA MAKING AMENDMENTS TO THE COMMUNITY DEVELOPMENT CODE BY AMENDING ARTICLE 2, ZONING DISTRICTS, CHART 2-100 PERMITTED USES; AND AMENDING ARTICLE 2, ZONING DISTRICTS, SECTION 2- 301.1, MAXIMUM DEVELOPMENT POTENTIAL, TO ADD A FUTURE LAND USE DESIGNATION FOR CONSISTENCY WITH THE COMPREHENSIVE PLAN; AND AMENDING ARTICLE 2, ZONING DISTRICTS, SECTION 2-704, TO ADD MARINAS AS A PERMITTED USE AND CHANGE THE FLEXIBILITY CRITERIA HEADING TO INCLUDE MARINAS; AND AMENDING ARTICLE 2, ZONING DISTRICTS, SECTIONS 2-802, 2-803, 2-902, AND 2-903 TO ADD MIXED USE AS A PERMITTED USE AND TO PROVIDE FLEXIBILITY FOR SAME; AND AMENDING ARTICLE 2, ZONING DISTRICTS, SECTION 2-803, TO ADD MARINAS AS A PERMITTED USE AND CHANGE THE FLEXIBILITY CRITERIA HEADING TO INCLUDE MARINAS; AND AMENDING ARTICLE 2, ZONING DISTRICTS, SECTION 2-903, TO ADD VETERINARY OFFICES AND OR ANIMAL GROOMING AS A PERMITTED USE, AND BOARDING AS AN ACCESSORY USE, PROVIDING MAXIMUM BUILDING HEIGHT AND MINIMUM OFF-STREET PARKING, AND ADDING FLEXIBLlTY CRITERIA; AND AMENDING ARTICLE 2, ZONING DISTRICTS, SECTION 2-903, TO ADD MARINAS AS A PERMITTED USE SEPARATE FROM MARINA FACILITIES, REDUCE THE PARKING REQUIREMENT, AND CHANGE THE FLEXIBILITY CRITERIA HEADING TO INCLUDE MARINAS; AND AMENDING ARTICLE 2, ZONING DISTRICTS, SECTION 2-1204, TO MAKE PLURAL THE PERMITTED USE "MARINA" AS MARINAS; AND AMENDING ARTICLE 2, ZONING DISTRICTS, SECTION 2-1302, TO ADD INDOOR RECREATION/ENTERTAINMENT, AND PUBLICATIONS AND PRINTING AS PERMITTED USES AND PROVIDE DIMENSIONAL AND MINIMUM OFF- STREET PARKING REQUIREMENTS; AND AMENDING ARTICLE 2, ZONING DISTRICTS, SECTION 2-1303, TO ADD PUBLICATIONS AND PRINTING AS A PERMITTED USE AND PROVIDE DIMENSIONAL AND MINIMUM OFF- STREET PARKING REQUIREMENTS; AND AMENDING ARTICLE 2, ZONING DISTRICTS, SECTION 2-1502, TO REDUCE THE PARKING REQUIREMENT FOR MARINAS AND TO CORRECT THE TABLE NUMBER; AND AMENDING ARTICLE 3, DEVELOPMENT STANDARDS, SECTION 3-804 TO ENABLE ADDITIONAL WALL HEIGHT ALLOWANCES AND TO DESIGNATE, BY ADDING AND REMOVING DISTRICTS, WHERE SUCH ALLOWANCES WILL OCCUR; AND AMENDING ARTICLE 3, DEVELOPMENT STANDARDS, SECTION 3-805 TO ENABLE VACANT LOTS AND LOTS WITHOUT A PRIMARY USE TO BE FENCED; AND AMENDING ARTICLE 3, DEVELOPMENT STANDARDS, SECTION 3-903 TO ALLOW FOR CERTAIN ENCROACHMENTS INTO SETBACKS; AND AMENDING ARTICLE 3, DEVELOPMENT STANDARDS, SECTION 3-1202 GENERAL LANDSCAPING Ordinance No.l~~15 Attachment number 1 Page 2 of 56 STANDARDS TO CLARIFY PLANT MATERIAL STANDARDS; AND AMENDING ARTICLE 3, DEVELOPMENT STANDARDS, SECTION 3-1205 TO CHANGE A TITLE WITHIN THIS SECTION AND TO REVISE THE CONDITIONS AND SPECIFICATIONS FOR THE REPLACEMENT OF TREES AND PALMS; AND AMENDING ARTICLE 3, DEVELOPMENT STANDARDS, SECTION 3-1407, PARKING RESTRICTIONS, TO EDIT TEXT FOR CLARIFICATION OF WHERE VEHICLES CANNOT BE PARKED OR STORED; AND AMENDING ARTICLE 3, DEVELOPMENT STANDARDS, SECTION 3-1803 TO ADDRESS EXCEPTIONS TO SIGNS PROHIBITED ON PUBLICLY OWNED LAND OR EASEMENTS OR INSIDE STREET RIGHTS OF WAY; AND AMENDING ARTICLE 3, DEVELOPMENT STANDARDS, SECTION 3-1805 TO ADD A NEW SUBSECTION TO ADDRESS CERTAIN SIGNS PERMITTED WITHOUT A PERMIT ON CITY PARK PROPERTY; AND AMENDING ARTICLE 4, DEVELOPMENT REVIEW AND OTHER PROCEDURES, SECTION 4-202, REVISING APPLICATION REQUIREMENTS; AND AMENDING ARTICLE 4, DEVELOPMENT REVIEW AND OTHER PROCEDURES, SECTION 4-303, BY ADDING TEXT TO NULL AND VOID AN APPROVAL UPON DETERMINATION OF INACTION TO IMPLEMENT A BUILDING PERMIT; AND AMENDING ARTICLE 4, DEVELOPMENT REVIEW AND OTHER PROCEDURES, SECTION 4-407, BY REVISING TEXT REGARDING IMPLEMENTING APPROVED SITE PLANS; AND AMENDING ARTICLE 4, DEVELOPMENT REVIEW AND OTHER PROCEDURES, SECTION 4-606, BY REVISING TEXT TO LENGTHEN THE EXPIRATION OF DEVELOPMENT AGREEMENTS; AND AMENDING ARTICLE 4, DEVELOPMENT REVIEW AND OTHER PROCEDURES, SECTION 4-608, BY REVISING TEXT TO CHANGE CERTAIN CITY STAFF ROLES WITHIN THE NEIGHBORHOOD CONSERVATION OVERLAY DISTRICT DESIGNATION PROCESS; AND AMENDING ARTICLE 4, DEVELOPMENT REVIEW AND OTHER PROCEDURES, SECTIONS 4-1001 AND 4-1008, BY ADDING A SPECIFIC APPLICATION PROCEDURE FOR THE COMPREHENSIVE SIGN PROGRAM; AND AMENDING ARTICLE 4, DEVELOPMENT REVIEW AND OTHER PROCEDURES, SECTION 4-1201, BY IMPROVING THE WORDING OF A REQUIREMENT TO OBTAIN A PERMIT TO REMOVE CERTAIN TREES; AND AMENDING ARTICLE 8, SECTION 8-102 TO ADD TO THE DEFINITION OF COMMUNITY DEVELOPMENT BOARD, AND TO ADD NEW DEFINITIONS: PUBLICATIONS AND PRINTING, SEASONAL SALES, AND PRINCIPAL STRUCTURE AND RIGHT-OF-WAY LOCATION; AND AMENDING APPENDIX A, SCHEDULE OF FEES, RATES AND CHARGES TO REVISE CERTAIN TEXT AND UPDATE CERTAIN FEES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Clearwater adopted a new Community Development Code on January 21, 1999 which was effective on March 8, 1999, and 2 Ordinance No. 7835-071tem # 5 Attachment number 1 Page 3 of 56 WHEREAS, since the effective date of the new Community Development Code, the City of Clearwater has reviewed numerous development proposals in all of the new zoning districts in all parts of the City that utilize the Minimum Standard, Flexible Standard and Flexible levels of review, and WHEREAS, the City of Clearwater has determined where the Community Development Code needs clarification and revision, and WHEREAS, the City of Clearwater desires for the Community Development Code to function effectively and equitably throughout the City, now therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. Article 2, Zoning Districts, Chart 2-100, Permitted Uses, is amended as follows: 3 Ordinance No. 7835-071tem # 5 Attachment number 1 Page 4 of 56 Table 2-100 CHART 2-100 PERMITTED USES Use Categories LOR LMDR MDR MHDR HDR MHP C T 0 0 I IRT OSR P CRNCODIENCOD Residential Detached dwellingc -X -X -X -X -X -X -X Attached d'.^ielling8 -X -X -X -X -X -X /\cceccory dwellingc -X -X -X -X -X -X Community re8idential home8 -X -X -X -X -X -X -X Accessory dwellinqs - X X X X X X Attached dwellinqs X X X X X X X Community residential homes X X X X X X X X Detached dwellinqs X X X X X X X X Mobile homes X Mobile home parks X Residential infill projects X X X X X X X Non residential Adult uses X X Ai rpo rt X Alcoholic beverage sales X X X Animal grooming and or boarding X X -X X Assisted living facilities X X X X Automobile service stations X X Cemeteries X Comprehensive infill redevelopment l*9h-proiect (CI RP) X X X X X X X Congregate care X X X X Convention center X Educational facilities X X X X Governmental uses X X X X X X Halfway houses X Hospitals X I ndoor recreation/entertainment X X X X Light assembly X Limited vehicle €ale8idi8play€ -X -X Limited 'iehicle cervice -X Manufacturing X Marinas -X -X -X -X X Marinas and marina facilities X X X X Medical clinic X X X X -X Mixed use X X X X Nightclubs, taverns and bars X X X X Non-residential off-street parking X X X X 4 Ordinance No. 7835-071tem # 5 Attachment number 1 Page 5 of 56 Nursing homes X X X X Offices X X X X X X Off-street parking X X Open space X Outdoor recreation/entertainment X X X X X X Outdoor retail sales, display and/or storage X X Overnight accommodations X X X X X X X X X ParkinQ QaraQes and lots X X X X X X Parks and recreation facilities X X X X X X X X X X X X Places of worship X X X X Problematic uses X Public facility X X Publishinq and printinq X Public transportation facilities X X X X X X X X Research and technology use X Residential shelters X X X Restaurants X X X X X X Retail sales and services X X X X X X X X RV parks X Salvaqe yards X Schools X X X X X X X Self-storage warehouse X X Sidewalk vendors X X Social and community centers X X X X Social/public service agencies X X X X X X Telecommunications towers X X X X X TV/radio studios X X Utility/infrastructure facilities X X X X X X X X X X X X X X X Vehicle sales/displays X X Vehicle sales/displays, limited X X Vehicle sales/displays, major X Vehicle service X Vehicle service, limited X Vehicle service, major X Veterinary offices X X X X Wholesale/distri bution/warehouse facility X 5 Ordinance No. 7835-071tem # 5 Attachment number 1 Page 6 of 56 Section 2. Article 2, Zoning Districts, Section 2-301.1, Maximum development potential, is amended as follows: Countywide Future Land Maximum Dwelling Maximum Floor Area Use Designation Units per Acre Ratio/lmpervious Surface of Land Ratio Residential Urban 7.5 dwelling units FAR AO/lSR .65 per acre Residential Low Medium 10 dwelling units per FAR .50/lSR .75 acre Residential Medium 15 dwelling units per FAR .50/lSR .75 acre Residential/Office General 15 dwelling units per FAR .50/lSR .75 acre Res identia I/Office/Reta i I 18 dwellinq units per FAR AO/lSR .85 acre Section 3. Article 2, Zoning Districts, Section 2-704, Flexible development, is amended as follows: *********** Table 2-704. "C" District Flexible Development Standards Min. Min. Min. Min. Lot Lot Max. Min. Side Rear Min. Off- Use Area Width Height Front (ft.) (ft.) Street (sq. ft.) (ft. ) (ft. ) (ft.) Parking Alcoholic Beverage Sales 5,000-- 50n 15-- On 10-- 5 per 1,000 10,000 100 25 25 10 20 GFA Determined by the community Com prehensive development n/a n/a coordinator lnfill Redevelopment n/a n/a n/a n/a based on the Project specific use and/or ITE Manual standards 6 Ordinance No. 7835-071tem # 5 Attachment number 1 Page 7 of 56 3--5/1000 SF Indoor 3,500-- 30-- 25--50 15-- 0-- 10-- GFA or 3-- Recreation/Entertai n ment 10,000 100 25 10 20 5/lane, 1-- 2/court or 1/machine 5,000-- 50-- 15-- 0-- 10-- 4--5 spaces Light Assembly 10,000 100 25 25 10 20 per 1,000 GFA 5,000-- 50-- 15-- 0-- 10-- 4--5 spaces Limited Vehicle Service 10,000 100 25 25 10 20 per 1,000 GFA Marinas and Marina 5,000-- 1 space per 2 Facilities 20,000 50 25 25 10 20 slips 4--5 spaces 5,000-- per 1,000 Mixed Use 10,000 50-- 25--50 15-- 0-- 10-- GFA and 2 100 25 10 20 spaces per residential unit 5,000-- 50-- 15-- 0-- 10-- 10 per 1,000 Nightclubs 10,000 100 25 25 10 20 GFA 3,500-- 30-- 25--50 15-- 0-- 10-- 3--4 spaces Offices 10,000 100 25 10 20 per 1,000 GFA Off-Street Parking 10,000 100 n/a 15-- 0-- 10-- n/a 25 10 20 1--10 per 1,000 SQ FT of land area or as Outdoor determined Recreation/Entertai n ment 20,000 100 25 15-- 10 10-- by the 25 20 community development coordinator based on ITE Manual standards Overnight 20,000- 1 00-- 25--50 15-- 0-- 10-- Accommodations 40,000 200 25 10 20 1 per unit Problematic Uses 5,000 50 25 15-- 10 10-- 5 spaces per ~~ ~~ 1,000 SF 7 Ordinance No. 7835-071tem # 5 Attachment number 1 Page 8 of 56 25 20 GFA 3,500-- 35-- 25--50 15- 0-- 10-- 7--15 spaces Restaurants 10,000 100 25 10 20 per 1,000 GFA Retail Sales and Services 3,500-- 30-- 25--50 15-- 0-- 10-- 4--5 spaces 10,000 100 25 10 20 per 1,000 GFA RV Parks 40,000 200 25 15-- 20 10-- 1 space per 25 20 RV space 1 per 20 units Self Storage 20,000 100 25 15-- 10 10-- plus 2 for 25 20 manager's office 3--4 spaces Social/Public Service 5,000-- 50-- 25--50 15-- 0-- 10-- per 1,000 Agencies (1) 10,000 100 25 10 20 GFA Refer Telecommunication 10,000 to 100 section 25 10 20 n/a Towers 3- 2001 10,000- 2.5 spaces Vehicle Sales/Displays 40,000 1 00-- 25 15-- 10 10-- per 1,000 SO 200 25 20 FT of lot area Veterinary Offices or 5,000-- 50-- 15-- 0-- 10-- 4 spaces per Grooming and Boarding 10,000 100 25 25 10 20 1,000 GFA *********** Flexibility Criteria: *********** B. Marinas and mMarina facilities. *********** Section 4. Article 2, Zoning Districts, Section 2-802, Flexible standard development is amended as follows: *********** 8 Ordinance No. 7835-071tem # 5 Attachment number 1 Page 9 of 56 Table 2-802. "T" District Flexible Standard Development Standards Min. Lot Min. Max. Min. Off- Use (1) A.rea Lot Height Min. Setbacks Density Street Width (1) (ft.) (1) (sq. ft.) (ft. ) (ft. ) Parking Front Side Rear Accessory Dwellings n/a n/a n/a n/a n/a n/a 30 1/unit units/acre Alcoholic Beverage Sales 5,000 50 35 10-- 10 20 n/a 5 per 1,000 15 GFA Attached Dwellings 10,000 100 35-- 10-- 10 10-- 30 2 per unit 50 15 20 units/acre Governmental Uses(2) 10,000 100 35-- 10-- 0-- 10-- n/a 3--4/1,000 50 15 10 20 GFA Indoor 35-- 0--15 0-- 10 per 1,000 Recreation/Entertai n ment 5,000 50 100 10 20 n/a GFA Medical Clinic 10,000 100 30-- 10-- 10 20 20 2--3/1,000 50 15 GFA 50- 35-- 0-- 10-- 30 Based upon Mixed Use 10,000 100 50 0--15 10 20 units/acre use requirements Nightclubs 5,000 50 35 15 10 20 n/a 10 per 1,000 GFA Non-Residential Off- n/a n/a n/a 25 5 10 n/a n/a Street Parking 10,000 100 35-- 10-- 0-- 10-- 3--4 spaces Offices 50 15 10 20 n/a per 1,000 GFA 2.5 spaces per 1,000 sq. ft. of lot area or as Outdoor determined Recreation/Entertai n ment 5,000 50 35 10-- 10 20 n/a by the 15 community development director based on ITE Manual standards 9 Ordinance No. 7835-071tem # 5 Attachment number 1 Page 10 of 56 100- 40 Overnight 20,000 - 35-- 10-- 0-- 10-- rooms/acre 1 per unit Accommodations 150 50 15 10 20 Parking Garages and 20,000 100 50 15-- 10 10-- n/a n/a Lots 25 20 1 per 20,000 SF land area or as determined Parks and Recreation n/a by the Facilities n/a 50 25 10 20 n/a community development coordinator based on ITE Manual standards Public Transportation n/a n/a 10 n/a n/a n/a n/a n/a Facilities(3) Sidewalk Vendors flfa.- flfa- flfa.- flfa.- flfa.- flfa.- flfa.- flfa.- 5,000-- 50-- 25-- 10-- 0-- 10-- 7-15 spaces Restaurants 10,000 100 35 15 10 20 n/a per 1,000 GFA Retail Sales and 5,000-- 50-- 35-- 10-- 0-- 10-- 4--5 spaces Services 10,000 100 50 15 10 20 n/a per 1,000 GFA Sidewalk Vendors n/a n/a n/a n/a n/a n/a n/a n/a Social and Community 5,000-- 50-- 35-- 10-- 0-- 10-- 4--5 spaces Center 10,000 100 50 15 10 20 n/a per 1,000 GFA Utility/l nfrastructure n/a n/a n/a 25 10 10 n/a n/a Facilities(4) ************ Flexibility Criteria: ************ F. Mixed Use 1. Lot area and width: The reduction in lot area and/or width will not result in a buildinq which is out of scale with existinq buildinqs in the immediate vicinity of the parcel proposed for development. 10 Ordinance No. 7835-071tem # 5 Attachment number 1 Page 11 of 56 2. Front setback: The reduction in front setback results in an improved site plan or improved desiqn and appearance. 3. Side and rear setback: a. The reduction in side and/or rear setback does not neqatively impede emerqency access. b. The reduction in side and/or rear setback results in an improved site plan, more efficient parkinq, or improved desiqn appearance and landscaped areas are in excess of the minimum required. 4. Off-street parkinq: ~ Adequate parkinq is available on a shared basis as determined by all existinq land uses within 1,000 feet of parcel proposed for development, or parkinq is available throuqh any existinq or planned and committed parkinq facilities or the shared parkinq formula in Article 2, Division 14: !L The physical characteristics of a proposed buildinq are such that the likely uses of the property will require fewer parkinq spaces per floor area than otherwise required or that the use of siqnificant portions of the buildinq will be used for storaqe or other non-parkinq demand-qeneratinq purposes. 5. The increased heiqht results in an improved site plan, landscapinq areas in excess of the minimum required or improved desiqn and appearance. G~. Nightclubs. 1 . Location. a. The parcel proposed for development is not contiguous to a parcel of land which is designated as residential in the Zoning Atlas; b. The use of the parcel proposed for development will not involve direct access to a major arterial street; 2. The design of all buildings complies with the Tourist District design guidelines in Division 5 of Article 3. HG. Non-residential off-street parking. 1. The parcel proposed for development is contiguous to the parcel on which the non- residential use which will be served by the off-street parking spaces, is located and has a common boundary of at least 25 feet, or the parcel proposed for development is located 11 Ordinance No. 7835-071tem # 5 Attachment number 1 Page 12 of 56 immediately across a public road from the non-residential use which will be served by the off- street parking spaces, provided that access to the off-street parking does not involve the use of local streets which have residential units on both sides of the street. 2. No off-street parking spaces are located in the required front setback for detached dwellings in the T District or within ten feet, whichever is greater, or within (10) feet of a side or rear lot line, except along the common boundary of the parcel proposed for development and the parcel on which the non-residential use which will be served by the off-street parking spaces. 3. Off-street parking spaces are screened by a wall or fence of at least four feet in height which is landscaped on the external side with a continuous hedge or non-deciduous vine. 4. All outdoor lighting is automatically switched to turn off at 9:00 p.m. 5. All parking spaces shall be surface parking. 6. The design of all buildings complies with the Tourist District design guidelines in Division 5 of Article 3. 1M. Offices. 1. The use of the parcel proposed for development fronts on but will not involve direct access to a major arterial street; 2. All signage is a part of the comprehensive sign program; 3. The design of all buildings complies with the Tourist District design guidelines in Article 3 Division 5. 4. Setbacks: a. The reduction in front setback contributes to a more active and dynamic streetlife; b. The reduction in front setback results in an improved site plan or improved design and appearance; c. The reduction in side and rear setbacks does not prevent access to the rear of any building by emergency vehicles; d. The reduction in side and rear setbacks results in an improved site plan, more efficient parking or improved design and appearance; e. The reduction in side and rear setbacks results in landscaped areas in excess of the minimum required. 12 Ordinance No. 7835-071tem # 5 Attachment number 1 Page 13 of 56 5. Off-street parking: a. Adequate parking is available on a shared basis as determined by all existing land uses within 1,000 feet of parcel proposed for development, or parking is available through any existing or planned and committed parking facilities or the shared parking formula in Article 2, Division 14; b. The physical characteristics of a proposed building are such that the likely uses of the property will require fewer parking spaces per floor area than otherwise required or that the use of significant portions of the building will be used for storage or other non-parking demand-generating purposes. 6. Height: The increased height results in an improved site plan or improved design and appearance. .Jl Outdoor recreation/entertainment. 1. The parcel proposed for development is not contiguous to a parcel of land which is designated as residential in the Zoning Atlas; 2. All signage is a part of a comprehensive sign program; 3. Sound amplification is designed and constructed to ensure that no amplified sound can be heard to the extent that the sound is recognizable in terms of the meaning of words or melody when wind conditions are less than ten miles per hour at a distance of more than 100 feet in all directions or when wind conditions are ten miles per hour or greater at a distance of more than 150 feet in all directions; 4. All outdoor lighting is designed and constructed so that no light falls directly on land other than the parcel proposed for development; 5. The design of all buildings complies with the Tourist District design guidelines in Division 5 of Article 3. 6. Front setback: a. The reduction in front setback contributes to a more active dynamic street life; b. The reduction in front setback results in an improved site plan or improved design and appearance. 7. Off-street parking: a. Adequate parking is available on a shared basis as determined by all existing land uses within 1,000 feet of the parcel proposed for development, or parking is available through any existing or planned and committed parking facilities or the shared parking formula in Article 2, Division 14; or 13 Ordinance No. 7835-071tem # 5 Attachment number 1 Page 14 of 56 b. The physical characteristics of a proposed building are such that the likely uses of the property will require fewer parking spaces per floor area than otherwise required or that the use of significant portions of the building are used for storage or other non- parking demand-generating purposes. KJ. Overnight accommodations. 1. Location: The use of the parcel proposed for development will not involve direct access to a major arterial street; 2. Height: The increased height results in an improved site plan and/or improved design and appearance; 3. Signs: No sign of any kind is designed or located so that any portion of the sign is more than six feet above the finished grade of the front lot line of the parcel proposed for development unless such signage is a part of an approved comprehensive sign program; 4. Setbacks: a. The reduction in front setback contributes to a more active and dynamic street life; b. The reduction in front setback results in an improved site plan or improved design and appearance; c. The reduction in side and rear setbacks does not prevent access to the rear of any building by emergency vehicles; d. The reduction in side and rear setbacks results in an improved site plan, more efficient parking or improved design and appearance; e. The reduction in side and rear setbacks does not reduce the amount of landscaped area otherwise required. 5. The design of all buildings complies with the Tourist District design guidelines in Division 5 of Article 3. 6. Lot width: The reduction in lot width will not result in a building which is out of scale with existing buildings in the immediate vicinity of the parcel proposed for development. 1K Parking garages and lots. 1. The parcel proposed for development is not contiguous to land designated as residential in the Zoning Atlas; 2. Access to and from the parking garage or lot shall be based on the findings of a transportation analysis approved by the city; 14 Ordinance No. 7835-071tem # 5 Attachment number 1 Page 15 of 56 3. The stacking spaces available for cars waiting to pass through a parking ticket dispensable or booth to enter the garage or lot shall be based on the design and size of the garage or lot; 4. Any frontage along a public street is landscaped or designed to be similar in character and use to other uses fronting on each street for a distance of 250 feet in either direction along the street or the nearest intersections, whichever is less; 5. Parking structures are designed, constructed and finished so that the structure of the garage is architecturally compatible the design and character of adjacent principal uses; 6. There is an unmet existing demand for additional parking in the immediate vicinity of the parcel proposed for development; 7. Construction of a parking structure would not otherwise be physically feasible; 8. The front and rear setbacks which are provided are improved as an arcade or with other active pedestrian/commercial areas for sidewalk cafes, sidewalk vendors, street furniture or urban amenities; 9. The design of all buildings complies with the Tourist District design guidelines in Division 5 of Article 3. 10. Front setback: a. The reduction in front setback contributes to a more active dynamic street life; b. The reduction in front setback results in an improved site plan or improved design and appearance. 11. Rear setback: a. The reduction in rear setback does not prevent access to the rear of any building by emergency vehicles; b. The reduction in rear setback results in an improved site plan, more efficient parking or improved design and appearance; c. The reduction in rear setback results in landscaping in excess of the minimum required. MI:::. Parks and recreation facilities. 1. The proposed use is compatible with the surrounding properties. 15 Ordinance No. 7835-071tem # 5 Attachment number 1 Page 16 of 56 2. Off-street parking is screened from adjacent parcels of land and any street by a landscaped wall or fence of at least four feet in height. 3. All outdoor lighting is designed so that no light fixtures cast light directly on adjacent land used for residential proposes. 4. Off-street parking: Adequate parking is available on a shared basis as determined by all existing land uses within 1,000 square feet of the parcel proposed for development, or parking is available through any existing or planned and committed parking facilities or the shared parking formula in Article 3, Division 14. NM. Public transportation facilities. 1. The public transportation facilities are not located within 1,000 feet of another public transportation facility unless necessary to serve established transit stops with demonstrated ridership demand; 2. The public transportation facilities are designed, located and landscaped so that the structure of the facilities are screened from view from any residential use or land designated as residential in the Zoning Atlas; 3. All lighting associated with the public transportation facilities is designed and located so that no light is cast directly on any residential use or land designated as residential in the Zoning Atlas; 4. The design of all buildings complies with the Tourist District design guidelines in Division 5 of Article 3. ON. Restaurants: 1. Lot area and width: The reduction in lot area will not result in a building which is out of scale with existing buildings in the immediate vicinity of the parcel proposed for development; 2. Location: The use of the parcel proposed for development will not involve direct access to a major arterial street; 3. Height: The increased height results in an improved site plan and/or improved design and appearance; 4. Signs: No sign of any kind is designed or located so that any portion of the sign is more than six feet above the finished grade of the front lot line of the parcel proposed for development unless such signage is a part of an approved comprehensive sign program; 5. Setbacks: 16 Ordinance No. 7835-071tem # 5 Attachment number 1 Page 17 of 56 a. The reduction in front setback contributes to a more active and dynamic street life; b. The reduction in front setback results in an improved site plan or improved design and appearance; c. The reduction in side and rear setbacks does not prevent access to the rear of any building by emergency vehicles; d. The reduction in side and rear setbacks results in an improved site plan, more efficient parking or improved design and appearance; e. The reduction in side and rear setbacks does not reduce the amount of landscaped area otherwise required. 6. Off-street parking: a. The physical characteristics of a proposed building are such that the likely uses of the property will require fewer parking spaces per floor area than otherwise required or that the use of significant portions of the building will be used for storage or other non-parking demand-generating purposes; b. Adequate off-street parking is available on a shared basis as determined by all existing land uses within 1,000 feet of the parcel proposed for development, or parking is available through any existing or planned and committed parking facilities or the shared parking formula in Article 2, Division 14; c. Fast food restaurants shall not be eligible for a reduction in the number of off- street parking spaces. 7. The design of all buildings complies with the Tourist District design guidelines in Division 5 of Article 3. PG. Retail sales and services. 1. Lot area and width: The reduction in lot area will not result in a building which is out of scale with existing buildings in the immediate vicinity of the parcel proposed for development; 2. Location: The use of the parcel proposed for development will not involve direct access to a major arterial street; 3. Height: The increased height results in an improved site plan or improved design and appearance; 4. Setbacks: 17 Ordinance No. 7835-071tem # 5 Attachment number 1 Page 18 of 56 a. The reduction in front setback contributes to a more active and dynamic street life; b. The reduction in front setback results in an improved site plan or improved design and appearance; c. The reduction in side and rear setbacks does not prevent access to the rear of any building by emergency vehicles; d. The reduction in side and rear setbacks results in an improved site plan, more efficient parking or improved design and appearance; e. The reduction in side and rear setbacks does not reduce the amount of landscaped area otherwise required; 5. Off-street parking: a. The physical characteristics of a proposed building are such that the likely uses of the property will require fewer parking spaces per floor area than otherwise required or that the use of significant portions of the building will be used for storage or other non-parking demand-generating purposes; b. Adjacent land uses are of a nature that there is a high probability that patrons will use modes of transportation other than the automobile to access the use; c. Adequate parking is available on a shared basis as determined by all existing land uses within 1,000 feet of the parcel proposed for development, or parking is available through any existing or planned and committed parking facilities or the shared parking formula in Article 2, Division 14. 6. The design of all buildings complies with the Tourist District design guidelines in Division 5 of Article 3. QP. Sidewalk vendors. 1. The location of the sidewalk vendor does not impair pedestrian movement. 2. The land occupied by a sidewalk vendor is not designated or used for required off-street parking. RQ. Social and community center. 1. The parcel proposed for development does not abut any property designated as residential in the Zoning Atlas. 2. Front setback: The reduction in front setback results in an improved site plan or improved design and appearance. 18 Ordinance No. 7835-071tem # 5 Attachment number 1 Page 19 of 56 3. Side and rear setback: The reduction in side and/or rear setback is necessary to preserve protected trees and/or results in an improved site plan or more efficient design and appearance and results in landscaping in excess of the minimum required. SR Utility/infrastructure facilities. 1. Any above ground structure other than permitted telecommunication towers and utility distribution lines located on or along a rear lot line shall be screened from view by a landscaped opaque wall or fence which is at least two-thirds the height of the above ground structure and shall be landscaped with trees which five years after installation substantially will obscure the fence or wall and the above ground structure; 2. The design of all buildings complies with the Tourist District design guidelines in Division 5 of Article 3. Section 5. Article 2, Zoning Districts, Section 2-803, Flexible development is amended as follows: *********** Table 2-803. "T" Flexible Development Standards Min. Min. Max. Min. Min. Min. Lot Lot Height Front Side Rear Min. Off- Use (1) Area Width (ft. ) (ft.) (ft.) (ft.) Density Street (sq. ft.) (ft.) (1) (1) (1) (1) Parking Alcoholic Beverage Sales 5,000 50 35-- 0-- 0-- 10-- n/a 5 per 1,000 100 15 10 20 GFA 5,000-- 50-- 35-- 0-- 0-- 10-- 30 Attached Dwellings 10,000 100 100 15 10 20 units/acre 2 per unit 2 spaces per attached dwelling unit and as determined 30 by the units/acre; community Comprehensive lnfill n/a n/a n/a n/a n/a n/a 40 development Redevelopment Project rooms/acre coordinator for all other uses based on the specific use and/or ITE Manual standards 19 Ordinance No. 7835-071tem # 5 Attachment number 1 Page 20 of 56 Limited Vehicle Sales and 5,000 50 35-- 0-- 0-- 10-- 4--5 spaces Display 100 15 10 20 n/a per 1,000 GFA Marinas and Marina 5,000 50 10-- 0-- 10-- 1 space per Facilities 25 15 n/a 10 20 2 slips Mixed Use 5,000 - 50- 35-- 0-- 0-- 0-- 30 Based upon 10,000 100 100 15 10 20 units/acre use requirements Nightclubs 5,000 50 35-- 0-- 0-- 10-- 10 per 1,000 100 15 10 20 n/a GFA 3--4 spaces per 1,000 GFA Offices 10,000 100 35-- 0-- 0-- 10-- 100 15 10 20 n/a 2.5 spaces per 1,000 SO FT of lot area or as Outdoor determined Recreation/Entertai n ment 5,000 50 35 5-- 0-- 10-- by the n/a 15 10 20 community development coordinator based on ITE Manual standards 10,000- 40 Overnight - 100-- 35-- 0-- 0-- 0-- Accommodations 20,000 150 100 15 10 20 rooms/acre 1 per unit 5,000-- 50-- 25-- 0-- 0-- 10-- 7--15 spaces Restaurants 10,000 100 100 15 10 20 n/a per 1,000 GFA Retail sales and services 5,000-- 50-- 35-- 0-- 0-- 10-- 4--5 spaces 10,000 100 100 15 10 20 n/a per 1,000 GFA *********** 20 Ordinance No. 7835-071tem # 5 Attachment number 1 Page 21 of 56 Flexibility Criteria: *********** E. Marinas and mMarina facilities. *********** L. Mixed use 1. Lot area and width: The reduction in lot area and lor width will not result in a buildinq which is out of scale with existinq buildinqs in the immediate vicinity of the parcel proposed for development. 2. Front setback: The reduction in front setback results in an improved site plan or improved desiqn and appearance. 3. Side and rear setback: a. The reduction in side and/or rear setback does not prevent access to the rear of any buildinq by emerqency vehicles. b. The reduction in side and/or rear setback results in an improved site plan, more efficient parkinq, or improved desiqn appearance and landscaped areas are in excess of the minimum required. 4. The increased heiqht results in an improved site plan, with landscapinq areas in excess of the minimum required or improved desiqn and appearance. 5. Off-street parkinq: ~ The physical characteristics of a proposed buildinq are such that the likely uses of the property will require fewer parkinq spaces per floor area than otherwise required or that the use of siqnificant portions of the buildinq are used for storaqe or other non- parkinq demand-qeneratinq purposes. !L Adequate parkinq is available on a shared basis as determined by all existinq land uses within one thousand (1,000) feet of the parcel proposed for development or parkinq is available throuqh any existinq or planned and committed parkinq facilities or the shared parkinq formula in Article 2, Division 14. Section 6. Article 2, Zoning Districts, Flexible standard development, Section 2- 902, is amended as follows: 21 Ordinance No. 7835-071tem # 5 Attachment number 1 Page 22 of 56 *********** Table 2-902. "D" Flexible Standard Development Standards Max. Min. Off-Street Use Height Parking (ft.) Accessory Dwellings n/a n/a Alcoholic Beverage Sales 30--50 3--5 per 1,000 GFA Attached Dwellings 30--50 1-1.5 per unit Convention Center 30-50 5 per 1,000 GFA Indoor Recreation/Entertai n ment 30--50 3--5 per 1,000 GFA Facility Mixed Use 30--50 Based upon use requirements Nightclubs 30--50 3--10 per 1,000 GFA Offices 30--50 1--3 per 1,000 GFA Overnight Accommodations 30--50 .75--1 per unit Parking Garages and Lots 50 n/a Parks and Recreation 1 per 20,000 SF or as determined by the Facilities 50 community development coordinator based on ITE Manual standards Places of Worship 30--50 .5--1 per 2 seats Public Transportation 10 n/a Facilities Restaurants 30--50 5--15 per 1,000 GFA Retail Sales and Service 30--50 2--4 per 1,000 GFA Sidewalk Vendors n/a n/a Social and Community 30--50 2--4 per 1,000 GFA Centers Utility/l nfrastructure Facilities n/a n/a Flexibility Criteria: *********** F. Mixed use 22 Ordinance No. 7835-071tem # 5 Attachment number 1 Page 23 of 56 1. Heiqht: The increased heiqht results In an improved site plan and/or improved desiqn and appearance; 2. Off-street parkinq: ~ The physical characteristics of a proposed buildinq are such that the likely uses of the property will require fewer parkinq spaces per floor area than otherwise required or the physical context, includinq adiacent buildinqs and uses are such that there is a hiqh probability that patrons will use modes of transportation other than the automobile to access the use; .!2. Adequate parkinq is available on a shared basis as determined by all existinq land uses within one thousand (1,000) feet of the parcel proposed for development or parkinq is available throuqh any existinq or planned and committed parkinq facilities or the shared parkinq formula in Article 2, Division 14. 3. Desiqn: The desiqn of all buildinqs complies with the Downtown District desiqn quidelines in Division 5 of Article 3. G~. Nightclubs. 1. Height: The increased height results in an improved site plan and/or improved design and appearance; 2. Off-street parking: a. The physical characteristics of a proposed building are such that the likely uses of the property will require fewer parking spaces per floor area than otherwise required or the physical context, including adjacent buildings and uses are such that there is a high probability that patrons will use modes of transportation other than the automobile to access the use; b. Adequate parking is available on a shared basis as determined by all existing land uses within 1,000 feet of the parcel proposed for development or parking is available through any existing or planned and committed parking facilities or the shared parking formula in Article 3, Division 14; 3. Design: a. All street frontage is designed and used for commercial purposes; b. The design of all buildings complies with the Downtown District design guidelines in Division 5 of Article 3. HG. Offices. 23 Ordinance No. 7835-071tem # 5 Attachment number 1 Page 24 of 56 1. Height: The increased height results in an improved site plan and/or improved design and appearance; 2. Off-street parking: a. Adequate parking is available on a shared basis as determined by all existing land uses within 1,000 feet of the parcel proposed for development, or parking is available through any existing or planned and committed parking facilities or the shared parking formula in Article 2, Division 14; b. The physical characteristics of a proposed building are such that the likely uses of the property will require fewer parking spaces per floor area than otherwise required or that the use of significant portions of the building will be used for storage or other non-parking demand-generating purposes. 3. Design: a. All street frontage is designed and used for commercial purposes; b. The design of all buildings complies with the Downtown District design guidelines in Division 5 of Article 3. 1M. Overnight accommodations. 1. Height: The increased height results in an improved site plan and/or improved design and appearance; 2. All street frontage is designed and used for commercial purposes; 3. Off-street parking: Adequate parking is available on a shared basis as determined by all existing land uses within 1,000 feet of the parcel proposed for development or parking is available through any existing or planned and committed parking facilities or the shared parking formula in Article 3, Division 14; 4. The design of all buildings complies with the Downtown District design guidelines in Division 5 of Article 3. .Jl Parking garages and lots. 1. The parcel proposed for development is not contiguous to land designated as residential in the Zoning Atlas; 2. Access to and from the parking garage or lot shall be based on the findings of a transportation analysis approved by the city; 3. The stacking spaces available for cars waiting to pass through a parking ticket dispenser or booth to enter the garage or lot shall be based on the design and size of the garage or lot; 24 Ordinance No. 7835-071tem # 5 Attachment number 1 Page 25 of 56 4. Any frontage along a public street is designed and improved to be similar in character and use to other uses and structures fronting on each street for a distance of 250 feet in either direction along the street or the nearest intersections, whichever is less; 5. Parking structures are designed, constructed and finished so that the structure of the garage is architecturally compatible with the design and character of adjacent principal uses; 6. The design of all buildings complies with the Downtown District design guidelines in Division 5 of Article 3. KJ. Parks and recreation facilities. 1. The proposed use is compatible with the surrounding properties. 2. Off-street parking is screened from adjacent parcels of land and any street by a landscaped wall or fence of at least four feet in height. 3. All outdoor lighting is designed so that no light fixtures cast light directly on adjacent land used for residential purposes. 4. Adequate parking is available on a shared basis as determined by all existing land uses within 1,000 feet of the parcel proposed for development, or parking is available through any existing or planned and committed parking facilities or the shared parking formula in Article 2, Division 14. 1K Places of worship. 1. Access: The use of the parcel proposed for development will not involve direct access to a major arterial street; 2. Height: a. The increased height results in an improved site plan, landscaping areas in excess of the minimum required and/or improved design and appearance; b. The increased height will not reduce the vertical component of the view from any adjacent residential property; 3. Off-street parking: The total number of off-street parking spaces including off-site parking spaces within 600 feet of the parcel proposed for development will be available on a shared basis to meet the peak period demands of the facility; 4. The design of all buildings complies with the Downtown District design guidelines in Division 5 of Article 3. Mi::. Public transportation facilities. 1. The public transportation facilities are not located within 1,000 feet of another public transportation facility unless necessary to serve established transit stops with demonstrated ridership demand; 25 Ordinance No. 7835-071tem # 5 Attachment number 1 Page 26 of 56 2. The public transportation facilities are designed, located and landscaped so that the structure of the facilities are screened from view from any residential use or land designated as residential in the Zoning Atlas; 3. Any lighting associated with the public transportation facilities is designed and located so that no light is cast directly on any residential use or land designated as residential in the Zoning Atlas; 4. The design of all buildings complies with the Downtown District design guidelines in Division 4 of Article 3. NM. Restaurants. 1. Height: The increased height results in an improved site plan and/or improved design and appearance; 2. All street frontage is designed and used for commercial purposes; 3. Off-street parking: a. The physical characteristics of a proposed building are such that the likely uses of the property will require fewer parking spaces per floor area than otherwise required or the physical context, including adjacent buildings and uses are such that there is a high probability that patrons will use modes of transportation other than the automobile to access the use; b. Adequate parking is available on a shared basis as determined by all existing land uses within 1,000 feet of the parcel proposed for development, or parking is available through any existing or planned and committed parking facilities or the shared parking formula in Article 3, Division 14. 4. The design of all buildings complies with the Downtown District design guidelines in Division 5 of Article 3. ON. Retail sales and service. 1. Height: The increased height results in an improved site plan and/or improved design and appearance; 2. Off-street parking: a. The physical characteristics of a proposed building are such that the likely uses of the property will require fewer parking spaces per floor area than otherwise required or the physical context, including adjacent buildings and uses are such that there is a high probability that patrons will use modes of transportation other than the automobile to access the use; b. Adequate parking is available on a shared basis as determined by all existing land uses within one thousand (1,000) feet of the parcel proposed for development or parking is available through any existing or planned and committed parking facilities or the shared parking formula in Article 2, Division 14; 3. The design of all buildings complies with the Downtown District design guidelines in Division 5 of Article 3. PG. Sidewalk vendors. 26 Ordinance No. 7835-071tem # 5 Attachment number 1 Page 27 of 56 1. The location of the sidewalk vendor does not impair pedestrian movement; 2. The land occupied by a sidewalk vendor is not designated or used for required off-street parking. Q-P.. Social and community centers. 1. The parcel proposed for development does not abut any property designated as residential in the Zoning Atlas. 2. Front setback: The reduction in front setback results in an improved site plan or improved design and appearance. 3. Side and rear setback: The reduction in side and/or rear setback is necessary to preserve protected trees and/or results in an improved site plan or more efficient design and appearance and results in landscaping in excess of the minimum required. RQ. Utility/infrastructure facilities. 1. Any above ground structure other than permitted telecommunication towers and utility distribution lines located on or along a rear lot line shall be screened from view by a landscaped opaque wall or fence which is at least two-thirds the height of the above ground structure and shall be landscaped with trees which will five years after installation substantially obscure the fence or wall and the above ground structure; 2. Any above ground structure other than permitted telecommunication towers and utility distribution lines located on or along a rear lot line shall be screened from view by a wall which is an extension of an architectural treatment of a principal building; 3. The design of all buildings complies with the Downtown District design guidelines in Division 5 of Article 3. Section 7. Article 2, Zoning Districts, Section 2-903, Flexible development, IS amended as follows: *********** Table 2-903. "D" District Flexible Development Standards Use Max. Height Min. Off-Street (ft. ) Parking Alcoholic Beverage Sales 30--100 3--5 per 1,000 GFA Attached Dwellings 30--100 1--1.5 per unit Determined by the community Comprehensive lnfill n/a development coordinator based on the Redevelopment Project specific use and/or ITE Manual standards Educational Facilities 30--100 4/1000 GFA Governmental Uses 30--100 3--5 per 1,000 GFA 27 Ordinance No. 7835-071tem # 5 Attachment number 1 Page 28 of 56 I ndoor Recreation/Entertainment 30--100 3--5 per 1,000 GFA Facility Limited Vehicle Sales and 30 2--4 per 1,000 GFA Display Marinas and ,lMarina Facilities 30 1 space per ~ slip~ Mixed Use 30--100 Based upon use requirements Nightclubs 30--100 3--10 per 1,000 GFA Offices 30--100 1--3 per 1,000 GFA Overnight Accommodations 50--100 .75--1 per unit Public Facilities 30--100 1--2 per 1,000 GFA Restaurants 30--100 5--15 per 1,000 GFA Retail Sales and Service 30--100 2--4 per 1,000 GFA Social/Public Service Agencies 30--100 3--4 per 1,000 GFA Refer to Telecommunication Towers Section 3- n/a 2001 Veterinary Offices, and or Animal 30 4 per 1,000 GFA Groominq and Boardinq Flexibility Criteria: *********** H. Marinas and marina facilities. I. Mixed use 1. Heiqht: The increased heiqht results In an improved site plan and/or improved desiqn and appearance; 2. Off-street parkinq: a. The physical characteristics of a proposed buildinq are such that the likely uses of the property will require fewer parkinq spaces per floor area than otherwise required or the physical context, includinq adjacent buildinqs and uses are such that there is a hiqh probability that patrons will use modes of transportation other than the automobile to access the use; b. Adequate parkinq is available on a shared basis as determined by all existinq land uses within one thousand (1,000) feet of the parcel proposed for development or parkinq is available throuqh any existinq or 28 Ordinance No. 7835-071tem # 5 Attachment number 1 Page 29 of 56 planned and committed parkinq facilities or the shared parkinq formula in Article 2, Division 14; 3. The desiqn of all buildinqs complies with the Downtown District desiqn quidelines in Division 5 of Article 3. Jl Nightclubs. 1 . Height: a. The parcel proposed for development is located to the west of Myrtle, south of Drew and north of Court; b. The increased height results in an improved site plan and/or improved design and appearance; 2. All street frontage is designed and used for commercial purposes; 3. Off-street parking: a. The physical characteristics of a proposed building are such that the likely uses of the property will require fewer parking spaces per floor area than otherwise required or the physical context, including adjacent buildings and uses are such that there is a high probability that patrons will use modes of transportation other than the automobile to access the use; b. Adequate parking is available on a shared basis as determined by all existing land uses within 1,000 feet of the parcel proposed for development or parking is available through any existing or planned and committed parking facilities or the shared parking formula in Article 3, Division 14. 4. The design of all buildings complies with the Downtown District design guidelines in Division 5 of Article 3. KJ. Offices. 1 . Height: a. The parcel proposed for development is located to the west of Myrtle, south of Drew and north of Court; b. The increased height results in an improved site plan and/or improved design and appearance; 2. All street frontage is designed and used for commercial purposes; 3. Off-street parking: Adequate parking is available on a shared basis as determined by all existing land uses within 1,000 feet of the parcel proposed for development, or parking is available through any existing or planned and committed parking facilities or the shared parking formula in Article 3, Division 14; 4. The design of all buildings complies with the Downtown District design guidelines in Division 5 of Article 3. 1K Overnight accommodations. 1 . Height: 29 Ordinance No. 7835-071tem # 5 Attachment number 1 Page 30 of 56 a. The parcel proposed for development is located to the west of Myrtle, south of Drew and north of Court; b. The increased height results in an improved site plan and/or improved design and appearance; 2. All street frontage is designed and used for commercial purposes; 3. Off-street parking: Adequate parking is available on a shared basis as determined by all existing land uses within 1,000 feet of the parcel proposed for development, or parking is available through any existing or planned and committed parking facilities or the shared parking formula in Article 3, Division 14; 4. The design of all buildings complies with the Downtown District design guidelines in Division 5 of Article 3; Mb. Public facilities. 1 . Height: a. The parcel proposed for development is located to the west of Myrtle, south of Drew and north of Court; b. The increased height results in an improved site plan and/or improved design and appearance; 2. All street frontage is designed and used for governmental customer service purposes or is designed and/or screened to contribute to an active urban street environment; 3. Off-street parking: a. The physical characteristics of a proposed building are such that the likely uses of the property will require fewer parking spaces per floor area than otherwise required or the physical context, including adjacent buildings and uses are such that there is a high probability that patrons will use modes of transportation other than the automobile to access the use; b. Adequate parking is available on a shared basis as determined by all existing land uses within 1,000 feet of the parcel proposed for development, or parking is available through any existing or planned and committed parking facilities or the shared parking formula in Article 3, Division 14. 4. The design of all buildings complies with the Downtown District design guidelines in Division 5 of Article 3. NM. Restaurants. 1 . Height: a. The parcel proposed for development is located to the west of Myrtle, south of Drew and north of Court; b. The increased height results in an improved site plan and/or improved design and appearance; 2. All street frontage is designed and used for commercial purposes; 3. Off-street parking: a. The physical characteristics of a proposed building are such that the likely uses of the property will require fewer parking spaces per floor area than otherwise required or the physical context, including adjacent buildings and uses are such that there is a high 30 Ordinance No. 7835-071tem # 5 Attachment number 1 Page 31 of 56 probability that patrons will use modes of transportation other than the automobile to access the use; b. Adequate parking is available on a shared basis as determined by all existing land uses within 1,000 feet of the parcel proposed for development, or parking is available through any existing or planned and committed parking facilities or the shared parking formula in Article 3, Division 14; 4. The design of all buildings complies with the Downtown District design guidelines in Division 5 of Article 3. ON. Retail sales and services. 1 . Height: a. The parcel proposed for development is located to the west of Myrtle, south of Drew and north of Court; b. The increased height results in an improved site plan and/or improved design and appearance; 2. Off-street parking: a. The physical characteristics of a proposed building are such that the likely uses of the property will require fewer parking spaces per floor area than otherwise required or the physical context, including adjacent buildings and uses are such that there is a high probability that patrons will use modes of transportation other than the automobile to access the use; b. Adequate parking is available on a shared basis as determined by all existing land uses within one thousand (1,000) feet of the parcel proposed for development, or parking is available through any existing or planned and committed parking facilities or the shared parking formula in Article 3, Division 14. 3. The design of all buildings complies with the Downtown District design guidelines in Division 5 of Article 3. PG. Social/public service agencies. 1 . Height: a. The parcel proposed for development is located to the west of Myrtle, south of Drew and north of Court. b. The increased height results in an improved site plan and/or improved design and appearance. 2. All street frontage is designed and used for customer service purposes or is designed and/or screened to contribute to an active street environment; 3. Off-street parking: a. The physical characteristics of a proposed building are such that the likely uses of the property will require fewer parking spaces per floor area than otherwise required or the physical context, including adjacent buildings and uses are such that there is a high probability that patrons will use modes of transportation other than the automobile to access the use. b. Adequate parking is available on a shared basis as determined by all existing land uses within 1,000 feet of the parcel proposed for development, or parking is available through any 31 Ordinance No. 7835-071tem # 5 Attachment number 1 Page 32 of 56 existing or planned and committed parking facilities or the shared parking formula in Article 3, Division 14. 4. The design of all buildings complies with the Downtown District design guidelines in Division 5 of Article 3. 5. The parcel proposed for development does not abut any property designated as residential in the Zoning Atlas. 6. The social/public service agency shall not be located within 1,000 feet of another social/public service agency. QP. Telecommunication towers. 1. No telecommunication tower is located on Clearwater Beach. 2. If the telecommunication tower is located within a scenic corridor designated by the City of Clearwater or a scenic noncommercial corridor designated by the Pinellas Planning Council, the applicant must demonstrate compliance with the design criteria in those designations. 3. The design and construction of the telecommunication tower complies with the standards in Article 3 Division 21. R. Veterinarv offices. and or animal GroominG and boardinG. 1. The parcel proposed for development is not contiquous to a parcel of land, which is desiqnated as residential in the Zoninq Atlas: 2. Boardinq of animals shall only be allowed if accessory to a veterinary office and/or qroom inq business: 3. The use of the parcel proposed for development does not involve animal confinement facilities that are open to the outside: 4. Animals may have supervised outdoor exercise but only between 7:00 a.m. - 9:00 p.m. In no case shall animals be left unsupervised while outdoors: 5. Accessory boardinq facilities shall contain waste control facilities and an air-handlinq system for disinfection and odor control: and 6. Desiqn: The desiqn of all buildinqs complies with the Downtown District desiqn quidelines in Division 5 of Article 3. *********** Section 8. Article 2, Zoning Districts, Development Standards, Section 2-1204, Flexible development, is amended as follows: *********** 32 Ordinance No. 7835-071tem # 5 Attachment number 1 Page 33 of 56 Table 2-1204. "I" District Flexible Development Min. Lot Min. Max. Use Area Lot Min. Setbacks (ft.) Height Min. Off-Street Width Parking (sq. ft.) (ft.) (ft. ) Front Side Rear Determined by the community Comprehensive lnfill development director based Redevelopment n/a n/a n/a n/a n/a n/a on the specific Project use and/or ITE Manual standards Marinas and Marina 5,000 50 15-- 10-- 0-- 30 1 per 2 slips Facilities 25 15 20 Social and 20,000 100 15-- 15-- 4--5 per 1000 Community Centers 25 10 20 50 GFA 10,000- Social/Public - 100 15-- 10 15-- 50 2--3 per 1,000 Service Agencies 20,000 25 20 GFA Refer to Telecommunication 10,000 100 25 10 20 Section n/a Towers 3-2001 *********** Section 9. Article 2, Zoning Districts, Development Standards, Section 2-1302, Minimum standard development, is amended as follows: *********** 33 Ordinance No. 7835-071tem # 5 Attachment number 1 Page 34 of 56 Table 2-1302. "IRT" District Minimum Standard Development Min. Lot Min. Max. Uses Area Lot Min. Setbacks Height Min. Off-Street Width (ft. ) Parking (sq. ft.) (ft. ) (ft. ) Front Side/ Rear Accessory Dwellings 5,000 50 20 15 50 1/unit Governmental Uses(1) 20,000 200 20 15 50 3/1,000 SF GFA Indoor 5/1 ,000 SF GFA Recreation/Entertai n ment( 4) 20,000 200 20 15 50 or 5/lane, 2/court or 1/machine Manufacturing 20,000 200 20 15 50 1.5/1,000 SF GFA Offices 20,000 200 20 15 50 3/1,000 SF GFA Outdoor Storage (accessory n/a n/a n/a n/a n/a n/a use )(2) 1 per 20,000 SF land area or as determined by Parks and Recreation n/a 10/20 the community Facilities n/a 25 50 development coordinator based on the ITE Manual standards Publishinq and Printinq 20,000 200 20 15 50 3/1,000 SF GFA Research and Technology 20,000 200 20 15 50 2/1,000 SF GFA Restaurants(3) 10,000 200 20 15 50 15 spaces per 1,000 SF GFA 1 per 20 units Self Storage 20,000 200 20 15 50 plus 2 for manager's office TV/Radio Studios 20,000 200 20 15 50 4/1000 SF GFA 34 Ordinance No. 7835-071tem # 5 Attachment number 1 Page 35 of 56 Vehicle Service 20,000 200 20 15 50 1.5/1,000 SF GFA Wholesale/Distri bution/ 20,000 200 20 15 50 1.5/1,000 SF Warehouse Facility GFA *********** (4) Indoor Recreation/Entertainment uses, when alone or added to existinq contiquous like uses, and when not part of a master development plan, shall not exceed five acres. This restriction applies when used in the Industrial Limited (Il) Countywide future land use plan cateqorv. Section 10. Article 2, Zoning Districts, Section 2-1303, Flexible standard development, is amended as follows: *********** Table 2-1303. "IRT" District Flexible Standard Development Min. Lot Min. Max. Min. Off- Uses Area Lot Min. Setbacks Height Street Width (ft. ) (sq. ft.) (ft.) (ft.) Parking Front* Side/ Rear Automobile Service Stations 20,000 100 20 15 30 4/1000 SF GFA Major Vehicle Service 20,000 100 20 15 30 4/1000 SF GFA Manufacturing 10,000 100 20 15 50 1.5/1,000 SF GFA Offices 20,000 200 20 15 50 3/1,000 SF GFA 1--10/1,000 SF Land Area or as determined Outdoor 40,000 200 by the Recreation/Entertai n ment 20 15 30 community development coordinator based on ITE Manual standards 35 Ordinance No. 7835-071tem # 5 Attachment number 1 Page 36 of 56 Outdoor Storage 10,000 100 20 15 30 3/1,000 SF GFA Parking Lots 10,000 100 20 15 n/a n/a Public Facilities 10,000 100 20 15 50 1--2 per 1,000 GFA Publishinq and Printinq 10,000- 100- 20 15 50 3/1 ,000 SF 20,000 200 GFA Public Transportation Facilities(1) n/a n/a n/a n/a 10 n/a Research and Technology 10,000 100 20 15 50 2/1,000 SF GFA Residential Shelters(2) 5,000 50 20 15 30 3/1,000 SF GFA Retail Sales and Services n/a n/a n/a n/a n/a n/a 5,000-- 50 - 7--15 Restaurants(5) 10,000 100 20 15 30 spaces per 1,000 GFA 1 per 20--25 10,000 100 units plus 2 Self Storage 20 15 50 for manager's office TV/Radio Studios 10,000 100 20 15 50 4/1000 SF GFA Utility/l nfrastructure Facilities(3) n/a n/a 20 15 n/a n/a Vehicle Sales/Displays and Major 40,000 200 1.5/1,000 SF 20 15 30 Lot Sales Vehicle Sales/Displays(4) Area Vehicle Service 10,000 100 20 15 50 1.5/1,000 SF GFA Veterinary Offices or Animal 10,000 100 20 15 30 5/1,000 SF Grooming GFA Wholesale/Distri bution/Warehouse 10,000 100 20 15 50 1.5/1,000 SF Facility GFA *********** Flexibility criteria: 36 Ordinance No. 7835-071tem # 5 Attachment number 1 Page 37 of 56 *********** J. Publishinq and printinq. 1. Lot area and width: The reduction in lot area and lor width will not result in a buildinq which is out of scale with existinq buildinqs in the immediate vicinity of the parcel proposed for development: 2. The parcel proposed for development is not contiquous to a parcel of land, which is desiqnated as residential in the Zoninq Atlas: and 3. All activities associated with the use of the parcel proposed for development shall be conducted within completely enclosed buildinqs. KJ. Research and technology. 1. All activities associated with the use of the proposed parcel for development shall be conducted within completely enclosed buildings. 2. All outdoor storage of goods, materials and products shall be in compliance with the provisions of Section 2-1303(F) below LK Residential shelters. 1. The parcel proposed for development does not abut a manufacturing, wholesale sales and service use; 2. The parcel proposed for development is located within 600 feet of a transit line; 3. The parcel proposed for development is not located within 1,500 feet of another residential shelter; 4. The parcel proposed for development is not contiguous to a parcel of land which is designated as residential in the Zoning Atlas. MI:::. Retail sales and services. 1. The parcel proposed for development is not contiguous to a parcel of land which is designated as residential in the Zoning Atlas; 2. The use of the parcel proposed for development will not involve direct access to a major arterial street; 3. The retail sales and service use is located in a building used for a minimum standard use in the district and the retail sales and service use occupies no more than ten percent of the floor area of the building; 4. The retail sales and service use is of a design and character that will primarily serve the employees or patrons of minimum standard uses in the district. NM. Restaurants. 1. The parcel proposed for development is not contiguous to a parcel of land which is designated as residential in the Zoning Atlas; 2. The use of the parcel proposed for development will not involve direct access to a major arterial street; 3. Off-street parking: a. The physical characteristics of a proposed multiple tenant building are such that the likely uses of the property will require fewer parking spaces per floor area than otherwise required 37 Ordinance No. 7835-071tem # 5 Attachment number 1 Page 38 of 56 or that the use of significant portions of the building will be used for storage or other non- parking demand-generating purposes; b. Adequate parking is available on a shared basis as determined by all existing land uses within 1,000 feet of the parcel proposed for development, or any parking is available through any existing or planned and committed parking facilities or the shared parking formula in Article 2, Division 14. 4. Fast food restaurants shall not be eligible for a reduction in the number of off-street parking spaces. 5. Lot area and width: The parcel proposed for development was an existing lot of less than 10,000 square feet and was not in common ownership with any contiguous property on May 1, 1998 or the reduction in lot area will not result in a building which is out of scale with existing buildings in the immediate vicinity of the parcel proposed for development. ON. Self storage. 1. The parcel proposed for development is not contiguous to a parcel of land which is designated as residential in the Zoning Atlas; 2. Access doors to individual storage units are located within a building or are screened from view from adjacent property or public rights-of-way by landscaped walls or fences located no closer to the property lines of the parcel proposed for development than five feet. PG. TV/radio studio. 1. All buildings are designed and located so that no building is closer than 100 feet from a parcel of land which is designated as residential in the Zoning Atlas or is used for residential purposes. 2. All satellite dishes and other telecommunication equipment other than permitted antennae are screened from view from any land which is designated as residential in the Zoning Atlas or is used for residential purposes. 3. All satellite dishes and other equipment other than permitted antennae are screened from view from the right-of-way of arterial roads. QP-. Utility/infrastructure facilities. 1. Any above ground structure other than permitted telecommunication towers and utility distribution lines located on or along a rear lot line shall be screened from view by a landscaped opaque wall or fence which is at least two-thirds the height of the above ground structure and shall be landscaped with trees which will five years after installation substantially obscure the fence or wall and the above ground structure. RQ. Vehicle sales and service. 1. The parcel proposed for development is not contiguous to a parcel of land which is designated as residential in the Zoning Atlas. SR Vehicle service. 1. The parcel proposed for development is not contiguous to a parcel of land which is designated as residential in the Zoning Atlas. 2. The use does not involve the overnight, outdoor storage of automobiles. 3. No more than two service bays front on a public street. 38 Ordinance No. 7835-071tem # 5 Attachment number 1 Page 39 of 56 IS.. Veterinary offices and animal grooming. 1. The parcel proposed for development is not contiguous to a parcel of land which is designated as residential in the Zoning Atlas; U+. Wholesale/distribution/warehouse facility. 1. The parcel proposed for development is not contiguous to a parcel of land which is designated as residential in the Zoning Atlas; 2. All activities associated with the use of the proposed parcel for development shall be conducted within completely enclosed buildings. 3. All outdoor storage of goods, materials and products shall be in compliance with the provisions of Section 2-1303(F). Section 11. Article 2, Zoning Districts, Section 2-1502, Flexible standard development, is amended as follows: *********** Table 2-150~~. "P" District Flexible Standard Development Standards Min. Lot Min. Max. Min. Off- Lot Use Size Width Min. Setbacks (ft.) Height Street (sq. ft.) (ft. ) (ft. ) Parking Front Side Rear Marinas 10,000 100 25 10 15 30 1/per 2 slip~ Outdoor 10,000 5/10,000 Recreation/Entertai n ment 100 25 10 15 30 sq. ft. Land ************ Section 12. Article 3, Development Standards, Section 3-804, Setback and height requirements, is amended as follows: Section 3-804. Setback and height requirements. The following setback and height requirements shall apply to all fences, and walls, except chain link fences. A. Front setback. Walls and fences located in front of a principal structure shall be permitted to a maximum height of 36 inches with the following exceptions: 39 Ordinance No. 7835-071tem # 5 Attachment number 1 Page 40 of 56 1. In the MDR and MHDR zoning districts, brick or other masonry walls or walls with masonry columns linked by substantial grill work shall be permitted to a maximum height of six feet in a required front setback area as a Level One+we (flexible standard development) approval. Such walls shall be architecturally compatible with the principal structure on the property and compatible with the surrounding properties. 2. In the HDR, MHP, C, T, D, 0, I, IRT, OSR, and P zoning districts, brick or other masonry walls or walls with masonry columns linked by substantial grill work shall be permitted to a maximum height of six feet in a required front setback. 3. Walls, no qreater than a maximum heiqht of six feet, shall be permitted for the perimeter of any residential subdivision located within any zoninq district. Such walls shall be architecturally compatible with the buildinq desiqn within the subdivision. 4.J.:- Landscaping requirements. Any fence or wall that exceeds three feet in height and is located within any required structural setback adjacent to a public right-of-way shall provide a three feet wide landscaped strip on the street side of the fence. ~ Side and rear setback areas. Fences and walls shall be permitted to a maximum height of six feet between the principal structure and any side or rear lot line. Such fences may be permitted up to eight feet in height, however, if located in the Industrial, Research, and Technology District ("IRT"). B. Side and rear setback areas. .1. Fences and walls shall be permitted to a maximum height of six feet between the principal structure and any side or rear lot line with the following exceptions: a. Fences and walls may be permitted up to eiqht feet in heiqht if located in the Industrial, Research, and Technoloqy District ("IRT"). b. Fences and walls may be permitted up to eiqht feet in heiqht in the Commercial District throuqh Level One, (Flexible Standard Development) approval to buffer uses with drive-thru facilities, vehicle sales/displays, automobile service stations, outdoor retail sales, display and/or storaqe and residential zoninq districts. If any fence is part of a Level Two review, the decision to approve the fence will be made by the Community Development Board. Section 13. Article 3, Development Standards, Section 3-805, Chainlink fences, IS amended as follows: ********* F. Vacant lots. In all zoninq districts except for the Downtown District, chainlink fences, clad with qreen or black vinyl, and other non-opaque fences are perm itted to secure any vacant lot or lot without a primary use and are subiect to all requirements of Section 3-805 above, with the exception to Section 3-805.B. Such fences shall be 40 Ordinance No. 7835-071tem # 5 Attachment number 1 Page 41 of 56 limited to a maximum heiqht of three feet in the front setback and six feet in the side and rear setback. Upon development of the vacant lot, any chain link fencinq shall be removed from the front setback. Section 14. Article 3, Development Standards, Section 3-903, Required setbacks, is amended as follows: Section 3-903. Required setbacks. A. Except for fences, walls, outdoor lightingJ..--aflG signs, minimum door landinq required by the Florida Buildinq Code, walkways leadinq to buildinq entrances, driveway access to qaraqes, and/or vehicular cross access (driveways), shared parkinq, and trash staqinq areas, no building or structure shall be permitted in a setback required by the applicable zoning district. Sidewalks shall be no qreater than 42 inches feet in width, nor qreater in width than that required by the Florida Buildinq Code. Section 15. Article 3, Development Standards, Section 3-1202, General landscaping standards, is amended as follows: *********** B.1. Minimum plant material standards: PLANT SIZE (at installation) QUALITY OTHER REQUIREMENTS a. Use of live oak (City tree) is encouraged, however species diversity is preferred over monoculture. Shade 10' height Florida b. Must be planted a minimum of Tree 2.5" caliper Grade #1 five feet from any impervious area. c. At least ten percent of the total number of trees shall be of a species which exhibits conspicuous flowering. 2 accent trees = 1 shade tree; Accent 8' height Florida unless overhead lines are Grade #1 unavoidable; no more than 25% Tree 2" caliper of required trees may be accent trees. Palm 10' clear and straight Florida Can be used to satisfy 75% of Tree trunk. Grade #1 tree requirements on Beach, 41 Ordinance No. 7835-071tem # 5 Attachment number 1 Page 42 of 56 Sand Key & Island Estates, 25% elsewhere in the City. Staggered clusters of 3 palm trees = 1 shade tree, except for specimen palm trees such as: phoenix canariensis (canary island date palm), phoenix dactylifera (edible date palm) and phoenix reclinata (senegal date palm), which count as shade trees on a 1 : 1 ratio. A.) 18--24" in height when used in a perimeter buffer - planted every 36", (measured from the center of the shrub) providing a 100% continuous hedge which will be 36", high and 80% Use of Hibiscus (City flower) is opaque 12 months from encouraged for non-required the time a certificate of Florida Shrubs occupancy is received Grade #1 landscape plantings, especially (excluding drives and for accent marking at entrances visibility triangles where and other points of high applicable) visibility. B.) 14--24" in height when used for interior - planted every 30"--36", respectively (measured from the center of the shrub) with a 3 gallon minimum Ground 1 gallon minimum - Florida Encouraged in lieu of turf to Cover planted a maximum of 24" Grade #1 reduce irrigation needs. D.C. Drought Turf areas should be consolidated and limited to areas Turf N/A tolerant of pedestrian traffic, recreation varieties and erosion control. Section 16. Article 3, Development Standards, Section 3-1205, Tree protection, IS amended as follows: 42 Ordinance No. 7835-071tem # 5 Attachment number 1 Page 43 of 56 *********** D. Tree and palm requirements and replacements. Tree and palm replacements Rep/acement of protected trees and palms. The replacement of protected trees and palms shall be in compliance with Section 3-1202(B)(1) and the following: *********** 1. Attached dwellinqs Multi family and commercial properties non-residential properties. The total amount of DBH removed from a multi-family or commercial non-residential site shall be replaced on an inch-for-inch basis. 2. Single-family detached dwellinq and two-family attached dwellinq properties. The following shall govern the minimum number of trees that shall be required on a single-family or two-family lot. This does not exclude compliance with Section 3 1205(B), Criteria for issuance of a removal permit, which may result in the number of trees in excess of the minimum required. *********** 5. Conditions and specifications. *********** b. Size. Replacement trees shall be in compliance with the size and qualitv standards set forth in Section 3-1202.B.1 . be minimum of four inches caliper providing for one inch DBH total replacement for each one inch caliper removed. Any number of trees may be utilized to meet the inch for inch requirement, provided that acceptable spacing and design are maintained. Replacement palms shall have a clear and straight trunk of ten feet Section 17. Article 3, Development Standards, Section 3-1407, Parking restrictions in residential areas, is amended as follows: *********** 2. Between principal structure and right-of-way. The following vehicles shall not be parked or stored, in whole or in part, in a front setback and/or forward of the buildinq line between any portion of the principal structure and any right-of- way line in a residential zoning district up to a maximum of two frontages: *********** 43 Ordinance No. 7835-071tem # 5 Attachment number 1 Page 44 of 56 Section 18. Article 3, Development Standards, Section 3-1803. L, Prohibited signs, is amended as follows: L. Signs located on publicly-owned land or easements or inside street rights-of- way, except (a) as allowed in Section 3-1805(W), (b) signs on transit shelters erected pursuant to Section 3-2203 and perm itted pursuant to Section 3- 1806(B)(4), (c) sandwich board signs to the extent permitted in the Downtown District pursuant to Section 3-1805(V) aAG-J. (d) as allowed in Section 3- 1806(A), and (e) as allowed in Section 3-1805.Z. Prohibited signs shall include but shall not be limited to handbills, posters, advertisements, or notices that are attached in any way upon lampposts, telephone poles, utility poles, bridges, and sidewalks. Section 19. Article 3, Development Standards, Section 3-1805, Signs permitted without a permit, is amended as follows: *********** Z. One 10 square-foot freestandinq siqn not more than 5 feet in heiqht or one 10 square foot attached siqn per City park or City recreation facility for the purposes of identifyinq a proqram provider or information concerninq proqrams at such park or recreation facility. The desiqn of any such siqns shall be approved by the Parks and Recreation Department. Section 20. Article 4, Development Review and Other Procedures, Section 4-202, Applications for development, is amended as follows: Section 4-202. Applications for development and approval. *********** A. Basic information required for all applications. All applications for development approval shall include the following information: *********** Section 4-202.A.9.i. i. Buildinq or structure E-~Ievation drawings for all Level One (flexible standard development) and Level Two approvals where the applicant is seeking approval of a residential infill project, unless waived or modified by the community development coordinator. *********** 44 Ordinance No. 7835-071tem # 5 Attachment number 1 Page 45 of 56 Section 4-202.A.11.x.,v., z., and aa. *********** x. Buildinq .e.~levation drawings for all Level One (flexible standard development) and Level Two approvals where the applicant is seeking approval of a residential infill project or a comprehensive infill redevelopment project, unless waived or modified by the community development coordinator. y. Floor plan typicals of buildinqs for all Level One (flexible standard development) and Level Two reviews. A floor plan of each floor is required for any parkinq qaraqe requirinq a Level One (minimum standard and flexible standard) or Level Two approval. ?:.y-. Type and location of all attached and freestanding signage for compliance with Article 3, Division 18, Signs. aa~. Tree inventory, prepared by a certified arborist, of all trees four inches DBH or more reflecting the size, canopy, and condition of such trees. *********** Section 4-202.A.23 23. In the event the application involves development where design standards are an issue, such as in the Tourist and Downtown Districts, or where the applicant is seeking approval of a residential infill project, comprehensive redevelopment project, comprehensive sign program or comprehensive landscaping plan, the applicant shall submit proposed elevation drawings. 2~4. An application for a permit for a seawall, bulkhead, groin, marina, dock, bridge or other similar marine structure shall be accompanied by detailed plans and specifications, prepared by a Florida professional engineer, bearing the seal and signature of the engineer, except signed and sealed plans shall not be required for the repair or replacement of decking, stringers, railing, lower landings, tie piles, or the patching or reinforcing of existing piling on private and commercial docks for which a city permit was originally issued. Prior to commencing construction or repair or replacement of any dock, pier or wharf, the applicant shall present to the building official evidence that the person who will carry out the proposed work holds a certificate of competency issued by Pinellas County. 2.1a. An application for a fence permit shall include the following: a. The applicant's name, mailing address, and telephone and facsimile, if any, number. 45 Ordinance No. 7835-071tem # 5 Attachment number 1 Page 46 of 56 b. The name of all legal and equitable owners of the parcel proposed for development, if different from the applicant. c. Street address of the parcel proposed for development. d. For all proposed development, a signed and sealed survey with the following information: i. Existing and proposed fences and landscaping. ii. The proposed height and materials of the proposed fence. 29.9. If approval of the application would result in the removal or relocation of mobile home owners residing in a mobile home park as provided in F.S. S 723.083, the application must provide information sufficient to show that adequate mobile home parks or other suitable facilities exist for the relocation of the mobile home owners. Mobile home owners shall be defined as those persons who own their coach but rent a lot space within the subject property and are subject to the provisions and protections provided for in F.S. Ch. 723. The application shall include the following information: *********** Section 21. Article 4, Development Review and Other Procedures, Section 4-303, Effect of Level One (flexible standard development) approval, is amended as follows: Section 4-303. Effect of level One (flexible standard development) approval. A Level One (flexible standard development) approval authorizes only the particular use approved and entitles the recipient to apply for a building permit or any other permit required by this Development Code, the city or regional, state or federal agencies. Such approval shall be evidenced by a written development order issued by the community development coordinator and shall be effective upon the date the development order is issued. Unless otherwise specified in the Level One (flexible standard development) approval, an application for a building permit shall be made within one year of the date of the Level One (flexible standard development) approval, and all required certificates of occupancy shall be obtained within two years of the date of issuance of the initial building permit. The permit must be obtained within six months of the initial permit application. This timeframe may be extended for an additional six months for cause by the community development coordinator. Permitted time frames do not change with successive owners and an extension of time may be granted by the community development coordinator for a period not to exceed one year and only within the original period of validity. The community development coordinator may approve an additional extension of time not to exceed one year for good cause shown and documented in writing. The coordinator must receive the request for this extension within the one-year period of validity after the original time extension. Good causes may include, but are not limited to, an unexpected national crisis (acts of war, significant downturn in the national economy, etc.), excessive weather-related delays, and the like. The community development coordinator may also consider whether significant progress on the project is 46 Ordinance No. 7835-071tem # 5 Attachment number 1 Page 47 of 56 being made and whether or not there are pending or approved Code amendments which would significantly affect the project. In the event a project is governed by a development agreement, the timeframes established in the agreement shall supercede these requirements. Section 22. Article 4, Development Review and Other Procedures, Section 4-407, Expiration of a Level Two approval, is amended as follows: Section 4-407. Expiration of a level Two approval. Unless otherwise specified in the approval, an application for a building permit shall be made within one year of the date of the Level Two approval, and all required certificates of occupancy shall be obtained within two years of the date of issuance of the initial building permit. The permit must be obtained within six months of the initial permit application. This timeframe may be extended for an additional six months for cause by the community development coordinator. Permitted time frames do not change with successive owners. An extension of time to initiate a building permit may be granted by the community development coordinator provided it is for a period not to exceed one year, is for the project originally approved and provided good cause is shown and documented in writing within the original period of validity. The community development coordinator may also consider whether significant progress on the project is being made and whether or not there are pending or approved Code amendments which would significantly affect the project. The community development board may approve one additional extension of time after the community development coordinator's extension to initiate a building permit application. Such extension shall not exceed one year, shall be for the project originally approved and shall be for good cause shown and documented in writing. The community development board must receive the request for this extension within the one-year period of validity after the original extension approved by the community development coordinator. Good causes may include but are not limited to an unexpected national crisis (acts of war, significant downturn in the national economy, etc.), excessive weather-related delays, and the like. In the event a project is governed by a development agreement, the timeframes established in the agreement shall supercede these requirements. The community development board may also consider whether significant progress on the project is being made and whether or not there are pending or approved Code amendments which would significantly affect the project. Amendments which will require no or minor amendments (as provided by section 4-406.A) may be approved. Amendments which will require a major revision to the subject project shall be required to be approved as part of a new Level Two application. Transfer of development rights are exempt from this provision. Section 23. Article 4, Development Review and Other Procedures, Section 4-606, Development agreements, is amended as follows: *********** B. Application requirements. In addition to the basic information required by section 4-202(A) and the fee required by section 4-202(E) an application for approval of a development agreement shall be accompanied by: 47 Ordinance No. 7835-071tem # 5 Attachment number 1 Page 48 of 56 1. A statement of the requested duration of the development agreement, which shall not exceed twenty teA-years. *********** Section 24. Article 4, Development Review and Other Procedures, Section 4-608, Neighborhood conservation overlay district, is amended as follows: *********** D. Designation process. 1. The process for the designation of a particular area as a neighborhood conservation district shall be commenced by a pre-application conference with the development services director community development coordinator and initiated by a petition signed by the owners of at least 60 percent of the real property within the area proposed for designation as a neighborhood conservation district which shall be filed with the community development coordinator. In addition to the petition, a list of at least 11 persons who have agreed to serve on a study committee, and proof of the existence, for at least the past two years, of an active homeowner's association with authority over the area proposed for designation as a neighborhood conservation district. *********** Section 25. Article 4, Development Review and Other Procedures, Section 4-1001, Sign Permit Purpose, and Section 4-1008, Comprehensive Sign Program process is amended and established as follows: Section 4-1001. Purpose. It is the purpose of this division to establish procedures for the review and approval of signsJ. and siqns as part of a Comprehensive Siqn Proqram, in accordance with the standards of Article 3, Division 18. Section 4-1008. Comprehensive SiQn ProQram. In accordance with Article 3, Division 18, Section 3-1807 Comprehensive siqn proqram, the procedures for review and approval follow here. A. Information reQuired for all applications. All applications for Comprehensive Siqn Proqram approval shall include the followinq information: 1. Leqal description of the property where the siqn is proposed to be located: 2. Name, address and telephone and facsimile number, if any, of the owner of the property where the siqn is proposed to be located: 48 Ordinance No. 7835-071tem # 5 Attachment number 1 Page 49 of 56 3. The name of the owner(s) representative or aqent and consultants, if any, with mailinq address, electronic mail address, telephone and facsimile, if any, number: and completed affidavit to authorize aqent form: 4. All street addressees) and parcel numbers of the parcel proposed for development: 5. Ownership: A copy of a deed to the property proposed for development, a copy of a title insurance policy or an affidavit attestinq to ownership: 6. A siqned and sealed survey of the property includinq the dimensions, acreaqe and location of the property prepared by a reqistered land surveyor showinq all current structures/improvements: 7. A site plan drawn to a minimum scale of one inch equals 50 feet on an overall sheet size not to exceed 24 inches by 36 inches and includinq the followinq: a. North arrow, scale (with bar scale) and date prepared: b. Location map: c. Show all property lines: d. Identification of watercourses, wetlands, tree masses and specimen trees, includinq description and location of under story, qround cover veqetation and wildlife habitats or other environmentally unique areas: e. Land areas expressed in square feet and acres: f. All required five-foot setbacks as measured from the property line: ~ Location of all public and private easements and street riqhts-of-way within and adjacent to the site: h. Location of all existinq and proposed points of access: I. The footprint and size of all existinq and proposed buildinqs and structures on the site: L Siqht visibility trianqles shown and labeled: k. Location of all existinq and proposed sidewalks: I. Lot frontaqe on all street riqhts-of-way: 49 Ordinance No. 7835-071tem # 5 Attachment number 1 Page 50 of 56 m. The location of all proposed landscape material includinq size and species; n. Location of all attached and freestandinq includinq directional siqnaqe, proposed and existinq, indicatinq with labels if to be removed; and o. Location of the siqn in relation to property lines, public riqhts-of-way, easements, buildinqs and other siqns on the property; 8. Siqn Plan, to include: a. Date prepared; b. Bar scale; c. To scale drawinqs, in color, of all proposed siqnaqe (attached, freestandinq, and directional siqns) which include the followinq: I. dimensions, with dimensional arrows; II. siqn area in square feet; III. heiqht and width of siqn and siqn structure, measured in feet; IV. labels of all colors; v. surface area of the siqn proposed; VI. text copy includinq the messaqe of the siqn; VII. chanqeable copy, if proposed; and VIII. describe any illumination includinq the type, placement, intensity, hours of illumination and system to automatically turn off liqhtinq when the business is closed, and siqn area to be illuminated. d. Buildinq elevation color drawinqs, to scale, for all sides of any buildinq with proposed and existinq attached siqnaqe; e. Master siqn plan for shoppinq centers and office parks, to include all slqns; f. Site data table, to include how all proposed siqns (existinq and new) meet code requirements, with a calculation worksheet; and g. Number, type, location and surface area of all existinq siqns on the same property and or buildinq on which the siqn is to be located; 9. Completed written responses to the Comprehensive Siqn Proqram criteria, set forth in Section 3-1807. 50 Ordinance No. 7835-071tem # 5 Attachment number 1 Page 51 of 56 B. Required submittal information for amended approvals. All applications for Comprehensive Siqn Proqram amended approval shall include the followinq information: 1. Section 4-1008 A., Items 1 - 5 and 9: 2. Applicable attachments dependinq on the proposed amendment includinq any site plan replacement sheets necessary to indicate all amendment details: 3. Applicable attachments dependinq on the proposed amendment includinq any siqn plan replacement sheets necessary to indicate all amendment details. 4. Written narrative explaininq the amendment. 5. Amendment fees, as applicable. C. Determination of Completeness. 1. Determination of completeness. Within seven workinq days after receipt of an application for Comprehensive Siqn Proqram approval, the community development coordinator shall determine whether the application is complete. a. Application complete. If the community development coordinator determines that the application is complete, he shall notify the applicant in writinq that the application has been accepted for filinq. b. Application not complete. If the community development coordinator determines that the application is not complete, he shall notify the applicant. specifyinq the deficiencies of the application. No further review shall occur until the application is deemed complete. The applicant shall have seven business days from the date of the incomplete letter to address all deficiencies or the application shall be deemed withdrawn. If deficiencies are addressed, the community development coordinator shall notify the applicant in writinq that the application has been accepted for filinq. D. Application and desiqn review. Upon determination that a Comprehensive Siqn Proqram application is complete, the community development coordinator shall review the application and determine whether the application demonstrates compliance with the requirements of the comprehensive siqn proqram set forth in Section 3-1807. Within ten workinq days of completeness, the community development coordinator may qrant approval, qrant the approval subiect to specified conditions or deny the application for comprehensive siqn proqram. The review period of ten days may be extended by mutual consent of the applicant and the community development coordinator to allow revised materials to be submitted and reviewed for compliance 51 Ordinance No. 7835-071tem # 5 Attachment number 1 Page 52 of 56 with the requirements of the comprehensive siqn proqram. Revised materials shall be submitted within the timeframe established by the community development coordinator but no more than 30 workinq days based on the extent of the deficiencies identified. If materials are not received within that timeframe, the application shall be deemed denied. If the resubmission material is submitted within the timeframe specified, the community development coordinator shall determine whether the resubmission materials demonstrate compliance with the comprehensive siqn proqram and shall either qrant the approval, approve with conditions or deny the application. E. Effect of Comprehensive Sian Approval. Comprehensive Siqn Proqram approval authorizes only the particular siqns approved and entitles the recipient to apply for a buildinq (siqn) permit. Such approval shall be evidenced by a written development order issued by the community development coordinator and shall be effective upon the date the development order is issued. Unless otherwise specified in the Comprehensive Siqn Proqram approval, an application for a buildinq (siqn) permit shall be made within one year of the date of the Comprehensive Siqn approval, and all siqns shall be installed and any conditions met within six months of issuance of a perm it. *********** Section 26. Article 4, Development Review and Other Procedures, Section 4-1201, Permit (Tree Removal) required, is amended as follows: No person may remove or cause to be removed any protected tree or palm without first having procured a permit as provided in this division. Except for the removal of hazardous trees with respect to disease, insect attack, danger of falling, proximity to existing or proposed structure and interference with utility services and those trees on single family and two family lots, no permit shall be granted unless it is part of an application for a Level One or Level Two approval and unless it is determined that the application complies with the criteria of Section 3 1205. Section 27. Article 8, Definitions and Rules of Construction, Section 8-102, Definitions, is amended as follows: *********** Community development board means the board established pursuant to Article 5 of this development code with authority to hear appeals of level one approvals, to review and decide level two approvals, and to review and recommend level three approvals to the city council commission. Pursuant to the Florida Statutes, Chapter 163, community development board also means "local planninq aqency". *********** 52 Ordinance No. 7835-071tem # 5 Attachment number 1 Page 53 of 56 Principal structure and riGht-ot-wav location means that area of land located between a riqht-of-way and the principal structure on the lot. *********** PublishinG and printinG means a facility primarily for the production of books, cataloqs, maqazines, tabloids, newspapers, circulars, business cards, forms, brochures, newsletters, labels and the like. *********** Seasonal Sales means a sale conducted durinq traditional holidays or seasons in which special items are sold. Only items traditionally considered as associated with the particular season, includinq plant materials and fireworks, are allowed to be sold and qeneral merchandise not associated with the seasonal sale such as tOYS, tools, clothinq, etc are prohibited from beinq sold as a seasonal sale item. *********** Section 28. Appendix A, Schedule of Fees, Rates and Charges, is amended as follows: *********** VIII. LAND DEVELOPMENT: There is hereby established the following fees and charges relating to review and processing of Level One, Level Two and Level Three applications: (1) Level One. (a) Minimum standard development applications. . ................... NQe Fee (b) Zoning verification letter. . ... ... ... ... ... ... ... ... ... ... ... ... ...$50.00$25.00 (c) Zoning interpretation letter and Release of Unity of Titles letter. . ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... .... ... ... ... ... ...150.00~ (d) Minor lot adjustment and Division of a Previously Platted Lot. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 1 50.00 (e) Flexible standard development--Detached dwellinqs and two attached dwellinqs - accessory uses/structures Single family and two family properties Accessoryuses/structures. ... ... ... ... ... ... ... ... ... ... 100.00~ (f) Flexible standard development--Detached dwellinqs and two attached dwellinqs. Single family and two family properties... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... .200.00100.00 (g) Flexible standard development--Attached dwellinqs, mixed uses and nonresidential uses Multi family and commercial properties. . ... ... ...475.00 53 Ordinance No. 7835-071tem # 5 Attachment number 1 Page 54 of 56 (h) Continuances requested by applicant of a DRC meeting. ... ... ... ..75.00 (i) Sidewalk cafe application: If proposed as accessory to an existing use. . . ... ... ... ... ... ... ... ... ... ...50.00 If part of a flexible or flexible standard application, no additional fee. Sidewalk cafe permit. . ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ..... 120.00 Due on or before October 1 of each year and shall cover the time period of October 1 through September 30 of the following calendar year. For a permit issued after October 1 and before September 30, the permit fee shall be prorated on a monthly basis. Any portion of a month shall be considered a full month for the purposes of calculating the prorated permit fee. (i)Comprehensive siqn proqram... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... AOO.OO (!sf) Minor amendment to approved comprehensive sign program, per application. . . ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ...150.00~ (Jk) Temporary use permit for seasonal sales. . ... ... ... ..... ... ... ... ... .250.00 (2) Level Two. (a) Flexible development--Detached dwellinqs, two attached dwellinqs and accessory uses/structures Single family and two family properties . . . ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ..300.00200.00 (b) Flexible development-Attached dwellinqs, mixed uses and nonresidential uses Multi family and commercial property. . ... ... ... 1,205.00 (c) Appeals to the community development board Residential . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 00.00 (d) Appeals to the community development board--Residential and nNonresidential. . . ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ..... ... ...250.00 (e) Appeals to hearing officer. . ... ... ... ... ... ... ... ... ... ... ... ... ... ... ....500.00 (f) Continuances requested by applicant of ~ DRe or CDB meeting/public hearing. . ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... 75.00 (g) Transfer of development rights (no additional charge if submitted with flexible development application) . . ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... .... 1,205.00 (h) Preliminary plat. ... ... ... ... ... ... ... ... ... ... ... ... .... ... ... ... ... ... ..... .600.00 (i) Minor revisions... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ...400.00 (3) Level Three. 54 Ordinance No. 7835-071tem # 5 Attachment number 1 Page 55 of 56 (a) Annexations (including land use map amendment and rezoning to categories com patible with the county designations) . . ................ No Fee (b) Land use map amendment. . ... ... ... ... ... ... ... ... ... ... ... ... ..... ...885.00 (c) Rezoning only... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... .... . ... ....775.00 (d) Continuances requested bv applicant of a DRC, COB, or city council commission meeting/public hearing. . ... ... ... ... ... ... ... ... ... ... ... ... .....75.00 (e) Development agreement ... ... ... ... ... ... ... ... ... ... ... ... . 1,500.00500.00 (f) Final plat. ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... .300.00 (g) Vested rights. ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... .500.00 Section 29. Article 3, Development Standards, Section 3-1807, Comprehensive sign program, is amended as follows: B. Permitted signage. 1. Signage which is proposed as part of a comprehensive sign program may deviate from the minimum sign standards in terms of number of signs per business or parcel of land, maximum area of a sign face per parcel of land and the total area of sign faces per business or parcel of land, subject to compliance with the flexibility criteria set out in 3-1807.C. A comprehensive sign program shall be approved pursuant to the provisions set out in Section 4-1008. as part of a Level One or Level Two approval, as the case may be. Prohibited signs in 3-1803 are not eligible for a comprehensive sign program. *********** Section 30. Amendments to the Land Development Code of the City of Clearwater (as originally adopted by Ordinance No. 6348-99 and subsequently amended) are hereby adopted to read as set forth in this Ordinance. Section 31. The City of Clearwater does hereby certify that the amendments contained herein, as well as the provisions of this Ordinance, are consistent with and in conformance with the City's Comprehensive Plan. Section 32. Should any part or provision of this Ordinance be declared by a court of competent jurisdiction to be invalid, the same shall not affect the validity of the Ordinance as a whole, or any part thereof other than the part declared to be invalid. Section 33. Notice of the proposed enactment of this Ordinance has been properly advertised in a newspaper of general circulation in accordance with applicable law. Section 34. This ordinance shall take effect immediately upon adoption, except that the provisions of Section 25 of this Ordinance shall take effect on March 1, 2008. 55 Ordinance No. 7835-071tem # 5 PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Approved as to form: Leslie K. Dougall-Sides Assistant City Attorney Frank V. Hibbard Mayor Attest: Cynthia E. Goudeau City Clerk Attachment number 1 Page 56 of 56 56 Ordinance No. 7835-071tem # 5 Meeting Date: 1/17/2008 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Adopt Ordinance 7906-08 on second reading,annexing certain real property whose post office address is 1509 Country Lane East into the corporate limits of the city and redefining the boundary lines of the city to include said addition. SUMMARY: Review Approval: 1) Clerk Cover Memo Item # 6 Attachment number 1 Page 1 of 1 ORDINANCE NO. 7906-08 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTY LOCATED ON THE EAST SIDE OF COUNTRY LANE EAST APPROXIMATELY 480 FEET SOUTH OF STATE ROAD 590, CONSISTI NG OF LOT 8, COUNTRY LANE, WHOSE POST OFFICE ADDRESS IS 1509 COUNTRY LANE EAST, INTO THE CORPORATE LIMITS OF THE CITY, AND REDEFINING THE BOUNDARY LINES OF THE CITY TO INCLUDE SAID ADDITION; PROVIDING AN EFFECTIVE DATE. WH EREAS, the owner of the real property described herein and depicted on the map attached hereto as Exhibit A has petitioned the City of Clearwater to annex the property into the City pursuant to Section 171.044, Florida Statutes, and the City has complied with all applicable requirements of Florida law in connection with this ordinance; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORI DA: Section 1. The following-described property is hereby annexed into the City of Clearwater and the boundary lines of the City are redefined accordingly: Lot 8, Country Lane, according to plat thereof recorded in Plat Book 43, Page 65, Public Records of Pinellas County, Florida (ANX2007 -09025) Section 2. The provisions of this ordinance are found and determined to be consistent with the City of Clearwater Comprehensive Plan. The City Council hereby accepts the dedication of all easements, parks, rights-of-way and other dedications to the public, which have heretofore been made by plat, deed or user within the annexed property. The City Engineer, the City Clerk and the Planning Director are directed to include and show the property described herein upon the official maps and records of the City. Section 3. This ordinance shall take effect immediately upon adoption. The City Clerk shall file certified copies of this ordinance, including the map attached hereto, with the Clerk of the Circuit Court and with the County Administrator of Pinellas County, Florida, within 7 days after adoption, and shall file a certified copy with the Florida Department of State within 30 days after adoption. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Frank V. Hibbard Mayor Approved as to form: Attest: Leslie K. Dougall-Sides Assistant City Attorney Cynthia E. Goudeau City Clerk Item # 6 Ordinance No. 7906-08 Meeting Date: 1/17/2008 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Adopt Ordinance 7907-08 on second reading, amending the future land use plan element of the Comprehensive Plan of the city to designate the land use for certain real property whose post office address is 1509 Country Lane East, upon annexation into the City of Clearwater, as Residential Low (RL). SUMMARY: Review Approval: 1) Clerk Cover Memo Item # 7 Attachment number 1 Page 1 of 1 ORDINANCE NO. 7907-08 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE FUTURE LAND USE PLAN ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY, TO DESIGNATE THE LAND USE FOR CERTAIN REAL PROPERTY LOCATED ON THE EAST SIDE OF COUNTRY LANE EAST APPROXIMATELY 480 FEET SOUTH OF STATE ROAD 590, CONSISTING OF LOT 8, COUNTRY LANE, WHOSE POST OFFICE ADDRESS IS 1509 COUNTRY LANE EAST, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS RESIDENTIAL LOW (RL); PROVIDING AN EFFECTIVE DATE. WHEREAS, the amendment to the future land use plan element of the comprehensive plan of the City as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's comprehensive plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The future land use plan element of the comprehensive plan of the City of Clearwater is amended by designating the land use category for the hereinafter described property, upon annexation into the City of Clearwater, as follows: Property Lot 8, Country Lane, according to plat thereof recorded in Plat Book 43, Page 65, Public Records of Pinellas County, Florida (ANX2007 -09025) Land Use Cateqorv Residential Low (RL) Section 2. The City Council does hereby certify that this ordinance is consistent with the City's comprehensive plan. Section 3. This ordinance shall take effect immediately upon adoption, contingent upon and subject to the adoption of Ordinance No. 7906-08. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Frank V. Hibbard Mayor Approved as to form: Attest: Leslie K. Dougall-Sides Assistant City Attorney Cynthia E. Goudeau City Clerk Item # 7 Ordinance No. 7907-08 Meeting Date: 1/17/2008 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Adopt Ordinance 7908-08 on second reading, amending the Zoning Atlas of the city by zoning certain real property whose post office address is 1509 Country Lane East, upon annexation into the City of Clearwater, as Low Medium Density Residential (LMDR). SUMMARY: Review Approval: 1) Clerk Cover Memo Item # 8 Attachment number 1 Page 1 of 1 ORDINANCE NO. 7908-08 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY ZONING CERTAIN REAL PROPERTY LOCATED ON THE EAST SIDE OF COUNTRY LANE EAST APPROXIMATELY 480 FEET SOUTH OF STATE ROAD 590, CONSISTING OF LOT 8, COUNTRY LANE, WHOSE POST OFFICE ADDRESS IS 1509 COUNTRY LANE EAST, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS LOW MEDIUM DENSITY RESIDENTIAL (LMDR); PROVIDING AN EFFECTIVE DATE. WHEREAS, the assignment of a zoning district classification as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's comprehensive plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following described property located in Pinellas County, Florida, is hereby zoned as indicated upon annexation into the City of Clearwater, and the zoning atlas of the City is amended, as follows: Property Lot 8, Country Lane, according to plat thereof recorded in Plat Book 43, Page 65, Public Records of Pinellas County, Florida (ANX2007 -09025) Zoninq District Low Medium Density Residential (LMDR) Section 2. The City Engineer is directed to revise the zoning atlas of the City in accordance with the foregoing amendment. Section 3. This ordinance shall take effect immediately upon adoption, contingent upon and subject to the adoption of Ordinance No. 7906-08. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Frank V. Hibbard Mayor Approved as to form: Attest: Leslie K. Dougall-Sides Assistant City Attorney Cynthia E. Goudeau City Clerk Item # 8 Ordinance No. 7908-08 Meeting Date: 1/17/2008 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Increase the award of contract with Quorum Services, Tampa, Florida, for building inspection and building plans review services to a total award of $250,000 through September 30, 2008; and that the appropriate officials be authorized to execute the same. (consent) SUMMARY: The City Manager awarded a contract in the amount of $100,000 to Quorum Services for building and inspection services through September 30, 2008. Inspection requirements have exceeded original expectations and approved budget. Quorum Services can provide on site personnel to handle multiple inspections per day required of larger projects and provide a "fill in" for City inspectors/disciplines who may be unavailable due to vacations, sick leave, etc. They can also handle weekend and nighttime inspections more consistently than our current staffing levels can accomplish. By having Quorum do these multiple inspections, our regular staff is free to address the varied workload that other jobs present. Quorum has proven itself to be reliable and competent. They are open to our quality control follow up inspections and easy to work with as we address a myriad of construction related issues. Their assistance has allowed us to keep the large projects running smoothly and on time. Recent economic conditions have demonstrated a need for additional staffing/scheduling on the large projects as they now have a tendency to be more aggressive. Our experience with a current project is requiring staffing 24 hours per day 7 days a week, Quorum is assisting us with this job site. Funding in the amount of $150,000 is available for this contract in the Development Services Department '08 operating budget. The balance of the contract in the amount of $100,000 will be provided by a first quarter budget amendment allocating the funds from General Fund retained earnings. It should be noted that in fiscal year 2006/07, the Development Services Department returned operating savings of approximately $108,000 to the General Fund reserves. Appropriation Code 0010014305303005240000000 Amount $250,000 Appropriation Comment Review Approval: 1) Clerk Cover Memo Item # 9 Meeting Date: 1/17/2008 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: A ward a contract (purchase order) to Office Depot, Tampa, Florida, in the amount of $750,000, for the purchase of miscellaneous office supplies during the contract period February 1,2008 through December 31, 2009 in accordance with Sec 2.564 (l)(d), Code of Ordinances - other governmental bid, and that appropriate officials be authorized to execute same. (consent) SUMMARY: Office supplies are utilized by all departments and are charged to the individual departmental budgets at the time the supplies are ordered. Future year budget requirements will be included in the City Manager's proposed Operating Budget. City departments will be authorized to purchase miscellaneous office supplies without further bid. Office machines and furniture may be purchased under this award, but require a minimum of three quotations to support the selection of Office Depot for the award. This contract is part of a national contract awarded by the City of Los Angeles, California for US Communities. The State of Florida has approved the award under Contract # 618-001-07 ACS. Type: Current Year Budget?: Purchase Yes Budget Adjustment: None Budget Adjustment Comments: Current Year Cost: Not to Exceed: For Fiscal Year: $225,000 Annual Operating Cost: Total Cost: to Appropriation Code 000-00000-141100-000 Amount $750,000 Appropriation Comment Inventory Code to be charged to departmental Operating Supplies codes. Bid Required?: No Bid Number: Other Bid / Contract: Fla St Contract 618-001-07 Bid Exceptions: Other Government Bid Review Approval: 1) Clerk Cover Memo Item # 10 Meeting Date: 1/17/2008 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Ratify and confirm the payment of $120,000, as full and final settlement of the claim of Edwooth Boles and accept insurance check in amount of $120,000 as reimbursement for settlement expenses, and authorize the appropriate officials to execute same. (consent) SUMMARY: This amount represents a settlement negotiated between the City's third party administrator and insurer of record for this workers' compensation claim. Mr. Boles is a former employee of the City of Clearwater who was injured on August 1, 1988. The City of Clearwater issued a check in the amount of $120,000 to Gallagher Bassett Services, and received 100 percent reimbursement from the City's insurer. Type: Current Year Budget?: Budget Adjustment Comments: Current Year Cost: Not to Exceed: For Fiscal Year: Operating Expenditure Yes Budget Adjustment: Yes $120,000 $120,000 2007 to 2008 Annual Operating Cost: Total Cost: $120,000 Appropriation Code 590-07000-545800-519-000- 0000 Amount $120,000 Appropriation Comment Bid Required?: Other Bid / Contract: Review Approval: 1) Clerk No Bid Number: Bid Exceptions: None Cover Memo Item # 11 Meeting Date: 1/17/2008 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Approve the Award of Bid 04-08 Installation of Gas Mains, Service Lines and Underground House Piping at Various Locations in the total amount of $981,780.00 (actual bid of $891,782.50) and approve a Purchase Order in the amount of $831,780.00 for the Installation of Gas Mains and Service Lines at Various Locations ($150,000.00 approved as an ITEM FOR RESALE by Managing Director and Executive Officer, Clearwater Gas System) to Florida Gas and Electric Corporation 8011 Land O'Lakes Boulevard Land O'Lakes, FL 34638 for the period February 1,2008 to January 31, 2009. (consent) SUMMARY: Florida Gas and Electric Corporation was the low bidder on Bid 04-08 Installation of Gas Mains, Service Lines and Underground House Piping at various locations with an actual bid of $891,782.50. Funding is available in Pasco New Mains and Service Lines 315-96378 and Pinellas New Mains and Service Lines 315-96377. Bid 04-08 included $126,750.00 in Underground House Piping which has been awarded as a RESALE ITEM Purchase Order in the estimated amount of $150,000.00 approved by the Managing Director and Executive Officer, Clearwater Gas System as customers are charged for Underground House Piping after the outlet side of the gas meter. All material required for this work is code approved and will be utilized to install or replace Gas Mains and Service Lines in the Clearwater Gas Distribution System. Type: Current Year Budget?: Capital expenditure Yes Budget Adjustment: None Budget Adjustment Comments: Current Year Cost: Not to Exceed: For Fiscal Year: 981,780.00 981,780.00 2007 to 2008 Annual Operating Cost: Total Cost: 981,780.00 981,780.00 Appropriation Code 315-96378 315-96377 Amount 687,250.00 294,530.00 Appropriation Comment Bid Required?: Other Bid / Contract: Yes Bid Number: Bid Exceptions: 04-08 None Review Approval: 1) Clerk Cover Memo Item # 12 Meeting Date: 1/17/2008 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: A ward a contract to Oakhurst Construction of Seminole, Florida, Bid 07 -00044PR, for the sum of $606,873.15 (which includes base bid, Alternate 6, 7 and 5% contingency), for the renovation of the Clearwater Beach Recreation Center to accommodate the Beach Library and authorize the appropriate officials to execute same; and funds of $216,873.15 be transferred from retained earnings of the general fund at first quarter to CIP 315-93265; and approve Alternate 1 for an additional $64,000 with additional funds coming from retained earnings. (consent) SUMMARY: On September 6, 2007 the City Council approved establishing a new Capital Improvement Project (CIP 315-93265) for $490,000 to renovate the Clearwater Beach Recreation Center to accommodate the functions of the Clearwater Beach Branch Library. The Beach Library has moved out of "Pelican Walk" and is currently operating out of a temporary trailer in the parking lot west of the recreation center. This is a priority project and staff is attempting to have the renovations completed as soon as possible in order to move the library from its temporary location to the recreation center no later than May 2008. This contract will provide for the demolition of certain areas and then the labor and materials to renovate the existing building to include an additional 1,200 square feet for the library, improved fitness room, storage and expanded kitchen area. Alternate 6 and 7 should have been included in the base bid and are necessary for the project. Alternate 6 provides a separate air conditioning system needed to protect the books in the Library. Alternate 7 provides additional millwork to construct the front counter area for the Library. In addition, staff is recommending an additional expenditure of $64,000 to complete Alternate 1, which would provide for upgrading the glazing to bring existing windows up to current code, flood proofing and provide additional windows in the multi- purpose room to take advantage of the waterfront views. It should be noted that if Alternate 1 is eliminated, Gilbert and Brothers is the lowest bid by $150.00. Funding of $390,000 is available in project 315-93265, Beach Library/Recreation Center Renovations. Additional funding of $280,873.15 will be transferred to this project at first quarter from general fund retained earnings to fund the remaining portion of this contract. Staff was first informed that there was a limit of $390,000 that could be used for building renovations due to FEMA regulations. However, since then staff has discovered that the FEMA regulations do not apply to this building since flood proofing had been provided. A copy of the contract is available in the Official Records and Legislative Services Department. Type: Current Year Budget?: Capital expenditure Yes Budget Adjustment: Yes Budget Adjustment Comments: Need additional funds of $280,873.15 ($216,873.15 to do base bid, Alternate #6 and #7 and 5% contingency and $64,000 for Alternate #1). Current Year Cost: $670,873.15 Annual Operating Cost: $0.00 Not to Exceed: $670,873.15 Total Cost: $670,873.15 Cover Memo For Fiscal Year: 2007 to 2008 Item # 13 Appropriation Code Amount Appropriation Comment 315-93265 $670,873.15 Existing $390,000 plus additional funding of $280,873.15 Bid Required?: Other Bid / Contract: Review Approval: 1) Clerk Yes Bid Number: 07- 00044PR Bid Exceptions: None Cover Memo Item # 13 ~ ~ 0 ~ ..... ~ C.I S QO 0 0 0 = N ... t"- '" ~ ..... -= ~ C.I .. = -< ~ ~ Z ~ ~ ~ >- I -< "'1' "'1' ~ 0 rJl 0 ~ I t"- ~ 0 ~ == E-- ~ E-- ~ Z E-- ~ -< U ~ Z ~ 0 ..... -< E-- -< ~ ~ U ~ ~ ~ ~ ~ ..... ~ t"- == 0 0 U N -< ..... ~ N ~ ~ ~ ~ ~ ~ E-- ~ -< ~ ~ U ~ -< ~ ~ >- ~ -< U ~ rJl ~ ~ ~ ..... ~ ~ 0 Z ~ 0 Z ..... ..... E-- Z -< ~ ~ ~ ~ 0 ~ ~ -< ..... E-- ~ 0 0 \0"1'"0 000 OO~ MOON 000 OO~ ~ 00"1'"~ MO~ 000 ........"1'"1.0 000 000'\ -< r--:O~ MO~ . . N 0\00\ r--:oO.n . . 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Z u ~ 0 ~ ~ 0 ~ ~ r-- o::l ...... ~ U Vl ~ ~ o::l U ~ 5 ~ r-- ~ ~ ~ ~ ~ ......l ~ r-- ~ ~ ~ o::l ~ g 0 0 ~ ~ u ~ t"- OO 0\ ('.1 "1'" .....::t:t: M ........ ........ ~ Attachment number 1 Page 1 of 1 ~ Vl ~ U 1--1 > ~ ~ Vl 5 1--1 E--< U ~ E--< Vl 5 U ~ ~ ~~ 0 6 0 ~ E--< ~ Vl ~ 0 E--<z ~ Uo ~ ~~ 1--1 ~~ ~ ~ ~ UE--< f~ ~ 5 ~ U 0 ffiz ~ ~ 01--1 ~~ < == ~ ~~ ~ 1--1 ~ ~^ >- rfJ ~ ~~ z ~ ~~~ 0 ~ I--IE--<~ < ~Vl ~ ~o'do'd 1--1 ON ~ Z Vl~ ~ ~ at # 13 ~ I--I~O ~ ~ ~O~ Meeting Date: 1/17/2008 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Award a Contract(Purchase Order)for $351,387.00 to Rush Truck Center of Tampa, FL for three (3) Peterbilt Model 320 Chassis in accordance with Sec. 2.564(1)(d), Code of Ordinances - Other governmental bid, authorize lease purchase under the City's Master Lease Purchase Agreement and authorize appropriate officials to execute same. (consent) SUMMARY: These trucks will be purchased through the Florida Sheriffs Association & Florida Association of Counties Contract # 07 -15-0827 and quote dated December 27, 2007. The trucks will replace G2306, G2307 and G2308 in lieu of G2420. Since G2420 (Front Loader) is capable of operating another year, G2308 is substituted due to condition and age. These trucks are included in the Garage CIP Replacement List for Budget year 07/08. The refuse bodies for these chassis will be purchased from a different vendor under a seperate purchase order. Estimated annual operating costs include debt costs of $77,710 and garage charges of $30,000. Appropriation Code 0316-94234-564100-519-000- 0000 Amount $351,387.00 Appropriation Comment LIP CIP Bid Required?: Other Bid / Contract: No FL Sheriffs & FL Counties Contract #07 -15-0827 Bid Number: Bid Exceptions: None Review Approval: 1) Clerk Cover Memo Item # 14 Meeting Date: 1/17/2008 City Council Agenda Council Chambers - City Hall SUBJECT I RECOMMENDATION: A ward a contract (Purchase Order) for $266,484.00 to Container Systems and Equipment of Daytona Beach, FL for three (3) Wayne Curbtender Automated Side Loader Bodies in accordance with Sec. 2.564(1)(d), Code of Ordinances - Other governmental bid, authorize lease purchase under the City's Master Lease Purchase Agreement and authorize appropriate officials to execute same. (consent) SUMMARY: These Refuse Bodies will be purchased through the Florida Sheriffs Association & Florida Association of Counties Contract #07- 15-0827 and quote dated December 10,2007. These Bodies will be attached to the Peterbilt chassis purchased under a separate Purchase Order and delivered to the City. These bodies are included in the Garage CIP Replacement List for Budget Year 07/08 and replace G2306, G2307 and G2308. G2308 will be replaced in lieu of the scheduled G2420 for FY07/08. These trucks will be used by Solid Waste to collect residential refuse. Estimated annual operating costs include debt costs of $58,940.00 and garage charges of $30,000.00. Type: Current Year Budget?: Purchase Yes Budget Adjustment: None Budget Adjustment Comments: Current Year Cost: Not to Exceed: For Fiscal Year: $58,940.00 Annual Operating Cost: Total Cost: $30,000.00 $266,484.00 2007 to 2008 Appropriation Code 0316-94234-564100-519-000- 0000 Amount $266,484.00 Appropriation Comment LIP CIP Review Approval: 1) Clerk Cover Memo Item # 15 Meeting Date: 1/17/2008 City Council Agenda Council Chambers - City Hall SUBJECT I RECOMMENDATION: Approve the Declaration of Cooperation of the Tampa Bay Nitrogen Management Consortium of the Tampa Bay Estuary Program. (consent) SUMMARY: The Tampa Bay National Estuary Program has identified restoration of submerged seagrass beds in Tampa Bay as a top priority goal and an indicator of sustained recovery of the Tampa Bay Estuary. The seagrass is among the most important habitats because it serves as shelter, nursery, and food source for a diverse variety of species and stabilizes the bay bottom. The key to restoring the seagrass is improving and maintaining adequate water clarity that allows light to penetrate into the shallow waters where seagrasses grow. And the key to maintaining water clarity is preventing excessive nitrogen - a nutrient necessary for plant growth - from entering the bay and stimulating the growth of microscopic algae that cloud the water and prevents light from reaching the seagrasses. The City of Clearwater holds EP A/FDEP National Pollution Discharge Elimination System (NPDES) permits for regulated discharges into Tampa Bay of wastewater treatment plant effluent and municipal stormwater that contribute to the total nitrogen "load" on Tampa Bay. As environmental stewards of Tampa Bay, the City participates with the NEP on both the Policy Committee and a unique publiclprivate partnership known as the Tampa Bay Nitrogen Management Consortium (NMC) to develop a comprehensive conservation and management plan to restore and protect the natural resources of Tampa Bay. Additionally, in 1998 the City was a signatory of "A Resolution of the Tampa Bay Nitrogen Management Consortium Adopting the 1995-1999 Nitrogen Management Action Plan and Committing to its Implementation." The Declaration of Cooperation of the Tampa Bay Nitrogen Management Consortium attachments include History of Tampa Bay National Estuary Program (NEP) and Nitrogen Management Consortium (NMC); the 2007 Reasonable Assurance Update; and November 6, 2007, letter to the NEP from the United States Environmental Protection Agency (EP A). The "Resolution of the Tampa Bay Nitrogen Management Consortium Adopting the 1995-1999 Nitrogen Management Action Plan and Committing to its Implementation" was signed by the City of Clearwater in 1998. The Florida Department of Environmental Protection (FDEP), EP A, NMC and other NEP partners want to continue the success of the collaborative nitrogen management strategy spearheaded by the NEP and NMC. At the same time the regulated members of the Consortium recognize the duties of FDEP and EP A to administer the environmental regulations for which they are responsible, and that regulatory agencies may not issue discharge permits without limitations that ensure compliance with the total maximum nitrogen load recognized by EP A. The "Declaration of Cooperation" is the commitment of the NMC to work together over the next 18 months to provide FDEP with an updated Reasonable Assurance Document based upon an Assessment and Allocation Report. Each NMC member pledges to participate in the funding of the report at a cost not to exceed $5000 per member. The partners commit further to develop an equitable allocation of responsibility for achieving nitrogen reduction targets. The amount of nitrogen discharge allocated to each municipal and industrial facility will take into consideration expected growth in population and! or demand. The NMC members accept that the agreed upon allocations of nitrogen load, after being accepted in final form by FDEP and EP A, will be the basis for future permitting of discharges from municipal and industrial facilities. Sufficient funding is available in the FY07/08 WPC and Stormwater Maintenance operating budget to provide up to $5,000 of these costs. 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' I ;'ill- Ii !'~ r 'II II , ~; .~.... ,\ , - i' 'I I- I' I, ,I~ I ,1 i r " , 11:1 .. ! ." __,II~ II, ~ , I ~O. I" ,. . ' ~ ., " \ 11f1 11'1 II ~ , II ':, I' 1,1' !; ,,1 !-. Attachment number 1 Page 24 of 25 i< ~...". .. -- "... Item # 16 Attachment number 1 Page 25 of 25 ~ If..ntF .'"i1 ii. o.<<! Item # 16 ~~ - A.a.lll" _ _____-"-;;;.L ~:&._.L..__....I...-_______.__ _........":;.._u...._..ii~.._____....l::......____ Countersigned: FLORIDA CITY OF CLEARWATER, By: WILLIAM B. HORNE II City Manager Attachment number 2 Page 1 of 1 FRANK V. HIBBARD Mayor Date: Date: Attest: CYNTHIAE.GOUDEAU City Clerk Approved as to form: LESLIE K. DOUGALL-SIDES Assistant City Attorney Item # 16 Attachment number 3 Page 1 of 45 Approved by the Tampa Bay Nitrogen Management Consortium December 20, 2007 1 DECLARATION OF COOPERATION OF THE TAMPA BAY NITROGEN MANAGEMENT CONSORTIUM SUSTAINING THE RECOVERY OF THE TAMP A BAY ESTUARY From the uppermost reaches of Old Tampa Bay and Hillsborough Bay to the mouth of the bay at Egmont Key, the Tampa Bay estuary is made up of a variety of habitats where fish and other wildlife find shelter and food. They range from lush underwater beds of seagrasses, to tidal marshes and mangrove swamps. Abundant and healthy habitats are critical to the health of the bay. Without them, Tampa Bay would lack the diversity of fish, birds and other wildlife that contribute to the natural wonder of the region and is essential to its economic vitality. Environmental scientists who advise the Tampa Bay Estuary Program agree that submerged seagrass is among the most important habitats because it serves as shelter, nursery, and food source for a diverse variety of species and stabilizes the bay bottom. Restoration of seagrass habitat is the top priority goal of the Estuary Program. The key to restoring seagrass is improving and then maintaining adequate water clarity that allows light to penetrate into the shallow waters of the bay where seagrasses grow. And the key to maintaining water clarity is preventing excessive nitrogen - a nutrient necessary for plant growth - from entering the bay and stimulating the growth of microscopic algae that cloud the water and prevents light from reaching the seagrasses. Water clarity in Tampa Bay declined markedly in the 1950s, 60s, and 70s as rapid population growth led to increased discharges of partially treated sewage with large amounts of nitrogen. Algae blooms and fish kills were common and almost 50% of seagrass in the bay died off as a result of insufficient light. Unregulated dredge and fill operations contributed to the problem by further clouding the water. The year 1979 marked a turning point in the condition of the bay when the City of Tampa upgraded the Howard F. Curren Plant at Hookers Point to advanced wastewater treatment which increased nutrient removal and sharply reduced the amount of nitrogen being discharged into the bay. Across the bay, the City of St. Petersburg pioneered the country's first large-scale reclaimed wastewater program, reclaiming water for irrigation of lawns and golf courses rather than discharging it into the bay. The quality of bay waters responded quickly to the sharp reduction in nitrogen loading. Concentrations of chlorophyll - an indicator of the amount of algae suspended in the water - dropped dramatically in all major segments of the bay between 1982 and 1984. In Hillsborough Bay alone, the average chlorophyll concentrations fell from 37 units of chlorophyll in 1982 to 13 units in 1984. Seagrasses responded more slowly to the improving water clarity, but expanded to 25,200 acres by 1990 from a low point of21,600 acres in 1982. Item # 16 Attachment number 3 Page 2 of 45 Approved by the Tampa Bay Nitrogen Management Consortium December 20, 2007 2 The Tampa Bay National Estuary Program (NEP) was established in 1991 to help local governments, agencies, and other stakeholders in the Tampa Bay area develop a plan to sustain the recovery of Tampa Bay. The NEP partners adopted a Comprehensive Conservation and Management Plan in December 1996 that included measurable goals for restoring seagrasses and related targets for reducing nitrogen discharges to the bay. The parties unanimously adopted a "hold the line" target on nitrogen discharges that capped the load at a level that would ensure adequate water clarity and light to sustain seagrass recovery. Local government and agency partners in the NEP reinforced their commitment to achieving the goals through an Interlocal Agreement adopted in 1998. In August 1996, the NEP's governmental partners joined with key industries in the Tampa Bay region to create a unique public/private partnership known as the Tampa Bay Nitrogen Management Consortium for the express purpose of developing a Consortium Action Plan to meet the "hold the line" target. The original Action Plan consisted of more than 100 proj ects which collectively reduced or precluded nitrogen discharges to the bay by an estimated 134 tons/year between 1995 and 1999. The Action Plan, entitled Partnership for Progress, was the core of a larger nitrogen management strategy that included: the baywide seagrass restoration/preservation goal; chlorophyll and nitrogen reduction targets for each major bay segment; apportionment of responsibility for meeting the nitrogen reduction targets; and a process to track whether the targets were being met. In November 2002, the Florida Department of Environmental Protection (FDEP) concluded that the Tampa Bay Estuary Program's nitrogen management strategy provided reasonable assurance that the state water quality criteria for nutrients would be met. The U.S. Environmental Protection Agency (EP A) in the meantime continues to recognize a 1998 action by FDEP that proposed a total maximum load of nitrogen that could be discharged to the bay annually and still meet state standard water quality criteria. Both FDEP's reasonable assurance determination and the total maximum nitrogen loading recognized by EP A are based on statistical modeling and data analyses done by the Estuary Program and its partners. The remarkable recovery of the Tampa Bay ecosystem after decades of decline is unprecedented among urban estuaries worldwide. The rebound in water quality and ecological health of the bay is even more remarkable in light of the strong population growth during the recovery period. FDEP, EP A, the Consortium and other partners in the Estuary Program want to continue the success of the collaborative nitrogen management strategy spearheaded by the Estuary Program and the Consortium. At the same time the regulated members of the Consortium recognize the duties ofFDEP and EPA to administer the environmental regulations for which they are responsible and that FDEP and EP A may not issue discharge permits without limitations that ensure compliance with the total maximum nitrogen load recognized by EP A. Item # 16 Attachment number 3 Page 3 of 45 Approved by the Tampa Bay Nitrogen Management Consortium December 20, 2007 3 It is in the interest of all stakeholders to continue this successful approach to bay management and avoid a potential free-for-all of administrative challenges and lawsuits in which no one benefits and which risk derailing twenty-five years of progress toward the bay's recovery. To help ensure continued recovery of vital seagrass habitat and the successful nitrogen management strategy that makes it possible, local governments, agencies, and industry members of the Nitrogen Management Consortium declare their intent to work together over the next 18 months to provide FDEP with an updated reasonable assurance document, ensuring that state water quality criteria for nutrients will continue to be met in the bay. The partners commit further to develop an equitable allocation of responsibility for achieving nitrogen reduction targets as well as the total maximum loading of nitrogen to each major bay segment. The amount of nitrogen discharge (i.e. load) allocated to each municipal and industrial facility will take into consideration expected growth in population and/or demand for manufactured products. The Consortium partners accept that the agreed-upon allocations of nitrogen load will be the basis for future permitting of nitrogen discharges from municipal and industrial facilities. Additional background on the history and documentation of the Tampa Bay nitrogen management strategy may be found in Exhibit "A". The commitment of Consortium members to update the reasonable assurance document is provided in greater specificity below. MEMBERS OF THE TAMP A BAY NITROGEN MANAGEMENT CONSORTIUM SPECIFICALLY DECLARE THEIR INTENT TO COOPERATE AS FOLLOWS TO ENSURE CONTINUING RECOVERY OF THE TAMPA BAY ESTUARY: Section 1: The Consortium hereby approves the 2007 Update to Reasonable Assurance Document attached as Exhibit "B" which documents reasonable progress toward bay segment- specific nutrient targets and seagrass restoration goals adopted by the Tampa Bay Estuary Program (formerly the NEP) and approved by FDEP; and Section 2: Members of the Consortium pledge to participate in developing a 2009 Reasonable Assurance Document that includes revised allocations by major bay segment to categories of nonpoint sources of nitrogen (categorical load allocations -- LA) and to specific wastewater facilities and Municipal Separate Storm Sewer Systems (facility-specific wasteload allocations -- WLA) (Table 4 in Exhibit "B"). The cumulative total nitrogen load for all wasteload allocations (WLA) and load allocations (LA) will not exceed the assimilative capacity for a bay segment, as defined in the federally-recognized TMDL for Tampa Bay (Table 3 of Exhibit "B"). The revised allocations will be technically supported by an Assessment and Allocation Report; and Item # 16 Attachment number 3 Page 4 of 45 Approved by the Tampa Bay Nitrogen Management Consortium December 20, 2007 4 Section 3: The Consortium will submit the 2009 Reasonable Assurance Document to FDEP by July 31,2009, which will include a request that FDEP approve continued implementation of the Tampa Bay nitrogen management strategy as reasonable assurance that potential impairment of designated uses related to nutrients in Tampa Bay are and will continue to be adequately addressed through 2012; and Section 4: The Consortium will develop and implement a set of guiding principles in order to fairly and equitably establish waste load allocations for affected entities, including new or expanded discharges due to growth; and it will include in the 2009 Reasonable Assurance Document a resolution signed by Consortium members accepting the revised load allocations established for Consortium members and acknowledging that the facility-specific wasteload allocations will be adopted by FDEP as Water Quality-Based Effluent Limitations; and Section 5: The Consortium pledges to continue to identify and implement projects to achieve the cumulative nitrogen management targets for Tampa Bay; and Section 6: FDEP will conduct an initial assessment of Reasonable Progress based on actual loads to each bay segment and will defer the evaluation of facility-specific loadings until July 2009 to allow TN load allocations to individual permitted sources and to categories of nonpoint sources to be developed and finalized for inclusion in the 2009 Reasonable Assurance Document addressing nutrient management in Tampa Bay major bay segments. Under this approach, FDEP would acknowledge that Reasonable Progress is being achieved as long as the Consortium's efforts to revise the allocations remain on schedule, pursuant to Florida Administrative Code 62-303.600; and Section 7: The Consortium acknowledges that FDEP will use interim wasteload allocations to establish effluent limits for permits that come up for renewal before July 2009. The interim wasteload allocations will be based upon the most recent loading information available, taking into account recent growth and variability in discharge due to rainfall and other factors. Section 8: To encourage voluntary efforts which further the attainment of the adopted nitrogen reduction/management goals, FDEP and the Southwest Florida Water Management District agree to exercise reasonable flexibility within the framework of their rules and regulations, including serious consideration of petitions for variances from applicants, in processing permit applications for projects implementing the Tampa Bay nitrogen management strategy. The U.S. EPA finds the Consortium's recommendations to develop preliminary and final reasonable assurance documents including nitrogen wasteload allocations for permitted facilities combined with FDEP's permitting strategy to be acceptable (Exhibit "C"); and Item # 16 Attachment number 3 Page 5 of 45 Approved by the Tampa Bay Nitrogen Management Consortium December 20, 2007 5 Section 9: Consistent with the Consortium's consensus approach, each member pledges to participate in funding the Assessment and Allocation Report to develop technically-sound, equitable allocations. The estimated total cost of $100,000 will be shared equally among Consortium members at a cost not to exceed $5,000 per member to be paid by January 31, 2008 or as soon thereafter as possible. To ensure the accuracy and completeness of the Assessment and Allocation Report and the Estuary Program's Action Plan Data Base, each member of the Consortium further pledges to provide the Estuary Program and the contractor responsible for preparing the Assessment and Allocation Report with information and data necessary to adequately describe the member's nitrogen reductions projects and to provide documentation supporting the estimated nitrogen reductions where additional documentation is necessary. This Declaration shall take effect upon the last date of Execution. Item # 16 Attachment number 3 Page 6 of 45 Approved by the Tampa Bay Nitrogen Management Consortium December 20, 2007 6 EXHIBIT" A" Historv: Tampa Bav NEP and Nitro2:en Mana2:ement Consortium The Tampa Bay National Estuary Program (NEP) was established in 1991 to facilitate development of a clean-up and restoration plan for the 400 square-mile Tampa Bay estuary. The NEP is governed by a Policy Board (formerly the "Policy Committee") consisting of elected officials from the cities of Tampa, St. Petersburg, and Clearwater, the counties of Hills borough, Pinellas, and Manatee, and appointees from the U.S. Environmental Protection Agency, the Florida Department of Environmental Protection, and the Southwest Florida Water Management District Governing Board. In December 1996, the NEP Policy Board of the Tampa Bay NEP unanimously adopted a Comprehensive Conservation and Management Plan (CCMP) for Tampa Bay known as Charting the Course. The CCMP includes measurable goals for improving water quality and restoring fish and wildlife habitats vital to the health and productivity of the bay. The NEP involved local government and agency partners together with industry, environmental groups, and other stakeholders in developing the community-based plan for bay restoration Restoration of vital seagrass habitat was then and is still the keystone goal of the CCMP. The key to seagrass recovery is improving water clarity to allow enough light to reach the shallow bottom of the bay to stimulate natural regrowth of seagrasses. And the key to maintaining water clarity is to reduce the amount of nitrogen entering the bay. Excessive loads of nitrogen cloud bay water by stimulating the growth of microscopic algae that in turn prevent light from reaching seagrasses rooted on the bay bottom. When adopted in 1996, the original CCMP included a goal of recovering 12,350 acres of seagrass that would be reached by capping nitrogen loading to the bay at the average 1992-1994 level. "Holding the line" on nitrogen loading required additional projects that reduced or precluded an average of 17 tons/year of nitrogen loading or 85 tons/year at the end of every 5-year period. This load reduction is needed to offset the estimated increase in nitrogen load resulting from the projected population growth in the bay area. In August 1996, local governments and agencies comprising the Tampa Bay NEP Management Committee joined with key industries in the Tampa Bay region to create a unique public/private partnership known as the Tampa Bay Nitrogen Management Consortium. The purpose of the Consortium is to cooperatively develop a plan of action (the Consortium Action Plan) to meet the 85 ton/year nitrogen reduction target for 1995-1999. In March 1998, the local governments and non-federal agencies represented on the TBNEP Policy Board entered into an Interlocal Agreement adopting the goals and priorities of the CCMP and defining the responsibilities of the parties including the development of action plans to achieve the CCMP goals. The US Army Corps of Engineers executed a joinder to the Interlocal Agreement and the US EP A executed a separate Memorandum of Understanding setting forth their commitments to the implementation of the CCMP. Article 4.4 of the Interlocal Agreement includes a commitment from Consortium members who are also Parties to the Interlocal Agreement (the Policy Board members) to incorporate appropriate elements of the Consortium Item # 16 Attachment number 3 Page 7 of 45 Approved by the Tampa Bay Nitrogen Management Consortium December 20, 2007 7 Action Plan into their own Action Plans. Also in March 1998, the first Consortium Action Plan (for the years 1995-1999) was finalized and approved by the Consortium members. The Consortium Action plan includes project summaries (existing and future) and estimated nitrogen load reductions submitted by the Consortium partners, and a Resolution signed by the Consortium members adopting the 1995- 1999 Nitrogen Management Action Plan and committing to its implementation. In addition to the commitment from the government partners of the Interlocal Agreement as noted above, the non-governmental members of the Consortium pledged to exercise their best efforts to implement in a timely manner, either individually or in cooperation with other Consortium members, the projects they offered to undertake as part of the Consortium Action Plan. Federally-reC02nized TMDL for Tampa Bay In 1998, FDEP submitted a TMDL for nitrogen for Tampa Bay to USEP A Region 4 as was required by the federal Clean Water Act. USEPA approved the submitted TMDL on June 18, 1998. The TMDL is based on the 1992-1994 annual average total nitrogen loading to major bay segments, as estimated by TBNEP. The TMDL also includes an "allocation" to major sources, which is also based on the 1992-1994 nitrogen loading to each bay segment as estimated by TBNEP (Janicki and Wade 1996). Comments in the TMDL note that "The TMDL is based on an adopted five year nitrogen management strategy to "hold the line" at existing annual nitrogen loadings to each segment of the bay in order to protect and restore seagrass meadows" and "The nitrogen load targets were developed for the major bay segments and not individual sources. This allows flexibility in the way the loads are controlled." The 1998 federally-recognized TMDL allocations (in tons/year) are shown in Table 1. Note that these are not loading reductions, but total nitrogen loadings. The loading estimates are from the estimated loads in 1992-1994 (Janicki and Wade 1996). EP A considers the assimilative capacity of each bay segment to be the total TMDL load to that segment (e.g., 486 tons/year for Old Tampa Bay, etc). Item # 16 Attachment number 3 Page 8 of 45 Approved by the Tampa Bay Nitrogen Management Consortium December 20, 2007 8 Table 1. Existing conditions (1992-1994) annual total nitrogen loadings by source and bay segment. Source: Federally-recognized TMDL document for nutrients in Tampa Bay, 1998. Atmospheric 227 115 306 288 deposition Point sources 85 300 78 1 Material losses 0 233 0 24 Nonpoint sources 174 596 415 36 Groundwater and 0 207 0 0 s nn s TOTAL 486 1451 799 349 Tampa Bav Reasonable Assurance The Florida State 1999 legislative session produced a TMDL bill, called the Florida Watershed Restoration Act, which establishes the TMDL process for the state. A provision approved in the Watershed Restoration Act recognizes that: . If existing pollution control programs including the National Estuary Program or the Everglades restoration are deemed sufficient to achieve water quality compliance, no TMDL calculation is required. Pursuant to the Florida Watershed Restoration Act, TBEP and the Consortium developed and submitted a Reasonable Assurance document to FDEP in 2002, based on the Consortium's Action Plan. The document provided FDEP with a complete description of the Tampa Bay nitrogen management strategy and enabled FDEP to conclude in November 2002, that "the nitrogen management plan developed by TBEP for Tampa Bay provides reasonable assurance that impairment of designated uses related to nutrients in Tampa Bay will be adequately addressed." Based on the submitted documentation, FDEP concluded that "there is sufficient reasonable assurance that: 1). Completed and proposed management actions in the nitrogen management plan will result in the continued attainment of the narrative nutrient criteria within Tampa Bay, and 2). Reasonable progress towards continued attainment of the narrative nutrient criteria and associated designated uses will be made through 2007, which is the year when the next 303( d) list of impaired waters for Tampa Bay is due to be submitted to the Environmental Protection Agency (EPA)." (letter to H. Greening from D. Joyner, dated November 5,2002). Item # 16 Attachment number 3 Page 9 of 45 Approved by the Tampa Bay Nitrogen Management Consortium December 20, 2007 9 EXHIBIT "B" Tampa Bay Nitrogen Management Strategy 2007 Update to Reasonable Assurance Document The Tampa Bay Estuary Program and the Tampa Bay Nitrogen Management Consortium submitted the "Tampa Bay Watershed Management Summary" to the Florida Department of Environmental Protection (FDEP) on July 29,2002. The purpose of that document (called the "2002 Tampa Bay Reasonable Assurance Document") was to summarize the nitrogen management plan developed by the TBEP for Tampa Bay and to outline the underlying scientific basis for the plan. The document was formatted to facilitate its use in demonstrating reasonable assurance that designated uses of water body segments within the Tampa Bay basin which are designated as potentially impaired for nutrients pursuant to Chapter 62-303, F.A.C. will be maintained or restored. The document also provided a basis for designation of alternative site- specific thresholds that more accurately reflect conditions beyond which an imbalance of flora and fauna may occur. In November 2002, the FDEP Bureau of Watershed Management concluded that "the nitrogen management plan developed by TBEP for Tampa Bay provides reasonable assurance that impairment of designated uses related to nutrients in Tampa Bay will be adequately addressed." The basis for the FDEP determination is outlined in Attachment 2007-1. The purposes of this document, the Tampa Bay Nitrogen Management Strategy 2007 Update to Reasonable Assurance Document (2007 RA Update) are 1) to provide an update on implementation of the Tampa Bay Nitrogen Management Strategy; 2) to provide adequate documentation to allow FDEP a finding of Reasonable Progress pursuant to Florida Administrative Code 62-303.600; and 3) to request an extension of the determination that the Strategy will continue to provide reasonable assurance that the Strategy will adequately address impairment of designated uses related to nutrients in Tampa Bay. The 2007 RA Update will be followed with a 2009 Reasonable Assurance document by July 31, 2009, which will include TN loading allocations to categories of nitrogen sources by major bay segment, and facility-specific and MS-4 specific allocations within each major bay segment. Documented load reductions from permitted and non-permitted projects undertaken or planned will be incorporated into the allocation process. The format of this 2007 Reasonable Assurance Update follows that provided in the draft "Guidance for Development of Documentation to Provide Reasonable Assurance that Proposed Pollution Control Mechanisms will Result in the Restoration of Designated Uses in Impaired Waters" provided by FDEP in February 2002. For each element, the July 2002 documentation is included, followed by the 2007 Update documentation. Item # 16 Attachment number 3 Page 10 of 45 Approved by the Tampa Bay Nitrogen Management Consortium December 20, 2007 10 1. Description of the Waterbody 2002 RA: The Tampa Bay estuary is located on the eastern shore of the Gulf of Mexico in Florida. At 882 km2, it is Florida's largest open water estuary. More than 2 million people live in the 5700 km2 watershed, with a 20% increase in population projected between 2002 and 2010. Land use in the watershed is mixed, with about 40% of the watershed undeveloped, 35% agricultural, 16% residential, and the remaining commercial and mining. Major habitats in the Tampa Bay estuary include mangroves, salt marshes and submerged aquatic vegetation. Between 1950 and 1990, an estimated 40-50% of the seagrass acreage in Tampa Bay was lost due to excess nitrogen loading and related increases in algae concentration, causing light limitation to seagrass survival and growth. In 1980, all municipal wastewater treatment plants were required to provide Advanced Wastewater Treatment (A WT) for discharges directly to the bay and its tributaries. In addition to the significant reductions in nitrogen loadings from municipal wastewater treatment plants, stormwater regulations enacted in the 1980s also resulted in reduced nitrogen loads to the bay. Estimates for average annual total nitrogen loadings to Tampa Bay for 1976 are more than 2.5 times as high as current (1999) estimates. A key focus of the TBEP has been to establish nitrogen loading targets for Tampa Bay to encourage seagrass recovery. In 1996, local government and agency partners in the TBEP approved a long-term goal to restore 95% of the seagrass coverage observed in 1950. Also in 1996, the Tampa Bay Nitrogen Management Consortium (NMC) was formed. The NMC includes local governments and agencies participating in the TBEP, and phosphate companies, electric utilities and agricultural interests in the Tampa Bay watershed. These entities have pledged to work cooperatively in a voluntary, non-regulatory framework to assist with the maintenance of nitrogen loads to support seagrass restoration in Tampa Bay. 2007 Update: Data and observations from Tampa Bay indicate that initial efforts to reduce nitrogen loading and the continuing efforts of the TBEP and NMC partners are resulting in adequate water quality for the expansion of seagrasses. Time series plots show that, with the exception of the 1995-96 and 1998 El Nino years, 2003-2004 in Old Tampa Bay, and 2005 in Lower Tampa Bay, chlorophyll a targets have been met in all four major bay segments since 1994 (Figure 1; Attachment 2007-2). In 2006, both chlorophyll a and light attenuation targets were met in all four bay segments for the first time since records began in 1974. Actions taken to address exceedances in 2003-2005 are described in Section 5. Figure 1 a-d on following pages. Annual average chlorophyll a concentration in each of the four major bay segments, 1974-2006. The solid line represents the TBEP-adopted management target. The upper dotted line represents a "large magnitude difference" from the TBEP chlorophyll a target in each bay segment. The large magnitude difference values are the chlorophyll a thresholds FDEP will use as indicators of impairment, and are the designated alternative site-specific thresholds adopted by FDEP in 2002. Data source: EPCHC Item # 16 Attachment number 3 Page 11 of 45 Approved by the Tampa Bay Nitrogen Management Consortium December 20, 2007 11 Figure I-a. Old Tampa Bay mean annual chlorophyll a concentration. Figure 1.b. Hillsborough Bay mean annual chlorophyll a concentration. Item # 16 Attachment number 3 Page 12 of 45 Approved by the Tampa Bay Nitrogen Management Consortium December 20, 2007 12 v-~'l'>~>':~t..;'::>~1 ;;)~~)~; ~~~ ~~'lo/<~-:;'''-:~~'''.~/:.~ ~~b~'~1', Figure I.e. Middle Tampa Bay mean annual chlorophyll a concentration. ht;.:: ! F^~If~'",:~~~'<)~:} F( t (,b~:;:.:-.I~ '::-.-*{t:lM~~~~#!-.$J, ~~~ I~ ; ),.~ ~ h0 ,)~. ~Y,!'~ ~ Figure Ld. Lower Tampa Bay mean annual chlorophyll a concentration. Item # 16 Attachment number 3 Page 13 of 45 Approved by the Tampa Bay Nitrogen Management Consortium December 20, 2007 13 Seagrass acreage in Tampa Bay observed in 2002, 2004 and 2006 showed a similar pattern, with seagrass acreage increasing on a baywide basis (Figure 2; Attachment 2007-3). Seagrass acreage in Tampa Bay in 2006 was the highest recorded since 1950. 0' 30 o o T"'"~ 25 >< - In 20 Q) I.. ~ 15 10 5 o Tampa Bay Seagrass Acreage Estimates 45 40 35 1950 1982 1988 1990 1992 1994 1996 1999 2001 2004 2006 Year Figure 2. Baywide seagrass acreage estimates, 1950 through 2006. The adopted long-term goal (red line on the graph) is a total of 38,000 acres baywide. Data source: Southwest Florida Water Management District. 1.a. Name: 2002 RA: This document addresses the four major bay segments of Tampa Bay: Hillsborough Bay, Old Tampa Bay, Middle Tampa Bay and Lower Tampa Bay. Each bay segment includes between two and four individual waterbody segments (WBIDs) as defined in FDEP's 305(b) Report. 2007 Update: No change. Figure 3 shows the delineation of the four major bay segments as defined by TBEP. Figure 4 shows the delineation ofFDEP's WBIDs for Tampa Bay. Item # 16 Attachment number 3 Page 14 of 45 Approved by the Tampa Bay Nitrogen Management Consortium December 20, 2007 14 A Figure 3. Four major bay segments of Tampa Bay (Old Tampa Bay, Hillsborough Bay, Middle Tampa Bay and Lower Tampa Bay) and three smaller segments (Boca Ciega Bay, Terra Ciea Bay and Manatee River). Item # 16 Attachment number 3 Page 15 of 45 Approved by the Tampa Bay Nitrogen Management Consortium December 20, 2007 15 Figure 4. FDEP-defined WBIDs in Tampa Bay. Note that the northern portion ofWBID 1558BZ in Lower Tampa Bay is identified as located in the Boca Ciega Bay segment by the Nitrogen Management Consortium. This difference will be addressed as an element of the adopted assessment and allocation process outlined in Section 3.f. Item # 16 Attachment number 3 Page 16 of 45 Approved by the Tampa Bay Nitrogen Management Consortium December 20, 2007 16 1.b. Location of the waterbody and watershed: 2002 RA: Please refer to Attachments A-I and A-2. 2007 Update: No change. 1.c. Watershed/8-digit cataloging unit code: 2002 RA: 03100206 Tampa Bay and coastal areas 2007 Update: No change. 1.d. Type (lake, stream or estuary) of water: 2002 RA: Estuary 2007 Update: No change. 1.f. Water use classification: 2002 RA: Class II, Class III Class II waters in Tampa Bay are defined in Attachment B (F.A.C. 62-302.400). Class III: Recreation, Propagation and Maintenance of a Healthy, Well-Balanced Population of Fish and Wildlife. Applies to all remaining portions of the waterbody not designated as Class II. 2007 Update: No change. 1.g. Designated use of waterbody: 2002 RA: All of Hillsborough Bay, Old Tampa Bay, Middle Tampa Bay and Lower Tampa Bay are designated for the propagation and maintenance of a healthy, well-balanced population of fish and wildlife (also referred to as "Aquatic Life Use Support" or ALUS). Several FDEP- defined WBIDs are identified in the 2002 draft Verified List of Group 1 waterbodies in Tampa Bay as not meeting ALUS due to nutrient impairment. Such impairment is based on monitoring chlorophyll a relative to generic, statewide criteria developed under the Impaired Waters Rule (IWR), Chapter 63-303, F.A.C. However, all bay segments currently meet the site specific chlorophyll a targets established by the TBEP, which are based on many years of directed study and research within the major segments of Tampa Bay. Note that three of the four of these targets are actually lower (i.e., more stringent) than IWR thresholds (refer to Section 2.a.). Note that this document does not address Class II shellfish harvesting impairment due to fecal coliforms. For additional information, please refer to Attachment C. Item # 16 Attachment number 3 Page 17 of 45 Approved by the Tampa Bay Nitrogen Management Consortium December 20, 2007 17 2007 Update: As noted above, TBEP-adopted chlorophyll a targets in 2002,2003,2004 and 2005 were met in three of the four major bay segments, and all targets in all four major bay segments were met in 2006 (Figure 1; Attachment 2007-2). Actions taken to address exceedances in 2003-2005 are described in Section 5. 1.h. Area of the waterbody: 2002 RA: The total surface area of the four major bay segments in Tampa Bay is 882 km2 (approximately 341 square miles). 2007 Update: No change. 1.i. Pollutant(s) of Concern: 2002 RA: The pollutant of concern has been identified as Total Nitrogen, which has been determined to be the limiting nutrient in Tampa Bay. Elevated nitrogen loading has been demonstrated to lead to excess algal growth (as indicated by chlorophyll a concentrations), which in turn leads to reduced light penetration and loss of seagrass in the bay. 2007 Update: No change. 1.j. Suspected or documented sources of pollutant of concern: 2002 RA: 1995-1998 average for all four bay segments combined: Stormwater 62% Direct Atmospheric Deposition 21 % Domestic Wastewater 8% Groundwater and Springs 4% Industrial Wastewater 4 % Fertilizer Terminal Losses 1 % For additional information, please refer to Attachment D. 2007 Update: 1999-2003 average for all four bay segments combined: Stormwater 63% Direct Atmospheric Deposition 21 % Domestic Wastewater 9% Groundwater and Springs 3% Industrial Wastewater 3 % Fertilizer Terminal Losses 1 % For additional information, please refer to Attachment 2007-4. Item # 16 Attachment number 3 Page 18 of 45 Approved by the Tampa Bay Nitrogen Management Consortium December 20, 2007 18 The 1999-2003 nitrogen loading update was completed in 2005 (Attachment 2007-4). The next scheduled and budgeted TBEP nitrogen loading update is planned for 2009-2010 (for the years 2004-2008). However, to allow the FDEP designation cycle for Group 1 including Tampa Bay (every 5 years; 2002,2007,2012, etc) and the TBEP cycle of updated loadings to come into sync, at the request ofTBEP, FDEP is funding an effort to update the Tampa Bay estimated and measured existing loadings (TN, TP and TSS) to bay segments from all sources for the years 2004,2005,2006 and 2007. This effort will provide the most recent information available for calculation of point source, MS4s, atmospheric deposition, non-permitted sources and groundwater and springs TN loading, for inclusion in the allocation process. The updated TN loadings will be included in the 2009 RA Update. 2. Description of Water Quality or Aquatic Ecological Goals 2.a. Water quality-based targets or aquatic ecological goals 2002 RA: The TBEP and its partners (see Section 3.a.) have adopted a goal of restoring seagrass in Tampa Bay to 95% of the areal extent estimated to have occurred in 1950. The adopted minimum seagrass areal extent goal is 38,000 acres of seagrass baywide. This goal includes the protection of existing 24,840 acres (1999 estimate) and restoration of an additional 13, 160 acres. The TBEP and its partners have also adopted chlorophyll a targets for Tampa Bay based on the light requirements of the seagrass species Thalassia testudinum (turtlegrass). The average annual chlorophyll a targets for each major bay segment are: Old Tampa Bay 8.5 ug/L Hillsborough Bay 13.2 ug/L Middle Tampa Bay 7.4 ug/L Lower Tampa Bay 4.6 ug/L The IWR threshold for potential nutrient impairment based on chlorophyll a levels is 11 ug/L. Based on modeling results, it appears that light and chlorophyll levels can be maintained at the TBEP target levels noted above by "holding the line" at average annual nitrogen loadings estimated for 1992-1994. However, increases in the watershed's human population and associated 7% increase in nitrogen loading are projected to occur over the next 10 years. These expected increases are addressed by the adoption by the TBEP and Nitrogen Management Consortium (NMC) partners of a 17 ton per year reduction target for total nitrogen, necessary to offset expected increases in TN loading and maintain TN loading rates at average annual rates for 1992-1994. See Attachment E for a summary of the technical aspects of the goal-setting process, and Attachment F for supporting documentation. Item # 16 Attachment number 3 Page 19 of 45 Approved by the Tampa Bay Nitrogen Management Consortium December 20, 2007 19 2007 Seagrass update: In January 2002, SWFWMD seagrass maps showed that seagrass had increased by 1,237 acres baywide over 1999 estimates. By January 2004, seagrass acreage had increased an additional 946 acres (Attachment 2007-3), and by January 2006, another increase of 1,297 acres was recorded, resulting in the highest observed acreage estimate (28,321 acres baywide) since 1950 (Figure 2). The adopted seagrass areal extent goal ofa total of38,000 acres includes protection of the existing 28,321 acres (2006 estimate) and restoration of an additional 9,679 acres. Estimated seagrass extent has increased by 3,480 acres since 1999 (the estimate available for the 2002 RA submittal). 2007 Chlorophyll a update: In the letter accepting the Tampa Bay Nitrogen Management Strategy as providing Reasonable Assurance for Tampa Bay water segments (Attachment 2006- 1), FDEP stated that they will use the TBEP-defined "large magnitude difference thresholds" (expressed as annual averages and defined in TBEP Technical Report # 04-00, Attachment 0-1) rather than the chlorophyll a management targets listed above, as indicators of impairment for future assessments of water segments in Tampa Bay. These are: Old Tampa Bay 9.3 ug/l Hillsborough Bay 15.0 ug/l Middle Tampa Bay 8.5 ug/l Lower Tampa Bay 5.1 ug/l 2.b. Averaging Period: 2002 RA: The TBEP uses annual average bay segment chlorophyll a levels for tracking water quality targets. See Attachment F: TBEP Technical Reports #06-96,06-01 and 07-01. 2007 Update: No change. 2.c. How will goals result in restoration of impaired designated uses: 2002 RA: Maintaining chlorophyll a concentrations at target levels is expected to result in the maintenance of water clarity levels adequate to support eventual seagrass expansion to depths observed in1950, thereby ensuring that nutrient levels do not result in an imbalance in the flora or fauna of Tampa Bay. See documentation in Attachment F, particularly TBEP Technical Reports # 06-96 and 10-01. 2007 Update: No change. 2.d. Procedures to determine whether additional corrective actions are needed. 2002 RA: In 2000, a "decision matrix" process was developed by the TBEP Technical Advisory Committee and approved by the TBEP Management and Policy Boards to help determine if seagrass goals and water quality targets are remaining "within bounds," or if management action is required to get back on track. Recommended types of management actions if the process indicates deviation from targets are also identified. This process is applied on an annual basis to determine if water clarity and chlorophyll a concentrations are remaining at or near target levels. Item # 16 Attachment number 3 Page 20 of 45 Approved by the Tampa Bay Nitrogen Management Consortium December 20, 2007 20 2007 Update: No change. The decision matrix process has been applied on an annual basis since 2000. The 2006 application of the decision matrix (Figure 5; Attachment 2007-2) shows that both chlorophyll a and light attenuation targets were met in all four major bay segments for the first time since records began in 1974. Item # 16 Attachment number 3 Page 21 of 45 Approved by the Tampa Bay Nitrogen Management Consortium 21 December 20, 2007 Figure 5. Application of the TBEP Decision Matrix, 1975-2006. Source: Janicki Environmental 2007 Attachment 2007 -2 . Decision matrix results. Year Old Tampa Ba 1975 1976 1977 1978 1979 1980 1981 1982 1983 1984 1985 1986 1987 1988 1989 1990 1991 1992 1993 1994 1995 1996 1997 1998 1999 2000 2001 2002 2003 2004 2005 2006 Yellow Yellow Green Green Green Yellow Yellow Yellow Yellow Yellow Yellow Green Yellow Yellow Yellow Yellow Yellow Green Green Green Yellow Green Yellow Yellow Yellow Green Yellow Yellow Yellow Green Green Green Green Green Yellow Green Green Green Green Green The question of how long it will take to recovery seagrass to the adopted acreage goal is not Item # 16 Attachment number 3 Page 22 of 45 Approved by the Tampa Bay Nitrogen Management Consortium December 20, 2007 22 easily answered. The expected rate of seagrass recovery for dominant species in subtropical waters in response to maintained water quality conditions is unclear, and appears to be variable depending upon local conditions. A recent synthesis of seagrass communities of the Gulf Coast of Florida (Dawes and others 2004) found that four estuarine systems within this region for which historic aerial photographs are available (Charlotte Harbor, Tampa Bay, St. Joseph Sound, and Sarasota Bay) all showed a loss of sea grass coverage between 1950 and 1982. Dawes and others (2004) note that recent seagrass-coverage trends in this region appear somewhat irregular, apparently responding to site-specific situations within the different estuaries. Relative increases between 1988 and 2004 show that Tampa Bay seagrass experienced an estimated 13.8% increase (1513 ha), while Charlotte Harbor seagrass coverage decreased slightly (0.3% or 30 ha) and Sarasota Bay seagrass coverage increased by 6.4% (240 ha) (Tomasko and others 2005; Attachment 2007-3). 3. A Description of the Proposed Management Actions to be Undertaken 3.a. Participating Entities 2002 RA: Members of the Tampa Bay Estuary Program Policy Board include the following: City of Tampa City of Clearwater City of St. Petersburg Manatee County Hillsborough County Pinellas County Florida Department of Environmental Protection Southwest Florida Water Management District U. S. Environmental Protection Agency (EP A serves as anon-voting advisory agency to the Tampa Bay Estuary Program) 2007 Update: No change in Policy Board membership. The Tampa Bay Nitrogen Management Consortium includes the following public and private entities: 2002 Public Partners: In addition to the nine TBEP Policy Board entities, public participants in the NMC include: Manatee County Agricultural Extension Service Environmental Protection Commission of Hillsborough County Tampa Bay Regional Planning Council Florida Fish and Wildlife Commission/Florida Marine Research Institute U.S. Army Corps of Engineers Tampa Port Authority Florida Department of Agriculture and Consumer Services Item # 16 Attachment number 3 Page 23 of 45 Approved by the Tampa Bay Nitrogen Management Consortium December 20, 2007 23 2002 Private Partners: Florida Phosphate Council Florida Power & Light Company Tampa Electric Company Florida Strawberry Growers Association IMC-Phosphate Company Cargill Fertilizer, Inc. CF Industries, Inc. Pakhoed Dry Bulk Terminals (now Kinder-Morgan) Eastern Associated Terminals Company CSX Transportation, Inc. 2007 Update: The Tampa Bay Nitrogen Management Consortium is open to public and private entities wishing to participate in the Nitrogen Management Strategy. Public and private participants in the Tampa Bay Nitrogen Management Consortium (as of December 2007) include: 2007 Public Partners: Hillsborough County Manatee County Pinellas County City of Tampa City of St. Petersburg City of Clearwater Southwest Florida Water Management District US Environmental Protection Agency Florida Department of Environmental Protection Environmental Protection Commission of Hillsborough County Tampa Bay Regional Planning Council Agricultural Economic Development Council of Hillsborough County Florida Fish and Wildlife Commission/Florida Marine Research Institute Tampa Port Authority Florida Department of Agriculture and Consumer Services Florida Department of Health Tampa Bay Water City of Palmetto City of Bradenton City of Largo City ofOldsmar City of Gulfport 2007 Private Partners: Item # 16 Attachment number 3 Page 24 of 45 Approved by the Tampa Bay Nitrogen Management Consortium December 20, 2007 24 Eastern Terminals Mosaic CSX Transportation Florida Power and Light Company CF Industries Tampa Electric Company Kinder Morgan Bulk Terminals, Inc. Progress Energy Tropicana Products, Inc. 3.b. Existing and proposed management activities 2002 RA: Over 100 existing and proposed activities are included in the Tampa Bay Nitrogen Management Consortium Action Plan (see Attachment H-1). They include the following types of projects: Stormwater facilities and upgrades Land acquisition and protection Wastewater effluent reuse Air emissions reduction Habitat restoration Agricultural BMPs Education/public involvement Industrial treatment upgrades NMC partners are currently updating projects in the Consortium Action Plan, which is being developed as an electronic database for 2001-2005 projects. For additional information, please refer to Attachments H-1 and H-2. 2007 Update: Revised apportionment: In 2002, following submittal of the 2002 Reasonable Assurance document, the Tampa Bay Nitrogen Management Consortium and TBEP Management and Policy Boards adopted a revision of the apportionment of total nutrient reduction (Attachment 2007-5). Under the revised apportionment, the 5-year reduction target is apportioned to major segments in direct proportion to the baseline load, future load, and existing load. Thus, all three loading conditions-baseline, existing and future- are considered in the apportionment decision. The weighting for the three conditions recognizes that the existing load represents the most recent and best estimate of nitrogen loading to the bay, and that the future load estimate is the least accurate. See Attachment 2007-5 for detailed process description and results of the revised apportionment. The revised apportionment also combines Terra Ceia Bay and Manatee River with Lower Tampa Bay. The first Tampa Bay Nitrogen Consortium Action Plan Partnership for Progress established goals for nitrogen loading management that incorporated Manatee River and Terra Ceia Bay into Item # 16 Attachment number 3 Page 25 of 45 Approved by the Tampa Bay Nitrogen Management Consortium December 20, 2007 25 the Lower Tampa Bay segment (Table 1 in Attachment H-1). The 1992-1994 TN loadings estimates for Lower Tampa Bay used in the federally-recognized TMDL did not include loadings from Manatee River and Terra Ceia Bay (Table 3 in this document). Discrepancies between the federally-recognized TMDL and the nutrient reduction goals adopted by the Consortium for the Lower Tampa Bay segment will be addressed by the Consortium prior to July 31, 2009 as an element of the guiding principles (Section 3.f. of this document). A comparison of the 1995-1999 apportionment and the revised apportionment adopted in 2002 is summarized in Table 1. See Attachment 2007-5 for detailed process and results. Table 1. Comparison of 1995-1999 and adopted 5-year Bay Segment reduction targets. All reductions are in tons. 1995-1999 Re-apportioned 5-year Reduction Percent of Reduction Target Percent of Target Total Total Old Tampa 2.1 2.5 11.80 13.9 Bay Hillsborough 41.5 49.5 31.07 36.6 Bay Middle Tampa 11.05 13.2 16.29 19.1 Bay Lower Tampa 25.35 30.2 21.24 25.0 Bay, including TCB and MR Boca Ciega 3.9 4.6 4.62 5.4 Bay TOTAL 83.9 100 85.02 100 Boca Ciega Bay is included in the Tampa Bay Nitrogen Management Strategy, but is not included in the federally-recognized TMDL. Item # 16 Attachment number 3 Page 26 of 45 Approved by the Tampa Bay Nitrogen Management Consortium December 20, 2007 26 Tracking Database: A Microsoft Access database has been created and populated with projects submitted by the TBEP and Nitrogen Management Consortium partners. The database performs all calculations necessary to determine pollutant load reductions based on several key factors such as land use type and treatment method. To accurately calculate pollutant load reductions, the database incorporates a linked Microsoft Excel table which contains the most recent nutrient loading rates by land use type. If a project has adequate documentation, site-specific information on treatment efficiencies is also acceptable. Once information is entered into the database customized pollutant load reduction reports for total nitrogen (TN) and total suspended solids (TSS) can be printed for specific areas such as county jurisdiction, bay segment and major basin. Through February 2006, more than 250 load reduction or preclusion projects have been entered into the database. A summary of the projects (listed by drainage basin) is included in Attachment 2007-6. A summary of reductions by bay segment is shown in Table 2. Drainage basins contributing to each bay segment are also shown in Table 2. A copy of the full database, including project descriptions for each submitted project, can be requested from the TBEP Database Coordinator at misty@tbep.org. A comprehensive review of the projects in the Action Plan Database through 2007 and expected TN load reductions associated with them is scheduled to be completed for inclusion in the revised detailed allocation and will be included in the 2009 RA Update. See Section 3.f. for the time line and schedule of the detailed allocation process. Item # 16 Attachment number 3 Page 27 of 45 Approved by the Tampa Bay Nitrogen Management Consortium December 20, 2007 27 Table 2. Estimated TN loading reductions (as of December 2007) by bay segment. All loads are in tons/year. Hillsborough Bay 31.07 112.70 51.60 57.61 (includes Alafia River basin, Hillsborough River basin and Coastal Hills. Bay basin) Old Tampa Bay 11.80 32.17 8.88 44.39 (includes Coastal Old Tampa Bay basin) Middle Tampa Bay 16.29 16.44 5.45 4.08 (includes Little Manatee River basin and Coastal Middle Tampa Bay basin) Lower Tampa Bay 21.24 3.85 44.56 10.05 (includes Manatee River basin, Terra Ceia Bay basin and Coastal Lower Tampa Bay basin) Boca Ciega Bay 4.62 0.88 2.60 14.12 (includes Coastal Boca Ciega Bay As noted for Table 1., Boca Ciega Bay is included in the Tampa Bay Nitrogen Management Strategy, but is not included in the federally-recognized TMDL. Item # 16 Attachment number 3 Page 28 of 45 Approved by the Tampa Bay Nitrogen Management Consortium December 20, 2007 28 3. c. Geographic scope of any proposed management activity: 2002 RA: The NMC Action Plan projects are located throughout the Tampa Bay watershed. The updated Consortium Action Plan Database includes project location (subbasin), drainage basin and bay segment. See Attachments H-1 and H-2. 2007 Update: No change. 3.d. Estimated Pollutant Load Reduction Anticipated from each activity: 2002 RA: To ensure consistency, the Consortium Action Plan Database program includes a standardized method for electronically calculating both existing conditions (no treatment) TN, TP and TSS loading for each project, and estimated loadings after treatment is applied. Each treatment type (for example, wet retention pond) has been assigned a treatment efficiency based on best available data/information, and is applied within the database program to estimate the nitrogen load attenuation. Parameters included in these calculations are land use, soils, rainfall and hydrologic connectivity. The difference between the "treatment" and "no treatment" estimates is the load reduction anticipated for each activity. NMC partners may also propose site-specific load reduction estimates for specific projects, providing adequate documentation is provided. 2007 Update: no change. 3.e. Written agreements committing partners to actions: 2002 RA: The Tampa Bay Estuary Program government partners executed an Interlocal Agreement in 1998, pledging to assist in meeting the goals of the TBEP Comprehensive Conservation and Management Plan (Attachment I). Also in 1998, public and private members of the Tampa Bay Nitrogen Management Consortium pledged to exercise their best efforts to implement, either individually or in cooperation with other Consortium members, the projects they have offered to undertake as part of the Consortium Action Plan (Attachment H-1). Many of these projects have already been completed. 2007 Update: This document is "Exhibit B" of the 2007 Declaration of Cooperation. The Declaration is also included as Attachment 2007-7. 3.f. How will future growth and new sources be addressed: 2002 RA: The TN load reduction target of 17 tons per year needed to maintain TN loading at 1992-1994 levels assumes growth in population and the associated changes in stormwater, atmospheric deposition and point sources. In this manner, TN loading from future growth is anticipated and addressed. See Attachment 0-3: TBEP Technical Report #08-01. The TBEP Interlocal Agreement requires that the technical basis for estimating loads and establishing targets be reexamined every 5 years. The first five-year re-examination was complete in 2001. Results from the re-examination indicate that the models and assumptions used for the initial calculations continue to provide appropriate estimates of loading and resulting Item # 16 Attachment number 3 Page 29 of 45 Approved by the Tampa Bay Nitrogen Management Consortium December 20, 2007 29 chlorophyll a concentrations. See Attachments F and G. The Nitrogen Management Consortium is currently examining how to address unexpected new point sources in the Consortium framework. This work is expected to be complete by 2003, and will be included in future updates to this documentation. However, it is important to note that nonpoint source discharges and atmospheric deposition are the dominant sources of nitrogen to Tampa Bay, comprising 83% of the total nitrogen load annually. 2007 Update: To maintain the Tampa Bay Nitrogen Management Consortium's successful watershed approach and to allow the Consortium to collectively define nitrogen load allocations from point and nonpoint sources within the Tampa Bay watershed, in October 2007 the Consortium, FDEP and EP A agreed to the following: 1. Develop and submit to FDEP by January 31,2007 a bay-wide Reasonable Assurance document (this document) defining the Tampa Bay nitrogen management strategy for 2008-2012 and providing documentation of reasonable progress during the 2002-2007 RA period. 2. Develop total nitrogen Waste Load Allocations and Load Allocations for each bay segment, taking into account the nitrogen load reductions (existing and future) that have been documented through projects submitted by Consortium partners and other sources; and (b) develop of total nitrogen WLAs for each point source permitted facility and MS4 stormwater system within each bay segment. The cumulative total nitrogen loading maximum for all WLAs together with Load Allocations will not exceed the assimilative capacity for a bay segment, as defined in the federally-recognized TMDL for Tampa Bay (Table 3). Detailed allocations will be developed by July 31, 2009. Item # 16 Attachment number 3 Page 30 of 45 Approved by the Tampa Bay Nitrogen Management Consortium December 20, 2007 30 Table 3. 1998 federally-recognized TMDL allocations (in tons/year). EP A considers the assimilative capacity of each bay segment to be the total load to that segment (e.g., 486 tons/year for Old Tampa Bay, etc). Source: Federally-recognized TMDL document for nutrients in Tampa Bay, 1998. Atmospheric 227 115 306 288 deposition Point sources 85 300 78 1 Material losses 0 233 0 24 Nonpoint sources 174 596 415 36 Groundwater and 0 207 0 0 s nn s TOTAL 486 1451 799 349 As noted in Section 3.b, discrepancies between the federally-recognized TMDL and the nutrient reduction goals adopted by the Consortium for the Lower Tampa Bay segment will be addressed by the Consortium prior to July 31, 2009 as an element of the guiding principles (Section 3.f. of this document). 3. Develop a supporting assessment document detailing background information and data analyses that will be needed to support the Consortium's development of revised bay-segment Waste Load Allocations and Load Allocations, and the Waste Load Allocations for individual permitted sources within each segment. A draft assessment document outline is shown in Attachment B. 4. Develop "guiding principles" for the collective determination ofWLAs for individual facilities. Elements of the guiding principles may include: . How to establish a minimum threshold for discharge volume and load for the establishment of total loading targets for smaller permitted sources . How to incorporate small sources and others that are not members of the Consortium . How to determine existing loads from MS4s . How to average reporting periods . How to incorporate new sources after the WLAs are defined for existing sources . How to ensure consistency in determining loads within like sources . How to incorporate residence time in estimating water quality response to load . How to define the Consortium's role in implementation and maintenance of the WLAs . How (and how much) to incorporate as a buffer of un allocated load for future growth . How to account or give credit for reductions from entities that have already reduced their load Item # 16 Attachment number 3 Page 31 of 45 Approved by the Tampa Bay Nitrogen Management Consortium December 20, 2007 31 . How to define and estimate load "credits", given the existing reduction/preclusion target . How to account for new sources vs. existing source expansion . How to resolve differences between the federally-recognized TMDL loadings and the Nitrogen Management Consortium reduction goals for Lower Tampa Bay, including Manatee River and Terra Ceia Bay. . How to resolve differences for the 1558BZ WBID definition. FDEP includes portions of this area in Lower Tampa Bay and the Consortium defines this area as part of Boca Ciega Bay. 5. Based on the results of Actions 3 and 4 above, the Consortium will develop revised Waste Load Allocations and Load Allocations for each bay segment, for FDEP and EP A review. 6. Based on the results of Actions 3, 4 and 5 above, by July 31,2009 the Consortium will develop total nitrogen WLAs for each permitted facility (for facilities with discharges above the Consortium-established minimum loading threshold) within each bay segment, for FDEP and EPA review. The final allocation categories for each bay segment are shown in Table 4. Item # 16 Attachment number 3 Page 32 of 45 Approved by the Tampa Bay Nitrogen Management Consortium December 20, 2007 32 Table 4. Proposed revised allocation categories. The WLAs (point sources and MS4s) will include allocations to individual facilities. Permitted point TBD TBD TBD TBD source WLAs (WWTP, industrial) Permitted MS4s TBD TBD TBD TBD WLAs Unpermitted TBD TBD TBD TBD sources (LAs) TOTAL 486 1451 799 349 The time line and process for development of detailed allocations Submit 2007 RA update to FDEP by January 31, 2008 Interactions with individual Consortium entities Jan 2008 - Dec 2008 Steering Group Allocation Guiding Principles Workshop February 8, 2008 Draft Allocation Guiding Principles March 2008 Develop basinwide allocations to WLAs and LAs May 2008 Finalize Action Plan database July 2008 Develop draft WLAs for individual sources December 2008 Finalize WLAs for individual sources February 2009 Draft Allocation and Assessment Report March 2009 Final Resolution agreeing to allocations March 2009 Final Allocation and Assessment Report by July 31, 2009 FDEP will develop interim WLAs for facilities that are expected to come up for renewal before July 2009, in cooperation with those specific facilities. The interim WLAs will be based on the Item # 16 Attachment number 3 Page 33 of 45 Approved by the Tampa Bay Nitrogen Management Consortium December 20, 2007 33 "existing loading" of those facilities, which will be based on the most recent loading information available but will also take recent growth and variability into account (especially for industrial facilities where the discharge is related to rainfall). FDEP intends to include the interim WLAs for those facilities which are expected to come up for renewal prior to July 2009 in their response to this document. If a facility can meet the "interim WLA", the allocation will be the basis for a TN effluent limit for the facility, but the permit will include a re-opener clause allowing the limit to be revised when the final WLA is completed for the facility in July 2009. If the facility cannot meet its "interim allocation," the allocation will be the basis for a final TN effluent limit, but an Administrative Order will provide an interim permit limit and compliance schedule to meet either the interim WLA or the final WLA when it is available. 3.g. Confirmed sources of funding 2002 RA: Information on funding sources and amounts for projects included in the Action Plan are being provided voluntarily for projects in the Consortium Action Plan Database. Funding sources include local governments, the Southwest Florida Water Management District (SWFWMD) and private corporations. More detailed funding source information is being requested for the ongoing Action Plan Update, due for finalization in early 2003. The Tampa Bay Estuary Program is funded by the signatories of the Interlocal Agreement, for funding amounts as defined in the IA (see attachment I). 2007 Update: The majority of projects in the updated Project Database include estimates of costs and funding sources. The Assessment and Allocation process outlined in Section 3.f. will include technical analyses and the Assessment Report; support and organization of meetings with individual Consortium entities and agencies; analyzing issues and options to support the Consortium in the development of guiding principles; facilitation of Consortium meetings and Implementation Group meetings and workshops; support and documentation for draft and final bay-segment allocations; support and documentation for draft and final facility-specific allocations; and full documentation of analyses and process. In keeping with the Tampa Bay Nitrogen Management Consortium's collective approach, each Consortium partner (government, private and agency) will contribute equally to the development of the Assessment and Allocation Report. Advantages of collectively funding the allocation process: . All Consortium members share the responsibility and benefits in the development of the allocations; . Maintains collective approach that Consortium has used successfully to address issues; . Sharing the cost allows each entity to benefit from a large effort with relatively small funding commitment Item # 16 Attachment number 3 Page 34 of 45 Approved by the Tampa Bay Nitrogen Management Consortium December 20, 2007 34 Entities which are not members of the Consortium by December 28,2007 but wish to join the Consortium after this date will be assessed $5000 to participate in the allocation process. 3.h. Implementation schedule: 2002 RA: Chlorophyll a concentrations are currently meeting adopted site-specific targets. In addition, each project has an implementation schedule included in the Consortium Action Plan Database. 2007 Update: The updated Project Database includes a schedule for expected completion for each project. 3.i. Enforcement programs, if the management strategy is not voluntary. 2002 RA: Participation in the Tampa Bay Nitrogen Management Consortium is voluntary. The NMC partners will continue to encourage point and nonpoint sources who are not currently participating in the NMC to join this effort. FDEP emphasizes that it and other regulatory agencies will continue to ensure that permitted facilities meet all permit requirements through existing regulatory and permit enforcement programs. 2007 Update: Participation in the Tampa Bay Nitrogen Management Consortium will continue to be voluntary, and the NMC partners will continue to encourage point and nonpoint sources who are not currently participating in the NMC to join this effort. The Assessment and Allocation process defined in Section 3.f. will define agreed-upon TN load allocations for Consortium member permits. The Assessment and Allocation will also recommend processes for new or expanded TN load sources or permitted entities not participating in the Consortium. FDEP emphasizes that it and other regulatory agencies will continue to ensure that permitted facilities meet all permit requirements through existing regulatory and permit enforcement programs. 4. Procedures for Monitoring and Reporting Results: 2002 RA: 4.a. A description of the water quality monitoring program to be implemented Existing water quality monitoring programs include ambient programs conducted by the Environmental Protection Commission of Hillsborough County, Manatee County, and Pinellas County. Water quality samples from over 100 stations baywide are collected and analyzed on a monthly basis through the collective efforts of these monitoring programs. 2007 Update: Monitoring by EPCHC and Manatee County continue as in 2002. Pinellas County has redesigned their bay water quality monitoring program to allow additional focus on shallow waters (less than 3 meters). Additional stations in all areas have been added within the watershed. Item # 16 Attachment number 3 Page 35 of 45 Approved by the Tampa Bay Nitrogen Management Consortium December 20, 2007 35 4.b. Quality Assurance/Quality Control elements of monitoring 2002 RA: All these programs and their laboratories have State-approved Quality Assurance Plans on file, and comply with DEP's QA rule, Chapter 62-160, including DEP approved Standard Operating Procedures. The participating laboratories have or are working to receive National Environmental Laboratory Accreditation Conference (NELAC) certification. 2007 Update: All participating laboratories have now received NELAC certification. 4.c. Procedures for entering all appropriate data into STORET: 2002 RA: The participating laboratories will continue to deliver all appropriate data to FDEP's SW District office in Tampa for uploading into STORET, pending development of each entity's capability for routine uploads to STORET. Upon finalization of this capability, each entity will submit data directly to STORET. 2007 Update: Although some problems with entering data directly into the state's STORET system remain, the participating laboratories either enter data directly to STORET or deliver all appropriate data to FDEP. 4.d. Responsible monitoring and reporting entity: 2002 RA: The four entities identified in 4.a. are responsible for collecting water quality data. TBEP will be responsible for compiling bay-wide water quality monitoring data on an annual basis, and reporting the results of the "decision matrix" to the TBEP partners (including FDEP). See TBEP Technical Report #11-01 (Attachment C) for the Year 2001 annual report. 2007 Update: The three entities identified in 4.a. continue to be responsible for collecting water quality data. See Attachment 2007-2 for the most recent annual "decision matrix" update reporting progress towards water quality targets in each bay segment. 4. e. Frequency and reporting format for reporting monitoring results: 2002 RA: Reporting is done annually, as noted in 4.d. In addition, TBEP conducts a full revision and update of nitrogen loading estimates (current and estimated future loads) and model evaluations every 5 years. The next update is due in 2005. 2007 Update: The 1999-2003 nitrogen loading update was completed in 2005 (Attachment 2007-4). The next scheduled TBEP nitrogen loading update is planned for 2009-2010 (for the years 2004-2008). However, to allow the FDEP designation cycle for Group 1 including Tampa Bay (every 5 years; 2002,2007,2012, etc) and the TBEP cycle of updated loadings to come into sync, FDEP is funding an effort to update the Tampa Bay TN, TP and TSS loadings from all sources for the following: Item # 16 Attachment number 3 Page 36 of 45 Approved by the Tampa Bay Nitrogen Management Consortium December 20, 2007 36 1. Estimated and measured existing loadings (TN, TP and TSS) to bay segments from all sources for the years 2004, 2005, 2006 and 2007. This will provide the most recent information available for calculation of point source, MS4s, atmospheric deposition, non-permitted sources and groundwater and springs, for inclusion in the allocation process. 2. Estimated future TN, TP and TSS loads to bay segments from all sources for 2020. This effort will allow assessment and re-evaluation of the Consortium's current strategy of reducing TN loadings by 17 tons/year to compensate for expected population growth. Our last future estimate was for the year 2010, and future growth estimates have changed since then. These tasks will provide information for the Group 1 Tampa Bay waters and the Group 2 major drainage basins to Tampa Bay, thus supporting both the RA/TMDL allocation process and upcoming BMAPs for nutrient TMDLs throughout the Tampa Bay watershed. If these loadings can be updated as requested, TBEP will be able to fund updated loadings in the future to support the next round of the IWR. TBEP will plan for funds for loading updates for 2008-2011, to be assessed in early 2012 to allow inclusion in the 2012 Group 1 assessment. 4.f. Frequency and format for reporting on the implementation of all proposed management activities: 2002 RA: The Consortium Action Plan Database will allow entry of new projects and summary queries at any time. The TBEP staff will solicit information on new projects (or revisions to existing projects) every 21;2 years, and will enter this information into the Database. In addition, a NMC partner can request to revise an existing project or submit a new one at any time. A formal reporting of management activities by TBEP will take place every 5 years, to correspond with the model assumption re-evaluation and CCMP update. TBEP staff is responsible for Action Plan Database maintenance. 2007 Update: No change. Formal reporting of results will continue to occur every 5 years. 4. g. Methods for evaluating progress towards goals: 2002 RA: Progress towards water quality targets is evaluated annually by the application of the "decision matrix" (TBEP Technical Report #03-02, Attachment C). Progress towards seagrass acreage goals is evaluated every 2-3 years using the Southwest Florida Water Management District's seagrass aerial photography and digital mapping. 2007 Update: No change. 5. Description of Proposed Corrective Actions: 2002 RA: The "decision matrix"(TBEP Technical Report #04-00, Attachment G-1) outlines a process by which potential management actions may be determined. In this process, the magnitude and duration of deviations from chlorophyll a and light targets are used to help Item # 16 Attachment number 3 Page 37 of 45 Approved by the Tampa Bay Nitrogen Management Consortium December 20, 2007 37 determine the degree of the management response. Recommended management actions range from those associated with a "green" ranking in which all targets are met (maintain existing programs and actions); to "yellow", in which the TAC and Management Board review monitoring data and loading estimates and attempt to identify causes of target exceedences; to "red" for cases where magnitude and duration are large and a response appears necessary. Responses to "yellow" and "red" conditions will vary according to the specific conditions of the exceedences. The Management and Policy Boards will take actions they deem to be appropriate. Because FDEP is a member of the TBEP and the Tampa Bay Nitrogen Management Consortium, the Department will be aware of all actions of the Management and Policy Boards and the Consortium, including any corrective actions that are proposed and implemented. 2007 Update: Since 1996, application of the decision framework has indicated two problematic time periods: in 1997 and 1998 all bay segments were in the "red" condition category (corresponding to high rainfall associated with a strong EI Nino event), and in 2003 and 2004 the condition of one bay segment, Old Tampa Bay, resulted in a red category (Attachment 2006-2). Recommendations from the TBEP T AC for management response to the EI Nino-associated period were to support immediate actions towards repair of sewer transport and pumping systems and industrial treatment water holding systems that had failed during periods with high rainfall amounts and/or rainfall rates. Actions were taken by municipalities and industrial facilities to address these failed systems. In addition to these immediate actions, the T AC recommendations were to continue monitoring to assess the need for further action following the EI Nino event. Recommendations for action in Old Tampa Bay in response to the decision matrix results in 2003-2004 were quite different than for the baywide EI Nino-associated event. Following an extensive review of existing data and information, the TBEP TAC recommended an Old Tampa Bay Seagrass Recovery research program be implemented to examine factors potentially affecting seagrass recovery in this segment of Tampa Bay, followed by development of a recovery and management plan based on research results. Results and observations showed that some shallow areas in Old Tampa Bay had poorer water quality (and thus, less light available for seagrasses) than three other study areas within this bay segment. Epiphytes caused significant light reduction (25-32%) in all portions of Old Tampa Bay. Transplanted seagrass survival was very low; 0.9% after two growing seasons, compared with 21 % in other areas of Tampa Bay. Additional factors, such as high wave energy or inputs of submarine groundwater, were examined; however, neither of these appears to be responsible for slower seagrass recovery rates (Griffin and Greening 2004; attachment 2007-8). Further evaluations examined additional potential causes of poor water quality and slower seagrass recovery in Old Tampa Bay, as suggested by results of the initial study. Assessments (Attachment 2007-9) included examination of reduced circulation and slower flushing rates (possibly resulting in higher chlorophyll a concentrations), local sources of nitrogen loading, increased epiphyte loads, high rates of bioturbation (by stingrays and burrowing organisms), and possibly the influence of hydrogen sulfide concentrations. Results show that the Feather Sound Item # 16 Attachment number 3 Page 38 of 45 Approved by the Tampa Bay Nitrogen Management Consortium December 20, 2007 38 area of Old Tampa Bay is subject to multiple impacts, including nearshore nitrogen loading sources. Management recommendations include improved management of urban and residential stormwater runoff in the immediate watershed; conversion of septic systems to sewer in Feather Sound watershed areas; additional planning and management for local golf courses; and restoring mosquito-ditched management areas so that water drains more slowly into the bay (thus allowing more time for nutrient uptake). 6. Summary of progress since 2002 Reasonable Assurance report Data and observations from Tampa Bay indicate that initial efforts to reduce nitrogen loading and the continuing efforts of the TBEP and NMC partners are resulting in adequate water quality for the expansion of seagrasses. A summary of progress since the 2002 Tampa Bay Reasonable Assurance document includes the following: Actions: . More than 250 nitrogen reduction projects have been implemented by Consortium members since 1996, an increase of more than 100 projects since 2002. . The baywide TN load reduction goal of 85 tons every five years has been met and exceeded for 1995-1999 (estimated 166 tons TN reduced) and 2000-2004 (estimated 113 TN tons reduced). Planned and budgeted projects for 2005-2009 are expected to reduce an additional 130 tons TN loading per year by 2009. . The number of Tampa Bay Nitrogen Management Consortium members has increased by 5 local government entities and one private partner, to a total of 32 participating public and private partners in 2007. . The Consortium local government and private partners have agreed to work with FDEP and EP A to develop fair and equitable TN load allocations to permitted and non- permitted sources throughout the watershed by July 2009, with the goal of meeting TN load management targets to support seagrass recovery. Environmental Indicators . Between January 2002 and January 2004, seagrass acreage baywide increased 946 acres, and by January 2006, another increase of 1,297 acres was recorded, resulting in the highest observed acreage estimate (28,321 acres baywide) since 1950. Estimated seagrass extent has increased by 3,480 acres since 1999 (the estimate available for the 2002 RA submittal). . Time series plots show that, with the exception of 2003-2004 in Old Tampa Bay, and 2005 in Lower Tampa Bay, chlorophyll a targets have been met in all four major bay segments since 2002. In 2006, both chlorophyll a and light attenuation targets were met in all four major bay segments for the first time since records began in 1974. Item # 16 Attachment number 3 Page 39 of 45 Approved by the Tampa Bay Nitrogen Management Consortium December 20, 2007 39 Attachments (available at www.tbeptech.org (click on "2007 RA Update") unless noted below). Attachment A: (A-I): state map with Tampa Bay delineated (A-2): Final Tampa Bay (Group 1) Status Report, developed by FDEP and dated May 9,2002, including 305(b) bay segment boundaries, watershed boundaries and HUC codes. Available from the FDEP website. Attachment B: Excerpts from F.A.C. 62-302.400 defining Class II waters for Hillsborough, Pinellas and Manatee counties. Attachment C: Tracking Chlorophyll-a and Light Attenuation in Tampa Bay: Application to 2001 Data. 2002. Technical Report #03-02 of the Tampa Bay Estuary Program. Prepared by Janicki Environmental, Inc. (A. Janicki and R. Pribble) Attachment D: Estimates of Total Nitrogen, Total Phosphorus, Total Suspended Solids, and Biochemical Oxygen Demand Loadings to Tampa Bay, Florida. 2001. Technical Report #05-01 of the Tampa Bay Estuary Program. Prepared by Janicki Environmental, Inc. (R. Pribble, A. Janicki, H. Zarbock, S. Janicki and M. Winowitch). Attachment E: Greening, H. 2001. Nutrient Management and Seagrass Restoration in Tampa Bay, Florida, USA. InterCoast; Fall 2001. Attachment F: (F-l): Final Action taken by TBNEP Management and Policy Committees, June 14, 1996, adopting goals for seagrass acreage, targets for segment-specific chlorophyll a concentrations, and a five-year nitrogen management strategy to "hold the line" at 1992-1994 nitrogen loadings for each bay segment. (F-2): Final Action taken by TBEP Management and Policy Boards, May 11,2001, extending through 2005 the previously adopted chlorophyll a concentrations for each bay segment, and the nitrogen management strategy to "hold the line". (F-3): Estimating Critical Nitrogen Loads for the Tampa Bay Estuary: An Empirically Based Approach to Setting Management Targets. 1996. Technical Publication #06-96 of the Tampa Bay National Estuary Program. Prepared by Coastal Environmental, Inc. (A.J. Janicki and D.L. Wade). Item # 16 Attachment number 3 Page 40 of 45 Approved by the Tampa Bay Nitrogen Management Consortium December 20, 2007 40 (F-4): Tampa Bay Estuary Program Model Evaluation and Update: Chlorophyll a-Light Attenuation Relationship. 2001.Technical Report #06-01 of the Tampa Bay Estuary Program. Prepared by Janicki Environmental, Inc. (A. Janicki and D. Wade). (F-5): Tampa Bay Estuary Program Model Evaluation and Update: Nitrogen Load-Chlorophyll a Relationship. 200 1. Technical Report #07-01 of the Tampa Bay Estuary Program. Prepared by Janicki Environmental, Inc. (A. Janicki and D. Wade). (F-6): Tampa Bay Estuary Program Tracking Progress Toward Its Nitrogen Management Goals: Fifth Year Assessment of Bay Water Quality Indicators and Models. 2001.Technical Report #10-01 of the Tampa Bay Estuary Program. Prepared by Janicki Environmental, Inc. (A. Janicki). Attachment G: (G-1): Developing and Establishing a Process to Track the Status of Chlorophyll-a Concentrations and Light Attenuation to Support Seagrass Restoration Goals in Tampa Bay. 2000. Technical Report #04-00 of the Tampa Bay Estuary Program. Prepared by Janicki Environmental, Inc. (A. Janicki, D.Wade and J.R. Pribble). (G-2): Assessing the 2000 Chlorophyll a and Light Attenuation Conditions in Tampa Bay: Tracking Progress Toward TBEP Goals. 2001. Technical Report #11-01 of the Tampa Bay Estuary Program. Prepared by Janicki Environmental, Inc. (A. Janicki and R. Pribble). (G-3): Model-Based Estimates of Total Nitrogen Loading to Tampa Bay: Current Conditions and Updated 2010 Conditions. 2001.Technical Report #08-01 of the Tampa Bay Estuary Program. Prepared by Janicki Environmental, Inc. (A. Janicki, R. Pribble, H.Zarbock, S. Janicki, and M. Winowitch). Attachment H: (H-1): Partnership for Progress: The Tampa Bay Nitrogen Management Consortium Action Plan 1995-1999. (H-2): 2002 Tampa Bay Nitrogen Management Consortium Action Plan Database. Available from TBEP, contact Misty Cladas at misty@tbep.org. Attachment I: Tampa Bay National Estuary Program Interlocal Agreement, February 1998 Item # 16 Attachment number 3 Page 41 of 45 Approved by the Tampa Bay Nitrogen Management Consortium December 20, 2007 41 2007 Update: Attachments Attachment 2007-1 Letter dated November 5,2002 from D. Joyner (FDEP Bureau of Watershed Management) concluding that the Tampa Bay Nitrogen Management Strategy provides reasonable assurance that impairment of designated uses related to nutrients in Tampa Bay will be adequately addressed. Attachment 2007-2 Tracking Chlorophyll-a and Light Attenuation in Tampa Bay: Application to 2006 Data. 2007. Technical Report #01-07 of the Tampa Bay Estuary Program. Prepared by Janicki Environmental, Inc. Attachment 2007-3 Tomasko, D.A., c.A. Corbett, H.S.Greening and G.E. Raulerson. 2005. Spatial and temporal variations in seagrass coverage in Southwest Florida: Assessing the relative effects of anthropogenic nutrient load reductions and rainfall in four contiguous estuaries. Marine Pollution Bulletin 50(2005) 797-805. Attachment 2007-4 Estimates of Total Nitrogen, Total Phosphorus, Total Suspended Solids, and Biochemical Oxygen Demand Loadings to Tampa Bay, Florida: 1999 -2003. 2005. Technical Report #02-05 of the Tampa Bay Estuary Program. Prepared by Janicki Environmental, Inc. (A. Poe, K. Hackett, S. Janicki, R. Pribble, and A. Janicki). Attachment 2007-5 Nitrogen Loadings to Tampa Bay: Model Based Estimates of 1998 and 2010 Loads to Major Basins, and TN Load Reduction/Preclusion Apportionment. 2003. Technical Report # 04-03 of the Tampa Bay Estuary Program. Prepared by Janicki Environmental, Inc.(A. Janicki, R.Pribble and K. Hackett). Attachment 2007-6 Summary tables of nitrogen load reduction projects in the Tampa Bay Project Database. Projects are listed by major drainage basin. Attachment 2007-7 2007 Tampa Bay Nitrogen Management Consortium Declaration of Cooperation (this document).. Attachment 2007-8 Griffen, L. and H. Greening. 2004. Factors Influencing Seagrass Recovery in Feather Sound, Tampa Bay, Florida. Final Report of the Feather Sound Seagrass Recovery Workgroup. Prepared for the Pinellas County Environmental Foundation. Including Item # 16 Attachment number 3 Page 42 of 45 Approved by the Tampa Bay Nitrogen Management Consortium December 20, 2007 42 technical appendices on CD. 29 pages. Attachment 2007-10 Cross, L.M. 2007. Feather Sound Seagrass Recovery Project: Final Report and Management Recommendations for Feather Sound, Old Tampa Bay, Florida. Technical Report #03-07 of the Tampa Bay Estuary Program. Report to the Pinellas County Environmental Fund. Item # 16 Attachment number 3 Page 43 of 45 Approved by the Tampa Bay Nitrogen Management Consortium December 20, 2007 43 EXHIBIT "C" on following page Item # 16 Attachment number 3 Page 44 of 45 Approved by the Tampa Bay Nitrogen Management Consortium December 20, 2007 1!1; ~ 44 .. .,.. ~ '''1 a II!! iiI i! Item # 16 Attachment number 3 Page 45 of 45 Approved by the Tampa Bay Nitrogen Management Consortium December 20, 2007 45 .. I mi.- · dMIIJqr "}lIH~".~n\.-. ......4L.,,~ ~.n~_~ ~.".~= fa9 ~JB" ftJIIU__9'''~ ..a-...:.~AA.. ..11 . . ..,. . . J,lll ~ . ~~"MIIli_"'iiliillll.. " , ~ ~~ =KI\'-'~ ~ -..If ~ ... ~ . ~.. .. DIlJD.-~ Item # 16 Meeting Date: 1/17/2008 City Council Agenda Council Chambers - City Hall SUBJECT I RECOMMENDATION: Award a contract to Southwest Contracting of Odessa, Florida for the 2007 Sidewalk Contract (07-0023-EN), in the amount of $189,430.45 which is the lowest responsible bid received in accordance with the plans and specifications and authorize the appropriate officials to execute same. (consent) SUMMARY: Seventeen contractors purchased copies of the 2007 Sidewalk Contract and ten of the contractors submitted bids. Southwest Contracting was the lowest bidder with a bid amount of $189,430.45. The 2007 Sidewalk Contract specifies the construction of new sidewalks at three locations in response to citizen petitions for new sidewalks. The contract also requires the contractor to bring public sidewalks into compliance with the Florida Accessibility Code requirements at several locations. A more detailed description of the scope of work, tables and maps are provided. A first quarter amendment will transfer $161,015.25 of Development Impact Fees from Capital Improvement Program (CIP) project 0315-92558, Intersection Improvements to CIP 0315-92339, New Sidewalks. Sufficient revenue is available in 0315- 92273, Streets & Sidewalks to fund $28,415.20 for the ADA Compliance work on existing sidewalks. An additional first quarter amendment will transfer $161,015.25 of Road Millage from CIP 0315-92273, Streets & Sidewalks to CIP 0315-92558, Intersection Improvements to replace the Development Impact Fees transferred to New Sidewalks. Type: Current Year Budget?: Budget Adjustment Comments: Current Year Cost: Not to Exceed: For Fiscal Year: Capital expenditure Yes Budget Adjustment: Yes $189,430.45 $189,430.45 2007 to 2008 Annual Operating Cost: Total Cost: $189,430.45 Appropriation Code 0315-92273-563700-541-000- 0000 0315-92339-563700-541-000- 0000 Amount $ 28,415.20 Appropriation Comment $161,015.25 Bid Required?: Other Bid I Contract: Review Approval: 1) Clerk Yes Bid Number: Bid Exceptions: None Cover Memo Item # 17 Attachment number 1 Page 1 of 1 1. SCOPE OF WORK SCOPE DESCRIPTION Project Name: 2007 Sidewalk Contract Project Number: 07-0023-EN Scope of Work: The work proposed in this contract includes the placement of new sidewalk in various locations throughout the City as shown on the City of Clearwater Engineering Drawings #2007023, Maps 1 through 4 of 4 and the New Sidewalk list attached. Other work involves the removal and replacement of sidewalks and/or the installation of approved pedestrian warning surfaces in the areas shown on the Engineering Drawings #2007024, Maps 1 through 4 of 4 and the ADA Compliance list attached. At these locations the Contractor will be required to upgrade existing sidewalks to meet the code requirements for ramp slope, running slope, cross-slope, truncated domes and the use of a contrasting color on warning surfaces to meet Florida Building Code, Chapter 11, Florida Accessibility Code for Building Construction. Contractor shall refer to the ADA Compliance list for the specific work to take place at the individual locations. In addition to the above, the Contractor is required to be prepared to install up to 1,500 sq. f1. of concrete sidewalk with a shell aggregate that will match a shell aggregate previously used in concrete sidewalks located on Clearwater Beach. 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Myrtle Ave, Clearwater, FL 33756 Ph: (727)562-4750, Fax: (727)5264755 www.MyClearwater.com Leaend N w-<r E NOl Location Proposed Sidewalks Item # 1 Carlisle St Outside Clearwater Service Area s ST CLEVELAND 2 8 6 6 7 w 7 w " " 10 w 10 9 " w 1 " 14 15 15 14 15 w " w " 15 16 20 17 17 102 108 200 w 2 z 204 :J fu w z 2 20 " 205 21 RAINBOW DR RAINBOW DR '0 x E ~ u :!l 0 ~ f- <( "' " w 0" ~ 0 " 0 --' 0 0" :J -'< 0" U :J U >- 0" ro 0 <( w "' 0" ;: W I :J :J f- 400 401 tll u Q) w "' 2001 " ffi '" " 40 Uj Z " ;: "' "' Q) 40 ~ 406 oj 408 0 408 ~ 410 oj 9 410 oj :0 Jl! Q) 0:: SR.60 GULF TO BLVD 2007 Sidewalk Contract - 07 -0023-EN New Sidewalk Locations I Draw Prepared by: Engineering Department Geographic Technology Division 100 S. Myrtle Ave, Clearwater, FL 33756 Ph: (727)562-4750, Fax: (727)5264755 www.MyClearwater.com Leaend Proposed Sidewalks Outside Clearwater Service Area Location Cirus Ave Item # 1 N w-<r E NOl S CHESTNUT ST 504 520 528 521 '0 x E ~ f0- e o ~ " o --' Q) g .!l! C. E o U <( o ~ 606 o ~ :0 Jl! Q) 0:: 601 607 609 611 613 525 #0042 #27-G 512 514 526 530 532 534 536 540 542 544 w ~ z o C/) 0::: 0::: <( I l- LL C/) 501 Re8ERS 511(A-1) TURNER ST 517(A-2) 523(A-3) 529(A-4) 535(A-5) 541 (A-6) 547(A-7) 553(A-8) 605 2007 Sidewalk Contract - 07-0023-EN - A.D.A. Compliance Locations I Drl Prepared by: Legend Engineering Department Geographic Technology Division 100 S. Myrtle Ave, Clearwater, FL 33756 ADA Compliance Locations Ph: (727)562-4750, Fax: (727)5264755 www.MyClearwater.com ADA Compliance Segments N W-^-E Y NOl Outside Clearwater Service AreLtem # 1 s #33-0 128 UJ 123 '0 ~ x E " I" Z 0 c 0 0 118 (/) ~ " 100 0::: 0 --' 0::: Q) 38 g <( .!l! I C. E 0 U <( 36 0 ~ 0 ~ 263 :0 261 Jl! 100 Q) 0:: 259 400 302 302 304 301 300 300 305 301 225 201 2007 Sidewalk Contract Z 221 200 200 07-0023-EN A.D.A. Compliance Locations I Drl Prepared by: Engineering Department Geographic Technology Division 100 S. Myrtle Ave, Clearwater, FL 33756 Ph: (727)562-4750, Fax: (727)5264755 www.MyClearwater.com Legend ADA Compliance Locations Outside Clearwater Service AreLtem # 1 ADA Compliance Segments N w-<r E NOl s '0 x E :>. Q) :;< ro :;;; c o ~ " o --' Q) g .!l! C. E o U <( o ~ o ~ :0 Jl! Q) 0:: PIERCE ST ST ~ 0-0 G w ~ 420 450 424 ~ <( 432 0 475 w ~ ~ o:l 107 <( --' 0 W () (/) 0 210 305 I I- ::J 0 311 (/) 300 COURT ST #0063 ST #0065 110 o 0:: <( (') 201 I I- ::J 0 (/) 210 215 324 FRANKLIN 305 307 319 3( 501 2007 Sidewalk Contract 07-0023-EN A.D.A. Compliance Locations I Drl Prepared by: Engineering Department Geographic Technology Division 100 S. Myrtle Ave, Clearwater, FL 33756 Ph: (727)562-4750, Fax: (727)5264755 www.MyClearwater.com Legend ADA Compliance Locations ADA Compliance Segments Outside Clearwater Service AreLtem # 1 N w-<r E NOl s PAPAYAST '0 x E .c " '" Q) aJ :!l 0 0:: ~ 0 " 0 0 --' 0 201 Q) <{ g Z .!l! 0 C. 0:: E 0 0 U 0 <( 0 ~ 0 ~ :0 Jl! Q) 0:: 430 #28-F 400 >- <{ --J d z ~ 2007 Sidewalk Contract 07-0023-EN A.D.A. Compliance Locations I Drl Prepared by: Engineering Department Geographic Technology Division 100 S. Myrtle Ave, Clearwater, FL 33756 Ph: (727)562-4750, Fax: (727)5264755 www.MyClearwater.com ADA Compliance Locations Outside Clearwater Service AreLtem # 1 N W~E NOl Legend ADA Compliance Segments Meeting Date: 1/17/2008 City Council Agenda Council Chambers - City Hall SUBJECT I RECOMMENDATION: A ward a contract to Interstate Engineering Corp of Salem, MA, in the amount of $739,200 for construction of the Water Treatment Plant No. 1 - Multi-Media Filter Improvements Project (06-0051- UT), which is the lowest responsible bid received in accordance with the plans and specifications for this project, and that the appropriate officials be authorized to execute same. (consent) SUMMARY: The City of Clearwater (City) owns and operates a Reverse Osmosis (RIO) Water Treatment Plant (Water Treatment Plant No. 1) as part of its potable water supply system. The plant utilizes four pressurized multi-media filters to provide pre-treatment filtration of iron, arsenic and other particulate matter prior to the cartridge filters and RIO skids. In an effort to increase plant efficiency the City R.O. plant operators have identified recommended improvements to the multi-media filters. These improvements include addition of control valves and the ability to more accurately measure flow, thus ensuring the optimum hydraulic loading on the filters. Benefits will include more efficient backwashing and increases in the removal efficiency of arsenic and iron. The goal for the multi-media filter improvements project is to allow for more efficient operation of the filters and to improve the filtered water quality, thereby extending the life of the RO membranes. This project consists of improvements to external piping and valves on each of four (4) multi -media filters, providing and installing V-Port ball valves with electric positioning actuators, magnetic flow meters, differential pressure transmitters and associated electrical work and instrumentation. The work also includes internal improvements to the four filters, including a new concrete base, replacing the raw water influent pipe, providing and installing an upper tank drain pipe, relocating the air scour header and diffusers, and replacing the gravel media, filter sand, and anthracite. It is anticipated that construction will be accomplished in 210 days and be completed by the end of July 2008. McKim and Creed, the engineering design consultant for this project and an Engineer-of-Record for the City of Clearwater, was responsible for the design of the improvements. The final engineering estimate was $609,400. Interstate Engineering Corp bid was $739,200 for the project. After comparing the bids, McKim and Creed recommended to award the construction of the project to Interstate Engineering Corp in the amount of $739,200, and City staff concurs. The City of Clearwater's Public Utilities Department Water Division is responsible for owning, operating and maintaining the Reverse Osmosis Water Treatment Plant No.1. Sufficient budget and revenue are available in Capital Improvement Program projects 0315-96741, System R & R Capitalized, in the amount of $141,250.00 and Utility R&R Program project 0327-96741, System R & R Capitalized, in the amount of $597,950.00 to fund this contract. Type: Current Year Budget?: Capital expenditure Yes Budget Adjustment: None Budget Adjustment Comments: Cover Memo Current Year Cost: Not to Exceed: For Fiscal Year: $739,200.00 Annual Operating Cost: Total Cost: $739,200.00 Item # 18 to Appropriation Code Amount 0327-96741-563800-533-000- $597,950.00 0000 0315-96741-563800-533-000- $141,250.00 0000 Appropriation Comment See Summary Section See Summary Section Bid Required?: Other Bid I Contract: Yes Review Approval: 1) Clerk Bid Number: Bid Exceptions: 06-0051-UT None Cover Memo Item # 18 Attac hm n mm er 1 PagE 1 cif 0.: 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0:: c:i c:i c:i c:i c:i c:i c:i c:i c:i c:i c:i c:i 6 6 0 c:i Ow I- 0 0 0 I[) I[) I[) I[) 0 0 0 0 0 0 0 0 N 0 0 O:J Z 0 I'- I'- I'- I'- 0 0 0 0 0 0 0 N" t-" N I[) Clzo :J 6 "'</:- "'</:- "'</:- "'</:- 6 6 6 6 6 I[)- 00- t- \0 en I[)- ~~:n 0 (V) I'- I'- I'- I'- (V) "'</: "'</: "'</: "'</: I'- I'- \0 C') <17 2:: I-- ffi<co <c Wz ~0c:C <17 <17 <17 <17 <17 <17 <17 <17 <17 <17 <17 <17 "" "" * - Cllll2:: 00 z 0:: _ wW2:: 0 0 0 0 0 0 0 0 0 0 0 0 0 ~ wu.w w 0 0 0 0 0 0 0 0 0 0 0 0 0 1$ 1-u...J 0 c:i c:i c:i c:i c:i c:i c:i c:i c:i c:i c:i c:i c:i <c~<c ii2 0 I[) I[) I[) I[) 0 0 0 0 0 0 0 0 I"ol l-",lIl 0 I'- I'- I'- I'- 0 0 0 0 0 0 0 I[) =: a. 6 "'</:- "'</:- "'</:- "'</:- 6 6 6 6 6 I[)- 00- I[)- E-< lIl", I- o::~ (V) I'- I'- I'- I'- (V) "'</: "'</: "'</: "'</: I'- I'- <17 ... 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Il) ~ 0 0 if) = 0 0 0 0 ~ ~ p..., U = ~ i=1 Vl u E-- Q ::: I"ol al 0 0 z .... ,...., E-< - 0 .-< 01 M 'i" Of) '-D r-- 00 CJ', 0 .-< 01 M 0 .-< .-< .-< .-< ~ ~ Attachment number 1 Page 2 of 2 Itern ~ 8 Meeting Date: 1/17/2008 City Council Agenda Council Chambers - City Hall SUBJECT I RECOMMENDATION: Accept a Signal Utility Easement containing 238.90 square feet, more or less, over, across, and under a portion of Gulf-to-Bay Plaza lying and being situate in the Northwest 1/4 of the Southwest 1/4 of Section 18, Township 29 South, Range 16 East, as conveyed by Ellis & Company, LLLP, a Florida limited liability limited partnership, in consideration of receipt of $1.00 and the benefits to be derived therefrom. (consent) SUMMARY: Gulf-to-Bay Plaza was recently developed at Gulf-to-Bay Boulevard and South Belcher Road by Ellis & Company ("Grantor"). The City maintains a traffic signal cabinet and traffic light pole at the southwest corner of the property, just north of the main Belcher Road signalized entrance into the center, without benefit of an easement. Grantor's conveyance of the subject easement formalizes perpetual authority for the City to continue operating, maintaining and replacing the facilities as necessary. Review Approval: 1) Clerk Cover Memo Item # 19 ~JA ~~ ... . Attachment number 1 Page 1 of 3 . . . ~lLlfifmU;l___ w. ~ . . I . . . . - - - - - :;:I!i · ;,{i :.. . Attachment number 1 Page 2 of 3 . . . ff1 .~-..:-J {:\i ~~:_< i,~:~~i~ ~\_::.;. ::" \: ~~.... ~,~ . l~~~ ~ 1" ~ ~~ ~ ~[~~: ~ -..~ ~-r .;~:~ 1': ~ :~f~~ i;~"'-' .,.':~~ . ~ ~:~l~ ~y)~. ~~. ~~\~~:~~:~ ~:~ ~ ..~t:..r.j ~ ~~/\~~; . --... -" .-_. ---..- ~ -."". - -': ~,~;i~t~';~~;~;~lj1~~j~;i.~'; :' ~ ~ ".. ... .::"~;':.I~-<==: :i'~.~-:.......)~=::{.:.r"" "':'-\~..~J.'" -.,". ~.J1 r : 1::.~:;:.. <~:~~l-~~.~~~J.:;.:;);:~~.':~~>:r:.f:~~I.;>:~:::f~~J ~ .... ---.- - - "...... ---- --... -..... --. - . . w . - -- - -- ..~ mber 1 Attachment nu Page. of 3 . . . . . - r It II . - . . II . ~ . 1>.: ~<j i~ ~;'r.l r2.}i ~.[r~.;,:'ft '" ~ . . ~ I . Attachment number 2 Page 1 of 1 .: ( C:'~';:':'" -:-'':''::-':'~'-::'=::::-''-:-'':':-'':':-1! '1 !...; Ii I j :...:-..::.:::-:....-::.~-:'_.:.\. /.1 i( \'. '.. l_._._._ '--1 L.J (_.~. .-.-.) -.-.' -.- "-'- ,-,) j! !i Ii i! ! !i !i i! !! I ! I I I i i.::::::::==-.':::::::::-. ! !i i! ! ;::=::-:':::::;-I::"':':;-i ! I !! i' !i I i !! i! !i i i !! i! !i i i !I .! I. i i !i !! i! i . I' II '1 . ! .! !i !i ! <( ~ GULF-lO-BAY BLVD : I '~'<":"_:::::::::::._) i'.;.-~_.~..~..=:=..=.~ ~:.:)i; -j i' .. .-.-.-' i i [ j._f.-j j L.._._._._._.-' i i I ,-'-'-'-'-'-'; i O!i I ! a:: l.:-.:::-.:::-.:::-~'r:"-:=~ I I" i i 1'1 ! -.-.....j ~_._.// ----.-.-.-.1 a:: w I o .....J W a:l PROJECT SITE JAFFA PL ~I o I~ o BASCOM WAY z a:: a:: GROVEWOOD w <( I!I 0 z <( ~ MINNEOLA DR S Prepared by: Engineering Department Geographic Technology Division 100 S. Myrtle Ave, Clearwater, FL 33756 Ph: (727)5624750, Fax: (727)5264755 www.MClearwater.com SHELLEY >- 0::: o Z <( ....J S r"-. --- .-.---.-. --- .---.-.-. --- .-.-.- ! (_'_'_'_'_'_'_'_'_U) (_._._._._._._. I i.__._._._._._._._._.) l_._._._._._._. i (_._._._._._._._._.~, ('-'-'-'-'-'-'- I. \._._._._.___._._._._.i L._.___._._._._ ('---'-.-.-.-.---.-.-.-, ,--.-.-.-.-- ! ji ! ii ':=:=:=:=:=:=:=:=:=:=:=~ i r Ij l Ii -.-.-.-.-.-.-.-.-.-.-.-.' i (-'-'-'-'-'-'-'-'-'-'-'-1 j i ii ~..=-.=:=:=:=:::::.=-.=:=:=..d j ! Ii ! ji ..;::=::=:::.:::.:::.:::.::=:....~.:::.:::.:::: i i !! ;... _ _ _ _ _ _ _ _ _ _ J! if- - - - - - - - - - ',' .1 I' .1 I' . . '---------------------' ! ('--------------------'; I. I . I . I. I i '~._._._._._._._._._._.J . .---------------------, II : i' I i! j i ?:=:=:=:=:=:=:=:=:=:~ .1 I !i i. !~::...-::...-::....-::....-::....-::....-::...-::...-::....-: :....-:') RD o o o S I- W () > o 0::: N GULF TO BAY PLAZA w-<r' SIGNAL UTILITY EASE. Drawn By: SF Reviewed By: EB Date: 12/12/07 s Grid # 299A S-T-R 18-29S-16E Scalft. ~;JP~9 RD Meeting Date: 1/17/2008 City Council Agenda Council Chambers - City Hall SUBJECT I RECOMMENDATION: Approve a three-year Vegetation Control & Lake Maintenance Contract to Biological Research & Associates (BRA) in the estimated amount of $475,000.00and authorize the appropriate officials to execute same. (consent) SUMMARY: A request for proposal (RFP 02-08) produced five qualified bidders who were later interviewed, then rated and ranked by City staff. The review staff comprised members from Engineering/Environmental/Stormwater, Parks & Recreation, and Public Services. This contract will be evaluated and renewed annually for up to three years. This contract will include the City's two large environmentally sensitive stormwater facilities, Kapok Park & Glen Oaks Park. BRA currently holds the existing contract and was ranked highest of the respondents. Their high ranking was largely due to their past performance record and expertise in mitigation monitoring. First year award will be in the amount of $138,118. Due to the completion of other Capital Projects (Lake Bellevue and Alligator Lake) costs are expected to increase in years two and three of this contract. Sufficient budget and revenue are available in Stormwater Management Operations to fund the current year contract. Future years, funding will be included in the Stormwater recommended operating budget from the Manager. Type: Current Year Budget?: Budget Adjustment Comments: Current Year Cost: Not to Exceed: For Fiscal Year: Operating Expenditure Yes Budget Adjustment: No $138,118 $475,000.00 2008 to 201 0 Annual Operating Cost: Total Cost: $475,000.00 Appropriation Code 0419-01365-530300-539-000- 0000 Amount 138,118.00 Appropriation Comment Bid Required?: Other Bid I Contract: Review Approval: 1) Clerk Yes Bid Number: Bid Exceptions: None Cover Memo Item # 20 E-- U ~ E-- Z o u ~ u z < z ~ E-- ~I-' ~~ ~~ z~ <~ ~I-' Oz ~=q;: E--z 8~ z~ OZ .....< E--~ <~ E--..... tS> ~~ >z ~o E--..... o~ ~..... ~~ ~~ z~ <00. ~ u z < 00. ..... ~ Z QO o I N o ~ ~ 8 .. o ~ OJ) = :; = ~ ~ "0 = ~ OJ) = ... ~ ~ = ~ ~ - C"l ........ M "1'" If) -; .. Q) > 0 '" = = '" 0 ..., M C"l ........ "1'" If) -= ~ :. ~ rfJ "Q ~ 011 0 = ~ C"l ........ M "1'" If) :.E&l = 0 = ~ ~ ~ -; = :. "0 Q) "S: = "Q :.a :. = ~ C"l "1'" ..... ~ ........ M If) ..... lJ :. ~ '" Q) = '" Q) C"l C"l "1'" -= ........ If) U "Q ~ -; 0 0 0 0 0 ..... t"- o 0 If) 0 0 ........ 00 ........ ........ t"- E-- 00 ........ M "1'" 0 ..... 'D ........ C"l M 0 c.J Q) 'D~ 00 '-Ci 00 If) "-' ........ M 00 C"l If) 0 :. ........ ........ ........ ........ ........ ~ V7 V7 V7 V7 V7 ..... = Q) e Q) 011 ~ '" = ..... ~ = ~ ~ ..... '" '" -= :. ~ e Q) "= '" ..... = '" Q) ~ Q) ..... 0 011 '" U e ~ >. ~ '" Q) = 0 ~ 0 U 0" c.J ~ < ~ ~ ~ ....:l Attachment number 1 Page 1 of 1 Item # 20 Attachment number 2 Page 1 of 7 SECTION II TECHNICAL SPECIFICATIONS SCOPE OF WORK Three Year Contract for Nuisance & Exotic Vegetation Control and Maintenance on City Lakes, Ponds, Environmental/Stormwater Monitoring Facilities, Channels, Gabion Structures and Immediately Adjacent Transitional Areas (RFP 02-08) The project is for the purpose of controlling nuisance/exotic species in lakes, man-made ponds, environmentallstormwater monitoring facilities, channels, gabion structures and immediately adjacent transitional including depositional areas of ponds within the City of Clearwater jurisdiction. Management of this project shall be done in an acceptable manner so as to maintain functioning wildlife habitat as well as being visually acceptable. The program shall be an integrated program that incorporates the different treatments available for aquatic systems throughout the City for period of one year. This may be accomplished with a combination of biological, manual, mechanical, and chemical controls with emphasis on the reduction in the use of chemicals. Maintenance of each of these properties shall be done six to twelve times a year, depending on the site, to provide for a well-balanced and natural habitat. Submission of credentials for the certified biologist(s) on staff with a mInImUm three years experience in their particular trade and who provide a minimum of three references relating specifically to the type of work that shall be performed for this project must be included in the bid packet. Work under this contract shall include the furnishing of all labor, material, equipment, supervision, transportation and other services necessary to do the required maintenance at the designated areas as specified herein. SPECIFIC CONDITIONS. 1. Maintain control of nuisance/exotic vegetation in and adjacent to City owned lakes, ponds, channels, gabion structures and immediately adjacent transitional including depositional areas, within the surface waters referenced in the List of Waterbodies in Table 1. Site maps are attached delineating the areas of maintenance. Brown lining (intentionally eradicating all vegetation) of adjacent transitional areas is prohibited. 2. The contractor shall submit a maintenance program that contains a schedule detailing work protocol that will be followed for the length of the contract within two weeks of the award of contract. Upon approval of the maintenance program by City staff, work shall commence forty- eight hours after approval. 3. Access to all sites shall be the sole responsibility of the contractor. 4. Sites must be maintained with less than five percent of nuisance/exotic vegetation. Upon inspection by the City, any site(s) that the City staff deems to contain more than five percent exotic/nuisance vegetation will result in non-payment of services. 1 Item # 20 Attachment number 2 Page 2 of 7 TABLE 1 LIST OF W A TERBODIES Name Location Acreage Linear Feet Lakes and Ponds Lake Hobart Maple Street & Baker Avenue 1.0 1400 Lake Hibiscus Kings Highway & Hibiscus Avenue 2.0 1857 Crest Lake Cleveland Street & Gulf to Bay Blvd. 12.8 2969 Terrace Lake Graham Avenue & McKinley St. 2.1 1248 Westchester Lake Saba! Springs Drive 1.3 1114 Lake Bellevue Greenwood Avenue & Lakeview Avenue 24.6 5343 Lake Tangerine Lake Avenue & Lakeview Avenue 0.6 553 Cypress Bend Pond Cypress Bend Drive 2.6 2198 Hampton Road Pond Hampton Road north of Gulf to Bay 0.3 438 Sall's Lake 2935 St. Criox (just north side) 1.7 628 Lake Lucille Long Street and Murray Avenue 5.5 1954 Linn Lake Druid Road & Betty Lane 2.6 4525 Rice Lake Bellair Road & Evergreen Street 1.7 2629 Lake Julia Druid Road & Brookside Drive 1.1 1784 Arcturas Avenue Pond Arcturas Avenue north of Rainbow Avenue 0.8 593 Drew Street Pond Drew Street east of Hampton Road 0.5 634 Prospect Lake Prospect Ave. in downtown Clearwater 3.8 2133 Creeks, Channels, and Ditches Byram Ditch Byram Drive & Kings Highway 1.4 1359 Allen's Creek Nursery Road & Embassy Drive 1.3 2709 Right-of-Ways West Drive West Drive & South Drive 0.5 419 Florida Power ROW Driftwood Avenue 3.2 3358 Landmark Dr. Area Landmark Dr & Enterprise Rd 1.7 2190 Waterbodies within Parks and Recreational Areas Frank Tack Park Sunset Point Road & Hercules Avenue 1.7 1299 D.D. Davis Park Landmark Drive & Marlo Blvd. 0.8 1010 Cliff Stephen's Park Fairwood Avenue 16.9 11274 Allen's Creek Park Hercules Avenue & Lakeview Avenue 16.5 15585 Cooper's Bayou Park Bayshore Blvd. & San Bernadino Street 9.2 1237 Lake Chautauqua Park Landmark Dr & Lake Chautauqua Park 4.2 780 Moccasin Lake Park End of Owens Dr, South ofD.S. 590 0.8 930 Environmental/Stormwater Monitoring Facilities Glen Oaks Park 1308 & 1345 Gulf to Bay Blvd 11.6 6849 Kapok Park 2950 Glen Oaks Ave. North 16.3 9254 5. Contractor shall collect all trash and debris in the subject treatment areas and dispose off site at each maintenance event. Proper disposal of collected trash and debris is the responsibility of the Contractor. Extraordinary amounts of debris caused by hurricanes, tornadoes, vandalism, etc., would be the responsibility of the City of Clearwater. The Contractor shall report such accumulations of debris when encountered, in a timely manner. 2 Item # 20 Attachment number 2 Page 3 of 7 6. Gabion structures/retaining walls (defined as denoted gabion on the site maps) shall be sprayed for any nuisance/exotic species with the appropriate herbicide. 7. The Contractor shall be responsible for damage caused by the Contractor or his/her employees to any plant material or site feature. The Contractor shall notify the City in writing of the specific nature and cause of the damage and repair such damage at no cost to the City of Clearwater. 8. The contractor is required to have Florida Workers' Compensation Insurance applicable to its employees, including Employers' Liability as well as submit a copy to the City of Clearwater. 9. The Contractor shall install turbidity control in the work area when performing activities that may allow sediment or debris to be discharged downstream. 10. Any purposed chemical treatment must adhere to the following best management practices: (a) Follow all specific-labeling requirements. (b) Copper-based chemicals are not permitted. (c) Drift retardant and tracing dyes shall be used on all sites at all times for inspection purposes. (d) When using herbicides and pesticides that may harm human and/or domestic animals the contractor shall notify in advance all homes affected by the treatment. (e) All applicators must maintain current licenses from the Department of Agriculture and Consumer Services for the spraying of herbicides and pesticides on any City owned property and provide copies to the City. 12. The control of nuisance and exotic vegetation shall include the List of Invasive Species from the Florida Exotic Pest Plant Council with any updates to that list (to include category I and II) and also include the following species listed in Table 2: TABLE 2 ADDITIONAL SPECIES TO BE REMOVED Species Common Name Lemna minor Duckweed Spirodela polyrhiza Giant duckweed Wolffia spp. Water meal Wolffiella floridana Bog mat 13. All aquatic system maintenance including treatment of depositional areas, spraYIng of adjacent transitional areas, and removal of trash and debris shall be completed during each maintenance event, with the City being notified with a weekly report of completion by email/mail for inspection. Failure to notify the City for completed work will result in non- payment of services. Some sites may qualify for an exemption upon prior authorization by the City. 3 Item # 20 Attachment number 2 Page 4 of 7 14. Upon receiving notification from the Contractor, the City shall inspect the serviced location within 48 hours following the next business day. If, upon inspection, the work specified has not been completed, the City shall contact the Contractor to indicate the necessary corrective measures. The Contractor will be given 48 hours from this notification to make appropriate corrections. If the work has been completed successfully then the City will pay for services invoiced. 15. The Contractor shall maintain individual monthly maintenance reports which shall include: location treated, type of waterbody treatment, amount of chemical use, immediate adjacent transitional treatment, mechanical equipment used, plant species controlled, ambient weather conditions, mention any trash removed from waterbody, and any relevant information concerning the program, such as recommended actions to be taken. 16. Two copies of the monthly maintenance reports and treatment schedule for the following month shall be submitted along with monthly invoice to the City. 17. Contractor shall provide three copies of an "annual report," in tabular form, with photographic documentation of before and after, summarizing all activities and proposing a list of recommendations to be implemented in the following months and years. This report is due annually on February 8. 18. All employees of the Contractor shall be considered to be at all times the sole employees of the Contractor under his/her sole direction and not an employee or agent of the City. The Contractor shall supply a list of employee's credentials and will be required to complete all maintenance work with direct employees of the company. The Contractor shall supply competent and physically capable employees and the City may require the Contractor to remove an employee it deems careless, incompetent, insubordinate, or otherwise objectionable and whose continued employment on City property is not in the best interest of the City. 19. The City reserves the right to add/delete a location, area, and frequency of sites from the Contract upon written notice. Payment for additional sites will be based on contractors site assessment and quote, with approval by the City. 20. Frequency of spraying/mechanical maintenance shall be done at a minimum of contract requirements per year, per site. 21. The method of payment will be per site per month. Invoices must be submitted itemizing cost per site on a monthly basis. Payments will be disbursed monthly for this project. SITE SPECIFIC INSTRUCTIONS The Nuisance and Exotic Vegetation Control and Maintenance Contract includes thirty-one sites throughout the City. A list of these sites and treatment frequency are presented in Table 3. 4 Item # 20 Attachment number 2 Page 5 of 7 TABLE 3 MAINTENANCE SITES AND TREATMENT FREQUENCY Acreage Linear Treatment Frequency! Name Feet Lakes and Ponds Lake Hobart 1.0 1400 6x/year Lake Hibiscus 2.0 1857 6x/year Crest Lake 12.8 2969 6x/year Terrace Lake 2.1 1248 6x/year Westchester Lake 1.3 1114 6x/year Lake Bellevue 24.6 5343 6x/year Lake Tangerine 0.6 553 6x/year Cypress Bend Pond 2.6 2198 6x/year Hampton Road Pond 0.3 438 6x/year Sall's Lake 1.7 628 6x/year Lake Lucille 5.5 1954 6x/year Linn Lake 2.6 4525 lx/month Rice Lake 1.7 2629 lx/month Lake Julia 1.1 1784 lx/month Arcturas Avenue Pond 0.8 593 lx/month Drew Street Pond 0.5 634 lx/month Prospect Lake 3.8 2133 lx/month Creeks, Channels, and Ditches Byram Ditch 1.4 1359 lx/month Allen's Creek 1.3 2709 lx/month Right-of-Ways West Drive 0.5 419 6x/year Florida Power ROW 3.2 3358 lx/month Landmark Dr. Area 1.7 2190 lx/month Waterbodies within Parks and Recreational Areas Frank Tack Park 1.7 1299 6x/year D.D. Davis Park 0.8 1010 6x/year Cliff Stephen's Park 16.9 11274 lx/month Allen's Creek Park 16.5 15585 lx/month Cooper's Bayou Park 9.2 1237 lx/month Lake Chautauqua Park 4.2 780 lx/month Moccasin Lake Park 0.8 930 lx/month Environmental/Stormwater Monitoring Facilities Glen Oaks Park 11.6 6849 2x/month Kapok Park 16.3 9254 2x/month 1 Based on monthly reports, frequencies are subject to increase or decrease. 5 Item # 20 Attachment number 2 Page 6 of 7 Lakes and Ponds Seventeen lakes and ponds are part of the control and maintenance contract. Based on past experiences, six sites require treatment every month. The remaining eleven sites require a monthly drive-by site assessment to determine the necessity of treatment. These eleven sites should be treated a minimum of six times a year depending on the need for vegetation control. Creeks, Channels, and Ditches The two linear waterways included in this contract, Byram ditch and Allen's Creek, reqUIre control and maintenance every month. Right-of- Ways Three areas in or near the right-of-way (ROW) require control and maintenance. West Drive requires a monthly drive-by site assessment to determine the necessity of treatment. This site should be treated a minimum of six times a year depending on the need for vegetation control. The Florida Power ROWand the Landmark Drive Area should be treated monthly. Landmark Drive Area is composed of a stormwater treatment pond, a mitigation area, and an undeveloped area of native vegetation area adjacent to Mullet Creek. All areas are to be maintained to control exotic and nuisance species. Parks and Recreational Areas Six park and recreation areas are included in the control and maintenance contract. Frank Tack Park and D.D. Davis Park require a monthly drive-by site assessment to determine the necessity of treatment. These sites should be treated a minimum of six times a year depending on the need for vegetation control. The remaining four parks should be treated monthly. Allen's Creek Park requires the maintenance of an eastern upland area of native vegetation, approximately 5.1 acres. This area is to be managed to preclude the invasion of exotic and nuisance species monthly. Environmental/Stormwater Monitoring Facilities Glen Oaks Park and Kapok Park are unique environmental areas, which will require more detailed maintenance twice a month. Maintenance events shall include manual removal of nuisance and exotic species and selective application of herbicide. In addition to the monthly maintenance reports, a detailed letter report for Glen Oaks Park and Kapok Park shall be submitted which documents current site conditions, describes maintenance activities conducted; and recommends future actions. Glen Oaks Park and Kapok Park may require replanting of aquatic vegetation, with a combination of the following species listed in Table 4: 6 Item # 20 Attachment number 2 Page 7 of 7 TABLE 4 REPLANTING SPECIES Species Common Name Pontederia lancifolia Pickerelweed Spartina bakeri Cordgrass Saururus cernuus Lizard's tail Sagittaria latifolia Arrowhead Nymphaea odorata Water lily Scirpus calidus Soft stem bulrush Stock shall be Florida Number One Grade. The plant stock must be pre-approved by City staff for appropriate size and species with a guaranteed survival of a minimum of one year. 7 Item # 20 Attachment number 3 Locations 1. Lake Hobart 2. Lake Hibiscus 3. Crest Lake 4. Terrace Lake 5. Westchester Lake 6. Lake Bellevue 7. Lake Tangerine 8. Cypress Bend Pond 9. Hampton Rd Pond 10. Sail's Lake 11. Lake Lucille 12. Linn Lake 13. Rice Lake 14. Lake Julia 15. Arcturas Ave Pond 16. Drew Street Pond 17. Prospect Lake 18. Byram Ditch 19. Allen's Creek 20. West Dr 21. Florida Power ROW 22. Landmark Dr Area 23. Frank Tack Park 24. D.o. Davis Park 25. Cliff Stephen's Park 26. Allen's Creek Park 27. Cooper's Bayou Park 28. Lake Chautauqua Park 29. Mocassin Lake Park 30. Glen Oaks Park 31. Kapok Park Clearwater Service Area ( (( )~mL 1/;00 U L~q 0 0 ~ I~D 0 m oqoOl DtJDD D~OU DDD cg ~DD = t: ~r~U' c:: I --1 sO! 1Di Prepared by: Engineering Department Geographic Technology Division 100 S. Myrtle Ave, Clearwater, FL 33756 Ph: (727)562-4750, Fax: (727)526-4755 www.MyClearwater.com Map Document: (V:IGISIEnvironmentaIICity lake pond channel MaintenancelLake pond channel Maint_11 x17 Jocation map.mxd) 12/26/2007 -- 10:02:40 AM l"~!MENT L Attachment number 4 Page 1 of 3 CONTRACT This CONTRACT made and entered into this 4th day of January, 2008 by and between the City of Clearwater, Florida, a municipal corporation, hereinafter designated as the "City", and Biological Research & Associates, of the City of Riverview, County of Hillsborough and State of Florida, hereinafter designated as the "Contractor". WITNESSETH: That the parties to this contract each in consideration of the undertakings, promises and agreements on the part of the other herein contained, do hereby undertake, promise and agree as follows: The Contractor, and his or its successors, assigns, executors or administrators, in consideration of the sums of money as herein after set forth to be paid by the City and to the Contractor, shall and will at their own cost and expense perform all labor, furnish all materials, tools and equipment for the following: Nuisance & Exotic Vegetation Control and Maintenance on City Lakes, Ponds, Environmental/Stormwater Monitoring Facilities, Channels, Gabion Structures, and Immediately Adjacent Transitional Areas, as defined in RFP 02-08 in the amount of$138, 118.00 In accordance with such proposal and technical supplemental specifications and such other special provisions and drawings, if any, which will be submitted by the City, together with any advertisement, instructions to bidders, general conditions, proposal and bond, which may be hereto attached, and any drawings if any, which may be herein referred to, are hereby made a part of this contract, and all of said work to be performed and completed by the contractor and its successors and assigns shall be fully completed in a good and workmanlike manner to the satisfaction of the City. If the Contractor should fail to comply with any of the terms, conditions, provisions or stipulations as contained herein within the time specified for completion of the work to be performed by the Contractor, then the City, may at its option, avail itself of any or all remedies provided on its behalf and shall have the right to proceed to complete such work as Contractor is obligated to perform in accordance with the provisions as contained herein. THE CONTRACTOR AND HIS OR ITS SUCCESSORS AND ASSIGNS DOES HEREBY AGREE TO ASSUME THE DEFENSE OF ANY LEGAL ACTION WHICH MAY BE BROUGHT AGAINST THE CITY AS A RESULT OF THE CONTRACTOR'S ACTIVITIES ARISING OUT OF THIS CONTRACT AND FURTHERMORE, IN CONSIDERATION OF THE TERMS, STIPULATIONS AND CONDITIONS AS CONTAINED HEREIN, AGREES TO HOLD THE CITY FREE AND HARMLESS FROM ANY AND ALL CLAIMS FOR DAMAGES, COSTS OF SUITS, JUDGMENTS OR DECREES RESULTING FROM ANY CLAIMS MADE UNDER THIS CONTRACT AGAINST THE CITY OR THE CONTRACTOR OR THE CONTRACTOR'S SUB-CONTRACTORS, AGENTS, SERVANTS OR EMPLOYEES RESUL TING FROM ACTIVITIES BY THE AFOREMENTIONED CONTRACTOR, SUB-CONTRACTOR, AGENT SERVANTS OR EMPLOYEES. PDFConvert.5360.1.Biological Research and Assoc contract! Page 1 Revisd&iem9Jt@ Attachment number 4 Page 2 of 3 CONTRACT (2) In addition to the foregoing provisions, the Contractor agrees to conform to the following requirements: In connection with the performance of work under this contract, the Contractor agrees not to discriminate against any employee or applicant for employment because of race, sex, religion, color, or national origin. The aforesaid provision shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; lay-off or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post hereafter in conspicuous places, available for employees or applicants for employment, notices to be provided by the contracting officer setting forth the provisions of the non-discrimination clause. The Contractor further agrees to insert the foregoing provisions in all contracts hereunder, including contracts or agreements with labor unions and/or worker's representatives, except sub-contractors for standard commercial supplies or raw materials. It is mutually agreed between the parties hereto that time is of the essence of this contract, and in the event that the work to be performed by the Contractor is not completed within the time stipulated herein, it is then further agreed that the City may deduct from such sums or compensation as may be due to the Contractor the sum of $1.000.00 per day for each day that the work to be performed by the Contractor remains incomplete beyond the time limit specified herein, which sum of $1.000.00 per day shall only and solely represent damages which the City has sustained by reason of the failure of the Contractor to complete the work within the time stipulated, it being further agreed that this sum is not to be construed as a penalty but is only to be construed as liquidated damages for failure of the Contractor to complete and perform all work within the time period as specified in this contract. It is further mutually agreed between the City and the Contractor that if, any time after the execution of this contract and the surety bond which is attached hereto for the faithful performance of the terms and conditions as contained herein by the Contractor, that the City shall at any time deem the surety or sureties upon such performance bond to be unsatisfactory or if, for any reason, the said bond ceases to be adequate in amount to cover the performance of the work the Contractor shall, at his or its own expense, within ten (10) days after receipt of written notice from the City to do so, furnish an additional bond or bonds in such term and amounts and with such surety or sureties as shall be satisfactory to the City. If such an event occurs, no further payment shall be made to the Contractor under the terms and provisions of this contract until such new or additional security bond guaranteeing the faithful performance of the work under the terms hereof shall be completed and furnished to the City in a form satisfactory to it. PDFConvert.5360.1.Biological Research and Assoc contract! Page 2 Revisd&iem'1i!k.@ Attachment number 4 Page 3 of 3 CONTRACT (3) IN WITNESS WHEREOF, the parties to the agreement have hereunto set their hands and seals and have executed this Agreement, in duplicate, the day and year first above written. CITY OF CLEARWATER IN PINELLAS COUNTY, FLORIDA (Seal) By: William B. Horne, II City Manager Attest: Countersigned: Cynthia E. Goudeau, City Clerk Approved as to form: By: Frank Hibbard, Mayor-Councilmember Leslie Dougall-Sides Assistant City Attorney (Contractor must indicate whether Corporation, Partnership, Company or Individual.) Biological Research & Associates (Contractor) By: (SEAL) (The person signing shall, in his own handwriting, sign the Principal's name, his own name, and his title; where the person is signing for a Corporation, he must, by Affidavit, show his authority to bind the Corporation). PDFConvert.5360.1.Biological Research and Assoc contract! Page 3 Revisd&iem'1i!k.@ Meeting Date: 1/17/2008 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Reappoint Ron Whitcomb to the Parks and Recreation Advisory Board with the term expiring on January 31, 2012. (consent) SUMMARY: The Appointment Worksheet is attached. Review Approval: 1) Clerk Cover Memo Item # 21 Attachment number 1 Page 1 of 1 APPOINTMENT WORKSHEET BOARD: Parks and Recreation Board TERM: 4 years APPOINTED BY: City Council FINANCIAL DISCLOSURE: Not Required RESIDENCY REQUIREMENT: City of Clearwater SPECIAL QUALI FICA TIONS: None MEMBERS: 7 CHAIRPERSON: Jonathan R. Wade, Sr. MEETING DATES: 4th Tues., 6:30 pm PLACE: MSB Conference Room 130 APPTS. NEEDED: 1 THE FOllOWING ADVISORY BOARD MEMBER(S) HAVE TERMS WHICH EXPIRE AND NOW REQUIRE EITHER REAPPOINTMENT FOR A NEW TERM OR REPLACEMENT BY A NEW APPOI NTEE. 1. Ron Whitcomb -1009 Pearce Dr., #210,33764 - Retired Original Appointment 01/15/04 (4) Absences in the past year Interested in Reappointment: Yes (1st Term expires 01/31/08) THE FOllOWING NAMES ARE BEING SUBMITTED FOR CONSIDERATION TO Fill THE ABOVE VACANCIES: 1. Gerald J. Thompson - 2666 Cascade Court, 33761 - Sales/Owner Zip codes of current members on board: 2 at 33755 1 at 33761 2 at 33764 1 at 33765 1 at 33767 Item # 21 Attachment number 2 Page 1 of 1 RECEIVED DEe 08 2003 CITY OF CLEARWATER - APPLICATION FOR ADVISORY BOARDS (must be Clearwater resident) OFFICIAL RECORDS AND U I J. /' ~EGISLATIVE SRVCS DEPT Name: &N WH / rCL>,/VJ f? Home Address: / CJo9 ,J/ntecL=- Df(. * 2/ ~ Clt:'7heW.4-JVe. FL Zio 337~/l Telephone: 72-7-tt:,Cj;Sf 7R Office Address: ..--., How long a resident of Clearwater? Occupation: ;P t171<( 1:7) Field of Education: Ii /6-# Sc If()oL - 19.)7 Zio Telephone: t::~ u;, -]':2-7 - .A-ill'- 9Stx 7 S/A!C{; 19S8 Employer: Other Work Experience: 7l</}~i 'f~{/,e {Jff;/2~lOR. IN ~?W Mt:IIJ FfJt< /.jy RS', If retired, former occupation: ///llfn/i!Yt::.'1C'- FCKi:---reo "J/R()rJ!- Q~.p. ~ It $'k'5'~ Community Activities:5-.vf'f'~J liB- ~ 1/J~/7;-,e'5 RECRE7J-nON Pl?b(ff2-IJ/Vl g. ()fIe1< '/JfF ~- CLw.flIlU/5: U-N Bl>tv18~S. c;;'-IA.Jf//~IJ.5(:. ~m0S70FALL , , Oth~ Interests: c.. Vf-LS:tI Nfl/I Pt.-ex -;It;Y/.El'tf6t;Je r51t1/cF /T cft~7V. H L So. ON' .f), D D &, S!:fljl.- ~.~.fP os. Board Service (current and past): Board Preference: ./'1'01\1 E f#1eK9 ;?l?a!?r/J.:nb.t1I AOY/5i>~ Y OJ), Please return this application & board questionnaire for each board listed to: City Clerk's Department, P. O. Box 4748, Clearwater, FL 33758-4748 or drop off at City Hall, 2nd Floor, 112 S. Osceola Avenue Item # 21 Attachment number 2 Page 1 of 1 BOARD QUESTIONNAIRE 1. What is your understanding of the board's duties and responsibilities? 'lP(11/J-!JY'(?J-/1'f Y- I'M PR~Ut TtfE rtJv/i-I-ITV 6 F S' c-e II ( ~ E wE" tflJ-flE #11-1> I r1I C! tE7}-I2 trJ /J-777l2. , 1:> 11 IfF5/N7J'T:J. / ITI'IJ ;L>1?~()j) n TEU- ~P,-F jl/1}r 'T7f/g IS 71tE ;3~ ~/TY IN 'T/fE WtJ/€t,.]) 71J L-l ~ 2. Have you ever observed a board meeting either in person or on G-View, the City's TV station? C(6;--S; 0-11 e.-ifi EW 3. What background and/or qualifications do you have that you feel would qualify you to serve on this Board? OIl;:=- ~ J7{t:-M7fIlY Tf!pV6'-S' 71frt-T t11B-I<~S (!u7fRW4J-ae {/ffl (j5 or; FROrII 071/1:72 CIJlI?:S' /5"' TffFl/f /YJIJ/IIJ' PARIC~ f- If 1:7 ~f:-&T7 ~'1/ ;f)-RrflS 'T/fRl; WYfIlJ efT TIfF: CJ TY I ') / IN (0 1-lf~S /ftu 1t6F @RJ vf!S fj/AtPF BF/fvTlrC/Li-'t KePT: 4. Why do you want to serve on this Board? j00VE ;VI 'f 5(J,:J;:JtJRT 70 TilE l>f3'P"T /?) t/)41 T//lIr)~ n JA;dR,~ IJF Au- T~ Mc7f> OF I?t;C~n/)JJ 'if' p,#?J:5 1/\/ J1I-E ctrr, 7l/Mf(S RJR 'i~ (/12 t/bA/9/a:.I(2~nt)~, Name: ~ Mr'jCot>2/3 Board Name: rMJ(5~ ff~.E71-T/dAJ ;)j)vr~t)I2V /dD 19-1< b Item # 21 Attachment number 3 Page 1 of 1 CITY OF CLEARWATER - APPUCATION FOR ADVISORY BOARDS (must be Clearwater resident) Name: GA:A At /.) Home Address: :? (, c.. h aA-~ tA tJ I'Z- {! tJ I{ I.! -r C tsAII.uJ'rr/&t<... ~L. liD *33 761 Telephone: 72-7 - 791 -t, Z 3 ) How long a resident of Clearwater? /~ V~ ~ / Occupation: ~k/A/.IZA Field of Education: Y f-GAA /-l()lLillJ'J, .::r -r//d'1lJ::4A/ Office Address: bS"/1 Y3r:ttl ~r Pd,. UJ14'T"/HtJ7' ~~ API;.I<} rL ZiD 337ft/ Telephone: 7 27-$"2S- -?;K~ ~, Employer: Coa&rr t3qo~J2~ Other VVork Experience: ~~. If retired, fonner occupation: Community Activities: L.J:. "/-rL-K., LJ'{.,JIV, "'liE.. RECEIVED .J.Mj 22 '007 QJ:J;ICIAL AiCOIe8 AND , bt /III ~A?~~11VE SRVcs DEPT Other Interests: . 5)(~f,.r r 7i<1IjJ. 5/100 I;~ Board Service (current and past): Board Preference: 81Ah~&R.IE-i4:r~ #()v~~y ~IJA-Ii 0 ' AdcfIIIoMI COnvMnII: -? Signed. Date: ,,_~) / 'f Z-t!Jd ;7 U / See attached list boards that require financial disclo8ure at time of appointment. Please retum this application and board questionnaire to the 0ftIciaI Records & LegislatNe Services Department, P. O. Box 4748. ClealW8ter, FL 33758-4748. or drop off your application at City Ha". 2nd Floor. 112 S. Osceola Avenue. Item # 21 ~lbf:~T1r~1~g"~;~F~j>:':;:'7~:i':~:i:,;r",;;"'-'Y' Page 1 of 1 BOARD QUESTIONNAIRE 1 . What is your understanding of the board's duties and responsibilities? I!fJv:::r~flIZ.> IAAJi~f(;E..G, ~c:::z~z -r~IL.L . . / ;:C,HffAoI'JIZ,>>4~/VT<t5 (t.6'V'/.) -:r"T~~,- ~ d)4.Y'~I'/'?~~ I 2. Have you ever observed a board meeting either In person or on C-View, the City's TV station? ft/P 3. What background and/or qualifications do you have that you feel would qualify you to serve on this Board? LI A/.tJ ~~ T ~.....v1.:J ~,A/rJ ~ / I!L ~ A wA- 7A:.A-. //Ap/"# .t-~LJH,,?-r #A/UJs '&A.. /U7UA&-. &~~L 7 ' . r~AUP/E.rl1~}f./;- --/P Ok/.:}. RA. 77/Au i:?~r d~AUlJt-~ 4" Why do you want to serve on this Board? 5~ ,4-A.A/F~A/u..~ /J~.s. -&v~ ~p/l-~r -r#/I"'- , P /l. Ab l/~ ~AJ/'.t.:Z:$hI.-t!::-, " ~ Name: Board Name: Item # 21 Meeting Date: 1/17/2008 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Adopt Resolution 08-02, supporting the Florida League of Cities' legislative priorities. SUMMARY: The Florida of League of Cities Board of Directors has asked each of Florida's municipalities to adopt a resolution that supports the League's key issues during the 2008 State Legislative Session. The Resolution urges the Florida Legislature to support legislation that: . Reauthorizes the affordable housing trust funds, preserves the documentary stamp fee as the trust funds' funding source and removes the legislative cap on fund distribution; . Enhances public notice of and participation in state environmental permitting processes; . Fully funds growth management mandates and provides municipalities with state and local option revenue sources; . Allows municipalities and counties to reclassify businesses, professions, and occupations and establish new rate structures for local business taxes on a periodic basis; . Enhances municipal control over municipal employee pension plan management and funding; . Preserves and protects property rights of mobile home owners, when mobile home parks are rezoned, but not in a manner that requires removal costs to be the responsibility of local governments; . Broadens municipal home rule to issue tax-increment financed bonds and other forms of indebtedness without approval by referendum; . Provides an equitable, dedicated and recurring revenue source for municipal transportation projects and opposes legislation that diverts state transportation trust fund revenues to balance the state budget; . Prohibits the Florida Department of Transportation from eliminating, deferring or delaying capacity improvement projects contained in the 5-year Work Plan when it negatively impacts the comprehensive plan of the local government; . Authorizes the use of electronic traffic infraction detectors at traffic intersections; and . Maintains or increases funding of the state Water Protection and Sustainability Trust Fund. Review Approval: 1) Clerk Cover Memo Item # 22 Attachment number 1 Page 1 of 2 RESOLUTION NO. 08-02 A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA, URGING MEMBERS OF THE FLORIDA LEGISLATURE TO SUPPORT THE FOLLOWING ISSUES DURING THE 2008 LEGISLATIVE SESSION; PROVIDING THAT A COPY BE PROVIDED TO CERTAIN STATE OFFICIALS; PROVIDING AN EFFECTIVE DATE. WHEREAS, as Florida's population continues to increase, cities are challenged to meet the service demands and infrastructure needs to account for new growth; and WHEREAS, a majority of Florida's municipalities are challenged to meet the increasing infrastructure, affordable housing, transportation, and water quality needs of their citizens; and WHEREAS, the state has imposed greater accountability In comprehensive planning and fiscal feasibility standards on municipalities; and WHEREAS, Florida's municipalities are dependent on other governmental entities for financial stability and presently the state, counties, and school districts, control every funding source that has been authorized for implementing growth management capital improvements and complying with concurrency requirements; and WHEREAS, municipal self-determination and local self-government are constantly under attack from a variety of public and private interests; and WHEREAS, the role and function of municipal government is constantly evolving from new demands from its citizens and businesses; NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. That the City of Clearwater urges Governor Charlie Crist and members of the Florida Legislature to support legislation that: . Reauthorizes the affordable housing trust funds, preserves the documentary stamp fee as the trust funds' funding source and removes the legislative cap on fund distribution; . Enhances public notice of and participation in state environmental permitting processes; . Fully funds state growth management mandates and provides municipalities with state and local option revenue sources to meet financial feasibility requirements and infrastructure demands; . Allows municipalities and counties to reclassify businesses, professions, and occupations and establish new rate structures for local business taxes on a periodic basis; Resolution Ndt~ :/172.2 Attachment number 1 Page 2 of 2 . Enhances municipal control over municipal employee pension plan management and funding; . Preserves and protects property rights of mobile home owners, when mobile home parks are rezoned, but not in a manner that requires removal costs to be the responsibility of local governments; . Broadens municipal home rule and other authority to issue tax-increment financed bonds and other forms of indebtedness without approval by referendum; . Provides an equitable, dedicated and recurring revenue source for municipal transportation projects and opposes legislation that transfers or diverts state transportation trust fund revenues to balance the state budget; . Prohibits the Florida Department of Transportation from eliminating, deferring, or delaying capacity improvement projects contained in the 5-year Work Plan when it negatively impacts the comprehensive plan of the local government; . Authorizes the use of electronic traffic infraction detectors at traffic intersections; and . Maintains or increases funding of the state Water Protection and Sustainability Trust Fund. Section 2. That a copy of this resolution shall be provided to Governor Charlie Crist, Senate President Ken Pruitt, House Speaker Marco Rubio and members of the Florida Legislature. Section 3 That this Resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this day of ,2008. Frank V. Hibbard Mayor Approved as to form: Attest: Leslie K. Dougall-Sides Assistant City Attorney Cynthia E. Goudeau City Clerk 2 Resolution Ndt~ :/172.2 SUBJECT / RECOMMENDATION: City Manager Verbal Reports SUMMARY: City Council Agenda Council Chambers - City Hall Meeting Date: 1/17/2008 Review Approval: 1) Clerk Cover Memo Item # 23 u. o ~.'.:: U Interoffice Correspondence Sheet rwater MEMORANDUM TO: City Council VIA: William Horne, City Manager FROM: Michael D. Quillen, P.E., Director of Engineering cc: Cyndie Goudeau, City Clerk DATE: January 17, 2008 RE: Beachwalk Project - Red Roof Inn Considerations As requested during Monday's Work Session staff has compiled the following information concerning Beachwalk improvements under construction adjacent to the Red Roof Inn. . Medjool Date Palms- The approved plan calls for five palms at the south gateway. Three of the palms located as a backdrop to the sign wall can be relocated, most likely to the green space across Gulf Boulevard. The remaining two palms will remain at the sign wall ends, perpendicular to the Red Roof Inn. The palms have already been purchased by the contractor so there will be no cost savings associated with the proposed modification. . Red Roof Sign- The property owner should work with Planning to determine a suitable sign location and height. . Seat wall cap- The existing seat wall cap, which is already installed at a cost of $6,300 could be removed and replaced with a tapered triangular cap to discourage sitting. Staff's estimate for demolition of the existing cap and construction of a new one is approximately $10,000. This is a rough estimate that has not been confirmed by the contractor, however we believe it is conservative. This work would be an additional cost to the project. If this work is done some time in the future we do not think it would cost any more because we could work directly with the specialty concrete sub-contractor avoiding the general contractor's overhead. The City Manager and Engineering Director recommend the seat wall remain as designed for now. If at some time in the future the perceived problem becomes a reality, the cap could be replaced at that time. City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: u.s. 19 and Enterprise Interchange - Mayor Hibbard SUMMARY: Meeting Date: 1/17/2008 Review Approval: 1) Clerk Cover Memo Item # 24 o~ ,. , -0 ,Ill ./ !I '" n1 ':I~ .. I" f' ri' " 11 n, . 111:'11 ., .." II. .'111: ., -, " ~O ~ '-"'~f'" ,~~,:,~'~ .-," -- , I 111_ n"'l ,00' \, ..,j't.- .....~ " '~'. --,~. ~.... ,. , .T'.']'~' t~",,;.~" J'. '.. "ii,' :: ,,: .:, r I ,.'/- '~ , ."1 .'2 " .. "", ;.t' . \' I. ,. .f" SUBJECT / RECOMMENDATION: Other Council Action SUMMARY: City Council Agenda Council Chambers - City Hall Meeting Date: 1/17/2008 Review Approval: 1) Clerk Cover Memo Item # 25