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04/17/2008 City Council Agenda Location: Council Chambers - City Hall PLEASE NOTE: ITEMS 8.1 THROUGH 8.4 ARE PROPOSED TO BE TAKEN OUT OF ORDER AND HEARD AFTER ITEM 7.5 Date: 4/17/2008- 6 :00 PM Welcome. We are glad to have you join us. If you wish to speak, please wait to be recognized, then state your name and address. Persons speaking before the City Council shall be limited to three (3) minutes unless otherwise noted under Public Hearings. For other than Citizens to be heard regarding items not on the Agenda, a spokesperson for a group may speak for three (3) minutes plus an additional minute for each person in the audience that waives their right to speak, up to a maximum of ten (10) minutes. Prior to the item being presented, please obtain the needed form to designate a spokesperson from the City Clerk (right-hand side of dais). Up to thirty minutes of public comment will be allowed for an agenda item. No person shall speak more than once on the same subject unless granted permission by the City Council. The City of Clearwater strongly supports and fully complies with the Americans with Disabilities Act (ADA). Please advise us at least 48 hours prior to the meeting if you require special accommodations at 727-562-4090. Assisted Listening Devices are available. Kindly refrain from using beepers, cellular telephones and other distracting devices during the meeting. 1. Call to Order 2. Invocation 3. Pledge of Allegiance 4. Presentations 4.1 Civitan Awareness Proclamation - Frank Kelly I@l Attachments 4.2 Proclamation: April 19 is Clearwater Poetry Day. ~ Attachments 4.3 Salvation Army Non-Profit Presentation - Major Hinson I@l Attachments 4.4 Clearwater Housing Authority Update - Robert Aude, Chairperson ~ Attachments 4.5 Distinguished Budget Presentation ~ Attachments 5. Approval of Minutes 5.1 Approve the minutes of the April 3, 2008 City Council Meeting as submitted in written summation by the City Clerk. ~ Attachments 6. Citizens to be Heard re Items Not on the Agenda Public Hearings - Not before 6:00 PM 7.Administrative Public Hearings - Presentation of issues by City staff - Statement of case by applicant or representative (5 min.) - Council questions - Comments in support or opposition (3 min. per speaker or 10 min maximum as spokesperson for others that have waived their time) - Council questions - Final rebuttal by applicant or representative (5 min.) - Council disposition 7.1 Approve the Annexation, Initial Land Use Plan Designation of Residential Suburban (RS) and Initial Zoning Atlas Designation of Low Density Residential (LDR) District for 2327 Nursery Road (a portion of Lot 19, Pinellas Groves, Section 19, Township 29 South, Range 16 East); and Pass Ordinances 7937-08, 7938-08 and 7939-08 on first reading. (ANX2008-02002) ~ Attachments 7.2 Approve the Annexation, Initial Land Use Plan Designation of Residential/Office General (RIO G) and Initial Zoning Atlas Designation of Office (0) District for 2235 Nursery Road (a portion of Section 19, Township 29 South, Range 16 East in Metes and Bounds 33/08); and Pass Ordinances 7931-08, 7932-08 and 7933-08 on first reading. (ANX2008-02003) I@l Attachments 7.3 Approve the Annexation, Initial Land Use Plan Designation of Residential Low (RL) and Initial Zoning Atlas Designation of Low Medium Density Residential (LMDR) District for 1662 Bellrose Drive North (Lot 56, Bellrose Park, Section 23, Township 29 South, Range 15 East); and Pass Ordinances 7934-08, 7935-08 and 7936-08 on first reading. (ANX2008-02004) ~ Attachments 7.4 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. ~ Attachments 7.5 Approve amendment to the Community Development Code to further the consistency between the Community Development Code and the Clearwater Comprehensive Plan, and to make other minor editorial changes, and Pass Ordinance 7949-08 on first reading. ~ Attachments 7.6 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. I@l Attachments 7.7 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. I@l Attachments 7.8 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. I@l Attachments 8. Quasi-judicial Public Hearings -Staff states and summarizes reasons for recommendation (2 minutes) - Applicant presents case, including its testimony and exhibits. Witness may be cross-examined (15 minutes) - Staff presents further evidence. May be cross-examined (10 minutes) - Public comment (3 minutes per speaker or 10 minutes maximum as spokesperson for others that have waived their time) - Applicant may call witnesses in rebuttal (5 minutes) - Conclusion by applicant (3 minutes)- Decision 8.1 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 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) I@l Attachments 8.2 Approve the Petition for Future Land Use Plan Amendment from County Residential Urban (RU) to City Residential/Office 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 8.3 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 22/29/15/00000/320/0200 (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 7945-08 and 7946-08 on first reading. (LUZ2006-08006) ~ Attachments 8.4 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) ~ Attachments 9. Second Readings - Public Hearing 9.1 Adopt Ordinance No. 7927-08 on second reading, amending Section 33.059(3), Code of Ordinances, relating to waterways and vessels at City owned public docs. ~ Attachments 9.2 Adopt Ordinance No. 7947-08 on second reading, amending Ordinance No. 7372-05, which vacated a portion of the easterly one-half of the 70-foot right-of-way of Gulfview Boulevard (AKA South Gulfview Boulevard), subject to special conditions; amending the conditions by extending the date for vertical constrnction to March 31, 2010 and requiring demolition and removal of existing strnctures on the project site by October 31,2008. ~ Attachments 9.3 Adopt Ordinance No. 7948-08 on second reading, amending Ordinance No. 7371-05, as amended by Ordinance No. 7598-06, which vacated a portion of the 60-foot right-of-way of First Avenue (AKA First Street per field) subject to special conditions; amending the conditions by extending the date for vertical constrnction to March 31, 2010 and requiring demolition and removal of existing strnctures on the project site by October 31,2008. ~ Attachments 9.4 Continue Second reading of Ordinance 7949-08 to May 1,2008. ~ Attachments City Manager Reports 10. Consent Agenda 10.1 Declare the list of vehicles and equipment surplus to the needs of the City and authorize disposal through sale at the Tampa Machinery Auction, Tampa, Florida, and authorize the appropriate officals to execute same. (consent) I@l Attachments 10.2 Accept funding and approve the corresponding agreement from the Juvenile Welfare Board totaling $116,098 for funding of two middle-school aged summer camp programs and authorize the appropriate officials to execute same. (consent) ~ Attachments 10.3 Approve a Contract (Blanket Purchase Order) for $3,930,000 to McMullen Oil Company, Inc, of Clearwater, FL for the purchase of unleaded and diesel fuel for City Motorized equipment as per Transport award of City of Clearwater RFP 12-05 and authorize the appropriate officials to execute same. (consent) ~ Attachments 10.4 Appoint councilmembers as representatives on Regional and Miscellaneous Boards. ~ Attachments 10.5 Authorize instituting a civil action on behalf of the City against Florida Power Corporation, and Florida Power Corporation d/b/a Progress Energy Florida, Inc., to seek to recover costs and expenses incurred during the constrnction of improvements on Myrtle Avenue. (consent) ~ Attachments 11. Other items on City Manager Reports 11.1 Terminate the PGP Gas Supply Agreement and its obligations previously adopted under Resolution 04-34 and adopt Resolution 08-05. I@l Attachments 11.2 Award Design Build Contract for the Downtown Boatslips project to Misener Marine Constrnction, Inc. in the amount of $10,522,765.05 and authorize the appropriate officials to execute same, and authorize staff to initiate financing of the project, and authorize funding from Central Insurance Fund reserves in the amount of $2,736,097 to advance the $1.5 million to be paid by the CRA over 3 years and the $1,236,097 of grant funds anticipated once the permitting is complete. I@l Attachments 11.3 Fund approximately 50% of the $7.5 million planned debt issuance for Beach Walk from General Fund Reserves. ~ Attachments Miscellaneous Reports and Items 12. City Manager Verbal Reports 12.1 City Manager Verbal Reports ~ Attachments 13. Council Discussion Items 13.1 Work Net Pinellas' Summer Career Institute - Councilmember Cretekos I@l Attachments 14. Other Council Action 14.1 Other Council Action ~ Attachments 15. Adjourn City Council Agenda Council Chambers - City Hall PLEASE NOTE: ITEMS 8.1 THROUGH 8.4 ARE PROPOSED TO BE TAKEN OUT OF ORDER AND HEARD AFTER ITEM 7.5 SUBJECT / RECOMMENDATION: Civitan Awareness Proclamation - Frank Kelly SUMMARY: Meeting Date:4/17/2008 Review Approval: 1) Clerk Cover Memo Item # 1 City Council Agenda Council Chambers - City Hall PLEASE NOTE: ITEMS 8.1 THROUGH 8.4 ARE PROPOSED TO BE TAKEN OUT OF ORDER AND HEARD AFTER ITEM 7.5 SUBJECT / RECOMMENDATION: Proclamation: April 19 is Clearwater Poetry Day. SUMMARY: Meeting Date:4/17/2008 Review Approval: 1) Clerk Cover Memo Item # 2 City Council Agenda Council Chambers - City Hall PLEASE NOTE: ITEMS 8.1 THROUGH 8.4 ARE PROPOSED TO BE TAKEN OUT OF ORDER AND HEARD AFTER ITEM 7.5 SUBJECT / RECOMMENDATION: Salvation Army Non-Profit Presentation - Major Hinson SUMMARY: Meeting Date:4/17/2008 Review Approval: 1) Clerk Cover Memo Item # 3 Iii ~ -L ik ~! I:g.;. ~ fi.. ~ ~'I ~... '" I ~ ~ I~ ~ ~~-~ "I [il ~ fJ: I, -, ,. 'I " City Council Agenda Council Chambers - City Hall PLEASE NOTE: ITEMS 8.1 THROUGH 8.4 ARE PROPOSED TO BE TAKEN OUT OF ORDER AND HEARD AFTER ITEM 7.5 SUBJECT / RECOMMENDATION: Clearwater Housing Authority Update - Robert Aude, Chairperson SUMMARY: Meeting Date:4/17/2008 Review Approval: 1) Clerk Cover Memo Item # 4 ~JL ~ ~\1\~ ~~.~ . I nformation from the National Association of Housing and Redevelopment Officials . www. nahro.org . . . . NAHRO FY 2008 Funding Recommendations I Program ($ in Millions) II 2006 II 2007 2008 I NAHRO I i Enacted Enacted Proposed I Recommendation iPublic Housing Operating Fund II $3,564 II $3,864 I ~,OOO I $5,000aJ i !Public Housing Capital Fund I $2,439 I: $2.439 I $2,024 I ! r Resident Oppty and Supportive I [$38) II [$38) ]1 [$0) II $55 ! i Services (ROSS) i , I! [$2,354] II [$1,967] II II II $0 II II $99 II $-99 II 1~1~11 II [$14,436) II [$14,445) II I [$1,281)CI II [$1,351) II ($48) II [$48) II [$ 149)CI II [$150) Ii $5,976 II $5,813 II $-1,650 ]1 $-1,300 II $3,711 II $3,037el II [$3,710) II [$2,775) elfl II II $0 IL II $0 II II $0 IL /I $1,967 II /I [$1,917) II II (550) II II $300 II II $1,586 II II $0 II II II II $3,500 $75 $310 $600 i Capital Fund Formula Grants Service Coordinators for Public Housing bl ISafety and Security in PH !HOPE VI 'Tenant-Based Rental Assistance (See 8 Vouchers), Total [$2,347) $0 $0 $99 $15.418 $16,622 I I I I Tenant-Protection Vouchers IProject-Based Section 8 [Rescission of Prior-Year Sec. 8 Housing Ass!. Payments Admin Fees FSS Coordinators [$13,949) [$1,238) [$48) [$178] $5,037 $-2,050 $4,178 [$14,900) [$1,500) [$72] [$150]dI Full Funding NA . NA $4,500 $25 $25 $7 I II II II II II II II II II $1,327 II $0 ~I [$3,711) $10 $17 $4 $1,757 [$1,680) [$25] $286 51,441 $0 $10 $17 $4 $1,757 [$1,680) [$25) $286 $2, 000 $300 $1,586 $1,000 91 General note: NAHRO recommendations are for stand-alone programs without set-asides, unless otherwise noted. aJ The Administration's own FY 2008 budget documents acknowledge a total need of $4.986 billion. bl - Public housing service coordinators are currently funded through both the ROSS program and the Operating Fund. for family and senior/disabled coordinators respectively cJ Assumed based on total funding available for Tenant-Based Rental Assistance dl Administration request anticipates additional funding derived from carryover and recapture. NAHRO believes all needs and resources must be fully identified by HUD, but assumes at least $150 million is needed in FY 08. el The President's budget nominally requests $3.037 billion for the CD Fund for FY 2007. However, it offsets this amount by presuming the rescission of $356 million in FY 2007 EDI and other earmarks within CDF. Because there were no such earmarks in FY 2007. these funds will not be available for rescission. The President's FY 2008 net request is just $2.681 billion. ff Within the $2.975 billion nominally requested for CDBG, the admimstration requests a 5200 million set-aside for a .Challenge Grant Fund: A similar proposal was rejected in FY 2007. gl Funds for affordable housing production should be identified outside of federal appropriations if possible. ~ . . ~ NAHRO ........ . ...... .......... $7.5 $7.0 $6.5 .. ~ $6.0 iii .5 $5,5 ~ $5.0 $4.5 President's FY 2008 Budget Continues Public Housing Disinvestment $7.1 $4.0 FY 2001 Enacted FY 2002 Enacted FY 2003 Enacted FY 2004 Enacted FY 2005 Enacted FY 2006 Enacted FY2( Enac1 Total funding includes Public Housing Operating Fund, Capital Fund, Drug Elimination Grants and HOPE VI. F annualized to correct for a one-time shift in the Operating Fund program year. . . ~ NAHRO ...... -. I......... -$1,000 Public Housing Operating Fund Falling Short of Need FY 2000 - FY 2008 Yearly shortfall of actual funding compared with HUD-defined need for Operating Funds. FY 2008 President's budget request, all others enacted, . . ~ NAHRO ....... -, '..... Cumulative Public Housing Operating Deficits Deepe FY 2000 - FY 2008 FY 2000 FY 2001 FY 2002 FY 2003 FY 2004 FY 2005 FY 2006 FY: $0.0 -$0.3 -$0.5 -$1.0 . . c 0-$1.5 .- - - - m C -$2.0 .- M- -$1.3 -$~ -$2.5 -$3.0 -$3.5 Cumulative shortfall of actual funding as compared to HUD-defined Operating Fund need. FY 2008 = President's Budget; all others enacted. . . JIi.~U.'i NAHRO Public Housing Capital Fund Cuts FY 2002 · FY 2008 ..,.,.. CJl JJJ J/J"""""'" 0.0% c o -2.0% .. II 1: e -4.0% Go Go c( -6.0% ~ II ~ -8.0% ... o - ... Q. -10.0% E o ~ -12.0% .. ~ o .. -14.0010 c . ~ -16.0% Q. -18.0% o.c] -5.0% -5.4% FY 2002 Enacted FY 2005 Enacted FY 2006 Enacted FY 2<< Enac FY 2003 Enacted FY 2004 Enacted Note: FY 2007 funding idential to FY 2006 appropriation. '* HOPE VI cut from $570 million to $149 million in FY 2004. . . ~ NAHRO Public Housing Capital Fund Eroding FY 2001 - FY 2008 .......' _ ~r . ......... $3.5 $3.0 $2.5 . c $2.0 ~ iii .5 $1.5 .-. $1.0 $0.5 . $0.0 $3.0 $2.8 FY 2001 Enacted FY 2002 FY 2003 Enacted Enacted FY 2004 FY 2005 Enacted Enacted FY 2006 Enacted FY2t Enac i, . I - ~.. . . ~;, ....~..~::~\~,~ . ~ . . . fi:. .- l :~ ~.. ;~. .~ ,-' .......-:'..' ....:. .Item. # 4 , .: .~:~: .~ ~t ~.{~. ., .~.~~ ' .~ . " ',,", . ~r. "'. :.~.-. - ...... ". ..-.". -------- ---- --- - . -::-i-:- = ~ .'. '. ~ ..{, )-".. '..::.....~... ~~ " .,l~ " > . .~ .~:. . . \. ' .'. Item # 4.; ,.:..,:\'~ . ~,.~~ ~;(~,,~ :~~". :t..f:.~, __ .~. .-.. ....~. '. ...~~ -. . , .~ . ..~ ~':;'.. .... . . ; . l..~ ...~ ;.~~i:Y-:'~~~'~ .'-~~'-- .,.,.-'--.',..1.._. , ..\;;;;.;.. : '., ~ ' '.\~..:'_j;'. ::i'~ . .. /.,t> " . , . ~.."" " .. -.. ." . . . . - - ... .. j .... ..' . .~:;.;, . -/'. - , , - ,:,' ~<,'::~"':~:~.:~;.:::..~:..";<--~:' ~-.> '>-.' '.':'.';- - "..: ,',~':':.:_.:.' .- ::'..,.. . ....~~..:,__,.: .__' , " ",'0.:,;':',- -..... ,:, ," )" Item # 4 l" .. . '. ..... r-- ~ - . _ _._.'" '~" .__ : '.' -. <:: -,' '..,:,-,..:..:'_, :.,.':,._,',.:~~~_~ - ~ ,.:~:'__'_ :..: .:.~.- ~"_"':'.'. -.,.';l~.,..._ '~,'. _",:,'-_:",,~'_',,-,',',',,',"". ';_-...',_. __ '. -,,' -.'_. :..,.,.,.".....;. -;..-. ~'_;,. '~.:' , : "'~ 'c.', '} ;/:i' :::.. ~- :~:" --:.:;;:~ :;';':~..'<,:.: '. .:.,:..., .' - !:~:.: :-!::, . <.. '. .- >:i. . - ,_ .-:'~'. - ~ "". ~ - . , ,; City Council Agenda Council Chambers - City Hall PLEASE NOTE: ITEMS 8.1 THROUGH 8.4 ARE PROPOSED TO BE TAKEN OUT OF ORDER AND HEARD AFTER ITEM 7.5 SUBJECT / RECOMMENDATION: Distinguished Budget Presentation SUMMARY: Meeting Date:4/17/2008 Review Approval: 1) Clerk Cover Memo Item # 5 City Council Agenda Council Chambers - City Hall PLEASE NOTE: ITEMS 8.1 THROUGH 8.4 ARE PROPOSED TO BE TAKEN OUT OF ORDER AND HEARD AFTER ITEM 7.5 Meeting Date:4/17/2008 SUBJECT / RECOMMENDATION: Approve the minutes of the April 3, 2008 City Council Meeting as submitted in written summation by the City Clerk. SUMMARY: Review Approval: 1) Clerk Cover Memo Item # 6 Attachment number 1 Page 1 of 10 CITY COUNCIL MEETING MINUTES CITY OF CLEARWATER April 3, 2008 Unapproved Present: Frank Hibbard John Doran Carlen Petersen George N, Cretekos Paul Gibson Also present: William B, Horne II Jill S, Silverboard Rod Irwin Pamela K, Akin Cynthia E, Goudeau Brenda Moses Mayor Vice-Mayor Councilmemb Councilme Council City Ma Assistant Assistant CI City Attorne City Clerk Board Report r The Mayor called the meeting to order at 6:00 offered by Father James Rousakis from the Greek Mayor led the Pledge of Allegiance, To provide continuity for research, i necessarily discussed in that order. 4. Presentations 4,1 Executive Director Bay Estuary Program provided a gram is to protect and restore Tampa Bay, ing, onservation Month 5. 2008 Cit Council Meetin as submitted in written Councilmember Cretekos requested sentence two of the second full paragraph on page five be amended to read: "The Mayor said he and the other Councilmembers had spoken in generalities to people regarding this item but they did not participate in any ex-parte conversations," Council 2008-04-03 1tem # 6 Attachment number 1 Page 2 of 10 Councilmember Petersen moved to approve the minutes of the March 20, 2008, City Council Meeting as corrected, The motion was duly seconded and carried unanimously, 6. Citizens to be Heard re Items Not on the Agenda Nicholas Fritsch said a beach parking garage should not b compelling reason for it at this time, John Wiser said the S1. Pete Times does not cover e complained regarding Internet problems at Countryside Libr Steve Osberq expressed concern regarding signage for Mike Reardon said meetings are needed with Downtow businesses need to extend an olive branch to each other. 7. Administrative Public Hearings Councilmember Cretekos duly seconded and carried un 8. nted for second reading and read by title only, s and adopt Ordinance 7915-08 on second and final ed and upon roll call, the vote was: en, Cretekos, Gibson, and Hibbard, Ordinance 7916-08 was presented for second reading and read by title only, Councilmember Petersen moved to pass and adopt Ordinance 7916-08 on second and final reading, The motion was duly seconded and upon roll call, the vote was: Council 2008-04-03 :Item # 6 Attachment number 1 Page 3 of 10 "Ayes": Doran, Petersen, Cretekos, Gibson, and Hibbard, "Nays": None, City Manager Reports 9. Consent Agenda - Approved as submitted. LLC and the Cit te a civil action on behalf of the Cit and the Communit inst Bruce Balk The Balk Com an Inc, and rce the contract between Mediterranean Villa e LLC and the Counc appropriate officI unanimously, an moved to approve the Consent Agenda as submitted and that the thorized to execute same, The motion was duly seconded and carried 10. Other items on City Manager Reports Council 2008-04-03 3tem # 6 Attachment number 1 Page 4 of 10 10,1 Approve Recreation Greenwavs Trails Proqram (RGTP) proiect qrant aqreement for Kapok Spur Trail Proiect, in the amount of $40,000, between the State of Florida Department of Environmental Protection and the City of Clearwater and authorize the appropriate officials to execute same, The City has been awarded a matching RGTP grant of $40,000 t construction of the Kapok Spur Trail. This trail begins at the west sid travels west through Cliff Stephens Park and concludes at the lot Park, This trail was to be part of the original Kapok Park proj funds w complete it. The trail will be designed in a manner similar to the eXI wide asphalt with 6-inch header curbs and will be constructed in bicyclists, joggers, rollerbladers and walkers, Other elements of improved access, benches, water fountains and signage, The trail has been designed and will go out to bid projected award date of June, 2008, Funding for the grant of $40,000 and $110,000 available in the Re operating impacts are needed to support this pr Councilmember Gibson reported he h suggested the five-year plan be reviewed duri Councilmember Doran mov (RGTP) project grant agreement f between the State of Florida D and authorize the appropriat carried unanimously, rogram t of $40,000, the City of Clearwater duly seconded and ide 80% reimbursable funding to construct a new 9,600 learwater Airpark, This will generate approximately ntal revenue, TheA loan dun is complete pool rate (FY $30,000, ost $506,788, The FDOT will reimburse the City $405,431, ,357 from the Central Insurance Fund and will pay back the with the first partial year being interest only (until construction gins generating additional revenues), Interest will be at the cash proximately 5%), The maximum annual debt cost is expected to be Councilmember Cretekos moved to authorize the execution of a Joint Participation Agreement (JPA) between the City of Clearwater and the State of Florida Department of Transportation (FDOT) to construct a new multi-plane hangar at the Clearwater Airpark and authorize an interfund loan from the Central Insurance Fund to the Airpark in the amount of Council 2008-04-03 4tem # 6 Attachment number 1 Page 5 of 10 $101,357 to be paid back over 5 years at the cash pool earnings rate, The motion was duly seconded and carried unanimously, Resolution 08-03 was presented and ready by title only, Councilmember Gibson moved to pass and adopt Resolution 08-03 and authorize the appropriate official The motion was duly seconded and upon roll call, the vote was: "Ayes": Doran, Petersen, Cretekos, Gibson, an "Nays": None, The owners of the Island Way. a Bill of Sale, to the City all owners use only, on a first-come, first-se and are not to be used for bait docking has become a probl donated, via s are for public on-commercial use unately, overnight rder to be enforced, etween the City Residences at Sandpearl 'ning the permitted usage period of the public boat Slips during the period each night between or as authorized by the City Harbor Master, rdinances in order to ensure boaters do not ed by the Harbor Master, who is also nuating circumstance, d to approve the amendment to Chapter 33, Section to define the length of stay for vessels at City owned conded and carried unanimously, sented for first reading and read by title only, pass Ordinance 7927-08 on first reading, The motion was duly e vote was: ran, Petersen, Cretekos, Gibson, and Hibbard, "Nays": None, 10.4 Appoint one member to the Municipal Code Enforcement Board to fill the remainder of the term expirinq on October 31. 2008, Council 2008-04-03 !Item # 6 Attachment number 1 Page 6 of 10 Councilmember Doran moved to appoint James Goins to the Municipal Code Enforcement Board to fill the remainder of the term expiring on October 31, 2008, The motion was duly seconded and carried unanimously, 10,5 A rove the Nei hborhood Bill of Ri hts and ado During a Council Discussion Item on February 19, 200 the City Council consider adopting a Neighborhood Bill of Ri Clearwater neighborhoods can have for participating in vario Communities throughout Florida are adopting Neighborhood expectations for public participation in local government decis respect to land use and planning matters, Having reviewed exa Hillsborough Counties and the Cities of Jacksonville and 81. Au Resolution for City Council's consideration of a Neighborhood The Resolution establishing a Neighborhood Bill of opportunities for advance notification and engageme issues that may most directly affect quality of life i Resolution is a formal statement of policy, the N be distributed to the community via MyClearw expectations and opportunities for participatio moving forward with the Neighborhood Bill of Councilmember Cretekos motion was duly seconded and ca ember Gibson moved ials to execute same, os, Gibson, and Hibbard, lanned debt issuance for Beach Walk from gy this year includes the possibility of funding a portion of d to be funded with a 20-year bond issue with reserves ortion of this debt from reserves would eliminate part of the the General fund in the below approximate amounts: Debt Reduction 100% 75% 50% 25% 0% $630,000 $475,000 $315,000 $155,000 Council 2008-04-03 6tem # 6 Attachment number 1 Page 7 of 10 Funding approximately 50% of the debt from reserves instead of issuing bonds this would eliminate the $315,000 debt service payment each year from the General Fund, The debt payments were budgeted in FY08, therefore, the elimination of this debt payment would help with balancing the deficit that results from Amendment 1 and the overall downturn in the economy, The General Fund reserves, which at first quarter had apR total general fund reserves, or 20,5% of the current year's Gen reserves of $14,8 million, The Central Insurance Fund has a reserves, The municipal tax-exempt bond market is in a deep cn costs are 3 times what they are normally, For a 20-year bond is be around 5,15%, This is about 1,00% higher than the rates we are much more cost-effective right now, with an all-inclusive co 20-year bank loan, The cuts by the Federal Reserve have not re uced bond rates, as most people assume, The municipal tax-e t market cn insurer's insurance of pools of sub-prime mortgages, caused thei financial insolvency, and eroded the confidence of mpt investo At the same time, the earning rate on 0 and falling, Our overnight rate is from 2,25% are yielding from 2.44% to 5% depending on factors, particularly combined with th no need for conservative fiscal manag ore n Boat Slips in the to fund the Boat Slip strategy for funding ment will reflect the above another note, the State audit of the City's nges are needed and no additional taxes e, ow to fund the other 50% needed for Beach Walk, Ms, with financial advisors to determine the City's funding owntown boat slips, Additional information will be n, oved to continue Item 10,6 to April 17, 2008, The motion nanimously, Miscellaneous Reports and Items 11. 11,1 Pass Ordinance 7947-08 on first readinq, amendinq Ordinance 7372-05, which vacated a portion of the easterlv one half of the 70-foot riqht-of-wav of Gulfview Boulevard (aka South Council 2008-04-03 ltem # 6 Attachment number 1 Page 8 of 10 Gulfview Boulevard per field), subiect to special conditions, extendinq the required date for commencement of vertical construction, In Ordinance 7372-05, the City of Clearwater vacated the right-of-way depicted in Exhibit A and Exhibit B attached hereto, subject to certain conditions, which con 'tions have not been met. K and P Clearwater Estate, LLC, the "Developer," is re the conditions of the vacation to extend the date by which th commence vertical construction from March 3, 2008 to Marc City Attorney Pam Akin said based on Council discuss Monday, regarding this item and Item 11,2, she added a provisio demolish the structures on the project site by October 31, 2008, Katie Cole, representative, introduced the dev have agreed to demolish the structures as reque abatement also will be necessary on the site, Erick Fordin of The Related G brief history of the company's bac , He gave a sign team is world y, He said he hopes to schedule time with Council Fordin has expressed interest in becoming to amend Ordinance 7372-05, which vacated a portion of t-of-way of Gulfview Boulevard (aka South Gulfview conditions, extending the required date for n, The motion was duly seconded and carried resented for first reading and read by title only, ed to pass Ordinance 7927-08 on first reading, The motion was I call, the vote was: , Doran, Petersen, Cretekos, Gibson, and Hibbard, "Nays": None, Council 2008-04-03 6tem # 6 Attachment number 1 Page 9 of 10 11,2 Pass Ordinance 7948-08 on first readinq, amendinq Ordinance 7371-05 as amended by Ordinance 7598-06, which vacated a portion of the 60-foot riqht-of-way of First Avenue (aka First Street per field), subiect to special conditions, to amend the special conditions by extendinq the required date for commencement of vertical construction, In Ordinance 7371-05, the City of Clearwater vacated the right-of A attached hereto, subject to certain conditions, Ordinance 7371- wa Ordinance 7598-06 to extend the date for commencement of v ons 2008, K and P Clearwater Estate, LLC, the "Developer," req at the d vertical construction be extended from March 3, 2008 to Mar 2010, Councilmember Gibson moved to amend Ordinance 7 7598-06, which vacated a portion of the 60-foot right-of-way of field), subject to special conditions, to amend the special conditi date for commencement of vertical construction, The motion unanimously, Ordinance 7948-08 was presented for first re Councilmember Petersen moved to pass Ordinan duly seconded and upon roll call, the vote was: "Ayes": Doran, Petersen, Crete "Nays": None, 12. 13. Other Council Actio vehicles at City Hall due to the adjacent Opus t Opus has not taken adequate precautions to d that there is no City ordinance to address alleviate overspray problems, the cost of red light cameras and whether or not the length tj, Tra ager Paul Bertels said an article regarding the city of Dallas was incorrect, as a any pays for maintenance and installation of red light cameras in that city, He said re era shells can be left in place and the interior mechanisms moved to other locations, He Id the FDOT (Florida Department of Transportation) has guidelines regarding suggested lengths of amber lights based on speed limits, approaches, and ITE calculations, He said every additional second added for an amber light detracts from the length of a green light. Council 2008-04-03 9tem # 6 Attachment number 1 Page 10 of 10 Consensus was to continue to watch state legislation regarding this issue, 13,3 Nehemiah Meetinq - Mavor Hibbard The Mayor reported that the last FAST meeting focused on variou affordable housing to drugs and crime, He said that Nehemiah presente affordable housing that the City cannot meet. It was remarked th he or "no" vote, The Mayor stated at their next meeting, he will vo ga affordable housing and explain why, topics from elines regarding qu d a "yes" on The City Manager reported that when Police Chief Si the Nehemiah meeting, he offered to work with them on crime declined to participate in meetings, the Nehemiah group walked The Mayor briefed all on Legislative Action Day, Councilmembers reported on events in which the upcoming events; thanked Advisory Board members Calio of Sand Key Civic Association for his years Councilmember Cretekos thanked all f Vice-Mayor Doran said a donor re Car dollar donations to Willa Carson Res Ce Councilmember Petersen receiving 2nd place CAN Awar has phenomenal park syste ices Dept. for impact on City; City tour nonprofits - ,a Hooper trying to get Willa ollars; wished Sarah Johnson, J, B, Johnson's wife, avy League re getting Coast Guard designation, Mayor City of Clearwater City Clerk Council 2008-04-03 10tem # 6 City Council Agenda Council Chambers - City Hall PLEASE NOTE: ITEMS 8.1 THROUGH 8.4 ARE PROPOSED TO BE TAKEN OUT OF ORDER AND HEARD AFTER ITEM 7.5 Meeting Date:4/17/2008 SUBJECT / RECOMMENDATION: Approve the Annexation, Initial Land Use Plan Designation of Residential Suburban (RS) and Initial Zoning Atlas Designation of Low Density Residential (LDR) District for 2327 Nursery Road (a portion of Lot 19, Pinellas Groves, Section 19, Township 29 South, Range 16 East); and Pass Ordinances 7937-08, 7938-08 and 7939-08 on first reading. (ANX2008-02002) SUMMARY: This voluntary annexation petition involves a 0.446-acre property consisting of one vacant parcel of land. It is located on the south side of Nursery Road approximately 250 feet east of Winchester Road. The applicant is requesting this annexation in order to receive solid waste and sanitary sewer service from the City. The property is contiguous to existing City boundaries to the north, south and east. It is proposed that the property be assigned a Future Land Use Plan designation of Residential Suburban (RS) and a zoning category of Low Density Residential (LDR). The need for sanitary sewer service was prompted by the applicant's proposal to construct a 3,057 square foot single-family home. Due to timing issues, the applicant would like to construct the single-family home while located in the County; therefore the Planning Department has worked with the applicant and Pinellas County to ensure that the site plan approved by the County complies with the provisions of the Clearwater Community Development Code. Due to the nature of the construction, Pinellas County will require the applicant to connect into the City's sanitary sewer system prior to the issuance of a Certificate of Occupancy (CO). To ensure consistency in the application of Building Code inspections and to prevent any construction liability issues, the project will be built in its entirety under Pinellas County jurisdiction. For that reason, second reading of the annexation cannot occur until after the County issues a CO, which is anticipated to be near the end of the year. The Planning Department will schedule second and final reading after the applicant obtains the CO. The Planning Department determined that the proposed annexation is consistent with the provisions of Community Development Code Section 4-604.E as follows: . The closest sanitary sewer line is located in the adjacent Nursery Road right-of-way and the applicant is aware of the requirement to pay the City's sewer impact and assessment fee and is aware of the additional costs to extend City sewer service to the property. Collection of solid waste will be provided by the City of Clearwater. The property is located within Police District III and service will be administered through the district headquarters located at 2851 North McMullen Booth Road. Fire and emergency medical services will be provided to this property by Station 47 located at 1460 Lakeview Road. The City has adequate capacity to serve this property with solid waste, police, fire and EMS service. The proposed annexation will not have an adverse effect on public facilities and their levels of service; . The proposed annexation is consistent with and promotes the following objective of the Clearwater Comprehensive Plan: Cover Memo Objective 2.4: Compact urban development within the urban service area shall be promoted through application Oft~ff,c1flywater Community Development Code; . The proposed Residential Suburban (RS) Future Land Use Plan category is consistent with the current Countywide Plan designation of this property. This designation primarily permits single-family homes with a density of 2.5 dwelling units per acre. The proposed zoning district to be assigned to the property is the Low Density Residential (LDR) District. The use of the subject property is consistent with the uses allowed in the District and the property exceeds the District's minimum dimensional requirements. The proposed annexation is therefore consistent with the Countywide Plan, City's Comprehensive Plan and Community Development Code; and . The property proposed for annexation is contiguous to existing City boundaries to the north, south and east; therefore the annexation is consistent with Florida Statutes Chapter 171.044. Review Approval: 1) Clerk Cover Memo Item # 7 Attachment number 1 Page 1 of 7 .1 [1 f l ~-~.~~ .', ~'.-.l:o:o~:~ t._:::.; . .~~~:: .:.:.:.Y.~~.t ;:.:: ::".; : ~.:~ ~~ ~.~ ;..:::.~:.~ ::.."::. :; ~.;.::~: i. ~t: ;..~ :~ :.~ I .:::.........:................::::.1 :':::.::.:./::.~:~PR{.(PL! ::: :',:.:::-:::::::',.::'.:::;.:.::'i :'.". 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Location Map Owner James R, & Cheryl J, Mulich Case: ANX2008-02002 Site: 2327 Nursery Road Property 0.446 Size (Acres): Land Use Zoning PIN: 19-29-16-70272-300-1902 From: RS (County) R-3 (County) To: RS (City) LDR (City) Atlas Page: 317A S:\Planning Department\C D B\Annexations\ANX - 2008\ANX2008-02002 - 2327 Nursery Road - Mulich\Maps\Location Ma~teEll # 7 Attachment number 1 Page 2 of 7 Aerial Photograph Owner James R, & Cheryl J, Mulich Site: 2327 Nursery Road Land Use Zoning From: RS (County) R-3 (County) To: RS (City) LDR (City) Case: Property Size (Acres): ANX2008-02002 0.446 PIN: 19-29-16-70272-300-1902 Atlas Page: 317A S:\Planning Department\C D B\Annexations\ANX - 2008\ANX2008-02002 - 2327 Nursery Road - Mulich\Maps\Aerial PhotogrJ~eJ!tib # 7 Owner James R, & Cheryl J, Mulich Site: 2327 Nursery Road Land Use Zoning From: RS (County) R-3 (County) To: RS (City) LDR (City) .... . . .. :-::~:i:'::: .:..};O:"::, ,:IZ:-::i. .:.Q:::.:.. ,.:0"::" ....:4;"::....:. .:.:u:c:':. ;:::i,:;r\:. ... .. :~q~..:... 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"40 ~ ::.\:ti-i::.::..::::'.::....:'..:.:...~,o;!:a.g~~:.:.;.: 7 I k 'i-i:.::..:~gl,~~~ \ :'. ;::.:.:.:.~::\i:.:t;'>1:\ E..... .:'a':::::m::: ':":1":1' .y:::.:: I --+-1 1545 i':::.:. ::':F'::::a:" m::":':-":'Jfl. tT <.0 ...... 0'~' .. ~ ~ . ... .~f ~ ti,'i:::~::~;~i,I~~~~~i'tial" ,~' \ ~~,:)~~~~ ntl " I ~~ ' .":i,;:ii!i,~,j':f;~,,.:::,i:~:i':i';ii,,:,.:.::,~:~.:~1~~,,;"i,~:,~,:'i~~ ;':i::.:-,'i[ ii:-:-i;.;Ji:!.:.:u:'(~~:.::t-1i.?:.:Z:~~.'({ii:-:-i.. ;:i'.:.~.:.::;:~':i::.:-.'(: :..:::.:::.~.rr}~~:.?t:::;:':::.:::..;.',.,.'(:::.:.;..:.;:;':':'.':::;:'.i::..:'(:.':/:': Attachment number 1 Page 6 of 7 1468 ( <<J-~- , \ 8 1475 557 566 ~ MJ.KT I.'.~. ~ ~ 144G~ 547 CIJ I- 144 a:: ~ ~ Iil CI) 0= a:: 1433 143~ Cl 1437 o .."J a:: I 1481 1444 <::( 1445 U~ B U _ 9 ~ I I J / 1450:Z: 1451 I N I f I 1487 555 ~ 569 548 2 ~ "II ~le Fa~1 ~e~lident al L r-- J 11 1493 }:56 1492 554 1498 ~ 1 1499 12 553 567 co ~ 1450 552 551 80 Existing Surrounding Uses Map Case Property Size (Acres) ANX2008-02002 0.446 Owner James R & Cheryl J Mulich Site 2327 Nursery Road Land Use Zoning From RS (County) R-3 (County) To RS (City) LDR (City) PIN 19-29-16-70272-300-1902 Atlas Page 317A S:\Planning Department\C D B\Annexations\ANX - 2008\ANX2008-02002 - 2327 Nursery Road - Mulich\Maps\Existing Surrounding Uses Map.doc Item # 7 View looking south at the subject property, 2327 Nursery Road View looking west of 2327 Nursery Road along Nursery Road View looking northwest of 2327 Nursery Road Attachment number 1 Page 7 of 7 View looking west at the subject property, 2327 Nursery Road View looking east of 2327 Nursery Road along Nursery Road View looking south of 2327 Nursery Road ANX2008-02002 Mulich, James & Cheryl 2327 Nursery Road Item # 7 Attachment number 2 Page 1 of 1 ORDINANCE NO. 7937-08 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTY LOCATED ON THE SOUTH SIDE OF NURSERY ROAD APPROXIMATELY 250 FEET EAST OF WINCHESTER ROAD, CONSISTING OF A PORTION OF LOT 19 IN SECTION 19, TOWNSHIP 29 SOUTH, RANGE 16 EAST, PINELLAS GROVES, WHOSE POST OFFICE ADDRESS IS 2327 NURSERY 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, FLORIDA: 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 attached legal description (ANX2008-02002) 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 # 7 Ordinance No. 7937-08 Attachment number 3 Page 1 of 1 ORDINANCE NO. 7938-08 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 SOUTH SIDE OF NURSERY ROAD APPROXIMATELY 250 FEET EAST OF WINCHESTER ROAD, CONSISTING OF A PORTION OF LOT 19 IN SECTION 19, TOWNSHIP 29 SOUTH, RANGE 16 EAST, PINELLAS GROVES, WHOSE POST OFFICE ADDRESS IS 2327 NURSERY ROAD, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS RESIDENTIAL SUBURBAN (RS) PROVIDING AN EFFECTIVE DATE. WHEREAS, the amendment to the future land use plan element of the comprehensive plan of the City as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's comprehensive plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The future land use plan element of the comprehensive plan of the City of Clearwater is amended by designating the land use category for the hereinafter described property, upon annexation into the City of Clearwater, as follows: Property See attached legal description (ANX2008-02002) Land Use Cateqory Residential Suburban (RS) Section 2. The City Council does hereby certify that this ordinance is consistent with the City's comprehensive plan. Section 3. This ordinance shall take effect immediately upon adoption, contingent upon and subject to the adoption of Ordinance No. 7937-08. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Frank V. Hibbard Mayor Approved as to form: Attest: Leslie K. Dougall-Sides Assistant City Attorney Cynthia E. Goudeau City Clerk Item # 7 Ordinance No. 7938-08 Attachment number 4 Page 1 of 1 ORDINANCE NO. 7939-08 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 NURSERY ROAD APPROXIMATELY 250 FEET EAST OF WINCHESTER ROAD, CONSISTING OF A PORTION OF LOT 19 IN SECTION 19, TOWNSHIP 29 SOUTH, RANGE 16 EAST, PINELLAS GROVES, WHOSE POST OFFICE ADDRESS IS 2327 NURSERY ROAD, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS LOW DENSITY RESIDENTIAL (LDR); 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 attached legal description (ANX2008-02002) Zoninq District Low Density Residential (LDR) Section 2. The City Engineer is directed to revise the zoning atlas of the City in accordance with the foregoing amendment. Section 3. This ordinance shall take effect immediately upon adoption, contingent upon and subject to the adoption of Ordinance No. 7937-08. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Frank V. Hibbard Mayor Approved as to form: Attest: Leslie K. Dougall-Sides Assistant City Attorney Cynthia E. Goudeau City Clerk Item # 7 Ordinance No. 7939-08 City Council Agenda Council Chambers - City Hall PLEASE NOTE: ITEMS 8.1 THROUGH 8.4 ARE PROPOSED TO BE TAKEN OUT OF ORDER AND HEARD AFTER ITEM 7.5 Meeting Date:4/17/2008 SUBJECT 1 RECOMMENDATION: Approve the Annexation, Initial Land Use Plan Designation of Residential/Office General (R/OG) and Initial Zoning Atlas Designation of Office (0) District for 2235 Nursery Road (a portion of Section 19, Township 29 South, Range 16 East in Metes and Bounds 33/08); and Pass Ordinances 7931-08, 7932-08 and 7933-08 on first reading. (ANX2008-02003) SUMMARY: This voluntary annexation petition involves two adjacent parcels totaling 0.59 acres ofland. The northern parcel (19-29-16-00000- 330-0810) is a strip ofland that provides access to the southern parcel (19-29-16-00000-330-0800), which is occupied by an office use. Both parcels are approximately 450 feet east of South Belcher Road along Nursery Road. The applicants are requesting this annexation in order to receive solid waste and sanitary sewer service from the City. The property is contiguous to existing City boundaries to the north and east. It is proposed that the property be assigned a Future Land Use Plan designation of Residential/Office General (R/OG) and a zoning category of Office (0). The Planning Department determined that the proposed annexation is consistent with the provisions of Community Development Code Section 4-604.E: . The closest sanitary sewer line is located in the Nursery Road right -of-way and the applicant is aware of the requirement to pay the City's sewer impact and assessment fee and is aware of the additional costs to extend City sewer service to the property. Collection of solid waste will be provided by the City of Clearwater. The property is located within Police District III and service will be administered through Police Headquarters located at 2851 North McMullen Booth Road. Fire and emergency medical services will be provided to this property by Station 49 located at 565 Sky Harbor Drive. 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; . The proposed annexation is consistent with and promotes the following objective of the Clearwater Comprehensive Plan: Objective 2.4: Compact urban development within the urban service area shall be promoted through application of the Clearwater Community Development Code. . The proposed Residential/Office General (R/OG) Future Land Use Plan category is consistent with the current Countywide Plan designation of this property. This designation primarily permits office uses with a Floor Area Ratio of 0.50. The proposed zoning district to be assigned to the property is the Office (0) District. The use of the subject proeertJ ~ consistent with the uses allowed in the District and the property exceeds the District's minimum dimensiona~v emo requirements. The proposed annexation is therefore consistent with the Countywide Plan, City's Compreh9MWf#I~ and Community Development Code; and . The property proposed for annexation is contiguous to existing City boundaries to the north and east; therefore the annexation is consistent with Florida Statutes Chapter 171.044. Review Approval: 1) Clerk Cover Memo Item # 8 Attachment number 1 Page 1 of 7 DR ~/).., < ~ 9...., ....,;;;'" ~ .~. <(' c ~ ~ ~ EElY::TL.K?:T~,SP FL q F.?:'! ~",... ."'....... ',,\) )",\'jyqN' J{'\;..t J.... .rJR. .... .,1 r:!;!'li:~;~~~~~~~:I:~:!;:i~'t~;1 . . "". ruxiA.lltM;2 . . ~ . .. .... .. . .. .....'...............~. ...... ............-..{""".. ~--. . -........._..IiI. 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DR RD CR-474 o 0::: ,.' ~ I:::::;i"il:] ~ ",............,r:.::.:.;.:::'~ PROJECT SITE {~:l:,L~ijS(iJ Location Map Owner Seshaiah & Mamata Ponnaganti & Lee Reed Case: ANX2008-02003 Site: 2235 Nursery Road Property Size 0,59 (Acres): Land Use Zoning 19-29-16-00000-330-0800 PIN: and From: R/OG (County) P-1 (County) 19-29-16-00000-330-0810 To: R/OG (City) o (City) Atlas Page: 317A S:\Planning Department\C D B\Annexations\ANX - 2008\ANX2008-02003 - 2235 Nursery Road - Ponnaganti\Maps\Location Ml~ # 8 Attachment number 1 Page 2 of 7 Aerial Photograph Owner Seshaiah & Mamata Ponnaganti & Reed Lee Case: ANX2008-02003 Site: 2235 Nursery Road Property 0,59 Size (Acres): Land Use Zoning 19-29-16-00000-330-0800 PIN: and From: R/OG (County) P-1 (County) 19-29-16-00000-330-0810 To: R/OG (City) o (City) Atlas Page: 317A S:\Planning Department\C D B\Annexations\ANX - 2008\ANX2008-02003 - 2235 Nursery Road - Ponnaganti\Maps\Aerial Photograph.doc Item # 8 [) 1453 1455 1463 1465 1467 1469 1471 1475 1477 1481 ;.-..::::::.:.-:.:'.';':.....;:<;....::,::;':.-:.:.... :'.' .,., .. .... ~ ."... . ... .. .... ~ .".. .... . ....,...,..;...~....,....,...,............. i:::.ii.Ld~~.~::i:::/:Uji::.t';, i:-::.:': ". . ... . . . .... 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Existing Surrounding Uses Map Attachment number 1 Page 6 of 7 \ ..:&. / 3 Me ,,5 ( ~ ~ c '-'1 - " 1480,'2 '2 '4 ~ ~ 1- 148l 60 -- 148 ...: :z: .."J CI) ::( - <::( o >- a:: I- :z: ::> 1493 o U 60 0.........-.. iil NURSERY RD 11l 1492 I ~ I L ;2J Owner Seshaiah & Mamata Ponnaganti & Lee Reed Case: ANX2008-02003 Site: 2235 Nursery Road Property 0,59 Size (Acres): Land Use Zoning 19-29-16-00000-330-0800 PIN: and From R/OG (County) P-1 (County) 19-29-16-00000-330-0810 To: R/OG (City) o (City) Atlas Page: 317A S:\Planning Department\C D B\Annexations\ANX - 2008\ANX2008-02003 - 2235 Nursery Road - Ponnaganti\Maps\ExistinlS Surrounding Uses Map.doc Item # 8 View looking southeast at the subject property, 2235 Nursery Road View looking north from the subject property, 2235 Nursery Road View looking east from the subject property, 2235 Nursery Road Attachment number 1 View looking north at the subject property, 2235 Nursery Road View looking west from the subject property, 2235 Nursery Road View looking west along Nursery Road ANX2008-02003 Ponnaganti, Seshaiah & Mamata 2235 Nursery Road Item # 8 Attachment number 2 Page 1 of 1 ORDINANCE NO. 7931-08 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTY LOCATED APPROXIMATELY 450 FEET EAST OF SOUTH BELCHER ROAD AND APPROXIMATELY 100 FEET SOUTH OF NURSERY ROAD, CONSISTING OF A PORTION OF SECTION 19-29-16 IN METES AND BOUNDS 33/08, WHOSE POST OFFICE ADDRESS IS 2235 NURSERY 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 attached legal description. (ANX2008-02003) 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 # 8 Ordinance No. 7931-08 Attachment number 3 Page 1 of 1 ORDINANCE NO. 7932-08 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 APPROXIMATELY 450 FEET EAST OF SOUTH BELCHER ROAD AND APPROXIMATELY 100 FEET SOUTH OF NURSERY ROAD, CONSISTING OF A PORTION OF SECTION 19-29- 16 IN METES AND BOUNDS 33/08, WHOSE POST OFFICE ADDRESS IS 2235 NURSERY ROAD, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS RESIDENTIAL/OFFICE GENERAL (RlOG); PROVIDING AN EFFECTIVE DATE. WHEREAS, the amendment to the future land use plan element of the comprehensive plan of the City as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's comprehensive plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The future land use plan element of the comprehensive plan of the City of Clearwater is amended by designating the land use category for the hereinafter described property, upon annexation into the City of Clearwater, as follows: Property See attached legal description (ANX2008-02003) Land Use Cateqorv Residential/Office General (RlOG) Section 2. The City Council does hereby certify that this ordinance is consistent with the City's comprehensive plan. Section 3. This ordinance shall take effect immediately upon adoption, contingent upon and subject to the adoption of Ordinance No. 7831-08. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Frank V. Hibbard Mayor Approved as to form: Attest: Leslie K. Dougall-Sides Assistant City Attorney Cynthia E. Goudeau City Clerk Item # 8 Ordinance No. 7932-08 Attachment number 4 Page 1 of 1 ORDINANCE NO. 7933-08 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY ZONING CERTAIN REAL PROPERTY LOCATED APPROXIMATELY 450 FEET EAST OF SOUTH BELCHER ROAD AND APPROXIMATELY 100 FEET SOUTH OF NURSERY ROAD, CONSISTING OF A PORTION OF SECTION 19-29-16 IN METES AND BOUNDS 33/08, WHOSE POST OFFICE ADDRESS IS 2235 NURSERY ROAD, UPON ANNEXATION INTO THE CITY OF CLEARWATER, 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, 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 attached legal description. (ANX2008-02003) 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, contingent upon and subject to the adoption of Ordinance No. 7931-08. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Frank V. Hibbard Mayor Approved as to form: Attest: Leslie K. Dougall-Sides Assistant City Attorney Cynthia E. Goudeau City Clerk Item # 8 Ordinance No. 7933-08 City Council Agenda Council Chambers - City Hall PLEASE NOTE: ITEMS 8.1 THROUGH 8.4 ARE PROPOSED TO BE TAKEN OUT OF ORDER AND HEARD AFTER ITEM 7.5 Meeting Date:4/17/2008 SUBJECT 1 RECOMMENDATION: Approve the Annexation, Initial Land Use Plan Designation of Residential Low (RL) and Initial Zoning Atlas Designation of Low Medium Density Residential (LMDR) District for 1662 Bellrose Drive North (Lot 56, Bellrose Park, Section 23, Township 29 South, Range 15 East); and Pass Ordinances 7934-08, 7935-08 and 7936-08 on first reading. (ANX2008-02004) SUMMARY: This voluntary annexation petition involves a 0.19-acre property consisting of one parcel of land occupied by a single-family dwelling. It is located on the north side of Bellrose Drive North approximately 720 feet east of Lake Road. The applicant is requesting this annexation in order to receive solid waste service from the City. The Planning Department is requesting that the O.l-acre of abutting Bellrose Drive North right-of-way not currently within the City limits also be annexed. The property is contiguous to existing City boundaries to the north and east. It is proposed that the property be assigned a Future Land Use Plan designation of Residential Low (RL) and a zoning category of Low Medium Density Residential (LMDR). The Planning Department determined that the proposed annexation is consistent with the provisions of Community Development Code Section 4-604.E: . The applicant has paid all of the City's sewer impact and assessment fees and the City is currently providing service. Collection of solid waste will be provided by the City of Clearwater. The property is located within Police District III and service will be administered through Police Headquarters located at 2851 North McMullen Booth Road. Fire and emergency medical services will be provided to this property by Station 47 located at 1460 Lakeview Road. 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; . The proposed annexation is consistent with and promotes the following objective of the Clearwater Comprehensive Plan: Objective 2.4: Compact urban development within the urban service area shall be promoted through application of the Clearwater Community Development Code; . The proposed RL Future Land Use Plan category is consistent with the current Countywide Plan designation of this property. This designation primarily permits residential uses at a density of 5 units per acre. The proposed zoning district to be assigned to the property is the LMDR District. The use of the subject property is consistent with the uses allowed in the District and the property exceeds the District's minimum dimensional requirements. The proposed annexation is therefore consistent with the Countywide Plan, City's Comprehensive Plan and Community Development Code; and Cover Memo Item # 9 . The property proposed for annexation is contiguous to existing City boundaries to the north and east; therefore the annexation is consistent with Florida Statutes Chapter 171.044. Review Approval: 1) Clerk Cover Memo Item # 9 Attachment number 1 Page 1 of 7 Location Map Owner James luppa Case: ANX2008-02004 Property Size (Acres). 0.19 Site: 1662 Bellrose Drive North Size R-Q-W (Acres). 10 Land Use Zoning PIN: 23-29-15-07848-000-0560 From: RL (County) R-2 (County) To: RL (City) LMDR (City) Atlas Page: 315B S:\Planning Department\C D B\Annexations\ANX - 2008\ANX2008-02004 - 1662 Bellrose Drive North - Iuppa\Maps\Location Map.doc Item # 9 Attachment number 1 Page 2 of 7 Aerial Photograph Owner James luppa Case: ANX2008-02004 Property Size (Acres): 0.19 Site: 1662 Bellrose Drive North Size R-Q-W (Acres): .10 Land Use Zoning PIN: 23-29-15-07848-000-0560 From: RL (County) R-2 (County) To: RL (City) LMDR (City) Atlas Page: 315B S:\Planning Department\C D B\Annexations\ANX - 2008\ANX2008-02004 - 1662 Bellrose Drive North - Iuppa\Maps\Aerial Photograph.doc Item # 9 .. ..... :.' 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'" '" .... ... ~ '" '^ '" ~ '" ~ ~ ~ ~ ~ ~ ~ ~ ~ 00 ~ ~ ~ SOnll Famil Rt sid nti III 32 1? 30 29 28 27 26 25 24 23 22 21 20 19 Existing Surrounding Uses Map Owner James luppa Case ANX2008-02004 Property Size (Acres): 0.19 Site 1662 Bellrose Drive North Size R-Q-W (Acres): 10 Land Use Zoning PIN 23-29-15-07848-000-0560 From RL (County) R-2 (County) To RL (City) 315B LMDR (City) Atlas Page S:\Planning Department\C D B\Annexations\ANX - 2008\ANX2008-02004 - 1662 Bellrose Drive North - Iuppa\Maps\Existing Surrounding Uses Map.doc Item # 9 View looking north at the subject property, 1662 Bellrose Drive North View looking west of 1662 Bellrose Drive North along Bellrose Drive North Attachment number 1 Page 7 of 7 View looking south of the subject property, 1662 Bellrose Drive North View looking east of 1662 Bellrose Drive North along Bellrose Drive North View looking northwest at the property to the west of the subject property, 1662 Bellrose Drive North View looking northeast at the property to the east of the subject property, 1662 Bellrose Drive North ANX2008-02004 James Iuppa 1662 Bellrose Drive North Item # 9 Attachment number 2 Page 1 of 1 ORDINANCE NO. 7934-08 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTY LOCATED ON THE NORTH SIDE OF BELLROSE DRIVE NORTH APPROXIMATELY 720 FEET EAST OF LAKE AVENUE CONSISTING OF LOT 56, BELLROSE PARK, TOGETHER WITH THE ABUTTING RIGHT- OF-WAY OF BELLROSE DRIVE NORTH, WHOSE POST OFFICE ADDRESS IS 1662 BELLROSE DRIVE NORTH, INTO THE CORPORATE LIMITS OF THE CITY, AND REDEFINING THE BOUNDARY LINES OF THE CITY TO INCLUDE SAID ADDITION; PROVI 01 NG 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, FLORIDA: Section 1. The following-described property is hereby annexed into the City of Clearwater and the boundary lines of the City are redefined accordingly: Lot 56, Bellrose Park, according to the plat thereof recorded in Plat Book 59, Page 63, Public Records of Pinellas County, Florida, together with the abutting right-of- way of Bellrose Drive North (ANX2008-02004) 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 # 9 Ordinance No. 7934-08 Attachment number 3 Page 1 of 1 ORDINANCE NO. 7935-08 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 NORTH SIDE OF BELLROSE DRIVE NORTH APPROXIMATELY 720 FEET EAST OF LAKE AVENUE CONSISTING OF LOT 56, BELLROSE PARK, TOGETHER WITH THE ABUTTING RIGHT- OF-WAY OF BELLROSE DRIVE NORTH, WHOSE POST OFFICE ADDRESS IS 1662 BELLROSE DRIVE NORTH, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS RESIDENTIAL LOW (RL) 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 Lot 56, Bellrose Park, according to the plat thereof recorded in Plat Book 59, Page 63, Public Records of Pinellas County, Florida, together with the abutting right-of- way of Bellrose Drive North (ANX2008-02004) Land Use CateQorv Residential Low (RL) Section 2. The City Council does hereby certify that this ordinance is consistent with the City's comprehensive plan. Section 3. This ordinance shall take effect immediately upon adoption, contingent upon and subject to the adoption of Ordinance No. 7934-08. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Frank V. Hibbard Mayor Approved as to form: Attest: Leslie K. Dougall-Sides Assistant City Attorney Cynthia E. Goudeau City Clerk Item # 9 Ordinance No. 7935-08 Attachment number 4 Page 1 of 1 ORDINANCE NO. 7936-08 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY ZONING CERTAIN REAL PROPERTY ON THE NORTH SIDE OF BELLROSE DRIVE NORTH APPROXIMATELY 720 FEET EAST OF LAKE AVENUE CONSISTING OF LOT 56, BELLROSE PARK, TOGETHER WITH THE ABUTTING RIGHT-OF-WAY OF BELLROSE DRIVE NORTH, WHOSE POST OFFICE ADDRESS IS 1662 BELLROSE DRIVE NORTH, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS LOW MEDIUM DENSITY RESIDENTIAL (LMDR); PROVIDING AN EFFECTIVE DATE. WHEREAS, the assignment of a zoning district classification as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's comprehensive plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following described property located in Pinellas County, Florida, is hereby zoned as indicated upon annexation into the City of Clearwater, and the zoning atlas of the City is amended, as follows: Property Lot 56, Bellrose Park, according to the plat thereof recorded in Plat Book 59, Page 63, Public Records of Pinellas County, Florida, together with the abutting right-of- way of Bellrose Drive North (ANX2008-02004 ) Zoninq District Low Medium Density Residential (LMDR) Section 2. The City Engineer is directed to revise the zoning atlas of the City in accordance with the foregoing amendment. Section 3. This ordinance shall take effect immediately upon adoption, contingent upon and subject to the adoption of Ordinance No. 7934-08. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Frank V. Hibbard Mayor Approved as to form: Attest: Leslie K. Dougall-Sides Assistant City Attorney Cynthia E. Goudeau City Clerk Item # 9 Ordinance No. 7936-08 City Council Agenda Council Chambers - City Hall PLEASE NOTE: ITEMS 8.1 THROUGH 8.4 ARE PROPOSED TO BE TAKEN OUT OF ORDER AND HEARD AFTER ITEM 7.5 Meeting Date:4/17/2008 SUBJECT 1 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 of HB 1359 (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) Clerk Cover Memo Item # 10 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 HOSPITALS, NURSING HOMES, AND ASSISTED LIVING FACILITIES WITHIN THE COASTAL STORM AREA AND THE AREA INUNDATED BY A CATEGORY 2 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#l81 0 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 2 Ordinance No.ltatv#l81 0 PASSED ON SECOND AND FINAL READING AND ADOPTED Approved as to form: Leslie K. Dougall-Sides Assistant City Attorney Attachment number 1 Page 3 of 3 Frank V. Hibbard Mayor-Councilmember Attest: Cynthia E. Goudeau City Clerk 3 Ordinance No.ltatv#l81 0 Attachment number 2 Page 1 of 3 EXHIBIT A 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: (I) 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. I Exhibit A Ordinance No. 7911Mffi # 10 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 I 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 # 10 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 ~ 16 hours. * * * * 3 Exhibit A Ordinance No. 7911Mffi # 10 Attachment number 3 Page 1 of 4 CDB Meeting Date: Case # Ordinance #: Agenda Item: February 19,2008 CP Al007 -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 I, 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 I - Amend Obiective 22.2 of Goal 22 (see page I of Exhibit A): This amendment ensures compliance with HB 1359 by amending the definition of C:\Program Files\Neevia.Com\Document Converter\temp\PDFConvert.5916.1. Staff ReportForCDBCP A2007 -06004.doc Page - I Item # 10 Attachment number 3 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 I 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.5916.1. Staff ReportForCDBCP A2007 -06004.doc Page - 2 Item # 10 Attachment number 3 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: I. 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.5916.1. Staff ReportForCDBCP A2007 -06004.doc Page - 3 Item # 10 Attachment number 3 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.5916.1. Staff ReportForCDBCP A2007 -06004.doc Page - 4 Item # 10 Attachment numb r 4 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 5 Page 1 of 3 EXHIBIT A 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: (I) 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. I Exhibit A Ordinance No. 7911Mffi # 10 Attachment number 5 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 I 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 hospitals, nursing homes and assisted living facilities in the Coastal Storm Area and the area inundated by a category 2 hurricane as depicted by the SLOSH model, as reflected in the most recent Reszional Evacuation Study. Storm Tide Atlas. * * * * * 2 Exhibit A Ordinance No. 7911Mffi # 10 Attachment number 5 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 16 hours. * * * * 3 Exhibit A Ordinance No. 7911Mffi # 10 City Council Agenda Council Chambers - City Hall PLEASE NOTE: ITEMS 8.1 THROUGH 8.4 ARE PROPOSED TO BE TAKEN OUT OF ORDER AND HEARD AFTER ITEM 7.5 Meeting Date:4/17/2008 SUBJECT 1 RECOMMENDATION: Approve amendment to the Community Development Code to further the consistency between the Community Development Code and the Clearwater Comprehensive Plan, and to make other minor editorial changes, and Pass Ordinance 7949-08 on first reading. SUMMARY: The Planning Department is recommending an amendment to the Community Development Code (CDC) to ensure consistency between the CDC and the Clearwater Comprehensive Plan. The proposed amendment will add the Resort Facilities High (RFH) Future Land Use Plan category to the list of Countywide Future Land Use Plan Designations compatible with the Commercial (C) and High Density Residential (HDR) Districts consistent with the Clearwater Comprehensive Plan. Ordinance No. 7949-08 contains information on the proposed amendment. The Community Development Board (CDB) reviewed the proposed text amendment at its pubic hearing of March 18,2008, as part of a larger text amendment (TA2008-0l001l0rd. No. 7926-08). The CDB recommended the approval of the proposed amendment with no comments. Review Approval: 1) Clerk Cover Memo Item # 11 Attachment number 1 Page 1 of 3 ORDI NANCE NO. 7949-08 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, MAKING AMENDMENTS TO THE COMMUNITY DEVELOPMENT CODE TO FURTHER THE CONSISTENCY BETWEEN THE COMMUNITY DEVELOPMENT CODE AND THE CITY'S COMPREHENSIVE PLAN AND THE COUNTYWIDE FUTURE LAND USE PLAN BY AMENDING SECTION 2-501.1, "MAXIMUM DEVELOPMENT POTENTIAL", REGARDING THE HIGH DENSITY RESIDENTIAL ZONING DISTRICT, TO MODIFY THE ACCOMPANYING TABLE TO ADD THE RESORT FACILITIES HIGH COUNTYWIDE FUTURE LAND USE DESIGNATION AND TO PROVIDE FOR MAXIMUM DWELLING UNITS PER ACRE, MAXIMUM FLOOR AREA RATIO/IMPERVIOUS SURFACE RATIO FOR SAID DESIGNATION; AMENDING SECTION 2-701.1, "MAXIMUM DEVELOPMENT POTENTIAL" REGARDING THE COMMERCIAL ZONING DISTRICT, TO MODIFY THE ACCOMPANYING TABLE TO ADD THE RESORT FACILITIES HIGH COUNTYWIDE FUTURE LAND USE DESIGNATION AND TO PROVIDE FOR MAXIMUM DWELLING UNITS PER ACRE, MAXIMUM FLOOR AREA RATIO/IMPERVIOUS SURFACE RATIO, AND OVERNIGHT ACCOMMODATIONS UNITS PER ACRE FOR SAID DESIGNATION; CERTIFYING CONSISTENCY WITH THE CITY'S COMPREHENSIVE PLAN AND PROPER ADVERTISEMENT; PROVIDING FOR SEVERABILITY; AND PROVI 01 NG 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 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 Item # 11 Attachment number 1 Page 2 of 3 I Resort Facilities High I 30 dwelling units per acre I 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 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 Dwelling Units Maximum Floor Area Ratio Maximum Overnight Use Designation per Acre of Land / Impervious Suiface Ratio Accommodations Units Per Acre Commercial Neighborhood 10 dwelling units per acre FAR AO/ISR .80 N/A Commercial Limited 18 dwelling units per acre FAR A5/ISR .85 30 units per acre Commercial General 24 dwelling units per acre FAR .55/ISR .95 40 units per acre Residential/Office/Retail 18 dwelling units per acre FAR AO/ISR .85 30 units per acre Resort Facilities High 30 dwelling units per acre FAR 1.0/ISR .95 50 units per acre Section 3. 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 4. 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 5. 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 6. Notice of the proposed enactment of this Ordinance has been properly advertised in a newspaper of general circulation in accordance with applicable law. Section 7. 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: Item # 11 Leslie Dougall-Sides Assistant City Attorney Cynthia E. Goudeau City Clerk Attachment number 1 Page 3 of 3 Item # 11 City Council Agenda Council Chambers - City Hall PLEASE NOTE: ITEMS 8.1 THROUGH 8.4 ARE PROPOSED TO BE TAKEN OUT OF ORDER AND HEARD AFTER ITEM 7.5 Meeting Date:4/17/2008 SUBJECT 1 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 is provided and Ordinance 7924-08, which contains further analysis and information on the proposed amendment. The Community Development Board (CDB) reviewed the proposed amendments at its public hearing of March 18, 2008, and recommended approval. At the City Council meeting of March 20, 2008, the proposed Comprehensive Plan amendments were continued to the meeting of April 17 , 2008, in conjunction with associated amendments to Beach by Design and the Community Development Code (TA2008-01001). 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) Clerk Cover Memo Item # 12 Attachment number 1 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~#l8l2 Attachment number 1 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 # 12 Attachment number 2 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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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 # 12 Attachment number 3 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 # 12 Attachment number 3 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 StatfReport ofJanuary 17, 2007 o Map of Aflected 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 # 12 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 # 12 .. u . ,~,-" --,. 'I -, !l- .:- r~..'" ");',...:. ~;1 - -"~ ~ ~ I .:- II . jj~ ~~ I'~ .:- 1':- -:_ ~' .', r~ ::: 1':1 ~. .:.'_ "L,I W: .:- ,i. I!i -:., J,3 '~:. ---~=-~~,,"-'''''''~ ?--... ,,~y -"""" ~ ,~~;-;;."'L~ " .:. - --, II . ~:~ ;: !Ii 1':- ~:~ ,. .-, ..""""ju....ill:ll,--~ -J"==~"'--c.=' --. -",~-,,",I;\ "--.~.I-'. ~ :cl. " :". ,'n ~J>c6 ~ ,,'\ \) ~ PROTECTIVE SERVICES FOR 15 OF 141 TYPES OF CRIMINAL EVENTS BY o&..) '\. CLEARWATER POLICE DEPARTMENT- JANUARY TO DECEMBER 2006 CLEARWATER BEACH CRIMINAL North & South of ISLAND ACTIVITY BAYMONT ESTATES SAND KEY WANTED PERSONS FELONY&MISDEl\,f.. 251. 31 2 ACCIDENTS 243 142 14 BURGULARY 107 41 9 BURGULARY VEHICLES 70 55 9 CRIMINAL MlSCmEF 105 46 11 DISORDERLY DISTURBANCE 133 13 3 DRUG CALLS 228 39 3 DRUNK PEDESTRIAN 42 3 2 DUI QRlVER 24 14 2 FRAUD 49 16 2 HIT & RUN 76 36 5 ORDINANCE VIOLATIONS 127 12 2 THEFT 307 80 20 TRESPASS 193 22 3 TRAFFIC STOPS 395 145 3 TOTALS 2.350 695 90 Will A Vote for Increased Hotel Density also be a vote for Increased Crime Rates in Sand Key and Island Estates? Are We Prepared? L.M. Redmond ,~ cfd. ~~'\\~ u tJ r!- \. 1\ . 4 Property Land Use Property Land Use Zoning Existing Allowed # Units Difference Total Units Units with between Bonus Bonus and Allowed SAND KEY Sand Key Shoppes RFH C D 147 293 146 (2.93) Marriott RFH T 220 241 603 362 (4.83) Sheraton RFH T 390 450 1125 675 (9) Cabana Club CG C 0 38 57 19 (.95) 1202 Shoppes and RFH C/T 220 388 970 582 1322 Marriott together (7.76) ISLAND ESTATES Windward CG C 0 141 211 70 Passage (3.53) Publix Center CG C 0 223 3335 112 (5.59) 182 OOl10185.WPD .. .1 Lf "' 17 -og-=lJ-7 . (p Good evening. My name is Dick Jackson, and I live at the Cresent Beach Club. The first time I heard the word "ecology" was from my father, sometime back in 1953. Although the word's recorded as having been used as long ago as 1896, its meaning was confined to the science of botany. Which is where Dad must have come across it. He was a serious botanist by avocation. The next time the word surfaced, for me, was almost thirty years later, used in the sense we now recognize. It, like the word "infrastructure," has become a buzzword. The thing is, the modern definitions and serious implications of these words are alarmingly recent, and insufficiently alarming. We used to think of the capacity of our oceans to aQsorb the products of civilization to be limitless. I can remember reading of the glorious day in the near future when the oceans would feed manl<ind. Today, grouper is fast disappearing from our Suncoast menus. Grouper! We wantonly qespoiled our land as well, with landfills, wetlands drainage, toxic dumping, nuclear . . / waste, agricultural and chemical runoff, mine tail- ings that leach lead, cadmium, and mercury;-and oil spills. We've passively watched as pristine rivers have become sinks for industrial waste, and limpid lakes the poster children for eutrophication. We've deforested the planet, irredemably dam- aged our coral reefs, and decapitated mountains in search of ore. The process has been insidious, with small incre- mental decisions made on a trade-off, or cost/bene- fit assessment, usually by people with an ax to grind. Most often, our well-meaning actions have unintended consequences (another buzzword we've been hearing lately.) We try to solve our fuel dependency with ethanol, with the result that grain prices have dou- bled in parts of the third world, where reputable sci- entists are predicting impending cataclysmic famine. In the name of what? Greed. Convenience. Progress. Development. Sources of tax revenue. Untrammeled consumption. Except that consumption by definition means something is used up, consumed, gone. Once it's / gone, it can't be taxed. The Second Law of Thermodynamic_s applies. It's the law of physics that says that not only is there no free lunch, you have to put more into the system than you get out. Which means that not only can't you win, you can't ever break even. The second law has never been refuted, and never will be. Our planet is outraged. Glaciers laid down in the time of the Neandertals are breaking apart. Deserts are expanding. The habitable portions of our fragile planet are shrinking. Growth exerts a ter- rible price. China is choking itself to death. Our Sand Key barrier island seems to have come to a fragile equilibrium, built around a residential community. Sure, you can increase density, but it won't be long before safety and infrastructure considerations mandate the widening of Gulf Boulevard. Into what? We've got the Gulf on one side, and the intercoastal on the other. Maybe we can raze a few hotels and condominiums to make room for a road. Never was the principle that there are limits to growth more starkly exemplified than here. .. 'j Tourism is good for Clearwater. More tourism would be .better for Clearwater. And there's a lot of room in Clearwater for increased tourism. In places large enough, wide enough, and intelligently designed to accomodate it. Sand Key island is not one of those places. I checl<ed out our local hotels. Contrary to what's been stated at a previous meeting of this body, no one at reception of any hotel had a clue about hurri- cane evacuation procedures. No one. Yes, we can increase automobile traffic here to the point where our streets are indistinguishable from those in Cairo, and Mexico City, to name two cities whose economies run on tourism. Cairo's arteries are in a state of atherosclerosis. Decibel ambience is at sub-jackammer levels. In Mexico City, once the cleanest city in the entire ciVIlized world, the atmosphere is brown with particles of airborne night soil. Its population has been growing, you see. The lesson is clear: don't put more ecological pressure on a fragile environment whose balance is precarious enough. Once the goose is dead, golden ". .... eggs are difficult to come by. "Unless someone like you Cares a whole awful lot Nothing is going to get better. It's not. " You have the power to preserve. Deny this mad grab for unsustainable density. I beg you. I am the Lorax. I speak for the trees. , , City Council Agenda Council Chambers - City Hall PLEASE NOTE: ITEMS 8.1 THROUGH 8.4 ARE PROPOSED TO BE TAKEN OUT OF ORDER AND HEARD AFTER ITEM 7.5 Meeting Date:4/17/2008 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. . A maximum of 100 hotel rooms may be allocated from the Reserve to any development with a lot size less than 2.5 acres. Those developments with a lot size greater than or equal to 2.5 acres may use the Reserve to achieve a density of 90 hotel rooms per acre. However, in no instance shall the density of a parcel of land exceed 175 units per acre regardless of whether it has received benefit of transfers of development rights in addition to the Reserve, or not. . 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 util~ed as part of a development, only hotel rooms brought in to the project through the TDR process are eligible to be con~tiiict€<'r~bove the otherwise maximum building height, but only provided that all TDR criteria are met. Item # 13 The staff report and Ordinance 7925-08 contain all of the allocation criteria as well as further analysis and information on the proposed amendment. The Community Development Board (CDB) recommended approval of the proposed amendments at its pubic hearing of March 18, 2008, with the condition that the requirement of a minimum lot size be eliminated. It is noted that at the Council meeting of March 20, 2008, the proposed amendments to Beach by Design were continued to the meeting of April 17 , 2008, in conjunction with associated amendments to the Comprehensive Plan (CPA2008-01001) and the Community Development Code (TA2008- 01001) so that the staff could work with the Pinellas Planning Council to address their concerns. Review Approval: 1) Clerk Cover Memo Item # 13 Attachment number 1 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 # 13 Attachment number 1 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 # 13 Attachment number 2 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, Eltaml 'fA'13 Attachment number 2 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, Eltaml 'fA'13 Attachment number 2 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'13 Attachment number 2 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 C: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 C: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 C: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 through the ::Ipprov::ll of::l development ::Igreement with the C:ity of C:le::lrwMer 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 C:ity ::Ifter Decemher 11 ~ 2007 ::Ire not eligihle to h::lve rooms ::IllocMed from the Reserve. ~ .:. A m::lximum of 100 hotel rooms m::lY he ::IllocMed from the Reserve to ::Iny development with ::I lot size less th::ln 25 ::Icres Those developments with ::I lot size greMer th::ln or equ::ll to 2 5 ::Icres m::lY use the Reserve to ::Ichieve ::I density of 90 hotel rooms per ::Icre However~ in no inst::lnce sh::lll the density of::l p::lrcel of l::lnd exceed 175 units per ::Icre reg::lrdless of whether it h::ls received henefit oftr::lnsfers of development rights in ::Iddition to the Reserve~ or not: .:. 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, Eltaml 'fA'13 Attachment number 2 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 Org,mizMion'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, Eltaml 'fA'13 Attachment number 2 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, Eltaml 'fA'13 Attachment number 3 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 # 13 Attachment number 3 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 # 13 Attachment number 3 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 # 13 Goal 2 Objective 2.1 Policy 2.1.1 Policy 5.1.1 Attachment number 3 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 # 13 Attachment number 3 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 # 13 City Council Agenda Council Chambers - City Hall PLEASE NOTE: ITEMS 8.1 THROUGH 8.4 ARE PROPOSED TO BE TAKEN OUT OF ORDER AND HEARD AFTER ITEM 7.5 Meeting Date:4/17/2008 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. 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 provided and Ordinance 7926-08 contain further analysis and information on the proposed amendments. The Community Development Board (CDB) reviewed and approved the proposed text amendments at its public hearing of March 18,2008. It is noted that at the Council meeting of March 20,2008, the proposed text amendments were continued to the meeting of April 17, 2008, in conjunction with associated amendments to the Comprehensive Plan (CPA2008-01001) and the amendments to Beach by Design so that staff could work with the Pinellas Planning Council to address their concerns. Review Approval: 1) Clerk Item # 14 Attachment number 1 Page 1 of 14 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 2-701.1, "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 ACCOMMODATION UNIT; CERTIFYING CONSISTENCY WITH THE CITY'S COMPREHENSIVE PLAN AND PROPER ADVERTISEMENT; OrdiHama 1#01 W26-08 Attachment number 1 Page 2 of 14 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, FLORI DA: Section 1. 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 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 units per 45 units per acre - Commercial General 24 dwelling FAR .55/ISR .90 FAR 1.2/ISR .90 FAR .55/ISR 40 units per 60 units per acre .9~0 - Residential/Office/Retail 18 dwelling FAR AO/ISR .85 FAR 1.0/ISR .85 FAR AO/ISR .85 30 units per 45 units per acre aGf@ - 2 - OrdiHama 1#01 W26-08 Attachment number 1 Page 3 of 14 Resort Facilities High 30 dwelling FAR 1.0/ISR .95 FAR 2.0/ISR .95 FAR 1.0/ISR .95 50 units per Less than units per acre aGf@ one acre: 75 FAR 3.0/ISR .95 Between one acre and three acres: 100 FAR 4.0/ISR .95 Greater than three acres: 125 Section 2. 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 3. 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: 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; - 3 - OrdiHama 1#01 W26-08 Attachment number 1 Page 4 of 14 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. 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; and 7. A Development AQreement must be approved by the City Council 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 shall: a. 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; b. Be recorded with the Clerk of the Circuit Court pursuant to Section 163.3239, F.S, with a copy filed with the Property Appraiser's Office, and a copy submitted to the PPC and CPA for receipt and filinQ within fourteen (14) days after recordinQ; and c. Have its development limitations memorialized in a deed restriction, which shall be recorded in the Official Records of Pinellas County prior to the issuance of any buildinQ permit for the overniQht accommodations use. Section 4. 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..-..ti:le 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: 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 - 4 - OrdiHama 1#01 W26-08 Attachment number 1 Page 5 of 14 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. 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; and 8. A Development AQreement must be approved by the City Council 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 shall: a. 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; b. Be recorded with the Clerk of the Circuit Court pursuant to Section 163.3239, F.S, with a copy filed with the Property Appraiser's Office, and a copy submitted to the PPC and CPA for receipt and filinQ within fourteen (14) days after recordinQ; and c. Have its development limitations memorialized in a deed restriction, which shall be recorded in the Official Records of Pinellas County prior to the issuance of any buildinQ permit for the overniQht accommodations use. Section 5. 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. 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; - 5 - OrdiHama 1#01 W26-08 Attachment number 1 Page 6 of 14 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 6. 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: 12=:::~-1 ~~: I =""if:~:;:: . I :=E:"madaIi8H> Use DCSlgn~tlon per Acre of Land Ratio/Impervzous SwftlCe RatIo [}mts Per ~1cre Resort Facilities High 30 dwelling units per acre F/\R 1.01ISR .95 50 units per acre Countywide Future Land Maximum Maximum Floor Area Ratio / Impervious Surface Ratio Maximum Ovemizht Use Desiznation Dwellinz Units Ovemizht Ovemizht Non-Residential Accommodations Units per Acre of Accommodations Accommodations Uses Per Acre * Land ~ (Altemative) Hase Altemative Resort Facilities High 30 dwelling FAR 1.0lISR .95 FAR2.0IISR .95 FAR 1.0lISR .95 50 Less than units per acre one acre: 75 FAR 3.01ISR .95 Between one acre and three acres: 100 FAR 4.01ISR .95 Greater than three acres: 125 - 6 - OrdiHama 1#01 W26-08 Attachment number 1 Page 7 of 14 * Or as set forth in Beach bv Desizn: A Preliminary Desizn for Clearwater Beach and Desizn Guidelines. the svecial area vlan zoveminz Clearwater Beach adovted bv Ord. No. 6689-01 and as amended. Section 7. 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. Setbac/{s 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 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. 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. - 7 - OrdiHama 1#01 W26-08 Attachment number 1 Page 8 of 14 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. 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; and 9. A Development AQreement must be approved by the City Council 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 shall: a. 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; b. Be recorded with the Clerk of the Circuit Court pursuant to Section 163.3239, F.S, with a copy filed with the Property Appraiser's Office, and a copy submitted to the PPC and CPA for receipt and filinQ within fourteen (14) days after recordinQ; and c. Have its development limitations memorialized in a deed restriction, which shall be recorded in the Official Records of Pinellas County prior to the issuance of any buildinQ permit for the overniQht accommodations use. Section 8. 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 'Nill 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. Setbac/{s 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; - 8 - OrdiHama 1#01 W26-08 a6. e7. 8. 9. Attachment number 1 Page 9 of 14 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; 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 Article 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; 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; and A Development AQreement must be approved by the City Council 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 shall: a. 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; b. Be recorded with the Clerk of the Circuit Court pursuant to Section 163.3239, F.S, with a copy filed with the Property Appraiser's Office, and a copy submitted to the PPC and CPA for receipt and filinQ within fourteen (14) days after recordinQ; and c. Have its development limitations memorialized in a deed restriction, which shall be recorded in the Official Records of Pinellas County prior to the issuance of any buildinQ permit for the overniQht accommodations use. Section 9. 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 (1IRT") 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: I Countvwide Maximum Floor Area Ratio/Impervious Surjace Ratio Maximum Ovemi'Zht I Maximum - 9 - OrdiHama 1#01 W26-08 Attachment number 1 Page 10 of 14 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 Section 10. 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. HIRTH District Flexible Development Standards Min. Lot Min. Lot Min. Setbacks (ft.) Uses Area Width (ft.) Max. Height (ft.) Min. Off Street Parking (sq. ft.) Front * Side ::wieJRear 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 15 15 30 15/1,000 SF GFA Offices 10,000 100 20 12 15 30 3/1,000 SF GFA Overnight 40,000 200 20 12 15 50 l/UNIT Accommodations (3) Salvage Yards 40,000 200 20 12 15 30 1/200 SF of office space Self Storage 20,000 100 20 15 15 30 1 per 20--25 units plus 2 for manager's office SociallPublic Service 10,000 100 20 12 15 30 3/1,000 SF GFA Agencies (4) Telecommunication 10,000 50 25a 10 -l-W20 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 sufficient 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. - 10 - OrdiHama 1#01 W26-08 Attachment number 1 Page 11 of 14 Section 11. 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. 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. 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; and 5. A Development AQreement must be approved by the City Council 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 shall: a. 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; b. Be recorded with the Clerk of the Circuit Court pursuant to Section 163.3239, F.S, with a copy filed with the Property Appraiser's Office, and a copy submitted to the PPC and CPA for receipt and filinQ within fourteen (14) days after recordinQ; and c. Have its development limitations memorialized in a deed restriction, which shall be recorded in the Official Records of Pinellas County prior to the issuance of any buildinQ permit for the overniQht accommodations use. Section 12. 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. OfFStreet 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 Outdoor 2.5 acres 200 25 20 25 30 area or as RecreationlEntertainment determined by the community develonment - 11 - OrdiHama 1#01 W26-08 Attachment number 1 Page 12 of 14 coordinator based on lIE Manual standards OV€I1light /\ccorrnnodations WIA Bfa ~ ;W ~ W 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 13. That Article 2, "Zoning Districts", Division 14, "Open Space/Recreation District ("OSR")", Section 2-1403, "Flexible standard development", of the Community 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'lernjght accommodatjons. 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 s'Nimming 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 14. 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 :iize Min. Lot Max. Height Min. OjF:itreet Use (sq. jt.) Width (ft.) Min. :ietbacks (ft.) (ft.) Parking Front Side Rear Determined by the community development Comprehensive lnfill 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 15. 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: ********** - 12 - OrdiHama 1#01 W26-08 Attachment number 1 Page 13 of 14 Overniqht Accommodation Unit means an individual room, rooms or suite within an overniQht accommodations use desiQned to be occupied, occupied, or held out to be occupied as a sinQle 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 o'Nnership. ^"o'Nable 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 containinQ one or more overniQht accommodation units, the occupancy of which occurs, or is offered or advertised as beinQ available, for a term of less than 31 days or one calendar month, whichever is less. In determininQ whether a property is used as an overniQht accommodation use, such determination shall be made without reQard to the form of ownership of the property or unit, or whether the occupant has a direct or indirect interest in the 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 16. 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 17. 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 18. 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 19. Notice of the proposed enactment of this Ordinance has been properly advertised in a newspaper of general circulation in accordance with applicable law. Section 20. 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 Cynthia E. Goudeau - 13 - OrdiHama 1#01 W26-08 Assistant City Attorney - 14 - Attachment number 1 Page 14 of 14 City Clerk OrdiHama 1#01 W26-08 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 # 14 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 # 14 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 # 14 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 # 14 City Council Agenda Council Chambers - City Hall PLEASE NOTE: ITEMS 8.1 THROUGH 8.4 ARE PROPOSED TO BE TAKEN OUT OF ORDER AND HEARD AFTER ITEM 7.5 Meeting Date:4/17/2008 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. Cover Memo . Sufficient public facilities are available to serve the property. . The applications will not have an adverse impact on the natural environment. Item # 15 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) Clerk Cover Memo Item # 15 CDB Date: Case Number: Owner/Applicant: Representative: Address: Agenda Item: Attachment number 1 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 # 15 Page 1 Attachment number 1 Page 2 of 5 ANAL YSIS: This annexation involves 0.358 acres property, located 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 Plan 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 located 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 interloca1 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 located within the East Police District and service will be administered through the District 3 Substation located 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 located 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 # 15 Page 2 Attachment number 1 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 Plan: 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 located within an enclave within the City's urban service area. The proposed annexation is consistent with the City's Comprehensive Plan. 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 Plan 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 plan 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 # 15 Page 3 Attachment number 1 Page 4 of 5 In accordance with the Countywide Plan Rules, the future land use plan 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 plan 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 logical 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 Plan 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 # 15 Page 4 Attachment number 1 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 # 15 Page 5 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 Plan amendment from the Residential Suburban (RS) Classification (County and City) to the Residential Low (RL) Classification (City) (pending ANX2005-02003); (b) Future Land Use Plan 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~ # 15 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 Plan (FLUP) amendment and rezoning application involves two parcels of land, approximately 4.50 acres in area located 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 corner 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 located 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 easteru 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 plan 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 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 acreage and density involved in this plan 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. 15 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 Plan in support of the proposed land use plan 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 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. Recommended Conclusions of Law The proposed plan 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 plan 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 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 Institutional (INS) Future Land Use Plan 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. 15 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 low density residential manner; and to recognize such areas as primarily well-suited for residential uses that are consistent with the low density, non-intensive qualities and natural resource characteristics of such areas. The Residential Low (RL) category is generally appropriate to locations outside urban activity centers; in areas where use and development characteristics are low 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 plan 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 genera11and 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 residentia11and 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 plan 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 plan 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~# 15 Attachment number 2 Page 5 of 11 Recommended Conclusions of Law The proposed locations of the INS and RL future land use plan categories are consistent with the purpose and 10cationa1 characteristics of the Countywide Plan. 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, sing1e- 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 located adjacent to the south of the site. Land located 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/Office 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/Office Limited, Residential/Office/Retail, Residential/Office 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- 15 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 westeru 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 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 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 I = 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. 15 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 I = 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) will limit 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~ '# 15 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 plan 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 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 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. 15 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 lot could generate 160 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 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 plan 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 located 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 plan approval will be required. A site plan 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 Plan. 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. 15 Attachment number 2 Page 10 of 11 VI. LOCATION OF DISTRICT BOUNDARIES [Section 4-602 .F.6.] Recommended Findings of Fact: The location of the proposed Low Medium Density Residential (LMDR) District and Institutional (I) boundaries are logical 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 location of the 1 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 location 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 1 District are more intensive. The LMDR District permits a density of five dwelling units and an ISR of .60. The 1 District permits 12.5 dwelling units per acre and an ISR of 0.65. Under the current LMDR zoning district provisions, a minimum lot width of 50 feet and a minimum lot area of 5,000 square feet are required. Under the current 1 zoning district provisions, a minimum lot width of 100 feet and a minimum lot area of 20,000 square feet are required. The subject site is approximately 196,272 square feet in lot area and 220 feet in lot 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 lot area or width requirement in the Low Medium Density Residential (LMDR) District. The subject property exceeds the City's minimum LMDR and 1 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# 15 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 10cationa1 requirements of the Countywide Plan; 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 Plan. 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 Plan 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 Plan 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 Plan 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# 15 Attachment number 3 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 # 15 Attachment number 3 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 # 15 Attachment number 3 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 # 15 Attachment number 3 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 # 15 Attachment number 3 Page 5 of 6 HAMPTON CT "- I~r--I I" I I I -, I " I 'L.._J V) _~_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 # 15 Existing structure on 3290 McMullen Booth Rd Property to the south Property to the east Attachment number 3 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 # 15 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 # 15 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 # 15 -~ 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 '- ,__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 # 15 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 ..... 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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 # 15 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 # 15 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 # 15 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 # 15 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 # 15 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 # 15 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 # 15 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 # 15 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~#l8l5 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! 5 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! 5 ~&",4, ~~0\ ~ t)\X\ 4~Cl ;; Honorable Mayor Hibbard Honorable Vice Mayor Doran Honorable Council Member Petersen Honorable Council Member Gibson Honorable Council Member Cretekos City Hall rd 112 Osceola Avenue, 3 Floor Clearwater, FL 33756 RE: City Council Public Hearing Thursday April 17 , 2008 at 6pm Application LUZ2005-02002 Application ANZ2005-02003 Applicant Spinecare Properties, LLC Property Location: 3280 & 3290 McMullen Booth Road, Clearwater Dear Mayor and Council Members: I am the President of the Ashland Height Property Owners Association, representing the abutting property owners located to the north of the property owned by the Applicant which is the subject of the captioned applications. Please accept this letter as evidence of our support and no objection to the captioned applications scheduled for hearing before you on April 17, 2008; as such applications relate to the annexation of a portion of the property and designation of certain land use and zoning categories that will permit the development of a 45,000 square foot medical clinic and 225 parking spaces. This proposed development will be in substantial accordance with the Site Plan approved by FLD2005-0 1014 and its corresponding Development Agreement which is the subject of application DV A2005-0001 and the Applicant has submitted minor site plan modifications and modifications to the Development Agreement that are currently pending review by the Planning Director and Staff that address our prior issues and concerns. &r/~ Robert Lapin, President Ashland Heights Property Owners Association Cc: City Manager, Bill Home City Planning Director, Mike Delk Assistant City Attorney Leslie Dougall Sides PAGE \* MERGEFORMAT 1 ,~ ~ ~ \,)9 \,~ c~ \ <tl\ ~f!) - - - :TES:. · U Properties, Inc. April 15, 2008 Honorable Mayor Hibbard Honorable Vice Mayor Doran Honorable Council Member Petersen Honorable Council Member Gibson Honorable Council Member Cretekos City Hall 112 Osceola Avenue, 3rd Floor Clearwater, FL 33756 RE: City Council Public Hearing Thursday Aprill?, 2008 at 6pm Application LUZ2005-02002 Application ANZ2005-02003 Applicant Spinecare Properties, LLC Property Location: 3280 & 3290 McMullen Booth Road, Clearwater Dear Mayor and Council Members: Weare the abutting property owners located to the west of the property owned by the Applicant which is the subject of the captioned applications. Please accept this letter as evidence of our support and no objection to the captioned applications scheduled for hearing before you on Aprill?, 2008; as such applications relate to the annexation of a portion of the property and designation of certain land use and zoning categories that will permit the development of a 45,000 square foot medical clinic and 225 parking spaces. This proposed development will be in substantial accordance with the Site Plan approved by FLD2005-0l0l4 and its corresponding Development Agreement which is the subject of application DV A2005-000l and the Applicant has submitted minor site plan modifications and modifications to the Development Agreement that are currently pending review by the Planning Director and Staff that address our prior issues and concerns. 300 State Street East, Suite 222, Oldsmar, FL 34677 Phone 813-749-8834 c Fax 813-749-8855 c www.jesproperties.com Sincerely, Dr. DOUgl~ ca / _ Dr.Eli~~::;~,-c Ce: ~ Manager, Bill Home City Planning Director, Mike Delk Assistant City Attorney Leslie Do City Council Agenda Council Chambers - City Hall PLEASE NOTE: ITEMS 8.1 THROUGH 8.4 ARE PROPOSED TO BE TAKEN OUT OF ORDER AND HEARD AFTER ITEM 7.5 Meeting Date:4/17/2008 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. (LUZ2004-11 007) 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-l1007). 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 Residential/Office 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) Clerk Cover Memo Item # 16 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 # 16 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 # 16 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 ~686 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 ~--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~__~J~__J ~, 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 # 16 I 1 L__J '" I'-. r-- ~~ I I I L"_31 1 1__1 ~3'L, rl ''If l____1 I I I ' ,J U1 129.B!LJ i 1--;k-~1 ~ I __J ~ ~ 1__1 O'l '--I i--L_ ,-I 1"1 I I I r I 8 I I 9~~ ----~ 1__1 _!l--- r--1S!, I I_ I I I ~ I L_J';f-" --~-, ~ \ 11 ~ , , J '.g.lliW'-- L-L_ '---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 : 2679 1 L1 33i L__r 1 2673l_ ~--, 34 I I r" I I 2667 0f-~ ~ -,_J '" ,-_ ~ r~ r--I a I III -- '1 I ~---~ 1-- I I I I'" l_1ll 1 1_1f" 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 '" i'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 r ~J ~ , <0' I "-I ~J ~ [__J ,"-,_ _r-~, _~-~, I ~ IJ LI I I <0 I 1_,-_;JL...,_-,-IL~_rJ ^ / , / , / , , V' ~, 'J r---- , I I 1 , I I ' L I S c-; II , I I I "I IL ~-I .....1 C\JL, I ' 2660 1--' L..__J I-- I , L :' , 1 L L_ l....l-~J--~Il...l-~:-'LI I I I 2fj14 I l___fi-_.rJ L....._J-L_~_I 1.r--r-'-lJ-----~l I I I r---llt~__~J~__J ~, L,I L- _ ---1 r , I I ~I ~" 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 # 16 Attachment number 1 Page 5 of 6 I 1 L__J '" I'-. r-~ ~~ I I I 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 1--;k-~1 ~ : __J ~ ~ 1__1 O'l School '--I i--L_ ,-I 1"1 I I I r I 8 I I 9~- ----~ 1__1 L-L_ '"' - "_ 10 eJ) I --~= / 115 I ~ I L_J';f-" --~-, ~ \ 11 ~ , , J '.g.ggg.-- _!l--- a '" i'l 3106 '---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 : 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~,-___rJ I---a-l---~Irr--....I I ~ I L...,_;J~L_.r-.:-L_,__-J ,"-~_ _r-~, _~-~~ I ~ IJ LI I I <0 I 1_,-_;JL...,_-,-IL~_rJ ^ / , / , / , , v' ~, 'J I I 1 r ~J ~ , <0' I "-I ~J ~ [__J MiiIfi.l.J------, I I I r---l rtamnY'~__J ~, L,I ~sklentiRI r , I I ~I ~" I""' ~I I I r---- , I I 1 , I I ' L I S c-; II , I I I "I IL ~-I .....1 C\JL, I ' 2660 1--' L__J I-- I , L :' , 1 L L_ 1--1 I I -113 I -I 1 l....l-~J--~Il...l-~:-'LI I I I 2fj14 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 # 16 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 LUZ2004-11007 ~ml# 16 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 LUZ2004-11007 Itemg#216 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 LUZ2004-11007 Itemg#316 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 LUZ2004-11007 Itemg#416 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/l,OOO square teet) 3,484 126 116 5 4 square feet General Office Building (11.01 trips/l,OOO 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#516 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#616 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#716 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~ #1816 Attachment number 3 Page 2 of 2 2 Ordinance No. ~-#816 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, FLORIDA: Section 1. The future land use plan element of the comprehensive plan of the City of Clearwater is amended by designating the land use category for the hereinafter described property, upon annexation into the City of Clearwater, as follows: Property Lot 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 # 16 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, FLORIDA: Section 1. The following described property located in Pinellas County, Florida, is hereby zoned as indicated upon annexation into the City of Clearwater, and the zoning atlas of the City is amended, as follows: Property Lot 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 # 16 Ordinance No. 7923-08 City Council Agenda Council Chambers - City Hall PLEASE NOTE: ITEMS 8.1 THROUGH 8.4 ARE PROPOSED TO BE TAKEN OUT OF ORDER AND HEARD AFTER ITEM 7.5 Meeting Date:4/17/2008 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 22/29/15/00000/320/0200 (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 7945-08 and 7946-08 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 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 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) Clerk Cover Memo Item # 17 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 # 17 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 # 17 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 # 17 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 # 17 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 # 17 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 # 17 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 # 17 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 # 17 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 # 17 Attachment number 2 Page 2 of 6 -.--:.. .., - .. -.- .. .~.~.. .~ .~ R "oJ. .,-:: . ..-.... ! .":: i., ~." , . :, .. .i ... ~ I. . ..:.....~. .~.: . ---:;, : ~' ... .........-:'" . .. . 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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 # 17 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 ~ ~ Idlj(~,~ ~ 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 '" Idl \ 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) ...5:_ 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?.!..9 _ 22 _ _ 19 1518 ~ - - - - >- --:;:; - -!L 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 # 17 , OS/R ~I l 1 <,0 '~"\ " " o 1<0 15 : 16 !'~"\ \ l~ ~ I~ I \ MDR 8 5.29 Ac (C) " li;Jl ~ I~ ~\\ I I 1 I 115 r :17 ra 119 I 1 I I I I 1 I 1 \ ~ 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 " <0 <0 as as '" " ~ ~ I '" a a '90 10 ~ g:s cil; 0; - iri ,. WOODLA WN ST ,. AO \~'\ I 1101 ~\ :::\~ 1 \ 40 '" I I '" I '" '" 11 115fJ4 1 I I 1121 14 11 13 4 \ 5 16 7 1 9 1 . 1 ~ 13 12 1 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 _ _ _ 1@.... ~18_!;;: )> 51 20 'C( ~'\_ _ ~ _ _ _21_ ~22 0::: 1525 49 22 (.) --- CI,) 48 If:'., 23 47 ~. 'I 24 1530 46~ 25 ~~ II <0<0 '" 1 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... ....!.51O 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. _ -I _ ~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 # 17 ... " '" <0 " <0 ~7 8 9 13 12 11 w~ " <0 Q " <0 " .., <0 <0 <0 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<0101 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; ICllPI 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.., ;,,1; <0 <0 : ... <0 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 <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 010' ~ell t~ \ co .., co 1'\ <0 " 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 # 17 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't, 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 # 17 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 # 17 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 # 17 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 # 17 2 Ordinance No. 7946-08 ~I f."Lt. 1& 04\ l'l ) 2ro~ rt <to S ~ Incident Number Incident Code Priority Ac: dress Hit Queue Arrived 100907-C2874 UNK 3 1<:;0 S MAR"I-lN LUTHER KING JR A 18:10:06 18:10:06 100907-02841 DRUG CALL liP 3 1450 S Martin Luther King Jr A 16:51:22 17:00:26 100907-02840 911l 3 1450 S Martin Luther King Jr A 16:51:07 17:03:00 101007 -03450 SEl 3 1450 S Martin Luther King Jr A 22:50:59 22:57:55 101007-03458 ORD 4 1450 S MARTIN LUTHER KING JR A 23: 15:33 23:15:33 101407 -05044 ASSIST 4 1450 S Martin Luther King Jr A 23: 17:55 23:28:43 10 1507-05164 ClYIL 4 1450 S Martin Luther King Jr A 08:55:34 08:59:51 101707-05986 AOA 3 1450 S Martin Luther King Jr A 05:57:42 06:15:01 101707 -06080 CHILD N/I1P 3 1450 S Martin Luther King Jr A 11 :39:05 12:34:26 111107-00300 DISTI 3 1450 S Martin Luther King Jr A 20:39:36 21:01:35 111207-00301 DIST J/O 3 1450 S Martin Luther King Jr A 18:51:21 19:06:31 111207-00402 MISSING-OYER 13 5 1450 S Martin Luther King Jr A 23:34:57 23:39:27 112007-00117 HARP 4 1450 S Martin Luther King Jr A 10:43:04 11:08:05 112107-00051 DISTI 3 1450 S Martin Luther King Jr A 03:37:54 03:42:24 112107-00031 DISTI 3 1450 S Martin Luther King Jr A 01:44:08 01:59:00 112607-00314 CPI 4 1450 S Martin Luther King Jr A 18:40:09 18:47:16 121407-00436 911L 3 1450 S Martin Luther King Jr A 23:16:19 23:25:10 121407-00275 911L 3 1450 S Martin Luther King Jr A 17:20:05 17:29:34 122207-00168 911C 4 1450 S Martin Luther King Jr A 12:45:59 12:47:55 122307-00268 KTP 4 1450 S Martin Luther King Jr A 19:12:48 19:22:48 122607-00228 DOMI 2 1450 S MARTIN LUTHER KING JR A 16:17:10 16:43:03 122907-00093 NOISE 4 1450 S Martin Luther King Jr A 09:21 :02 09:29:35 123107-00112 NOISE 4 1450 S Martin Luther King Jr A 09:28:28 09:39:14 010108-00221 911L 3 1450 S Martin Luther King Jr A 10:41:52 10:47:42 010108-00056 KTP 4 1450 S Martin Luther King Jr A 01:13:00 01:49:10 010308-00303 BATJ 3 1450 S Martin Luther King Jr A 22:02:44 22:08:26 010408-00334 eMJ 4 1450 S Martin Luther King Jr A 22:03:14 22:35:34 011708-00254 BATJ 3 1450 S Martin Luther King Jr A 17: 10:30 17:22:23 011908-00265 DISTJ 3 1450 S Martin Luther King Jr A 17:08:41 17: 12:39 012108-003 10 911L 3 1450 S Martin Luther King Jr A 18:32:14 18:39:49 012408-00432 911l 3 1450 S Martin Luther King Jr A 22:28:27 23:09:30 012908-00177 TRES 3 1450 S Martin Luther King Jr A 13:46:53 14:04:35 o 13008-0040/,) ASSN 5 1450 S Martin Luther King Jr A 19:42:11 20:02:50 020108-00004 ASSIST 4 1450 S MARTIN LUTHER KING JR A 00:13:36 00: 13:36 020308-00198 911C 4 1450 S Martin Luther King Jr A 13:52:47 14:02:02 020508-00233 SYI 3 1450 S MARTIN LUTHER KING JR A 16:16:34 16:16:34 020708-00440 TRF 2 1450 S MARTIN LUTHER KING JR A 22:03:04 22:03:04 021208-00291 BAR 5 1450 S Martin Luther King Jr A 18:00:44 18:04:06 021608-00242 911L 3 1450 S Martin Luther King Jr A 15:37:46 15:45:44 022408-00002 ASSIST 4 1450 S Martin Luther King Jr A 00:03:38 00:12:39 022708-00220 TRF 2 1450 S MARTIN LUTHER KING JR A 14:49:43 14:49:43 030508-00395 SUP 5 1450 S MARTIN LUTHER KING JR A 21: 17:38 21 :17:38 ltf 030808-00166 BURGJ 2 1450 S Martin Luther King Jr A 12:03:59 12:09:46 031008-00376 TAMPERING 3 1450 S Martin Luther King Jr A 20:45:49 21:21:31 031208-00311 BATJ 3 1450 S Martin Luther King Jr A 17:02:53 17:46:03 031208-00237 SUP 5 1450 S Martin Luther King Jr A 14:13:58 15:34:27 032008-00164 ASSIST 4 1450 S Martin Luther King Jr A 12:05:58 12:16:56 032608-00277 ASSIST 4 1450 S Martin Luther King Jr A 15:39:18 15:41:20 032708-00403 CONTACT 4 1450 S Martin Luther King Jr A 20:08:50 20:22:42 040308-00437 TRES 3 1450 S Martin Luther King Jr A 22:52:33 23:00:35 040508-00174 ALB 3 1450 S Martin Luther King Jr A 11 :57:44 12:02:53 040708-00384 NOISE 4 1450 S Martin Luther King Jr A 21:33:13 22:00:55 041008-00373 AOA 3 1450 S Martin Luther King Jr A 20: 13:53 20:25:56 041108-00406 TRF 2 1450 S MARTIN LUTHER KING JRA 22:01:40 22:01:40 111407-00452 TRES 3 1530 Scranton Ave 21:26:46 21 :46:49 111507-00465 CPI 4 1535 Scranton Ave 23:31:54 23:59:04 111707-00091 CPI 4 1535 Scranton Ave 07:59: I I 08:16:53 112807-00184 CHILDN 3 1535 Scranton Ave 13:03:52 13 :36:31 122707-00188 SUP 5 1535 SCRANTON AVE 13:07:25 13:07:25 123107-00286 SUP 5 1535 SCRANTON AVE 17:34:31 17:34:31 101507-05340 UNK 3 619 WOODLAWN ST 15:44:04 15:44:04 122507-00103 CIVIL 4 619 Woodlawn St 10:27:41 10:40:07 010608-00023 TRF 2 619 WOODLAWN ST 01:20:37 01:20:37 032508-00038 BATN 4 619 Woodlawn St 03:09:20 03:18:13 040508-00206 ANIMAL 3 619 Woodlawn St 13:54:24 14:12:22 020308-00006 DlR PATROL 3 802 Woodlawn St 00:21:57 00:24:37 030508-00089 BURGl 2 817 Woodlawn St 08:57:30 09:01:11 013108-00350 911L 3 8')6 Woodlawn St 19:17:13 19:26:21 020708-00048 SUSPI 3 826 Woodlawn St 03:08:39 03:13:35 020808-00006 DIR PATROL 4 826 Woodlawn St 00:08:54 01:21:14 021008-00044 SEl 4 826 Woodlawn St 01:47:42 02:05:02 021108-00351 BATl 3 826 WOODLAWN ST 21:41:43 21 :44:36 013008-00431 DIR PATROL 4 838-91 I WOODLAWN ST 20:33:48 20:33:48 030808-00382 DIR PATROL 4 838-91 I WOODLAWN ST 19:30:04 19:30:03 122307-00182 SUP 4 845 Woodlawn St 14:13:39 14:21:53 012208-00262 SUP 5 901 WOODLAWN ST 16:22:11 16:22:11 031908-00071 DOM liP 2 901 Woodlawn St 04:50:34 04:55:24 110907 -00309 MISSING JUVENILE 2 910 Woodlawn St 18:33:57 . 19:40:02 112807-00098 BURG NillP 4 910 Woodlawn St 09:47:01 09:58:01 120107-00358 BURG J/O 2 910 Woodlawn St 22:24:38 22:32:58 120107-00043 BACKUP 3 910 Woodlawn St 02:58:53 03:02:17 120307-00075 W ANTED PERSON 3 910 Woodlawn St 08:11:55 08:40:50 121207-00242 KEEP THE PEACE 4 910 Woodlawn St 15:14:48 15:27:22 121407-00440 DIST liP 3 910 Woodlawn St 23:25:01 23:50:41 011408-00010 SUSP VEH liP 3 910 Woodlawn St 00:44:14 00:52:12 ~tf 012108-00340 PROWL 1/0 2 910 Woodlawn St 20:02: 15 20:11:34 012208-00039 CONTACT 4 910 Woodlawn St 05:20:39 05:30:03 012208-00008 MISSING mv OVER 13 5 910 Woodlawn St 00: 15:35 00:25:16 012208-00025 SUP 5 910 Woodlawn St 02:46:27 03:58:16 /. 3E 3P 3V F M V 11 R .BAND .BDUCI .BDUCJ .BDUCN .CCJI .CCJN .CCOTH 6BOMB 8 MENTAL PROBLEMS 9 OFFICER NEEDS ASSISTANCE 10 DEAD PERSON 15 SPEC DETAIL 22 FIGHT IN PROGRESS NO INJ 27 PROWLER IN PROGRESS 30 ALARM 36 UNK PROBLEM 41 ASSIST OTHER AGENCY 42 OPEN DOOR/WINDOW 44 KEEP THE PEACE 45 ILLEGALLY PARKED CAR 47 LEWD 49 PERSON DOW N 51 DISABLED VEHICLE 55 CIVIL MATTER 57 ASSIST CITIZEN 58 TRAFFIC CONTROL 60 DRUG CALL IN PROGRESS 63 HIT AND RUN 64 ACCIDENT J/O NO INJURIES 73 ORDINANCE VIOLATION 74 BUILDING CHECK 75 SUPPLEMENT 911 911 HANG-UP SUSPICIOUS EVENT IN PROGRESS SUSPICIOUS PERSON IN PROGRESS SUSPICIOUS VEHICLE IN PROGRESS WANTED PERSON - FELONY WANTED PERSON - MISDEMEANOR VIOLENT - MENTAL PROBLEMS 911 HANGUP OFF NEED ASSIST ROUTINE RESP ABANDONED VEHICLE ABDUCTION IN PROGRESS ABDUCTION JUST OCCURRED ABDUCTION OLD ACCIDENT J/O WI INJURIES ACCIDENT J/O NO INJURIES ACCIDENT ALL OTHERS RAUDI FRAUD IN PROGRESS ACCWF ACCIDENT WHITE FORM ACTZ ASSIST CITIZEN ALRMB BUSINESS ALARM ALRMH HOLDUP ALARM ALRMP PANIC ALARM ALRMR RESIDENTIAL ALARM ALRMV VEHICLE ALARM ANIMAL! ANIMAL CASE IN PROGRESS AOA ASSIST OTHER AGENCY ARMI ARMED ROBBERY IN PROGRESS ARMII ARMED ROBBERY IN PROGRESS W/INJ ARMJ ARMED ROBBERY JUST OCCRD ARMJI ARMED ROBBERY JUST OCCRD WIINJ ARMN ARMED ROBBERY NOT IN PROG ARMNI ARMED ROBBERY NOT IN PROG W/INJ ARSON ARSON ASL TI ASSAULT IN PROGRESS ASL T J ASSAULT JUST OCCRD ASL TN ASSAULT NOT IN PROGRESS BAT II BATTERY IN PROGRESS W/INJ BAT JI BATTERY JUST OCCRD W/INJ BAT IN BATTERY JUST OCCRD NO INJ BATN BATTERY NOT IN PROGRESS BC BUILDING CHECK BOAT BOATING INCIDENT BOLO BOLO BURGI BURGLARY IN PROGRESS BURGJ BURGLARY JUST OCCURRED BURGN BURGLARY NOT IN PROGRESS BURGO BURGLARY OLD BURGVEHBURGLARY VEHICLE liP BURGVEHBURGLARY VEHICLE J/O BURGVEHBURGLARY VEHICLE N/I/P CARJKI CARJACKING IN PROGRESS CARJKJ CARJACKING JUST OCCRD CARJKN CARJACKING NOT IN PROGRESS CEL 911 HANGUP CELL PHONE CHECKI CHECK FRAUD/FORGERY liP CHECKN CHECK FRAUD/FORGERY N/I/P CHLDII CHILD ABUSE liP W/INJ CHLDIN CHILD ABUSE liP NO INJ PROWl PROWLER IN PROGRESS CHLDJI CHILD ABU CHLDJN CHILD ABU CHLDNI CHILD ABU CHLDNN CHILD ABU CIVIL CIVIL MATl CM CONTACT CODE CRMI CRIMINAL I CRMJ CRIMINAL I CRMN CRIMINAL I CRT TRAFFIC C CRUELTY ANIMAL CF DAV DISABLED DAVTR DISABLED DEAD DEAD PER DISTI DISTURBA DISTJ DISTURBA DOMII DOMESTIC DOMIN DOMESTIC DOMJI DOMESTIC DOMJN DOMESTIC DOMNI DOMESTIC DOMNN DOMESTIC DOMSEP DOMESTIC DROWN DROWNIN DRUGI DRUG CAL DRUGJ DRUG CAL DRUGN DRUG CAL DRUNK DRUNK PE DRUNKT DRUNK PE DUI DUI DRIVE DUIF DUI DRIVE ELDER ELDERLY, EP EXTRA PA ESCAPE ESCAPEEI FIGHTII FIGHT IN F FIGHTIN FIGHT IN F FIGHT JI FIGHT JU~ FIGHT IN FIGHT JU~ FIGHTN FIGHT NO' FIRE FIRE TAG LOST/STO i. i I RAUDJ FRAUD JUST OCCRD RAUDN FRAUD NOT IN PROGRESS TR FAIL TO REGISTER SEX OFFENDER iRAFI GRAFFITI IN PROGRESS iRAFN GRAFFITI NOT IN PROGRESS iT AI GRAND THEFT AUTO IN PROGRESS iTAJ GRAND THEFT JUST OCCRD iTAN GRAND THEFT OLD iTAR RECOVERED STOLEN VEHICLE IARAS HARRASSMENT IAZ HAZARD IITJI HIT & RUN JUST OCCURRED W/INJ liT JN HIT & RUN JUST OCCURRED NO INJ liTO HIT & RUN OLD .PARK ILLEGALLY PARKED CAR ~FO INFORMATION ~JUN INJUNCTION VIOLATION UVI JUVENILE COMPL IN PROGRESS UVN JUVENILE COMPL NOT IN PROGRESS TP KEEP THE PEACE LI LEWD AND LASCIVIOUS lIP LJ LEWD AND LASCIVIOUS J/O LN LEWD AND LASCIVIOUS N/I/P IISSA MISSING PERSON ADULT IISSJ MISSING PERSON JUV IISSRN MISSING RUNAWAY IISSRN13 MISSINGRUNAWAY 13/0LDER ISG MESSAGE IURD MURDER CI NEIGHBOR COMPL IN PROGRESS CN NEIGHBOR COMPL NOT IN PROGRESS OISE NOISE COMPLAINT PEN OPEN DOORIWINDOW I i RDI ORDINANCE VIOLATION lIP RDN ORDINANCE VIOLATION N/I/P C PREMISE CHECK D PERSON DOWN HONE ANON PHONE CALLS I PRIVATE IMPOUND ROP PROPERTY FOUND/LOST ROT EST PROTEST PROWJ PROWLER JUST OCCURRED PROWN PROWLER NOT IN PROGRESS REPO REPOSSESSION ROBI ROBBERY IN PROGRESS ROBII ROBBERY IN PROGRESS W/INJ ROBJ ROBBERY JUST OCCURRED ROBJI ROBBERY JUST OCCURRED W/INJ ROBN ROBBERY NOT IN PROGRESS ROBNI ROBBERY NOT IN PROGRESS W/INJ RV RECKLESS VEHICLE IN PROGRESS RVF RECKLESS VEHICLE IN PROGRESS SBI SUSP BANK IN PROGRESS SD SPECIAL DETAIL SEI SUSPICIOUS EVENT lIP SEJ SUSPICIOUS EVENT J/O SEN SUSPICIOUS EVENT N/I/P SEXBATI SEXUAL BATTERY IN PROGRESS SEXBAT J SEXUAL BATTERY JUST OCCURRED SEXBATN SEXUAL BATTERY NOT IN PROGRESS SHOOTI SHOOTING IN PROGRESS SHOOT J SHOOTING JUST OCCRD SHOOTN SHOOTING NOT IN PROGRESS SHOPI SHOPLIFTING IN PROGRESS SHOPJ SHOPLIFTING JUST OCCRD SHOPN SHOPLIFTING NOT IN PROGRESS SHOTI SHOTS FIRED IN PROGRESS SHOT J SHOTS FIRED JUST OCCRD SOLlCI SOLICITOR/PANHANDLER SPI SUSPICIOUS PERSON lIP SPJ SUSPICIOUS PERSON J/O SPN SUSPICIOUS PERSON N/I/P STALKI STALKING IN PROGRESS STALKJ STALKING JUST OCCRD STALKN STALKING NOT IN PROGRESS SUH SUICIDE SUBJ AT HOSP SUI SUICIDE IN PROGRESS SUJ SUICIDE JUST OCCRD SUP SUPPLEMENT SVI SUSPICIOUS VEHICLE lIP SVJ SUSPICIOUS VEHICLE J/O SVN SUSPICIOUS VEHICLE N/IIP TC TDMI TDMJ TDMN TEST THEFTI THEFT J THEFTN TIME TRES TRF TRUANT UNK VICEI VICEN WATER WC WEAPONI WEAPONJ WEAPONN WIRE TRAFFIC Cr THROWINC THROWINC THROWINC TEST THEFT IN F THEFT JUS THEFT NOl TIME CHEC TRESPASS TRAFFIC S' TRUANCY UNK PROB VICE ACTI\ VICE ACTI\ WATERING WELFARE I WEAPONS WEAPONS WEAPONS WIRES DO' City Council Agenda Council Chambers - City Hall PLEASE NOTE: ITEMS 8.1 THROUGH 8.4 ARE PROPOSED TO BE TAKEN OUT OF ORDER AND HEARD AFTER ITEM 7.5 Meeting Date:4/17/2008 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) Clerk Cover Memo Item # 18 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.5931.1.LUZ2007-07005 Staff Report.doc Item # 18 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.5931.1.LUZ2007-07005 Staff Report.doc Item # 18 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.5931.1.LUZ2007-07005 Staff Report.doc Item # 18 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 ScenicINon- 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 ScenicINon-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 ScenicINon-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 ScenicINon-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.593I. I.LUZ2007-07005 Staff Report.doc Item # 18 Attachment number 1 Page 5 of 13 Section 4.2.7.1A.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 ScenicINon-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 ScenicINon-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 mInImIZeS any increase in density/intensity on a ScenicINon-Commercial Corridor. Specifically, in reviewing any application for non-residential use on a ScenicINon-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 ScenicINon-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 on3 C:\Program Files\Neevia.Com\Document Converter\temp\PDFConvert.5931. I.LUZ2007-07005 Stall' Report.doc Item # 18 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.5931.1.LUZ2007-07005 Staff Report.doc Item # 18 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.5931.1.LUZ2007-07005 Staff Report.doc Item # 18 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 I ~ 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 tor the Commercial General Future Land Use Category. 3 ~ Based on MPO K-factor of 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.5931.1.LUZ2007-07005 Statf Report.doc Item # 18 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.5931.1.LUZ2007-07005 Staff Report.doc Item # 18 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.5931.1.LUZ2007-07005 Staff Report.doc Item # 18 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 II of 13 C:\Program Files\Neevia.Com\Document Converter\temp\PDFConvert.593I. I.LUZ2007-07005 Staff Report.doc Item # 18 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 ScenicINonCommercial 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.593I. I.LUZ2007-07005 Staff Report.doc Item # 18 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.5931.1.LUZ2007-07005 Statf Report.doc Item # 18 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 1520 McMullen Booth Road 1500, 1510, 1520, Property Site: 1530,1540,1550,1560,1570,1580,1590,1600, Size(Acres): 19.05 1 f, 10 onrl 1 f,?O Mr:MI Jllp.n P,()()th R()orl 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, 1560,1570, 1580,1590,1600, 1610 and 1620 McMullen Booth - Goral Tov ADA Compliant, LTD\Maps\Location Map.doc tem # 18 Attachment number 2 Page 2 of 6 Aerial Photograph Owners: Goral Tov ADA Compliant, LTD. 1500,1510,1520,1530,1540,1550,1560,1570, 1580, 1590, 1600, 1610 and 1620 McMullen P,()()th R()orl Case: LUZ2007 -07005 Site: Property 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, 1560,1570, 1580,1590,1600,1610 and 1620 McMullen Booth - Goral Tov ADA Compliant, LTD\Maps\Aerial Photograph.doc tem # 18 I \ \. 0 \ ,/ \ \ R/O( \A \ \ \ ; C \ ~ \ \ ~,/ \\ \.">,.> B ,..>'-- <' /~- \.. 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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 # 18 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 # 18 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 # 18 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 # 18 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 # 18 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 # 18 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 # 18 Ordinance No. 7921-08 City Council Agenda Council Chambers - City Hall PLEASE NOTE: ITEMS 8.1 THROUGH 8.4 ARE PROPOSED TO BE TAKEN OUT OF ORDER AND HEARD AFTER ITEM 7.5 Meeting Date:4/17/2008 SUBJECT / RECOMMENDATION: Adopt Ordinance No. 7927-08 on second reading, amending Section 33.059(3), Code of Ordinances, relating to waterways and vessels at City owned public docs. SUMMARY: Review Approval: 1) Clerk Cover Memo Item # 19 Attachment number 1 Page 1 of 1 ORDINANCE NO. 7927-08 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING CHAPTER 33, SECTION 33.059 (3), CODE OF ORDINANCES, RELATING TO WATERWAYS AND VESSELS, TO DEFINE THE LENGTH OF STAY FOR VESSELS AT CITY OWNED PUBLIC DOCKS; PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. Section 33.059 is amended to read: Sec. 33.059. Prohibited mooring, beaching or placing of vessels. (1) No vessel of any kind whatsoever shall moor to or tie up to a private seawall or dock or be beached upon private property within the city limits without the permission of the owner thereof. (2) No vessel shall be moored or otherwise placed in such a manner as to impede, restrict, or otherwise interfere with the use of public docks, launching ramps or other public waterfront facilities. (3) No vessel shall be permitted to occupy the City-owned Island Way Grill non-leased public dock slips durinq the period each niqht between 10:00 p.m. and 8:00 a.m., except in an emerqency as authorized by the City Harbor Master. The Harbor Master will determine whether the circumstance constitutes an emerqency. (4) No vessel shall be permitted to occupy the City-owned Recreation Center (Sand Pear!), non-leased portion of the public dock slips durinq the period each niqht between 10:00 p.m. and 8:00 a.m., except in an emerqency as authorized by the City Harbor Master. The Harbor Master will determine whether the circumstance constitutes an emerqency. ~ @.LVessels in violation of this section shall be subject to a fine, possible removal or impoundment by the City, and costs incident thereto shall be borne by the owner. 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: Camilo A. Soto Assistant City Attorney Cynthia E. Goudeau City Clerk Item # 19 Ordinance No. 7927-08 City Council Agenda Council Chambers - City Hall PLEASE NOTE: ITEMS 8.1 THROUGH 8.4 ARE PROPOSED TO BE TAKEN OUT OF ORDER AND HEARD AFTER ITEM 7.5 Meeting Date:4/17/2008 SUBJECT / RECOMMENDATION: Adopt Ordinance No. 7947-08 on second reading, amending Ordinance No. 7372-05, which vacated a portion of the easterly one- half of the 70-foot right-of-way of Gulfview Boulevard (AKA South Gulfview Boulevard), subject to special conditions; amending the conditions by extending the date for vertical construction to March 31, 201 0 and requiring demolition and removal of existing structures on the project site by October 31, 2008. SUMMARY: Review Approval: 1) Clerk Cover Memo Item # 20 Attachment number 1 Page 1 of 2 ORDINANCE NO. 7947-08 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING ORDINANCE NO. 7372-05, WHICH VACATED A PORTION OF THE EASTERLY ONE-HALF OF THE 70-FOOT RIGHT-OF-WAY OF GULFVIEW BOULEVARD, (AK.A SOUTH GULFVIEW BOULEVARD PER FIELD), SUBJECT TO SPECIAL CONDITIONS; EXTENDING THE REQUIRED DATE FOR COMMENCEMENT OF VERTICAL CONSTRUCTION; PROVIDING AN EFFECTIVE DATE. WHEREAS, in Ordinance No. 7372-05, the City of Clearwater vacated the right-of- way depicted in Exhibit A attached hereto, subject to certain conditions; and WHEREAS, pursuant to the request of K and P Clearwater Estate, LLC, the "Developer," the City Council finds that it is deemed to be in the best interest of the City and the general public to amend the conditions of the vacation; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following: A parcel of land being a part of Gulf View Boulevard, as depicted on the plat of Columbia Subdivision, according to the plat thereof, as recorded in Plat Book 23, Page 60, of the Public Records of Pinellas County, Florida, and being a part of said Gulf View Boulevard, as depicted on the plat of L1oyd-White-Skinner Subdivision, according to plat thereof, as recorded in Plat Book 13, Pages 12 and 13, of the Public Records of Pinellas County, Florida, all lying in the east % of Section 7, Township 29 South, Range 15 east, Pinellas County, Florida, and more fully described in the legal description Exhibit "A" attached hereto; Together with a parcel of land being a part of Gulf View Boulevard, as depicted on the plat of Columbia Subdivision, according to the plat thereof, as recorded in Plat Book 23, Page 60, of the Public Records of Pinellas County, Florida, lying in the east % of Section 7, Township 29 South, Range 15 East, and the west % of Section 8, Township 29 South, Range 15 East, Pinellas County, Florida, and more fully described in the legal description Exhibit "B" attached hereto, are hereby vacated, subject to the following conditions: 1) The project described within the Development Agreement between the City of Clearwater and K & P Clearwater Estate, LLC ("Development Agreement") shall commence vertical construction Ordinance NoI.tem7~M20 Attachment number 1 Page 2 of 2 public and private utilities shall be relocated by K & P Clearwater Estate, LLC at its own expense and to the approval and acceptance of the utility owners with all out of service utilities removed prior to the completion of the project. public vehicular and pedestrian use of the subject right of way shall be maintained until such time as a suitable paved roadway is constructed to the west of the subject right of way to accommodate two lanes of two way traffic capacity. of the Developer's pro rata share of the Beach Walk Construction as identified in the Development Agreement. vacation ordinance shall be rendered null and void if any of the preceding conditions are not met. Section 2. The City Clerk shall record this ordinance in the public records of Pinellas County, Florida, following adoption. Section 3. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Frank V. Hibbard Mayor Approved as to form: Attest: Pamela K. Akin City Attorney Cynthia E. Goudeau City Clerk 2 Ordinance NoI.tem7~M20 Attachment number 2 Page 1 of 1 EXHIBIT "A" ORDINANCE 7947-08 A PARCEL OF LAND BEING A PART OF GULF VIEW BOULEVARD, AS DEPICTED ON THE PLAT OF COLUMBIA SUBDIVISION, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 23, PAGE 60, OF THE PUBIC RECORDS OF PINELLAS COUNTY, FLORIDA, AND BEING A PART OF SAID GULF VIEW BOULEVARD, AS DEPICTED ON THE PLAT OF LLOYD- WHITE -SKINNER SUBDIVISION, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 13, PAGES 12 AND 13, OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA, ALL LYING IN THE EAST % OF SECTION 7, TOWNSHIP 29 SOUTH, RANGE 15 EAST, PINELLAS COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED BELOW: BEGINNING AT THE NORTHWEST CORNER OF LOT 44, OF SAID LLOYD- WHITE-SKINNER SUBDIVISION: THENCE S.05032'30"W. ALONG THE EAST RIGHT-OF-WAY OF GULF VIEW BOULEVARD, A DISTANCE OF 90.06 FEET TO THE SOUTHWEST CORNER OF SAID LOT 44; THENCE S.05032'30"W., A DISTANCE OF 60.00 FEET TO THE NORTHWEST CORNER OF LOT 48, OF AFORESAID LLOYD-WHITE-SKINNER SUBDIVISION; THENCE S.05032'30"W., ALONG AFORESAID EAST RIGHT-OF-WAY OF SAID GULF VIEW BOULEVARD, A DISTANCE OF 154.95 FEET; THENCE ALONG SAID EAST RIGHT-OF-WAY OF SAID GULF VIEW BOULEVARD, A DISTANCE OF 160.45 FEET; THENCE N.84027'30"W., A DISTANCE OF 34.98 FEET; THENCE N.05032'30"E. ALONG THE CENTERLINE OF SAID GULF VIEW BOULEVARD, A DISTANCE OF 456.33 FEET; THENCE S.41 o28'18"E., A DISTANCE OF 16.55 FEET; THENCE S.05029'40"W., A DISTANCE OF 0.58 FEET; THENCE S.84030'20"E., A DISTANCE OF 6.00 FEET; THENCE N.05029'40"E., A DISTANCE OF 18.97 FEET; THENCE CONTINUE N.05029'40"E., A DISTANCE OF 1.03 FEET; THENCE N.41000'13"W., A DISTANCE OF 17.95 FEET; THENCE N.48031'37"E., A DISTANCE OF 14.15 FEET; THENCE N.90000'00''E., A DISTANCE OF 34.32 FEET TO A POINT OF NON-TANGENT CURVE; THENCE SOUTHWESTERLY ALONG AFORESAID EAST RIGHT-OF-WAY OF GULF VIEW BOULEVARD, BEING A CURVE TO THE LEFT HAVING A RADIUS OF 34.00 FEET, AN ARC OF 26.87 FEET, A CHORD OF 26.18 FEET AND A CHORD BEARING OF S.28011'29"W.; THENCE S.05032'30"W. ALONG SAID EAST RIGHT-OF-WAY OF GULF VIEW BOULEVARD, A DISTANCE OF 0.88 FEET; THENCE N.90000'00''W., ALONG THE NORTH BOUNDARY OF AFORESAID LOT 44, A DISTANCE OF 3.82 FEET TO THE POINT OF BEGINNING. CONTAINING 16687.11 SQUARE FEET OR 0.38 ACRES, MORE OR LESS. Item # 20 Attachment number 3 Page 1 of 1 EXHIBIT "B" ORDINANCE 7947-08 A PARCEL OF LAND BEING A PART OF GULF VIEW BOULEVARD, AS DEPICTED ON THE PLAT OF COLUMBIA SUBDIVISION, ACCORDING TO HE PLAT THEREOF, AS RECORDED IN PLAT BOOK 23, PAGE 60, OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA, LYING IN THE EAST % OF SECTION 7, TOWNSHIP 29 SOUTH, RANGE 15 EAST, AND THE WEST % OF SECTION 8, TOWNSHIP 29 SOUTH, RANGE 15 EAST, PINELLAS COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF LOT 44, OF LLOYD- WHITE-SKINNER SUBDIVISION, ACCORDING TO THE PLAT THEREOF, AS RECORDED ON PLAT BOOK 13, PAGE 12 AND 13, OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA; THENCE N.90000'00''E., ALONG THE NORTH BOUNDARY OF SAID LOT 44, A DISTANCE OF 3.82 FEET; THENCE N.05032'30"E. ALONG THE EASTERLY RIGHT OF WAY LINE OF AFORESAID GULF VIEW BOULEVARD, A DISTANCE OF 0.88 FEET TO POINT OF A CURVE; THENCE NORTHEASTERLY ALONG SAID EASTERLY RIGHT-OF- WAY OF GULF VIEW BOULEVARD BEING A CURVE TO THE RIGHT HAVING A RADIUS OF 34.00, AN ARC OF 26.87 FEET, A CHORD OF 26.18 FEET, AND A CHORD BEARING OF N.28011 '29"E. TO THE POINT OF BEGINNING; THENCE N90000'00''W., A DISTANCE OF 29.08 FEET TO A POINT OF NON-TANGENT CURVE; THENCE NORTHEASTERLY ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 112.00 FEET, AN ARC OF 102.51 FEET, A CHORD OF 98.97 FEET AND A CHORD BEARING OF N.63052'46"E.; THENCE S.89054'00"E., A DISTANCE OF 79.18 FEET TO A POINT OF CURVE; THENCE SOUTHEASTERLY ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 40.00 FEET, AN ARC OF 61.30 FEET; A CHORD OF 55.47 FEET AND A CHORD BEARING S.45059'54'E. TO A POINT OF NON-TANGENT CURVE; THENCE WESTERLY ALONG THE SOUTHERLY RIGHT-OF=-WAY OF AFORESAID GULF VIEW BOULEVARD, BEING A CURVE TO THE LEFT HAVING A RADIUS OF 28.66 FEET, AN ARC OF 11.98 FEET, A CHORD OF 11.89 FEET AND A CHORD BEARING N7r55'43"W.; THENCE N.8954'00"W. ALONG SAID SOUTHERLY RIGHT-OF-WAY OF GULF VIEW BOULDVARD, A DISTANCE OF 145.71 FEET TO A POINT OF CURVE; THENCE WESTERLL Y ALONG SAID SOUTHERLY RIGHT-OF-ASY OF AFORESAID GULF VIEW BOULEVARD BEING A CURVE TO THE CURVE TO THE LEFT HAVING A RADIUS OF 34.00 FEET, AN ARC OF 23.30 FEET, A CHORD OF 22.84 FEET AND A CHORD BEARING OF S.70027'47''W.TO THE POINT OF BEGINNING. CONTAINING 6256.56 SQUARE FEET OR 0.1436 ACRES, MORE OR LESS. Item # 20 City Council Agenda Council Chambers - City Hall PLEASE NOTE: ITEMS 8.1 THROUGH 8.4 ARE PROPOSED TO BE TAKEN OUT OF ORDER AND HEARD AFTER ITEM 7.5 Meeting Date:4/17/2008 SUBJECT / RECOMMENDATION: Adopt Ordinance No. 7948-08 on second reading, amending Ordinance No. 7371-05, as amended by Ordinance No. 7598-06, which vacated a portion of the 60- foot right -of-way of First A venue (AKA First Street per field) subject to special conditions; amending the conditions by extending the date for vertical construction to March 31, 201 0 and requiring demolition and removal of existing structures on the project site by October 31,2008. SUMMARY: Review Approval: 1) Clerk Cover Memo Item # 21 Attachment number 1 Page 1 of 2 ORDINANCE NO. 7948-08 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING ORDINANCE NO. 7371-05 AS AMENDED BY ORDINANCE NO. 7598-06, WHICH VACATED A PORTION OF THE 60-FOOT RIGHT-OF-WAY OF FIRST AVENUE, (AK.A FIRST STREET PER FIELD), SUBJECT TO SPECIAL CONDITIONS TO AMEND THE SPECIAL CONDITIONS; PROVIDING AN EFFECTIVE DATE. WHEREAS, in Ordinance No. 7371-05, the City of Clearwater vacated the right-of- way depicted in Exhibit A attached hereto, subject to certain conditions; and WHEREAS, Ordinance No. 7371-05 was amended by Ordinance No. 7598-06 to extend the date for commencement of vertical construction to March 3, 2008; and WHEREAS, pursuant to the request of K and P Clearwater Estate, LLC, the "Developer," the City Council finds that it is deemed to be in the best interest of the City and the general public to amend the conditions of the vacation; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. That Section 1 of Ordinance No. 7371-05 is hereby amended to read as follows: The following: Vacate a portion of the 60-foot right-of-way of First Avenue, (AK.A First Street per field), the plat of L1oyd-White-Skinner Subdivision as recorded in Plat Book 13, Page 12 of the public records of Pinellas County, Florida, more particularly described as: From the southwest corner of Lot 55, L1oyd-White-Skinner Subdivision, as recorded in Plat Book 13, Page 12 of the Official Records of Pinellas County, Florida, run thence N05032'30"E along the easterly right of way line of Gulf View Boulevard as shown on said plat a distance of 335.00 feet to the Point of Beginning, said point also being the northwest corner of Lot 48 of said Lloyd White Skinner subdivision, thence N05032'30"E 60.00 feet to the southwest corner of Lot 44, L1oyd-White-Skinner Subdivision; thence S84027'30"E along the northerly right of way line of First Avenue, L1oyd-White-Skinner Subdivision a distance of 192.00 feet; thence S05032'30"W along a line 18 feet west of and parallel with the westerly right of way line of Coronado Avenue as shown on the plat of L1oyd-White-Skinner Subdivision a distance of 60.00 feet to the southerly right of way line of said First Avenue; thence N84027'30"W along said southerly right of way line a distance of 192.00 feet to the Point of Beginning, subject to the following conditions: Ordinance NoI.tem8~M21 Attachment number 1 Page 2 of 2 1) The project described within the Development Agreement between the City of Clearwater and K and P Clearwater Estate, LLC adopted by Resolution 04-39 and as thereafter amended, (the Development Agreement") shall commence vertical construction by no later than March 3,2010. 2) Developer shall demolish and remove existing structures on the project site by October 31, 2008. 3) All public and private utilities shall be relocated the Developer at its own expense and to the approval and acceptance of the utility owners with all out of service utilities removed prior to the completion of the project, 4) This vacation shall become effective only after the Developer grants the 60-foot right of way for Relocated First Street to the City as provided in the Development Agreement. 5) Payment by the Developer of the cost of construction of the relocated First Street or the posting of security sufficient to guarantee construction of the relocated First Street as provided in the Development Agreement. 4) This vacation ordinance shall be rendered null and void if any of the preceding conditions are not met. Section 2. The City Clerk shall record this ordinance in the public records of Pinellas County, Florida, following adoption. Section 3. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Frank V. Hibbard Mayor Approved as to form: Attest: Pamela K. Akin City Attorney Cynthia E. Goudeau City Clerk 2 Ordinance NoI.tem8~M21 City Council Agenda Council Chambers - City Hall PLEASE NOTE: ITEMS 8.1 THROUGH 8.4 ARE PROPOSED TO BE TAKEN OUT OF ORDER AND HEARD AFTER ITEM 7.5 SUBJECT / RECOMMENDATION: Continue Second reading of Ordinance 7949-08 to May 1, 2008. SUMMARY: Meeting Date:4/17/2008 Review Approval: 1) Clerk Cover Memo Item # 22 City Council Agenda Council Chambers - City Hall PLEASE NOTE: ITEMS 8.1 THROUGH 8.4 ARE PROPOSED TO BE TAKEN OUT OF ORDER AND HEARD AFTER ITEM 7.5 Meeting Date:4/17/2008 SUBJECT / RECOMMENDATION: Declare the list of vehicles and equipment surplus to the needs of the City and authorize disposal through sale at the Tampa Machinery Auction, Tampa, Florida, and authorize the appropriate officals to execute same. (consent) SUMMARY: Vehicles and equipment listed have been replaced as necessary or are no longer required. Tampa Machinery Auction is the Pinellas County Purchasing Cooperative Auctioneer of Record. Type: Current Year Budget?: Budget Adjustment Comments: Current Year Cost: Not to Exceed: For Fiscal Year: Other No Budget Adjustment: No Revenue N/A N/A Annual Operating Cost: Total Cost: to Appropriation Code 0566-00000- 364413-000-000- 0000 Amount To be determined Appropriation Comment Sale proceeds Bid Required?: Other Bid / Contract: Review Approval: 1) Clerk No Bid Number: Bid Exceptions: None Cover Memo Item # 23 Attachment number 1 Page 1 of 1 Surplus for April 17, 2008 REASON FOR ITEM# Asset# YEAR DESCRIPTION SERIAL NUMBER MILEAGE SURPLUS I DISPOSAL 1 G0657 1987 Ford E350 Step Van 1 FCJE39H8HHB95875 29,418 Age/Numerous Mech Issues 2 G0704 1994 Ford F350 Dump Truck 1 FDJF37HXRNB62861 70,547 Age/Condition 3 G1595 1996 Chevrolet Cavalier 4 Dr. Sedan 1 G1 JC5245T7247446 87,893 Age/Condition 4 G1811 1997 Myers Seth 6" Trash Pump SPMJGH501164 N/A Age/Condition 5 G2064 1999 Chevrolet Step Van 1 GBKP32YXX3307570 101 ,553 Age/Condition 6 G2095 1999 Ford Taurus 4 Dr. Sedan 1 FAFP52UOXA220851 82,904 Age/Condition 7 G2131 1999 Kubota B7100 Loader/Backhoe 78811 N/A Age/Condition 8 G2141 1999 GMC Sonoma 4x4 Ext Cab Pickup 1 GTDT19XXX8527697 100,533 Age/Condition 9 G2150 1999 Chevrolet Lumina 4 Dr. Sedan 2G1WL52M9X9276314 77,610 Age/Condition 10 G2178 2000 Chevrolet Lumina 4 Dr. Sedan 2G1WL52J5Y1108790 72,791 Age/Condition 11 G2217 2000 Ford F350 Dump Truck 1 FDWF36S4YEB58712 111,038 Age/Condition 12 G2360 2001 GMC Sonoma Pickup 1 GTCS14W818221 022 89,845 Bad Transmission 13 G2364 2001 Chevrolet 3500HD w/Utility Body 3GBKC34G21 M111810 124,418 Condition 14 G2722 2003 Toro Workman 2110 Utility Veh. 230000290 N/A Bad Transmission 15 N/A 19707 Kohler 3000 watt port. Generator 319556 N/A Age/Condition Item # 23 City Council Agenda Council Chambers - City Hall PLEASE NOTE: ITEMS 8.1 THROUGH 8.4 ARE PROPOSED TO BE TAKEN OUT OF ORDER AND HEARD AFTER ITEM 7.5 Meeting Date:4/17/2008 SUBJECT / RECOMMENDATION: Accept funding and approve the corresponding agreement from the Juvenile Welfare Board totaling $116,098 for funding of two middle-school aged summer camp programs and authorize the appropriate officials to execute same. (consent) SUMMARY: The City of Clearwater Parks and Recreation Department has been awarded funding totaling $116,098 for FY 07-08 from the Juvenile Welfare Board. Council approval is required for each subsequent year of the agreement. The City programs a summer camp for economically disadvantaged children aged 10-14 years at the N. Greenwood Recreation Complex and Ross Norton Recreation Complex, serving 140 children aged 10-14 years, camp activities will include: math and reading practice, drama, visual art, poetry, pottery, fitness, swimming, field trips, games and sports. This program is compatible with JWB's Strategic Plan in the following areas: providing a substance abuse program, skill development activities, children aged 10-14 years, community-based activities, structured activities, support from 3 or more adults, quality services and activities while preventing problem behaviors. The City will provide in-kind support to the Middle School Aged Summer Scholarship Program by providing supervisory oversight and some staff and operating fund assistance. 0.76 FTEs have been transferred into this program from existing summer camp staff. $3,120 in operating funds were transferred from an existing summer camp program. There is no requirement to continue the program when the grant ends. The following special project numbers have been established for accounting purposes: 181-99886 - Juvenile Welfare Board! Ross Norton Recreation Center 181-99887 - Juvenile Welfare Board! N. Greenwood Recreation Complex Last FY, the Juvenile Welfare Board combined the summer camp and year round teen programs into one agreement. They were separated this year into two different agreements. The teen program was approved in November 2007. Type: Current Year Budget?: Budget Adjustment Comments: JWB Grant Funding Current Year Cost: Not to Exceed: For Fiscal Year: Appropriation Code 181-99886 181-99887 Review Approval: 1) Clerk Other Yes Budget Adjustment: No $116,098.00 $116,098.00 2007 to 2008 Annual Operating Cost: Total Cost: $116,098.00 $116,098.00 Amount $82,430.00 $33,668.00 Appropriation Comment Cover Memo Item # 24 R . DL L L: 1mJ. 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RI---""t!r ~ . . -- - = ~, - ._n_' _ .!! .O!:=- . ~......----..- -........ . . i:!ll ~ . ~ ".i_~ A~U~~ _ - Attachment nu Page 30 of 31 -aliBI Item # 24 ~ "'IIIi:~ ;'":::;, ::l~, - ~ D . . - ..r.... . ~;;.~}~^~r7. ~.t _ ;:" ~ /~1Y\~j~ >;{~'~ !iii! ~nt numbe1'7 Page 31 of 31 Item # 24 City Council Agenda Council Chambers - City Hall PLEASE NOTE: ITEMS 8.1 THROUGH 8.4 ARE PROPOSED TO BE TAKEN OUT OF ORDER AND HEARD AFTER ITEM 7.5 Meeting Date:4/17/2008 SUBJECT / RECOMMENDATION: Approve a Contract (Blanket Purchase Order) for $3,930,000 to McMullen Oil Company, Inc, of Clearwater, FL for the purchase of unleaded and diesel fuel for City Motorized equipment as per Transport award of City of Clearwater RFP 12-05 and authorize the appropriate officials to execute same. (consent) SUMMARY: This blanket purchase order covers the purchase of unleaded and diesel fuel delivered to the City fuel facility located at the Solid Waste compound on Hercules Ave. This fuel is used for all City equipment. This is the 4th year of a 5 year contract. Type: Current Year Budget?: Budget Adjustment Comments: Current Year Cost: Not to Exceed: For Fiscal Year: Purchase Yes Budget Adjustment: None $3,930,000 Annual Operating Cost: Total Cost: $3,930,000 5/1/08 to 4/30/09 Appropriation Code 566-06611-550500-519-000 Review Approval: 1) Clerk Amount $3,930,000 Appropriation Comment BPO Cover Memo Item # 25 City Council Agenda Council Chambers - City Hall PLEASE NOTE: ITEMS 8.1 THROUGH 8.4 ARE PROPOSED TO BE TAKEN OUT OF ORDER AND HEARD AFTER ITEM 7.5 SUBJECT / RECOMMENDATION: Appoint councilmembers as representatives on Regional and Miscellaneous Boards. SUMMARY: Regional and Miscellaneous Boards 2008 Appointments Board (Date/Time of Meeting) Tampa Bay Regional Planning Council (TBRPC) (2nd Monday - 10:00 a.m.) Delegate Petersen Mayor's Council of Pinellas County (1st Wednesday - 11:30 a.m.) Hibbard Barrier Island Governmental Council (4th Wednesday - 9:00 a.m. -location TBA for each meeting) Cretekos Doran - All. Tampa Bay Partnership Board of Governors (as called) Hibbard Tampa Bay Partnership Policy Board (bi-monthly - 9:00 a.m.) Hibbard Tampa Bay Estuary Policy Board (Quarterly - 1:30 p.m.) Councilmember highly recommended Gibson Homeless Leadership Network Petersen Doran Courtney Campbell Scenic Highway Citizen Advisory Committee (3rd Friday - 11 :00 a.m.) Doran Area Agency on Aging of PascolPinellas (bi-monthly - 1 :30 p.m. 2nd Monday) Kerry Kimball Office on Aging Mgr Pinellas Collaborative Committee (1st Wednesday - 9:00 a.m.) Cretekos School Transportation Safety Committee Cretekos The following Boards have the specific term expiration date noted: Pinellas Planning Council (PPC) (3rd Wednesday - 9:00 a.m.) (term expires 12/31/2008, two-year term) Doran Pinellas Suncoast Transit Authority (PST A) (4th Wednesday - 9:00 a.m.) (term expires 9/30/2009, three-year term) Gibson Metropolitan Planning Organization (MPO) (2nd Wednesday - 1:00 p.m.) (term expires 9/11/2009, four-year term) Hibbard Meeting Date:4/17/2008 Cover Memo Item # 26 Sister Cities Advisory Board (term expires 12/31/2010, four-year term) Petersen Pension Advisory Committee (PAC) (2nd Thursday - 9:00 a.m.) (two-year term) Petersen 4/4/2009 Gibson 4/4/2008 Doran 4/4/2008 Appointments by other entities Downtown Development Board Ex-Officio Members (CRA Trustees) Petersen Doran Convention Visitors Bureau (CVB) (County makes appointment) Petersen WorkNet Pinellas Board (term expires 6/30/2009, two-year term) Cretekos u.S. Conference of Mayors Hibbard Florida Conference of Mayors (FLC) Hibbard Review Approval: 1) Clerk Cover Memo Item # 26 City Council Agenda Council Chambers - City Hall PLEASE NOTE: ITEMS 8.1 THROUGH 8.4 ARE PROPOSED TO BE TAKEN OUT OF ORDER AND HEARD AFTER ITEM 7.5 Meeting Date:4/17/2008 SUBJECT / RECOMMENDATION: Authorize instituting a civil action on behalf of the City against Florida Power Corporation, and Florida Power Corporation d/b/a Progress Energy Florida, Inc., to seek to recover costs and expenses incurred during the construction of improvements on Myrtle Avenue. (consent) SUMMARY: During the Myrtle Avenue reconstruction project from 2003 to its completion in 2006, Progress Energy failed to resolve conflicts with existing above ground utilites and buried utilities in a timely manner during the reconstruction process. As a result the City was required to expend funds to compensate the contractor for time delays, redesign, and additional work. The total amount claimed against Progress Energy is $464,082.17. The legal department requests authority to bring a legal action against Florida Power Corporation, and Florida Power Corporation d/b/a Progress Energy Florida, Inc. (including all other subsidiaries and related corporations as necessary to obtain relief), to recover damages for the additional costs and expenses incurred by the City. The costs relative to this action will include a $255.00 filing fee and fees for service of process of approximately $200.00. Type: Current Year Budget?: Budget Adjustment Comments: Current Year Cost: Not to Exceed: For Fiscal Year: Appropriation Code 010-09600- 548000- 514-000- 0000 Operating Expenditure Yes Budget Adjustment: No $455.00 Annual Operating Cost: Total Cost: $455.00 $455.00 10/01107 to 09/30/08 Amount $455.00 Appropriation Comment Bid Required?: Other Bid / Contract: Review Approval: 1) Clerk No Bid Number: Bid Exceptions: None Cover Memo Item # 27 City Council Agenda Council Chambers - City Hall PLEASE NOTE: ITEMS 8.1 THROUGH 8.4 ARE PROPOSED TO BE TAKEN OUT OF ORDER AND HEARD AFTER ITEM 7.5 Meeting Date:4/17/2008 SUBJECT / RECOMMENDATION: Terminate the PGP Gas Supply Agreement and its obligations previously adopted under Resolution 04-34 and adopt Resolution 08-05. SUMMARY: On February 15,2008, the Florida Gas Utility (FGU) Executive Committee authorized the reassignment of FGU' s share in the Public Gas Partner (PGP) Pool 1 , termination of FGU's PGP Project, and subsequent withdrawal by FGU from PGP. The City of Clearwater originally approved the FGU's PGP Gas Supply Agreement 1 by Resolution 04-34 on December 2, 2004, to include the proposed form of the Natural Gas Production Sharing Agreement for Gas Supply Pool 1. Several factors led to FGU's decision to terminate the PGP project, but the primary factor was that the level of effort and workload associated with the PGP gas, especially once permanent financing is required and physical delivery of the gas begins, will make the project uneconomical for the volumes available to FGU, when compared to other potential alternatives for discounted gas supplies. The other non-FGU partners in PGP are still desirous of amending the Production Sharing Agreement to re-open the acquisition period and to change reserve criteria from Proved Developed Producing (PDP) to Proved. This may increase the likelihood of success in acquiring additional properties but increases the reserve risk factor, which Clearwater Gas and the other FGU partners do not recommend.. FGU will receive a lump sum payment from PGP on behalf of the other non-FGU PGP members that will take assignment of FGU's share for $270,000. This will be the full and complete payment from PGP for FGU's interests in the assets of Pool 1. FGU has deferred development costs of just over $200,000 which will be paid from the payment. Any additional legal fees associated with documents related to the assignment and termination of the project will be paid from the $270,000 payment. Any remaining funds after the payment of all of the obligations will be distributed to the FGU project participants in proportion to entitlement shares as reflected in FGU's PGP Gas Supply Agreement 1. The lump sum payment is in addition to the $0.20/MMBtu distribution that the FGU project participants have received since June 2006. Type: Current Year Budget?: Budget Adjustment Comments: Current Year Cost: Not to Exceed: For Fiscal Year: Review Approval: 1) Clerk Other Yes Budget Adjustment: None Annual Operating Cost: Total Cost: to Cover Memo Item # 28 RESOLUTION NO. 08-05 A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA, TERMINATING THE PGP GAS SUPPLY AGREEMENT AND ALL OBLIGATIONS RELATED THERETO AS PREVIOUSLY ADOPTED UNDER RESOLUTION 04-34 ON DECEMBER 2, 2004; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Clearwater, in its capacity as a Member of Florida Gas Utility ("FGU"), approved and adopted Resolution No. 04-34 on December 2, 200t4:~rttl6l: number 1 "Resolution") approving the form of the PGP Gas Supply Agreement, with the pr~os&d form of the Natural Gas Production Sharing Agreement for Gas Supply Pool No. 1 (the "Production Agreement") by and between Public Gas Partners, Inc. ("PGP") and Florida Gas Utility, as amended, attached thereto; and WHEREAS, the City of Clearwater, in its capacity as a Member of FGU, hereby approves the termination of the PGP Gas Supply Agreement and its obligations under Resolution 04-34 and the PGP Gas Supply Agreement, and releases FGU from all obligations thereunder, to be effective subject to all necessary actions of the PGP Board and Operating Committee in approving the express assumption by other members of PGP, of all duties, responsibilities and obligations that FGU may have presently, in the future, or which may have accrued or otherwise, through an assignment; and WHEREAS, upon the effective date of the assignment of FGU's interest in the Production Agreement to other members of PGP, the City of Clearwater shall be consequently released of all obligations under Resolution No. 04-34, the PGP Gas Supply Agreement, and the Natural Gas Production Sharing Agreement for Gas Supply Pool No.1; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The City Council hereby approves the termination of the PGP Gas Supply Agreement and its obligations thereunder to be effective upon the effective date of the assignment of FGU's interest in the Production Agreement to other members of PGP or as otherwise provided by the terms of such assignment. Section 2. The officer or officers authorized in Resolution 04-34 are hereby authorized to execute and deliver a formal termination and release of the PGP Gas Supply Agreement, if requested by FGU. Section 3. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this day of ,2008. Frank V. Hibbard City Council Agenda Council Chambers - City Hall PLEASE NOTE: ITEMS 8.1 THROUGH 8.4 ARE PROPOSED TO BE TAKEN OUT OF ORDER AND HEARD AFTER ITEM 7.5 Meeting Date:4/17/2008 SUBJECT / RECOMMENDATION: A ward Design Build Contract for the Downtown Boatslips project to Misener Marine Construction, Inc. in the amount of $10,522,765.05 and authorize the appropriate officials to execute same, and authorize staff to initiate financing of the project, and authorize funding from Central Insurance Fund reserves in the amount of $2,736,097 to advance the $1.5 million to be paid by the CRA over 3 years and the $1,236,097 of grant funds anticipated once the permitting is complete. SUMMARY: As a result of the March 2007 referendum which approved the downtown boat slips project, work began on the "Design Build" phase of this waterfront project. A request for proposal (31-07) produced three bidders (two qualified). The two qualified bidders were interviewed, then rated and ranked based on the criteria outlined in the RFP. Misener Marine was ranked highest of the respondents, for which subsequent negotiations with the designlbuild team proved successful. The proposed design contains 132 wet slips in addtion to approximately 1800' of side tie mooring and 630' of free transient mooring. Design and permitting is expected to be completed by December 31, 2008. The construction phase is to begin the first of the year (2009) and expected to be complete by June 30, 2009. The estimated $12,972,350 cost of the project consists of the following: Boat Slips: Construction Contract $10,522,765 5% contingency $ 526,138 $11,048,903 Upland Improvements: Sidewalks, curbs, lighting, etc. Restrooms/Dock masters office Electric Water, Sewer, etc. Fumiture/Equipment Misc. 10% contingency Public Art Total Costs $128,439 $12,972,350 The funding for this project: Financing Proceeds $10,250,000 Central Insurance Fund Reserves Advance for CRA$I,500,000 Advance for Grant 1,236,097 2,736,097 DDB FY07 FY08 50,000 50,000 100,000 Less: Spent to Date (113,747) Totol Funding $12,972,350 $808,114 $246,154 $321,260 $149,755 $75,000 $31,542 $163,183 $1,795,008 A budget amendment to reflect the above budget and funding will be made as part of the mid-year budget amendments. Type: Current Year Budget?: Item # 29 Debt-Bond Yes Budget Adjustment: Yes Budget Adjustment Comments: Current Year Cost: Not to Exceed: For Fiscal Year: Appropriation Code 0362-93405-563800-575-000- 0000 0315-93405-563800-575-000- 0000 10,522,765.00 Annual Operating Cost: Total Cost: Bid Required?: Other Bid / Contract: Review Approval: 1) Clerk to Amount 10,151,653.00 Appropriation Comment 371,112.00 Yes Bid Number: Bid Exceptions: None Cover Memo Item # 29 Prepared by: MS Downtown Boat Slips Final Budget 2008 Estimated 2009 Proposed Cost Category Construction Cost Budget Boat Slip Improvements Dock System Installation $4,348,330 Piling and Pile Driving $2,175,310 Subtotal $6,523,640 7,479,723 Plumbing System $494,208 477,819 Electrical System $945,067 1,867,232 Security System $68,694 87,939 Rip Rap Existing Seawall $326,297 167,920 Bonding (from below 1) 111,481 Engineering and Permitting (Included in above) 612,866 Less Sales Tax Savings (Min) (282,215) Contract Total 10,522,765 5% contingency (from below 2) 526,138 Upland Improvements Parking Lot Improvements $76,708 moved to parking Other Upland Improvements (upland enhancements) 808,114 Demolition of existing - $139,036 Sidewalks - $204,197 Curbs - $96,800 Landscaping - $128,486 Drainage/Erosion Control - $71,665 Furniture (beaches/trash) - $10,100 Bollard lighting - $97,400 Other lighting - $37,030 Traffic (veh, bollards, striping)- $23,400 Restrooms/Showers/Dock $246,154 246,154 Master Office Utilities Electrical $460,250 321,260 Water, Sewer, Fire $170,590 149,755 Cable/Telephone Furniture/Equipment - office/docks 75,000 Miscellaneous 31,542 Uplands Total 1,631,825 10% contingency (from below 2) 163,183 Other Related Costs Performance Bond $190,740 (to above 1) Preparation of Design Criteria Package & $34,347 (already included SUB TOTAL $225,087 $9,536,695 $1,430,504 (to above 2) Contingency (15%) Attachment number 1 Page 1 of 2 Item # 29 4/18/200810:58 AM Bayfront Project Summaries Attachment number 1 Page 2 of 2 Downtown Boat Slips - 93405 Fund 315 Budget Special Development Fund 436,796 Downtown Development Board #1 50,000 486,796 Expenditures Financial Feasibility/Market Study 48,000 Professional Services (Eng/Arch) 305,044 Mise, Public Communications 19,036 Other 5,226 (377,306) Open Commitments Professional Services (Eng/Arch) 74,890 (74,890) Available Balance 34,600 Additional Budget CRA (FY09-FY11) 1,500,000 Less CRA to public art (78,439) 1,421,561 Total Available for Construction 1,456,161 Fund 362 (Bond Funded) Budget Bonds - construction proceeds 10,250,000 Expenditures Professional Fees 92,408 Mise, 500 (92,908) Open Commitments Professional Fees 5,439 (5,439) Total Available for Construction 10,151,653 Fund 325 (Public Art) Budget DDB #2 (FY08) 50,000 CRA (FY09) 78,439 Total Available for Public Art 128,439 Summary Currently Available in 315 1,456,161 Currently Available in 362 10,151,653 Total Currently Available 11,607,814 Grant Awarded 1,236,097 Potentional Pump Out Grant ? Total Available for Construction 12,843,911 (0) Available for Public Art 128,439 Total 12,972,350 Prepared by: MS Item # 29 4/18/200810:58 AM Attachment number 2 Page 1 of 1 \~ ~ "'-~ ., "'~"'h "h I~, " "'<:l~ - ~,,- ~,~~ ~~~ ~ I I I mil E IJ:I: :lInnIGl 11m ~. ..... Attachment number 3 Page 1 of 1 u I nteroffice Correspondence Sheet From: City Council Margie Simmons, Finance Director To: CC: Bill Horne, City Manager; Rod Irwin, ACM; Jill Silverboard, ACM; Pam Akin, City Attorney; Cyndie Goudeau, City Clerk; Bill Morris, Marine and Aviation Director; Mike Quillen, Engineering Director Date: April 18, 2008 Downtown Boat Slips - Financial Projections with $2 Million Special Development Fund Unreserved Retained Earnings RE: Per discussion at Monday's work session, I have updated the downtown boat slip projection worksheets based upon a buy-down of the debt of $2 million from the Special Development Fund undesignated retained earnings. As mentioned during the meeting, theses funds are an accumulation of interest earnings on special development fund monies that don't require that the interest earnings be reserved for specific purposes. I have shown three separate scenarios. For each scenario, I have left the PilOT in place. 1. I used the same beginning slips rates as the original study ($15.50 permanent, $2.00 transient) and the same occupancy rates as the original study (90% year 1/100% thereafter for permanent, 43% internal transient, 21 % external transient). The results show a positive average net income of $235,060 over the 40-year projection period. The payments into the repair and maintenance fund over the 40 years for this scenario is the original $12.7 million. 2. Used the same beginning slip rates ($15.50 permanent, $2.00 transient), but adjusted the occupancy rate downward to achieve a positive net income in all years of the projection period. In order to have positive results in years 20 - 40, the payments into the repair and maintenance fund were reduced to $10.1 million over the 40 years. The results show permanent occupancy rates of 65% in year 1 and 95% thereafter, internal transient rates of 21 % in year 1 and 33% thereafter, and external transient rates of 11 % in year 1 and 16% thereafter. The average net income over the 40-year projection period is $63,807. 3. Used the same occupancy rates as the original study (90% year 1/100% thereafter for permanent, 43% internal transient, 21 % external transient), but adjusted the permanent rates downward to achieve a positive net income in all years of the projection period. In order to have positive results in years 20 - 40, the payments into the repair and maintenance fund were reduced to $11.2 million over the 40 years. The results are a permanent slip rate of $12.00 (transient rates were left at $2.00 since that is the rate we are currently charging). The average net income over the 40-year projections period is $59,521. I hope this provides the information you requested. Please feel free to contact me if you have any questions. Item # 29 ~ I! '" 1i '", <5 l!"1 ii . "'~ 00000000000000000000000000000000000000000000000000000000000000000000000000000000 mmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmm NNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNN . .................. . .................... j ~ ~ III c..~ ~~~ o ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ . 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" ;~~2;~~2~~~~i~~~~~~~~~~~~i~i~~li~~g~I~~1 ; I~I ~ ~NOOM~mOvmO~MOOON~~mON~~mMOONMMN~NOO~~OONMomo Mm~o~o~m~~v~M~~Nm~mv~vNNvN~mMON~~NOON~~~~ ~~~i~~~i~~i~~~~~i~~ii~i~~~~~~ii~~i~~ii~~ ~ .. ~:l ~ :g = :0 v~m~~NmOMN~V~~~m~~O~VNV~~OON~ONN~~~NM~VVN ~~O~~M~OO~OOO~N~~vvOOONOON~~~mONNM~~m~NmOO~N~ Moooo~mNm~m~OvvOMMOv~~~Mm~~~~MM~ooom~~M~~vO ~~*~~~~~~~~~g~~~~~~~g~~~*~g*E~~ggg~~g~g~ moovvm~~m~~~m~oom~~mmM~NMMM~~~m~vvmvN~MMN~ NN~~N~~Moo~~m~~~m~M~OO~v~OOON~mv~O~v~~vNv~M 'oov~moo~~oomN~OOMm~N~oo~~mvooo~~~~ovm~MNNv~NOO g~~~~~g~gg~~~g~~~*g~~~~~~m~~~~~~~~~~~ggg ~~~~~~~~~~~~~~~~~~~NNNNNNNNNNNNNNNNNNNNN MOVVOOOO~OOOO~MOON~~~~~m~NOOM~N~o~mvmvO~~MNMV~ OMNM~O~N~N~m~v~~NmOOO~O~vMNMv~OvO~vMMv~mM MO~O~O~NOOvO~MO~vNm~~~~vvvvvvv~~~~~oomO~Nv gggiigggg~gg*gg~~~g~gg~g*~~gg~~~g~~~EEt~ ~~OOOOOOO~~VO~~~VO~NMO~MMOOMOO~N~~oomMNmm~~ooo~ o~m~omN~~~M~~~vMOv~~MmM~m~Mv~OO~~NmmNoo~m~ ~Mm~v~omoooomON~OON~NOO~M~~~N~OON~M~mmm~~m~N~ ~ig~~~g~gg~~~~~~i~*~gg~~g~ES~~~E~E~~~~~g ~~N~MOOvm~O~~~NOOvm~O~~~NOOMmvO~~~N~MOOvm~o~ Nom~~vM~om~~vM~OOO~~vM~OOO~~vM~OOO~~vN~moo~~ vmMOOMOOMOOM~N~N~N~~~~~~~~~o~o~o~mvmvmvOOMOOM ~~~~~~~~~~~*~~~*g~~~~~~~~~~*~~g*~~g~~~g~ O~O~O~O~O~O~O~O~O~O~O~O~O~O~O~O~O~O~O~O~ ON~~ON~~ON~~ON~~ON~~ON~~ON~~ON~~ON~~ON~~ ~~NM~~~OOO~NM~~~OOO~NM~~~OOO~NM~~~OOO~NM~~~OO ~~~ci~ie~~~~i~0~~~~i~~~~ii~~~~=~~~~ci~ie~ci ~ ;! 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" ~.E ~ it: @ E "~ a: '" ~ ~ " 0 a: ~ ~ 0 Attachment number 4 Page 3 of 3 II __a .. . -.a CLEARWATER DOWNTOWN partnership Executive Board Chairman Dwight Matheny Art Glass Studios Vice-Chair Howard Warshauer Treasurer Bob Clifford Synovus Bank Secretary William Sturtevant Member Stu Sjouwerman Sunbelt Software Member Jenny Esno 1st Continental Mortgage Member Joy Gendusa PostcardMania Member Dean Nichols PO Box 396 Clearwater, FL 33757 Phone: 727-461-9612 L-j_l1-0'& ~\\.:.; 14 April 2007 Dear City Council, The Clearwater Downtown Partnership would like to take this opportunity to express our continued support for the Boat Slip Project that was successfully approved by referendwnin March 2007 by the citizens of Clearwater. We understand that you are at an important juncture in the process ofbuilding the boat slips and are considering awarding the contract to the Misener Marine Construction company. We support the awarding of this contract and would like to see the project move forward on schedule and as quickly as possible. We would like to recommend that provisions be included in the contract that encourage an ''On Tune" or an ''Early'' completion of the project. 1bank you for your service. Clearwater Downtown Partnership TAMPA BAY'S NEW DESTINATION City Council Agenda Council Chambers - City Hall PLEASE NOTE: ITEMS 8.1 THROUGH 8.4 ARE PROPOSED TO BE TAKEN OUT OF ORDER AND HEARD AFTER ITEM 7.5 Meeting Date:4/17/2008 SUBJECT / RECOMMENDATION: Fund approximately 50% of the $7.5 million planned debt issuance for Beach Walk from General Fund Reserves. SUMMARY: Part of the City's budget strategy this year includes the possibility of funding a portion of Beach Walk that was originally planned to be funded with a 20-year bond issue with reserves from the General Fund. Funding a portion of this debt from reserves would eliminate part of the annual debt service payments from the General fund in the below approximate amounts: Funded from Reserves 100% 75% 50% 25% 0% Debt Reduction $630,000 $475,000 $315,000 $155,000 Funding approximately 50% of the debt from reserves instead of issuing bonds this would eliminate the $315,000 debt service payment each year from the General Fund. The debt payments were budgeted in FY08, therefore, the elimination of this debt payment would help with balancing the deficit that results from Amendment 1 and the overall downturn in the economy. The General Fund reserves, which at first quarter had approximately $25.3 million in total general fund reserves, or 20.5% of the current year's General Fund budget, has excess reserves of $14.8 million. The Central Insurance Fund has approximately $24 million in excess reserves. The municipal tax-exempt bond market is in a deep crisis, and insurance and surety costs are 3 times what they are normally. For a 20-year bond issue, the all-inclusive cost would be around 5.15%. This is about 1.00% higher than the rates were 4 months ago. Bank loans are much more cost-effective right now, with an all-inclusive cost of approximately 4.50% for a 20-year bank loan. The cuts by the Federal Reserve have not reduced municipal tax-exempt bond rates, as most people assume. The municipal tax-exempt market crisis is due to the bond insurer's insurance of pools of sub-prime mortgages, which have caused their downgrades and financial insolvency, and eroded the confidence of municipal tax-exempt investors. At the same time, the earning rate on our cash pool (the City's investments) is at 4.5% and falling. Our overnight rate is from 2.25% to 3% and our most recent investment purchases are yielding from 2.44% to 5% depending on the issuer, call ability, and the maturity. These factors, particularly combined with the economic recession and Florida tax reform, highlight the need for conservative fiscal management more than ever. Originally, the City was going to fund Beach Walk and the Downtown Boat Slips in the same 20- year bond issue. Since we are now moving forward with plans to fund the Boat Slip project, staff needs to verify that the Council agrees with our proposed strategy for funding Beach Walk. If this strategy is accepted, a mid-year budget amendment will reflect the above proposal. Review Approval: 1) Clerk Cover Memo Item # 30 City Council Agenda Council Chambers - City Hall PLEASE NOTE: ITEMS 8.1 THROUGH 8.4 ARE PROPOSED TO BE TAKEN OUT OF ORDER AND HEARD AFTER ITEM 7.5 SUBJECT / RECOMMENDATION: City Manager Verbal Reports SUMMARY: Meeting Date:4/17/2008 Review Approval: 1) Clerk Cover Memo Item # 31 ~ '-{.11-0Z ~/; Irwin, Rod From: Sent: To: Subject: Orr, Courtney Thursday, April 17, 20085:16 PM Irwin, Rod E-newsletter and Announcement/Subscription Postcard Rod, I've attached a copy of the Cleveland Street District's new e-newsletter, which will go live tomorrow afternoon on the current downtown Web site. One way we are directing people to the site is through the first attachment--the announcement/subscription postcard. This postcard will be mailed tomorrow morning to 9,700 households within a three mile radius of City Hall. The postcard invites people to view the e-newsletter online, as well as sign up for future editions to be delivered directly to their personal e-mail account. Lastly, attached is the Cleveland Street District logo use application. I'll ask Doug for this to be posted on the Web as well. More things to come....work is in progress on the new Web site, which will be www.c1evelandstreetdistrict.com If you have any questions, please let me know. Thanks, .f .' Postcard for STREETSCENE pril-May newslet. >ril-May 2008,pdf CSD Logo Request.pdf Courtney Orr City of Clearwater Community Redevelopment Agency Downtown Manager 112 S. Osceola Ave. Clearwater, FL 33756 727 -562-4022 727-562-4075 (Fax) 1 ~ Cle~ ::~ U~ Frank Hibbc John Doran, Vice~Mayor George Cretekos, Councilmember ,.T"" Ow' ~,~.::V~::::ND 5 T r e e t see n e ~ New Prospects for Prospect Lake Site The artists rendering above shows how Miles Development plans to bring a metamorphosis to the Prospect Lake area with 16,000 square feet of retail space and 249 rental housing units in the downtown core. the inside 5 C e n e · Retail Recruiter, 2 '. Business Fa~ad, Help,3 · DQ\Ilffttown M~n~ger~ 4 · D~~tcJctLog~'4 '. East Gateway Update,s " "t} t, ..., R' A"'.. ,~ f' : M", ! ; i ::. .J1 \,~~i" I' , 'f. l ,- -A ,.,~ S. :::: :::.. _u 1= -- .. ili~ ~ 5Treetscene The project l'!Yout shows the developers vision of a pleasant communi!y space in a central cour!Yard with a swimmingpool surrounded ~ residential units, Additional townhome apartments would be built on Prospect Lake 's east side. . I,' .' . ". level and Street District visitors in the not-so-distant future will ; see progress at the corner of Cleveland and Prospect streets when a mixed-use residential project begins to take shape, Miles Development Partners of Atlanta, Georgia was selected at the February Community Redevelopment Agency (CRA) meeting to develop the Prospect Lake site, Out of nine development teams from across the nation that submitted proposals, Miles was selected because of their proven record of success with mixed-use "vision" projects similar to this site, a clear indication of their capacity to construct the project within the City's timeframe and a clear indication that the developer and project could readily attract the requisite financing, The Miles proposal anticipates a mixed-use residential project with approximately 249 market rental units and 16,000 square feet of retail. Inclusion of an affordable housing component is planned, The CRA through a development agreement and purchase contract terms, and the Community Development Board through a development order will define the specifics of the project. We'll be sure to provide information as this exciting project unfolds. . STreetscene CRA Hires Retail Consultant The Community Redevelopment Agency (CRA) '. has hired a professional consultant for retail : recruitment and marketing services for Downtown Clearwater, This consultant, with expertise within downtown/urban revitalization districts, will work with the CRA, the Downtown Development Board (DDB) and existing businesses and property owners to support and enhance the existing retail base within the Cleveland Street District. In January, a Request for Proposals (RFP) was released, which resulted in seven firms from around the country ultimately vying for the opportunity, The RFP outlined the following services to be provided by the consultant: 1. Develop a strategy for retail recruitment and repopulation of the retail spaces in the Cleveland Street District, consistent with the "cafe socie!y" vision and market characteristics. 2. Develop a marketing and leasing plan to implement the retail strategy. 3. Assist and counsel the CRA with retail contacts and negotiations with propertY owners/retail prospects. These services will support the overall strategy for downtown revitalization, which seeks to implement infrastructure improvements, attract residential development The ci9s new consultant will work with the CRA, the DDB and existing businesses in the Cleveland Street District to support and enhance the retail base downtown, and create a "destination." The RFP marks the next step in the CRA's program for downtown revitalization which to-date has included the Downtown Market Study, Fa<;ade Design Analysis suggested the" cafe society," revised Fa<;ade Improvement Program and Sidewalk Furniture Grant Program; and downtown branding, In March, the CRA awarded a contract to Economics Research Associates/Downtown Works of Washington, D, C. ERA will commence work within the next few weeks subject to successful negotiation of a contract for services consistent with their proposaL The maj or determinants of the decision to recommend ERA included: Successful experience with the 9Pe of downtown retail strategy and recruitment effort envisioned for the Cleveland Street District A practical, "hands-on" approach to the engagement that minimizes duplication of work alrea& completed Iry the CRA A strong emphasis on develoPing in-house capaci9 for the client to facilitate continuation of a successful recruitment effort after the conclusion of the consultant engagement ERA is an international consulting firm concentrating in economic and market 'analysis, financing and implementation approaches for a wide range of real estate development projects. ERA has completed over 16,000 assignments throughout North America and over 50 countries since 1958, In the process, the firm has made important contributions to some of the worlds most innovative and successful development projects. To learn more about ERA, visit www.econres.com. .' ,~:JIl,t . . Two When the CRA commissioned the Fa\=ade Design Analysis for Cleveland Street, the three goals included: Identify opportunities for fafade improvements along Cleveland Street from Osceola to J1yrtle avenues Prepare illustrative concepts of fafade improvements to selected buildings Establish a vision for building design and character, reflective of Clearwater's unique character It was determined that the city provide grants and loans to property owners whose intended renovations and improvements contributed to the" cafe society," initially limit the program to Cleveland Street from Osceola to Myrtle avenues and adjacent properties north and south one block and require all recipients to agree to a set of covenants that assure their ongoing support and participation in the "cafe society" or Sidewalk Cafe District. The "cafe society" ":tt 'r: This building owner took advantage of the fafade grant program to restore the historic character of the ci!y s original telephone exchange building, Dunkin Donuts and Baskin Robbins will soon fill the first floor space, promotes a sidewalk cafe environment integrated wi thin the new streets cape , The Fa\=ade Improvement Program assists property owners by providing design services funded by the Downtown Development Board (DDB), up to $10,000 of matching grant funding and up to $25,000 of zero-interest loan funds. Another component of the Fa\=ade Improvement Program is the Sidewalk Cafe Furniture Grant Program, The DDB funded this program that is coordinated through the CRA. Qualified property owners or tenants within the Cleveland Street District are eligible for one-time grants of up to 75 percent of the total furniture cost. This financial assistance program allows for a maximum of $2,500 per approved grant for outdoor furniture specified in an approved site plan from the City's Planning Department. For more information about any of the Fa\=ade Improvement Program components, please contact Downtown Programs Coordinator Anne Fogarty at (727) 562-4044. STreetscene iJEE -.I llw j\{fW DOi!l)f!iown lHDflDgf." iM' " ," any Clearwater leaders are already familiar with Courtney Orr's work with Pinellas County, the Greater Clearwater Chamber of Commerce, and a number of other local initiatives, but she has a new role to play that will make her an even more familiar figure in the city. Recently hired as the new Downtown Manager for the city of Clearwater, she's taking on the development and coordination of the marketing for the Cleveland Street District, In addition, Orr is now handling communications, retail recruitment and downtown special events planning, Other duties include administering the Downtown Fa<;ade Improvement Grant and the Community Redevelopment Agency Retail Assistance programs and providing support to the Downtown Development Board and the Main Street Program. Most recently a manager for the Pinellas County Connection Center, Orr brings to the table nearly 10 years' experience in government affairs, public relations, budget management and events planning. Rod Irwin, Assistant City Manager said, "The Cleveland Street District and Downtown are entering an exciting new time and we think Courtney is the perfect person to lead us into this new era." Orr has a bachelor's degree from Indiana State University and a master's in business administration from] ones International University, She is also a graduate of Leadership Pinellas and has been involved in the Tampa Bay Regional Coalition, Clearwater Main Street Program, Mayor's Business Beautification Recognition Committee, Courtney Campbell Scenic Highway Committee and the Clearwater Resident Engagement Project. Help us welcome Courtney to the city team! '(I, 1 ~ ~ ~ 1 ~ ~ t \ \ Cleveland Street Logo . Unveiled! The Cleveland Street District logo debuted at the December 2007 streetscape construction completion celebration. The Downtown Development Board (DDB) was instrumental in initiating a neW logo for downtown, which ultimately earned approval by the Community Redevelopment Agency (CRA) thereby creating a new brand identity for downtown Clearwater. Residents and visitors will become more and more familiar with this offlciallogo as it is placed on banners, at events and on the new Cleveland Street District Web site. We hope everyone will begin to feel the new energy reflected in the logo that captures the improvements in downtown and the positive direction for the district. Along with the adopted Cleveland Street District logo, the CRA passed the logo's use guidelines that guide users in the appropriate use and application of the logo in marketing and other materials. If you would like to learn more about these guidelines and using the offlciallogo, contact Courtney Orr at (727) 562-4022. (t, JesiJeltts and bwiTMSSeS in the dolMlttow'll COH willlMgin to recognil:e the new CJ.vekmd &net District logo that will M1t povide a new identi!Y for the ana, es;ecialJy as iUillts and actiuiti~s &ring IIWP' p.o;la -.wlM'II. Loot for the l'WIwlogo kau,s Q'II...~ and QR oNur disirict-nWed itelN in the fUM', . <II Four STreetscene East Gateway District: Its Time Has Come Again Visitors to the East Gateway District can see renrinders of its 1950's heyday when new motor courts, restaurants and shops helped serve Clearwater's ever-popular tourism industry. But the newness wore off and public preferences changed over time, and the once thriving business district and residential neighborhood at the edge of downtown became a scene of vacant storefronts and deteriorating housing. Recognizing the importance of the East Gateway District as the front door to the Cleveland Street District and Clearwater Beach, the Community Redevelopment Agency initiated a community planning process to help restore vitality and livability to the area. Residents, businesses and organizations helped to create the East Gateway District Five-Year Action Program. Its goals are to engage the neighborhood's diverse interests in the revitalization effort, to achieve stability by addressing social, economic and physical issues, to establish a unique and positive identity for the area and to attract new businesses and residents, To llchieve these goals, the CRA will consider a comprehensive set of actions at its May 13 meeting. If you'd like to view the Action Program draft, visit: http://www.myclearwater.comlgov/deptsl econ...deveVcralplans-prog.asp or call TlllIllIlY Vrana for more infor;m.ation at 562-4047. .. ~- I" -' illi .J,'.I..~"I' '. ",,~!r~j:~:~, ,,;: ,', 'l. .. ~ \" I. \,' · ,.. . , ,~ ",', ,v_ ,'--;''0 :' --~"> ~ .,&~"'""- ,,l'~.~:'t.,:, ,'" ' ' . ~~ !' !t..",- . *{l~ 'i. f ., ,~.~ In the 1950s, motels like this one served Clearwaters tourism market in the East Gateway, but these accomodations lost their charm as tisitor tastes changed over theyears. The area, that had long been in decline, is now targeted for revitalization, ~' "~,- ,~--:"'1! 14a4[lf~' ',.' UI.~ ~ ,.' Many things are , Clearwater DDB fb;M~~ja e-newsletter as a way tQ cq~e th. exciting projects, Over the past year the DDB :bu,~ busy with projects to assist businesses during thesti:'l!letacape construction. They helped to fund the Boat Slip Referendum, and agreed to fund construction and maintenance for the next 10 years. In this issue you've read about the new logo for the Cleveland Street District which the DDB initiated. Also, look for the directory signs they funded on Cleveland Street, the art sculptures that will grace the district's new medians and a sidewalk cafe furniture grant program that is available to merchants. They continue to fund theJazz Holiday Festival, Fun 'n Sun Festival, Festival of Trees, Clearwater Celebrates America and the Spring Pet Fair. Please visit downtowns existing businesses and keep watch for more great news springing from the current retail recruitment effort. You can learn more at the DDB's website located at www.myclearwater.com!downtown . ,.1, "W' Fun n Sun Festival Q-FEST Classic Rock Concert Fri.. April 25, Coachman Park, 6 p.m. fun ~n Sun Cou nt ry Co ncert Sat.. AprilZ6. Coachman Park, 12 p.m. Fun On Sun Carnaval Latino Sun.. April 27. Clllac:hman Park, 1 p.m. w..w.m:Jlc:I.ar~ot,r.c 0 m/ do w n to wn .. ~ Clearwater ~- . Five. REQUEST TO USE LOGO AND NAME FOR PROMOTION & SALES Thanks for your interest in using the Cleveland Street brand in your promotions! Use of the Clearwater Community Redevelopment Agency (CRA) Cleveland Street District logo or any variation of the logo and name is restricted to authorized entities approved in writing by the City of Clearwater CRA or its designee, which includes the Clearwater Economic Development Department or the Clearwater Public Communications Department, If you would like to use the Cleveland Street District logo and name in any form, please complete this form and send it to the Downtown Manager along with an illustration or draft of your proposed use and its purpose, While we will review your request as quickly as possible, please allow 10 days for processing your request, CONTACT INFORMATION Name of Organization/Business: Contact Name: Phone: Address: Fax: City, State, Zip: E-mail: PROMOTIONAL USE Proposed Use (brochure, poster, advertisement, etc.): Printing Quantity: Purpose/Use of Piece: Print Deadline: Target Audience: Please attach a draft of the piece as it will appear, with the logo in place. MERCHANDISE Requests for licensing to produce merchandise/apparel will be handled on a case- by-case basis by the Downtown Manager on behalf of the City of Clearwater CRA. Requests to produce ((for sale" merchandise must be accompanied by a ((Non-ex- clusive Licensing Agreement" application, Type of Merchandise: Purpose (ie, Sell for profit, give to clients or employees, etc.): I understand that approval to use the Cleveland Street District logo and/or name will be granted on a case-by-case basis and that this request will take up to 10 days to process, If approval is granted, I understand that the logo and name must be used as provided, without modification, By signing below, I agree to abide by the logo and name use specifications provided by the City of Clearwater CRA, Signature: Date: City Council Agenda Council Chambers - City Hall PLEASE NOTE: ITEMS 8.1 THROUGH 8.4 ARE PROPOSED TO BE TAKEN OUT OF ORDER AND HEARD AFTER ITEM 7.5 SUBJECT / RECOMMENDATION: Work Net Pinellas' Summer Career Institute - Councilmember Cretekos SUMMARY: Meeting Date:4/17/2008 Review Approval: 1) Clerk Cover Memo Item # 32 City Council Agenda Council Chambers - City Hall PLEASE NOTE: ITEMS 8.1 THROUGH 8.4 ARE PROPOSED TO BE TAKEN OUT OF ORDER AND HEARD AFTER ITEM 7.5 SUBJECT / RECOMMENDATION: Other Council Action SUMMARY: Meeting Date:4/17/2008 Review Approval: 1) Clerk Cover Memo Item # 33