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03/17/2008 WORK SESSION AGENDA Council Chambers - City Hall 3/17/2008 - 1 :30 PM 1. Presentations 1.1 Service Awards ~ Attachments 2. Office of Management and Budget 2.1 Amend the City's fiscal year 2007/08 Operating and Capital Improvement Budgets at First Quarter and pass Ordinances 7915-08 and 7916-08 on first reading. ~ Attachments 3. Financial Services 3.1 Approve settlement of the liability claim of Clare Peacock for payment of $34,555.25 and authorize the appropriate officials to execute same. (consent) ~ Attachments 3.2 Approve settlement of the liability claim of Stephen Smith for payment of $96,035.35 and authorize the appropriate officials to execute same. (consent) ~ Attachments 3.3 Approve the purchase of property insurance from Aprill, 2008 through Aprill, 2009, at $50,000,000 for all perils at amount not to exceed $2,075,000 and authorize the appropriate officials to execute same. (consent) ~ Attachments 4. Engineering 4.1 Award a contract for the Clearwater Community Sailing Center Expansion (07-0040-MA) to R. Krueger Construction Co., Inc., of 0ldsmar, Florida for the sum of $269,280.00 which is the 10west responsible bid received in accordance with the plans and specifications and authorize the appropriate officials to execute same. (consent) ~ Attachments 4.2 Award a contract to CALE Parking Systems USA, Inc., Clearwater, FL, in the amount of $172,550 for seventeen (17) Multi-Space Pay & Display parking meter units to be installed in the south beach parking 10ts that are currently operated as attendant parking and authorize the appropriate officials to execute same. (consent) ~ Attachments 4.3 Accept a perpetual blanket Fire Hydrant and Utility Easement over, across and under Lots 1 and 2, SUNSET SQUARE SUBDIVISION, conveyed by Loren M. Pollack and H. Sara Golding Scher, as Co- Trustees under Agreement dated April23, 1993, and Sunset Square General Partnership, as beneficiary (collectively, Grantor), in consideration ofreceipt of $1.00 and the benefits to be derived therefrom. (consent) ~ Attachments 4.4 Accept a perpetual Water Main and Fire Hydrant Easement containing 0.0352 acres, more or less, over, across and under a portion of Lot 2, Block A, LOKEY SUBDIVISION, and a portion of Lot 1, SEVER PARK, conveyed by Al and AI, LLC, a Florida limited liability company, in consideration of receipt of $1.00 and the benefits to be derived therefrom. (consent) ~ Attachments 4.5 Approve a contract to Hausinger & Associates, Inc. of Parrish, FL, in the amount of $195,332.50 for well drilling construction services related to the Chloride Cap - Monitoring Wells Project (04-0049-UT), and that the appropriate officials be authorized to execute same. (consent) ~ Attachments 5. Planning 5.1 Approve Amendments to the Clearwater Comprehensive PIan related to the Coastal High Hazard Area provisions of the Coastal Management Element and Pass Ordinance 7917 -08 on first reading. ~ Attachments 5.2 Approve the Petition for Future Land Use PIan Amendment from County Residential Urban (RU) to City Residential/0ffice General (RIO G) and Zoning Atlas Amendment from the County R-3, Single-Family Residential District, to the City Office (0) District for 2723 S.R. 580 (Lot 5 Block 1 Acker's Subdivision in Section 28, Township 28 South, Range 16 East); By Ordinance 7941-08, Resind Ordinances 7405-05 and 7406-05 and Pass Ordinances 7922-08 and 7923-08 on first reading. (LUZ2004-11 007) ~ Attachments 5.3 Approve a Future Land Use PIan Amendment from the Residential Urban (RU) and Institutional (I) Classifications to the Residential Medium (RM) Classification and a Zoning Atlas Amendment from the Institutional (I) District to the Medium Density Residential (MDR) District for property 10cated at 802, 826, and 830 Woodlawn Street and an unaddressed parcel designated as 22/29/15/00000/320/0200 (consisting of a portion of property 10cated in metes and bounds 32/02, 32/03 and 32/07, in Section 22, Township 29 South, Range 15 East); and Pass Ordinances 7854-07 and 7855-07 on first reading. (LUZ2006-08006) ~ Attachments 5.4 Approve a Future Land Use PIan Amendment from the Industrial Limited (IL) Classification to the Commercial General (CG) Classification and a Zoning Atlas Amendment from the Industrial, Research and Technology (IRT) District to the Commercial (C) District for property 10cated at 1500, 1510, 1520, 1530, 1540, 1550, 1560, 1570, 1580, 1590, 1600, 1610 and 1620 McMullen Booth Road (Lot 1, South Oaks Fashion Square, Section 09, Township 29 South, Range 16 East); and Pass Ordinances 7920-08 and 7921-08 on first reading. (LUZ2007-07005) ~ Attachments 5.5 Approve a Zoning Atlas Amendment from Business (B) District to the Tourist (T) District for property 10cated at 1241,1261 and 1281 GulfBoulevard (consisting of Lot 1, Subdivision of Radisson Bayside Hotel, in Section 20, Township 29 South, Range 16 East) and Pass Ordinance 7909-08 on first reading. (REZ2007 -10001) ~ Attachments 5.6 Approve the Annexation, Land Use PIan Amendment from the Residential Suburban (RS) (City and County) category to the Residential Low (RL) and Institutional (I) category, Zoning Atlas Amendment from the A-E Agricultural Estate District (County) and Low Density Residential (LDR) District (City) to the Low Medium Density Residential (LMDR) and Institutional (I) Districts (City) for property 10cated at 3280/3290 McMullen Booth Road (consisting of two parcels of land including Lot 1 Geiger Tract and the east 308.25 feet of the Northwest 114 of the Northwest 114 of Section 21, Township 28 South, Range 16 East less the south 208.75 feet and less the west 84 feet and less the east 100 feet thereof for road right-of-way and Pass Ordinances 7942-08, 7943-08 and 7944-08 on first reading. (ANX2005-02003 and LUZ2005- 02002) ~ Attachments 5.7 Approve amendments to the Future Land Use Element of the Clearwater Comprehensive PIan related to the adoption of alternative density and intensity standards for overnight accommodations, and the addition of an objective and policies pertaining to tourism, and Pass Ordinance 7924-08 on first reading. ~ Attachments 5.8 Approve amendments to Beach by Design: A Preliminary Design for Clearwater Beach and Design Guidelines that establish the Hotel Density Reserve and associated criteria for allocation, and Pass Ordinance 7925-08 on first reading. ~ Attachments 5.9 Approve amendments to the Community Development Code to adopt alternative densities and intensities for overnight accommodations, to improve the criteria by which overnight accommodations are permitted, to adopt criteria for indoor recreation/entertainment uses where none previously existed, to further the consistency between the Community Development Code and the Clearwater Comprehensive PIan, and to make other minor editorial changes, and Pass Ordinance 7926-08 on first reading. ~ Attachments 6. Official Records and Legislative Services 6.1 Set Special Budget Work Session I@l Attachments 7. Legal 7.1 Adopt Ordinance No. 7918-08 on second reading, creating Section 17.07, Code of Ordinances, to enhance trench digging safety. I@l Attachments 7.2 Adopt Ordinance No. 7919-08 on second reading, amending the Fire and Life Safety Inspection Permit Fees to add Trench Digging Permit Fee. I@l Attachments 8. City Manager Verbal Reports 8.1 Coast Guard City Designation Application I@l Attachments 8.2 Update on Public Outreach ~ Attachments 9. Council Discussion Items 9.1 Assistance to Tampa Bay Estuary - Councilmember Gibson I@l Attachments 9.2 Guideway to the Beach - Mayor Hibbard ~ Attachments 9.3 Mainland Parking Garage - Councilmember Gibson I@l Attachments 10. Other Council Action 10.1 Other Council Action ~ Attachments 11. Adjourn 12. Presentationes) for Council Meeting 12.1 Accept Rebate Check in the amount of $65,761.37 from Bank of America due to P-card and E-pay transactions. ~ Attachments 12.2 Imperial Park Homeowners Association to present award to Fire Department - Becky Melendez, Development and Neighborhood Services ~ Attachments 12.3 Recognition of US Coast Guard Auxillary, Division 11, District 7 (West Coast Florida) - Winners of 2007 International Search and Rescue competition ~ Attachments 12.4 Lighthouse of Pinellas Foundation / Daniel T. Mann, President and CEO. ~ Attachments 12.5 Proclamation: Poppy Day - presented to Gi Gi Janesik, American Legion Auxiliary ~ Attachments Work Session Council Chambers - City Hall SUBJECT I RECOMMENDATION: Service Awards SUMMARY: 5 Years of Service Douglas E. Matthews Sergo Alexandre Michael J. Dellavolpe Mark E. Herny Gregory K. Record John R. Savage Christian Schuele Adam J. Siegel Steven P. Wilensky Michele M. Williams Richard DeCastro II Michael H. Reynolds David S. Rice Jeffery E. Schmitt 10 Years of Service Karma A. Killian Laura L. Damico Tyrone Floyd David M. Larremore 15 Years of Service John G. Henry Steven D. McKinney 20 Years of Service Dennis L. Allen Diane G. Bennett 25 Years of Service J ames Ruggiero Public Communications Fire Fire Fire Fire Fire Fire Fire Fire Fire Dev & Neighborhood Svcs. Planning Engineering Solid Waste Engineering Customer Service Public Services Information Technology Gas Solid Waste General Svcs/Bldg. & Maint. Police Fire Meeting Date: 3/17/2008 Review Approval: 1) Clerk Cover Memo Item # 1 Meeting Date: 3/17/2008 Work Session Council Chambers - City Hall SUBJECT I RECOMMENDATION: Amend the City's fiscal year 2007/08 Operating and Capital Improvement Budgets at First Quarter and pass Ordinances 7915-08 and 7916-08 on first reading. SUMMARY: The fiscal year 2007/08 Operating and Capital Improvement Budgets were adopted in September 2007 by Ordinances 7866-07 and 7867-07. Section 2.521 of the City's Code of Ordinances requires the City Manager prepare a quarterly report detailing income, expenditure estimates, collections, the explanation of significant variances, as well as the financial status of all capital improvement projects. The attached memorandum and the accompanying report provide this information and outlines the issues at first quarter that require amendment. Review Approval: 1) Office of Management and Budget 2) Legal 3) Clerk 4) Assistant City Manager 5) Clerk 6) City Manager 7) Clerk Cover Memo Item # 2 Attachment number 1 Page 1 of 3 First Quarter Budget Review Fiscal 2007-08 City Manager's Transmittal Memorandum TO: Mayor and City Council FROM: Bill Home, City Manager COPIES: Jill Silverboard, Assistant City Manager Rod Irwin, Assistant City Manager Department Directors SUBJECT: First Quarter Budget Review - Amended City Manager's Annual Budget Report DATE: March 3, 2008 Attached is the First Quarter Budget Review in accordance with the City Code of Ordinances. The report is based on three months of activity (October, 2007 through December, 2007) in this fiscal year. The report comments on major variances, as well as documents all proposed amendments. Significant Fund amendments are outlined below: General Fund General Fund revenues and expenditure amendments reflect a net increase of$1,432,892. The major reason for the overall General Fund expenditure increase includes the appropriation of General Fund retained earnings of almost $1.4 million at first quarter to include the following items: $225,000 to support the Marine Aquarium; $100,000 to provide enhanced outside contractual support for building inspection and review services; $700,000 for the Clearwater Beach Recreation Center Boat Ramp; $280,873 for improvements to the Beach Library/Recreation Center; $67,775 for the Countryside Community Park facility. All of these amendments were previously approved by the City Council. In addition, enhanced revenues from under the new Fire contract are recognized in the amount of $818,390 and $255,820 from the Pinellas Library Cooperative above previous budget expectations. On the other hand, revenue estimates from the State of Florida reflect anticipated reductions of almost $367,000 in sales tax revenue and $411,000 in municipal revenue sharing. The budget also reflects the receipt of $450,000 from the Water's Edge settlement. With the net increase in revenues outlined here, the net transfer from retained earnings is expected to be approximately $623,000 at first quarter, rather than the $1.4 million approved by the Council above. General Fund Reserves - In order to ensure adequate reserves, the City Council's policy reflects that General Fund unappropriated retained earnings of 8.5% of the City's budgeted General Fund expenditures must be maintained as a reserve to guard against future emergencies. With the closing of the year-end 2007 books, and the allocation of reserves noted above, estimated General Fund reserves at first quarter are approximately $25 million, or 20.5% of the current year's General Fund budget, exceeding our reserve policy by $14.8 million. Item # 2 Attachment number 1 Page 2 of 3 First Quarter Budget Review Fiscal 2007-08 City Manager's Transmittal Significant amendments to other City Operating Funds are noted follows. Stormwater Fund At first quarter, the Stormwater operating budget reflects an increase of $62,990 of Stormwater retained earnings representing excess cash in the debt service funds representing interest earnings in the bond construction funds for the last six months, and the related transfer of these funds to the capital improvement project for Stormwater Expansion. Gas Fund Budget amendments to the Gas Fund reflect an increase of approximately $4.2 million for the defeasance of gas bonds approved by the Council in September 2007, which is offset by the return of funding from gas projects in the capital improvement fund, and a reduction in the expected budget for gas commodity charges. Recvclin2: Fund First quarter expenditure amendments in the Recycling Fund reflect an increase of $110,000 for the cost of inventory for resale due to higher than budgeted market prices and almost $83,000 for grant related expenditures related to a Pinellas County grant. Revenues from recyclable sales and grant proceeds more than offset the increase in budgeted expenditures. Marina (and Aviation) Fund The scope of the Marine and Aviation Fund is changing at first quarter in order to separate the two functions, and recognizing this fund now as the Marina Fund. At first quarter, Marine and Aviation Fund expenditures reflect a net decrease of $252,140, transferring the budgeted expenditures and related revenues of the Airpark Operations to the new Airpark Fund. Airpark Fund First quarter recognizes the formal establishment of the Airpark Fund, separating this operation from the previous Marine and Aviation Fund. First quarter amendments recognize the transfer of related budgeted revenues and expenditures from the Marina Fund. Parkin2: Fund Budgeted expenditures in the Parking Fund at first quarter reflect a proposed increase of $148,320 to reflect the annual cost of the temporary Patel lot on Clearwater Beach for the current fiscal year, and related offsetting revenues. Central Insurance Fund At first quarter, the Central Insurance Fund operating expenditures reflect the allocation of Central Insurance Fund reserves to support the health insurance contract approved by the City Council in October 2007. Item # 2 Attachment number 1 Page 3 of 3 First Quarter Budget Review Fiscal 2007-08 City Manager's Transmittal Capital Improvement Fund First quarter amendments to the Capital Improvement Fund reflect an increase of $9,438,088, primarily due to the establishment of the Downtown Boat Slip project in the amount of $10,450,000 and the Beach Recreation Center Boat Ramp replacement in the amount of $700,000, and the recognition of several significant amendments to several other projects including the National Guard Armory and Beach Library & Recreation Center renovation projects, Stevenson Creek Implementation and the WWTP Headworks projects. The budget amendments also reflect the return of almost $4.2 million to the Gas Fund for the defeasance of outstanding gas bonds. A list of capital improvement project budget increases that have been previously approved by the City Council is included on page 21 of this report. Project budget increases not previously approved by the Council are also summarized on page 21. The largest of these proposed increases is an increase of almost $776,000 recognizing revenue from SWFWMD proceeds supporting the reclaimed water distribution project. Special Pro2ram Fund The Special Program Fund reflects a net budget increase of $1,929,242 at first quarter. Amendments include the recognition of more than $547,000 in grants proceeds supporting programs for Americorps, red light running, Brownfield assessment, and Juvenile Welfare grants supporting neighborhood recreation programs. Other significant amendments reflect more than $772,000 for the special events and sponsorships programs in the last six months, $207,000 from police fines and court proceeds to support public safety programs and $229,000 in revenues for police outside duty contractual services. Item # 2 Attachment number 2 Page 1 of 1 CITY OF CLEARWATER FIRST QUARTER SUMMARY 2007/08 FY 07/08 First First First Adopted Quarter Quarter Quarter Amended Description Budget Projected Actual Variance % Adjustment Budget General Fund: Revenues 123,177,630 41,697,617 38,042,828 (3,654,789) -9% 1,432,892 124,610,522 Expenditures 123,177,630 37,351,919 35,919,829 1,432,090 4% 1,432,892 124,610,522 Utilitv Funds: Water & Sewer Fund Revenues 59,930,170 14,031,717 12,689,293 (1,342,424) -10% 0 59,930,170 Expenditures 59,930,170 17,861,590 16,237,483 1,624,107 9% 0 59,930,170 Stormwater Fund Revenues 14,436,690 3,297,225 3,233,859 (63,366) -2% 62,990 14,499,680 Expenditures 14,436,690 5,673,728 5,127,008 546,720 10% 62,990 14,499,680 Gas Fund Revenues 50,656,650 12,150,449 10,297,441 (1,853,008) -15% 2,466,920 53,123,570 Expenditures 45,896,470 16,166,997 16,938,000 (771,003) -5% 1,881,510 47,777,980 Solid Waste Fund Revenues 18,153,900 4,538,710 4,609,879 71,169 2% 0 18,153,900 Expenditures 18,068,320 4,752,077 4,390,910 361,167 8% 0 18,063,320 Recvclinq Fund Revenues 2,834,930 711,391 948,904 237,513 33% 209,330 3,044,260 Expenditures 2,834,930 750,331 836,999 (86,668) -12% 182,810 3,017,740 Enterprise Funds: Marine & Aviation Fund Revenues 4,823,730 1,000,177 1,105,972 105,795 11% (120,820) 4,702,910 Expenditures 4,774,180 1,195,015 1,145,719 49,296 4% (252,140) 4,522,040 Airpark Fund Revenues 0 58,251 56,141 (2,110) -4% 233,000 233,000 Expenditures 0 73,025 65,676 7,349 10% 232,540 232,540 Parkinq Fund Revenues 4,102,130 754,378 983,155 228,777 30% 240,000 4,342,130 Expenditures 3,804,260 1,208,332 1,017,765 190,567 16% 148,320 3,952,580 Harborview Center Revenues 704,360 421,521 410,758 (10,763) -3% 0 704,360 Expenditures 704,360 265,274 513,510 (248,236) -94% 0 704,360 Internal Service Funds: General Services Fund Revenues 5,236,710 1,309,220 1,332,734 23,514 2% 0 5,236,710 Expenditures 5,235,590 1,420,630 1,251,086 169,544 12% 0 5,235,590 Administrative Services Revenues 10,200,730 2,475,181 2,444,591 (30,590) -1% 0 10,200,730 Expenditures 10,197,640 3,133,460 2,687,475 445,985 14% 0 10,197,640 Garaqe Fund Revenues 13,293,770 3,317,880 3,255,061 (62,819) -2% 0 13,293,770 Expenditures 13,293,770 3,578,637 3,160,690 417,947 12% 0 13,293,770 Central Insurance Fund Revenues 21,306,060 5,441,468 6,393,337 951,869 17% 384,278 21,690,338 Expenditures 19,986,040 5,018,836 4,583,230 435,606 9% 384,278 20,370,318 Item # 2 Attachment number 3 Page 1 of 2 FIRST QUARTER REVIEW AMENDED CITY MANAGER'S FISCAL YEAR 2007-08 REPORT PAGE # General Fund Operating Budget................................................................................................................... 3 Utility Funds Operating Budget ...................................................................................................................10 Other Enterprise Funds Operating Budgets .............................................................................................. 14 Internal Service Funds Operating Budgets ................................................................................................. 18 Capital Improvement Program Budget....................................................................................................... 21 Special Program Fund Budget.................................................................................................................... 38 Special Development Funds....................................................................................................................... 45 Administrative Change Orders.................................................................................................................... 48 Ordinances...................................................................................................................... ............................ 50 First quarter budgets were projected in the following manner: All department expenditure budgets have been established on a month-to-month basis so that projects identified in the report are not simply time percentages applied to annual budgets but rather department director's judgment of month-to-month expenditures. This technique was also used for revenue projections. The actual and projected data contained in this review represents three months, October 1, 2007 through December 31, 2007. The adjustments, however, represent all data available at the time of the report, including action taken by the City Council after December 31 , 2007. Definitions associated with the operating funds information is presented as follows: Definitions: Original Budget The budget as adopted by the City Council on September 20, 2007. First Quarter Projections Monthly budgets submitted by departments are based on prior year experience and unique circumstances. First Quarter Actual Self-explanatory. Variance Difference between First Quarter projected and First Quarter actual. Variance % % of variance to First Quarter projection. Adjustments Adjustments that have been approved by the City Council, made at the Manager's discretion, andlor adjustments proposed based on First Quarter review. Amended Budget Adding the Original Budget and Adjustments. Amended Budget % Percentage change of amended budget to original budget. Item # 2 Attachment number 3 Page 2 of 2 Capital Improvement Projects The amended 2007/08 Capital Improvement Projects budget report is submitted for the City Council review. This review provides the opportunity to analyze the status of all active projects and present formal amendments to the project budget. The Capital Improvement and Special Program funds information is presented as follows: Definitions: Budget The budget as of October 1,2007, which includes budgets from prior years, which have not been completed. Amendment Amendments which have been approved by the City Council, made at the Manager's discretion, andlor adjustments proposed as a result of the First Quarter review. Revised Budget Adding columns one and two. Expenditure Self-explanatory. Encumbrance Outstanding contract or purchase order commitment. Available Balance Difference between revised budget and expenditure plus encumbrance. Status C - project is completed Amend Ref Reference number for description of amendment. 2 Item # 2 Property Taxes Franchise Fees Utilitv Taxes Licenses & Permits Interqovernmental Sales Tax other Intergovernmental Charqes for Service Attachment number 4 Page 1 of 3 City of Clearwater General Fund Revenues First Quarter Amendments FY 2007/08 Increase/(Decrease) Description Although, property taxes exhibit a 14% negative variance at first quarter, this is primarily a timing difference in the actual receipts versus budgeted collections for the quarter. As of the end of January, 76% of budgeted revenues had been collected. At the same time in 2007, 80% of the year's total revenues had been collected. No amendment is proposed at this time. Franchise fees are approximately as budgeted at first quarter. No amendments are recommended at this time. Utility tax revenues are approximately as budgeted at first quarter. No amendment is proposed until additional months of activity are available for review License and permit revenues are approximately as budgeted at first quarter. No amendments are recommended at this time. (366,790) Intergovernmental revenue reflects several amendments at first quarter: State sales tax estimates are reduced from approximately $6,564,320 to $6,197,530, a reduction of $366,790 (5.6%) due to revised revenue estimates provided from the Florida Department of Revenue. 1) Municipal revenue sharing estimates are reduced from $3,651,740 to $3,240,470, a reduction of $411,270 (11%) due to revised revenue estimates provided from the Florida Department of Revenue. 2) The new EMS contract results in an increase of $1,236,020. This is offset by a related decrease of $417,630 to the Fire tax revenues, resulting in a net increase of $818,390 in Fire/EMS revenues. 3) Pinellas Library Cooperative Funds are anticipated to be $255,820 more than previously budgeted. 662,940 36,150 The budget amendment reflects an increase of $36,150 for the Morningside recreation summer camp, offsetting a like increase in the Parks and Recreation budget. 3 Item # 2 Fines & Forfeitures Interest Income Miscellaneous Interfund CharqeslTransfers In Use of Retained Earnings Attachment number 4 Page 2 of 3 City of Clearwater General Fund Revenues First Quarter Amendments FY 2007/08 Increase/(Decrease) Description The 14% negative variance in fines & forfeiture revenues is entirely due to a timing variance in the receipt of funds from the School Board for the crossing guard program. No amendments are proposed at this time. Interest income is reflects a positive variance at first quarter, due to better than anticipated interest rates. No amendments are proposed at this time, until further analysis at year-end. 450,000 Budgeted revenues reflect the receipt of $450,000 for the Water's Edge settlement, and explains the large positive variance in this revenue category. 27,108 The 14% negative variance in this revenue category is merely a timing variance in the posting of the gas fund dividends. The only amendment in this category is to increase revenues transferred in from other funds in the amount of $27,107.76 reflecting the return of General Fund revenues from Special Program project 181-99845, Assistance to Firefighters Grant Program. This project is complete and now closed. The use of $1,396,742.35 of General Fund reserves is appropriated for the following purposes: 1) A transfer of $225,000 is allocated to the Non- Departmental program to support the Marine Aquarium donation approved by the City Council on December 6, 2007 . 225,000 2) A transfer of $100,000 is allocated to Development Services to support the contract award to Quorum Services for building inspection and building plans review services, which was approved by the City Council on January 17, 2008. 100,000 3) A transfer of $700,000 to the Capital Improvement Fund to establish a new project, 315-93408, Clearwater Beach Recreation Center Boat Ramp. On December 20, 2007 the Council approved the use of General Fund retained earnings to fund this project. This will allow for the design and reconstruction of the existing boat ramp at the Beach 700,000 Recreation Center. 4 Item # 2 Net Transfer (to) from Retained Earninqs Net General Fund Revenue Amendment Attachment number 4 Page 3 of 3 City of Clearwater General Fund Revenues First Quarter Amendments FY 2007/08 Increase/(Decrease) Description 4) A transfer of $280,873.15 of General Fund unappropriated retained earnings for project 315-93265, Beach Library/Recreation Center Renovations, was approved by the Council on January 17, 2008 to provide funding for the renovations to the Clearwater Beach Recreation Center to 280,873 accommodate the Beach Library. 5) A net transfer of $67,775 of General Fund retained earnings to project 315-93256, Countryside Community Park Building, consisting of an original transfer of $72,775 which was approved by the Council on October 4, 2007, to provide funding for the construction of a restroom/storage/concession building at Countryside Recreation Complex, net of a return of General Fund revenues from the same project in the amount of $5,000 as a result of the receipt of outside donations since the Council's original approval of the agenda 67,775 item. 6) A transfer of $3,381.25 of General Fund unappropriated retained earnings is appropriated to project 315-93254, Jack Russell Stadium Infrastructure Repairs & Demolition. This represents scrap sales revenue that were inadvertently recorded in the General Fund last fiscal year, but should have 3,381 been recorded in the JRS project. 7) A transfer of $19,712.95 of General Fund unappropriated retained earnings for project 181-99938, Homeless Shelter, was approved by the Council on October 4, 2007 to allocate the funding received last year from the Clearwater Housing Authority to the Clearwater Homeless Intervention Project. 19,713 8) The additional revenue recognized at first quarter can be transferred to General Fund retained earnings, offsetting the allocations noted above, and resulting in a net transfer of (773,258) $623,485 from General Fund retained earnings. 623,485 1,432,892 5 Item # 2 Increasel (Decrease) Attachment number 5 Page 1 of 3 City of Clearwater General Fund Expenditures First Quarter Amendments FY 2007/08 Description City Audit 10,000 This amendment decreases increases the City Audit budget by $10,000 and reflects the transfer of these funds from the Finance Department. About the time of the adoption of the current budget, the Senior Accountant in Audit was promoted to the position of Controller in Finance. Another Senior Accountant was transferred from Finance into Audit, but the individual salary was higher than budgeted in Audit. The Finance Department is providing the budget funding to make this change. Development & Neiqhborhood Services 100,000 A budget increase to the Development & Neighborhood Services budget reflects the transfer of $100,000 of unappropriated retained earnings to Development Services Department to support the contract award to Quorum Services for building inspection and building plans review services, which was approved by the City Council on January 17, 2008. Finance (10,000) This amendment decreases budgeted salary expenditures in Finance by $10,000 and reflects the transfer of these funds to the City Audit Department. About the time of the adoption of the current budget, the Senior Accountant in Audit was promoted to the position of Controller in Finance. Another Senior Accountant was transferred from Finance into Audit, but the individual salary was higher than budgeted in Audit. The Finance Department is providing budget funding to make this change. Parks & Recreation 135,460 The first quarter budget amendments reflect the following amendments: 1) the transfer of funding from Public Services to fund the transfer of two positions representing the tree trimming operation and the related responsibilities to Parks and Recreation; 2) an increase of $36,150 for the Morningside recreation summer camp which is offset by the camp related revenues. The first quarter budget amendments will transfer $7,500 of salary savings to capital project 315-92837 to provide additional funding for consultant work related to the beach traffic consultant study. The net impact to the Planning Department budget and the General Fund is PlanninQ zero. 6 Item # 2 Public Services Increasel (Decrease) (99,310) Attachment number 5 Page 2 of 3 City of Clearwater General Fund Expenditures First Quarter Amendments FY 2007/08 Description The first quarter budget amendments reflect the transfer of funding from Public Services to Parks and Recreation to fund the transfer of two positions representing the tree trimming operation and the related responsibilities to Parks and Recreation. Non-Departmental A budget increase of $225,000 to the Non-Departmental program reflects a $225,000 donation to the Clearwater Marine Aquarium approved by the City Council on 225,000 December 6,2007. The budget amendment also reflects City Council approved interfund transfers of $1,071,742.35 to Capital 1,071,742 Improvement and Special Program projects, as follows: 1) A transfer of $700,000 of General Fund unappropriated retained earnings for project 315-93408, Clearwater Beach Recreation Center Boat Ramp Replacement, was approved by the Council on December 20, 2007 to provide funding for the design and reconstruction of the existing boat ramp at the Beach Recreation Center. 2) A transfer of $280,873.15 of General Fund unappropriated retained earnings for project 315-93265, Beach LibrarylRecreation Center Renovations, was approved by the Council on January 17, 2008 to provide funding for the renovations to the Clearwater Beach Recreation Center to accommodate the Beach Library. 3) A net transfer of $67,775 of General Fund retained earnings to project 315-93256, Countryside Community Park Building, consisting of an original transfer of $72,775 which was approved by the Council on October 4,2007, to provide funding for the construction of a restroomlstoragelconcession building at Countryside Recreation Complex, net of a return of General Fund revenues from the same project in the amount of $5,000 as a result of the receipt of outside donations since the Council's original approval of the agenda item. 4) A transfer of $3,381.25 of General Fund unappropriated retained earnings is appropriated to project 315-93254, Jack Russell Stadium Infrastructure Repairs & Demolition. This represents scrap sales revenue that were inadvertently recorded in the General Fund last fiscal year, but should have been recorded in the JRS project. 7 Item # 2 Net General Fund Expenditure Amendment Increasel (Decrease) 1,296,742 1,432,892 Attachment number 5 Page 3 of 3 City of Clearwater General Fund Expenditures First Quarter Amendments FY 2007/08 Description 5) A transfer of $19,712.95 of General Fund unappropriated retained earnings for project 181-99938, Homeless Shelter, was approved by the Council on October 4, 2007 to allocate the funding received last year from the Clearwater Housing Authority to the Clearwater Homeless Intervention Project. 8 Item # 2 Attachment number 6 Page 1 of 1 GENERAL FUND FIRST QUARTER REVIEW For Three Month Period of October 1, 2007 - December 31,2007 2007/08 First First 2007/08 Adopted Quarter Quarter Budget Proposed 1 Qtr Amended Budget Projection Actual Variance % Amendment Budget GENERAL FUND General Fund Revenues Property Taxes 47,273,940 26,500,000 22,869,058 (3,630,942.00) -14% 0 47,273,940 Franchise Fees 9,833,640 1,735,000 1,710,814 (24,186.00) -1% 0 9,833,640 Utility Taxes 11,928,390 2,241,081 2,206,055 (35,026.00) -2% 0 11 ,928,390 Licenses, Permits & Fees 4,492,580 1,221,874 1 ,245,545 23,671.00 2% 0 4,492,580 Intergovernmental Sales Tax 6,564,320 1,020,000 944,959 (75,041.00) -7% (366,790) 6,197,530 Communications Services Tax 7,045,750 1,153,000 1,046,512 (106,488.00) -9% 0 7,045,750 Other Intergovernmental 11,809,270 2,177,660 2,505,422 327,762.00 15% 662,940 12,472,210 Charges for Services 3,763,800 621,968 638,121 16,153.00 3% 36,150 3,799,950 Fines & Forfeitures 955,000 238,752 205,872 (32,880.00) -14% 0 955,000 Interest Income 1,263,950 315,988 384,456 68,468.00 22% 0 1,263,950 Miscellaneous Revenues 1,053,710 173,980 579,365 405,385.00 233% 450,000 1,503,710 Interfund Charges 1 Transfers In 17,193,280 4,298,314 3,706,649 (591,665.00) -14% 27,108 17,220,388 Operating Revenues 123,177,630 41,697,617 38,042,828 (3,654,789.00) -9% 809,408 123,987,038 Transfer (to) from Surplus 0 0.00 nla 623,484 623,484 Total Revenues 123,177,630 41,697,617 38,042,828 (3,654,789.00) -9% 1,432,892 124,610,522 General Fund Expenditures City Council 295,920 80,718 73,125 7,593 9% 0 295,920 City Manager's Office 1,268,700 415,983 323,269 92,714 22% 0 1 ,268,700 City Attorney's Office 1,676,820 448,925 350,492 98,433 22% 0 1,676,820 City Auditor's Office 162,870 42,892 48,649 (5,757) -13% 10,000 172,870 Development & Neighborhood Svcs 4,295,940 1,225,783 1,278,821 (53,038) -4% 100,000 4,395,940 Economic Development & Housing 1,436,710 386,911 487,351 (100,440) -26% 0 1 ,436,710 Engineering 7,028,070 2,073,737 1 ,772,454 301,283 15% 0 7,028,070 Equity Services 338,200 90,602 80,097 10,505 12% 0 338,200 Finance 2,265,190 640,264 563,243 77,021 12% (10,000) 2,255,190 Fire 21,423,410 6,522,806 6,102,502 420,304 6% 0 21,423,410 Human Resources 1,231,480 338,797 292,777 46,020 14% 0 1,231,480 Library 6,433,700 2,278,131 2,215,204 62,927 3% 0 6,433,700 Marine & Aviation 1,221,490 342,992 300,691 42,301 12% 0 1,221,490 Non-Departmental 6,394,690 3,095,179 3,411,836 (316,657) -10% 1,296,742 7,691,432 Office of Management & Budget 305,160 88,386 75,008 13,378 15% 0 305,160 Official Records & Legislative Svcs 1,255,700 343,019 333,439 9,580 3% 0 1 ,255,700 Parks & Recreation 21,888,050 6,586,413 6,114,910 471,503 7% 135,460 22,023,510 Planning 1,414,750 401,815 366,340 35,475 9% 0 1,414,750 Police 36,970,730 10,626,721 10,506,635 120,086 1% 0 36,970,730 Public Communications 1,098,590 300,355 286,264 14,091 5% 0 1,098,590 Public Services 3,684,770 1,021,490 936,722 84,768 8% (99,310) 3,585,460 Allocation to GF Reserve 1,086,690 0 nla 0 1,086,690 Total Expenditures 123,177,630 37,351,919 35,919,829 1,432,090 4% 1,432,892 124,610,522 9 Item # 2 Water & Sewer Fund Revenues: Expenditures: Increasel (Decrease) Attachment number 7 Page 1 of 2 City of Clearwater Utility Funds First Quarter Amendments FY 2007/08 Description At first quarter. anticipated revenues of the Water & Sewer Fund equal anticipated expenditures for FY 2007/08. No amendments are proposed at first quarter. No amendments are proposed at first quarter. Stormwater Fund Revenues: Expenditures: 62,990 62,990 At first quarter. anticipated revenues of the Stormwater Fund equal anticipated expenditures for FY 2007/08. First quarter amendments include the appropriation of retained earnings to capital project 315-96419, Storm System Expansion, which is excess cash in the debt service funds representing interest earnings in the bond construction funds in the fourth quarter of '07 and the first quarter of '08. The negative variance in Other Operating revenues is primarily a result of a timing difference in the posting of interest earnings for the Stormwaster Fund at first quarter. No amendment is proposed at this time. Stormwater funds are allocated to capital project 315-96419, Storm System Expansion in the amount of $62,989.62 as noted above. Gas Fund Revenues: Expenditures: 2,466,920 1,881,510 At first quarter. anticipated revenues of the Gas Fund exceed anticipated expenditures by $5,345,590 for FY 2007/08. First quarter revenue amendments reflect the return of $4,165,000 from capital projects to fund the defeasance of Series 1998 bonds in the amount of $4,165,000 as approved by the Council on September 4, 2007. Additional revenue amendments reflect a reduction of $1.7 million in gas sales revenue and other sources, for a net budget increase in revenues of $2,466,920 at first quarter. The primary reason for the increase is due to the defeasance of Series 1998 bonds in the amount of $4,165,000 as approved by the Council on September 4,2007. The expenditure increase is offset by the return of funds from Gas fund projects at first quarter. A second major amendment reflects an expenditure reduction of $1.2 million in gas commodity charges and a related decrease in gas sales revenues. These two amendments along with other gas operational budget decreases, produce a net increase in Gas Fund expenditures of $1 ,881 ,510 at first quarter. 10 Item # 2 Solid Waste Fund Revenues: Expenditures: Increasel (Decrease) Attachment number 7 Page 2 of 2 City of Clearwater Utility Funds First Quarter Amendments FY 2007/08 Description At first quarter, anticipated revenues of the Solid Waste Fund exceed anticipated expenditures by $ 85.580 for FY 2007/08. o The positive variance in Other Operating revenues is primarily a result of positive interest earnings for the Solid Waste Fund at first quarter. No amendment will be proposed until further data is available. First quarter amendments reflect the transfer of program savings of $2,750 identified in the Collection program offsetting unanticipated costs in the Administration program for custodial services and other ancillary costs. The net budget change to the Solid Waste Department is $0. o Recyclinq Fund Revenues: Expenditures 209,330 182,810 At first quarter. anticipated revenues of the Recyclinq Fund exceed anticipated expenditures by $26,520 for FY 2007/08. First quarter revenue amendments in Recycling revenues reflect a total increase of $209,330. This includes the recognition of a grant from Pinellas County supporting recycling efforts in the amount of $82,830, and $126,500 due to an increase in the sale of recyclables due to favorable market conditions. First quarter expenditure amendments in Recycling reflect a net increase of $182,81 O. $110,000 is directly attributable to inventory purchases and is offset by increased revenues in the sale of recyclables and the balance is attributable to the anticipated expenditures under the grant. 11 Item # 2 Attachment number 8 Page 1 of 2 UTILITY FUNDS FIRST QUARTER REVIEW For Three Month Period of October 1, 2007 - December 31, 2007 2007/08 First First 2007/08 Adopted Quarter Quarter Budget Proposed 1 Qtr Amended Budget Projection Actual Variance % Amendment Budget WA TER & SEWER FUND Water & Sewer Fund Revenues Operating Revenue 53,688,950 13,121,736 12,227,498 (894,238) -7% 53,688,950 Non-Operating Revenue 3,419,610 854,904 403,976 (450,928) -53% 3,419,610 Contributions 220,310 55,077 57,819 2,742 5% 220,310 Transfers In 0 n/a Use of Fund Equity 2,601,300 0 n/a 2,601,300 Total Revenues 59,930,170 14,031,717 12,689,293 (1,342,424) -10% 59,930,170 Water & Sewer Fund Expenditures Public Utilities Administration 766,710 205,353 175,494 29,860 15% 766,710 Wastewater Collection 6,574,780 2,527,952 2,430,099 97,853 4% 6,574,780 WPC/Plant Operations 13,039,670 3,387,472 3,116,110 271,362 8% 13,039,670 WPC/Laboratory Operations 1,287,360 342,385 351,140 (8,755) -3% 1,287,360 WPC/lndustrial Pretreatment 620,230 169,418 163,799 5,619 3% 620,230 Water Distribution 9,591,180 4,154,762 4,027,951 126,811 3% 9,591,180 Water Supply 12,285,810 3,100,117 2,833,876 266,241 9% 12,285,810 Reclaimed Water 1,609,130 435,307 403,504 31,803 7% 1,609,130 Non-Departmental 14,155,300 3,538,824 2,735,509 803,315 23% 14,155,300 Total Expenditures 59,930,170 17,861,590 16,237,483 1,624,107 9% 59,930,170 STORMWATER FUND Stormwater Utility Revenues Operating Revenues 12,477,410 3,119,352 3,115,830 (3,522) 0% 12,477,410 Non-Operating Revenues 711,500 177,873 118,029 (59,844) -34% 711,500 Transfers In 0 n/a Use of Fund Equity 1,247,780 0 n/a 62,990 1,310,770 Total Revenues 14,436,690 3,297,225 3,233,859 (63,366) -2% 62,990 14,499,680 Stormwater Utility Expenditures Stormwater Management 5,926,620 1,505,331 1,071,136 434,195 29% 5,926,620 Stormwater Maintenance 8,510,070 4,168,397 4,055,872 112,525 3% 62,990 8,573,060 Total Expenditures 14,436,690 5,673,728 5,127,008 546,720 10% 62,990 14,499,680 GAS FUND Gas Fund Revenue Operating Revenues 47,316,180 11,828,143 9,968,782 (1,859,361) -16% (1,353,000) 45,963,180 Non-Operating Revenues 843,050 209,776 291,231 81,455 39% 96,000 939,050 Transfers In 0 n/a 4,165,000 4,165,000 Capitalized Labor 450,000 112,530 37,428 (75,102) -67% 450,000 Use of Fund Equity 2,047,420 0 n/a (441,080) 1,606,340 Total Revenues 50,656,650 12,150,449 10,297,441 (1,853,008) -15% 2,466,920 53,123,570 Gas Fund Expenditures Administration & Supply 30,599,180 7,783,827 8,858,247 (1,074,420) -14% 2,188,870 32,788,050 South Area Gas Operations 6,124,250 3,104,153 3,055,956 48,197 2% (153,760) 5,970,490 North Area Gas Operations 6,258,200 4,426,336 4,350,760 75,576 2% (13,160) 6,245,040 Marketing & Sales 2,914,840 852,681 673,036 179,645 21% (140,440) 2,774,400 Total Expenditures 45,896,470 16,166,997 16,938,000 (771,003) -5% 1,881,510 47,777,980 12 Item # 2 Attachment number 8 Page 2 of 2 UTILITY FUNDS FIRST QUARTER REVIEW For Three Month Period of October 1, 2007 - December 31, 2007 2007/08 First First 2007/08 Adopted Quarter Quarter Budget Proposed 1 Qtr Amended Budget Projection Actual Variance % Amendment Budget SOLID WASTE FUND Solid Waste Revenues Operating Revenues 17,334,000 4,333,750 4,327,628 (6,122) 0% 17,334,000 Non-Operating Revenues 578,880 144,705 221,996 77,291 53% 578,880 Transfers In 241,020 60,255 60,255 0% 241,020 Use of Fund Equity 0 nla Total Revenues 18,153,900 4,538,710 4,609,879 71,169 2% 18,153,900 Solid Waste Expenditures Collection 14,786,480 3,870,389 3,587,802 282,587 7% (2,750) 14,783,730 Transfer 1,503,430 403,352 352,422 50,930 13% 1,503,430 Container Maintenance 756,190 206,225 195,068 11,157 5% 756,190 Administration 1,022,220 272,111 255,619 16,492 6% 2,750 1,024,970 Total Expenditures 18,068,320 4,752,077 4,390,910 361,167 8% 18,068,320 RECYCLING FUND Recycling Revenues Operating Revenues 2,701,500 678,036 894,650 216,614 32% 209,330 2,910,830 Non-Operating Revenues 133,430 33,355 54,254 20,899 63% 133,430 Total Revenues 2,834,930 711,391 948,904 237,513 33% 209,330 3,044,260 Recycling Expenditures Residential 1,042,540 279,101 288,001 (8,900) -3% 35,500 1,078,040 Multi-Family 530,110 139,933 137,604 2,329 2% 3,630 533,740 Commercial 1,262,280 331,297 411,394 (80,097) -24% 143,680 1,405,960 Total Expenditures 2,834,930 750,331 836,999 (86,668) -12% 182,810 3,017,740 13 Item # 2 Marina Fund Revenues: Expenditures: Increasel (Decrease) (120,820) (252,140) Attachment number 9 Page 1 of 2 City of Clearwater Other Enterprise Funds First Quarter Amendments FY 2007/08 Description Anticipated revenues of the Marine Fund exceed anticipated expenditures by $ 180.870 at first quarter FY 2007/08. 1) The first quarter amendments reflect the transfer of budgeted revenues for the airpark operations which were adopted under the "Marine and Aviation Fund" to the newly established Airpark Fund. 2) A second amendment reflects new revenues of $112,180 based upon increased rates approved by the City Council on November 15,2007. The first quarter amendments reflect the transfer of budgeted expenditures for the Airpark operations which were adopted under the "Marine and Aviation Fund" to the newly established Airpark Fund. Airpark Fund Revenues: Expenditures: 233,000 232,540 Anticipated revenues of the Airpark Fund exceed anticipated expenditures by $ 460 at first quarter FY 2007/08. The first quarter amendments reflect the transfer of budgeted revenues for the Airpark operations which were adopted under the "Marine and Aviation Fund" to the newly established Airpark Fund. 1)The first quarter amendments reflect the transfer of budgeted expenditures of $252,140 for the Airpark operations which were adopted under the "Marine and Aviation Fund" to the newly established Airpark Fund; 2) In addition, budgeted expenditures also reflect savings totaling $19,600 in several operational line items, resulting in a net budget increase of $232,540 to establish the Airpark budget for FY 2007/08. Parkinq Fund Revenues: 240,000 Anticipated revenues of the Parkin!:) Fund exceed anticipated expenditures by $389.550 at first quarter FY 2007/08. First quarter amendments reflect the temporary Patel parking lot revenues for fiscal year 07/08 based upon the month to month lease approved by the City Council on February 15, 2007. These revenues and related costs were not included in the adopted '08 budget. 14 Item # 2 Expenditures: Attachment number 9 Page 2 of 2 City of Clearwater Other Enterprise Funds First Quarter Amendments FY 2007/08 Increasel (Decrease) Description First quarter expenditure amendments reflect the annual cost of the month to month lease approved by the City Council on February 15, 2007 for the temporary parking lot for Beach Walk. 148,320 Harborview Fund Revenues: Expenditures: At first quarter. anticipated revenues of the Harborview Fund equal anticipated expenditures for FY 2007/08. o Harborview revenues are approximately as anticipated at first quarter. No budget amendments are proposed at this time. The negative variance in Harborview operating expenditures at first quarter is only a timing variance in the payment of contractual services to the facility operator. No amendments are proposed expected at this time. o 15 Item # 2 Attachment number 10 Page 1 of 2 ENTERPRISE FUNDS FIRST QUARTER REVIEW For Three Month Period of October 1,2007 - December 31,2007 2007108 First First 2007/08 Adopted Quarter Quarter Budget Proposed Amended Budget Projection Actual Variance % Amendment Budget MARINE FUND Marine Fund Revenues Operating Revenues 4,633,380 957,840 1,063,036 105,196 11% (99,820) 4,533,560 Non-Operating Revenues 190,350 42,337 42,936 599 1% (21,000) 169,350 Transfers In 0 0 0 n/a Use of Fund Equity 0 0 0 n/a Total Revenues 4,823,730 1,000,177 1,105,972 105,795 11% (120,820) 4,702,910 Marine Fund Expenditures Marina Operations 4,522,040 1,195,015 1,145,719 49,296 4% 4,522,040 Airpark Operations 252,140 0 n/a (252,140) 0 Total Expenditures 4,774,180 1,195,015 1,145,719 49,296 4% (252,140) 4,522,040 AIRPARK FUND Airpark Fund Revenues Operating Revenues 53,001 53,411 410 1% 212,000 212,000 Non-Operating Revenues 5,250 2,730 (2,520) n/a 21,000 21,000 Transfers In n/a 0 Use of Fund Equity n/a 0 Total Revenues 58,251 56,141 (2,110) -4% 233,000 233,000 Airpark Fund Expenditures Airpark Operations 73,025 65,676 7,349 10% 232,540 232,540 Total Expenditures 73,025 65,676 7,349 10% 232,540 232,540 PARKING FUND Parking Fund Revenues Operating Revenues 3,490,460 601 ,460 786,640 185,180 31% 240,000 3,730,460 Non-Operating Revenues 611,670 152,918 196,515 43,597 29% 611,670 Transfers In 0 0 0 0 Total Revenues 4,102,130 754,378 983,155 228,777 30% 240,000 4,342,130 Parking Fund Expenditures Public Wks/Parking System 2,954,260 985,422 900,765 84,657 9% 148,320 3,102,580 Public Wks/Parking Enforcement 850,000 222,910 117,000 105,910 48% 850,000 Total Expenditures 3,804,260 1,208,332 1,017,765 190,567 16% 148,320 3,952,580 16 Item # 2 Attachment number 10 Page 2 of 2 ENTERPRISE FUNDS FIRST QUARTER REVIEW For Three Month Period of October 1,2007 - December 31,2007 2007108 First First 2007/08 Adopted Quarter Quarter Budget Proposed Amended Budget Projection Actual Variance % Amendment Budget HARBORVIEW FUND Harborview Center Fund Revenues Operating Revenues 234,800 47,451 46,907 (544) -1% 234,800 Non-operating Revenues 127,320 31 ,830 21,611 (10,219) -32% 127,320 Transfers In 342,240 342,240 342,240 342,240 Total Revenues 704,360 421,521 410,758 (10,763) -3% 704,360 Harborview Center Fund Expenditures Harborview Center Operations 704,360 265,274 513,510 (248,236) -94% 704,360 Total Expenditures 704,360 265,274 513,510 (248,236) -94% 704,360 17 Item # 2 General Services Revenues: Expenditures: Increase/ (Decrease) Attachment number 11 Page 1 of 1 City of Clearwater Internal Service Funds First Quarter Amendments FY 2007/08 Description o o At first quarter. anticipated revenues of the General Services Fund exceed anticipated expenditures by $1.120 for FY 2007/08. No amendments are proposed at first quarter. No amendments are proposed at first quarter. Administrative Services Revenues: Expenditures: At first quarter. anticipated revenues of the Administrative Services o o Fund exceed anticipated expenditures by $3.090 for FY 2007/08. No amendments are proposed at first quarter. No amendments are proposed at first quarter. Garaqe Fund Revenues: Expenditures: o o At first quarter. anticipated revenues of the GaraQe Fund equal anticipated expenditures for FY 2007/08. No amendments are proposed at first quarter. The 6% negative variance in billing revenue is merely a timing variance in the distribution of charges to the user departments. No amendments are proposed at first quarter. No amendments are proposed at first quarter. Central Insurance Revenues: Expenditures: 384,278 384,278 At first quarter. anticipated revenues of the Central Insurance Fund exceed anticipated expenditures by $1.320.020 for FY 2007/08. First quarter amendments include the allocation of $384,278 of Central Insurance Fund reserves to support the Human health insurance contract as approved by the City Council on October 4, 2007. 1) First quarter amendments reflect the transfer of $24,000 of insurance savings from the Non-Departmental cost center to Risk Management to provide funding for the construction of private offices for the individuals that work claims in Risk Management. The net impact to the Central Insurance Fund is zero. 2) The second amendment reflects the allocation of $384,278 of Central Insurance Fund reserves to support the Human health insurance contract as approved by the City Council on October 4,2007. 18 Item # 2 Attachment number 12 Page 1 of 2 INTERNAL SERVICE FUNDS FIRST QUARTER REVIEW For Three Month Period of October 1, 2007 - December 31, 2007 2007/08 First First 2007/08 Adopted Quarter Quarter Budget Proposed 1 Qtr Amended Budget Projection Actual Variance % Amendment Budget GENERAL SERVICES FUND General Services Fund Revenues Billings to Departments 5,201,710 1,300,470 1,321,223 20,753 2% 0 5,201,710 Non-Operating Revenue 35,000 8,750 11,511 2,761 32% 0 35,000 Transfers In 0 n/a 0 Fund Reserves 0 n/a 0 Total Revenues 5,236,710 1,309,220 1,332,734 23,514 2% 0 5,236,710 General Services Fund Expenditures Administration 332,410 89,544 85,578 3,966 4% 0 332,410 Building & Maintenance 4,903,180 1,331,086 1,165,508 165,578 12% 0 4,903,180 Total Expenditures 5,235,590 1,420,630 1,251,086 169,544 12% 0 5,235,590 ADMINISTRATIVE SERVICES FUND Administrative Services Revenues Operating Revenue 9,723,730 2,430,930 2,382,062 (48,868) -2% 0 9,723,730 Non-Operating Revenue 177,000 44,251 62,529 18,278 41% 0 177,000 Transfers In 0 n/a 0 Fund Reserves 300,000 0 n/a 0 300,000 Total Revenues 10,200,730 2,475,181 2,444,591 (30,590) -1% 0 10,200,730 Administrative Services Expenditures Information Technology/Admin 393,070 110,153 103,583 6,570 6% 0 393,070 Information Tech/Network Svcs 2,643,100 916,751 830,331 86,420 9% 0 2,643,100 Info Tech/Software Applications 2,034,880 641,269 467,306 173,963 27% 0 2,034,880 Info Tech/Telecommunications 1,141,640 289,198 216,294 72,904 25% 0 1,141,640 Pub CommlCourier 182,050 46,811 27,199 19,612 42% 0 182,050 Pub CommlGraphics 408,330 111,184 98,252 12,932 12% 0 408,330 Clearwater Customer Service 3,394,570 1,018,094 944,510 73,584 7% 0 3,394,570 Total Expenditures 10,197,640 3,133,460 2,687,475 445,985 14% 0 10,197,640 GARAGE FUND Garage Fund Revenues Billings to Departments 12,704,000 3,176,010 2,996,224 (179,786) -6% 0 12,704,000 Non-Operating Revenue 589,770 141,870 258,837 116,967 82% 0 589,770 Transfers In 0 n/a 0 Fund Reserves 0 n/a 0 Total Revenues 13,293,770 3,317,880 3,255,061 (62,819) -2% 0 13,293,770 Garage Fund Expenditures Fleet Maintenance 12,656,050 3,414,880 3,071,948 342,932 10% 0 12,656,050 Radio Communications 637,720 163,757 88,742 75,015 46% 0 637,720 Total Expenditures 13,293,770 3,578,637 3,160,690 417,947 12% 0 13,293,770 19 Item # 2 Attachment number 12 Page 2 of 2 INTERNAL SERVICE FUNDS FIRST QUARTER REVIEW For Three Month Period of October 1, 2007 - December 31, 2007 2007/08 First First 2007/08 Adopted Quarter Quarter Budget Proposed 1 Qtr Amended Budget Projection Actual Variance % Amendment Budget CENTRAL INSURANCE FUND Central Insurance Fund Revenues Billings to Departments 19,728,790 4,932,198 5,807,366 875,168 18% 0 19,728,790 Non-Operating Revenue 1,400,000 350,000 444,483 94,483 27% 0 1,400,000 Transfers In 177,270 159,270 141,488 (17,782) -11% 0 177,270 Fund Reserves 0 n/a 384,278 384,278 Total Revenues 21,306,060 5,441,468 6,393,337 951,869 17% 384,278 21,690,338 Central Insurance Fund Expenditures Finance/Risk Management 410,420 117,321 104,040 13,281 11% 24,000 434,420 Hum Resources/Employee Benefits 322,180 88,159 80,508 7,651 9% 0 322,180 Non-Departmental 19,253,440 4,813,356 4,398,682 414,674 9% 360,278 19,613,718 Total Expenditures 19,986,040 5,018,836 4,583,230 435,606 9% 384,278 20,370,318 20 Item # 2 Attachment number 13 Page 1 of 1 Clearwater, Florida CAPITAL IMPROVEMENT FUND First Quarter Summary FY 2007/08 The amended 2007/08 Capital Improvement Program budget report is submitted for the City Council's first quarter review. The net proposed amendment is a budget increase of $9,438,088. This review provides the opportunity to examine the status of all active projects and present formal amendments to the project budgets. Fiscally significant budget increases encompassed within this review are as follows: The City Council did not previously approve the following Capital Improvement Budget increase: >- Streets & Sidewalks - To record a budget transfer of $3,964,108.01 in Road Millage from project 315-92266, Streets, Sidewalks & Bridges. This closes one of the two active streets and sidewalks projects. >- Downtown Boat Slips - To record a budget increase of $50,000 in Contributions from Other Governmental Units. This represents the second year commitment from the DDB. >- Bio-Solids Treatment - To record a budget increase of $89,875.55 in Other Governmental revenue, which represents actual reimbursements anticipated. A portion of this of $40,581.19 was approved by the City Council on December 20,2007. >- Storm System Expansion - To record a budget transfer of $63,868.33 in Stormwater Bond proceeds from project 380-96160, Cooper's Point Observation Tower. That project will be closed. To record a budget increase of $62,989.62 in Stormwater revenue, which will be transferred from the unappropriated retained earnings of the Stormwater Fund. This represents excess funding in the debt service fund. A third budget amendment transfers $27,472.18 in Stormwater revenue from project 315-96124, Storm Pipe System Improvements. This was approved by the City Council on March 6, 2008 to provide enough funding for the purchase of property. >- Coastal Basins Improvements - To record a budget transfer of $3,335.92 in Stormwater revenue from project 315-96150, Morningside Meadows Drainage. That project will be closed. To record a budget transfer of $144,358.48 in Stormwaterrevenue from project 315-96160, Cooper's Point Observation Tower. This project will also be closed. To record a budget transfer of $717,220 in Stormwater revenue from project 315-96162, Channel Improvements. This project will be closed. >- Reclaimed Water Distribution System - To record a budget increase of 775,981.55 in Other Government revenue, representing reimbursements received from SWFWMD. This will bring the cash in the project in line with the project budget. All significant budget increases that haYe been previously approved by the Council are listed below: Downtown Streetscape New Sidewalks National Guard Armory Renovations Beach Library/Recreation Center Renovations Downtown Boat Slips Beach Recreation Center Boat Ramp Replacement Stevenson Creek Implementation Projects Bio-Solids Treatment WWTP Headworks WPCR&R Project RllcI~t Increase 131,346 161,015 610,410 280,873 10,450,000 700,000 1,040,623 89,876 1,395,052 269,515 Council Approval 3/6/08 1/17/08 10/4/07 1/17/08 4/19/07 12/20107 5/3/07 & 2/21/08 12/20107 12/20107 12/20107 21 Item # 2 Attachment number 14 Page 1 of 10 CAPITAL IMPROVEMENT FUND First Quarter Amendments FY 2007!08 Increase! Amdmt Project (decrease) Transfer Net Budget # Number Amount Amount Description Amendment Police Computer Network - Budget Amendment Only 316-91147 (805,302) * To record a budget decrease of $805,302.28 in Lease Purchase revenue. This will decrease the project budget to correspond with the budgeted debt in the operating budget. (805,302) Vehicle Support - Budget Amendment Only 2 316-91226 7,000 * To record a budget increase of $7,000.00 in Lease Purchase revenue. This was approved by the City Council on November 15, 2007 to provide additional funding for the purchase of the fire rescue boat. 7,000 Streets, Sidewalks & Bridges - CLOSE PROJECT 3 315-92266 (3,964,708) To record a budget transfer of $3,964,708.01 in Road Millage to project 315-92273, Streets & Sidewalks. This closes one of the two active streets and sidewalks projects (3,964,708) Beach Walk 4 315-92267 12,000 To record a budget transfer of $12,000.00 in General Fund revenue from project 315-93273, Restrooms on Clearwater Beach. This was approved by the City Council on October 4, 2007 to provide additional funding for the construction of a storage building on Pier 60. 12,000 Downtown Streetscape To record budget transfers of $81 ,946.03, as follows: 5 315-92269 49,176 $49,176.03 in Gas Tax revenue from 315-92558, Intersection Improvements 315-92269 17,420 $17,420.00 in Parking Fund revenue from 315-92630, Parking Lot Resurfacing 315-92269 15,350 $15,350.00 in Parking Fund revenue from 315-92636, Parking Lot Improvements This was approved by the City Council on March 6, 2008 as part of Change Order #5. The Gas Tax revenue will fund the video detection system and signal heads. The Parking revenue will fund the parking items. 315-92269 49,400 * To also record a budget increase of $49,400.00 representing a contribution from the Downtown Development Board to fund the cost of directory signs. This, too, was approved by the City Council on March 6, 2008 as part of the approval of Change Order #5. 131,346 Courtney Campbell Landscape Improvements - CLOSE PROJECT 6 315-92271 (27,885) * To record a budget decrease of $27,885.35 in grant revenue from the Florida Department of Transportation. This will bring the budget in line with the actual grant revenue received. The project is complete and will be closed out. (27,885) Item # 2 22 * indicates budget amendment only Attachment number 14 Page 2 of 10 CAPITAL IMPROVEMENT FUND First Quarter Amendments FY 2007!08 Increase! Amdmt Project (decrease) Transfer Net Budget # Number Amount Amount Description Amendment Streets & Sidewalks 7 315-92273 3,964,708 To record a budget transfer of $3,964,708.01 in Road Millage from project 315-92266, Streets, Sidewalks & Bridges. This closes one of the two active streets & sidewalks projects 315-92273 (161,015) To record a budget transfer of $161 ,015.25 in Road Millage to project 315-92558, Intersection Improvements. This was approved by the City Council on January 17, 2008 to provide additional funding for the 2007 sidewalk contract. 3,803,693 New Sidewalks 8 315-92339 161,015 To record a budget transfer of $161 ,015.25 in Development Impact Fee revenue from project 315-92558, Intersection Improvements. This was approved by the City Council on January 17, 2008 to provide additional funding for the 2007 sidewalk contract. 161,015 Signal R&R 9 315-92552 (170,516) To record a budget transfer of $170,515.62 in Road Millage to project 315-92558, Intersection Improvements. 315-92552 170,516 This will be offset by a budget transfer of $170,515.62 in Gas Tax from project 315-92558, Intersection Improvements. This will move the Road Millage revenue to a project where it can be spent more appropriately. Intersection Improvements 10 315-92558 (161,015) To record a budget transfer of $161 ,015.25 in Development Impact Fee revenue to project 315-92339, New Sidewalks. This will be offset by a transfer of 315-92558 161,015 $161,015.25 in Road Millage from project 315-92273, Streets & Sidewalks. This was approved by the City Council on January 17, 2008 to provide additional funding for the 2007 sidewalk contract. 315-92558 (49,176) To record a budget transfer of $49,176.03 in Gas Tax to project 315-92269, Downtown Streetscape. This was approved by the City Council on March 6, 2008 to fund the video detection system and signal heads as part of Change Order #5. 315-92558 (170,516) To record a budget transfer of $170,515.62 in Gas Tax to project 315-92552, Signal R&R. This will be offset by 315-92558 170,516 a transfer of $170,515.62 in Road Millage from project 315-92552, Signal R&R. This will move the Road Millage revenue to a project where it can be spent more appropriately. (49,176) Parking Lot Resurfacing 11 315-92630 (17,420) To record a budget transfer of $17,420.00 in Parking Fund revenue to project 315-92269, Downtown Streetscape. This was approved by the City Council on March 6, 2008 to fund the parking items for Change Order #5. (17,420) Item # 2 23 * indicates budget amendment only Attachment number 14 Page 3 of 10 CAPITAL IMPROVEMENT FUND First Quarter Amendments FY 2007!08 Increase! Amdmt Project (decrease) Transfer Net Budget # Number Amount Amount Description Amendment Parking Lot Improvements 12 315-92636 (15,350) To record a budget transfer of $15,350.00 in Parking Fund revenue to project 315-92269, Downtown Streetscape. This was approved by the City Council on March 6, 2008 to fund the parking items for Change Order #5. (15,350) Beach Area Traffic Study - NEW PROJECT To establish the project and record a budget increase of 13 315-92837 30,750 $30,750.00 in Transportation Impact Fee revenue. This was approved by the City Council on November 15, 2007 to fund a traffic study to evaluate the feasibility of increasing hotel density on Clearwater Beach. 315-92837 7,500 To record a budget increase of $7,500.00 in General Fund revenue, which will be transferred from operating savings within the Planning Department budget. This will fund additional consultant work. 38,250 Bayview Park - CLOSE PROJECT 14 315-93129 (759) To record a budget transfer of $758.88 in General Fund revenue to project 315-93278, Long Center Infrastructure Repairs. The Bayview Park project is complete and can be closed. (759) Long Center Playground - CLOSE PROJECT 15 315-93214 (949) To record a budget transfer of $948.95 in General Fund revenue to project, 315-93278, Long Center Infrastructure Repairs. The Long Center Playground project is complete and can be closed. (949) Parks & Beautification Trucks - CLOSE PROJECT 16 315-93244 (4,913) * To record a budget decrease of $4,913.00 in Lease Purchase revenue, which will close the project. The vehicles have been purchased. (4,913) National Guard Armory Renovations 17 315-93248 10,076 To record a budget transfer of $1 0,076.49 in Penny for Pinellas revenue from project 315-93252, EC Moore East Batting Tunnel. 315-93248 600,000 To record a budget increase of $600,000.00 in Penny for Pinellas revenue, which will be transferred from the unappropriated Penny for Pinellas revenue in the Special Development Fund. Both amendments were approved by the City Council on October 4, 2007 for the contract to renovate the Clearwater Armory. 315-93248 64 To record a budget transfer of $63.85 in Penny for Pinellas revenue from project 315-93252, EC Moore East Batting Tunnel. This will close that project, which is complete. 610,140 Item # 2 24 * indicates budget amendment only Attachment number 14 Page 4 of 10 CAPITAL IMPROVEMENT FUND First Quarter Amendments FY 2007!08 Increase! Amdmt Project (decrease) Transfer Net Budget # Number Amount Amount Description Amendment EC Moore East Batting Tunnel - CLOSE PROJECT 18 315-93252 (10,076) To record a budget transfer of $1 0,076.49 in Penny for Pinellas revenue to project 315-3248, National Guard Armory Renovations, which will close the EC Moore East Batting Tunnel project. This was approved by the City Council on October 4, 2007 for the contract to renovate the Clearwater Armory. 315-93252 (64) To record a budget transfer of $63.85 in Penny for Pinellas revenue to project 315-93248, National Guard Armory Renovations. This will close the project, which is complete. (10,140) Jack Russell Stadium Infrastructure Repairs & Demolition 19 315-93254 1,087 * To record a budget increase of $1 ,086.63 in Sale of Surplus revenue to recognize actual revenue received in the project. To also record a budget increase of 315-93254 3,381 $3,381.25 in General Fund revenue, which will be transferred from unappropriated retained earnings of the General Fund. This is for sale of scrap revenue that was inadvertently recorded in the General Fund last year, but should have been recorded in this project. 4,468 Countryside Community Park Building 20 315-93256 72,775 To record a budget increase of $72,775.00 in General Fund, which will be transferred from unappropriated retained earnings of the General Fund. This will be offset by a 315-93256 (72,775) * budget decrease of $72,775.00 in donation revenue. This was approved by the City Council on October 4, 2007 to provide the cash until all the donations are received from the Countryside Little League and Clearwater For Youth. As the actual donations are received, the General Fund will be reimbursed. 315-93256 (5,000) To record a budget decrease of $5,000.00 in General Fund revenue, which will be returned to the unappropriated retained earnings of the General Fund. This is returning a portion of the reimbursement to the General Fund equal to actual donations received in the project. 315-93256 5,000 * To record a budget increase of $5,000.00 in Donation revenue, to recognize the actual cash donation received. Public Art Maintenance To record a budget transfer of $125.00 in Gas Fund revenue 21 325-93263 125 from project 325-96384, Gas Building Renovation. This is based on the approval of the Public Arts Ordinance #7489-05, which was approved by the City Council on October 6, 2005. Section 3-2403, Item 5 of that ordinance approved the transfers to this maintenance account. 125 Item # 2 25 * indicates budget amendment only Attachment number 14 Page 5 of 10 CAPITAL IMPROVEMENT FUND First Quarter Amendments FY 2007/08 Increase/ Amdmt Project (decrease) Transfer Net Budget # Number Amount Amount Description Amendment Beach Library/Recreation Center Renovations 22 315-93265 280,873 To record a budget increase of $280,873.15 in General Fund revenue, which will be transferred from unappropriated retained earnings of the General Fund. This was approved by the City Council on January 17, 2008 to provide additional funding for the contract to Oakhurst Construction. 280,873 Restrooms on Clearwater Beach 23 315-93273 (12,000) To record a budget transfer of $12,000.00 in General Fund revenue to project 315-92267, Beach Walk. This was approved by the City Council on October 4, 2007 to provide additional funding for the construction of a storage building on Pier 60. (12,000) Long Center Infrastructure Repairs 24 315-93278 759 To record a budget transfer of $758.88 in General Fund revenue from project 315-93129, Bayview Park. The Bayview Park project is complete and can closed 315-93278 949 To record a budget transfer of $948.95 in General Fund revenue from project, 315-93214, Long Center Playground The Long Center Playground project is complete and can be closed. 1,708 Downtown Boat Slips 25 315-93405 50,000 To record a budget increase of $50,000.00 in Contributions from Other Governmental Units, representing the second year commitment from the DDB. 362-93405 10,400,000 * To record a budget increase of $1 0,400,000.00 in Bond revenue. This will establish the bond budget for this project as approved by reimbursement resolution to the Council on April 19, 2007. 10,450,000 Beach Recreation Center Boat Ramp Replacement - NEW PROJECT To establish the project and record a budget increase of 26 315-93408 700,000 $700,000.00 in General Fund revenue, which will be transferred from the unappropriated retained earnings of the General Fund. This was approved by the City Council on December 20, 2007. 700,000 City-Wide Connectivity Infrastructure To record a budget transfer of $145.00 in General Fund 27 315-94729 145 revenue from project 315-94814, Network Infrastructure & Server R&R. This was the only remaining cash in that project and was too small of amount to be used. 145 Network Infrastructure & Server R&R To record a budget transfer of $145.00 in General Fund 28 315-94814 (145) revenue to project 315-94729, City-Wide Connectivity Infrastructure. This moves the only remaining cash in the project, which was too small of an amount to be used. (145) Item # 2 26 * indicates budget amendment only Attachment number 14 Page 6 of 10 CAPITAL IMPROVEMENT FUND First Quarter Amendments FY 2007!08 Increase! Amdmt Project (decrease) Transfer Net Budget # Number Amount Amount Description Amendment Storm Pipe System Improvements 29 377-96124 52,511 To record a budget transfer of $52,511.31 in Stormwater Bond proceeds from project 377-96144, Stevenson Creek Implementation Projects. This will be offset by a budget 315-96124 (52,511 ) transfer of $52,511.31 in Stormwater revenue to project 315-96144, Stevenson Creek Implementation Projects. 357-96124 94,737 To record a budget transfer of $94,737.27 in Stormwater Bond proceeds from project 357-96152, Lake Bellevue 315-96124 (94,737) Stormwater Improvements. This will be offset by a budget transfer of $94,737.27 in Stormwater revenue to project 315-96152, Lake Bellevue Stormwater Improvements. All the above amendments were approved by the City Council on February 21, 2008 for the repair and rehab of stormwater pipelines. 315-96124 (27,472) To record a budget transfer of $27,472.18 in Stormwater revenue to project 315-96149, Storm System Expansion. This was approved by the City Council on March 6, 2008 to provide enough funding for the purchase of property. (27,472) Stevenson Creek Implementation Projects 30 377-96144 (52,511 ) To record a budget transfer of $52,511.31 in Stormwater Bond proceeds to project 377-96124, Storm Pipe System Improvements. This will be offset by a budget transfer of 315-96144 52,511 $52,511.31 in Stormwater revenue from project 315- 96124, Storm Pipe System Improvements. Both amendments were approved by the City Council on February 21, 2008 for the repair and rehab of stormwater pipelines. 315-96144 48,693 * To record a budget increase of $48,693.27 in SWFWMD revenue. This will increase this funding to the anticipated level of reimbursement. 315-96144 (8,071) * To record a budget decrease of $8,070.64 in Florida Department of Environmental Protection revenue. This will reduce this funding down to the level of anticipated reimbursement. 315-96144 1,000,000 * To record a budget increase of $1 ,000,000.00 in SWFWMD revenue. This was approved by the City Council on May 3, 2007 to fund a portion of the Spring Branch Improvements. 1,040,623 Storm System Expansion 31 380-96149 63,868 To record a budget transfer of $63,868.33 in Stormwater Bond proceeds from project 380-96160, Cooper's Point Observation Tower. That project will be closed. 315-96149 62,990 To record a budget increase of $62,989.62 in Stormwater revenue, which will be transferred from the unappropriated retained earnings of the Stormwater Fund. This represents excess funding in the debt service fund. Item # 2 27 * indicates budget amendment only Attachment number 14 Page 7 of 10 CAPITAL IMPROVEMENT FUND First Quarter Amendments FY 2007!08 Increase! Amdmt Project (decrease) Transfer Net Budget # Number Amount Amount Description Amendment Storm System Expansion (continued) 315-96149 27,472 To record a budget transfer of $27,472.18 in Stormwater revenue from project 315-96124, Storm Pipe System Improvements. This was approved by the City Council on March 6, 2008 to provide enough funding for the purchase of property. 154,330 Morningside Meadows Drainage - CLOSE PROJECT 32 315-96150 (3,336) To record a budget transfer of $3,335.92 in Stormwater revenue to project 315-96161, Coastal Basin Improvements. This will close the Morningside Meadows project. (3,336) Lake Bellevue Stormwater Improvements To record a budget transfer of $94,737.27 in Stormwater 33 357-96152 (94,737) Bond proceeds to project 357-96124, Storm Pipe System Improvements. This will be offset by a budget transfer of $94,737.27 in Stormwater revenue from project 315- 315-96152 94,737 96124, Storm Pipe System Improvements. Both amendments were approved by the City Council on February 21, 2008 for the repair and rehab of stormwater pipelines. 315-96152 8,071 * To record a budget increase of $8,070.65 of Florida Department of Environmental Protection revenue. This will reflect the anticipated level of reimbursement. 315-96152 (48,693) * To record a budget decrease of $48,693.27 in SWFWMD funding. This will reduce this funding down to the level of anticipated reimbursement. ( 40,623) Coopers Point Observation Tower - CLOSE PROJECT 34 315-96160 (19,436) * To record a budget decrease of $19,435.73 in Florida Department of Environmental Protection revenue, which will equal actual reimbursements received. 315-96160 (144,358) To record a budget transfer of $144,358.48 in Stormwater revenue to project 315-96161, Coastal Basin Improvements. To record a budget transfer of $98,470 in Stormwater Bond proceeds, as follows: 380-96160 * (63,868) $63,868.33 to 380-96149, Storm System Expansion 380-96160 * (34,602) $34,601.67 to 380-96161, Coastal Basin Improvements The above amendments will close the Coopers Point project. (262,264) Coastal Basin Improvements 35 315-96161 3,336 To record a budget transfer of $3,335.92 in Stormwater revenue from project 315-96150, Morningside Meadows Drainage. That project will be closed. 315-96161 144,358 To record a budget transfer of $144,358.48 in Stormwater revenue from project 315-96160, Coopers Point Observation Tower. That project will be closed. Item # 2 28 * indicates budget amendment only Attachment number 14 Page 8 of 10 CAPITAL IMPROVEMENT FUND First Quarter Amendments FY 2007!08 Increase! Amdmt Project (decrease) Transfer Net Budget # Number Amount Amount Description Amendment Coastal Basin Improvements (continued) 315-96161 717,220 To record a budget transfer of $717,220.00 in Stormwater revenue from project 315-96162, Channel Improvements. That project will be closed. 380-96161 34,602 To record a budget transfer of $34,601.67 in Stormwater Bond proceeds from project 380-96160, Coopers Point Observation Tower. That project will be closed. 899,516 Channel Improvements - CLOSE PROJECT 36 315-96162 (717,220) To record a budget transfer of $717,220.00 in Stormwater revenue to project 315-96161, Coastal Basin Improvements. This will close the project. (717,220) Line Relocation Pinellas - Maintenance 37 315-96365 (665,000) To record a budget decrease of $665,000.00 in Gas Fund revenue, which will be transferred back to the Gas Fund. This was approved by the City Council on September 6, 2007 to designate the Gas Bonds as Qualified Tax Exempt Obligations and the approval of the cash defeasance of certain outstanding Gas Bonds. (665,000) Pinellas New Mains & Service Lines 38 315-96377 (500,000) To record a budget decrease of $500,000.00 in Gas Fund revenue, which will be transferred back to the Gas Fund. This was approved by the City Council on September 6, 2007 to designate the Gas Bonds as Qualified Tax Exempt Obligations and the approval of the cash defeasance of certain outstanding Gas Bonds. (500,000) Pasco New Mains & Service Lines 39 315-96378 (3,000,000) To record a budget decrease of $3,000,000.00 in Gas Fund revenue, which will be transferred back to the Gas Fund. This was approved by the City Council on September 6, 2007 to designate the Gas Bonds as Qualified Tax Exempt Obligations and the approval of the cash defeasance of certain outstanding Gas Bonds. (3,000,000) Gas Building Renovation To record a budget transfer of $125.00 in Gas Fund revenue 40 325-96384 (125) to project 325-93263, Public Art Maintenance. This is based on the approval of the Public Arts Ordinance #7489-05, which was approved by the City Council on October 6, 2005. Section 3-2403, Item 5 of that ordinance approved the transfers to this maintenance account. (125) Item # 2 29 * indicates budget amendment only Attachment number 14 Page 9 of 10 CAPITAL IMPROVEMENT FUND First Quarter Amendments FY 2007!08 Increase! Amdmt Project (decrease) Transfer Net Budget # Number Amount Amount Description Amendment City-Wide Aerial Photography 41 315-96516 6,000 To record a budget transfer of $12,000.00 consisting of 315-96516 6,000 $6,000 in Water revenue and $6,000.00 in Sewer revenue from project 315-96523, Public Utilities Administration Building R&R. This will be offset by a $12,000.00 budget 327 -96516 (12,000) transfer of Utility R&R to project 327-96523, Public Utilities Administration Building R&R. This amendment will eliminate the Utility R&R revenue in this project, which cannot be used. Public Utilities Administration Building R&R - BUDGET AMENDMENT ONLY 42 315-96523 (6,000) To record a budget transfer of $12,000.00 consisting of 315-96523 (6,000) $6,000 in Water revenue and $6,000.00 in Sewer revenue to project 315-96516, City-Wide Aerial Photography. 327 -96523 12,000 This will be offset by a $12,000.00 budget transfer of Utility R&R from project 327-96516, City-Wide Aerial Photography. This amendment will eliminate the Utility R&R revenue in this project, which cannot be used. WWTP New Blending Tanks 43 376-96602 ( 400,000) To record a budget transfer of $400,000.00 in Water & Sewer Bond proceeds to project 376-96620, WWTP Headworks. This was approved by the City Council on December 20, 2007 for the headworks screening and grit removal improvements. This will close the ( 400,000) Blending Tanks projects, which has been cancelled. Bio-Solids Treatment - BUDGET AMENDMENT ONLY 44 315-96611 49,294 * To record a budget increase of $49,294.36 in Other Governmental revenue, which represents actual reimbursements received from the City of Safety Harbor. 315-96611 40,581 * To record a budget increase of $40,581.19 in Other Governmental revenue, which represents anticipated reimbursements expected from the City of Safety Harbor. This was approved by the City Council on December 20, 2007 89,876 WWTP Headworks 45 376-96620 400,000 To record a budget transfer of $400,000.00 in Water & Sewer Bond proceeds from project 376-96602, WWTP Blending Tanks. To record a budget transfer of 376-96620 830,000 $830,000.00 in Water & Sewer Bond proceeds from project 376-96666, Sanitary Sewer R&R. To record a 315-96620 434,567 * budget increase of $434,566.96 in Other Governmental revenue, representing anticipated reimbursements for this project from the City of Safety Harbor. All of these amendments were approved by the City Council on December 20, 2007 for the headworks screening and grit removal improvements. Item # 2 30 * indicates budget amendment only Attachment number 14 Page 10 of 10 CAPITAL IMPROVEMENT FUND First Quarter Amendments FY 2007!08 Increase! Amdmt Project (decrease) Transfer Net Budget # Number Amount Amount Description Amendment WWTP Headworks (continued) 376-96620 (269,515) To record a budget transfer of $269,515.00 in Water & Sewer Bond proceeds to project 376-96664, WPC R&R. This was approved by the City Council on December 20, 2007 as part of Change Order #1 to TLC Diversified. 1,395,052 Sanitary Utility Relocation 46 343-96634 (99,320) To record a budget transfer of $99,320.27 in 02 Water & Sewer Bond proceeds to project 343-96665, Sanitary Collection and Transmission R&R. This will be offset by 376-96634 * 99,320 a budget transfer of $99,320.27 in 09 Water & Sewer Bond proceeds from project 376-96665, Sanitary Collection and Transmission R&R. This will allow the oldest bond revenue to be spent first. WPC R&R 47 376-96664 269,515 To record a budget transfer of $269,515.00 in Water & Sewer Bond proceeds from project 376-96620, WWTP Headworks. This was approved by the City Council on December 20, 2007 as part of Change Order #1 to TLC Diversified. 269,515 Sanitary Collection and Transmission R&R 48 343-96665 99,320 To record a budget transfer of $99,320.27 in 02 Water & Sewer Bond proceeds from project 343-96634, Sanitary Utility Relocation. This will be offset by a budget transfer 376-96665 (99,320) of $99,320.27 in 09 Water & Sewer Bond proceeds from project 376-96634, Sanitary Utility Relocation. This will allow the oldest bond revenue to be spent first. WWTP New Bypass & NE Pump 49 376-96666 (830,000) To record a budget transfer of $830,000.00 in Water & Sewer Bond proceeds to project 376-96602, WWTP New Blending Tanks. This was approved by the City Council on December 20, 2007 for the headworks screening and grit removal improvements. This will close the Blending Tanks project, which has been cancelled. (830,000) Reclaimed Water Distribution - BUDGET AMENDMENT ONLY 50 315-96739 775,982 * To record a budget increase of $775,981.55 in Other Governmental revenue, representing reimbursements received from SWFWMD. This will bring the cash in the project in line with the project budget. 775,982 Water - Pick Up Trucks - BUDGET AMENDMENT ONLY 51 316-96757 (32,780) * To record a budget decrease of $32,780.00 in Lease Purchase revenue. All currently approved vehicles have been purchased. (32,780) TOTALS 9,438,088 9,438,088 Item # 2 31 * indicates budget amendment only Attachment number 15 Page 1 of 6 CAPITAL IMPROVEMENT PROGRAM PROGRAM & STATUS SUMMARY FIRST QUARTER: OCTOBER 1, 2007 - DECEMBER 31,2007 Actual Expenditures Budget Revised Project Open Available Amend Description 10/1/07 Amdmts Budget To Date Encumbr Balance Status Ref PUBLIC SAFETY Police Protection 91147 Police Computer Network - II 1,201,330 (805,302) 396,028 146,028 250,000 Sub-Total 1,201,330 (805,302) 396,028 146,028 250,000 Fire Protection 91221 EMS Capital Equipment 1,037,316 1,037,316 973,608 63,707 91226 Vehicular Support 498,509 7,000 505,509 365,087 86,000 54,422 2 91229 Replace & Upgrade Airpacks 677,000 677,000 411,976 20,942 244,082 91236 Rescue Vehicle 250,000 250,000 250,000 91240 Fire GIS 74,000 74,000 16,595 8,203 49,202 91242 Fire Training Facility 4,915,000 4,915,000 742,448 3,950,374 222,178 91245 Fire Garage Door Replcmt 94,000 94,000 94,000 C 91247 Traffic Pre-Emption 180,000 180,000 29,548 150,452 91252 Station 48 Renovation/Expansion 651,500 651,500 65,742 15,658 570,100 91253 Main Station (Fire) 3,000,000 3,000,000 50,944 50,325 2,898,731 91255 Exhaust Systems 155,480 155,480 1 55,480 91256 Security Access Systems 90,380 90,380 37,647 4,494 48,238 91257 AED Program 60,500 60,500 14,950 21,788 23,762 91258 Ladder Truck Equipment 150,000 150,000 72,857 5,922 71,221 91259 Radio Replacements 100,000 100,000 49,965 50,035 91260 Thermal Imaging Cameras 20,000 20,000 9,486 10,514 91261 Personal Protection Equipment 323,000 323,000 189,807 133,193 91262 SCBA Upgrades-Fill Station 73,900 73,900 73,900 91263 Extrication Tools 56,000 56,000 40,179 15,821 Sub-Total 12,406,585 7,000 12,413,585 3,164,840 4,163,707 5,085,038 TRANSPORTATION New Street Construction 92146 Druid Rd Improvements 3,112,191 3,112,191 1,438,854 154,105 1,519,232 Sub-Total 3,112,191 3,112,191 1,438,854 154,105 1,519,232 Major Street Maintenance 92259 Traffic Calming 11,687,941 11,687,941 2,509,439 2,348,238 6,830,264 92266 Streets, Sidewalks & Bridges 14,498,751 (3,964,708) 10,534,043 10,534,043 C 3 92267 Beach Walk 31,326,849 12,000 31,338,849 23,159,239 7,954,757 224,852 4 92268 Bluff to Beach Guideway 140,000 140,000 90,000 50,000 92269 Downtown Streetscape 11,523,314 131,346 11,654,660 8,671,250 1,711,575 1,271,835 5 92270 Gulf to Bay / Highland Imprv 1,500,000 1,500,000 1,500,000 92271 Courtney Campbell Landscape 150,000 (27,885) 122,115 122,115 C 6 92273 Streets & Sidewalks 2,775,720 3,803,693 6,579,413 90,416 678,384 5,810,613 7 92274 Bridge Maint Improvements 200,000 200,000 4,627 195,373 Sub-Total 73,802,575 (45,555) 73,757,021 45,181,129 12,692,955 15,882,937 Sidewalks and Bike Trail 92339 New Sidewalks 389,833 161,015 550,848 385,231 165,617 8 92340 Clw Bch West Bridge Co 4,967,166 4,967,166 2,467,112 1 ,992,399 507,654 92342 Beach Connector Trail 287,809 287,809 186,158 45,792 55,858 Sub-Total 5,644,808 161,015 5,805,823 3,038,502 2,038,192 729,130 Intersections 92551 City-Wide Intersection Imprv 915,778 915,778 441,009 474,768 92552 Signal Renovation 1,065,698 1,065,698 853,587 212,112 9 92553 New Signal Installation 841,789 841,789 608,257 368 233,164 92558 Intersection Improvements-II 1,834,918 (49,176) 1,785,742 508,583 262,841 1,014,318 10 Sub-Total 4,658,183 (49,176) 4,609,007 2,411,436 263,209 1,934,361 Item # 2 32 Attachment number 15 Page 2 of 6 CAPITAL IMPROVEMENT PROGRAM PROGRAM & STATUS SUMMARY FIRST QUARTER: OCTOBER 1, 2007 - DECEMBER 31,2007 Actual Expenditures Budget Revised Project Open Available Amend Description 10/1/07 Amdmts Budget To Date Encumbr Balance Status Ref Parking 92630 Parking Lot Resurfacing 1,529,023 (17,420) 1,511,603 593,285 918,317 11 92632 Pkng Garage Structure Rpr 1 ,293,432 1 ,293,432 688,954 604,477 92636 Parking Lot Improvement 1,212,977 (15,350) 1,197,627 586,303 80,018 531,306 12 92641 Seashell Parking Lot 6,000,000 6,000,000 6,000,000 92646 Station Square Parking 1,300,000 1,300,000 1,300,000 Sub-Total 11,335,431 (32,770) 11,302,661 1,868,542 80,018 9,354,101 Miscellaneous Engineering 92820 Memorial Causeway Br Repl 37,258,665 37,258,665 36,906,403 87,055 265,207 92822 Miscellaneous Engineering 434,025 434,025 262,765 171,260 92837 Beach Area Traffic Study 38,250 38,250 30,750 7,500 13 Sub-Total 37,692,690 38,250 37,730,940 37,169,167 117,805 443,967 lEISURE land Acquisition 93129 Bayview Park 650,000 (759) 649,241 649,241 C 14 Sub-Total 650,000 (759) 649,241 649,241 Park Development 93203 Carpenter Fld-Infras Rep/lmp 150,000 150,000 43,821 29,798 76,381 93204 Concrete Sidewalk & Pad 422,913 422,913 355,521 67,391 93205 Com Sprts Cmp Infr Repllmp 275,822 275,822 215,096 60,725 93210 Mem Cswy Lndscp/Beaut 1,260,135 1,260,135 988,300 164,606 107,230 93213 Prk Amenity Purch & Rplcmnt 734,942 734,942 661,668 73,273 93214 Long Center Playground 555,000 (949) 554,051 554,051 C 15 93229 Tennis Court Resurfacing 569,082 569,082 483,167 85,916 93230 Playground & Fitness Equip Purch i 1,305,210 1,305,210 1,149,292 54,747 101,171 93241 Crest Lake Pk Improvemts 200,000 200,000 188,884 11,116 93244 P&B Trucks 34,500 (4,913) 29,587 29,587 C 16 93246 Long Center Pool Project 925,000 925,000 880,327 1,040 43,633 93247 Fitness Equipment Replacement 75,000 75,000 29,454 45,546 93248 National Guard Armory Renovation 220,000 610,140 830,140 81,488 699,779 48,874 17 93251 Morningside Rec Ctr Replacement 3,135,000 3,135,000 40,407 2,070 3,092,523 93252 EC Moore East Bat Tunnel 225,456 (10,140) 215,315 215,315 C 18 93254 JRS Infrast Rep & Demo 224,918 4,468 229,386 221 ,503 7,883 19 93255 P&B Maint Bldg 100,000 100,000 7,251 80,213 12,536 93256 CIS Comm Pk Bldg 425,000 425,000 78,999 338,776 7,225 20 93257 Joe D Sports Complex Demo 296,000 296,000 10,424 131,529 154,048 93262 Fencing Replacemt Program 992,555 992,555 816,938 656 174,962 93263 Public Art Maintenance 1,373 125 1,498 1,498 21 93264 Enterprise Rd Dog Park 400,000 400,000 20,445 379,555 93265 Beach Lib/Rec Ctr Renovations 490,000 280,873 770,873 17,985 12,954 739,934 22 93269 Light Replacement 1,501,676 1,501,676 1,391,725 109,951 93271 Swimming Pool R&R 354,400 354,400 230,780 499 123,121 93272 Bike Paths/Bridges 1,730,000 1,730,000 981,659 22,666 725,675 93273 Restrooms on Clwr Beach 600,000 (12,000) 588,000 588,000 23 93277 Harborview Infra Repllmpr 535,451 535,451 311,006 224,446 93278 Long Center Infra Repairs 317,000 1,708 318,708 249,686 69,022 24 93283 CIS Rec Ctr BB Crt Refurbishmt 70,000 70,000 53,792 16,208 93286 Pking Lot/Bike Pth Rsrllmprv 386,943 386,943 256,173 130,771 93601 Lake Chat Equest & Nat Preser 6,000,000 6,000,000 6,000,000 93602 Sp Events Equip Rep & Replcmt 30,000 30,000 30,000 93603 Forklift 34,000 34,000 34,000 93604 Brdwlks & Docks Rep & Replcmt 50,000 50,000 50,000 Sub-Total 24,627,375 869,312 25,496,687 10,564,742 1,539,333 13,392,612 Item # 2 33 Attachment number 15 Page 3 of 6 CAPITAL IMPROVEMENT PROGRAM PROGRAM & STATUS SUMMARY FIRST QUARTER: OCTOBER 1, 2007 - DECEMBER 31,2007 Actual Expenditures Budget Revised Project Open Available Amend Description 10/1/07 Amdmts Budget To Date Encumbr Balance Status Ref Marine Facilities 93402 Bayfront Promenade 1,047,007 1,047,007 213,288 78,772 754,946 93403 Beach Guard Facility Maint 30,000 30,000 13,070 16,930 93404 High & Dry Marina Feasibility Study 54,000 54,000 54,000 C 93405 Downtown Boat Slips 486,796 10,450,000 10,936,796 389,296 126,247 10,421,253 25 93407 Sailing Center Expansion 400,000 400,000 51,395 39,264 309,341 93408 Bch Rec Ctr Boat Ramp Rplcmnt 700,000 700,000 700,000 26 93413 Utilities/Svcs Replace 383,966 383,966 370,205 13,761 93429 Dock Replacement & Repair 324,040 324,040 298,938 25,102 93490 Fuel System R&R 134,792 134,792 49,374 85,419 93495 Dock Construction 39,750 39,750 15,316 24,434 93496 Marine Fac Dredg/Maint 541,781 541,781 508,272 236 33,273 93497 Docks & Seawalls 486,085 486,085 98,558 24,960 362,567 93499 Pier 60/Sailing Ctr Maint 135,313 135,313 116,604 18,709 Subtotal 4,063,530 11,150,000 15,213,530 2,178,314 269,480 12,765,736 Airpark 94817 Airpark Maint & Repair 70,000 70,000 58,090 2,037 9,873 94846 FBO Bldg Improvements 250,000 250,000 121,596 13,099 115,305 Sub Total 320,000 320,000 179,686 15,136 125,178 Libraries 93523 New Main Library 19,230,130 19,230,130 18,861,575 35,390 333,165 93527 Books & Other Lib Mat - II 3,369,191 3,369,191 2,517,030 (600) 852,761 Sub Total 22,599,321 22,599,321 21,378,605 34,790 1,185,926 Garage 94230 Fleet Asset Mgmt Sys 250,702 250,702 237,552 12,609 540 94232 Radio User Equip Replcmt 900,000 900,000 704,938 195,062 94233 Motorized Equip-Cash II 538,179 538,179 467,608 70,572 94234 Motorized Equip - LP II 16,307,641 16,307,641 12,931,199 1,591,615 1 ,784,828 94236 Radio Simulcast Upgrade 462,258 462,258 394,019 68,239 94237 Other Fire Vehicles 18,000 18,000 18,000 Sub-Total 18,476,780 18,476,780 14,735,316 1,672,464 2,069,001 Building Maintenance 94510 Air Cond Replace-City Wide 2,118,459 2,118,459 1,655,820 4,049 458,590 94512 Roof Repairs 587,635 587,635 443,919 143,715 94514 Roof Replacements 1,495,334 1 ,495,334 812,828 682,506 94517 Painting of Facilities 721,925 721,925 306,950 414,975 94518 Fencing of Facilities 196,698 196,698 100,879 3,500 92,319 94519 Flooring for Facilities 794,642 794,642 642,479 152,163 94521 Elevator Refurb/Modernization 220,000 220,000 220,000 94522 B&M Asset Mgmt Sys 130,886 130,886 123,691 5,561 1,634 94524 Long Ct Major Infrst Imprvmts 805,000 805,000 65,143 739,857 Sub-Total 7,070,579 7,070,579 4,151,709 13,110 2,905,760 General Public City Buildings & Equipment 94620 New City Hall 108,750 108,750 164 108,586 94621 Fleet Maint Facility Expansion 1,183,077 1,183,077 1,041,534 141,543 94622 MSB/Lib Hurricane Protection 620,000 620,000 598,679 5,122 16,200 94623 Public Comm Office Renovations 14,000 14,000 10,962 3,038 Sub-Total 1,925,827 1,925,827 1,651,339 5,122 269,367 Item # 2 34 Attachment number 15 Page 4 of 6 CAPITAL IMPROVEMENT PROGRAM PROGRAM & STATUS SUMMARY FIRST QUARTER: OCTOBER 1, 2007 - DECEMBER 31,2007 Actual Expenditures Budget Revised Project Open Available Amend Description 10/1/07 Amdmts Budget To Date Encumbr Balance Status Ref Miscellaneous 94714 Downtown Redevelopment 1,323,064 1,323,064 1,323,064 94729 City-wide Connect Infra 1,481,333 145 1,481,478 835,464 151,584 494,431 27 94736 Geographic Information 1,027,726 1,027,726 773,125 254,601 94761 Poll Stor Tank Rem/Repl-Gen 393,658 393,658 231,559 8,649 153,449 94765 IMR Development 1,342,517 1,342,517 1,342,517 94801 Tidemark Upgrade 802,623 802,623 494,082 308,541 94803 Envrnmntl Assmt & Clean-up 779,066 779,066 296,822 482,245 94809 Financial Sys Replacement 1,050,640 1,050,640 961,763 62,255 26,622 94814 Network Infra & Server Upgr 935,202 (145) 935,057 581,703 353,354 28 94820 HR Peoplesofl Upgrade 450,000 450,000 75,420 374,580 94824 IT Disaster Recovery 200,000 200,000 179,290 20,710 94827 Telecommunications Upgrade 154,000 154,000 154,000 94828 Financial Sys Upgrades 300,000 300,000 84,390 6,510 209,100 94829 CIS Upgrades / Replcmt 447,376 447,376 60,290 387,086 94830 MS Licensing / Upgrades 650,000 650,000 2,600 647,400 94831 Evaluation & Appraisal Rept 295,190 295,190 295,190 C 94833 Computer Monitors 320,000 320,000 245,604 74,396 94839 Roadway & Traffic Asset Mgt 100,000 100,000 100,000 94842 MSB Pkg Lot Resurf/lmprvmts 400,000 400,000 9,769 390,231 94850 Backfile Conversion of Records 500,000 500,000 5,365 494,635 Sub-Total 12,952,396 12,952,396 7,798,017 723,633 4,430,746 UTILITIES Stormwater Utility 96124 Storm Pipe System Improv 9,317,461 (27,472) 9,289,989 5,723,712 76,450 3,489,828 29 96125 Prospect Lake Park 7,551,769 7,551,769 7,480,847 70,922 96129 Stev Ck Estuary Restor 8,356,327 8,356,327 2,051,080 6,305,247 96137 FDEP Compliance 1,008,000 1,008,000 101,844 32,057 874,099 96141 Kapok Flood Resolution 18,919,929 18,919,929 18,774,599 51,262 94,069 96144 Stevensen Crk Impl Projects 12,138,972 1,040,623 13,179,595 9,088,082 260,676 3,830,837 30 96149 Storm Sys Expansion 775,849 154,330 930,179 395,302 534,878 31 96150 Morningside/Meadows Drain 3,463 (3,336) 127 127 0 C 32 96152 Lake Bellevue Stormwater Imp 2,553,935 (40,622) 2,513,312 279,873 6,607 2,226,833 33 96154 Alligator Ck Implemt - II 8,729,110 8,729,110 1,074,526 136,354 7,518,230 96158 Transfer Yard Upgrade 640,000 640,000 100,131 16,419 523,450 96160 Coopers Point Observation Tower 323,470 (262,264) 61,206 61,206 (0) 34 96161 Coastal Basin Improvement 1,281,300 899,516 2,180,816 51,697 91,470 2,037,649 35 96162 Channel Improvements 717,220 (717,220) C 36 96164 Allen's Creek Improvement Project~ 1,281,300 1,281,300 1,281,300 96165 Exotic & Inv Species Control 200,000 200,000 199,813 188 Sub-Total 73,798,106 1,043,554 74,841,660 45,382,836 671,295 28,787,528 Water System 96721 System R & R-Maintenance 933,360 933,360 785,660 19,080 128,620 96739 Reclaimed Water Dist 45,744,326 775,982 46,520,307 36,703,532 773,173 9,043,602 50 96740 Water Supply/Treatment 5,442,034 5,442,034 4,098,976 201,717 1,141,341 96741 System R & R-Capitalized 9,460,404 9,460,404 7,086,697 39,650 2,334,057 96742 Line Relocation-Capitalized 11,548,137 11,548,137 5,701 ,970 13,015 5,833,152 96743 Mtr Bkflow Prev Dev/Chang 3,399,182 3,399,182 1,691,026 6,298 1 ,701 ,859 96744 System Expansion 2,249,673 2,249,673 1,171,828 1,077,845 96747 Rain Sensor Rebates 1,819 1,819 1,819 96750 Well Rehabilitation 1,354,379 1 ,354,379 960,655 80,679 313,045 96752 Water Service Lines 3,876,792 3,876,792 3,139,766 50,834 686,192 96757 Water Pick up Trucks 111,801 (32,780) 79,021 79,021 51 96758 Fluoride in Water System 289,780 289,780 78,028 26,293 185,459 96759 Water Main Ph 15-16-17 2,500,000 2,500,000 2,312,189 667 187,143 Item # 2 35 Attachment number 15 Page 5 of 6 CAPITAL IMPROVEMENT PROGRAM PROGRAM & STATUS SUMMARY FIRST QUARTER: OCTOBER 1, 2007 - DECEMBER 31,2007 Actual Expenditures Budget Revised Project Open Available Amend Description 10/1/07 Amdmts Budget To Date Encumbr Balance Status Ref Water System (continued) 96760 Elevated Water Tanks Upgrade 2,958,600 2,958,600 2,138,038 32,789 787,773 96761 Telemetry for Wells 1,065,000 1,065,000 88,757 34,542 941,701 96763 Wellfield Expansion 3,977,310 3,977,310 216,146 474,148 3,287,016 96764 RO Plant Exp Res #1 1,335,040 1,335,040 288,652 707,068 339,320 96766 Water Quality Monitoring Devices 600,000 600,000 8,255 591,745 96767 RO Plant Exp Res #2 2,902,120 2,902,120 103,457 452,459 2,346,204 96768 Rebate Well, Lk, Pnd Irr Abandmt 100,000 100,000 1,680 98,320 96769 Trackhoe & Trailer 41,000 41,000 41,000 Sub-Total 99,890,758 743,202 100,633,959 66,656,153 2,912,413 31,065,394 Sewer System 96602 WWTP New Blending Tanks 400,000 (400,000) C 43 96611 Bio-Solids Treatment 11,197,883 89,875 11,287,758 7,047,043 566,209 3,674,507 44 96613 NE Filter/Marshall Blow MCC 2,894,812 2,894,812 2,856,691 38,122 0 96615 Odor Control 714,746 714,746 486,293 206,453 22,000 96616 WPC Int Recycle Modifications 2,340,331 2,340,331 1,944,060 396,270 96619 WWTP Generator Replacements 3,118,331 3,118,331 1,345,582 74,010 1,698,739 96620 WWTP Headworks 4,835,000 1,395,052 6,230,052 283,743 6,091,158 (144,849) 45 96621 WWTP New Presses 1,778,786 1,778,786 94,027 133,273 1,551,486 96622 WWTP Aeration Imp 2,982,000 2,982,000 184,780 147,120 2,650,100 96624 Liquid Disinfection 825,279 825,279 46,515 42,764 736,000 96630 Sanitary Sewer Ext 4,040,894 4,040,894 821 ,896 3,218,998 96634 San Util Reloc Accmmdtn 3,660,228 3,660,228 2,386,272 42 1,273,914 46 96645 Laboratory Upgrade & R&R 902,029 902,029 748,571 153,458 96654 Facilities Upgrade & Improv 2,180,517 2,180,517 1,649,077 531,440 96664 WPC R & R 9,908,398 269,515 10,177,913 7,999,544 821,901 1 ,356,468 47 96665 Sanitary Sewer R&R 24,327,540 24,327,540 13,762,671 1,807,714 8,757,155 48 96666 WWTP New Bypass & NE Pump 1,230,000 (830,000) 400,000 400,000 49 96670 Poll Stor Tk Remov-WPC 192,226 192,226 159,479 32,747 96685 WPC Master Plan Ph III 1,513,993 1,513,993 1,513,993 C 96686 Pump Station Replacement 13,854,814 13,854,814 8,847,760 2,279,469 2,727,584 Sub-Total 92,897,808 524,442 93,422,250 52,177,998 12,208,235 29,036,017 Gas System 96358 Environmental Remediation 1,936,936 1 ,936,936 805,490 91,194 1,040,251 96365 Line Relocation-Pinell Maint 2,216,089 (665,000) 1,551,089 327,110 1,223,979 37 96367 Gas Meter Change Out-Pin 1,030,000 1,030,000 110,640 919,360 96374 Line Relocation-Pin Capit 2,736,983 2,736,983 1 ,494,826 1,242,158 96376 Line Relocation - Pas Maint 430,000 430,000 8,006 421 ,994 96377 Pinellas New Main / Ser 11,478,613 (500,000) 10,978,613 8,986,026 1,992,587 38 96378 Pasco New Mains / Ser 12,141,782 (3,000,000) 9,141,782 6,779,115 108,389 2,254,278 39 96379 Pasco Gas Mtr Change Out 400,000 400,000 2,456 397,544 96381 Line Reloc-Pasco-Capital 455,000 455,000 954 454,046 96382 Gas Inventory - Work mgmt Sys 992,000 992,000 691,013 300,987 96384 Gas Building Renovation 574,800 (125) 574,675 111,054 18,200 445,421 40 96385 Gas Main Extensions 1,057,845 1,057,845 318,851 738,994 Sub-Total 35,450,048 (4,165,125) 31,284,923 19,635,540 217,784 11,431,599 Solid Waste 96426 Facility R & R 1,476,752 1,476,752 1,054,466 422,285 96438 Vehicle Acquisition 906,461 906,461 657,613 116,450 132,398 96440 Improvements to SW Complx 208,785 208,785 86,809 121,977 96442 SW Vehicle Replacement 1,029,769 1,029,769 544,815 484,954 96443 Res Container Acquisition-II 641,741 641,741 380,294 55,638 205,809 96444 Comm Container Acquisition-II 1,220,020 1,220,020 736,909 42,581 440,530 Sub-Total 5,483,527 5,483,527 3,460,906 214,669 1,807,953 Item # 2 36 Attachment number 15 Page 6 of 6 CAPITAL IMPROVEMENT PROGRAM PROGRAM & STATUS SUMMARY FIRST QUARTER: OCTOBER 1, 2007 - DECEMBER 31,2007 Actual Expenditures Budget Revised Project Open Available Amend Description 10/1/07 Amdmts Budget To Date Encumbr Balance Status Ref Utility Miscellaneous 96516 Citywide Aerial Photo 189,666 189,666 149,533 40,134 41 96521 PW Infra Mgmt System 1,318,260 1,318,260 1,239,296 213 78,751 96523 Pub Utilities Adm Bldg R&R 235,054 235,054 152,850 82,204 42 Sub-Total 1,742,980 1,742,980 1,541,679 213 201,089 Recycling 96804 Recycling CartslDumpsters 671,925 671,925 333,889 338,036 96805 Recyc Expan/Prom/R&R 987,923 987,923 628,564 6,000 353,358 96806 Recycling Equip Replac 2,247,037 2,247,037 1,497,182 749,855 96807 Recycling Van Acquisition 151,000 151,000 146,600 4,400 Sub-Total 4,057,885 4,057,885 2,606,235 6,000 1,445,650 TOTAL ALL PROJECTS 555,860,713 9,438,088 565,298,801 349,166,812 40,013,666 176,118,323 Item # 2 37 Amdmt Number Project Number Public Safety Programs 2 3 4 5 6 7 99269 99270 99272 99273 99274 99276 99280 Increasel (Decrease) Amount 130,924 32,225 116,713 (2,007) (38,537) Special Program Fund First Quarter Budget Amendments October 1,2007 - December 31,2007 Intrafund Transfer 63,318 (21 ) (12,422) (50,896) Amount Description AmeriCorps Clearwater 2008 Establish $194,242.00 budget increase representing a $130,924.00 grant from the Corporation for National and Community Service for Federal Assistance and the Florida Commission on Community Services with match funding of $63,318.00 to support the AmeriCorps Program. $50,895.78 budget and actual transfers from the 181-99280 AmeriCorps Clearwater 2006 and $12,422.22 from project 181-99273 AmeriCorps Clearwater will provide the match funding. These amendments were approved by the City Council on November 15, 2007. Red Light Running Project YR 2 - Establish a $32,225.00 budget representing acceptance of a FY2007-08 Justice Assistance Grant - Countywide (JAG) from the Florida Department of Law Enforcement for a Red Light Running - In Car Video Enhancement Project - Year 2. Council approved October 4, 2007. BZ 2005 Grant - Record a $21.28 budget decrease in grant funds to match actual funding received and close program. AmeriCorps Clearwater 2007 - To record a budget transfer of $12,422.22 to provide matching funds to project 181-92269, AmeriCorps Clearwater 2008, as approved by the City Council on November 15, 2007. Homeless Shelter 07 - Record a $116,712.95 budget increase representing $97,000.00 donation for funding of operations from 2008 Police Department adopted operating budget and $19,712.95 budget and actual increase representing an allocation from the general fund retained earnings The 19,712.95 was received from Clearwater Housing Authority for payment in lieu of taxes to the Clearwater Homeless Intervention Project which was approved by the City Council on October 4, 2007. Red Light Running Project - Record a $2,006.60 budget decrease in grant funding to match budget revenues with actual revenues and close program. AmeriCorps Clearwater 2006 - Record a $89,433.02 budget reduction representing $50,895.78 budget and actual decreases representing transfers to 181-99269 AmeriCorps Clearwater 2008 as partial grant match and $38,537.24 budget decrease to match budgeted revenues with actual revenues received. This will close program. 38 Attachment number 16 Page 1 of 5 Net Budget Amendment 194,242 32,225 (21 ) (12,422) 116,713 (2,007) (89,433) Item # 2 Amdmt Number 8 9 10 11 12 13 14 15 16 17 Project Number 99281 99283 99299 99310 99316 99317 99329 99330 99350 99364 Increasel (Decrease) Amount 6,051 889 1,667 1,000 500.00 18,577 68,824 230,916 475 Special Program Fund First Quarter Budget Amendments October 1,2007 - December 31,2007 Intrafund Transfer 9,460 Amount Description Federal Forfeiture Sharing - Treasury - Record a $6,051.36 budget increase representing $1,007.35 in federal forfeiture revenue from the Treasury Department and $5,044.01 in interest earnings to match budgeted revenues with actual revenues received. Justice Assistance Grant FY05 - 07 - Record a $888.97 budget increase in interest earnings to match budget revenues with actual revenues received. Justice Assistance Grant - Record a $1,666.87 budget increase in interest earnings to match budgeted revenues with actual revenues received. K-9 Equipment - Record a $1,000.00 budget increase in donations to match budgeted revenues with actual revenues received. Police Volunteers - Record a $500.00 budget increase in donations to match budget revenues with actual revenues received. Police Education Fund - Record a $18,577.37 budget increase in Police Education Fines to match budgeted revenues with actual revenues received. Investigative Recovery Costs - Record a $68,823.70 budget increase in court forfeiture fees to match budgeted revenues with actual revenues received. Florida Contraband Forfeiture Record a $230,916.39 budget increase representing a $204,625.23 increase in court forfeiture fees and $26,291.16 in interest earnings to match budget revenues with actual revenues received. Vehicle Replacement Fund - Record $9,460.00 budget and actual transfers representing a transfer from 181-99908 Outside Duty Program. These transfers reflects an additional charge per each Outside Duty job that requires a police vehicle. This fund has been established to set aside money for the replacement of vehicles for the Police Department's Take Home Car Plan. Crime Prevention Program - Record a $475.00 budget increase in donations to match budgeted revenues with actual revenues received. 39 Attachment number 16 Page 2 of 5 Net Budget Amendment 6,051 889 1,667 1,000 500.00 18,577 68,824 230,916 9,460 475 Item # 2 Amdmt Number 18 Project Number 99387 Public Safety Program Totals: Marine: 19 20 99704 99707 Marine Programs Total: Increase/ (Decrease) Amount 81,629 649,825 24,203 4,180 Miscellaneous Programs: 28,383 21 22 23 24 25 99822 99835 99845 99847 99851 36,288 41,903 (27,108) (66,453) 35,526 577,309 Special Program Fund First Quarter Budget Amendments October 1,2007 - December 31,2007 Intrafund Transfer 9,460 Amount Description Federal Forfeiture Sharing - Record a $81,628.62 budget increase representing $39,809.11 in federal forfeiture revenue from the Department of Justice, $27,464.36 in forfeitures reflecting our percentage of the Pinellas County Sheriff's Office federal forfeitures and $14,355.15 in interest earnings to match budgeted revenues with actual revenues received. Sembler Mitigation Project - Record $24,203.42 budget increase in interest earnings to match budgeted revenues with actual revenues received. Beach Guard Donations - Record a $4,180.00 budget increase in donations to match budgeted revenues with actual revenues received. JWB - Norton Teen - Record a $36,288.00 budget increase representing Juvenile Welfare Board grant funding for fiscal year 2007/08. Approved Council Meeting November 13, 2007. JWB - Programmer North Greenwood - Record a $41,903.00 budget increase representing Juvenile Welfare Board grant funding for fiscal year 2007/08. Approved Council Meeting November 13, 2007. Assistance to Firefighters Grant Program - Record a $93,560.76 budget decrease representing $66,453.00 decrease in grant funds to match budgeted revenues with actual revenues received and $27,107.76 budget and actual decreases representing return of match funding to the general fund. This will close the program. JWB - Wood Valley Teens - Record a $35,526.00 budget increase representing Juvenile Welfare Board grant funding for fiscal year 2007/08. Approved Council Meeting November 13, 2007. Special Events YR 07-08 - Record a $577,308.57 budget increase representing: $206,786.53 in sales, $194,489.17 in sponsorships, $3,455.00 in memberships registrations, $3,373.56 in donations, $79,204.41 in rentals and a $90,000.00 transfer from the 2008 adopted Parks & Recreation operating budget to match budgeted revenues with actual revenues received. 40 Attachment number 16 Page 3 of 5 Net Budget Amendment 81,629 659,285 24,203 4,180 28,383 36,288 41,903 (93,561 ) 35,526 577,309 Item # 2 Amdmt Number 26 27 28 29 30 31 32 33 34 35 Project Number 99852 99853 99854 99871 99889 99898 99908 99910 99962 99970 Increasel (Decrease) Amount (10,724) (14,872) 400,000 2,376 671 1,030 217,132 10,919 9,629 34,183 Special Program Fund First Quarter Budget Amendments October 1,2007 - December 31,2007 Intrafund Transfer Amount Description JWB - N. Greenwood Camp 2007 - Record a $10,723.74 budget decrease to match budgeted revenues with actual revenues received and close program. JWB - Ross Norton Camp 2007 - Record a $14,872.18 budget decrease to match budgeted revenues with actual revenues received and close program. Brownfield EPA Assessment Establish a $400,000.00 grant from the US Environmental Protection Agency to inventory Brownfield's, conduct community-wide environmental site assessments for hazardous substance and/or petroleum contamination, prepare cleanup and reuse plans, and carryout community involvement activities to encourage revitalization of Brownfield's sites identified by the community such that the future reuse of the properties do not pose a treat to human health and the environment. This grant was approved by the City Council on October 17, 2007. State Brownfield Redevelopment - Record a $2,376.20 budget increase in interest earnings to match budgeted revenues with actual revenues received. Teen Club - Record a $670.83 budget increase in donations to match budgeted revenues with actual revenues received. Fire Department Honor Guard - Record a $1,030.00 budget increase in donations to match budgeted revenues with actual revenues received. Police - Outside Duty - Record a $207,671.50 budget increase representing $217,131.50 in contractual services to match budgeted revenues with actual revenues received offset by $9,460.00 budget and actual transfers to 181-99350 Vehicle Replacement Fund. The $9,460.00 will be used to fund replacement (9,460) Police vehicles. Library Special Account - Record a $10,919.02 budget increase in donations to match budgeted revenues with actual revenues received. Parks & Recreation Specified & Gift Program - Record a $9,629.29 budget increase in donations to match budgeted revenues with actual revenues received. Tree Replacement Program - Record $34,183.00 budget increase in fines to match budgeted revenues with actual revenues received. 41 Attachment number 16 Page 4 of 5 Net Budget Amendment (10,724) (14,872) 400,000 2,376 671 1,030 207,672 10,919 9,629 34,183 Item # 2 Amdmt Number 36 Project Number Increase/ (Decrease) Amount 99982 3,225 Miscellaneous Programs Total: 1,251,034 Grand Total: 1,929,242 Special Program Fund First Quarter Budget Amendments October 1,2007 - December 31,2007 Intrafund Transfer (9,460) Amount Description EMS Incentive/Recognition - Record a budget increase of $3,225.00 representing funds received from Pinellas County paid to the Fire Department for EMS Services for performing above standards as outlined in the County EMS contract. o 42 Attachment number 16 Page 5 of 5 Net Budget Amendment 3,225 1,241,574 1,929,242 Item # 2 Attachment number 17 Page 1 of 2 SPECIAL PROGRAM STATUS SUMMARY FIRST QUARTER: OCTOBER 1, 2007 - DECEMBER 31, 2007 Budget Revised Project Open Available Amend Description 10/1/2007 Amendment Budget To Date Encumbr Balance Status Ref PLANNING PROGRAMS 99128 Countrywide Consistency Grant 45,050 0 45,050 33,910 0 11,140 99141 Historic District Evaluation 40,000 0 40,000 27,852 5,293 6,855 99142 Design Review 10,000 0 10,000 0 0 10,000 99143 Enclave Annexation 15,000 0 15,000 0 0 15,000 99144 Boos Development Mitigation 250,000 0 250,000 0 0 250,000 Sub-Total 360,050 0 360,050 61,762 5,293 292,995 PUBLIC SAFETY PROGRAMS 99269 AmeriCorps Clearwater 2008 0 194,242 194,242 0 0 194,242 1 99270 Red Light Running Project YR 2 0 32,225 32,225 0 26,175 6,050 2 99271 FY07 JAG Equipment Grant 103,971 0 103,971 30,850 0 73,121 99272 BZPP 2005 Grant 99,999 (21) 99,978 99,978 0 0 C 3 99273 Americorps Clearwater 2007 190,512 (12,422) 178,090 149,816 0 28,274 4 99274 Homeless Shelter 07 121,078 116,713 237,791 237,791 0 0 5 99275 Bulletproof Vest Pasrtnership '06 14,268 0 14,268 5,432 0 8,836 99276 Red Light Running Project 52,000 (2,007) 49,993 49,993 0 0 C 6 99277 Clearwater Human Trafficking 450,000 0 450,000 90,158 0 359,842 99279 Police Recruitments 50,000 0 50,000 27,440 0 22,560 99280 Americorps Clearwater 2006 263,792 (89,433) 174,359 174,359 0 0 C 7 99281 Fed Forfeitures - Treasury 120,760 6,051 126,811 15,771 0 111,040 8 99282 COPS Technology 2005 246,661 0 246,661 122,224 81,482 42,955 99283 Justice Assistance Grant FY05-07 105,437 889 106,326 86,481 0 19,845 9 99284 BeachWalk Police Aides 80,000 0 80,000 59,079 0 20,921 99286 COPS 2004 Technology 692,634 0 692,634 445,219 245,796 1,619 99289 Downtown Ambassadors 3,000 0 3,000 0 0 3,000 99290 Traffic Safety 1,841 0 1,841 1,277 0 564 99299 Justice Assistance Grant 69,086 1,667 70,753 0 0 70,753 10 99310 K-9 Equipment 26,758 1,000 27,758 25,293 0 2,465 11 99316 Police Volunteers 100,500 500 101,000 81,589 0 19,411 12 99317 Police Education Fund 1,004,328 18,577 1,022,905 934,216 6,211 82,478 13 99325 Citizen's Police Academy 34,113 0 34,113 28,982 0 5,131 99329 Investigative Recovery Costs 1,522,560 68,824 1,591,384 1,007,344 22,646 561,394 14 99330 FL Contraband Forfeiture Fnd 712,108 230,916 943,024 495,736 0 447,288 15 99331 Law Enforcement Trust Fd 2,272,108 0 2,272,108 2,009,759 0 262,349 99332 Officer Friendly Program 149,230 0 149,230 141,288 28 7,914 99350 Vehicle Replacement Fund 77,510 9,460 86,970 0 0 86,970 16 99353 DUI Education Program 3,000 0 3,000 1,420 0 1,580 99356 Safe Neighborhood Program 231,645 0 231,645 187,373 0 44,272 99363 DUI Equipment Fund 19,000 0 19,000 18,889 0 111 99364 Crime Prevention Program 22,620 475 23,095 13,610 0 9,485 17 99387 Federal Forfeiture Sharing 638,226 81,629 719,855 339,978 0 379,877 18 99947 Safe Neighborhood TV Specialist 533,648 533,648 489,499 150 43,999 Sub-Total 10,012,393 659,285 10,671,679 7,370,844 382,488 2,918,347 COMMUNITY DEVELOPMENT 99414 Public Fac & Imprvmts 2004 768,562 0 768,562 768,562 0 0 99421 Housing Consulting Service 115,000 0 115,000 49,134 0 65,866 99424 Public Fac & Imprvmts 2005 249,400 0 249,400 249,400 0 0 C 99425 Public Svces 2005 155,322 0 155,322 155,323 0 0 C 99451 PublicServices 2006 161,997 0 161,997 161,997 0 0 99452 Public Facilities 2006 303,750 0 303,750 303,750 0 0 C 99453 Economic Development 2006 37,017 0 37,017 37,017 0 0 C 99454 Housing Rehab 2006 201,318 0 201,318 101,318 0 100,000 99455 Program Administration 2006 195,026 0 195,026 195,026 0 0 C 99456 Fair Housing 2006 14,868 0 14,868 14,868 0 0 99457 Relocation/Demolition 6,000 0 6,000 6,000 0 0 99458 Infill Housing 2006 214,458 0 214,458 214,458 0 0 C 99459 Public Services 2007 189,162 0 189,162 142,627 22,794 23,741 99460 Public Facilities 2007 613,837 0 613,837 82,826 11,318 519,693 99461 Economic Development 2007 215,975 0 215,975 27,254 0 188,721 99462 Housing Rehab 2007 409,837 0 409,837 15,855 8,448 385,534 99463 Program Administration 2007 420,084 0 420,084 166,715 0 253,369 99464 Fair Housing 2007 43,284 0 43,284 15,294 0 27,990 99465 Reloc/Demolition 2007 140,890 0 140,890 17,209 0 123,681 99466 Infill Housing 2007 356,535 0 356,535 (20,189) 0 376,724 99611 Public Services 2008 135,107 0 135,107 2,976 132,131 0 99612 Public Facilities 2008 173,660 0 173,660 0 123,660 50,000 43 Item # 2 Attachment number 17 Page 2 of 2 SPECIAL PROGRAM STATUS SUMMARY FIRST QUARTER: OCTOBER 1, 2007 - DECEMBER 31, 2007 Budget Revised Project Open Available Amend Description 10/1/2007 Amendment Budget To Date Encumbr Balance Status Ref 99613 Economic Development 28,000 0 28,000 6,361 21,639 99614 Housing Rehab 2008 270,776 0 270,776 15,171 255,605 99615 Program Administration 2008 177,691 0 177,691 43,227 134,464 99616 Fair Housing 2008 27,319 0 27,319 2,279 25,040 0 99617 Relocation/Demolition '08 40,000 0 40,000 2,595 37,405 99618 Infill Housing 2008 112,500 0 112,500 444 112,056 Sub-Total 5,777,375 0 5,777,375 2,777,497 323,391 2,676,488 SOCIAL SERVICES 99538 Affordable Housing Imp Fees 551,061 0 551,061 132,236 0 418,825 99562 HUD Special Education 30,000 0 30,000 26,000 0 4,000 Sub-Total 581,061 0 581,061 158,236 0 422,825 MARINE 99704 Sembler Mitigation Project 586,992 24,203 611,195 102,007 33,761 475,427 19 99707 Beach Guard Donations 63,913 4,180 68,093 50,045 0 18,048 20 Sub-Total 650,905 28,383 679,288 152,052 33,761 493,475 MISCELLANEOUS PROGRAMS 99802 Brownfield Revolving Loan 1,200,000 0 1,200,000 143,258 9,661 1,047,081 99804 City Manager's Flexibility Fund 771 ,238 0 771,238 499,107 0 272,131 99822 JWB-Norton Teen 2001 210,314 36,288 246,602 218,497 0 28,105 21 99834 Neighborhood Svces Grants 150,000 0 150,000 109,366 0 40,634 99835 JWB Programmer N. Greenwood 163,464 41,903 205,367 174,527 0 30,840 22 99837 Federal EPA Assessment 400,000 0 400,000 400,000 0 0 99843 Mgt Training Initiatives 721,547 0 721,547 371,247 4,409 345,891 99844 United Way 6,080 0 6,080 3,461 0 2,619 99845 Assistance to Firefighters Grant Prgm 418,925 (93,561) 325,364 325,364 0 0 C 23 99846 Economic Development - QTI 72,360 0 72,360 25,895 0 46,465 99847 JWB - Wood Valley Teens 100,746 35,526 136,272 106,899 0 29,373 24 99850 Performing Art Center 300,000 0 300,000 300,000 0 0 C 99851 Special Events FY07-08 1,268,526 577,309 1,845,835 1,543,116 21,086 281,633 25 99852 JWB - N. Greenwood Camp 2007 100,993 (10,724) 90,269 90,269 0 0 C 26 99853 JWB - Ross Norton Camp 2007 48,441 (14,872) 33,569 33,569 0 0 C 27 99854 Brownfield EPA Assessment 0 400,000 400,000 0 34,658 365,342 28 99870 Drive Cam Driver 15,000 0 15,000 2,621 95 12,284 99871 State Brownfields Redevelopment Acct 151,249 2,376 153,625 14,900 3,628 135,097 29 99877 Building Code Enforcement Surplus 482,818 0 482,818 52,975 0 429,843 99879 Youth Engagement Initiatives 1,000 0 1,000 1,000 0 0 99885 Clearwater Auto Site 350,000 0 350,000 350,000 0 0 99889 Teen Club 2,111 671 2,782 1,318 0 1,464 30 99890 Cultural Art Fund 13,081 0 13,081 0 0 13,081 99898 Fire Dept Honor Guard 8,645 1,030 9,675 8,190 0 1,485 31 99899 GASB 34 Implementation 238,000 0 238,000 62,338 0 175,662 99908 Police - Outside Duty 3,656,278 207,672 3,863,950 3,931,530 0 (67,581) 32 99910 Library Special Account 521,766 10,919 532,685 430,172 0 102,513 33 99925 Peg Access Support 779,761 0 779,761 676,097 5,450 98,214 99927 Emergency Operation 4,125,098 0 4,125,098 2,679,644 0 1 ,445,454 99928 Nagano Sister City Program 72,329 0 72,329 68,615 0 3,714 99950 IDB Fees 54,131 0 54,131 32,830 0 21,301 99962 Parks & Rec Gift Giving Pgm 1,319,604 9,629 1,329,233 1,321,065 0 8,168 34 99966 Integrated Disability Mgmt Assmnt & Impl 80,000 0 80,000 40,000 0 40,000 99970 Tree Replacement Project 792,172 34,183 826,355 577,047 870 248,438 35 99982 EMS Incentive/Recognition 45,175 3,225 48,400 35,522 1,290 11,588 36 99983 Local Mitigation Strategy 50,000 0 50,000 45,744 0 4,256 99995 Water Conservation Devices 100,000 0 100,000 85,882 0 14,118 99997 Main Library Field Trust 115,571 0 115,571 0 0 115,571 99998 Safety Village 26,166 0 26,166 21,716 0 4,450 Sub-Total 18,932,590 1,241,574 20,174,163 14,783,781 81,147 5,309,235 TOTAL ALL PROJECTS 36,314,374 1,929,242 38,243,617 25,304,172 826,080 12,113,366 44 Item # 2 Revenues Expend itu res Transfer to Capital Improvement Fund Attachment number 18 Page 1 of 1 City of Clearwater SPEC~LDEVELOPMENTFUND First Quarter Amendments FY 2007108 Increasel (Decrease) Description No amendments to Special Development Fund revenues are proposed at first quarter. $ Net Revenue Amendments First Quarter amendments reflect two transfers to capital projects. 1) The Council approved the transfer of $600,000.00 of Penny for Pinellas Infrastructure Tax revenue to provide funding for project 315-93248, National Guard Armory at the October 4, 2007 meeting. 2) A second amendment for the transfer of $30,750.00 of Transportation Impact Fee revenues to project 315- 92837, Beach Area Traffic Study, was approved by the 630,750 City Council on November 15, 2007. $ 630,750 Net Expenditure Amendments 45 Item # 2 Attachment number 19 Page 1 of 2 SPECIAL REVENUE FUNDS First Quarter: October 1, 2007 - December 31,2007 Original Budget 2007/08 First Quarter Amended Budget 2007/08 Amendments SPECIAL DEVELOPMENT FUND Revenues: Ad Valorem Taxes Infrastructure Tax Interest Earnings Open Space Fees Recreation Facility Impact Fees Recreation Land Impact Fees Transportation Impact Local Option Gas Tax Allocation of Designated Reserves Transfer-In from Capital Improvement Plan 2,820,720 11,365,000 600,000 200,000 50,000 405,000 308,700 1,522,560 895,000 o 18,166,980 2,820,720 11,365,000 600,000 200,000 50,000 405,000 308,700 1,522,560 895,000 o 18,166,980 o Expenditu res: Transfer to Capital Improvement Fund Road Millage I nfrastructu re Tax Transportation I mpact fees Open Space I mpact fees Recreation Land Impact fees Local Option Gas Tax Debt Service on Penny for Pinellas Bonds 2,820,720 3,350,000 290,000 750,000 750,000 1,100,000 6,873,030 15,933,750 2,820,720 3,950,000 320,750 750,000 750,000 1,100,000 6,873,030 16,564,500 600,000 30,750 630,750 46 Item # 2 Attachment number 19 Page 2 of 2 SPECIAL REVENUE FUNDS First Quarter: October 1, 2007 - December 31,2007 Original Budget 2007/08 First Quarter Amended Budget 2007/08 Amendments SPECIAL PROGRAM FUND Revenues: CDBG/Home Funds 1,703,410 1,703,410 Interest Earnings 300,000 374,826 74,826 Grant Funds 0 547,477 547,477 Police Fines and Court Proceeds 0 394,490 394,490 Donations 0 31,778 31,778 Sales 0 206,787 206,787 Rentals 0 79,204 79,204 Sponsorships 0 194,489 194,489 Me mbershi ps/Registrations 0 3,455 3,455 Contractual Services 0 217,132 217,132 Transfers from General Fund 0 179,605 179,605 United Way Program 1,500 1,500 0 Sister City Program 3,000 3,000 0 City Manager's Flexibility Fund 100,000 100,000 0 Neighborhood Grants 25,000 25,000 0 2,132,910 4,062,153 1,929,243 Expenditu res: CDBG/Home Funds 1,703,410 1,703,410 0 Public Safety 0 660,938 660,938 Marine 0 28,383 28,383 Parks & Recreation 0 88,792 88,792 Sister City Program 3,000 3,000 0 United Way Program Fund 1,500 1,500 0 City Manager's Flexibility Fund 100,000 100,000 0 Neighborhood Grants 25,000 25,000 0 Special Event Funding 0 577,309 577,309 Homeless Shelter Program 0 116,713 116,713 GASB #34 Consulting Requirement 0 0 0 AmeriCorp COPS - Matching Funds 0 0 0 Other Miscellaneous Programs 0 457,108 457,108 1,832,910 3,762,153 1,929,243 LOCAL HOUSING ASSISTANCE TRUST FUND Revenues: SHIP Funds Expenditu res: SHIP Program 1,195,250 1,195,250 1,195,250 1,195,250 47 Item # 2 Attachment number 20 Page 1 of 2 City of Clearwater, Florida ADMINISTRATIVE CHANGE ORDERS First Quarter Review FY 2007/08 In accordance with City of Cleanvater Code Section 2.564(2), the City Manager may approve and execute change orders without City Council approval within certain limitations. The following change order have been administratively approved since the last report to the Council based on the code specified criteria: 5/29/07 9/12/07 9/24107 10/29/07 10/29/07 11/15/07 1. Increases do not exceed 10% over Council approved amount on a cumulative basis. 2. Change does not change the scope of a project. 3. Price increases do not require additional appropriation to the project. 4. Contract price decreases may be approved without limitation. 5. The time for completion may not be extended by more than sixty (60) days, in anyone change or cumulatively for the same project. ***** Administrative Change Order #4 and Final - Northeast APCF Filter Rehabilitation & Marshall Street APCF Blower Replacement Contract. This final change order adjusts line items to close out the contract. TLC Diversified, Inc. (54,669.95) Administrative Change Order #2 and Final - Drew & Union Streets Reclaimed Water System- Contract # 2, Booster Pumps Station. This final change order is to reflect a reduction of unused bid items, addition of items paid for under the contingency and inclusion of a deduct amount to the contractor to cover extra costs from the design consultant. TLC Diversified, Inc. ($242,445.68) Administrative Change Order #2 & Final - Glen Oaks Stormwater Management Project (02-0030-EN). This final change order increases the contract to adjust quantities used to complete the contract. David Nelson Construction Company 200,000.00 Administrative Change Order #2 and Final- Restrooms at the Long Center. This final change order is for closeout and to reduce the contingency by the unused amount. Grosz & Stamper Construction Co., Inc. (948.95) Administrative Change Order #2 - Ream Wilson Trail - Long Center. This change order is to adjust items as necessary to provide payment to the contractor for additional work within the scope of this project. Keystone Excavators, Inc. 0.0 Administrative Change Order #1 and Final - Oak Bluffi Parking Lot. This change order is to adjust items as necessary to complete the contract. Kloote Contracting, Inc. (6,321.55) 48 Item # 2 11/27/07 12111/07 12/21/07 01/08/08 01/09/08 02105/08 02/07/08 City of Clearwater, Florida ADMINISTRATIVE CHANGE ORDERS First Quarter Review FY 2007/08 Administrative Change Order #2 and Final - Fleet Maintenance Facility Expansion (Fire Truck Maintenance Addition). This change order is to adjusts items as necessary to complete the contract. Grosz & Stamper Construction Co., Inc. Administrative Change Order #2 - Marshall Street lnfluent Pump Station Rehabilitation. This change order adjusts items as necessary and adds 17 days to the contract. TLC Diversified, Inc. Administrative Change Order #2 & Final - Airpark Sanitary Sewer Extension. This change order adjusts items as necessary. Kloote Contracting, Inc. Administrative Change Order #2 & Final- Lift Station #58 Rehabilitation. This change order adjusts items as necessary. TLC Diversified, Inc. Administrative Change Order #2 - 2007 Street Resurfacing. This change order adjusts items as necessary and includes a time extension of 59 days. RE Purcell Construction, Inc. Administrative Change Order #4 - Cleveland Street Streetscape. This change order adjusts items as necessary. Gibbs & Register, Inc. Administrative Change Order #3 and Final - Marshall St. lnfluent Pump Station Rehabilitation. This change order adjusts items as necessary and allows the closing of contract. TCL Diversified, Inc. 49 Attachment number 20 Page 2 of 2 (102,399.81) 96,319.30 6,577.91 (570,320.42) o o (7,274.50) Item # 2 Attachment number 21 Page 1 of 1 ORDINANCE NO. 7915-08 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE OPERATING BUDGET FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 2008 TO REFLECT INCREASES AND DECREASES IN REVENUES AND EXPENDITURES FOR THE GENERAL FUND, SPECIAL DEVELOPMENT FUND, SPECIAL PROGRAM FUND, STORMWATER UTILITY FUND, RECYCLING FUND, GAS FUND, MARINE FUND, AIRPARK FUND, PARKING FUND, AND CENTRAL INSURANCE FUND, AS PROVIDED HEREIN; PROVIDING AN EFFECTIVE DATE. WHEREAS, the budget for the fiscal year ending September 30, 2008, for operating purposes, including debt service, was adopted by Ordinance No. 7866-07; and WHEREAS, at the First Quarter Review it was found that increases and decreases are necessary in the total amount of $6,837,832 for revenues and $6,633,192 for expenditures; and WHEREAS, a summary of the amended revenues and expenditures is attached hereto and marked Exhibit A; and WHEREAS, Section 2.519 of the Clearwater Code authorizes the City Council to provide for the expenditure of money for proper purposes not contained in the budget as originally adopted due to unforeseen circumstances or emergencies arising during the fiscal year; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. Section 1 of Ordinance No. 7866-07 is amended to read: Pursuant to the Amended City Manager's Annual Report and Estimate for the fiscal year beginning October 1, 2007 and ending September 30, 2008 a copy of which is on file with the City Clerk, the City Council hereby adopts .an amended budget for the operation of the City, a copy of which is attached hereto as Exhibit A. Section 2. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Frank Hibbard, Mayor Approved as to form: Attest: Pamela K. Akin, City Attorney Cynthia E. Goudeau, City Clerk Item # 2 50 Ordinance No. 7915-08 Attachment number 22 Page 1 of 2 EXHIBIT A 2007-08 BUDGET REVENUE First Quarter Original Amended Budget Budget 2007/08 2007/08 Amendments General Fund: Property Taxes 47,273,940 47,273,940 Franchise Fees 9,833,640 9,833,640 Utility Taxes 11,928,390 11,928,390 Licenses, Permits & Fees 4,492,580 4,492,580 Sales Tax 6,564,320 6,197,530 (366,790) Communications Services Tax 7,045,750 7,045,750 Intergovernmental Revenues 11,809,270 12,472,210 662,940 Charges for Current Services 3,763,800 3,799,950 36,150 Fines & Forfeitures 955,000 955,000 Interest Income 1,263,950 1,263,950 Miscellaneous 1,053,710 1,503,710 450,000 Interfund Charges 1 Transfers In 17,193,280 17,220,388 27,108 Transfer from Surplus 623,485 623,485 Total, General Fund 123,177 ,630 124,610,522 1,432,892 Special Revenue Funds: Special Development Fund 18,166,980 18,166,980 Special Program Fund 2,132,910 4,062,152 1,929,242 Local Housing Asst Trust Fund 1,195,250 1,195,250 Utility & other Enterprise Funds: Water & Sewer Fund 59,930,170 59,930,170 Stormwater Utility Fund 14,436,690 14,499,680 62,990 Solid Waste Fund 18,153,900 18,153,900 Gas Fund 50,656,650 53,123,570 2,466,920 Recycling Fund 2,834,930 3,044,260 209,330 Marine (and Aviation) Fund 4,823,730 4,702,910 (120,820) Airpark Fund 0 233,000 233,000 Parking Fund 4,102,130 4,342,130 240,000 Harborview Center Fund 704,360 704,360 Internal Service Funds: Administrative Services Fund 10,200,730 10,200,730 General Services Fund 5,236,710 5,236,710 Garage Fund 13,293,770 13,293,770 Central Insurance Fund 21,306,060 21,690,338 384,278 Total, All Funds 350,352,600 357,190,432 6,837,832 Ordinance #7915-08 51 Item # 2 EXHIBIT A (Continued) 2007-08 BUDGET EXPENDITURES Attachment number 22 Page 2 of 2 General Fund: City Council City Manager's Office City Attorney's Office City Audit Development & Neighborhood Svcs Economic Development & Housing Svc Engineering Equity Services Finance Fire Human Resources Library Marine & Aviation Non-Departmental Office of Management & Budget Official Records & Legislative Svcs Parks & Recreation Planning Police Public Communications Public Services Allocation to Reserve Total, General Fund First Quarter Original Amended Budget Budget 2007/08 2007/08 Amendments 295,920 295,920 1,268,700 1,268,700 1,676,820 1,676,820 162,870 172,870 10,000 4,295,940 4,395,940 100,000 1,436,710 1,436,710 7,028,070 7,028,070 338,200 338,200 2,265,190 2,255,190 (10,000) 21,423,410 21,423,410 1,231,480 1,231,480 6,433,700 6,433,700 1,221,490 1,221,490 6,394,690 7,691,432 1,296,742 305,160 305,160 1,255,700 1,255,700 21,888,050 22,023,510 135,460 1,414,750 1,414,750 36,970,730 36,970,730 1,098,590 1,098,590 3,684,770 3,585,460 (99,310) 1,086,690 1,086,690 123,177 ,630 124,610,522 1,432,892 Special Revenue Funds: Special Development Fund Special Program Fund Local Housing Asst Trust Fund Utility & other Enterprise Funds: Water & Sewer Fund Stormwater Utility Fund Solid Waste Fund Gas Fund Recycling Fund Marine (and Aviation) Fund Airpark Fund Parking Fund Harborview Center Fund Internal Service Funds: Administrative Services Fund General Services Fund Garage Fund Central Insurance Fund Total, All Funds 15,933,750 16,564,500 1,832,910 3,762,152 1,195,250 1,195,250 59,930,170 59,930,170 14,436,690 14,499,680 18,068,320 18,068,320 45,896,470 47,777,980 2,834,930 3,017,740 4,774,180 4,522,040 0 232,540 3,804,260 3,952,580 704,360 704,360 10,197,640 10,197,640 5,235,590 5,235,590 13,293,770 13,293,770 19,986,040 20,370,318 341,301,960 347,935,152 630,750 1,929,242 62,990 1,881,510 182,810 (252,140) 232,540 148,320 384,278 6,633,192 52 Ordinance #7915-08 Item # 2 Attachment number 23 Page 1 of 1 ORDINANCE NO. 7916-08 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE CAPITAL IMPROVEMENT BUDGET FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 2008, TO REFLECT A NET INCREASE OF $9,438,088 PROVIDING AN EFFECTIVE DATE. WHEREAS, the Capital Improvement Budget for the fiscal year ending September 30,2008 was adopted by Ordinance No. 7867-07; and WHEREAS, Section 2.519 of the Clearwater Code authorizes the City Council to provide for the expenditure of money for proper purposes not contained in the budget as originally adopted due to unforeseen circumstances or emergencies arising during the fiscal year; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA; Section 1. Section 1 of Ordinance No. 7867-07 is amended to read: Pursuant to the First Quarter Amended Capital Improvement Program Report and Estimated Budget for the fiscal year beginning October 1, 2007 and ending September 30, 2008, a copy of which is on file with the City Clerk, the City Council hereby adopts a First Quarter Amended budget for the capital improvement fund for the City of Clearwater, a copy of which is attached hereto as Exhibit A. Section 2. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Frank Hibbard Mayor Approved as to form: Attest: Pamela K. Akin City Attorney Cynthia E. Goudeau City Clerk 53 Item # 2 Ordinance #7916-08 Attachment number 24 Page 1 of 3 EXHIBIT A CAPITAL IMPROVEMENT PROGRAM FOR FISCAL YEAR 2007/08 First Qtr Original Amended Budget Budget 2007/08 2007/08 Amendments Police Protection 250,000 (555,302) (805,302) Fire Protection 451,000 458,000 7,000 Major Street Maintenance 3,775,720 3,730,165 (45,555) Sidewalks and Bike Trail 161,015 161,015 Intersections 435,000 385,824 (49,176) Parking 300,000 267,230 (32,770) Miscellaneous Engineering 35,000 73,250 38,250 Land Acquisition (759) (759) Park Development 10,155,410 11,024,722 869,312 Marine Facilities 160,000 11,310,000 11,150,000 Airpark Facilities 10,000 10,000 Libraries 706,290 706,290 Garage 2,840,500 2,840,500 Maintenance of Buildings 998,000 998,000 Miscellaneous 909,000 909,000 Stormwater Utility 5,511,300 6,554,854 1,043,554 Gas System 6,168,830 2,003,705 (4,165,125) Solid Waste 160,000 160,000 Utilities Miscellaneous 44,000 44,000 Sewer System 12,347,280 12,871,722 524,442 Water System 10,971,460 11,714,662 743,202 Recycling 140,000 140,000 TOTAL 56,368,790 65,806,878 9,438,088 Item # 2 54 Ordinance # 7916-08 Attachment number 24 Page 2 of 3 EXHIBIT A CAPITAL IMPROVEMENT PROGRAM FOR FISCAL YEAR 2007/08 Original Budget 2007/08 First Qtr Amended Budget 2007/08 Amendments GENERAL SOURCES: General Operating Revenue 2,072,330 3,131,859 1,059,529 General Revenue/County Co-op 706,290 706,290 Road Millage 2,820,720 2,820,720 Penny for Pine lias 3,350,000 3,950,000 600,000 Transportation Impact Fee 290,000 320,750 30,750 Development Impact Fee Local Option Gas Tax 1,100,000 1,100,000 Recreation Land Impact Fee 750,000 750,000 Open Space Impact Fee 750,000 750,000 Special Program Fund 30,000 30,000 Grants - Other Agencies 4,700,000 4,672,115 (27,885) Sales of Surplus Revenue 1,087 1,087 Donation Revenue (67,775) (67,775) Other Governmental Units 1,399,824 1,399,824 SELF SUPPORTING FUNDS: Marine/Aviation Revenue 50,000 50,000 Parking Revenue 303,000 303,000 Harborview Revenue 118,910 118,910 Utility System: Water Revenue 1,978,500 1,978,500 Sewer Revenue 15,800 15,800 Water Impact Fees 250,000 250,000 Sewer Impact Fees 1,044,600 1,044,600 Utility R&R 2,706,060 2,706,060 Stormwater Utility Revenue 2,609,570 2,672,560 62,990 Gas Revenue 5,945,000 1,780,000 (4,165,000) Grants - Other Agencies 980,564 980,564 INTERNAL SERVICE FUNDS: Garage Revenue 179,000 179,000 Administrative Services Revenue 500,000 500,000 Item # 2 55 Ordinance # 7916-08 Attachment number 24 Page 3 of 3 EXHIBIT A CAPITAL IMPROVEMENT PROGRAM FOR FISCAL YEAR 2007/08 First Qtr Original Amended Budget Budget 2007/08 2007/08 Amendments BORROWING - GENERAL SOURCES: Lease Purchase - General Fund 383,000 (420,215) (803,215) Lease Purchase - Special Events Revenue 34,000 34,000 BORROWING - SELF SUPPORTING FUNDS: Lease Purchase - Water 73,780 41,000 (32,780) Lease Purchase - Solid Waste 160,000 160,000 Lease Purchase - Recycling 140,000 140,000 Bond Issues - Water & Sewer 17,303,000 17,303,000 Bond Issue - Stormwater 2,907,730 2,907,730 Bond Issue - Marine 10,400,000 10,400,000 BORROWING - INTERNAL SERVICE FUNDS: Lease Purchase - Garage 2,758,500 2,758,500 Lease Purchase - Administrative Services 339,000 339,000 TOTAL ALL FUNDING SOURCES: 56,368,790 65,806,878 9,438,088 Item # 2 56 Ordinance # 7916-08 Meeting Date: 3/17/2008 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Approve settlement of the liability claim of Clare Peacock for payment of $34,555.25 and authorize the appropriate officials to execute same. (consent) SUMMARY: On February 13,2008 Ms. Peacock's property at 2348 Sunset Point Road was flooded by raw sewage. Roots in the sewer line maintained by the city caused the sewage backup. As the backup resulted from the city's failure to properly maintain the sewer line, the city is responsible for the damage to Ms. Peacock's property. Ms. Peacock incurred $34,555.25 in damage to her property. The City's limit ofliability as provided by Section 768.28, Florida Statutes is $100,000. The City's Risk Management Division and City's Claims Committee recommend this settlement. Funding for the payment of this settlement is available in the budget for claims expense in the Central Insurance Fund. Appropriation Code 590-07000-545900- 519-000 Amount $34,555.25 Appropriation Comment Bid Required?: Other Bid / Contract: No Bid Number: Bid Exceptions: None Review Approval: 1) Office of Management and Budget 2) Financial Services 3) Office of Management and Budget 4) Legal 5) Clerk 6) Assistant City Manager 7) Clerk 8) City Manager 9) Clerk Cover Memo Item # 3 Meeting Date: 3/17/2008 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Approve settlement of the liability claim of Stephen Smith for payment of $96,035.35 and authorize the appropriate officials to execute same. (consent) SUMMARY: On August 2, 2007, a Police Ameri Corp employee struck the rear of Mr. Smith's vehicle. Mr. Smith was stopped at an intersection waiting for an ambulance to clear the intersection. The Ameri Corp employee was following behind Mr. Smith and was unable to stop in time to avoid the collision. Mr. Smith's vehicle sustained $3,964.65 in damage. Mr. Smith was wearing a seat belt, and sustained large multi level cervical disc herniations, with severe compression of the spinal cord at C4-5 and C5-6levels, and to a lesser extent at C6-7. Mr. Smith was surgically treated for these injuries with a C5-C7 fusion. He also has an alleged loss of income claim of $2,100. Mr. Smith's medical bills exceed $77,000. The City of Clearwater had an Independent Medical Evaluation that confirmed that Mr. Smith's injuries were related to his auto accident. The City's limit ofliability as provided by Section 768.28, Florida Statutes is $100,000. The City's Risk Management Division and City's Claims Committee recommend this settlement. Funding for the payment of this settlement is available in the budget for claims expense in the Central Insurance Fund. Type: Current Year Budget?: Other Yes Budget Adjustment: None Budget Adjustment Comments: Current Year Cost: Not to Exceed: For Fiscal Year: $96,035.35 Annual Operating Cost: Total Cost: $96.035.35 10/1/2007 to 9/30/2008 Appropriation Code 0590-07000- 545900- 519- 000-0000 Amount $96,035.35 Appropriation Comment Review Approval: 1) Office of Management and Budget 2) Legal 3) Clerk 4) Assistant City Manager 5) Clerk 6) City Manager 7) Clerk Cover Memo Item # 4 Meeting Date: 3/17/2008 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Approve the purchase of property insurance from April 1 ,2008 through April 1 , 2009, at $50,000,000 for all perils at amount not to exceed $2,075,000 and authorize the appropriate officials to execute same. (consent) SUMMARY: The Risk Management Division of the Finance Department has requested Arthur J. Gallagher & Co. - (Florida) to obtain quotes for the property insurance program expiring April 1 , 2008. This insurance program as proposed has several enhancements to last year's program. The most important enhancement is the reduction of our self-insured retention from $500,000 to $300,000. Risk Management reviewed several proposals with different levels of insurance. The City's expiring insurance program had a limit of $50M. Several other options of coverage were offered, including: $50M All Perils: $1,983,672 $50M All Perils + additional $25M All Other Perils: $1,983,672 + $35,354 = $2,019,026 $50M All Perils + $20M Terrorism: $1,983,672 + $37,995 = $2,021,667 $50M All Perils + additional $25M All Other Perils + $20M Terrorism $1,983,673 + $35,354 + $37,995 = 2,057,021 Risk Management is again recommending a $50M limit at an annual premium of $1,983,672. Risk Management believes that should this coverage be placed, the City's property risks are covered at levels and rates which, when taken together as a whole, represent a reasonable insurance program for the City. The requested additional funds are to accomodate any property additions during the premIUm year. Type: Current Year Budget?: Operating Expenditure Yes Budget Adjustment: None Budget Adjustment Comments: Current Year Cost: Not to Exceed: For Fiscal Year: $2,075,000 Annual Operating Cost: Total Cost: to Appropriation Code Amount 590-07000-545100-519-000 $2,075,000 Review Approval: 1) Office of Management and Budget 2) Legal 3) Clerk 4) Assistant City Manager 5) Clerk 6) Cit~Wnu\ctg6i) 7) Clerk Appropriation Comment Cover Memo Property Insurance Program 04/01/08-04/01/09 Carrier & Premium Estimates No Insurance Total Insured Value $530M Axis/Endurance/W estchester $15MXS $35M Premium $309,072 Arch Specialty $5M XS $30M Premium $132,314 Axis/W estchester $lOMXS $20M Premium $310,078 Landmark American Insurance Co/Lexington Ins. Co. $20M Primary Premium $1,232,208 $300,000 All Other Perils 5% with minimum of $300,000 Named Storm No Insurance Attachment number 1 Page 1 of 1 $480 Million $50 Million $35 Million $30 Million $20 Million Item # 5 Meeting Date: 3/17/2008 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Award a contract for the Clearwater Community Sailing Center Expansion (07-0040-MA) to R. Krueger Construction Co., Inc., of Oldsmar, Florida for the sum of $269,280.00 which is the lowest responsible bid received in accordance with the plans and specifications and authorize the appropriate officials to execute same. (consent) SUMMARY: This project will construct a 3,300 square foot, two-story addition of wood and concrete decks and stairs to the existing Clearwater Community Sailing Center, located at 1001 Gulf Blvd., Clearwater, Florida (Sand Key). Nine (9) competitive bids were received for this project with R. Krueger Construction Co., Inc., of Oldsmar, Florida being the successful bidder. R. Krueger Construction Co., Inc., is a pre-qualified building Contractor with the City and has successfully completed similar City projects. This facility expansion is necessary as the escalating number of functions and members, and demand for services has greatly taxed the available facilities and equipment. In particular, classroom facilities are a major area of concern with most programs needing and competing for the very limited classroom or meeting space currently there. This addition is the minimum necessary to meet the space demand of our Sailing Center's many community programs and will significantly enhance their ability to increase revenues by providing a larger rental area for weddings and corporate meetings. Clearwater Community Sailing Association is responsible for the day to day operation of this facility. The Marine and Aviation Department is responsible for janitorial services and major maintenance items. This project will start as soon as possible after award and execution of the contract and will be completed within 120 days. Available funding in Capital Improvement Program (CIP) project 0315-93407, Sailing Center Operations, will provide sufficient budget for this contract. Copies of the contract are available for review in the Office of Official Records and Legislative Services. Type: Current Year Budget?: Budget Adjustment Comments: Current Year Cost: Not to Exceed: For Fiscal Year: Capital expenditure Yes Budget Adjustment: None 269,280.00 269,280.00 2007 to 2008 Annual Operating Cost: Total Cost: Appropriation Code 0315-93407-563600-575- 000-0000 Amount $269,280.00 Appropriation Comment Cover Memo Item # 6 Bid Required?: Other Bid / Contract: Review Approval: Yes 07- 0040- MA Bid Number: Bid Exceptions: None 1) Financial Services 2) Office of Management and Budget 3) Legal 4) Clerk 5) Assistant City Manager 6) Clerk 7) City Manager 8) Clerk Cover Memo Item # 6 C 0::: ~ ~ o <l: "It o o ...:. e.. z o en z <l: a. >< w 0::: w I- Z W U ~ z ::J <i: (J) ~ Z :::l 2: 2: o U 0::: w I- ~ 0::: <l: w ...J U z o M i= WI'-- U 1-.... :J lJ)'" ~ . L1f~ ~~~Li 8 -:-~ 0::- ffi8~~ Cl WlJ) W 1-0 ~ ~o " ~ '" co o o C\I ci C\I :I: U 0::: <l: 2: >=' <l: c (J) 0::: :::l :I: I- co o o C\I cO C\I ~ <l: :::l 0::: r:a w u.. 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" o:i ('oJ co- N '" <fl o o o ('oJ ai '" '" o 0 0 o 0 0 o 0 0 o 0 0 o 0 0 0- 1.0- LO- '" '" co '" '" <fl <fl <fl ~I I I Meeting Date: 3/17/2008 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Award a contract to CALE Parking Systems USA, Inc., Clearwater, FL, in the amount of $172,550 for seventeen (17) Multi-Space Pay & Display parking meter units to be installed in the south beach parking lots that are currently operated as attendant parking and authorize the appropriate officials to execute same. (consent) SUMMARY: . Standard Parking Corp. has been operating these lots since October 2003. . Standard Parking Corp. projected contract costs for FY 08 at $442,000. . The Beach Walk project has significantly reduced the supply of public parking and it is no longer cost effective to operate with attendant parking. . Four (4) responses to RFP 38-07 (Multi-Space Parking Meter System) were received in August 2007. . CALE Parking Systems, USA was selected as the most responsive respondent. The equipment has been in place since November 2007 at the East Shore temporary parking lot and has been a success operationally and has saved thousands of dollars in staffing costs. . The equipment is solar powered and accepts coin, bills and on-line credit cards. An "all day" option to eliminate the patrons' concerns about receiving over time parking citations is also offered. . Equipment maintenance and enforcement costs for the proposed pay stations will be absorbed without any increase in FTE's. . There will be minimal monthly wireless fees and equipment partslrepair costs. . Anticipated installation time 90 days after approval. . Funding for this contract is included in the approved 2007/08 Parking Fund CIP budget (315-92636) and Operating Budget Contractual Services and Operating Supplies and Materials (435-01333). Type: Current Year Budget?: Budget Adjustment Comments: Current Year Cost: Not to Exceed: For Fiscal Year: Capital expenditure Yes Budget Adjustment: None $172,550 Annual Operating Cost: Total Cost: to Gvef..MemG...... Appropriation Code 315-92636-565000-545-000 Amount $172,550 Appropriation Comment Item # 7 Bid Required?: Other Bid / Contract: Review Approval: Yes RFP #38- 07 Bid Number: Bid Exceptions: None 1) Financial Services 2) Office of Management and Budget 3) Legal 4) Clerk 5) Assistant City Manager 6) Clerk 7) City Manager 8) Clerk Cover Memo Item # 7 Meeting Date: 3/17/2008 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Accept a perpetual blanket Fire Hydrant and Utility Easement over, across and under Lots 1 and 2, SUNSET SQUARE SUBDIVISION, conveyed by Loren M. Pollack and H. Sara Golding Scher, as Co-Trustees under Agreement dated April 23, 1993, and Sunset Square General Partnership, as beneficiary (collectively, Grantor), in consideration ofreceipt of $1.00 and the benefits to be derived therefrom. (consent) SUMMARY: Grantor is completing construction of a new CVS Pharmacy at the southeast corner of Highland A venue and Sunset Point Road. The subject easement grants the City blanket ingress and egress to the CVS site and authority to construct, install, maintain and reconstruct as necessary its fire hydrants and appurtenant water facilities upon the property to within five feet of buildings. The project lender, Sun Life Assurance Company of Canada, and CVS Pharmacy, as Lessee, have joined in and consented to the easement conveyance by Grantor. Review Approval: 1) Legal 2) Clerk 3) Assistant City Manager 4) Clerk 5) City Manager 6) Clerk Cover Memo Item # 8 Attachment number 1 Page 1 of 7 Return to: Earl Barrett Engineering Department City of Clearwater P. O. Box 4748 Clearwater, FI. 34618-4748 RE: Parcels No. 02-29-15-88237-000-0010 and 0020 II FIRE HYDRANT & UTILITY EASEMENT II FOR AND IN CONSIDERATION of the sum of One Dollar ($1.00) in hand paid, the receipt and sufficiency of which is hereby acknowledged, and the benefits to be derived therefrom, Loren M. Pollack and H. Sara Golding Scher, as Co-Trustees under Agreement dated April 23,1996 and Sunset Square General Partnership, as beneficiary c/o Stuart S. Golding Company 27001 U. S. Highway 19 North, Suite 2095, Clearwater, Fl. 33761-3490 (collectively, "Grantor"), does hereby grant and convey to the CITY OF CLEARWATER, FLORIDA, a Florida Municipal Corporation ("Grantee"), a non-exclusive easement for utility purposes located five feet (5') on either side of utilities as actually constructed or installed from time to time pursuant to the utility plans approved and on file with the City of Clearwater, Florida, to the extent located over, under and across the following described land, lying and being situate in the County of Pinellas, State of Florida, to wit: Lot 1 and Lot 2, SUNSET SQUARE SUBDIVISION, according to the map or plat thereof as recorded in Plat Book 90, Page 4, in the public records of Pinellas County, Florida. The CITY OF CLEARWATER, FLORIDA, shall have ingress, egress and the right to enter upon the herein described easement premises to construct, install and maintain and reconstruct as necessary fire hydrants, appurtenant water mains, valves and all related utilities, except as such utilities and related facilities may be located and lie under structures or within five feet (5') of buildings within the easement area, in accordance with all codes, regulations and ordinances of the City (the "facilities"). Grantee shall have full authority to inspect and alter all facilities from time to time within said easement premises. In the time-to-time exercise of rights granted herein Grantee shall in every instance restore all physical impacts to the easement premises to equal or better condition as existed prior to the exercise of such rights. Grantor warrants and covenants with Grantee that it is the owner of fee simple title to the herein described easement premises, and that Grantor has full right and lawful authority to grant and convey . \. this easement to Grantee, and that Grantee shall have quiet and peaceful possession, use and enjoyment of this easement. U:\Easements\POLLACK-SCHER TR BLKT HYDRANT & UTIL EAS. 032107.doc Item # 8 ';Y~'!~'~J,;,~~, Attachment number 1 Page 2 of 7 It is expressly understood that Grantor reserves unto itself all rights of ownership of the easement premises not inconsistent with the easement rights granted herein. This easement is binding upon the Grantor, the Grantee, their successors and assigns. The rights granted herein shall be perpetual and irrevocable and shall run with the land, except by the written mutual agreement of both parties, or by abandonment of the easement premises by Grantee. IN WITNES~WHER executed this d"'3 day of grantor has caused these presents to be duly ,2008. Signed, sealed and delivered in the presence of: .~ 0rt, n~ ~~ure . D l-t.-ML qtnesS~b E;=~ r ~~,?~L--- Loren M. Pollack, as Co-Trustee under Agreement dated April 23, 1996 STATE OF FLORIDA COUNTYOF_P~~ 55 . .. a::.- The foregoing instrument was acknowledged before me this ~"i' day of ~ /, 2008 by Loren M. Pollack, as Co-Trustee under Agreement dated April 23, 1996, 0 execute the foregoing instrument on behalf of himself and said Trust, and who acknowledged the execution thereof to be his free act and deed for the uses and purposes therein expressed, and [ ] who is personally known t e, or [ q-Who has produced - as identification. My Commission Expires: Type/Print Name ~"(J. N :R~\ l otary PubliC Slate of F/or"d . . ynn l Ward ' a ~~ ,! My Commission OD OF f\.o Expires 01/18/2012734910 U:\Easements\POLLACK-SCHER TR BLKT HYDRANT & UTIL EAS. 032107.doc Item # 8 (. Attachment number 1 Page 3 of 7 ~ H. Sara Golding cher, s Co-Trustee under Agreement dated April 23, 1996 STATE OF FLORIDA . ss COUNTY OF _tsl-;\~: The foregoing instrument was acknowledged before me this ~ay of ~ r 'to ' 2008 by H. Sara Golding Scher, as Co-Trustee under Agreement dated April 23, 1996, who e ecuted the foregoing instrument on behalf of herself and said Trust, and who acknowledged the execution thereof to be her free act and deed for the uses and purposes therein expressed, and~is personally k me, or ] wh s produced as identification. My Commission Expires: Type/Print Name Notary Public State of Florida r My Commission 00335553 Expires 08/04/2008 U:\Easements\POLLACK-SCHER TR BLKT HYDRANT & UTIL EAS. 032107.doc Item # 8 ~~ Attachment number 1 Page 4 of 7 SUNSET SQUARE GENERAL PARTNERSHIP, a Florida general partnership By: PSK ASSOCIATES LIMITED PARTNERSHIP, a Florida limited partnership, one of its two general partners STATE OF FLORIDA : COUNTY OF /I. J~~;' 55 . '74rf..- -. The foregoing instrument was acknowledged before me thisa..Lday of , 2008 by H. Sara Golding Scher, as President of PSK, Inc., General Partner of PSK Associat Limited Partnership, a Florida limited partnership, a General Partner of Sunset Square General Partnership, a Florida general partnership, who executed the foregoing instrument on behalf of the partnerships, and who acknowledged jb.&-execution thereof to be her free act and deed for the uses and purposes therein expressed, and [--1" who is personally known to me, or [ ] who has produced as identification. Type/Print Name ~. t My Commission Expires: N Iic State of Florida Lauri Slater My Commission 00335553 Expires 08/04/2008 U:\Easements\POLLACK-SCHER TR BLKT HYDRANT & UTIL EAS. 032107.doc Item # 8 / STATE OF FLORIDA n :JSS COUNTYOF l~? ": SUNSET SQUARE GENERAL PARTNERSHIP, a Florida general partnership By: e~ht.p~eL-- Loren M. Pollack, one of its two general partners Attachment number 1 Page 5 of 7 The foregoing instrument was acknowledged before me thisdJ' cr day of Q~~~ "-" ~ .- 2008 by Loren M. Pollack, a General Partner of Sunset Square General Partnersh~ partnership, who executed the foregoing instrument on behalf of the partnership, and who acknowledged the execution thereof to be his free act and deed for the uses and purposes therein expressed, and [/] who is personally known to me, or [ ] who has produced as identification. ~Uac~ olary :0 - Stale of Florida Type/Print Name My Commission Expires: o~~y P(f~ Notary Public State of Florida ~ . Lynn L Ward ~ ~ My Commission 00734910 .~OFr.cP Expires 01/18/2012 U:\Easements\POLLACK-SCHER TR BLKT HYDRANT & UTIL EAS. 032107.doc Item # 8 Attachment number 1 Page 6 of 7 CONSENT & SUBORDINATION TO GRANT OF EASEMENT The undersigned Mortgagee, owner and holder of an interest in the real property described herein by virtue of that certain mortgage lien described in the Amended and Restated Mortgage and Security Agreement and Notice of Future Advance, and other instruments of security dated January 5, 2006 given by Loren M. Pollack and H. Sara Golding Scher, as Co-Trustees under Agreement dated April 23, 1996 ("Grantor") and Sunset Square General Partnership, a (unregistered) Florida general partnership which is the sole beneficiary under the Trust, as recorded in Official Records Book 14865, Pages 1414 - 1452, and Assignment of Leases and Rents in favor of Mortgagee, as recorded in Official Records Book 14865, Page 1453, and UCC Financing Statement in favor of Mortgagee as recorded in Official Records Book 14865, Page 1471, all of the Public Records of Pinellas County, Florida (collectively, the "Mortgage") does hereby consent to the grant of easement as described in that certain Fire Hydrant and Utility Easement dated ~ ,;l,)f- , 2008 as conveyed to the City of Clearwater, Florida (the "Easement")~nd hereby bordinates all of its right, title, interest and claim in the lien evidenced by Mortgage, and all other instruments of security as described therein, to the Easement. COMMONWEALTH OF MASSACHUSETTS SUN LIFE ASSURANCE COMPANY OF CANADA, ::,aA:o~ Pri11t Name BRIAN p. \ll;RDV Title ntRR":TnA ..nRTOA~E SERVICING ~~~Nam( ~N~ Title OIR!CTOR: MORTGP.Gi SERVICING : 55 COUNTY OF NORFOLK On the5-fh day of _FenruaYlJ ' in the year 2008, before me, the undersigned notary public personally appeared ~~~ "J! d1J . ,as \)\ rl' (~ and r __ _Q, ~S- Nr)i. as \)\.~ c.~ for SUN LIFE ASSURANCE COMPANY OF CANADA, a Canadian corporation, proved to me through satisfactory evidence of identification, being to me known to be the persons whose names are signed on the preceding or attached document, and acknowledged to me that they signed it voluntarily for its stated purpose. My Commission Expires: ~ NANCY MARIE McMILLAN ~*~ Notary Public , Commonwealt~ of, Massachusetts My CommIssIon Expires October 6, 2011 t & UTIL BAS. 032107.doc Item # 8 Attachment number 1 Page 7 of 7 , ''--.. II CONSENT & JOINDER IN GRANT OF EASEMENT II THE UNDERSIGNED, being the owner and holder of a leasehold interest in the herein described property, does hereby join in and consent in the granting of the Fire Hydrant and Utility Easement conveyed by Loren M. Pollack and H. Sara Golding Scher, as Co-Trustees under Agreement dated April 23, 1996 to the City of Clearwater, Florida on ::rA?Jc.J~ 'Z.~ , 2008, and does hereby subordinate all of its right, title, interest and claim in such leasehold to said easement grant. HOLIDAY CVS, LLC., a Florida limited liability company By: CVS PHARMACY, INC., a Florida corpo Mishoel B. Nulman lI.liiiital1t Sl8CrEMarl Print Witness Name STATE OF RHODE ISLAND: : ss COUNTY OF PROVIDENCE: Th~~i~9 i~eftJ WtS acknowledged before me 2008 by ~ 40 11 It) }v as of CVS PHARMACY, INC., a Florida corporation, managing member of HOLlDA CVS, LL a Florida limited liability company, w executed the foregoing instrument by and on behalf of said entities, and who acknowledged t xecution thereof to be his free act and deed for the uses and purposes therein expressed, and [ who is personally known to me, or [ ] who provided as d tification. (" My Commission Expires: ate Rhode Island Dorothy T. O'Brien . NotifY PUbliG Type/Pnnt NamState of Ahod ". Me.. e sand Y ommlssfon Expires 08/15/2009 U:\Easements\POLLACK-SCHER TR BLKT HYDRANT & UTIL BAS. 032107.doc Item # 8 .::' SPRING LA 1 1<( 0:: 0:: 0:: ~ THAMES 0 0 0 LA 0:: 0 ~I I~ c:a JOEL LA Ll"l <0 (") 0:: u GREENLEA w w ...J 0 >- <( <( 0 0 w 0:: Z :2: <( LA 0 w ro 0:: ...J :2: <( ...J 0 I W ...J SANDY Cf) ro RD : ROSEMONT RD LINWOOD FL ST (j) c.9 z ::;2 <( 0:: <( ro 0:: <( ro Cf) o ...J 0:: <( U WI LSO N I RDj SUNSET N W.E S Attachment number 2 Page 1 of 1 SOUVENIR 0:: o -0 o )> ::0 o -< ALGONQUI Cf) ...J ...J W ro ro o z <( ...J I Q I -E CIR ro <.) 0: ~ 0/ ELIZABETH LA City of Clearwater Engineering Department D"awn By S.K. Reviewed By: E.B. Scale: N.T.S. Grid # 261A S - T - R 2-29s-15e C\3te: 04/11/07 Item # 8 Meeting Date: 3/17/2008 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Accept a perpetual Water Main and Fire Hydrant Easement containing 0.0352 acres, more or less, over, across and under a portion of Lot 2, Block A, LOKEY SUBDIVISION, and a portion of Lot 1, SEVER PARK, conveyed by Al and AI, LLC, a Florida limited liability company, in consideration ofreceipt of $1.00 and the benefits to be derived therefrom. (consent) SUMMARY: Lokey Motor Company is constructing a new sales room and office addition at its U. S. 19 dealership to service what is reportedly the first Mercedes "Smart Car" franchise in the U. S. The new addition requires installation of an additional fire hydrant and water service line, and authority for the City to service and maintain the facilities. The subject conveyance provides sufficient authority for the City to maintain and replace the required fire safety facilities in perpetuity, or until such time as the City may abandon the facilities. Review Approval: 1) Legal 2) Clerk 3) Assistant City Manager 4) Clerk 5) City Manager 6) Clerk Cover Memo Item # 9 Attachment number 1 Page 1 of 5 Retum to: Earl Barrett Engineering Department City of Clearwater P. O. Box 4748 Clearwater, FI. 33758-4748 Parcell. D. No. 19-29-16-52455-000-0020 Parcell. D. No. 18-29-16-80353-000-0011 II WATER MAIN & FIRE HYDRANT EASEMENT II FOR AND IN CONSIDERATION of the sum of One Dollar ($1.00) in hand paid, the receipt of which is hereby acknowledged, and the benefits to be derived therefrom, AL & AL, LLC, a Florida limited liability company, 19820 U. S. Highway 19 North, Clearwater, Florida 33764-5016 ("Grantor") does hereby grant and convey to the CITY OF CLEARWATER, FLORIDA, a Florida Municipal Corporation ("Grantee"), a non-exclusive, limited purpose easement over, under and across the following described land lying and being situate in the County of Pinellas, State of Florida, to wt A part of Lot 2, Block A, LOKEY SUBDIVISION, according to the plat thereof recorded in Plat Book 92, Pages 18 and 19 of the Public Records of Pinellas County, Florida; and a part of the southerly 385.00 feet of Lot 1, SEVER PARK, according to the plat thereof as recorded in Plat Book 90, Page 59 of the Public Records of Pinellas County, Florida, containing 0.0352 acres, more or less, as more particularly described and depicted in EXHIBIT "A", Pages 1 and 2, appended hereto and by this reference made a part hereof ("Easement Premises") This easement is for water main and fire hydrant installation and maintenance only. The CITY OF CLEARWATER, FLORIDA, shall have the right to enter upon the above-described premises to construct, install and maintain therein a water line and fire hydrant, and facilities appurtenant thereto; and to inspect and alter such water line and fire hydrant and appurtenant facilities from time to time. Grantee shall be solely responsible for obtaining all governmental and regulatory permits required to exercise the rights granted herein. The CITY OF CLEARWATER, FLORIDA covenants and agrees with Grantor that it shall maintain reasonable access to Grantor's facilities at all times during the exercise of rights granted herein for Grantcr and the general public, and that it shall promptly restore the Easement Premises and any affected areas surrounding the Easement Premises upon completion of any project undertaken in the exercise of these rights to at least the same quality of condition that existed as of the date Grantee first exercised any of its rights hereunder. Grantee further represents and warrants that it shall diligently pursue the completion of a!1 work activities in a timely manner Grantor warrants and covenants with Grantee that it is the owner of fee simple title to the herein described Easement Premises, and that Grantor has full right and lawful authority to grant and convey this easement to Grantee, and that Grantee shall have the non-exclusive, limited purpose quiet and peaceful possession, use and enjoyment of this easement. It is expressly understood that Grantor reserves all rights of ownership of the Easement Premises not inconsistent with the easement rights granted herein. Grantee, to the extent permitted by applicable law, agrees to indemnify and hold harmless Grantor from and against any and all claims, demands, actions, judgments, injuries, damages, costs and expenses, including attorney's fees, resulting from or related to Grantee's or Grantee's employees, agents and/or invitees use or occupation of the easement premises. However, nothing contained herein shall be construed to waive or modify the provisions of Florida Statute 768.28 or the doctrine of sovereign immunity as to any party hereto. In addition, nothing contained herein shall be construed as consent by the Grantee to be sued by third parties in any manner arising from this grant of easement, or as a waiver of sovereign immunity. C:\Documents and Settings\Cheryl\Local Settings\Temporary Internet Files\Content.Outlook\SS9XIZCH\AL AL - LOKj:;Y # 9 US 19 WM EASE 0108.doc Item ~~i. =~- ,;~(,'" Attachment number 1 Page 2 of 5 In the event Grantor, its successors or assigns, should ever determine it necessary to relocate the water mains constructed within the easement premises to facilitate further development or redevelopment of the property encumbered hereby; then Grantor, its successors or assigns, in consultation with and upon approval of Grantee, shall provide an alternate easement for the constructed water mains, and shall at its sole cost and expense reconstruct the water mains within the alternate easement. Upon completion of the water mains relocation Grantee shall cause this easement to be vacated and evidence of vacation duly recorded in the public records of Pinellas County, Florida. Grantor shall hold harmless and indemnify Grantee if the Grantor's secured mortgagee, Wachovia Bank, National Association, should fail to timely consent to and join with Grantor in conveyance of easement described herein, and further subordinate its right, title and interest therein to said easement. This easement is binding upon the Grantor, the Grantee, their heirs, successors and assigns. The rights granted herein shall be perpetual and irrevocable and shall run with the land, except by the written mutual agreement of both parties, or by abandonment of the easement premises by Grantee. IN WITNE~S WHEREOF, the undersigned grantor has caused these presents to be duly executed this \ '-l ~ day of ~e.\a~~ ' 2008. Signed, sealed and delivered ?:~~ wre;)s :1,;'treero W t') Print ZSyi:: WITNESS signature . :;?o8:;:/lr E. InO((f9 Print Witness Name AL & AL, LLC, a Florida limited liability company By: STATE OF FLORIDA : ss COUNTY OF PINELLAS Before me, the undersigned authority, personally appeared Philip E. Lokey, Managing Member of AL & AL, LLC, a Florida limited liability, who executed the foregoirg instrument on behalf of said entity on the aforementioned date, and who acknowJedged the execution thereof to be his free act and deed for the use and purposes herein set forth, and who [~is personally known to me, or who [ ] di~ provide id ntJication. My commission expires: L \ l~o.. Type/Print Name II....... t'\ Lisa A Daffron \'1; My Commission D02Sn10 0,,." expires March 16,2008 C:\Documents and Settings\Cheryl\Local Settings\Temporary Internet Files\Content.Outlook\SS9XIZCH\AL AL - LOK!:;Y # 9 U S 19 WM EASE 01 08.doc Item o L{) II W ---l <( u L~ I~ SERVER PARK PB 90, PG 59 LOT 1 w Z :J >- <( ~ I lL. o I I- J: o ir I- VJ W ~ Attachment number 1 Page 3 of 5 SECTIONS 18 & 19, TOWNSHIP 29 S., RANGE 16 E., PINELLAS COUNTY, FLORIDA PROJECT NUMBER 3664-01 LINE L1 L2 L3 L4 L5 L6 L7 L8 15.00'~_ . :J col [P.O.B.l NORTH LINE OF /, SECTION 19- - -I -I N88~5~5':!! L.!4 ~... 100.00' ~C iT - -I r--- 10.00' LOKEY SUBDIVISION PB 92, PG 18 LOT 2 B LaC K A NOT A SURVEY ITEM DATE BY QC MERCEDES SMART CAR EASEMENT SKETCH & DESCRIPTION 01/14/08 JOD GM H: \IN\3664\DWG\SMARTCARE SMT.DWG '(,:. . 0) ,... > oCt 3= :r: CJ :r: tJ) ~ LINE TABLE BEARING SOO.52'25"W N88.55'55"W N01.04'05"E S88.55'55"E NOO.52'25"E N01.04'22"E S88.55'35"E SOl.04'22"W DIST ANCE 25.00 76.04 10.00 61.00 15.00 36.42 15.00 36.42 J NE CORNER, NE 1/4 /. SEC 19-29S-16E ./ '(Ir SAVED: 1/15/2008 1:20 PM PLOTTED: 1/14/2008 2:38 PM 1 SHEET 1 OF 2 POLAR8 ASSOCIATES INC. PROFESSIONAL SURVEYING LB 6113 18850 U.S HIGHWAY 19 SUITE 500 CLEARWA TER, FLORIDA 33764 (727) 524-6500 Itorn fI:. a Attachment number 1 Page 4 of 5 SECTIONS 18 & 19, TOWNSHIP 29 S., RANGE 16 E., PINELLAS COUNTY, FLORIDA PROJECT NUMBER 3664-01 DESCRIPTION A PART OF LOT 2, BLOCK A, LOKEY SUBDIVISION, ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 92, PAGES 18 AND 19 OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA AND A PART OF THE SOUTHERLY 385.00 FEET OF LOT 1, SEVER PARK, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 90, PAGE 59 OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHEAST CORNER OF THE NORTHEAST 1/4 OF SECTION 19, TOWNSHIP 29 SOUTH, RANGE 16 EAST, PINELLAS COUNTY, FLORIDA; THENCE ALONG THE NORTHERLY BOUNDARY OF THE NORTHEAST 1/4 OF SAID SECTION 19, N.88.55'55"W., 100.00 FEET TO THE POINT OF BEGINNING; THENCE ALONG THE WESTERLY RIGHT-OF-WAY LINE OF U.S. HIGHWAY 19, S.00.52'n"W., 25.00 FEET; THENCE N.88.55'55"W., 76.04 FEET; THENCE N.Ol.04'05"E., 10.00 FEET; THENCE S.88.55'55"E., 61.00 FEET; THENCE N.00.52'25"E., 15.00 FEET; THENCE N.Ol'04'22"E., 36.42 FEET; THENCE S.88.55'35"E., 15.00 FEET; THENCE ALONG SAID WESTERLY RIGHT-OF-WAY LINE, S.01.04'22"W., 36.42 FEET TO THE POINT OF BEGINNING. CONTAINING 0.0352 ACRES, MO NOTES 1. BEARINGS ARE BASED ON THE WEST RIGHT-OF-WAY LINE OF US HIGHWAY 19, BEING SOO.52'25"W. 2. LEGAL DESCRIPTION WAS PREPARED BY POLARIS ASSOCIATES, INC. 3. RE-USE OF THIS SKETCH FOR PURPOSES OTHER THAN WHICH IT WAS INTENDED, WITHOUT WRITTEN VERIFICATION, WILL BE AT THE RE-USERS SOLE RISK AND WITHOUT LIABILITY TO THE SURVEYOR. NOTHING HEREIN SHALL BE CONSTRUED TO GIVE ANY RIGHTS OR BENEFITS TO ANYONE OTHER THAN THOS E CE RTIFIE D TO. 4. THIS SKETCH IS NOT INTENDED TO SHOW THE LOCATION OR EXISTENCE OF ANY JURISDICTIONAL, HAZARDOUS OR ENVIRONMENTALLY SENSITIVE AREAS. 5. THIS SKETCH WAS PREPARED WITHOUT THE BENEFIT OF AN ABSTRACT OF TITLE AND MAY BE SUBJECT TO EASEMENTS, RESTRICTIONS, RIGHTS-OF-WAY AND OTHER MATTERS OF RECORD. CERTIFICATION I HEREBY CERTIFY THAT THE SKETCH REPRESENTED HEREON MEETS THE MINIMUM TECHNICAL STANDARDS SET FORTH BY THE FLORIDA BOARD OF PROFESSIONAL LAND SURVEYORS IN CHAPTER 61G17-6, FLORIDA ADMINISTRATIVE CODE, PURSUANT TO SECTION 472.027 FLORIDA STATUTES. SAVED: 1/15/2008 1:20 PM PLOTTED: 1/14/2008 2:38 PM NOT A SURVEY ITEM JOHN O. DIE HL P.L.S. NO. 4053 STATE OF FLORIDA SHEET 2 OF 2 SKETCH & DESCRIPTION 01/14/08 JOD GM H: \IN\3664\DWG\SMARTCARE SMT.DWG MERCEDES SMART CAR EASEMENT I' POLAR8 ASSOCIA TES INC. PROFESSIONAL SURVEYING LB 611 J 18850 U.S HIGHWAY 19 SUITE 500 CLfARWA TfR, FLORIDA 33764 (727) 524-6500 Horn -H a DATE BY QC IJT~~J! KEN BURKE CLERK OF c,J\\lP.Chment number 1 , '::'r:'~9'e 5 of 5 PINELLAS COUNTY FlORIDA INST# 200804516902/15/2008 at 02:29 PM OFF REC BK: 16153 PG: 2493-2493 DocType:AGM RECORDING: $10.00 II CONSENT & JOINDER II The undersigned Mortgagee, owner and holder of an equitable interest in the real property described herein by virtue of that certain Mortgage and Assignment of Rents, and other instruments of security dated June 13, 2007 given in favor of Wachovia Bank, National Association, as recorded in O. R. Book 15932, Pages 2631 - 2646 of the public records of Pinellas County, Florida; does hereby join with Grantor and consents to the grant of easement as conveyed in the herein described Water Main & Fire Hydrant Easement as same shall encumber a portion of Lot 2, Block A, LOKEY SUBDIVISION, as recorded in Plat Book 92, Pages 18 and 19, and a portion of Lot 1, SEVER PARK, as recorded in Plat Book 90, page 59, both being in the Public Records of Pinellas County, Florida, and as more particularly described in said instrument, and does hereby subordinate all of its right, title, interest and claim in the aforementioned lien to the easement rights Grantor has conveyed therein. By: Print Name Title ASSOCIATION Signed, sealed and delivered In the pre~ence of: u STATE OF $ooda : ss COUNTY OF~\~~ : The foregoing instrument was acknowledged before me this \'5" day of tc&xu.~ ' 2008 by ts~GL Lev.) \. ~ ,as 'S..Q.(\i.o.f" \J\~ '"?(,,~I.d.ent-- of Wachovia Ban, National Association, mortgagee in the above-described lien, who executed said instrument and acknowledged the execution thereof to be h~ free act and deed for the uses and purposes therein expressed, and who f;>dJis personally known to me, or who [ ] did provide as identification. 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'" - --"'- --"'- I," "" I'" '" Prepared by: Engineering Department Geographic Technology Division 100 S. Myrtle Ave, Clearwater, FL 33756 Ph: (72~2~;~~~::~~2:~~6-4755 Map Gen By: SF Map Document: (V:IGISITemplateslnewB x 11.mxd) 11/21/2007 --10:45:40AM AL & AL, INC. WATER MAIN & FIRE HYDRANT EASEMENT N W~E Reviewed By: EB Date: 2/21/2008 S-T-R: 18-29S-16E s em #9 Scale: N.T.S. Meeting Date: 3/17/2008 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Approve a contract to Hausinger & Associates, Inc. of Parrish, FL, in the amount of $195,332.50 for well drilling construction services related to the Chloride Cap - Monitoring Wells Project (04-0049-UT), and that the appropriate officials be authorized to execute same. (consent) SUMMARY: The City of Clearwater Public Utilities Department is the permitted owner and operator of an existing well field that supplies raw water for production of potable water. A recent modification to the Water Use Permit (WUP) through the Southwest Florida Water Management District requires the addition of 3 upper Floridan aquifer monitoring wells. The permit modification that was performed in a prior phase of this project involved a critical change in how the City is required to monitor and sample the aquifer and report any changes due to the City's withdrawal activities. The modification involved transferring sampling points from the actual production wells to monitoring wells that more accurately reflect surrounding conditions and will give better indication of any potential impacts to adjacent water users. The construction activities associated with this contract include drilling of three new monitoring wells to provide for City staff monitoring and sampling of production wells that currently do not have nearby monitoring facilities. Project duration is expected to be 120 calendar days with completion by the end of July 2008. Resolution 07-28 was passed on November 1,2007, establishing the City's intent to reimburse certain Water & Sewer Utility project costs incurred with future tax-exempt financing. The projects identified with 2009 revenue bonds as a funding source were included in the project list associated with Resolution 07-28. Sufficient budget for interim financing or funding with 2009 Water and Sewer Revenue Bond proceeds when issued is available in projects 0376-96764, Reverse Osmosis Plant Expansion-Reservoir 1, in the amount of $63,800.00 and 0376-96763 Well Field Expansion, in the amount of $131,532.50. Type: Current Year Budget?: Budget Adjustment Comments: Current Year Cost: Not to Exceed: For Fiscal Year: Capital expenditure Yes Budget Adjustment: No $195,332.50 Annual Operating Cost: Total Cost: $195,332.50 2007 to 2008 Appropriation Code 0376-96763- 563800- 533- 000-0000 0376-96764- 563800- 533- 000-0000 Amount $131,532.50 Appropriation Comment see summary section $ 63,800.00 Cover Memo see summary section Item # 10 Bid Required?: Other Bid / Contract: Yes Bid Number: Bid Exceptions: 04-0049- UT None Review Approval: 1) Financial Services 2) Office of Management and Budget 3) Legal 4) Clerk 5) Assistant City Manager 6) Clerk 7) City Manager 8) Clerk Cover Memo Item # 10 Attachment number 1 Page 1 of 2 0 0 8i 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 ~ ~ gi ~ ~ ~ ~ ~ ~ ~ ~ ~ of g <D of ~ of iJf ~- '" w-i 0 0 0 0 0 0 0 0 0 oi 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; ~ ~ ~ ~ @ ~ @ 1.0; ~ N ~ of ~ of w-i 0 0 0 0 0 0 0 0 0 ~i 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 @ @ ~ @ ~ ~ @ ~ ~ rei ~ ~ ~ @ @ ~ ~ ~ m ~ ~ ~ ~ ~ " ~ of i ~- '" w-i 0 0 0 0 0 0 0 0 oi 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0; 0 0 0 0 0 0 ~ Iii g g Iii ~ ~ ~ 1.0; ~ ~ ~ @ ~ @ !;:::i ~ ~ ~ " of w-i 0 0 8i 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 ~ @ @ gi @ ~ @ @- @ @ ~ ~ ~- ~ ~ N of ili '!i ;:: o u: g ~ o W ~ Z ;;' " o 0 0 0 0 o 0 0 0 0 ~ ~ ~ ~ g o 0 o 0 g ~ I- I- I- l- LL LL LL ~ >- ~ >- ~ o 0 ., w W >- ~ ~ '" 0 00 w '" . o :::> 3 W o 5 m il' '" '" :il ~ ~w ('j " W 0: ~ 15 '" I ~ ~ ~ ~ ~ ~ ~ ~ " ~ ~ ~ ~ ~ (9 ;i ~ >- >- ~~~ O"'W Z>-O ~~~ ~OO ~l~(I) ~OO:::...J LLI-Oc:l o~- ~ ~S~ i3 W(l)~ ~ tu~~ 6 ~ -:i. ~ ~ ~ ~ ~ ~ ~ ~ ~ ...J ...J i= 000 ~ ~ 5 I >- Z >- '" 0 '" 0 0 fr Ui 0 (I) <( 3 ru " ~ ~~~5~ ~tuffi-9~ ~~~~~ ~~(iS1TI B: -Hw-Lil- 000::: .. ~!~~~ ~~ffi~-~ ItiJ~~a ~~~t;o g~~5~ t;mg8~ ~~~Qli owo3 (JalOLLal :5 :5 8i @ @ gi ~ w-i o o @ 000 000 ~ ~@ ~ of Cli Cli Clii '" ~ a~ I >- >- >- ~ ~ ~ Cli "3 o ~ W W >- 00 ~ o u: g '" Z ;Z o 9 I o Z ~ >< I o Z ~ >< I o Z ~ ~ '" ;; o Z 0: I '" Z '" "' N :::> ~ 00 '" ~ " o il' '" Z OJ ('j W W >- '" " 00 " Z ~ ~ " 0: o I o Z ~ >- W W ~ o w . :::> W o m '" :il ~ " 0: o I o Z ~ <i. 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I 0 !!1 .... ~S~ (j ~ Ii' w ~ !; ;;: W(l)~ ~~ 0 '" tu~~ ~ 0 > .. >- ;ji .... 0 >- E-~ ffi '0 Z '" "' ~ :0 0.0 '" g !!! "' " ~ "'" '" '" " a. '" 0 :ow 9 '" 0 ;,: 0 o.S z z z u: wo :: >- ~ '" r: g Zo. ~ z a;~ i:! ~ 9 '> "'0 '" ~ >= '" :0>- 0; 0 >-W ffi 0 z ~~ '" W ;,: :0 ;Z ~ ~ 0 0 <!lo I >- Z ",>- >- >- '" 0 9 '" 0 0 "'0 0 '" I Wz 0 0 Ii' I 0 ""' ~ 0 '" 0 '" <( '3 z "'0 0 .... ~ :0", i:! Iu " ~ "'0 i" ~~~5~- :;lO 0 >< >- I :!llu W III ~tuffi-9~ 0 0>- ~W :J Z ::J<:\ '" ~~~~~ ~ "'W " (1)::5<:(0;2 >< 00. ;; >-.....OSW I ~a: ~ B: -Hw-Lil- 0 Zo. 000::: .. Z :00 OJ ~!~~~ ~ "'''' ;i; ",0 ~~ffi~-~ ~ ~ ~ ItiJ~~a '" '" '" ~~~t;o ;; ;; ;; g~~5~ 0 z t;mg8~ "' I ~~~~li '" z '" OwO...J___. "' Item # 10 OalOLLall '" :! w >- '" ., ., ., ., Attachment number 2 Page 1 of 1 PARSDNS 4925 Independence Parkway, Suite 120. Tampa, Florida 33634-7540. (813) 933-4650 . Fax: (813) 930-7332 . wwwparsons.com February 25, 2008 Robert Fahey, P.E. Proj ect Manager City of Clearwater Public Works Administration 100 S. Myrtle Avenue, Suite 220 Clearwater, FL 33756-4748 Subject: CWoride Monitoring Well Implementation Project, City Project - 04-0029-UT Engineer's Review of Bids and Recommendation for Award Dear Mr. Fahey: Bid Proposals were received from Hausinger & Associates, Inc, David Cannon Well Drilling and A.C. Schultes of Florida for the construction of the CWoride Monitoring Well Implementation Project and publicly opened on February 21, 2008. Parsons and SDI have reviewed the Bid Tabulation Spreadsheet received from Ms. Bedini of the City's Engineering Department on February 22, 2008. The apparent low bidder is Hausinger & Associates, Inc. with a Total Bid Price, including contingency, of $195,332.50. SOl has worked with Hausinger & Associates on a previous local well project with excellent results. Based on our review, we recommend that, subject to the determination by the City of Clearwater that the apparent low bidder's bid is legal and binding, the City award a contract in the amount of $195,332.50 to Hausinger & Associates, Inc, for construction of the Chloride Monitoring Well Implementation Project. Sincerely, PARSONS WATER & INFRASTRUCTURE, INC. i,/~ Tory L. Champlin, Ph.D., P.E. Project Manager C: Cathleen Beaudoin Jonas and John Palmer, sm ~TA>260315 ChI' Monitor Wel~\Bid Pi1>IselW\JI' Bid Ilecommendatlon.doc Item # 10 Attachment number 3 Page 1 of 1 o . 0.5 2' ::I . sea.. In Miles Figure 1. Site location Map. TSP-11 · MonitorWelllnstallotion Page 14 Item # 10 Attachment number 4 Page 1 of 1 ... poIablll wal9r hydnmls :: : ~ oounty parools . poIablll wal9r fixlUlfi City of ClealWliItel" a__ -.-. poIable wal9r line . stOfl'l'lWaU stndum oity perce15 CJ City 0' CfealWllW SlIfI'ice Am . propolillld 'MJP molliter well .. Irrigation II'\IeII o Discharge Location N A o . 50 100 150 Sca~n Feel 200 ...."''''''., ~ pipe . liIllnilary lIImoM. sallilary plpe liIllwef !Ill1\1lce _mill Figure 2. Site Plan, Monitor Well 158M along Enterprise Road. TSP-11 · Monitor Well Installation Page 15 Item # 10 Attachment number 5 Page 1 of 1 ... potable Wllter hydl1lllU ." .. ~ <XIUIII:y ,.r-.;III$ . potable Wllter mlllt"e6 City of CtnMllllel" euermmt. -.-. potablewaWr Ime city pIll'~1Il . stomlWlder S1.IUr.1Ure CIty of CleaI\ll'i1lel" Sel'llkle Alea ........., ~liir pipe . propoHd WUP monilof wd ., Oisctll\lrge Location N A o . 50 100 150 Sca~in Feet 200 Figure 3. Site Plan, Monitor Well 71M off Lake Shore Drive. TSP-11 · Monitor Welllnstallotion Page 16 Item # 10 Attachment number 6 Page 1 of 1 -.,.-, $lof~ pip. ... pWible _ter Ilydranllil : '" '" "; OIlUI1ty parOlills . pOOiIbIe _ter flxlUIfi ~ '" '"1 CIIy 01 ClealWlliter eaemenl$ t::Icitv~ . m~ s.1lUC1ul'lt 0 CiIy of CINlW/lller S.rvil:4lAI'M . propoDd'MJP mooilor_n o DiSCharge Location N A o . 50 100 150 -.-. potable water line Scale in Feel 200 I . HnilllU)' s.1ll.dme unillll'Y pipe __ .......il:4IlIlter8I1r. Figure 4. Site Plan, Monitor Well IBM along: Emory Drive. TSP-11 · Monitor Well Installation Page 17 Item # 10 Meeting Date: 3/17/2008 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Approve Amendments to the Clearwater Comprehensive Plan related to the Coastal High Hazard Area provisions of the Coastal Management Element and Pass Ordinance 7917-08 on first reading. SUMMARY: The proposed text amendments to the Coastal Management Element of the Clearwater Comprehensive Plan are necessitated by the passage ofHB1359 (Chapter 2006 -68, Laws of Florida), which made a number of changes to Chapter 163, Florida Statutes and to 9J- 5.012 F.A.C. This law requires a change in the definition of Coastal High Hazard Area as well as adoption of a Level of Service (LOS) for evacuation clearance times for a Category 5 storm event. In addition to these requirements, the Planning Department is also recommending the adoption of a Coastal Storm Area (CSA). The CSA includes, in addition to the CHHA, those areas that are not in the CHHA, but can be reached or evacuated only by going through a CHHA, as well as areas where high concentrations of development and population are not appropriate due to safety concerns. The CSA recognizes the unique circumstances existing in the coastal areas of Pinellas County, and ensures proper evacuation. The CSA is a larger area than the CHHA, but to be concurrent with the County Comprehensive Plan, consistent with the Countywide Rules and for safety concerns, the Coastal Storm Area terminology is recommended. The Planning Department and Emergency Management staff are recommending language that would prohibit the siting of hospitals, nursing homes and assisted living facilities in the CSA. Since the City must follow County Emergency Management directives, these text amendments are intended to be consistent with language in the Pinellas County Comprehensive Plan. The recommended amendments were developed in consultation with the Clearwater Citizen's Advisory Committee, Tampa Bay Regional Planning Commission, Pinellas County and Pinellas Planning Council. The Planning Department has determined that the proposed text amendments are consistent with other provisions of the Clearwater Comprehensive Plan, will not adversely impact the use of property, will adversely affect neither the natural environment nor public facilities. Please refer to the report (CP A2007 -06004) for the complete staff analysis. The Community Development Board reviewed these amendments at its public hearing on February 19,2008, and unanimously recommended approval, with the following condition: that a specific time to implement the 36 hour LOS is identified prior to implementation of this amendment. Since the time of that public hearing, Planning Staff has been in contact with Pinellas County Planning Staff. Pinellas County Planning Staff has now been informed by the State Department of Community Affairs (DCA) that DCA is going to raise objections on every community across the state that does not adopt, at a minimum, a 16 hour Evacuation LOS, and have, in fact, already objected to St. Petersburg's adoption of an LOS of 36 hours. County Planning Staff indicated that in view of their conversation with DCA, the County is in the process of amending their Evacuation LOS to 16 hours. City Planning staff has not recommended a specific time to implement an Evacuation LOS due to the fact that numerical estimates for achieving an Evacuation LOS of 16 hours have not yet been developed, although discussions with staff from various agencies have an estimated range from 50- 100 years. Because this is a text amendment to the Comprehensive Plan, review and approval by the Florida Department of Community Affairs is required. Review Approval: 1) Office of Management and Budget 2) Legal 3) Clerk 4) Assistant City Manager 5) Clerk 6) City Manager 7) Clerk Cover Memo Item # 11 Attachment number 1 Page 1 of 3 ORDINANCE NO. 7917-08 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, MAKING AMENDMENTS TO THE COMPREHENSIVE PLAN OF THE CITY AS ADOPTED ON MAY 18, 2000 AND AMENDED ON JULY 12, 2001, OCTOBER 7, 2004, OCTOBER 20, 2005, DECEMBER 15, 2005, AND AUGUST 14, 2007, BY AMENDING THE COASTAL MANAGEMENT ELEMENT; AMENDING THE DEFINITION OF COASTAL HIGH HAZARD AREA; PROVIDING A METHOD FOR HANDLING PARCELS WHERE A PORTION OF THE PARCEL IS LOCATED WITHIN THE COASTAL STORM AREA; DELETING CURRENT POLICY 22.2.2; PROHIBITING THE LOCATION OF NEW, OR EXPANSION OF EXISTING HOSPITALS, NURSING HOMES, AND ASSISTED LIVING FACILITIES WITHIN THE COASTAL STORM AREA AND THE AREA INUNDATED BY A CATEGORY 3 HURRICANE AS DEPICTED BY THE SLOSH MODEL; PROVIDING FOR COOPERATION WITH PINELLAS COUNTY EMERGENCY MANAGEMENT TOWARD REDUCING THE OUT-OF-COUNTY HURRICANE EVACUATION CLEARANCE TIME; ADOPTING A LEVEL OF SERVICE STANDARD FOR OUT-OF- COUNTY HURRICANE EVACUATION CLEARANCE TIME FOR A CATEGORY 5 STORM EVENT; RENUMBERING SOME OBJECTIVES AND POLICIES; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Local Government Comprehensive Planning and Land Development Regulation Act of Florida empowers and requires the City Council of the City of Clearwater to plan for the future development and growth of the City, and to adopt and periodically amend the Comprehensive Plan, including elements and portions thereof; and WHEREAS, the City of Clearwater adopted a Comprehensive Plan on May 18, 2000 by Ordinance Number 6522-00; and WHEREAS, the City Council approved Ordinance Number 6794-01, which amended the Comprehensive Plan of the City on July 12, 2001; and WHEREAS, the City Council approved Ordinance Number 7295-04, which amended the Comprehensive Plan of the City on October 7,2004; and WHEREAS, the City Council approved Ordinance Number 7388-05, which amended the Comprehensive Plan of the City on October 20, 2005 and December 15, 2005; and WHEREAS, the City Council approved Ordinance Number 7782-07, which amended the Comprehensive Plan of the City on August 14, 2007; and Ordinance No.ltatv#l8l1 Attachment number 1 Page 2 of 3 WHEREAS, certain amendments are statutorily required, and others are advisable in order to harmonize the Comprehensive Plan with state law and good planning practice; and WHEREAS, amendments to the Comprehensive Plan of the City have been prepared in accordance with the applicable requirements of law, after conducting the appropriate planning analysis, and public participation through public hearings, opportunity for written comments, open discussion and the consideration of public and official comments; and WHEREAS, the Community Development Board, serving as the designated Local Planning Agency for the City, has held a public hearing on the proposed amendments and has recommended adoption of the proposed Comprehensive Plan amendments; and WHEREAS, the proposed amendments have been transmitted to the Florida Department of Community Affairs for review and comments, and the objections, recommendations and comments received from the Florida Department of Community Affairs have been considered by the City Council, together with all comments from local regional agencies and other persons, in preparing the final draft of the amendments; and WHEREAS, the City Council finds it necessary, desirable and proper to adopt the amendments to the objectives and policies of the Comprehensive Plan in order to reflect changing conditions; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. Amendments 1 - 5 to the Clearwater Comprehensive Plan attached hereto as Exhibit "A" are hereby adopted. Section 2. Severability. If any section, provision, clause, phrase, or application of this Ordinance shall be declared unconstitutional or invalid for any reason by a court of competent jurisdiction, the remaining provisions shall be deemed severable therefrom and shall remain in full force and effect. Section 3. This ordinance shall become effective when the Department of Community Affairs (DCA) issues a final order determining the adopted amendment to be in compliance, or the Administration Commission issues a final order determining the adopted amendments to be in compliance, in accordance with Section 163.3177, 163.3178,163.3184,163.3187 or 163.3189, F.S., as amended. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED 2 Ordinance No.ltatv#l8l1 Approved as to form: Leslie K. Dougall-Sides Assistant City Attorney Attachment number 1 Page 3 of 3 Frank Hibbard Mayor-Councilmember Attest: Cynthia E. Goudeau City Clerk 3 Ordinance No.ltatv#l8l1 Attachment number 2 Page 1 of 3 EXHIBIT A -1 ATTACHMENT TO ORDINANCE 7917-08 AMENDMENT 1 COASTAL MANAGEMENT ELEMENT GOALS, OBJECTIVES AND POLICIES Amendfollowing Objective 22.2 of Goal 22 of the Plan on page E-2 asfollows: * * * * * 22.2 Objective - The coastal high hazard storm area includes areas that have experienced severe damage or are scientifically predicted to experience damage from storm surge, '.'laves and erosion. shall be the area delineated in Map 13-8 of the Coastal Management Element, which encompasses all of the following: (1) the Coastal High Hazard Area (CHHA), which shall be defined by the Sea,Lake and Overland Surszes from Hurricanes (SLOSH) model to be inundated from a category one hurricane, as reflected in the most recent Reszional Evacuation Stud v, Storm Tide Atlas, (2) all land connected to the mainland of Clearwater by bridges or causeways, (3) those isolated areas that are defined by the SLOSH model to be inundated by a category two hurricane or above and that are surrounded by the CHHA or by the CHHA and a body of water, and (4) all land located within the Velocity Zone as designated by the Federal Emergency Management Agency. The City shall direct permanent population concentrations away from known or predicted coastal high hazard areas consistent with the goals, objectives and policies of the Clearwater Comprehensive Plan. * * * * * AMENDMENT 2 COASTAL MANAGEMENT ELEMENT GOALS, OBJECTIVES AND POLICIES Add new following Policy 22.2.1 of Goal 22 of the Plan on page E-2 as follows: * * * * * Policies 22.2.1 If 20% or more of a parcel of land is located within the coastal storm area, then the entire parcel shall be considered within the coastal storm area, with the exception of specific parcels located on the bluffs of Clearwater Harbor that the City has identified in Map 13-8 of the Comprehensive Plan. 1 Exhibit A Ordinance No. 7911Mffi # 11 Attachment number 2 Page 2 of 3 However, if either a parcel of land or a group of parcels that are part of a master development plan is equal to or greater than 5 acres and less than 50% of the parcel or group of parcels is within the coastal storm area, the property owner may elect to provide a survey of the parcel or parcels to determine the exact location of the coastal storm area. * * * * * AMENDMENT 3 COASTAL MANAGEMENT ELEMENT GOALS, OBJECTIVES AND POLICIES Amend Policy 22.2.1 and remove Policy 22.2.2 of Goal 22 of the Plan on page E-2 as follows: * * * * * Policies ~ 22.2.2 Clearwater shall continue hazard mitigation by participation in the National Flood Insurance Program's (NFIP) Community Rating System, Pinellas County's Local Mitigation Strategy, administration of building and rebuilding regulations consistent with City and FEMA F.E.JVL^1. regulations, prohibition of beach sand dune alteration, and restriction of development in flood plains. 22.2.2 The City shall designate the coastal high hazard area as the €'/acuation level "N' zone for a Catel,::;orv 1 hurricane as delineated by Pinellas County. * * * * * AMENDMENT 4 COASTAL MANAGEMENT ELEMENT GOALS, OBJECTIVES AND POLICIES Add Policy 22.2.5 of Goal 22 on page E-6 as follows: * * * * * Policies 22.2.5 The City shall prohibit the location of new, or expansion of area and the area inundated by a category 3 hurricane as depicted by the SLOSH model, as reflected in the most recent Regional Evacuation Study, Storm Tide Atlas. * * * * * 2 Exhibit A Ordinance No. 7911Mffi # 11 Attachment number 2 Page 3 of 3 AMENDMENT 5 COASTAL MANAGEMENT ELEMENT GOALS, OBJECTIVES AND POLICIES Add Policies 24.3.4 and 24.3.5 of Goal 24 on page E-8 as follows: Policies 24.3.4 The City shall cooperate with Pinellas County Emergency Management toward reducing the out-of-county hurricane evacuation clearance time of 55 hours in 2006, as determined in the Tampa Bay Reszion Hurricane Evacuation Study 2006, for a category 5 storm event as measured on the Saffir-Simpson scale. 24.3.5 The adopted level of service standard for out-of-county hurricane evacuation clearance time for a category 5 storm event as measured on the Saffir-Simpson scale shall be 36 hours. * * * * 3 Exhibit A Ordinance No. 7911Mffi # 11 Attachment numb r 3 Page 1 of 1 II ~ ~ <= ,. 2m'" zm~ C",lf-:t> (") Of;;ril=:O ~;!::]J ~~ ~]JCJlz~ ~~~cg~ ch;~~o ~~~~~ m~::tICJl> ~~~~~ ,,~~ ~{ ~ "i 0 -< - > ill i~ " w ~ ~ o w S ~ ~ Attachment number 4 Page 1 of 4 CDB Meeting Date: Case # Ordinance #: Agenda Item: February 19,2008 CP A2007 -06004 7917-08 E-2 CITY OF CLEARWATER PLANNING DEPARTMENT STAFF REPORT COMPREHENSIVE PLAN AMENDMENTS REQUEST: Cleanvater Comprehensive Plan Text Amendments to the Coastal Management Element INITIATED BY: City of Clearwater Planning Department BACKGROUND INFORMATION: HB1359 (Chapter 2006 -68, Laws of Florida) made a number of changes to Chapter 163, Florida Statutes and to 9J-5.012 F.A.C. regarding the required Coastal Management Element of the Comprehensive Plan. The law requires a change in the definition of Coastal High Hazard Area as well as adoption of a Level of Service (LOS) for evacuation clearance times for a Category 5 storm event. These changes must be adopted by July 1, 2008. In addition to these requirements, the Planning Department is also recommending the adoption of a "Coastal Storm Area"(CSA). This recommendation is based upon obj ectives and policies developed in consultation with the Citizen's Advisory Committee, Tampa Bay Regional Planning Commission, Pinellas County and Pinellas Planning Council. The Planning Department is also recommending language recommended by Emergency Management regarding siting of hospitals, nursing homes and assisted living facilities. The proposed amendments were presented to the Citizen's Advisory Committee (CAC) on February 6,2008. CAC meeting notes are attached. ANALYSIS: A total of five amendments are proposed to the text of the Clearwater Comprehensive Plan in Ordinance No. 7917-08. This text amendment is considered a large scale plan amendment and requires review and approval by the Florida Department of Community Affairs. Please find a summary of each amendment below. 1. Amendment 1 - Amend Obiective 22.2 of Goal 22 (see page 1 of Exhibit A): This amendment ensures compliance with HB 1359 by amending the definition of C:\Program Files\Neevia.Com\Document Converter\temp\PDFConvert.553 1. 1. Staff ReportForCDBCP A2007 -06004.doc Page - 1 Item # 11 Attachment number 4 Page 2 of 4 Coastal High Hazard Area to "the Sea,Lake and Overland Surges from Hurricanes (SLOSH) model to be inundated from a category one hurricane, as reflected in the most recent Regional Evacuation Study, Storm Tide Atlas." In addition, the Planning Department is also recommending the adoption of a "Coastal Storm Area"(CSA). This recommendation is based upon consultation with Tampa Bay Regional Planning Commission (TBRPC), Pinellas Planning Council (PPC) and Pinellas County Planning Department. Due to the unique circumstances existing in the coastal areas of Pinellas County, the term "Coastal Storm Area" is important because it makes evacuation from the Coastal High Hazard Area possible. The Coastal Storm Area includes, in addition to the CHHA, those areas that are not in the CHHA, but can only be reached or evacuated by going through a CHHA, as well as areas where high concentrations of development and population are not appropriate due to safety concerns. The Coastal Storm Area is a larger area than the CHHA, but to be concurrent with the County Comprehensive Plan, consistent with the Countywide Rules and for safety concerns the "Coastal Storm Area" terminology is recommended. 2. Amendment 2 - Add new Policy 22.2.1 of Goal 22 (see page 1 of Exhibit A): This addition provides guidance as to how land development would be handled on parcels of land that are split by the coastal storm area boundary. This policy is comparable to the approach taken by Pinellas County Emergency Management in identifying hurricane evacuation levels and is concurrent with language found in the Pinellas County Comprehensive Plan. It also takes into consideration the unique bluff area. Along the bluffs there are a number of parcels, that although more than 20% of a parcel may be in the coastal storm area, the property quickly rises so that the remainder of the parcel is not impacted by storm surge from any hurricane regardless of its magnitude. While only a few parcels are affected, it makes sense to not include the portion of a parcel on the top of the bluff in the coastal storm area if it would not be inundated by storm surge under any storm scenario. 3. Amendment 3 - Amend Policy 22.2.1 and remove Policy 22.2.2 (see page 2 of Exhibit A): This amendment renumbers former 22.2.1 to 22.2.2 due to the addition of a new policy 22.2.1 above. It also changes FEMA to the correct acronym. Former 22.2.2 is deleted because it is no longer necessary because of the new definition included in Objective 22.2 above. 4. Amendment 4 - Add Policy 22.2.6 (see page 2 of Exhibit A): This amendment prohibits the location of new, or expansion of existing hospitals, nursing homes, and assisted living facilities within the coastal storm area and the area inundated by a category 3 hurricane as depicted by the S'LOSH model, as reflected in the most recent Regional Evacuation Study, Storm Tide Atlas The policy direction of this amendment is consistent with the evacuation and emergency management C:\Program Files\Neevia.Com\Document Converter\temp\PDFConvert.553 1. 1. Staff ReportForCDBCP A2007 -06004.doc Page - 2 Item # 11 Attachment number 4 Page 3 of 4 planning direction of Pinellas County, is concurrent with language in the County Comprehensive Plan, and is recommended by Clearwater Emergency Management Director, Robert Dube. 5. Amendment 5 - Add Policies 24.3.8 and 24.3.9 (see page 3 of Exhibit A): Policy 24.3.8 states that the City shall cooperate with Pinellas County Emergency Management toward reducing the out-of-county hurricane evacuation clearance time of 55 hours, recognizes the best available data regarding evacuation clearance times, and notes that evacuation times as provided in the Regional Study findings are not an acceptable level of service. Policy 24.3.9 adopts a Level of Service (LOS) for evacuation in order to implement HB 1359. It is felt by emergency management staff that 36 hours represents a point at which a confident warning could be issued by the National Hurricane Center and a reasonable public response could be expected. It is not anticipated that any evacuation orders would be issued earlier than 36 hours due to the uncertainty of predicting accurate tracks of hurricanes at timeframes exceeding 36 hours. This policy recognizes the City and County commitment to improving the standard of service. This LOS standard has been recommended by emergency management officials at the Tampa Bay Regional Planning Council, Pinellas County, and the City of Clearwater. It is critical that an LOS be established because HB 1359 has a "default" clause that stipulates clearance time of 12 hours unless another LOS is adopted. A 12 hour LOS is impossible in Pinellas County, so emergency management officials have recommended 36 hours. STANDARDS FOR REVIEW Pursuant to Community Development Code Section 4-603(F) no amendment to the Comprehensive Plan shall be approved unless it complies with the following standards: 1. The amendment will further implementation of the Comprehensive Plan consistent with the goals, policies and obiectives contained in the plan. The proposed amendments to the Coastal Management Element of the Clearwater Comprehensive Plan further refine the City's existing policies and obj ectives. The proposed amendments are consistent with the existing goals, policies and objectives contained in the plan and actually expand the city's long range planning policies related to the maintenance and preservation of coastal areas in the City in general. 2. The amendment is not inconsistent with other provisions of the Comprehensive Plan. The proposed amendments are consistent with the provisions of the Comprehensive Plan and expand the City's ability to maintain and protect coastal areas. C:\Program Files\Neevia.Com\Document Converter\temp\PDFConvert.553 1. 1. Staff ReportForCDBCP A2007 -06004.doc Page - 3 Item # 11 Attachment number 4 Page 4 of 4 3. The available uses, if applicable, to which the property may be put are appropriate to the property in questions and compatible with existing and planned uses in the area. The proposed amendments are text amendments that are not directly related to a specific property. 4. Sufficient public facilities are available to serve the property. The proposed amendments are text amendments that are not directly related to a specific property. 5. The amendment will not adversely affect the natural environment. The proposed amendments seek to preserve, maintain and enhance the natural environment by providing good coastal management policies. 6. The amendment will not adversely impact the use of property in the immediate area. The proposed amendments are text amendments that are not directly related to a specific property. SUMMARY AND RECOMMENDATION: The proposed amendments to the Clearwater Comprehensive Plan make the plan compliant with state statutes. These amendments also consider safety issues and make Clearwater Emergency Management policies more consistent with the direction taken by Pinellas County Emergency Management. The Planning Department Staff recommends APPROVAL of Ordinance No. 7917-08 that amends the Clearwater Comprehensive Plan. Catherine W. Porter, AICP Long Range Planning Manager ATTACHMENTS: Ordinance No. 7917-08 Exhibit A to Ordinance No. 7917-08 CAC Meeting Notes C:\Program Files\Neevia.Com\Document Converter\temp\PDFConvert.553 1. 1. Staff ReportForCDBCP A2007 -06004.doc Page - 4 Item # 11 Meeting Date: 3/17/2008 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Approve the Petition for Future Land Use Plan Amendment from County Residential Urban (RU) to City Residential/Office General (R/OG) and Zoning Atlas Amendment from the County R-3, Single-Family Residential District, to the City Office (0) District for 2723 S.R. 580 (Lot 5 Block 1 Acker's Subdivision in Section 28, Township 28 South, Range 16 East); By Ordinance 7941-08, Resind Ordinances 7405-05 and 7406-05 and Pass Ordinances 7922-08 and 7923-08 on first reading. (LUZ2004-l1007) SUMMARY: The subject property is located at 2723 S.R. 580, on the south side of S.R. 580 approximately 1,300 feet west of McMullen Booth Road. On May 5, 2005 the City Council approved on second reading the annexation (ANX2004-110l9) of this property, as well as a land use plan amendment from the Residential Urban category to the Residential/Office General category and rezoning from the property's County designation to the City's Office District (LUZ2004-11007). The applicant has since constructed a two-story office building, 2,428 square feet in area. Due to a staff change, the Planning Department audited some files in 2007 and discovered that this case had not been forwarded to the Department of Community Affairs (DCA). This case was processed as an adopted small-scale amendment and forwarded to DCA consistent with past practices. Upon review, DCA indicated that the land use plan amendment should have been a large-scale amendment because the ResidentiallOffice General land use category allows residential density exceeding 10 units per acre. Clearwater, as well as all Pinellas County communities, has historically processed land use plan amendments involving a mixed-use land use classification as small-scale because the categories are not exclusively residential classifications. The DCA has indicated that any land use category allowing residential density exceeding 10 units per acre is considered a large-scale amendment and must be processed accordingly. City legal staff has advised the Planning Department that the ordinances concerning the future land use and rezoning must be rescinded and replaced by new ordinances. For this reason this case is being returned to the City Council for consideration. The annexation ordinance will remain as adopted. The Planning Department has determined that the proposed land use plan amendment and rezoning applications are consistent with the following standards specified in the Community Development Code: . The proposed future land use plan amendment and rezoning application are consistent with the Comprehensive Plan. . The proposed use is compatible with the surrounding area. . Sufficient public facilities are available to serve the property. . The applications will not have an adverse impact on the natural environment. Please refer to the land use plan and rezoning (LUZ2004-l1007) report for the complete staff analysis. Review Approval: 1) Legal 2) Clerk 3) Assistant City Manager 4) Clerk 5) City Manager 6) Clerk Cover Memo Item # 12 Attachment number 1 Page 1 of 6 o ~ $EDSTATE:DCIR,,~N i .::: ..Q I-.!ll Cb ~-I'I o ~ ~ 0 Eagle Estates Cir S (1"\ A ~ o PROJECT SITE Location Map Owner Mr. Richard T. Heiden Case: LUZ2004-11007 Site: 2723 S.R. 580 Property 0.164 Size (Acres): Land Use Zoning PIN: 28-28-16-00036-001-0050 From RU (County) R-3 (County) To: R/OG (City) o (City) Atlas Page: 212A Item # 12 Attachment number 1 Page 2 of 6 Aerial Photograph Owner Mr. Richard T. Heiden Case: LUZ2004-11007 Site: 2723 S.R. 580 Property 0.164 Size (Acres): Land Use Zoning PIN: 28-28-16-00036-001-0050 From: RU (County) R-3 (County) To: R/OG (City) o (City) Atlas Page: 212A Item # 12 Attachment number 1 Page 3 of 6 I 1 L__J flU L"_31 1 1__1 ~3'L, rl ''If l____1 I I I ' ,J U1 129.B!LJ r--1 I I L__} I--k~ I I 1 9' I __J ~ 1__1 '--I i--L_ _I I '"I 8 1 1 9~..! ---~ 1__1 _!l--- a '" i'l I I 1_, L_ I 26i'5-9... " 1--1 I I -113 I -I 1 ~666 1-32-1 ) ~I L J 1 2679 1 L1 33i L__r 1 2673l_ ~--, 34 I I r" I I 2667 :-. -~-L-l J--- -lJ------l I " I L'L___rJ1,__ _-,-1~,-__-,J I---al---~I_.lr-"\.I I ~ I L...,_~r~L_.r-.:-L_,__-J ,"-'_ _r-~, __-~, I ~ IJ LI I I <0 I 1_'-_;JL...,_.....-IL~_rJ ^ / , / , / , , v' ~, 'J -II ,JI -" '" ~ O'l --I a I-J-ijl R I L__I~ l_1ll 1 L_1[" Ii 12 1 L_...J ----- I I 1 r ~J ~ , <0' I "-I ~J ~ [__J R,.r-,-~Lr----~l I 1 r---llt~__~J1~~~LcJ ~, L,I L- _ --1 r , I I ~I ~" I""' ~'-I I I r---- , I I 1 , I I ' L I S c-; II , I I I "I IL ~-1" .....' ('\J..., I ' 2660 1--' L..__J 1-- , I L :' , I L L_ 1....l-~J--~ll..J-~:-'L1 I I I 2fj14 I l___fi-_.rJ L....._--'"-L_....._I 1--:....;....-""'--......-.- Proposed Future Land Use Map Owner Mr. Richard T. Heiden Case: LUZ2004-11007 Site: 2723 S.R. 580 Property Size (Acres): 0.164 Land Use Zoning PIN: 28-28-16-00036-001-0050 From RU (County) R-3 (County) To: R/OG (City) o (City) Atlas Page: 212A Item # 12 I 1 L__J '" I'-. r-~ ~~ I I I L"_31 1 1__1 ~3'L, ,I ''If l____1 I I I ' IJ U1 I29B!LJ I 1--;k-~1 ~ : __J ~ ~ 1__1 O'l 1--1 ~-L_ ,-I 1'1' I I I , I 8 I I 9~~ ----~ 1__1 _9--- r--w_ I I_ I I I ~ I L_J';f-J --~-, ~ \ 11 ~ , , J '.g.lliW'-- L-L_ 1---1 -II 26 '"" rJ1 ~ _J -l1 1--' 1--1. 27 Lf.'2 I 28 ~ ~ I _--I;") -L!' I_J ~686 1-32-1 ) -I L J 1 2679 1 L1 33i L__r 1 2673l_ L, 34 I I ,J I I 2667 0f-~ ~ -,_J '" ,-_ ~ r~ r--I a I III -- '1 I L___~ 1-- I I I I'" l_w 1 ,_J.f" II 12 1 L_...J ----- 1--1 I I -113 I -I 1 Owner Mr. Richard T. Heiden Site: 2723 S.R. 580 Land Use From RU (County) To: R/OG (City) Attachment number 1 Page 4 of 6 r--1 I I L__} a '" 1'l I---a-l---~Irr--""I I ~ I L...,_;J~L_.r-':-L-,___J :-. -~-L-L J--- -lJ------l I " I LL___rJI____~-'>--~rJ MHD R 1 , ~J ~ , <n\ I "I ~J ~ [__J ,0-__ _r-'_ __-__ I ~ IJ LI I I <n I 1_,-_;JL...,_-,-IL~_rJ ^ / , / , / , , V'- ~'- '-J r---- , I I 1 , I I 1 , I S c-; II 1 I I I "I IL ~-I .....1 C\JL, I 1 2660 1--' L__J 1-- , , , :' , \ L L_ l....l-~J--~Il...l-~:-'LI I I I 20:74 I l___fi-_.rJ L....._J-L_~_I 1.r--r-'-lJ-----~l I I I r---llt~__~J~_rJ ~, '11 L- _ ---1 r , I I LI ~" I""' ~I I I 1--.......:....-........,....._.- Zoning Map Case: LUZ2004-11007 Property Size (Acres): 0.164 Zoning PIN: 28-28-16-00036-001-0050 R-3 (County) o (City) Atlas Page: 212A Item # 12 Attachment number 1 Page 5 of 6 I 1 L__J '" I'-. r-~ ~~ I I I L"_31 1 1__1 ~3'L, ,I ''If l____1 I I I ' IJ U1 I29B!LJ r--1 I I L__} I 1--;k-~1 ~ : __J ~ ~ 1__1 O'l School 1--1 ~-L_ ,-I 1'1' I I I , I 8 I I 9~~ ----~ 1__1 L-L_ <:II - "_ 10 eJ) I --_= / 115 I ~ I L_J';f-J --~-, ~ \ 11 - , , J '.g.lliW'-- _9--- a '" 1'l 3106 1---1 -II 26 '"" rJ1 ~ _J -l1 1--' 1--1. 27 Lf.'2 I 28 ~ ~ I _--I;") -L!' I_J 0f-~ ~ -,_J I ~686 1-32-1 "' -I L J 1 2679 1 L1 33i L__r 1 2673l_ L, 34 I I ,J I I 2667 :-. -~-L-L J--- -lJ------l I " I L'L___rJ1,__ _-,-1~,-___rJ I---a-l---~Irr--....I I ~ I L...,_;J~L_.r-.:-L_,__-J ,0-__ _r-'_ __-__ I ~ IJ LI I I <0 I 1_,-_;JL...,_-,-IL~_rJ ^ / , / , / , , v' ~, 'J I I 1 , ~J ~ , <0' I "-I ~J ~ [__J MiiIfi.l.J------, I I I r---l rtamnY'~__J ~, '11 ~sklentiRl r , I I LI ~" I""' ~I I I r---- , I I 1 , I I 1 , I S c-; II , I I I "I IL ~-I .....1 C\JL, I ' 2660 1--' L__J 1-- , , , :' , \ L L_ 1--1 I I -113 I -I 1 l....l-~J--~Il...l-~:-'LI I I I 20:74 I l___fi-_.rJ L....._J-L_~_I 1--.......:....-........,....._.- Existing Surrounding Uses Map Owner Mr. Richard T. Heiden Case: LUZ2004-11007 Site: 2723 S.R. 580 Property Size (Acres): 0.164 Land Use Zoning PIN: 28-28-16-00036-001-0050 From RU (County) R-3 (County) To: R/OG (City) o (City) Atlas Page: 212A Item # 12 View looking southeast from S.R. 580 View looking southwest from S.R. 580 View looking at property adjacent to the west View looking south from S.R. 580 View looking at property adjacent to the east View looking east from neighborhood to the south of the site L UZ2004-11 007 2723 S.R. 580 Item #' Attachment number 2 Page 1 of 7 CDB Date: Case Number: Agenda Item: March 15,2005 LUZ2004-11007 D-2 Updated for City Council Meeting on March 20,2008. Update. Both the annexation and land use/rezoning cases ANX2004-11019 and LUZ2004-11007 were passed on second reading by City Council on May 5, 2005. While auditing files within the Planning Department in 2007, Planning staff determined that a change in department personnel had resulted in a delay of submission of this case to the State of Florida Department of Community Affairs (DCA). The land use case was then submitted as an adopted small-scale development amendment to DCA. The City was subsequently informed by DCA that the submittal did not qualify as a small-scale amendment due to a change in the procedures used by DCA in processing land use amendments, and that the case must be resubmitted as a large scale amendment under the new policy. City legal staff has advised the Planning Department that the ordinances concerning the future land use and rezoning must be rescinded and replaced by new ordinances. For this reason this case is being returned to the City Council for consideration. The annexation ordinance will remain as adopted. The subject property is located at 2723 S.R. 580, on the south side of S.R. 580 approximately 1)00 feet west of McMullen Booth Road. The future land use plan amendment and rezoning are requested by the applicant who, upon approval of the annexation and land use cases, constructed a two-story office building 2,428 square feet in area on this 0.16 acre vacant lot. CITY OF CLEARWATER PLANNING DEPARTMENT STAFF REPORT GENERAL INFORMATION: OWNER! APPLICANT: Richard T. Heiden LOCATION: 2723 S.R. 580 REQUEST: (a) Land Use Plan amendment from the Residential Urban (RU) Classification (County) to Residential/Office General (R/OG) Classification (City) (pending ANX2004-11019); and (b) Rezoning from the R-3, Single Family Residential District (County) to the Office (0) District (City of Clearwater) (pending ANX2004-11019). SITE INFORMATION Staff Report - Community Development Board - March 15, 2005 - Case LUZ2004-ll007 ~ml# 12 Attachment number 2 Page 2 of 7 PROPERTY SIZE: 7, 152 square feet or 0.164 acres DIMENSIONS OF SITE: 60 feet wide by 119 feet deep PROPERTY USE: Current Use: Proposed Use: Offi ce Offi ce PLAN CATEGORY: Current Category: Proposed Category: Residential Urban (RU) (County) Residential/Office General (R/OG) (City) ZONING DISTRICT: Current District: Proposed District: R-3, Single-Family Residential (County) Office (0) (City) EXISTING SURROUNDING USES: North: School South: Single-family residential East: Offi ce West: Office ANALYSIS: This Future Land Use Plan (FLUP) amendment and rezoning application involves one parcel of land, approximately 0.164-acre property located on the south side of S.R. 580 approximately 1,300 feet west of McMullen Booth Road. This property was also the subject of a companion application to annex the property into the City of Clearwater (Case# ANX2004-11019). The site is currently vacant and has a FLUP designation of Residential Urban (RU) and a zoning classification of R-3, Single Family Residential (County). In 2004, the applicant requested to amend the FLUP designation of the site to the Residential/Office General (R/OG) classification and to rezone it to the Office (0) District (City). The annexation and land use cases were approved and the site was permitted for the construction of the office building. The analysis for the land use case is restated here. In accordance with the Countywide Plan Rules, the land use plan amendment is subj ect to approval by the Pinellas Planning Council and Board of County Commissioners acting as the Countywide Planning Authority. Based on the size of the property and the proposed FLUP map category, review and approval by the Florida Department of Community Affairs is required. I. CONSISTENCY WITH CITY'S COMPREHENSIVE PLAN [Section 4-603.F.l] Applicable Goals, Objectives and Policies from the Clearwater Comprehensive Plan in support of the proposed land use plan amendment are as indicated below: Staff Report - Community Development Board - February 15, 2005 - Case LUZ2004-l1007 Itemg#212 Attachment number 2 Page 3 of 7 2.1 Objective -The City of Clearwater shall continue to support innovative planned development and mixed land use development techniques in order to promote infill development that is consistent and compatible with the surrounding environment. 2.2.1 Policy - On a continuing basis, the Community Development Code and the site plan approval process shall be utilized in promoting infill development and/or planned developments that are compatible. 3.0 Goal - A sufficient variety and amount of future land use categories shall be provided to accommodate public demand and promote infill development. 5.1.1 Policy - No new development or redevelopment will be permitted which causes the level of City services (traffic circulation, recreation and open space, water, sewage treatment, garbage collection, and drainage) to fall below minimum acceptable levels. However, development orders may be phased or otherwise modified consistent with provisions of the concurrency management system to allow services to be upgraded concurrently with the impacts of development. The proposed plan amendment is not in conflict with any Clearwater Comprehensive Plan Goals, Objectives or Policies, and is consistent with the Clearwater Comprehensive Plan. II. CONSISTENCY WITH COUNTYWIDE PLAN The purpose of the proposed Residential/Office General (R/OG) category, as specified in Section 2.3.3.4.2 of the Countywide Rules, is to designate areas in the County that are now used, or appropriate to be used for office and/or medium density residential uses and to recognize such areas as primarily well-suited for mixed use of an office/residential character consistent with the surrounding uses, transportation facilities and natural resource characteristics of such areas. The Residential/Office General (R/OG) category is generally appropriate to locations where it would serve as a transition from an urban activity center or more intensive non-residential use to low density residential or public/semi-public use; and in areas where the size and scale of office and residential use is appropriate to free standing office, medium density residential or a combination thereof. These areas are typically in close proximity to and served by the arterial and major thoroughfare highway network, as well as by mass transit. The proposed use of the property for an office development is consistent with the purposes of the Residential/Office General (R/OG) category. The site is located along a major arterial, S.R. 580 and is in close proximity to McMullen Booth Road, another major arterial. The property is adjacent to other office uses and is immediately north of residential property. The proposed designation will provide an appropriate transition between this arterial and the abutting residential area to the south and east. The proposed plan amendment is consistent with the purpose and locational characteristics of the Countywide Plan. Staff Report - Community Development Board - February 15, 2005 - Case LUZ2004-l1007 Itemg#312 Attachment number 2 Page 4 of 7 III. COMPATIBILITY WITH SURROUNDING PROPERTY/CHARACTER OF THE CITY & NEIGHBORHOOD [Section 4-602.F.2 & 4-603.F.3] Primarily commercial and office uses characterize S.R. 580 between McMullen Booth Road and Allen Avenue. Residential uses exist further to the west along S.R. 580. The Countryside High School is located on the north side of S.R. 580 across from the subject site. Residential/Office General (R/OG) future land use is located to the east and west of the site, while Residential Urban (RU) future land use is located to the south of the site. Residential/Office General (R/OG) dominates the land use to the east of the property along McMullen Booth Road while Residential Urban (RU) land use is located farther to the west and south. The existing surrounding uses include single-family dwellings to the south and offices to the east and west. Office buildings are located farther to the south and east of the site. The proposed FLUP designation and rezoning is in character with the overall FLUP designation along this block and is compatible with surrounding uses. IV. SUFFICIENCY OF PUBLIC FACILITIES As stated earlier, the subject site is approximately 0.164 acres in area and is presently vacant. Based on a maximum permitted density of 7.5 units per acre in the Residential Urban (RU) category, one dwelling unit could be constructed on this site. The allowable development potential in the Residential/Office General (R/OG) category is 15 units per acre, which would allow two dwelling units to be constructed on this site although the Office (0) zoning district does not allow for the construction of residential uses. Roadways The accepted methodology for reviewing the transportation impacts of proposed plan amendments is based on the Pinellas Planning Council's (PPC) traffic generation guidelines. The PPC's traffic generation rates have been calculated for the subject site based on the existing and proposed FLUP categories and are included in the next table. Maximum Dail Added Potential Tri s Maximum PM Peak Hour Added Potential Trips3 Volume of S.R. 580 from McMullen Booth Road to Landmark Drive LOS of S.R. 580 from McMullen Booth Road to Landmark Drive N/ A ~ Not Applicable LOS ~ Level-of-Service 1 = Based on PPC calculations of 70 trips per acre per day for the Residential Urban Future Land Use Category. 2 = Based on PPC calculations of 170 trips per acre per day for the Residential/Office General Future Land Use Category. 3 = Based on MPO K-factor of 0.095 Source: "The Rules" of the Countywide Future Land Use Plan 33,721 33,732 33,748 16 C C C C Staff Report - Community Development Board - February 15, 2005 - Case LUZ2004-l1007 Itemg#412 Attachment number 2 Page 5 of 7 Based on the 2003 Pinellas County Metropolitan Planning Organization (MPO) Level of Service Report, the segment of S.R. 580 from McMullen Booth Road and Landmark Drive has a LOS of C. The proposed Future Land Use Plan category could generate an increase in PM Peak Hour traffic on this segment of S.R. 580 by two trips. This increase is de minimus and the LOS of the surrounding road network will not be negatively impacted. Specific uses in the current and proposed zoning districts have also been analyzed for the level of vehicle trips that could be generated based on the Institute of Transportation Engineer's Manual. Existing Zoning/Future Land Use Plan Single-family residential (9.57 trips/dwelling unit) 1 10 N/A 1 N/A dwelling unit Proposed Zoning/Future Land Use Plan Medical Office Building (36.13 trips/1,000 square teet) 3,484 126 116 5 4 square feet General Office Building (11.01 trips/1,000 square feet) 3,484 38 29 15 14 square feet The transportation impacts associated with this land use plan amendment are minimal and will not degrade the LOS of S.R. 580. It is anticipated that the small number of increased trips will have no impact on the operational efficiency of the signalized intersections within this segment of S.R. 580. Mass Transit The Citywide LOS for mass transit will not be affected by the proposed plan amendment. The total miles of fixed route service will not change; the subject site is located along an existing transit route and headways are less than or equal to one hour. Pinellas Suncoast Transit Authority (PSTA) bus service is available along S.R. 580. Water The current FLUP category could use up to 250 gallons per day. Under the proposed FLUP category, water demand could approach approximately 348 gallons per day. The proposed land use will not negatively affect the City's current LOS for water. Staff Report - Community Development Board - February 15, 2005 - Case LUZ2004-l1007 Itemg#512 Attachment number 2 Page 6 of 7 Wastewater The current FLUP category could produce up to 200 gallons per day. Under the proposed FLUP category, sewer demand could approach approximately 279 gallons per day. The proposed land use will not negatively affect the City's current LOS for wastewater. Solid Waste The current Residential Low FLUP category would result in the production of 2.53 tons of solid waste per year. Under the proposed FLUP category an office could generate 9.4 tons of solid waste per year. The proposed land use will not negatively affect the City's current LOS for solid waste disposal. Recreation and Open Space The proposed FLUP amendment and rezoning will not impact the LOS of recreational acreage or facilities due to the non-residential land use classification. V. IMPACT ON NATURAL ENVIRONMENT [Section 4-603.F.5.] Prior to development of the subject property, site plan approval will be required. At that time, the stormwater management system will be required to meet all City and Southwest Florida Water Management District (SWFWMD) stormwater management criteria. Water quantity and quality will be controlled in compliance with the Clearwater Comprehensive Plan. As there are no wetlands on the subject site that could be impacted by future development, the natural environment will not be affected. VI. LOCATION OF DISTRICT BOUNDARIES [Section 4-602 .F.6.] The district boundaries are appropriately drawn in regard to location and classifications of streets and ownership lines. The location of the proposed Office (0) District boundaries are logical and consolidates this site into the appropriate zoning district. It will blend into the existing Office (0) District to the east and west. VII. CONSISTENCY OF DEVELOPMENT WITH COMMUNITY DEVELOPMENT CODE AND CITY REGULATIONS [Sections 2-1001.1. & 4-602.F.1. and .2.] The existing land use plan category and zoning district permits a density of7.5 dwelling units per acre and an impervious surface ratio (ISR) of 0.40. The proposed Residential/Office General (R/OG) land use category and Office (0) District is more intensive and permits a density of 15 dwelling units per acre, Floor Area Ratio (FAR) of 0.50 and an ISR of 0.75. The size of the subject site is 7,152 square feet in area. It does not meet the minimum lot area requirement of 10,000 square feet and minimum lot width requirement of 100 feet for an office in the Office (0) District. A companion Level Two Flexible Development application (case FLD2004-11 082 and agenda item D-1) fully addresses these issues. The proposed use of this property is consistent with the uses allowed in the Office (0) zoning district. Staff Report - Community Development Board - February 15, 2005 - Case LUZ2004-l1007 Itemg#612 Attachment number 2 Page 7 of 7 Approval of this land use plan amendment and zoning district designation does not guarantee the right to develop on the subject property. Transportation concurrency must be met, and the property owner will have to comply with all laws and ordinances in effect at the time development permits are requested. SUMMARY AND RECOMMENDATIONS An amendment of the FLUP from the Residential Urban (RU) category to the Residential/Office General (R/OG) category and a rezoning from the R-3, Single Family Residential District to the Office (0) District for the subject site is requested. This O.164-acre site does not exceed the minimum lot area and lot width requirements for the proposed use of the property as an office however, a companion Level Two Flexible Development application (see case FLD2004-11082 and agenda item D-I) fully addresses these issues. The neighborhood is surrounded by offices to the east and west and farther to the east and south, a school to the north and single-family residential dwellings to the south. The proposed future land use plan amendment and rezoning is compatible with the existing neighborhood. The proposed Residential/Office General (R/OG) Future Land Use classification and Office (0) zoning district is consistent with both the City and the Countywide Comprehensive Plans, is compatible with the surrounding area, does not require nor affect the provision of public services, is compatible with the natural environment and is consistent with the development regulations of the City. Based on the above analysis, the Planning Department recommends the following actions on the request: ACTIONS: 1. Recommend APPROVAL of the Land Use Plan amendment to the Residential/Office General (R/OG) Classification (City); and 2. Recommend APPROVAL of the Rezoning to the Office (0) District (City). Prepared by Planning Department staff: Michael H. Reynolds, AICP Attachments: Application Location Map Aerial Photograph of Site and Vicinity Land Use Plan Map Zoning Map Existing Surrounding Uses Site Photographs S: \Planning DepartmentlC D EILand Use AmendmentslLUZ 2004ILUZ2004-11 0072723 SR. 580 Heiden OjficeILUZ2004-11 007 Stajf Report. doc Staff Report - Community Development Board - February 15, 2005 - Case LUZ2004-l1007 Itemg#712 Attachment number 3 Page 1 of 2 ORDINANCE NO. 7941-08 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, RESCINDING ORDINANCES NOS. 7405-05 AND 7406-05; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Clearwater previously adopted Ordinance Nos. 7405-05 and 7406-05, effective May 5, 2005, which designated a Comprehensive Plan land use category of Residential/Office General and a Zoning District of Office upon annexation of certain property located at 2723 State Road 580; and WHEREAS, the City received correspondence dated May 9, 2007 from the Florida Department of Community Affairs indicating that the comprehensive plan amendment package failed to qualify as a small-scale amendment and that the amendment was ineffective, and requiring that the amendment be rescinded, readopted and resubmitted with the next proposed large-scale amendment cycle, the next feasible such cycle being in March 2008; and WHEREAS, it is thus necessary to rescind the comprehensive plan amendment/designation and its accompanying zoning designation in order that they be readopted by means of the proposed Ordinances Nos. 7922-08 and 7923-08; now therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. Ordinance Nos. 7405-05 and 7406-05 are hereby rescinded, and shall be of no further force and effect. Section 2. This ordinance shall take effect immediately upon 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 Ordinance No. I~ #1812 Attachment number 3 Page 2 of 2 2 Ordinance No. ~-#812 Attachment number 4 Page 1 of 1 ORDINANCE NO. 7922-08 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 ON THE SOUTH SIDE OF S.R. 580 APPROXIMATELY 1,300 FEET WEST OF MCMULLEN BOOTH ROAD, CONSISTING OF LOT 5, BLOCK 1, ACKER'S SUBDIVISION, LESS THAT PORTION TAKEN FOR ADDITIONAL RIGHT-OF-WAY, WHOSE POST OFFICE ADDRESS IS 2723 S.R. 580, AS RESIDENTIAUOFFICE GENERAL; 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, FLORI DA: 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 5, Block 1, Acker's Subdivision, (less that portion taken for additional right-of-way, recorded in O.R. 7967, Page 165) as recorded in Plat Book 30, Page 91, Public Records of Pinellas County, Florida. (LUZ2004-11007) Land Use CateQorv Residential/Office General 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. 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 # 12 Ordinance No. 7922-08 Attachment number 5 Page 1 of 1 ORDINANCE NO. 7923-08 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY ZONING CERTAIN REAL PROPERTY LOCATED ON THE SOUTH SIDE OF S.R. 580 APPROXIMATELY 1,300 FEET WEST OF MCMULLEN BOOTH ROAD, CONSISTING OF LOT 5, BLOCK 1, ACKER'S SUBDIVISION, LESS THAT PORTION TAKEN FOR ADDITIONAL RIGHT-OF-WAY, WHOSE POST OFFICE ADDRESS IS 2723 S.R. 580, AS OFFICE (0); 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, FLORI DA: 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 5, Block 1, Acker's Subdivision, (less that portion taken for additional right-of-way, recorded in O.R. 7967, Page 165) as recorded in Plat Book 30, Page 91, Public Records of Pinellas County, Florida. (LUZ2004-11007) ZoninQ District Office (0) 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. 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 # 12 Ordinance No. 7923-08 Meeting Date: 3/17/2008 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Approve a Future Land Use Plan Amendment from the Residential Urban (RU) and Institutional (I) Classifications to the Residential Medium (RM) Classification and a Zoning Atlas Amendment from the Institutional (I) District to the Medium Density Residential (MDR) District for property located at 802, 826, and 830 Woodlawn Street and an unaddressed parcel designated as 22/29/15/00000/32010200 (consisting of a portion of property located in metes and bounds 32/02, 32/03 and 32/07, in Section 22, Township 29 South, Range 15 East); and Pass Ordinances 7854-07 and 7855-07 on first reading. (LUZ2006-08006) SUMMARY: This Future Land Use Plan (FLUP) amendment and rezoning application involve property comprising approximately 8.10 acres in area located northeast of the CSX Railroad Right -of-Way and Woodlawn Street. This property has FL UP classifications of Residential Urban (RU) and Institutional (I) and zoning designations of Medium Density Residential (MDR) and Institutional (I). The applicant is requesting to amend the FLUP designations of the site to the Residential Medium (RM) classification and to rezone the property to the Medium Density Residential (MDR) District in order to re-establish the use of the property for multi-family residential purposes. There is an existing single family dwelling and eight attached residential dwelling units on the site. In 2001, the applicant was seeking to redevelop the site for institutional use. To accommodate that use, this property went through a land use plan amendment from the Residential Medium FLUP classification to the Institutional FLUP classification and a rezoning from the Medium Density Residential to the Institutional Zoning District (Case LUZ 01-08-06). Today, for the property as described above, the applicant is proposing workforce housing, with 112 attached residential units. To accommodate the residential use, a portion of the prior site is now proposed to be Residential Medium FLUP classification and Medium Density Residential Zoning District. The Planning Department determined that the proposed future land use plan amendment and rezoning amendment, as recommended, are consistent with the following standards specified in the Community Development Code: The proposed land use plan amendment and rezoning application are consistent with the Comprehensive Plan. The proposed use is compatible with the surrounding area. Sufficient public facilities are available to serve the property. The applications will not have an adverse impact on the natural environment. Please refer to the land use plan amendment and rezoning (LUZ2006-08006) staff report for the complete analysis. In accordance with the Countywide Plan Rules, the land use plan amendment is subject to the approval of the Pinellas Planning Council and the Board of County Commissioners acting as the Countywide Planning Authority. The application is a large-scale amendment and review and approval by the Florida Department of Community Affairs is required. The Community Development Board reviewed these applications at its public hearing on September 18,2007 and unanimously recommended approval of the Future Land Use Plan amendment. Review Approval: 1) Legal 2) Clerk 3) Assistant City Manager 4) Clerk 5) City Manager 6) Clerk Cover Memo Item # 13 CDB Meeting Date: Case Number: Owner/ Appli cant: Address: Agenda Item: Attachment number 1 Page 1 of 8 September 18, 2007 LUZ2006-08006 Woodlawn Church of God Board of Trustees 802, 826, 830 Woodlawn Street & unaddressed parcel designated as 22/29/15/00000/320/0200 Fl CITY OF CLEARWATER PLANNING DEPARTMENT STAFF REPORT BACKGROUND INFORMATION REQUEST: SITE INFORMATION PROPERTY SIZE: PROPERTY USE: Current Use: Proposed Use: (a) Future Land Use Plan amendment from the Residential Urban (RU) Classification to the Residential Medium (RM) Classification (802 Woodlawn Street), and from the Institutional (I) Classification to the Residential Medium (RM) Classification (826 and 830 Woodlawn Street and an unaddressed parcel designated as 22/29/15/00000/320/0200); and (b) Rezoning from the Institutional (I) District to the Medium Density Residential (MDR) District (826 and 830 Woodlawn Street and an unaddressed parcel designated as 22/29/15/00000/320/0200). 353,037 square feet or 8.10 acres Single-family residential and attached dwellings 112 attached dwellings PLAN CATEGORY: Current Category: Proposed Category: Residential Urban (RU) and Institutional (I) Residential Medium (RM) Staff Report - Community Development Board - September 18,2007 - Case LUZ2006-08006 Page 1 Item # 13 Attachment number 1 Page 2 of 8 ZONING DISTRICT: Current District: Proposed District: Medium Density Residential (MDR) and Institutional (I) Medium Density Residential (MDR) EXISTING SURROUNDING USES: North: Recreational park South: Single family residential East: Single family residential and multi-family residential West: Single family residential ANALYSIS: This Future Land Use Plan (FLUP) amendment and rezoning application involves property comprising approximately 8.10 acres in area located northeast of the CSX Railroad Right-of-Way and Woodlawn Street. This property has a FLUP classifications of Residential Urban (RU) and Institutional (I) and zoning designations of Medium Density Residential (MDR) and Institutional (I). The applicant is requesting to amend the FLUP designations of the site to the Residential Medium (RM) classification and to rezone the property to the Medium Density Residential (MDR) District in order to develop 112 new attached residential units. An existing single family residential structure and an eight attached residential units are proposed to be demolished in order for the new units to be constructed. Two ponds are located at the approximate center of the site. In 2001, the applicant was seeking to redevelop the site for institutional use. To accommodate that use, this property went through a land use plan amendment from the Residential Medium FLUP classification to the Institutional FLUP classification and a rezoning from the Medium Density Residential to the Institutional Zoning District (Case # LUZ 01-08-06). Today, for the property as described above, the applicant is proposing workforce housing, with 112 attached residential units. To accommodate the residential use, a portion of the prior site is now proposed to be Residential Medium FLUP classification and Medium Density Residential Zoning District. In accordance with the Countywide Plan Rules, the FLUP amendment is subject to approval by the Pinellas Planning Council and Board of County Commissioners acting as the Countywide Planning Authority. Based on the size of the parcel, review and approval by the Florida Department of Community Affairs is not required. I. CONSISTENCY WITH CITY'S COMPREHENSIVE PLAN [Section 4- 603.F.l] Recommended Findings of Fact Applicable Goals, Objectives and Policies from the Clearwater Comprehensive Plan in support of the proposed land use plan amendment are as indicated below: Staff Report - Community Development Board - September 18,2007 - Case LUZ2006-08006 Page 2 Item # 13 Attachment number 1 Page 3 of 8 3.0 Goal - A sufficient variety and amount of future land use categories shall be provided to accommodate public demand and promote infill development. 3.2.2 Policy - Residential land uses shall be appropriately located on local and minor collector streets; if appropriately buffered; they may be located on major collector and arterial streets. Residential land uses shall be sited on well-drained soils, in proximity to parks, schools, mass transit and other neighborhood-serving land uses. 16.1.1 Policy - Maintain sufficient residentially zoned acreage, of varying densities and locations, to accommodate the existing and future housing needs of the City of Clearwater. Recommended Conclusions of Law The re-establishment of a Residential Medium Future Land Use Classification at this location will be compatible with the surrounding environment and will not negatively impact levels of City services. The proposed plan amendment is not in conflict with any Clearwater Comprehensive Plan Goals, Objectives or Policies, and is consistent with the Clearwater Comprehensive Plan. II. CONSISTENCY WITH COUNTYWIDE PLAN Recommended Findings of Fact The purpose of the proposed Residential Medium (RM) category, as specified in Section 2.3.3.2.2 of the Countywide Rules, is to depict those areas of the County that are now developed, or appropriate to be developed, in moderately intensive residential manner; and to recognize such areas as primarily well-suited for residential uses that are consistent with the urban qualities, transportation facilities and natural resource characteristics of such areas. The site is located on Woodlawn Street, in close proximity to the intersections of S. Myrtle Avenue, Scranton Avenue, and Tyler Avenue. Significant vegetation frames these streets. Although the predominant surrounding land use is single family residential, both detached and attached residential dwellings occupy the north side of Woodlawn Street. The proposed use of the property, attached dwellings, is consistent with the purposes of the Residential Medium (RM) category. Recommended Conclusions of Law The proposed plan amendment is consistent with the purpose and locational characteristics of the Countywide Plan; therefore, the proposed amendment is consistent with the Countywide Plan. III. COMPATIBILITY WITH SURROUNDING PROPERTY/CHARACTER OF THE CITY & NEIGHBORHOOD [Section 4-602.F.2 & 4-603.F.3] Staff Report - Community Development Board - September 18,2007 - Case LUZ2006-08006 Page 3 Item # 13 Attachment number 1 Page 4 of 8 Recommended Findings of Fact This area of Clearwater, South Prospect Avenue, between Woodlawn Street and Howard Street, is developed with residential land use, a small church office, and a church. To the north south, east, and west are single-family detached dwellings. Multi-family residential development is located along part of Woodlawn Street, to the east. Recommended Conclusions of Law The proposed FLUP designation and rezoning are in character with the overall FLUP and zoning designations in the area. They are compatible with surrounding uses and consistent with the character of the immediate surrounding area and neighborhood. IV. SUFFICIENCY OF PUBLIC FACILITIES Recommended Findings of Fact As stated earli er, the overall subj ect site is approximately 8.10 acres in area and is occupied by both a single-family residential structure and attached units. The purpose of the proposed application is to develop new 112 attached dwelling units. Roadways The accepted methodology for reviewing the transportation impacts of proposed plan amendments is based on the Pinellas Planning Council's (PPC) traffic generation guidelines. The PPC's traffic generation rates have been calculated for the subject site based on the existing and proposed FLUP categories and are included in the next table. Maximum Dail Added Potential Tri s Maximum PM Peak Hour Added Potential Trips3 Volume of MLK Jr. Between Belleair Road and Lakeview Road LOS of Drew Street: Between Belleair Road and Lakeview Road 7,203 8,441 7,980 -491 D D D D N/ A ~ Not Applicable LOS ~ Level-of-Service 1 ~ Based on PPC calculations oftrips per acre per day for the Residential Urban and Institutional Land Use Categories. 2 ~ Based on PPC calculations oftrips per acre per day for the Residential Medium Future Land Use Category. 3 ~ Based on MPO K-factor of 0.095 Source: "The Rules" of the Countywide Future Land Use Plan Staff Report - Community Development Board - September 18,2007 - Case LUZ2006-08006 Page 4 Item # 13 Attachment number 1 Page 5 of 8 Based on the 2005 Pinellas County Metropolitan Planning Organization (MPO) Level of Service Report, the segment of Martin Luther King, Jr. (MLK Jr.) Avenue, Belleair Road to Lakeview Road has a LOS ofD. The proposed FLUP category could generate 491 less PM Peak Hour trips onto MLK Jr. Avenue than the current FLUP category. The net decrease in trips is de minimis and the LOS of the surrounding road network will not be impacted. Specific uses in the current and proposed zoning districts have also been analyzed for the level of vehicle trips that could be generated based on the Institute of Transportation Engineer's Manual. Existing Zoning (I) /Future Land Use Plan (I) npsx 1,000 sq. f1.) 195,992 1,785 N/A 275 N/A square feet Proposed Zoning (MDR) /Future Land Use Plan (RM) Res! entIa Condominium/T ownhouse 103 604 -1,181 32 -243 dwelling units The property, addressed as 802 Woodlawn Street, has an existing MDR Zoning District designation and has a Residential Urban Future Land Use classification, with a maximum density of nine units. The land use change to Residential Medium would allow for a maximum density of 18 units. The total maximum density for this project (the entire site) is 121 dwelling units. The adjusted net decrease of average daily trips for the entire site is -1,129 trips. The adjusted net decrease of PM Peak Trips is -240 trips. The property has an existing single-family residential detached dwelling and eight attached residential units which are proposed to be demolished and replaced with 112 attached workforce housing residential units. As such, the proposed plan amendment and rezoning will not result in a degradation of the existing LOS to the surrounding road network. Staff Report - Community Development Board - September 18,2007 - Case LUZ2006-08006 Page 5 Item # 13 Attachment number 1 Page 6 of 8 Mass Transit The Citywide LOS for mass transit will not be affected by the proposed plan amendment. The total miles of fixed route service will not change. The subject site is not located directly on any mass transit route. Neighboring mass transit routes are located on South Fort Harrison Avenue and on South Myrtle Avenue. Water The current FLUP category could use up to 21,850 gallons per day. Under the proposed FLUP category, water demand could approach approximately 30,250 gallons per day. The proposed land use will not negatively affect the City's current LOS for water. Wastewater The current FLUP category could produce up to 19,280 gallons per day. Under the proposed FLUP category, sewer demand could approach approximately 24,200 gallons per day. The proposed land use amendment will not negatively affect the City's current LOS for wastewater Solid Waste The current FLUP category would result in the production of 532 tons of solid waste per year. Under the proposed FLUP category, 121 residential dwellings could generate 307 tons of solid waste per year. The proposed land use and plan amendment will not negatively affect the City's current LOS for solid waste disposal. Recreation and Open Space The proposed future land use plan and zoning designations will allow for the development of up to 121 attached dwelling units. Open Space, Recreation Land and Recreation Facility impact fees will be required when the property is developed with residential uses. The amount and timing of this fee is dependent on the number of developed units and will be addressed and paid during the site plan review process. Recommended Conclusions of Law Based upon the findings of fact, it has been determined that the traffic generated by this plan amendment will not result in the degradation of the existing LOS to the surrounding road network. Further, there is no impact to water, wastewater, and solid waste service. Mass transit will not be affected by the proposed future land use plan and zoning designations. Any impact to open space and recreation facilities will be determined at time of site plan submittal. V. IMPACT ON NATURAL ENVIRONMENT [Section 4-603.F.5.] Recommended of Findings of Fact There are two ponds located on this property. This property has existing single-family residential and multi-family residential structures. The proposal, if approved, will enable the development of 121 attached dwelling units. Development upon the site will require site plan approval. At that time, the stormwater management system will be required to Staff Report - Community Development Board - September 18,2007 - Case LUZ2006-08006 Page 6 Item # 13 Attachment number 1 Page 7 of 8 meet all City and Southwest Florida Water Management District (SWFWMD) stormwater management criteria. Recommended Conclusions of Law Based on current information, there are two ponds located on the subject site. Water quantity and quality will be controlled in compliance with the Clearwater Comprehensive Plan. There is an existing single-family residential structure and multi-family units on this property. There is minimal impact to the City of Clearwater by the proposed attached dwelling land use. VI. LOCATION OF DISTRICT BOUNDARIES [Section 4-602 .F.6.] Recommended Findings of Fact The location of the proposed Medium Density Residential (MDR) District boundaries is consistent with the boundaries of the subject site, which is generally rectangular. The proposed Medium Density Residential District is compatible with the surrounding land uses. Woodlawn Street is an east west roadway largely framed by single-family residential land use. There are some attached dwellings located on the north side of Woodlawn Street. Recommended Conclusions of Law The district boundaries are appropriately drawn in regard to location and classifications of streets, ownership lines, existing improvements and the natural environment. VII. CONSISTENCY OF DEVELOPMENT WITH COMMUNITY DEVELOPMENT CODE AND CITY REGULATIONS [Sections 2-302 & 4- 602.F.1. and .2.] Recommended Findings of Fact The proposed land use is multi family residential. While the entire site consists of 8.10 acres, the portion of the site proposed for rezoning has a lot width of approximately 620 feet and a lot area of 6.92 acres (301,527 square feet). The Medium Density Residential zoning district minimum lot width requirement is 100 feet and the minimum lot area requirement is 10,000 square feet for attached dwellings. Recommended Conclusions of Law The proposed use of the subject site is consistent with the uses allowed in the Medium Density Residential zoning district and the site meets the minimum lot width and area requirements of the District. Approval of this land use plan amendment and zoning district designation does not guarantee the right to develop on the subject property. Transportation concurrency must be met, and the property owner will have to comply with all laws and ordinances in effect at the time development permits are requested. Staff Report - Community Development Board - September 18,2007 - Case LUZ2006-08006 Page 7 Item # 13 Attachment number 1 Page 8 of 8 SUMMARY AND RECOMMENDATIONS An amendment of the FLUP from the Institutional (I) and Residential Urban categories to the Residential Medium (RM) category and a rezoning from Institutional (I) District to the Medium Density Residential (MDR) District for the subject site is requested. The site consists of 8.10 acres (353,037 square feet) total and exceeds the minimum lot size requirement for multi-family residential use within the Medium Density Residential Zoning District. A predominance of single-family residential detached dwellings, some multi-family residential units, a church, and a church office characterize the neighborhood. The proposed future land use plan amendment and rezoning is compatible with the existing neighborhood. The proposed Residential Medium (RM) Future Land Use Plan classification and Medium Density Residential (MDR) zoning district are consistent with both the City and the Countywide Comprehensive Plans, is compatible with the surrounding area, does not require nor affect the provision of public services, is compatible with the natural environment and is consistent with the development regulations of the City. Based on the above analysis, the Planning Department recommends the following actions on the request: ACTIONS: a) Recommend APPROVAL of the Future Land Use Plan amendments from the Residential Urban and Institutional (I) Classifications to the Residential Medium (RM) Classification; and b) Recommend APPROVAL of the rezoning from the Institutional (I) District to the Medium Density Residential (MDR) District. Prepared by Planning Department staff: Michael H. Reynolds, AICP, Planner III Attachments: Application Location Map Aerial Photograph of Site and Vicinity Land Use Plan Map Zoning Map Existing Surrounding Uses Site Photographs S: \Planning DepartmentlC D EILand Use AmendmentslLUZ 2006ILUZ2006-08006; 802, 826, and 830 Woodlawn Street - Woodlawn Church of God Ed. ofTrusteeslStaffReport, LUZ2006-08006R.doc Staff Report - Community Development Board - September 18,2007 - Case LUZ2006-08006 Page 8 Item # 13 r2 Location Map Owners: Woodlawn Church of God Case: LUZ2006-08006 Site: 802,826, and 830 Woodlawn Street and an unaddressed parcel designated os 22129/15/00000/320/0200 Property Size(Acres): 8.10 acres PIN: 22/29/15/00000/320/0300 22/29/15/98941/000/0001 22/29/15/00000/320/0700 22/29/15/00000/320/0200 Land Use Zoning From: RU (802) I (remainder) MDR (802) I (remainder) To: RM RM MDR MDR Atlas Page: 314A S:\Planning DepartmentlC D BILand Use AmendmentsILUZ 2006ILUZ2006-08006; 802 Woodlawn Street - Woodlawn Church of God Bd. ofTrusteeslMapslLUZ2006-08006 Map Request 2. doc Item # 13 Attachment number 2 Page 2 of 6 -.--:.. .., - .. -.- . - .~.~- - .~ .~ R "oJ" .,-:: . ..-.... ! .":: i", ~." , . :, ." Ii ... ~ I. . ..:...__~. .~.: . ---:;, : ~' ... .........-:'" . ." . I................................~ . . , = . . I = ,. :~.",-- . . . . .~ . . I = ~ . . , I \ ~". i . . ~: ~ . , I.~ tlI .......... . . . . . .. . = . ~.. . .;~. , =.~ : = ~-' . . . . . , . . . . . . . . . ,............. .............. -. WOODLA WH- ST , ~:L~._,::;;. ? .. .~. . . "',~'~ ."y ...._~. r .\'~ WILDWOOD WA Y ~.l"l:= .".-. ...~:~~I.. .. ~~ ~ . .r:': "", ~:"'-...-.~ ..... . '- (f) (f) ~ II ~ ~ -<. -<. <:( ~ ,.. ' I' ';I:) ';I:) :c: ..., ~ I ~. f'! '""" '""" e <:( r- r- >- m m ,. :c: I.U ')> ')> <:( ..... <. <. a:: ..... m m U j:: . . CI) . . ., :', Aerial Map Owners: Woodlawn Church of God Case: LUZ2006-08006 Site: 802,826, and 830 Woodlawn Street and an unaddressed parcel designated os 22129/15/00000/320/0200 Property Size(Acres): 8.10 acres PIN: 22/29/15/00000/320/0300 22/29/15/98941/000/0001 22/29/15/00000/320/0700 22/29/15/00000/320/0200 Land Use Zoning From: RU (802) I (remainder) MDR (802) I (remainder) To: RM RM MDR MDR Atlas Page: 314A S:\Planning DepartmentlC D BILand Use AmendmentsILUZ 2006ILUZ2006-08006; 802 Woodlawn Street - Woodlawn Church of God Bd. ofTrusteeslMapslLUZ2006-08006 Map Request 2. doc Item # 13 Attachment number 2 P"nA "\ nf f; 11 w~ <0 a ~ ~ ~ I 25(8) iii RlOS RlOS ~~ " 5l r ~ ;;; ~ ~ \\0 , Iii; I~ I~ I~S I I I I I~ 11 1'2 13 1'4 15 116 V~ 1 I ~ ~ Id)j(~,~ ~ I '3 I 21 I 191 117'~ I I I I liSo ~ I ~ I I~ I~ \ 10 RM 8 8 3.96 Ac 5.29 Ac(C) RM " ~ I ~ I ~ I ~ \;J 13 I I I I I I I 1 I I I I I 9 10 "1 21'3 114 15 1, ~7 1'8 1'9 I~IIII II I/X '" '1"")1" I , I I~ "i"" ' 32 <o;D I ~ I~ ~ I" ~ I 122 ~ 1 F <0 ~ 110 ~ 6 I I I I I I <0 I", I I I I I I ~ I~ I WOODLA WN ST fR E \:~~\ \~ BNl r;f ~ ~ 211' ~ \VW0 '" Id) \ O:l a O:l C\J '" '" ~" <0 I ,.90 '" '" (2) c;,o 8 ,j.L,j f ~. \" U_-( '" a g:s cil; - - <0 ~ " " fi1 " ~ ~ :if :if , . ~j , 10;1 '"' 0;1 0; 111 40 _~_52_ 1 ...22~1_ 1- ~" 3\(5) '" 11tlO4 40 <0 <0 I \ I I g:s 5L 2 1504 - - 0 I '" \ r- - 5L _ .2 10 '" ',154 I :1 \121 14 - - ...20-~ ilf- -- - I 10 I 11 13 4 15 I ~tJ 9 1'0:3 113 - 22 I 3 -=-~T~ - - 61 1 2 10514\ 12 I 49 4 ~ I 2 I I I 1~08 151148 - - - 1 (J) -"'- 48 .2. ~\1~1_ 151 ~ 6 1508 - t- - I 1516 \ - 22 _ __ lli. - - 47 .1? 6 I!ilC - - (2) 55 16 .... ...!..51~6_ 7 ~ 46 I 7 ;O~~" . - - 4 RU 14 _17 1516 ~ 45 8 151 45 1518 \ -\------ - - ":'51:""44 ~ 1L - , ___5;L_ 18 9 151744 151 m 1t?J..9 _ 22 _ _ 19 1518 ~ - - - - >- --:;:; - -Q... 43 10 1516 i.u 10 5 1528.' 90 ')> 51 20 152342 11 H 42 1520 5 ~, _ _ 2Q _ _ _21_ ~22 It --- --..,J - - - 1-.11 1528A _ .3.1 _ _ 12_ ~2 i=: _41 12 9~ 6"\(S) 1f!l.5 _ 49 22 (.) 1534 40 ~3 40 ~~~~ - \ 48 ~ 23 '" _ 3@.... B 141526 - - 47 A r) 24 - 1530 1~23a_ ...14 _153!. 7 ....!52~38_ 'l9.. _ 15 \ () - - - 6 46 25 37 16 152 1540 ~ 37 16 0 ...~"" - - Future Land Use Map Owners: Woodlawn Church of God Case: LUZ2006-08006 Site: 802,826, and 830 Woodlawn Street and an unaddressed parcel designated os 22129/15/00000/320/0200 Property Size(Acres): 8.10 acres PIN: 22/29/15/00000/320/0300 22/29/15/98941/000/0001 22/29/15/00000/320/0700 22/29/15/00000/320/0200 Land Use Zoning From: RU (802) I (remainder) MDR (802) I (remainder) To: RM RM MDR MDR Atlas Page: 314A S:\Planning DepartmentlC D BILand Use AmendmentsILUZ 2006ILUZ2006-08006; 802 Woodlawn Street - Woodlawn Church of God Bd. ofTrusteeslMapslLUZ2006-08006 Map Request 2. doc Item # 13 , OS/R ~I l 1 <,0 '~""\ " " o I'" 15 : 16 !'~"\ \ l~ ~ I~ I \ MDR 8 5.29 Ac (C) " Ii;]I ~ I~ ~\\ I I I I 115 r :17 ra 119 I I I I I I I I I \ ~ Ia;. I" ~ I 122 I \ <0 ~ ~ I F pi 211 \ I I ~ I~ I ~ \dl \ I 8 3.96 Ac MDR A~ .m Po. -- ~ ~ " ~ s ~ ~ r2 - ( 8 G 3.23 Ac(C) l MDR G) GY' cp 8 ;g l!l ~ G?o 8 ~ ~ I~ \ -18 " '" '" as as '" " ~ ~ I '" a a '90 10 ~ g:s cil; 0; - iri ,. WOODLA WN ST ,. AO \~'\ I 1101 ~\ :::\~ I \ 40 '" I I '" I '" '" 11 115fJ4 I I I 1121 14 11 13 4 \ 5 16 7 I 9 I . 1 ~ 13 12 I 18 10 -...../ \ I I I 1508 (Jl~\!!!..II_ _ 2.6 _ 15 1512 !JJ ~ - - --:s -< 55 16 ?J~~1515_ _ !B.. _ _ _17 _ 1~6 ~ ~ _ _ 23 _ _ 18 0 gO m 1~9 _ ....9.2 _ _ _ I@.... ~18_!;;: )> 51 20 'C( ~'\_ _ ~ _ _ _21_ ~22 0::: 1525 49 22 (.) --- CI,) 48 If:'., 23 47 ~. 'I 24 1530 46~ 25 ~~ II "'''' '" I 10 1 2 I I 3 \~(S) 10514 \ 154 ~ -<i 1516 \ ~ \"" 1518 \ ~ 1528 \6'(~ 1534 1540 \ \ % A<; 1528A 1533 Zoning Map Owners: Woodlawn Church of God Site: 802,826, and 830 Woodlawn Street and an unaddressed parcel designated os 22129/15/00000/320/0200 Land Use Zoning From: RU (802) I (remainder) MDR (802) I (remainder) To: RM MDR RM MDR ,. 4 I- _ 5:s... ~ _1 _ _ 4 _ 21_1_2__ - _50_ t- ;L _ 49 4 - _ - ..!8- _ l-=, 5-=, -=- _ _47_ L .2... ....!.510 46 7 45 1~744.... _ .0 ~ 52 1 ~~5L- .L ~04 _ JiO _ _3 _ _ 49 4 1511 48 Ji _ _ 47 6 1508 ..!..51~_ _ 7_ _ 45 8 1512 -.!.51~_ I- 9_ _ 43 10 1516 -.!5?:!. 42_ I- :11. - .,J _ ~1 _ 12_ !!!..20 j:: 40 ~13 _]iJ \ [BJ}14i526 --.!52~38_ ~1.2. _ 37 16 152 _8_ _ _9 _15~ 10 _ 42_ -l 11 1520 41 -:;-? - - ~5: _~ ~~ ~24 _ou_ _ 15_ _ 37 16 " -1;-1'2_ '" 51 50 - - ~ _ _48_ 1511 47 - ~ - 1i?.!.5.=!.5 _ 44 ...!..51~_A3_ 42 CI,) -~~~ --.!522. 3~ 37 S:\Planning DepartmentlC D BILand Use AmendmentsILUZ 2006ILUZ2006-08006; 802 Woodlawn Street - Woodlawn Church of God Bd. ofTrusteeslMapslLUZ2006-08006 Map Request 2. doc 1/::;?O....1"" Case: LUZ2006-08006 Property Size(Acres): 8.10 acres PIN: 22/29/15/00000/320/0300 22/29/15/98941/000/0001 22/29/15/00000/320/0700 22/29/15/00000/320/0200 Atlas Page: 314A Item # 13 ... '" '" '" '" '" ~7 8 9 13 12 11 w~ '" '" Q '" '" '" .., '" '" '" I 25(8) iii \ I~ \~ \~ \~ ~ \~\' I I I I I I 16 '18 ~ "1'2'3114 '51'6 ~ lB ~ ~ ~ :,8; \ \ ZT I 5 23 ~ 19 17 I I I I I ~I 01 ~I 1",101 fOl I "'I I~ 1:61 WILDWOOD WA Y " I ~ipgl ~~~ n~~,\ I IT . I . I 16 'I I' ~e-slf( tfutra' \7 1'8 1'9 I \,F I \ I \ I \ I I I I~ II I I' 1\ ~ ~32I~OO ~I~~I~ ~I Iz2 1\ b J; ICllI>I bl ZTI F 1'31 21 \ I I I I I I I I I I I I I ~ ~ I ~ Idl \ I I. WOODLA WN ST ~ \ iri 60 ...'" I 3 ~'\B(S) \54 I.., ;0'1; "'''': ... '" I 61 1 2 I I- 3 I 2 10514 \ CI) 1 , -J I Q 1516 \ UJ :l!: 1511 4 4 1518 \ Q;: q: l) 1517 5 1528..\ 5 1528A ~6 1J;~"'I4 6\(S) Recreational Ballfields 8 5.29 Ac(C) 8 '" Q co I G) G)0- ;g l!l ~ ~ ~ 0 '" Q co co '" ... '" co co ,. ,. AD ~~I I I~\:;; :;;1:;; 111 40 I I \ I 11~4 (J) I I I I I 112 I 14 1 3 5 7 91 r1i\ UJ s:. 12 I 4 I 16 18 10 ~ 1131. :::.; -<. ' . \ I In 150 q: ~ \ 15t: lDg!~_J LI "<I.Y5~~ ~ \ !is il6 0 m~!J't.eSI 17 15161- ')> 53 18 <: ~ -1ii9~ .; ~ ~ _ 1~ 1?1~Q!2 51 20 l) \. 50 _21_ 152 CI) l 1525 49 - - 22 - Existing Land Use Map Owners: Woodlawn Church of God Case: Site: 802.826. and 830 Woodlawn Street and an unaddressed parcel designated os 22129/15/00000/320/0200 Property Size(Acres): Land Use From: RU (802) I (remainder) To: RM RM Zoning PIN: MDR (802) I (remainder) MDR MDR Atlas Page: Attachment number 2 Page 5 of 6 20.53 Ac ~~ & ;l r ~ S ~ ~ - ~ - - ~ ~ Mnu~ .. IlIliiv T-.. . 11 ';;-1) ~ 3.96 Ac ~w, (2) 3 Single t 0,0' ~el1 t~ \ co .., co 1'\ '" '" co (J)o I-- " ,. ~ :1S :if _1 _ _ 40 _ 2.2 ~I_ 1- L tesQ] a milt co~ 2 ~ ~ - ti fl~ ~ -:=1 =~= :::.; I- _48_ 1 2.. 47 6 150 q: -.1Z _I _ 6_ 1~~6.... .l >- 46_r--L- 45 8 151 lu 45 8 1:!..11*!. _ 9 -J 15114 ;;- -J---f-- 43 10 1511 i=: 43 10 1~2~ _ _11 _ _ _ 42 :!l _ 41... _ ~2 _15~ 41 12 ~'\. -rr .;;g- ~Jl.~. 5 49T-". 15114 LUZ2006-08006 8.10 acres 22/29/15/00000/320/0300 22/29/15/98941/000/0001 22/29/15/00000/320/0700 22/29/15/00000/320/0200 314A S:\Planning DepartmentlC D BILand Use AmendmentsILUZ 2006ILUZ2006-08006; 802 Woodlawn Street - Woodlawn Church of God Bd. ofTrusteeslMapslLUZ2006-08006 Map Request 2. doc Item # 13 View looking west at Woodlawn Street, near site View looking northwest at site at attached dwellings View looking northeast at site from CSX Right-of-Way Attachment number 2 Page 6 of 6 View looking north onto site View looking south from within site View looking north, from Woodlawn Street at existing house LUZ2007-08006 Woodlawn Church of God 802, 826, 830 W oodla~erfif#e'~ and unaddressed parcel Attachment number 3 Page 1 of 2 ORDINANCE NO. 7945-08 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE FUTURE LAND USE PLAN ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY, TO CHANGE THE LAND USE DESIGNATION FOR CERTAIN REAL PROPERTY LOCATED NORTHEAST OF THE CSX RAILROAD RIGHT-OF- WAY AND WOODLAWN STREET, WHOSE POST OFFICE ADDRESS IS 802 WOODLAWN STREET, 826 WOODLAWN STREET (826 WOODLAWN STREET IS THE ENTIRE SUBDIVISION OF WOODLAWN TERRACE I, A CONDOMINIUM AS RECORDED IN CONDOMINIUM PLAT BOOK 92, PAGE 32 OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA), 830 WOODLAWN STREET AND AN UNADDRESSED PARCEL DESIGNATED AS 22/29/15/00000/320/0200, CONSISTING OF PROPERTY LOCATED IN METES AND BOUNDS 32/02, 32/03 AND 32/07, IN SECTION 22, TOWNSHIP 29 SOUTH, RANGE 15 EAST, FROM RESIDENTIAL URBAN (RU) AND INSTITUTIONAL (I) TO RESIDENTIAL MEDIUM (RM); PROVIDING AN EFFECTIVE DATE. WHEREAS, the amendment to the future land use plan element of the comprehensive plan of the City as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's comprehensive plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The future land use plan element of the comprehensive plan of the City of Clearwater is amended by designating the land use category for the hereinafter described property as follows: Property Land Use CateQorv Legal Description attached From: Residential Urban (RU) and I nstitutional (I) To: Residential Medium (RM) LUZ2006-08006 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, subject to the approval of the land use designation by the Pinellas County Board of County Commissioners, and subject to a determination by the State of Florida, as appropriate, of compliance with the applicable requirements of the Local Government Comprehensive Planning and Land Development Regulation Act, pursuant to S 163.3189, Florida Statutes. The Community Development Coordinator is authorized to transmit to the Pinellas County Planning Council an application to amend the Countywide Plan in order to achieve consistency with the Future Land Use Plan Element of the City's Comprehensive Plan as amended by this ordinance. PASSED ON FIRST READING Item # 13 Ordinance No. 7945-08 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 2 Attachment number 3 Page 2 of 2 Ordinance No7945-08 Item # 13 Attachment number 4 Page 1 of 2 ORDINANCE NO. 7946-08 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY REZONING CERTAIN PROPERTY LOCATED NORTHEAST OF THE CSX RAILROAD RIGHT-OF-WAY AND WOODLAWN STREET, WHOSE POST OFFICE ADDRESS IS 826 WOODLAWN STREET (826 WOODLAWN STREET IS THE ENTIRE SUBDIVISION OF WOODLAWN TERRACE I, A CONDOMINIUM AS RECORDED IN CONDOMINIUM PLAT BOOK 92, PAGE 32 OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA), 830 WOODLAWN STREET AND AN UNADDRESSED PARCEL DESIGNATED AS 22/29/15/00000/320/0200, CONSISTING OF PROPERTY LOCATED IN METES AND BOUNDS 32/02, 32/07, IN SECTION 22, TOWNSHIP 29 SOUTH, RANGE 15 EAST, FROM INSTITUTIONAL (I) TO MEDIUM DENSITY RESIDENTIAL (MDR); PROVIDING AN EFFECTIVE DATE. WHEREAS, the amendment to the zoning atlas of the City as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's Comprehensive Plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following described property in Clearwater, Florida, is hereby rezoned, and the zoning atlas of the City is amended as follows: Property Zoninq District Legal Description attached LUZ2006-08006 From: Institutional (I) To: Medium Density Residential (MDR) Section 2. The City Engineer is directed to revise the zoning atlas of the City in accordance with the foregoing amendment. Section 3. This ordinance shall take effect immediately upon adoption, subject to the approval of the land use designation set forth in Ordinance 7945-08 by the Pinellas County Board of County Commissioners, and subject to a determination by the State of Florida, as appropriate, of compliance with the applicable requirements of the Local Government Comprehensive Planning and Land Development Regulation Act, pursuant to S163.3189, Florida Statutes. PASSED ON FIRST READING Item # 13 Ordinance No. 7946-08 Attachment number 4 Page 2 of 2 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 # 13 2 Ordinance No. 7946-08 Meeting Date: 3/17/2008 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Approve a Future Land Use Plan Amendment from the Industrial Limited (IL) Classification to the Commercial General (CG) Classification and a Zoning Atlas Amendment from the Industrial, Research and Technology (IRT) District to the Commercial (C) District for property located at 1500, 1510, 1520, 1530, 1540, 1550, 1560, 1570, 1580, 1590, 1600, 1610 and 1620 McMullen Booth Road (Lot 1, South Oaks Fashion Square, Section 09, Township 29 South, Range 16 East); and Pass Ordinances 7920-08 and 7921-08 on first reading. (LUZ2007-07005) SUMMARY: This Future Land Use Plan (FLUP) amendment application involves property comprising approximately 19.05 acres in area and located at the southwest corner of the intersection of State Road 590 and McMullen Booth Road. This property, known as Bayside Bridge Plaza, has a FLUP classification of Industrial Limited (IL) and a zoning designation of Industrial, Research and Technology (IRT). The applicant is requesting to amend the FLUP classification of the site to the Commercial General (CG) classification and to rezone the property to the Commercial (C) District in order to establish a FLUP classification and zoning district that are compatible with the current uses of the property. The Planning Department determined that the proposed future land use plan amendment and rezoning amendment, as recommended, are consistent with the following standards specified in the Community Development Code: . The proposed land use plan amendment is consistent with the Comprehensive Plan. . The proposed use is compatible with the surrounding area. . Sufficient public facilities are available to serve the property.. The applications will not have an adverse impact on the natural environment.Please refer to the land use plan amendment and rezoning (LUZ2007 -07005) staff report for the complete analysis. The Planning Department determined that the amendments are also consistent with the Countywide Rules concerning Mixed Use Classifications on the Countywide Plan Map on Scenic/Non-Commercial Corridors since the Commercial General Classification is less intense than the Industrial Limited Classification. In accordance with the Countywide Plan Rules, the land use plan amendment is subject to the approval of the Pinellas Planning Council and the Board of County Commissioners acting as the Countywide Planning Authority. The application is a large-scale amendment and review and approval by the Florida Department of Community Affairs is required. The Community Development Board reviewed this application at its public hearing on February 19,2008 and unanimously recommended approval of the Future Land Use Plan amendment. Review Approval: 1) Office of Management and Budget 2) Legal 3) Clerk 4) Assistant City Manager 5) Clerk 6) City Manager 7) Clerk Cover Memo Item # 14 Attachment number 1 Page 1 of 13 CDB Meeting Date: Case Number: Owner/ Appli cant: Address: February 19,2008 LUZ2007-07005 Goral Tov ADA Compliant, LTD. 1500, 1510, 1520, 1530, 1540, 1550, 1560, 1570, 1580, 1590, 1600, 1610 and 1620 McMullen Booth Road E-1 Agenda Item: CITY OF CLEARWATER PLANNING DEPARTMENT STAFF REPORT BACKGROUND INFORMATION REQUEST: (a) Future Land Use Plan amendment from the Industrial Limited (IL) Classification to the Commercial General (CG) Classification. (b) Rezoning from the Industrial, Research, and Technology (IRT) District to the Commercial (C) Di stri ct SITE INFORMATION PROPERTY SIZE: 829,818 square feet or 19.05 acres PROPERTY USE: Current Use: Retail Sales and Services, Restaurants, Offices, Alcoholic Beverage Sales, Indoor RecreationlEntertainment and Vehicle Service Proposed Use: Retail Sales and Services, Restaurants, Offices, Alcoholic Beverage Sales, Indoor RecreationlEntertainment and Vehicle Service PLAN CATEGORY: Current Category: Proposed Category: Industrial Limited (IL) Commercial General (CG) ZONING DISTRICT: Current District: Proposed District: Industrial, Research and Technology (IRT) Commercial (C) Community Development Board - February 19, 2008 - Case LUZ2007-07005 -Page 1 of 13 C:\Program Files\Neevia.Com\Document Converter\temp\PDFConvert.5536.I.LUZ2007-07005 Statf Report.doc Item # 14 Attachment number 1 Page 2 of 13 EXISTING SURROUNDING USES: North: Office, Medical Clinic, Veterinary Office, Animal Boarding and Retail Sales and Services West: Attached Dwellings South: Self Storage East: Retail Sales and Services and Restaurants ANALYSIS: This Future Land Use Plan (FLUP) amendment and rezoning application involves property comprising approximately 19.05 acres in area located at the southwest corner of McMullen Booth Road and State Road 590 (Northeast Coachman Road). This property has a FLUP classification of Industrial Limited (IL) and a zoning designation of Industrial, Research and Technology (IRT). The applicant is requesting to amend the FLUP classification of the site to the Commercial General (CG) classification and to rezone the property to the Commercial (C) District. The amendments will make the FLUP and Zoning Atlas consistent with the historical use of the property. The property consists of a 164,995 square foot shopping center, a 3,390 square foot office (Bank of America), a 710 square foot restaurant (Checkers), and a 6,105 square foot vehicle service use (Tires Plus). The initial development of the shopping center occurred in 1989 at which time the property was zoned Industrial Planned Development (IPD) and had a future land use classification of Industrial. Pursuant to the zoning code in effect at the time of the development [ref.: Section 13 1. 104(d)(3)], "commercial, office, and industrial planned districts would permit such uses in a manner so as to allow for improved arrangement of retail, professional and business office or industrial use, or combination thereof'; therefore, the mix of uses that currently exist on the subj ect property were permissible. Subsequent to the development of the shopping center, the zoning on the property was changed to Limited Industrial (IL), which allowed "indoor retail sales" as a permitted use [ref.: Section 40.503]. The office, restaurant and vehicle service uses also in existence were also permitted uses at this time. Upon the adoption of the Community Development Code (CDC) in 1999, all property that had been zoned IL was reclassified as IRT. This reclassification occurred regardless of what the actual existing use of the property was, or what the prior zoning district allowed as permitted uses. As a result of this rezoning, the existing retail sales and services use became a nonconforming use, and the provisions of CDC Section 6-103 governing nonconforming uses became applicable. At the January 15, 2008 Community Development Board meeting, the Board reviewed a request for Flexible Development approval for termination of status as a nonconformity for a retail sales and service use (shopping center) within the Industrial, Research and Technology (IRT) District pursuant to CDC Section 6-109 along with a Comprehensive Landscape Program pursuant to CDC Section 3-1202.G. The Board approved this application on consent with two conditions, relating to landscaping and general engineering approval. The IL future land use designation permits a floor area ratio of 0.65 but no residential or overnight accommodation density. The proposed CG classification permits a floor area ratio of 0.55. It also permits 24 dwelling units and 40 overnight accommodations per acre. The current IRT zoning designation primarily permits industrial, office and manufacturing uses. The Community Development Board - February 19, 2008 - Case LUZ2007-07005 - Page 2 of 13 C:\Program Files\Neevia.Com\Document Converter\temp\PDFConvert.5536.1.LUZ2007-07005 Statf Report.doc Item # 14 Attachment number 1 Page 3 of 13 proposed C zoning designation primarily permits retail sales and services, offices, restaurants and overnight accommodations. The property is larger than the minimum required lot area and lot width for the existing uses in the C District. All existing uses are permitted in the C District except for Vehicle Service. The property currently has an Impervious Surface Ratio of 0.53, which is lower that the CG maximum of 0.90. The CG permits a Floor Area Ratio (FAR) of 0.55. The property has an existing FAR of 0.21. In accordance with the Countywide Plan Rules, the FLUP amendment is subject to approval by the Pinellas Planning Council and Board of County Commissioners acting as the Countywide Planning Authority. Based on the size of the parcel, review and approval by the Florida Department of Community Affairs is required. I. CONSISTENCY WITH THE CITY'S COMPREHENSIVE PLAN [Section 4- 602.F.l and Section 4-603.F.l and 2] Recommended Findings of Fact Applicable Goals, Objectives and Policies from the Clearwater Comprehensive Plan in support of the proposed land use plan amendment are as indicated below: 2.2 Objective - The City of Clearwater shall continue to support innovative planned development and mixed land use development techniques in order to promote infill development that is consistent and compatible with the surrounding environment. 2.2.1 Policy - On a continuing basis, the Community Development Code and the site plan approval process shall be utilized in promoting infill development and/or planned developments that are compatible. 3.2.3 Policy - Commercial land uses shall be located at the intersection of arterial or collector streets and should be sited in such a way as to minimize the intrusion of off-site impacts into residential neighborhoods. New plats and site plans shall discourage the creation of "strip commercial" zones by insuring that adequate lot depths are maintained and by zoning for commercial development at major intersections. 7.4 Objective - The City shall specifically consider the existing and planned Level-of- Service on the road network affected by a proposed development, when considering an amendment to the land use map, rezoning, subdivision plat, or site plan approval. Recommended Conclusions of Law The existing uses developed on the site are compatible with the surrounding area. Land uses within the surrounding area include attached dwellings, offices, restaurants, retail sales and services, animal boarding, and self storage. This property is located at the intersection of an arterial street and is 770 feet deep. The proposed plan amendment is not in conflict with any Clearwater Comprehensive Plan Goals, Objectives or Policies, and is consistent with the Clearwater Comprehensive Plan. Community Development Board - February 19, 2008 - Case LUZ2007-07005 - Page 3 of!3 C:\Program Files\Neevia.Com\Document Converter\temp\PDFConvert.5536.1.LUZ2007-07005 Statf Report.doc Item # 14 Attachment number 1 Page 4 of 13 II. CONSISTENCY WITH COUNTYWIDE PLAN Recommended Findings of Fact The purpose of the proposed Commercial General classification category, as specified in Section 2.3.3.5.4 of the Countywide Rules, is to depict those areas of the County that are now developed, or appropriate to be developed, in a manner designed to provide community and countywide commercial goods and services; and to recognize such areas as primarily consistent with the need, relationship to adjoining uses and with the objective of encouraging a consolidated, concentrated commercial center providing for the full spectrum of commercial uses. The property is located at the southwest comer of the McMullen Booth Road and State Road 590 intersection. The Countywide Plan Map lists McMullen Booth as a Primary Scenic/Non- Commercial Corridor and this intersection is listed as on the Countywide Plan Map as a Mixed Use Classification. Section 4.2.7.1.2 of the Countywide Rules states: The intent and purpose of the Scenic/Non-Commercial Corridor designation is to guide the preservation and enhancement of scenic qualities, to ensure the integrity of the Countywide Plan Map and to maintain and enhance the traffic operation of these especially significant roadway corridors in Pinellas County. The principal objectives of Scenic/Non-Commercial Corridor designations are: A. To preserve and enhance scenic qualities found along these corridors and to foster community awareness of the scenic nature of these corridors. B. To encourage superior community design and enhanced landscape treatment, both outside of and within the public right-of-way. C. To encourage land uses along these corridors which contribute to an integrated, well planned and visually pleasing development pattern, while discouraging the proliferation of commercial, office, industrial or intense residential development beyond areas specifically designated for such uses on the Countywide Plan Map. D. To assist in maintaining the traffic operation of roadways within these corridors through land use type and density/intensity controls, and by conformance to access management regulations, by selective transit route location, and by the development of integrated and safe pedestrian and bicycle access systems. E. To encourage design standards identified within the "Pinellas County Countywide Scenic/Non-Commercial Corridor Master Plan" through the adoption of local ordinances and regulations consistent with those standards set forth within the Master Plan. Community Development Board - February 19, 2008 - Case LUZ2007-07005 - Page 4 of 13 C:\Program Files\Neevia.Com\Document Converter\temp\PDFConvert.5536.1.LUZ2007-07005 Stall' Report.doc Item # 14 Attachment number 1 Page 5 of 13 Section 4.2.7.1.4.B.2 of the Countywide Rules states: Mixed Use, Commercial, or Industrial Countywide Plan Map Classifications - With regard to Mixed Use, Commercial or Industrial Countywide Plan Map classifications: a. The extent to which the local government request discourages non-residential uses on a Scenic/Non-Commercial Corridor. In particular, amendment to the Countywide Plan Map to allow a new or expanded Mixed Use, Commercial or Industrial category shall be discouraged, except where such amendment is: 1. the logical in-fill, extension or terminus of an existing non-residential classification; and 11. the logical in-fill, extension or terminus of an adjoining existing non- residential use; and 111. considered in relationship to the existing delineation of surrounding categories on the Countywide Plan Map and Corridor Subclassification(s); and IV. consistent with the purpose and intent of the Scenic/Non-Commercial Corridor Plan Element as applied through these Countywide Rules and the otherwise applicable amendment process. This criterion is not applicable since the FLUP amendment will not expand the area of the Mixed Use category. b. The extent to which the local government request mlmmlzes any increase in density/intensity on a Scenic/Non-Commercial Corridor. Specifically, in reviewing any application for non-residential use on a Scenic/Non-Commercial Corridor, the proposed density/intensity of use as measured by dwelling units per acre, floor area ratio and impervious surface ratio, as is applicable, shall be considered with the objective of not exceeding the density/intensity of either the adjoining non-residential uses or the mid-point of the range for the density/intensity standards of the applicable category, whichever is less. This request will decrease the permitted FAR from 0.65 to 0.55. This request is consistent with the Countywide Rules in that it will decrease allowable intensities on a Scenic/Non-Commercial Corridor. The FLUP classification to the west is Residential High (RR), which permits 30 dwelling units per acre. This classification's residential density exceeds the CG residential density or 24 units per acre. The site is located at the intersection of McMullen Booth Road (County Road 611) and State Road 590 (Northeast Coachman Road). McMullen Booth Road is a six lane major arterial with turn lanes. The City shares jurisdiction of the road with Safety Harbor. State Road 590 is a two- lane road that extends west from Safety Harbor to the Intracoastal Waterway. Due to the site's proximity to a major arterial and an east/west route, this area is well suited for the existing development, which serves a countywide market. The subject property is also located along a PSTA route, which encourages the use of mass transit. Community Development Board - February 19, 2008 - Case LUZ2007-07005 - Page 5 of!3 C:\Program Files\Neevia.Com\Document Converter\temp\PDFConvert.5536.1.LUZ2007-07005 Stall' Report.doc Item # 14 Attachment number 1 Page 6 of 13 It should be noted that the Updated Countywide Plan for Pinellas County states in Position Statement 13.1: "Limit the conversion of parcels designated for manufacturing and high-tech businesses, e.g., Industrial General or Industrial Limited, to other designations." In 1989, the property had a future land use classification of Industrial. The property was developed consistent with the permitted uses within the IPD zoning district and Industrial future land use classification. The IPD district permitted retail and commercial uses. The City is of the opinion that this parcel was never intended for industrial or manufacturing use. Except for two small properties (limited vehicle services) located on the east side of McMullen Booth approximately 200 feet north of the subj ect property and the property located to the south of the subject property, no other properties in Pinellas County along McMullen Booth Road have an industrial future land use classification. Recommended Conclusions of Law The proposed plan amendment is consistent with the purpose and locational characteristics of the Countywide Plan; therefore, the proposed amendment is consistent with the Countywide Plan. Also, the plan amendment is consistent with the mixed use designation of the scenic non- commercial corridor and is not a prime area for industrial development. It is consistent with development patterns in this vicinity and along the McMullen Booth Corridor. III. COMPATIBILITY WITH SURROUNDING PROPERTY/CHARACTER OF THE CITY & NEIGHBORHOOD [Section 4-602.F.2 and 3 and Section 4-603.F.3] Recommended Findings of Fact The subject property is located on the southwest comer of the intersection of McMullen Booth Road and State Road 590. This area is characterized by a variety of land uses. To the north across State Road 590, is a medical clinic complex with a FLUP classification of Residential/Office Limited (RlOL) and an Office (0) zoning designation. This classification permits 7.5 dwelling units per acre and an FAR of 0.40. The 0 designation primarily permits office and medical clinic uses. Also to the north is an animal boarding use. This property has a FLUP classification of Institutional (I) and a zoning designation of Institutional (I). The I FLUP classification permits 12.5 dwelling units per acre and a FAR of 0.65. The I zoning designation primarily permits places of worship, schools, and residential equivalents (assisted living facilities, congregate care, etc.). Residential equivalents permit 3.0 beds per dwelling unit. A dry cleaner exists to the north of the property. Its property has a FLUP classification of Commercial Neighborhood (CN) and a zoning designation of C. To the west is an attached dwelling use, Bayridge Apartments. In 2002, a FLUP amendment was approved from the IL to Residential High (RR). The property has a zoning designation of Medium High Density Residential (MHDR). The RR classification permits 30 dwelling units per acre. The MHDR designation primarily permits attached dwelling uses. To the south are railroad tracks. South of the railroad tracks is a self storage use. The property has a FLUP classification ofIL and a zoning designation ofIRT. Community Development Board - February 19, 2008 - Case LUZ2007-07005 - Page 6 of 13 C:\Program Files\Neevia.Com\Document Converter\temp\PDFConvert.5536.1.LUZ2007-07005 Stall' Report.doc Item # 14 Attachment number 1 Page 7 of 13 To the east, across McMullen Booth Road, is Safety Harbor. The property has a Safety Harbor FLUP classification of CG and a zoning designation of C-1A. The C-1A zoning designation primarily permits retail sales and services, offices and restaurants. The lots adjacent to McMullen Booth Road are developed as restaurants, retail sales and services and an automotive service station. The CG and C boundaries are appropriately located along McMullen Booth Road and State Road 590. This request will eliminate the nonconforming uses on the site except the vehicle service use. This request is compatible with the surrounding area and does not conflict with the needs and character of the area. Also, this request will not adversely or unreasonable affect the use of the property in the area. Recommended Conclusions of Law The proposed FLUP classification and zoning designation are in character with the overall FLUP categories in the area. The amendments are compatible with the CN, CG, RlOL and I FLUPs to the north and consistent with the CG classification to the east across McMullen Booth Road. The corridor does have three other properties with IL classification but the uses, limited vehicle service and self storage, are commercial uses. These properties are not significant in size either. The proposed amendments are compatible with surrounding uses and consistent with the character of the immediate surrounding area and neighborhood. IV. SUFFICIENCY OF PUBLIC FACILITIES [Section 4-602.F.6 and Section 4- 603.F.4] Recommended Findings of Fact As stated earlier, the overall subject site is approximately 19.05 acres in area and is developed as a shopping center. Under the current FLUP category of IL, 539, 381 square feet of industrial uses are permitted. Based on a maximum permitted development potential in the proposed CG category, 456,399 square feet of shopping center could be potentially constructed on this site. The PPC Rules would also allow up to 457 dwelling units. However the proposed C zoning would only allow residential development as part of a mixed use development. Please note that by Countywide Rules, a mixed use development "Shall not exceed, in combination, the respective number of units per acre and floor area ratio permitted, when allocated in their respective proportion to the gross land area of the property." This Countywide Rule will not allow a site to be developed to the maximum of each density and intensity. Only a proportionate share, based on land area devoted to each use, of each density and intensity can be developed. Community Development Board - February 19, 2008 - Case LUZ2007-07005 - Page 7 of 13 C:\Program Files\Neevia.Com\Document Converter\temp\PDFConvert.5536.1.LUZ2007-07005 Stall' Report.doc Item # 14 Attachment number 1 Page 8 of 13 Roadways The accepted methodology for reviewing the transportation impacts of the proposed plan amendment is based on the Pinellas Planning Council's (PPC) traffic generation guidelines. The PPC's traffic generation rates have been calculated for the subject site based on the existing and proposed Future Land Use Plan categories and are included in the following table. Maximum Daily Added Potential Trips Maximum PM Peak Hour Added Potential Trips Volume of McMullen Booth Road - Between Gulf to Bay and Main Street LOS of McMullen Booth Road - Between Gulf to Bay and Main Street N/ A ~ Not Applicable LOS ~ Level-of-Service 1 ~ Based on PPC calculations of 170 trips per acre per day for the Industrial Limited Future Land Use Category. 2 ~ Based on PPC calculations of 465 trips per acre per day lor the Commercial General Future Land Use Category. 3 ~ Based on MPO K-factor 01'0.095. 4 ~ Based on the Florida Department of Transportation's Generalized Annual Average Daily Volumes for Florida's Urbanized Areas Table 4-1 Source: The Countywide Plan Rules N/A N/A 66,350 3,239 308 69,589 8,858 842 75,208 5,619 534 5,619 D E E Community Development Board - February 19, 2008 - Case LUZ2007-07005 - Page 8 of 13 C:\Program Files\Neevia.Com\Document Converter\temp\PDFConvert.5536.1.LUZ2007-07005 Stall' Report.doc Item # 14 Attachment number 1 Page 9 of 13 Specific uses in the current and proposed zoning districts have been analyzed for the number of vehicle trips that could be generated based on the Institute of Transportation Engineer's Trip Generation ih Edition. Existing IRT District / IL FLUP Existing Shopping Center1 (42.94 trips/l,OOO sf gfa) Manufacturing (3.82 tri s/l,OOO sf a) Maximum Development Potential 175,200 sf N/A 657 N/A 7,523 3.75 Proposed C District/ CG FLUP Hotel Rooms (8.17 trips/unit) Shopping Center (42.94 trips/l,OOO sf gfa) Residential Units (5.86 trips/unit) Office Park (1.64 trips/l,OOO sf gfa)5 456,399 748 -6,775 1 = Institute of Transportation Engineer's Trip Generation 7 Edition Land Use 820 2 = Institute of Transportation Engineer's Trip Generation 7th Edition Land Use 140 3 = Institute of Transportation Engineer's Trip Generation 7th Edition Land Use 310 4 = Institute of Transportation Engineer's Trip Generation 7th Edition Land Use 230 5 = Institute of Transportation Engineer's Trip Generation 7th Edition Land Use 750 6 = Total number of hotel rooms permitted by the underlying CG FLUP category is 40 units per acre. 7 = Total gross floor area ratio permitted by the underlying CG FLUP category is 0.55. 8 = Total dwelling units per acre permitted by the underlying CG FLUP category is 24 units per acre. Maximum Development Potential 457 rooms6 3,733 -3,790 0.59 270 -387 456,399 sf7 19,597 12,074 3.75 1,711 1,054 762 units8 4,465 -3,058 0.52 396 -261 1.50 685 28 The 2007 Transportation Level of Service (LOS) manual from the Pinellas County Metropolitan Planning Organization assigned the McMullen Booth Road facility from Gulf to Bay Boulevard to Main Street an LOS of D and the State Road 590 (NE Coachman Road) facility from US 19 North to McMullen Booth Road an LOS of A. The traffic analysis above compares the expected traffic generated by the existing uses of the subject property, maximum manufacturing use and the maximum development potential allowed by the proposed C District and CG FLUP. Based on the Institute of Transportation Engineers Trip Generation Manual, a shopping center developed at the absolute maximum intensity, 456,399 square feet, in the C District would result in an increase in the PM Peak trips to McMullen Booth Road and State Road 590 by 1,054 vehicle trips. The Engineering Department has concluded that the traffic generation associated with the most intense use (456,399 square foot shopping center) may increase the existing PM peak hour trips on McMullen Booth Road and State Road 590. In such a case, the Engineering Department would require the applicant to submit to the City a Traffic Impact Analysis because the expected trip volumes from the shopping center exceeds the City's threshold of 100 vehicles Community Development Board - February 19, 2008 - Case LUZ2007-07005 - Page 9 of 13 C:\Program Files\Neevia.Com\Document Converter\temp\PDFConvert.5536.1.LUZ2007-07005 Stall' Report.doc Item # 14 Attachment number 1 Page 10 of 13 per hour and/or 1,000 vehicles per day. At this time, staff cannot determine the specific impacts to the LOS of both facility segments if the site were to be redeveloped to the maximum. A Traffic Impact Analysis would be required to determine the impacts to each facility segment. Should the Traffic Impact Analysis indicate that mitigation measures are necessary, appropriate action would be taken by the City to ensure implementation of the mitigation measures. The City's Comprehensive Plan does not permit roadways to operate below an LOS of D at the PM peak hour. In the event that the site is ever redeveloped, transportation concurrency must be met and the LOS ofD must be maintained. The City's Engineering Department has concluded that if the property was to be redeveloped as overnight accommodations only, the PM Peak trips could decrease 6.14% from the existing 6,303 vehicle trips per hour to 5,916 vehicle trips per hour. Should this redevelopment happen, the LOS for both McMullen Booth Road and State Road 590 are unlikely to change. The City's Engineering Department has concluded that if the property was to be redeveloped as office park only, the PM Peak trips could increase 0.44% from the existing 6,303 vehicle trips per hour to 6,331 vehicle trips per hour. Should this redevelopment happen, the LOS for both McMullen Booth Road and State Road 590 are unlikely to change. Mass Transit The Citywide LOS for mass transit will not be affected by the proposed plan amendment. The total miles of fixed route service will not change. The subject site is located directly on the mass transit route along McMullen Booth Road. Water The City has sufficient permitted volume to provide potable water to the property. This verification, completed by the City's Engineering Department, is based upon review of permitted capacities and current usage of water. Any required infrastructure modifications in the vicinity of the subject property to satisfy site-specific water capacity and pressure requirements shall be completed at the property owner's expense. Review will be completed during the site plan approval process. These amendments will not negatively impact the City's current LOS for water since there is excess capacity. Wastewater The City has sufficient permitted volume to provide wastewater service to the property. This verification, completed by the City's Engineering Department, is based upon review of permitted capacities and current treatment of water. Any required infrastructure modifications in the vicinity of the subject property to satisfy site-specific water capacity and pressure requirements shall be completed at the property owner's expense. Review will be completed during the site plan approval process. These amendments will not negatively impact the City's current LOS for wastewater since there is excess capacity. Community Development Board - February 19, 2008 - Case LUZ2007-07005 - Page 10 of 13 C:\Program Files\Neevia.Com\Document Converter\temp\PDFConvert.5536.1.LUZ2007-07005 Stall' Report.doc Item # 14 Attachment number 1 Page 11 of 13 Solid Waste The proposed FLUP amendment will not negatively affect the City's current LOS for solid waste disposal. Recreation and Open Space Due to the fact that the site is developed, the payment of Open Space, Recreation Land and Recreation Facility impact fees will not be required at this time. Should the site be redeveloped, the fees will be required prior to the issuance of a building permit. Recommended Conclusions of Law Based upon the findings of fact, it has been determined that the traffic generated by this plan amendment will not result in the degradation of the existing LOS to the adjacent roads beyond the requirements of the City's Comprehensive Plan. Further, there will be no impact to water, wastewater, and solid waste service since the maximum FAR permitted under CG is less than the maximum FAR under the IL designation. Open space and recreation facilities and mass transit will not be affected by the proposed future land use plan category. V. IMPACT ON NATURAL ENVIRONMENT [Section 4-603.F.5.] Recommended of Findings of Fact No wetlands appear to be located on the subject site. This property is developed as a shopping center and has trees located in landscape islands and perimeter buffers. Recommended Conclusions of Law Based on current information, no wetlands appear to be located on the subj ect site. The intent of the new buyer is to legalize a non-conforming use primarily for financing purposes. The site is currently developed. Any redevelopment would require compliance with the City's tree preservation and storm water management requirements. Community Development Board - February 19, 2008 - Case LUZ2007-07005 - Page 11 of 13 C:\Program Files\Neevia.Com\Document Converter\temp\PDFConvert.5536.1.LUZ2007-07005 Stall' Report.doc Item # 14 Attachment number 1 Page 12 of 13 VI. LOCATION OF DISTRICT BOUNDARIES [Section 4-602.F.6.] Recommended Findings of Fact The location of the proposed Commercial District boundaries is consistent with the boundaries of the subject property, which is generally rectangular. The proposed Commercial District is compatible with the surrounding mixture of uses. The location of the proposed C District boundaries is logical and consolidates this property into the appropriate zoning district. The C zoning district is a compatible district with the adjacent 0, C, I, MHDR, IRT and C-1A (Safety Harbor) zoning districts located to the immediate north, south, east and west. Recommended Conclusions of Law The district boundaries are appropriately drawn in regard to location and classifications of streets, ownership lines, existing improvements and the natural environment. SUMMARY AND RECOMMENDATIONS An amendment of the FLUP from the IL classification to the CG classification for the subject site and rezoning from the IRT to the C District is requested. The proposed site is developed as a 175,200 square foot shopping center. The request permits the existing uses, except vehicle service, to be conforming. The property exceeds the minimum lot area and width requirements for retail sales and services, restaurants, offices, alcoholic beverage sales and indoor recreation/entertainment. A mix of nonresidential and residential uses characterizes the surrounding area. The proposed future land use plan amendment is compatible with the existing area. While recognizing that the Updated Countywide Plan for Pinellas County calls for limiting the conversion of parcels designated for manufacturing and high-tech businesses, the proposed CG FLUP more closely represents the actual and historical use of the parcel, and therefore, meets the intent of the policy. Additionally, there is no pattern of IL along the Scenic Commercial Corridor. In all other ways, the proposed CG FLUP classification is consistent with both the City and the Countywide Comprehensive Plans, Countywide Rules pertaining to Scenic/NonCommercial Corridors, is compatible with the surrounding area, does not degrade public services below acceptable levels, is compatible with the natural environment and is consistent with the development regulations of the City. Approval of this land use plan amendment does not guarantee the right to develop on the subject property. Transportation concurrency must be met, and the property owner will have to comply with all laws and ordinances in effect at the time development permits are requested. Community Development Board - February 19, 2008 - Case LUZ2007-07005 - Page 12 of 13 C:\Program Files\Neevia.Com\Document Converter\temp\PDFConvert.5536.1.LUZ2007-07005 Stall' Report.doc Item # 14 Attachment number 1 Page 13 of 13 Based on the above analysis, the Planning Department recommends the following actions on the request: ACTION: Recommend APPROVAL of the Future Land Use Plan amendment from the Industrial Limited Classification to Commercial General Classification and rezoning request from the Industrial, Research and Technology designation to the Commercial designation Prepared by Planning Department staff: Steven Everitt, Planner II Attachments: Resume Application Location Map Aerial Photograph of Site and Vicinity Future Land Use Plan Map Zoning Map Existing Surrounding Land Use Map Site Photographs Community Development Board - February 19, 2008 - Case LUZ2007-07005 - Page 13 of 13 C:\Program Files\Neevia.Com\Document Converter\temp\PDFConvert.5536.1.LUZ2007-07005 Stall' Report.doc Item # 14 Attachment number 2 Page 1 of 6 .._..~ J IlR ---J.J -0 =;;J~ 0 n ~0 =J~ w ~~H ::l 0- - CI) z w 1------ I ~ IIR )~ Sf ~ JO.... 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Case: LUZ2007 -07005 1500,1510,1520,1530,1540,1550,1560,1570, Property Site: 1580, 1590, 1600, 1610 and 1620 McMullen Size(Acres): 19.05 Land Use Zoning PIN: 09/29/16/84343/000/0010 From: IL IRT To: CG C Atlas Page: 274A S:\Planning Department\C D B\Land Use Amendments\LUZ 2007\LUZ2007-07005 - 1500, 1510, 1520, 1530, 1540, 1550, 1560j 1570, 1580,1590,1600, 1610 and 1620 McMullen Booth - Goral Tov ADA Compliant, LTD\Maps\Existing Surrounding Uses.d<ltem # 14 View looking southeast at the subject property from SR 590 View looking west at the property south of the subject property View looking north of subject property across SR 590 Attachment number 2 View looking west at the subject property from McMullen Booth Road View looking east from subject property across McMullen Booth Road View looking south at property west of subject property LUZ2007-07005 Goral Tov ADA Compliant, L TD 1500,1510,1520,1530,1540,1550,1560,1570,1580, 1590,1600,1610 and 1620 McMullen Booth Road Item # 14 Attachment number 3 Page 1 of 3 ORDI NANCE NO. 7920-08 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE FUTURE LAND USE PLAN ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY, TO CHANGE THE LAND USE DESIGNATION FOR CERTAIN REAL PROPERTY LOCATED AT THE SOUTHWEST CORNER OF THE INTERSECTION OF STATE ROAD 590 AND MCMULLEN BOOTH ROAD, CONSISTING OF LOT 1, SOUTH OAKS FASHION SQUARE, WHOSE POST OFFICE ADDRESS IS 1500, 1510, 1520, 1530, 1540, 1550, 1560, 1570, 1580, 1590, 1600, 1610, AND 1620 MCMULLEN BOOTH ROAD, FROM INDUSTRIAL LIMITED (IL) TO COMMERCIAL GENERAL (CG); PROVIDING AN EFFECTIVE DATE. WHEREAS, the amendment to the future land use plan element of the comprehensive plan of the City as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's comprehensive plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The future land use plan element of the comprehensive plan of the City of Clearwater is amended by designating the land use category for the hereinafter described property as follows: Property Land Use Cateqorv See attached legal description From: Industrial Limited (IL) (LUZ2007 -07005) To: Commercial General (CG) 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, subject to the approval of the land use designation by the Pinellas County Board of County Commissioners, and subject to a determination by the State of Florida, as appropriate, of compliance with the applicable requirements of the Local Government Comprehensive Planning and Land Development Regulation Act, pursuant to S 163.3189, Florida Statutes. The Community Development Coordinator is authorized to transmit to the Pinellas County Planning Council an application to amend the Countywide Plan in order to achieve consistency with the Future Land Use Plan Element of the City's Comprehensive Plan as amended by this ordinance. Item # 14 Ordinance No. 7920-08 PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Approved as to form: Leslie K. Dougall-Sides Assistant City Attorney Attachment number 3 Page 2 of 3 Frank V. Hibbard Mayor Attest: : Cynthia E. Goudeau City Clerk 2 Item # 14 Ordinance No. 7920-08 Attachment number 3 Page 3 of 3 Lot 1, South Oaks Fashion Square, according to the map or plat thereof as recorded in Plat Book 101, Pages 57 and 58, Public Records of Pinellas County, Florida. Item # 14 3 Ordinance No. 7920-08 Attachment number 4 Page 1 of 2 ORDINANCE NO. 7921-08 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY REZONING CERTAIN PROPERTY AT THE SOUTHWEST CORNER OF THE INTERSECTION OF STATE ROAD 590 AND MCMULLEN BOOTH ROAD, CONSISTING OF LOT 1, SOUTH OAKS FASHION SQUARE, WHOSE POST OFFICE ADDRESS IS 1500, 1510, 1520, 1530, 1540, 1550, 1560, 1570, 1580, 1590, 1600, 1610, AND 1620 MCMULLEN BOOTH ROAD, FROM INDUSTRIAL RESEARCH AND TECHNOLOGY (IRT) TO COMMERCIAL (C); PROVIDING AN EFFECTIVE DATE. WHEREAS, the amendment to the zoning atlas of the City as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's Comprehensive Plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORI DA: Section 1. The following described property in Clearwater, Florida, is hereby rezoned, and the zoning atlas of the City is amended as follows: Property ZoninQ District See attached legal description (LUZ2007 -07005) From: Industrial, Research and Technology (IRT) To: Commercial (C) Section 2. The City Engineer is directed to revise the zoning atlas of the City in accordance with the foregoing amendment. Section 3. This ordinance shall take effect immediately upon adoption, subject to the approval of the land use designation set forth in Ordinance 7920-08 by the Pinellas County Board of County Commissioners, and subject to a determination by the State of Florida, as appropriate, of compliance with the applicable requirements of the Local Government Comprehensive Planning and Land Development Regulation Act, pursuant to s163.3189, Florida Statutes. 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 # 14 Ordinance No. 7921-08 Attachment number 4 Page 2 of 2 Lot 1, South Oaks Fashion Square, according to the map or plat thereof as recorded in Plat Book 101, Pages 57 and 58, Public Records of Pinellas County, Florida. Item # 14 Ordinance No. 7921-08 Meeting Date: 3/17/2008 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Approve a Zoning Atlas Amendment from Business (B) District to the Tourist (T) District for property located at 1241, 1261 and 1281 Gulf Boulevard (consisting of Lot 1, Subdivision of Radisson Bayside Hotel, in Section 20, Township 29 South, Range 16 East) and Pass Ordinance 7909-08 on first reading. (REZ2007 -10001) SUMMARY: This Zoning Atlas Amendment application involves one property of approximately 2.94 acres in area located on the southeast side of Gulf Boulevard approximately 2900 feet south of Clearwater Pass Bridge as well as the adjacent right-of-way of 0.75 acres. This property, known as the Shoppes on Sand Key, has a Future Land Use Plan (FLUP) classification of Resort Facilities High (RFH) and a zoning designation of Business (B). The City dissolved the B District in 1972. The B designation was the result of a lawsuit settlement stipulation of October 17, 1986 and expired on October 17, 2006. In effect, there is no zoning on the property and the applicant is requesting to amend the Zoning Atlas from the B designation to the Tourist (T) designation in order to have a zoning designation that is consistent with the RFH FLUP. The Planning Department determined that the proposed rezoning application is consistent with the following standards specified in the Community Development Code: The proposed rezoning application is consistent with the Comprehensive Plan. The proposed use is compatible with the surrounding area. Sufficient public facilities are available to serve the property. The applications will not have an adverse impact on the natural environment. Please refer to the rezoning (REZ2007 -10001) staffreport for the complete analysis. The Community Development Board reviewed this application at its meeting on February 20, 2008. There was a lengthy public hearing and all who participated in the hearing supported denial of the application. A motion was made by the Board to deny the application but no action occurred due to a 3 to 3 vote. The Board will consider another motion at its March 18th meeting and the Planning Department will report the Board's recommendation at the March 20th City Council meeting. Review Approval: 1) Legal 2) Clerk 3) Assistant City Manager 4) Clerk 5) City Manager 6) Clerk Cover Memo Item # 15 Attachment number 1 Page 1 of 9 CDB Meeting Date: Case Number: Addresses: Agenda Item: February 19,2008 REZ2007 -10001 1241, 1261 and 1281 Gulf Boulevard D-1 CITY OF CLEARWATER PLANNING DEPARTMENT STAFF REPORT BACKGROUND INFORMATION OWNER! APPLICANT: D. A. Bennett Company REPRESENTA TIVE: Harry S. Cline and Michael C. Foley, MacFarlane Ferguson & McMullen, P.A. LOCATION: Approximately 2.94 acres located on the southeast side of Gulf Boulevard approximately 2900 feet south of Clearwater Pass Bridge REQUEST: Rezoning from the Business (B) District to the Tourist (T) Di stri ct. SITE INFORMATION PROPERTY SIZE: Right - of -Way: 127,920 sq ft or 2.94 acres mol 32,670 sq ft or 0.75 acres mol DIMENSIONS OF THE PROPERTY: Right - of -Way: 656 feet wide by 195 feet deep mol 32,670 sq ft or 0.75 acres mol PROPERTY USES: Current Uses: Proposed Uses: Restaurant, Retail Sales and Services and Offices Restaurant, Retail Sales and Services and Offices PLAN CATEGORY: Current Category: Proposed Category: Resort Facilities High (RFH) Resort Facilities High (RFH) ZONING DISTRICT: Current District: Proposed District: Business (B) Tourist (T) Community Development Board - February 19, 2008 - Case REZ2007-10001 C:\Program Files\Neevia.Com\Document Converter\temp\PDFConvert.5633 .1.REZ2007-1 000 1 Stall' Report 02.19 .2008.doc Page 1 01'9 Item # 15 Attachment number 1 Page 2 of 9 EXISTING SURROUNDING USES: North: Overnight Accommodations South: Attached dwellings East: Intracoastal waterway West: Attached dwellings UPDATE: At the December 18, 2007 Community Development Board meeting, the Board continued this application, at the City's request, to the January 15, 2008 meeting to renotice property owners within 200 feet of the subject properties. At the January 15, 2008 Community Development Board meeting, the Board continued this application, at the applicant's, Andrew R. Duff, Trustee, request, to the February 19, 2008 meeting. The applicant requested the continuance in order to remove his interest from the application. The original applicant, Andrew R. Duff, Trustee, has removed his name from the application as well as the property he owns, located at 1201 Gulf Boulevard. Mr. Duff assigned D. A. Bennett Company as the new applicant. D. A. Bennett Company is the owner of the property addressed as 1241, 1261 and 1281 Gulf Boulevard. ANALYSIS: This rezoning application involves one 2.94 acre property owned by the D. A. Bennett Company. The subj ect property is located on the southeast side of Gulf Boulevard approximately 2,900 feet south of Clearwater Pass Bridge. The property has a Future Land Use Plan (FLUP) category of Resort Facilities High (RFH) and has been governed by a Settlement Stipulation. The applicant is requesting to rezone the property to the Tourist (T) District from the Business (B) District. The City dissolved the B District in 1972. Subsequently, a lawsuit was filed against the City of Clearwater by United States Steel Corporation, Cheezem Investment Program I and Cheezem Land Corporation (originally styled United States Steel Corporation, Plaintiff vs. City of Clearwater, a municipal corporation, Defendant (case no. 78-4765-7)) in the Circuit Court for Pinellas County). The resulting Settlement Stipulation restored the dissolved B District for the subj ect properties and three other locations on Sand Key for a period of twenty years. The Settlement Stipulation governed the intensities and densities on the subject property. The subj ect property is a portion of "Parcel III," as listed in the Settlement Stipulation. Section 12 of the Settlement Stipulation states: "Plaintiffs shall be entitled to develop up to 85,000 square feet of non-residential floor area on Parcel III. In addition, Plaintiffs shall be entitled to develop up to one hundred ten (110) residential dwelling units on Parcel III, or up to two hundred twenty (220) hotel units on Parcel III, or any combination thereof, with a Community Development Board - February 19, 2008 - Case REZ2007-10001 C:\Program Files\Neevia.Com\Document Converter\temp\PDFConvert.5633 .1.REZ2007-1 000 1 Stall' Report 02.19 .2008.doc Page 2 01'9 Item # 15 Attachment number 1 Page 3 of 9 conversion ratio of one (1) residential dwelling unit or two (2) hotel units. No structure on Parcel III shall be in excess of one hundred (100) feet above the established flood plain level. . ." The subject property is currently developed with approximately 36,000 square feet of non- residential floor area. The development is comprised of three one-story commercial buildings. The two southerly buildings (Shoppes on Sand Key) have restaurant, retail sales and services, and office uses totaling approximately 29,000 square feet. The third building has a restaurant use (Columbia Restaurant) and is approximately 7,000 square feet. Section 25 of the Settlement Stipulation states: "The development rights agreed to herein shall remain in full force and effect for a period of twenty (20) years, and thereafter the City of Clearwater shall be free to regulate the use of the four parcels without limitation as a result of the final judgment entered in this cause in this Settlement Stipulation." The Final Judgment Settlement Stipulation was dated October 17, 1986; therefore it expired on October 17, 2006. As indicated, the City has the right to rezone the property to be consistent with the Countywide Rules, the City's Comprehensive Plan and the Community Development Code. Under Chapter 163 of Florida State Statutes, the City's land development code shall be consistent with the City's Future Land Use Map and Comprehensive Plan. The B District is not listed in the City's FLUP of the Comprehensive Plan; therefore the B District is inconsistent with any FLUP. The T District is listed in the Future Land Use Element of the City's Comprehensive Plan as consistent with the RFH Future Land Use Plan designation. Also, the T District is the only consistent zoning district listed in the Community Development Code. The property is larger than the minimum required lot area and lot width for the existing uses in the Tourist District. All existing uses on the property are permitted uses in the Tourist District. I. CONSISTENCY WITH CITY'S COMPREHENSIVE PLAN [Section 4-602.F.l] Recommended Findings of Fact Applicable Goals, Objectives and Policies from the Clearwater Comprehensive Plan in support of the proposed rezoning are as indicated below: 3.2.1 Policy - Land Uses on the Comprehensive Land Use Plan Map shall generally be interpreted as indicated in the following table. The intensity standards listed in the table (F AR - floor area ratio; ISR - impervious surface ratio) are the maximum allowed for each plan category, except where otherwise permitted by special area plans or redevelopment plans approved by the City Commission. Consequently, individual zoning districts, as established by the City's Community Development Code, may have Community Development Board - February 19, 2008 - Case REZ2007-10001 C:\Program Files\Neevia.Com\Document Converter\temp\PDFConvert.5633 .1.REZ2007-1 000 1 Stall' Report 02.19 .2008.doc Page 301'9 Item # 15 Attachment number 1 Page 4 of 9 more stringent intensity standards than those listed in the table but will not exceed the maximum allowable intensity of the plan category, unless otherwise permitted by approved special area plans or redevelopment plans. The Tourist District is consistent with the City's FLUP for Resort Facilities High and is consistent with the City's Comprehensive Plan. The previous designation of "Business District" does not exist, therefore, cannot be consistent. The proposed zoning atlas amendment is not in conflict with any Clearwater Comprehensive Plan Goals, Objectives or Policies. Recommended Conclusions of Law As stated earlier, the property has a FLUP designation of RFH. The Clearwater Comprehensive Plan and Community Development Code specifies that the proposed T zoning district is consistent with the RFH Plan category; therefore the proposed rezoning is consistent with the Clearwater Comprehensive Plan. II. COMPATIBILITY WITH SURROUNDING PROPERTY/CHARACTER OF THE CITY & NEIGHBORHOOD [Sections 4-602.F.2, 4-602.F.3 & 4-602.F.4] Recommended Findings of Fact Gulf Boulevard Corridor Gulf Boulevard is a three-lane roadway. The center lane is a turn lane with periodic landscape islands surrounding pedestrian crossings. The surrounding area, located south of Clearwater Pass Bridge, is characterized by high-rise attached dwellings, overnight accommodations and land devoted to recreation. The area has a mixture of residential plan categories that allow for 15 (RM) to 30 dwelling units per acre (RR and RFH). Immediately to the north of the subject property is the Clearwater Beach Marriott Suites on Sand Key, an overnight accommodations use. This property was originally a party to this application. The subject property has a zoning designation of Business with an underlying FLUP designation of Resort Facilities High, which permits 30 dwelling units per acre or 50 overnight accommodation units per acre. North of the Marriott property is City-owned property developed as the Sailing Center and Sand Key Bayside Park. To the west, the Landmark Towers are attached dwelling uses with a zoning designation of High Density Residential (HDR) and a FLUP designation of Residential High (RR). The RR FLUP category allows 30 dwelling units per acre. Also to the west are the Meridian on Sand Key and the Grande. Both are attached dwelling uses with zoning designations of B and a FLUP designation of RFH. (Please note that the City will be pursuing the rezoning of all B parcels on Sand Key consistent with the Settlement Stipulation.) North of the Grande is the Sheraton Sand Key Resort. The Sheraton is an overnight accommodations use with a zoning designation of T and a FLUP designation ofRFH. North of the Sheraton are the Pinellas County-owned Sand Key Park and the City of Clearwater Fire Station #44. These publicly-owned parcels have zoning Community Development Board - February 19, 2008 - Case REZ2007-10001 C:\Program Files\Neevia.Com\Document Converter\temp\PDFConvert.5633 .1.REZ2007-1 000 1 Stall' Report 02.19 .2008.doc Page 4 01'9 Item # 15 Attachment number 1 Page 5 of 9 designations of Open Space/Recreation (OS/R) with underlying FLUP designations of Recreation/Open Space (RlOS) and Preservation. South of Landmark Towers are Harbour Light Towers on Sand Key and Lighthouse Towers on Sand Key, both are attached dwelling uses with a zoning designation ofHDR and a FLUP designation ofRR. To the south, the property is adjacent to Bayside Gardens, which are an attached dwelling use and have a zoning designation of Medium Density Residential and a FLUP category of Residential Medium (RM). The RM FLUP allows 15 dwelling units per acre. To the east is the Intracoastal Waterway. Section 2-801 of the Community Development Code, titled "Intent and purpose" states: "The intent and purpose of the Tourist District ("T") is to provide a safe and attractive tourist destination in the City of Clearwater with a full complement of tourist accommodations and convenient access to goods and services." Recommended Conclusions of Law The proposed rezoning is compatible with the surrounding residential, recreation and tourist uses. The proposed T zoning district will be in character with existing and abutting uses and zoning designations. The T zoning district will allow attached dwellings, overnight accommodations, restaurants, retail sales and services and offices which are compatible with the surrounding neighborhood. III. SUFFICIENCY OF PUBLIC FACILITIES [4-602.F.5] Recommended Findings of Fact As stated earlier, the subject property is 2.94 acres in area and presently occupied by restaurants, retail sales and services and offices. Based on a maximum allowable density of 30 dwelling units per acre in the existing RFH category and T zoning district, 88 dwelling units could be constructed on the property. At present, no dwelling units occupy the property. The RFH category allows 50 overnight accommodations per acre for a total of 147 units. Also, the RFH category allows a Floor Area Ratio of 1.0 for a maximum gross floor area of 128,066 square feet of nonresidential floor area. Please note that by Countywide Rules, a mixed use development "Shall not exceed, in combination, the respective number of units per acre and floor area ratio permitted, when allocated in their respective proportion to the gross land area of the property." This Countywide Rule will not allow a site to be developed to the maximum of each density and intensity allowance. Only a proportionate share, based on land area devoted to each use, of each density and intensity can be developed. Community Development Board - February 19, 2008 - Case REZ2007-10001 C:\Program Files\Neevia.Com\Document Converter\temp\PDFConvert.5633 .1.REZ2007-1 000 1 Stall' Report 02.19 .2008.doc Page 501'9 Item # 15 Attachment number 1 Page 6 of 9 Roadways Specific uses in the current and proposed zoning districts have been analyzed for the number of vehicle trips that could be generated based on the Institute of Transportation Engineer's Trip G . 7th Ed' . eneratlOn ItlOn. Existing B District - Hotel Rooms (8.17 trips/unit) Shopping Center (42.94/1,000 sf gfa) Residential Units (5.86 trips/unit) Maximum Development Potential o rooms N/A o N/A o 0.59 85,000 sf N/A 319 N/A 3,650 3.75 o units N/A o N/A o 0.52 Existing B District - Hotel Rooms (8.17 trips/unit) Shopping Center2 (42.94/1,000 sf gfa) Residential Units (5.86 trips/unit As Currently Developed o rooms Approximatel y 36,000 sf N/A o N/A o 0.59 N/A 135 N/A 1,546 3.75 Proposed T District/Existing RFH FLUP (compared to Maximum current B Development development) Potential Hotel Rooms (8.17 trips/unit) 147 rooms4 1,201 -345 0.59 87 -48 Shopping Center (42.94/1,000 sfgfa) 128,066 sf5 5,499 3,953 3.75 480 345 Residential Units (5.86 trips/unit) 88 units6 516 -1,030 0.52 46 -89 1 = Institute of Transportation Engineer's Trip Generation 7 Edition Land Use 310 2 = Institute of Transportation Engineer's Trip Generation 7th Edition Land Use 820 3 = Institute of Transportation Engineer's Trip Generation 7th Edition Land Use 230 4 = Total number of hotel rooms permitted by the underlying RFH FLUP category is 50 units per acre. 5 = Total gross floor area ratio permitted by the underlying RFH FLUP category is 1.0. 6 = Total dwelling units per acre permitted by the underlying RFH FLUP category is 30 units per acre. The 2007 Transportation Level of Service (LOS) manual from the Pinellas County Metropolitan Planning Organization assigned the Gulf Boulevard segment from the Belleair Causeway to Community Development Board - February 19, 2008 - Case REZ2007-10001 C:\Program Files\Neevia.Com\Document Converter\temp\PDFConvert.5633 .1.REZ2007-1 000 1 Stall' Report 02.19 .2008.doc Page 601'9 Item # 15 Attachment number 1 Page 7 of 9 South Gulfview Boulevard an LOS of A. The traffic analysis above compares the uses permitted by the Settlement Stipulation, the existing uses of the subject property, and the maximum development potential allowed by the proposed T District and RFH FLUP. Based on the ITE Trip Generation Manual, a shopping center developed at the absolute maximum intensity in the T District (128,066 square foot shopping center) would result in an increase in the PM Peak trips to Gulf Boulevard. It should be noted that it is highly unlikely that a shopping center of this magnitude would be built, due to locational characteristics, and lack of population density required to support a retail development of such scale. The Engineering Department has concluded that the traffic generation associated with the most intense use (128,066 square foot shopping center) may increase the existing PM peak hour trips by 29.3% from 1,160 vehicle trips (existing trips on roadway segment) to 1,640 vehicle trips (existing trips plus new trips). The City's Comprehensive Plan does not permit roadways within the City to operate below an LOS of D at PM peak hour; therefore, during the site approval process the applicant would be required to mitigate the traffic impacts and/or reduce the intensity proposed for the subject property. The City's Engineering Department has concluded that if the property was to be redeveloped as overnight accommodations only, the PM Peak trips could decrease 4.1% from the existing 1,160 vehicle trips per hour to 1,112 vehicle trips per hour. Should this redevelopment happen, the LOS for Gulf Boulevard will remain an A. The City's Engineering Department has also concluded that should redevelopment of the property be attached dwellings only, the existing PM Peak trips could decrease 7.7% from the existing 1,160 vehicle trips per hour to 1,071 vehicle trips. With this scenario, the LOS of Gulf Boulevard will remain an A. Further study has shown that any combination of overnight accommodations and attached dwellings will not degrade Gulf Boulevard' s LOS below an A. Recent projects within the Tourist District have primarily involved overnight accommodations and attached dwellings with accessory or limited nonresidential square footage. It is possible that the subject properties may develop as a combination of overnight accommodations, attached dwellings and nonresidential square footage. Any combination of these uses would significantly reduce the maximum number of trips expected. In summary, redevelopment of the property to the maximum amount of overnight accommodations, attached dwellings or a combination of the two, would result in fewer total daily trips and PM peak hour trips than the current uses. Mass Transit The Citywide LOS for mass transit will not be negatively affected by the proposed zoning atlas amendment. The total miles of fixed route service will not change; the subject site is located along an existing transit route and headways are less than or equal to one hour. Pinellas Suncoast Transit Authority's Suncoast Beach Trolley service is available along Gulf Boulevard. Water As no change is proposed to the underlying future land use designation, the proposed rezoning will not degrade the City's current LOS for water. Although redevelopment may result in a Community Development Board - February 19, 2008 - Case REZ2007-10001 C:\Program Files\Neevia.Com\Document Converter\temp\PDFConvert.5633 .1.REZ2007-1 000 1 Stall' Report 02.19 .2008.doc Page 7 01'9 Item # 15 Attachment number 1 Page 8 of 9 greater demand for water, the City has adequate capacity to serve the maximum potential development of the property. Wastewater As no change is proposed to the underlying future land use designation, the proposed rezoning will not degrade the City's current LOS for wastewater. Greater development may create more wastewater but the City has adequate capacity to handle the maximum potential increase in wastewater from the property. Solid Waste As no change is proposed to the underlying future land use designation, the proposed rezoning will not degrade the City's current LOS for solid waste disposal since there is excess capacity. Recreation and Open Space As currently developed, the Settlement Stipulation governed all Recreation and Open Space impact fees. If any overnight accommodation units and/or dwelling units are added and/or nonresidential floor area is increased, additional impact fees may be required. This fee is addressed through the site plan process and any required payment will be due prior to the issuance of building permits. Recommended Conclusions of Law Based upon the findings of fact, it has been determined that the maximum possible traffic increase generated by development on the property is within the requirements of the City's Comprehensive Plan. Further, there is minimal impact to water, wastewater and solid waste service. The proposed T district will not affect open space and recreation facilities or mass transit. IV. LOCATION OF DISTRICT BOUNDARIES [Section 4-602.F.6.] Recommended Findings of Fact The location of the proposed T District boundaries is logical and consolidates this property into the appropriate zoning district. The T zoning district is a compatible district with the adjacent B, HDR and MDR zoning districts located to the immediate north, south and west. The district boundaries are appropriately drawn in regard to location and classifications of streets, ownership lines, existing improvements and the natural environment. Approval of this zoning atlas amendment does not guarantee the right to develop on the subject property. Transportation concurrency must be met, and the property owner will have to comply with all laws and ordinances in effect at the time development permits are requested. Community Development Board - February 19, 2008 - Case REZ2007-10001 C:\Program Files\Neevia.Com\Document Converter\temp\PDFConvert.5633 .1.REZ2007-1 000 1 Stall' Report 02.19 .2008.doc Page 8 01'9 Item # 15 Attachment number 1 Page 9 of 9 SUMMARY AND RECOMMENDATION: An amendment of the zoning atlas from the B District to the T District for the subject property is requested. The property exceeds the minimum lot area and lot width requirements for restaurant, retail sales and services and offices. Surrounding uses include overnight accommodations to the north, attached dwellings to the west, attached dwellings to the south and the Intracoastal Waterway to the east. The proposed rezoning will be compatible with the existing neighborhood and is compatible with the existing future land use category and reflects the current mix of uses on the property. The proposed T District is consistent with the City Comprehensive Plan, is compatible with the surrounding area, does not conflict with the needs and character of the neighborhood and City, does not require nor affect the provision of public services and the boundaries are appropriately drawn. Based on the above analysis, the Planning Department recommends APPROVAL of the following action on the request: Amend the zoning atlas designation of 1241, 1261 and 1281 Gulf Boulevard and adjacent right - of - way from the Business (B) District to the Tourist (T) District. Prepared by Planning Department staff: Steven Everitt, Planner II Attachments: Application Resume Location Map Aerial Photograph Future Land Use Map Zoning Map Existing Surrounding Uses Map Site Photographs Community Development Board - February 19, 2008 - Case REZ2007-10001 C:\Program Files\Neevia.Com\Document Converter\temp\PDFConvert.5633 .1.REZ2007-1 000 1 Stall' Report 02.19 .2008.doc Page 9 01'9 Item # 15 ~<:) <QV S 0~ Owner: D.A. Bennett Company Location Map Case: Property Size (Acres) : R.O.W. Land Use Site: 1241, 1261 and 1281 Gulf Boulevard From: RFH To: RFH Zoning Attachment number 2 Page 1 of 6 PROJECT SITE R EZ2007 -10001 2.94 .75 PIN: 20/29/15/73427/000/0010 B T Atlas Page: 303B S:\Planning Department\C D B\Zoning Atlas Amendments\2007\REZ2007-10001 - 1241, 1261 and 1281 Gulf Boulevard\Maps\Location Map.doc Item # 15 Attachment number 2 Page 2 of 6 Aerial Photograph Owner: D.A. Bennett Company Case: R EZ2007 -10001 Site: 1241, 1261 and 1281 Gulf Boulevard Property Size (Acres) : 2.94 R.O.W. .75 Land Use Zoning PIN: 20/29/15/73427/000/0010 From: RFH B To: RFH T Atlas Page: 303B S:\Planning Department\C D B\Zoning Atlas Amendments\2007\REZ2007-10001 - 1241, 1261 and 1281 GulfBoulevard\Maps\Aerial Photograph.doc Item # 15 Attachment number 2 Page 3 of 6 RlOS WATER WATER WATER WATER 0'<- <P :8' Future Land Use Map Owner: D.A. Bennett Company Site: 1241, 1261 and 1281 Gulf Boulevard Case: Property Size (Acres) : R.O.W. R EZ2007 -10001 2.94 .75 Land Use Zoning PIN: 20/29/15/73427/000/0010 From: RFH B To: RFH T Atlas Page: 303B S:\Planning Department\C D B\Zoning Atlas Amendments\2007\REZ2007-10001 - 1241, 1261 and 1281 Gulf Boulevard\Maps\Future Land Use Map.doc Item # 15 Attachment number 2 Page 4 of 6 p p 0'<- <P :8' Zoning Map Owner: D.A. Bennett Company Site: 1241, 1261 and 1281 Gulf Boulevard Case: Property Size (Acres) : R.O.W. R EZ2007 -10001 2.94 .75 Land Use Zoning PIN: 20/29/15/73427/000/0010 From: RFH B To: RFH T Atlas Page: 303B S:\Planning Department\C D B\Zoning Atlas Amendments\2007\REZ2007-10001 - 1241, 1261 and 1281 GulfBoulevard\Maps\Zoning Map.doc Item # 15 Attachment number 2 Page 5 of 6 Hotel 8 Park Gulf of Mexico Intracoastal Waterway 0'<- <P :8' Existing Surrounding Uses Map Owner: D.A. Bennett Company Site: 1241, 1261 and 1281 Gulf Boulevard Case: Property Size (Acres) : R.O.W. R EZ2007 -10001 2.94 .75 Land Use Zoning PIN: 20/29/15/73427/000/0010 From: RFH B To: RFH T Atlas Page: 303B S:\Planning Department\C D B\Zoning Atlas Amendments\2007\REZ2007-1 000 1 - 1241, 1261 and 1281 Gulf Boulevard\Maps\Existing Surrounding Uses Map.doc Item # 15 View looking southeast at the subject property, 1241, 1261 and 1281 Gulf Boulevard View looking south of subj ect property along Gulf Boulevard View looking west of subject property Attachment number 2 View looking northeast at the subject property, 1241, 1261 and 1281 Gulf Boulevard View looking northwest of south subject property, along Gulf Boulevard View looking north from the subject property REZ2007 -10001 D. A. Bennett Company 1241, 1261 and 1281 Gulf Boulevard Item # 15 Attachment number 3 Page 1 of 1 ORDINANCE NO. 7909-08 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY REZONING CERTAIN PROPERTY LOCATED ON THE SOUTHEAST SIDE OF GULF BOULEVARD APPROXIMATELY 2900 FEET SOUTH OF CLEARWATER PASS BRIDGE CONSISTING OF LOT 1, SUBDIVISION OF RADISSON BAYSIDE HOTEL, WHOSE POST OFFICE ADDRESS IS 1241, 1261 AND 1281 GULF BOULEVARD, FROM BUSINESS (B) TO TOURIST (T); PROVIDING AN EFFECTIVE DATE. WHEREAS, the amendment to the zoning atlas of the City as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's Comprehensive Plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following described property in Clearwater, Florida, is hereby rezoned, and the zoning atlas of the City is amended as follows: Property Zoninq District See attached legal description (REZ2007 -10001 ) From: Business (B) To: Tourist (T) 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. 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 # 15 Ordinance No. 7909-08 Meeting Date: 3/17/2008 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Approve the Annexation, Land Use Plan Amendment from the Residential Suburban (RS) (City and County) category to the Residential Low (RL) and Institutional (I) category, Zoning Atlas Amendment from the A-E Agricultural Estate District (County) and Low Density Residential (LDR) District (City) to the Low Medium Density Residential (LMDR) and Institutional (I) Districts (City) for property located at 3280/3290 McMullen Booth Road (consisting of two parcels of land including Lot 1 Geiger Tract and the east 308.25 feet of the Northwest 1;.4 of the Northwest 1;.4 of Section 21, Township 28 South, Range 16 East less the south 208.75 feet and less the west 84 feet and less the east 100 feet thereof for road right-of-way and Pass Ordinances 7942-08, 7943-08 and 7944-08 on first reading. (ANX2005-02003 and LUZ2005-02002) SUMMARY: The subject site is comprised of two parcels of land totaling 4.50 acres in area. The site is located on the west side of McMullen Booth Road approximately 500 feet north of Mease Drive. Approximately 0.358 acres located at the northeastern corner of the property is located within unincorporated Pinellas County and is generally undeveloped. The remainder of the site is located in the City of Clearwater and is occupied by 14 attached dwellings within several one-story buildings. The annexation, future land use plan amendment and rezoning are requested by the applicant, Spinecare Properties, LLC who intends to construct a 45,000 square foot two story medical office building. The Community Development Board reviewed cases ANX2005- 02003, LUZ2005-02002, and DV A2005-0000l at its public hearing on May 17,2005 and unanimously recommended approval. The Community Development Board also approved site plan (FLD2005-0l0l4) with 16 conditions at that meeting. These requests were removed from consideration at the June 16, 2005 Council Meeting pending completion of an appeal of the Community Development Board's approval of the applicant's flexible development site plan application for the property. The applicant prevailed in the appeal and has requested that the City Council review the pending annexation, land use plan amendment and rezoning applications. In August 2007, due to the delays caused by litigation, the Planning Director approved a time extension to September 6, 2008. Provided the pending applications are approved by City Council, an application for building permit needs to be initiated to construct improvements by September 6, 2008. The applicant is requesting the annexation in order to consolidate the entire property within the City of Clearwater boundaries and to receive sewer and solid waste service. The Planning Department determined that the proposed annexation is consistent with the following standards specified in the Community 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 Law. . The proposed annexation is contiguous to existing municipal boundaries and represents a logical extension of the boundaries. Please refer to the annexation staff report (ANX2005-02003) for the complete analysis. The Pinellas Planning Council (PPC) staff reviewed this annexation and no objections were raised. The applicant is requesting to amend the Future Land Use Plan Map designation from Residential Suburban (RS) (County) to Residential Low (RL) and Institutional (I) City) and to rezone it from the A-E, Agricultural Estate District (County) and Low Density Residential (LDR) (City) District to the Low Medium Density Residential (LMDR) and Institutional (I) zoning districts. The Planning Department determined that the proposed land use plan amendment and rezoning applications are consistent with the following standards specified in the Community Development Code: . The proposed land use plan amendment and rezoning applications are consistent with the Comprehensive Plan. . The proposed use is compatible with the surrounding area. . Sufficient public facilities are available to serve the property. . The applications will not have an adverse impact on the natural environment. Cover Memo Item # 16 It should be noted, an updated traffic impact analysis was submitted to the City in February 2008. The updated traffic study was required in order to confirm that Level of Service issues had not changed. City staff determined the Level of Service of the applicable McMullen Booth Road segment will still be acceptable after the Spinecare site is developed. The development agreement reviewed by the Community Development Board will be scheduled for Council action when the land use plan amendment and rezoning are heard on second reading. The development agreement proposes to restrict the use of the site, the floor area of the medical office, the location of parking and retention, specifies buffering, etc. and will be presented for discussion only at the March 17,2008 City Council Work Session and the March 20, 2008 City Council meetings. Please refer to the land use plan amendment and rezoning staff report (LUZ2005-02002) for the complete analysis. In accordance with the Countywide Plan Rules, the future land use plan amendment is subject to the approval of the Pinellas Planning Council and the Board of County Commissioners acting as the Countywide Planning Authority. Review and approval by the Florida Department of Community Affairs is required. Review Approval: 1) Legal 2) Clerk 3) Assistant City Manager 4) Clerk 5) City Manager 6) Clerk Cover Memo Item # 16 Attachment number 1 Page 1 of 6 Location Map Owners: Spinecare Properties, LLC Case: LUZ2005-02002 Site: 3280 & 3290 McMullen Booth Road Property Size(Acres): 4.51 Land Use Zoning PIN: 21/28/16/00000/220/0100 From: RS (County) AE (County) & 21/28/16/30462/000/0010 LDR (City) To: RL & INS LMDR & I Atlas Page: 190A Item # 16 Attachment number 1 Page 2 of 6 Aerial Photograph Owners: Spinecare Properties, LLC Case: LUZ2005-02002 Site: 3280 & 3290 McMullen Booth Road Property Size(Acres): 4.51 Land Use Zoning PIN: 21/28/16/00000/220/0100 From: RS (County) AE (County) & 21/28/16/30462/000/0010 LDR (City) To: RL & INS LMDR & I Atlas Page: 190A Item # 16 Attachment number 1 Page 3 of 6 '" a '" '" 22 '" '" '" co a '" "- co a '" co co a '" R a '" HAMPTON CT RS a co a '" (;j a '" 12 a '" DOXBERRY CT :0 a '" '" co a M "- "- a M RL INS Future Land Use Plan Map Owners: Spinecare Properties, LLC Case: L UZ2005-02002 Site: 3280 & 3290 McMullen Booth Road Property Size(Acres): 4.51 Land Use Zoning PIN: 21/28/16/00000/220/0100 From: RS (County) AE (County) & 21/28/16/30462/000/0010 LDR (City) To: RL & INS LMDR & I Atlas Page: 190A Item # 16 Attachment number 1 Page 4 of 6 r--, I L_~ I I I I I I I__r~-" a " --, 1 Ij--L I I I I I_J-~--I a " I-l I I r--- I I I I I L.r-",-~_I a " (--'1 _J I I I - I U ~I".I '8-J " II I L__-. 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L---Tll I I I ' I I L-l______J Zoning Map Owners: Spinecare Properties, LLC Case: LUZ2005-02002 Site: 3280 & 3290 McMullen Booth Road Land Use Zoning From: RS (County) AE (County) & LDR (City) To: RL & INS LMDR & I Property Size(Acres): 4.51 PIN: 21/28/16/00000/220/0100 21/28/16/30462/000/0010 Atlas Page: 190A Item # 16 Attachment number 1 Page 5 of 6 HAMPTON CT "- I~r--I I" I I I -, I " I 'L.._J '" _~_r--I I" I I I 1- I " I 'L_J R ~--,_r~-l ...-__-, ...., I II ~ I I I "I L" I 1 J " I I I '1__1 I .....-- ,-_I 1--1___, I I I I S5 II s-fri g L_J g r--1 r--' /J I /1 I .....J' 11./ I : a I I f?1 L_--._gJ L,-_._~ I_l-~I , "I I I " I 'I__J " -LJ~ "I .:- I --l_J ------l I r---' I I -~ I I '------' I-I l__J rr-----------------I I I ~ I 1--1 L--'-_I-l_...J-~_r-L_J--....I I I I L, I I I - I : l__-, ---, I -""",--_J I-~ I I I L (-"'-----""3~62 -I ,--- I I L___J ---, L, I I- I ___J r--, I L_~ I I I I I I :__r~-' a " --, : Ij--L I I I I I_J-~--I a " I-l I I r--- I I I I I L.r-",-~_I a " I ~ I r;-- ~ I' .... 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(-~l SE _J I I I - I U -1".1 '8-J " 1..:-------1 321tp r J I (/' L --' GEIGER CT Medical I c______~ offices III I ' I I c-l______J Existing Surrounding Uses Owners: Spinecare Properties, LLC Case: LUZ2005-02002 Site: 3280 & 3290 McMullen Booth Road Property Size(Acres): 4.51 Land Use Zoning PIN: 21/28/16/00000/220/0100 From: RS (County) AE (County) & 21/28/16/30462/000/0010 LDR (City) To: RL & INS LMDR & I Atlas Page: 190A Item # 16 Existing structure on 3290 McMullen Booth Rd Property to the south Property to the east Attachment number 1 Page 6 of 6 Existing structures on 3280McMullen Booth Rd Property to the north Spinecare Properties, LLC LUZ2005-02002 3280 & 3290 McMullen Booth Road Item # 16 CDB Date: Case Number: Owner/ Applicant: Representative: Address: Agenda Item: Attachment number 2 Page 1 of 11 May 17,2005 LUZ2005-02002 (Related to ANX2005-02003, DV A2005-000Q1, and FLD2005-01014) Spinecare Properties, LLC Todd Pressman and Steve Seibert 3280/3290 McMullen Booth Road G-5 (Related to F-5, G-4 and G-6) CITY OF CLEARWATER PLANNING DEPARTMENT STAFF REPORT BACKGROUND INFORMATION REQUEST: SITE INFORMATION PROPERTY SIZE: PROPERTY USE: Current Use: Proposed Use: (a) Future Land Use PIan amendment from the Residential Suburban (RS) Classification (County and City) to the Residential Low (RL) Classification (City) (pending ANX2005-02003); (b) Future Land Use PIan amendment from the Residential Suburban (RS) Classification (County) to the Institutional (INS) Classification (City) (pending ANX2005-02003); (c) Rezoning from the Low Density Residential (LDR) District (City of Clearwater) to the Low Medium Density Residential (LMDR) District (City of Clearwater); and (d) Rezoning from the A-E, Agricultural Estate (County) to the Institutional (I) District (City of Clearwater) (pending ANX2005-02003). 196,272 square feet or 4.50 acres (220 feet wide by 8500 feet deep m.o.I.) 14 attached dwellings and one vacant detached dwelling and accessory structures Medical Clinic Staff Report - Community Development Board - May 17, 2005 - Case LUZ2005-02002 p~ # 16 Attachment number 2 Page 2 of 11 PLAN CATEGORY: Current Category: Proposed Category: Residential Suburban (RS) Classification (City and County) Residential Low (RL) and Institutional (INS) (City) ZONING DISTRICT: Current District: Proposed District: Low Density Residential (LDR) District (City) and A-E, Agricultural Estate (County) Low Medium Density Residential (LMDR) (City) and Institutional (I) (City) EXISTING SURROUNDING USES: North: Detached dwellings South: Assisted living facility and detached dwellings East: Medical clinic West: Detached dwellings ANAL YSIS: This Future Land Use PIan (FLUP) amendment and rezoning application involves two parcels of land, approximately 4.50 acres in area 10cated on the west side of McMullen Booth Road approximately 500 feet north of Mease Road. A vacant detached dwelling and accessory structures and 14 attached dwellings within two, one-story buildings currently occupy the site. Both parcels have a FLUP designation of Residential Suburban (RS). The northeast comer of the site, consisting of 0.358 acres, is included in a companion application to annex into the City of Clearwater (see ANX2005-02003) and is zoned A-E, Agricultural Estate District (Pinellas County). The remainder of the site consists of 4.142 acres and is 10cated within the City and has a zoning designation of Low Density Residential (LDR). The applicant is requesting to amend the FLUP designation of the western 2.06 acres of this 4.5 acre site to the Residential Low (RL) classification and to rezone it to the Low Medium Density Residential (LMDR) District. The applicant is also requesting to amend the FLUP designation of the eastern 2.44 acres of the site to the Institutional (INS) classification and to rezone it to the Institutional (I) District. The applicant plans to construct a medical clinic with paved, surfaced parking areas, landscaping and stormwater facilities (see FLD2005-0l0l4). A development agreement is being proposed between the applicant and the City for a period of 10 years that limits the use of the site to a 45,000 square foot medical clinic, while the land use pIan amendment and rezoning could possibly result in a maximum building size of 69,086 square feet. Furthermore, the proposed agreement would limit the use of the residentially zoned portion of the site to non-residential off-street parking (see DV A2005-0000l). In accordance with the Countywide PIan Rules, the FLUP amendment is subject to approval by the Pinellas Planning Council and Board of County Commissioners acting as the Countywide Planning Authority. Based on the acreage and density involved in this pIan amendment, review and approval by the Florida Department of Community Affairs is not required. Staff Report - Community Development Board - May 17, 2005 - Case LUZ2005-02002 lte~ if. 16 Attachment number 2 Page 3 of 11 I. CONSISTENCY WITH CITY'S COMPREHENSIVE PLAN [Section 4-603.F.l] Recommended Findings of Fact Applicable Goals, Objectives and Policies from the Clearwater Comprehensive PIan in support of the proposed land use pIan amendment are as indicated below: 2.1 Objective -The City of Clearwater shall continue to support innovative planned development and mixed land use development techniques in order to promote infill development that is consistent and compatible with the surrounding environment. 2.2.1 Policy - On a continuing basis, the Community Development Code and the site pIan approval process shall be utilized in promoting infill development and/or planned developments that are compatible. 3.0 Goal - A sufficient variety and amount of future land use categories shall be provided to accommodate public demand and promote infill development. 5.1.1 Policy - No new development or redevelopment will be permitted which causes the level of City services (traffic circulation, recreation and open space, water, sewage treatment, garbage collection, and drainage) to fall below minimum acceptable levels. However, development orders may be phased or otherwise modified consistent with provisions of the concurrency management system to allow services to be upgraded concurrently with the impacts of development. Recommended Conclusions of Law The proposed pIan amendment will result in land designated for institutional use along McMullen Booth Road in close proximity to Mease Hospital. Additionally it will enable infill development to occur without degrading the level of service of any public facility. The future land use pIan amendment and rezoning, along with the proposed Development Agreement (see DV A 2005-00001) will limit the maximum development potential of the site to ensure that development is compatible with the surrounding residential and institutional uses. The proposed future land use pIan amendment is not in conflict with any Clearwater Comprehensive PIan Goals, Objectives or Policies, and is consistent with the Clearwater Comprehensive PIan. II. CONSISTENCY WITH COUNTYWIDE PLAN Recommended Findings of Fact The purpose of the proposed Institutional (INS) Future Land Use PIan category, as specified by Section 2.3.3.7.3 of the Countywide Rules, is to depict those areas of the County that are now used, or appropriate to be used, for public/semi-public institutional purposes; and to recognize such areas consistent with the need, character and scale of the institutional use relative to surrounding uses, transportation facilities, and natural resource features. The primary uses permitted within the INS category are Public Educational Facilities; Private Schools; Colleges; Hospital, Medical Clinic; Church, Religious Institution, Cemetery; Funeral Home/Mortuary; Social/Public Service Agency; Child Day Care; Fraternal, Civic Organization; Municipal Office Staff Report - Community Development Board - May 17, 2005 - Case LUZ2005-02002 lte~ 1f. 16 Attachment number 2 Page 4 of 11 Building, Courthouse; Library; Public Safety Facility, Emergency Medical Service Building; and Convention Center. The secondary uses permitted with in this category are Residential Uses of up to a maximum of 12.5 dwelling units per acre; Residential Equivalent uses at a ratio of 3 beds per 1 permitted dwelling unit; Recreation/Open Space; Transportation/ Utility; and Ancillary Non - Residential. The purpose of the proposed Residential Low (RL) category, as specified in Section 2.3.3.1.4 of the Countywide Rules, is to depict those areas of the County that are now developed, or appropriate to be developed, in a 10w density residential manner; and to recognize such areas as primarily well-suited for residential uses that are consistent with the 10w density, non-intensive qualities and natural resource characteristics of such areas. The Residential Low (RL) category is generally appropriate to 10cations outside urban activity centers; in areas where use and development characteristics are 10w density residential in nature; and in areas serving as a transition between more suburban and more urban residential areas. Residential uses are the primary uses in this pIan category up to a maximum of five (5) dwelling units per acre. Secondary uses permitted in the RL classification include Residential Equivalent uses permitted at a ratio of three beds to one permitted units, Institutional, Transportation/Utility, Public Educational Facility, Ancillary Non-Residential, and Recreation/Open Space uses. As stated earlier, the 2.44-acre portion of the site fronting McMullen Booth Road is proposed to be designated INS and the remaining 2.06 acres is proposed as RL. The FLUP Map pattern along the west side of McMullen Booth Road in the vicinity of the subject site is institutional to the south of the site and residential to the north and west. There is a consistent pattern of INS designated land use fronting on McMullen Booth Road with residential land uses (Residential Suburban and Residential Urban) abutting to the west. Furthermore, the generalland pattern is that larger tracts (mostly un-platted parcels that front on McMullen Booth Road) have access on McMullen Booth Road. The land designated for residential purposes has generally been platted and does not have access onto McMullen Booth Road. The compatibility of institutional and residential land uses is evidenced by existing land use patterns and by the fact that the Countywide Rules allow residential uses in the INS classification and institutional uses in all residentialland use classifications. McMullen Booth Road in the vicinity of the subject site is designated as a Primary Corridor of the Scenic/Non-Commercial Corridor (SNCC). It also has a Residential classification on the SNCC Map. Section 4.2.7.1.4 of the Countywide Rules indicate that public/semi-public future land use pIan classifications (which includes the INS category) may be appropriate within the Residential Corridor based on the character, intensity and scale of the uses permitted in relation to the existing delineation of pIan categories, adjoining existing uses, and the need for such uses. Based on the existing development patterns in the vicinity of the subject site and the site's close proximity to Mease Hospital, the proposed INS and RL designations are consistent with the SNNC Residential designation. Staff Report - Community Development Board - May 17, 2005 - Case LUZ2005-02002 lte~# 16 Attachment number 2 Page 5 of 11 Recommended Conclusions of Law The proposed 10cations of the INS and RL future land use pIan categories are consistent with the purpose and 10cational characteristics of the Countywide PIan. Additionally the proposed categories are consistent with the Residential Classification of the Primary Corridor of the Scenic/Non -Commercial Corridor. III. COMPA TIBILITY WITH SURROUNDING PROPERTY/CHARACTER OF THE CITY & NEIGHBORHOOD [Sections 4-602.F.2 & 4-603.F.3] Recommended Findings of Fact In the vicinity of the subject site, McMullen Booth Road is a six-lane divided arterial roadway that is controlled by traffic signals at SR 580, Mease Drive and Curlew Road. McMullen Booth Road is characterized by a variety of institutional uses including an assisted living facility, a hospital, medical clinics, a nursing home, and educational facilities, as well as offices, single- family and multi-family residential, open space and utility uses. Primarily single-family dwellings characterize the immediate area to the southwest, northwest and west of the subject site and an assisted living facility is 10cated adjacent to the south of the site. Land 10cated on the west side of McMullen Booth Road between the subject site south to SR 580 is designated Institutional (INS) on the FLUP Map with the exception of some Preservation (P) designated land at the Chi Chi Rodriguez Golf Course and one small parcel designated Residential/0ffice Limited. The area to the north and west is developed with single-family platted subdivisions designated Residential Suburban (RS) and Residential Urban (RU). The remainder of FLUP designations on the east and west side of McMullen Booth Road are Residential/0ffice Limited, Residential/0ffice/Retail, Residential/0ffice General, Preservation, Recreation/Open Space, and Residential Estate. Recommended Conclusions of Law The proposed FLUP amendment and rezoning is compatible with surrounding uses and designations due to the similarity of land use patterns of institutional property adjacent to residential property, the general institutional character of this area along McMullen Booth Road and the site's close proximity to Mease Hospital. The proposed FLUP and zoning atlas amendments are compatible with surrounding properties and the character of the City and neighborhood. IV. SUFFICIENCY OF PUBLIC FACILITIES Recommended Findings of Fact As stated earlier, the overall subject site is approximately 4.50 acres in area and is presently occupied by 14 attached dwellings within two buildings and a vacant detached dwelling. The applicant is requesting to amend the FLUP designation of the western 2.06 acres of the site to the Residential Low (RL) classification and to rezone it to the Low Medium Density Residential (LMDR) District. The applicant is also requesting to amend the FLUP designation of the eastern 2.44 acres of the site to the Institutional (INS) classification and to rezone it to the Institutional (I) District. Based on a maximum permitted density of 2.5 units per acre in the Residential Staff Report - Community Development Board - May 17, 2005 - Case LUZ2005-02002 lte~ 11- 16 Attachment number 2 Page 6 of 11 Suburban (RS) category, 5 dwelling units could be constructed on this portion of the site. The allowable development potential in the Residential Low (RL) category is five units per acre, which would allow 10 dwelling units to be constructed on the western 2.06 acres of this site. The allowable development potential in the Institutional (INS) category is 12.5 dwelling units per acre or a floor area ratio of 0.65, which would allow 30 dwellings units or 69,086 square feet of gross floor area to be constructed on the eastern 2.44 acres of the site. Roadways The accepted methodology for reviewing the transportation impacts of proposed pIan amendments is based on the Pinellas Planning Council's (PPC) traffic generation guidelines. The PPC's traffic generation rates have been calculated for the subject site based on the existing and proposed FLUP categories and are included in the next tables. The first table examines the maximum potential traffic of the FLUP amendment from the Residential Suburban (RS) to the Residential Low (RL) classification. The second table examines the maximum potential traffic of the FLUP amendment from the Residential Suburban (RS) to the Institutional (INS) classification. Maximum Daily Added Potential Trips N/A 58 105 47 Maximum PM Peak Hour Added Potential Trips 3 N/A 5 10 5 Volume of McMullen Booth Road from Curlew Road to 55,697 55,755 55,802 47 S.R.580 LOS of McMullen Booth Road from Curlew Road to S.R. A A A A 580 N/A = Not Applicable LOS = Level-of-Service 1 = Based on PPC calculations of trips per acre per day for the Residential Suburban Future Land Use Category. on per acre per 3 = Based on MPO K-factor of 0.095 Source: "The Rules" of the Countywide Future Land Use Plan Staff Report - Community Development Board - May 17, 2005 - Case LUZ2005-02002 lte~ ff. 16 Attachment number 2 Page 7 of 11 Maximum Daily Added Potential Trips N/A 68 407 339 Maximum PM Peak Hour Added Potential Trips 3 N/A 6 39 33 Volume of McMullen Booth Road from Curlew Road to 55,697 55,765 56,104 339 S.R.580 LOS of McMullen Booth Road from Curlew Road to S.R. A A A A 580 N/A = Not Applicable LOS = Level-of-Service 1 = Based on PPC calculations of trips per acre per day for the Residential Suburban Future Land Use Category. 2 = Based on PPC calculations of trips per acre per day for the Institutional Future Land Use Category. 3 = Based on MPO 0.095 Source: "The Rules" of the Countywide Future Land Use Plan Based on the 2003 Pinellas County Metropolitan Planning Organization (MPO) Level of Service Report, the segment of McMullen Booth Road from Curlew Road to S.R. 580 has a LOS of A. Although the proposed FLUP categories of Residential Low (RL) and Institutional (INS) could generate an increase in PM Peak Hour traffic on this segment of McMullen Booth Road by a total of 38 trips; however, this increase in trips would be an increase of less than one percent and will not result in the degradation of the existing LOS to the surrounding road network. An accompanying development agreement (see DV A2004-00003) willlimit the use of the site so it is likely that the projected traffic volumes will be even less than indicated above. Specific uses in the current and proposed zoning districts have also been analyzed for the level of vehicle trips that could be generated based on the Institute of Transportation Engineer's Manual. Existing Zoning(LMDR/A-E)/Future Land Use Plan (RS) Single- family residential 5 48 N/A 5 N/A dwelling units Proposed Zoning(LMDR) /Future Land Use Plan (RL) Single- family residential 10 96 48 10 5 dwelling units Apartments (6.63 10 66 18 7 2 dwelling units Staff Report - Community Development Board - May 17, 2005 - Case LUZ2005-02002 lte~ '# 16 Attachment number 2 Page 8 of 11 Existing Zoning(LMDR/A-E)/Future Land Use Plan (RS) S ingle- family residential 5 48 N/A 5 N/A dwelling units Proposed Zoning(I) /Future Land Use Plan (INS) Nursing Home (2.61 91 238 190 33 28 dwelling units Place of Worship (9.11 69,086 629 582 97 92 dwelling units Medical Clinic (31.45 69,086 2,173 2,125 368 363 dwelling units The City of Clearwater Engineering Department has concluded that the transportation impacts associated with this land use pIan amendment will not result in the degradation of the existing LOS to the surrounding road network, as the traffic generation associated with the proposed amendment will not exceed one percent of the existing PM Peak hour trips of McMullen Booth Road. In addition, no impact to the operational efficiency of the signalized intersections within the subject area is anticipated by the proposed amendment. Mass Transit The Citywide LOS for mass transit will not be affected by the proposed pIan amendment. The total miles of fixed route service will not change; the subject site is 10cated along an existing transit route and headways are less than or equal to one hour. Pinellas Suncoast Transit Authority (PSTA) bus service is available along North McMullen Booth Road. Water The current FLUP category could use up to 2,750 gallons per day. Under the proposed FLUP categories, water demand could approach approximately 9,409 gallons per day. As a portion of the property will be limited to parking, it is likely that the increase will be less than projected. The proposed land use will not negatively affect the City's current LOS for water Wastewater The current FLUP category could produce up to 2,200 gallons per day. Under the proposed FLUP categories, sewer demand could approach approximately 7,530 gallons per day. As a portion of the property will be limited to parking, it is likely that the increase will be less than projected. The proposed land use amendment will not negatively affect the City's current LOS for wastewater. Staff Report - Community Development Board - May 17, 2005 - Case LUZ2005-02002 lte~ if. 16 Attachment number 2 Page 9 of 11 Solid Waste The current Residential Suburban FLUP category would result in the production of 28 tons of solid waste per year. Under the proposed FLUP categories, the maximum development of 10 dwelling units could generate 25 tons of solid waste per year. The proposed medical office with ancillary non-residential off-street parking 10t could generate 160 tons of solid waste per year. The proposed land use and pIan amendment will not negatively affect the City's current LOS for solid waste disposal. Recreation and Open Space The proposed future land use pIan and zoning designations will permit the development of up to 11 dwelling units and 69,086 square feet of gross floor area; however, as the use of the site is proposed to be limited to a medical office with ancillary non-residential off-street parking for the next ten years via a development agreement (case# DV A2005-0000l), payment of an Open Space, Recreation Land and Recreation Facility impact fee will not be required at this time. Open Space, Recreation Land and Recreation Facility impact fees will be required if the property is ever developed with residential uses. The amount and timing of this fee is dependent on the number of developed units and will be addressed and paid during the site pIan review process. Recommended Conclusions of Law Based on the findings of a traffic study submitted by the applicant and reviewed by the Clearwater Engineering Department, the proposed FLUP amendment and rezoning will result in an increase in traffic volumes, however, the level of service of this segment of McMullen Booth Road will not be degraded. It has also been determined that the amendment and rezoning will not negatively affect the City's current level of service for water, wastewater, solid waste disposal or mass transit. Based on the findings above, the proposed FLUP and rezoning does not require nor affect the provision of public services in a negative manner. V. IMPACT ON NATURAL ENVIRONMENT [Section 4-603.F.5.] Recommended Findings of Fact No jurisdictional wetlands are 10cated on the subject site; however, the site has significant vegetation. A provision of the proposed development agreement (see DV A2005-0000l) will require that 70% of existing trees with a diameter greater than 12 inches be preserved. Prior to development of the subject property, site pIan approval will be required. A site pIan has been submitted concurrent with this application (case FLD2005-0l0l4) which includes a stormwater management system that meets all City and Southwest Florida Water Management District (SWFWMD) stormwater management criteria. Water quantity and quality will be controlled in compliance with the Clearwater Comprehensive PIan. Recommended Conclusions of Law The site has significant trees on the site but no wetlands. The natural environment of the site will be protected through the City's tree preservation and stormwater management requirements, as well as provisions of a proposed Development Agreement (see DV A2005-0000l). The proposed FLUP amendment and rezoning will not result in adverse impacts on the natural environment. Staff Report - Community Development Board - May 17, 2005 - Case LUZ2005-02002 lte~ cjf. 16 Attachment number 2 Page 10 of 11 VI. LOCATION OF DISTRICT BOUNDARIES [Section 4-602 .F.6.] Recommended Findings of Fact: The 10cation of the proposed Low Medium Density Residential (LMDR) District and Institutional (I) boundaries are 10gical based on surrounding FLUP patterns along the west side of the McMullen Booth Road corridor. It will blend into the existing Low Medium Density Residential (LMDR) District to the north and the Low Density Residential (LDR) District to the south and west. The 10cation of the I District boundaries is also consistent with the HF, Hospital Facility District (City of Safety Harbor) to the immediate south. Recommended Conclusions of Law: The proposed zoning district boundaries are appropriately drawn in regard to 10cation and classifications of streets, ownership lines, development patterns and the natural environment. VII. CONSISTENCY OF DEVELOPMENT WITH COMMUNITY DEVELOPMENT CODE AND CITY REGULATIONS [Sections 2-1001.1. & 4-602.F.1. and .2.] Recommended Findings of Fact: The existing FLUP category and zoning districts permit a density of 2.5 dwelling units per acre and an impervious surface ratio (ISR) of 0.60. The proposed RL future land use category and LMDR District and INS land use and I District are more intensive. The LMDR District permits a density of five dwelling units and an ISR of .60. The I District permits 12.5 dwelling units per acre and an ISR of 0.65. Under the current LMDR zoning district provisions, a minimum 10t width of 50 feet and a minimum 10t area of 5,000 square feet are required. Under the current I zoning district provisions, a minimum 10t width of 100 feet and a minimum 10t area of 20,000 square feet are required. The subject site is approximately 196,272 square feet in 10t area and 220 feet in 10t width. Recommended Conclusions of Law: The proposed use of this property as a medical clinic with ancillary non-residential off-street parking is consistent with the uses allowed as part of a Level Two Flexible Development use in the Institutional (I) and Low Medium Density Residential (LMDR) zoning districts, respectively. Non-residential off-street parking facilities do not have a minimum 10t area or width requirement in the Low Medium Density Residential (LMDR) District. The subject property exceeds the City's minimum LMDR and I District's dimensional requirements and is therefore consistent with the Community Development Code. Approval of this land use plan amendment and zoning district designation does not guarantee the right to develop on the subject property. Transportation concurrency must be met, and the property owner will have to comply with all laws and ordinances in effect at the time development permits are requested. Staff Report - Community Development Board - May 17, 2005 - Case LUZ2005-02002 ltQlll# 16 Attachment number 2 Page 11 of 11 SUMMARY AND RECOMMENDATIONS An amendment of the FLUP Map from the Residential Suburban (RS) category to the Residential Low (RL) and Institutional (INS) categories and a rezoning from the A-E, Agricultural Estate District (County) and the Low Density Residential (LDR) District (City) to the Low Medium Density Residential (LMDR) and Institutional (I) Districts is requested. The proposed designations meet the purpose and 10cational requirements of the Countywide PIan; the use of the property is consistent with the proposed designations; the property exceeds the minimum dimensional requirements of the Community Development Code and is consistent with the Clearwater Comprehensive PIan. Based on the recommended findings of fact and recommended conclusions of law, the Planning Department recommends the following actions on the request: a) Recommend APPROVAL of the Future Land Use PIan amendment from the Residential Suburban (RS) Classification (County and City) to the Residential Low (RL) Classification (City) (pending ANX2005-02003); b) Recommend APPROVAL of the Future Land Use PIan amendment from the Residential Suburban (RS) Classification (County) to the Institutional (INS) Classification (City) (pending ANX2005-02003); c) Recommend APPROVAL of the Rezoning from the Low Density Residential (LDR) District (City of Clearwater) to the Low Medium Density Residential (LMDR) District (City of Clearwater); and d) Recommend APPROVAL of the Rezoning from the A-E, Agricultural Estate (County) to the Institutional (I) District (City of Clearwater) (pending ANX2005-02003). Prepared by Planning Department staff: Mark T. Parry, Consulting Planner Attachments: Application Location Map Aerial Photograph of Site and Vicinity Land Use PIan Map Zoning Map Existing Surrounding Uses Site Photographs S:\Planning Department\C D B\Land Use Amendments\LUZ 2005\LUZ2005-02002 3280-3290 McMullen Booth Rd SpineL'are Properties\Final LUZ2005-02002 Staff Report. doc Staff Report - Community Development Board - May 17, 2005 - Case LUZ2005-02002 ltQlll# 16 CDB Date: Case Number: Owner/ Applicant: Representative: Address: Agenda Item: Attachment number 3 Page 1 of 5 May 17,2005 ANX2005-02003 (Related to DV A2005-000Q1, LUZ2005-02002 and FLD2005-01014) Spinecare Properties, LLC Todd Pressman and Steve Seibert 3290 McMullen Booth Road G-4 (Related to F-5, G-5 and G-6) CITY OF CLEARWATER PLANNING DEPARTMENT STAFF REPORT BACKGROUND INFORMATION REQUEST: SITE INFORMATION PROPERTY SIZE: PROPERTY USE: Current Use: Proposed Use: Annexation of 0.358-acres to the City of Clearwater to be included as part of a pending land use and zoning case (LUZ2005-02002). 0.358 acres (124 feet wide by 124 feet deep) Detached dwelling and accessory uses Medical Office PLAN CATEGORY: Current Category: Proposed Category: ZONING DISTRICT: Current District: Proposed District: ADJACENT USES: Residential Suburban (RS) Classification (County) Institutional (I) (City) (pending LUZ2005-02002) A-E, Agricultural Estate (County) Institutional (I) (City) (pending LUZ2005-02002) North: Detached dwellings South: Nursing home East: Medical clinic West: Detached dwellings Staff Report - Community Development Board -May 17, 2005 - Case ANX2005-02003 Item # 16 Page 1 Attachment number 3 Page 2 of 5 ANAL YSIS: This annexation involves 0.358 acres property, 10cated on the west side of McMullen Booth Road approximately 500 feet north of Mease Road. The property is contiguous with the existing City boundaries to the north, south and west; therefore, the proposed annexation is consistent with Pinellas County requirements with regard to voluntary annexation. The applicant is requesting this annexation so the property can be included as part of a medical office redevelopment project that includes the adjacent parcel to the west. A companion application to amend the Future Land Use PIan category of the site from Residential Suburban (RS) to Institutional (I), and to rezone it from Agricultural Estate (A-E) (County) to the Institutional (I) District is being processed concurrently with this annexation request in LUZ2005-02002 (see agenda item G-5). I. IMPACT ON CITY SERVICES: Recommended Findings of Fact Water and Sewer The applicant receives water service from Pinellas County. Sanitary sewer service will be provided by the City of Clearwater and the City has adequate capacity to serve this property. The closest sanitary sewer line is 10cated in the adjacent parcel to the west. The applicant is aware of the costs to extend service to this site, as well as the applicable impact fees and utility deposits that must be paid at the time building permits are issued Solid Waste Collection of solid waste will be provided by the City of Clearwater. The City has an interlocal agreement with Pinellas County to provide for the disposal of solid waste at the County's Resource Recovery Plant and capacity is available to serve the property. Police The property is 10cated within the East Police District and service will be administered through the District 3 Substation 10cated at 2851 McMullen Booth Road and County Road 580. There are currently 56 patrol officers and seven patrol sergeants assigned to this district. Community policing service will be provided through the City's zone system and officers in the field. The Police Department has stated that it will be able to serve this property and the annexation will not adversely affect police service and response time. Fire and Emergency Medical Services Fire and emergency medical services will be provided to this property by Station #50 10cated at 2681 Countryside Boulevard. The Fire Department will be able to serve this property and the annexation will not adversely affect fire and EMS service and response time. Staff Report - Community Development Board -May 17, 2005 - Case ANX2005-02003 Item # 16 Page 2 Attachment number 3 Page 3 of 5 Recommended Conclusions of Law The City has adequate capacity to serve this property with sanitary sewer, solid waste, police, fire and EMS service. The proposed annexation will not have an adverse effect on public facilities and their levels of service. II. CONSISTENCY WITH CITY'S COMPREHENSIVE PLAN: [Section 4-604.F.2] Recommended Findings of Fact The proposed annexation is consistent with promoting the following goal and objective of the City of Clearwater Comprehensive PIan: 2.4 Objective - Compact urban development within the urban service area shall be promoted through application of the Clearwater Community Development Code. 3.0 Goal - A sufficient variety and amount of future land use categories shall be provided to accommodate public demand and promote infill development. Recommended Conclusions of Law The property proposed for annexation is 10cated within an enclave within the City's urban service area. The proposed annexation is consistent with the City's Comprehensive PIan. III. CONSISTENCY OF DEVELOPMENT WITH COMMUNITY DEVELOPMENT CODE AND CITY REGULATIONS: [Sections 2-1001.1. & 4-604.F.5.] Recommended Findings of Fact The site is currently zoned A-E, Agricultural Estate District in the County. The applicant proposes to rezone the property to the Institutional District. The proposed rezoning is being processed concurrently with the annexation and is thoroughly analyzed and discussed in the staff report for LUZ2005-02002 (see agenda item G-5). Recommended Conclusions of Law The appropriate zoning of the subject property is to be determined as part of LUZ2005-02002. IV. CONSISTENCY WITH THE COUNTYWIDE PLAN: Recommended Findings of Fact A change is requested to the Countywide Comprehensive PIan category of this site from the Residential Suburban (RS) category to the Institutional (I) category in LUZ2005-02002 (see agenda item G-5). The proposed land use pIan amendment is being processed concurrently with the annexation and is more thoroughly analyzed and discussed in the staff report for LUZ2005- 02002 (see agenda item G-5). Staff Report - Community Development Board -May 17, 2005 - Case ANX2005-02003 Item # 16 Page 3 Attachment number 3 Page 4 of 5 In accordance with the Countywide PIan Rules, the future land use pIan amendment is subject to the approval of the Pinellas Planning Council (PPC) and the Board of County Commissioners acting as the Countywide Planning Authority. Recommended Conclusions of Law The appropriate pIan category of the property is to be determined as part of LUZ2005-02002. V. CONSISTENCY WITH PINELLAS COUNTY LAW: Recommended Findings of Fact Pursuant to Pinellas County Ordinance No. 00-63, the Pinellas Planning Council staff has reviewed this annexation and determined it complies with all applicable ordinance criteria. Pinellas County Ordinance No. 00-63(l)(a) requires that a proposed annexation be both contiguous to the existing municipal boundaries and compact. This site is contiguous with the existing City boundaries to the north, south and east and represents a 10gical and appropriate extension of the existing boundaries. The compactness standard requires that the annexation not create an enclave or a serpentine pattern of municipal boundaries. Recommended Conclusions of Law The property proposed for annexation is contiguous to city boundaries and is compact in its concentration; therefore the annexation of this property is consistent with Pinellas County Ordinance No. 00-63. VI. CODE ENFORCEMENT ANALYSIS: There are no current code enforcement violations or any code enforcement history on this site. SUMMARY AND RECOMMENDATIONS: The proposed annexation can be served by City of Clearwater services, including sanitary sewer, solid waste, police, fire and emergency medical services without any adverse effect on the service level. The property already receives City water service. The proposed annexation is consistent with both the City's Comprehensive PIan and is consistent with Pinellas County Ordinance No. 00-63 regarding municipal annexation. Based on the recommended findings of fact and conclusions of law, the Planning Department recommends APPROVAL of the annexation of 0.358-acres to the City of Clearwater. Prepared by Planning Department Staff: Mark T. Parry, Consulting Planner Staff Report - Community Development Board -May 17, 2005 - Case ANX2005-02003 Item # 16 Page 4 Attachment number 3 Page 5 of 5 Attachments: Application Location Map Aerial Photograph Proposed Annexation Surrounding Uses Map Site Photographs S:\Planning Department\C D /J\Annexations\ANX - 2005\ANX2005-02003 3280 McMullen Booth SpineL'are Properties\4NX2005-02003 staff report. doc Staff Report - Community Development Board -May 17, 2005 - Case ANX2005-02003 Item # 16 Page 5 Attachment number 4 Page 1 of 7 Location Map Owner: Spinecare Properties, LLC Case: ANX2005-02003 Site: 3290 McMullen Booth Road Property Size (Acres): 0.35 Land Use Zoning From: RS (County) AE (County) To: INS Atlas Page: PIN: 21/28/16/00000/220/0100 190A Item # 16 Attachment number 4 Page 2 of 7 Aerial Photograph Owner: Spinecare Properties, LLC Case: ANX2005-02003 Site: 3290 McMullen Booth Road Property Size (Acres): 0.35 Land Use Zoning PIN: 21/28/16/00000/220/0100 From: RS (County) AE (County) To: INS Atlas Page: 190A Item # 16 -~ I I I I _J I I I I I 3263 321L---,__~ .J-' r-"" I I I L_" I I Ll___1 11251-----1 L I I c" 'I (,,- L --' II I L~__ I I I I I rigJ l_...J ~ Owner: Site: From: To: r-------I L, .......J I // l32tillJ Attachment number 4 Page 3 of 7 HAMPTON CT t... ,__r-~ I 9" I I -, I , I '-L_J L() r-- ~ I-~- I r-~_r~-l .--__.., q; I"? II II -~ l_, I L..... I 1 I , I , I I i l_J 'l_-.J l__I-- 1--1__-1 I I :ill i;J ~ L_...!s~~ r--1 r--1 /J I /1 1 ./ I r./ I I ",I I ~I I r::;1 ~ gl L_-...,_.~:d '--l.__J DOXBERRY CT ,...r-----------------I I I ~ I 1--1 L--'-_I-l_...J-~_r-L_J--....I I I I " I I I - I I l__-, 1 1- \ { I r~ ~, /, ...-/ "- / ~ / > / ( / , / " / '~,,/ //'\ ~~ / "- ") ( > J ( / " , , 3'([4'11',./ I-I L r I L_______ , I I '" I "J I I L-l______J Proposed Annexation Map Spinecare Properties, LLC Case: ANX2005-02003 3290 McMullen Booth Road Property Size (Acres): 0.35 Land Use Zoning PIN: 21/28/16/00000/220/0100 RS (County) AE (County) INS Atlas Page: 190A Item # 16 I I _J I J 1-" I I ~I I r-.J L ~268 ----Jf'62 ,--- I __J ------, _, ~_~56 I I " I I _S----I : ,--I I J : : 3250 l (--"1 I _J I I I I I I U--I;;:: -.J Lo..J <'l Owners: Site: From: To: Attachment number 4 Page 4 of 7 -u--i __--=--~ ,__J--ill ,-----~ '" "'- ,T I'l'l ~ I ~ r--1.-,2 IOj ~-""r'" ,J I II r I ..... I "" I~ I I l_ II I I I -, 1-, --I 1 " I -'--, I -I : I .-_J 1 __J L_J I__J 1__J : J : -- L ,...r-----------------I I I ~ I 1--1 L--L_J-l_--'-~_r-L_.J----' : I, GEIGER I I : I L__J r I I I L, " ~2Bil~S I I I I I 3263 32iL---1 J--' r-""--i I I L__ I I LL___I , ( I r .g251-----1 , I I r" 'I (..- , -' II I L~__ I I I I : r~-1 L_-, ~ ~, /,--...-1 "> , I I I " I " I '1:"/ //'",- ';)t>c / " ") ( , I-I L J I L______~ , I : '" Future Land Use Map McMullen Booth Developers, LLC Case: ANX2005-02003 3290 McMullen Booth Road Property Size (Acres): 0.35 Land Use Zoning PIN: 21/28/16/00000/220/0100 RS (County) AE (County) INS Atlas Page: 190A Item # 16 I I _J I J " !;:: iIJ-I-1 ~ - __~ I I ,;;1 -'J I L-., I ,,,,, I" I I L__ I-J 'L_J I I I I l__' J ,-" I I ~I I r-.J L ~268 ----Jf'62 ,--- 1 __J ------, _, ~_~56 I I " I 1 _S----, : ,--I I J : : 3250 l (--"1 I _J I 1 I I I I U--';;:: -.J Lo..J '" Attachment number 4 Page 5 of 7 _ L()_r-_ r~- ..... I 8 I __- '" I _--, '" I'" :1 :: ~ l_, I L..... I I I " I "" I I ! l_J 1__1 1__1-- r--l r--' D J I I I / 1.// I tJ all ~l s'-"o I 8;: L gl 1 C'? L_-c-~.J "'--""I.__.J DOXBERRY CT -u--i __--=--~ ,__J--ill ,-----~ '" "'- ,T I'l'l ~ I ~ r--1.-,2 IOj ~-""r'" ,J I II r I ..... I "" I~ I I l_ II I I I -, 1-, --I 1 " I -'--, I -I : I .-_J 1 __J L_J I__J 1__J : J : -- L ,...r-----------------I I I ~ I 1--1 L--L_J-l_--'-~_r-L_.J----' : I, GEIGER 1 I : I l__J r I I 1 II ........................1 32tillJ 32iL---, J--' r-""--i I I L__ I I LL___I .g251-----, , I I r" 'I (....... , -' II I L~__ I I I I : r~-' L_-, ~ ~, /,--...-1 "> , I / / " / " / '1:"/ //'",- ';)t>c / " ") ( , I-' L J I L______~ , I : ", Zoning Map Owners: McMullen Booth Developers, LLC Case: ANX2005-02003 Site: 3290 McMullen Booth Road Property Size (Acres): 0.35 Land Use Zoning PIN: 21/28/00000/220/0100 From: RS (County) AE (County) To: INS Atlas Page: 190A Item # 16 Attachment number 4 Page 6 of 7 HAMPTON CT L() r-- ~ 1-i:S- I r-~_r~-l .--__.., &; 1 0) : : : : -i'! l_, I L"",\ I 1 I , 1 " 1 1 I 1-_J 'L_-.J l__I-- -~ 1 1 1 1 _J ~r-----------------I 1 1 ~ 1 1--1 L--,-_I-l_...J-~_r-L_J--....I : l, 1 1 - l_J residential r-------: l, .......J 1 // 32tillJ 1---1 : -) 1 1 326 J~ 321z----'__~ 1.]--' i-L_J 1 1 LL___I II I L~__ I I 1 1 : ri!:-.J l_-, g --I L J I c_______ , 1 : \ 1 _J 1 1 c_ 1 l_______ Existing Surrounding Uses Map Owner: Spinecare Properties, LLC Case: ANX2005-02003 Site: 3290 McMullen Booth Road Property Size (Acres): 0.35 Land Use Zoning PIN: 21/28/16/00000/220/0100 From: RS (County) AE (County) To: INS Atlas Page: 190A Item # 16 Existing structure on 3290 McMullen Booth Rd Property to the south Property to the east Attachment number 4 Page 7 of 7 Existing structures on 3280McMullen Booth Rd Property to the north Spinecare Properties, LLC ANX2005-02003 3280 & 3290 McMullen Booth Road Item # 16 Attachment number 5 Page 1 of 2 ORDINANCE NO. 7942-08 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTY CONSISTING OF 0.358- ACRES LOCATED ON THE WEST SIDE OF MCMULLEN BOOTH ROAD, APPROXIMATELY 500 FEET NORTH OF MEASE DRIVE, CONSISTING OF METES AND BOUNDS 22/01, A PORTION OF SECTION 21, TOWNSHIP 28 SOUTH, RANGE 16 EAST, WHOSE POST OFFICE ADDRESS IS 3290 MCMULLEN BOOTH ROAD, 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: See legal description attached hereto (ANX2005-02003) 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 # 16 Ordinance No. 7942-08 Attachment number 5 Page 2 of 2 Legal Description for ANX2005-02003 The East 308.25 feet of the North 'V4 of the Northwest 'V4 of the Northwest 'V4 of Section 21, Township 28 South, Range 16 East, Pinellas County, Florida. Less the South 208.75 feet and less the West 84 feet, and Less the East 100 feet thereof for road right-of-way. Item # 16 Ordinance No. 7942-08 Attachment number 6 Page 1 of 3 ORDINANCE NO. 7943-08 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 WEST SIDE OF MCMULLEN BOOTH ROAD, APPROXIMATELY 500 FEET NORTH OF MEASE DRIVE, CONSISTING OF METES AND BOUNDS 22/01 IN A PORTION OF SECTION 21, TOWNSHIP 28 SOUTH, RANGE 16 EAST, WHOSE POST OFFICE ADDRESS IS 3290 MCMULLEN BOOTH ROAD, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS INSTITUTIONAL; AND CHANGE THE LAND USE DESIGNATION FOR CERTAIN REAL PROPERTY LOCATED ON THE WEST SIDE OF MCMULLEN BOOTH ROAD, APPROXIMATELY 500 FEET NORTH OF MEASE DRIVE, CONSISTING OF LOT 1, GEIGER TRACT, A PORTION OF SECTON 21, TOWNSHIP 28 SOUTH, RANGE 16 EAST; WHOSE POST OFFICE ADDRESS IS 3280 MCMULLEN BOOTH ROAD, FROM RESIDENTIAL SUBURBAN TO RESIDENTIAL LOW AND INSTITUTIONAL; PROVI 01 NG 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 See legal description "A" attached hereto. (LUZ2005-02002) Land Use CateQorv To: Institutional Section 2. The future land use plan element of the comprehensive plan of the City of Clearwater is amended by designating the land use category for the hereinafter described property as follows: Property See legal description "B" attached hereto. Land Use CateQorv From: Residential Suburban To: Residential Low and Institutional Section 3. The City Council does hereby certify that this ordinance is consistent with the City's comprehensive plan. Ordinance No. 7943-08 Item # 16 Attachment number 6 Page 2 of 3 Section 4. This ordinance shall take effect immediately upon adoption, contingent upon and subject to the adoption of Ordinance No. 7942-08. 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 Ordinance No. 7943-08 Item # 16 Attachment number 6 Page 3 of 3 Legal Description "A" for LUZ2005-02002 The East 308.25 feet of the North 'V4 of the Northwest 'V4 of the Northwest 'V4 of Section 21, Township 28 South, Range 16 East, Pinellas County, Florida. Less the South 208.75 feet and less the West 84 feet, and Less the East 100 feet thereof for road right-of- way. Legal Description "B" for LUZ2005-02002 Lot 1, Geiger Tract, according to the map or plat thereof as recorded in Plat Book 102, Page 18, Public Records of Pinellas County, Florida. Ordinance No. 7943-08 Item # 16 Attachment number 7 Page 1 of 3 ORDINANCE NO. 7944-08 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY ZONING CERTAIN REAL PROPERTY LOCATED ON THE WEST SIDE OF MCMULLEN BOOTH ROAD, APPROXIMATELY 500 FEET NORTH OF MEASE DRIVE, CONSISTING OF METES AND BOUNDS 22/01, A PORTION OF SECTION 21, TOWNSHIP 28 SOUTH, RANGE 16 EAST, WHOSE POST OFFICE ADDRESS IS 3290 MCMULLEN BOOTH ROAD, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS INSTITUTIONAL (I); AND BY REZONING CERTAIN PROPERTY LOCATED ON THE WEST SIDE OF MCMULLEN BOOTH ROAD APPROXIMATELY 500 FEET NORTH OF MEASE DRIVE, CONSISTING OF LOT 1, GEIGER TRACT, A PORTION OF SECTION 21, TOWNSHIP 28 SOUTH, RANGE 16 EAST, WHOSE POST OFFICE ADDRESS IS 3280 MCMULLEN BOOTH ROAD, FROM LOW DENSITY RESIDENTIAL (LOR) TO LOW MEDIUM DENSITY RESIDENTIAL (LMDR) AND INSTITUTIONAL(I); 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 See legal description "A" attached hereto. (LUZ2005-02002) ZoninQ District I nstitutional (I) Section 2. The following described property in Clearwater, Florida, is hereby rezoned, and the zoning atlas of the City is amended as follows: Property See legal description "B" attached hereto. (LUZ2005-02002) ZoninQ District From: Low Density Residential (LOR) To: Low Medium Density Residential (LMDR) and I nstitutional (I) Section 3. The City Engineer is directed to revise the zoning atlas of the City in accordance with the foregoing amendment. Section 4. This ordinance shall take effect immediately upon adoption, contingent upon and subject to the adoption of Ordinance No. 7942-08. Ordinance No.l~#l8l6 PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Approved as to form: Leslie K. Dougall-Sides Assistant City Attorney Attachment number 7 Page 2 of 3 Frank V. Hibbard Mayor Attest: Cynthia E. Goudeau City Clerk 2 Ordinance No.ltem4#Jg! 6 Attachment number 7 Page 3 of 3 Legal Description "A" for Legal Description for ANX2005-02003 The East 308.25 feet of the North 'V4 of the Northwest 'V4 of the Northwest 'V4 of Section 21, Township 28 South, Range 16 East, Pinellas County, Florida. Less the South 208.75 feet and less the West 84 feet, and Less the East 100 feet thereof for road right-of-way. Legal Description "B" for LUZ2005-02002 Lot 1, Geiger Tract, according to the map or plat thereof as recorded in Plat Book 102, Page 18, Public Records of Pinellas County, Florida. 3 Ordinance No.ltem4#Jg! 6 Meeting Date: 3/17/2008 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Approve amendments to the Future Land Use Element of the Clearwater Comprehensive Plan related to the adoption of alternative density and intensity standards for overnight accommodations, and the addition of an objective and policies pertaining to tourism, and Pass Ordinance 7924-08 on first reading. SUMMARY: The Planning Department is recommending amendments to the Clearwater Comprehensive Plan that would adopt alternative density and intensity standards for overnight accommodations consistent with the Rules Concerning the Administration of the Countywide Future Land Use Plan (AKA Countywide Plan Rules) as recently amended by the Countywide Planning Authority (CPA). In addition to the adoption of these alternative standards, the proposed amendment would also establish Objective 2.6 and supporting Policies 2.6.1, 2.6.2 and 2.6.3. The objective and policies identify tourism as a substantial element of the City's economic base and states the need to support, maintain and enhance this economic sector, as well as encouraging the development and redevelopment of overnight accommodations and the adoption of higher densities and intensities that would support such development. The staff report and Ordinance 7924-08, contain further analysis and information on the proposed amendment. The Community Development Board (CDB) will review the proposed text amendments at its pubic hearing of March 18,2008. The recommendation of the CDB as well as any comments of the Board will be presented to the Council at the meeting. As this is a text amendment to the Clearwater Comprehensive Plan, review and approval by the Florida Department of Community Affairs is required. Review Approval: 1) Legal 2) Clerk 3) Assistant City Manager 4) Clerk 5) City Manager 6) Clerk Cover Memo Item # 17 Attachment number 1 Page 1 of 3 CDB Meeting Date: Case Number: Ordinance No.: Agenda Item: March 18, 2008 CP A2008-0 1 00 1 7924-08 H. 1. CITY OF CLEARWATER PLANNING DEPARTMENT STAFF REPORT REQUEST: Comprehensive Plan Amendment Related to the Adoption of Alternative Density and Intensity Standards for Overnight Accommodations, and the addition of an Objective and Policies Pertaining to Tourism INITIA TED BY: City of Clearwater Planning Department BACKGROUND: At its meeting of October 24,2007, the Countywide Planning Authority (CPA) adopted Pinellas County Ordinance No. 07-50. This ordinance amended the "Rules Concerning the Administration of the Countywide Future Land Use Plan" (AKA Countywide Plan Rules), by establishing alternative density and intensity standards for overnight accommodations within several Future Land Use categories. The adoption of these alternative standards came about in the interest of supporting a viable tourist industry and establishing economic parity for overnight accommodation uses. Further, the standards themselves were formulated through an economic analysis on the relationship between land costs for hotels and the land costs for condominiums, and the disparity between the two. The amendment requires the adoption of these alternative density and intensity standards by local government, and that they would be subject to the establishment of additional applicable requirements, including design guidelines, a coordinated approach to transportation concurrency management, and additional use restrictions. Tourism is a substantial element of the City's economic base and the continued support, maintenance and enhancement of this important economic sector should be of primary concern to the City. While overnight accommodations within the City are primarily situated on Clearwater Beach, the tourism industry is found throughout the City. These proposed amendments would affect those properties not located on Clearwater Beach that are governed by the provisions of Beach by Design. ANAL YSIS: Goal 2 of the Future Land Use Element states, in part, that the City shall utilize innovative and flexible planning practices in order to redevelop blighted areas and encourage infill development. This amendment to the Comprehensive Plan establishes Objective 2.6, which identifies tourism as a substantial element of the City's economic base and states the need to support, maintain and enhance this economic sector. The supporting Policies 2.6.1, 2.6.2, and 2.6.3 encourage the development and redevelopment of overnight accommodation uses as well as the adoption of higher densities and intensities that would support their development. Through this objective and policies the City will be better positioned to further this goal of the Comprehensive Plan. This amendment also proposes the adoption of the alternative density and intensity standards for overnight accommodations that have been established by the CPA through amendment to the Countywide Community Development Board - March 18, 2008 CP A2008-0 100 1 - Page 1 Item # 17 Attachment number 1 Page 2 of 3 Plan Rules. These alternatives affect the Resort Facilities High (RFH), Residential/Office/Retail (R/O/R), Commercial Limited (CL), Commercial General (CG) and Industrial Limited (IL) Future Land Use categories, and would affect approximately 1,900 acres citywide. The alternatives in the RFH category are the most intense, allowing between 75 and 125 units per acre and a floor area ratio between 2.0 and 4.0 depending upon property size. The other category alternatives allow a maximum density of 45,60 or 75 units per acre and a floor area ratio of 1.0, 1.2 or 1.5. Through the adoption of these alternatives the City will be in compliance with Comprehensive Plan Policy 2.6.2. The amendment also incorporates a few other relatively minor changes, including the deletion of the Resort Facilities Overlay (RFO) Future Land Use Map classification, which was incorporated into the Comprehensive Plan in 2005. The RFO classification has never been implemented and would no longer be required within the Comprehensive Plan. The other minor changes incorporated into this amendment include the addition of the overnight accommodations use a primary use within the IL Future Land Use category; and correction of a few grammatical and punctuation errors. STANDARDS FOR REVIEW: Pursuant to Community Development Code Section 4-603.F., no amendment to the Comprehensive Plan shall be approved unless it complies with the following standards: 1. The amendment will further implementation of the Comprehensive Plan consistent with the goals, policies and objectives contained in the Plan. The proposed amendments to the Comprehensive Plan are consistent with existing goals in that the amendments will further those flexible planning practices in redeveloping blighted areas and encouraging infill development. 2. The amendment is not inconsistent with other provisions of the Comprehensive Plan. The proposed amendment will add a new objective and three supporting policies to the Future Land Use Element that promotes the continued support of the tourism industry in the City. The amendment also adopts alternative density and intensity standards consistent with the "Rules Concerning the Administration of the Countywide Future Land Use Plan," which are supported by the aforementioned objective and policies being added. As such, the amendment would not be inconsistent with other provisions of the Plan. 3. The available uses, if applicable, to which the property may be put are appropriate to the property in question and compatible with existing and planned uses in the area. The proposed amendments will affect properties citywide; however the amendments will not alter the uses to which those properties may be put. Therefore, the uses available to the properties are compatible with existing and planned uses in the area. 4. Sufficient public facilities are available to serve the property. The proposed amendments will affect properties citywide; therefore the adequacy of available public facilities will need to be assessed on a case-by-case basis as development proposals seek to make use of those alternative density and intensity standards. It is noted that adequate public facilities exist to serve development at the existing density and intensity standards, and it is anticipated that adequate public facilities will exist to accommodate development at the alternative density and intensity standards. It is further noted that no capacity issues are anticipated with either wastewater or potable water service. The City has a wastewater capacity of approximately 28.5 MGD (million gallons per Community Development Board - March 18, 2008 CP A2008-0 100 1 - Page 2 Item # 17 Attachment number 1 Page 3 of 3 day) compared to a recent peak historic flow (past five years) of 20.04 MGD. The City's average consumption of potable water is 13 MGD, and the City has facilities that can produce 4 MGD. The balance of the potable water service comes from Tampa Bay Water via interconnects with Pine lIas County, and there is no cap on the agreement for purchased water. 5. The amendment will not adversely affect the natural environment. Any redevelopment that should occur as a result of the proposed amendments must still comply with impervious surface ratio standards, as well as drainage and water quality standards. Further, the proposed amendments do not permit increases in the permanent population in any coastal high hazard area. Therefore, the proposed amendment will not adversely affect the natural environment. 6. The amendment will not adversely impact the use of property in the immediate area. The proposed amendments will affect properties citywide; however, as noted previously, the amendments will not alter the uses to which those properties may be put. Therefore, the amendment will not adversely impact the use of property in the immediate areas of those properties that may choose to utilize the provisions of the proposed amendments. SUMMARY AND RECOMMENDA nON: The proposed amendment to the Clearwater Comprehensive Plan identifies tourism as a substantial element of the City's economic base and states the need to support, maintain and enhance this economic sector through the addition of a new objective and supporting policies within the Future Land Use Element. The amendment also adopts alternative density and intensity standards for overnight accommodations consistent with the Countywide Plan Land Rules. The proposed amendment will further the goals, objectives and policies of the Clearwater Comprehensive Plan, is consistent with other provisions of the Clearwater Comprehensive Plan, will not result in inappropriate or incompatible uses, will not adversely affect the natural environment or impact the use of property in the immediate area, and sufficient public facilities exist to implement the proposed amendment. Based upon the above, the Planning Department recommends APPROVAL of Ordinance No. 7924-08 that amends the Clearwater Comprehensive Plan. Prepared by Planning Department Staff: Robert G. Tefft, Planner III ATTACHMENT: o Ordinance No. 7924-08 o Pinellas County Ordinance No. 07-50 o PPC Stall' Report ofI)ATE o Map of Affected Land Use Categories o Potable Water and Wastewater Utility Capacity Analysis S:\Planning DepartmentlCOMPREHENSIVE PLAN\2008 Comprehensive PlanICPA2008-0iOOi - OV AC Unit ReservelCDB StajjReport 2008 03-i8.doc Community Development Board - March 18, 2008 CP A2008-0 100 1 - Page 3 Item # 17 Attachment number 2 Page 1 of 2 ORDINANCE NO. 7924-08 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, MAKING AMENDMENTS TO THE COMPREHENSIVE PLAN OF THE CITY AS ADOPTED ON MAY 18, 2000, AND AS SUBSEQUENTLY AMENDED, BY AMENDING THE FUTURE LAND USE ELEMENT BY ADDING AN OBJECTIVE AND POLICIES PERTAINING TO TOURISM; ADOPTING ALTERNATIVE DENSITIES AND INTENSITIES FOR OVERNIGHT ACCOMMODATIONS IN THE RESORT FACILITIES HIGH (RFH), RESIDENTIAL/OFFICE/RETAIL (R/O/R), COMMERCIAL LIMITED (CL), AND COMMERCIAL GENERAL (CG) LAND USE MAP CATEGORIES CONSISTENT WITH THE "RULES CONCERNING THE ADMINISTRATION OF THE COUNTYWIDE FUTURE LAND USE PLAN"; BY ADDING OVERNIGHT ACCOMMODATIONS AS A PRIMARY USE IN THE INDUSTRIAL LIMITED (IL) LAND USE MAP CATEGORY AND ESTABLISHING BASE AND ALTERNATIVE DENSITIES FOR SUCH USE CONSISTENT WITH THE "RULES CONCERNING THE ADMINISTRATION OF THE COUNTYWIDE FUTURE LAND USE PLAN"; DELETING THE RESORT FACILITIES OVERLAY (RFO) FUTURE LAND USE AS A FUTURE LAND USE MAP CATEGORY; TO MODIFY THE ALLOWABLE IMPERVIOUS SURFACE RATIO IN THE COMMERCIAL GENERAL FUTURE LAND USE MAP CATEGORY CONSISTENT WITH THE MAXIMUM ALLOWED BY THE "RULES CONCERNING THE ADMINISTRATION OF THE COUNTYWIDE FUTURE LAND USE PLAN"; AND MAKING MINOR EDITORIAL CHANGES; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE; WHEREAS the Local Government Comprehensive Planning and Land Development Regulation Act of Florida empowers and requires the City Council of the City of Clearwater to plan for the future development and growth of the City, and to adopt and periodically amend the Comprehensive Plan, including elements and portions thereof; and WHEREAS, the City Council approved Ordinance Numbers 6794-01, 7295-04, 7388-05, and 7782-07 which amended the Comprehensive Plan of the City on July 12, 2001, October 7,2004, October 20,2005, and August 14, 2007, respectively; and WHEREAS, tourism is a major contributor to the economic health of the City overall and the City desires to support the tourism industry; and WHEREAS, increases in overnight accommodation density do not result in permanent population increases; and WHEREAS, the Board of County Commissioners of Pinellas County, Florida, has amended the "Rules Concerning the Administration of the Countywide Future Land Use Plan", via Pinellas County Ordinance No. 07-50, to provide for alternative density and intensity standards for the overnight accommodation use; and Ordinance No.l~#l8l7 Attachment number 2 Page 2 of 2 WHEREAS, amendments to the Comprehensive Plan of the City have been prepared in accordance with the applicable requirements of law, after conducting the appropriate planning analysis, and public participation through public hearings, opportunity for written comments, open discussion and the consideration of public and official comments; and WHEREAS, the Community Development Board, serving as the designated Local Planning Agency for the City, has held a public hearing on the proposed amendments and has recommended adoption of the proposed Comprehensive Plan amendments; and WHEREAS, the proposed amendments have been transmitted to the Florida Department of Community Affairs for review and comments, and the objections, recommendations and comments received from the Florida Department of Community Affairs have been considered by the City Council, together with all comments from local regional agencies and other persons, in preparing the final draft of the amendments; and WHEREAS, the City Council finds it necessary, desirable and proper to adopt the amendments to the objectives and policies of the Comprehensive Plan in order to reflect changing conditions; now therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. Amendments 1 - 2 to the Clearwater Comprehensive Plan attached hereto as Exhibit "A" are hereby adopted. Section 2. This ordinance shall become effective when the Department of Community Affairs (DCA) issues a final order determining the adopted amendment to be in compliance, or the Administration Commission issues a final order determining the adopted amendments to be in compliance, in accordance with Section 163.3184, 163.3187, or 163.3189, F.S., as amended. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Frank Hibbard Mayor-Councilmember Approved as to form: Attest: Leslie Dougall-Sides Assistant City Attorney Cynthia E. Goudeau City Clerk 2 Ordinance No. 7924-08 Item # 17 Attachment number 3 Page 1 of 5 EXHIBIT A ATTACHMENT TO ORDINANCE 7924-08 AMENDMENT 1 - FUTURE LAND USE ELEMENT GOALS, OBJECTIVES AND POLICIES Add Objective 2.6 and Policies 2.6.1 through 2.6.3 of Goal 2 of the Plan starting from page A- 7 asfollows: * * * * * 2.6 Objective - Tourism is a substantial element of the City's economic base and as such the City shall continue to support the maintenance and enhancement of this important economic sector. Policies 2.6.1 The City supports and encourages the continued development and redevelopment of overnight accommodation uses. 2.6.2 The City supports the adoption of higher density/intensity standards for overnight accommodation uses such that a sufficient supply shall be available within the City provided that concurrency standards are met. 2.6.3 The City shall continue to work with the Clearwater Beach Chamber of Commerce, Clearwater Regional Chamber of Commerce, and the Tourist Development Council to promote Clearwater as a tourist destination. * * * * * AMENDMENT 2 - FUTURE LAND USE ELEMENT GOALS, OBJECTIVES AND POLICIES Amend Policy 3.2.1 on pages A-9, A-10 and A-11 as follows: * * * * * Ord. 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IjJ 0 ~.:::; >, ..... ..... .s ~ .~ .~ o 8 8;:D U ~ 8'@ :::'0.. bD ~ ~ 'r;: [l P.. fl 00 8 ~ d 8; en .S ;>:. 8 ~ "" <..., ..... .~ '" "" 0 ~ ~ L-, 's ;g [J P 0 @ "d v ::: ~ '0 v " a~ ~ B ~ 0 ~ -5 ~ ~ ~ s ~'a8~p..,>~ ~~E-<~ a~ .8~~oj.Du"Ci~aoj.D ~ 10:., .~ en 00 ~ ~ U ~ r-.i ,.,..; "d v :g v ~ U en .8 .... o .~ 0.. en ~ "d o M 8 il en en ~ ..... o ~ ,--, ~ '5 ~ v ::> o bD c;j U ..8 bD .S ~ '0 ~ 00 v il .8 Attachment number 3 Page 5 of 5 "d 8 ~ .s ~ 's ...... ~ ~ 00" o I "'1" ('.l 0\ t- o z "E o v il ~ o "d v en 00 .D v U [1 .... ~ [J .s ~ ..Q .~ ..... v .D .8 en 00 o en ,--, ~ '5 ~ v ::> o bD .~ 'V ~ gp 8 E U v v .... o ~ .S: ~ .D '> c;j U ..8 bD ~ :8 o ~ ]" ~ ~ v .::; en o ]- .... o v J:l v il >0 .D en ~ .S: ctJ "d ~ ~ o U ~ "d 8 If) en '5 ~ o U v "d '> o .... 0.. .8 ~ ~ ,--, M ~ u Item # 17 Attachment number 4 Hote(O'ensit Legend Residential Office Retail Commercial Commercial Limited Commercial Commercial General Commercial Resort Facilities High_Tourist Resort Facilities High_Business Industrial Limited_Industrial Research Technology Streets HWY NUM 19 580 590 60 o I 2,500 5,000 I 10,000 Feet I Item # 17 .. u Attachment number 5 Page 1 of 17 ORDINANCE NO. _07-50 AN ORDINANCE AMENDING PINELLAS COUNTY ORDINANCE NO. 89-4, AS AMENDED, THE COUNTYWIDE PLAN ADOPTION ORDINANCE, BY AMENDING THE "RULES CONCERNING THE ADMINISTRATION OF THE COUNTYWIDE FUTURE LAND USE PLAN," AS AMENDED; PROVIDING FOR ALTERNATIVE DENSITY AND INTENSITY STANDARDS FOR TEMPORARY LODGING USE; PROVIDING FOR REQUIREMENTS APPLICABLE TO THE UTILIZATION OF SUCH ALTERNATIVE DENSITY/INTENSITY STANDARDS, INCLUDING PROVISION FOR DEVELOPMENT AGREEMENTS TO BE APPROVED AT THE LOCAL LEVEL AND MEMORlALIZED BY DEED RESTRICTION; PROVIDING FOR AMENDED DEFINITIONS OF TRANSIENT ACCOMMODATION UNIT, TRANSIENT ACCOMMODA TION USE, AND TOURIST FACILITY USE; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE; AND rROVIDING FOR MODIFICATION THAT MAY ARISE FROM CONSIDERATION OF THE ORDINANCE AT PUBLIC HEARlNG. WHEREAS, the Board of County Commissioners acting as the Coun~de~lanning Authority has adopted a Countywide Comprehensive Plan by adoption of Orm~nc~o. 89- 4 on January 31, 1989; and ~~; ~ " Z;;j;.~ N ~- <D _-_J (]) . WHEREAS, as part of Ordinance 89-4, the Board also adopted the RWFSiConce the Administration of the Countywide Future Land Use Plan (Countywi4~:; ROles)' d subsequently amended said Countywide Rules by Ordinances Nos. 89-66A,l9t:j5, ~-4~- 51, 93-112, 94-20, 94-55, 95-78, 96-17, 96-32, 96-47, 96-55, 96-87, 97-71, 9~, 92:22, 99- '> rt'l ~- 76,00-60,01-16,03-23,04-5,05-49,06-52,06-61 and 07-13; and - WHEREAS, the Pinellas Planning Council, pursuant to Section 5(7)(b), Chapter 88- 464, Laws of Florida, as amended, is authorized to develop rules, standards, policies and objectives that will implement the Countywide Future Land Use Plan; and WHEREAS, the Pinellas Planning Council pursuant to Section 10(4)(a) of Chapter 88-464, Laws of Florida, as amended, is authorized to initiate amendment to a rule, standard, policy or objective of the Countywide Future Land Use Plan, as determined necessary by the Council to establish effective countywide planning; and WHEREAS, after consideration at public hearing, the Pinellas Planning Council has determined that it is necessary and appropriate, in the interest of supporting a viable tourist industry and establishing economic parity for temporary lodging uses, to amend the Countywide Rules with respect to the permitted density and intensity for temporary lodging uses and the process for the consideration thereof; and Item # 17 .1 Attachment number 5 Page 2 of 17 t WHEREAS, the Pinellas Planning Council, pursuant to Section 10, Paragraph 4 of Chapter 88-464, Laws of Florida, as amended, forwarded its original recommended action on amendment of the Countywide Rules, as amended, to the Board of County Commissioners acting in their capacity as the Countywide Planning Authority, as set forth in PPC Resolution No. 07-1 dated January 17,2007; and WHEREAS, the Board of County Commissioners, in their capacity as the Countywide Planning Authority, considered the Pinellas Planning Council recommendation as set forth in PPC Resolution No. 07-1 at work sessions on March 22 and May 7, 2007, and suggested revisions thereto; and WHEREAS, the Tourist Development Council and the Pinellas Planning Council subsequently concurred with revisions to the original Pinellas Planning Council recommendation; and WHEREAS, the recommended revisions to the original Pinellas Planning Council recommendation were incorporated in an ordinance as set forth in PPC Resolution No. 07-4; and WHEREAS, the Board of County Commissioners, in their capacity as the Countywide Planning Authority, considered the Pinellas Planning Council recommendation as set forth in PPC Resolution No. 07-4, as well as alternative recommendations, at public hearings on August 7 and 21,2007; and WHEREAS, the Board of County Commissioners, based on input at said public hearings, provided direction and referred the proposed ordinance back to the PPC for further consideration and public hearing; and WHEREAS, the Pinellas Planning Council, after public hearing on September 19, 2007, forwarded its revised recommendation to the Board, in its capacity as the Countywide Planning Authority, as set forth in PPC Resolution No. 07-5; and WHEREAS, the procedures of Chapter 88-464, Laws of Florida, as amended, and the County Charter have been followed by the Pine lias Planning Council and the Board of County Commissioners acting as the Countywide Planning Authority, concerning this proposed amendment of the Countywide Rules, as amended; and WHEREAS, the notice of public hearings and advertisements have been accomplished as required by Chapter 88-464, Laws of Florida, as amended; and WHEREAS, the Board of County Commissioners of Pine lIas County, Florida, acting in their capacity as the Countywide Planning Authority, desires to amend the Countywide Rules, as amended, for Pinellas County, Florida, as set forth herein. 2 Item # 17 Attachment number 5 Page 3 of 17 NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF PINELLAS COUNTY, FLORIDA: SECTION 1. The portions of Article 2. Countywide Plan Map Classifications and Categories, are hereby amended as set forth below. All other portions of Article 2 not included in this ordinance are preserved and remain as previously set forth in the Countywide Rules. 2.3.3.4.3 Cate1!ory/Symbol- ResidentiallOfficelRetail (RJOIR). Use Characteristics - Those uses appropriate to and consistent with this category include: . Primary Uses - Residential; Residential Equivalent; Office; Retail Commercial; Personal Service/Office Support; CommerciallBusiness Service; Temporary Lodging . Secondary Uses - Institutional; Transportation/Utility; Ancillary Non-Residential; Recreation/Open Space; Research/Development; Light Manufacturing/Assembly (Class A) Density/Intensity Standards - Shall include the following: . Residential Use - Shall not exceed eighteen (I 8) dwelling units per acre. . Residential Equivalent Use - Shall not exceed an equivalent of 2.0 to 3.0 beds per permitted dwelling unit at 18 dwelling units per acre. The standard for the purpose of establishing relative intensity and potential impacts shall be the equivalent of 2.5 beds per dwelling unit. . Temporary Lodging Use - Shall not exceed: (1) thirty (30) lUlits per acre; or (2) in the alternative, upon adoption of provisions for compliance with Section 4.2.7.6, the density and intensity standards set forth in Table 3 therein. . Non-Residential Use - Shall not exceed a floor area ratio (FAR) of .40, nor an impervious surface ratio (ISR) of .85, except as provided for in Section 4.2.7.6. The standard for the purpose of establishing relative intensity and potential impacts shall be a FAR of .24 and an ISR of .65. . Mixed use - Shall not exceed, in combination, the respective number of units per acre and floor area ratio permitted, when allocated in their respective proportion to the gross land area of the property. 2.3.3.4.4 Cate1!orvISymbol- Resort Facilities Overlay (RFO). Use Characteristics - Those uses appropriate to and consistent with this category include: . Primary Uses - Residential; Temporary Lodging ., Secondary Uses - Residential Equivalent; Institutional; Transportation/Utility; Ancillary Non-Residential; Recreation/Open Space Item # 17 3 Attachment number 5 Page 4 of 17 Locational Characteristics - This category is generally appropriate to locations where it would identifY existing low to moderately intensive mixed residential and small scale temporary lodging use in and adjacent to the resort areas of the County; in locations where unique recreational assets warrant the combination of permanent and temporary accommodations in close proximity to and served by the arterial and major thoroughfare network. Traffic Generation Characteristics - The standard for the purpose of calculating typical traffic impacts relative to an amendment for this category shall be based upon the underlying residential category, adjusted to account for the temporary lodging ratio, using the appropriate traffic generation characteristics for temporary lodging use. Density/Intensity Standards - Shall include the following: · Residential Use - Shall not exceed the maximum number of dwelling units per acre determined by the underlying residential category. · Residential Equivalent Use - Shall not exceed an equivalent of 2.0 to 3.0 beds per permitted dwelling unit at the underlying residential density. The standard for the purpose of establishing relative intensity and potential impacts shall be the equivalent of 2.5 beds per dwelling unit. · Temporary Lodging Use - Shall not exceed: (I) a ratio of 1.67 temporary lodging units to the permitted number of underlying residential units; or (2) in the alternative, upon adoption of provisions for compliance with Section 4.2.7.6, the density and intensity standards set forth in Table 3 therein. · Non-Residential Use - Shall not exceed the maximum floor area ratio (FAR) nor the maximum impervious surface ratio (ISR) of the underlying residential category, except as provided for in Section 4.2.7.6. The standard for the purpose of establishing relative intensity and potential impacts shall be the FAR and ISR as called for in the underlying residential category. · Mixed use - Shall not exceed, in combination, the respective number of units per acre and floor area ratio permitted, when allocated in their respective proportion to the gross land area of the property. 2.3.3.4.5 Cate2orv/Svmbol- Resort Facilities Medium (RFM). Use Characteristics - Those uses appropriate to and consistent with this category include: · Primary Uses - Residential; Temporary Lodging · Secondary Uses- Residential Equivalent; Tourist Facilities; Office; Personal Service/Office Support; Commercial Recreation; Institutional; Transportation/Utility; Ancillary Non-Residential; Recreation/Open Space Item # 17 4 Attachment number 5 Page 5 of 17 Density/Intensity Stan4ards - Shall include the following: · Residential Use - Shall not exceed eighteen (18) dwelling units per acre. · Residential Equivalent Use - Shall not exceed an equivalent of 2.0 to 3.0 beds per permitted dwelling unit at 18 dwelling units per acre. The standard for the purpose of establishing relative intensity and potential impacts shall be the equivalent of 2.5 beds per dwelling unit. · Temporary Lodging Use - Shall not exceed: (1) thirty (30) units per acre; or (2) in the alternative, upon adoption of provisions for compliance with Section 4.2.7.6, the density and intensity standards set forth in Table 3 therein. · Non~Residential Use - Shall not exceed a floor area ratio (FAR) of .65, nor an impervious surface ratio (ISR) of .85, except as provided for in Section 4.2.7.6. The standard for the purpose of establishing relative intensity and potential impacts shall be a FAR of.39 and an ISR of .65. · Mixed use - Shall not exceed, in combination, the respective number of units per acre and floor area ratio permitted, when allocated in their respective proportion to the gross land area of the property. 2.3.3.4.6 Cate2:orv/Svmbol- Resort Facilities Hi2:h (RFH). Use Characteristics - Those uses appropriate to and consistent with this category include: · Primary Uses - Residential; Temporary Lodging · Secondary Uses - Residential Equivalent; Tourist Facilities; Office; Personal Service/Office Support; Convention Center; Commercial Recreation; Institutional; Transportation/Utility; Ancillary Non-Residential; Recreation/Open Space DensitylIntensity Standards - Shall include the following: · Residential Use - Shall not exceed thirty (30) dwelling units per acre. · Residential Equivalent Use - Shall not exceed an equivalent of 2.0 to 3.0 beds per permitted dwelling unit at 30 dwelling units per acre. The standard for the purpose of establishing relative intensity and potential impacts shall be the equivalent of 2.5 beds per dwelling unit. · Temporary Lodging Use - Shall not exceed: (1) fifty (50) units per acre; or (2) in the alternative, upon adoption of provisions for compliance with Section 4.2.7.6, the density and intensity standards set forth in Table 3 therein. . Non-Residential Use - Shall not exceed a floor area ratio (FAR) of 1.2, nor an impervious surface ratio (ISR) of .95, except as provided for in Section 4.2.7.6. The standard for the purpose of establishing relative intensity and potential impacts shall be a FAR of .72 and an ISR of .72. . Mixed use - Shall not exceed, in combination, the respective number of units per acre and floor area ratio permitted, when allocated in their respective proportion to the gross land area of the property. Item # 17 5 Attachment number 5 Page 6 of 17 2.3.3.5.2 Cate2orvlSvmbol- Commercial Limited (eL). Use Characteristics - Those uses appropriate to and consistent with this category include: · Primary Uses - Office; Personal Service/Office Support; Retail Commercial; CommerciallBusiness Service; Temporary Lodging · Secondary Uses- Residential; Residential Equivalent; Commercial Recreation; Storage/Warehouse (Class A); WholesalelDistribution (Class A); Institutional; TransportationlUtility; Recreation/Open Space DensitylIntensity Standards - Shall include the following: · Residential Use - Shall not exceed eighteen (18) dwelling units per acre. · Residential Equivalent Use - Shall not exceed an equivalent of 2.0 to 3.0 beds per permitted dwelling unit at 18 dwelling units per acre. The standard for the purpose of establishing relative intensity and potential impacts shall be the equivalent of 2.5 beds per dwelling unit. · Temporary Lodging Use - Shall not exceed: (1) thirty (30) units per acre; or (2) in the alternative, upon adoption of provisions for compliance with Section 4.2.7.6, the density and intensity standards set forth in Table 3 therein. · Non-Residential Use - Shall not exceed a floor area ratio (FAR) of .45, nor an impervious surface ratio (ISR) of .85, except as provided for in Section 4.2.7.6. The standard for the purpose of establishing relative intensity and potential impacts shall be a FAR of .27 and an ISR of .65. · Mixed use - Shall not exceed, in combination, the respective number of units per acre and floor area ratio permitted, when allocated in their respective proportion to the gross land area of the property. 2.3.3.5.3 CateRorv/Svmbol- Commercial Recreation (CR). Use Characteristics - Those uses appropriate to and consistent with this category include: · Primary Uses - Commercial Recreation including Waterfront/Marina Facilities; Sports Stadium; Race Track/Para-mutual Facility · Secondary Uses- Residential; Residential Equivalent; Office; Personal Service/Office Support; Retail Commercial; CommerciallBusiness Service; Temporary Lodging; Institutional; TransportationlUtility; Recreation/Open Space . Density/Intensity Standards - Shall include the following: · Residential Use - Shall not exceed twenty-four (24) dwelling units per acre. · Residential Equivalent Use - Shall not exceed an equivalent of 2.0 to 3.0 beds per Item # 17 6 Attachment number 5 Page 7 of 17 permitted dwelling unit at 24 dwelling units per acre. The standard for the purpose of establishing relative intensity and potential impacts shall be the equivalent of 2.5 beds per dwelling unit. · Temporary Lodging Use - Shall not exceed: (1) forty (40) units per acre; or (2) in the alternative, upon adoption of provisions for compliance with Section 4.2.7.6, the density and intensity standards set forth in Table 3 therein. · Non-Residential Use - Shall not exceed a floor area ratio (FAR) of .55, nor an impervious surface ratio (ISR) of.90, except as provided for in Section 4.2.7.6. The standard for the purpose of establishing relative intensity and potential impacts shall be a FAR of .33 and an ISR of .68. · Mixed use - Shall not exceed, in combination, the respective number of units per acre and floor area ratio permitted, when allocated in their respective proportion to the gross land area of the property. 2.3.3.5.4 Catel!orv/Svmbol - Commercial General (CG). Use Characteristics - Those uses appropriate to and consistent with this category include: · Primary Uses - Office; Personal Service/Office Support; Retail Commercial; CommerciallBusiness Service; Temporary Lodging; WholesalelDistribution (Class A); Storage/Warehouse (Class A) · Secondary Uses - Commercial Recreation; Residential; Residential Equivalent; Institutional; Transportation/Utility; Recreation/Open Space; ResearchIDevelopment; Light Manufacturing/Assembly (Class A) Density/Intensity Standards - Shall include the following: · Residential Use - Shall not exceed twenty-four (24) dwelling units per acre. · Residential Equivalent Use - Shall not exceed an equivalent of 2.0 to 3.0 beds per permitted dwelling unit at 24 dwelling units per acre. The standard for the purpose of establishing relative intensity and potential impacts shall be the equivalent of 2.5 beds per dwelling unit. · Temporary Lodging Use - Shall not exceed: (I) forty (40) units per acre; or (2) in the alternative, upon adoption of provisions for compliance with Section 4.2.7.6, the density and intensity standards set forth in Table 3 therein. · Non-Residential Use - Shall not exceed a floor area ratio (FAR) of .55, nor an impervious surface ratio (ISR) of .90, except as provided for in Section 4.2.7.6. The standard for the purpose of establishing relative intensity and potential impacts shall be a FAR of .33 and an ISR of .68. · Mixed use - Shall not exceed, in combination, the respective number of units per acre and floor area ratio pern1itted, when allocated in their respective proportion to the gross land area of the property. 7 Item # 17 Attachment number 5 Page 8 of 17 2.3.3.6.1 Cate2orv/Svmbol- Industrial Limited (IL). Use Characteristics - Those uses appropriate to and consistent with this category include: · Primary Uses - Office; Research/Development; Light Manufacturing! Assembly (Class A) and (Class B); WholesalelDistribution (Class A) and (Class B); Storage/Warehouse (Class A) and (Class B) · Secondary Uses - Residential (subject to master development plan approval by the CPA); Retail Commercial; Personal Service/Office Support; CommerciallBusiness Service; Commercial Recreation; Temporary Lodging; Institutional; Transportation/Utility; Recreation/Open Space; Transfer/Recycling Density/Intensity Standards - Shall include the following: · Residential Use - Shall not exceed thirty (30) dwelling units per acre. · Temporary Lodging Use - Shall not exceed: (1) fifty (50) units per acre; or (2) in the alternative, upon adoption of provisions for compliance with Section 4.2.7.6, the density and intensity standards set forth In Table 3 therein. · All Other Uses - Shall not exceed a floor area ratio (FAR) of .65, nor an impervious surface ratio (ISR) of .85, except as provided for in Section 4.2.7.6. The standard for the purpose of establishing relative intensity and potential impacts shall be aFAR of .39 and an ISR of .65. Other Standards - Shall include the following: · Industrial Uses Adjacent to Residential Categories - An appropriate buffer, as determined by the local jurisdiction except for an industrial/mixed use project requiring the submission of a master plan as outlined below, shall be provided in and between the Industrial Limited category and an adjoining Residential classification. · . Acreage Limitations for Non-Industrial Secondary Uses That Are Not Part of a Master Development Plan - Institutional; Transportation/Utility; Retail Commercial; Personal Service/Office Support; CommerciallBusiness Service; Commercial Recreation; Temporary Lodging Uses - shall not exceed a maximum area of five (5) acres. Any such use, alone or when added to existing contiguous like use(s), which exceeds this threshold shall require a plan map amendment which shall include such use and all contiguous like uses. Secondary residential uses are only permitted pursuant to the requirements set forth for "Projects That Include Residential Use." Master Development Plan Requirements for IndustriallMixed Use Proiects - Shall include the following: . Projects That Do Not Include Residential Use - An industrial/mixed-use project which comprises not less than fifty (50) acres may include secondary Institutional; Item # 17 8 Attachment number 5 Page 9 of 17 Transportation/Utility; Retail Commercial; Personal Service/Office Support; CommerciallBusiness Service; Commercial Recreation; and Temporary Lodging uses subject to the following: I. The secondary non-industrial uses that are part of a planned industrial/mixed use project shall be subject to a master development plan, providing for unified control of the entire project. 2. Such secondary non-residential uses, alone or in combination, shall not comprise more than 25% of the area of the project governed by the master development plan. 3. The master development plan required for industrial/mixed use projects that do not include residential use shall be approved by the local government with jurisdiction. 4. Where the property included in the master development plan is adjacent to or within five hundred (500) feet of an adjacent municipal or county jurisdiction, the master development plan shall be submitted to that adjoining jurisdiction for review and comment. SECTION 2. The portions of Article 4. Plan Criteria and Standards. are hereby amended as set forth below. All other portions of Article 4 not included in this ordinance are preserved and remain as previously set forth in the Countywide Rules. Addition of the following provisions to Section 4.2.7, "Special Rules" of the Countywide Rules: 4.2.7.6 Temporarv Lod2:in2: Use Standards. 4.2.7.6.1 Alternative DensitvlIntensitv. Local governments may utilize the standard temporary lodging densities and intensities specified within each Countywide Plan Map category that provides for such use; or may, in the alternative, utilize all, or any part of, the higher temporary lodging densities and associated intensities included in the accompanying Table 3, subject to the following: A. Amendment of the local government comprehensive plan and land development regulations to provide for aU, or any portion of, the alternative densities and intensities in Table 3 based on a Development Agreement prepared and . approved pursuant to Chapter 163, Sections .3220 -.3243, F.S., as amended. B. A Development Agreement proposing to utilize the higher densities and intensities identified in Table 3 and authorized by this Section shall address, at a minimum, the following: 9 Item # 17 Attachment number 5 Page 10 of 17 I. The ability of the local government, or the applicable service provider, to meet the concurrency management standards for sanitary sewer, solid waste, drainage, potable water, parks and recreation, schools and transportation facilities, as required pursuant to Section 163.3180, F.S., and the applicable local government or service provider plan and regulations. 2. Provision for all temporary lodging uses to comply with all county and local hurricane evacuation plans and procedures to ensure orderly evacuation of guests and visitors pursuant to the Pinellas County Code, Chapter 34, Article III. In particular, all temporary lodging uses which are located in Hurricane Evacuation Level A, as identified by the Pinellas County Emergency Management Agency, shall prepare a legally enforceable mandatory evacuation/closure covenant, stating that the temporary lodging use will be closed as soon as practicable after a hurricane watch is posted for Pinellas County by the National Hurricane Center. Further, a plan implementing the closure and evacuation procedures shall be prepared and submitted to the county or municipal emergency management coordinator, whichever is applicable, within 90 days of the issuance of a certificate of occupancy. This plan will be updated and sent for review when there is a change of ownership or substantive change to the plan or as required by the county or municipal emergency management coordinator, whichever is applicable. 3. Design considerations in Section 4.2.7.6.2, the transportation concurrency management provisions in Section 4.2.7.6.3 and the restrictions on temporary lodging use in Section 4.2.7.6.4 set forth following. C. A Development Agreement prepared pursuant to this Section shall be approved by the local government governing body, recorded with the Clerk of the Circuit Court pursuant to Section 163.3239, F.S, a copy filed with the Property Appraiser's Office, and a copy submitted to the PPC and CPA for receipt and filing within fourteen (14) days after recording. The development limitations set forth in the Development Agreement shall be memorialized in a deed restriction, which shall be recorded in the Official Records of Pine lIas County prior to the issuance of a building permit for the temporary lodging use. D. The alternative densities and intensities set forth in Table 3 are maximums, except as provided for in E. below. A local government may choose to utilize a density and intensity standard equal to or less than the alternative density and intensity standard, when adopted in their comprehensive plan and land development regulations, based on the maximums set forth in Table 3. 10 Item # 17 Attachment number 5 Page 11 of 17 Table 3 TEMPORARY LODGING DENSITY AND INTENSITY STANDARDS Maximum Densitvllntensitv Standards Plan Temporary Lodging U nits/Acre FAR ISR Cate2:ory On Property That Is: Less Than One Acre 45 1.0 0.85 Between One Acre 60 1.5 0.85 RFM And Three Acres Greater Than Three 75 2.0 0.85 Acres , I Less Than One Acre 75 2.0 0.95 Between One Acre 100 3.0 0.95 RFH And Three Acres Greater Than Three 125 4.0 0.95 Acres R/O/R 45 1.0 0.85 CL 45 1.0 0.85 CR 60 1.2 0.90 CG 60 1.2 0.90 75 [subject to master IL No Property Size development plan 1.5 0.85 Limitations requirements in Section 2.3.3.6.11 Not to exceed a ratio of2.5 temporary lodging units to RFO the permitted number of 1.2 0.85 residential units in the underlying Countywide Plan Map category. 11 Item # 17 Attachment number 5 Page 12 of 17 E. Intensity standards governing floor area ratio (FAR) and impervious surface ratio (ISR) may be varied by the local government with jurisdiction pursuant to the provisions of Division 6.4 of these Rules. The FAR's in Table 3 apply to the temporary lodging use, residential dwelling uses integrated in the same structure with the temporary lodging use, associated parking structures, and uses accessory to temporary lodging uses (i.e., meeting space, restaurants, spas, clubs, etc.). F. For development that includes a combination of temporary lodging and residential dwelling use, each use shall be allowed in proportion to the size of the property and the permitted density and intensity of the respective use. 4.2.7.6.2 Desi2:n Considerations. The purpose of the design considerations is to enable the local government to authorize the increased density and intensity provided for in Table 3, subject to a determination that the project is compatible with the size, location, configuration and character of the site, its relationship to the Countywide Plan Map category in which it is located, and to adjoining uses; and that the overall principles of quality urban design as set forth in Pinellas By Design - An Economic Development and Redevelopment Plan for Pinellas County are furthered. In particular, design considerations applicable to the proposed use shall address the following in the Development Agreement so as to ensure compatibility in terms of context-sensitive design, and the scale and placement of the proposed use so as to achieve a hannonious relationship and fit relative to its location and surroundings: 4.2.7.6.3 A. Building scale - including height, width, location, alignment, and spacing. B. Building design - including elevations, fayade treatment, entrance and porch or balcony projections, window patterns and roof forms. C. Site improvements - including building and site coverage, accessory structures, service and amenity features, walkway and parking areas, open space, and view corridors. D. Adjoining property use - including density/intensity, and building location, setbacks, and height. Transportation Concurrency Mana2:ement. The purpose of this provision is to ensure that a project authorized to use the increased density and intensity provided for in Table 3 is consistent with the Metropolitan Planning Organization's (MPO) countywide approach to the application of concurrency management for transportation facilities. 12 Item # 17 4.2.7.6.4 Attachment number 5 Page 13 of 17 In particular, transportation analysis for the project shall include the following: A. Recognition of standard data sources as established by the MPO. B. Identification of level of service (LOS) standards for state and county roads as established by the MPO. C. Utilization of proportionate fair share requirements consistent with Chp. 163, F.S., and the MPO model ordinance. D. Utilization of the MPO Traffic Impact Study Methodology. E. Recognition of the MPO designation of "Constrained Facilities" as set forth in the most current MPO Annual Level of Service Report. Operatin2: Characteristics and Restrictions. The purpose of this provision is to ensure that a project authorized to use any portion of the increased density and intensity provided for in Table 3 is built, functions, operates and is occupied exclusively as temporary lodging. In particular, temporary lodging uses at the densities/intensities in Table 3 or any density higher than the standard density provided for such use in each applicable Countywide Plan Map category, shall comply with the following restrictions: A. No temporary lodging unit shall be occupied as a residential dwelling unit, and a locally-determined maximum length. of stay for any consecutive period oftime shall be established by the local government to ensure that any temporary lodging use does not function as a residential use. B. Temporary lodging units shall not qualify or be used for homestead or home occupation purposes. C. All temporary lodging units must be included in the inventory of units that are available within a temporary lodging use. D. No conversion of temporary lodging units to residential dwelling units shall be pennitted unless the conversion is in compliance with the Countywide Rules with respect to the permitted residential density and, where applicable, the intensity for associated non-residential uses. E. A temporary lodging use may include accessory uses, such as recreational facilities, restaurants, bars, personal service uses, retail uses, meeting space, fitness centers, spa facilities, parking structures and other uses commonly associated with temporary lodging uses. All such uses shall be included in the calculation of allowable floor area ratio. Item # 17 1"1 Attachment number 5 Page 14 of 17 F. Any license required of a temporary lodging use by the local government, county, or state agency shall be obtained and kept current. G. Temporary lodging uses shall be subject to all applicable tourist development tax collections. H. A reservation system shall be required as an integral part of the temporary lodging use and there shall be a lobby/front desk area that must be operated as a typical lobby/front desk area for temporary lodging would be operated. 1. Temporary lodging uses must have sufficient signage that complies with local codes and is viewable by the public designating the use as a temporary lodging use. J. The books and records pertaining to use of each temporary lodging unit shall be open for inspection by authorized representatives of the applicable local government, upon reasonable notice, in order to confirm compliance with these regulations as allowed by general law. K. The applicable local government may require affidavits of compliance with this Section from each temporary lodging use and/or unit owner. SECTION 3. The portions of Article 7. Definitions, are hereby amended as set forth below. All other portions of Article 7 not included in this ordinance are preserved and remain as previously set forth in the Countywide Rules. Amendment of the definitions in Article 7 of the Countywide Rules as follows: Temporary Lod2:in2: Unit - An individual room, rooms or suite within a temporary lodging use designed to be occupied as a single unit for temporary occupancy. Temporary Lod2:in2: Use - A facility containing one or more temporary lodging units, the occupancy of. which occurs, or is offered or advertised as being available, for a term of less than one (I) month, more than three (3) times in any consecutive twelve (12) month period. In determining whether a property is used as a temporary lodging use, such determination shall be made without regard to the form of ownership of the property or unit, or whether the occupant has a direct or indirect ownership interest in the property or unit; and without regard to whether the right of occupancy arises from a rental agreement, other agreement, or the payment of consideration. Tourist Facility Use - Those facilities and services, such as retail shops, eating and drinking establishments, meeting space and recreation facilities designed primarily to serve tourists, Item # 17 14 Attachment number 5 Page 15 of 17 visitors, and seasonal residents in conjunction with the residential and temporary lodging uses where provided for in the Resort Facilities categories. SECTION 4. Severability. It is declared to be the intent of the Board of County Commissioners that if any section, subsection, sentence, clause, phrase, or provision of this ordinance is held invalid or unconstitutional, such invalidity or unconstitutionality shall not be construed as to render invalid or unconstitutional the remaining provisions of this ordinance. SECTION 5. Filing of Ordinance; Effective Date. Pursuant to Section 125.66, Florida Statutes, a certified copy of this Ordinance shall be filed with the Department of State by the Clerk of the Board of County Commissioners within ten (10) days after enactment by the Board of County Commissioners. This Ordinance shall become effective upon filing with the Department of State. Item # 17 15 APPROVED AS TO FORM OFFICE OF COUNTY ATIORNEY ~L '. Attachment number 5 Page 16 of 17 "".1 . Item # 17 Attachment number 5 Page 17 of 17 STATE OF FLORIDA COUNTY OF PINElLAS I, KEN BURKE, Clerk of the Circuit Court and Ex-officio Clerk to the Board of County Commi~sio~ers, in and for the State and County aforesaid, DO HEREBY CERTIFY that the foreg~ln~ IS a true ~nd correct copy of an Ordinance adopted by the Board of County CommissIoners of PlOellas County, Florida, on October 16, 2007 relative to: ORDINANCE NO, . .07-50 AN ORDINANCE AMENDING PINELLAS COUNTY ORDINANCE NO. 89-4, AS AMENDED, THE COUNTYWIDE PLAN ADOPTION ORDINANCE, BY AMENDING THE "RULES CONCERNING THE ADMINISTRATION OF THE COUNTYWIDE FUTURE LAND USE PLAN," AS AMENDED; PROVIDING FOR ALTERNATIVE DENSITY AND INTENSITY STANDARDS FOR TEMPORARY LODGING USE; PROVIDING FOR REQUIREMENTS APPLICABLE TO THE UTILIZATION OF SUCH ALTERNATIVE DENSITY/INTENSITY STANDARDS, INCLUDING PROVISION FOR DEVELOPMENT AGREEMENTS TO BE APPROVED AT THE LOCAL LEVEL AND MEMORlALIZED BY DEED RESTRICTION; PROVIDING FOR AMENDED DEFINITIONS OF TRANSIENT ACCOMMODATION UNIT, TRANSIENT ACCOMMODATION USE, AND TOURIST FACILITY USE; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE; AND .pROVIDING FOR MODIFICATION THAT MAY ARISE FROM CONSIDERATION OF THE ORDINANCE AT PUBLIC HEARING. IN WITNESS WHEREOF, I hereunto set my hand and official seal this October 24,2007. \\<ft1Ilttlti/J( .,\ It I ,~", :;\;\d 80,{6 '111/ ....". ~"\."\ .~......... 4~;{) /'i ,.' .'\ o. r. n -.. () -;:. . ...:).. V ) ~ /f\ ~ 1..: .........~.:l .4. !~ ~.I' (1 ~.. J, 0 ;-r-, ~:':J::: :~~ i. I'!., ~g ~ ':J... ':.' ~. .:' :"":: .. o. . ..: ~... : (") E .~.. f!:A't' ,fD- . {' .. (SeAL) ..eO ..,$' ~. . OJ'!> 0" 0" H~' ~ . T/0......... S::> ~. ". 4 ~tl...\''.j'\. ,\.... .~.44 uQ:l' ,,\\\\ '(IIIHut;l\\ By: KEN BURKE Clerk of the Circuit Court and Ex-officio Clerk to the Board of County Commissioners ~QMJ.L_ inda R. Reed, Deputy Clerk Item # 17 Attachment number 6 PINELLAS PLANNING COUNCIL AGENDA MEMORANDUM I A GENDA ITEM: TIT C-1. II MEETING DATE: January 17, 2007 SUBJECT: Proposed Countywide Rule Amendment - Temporary Lodging Use RECOMMENDATION: Council Review and Recommend To The Countywide Planning Authority Approval of Countywide Rule Amendments By Adopting Resolution Number 07-1. 1. BACKGROUND Linking countywide redevelopment efforts with the tourism industry to complement overall economic development policy is an enumerated strategy in Pinel/as By Design. Specifically, one of the implementation actions under this strategy is to utilize the findings of previous studies that document the loss of tourist accommodations to guide revision of policies governing redevelopment for such use. Upon approval of Pinel/as By Design, the Council and the Board of County Commissioners each developed a specific list of follow-up actions to assist with the implementation of this countywide economic development and redevelopment plan. The third item on this enumerated list of implementation actions to be pursued was to "analyze the transient accommodation to residential density ratio to encourage tourist resort facilities." Council staff proceeded to examine this issue and, beginning in the summer of 2006, discussed with the Council potential Countywide Rule amendments intended to address the loss of temporary lodging units in Pinellas County. As a major part of this effort, the PPC, the Countywide Planning Authority, and the Tourist Development Council examined the issue at a joint meeting on August 29th, with the parties identifying numerous matters pertaining to incentivizing temporary lodging accommodations. PINELLAS PLANNING COUNCIL ACTION: The Council approved Resolution No. 07-1, and authorized transmittal to the Countywide Planning Authority for their consideration (vote 11-0). COUNTYWIDE PLANNING AUTHORITY ACTION: 02/06/07: The Board approved a Work Session to consider Proposed Amendments to the Countywide Plan Rules - Temporary Lodging Use, to be held on March 22,2007 (vote 7-0). C:\Program Files\Neevia.Com\Document Converter\temp\PDFConvert.5659.l.PPC January 2007 StatfReport.doc Item "ff "I Attachment number 6 SUBJECT: Proposed Countywide Rule Amendment - Temporary Lodging Use In follow up to that meeting, the PPC joined the City of St. Pete Beach in funding a study of temporary lodging use issues, including the economic analysis of market conditions and development costs, as well as site design considerations. At the November Council meeting, Owen Beitsch, Ph.D., of Real Estate Research Consultants, presented his findings on the economic analysis and related site considerations as part of the joint effort with St. Pete Beach. In addition to Dr. Beitsch's presentation at the November meeting, Council staff reviewed draft amendments to the Countywide Rules that would better reflect the economic realities of developing new or reconstructed temporary lodging facilities. After deliberation, the Council authorized the draft ordinance be advertised for public hearing at the January 2007 meeting. The proposed Countywide Rule amendments will provide local governments with an alternative to allow higher density and intensity standards for temporary lodging uses. The proposed amendments will allow an additional number of units per acre, and provide for a maximum floor area that is intended to accommodate all ancillary uses to the temporary lodging facility. The increases in density range from 1.5 to 2.5 times the number of temporary lodging units now permitted, depending on the plan category and size of the property. The ordinance requires that adoption of these higher density and intensity standards by local government be subject to establishment of additional applicable requirements, including design guidelines, a coordinated approach to transportation concurrency management, and additional use restrictions. The ordinance also provides amended definitions for temporary lodging uses, commonly referred to as hotels or motels. II. RECOMMENDATION Staff recommends the Council review and recommend approval of the Countywide Rule amendments to the Countywide Planning Authority (CPA) by adopting Resolution Number 07-1 and accompanying Exhibit 1. If approved by the Council, the Council's recommendation will be transmitted to the CP A for their February 6, 2007, meeting, with a request to authorize the two requisite public hearings by the CP A for March. III. PLANNERS ADVISORY COMMITTEE (PAC) The Planners Advisory Committee met on October 9th and November 6th to discuss the proposed Countywide Rule amendments. At their October meeting, they voted to support the overall efforts to amend the Countywide Rules. Specifically, they recommended that the Council move forward with the proposed changes, considering the three options which were discussed with them. No changes were made to their recommendation at their November meeting and all three options were identified for the Council at the November meeting. 2 Item # 17 Attachment number 6 SUBJECT: Proposed Countywide Rule Amendment - Temporary Lodging Use At their meeting on January 8, 2007, the PAC discussed this item and voted 10-2 to recommend approval to the Council. The Pinellas County and City of Clearwater representatives originally expressed the desire to abstain, but voted in opposition for the reasons explained following. The Pinellas County representative indicated he had not yet spoken with the County Administrator and was aware of concerns that the ordinance might have the effect of increasing taxes on "mom & pop" hotels and concern that the ordinance did not provide for a reduction in the number of permanent residential units permitted. The Clearwater representative indicated the City anticipated addressing the temporary lodging issue, but may consider another approach. IV. ATTACHMENTS Attachment 1 Resolution 07-1, including draft ordinance with strike through and underline as Exhibit 1 to the resolution Attachment 2 Final October, November, and Draft January PAC Minutes 3 Item # 17 Meeting Date: 3/17/2008 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Approve amendments to Beach by Design: A Preliminary Design for Clearwater Beach and Design Guidelines that establish the Hotel Density Reserve and associated criteria for allocation, and Pass Ordinance 7925-08 on first reading. SUMMARY: The Planning Department is recommending amendments to Beach by Design that would establish a Hotel Density Reserve containing 1,385 hotel rooms for allocation on a project-by-project basis to enable hotel development to achieve economic parity and to provide for the development of new mid-size, mid-priced hotels. The need for and the size of the Hotel Density Reserve was reached following the completion of an economic study that identified hotels as having an economic disparity with condominium development, and the completion of a traffic study that concluded only a maximum across-the-board density of 90 hotel rooms per acre could be achieved on Clearwater Beach. With regard to the economic study, which was conducted in October 2006, it was determined that condominium development could support on average a land value that is seven times higher per unit than hotel development. Accordingly, hotels would need roughly 5 to 7 rooms for every condominium unit in order to compete with potential condominium development in terms of economic viability. The traffic study that was subsequently undertaken in order to determine the maximum density that could be achieved within the established Level of Service (LOS) standards for the transportation network, determined that Clearwater Beach could support an additional 1 ,385 hotel rooms or an across-the-board density of 90 hotel rooms per acre. As economic parity would not be achieved with an across-the-board density, Beach by Design would capture the development potential that could exist between 50 and 90 hotel rooms per acre within the Hotel Density Reserve for allocation on a project-by-project basis. It is also noted that the existing capacity and demand for both potable water and wastewater was examined and no capacity issues are anticipated with either. The City's average consumption of potable water is 13 MGD (million gallons per day), and the City has facilities that can produce 4 MGD with the balance of the potable water service being provided from Tampa Bay Water via interconnects with Pinellas County, and there is no cap on the agreement for purchased water. The recent peak historic flow (past five years) for wastewater is 20.04 MGD and the City has a wastewater capacity of approximately 28.5 MGD. It is further noted, however, that some wastewater system improvements will be needed at some point, but the costs associated with those improvements would have to be born by the private sector. In addition, the amendment also establishes several criteria that must be incorporated and/or met in order for a project to draw units from the Reserve. Some of those criteria are as follows: . Those properties and/or developments that have acquired density from the Destination Resort Density Pool are not eligible to have rooms allocated from the Reserve. . Those properties and/or developments that have had density transferred off to another property and/or development(s) through an approved Transfer of Development Rights (TDR) application by the City after December 31, 2007, are not eligible to have rooms allocated from the Reserve. . The lot size of the subject property must be at least 0.75 acres (32,670 square feet). . A maximum of 100 hotel rooms may be allocated from the Reserve to any development with a lot size between 0.75 and 2.5 acres. Those developments with a lot size greater than 2.5 acres may use the Reserve to achieve the difference between 50 and 90 hotel rooms per acre. . Accessory uses inconsistent with amenities typical of a mid-priced hotel shall require compliance with the base FAR requirements of the Resort Facilities High (RFH) Future Land Use category. . The maximum building heights of the various character districts cannot be increased to accommodate hotel rooms allocated from the Reserve. . When both the allocation of hotel rooms from the Reserve and the transfer of development rights (TDR) are utilized as part of a development, only hotel rooms brought in to the project through the TDR process are eligible to be constructed above the otherwise maximum building height, but only provided that all TDR criteria are met. Cover Memo Refer to the staff report and Ordinance 7925-08, for all of the allocation criteria as well as further analysis and inform~9PI9f tffl proposed amendment. The Community Development Board (CDB) will review the proposed text amendments at its pubic hearing of March 18, 2008. The recommendation of the CDB as well as any comments of the Board will be presented to the Council at the meeting. Review Approval: 1) Office of Management and Budget 2) Legal 3) Clerk 4) Assistant City Manager 5) Clerk 6) City Manager 7) Clerk Cover Memo Item # 18 Attachment number 1 Page 1 of 5 CDB Meeting Date: Case Number: Ordinance No.: Agenda Item: March 18, 2008 Amendments to Beach by Design 7925-08 H. 2. CITY OF CLEARWATER PLANNING DEPARTMENT STAFF REPORT REQUEST: Amendments to Beach by Design: A Preliminary Design for Clearwater Beach and Design Guidelines INITIA TED BY: City of Clearwater Planning Department BACKGROUND / ANALYSIS: In 2001 the City adopted Beach by Design: A Preliminary Design for Clearwater Beach and Design Guidelines. This special area plan set forth a series of revitalization strategies for Clearwater Beach and established eight distinct character districts to regulate land use, location of uses and generally the scale of development. Beach by Design also established a pool of 600 hotel rooms that were to be made available to certain specifically designated properties in order to stimulate desired catalytic resort projects. While this pool was successful in stimulating desired resort projects such as Sand Pearl, Aqualea, and Kiran Grande, Clearwater Beach still suffered a loss of numerous mid-size, mid-priced hotel rooms to a thriving condominium market from 2002 until 2006/07, and the loss of these rooms became a significant issue for both Clearwater Beach and the City as a whole. The loss of hotel rooms was due, in part, to the relationship between land costs for hotels and land costs for condominiums. A study prepared by Dr. Owen Beitsch in October 2006, found that a one-acre property purchased for $1,000,000 for condominium development requires a much lower density and provides a much greater return on investment than does the same property purchased for the same price, but for a hotel development. The return on investment for a condominium is also immediate, whereas a hotel returns its investment slowly over a longer period of time. While the condominium market is no longer as strong as it has been, the past demand for condominium product has driven land value so disproportionately high that hotels cannot economically compete under the current comprehensive plan and land development regulations. Current land valuations and caps on densities, in tandem with existing operations that generate adequate revenues, have created a situation where land costs have made new hotel development prohibitive absent some focused intervention that brings values more in line with those needed to support new development. In short, it has been determined that if the existing hotel stock on Clearwater Beach is to be revitalized then densities that invite reinvestment are needed. Dr. Beitsch's study further indicated that condominium development could support on average a land value that is seven times higher per unit than hotel development. Accordingly, hotels would need roughly 5 to 7 rooms for every condominium unit in order to compete with potential condominium development in terms of economic viability. Based upon the existing density for condominiums at 30 units per acre, hotels would require a density of between 150 and 210 rooms per acre to be an economically viable alternative to condominiums. Community Development Board - March 18, 2008 Amendments to Beach by Design - Page 1 Item # 18 Attachment number 1 Page 2 of 5 While the Countywide Planning Authority (CPA) amended the Rules Concerning the Administration of the Countywide Future Land Use Plan (Countywide Plan Rules) adopting alternative density and intensity standards for hotels in certain future land use categories, those amendments would only provide approximately 2.5 to 4.1 hotel rooms for every condominium unit, dependant upon the size of the subject property. As stated previously, Dr. Beitsch's study found that hotel density must be 5 to 7 times that of condominium density; therefore the amendment to the Countywide Plan Rules would not adequately address the issue of economic parity. As Clearwater Beach is designated as a Community Redevelopment District on the Pinellas Planning Council's Countywide Future Land Use Map, the City has the option to have different density provisions from those set forth in the Countywide Plan Rules. Therefore, the City hired DKS & Associates to conduct a traffic analysis in order to determine the maximum density that could be achieved within the established Level of Service (LOS) standards for the transportation network. The study revealed that upon excluding those properties where it can be safely assumed that redevelopment is unlikely, and those properties where approved development proposals already exist; approximately 18 acres of land has a reasonable potential for redevelopment under a higher maximum density for hotel use. The study further assumed that an additional 7.57 acres ofland had potential for residential (condominium) redevelopment at a density of 30 dwelling units per acre, and that an increase of 30,000 square feet of commercial floor area could occur. Based upon these assumptions, hotel development at the highest density necessary to achieve economic parity (210 rooms per acre), when added to the traffic associated with the existing and approved development trips, would result in the overburdening of the existing transportation infrastructure. Further analysis concluded that an across-the-board density of 90 hotel rooms per acre could be accommodated given the performance of minor mitigation/improvements to the existing transportation infrastructure. While, increasing hotel density to 90 rooms per acre for all properties within Beach by Design would provide a substantial increase upon existing hotel density, this would only result in an increase that would provide three hotel rooms for every condominium unit and the prescribed economic parity would not be achieved. Therefore, it is proposed to capture the development potential that could exist between 50 and 90 hotel rooms per acre (1,385 hotel rooms) within a Hotel Density Reserve that could be allocated on a project-by-project basis to enable hotel development to achieve economic parity and to provide for the development of new mid-size, mid-priced hotels. The allocation of hotel rooms from the Reserve would be made by approval of the City Council as part of a development agreement with those allocations being strictly controlled. In order to be eligible to draw units from the Reserve, a development would have to incorporate, meet, and/or abide by several criteria, which are set forth in full in the attached ordinance, and a selection of those criteria follows: .:. Those properties and/or developments that have acquired density from the Destination Resort Density Pool are not eligible to have rooms allocated from the Reserve. .:. Those properties and/or developments that have had density transferred off to another property and/or development(s) through an approved Transfer of Development Rights (TDR) application by the City after December 31,2007, are not eligible to have rooms allocated from the Reserve. .:. The lot size of the subject property must be at least 0.75 acres (32,670 square feet). Community Development Board - March 18, 2008 Amendments to Beach by Design - Page 2 Item # 18 Attachment number 1 Page 3 of 5 .:. A maximum of 100 hotel rooms may be allocated from the Reserve to any development with a lot size between 0.75 and 2.5 acres. Those developments with a lot size greater than 2.5 acres may use the Reserve to achieve the difference between 50 and 90 hotel rooms per acre. .:. Accessory uses inconsistent with amenities typical of a mid-priced hotel shall require compliance with the base FAR requirements of the Resort Facilities High (RFH) Future Land Use category. .:. The maximum building heights of the various character districts cannot be increased to accommodate hotel rooms allocated from the Reserve. .:. When both the allocation of hotel rooms from the Reserve and the transfer of development rights (TDR) are utilized as part of a development, only hotel rooms brought in to the project through the TDR process are eligible to be constructed above the otherwise maximum building height, but only provided that all TDR criteria are met. In addition to the above, the existing capacity and demand for both potable water and wastewater was examined and a determination was made that no capacity issues are anticipated with either. The City's average consumption of potable water is 13 MGD (million gallons per day), and the City has facilities that can produce 4 MGD with the balance of the potable water service being provided from Tampa Bay Water via interconnects with Pinellas County, and there is no cap on the agreement for purchased water. The recent peak historic flow (past five years) for wastewater is 20.04 MGD and the City has a wastewater capacity of approximately 28.5 MGD. It is further noted, however, that some wastewater system improvements will be needed at some point, but the costs associated with those improvements would have to be born by the private sector. Attached with this staff report is the proposed Ordinance No. 7925-08, which amends Beach by Design to clarify all references to the existing "pool" as referring to the Destination Resort Density Pool, to clarify the existing increased height provisions and their relationship to the Destination Resort Density Pool, and to establish the Hotel Density Reserve and its associated criteria. Within the ordinance document, text that is underlined indicates proposed language and text containing strikcthroughs indicate deletions. CRITERIA FOR TEXT AMENDMENTS: Community Development Code Section 4-601 sets forth the procedures and criteria for reviewing text amendments. All text amendments must comply with the following: 1. The proposed amendment is consistent with and furthers the goals, policies and objectives of the Comprehensive Plan. Below is a selected list of goals, objectives and policies from the Clearwater Comprehensive Plan that are furthered by the proposed amendments to Beach by Design: Objective 1.2 Population densities (included in the Coastal Management Element and the Future Land Use Map) in coastal areas are restricted to the maximum density allowed by the Countywide Future Land Use Designation of the property, except for specific areas identified in Beach by Design: A Preliminary Design for Clearwater Beach and Design Guidelines, and shall be consistent with the Pinellas County Hurricane Evacuation Plan and the Regional Hurricane Evacuation Plan and shall be maintained or decreased. Community Development Board - March 18, 2008 Amendments to Beach by Design - Page 3 Item # 18 Goal 2 Objective 2.1 Policy 2.1.1 Policy 5.1.1 Attachment number 1 Page 4 of 5 The City of Clearwater shall utilize innovative and flexible planning and engineering practices, and urban design standards in order to protect historic resources, ensure neighborhood preservation, redevelop blighted areas, and encourage infill development. The redevelopment of blighted, substandard, inefficient and/or obsolete areas shall be a high priority and promoted through the implementation of redevelopment and special area plans, the construction of catalytic private projects, city investment, and continued emphasis on property maintenance standards. Redevelopment shall be encouraged, where appropriate, by providing development incentives such as density bonuses for significant lot consolidation and/or catalytic projects, as well as the use of transfer of developments rights pursuant to approved special area plans and redevelopment plans. No new development or redevelopment will be permitted which causes the level of City services (traffic circulation, recreation and open space, water, sewage treatment, garbage collection, and drainage) to fall below minimum acceptable levels. However, development orders may be phased or otherwise modified consistent with provisions of the concurrency management system to allow services to be upgraded concurrently with the impacts of development. In addition to the above, the following objective and policies are proposed with the companion Ordinance No. 7924-08, which amends the Clearwater Comprehensive Plan. These would also be furthered by the proposed amendments to the Beach by Design: Objective 2.6 Policy 2.6.1 Policy 2.6.2 Tourism is a substantial element of the City's economic base and as such the City shall continue to support the maintenance and enhancement of this important economic sector. The City supports and encourages the continued development and redevelopment of overnight accommodation uses. The City supports the adoption of higher density/intensity standards for overnight accommodation uses such that a sufficient supply shall be available within the City provided that concurrency standards are met. 2. The proposed amendment furthers the purposes of the Community Development Code and other City ordinances and actions designed to implement the Plan. The proposed amendment to Beach by Design will further the purposes of the Community Development Code in that it will be consistent with the following purposes set forth in CDC Section 1-103 : o Allowing property owners to enhance the value of their property through innovative and creative redevelopment (CDC Section 1-103.B.1). o Strengthening the City's economy and increasing its tax base as a whole (CDC Section 1- 103.B.3). Community Development Board - March 18, 2008 Amendments to Beach by Design - Page 4 Item # 18 Attachment number 1 Page 5 of 5 SUMMARY AND RECOMMENDA nON: The proposed amendment to Beach by Design: A Preliminary Design for Clearwater Beach and Design Guidelines are consistent with and furthers the goals of the Clearwater Comprehensive Plan and the purposes of the Community Development Code. Further, the proposed amendment will assist in overcoming the constraints upon hotel development on Clearwater Beach due to the economic disparity with condominium development, as well as facilitating the restoration of lost mid-size, mid-priced hotels. The Planning Department recommends APPROVAL of Ordinance No. 7925-08 that amends Beach by Design: A Preliminary Design for Clearwater Beach and Design Guidelines. Prepared by Planning Department Staff: Robert G. Tefft, Planner III ATTACHMENTS: o Ordinance No. 7925-08 o Beach Area Tratlic Study o White Paper of August 2007 S:\Planning DepartmentlBEACH BY DES1GNlAMENDMENTS TO BEACH BY DES1GNI2008 Hotel Density Reserve AmendmentlOrdinance No 7925-08200803-18 CDB Staff Report. doc Community Development Board - March 18, 2008 Amendments to Beach by Design - Page 5 Item # 18 Attachment number 2 Page 1 of 2 ORDI NANCE NO. 7925-08 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA MAKING AMENDMENTS TO BEACH BY DESIGN: A PRELIMINARY DESIGN FOR CLEARWATER BEACH AND DESIGN GUIDELINES; BY ESTABLISHING EDITORIAL CONSISTENCY WITH REGARD TO THE NAME OF THE EXISTING 600-UNIT DENSITY POOL AS THE "DESTINATION RESORT DENSITY POOL"; AMENDING SECTION V. CATALYTIC PROJECTS; SUBSECTION B. COMMUNITY REDEVELOPMENT DISTRICT DESIGNATION, ORGANIZING THE EXISTING TEXT OF THIS SUBSECTION INTO A NEW SUBSECTION B. 1. ENTITLED "DESTINATION RESORT DENSITY POOL"; CREATING A NEW SUBSECTION B. 2. ENTITLED "HOTEL DENSITY RESERVE," ESTABLISHING A HOTEL DENSITY RESERVE AND PROVIDING CRITERIA FOR ALLOCATING THE RESERVE; AMENDING SECTION VII. DESIGN GUIDELINES; SUBSECTION A. DENSITY, CLARIFYING DENSITY LIMITS OF 50 UNITS PER ACRE MAY ONLY BE EXCEEDED THROUGH THE DESTINATION RESORT DENSITY POOL OR HOTEL DENSITY RESERVE; AND MAKING MINOR EDITORIAL CHANGES; PROVIDING THAT SAID PROVISIONS SUPPLEMENT THE CLEARWATER COMMUNITY DEVELOPMENT CODE; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the economic vitality of Clearwater Beach is a major contributor to the economic health of the City overall and the City desires to support the tourism industry; and WHEREAS, increases in overnight accommodation density do not result in permanent populations increases; and WHEREAS, the City of Clearwater desires to achieve economic parity between the overnight accommodation and the attached dwelling uses; and WHEREAS, the City of Clearwater desires to restore those mid-priced overnight accommodation units that were lost to redevelopment on Clearwater Beach; and WHEREAS, there is a maximum number of vehicular trips that can be accommodated on the existing transportation network, and the City of Clearwater desires to remain within the established Level of Service (LOS) standards for that transportation network; and WHEREAS, the proposed amendments to Beach by Design have been submitted to the Community Development Board acting as the Local Planning Authority (LPA) for the City of Clearwater; and Ordinance No. 7925-08 Item # 18 Attachment number 2 Page 2 of 2 WHEREAS, the Local Planning Agency (LPA) for the City of Clearwater held a duly noticed public hearing and found that amendments to Beach by Design are consistent with the Clearwater Comprehensive Plan; and WHEREAS, Beach by Design was originally adopted on February 15, 2001, and subsequently amended, now therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. Amendments 1 - 2 to Beach by Design: A Preliminary Design for Clearwater Beach and Design Guidelines attached hereto as Exhibit "A" are hereby adopted. Section 2. This ordinance shall become effective when the Department of Community Affairs (DCA) issues a final order determining the adopted amendment to be in compliance, or the Administration Commission issues a final order determining the adopted amendments to be in compliance, in accordance with Section 163.3184, 163.3187, or 163.3189, F.S., as amended. Section 3. The City Manager or designee shall forward said plan to any agency required by law or rule to review or approve same; and Section 4. It is the intention of the City Council that this ordinance and plan and every provision thereof, shall be considered severable; and the invalidity of any section or provision of this ordinance shall not affect the validity of any other provision of this ordinance and plan; and Section 5. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Frank Hibbard Mayor-Councilmember Approved as to form: Attest: Leslie Dougall-Sides Assistant City Attorney Cynthia E. Goudeau City Clerk 2 Ordinance No. 7925-08 Item # 18 Attachment number 3 Page 1 of 6 EXHIBIT A ATTACHMENT TO ORDINANCE 7925-08 AMENDMENT 1 - BEACH BY DESIGN: A PRELIMINARY DESIGN FOR CLEARWATER BEACH AND DESIGN GUIDELINES, SECTION V. CATALYTIC PROJECTS Amend Subsection B. Community Redevelopment District Designation starting from page 48 as follows: * * * * * DestinMion Resort Density Pool The situation on Clearwater Beach is complicated by a number of additional factors. The existing regulatory regime limits density on the Beach to 40 hotel units per acre. In order to justify the cost of demolishing income producing improvements (no matter how modest), new resort development would require a significant increase in density above 40 hotel units per acre. Depending on the discount rate and the current economic performance of the existing product, the gross cost of acquisition and demolition of existing units ranges from 2 to 4 times the per room cost which a quality resort hotel developer could afford to pay. Finally, much of the obsolescence of Clearwater Beach is attributable to the lack of resort facilities with a full range of on-site amenities. Several of the better hotels on Sand Key and Clearwater Beach operate as "destination resorts," however, even those resorts lack many of the amenities that are available at better hotels in other markets with which Clearwater Beach competes. * * * * * In order to stimulate the desired catalytic resort projects, Beach by Design establishes a limited pool DestinMion Resort Density Pool of 600 additional hotel rooms which would be available for use at one or more sites within designated priority redevelopment areas for a period of ten (10) years. This period would run from the date that the Community Redevelopment District is approved by the County and accepted by the State. In the event that the units were not allocated pursuant to Beach by Design within ten (10) years, the pool of units would cease to exi st. Although Beach by Design creates a pool of additional aestinMion resort hotel rooms which are not currently authorized under the existing planning and regulatory regime, Beach by Design foresees that the additional units will not in fact have any adverse impact on Clearwater Beach, the City of Clearwater, Pinellas County, the Tampa Bay Region or the State of Florida. That is so because the way in which the units would be made available ensures that the nominal externalities of additional barrier island development will be eliminated or mitigated. For example, the reason d'etre of a destination resort is to have guests travel to the resort and spend most of their time (and money) at the resort. This fact is reflected in the Institute of Traffic Engineer's 6th Edition of the Trip Generation Manual which shows that destination resorts generate somewhere between 50% and 12% of the number of trips generated by traditional Ordinance 7925-08, El.tamI '#..'18 Attachment number 3 Page 2 of 6 motels and hotels. Experience from around the State of Florida - from Sanibel to Miami to Boca Raton to the Florida Keys -- demonstrates that guests at destination resorts generate a fraction of the number of daily trips which are projected by the Institute of Traffic Engineers for the occupants of an ordinary hotel room. Equally important, the availability of on-site amenities means that when guests leave the resort, their trips are highly discretionary and unlikely to occur during peak travel periods. A critical concern under Florida law involves increased residential densities on the State's barrier islands. Although the primary concern relates to hurricane evacuation, environmental issues are also implicated in undeveloped areas. Historically, Florida planning and zoning has treated hotel units as a type of residential dwelling, even though hotels are commercial operations and hotel guests do not generate school children or regularly require social and health services. As a result, an increase in hotel units on a barrier island, as a matter of law, constituted an increase in residential intensities - directly, where hotel units are defined as a residential use, or indirectly, as in the case of the Pinellas County Planning Rules and the City's land development regulations where hotel and residential units are interchangeable subject only a density ratio. For the purposes of the additional hotel units pool DestinMion Resort Density Pool, Beach by Design provides that such units are not interchangeable with residential units and that hotel rooms will be limited to tenancies of 30 days or less. In addition, Beach by Design provides that any hotel room which is allocated from the additional hotel loom pool DestinMion Resort Density Pool will be subject to a legally enforceable deed restriction that the hotel which contains an additional hotel room will be closed as soon as practicable after the National Hurricane Center posts a hurricane watch for an area which includes Clearwater Beach. As a result, no occupants of destination resorts would remain to be evacuated when and if a hurricane warning is posted. Recent experience reveals that most hotel reservations are cancelled when a hurricane watch is posted and that most hotel operators close as soon as possible because of the cost of maintaining staff and operations with only a few stalwart guests. In contrast, residents are likely to wait until the last minute or until they are ordered to evacuate. For Clearwater Beach, resort hotel units are an obvious advantage over residential units, that is, 0 persons required to evacuate from one acre of land improved with a destination resort hotel when a hurricane warning is posted, as opposed to 69 persons from one acre of land developed at current residential densities. * * * * * The allocation of units from the pool DestinMion Resort Density Pool to a particular proj ect would be strictly controlled and would require that the proposed resort be of a character that it will serve as a catalyst for the revitalization of Clearwater Beach. In order to be eligible for additional resort hotel units, a project would have to have the following characteristics: * * * * * The allocation of additional hotel rooms from the pool DestinMion Resort Density Pool would be made by approval by the City Commission. The land areas which are eligible for additional hotel rooms from the additional hotel loom pool DestinMion Resort Density Pool are highlighted on the adj acent aerial photograph. - 2 - Ordinance 7925-08, El.tamI '#..'18 Attachment number 3 Page 3 of 6 * * * * * 2 Hotel Density Reserve (2007 TTpdMe) Since 2002 f:le::lrwMer Re::lch h::ls suffered ::I loss of numerous mid-size~ mid-priced hotel rooms to whM h::ld heen ::I thriving condominium m::lrket until 2006/07 The loss of these rooms h::ls hecome ::I signific::lnt issue for hoth f:le::lrwMer Re::lch ::Ind the f:itY::ls ::I whole A study prep::lred hy Dr Owen Reitsch in Octoher 2006 ::In::llyzed the m::lrket ::Ind noted the existence of::l greM economic disp::lrity hetween hotels ::Ind condominiums The disp::lrity W::lS so l::lrge during this time thM hotels required roughly five to seven rooms per condominium unit just to compete with potenti::ll condominium development in terms of economic vi::lhility R::Ised upon the existing density for condominiums of 10 units per ::Icre~ hotels would require ::I density of hetween 150 ::Ind 210 rooms per ::Icre to he ::In economic::llly vi::lhle ::IltemMive to condominiums The current regulMory stmcture permits 50 hotel rooms per ::Icre The loss of hotel rooms ::Ind the fOffilMion of ::In economic disp::lrity hetween hotels ::Ind condominiums were not limited to f:le::lrwMer Re::lch ::Ilone The PPf: ::Ilso recognized the issue ::IS h::lving imp::lcts countywide ::Ind proposed ::In ::Imendment to the "Rules f:onceming the AdministrMion of the f:ountywide Futme L::Ind TTse Pl::ln" (f:ountywide Pl::ln Rules) thM would en::lhle municip::llities the opportunity to ::Idopt ::IltemMive density ::Ind intensity st::lnd::lrds for hotels in cert::lin futme l::lnd use cMegories Following extensive discussions ::Ind modificMions the f:ountywide Pl::lnning Authority (f:PA) eventu::llly ::Ipproved the ::IltemMive density propOS::l! on Octoher 16 2007 vi::l Pinell::ls f:ounty Ordin::lnce No 07-50 The ::Illow::lhle densities/intensities~ however~ did not ::Ichieve tme economic p::lrity ::Ind encom::lged resorts ::Ind not the mid-size~ mid-priced hotels thM f:le::lrwMer Re::lch h::ls lost While the DestinMion Resort Density Pool creMed hy Reach hy Design h::ls heen successtlll in incentivizing resorts such ::IS the S::Ind Pe::ld the Aqu::lle::l ::Ind the Kir::ln Gr::lnde~ the f:ity needs to Mtr::lct other types of hotels in order to provide ::I v::lriety of tomist f::lcilities ::Ind rem::lin competitive in the tourist m::lrket Since the Pinell::ls Pl::lnning f:ouncil's f:ountywide Futme L::Ind TTse M::Ip designMes f:le::lrwMer Re::lch ::IS ::I f:ommunity Redevelopment District the f:ity h::ls the option to h::lve density provisions thM ::Ire different thM those set forth in The Rules rnncerning the Administratinn nfthe rnuntywide Future [,and Use Plan The f:ity h::ls opted to pmsue density incre::lses thM would g(lin economic p::lrity in hopes of f::lcilitMing new mid-size~ mid-priced hotels The f:ity hired DKS & AssociMes to conduct ::I tr::lffic ::In::llysis in order to determine whM density could he ::Ichieved on f:le::lrwMer Re::lch while m::lint::lining the est::lhlished Level of Service (T ,oS) for tr::lnsportMion concurrency The study determined thM the densities needed to ::Ichieve tme economic p::lrity would degr::lde the T,OS for the tr::lnsportMion network helow thM ::Illowed hy the f:le::lrwMer f:omprehensive Pl::ln Therefore~ ::Iddition::ll scen::lrios were undert::lken ::Ind it W::lS suhsequently determined thM f:le::lrwMer Re::lch could support ::In ::Iddition::ll 1 ]R5 hotel rooms or ::In ::Icross-the-ho::lrd density of 90 hotel rooms per ::Icre However~ since this density fell short creMing the economic p::lrity desired the f:ity deteffilined thM it could hetter meet its gO::l1 of f::lcilitMing the mid-size~ mid-priced hotel hy c::lpturing this - 3 - Ordinance 7925-08, Eltaml 'fA'18 Attachment number 3 Page 4 of 6 development potenti::ll into ::I reserve ::Ind ::IllocMing those reserved hotel rooms on ::I p::lrcel-hy- p::lrcel h::lsis This ::Ippro::lch would ::Ilso ::Illow the typic::ll 120-room mid-size~ mid-price hotel to he constmcted on sm::lller properties Hotel industry somces h::lve indicMed thM 120 is ::I pr::lctic::ll minimum for the numher of hotel rooms thM would he required in order to creMe ::I successful ::Ind profit::lhle mid-size~ mid- priced hotel For f:le::lrwMer Re::lch thM would me::ln ::In ::Issemhly of roughly 2 4 ::Icres under the current regulMory stmcture Given the urh::ln nMure of f:le::lrwMer Re::lch ::IS well ::IS the extent to which the existing p::lrcels of l::lnd ::Ire configured or "hroken-up"~ the ::Issemhl::lge of::l p::lrcel of l::lnd l::lrge enough to generMe 120 rooms M the current h::lse density or under the CP A ::Ipproved ::IlternMives~ is very unlikely On ::Iver::lge~ hetween three ::Ind five sep::lrMe p::lrcels would need to he ::Icquired to ::Im::lss just one ::Icre of l::lnd ::Ind M le::lst ten p::lrcels would need to he ::Icquired to ::Im::lss three ::Icres of l::lnd ::Ind in most scen::lrios some segment of those ten p::lrcels would he sep::lrMed from the h::ll::lnce hy ::I right-of-w::lY: therehy m::lking the development of::l hotel difficult M hest Tn order to overcome the constr::lints upon hotel development on f:le::lrwMer Re::lch due to the economic disp::lrity with condominium development ::IS well ::IS to f::lcilitMe the restorMion of those lost mid-size~ mid-priced hotels~ Re::lch hy Design est::lhlishes ::I Hotel Density Reserve (Reserve) of 1 ]R5 hotel rooms The ::IllocMion of hotel rooms from the Reserve sh::lll he m::lde hy ::Ipprov::ll of the f:ity f:ouncil ::IS p::lrt of::l development ::Igreement with s::lid ::IllocMion heing strictly controlled Tn order to he eligihle to dr::lw units from the Hotel Density Reserve~ ::I development would h::lve to incorporMe~ meet ::Ind/or ::Ihide hy e::lch of the following' .:. Those properties ::Ind/or developments thM h::lve ::Icquired density from the DestinMion Resort Density Pool ::Ire not eligihle to h::lve rooms ::IllocMed from the Reserve' ~ .:. Those properties ::Ind/or developments thM h::lve h::ld density tr::lnsferred off to ::Inother property ::Ind/or development(s) through ::In ::Ipproved Tr::lnsfer of Development Rights (TDR) ::IpplicMion hy the f:ity ::Ifter Decemher 11 ~ 2007 ::Ire not eligihle to h::lve rooms ::IllocMed from the Reserve' ~ .:. The lot size of the suhject property must he M le::lst 0 75 ::Icres (12670 squ::lre feet): .:. A m::lximum of 100 hotel rooms m::lY he ::IllocMed from the Reserve to ::Iny development with ::I lot size hetween 075 ::Ind 25 ::Icres Those developments with ::I lot size greMer th::ln 25 ::Icres m::lY use the Reserve to ::I chi eve the difference hetween 50 ::Ind 90 hotel rooms per ::Icre .:. Accessory uses inconsistent with ::Imenities typic::ll of ::I mid-priced hotel sh::lll require compli::lnce with the h::lse FAR requirements of the Resort F::Icilities High (RFH) Futme L::Ind T J se cMegory: .:. No hotel room ::IllocMed from the Reserve m::lY he converted to ::I residenti::lluse (i e Mt::lched dwelling): - 4 - Ordinance 7925-08, El.tamI '#..'18 Attachment number 3 Page 5 of 6 .:. The m::lXlmUm huilding heights of the v::lrious ch::lr::lcter districts c::lnnot he incre::lsed to ::IccommodMe hotel rooms ::IllocMed from the Reserve' ~ .:. When hoth the ::IllocMion of hotel rooms from the Reserve ::Ind the tr::lnsfer of development rights (TDR) ::Ire utilized ::IS p::lrt of::l development only hotel rooms hrought in to the project through the TDR process ::Ire eligihle to he constmcted ::Ihove the otherwise m::lximum huilding height hut only provided thM ::111 TDR criteri::l ::Ire met: .:. A leg::llly enforce::lhle m::lndMory eV::lcuMion/closme coven::lnt thM the overnight ::IccommodMion use will he closed ::IS soon ::IS pr::lctic::lhle ::Ifter::l hmric::lne wMch thM includes f:le::lrwMer Re::lch is posted hy the NMion::ll Hmric::lne f:enter: .:. Access to overnight ::IccommodMion units must he provided through ::I lohhy ::Ind intern::ll corri d ors . ~ .:. All hotel rooms oht::lined from the Reserve thM ::Ire not constmcted sh::lll he returned to the Reserve' ~ .:. The development sh::lll comply with the Metropolit::ln Pl::lnning OrgrmizMion's (MPO) countywide ::Ippro::lch to the ::IpplicMion of concurrency m::ln::lgement for tr::lnsportMion f::lcilities~ ::Ind the tr::lnsportMion ::In::llysis conducted for the development sh::lll include the following- · Recognition of st::lnd::lrd dM::I somces ::IS est::lhlished hy the MPO: · TdentificMion of level of service (LOS) st::lnd::lrds for stMe ::Ind county ro::lds::ls est::lhlished hy the MPO: · TTtilizMion of proportion ::II f::lir-sh::lre requirements consistent with Florid::l StMues ::Ind the MPO model ordin::lnce' ~ · TTtilizMion of the MPO Tr::lffic Tmp::lct Study Methodology: ::Ind · Recognition of the MPO designMion of "f:onstr::lined F::Icilities" ::IS set forth in the most cmrent MPO Annu::ll Level of Service Report .:. A reserv::ltion system sh::lll he required ::IS ::In integr::ll p::lrt of the hotel use ::Ind there sh::lll he ::I lohhy/front desk ::Ire::l thM must he operMed ::IS ::I typic::ll lohhy/front desk ::Ire::l for ::I hotel would he operMed: ::Ind .:. The hooks ::Ind records pert::lining to use of e::lch hotel room sh::lll he open for inspection hy ::Iuthorized representMives of the f:ity~ upon re::lson::lhle notice~ in order to confirm compli::lnce with these regJllMions ::IS ::Illowed hy gener::lll::lw AMENDMENT 2 - BEACH BY DESIGN: A PRELIMINARY DESIGN FOR CLEARWATER BEACH AND DESIGN GUIDELINES, SECTION VII. DESIGN GUIDELINES Amend Subsection A. Density on page 64 as follows: - 5 - Ordinance 7925-08, El.tamI '#..'18 Attachment number 3 Page 6 of 6 * * * * * Historically the maximum permitted density for overnight accommodation uses has been 40 units per acre. In order to assist in the redevelopment of Clearwater Beach, the maximum permitted density in Beach by Design shall be 50 units per acre. * It also allows this maximum density of 50 units per acre to be exceeded through the ::IllocMion of units from the DestinMion Resort Density Pool~ the ::IllocMion of units from the Hotel Density Reserve~ ::Ind the use ofTDRs from other properties located within the Clearwater Beach Community Redevelopment District in compliance with the following provisions: * * * * * Beach by Design also supports the allocation of additional density for resort development through the density pool DestinMion Resort Density Pool established in Section V.B~ of this plan~ ::IS well ::IS the ::111 ocMi on of ::Iddition::ll density for mid-price hotel s through the Hotel Density Reserve est::lhlished in Section V R 2 of this pl::ln. The maximum permitted floor area ratio for nonresident development is limited to 1.0 pursuant to the Pinellas County Planning Council intensity standards. * * * * * Amend Subsection B. Height on page 65 as follows: * * * * * to * * * * * - 6 - Ordinance 7925-08, El.tamI '#..'18 Attachment number 4 Page 1 of 11 WHITE PAPER An Analysis and Proposal for Increased Overnight Accommodation Density on Clearwater Beach Item # 18 Attachment number 4 Page 2 of 11 Table of Contents 1.0 Background ......................................................................................................... 3 2.0 Creating Economic Parity .................................................................................... 3 3.0 The Pinellas Planning Council (PPC) Proposal.................................................... 4 4.0 The County Proposal .......................................................................................... 9 5.0 Recommendation ................................................................................................ 9 Acknowledgments ......................................................................................................... 11 An Analysis and Proposal for Increased Overnight Accommodation Density on Clearwater Beach pltemr#l 18 Attachment number 4 Page 3 of 11 1.0 Background In 2001, the City of Clemwater adopted Beach by Design: A Preliminary Design for Clearwater Beach and Design Guidelines. This special area plan set forth a series of strategies to revitalize Clemwater Beach and established eight character districts to regulate land uses and the scale of development. Subsequent to its adoption, the Plan has been amended to address height and massing concerns within the Old Florida District, and to refine the Marina Residential District vision balancing development incentives with the provision of public benefits and amenities. At the time Beach by Design was adopted, it was recognized that existing densities and property acquisition costs already limited the opportunity for new resort development, and that existing "destination resorts" lacked many of the amenities that were available at better hotels in other markets with which Clemwater Beach competed. To overcome these constraints and attract a small number of catalytic "destination resorts" to Clemwater Beach, Beach by Design established a limited pool of 600 additional hotel rooms that would be available at one or more sites within designated priority redevelopment areas. To date, 598 of those additional hotel rooms have been allocated within three projects: Sandpearl (141 rooms), Hyatt/Aqualea (207 rooms), and Kiran Grande (250 rooms). While the catalytic "destination resorts" envisioned by the Plan appear to be coming to frnition, Clemwater Beach lost numerous small and mid-price hotel rooms over the past few years to a thriving condominium market. These losses have been so great that they are outweighed by the number of rooms being brought to Clemwater Beach by the "destination resorts". 2.0 Creating Economic Parity In a study prepared for the City of St. Pete Beach, Owen Beitsch, Ph.D., AICP, CRE, Executive Vice President, Real Estate Research Consultants, examined the economic forces impacting hotel/resort development with specific attention paid to competition between the hotel and condominium markets. The study examined typical land costs necessary for full service hotels on a per room basis and compared them to actual per room land costs in select markets such as Baltimore, San Antonio, Princeton and Fredericksburg, VA, as well as to actual per room land costs in the Pinellas County market. As noted in Table 2.1 below, those select markets require a much greater density in order to make up the per room land costs in those select markets. Pinellas County, however, was found to be on par with the industry standard. TABLE 2.1 - HOTEL DENSITY TO HOTEL LAND COST COMPARISON Per Room Land Cost Density at $1,000,000 per Acre Industry Standard $10,200 - $42,000 23.80 - 98.03 Select Markets $6,037 - $20,704 48.29 - 165.64 Pinellas County (Hotel) $10,518 - $48,493 20.45 - 95.07 Source: Hotels and Condominiums: Costs, Values and Entitlements, October 2006 While Pinellas County may be on par with the industry standard, a closer look reveals that the allowable density on Clearwater Beach (50 units per acre) falls well short of the top end of the industry standard. An Analysis and Proposal for Increased Overnight Accommodation Density on Clearwater Beach pltemr#l 18 Attachment number 4 Page 4 of 11 The problem as to why hotels on Clemwater Beach have been abandoned in favor of condominium development only begins to become apparent when hotel land costs are compared against land costs per condominium unit [Table 2.2]. TABLE 2.2 - HOTEL DENSITy/LAND COST TO CONDOMINIUM DENSITy/LAND COST COMPARISON Per Room Land Cost Density at $1,000,000 per Acre Industry Standard $10,200 - $42,000 23.80 - 98.03 Select Markets $6,037 - $20,704 48.29 - 165.64 Pinellas County (Hotel) $10,518 - $48,493 20.45 - 95.07 Pinellas County (Condominium) $60,100 - $297,200 3.36 - 16.63 Source: Hotels and Condominiums: Costs, Values and Entitlements, October 2006 What becomes evident is that a one-acre property purchased for $1,000,000 for condominium development requires a much lower density and provides a much greater return on investment than does the same property purchased for the same price, but for a hotel development. The return on investment for a condominium is also immediate, whereas a hotel returns its investment slowly over a longer period of time. While the condominium market is no longer as strong as it has been in the past few years, the past demand for condominium product has driven land value so disproportionately high that no other use can economically compete under the current comprehensive plan and land development regulations. Pending further analysis, it appears that current land valuations and caps on densities, in tandem with existing operations that generate adequate revenues, pose a situation where land costs make new hotel development potentially prohibitive absent some focused intervention to bring values more in line with those needed to support new development. In short, if the existing hotel stock on Clemwater Beach is to be revitalized, then densities that invite reinvestment are needed. 2.1 Hotel/Condominium Relationship: According to the information contained within Dr. Beitsch's study, condominium development can support on average a land value of $172,800 per unit, whereas hotel development can support $23,600 per unit on average. Based upon these figures, the study concludes that hotels need roughly 5.5 to 7.5 units per condominium unit in order to compete with potential condominium development in terms of economic viability. 3.0 The Pinellas Planning Council (PPC) Proposal In an attempt to address the countywide losses in hotel rooms the Pinellas Planning Council (PPC) has proposed an amendment to the Countywide Rules to provide incentives for the redevelopment of existing hotels and the development of new hotels [copy attached with the heading " Alternative A Ordinance"]. This amendment, as its title states, would provide for alternative density and intensity standards for temporary lodging (hotel) uses as well as establishing requirements that must be met in order to utilize those alternative densities and intensities. As the proposed amendment states, local governments may utilize the standard densities and intensities that exist within each Countywide Plan Map category, or may, in the alternative, An Analysis and Proposal for Increased Overnight Accommodation Density on Clearwater Beach pltenar#l 18 Attachment number 4 Page 5 of 11 utilize all, or any part of, the higher densities and associated intensities set forth by the amendment [Table 3.1]. TABLE 3.1 - DENSITY AND F.A.R. PROPOSED BY THE PPC Maximum Density/Intensity Standards Plan Temporary Lodging on Property That is: Units / Acre FAR ISR Category A RFH Less Than One-Acre 75 2.0 0.95 Between One-Acre and Three-Acres 100 3.0 0.95 Greater Than Three-Acres 125 4.0 0.95 R/O/R No Property Size Limitations 45 1.0 0.85 CL No Property Size Limitations 45 1.0 0.85 CG No Property Size Limitations 60 1.2 0.90 IL No Property Size Limitations 75B 1.5 0.85 ^ List includes only those categories found in the City of Clearwater Comprehensive Plan B Subject to Master Development Plan requirements in Section 2.3.3.6.1 of the Countywide Plan Source: Pinel/as Planning Council Should the City decide to adopt any or all of the alternative density and intensity standards made available by this amendment, each project that would utilize any part of those alternatives would be required to do the following: o Enter into a Development Agreement with the City of Clemwater, which would be subject to review and recommendation by the PPC and approval by the Countywide Planning Agency (CPA); o Comply with Design Considerations (to be addressed as part of the Development Agreement) with regard to: A. Building Scale: including height, width, location, alignment and spacing; B. Building Design: including elevations, fayade treatment, entrance and porch or balcony projections, window patterns and roof forms; C. Site Improvements: including building and site coverage, accessory strnctures, service and amenity features, walkway and parking areas, open space and view corridors; and D. Adjoining Property Use: including density/intensity, building location, setbacks and height. o Comply with Transportation Concurrency Management through the provlSlon of a transportation analysis covering: A. Recognition of standard data sources as established by the Metropolitan Planning Organization (MPO); B. Identification of level of service (LOS) standards for state and county roads as established by the MPO; C. Utilization of proportionate fair share requirements consistent with Chapter 163, F.S., and the MPO; D. Utilization of the MPO Traffic Impact Study Methodology; and E. Recognition of the MPO designation of "Constrained Facilities" as set forth in the most current MPO Annual Level of Service Report. An Analysis and Proposal for Increased Overnight Accommodation Density on Clearwater Beach plternr#l 18 Attachment number 4 Page 6 of 11 o Comply with the following Operating Characteristics and Restrictions on temporary lodging uses (hotels): A. No temporary lodging unit shall be occupied as a residential dwelling unit, and a locally-determined maximum length of stay for any consecutive period of time shall be established by the local government to ensure that any temporary lodging use does not function as a residential use; B. Temporary lodging units shall not qualify or be used for homestead or home occupation purposes; C. All temporary lodging units must be included in the inventory of units that are available within a temporary lodging use; D. No conversion of temporary lodging units to residential dwelling units shall be permitted unless the conversion is in compliance with the Countywide Rules with respect to the permitted residential density and, where applicable, the intensity for associated non-residential uses; E. A temporary lodging use may include accessory uses such as recreational facilities, restaurants, bars, personal service uses, retail uses, meeting space, fitness centers, spa facilities, parking structures and other uses commonly associated with temporary lodging uses. All such uses shall be included in the calculation of allowable floor area ratio. F. Any license required of a temporary lodging use by the local government, county, or state agency shall be obtained and kept current; G. Temporary lodging uses shall be subject to all applicable tourist development tax collections; H. A reservation system shall be required as an integral part of the temporary lodging use and there shall be a lobby/front desk area that must be operated as a typical lobby/front desk area for temporary lodging use would be operated; 1. Temporary lodging uses must have sufficient signage that complies with local codes and is viewable by the public designating the use as a temporary lodging use; J. The books and records pertaining to use of each temporary lodging unit shall be open for inspection by authorized representatives of the applicable local government, upon reasonable notice, in order to confirm compliance with these regulations as allowed by general law; and K. The applicable local government may require affidavits of compliance with this Section from each temporary lodging use and/or unit owner. 3.1 Issues Associated with the ppe Proposal Following a review of the PPC proposal, several issues were identified by the Planning Department that would likely limit or othelWise constrict hotel development on ClealWater Beach should the proposal be adopted by the City. These issues involve the proposed hotel densities and lot size requirements, the combination of those densities with Floor Area Ratios (F.A.R.), and the requirement for projects to enter into development agreements that must be reviewed and approved by the CPA. 3.1 .1 The Goal The proposed amendments are derived from Pinellas By Design, and specifically from a list of follow-up actions devised by the County to assist in the implementation of this redevelopment plan. The specific action was to "analyze the transient accommodation to residential density ratio to encourage tourist resort facilities." Thus, following the analysis, the goal has become to attract those resort style hotel developments to Pinellas County. An Analysis and Proposal for Increased Overnight Accommodation Density on Clearwater Beach pltemr#l 18 Attachment number 4 Page 7 of 11 The City of Clearwater has, however, already developed and enacted a strategy to accomplish this goal through Beach by Design. As previously discussed, Beach by Design, in an effort to overcome economic and density constraints and attract a small number of catalytic "destination resorts" to Clearwater Beach, established a limited pool of 600 additional hotel rooms that would be available at one or more sites within designated priority redevelopment areas. To date, 598 of those additional hotel rooms have been allocated within three proj ects: Sandpearl (141 rooms), Hyatt/ Aqualea (207 rooms), and Kiran Grande (250 rooms). With these catalytic "destination resorts" envisioned through Beach by Design coming to fruition, the loss of numerous small and mid-price hotels rooms over the past few years has become the greatest issue for Clearwater Beach. As such, Clearwater's goal for hotel development on the beach is very different from the goal of the PPC for hotel development in Pinellas County. 3.1.2 Density and Lot Size The majority of Clearwater Beach has an underlying Future Land Use Map designation of Resort Facilities High (RFH), which, by virtue of the PPC proposal would have its maximum allowable density increased from 50 units per acre to one of either 75, 100 or 125 units per acre dependant upon the size of the parcel. Given the urban nature of Clearwater Beach as well as the extent to which the existing parcels of land are configured or "broken-up", the assemblage of a parcel of land large enough to meet the top end of the proposed density threshold (three acres) is very unlikely. On average, between three and five separate parcels would need to be acquired to amass one acre of land, and at least ten parcels would need to be acquired to amass three acres of land, and in most scenarios some segment of those ten parcels would be separated from the balance by a right-of-way; thereby making the development of a hotel difficult at best. The proposal becomes even more daunting when the current cost of land is added to the equation. As discussed previously, the economic parity study conducted by Dr. Beitsch concluded that hotels would need a density roughly 5.5 to 7.5 times greater than condominiums. With condominiums currently having rights at 30 units per acre, hotels would need between 165 and 225 units per acre in order to have economic parity. The PPC proposal, at its maximum density of 125 units per three acres, does not achieve the objective of putting hotels on an even playing field with condominiums. 3.1.3 Density and F.A.R. In addition to establishing new maximum densities for hotel development based upon the underlying size of the land, the PPC proposal would also establish intensity standards - more commonly identified as a Floor Area Ratio (F.A.R.). The proposed F.A.R. would apply to the hotel use, residential dwelling uses integrated into the same structure, recreational facilities, restaurants, bars, personal service uses, retail uses, meeting spaces, fitness centers, spa facilities, parking structures, and other uses commonly associated with hotels. Regulating the number of rooms within a hotel is typically done through the use of a maximum allowable density or by F.A.R.; however the utilization of both is very unusual and will not accomplish the intended encouragement of hotel development in the County. Additionally, this would be the only use that would be regulated in such a manner throughout the County. In some municipalities and/or counties, the number of hotel units is controlled by a maximum building height, parking requirements and perhaps a minimum unit size; thus allowing as many An Analysis and Proposal for Increased Overnight Accommodation Density on Clearwater Beach pltemr#l 18 Attachment number 4 Page 8 of 11 units as can be fit into the building envelope as long as adequate parking is provided. Other municipalities and/or counties, add a further level of control such as a maximum allowable density or an F.A.R., but typically not both. It is believed that the PPC has incorporated both of these levels of regulation into the proposal as a means of controlling the mass of the building. However, as previously stated, the use of multiple levels of control may only result in discouraging hotel development in the County, and local regulations pertaining to building height, landscaping, design guidelines, etc., should accomplish the same end. A brief analysis was conducted of the Density/F.A.R. proposal, the goal of which was to identify the amount of land necessary to accommodate a 130-room hotel. With density being the only determining factor, a parcel size of 1.3 acres would be necessary. However, since both the floor area associated with the hotel use and the required off-street parking for the hotel must be included in an F.A.R calculation for a hotel, a larger parcel size would be necessary. According to the Planning Departments calculations, the parcel would need to be approximately 2.4 acres. It is noted that this calculation includes only the actual hotel and its associated required parking for 130 rooms, and not any excess parking, restaurants, bars, retail shops, recreational facilities, etc. The inclusion of any of these other uses typically found at hotels would require that even more additional land would need to be purchased. 3.1.4 Development Agreements If the PPC proposal were to be adopted by the City, then any development proposal seeking to utilize those densities made available through the proposal would be required to enter into a Development Agreement. The Agreement would first require preliminary approval by the City. The Agreement would then be required to be submitted to the PPC for review and recommendation and then need to be approved by the Countywide Planning Authority (CPA). Following the approval of the CPA (assuming the CPA approves the Agreement) the Agreement could then by approved in its final form by the City so long as it is consistent with the approval of the CPA. It is also noted that the Development Agreement would be required to address, at a minimum, the Design Considerations, Transportation Concurrency Management provisions, and the Operating Characteristics and Restrictions of hotels as set forth in the proposed amendment. For the most part, the proposed Operating Characteristics and Restrictions are already required in some form or another by the City, or would be a new provision that is generally in keeping with those existing provisions, and are not objectionable. Similarly, the requirements for Transportation Concurrency Management should help to create a consistency throughout the county and would not seem objectionable. The Design Considerations, however, would exist as a second tier of design guidelines on Clearwater Beach (the frrst being those already in existence via Beach by Design) and as they would be part of the Development Agreement being reviewed and approved by both the PPC and the CPA, would take a tremendous amount of architectural and planning control away from the City in favor of county agencies. It is further noted that the amendment, while establishing these design guidelines, includes no specific criteria through which the CPA would use in making their decisions in regard to design. Further, by requiring developers to enter into Development Agreements the PPC proposal would seem to be establishing an additional layer of "red tape" for development that may only act as a disincentive or deterrent to hotel development. An Analysis and Proposal for Increased Overnight Accommodation Density on Clearwater Beach pltemr#l 18 Attachment number 4 Page 9 of 11 3.2 Status of the ppe Proposal The Countywide Planning Authority (CPA) is scheduled to hold a public hearing in consideration of the proposed amendments to the Countywide Rules on August 7,2007. 4.0 The County Proposal In addition to the proposal being put forth by the PPC, the County has proposed their own alternative to address the issue of creating economic parity between hotels and condominiums [copy attached with the heading "Alternative B"]. This proposal will be heard by the CPA at the same public hearing as the PPC proposal on August 7, 2007. It should be noted that it is highly unusual to have two competing proposals being heard at the same public hearing. It is further noted that the PPC has passed a resolution in support of their proposal, and does not support the alternative being proposed by the County. A review of the County proposal reveals that it is very similar to the PPC proposal with two differences. While the County proposal would allow for the same densities and require the same F.A.R's as the PPC proposal, it would necessitate that a land use amendment be processed for every hotel that would propose to make use of the increased density. This is due to the County's proposal not using any existing Future Land Use category, but instead using two newly created categories: Temporary Lodging Medium SPECIAL (TLMS) and Temporary Lodging High SPECIAL (TLHS). The result of applying a land use category for one particular will be spot planning. The County proposal also differs from the PPC proposal in that it does not require that a Development Agreement be entered into between a developer and the City in order to utilize the increased density for hotels. Outside of these differences, the two proposals are essentially the same; and therefore have essentially the same problems. The County proposal is still aimed at encouraging tourist resort facilities, which is not in keeping with Clearwater Beach's need to attract mid-rise/mid-price hotels. Further, the proposal still has the same flaws of proposing hotel densities that do not address the primary issue of creating economic parity between hotels and condominiums, of combining maximum hotel densities with minimum lot sizes, and of combining those maximum hotel densities with Floor Area Ratios (F.A.R.). 5.0 Recommendation Currently the maximum allowable density for hotels is 50 units per acre on Clearwater Beach, and 30 units per acre for condominiums. Therefore, based upon the findings of Dr. Beitsch's study, if hotels are to be economically viable as a realistic development alternative to condominiums, density will need to be between 150 and 210 units per acre compared to the 30 units per acre for condominiums. As previously stated, the amendments to the Countywide Rules proposed by the PPC and the County do not adequately address the issue of creating an economic parity between hotel and condominium development, and the manner in which these proposals would address hotel density are geared more toward encouraging tourist resorts and not the mid- rise/mid-price hotels that Clearwater Beach lacks. Therefore, the Planning Department for the City of Clearwater recommends the following: An Analysis and Proposal for Increased Overnight Accommodation Density on Clearwater Beach plteJlaf#t 18 Attachment number 4 Page 10 of 11 o Establish a density for hotels at 150 - 210 units per acre. This density would be available only to those properties located within the Beach by Design special area plan, but not to those properties that have made use of the density pool established by the Plan; and o Adopt whichever of the two amendments to the Countywide Rules proposed by the PPC and the County is approved by the CPA, but adopt the amendment only for those properties not located within the Beach by Design special area plan. 5.1 Implementation The City should proceed fOlWard with implementing those changes to Beach by Design as recommended above as soon as possible. Should the CPA adopt one of the proposed amendments to the Countywide Rules then the City should proceed fOlWard with its adoption at that time. The implementation of those recommendations noted above (as well as those proposed by the PPC and the County) would require the approval of a Large Scale Amendment to the Comprehensive Plan by the State, an amendment to Beach by Design, and very likely an amendment to the Community Development Code. It is noted that before these changes could be implemented, several key issues and concerns must be addressed. Those issues and concerns include the following: o The regulation of the massing and scale of those hotels that could be constrncted under the proposed densities; o The provision of an adequate Level of Service (LOS) for water and sewer, based upon the increased density; o The provision of an adequate LOS for transportation, based upon the increased density; o The ability to evacuate those additional tourists from ClealWater Beach if/when necessary; o Public/private parking partnerships; and o Whether or not the Department of Community Affairs (DCA) would support the increased density on ClealWater Beach. 5.2 Timeframe for Implementation As stated above, the recommendations of staff would require the processing and approval of a Large Scale Amendment to the Comprehensive Plan. The State allows for only two such amendments to be processed over the course of a calendar year. Therefore, in order to allow for adequate time in which to process two such amendment cycles during the upcoming 2008 calendar year, the amendment recommended by the Planning Department would need to be submitted to the State in March 2008. Accordingly, the proposal would need to be before the Community Development Board (CDB) for recommendation no later than the Febrnary 2008 meeting with the proposal then being scheduled for public hearing at the City Council at its first meeting in March 2008. An Analysis and Proposal for Increased Overnight Accommodation Density on Clearwater Beach pltermo#t 118 Acknowledgements o City of St. Pete Beach - A Master Plan for the Resort/Commercial Districts Glatting Jackson Kercher Anglin Lopez Rinehart, Inc., et al August 2003 o City of St. Pete Beach Redevelopment Study Area - Finding of Necessity Report Real Estate Research Consultants May 2005 o Hotels and Condominiums: Costs, Values and Entitlements Dr. Owen Beitsch, Real Estate Research Consultants October 2006 Prepared by: Robert G. Tefft, Planner III City of Clearwater Planning Department An Analysis and Proposal for Increased Overnight Accommodation Density on Clearwater Beach Attachment number 4 Page 11 of 11 pltemo#t 118 Attachment number 5 Page 1 of 27 CITY OF CLEARWATER Beach Area Traffic Study Prepared for City of Clearwater Planning Department Clearwater, FL DKS Associates 12000 North Dale Mabry Highway, Suite 112 Tampa, FL 33618 Item # 18 Attachment number 5 Page 2 of 27 CITY OF CLEARWATER Beach Area Traffic Study Prepared for City of Clearwater Public Works Administration Clearwater, FL DKS Associates 12000 North Dale Mabry Highway, Suite 112 Tampa, FL 33618 Jerry T. Wentzel, P.E. Florida Registration # 30802 February, 2008 Item # 18 Attachment number 5 Page 3 of 27 TABLE OF CONTENTS Introduction 1 Studv Area 1 Future Development Estimates 3 Trip Generation Estimates 6 Trip Distribution/Area of Influence 9 Back2round Traffic 12 Level of Service Evaluations 13 Miti2ation ReQuirements 16 Summarv 22 Appendices 23 Item #i~ 8 Attachment number 5 Page 4 of 27 List of Fi2ures 1: Beach Study Area 2 2: Study Area Roadway System 4 3: Net New AM Build Out Volumes 10 4: Net New PM Build Out Volumes 11 5: Existin2 AM Volumes 14 6: Existin2 PM Volumes 15 7: Fort Harrison Miti2ation Concept 20 8: Fort Harrison Miti2ation Concept (Four Lane Alternative) 21 List of Tables 1: Summary of Approved Development Proiects 5 2: Summary of Redevelopment Potential ((ii), 210 Rooms/Acre Maximum Density) 6 3: Summary of Net New Trips (Approved Development) 7 4: Summary of Net New Potential Redevelopment Trips (@ 210 Rooms/Acre Maximum Density) 7 5: Summary of Net New Potential Redevelopment Trips by Density Alternative 8 6: Summary of Intersection Level of Service Analyses 17 7: Summary of Arterial Level of Service Analyses 18 8: Summary of Intersection Level of Service with Miti2ation 19 9: Summary of Arterial Level of Service with Miti2ation 22 Item #i~ 8 Attachment number 5 Page 5 of 27 Beach Area Traffic Study Introduction The vitality of Clearwater Beach is an ongoing concern of the City of Clearwater. Since 2001 when the Beach by Design guidelines were adopted, significant redevelopment has begun to occur including major high rise condominium and resort hotel projects. Major changes to the roadway and parking systems are ongoing with the reconstruction of Coronado Drive, the curvilinear realignment of Gulfview Boulevard, redesign of the Pier 60 parking lot and relocation of public parking lots west of Gulfview Boulevard to garage facilities east of Gulfview Boulevard. During this period the City of Clearwater has approved a significant number of redevelopment plans for Clearwater Beach properties involving the conversion of older small scale hotels to condominiums. These have been especially prevalent in the Old Florida, Beach Walk, Small Hotel and the South Beach/Clearwater Pass Districts where 489 hotel rooms are currently proposed for conversion to residential units. Many of these plans however have been stalled by the current nationwide downturn in the housing industry. While economic conditions will continue to have a major role in development trends, the current land use density restrictions placed on the Clearwater Beach area are also thought to unduly favor residential uses over hotel uses. Therefore, to encourage a balance of economically vital uses in the area, the City of Clearwater is considering increasing the allowable density for hotel uses. Recognizing that such changes can have a significant impact on the transportation system, the City has commissioned this study to evaluate the adequacy of the roadway system to accommodate a significant increase in hotel rooms within the Clearwater Beach area. The purpose of this study is to provide estimates of the potential for hotel anchored redevelopment based upon current land-use and zoning patterns and to evaluate the adequacy of the roadway system to accommodate the increased traffic associated with this redevelopment. Study Area The proposed study area is bounded by the Clearwater City Limits on the south, Somerset Street on the north, the Gulf of Mexico on the west and Clearwater Bay on the east. Figure 1 shows the study area. The study area has been divided into the following nine districts, eight of which are from the Beach by Design study: 1 Item # 18 Attachment number 5 Page 6 of 27 + ...._11. r~.. ll'~"'-,""~Ij , ~~~ . - . - 2 Item # 18 Attachment number 5 Page 7 of 27 .:. Old Florida .:. Destination Resort .:. Marina Residential .:. Retail and Restaurant .:. Pier 60 .:. Beachwalk .:. Small Hotel .:. South Beach/Clearwater Pass .:. Sand Key For the purposes of data compilation, Sand Key was added as a ninth district. Figure 2 identifies the major components of the roadway system serving the study area. Future Develovment Estimates Estimates of the potential for hotel redevelopment in the study area have been prepared by examining existing land-use and zoning patterns, future land use designations as well as recently completed and/or recently approved projects. The detailed land use information that was compiled for this evaluation is contained in the Appendix to this report. Key factors that were considered in determining the potential for hotel redevelopment included the amount and location of vacant land, current residential densities, the potential for consolidating parcels and compatibility with the Beach by Design planning and design guidelines within the applicable districts. Properties which have been recently redeveloped or are under construction or have an approved site plan were not considered as having redevelopment potential. The study area contains approximately 445 acres of land (excluding transportation/utilities, coastal and/or submerged lands). Of this total amount there are approximately 162 acres of recreational/open space and institutional uses. The remainder of this area includes 178 acres of residential uses and 58 acres of hotel uses, 28 acres of commercial uses, 14 acres under construction and 5 vacant acres. Currently, there are approximately 30 acres of land which have already been approved for redevelopment, including the Marquesas, Entrada, Aqualea, Adams Mark and Kiran Grande projects. These recent development approvals have resulted in a net increase of 237 hotel rooms and 887 residential dwelling units in the study area. When completed, these approved projects will include 1023 hotel rooms and 932 residential dwelling units. Approximately 786 existing hotel rooms and 45 existing residential units will be lost in the redevelopment process. An increase 16.7 acres of residential uses will result along with a loss of one acre of hotel uses. Table 1 summarizes the net increases in hotel and residential development associated with the approved projects, by district. Item # fa Attachment number 5 Page 8 of 27 + Item"W 18 Attachment number 5 Page 9 of 27 Table 1 S fA dD t p . t ummary 0 .pprove eve opmen ro.1 ec s District Net New Hotel Net New Residential Commercial Units (Rooms) Units (DUs) (ksf) Old Florida -68 90 0 Destination Resort 0 0 0 Retail/Restaurant 0 0 0 Marina 0 2 0 Pier 60 0 0 0 Beach Walk 473 250 0 Small Hotel -59 119 0 South BeachlClemwater Pass -109 426 0 Sand Key 0 0 0 Total 237 887 0.0 The maximum potential for additional hotel development was determined by examining the existing and approved land use patterns by planning district. Using this data, approximately 33 acres of additional property in the study area was identified as having a reasonable potential for redevelopment under a higher maximum density for hotel use. This includes 14.8 acres in the Sand Key District. Assuming a maximum density of210 rooms/acre for hotel redevelopment on Clearwater Beach and a maximum density of 125 rooms/acre for hotel redevelopment on Sand Key (except for the Cabana Club @ 60 units per acre), the identified properties have the potential for a total of 5,601 hotel rooms. These properties currently include 1,407 existing hotel rooms (610 on Sand Key) and four existing residential dwelling units. Redevelopment of all these parcels to the maximum densities would result in a net increase of 4,194 hotel rooms and a loss of four residential dwelling units. An additional 7.57 acres ofland (with 150 existing residential dwelling units) was identified as having a potential for residential redevelopment at a maximum density of 30 dwelling units/acre. The resulting 227 residential dwelling units on these properties would yield a net increase of 77 residential units. In summary, a maximum potential net increase of 4,194 hotel rooms and 73 residential dwelling units in the study area has been identified under the maximum allowable density assumptions. This maximum development potential is equivalent to achieving an average density of approximately 127 rooms/acre for all hotel properties and 27 dwelling units/acre for all Item~ 18 Attachment number 5 Page 10 of 27 residential properties. Additionally the potential for a minor net increase in retail space of 30,000 sf has been identified. Table 2 summanzes this estimated maXimum redevelopment potential by District. These maximum potential development levels represent the net increase over existing plus approved development in the district. A detailed summary of the assumptions used to determine the maximum development potential in each district is included in the Appendix. Table 2 Summa of Redevelo ment Potential 210 Rooms/Acre Maximum Densi Net New Hotel Net New Commercial District (Rooms) Residential (ksf) (DUs Old Florida 210 38 0 Destination Resort 741 0 0 Retail/Restaurant 0 0 5.0 Marina 484 16 10.0 Pier 60 210 0 0 Beach Walk 428 0 0 Small Hotel 479 19 0 South BeachlClemwater Pass 470 0 15.0 Sand Key (@125 rooms/acre) 1,172 0 0 1 4,194 73 30.0 Trip Generation Estimates Estimates of the Daily, AM peak hour and PM peak hour trips generated by the approved projects and potential new development have been made using trip generation rates compiled by the Institute of Transportation Engineers (7th Edition). For the purpose of estimating hotel based trips, the ITE Land Use Category 330, Resort Hotel, was used. This category was selected because of the overall resort/recreational characteristics of the districts in which many of the trips will be captured on site or by immediately surrounding businesses and recreational facilities. Tables 3 and 4 summarize the estimated net new trips by district for the approved development and the potential redevelopment sites at maximum land use densities. The detailed calculation of trips for each of the land uses within the districts is provided in the Appendix. Item~ 18 Attachment number 5 Page 11 of 27 of Net New Tri Daily AM Peak Hour P Old Florida 121 30 29 Destination Resort 0 0 0 Retail/Restaurant 0 0 0 Marina 12 2 3 Pier 60 0 0 0 Beach Walk 4,406 274 330 Small Hotel 723 58 67 South BeachlClemwater Pass 1,083 106 116 Sand Key 0 0 0 Total 6,345 470 545 Table 4 Summary of Net New Potential Redevelopment Trips (~ V, 210 Rooms/Acre Maximum Density) District Daily AM Peak Hour PM Peak Hour Old Florida 1,644 90 103 Destination Resort 5,076 267 383 Retail/Restaurant 426 11 5 Marina 4,290 209 282 Pier 60 1,439 81 92 Beach Walk 2,932 149 247 Small Hotel 2,998 162 213 South BeachlClemwater Pass 4,094 202 260 Sand Key 8,028 418 642 Total 30,927 1,589 2,227 It is clear that trips from the above maximum redevelopment potential, when added to the approved development trips, would overburden the existing transportation infrastructure for the study area. In order to evaluate the "redevelopment" capacity of the existing transportation system, the traffic demands from alternative redevelopment densities, varying from 70 rooms/acre (33% of 210 maximum) to 120 rooms/acre (57% of 210 maximum), have been estimated. The density assumptions used in the scenarios are not intended to be a recommended maximum allowable density or a specific development level for a given district or given site. The purpose is to use the density assumptions to identifY general redevelopment levels (i.e. aggregate number Item7# 18 Attachment number 5 Page 12 of 27 of hotel rooms) which, under the current transportation concurrency regulations, would trigger the need for improvements to the roadway system. The aggregate number of hotel rooms has an equivalent average density value which can be derived from the total acres of hotel uses in the study area. The net new hotel rooms and residential dwelling units associated with each alternative development density level were estimated by multiplying the acreage of potential redevelopment parcels within each district by the alternative density. The hotel redevelopment density for Sand Key was fixed at 100 rooms/acre for all scenarios (80% of maximum) with an additional 50 rooms allotted to the Cabana Club. Residential redevelopment was fixed at 30 dwelling units/acre for each scenario and 30.0 ksf of retail was included with each scenario. For the purposes of this analysis "Build Out" is assumed to occur at the density of 120 hotel rooms/acre for potential hotel redevelopment parcels the Clearwater Beach districts. This "Build Out" scenario represents a net increase in the study area of 2,210 hotel rooms and 73 residential dwelling units and 30,000 sf of new commercial space over the already approved development projects. The 2,210 net new hotel rooms is equivalent to an average density of 90.4 rooms/acre for all hotel parcels in the study area. The trips associated with varying density assumptions have been estimated using the previously described trip rate data. Table 5 provides a summary of the Daily, AM peak hour and PM peak hour trips for the study area for the alternative land use density assumptions. Table 5 Summary of Net New Potential Redevelopment Trips by Density Alternative Hotel Density Total Study Area Redevelopment AM Peak PM Peak Net New Hotel Rooms (Includes Daily Trips (Rooms/Acre) 825 rooms ({iJ Sand Key Hour Trips Hour Trips 120 (Build Out) 2,210 17,335 895 1,150 110 2,029 16,117 833 1,064 100 1,847 14,849 768 978 90 1,664 13,595 705 895 80 1,483 12,356 625 818 70 1,333 11,329 567 758 Item~ 18 Attachment number 5 Page 13 of 27 These trips when added to the approved development trips represent the net new traffic demands associated with each redevelopment scenario in the study area. Trip Distribution/Area of Influence The expected distribution of these new trips over the roadway system was determined using travel patterns as forecasted by the Tampa Bay Regional Transportation Planning Model. These directional distributions as generated by the model are provided in the Appendix. Separate assignments have been used for the trips generated within each of the districts. The distribution percentages derived from the model are documented in the intersection traffic volumes projections provided in the Appendix. Figures 3 and 4 summarize the projected net new AM and PM peak hour volumes generated by the redevelopment of the study area under the "Build Out" scenario. The volumes shown include approved development traffic. Detailed assignments of the redevelopment traffic to the key intersection movements are provided in the Appendix. As indicated by the traffic assignments, the most significant impacts of new development traffic are anticipated at the Roundabout and on the Memorial Bridge. Approximately 70 percent of the traffic generated by new development is expected to pass through the Roundabout. Approximately 65 percent of the new development traffic will use the Memorial Causeway Bridge for access to the mainland. Given this distribution pattern, the following key intersections were selected for detailed Level of Service analyses: .:. Court @ Fort Harrison .:. Mandalay @ Baymont .:. Chestnut @ Fort Harrison .:. Gulf @ Gulfview .:. Clearwater Beach Roundabout .:. Gulf @ Bellaire Causeway In addition the following critical roadway segments were selected for detailed Level of Service analyses: Item9# 18 Attachment number 5 Page 14 of 27 + ~ IterflCW 18 Attachment number 5 Page 15 of 27 + IterN# 18 Attachment number 5 Page 16 of 27 .:. Mandalay Avenue from the Clearwater Beach Roundabout to Baymont Street .:. Memorial Causeway from the Clearwater Beach Roundabout to Island Way .:. Chestnut Street (EB) from the Memorial Causeway Bridge to Fort Harrison Avenue .:. Court Street (WB) from Myrtle Avenue to Oak Avenue .:. Fort Harrison Avenue from Turner Street to Pierce Street Back2:round Traffic Estimates of future background traffic volumes were derived from existing traffic counts compiled by DKS from a number of sources. These include twenty-four hour machine counts collected by FDOT, Pinellas County and the City of Clearwater. Weekday AM, Midday and PM peak hour turning movement counts were performed by the City of Clearwater at the key intersections in the study area. These counts, taken in various months in 2007 and 2008 have been adjusted to peak season conditions using seasonal adjustment factors for Pine lias County compiled by FDOT. While the adjusted counts reflect weekday "peak season" conditions, they do not reflect conditions that occur during the Spring Break period at Clearwater Beach, nor do they reflect weekend conditions during the summer or on holidays when beach traffic demands may experience higher peaks at varying times of the day. Figures 5 and 6 summarize the existing AM and PM peak hour, peak season weekday demands on the roadways in the study area at selected locations. The detailed count data is provided in the Appendix as are the adjusted turning movements volumes used as the basis for future background traffic. Growth trends for traffic in the study area are difficult to estimate due to a number of recent changes to the roadway system such as the new Memorial Causeway Bridge and removal of the 19A designation for Fort Harrison. Additionally, major roadway construction in the Beach Walk area has had a significant effect on businesses both short term (construction disruptions) as well as long term (evidenced by the number of projects involving conversion of small hotels to condominiums). A comparison of 2006 counts to similar counts in 2007 indicates a possible Itert,~ 18 Attachment number 5 Page 17 of 27 slight decrease in traffic activity. Volumes reported on the Memorial Causeway Bridge in 2006 are at the same level reported in 2004 but below those reported in 2001. For the purpose of this analysis an annual growth factor of 1 % was applied to the existing volumes assuming a 20 year planning period. Traffic generated by the approved development projects were added onto these adjusted volumes to provide an estimate of the anticipated 2027 background conditions. Traffic generated by potential redevelopment sites at the alternative density levels (including "Build Out") was added on to the 2027 background conditions to provide the total estimated volumes associated with the alternative redevelopment scenarios. Level of Service Evaluations Level of service analyses were performed for Existing, Background and Build Out conditions at the key intersections and roadway segments previously identified. The initial set of evaluations used existing roadway geometries and control devices (i.e., signal timings, stop signs and yield signs) to determine current and background operating conditions. The Synchro/SimTraffic software was used to calculate intersection delay and average link travel speeds for the critical elements of the roadway system. Tables 6 and 7 provide a summary of the analyses for each of three development scenarios. The analyses indicate unacceptable Levels of Service (E and below) are projected at Build Out for two intersections: .:. Chestnut Street @ Fort Harrison Avenue-The intersection is projected to operate at Level of Service E under Build Out conditions (PM peak hour). .:. Court Street @ Fort Harrison Avenue- The intersection is projected to operate at Level of Service E under build out conditions (both AM and PM peak hour). Based upon the analysis of alternative redevelopment scenarios, Level of Service E begins to occur at these two intersections at the redevelopment density level of 70 rooms/acre (1333 net new hotel rooms). ItertJ:W 18 Attachment number 5 Page 18 of 27 + ItertJ"W 18 Attachment number 5 Page 19 of 27 + Itert,~ 18 Attachment number 5 Page 20 of 27 As a result of these intersection deficiencies the following links are anticipated to operate at unacceptable Levels of Service also: .:. Fort Harrison Avenue from Turner Street to Pierce Street (NB and SB)-Level of Service E conditions begin in the PM peak hour at the development density level of 70 rooms/acre (1333 net new hotel rooms). .:. Chestnut Street from Memorial Causeway Bridge to Fort Harrison Avenue (EB) -Level of Service E conditions begin in the PM peak hour at the development density level of 90 rooms/acre (1664 net new hotel rooms). .:. Court Street from Myrtle Avenue to Oak Avenue (WB)-Level of Service E conditions begin in the AM and PM peak hour with the 2027 background traffic (Approved Development only). The analysis of conditions at the Clearwater Roundabout was performed using the simulation capabilities of the Synchro/Sim Traffic model. Level of Service was determined using the same average vehicle delay criteria as used for signalized intersections. The simulation indicated, while significant increases in congestion are anticipated under Build Out for the weekday PM conditions, the overall delay is comparable to LOS D for a traffic signal. Mith!ation Reauirements An investigation of potential mitigation measures has been performed for the deficient intersections. The purpose was to identifY capacity related improvements which would result in Level of Service D or better for the build out conditions. The following summarizes the needed improvements. Chestnut Street at Fort Harrison--In order to provide additional capacity, the south leg of the intersection will need to be restriped to create an additional NB right turn lane. This will require elimination of the bicycle lane. Restriping of the northbound exit will be needed to provide the necessary transition across the intersection. Itert,~ 18 Attachment number 5 Page 21 of 27 Table 6 Summary of Intersection Level of Service Analyses AM Peak Hour PM Peak Hour Intersection Location and Total Average Level Total Average Level Scenario Entering Vehicle of Entering Vehicle of Volume Delay Service Volume Delay Service (vph) ( sec/veh) (vph) ( sec/veh) Clearwater Beach Roundabout Existing 1349 4.1 A 1862 6.3 A 2027 Background 2016 6.6 A 2695 11.7 B 2027 Build Out 2583 20.3 C 3429 48.9 D Mandalay @ Baymont Existing 643 4.0 A 933 5.0 A 2027 Background 828 4.8 A 1159 5.8 A 2027 Build Out 919 4.8 A 1283 5.9 A Gulf@ Gulfview (Three Way Stop Control) Existing 575 2.6 A 781 3.2 A 2027 Background 784 3.4 A 1042 4.2 A 2027 Build Out 1023 4.0 A 1369 10.6 B Gulf @ Bellaire Causeway Existing 1198 7.2 A 1636 8.7 A 2027 Background 1526 7.7 A 2067 12.1 B 2027 Build Out 1747 9.0 A 2373 21.7 C Chestnut @J Fort Harrison Existing 2186 23.8 C 2719 26.3 C 2027 Background 2863 26.4 C 3460 39.1 D 2027 Build Out 3052 48.2 D 3838 63.9 E Court @ Fort Harrison Existing 2064 25.5 C 2412 25.8 C 2027 Background 2618 35.8 D 3118 47.7 D 2027 Build Out 2986 56.5 E 3460 74.6 E ItertJ 7# 18 Attachment number 5 Page 22 of 27 Table 7 S fA t . IL I fS A I ummary 0 r ena eve 0 erVlce nalyses Roadway Segment and AM Peak Hour PM Peak Hour Scenario Average Travel Level of Average Vehicle Level of Speed (mph) Service Delay (sec/veh) Service NB Mandalay Avenue from the Clearwater Beach Roundabout to Baymont Street - 0.3 miles Existing 30.0 A 30.0 A 2027 Background 25.0 B 24.0 B 2027 Build Out 25.0 B 21.0 B SB Mandalay Avenue from the Clearwater Beach Roundabout to Baymont Street - 0.3 miles Existing 30.0 A 29.0 A 2027 Background 29.0 A 22.0 B 2027 Build Out 25.0 B 21.0 B EB Memorial Causeway from the Clearwater Beach Roundabout to Island Way - 0.6 miles Existing 27.0 B 26.0 B 2027 Background 27.0 B 26.0 B 2027 Build Out 26.0 B 25.0 B WB Memorial Causeway from the Clearwater Beach Roundabout to Island Way - 0.6 miles Existing 28.0 B 28.0 B 2027 Background 28.0 B 25.0 B 2027 Build Out 20.0 C 14.0 D EB Chestnut from Memorial Causeway Bridge to Fort Harrison --.6 miles Existing 19.9 C 20.1 C 2027 Background 19.7 C 17.2 D 2027 Build Out 19.1 C 11.0 E WB Court from Myrtle Avenue to Oak Avenue--.35 miles Existing 14.7 D 14.5 D 2027 Background 12.8 E 12.0 E 2027 Build Out 10.5 E 904 F NB Fort Harrison Avenue from Turner Street to Pierce Street-OA5 miles Existing 12.1 D 10.3 D 2027 Background 11.0 D 9.7 D 2027 Build Out 10.2 D 704 E SB Fort Harrison Avenue from Turner Street to Pierce Street-OA miles Existing 10.8 D 11.3 D 2027 Background 9.8 D 9.5 D 2027 Build Out 8.0 E 7.7 E Itert,~ 18 Attachment number 5 Page 23 of 27 Court Street at Fort Harrison--In order to provide additional capacity, the north leg of the intersection will need to be restriped to create an additional SB right turn lane. This will require elimination of the bicycle lane. Restriping of the southbound exit will be needed to provide the necessary transition across the intersection. An alternative design involving restriping the section of Fort Harrison to create a four lane undivided facility from just south of Chestnut Street to just north of Court Street could also be implemented. Lane control signage and striping would be needed to create exclusive left turn lanes (southbound at Chestnut Street and northbound at Court Street). Figures 7 and 8 illustrate these alternative mitigation concepts. Analysis of the recommended improvements indicates Level of Service D conditions can be maintained at these intersections and along the segments for the Build Out conditions. Tables 8 and 9 indicate the anticipated Levels of Service with the recommended improvements. Table 8 Summar Intersection Location and Scenario of Intersection Level of Service Anal ses with Miti AM Peak Hour T otal Average Entering Vehicle Volume Delay vph) sec/veh) ation Level of Service PM Peak Hour Total Entering Volume vph) Level of Service Chestnut @ Fort Harrison 2027 Build Out 3052 25.4 40.4 D Court @ Fort Harrison 2027 Build Out 2986 33.2 47.4 D Itert,9# 18 Attachment number 5 Page 24 of 27 FIGURE 7. FORT HARRISON MITIGATION CONCEPT IterMCW 18 Attachment number 5 Page 25 of 27 FIGURE 8. FORT HARRISON MITIGATION CONCEPT (Four Lane Alternative) IterN# 18 Attachment number 5 Page 26 of 27 Table 9 Summar Roadway Segment and Scenario of Arterial Level of Service Anal ses with Miti AM Peak Hour Average Travel Level of Seed m h Service ation PM Peak Hour Level of Service C WB Court from Myrtle Avenue to Oak Avenue--A5 miles 2027 Build Out 15.2 D 14.3 D 14.6 D NB Fort Harrison Avenue from Turner Street to Pierce Street-OA miles 2027 Build Out 9.9 D 9.2 D SB Fort Harrison Avenue from Turner Street to Pierce Street-OA miles 2027 Build Out 10.2 D 9.2 D Summarv Analysis of land use patterns in the study area has identified the potential for significant redevelopment of property for hotel land use under an increase in the maximum allowable densities. The impact of the potential redevelopment on the roadway system has been evaluated to identify the improvements needed to maintain acceptable Levels of Service under varying density alternatives. The results indicate an additional 2,210 hotel rooms (825 in the Sand Key District and 1,385 distributed throughout the Clearwater Beach Districts) could be accommodated with capacity improvements at the intersections of Chestnut Street and Fort Harrison Avenue and Court Street and Fort Harrison. These capacity improvements involve restriping of the south approach of Fort Harrison at Chestnut Street and the north approach of Fort Harrison at Court Street to create exclusive right turn lanes. Adjustments to lane use signage and signal timings will be needed to effect the lane use changes. An alternative design involving the restriping of Fort Harrison to create two lanes in each direction from Chestnut to Court would result in an equivalent operational improvement. Either of the restriping alternatives would result in the loss of the existing bicycle lane along this section of Fort Harrison Avenue. The marked bike lane on the east side ofFt. Harrison Avenue IterM~ 18 Attachment number 5 Page 27 of 27 will be tied into the new east west bike trail running along Turner Street from the Pine lias Trail to the Bay Avenue and ultimately the Memorial Causeway Trail. This will serve the purpose of the original bike lane on Ft. Harrison that terminated at Court Street. With either of these improvements, acceptable Levels of Service can be maintained on all of the major intersections and roadway segments in the study area under the "Build Out" development scenano. IterM:W 18 Meeting Date: 3/17/2008 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Approve amendments to the Community Development Code to adopt alternative densities and intensities for overnight accommodations, to improve the criteria by which overnight accommodations are permitted, to adopt criteria for indoor recreation/entertainment uses where none previously existed, to further the consistency between the Community Development Code and the Clearwater Comprehensive Plan, and to make other minor editorial changes, and Pass Ordinance 7926-08 on first reading. SUMMARY: The Planning Department is recommending several amendments to the Community Development Code (CDC) that are associated with a companion amendment being proposed to the Clearwater Comprehensive Plan that would adopt alternative density and intensity standards for overnight accommodations consistent with the Rules Concerning the Administration of the Countywide Future Land Use Plan (AKA Countywide Plan Rules). As such, several of the proposed amendments are being brought about to ensure consistency between the CDC and the Clearwater Comprehensive Plan. In addition, however, are a few amendments that are editorial in nature or are refinements to existing CDC sections. . Consistency with the Comprehensive Plan. Adds the Resort Facilities High (RFH) Future Land Use Plan category to the list of Countywide Future Land Use Plan Designations compatible with the High Density Residential (HDR) and Commercial (C) Districts consistent with the Clearwater Comprehensive Plan. Also amends the maximum development potential tables associated with the Commercial (C), Tourist (T) and Industrial, Research and Technology (IRT) Districts so that they are compatible with the alternative density and intensity standards for overnight accommodations proposed in Ordinance 7924-08. . Overnight Accommodation Flexibility Criteria. Revises flexibility criteria for the overnight accommodation use in the Commercial (C), Tourist (T) and Industrial, Research and Technology (IRT) Districts. . Definitions for Overnight Accommodations and Overnight Accommodation Unit. Establishes a definition for the term "overnight accommodation unit" and a revised definition for the term "overnight accommodation," so as to be consistent with those definitions set forth in the Countywide Plan Rules. . Indoor Recreation/Entertainment. Adds flexibility criteria for lot area, lot width, setbacks, height and off-street parking for the use in the Commercial (C) District where none previously existed, but deviations were permissible. . Open Space/Recreation (OS/R) District. Removes the overnight accommodations use from the OSR District due to incompatibilities with the District and corrects an inconsistency with the Countywide Plan Rules. The staff report and Ordinance 7926-08, contain further analysis and information on the proposed amendments. The Community Development Board (CDB) will review the proposed text amendments at its pubic hearing of March 18,2008. The recommendation of the CDB as well as any comments of the Board will be presented to the Council at the meeting. Review Approval: 1) Legal 2) Planning 3) Legal 4) Clerk 5) Assistant City Manager 6) Clerk 7) City Manager 8) Clerk Cover Memo Item # 19 Attachment number 1 Page 1 of 13 ORDI NANCE NO. 7926-08 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, MAKING AMENDMENTS TO THE COMMUNITY DEVELOPMENT CODE TO ADOPT ALTERNATIVE DENSITIES AND INTENSITIES FOR OVERNIGHT ACCOMMODATIONS, TO IMPROVE THE CRITERIA BY WHICH OVERNIGHT ACCOMMODATIONS ARE PERMITTED, TO ADOPT CRITERIA FOR INDOOR RECREATION/ENTERTAINMENT USES WHERE NONE PREVIOUSLY EXISTED, TO FURTHER THE CONSISTENCY BETWEEN THE COMMUNITY DEVELOPMENT CODE AND THE COMPREHENSIVE PLAN, AND TO MAKE OTHER MINOR EDITORIAL CHANGES BY AMENDING SECTION 2-501.1, "MAXIMUM DEVELOPMENT POTENTIAL", TO MODIFY THE ACCOMPANYING TABLE; AMENDING SECTION 2-701.1, "MAXIMUM DEVELOPMENT POTENTIAL", TO MODIFY THE ACCOMPANYING TABLE; AMENDING SECTION 2-703, "FLEXIBLE STANDARD DEVELOPMENT', SUBSECTION 2-703.G, "INDOOR RECREATION/ENTERTAINMENT', TO MODIFY THE FLEXIBILITY CRITERIA FOR SAME; AMENDING SECTION 2-703, "FLEXIBLE STANDARD DEVELOPMENT', SUBSECTION 2-703.M, "OVERNIGHT ACCOMMODATIONS", TO MODIFY THE FLEXIBILITY CRITERIA FOR SAME; AMENDING SECTION 2-704, "FLEXIBLE DEVELOPMENT', SUBSECTION 2-704.K, "OVERNIGHT ACCOMMODATIONS", TO MODIFY THE FLEXIBILITY CRITERIA FOR SAME; AMENDING SECTION 2-704, "FLEXIBLE DEVELOPMENT', BY ENACTING A NEW SUBSECTION 2-704.D, "INDOOR RECREATION/ENTERTAINMENT', AND ESTABLISHING FLEXIBILITY CRITERIA FOR SAME; AMENDING SECTION 2-801.1, "MAXIMUM DEVELOPMENT POTENTIAL", TO MODIFY THE ACCOMPANYING TABLE; AMENDING SECTION 2-802, "FLEXIBLE STANDARD DEVELOPMENT', SUBSECTION 2-802.J, "OVERNIGHT ACCOMMODATIONS", TO MODIFY THE FLEXIBILITY CRITERIA FOR SAME; AMENDING SECTION 2-803, "FLEXIBLE DEVELOPMENT', SUBSECTION 2-803.1, "OVERNIGHT ACCOMMODATIONS", TO MODIFY THE FLEXIBILITY CRITERIA FOR SAME; AMENDING SECTION 2-1301.1, "MAXIMUM DEVELOPMENT POTENTIAL", TO MODIFY THE ACCOMPANYING TABLE; AMENDING SECTION 2-1304, "FLEXIBLE DEVELOPMENT', "TABLE 2-1304", TO ELIMINATE LANGUAGE IN FOOTNOTE (3) PERTAINING TO THE INDUSTRIAL GENERAL LAND USE PLAN MAP CATEGORY, AND MAKING MINOR EDITORIAL CHANGES; AMENDING SECTION 2-1304, "FLEXIBLE DEVELOPMENT', SUBSECTION 2-1304.E, "OVERNIGHT ACCOMMODATIONS", TO MODIFY THE FLEXIBILITY CRITERIA FOR SAME; AMENDING SECTION 2-1403, "FLEXIBLE STANDARD DEVELOPMENT', "TABLE 2-1403", TO REMOVE THE OVERNIGHT ACCOMMODATIONS USE; AMENDING SECTION 2-1403, "FLEXIBLE STANDARD DEVELOPMENT', TO DELETE SUBSECTION 2-1403.C, "OVERNIGHT ACCOMMODATIONS", IN ITS ENTIRETY; AMENDING SECTION 2-1404, "FLEXIBLE DEVELOPMENT', "TABLE 2-1404", TO MAKE MINOR EDITORIAL CHANGES; AMENDING SECTION 8-102, "DEFINITIONS", BY MODIFYING THE DEFINITION FOR OVERNIGHT ACCOMMODATIONS, AND ADDING A DEFINITION FOR OVERNIGHT OrdiHama 1#01 ~26-08 Attachment number 1 Page 2 of 13 ACCOMMODATION UNIT; CERTIFYING CONSISTENCY WITH THE CITY'S COMPREHENSIVE PLAN AND PROPER ADVERTISEMENT; PROVIDING FOR SEVERABILITY; 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 WHEREAS, it is necessary to amend the Community Development Code for consistency with the Comprehensive Plan, and WHEREAS, the Board of County Commissioners of Pinellas County, Florida, have adopted, by amending the "Rules Concerning the Administration of the Countywide Future Land Use Plan," alternative density and intensity standards for overnight accommodations via Pinellas County Ordinance No. 07-50, and WHEREAS, tourism is a substantial element of the City's economic base and as such the City shall continue to support the maintenance and enhancement of this important economic sector, and WHEREAS, the City of Clearwater has determined where the Community Development Code needs clarification and revision, now therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. That Article 2, "Zoning Districts", Division 5, "High Density Residential District ("HDR")", Section 2-501.1, "Maximum development potential", of the Community Development Code, be, and the same is hereby amended to read as follows: Section 2-501.1. Maximum development potential. The High Density Residential District ("HDR") may be located in more than one land use category. It is the intent of the HDR District that development be consistent with the Countywide Future Land Use Plan as required by state law. The development potential of a parcel of land within the HDR District shall be determined by the standards found in this Development Code as well as the Countywide Future Land Use Designations that apply to the HDR District as follows: Countywide Future Land Use Designation Maximum Dwelling Units per Acre Maximum Floor Area Ratio/Impervious of Land Surface Ratio Residential High 30 dwelling units per acre FAR .60/ISR .85 Resort Facilities High 30 dwelling units per acre FAR 1.0/ISR .95 Section 2. That Article 2, "Zoning Districts", Division 7, "Commercial District ("C")", Section 2-701.1, "Maximum development potential", of the Community Development Code, be, and the same is hereby amended to read as follows: Section 2-701.1. Maximum development potential. The Commercial District ("C") may be located in more than one land use category. It is the intent of the C District that development be consistent with the Countywide Future Land Use - 2 - OrdiHama 1#01 ~26-08 Attachment number 1 Page 3 of 13 Plan as required by State law. The development potential of a parcel of land within the C District shall be determined by the standards found in this Development Code as well as the Countywide Future Land Use Designation of the property. Development potential for the Countywide Future Land Use Designations that apply to the C District are as follows: Countywide Future Land Maximum Maximum Floor Area Ratio/Impervious Surjace Ratio Maximum Overnight Use Designation Dwelling Units Overnizht Overnizht Non-Residential Accommodation Units per Acre of Accommodations Accommodations Uses Per Acre Land ~ (Alternative) Hase Alternative Commercial Neighborhood 10 dwelling N/A N/A FAR AO/ISR .80 N/A N/A units per acre Commercial Limited 18 dwelling FAR A5/ISR .85 FAR 1.0/ISR .85 FAR A5/ISR .85 30 45 units per acre Commercial General 24 dwelling FAR .55/ISR .90 FAR 1.2/ISR .90 FAR .55/ISR 40 60 units per acre .9~0 Residential/Oflice/Retail 18 dwelling FAR AO/ISR .85 FAR 1.0/ISR .85 FAR AO/ISR .85 30 45 units per acre Resort Facilities High 30 dwelling FAR l.2/ISR .95 FAR 2.0/ISR .95 FAR l.2/ISR .95 50 Less than units per acre one acre: 75 FAR 3.0/ISR .95 N/A N/A Between one acre and three acres: 100 FAR 4.0/ISR .95 N/A N/A Greater than three acres: 125 Section 3. That Article 2, "Zoning Districts", Division 7, "Commercial District ("C")", Section 2-703.G, "Indoor recreation/entertainment", of the Community Development Code, be, and the same is hereby amended to read as follows: G. Indoor recreation/entertainment. 1. Off-street parking: 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.,.; and 2. Lot area and/or lot width: The reduction shall not result in a buildinQ which is out of scale with existinQ buildinQs in the immediate vicinity. Section 4. That Article 2, "Zoning Districts", Division 7, "Commercial District ("C")", Section 2-703.M, "Overnight accommodations", of the Community Development, be, and the same is hereby amended to read as follows: M. Overnight accommodations. 1. Lot area and/or width: The reduction shall in lot area and width \II/ill 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 parcel proposed for development fronts on but will not involve direct access to a major arterial street unless no other means of access would be possible; 3. Height: - 3 - OrdiHama 1#01 ~26-08 Attachment number 1 Page 4 of 13 a. The increased height shall results in an improved site plan throuQh landscape areas in excess of the minimum required dimensions, and landscape materials in excess of the minimum required quantities, landscaping areas in excess of the minimum required and/or improved design and appearance; and b. The increased height will not reduce the vertical component of the view from any adjacent residential property. 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. Side and rear setback: a. The reduction in side or rear setback does not prevent access to the rear of any building by emergency vehicles; b. The reduction in side or rear setback results in an improved site plan, more efficient parking or improved design and appearance; c. The reduction in side or rear setback does not reduce the amount of landscaped area otherwise required. a. The reduced setback does not prevent access to the rear of any buildinQ by emerQency vehicles and/or personnel; b. The reduced setback results in an improved site plan throuQh the provision of a more efficient off-street parkinQ area, and/or improved buildinQ desiQn and appearance; and c. The reduced setback will not result in a loss of landscaped area, as those areas beinQ diminished by the setback reduction will be compensated for in other areas throuQh a Comprehensive Landscape Plan. 6. A Development AQreement must be prepared and approved pursuant to Florida Statutes 163.3221 - 163.3243 and Community Development Code Section 4-606 if the development proposal exceeds the base density and/or base F.A.R. established for the underlyinQ Future Land Use desiQnation. The Development AQreement must also comply with all applicable requirements of the "Rules ConcerninQ the Administration of the CountyWide Future Land Use Plan" as they pertain to alternative density/intensity, and as amended from time to time; and 7. The parcel proposed for development shall, if located within the Coastal Storm Area, have a hurricane evacuation plan requirinQ the use close when a hurricane watch is posted. Section 5. That Article 2, "Zoning Districts", Division 7, "Commercial District ("C")", Section 2-704.K, "Overnight accommodations", of the Community Development Code, be, and the same is hereby amended to read as follows: K. Overnight accommodations. 1. Lot area and/or width: The reduction shall in lot area and 'A'idth 'A'ill not result in a - - building which is out of scale with existing buildings in the immediate vicinity Gf..--..tRe parcel proposed for development; 2. Location: The use of the parcel proposed for development 'Nill not involve direct access to a major arterial street The parcel proposed for development fronts on but will not involve direct access to a maior arterial street unless no other means of access would be possible; 3. Height: - 4 - OrdiHama 1#01 ~26-08 Attachment number 1 Page 5 of 13 a. The increased height shall results in an improved site plan throuQh landscape areas in excess of the minimum required dimensions, and landscape materials in excess of the minimum required quantities, landscaping areas in excess of the minimum required and/or improved design and appearance; and b. The increased height will not reduce the vertical component of the view from any adjacent residential property. 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. Side and rear setback: a. The reduction in side and rear setback does not prevent access to the rear of any building by emergency vehicles; b. The reduction in side and rear setback results in an improved site plan, more efficient parking or improved design and appearance. a. The reduced setback does not prevent access to the rear of any buildinQ by emerQency vehicles and/or personnel; b. The reduced setback results in an improved site plan throuQh the provision of a more efficient off-street parkinQ area, and/or improved buildinQ desiQn and appearance; and c. The reduced setback will not result in a loss of landscaped area, as those areas beinQ diminished by the setback reduction will be compensated for in other areas throuQh a Comprehensive Landscape Plan. 6. Front setback: The reduction in front setback results in an improved site plan or improved design and appearance. a. The reduced setback shall result in an improved site plan throuQh the provision of a more efficient off-street parkinQ area, and/or improved buildinQ desiQn and appearance; and b. The reduced setback will not result in a loss of landscaped area, as those areas beinQ diminished by the setback reduction will be compensated for in other areas throuQh a Comprehensive Landscape Plan. 7. A Development AQreement must be prepared and approved pursuant to Florida Statutes 163.3221 - 163.3243 and Community Development Code Section 4-606 if the development proposal exceeds the base density and/or base F.A.R. established for the underlyinQ Future Land Use desiQnation. The Development AQreement must also comply with all applicable requirements of the "Rules ConcerninQ the Administration of the CountyWide Future Land Use Plan" as they pertain to alternative density/intensity, and as amended from time to time; and 8. The parcel proposed for development shall, if located within the Coastal Storm Area, have a hurricane evacuation plan requirinQ the use close when a hurricane watch is posted. Section 6. That Article 2, "Zoning Districts", Division 7, "Commercial District ("C")", Section 2-704, "Flexible development", of the Community Development Code, be, and the same is hereby amended to add a new subsection D, "Indoor recreation/entertainment", and re- lettering the subsequent subsections as appropriate: D. Indoor recreation/entertainment. - 5 - OrdiHama 1#01 ~26-08 Attachment number 1 Page 6 of 13 1. Lot area and/or lot width: The reduction shall not result in a buildinQ that is out of scale with existinQ buildinQs in the immediate vicinity; 2. Heiqht: The increased heiQht shall result in an improved site plan throuQh landscape areas in excess of the minimum required dimensions, and landscape materials in excess of the minimum required quantities; 3. Front setback: The reduced setback shall result in an improved site plan throuQh the provision of a more efficient off-street parkinQ area, and/or improved buildinQ desiQn and appearance; 4. Side and rear setbacks: a. The reduced setback does not prevent access to the rear of any buildinQ by emerQency vehicles and/or personnel; b. The reduced setback results in an improved site plan throuQh the provision of a more efficient off-street parkinQ area, and/or improved buildinQ desiQn and appearance; and 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 will be used for storaQe or other non-parkinQ demand-QeneratinQ purposes. Section 7. That Article 2, "Zoning Districts", Division 8, "Tourist District ("1")", Section 2-801.1, "Maximum development potential", of the Community Development Code, be, and the same is hereby amended to read as follows: Section 2-801.1. Maximum development potential. The Tourist District ("T") may be located in more than one land use category. It is the intent of the T District that development be consistent with the Countywide Future Land Use Plan as required by state law. The development potential of a parcel of land within the T District shall be determined by the standards found in this Development Code as well as the Countywide Future Land Use Designation of the property. For those parcels within the T District that have an area within the boundaries of and governed by a special area plan approved by the City Commission Council and the Countywide Planning Authority, maximum development potential shall be as set forth for each classification of use and location in the approved plan. Development potential for the Countywide Future Land Use Designations that apply to the T District are as follows: I ~=~~~ I ~H~:: I i:":&~~: . I ::1~E:"m8da"8", Use DCSlgn~tlon per Acre of Land Ratio/Impervzous SwftlCe RatIo [}mts Per ~1cre Resort Facilities High 30 dwelling units per acre F/\R 1.0/ISR .95 50 units per acre Countywide Future Land Maximum Maximum Floor Area Ratio /Imvervious Surface Ratio Maximum Ovemizht Use Desiznation Dwellinz Units Uvemizht Uvemizht Non-Residential Accommodations Units ver Acre of Accommodations Accommodations Uses Per Acre * Land ~ (Altemative) Hase Altemative Resort Facilities High 30 dwelling FAR 1.0/ISR .95 FAR2.0/ISR .95 FAR 1.0/ISR .95 50 Less than units per acre one acre: 75 N/A FAR 3.0/ISR .95 N/A N/A Between one acre and three acres: 100 - 6 - OrdiHama 1#01 ~26-08 Attachment number 1 Page 7 of 13 N/A FAR 4.0/ISR .95 N/A N/A Greater than three acres: 125 * Or as set forth in Beach by Desizn: A Preliminary Desizn for Clearwater Beach and Desizn Guidelines, the special area plan zoveminz Clearwater Beach adopted by Ord. No. 6689-01 and as amended. Section 8. That Article 2, "Zoning Districts", Division 8, "Tourist District ("1")", Section 2-802.J, "Overnight accommodations", of the Community Development Code, be, and the same is hereby amended to read as follows: J. Overnight accommodations. 1. Location: The use of the parcel proposed for development will not involve direct access to a major arterial street With the exception of those properties located on Clearwater Beach, the parcel proposed for development shall front on but shall not involve direct access to a maior arterial street unless no other means of access would be possible; 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. Front setback: a. The reduced setback shall contribute to a more active and dynamic street life; b. The reduced setback shall result in an improved site plan throuQh the provision of a more efficient off-street parkinQ area, and/or improved buildinQ desiQn and appearance; and c. The reduced setback will not result in a loss of landscaped area, as those areas beinQ diminished by the setback reduction will be accommodated for in other areas throuQh a Comprehensive Landscape Plan. 45. Setbacks Side and rear setbacks: a. The reduction in front setback contributes to a more active and dynamic street HfeT 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 othel"V'Jise required. a. The reduced setback does not prevent access to the rear of any buildinQ by emerQency vehicles and/or personnel; b. The reduced setback results in an improved site plan throuQh the provision of a more efficient off-street parkinQ area, and/or improved buildinQ desiQn and appearance; and c. The reduced setback will not result in a loss of landscaped area, as those areas beinQ diminished by the setback reduction will be compensated for in other areas throuQh a Comprehensive Landscape Plan. - 7 - OrdiHama 1#01 ~26-08 Attachment number 1 Page 8 of 13 56. The design of all buildings shall comply complies with the Tourist District site and architectural design guidelines in Section 3-501, as applicable; Division 5 of ^rticle 3. e7. Lot width: The reduced reduction in lot width shall wiU not result in a building which is out of scale with existing buildings in the immediate vicinity; and of the parcel proposed for development. 8. A Development AQreement must be prepared and approved pursuant to Florida Statutes 163.3221 - 163.3243 and Community Development Code Section 4-606 if the development proposal exceeds the base density and/or base F.A.R. established for the underlyinQ Future Land Use desiQnation. The Development AQreement must also comply with all applicable requirements of the "Rules ConcerninQ the Administration of the CountyWide Future Land Use Plan" as they pertain to alternative density/intensity, and as amended from time to time; and 9. The parcel proposed for development shall, if located within the Coastal Storm Area, have a hurricane evacuation plan requirinQ the use close when a hurricane watch is posted. Section 9. That Article 2, "Zoning Districts", Division 8, "Tourist District ("1")", Section 2-803.1, "Overnight accommodations", of the Community Development Code, be, and the same is hereby amended to read as follows: I. Overnight accommodations. 1. Location: The use of the parcel proposed for development will not involve direct access to an arterial street With the exception of those properties located on Clearwater Beach, the parcel proposed for development shall front on but shall not involve direct access to a maior arterial street unless no other means of access would be possible; 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. Front setback: a. The reduced setback shall contribute to a more active and dynamic street life; b. The reduced setback shall result in an improved site plan throuQh the provision of a more efficient off-street parkinQ area, and/or improved buildinQ desiQn and appearance; and c. The reduced setback will not result in a loss of landscaped area, as those areas beinQ diminished by the setback reduction will be compensated for in other areas throuQh a Comprehensive Landscape Plan. 45. Setbacks Side and rear setbacks: a. The reduction in front setback contributes to a more active and dynamic street ~ b. The reduction in front setback results in an improved site plan or improved design and appearance; c. The reduction in side and rear setback does not prevent access to the rear of any building by emergency vehicles; d. The reduction in side and rear setback results in an improved site plan, more efficient parking or improved design and appearance; - 8 - OrdiHama 1#01 ~26-08 a6. e7. 8. 9. Attachment number 1 Page 9 of 13 a. The reduced setback does not prevent access to the rear of any buildinQ by emerQency vehicles and/or personnel; b. The reduced setback results in an improved site plan throuQh the provision of a more efficient off-street parkinQ area, and/or improved buildinQ desiQn and appearance; and c. The reduced setback will not result in a loss of landscaped area, as those areas beinQ diminished by the setback reduction will be compensated for in other areas throuQh a Comprehensive Landscape Plan. The design of all buildings shall comply complies with the Tourist District site and architectural design guidelines in Section 3-501, as applicable; Division 5 of ^rticle 3. Lot area and/or width: The reduction shall in lot area and width \II/ill not result in a - - building which is out of scale with existing buildings in the immediate vicinity Gf..-..ti:le parcel proposed for development; A Development AQreement must be prepared and approved pursuant to Florida Statutes 163.3221 - 163.3243 and Community Development Code Section 4-606 if the development proposal exceeds the base density and/or base F.A.R. established for the underlyinQ Future Land Use desiQnation. The Development AQreement must also comply with all applicable requirements of the "Rules ConcerninQ the Administration of the CountyWide Future Land Use Plan" as they pertain to alternative density/intensity, and as amended from time to time; and The parcel proposed for development shall, if located within the Coastal Storm Area, have a hurricane evacuation plan requirinQ the use close when a hurricane watch is posted. Section 10. That Article 2, "Zoning Districts", Division 13, "Industrial, Research and Technology District ("IRT")", Section 2-1301.1, "Maximum development potential", of the Community Development Code, be, and the same is hereby amended to read as follows: Section 2-1301.1. Maximum development potential. The Industrial, Research and Technology District ("IRT") may be located in more than one land use category. It is the intent of the IRT District that development be consistent with the Countywide Future Land Use Plan as required by State law. The development potential of a parcel of land within the IRT District shall be determined by the standards found in this Development Code as well as the Countywide Future Land Use Designation of the property. Development potential for the Countywide Future Land Use Designations that apply to the I RT District are as follows: Countywide Maximum Maximum Floor Area Ratio/Impervious Surjace Ratio Maximum Ovemizht Future Land Dwelling Units Ovemizht Ovemizht Non-Residential Accommodation Units ver Use Designation per Acre of Accommodations Accommodations Uses Acre Land ~ (Altemative) Hase Altemative Industrial Limited N/A FAR .65/ISR .85 FAR l.5/ISR .85 FAR .65/ISR .85 50 r subiect to 75 r subiect to master master development development plan plan requirements in requirements in Section Section 2.3.3.6.1 of the 2.3.3.6.1 of the Countywide Countywide Plan Rules 1 Plan Rules 1 Industrial General N/A N/A N/A FAR .75/ISR .95 N/A N/A - 9 - OrdiHama 1#01 ~26-08 Attachment number 1 Page 10 of 13 Section 11. That Article 2, "Zoning District", Division 13, "Industrial, Research and Technology District ("IRT"), Section 2-1304, "Table 2-1304", of the Community Development Code, be and the same is hereby amended to read as follows: Table 2-1304. "IRT" District Flexible Development Standards Min. Lot Min. Lot Min. Setbacks (ft.) Uses Area Width (ft.) Max. Height (ft.) Min. OjJ~Street Parking (sq. jt.) Front * Side SidelRear Adult Uses (1 ) 10,000 100 20 15 15 30 5/1,000 SF GFA Determined by the Comprehensive Infill community development Redevelopment n/a n/a n/a n/a n/a n/a director based on the Project specific use and/or ITE Manual standards Nightclubs (2) 10,000 100 20 12 15 30 15/1,000 SF GFA Oflices 10,000 100 20 15 15 30 3/1,000 SF GFA Overnight 40,000 200 20 15 15 50 llUNIT Accommodations (3) Salvage Yards 40,000 200 20 12 15 30 1/200 SF of oflice space Self Storage 20,000 100 20 12 15 30 1 per 20--25 units plus 2 for manager's oflice SociallPublic Service 10,000 100 20 15 15 30 3/1,000 SF GFA Agencies (4) Telecommunication 10,000 50 25a 10 -Wf20 Refer to Section n/a Towers 3-2001 * The front setback may be reduced to 15 feet for parking lots provided the land area is not suflicient to accommodate the full setback requirement and the reduction results in an improved site plan or improved design and appearance and landscaping is in excess ofthe minimum required. (1) Adult uses shall not exceed five acres in area in the Industrial Limited land use plan map category or exceed 25 percent of a project in the Industrial General land use plan map category. (2) Nightclubs shall not exceed five acres in area in the Industrial Limited land use plan map category or exceed 25 percent of a project in the Industrial General land use plan map category. (3) Overnight accommodations shall not exceed five acres in the Industrial Limited land use plan map category or €xc€€d 25 p€rc€I1t of a proj€ct af€a in th€ Industrial Gen€falland us€ plan map cat€gory. (4) Social/public service agencies shall not exceed five acres. Section 12. That Article 2, "Zoning Districts", Division 13, "Industrial, Research and Technology District ("IRT")", Section 2-1304.E, "Overnight accommodations", of the Community Development Code, be, and the same is hereby amended to read as follows: E. Overnight accommodations. 1. The parcel proposed for development is not contiguous to a parcel of land with a residential desiQnation which is designated as residential in the Zoning Atlas; 2. The parcel proposed for development abuts an arterial street; 3. The use of the parcel proposed for development will not involve direct access to an arterial street. - 10 - OrdiHama 1#01 ~26-08 Attachment number 1 Page 11 of 13 2. The parcel proposed for development shall front on but shall not involve direct access to a maior arterial street; 3. Siqns: No siQn of any kind is desiQned or located so that any portion of the siQn is more than six feet above the finished Qrade of the front lot line of the parcel proposed for development unless such siQnaQe is a part of an approved comprehensive siQn proQram; 4. In addition to the requirements reQardinQ the approval of a Master Development Plan for the overniQht accommodations use, a Development AQreement must also be prepared and approved pursuant to Florida Statutes 163.3221 - 163.3243 and Community Development Code Section 4-606 if the development proposal exceeds the base density and/or base F.A.R. established for the underlyinQ Future Land Use desiQnation. The Development AQreement must also comply with all applicable requirements of the "Rules ConcerninQ the Administration of the CountyWide Future Land Use Plan" as they pertain to alternative density/intensity, and as amended from time to time; and 5. The parcel proposed for development shall, if located within the Coastal Storm Area, have a hurricane evacuation plan requirinQ the use close when a hurricane watch is posted. Section 13. That Article 2, "Zoning Districts", Division 14, "Open Space/Recreation District ("OSR")", Section 2-1403, "Table 2-1403", of the Community Development Code, be, and the same is hereby amended to read as follows: Table 2-1403. "OSR" District Flexible Standard Development Standards Min. Lot Min. Lot Max. Height Min. Off-Street Use Size (sq. ft.) Width (ft.) Min. Setbacks (ft.) (ft.) Parking Front Side Rear Governmental Use N/A N/A N/A N/A N/A N/A N/A ~ 2.5--5 per 10,000 SF land area or as determined by Outdoor 2.5 acres 200 25 20 25 30 the community RecreationlEntertainment development coordinator based on lIE Manual standards OV€I1light /\ccorrnnodations WIA Bfa ~ ;W ~ JQ s€€ Standards Parking Garages and Lots 20,000 100 25 10 20 50 N/A Public Transportation Facilities N/A N/A N/A N/A N/A 10 N/A Restaurants 40,000 200 25 20 25 30 10 per 1,000 SF GFA Retail Sales and Service 40,000 200 25 20 25 30 4 per 1,000 SF GFA Utility /Infrastructure F acili ties N/A N/A 25 10 20 N/A N/A Section 14. That Article 2, "Zoning Districts", Division 14, "Open Space/Recreation District ("OSR")", Section 2-1403, "Flexible standard development", of the Community - 11 - OrdiHama 1#01 ~26-08 Attachment number 1 Page 12 of 13 Development Code, be, and the same is hereby amended to delete subsection C, "Overnight accommodations", and re-Iettering the subsequent subsections as appropriate: c. O'lernight accommodations. 1. The use is accessory to private clubs; 2. No more than one unit per golf course hole or one unit per t\~/O marina slips, one per tennis court or four per swimming pool, but in no case more than 18 units on a single parcel proposed for development; 3. The use is limited to use by members of the club or their guests; Section 15. That Article 2, "Zoning Districts", Division 14, "Open Space/Recreation District ("OSR")", Section 2-1404, "Table 2-1404", of the Community Development Code, be, and the same is hereby amended to read as follows: Table 2-1404. "OSR" District Flexible Standard Development Standards Min. Lot Size Min. Lot Max. Height Min. Off-Street Use (sq. ft.) Width (ft.) Min. Setbacks (ft.) (ft.) Parking Front Side Rear Determined by the community development Comprehensive rntill coordinator N/A N/A N/A N/A N/A N/A based on the Redevelopment Project specific use and/or ITE Manual standards Section 16. That Article 8, "Definitions and Rules of Construction", Section 8-102, "Definitions", of the Community Development Code, be, and the same is hereby amended to read as follows: ********** Overniqht Accommodation Unit means an individual room, rooms or suite within a overnioht accommodations use desioned to be occupied, occupied, or held out to be occupied as a sinole unit for temporary occupancy. ********** Overnight Accommodations means any use that provides transient lodging accommodations to the public, a membership group, or members of an association, including interval ownership. Allowable accessory uses shall be integral to the principal use and may include, but shall not be limited to, offices, restaurants and retail provided such uses are integral to the primary use a facility containino one or more overnioht accommodation units, the occupancy of which occurs, or is offered or advertised as beino available, for a term of less than 31 days or one calendar month, whichever is less. In determinino whether a property is used as a overnioht accommodation use, such determination shall be made without reoard to the form of ownership of the property or unit, or whether the occupant has a direct or indirect interest in the - 12 - OrdiHama 1#01 ~26-08 Attachment number 1 Page 13 of 13 property or unit; and without reQard to whether the riQht of occupancy arises from a rental aQreement, other aQreement, or the payment of consideration. ********** Section 17. Amendments to the Community 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 18. 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 19. 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 20. Notice of the proposed enactment of this Ordinance has been properly advertised in a newspaper of general circulation in accordance with applicable law. Section 21. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Approved as to form: Frank V. Hibbard Mayor Attest: Leslie Dougall-Sides Assistant City Attorney Cynthia E. Goudeau City Clerk - 13 - OrdiHama 1#01 ~26-08 CDB Meeting Date: Case Number: Ordinance No.: Agenda Item: REQUEST: INITIA TED BY: Attachment number 2 Page 1 of 4 March 18, 2008 TA2008-01001 7926-08 H. 3. CITY OF CLEARWATER PLANNING DEPARTMENT STAFF REPORT Amendments to the Community Development Code to adopt alternative densities and intensities for overnight accommodations, to improve the criteria by which overnight accommodations are permitted, to adopt criteria for indoor recreation/entertainment uses where none previously existed, to further the consistency between the Community Development Code and the Clearwater Comprehensive Plan, and to make other minor editorial changes. City of Clearwater Planning Department BACKGROUND: The proposed amendments to the Community Development Code (CDC) are associated with an amendment being proposed to the Clearwater Comprehensive Plan that would adopt alternative density and intensity standards for overnight accommodations consistent with the "Rules Concerning the Administration of the Countywide Future Land Use Plan" (AKA Countywide Plan Rules). As such, several of the proposed amendments are being brought about to ensure consistency between the CDC and the Clearwater Comprehensive Plan. In addition, however, are a few amendments that are editorial in nature or are refinements to existing CDC sections. ANAL YSIS: The following is a summary of the proposed amendments organized by CDC Article. The proposed Ordinance No. 7926-08 is also attached and includes each of the amendments. Within the ordinance document, text that is underlined indicates proposed language and text containing strikcthroughs indicate deletions. Article 2. Zonin2: Districts o Consistency with the Clearwater Comprehensive Plan (Pages 2, 3, 6, 7 and 9 of Ordinance) This ordinance adds the Resort Facilities High (RFH) Future Land Use category to the list of Countywide Future Land Use Plan Designations compatible with the High Density Residential (HDR) and Commercial (C) Districts. The Clearwater Comprehensive Plan already identifies these compatibilities. This ordinance also amends the maximum development potential tables associated with the Commercial (C), Tourist (T) and Industrial, Research and Technology (IRT) Districts so that they are compatible with the adopted alternative density and intensity standards for overnight accommodations (proposed with Ordinance No. 7924-08). The C District would allow an alternative density of 45 units per acre (compared to a base of 30) where there is an underlying Future Land Use Plan designation of either Commercial Limited (CL) or Residential/Office/Retail (R/O/R); and of 60 units per acre (compared to a base of 40) where Commercial General (CG) FLUP designations exist. The Community Development Board - March 18, 2008 T A2008-0 100 1 - Page 1 Item # 19 Attachment number 2 Page 2 of 4 C District, as well as the T District, would also allow, as an alternative to the base density of 50 units per acre, between 75 and 125 units per acre (depending upon property size) where it coincides with a FLUP designation of Resort Facilities High (RFH). With regard to the IRT District, an alternative density of 75 units per acre (compared to a base of 50) would be possible, but would still be subject to the master development plan requirements of the Countywide Plan Rules. o Indoor Recreation/Entertainment (Pages 3, 5 and 6 of Ordinance) This ordinance adds a flexibility criterion addressing lot area and/or width to the Flexible Standard Development (FLS) indoor recreation/entertainment use within the Commercial (C) District as none presently exists for the permissible lot area and lot width deviations. This ordinance also adds flexibility criteria addressing lot area and/or width, height, setbacks and parking to the Flexible Development (FLD) indoor recreation/entertainment use within the Commercial (C) District as no criteria presently exist for this use. o Overnight Accommodation Flexibility Criteria (Pages 3, 4, 5, 7, 8, 9, 10, and 11 of Ordinance) This ordinance adopts revised and consistent flexibility criteria for the overnight accommodation use in the Commercial (C), Tourist (T) and Industrial, Research and Technology (IRT) Districts. For the most part, the revisions only restate criteria for clarity or to improve upon the original intent; however two new criteria are being added. One criterion requires that if a development proposes to make use of adopted alternative density/intensity standards, then they would need to enter into a development agreement with the City. The other criterion requires that overnight accommodations located within a Coastal Storm Area would need to have a hurricane evacuation plan. o Open Space/Recreation District (Pages 11 and 12 of Ordinance) This ordinance removes the Flexible Standard Development (FLS) overnight accommodation use from the Open Space/Recreation (OSR) District. This use is being removed for a couple of reasons. First, the Future Land Use category that is compatible with the OSR District does not allow overnight accommodation density. Second, the use is only to be as an accessory use to private clubs; however private clubs are not permitted in the OSR District. As such, the overnight accommodation use needs to be removed. There is also a minor correction being done with this ordinance to Table 2-1404 of the Open Space/Recreation (OSR) District to remove the erroneous word "Standard" from the title. Article 8. Definitions and Rules of Construction o Overnight Accommodations & Overnight Accommodation Unit (Pages 12 and 13 of Ordinance) This ordinance adopts a definition for the term "overnight accommodation unit" and a revised definition for the term "overnight accommodation". The adoption of these definitions is so that the City is consistent with those definitions set forth in the Countywide Plan Rules. CRITERIA FOR TEXT AMENDMENTS: Community Development Code Section 4-601 sets forth the procedures and criteria for reviewing text amendments. All text amendments must comply with the following: Community Development Board - March 18, 2008 T A2008-0 100 1 - Page 2 Item # 19 Attachment number 2 Page 3 of 4 1. The proposed amendment is consistent with and furthers the goals, policies and objectives of the Comprehensive Plan. Below is a selected list of goals, objectives and policies from the Clearwater Comprehensive Plan that are furthered by the proposed amendments to the Community Development Code: Goal 2 Objective 3.2 Policies 3.2.1 The City of Clearwater shall utilize innovative and flexible planning and engineering practices, and urban design standards in order to protect historic resources, ensure neighborhood preservation, redevelop blighted areas, and encourage infill development. Future Land Use in the City of Clearwater shall be guided by the Comprehensive Land Use Plan Map and implemented through the City's Community Development Code. Map categories are further defined in Policy # 3.2.1 below. Land Uses on the Comprehensive Land Use Plan Map shall generally be interpreted as indicated in the following table. The intensity standards listed in the table (FAR - floor area ratio; ISR - impervious surface ratio) are the maximum allowed for each plan category, except where otherwise permitted by special area plans or redevelopment plans approved by the City Commission. Consequently, individual zoning districts, as established by the City's Community Development Code, may have more stringent intensity standards than those listed in the table but will not exceed the maximum allowable intensity of the plan category, unless otherwise permitted by approved special area plans or redevelopment plans. In addition to the above, the following objective and policies are proposed with the companion Ordinance No. 7924-08, which amends the Clearwater Comprehensive Plan. These would also be furthered by the proposed amendments to the Community Development Code. Objective 2.6 Policy 2.6.1 Policy 2.6.2 Tourism is a substantial element of the City's economic base and as such the City shall continue to support the maintenance and enhancement of this important economic sector. The City supports and encourages the continued development and redevelopment of overnight accommodation uses. The City supports the adoption of higher density/intensity standards for overnight accommodation uses such that a sufficient supply shall be available within the City provided that concurrency standards are met. 2. The proposed amendment furthers the purposes of the Community Development Code and other City ordinances and actions designed to implement the Plan. The proposed text amendment will further the purposes of the Community Development Code in that it will be consistent with the following purposes set forth in CDC Section 1-103: o Allowing property owners to enhance the value of their property through innovative and creative redevelopment (CDC Section 1-103.B.1). o Strengthening the City's economy and increasing its tax base as a whole (CDC Section 1- 103.B.3). Community Development Board - March 18, 2008 T A2008-0 100 1 - Page 3 Item # 19 Attachment number 2 Page 4 of 4 o Protect the character and the social and economic stability of all parts of the City through the establishment of reasonable standards which encourage the orderly and beneficial development of land within the City (CDC Section 1-103.E.2). o Establish permitted uses corresponding with the purpose and character of the respective zoning districts and limit uses within each district to those uses specifically authorized (CDC Section 1- 1 03.E. 9). SUMMARY AND RECOMMENDA nON: The proposed amendments to the Community Development Code are consistent with and further the goals of the Clearwater Comprehensive Plan and the purposes of the Community Development Code. The amendments further those development goals established in the Code, and existing Community Development Code provisions are amended to better reflect City development patterns and improve internal processes. Based upon the above, the Planning Department recommends APPROVAL of Ordinance No. 7926-08 that amends the Community Development Code. Prepared by Planning Department Staff: Robert G. Tefft, Planner III ATTACHMENT: o Ordinance No. 7926-08 S:\Planning DepartmentlCommunity Development Codel2008 CodeAmendmentslTA2008-0iOOilOrdinance No 7926-08 CDB StajfReport 2008 03-i8.doc Community Development Board - March 18, 2008 T A2008-0 100 1 - Page 4 Item # 19 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Set Special Budget Work Session SUMMARY: Meeting Date: 3/17/2008 Review Approval: 1) Clerk Cover Memo Item # 20 Meeting Date: 3/17/2008 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Adopt Ordinance No. 7918-08 on second reading, creating Section 17.07, Code of Ordinances, to enhance trench digging safety. SUMMARY: Review Approval: 1) Clerk Cover Memo Item # 21 Attachment number 1 Page 1 of 3 ORDINANCE NO. 7918-08 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, RELATING TO TRENCH DIGGING; CREATING SECTION 17.07, CLEARWATER CODE OF ORDINANCES, TO ENHANCE TRENCH DIGGING SAFETY; PROVIDING AN EFFECTIVE DATE. WHEREAS, Clearwater Fire & Rescue is charged with providing rescue services in the Clearwater Fire Control District within Pinellas County, Florida; and WHEREAS, by requiring individuals to comply with recognized standards for trench digging safety, the safety of construction workers and the safety of Clearwater Fire and Rescue personnel would be enhanced, particularly when personnel have to respond to render aid and medical services resulting from a collapse, an entrapment, or an injury; and WHEREAS, Section 633.025, Florida Statutes (2007) requires a municipality, county, or special district with fire and life safety responsibilities to adopt and enforce minimum fire and life safety standards; and WHEREAS, Section 633.0215(7), Florida Statutes (2007) requires that any local amendment to the Fire Code adopted by a local government must strengthen the requirements of the minimum fire and life safety codes; now, therefore, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: Section 1. Section 17.07, Clearwater Code of Ordinances, is hereby created as follows: Sec. 17.07. TRENCH DIGGING SAFETY (1) Definitions. For the purposes of this section: (a) Excavation means any manmade cavity or depression in the earth's surface, including its sides, wall, or faces, formed by earth removal and producing unsupported earth conditions by reasons of the excavation. If installed forms or similar structures reduce the depth-to-width relationship, an excavation may become a trench. (b) OSHA means the U.S. Department of Labor, Occupational Safety and Health Administration, or successor agency. (c) Supervisory personnel means any person who has the responsibility for layout, oversight, superintending, directing or controlling an excavation or a trench site. (d) Trench digging means a narrow excavation in excess of five (5) feet deep below the surface of the ground. In general, the depth is greater than the width, but the width of a trench (measured at the bottom) is not greater than fifteen (15) feet. If forms or other structures are installed or constructed in an excavation so as to reduce the dimension measured from the forms or structure to the side of the Item # 21 Ordinance No.7918-08 Attachment number 1 Page 2 of 3 excavation to fifteen (15) feet or less (measured at the bottom of the excavation), the excavation is also considered a trench. (2) Prohibition. No individual, partnership, corporation or other entity of any kind whatsoever shall engage in any trench digging except in compliance with the provisions of this article and in compliance with any applicable laws of the State of Florida or of the United States Occupational Safety and Health Administration (OSHA), particularly part 29 C.F.R.'s 1926, Subpart P--Excavations, Trenching, and Shoring Section 1926.650, 1926.651, 1926.652, 1926.653 of the code of Federal Regulations as the same now exist or may be hereafter amended, which are specifically adopted as part of this Article the same as if quoted verbatim herein. (3) Permit required. No trench digging shall be performed until a permit has been obtained from the City of Clearwater Building Department. All applicants shall be required to acknowledge receipt and understanding of safety requirements before a permit will be issued. All such permits shall be conspicuously posted upon the job site. Perm it shall be suspended or revoked for due cause. The violation of any laws or ordinances regulating trench digging as set forth herein shall constitute due cause for suspending or revoking such permit. (4) Inspection. (a) The Fire Inspector or his designee shall periodically inspect trench digging sites. Such inspectors shall, among other things, verify the presence of the required permits and compliance with the OSHA safety standards hereinabove adopted. (b) Every trench digging project shall have an OSHA certified "Competent Person" on site during all aspects of the trench digging to perform the necessary inspections. The Contractor is the responsible party for damage to underground facilities such as gas mains and utility service lines. (5) Violations. (a) Violations of this Article may result in revocation or suspension of trench digging perm its issued hereunder as set forth above. (b) A written notice of violation shall be issued for any deficiency. Upon receipt of such notice, the deficiency shall be corrected immediately. No further trench digging may take place until the deficiency noted is first corrected. (c) If deficiencies identified in a notice of violation are not corrected in a timely manner, a stop work order (red tag) will be issued. (d) Flagrant and/or repeated violations shall be reported to OSHA for action by that agency. Item # 21 Ordinance No.7918-08 Attachment number 1 Page 3 of 3 Section 2. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Approved as to form: Robert J. Surette Assistant City Attorney Frank V. Hibbard Mayor Attest: Cynthia E. Goudeau City Clerk Item # 21 Ordinance No.7918-08 Meeting Date: 3/17/2008 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Adopt Ordinance No. 7919-08 on second reading, amending the Fire and Life Safety Inspection Permit Fees to add Trench Digging Permit Fee. SUMMARY: Review Approval: 1) Clerk Cover Memo Item # 22 Attachment number 1 Page 1 of 2 ORDINANCE NO. 7919-08 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, RELATING TO FIRE AND LIFE SAFETY INSPECTION FEES; AMENDING THE SCHEDULE OF FEES IN APPENDIX A, ARTICLE VIII, CLEARWATER CODE OF ORDINANCES, TO ADD A FEE FOR THE PERMIT REQUIRED FOR TRENCH DIGGING; PROVIDING AN EFFECTIVE DATE. WHEREAS, Clearwater Fire & Rescue is charged with providing rescue services in the Clearwater Fire Control District within Pinellas County, Florida; and WHEREAS, Section 633.025, Florida Statutes (2007) requires a municipality, county, or special district with fire and life safety responsibilities to adopt and enforce minimum fire and life safety standards; and WHEREAS, Section 633.081, Florida Statutes (2007) allows the governing body of a municipality, county, or special district with fire and life safety enforcement responsibilities to provide a schedule of fees to pay the cost of inspections and related administrative expenses; and WHEREAS, because a new permit for Trench Digging has been created, a fee for said permit is added to Appendix A, Article VIII, Clearwater Code of Ordinances; and WHEREAS, the City Council finds that the fees imposed herein are reasonably related to the expenses of the City in providing these services; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. Appendix A, Article VIII, Clearwater Code of Ordinance, is hereby amended as follows: VIII. Fire and Life Safety Inspection/Permit Fees: (1) Preliminary Site Plans.............................................. $200.00 each (2) New Construction/Renovations Plan Review.......... $0.04 per sq. ft. (3) 3rd Plan Review........................................................ $1 00.00 plus $0.04 per sq. ft. (4) Fire Protection Sprinkler Systems (All) .................... $0.04 per sq. ft. (5) Underground Fire Line ............................................. $1 00.00 each (6) Armovers or Add Head to Existing Sprinkled Spaces ........................................ $1.00 per head, $50.00 minimum (7) Standpipe Systems.................................................. $1 00.00 each (8) Fire Pump ................................................................$250.00 each for review, inspection, and acceptance test (9) Fire Alarm and Detection Systems (All) ................... $0.04 per sq. ft., $50.00 per panel (10) Pre-engineered Fire Suppression Fixed Systems (All) or Hood Systems (All) ...................................... $75.00 Ordinance No.lta11l4M22 Attachment number 1 Page 2 of 2 (11) Renovation Inspection.............................................. $50.00 (12) Hotwork: Commercial Roofing, Welding, Cutting, Thermite Welding, Braising, Soldering, Grinding Thermal Spraying ...................................................... $1 00.00 (13) Certificate of Occupancy Inspection ......................... $50.00 (14) Red Tag Fee (failed permit inspection) ..................... $50.00 (15) Trench DiGGinG Permit $200.00 (16)~ Change of Occupancy Inspection ....................... $50.00 (17)fiG} Flammable/Combustible Liquids Storage............ $50.00 (18)M Tank Removal or Tank Installation...................... $60.00 each (19)f-tS} LP Storage Cylinders........................................... $50.00 (20)f-t9} Fireworks Display................................................ $150.00 (21){2Q} Tent permit and Inspection.................................. $150.00 (22){24-} ALF's.................................. ................................ $50.00 per floor (23){22} Nursing Homes................................................... $50.00 per floor (24)~ Hospitals............................................................. $50.00 per floor (25){24} Group Homes ..................................................... $50.00 per floor (26)~ Foster Homes ..................................................... $50.00 per floor (27){2G} Disaster Plan Review......................................... $50.00 each (28){2+} Daycare .............................................................. $50.00 per floor (29){2S} Occupational License Inspection........................ $50.00 (30){29} Periodic Inspection ............................................. No Charge (31){W} Follow-up Re-inspection ..................................... No Charge (32){J4-} 1st Re-inspection less than 80,000 sq. ft ............ $50.00 (33)~ Subsequent Re-inspection less than 80,000 sq. ft. $100.00 (34)~ Re-inspection over 80,000 sq. ft......................... $1 00.00 (35)~ Subsequent Re-inspection over 80,000 sq. ft .... $200.00 (36)~ Licensure of Facilities Inspection ....................... $50.00 (37)~ Fire Watch .......................................................... $43.00 (per person per hour) (38){3+} Fire Watch Apparatus Usage ............................. $150.00 (per apparatus per hour) Section 2. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Frank V. Hibbard Mayor Approved as to form: Attest: Robert J. Surette Assistant City Attorney Cynthia E. Goudeau City Clerk 2 Ordinance No. ~ffl-#822 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Coast Guard City Designation Application SUMMARY: Meeting Date: 3/17/2008 Review Approval: 1) Clerk Cover Memo Item # 23 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Update on Public Outreach SUMMARY: Meeting Date: 3/17/2008 Review Approval: 1) Clerk Cover Memo Item # 24 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Assistance to Tampa Bay Estuary - Councilmember Gibson SUMMARY: Meeting Date: 3/17/2008 Review Approval: 1) Clerk Cover Memo Item # 25 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Guideway to the Beach - Mayor Hibbard SUMMARY: Meeting Date: 3/17/2008 Review Approval: 1) Clerk Cover Memo Item # 26 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Mainland Parking Garage - Councilmember Gibson SUMMARY: Meeting Date: 3/17/2008 Review Approval: 1) Clerk Cover Memo Item # 27 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Other Council Action SUMMARY: Meeting Date: 3/17/2008 Review Approval: 1) Clerk Cover Memo Item # 28 Meeting Date: 3/17/2008 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Accept Rebate Check in the amount of $65,761.37 from Bank of America due to P-card and E-pay transactions. SUMMARY: City staff began researching alternative methods for making small dollar purchases in 1996 in order to improve efficiencies and reduce costs across the City. In April of 1999, the City starting using purchasing cards (p-cards) with Building and Maintenance to reduce the time consumed in purchasing small dollar repair parts and supplies. This was done through piggy-backing on a State Contract which included a rebate based upon the dollar volume of transactions paid via p-card. The results of that year earned the City rebates from Bank of America of $629.40. In the following years, we expanded that program to include more departments, further simplifying processes for the numerous small dollar purchases throughout the City. In addition, while going out for bid for banking services we included p-card services in the bid and we were able to receive a higher rebate percentage than offered on the state contract. While simplifying processes was one of our goals, we continued to stress the importance of internal controls. We worked with our outside financial software company and with the Bank of America to make sure that our processes insured that all transactions were reviewed timely and properly authorized. We continue to stress these principles. We believe our internal controls are stronger with both p-card and e-pay. Our most recent exploration into electronic transactions led us to our latest process improvement. This was done with E-pay, whereby the City pays some of it's bills electronically through the Bank of America e-pay system. The vendors get their funds from the bank immediately, and the City pays the funds to the bank monthly (similar to paying our bills with a credit card). This reduced the use of paper checks, reduced postage, streamlined processes, reduced lost/stolen checks, and allowed the vendors to be paid faster while allowing the City to keep our funds longer. As a result, we were able to increase our rebate from Bank of America and increase interest earnings on investments due to the increase time that the City has use of its money. Below is a history of our rebate payments from the Bank of America FY2000 - $629.40 FY200l - $6,295.95 FY2002 - $8,034.32 FY2003 - $11,165.70 FY2004 - $12,030.97 FY2005 - $15,121.54 FY2006 - $22,717.66 FY2007 - $65,761.37 In addition to the rebate in FY2007, we estimate that the City earned an additional $50,000 in investment earnings - for a total revenue of $115,761.37. Add to that the reduction of costs estimated at approximately $35,000 (elimination of 1 accounting clerk, reduced supply cost, reduced postage cost, etc.), the net gain to the City is approximately $150,0000. Mr. W. Evan Tullos, SVP from Global Treasury Services with Bank of America will make the check presentation. Critical members of the Finance Department responsible for these improvements are: Karen Miles George McKibben Steve Moskun Mark Tedder John Coppersmith Cover Memo Review Approval: 1) Clerk Item # 29 Attachment number 1 Page 1 of 3 Facing tax rollbacks, one Florida city makes up for lost revenue with an innovative accounts payable solution. A BANK OF AMERICA CASE STUDY Like it or not, taxes are the lifeblood of local government. So last year, when the governor of Florida called a special session of the state legislature to enact tax reform, municipalities across the state took note. They knew they would likely have to roll back their tax rates, which could reduce revenues and throw balanced budgets out of whack. Clearwater braces for a budget crunch by eliminating paper. In Clearwater, a city of about 108,000 perched on a bluff overlooking the Gulf of Mexico, the city government found an easy way to make up for some of that lost revenue: cut costs by replacing paper checks with electronic payments. With ePayables, a card-based electronic payment platform offered by Bank of America, Clearwater was able to streamline its accounts payable companies and uniform manufacturers to the professional baseball teams who spend every spring in Clearwater, are fans, since they get paid faster and more reliably than before. "It reduces your costs and saves time... ePayables was a creative solution to a problem." And there's a bonus: Clearwater was eligible to earn an annual rebate based on the dollar amount of payments it makes via ePayables, including expenses charged to its integrated Bank of America Purchasing Cards (P-Cards). Says Steve Moskun, You get a rebate at the end of the year. You get happy customers. ePayables was a creative solution to a problem." Clearwater consolidates electronic payments online. Steve has made Clearwater something of an early adopter when it comes to accounts payable innovations. Since 2000, the city has been using P-Cards, allowing the city to track and control spending by employees more effectively. The cards come with a wealth of options, from online, real-time authorizations and spending limit manipulation to customized reporting that can be imported directly into your organization's general ledger. Clearwater's spending via P-Cards grew to $4.5 million in 2006. allows your organization to shift accounts payable disbursements from paper to electronic payments, which can be faster be accounting processes and software. And like P-Cards, it leverages the ease and ubiquity of the global credit card network. Clearwater had actually begun implementing ePayables before the issue of tax reform appeared on the horizon in the state of Florida. But the rebates, which are approaching $50,000 just nine months after the city implemented the system, will make up for some of the cutting it expects to have to do as a result of tax reform, Moskun says. And because ePayables is les s labor-intensive than the proces s of is suing and mailing paper checks, it helped to alleviate the impact of budget cuts resulting in the loss of one accounting clerk. Page 1 A BANK OF AMERICA CASE STUDY Facing tax rollbacks, one Florida city makes up for lost revenue with an innovative accounts payable solution. Item # 29 An end to lost-check investigations. Invariably, checks can get lost in the mail, which can irritate vendors. "We'd get one lost check a day where a vendor calls up and says we didn't get that payment," Steve says. "The vendors wanted their money." Either way, a time-consuming investigation could follow to see if the check had cleared, and if yes, to provide a copy of the which integrates smoothly with most accounting systems. Works actually processes the electronic payments as P-Card n umbers that distinguish them as ePayables. The credit limit is raised by the amount of the ePayable, and within a few minutes, the payee receives an e-mail alerting that a payment is ready to be processed. It takes a matter of minutes to download the remittance data and charge the amount due, after which the credit limit is reset and the payment is added to the payer's next statement. "It makes the reconciliation process to the general ledger much easier," says Mark Tedder, an accountant in Clearwater's Finance Department. "So far I've been able to reconcile it every single month to the penny." By reducing payments made Adds Mark: "It's not a process that's intensive at all. I don't spend near the amount of time resolving issues, because everything is so well-directed. You don't seem to run into the issues you do with processing check payments." A safe way to disburse payments. payments. "We found out that it was a lot more secure than we thought." 200 suppliers based on expenditures using $50,000 a year in total spending as the threshold. Bank of America took the list and began contacting the vendors to see if they were willing to accept ePayables. Seventy-eight agreed, many of whom were already accepting credit card payments from other customers and thus would experience little difference. "By reducing payments made by check, Mter nine months, it had processed 2,938 ePayables totaling $3,966,005.04 - with near seamless precision. Page 2 A BANK OF AMERICA CASE STUDY Facing tax rollbacks, one Florida city makes up for lost revenue with an innovative accounts payable solution. Item # 29 The difference between handling electronic payments and check payments couldn't be clearer. The city runs ePayables just rare inquiries from vendors are easily investigated and resolved since every transaction involved with a particular electronic change in their processes for making purchases or inputting invoices. "Everybody's happy in-house," Steve says. Praise from Clearwater's suppliers. Clearwater's suppliers have given ePayables high marks, too. Payments arrive sooner and with less work required to clear them and less chance they'll get lost or separated from key payment information. Some are even integrating Works with their accounts receivable systems, meaning all that's required to accept a payment is a few keystrokes. "All of the feedback has been positive," says Mark. "They've told me that they wouldn't go back to being paid by check. They like the fact that they get their payment almost instantly. The record keeping is simpler for them because they don't have to record checks and process them for deposit ." And because the city won't have to remit payment to Bank of America until the next month's statement is due, it is free to make some payments early. Clearwater is me 40 days to pay, I'm going to pay you on Wednesday because I know I'm not going to be invoiced by Bank of America for another month," Mark says. ePayables has been so successful for Clearwater that it has asked Bank of America to initiate a second round of vendor enrollments to try to boost the ranks of vendors it pays that way. And the city has decided to stop paying by ACH to encourage more vendors to choose ePayables over paper checks. With the enrollment of additional vendors, "The city's got potential next year to do tremendously more than we did this year," Mark says. Serving a population's multiplicity of diverse needs without breaking the bank is a constant challenge for local governments. For the City of Clearwater, a midsized municipality with a history of trying out innovative payment options, ePayables was an easy way to reduce costs and boost revenue at the same time. "Clearwater's suppliers have given ePayables high marks, too. Payments arrive sooner and with less work required." For more information on ePayables, Purchasing Cards and the positive impact they can have on your organization's These results are not always typical. This case study contains suggestions only, and is not meant to substitute for your own internal procedures, which are appropriate for your company. This information is not business or legal advice. You may wish to consult your own business and legal advisor to discuss your company's business and legal needs. Please note that results are not always typical. Page 3 A BANK OF AMERICA CASE STUDY Facing tax rollbacks, one Florida city makes up for lost revenue with an innovative accounts payable solution. AD-AB-0169ED @2007 Bank of America Corporation. Item # 29 Meeting Date: 3/17/2008 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Imperial Park Homeowners Association to present award to Fire Department - Becky Melendez, Development and Neighborhood Services SUMMARY: Review Approval: 1) Clerk Cover Memo Item # 30 Meeting Date: 3/17/2008 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Recognition of US Coast Guard Auxillary, Division 11, District 7 (West Coast Florida) - Winners of 2007 International Search and Rescue competition SUMMARY: Review Approval: 1) Clerk Cover Memo Item # 31 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Lighthouse of Pinellas Foundation / Daniel T. Mann, President and CEO. SUMMARY: Meeting Date: 3/17/2008 Review Approval: 1) Clerk Cover Memo Item # 32 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Proclamation: Poppy Day - presented to Gi Gi Janesik, American Legion Auxiliary SUMMARY: Meeting Date: 3/17/2008 Review Approval: 1) Clerk Cover Memo Item # 33