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VOLUME 1 ~ Jarzen, Sharen From: Sent: To: Subject: Jarzen, Sharen Wednesday, July 06, 2005 10:09 AM Clayton, Gina RE. Graham Contract No, We've made two payments - one In the amount of $4,827.50 and the other for $9,77250, leaVing a balance of $5,400 00 Sharen Jarzen, AICP Planning Department City of Clearwater 727-562-4626 -----Onglnal Message----- From: Clayton, Gina Sent: Wednesday, July 06, 2005 9:38 AM To: Jarzen, Sharen Subject: RE: Graham Contract Did we make a final payment? -----Onglnal Message----- From: Jarzen, Sharen Sent: Wednesday, July 06, 2005 9:37 AM To: Clayton, Gina Subject: RE: Graham Contract I have a call into Jim, as I want to get two more maps on disc that we don't have. These are the two final height maps The ones I have are the first ones that stili have the "dot" area at the bottom of the map, and I want to get the final copies without that so we can print them if need be I also want to get any other paper maps that they have, espeCially the final ones, if we deCide to use them for display Sharen J arzen, AICP Planning Department City of Clearwater 727-562-4626 -----Onglnal Message----- From: Clayton, Gina Sent: Wednesday, July 06, 2005 9:03 AM To: Jarzen, Sharen Subject: FW: Graham Contract Is thiS contract closed out yet? -----Onglnal Message----- From: Pullin, Sharon Sent: Tuesday, June 07, 2005 3:43 PM To: Clayton, Gina; Jarzen, Sharen Subject: RE: Graham Contract I must have misunderstood the request to Increase the Graham purchase order. My apologies. As this purchase order stands, there is $5400 50 open. Gina, please let me know if there is something else that I need to do with thiS. Thanks, Sharon 1 ~~ ~ -----Original Message----- .,. From: Sent: To: Cc: Subject: Importance: Clayton, Gina Tuesday, June 07, 2005 2:50 PM Jarzen, Sharen Pullin, Sharon RE: Graham Contract High The contract cannot exceed $20,000. There was only $10,000 In our design services budget and we needed to add another $10,000 to have a total of $20,000 - not $30,000 If you review the contract - you will see that it cannot exceed $20,000. You need to check with Jim to remind him that we cannot exceed $20,000 - because he is almost there -----Original Message----- From: Jarzen, Sharen Sent: Tuesday, June 07,2005 1:39 PM To: Clayton, Gina Subject: RE: Graham Contract Gina, I understand from Sharon that $10,000 was added to the Original contract of $20,000, so there's now a total of $30,000. Of that, $4,827 has been paid, and Sharon is currently processing an invoice for $9,772.50 (Invoice dated 6-1-05) Once thiS is paid, It will leave a balance of $15,40050 To date, I have received no other Invoices Sharen J arzen, AICP Planning Department City of Clearwater 727-562-4626 -----Original Message----- From: Clayton, Gina Sent: Tuesday, June 07,2005 1:10 PM To: Jarzen, Sharen Subject: Graham Contract Have we received any recent bills from Graham. I would like to know how much money is left on this project. Thanks. Gina L. Clayton Assistant Planning Director City of Clearwater glna.c layton@myclearwater.com 727-562-4587 2 GRtAM DESIGN ASSOCIATES, P."~ INVOICE PROJECT: OLD FLORIDA DISTRICT DESIGN SERVICES FOR CITY OF CLEARWATER DATE: 7/1/2005 INVOICE NO.: 05-14C DELIVER TO: Planning Department City of Clearwater 100 S Myrtle Avenue 2nd Floor #210 Clearwater, FL 33756 ARCHITECT'S NO.: 05-14 P.O.5T100984 (2 COPIES EACH) MAIL 2 COPIES OF INVOICE TO: City of Clearwater 100 S Myrtle Avenue P O. Box 4748 Clearwater, FL 33756-5520 THIS INVOICE IS DUE AND PAYABLE UPON RECEIPT! Contract Amount - Hourly not to Exceed P. O. Less Payment Received to Date Total Amount Remaining on Contract $ 20,00000 $ (14,600 00) $ 5,400.00 Architectural Services: (covers the period week ending 5-27/05 Through 6/23/05) Hours Per Hour 37,0 per hour $13500 Principal/Architect 62.0 per hour $10000 Project Manager 9 0 per hour $65 00 Sr Draftsperson 1080 $4,99500 $6,200.00 $585 00 ~V' /,~ b /O~ ~ (' /X; ~~ ~f/ ~ ~ ~. ~ <;:f?~ rt', r/' A- (\1 ThiS period Includes architectural time accrued for meetings with City of Clearwater, Public and prepared presentation material ACTUAL TIME ACCRUED THIS PERIOD $11,780.00 REMAINING AMOUNT DUE THIS TIME PER CONTRACT P.O. $5,400.00 Q q ocr _ ~ l l t~ 0) -.---, I JUL~ 3IJj PLANNING & DEVELOPMENT SERVICES CI-,v OF CLEARWATER L_ ...... - ~-~.- __J 585 MAIN STREET, SUITE 201 DUNEDIN, FL34698 PHONE NO.:7271733-9400, FAX NO.: 7271733-9555 Jarzen. Sharen From: Sent: To: Subject: Clayton, Gina Tuesday, June 21,200512'28 PM Jarzen, Sharen RE Contract with Jim Graham great! -----Onglnal Message----- From: Jarzen, Sharen Sent: Tuesday, June 21, 2005 11:46 AM To: Clayton, Gina Subject: RE: Contract with Jim Graham Gina, I put a paper copy in the contracts file folder, and also placed It on the S drive In the Old Florida site. Sharen J arzen, AICP Planning Department City of Clearwater 727-562-4626 -----Onglnal Message----- From: Clayton, Gina Sent: Tuesday, June 21, 2005 11 :33 AM To: Jarzen, Sharen Subject: FW: Contract With Jim Graham Please make sure thiS is in the contract file with Jim Graham Thanks. -----Onglnal Message----- From: Tarapanl, Cyndl Sent: Tuesday, March 29, 2005 3:28 PM To: Clayton, Gina Subject: FW: Contract With Jim Graham copy of response for your file. thanks. Cyndi Tarapani Planning Dlrector (727)562-4547 cyndi. tarapani@myc1earwater.com -----Onginal Message----- From: Dougall-Sides, Leslie Sent: Tuesday, March 29,20053:14 PM To: Akin, Pam; Tarapanl, Cyndl Cc: Wleleckl, Karl; Delk, Michael Subject: RE: Contract With Jim Graham Bryan's earlier opinion resolves any concerns I have at thiS pOint Please revise the agreement to indicate City Manager signature; thanksl -----Onglnal Message----- From: Akin, Pam Sent: Tuesday, March 29, 2005 2:01 PM To: Tarapani, Cyndl Cc; Wleleckl, Karl; Dougall-Sides, Leslie; Delk, Michael Subject: RE: Contract With Jim Graham Leslie is back, thiS is her matter 1 -----Onglnal Message----- From: Tarapanl, Cyndi . Sent: Tuesday, March 29, 2005 1:57 PM To: Akin, Pam Cc: Wleleckl, Karl; Dougall-Sides, Leslie; Delk, Michael Subject: RE: Contract with Jim Graham Pam-any status on this issue? I really need to get Graham under contract by Wednesday of this week-Thursday at the very latest. I appreciate your timely response. Cyndi T arapani Planning Director (727)562-4547 cynill. tarapani@myclearwater.com -----Onglnal Message----- From: Tarapani, Cyndl Sent: Fnday, March 25, 2005 12:08 PM To: Akin, Pam; Clayton, Gina Cc: Wlelecki, Karl; Dougall-Sides, Leslie; Delk, Michael Subject: RE: Contract With Jim Graham Pam-I will send you an earlier legal opinion that Bryan wrote allowing us to hire an architect as sole source. We do intend to stay under the limit of $20,000 referenced in Bryan's opinion on the contract for Jim Graham. If this opinion of Bryan's resolves your concerns, would you please let me know and I will revise the contract to delete the Mayor's signature. Thanks for your help in moving this along-we are approaching a time crunch if we don't get Graham under contract middle of next week. Thanks again. Cyndi T arapani Planrung Director (727)562-4547 cynill. tarapani@myclearwater.com -----Onglnal Message----- From: Akin, Pam Sent: Thursday, March 24, 2005 1:39 PM To: Clayton, Gina Cc: Tarapanl, Cyndl; Wleleckl, Karl; Dougall-Sides, Leslie Subject: RE: Contract With Jim Graham Why is thiS sole source? As long as you followed the purchasing requirements for selection (sole source is an option) based on the dollar amount, the Mayors signature is not required -----Onglnal Message----- From: Clayton, Gina Sent: Thursday, March 24, 2005 1:13 PM To: Akin, Pam Cc: Tarapanl, Cyndl; Wleleckl, Karl Subject: FW: Contract With Jim Graham Pam - Leslie reviewed a contact for me to get Jim Graham (architect) on board for the Old Florida District study. She prOVided me the comment below before she went out of town. I have revised the scope to address her concern. Could someone please review this In her absence? I need to have Jim under contract no later than March 30th. Also - since thiS IS a sole source contract and will not exceed $20,000, does the Mayor need to sign thiS? The sample contract I used Includes a place for the Mayor's signature Thanks Please see Section1 Scope of Services and Section 4 Deliverables. I replaced references to 2 "design alternatives" to "design concepts and potential development scenanos." I would appreciate it if comments would be sent to Karl Wielecki as I Will be out of the office for 2 weeks starting tomorrow Thanks. Thanks << File' Independent Contractor Agreement form doc>> -----Onglnal Message----- From: Dougall-Sides, Leslie Sent: Tuesday, March 22, 2005 5:37 PM To: Clayton, Gina Subject: RE: Contract With Jim Graham Looks better; I'm stili not sure what a design alternative looks like, IS it a report, draWings, or what? -----Original Messagen--- From: Clayton, Gina Sent: Tuesday, March 22, 2005 4:26 PM To: Dougall-Sides, Leslie Cc: Wleleckl, Karl Subject: RE: Contract With Jim Graham Importance: High Leslie- I'm seeing Jim Graham on Wed afternoon. If you get a chance to review the reVised contract Wed morning, I could probably get him to Sign the scope In the afternoon and then forward to the Manager for signature. I noticed the form you sent me has a place for the Mayor's signature. Since we won't be spending more than $20,000, does the Mayor still have to sign? -----Onglnal Message----- From: Clayton, Gina Sent: Tuesday, March 22, 20054:21 PM To: Dougall-Sides, Leslie Subject: RE: Contract with JIm Graham Disregard the previous contract - this IS the most current thanks << File' Independent Contractor Agreement form doc >> -----Onglnal Messagen--- From: Clayton, Gina Sent: Tuesday, March 22, 2005 4:04 PM To: Dougall-Sides, Leslie Subject: RE: Contract With Jim Graham Importance: High Here IS the reVised scope. Please let me know If thiS IS okay so I can get Jim on Board before I am out of the office for 2 weeks starting on thiS Friday. thanks << File: Independent Contractor Agreement form.doc >> -----Onglnal Message----- From: Dougall-Sides, Leslie Sent: Fnday, March 18, 2005 9:13 AM To: Clayton, Gina Subject: RE: Contract With Jim Graham Coments. 1. Scope of Services should be more specifically described. 2 Identify Deliverables and date of delivery 3 3. In Payment para., add that payment shall be made "in accordance with the Florida Prompt Payment Act". 4. In para. 11 , line 6, should be "purpose". -----Onglnal Message----- From: Clayton, Gina Sent: Wednesday, March 16, 2005 10:20 AM To: Dougall-Sides, Leslie Subject: FW: Contract with Jim Graham In looking through my e-mails I realized this may not have had the attachment. I'm sending for your review I need to get Jim on board as soon as we can thanks. << File' Independent Contractor Agreement form doc >> -----Onginal Message----- From: Clayton, Gina Sent: Fnday, March 11, 2005 3:55 PM To: Dougall-Sides, Leslie Subject: Contract with Jim Graham Attached please find the contract for work with Jim Graham. Please review and let me know if this is okay. I changed the title from Independent Contract to Consulting Services Agreement. We are hiring Graham Design as sole source. They have recent interesting work In urban environment (downtown), he has an architect who has done a substantial amount of work in HawaII (coastal environment) and the firm does not do work on the beach - which we believe makes this firm very neutral. Thanks! 4 Jarzen. Sharen From: Sent: To: Subject: Jarzen, Sharen Tuesday, June 21,200511 47 AM Clayton, Gina RE: Contract with Jim Graham Gina, you're right, this was contained in the previous e-mail. Sharen J arzen, AICP Plannmg Department City of Clearwater 727-562-4626 -----Onglnal Message----- From: Clayton, Gina Sent: Tuesday, June 21, 2005 11:36 AM To: Jarzen, Sharen Subject: FW: Contract with Jim Graham This may be contained in the e-mail I sent you a few minutes earlier. I Just want to make sure this information is In the file. thanks -----Onglnal Message----- From: Tarapanl, Cyndl Sent: Fnday, March 25, 2005 12:08 PM To: Akin, Pam; Clayton, Gina Cc: Wleleckl, Karl; Dougall-Sides, Leslie; Delk, Michael Subject: RE: Contract With Jim Graham Pam-I will send you an earlier legal opinion that Bryan wrote allowing us to hire an architect as sole source. We do intend to stay under the limit of $20,000 referenced in Bryan's opinion on the contract for Jim Graham. If this opinion of Bryan's resolves your concerns, would you please let me know and I will revise the contract to delete the Mayor's signature. Thanks for your help in moving this along-we are approaching a time crunch if we don't get Graham under contract middle of next week. Thanks again. Cyndi T arapani Planrung Dltector (727)562-4547 cyndi. taraparu@myclearwater.com -----Onglnal Message----- From: Akin, Pam Sent: Thursday, March 24, 2005 1:39 PM To: Clayton, Gina Cc: Tarapanl, Cyndl; Wieleckl, Karl; Dougall-Sides, Leslie Subject: RE: Contract with Jim Graham Why is this sole source? As long as you followed the purchasing requirements for selection (sole source is an option) based on the dollar amount, the Mayors signature is not required. -----Onginal Message----- From: Clayton, Gina Sent: Thursday, March 24, 2005 1:13 PM To: Akin, Pam Cc: Tarapani, Cyndl; Wlelecki, Karl Subject: FW: Contract With jlm Graham 1 Pam - Leslie reviewed a contact for me to get Jim Graham (architect) on board for the Old Florida District study She provided me the comment below before she went out of town. I have revised the scope to address her concern Could someone please review this in her absence? I need to have Jim under contract no later than March 30th. Also - since this is a sole source contract and will not exceed $20,000, does the .Mayor need to sign this? The sample contract I used Includes a place for the Mayor's signature Thanks Please see Sectlon1 Scope of Services and Section 4 Deliverables. I replaced references to "design alternatives" to "design concepts and potential development scenanos." I would appreciate It If comments would be sent to Karl Wlelecki as I will be out of the office for 2 weeks starting tomorrow Thanks Thanks. << File: Independent yontractor Agreement form doc >> -----Onginal Message----- From: Dougall-Sides, Leslie Sent: Tuesday, March 22, 2005 5:37 PM To: Clayton, Gina Subject: RE: Contract with Jim Graham Looks better; I'm still not sure what a design alternative looks like; is It a report, drawings, or what? -----Origlnal Message--n- From: Clayton, Gina Sent: Tuesday, March 22, 2005 4:26 PM To: Dougall-Sides, Leslie Cc: Wleleckl, Karl Subject: RE: Contract with Jim Graham Importance: High Leslle- I'm seeing Jim Graham on Wed afternoon. If you get a chance to review the revised contract Wed. morning, I could probably get him to sign the scope In the afternoon and then forward to the Manager for signature. I noticed the form you sent me has a place for the Mayor's signature. Since we won't be spending more than $20,000, does the Mayor stili have to sl'gn? -----Onglnal Message----- From: Clayton, Gina Sent: Tuesday, March 22, 2005 4:21 PM To: Dougall-Sides, Leslie Subject: RE: Contract With Jim Graham Disregard the previous contract - this is the most current. thanks. << File. Independent Contractor Agreement form doc >> -----Onglnal Message----- From: Clayton, Gina Sent: Tuesday, March 22, 2005 4:04 PM To: Dougall-Sides, Leslie Subject: RE: Contract With Jim Graham Importance: High Here is the revised scope. Please let me know if thiS IS okay so I can get Jim on Board before I am out of the office for 2 weeks starting on thiS Friday. thanks. << File. Independent Contractor Agreement form doc >> -----Onginal Messagenn- From: Dougall-Sides, Leslie Sent: Fnday, March 18, 20059:13 AM To: Clayton, Gina 2 Subject: Coments. RE: Contract with Jim Graham 1. Scope of Services should be more specifically described. 2. Identify Deliverables and date of delivery 3. In Payment para., add that payment shall be made "In accordance with the Florida Prompt Payment Act". 4. In para. 11., line 6, should be "purpose". -----Onglnal Messageum From: Clayton, Gina Sent: Wednesday, March 16, 2005 10:20 AM To: Dougall-Sides, Leslie Subject: FW: Contract With Jim Graham In looking through my e-malls I realized this may not have had the attachment I'm sending for your review. I need to get Jim on board as soon as we can thanks << File: Independent Contractor Agreement form.doc>> --mOriglnal Message-m- From: Clayton, Gina Sent: Fnday, March 11, 2005 3:55 PM To: Dougall-Sides, Leslie Subject: Contract with Jim Graham Attached please find the contract for work With Jim Graham. Please review and let me know if thiS is okay I changed the title from Independent Contract to Consulting Services Agreement. We are hiring Graham Design as sole source. They have recent interesting work in urban environment (downtown), he has an architect who has done a substantial amount of work in Hawaii (coastal environment) and the firm does not do work on the beach - which we believe makes this firm very neutral Thanks! 3 Jarzen. Sharen From: Sent: To: Subject: Clayton, Gina Tuesday, June 21, 2005 11 :25 AM Jarzen, Sharen FW Contract with Jim Graham FYI - for the file -----Onglnal Message----- From: Tarapanl, Cyndl Sent: Monday, Apnlll, 2005 1:15 PM To: Clayton, Gina Subject: RE: Contract with Jim Graham yes, 1'lI'explain in managers meeting. thanks. Cyndi Tarapani Planrung Director (727)562-4547 cyndi. taraparu@myclearwater.com -----Onglnal Message----- From: Clayton, Gina Sent: Monday, Apnlll, 2005 12:17 PM To: Tarapanl, Cyndl Subject: RE: Contract with Jim Graham Was this resolved? -----Onglnal Message----- From: Tarapanl, Cyndl Sent: Fnday, March 25, 2005 12:08 PM To: Akin, Pam; Clayton, Gina Cc: Wleleckl, Karl; Dougall-Sides, Leslie; Delk, Michael Subject: RE: Contract with Jim Graham Pam-I will send you an earlier legal opinion that Bryan wrote allowing us to hire an architect as sole source. We do intend to stay under the limit of $20,000 referenced in Bryan's opinion on the contract for Jim Graham. If this opinion of Bryan's resolves your concerns, would you please let me know and I will revise the contract to delete the Mayor's signature. Thanks for your help in moving this along- we are approaching a time crunch if we don't get Graham under contract middle of next week. Thanks again. Cyndi Tarapani Planning Director (727)562-4547 cynd1. tarapani@myclearwater.com -----Onglnal Message----- From: Akin, Pam Sent: Thursday, March 24, 2005 1:39 PM To: Clayton, Gina Cc: Tarapanl, Cyndl; Wleleckl, Karl; Dougall-Sides, Leslie Subject: RE: Contract with Jim Graham Why IS this sole source? As long as you followed the purchasing requirements for selection (sole source is an option) based on the dollar amount, the Mayors signature IS not required. 1 -----Onglnal Message----- From: Clayton, Gina Sent: Thursday, March 24, 2005 1:13 PM To: Akin, Pam Cc: Tarapanl, Cyndi; Wleleckl, Karl Subject: FW: Contract with Jim Graham Pam - Leslie reviewed a contact for me to get Jim Graham (architect) on board for the Old Florida District study. She provided me the comment below before she went out of town. I have revised the scope to address her concern. Could someone please review this In her absence? I need to have Jim under contract no later than March 30th Also - since this is a sole source contract and will not exceed $20,000, does the Mayor need to sign this? The sample contract I used includes a place for the Mayor's signature Thanks. Please see Sectlon1 Scope of Services and Section 4 Deliverables. I replaced references to "design alternatives" to "design concepts and potential development scenarios." I would appreciate it if comments would be sent to Karl Wieleckl as I will be out of the office for 2 weeks starting tomorrow. Thanks. Thanks <<File Independent Contractor Agreement form.doc>> -----Onglnal Message----- From: Dougall-Sides, Leslie Sent: Tuesday, March 22, 2005 5:37 PM To: Clayton, Gina Subject: RE: Contract with Jim Graham Looks better; I'm still not sure what a design alternative looks like; IS It a report, drawings, or what? -----Onglnal Message----- From: Clayton, Gina Sent: Tuesday, March 22, 2005 4:26 PM To: Dougall-Sides, Leslie Cc: Wleleckl, Karl Subject: RE: Contract with Jim Graham Importance: High Leslie- I'm seeing Jim Graham on Wed afternoon. If you get a chance to review the revised contract Wed. morning, I could probably get him to sign the scope in the afternoon and then forward to the Manager for signature. I noticed the form you sent me has a place for the Mayor's signature Since we won't be spending more than $20,000, does the Mayor stili have to sign? -----Onglnal Message----- From: Clayton, Gina Sent: Tuesday, March 22, 2005 4:21 PM To: Dougall-Sides, Leslie Subject: RE: Contract with Jim Graham Disregard the previous contract - this is the most current. thanks << File: Independent Contractor Agreement form.doc >> -----Onglnal Message----- From: Clayton, Gina Sent: Tuesday, March 22, 2005 4:04 PM To: Dougall-Sides, Leslie Subject: RE: Contract with Jim Graham Importance: High Here is the reVised scope. Please let me know if this is okay so I can get Jim on Board before I am out of the office for 2 weeks starting on thiS Friday thanks. 2 << File. Independent Contractor Agreement form.doc>> -----Onginal Message---n From: Dougall-Sides, Leslie Sent: Fnday, March 18, 2005 9:13 AM To: Clayton, Gina Subject: RE: Contract with Jim Graham Coments: 1. Scope of Services should be more specifically described. 2 Identify Dellverables and date of delivery. 3. In Payment para, add that payment shall be made "m accordance with the Florida Prompt Payment Act". 4. In para 11., line 6, should be "purpose" -----Onglnal Message----- From: Clayton, Gina Sent: Wednesday, March 16, 2005 10:20 AM To: Dougall-Sides, Leslie Subject: FW: Contract With Jim Graham In looking through my e-mails I realized this may not have had the attachment I'm sending for your review. I need to get Jim on board as soon as we can thanks. << File: Independent Contractor Agreement form. doc >> -----Onginal Message---n From: Clayton, Gina Sent: Fnday, March 11, 20053:55 PM To: Dougall-Sides, Leslie Subject: Contract With Jim Graham Attached please find the contract for work With Jim Graham Please review and let me know if this is okay. I changed the title from Independent Contract to Consulting Services Agreement. We are hiring Graham Design as sole source. They have recent mteresting work m urban environment (downtown), he has an architect who has done a substantial amount of work in Hawaii (coastal environment) and the firm does not do work on the beach - which we believe makes thiS firm very neutral. Thanks! 3 .. ~j , Jarzen, Sharen From: Sent: To: Subject: Clayton, Gina Tuesday, June 21,200511.36 AM Jarzen, Sharen FW: Contract with Jim Graham This may be contained in the e-mail I sent you a few minutes earlier I Just want to make sure this information is in the file. thanks -----Onglnal Message----- From: Tarapanl, Cyndl Sent: Fnday, March 25, 2005 12:08 PM To: Akin, Pam; Clayton, Gina Cc: Wleleckl, Karl; Dougall-Sides, Leslie; Delk, Michael Subject: RE: Contract with Jim Graham Pam-I will send you an earlier legal opinion that Bryan wrote allowing us to hire an architect as sole source. We do intend to stay under the limit of $20,000 referenced in Bryan's opinion on the contract for Jim Graham. If this opinion of Bryan's resolves your concerns, would you please let me know and I will revise the contract to delete the Mayor's signature. Thanks for your help in moving this along-we are approaching a time crunch if we don't get Graham under contract middle of next week. Thanks again. Cyndi T arapani Planning Director (727)562-4547 cynch. tarapani@myclearwater.com -----Onglnal Message----- From: Akin, Pam Sent: Thursday, March 24, 2005 1:39 PM To: Clayton, Gina Cc: Tarapanl, Cyndl; Wleleckl, Karl; Dougall-Sides, Leslie Subject: RE: Contract with Jim Graham Why IS thiS sole source? As long as you followed the purchasing requirements for selection (sole source is an optIon) based on the dollar amount, the Mayors signature is not reqUired. un-Onglnal Message----- From: Clayton, Gina Sent: Thursday, March 24, 2005 1:13 PM To: Akin, Pam Cc: Tarapanl, Cyndl; Wleleckl, Karl Subject: FW: Contract with Jim Graham Pam - Leslie reviewed a contact for me to get Jim Graham (architect) on board for the Old Florida District study. She provided me the comment below before she went out of town I have revised the scope to address her concern. Could someone please review this In her absence? I need to have Jim under contract no later than March 30th Also - since this IS a sole source contract and will not exceed $20,000, does the Mayor need to sign this? The sample contract I used includes a place for the Mayor's signature. Thanks. Please see Section1 Scope of Services and Section 4 Dellverables. I replaced references to "design alternatives" to "design concepts and potential development scenarios." I would appreciate it if comments would be sent to Karl Wielecki as I will be out of the office for 2 weeks starting tomorrow Thanks Thanks. 1 ~ << File: Independent Contractor Agreement form doc>> -----Onglnal Messageum From: Dougall-Sides, Leslie Sent: Tuesday, March 22, 2005 5:37 PM To: Clayton, Gina Subject: RE: Contract with Jim Graham Looks better; I'm still not sure what a design alternative looks like; is it a report, drawings, or what? -----Onglnal Message----- From: Clayton, Gina Sent: Tuesday, March 22, 2005 4:26 PM To: Dougall-Sides, Leslie Cc: Wleleckl, Karl Subject: RE: Contract with Jim Graham Importance: High Leslie- I'm seeing Jim Graham on Wed. afternoon If you get a chance to review the revised contract Wed. morning, I could probably get him to sign the scope in the afternoon and then forward to the Manager for signature. I noticed the form you sent me has a place for the Mayor's signature. Since we won't be spending more than $20,000, does the Mayor still have to sign? -----Onglnal Message----- From: Clayton, Gina Sent: Tuesday, March 22, 2005 4:21 PM To: Dougall-Sides, Leslie Subject: RE: Contract With Jim Graham Disregard the prevIous contract - thiS IS the most current thanks. <<File Independent Contractor Agreement form doc >> -----Onglnal Message----- From: Clayton, Gina Sent: Tuesday, March 22, 2005 4:04 PM To: Dougall-Sides, Leslie Subject: RE: Contract With Jim Graham Importance: High Here IS the revised scope Please let me know if this is okay so I can get Jim on Board before I am out of the office for 2 weeks starting on this Friday. thanks. << File: Independent Contractor Agreement form.doc >> -----Origlnal Message----- From: Dougall-Sides, Leslie Sent: Friday, March 18, 2005 9: 13 AM To: Clayton, Gina Subject: RE: Contract With Jim Graham Coments 1. Scope of Services should be more speCifically described. 2. Identify Deliverables and date of delivery 3 In Payment para., add that payment shall be made "In accordance with the FlOrida Prompt Payment Act". 4. In para 11 , line 6, should be "purpose". -----Onglnal Message----- From: Clayton, Gina Sent: Wednesday, March 16, '2005 10:20 AM To: Dougall-Sides, Leslie 2 . Subject: FW: Contract with Jim Graham In looking through my e-mails I realized this may not have had the attachment I'm sending for your review. I need to get Jim on board as soon as we can thanks. << File: Independent Contractor Agreement form.doc >> -----Original Message----- From: Clayton, Gina Sent: Fnday, March 11, 2005 3:55 PM To: Dougall-Sides, Leslie Subject: Contract with Jim Graham Attached please find the contract for work with Jim Graham. Please review and let me know if this is okay. I changed the title from Independent Contract to Consulting Services Agreement. We are hiring Graham Design as sole source They have recent interesting work In urban environment (downtown), he has an architect who has done a substantial amount of work In Hawaii (coastal environment) and the firm does not do work on the beach - which we believe makes this firm very neutral. Thanks! 3 ~ _I, Jarzen, Sharen From: Sent: To: Subject: Clayton, Gina Tuesday, June 21, 2005 11 :33 AM Jarzen, Sharen FW. Contract with Jim Graham Please make sure this IS In the contract file with Jim Graham Thanks -----Onglnal Message----- From: Tarapani, Cyndl Sent: Tuesday, March 29, 2005 3:28 PM To: Clayton, Gina Subject: FW: Contract with Jim Graham copy of response for your file. thanks. Cyndi T arapani Planrung Director (727)562-4547 cyndt. taraparu@myclearwater.com -----Onglnal Messagen--- From: Dougall-Sides, Leslie Sent: Tuesday, March 29, 2005 3:14 PM To: Akin, Pam; Tarapanl, Cyndl Cc: Wleleckl, Karl; Delk, Michael Subject: RE: Contract with Jim Graham Bryan's earlier opinion resolves any concerns I have at thiS pOint. Please revise the agreement to indicate City Manager signature; thanks! -----Onglnal Message----- From: Akin, Pam Sent: Tuesday, March 29, 2005 2:01 PM To: Tarapanl, Cyndl Cc: Wleleckl, Karl; Dougall-Sides, Leslie; Delk, Michael Subject: RE: Contract With Jim Graham Leslie is back, thiS is her matter. -----Onglnal Message----- From: Tarapanl, Cyndl Sent: Tuesday, March 29, 2005 1:57 PM To: Akin, Pam Cc: Wleleckl, Karl; Dougall-Sides, Leslie; Delk, Michael Subject: RE: Contract With Jim Graham Pam-any status on this issue? I really need to get Graham under contract by Wednesday of this week-Thursday at the very latest. I appreciate your timely response. Cyndi T arapani Planrung Director (727)562-4547 cyndi. tarapani@myclearwater.com -----Onglnal Message----- From: Tarapanl, Cyndl Sent: Fnday, March 25, 2005 12:08 PM To: Akin, Pam; Clayton, Gina 1 Cc: Wleleckl, Karl; Dougall-Sides, Leslie; Delk, Michael Subject: RE: Contract with Jim Graham Pam-I will send you an earlier legal opinion that Bryan wrote allowing us to hire an architect as sole source. We do intend to stay under the limit of $20,000 referenced in Bryan's opinion on the contract for Jim Graham. If this opinion of Bryan's resolves your concerns, would you please let me know and I will revise the contract to delete the Mayor's signature. Thanks for your help in moving this along-we are approaching a time crunch if we don't get Graham under contract middle of next week. Thanks again. Cyndi T arapani Planrung Director (727)562-4547 cyndi. tarapani@myc1earwater.com -----Onginal Messagem-- From: Akin, Pam Sent: Thursday, March 24, 2005 1:39 PM To: Clayton, Gina Cc: Tarapanl, Cyndl; Wieleckl, Karl; Dougall-Sides, Leslie Subject: RE: Contract with Jim Graham Why is this sole source? As long as you followed the purchasing requirements for selection (sole source is an option) based on the dollar amount, the Mayors signature IS not required. m--Onglnal Messagemn From: Clayton, Gina Sent: Thursday, March 24, 2005 1:13 PM To: Akin, Pam Cc: Tarapanl, Cyndl; Wleleckl, Karl Subject: FW: Contract with Jim Graham Pam - Leslie reviewed a contact for me to get Jim Graham (architect) on board for the Old Florida Dlstnct study. She provided me the comment below before she went out of town. I have reVised the scope to address her concern. Could someone please review this in her absence? I need to have Jim under contract no later than March 30th Also - since this is a sole source contract and will not exceed $20,000, does the Mayor need to sign this? The sample contract I used Includes a place for the Mayor's signature. Thanks. Please see Section1 Scope of Services and Section 4 Deliverables. I replaced references to "deSign alternatives" to "deSign concepts and potential development scenarios" I would appreciate It if comments would be sent to Karl Wieleckl as I will be out of the office for 2 weeks starting tomorrow Thanks Thanks. << File: Independent Contractor Agreement form doc >> -----Onglnal Message----- From: Dougall-Sides, Leslie Sent: Tuesday, March 22, 2005 5:37 PM To: Clayton, Gina Subject: RE: Contract with Jim Graham Looks better, I'm stili not sure what a deSign alternative looks like; is it a report, drawings, or what? -----Onglnal Message--m From: Clayton, Gina Sent: Tuesday, March 22, 2005 4:26 PM To: Dougall-Sides, Leslie Cc: Wieleckl, Karl 2 f Subject: Importance: RE: Contract with Jim Graham High Leslle- I'm seeing Jim Graham on Wed. afternoon. If you get a chance to review the revised contract Wed. morning, I could probably get him to sign the scope in the afternoon and then forward to the Manager for signature. I noticed the form you sent me has a place for the Mayor's signature. Since we won't be spending more than $20,000, does the Mayor stili have to sign? -----Onglnal Message----- From: Clayton, Gina Sent: Tuesday, March 22, 2005 4:21 PM To: Dougall-Sides, Leslie Subject: RE: Contract with Jim Graham Disregard the previous contract - this is the most current. thanks. << File. Independent Contractor Agreement form.doc >> -----Onglnal Message----- From: Clayton, Gina Sent: Tuesday, March 22, 20054:04 PM To: Dougall-Sides, Leslie Subject: RE: Contract with Jim Graham Importance: High Here is the revised scope. Please let me know if this is okay so I can get Jim on Board before I am out of the office for 2 weeks starting on this Friday. thanks. << File: Independent Contractor Agreement form doc >> -----Onglnal Message----- From: Dougall-Sides, Leslie Sent: Fnday, March 18, 2005 9: 13 AM To: Clayton, Gina Subject: RE: Contract with Jim Graham Coments: 1. Scope of Services should be more specifically described. 2. Identify Dellverables and date of delivery. 3. In Payment para., add that payment shall be made "in accordance with the Florida Prompt Payment Act". 4. In para. 11., line 6, should be "purpose". -----Onglnal Message----- From: Clayton, Gina Sent: Wednesday, March 16, 2005 10:20 AM To: Dougall-Sides, Leslie Subject: FW: Contract With Jim Graham In looking through my e-malls I realized thiS may not have had the attachment. I'm sending for your review. I need to get Jim on board as soon as we can. thanks <<File Independent Contractor Agreement form.doc >> -----Onginal Message----- From: Clayton, Gina Sent: Fnday, March 11, 2005 3:55 PM To: Dougall-Sides, Leslie Subject: Contract With Jim Graham Attached please find the contract for work with Jim Graham. Please review and let me know if this is okay. I changed the title from Independent Contract to 3 ' Consulting Services Agreement. We are hiring Graham Design as sole source. They have recent interesting work in urban environment (downtown), he has an architect who has done a substantial amount of work in Hawaii (coastal environment) and the firm does not do work on the beach - which we believe makes this firm very neutral. Thanks! 4 . .. ~arzen, Sharen From: Sent: To: Subject: Clayton, Gina Tuesday, June 21, 2005 11 :25 AM Jarzen, Sharen FW: Contract with Jim Graham FYI - for the file n---Onglnal Message----- From: Tarapam, Cyndl Sent: Monday, Apnlll, 2005 1:15 PM To: Clayton, Gina Subject: RE: Contract with Jim Graham yes, I'll explain in managers meeting. thanks. Cyndi Tarapani Planrung DIrector (727)562-4547 cyndi. tarapani@myclearwater.com -----Onglnal Message----- From: Clayton, Gina Sent: Monday, Apnlll, 2005 12:17 PM To: Tarapam, Cyndl Subject: RE: Contract With Jim Graham Was thiS resolved? -----Onglnal Message----- From: Tarapani, Cyndl Sent: Fnday, March 25, 2005 12:08 PM To: Akin, Pam; Clayton, Gina Cc: Wlelecki, Karl; Dougall-Sides, Leslie; Delk, Michael Subject: RE: Contract with Jim Graham Pam-I will send you an earlier legal opinion that Bryan wrote allowing us to hire an architect as sole source. We do intend to stay under the limit of $20,000 referenced in Bryan's opinion on the contract for Jim Graham. If this opinion of Bryan's resolves your concerns, would you please let me know and I will revise the contract to delete the Mayor's signature. Thanks for your help in moving this along- we are approaching a time crunch if we don't get Graham under contract middle of next week. Thanks again. Cyndi Tarapani Planrung Director (727)562-4547 cyndt. tarapani@myclearwater.com -----Onglnal Message----- From: Akin, Pam Sent: Thursday, March 24, 2005 1:39 PM To: Clayton, Gina Cc: Tarapam, Cyndl; Wlelecki, Karl; Dougall-Sides, Leslie Subject: RE: Contract with Jim Graham Why is thiS sole source? As long as you followed the purchasing requirements for selection (sole source IS an option) based on the dollar amount, the Mayors signature is not required 1 j - -----Onginal Message----- From: Clayton, Gina Sent: Thursday, March 24, 2005 1:13 PM To: Akin, Pam Cc: Tarapanl, Cyndl; Wleleckl, Karl Subject: FW: Contract with Jim Graham Pam - Leslie reviewed a contact for me to get Jim Graham (architect) on board for the Old Florida District study She provided me the comment below before she went out of town, I have revised the scope to address her concern. Could someone please review thiS In her absence? I need to have Jim under contract no later than March 30th. Also - since thiS is a sole source contract and will not exceed $20,000, does the Mayor need to sign thiS? The sample contract I used includes a place for the Mayor's signature. Thanks Please see Section1 Scope of Services and Section 4 Deliverables I replaced references to "deSign alternatives" to "deSign concepts and potential development scenarios." J would appreciate it if comments would be sent to Karl Wielecki as I will be out of the office for 2 weeks starting tomorrow Thanks. Thanks. << File. Independent Contractor Agreement form doc >> -----Onglnal Message----- From: Dougall-Sides, Leslie Sent: Tuesday, March 22, 2005 5:37 PM To: Clayton, Gina Subject: RE: Contract with Jim Graham Looks better; I'm still not sure what a design alternative looks like; is it a report, drawings, or what? -----Onglnal Message----- From: Clayton, Gina Sent: Tuesday, March 22, 20054:26 PM To: Dougall-Sides, Leslie Cc: Wleleckl, Karl Subject: RE: Contract with Jim Graham Importance: High Leslie- I'm seeing Jim Graham on Wed. afternoon. If you get a chance to review the revised contract Wed. morning, I could probably get him to sign the scope in the afternoon and then forward to the Manager for signature. I noticed the form you sent me has a place for the Mayor's signature. Since we won't be spending more than $20,000, does the Mayor still have to sign? -----Original Message----- From: Clayton, Gina Sent: TueSday, March 22, 2005 4:21 PM To: Dougall-Sides, Leslie Subject: RE: Contract With Jim Graham Disregard the previous contract - this is the most current. thanks. << File: Independent Contractor Agreement form.doc >> -----Original Message--m From: Clayton, Gina Sent: Tuesday, March 22, 2005 4:04 PM To: Dougall-Sides, Leslie Subject: RE: Contract With Jim Graham Importance: High Here IS the revised scope. Please let me know If this is okay so I can get Jim on Board before I am out of the office for 2 weeks starting on this Friday. thanks. 2 r <<File Independent Contractor Agreement form.doc>> ---nOnglnal Message----- From: Dougall-Sides, Leslie Sent: Fnday, March 18, 20059:13 AM To: Clayton, Gina Subject: RE: Contract with Jim Graham Coments. 1. Scope of Services should be more specifically described. 2. Identify Dellverables and date of delivery 3. In Payment para., add that payment shall be made "in accordance with the Florida Prompt Payment Act". 4. In para. 11., line 6, should be "purpose". -----Original Messagen--- From: Clayton, Gina Sent: Wednesday, March 16, 2005 10:20 AM To: Dougall-Sides, Leslie Subject: FW: Contract with Jim Graham In looking through my e-mails I realized this may not have had the attachment. I'm sending for your review. I need to get Jim on board as soon as we can. thanks. << File. Independent Contractor Agreement form.doc >> -----Onglnal Message---u From: Clayton, Gina Sent: Fnday, March 11, 2005 3:55 PM To: Dougall-Sides, Leslie Subject: Contract with Jim Graham Attached please find the contract for work with Jim Graham. Please review and let me know if this is okay I changed the title from Independent Contract to Consulting Services Agreement. We are hiring Graham Design as sole source. They have recent interesting work in urban environment (downtown), he has an architect who has done a substantial amount of work in Hawaii (coastal environment) and the firm does not do work on the beach - which we believe makes this firm very neutral. Thanks! 3 Jarzen, Sharen From: Sent: To: Subject: Clayton, Gina Tuesday, June 07, 20054'34 PM Pullin, Sharon; Jarzen, Sharen RE: Graham Contract Thanks Sharon Sharen - please discuss with Jim Graham. -----Onglnal Message----- From: Pullin, Sharon Sent: Tuesday, June 07, 2005 3:43 PM To: Clayton, Gina; Jarzen, Sharen Subject: RE: Graham Contract I must have misunderstood the request to increase the Graham purchase order. My apologies. As this purchase order stands, there is $5400 50 open Gina, please let me know If there IS something else that I need to do with this. Thanks, Sharon -----Onglnal Message----- From: Clayton, Gina Sent: Tuesday, June 07,20052:50 PM To: Jarzen, Sharen Cc: Pullin, Sharon Subject: RE: Graham Contract Importance: High The contract cannot exceed $20,000 There was only $10,000 In our deSign services budget and we needed to add another $10,000 to have a total of $20,000 - not $30,000 If you review the contract - you Will see that it cannot exceed $20,000. You need to check With Jim to remind him that we cannot exceed $20,000 - because he IS almost there. -----Onglnal Message----- From: Jarzen, Sharen Sent: Tuesday, June 07,2005 1:39 PM To: Clayton, Gina Subject: RE: Graham Contract Gina, I understand from Sharon that $10,000 was added to the original contract of $20,000, so there's now a total of $30,000. Of that, $4,827 has been paid, and Sharon is currently processing an inVOice for $9,77250 (invoice dated 6-1-05). Once this IS paid, it will leave a balance of $15,400.50 To date, I have received no other invoices. Sharen Jarzen, ArCp Planning Department City of Clearwater 727-562-4626 -----Onglnal Message----- From: Clayton, Gina Sent: Tuesday, June 07,2005 1:10 PM To: Jarzen, Sharen Subject: Graham Contract Have we received any recent bills from Graham. I would like to know how much money is left on this project. Thanks. Gina L. Clayton 1 Jarzen, Sharen From: Sent: To: Subject: Clayton, Gina Tuesday, June 07, 20052:45 PM Jarzen, Sharen FW: Requisition 102648 FYI - in case you don't have for the file. I'm going to delete. -----Onglnal Message----- From: Haines, Angel Sent: Fnday, Apnl 22, 2005 10:17 AM To: Clayton, Gina; Delk, Michael Subject: FW: RequIsition 102648 The PO for Graham Architects has been established. -----Onglnal Message----- From: McKibben, George Sent: Thursday, Apnl 21, 2005 3:20 PM To: Haines, Angel Subject: RE: RequIsition 102648 8T100984 -----Onglnal Message---n -From: Haines, Angel Sent: Thursday, Apnl 21, 2005 2:55 PM To: McKibben, George Subject: FW: RequIsItIon 102648 Hi George this has been added in the system, can you select the vendor when creating the PO? Please advise. Thanks. Angel -----Onglnal Message----- From: ' Keegan, Jennie Sent: Thursday, Apnl 21, 2005 2:45 PM To: Haines, Angel Subject: RE: RequIsition 102648 ADDED -----Onglnal Message----- From: Haines, Angel Sent: Thursday, Apnl 21, 2005 2:38 PM To: Keegan, Jennie Subject: FW: Requisition 102648 hello Jennie, I need to have a new vendor added: Graham Design Associated, P.A. 585 Main St, Suite 201 Dunedin, FL 34698 1 Thank you. -----Onglnal Message----- From: McKibben, George Sent: Thursday, Apnl 21, 2005 2:23 PM To: Haines, Angel Subject: RequIsition 102648 You entered a requisition without selecting a vendor. Perhaps you needed to add on to the Ross vendor file by contacting Jennie Keegan. In any case, the vendor needs to be added to the requisition From the description block I suspect the name is Graham Design Associates 2 GRAHAM DESIGN ASSOCIATES, P .A. INVOICE PROJECT: OLD FLORIDA DISTRICT DESIGN SERVICES FOR CITY OF CLEARWATER DATE: 6/1/2005 INVOICE NO.: 05-148 DELIVER TO: Planning Department City of Clearwater 100 S Myrtle Avenue 2nd Floor #210 Clearwater, FL 33756 ARCHITECT'S NO.: 05-14 P.O.5T100984 (2 COPIES EACH) MAIL 2 COPIES OF INVOICE TO: City of Clearwater 100 S Myrtle Avenue POBox 4748 Clearwater, FL 33756-5520 THIS INVOICE IS DUE AND PAYABLE UPON RECEIPT! Contract Amount - Hourly not to Exceed P. O. Less Payment Received to Date Total Amount Remaining on Contract $ 20,00000 $ (4,827.00) $15,173.00 Architectural Services: (covers the penod week ending 4/29/05 Through 5/26/05) This penod Includes architectural time accrued for meetings with City of Clearwater, Public and prepared presentation matenal Hours Per Hour 31.5 per hour $135.00 Pnnclpal/Architect 305 per hour $100.00 Project Manager 38 0 per hour $65 00 Sr Draftsperson 1000 $4,252.50 $3,050 00 $2,47000 11 r,p7 fY Pi\ TOTAL AMOUNT DUE AT THIS TIME $9,772.50 ROSS PO# Release # Requistion # Receipt # Code Approved 5T II/D C; !'lj 13~ I (P !> 5"0/00 RECEiVED ,~ :.) ~.~ 0 3 2005 Finance Department PLANNING & DEVELOPMENT SERVICES """'"V "1:"" t:^C\A'ATt:C . 585 MAIN STREET, SUITE 201 I DUNEDIN, FL34698 : PHONE NO.:727/733-9400, FAX NO.: 727/733-9555 I Jarzen, Sharen From: Sent: To: Subject: Jarzen, Sharen Wednesday, May 11,2005 10:32 AM Wlelecki, Karl RE: Beach by Design - part 2 of 2 Yes. Sharen -----Original Message----- From: Wielecki, Karl Sent: Wednesday, May 11, 2005 10:30 AM To: Jarzen, Sharen Subject: FW: Beach by Design - part 2 of 2 Are these coming out mostly black on your screen? -----Original Message----- From: Jim Graham [mailto:graham81@tampabay.rr.com], Sent: Wednesday, May 11, 2005 10:25 AM To: Wielecki, Karl Subject: Beach by Design - part 2 of 2 Karl, Attached are U1, U2 & U3 for your use. Melissa 1 Jarzen, Sharen From: Sent: To: Subject: Wielecki, Karl Wednesday, May 11, 2005 10'30 AM Jarzen, Sharen FW: Beach by Design - part 2 of 2 IJ" " r, > I iJ U3.bmp U1.bmp U2.bmp Are these coming out mostly black on your screen? -----Original Message----- From: Jim Graham [mailto:graham81@tampabay.rr.com] Sent: Wednesday, May 11, 2005 10:25 AM To: Wielecki, Karl Subject: Beach by Design - part 2 of 2 Karl, Attached are U1, U2 & U3 for your use. Melissa 1 Jarzen. Sharen From: Sent: To: Cc: Subject: Wielecki, Karl Wednesday, May 11, 2005 9:04 AM 'jimgda@tampabay.rr com' Jarzen, Sharen; 'graham81@tampabay.rr.com' latest OF plans Jim, Comments on the latest plans: H2 - are we not going with the "incentive" option for Res over Com along Mandalay? - the same color- orange- is used for 2 different heights U2 _ distinguish between multi-family and overnight accomodations; these are 2 different uses per our regulations (same comment on U3). If you intend to show these light blue areas as used by both m.f. and by hotels, then label clearly that these are multi family and overnight accomodatlons. Remove "time share" from the legend U3 - the red and orange next to each other stili seem too close. Can you lighten the orange slightly (on this and all other plans)? General- - The Verizon lot needs to be shown as a regular privately-owned lot, not as a public lot. - Why is the SWC of the Palm Pavillion lot at the Wend of Bay Esplanade blanked out on some of the plans? _ I suggest plaCing a big box In the white area at the bottom of each sheet, labeled "Place a red dot here If you prefer this plan" (or blue, depending on the plan- red for uses/blue for heights) or something to that effect, to make It clear that they are to vote for an entire plan, and not to place dots on areas of the plans. _ It appears that the legend boxes should be spaced farther apart vertically, as the text next to the boxes IS a little close vertically, especially on U2 & U3 _ The "w/residentlal" phrase in the legends of U 1, U2 & U3 should be completely spelled out, such as "with residential" You mentioned to Sharen that you'll emall me these maps for Inserting in my presentation. If so, pis convert to either .bmp or .jpg, as I can't insert a .pdf into Powerpoint. I can insert those as the last 6 slides, and pass the mike over to you after I finish with my part. Karl Wielecki, AICP Planner II City of Clearwater Planning Department 727 -562-4553 kart wieteckl@myctearwater.com 1 Jarzen, Sharen From: Sent: To: Subject: Jarzen, Sharen Wednesday, May 11, 20058:55 AM Wielecki, Karl Maps for Old Florida District Karl, Per our discussion, the orange should be lighter to distinguish it from the red. Also, it appears that the legend boxes should be spaced farther apart vertically, as the text next to the boxes is a little close vertically, especially on Uses #2 & #3. The "w/residential" phrase In the legends of Uses #1, #2 & #3 should be completely spelled out, such as "with reSidential" The red and blue dots placed on the maps to show folks which color to use should also have a little text note adjacent that the dots are not supposed to be placed on the actual map, but on the white color along the edge. Sharen 1 Jarzen, Sharen From: Sent: To: Cc: Subject: Wieleckl, Karl Tuesday, May 10, 2005442 PM 'Jim Graham' Jarzen, Sharen RE: Beach by Design I just looked ,at one plan, and an initial comment is that the Verizon piece should not be 'public' since this is a private utility and this lot can be redeveloped. KW -----Original Message----- From: Jim Graham [mailto:graham81@tampabay.rr.com] Sent: Tuesday, May 10, 2005 4:19 PM To: Wielecki, Karl Subject: Beach by Design Karl, Attached are the revised drawings for your final review. Melissa 1 Jarzen, Sharen From: Sent: To: Subject: Wielecki, Karl Tuesday, May 10, 2005 4:27 PM Jarzen, Sharen FW' Beach by Design ."" ki<!~ iltia H1.PDF s ~ U ~ t;; U2.PDF U3.PDF H2.PDF H3.PDF U1.PDF -----Original Message----- From: Jim Graham [mailto:graham81@tampabay.rr.com] Sent: Tuesday, May la, 2005 4:19 PM To: Wielecki, Karl Subject: Beach by Design Karl, Attached are the revised drawings for your final review. Melissa 1 SITE PLAN - USES OPTION #1 efS MULn-FAMlLY (OVER NIGHT ACCOMMODAnONS - HOTEL/MOTEL. CONDOS. nME SHARI:. I:1'C.) MllCI:D USI: (1ST FLOOR RI:1'AlL/OFFICI: W/RI:S/DI:NTAL ABOVE) PUBUC GARAGI: I SITE PLAN - USES OPTION #2 OLD FLORIDA DISTRICT CLEARWATE'R BEACH CLEARWATER, FLORIDA BY CK J\~. D"'.....'.\C,o,_ J<4>\Joo\;loo\\o' I~.u F'-<<o 0....... CIo......, e'''''''-CESIr.~\COLO~\l,J5E5_ c 0 10 f l 'I p-" ! - []>C~ >-n; g~~ ~6~ " " GRAHAM DESIGN ASSOCIATES, FA ARCHITECTS-PLANNER5 1121) 133-~tOO SSS MOIn Str~~t S..te 1201 Oil1edln Fl,"",d" 3~'~B FAX 133-9555 NO DATE REVISIONS c 0 <J1 , 1'1'1-" ~. ,. n LJ ~,., , } ll' ^~ , 'l)'~ " ~ <~" ,l1' BOAT SUPS NORTH ~ D'" " , MUln-FAMJ1Y (ATTACHED HOUSING - NO OVERNIGHT ACCOMMODATIONS) HOTEl/MOTU (OVER NIGHT ACCOMMODAnONS) MIXED USE (1ST FLOOR RETAIl/OFFICE W/RES/DENTAI. ABOVE) SITE PLAN - USES OPTION #1 I SITE PLAN - USES OPTION #1 OLD FLORIDA DISTRICT CLEARWATER BEACH CLEARWATER. FLORIDA PUBUC GARAGE GRAHAM DESIGN ASSOCIA TES, P A ARCHITECTS-PLANNERS 1121) 1:;:; ~~OO 58; "..n 5lF.~t SlIte #201 D..,~d1n Florld~ :;''''~B FAX 133-~S55 NO DATE REVISIONS BY CK. I 0 \)J :r 1'1 n-l>. , , I ~~~ om g5~ " 7 ,p l' h; SITE PLAN - HEIGHT OPTION #3 I SITE PLAN - HEIGHT OPTION #3 OLD FLORIDA DISTRICT CLEARWATER BEACH. FLORIDA GRAHAM DESIGN ASSOCIA TES, P A BOAT SlIPS NORTH ~ ~\: v PUBUC ", D 35'-0" BUILDING HEIGHT 50'-0" BUILDING HEIGHT 75'-0" BUILDING HEIGHT ARCHITECTS-PLANNERS 11211 U3-~~OO 585 Man Street S\lte ~201 D"nedln Flor,de 31''18 FAX 133-%5. NO DATE REVISIONS BY CK I 0 <J1 , '!qn"" , , []>C~ 8~~ om ~Q~ " I BOAT SUPS SITE PLAN - HEIGHT OPTION #1 I SITE PLAN - HEIGHT OPTION #1 OLD FLORIDA DISTRICT CLEARWAlJ:R OEACH. FLORIDA "::"RCHITECTS-PLANNERS ll21l 133-~~OO 585 MOln &tr~~t 5~te 1201 Dun~d1M Florrdo 3~'% fAX 133-~555 GRAHAM DESIGN ASSOCIATES, P A NORTH ~ 75'-0' BUILDING HEIGHT PUBUC 50'-0" BUILDING HEIGHT REVISIONS BY OK NO DATE I 0 10 ':' '1'1 ,,::;;: . .l; ~.. >co g*~ om ~5~ " . '< ~'< ), ' l SITE PLAN - HEIGHT OPTION #1 I SITE PLAN - HEIGHT OPTION #2 OLD FLORIDA DISTRICT CLEARWATER BEACH. FLORIDA GRAHAM DESIGN ASSOCIA TES. P A BOAT SUPS NORTH ~ PUBUC W'" , J)'-O. BUILDING HEIGHT .' l,,'/' 6(y-0" BUILDING HEIGHT 50'-0. BUILDING HEIGHT ARCHITECTS-PLANNERS mlJ 'H~~100 585 n"," 5LreeL s..u ~201 D_o2" Flondo 3'1'48 FAX 133-4555 REVISIONS c W ~ ~ ~ s ~--h. ~ " ~ ~ ~ CJ <J1 , LJrg g~~ Q' ~5: " " BOAT SUPS sin PLAN - USES OPTION #3 ~ GRAHAM DESIGN ASSOCIA TES, P A I SITE PLAN - USES OPTION #3 OLD FLORIDA DISTRICT CLEARWATER BEACH CLEARWATER, FLORIDA PI/BUC MULTI-FAMILY fOVfR NIGHT ACCOMMODATIONS - HOnL/MOnL CONDOS. TIME SHARE. ETC.l HOnL/MOnL fOVEll NIGHT ACCOMMODATIONSl MIXED USE fIST FLOOR RETAIL/OFFICE W/RESIDENTAL ABOVf) ARCHITECTS-PLANNER5 ml)n3-~100 585 ""'" 5treel 5..t" 1201 D..,,,din Flor,,,,, 31'~8 FAX n3-"i5S5 NO DATE REVISIONS BY CK. Jarzen, Sharen From: Sent: To: Subject: Wleleckl, Karl Tuesday, May 10, 2005 11 12 AM Jarzen, Sharen FW. Beach by Design -----Original Message----- From: Wielecki, Karl Sent: Tuesday, May 10, 2005 11:10 AM To: 'Jim Grah'am' Cc: Clayton, Gina Subject: RE: Beach by Design 1. I'd recommend removing fr~m the legend those items that are not shown on the particular map. 2. correct spelling of 'accomodations' 3. close parentheses on 2nd item 4. So 2nd item includes hotels and multi-family? Meaning that those uses would allow both transient stays of 30 days or less and longer stays, including permament residents? If so, it should say multi-family dwellings. 5. The red, pink, and orange seem too similar to each other and may throw some people off. I suggest modifying those to show clear distinctions between colors. 6. Does the first-floor commmercial allow anything on top? If not, it should clearly state that these are to be one story commercial buildings. If these are to be mixed-use, with res. above commercial like we discussed, that should be made clear in the legend. 7. 'Public' on this map means only open space, not surface parking lots? If so, let's label it that way. Otherwise, distinguish between open space/park and parking lots. Karl, -----Original Message----- From: Jim Graham [mailto:graham81@tampabay.rr.com] Sent: Tuesday, May 10, 2005 10:37 AM To: Wielecki, Karl Subject: Beach by Design Karl, Attached one of our revised drawings. Please review colors and wording in the legend so that we can proceed. Melissa 1 Jarzen, Sharen From: Sent: To: Subject: Wielecki, Karl Tuesday, May 10, 2005 11 12 AM Jarzen, Sharen FW. Beach by Design ~ USES.PDF -----Original Message----- From: Jim Graham [mailto:graham8l@tampabay.rr.com] Sent: Tuesday, May 10, 2005 10:37 AM To: Wielecki, Karl Subject: Beach by Design Karl, Attached one of our revised drawings. Please review colors and wording in the legend so that we can proceed. Melissa 1 SITE PLAN USES OPTION #3 NORTH ~ II ATTACHED HOI/SING (MI/LTI-FAMlLY! ATTACHED HOI/SING (OVER NIGHT ACCOMlDAnONS - HOTU/Mon:L CONDOS. nME SHARE. ETC OVER NIGHT ACCOMJl)ATIONS (HOTfVMOTfLl II 1ST FLOOR COMMfRClAL (RETAlVOFF/CEl P\l8UC GARAGE J VI, D..-.\C......, ....\""'\~OOI\Of-l. .; ''''''do 0....... c....._ e..,,"'e~""'COCO~'U~.~_ c (}l ~I 'i o U1 , ~ ~~ ~~~ om ~5~ " x GRAHAM DESIGN ASSOCIATES, P A I SITE PLAN - USES OPTION #3 OLD FLORIDA DISTRICT CLEARWATER BEACH CLEARWATER. FLORIDA ARCHITECTS-PLANNERS ml1 '33-'~OO 585 Main Strut 5UlO ~201 O.".gn fl""da 3'~"1l fAX 133-1555 NO DATE REVISIONS BY CK GRAr1AM DESIGN ASSOCIATES, P.A. INVOICE PROJECT: OLD FLORIDA DISTRICT DESIGN SERVICES FOR CITY OF CLEARWATER DATE: 5/1/2005 INVOICE NO.: 05-14A DELIVER TO: Planning Department City of Clearwater 100 S Myrtle Avenue 2nd Floor #210 Clearwater, FL 33756 ARCHITECT'S NO.: 05-14 P.O.ST100984 (2 COPIES EACH) MAIL 2 COPIES OF INVOICE TO: City of Clearwater 100 S Myrtle Avenue POBox 4748 Clearwater, FL 33756-5520 THIS INVOICE IS DUE AND PAYABLE UPON RECEIPT! Contract Amount - Hourly not to Exceed P. o. Less Payment Received to Date Total Amount Remaining on Contract $ 20,00000 $ $ 20,00000 Architectural Services: (covers the penod week ending 4/7/05 Through 4/28/05) This penod Includes architectural time accrued for meetings with City of Clearwater and the Public Hours 165 260 00 425 Per Hour per hour $13500 Pnnclpal/Archltect per hour $10000 Project Manager per hour $65 00 Sr Draftsperson $2,227 50 $2,60000 $000 TOTAL AMOUNT DUE AT THIS TIME I 'V; ~\~1 ' (? ..1\ ~~ 4' ~\ $4,827.50 10) fHfJ ~ 0 IVnr ijj' UU I'.!,y ~_2 ~~JJ1j PLAj~t~;",:~ ~ r:';, 1 - ,- -;: r S\jCS C'I<' f;:r . - '.. . ,: t-? ; . ' . ''''~ "^,,. , L. _" '. - 585 MAIN STREET, SUITE 201 DUNEDIN, FL34698 PHONE NO.:727/733-9400, FAX NO.: 727/733-9555 'f. ,,\' Wielecki, Karl From: Sent: To: Subject: Clayton, Gina Thursday, April 28, 2005 10:27 AM Wielecki, Karl FW: Requisition 102648 FYI - for your file. --mOnglnal Message----- From: Haines, Angel Sent: Fnday, Apnl 22, 2005 10:17 AM To: Clayton, Gina; Delk, Michael Subject: FW: RequIsition 102648 The PO for Graham Architects has been established. m--Onglnal Message----- From: McKibben, George Sent: Thursday, Apnl 21, 2005 3:20 PM To: Haines, Angel Subject: RE: ReqUISition 102648 ST100984 -----Onglnal Message----- From: Haines, Angel Sent: Thursday, Apnl 21, 2005 2:55 PM To: McKibben, George Subject: FW: ReqUISition 102648 Hi George this has been added in the system, can you select the vendor when creating the PO? Please advise. Thanks. Angel -----Onglnal Messagem-- From: Keegan, Jennie Sent: Thursday, Apnl 21, 2005 2:45 PM To: Haines, Angel Subject: RE: ReqUISition 102648 ADDED. -----Onglnal Message--m From: Haines, Angel Sent: Thursday, Apnl 21, 2005 2:38 PM To: Keegan, Jennie Subject: FW: ReqUISition 102648 hello Jennie, I need to have a new vendor added: Graham Design Associated, P.A. 585 Main St, Suite 201 Dunedin, FL 34698 1 it' " . Thank you. -----Onglnal Message----- From: McKibben, George Sent: Thursday, Apnl 21, 2005 2:23 PM To: Haines, Angel Subject: RequIsition 102648 You entered a requisition without selecting a vendor. Perhaps you needed to add on to the Ross vendor file by contacting Jennie Keegan. In any case, the vendor needs to be added to the requisition. From the descnptlon block I suspect the name is Graham Design Associates. 2 Clayton. Gina From: Sent: To: Subject: Tarapani, Cyndi Monday, Apn111, 2005 1 :15 PM Clayton, Gina RE: Contract with Jim Graham yes, I'll explain in managers meeting. thanks. Cyndi Tarapani Planning Director (727)562-4547 cynill. tarapani@myclearwater.com -----Onglnal Message--m From: Clayton, Gina Sent: Monday, Apnlll, 2005 12:17 PM To: Tarapanl, Cyndl Subject: RE: Contract With Jim Graham Was this resolved? m--Onglnal Message----- From: Tarapanl, Cyndi Sent: Fnday, March 25, 2005 12:08 PM To: Akin, Pam; Clayton, Gina Cc: Wleleckl, Karl; Dougall-Sides, Leslie; Delk, Michael Subject: RE: Contract With Jim Graham Pam-I will send you an earlier legal opinion that Bryan wrote allowing us to hire an architect as sole source. We do intend to stay under the limit of $20,000 referenced in Bryan's opinion on the contract for Jim Graham. If this opinion of Bryan's resolves your concerns, would you please let me know and I will revise the contract to delete the Mayor's signature. Thanks for your help in moving this along- we are approaching a time crunch if we don't get Graham under contract middle of next week. Thanks again. Cyndi Tarapani Planrung Director (727)562-4547 cynill. taraparu@myclearwater.com m--Onglnal Messagenm From: Akin, Pam Sent: Thursday, March 24, 2005 1:39 PM To: Clayton, Gina Cc: Tarapanl, Cyndl; Wleleckl, Karl; Dougall-Sides, Leslie Subject: RE: Contract With Jim Graham Why is this sole source? As long as you followed the purchasing requirements for selection (sole source is an option) based on the dollar amount, the Mayors signature is not reqUired. --mOnglnal Messagemn From: Clayton, Gma Sent: Thursday, March 24, 2005 1:13 PM To: Akin, Pam Cc: Tarapanl, Cyndl; Wleleckl, Karl Subject: FW: Contract With Jim Graham 1 Pam - Leslie reviewea a contact for me to get Jim Graham (archltel,;() on board for the Old Florida District study. She provided me the comment below before she went out of town. I have revised the scope to address her concern. Could someone please review this In her absence? I need to have Jim under contract no later than March 30th. Also - since thiS IS a sole source contract and will not exceed $20,000, does the Mayor need to sign this? The sample contract I used includes a place for the Mayor's signature. Thanks. Please see Section1 Scope of Services and Section 4 Deliverables. I replaced references to "design alternatives" to "design concepts and potential development scenarios." I would appreciate it if comments would be sent to Karl Wielecki as I will be out of the office for 2 weeks starting tomorrow. Thanks. Thanks. << File' Independent Contractor Agreement form.doc>> -----Onglnal Message----- From: Dougall-Sides, Leslie Sent: Tuesday, March 22, 2005 5:37 PM To: Clayton, Gina Subject: RE: Contract with Jim Graham Looks better; I'm still not sure what a design alternative looks like; is it a report, drawings, or what? -----Onglnal Message----- From: Clayton, Gina Sent: Tuesday, March 22, 2005 4:26 PM To: Dougall-Sides, Leslie Cc: Wleleckl, Karl Subject: RE: Contract with Jim Graham Importance: High Leslie- I'm seeing Jim Graham on Wed afternoon. If you get a chance to review the revised contract Wed. morning, I could probably get him to sign the scope in the afternoon and then forward to the Manager for signature. I noticed the form you sent me has a place for the Mayor's signature. Since we won't be spending more than $20,000, does the Mayor still have to sign? -----Onginal Message---n From: Clayton, Gina Sent: Tuesday, March 22, 2005 4:21 PM To: Dougall-Sides, Leslie Subject: RE: Contract With Jim Graham Disregard the previous contract - this is the most current. thanks. << File: Independent Contractor Agreement form doc >> -----Onglnal Message----- From: Clayton, Gina Sent: Tuesday, March 22, 2005 4:04 PM To: Dougall-Sides, Leslie Subject: RE: Contract With Jim Graham Importance: High Here is the revised scope. Please let me know if this is okay so I can get Jim on Board before I am out of the office for 2 weeks starting on thiS Fnday. thanks. << File: Independent Contractor Agreement form.doc >> -----Onglnal Message----- From: Dougall-Sides, Leslie Sent: Fnday, March 18, 20059:13 AM To: Clayton, Gina 2 Subjet.~: RE: Contract with Jim Graham Coments: 1. Scope of Services should be more specifically described. 2 Identify Deliverables and date of delivery. 3. In Payment para~, add that payment shall be made "In accordance with the Florida Prompt Payment Act". 4. In para. 11 , line 6, should be "purpose". -----Onglnal Message----- From: Clayton, Gina Sent: Wednesday, March 16, 2005 10:20 AM To: Dougall-Sides, Leslie Subject: FW: Contract With Jim Graham In looking through my e-mails I realized this may not have had the attachment. I'm sending for your review. I need to get Jim on board as soon as we can. thanks. << File: Independent Contractor Agreement form.doc >> -----Onglnal Messagenm From: Clayton, Gina Sent: Fnday, March 11, 2005 3:55 PM To: Dougall-Sides, Leslie Subject: Contract With Jim Graham Attached please find the contract for work with Jim Graham. Please review and let me know if this is okay. I changed"the title from Independent Contract to Consulting Services Agreement. We are hiring Graham Design as sole source. They have recent interesting work In urban environment (downtown), he has an architect who has done a substantial amount of work in Hawaii (coastal environment) and the firm does not do work on the beach - which we believe makes this firm very neutral. Thanks! 3 Page 1 of2 Wielecki, Karl ~ ~--- ~~-_._-------- ~~--~ -~- -------,- ~ ~_._^--~---~----- ~"~--y-~->-~~--~^ ....-- ~ ~--~.- ~-~-~~~---- --~~--~~~._~----_._--~-- To: Jim Graham Subject: RE. Meetings 2-4 -----Original Message----- From: Jim Graham [mailto:jimgda@tampabay.rr.com] Sent: Wednesday, April 06, 2005 10:48 AM To: Wielecki, Karl Subject: Re: Meetings 2-4 Karl What I understand our agreement for work is to include the following: . Attend the 4 meetings and participate in the discussions in order to explain presented material or assist the City staff in answering questions, . First meeting assist City Staff as part of the Facilitating team to gather imput and concerns from the public reguarding the Old Florida District on the Clearwater Beach. . Between meetings aSSIst the City Staff as necessary in compiling the information gathered at the first meeting and putting into a format representing the most important to the least important concerns as presented by the public from the first meeting, The information collected and organized is to be presented at the 2nd meeting. . The second meeting assist the City Staff by responding to questions concerning the information gathered at the first meeting. Collecting additional information in relationship to the information from the first meeting. Participate in round table discussions with the public concerning the effect the information gathered will have on specific areas within the Old Florida District as represented by the maps provided by the City. . Between the second and third meeting develop drawings, sketcI:es, and other graphic information that will assist in the understanding of the proposed recommendations developed from the first two meetings. Meet with staff to review proposed graphic material and make adjustments as deemed necessary to arrive at a basic schematic presentation for the third meeting. . Attend the third meeting and make a presentation of the drawings, sketches and other graphic information as it relates to the Old Florida District and information gathered from the previous meetings. Participate in a round table discussion with the Public and City Staff concerning the graphic information presented and gather additional information as it concerns the material presented. . Between the third and fourth meeting further develop the drawings, sketches, renderings and other graphic information. Meet WIth City Staff to discuss any changes or additions to the graphic information which will be made prior to the fourth meeting. . Present the graphic information at the fourth meeting and answer questions as they concern the graphic information presented. . After fourth meeting attend meeting with City Staff for a synopsis review of the information as presented to the Public. Kar1.Wieleck1@myClearwater.com wrote: Ii /1 1 II")()(\C CONSULTING SERVICES AGREEMENT sf- This AGREEMENT made this / day of ~ !I ~) I t; r t' I:~ \'1 \ ~ I ! [' ! f1 '\1 J ' \ ) 'C1 .J .-, III I I ~ -- - - . I i I~ llj~ APR 0 6 Z005 !__I!.li \ : I~y-:;.;:;:;;::-_.::::;,;;.: ~:::~::::'".::.;~, ,.:::::-:j 2005, by and between the City of Clearwater, Florida (City), a Florida municipal corporation, P. O. Box 4748, Clearwater Florida 33758-4748, and Graham DeSign Associates, P.A., a Flonda Professional Association (Consultant), with its office located at 585 Main Street, Suite 201 Dunedin, Florida 34698 WHEREAS, City desires to have a Consultant perform design services related to the Old Florida District study; and WHEREAS, Consultant agrees to provide said services under the terms and conditions of this Agreement; NOW THEREFORE, in consideration of the mutual covenants herein contained, the parties agree as follows: 1. SCOPE OF SERVICES. The Consultant agrees to provide design services for the Old Florida District study, including but not limited to: participation in the public input process conducted between April 2005 - June 2005; the preparation and presentation of a variety of graphics to illustrate design concepts and potential development scenarios for the Old Florida District as a result of public and staff input. Graphics may include photographs, - sketches, drawings, computer graphics and/or any other form agreed upon by the City and Consultant. It is expressly understood that the public process will guide the type and amount of work and timing of this project and that the project schedule and/or types of graphics needed may change from time to time. 2. TIME OF PERFORMANCE. Consultant will begin performance of the design study upon signature of contract. This Agreement may be renewed if additional work is needed by mutual, written consent of both parties. 3. CONTACT FOR RESPONSIBILITY. Gina L. Clayton, Long Range Planning Manager or her designee will be the Project Manager and the primary pOint of contact for the Consultant in regard to this project. In addition, the Consultant will direct all media, press or general public inquires to the City's Project Manager for response At her discretion, the Project Manager may authorize the Consultant to respond to these inquires as appropriate. 4. DELlVERABLES. The Consultant agrees to provide design concepts and potential development scenarios-for the Old Florida District. Said materials shall-bein-both --- graphic and in compatible electronic formats, and may include photographs, sketches, drawings, computer graphics and/or any other agreed upon documentation determined to be necessary through the planning and public input process. Date of delivery will be as dictated by the public input process. Deliverables of the Project shall be accessible by the parties (Word is the preferred format for written materials and JPEG/PDF for graphics). 5. COMPENSATION. The Consultant shall be compensated on an hourly basis based on the standard hourly rates as set forth below but not to exceed $20,000: a. Principal Architect - a fixed rate of One Hundred Thirty-Five Dollars ($135.00) per hour; b. Project Architect - a fixed rate of One Hundred Dollars ($100.00) per hour; c. Tech I - a fixed rate of Sixty-five Dollars ($65.00) per hour; d. Tech II/Administrative - a fixed rate of Fifty -Five Dollars ($55.00) per hour; e. Tech III - a fixed rate of Forty-Five Dollars ($45.00) per hour; and 6. METHOD OF PAYMENT. Consultant shall provide invoices with the proper documentation detailing the work completed, deliverable, etc. and City agrees to pay after approval of the City Project Manager and in accordance with the Florida Prompt Payment Act. 7. TERMINATION OF AGREEMENT. The City at its sole discretion may terminate this Agreement by giving Consultant ten (10) days written notice of its election to do so and by specifying the effective date of such termination. The Consultant shall be paid for its services through the effective date of such termination. Further, if Consultant shall fail to fulfill any of its obligations hereunder, this Agreement shall be in default, the City may terminate the Agreement, and consultant shall be paid only for work completed. The Consultant may 2 terminate the Agreement in the event that circumstances beyond the control of Consultant result in impossibility of performance of the Agreement, including, but not limited to, dissolution of corporate existence of Consultant. In such an event the Consultant shall notify the City in writing at-leasHen-(10) days in advance of the termination date. 8. NON-DISCRIMINATION. The Consultant shall comply with Title VI of the Civil Rights Act of 1964, Section 504 of the Rehabilitation Act of 1973, and Title I of the Americans with Disabilities Act of 1990 in that: No person in the United States shall on the grounds of race, creed, color, national origin, sex age, political affiliation, beliefs, or disability be subject to discrimination under any program or activity that the Consultant has agreed to undertake by and through the covenants and provisions set forth in this Agreement. There shall be no discrimination against any employee who is employed in the work covered by the Agreement, or against applicants for such employment, on said grounds. This provision shall include, but not be limited to the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rate of payor other forms of compensation; and selection for training, including apprenticeship. 9. INTERESTS OF PARTIES. The Consultant covenants that its officers, employees and shareholders have no interest, direct or indirect, which would conflict in any manner or degree with the performance of services required to be performed under this Agreement. 10. INDEMNIFICATION AND INSURANCE. Consultant agrees to protect, defend, indemnify and hold the City and its officers, employees and agents free and harmless from and against any and all losses, penalties, damages, settlements, costs, charges, professional fees or other expenses or liabilities of every kind and character arising out of or due to any negligent act or omission of Consultant in connection with or arising directly or indirectly out of this Agreement and/or the performance hereof. Without limiting her liability under this Agreement, Consultant 3 shall procure and maintain professional liability insurance during the life of this Agreement. This provision shall survive the termination of this Agreement. 11. PROPRIETARY MATERIALS. Upon termination of this Agreement, Consultant shall transfer, assign and make available to City or-its-representatives all property and materials, written and/or electronic, in the Consultant's possession belonging to, authorized for preparation and/or paid for by the City. The City and/or their duly authorized representatives shall have access to any books, documents, papers, drawings, photographs, computer files and financial records of the consultant which are directly pertinent to the Agreement, for the purpose of making audit, examinations, excerpts, and transcriptions. The Consultant shall maintain all required records for five (5) years following the later of final payment by the City or closure of all pending matters. When publications, films, or similar materials are developed directly, or indirectly, from the Project, any copyright resulting therefrom shall be held by the City. 12. REMEDIES, OTHER THAN TERINATION OF AGREEMENT, FOR BREACH; ATTORNEYS' FEES AND JURISDICTION. In the event of breach of this Agreement by either party, the other party shall have such administrative, contractual, or legal remedies as provided by this Agreement, the Code of Ordinances of the City of Clearwater, and the laws of the State of Florida. In the event that either party seeks to enforce this Agreement through attorneys at law, then the parties agree that each party shall bear its own attorneys' fees and costs, and that jurisdiction for any court action filed regarding this Agreement shall be in a court of competent jurisdiction in Pinellas County, Florida. Termination of this Agreement shall be in accordance with the provisions of paragraph 7 above. 13. GOVERNING lAW. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. 4 IN WITNESS WHEREOF, the City and Consultant have executed this Agreement on the date first above written. CITY OF CLEARWATER, FLORIDA Attest: ~~'+ William B. Horne II City Mana.]er Approved as to form: By: Tho Its: 5 Clayton. Gina From: Sent: To: Subject: Tarapani, Cyndi Tuesday, March 29, 2005 3:28 PM Clayton, Gina FW: Contract with Jim Graham copy of response for your file. thanks. Cyndi T arapani Planning Dltector (727)562-4547 cyndi. tarapani@myclearwater.com -----Onglnal Message----- From: Dougall-Sldes, Leslie Sent: Tuesday, March 29/ 2005 3:14 PM To: Akln, Pam; Tarapanl, Cyndl Cc: Wleleckl, Karl; Delk, Michael Subject: RE: Contract with Jim Graham Bryan's earlier opinion resolves any concerns I have at this point. Please revise the agreement to indicate City Manager signature, thanks! -----Onglnal Message----- From: Akln, Pam Sent: Tuesday, March 29/ 2005 2:01 PM To: Tarapanl, Cyndl Cc: Wleleckl, Karl; Dougall-Sldes, Leslie; Delk, Michael Subject: RE: Contract with Jim Graham Leslie is back, this IS her matter. -----Onglnal Message--m From: Tarapanl, Cyndl Sent: Tuesday, March 29/ 2005 1:57 PM To: Akln, Pam Cc: Wleleckl, Karl; Dougall-Sldes, Leslie; Delk, Michael Subject: RE: Contract With Jim Graham Pam-any status on this issue? I really need to get Graham under contract by Wednesday of this week-Thursday at the very latest. I appreciate your timely response. Cyndi T arapani Planrung Dltector (727)562-4547 cyndi. taraparu@myclearwater.com -----Onglnal Message--m From: Tarapanl, Cyndl Sent: Fnday, March 25/ 2005 12:08 PM To: Akln, Pam; Clayton, Gina Cc: WleleckJ, Karl; Dougall-Sldes, Leslie; Delk, Michael Subject: RE: Contract With Jim Graham Pam-I will send you an earlier legal opinion that Bryan wrote allowing us to hire an architect as sole source. We do intend to stay under the limit of $20,000 referenced in Bryan's opinion on the contract for Jim Graham. 1 . h If this opinion of BrycfA1s resolves your concerns, would you please let me know and I will revise the contract to delete the Mayor's signature. Thanks for your help in moving this along-we are approaching a time crunch if we don't get Graham under contract middle of next week. Thanks again. Cyndi Tarapani Planning Director (727)562-4547 cyndt. tarapani@myclearwater.com -----Onglnal Message-m- From: Akin, Pam Sent: Thursday, March 24, 2005 1:39 PM To: Clayton, Gina Cc: Tarapam, Cyndl; Wleleckl, Karl; Dougall-Sides, Leslie Subject: RE: Contract With Jim Graham Why is this sole source? As long as you followed the purchasing requirements for selection (sole source IS an option) based on the dollar amount, the Mayors signature is not required. -----Onglnal Messagenn- From: Clayton, Gina Sent: Thursday, March 24, 2005 1:13 PM To: Akin, Pam Cc: Tarapam, Cyndl; Wleleckl, Karl Subject: FW: Contract With Jim Graham Pam - Leslie reviewed a contact for me to get Jim Graham (architect) on board for the Old Florida Dlstnct study. She prOVided me the comment below before she went out of town. I have revised the scope to address her concern. Could someone please review this in her absence? I need to have Jim under contract no later than March 30th. Also - since this is a sole source contract and will not exceed $20,000, does the Mayor need to sign this? The sample contract I used includes a place for the Mayor's signature. Thanks. Please see Section1 Scope of Services and Section 4 Deliverables. I replaced references to "design alternatives" to "design concepts and potential development scenarios." I would appreciate it if comments would be sent to Karl Wielecki as I will be out of the office for 2 weeks starting tomorrow. Thanks. Thanks. << File: Independent Contractor Agreement form.doc >> -----Onglnal Messagemn From: Dougall-Sides, Leslie Sent: Tuesday, March 22, 2005 5:37 PM To: Clayton, Gina Subject: RE: Contract With Jim Graham Looks better; I'm stili not sure what a design alternative looks like; IS it a report, draWings, or what? -----Onglnal Message----- From: Clayton, Gina Sent: Tuesday, March 22, 2005 4:26 PM To: Dougall-Sides, Leslie Cc: Wleleckl, Karl Subject: RE: Contract With Jim Graham Importance: High Leslie- I'm seeing Jim Graham on Wed. afternoon If you get a chance to review the revised contract Wed. morning, I could probably get him to sign the scope in the afternoon and then forward to the Manager for signature. I noticed the form you sent me has a place for the Mayor's signature. Since we won't be spending more than $20,000, does the Mayor still have to sign? 2 -----Original Message----- From: Clayton, Gina Sent: Tuesday, March 22, 20054:21 PM To: Dougall-Sides, Leslie Subject: RE: Contract with Jim Graham Disregard the prevIous contract - this IS the most current. thanks. << File: Independent Contractor Agreement form.doc>> -----Original Message----- From: Clayton, Gina Sent: Tuesday, March 22, 2005 4:04 PM To: Dougall-Sides, Leslie Subject: RE: Contract with Jim Graham Importance: High Here is the revised scope. Please let me know if this is okay so I can get Jim on Board before I am out of the office for 2 weeks starting on this Friday. thanks. << File: Independent Contractor Agreement form.doc >> ---nOrlglnal Message----- From: Dougall-Sides, Leslie Sent: Friday, March 18, 20059:13 AM To: Clayton, Gina Subject: RE: Contract with Jim Graham Coments: 1. Scope of Services should be more specifically described. 2. Identify Deliverables and date of delivery. 3. In Payment para., add that payment shall be made "in accordance with the Florida Prompt Payment Act". 4. In para. 11., line 6, should be "purpose". -----Original Message----- From: Clayton, Gina Sent: Wednesday, March 16, 2005 10:20 AM To: Dougall-Sides, Leslie Subject: FW: Contract with Jim Graham In looking through my e-mails I realized this may not have had the attachment. I'm sending for your review. I need to get Jim on board as soon as we can. thanks. << File: Independent Contractor Agreement form.doc >> -----Orlglnal Message---n From: Clayton, Gina Sent: Friday, March 11, 2005 3:55 PM To: Dougall-Sides, Leslie Subject: Contract with Jim Graham Attached please find the contract for work with Jim Graham. Please review and let me know if this is okay. I changed the title from Independent Contract to Consulting Services Agreement. We are hiring Graham Design as sole source. They have recent Interesting work in urban environment (downtown), he has an architect who has done a substantial amount of work in Hawaii (coastal enVIronment) and the firm does not do work on the beach - which we believe makes this firm very neutral. Thanks! 3 Clayton. Gina From: Sent: To: Cc: Subject: Tarapani, Cyndi Friday, March 25, 2005 12:08 PM Akin, Pam; Clayton, Gina Wielecki, Karl; Dougall-Sides, Leslie; Delk, Michael RE: Contract with Jim Graham Pam-I will send you an earlier legal opinion that Bryan wrote allowing us to hire an architect as sole source. We do intend to stay under the limit of $20,000 referenced in Bryan's opinion on the contract for Jim Graham. If this opinion of Bryan's resolves your concerns, would you please let me know and I will revise the contract to delete the Mayor's signature. Thanks for your help in moving this along-we are approaching a time crunch if we don't get Graham under contract middle of next week. Thanks again. Cyndi T arapani Planning Du:ector (727)562-4547 cyndt. tarapani@myc1earwater.com -m-Onglnal Message----- From: Akin, Pam Sent: Thursday, March 24, 2005 1:39 PM To: Clayton, Gina Cc: Tarapanl, Cyndl; Wleleckl, Karl; Dougall-Sides, Leslie Subject: RE: Contract With Jim Graham Why is this sole source? As long as you followed the purchasing requirements for selection (sole source is an option) based on the dollar amount, the Mayors signature is not reqUired. ---nOnglnal Message-m- From: Clayton, Gina Sent: Thursday, March 24, 2005 1:13 PM To: Akin, Pam Cc: Tarapanl, Cyndl; Wleleckl, Karl Subject: FW: Contract With Jim Graham Pam - Leslie reviewed a contact for me to get Jim Graham (architect) on board for the Old Florida District study. She provided me the comment below before she went out of town. I have revised the scope to address her concern. Could someone please review this In her absence? I need to have Jim under contract no later than March 30th. Also - since this is a sole source contract and will not exceed $20,000, does the Mayor need to sign this? The sample contract I used includes a place for the Mayor's signature. Thanks Please see Sectlon1 Scope of Services and Section 4 Deliverables I replaced references to "design alternatives" to "design concepts and potential development scenarios." I would appreciate it if comments would be sent to Karl Wielecki as I Will be out of the office for 2 weeks starting tomorrow. Thanks. Thanks. << File: Independent Contractor Agreement form doc >> -----Onglnal Messagemn From: Dougall-Sides, Leslie Sent: Tuesday, March 22, 20055:37 PM To: Clayton, Gina Subject: RE: Contract With Jim Graham Looks better; I'm still not sure what a deSign alternative looks like; IS It a report, drawings, or what? 1 --mOnglnal Message----- From: Clayton, Gina Sent: Tuesday, March 22, 2005 4:26 PM To: Dougall-Sides, Leslie Cc: Wleleckl, Karl Subject: Importance: RE: Contract with Jim Graham High Leslie- I'm seeing Jim Graham on Wed. afternoon. If you get a chance to review the revised contract Wed. morning, I could probably get him to sign the scope In the afternoon and then forward to the Manager for signature. I noticed the form you sent me has a place for the Mayor's signature. Since we won't be spending more than $20,000, does the Mayor still have to sign? -----Onglnal Message----- From: Clayton, Gina Sent: Tuesday, March 22, 2005 4:21 PM To: Dougall-Sides, Leslie Subject: RE: Contract with Jim Graham Disregard the previous contract - this IS the most current. thanks. << File: Independent Contractor Agreement form.doc>> m--Onglnal Message-m- From: Clayton, Gina Sent: Tuesday, March 22, 2005 4:04 PM To: Dougall-Sides, Leslie Subject: RE: Contract with Jim Graham Importance: High Here is the revised scope. Please let me know if this is okay so I can get Jim on Board before I am out of the office for 2 weeks starting on this Friday. thanks. << File. Independent Contractor Agreement form.doc>> --mOnglnal Message----- From: Dougall-Sides, Leslie Sent: Fnday, March 18, 20059:13 AM To: Clayton, Gina Subject: RE: Contract with Jim Graham Coments: 1. Scope of Services should be more specifically described. 2. Identify Deliverables and date of delivery. 3. In Payment para., add that payment shall be made "in accordance with the Flonda Prompt Payment Act". 4. In para. 11., line 6, should be "purpose". -----Onglnal Message----- From: Clayton, Gina Sent: Wednesday, March 16, 2005 10:20 AM To: Dougall-Sides, Leslie Subject: FW: Contract With Jim Graham In looking through my e-mails I realized thiS may not have had the attachment. I'm sending for your review. I need to get Jim on board as soon as we can. thanks. << File. Independent Contractor Agreement form.doc >> -m-Onglnal Message--m From: Clayton, Gina 2 Sent: To: Subject: Friday, March 11, 2005 3:55 PM Dougall-Sides, Leslie Contract with Jim Graham Attached please find the contract for work with Jim Graham. Please review and let me know if this is okay. I changed the title from Independent Contract to Consulting Services Agreement. We are hiring Graham Design as sole source. They have recent interesting work in urban environment (downtown), he has an architect who has done a substantial amount of work in Hawaii (coastal environment) and the firm does not do work on the beach - which we believe makes this firm very neutral. Thanks! 3 Clayton, Gina From: Sent: To: Cc: Subject: Akin, Pam Thursday, March 24, 2005 1 :39 PM Clayton, Gina Tarapani, Cyndi, Wielecki, Karl; Dougall-Sides, Leslie RE: Contract with Jim Graham Why IS this sole source? As long as you followed the purchasing requirements for selection (sole source is an option) based on the dollar amount, the Mayors signature is not required. -----Onglnal Message----- From: Clayton, Gina Sent: Thursday, March 24, 2005 1:13 PM To: Akin, Pam Cc: Tarapanl, Cyndl; Wleleckl, Karl Subject: FW: Contract With Jim Graham Pam - Leslie reviewed a contact for me to get Jim Graham (architect) on board for the Old Florida District study. She provided me the comment below before she went out of town. I have revised the scope to address her concern Could someone please review this in her absence? I need to have Jim under contract no later than March 30th. Also - since this is a sole source contract and will not exceed $20,000, does the Mayor need to sign this? The sample contract I used Includes a place for the Mayor's signature. Thanks. Please see Sectlon1 Scope of Services and Section 4 Dellverables. I replaced references to "design alternatives" to "design concepts and potential development scenarios." I would appreciate It If comments would be sent to Karl Wielecki as I will be out of the office for 2 weeks starting tomorrow Thanks. Thanks. << File: Independent Contractor Agreement form.doc>> -----Onglnal Message----- From: Dougall-Sides, Leslie Sent: Tuesday, March 22, 2005 5:37 PM To: Clayton, Gina Subject: RE: Contract With Jim Graham Looks better; I'm stili not sure what a design alternative looks like; is It a report, drawings, or what? -----Onglnal Message----- From: Clayton, Gina Sent: Tuesday, March 22, 2005 4:26 PM To: Dougall-Sides, Leslie Cc: Wleleckr, Karl Subject: RE: Contract With Jim Graham Importance: High Leslie- I'm seeing Jim Graham on Wed. afternoon. If you get a chance to review the revised contract Wed. morning, I could probably get him to sign the scope in the afternoon and then forward to the Manager for signature. I noticed the form you sent me has a place for the Mayor's signature. Since we won't be spending more than $20,000, does the Mayor still have to sign? -----Onglnal Message----- From: Clayton, Gina Sent: Tuesday, March 22, 20054:21 PM To: Dougall-Sides, Leslie Subject: RE: Contract With Jim Graham Disregard the prevIous contract - this is the most current. thanks 1 << File: Independent Comractor Agreement form.doc >> -----Onglnal Message----- From: Clayton, Gina Sent: Tuesday, March 22, 2005 4:04 PM To: Dougall-Sides, Leslie Subject: RE: Contract With Jim Graham Importance: High Here is the revised scope Please let me know If this IS okay so I can get Jim on Board before I am out of the office for 2 weeks starting on this Fnday. thanks. << File: Independent Contractor Agreement form.doc>> -----Onglnal Message----- From: Dougall-Sides, Leslie Sent: Fnday, March 18, 20059:13 AM To: Clayton, Gina Subject: RE: Contract With Jim Graham Coments: 1. Scope of Services should be more specifically described. 2 Identify Deliverables and date of delivery. 3. In Payment para., add that payment shall be made "in accordance with the Florida Prompt Payment Act". 4. In para. 11., line 6, should be "purpose". -----Onglnal Message----- From: Clayton, Gina Sent: Wednesday, March 16, 2005 10:20 AM To: Dougall-Sides, Leslie Subject: FW: Contract With Jim Graham In looking through my e-mails I realized this may not have had the attachment. I'm sending for your review I need to get Jim on board as soon as we can. thanks. << File: Independent Contractor Agreement form doc >> -----Onglnal Message----- From: Clayton, Gina Sent: Fnday, March 11, 2005 3:55 PM To: Dougall-Sides, Leslie Subject: Contract With Jim Graham Attached please find the contract for work with Jim Graham. Please review and let me know if this is okay. I changed the title from Independent Contract to Consulting Services Agreement. We are hiring Graham Design as sole source. They have recent interesting work in urban environment (downtown), he has an architect who has done a substantial amount of work in Hawaii (coastal environment) and the firm does not do work on the beach - which we believe makes this firm very neutral. Thanks! 2 ( /\ ~ Wielecki, Karl From: Sent: i To: Cc: Subject: Clayton, Gina Tuesday, March 22, 20054:26 PM Dougall-Sides, Leslie Wielecki, Karl RE: Contract with Jim Graham Importance: High Leslie- I'm seeing Jim Graham on Wed. afternoon. If you get a chance to review the revised contract Wed. morning, I could probably get him to sign the scope in the afternoon and then forward to the Manager for signature. I noticed the form you sent me has a place for the Mayor's signature. Since we won't be spending more than $20,000, does the Mayor stili have to sign? -----Onglnal Message---u From: Clayton, Gina Sent: Tuesday, March 22, 2005 4:21 PM To: Dougall-Sides, Leslie Subject: RE: Contract with Jim Graham Disregard the previous contract - this is the most current. thanks. << File: Independent Contractor Agreement form.doc>> -----Onglnal Message----- From: Clayton, Gina Sent: Tuesday, March 22, 2005 4:04 PM To: Dougall-Sides, Leslie Subject: RE: Contract With Jim Graham Importance: High Here IS the revised scope. Please let me know if this IS okay so I can get Jim on Board before I am out of the office for 2 weeks starting on this Friday. thanks. << File: Independent Contractor Agreement form.doc >> -----Onglnal Message----- From: Dougall-Sides, Leslie Sent: Fnday, March 18, 20059:13 AM To: Clayton, Gina Subject: RE: Contract With Jim Graham Coments: 1 . Scope of Services should be more specifically described. 2. Identify Dellverables and date of delivery. 3. In Payment para., add that payment shall be made "in accordance with the Flonda Prompt Payment Act". 4. In para. 11., line 6, should be "purpose" -----Onglnal Message----- From: Clayton, Gina Sent: Wednesday, March 16, 2005 10:20 AM To: Dougall-Sides, Leslie Subject: FW: Contract With Jim Graham In looking through my e-mails I realized this may not have had the attachment. I'm sending for your review. I need to get Jim on board as soon as we can. thanks. << File: Independent Contractor Agreement form.doc>> 1 ", I ). -----Onglnal Message----- From: Clayton, Gina Sent: Fnday, March 11, 2005 3:55 PM To: Dougall-Sides, Leslie Subject: Contract With Jim Graham Attached please find the contract for work with Jim Graham. Please review and let me know if this IS okay. I changed the title from Independent Contract to Consulting Services Agreement. We are hiring Graham Design as sole source. They have recent interesting work in urban environment (downtown), he has an architect who has done a substantial amount of work in Hawaii (coastal environment) and the firm does not do work on the beach - which we believe makes this firm very neutral. Thanks! 2 Clayton, Gina From: Sent: To: Subject: Jane Carpenter [janegda@tampabay.rr com] Friday, March 11,200510:14 AM Clayton, Gina Jim Graham's - Hourly Rates ~ EJ standard hourly rates. doc Attached is our revised letter with administrative costs as requested. Jane @ Graham Design Associates Office Manager 727-733-9400 1 ARCHITECTS . PLANNERS . SINCE 1981 T. James Graham, President AA C000752 February 24,2005 City of Clearwater 100 S. Myrtle Avenue Clearwater, FL 33758 To Whom It May Concern: Listed below are our Standard Hourly Rates as requested. STANDARD HOURLY RATES (BEYOND THE SCOPE OF WORK): 1. Principal's time at a fixed rate of One Hundred Thirty-Five Dollars ($135.00) per hour. 2. Project Architect's time at a fixed rate of One Hundred Dollars ($100.00) per hour. 3. Tech I time at a fixed rate of Sixty-Five Dollars ($65.00) per hour. 4. Tech II/Administrative time at a fixed rate of Fifty-Five Dollars ($55.00) per hour. 5. Tech III time at a fixed rate of Forty-Five Dollars ($45.00) per hour. 6. Work performed by Consultants and/or others shall be billed at cost of 1.2 times for services rendered. Cordially, ~J. 6r~ Thomas J. Graham President T JG/jac 585 Main Street, Suite 201 - Dunedin, Florida 34698 - (727) 733-9400 - Fax (727) 733-9555 E-mail-graham81@tampabay.rr.com Clayton, Gina From: Sent: To: Subject: Dougall-Sides, Leslie Thursday, March 10, 20054:22 PM Clayton, Gina RE: Graham Contract Or Planning Consultant. Doesn't really matter.. -----Onglnal Message----- From: Clayton, Gina Sent: Thursday, March 10, 2005 4:03 PM To: Dougall-Sides, Leslie Subject: RE: Graham Contract Importance: High Do I refer to Graham as "consultant" throughout the document? -----Onglnal Message----- From: Dougall-Sides, Leslie Sent: Monday, March 07, 2005 3:37 PM To: Clayton, Gina Subject: Graham Contract Per your voicemalls, the correct description would be "Graham Design Associates, P.A., a Florida Professional Association", Let me know If you still have other questions re the consultant contract. 1 Clayton, Gina From: Sent: To: Subject: Dougall-Sides, Leslie Monday, March 07, 20053:45 PM Clayton, Gina RE, Graham Contract No, just as long as there are notes/documentation In the file It's o.k, Thanks, Mom is getting better and hopefully will be off respiratory support and out of the ICU In the near future. At 89, she is stili feisty! -----Onglnal Message----- From: Clayton, Gina Sent: Monday, March 07, 2005 3:39 PM To: Dougall-Sides, Leslie Subject: RE: Graham Contract Thanks, Do you want us to include reasons why he is considered sole source in the Whereas Clauses? I hope your mother is getting stronger! -----Onglnal Message----- From: Dougall-Sides, Leslie Sent: Monday, March 07, 2005 3:37 PM To: Clayton, Gina Subject: Graham Contract Per your vOlcemails, the correct description would be "Graham Design Associates, PA, a Florida ProfeSSional Association". Let me know if you still have other questions re the consultant contract. 1 Clayton, Gina From: Sent: To: Subject: Dougall-Sides, Leslie Monday, March 07, 20053:37 PM Clayton, Gina Graham Contract Per your voicemails.thecorrectdescrlptionwouldbe..GrahamDesignAssociates.P A., a Florida Professional Association" . Let me know if you still have other questions re the consultant contract. 1 Clayton, Gina From: Sent: To: Subject: Dougall-Sides, Leslie Thursday, February 24, 2005 2:55 PM Clayton, Gina RE: Contract Yes, this is the form consultant document. -----Onglnal Message----- From: Clayton, Gina Sent: Thursday, February 24,20051:12 PM To: Dougall-Sides, Leslie Subject: RE: Contract is this the same contract we use for consulting services? -----Onglnal Messagenn- From: Dougall-Sides, Leslie Sent: Tuesday, February 22, 2005 3:24 PM To: Clayton, Gina Subject: RE: Contract Here is the form independent contractor agreement. Just make sure you document for Purchasing that Graham possesses special/unique qualifications to perform the study. Also, recalling the IDS experience, I would like to be able to fine tune the form, so will review and make any suggestions. [If you have a copy of the correspondence between the City and IDS re payment and production of work product, that would be helpful to me...] << File: Independent Contractor Agreement form.doc >> --,--Onglnal Messagen--- From: Clayton, Gina Sent: Fnday, February 18, 2005 1:17 PM To: Dougall-Sides, Leslie Subject: Contract We would like to hire Jim Graham - Graham Architects to assist us in design work related to the Old Florida District study It is my understanding we can hire him as a sole source. Could you please e-mail our standard city contract? The work will be billed on a an hourly basIs. Thanks. 1 Clayton, Gina From: Sent: To: Subject: Dougall-Sides, Leslie Tuesday, February 22, 2005 3:24 PM Clayton, Gina RE: Contract Here is the form independent contractor agreement. Just make sure you document for Purchasing that Graham possesses special/unique qualifications to perform the study. Also, recalling the IDS experience, I would like to be able to fine tune the form, so will review and make any suggestions. [If you have a copy of the correspondence between the City and IDS re payment and production of work product, that would be helpful to me..,] ~ Independent 'ontractor Agreeme. -----Onglnal Message----- From: Clayton, Gina Sent: Fnday, February 18, 2005 1:17 PM To: Dougall-Sides, Leslie Subject: Contract We would like to hire Jim Graham - Graham Architects to assist us in design work related to the Old Florida District study. It IS my understanding we can hire him as a sole source. Could you please e-mail our standard city contract? The'work Will be billed on a an hourly basis. Thanks. 1 -I C' C .. A"ession Item #: L earwater Ity ommlSSlon Agenda Cover Memorandum Final Agenda Item # Meeting Date: 03-02-06 \ \-/~ SUBJECT/RECOMMENDATION: APPROVE amendments to Beach by Design: A Prehminary Deslgn for Clearwater Beach and Deslgn GUldelmes (BBD) that revise uses, building heights, stepbacks, setbacks, landscaping and parking access for the Old Florida District; that eliminate the live/work product in the Marina Residential District; that increase the maximum density for overnight accommodations; and that clarify the transfer of development rights provisions and PASS Ordinance No. 7546-06 on first reading. ~ and that the appropriate officials be authorized to execute same SUMMARY: . The Plannmg Department began a study of the Old Florida District in 2005 as directed by the City Council in order to address the discrepancy between the area's zoning and land use patterns and that which was recommended for development in BBD. . Subsequent to the ideas generated by four pubhc meetings in the Old Florida District and input from City Council at Work Sessions on August 29,2005 and January 19, 2006, revisions were developed relating to uses, building heights, stepbacks, setbacks, landscaping and parkmg access for the Old Florida District. . Due to lack of clarity regarding the definition of a live/work product and the apparent lack of market for such uses on the Beach, the Planning Department is proposing to eliminate the live/work product reference in the Marina ReSidential District. . In order to assist in the development of new hotels, the Planning Department is proposing to increase the maximum permitted density for overnight accommodations on Clearwater Beach from 40 to 50 units per acre. . The Department is also proposing revisions to the transfer of development rights provisions (TDR) to allow unlimIted use ofTDR for hotel development. Furthermore, restrictions are proposed to limit the transfer of the additIOnal hotel density granted by the proposed amendments. The Planning Department determined that the BBD amendments are 1) consistent with and further the goals, pohcles and objectives of the Comprehensive Plan; and 2) further the purposes of the Code and other City ordinances and actions designed to implement the Plan. 1~'3g Reviewed by: Originating Dept.: Costs Legal Info Srvc N/A PLANNING DEPARTMENT Total (Sharen Jarzen) Budget N/A Public Works N/A User Dept.: Funding Source: PurchaSing N/A DCM/ACM Planning Current FY CI Risk Mgmt N/A Other Attachments: Ordinance No. OP , 7576-06 STAFF REPORTS Other Submitted by: o None Appropriation Code: City Manager ... "''' Pnnted on recycled paper " -~ Please refer to the attached staff report for the complete staff analysis. The Community Development Board (CDB) will review the proposed amendment at its n;:gularly scheduled meetmg on February 21,2006, The Planning Department will report the recommendations of the CDB at the City Commission meeting. ~ ~ Jarzen, Sharen From: Sent: To: Subject: Clayton, Gina Thursday, March 09, 2006 10 26 AM Jarzen, Sharen FW Beach by Design Amendments For the file n---Onglnal Message----- From: Dougall-Sides, Leslie Sent: Thursday, March 09, 2006 10:24 AM To: Clayton, Gina Cc: Akin, Pam Subject: RE: Beach by Design Amendments Thanks, Gina I've reviewed the title and It is sufficient to cover the changes requested by Council ---nOnglnal Message-m- From: Clayton, Gina Sent: Wednesday, March 08, 2006 2:31 PM To: Hollander, Gwen; Dougall-Sides, Leslie; Goudeau, Cyndle Cc: Dewitt, Gina; Akin, Pam; Delk, Michael; Jarzen, Sharen; Brown, Steven Subject: Beach by Design Amendments Importance: High Attached IS the revised Beach by Design ordinance for 1 st reading on March 16th, The additional language requested by Council IS highlighted in yellow, If you need anything else, please let me know <<File 3-06-06 Final BBD Ord #7546-06 doc >> Gina L. Clayton Assistant Planning Director City of Clearwater glna.c layton@myclearwater.com 727-562-4587 1 >-. .~ Jarzen, Sharen From: Sent: To: Cc: . Subject: Clayton, Gina Wednesday, March 08, 20062 31 PM Hollander, Gwen; Dougall-Sides, Leslie, Goudeau, Cyndle Dewitt, Gina, Akin, Pam, Delk, Michael, Jarzen, Sharen, Brown, Steven Beach by Design Amendments Importance: High Attached is the revised Beach by Design ordinance for 1 st reading on March 16th, The additional language requested by Council IS highlighted In yellow If you need anything else, please let me know. ~ 3-06-06 Ftnal BBD Ord, #7546-0.., Gina L. Clayton Assistant Planning Director City of Clearwater g Ina.c layton@myclearwater.com 727-562-4587 1 ORDINANCE NO. 7546-06 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA MAKING AMENDMENTS TO BEACH BY DESIGN: A PRELIMINARY DESIGN FOR CLEARWATER BEACH AND DESIGN GUIDELINES; BY AMENDING SECTION II. FUTURE LAND USE, SUBSECTION A. THE "OLD FLORIDA" DISTRICT BY REVISING THE USES, BUILDING HEIGHTS, STEPBACKS, SETBACKS, LANDSCAPING AND PARKING ACCESS ALLOWED IN THE DISTRICT; BY AMENDING SECTION II. FUTURE LAND USE, SUBSECTION C. MARINA RESIDENTIAL DISTRICT BY DELETING THE REFERENCE TO A L1VE/WORK PRODUCT; BY AMENDING SECTIONS V.B AND VILA BY CLARIFYING TRANSFER OF DEVELOPMENT RIGHT PROVISIONS; BY INCREASING ALLOWABLE RESORT/ OVERNIGHT ACCOMMODATIONS DENSITY FROM 40 TO 50 UNITS PER ACRE; 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 WHEREAS, the public infrastructure and private improvements of Clearwater Beach are a critical part contributing to the economic vitality of the Beach; and I WHEREAS, substantial improvements and upgrades to both the public infrastructure I and private improvements are necessary to improve the tourist appeal and citizen I enjoyment of the Beach; and I I WHEREAS, the City of Clearwater has invested significant time and resources in: studying the Old Florida District of Clearwater Beach; and I I WHEREAS, Beach by Design, the special area plan governing Clearwater Beach,: contains specific development standards and design guidelines for areas of Clearwateri Beach that need to be improved and/or redeveloped; and ' WHEREAS, Beach by Design was not clear with regard to the "preferred uses" and! was not reflective of the existing uses located in the Old Florida District of Clearwater: Beach, and I WHEREAS, Beach by Design limited overnight accommodations greater than the! Comprehensive Plan and the City of Clearwater desires to incentivize new overnightl accommodation development; and WHEREAS, Transfer of Development Rights (TOR) need further clarification in! Beach by Design; and Ordinance No. 7546-06 1 WHEREAS, the City of Clearwater has the authority pursuant to Rules Governing the Administration of the Countywide Future Land Use Plan, as amended, Section 2.3.3.8.4, to adopt and enforce a specific plan for redevelopment in accordance with the Community Redevelopment District plan category, and said Section requires that a special area plan therefore be approved by the local government; and WHEREAS, the proposed amendment to Beach by Design has been submitted to the Community Development Board acting as the Local Planning Authority (LPA) for the City of Clearwater; and 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 on December 13, 2001, now therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. Beach by Design: A Preliminary Design for Clearwater Beach and Design Guidelines, Section II. Future Land Use, Subsection A. The "Old Florida" District, is amended as follows: A. The "Old Florida" District The Old Florida District. which is the area between Acacia the rear lot lines of property on the north side of Somerset Street and Rockaway Street. is an area of transition between resort uses in Central Beach to the low intensity residential neighborhoods to the north of Acacia Street. Existing uses are generally tho same as the balance of the Beach. Hov.'over, the scale and intensity of the area, 'A'ith relativoly fo'N exceptions, is substantially loss than comparable areas to the south. The mix of uses primarily includes residential, recreational. overniqht accommodations and institutional uses. Given the area's location and historical development patterns, this area should continue to be a transitional District. To that end, Beach by Desion supports the development of new overnioht accommodations and attached dwellinos throuohout the District with limited retail/commercial and mixed use development frontino Mandalay Avenue between Ba Es lanade and Somerset Street. Aaaitional~ wat~rifbnt:~r; urants. ate encoura~ed to'femdlm~anl:t/or laerate 6'?rpropEfrtyi,frontin€l@the 1'Sulf of 1M .:; Be'~~rn by IDesiqn also supports the continued use and expansion of the various institutional and public uses found throuqhout the District. To ensure that the scale and character of development in Old Florida provides the desired transition between the adiacent tourist and residential areas, enhanced site desiqn performance is a priority. Beach bv Desiqn contemplates cireater setbacks and/or buildinq stepbacks and enhanced landscapinq for buildinqs exceedinq 35 feet in Ordinance No 7546-06 2 heioht. The followino requirements shall apply to development in the Old Florida District and shall supersede any conflictino statements in Section VII. Desion Guidelines and the Community Development Code: 1. Maximum Buildino Heiohts. a. Buildinqs located on the north side of Somerset Street shall be permitted a maximum buildinq heioht of 35 feet; b. Buildinos located on the south side of Somerset Street and within 60 feet of the southerly rioht-of-way line of Somerset Street shall be permitted a maximum buildino heioht of 50 feet; and c. Property throuohout the remainder of the Old Florida District shall be permitted a maximum buildino heiqht of 65 feet. ~.eropertf~egaijvlapprlfved~na/o7' COQstr~~fedUas ])f;tbe"1miettof 'alibption ~n this";ordi~ance wT1ich ~rGeed,the':c!f1bwat:)le 'haIQhts'f>estabffsned inltf,f~ ~[ovisi0ns above', shaff be considerltd'leaalhl+conformino"unlesSJAv6iontarilM red~~IE> ' edY0r:/ in*ihet case iGf"!*i altvelo rriel'i1t~ ciroer~onl xt;"iralion" of' trne varld~develOPFmen,f b~der~ AiifeveI0P~elil(orcle(maMJre;e ded~pursuant t C /i ,~ :rw....', D ,(d, I ' J'""'t C ;;.,t S "Jr.t' ';;1!;it "O? ai' ommun!L'y eve apmen i: oue' ec Ian ~~ " : 2. Minimum Required Setbacks. a. A 15 foot front setback shall be required for all properties throuqhout the District. except for properties frontinq o'n Mandalay Avenue. which may have a zero (0) foot front setback for 80% of the property line; and b. A ten (10) foot side and rear setback shall be required for all properties throuqhout the District. except for properties frontino on Mandalay Avenue. which may have a zero (0) foot side setback and a ten (10) foot rear setback. ' 3. Required Buildinq Stepbacks or Alternative Increased Setbacks for Buildinqs Exceedinq 35 Feet in Heiqht. a. Buildinq stepback means a horizontal shiftinq of the buildinq massinq towards the center of the buildinq. b. Any development exceedino 35 feet in heioht shall be required to incorporate a buildinq stepback on at least one side of the buildino (at a point of 35 feet) or an increased setback on at least one side of the buildinq in compliance with the ratios provided in Section A.3.f. Additional J Ordinance No, 7546-06 3 stepbacks and/or setbacks may be required to provide additional separation between buildinqs and/or to enhance view corridors. c. All properties (except those frontinq on Mandalav Avenue) which front on a riqht-of-wav that runs east and west. shall provide a buildinq stepback on the front side of the buildinq, or an increased front setback in compliance with the ratios provided in Section A.3.f. Additional stepbacks and/or setbacks may be required to provide additional separation between buildinqs andlbr to enhance view corridors. d. All properties (except for properties frontinq on Mandalav Avenue) which front on a riqht-of-wav that runs north and south, shall provide a buildinq stepback on the side of the buildinq or an increased side setback in compliance with the ratios provided in Section A.3.f. Additional stepbacks and/or setbacks may be required to provide additional separation between buildinqs and/or to enhance view corridors. e. Properties frontinq on Mandalav Avenue must provide a buildinq stepback on the front side of the buildinq or an increased front setback in compliance with the ratios provided in Section A.3.f. Additional stepbacks , and/or setbacks may be required to provide additional separation between buildinqs and/or to enhance view corridors. f. Stepback/Setback Ratios (1) For properties frontinq on streets that have a riqht-of-wav width less than 46 feet. the stepback/setback/heiqht ratio is one (1) foot for every two (2) feet in buildinq heiqht above 35 feet; (2) For properties frontinq on streets that have a riqht-of-wav width between 46 and 66 feet, the step back or setback/heiqht ratio is one (1) foot for every two and one-half (2.5) feet in buildinq heiqht above 35 feet; and (3) For properties frontinq on streets that have a riqht-of-way width of qreater than 66 feet. the stepback or setback/heiqht ratio is one (1) foot for every three (3) feet in buildinq heiqht above 35 feet. 4. Flexibility of Setbacks/Stepbacks for Buildinqs in Excess of 35 Feet in Heiqht. a. Setbacks (1) Except for properties frontinq on Mandalav Avenue, a maximum reduction of five (5) feet from any required setback may be possible if the decreased setback results in an improved site plan, landscapinq areas in excess of the minimum required and/or improved desiqn and appearance; and Ordinance No. 7546-06 4 ~ (2) To ensure that unimpaired access to mechanical features of a buildinq is maintained, a minimum five (5) foot unobstructed access must be provided alonq the entire side setback of properties, except those for those properties frontinq on Mandalay Avenue where a zero (0) foot setback is permissible; and (3) Setbacks can be decreased at a rate of one (1) foot in required setback per two (2) feet in additional required stepback, if desired. b. Stepbacks (1) A maximum reduction of five (5) feet from any required buildinq stepback may be possible if the decreased buildinq stepback results in an improved site plan, landscapinq areas in excess of the minimum required and/or improved desiqn and appearance. (2) Buildinq stepbacks can be decreased at a rate of two (2) feet in stepback per one (1) foot in additional required setback, if desired. 5. Flexibility of Setbacks for Buildinqs 35 Feet and Below in Heiqht. a. A maximum reduction of ten (10) feet from any required front liPF0'ar setback and a maximum reduction of five (5) feet from any side setback may be possible if the decreased setback results in an improved site plan, landscapinq areas in excess of the minimum required and/or improved desiqn and appearance; and c. In all cases, a minimum five (5) foot unobstructed access must be provided alonq the side setback of properties, except for those properties frontinq Mandalay Avenue where a zero (0) foot setback is permissible. 6. Landscape Buffers a. A ten (10) foot landscape buffer is required alonq the street frontaqe of all properties, except for that portion of a property frontinq on Mandalay A venue~; "and excepffor;;: p:[dPertmsm;35!kfeet~a'nd'*below iFi~l hei~hf:fnat may 6e.: ranred~.f1exI8i1i ~ in:iftfie: r~:f uired :setback- i~ ;whicl1l', caset~he '€ntire setba'Ck si1~allw 'ed' 'at;ld Ordinance No, 7546-06 5 b. For that portion of a property frontinq on Mandalay Avenue, a zero (0) foot setback may be permissible for 80% of the property frontaqe. The remaininq 20% property frontaqe is required to have a landscaped area for a minimum of five (5) feet in depth. The' 20% may be located in several different locations on the property frontaqe, rather than placed in only one location on the property frontaqe. 7. ParkinqNehicular Access Lack of parkinq in the Old Florida District may hinder revitalization efforts. A shared parkinq strateqy may be pursued in order to assist in redevelopment efforts. For those properties frontinq on Mandalay Avenue, off-street parkinq access is required from a side street or alley and not from Mandalay Avenue. The mix of uses in the District favors residential more than other parts of Clearwater Beach and retail uses are primarilv neiqhborhood sorvinq uses. Given the area's location and existinq conditions, Beach by Desiqn contemplates the renovation and revitalization of existinq improvements INith limited ne'lI construction where reno'y(ation is not practical. New sinqle family d\\(ellinqs and to\'vnhouses are the preferred form of development. Densities in the area should be qenerallv limited to the density of existinq improvements and buildinq heiqht should be low to mid rise in accordance with the Community Development Code. Lack of parkinq in this area may hinder revitalization of existinq improvements particularly on Bay Esplanade. Po shared parkinq strateqy should be pursued in order to assist revitalizations efforts. *********** Section 2. Beach by Design: A Preliminary Design for Clearwater Beach and Design Guidelines, Section II. Future Land Use, Subsection C. "Marina Residential" District, is amended as follows: ****** In the event that lot consolidation under one owner does not occur, Beach by Design contemplates the City working with the District property owners to issue a request for proposal to redevelop the District in the consolidated manner identified above. If this approach does not generate the desired consolidation and redevelopment, Beach by Design calls for the City to initiate a City Marina DRI in order to facilitate development of a marina based neighborhood subject to property owner support. If lot consolidation does not occur within the District, the maximum permitted height of development east of East Shore will be restricted to two (2) stories above parking and between Poinsettia and East Shore could extend to four Ordinance No. 7546-06 6 (4) stories above parking. An additional story could be gained in this area if the property was developed as a live/work product. ****** Section 3. Beach by Design: A Preliminary Design for Clearwater Beach and Design Guidelines, Section V. Catalytic Projects, Subsection B. Community Redevelopment District Designation, is amended as follows: ****** Beach by Design recommends that the Comprehensive Plan of the City of Clearwater be amended to designate central Clearwater Beach (from the rear lot lines of property on the north side of Somerset Acacia Street to the Sand Key Bridge, excluding Devon Avenue and Bayside Drive) as a Community Redevelopment District and that this Chapter of Beach by Design be incorporated into the Comprehensive Plan and submitted for approval to the Pine lias County Planning Council (PPC) and the Pinellas County Commissioners sitting as the Countywide Planning Authority. In addition, Beach by Design recommends that the use of Transfer of Development Riqhts {TDRs} under the provisions of the Desiqn Guidelines contained in Section VIII of this Plan and the City's land development regulations be encouraged within the Community Redevelopment District to achieve the objectives of Beach by Design and the PPC Designation. Section 4. Beach by Design: A Preliminary Design for Clearwater Beach and Design Guidelines, Section VII. Design Guidelines, Subsection A. Density, is amended as follows: A. Density The gross density of residential development shall not exceed 30 dwelling units per acre, unless additional density is transferred from other locations on Clearwater Boach. Ordinarily, resort density will be limited to 10 units per acre. HO'Never, additional density can be added to a resort either by transferred development rights or if by way of the provisions of the community redevelopment district (CRD) designation. Nonresidential density is limited by Pinellas County Planning Council intensity standards. The maximum permitted density of residential development shall be 30 dwellinq units per acre. Throuqh the use of transfer of development riqhts (TDRs) from other property located within the Clearwater Beach Community Redevelopment District, the maximum permitted density for residential development may be increased by not more than 20 percent. Historically the maximum permitted density for overniqht 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 Desiqn shall be 50 units per Ordinance No, 7546-06 7 \ / acre.* It also allows this maximum density of 50 units per acre to be exceeded throuqh the use of TDRs from other properties located within the Clearwater Beach Community Redevelopment District in compliance with the followinq provisions: 1. The amount of TDRs used for resorts/overniqht accommodation proiects shall not be limited provided such proiects can demonstrate compliance with the provisions of this Plan. the Community Development Code and concurrency requirements. 2. Any TDRs qained from the additional 10 overniqht accommodation units per acre authorized by this section of Beach by Desiqn shall only be used for overniqht accommodation uses. The conversion of such density to another use is prohibited. Beach by Desiqn also supports the allocation of additional density for resort development throuqh the density pool established in Section V.B. of this Plan. The maximum permitted floor area ratio for nonresidential development is limited to 1.0 pursuant to the Pinellas County Planninq Council intensity standards. *When Beach by Desiqn was oriainally adopted. the allowable density for resorts/overniaht accommodations was 40 units per acre. That density was increased to 50 units per acre throuqh Ordinance No. 7546-06. References to 40 units per acre are still evident in Section VB. Community Redevelopment District Desiqnation and have not been chanqed because that was the density in place when the oriqinal analysis was conducted. Section 5. Beach by Design, as amended, contains specific development standards and design guidelines for areas of Clearwater Beach that are in addition to and supplement the Community Development Code; and Section 6. The City Manager or designee shall forward said plan to any agency required by law or rule to review or approve same; and Section 7. 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 8. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Frank V. Hibbard Ordinance No 7546-06 8 ./ Mayor Approved as to form: Attest: Leslie Dougall-Sides Assistant City Attorney Cynthia E. Goudeau City Clerk Ordinance No. 7546-06 9 / CDB Meetmg Date: Case Number: Ord. No.: Agenda Item: February 21, 2006 Amendment to Beach bv Design 7546-06 D-I CITY OF CLEARWATER PLANNING DEPARTMENT ST AFF REPORT REQUEST: Amendment to Beach by Design.: A Preliminary Design for Clearwater Beach and Design Guidelines (Beach by Design) INITIATED BY: City of Clearwater Planning Department BACKGROUND: Beach by DeSIgn, the special area plan governing development on Clearwater Beach, established eight distinct districts within the Beach area to govern land use. The Old Florida District is the most northern area governed by the Plan. It is comprised of 39.4 acres of land and is bounded by the Gulf of Mexico on the west, Clearwater Harbor on the east, Rockaway Street on the south and the rear property line of the properties fronting the north side of Somerset Street (see the Old Florida District Boundaries map). Beach by Design describes the Old Florida District as an area of transItion between resort uses to the south to the low intensity residential neighborhoods to the north. The Plan supports the renovation and limited redevelopment of this area based on existing conditions and Identifies new single family dwellings and townhouses as the preferred form of development. In 2004, the Planning Department prepared a review of a portion of the Old Florida District. The review identified discrepancies between the area's zoning and land use patterns as well as inconsistencies between the Old Florida District provisions and the underlying zoning. These inconsistencies make the administration of land development proviSiOns difficult in the Old Florida District and result in unrealistic or uncertain property owner and developer expectations. There is also the potential for inconsistency in the review of development proposals. The study recommended that the desired character of the entire Old Florida District be determined and that Beach by DeSIgn be revised accordingly. The City Council concurred with those findings. As a result, the Planning Department began a study of the Old Florida District in 2005 to determine the desired character of this District. As a result of the ideas generated by four public meetings that were held in the Dlstnct, three optlons were developed that depicted the heights and uses that had been most frequently favored. These recommendations Staff Report - Commumty Development Board - February 21,2006 - Ord. No 7546-06 1 were presented at the City Council Work Session on August 29, 2005. Subsequently, another meeting was held with the City Council on January 19, 2006 to further define the issues. After the Council's direction was received, Planning Department staff developed amendments to Beach by Design based on these comments. Also, as a result of the comments, the staff proposed a rezoning and future land use amendment of all areas within Old Florida zoned Medium High Density Residential (MHDR) to Tourist (T), and a change in the land use from Residential High (RR) to Resort FacilIties HIgh (RFH). (See LUZ 2005-10013.) Another accompanying case amends the Community Development Code so that It stipulates that specific design standards contained in this amendment supercede the Code. (See TA2005-11004.) The Planning Department is also proposing three other amendments to Beach by Design. One relates to the height bonus provision allowed for live/work projects in the Marina Residential District. Another addresses the use of transfer of development rights, and the last one increases development potential for overnight accommodation uses. ANALYSIS: Old Florida District The proposed changes will address the Old Florida District by revising the uses, building heights, stepbacks, setbacks, landscaping and parking access allowed in the District. These are addressed in the paragraphs below. The mix of uses in this area known as the Old Florida District primarily includes residential, overnight accommodations and institutional uses. Given the area's location and historical development patterns, thIS area should continue to be a transitional district. To that end, Beach by Design supports the development of new overnight accommodations and attached dwellmgs throughout the Distnct with limited retail/commercial development fronting Mandalay Avenue between Bay Esplanade and /' Somerset Street. It also supports the continued use and expansion of the various institutional and public uses found throughout the District. Additionally, it proposes a mixing of those uses where it results in a more vIable, attractive and functional property. (See the Old Florida District Proposed Uses Plan map.) 1. The following height provisions shall apply (see the Old Florida District Building Heights map): a. Buildings located on the north side of the Somerset Street shall be permitted a maximum building height of 35 feet; b. Buildings located on the south side of Somerset Street and within 60 feet of the southerly right-of-way line, shall be permitted a maximum building height of 50 feet; and Staff Report - Commumty Development Board - February 21,2006 - Ord. No. 7546-06 2 c. Property throughout the remainder of the Old Florida District shall be V permitted a maximum building height of 65 feet. In order to better understand the heIght of buildings constructed or approved for . construction within the last several years in the Old Florida District, a map was developed depicting the heights of those projects. (See the Project Heights in the Old Florida District map.) All of the 17 projects, except one, were approved at 65 feet or below in height. The one exception was approved for 70 feet. Consequently, the height limit of 65 feet is in conformance with what has occurred in the past. 2. The minimum required setbacks in the Old Florida District shall be: a. A 15 foot front setback shall be required for property throughout the District, except for properties fronting on Mandalay Avenue, which may have a zero (0) foot front building setback for 80 percent of the property line; and b. A ten (10) foot side and rear setback shall be required for all properties throughout the district, except for propertIes fronting on Mandalay Avenue, which may have a zero (0) foot sIde building setback and a ten (10) foot rear setback. 3. The following reqUIrements shall apply to require buildmg stepbacks or alternative increased setbacks for buildings exceeding 35 feet in height. A building stepback means a horizontal shifting of the building mass toward the center of the building. The requirements are: a. A buildmg stepback on at least one side of the building at a point of35 feet in height is required. This minimum height requirement will not be reduced unless a provision is made for an increased setback on at least one side of the building in conformance with the ratios provided in Section 4. Additional stepbacks and/or setbacks may be necessary to open up view corridors between bui,ldings. (1) Properties (except those fronting on Mandalay Avenue) that front on an east-west street shall provide a building stepback and/or setback on the front side of the bUIlding; (2) PropertIes (except those fronting on Mandalay Avenue) that front on a north-south street shall prOVIde a building stepback and/or setback on the side of the building; and (3) Properties fronting on Mandalay Avenue shall provide a building stepback and/or setback on the front of the building. Staff Report - Commumty Development Board - February 21,2006 - Ord. No. 7546-06 3 ;. 4. The following are the stepback/setback ratios that apply to Section 3 (see the Old Florida District Right-of-way Widths map): a. For properties fronting streets that have a right-of-way width ofless than 46 feet, the stepback or setback/height ratio is one (1) foot in stepback for every two (2) feet in additional height above 35 feet; b. For properties fronting streets that have a right-of-way between 46 and 66 feet, the stepback or setback/height ratio is one (1) foot in stepback for every two and one-half (2.5) feet in additional height above 35 feet; and c. For properties fronting streets that have a right-of-way of greater than 66 feet, the stepback or setback/height ratio is one (1) foot in stepback for every three (3) feet in addItional height above 35 feet. ._ 5. The following addresses the criteria for flexibility of setbacks and/or stepbacks for buildings in excess of 35 feet in height (see Diagrams 1 through 4 for more detail of how these options can be applied): a. Setbacks (1) Except for properties fronting on Mandalay Avenue, a maximum reduction of five (5) feet from any required building setback may be possible if the decreased building setback results in an improved site plan, landscaping areas in excess of the minimum required and/or improved design and appearance; (2) To assure that unimpaired access to mechanical features of a building is maintained, a minimum five (5) foot unobstructed access must be provided along the entire side yard of prpperties, except those fronting on Mandalay A venue, where a zero (0) foot setback is permissible; and (3) Additionally, building setbacks can be decreased at a rate of one (1) foot in required setback per two (2) feet in additional stepback, if desired. b. Stepbacks (1) A maximum reduction of five (5) feet from any required building stepback my be possible if the decreased building stepback results in an improved site plan, landscaping areas in excess of the minimum required and/or improved design and appearance; and (2) Building stepbacks can be decreased at a rate of two (2) feet in stepback per one (1) foot in additional required setback, if desired. Staff Report - Commumty Development Board - February 21,2006 - Ord. No, 7546-06 4 6. The following addresses the criteria for flexibility of setbacks and/or stepbacks for buildings 35 feet and below in height: a. A maximum reduction often (10) feet from any required front or rear setback and a maximum reduction of five (5) feet from any side setback may be possible if the decreased setback results in an improved site plan, landscaping areas in excess of the minimum required and/or improv~d design and appearance; and b. In all cases, a minimum five (5) foot unobstructed access must be provided along the side yards of properties, except for those fronting Mandalay Avenue where a zero (0) foot setback is permissible. 7. The followmg landscape setback standards have been set for the District: a. A ten-foot landscape buffer is required along the street frontage of all properties, except for that portion of a property fronting on Mandalay Avenue; and b. A zero (0) foot setback may be permissible for 80 percent of the property frontage for that portion of a property fronting on Mandalay A venue. The remaining 20 percent is required to have a minimum landscaped area for a minimum of five (5) feet in depth. The 20 percent may be located in several different locations on the property frontage, rather than placed in only one location on the frontage. 8. ,The following parking/vehicular access standards have been set for the District: a. Lack of parking in the Old Florida District may hinder revitalization efforts. A shared parking strategy may be pursued in order to assist in redevelopment efforts. b. If the property fronts on Mandalay Avenue, off-street parking access is required from a side street or alley, and not from Mandalay Avenue. Marina Residential District Beach by DesIgn now stipulates that an additIOnal story can be gained in the District if the property is developed as a live/work product. This provision was explored in discussions with the Community Development Board at its July 2005 meeting. Additionally, there have been strong indications from discussions with developers that this is not a workable provision for thIS particular area. Consequently, this provision will be removed from Beach by DesIgn. Staff Report - Commumty Development Board - February 21, 2006 - Ord. No. 7546-06 5 .,il. Density/Transfer of Development Rights (TDRs) 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 Planning Department is proposing to increase the maximum permitted density for overnight accommodations to 50 units per acre. When Beach by Design was originally adopted, the Community Development Code specified that density could be exceeded by up to 20 percent through the use of TDR. The proposed amendment changes that by eliminating the 20 percent limitation for overnight accommodation projects (the 20 percent limit will still exist for residential projects.) Additionally the amendment specifies that any TDR gained from the additional 10 overnight accommodations (the difference between 40 - 50 units per acre) shall be limited to hotel development and cannoJ_be converted to another use. CRITERIA FOR TEXT AMENDMENTS: Code Section 4-601 specifies the procedures and criteria for reviewing text amendments. Any code amendment must comply with the following: 1. The proposed amendment is consistent with'and furthers the goals, policies and objectives of the Comprehensive Plan. Below please find a selected list of policies from the Clearwater Comprehensive Plan that is furthered by the proposed amendment to Beach by Design. 1.2 Objective - 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. 1.2.1 Objective - Individual requests for development approval and/or transfer of development rights in the coastal high hazard area shall specifically consider hurricane evacuation plans and capacities and shall only be approved if the proposed development will maintain evacuation times (pre-landfall clearance times) as specified by the Tampa Bay Regional Planning Council. ,2.1.1 Policy - 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 Staff Report - Commumty Development Board - February 21,2006 - Ord. No. 7546-06 6 use of transfer of developments rights pursuant to approved special area plans and redevelopment plans. 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. 3.0 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. 2. The proposed amendments further the purposes of the Community Development Code and other City ordinances and actions designed to implement the Plan. The proposed text amendment is consistent with the following purpose of the Code: Section 1-103(A) - It is the purpose of this Development' Code to implement the Comprehensive Plan of the city; to promote the health, safety, general welfare and quality of life in the city; to guide the orderly growth and development of the city; to establish rules of procedures for land development approvals; to enhance the character of the city and the preservation of neighborhoods; and to enhance the quality of life of all reSidents and property owners of the city. SUMMARY AND RECOMMENDATION: This proposed amendment to Beach by Design: A Preliminary Design for Clearwater Beach and Design Guidelines is consistent with the Clearwater Comprehensive Plan and purposes of the Community Development Code for the reasons cited above. The amendments are as follows: Staff Report - Community Development Board - February 21, 2006 - Ord. No. 7546-06 7 1. Amendment to Beach by Design Section II, Subsection A. revising the uses, building heights, step backs, setbacks, landscaping and parking access allowed in the Old Florida District; 2. Amendment to Section II, Subsection C deletmg' the reference to a hve/work product in the Marina Residential District; and 3. Amendment to Section V.B and VILA by clarifying transfer of development rights provisions in Beach by Design; and by i~creasing resort density to 50 units per acre. The Planning Department recommends APPROVAL of Ordinance No. 7546-06 which makes revisions to Beach by Design: A Preliminary Design for Clearwater Beach and Design Guidelines. Prepared by Planning Department Staff: ~ ~ ~ Sharen Jarzen, PIa II 0 Attachments: Old Florida District Boundaries Map Old Florida District Proposed Uses Plan Map Old Flonda District Buildmg Heights Map Project Heights in the Old Florida District Map Old Florida DIstnct Right-of-way Widths Map Setback/Stepback Diagrams 1 - 4 Ordinance No. 7546-06 S IPlannmg DepartmentlC D BIBEACH fSSUESIOLD FLORIDA STUDYlFmal MatenalslBBD Amendment, 2005-061Staff Reports and Council Agenda ftemslBBD Amend Staff Report doc Staff Report - Commumty Development Board - February 21,2006 - Ord. No. 7546-06 8 Resume Sharen K. Jarzen, AICP 100 South Myrtle Avenue Clearwater, FL 33756 727-562-4626 sharen. iarzen~myclearwater .com PROFESSIONAL EXPERIENCE . Planner III Planning Department, City of Clearwater, FL 2005 to Present Develop, organize and complete all aspects of projects related to long range planning issues. . St. Patrick' Parish Jacksonville, FL 2003 to 2005 Managed the organizational needs of the parish with responsibilities for development issues, business affairs and facilities management. . City Parks, Recreation & Entertainment Department Jacksonville, FL 2001 to 2003 Managed a $20+ million capital project improvements program with over 200+ projects. Supervised the application and administration of grant funds. . Coastal Georgia Regional Development Center Brunswick, GA 2001 to 2001 Supervised the completion of planning studies and zoning/subdivision ordinances and managed the GIS. . Self-Employed Consultant Avon, IN 1998 to 2001 Developed comprehensive/strategic plans with a transportation element, conducted site analyses/reviews and obtained building permits, planning/zoning approvals and environmental permits for developers. . Indiana Department of Environmental Management (IDEM) Indianapolis, IN 1987 to 1998 Managed a statewide nonpoint source water management program with a $2 million annual budget for the IDEM administering 80+ state water projects. Administered it so effectively that it was 'recognized by the U.S. Environmental Protection Agency as one of the most improved programs in the Midwest. Supervised a state staff with responsibilities for project management, budgetmg, planning and grantsmanship. Supervised up to ten employees and received recognition by my superior that I focused on results. Effectively managed the interaction of the IDEM water management program with multiple federal, state and local agencies. Received the mediation award from the Indiana EnvIronmental Institute for my achievements at promoting environmental quality through cooperative effort and communication. . Self Employed Consultant Akron, OR 1985 to 1987 Completed the economic and fiscal impacts portion of the environmental impact statement for the construction of a Chrysler manufacturing facility in Detroit, Michigan and conducted site feasibility studies for developers. . City Community Development Department Kent, OR 1984 to 1985 Administered a Commumty Development Block Grant program on a local level and managed a grant/loan housing rehabilitation program in conjunction with a code enforcement program for low-income families. . County Regional Planning Commission Stark County, OR 1975 to 1984 Supervised staff with responsibilities for community development, grants procurement/administration, planning and housing rehabilitation, and researched and published reports on comprehensive plans that included land use policies, transportation facilities, downtown redevelopment, community facilities and historic preservation. EDUCATION Master of Arts in Geography, Georgia State Umversity Bachelor of Arts in Sociology, Kent State University Postgraduate coursed in accountmg and professional seminars concerning total qualIty management, grantsmanshIp, personnel management and development, federal procurement and downtown commercial revitalization. LICENSES & CERTIFICATES American Institute of Certified Planners American Planning Association Florida Planning Association EXPERT WITNESS IN: Comprehensive Planning Environmental Planning Land Use/Zoning Historic Preservation SHAREN K. 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I.. ,'".~ K:" . \. ' I: 100 I ' :i ~:~tI~c;:: .i~: ' ~:* ;'\h~ ~~_D~? " ." ",i1" " ,; 'i ~,: . \" 'd" ';t~I$1.;; , .' ,~~. ~ ", l- . .,~ :~,~ I g CAMBRIA , ;'~' :.!,;I~':;,,;; '? , "",,:' ;,' ~ ;:i,;l~ :;'i ~.~~:..; " I ' . / '< , ~, , '" ;- " v~ ~~ -V IOLEWlLO . ~r:, ~, :, ;:\??ilYl ,'~~. L <:(;;~P"'~ I 1:~1~f h ~1}ft1,"1 -V GLENDALE R' ",' ~:')JI:,:rr:" " : ":~i ." ;; ,/~f:: ,-:]:~ n ?,' "" i, id~"" 1f.t: :,J;~. ' ~ HEILWOOD ~fl:: < ,1~{'{ ~' > .J;~'~( 'to ~ ;,,\ '.' '''iZ', ',,' ", ' ' '",,, ,": $'", ",.1';; ~ AVALON , /17':1~~:: p;:- ,'I [1q I , . "'~:\.:'~t h' ' I'~I;J L-,- ,;t~:' '1"'", ' 'T" " , ~ " ' " ".",,, ,",;: ',,, V KENDALL :'1:" > \ '>'" <l~ , ~v I ' ;;1< J~, ", ': \ r' ..... CO fo, ',' , , " 0 co nr ' ,;;" I"" \~ ,! ~-, '" ,~ ~ ' , ' . .;;..; " . '"' l ;J\ , ':\, " ":1 ' , , de ,:-'1 I, - " . .' ROYAL ~ I~' 1'; , ;I'~ t )- . IIN~ " ,;,-,:::,~ , ;::, , ;.;'0;: .':: , ~;' \\, ~-' C i' ,1::',,, ;;~" '~ I-- Z '" , c( I,:' , , :i: > ACACIA ..i' '_ T '" I ~ l 60 \ ,) '~, ,;~~:'; 60:..... ~ ~ .-:' , ' " ~ ~:fl : ~ ---4..: 60 .-.-..-,- " ~ '~' - -- ,,} Z "-." t- - -';, I, , :;; ~ ',: ' Q \ ' - r- - \ " "",; '" ':~i: ":;,,,,' ~ l:- " \---.J " ~ ~' ~ , , ".:'J< __"",-. , ',.' ---, ""',, , " ': I, ' \ \ \ ' \ 'fi'!'" ; " , ~I '''" ~ o CO I ':, -, ",'\ 'I," ~ t:jkt, f SOMERSET \ \ \ ~ Ii' " , " I , , :I~::- I, ,\ " ,:~' - r! , "~. ~ ,\ :,;' W,,' :"'?" .: ~!~:,: \; , I 60 ~N ::' ,I, V~ ~: :'-.' , {, ' , , ~ \ \ o CO ) ) , " BAY ESPLANADE (,:' , ,:':, ,p ':- ::,"~,; I '<--4, ~ ,~ 100 I:: " ", .% ,.,. 4 ,f , )~ ' ,,;;:' ,~',:<' r~ ~, '" f1IV1l"i'~<~"'~':k~>"'i1'" -~J;:"'~ i-0-iti :~",.;rt-'>1; I ~ Clearwater ~~;rt'.< ju~ I:~. " ", I-~ 1,1 '. , ' ',_\ "~f~~':.lIJ'~~l.,"I~lr.f>I:l__ln\'~''''''''_>~'''''''''',,^,"S -"A"_ , "! ~~,;,. T ':" ,(~'" ~ ", \ '0 " '\ .. s ~ j ~ 'J, r' ~' PL r 65' I L 1-4 --I Diagram 1 Properties along typical 40' Right-or-Way (i.e. Cambria) ~ Required Front Setback ~ Required Rear and Side Setback ~ Required Stepback to get to 65-foot height ~ Stepback Height Ratio ~ Stepback/Setback Flexibility Ratio ~ Alternative shown for optionall0-foot Additional Stepback to allow reduction Of 5 feet in required Setback ~ Alternative shown for optional10-foot Additional Stepback to allow reduction Of 5 feet in required Setback 15 feet 10 feet 15 feet 1:2 2/1 PL -~ r .lOded St ack · r r I J 1 T. 60' RequJTed Offset 10' reduced Stepback ....., Q) CIJ l-< Q) 8 o C/l Re Ired 15' S~b,",k PL PL I ~5' 15' Required Setback 10' Reduced Setback ROW Diagram 2 Properties along Somerset Looking West from Mandalay (40' Right-of-Way) ~ Required Front Setback ~ Required Rear and Side Setback ~ Required Stepback to get to 65-foot height ~ Stepback Height Ratio ~ Stepback/Setback Flexibility Ratio ~ Alternative shown for optional 10- foot Additional Stepback to allow reduction of 5 feet in required Setback ~ Alternative shown for optionall0-foot Additional Stepback to allow reduction of 5 feet in required Setback 15 feet 10 feet 15 feet 1:2 2/1 PL I T 35' 1 IT · t PL I 10' Requaed Stepback I l .1 ~" 1 O' Reduced ~ ~ Stepbac:k -"':."...~ .. 1 . Properties along Mandalay (100' Right-of-Way) >- Required Front Setback >- Required Rear and Side Setback >- Required Stepback to get to 65-foot height >- Stepback Height Ratio >- Stepback/Setback Flexibility Ratio >- Alternative shown for optional 10- foot Additional Stepback to allow reduction of 5 feet in required Setback >- Alternative shown for optional 1 O-foot Additional Stepback to allow reduction of 5 feet in required Setback PL PL I - 5' added I n Setback <' - <' I ). t · " 11 - I U ,. : 100' ROW "I i Diagram 3 15 feet 10 feet 10 feet 1 :3 2/1 12' ReqUIred Stepback PL PL 10' added ~ Stepback PL I r I - 30' IS' RequITed Setback I i - I 65' 5' Reduced Setback I - 35' S'added I I Setback 1 ~'.::.M~- __ ___ _ L= - L J 'I 60' ROW ..I Diagram 4 Properties along typical 60' Right-of-Way (Poinsetta) ~ Required Front Setback ~ Required Rear and Side Setback ~ Required Stepback to get to 65- foot height ~ Stepback Height Ratio ~ Stepback/Setback Flexibility Ratio ~ Alternative shown for optional la-foot Additional Stepback to allow reduction of 5 feet in required Setback ~ Alternative shown for optional 1 a-foot Additional Stepback to allow reduction of 5 feet in required Setback 15 feet 10 feet 12 feet 1:2.5 2/1 ORDINANCE NO. 7546-06 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA MAKING AMENDMENTS TO BEACH BY DESIGN: A PRELIMINARY DESIGN FOR CLEARWATER BEACH AND DESIGN GUIDELINES; BY AMENDING SECTION II. FUTURE LAND USE, SUBSECTION A. THE "OLD FLORIDA" DISTRICT BY REVISING THE USES, BUILDING HEIGHTS, STEPBACKS, SETBACKS, LANDSCAPING AND PARKING ACCESS ALLOWED IN THE DISTRICT; BY AMENDING SECTION II. FUTURE LAND USE, SUBSECTION C. MARINA RESIDENTIAL DISTRICT BY DELETING THE REFERENCE TO A L1VE/WORK PRODUCT; BY AMENDING SECTIONS V.B AND VII.A BY CLARIFYING TRANSFER OF DEVELOPMENT RIGHT PROVISIONS; BY INCREASING ALLOWABLE RESORT/ OVERNIGHT ACCOMMODATIONS DENSITY FROM 40 TO 50 UNITS PER ACRE; 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 WHEREAS, the public infrastructure and private improvements of Clearwater Beach are a critical part contributing to the economic vitality of the Beach; and WHEREAS, substantial improvements and upgrades to both the public infrastructure and private improvements are necessary to improve the tourist appeal and citizen enjoyment of the Beach; and WHEREAS, the City of Clearwater has invested significant time and resources in studying the Old Florida District of Clearwater Beach; and WHEREAS, Beach by Design, the special area plan governing Clearwater Beach, contains specific development standards and design guidelines for areas of Clearwater Beach that need to be improved and/or redeveloped; and WHEREAS, Beach by Design was not clear with regard to the "preferred uses" and was not reflective of the existing uses located in the Old Florida District of Clearwater Beach,and WHEREAS, Beach by Design limited overnight accommodations greater than the Comprehensive Plan and the City of Clearwater desires to incentivize new overnight accommodation development; and WHEREAS, Transfer of Development Rights (TDR) need further clarification in Beach by Design; and Ordinance No. 7546-06 1 WHEREAS, the City of Clearwater has the authority pursuant to Rules Governing the Administration of the Countywide Future Land Use Plan, as amended, Section 2.3.3.8.4, to adopt and enforce a specific plan for redevelopment in accordance with the Community Redevelopment District plan category, and said Section requires that a special area plan therefore be approved by the local government; and WHEREAS, the proposed amendment to Beach by Design has been submitted to the Community Development Board acting as the Local Planning Authority (LPA) for the City of Clearwater; and 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, BBD was originally adopted on February 15, 2001 and subsequently amended on December 13, 2001, now therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. Beach by Design: A Preliminary Design for Clearwater Beach and Design Guidelines, Section II. Future Land Use, Subsection A. The "Old Florida" District, is amended as follows: A. The "Old Florida" District The Old Florida District, which is the area between Acacia the rear lot lines of property on the north side of Somerset Street and Rockaway Street, is an area of transition between resort uses in Central Beach to the low intensity residential neighborhoods to the north of Acacia Street. Existing uses arc generally the same as the balance of the Beach. HO'.vever, the scale and intonsity of the area, '....ith relatively fe'N exceptions, is substantially less than comparable areas to the south. The mix of uses primarily includes residential, recreational, overniqht accommodations and institutional uses. Given the area's location and historical development patterns, this area should continue to be a transitional district. To that end, Beach by Desiqn supports the development of new overniqht accommodations and attached dwellinqs throuqhout the District with limited retail/commercial and mixed use development frontinq Mandalay Avenue between Bay Esplanade and Somerset Street. It also supports the continued use and expansion of the various institutional and public uses found throuqhout the District. To ensure that the scale and character of development in Old Florida provides the desired transition between the adiacent tourist and residential areas, enhanced site desiqn performance is a priority. Beach by Desiqn contemplates qreater setbacks and/or buildinq stepbacks and enhanced landscapinq for buildinqs exceedinq 35 feet in heiqht. The followinq requirements shall apply to development in the Old Florida District Ordinance No 7546-06 2 and shall supersede any conflictino statements in Section VII. Desion Guidelines and the Community Development Code: 1. Maximum Buildino Heiohts. a, Buildinos located on the north side of Somerset Street shall be permitted a maximum buildino heloht of 35 feet, b, Buildinos located on the south side of Somerset Street and within 60 feet of the southerly rioht-of-way line of Somerset Street shall be permitted a maximum buildino heioht of 50 feet; and c. Property throuohout the remainder of the Old Florida District shall be permitted a maximum buildino heioht of 65 feet. 2. Minimum Required Setbacks. a. A 15 foot front setback shall be required for all properties throuqhout the district, except for properties frontino on Mandalay Avenue, which may have a zero (0) foot front setback for 80% of the property line; and b. A ten (10) foot side and rear setback shall be required for all properties throuohout the district, except for properties frontino on Mandalay Avenue, which may have a zero (0) foot side setback and a ten (10) foot rear setback. 3, Required Buildinq Stepbacks or Alternative Increased Setbacks for Buildinqs Exceedino 35 Feet in Heioht. a. Buildinq stepback means a horizontal shiftino of the buildinq massinq towards the center of the buildinq. b, Any development exceedinq 35 feet in heioht shall be required to incorporate a buildino stepback on at least one side of the buildinq (at a point of 35 feet) an increased setback on at least one side of the buildino in compliance with the ratios provided in Section A.3.f. Additional stepbacks and/or setbacks may be required to provide additional separation between buildinqs and/or to enhance view corridors. c. All properties (except those frontino on Mandalay Avenue) which front on a riqht-of-way that runs east and west, shall provide a buildino step back on the front side of the buildino, or an increased front setback in compliance with the ratios provided in Section A.3.f, Additional stepbacks and/or setbacks may be required to provide additional separation between buildinos and to enhance view corridors. Ordinance No, 7546-06 3 d, All properties (except for properties frontinq on Mandalav Avenue) which front on a riqht-of-wav that runs north and south. shall provide a buildinq stepback on the side of the buildinq or an increased side setback in compliance with the ratios provided in Section A.3.f. Additional stepbacks and/or setbacks may be required to provide additional separation between buildinqs and/or to enhance view corridors. e. Properties frontinq on Mandalav Avenue must provide a buildinq stepback on the front side of the buildinq or an increased front setback in compliance with the ratios provided in Section A.3.f. Additional stepbacks and/or setbacks may be required to provide additional separation between buildinqs and/or to enhance view corridors. f. Stepback/Setback Ratios (1) For properties frontinq on streets that have a riqht-of-wav width less than 46 feet, the stepback/setback/heiqht ratio is one (1) foot for every two (2) feet in buildinq heiqht above 35 feet; (2) For properties frontinq on streets that have a riqht-of-wav width between 46 and 66 feet. the stepback or setback/heiqht ratio is one (1) foot for every two and one-half (2.5) feet in buildinq heiqht above 35 feet; and (3) For properties frontinq on streets that have a riqht-of-wav width of qreater than 66 feet. the step back or setback/heiqht ratio is one (1) foot for every three (3) feet in buildinq heiqht above 35 feet. 4, Flexibilitv of Setbacks/Stepbacks for Buildinqs in Excess of 35 Feet in Heiqht. a. Setbacks (1) Except for properties frontinq on Mandalav Avenue. a maximum reduction of five (5) feet from any required setback may be possible if the decreased setback results in an improved site plan, landscapinq areas in excess of the minimum required and/or improved desiqn and appearance; and (2) To ensure that unimpaired access to mechanical features of a buildinq is maintained, a minimum five (5) foot unobstructed access must be provided alonq the entire side setback of properties. except those for those properties frontinq on Mandalav Avenue where a zero (0) foot setback is permissible; and (3) Setbacks can be decreased at a rate of one (1) foot in required setback per two (2) feet in additional required stepback. if desired. Ordinance No. 7546-06 4 b. Stepbacks (1) A maximum reduction of five (5) feet from any required buildinq stepback may be possible if the decreased buildinq stepback results in an improved site plan, landscapinq areas in excess of the minimum required and/or improved desiqn and appearance. (2) Buildinq stepbacks can be decreased at a rate of two (2) feet in stepback per one (1) foot in additional required setback, if desired, 5. Flexibility of Setbacks for Buildinqs 35 Feet and Below in Heiqht. a. A maximum reduction of ten (10) feet from any required front or rear setback and a maximum reduction of five (5) feet from any side setback may be possible if the decreased setback results in an improved site plan, landscapinq areas in excess of the minimum required and/or improved desiqn and appearance; and b. In all cases, a minimum five (5) foot unobstructed access must be provided alonq the side setback of properties. except for those properties frontinq Mandalay Avenue where a zero (0) foot setback is permissible. 6. Landscape Buffers a. A ten (10) foot landscape buffer is required alonq the street frontaqe of all properties, except for that portion of a property frontinq on Mandalay Avenue; and b. For that portion of a property frontinq on Mandalay Avenue. a zero (0) foot setback may be permissible for 80% of the property frontaqe. The remaininq 20% property frontaqe is required to have a landscaped area for a minimum of five (5) feet in depth. The 20% may be located in several different locations on the property frontaqe, rather than placed in only one location on the property frontaqe. 7. ParkinqNehicular Access Lack of parkinq in the Old Florida District may hinder revitalization efforts. A shared parkinq strateqy may be pursued in order to assist in redevelopment efforts. For those properties frontinq on Mandalay Avenue, off-street parkinq access is required from a side street or alley and not from Mandalay Avenue. The mix of uses in the District favors residential more than other parts of Clear\^:ater Beach and retail uses arc prim::lrilv neiqhborhood servinq uses. Given the area's Ordinance No 7546-06 5 loc3tion and existinq conditions, Be3ch by Desiqn contemplates tho ronovation and revitalization of existinq improvomonts with Iimitod nO\v construction 'Nhoro renovation is not practical. No'A' sinqlo famil'l dwellinqs 3nd townhouses are tho proferred form of dovolopmont. Donsitios in the area should bo qonerally Iimitod to tho donsltv of oxistinq improvements and buildinq hoiqht should bo 10'.'1 to mid rise in 3ccordance with tho Community Do'.'elopment Code. L3Ck of parkinq In this 3rea may hinder revitalization of existinq improvements particul3rlv on Bav Espl3n3do. ^ shared parkinq str3tOqv should bo pursuod in order to assist revit31izations efforts. *********** Section 2. Beach by Design: A Preliminary Design for Clearwater Beach and Design Guidelines, Section II. Future Land Use, Subsection C. "Marina Residential" District, is amended as follows: ****** In the event that lot consolidation under one owner does not occur, Beach by Design contemplates the City working with the District property owners to issue a request for proposal to redevelop the District in the consolidated manner identified above. If this approach does not generate the desired consolidation and redevelopment, Beach by Design calls for the City to initiate a City Marina DRI in order to facilitate development of a marina based neighborhood subject to property owner support. If lot consolidation does not occur within the District, the maximum permitted height of development east of East Shore will be restricted to two (2) stories above parking and between Poinsettia and East Shore could extend to four (4) stories above parking. An 3ddition31 story could be gainod in this area if tho proporty was developod as a IiveAvork product. * * * * * * Section 3. Beach by Design: A Preliminary Design for Clearwater Beach and Design Guidelines, Section V. Catalytic Projects, Subsection B. Community Redevelopment District Designation, is amended as follows: * * * * * * Beach by Design recommends that the Comprehensive Plan of the City of Clearwater be amended to designate central Clearwater Beach (from the rear lot lines of property on the north side of Somerset Acacia Street to the Sand Key Bridge, excluding Devon Avenue and Bayside Drive) as a Community Redevelopment District and that this Chapter of Beach by Design be incorporated into the Comprehensive Plan and submitted for approval to the Pinellas County Planning Council (PPC) and the Pinellas County Commissioners sitting as the Countywide Planning Authority. In addition, Beach by Design recommends that the use of Transfer of Development Riqhts {TORs} under the provisions of the Desiqn Ordinance No, 7546-06 6 Guidelines contained in Section VIII of this Plan and the City's land development regulations be encouraged within the Community Redevelopment District to achieve the objectives of Beach by Design and the PPC Designation. Section 4. Beach by Design: A Preliminary Design for Clearwater Beach and Design Guidelines, Section VII. Design Guidelines, Subsection A. Density, is amended as follows: A. Density The gross density of residential development shall not exceed 30 d'l.'elling units per 3cre, unless 3ddition31 density is transferred from other locations on Cle3r\IVater Be3ch. Ordin3rily, resort density will be limited to 10 units per 3cre. However, additional density can be 3dded to 3 resort either by transferred development rights or if by W3Y of the provisions of the community redevelopmont district (CRD) designation. Nonresidential density is limited by Pinellas County Planning Council intensity standards. The maximum permitted density of residential development shall be 30 dwellinq units per acre. Throuqh the use of transfer of development riqhts (TDRs) from other property located within the Clearwater Beach Community Redevelopment District, the maximum permitted density for residential development may be increased by not more than 20 percent. Historically the maximum permitted density for overniqht 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 Desiqn shall be 50 units per acre.* It also allows this maximum density of 50 units per acre to be exceeded throuqh the use of TDRs from other properties located within the Clearwater Beach Community Redevelopment District in compliance with the followinq provisions: 1. The amount of TDRs used for resorts/overniqht accommodation proiects shall not be limited provided such proiects can demonstrate compliance with the provisions of this Plan, the Community Development Code and concurrency requirements. 2. Any TDRs qained from the additional 10 overniqht accommodation units per acre authorized by this section of Beach bv Desiqn shall only be used for overniqht accommodation uses. The conversion of such density to another use is prohibited. Beach by Desiqn also supports the allocation of additional density for resort development throuqh the density pool established in Section V.B. of this Plan. The maximum permitted floor area ratio for nonresidential development is limited to 1.0 pursuant to the Pinellas County Planninq Council intensity standards, Ordinance No 7546-06 7 * When Beach bv DeskIn was oriainallv adopted, the allowable density for resorts/overniaht accommodations was 40 units per acre That density was increased to 50 units per acre throuah Ordinance No 7546-06 References to 40 units per acre are still evident in Section V B Community Redevelopment District Desianation and have not been chanaed because that was the densltv in place when the oriainal analvsis was conducted, Section 5. Beach by Design, as amended, contains specific development standards and design guidelines for areas of Clearwater Beach that are in addition to and supplement the Community Development Code; and Section 6, The City Manager or designee shall forward said plan to any agency required by law or rule to review or approve same; and Section 7. 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 8. 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 Dougall-Sides Assistant City Attorney Cynthia E. Goudeau City Clerk Ordinance No 7546-06 8 249A . . ----n-------n-t-- ..... .."""',- u 'irO~u JL~__ r---,. ~~-J J ~ CUWi"""'TIM =AA_ .....--, ~~-J ----1-- f ' -------- ---- -- t.! r - ---------- ---- -------~- "'!!11"" . __A -- _______ - , 1.....- :L...Q.f7~ 1 , , 1 ~ "" CD ~ Clearwater u~ PREPARED BY PUBLIC WORKS ADMINISTRATION ENGINEERING I GIS 100 S Myrtia Ave. Ctoarwatcr FL 33756 Ph (727)562-4750 Fa. (727)526-4755 www MyClcarwator com - R/b'tI~,*,fII.Ilm:IWlIdb)lU.Cfyda-wnr =.::~,t~-~:'::'%'r".Td ~_c:oIJl:iIIdb'''-~ddl~.fJf8PhJo ~~ ~&UI"'- ~da..-nrPWAlE mMullCJ_~-..rprlIUlIdQ(~e(~h 1CQIlllq, c:allp'dl-'''tily fTlU!IIlIi/itr dll. d8!IIltreny oIIrpar(/rAhr_ FtIfhI~ th8 Cit dClatwHttPWAJE "_'lIOa.bIiI)'~_aIaOIIIedwlll1hlu.-ortlll&n ,,-- N W~E Feel 200 400 N ~ CD Legend ... . CITY OWNED PROPERTY 1234 ADDRESS . Outside Clearwater City Limits .....--, L... tZ~ -I SUBNUt.eER(- RsfertoPtal) o BLOCKNUMSER G) SUB PARCEL NUMBER 8 PARCELNI.IotIlER(M&Il) <-----., lAND HOOK (COMMON ",^"",RSHIP) ____ PlATTED SlBDMSION BOUNDARY ___ lOT OWNERSHIP LINE ORIGINAl.. PlATTED lOT LINE HOUSE ATLAS Mar 30 2006 SW 114 of 5-29-15 ~ CD 258A )"~ .,.r' l W!ITi:l W!ITi:l ORDINANCE NO. 7546-06 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA MAKING AMENDMENTS TO BEACH BY DESIGN: A PRELIMINARY DESIGN FOR CLEARWATER BEACH AND DESIGN GUIDELINES; BY AMENDING SECTION II. FUTURE LAND USE, SUBSECTION A. THE "OLD FLORIDA" DISTRICT BY REVISING THE USES, BUILDING HEIGHTS, STEPBACKS, SETBACKS, LANDSCAPING AND PARKING ACCESS ALLOWED IN THE DISTRICT; BY AMENDING SECTION II. FUTURE LAND USE, SUBSECTION C. MARINA RESIDENTIAL DISTRICT BY DELETING THE REFERENCE TO A L1VE/WORK PRODUCT; BY AMENDING SECTIONS V.B AND VILA BY CLARIFYING TRANSFER OF DEVELOPMENT RIGHT PROVISIONS; BY INCREASING ALLOWABLE RESORT/ OVERNIGHT ACCOMMODATIONS DENSITY FROM 40 TO 50 UNITS PER ACRE; 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 WHEREAS, the public infrastructure and private improvements of Clearwater Beach are a critical part contributing to the economic vitality of the Beach; and WHEREAS, substantial improvements and upgrades to both the public infrastructure and private improvements are necessary to improve the tourist appeal and citizen enjoyment of the Beach; and WHEREAS, the City of Clearwater has invested significant time and resources in studying the Old Florida District of Clearwater Beach; and WHEREAS, Beach by Design, the special area plan governing Clearwater Beach, contains specific development standards and design guidelines - for areas of Clearwater Beach that need to be improved and/or redeveloped; and WHEREAS, Beach by Design was not clear with regard to the "preferred uses" and was not reflective of the existing uses located in the Old Florida District of Clearwater Beach, and WHEREAS, Beach by Design limited overnight accommodations greater than the Comprehensive Plan and the City of Clearwater desires to incentivize new overnight accommodation development; and WHEREAS, Transfer of Development Rights (TDR) need further clarification in Beach by Design; and Ordinance No, 7546-06 1 3- - WHEREAS, the City of Clearwater has the authority pursuant to Rules Governing the Administration of the Countywide Future Land Use Plan, as amended, Section 2.3.3.8.4, to adopt and enforce a specific plan for red~velopment in accordance with the Community Redevelopment District plan category, and said Section requires that a special area plan therefore be approved by the local government; and WHEREAS, the proposed amendment to Beach by Design has been submitted to the Community Development Board acting as the Local Planning Authority (LPA) for the City of Clearwater; and 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 on December 13, 2001, now therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. Beach by Design: A Preliminary Design for Clearwater Beach and Design Guidelines, Section II. Future Land Use, Subsection A. The "Old Florida" District, is amended as follows: A. The "Old Florida" District The Old Florida District, which is the area between Acackl the rear lot lines of property on the north side of Somerset Street and Rockaway Street, is an area of transition between resort uses in Central Beach to the low intensity residential neighborhoods to the north of Acacia Street. Existing uses arc generally tho same as tho balance of the Beach. HO\.v8'1er, the scale and intensity of the area, with relatively fO\,v exceptions, is substantially less than comparable areas to the south. The mix of uses primarily includes residential, recreational, overniqht accommodations and institutional uses. Given the area's location and historical development patterns, this area should continue to be a transitional District. To that end, Beach by Desiqn supports the development of new overniqht accommodations and attached dwellinqs throuqhout the District with limited retail/commercial and mixed use development frontinq Mandalay Avenue between Bay Esplanade and Somerset Street. >>:dditi(jnall~nNaterfF@nt<:restawi:antS;;are enead raqed')to;;eaWaih a nd/0rlr0'€afei,tDo~~'~@'ii>eaw~fro;iitirld'fiheG'tttH otw~exl~o >'iBeafun bM 'rJeslQrI also supports the continued use and expansion of the various institutional and public uses found throuqhout the District. To ensure that the scale and character of development in Old Florida provides the desired transition between the adiacent tourist and residential areas, enhanced site Ordinance No. 7546-06 2 - desiqn performance is a priority. Beach bv Desiqn contemplates qreater setbacks ' and/or buildinq step backs and enhanced landscapinq for buildinqs exceedinq 35 feet in heiqht. The followinq requirements shall applv to development in the Old Florida District and shall supersede any conflictinq statements in Section VII. Desiqn Guidelines and the Community Development Code: 1. Maximum Buildinq Heiqhts. a. Buildinqs located on the north side of Somerset Street shall be permitted a maximum buildinq heiqht of 35 feet; b. Buildinqs located on the south side of Somerset Street and within' 60 feet of the southerlv riqht-of-wav line of Somerset Street shall be permitted a maximum buildinq heiqht of 50 feet; and c. Property throuqhout the remainder of the Old Florida District shall be permitted a maximum buildinq heiqht of 65 feet. 2. Minimum Required Setbacks. a. A 15 foot front setback shall be required for all properties throuqhout the District, except for properties frontinq on Mandalav Avenue. which may have a zero (0) foot front setback for 80% of the property line; and b. A ten (10) foot side and rear setback shall be required for all properties throuqhout the District, except for properties frontinq on Mandalav Avenue, which may have a zero (0) foot side setback and a ten (10) foot rear setback. 3. Required Buildinq Stepbacks or Alternative Increased Setbacks for Buildinqs Exceedinq 35 Feet in Heiqht. a. Buildinq stepback means a horizontal shiftinq of the buildinq massinq towards the center of the buildinq. b. Anv development exceedinq 35 feet in heiqht shall be required to incorporate a buildinq stepback on at least one side of the buildinq (at a point of 35 feet) 011 an increased setback on at least one side of the buildinq in compliance with the ratios provided in Section A.3.f. Additional stepbacks and/or setbacks may be required to provide additional separation between buildinqs and/or to enhance view corridors. c. All properties (except those frontinq on Mandalav Avenue) which front on a riqht-of-wav that runs east and west, shall provide a buildinq stepback on the front side of the buildinq, or an increased front setback in Ordinance No. 7546-06 3 - - compliance with the ratios provided in Section A.3.f. Additional stepbacks and/or setbacks may be required to provide additional separation between buildinqs and/o'n to enhance view corridors. d. All properties (except for properties frontinq on Mandalav Avenue) which front on a riqht-of-wav that runs north and south. shall provide a buildinq stepback on the side of the buildinq or an increased side setback in compliance with the ratios provided in Section A.3.f. Additional stepbacks and/or setbacks may be required to provide additional separation between buildinqs and/or to enhance view corridors. e. Properties frontinq on Mandalav Avenue must provide a buildinq stepback on the front side of the buildinq or an increased front setback in compliance with the ratios provided in Section A.3.f. Additional stepbacks and/or setbacks may be required to provide additional separation between buildinqs and/or to enhance view corridors. f. Stepback/Setback Ratios (1) For properties frontinq on streets that have a riqht-of-wav width less than 46 feet. the stepback/setback/heiqht ratio is one (1) foot for every two (2) feet in buildinq heiqht above 35 feet; (2) For properties frontinq on streets that have a riqht-of-wav width between 46 and 66 feet. the stepback or setback/heiqht ratio is one (1) foot for every two and one-half (2.5) feet in buildinq heiqht above 35 feet; and (3) For properties frontinq on streets that have a riqht-of-wav width of qreater than 66 feet. the step back or setback/heiqht ratio is one (1) foot for every three (3) feet in buildinq heiqht above 35 feet. 4. Flexibilitv of Setbacks/Steobacks for Buildinqs in Excess of 35 Feet in Heiqht. a. Setbacks (1) Except for properties frontinq on Mandalav Avenue. a maximum reduction of five (5) feet from any required setback may be possible if the decreased setback results in an improved site plan. landscapinq areas in excess of the minimum required and/or improved desiqn and appearance; and (2) To ensure that unimpaired access to mechanical features of a buildinq is maintained. a minimum five (5) foot unobstructed access must be provided alonq the entire side setback of Ordinance No, 7546-06 4 ~ 1 11imRl to:C-;:~ properties. except those for those properties frontinq on Mandalav Avenue where a zero (0) foot setback is permissible; and (3) Setbacks can be decreased at a rate of one (1) foot in required setback per two (2) feet in additional required stepback. if desired. b. Stepbacks (1) A maximum reduction of five (5) feet from any required buildinq stepback may be possible if the decreased buildinq stepback results in an improved site plan. landscapinq areas in excess of the minimum required and/or improved desiqn and appearance. (2) Buildinq stepbacks can be decreased at a rate of two (2) feet in stepback per one (1) foot in additional required setback. if desired. 5. Flexibilitv of Setbacks for Buildinqs 35 Feet and Below in Heiqht. a. A maximum reduction of ten (10) feet from any required front €wrGGt setback and a maximum reduction of five (5) feet from any side setback may be possible if the decreased setback results in an improved site plan, landscapinq areas in excess of the minimum required and/or improved desiqn and appearance; and ~ -( ^ < "~"",) ~ ,~" l<2-' <:y<'<....->.i~A ......., ~-" '.'<M <' -.. '\"<'^""'W<:':Y,%A~^ > ""'.<lW-'" ~~ ~~ ~,. mM's.. .V-:>> '~0'- '- ~m b'.;::,:,A'Nmaximwm','::reduGti@Q:ot'five~:;(5~"feet "'lromrwari&r requiretl rea rLsetl:lack for f)ullCJiAqs' arid afFilaxrnWIrn~r:e:at!iGfion of ten~1:tO~Y;feln frem ,aoy'requfreeJ rear set1}ae~AJfor:&i::aecessorv'; "at-qrade'Y1tstr;u"'Ctl:lres ;ma~';F::be:~posslole '''flif;'Jhe decreasei3,asmffacknliesults? in" an\1;JFi\i I!>roved"s'ite~plan~' lao{fscapililci1ire~as:< in ~5<~ess orHie minirfifmiffieeuJre+e*anCt/or imr:>roved1€1eslQn andiifappearance; and c. In all cases. a minimum five (5) foot unobstructed access must be provided alonq the side setback of properties, except for those properties frontinq Mandalav Avenue where a zero (0) foot setback is permissible. 6. Landscape Buffers a. A ten (10) foot landscape buffer is required alonq the street frontaae of all properties. except for that portion of a property frontinq on Mandalav ''"'3CSli\'t'' "'~ " ' '" '% ,,' '- "'\:<' '^,' Avenuef. and ex€e~t,:fof*ar@perties,,35 feet" ariid ,Below>> in,toeiqht ttiiat may be\tCill8nted fhixIl5i1itV, rn~~'lt1e'f%reQlm'ed seteacK~ in:; wtNich;$castt theweri'fire ser[)'acR~shallf~Be~landscaped;::ana b. For that portion of a property frontinq on Mandalav Avenue. a zero (0) foot setback may be permissible for 80% of the property frontaqe. The Ordinance No. 7546-06 5 ~ fu:m remaininq 20% property frontaqe is required to have a landscaped area for a minimum of five (5) feet in depth. The 20% may be located in several different locations on the property frontaqe. rather than placed in only one location on the property frontaqe. 7. ParkinqNehicular Access Lack of parkinq in the Old Florida District may hinder revitalization efforts. A shared parkinq strateqy may be pursued in order to assist in redevelopment efforts. For those properties frontinq on Mandalay Avenue. off-street parkinq access is required from a side street or alley and not from Mandalay Avenue. The mix of uses in the District f3vors residential more than other parts of Clearwater Beach and retail uses are primarily neiqhborhood servinq uses. Given the area's location and existinq conditions. Beach by Desiqn contemplates the renovation and revitalization of existinq improvements with limited new construction where renovation is not practical. Nmv sinqle f3milv d'.\'ellinqs and townhouses are the pref-orrod form of development. Densities in the area should be qenerallv limited to the density of existinq improvements and buildinq heiqht should be low to mid rise in accordance '/lith the Community Development Code. Lack of parkinq in this area mav hinder revitalization of existinq improvements particularly on Bav Esplanade. A shared parkinq strateqv should be pursued in order to assist revitalizations efforts. *********** Section 2. Beach by Design: A Preliminary Design for Clearwater Beach and Design Guidelines, Section II. Future Land Use, Subsection C. "Marina Residential" District, is amended as follows: ****** In the event that lot consolidation under one owner does not occur, Beach by Design contemplates the City working with the District property owners to issue a request for proposal to redevelop the District in the consolidated manner identified above. If this approach does not generate the desired consolidation and redevelopment, Beach by Design calls for the City to initiate a City Marina DRI in order to facilitate development of a marina based neighborhood subject to property owner support. If lot consolidation does not occur within the District, the maximum permitted height of development east of East Shore will be restricted to two (2) stories above parking and between Poinsettia and East Shore could extend to four (4) stories above parking. An additional story could be gained in this area if the property '.vas doveloped as a live/'Nork product. Ordinance No. 7546-06 6 - ****** Section 3. Beach by Design: A Preliminary Design for Clearwater Beach and Design Guidelines, Section V. Catalytic Projects, Subsection B. Community Redevelopment District Designation, is amended as follows: ****** Beach by Design recommends that the Comprehensive Plan of the City of Clearwater be amended to designate central Clearwater Beach (from the rear lot lines of property on the north side of Somerset J\cacia Street to the Sand Key Bridge, excluding Devon Avenue and Bayside Drive) as a Community Redevelopment District and that this Chapter of Beach by Design be incorporated into the Comprehensive Plan and submitted for approval to the Pinellas County Planning Council (PPC) and the Pinellas County Commissioners sitting as the Countywide Planning Authority. In addition, Beach by Design recommends that the use of Transfer of Development Riqhts {TORs} under the provisions of the Desiqn Guidelines contained in Section VIII of this Plan and the City's land development regulations be encouraged within the Community Redevelopment District to achieve the objectives of Beach by Design and the PPC Designation. Section 4. Beach by Design: A Preliminary Design for Clearwater Beach and Design Guidelines, Section VII. Design Guidelines, Subsection A. Density, is amended as follows: A. Density The gross density of residential development shall not exceed 30 dwelling units per acre, unless additional density is transf-erred from other locations on Clearwater Beach. Ordinarily, resort density will be limited to 40 units per acre. Hov.'ever, additional density can be added to a resort either by transferred development rights or if by 'Nay of the provisions of the community redevelopment district (CRD) designation. Nonresidential density is limited by Pinellas County Planning Council intensity standards. The maximum permitted density of residential development shall be 30 dwellinq units per acre. Throuqh the use of transfer of development riqhts (TORs) from other property located within the Clearwater Beach Community Redevelopment District, the maximum permitted density for residential development may be increased by not more than 20 percent. Historically the maximum permitted density for overniqht 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 Desiqn shall be 50 units per acre.* It also allows this maximum density of 50 units per acre to be exceeded Ordinance No. 7546-06 7 ~ ~ throuqh the use of TORs from other properties located within the Clearwater Beach Community Redevelopment District in compliance with the followinq provisions: 1. The amount of TORs used for resorts/overniqht accommodation proiects shall not be limited provided such proiects can demonstrate compliance with the provisions of this Plan. the Community Development Code and concurrency requirements. 2. Any TORs qained from the additional 10 overniqht accommodation units per acre authorized by this section of Beach bv Desiqn shall on Iv be used for overniqht accommodation uses. The conversion of such density to another use is prohibited. Beach by Desiqn also supports the allocation of additional density for resort development throuqh the density pool established in Section V.B. of this Plan. The maximum permitted floor area ratio for nonresidential development is limited to 1.0 pursuant to the Pinellas County PlanninQ Council intensity standards. * When Beach bv Desian was oriainallv adopted, the allowable density for resorts/overniaht accommodations was 40 units per acre. That density was increased to 50 units per acre throuah Ordinance No. 7546-06. References to 40 units per acre are still evident in Section V.B. Community Redevelopment District Desianation and have not been chanaed because that was the density in place when the oriainal analvsis was conducted. Section 5. Beach by Design, as amended, contains specific development standards and design guidelines for areas of Clearwater Beach that are in addition to and supplement the Community Development Code; and Section 6. The City Manager or designee shall forward said plan to any agency required by law or rule to review or approve same; and Section 7. 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 8. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Frank V. Hibbard Ordinance No. 7546-06 8 Approved as to form: - - Leslie Dougall-Sides Assistant City Attorney Mayor Attest: Cynthia E. Goudeau City Clerk Ordinance No. 7546-06 9 ", ,/ DRAFT - 2/08/06 ORDINANCE NO. 7546-06 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA MAKING AMENDMENTS TO BEACH BY DESIGN: A PRELIMINARY DESIGN FOR CLEARWATER BEACH AND DESIGN GUIDELINES; BY AMENDING SECTION II. FUTURE LAND USE, SUBSECTION A. THE "OLD FLORIDA" DISTRICT BY REVISING THE USES, BUILDING HEIGHTS, STEPBACKS, SETBACKS, LANDSCAPING AND PARKING ACCESS ALLOWED IN THE DISTRICT; BY AMENDING SECTION II. FUTURE LAND USE, SUBSECTION C. MARINA RESIDENTIAL DISTRICT BY DELETING THE REFERENCE TO A L1VEIWORK PRODUCT; BY AMENDING SECTIONS V.B AND VII.A BY CLARIFYING TRANSFER OF DEVELOPMENT RIGHT PROVISIONS; BY INCREASING ALLOWABLE RESORT! OVERNIGHT ACCOMMODATIONS DENSITY FROM 40 TO 50 UNITS PER ACRE; 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 WHEREAS, the public infrastructure and private improvements of Clearwater Beach are a critical part contributing to the economic vitality of the Beach; and WHEREAS, substantial improvements and upgrades to both the public infrastructure and private improvements are necessary to improve the tourist appeal and citizen enjoyment of the Beach; and WHEREAS, the City of Clearwater has invested significant time and resources in studying the Old Florida District of Clearwater Beach; and WHEREAS, Beach by Design, the special area plan governing Clearwater Beach, contains specific development standards and design guidelines for areas of Clearwater Beach that need to be improved and/or redeveloped; and WHEREAS, Beach by Design was not clear with regard to the "preferred uses" and was not reflective of the existing uses located in the Old Florida District of Clearwater Beach,and WHEREAS, Beach- by Design limited overnight accommodations greater than the Comprehensive Plan and the City of Clearwater desires to incentivize new overnight accommodation development; and WHEREAS, Transfer of Development Rights (TOR) need further clarification in Beach by Design; and Ordinance No. 7546-06 1 DRAFT - 2/02/06 WHEREAS, the City of Clearwater has the authority pursuant to Rules Governing the Administration of the Countywide Future Land Use Plan, as amended, Section 2.3.3.8.4, to adopt and enforce a specific plan for redevelopment in accordance with the Community Redevelopment District plan category, and said Section requires that a special area plan therefore be approved by the local government; and WHEREAS, the proposed amendment to Beach by Design has been submitted to the Community Development Board acting as the Local Planning Authority (LPA) for the City of Clearwater; and 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, BBD was originally adopted on February 15, 2001 and subsequently amended on December 13, 2001, now therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. Beach by Design: A Preliminary Design for Clearwater Beach and Design Guidelines, Section II. Future Land Use, Subsection A. The "Old Florida" District, is amended as follows: ~~~ .~_. A. The "Old Florida" District Q.J- ~ 1- ofi... ~ ~~ WJV'"_- The Old Florida District. which is the area between Aea\;ia Sb ~~t--and Rockaway Street. 1> _~J is an area of transition between resort uses in Central Beach to the low intensity ~ r residential neighborhoods to the north of Acacia Street. Existing uses are generally the " r ~ same as the balance of the Beach. However, the scale and intensity of the area, v:ith relatively fe.", ex.ceptions, is substantially less than comparable areas to the south. The mix of uses primarilv includes residential. recreational. overniaht accommodations and institutional uses. Given the area's location and historical development patterns. this area should continue to be a transitional district. To that end. Beach bv Desian supports the development of new overniaht accommodations and attached dwellinas throuahout the District with limited retail/commercial and mixed use development frontina Mandalav Avenue between Bav Esplanade and Somerset Street. It also supports the continued use and expansion of the various institutional and public uses found throuahout the District. To ensure that the scale and character of development in Old Florida provides the desired transition between the adiacent tourist and residential areas. enhanced site desian performance is a priority. Beach bv Desian contemplates areater setbacks and/or buildina stepbacks and enhanced landscapina for buildinas exceedina 35 feet in heiaht. The followina reauirements shall applv to development in the Old Florida District Ordinance No. 7546-06 2 DRAFT - 2/08/06 and shall supercede any conflictino statements in Section VII: Desion Guidelines or the Community Development Code: 1. Maximum Buildino Heiohts. a. Buildinos located on the north side of Somerset Street shall be permitted a maximum buildino heioht of 35 feet: b. Buildinos located on the south side of Somerset Street and within 60 feet of the southerlv rioht-of-way line of Somerset Street shall be permitted a maximum buildino heioht of 50 feet: and c. Property throuohout the remainder of the Old Florida District shall be permitted a maximum buildino heioht of 65 feet. 2. Minimum ReQuired Setbacks. a. A 15 foot front setback shall be reQuired for all properties throuohout the district. except for properties frontino on Mandalay Avenue. which may have a zero (0) foot front setback for 80% of the property line: and b. A ten (10) foot side and rear setback shall be reQuired for all properties throuohout the district. except for properties fronting on Mandalav Avenue. which may have a zero (0) foot side setback and a ten (10) foot rear setback. 3. ReQuired Buildino Stepbacks or Alternative Increased Setbacks for Buildinos Exceedino 35 Feet in Heioht. a. Buildino stepback means a horizontal shiftino of the buildino massino towards the center of the buildino. b. Anv development exceedino 35 feet in heioht shall be reQuired to incorporate a buildino stepback on at least one side of the buildino (at a point of 35 feet) or an increased setback on at least one sid$' of the buildino in compliance with the ratios provided in Section A.3.f.v(dditional step backs and/or setbacks may be reQuired to provide additional separation between buildinos and/or to enhance view corridors. c. All properties (except those frontino on Mandalay Avenue) which have their front on a road that runs east and west shall rovide a buildin ste back on the front side of the buildin or an incre sed front setback in compliance with the ratios provided in Section A.3.f. Additional stepbacks and/or setbacks may be reQuired to provide additional separation between buildinos and/or to enhance view corridors. Ordinance No. 7546-06 3 DRAFT - 2/08/06 d. All properties (except for properties frontina on Mandalay Avenue) which have their front on a road that runs north and south. shall provide a buildin ste back on the side of the buildin or an increased sid setback in compliance with the ratios provided in Section A.3.f. ~dditional stepbacks and/or setbacks may be reQuired to provide additional separation between buildinas and/or to enhance view corridors. J f. e. Pro erties frontin on Mandala Avenue must rovide a buildin ste back on the front side of the buildin or an increase front setback in compliance with the ratios provided in Section A.3.f. dditional stepbacks and/or setbacks may be reQuired to provide additional separation between buildinas and/or to enhance view corridors. Stepback Ratios (1) For properties frontina on streets that have a riaht-of-way width less than 46 feet, the stepback or setbacklheiaht ratio is one (1) foot for every two (2) feet in buildina heiaht above 35 feet: (2) For properties frontina on streets that have a riaht-of-way width between 46 and 66 feet. the stepback or setbacklheiaht ratio is one (1) foot for every two and one-half (2.5) feet in buildina heiaht above 35 feet: and (3) For properties frontina on streets that have a riaht-of-way width of areater than 66 feet, the stepback or setbacklheiaht ratio is one (1) foot for every three (3) feet in buildina heiaht above 35 feet. 4. Flexibility of Setbacks/Step backs for Buildinas in Excess of 35 Feet in Heiaht. a. Setbacks (1) Except for properties frontina on Mandalay Avenue. a maximum reduction of five (5) feet from any reQuired setback may be possible if the decreased setback results in an improved site plan. landscapina areas in excess of the minimum reQuired and/or improved desian and apqe~nd n~ tJ.. /J." .~ _ ~~. ~ ~ ~ To ensu e that unim . ect access to echanical features of tAe buildin a minimu five 5 foot obstructed access must be provided alona the ide~ and rear f properties eutside ur the from. aAd--r'eaf---Getb8C~, except on the sides ('of properties alona Mandala Avenue where a zer f ot setback is ermissible' and o (3) Setbacks can be decreased at a rate of one (1) foot in required setback per two (-i2) foot in additional reQuired stepback. if desired; and ~ ~ AJrY'" Q"Y Ordinance No. 7546-06 4 DRAFT - 2/08/06 b. Stepbacks (1) A maximum reduction of five (5) feet from any required buildina stepback may be possible if the decreased buildina stepback results in an improved site plan. landscapina areas in excess of -the minimum required and/or improved desian and appearance. (2) Buildina stepbacks can be decreased at a rate of two (~2) foot in step back per one (1) foot in additional required setback. if desired. 5. Flexibility of Setbacks for Buildinas 35 Feet and Below in Heiaht. a. A maximum reduction of ten (10) feet from any required front or rear setback and a maximum reduction of five (5) feet from any side setback may be possible if the decreased setback results in an improved site plan. landscapina areas in excess of the minimum required and/or improved desian and appearance; and b. In all cases. a minimum five (5) foot unobstructed access must be provided alona the sides and rear of properties. except on the sides of properties alona Mandalay Avenue where a zero (0) foot setback is permissible. 6. Landscape Buffers a. A ten (10) foot landscape buffer is required alona the street frontaae of all properties. except for that portion of a property frontina on Mandalay Avenue; and b. For that portion of a property frontina on Mandalay Avenue. a zero (0) foot setback may be permissible for 80% of the property frontaae. The remainina 20% property frontaae is required to have a landscaped area for a minimum of five (5) feet in depth. The 20% may be located in several different locations on the property frontaae. rather than placed in only one location on the property frontaae. 7. ParkinaNehicular Access Lack of parking in the Old Florida District may hinder revitalization efforts. A shared parkina strateay should may be pursued in order to assist in redevelopment efforts. For those properties frontina on Mandalay Avenue. off-street parkina access is required from a side street or alley and not from Mandalay Avenue. Ordinance No. 7546-06 5 DRAFT - 2/08/06 The mix of uses in the District favors residential more than other parts of Clear\"l3ter Beach and retail uses are primarily neiahborhood servina uses. Given the area's location and existina conditions. Beach bv Desian contemplates the renovation and revitalization of e-xistina improvements with limited new construction where renovation is not practical. New sinale familv dwellinas and townhouses are the preferred form of development. Densities in the area should be aenerallv limit~d to the densit'l of e-xistina improvements and buildina heiaht should be I())N to mid rise in accordance with the Community Development Code. Lack of parkina in this area mav hinder revitalization of existina improvements particularly on Bav Esplanade. 1\ shared parkina stratea'! should be pursued in order to assist revit31izations efforts. *********** Section 2. Beach by Design: A Preliminary Design for Clearwater Beach and Design Guidelines, Section II. Future Land Use, Subsection C. "Marina Residential" District, is amended as follows: ****** In the event that lot consolidation under one owner does not occur, Beach by Design contemplates the City working with the District property owners to issue a request for proposal to redevelop the District in the consolidated manner identified above. If this approach does not generate the desired consolidation and redevelopment, Beach by Design calls for the City to initiate a City Marina DRI in order to facilitate development of a marina based neighborhood subject to property owner support. If lot consolidation does not occur within the District, the maximum permitted height of development east of East Shore will be restricted to two (2) stories above parking and between Poinsettia and East Shore could extend to four (4) stories above parking. An additional story could be gained in this area if the property '....3S developed as a live/work product. ****** Section 3. Beach by Design: A Preliminary Design for Clearwater Beach and Design Guidelines, Section V. Catalytic Projects, Subsection B. Community . Redevelopment District Designation, is amended as follows: ~ ...... t"~~~ Beach by Design recommends that the Comprehensive Plan of ~a c:e of'~ Clearwater be amended to designate central Clearwater Beach (from A' et -J' . to the Sand Key Bridge, excluding Devon Avenue and Bayside Drive) as a Community Redevelopment District and that this Chapter of Beach by Design be incorporated into the Comprehensive Plan and submitted for approval to the Pinellas County Planning Council (PPC) and the Pinellas County Commissioners sitting as the Countywide Planning Authority. In addition, Beach by Design recommends that Ordinance No. 7546-06 6 DRAFT - 2/08/06 the use of Transfer of Development Riahts {TORs} under the provisions of the Desian Guidelines contained in Section VIII of this Plan and the City's land development regulations be encouraged within the Community Redevelopment District to achieve the objectives of Beach by Design and the PPC Designation. Section 4. Beach by Design: A Preliminary Design for Clearwater Beach and Design Guidelines, Section VII. Design Guidelines, Subsection A. Density, is amended as follows: A. Density The gross density of residential development shall not exceed 30 d'.velling units per acre, unless additional density is transferred from other locations on Clearwater Beach. Ordinarily, resort density will be limited to 40 units per acre. Hovl8ver, additional density can be added to a resort either by transferred development rights or if by way of the pro'.'isions of the community redevelopment district (CRD) designation. Nonresidential density is limited by Pinellas County Planning Council intensity standards. The maximum ermitted densit of residential develo ment shall be 30 dwellin units er acre. Throu h the use of transfer of develo ment ri hts TD rom other property located within the Clearwater Beach Community Redevelopment District. the maximum permitted density for residential development may be increased bY not more than 20 percent. Historically the maximum permitted density for ovemiaht accommodation uses has been 40 units per acre. In order to assist in the redevelopment of Clearwater Beach, Beach by Desian increases the maximum permitted density to 50 units per acre. * It also allows this maximum density to be exceeded throuah the use of TDR~ from other properties located within the Clearwater Beach Community Redevelopment District in compliance with the followina provisions: I. The amount of TDFf used for resorts/overniaht accommodation proiects shall not be limite~rovided such proiects can demonstrate compliance with the provisions this Plan. the Community Development Code and concurrency requirements. a, , . Any TDR aained from the additional 10 overniaht accommodation units per acre authorized by this section of Beach by Desian shall only be used for overniaht accommodation uses. The conversion of such density to another use is prohibited. Ordinance No. 7546-06 7 DRAFT - 2/0fJ/06 Beach by Desian also supports the allocation of additional density for resort development throuah the density pool established in Section V. B. of this Plan. The maximum permitted floor area ratio for nonresidential development is limited to 1.0 pursuant to the Pinellas County Plannina Council intensity standards. ,/ *When Beach bv Desian was oriainallv adoDted I the allowable density for resorts/ovemiaht accommodations was 40 units Der acre. That densftv was increased to 50 units Der acre throuah Ordinance No. 7546-06. References to 40 units Der acre are still evident in Section V.B. Community RedeveloDment District Desianation because that was the density in olace when the oriainal analvsis was conducted. Section 5. Beach by Design, as amended, contains specific development standards and design guidelines for areas of Clearwater Beach that are in addition to and supplement the Community Development Code; and Section 6. The City Manager or designee shall forward said plan to any agency required by law or rule to review or approve same; and Section 7. It is the intention of the City Council that this ordinance and plan and every provision thereofl shall be considered separable; 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 8. 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: Ordinance No. 7546-06 8 DRAFT - 2/08/06 Leslie Dougall-Sides Assistant City Attorney Cynthia E. Goudeau City Clerk Ordinance No. 7546-06 9 t....~... _.it O~ " / 1 C/'{~ A j .1 () .Jt1 <>>-) T7Y ~ ~c::i ~ 't1? ORDINANCE NO. 7546-06 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA MAKING AMENDMENTS TO BEACH BY DESIGN: A PRELIMINARY. DESIGN FOR CLEARWATER BEACH AND DESIGN GUIDELINES; BY AMENDING SECTION II. FUTURE LAND USE, SUBSECTION A. THE "OLD FLORIDA" DISTRICT BY REVISING THE USES, BUILDING HEIGHTS, STEPBACKS, SETBACKS, LANDSCAPING AND PARKING ACCESS ALLOWED IN THE DISTRICT; BY AMENDING SECTION II. FUTURE LAND USE, SUBSECTION C. MARINA RESIDENTIAL DISTRICT BY DELETING THE REFERENCE TO A L1VE/WORK PRODUCT; BY AMENDING SECTIONS V.B AND VILA BY CLARIFYING TRANSFER OF DEVELOPMENT RIGHT PROVISIONS; 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 WHEREAS, the public infrastructure and private improvements of Clearwater Beach are a critical part contributing to the economic vitality of the Beach; and WHEREAS, substantial improvements and upgrades to both the public infrastructure and private improvements are necessary to improve the tourist appeal and citizen enjoyment of the Beach; and WHEREAS, the City of Clearwater has invested significant time and resources in studying the Old Florida District of Clearwater Beach; and WHEREAS, Beach by Design, the special area plan governing Clearwater Beach, contains specific development standards and design guidelines for areas of Clearwater Beach that need to be improved and/or redeveloped; and WHEREAS, Beach by Design was not clear with regard to the "preferred uses" and was not reflective of the existing uses located in the Old Florida District of Clearwater Beach,and WHEREAS, Transfer of Development Rights (TDR) need further clarification in Beach by Design; and WHEREAS, the City of Clearwater has the authority pursuant to Rules Governing the Administration of the Countywide Future Land Use Plan, as amended, Section 2.3.3.8.4, to adopt and enforce a specific plan for redevelopment in accordance with the Community Redevelopment District plan category, and said Section requires that a special area plan therefore be approved by the local government; and Ordinance No 7546-06 1"~ "'l ,\ !~ ~ Ji '1 '''1 - l/ j WHEREAS, the proposed amendment to Beach by Design has been submitted to the Community Development Board acting as the Local Planning Authority (LPA) for the City of Clearwater; and 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, BBD was originally adopted on February 15, 2001 and subsequently amended on December 13, 2001, now therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. Beach by Design: A Preliminary Design for Clearwater Beach and Design Guidelines, Section II. Future Land Use, Subsection A. The "Old Florida" District, is amended as follows: ~ U A. The "Old Florida" District I. ~v \\J- ,A _ ? ~~ ~OvJJLJ'-.tJL/. ~ - U The Old Florida District. which is the area between Acacia Street and Rockaway Street, is an area of transition between resort uses in Central Beach to the low intensity residential neighborhoods to the north of Acacia Street. Existing uses are generally the same as the b313nce of the Be3ch. However, the sC31e and intensity of the am3, 'Nith ml3tively few exceptions, is subst3nti311y less th3n comp3rable are3S to the south. The mix of uses primarily includes residential. recreational. overniqht accommodations and institutional uses. Given the area's location and historical development patterns, this area should continue to be a transitional district. To that end. Beach by Desiqn supports the development of new overniqht accommodations and attached dwellinqs throuqhout the District with limited retail/commercial development frontinq Mandalay Avenue between Bay Esplanade and Somerset Street. It also supports the continued use and expansion of the various institutional and public uses found throuqhout the District. To ensure that the scale and character of development in Old Florida provides the desired transition between the adiacent tourist and residential areas. enhanced site desiqn performance is a pi"iority. Beach by Desiqn contemplates qreater setbacks and/or buildinq stepbacks and enhanced landscapinq for buildinqs exceedinq 35 feet in heiqht. The followinq requirements shall apply to development in the Old Florida District and shall supercede any conflictinq statements in Section VII. Desiqn Guidelines or the Community Development Code: 1. Maximum Buildinq Heiqhts. a. Buildinqs located on the north side of Somerset Street shall be permitted 'a maximum buildinq heiqht of 35 feet; Ordinance No, 7546-06 ., ') , } l~ .k 1 i i jj 1 / b. Buildinqs located on the south side of Somerset Street and within 60 feet of the southerly riqht-of-way line of Somerset Street shall be permitted a maximum buildinq heiqht of 50 feet; and c. Property throuqhout the remainder of the Old Florida District shall be permitted a maximum buildinq heiqht of 65 feet. 2. Minimum Required Setbacks. a. A 15 foot front setback shall be required for all properties throuqhout the district. except for properties frontinq on Mandalay Avenue, which may have a zero (0) foot front setback for 80% of the property line; and b. A ten (10) foot side and rear setback shall be required for all properties throuqhout the district. except for properties frontinq on Mandalay Avenue, which may have a zero (0) foot side setback and a ten (10) foot rear setback. 3. Required Buildinq Stepbacks or Alternative Increased Setbacks for Buildinqs Exceedinq 35 Feet in Heiqht. a. Buildinq stepback means a horizontal shiftinq of the buildinq massinq towards the center of the buildinq. b. Any development exceedinq 35 feet in heiqht shall be required to incorporate a buildinq stepback on at least one side of the buildinq (at a point of 35 feet) or provide an increased setback on at least one side of the buildinq in compliance with the ratios provided in Section A.3.f. c. All properties (except those frontinq on Mandalay Avenue) which have their front on a road that runs east and west, shall provide a buildinq stepback on the front side of the buildinq or an increased front setback in compliance with the ratios provided in Section A.3.f. d. All properties (except for properties frontinq on Mandalay Avenue) which have their front on a road that runs north and south, .shall provide a buildinq stepback on the side of the buildinq or an increased side setback in com~liance with the ratios provided in Section A.3.f. e. Properties frontinq on Mandalay Avenue must provide a buildinq stepback on the front side of the buildinq or an increased front setback in compliance with the ratios provided in Section A.3.f. Ordinance No. 7546-06 1/1 f. Stepback Ratios (1) For properties frontinq on streets that have a riqht-of-way width less than 46 feet. the stepback or setbacklheiqht ratio is one (1) foot for every two (2) feet in buildinq heiqht above 35 feet; (2) For properties frontinq on streets that have a riqht-of-way width between 46 and 66 feet. the stepback or setbacklheiqht ratio is one (1) foot for every two and one-half (2.5) feet in buildinq heiqht above 35 feet; and (3) For properties frontinq on streets that have a riqht-of-way width of qreater than 66 feet, the stepback or setbacklheiqht ratio is one (1) foot for every three (3) feet in buildinq heiqht above 35 feet. 4. Flexibility of Setbacks/Stepbacks for Buildinqs in Excess of 35 Feet in Heiqht. a. Setbacks (1) Except for properties frontinq on Mandalay Avenue. a maximum reduction of five (5) feet from any required setback may be possible if the decreased setback results in an improved site plan. landscapinq areas in excess of the minimum required and/or improved desiqn and appearance;'and (2) In all cases, a minimum five (5) foot unobstructed access must be provided alonq the sides and rear of properties. except on the sides of properties alonq Mandalay Avenue where a zero foot setback is permissible; and (3) Setbacks can be decreased at a rate of one (1) foot in required setback per one (1) foot in additional required stepback. if desired; and b. Stepbacks (1) A maximum reduction of five (5) feet from any required buildinq stepback may be possible if the decreased buildinq stepback results in an improved site plan. landscapinq areas in excess of the minimum required and/or improved desiqn and appearance. (2) Buildinq stepbacks can be decreased at a rate of one (1) foot in stepback per one (1) foot in additional required setback. if desired. Ordinance No, 7546-06 " ~ L '1 t j ! ,i ! '\1 5. Flexibility of Setbacks for Buildinqs 35 Feet and Below in Heiqht. a. A maximum reduction of ten (10) feet from any required front or rear setback and a maximum reduction of five (5) feet from any side setback may be possible if the decreased setback results in an improved site plan, landscapinq areas in excess of the minimum required and/or improved desiqn and appearance; and b. In all cases, a minimum five (5) foot unobstructed access must be provided alonq the sides and rear of properties, except on the sides of properties alonq Mandalay Avenue where a zero (0) foot setback is permissible. 6. Landscape Buffers a. A ten (10) foot landscape buffer is required alonq the street frontaqe of all properties, except for that portion of a property frontinq on Mandalay Avenue; and b. For that portion of a property frontinq on Mandalay Avenue, a zero (0) foot setback may be permissible for 80% of the property frontaqe. The remaininq 20% property frontaqe is required to have a landscaped area for a minimum of five (5) feet in depth. The 20% may be located in several different locations on the property frontaqe, rather than placed in only one location on the property frontaqe. 7. ParkinqNehicular Access Lack of parkinq in the Old Florida District may hinder revitalization efforts. A shared parkinq strateqy should be pursued in order to assist in redevelopment efforts. For those properties frontinq on Mandalay Avenue. off-street parkinq access is required from a side street or allev and not from Mandalav Avenue. The mix of uses in the District favors residenti31 more than other parts of Cleal\\'ater Beach and retail uses are primarilv neiqhborhood servinq uses. Given the area's location and existinq conditions, Beach by Desiqn contemplates the renovation and revitalization of existinq improvements '....ith limited now construction where renovation is not practical. New sinqle familv dwellinqs and townhouses are the preferred form of development. Densities in the area should be qenerall" limited to the density of existinq improvements and buildinq heiqht should be low to mid rise in accordance '.vith the Community Development Code. Lack of parkinq in this area mav hinder revitalization of existinq improvements particularl'! on Ba" Esplanade. ^ shared parkinq strateqv should be pursued in arder to assist revitalizations efforts. *********** Ordinance No, 7546-06 --< 1/] AI f Section 2. Beach by Design: A Preliminary Design for Clearwater Beach and Design Guidelines, Section II. Future Land Use, Subsection C. "Marina Residential" District, is amended as follows: ****** In the event that lot consolidation under one owner does not occur, Beach by Design contemplates the City working with the District property owners to issue a request for proposal to redevelop the District in the consolidated manner identified above, If this approach does not generate the desired consolidation and redevelopment, Beach by Design calls for the City to initiate a City Marina DRI in order to facilitate development of a marina based neighborhood subject to property owner support. If lot consolidation does not occur within the District, the maximum permitted height of development east of East Shore will be restriCted to two (2) stories above parking and between Poinsettia and East Shore could extend to four (4) stories above parking. An additional story could be gained in this area if the property 'Nas developed as a live/work product. ****** Section 3. Beach by Design: A Preliminary Design for Clearwater Beach and Design Guidelines, Section V. Catalytic Projects, Subsection B. Community Redevelopment District Designation, is amended as follows: cYVV t1J-;:::;; 1 Beach by Design recommends that the Comprehensive Plan o~e City of Clearwater be amended to designate central Clearwater Beach (from ~cacia Street to the Sand Key Bridge, excluding Devon Avenue and Bayside Drive) as a Community Redevelopment District and that this Chapter of Beach by Design be incorporated into the Comprehensive Plan and submitted for approval to the Pinellas County Planning Council (PPC) and the Pinellas County Commissioners sitting as the Countywide Planning Authority. In addition, Beach by Design recommends that the use of Transfer of Development Riqhts {TDRs} under the provisions of the Desiqn Guidelines contained in Section VIII of this Plan and the City's land development regulations be encouraged within the Community Redevelopment District to achieve the objectives of Beach by Design and the PPC Designation. * * * * * * Section 4. Beach by Design: A Preliminary Design for Clearwater Beach and Design Guidelines, Section VII. Design Guidelines, Subsection A. Density, is amended as follows: Ordinance No. 7546-06 -- 1/1 A. Density The gross density of residential development shall not exceed 30 dwelling units per acre, unless additional density is transferred from other property loc3tions located on Clearwater Beach and qoverned by Beach by DesiQn. The maximum permitted development potential of residential proiects which use transfer of development riqhts (TDRs) shall not be exceeded by more than 20 percent. Ordinarily, resort density will be limited to 40 units per acre. However, additional density can be added to a resort either by tr3nsferred development rights TDRs or if by way of the provisions of the community redevelopment district (CRD) designation. There shall be no limit on the amount of density that can be received throuqh TDRs for resort and/or overniqht accommodation uses provided such proiects demonstrate compliance with the provisions of this Plan, the Community Development Code and concurrency requirements. Nonresidential density is limited by Pinellas County oPlanning Council intensity standards. Section 5. Beach by Design, as amended, contains specific development standards and design guidelines for areas of Clearwater Beach that are in addition to and supplement the Community Development Code; and Section 6. The City Manager or designee shall forward said plan to any agency required by law or rule to review or approve same; and Section 7. It is the intention of the City Council that this ordinance and plan and every provision thereof, shall be considered separable; 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 8. 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: Ordinance No. 7546-06 1 11 If Leslie Dougall-Sides Assistant City Attorney Cynthia E. Goudeau City Clerk Ordinance No. 7546-06 ~{elearwater I- ::;. y '0041<%1# Planrung Department TO: Community Development Board (CDB) Members Gildersleeve, Coates, Dennehy, Fritsch, Johnson, Milam, Plisko, Tallman, FROM: Planning Department Staff DATE: December 15, 2005 SUBJECT: December CDB Meeting Date In response to our request for review of Proposed Community Development Code amendments (Ordinance No. 7449-05) the Pinellas Planning Council (PPC) has determined, with regard to Section 36 of that ordinance: "The proposed amendment regarding exceeding the 20% limit on Transferable Development Rights (TDRs) in the area controlled by Beach by Design is inconsistent with the Countywide Rules." The PPC has provided a recommendation to the City that would allow this proposal to be consistent, and it will involve a later amendment to Ordinance No. 7449-05. The Planning Department, therefore requests an extension, until your January 17, 2006 meeting, of consideration of the proposed amendments regarding TDRs as contained in Ordinance No. 7449-05. We appreciate your patience in this matter. '7 3 8 !'~65 cc: Cynthia Goudeau, City Clerk Susan Chase, City Clerk Specialist C:\Documents and Settmgs\Sherry.Watkins\Local Settmgs\Temporary Internet Files\OLK23\Memo - December 2005 Ord. #7449-052,doc 70 ~~~ ~ \'y(~/o S DRAFT #3 October 2005 OLD FLORIDA RECOMMENDATIONS STEPBACK A stepback is required on a building beginning at the bottom of the fourth story. Structures with three stories or less do not require a stepback. A story is defined as being 11 feet or less in height, and would include a story that may contain parking facilities. Stepbacks may be used for amenities, such as pools, lawn furniture and exercise equipment, as long as these amenities are in compliance with the Building Code. However, in no instance may any structure encroach into a required building stepback. The stepback ratio is as follows: For lots fronting streets that have a 0-45.9 feet right-of-way, the stepback/height ratio is 1:2. For lots fronting streets that have a 46-65.9 feet right-of-way, the stepback/height ratio is 1:2.5. For lots fronting streets that have a 66+ feet right-of-way, the stepback/height ratio is 1 :3. SETBACKS/LANDSCAPING Except for the front lot lines of property facing Mandalay Avenue, a 15- foot building setback is required on all sides of the property. Except for the front lot lines of property facing Mandalay Avenue, a ten-foot landscape buffer is required on all sides of the property. A residential use is required to have a minimum 15-foot landscaped setback along frontage on Mandalay Avenue. A commercial use may have a zero-feet setback along Mandalay Avenue for 80% of the feet along the frontage line of the property. The other 20% is required to have a minimum landscaped setback of 15 feet. The 20% setback may be located in several different locations on the frontage line of the property, rather than be placed in only one location on the frontage line of the property. PARKING If the lot fronts on Mandalay Avenue, parking access is required from a side street off Mandalay. No vehicular access is to occur from Mandalay Avenue. , \1' o\ftc;{ ec.t kJ;j KoP~ r- lef7T '- _CTION 4.4.13 (F) (1) (1) HeiQht: The CBD is a geographic area in which exceptions to height regulations are allowed pursuant to Section 4.3.4(J). [Amd. Ord. 21-04 5/4/04] (a) Overall Height of buildings shall be a minimum of twenty-five feet (25') and a maximum of forty-eight feet (48') in height. Exceptions to the height limitations shall comply with Section 4.3.4(J)(3) and (4). (b) Arcade Height shall be a minimum ten feet (10'), measured from finished arcade floor to finished arcade ceiling. (c) Floor Height shall be a minimum of ten feet (10') for ground floors and a minimum height of nine feet (9') for all other floors. All heights shall be measured from finished floor to finished ceiling. Auxiliary and service rooms, such as, garages, restrooms, closets, laundry rooms, dressing rooms, storage rooms, mechanical, electrical, and plumbing equipment rooms are exempted from the floor height regulations. NOTE. HEIGHT REGULATIONS DO NOT APPLY TO AUXILIARY AND SERVICE ROOMS 48FT 25 FT MIN BUILDING HEIGHT - "r' 9 FT MIN -.1'- 10 FT. MIN Figure 4.4.13-4 - Building Height Requirements (2) Open Space: A minimum of 10% non-vehicular open space shall be provided; however, within the area encompassed by the boundaries of the original Downtown Development Authority as described in Section 8.2.2(B), and within those sections of the CBD zoning district located within the Pineapple Grove Main Street area and east of the Intracoastal Waterway, there shall be no minimum open space requirement. Notwithstanding the provisions of this section, the body acting upon a 4.4 - 55 '- _CTION 4.4.13 (F) (2) development application within the CBO may require that open areas, including but not limited to courtyards, plazas, and landscaped setbacks, be provided in order to add interest and provide relief from the building mass. [Amd. Ord. 22-99 7/20/99]; [Amd. Ord.24-95 5/16/95] (3) BuildinQ FrontaQe and Front Setbacks: [Amd. Ord. 64-04 11/16/04]; [Amd. Ord. 21-04 5/4/04] (a) The building frontage for an interior lot is the portion of the lot abutting the primary street minus the required side setbacks. (b) The building frontage for the primary street side of a corner lot is the portion of the lot abutting the primary street minus the required side setbacks. (c) The building frontage for the secondary street side of a corner lot is the portion of the lot abutting the secondary street minus the required front and rear setbacks. RO.W ~ o ci ~ o ci R.OW Figure 4.4.13-5 - Building Frontage ROW (d) Building frontage is expressed in percentages and may vary from floor to floor. (e) Frontage and setbacks shall be taken from the property line, or if a dedication is required, from the resulting property line after dedication. (f) Building frontage and setbacks for properties fronting on Atlantic Avenue or A-1-A shall comply with Table 4.4.13-1. 4.4 - 56 SEL _ ~ON 4.4.13 (F) (3) (9) (g) The front setback area for buildings fronting on Atlantic Avenue shall be paved with paving materials to match the existing sidewalks within the Atlantic Avenue right-of-way. (h) For corner lots with Atlantic Avenue side street frontage, the first sixty feet (60') of the building, taken from the Atlantic Avenue property line, or if a dedication is required, from the resulting property line after dedication shall comply with Table 4.4.13-1. (i) Building frontage and setbacks for properties fronting on streets other than Atlantic Avenue or A-1-A shall comply with Table 4.4.13-2. ^^ Setback ^Afeet)~" :0: r~ .. I West Atlantic 5' minI Neighborhood Finished grade 10'max (W AN) and to 37' Remaining length 24' min Remaining length 17' minI Beach Area 22' max (BA)(4) 50% max 12' 50% max 17' min 37' to 48' Remaining length 24' min Remaining length 29' min 70%/90% 5' mln or FInished grade 1 0' max to 25' Remaining length 17'mrnor 22' max Central Core NIA 70% max 17' min (CC)(4) 25' to 37' Remaining length 29' mln 50% max 29' min 37' to 48' Remalnin len th 41' min 48' and above 100% max 41' min Notes to above Table are located after Table 4.4.13-2. 4.4 - 57 ~ ~CTION 4.4.13 (F) (3) TABLE 4.4.13-2 <4if ,%;;S;tABLE 4.4.13-2~:;,;;;', /~~ "<<~~V, ^' 0 Finished grade to 25' Remaining length Other Right-of- SO% max ways 25' to 48' Remaining length 29' min 48' and above 100% 41' min 70%/90% S'mlnl Finished grade to 2S' 1 0' max Pineagple Grove Remaining length 17' mini Way() 22' max 70% max 17' min 2S' to 37' Remaining length 29' min SO% max 29' mln 37' to 48' Remaining length 41' mln 48' and above 100% 41' min 70%/80% 1S' mln FInished grade to 2S' 70%/90% (4) 10' mln(4) Remaining length 27' min(3) 22' min(4) NE and SE 5th 70% max 1S' min(3) and NE and SE 2S' to 37' 10' min(4) 6th Avenues Remaining length 27' min SO% max 34' min 37' and above Remaining length 39' mln 70%/90% S'minl Finished grade to 2S' 10'max NW and SW 5th Remaining length 17'minl Avenues(4) 22'max 70% max 17'mln 2S' to 37' Remaining length 29' min SO% max 29' min 37' to 48' Remaining length 41' min Notes to Tables 4.4.13-1 and 4.4.13-2: (1) Lots of record with a width less than fifty feet (SO') shall be exempted from the bUilding frontage reqUIrements provided a minimum five (5) to maximum ten foot (10') setback be provided for the portion of the bUilding from finished grade to twenty-five feet (2S') in height and a minimum seventeen foot (17') setback is provided above a height of twenty-five feet (2S'). 4.4 - 58 ~ _CTION 4.4.13 (F) (3) NOTES TO TABLES 4.4.13-1 AND 4.4.13-2 (2) The applicable development regulations for arcades. Arcades shall have a minimum width of twelve feet (12'), Inclusive of columns or pilasters up to a maximum width of two feet (2'). (3) Residential occupancy on the ground floor and pnmary entrances shall be oriented towards NE and SE 5th or NE and SE 6th Avenues. (4) Mixed-use/Non-resldential occupancy on the ground floor. (5) The same development standards that apply to the front property line shall apply to the first sixty feet (60') of the building facing the side street property line. (6) Building frontage requirements for parking garages may be Increased to a maximum 100% for all floors by the Site Plan Review and Appearance Board or the Hlstonc Preservation Board subject to compliance with Section 4.6.18(B)(14)(vi)4), Parking Garages. (7) The bUilding setback requirements for portions of parking garages above twenty-five feet (25') may be waived by the Site Plan Review and Appearance Board or the Historic Preservation Board subject to compliance with Section 4.6.18(B)(14)(vi)4), Parking Garages, and a minimum five (5) to maximum ten foot (10') setback for the portion of the building from finished grade to twenty-five feet (25') in height. (8) For sites with multiple buildings, the building immediately abutting the roadway(s) shall comply with the building frontage and setbacks in Table 4.4.13-1 and 4.4.13-2. (9) Building floors shall be setback in increments of twelve feet (12') to create a vertical stepped back appearance. (10) Building and site design shall incorporate Cnme Prevention Through Environmental Design (CPTED) standards to the greatest extent possible. 4.4 - 59 ~ _CTION 4.4.13 (F) (3) FIGURE 4.4.13-6 f!. ~ ;.~ ~ ~ ~ "~!f'..!t Ii "'::;"'~ S'~;}t,;1;; 2 9~!;i S! 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Z o..~lJ...,.J Ilh"'" Figure 4.4.13-6 - Building Frontages and Setbacks for Atlantic Avenue in the West Atlantic Neighborhood or Beach Area and A-1-A in Beach Area 4.4 - 60 o !!l. i~!~~ ~'~gg ... ... 1 < ~~~h~- :#!:ilc;s<; 851~~~~'--~- . -'" t:~~ ~1~[qt;I' Gt:.,~ <!Ii~i ~~g~g z~i 2~iw~t ~iflEt:..,.~l< -H~ ~~~. il t: t: 3 ~i~ ~ ~ ~~oz; ... li!i~...,<,----_. ~~h;i ~il~15j ~~~t: :# "tiS i ~ ~ 1l;~h..... ".ll!>:i <:'::i~Q9~!I:l~g~;J ,,-~o5!z:!lW-:a ' ~jl!~i~~~~~~ U) Q) CD CO +"" c: e u.. CD c: .- "'0 :::J CD .... ~CTION 4.4.13 (F) (3) FIGURE 4.4.13-7 f!>i<.:l.~'" ~< zl.U:Uo. a':::<B:l1h ::1;$ oil= o. ~~i5~~ r- It.. t: ~ 1~-~"lJ. ~ ::l U) ~ ~ t! 0 ~ co If ..0 +"" Q) (/l CD c: "'0 :s CD ,~~y"""'l Figure 4.4.13-7 - Building Frontages and Setbacks for Atlantic Avenue in Central Core Area '-~ ~gj ~ ~~ Ii ~ III ;... ~Ij , ~ t ~ .. . l< t:~E "':t!o ~t:~ a- ~-:j t: ~ Ii: '</---- ~ 0 It ""- 1~ "$!g~ li;gl=~ -- 'h~t: nt:~~!2 m=i~ i;'Ii:!!.~t: Oo-t ;rllz~ l? ~. 2\' :!It:i ,0 [(; ",... ......~~: ........ 'Ii '" '~...~~~~!1i~i~~ l!!5~@~!zi~Ea&: oml!5li!i~:Ej;!t;... % .o.:.t:::u"...J 4!~""" 4.4 - 61 ~ 'O~ ' .i zot: ~1lI!9~~ ~lilai~g u. I!~I!~ { !S~t: jEl 3z;....<o"io'~ lI!al"'tffi "'... ... "' ,~ t: ~~~~Ii~ ~5<(t~jEJi ~ ~aalrt!i .~t:~,., ... ~ lSi~lQ~li!rt~ +-- ~~~~~ ,i~g~~~~~i ~tW~~ ~ie: 1ft: $...... <( ..~.~ l? ~ ~ ~e Ii:: :;e:u.13z:c ~1-5~~~~i~~~ ill=!l=g5~::!!W>j:~~ t-::n'omow -mIL otD:r~W,,!;~>lI-N 2: f(~u..-I <>>1~ o Q) en m .... c: e u.. en c: "0. !:). CO ~ _CTION 4.4.13 (F) (3) FIGURE 4.4.13-8 o .~ ..,.~ow...: ~2;';OIl. 2~9~~ ato5Zo g<l>ltlil- u. Ii ;? .-= ... Figure 4.4.13-8 - Building Frontages and Setbacks for Pineapple Grove Way '0;: . ~" al' t::~~ I ~it: . i~-' ~I~oi lIl:;t ~z ~i;t ::!lgt::.,g:<i:~ +-- z~~R' o .' 2::!!i!t lilSll!ta. ~t:t: ~~~ -+3t::-t::r;: !:~<~ ~ t: it.~ :E~ ~ l!.l _ ~~~ ri1~ t: ( ~l:~ t:~< l;;:eg :Ertffi ~ ... ~~~ li::o:E "".... Ii "" ....ow :;J..... ~f-515~!l!~~~oi !lJ5~fn5~?:!!:!j::iSg...: ....=O(;lIllO-<O .... g a..;Swri:~:t:Q N a..j!:IJ.....J <(Q~ 4.4 - 62 1m Ow :8 Ii< o .- t---.. ~ ::l ~ If 0' i ~ a.. 0 m ..0 - Q) en en c :.0 !:) CO {-~.. '" _CTION 4.4.13 (F) (3) FIGURE 4.4.13-9 "f~ a:~ Cl.. "~tL "'~ tL ~~ :)ti gfi!i w:)ti go:) . gfi!!i ~:)ti ~i~~,~ ~~I15~~!(l ;i'" ~t: i~~15w~!(l ~~~~!(l to: l#:atiii9g l#:l#: !:S9g 1!I!::i!iii9o 1!I!;t!~ !:S9g 0 ~iM!ia l'28~ ::i!ia o1!l!~5'" l'2g~ ,::i!i ... l'- i, al I ,Z z ~ Ii . fl:l.;2!:l f' 51 Ii !!!~hi +- ;~I!~j~~ ~~~~~~ g Sm~~~ ff t:~ ?i gm~~lll ilt:~~ ';3ii~~l!~ ~ ::z""~ {~- ...0: i!i.::I % ~~o:g<~ - a: i~~~i!E::I ~~l:i-~ ...Cl ....... ~ z~~wtiz;!O~ .0;1-0 9~i<(oo::!i e!~~~~~~~~~~ ~ a..~",..j <(tI)'" (f) Q) 0) CO ... .... ..... c e lL. 0) c= :0 ::::J CD 1; _ .'Ii J;: Ii iii ",; g .. i-' .< ll.:!x 1:i2t; It:~ "- . m;"~~ I :;3 Ii ~z1!!ll!:; ,5::1!""- ~,~ ~ ~~~~~~ +- l?U~~I~ ~,"'5~ ~Z~~~~!~ ~t:..j g~i~m~[1 ~~:i~~,r.tt %"~22-< ~~~!i~gF g .!no <<l~ ---r I:t Ii! .. ..j Q .... ~i ~,.: ti'" .... ti <:> u..l!) ~u.. ?;z...3;~tiz o~ <:... 0 0 9 <(:) <( 0'21 w5~~5!Z~!!tg~li 5al~4;ll:I~;!;~l(lii" z ~~IL-J <en- I~ ~8 to: < $! ",","-. ~ :; ~ r:c: w ~ (f) r:c: .::I!. Cl.. U CO r~'''' ..c ..... Q) C/) 0) c= -0 ::::J CD Figure 4.4.13-9 - Building Frontages and Setbacks for NElSE 5th and 6th Avenues 4.4 - 63 ~lSi!5t 2.~Q!lQ ;~~~g ... I~~l~ 8 -~ egg ~~ ~~~~ ~it: ~2 ,---.. ~,g~i ~~~t~ ;lwl~ ~ .. -'~~~~$l i~'I~ liQ~i ~ltp .. _ ;---~,---,- #El~~;{ ~~~ ~~ ~g~~2 .1!Si2 mEI ,~~~~ ....0 ....l.i.. ~ z15!!W~Z!o<;: <:1-0 9~ <( ::l ~~Fi~i~w~g~t:' ~0)2:1!~~~Slt:;~ tL.... ~<<3 (IJ <I) 0) .m 1:: e u.. en 1:: :0 '5 CD _ _CTION 4.4.13 (F) (3) FIGURE 4.4.13-10 o !5 '":~~uJt t..9!l<l at....szO ~go)~1- Ii ~ ~ ~18 II;~ Ii: ;! t---' ~ i ~ ~ U CO '" ..0 1i) (/) tn 1:: :0 :::J CO Figure 4.4.13-10 - Building Frontages and Setbacks for NW/SW 5th Avenue r t;g Ii him t:~ lei' ga ~ ;~ I ~-'" Uhi ~ "'.... .--+at-::ti ~II ~~~<N tl.. ~, u.. · i. ~ ~ ~ {------ 1!l:t:f.i l:! ... f~ ~ If ;;~ .. ;;ii ~li~' ... ~t: ~~~ Ii ",... <> l!:; z~iwjo- <l!~z :;;:",o09~~iZ~~ Ul5!;j~S~ ~g l-' 15m~ "'i~~Sl ~ % ~...-' ~~~ 4.4 - 64 g8(!)~ . Z~~(!)t:: :& 9~"tIa ~;~a!g ... II. , Ii !Si~~~~ ~9~!1l(i: 8ilii!~:Ji ~ oftlffi It .... ~~ t ~~~I~i !S~t:l!:!i=:l! i(5t;"-ft!> ;/lrr. t:ifi J&iL -' 1~ -~--... ~~~f i~~{~ ~~~~i ~ol~~~~~~ ~~~~t: ~~ ~f2ll:t~~ L' ~ 1;:1 ~~ .. ill lr -" .... ... ------r .. ~ Q u. t: ZIL !U ;~i~~ i~"lt: ....~Wt;; ,;.Iii.. ~~al59~:i:i~~j tl]~r:::~5i::!:wg~..,: 5lX)~:541~~~-liJ~ 2, n. ~ u...... ~ 11)- (/) (J) 0) .m c:: o '- u. 0) c:: ::' :J CO __CTION 4.4.13 (F) (3) FIGURE 4.4.13-11 o ~ 1-.81.Ewt "2 i' - Cl ~~9;:Sl!3 ~a:i~g u. Ii S? Q~ i"'z ~~~ t.,- , ~~ ~ lQo I' . 'liSt: ~ ~~~i- 2"tt:~iZ ci ~zi~~ O~..."':l! "'2 ~~iu.~ ::: _~u.....,......!( ~ it:-:::li ", \j i - t.:! . :iit l o~!il to:-~< t.::i t:;Sig ~t~ .... z' :it:)i ,0<: to::!: ll>1- Ii,' o u.G ...Ill. ?; l5 ~ w I- '~O z ~!:i~ d~~~~'Q (J ~ ~~~~:!E~~~~~ - n.~u.."" <tI).... Figure 4.4.13-11 - Building Frontages and Setbacks for Other Roadways 4.4 - 65 1$ ~~ ll.o Ii< S? ~ ~ :J ~ w i en 0. .:::t:. (.) a:s .J:) ..... (I)' 00 0) .5 32 :J CO {---ot '- _CTION 4.4.13 (F) (4) (4) Side Interior Setbacks for all buildings shall be as follows: [Amd. Ord 21- 04 5/4/04] (a) Zero feet (0') from the property line if there is vehicular access available to the rear of any structure, or (b) Ten feet (10') from the property line where no vehicular access is available to the rear of any structure. For a side interior lot, a ten foot (10') setback is required only on one (1) side. (5) Side Street BuildinCl Fronta~e and Setbacks [Amd. Ord. 64-04 11/16/04; [Amd. Ord. 21-04 5/4/04] (a) Side street setbacks shall be taken from the property line, or if a dedication is required, from the resulting property line after dedication. (b) Side street building frontage and setbacks shall comply with the applicable roadway requirements in Tables 4.4.13-1 and 4.4.13-2. (c) For corner lots fronting on Atlantic Avenue, Pineapple Grove Way, NE and SE 5th Avenues, NE and SE 6th Avenues, or NW and SW 5th Avenues, the same development standards that apply on Atlantic Avenue, Pineapple Grove Way, NE and SE 5th Avenue, NE and SE 6th Avenue, or NW and SW 5th Avenue, shall apply to the first sixty (60) feet, taken from the Atlantic Avenue, Pineapple Grove Warr, NE and SE 5th Avenue, NE and SE 6th Avenue, or NW and SW 5 h Avenue, property line, or if a dedication is required, from the resulting property line after dedication. SAME DEVELOPMENT STANDARDS SHALL APPLY TO THE FIRST 60 FT :i: o c:: >- c:: <( o 6 / frl " en ( '\, , , "- / "-~/ \,-~/ '--,,/ PRIMARY R.O,W. Figure 4.4.13-12 - Corner lots with Atlantic Avenue, Pineapple Grove Way, NE/SE 5th Avenue, NElSE 6th Avenue, or NW/SW 5th Avenue Frontage 4.4 - 66 .CTION 4.4.13 (F) (6) (6) Rear Setback for all building floors shall be a minimum of ten feet (10') from the property line. [Amd. Ord. 21-04 5/4/04] (7) Structures Allowed Within Setback [Amd. Ord. 21-04 5/4/04] (a) Balconies may encroach a maximum of four feet (4') into the setbacks. (b) Loggias and Trellises above the ground floor are allowed to encroach into the setbacks provided they do not exceed the required building setback of the portion of the floor directly below it. (c) Roof Eaves may encroach into the setbacks a maximum of four feet (4'). ROOF EAVES MAX. 4 FT. OPEN TRELLISES AND LOGGIAS \. 1 -' J '~< BALCONIES 4 FT MAX --^- PROPERTY LINE ~ Figure 4.4.13-13 - Encroachments 4.4 - 67 rtVtAi ~ t~e.arwater l-- _~ "', "w", o To: BIll Horne From: Michael Delk, Planmng DIrector Date: August 25,2005 RE Old Florida District The purpose of this memorandum is to provide a summary of the Old Florida District issues and the public input provided during a series of meetings in the area. It concludes wIth recommendations based on the public comments. Back2round Beach by Deslgn (BBD), the 2001 special area plan governmg development on Clearwater Beach, establIshed eIght dIstmct dIstncts withm Clearwater Beach to govern land use. The Old Florida DIstnct IS the northern boundary of the area governed by BBD. It is comprised of 36.4 acres of land and is bounded by the Gulf of Mexico on the west, Clearwater Harbor on the east, properties fronting the north side of Somerset Street on the north and Rockaway Street on the south. The property within the Old Florida District where any future development would take place IS zoned as either Medium High Density Residential or Tourist. There is currently a discrepancy between the area's zoning and land use patterns and that which was recommended for the "preferred form" development in BBD, i.e., single-family homes and townhouses with low to mId-nse bUIldings. Public Input Process To better understand issues in the Old Florida Distnct, the Planning Department began a study of the character of the entire district. Four public meetings were scheduled for citizens who were interested in sharing their vision as to how they would like to see the area developed. The meetmgs were very well attended. The first meeting had approximately 100 attendees, whIle the second had about 70 in attendance, with the last two havmg about 60 persons. During the first meeting on April 6th, the particIpants were divided into small groups, each with a facilitator. Each group was asked to identify the strengths/weaknesses and opportunities/threats to the district. Subsequently, each group's lists were displayed on the wall and participants were invited to rank those they perceived to be the most important. Page I of 4 . , The major strengths and opportunities were: Development Issues Number of Comments . EffectIve buffer/height transitIOn from core beach to smgle- family 46 . Strong current redevelopment activity 17 Quality of Life/Social . Existmg public recreational facilities 10 . Proximity and access to the beach and beach core 9 . Beautification (e.g., street trees) 6 . Affordable tourist accommodations 6 The major weaknesses and threats were: Development Issues . Inconsistency of City regulations . Excessive mass of new buildings . Administrative/policy decisions . DilapIdated buildings Number of Comments 35 34 31 10 Infrastructure/Parkmg/Traffic . Poor and insufficient utilities 13 . Poor roads, traffic congestion and insufficient parking 12 Tourism/Economy . Current pace of redevelopment is escalating property taxes 11 . Loss of tourism 7 At the second public meeting on April 20th, participants were asked to determine their vision for Old Florida based on the strengths and weaknesses identified at the previous meeting. They sketched their visions on 14 blank parcel maps of the district and identified desIred land uses, transition buffers, densities, heights and setbacks. At the end of the exercise, those attending assigned dots to the map features with which they most agreed. Suggestions for heights ranged from 35 feet to 120 feet, but thIS higher heIght received no support during the voting process. The highest ranked features from the maps developed were distilled into six maps - three containing land uses and three containing height preferences. These were discussed and ranked by the attendees at the third public meetmg on May 11 tho Three of the maps were ultimately selected, one receiving the most votes for the uses option and two depicting height options, Two maps were selected for the height options as they both received about the same number of votes. The Uses Option #2 (attached) that was selected featured mixed use along the major portion of Mandalay Avenue wIth the first floor devoted to retail/office uses wIth reSIdential above. All of the rest of the distnct not devoted to public uses or garages was shown as multI-family and overnight accommodations. This option was highly favored as it received 41 votes versus 15 Page 2 of 4 votes and zero votes for the other two options. The two options not selected both showed more of a mix of uses on particular parcels, rather than the ultImate map selected that showed these various uses collapsed into the multi-family and overnight accommodations category. The two height optIons selected were somewhat of a mirror image of each other. Option #1 (attached) received 26 votes and OptIOn #2 (attached) received 22 votes, while the third optIOn received only 8 votes. The optIOn not selected basically showed heights of 75 feet fronting the Gulf, with the remainder of the district depicting a height of 50 feet, except along the north side of Somerset Street where the height was 35 feet. OptIOn #1, except for the public uses, showed a height of 50 feet for the lots fronting the Gulf of Mexico and those on the north side of Somerset Street. The remainder of the area depicted a height of 75 feet, except for the public uses. The second option, except for the public uses, showed a height of 35 feet on the lots fronting Clearwater Harbor and the north side of Somerset Street, and a height of 50 feet between Bay Esplanade and Poinsettia Avenue. A height of 60 feet was shown in the remainder of the district The fourth meeting on June 8th presented the summary results of the first three meetings, as well as suggestions and discussions related to setbacks and heights. There were a number of divergent concerns expressed related to the future development of the district. There was generally no disagreement on uses, but on the scale and size of development. Plannim! Department Conclusions The Old Florida District study, which included sigmficant public mput, evaluated the purpose, use and character of development that should be allowed to occur in the District. Based on the information obtained and analysis conducted, the following conclUSIOns have been made: . The Old Florida District should serve as an effective transitional area between the tourist area to the south and the single-family residentIal neighborhood to the north; . A wider range of uses should be allowed withm the District; . The appearance and Impacts of development should be mItIgated to prevent the overdevelopment of parcels; . Site design performance should be enhanced while preserving flexibility in order to obtain quality redevelopment; and . Consistency and predictability of development should be brought to the District. Page 3 of 4 Planni01! Department Recommendations In order to implement the conclusions of the Old Florida District study, the Planning Department recommends the following development parameters for the Old Florida District: . Allowable uses should include overnight accommodations and attached dwellings throughout the district with mixed uses allowed along Mandalay A venue; . A maximum building height of 60 feet should be allowed withIn the majority of the District; . A maximum bmlding height of 35 feet should be Imposed for the parcels located on the north Side of Somerset Street; and . Increased site design performance should be required for projects exceeding 35 feet in height such as: - Greater bmldIng setbacks; - Building stepbacks; and - Enhanced landscapIng. The proposed uses outlined above reflect the historical development patterns in the Old Florida District and recognize that the current use limitations established in BBD are not consistent with that pattern or the current zoning within the District. The proposed height provisions will ensure that an effective height transition will occur between the more intensive tourist area of Clearwater Beach to the south and the residential neighborhood to the north. Furthermore, the proposed height is generally consistent with projects already approved in the District by the Commumty Development Board. A total of 10 projects have been approved. Of those projects, six would be consistent with the recommended height provisions. Three projects exceed 60 feet in height and one project, while less than 60 feet in height, is located on the north side of Somerset Street and exceeds the proposed limitation of 35 feet. To ensure that the character of development in Old Florida also provides a transition between the adjacent tounst and residential areas, enhanced site deSign performance should be required. Attached please find a series of drawings that Illustrate development concepts to achieve this Increased performance, These drawings show a variety of scenarios of increased building setbacks, building setbacks and landscaping along different streets within the District that have varyIng nghts-of-way Widths. It should be noted that these concepts can be Implemented and property owners can still achieve the densities allowed within the Old Florida Dlstnct. The Planning Department is requesting policy direction from the City Council on these recommendations prior to developing the revisions required to BBD, the Comprehensive Plan and Community Development Code to implement them. cc: Gary Brumback Attachments Page 4 of 4 ROYAL WAY QTY PARK PARKIlG ~ .JUANITA WAY I ~5T BAY ESPlANADE f1RE STAlION PARKING PARK ~ ! ~ ! \ BAY ESPlANADE PARl<INO REalEAlIDN CEN1tR BOAT SUPS - ~ SITE PLAN - USES OPTION #2 D MlJl.1l-FAIotILY AND OVER NIGHT ACCllIIl&OOAlIDNS ~ D PUWC I/DCED USE (1ST FLOOR RETAIL/OFFICE Vo11M RESlIlOlllAL ABCNE a: OVERNDlT ACCOlIMQOA1IDNS) ~, ' - ---.------.. "- :Ff FIRE STA110II P- PAAlC ROYAl. WAY I aTY PAAlC ~ ~ ~ Jl.WlITA WAY ~ II~ P- RECREA1IllN I:EIflat BOo\T SUPS - ~ SITE PLAN - HEIGHT OPTION #1 D~ D 1Sf)'-o' IlUll.DlIIG HElGltT II -nY-o' IIUIIJlIIIG HEIGHT - ~ D~ SITE PLAN - HEIGHT OPTION #2 D ~-4' _0 HEIGHT SI1-4' IIUI1DIHG IfEIGHT IIIIw -4' IIUI1DIHG HEIGHT POINSETTIA AVENUE Pi , +/- WEST <<J RGHT-OF-WAV LOOKING NORTH ON POINSETTIA AVE EAST ". ~ ,"",,,,,,,,J l" 4'# 6'_0" : .':t:;\;(Y\ +;- WEST u BAY ESPLANADE PI. /:IJ mGHf-<J.\VAV PI. lOOK~NG NOR~r~'1 ()N BAY ESPLANADE w c.n '<II v1' :;n ~c-:~:~ Ji/::~ -}/.. EAST rot RGHT-of-WAY MANDALAY'LOOKING NORTH MANDALAY Pl WEST EAST .--- ,/ .~ Jim and Marlene McCullough 2 I Jdlewdd Street Clearwater l)each. Florida }} 7 67 727-+i-}-}++2 E-mail: mucsrus7@aoLcom }20 Vas9uez Road r.Q.l)ox 71 Winterrark, Colorado 80+82 970-726.-+ 198 April 4, 2006 To: Distribution From: James 1:). McCullough 5ubject: F roposed Old Florida District Development Kegulations I have had the opportunit!j to review the proposed changes to the reterenced regulations and as a homeowner and potential developer in the Old Florida District would like to avoid tuture contusion over the meaning or intent ot the guidelines it adopted. M!j concerns are over apparent ambiguities in the proposed language ot F a ragra ph 4, "Flexibilit!j of 5etbacks / 5tepbacks for 1:)uildings in Excess of ~ 5 Fed in Height", to wit: r ara. 4.a( I) addresses "a maximum reduction ot five (5) feet from an!j required setback ma!j be possible if the decreased setback results in ..." (an,9 of the following): 1. "an improved site plan" I tail to see how an!j developer, who incidentall!j, determines his sale value based on square footage among other things, would fail to assert that an!} site plan submitted would not be considered as "an improved site plan" with reduced setbacks, thereb!} increasing square tootage. This will be a given with nearl!j ever!j application and does the Cit!j reall!j want to haggle with ever!j developer and their attorne!js over the merits ot the alleged "improved site plan"? I submit the minimum setbacks either be stated at the currentl!j proposed distances less tive teet, which is what ever!j developer is going to seek an!jwa!j, or delete this "f1exibilit!j" to eliminate future battles. I would submit that ten toot side and rear setbacks are necessar!j as propert!} consolidation on a large scale is unlikel!j to occur in the District due to the number ot small, individuall!j owned parcels with dittering objectives and time tables tor development, it an!j' Eliminating this "f1exibilit!j" would provide a consistent buUer of twent!j feet between structures for light, landscaping, and just plain old space. At a minimum, the ordinance should provide a provision where if an owner is granted a five foot setback on one propert!j, the adjacent propert!j owner cannot arbitraril!j be denied a similar setback variance if requested along ~ '-.:/ a contiguous propert!j line. This would onl!j be fair to the second owner, and if such a provision were not included, the first propert!j owner who obtained the five toot variance would most likel!j object to the reduced setback on an ainsutticient spacing" argument and a s!jmpathetic board ma!j sustain the objection, resulting in a denial of an equitable development opportunit!j for the second propert!j owner. 2. alandscapin~ areas in excess of the minimum re'luired" boggles the mind in tr!jing to tigure out how an increase in size of the building tootprint (b!j reducing the setback) could possibl!j create "areas in excess of the minimum required". It an!}thing, this would reduce the area available for landscaping. The onl!j p05sibilit!j I Can imagine is that the tront setback would be increased tor more landscaping to justif!j the "improved site plan" logic tor the reduced rear setback. This logic fails, however, on a couple ot points. First, tront setbacks have alread!j been established b!j the Cit!j as adequate for the desired landscaping. Therefore, an increase in tront setback cannot be used to justif!j a reduced rear setback (since it is alread!j presumabl!j adequate). 5econd, There can be no debate that the reduced rear setback has a severe negative impact on the adjacent propert!j owner that no amount ot landscaping, particularl!j less in the rear, can compensate tor and theretore justif!j the variance. In fact, there could be virtual/!j no landscaping in a reduced tive foot rear setback it the following pararaph on unobstructed access is also applied to the rear of the building. ~. aim proved desisn and appearance" is again an invitation to an argument. What developer will not argue that his building is better in <ldesign and appearance" if it is tive feet bigger all around? At a sales value of $600.00 to $900.00 per square toot, an!j building I design or submit will certainl!j have "better design and appearance" that requires an additional tive foot of setback all around. In fact, the more variances granted, the more improved in <<design and appearance" I will consider the building to be. This is an open invitation to _ developers to continue their barrage of requested exceptions that the current guidelines promote. The problems the cit!j has encountered with this process are well documented. Who in their right mind would want these hassles and their resultant buildings to continue? .F ara. +.a(2) addresses "a minimum five (5) toot unobstructed access must be provided along the entire side setback". What about rear setbacks where air conditioning compressors and the like are t!jpicall!j located? 5houldn't there be a tive toot minimum unobstructed access in the rear also? If not, wh!j not? r ara. 4.a(}) states a 5etbacks can be decreased at rate of one (I) toot in required setback per two (2) feet in additional required stepback, it desired". The obvious question here is, what setbacks? For example, can the rear setback be reduced it the front stepback is increased? I would think not, as the reduction in front stepback onl!j affects the appearance of the front of the building and therefore onl!j the front setback should be permitted to be reduced. This should not be used as an excuse to reduce the rear setback and encroach upon the adjacent propert!j owner in the back ot the building, as the!j are unrelated frontages. It the intent ot the language ;s that the increased setback must be applied to the front, the wording should start with the words "Frontsetbacks..." to eliminate this confusion. r ara.4.b(2) states II 1:)uilding stepbacks can be decreased at a rate of two (2) feet in stepback per one ~ / (I) foot in additional required setback, it desired". This should be daritied to speciticall!j state that the additional setback that grants the reduction in stepback is the {rontsetback onl!j. I can imagine a developer's attorne!j arguing that a side setback increase qualifies tor a reduction in front stepback. Again, these are unrelated frontages and this should be dearl!j stated. If there is an!j concurrence that these are valid concerns, there are similar issues in the section appl!jing to buildings less than" teet that should be anal!jzed and corrected or clarified where appropriate. If we have learned an!jthing over the past few !jears ot trenzied development here on the beach where we homestead, it should be that the rules need to be dear, that landscaping cannot be ignored, that properties need some degree of separation and design review to eliminate the "1:)rightwater Can!jon" look, and that developers will take advantage of an!j loophole in the rules to maximize their financial gain. As a part time developer, I know that the temptations can be great to stretch the project to the hilt and be!jond. Lets tr!j and eliminate some of that temptation and provide some protection for our neighbors and fewer arguments down at Cit!j Hall. Thank !jou tor taking the time to consider these suggestions [ 5incerel!j, ge:;';ctlce Distribution: Mr. Michael Delk, AICF. Director City of Clearwater Flanning Department 100 South Myrtle Avenue C1earwwater, FL '} '1756 Commissioner Kenneth T. Welch, Chairman Countywide Flanning Authority Finellas County Courthouse Clearwater, FL '1'1756 Mr. David Gildersleeve, Chairman Community Development l)oard C/O Mr. Michael Delk, AICr. Director City of Clearwater Flanning Department 100 South Myrtle Avenue C1earwwater, FL '1'1756 Mr. David Healy,AICF, E.xecutive Director Fine lias Flanning Council, Suite 580 600 Cleveland Street Clearwater, FL '1'1755 . James -B-. McCullough ~1 Idlewild Street . ";Iearwater~ Fl 331'67 -'- .'~ ~ ..""" " '; ,'- . - " .tf ~~".- -f'~-M,'\,";.., '-r'U'~r ... ST PETERSBURG FL 337 '3 T 07 APR 2006 Pf'iJi .. ".'.":~ ~I"'-'-. .,' A~~'-"_- ---. _.'.' r~..,.~. . r'r'.. ~' c,.:;.r", - . -g <<<c))) u,^ >c," 'J ~rif 2( "-. z I A,ANN1NG & oEVELOPMENT SERVICES cnvOf CLEARWATER ~:::::7~.~.+SS20 :t" ~' ~ f Jim and Marlene McCullough 21 Jdlewdd Street Clearwater l)each. Florida ~} 7 6 7 727-+i-}-}++2 E-mad: mucsrus7@aol.com }20 Vas9uez Road r.Q.l)ox71 Winter r ark, Colorado Bo+B2 970-726~19B April 4, 2006 To: Distribution From: James 1:). McCullough 5ubject: F roposed Old Florida District Development Kegulations I have had the opportunit!j to review the proposed changes to the referenced regulations and as a homeowner and potential developer in the Old Florida District would like to avoid tuture contusion over the meaning or intent ot the guidelines it adopted. M!j concerns are over apparent ambiguities in the proposed language of F a ragra ph 4, "Flexibilit!j of 5etbacks/ 5tepbacks for 1:)uildings in Excess of ~5 Feet in Height", to wit: r ara. 4.a( I) addresses "a maximum reduction ot five (5) teet from an!j required setback ma!j be possible it the decreased setback results in ..." (an,9 of the following): I. aan improved site plan" I fail to see how an!j developer, who incidentall!j, determines his sale value based on square footage among other things, would fail to assert that an!} site plan submitted would not be considered as "an improved site plan" with reduced setbacks, thereb!j increasing s9uare footage. This will be a given with nearl!j ever!j application and does the Cit!} reall!j want to haggle with ever!j developer and their attorne!js over the merits of the alleged "improved site plan"? I submit the minimum setbacks either be stated at the currentl!j proposed distances less tive teet, which is what ever!j developer is going to seek an!}wa!j, or delete this "f1exibilit!j" to eliminate tuture battles. I would submit that ten foot side and rear setbacks are necessar!j as propert!j consolidation on a large scale is unlikel!j to occur in the District due to the number ot small, individuall!j owned parcels with differing objectives and time tables for development, jf an!j' Eliminating this <<f1exibilit!j" would provide a consistent butter of twent!j feet between structures for light, landscaping, and just plain old space. At a minimum, the ordinance should provide a provision where if an owner is granted a five toot setback on one propert!j, the adjacent proPr~!j owner cannot arbitraril!j be denied a similar setback variance if requested along .. a contiguous propert!j line. This would onl!j be tair to the second owner, and if such a provision were not included, the first propert!j owner who obtained the five foot variance would most likel!j object to the reduced setback on an "insufficient spacing" argument and a s!jmpathetic board ma!j sustain the objection, resulting in a denial of an equitable development opportunit!j for the second propert!j owner. 2. alandscaping; areas in excess of the minimum required" boggles the mind in tr!jing to figure out how an increase in size of the building footprint (b!j reducing the setback) could possibl!j create "areas in excess of the minimum required". If an!jthing, this would reduce the area available for landscaping. The onl!j possibilit!j I can imagine is that the tront setback would be increased for more landscaping to justif,y the "improved site plan" logic for the reduced rear setback. This logic fails, however, on a couple ot points. First, tront setbacks have alread!j been established b!j the Cit!j as adequate for the desired landscaping. Theretore, an increase in tront setback cannot be used to justif!j a reduced rear setback (since it is alread!j presumabl!j adequate). 5econd, There can be no debate that the reduced rear setback has a severe negative impact on the adjacent propert!j owner that no amount of landscaping, particularl!j less in the rear, can compensate tor and therefore justit!j the variance. In fact, there could be virtuall,y no landscaping in a reduced tive foot rear setback if the tollowing pararaph on unobstructed access is also applied to the rear ot the building. ,. aim proved desi~n and appearance" is again an invitation to an argument. What developer will not argue that his building is better in "design and appearance" if it is five teet bigger all around? At a sales value of $600.00 to $900.00 per square toot, an!j building I design or submit will certainl!j have "better design and appearance" that requires an additional five foot of setback all around. In fact, the more variances gr~nted, the more improved in "design and appearance" I will consider the building to be. This is an open invitation to developers to continue their barrage of requested exceptions that the current guidelines promote. The problems the cit!j has encountered with this process are well documented. Who in their right mind would want these hassles and their resultant buildings to continue? r ara. +.a(2) addresses aa minimum five (5) toot unobstructed access must be provided along the entire side setback". What about rear setbacks where air conditioning compressors and the like are t!jpicall!j located? 5houldn't there be a tive toot minimum unobstructed access in the rear also? It not, wh!j not? r ara. 4.a(}) states "Setbacks can be decreased at rate ot one (I) toot in required setback per two (2) teet in additional required stepback, if desired". The obvious question here is, what setbacks? For example, can the rear setback be reduced it the front stepback is increased? I would think not, as the reduction in tront stepback onl!j affects the appearance of the front of the building and therefore onl!j the tront setback should be permitted to be ~educed. This should not be used as an excuse to reduce the rear setback and encroach upon the adjacent propert!j owner in the back of the building, as the!j are unrelated trontages. It the intent of the language is that the increased setback must be applied to the front, the wording should start with the words <<Front setbacks . . ." to eliminate this contusion. r ara.+.b(2) states. 1:)uilding stepbacks can be decreased at a rate.of two (2) teet in stepback per one (I) toot in additional required setback, if desired". This should be daritied to speciticall!j state that the additional setback that grants the reduction in stepback is the (rontsetback onl!j. I can imagine a developer's attorne!j arguing that a side setback increase qualities for a reduction in front stepback. Again, these are unrelated frontages and this should be dearl!j stated. If there is an!j concurrence that these are valid concerns, there are similar issues in the section appl!jing to buildings less than ~ 5 teet that should be anal!jzed and corrected or daritied where appropriate. It we have learned an!jthing over the past few !jears of frenzied development here on the beach where we homestead, it should be that the rules need to be dear, that landscaping cannot be ignored, that properties need some degree of separation and design review to eliminate the "I)rightwater Can!jon" look, and that developers will take advantage of an,y loophole in the rules to maximize their financial gain. As a part time developer, I know that the temptations can be great to stretch the project to the hilt and be!jond. Lets tr!j and eliminate some of that temptation and provide some protection for our neighbors and tewer arguments down at Cit!j Hall. Thank !jOU for taking the time to consider these suggestions 9:&; <~.YZ;? James I). McCullough Distribution: Mr. Michael Delk, AICf. Director Cit,y of Clearwater flanning Department 100 South M,yrtle Avenue Clearwwater, FL }}756 Commissioner Kenneth T. Welch, Chairman Count,ywide flanning Authorit,y finellas Count,y Courthouse Clearwater, FL }} 75 6 Mr. David Gddersleeve, Chairman Communit,y Development 50ard C/O Mr. Michael Delk, AICf. Director Cit,y of Clearwater f1anning Department i 00 South M,yrtle Avenue C1earwwater, fL };7,6 Mr. David Heal,y,AICf, Executive Director fine lias flanning Council, Suite 580 600 Cleveland Street Clearwater, FL ;; 75 5 ,. J,ame~ B. McCullough 21 Idlewild Street , 'ClearWater, FL 33767 "'; ~:'..... _.,.-.;F~; - rn IE @ ~ 0 WI I~ rn APR 1 1 2006 ,NE~,'Ji'~~~~:l~~jllE~ .~~ ~::;.. ...; 'ST lP:f.:T16RSBt~RG 'Ft "33.7 '3 L'J 07 APR 2tl(")6' PM Mr. Michael Delk, AICP, Director City of Clearwater Planning Department 100 South Myrtle Avenue Clearwater, FL 33756 ::::::::"??:.,:.+S?::2.;j i" lI",II,} ",1,1,1,,11 'I' i,I"I,J",I.III.! I' i", ii" "I,," .to Jarzen, Sharen From: Sent: To: Cc: Subject: Jarzen, Sharen Monday, April 03, 2006 3:55 PM Ryan Brinson (E-mail) Brown, Steven FW Beach by Design Amendments Hi Ryan, just for the record (mainly for our case file), this is to confirm our conversation that, at least at this point, you will not need the maps referenced below as they are not being forwarded with your recommendation to the PAC, etc. Let me know if you need anything else. Thanks for your help. Sharen Jarzen, AICP Planning Department City of Clearwater 727-562-4626 -----Original Message----- From: Brinson, Ryan [mailto:rbrinson@co.pinellas.fl.us] Sent: Monday, April 03, 2006 11:49 AM To: Jarzen, Sharen Subject: RE: Beach by Design Amendments Thank you it shouldn't be a problem. -----Original Message----- From: Sharen.Jarzen@myClearwater.com [mailto:Sharen.Jarzen@myClearwater.com] Sent: Monday, April 03, 2006 11:48 AM To: Brinson, Ryan Cc: Steven.Brown@myClearwater.com Subject: Beach by Design Amendments Ryan, attached is the revised staff report that is in conformance with the most recent version of the ordinance. Please note that two of the maps associated with this case have to be revised to be correct for this version of the staff report. Cky Ready, the staff person, who works with the maps has been working on a project for Michael Delk all morning that has to be done. However, as soon as he finishes that, he will change the maps and I will get them to you. It will probably be later this afternoon. Please call me if you have any problems with this. Thanks. <<BBD Amend. Staff Report to PPC Based on City Council Report.doc>> Sharen Jarzen, AICP Planning Department City of Clearwater 727-562-4626 1 ..~ Jarzen, Sharen From: Sent: To: Subject: Clayton, Gina Thursday, March 09, 2006 10 26 AM Jarzen, Sharen FW Beach by Design Amendments For the file -----Onglnal Message_un From: Dougall-Sides, Leslie Sent: Thursday, March 09, 2006 10:24 AM To: Clayton, Gina Cc: Akin, Pam Subject: RE: Beach by Design Amendments Thanks, Gina I've reviewed the title and It IS sufficient to cover the changes requested by Council muOnglnal Message-u-- From: Clayton, Gina Sent: Wednesday, March 08, 2006 2:31 PM To: Hollander, Gwen; Dougall-Sides, Leslie; Goudeau, Cyndle Cc: Dewitt, Gina; Akin, Pam; Delk, Michael; Jarzen, Sharen; Brown, Steven Subject: Beach by Design Amendments Importance: High Attached IS the revised Beach by Design ordinance for 1 st reading on March 16th. The additional language requested by Council,s highlighted in yellow If you need anything else, please let me know. <<File 3-06-06 Final BBD Ord. #7546-06.doc >> Gina L Clayton Assistant Planning Director City of Clearwater gl na. c layton@myclearwater.com 727-562-4587 1 Jarzen. Sharen From: Sent: To: Cc: Subject: Clayton, Gina Wednesday, March 08, 20062:31 PM Hollander, Gwen, Dougall-Sides, Leslie; Goudeau, Cyndie Dewitt, Gina, Akin, Pam, Delk, Michael; Jarzen, Sharen; Brown, Steven Beach by Design Amendments Importance: High Attached IS the revised Beach by Design ordinance for 1st reading on March 16th. The additional language requested by Council is highlighted in yellow If you need anything else, please let me know. ~ U 3-06-06 Final BBD Ord. #7546-0... Gina L. Clayton ASSistant Planning Director City of Clearwater g Ina.c layton@myclearwater.com 727-562-4587 1 ORDINANCE NO. 7546-06 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA MAKING AMENDMENTS TO BEACH BY DESIGN: A PRELIMINARY DESIGN FOR CLEARWATER BEACH AND DESIGN GUIDELINES; BY AMENDING SECTION II. FUTURE LAND USE, SUBSECTION A. THE "OLD FLORIDA" DISTRICT BY REVISING THE USES, BUILDING HEIGHTS, STEPBACKS, SETBACKS, LANDSCAPING AND PARKING ACCESS ALLOWED IN THE DISTRICT; BY AMENDING SECTION II. FUTUR~ LAND USE, SUBSECTION C. MARINA RESIDENTIAL DISTRICT BY DELETING THE REFERENCE TO A L1VE/WORK PRODUCT; BY AMENDING SECTIONS V.B AND VILA BY CLARIFYING TRANSFER OF DEVELOPMENT RIGHT PROVISIONS; BY INCREASING ALLOWABLE RESORT/ OVERNIGHT ACCOMMODATIONS DENSITY FROM 40 TO 50 UNITS PER ACRE; 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 WHEREAS, the public infrastructure and private improvements of Clearwater Beach are a critical part contributing to the economic vitality of the Beach; and WHEREAS, substantial improvements and upgrades to both the public infrastructure and private improvements are necessary to improve the tourist appeal and citizen enjoyment of the Beach; and WHEREAS, the City of Clearwater has invested significant time and resources in studying the Old Florida District of Clearwater Beach; and WHEREAS, Beach by Design, the special area plan governing Clearwater Beach, contains specific development standards and design guidelines for areas of Clearwater Beach that need to be improved and/or redeveloped; and WHEREAS, Beach by Design was not clear with regard to the "preferred uses" and was not reflective of the existing uses . located in the Old Florida District of Clearwater Beach, and . WHEREAS, Beach by Design limited overnight accommodations greater than the Comprehensive Plan and the City of Clearwater desires to incentivize new overnight accommodation development; and WHEREAS, Transfer of Development Rights (TDR) need further clarification in Beach by Design; and Ordinance No. 7546-06 1 WHEREAS, the City of Clearwater has the authority pursuant to Rules Governing the Administration of the Countywide Future Land Use Plan, as amended, Section 2.3.3.8.4, to adopt and enforce a specific plan for redevelopment in accordance with the Community Redevelopment District plan category, and said Section requires that a special area plan therefore be approved by the local government; and WHEREAS, the proposed amendment to Beach by Design has been submitted to the Community Development Board acting as the Local Planning Authority (LPA) for the City of Clearwater; and \;':- 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 on December 13, 2001, now therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. Beach by Design: A Preliminary Design for Clearwater Beach and Design Guidelines, Section II. Future Land Use, Subsection A. The "Old Florida" District, is amended as follows: A. The "Old Florida" District The Old Florida District, which is the area between ACJci3 the rear lot lines of property on the north side of Somerset Street and Rockaway Street, is an area of transition between resort uses in Central Beach to the low intensity residential neighborhoods to the north of Acacia Street. Existing uses 3re generally the S3me 3S the b31Jnce of the Be3ch. HO'Never, the sC31e and intensity of the areJ, '1.'ith rel3tively f-ew exceptions, is subst3nti311y less than comp3r3ble 3re3S to the south. The mix of uses primarily includes residential, recreational, overniqht accommodations and institutional uses. Given the area's location and historical development patterns. this area should continue to be a transitional District. To that end, Beach by Desiqn supports the development of new overniqht accommodations and attached dwellinqs throuqhout the District with limited retail/commercial and mixed use development frontinq Mandalay Avenue between Bay Esplanade and Somerset Street. ~Cfcfftjorl'mlvlWaleliit)nt res'fa<~(r:ant~are en<2ourafje"E1;i:to remallaJa^ri~/oi:.T0ca(ekornr~.tfI:ontinq<lffue~rGdlltof:qMexico~~I~.ea~.by '[~esfQr:f also supports the continued use and expansion of the various institutional and public uses found throuqhout the District. To ensure that the scale and character of development in Old Florida provides the desired transition between the adiacent tourist and residential areas, enhanced site desiqn performance is a priority. Beach by Desiqn contemplates qreater setbacks and/or buildinq stepbacks and enhanced landscapinq for buildinqs exceedinq 35 feet in Ordinance No. 7546-06 2 heiqht. The followinq requirements shall apply to development in the Old Florida District and shall supersede any conflictinq statements in Section VII. Desiqn Guidelines and the Community Development Code: 1. Maximum Buildinq Heiqhts. a. Buildinqs located on the north side of Somerset Street shall be permitted a maximum buildinq heiqht of 35 feet; b. Buildinqs located on the south side of Somerset Street and within 60 feet of the southerly riqht-of-way line of Somerset Street shall be permitted a maximum buildinq heiqht of 50 feet; and c. Property throuqhout the remainder of the Old Florida District shall be permitted a maximum buildinq heiqht of 65 feet. d. PropeftJes 'ie:itarfvmp~j'[0l:e:C1ian<:fZ0r::C'8nstHmiEi~asf€3f ti1e: dateI0f ciCftDpti6ri of th is'~B[d inanceIWtlf€Alex~^etjifbe'faliowaolelfuefmhtsiestablisn\ed:~rr;u.the proVislQQS 'a t:>0~"fsh~lr1De>trC<frl'siCl:er:ea. 'leqaliW: cooform irf~:u n!eswollff'At'8 rily, re'develop<<'ed{@r;;if{.the case.:tlf a :development~cirder drnj~.' .~pir~rtidrl~f fffiE1 "!-Z:::'%fi"""~ 0,,", "f, < .. 0'ftw-o/_ < \ 'N\< d-""'- d",*, v'; ; , ~ "'''trl'> <{.tt '1 \'lalid~deveI6p'mEmt order., A developmerit<ierdepma" be1'exfendea pi:lrsu8'T;t to~~€ahimunitV'beveI0~hlenf,€ode':Sedicf~04-Lf(j7~; 2. Minimum Required Setbacks. a. A 15 foot front setback shall be required for all properties throuqhout the District. except for properties frontinq on Mandalay Avenue. which may have a zero (0) foot front setback for 80% of the property line; and b. A ten (10) foot side and rear setback shall be required for all properties throuqhout the District. except for properties frontinq on Mandalay Avenue. which may have a zero (0) foot side setback and a ten (10) foot rear setback. 3. Required Buildinq Stepbacks or Alternative Increased Setbacks for Buildinqs Exceedinq 35 Feet in Heiqht. a. Buildinq stepback means a horizontal shiftinq of the buildinq massinq towards the center of the buildinq. b. Any development exceedinq 35 feet in heiqht shall be required to incorporate a buildinq stepback on at least one side of the buildinq (at a point of 35 feet) or; an increased setback on at least one side of the buildinq in compliance with the ratios provided in Section A.3.f. Additional Ordinance No. 7546-06 3 stepbacks and/or setbacks may be required to provide additional separation between buildinqs and/or to enhance view corridors. c. All properties (except those frontinq on Mandalay Avenue) which front on a riqht-of-way that runs east and west, shall provide a buildinq stepback on the front side of the buildinq. or an increased front setback in compliance with the ratios provided in Section A.3.f. Additional stepbacks and/or setbacks may be required to provide additional separation between buildinqs andrnr to enhance view corridors. d. All properties (except for properties frontinq on Mandalay Avenue) which front on a riqht-of-way that runs north and south. shall provide a buildinq stepback on the side of the buildinq or an increased side setback in compliance with the ratios provided in Section A.3.f. Additional stepbacks and/or setbacks may be required to provide additional separation between buildinqs and/or to enhance view corridors. e. Properties frontinq on Mandalay Avenue must provide a buildinq stepback on the front side of the buildinq or an increased front setbac~ in compliance with the ratios provided in Section A.3.f. Additional stepbacks and/or setbacks may be required to provide additional separation between buildinqs and/or to enhance view corridors. f. Step back/Setback Ratios (1) For properties frontinq on streets that have a riqht-of-way width less than 46 feet. the stepback/setback/heiqht ratio is one (1) foot for every two (2) feet in buildinq heiqht above 35 feet; (2) For properties frontinq on streets that have a riqht-of-way width between 46 and 66 feet, the stepback or setback/heiqht ratio is one (1) foot for every two and one-half (2.5) feet in buildinq heiqht above 35 feet; and (3) For properties frontinq on streets that have a riqht-of-way width of qreater than 66 feet. the step back or setback/heiqht ratio is one (1) foot for every three (3) feet in buildinq heiqht above 35 feet. 4. Flexibility of Setbacks/Stepbacks for Buildinqs in Excess of 35 Feet in Heiqht. a. Setbacks (1) Except for properties frontinq on Mandalay Avenue. a maximum reduction of five (5) feet from any required setback may be possible if the decreased setback results in an improved site plan. landscapinq areas in excess of the minimum required and/or improved desiqn and appearance; and Ordinance No. 7546-06 4 (2) To ensure that unimpaired access to mechanical features of a buildinq is maintained. a minimum five (5) foot unobstructed access must be provided alonq the entire side setback of properties, except those for those properties frontinq on Mandalay Avenue where a zero (0) foot setback is permissible; and (3) Setbacks can be decreased at a rate of one (1) foot in required setback per two (2) feet in additional required stepback. if desired. b. Stepbacks (1) A maximum reduction of five (5) feet from any required buildinq stepback may be possible if the decreased buildinq stepback results in an improved site plan. landscapinq areas in excess of the minimum required and/or improved desiqn and appearance. (2) Buildinq stepbacks can be decreased at a rate of two (2) feet in stepback per one (1) foot in additional required setback. if desired. 5. Flexibility of Setbacks for Buildinqs 35 Feet and Below in Heiqht. a. A maximum reduction of ten (10) feet from any required front @r!1rEir setback and a maximum reduction of five (5) feet from any side setback may be possible if the decreased setback results in an improved site plan, landscapinq areas in excess of the minimum required and/or improved desiqn and appearance; and ,^, ,'<' ",<"\^<N < '{r~ vr"'>v. O""i&~-m:'fW%f#~''''''''- .....""oJ.w<<"",,""Ml'''> ' ''''~~,. <W~WF' <%;:i" ~,"".....<<<,:w,.q, O<<.,.~'" AN,. -"'.1: Wf!:>l b.',: 'A;, maxirririnll0reductior:l',,,ofMi " ti feef'frem an '!"(e 'Eliredf~reaFf!setl5atk' fon buildinQs~i:lncea r'naiiInw4iTr'~\ lifCio/iof tenNt~1OJ)Jeet fitem'\:8i1ly '~<:1LiiteG;}eal1 setback' '~for<i;: acce'ss0rW:~,8'tiq[8'(;jem:;struCtmes~may' :oe "'t~ossrole',~if ttie cj ecreaseCif s'etback~f:esOifs0ih0'arl~linproved~slte,' p(~h. "Ii:rhd~apT[1q'''a{e'as/fiiil ~x~~s~; of the mir;llmlrrm;:tlfcrctrred>cand/orHirrll'DrQvedi;desi~h ~tid:~"pp~~rarf€e~ alil€f c. In all cases. a minimum five (5) foot unobstructed access must be provided alonq the side setback of properties. except for those properties frontinq Mandalay Avenue where a zero (0) foot setback is permissible. 6. Landscape Buffers a. A ten (10) foot landscape buffer is required alonq the street frontaqe of all properties. except for that portion of a property fronting on Mandalay Avenue~;~,and"e~~t5fl:fd~~€rtIeg;~S"feef:t;an{ffiJ)~'lowjln 'l1elg'ml fl1l;at m~ ,,:;;:'"0'*"" ~~'>l?"\-::t:'fu)::'N-< < 4UYt#>-.". ,-', v .' h {t ~Z> '- 'i"~\ '<." '''f3/Jk,(> ),;6Wv'. iftir ''';$'">'-> ::"iW' '<;#,?' < fi?'Y <~4r~"'" > oe,,:qrantea fleXibility Inthe~ required settfacK<:" In wnlch;.{case tt;re,~ePlbre setl:>~ck sf5alj~b~ landscaped;' and Ordinance No. 7546-06 5 b. For that portion of a property frontinq on Mandalay Avenue. a zero (0) foot setback may be permissible for 80% of the property frontaqe. The remaininq 20% property frontaqe is required to have a landscaped area for a minimum of five (5) feet in depth. The 20% may be located in several different locations on the property frontaqe. rather than placed in only one location on the property frontaqe. 7. ParkinqNehicular Access Lack of parkinq in the Old Florida District may hinder revitalization efforts. A shared parkinq strateqy may be pursued in order to assist in redevelopment efforts. For those properties frontinq on Mandalay Avenue. off-street parkinq access is required from a side street or alley and not from Mandalay Avenue. Tho mix of uses in tho District favors residontial more than othor parts of Clear\vater Beach and rotail usos are primarilv neiqhborhood servinq uses. Given tho area's location and oxistinq conditions. Beach bv Desiqn contemplates the ronovation and revitalization of oxistinq improvoments with limited now construction where renovation is not practical. New sinqlo f3mil" d\vellinqs and townhouses arc tho preferrod form of dovelopmont. Donsities in the aroa should bo qenerallv limitod to tho densitv of oxistinq improvomonts and buildinq heiqht should be low to mid riso in accordanco with the Communit" Dovolopmont Codo. Lack of parkinq in this aroa may hinder revitalization of oxistinq improvomonts particularl'! on Ba\' Esplanado. l\ shared parkinq stratoqv should be pursued in order to assist revitalizations offorts. *********** Section 2. Beach by Design: A Preliminary Design for Clearwater Beach and Design Guidelines, Section II. Future Land Use, Subsection C. "Marina Residential" District, is amended as follows: ****** In the event that lot consolidation under one owner does not occur, Beach by Design contemplates the City working with the District property owners to issue a request for proposal to redevelop the District in the consolidated manner identified above. If this approach does not generate the desired consolidation and_ redevelopment, Beach by Design calls for the City to initiate a City Marina DRI in order to facilitate development of a marina based neighborhood subject to property owner support. If lot consolidation does not occur within the District, the maximum permitted height of development east of East Shore will be restricted to two (2) stories above parking and between Poinsettia and East Shore could extend to four Ordinance No. 7546-06 6 (4) stories above parking. An additional story could be gained in this area if the property 'Nas developed as a live/work product. * * * * * * Section 3. Beach by Design: A Preliminary Design for Clearwater Beach and Design Guidelines, Section V. Catalytic Projects, Subsection B. Community Redevelopment District Designation, is amended as follows: * * * * * * Beach by Design recommends that the Comprehensive Plan of the City of Clearwater be amended to designate central Clearwater Beach (from the rear lot lines of property on the north side of Somerset ,^.cacia Street to the Sand Key Bridge, excluding Devon Avenue and Bayside Drive) as a Community Redevelopment District and that this Chapter of Beach by Design be incorporated into the Comprehensive Plan and submitted for approval to the Pinellas County Planning Council (PPC) and the Pinellas County Commissioners sitting as the Countywide Planning Authority. In addition, Beach by Design recommends that the use of Transfer of Development Riqhts {TORs} under the provisions of the Desiqn Guidelines contained in Section VIII of this Plan and the City's land development regulations be encouraged within the Community Redevelopment District to achieve the objectives of Beach by Design and the PPC Designation. Section 4. Beach by Design: A Preliminary Design for Clearwater Beach and Design Guidelines, Section VII. Design Guidelines, Subsection A. Density, is amended as follows: A. Density The gross density of residential development shall not exceed 30 dwelling units per acre, unless additional density is transferred from other locations on Clear\vater Beach. Ordinarily, resort density '....ill be limited to 10 units per acre. However, additional density c~m be added to a resort either by transf-orred development rights or if by 'Nay of the provisions of the community redevelopment district (CRD) designation. Nonresidential density is limited by Pinellas County Planning Council intensity standards. The maximum permitted density of residential development shall be 30 dwellinq units per acre. Throuqh the use of transfer of development riqhts (TORs) from other property located within the Clearwater Beach Community Redevelopment District. the maximum permitted density for residential development may be increased by not more than 20 percent. Historically the maximum permitted density for overniqht 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 Desiqn shall be 50 units per Ordinance No. 7546-06 7 acre.* It also allows this maximum density of 50 units per acre to be exceeded throuqh the use of TDRs from other properties located within the Clearwater Beach Community Redevelopment District in compliance with the followinQ provisions: 1. The amount of TDRs used for resorts/overniqht accommodation proiects shall not be limited provided such proiects can demonstrate compliance with the provisions of this Plan. the Community Development Code and concurrency requirements. 2. Any TDRs qained from the additional 10 overniqht accommodation units per acre authorized by this section of Beach by Desiqn shall only be used for overniQht accommodation uses. The conversion of such density to another use is prohibited. Beach by Desiqn also supports the allocation of additional density for resort development throuqh the density pool established in Section V.B. of this Plan. The maximum permitted floor area ratio for nonresidential development is limited to 1.0 pursuant to the Pinellas County PlanninQ Council intensity standards. * When Beach by Desian was oriainally adopted. the allowable density for resorts/overniaht accommodations was 40 units per acre. That density was increased to 50 units per acre throuah Ordinance No. 7546-06. References to 40 units per acre are still evident in Section V.B. Community Redevelopment District Desianation and have not been chanaed because that was the density in place when the orioinal analysis was conducted. Section 5. Beach by Design, as amended, contains specific development standards and design guidelines for areas of Clearwater Beach that are in addition to and supplement the Community Development Code; and Section 6. The City Manager or designee shall forward said plan to any agency required by law or rule to review or approve same; and Section 7. 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 8. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Frank V. Hibbard Ordinance No. 7546-06 8 Mayor Approved as to form: Attest: Leslie Dougall-Sides Assistant City Attorney Cynthia E. Goudeau City Clerk Ordinance No. 7546-06 9 ~ .. ~, Clayton, Gina From: Sent: To: Subject: Delk, Michael Friday, March 03, 2006 3:07 PM Dougall-Sides, Leslie, Clayton, Gina; Akin, Pam RE' 03/02/2006 Council meeting Follow-up - Old Florida Agreed That IS certainly the Intent "Properties legally approved and/or constructed as of the date of adoption of this ordinance which exceed the allowable heights as hereby established, shall be conSidered legally conforming with regard to height unless voluntanly redeveloped or in the case of a development order only, expiration of the valid development order A development order may be extended pursuant to Section 4-407 " -----anginal Messagem-- From: Dougall-Sides, Leslie Sent: Fnday, March 03, 20062:59 PM To: Delk, Michael; Clayton, Gina; Akin, Pam Subject: RE: 03/02/2006 Council meeting Follow-up - Old Flonda Suggest that only the helqht of the properties [not other possibly nonconforming attnbutes] be deemed "legally nonconforming" and subject to the provisions contained in Sec. 6-102 [0 k. unless discontinued/abandoned or destroyed/damaged] or unless redeveloped/valid D O. or extension eXPires. -----anginal Message----- From: Delk, Michael Sent: FndaYr March 03, 2006 2:07 PM To: Clayton, Gina; Dougall-Sides, Leslie; Akin, Pam Subject: RE: 03/02/2006 CounCil meeting Follow-up - Old Flonda I think Gina has the restaurant language worked out. I suggest the follOWing for vesting matter "Properties legally approved and/or constructed as of the date of adoption of thiS ordinance which exceed the allowable heights as hereby established, shall be conSidered legally conforming unless voluntanly redeveloped or In the case of a development order only, eXpiration of the valid development order A development order may be extended pursuant to Section 4-407 " -----Onglnal Messagem-- From: Dewitt, Gina Sent: Fnday, March 03, 2006 10:53 AM To: Clayton, Gina; Goudeau, Cyndle; Delk, Michael; Akin, Pam Cc: Vaughan, Karen; Diana, Sue; Hollander, Gwen Subject: RE: 03/02/2006 CounCil meeting FOllow-up - Old Flonda I have a question to add: We were not able to pull the second reading ad that will run in the Times tomorrow. If the ordinance is continued to a date certain (I assume it would go for second reading on 4/3), do we need to run a new second reading ad? I seem to recall that we don't have to as long as it's continued to a date certain. Thanksl -----anginal Message-m- From: Clayton, Gina Sent: Fnday, March 03, 2006 10:49 AM To: Goudeau, Cyndle, Delk, Michael; Akin, Pam Cc: Vaughan, Karen; Dlanar Sue; DeWitt, Gina 1 .. ! .. Subject: RE: 0_, JL/2006 CounCil meeting FollOW-Up - Old Flonda I think we can address the vesting provIsion in the eXisting height section and restaurant in the allowable uses within the current title. We will provide a new revised ordinance. I was not planning a new agenda item. If you want a new cover memo it would only address the revisions the council requested ( I would prefer to just provide the revised ordinance). -----Onglnal Messagenm From: Goudeau, Cyndle Sent: Fnday, March 03, 2006 10:40 AM To: Clayton, Gina; Delk, Michael; Akin, Pam Cc: Vaughan, Karen; Diana, Sue; Dewitt, Gina Subject: 03/02/2006 Council meeting Follow-up - Old Flonda Gina/Mike - will you be creating a new agenda item to bring this back to Council on 3/16? I know we should be expecting at the least a revision of the ordinance. Pam - do we need to worry about the changes being made to the Ordinance also changing the title and therefore requiring re-advertising? C'Y1/({ie 2 ~, ' Jarzen, Sharen From: Sent: To: Cc: Subject: Jarzen, Sharen Wednesday, March 01, 2006 9:15 AM Ryan Brinson (E-mail) Brown, Steven Beach by Design (BBD) Amendment Ryan, attached are the ordinance and staff report for distribution for the BBD amendment. Please note that the ordinance is draft. The City Council will be acting on it tomorrow, and there may possibly be changes. I will send you the maps for the staff report in a few minutes in a separate e-mail. Let me know if you need anything else. Thanks. ~ EJ ~ CJ PPC 3-3-06 BBD PPC 3-3-06 BBD Ord. #7546-06.... Staff Report.do... Sharen J arzen, AICP Planning Department City of Clearwater 727-562-4626 1 ORDINANCE NO. 7546-06 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA MAKING AMENDMENTS TO BEACH BY DESIGN: A PRELIMINARY DESIGN FOR CLEARWATER BEACH AND DESIGN GUIDELINES; BY AMENDING SECTION II. FUTURE LAND USE, SUBSECTION A. THE "OLD FLORIDA" DISTRICT BY REVISING THE USES, BUILDING HEIGHTS, STEPBACKS, SETBACKS, LANDSCAPING AND PARKING ACCESS ALLOWED IN THE DISTRICT; BY AMENDING SECTION II. FUTURE LAND USE, SUBSECTION C. MARINA RESIDENTIAL DISTRICT BY DELETING THE REFERENCE TO A L1VE/WORK PRODUCT; BY AMENDING SECTIONS V.B AND VILA BY CLARIFYING TRANSFER OF DEVELOPMENT RIGHT PROVISIONS; BY INCREASING ALLOWABLE RESORT! OVERNIGHT ACCOMMODATIONS DENSITY FROM 40 TO 50 UNITS PER ACRE; 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 WHEREAS, the public infrastructure and private improvements of Clearwater Beach are a critical part contributing to the economic vitality of the Beach; and WHEREAS, substantial improvements and upgrades to both the public infrastructure and private improvements are necessary to improve the tourist appeal and citizen enjoyment of the Beach; and WHEREAS, the City of Clearwater has invested significant time and resources in studying the Old Florida District of Clearwater Beach; and WHEREAS, Beach by Design, the special area plan governing Clearwater Beach, contains specific development standards and design guidelines for areas of Clearwater Beach that need to be improved and/or redeveloped; and WHEREAS, Beach by Design was not clear with regard to the "preferred uses" and was not reflective of the existing uses located in the Old Florida District of Clearwater Beach, and WHEREAS, Beach by Design limited overnight accommodations greater than the Comprehensive Plan and the City of Clearwater desires to incentivize new overnight accommodation development; and WHEREAS, Transfer of Development Rights (TDR) need further clarification in Beach by Design; and Ordinance No. 7546-06 1 WHEREAS, the City of Clearwater has the authority pursuant to Rules Governing the Administration of the Countywide Future Land Use Plan, as amended, Section 2.3.3.8.4, to adopt and enforce a specific plan for redevelopment in accordance with the Community Redevelopment District plan category, and said Section requires that a special area plan therefore be approved by the local government; and WHEREAS, the proposed amendment to Beach by Design has been submitted to the Community Development Board acting as the Local Planning Authority (LPA) for the City of Clearwater; and 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 on December 13, 2001, now therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. Beach by Design: A Preliminary Design for Clearwater Beach and Design Guidelines, Section II. Future Land Use, Subsection A. The "Old Florida" District, is amended as follows: A. The "Old Florida" District The Old Florida District. which is the area between Acacia the rear lot lines of property on the north side of Somerset Street and Rockaway Street. is an area of transition between resort uses in Central Beach to the low intensity residential neighborhoods to the north of Acacia Street. Existing usos are generally the same as tho balance of tho Beach. HO'J'.'ever, the scale and intensity of tho area, 'tJith relatively few exceptions, is substantially less than comparable areas to the south. The mix of uses primarily includes residential, recreational, overniqht accommodations and institutional uses. Given the area's location and historical development patterns. this area should continue to be a transitional district. To that end, Beach bv Desiqn supports the development of new overniqht accommodations and attached dwellinqs throuqhout the District with limited retail/commercial and mixed use development frontinq Mandalay Avenue between Bay Esplanade and Somerset Street. It also supports the continued use and expansion of the various institutional and public uses found throuqhout the District. To ensure that the scale and character of development in Old Florida provides the desired transition between the adiacent tourist and residential areas. enhanced site desiqn performance is a priority. Beach by Desiqn contemplates qreater setbacks and/or buildinq stepbacks and enhanced landscapinq for buildinqs exceedinq 35 feet in heiqht. The followinq requirements shall apply to development in the Old Florida District Ordinance No. 7546-06 2 and shall supersede any conflictinq statements in Section VII. Desiqn Guidelines and the Community Development Code: 1. Maximum Buildinq Heiqhts. a. Buildinqs located on the north side of Somerset Street shall be permitted a maximum buildinq heiqht of 35 feet; b. Buildinqs located on the south side of Somerset Street and within 60 feet of the southerly riqht-of-way line of Somerset Street shall be permitted a maximum buildinq heiqht of 50 feet; and c. Property throuqhout the remainder of the Old Florida District shall be permitted a maximum buildinq heiqht of 65 feet. 2. Minimum Required Setbacks. a. A 15 foot front setback shall be required for all properties throuqhout the district. except for properties frontinq on Mandalay Avenue, which may have a zero (0) foot front setback for 80% of the property line; and b. A ten (10) foot side and rear setback shall be required for all properties throuqhout the district. except for properties frontinq on Mandalay Avenue, which may have a zero (0) foot side setback and a ten (10) foot rear setback. 3. Required Buildinq Stepbacks or Alternative Increased Setbacks for Buildinqs Exceedinq 35 Feet in Heiqht. a. Buildinq stepback means a horizontal shiftinq of the buildinq massinq towards the center of the buildinq. b. Any development exceedinq 35 feet in heiqht shall be required to incorporate a buildinq stepback on at least one side of the buildinq (at a point of 35 feet) or an increased setback on at least one side of the buildinq in compliance with the ratios provided in Section A.3.f. Additional stepbacks and/or setbacks may be required to provide additional separation between buildinqs and/or to enhance view corridors. c. All properties (except those frontinq on Mandalay Avenue) which front on a riqht-of-way that runs east and west. shall provide a buildinq stepback on the front side of the buildinq, or an increased front setback in compliance with the ratios provided in Section A.3.f. Additional step backs and/or setbacks may be required to provide additional separation between buildinqs and/or to enhance view corridors. Ordinance No. 7546-06 3 d. All properties (except for properties frontino on Mandalay Avenue) which front on a rioht-of-way that runs north and south. shall provide a buildino stepback on the side of the buildino or an increased side setback in compliance with the ratios provided in Section A.3.f. Additional stepbacks and/or setbacks may be required to provide additional separation between buildings and/or to enhance view corridors. e. Properties frontino on Mandalay Avenue must provide a buildino stepback on the front side of the building or an increased front setback in compliance with the ratios provided in Section A.3.f. Additional stepbacks and/or setbacks may be required to provide additional separation between buildings and/or to enhance view corridors. f. Stepback/Setback Ratios (1) For properties frontino on streets that have a rioht-of-way width less than 46 feet. the stepback/setback/heioht ratio is one (1) foot for every two (2) feet in buildino height above 35 feet: (2) For properties frontino on streets that have a right-of-way width between 46 and 66 feet. the stepback or setback/heioht ratio is one (1) foot for every two and one-half (2.5) feet in building height above 35 feet: and (3) For properties fronting on streets that have a right-of-way width of greater than 66 feet. the stepback or setback/height ratio is one (1) foot for every three (3) feet in building height above 35 feet. 4. Flexibility of Setbacks/Stepbacks for Buildinos in Excess of 35 Feet in Heioht. a. Setbacks \ (1) Except for properties frontino on Mandalay Avenue. a maximum reduction of five (5) feet from any required setback may be possible if the decreased setback results in an improved site plan. landscaping areas in excess of the minimum required and/or improved desion and appearance; and (2) To ensure that unimpaired access to mechanical features of a buildino is maintained. a minimum five (5) foot unobstructed access must be provided alono the entire side setback of properties. except those for those properties frontino on Mandalay Avenue where a zero (0) foot setback is permissible; and (3) Setbacks can be decreased at a rate of one (1) foot in required setback per two (2) feet in additional required stepback. if desired. Ordinance No. 7546-06 4 b. Stepbacks (1) A maximum reduction of five (5) feet from any required buildinq stepback may be possible if the decreased buildinq stepback results in an improved site plan, landscapinq areas in excess of the minimum required and/or improved desiqn and appearance. (2) Buildinq stepbacks can be decreased at a rate of two (2) feet in stepback per one (1) foot in additional required setback, if desired. 5. Flexibility of Setbacks for Buildinqs 35 Feet and Below in Heiqht. a. A maximum reduction of ten (10) feet from any required front or rear setback and a maximum reduction of five (5) feet from any side setback may be possible if the decreased setback results in an improved site plan, landscapinq areas in excess of the minimum required and/or improved desiqn and appearance; and b. In all cases. a minimum five (5) foot unobstructed access must be provided alonq the side setback of properties, except for those properties frontinq Mandalay Avenue where a zero (0) foot setback is permissible. 6. Landscape Buffers a. A ten (10) foot landscape buffer is required alonq the street frontaqe of all properties. except for that portion of a property frontinq on Mandalay Avenue; and b. For that portion of a property frontinq on Mandalay Avenue, a zero (0) foot setback may be permissible for 80% of the property frontaqe. The remaininq 20% property frontaqe is required to have a landscaped area for a minimum of five (5) feet in depth. The 20% may be located in several different locations on the property frontaqe, rather than placed in only one location on the property frontaqe. 7. ParkinqNehicular Access Lack of parkinq in the Old Florida District may hinder revitalization efforts. A shared parkinq strateqy may be pursued in order to assist in redevelopment efforts. For those properties frontinq on Mandalay Avenue, off-street parkinq access is required from a side street or alley and not from Mandalay Avenue. The mix of uses in the District favors residential morc than other parts of Clearwater Beach and retail uses arc primarily neiqhborhood servin!:! uses. Given the area's Ordinance No. 7546-06 5 location and existinq conditions. Beach by Desiqn contemplates the renovation and revitalization of existinq improvements with limited new construction where renovation is not practical. New sinqle familv dwellinqs and to'.vnhouses are the preferred form of development. Densities in the area should be qenerallvlimited to the density of existinq improvements and buildinq heiqht should be low to mid rise in accordance 'Nith the Community Development Code. Lack of parkinq in this area may hinder revitalization of existinq improvements particularlv on Bay Esplanade. ^ shared parkinq strateqv should be pursued in order to assist revitalizations efforts. *********** Section 2. Beach by Design: A Preliminary Design for Clearwater Beach and Design Guidelines, Section II. Future Land Use, Subsection C. "Marina Residential" District, is amended as follows: ****** In the event that lot consolidation under one owner does not occur, Beach by Design contemplates the City working with the District property owners to issue a request for proposal to redevelop the District in the consolidated manner identified above. If this approach does not generate the desired consolidation and redevelopment, Beach by Design calls for the City to initiate a City Marina DRI in order to facilitate development of a marina based neighborhood subject to property owner support. If lot consolidation does not occur within the District, the maximum permitted height of development east of East Shore will be restricted to two (2) stories above parking and between Poinsettia and East Shore could extend to four (4) stories above parking. An additional story could be gained in this area if the property was developed as a live/'Nork product. ****** Section 3. Beach by Design: A Preliminary Design for Clearwater Beach and Design Guidelines, Section V. Catalytic Projects, Subsection B. Community Redevelopment District Designation, is amended as follows: ****** Beach by Design recommends that the Comprehensive Plan of the City of Clearwater be amended to designate central Clearwater Beach (from the rear lot lines of property on the north side of Somerset Acacia Street to the Sand Key Bridge, excluding Devon Avenue and Bayside Drive) as a Community Redevelopment District and that this Chapter of Beach by Design be incorporated into the Comprehensive Plan and submitted for approval to the Pinellas County Planning Council (PPC) and the Pine lias County Commissioners sitting as the Countywide Planning Authority. In addition, Beach by Design recommends that the use of Transfer of Development Riqhts {TDRs} under the provisions of the Desiqn Ordinance No. 7546-06 6 Guidelines contained in Section VIII of this Plan and the City's land development regulations be encouraged within the Community Redevelopment District to achieve the objectives of Beach by Design and the PPC Designation. Section 4. Beach by Design: A Preliminary Design for Clearwater Beach and Design Guidelines, Section VII. Design Guidelines, Subsection A. Density, is amended as follows: A. Density The gross density of residential development shall not exceed 30 dwelling units por acre, unless additional density is tr~msforred from other locations on Cloarwater Beach. Ordinarily, resort density ,:..i11 be limited to 10 units per acre. Hov.'ever, additional density can bo added to a resort either by transferred development rights or if by way of the provisions of the community redevelopment district (CRD) dosignation. Nonresidential donsity is limited by Pinellas County Planning Council intensity standards. The maximum permitted density of residential development shall be 30 dwellinq units per acre. Throuqh the use of transfer of development riqhts (TORs) from other property located within the Clearwater Beach Community Redevelopment District. the maximum permitted density for residential development may be increased by not more than 20 percent. Historically the maximum permitted density for overniqht 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 Desiqn shall be 50 units per acre. * It also allows this maximum density of 50 units per acre to be exceeded throuqh the use of TORs from other properties located within the Clearwater Beach Community Redevelopment District in compliance with the followinq provisions: 1. The amount of TORs used for resorts/overniqht accommodation proiects shall not be limited provided such proiects can demonstrate compliance with the provisions of this Plan. the Community Development Code and concurrency requirements. 2. Any TORs qained from the additional 1 0 overniqht accommodation units per acre authorized by this section of Beach by Desiqn shall only be used for overniqht accommodation uses. The conversion of such density to another use is prohibited. Beach by Desiqn also supports the allocation of additional density for resort development throuqh the density pool established in Section V.B. of this Plan. The maximum permitted floor area ratio for nonresidential development is limited to 1.0 pursuant to the Pinellas County Planninq Council intensity standards. Ordinance No. 7546-06 7 *When Beach bv Desian was oriainallv adopted. the allowable density for resorts/overniaht accommodations was 40 units per acre. That density was increased to 50 units per acre throuah Ordinance No. 7546-06. References to 40 units per acre are still evident in Section VB. Community Redevelopment District Desianation and have not been chanaed because that was the density in place when the oriainal analvsis was conducted. Section 5. Beach by Design, as amended, contains specific development standards and design guidelines for areas of Clearwater Beach that are in addition to and supplement the Community Development Code; and Section 6. The City Manager or designee shall forward said plan to any agency required by law or rule to review or approve same; and Section 7. 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 8. 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 Dougall-Sides Assistant City Attorney Cynthia E. Goudeau City Clerk Ordinance No 7546-06 8 CDB Meeting Date: Case Number: Ord. No.: Agenda Item: F ebruarv 21, 2006 Amendment to Beach bv Design 7546-06 D-l CITY OF CLEARWATER PLANNING DEPARTMENT STAFF REPORT REQUEST: Amendment to Beach by Design: A Preliminary Design for Clearwater Beach and Design Guidelines (Beach by Design) INITIATED BY: City of Clearwater Planning Department BACKGROUND: Beach by Design, the special area plan governing development on Clearwater Beach, established eight distinct districts within the Beach area to govern land use. The Old Florida District is the most northern area governed by the Plan. It is comprised of 39.4 acres of land and is bounded by the Gulf of Mexico on the west, Clearwater Harbor on the east, Rockaway Street on the south and the rear property line of the properties fronting the north side of Somerset Street (see the Old Florida District Boundaries map). Beach by Design describes the Old Florida District as an area of transition between resort uses to the south to the low intensity residential neighborhoods to the north. The Plan supports the renovation and limited redevelopment of this area based on existing conditions and identifies new single family dwellings and townhouses as the preferred form of development. In 2004, the Planning Department prepared a review of a portion of the Old Florida District. The review identified discrepancies between the area's zoning and land use patterns as well as inconsistencies between the Old Florida District provisions and the underlying zoning. These inconsistencies make the administration of land development provisions difficult in the Old Florida District and result in unrealistic or uncertain property owner and developer expectations. There is also the potential for inconsistency in the review of development proposals. The study recommended that the desired character of the entire Old Florida District be determined and that Beach by Design be revised accordingly. The City Council concurred with those findings. As a result, the Planning Department began a study of the Old Florida District in 2005 to determine the desired character of this District. As a result of the ideas generated by four public meetings that were held in the District, three options were developed that depicted the heights and uses that had been most frequently favored. These recommendations Staff Report - Community Development Board - February 21,2006 - Ord. No. 7546-06 1 were presented at the City Council Work Session on August 29, 2005. Subsequently, another meeting was held with the City Council on January 19,2006 to further define the issues. After the Council's direction was received, Planning Department staff developed amendments to Beach by Design based on these comments. Also, as a result of the comments, the staff proposed a rezoning and future land use amendment of all areas within Old Florida zoned Medium High Density Residential (MHDR) to Tourist (T), and a change in the land use from Residential High (RH) to Resort Facilities High (RFH). (See LUZ 2005-10013.) Another accompanying case amends the Community Development Code so that it stipulates that specific design standards contained in this amendment supercede the Code. (See TA2005-lI004.) The Planning Department is also proposing three other amendments to Beach by Design. One relates to the height bonus provision allowed for live/work projects in the Marina Residential District. Another addresses the use of transfer of development rights, and the last one increases development potential for overnight accommodation uses. ANALYSIS: Old Florida District The proposed changes will address the Old Florida District by revising the uses, building heights, stepbacks, setbacks, landscaping and parking access allowed in the District. These are addressed in the paragraphs below. The mix of uses in this area known as the Old Florida District primarily includes residential, overnight accommodations and institutional uses. Given the area's location and historical development patterns, this area should continue to be a transitional District. To that end, Beach by Design supports the development of new overnight accommodations and attached dwellings throughout the District with limited retail/commercial development fronting Mandalay Avenue between Bay Esplanade and Somerset Street. It also supports the continued use and expansion of the various institutional and public uses found throughout the District. Additionally, it proposes a mixing of those uses where it results in a more viable, attractive and functional property. (See the Old Florida District Proposed Uses Plan map.) I. The following height provisions shall apply (see the Old Florida District Building Heights map): a. Buildings located on the north side of the Somerset Street shall be permitted a maximum building height of35 feet; b. Buildings located on the south side of Somerset Street and within 60 feet of the southerly right-of-way line, shall be permitted a maximum building height of 50 feet; and Staff Report - Community Development Board - February 21, 2006 - Ord. No. 7546-06 2 c. Property throughout the remainder of the Old Florida District shall be permitted a maximum building height of 65 feet. In order to better understand the height of buildings constructed or approved for construction within the last several years in the Old Florida District, a map was developed depicting the heights of those projects. (See the Project Heights in the Old Florida District map.) All of the 17 projects, except one, were approved at 65 feet or below in height. The one exception was approved for 70 feet. Consequently, the height limit of 65 feet is in conformance with what has occurred in the past. 2. The minimum required setbacks in the Old Florida District shall be: a. A 15 foot front setback shall be required for property throughout the District, except for properties fronting on Mandalay Avenue, which may have a zero (0) foot front building setback for 80 percent of the property line; and b. A ten (10) foot side and rear setback shall be required for all properties throughout the District, except for properties fronting on Mandalay Avenue, which may have a zero (0) foot side building setback and a ten (10) foot rear setback. 3. The following requirements shall apply to require building stepbacks or alternative increased setbacks for buildings exceeding 35 feet in height. A building stepback means a horizontal shifting of the building mass toward the center of the building. The requirements are: a. A building stepback on at least one side of the building at a point of35 feet in height is required. This minimum height requirement will not be reduced unless a provision is made for an increased setback on at least one side of the building in conformance with the ratios provided in Section 4. Additional stepbacks and/or setbacks may be necessary to open up view corridors between buildings. (1) Properties (except those fronting on Mandalay Avenue) that front on an east-west street shall provide a building stepback and/or setback on the front side of the building; (2) Properties (except those fronting on Mandalay Avenue) that front on a north-south street shall provide a building stepback and/or setback on the side of the building; and (3) Properties fronting on Mandalay Avenue shall provide a building stepback and/or setback on the front of the building. Staff Report - Community Development Board - February 21,2006 - Ord. No. 7546-06 3 4. The following are the stepback/setback ratios that apply to Section 3 (see the Old Florida District Right-of-way Widths map): a. For properties fronting streets that have a right-of-way width ofless than 46 feet, the stepback or setback/height ratio is one (1) foot in stepback for every two (2) feet in additional hei~t above 35 feet; D b. For properties fronting streets that have a right-of-way between 46 and 66 feet, the stepback or setback/height ratio is one (1) foot in stepback for every two and one-half (2.5) feet in additional height above 35 feet; and c. For properties fronting streets that have a right-of-way of greater than 66 feet, the stepback or setback/height ratio is one (1) foot in stepback for every three (3) feet in additional height above 35 feet. 5. The following addresses the criteria for flexibility of setbacks and/or stepbacks for buildings in excess of 35 feet in height (see Diagrams 1 through 4 for more detail of how these options can be applied): a. Setbacks (1) Except for properties fronting on Mandalay Avenue, a maximum reduction of five (5) feet from any required building setback may be possible if the decreased building setback results in an improved site plan, landscaping areas in excess of the minimum required and/or improved design and appearance; (2) To assure that unimpaired access to mechanical features of a building is maintained, a minimum five (5) foot unobstructed access must be provided along the entire side yard of properties, except those fronting on Mandalay Avenue, where a zero (0) foot setback is permissible; and (3) Additionally, building setbacks can be decreased at a rate of one (1) foot in required setback per two (2) feet in additional stepback, if desired. b. Stepbacks (1) A maximum reduction of five (5) feet from any requir~d building stepback may be possible if the decreased building stepback results in an improved site plan, landscaping areas in excess of the minimum required and/or improved design and appearance; and (2) Building stepbacks can be decreased at a rate of two (2) feet in stepback per one (1) foot in additional required setback, if desired. Staff Report - Community Development Board - February 21, 2006 - Ord. No. 7546-06 4 6. The following addresses the criteria for flexibility of setbacks and/or stepbacks for buildings 35 feet and below in height: a. A maximum reduction of ten (10) feet from any required front or rear setback and a maximum reduction offive (5) feet from any side setback may be possible if the decreased setback results in an improved site plan, landscaping areas in excess of the minimum required and/or improved design and appearance; and b. In all cases, a minimum five (5) foot unobstructed access must be provided along the side yards of properties, except for those fronting Mandalay Avenue where a zero (0) foot setback is permissible. 7. The following landscape setback standards have been set for the District: a. A ten-foot landscape buffer is required along the street frontage of all properties, except for that portion of a property fronting on Mandalay Avenue; and b. A zero (0) foot setback may be permissible for 80 percent of the property frontage for that portion of a property fronting on Mandalay Avenue. The remaining 20 percent is required to have a minimum landscaped area for a minimum of five (5) feet in depth. The 20 percent may be located in several different locations on the property frontage, rather than placed in only one location on the frontage. 8. The following parking/vehicular access standards have been set for the District: a. Lack of parking in the Old Florida District may hinder revitalization efforts. A shared parking strategy may be pursued in order to assist in redevelopment efforts. b. If the property fronts on Mandalay Avenue, off-street parking access is required from a side street or alley, and not from Mandalay Avenue. Marina Residential District Beach by Design now stipulates that an additional story can be gained in the District if the property is developed as a live/work product. This provision was explored in discussions with the Community Development Board at its July 2005 meeting. Additionally, there have been strong indications from discussions with developers that this is not a workable provision for this particular area. Consequently, this provision will be removed from Beach by Design. Staff Report - Community Development Board - February 21, 2006 - Ord. No. 7546-06 5 Density/Transfer of Development Rights (TDRs) 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 Planning Department is proposing to increase the maximum permitted density for overnight accommodations to 50 units per acre. When Beach by Design was originally adopted, the Community Development Code specified that density could be exceeded by up to 20 percent through the use of TDRs. The proposed amendment changes that by eliminating the 20 percent limitation for overnight accommodation projects (the 20 percent limit will still exist for residential projects). Additionally the amendment specifies that any TDR gained from the additional 10 overnight accommodations (the difference between 40 and 50 units per acre) shall be limited to hotel development and cannot be converted to another use. CRITERIA FOR TEXT AMENDMENTS: Code Section 4-601 specifies the procedures and criteria for reviewing text amendments. Any code amendment must comply with the following: 1. The proposed amendment is consistent with and furthers the goals, policies and objectives of the Comprehensive Plan. Below please find a selected list of policies from the Clearwater Comprehensive Plan that is furthered by the proposed amendment to Beach by Design. 1.2 Objective - 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. 1.2.1 Objective - Individual requests for development approval and/or transfer of development rights in the coastal high hazard area shall specifically consider hurricane evacuation plans and capacities and shall only be approved if the proposed development will maintain evacuation times (pre-landfall clearance times) as specified by the Tampa Bay Regional Planning Council. 2.1.1 Policy - 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 Staff Report - Community Development Board - February 21,2006 - Ord. No. 7546-06 6 use of transfer of developments rights pursuant to approved special area plans and redevelopment plans. 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. 3.0 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. 2. The proposed amendments further the purposes of the Community Development Code and other City ordinances and actions designed to implement the Plan. The proposed text amendment is consistent with the following purpose of the Code: Section 1-103(A) - It is the purpose of this Development Code to implement the Comprehensive Plan of the city; to promote the health, safety, general welfare and quality of life in the city; to guide the orderly growth and development of the city; to establish rules of procedures for land development approvals; to enhance the character of the city and the preservation of neighborhoods; and to enhance the quality of life of all residents and property owners of the city. SUMMARY AND RECOMMENDATION: This proposed amendment to Beach by Design: A Preliminary Design for Clearwater Beach and Design Guidelines is consistent with the Clearwater Comprehensive Plan and purposes of the Community Development Code for the reasons cited above. The amendments are as follows: Staff Report - Community Development Board - February 21, 2006 - Ord. No. 7546-06 7 1. Amendment to Beach by Design Section II, Subsection A. revising the uses, building heights, stepbacks, setbacks, landscaping and parking access allowed in the Old Florida District; 2. Amendment to Beach by Design Section II, Subsection C deleting the reference to a live/work product in the Marina Residential District; and 3. Amendment to Beach by Design Section V.B and VII.A by clarifying transfer of development rights provisions in Beach by Design; and by increasing resort density to 50 units per acre. The Planning Department recommends APPROVAL of Ordinance No. 7546-06 which makes revisions to Beach by Design: A Preliminary Design for Clearwater Beach and Design Guidelines. Prepared by Planning Department Staff: Sharen J arzen, Planner III Attachments: Old Florida District Boundaries Map Old Florida District Proposed Uses Plan Map Old Florida District Building Heights Map Project Heights in the Old Florida District Map Old Florida District Right-of-way Widths Map Setback/Stepback Diagrams 1 - 4 Ordinance No. 7546-06 S. \P/annmg Department\C D B\BEACH ISSUESIOLD FLORIDA STUDYlFma/ Matena/s\BBD Amendment. 2005-061Stajf Reports and Council Agenda Items \BBD Amend. Staff Report doc Staff Report - Community Development Board - February 21,2006 - Ord. No. 7546-06 8 Jarzen, Sharen From: Sent: To: Cc: Subject: Jarzen, Sharen Wednesday, March 01, 20069'31 AM Ryan Brinson (E-mail) Brown, Steven Map and Drawmg Attachments for Beach by Design Amendment Per the prevIous e-mail Have a good dayl ~ ~ ~ EJ ~ ~ BBD Diagram l.docBBD Diagram 2.docBBD Diagram 3.docBBD Diagram 4.doc BBD Old Flonda BBD Old Flonda BBD Old Flonda BUilding Heigh... Dlstnct Bound... Project Height... BBD Old Flonda BBD Right-of-Way Proposed Uses... Widths Map.pd... Sharen J arzen, AICP Planning Department City of Clearwater 727-562-4626 1 PL r 65' l 40' i..... ROW -I Diagram 1 Properties along typical 40' Right-of-Way (i.e. Cambria) ~ Required Front Setback ~ Required Rear and Side Setback ~ Required Stepback to get to 65-foot height ~ Stepback Height Ratio ~ Step back/Setback Flexibility Ratio ~ Alternative shown for optional 10- foot Additional Stepback to allow reduction Of 5 feet in required Setback ~ Alternative shown for optionall0-foot Additional Stepback to allow reduction Of 5 feet in required Setback. 15 feet 10 feet 15 feet 1:2 2/1 ~ .... Q) PL PL (/) PL PL I-< 60' Q) I I Requlted Offset 8 0 10' reduced CI.l Stepback r-- ROW --, Diagram 2 Properties along Somerset Looking West from Mandalay ( 40' Right-of-Way) ~ Required Front Setback ~ Required Rear and Side Setback ~ Required Step back to get to 65- foot height ~ Stepback Height Ratio ~ Step back/Setback Flexibility Ratio ~ Alternative shown for optionall0-foot Additional Step back to allow reduction of 5 feet in required Setback ~ Alternative shown for optionall0-foot Additional Stepback to allow reduction of 5 feet in required Setback ~ 15 feet 10 feet 15 feet 1:2 2/1 T 35' 1 PL PL PL I I rri. - I (J' Reduced 5' added ?l I 'Il Stepback Setback - " t ~ I f " . 35' I I U 100' I" ROW "I i Properties along Mandalay ( 100' Right-or-Way) ~ Required Front Setback ~ Required Rear and Side Setback ~ Required Stepback to get to 65-foot height ~ Stepback Height Ratio ~ Stepback/Setback Flexibility Ratio ~ Alternative shown for optionall0-foot Additional Step back to allow reduction of 5 feet in required Setback ~ Alternative shown for optionall0-foot Additional Stepback to allow reduction of 5 feet in required Setback Diagram 3 15 feet 10 feet 10 feet 1 :3 2/1 12' RequIred Stepback PL PL 10' added ~ Stepback PL I 1 I . 30' 15' ReqUired Setback I 1 . '1Y'1 I 65' / / ~, 5' Reduced Setback / " 1 '0 . 35' I . J 60' ROW -I Diagram 4 Properties along typical 60' Right-of-Way (Poinsetta) ~ Required Front Setback ~ Required Rear and Side Setback ~ Required Stepback to get to 65-foot height ~ Stepback Height Ratio ~ Stepback/Setback Flexibility Ratio ~ Alternative shown for optional 10- foot Additional Stepback to allow reduction of 5 feet in required Setback ~ Alternative shown for optionall0-foot Additional Stepback to allow reduction of 5 feet in required Setback 15 feet 10 feet 12 feet 1:2.5 2/1 CAMBRIA ST IDLE WILD ST GLENDALE ST HEILWOOD ST KENDALL ST u. ml o "'" , , }0 ~1 ~ , ~~~,;iarwater "u_ %~IS<.""*""'~'0.",,,,,,,,>, SOMERSETST ROYAL WAY ~ <:( ).. :s <:( a ~ ~ JUANITA WAY ~ <:( ~ I- LU (f) ~ <5 Q fiSti-" _ ,it '4& ~" ~i-V ,De 'arrm~'rit~:, ),..,> <'dw<<--P<:xx-" ;,,::0::l'" 'iw>>>>> ,$1''>',- o"WM',., ,,'if!!" "'?f4j>" pW'>' ,'~,. 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Baywell Project . 2 Units 35' 71'ldleWlld Condos . 14 Units 64' 8 La Rlsa 28 Units 70' 9 La Rlsa II 4 Units 52' 10 ;Nepenthe 12 Units 65' 11 ,Palazzo 13 units 60' 12 IVenellan Co-.e 14 Units 59' 13 IM3B De-.elopment 20 Units 58' 14 iEbb Tide 13 Units 54' 15 1 POinsettia Place 8 units 37' 16 IHess De-.elopment 21 Units 52' 17 IAmblance on White Sands 15 Units 53' ~ <( c z ~ ROYAL 1 JUANITA SOMERSET <C f= I- W en z (5 a. JUANITA BAY ESPLANADE ,;"~$ J4t'i_i\' ~~.(M ~% ~ " o<"1:twmi / l :~tatus '~,'; 1, "<<'''<o~,;'~^'>>Vfj 'l'''" ~ltl'I'P 4, d/ ..',0 .' ; ',^ ,;:ml ~ ,eD.JQg; j ,""""-""-'<<< ,<<; ;S'>h~ '~"'J' -,.?':ml., d '" ",( ': ~^ ,> -.. ~ ~ -<: , , ' ," <$#!!'4llh .:ml 'I 1 " I.-iF E:dn~ctroh . ~> 'wv>! .,; *h'~,> \,7 ~ lIIIl"t >,.<:$v/<>"-'- '> ';.~ ,,,^ , , . " p~>n~t!,uct!'l(j>~ . 4ft ~ < < , ">,<->;:"v ,':-l~,' *:': f>:: > %~ *~ "i"'~" .,z~'>$:> %&" Page 1 of 1 Jarzen, Sharen From: Clayton, Gina Sent: Tuesday, February 21,20068.19 AM To: Jarzen, Sharen Cc: Brown, Steven Subject: FW Beach by Design FYI - for the file Thanks -----Original Message----- From: Clayton, Gina Sent: Tuesday, February 21, 2006 8: 19 AM To: 'Crawford, Michael C' Subject: RE: Beach by Design Mlke- when we met with Dave, he said Just e-mail him the ordinance and ask in that e-mail for your review. I hope he passed that on to you (I sent to him on Fnday) Attached please find the staff report for the amendments. As discussed with Dave, the 50 units per acre is allowed by our current comprehensive plan. The density pool stili eXists and was extended to 10 years around 1 year ago The 3 development agreements in place for 3 resort hotels indicate that If the hotels aren't bUilt within certain timeframes, the units are to be returned to the pool Once you read the staff report If you stili have questions, I would be happy to meet with you. Thanks, Gina -----Original Message----- From: Crawford, Michael C [mailto:mcrawford@co.pinellasJl.us] Sent: Monday, February 20, 2006 1:56 PM To: Clayton, Gina Subject: Beach by Design Dave has filled me In on the meeting that you all had. I am following up with you (have left a phone message with Sharon to ask you to call me) and have a few questions. We have to decide very quickly whether or not the amendment IS minor or "substantive" Can you tell me when you plan on submitting any supporting information for the redevelopment plan (like we discussed In the past) and when you will formally submit these amendments for our review? We can get started with what you have emailedandleftwithDave.butthesupportinginformationwillhelpusdecidelflt.smlnor or not Also, the ordinance references section VB In BbyB - I.e., density "pool" units. The copy of BbyB on-line says 600 units to be used in no more than 5-years I thought that I remember you saYing that there were no more available. Could you help me with understanding this relationship between the proposed ordinance, BbyB, and our conversations? Also, could you tell me when the 5-years expires(ed) - from that date of acceptance of the redevelopment plan by the County? Thanks. We'll hopefully get all that we need so that we can get the Item on the March 15th PPC agenda Mike Crawford, AICP Planning Manager Pinellas Planning CounCil 2/28/2006 Jarzen. Sharen From: Sent: To: Cc: Subject: Clayton, Gina Thursday, February 16, 20065:06 PM Brown, Steven; Jarzen, Sharen Dougall-Sides, Leslie FW. Beach by Design Amendments Importance: High FYI - see below I have sent Dave Healey at the PPC the BBD amendments. He Will get those on the March 15th PPC agenda Also, we discussed that the land use plan amendment for Old Flonda does not need to be reviewed since the Countywide Map designation of Community Redevelopment Distnct will not change Leslie - I believe this Will necessitate a change In the language In Section 3 of the land use plan amendment ordinance because it states that the adoption of the plan amendment is subject to approval of the land use designation by the Plnellas County BCC Can you make that change for the March 2nd Council meeting? Thanks. Steven and Sharen - If you have.any questions, please let me know -----Onglnal Message----- From: Clayton, Gina Sent: Thursday, February 16, 2006 5:00 PM To: 'dhealey@plnellascounty.org' Cc: Delk, Michael Subject: Beach by Design Amendments Dave, Thanks for meeting with Michael and I today to discuss amendments proposed to Beach by Design Attached IS the ordinance making amendments to the Old Flonda District provisions, as well as clarifications for the use of TDR on Clearwater Beach and the Increase in hotel density from 40 to 50 Units per acre The CDB Will review the ordinance on Feb 21st and City Council Will have 1st reading on March 2nd and final reading on March 16th I would appreciate It If you would review these special area plan amendments and determine whether they require a full review or If the amendments can be conSidered for receipt and file. I very much appreciate your offer to review these amendments at the March 15th PPC meeting I I also want to confirm that the City will not submit the future land use plan amendment for the Old Flonda Dlstnct for your review since the changes only Impact the City's Future Land Use Plan map and not the CountYWide Map. Additionally I would like to confirm our agreement with you to add the City's Future Land Use Plan Map for Clearwater Beach to Beach by Design. This Will require an amendment to be made to plan and we hope to determine the tlmeframe for thiS amendment Within the next month or soon We Will discuss with you once we know if other Beach by DeSign changes Will be forthcoming Thanks again for your time and Input and for. expediting the review of the attached ordinance. If I can be of any assistance In the work you are dOing on the hotel denSity Issue, please don't hesitate to contact me. ~ t=:J 2-09-06 Final BBD Ord. #7546-0... Gma L. Clayton ASSistant Planning Director City of Clearwater gina.c layton@myclearwater.com 727-562-4587 1 Page 1 of3 Clayton, Gina From: Delk, Michael Sent: Wednesday, February 22, 20064:17 PM To: Clayton, Gina Subject: RE Beach by Design I really don't know how to respond to the where and to question Maybe If I understood more specifically what he is getting at I'd know how to respond. I'd just thank him for hls,assistance and move on --mOnglnal Message--m From: Clayton, Gina Sent: Wednesday, February 22,20062:11 PM To: Delk, Michael Subject: FW: Beach by Design FYI - do you want to provide additional information? --mOriginal Message----- From: Crawford, Michael C [mailto:mcrawford@co.pinellasJl.us] Sent: Wednesday, February 22,2006 1:02 PM To: Clayton, Gina Cc: Healey, David P; Brinson, Ryan Subject: RE: Beach by Design Thank you. If you can find the letter that regarding the extension Will be helpful It may allow us to pinpOint what we did (or didn't do) here. Your second part of the emall really doesn't answer the questions as I have outlined them to you over the past few months, but at this pOint I think we need to just get it going. We'll put what you have In our staff report and move on. Mike Crawford, AICP Planning Manager Plnellas Planning Council From: Gi na. Clayton@myClearwater.com [ma ilto :Gina. Clayton@myClearwater.com] Sent: Wednesday, February 22, 2006 9:51 AM To: Crawford, Michael C Cc: Brinson, Ryan; Healey, David P; michael.delk@MyClearwater.com Subject: RE: Beach by Design Mike, Attached please find the ordinance extending the tlmeframe of the pool. I found a letter drafted to Dave in our electronic file but I haven't located a hard copy yet. With regard to TOR - TORs can only come from within the area governed by BBD (from within the CRD) It 3/7 /2006 Page 2 0[3 \r IS very difficult to know from where and to where they will be used. The purpose of the amendment is to Incentlvlze hotel development. The language In the proposed ordinances states the purposed - the increase in density for overnight accommodation uses is to assist in the redevelopment of the Beach It should be noted that the ordinance specifically requires that overnight accommodations project uSing unlimited TDRs must demonstrate compliance with the Plan, the Code and concurrency. As you know TDRs do not result In new density - Just a shifting of where the density IS bUilt within the CRD. The onglnal BBD did not include any analysis about where we expect TDRs to be used, nor did the recently approved Downtown Plan The theory is that the overall density of a specific area (CRD or CBD) will not be Increased but the density can move around within thiS confined area. -----Original Message----- From: Crawford, Michael C [mailto:mcrawford@co.pinellas.fl.us] Sent: Tuesday, February 21, 2006 9:36 AM To: Clayton, Gina Cc: Brinson, Ryan; Healey, David P Subject: RE: Beach by Design Gina. Since the City is relying on the original 600 density pool units (not creating any additional units) we can consider the other (TDR) amendment as a minor change to your "special area plan" (i e., we don't need to include it in our advertisement). In order to present this to the Council though we still need some form of an analYSIS with respect to the potential Impacts that this change could have. At a minimum, there should be supporting Information that looks at how many TDRs you anticipate and where these TDRs may come from ("sending") and where they are likely to be "received" I know they are to be used In Beach by Design only, but Isn't there some Idea of from and to? We also need the reasoning (Impetus) behind the change In the first place I'm sure that It'S to further promote retention of transient accommodation units, but that should be stated or referenced from Beach by Design Also, If you don't feel that there Will be any Infrastructure Impacts, or compatibly Issues (maybe you are handling those With design) then we need a statement to this affect. I don't mean to be a pest about thiS, but we cannot assume that there are no issues assOCiated with thiS amendment We need something from the City affirming this You can complete thiS in the form of a letter With attachments if that works best for you. We Will proceed to place this on the agenda as a minor change to your redevelopment plan (special area plan), but really need supporting information by Thursday. We try to have our reports done by Fnday so this gives us little time. Also, when this is all said and done (that is when we process the Old Flonda amendments that you talked with Dave about), we'll need to Identify all the changes that have been made to the original Beach by DeSign (such as extending the 5 year denSity pool to 10 years) and then send another change to the PPC. The last changes that we have did not include these denSity pool changes for example (nor has this been changed on the copy on your webslte). All changes need to be at least received and accepted by the PPC. It helps us to keep our file copies up to date and also to Identify any amendments that may be deemed substantial. Please let me know if you need additional clarification Thanks Mike Crawford, AICP Planning Manager Pinellas Planning CounCil 3/7/2006 Page 3 of3 t. From: Gina. Clayton@myClearwater.com (ma ilto: Gina. Clayton@myClearwater.com] Sent: Tuesday, February 21,20068:19 AM To: Crawford, Michael C Subject: RE: Beach by Design Mlke- when we met with Dave, he said just e-mail him the ordinance and ask In that e-mail for your review. I hope he passed that on to you (I sent to him on Friday) Attached please find the staff report for the amendments. As discussed with Dave, the 50 units per acre is allowed by our current comprehensive plan The density pool stili eXists and was extended to 10 years around 1 year ago The 3 development agreements in place for 3 resort hotels indicate that If the hotels aren't bUilt within certain tlmeframes, the units are to be returned to the pool. Once you read the staff report If you still have questions, I would be happy to meet with you. Thanks, Gina -----Original Message----- From: Crawford, Michael C (mailto:mcrawford@co.pinellasJl.us] Sent: Monday, February 20, 2006 1:56 PM To: Clayton, Gina Subject: Beach by Design Dave has filled me in on the meeting that you all had. I am following up with you (have left a phone message with Sharon to ask you to call me) and have a few questions. We have to deCide very quickly whether or not the amendment is minor or "substantive." Can you tell me when you plan on submitting any supporting information for the redevelopment plan (like we discussed in the past) and when you will formally submit these amendments for our review? We can get started with what you have emailed and left with Dave, but the supporting information Will help us decide if it's minor or not Also, the ordinance references section VB in BbyB - i.e , density "pool" units. The copy of BbyB on-line says 600 units to be used in no more than 5-years. I thought that I remember you saYing that there were no more available. Could you help me with understanding this relationship between the proposed ordinance, BbyB, and our conversations? Also, could you tell me when the 5-years expires(ed) - from that date of acceptance of the redevelopment plan by the County? Thanks We'll hopefully get all that we need so that we can get the item on the March 15th PPC agenda Mike Crawford, AICP Planning Manager Pinellas Planning Council 3/7 /2006 :1 Page 1 of2 Clayton, Gina From: Crawford, Michael C [mcrawford@co.pinellasJI us] Sent: Wednesday, February 22, 2006 1'09 PM To: Clayton, Gina Subject: RE' Beach by Design - Past Changes and Evaluation Report The only one that I know of is the one you mentioned about the extension of the density pool. If you could look at your records for ordinances that amended Beach by Design that would be the only way I know of. We have no way of tracking changes unless they are forwarded to us Let us schedule a meeting after thiS month's PPC meeting to discuss the evaluation report. That Will allow me time to research what has been done In the past and to get with Dave on anything he knows about. Would you be available to come over here on March 17th - you name the time. If you'd like to get together earlier the 10th would also work Thank you. Mike Crawford. AICP Planning Manager Plnellas Planning CounCil From: Gina. Clayton@myClearwater.com [mailto:Gina. Clayton@myClearwater.com] Sent: Wednesday, February 22, 2006 12:04 PM To: Crawford, Michael C Cc: Brinson, Ryan; Healey, David P; michael.delk@MyClearwater.com Subject: RE: Beach by Design - Past Changes and Evaluation Report Mike - can you c1anfy which changes you think weren't forwarded to you as referenced below. The 2004 change IS the one I referenced In a previous e-mail (extension of the timeframe for the density pool). Also I would be happy to discuss the 5 year evaluation report and the type of information we need to prOVide you Thanks! \ [Clayton, Gina] -----Original Message----- From: Crawford, Michael C [mailto:mcrawford@co.pinellasJl.us] Sent: Tuesday, February 21, 2006 10:06 AM To: Clayton, Gina Cc: Bnnson, Ryan; Healey, David P Subject: RE: Beach by Design - Past Changes and Evaluation Report FYI - Ryan did a little research and found that there were two prevIous amendments to Beach by Design 1) 1/16/02 -Non-substantive Minor Plan Change Amendment to the Manna ReSidential Dlstnct 2) 7/21/04 - Non-Substantive Minor Plan Change. Changed receiving area of density pool and changed cntena for resorts ThiS reminded us that the 5-year requirement for the City to submit a monitoring and evaluation report to assess the status of the plan, implementation of the plan, and measurable impacts to date IS approaching The CounCil approved the plan in May 2001 and the CPA in June. So we are looking at this May for PPC and June for CPA We should talk about this report and the pOSSibility of including the Old Flonda changes and other changes that weren't forwarded to us all at one time Hopefully thiS Will make It easier on you, US, and the Council. Let me know if you need to discuss the evaluation report requirement. 3/7 /2006 I ,I Page 2 of2 Thank you. Mike Crawford, AICP Planning Manager Pinellas Planning Council From: GI na. Clayton@myClearwater.com [ma lito: G Ina. Clayton@myClearwater.com] Sent: Tuesday, February 21, 20068:19 AM To: Crawford, Michael C Subject: RE: Beach by Design Mlke- when we met with Dave, he said just e-mail him the ordinance and ask in that e-mail for your review. I hope he passed that on to you (I sent to him on Friday). Attached please find the staff report for the amendments. As discussed with Dave, the 50 units per acre is allowed by our current comprehensive plan. The density pool stili eXists and was extended to 10 years around.1 year ago. The 3 development agreements in place for 3 resort hotels Indicate that If the hotels aren't bUilt Within certain tlmeframes, the units are to be returned to the pool. Once you read the staff report If you stili have questions, I would be happy to meet with you Thanks, Gina -----Onginal Message----- From: Crawford, Michael C [mailto:mcrawford@co.plnellasJl.us] Sent: Monday, February 20, 2006 1:56 PM To: Clayton, Gina Subject: Beach by Design Dave has filled me in on the meeting that you all had. I am following up with you (have left a phone message With Sharon to ask you to call me) and have a few questions We have to decide very qUickly whether or not the amendment is minor or "substantive." Can you tell me when you plan on submitting any supporting information for the redevelopment plan (like we discussed In the past) and when you Will formally submit these amendments for our review? We can get started With what you have emalled and left with Dave, but the supporting Information will help us decide if it's minor or not. Also, the ordinance references section VB in BbyB - Le , density "pool" units. The copy of BbyB on- line says 600 units to be used in no more than 5-years I thought that I remember you saYing that there were no more available Could you help me With understanding thiS relationship between the proposed ordinance, BbyB, and our conversations? Also, could you tell me when the 5-years expires(ed) - from that date of acceptance of the redevelopment plan by the County? Thanks. We'll hopefully get all that we need so that we can get the Item on the March 15th PPC agenda Mike Crawford, AICP Planning Manager Pinellas Planning CounCil 317/2006 Page 1 of3 '~ Clayton, Gina -,-~~~~-~~-_~~__~~ ~~=~~~V"~ ^~__ ^~~~ ~._...... .....__y~^~ From: Crawford, Michael C [mcrawford@co pmellas fl us] Sent: Wednesday, February 22,2006 1 :02 PM To: Clayton, Gina Cc: Healey, David P; Brinson, Ryan Subject: RE: Beach by Design Thank you If you can find the letter that regardmg the extension will be helpful It may allow us to pinpoint what we did (or didn't do) here Your second part of the email really doesn't answer the questions as I have outlined them to you over the past few months, but at this point I think we need to Just get It going. We'll put what you have in our staff report and move on. Mike Crawford, AICP Planning Manager Pinellas Planning Council From: Gina. Clayton@myClearwater.com [ma ilto: Gma. Clayton@myClearwater.com] Sent: Wednesday, February 22, 20069:51 AM To: Crawford, Michael C Cc: Bnnson, Ryan; Healey, David P; mlchael.delk@MyClearwater.com Subject: RE: Beach by Design Mike, Attached please find the ordinance extendmg the tlmeframe of the pool I found a letter drafted to Dave in our electronic file but I haven't located a hard copy yet With regard to TDR - TDRs can only come from within the area governed by BBD (from wlthm the CRD). It IS very difficult to know from where and to where they Will be used. The purpose of the amendment IS to incentivize hotel development. The language in the proposed ordinances states the purposed - the increase in density for overnight accommodation uses IS to assist in the redevelopment of the Beach. It should be noted that the ordinance specifically requires that overnight accommodations project using unlimited TDRs must demonstrate compliance with the Plan, the Code and concurrency. As you know TDRs do not result In new density - Just a shifting of where the density is built within the CRD The onginal BBD did not include any analysis about where we expect TDRs to be used, nor did the recently approved Downtown Plan. The theory IS that the overall density of a specific area (CRD or CBD) will not be increased but the density can move around Within thiS confined area. nmOnglnal Message----- From: Crawford, Michael C [mailto:mcrawford@co.pinellas.fl.us] Sent: Tuesday, February 21, 2006 9:36 AM To: Clayton, Gina Cc: Brinson, Ryan; Healey, David P Subject: RE: Beach by Design Gina' Since the City IS relying on the onginal 600 density pool units (not creating any additional units) we can consider the other (TDR) amendment as a minor change to your "special area plan" (I e , we don't need to include It in our advertisement) 3/7/2006 Page2of3 , In order to present this to the Council though we still need some form of an analysis with respect to the potential impacts that this change could have At a minimum, there should be supporting information that looks at how many TDRs you anticipate and where these TDRs may come from ("sending") and where they are likely to be "received." I know they are to be used in Beach by Design only, but isn't there some Idea of from and to? We also need the reasoning (Impetus) behind the change in the first place. I'm sure that It'S to further promote retention of transient accommodation units, but that should be stated or referenced from Beach by Design. Also, if you don't feel that there will be any infrastructure Impacts, or compatibly Issues (maybe you are handling those with design) then we need a statement to this affect. I don't mean to be a pest about this, but we cannot assume that there are no issues associated with this amendment. We need something from the City affirming thiS. You can complete this In the form of a letter with attachments if that works best for you We Will proceed to place thiS on the agenda as a minor change to your redevelopment plan (special area plan), but really need supporting information by Thursday We try to have our reports done by Friday so thiS gives us little time Also, when thiS IS all said and done (that IS when we process the Old Flonda amendments that you talked with Dave about), we'll need to Identify all the changes that have been made to the onglnal Beach by Design (such as extending the 5 year density pool to 10 years) and then send another change to the PPC The last changes that we have did not include these density pool changes for example (nor has this been changed on the copy on your website). All changes need to be at least received and accepted by the PPC. It helps us to keep our file copies up to date and also to Identify any amendments that may be deemed substantial Please let me know if you need additional clarification Thanks. Mike Crawford, AICP Planning Manager Plnellas Planning Council From: Gina. Clayton@myClearwater.com [mailto: Gina. Clayton@myClearwater.com] Sent: Tuesday, February 21, 20068:19 AM To: Crawford, Michael C Subject: RE: Beach by Design Mlke- when we met with Dave, he said just e-mail him the ordinance and ask In that e-mail for your review I hope he passed that on to you (I sent to him on Fnday) Attached please find the staff report for the amendments As discussed With Dave, the 50 units per acre is allowed by our current comprehensive plan The density pool still eXists and was extended to 10 years around 1 year ago The 3 development agreements in place for 3 resort hotels indicate that If the hotels aren't built within certain tlmeframes, the units are to be returned to the pool Once you read the staff report if you still have questions, I would be happy to meet with you. Thanks, Gina -----Original Message----- From: Crawford, Michael C [mailto:mcrawford@co.pinellasJl.us] Sent: Monday, February 20, 2006 1:56 PM To: Clayton, Gina Subject: Beach by Design Dave has filled me in on the meeting that you all had I am following up With you (have left a phone message With Sharon to ask you to call me) and have a few questions 3/7 /2006 ~.. 3/7 /2006 Page 3 of3 We have to decide very qUickly whether or not the amendment is minor or "substantive." Can you tell me when you plan on submitting any supporting information for the redevelopment plan (like we discussed in the past) and when you will formally submit these amendments for our review? We can get started with what you have emalled and left with Dave, but the supporting information will help us decide if it's minor or not Also, the ordinance references section VB In BbyB - Ie, density "pool" units The copy of BbyB on- line says 600 Units to be used In no more than 5-years I thought that I remember you saYing that there were no more available Could you help me with understanding this relationship between the proposed ordinance, BbyB, and our conversations? Also, could you tell me when the 5-years expires(ed) - from that date of acceptance of the redevelopment plan by the County? Thanks. We'll hopefully get all that we need so that we can get the Item on the March 15th PPC agenda. Mike Crawford, AICP Planning Manager Plnellas Planning Council ," , . >.. , , .- . ~ . 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I:.j-.,,~ -\ '\ ..~ '(' ~ .0 ~.....; , ~ ''t'' l . ,"--} {' \'. .- .~.... ,/:. \ ")>'Cl :! .. ....-,-- ~~ / "'~'.. ,,' -'. , -' , .: ~~I-" (' ....\: f \ ;. " i I. 1 /"1" f: J ,L,,-\il;' ~~ \. ~ r l ,~ ,,) :' 4,,!':~~'t ~ 4~'" j I ,..- , , , " I ~ i '""1 ~ ~......'.~ ~r --i , .., " .~"'" '\ .... 1/ C' ."J ~ , i t\ : ;,' ~.,,,~ 'c.-,;:~..:.:~-\ '- ~ ~-;. ,,~::.:.L ,'-: j' p ---w- '. . '\ 1 lY" .)~ 1 , - J. ; 7~t . of< (,!'.... /' ~ -...." r' ~ ' ' if'" i .. ,.. 'I' J,' t t r; f'\ ; ~f ...r -11. j ! . \ '~"h"''''-'''''' .-\ (~~'\; I I, , . , . ' ':~J' , -.... J I:, ~ ..~ h , . I '~.J. _,< ;", . f ~,' I ~ I ,;./._ '.. J!/ ( f '" T" ""f.~, I '- :- , I i- I I r I I ,- .,,( ! ' \."...J ~ 'l:... ~ 1-""" ,.,. . \ ---- .;. Page 1 0[2 1ft Clayton, Gina From: Crawford, Michael C [mcrawford@co pinellas fLus] Sent: Tuesday, February 21,20069:36 AM To: Clayton, Gina Cc: Bnnson, Ryan; Healey, David P Subject: RE. Beach by Design Gina Since the City is relYing on the onglnal 600 density pool units (not creating any additional units) we can consider the other (TOR) amendment as a minor change to your "special area plan" (I e , we don't need to Include It In our advertisement) In order to present this to the CounCil though we stili need some form of an analysis with respect to the potential Impacts that this change could have. At a minimum, there should be supporting Information that looks at how many TORs you anticipate and where these TORs may come from ("sending") and where they are likely to be "received" I know they are to be used In Beach by DeSign only, but Isn't there some Idea of from and to? We also need the reasoning (impetus) behind the change in the first place I'm sure that it's to further promote retention of transient accommodation units, but that should be stated or referenced from Beach by DeSign. Also, If you don't feel that there will be any infrastructure Impacts, or compatibly Issues (maybe you are handling those with deSign) then we need a statement to this affect I don't mean to be a pest about this, but we cannot assume that there are no Issues associated with thiS amendment We need something from the City affirming thiS. You can complete thiS In the form of a letter with attachments If that works best for you. We Will proceed to place this on the agenda as a minor change to your redevelopment plan (special area plan), but really need supporting information by Thursday We try to have our reports done by Friday so thiS gives us little time Also, when thiS IS all said and done (that is when we process the Old Florida amendments that you talked with Dave about), we'll need to Identify all the changes that have been made to the original Beach by Design (such as extending the 5 year denSity pool to 10 years) and then send another change to the PPC. The last changes that we have did not Include these density pool changes for example (nor has thiS been changed on the copy on your webslte) All changes need to be at least received and accepted by the PPC. It helps us to keep our file copies up to date and also to Identify any amendments that may be deemed substantial Please let me know If you need additional c1anflcation. Thanks Mike Crawford, AICP Planning Manager Plnellas Planning CounCil From: Gina. Clayton@myClearwater.com [mailto: Gina. Clayton@myClearwater.com] Sent: Tuesday, February 21,20068:19 AM To: Crawford, Michael C Subject: RE: Beach by Design Mlke- when we met with Dave, he said just e-mail him the ordinance and ask In that e-mail for your review I hope he passed that on to you (I sent to him on Fnday). Attached please find the staff report for the amendments. As discussed with Dave, the 50 units per acre IS allowed by our current comprehensive plan. The denSity pool stili 3/7 /2006 ~ Page 2 of2 '~ exists and was extended to 10 years around 1 year ago The 3 development agreements in place for 3 resort hotels Indicate that If the hotels aren't bUilt within certain tlmeframes, the Units are to be returned to the pool Once you read the staff report if you stili have questions, I would be happy to meet With you. Thanks, Gina -----Original Messagemn From: Crawford, Michael C [mailto:mcrawford@co.pmellasJl.us] Sent: Monday, February 20, 2006 1:56 PM To: Clayton, Gina Subject: Beach by Design Dave has filled me In on the meeting that you all had I am following up With you (have left a phone message with Sharon to ask you to call me) and have a few questions. We have to decide very qUickly whether or not the amendment IS minor or "substantive." Can you tell me when you plan on submitting any supportmg information for the redevelopment plan (like we discussed in the past) and when you Will formally submit these amendments for our review? We can get started With what you have emailed and left with Dave, but the supporting mformation Will help us decide if it's mmor or not Also, the ordinance references section VB in BbyB - i.e., density "pool" units. The copy of BbyB on-line says 600 units to be used in no more than 5-years. I thought that I remember you saying that there were no more available. Could you help me with understanding this relationship between the proposed ordinance, BbyB, and our conversations? Also, could you tell me when the 5-years expires(ed) - from that date of acceptance of the redevelopment plan by the County? Thanks. We'll hopefully get all that we need so that we can get the item on the March 15th PPC agenda Mike Crawford, AICP Planning Manager Pinellas Planning CounCil 3/7 /2006 LL A#Z'"I" ';.'" O*" 1'\ :?Y rarwater _ -Jiji./'" <:(V ~~ u To: Albert Frank From: Sharen J arzen, AICP Date: December 15, 2005 RE: Old Florida District Per your request, attached are the staff reports for the two cases related to the Old Florida District that are being heard on December 20,2005. Please note that the time for the Community Development Board meeting on December 20 has been changed. It will begin at 2:00 PM, instead of 1 :00 PM. Also, one of the cases regarding the Old Florida D~strict will be continued until the January 17 meeting and will not be heard at the December meeting. The continued case contains the proposed amendments to Beach by Design (the portion of the Comprehensive Plan that relates to the beach area) that will set forth such proposed features as the uses, building heights and setbacks related to the Old Florida District. The two cases that will be heard at the December 20 meeting are: -LUZ2005-10013 that proposes a zoning change of the area that is currently zoned Medium High Density Residential (MHDR) District to the Tourist (T) District. I have attached the map that depicts the location of this district. - T A 2005-11004 that changes the Community Development Code to reflect that certain parameters III the Old Florida District, such as uses, heights and setbacks, will be found in the Beach by Design document. Please don't hesitate to call me if you have any questions. Attachments Page 1 of 1 ~ Clearwater o City of Clearwater Planning Department 100 S. Myrtle Ave., 2nd Floor Clearwater, FL 33756 Telephone: (727) 562-4567 Fax: (727) 562-4865 Fax Cover Sheet To: t. i DC! {/'d S heo....r Fax: ~ l 3 - 3 I <f - (P 9 I 0 Phone: From: Sh~ '('f ill ~ Clr z... e V'- Date: ~ \~ \0 ) oC::; Subject () \ r'~ r I () f' l CL~ 1/1 s ~ l el- Message: ~r re~ues + O-P to "/ s S heeLf Number of Pages including this page ~,Clearwater j ~ ~ u To: Bill Horne From: Michael Delk, Planmng Director Date: August 25, 2005 RE: Old Florida District The purpose of this memorandum is to provide a summary of the Old Florida District issues and the public mput provided during a senes of meetmgs in the area. It concludes with recommendations based on the public comments Backl!round Beach by Deslgn (BBD), the 2001 special area plan governing development on Clearwater Beach, established eight distinct districts within Clearwater Beach to govern land use. The Old Florida District is the northern boundary of the area governed by BBD. It is comprised of 36.4 acres of land and is bounded by the Gulf of Mexico on the west, Clearwater Harbor on the east, properties fronting the north side of Somerset Street on the north and Rockaway Street on the south. The property wlthm the Old Florida District where any future development would take place is zoned as either Medium HIgh Density ReSidentIal or Tounst. There is currently a discrepancy between the area's zoning and land use patterns and that which was recommended for the "preferred form" development in BBD, i.e., single-family homes and townhouses with low to mid-rise buildings. Public Input Process To better understand Issues in the Old Florida District, the Planning Department began a study of the character of the entire dlstnct. Four public meetings were scheduled for citizens who were interested in sharing their vision as to how they would like to see the area developed. The meetings were very well attended. The first meeting had approximately 100 attendees, while the second had about 70 in attendance, with the last two having about 60 persons. During the first meeting on April 6th, the participants were divided into small groups, each with a facilitator. Each group was asked to identify the strengths/weaknesses and opportunities/threats to the district. Subsequently, each group's lists were displayed on the wall and participants were invited to rank those they perceived to be the most important. Page I of 4 The major strengths and opportunities were: Development Issues Number of Comments . EffectIve buffer/heIght transitIOn from core beach to smgle- famIly 46 . Strong current redevelopment actIvity 17 QualIty of Life/SocIal . Existing public recreational facIlities 10 . Proximity and access to the beach and beach core 9 . Beautification (e.g., street trees) 6 . Affordable tourist accommodations 6 The major weaknesses and threats were: Development Issues . Inconsistency of City regulations . Excessive mass of new buildings . Administrative/policy decisions . Dilapidated buildings Number of Comments 35 34 31 10 Infrastructure/Parkmg/Traffic . Poor and insuffiCIent utIlItIes 13 . Poor roads, traffic congestIOn and insufficient parkmg 12 Tourism/Economy . Current pace of redevelopment is escalating property ~xes 11 . Loss of tourism 7 At the second publIc meeting on April 20th, partiCIpants were asked to determine theIr vision for Old Florida based on the strengths and weaknesses Identified at the previous meeting. They sketched their visions on 14 blank parcel maps of the district and identified desired land uses, transition buffers, densities, heights and setbacks. At the end of the exerCise, those attending assigned dots to the map features with which they most agreed. Suggestions for heights ranged from 35 feet to 120 feet, but this higher height received no support during the votmg process. The highest ranked features from the maps developed were distilled into six maps - three contaimng land uses and three contaimng heIght preferences. These were discussed and ranked by the attendees at the third public meeting on May 11 tho Three of the maps were ultImately selected, one receiving the most votes for the uses option and two depictmg height options. Two maps were selected for the height optIOns as they both receIved about the same number of votes. The Uses Option #2 (attached) that was selected featured mixed use along the major portion of Mandalay Avenue with the first floor devoted to retail/office uses with residential above. All of the rest of the district not devoted to public uses or garages was shown as multi-family and overnight accommodations. This option was highly favored as it received 41 votes versus 15 Page 2 of 4 votes and zero votes for the other two options. The two options not selected both showed more of a mix of uses on particular parcels, rather than the ultimate map selected that showed these various uses collapsed into the multi-family an? overnight accommodations category. The two height options selected were somewhat of a mirror image of each other. OptIOn #1 (attached) received 26 votes and Option #2 (attached) received 22 votes, while the third option receIved only 8 votes. The option not selected basically showed heIghts of 75 feet frontmg the Gulf, with the remainder of the district depicting a height of 50 feet, except along the north side of Somerset Street where the height was 35 feet. Option #1, except for the public uses, showed a height of 50 feet for the lots fronting the Gulf of Mexico and those on the north side of Somerset Street. The remainder of the area depicted a heIght of 75 feet, except for the public uses. The second option, except for the public uses, showed a height of 35 feet on the lots fronting Clearwater Harbor and the north side of Somerset Street, and a height of 50 feet between Bay Esplanade and Poinsettia Avenue. A height of 60 feet was shown in the remainder of the district. The fourth meeting on June 8th presented the summary results of the first three meetings, as well as suggestions and discussions related to setbacks and heights. There were a number of diyergent concerns expressed related to the future development of the district. There was generally no disagreement on uses, but on the scale and SIze of development. Plannin2 Department Conclusions The Old Flonda District study, which included significant public input, evaluated the purpose, use and character of development that should be allowed to occur in the District. Based on the mformation obtamed and analYSIS conducted, the following conclusions have been made: . The Old Florida District should serve as an effective transitional area between the tourist area to the south and the single-family residentIal neighborhood to the north; . A wider range of uses should be allowed within the District; . The appearance and impacts of development should be mitigated to prevent the overdevelopment of parcels; . Site design performance should be enhanced while preserving flexibilIty in order to obtain quality redevelopment; and . Consistency and predictability of development should be brought to the District. Page 3 of 4 Plannin2: Department Recommendations In order to implement the conclusions of the Old Florida District study, the Planning Department recommends the followmg development parameters for the Old Florida District: . Allowable uses should mclude overnight accommodations and attached dwellings throughout the dIstrict with mixed uses allowed along Mandalay Avenue; . A maximum bUIlding height of 60 feet should be allowed within the majority of the DistrIct; . A maximum bUIlding height of 35 feet should be Imposed for the parcels located on the north side of Somerset Street; and . Increased site design performance should be required for projects exceeding 35 feet in height such as: - Greater building setbacks; - Building step backs; and - Enhanced landscaping. The proposed uses outlined above reflect the historical development patterns in the Old Florida District and recognize that the current use limitations established in BBD are not consistent with that pattern or the current zoning within the DistrICt. The proposed heIght prOVIsions WIll ensure that an effective height transItIOn will occur between the more intensive tOUrIst area of Clearwater Beach to the south and the residential neighborhood to the north. Furthermore, the proposed height is generally consistent with projects already approved in the District by the Community Development Board. A total of 10 projects have been approved. Of those projects, six would be consistent with the recommended height provisions. Three projects exceed 60 feet m height and one project, while less than 60 feet in height, is located on the north SIde of Somerset Street and exceeds the proposed limitation of 35 feet. To ensure that the character of development in Old Florida also provides a transition between the adjacent tOUrIst and residential areas, enhanced site deSIgn performance should be reqUIred. Attached please find a series of drawings that Illustrate development concepts to achieve thIS increased performance. These drawings show a variety of scenarios of increased building setbacks, building setbacks and landscaping along different streets within the District that have varying rights-of-way widths. It should be noted that these concepts can be implemented and property owners can still achieve the densIties allowed within the Old Florida District. The Planning Department is requesting policy direction from the City Council on these recommendations prior to developing the revisions reqUIred to BBD, the Comprehenslve Plan and Communzty Development Code to implement them. cc: Gary Brumback Attachments Page 4 01'4 '::B jII I t j[l F'EPCIF'T Aug. 26 2005 04:36PM I I I ~O. OTHER FACSIMILE 01 98133146910 I YOUR LOGO YOUR FAX NO. Clt~OfClearwater-Plan Dept 727 562 4865 START TIME Aug. 26 04:34PM USAGE TIME MODE PAGES RESULT 01'48 SND 05 OK TO TURN OFF REPORT, PRESS 'MENU' 1:*04. THEN SELECT OFF BY USING '+' OR '-'. FOR FAX ADVANTAGE t=ISS I STANCE , PL8=lSE CALL 1-800-HELP-FAX (435-7329). , t<,~t'f/!]77r:.:."";.?C_ -<, '-'~' . '1\ flii%'r;'/')~ I r'.... . ~, (\ l' - !J~~'l- " ''is:,)P'!'-"''''''~t~t\ ff~,;i,~,'~!:('~~~"\\ ,,~~ ~=7J '1="( - _C.o, ~J:_.~...!l~-"~ t,'" c" _-='"'- (C> }; --'-l. \ 'i~" -:-'::'~" ' ill~ '~i\o\ .-.--- '- "~ ~S"\.." --"'=.'0 _ ----),\ -?<..""'/j n.)t~ti)~ ---.. ~ "-l'.'~ ~PiJ:'~~;;~~'t ""?~4rH\ 7 't'~:7r.JfJ!~ CITY ()F CLEARWATER PLAl'\JNING D EP ARTMENT POST OFFICE Box 4748, CLEARWATER, FLORIDA 33758-4748 MUNICIPAL SERVICES BUILDING, 100 SOUTH MYRTLE AVENUE, CLEARWATER, FLORIDA 33756 TELEPHONE (727) 562-4567 FAX (727) 562-4865 LONG RANGE PlANNING DEVELOPMENT REVIEW August 22, 2005 Ms. Lois Shear Frank 3102 Schiller Street Tampa, FL 33629 RE: Old Florida District Dear Ms. Frank: As you expressed an interest in receiving more information about the Old Florida District, I wanted to let you know that it will be discussed at the August 29, 2005 City Council Work Session in the City of Clearwater Council Chambers at 9:00 AM. The meeting will be held on the third floor of City Hall located at 112 South Osceola Avenue. C9nc1usions and recommendatIOns based on the four public meetmgs will be presented to the Council by the Planning Department for the Council's guidance and direction. If you desire any more information, please don't hesitate to e-mail me at sharen.iarzen@myc1earwater.com or call me at 727-562-4626. Thank you for your interest in the Old Florida District. SIncerely, vV ./bu MwLL/1"- Ck&?j-.J}.~ . Slu.w....- Qh.. 9 Sharen Jarzen, AICP I ~ Planner _ ~ \~3--~ -:)C(- s 7<; b l. \&.~~~ \-tt~tCJ'v ~ t"'3 - 3 I ~( -- l.a, 0, ( (;) FA-~ <?, 3 -;;l ;t ~.- 0~ I (). .- (-' ~,-t:? dctJll tl ~ S hea..rf' @ r UJf8r\. ' t2- tJYvL-. FRANK Hm13ARD, M/\YOR BILl ]ONSOh, VICT-MAYOR HoY[ HAMI110N, COllNCIIMEMBER @ ]OHi\ DOR.\N, COLJr-.CIL\IDIIlI,R CARl EN A Pr:TI:RSI:r<., COUr\Cl1 \1I:illBfR "EQUAL EMPrOYMENr AND A.FFIRMAIIVE ACll0N EMPlOYER" GRAHAM DESIGN ASSOCIA TES, P.A. ARCHITECTS ~ PLANNERS o Memorandum 0 Transmittal TO FROM: GINA CLAYTON JIM GRAHAM CO DATE' CITI OF CLEARWA1ER 4/15/05 ADDRESS: TOTAL NO OF PAGES INCLUDING COVER 1 PLUS PHOTOS PHONE NUMBER. FAX NUMBER: OLD FLORIDA DISTRICT PHOTOS PROJECT NUMBER: 05-14 RE: DVIa Regular Mail XVIa Courier o VIa Overnight Express o Via Hand Delivery o Via FacsimIle DVia Pickup REMARKS: PLEASE PRINT 8 X 10 PHOTOS OF 6, 9, 13 AND 15. kerl-o-ts ..- tL l~ ~-e..r aT ~VVlS<ho~ tfe- Ass 'f fo \'Y'-- C~(r~~l~ AJe-vrd " 585 MAIN STREET, SUITE 201 DUNEDIN, FL 34698 PHONE, 727/733-9400 FAX 727/733-9555 ft, Clayton, Gina From: Sent: To: Subject: Delk, Michael Friday, February 10, 2006 9 58 AM Clayton, Gina FW. Beach by Design Amendments -----Original Message----- From: Brumback, Garry Sent: Friday, February lOr 2006 7:55 AM To: Horne, William; Delk, Michael; Irwin, Rod Cc: Goudeau, Cyndie Subject: RE: Beach by Design Amendments Concur... will ask Michael to be prepared. Garry Brumback, ICMA-CM Assistant City Manager (727) 562-4053 -----Original Message----- From: Horne, William Sent: Friday, February 10, 2006 7:45 AM To: Brumback, Garry; Akin, Pam; Delk, Michael; Campos, Geraldine; Matthews, Douglas E.; Irwin, Rod Cc: City Council; Goudeau, Cyndie Subject: Re: Beach by Design Amendments Garry, Michael can give the council a synopsis of the code amendments during CM Verbal Reports. I do take exception to the CBC email. Our city council has done nothing but put beach issues ahead of everything else since I have been CM. To suggest that the Planning Dept drop everything to pursue hotel incentives when we have had to handle high priority resort development, densiy conversion, Old Florida, Resort Overlay etc most of which was council driven is ludicrous. This doesn't take into account the above normal CDB workload. I understand the CBC sense of urgency, but it seems out of context to me at this point. We have have amendments coming forward, but the windfall of hotel density they are seeking won't happen with the touch of a magic wand. It's hard to believe what people say anymore. The market has caused the most committed to Tourism to cash in for condos. I can't think of how many times we have heard of proposals to do things only to see them never materialize. I would really like to see the folks who want stay hotels give us their proposed plans. I just think once again we are being asked to create another level of priority among many others we are trying to accomplish on behalf of the council. Bill Bill Horne, ICMA-CM City Manager CLearwater, FL -----Original Message----- From: Brumback, Garry To: Horne, william; Akin, Pam; Delk, Michael; Campos, Geraldine; Matthews, Douglas E.; Irwinr Rod Sent: Fri Feb 10 07:03:23 2006 Subject: FW: Beach by Design Amendments Billr 1 'f As you know, Michael and I discussed this last week and the Planning Dept is bringing forward several recommendations to amend BbD in order to support the Council request. I will ask Michael to prepare a short synopsis of the recommendations for you today. The timeline is CDB in Marc and the Council in April. We will be prepared to discuss in Monday if you feel appropriate. Thanks, Garry Brumback, ICMA-CM Assistant City Manager (727) 562-4053 -----Original Message----- From: Mannir Diane Sent: Thursday, February 09, 2006 3:35 PM To. City Council Cc: Wilson, Denise; Akin, Pam; Brumback, Garry; Goudeau, Cyndie; Harriger, Sandy; Horne, William; Irwin, Rod; Reporter Subject: FW: Beach by Design Amendments -----Original Message----- From: Clearwater Beach Chamber of Commerce [mailto:office@beachchamber.com] Sent: ThursdaYr February 09, 2006 3:22 PM To: Mannir Diane Subject: Beach by Design Amendments To: Mayor Frank Hibbard Councilman John Doran Councilman Carlin Peterson Councilman Hoyt Hamilton Councilman Bill Jonson Dear Mayor and Councilmembers: In July of 2005 the City of Clearwater enacted a new ordinance limiting developers' ability to convert hotel density units to condominiums. At the same time, the council said they would be coming forward with new incentives for developers to build new hotels to replace the more than 1000 hotel rooms the beach is currently losing or will soon lose. In particular, there were three incentives discussed. First: Changing the number of transferable density units that could be transferred to a particular property from 20% more than would otherwise be allowed by the comprehensive plan, to 100% of what the comp plan would allow provided the developer could still meet other code requirements such as setbacks and parking. Second: Construction of transient units would become a criteria for achieving additional 2 1 height and not just the use _ the transfer of density, whic. _oday remains the only way to achieve height in excess of 100 feet. Third: While allowing the 100% TDRs, as mentioned in paragraph one above, is a start, it becomes a moot point if developers have no where to get that density from. At a recent work session, the council discussed allowing the transfer of non-conforming units for transient use only. At our meeting of February 7, 2006, the Board of Directors of the Clearwater Beach Chamber of Commerce voted to urge the council to move these amendments to Beach By Design to the forefront of the Planning Department's agenda. At our board meeting, we were made aware of at least two hoteliers willing to construct additional hotel units on the beach if they can obtain the additional density units necessary to make the venture viable. While we are aware that the Planning Department is extremely busy, we feel that the issue of tourism outweighs any other long range planning issues staff may have at this time. We further believe that it will take the council giving specific direction to your staff to attend to these amendments to Beach By Design as a priority use of their time in order to get all three of the proposed amendments approved at the same time and as soon as possible. Thank you for your immediate attention to this matter Sincerely, Craig West President Clearwater Beach Chamber of Commerce 727/447-7600 www.beachchamber.com 3 Page 1 of2 \ Clayton, Gina From: Delk, Michael Sent: Fnday, February 10, 2006 9:59 AM To: Clayton, Gina Subject: FW Beach by Design Amendments FYI. mid -----Original Message----- From: Brumback, Garry Sent: Fnday, February 10, 20067:00 AM To: Delk, Michael Subject: FW: Beach by Design Amendments Heads-up. Garry Brumback, lCMA-eM: Assistant City Manager (727) 562-4053 -----Onglnal Message----- From: Manni, Diane Sent: Thursday, February 09, 2006 3:35 PM To: City Council Cc: Wilson, Denise; Akin, Pam; Brumback, Garry; Goudeau, Cyndie; Harriger, Sandy; Horne, William; Irwin, Rod; Reporter Subject: FW: Beach by Design Amendments -----Onglnal Message----- From: Clearwater Beach Chamber of Commerce [mailto:office@beachchamber.com] Sent: Thursday, February 09, 20063:22 PM To: Manni, Diane Subject: Beach by Design Amendments To. Mayor Frank Hibbard Councilman John Doran Councilman Carlin Peterson Councilman Hoyt Hamilton Councilman Bill Jonson Dear Mayor and Council members: In July of 2005 the City of Clearwater enacted a new ordinance limiting developers' ability ~o convert hotel density units to condominiums. At the same time, the council said they would be coming forward with new Incentives for developers to build new hotels to replace the more than 1000 hotel rooms the beach is currently losing or will soon lose In particular, there were three incentives discussed. 3/7 /2006 Page 2 of2 \ First. Changing the number of transferable density units that could be transferred to a particular property from 20% more than would otherwise be allowed by the comprehensive plan, to 100% of what the comp plan would allow provided the developer could still meet other code requirements such as setbacks and parking. Second' Constru.ction of transient units would become a cntena for achieving additional height and not Just the use of the transfer of density, which today remains the only way to achieve height in excess of 100 feet Third While allOWing the 100% TDRs, as mentioned In paragraph one above, is a start, It becomes a moot pOint If developers have no where to get that density from. At a recent work seSSion, the council discussed allOWing the transfer of non-conforming units for transient use only At our meeting of February 7,2006, the Board of Directors of the Clearwater Beach Chamber of Commerce voted to urge the counCil to move these amendments to Beach By Design to the forefront of the Planning Department's agenda At our board meeting, we were made aware of at least two hoteliers willing to construct additional hotel units on the beach If they can obtain the additional denSity units necessary to make the venture viable While we are aware that the Planning Department is extremely busy, we feel that the Issue of tounsm outweighs any other long range planning issues staff may have at thiS time We further believe that it will take the council giving specific direction to your staff to attend to these amendments to Beach By Design as a pnonty use of their time In order to get all three of the proposed amendments approved at the same time and as soon as possible. Thank you for your Immediate attention to this matter Sincerely, Craig West President 81earwater Beach Chamber of Commerce 727/447-7600 NWW bea~hchamber com 3/7 /2006 Page 1 of2 ( Clayton, Gina From: Delk, Michael Sent: Wednesday, December 28, 20052 50 PM To: 'Crawford, Michael C' Cc: Clayton, Gina; Jarzen, Sharen, Brown, Steven Subject: RE: 7388-05 TDR Ordinance Mike - We're finalizing the agenda Item now We should be able to get It to you In the next day or two mlchael -----Original Message----- From: Crawford, Michael C [mailto:mcrawford@co.pinellasJl.us] Sent: Wednesday, December 28,2005 1:11 PM To: Delk, Michael Subject: RE: 7388-05 TDR Ordinance If you don't mind, let's coordinate as early as possible In the process concerning the language that you are inserting I'd hate to have to react to amendments that have been placed before your boards. Thanks Mike Crawford From: michael.delk@MyClearwater.com [mallto: michael.delk@MyClearwater.com] Sent: Wednesday, December 28, 2005 12:47 PM To: Crawford, Michael C Cc: Glna.Clayton@myClearwater.com Subject: RE: 7388-05 TDR Ordinance Michael - Gina IS out until January 3 so that is why you have not heard from her While we don't agree that the matter IS Inconsistent, given that only existing units on the beach are at issue, we are nonetheless inserting language in Beach by Design amendments coming forward that will negate the concern with regard to Countywide Rules. mlchael Michael Delk, AICP Planning Director City of Clearwater, FL 727 -562 -4561 myclearwater com -----Onginal Messagen--- From: Crawford, Michael C [mailto:mcrawford@co.pinellasJl.us] Sent: Wednesday, December 28, 2005 8:04 AM To: Delk, Michael Subject: FW: 7388-05 TDR Ordinance 3/7 /2006 l f 317/2006 Page 2 of2 Michael: Here's the second emall that I forwarded to Gina, but have had no response. Mike Crawford, AICP Planning Manager Pinellas Planning Council From: Crawford, Michael C Sent: Tuesday, December 27,2005 1:02 PM To: Gina Clayton Subject: 7388-05 TDR Ordinance Gina' I noticed that the City Commission approved the above mentioned ordinance on first reading at their Nov. 16th meeting, deferred second reading from their Dec. 1 st meeting to Dec 15th, and adopted the ordinance at their Dec. 15th meeting. As you stated, they adopted the provisions that we identified as Inconsistent with the Countywide Rules In our letter of November 18, and Identified in our conversations and emails prevIous to the 18th The Countywide Rules state that an amendment identified as inconsistent "shall not be adopted by the local government until the issue as to the consistency of the proposed amendment has been reconciled...." Were they aware of our letter identifying the amendment for TDRs as inconsistent before they approved the ordinance? What was the date that the ordinance/amendments went to the Community Development Board? I seem to recall the Nov. 16th meeting for CDB and I don't remember staff discussing the Inconsistency that you and I discussed before that meeting (I was there for our Code Analysis presentation). As stated in my prevIous emaill am available to discuss thiS issue anytime thiS week (today through Thursday, with the exception of Wednesday morning) and would like to conclude pnor to any further action by the City (as you mentioned you were working on amendments to Beach by Design for January). Mike Crawford, AICP Planning Manager Plnellas Planning Council .... ~ . /. " Long Range Planning Memo To: Mike Delk From: Steven Brown cc: Gina Clayton Date: 12/5/2005 Re: Parking in the Old Florida As requested, I have taken a look at the potential impacts of the new requirement for 2 spaces per unit for attached dwellings and wish to share the following: · The proposed amendments to the Old Florida section of the Beach by Design calls for the Tourist Distnct to require 2 spaces per unit. If the development pattern is towards simde-familv attached units, this cham!e will verv likelv have an impact on the number of units that can be built on an individual parcel, especiallv when coupled with the 65 foot hei!!ht limitation. In order to complv with both of these, it is likelv that propertv owners will be forced to consider consolidation of lots or some other cooperative mechanism for providin!! for their parkim! requirements and stavin!! within the hei!!ht limitation. On the other hand, the Tourist District allows Overni!!ht Accommadations with one space per unit, and proiects proposin!! this tvpe of development will not be impacted bv the chan!!e. · The entire area of Old Florida is proposed to be re-zoned to T ounst, and in the T ounst District, Comprehensive Infill is allowed. Under Comp Infill, the Community Development Coordinator can approve a different standard for off street parking. Under Comprehensive Infill, the Flexibility Cntena for Off-Street Parking are: 8 Adequate off-street parking in the Immediate vicinity according to the shared parking formula in Division 14 of Article 3 will be available to avoid on-street parking In the Immediate viCInity of the parcel proposed for development. Given the !!oals of the amendments to the Desi!!n Standards for the Old Florida District (as I understand them), the use of Comprehensive Infill to !!et around the standards would seem counterproductive, however that does not mean that it will not be attempted. Perhaps we should consider removin!! Comp Infill as an option in the Old Florida District. There is some existin!! available off-street parkin!! in public lots, however thev are concentrated to the southern end of the District, and mav not be feasible for use bv properties in the entire District. -; . . The existing Design GUidelines for Beach By Design, In Section F. Parking Areas states: 'To create a well-defined and aesthetically appealing street boundary, all parking areas will be separated from public rights-of-way by a landscaped decorative wall, fence or other opaque landscape treatment of not less than three feet (3') and not more than three and one-half feet (3 W) in height. Surface parking areas that are vIsible from public streets or other public places will be landscaped such that the parking areas are defined more by their landscaping materials than their paved areas when Viewed from adjacent property The use of shade trees IS encouraged In parking lots. However, care should be taken to choose trees that do not drop excessive amounts of leaves, flowers, or seeds on the vehicles below. Entrances to parking areas should be clearly marked in order to avoid confusion and minimize automobile-pedestrian conflicts. Attractive signage and changes to the texture of the road (such as pavers) are recommended." As properties are developed in the Old Florida District, it willlikelv require parkim! to be placed on the !!round floor, and the livin!! areas elevated. Most likelv these standards will applv to the development of those parkin!! areas, and the provision of landscapin!! to conform will take awav from the area available for parkin!!, and have an impact on the number of units that can be developed. . Beach By DeSign, In the Future Land Use Section identified lack of parking as a redevelopment Issue for Old Flonda, and recommended that"...A shared parking strategy should be pursued in order to assist in revitalization efforts." This shared parkin!! is one of the most hopeful possibilities for the development of the Old Florida District, as propertv owners come to !!rips with the realities of development in this area. . The amendments to the Old Florida Design Guidelines state that "Except for the front lot lines of property alona Mandala v Avenue. a ten-foot landscape buffer is required alona the street frontaae of all properties." For properties that do not front on Mandalav, this will be limitin!! factor, but one that if not retained, will result in a hardenin!! of the District, !!ivin!! it an urban character. . Page 2 ~ ~learwater o City Attorney's Office Interoffice Correspondence Sheet TO: Gina Clayton, Planning Manager FROM: Gwen Hollander, City Attorney's Office t~ '.J LOCATION: Planning Department SUBJECT: Ordinance Nos. 7546-06 - 7563-06 and 7565-06 - 7567-06 DATE: November 8, 2005 Enclosed for your file is a copy of the above-referenced Ordinance. First reading is scheduled for December 15, 2005. Thank you. grh r--- - - ----.- - - r~f~~~:~~,rr5/ I L-. - -.l' ---- , PLANNING & DEVELOPM~f'H I SERVICES '_ . __('~_ . r.~;- ,', r'\RW,6TER I ..----, t;:-~ J . 1'- ***** REVISED ***** CITY OF CLEARWATER NOTICE OF AMENDMENTS TO BEACH BY DESIGN The City of Clearwater, Florida, proposes to adopt the following ordinance: , ORDINANCE NO. 7546-06 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA MAKING AMENDMENTS TO BEACH BY DESIGN: A PRELIMINARY DESIGN FOR CLEARWATER BEACH AND DESIGN GUIDELINES; BY AMENDING SECTION II. FUTURE LAND USE, SUBSECTION A. THE "OLD FLORIDA" DISTRICT BY REVISING THE USES, BUILDING HEIGHTS, S:rEPBACKS, SETBACKS, LANDSCAPING AND PARKING ACCESS ALLOWED IN THE DISTRICT; BY AMENDING SECTION II. FUTURE LAND USE, SUBSECTION C. MARINA RESIDENTIAL DISTRICT BY DELETING THE REFERENCE TO A L1VEIWORK PRODUCT; BY AMENDING SECTIONS V.B AND VII A BY CLARIFYING TRANSFER OF DEVELOPMENT RIGHT PROVISIONS; BY INCREASING ALLOWABLE RESORT DENSITY FROM 40 TO 50 UNITS PER ACRE; AND PROVIDING AN EFFECTIVE DATE. Schedule of Public HearinQs: Tuesday, February 21,2006 before the Community Development Board, at 1 :00 p.m. Thursday, March 02, 2006 before the City Council (1st Reading), at 6:00 p.m. Thursday, March 16, 2006 before the City Council (2nd Reading), at 6:00 p.m. All public hearings on the ordinances will be held In Council Chambers, 3rd floor City Hall, 112 South Osceola Avenue, Clearwater, Florida. Interested parties may appear and be heard at the hearing or file written notice of approval or objection With the Planning Director or City Clerk prior to the hearing. Any person who decides to appeal any decision made by the Board or Council, with respect to any matter considered at such hearings, Will need to request and obtain party status by the Board during the case discussion, a record of the proceedings and, for such purpose, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based per Florida Statute 286.0105. Community Development Code Section 4-206 states that party status shall be granted by the Board if person requesting such demonstrates that s/he is substantially affected. Party status entitles parties to: personally testify, present evidence, argument and Witnesses, cross-examine witnesses, appeal the decision and speak on reconsideration requests. An oath will be administered swearing in all participants in public hearing cases. If you wish to speak at the meeting, please wait to be recognized, then state and spell your name and provide your address. Persons speaking before the CDB shall be limited to three minutes unless an individual is representing a group in which case the Chairperson may authorize a reasonable amou~t of time up to 10 minutes. The Community Development Board Will review the case and make a recommendation to the City Council for final disposition. Five days prior to the CDB meeting, staff reports and recommendations on the above requests will be available for review by interested parties between the hours of 8:30 a.m. and 4:30 p.m., weekdays, at the City of Clearwater, Planning Department, 100 S. Myrtle Ave., Clearwater, FL 33756. Please contact the Planning Department 562-4567 to discuss any questions or concerns about the project and/or to better understand the proposal. Michael Delk Planning Director Cynthia E. Goudeau, CMC City Clerk City of Clearwater P.O. Box 4748, Clearwater, FL 33758-4748 YOU ARE BEING SENT THIS NOTICE IF YOU ARE THE APPLICANT OR OWN PROPERTY WITHIN 200 FT OF THE SUBJECT PROPERTY. A COPY OF THIS AD IN LARGE PRINT IS AVAILABLE IN OFFICIAL RECORDS & LEGISLATIVE SERVICES. ANY PERSON WITH A DISABILITY REQUIRING REASONABLE ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS MEETING SHOULD CALL (727) 562-4093 WITH THEIR REQUEST. 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6645 TARPON SPRINGS FL 34688 - 7800 CLEARWATER FL 33767 - 1613 MAGRATH, JAMES P MAGUIRE, PAUL J MAJEWSKI, DENISE M TR MAGRATH, CAROL A PO BOX 2925 SCHNEIDER, CHRISTINE J 2 PRITCHARD LN SAN RAMON CA 94583 - 7925 43 LAKE ADAL YN DR WESTPORT CT 06880 - 5633 SOUTH BARRINGTON IL 60010 - 9542 MANION, JOSEPH M MANUS, GEORGE E MARRULLlER, ALAN H MANION, JANINE M 10118 BENNINGTON DR 9480 BRYNDALE WAY NE 501 MANDALAY AVE # 706 TAMPA FL 33626 - 2406 ADA MI49301 - 8854 CLEARWATER FL 33767 - 1711 MARTUCCI, MICHAEL MASTORIDES, NICHOLAS MAVITY, LEON L MARTUCCI, ELIZABETH MASTORIDES, LACEY 731 BAY ESPLANADE 2187 VIOLA DR 661 POINSETTIA AVE # 307 CLEARWATER FL 33767 - 1437 CLEARWATER FL 33764 - 3738 CLEARWATER FL 33767 - 1537 MAXWELL, GORDON W JR TRE MAZAS LAND TRUST MC CARTHY, EUGENE REV TRUST 733 MANDALAY AVE MAZAS, BILL W TRE 2505 ENTERPRISE RD CLEARWATER FL 33767 - 1432 1600 GULF BLVD # 7117 CLEARWATER FL 33763 - 1100 CLEARWATER FL 33767 - 2973 MC CLURE, JOHN M III MC CULLOUGH, JACKIE E MC CULLOUGH, JAMES LlV TRUST MC CLURE, SANDRA S MC CULLOUGH, MARLENE L1V 724 ELDORADO AVE 744 BAY ESPLANADE TRUST CLEARWATER FL 33767 - 1420 CLEARWATER FL 33767 -1411 21 IDLEWILD ST CLEARWATER FL 33767 - 1517 MC DERMOTT, JAMES T MC DERMOTT, JAMES T MC FADDEN, ARLENE S DRAPP, SHANNON M DRAPP, SHANNON M MC FADDEN, ROBERT G 501 MANDALAY AVE # 702 521 MANDALAY DR # 904 661 POINSETTIA AVE #204 CLEARWATER FL 33767 - 1711 CLEARWATER FL 33767 -1795 CLEARWATER FL 33767 - 1535 MC GINLEY, ELIZABETH A MC GOVERN, PAULINE MC KINNEY, CARMELLA C 742 MANDALAY AVE 2107 MARIANNA ST MC KINNEY, GEORGE L CLEARWATER FL 33767 - 1430 TAMPA FL 33612 - 7555 661 POINSETTIA AVE # 210 CLEARWATER FL 33767 - 1535 MC LAY, DAVID TRE MC SWEENEY, GARY W MC SWIGGIN, JAMES PO BOX 7153 MC SWEENEY, CARMEN MC SWIGGINS, CHERYL A CLEARWATER FL 33758 - 7153 20942 E GLEN HAVEN CIR 12 SAXONY ST NORTHVILLE MI48167 - 2465 CLIFTON PARK NY 12065 - 1655 MEEHAN, THOMAS P MEINHARDT, THOMAS MELLUM, TERESA D 521 MANDALAY AVE # 810 MEINHARDT, JAYN PAPPANI, CHARLENE CLEARWATER FL 33767 - 1795 1501 E MCMILLAN ST 9 CAMBRIA ST # 1 CINCINNATI OH 45206 - 2107 CLEARWATER FL 33767 - 1510 MENNA, ARM EllA 755 BAY ESPLANADE CLEARWATER FL 33767 - 1412 MEROLl, PETER 967 ELDORADO AVE CLEARWATER BEACH FL 33767 - 1020 MEROLl, PETER VON FELDT, PAUL G 967 ELDORADO AVE CLEARWATER BEACH FL 33767 - 1020 MEROLl, PETRIT 967 ELDORADO AVE CLEARWATER FL 33767 - 1020 MERRIAM, RICHARD P 717 BAY ESPLANADE CLEARWATER FL 33767 -1409 MERRITT, GORDON E 661 POINSETTIA AVE # 201 CLEARWATER FL 33767 - 1535 MESTAS, DONALD M JR MICHAEL, BASKOVICH MIHOLlCS, JOHN C MESTAS, CAROL S MICHAEL, SANDRA MIHOLlCS, MARIA T 521 MANDALAY AVE # 1108 2866 QUAIL HOLLOW RD W 18 WINGATE PL CLEARWATER FL 33767 - 1797 CLEARWATER FL 33761 - 3222 YONKERS NY 10705 - 1533 MIKHAIL, MAGUED N MILLER, DIANE LYNN MILLHOUSE, DEAN A MARZOUK, CHRISTIANE G 209 SCOTLAND ST GILL, SHARON R 591 BEL TED KINGFISHER DR N DUNEDIN FL 34698 - 6957 704 BRUCE AVE PALM HARBOR FL 34683 - 6149 CLEARWATER FL 33767 - 1415 MOMESSO, NOELLA MOMESSO, SERGIO F MONIN, OLIVIER MOMESSO, SERGIO MOMESSO, NOELLA NOORY MONIN, CAROLINE 10 JONQUILLE 10 JONQUILLE 2100 RANGE RD KIRKLAND QC H9H 3C4 00030- KIRKLAND QC H9H 3C4 00030- CLEARWATER FL 33765 - 2125 CANADA CANADA MOORE, PATRICIA MORAITIS, DENIS MORALES, RAUL 8 CAMBRIA ST # 302 MORAITIS, MARY MORALES, BLANCA CLEARWATER FL 33767 - 1509 147 AMBLESIDE RD 930 EL DORADO AVE DES PLAINES IL 60016 - 2652 CLEARWATER FL 33767- MORREALE, JOSEPH C JR MORRIS, MICHELLE V MORRISON, GEORGE ROBERT ALBERT 3169 SAN MATEO ST 29 GAYLORD GLEN 115 ARGYLE CLEARWATER FL 33759 - 3530 WATERBURY CT 06708 - 2100 KIRKLAND QC H9H 3H9 00030- CANADA MOSSER, RICHARD S MUNCH, MICHAEL A MURPHY, VICKI A FALASKY, DOROTHY A 661 POINSETTIA AVE # 301 12042 ROYCE WATERFORD CIR PO BOX 3505 CLEARWATER FL 33767 - 1536 TAMPA FL 33626 - 3314 CLEARWATER BEACH FL 33767- 8505 MUSCARELLA, PATRICIA NAGALE, VISHWANATH T NAGENGAST, WILLIAM E 731 ELDORADO AVE NAGALE, PUSHPAMALA V NAGENGAST, JUDITH E CLEARWATER FL 33767 - 1421 521 MANDALAY AVE # 508 925 ANDERSON FRANKTON RD CLEARWATER FL 33767 - 1793 ANDERSON IN 46011 - 8737 NAPOLI, JOHN D NATSIS, EVANGELOS NEAL, RALPH C 709 BRUCE AVE NA TSIS, MARIA NEAL, JULIE A CLEARWATER FL 33767 - 1416 622 POINSETTIA AVE 4622 OSAGE CT CLEARWATER FL 33767 - 1638 GREENBAYWI54313 - 9531 NEIL, MARIE-THERESE 31 ISLAND WAY # 201 CLEARWATER FL 33767 - 2205 NIMA HOLDINGS INC 400 EDDYSTONE AVE TORONTO ON M3N 1 H7 00030- CANADA NORTH CLEARWATER BEACH DEVELOP PO BOX 4189 CLEARWATER FL 33758 - 4189 O'CALLAGHAN, WILLIAM 738 MANDALAY AVE CLEARWATER FL 33767 - 1430 OHLEYER,SUSAN TRE 733 BAY ESPLANADE LAND TRUST 2445 TAMPA RD STE B PALM HARBOR FL 34683 - 5849 OLSON, LOUISE ETIENNE, JOY 14770 SHIPWATCH TRCE # 1930 LARGO FL 33774 - 5747 P R M IIINV CORP INC 584 BAY ESPLANADE CLEARWATER FL 33767 - 1613 PACK, JAMES D PACK, MARY B 30146 E TOPAZ DR SCOTTSDALE AZ 85258 - PALM PAVILION CLWR INC 18 BAY ESPLANADE CLEARWATER FL 33767 - 1603 PANOS, CHRIST PANOS, AMALIA 818 MARSHALL DR DES PLAINES IL 60016 - 5946 NELSON, EARL G NELSON, GLORIA M 2060 ARCADE ST ST PAUL MN 55109 - 2565 NINE CAMBRIA CONDO ASSN 750 ROLLING HILLS DR PALM HARBOR FL 34683 - 3015 NOSTIMO INC A TTN TAX DEPT ONE HESS PLZ WOODBRIDGE NJ 07095 - 1229 OCEAN BREEZE LLC 200 BRIGHTWATER DR # 2 CLEARWATER FL 33767 - 2452 OLIVER, BRIAN C OLIVER, JEANINE H 3739 MULLENHURST DR PALM HARBOR FL 34685 - 3661 ORISSA PROPERTIES L TD 31 BROAD ST ST HEllER JERSEY JE4 CXW 00000 CHANNEL ISLANDS P S B CREDIT SERV INC PO BOX 38 PRINSBURG MN 56281 - 0038 PAGE, PATRICIA A 710 ELDORADO AVE CLEARWATER FL 33767 - 1420 PALMA, GEORGE 32 FORGE DR DOWNSVIEW ON M3N 2R3 00030- CANADA PAPPAS, GEORGE J PAPPAS,DEMETRA 710 MANDALAY AVE CLEARWATER FL 33767 - 1430 NICHOLAS, JERRY 3002 STRAWBERRY RD #OFC PASADENA TX 77502 - 5230 NOLL, STEPHEN A NOLL, DEBORAH V 501 MANDALAY AVE # 701 CLEARWATER FL 33767 - 1711 NOTO, PETER NOTO,MARY 18 PERRYWINKLE WAY WEBSTER NY 14580 - 4217 OGILVIE, SCOTT 18 GLENDALE ST # 1 CLEARWATER FL 33767 - 1566 OLIVER, ROBERT OLIVER, CHARLOTTE B 521 MANDALAY AVE # 1210 CLEARWATER FL 33767 - 1797 OSTROWSKI, JOZEF OSTROWSKI, RENATA 39 ACACIA ST CLEARWATER FL 33767 - 1404 P S B CREDIT SERVICES INC 508 3RD ST PRINSBURG MN 56281 - 3700 PAGE, PATRICIA A PAGE, MARGARET L . 710 ELDORADO AVE CLEARWATER BEACH FL 33767- 1420 PANORAMA ON CLEARWATER BEACH L 483 MANDALAY AVE STE 209 CLEARWATER FL 33756 - 5521 PAPPAS, NICK PAPPAS, JOANNE 717 MANDALAY AVE CLEARWATER FL 33767 - 1431 JOHNS",,~, POPE, BOKOR, RUPPEL & BUR1'r'), LLP ATTORNEYS AND COUNSELLORS AT LAW E D ARMSTRONG III BRUCE H BOKOR JOHN R BONNER, SR · GUY M BURNS JONATHAN S COLEMAN MICHAEL T CRONIN ELIZABETH J DANIELS BECKY FERRELL-ANTON COLLEEN M FLYNN RINAT HAD AS MARION HALE SCOTT C ILGENFRIlZ FRANK R JAKES TIMOTHY A JOHNSON, JR SHARON E KRICK ROGER A LARSON LEANNE LETlZE ANGELINA E LIM MICHAEL G LITTLE CHIH-PIN LU' MICHAEL C MARKHAM ZACHARY D MESSA A R "CHARLIE" NEAL TROY J PERDUE BRETON H PERMESL Y F WALLACE POPE, JR ROBERT V POTTER, JR AUDREY B RAUCHW A Y DARRYL R RICHARDS PETER A RIVELLINI DENNIS G RUPPEL' CHARLES A SAMARKOS PHILIP M SHASTEEN JOAN M VECCHIOLI STEVEN H WEINBERGER JOSEPH J WEISSMAN STEVEN A WILLIAMSON 'OF COUNSEL PLEASE REPLY TO CLEARW A TER December 20, 2005 Mr. Michael Delk City of Clearwater Planning Director Municipal Services Building, 2nd Floor 100 S. Myrtle Avenue Clearwater, FL 33756 o ~(C~~~~ !"r\ ;11 I j J DEe 22m ~ :..::!) Via Email and U.S. Mail Re: Old Florida District Redevelopment PLANNING & DEVELOPMENT SERVICES CITY OF CLEARWATER Dear Mr. Delk: On behalf of property owners in the Old Florida District, we hereby submit a petition requesting the maximum height of buildings in the Old Florida District be set at 75 feet. This petition has been signed by over 70% of the property owners in the Old Florida District (hereinafter, the Old Florida Group). Many members of the Old Florida Group attended the community meetings regarding the future of the Old Florida District. Following the Visioning sessions, the Old Florida Group came before the City Council on this matter and voiced its desire for the Old Florida District to be modified to be consistent with Height Option #1, that was presented at the community meetings, a copy of which is attached. The Old Florida Group believes that Height Option #1, with its maximum building height of 75 feet, is the appropriate height for the Old Florida District, and requests that its petition be placed of record with the City and forwarded to the City Council. Ene. cc: Clearwater City Council CLEARWATER OFFICE 911 CHESTNUT ST POST OFFICE BOX 1368 (ZIP 33757-1368) CLEARW A TER, FLORIDA 33756-5643 TELEPHONE (727)461-1818 TELECOPIER (727) 441-8617 TAMPA OFFICE 403 EAST MADISON STREET SUITE 400 POST OFFICE BOX 1100 (ZIP 33601-\100) TAMPA, FLORIDA 33602 TELEPHONE (813) 225-2500 TELECOPIER (813) 223-7118 -- T/-l _L -- ( ~---- ---.- , CIr __ _-" ,,~ ,';- . , ~''''~ '..- ~. SIft 1>UN - HllGffT OJ'11ON ~, ~ ~ f:~ _~''-~l~ . ~'" l:lIlIUlIM;IINIIJ ~[:1 ..\,..... ------1 48 II TE. 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I I II CD\ \ \ 0..' . . \0 -----";LLJ, I. l \ Ba~E, cg I , I ' f I i \ I I r I : I i fl II i ' I i J I , , / , f I r ! ,~ ..... 1 I I , I , I ! I ' I /1 Old Florida District Boundaries o 125 250 500 - - ~ 750 ~ o -e ~ ~ ~ ~ ca Q) (} ... 11~~1 ~:~~~:c:~~~~~~~~; ~~~~: ~~:c~;~ Florida District shall have a 75'maximum building height. (measured using the identical standard Name Phone 1. ~~. ~ W,tI../lfltf ~1J4kA::Mb N-1J-,;7~P:3 2. 'MI~ ~_ Mc)..J,c. Fe.(j"::'''"\. '-1'11-/'-1'75 3. /;;,!-------;t ~ /(p,JICJtr /,A - UNNPCv<" '1tf! ..-(t-(? J 4.-r;1L.L~~' ~r--:. #</yt/~{) 5. ~ ~~~ (: ~ ~lt\wVl (01'\11.') 4'4-1. l;1t2.1 9 0 ;;/L. Wl"~ -rhe,a<-'" /-1)",- 6. 'uf? ~-- 7.~)/ ~ ~.,t~ ,/t(frdt5"f/lV 5"~- ?~60 8. if / ~ 9.p.//. 10. r P n n /)- 17 Property ~,;JS - ~~? .&4/ As/~.,f-A.e 1/3/1Jf" "'-5 {!)o.1 E.."/Jt>.",c...h. ,6 6 r 1)11 r j[ J !'LJJfVj)JJ/[ b"85" 54( E'ft'1~ <02.( f!:At z-~/tkJA~~ t:. D '1 ~ 1 fA!-1o<.- S 1+v..L <rj '3./o.S q /J 10J 7- 3 -~- '1 ,'~ O~ ./ 9 .-:s -os ~ >"7 6',I,P 81/1t#;fI de-- '1 ~~ 05 to 7 dJ"j}' E!?~~ <-eo? V'" Iti! d-O ~ "M~ J'l ~-6,e/A:-' 9/~r jJ jJ~//Ldzl / We, the undersigned, concur the Old Florida District shall have a 75" .., . for adjacent Districts 00 the Beach). Il1llXlmum bwldmg heIght. (measured USlnKthe identical standard Name J.~~ct, _ ~,,~7-L/~;:<;7-!Z,-./%. proS. ~A/rJ ,0 Wjr. "r ddck1~-U.ht..LL- . 33767 2.(~-Z..i'-u<<d!J(~ /3 ~&tACGS7- r!il.</~ 72.-7-C.3'7-0/~ 3. (L J ~-M' lv g CI!Jm6J!../t<- Sr c..CtU ~ K 7z..7- 63'7 -J137 4. J~u~~ (lrta-u 6c- ~ LtP-Pcf VZ I/tc:r :(600 20 0Cb0 (),1{E - ~ I!e4- k %( -- 61 Ou 1i/7hn '727 4'Ih~u ~ CIJrrvbr)t:e 5I-::fr:<j 1 < ;J.2 /f..H .tJt1u... '7 7 (]~ ~ rc... 7:) 7 </'f'j 8<f70 d~ I ~ f3IiJPH I E L()(J!kR..ETt~ ~91/;/flL,()tV'ST 9. ~ogdQ~Gfl-EC, ~A-uAe~ 10. ~~ 0~ ~d-~mep..~~ -,- 10 IV\ j=Sl.{1(J D) . 5. 6. !<;RJ 7.Ur1 <, o 8. , " G 1'7 $A?1 E:-s (/LA'1JI4-D {; _ 7Zi-cpf'2_-g-t/-:q I '1~7 - t-fLrIo -3 '[ Lf/- We, the undersigned, concur the Old Florida District shall have a 75'maximum building height. (measured using the identical standard for adjacent Districts on the Beach). Property (Do2 ?,[)/l1~e1/;q AJe, Name Phone 1. ~/S<l1""f';f.;.Mt1j 7c'L{fC~ . 'j,p-eeZewCfY hJeL ft~l-{:r~-t 1-~ f ;}~S~ / (~ 2. ,,)~ cD, ft/) c d,'// ;L 7-.;1 I J; r:1(;tA/j!SJ 3. (j)OJ(t{~ ~- fi</Td&t7!tNSl1' (pq~- 5.,/ -,', Cf90 :J. 'l? I d10 wi/o) a- fL-- (g38" ') ~~ r- LL) ~-:- - ,,----~~..:~..~::. ,- f\ yQ- 8.1~ J tb 9.~J ~~ "2.c,,-?/gz'O ~uNRA'56 ~ri5~ ltltJ...-.51o~v 10. 7. '1~4'Ol9.5 ~ ~<(5 ..sc(cfz-- 6/1-'f~Sf~/}I1. 04 So ptI~eRJ;e:ro ff 0 SUM/J1~5fl AV~ i ~Ob 8# €SPL-,4-ND~ 5?1 fj.~, E)/J{o.J~ ;) I (Yl4.v D p..L,PI-1 (?OY~GD "2~ ;:: - ) ILl "TOLEWICI/ ( 3 6 j - <7 0 ~~) 1), 'I j)C ~ tV. I CD ~t? 1fJL~W I LV /<7 J:2/ ~$4,,/. ~o '3> \\\~-.>..~ ~,~'-\ o 57 m"-~-7; fdoq \1 ~N-i*f *ve We, t~e under~i~ed, concur the Old Florida District shaJlhave ,. .. . for adjacent DIstncts on the Beach). / a 75 m.,,,murn bwldmg height. (measured using the identical standard f I \ \ Phone \ ) L[Lf ~ 16 6D 12-::' -7)<:; )" 4. I I I I I ( Property 6":22- Po [ N') ~ ffUt q;y . 661 ~H ~~A-t--A-'1:)~. . /tJ 8'7 E'?p!Cl/7ctcl~ , ) '? 8a:tf~p(ozr7ak ~ ?fbltfttM~/ ~6 3 h-y ~I!~~ -L ~()~ .;Jt, Name ~~~~ 2. ~l- j. i,~ 1. 3. Ki (1 HOI r( l;-I-f-() '1 t('-/;3-t('}1 G- ~Jt '-fL/7-Y3+1 1q~-oozl lS'43-7JO ~ 5. 8. 9. 10. We, t~e undersigned, concur the Old Fl' .. for adjacent Districts on the Beach) onda DIStrict shall have a 75'maximum b 'ld' . Ul mg height. (measured using the identical standard Name .1.~ ~ ~ v ~Y\ 'I A'{v 1L-f'rfL-.- 2.~ &~\.... M1 y~~ ~/ &1J--rv'l\...- 1011-"\ r~ ~ .> \..J.--V'- L ~ r. yA-"{\...ct-.P<L- ~ ..s.~l..- ~ .+-I/'71"\V' f~ ~'\(7 "",i4'c. Phone Prooerty 'J.. :> A-v~ f: 1v ~ e..J"- ') "}- =t G8G 4-4 '34- 7~) 6 <S-b 4-Gf-'3.'f J--o ~l~ ~/ 5. -7 "V-} 6&(; 4 4 3 Y ?- y.:r 6~G 4-41y "::')")-r G~b 447.y ':J y~' 686 <+C(~~ \ S- ,Av~ sV; U/t/ 3. ,-6 t~~~ &tyQ.e..,(/ 4. 'y)' Av~ ((}v~~ I .,/' -Av~ drY~f-. 'yT 6. 8. ~ ~ Id--^-/' 'L.- ~ v\ Y ~ IZW ~ S; ~. I '--' ~Y\.7A '('-IlL..YL. .:}->-+ G <fb 4-6.. 3 V I:; 5tYVI ~ ~/ ~ez(- I <t g~~ ~d~ 7. --J ~ +- 6-&'0 y ~ J l( 9. 10 We, the undersigned, concur the Old Florida District shall have a 75'maximum building height. (measured using the identical standard for adjacent Districts on the Beach). Name Phone ~ 777- lfLf2-('o50 0[0 ~ ()- 30 OL<g J-b ;ty ~ 31 ~J2q 0'~b~ (; C)6 IJO bC(9 6'13 bSCt 2. , rYJ S p-o L--I 3. 4. 5. ~()~ lftSi- 6. V~LIJ D"8$ D.-~ pQ...\;- v-J ~~C( 0~ 7, " 8. 9. ...... 10.1 .~ ~ f\Il f3Wu Prooerty MANOA-cA-Lf Av G M ftN 0 i4-LA- Cf r'\-J 6 r- Av A-~ON AV f:::; ,::tv AvON J4v)4lAJN Av Al/ON fr1 AN o4~ AI A\J ~ JIZ1AND4L-r'tY A-JG BA'1 ~ ~Lf\-e'l 0 t:" AVe BA-'1 ~S PL.-At::> DE, /fJ!2: P.OLf A L-- wAY -'l~ B A'-f -S 'S pL.-AJ-l c:2i\lb BA~ e<)p~~~~oE: ~ BA~ ~sPu4~O~ Nf A-J Ie- A-\Jb We, the undersigned, concur the Old Florida District shall have a 75'maximum building height. (measured using the identical standard for adjacent Districts on the Beach). Name 2. 4. 6. 7. 8. 9. 1. 3. 5. 10. ~7 /fI\JrJ~ ~~Jk./lI '1 ~.~ j:/. fd~ XL ~L' Phone 10r- S"598' -'1-0/- ~~s1g 41..f'j - 10'1'1 / - /YJ/}t\/O~f ' Property C!:) 75' J4.E, ~7S7n~ &7 J... 1J 1"71 S e -H I~/... ;lfr-+':> /' We, the undersigned, concur the Old Florida District shall have a 75'maximum building height. (measured using the identical standard for adjacent Districts on the Beach). Phone Pro e 1. ~FJ Lf/j:J -39'??7 6/1 /JAyh;P~,rVH.J',--,<- t;~4 .IP?#-VAr h, y 2. 3. 4. 5. 6. 7. 8. 10. S-~// '- ~Wt? 5'9'1' jJ#y'&r};tp/J::;-'- ~ tJ:;( I?;;I ~~# If?(' Y 9. We, the undersigned, concur the Old Florida District shall have a 75'maximum building height. (measured using the identical standard for adjacent Districts on the Beach). ,~\-vv~ \,.\.U~ Phone LlA::-1 '!b1 'Lr' "lii'- z,c>Y" bULl Pro 1. Cz 1 (( - "'f.J1./\ ~ G~t3IC;'O;,~Y8/ G~o~G>t G ~ 8' G G ;l. f?,tI\~'.l.hrf' ...~ . I 2. :John f)( PoI'1;2~Cl .rJ ~ (7]'1) y~~ -C;7'>~ f11 d'^a c cJ {U2sc,.f , ~ .,. ~/O~. 3. 4. 5. 6. 7. 8. 9. 10, We, the undersigned, concur the Old Florida District shall have a 75'maximum building height. (measured using the identical standard for adjacent Districts on the Beach). 1. 'f(m'e:f: ~b()y[~nJ 2. JJ.J"-, 0 ~ <673 (0 fa ;>. - s- C;-C;9 /tJ-s' fit Prooertv (t)ol .0tfru~ ~ QJ.~,0-. ~37&7 8~~1 ~ ~d~ Name Phone 3. 4. 5. 6. 7. 8. 9. 10 We, the undersigned, concur the Old Florida District shall have a 75'maximum building height. (measured using the identical standard for adjacent Districts on the Beach). 1. L, :bft-f); D S fI Flrtt ,) (:S:ffe:lhe _ F~PIc. fr:.c fqf::""T{;:s Phone "i?t3- 2-2,..~- (.C/o Property Name ~ 0 / /YtA-d~AL.1t t 2. 3. 4. 5. 6. 7. 8. 9. 10 We, the undersigned, concur the Old Florida District shall have a 75'maximum building height. (measured using the identical standard for adjacent Districts on the Beach). Name Phone Prooertv 1. ~16 Uel()~11 8 flit . ~RfN S05~S't- L.fL/6- G q? S 2. 3. 4. 5. 6. 7. 8. 9. 10 We, the undersigned, concur the Old Florida District shall have a 75'maximum building height. (measured using the identical standard for adjacent Districts on the Beach). Name 1. 't ~ i L (. II \ (\G.,,\ 1 )lL)i~ wl 2. 3. 4. 5. 6. 7. 8. 9. 10. ~tv~ Phone Id- '7 - tfo'>J -ariD 1; Pro e , ~ t5r(fltJ'J.- We, the undersigned, concur the Old Florida District shall have a 75'maximum building height. (measured using the identical standard for adjacent Districts on the Beach). Nam~~ 1. - 2. -3. 4. 5. 6. 7. 8. 9. 10. Phone SAt. ~L-U we. 701/2-72- PrODertv /ifI4f1ACrc ~I/ fbilt.ki/ //f We, the undersigned, concur the Old Florida District shall have a 75'maximum building height. (measured using the identical standard for adjacent Districts on the Beach). Name 1~ 4r- Phone Property tJ~? ,64 (/cb eLte/ ~C- / tP 7- ;t 78- 8"/2'/ 2. 3. 4. 5. 6. 7. 8. 9. 10. r:; ".. ,,,,,,,,' CITY OF CLEARWATER NOTICE OF AMENDMENTS TO BEACH BY DESIGN The City of Clearwater, Florida, proposes to adopt the following ordinance: ORDINANCE NO. 7546-06 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA MAKING AMENDMENTS TO BEACH BY DESIGN: A PRELIMINARY DESIGN FOR CLEARWATER BEACH AND DESIGN GUIDELINES; BY AMENDING SECTION II. FUTURE LAND USE, SUBSECTION A. THE "OLD FLORIDA" DISTRICT BY REVISING THE USES, BUILDING HEIGHTS, STEPBACKS, SETBACKS, LANDSCAPING AND PARKING ACCESS ALLOWED IN THE DISTRICT; BY AMENDING SECTION II. FUTURE LAND USE, SUBSECTION C. MARINA RESIDENTIAL DISTRICT BY DELETING THE REFERENCE TO A L1VE/WORK PRODUCT; BY AMENDING SECTIONS V.B AND VII.A BY CLARIFYING TRANSFER OF DEVELOPMENT RIGHT PROVISIONS; AND PROVIDING AN EFFECTIVE DATE. Schedule of Public HearinQs: (Contd from 12/20/05).Tuesday, January 17, 2006 before the Community Development Board, at 1 :00 p.m. Thursday, January 19, 2006 before the City Council (1st Reading), at 6:00 p.m. Thursday, February 02, 2006 before the City Council (2nd Reading), at 6:00 p.m. All public hearings on the ordinances will be held In Council Chambers, 3rd floor City Hall, 112 South Osceola Avenue, Clearwater, Florida. Interested parties may appear and be heard at the hearing or file written notice of approval or objection With the Planning Director or City Clerk prior to the hearing. Any person who decides to appeal any decision made by the Board or Council, with respect to any matter considered at such heanngs, will need to request and obtain party status by the Board dunng the case discussion, a record of the proceedings and, for such purpose, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based per Florida Statute 286.0105. Community Development Code Section 4-206 states that party status shall be granted by the Board if person requesting such demonstrates that s/he IS substantially affected. Party status entitles parties to: personally testify, present evidence, argument and witnesses, cross-examine witnesses, appeal the decision and speak on reconsideration requests. An oath will be administered swearing in all participants in public hearing cases. If you wish to speak at the meeting, please walt to be recognized, then state and spell your name and provide your address. Persons speaking before the CDB shall be limited to three minutes unless an IndiVidual is representing a group in which case the Chairperson may authorize a reasonable amount of time up to 10 minutes. The Community Development Board will review the case and make a recommendation to the City Council for final disposition. Five days prior to the CDB meeting, staff reports and recommendations on the above requests will be available for review by interested parties between the hours of 8:30 a.m. and 4:30 pm, weekdays, at the City of Clearwater, Planning Department, 100 S. Myrtle Ave., Clearwater, FL 33756. Please contact the Planning Department 562-4567 to discuss any questions or concerns about the project and/or to better understand the proposal. Michael Delk Planning Director Cynthia E. Goudeau, CMC City Clerk City of Clearwater P.O. Box 4748, Clearwater, FL 33758-4748 A COPY OF THIS AD IN LARGE PRINT IS AVAILABLE IN OFFICIAL RECORDS & LEGISLATIVE SERVICES. ANY PERSON WITH A DISABILITY REQUIRING REASONABLE ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS MEETING SHOULD CALL (727) 562-4093 WITH THEIR REQUEST. Ad: 01/02/06 & 1/23/06 ~ ~ N;~~E OF AMENDMENTS TO BEACH BY DE~:GN The City of Clearw~r, Florida, proposes to adopt the following ordinance (Contd from 11/15/05): ~ ORDINANCE NO. 7546-06 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA MAKING AMENDMENTS TO BEACH BY DESIGN: A PRELIMINARY DESIGN FOR CLEARWATER BEACH AND DESIGN GUIDELINES; BY AMENDING SECTION II. FUTURE LAND USE, SUBSECTION A. THE "OLD FLORIDA" DISTRICT BY REVISING THE USES, BUILDING HEIGHTS, STEPBACKS, SETBACKS, LANDSCAPING AND PARKING ACCESS ALLOWED IN THE DISTRICT; BY AMENDING SECTION II. FUTURE LAND USE, SUBSECTION C MARINA RESIDENTIAL DISTRICT BY DELETING THE REFERENCE TO A L1VE/WORK PRODUCT; AND PROVIDING AN EFFECTIVE DATE. Schedule of Public Hearinas: Tuesday, December 20,2005 before the Community Development Board, at 2:00 p.m. Thursday, January 19, 2006 before the City Council (1st Reading), at 6:00 p.m. Thursday, February 02, 2006 before the City Council (2nd Reading), at 6'00 p.m. All public heanngs on the ordinances will be held in CounCil Chambers, 3rd floor of City Hall, 112 South Osceola Avenue, Clearwater, Florida. Interested parties may appear and be heard at the hearing or file written notice of approval or objection with the Planning Director or City Clerk pnor to the hearing. Any person who decides to appeal any deCision made by the Board or Council, with respect to any matter considered at such hearings, will need to request and obtain party status by the Board during the case discussion, a record of the proceedings and, for such purpose, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based per Florida Statute 286.0105. Community Development Code Section 4-206 states that party status shall be granted by the Board if person requesting such demonstrates that s/he is substantially affected. Party status entitles parties to: personally testify, present evidence, argument and witnesses, cross-examine witnesses, appeal the deciSion and speak on reconsideration requests. An oath will be administered swearing in all partiCipants in public heanng cases. If you wish to speak at the meeting, please wait to be recognized, then state and spell your name and provide your address. Persons speaking before the CDB shall be limited to three minutes unless an individual IS representing a group in which case the Chairperson may authorize a reasonable amount of time up to 10 minutes. The Community Development Board will review the case and make a recommendation to the City Council for final disposition. Five days prior to the CDB meeting, staff reports and recommendations on the above requests Will be available for review by interested parties between the hours of 8:30 a.m. and 4:30 p.m., weekdays, at the City of Clearwater, Planning Department, 100 S. Myrtle Ave., Clearwater, FL 33756. Please contact the Planning Department 562-4567 to discuss any questions or concerns about the project and/or to better understand the proposal. Michael Delk Planning Director Cynthia E. Goudeau, CMC City Clerk City of Clearwater P.O. Box 4748, Clearwater, FL 33758-4748 A COPY OF THIS AD IN LARGE PRINT IS AVAilABLE IN OFFICIAL RECORDS & lEGISLATIVE SERVICES. ANY PERSON WITH A DISABiliTY REQUIRING REASONABLE ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS MEETING SHOULD CALL (727) 562-4093 WITH THEIR REQUEST. Ad: 12/04/05,01/01/06 & 01/15/06 ALBRECHT, YVETTE 16 ASHENDEN WALK FARNHAM COMMON BUCKS SL23UF 00009- UNITED KINGDOM KRAMER, TERESA A RADFORD, MAXWELL M 55 LAUREL ST CLEARWATER FL 33767 - 1106 CHARBONEAU, RENEE A PO BOX 914 BRANDON FL 33509 - 0914 PRESTON, MICHAEL G TRE 419 EASTSHORE DR CLEARWATER FL 33767 - 2028 P R M II INV CORP INC 584 BAY ESPLANADE CLEARWATER FL 33767 - 1613 HESS PROPERTIES II LLC 305 WINDWARD IS CLEARWATER FL 33767 - 2328 PENTHOUSE SHORES ASSN INC 661 POINSETTIA AVE CLEARWATER FL 33767 - 1561 NICHOLAS, JERRY 3002 STRAWBERRY RD #OFC PASADENA TX 77502 - 5230 LA RISA DEVELOPMENT CO LLC 880 MANDALA Y AVE # C-908 CLEARWATER FL 33767 - 1219 LEWINSKI, WOJCIECH LEWINSKI, HANNA 60 SOMERSET # 3 CLEARWATER FL 33767 - 1543 \. . .. DEAN REAL ESTATE INV INC 647 BAY ESPLANADE CLEARWATER FL 33767 - 1617 KRAMER, TERESA A RADFORD, MAXWELL M 55 LAUREL ST CLEARWATER FL 33767 - 1106 CZIPRI, BRENDA K TRE 334 EAST LAKE RD STE 338 PALM HARBOR FL 34685 - 2427 DE BENEDITTIS, FRANK DE BENEDITTIS, NANCY 4602 104TH ST CORONA NY 11368 - 2813 SCHAPER, CHARLES F 580 BAY ESPLANADE CLEARWATERFL 33767 -1609 LA RISA DEVELOPMENT CO LLC 880 MANDALA Y AVE # C-908 CLEARWATER FL 33767 - 1219 FITZGERALD, RONALD 665 POINSETTIA AVE CLEARWATER FL 33767 - 1530 LA RISA DEVELOPMENT CO LLC 880 MANDALA Y AVE # C-908 CLEARWATER FL 33767 - 1219 COQUINA APTS INC 692 BAY ESPLANADE CLEARWATERFL 33767 -1500 HALGREN, RALPH W HALGREN, VELORA B 56 SOMERSET ST CLEARWATER FL 33767 - 1543 BA Y ESPLANADE PROPERTIES LLC 64 BAY ESPLANADE CLEARWATER FL 33767 - 1608 RUSULIS, ELAINE TRE 31 ISLAND WAY # 602 CLEARWATER FL 33767 - 2206 PORPOISE INN INC 609 CYPRUS AVE CLEARWATER FL 33767 - 1621 108 5TH ST LLC 9 SUNSET BAY DR BELLEAIR FL 33756 - 1644 KOZIK, CHRISTIAN A KOZIK, ROBERT D 852 NARCISSUS AVE CLEARWATER FL 33767 - 1131 LA RISA DEVELOPMENT CO LLC 880 MANDALA Y AVE # C-908 CLEARWATER FL 33767 - 1219 DOM, MARY 65 SOMERSET ST CLEARWATERFL 33767 - 1547 LA RISA DEVELOPMENT CO LLC 880 MANDALA Y AVE # C-908 CLEARWATER FL 33767 - 1219 LEWINSKI, HANNA LEWINSKI, WOJCIECH 661 POINSETTA AVE #306 CLEARWATER FL 33767 - 1537 FRIARS MINOR ORD OF ST FRANCIS PROVINCIAL CURIA 147 THOMPSON ST NEW YORK NY 10012 - 3110 BUNDY, RUSSELL H NORGORDT, HANNAH K 42 SOMERSET ST CLEARWATER FL 33767 - 1543 FLORIDA POWER CORP PO BOX 14042 ST PETERSBURG FL 33733 - 4042 CZIPRI, BRENDA K TRE 334 EAST LAKE RD STE 338 PALM HARBOR FL 34685 - 2427 BDSCHEN, ELSIE R REV TRUST BOSCHEN, ELSIE R TRE 675 MANDALA Y AVE CLEARWATER FL 33767 - 1526 AMERPOL HOTELS & MOTELS INC 428 MINER ST BENSENVILLE IL 60106 - 2657 CZIPRI, BRENDA K TRE 334 EAST LAKE RD STE 338 PALM HARBOR FL 34685 - 2427 rLORIDA POWER CORP PO BOX 14042 ST PETERSBURG FL 33733 - 4042 FORLINI, DOMENICO G 808 MANDALAY AVE CLEARWATER FL 33767 - 1324 CZIPRI, BRENDA K TRE 334 EAST LAKE RD STE 338 PALM HARBOR FL 34685 - 2427 '- NIMA HOLDINGS INC FENLON, KELLY A CHRISTENSEN, DALE K 400 EDDYSTONE AVE 9 CAMBRIA ST # 4 CHRISTENSEN, WENDIL YN C TORONTO ON M3N 1H7 00030 CLEARWATER FL 33767 - 1510 2431 ESTANCIA BLVD CLEARW ATER FL 33761 - 2608 CANADA MUNCH, MICHAEL A SPEAR, ROBERT E TRE SPERELAKIS, NICHOLAS SR 12042 ROYCE W A TERFORD CIR 102 CARRIAGE SQUARE CT SPERELAKIS, DOLORES J TAMPA FL 33626 - 3314 HENDERSONVILLE NC 28791 - 12114 PAULMEADOWS DR 1396 CINCINNA TI OH 45249 - 1330 PASQUALE, JACK R TRE LONG, MARIAN C SPERELAKIS, NICHOLAS SR PASQUALE, PATRICIA A TRE 661 POINSETTIA AVE # 104 SPERELAKIS, DOLORES J 1433 NORMAN DR CLEARWATER FL 33767 - 1534 12114 PAULMEADOWS DR DARIEN IL 60561 - 4434 CINCINNATI OH 45249 - 1330 SMITH, RUPERT W JR HILDEBRAND, WILLIAM 0 JR FOLEY, DONALD F SMITH, IRENE V 661 POINSETTIA AVE # 107 FOLEY, CATHERINE G 661 POINSETTIA AVE # 106 CLEARWATER FL 33767 - 1534 661 POINSETTIA AVE # 108 CLEARWATERFL 33767 -1534 CLEARWATER FL 33767 - 1534 MC SWEENEY, GARY W 1066363 ONTARIO LTD MERRITT, GORDON E MC SWEENEY, CARMEN 152 CLARENDON ST 661 POINSETTIA AVE # 201 20942 E GLEN HA VEN CIR SOUTHAMPTON ON NOH 2LO CLEARWATER FL 33767 - 1535 NORTHVILLE MI 48167 - 2465 00030 - CANADA BEARDSLEY, JAMES M BERETA, STANLEY D TRE MC FADDEN, ARLENE S 15 MAYFAIRLN 661 POINSETTIA AVE # 203 MC FADDEN, ROBERT G BUFFALO NY 14201 - 1522 CLEARWATERFL 33767 -1535 661 POINSETTIA AVE #204 CLEARWATER FL 33767 - 1535 PIOLI, RICHARD T TRE THOMPSON, MICHAEL S MORRISON, GEORGE ROBERT PIOLI, ROBERTA B TRE THOMPSON, MARIA ALBERT 750 ISLAND WAY # 402 BRENDON FEN POND RD 115 ARGYLE CLEARWATERFL 33767 -1820 IGTHEHM KIRKLAND QC H9H 3H9 00030- NEAR SEVEN OAKS CANADA ---- -- -- - - - -- . - - - - ROLLINSON, ANN C ARMBRUSTER, JOHN MC KINNEY, CARMELLA C 1364 ELLINGTON RD 661 POINSETTIA AVE # 209 MC KINNEY, GEORGE L SOUTH WINDSOR CT 06074 - CLEARWATER FL 33767 - 1535 661 POINSETTIA AVE # 210 2600 CLEARWATER FL 33767 - 1535 MOSSER, RICHARD S W,OSCHITZ, EVA TRE LENTRICCHIA, DOMENICK 661 POINSETTIA AVE # 301 302 POINSETTIA LAND TRUST LENTRICCHIA, KARIN CLEARWATER FL 33767 - 1536 10 COURTWOOD PL 814 NARCISSUS AVE TORONTO ON M2K I Z9 00030- CLEARWATER FL 33767 - 1334 CANADA HA YS, WILLIAM D LETOURNEAU, WILLIAM T LEWINSKI, WOJCIECH 661 POINSETTIA AVE # 304 HIRSCH, DEBORA A LEWINSKI, HANNA CLEARWATER FL 33767 - 1536 395 16TH ST 661 POINSETTIA AVE # 306 NEWPORT MN 55055 - 1061 CLEARWATERFL 33767 -1537 MAVITY, LEON L 661 POINSETTIA AVE # 307 CLEARWATER FL 33767 - 1537 ROZENITS, FRED ROZENITS, ANNA 31 ISLAND WAY # 1002 CLEARWATER FL 33767 - 2207 HANGHOFER, ADELHEID G 676 MANDALAY AVE # 112 CLEARWATER FL 33767 - 1527 ARIS INVESTMENTS INC 39 STRATHEDEN RD TORONTO ON M4N I ES 00030- CANADA BRANDST ADTER, STEPHAN M SEN, STEPHANIE E 3946 N W ASHINGTON BLVD INDIANAPOLIS IN 46205 - 2639 GARBIS, WILLIAM GARBIS, GLENNA S 7900 T AMELING PALOS HILLS IL 60465 - 1672 EMERY, NEIL J EMERY, JOANN S 13101 APPLE AVE RA VENNA MI 49451 - 9755 ROWE, ROBERT B TRE ROWE, WENDY A TRE PO BOX 3711 CLEARWATER FL 33767 - 8711 DYER, FREDERICK T TRUST DYER, ROSE L TRUST 210 E GOVERNOR PL ST CHARLES MO 63301 - 4573 CRIST, JAMES G CRIST, SHARON GRASS 3124 TIFFANY DR BELLEAIR BEACH FL 33786- 3634 KIELMANN, LOTHAR E KIELMANN, WENDY 35154 LEON ST LIVONIA MI 48150 - 2668 SOMERSET CONDO ASSN INC 1299 MAIN ST DUNEDIN FL 34698 - 5333 SKANDALAKIS, JOHN SKANDALAKIS, IRENE 5080 ELDEVIEW CT MISSASSAUGA ON L5M 5A9 00030 - - - - - PANOS, CHRIST PANOS, AMALIA 818 MARSHALL DR DES PLAINES IL 60016 - 5946 SURFS IDE OF PINELLAS CONDO ASS 11 IDLEWILD ST CLEARWATER FL 33767 - 1563 BUMGARNER, DANA BUMGARNER, MARTHA 5303 ANSONIA CT ORLANDO FL 32839 - 5249 WESTER, ROBERT M TRE WESTER, PATRICIA A TRE 6 WOODGLEN ST CHARLES MO 63304 - 7609 WESTER, ROBERT M WESTER, PATRICIA A 6 WOODGLEN ESTATES DR ST CHARLES MO 63368 - SOTTILE, BENJAMIN J SOTTILE, ILEANA 24 S PARK DR TENAFL Y NJ 07670 - 3025 ROHEN, WILLIAM A 1704 N 12TH AVE MELROSE PARK IL 60160 - 2251 ~dFERT, MICHAEL E SEIFERT, NANCY S 5825 PERSIMMON DR MADISON WI 53711 - 5003 KOMIT AS, AL VINOS KOMIT AS, HELLEN 141 CITATION DR TORONTO ON M2K I T3 00030- CANADA COSTARELIS, NICK HANGHOFER, DANICA 676 MANDALAY AVE # 114 CLEARWATER FL 33767 - 1528 KOHILAKIS, STEVE KOHILAKIS, HELEN 190 ROOSEVELT BLVD HAUPPAUGE NY 11788 - 4433 WILSON, WILLIAM D JR 245 SANDRIDGE CT ALPHARETT A GA 30022 - 7064 KINNARD, LOUIS R KINNARD, LUCRETIA L VIA S MARTA 24 FIRENZE 50139 00026- IT AL Y HUNTER, RICHARD F HUNTER, PEGGY P PO BOX 3646 CHATTANOOGA TN 37404 - 0646 RASCONA, LISA RASCONA,ANTHONY 45 ELAINE DR STAMFORD CT 06902 - 8312 SHAY, BRIAN J TRE SHAY, STEPHANIE A TRE 7838 SE 22ND PL MERCER ISLAND W A 98040 - 2237 ROHEN, WILLIAM 1704N 12TH AVE MELROSE PARK IL 60160 - 2251 SHILOH INVESTMENTS INC 3133 W 300 S TIPTON IN 46072 - 8103 MANUS, GEORGE E 9480 BR YNDALE WAY NE ADA MI 49301 - 8854 TALON PROJECT 3437 aT HERDA Y CIR SHAKSPEE MN 55379 - 9615 GUNTHER, EDWARD F GUNTHER, APPLE R 3 ASTOR CT LAKE FOREST IL 60045 - 4703 NAGENGAST, WILLIAM NAGENGAST, JUDITH E 925 ANDERSON FRANKLIN RD ANDERSON IN 46011 - 8737 PORTER, THOMAS PORTER, MARCELLA 2256 VICTORIA WINDSOR ON N8X lRl 00030- CANADA IGGESUND TOOLS INC 220 SCARLET BLVD OLDSMAR FL 34677 - 3016 CORNELL, MICHAEL CORNELL, JANA 1525 WINDING WAY ANDERSON IN 46011 - 1661 HUCKER ENTERPRISES PO BOX 43 BERKELEY HTS NJ 07922 - 0043 La, JAMES K LO, KAREN A 2966 POST ROCK CT TARPON SPRINGS FL 34688 - 7309 SHILOH INV INC 3133W300S TIPTON IN 46072 - 8103 MANUS, GEORGE E 9480 BR YNDALE WAY NE ADA MI 49301 - 8854 MONIN, OLIVIER MONIN, CAROLINE 2100 RANGE RD CLEARWATER FL 33765 - 2125 SAMPSON, THOMAS A SAMPSON, CAROLYN L II SAN MARCO ST # 1202 CLEARWATERFL 33767 - 2069 TALON PROJECT 3437 OTHERDAY CIR SHAKOPEE MN 55379 - 9615 MORAITIS, DENIS MORAITIS, MARY 147 AMBLES IDE RD DES PLAINES IL 60016 - 2652 JACKSON, LANNY R JACKSON, VICKI J 15 GLENDALE ST #A17 CLEARWATER BEACH FL 33767 - 1514 EVERETT, JOE S PO BOX 803 CLEARWATERFL 33757 - 0803 ROPHIE, RALPH A ROPHIE, VANESSA 450 PALM ISL SE CLEARWATER FL 33767 - 1938 HUBER, RICHARD C HUBER, DIANE M 9217 SUNNY OAK DR RIVERVIEW FL 33569 - 5672 VILLAS OF CLEARWATER BEACH CON 15 GLENDALE ST APT A14 CLEARWATER FL 33767 - 1514 PAYETTE, R J III TRE PAYETTE, BONNIE M TRE 7946 31ST AVE KENOSHA WI 53142 - 4618 GUNTHER, EDW ARD F GUNTHER, APPLE R 286 PRAIRIE VIEW LN WHEELING IL 60090 - 3223 NAGENGAST, WILLIAM E NAGENGAST, JUDITH E 925 ANDERSON FRANKTON RD ANDERSON IN 46011 - 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3231 WEBSTER NY 14580 - 4217 KIMBERTON PA 19442 - 0561 SOW AKINAS, DA VID J MICHAEL, BASKOVICH PARKS, DANA L 2 ADALIA AVE # 408 MICHAEL, SANDRA BARKES, MICHAEL G TAMPA FL 33606 - 3315 2866 QUAIL HOLLOW RD W 11961 LOCUST LN CLEARWATER FL 33761 - 3222 COLUMBUS IN 47201 - 8964 STERNS, DANIEL CASWELL LLC GREGORY, STEVE C STERNS, DONYA 949 BRUCE AVE 4502 MARINE PKWY 2150 120TH PL SE CLEARWATER FL 33767 - 1011 NEW PORT RICHEY FL 34652 - BELLEVUE W A 98005 - 4651 3332 SOBOLESKI, JAMES W ANDRESON, DEAN CAPRI MOTEL CONDO ASSN 191 DEVON DR ANDRESON, ANN 55 SOMERSET ST # 3 CLEARWATER FL 33767 - 2439 2046 BRENDLA RD CLEARWATER FL 33767 - 1546 CLEARWATER FL 33755 - 1309 VERBAN, STEVE BOERNER, SUSANA B DE BELLIS, BARBARA VERBAN, HELEN K 112 S LAUBER WAY 55 SOMERSET ST # 3 55 SOMERSET ST TAMPA FL 33609 - 2615 CLEARWATER FL 33767 - 1546 CLEARWATER FL 33767 - 1546 WHITE, ANDREA P HESSELSCHWERDT, BERND J P ALMA, GEORGE 55 SOMERSET ST # 4 HESSELSCHWERDT, 32 FORGE DR CLEARWATER FL 33767 - 1546 BERNHARD DOWNSVIEW ON M3N 2R3 55 SOMERSET ST # 5 00030 - 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A 51 ACACIA ST CLEARWATER FL 33767 - 1404 LEARY, EDWARD B JR TRE PMB 331 30 JERICHO TPKE COMMACK NY 11725 - 3009 ZANET, PIETRO J ZANET, MICHELINA 5062 STOUFFVILLE RD RR#4 STOUFFVILLE ON L4A 7X5 00030 - _~iOMAS, DIANE B THOMAS, TERRY N 2 BIG BEAR LN PALM COAST FL 32137 - 9356 DVORNIK, DONALD F DVORNIK, SUSAN E 52 ASTER ST CLEARWATER FL 33767 - 1406 HORGAN, DANIEL B HORGAN, ROISIN A 710 BAY ESPLANADE CLEARWATER FL 33767 - 1408 COMB, JEAN J 287 PILGRIM BIRMINGHAM MI 48009 - 4610 DANIEL, HAROLD M DANIEL, JANICE V 713 BRUCE AVE CLEARWATER FL 33767 - 1416 GIRDLER, JEAN C TRE GIRDLER, NICHOLAS M TRE 732 BAY ESPLANADE CLEARWATERFL 33767 - 1410 MASTORIDES, NICHOLAS MASTORIDES, LACEY 2187 VIOLA DR CLEARWATER FL 33764 - 3738 SAGONIAS; ST AMA TINA 235 OLD OAK CIR PALM HARBOR FL 34683 - 5862 BUNDY, THOMAS C 43 ACACIA ST CLEARWATER FL 33767 - 1404 FICKEL, TERRENCE L FICKEL, RANDALL L 9917 ARCHER LN DUBLIN OH 43017 -7977 --.-- SMITH, MARK A '\ ~LLS, DARCY ,;-,TLER, BRUCE C SMITH, CHARLENE S NALEY, STEPHEN LITTLER, CAROL A 701 BAY ESPLANADE 705 BAY ESPLANADE 711 BAY ESPLANADE CLEARW ATER FL 33767 - 1409 CLEARWATER FL 33767 - 1409 CLEARW A TER FL 33767 - 1409 ROBERDS, ROGER 0 MERRIAM, RICHARD P BROWN, DEBRA P ROBERDS, ELEANOR A 717 BAY ESPLANADE GARRICK, EARL T 715 BAY ESPLANADE CLEARWATERFL33767 -1409 723 BAY ESPLANADE CLEARWATER FL 33767 -1409 CLEARWATER FL 33767 - 1409 GALASSO, MICHAEL MARTUCCI, MICHAEL OHLEYER,SUSAN TRE GALASSO, DAWN MARTUCCI, ELIZABETH 733 BAY ESPLANADE LAND 727 BAY ESPLANADE AVE 731 BAY ESPLANADE TRUST CLEARWATER FL 33767 -1409 CLEARWATER FL 33767 -1437 2445 TAMPA RD STE B PALM HARBOR FL 34683 - 5849 STAUTZ, BETSY H HUPP, ANDREW J MENNA, ARMELIA 739 BA Y ESPLANADE HUPP, LILY 755 BAY ESPLANADE CLEARWATER FL 33767 - 1437 745 BA Y ESPLANADE CLEARWATER FL 33767 - 1412 CLEARWATER FL 33767 -1437 WILLIAMS, CHRISTIAN J BROWNE, PATRICK T COYNE, JAMES P 729 BRUCE AVE 727 BRUCE AVE 190 HYATT AVE CLEARWATER FL 33767 -1417 CLEARWATER FL 33767 - 1417 YONKERS NY 10704 - 360 I JENSEN, ERIKA H TRE 723 BRUCE AVE CLEARWATER FL 33767 -1417 LINDBLOM, TIMOTHY ROBKE, MOLLY 721 BRUCE AVE CLEARWATER FL 33767 - 1417 DORMADY, DONALD R 26 EDINBORO CIR CHALFONT PA 18914 - 2262 DORMADY, DONALD 26 EDINBORO CIR CHALFONT P A 18914 - 2262 BONNINGTON, ROSEMARIE S BONNINGTON, ALEXANDER D 732 BAY ESPLANADE CLEARWATER FL 33767 -1410 FURNISS, J STEVEN FURNISS, ROBIN Z 730 BAY ESPLANADE CLEARWATER FL 33767 - 1410 GALLAGHER, PATRICK J GALLAGHER, BEVERLY B 726 BAY ESPLANADE CLEARWATERFL 33767 -1410 . NOTICE OF AMENDMENTS TO BEACH BY DESIGN The City of Clearwater, Florida, proposes to adopt the following ordinance. ORDINANCE NO, 7546-06 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA MAKING AMENDMENTS TO BEACH BY DESIGN A PRELIMINARY DESIGN FOR CLEARWATER BEACH AND DESIGN GUIDELINES; BY AMENDING SECTION II FUTURE LAND USE, SUBSECTION A. THE "OLD FLORIDA" DISTRICT BY REVISING THE USES AND BUILDING HEIGHTS ALLOWED IN THE DISTRICT; BY AMENDING SECTION II FUTURE LAND USE, SUBSECTION C. MARINA RESIDENTIAL DISTRICT BY DELETING THE REFERENCE TO A L1VE/WORK PRODUCT; AND PROVIDING AN EFFECTIVE DATE Schedule of Public Hearinas: Tuesday, November 15, 2005 before the Community Development Board, at 1 :00 p.m. Thursday, December 15, 2005 before the City Council (15 Reading), at 6:00 p.m. Thursday, January 19, 2006 before the City Council (2nd Reading), at 6:00 p m All public hearings on the ordinances will be held In Council Chambers, 3rd floor of City Hall, 112 South Osceola Avenue, Clearwater, Florida. Interested parties may appear and be heard at the hearing or file written notice of approval or objection with the Planning DIrector or City Clerk pnor to the hearing Any person who decides to appeal any decision made by the Board or Council, With respect to any matter considered at such heanngs, will need to request and obtain party status by the Board during the case diScussion, a record of the proceedings and, for such purpose, may need to ensure that a verbatim record of the proceedings IS made, which record includes the testimony and evidence upon which the appeal is to be based per Flonda Statute 286 0105 Community Development Code Section 4-206 states that party status shall be granted by the Board If person requesting such demonstrates that s/he IS substantially affected. Party status entities parties to: personally testify, present evidence, argument and Witnesses, cross~examlne Witnesses, appeal the deCISion and speak on reconsideration requests An oath will be administered sweanng In all participants In public heanng cases. If you Wish to speak at the meeting, please walt to be recognized, then state and spell your name and provide your address. Persons speaking before the CDB shall be limited to three minutes unless an individual is representing a group in which case the Chairperson may authorize a reasonable amount of time up to 10 minutes The Community Development Board will review the case and make a recommendation to the City Council for final disposition. Five days pnor to the CDB meeting, staff reports and recommendations on the above requests will be available for review by Interested parties between the hours of 8.30 a.m and 4.30 p.m., weekdays, at the City of Clearwater, Planning Department, 100 S Myrtle Ave, Clearwater, FL 33756. Please contact the Planning Department 562-4567 to diSCUSS any questions or concerns about the project and/or to better understand the proposal. Michael Delk Planning Director Cynthia E. Goudeau, CMC City Clerk City of Clearwater P.O Box 4748, Clearwater, FL 33758-4748 A COPY OF THIS AD IN LARGE PRINT IS AVAILABLE IN OFFICIAL RECORDS & LEGISLATIVE SERVICES, ANY PERSON WITH A DISABILITY REQUIRING REASONABLE ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS MEETING SHOULD CALL (727) 562-4093 WITH THEIR REQUEST. Ad 10/30/05, 11/27/05, & 01/01/06