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07/17/2008 City Council Agenda Location: Council Chambers - City Hall Date: 7/17/2008- 6 :00 PM Welcome. We are glad to have you join us. If you wish to speak, please wait to be recognized, then state your name and address. Persons speaking before the City Council shall be limited to three (3) minutes unless otherwise noted under Public Hearings. For other than Citizens to be heard regarding items not on the Agenda, a spokesperson for a group may speak for three (3) minutes plus an additional minute for each person in the audience that waives their right to speak, up to a maximum of ten (10) minutes. Prior to the item being presented, please obtain the needed form to designate a spokesperson from the City Clerk (right-hand side of dais). Up to thirty minutes of public comment will be allowed for an agenda item. No person shall speak more than once on the same subject unless granted permission by the City Council. The City of Clearwater strongly supports and fully complies with the Americans with Disabilities Act (ADA). Please advise us at least 48 hours prior to the meeting if you require special accommodations at 727-562-4090. Assisted Listening Devices are available. Kindly refrain from using beepers, cellular telephones and other distracting devices during the meeting. 1. Call to Order 2. Invocation 3. Pledge of Allegiance 4. Presentations 4.1 Service Awards ~ Attachments 4.2 Proclamation: National Marina Day ~ Attachments 5. Approval of Minutes 5.1 Approve the minutes of the June 19,2008 City Council Meeting as submitted in written summation by the City Clerk. ~ Attachments 6. Citizens to be Heard re Items Not on the Agenda Public Hearings - Not before 6:00 PM 7.Administrative Public Hearings - Presentation of issues by City staff - Statement of case by applicant or representative (5 min.) - Council questions - Comments in support or opposition (3 min. per speaker or 10 min maximum as spokesperson for others that have waived their time) - Council questions - Final rebuttal by applicant or representative (5 min.) - Council disposition 7.1 Approve the City of Clearwater's Fiscal Year 2008-09 Consolidated Action Plan, to carry forward the goals and objectives set forth in the Plan, as required by HUD, and authorize the City to enter into agreements with organizations contained in the FY08-09 Consolidated Action Plan. ~ Attachments 7.2 Approve the Annexation, Initial Land Use Plan Designation of Residential Urban (RU) and Initial Zoning Atlas Designation of Low Medium Density Residential (LMDR) District for 3147 Downing Street (Lot 1, Downing Subdivision First Addition, Section 16, Township 29 South, Range 16 East); and Pass Ordinances 7958-08, 7959-08 and 7960-08 on first reading. (ANX2008-03008) ~ Attachments 7.3 Approve the Annexation, Initial Land Use Plan Designation of Residential Low (RL) and Initial Zoning Atlas Designation of Low Medium Density Residential (LMDR) District for 1460 Dexter Drive (Lot 5, Block "B" Douglas Manor Lake Subdivision, Section 23, Township 29 South, Range 15 East); and Pass Ordinances 7961-08, 7962-08 and 7963-08 on first reading. ANX2008-03009) ~ Attachments 7.4 Approve the Annexation, Initial Land Use Plan Designation of Residential Low (RL) and Initial Zoning Atlas Designation of Low Medium Density Residential (LMDR) District for 1762 West Manor Avenue (Lot 19, Clearwater Manor); and Pass Ordinances 7968-08, 7969-08 and 7970-08 on first reading. (ANX2008-05011) @ Attachments 7.5 Approve a Development Agreement between Spinecare Properties, LLC (the property owner) and the City of Clearwater, Florida for property located at 3280/3290 McMullen Booth Road (consisting of two parcels of land including Lot 1 Geiger Tract and the east 308.25 feet of the North 114 of the Northwest 114 of Section 21, Township 28 South, Range 16 East less the south 208.75 feet and less the west 84 feet and less the east 100 feet thereof for road right-of-way and Adopt Resolution 08-06.(DV A2005-00001A) @ Attachments 8. Quasi-judicial Public Hearings -Staff states and summarizes reasons for recommendation (2 minutes) - Applicant presents case, including its testimony and exhibits. Witness may be cross-examined (15 minutes) - Staff presents further evidence. May be cross-examined (10 minutes) - Public comment (3 minutes per speaker or 10 minutes maximum as spokesperson for others that have waived their time) - Applicant may call witnesses in rebuttal (5 minutes) - Conclusion by applicant (3 minutes) - Decision 8.1 Approve a Zoning Atlas Amendment from the Business (B) District to the Commercial (C) District for property located at 1241, 1261 and 1281 Gulf Boulevard (consisting of Lot 1, Subdivision of Radisson Bayside Hotel, in Section 20, Township 29 South, Range 16 East) and Pass Ordinance 7975-08 on first reading. (REZ2008-04002) @ Attachments 8.2 Continue Public Hearing and 1st Reading of Ordinances for Land Use and Zoning Amendments for 1551 Gulf Blvd. to September 18,2008. (LUZ2008-05002) ~ Attachments 8.3 Continue Public Hearing and 1st Reading of Ordinance for Rezoning of 1180 and 1200 Gulf Blvd. to September 18,2008. (REZ2008-05003) @ Attachments 8.4 Continue Public Hearing and 1st Reading of Ordinance for Rezoning of 1520, 1540, and 1560 Gulf Blvd. to September 18, 2008. (REZ2008-05004) @ Attachments 8.5 Continue Public Hearing and 1st Reading of Ordinance for Rezoning of 1501 Gulf Blvd. to September 18, 2008. (REZ2008-05005) ~ Attachments 9. Second Readings - Public Hearing 9.1 Adopt Ordinance 7917-08 on second reading, amending the comprehensive plan of the city, by amending the coastal management element; amending the definition of coastal high hazard area; providing a method for handling parcels where a portion of the parcel is located within the coastal storm area; deleting current policy 22.2.2; prohibiting the location of new hospitals, nursing homes, and assisted living facilities within the coastal storm area and the area inundated by a category 2 hurricane as depicted by the SLOSH model; providing for cooperation with Pinellas county emergency management toward reducing the out- of-county hurricane evacuation clearance time; adopting a level of service standard for out-of-county hurricane evacuation clearance time for a category 35 storm event; renumbering some objectives and policies; providing for severability. ~ Attachments 9.2 Adopt Ordinance 7920-08 on second reading, amending the future land use plan element of the comprehensive plan of the city, to change the land use designation for certain real property whose post office address is 1500, 1510, 1520, 1530, 1540, 1550, 1560, 1570, 1580, 1590, 1600, 1610, and 1620 McMullen Booth Road, from industrial limited (IL) to commercial general (CG). @ Attachments 9.3 Adopt Ordinance 7921-08 on second reading, amending the zoning atlas of the city by rezoning certain property whose post office address is 1500, 1510, 1520, 1530, 1540, 1550, 1560, 1570, 1580, 1590, 1600, 1610, and 1620 McMullen Booth Road, from industrial research and technology (IRT) to commercial (C). @ Attachments 9.4 Adopt Ordinance 7922-08 on second reading, amending the future land use plan element of the comprehensive plan of the city, to designate the land use for certain real property whose post office address is 2723 S.R. 580, as residential/office general. @ Attachments 9.5 Adopt Ordinance 7923-08 on second reading, amending the zoning atlas of the city by zoning certain real property whose post office address is 2723 S.R. 580, as office (0). @ Attachments 9.6 Adopt Ordinance 7924-08 on second reading, amending the comprehensive plan of the city by amending the future land use element by adding an objective and policies pertaining to tourism; adopting alternative densities and intensities for overnight accommodations in the resort facilities high (RFH) land use map category consistent with the "Rules concerning the administration of the countywide future land use plan"; by adding overnight accommodations as a primary use in the industrial limited (IL) land use map category and establishing base and alternative densities for such use consistent with the "Rules concerning the administration of the countywide future land use plan"; deleting the resort facilities overlay (RFO) future land use as a future land use map category; to modify the allowable impervious surface ratio in the commercial general future land use map category consistent with the maximum allowed by the "Rules concerning the administration of the countywide future land use plan"; and making minor editorial changes; providing for severability. ~ Attachments 9.7 Adopt Ordinance 7925-08 on second reading, amending Beach By Design by establishing editorial consistency with regard to the name of the existing 600-unit Density Pool as the "Destination Resort Density Pool"; creating Section V., Subsection B. 1. entitled "Destination Resort Density Pool"; creating Section V., Subsection B.2. entitled "Hotel Density Reserve"; establishing a hotel density reserve and providing criteria for allocating the reserve; amending Section VIIm Subsection A., clarifying density limits of 50 units per acre may only be exceeded through the Destination Resort Density Pool or Hotel Density Reserve; and making minor editorial changes. ~ Attachments 9.8 Adopt Ordinance 7926-08 on second reading, amending the Community Development Code to adopt alternative densities and intensities for over night accommodations, to improve the criteria by which overnight accommodations are permitted, to adopt criteria for indoor recreation/entertainment uses where none previously existed, to further the consistency between the Community Development Code and the Comprehensive Plan, and to make other minor editorial changes. ~ Attachments 9.9 Adopt Ordinance 7942-08 on second reading, annexing certain real property whose post office address is 3290 McMullen Booth Road, into the corporate limits of the city, and redefining the boundary lines of the city to include said addition. @ Attachments 9.10 Adopt Ordinance No. 7943-08 on second reading, amending the future land use plan element of the comprehensive plan of the city, to designate that land use for certain real property whose post office address is 3290 McMullen Booth Road, upon annexation into the City of Clearwater, as institutional; and change the land use designation for certain real property whose post office address is 3280 McMullen Booth Road, from residential suburban to residential low and institutional. @ Attachments 9.11 Adopt Ordinance No. 7944-08 on second reading, amending the zoning atlas of the city by zoning certain real property whose post office address is 3290 McMullen Booth Road, upon annexation into the City of Clearwater, as institutional (I); and by rezoning certain property located on the west side of McMullen Booth Road, from low density residential (LDR) to low medium density residential (LMDR) and institutional (I). @ Attachments 9.12 Adopt Ordinance No. 7967-08 on second reading, amending Beach By Design by Amending Section VII, Subsection B, allowing for increased height for overnight accommodation uses being allocated additional density via the Hotel Density Reserve in limited locations; amending Section VII, Subsection c., modifying the design guideline governing the theoretical maximum building envelope as it pertains to overnight accommodation uses being allocated additional density via the hotel density reserve, and making minor editorial changes. @ Attachments City Manager Reports 10. Consent Agenda 10.1 Approve the first renewal of the contract with J amson Environmental to complete remediation and address off site environmental impacts of the Clearwater Automotive Salvage Yard (Brownfields Site BF97493703)at a cost of $346,913.45 and authorize the appropriate officials to execute same. @ Attachments 10.2 Approve a License Agreement with Pinellas County allowing City access to conduct soil assessments at the County Health Deparment at 310 North Myrtle Avenue. (consent) @ Attachments 10.3 Approve the RFP Review Committee ranking of responders to RFP 17-08: l)Life Force Cultural Arts Academy, Inc.; 2)Mt. Carmel Community Development Corporation of Clearwater; approve agreement with Life Force Cultural Arts Academy, Inc. for the operation, maintenance and programming of Kings Highway Recreation Center and authorize the appropriate officials to execute same. (consent) @ Attachments 10.4 Approve Supplemental Work Order 1 to Advanced Engineering and Design, Inc in the amount of $42,405.00 for additional work and design changes to Phase I of Tropic Hills Drainage Improvements Project and authorize the appropriate officials to execute same. (consent) @ Attachments 10.5 Approve a Construction Contract for the Alligator Lake Wetland Creation and Stormwater Treatment project to Ripa and Associates in the amount of $471,033.90 and authorize appropriate officials to execute same. (consent) @ Attachments 10.6 Approve a contract for the Clearwater Bayfront Promenade (05-0008-MA)to Misener Marine Constrnction of Tampa, Fl, in the amount of $1,480,139.28 and authorize the appropriate officials to execute same, and authorize staff to initiate financing of the project. (consent) ~ Attachments 10.7 Accept a 10-foot wide Water Main and Utilities Easement conveyed by the School Board of Pinellas County, Florida, over, across and under a portion of the Southwest 114 of the Southwest 114 of Section 2, Township 29 South, Range 15 East, in consideration of receipt of $1.00 and the benefits to be derived therefrom. (consent) @ Attachments 10.8 Appoint Denise L. Rosenberger to the Airpark Advisory Board with the term expiring on July 31, 2012. @ Attachments 10.9 Appoint Captain Mark Teunis from the City of Clearwater Police Department to the Enterprise Zone Development Agency to "complete a term" until July 31, 2009 and reappoint Rick DeBord from the City of Clearwater Community Response Team to the Enterprise Zone Development Agency with the term expiring on July 31, 2012. (consent) @ Attachments 10.10 Approve submitting the following nominations for the Florida League of Cities Excellence Awards: Clearwater for City of Excellence, Pam Akin for City Attorney of the Year and Doug Williams for Citizen of the Year. (consent) ~ Attachments 10.11 Approve a settlement of the case of Brenda Zega v. City of Clearwater, et aI., Case No.: 07-4286-CI-11. ~ Attachments 10.12 Approve a settlement agreement in the case of Wendy Cason v. City of Clearwater, Case No. 06-6654- CI-15, in the amount of $74,999.00 and authorize officials to execute the agreement. ~ Attachments 10.13 Approve a settlement agreement settling the case of Christina McNeil Tracey and Anchor Mini-Mart, Inc. v. City of Clearwater, Case: 07-6034-CI-15. (consent) ~ Attachments 10.14 Approve filing a third-party complaint against Post, Buckley, Schuh & Jernigan, Inc. (PBS&J) for contribution, indemnification and related causes of action for alleged wrongful design and/or constrnction of the Coronado Drive Improvement portion of the Beach by Design project in the case of Divaco, Inc. v. City of Clearwater, Case: 07-2045-CI-15. (consent) ~ Attachments 11. Other items on City Manager Reports 11.1 Adopt a proposed millage rate of 4.9550 mills for fiscal year 2008/09 and set public hearing dates on the budget for September 4,2008 and September 18,2008 to be held no earlier than 6:00 p.m. ~ Attachments 11.2 Receive and consider report of Chase Realty, Inc., with Wm. Mark Searcy as Agent, of the results of the firm/agents efforts to identify and propose suitable parcels, including letters of intent to sell said suitable parcels, for City purchase and development of a 300 space parking garage on south Clearwater Beach. ~ Attachments 11.3 Amend City code Sections 2.082 through 2.084, delete Section 2.085 relating to the Airpark Advisory Board and pass Ordinance 7982-08 on first reading. ~ Attachments 11.4 Approve submitting to the City electors on the November 4, 2008, General Election, proposed amendments to the City Charter amending Section 8.05(d), deleting current language and providing that the Pinellas County Canvassing Board shall serve as the City of Clearwater's canvassing board unless otherwise provided by ordinance and pass Oridinance 7991-08 on first reading. ~ Attachments Miscellaneous Reports and Items 12. City Attorney Reports 12.1 Ordinance 7992-08 - Amending solicitation ordinance ~ Attachments 13. City Manager Verbal Reports 13.1 City Manager Verbal Reports ~ Attachments 14. Council Discussion Items 14.1 Catholic Charities Request for Contribution for Pinellas Hope I ~ Attachments 15. Other Council Action 15.1 Other Council Action @ Attachments 16. Adjourn SUBJECT / RECOMMENDATION: Service Awards SUMMARY: 10 Years of Service Linda Leaghty Library 20 Years of Service Jeffrey Gifford Library City Council Agenda Council Chambers - City Hall Meeting Date:7 /17 /2008 Review Approval: 1) Clerk Cover Memo Item # 1 SUBJECT / RECOMMENDATION: Proclamation: National Marina Day SUMMARY: City Council Agenda Council Chambers - City Hall Meeting Date:7 /17 /2008 Review Approval: 1) Clerk Cover Memo Item # 2 Meeting Date:7 /17 /2008 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Approve the minutes of the June 19, 2008 City Council Meeting as submitted in written summation by the City Clerk. SUMMARY: Review Approval: 1) Clerk Cover Memo Item # 3 Attachment number 1 Page 1 of 15 CITY COUNCIL MEETING MINUTES CITY OF CLEARWATER June 19, 2008 DRAFT Present: Frank Hibbard George N. Cretekos John Doran Carlen Petersen Paul Gibson Also present: William B. Horne II Jill S. Silverboard Rod Irwin Pamela K. Akin Cynthia E. Goudeau Brenda Moses Mayor Vice-Mayor Councilmember Councilmember Councilmember City Manager Assistant City Assistant City Ma City Attorney City Clerk Board Reporter The Mayor called the meeting to order at 6:00 offered by Reverend Scott Hatton from Clearwater Pledge of Allegiance. To provide continuity for research, it necessarily discussed in that ord 4. Presentations - give and the June 5 2008 Clerk. moved to approve the minutes of the June 5, 2008 City 2008 Attorney-Client Session as submitted in written e motion was duly seconded and carried unanimously. re Items Not on the Agenda Jer ur h , President of CBA (Clearwater Beach Association), expressed concern regarding enforcement regarding short term rentals; requested a process to monitor grandfathered properties and that codes be enforced. CBA Executive Board will meet with staff. Public Hearings - Not before 6:00 PM 7. Administrative Public Hearings Council 2008-06-19 1tem # 3 Attachment number 1 Page 2 of 15 7.1 Approve amendments to Beach by Desiqn: A Preliminary Desiqn for Clearwater Beach and Desiqn Guidelines that allow for increased heiqht for overniqht accommodation uses beinq allocated additional density via the Hotel Density Reserve in limited locations, and modify the Desiqn Guideline qoverninq the theoretical maximum buildinq envelope as it pertains to overniqht accommodation uses beinq allocated additional density via the Hotel Density Reserve, and Pass Ordinance 7967-08 on first readinq. At its meeting of March 31, 2008, the City Council approved 0 amendments to Beach by Design that established the Hotel Density, criteria. In its discussion on the amendments, the City Council rec might be necessary in certain circumstances in order to accommo that may be allocated. In addition, the City Council noted an existin prevent hotels from being able to accommodate in its design all of th otherwise be able to have allocated from the Reserve. Based upon the above, the Planning Department is recomme amendments to Beach by Design: Section VII. Desi n Guidelines' Subsection B. Hei Allows for the maximum height to be inc allocated to the development via the Reserve, South Gulfview Boulevard and the exi Drive. e occupied by a ed additional density via contain further analysis and information on the ent Board B) will review the proposed text amendments at . The recommendation of the CDB as well as any comments the Council at the meeting. a comment that future developments on the waterfront from ey bridge should ensure view corridors to the sky. It was uilding envelope be reduced to 70% instead of 75% for hotels on less Co member Cretekos moved that Section 4, Amendment 2 read: "No more than 75% of the theoretical maximum building envelope located at 45 feet may be occupied by a building unless the property is located between South Gulfview Boulevard and the Gulf of Mexico, then no more than 70% of the theoretical max building envelope located above 45 feet may be occupied by a building." The motion was duly seconded. Council 2008-06-19 :Item # 3 Attachment number 1 Page 3 of 15 Planning Director Michael Delk said a 60% maximum building envelope would preclude development on smaller parcels, and that 75% allows for more design flexibility. He said that requests for units from the reserve would be brought to Council. It was remarked that this item was brought forward in response to Council's direction to staff regarding developments on smaller parcels. Beach by Design controls the location of towers, stepbacks, etc. In response to a question, City Attorney Pam Akin said a long as the Code is consistently applied there should be no porblems. Upon the vote being taken, the motion carried unanimously. Councilmember Doran moved to approve amendments to Preliminary Design for Clearwater Beach and Design Guidelines th for overnight accommodation uses being allocated additional density Reserve in limited locations, and modify the Design Guideline govern' maximum building envelope as it pertains to overnight accommoda additional density via the Hotel Density Reserve as amended. The m and carried unanimously. Ordinance 7967-08 was presented for first Councilmember Cretekos moved to pass Ordina motion was duly seconded and upon roll call, t ond reading and read by title only. Ordinance 7913-08 on second and final pon roll call, the vote was: ersen, Cretekos, Gibson, and Hibbard. Or ce 7914-08 was presented for second reading and read by title only. Councilmember Petersen moved to pass and adopt Ordinance 7914-08 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Doran, Petersen, Cretekos, Gibson, and Hibbard. "Nays": None. Council 2008-06-19 3tem # 3 Attachment number 1 Page 4 of 15 8.3 Adopt Ordinance 7957-08 on second readinq, amendinq Chapter 54.22, Code of Ordinances, to exempt properties in the Community Redevelopment Area from Recreation Land Impact Fees and Recreation Facilities Impact Fees, and amendinq Chapter 54.52, Code of Ordinances, to exempt properties in the Community Redevelopment Area from Open Space Impact Fees. Ordinance 7957-08 was presented for second reading and read by title 0 Councilmember Doran moved to pass and adopt Ordinance 7957-08 on reading. The motion was duly seconded and upon roll call, the vote "Ayes": Doran, Petersen, Cretekos, Gibson, and Hi "Nays": None. Ordinance 7966-08 was presented for second Councilmember Cretekos moved to pass and ador:l reading. The motion was duly seconded and up "Nays": None. 9.4 A e an a reement between the Cit of Clearwater and the School Board of Pinellas County, Florida, providinq for the continuation of the School Resource Officer proqram at Clearwater Hiqh School, Countryside Hiqh School, Kennedy Middle School and Oak Grove Middle School for a one-year period commencinq July 1 2008 throuqh June 30, 2009. (consent) 9.5 Approve discontinuinq the Police Park Patrol Proqram as of June 19, 2008. (consent) Council 2008-06-19 4tem # 3 Attachment number 1 Page 5 of 15 9.6 Award a Contract (Purchase Order) for $ 135,800 to Anderson and Shah Roofinq of Larqo, FL as the lowest bidder to the City of Clearwater Bid 25-08 for the restoration of General Services Buildinq Roof, replace all skyliqhts and install ridqe ventilators and authorize the appropriate officials to execute same. (consent) 9.7 See below. - Lee Daniels en moved to hear Mr. Daniels' presentation after Item 4.2. The nd carried unanimously. tor of the CVB (Convention Visitors' Bureau) Lee Daniels reviewed the 1st Development Tax, how funds currently are being spent, the direct returns to Clearwa , and the bonds and the County's debt service on Tropicana Field. He said Florida Statutes and the Pinellas County Code govern how the Tourist Development Tax is spent. He said everything the CVB promotes mentions the St. Petersburg/Clearwater area. He said sports events result in a high number of room nights in the area. Mr. Daniels said the Destination Marketing Association International statistics regarding all member CVB's indicate that the St. Petersburg/Clearwater CVB spends less on personnel and administrative and general expenses and more on marketing than do most other CVB's of similar sizes around the world. Council 2008-06-19 !Item # 3 Attachment number 1 Page 6 of 15 It was remarked that unlike other countries, this country does not fund advertising to attract visitors. Mr. Daniels said efforts are being made to implement a national marketing effort for the area. In response to a question, he said no funds have been allocated for the Clearwater Marine Aquarium. However, they did receive funding to begin their media blitz regarding the dolphin named Winter. He said the fourth cent of the tourist development tax does not sunset at the end of the Tropicana Field obligation. The entire fourth penny goes to Tropic Field. The Tampa Bay Rays want the fourth penny dedicated to the stadium for an r 30 at the end of September 2015. He said unused beach renourishment fund ke e matching state and federal dollars for future beach renourishment The fi pennies and half of the third penny can be used for beach renouris t. He sai collector's office has information regarding the percentage of tax d ener versus mainland communities. He said if a new Rays stadium is bUI stadium have to be paid off. It was remarked that there is still no clea bonds would be paid off. Mr. Daniels said "Dr. Beach's" announcements re worth millions in advertising dollars. He said excludin approximately $13,000,000 comes back to Clearw includes the Clearwater name. Ids attract high school students, etc., and that . It was suggested that although it would be 'stics regarding the direct investment for benefits of general advertising for St. ued with comments that there are too many unanswered questions pa Bay Rays' proposal. It was felt that Council should postpone taking a position un ditional information is provided regarding how bonds for the current stadium would be paid off, if a dollar cap can be placed on the fourth cent, and if sufficient funds would be allocated for beach renourishment. Consensus was for Councilmember Cretekos to tell the BIG-C the reasons why Clearwater is not in favor of passing a resolution at this time, as more information on the stadium plan is needed, to suggest a cap on how much goes to the stadium, and suggest an Council 2008-06-19 6tem # 3 Attachment number 1 Page 7 of 15 additional half cent for beach renourishment be set aside. If they insist on a vote, he will vote against it. 10.2 No item 10.3 Amend the City's fiscal year 2007/08 Operatinq and Capital Improvement Budqets at Mid Year and pass Ordinances 7979-08 and 7980-08 on first readinq. The fiscal year 2007/08 Operating and Capital Improvement B September 2007 by Ordinances 7866-07 and 7867-07. Section 2.5 Ordinances requires the City Manager to prepare a mid year repo expenditure estimates, collection, the explanation of significant var financial status of all capital improvement projects. The mid-year a and accompanying reports provide this information and outlines the i require amendment. Significant Fund amendments are outlined below: General Fund General Fund revenues and expenditure 246,010. The General Fund expendit and Recreation and $40,000 for Pi programs. In addition, an inc Capital 1m vement Fund f pai rom the ral Fund reserv necessary in the amount of two long term employees in the Parks and d from retained earnings to partially offset the epartment. In order to sure adequate reserves, the City Council's unappropriated retained earnings of 8.5% of the City's ures must be maintained as a reserve to guard against future e year-end 2007 books, and the allocation of reserves noted above, eserves at mid year are approximately $24 million, or 19.6% of the Fund budget, exceeding our reserve policy by $13.7 million. ant amendments to other City Operating Funds are noted follows: Water and Sewer Fund Mid year amendments in the Water and Sewer operating budget reflect a decrease of $3.2 million in debt service costs with the delay in the issuance of revenue bonds from fiscal year '08 to '09. Council 2008-06-19 ltem # 3 Attachment number 1 Page 8 of 15 Stormwater Fund At mid year, the Stormwater operating budget reflects an increase of $33,308 of Stormwater retained earnings representing excess cash in the debt service funds representing interest earnings in the bond construction funds for the last six months, and the related transfer of these funds to the capital improvement project for the Lake Bellevue Stormwat Improvements. Gas Fund Budget amendments to the Gas Fund reflect a budget decr $995,430 primarily for the reduction of fuel purchases due to the wa a number of line items due to slowing construction. Solid Waste Fund The Solid Waste Department reflects a net budge the primary decrease a reduction in anticipated dum RecvclinQ Fund Mid year expenditure amendm $289,700, primarily from an increa budgeted market prices. Revenu budgeted expenditures. all line item inc cognize the annual debt on ars approved by the City Council on April 3, 2008. the Parkin nd at mid year reflect a proposed increase of of the Salt Block #57 lot for the current fiscal year, and related ntrallnsurance Fund operating expenditures reflect the allocation of reserves in the amount of $2,736,097 to project 315-93405, Downtown g $1.5 million to the CRA and $1,236,097 representing grant funding all of which will bursed to the Central Insurance Fund over a three year period for the CRA, and upon receipt of the grant. Capital Improvement Fund Council 2008-06-19 6tem # 3 Attachment number 1 Page 9 of 15 Mid year amendments to the Capital Improvement Fund reflect an increase of $3,914,347, primarily due a net increase of $2,586,097 in the Downtown Boat Slip project and the recognition of an FDOT grant in the amount of $1,268,581 for the Beach Connector Trail. The largest of these proposed increases is an increase of $60,000 recognizing the transfer of savings from the Parks and Recreation operating budget to fund a project to replace the customer management and facilities scheduling system. Special Development Fund The Special Development Fund reflects the allocation of $2 retained earnings to the Downtown Boat Slip project to reduce the the project as approved by the City Council on April 17, 2008. Special ProQram Fund The Special Program Fund reflects a net budget increase of $ 38,9 Significant amendments reflect more than $283,000 for t ' I events an programs in the last three months, $178,000 from po' urt procee public safety programs and $140,000 in revenues ty contrac Councilmember Petersen moved to am Capital Improvement budgets at mid ye Th unanimously. t reading and read by title only. ce 7980-08 on first reading. The motion was tersen, Cretekos, Gibson, and Hibbard. 10.4 mendin Purchase Order ST104168 to Wannemacher Russell Architects Inc. of St. rsburq, Florida in the amount of $175,185, for a total of $275,185, to complete the desiqn and permittinq of the Carpenter Complex Clubhouse Renovations and approve establishinq a new CIP (315-93606) in the amount of $3 million to be funded from General Fund retained earninqs. The four field Carpenter Complex was originally developed in partnership with the Philadelphia Phillies over 40 years ago to be the main spring training facility for the Phillies. Council 2008-06-19 9tem # 3 Attachment number 1 Page 10 of 15 Their spring games were played at Jack Russell Stadium but the majority of the team work was done at Carpenter. In the early 1990's the City made some much needed renovations to the clubhouse in order to accommodate the needs of the Phillies. Since that time, the City, Pinellas County, the State, and the Phillies have invested heavily in the Bright House Networks Field and committed to a long term agreement with the City. The Phillies have year round baseball op ations at the Carpenter Complex and as such, have severely outgrown the existing spa es. Due to the increase in use of the facilities and growth in the coaches utilizing the Carpenter Clubhouse there is a need to incre modernization of the clubhouse to bring it to current major league Staff is recommending this renovation project totaling $3,500, the first $3,000,000. In addition, the Phillies will assume the year rou maintenance of the facility as well as be responsible for traffic and training beginning in FY 2010. Total annual savings to the general fu Cl bu for the remainder of the lease period with the Phillies, whic years. that savings over the 15 years using a 4% discount ra ' n. An amendment to the existing Carpenter the Phillies to reflect all of the changes and mo Major elements of this proje meeting rooms; provide larger and storage facilities, a second flo 0 conference room, a restroo amount of $100,000 awings. The additional 185 is needed t ete the contract, which will cifications, cost estimates, civil engineering, roject management. The City will provide miscellaneous construction related costs such e, etc. for a total estimated budget of Ie calls for the design, permitting, bidding and award of calendar year 2008 with the construction commencing May O. crease in operating budgets and staffing levels due to the fact that the of these costs. Par Recreation Director Kevin Dunbar said the Phillies will begin taking over many of the responsibilities currently done by the City for the Carpenter Complex. In response to a question, he reviewed the City and Phillies' construction costs for Bright House Networks Field. He said the $34 million project included bonding from State and County revenues of approximately $17 million. The City contributed $5.7 million and the Phillies contributed $12.5 million. He said in addition to assuming all operations for the Carpenter Complex, the Phillies Council 2008-06-19 10tem # 3 Attachment number 1 Page 11 of 15 will continue to pay the City lease fees. The City's participation for the Carpenter renovations is capped at $3 million. Councilmember Petersen moved to amend Purchase Order (ST1 04168) to Wannemacher Russell Architects, Inc. of St. Petersburg, Florida in the amount of $175,185, for a total of $275,185, to complete the design and permitting of the Carpenter Complex Clubhouse Renovations and approve establishing a new CIP (315-93606) in the amount of $ million to be funded from General Fund retained earnings. The motion was duly secon ed a rried unanimously. The City of Clearwater and Clearwater Country Club Manage have a Lease Agreement for CCC to operate the City's public golf c Lane North, which will expire April 30, 2032. CCC currently owns 5.7 acres, including parki by the City's golf course, which CCC operates on This term sheet establishes a basis for t acres including all improvements and to amen and CCC. The approval of the te agreement and lease amen se stered by the City at its sole discretion. aintenance supplies for use at the golf course and be se two agreements will bundle all assets of the course under one creased savings to the overall operation. , funding for the purchase and satisfying the obligation notes may come from etained earnings. In response to a question, Mr. Dunbar said the current lease amount is 1 % of gross revenue. Council 2008-06-19 11tem # 3 Attachment number 1 Page 12 of 15 Ms. Akin said at Monday's Work Session, Council indicated the agreement should include strengthening the performance requirements for maintenance of the golf course and structure, and to ensure that the provisions for default and termination were sufficiently strong. Mr. Dunbar said there are industry standards to rely on regarding golf course maintenance. He said a schedule for replacement of tee boxes and greens can be added. The amendment to the agreement will come back to Council. The operator carries insurance for members' personal golf carts, etc. The City will insure the building and the operator will maintain it. John Bailey, CCC, said over the last few years the club has gr club to a public municipal golf course. He said operations are bein positive about future operations. He said the drought has affected He said course conditions are nearly always as good as any cours hopes the 85-year partnership with the City will continue. J. C. Emfeld, CCC, thanked the Council for their cooperation. he said in addition to streamlining operations, personnel has been been increased, costs are being tracked more efficiently with a new s aggressive marketing efforts have increased to attract new ers. In response to a question, John Bailey, CC reviewed. Bob Coffee, CCC, said revenue has inc as using incentives to encourage m to r more frequently. He said there ha lot 0 hi the basis for r Country Club een the City and CCC. session, tH Florida legislature passed House Bill 1375 ving State Housing Initiatives Partnership (SHIP) funds to re- sing advisory committee and its new duties. The statute ee be made up of eleven (11) members. hat the City amend its existing housing committee ordinance, and e appointed by resolution no later than June 30, 2008. The eleven ent a specific industry or a specific group. The Resolution appoints the ood and Affordable Housing Board [NAHAB] members to the Committee and also name persons who will be both NAHAB and Committee members. The required groups and recommended individuals are listed below: Residential home building Banking industry/mortgage Area of labor engaged in home building Advocate for low-income person Donald Brackett Samuel F. Davis Nick Pavonetti Lisa Hughes Council 2008-06-19 Utem # 3 Attachment number 1 Page 13 of 15 For-profit-provider of affordable housing Not-for-profit provider of affordable housing Real estate professional engaged in affordable housing Member of the local planning agency Clearwater resident Employer's representative Essential Services representative Peter Leach Kip Courriveau Peggy Cutkomp Jordan Behar Josephine Carbone and Laurel Braswell Kevin Gartlan Tony L ngho The new duties of the Affordable Housing Advisory Committ policies and procedures, ordinances, land development regulation comprehensive plan and shall recommend specific actions or initia facilitate affordable housing while protecting the ability of the prope The recommendations may include the modification or repeal of exis ordinances, regulations, or plan provisions; the creation of exceptions housing, or the adoption of the new policies, procedures, regulation provisions, including recommendations to amend local government c pr corresponding regulations, ordinances, and other policies. ' itial report to City Council by December 30, 2008. After the initi he reports triennially on December 31 of the year preceding t local hou plan. The report shall evaluate the implementati incentive following areas: (a) The processing of approvals of and (8), for affordable housing pro' or housing for very-low income persons, low- s. tial units in residential zoning districts. etback requirements for affordable housing. onfigurations, including zero-lot-line configurations for eet requirements for affordable housing. ent of a process by which a local government considers, before adoption, ures, ordinances, regulations, or plan provisions that increase the cost of U) The preparation of a printed inventory of locally owned public lands suitable for affordable housing. Council 2008-06-19 13tem # 3 Attachment number 1 Page 14 of 15 (k) The support of development near transportation hubs and major employment centers and mixed-use developments. The City is responsible for staffing, administering and providing facility support to the committee. The City is also required to make all meetings and records public. The initial report must be submitted to City Council by December 30, 2008 and triennially thereafter. Councilmember Gibson moved to appoint the Neighborhood and A Board as the Affordable Housing Advisory Committee and provide for State Housing Initiatives Partnership (SHIP) program. The motion carried unanimously. Ordinance 7981-08 was presented for first reading and rea Councilmember Petersen moved to pass Ordinance 7981-08 on first duly seconded and upon roll call, the vote was: "Ayes": Doran, Petersen, Cretekos, Gibson, and Hibb "Nays": None. Resolution 08-15 was presented and rea to pass and adopt Resolution 08-15 and author' The motion was duly seconded and upon roll c "Ayes": beach parking garage report will be given to ance dates be moved back for 30 days. moved to move all performance dates back 30 days. The arried unanimously. 12.1 on re nominations for the Florida Lea ue of Cities Excellence Awards Cat ries for which nominations can be made: Florida City of Excellence, City Spirit, Mayor of the Year, Council Member of the Year, City Attorney of the Year, City Manager of the Year, City, Employee of the Year, City Citizen of the Year. Nominations are due by August 11, 2008. Council 2008-06-19 14tem # 3 Attachment number 1 Page 15 of 15 Consensus was to submit nominations for Florida City of Excellence Award, the City Attorney of the Year Award, and nominate Doug Williams for the City Citizen of the Year. 13. Other Council Action Councilmembers reported on events in which they recently participated and reviewed upcoming events; thanked all who helped build playground at Ross Norton. Mayor Hibbard reported on T-BARTA transit trip to Charlotte, regards from Whitney Gray; need to appoint a staff member to Juve Community Council. Councilmember Doran said PPC unanimously recommende Design amendments for hotel density. Councilmember Gibson said if didn't raise taxes, would go t items. Councilmember Petersen congratulated those meeting. Councilmember Cretekos said Passport certified copy of birth certificate or old passport Councilmember Doran sai meeting at main library. Mayor City of Clearwater Council 2008-06-19 1 !Item # 3 Sy fP cJ. ~ A\lI ~\ ~ O,f!Y Jonathan Wade Sr., LCSW, CAP - Executive Director 1402 N. Martin Luther King Jr, Ave - Clearwater, FL 33755 Day (727) 560-4382 - Eve. (727) 442-9163 E-Mail-wadenwade@aol.com , A Spiritual Change, Inc. "Be ye transformed by the renewing of your mind" A Spiritual Change's Proposal to City of Clearwater City Council Date: 7/16/08 To: City of Clearwater City Council From: Jonathan R. Wade, Executive Director RE: $36,000.00 non recurring funding request Dear Council Members: A Spiritual Change's (ASC) Board of Directors would like for you to fund our request of $36,000.00 in non recurring grant funding. ASC is located in the North Greenwood Community, which is within the City of Clearwater. North Greenwood is a community that historically has had a high unemployment rate and low-wage workforce. Since February of 2008, we have been partnering with the Pine lias County Urban League Career Connections program. The Urban League houses a full time employment specialist in our building, and ASC provides office space, computers and general operating expenses. Through this partnership, we have met with 640 job seekers. Of this population of 640 persons, we have successfully placed 160 individuals into full- time, gainful employment! The majority of our participants reside within the City of Clearwater. Substance Abuse Prevention Proaram This year we have provided substance abuse prevention services to 53 youth, from the North Greenwood Community. Substance Abuse Intervention Proaram We have had 10 individuals referred to us for DUI or drug abuse issues. 7 of those individuals successfully completed our program, and 3 individuals were unsuccess~ul. Kinship Support Proaram Currently, we are working with 25 families whom are raising children of substance abusing family members. In most instances, these family members are on fixed incomes and are not receiving any financial assistance for children within their care. Currently, we are accomplishing our goal without appropriate funding, largely due to the recent budget cuts (ASC lost a 15,000 contract from the African American Leadership Council). However, in light of the current funding environment, ASC has a plan to replace the funding we have lost, and generate new sources of revenue, but we need the City's help to implement this plan! · First, we want to hire a grant writer who will help us with fund development, letter writing, fund raising campaigns, funding research, assist our board with setting up 'meet and greets' with potential donors, assist with identifying additional potential partner organizations, assist with board development and recruitment, develop a long range funding plan/strategic plan, and identify other potential sources of revenue. · We have identified a few potential funders that we will approach in the coming year. We will continue our partnership with the Urban League, who will lease office space from us. A Spiritual Change is currently collaborating with the City of Clearwater Police Department to counsel youth who are arrested, and we are working with local churches and family members to help these youth be diverted from the criminal justice system. We are also in discussions currently with the United Way of Tampa Bay about possible collaboration in the coming year. Once our strategic plan is completed, we will approach the Eckerd Family Foundation, Community Service Foundation, Pinellas County Social Action Funding and other grants as they become available. · Lastly, the services we provide are not duplicated within our community. We provide life changing services by helping individuals get off drugs, including alcohol. We help them become better assets to their community by becoming tax paying, law abiding citizens. We also help families cope with the stress of keeping their families together. We thank the City of Clearwater for your consideration, and we truly hope you can join us in our efforts! Meeting Date:7 /17 /2008 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Approve the City of Clearwater's Fiscal Year 2008-09 Consolidated Action Plan, to carry forward the goals and objectives set forth in the Plan, as required by HUD, and authorize the City to enter into agreements with organizations contained in the FY08-09 Consolidated Action Plan. SUMMARY: The U.S. Department of Housing and Urban Development (HUD) requires communities that receive entitlement (CDBG & HOME) funding to prepare a comprehensive five (5) year Consolidated Planning document that evaluates the needs of the community and sets forth strategies to address those needs. The new Consolidated Plan is mainly our continuation of our existing Consolidated Plan. There were not many changes to our existing strategies, goals and objectives. In addition, the City is required to create and implement an annual statement identifying the sources and uses of federal money for housing, community and economic development. This annual plan, referred to as a Consolidated Action Plan, provides HUD with the City's housing, community and economic development budget and proposed expenditures based on the entitlement funds and estimated program income that the City will receive in the upcoming fiscal year. Funds are to be used to develop viable communities and sustain existing ones. In addition, the funds will be used to provide safe, decent and affordable housing to assist extremely low to moderate income households. This year's Action Plan allocates federal and state funds to provide housing opportunities to extremely low to moderate income households for new and existing homes, homebuyer education, construction and/or renovation of public facilities, and to fund public services programs. In fiscal year 2008-2009, the City is estimated to receive federal funds in the amount of $926,211 through the Community Development Block Grant (CDBG), $520,737 through the HOME Investment Partnership Program, and $995,681 from the State of Florida through the State Housing Initiatives Partnership (SHIP) Program. Funds provided through the HOME and SHIP Programs are limited to housing related activities (including housing relocation and housing demolition) and administration. Funds provided through the CDBG Program may be used for housing, community and economic development, public services and facilities, acquisition, relocation, demolition, and administration. Additional funding for the FY2008-2009 budget will come from estimated program income funds (loan repayments, loan payoffs, recaptured funds, etc). A Technical Review Committee (TRC) comprised of professionals in the social service and grants community and one member of the City's Neighborhood and Affordable Housing Advisory Board (NAHAB) reviewed the applications, scored them and set forth a strategy to maximize the number of applicants that will receive a portion of allocated funds. Applicants were given an opportunity to speak to the TRC and NAHAB regarding their programs on the day of the bus tour and presentations in April 2008. City staffreviewed each application to ensure it met HUD's baseline requirements. The NAHAB will meet on July 8, 2008 to approve the recommended allocations contained in the FY08-09 Consolidated Action Plan. Each year, the City may allocate up to 15% of its CDBG allocation for Public Services organizations. Additional funds may be allocated based upon the amount of program income received. The City may also provide funds for operating expenses to subrecipients who qualify as a Community Based Development Organization. The City's Housing Division received requests for Public Services funding in excess of $399,000. The NAHAB has endorsed a sliding scale funding system for Public Services applicants that allows the top two scorers to receive 60% of their request; the second two receive 50% of their request, and others receive 40% of their request until all of the allowable funds are allocated. The maximum allocation per agency's request is $30,000. This method allows most of the Public Services applicants to receive some funding. All organizations that will be receiving an allocation or participating in the City's Housing or Housing Education Pools, will have agreements prepared and executed by October 1,2008. Cover Memo Review Approval: 1) Clerk I CITY OF CLEARWATER Economic Development and Housing Department Page 1 of 2 Consolidated Action Plan-Recommended Allocations Fiscal Year 2008-2009 Proposed July 2008 PROPOSED PROJECTS Amount Includes Allocations & Program Income Proposed Requested CDBG HOME (683) SHIP (191) land Trust (193) TOTALS Fair Housinq: Gulf Coast legal Services 24,807 14,884.00 14,884.00 Community Service Foundation 24,000 14,400.00 14,400.00 Sub-total 29,284.00 - - - 29,284.00 Public Facilities/Improvements: Homeless Emergency Project-Office Building 500,000 100,000.00 100,000.00 Religious Comm. Services-Food Pantry Improvements 92,100 46,050.00 46,050.00 Directions for Mental Health-Center Improvements 99,000 49,500.00 49,500.00 City Sponsored Project-To Be Determined 135,149.00 135,149.00 Sub-total 330,699.00 - - - 330,699.00 Public Services: Pinellas Opportunity Council-Chore Services 60,000 30,000.00 30,000.00 Clw. Homeless Intervention Project-Emergency Shelter 75,000 30,000.00 30,000.00 Homeless Emergency Project-Operations 30,000 12,000.00 12,000.00 Willa Carson Health Resource Center 30,000 18,000.00 18,000.00 WestCare of Fl - Turning Point 48,425 19,370.00 19,370.00 YWCA of Tampa Bay - Hispanic Outreach 30,000 15,000.00 15,000.00 Gulf Coast Jewish Family Services-Disabled & Elderly 14,000 7,000.00 7,000.00 Religious Community Services-Haven 14,815 5,925.91 5,925.91 Family Service Center 54,082 21,632.00 21,632.00 Powerful Young Adults 30,000 10,871.00 10,871.00 Religious Community Services-Grace House 12,646 Volunteers of America 29,760 Sub-total 169798.91 - - - 169,798.91 Administration: City of Clearwater Program Administration 155,958.00 52,073.00 112,068.00 320,099.00 City of Clearwater Program Delivery-Econ Dev 30,000.00 30,000.00 Sub-total 185,958.00 52,073.00 112,068.00 - 350,099.00 Acquisition/lnfill Housinq: City of Clearwater I nfill Housing Program Delivery 30,000.00 30,000.00 Sub-total 30,000.00 - - - 30,000.00 Rehabilitation: City of Clearwater Rehabilitation - Program Delivery 126,187.00 126,187.00 Sub-total 126,187.00 - - - 126,187.00 Relocation: City of Clearwater Relocation Program 20,000.00 20,000.00 40,000.00 Sub-total 20,000.00 - 20,000.00 - 40,000.00 Demolition: City of Clearwater Demolition Program 20,000.00 20,000.00 40,000.00 Sub-total 20,000.00 - 20,000.00 - 40,000.00 Housing Education Pool: General Pool (includes credit counseling and foreclosure prevention) 100,000.00 100,000.00 I Sub-total I - - 100,000.00 - 100,000.00 I mber 1 Item # 4 I CITY OF CLEARWATER Economic Development and Housing Department Page 2 of 2 Consolidated Action Plan-Recommended Allocations Fiscal Year 2008-2009 Proposed July 2008 PROPOSED PROJECTS Amount Includes Allocations & Program Income Proposed Requested CDBG HOME (683) SHIP (191) land Trust (193) TOTALS Housinq Pool Activities - Housinq Development Housing Pool-SF/DPA/lnfill/Rehabilitation 164,284.00 390,553.00 993,613.00 1,548,450.00 Tampa Bay Community Development Corp. largo Area Housing Development Corp. Clearwater Neighborhood Housing Services Homes for Independence, Inc. Community Service Foundation, Inc. Pinellas Habitat for Humanity, Inc. Consumer Credit Counseling Service Sub-total 164284.00 390,553.00 993,613.00 - 1,548,450.00 HOME Proqram - CHDO Set-Aside (15% of allocation) 78,111.00 78,111.00 Sub-total - 7811100 - - 78,111.00 TOTALS ~ - 2,842,628.91 Revenues: CDBG-Grant 926,211.00 926,211.00 CDBG-Est. Program Income 150,000.00 150,000.00 HOME-Grant 520,737.00 520,737.00 HOME-Est. Program Income SHIP-Grant 995,681.00 995,681.00 SHIP-Est. Program Income 250,000.00 250,000.00 1,076,211.00 520,737.00 1,245,681.00 - 2,842,629.00 mber 1 Item # 4 Attachment number 2 Page 1 of 32 1t-~.NTQ,to+o ~* *, \ ) a......, ~t: Third Program Year Action Plan The CPMP Third Annual Action Plan includes the and Narrative Responses to Action Plan questions that CDSG, HOME, HOPWA, and ESG grantees must respond to each year in order to be compliant with the Consolidated Planning Regulations. The Executive Summary narratives are optional. Narrative Responses Executive Summary The Executive Summary is required. Include the objectives and outcomes identified in the plan and an evaluation of past performance. Proaram Year 3 Action Plan Executive Summarv: This Action Plan is for the City of Clearwater's FY2008-2009 Program Year The City receives federal funds from the Department of Housing and Urban Development from two federal programs as an entitlement community. These are the Community Development Slock Grant Program (CDSG) and the HOME Investment Partnership (HOME) affordable housing program. The City does not receive an Emergency Shelter Slock Grant. The City also utilizes its Florida State Housing Initiatives Partnership (SHIP) affordable housing funds in support of these programs; which are all targeted at assisting the City's low to moderate-income residents. The City is a member of the Pinellas County Continuum of Care and supports its priorities. The City of Tampa is the regional HOPWA administrator. The City will utilize its funds to implement the specific objectives established within the City's adopted FY2005 to FY2010 Consolidated Plan. 7.3.08 final draft 1 Item # 4 Attachment number 2 Page 2 of 32 FY2008-2009 Estimated Action Plan Budaet Entitlement Grant Funds CDSG $ 926,211.00 HOME $ 520,737.00 ESG $ HOPW A $ Total $ 1,446,948.00 Total Estimated Proaram Income CDSG $ 150,000.00 HOME $ Total $ 150,000.00 Total Federal Funding Sources 1$ 1,596,948.00 State Housina Initiatives Partnershio (SHIP) $ 995,681.00 SHIP - Estimate Proaram Income $ 250,000.00 Total State Funding Sources 1$ 1,245,681.00 Estimated Entitlement and Program Income 1$ 2,842,629.00 Affordable housing funds will be administered on a city-wide basis targeted at helping low to moderate income families become homeowners, maintain their properties and for housing education and counseling. The City will provide assistance to the homeless and those with special needs through the construction of additional facilities and the provision of services; and its community development improvements will be focused on the East Gateway Area of the City's Community Redevelopment Area. The overall goal of the community planning and development programs covered by the Action Plan is to develop viable urban communities by providing decent housing and a suitable living environment and to expand economic opportunities principally for very-low to moderate-income persons/households. The primary means towards this end is to extend and strengthen partnerships among all levels of government and the private sector, including for-profit and non-profit organizations, in the production and operation of affordable housing. 1. Decent housing includes assisting homeless persons to obtain appropriate housing and assisting persons at risk of becoming homeless; retention of the affordable housing stock; and increasing the availability of permanent housing in good condition and an affordable to very-low-income and moderate-income families, particularly to members of disadvantaged minorities, without discrimination on the basis of race, color, religion, sex, national origin, marital status, familial status, or disability. 7.3.08 final draft 2 Item # 4 Attachment number 2 Page 3 of 32 2. Decent housing also includes increasing the supply of supportive housing, which combines structural features and services needed to enable persons with special needs, including persons with physical and mental disabilities, persons with HIV/AIDS and their families, to live with dignity and independence; and providing affordable housing to low-income persons accessible to job opportunities. 3. A suitable living environment includes improving the safety and livability of neighborhoods; increasing access to quality public and private facilities and services; reducing the isolation of income groups within a community or geographical area through the spatial deconcentration of housing opportunities for persons of lower income and the revitalization of deteriorating or deteriorated neighborhoods; restoring and preserving properties of special historic, architectural, or aesthetic value; and conservation of energy resources. The City continues to provide funding for a variety of Public Service and Public Facility type activities which include such things as: self-sufficiency, elderly home cleaning, emergency shelter operations, elderly services, infant and toddler care, homeless services, and mental health services, just to name a few. In terms of Public Facility projects, during this current fiscal year we propose to provide funding to the organizations below: 1. Homeless Emergency Project 2. Religious Community Services - Food Pantry Improvements 3. Directions for Mental Health - Parking Lot Improvements 4. City of Clearwater Project - To be determined General Questions 1. Describe the geographic areas of the jurisdiction (including areas of low income families and/or racial/minority concentration) in which assistance will be directed during the next year. Where appropriate, the jurisdiction should estimate the percentage of funds the jurisdiction plans to dedicate to target areas. The City of Clearwater, the ninth largest city in Florida is located in central Pinellas County and stretches from Tampa Bay on the east to the Gulf of Mexico on the west. 7.3.08 final draft 3 Item # 4 Attachment number 2 Page 4 of 32 MAP ONE displays those areas in the City where HUD has found that more than 51% of the populations have incomes below 80% of the Median family Income for the Tampa-Clearwater-St. Petersburg Metropolitan Statistical Area. 7.3.08 final draft 4 Item # 4 MAP TWO displays the areas where the City's African-American population is co ncentrated. MAP THREE displays the areas where the City's Hispanics are concentrated. Minority Concentrations are defined as those census tracts in which the total percentage of minorities is at least 10 percentage points more than would be expected based on average racial distributions. 7.3.08 final draft 5 Attachment number 2 Page 5 of 32 Item # 4 Attachment number 2 Page 6 of 32 Areas of Low IModeration Income Concentrations The table below shows all of the Census Tracts and Slock Groups that are located within the City of Clearwater that have a Low/Moderate income percentage above forty percent (40%). 025405 2 42,1 025405 1 54,2 026602 1 42,3 026300 6 55,2 026400 4 42,7 026400 1 56,6 026702 2 43,1 026808 2 57,5 025901 1 43,7 025902 5 59,3 026500 6 43,9 025902 4 59,6 026500 2 44,1 026905 3 62,2 025404 3 44,8 026808 1 62.4 026910 1 45,0 025401 3 63,8 026804 2 46,6 026500 1 64,0 026400 5 48,1 026200 2 64,6 025800 2 48,2 025800 3 67,5 026702 3 49,0 026100 3 67,5 026400 3 49,7 025404 1 68,9 026300 4 50,9 025902 1 69.4 026602 2 51.7 025504 3 71.2 026500 5 51.9 026200 1 74,0 026100 2 52,0 026601 2 74,9 026300 2 52,7 026400 2 75,1 025404 6 53,0 025902 2 75,5 026300 1 53,2 026100 5 83.4 026703 3 54,2 026905 2 100,0 Low and moderate-income concentrations are defined as those census tracts with a median income at or below 80% of the median family income for Pinellas County. Census tracts meeting the definition of low and moderate income are listed above with percentages greater than 51.0%. 2. Describe the basis for allocating investments geographically within the jurisdiction (or within the EMSA for HOPWA) (91.215(a)(1)) during the next year and the rationale for assigning the priorities. 3. Describe actions that will take place during the next year to address obstacles to meeting underserved needs. Certain obstacles to meeting underserved needs continue to present a growing challenge. The City will encourage mixed-income rental developments as new projects are proposed to the county. However, with the scarcity of land and growing construction prices, it is becoming increasingly difficult to make the economics of rental projects work. The City continues to explore new incentives and initiatives to foster the development of affordable housing. 7.3.08 final draft 6 Item # 4 Attachment number 2 Page 7 of 32 BASIS FOR ALLOCATING INVESTMENTS: Geographic: The City will allocate its Housing, Community Development and Homeless funds on a citywide basis. The City will allocate its Community Development Block Grant funds within the City's HUD designated low/moderate income areas, for activities that benefit low and moderate-income persons, and in the City's designated Community Redevelopment Area and Neighborhood Revitalization Strategy Areas. Housing Stock Structure Type The county's housing stock in 2006 included 53.6 percent single-family units, primarily detached houses. The stock of single-family detached units ranged from 31.4 percent in Largo to 38.9 percent in Clearwater and 56.9 percent in St. Petersburg. Mobile homes represented 10.4 percent of the total housing stock countywide, including 3.2 percent of St. Petersburg housing units, 6.7 percent of Clearwater units and 31.1 percent of Largo units. The share of housing in mobile homes or trailers was 13.7 percent throughout the Tampa Bay Area as a whole. Year Built Seventy-eig ht percent of Pi nellas Cou nty housi ng was bu i It between 1950 and 1989 (Appendix Table B-l0). Construction has slowed significantly since 1990 with the dwindling supply of developable land. Under 15 percent of the county's housing was built in 1990 or later as compared with 27 percent of Tampa Bay Area housing. Affordable Housing: The City has given its highest affordable housing priority to assisting low-income households and renters achieve and/or maintain homeownership. This will be accomplished through a variety of mechanisms, including down-payment/closing cost assistance, acquisition and rehabilitation/expansion, new in-fill housing and demol ition/reconstruction prog ra ms. In Pinellas County, as the price of homes previously escalated at record rates, affordable, quality, "attainable/affordable" housing continues to become a fading reality for many extremely low to moderate-income households. "Affordable" describes a relationship between two variables - the income of consumers (buyers and renters) and the cost (price) of the product (houses and apartments). Significant changes in either of these two variables can "produce" or "lose" affordable housing. Over the past several years, the "affordability gap" (the difference between what a person can afford and what is actually available) has been growing larger. As seen across Florida and much of the nation during the last six years, prices of single-family houses have increased rapidly in the last three years. Florida Association of Realtors information on the sale of existing single-family houses in the Tampa-St. Petersburg-Clearwater metropolitan area shown in the following table indicate an increase in median sales price from $105,800 in 2000 to $124,400 in 7.3.08 final draft 7 Item # 4 Attachment number 2 Page 8 of 32 2001 and $139,300 in 2003. The growth rate then accelerated with annual increases of 15 percent from 2003 to 2004 and 26 percent from 2004 to 2005 as annual sales doubled from the 2002 level. Based on November data, the rate of price increases has slowed significantly to 2.7 percent in 2006. Over the six-year period, the increase in single-family house prices averaged 14 percent annually. To some extent, these statistics are affected by the mix of houses sold each year. Median Sales Price of Existing Housing $300,000 $50,000 Tampa-St. Petersburg- Clearwater MSA Flori da Q.I $250,000 (J 'i: a.. C/) Q.I ni en !: .!!! "C Q.I ~ $200,000 $150,000 $100,000 $0 ~ " (1, !:> _h. -~ * n\::)(j ~\::) \::)\::) R::>\::) ~\j' R::>\Y ~Io v 'l> '); '); 'l> '); ~ Note: (a) Data through November, 2006. Although the chart above shows rising median sales prices recent data show that the trend is now sliding downward. Recent sales data show that the median sales price in the Tampa-St. Petersburg- Clearwater MSA fell to $175,000 in May 2008. This is 13% percent decrease since 2006 when the median sales price was $229,000. Post November of 2006 sales prices have started to reflect the economic impact of the Sub-Prime Mortgage Crisis. As a result, median sales prices have shown a dramatic decline from previous years numbers mostly due to an abundance of new homes on the market. According to Loan Performance House Index, the Tampa, St. Petersburg, Clearwater area had the 5th largest price decline among 957 metro areas during the first quarter of 2008. 7.3.08 final draft 8 Item # 4 30.00% 25.00% 20.00% 15.00% 10.00% 5.00% 0.00% Attachment number 2 Page 9 of 32 Annual Sales Price Increase, Tampa-St. Petersburg- Clearwater Metropolitan Area, 1997 -2006 Q1 1997 Q1 1998 Q1 1999 Q1 2000 Q1 2001 Q1 2002 Q1 2003 Q1 2004 Q1 2005 Q1 2006 Annual Percent Increase The chart above should continue to reflect the downward trend first identified in the Nexus study for 2006. No immediate economic statistics are available beyond month-to-month comparisons from previous sales data. Most of the information available shows an unwillingness to predict the balance of 2008 until the Market reaches it rebound threshold. Minimum Extremely Very Low Moderate Wage Low Low Income Income (25% AMI) (30% AMI) Income (80% (120% (50% AMI) AMI) AMI) $14,125 $16,950 $28,250 $45,200 $67,800 Monthly "Affordable" Payment $353 $408 $680 $1,088 $1,632 2008 Income levels for a family of four in the Pinellas (Tampa Bay Metro) area Housing Cost Burden Typically, in the attainable housing arena, we are dealing with households that have incomes ranging from extremely low-income [less than or equal to 30 percent of area median income (AMI), to at or below moderate income (less than or equal to 120 percent AMI). 7.3.08 final draft 9 Item # 4 Attachment number 2 Page 10 of 32 Most state and federal definitions of affordable housing indicate that a household should not pay more than thirty percent (30%) of their household income toward housing expenses. Those housing expenses account for mortgage payment (principal and interest), taxes and insurance. Using the "affordable" definition, a family of four (4), who is very low-income, can afford to pay $680 per month for housing expenses. The table above represents what families can afford $680 in their monthly housing expenses, based on their household income. The incomes are based on the "2008 Tampa-St. Petersburg-Clearwater Metropolitan Statistical Area (MSA)" Income Levels, which is $56,500. Households that are paying more than 30 percent are said to be "cost burdened" (i.e., paying too much for housing expenses). Some households are paying between 40 percent and 50 percent of their income just to find a decent place to live, which leaves little for life's other expenses, such as utilities, food, insurance, etc. This puts a tremendous strain on a low-income household, especially with the growing property insurance crisis that many in the state are facing. The ability of Pinellas County residents to afford local housing is measured in terms of the percent of income spent for housing. The U.s. Department of Housing and Urban Development (HUD) sets the affordability standard at 30 percent of gross income spent for total housing costs - rent or mortgage payment plus utilities, insurance and real estate taxes. Those households spending more than 30 percent of their income for housing are termed to be "cost burdened", and those spending more than 50 percent of their income are termed to be "severely cost burdened." In 2005, before housing prices increased more than 20 percent, 38.0 percent of Pinellas County homeowners spent more than 30 percent of their income for housing - 69,700 households. More critically, 14.6 percent spent more than one-half of their income for housing and 7.2 percent spent 40 to 49 percent of their income, as shown in Appendix Table B-22. Among renters, the cost burdens were even more severe with almost half of renter households spending more than 30 percent of their income for rent. Almost one-quarter of renter households spent more than one-half of their income on rent, and 9.1 percent spent 40 to 49 percent of their income. As recipients of Community Development Block Grants (CDBG) and HOME affordable housing funds from the U.s. Department of Housing and Urban Development (HUD), jurisdictions in Pinellas County are required to prepare strategy documents to guide the use of housing funds every five years. Within Pinellas County, these five-year strategic plans are prepared by the City of St. Petersburg, the City of Clearwater and by a consortium consisting of Pinellas County and 20 municipalities. Table 3 presents rental housing cost burden data provided in each of the respective five-year strategic plans, supplemented with data from the 2000 U.s. Census and 2005 American Community Survey. As shown, in 2000 there was already a substantial rental housing cost burden. Countywide approximately 40 percent of renter households were cost burdened including approximately 18 percent that were severely cost burdened. Between 2000 and 2005, the rental cost burden grew markedly worse. As of 2005, 49 percent of Pinellas County renter households (58,970) faced a housing cost burden, an increase of 9 percentage points. Meanwhile by 2005, 23 percent (29,298) of renter households faced a severe cost burden, an increase of 5 percentage points. 7.3.08 final draft 10 Item # 4 Attachment number 2 Page 11 of 32 Table 3: Rental Housing Cost Burden, 2000 to 2005 I Cost Burdened Households Severely Cost Burdened Total Renter I (a) Households (b) Households Percent Percent 2000 Census Number of Total Number of Total Number Clearwater 7,547 41% 3,449 19% 18,310 2005 American Community Survey Clearwater 8628 46% 4,777 26% 18,562 Change 2000 to 2005 Clearwater 1,081 5% 1,328 7% 252 Notes: (a) Cost burdened households are those with total housing costs exceeding 30 percent of gross household income. (b) Severely cost burdened households are those with total housing costs exceeding 50 percent of gross household income. Sources: St. Petersburg Five Year Strategic Plan, 2005 -2010; Clearwater Consolidated Planning Document, 2005-2010; Pinelias County Consortium's Consolidated Strategic Plan FY's 2006-2010; Pinelias County Consortium's Consolidated Strategic Plan FY's 2006-2010; u.S. Census, 2000; American Community Survey, 2005; BAE, 2006. Similar to the rental cost burden, ownership data reflect a steep decline in housing affordability between 2000 and 2005. Table 4 presents ownership housing cost burden data. During this five-year period, the number of cost-burdened owner households increased by approximately 42,200, while the number of severely cost- burdened households increased by approximately 17,700. As of 2005,31 percent of owner households (92,371) were cost burdened, including 12 percent (35,942) who are severely cost burdened. Table 4: Owner Housing Cost Burden, 2000 to 2005 2000 Census Clearwater Pinellas County Cost Burdened Severely Cost Bu rdened Total Owner I Households (a) Households (b) Households Percent Percent Number of Total Number of Total Number 5,136 26% 1,841 9% 19,964 50,169 24% 18,229 9% 207,876 2005 American Community Survey Clearwater Pinellas County 10,863 92,371 35% 31% 3,796 35,942 12% 12% 30,945 297,069 7.3.08 final draft 11 Item # 4 Attachment number 2 Page 12 of 32 Change 2000 to 2005 Clearwater Pinellas County 5,727 42,202 9% 7% 1,955 17,713 3% 3% 10,981 89,193 Notes: (a) Cost burdened households are those with total housing costs exceeding 30 percent of gross household income. (b) Severely cost burdened households are those with total housing costs exceeding 50 percent of gross household income. Sources: St. Petersburg Five Year Strategic Plan, 2005 -2010; Clearwater Consolidated Planning Document, 2005-2010; Pinellas County Consortium's Consolidated Strategic Plan FY's 2006-2010; Pinellas County Consortium's Consolidated Strategic Plan FY's 2006-2010; U.S. Census, 2000; American Community Survey, 2005; BAE, 2006. Homeless: The City is a member of the Pinellas County Coalition for the Homeless (PCCH), which is the lead agency for the Continuum of Care. The City supports the Coalition and the priorities established in this Plan match those of the Continuum of Care. The highest homeless priority is given to ending chronic homelessness, families with children, providing shelters and transitional housing, and starting to incorporate the "Housing First" model of providing housing to homeless populations when applicable. The City can utilize CDSG/HOME/SHIP funds to support additional shelters/housing and some of the service providers utilize CDSG and ESG monies for service delivery. The City is also a member and has two seats on the Homeless Leadership Network (LHLN), which is the group that used to be the Homeless Policy Group (HPG). The HPG was responsible for the development of the countywide "10 Year Plan to End Homelessness" that was adopted by the City in March 2006. The HLN is responsible for the oversight of the implementation of the 10-Year Plan and meets monthly to discuss initiatives, priorities, strategies and outcomes. The HLN has the same members as did the HPG, but they have added a few key members from various important stakeholder groups, of which one is the Executive Committee of PCCH. Non-Homeless Special Needs Population: The City has given the non-homeless special needs populations (who require supportive facilities/housing) a medium priority and intends to continue to support activities in this area as we are present projects and/or as we identify activities. Within this group the elderly are being given the highest priority. Community Development: The City will continue to place its highest priority on the holistic physical revitalization of its older low-income neighborhoods and commercial areas. These activities include such things as: physical improvements such as roads, storm drainage, water & sewer, sidewalks and landscaping; public facilities such as parks, recreation areas, senior centers, community centers and public safety facilities; along with commercial fac;ade improvements, neighborhood clean-ups, code enforcement, the demolition of unsafe structures and historic preservation. 7.3.08 final draft 12 Item # 4 Attachment number 2 Page 13 of 32 Identify the federal, state, and local resources expected to be made available to address the needs identified in the plan. Federal resources should include Section 8 funds made available to the jurisdiction, Low-Income Housing Tax Credits, and competitive McKinney-Vento Homeless Assistance Act funds expected to be available to address priority needs and specific objectives identified in the strategic plan. FY08-09 - LIST OF PROPOSED ACTIVITIES Housina Rehabilitation City of Clearwater Rehab Program Delivery Costs $126,187.00 Proaram Administration Community Development Slock Grant Program HOME Investment Partnership Program State Housing Initiatives Partnership Program Gulf Coast Legal Services - Fair Housing Program Community Service Foundation - Fair Housing Program $155,958.00 $52,073.00 $112,068.00 $14,884.00 $14,400.00 Clearance and Demolition City of Clearwater Demolition Program $40,000.00 Relocation City of Clearwater Relocation Program $40,000.00 Public Services Willa Carson Community Health Resource Center Family Service Center, Inc. Homeless Emergency Project, Inc. Pinellas Opportunity Council - Chore Services Powerful Young Adults, Inc. Clearwater Homeless Intervention Project - Emergency Shelter WestCare Gulf Coast - Florida, Inc. Gulf Coast Jewish Family Services-Disable & Frail Elderly Religious Community Services, The Haven Young Woman's Christian Association of Tampa Say, Inc. $18,000.00 $21,632.00 $12,000.00 $30,000.00 $10,871.00 $30,000.00 $19,370.00 $7,000.00 $5,926.00 $15,000.00 Public Facilities and Imorovements Directions for Mental Health, Inc. Religious Community Services - Food Pantry Improvements Homeless Emergency Project City of Clearwater Project $49,500.00 $46,050.00 $100,000.00 $135,149.00 7.3.08 final draft 13 Item # 4 Attachment number 2 Page 14 of 32 Economic Develooment Economic Development-Program Delivery $30,000.00 Acauisition/lnfill Housina-SF/MF City of Clearwater Infill Housing-Program Delivery $30,000.00 Housina Education Pool Tampa Bay CDC - Homeownership Counseling Program Tampa Bay CDC - Dream of Homeownership Counseling Program Community Service Foundation - Partnership To Ownership Prog ra m Community Service Foundation - Homebuyer Education Program Clearwater Neighborhood Housing Service - Housing Education Prog ra m Lighthouse Credit Foundation Foreclosure Prevention Program $100,000.00 Housina Pool - SF IMF - DPA. Infill. Rehabilitation. New Construction *$1,548,450.00 - Largo Area Housing Development Corporation - Clearwater Neighborhood Housing Services, Inc. - Homes for Independence, Inc. - Community Service Foundation, Inc. - Habitat for Humanity of Pinellas County, Inc. HOME Proaram - CHDO Set-Aside (150/0 of Allocation) $78,111.00 TOTAL ESTIMATED FUNDING $2,842,629.00 *Total Funding in the Housing Pool includes $400,000 in SHIP funds earmarked for the Garden Trails Housing Development Project. Managing the Process 1. Identify the lead agency, entity, and agencies responsible for administering programs covered by the consolidated plan. 2. Identify the significant aspects of the process by which the plan was developed, and the agencies, groups, organizations, and others who participated in the process. 3. Describe actions that will take place during the next year to enhance coordination between publiC and private housing, health, and social service agencies. 7.3.08 final draft 14 Item # 4 Attachment number 2 Page 15 of 32 Proaram Year 3 Action Plan Manaaina the Process reSDonse: The City of Clearwater - Economic Development and Housing Department - Housing Division is the lead agency for administering the City's Consolidated Action Plan and Consolidated Planning Document. The City held a public hearing to obtain any comments on the proposed FY08-09 Recommended Allocations with the City's Neighborhood & Affordable Housing Advisory Board on June 10, 2008. The Draft Consolidated Plan was advertised and made available for review for a thirty-day public comment period. The Plan will then be brought before the City's Neighborhood & Affordable Housing Advisory Board and City Council for final approval on July 17, 2008. Consultation for the City's Housing and Community Development programs is an ongoing process for departmental staff. Staff stays attuned to housing and community development issues and needs through the following means: 1. Membership in local and state organizations 2. Participation by City staff on boards, committees and agencies 3. Discussions at committees supported by the City 4. Technical assistance to agencies and other entities 5. Working with local lenders on Community Reinvestment Act commitments and requirements 6. Participation in public forums 7. Holding public hearings 8. Preparation of documents; flyers and brochures regarding specific programs 9. Special studies. The City is a member of the Pinellas County Homeless Coalition and supports the regional Continuum of Care and is represented on the Pinellas County Homeless Leadership Network (HLN) (formerly the Homeless Policy Group - HPG). Citizen Participation 1. Provide a summary of the citizen participation process. 2. Provide a summary of citizen comments or views on the plan. 3. Provide a summary of efforts made to broaden public participation in the development of the consolidated plan, including outreach to minorities and non- English speaking persons, as well as persons with disabilities. 4. Provide a written explanation of comments not accepted and the reasons why these comments were not accepted. *Please note that Citizen Comments and Responses may be included as additional files within the CPMP Tool. 7.3.08 final draft 15 Item # 4 Attachment number 2 Page 16 of 32 Proaram Year 3 Action Plan Citizen Particioation resoonse: The City of Clearwater has adopted a Citizen Participation Plan (and Anti- Displacement Plan) that meets all HUD regulations. The City advertised the "Notice of Funding Availability" on March 6, 2008 in the St. Petersburg Times and also posted the Notice on the City's website. The Application period opened on March 3, 2008 and closed on April 4, 2008. The City will hold a public hearing for the proposed "FY08-09 Recommended Allocations" at the City's Neighborhood and Affordable Housing Advisory Soard (NAHAS) July 8, 2008 meeting. The Draft Consolidated Plan was made available for a thirty-day public review and comment period. Instructions for persons with disabilities who required accommodation(s) for participation in all public hearings was contained in all notices for public hearings. The final FY08-09 Consolidated Action Plan is scheduled to be approved by the City Council on July 17, 2008. The City maintains ongoing contacts with all its Housing, Homeless and Community Development partners through notices of NAHAS meetings and other areas of interest. In order to broaden the public participation process the City frequently will advertise meetings and events on the City's Web Site. The website also provides a comprehensive listing of the City's Economic, Housing and Community Development programs. Institutional Structure 1. Describe actions that will take place during the next year to develop institutional structu re. Program Year 3 Action Plan Institutional Structure response: The City's continues to work with the various providers and partners of their programs in an effort to expand its services and opportunities and to make small, continuous improvements to the process and continue to solicit input from all organizations involved in the process. We also plan to work with our less experienced non-profits to build and expand their capacity so that they can become self-sufficient. Monitoring 1. Describe actions that will take place during the next year to monitor its Housing and Community Development projects and ensure long-term compliance with program requirements and comprehensive planning requirements. 7.3.08 final draft 16 Item # 4 Attachment number 2 Page 17 of 32 Program Year 3 Action Plan Monitoring response: All subrecipients will be provided guidance on where they can obtain a detailed listing of the federal and local regulations relating to their specific activity, along with an explanation as to how these apply to the particular project. Specific subrecipient agreements will be executed with each subrecipient, giving measurable objectives for the eligible activities to be carried out. Each project is monitored on an ongoing basis through the submittal of required monthly reports, and pre-construction conferences attended by department staff. Documentation submitted with reimbursement requests is reviewed for compliance with applicable regulations and measurable objectives prior to issuing funds. On-site monitoring of selected subrecipients will be scheduled and completed annually by the Housing Manager. A checklist will be completed and reviewed to ensure all aspects of the activity are carried out in accordance with applicable regulations. A follow-up letter will be sent to the subrecipient stating the outcome of the monitoring visit. In addition to the above documentation, any subrecipient determined to be in need of and/or requesting additional training on how to meet grantee and federal requirements will receive technical assistance in the form deemed most appropriate to the circumstances by the Accounting and Contracts Manager, Project Manager, or Housing Manager. Additional technical assistance, if needed or requested, will be given at the time of the annual monitoring. HOME: Monitoring will be carried out in accordance with federal regulations to insure compliance with all HOME requirements. Each subrecipient will be monitored on-site to verify that: 1. The minimum percent requirement for "HOME Assisted" units is being met under the contract 2. Eligible tenant occupancy meets the minimum percent requirement for "HOME Assisted" units under the guidelines 3. Contractual requirements regarding concentration of "HOME Assisted" units and special treatment of HOME tenants are being adhered to 4. The waiting list procedures are in compliance with the grant covenants 5. The Equal Housing Provisions of the contract are being adhered to 6. The MBE and WBE provisions of the contract are being adhered to 7. The HOME assisted units meet housing quality standards, and on-site files will be reviewed for the following information: o Current and signed lease o Lease that is being used meets the requirements of the HOME Program o Verify tenant's signature to an acceptable form of identification o Verify monthly rent is in compliance o Verify tenant's income is supported by file documentation o Verify annual recertification was performed in a timely fashion and in compliance with contract provisions 7.3.08 final draft 17 Item # 4 Attachment number 2 Page 18 of 32 Lead-based Paint 1. Describe the actions that will take place during the next year to evaluate and reduce the number of housing units containing lead-based paint hazards in order to increase the inventory of lead-safe housing available to extremely low-income, low-income, and moderate-income families, and how the plan for the reduction of lead-based hazards is related to the extent of lead poisoning and hazards. Program Year 3 Action Plan Lead-based Paint response: Throughout the fiscal year the County Health Department screens and tests school children for lead poisoning. The City will continue to test all buildings built before 1978 for lead-based paint in all its housing programs. Lead-Based Paint Hazard Reduction - The City follows procedures as specified in applicable regulations and, specifically, those detailed in Title X. The Department and its representatives provide all required notifications to owners and occupants and inspect for defective paint surfaces of pre-1978 properties. Any defective paint conditions found are included in the scope of work and treatment provided to the defective areas. No children under 7 years of age have been found to have identified Environmental Intervention Blood Lead Level (EIBLL) condition; however, interior chewable surfaces are treated as necessary. All Department policies and procedures have been revised to conform to Title X. A staff member, EPA certified, orders and reviews paint inspections, risk assessments and clearance testing of suspect properties done by licensed testing professionals. In every program where Federal funds are expended on a housing unit, the City incorporates the current procedures for hazard reduction or LBP abatement guidelines as defined in 24 CFR Part 35. A problem that impacts the rehabilitation of owner-occupied housing units is the presence of lead based paint if the home was built prior to 1978. The costs for the treatment or removal of these conditions can go from minor costs for encapsulation to major costs for removal. When a home is identified as a candidate for the City's Rehabilitation program, and if it was built prior to 1978, it is inspected for lead in accordance to the rules of the federal programs. Should lead hazards be found, the City will discuss the options with the homeowner to eradicate the lead presence. The City may provide up to a $10,000 grant for lead abatement. The City works closely with the Willa Carson Health Resource Center (f/k/a North Greenwood Community Health Resource Center) and the Pinellas County Health Department in referring children for lead-based paint screenings. The City has recently done some extensive research to obtain some educational and outreach materials pertaining to lead-based paint. We have put many brochures, education materials and useful links that we have found on our website for citizens to obtain and read. 7.3.08 final draft 18 Item # 4 Attachment number 2 Page 19 of 32 Specific Housing Objectives *Please also refer to the Housing Needs Table in the Needs,xls workbook, 1. Describe the priorities and specific objectives the jurisdiction hopes to achieve during the next year. 2. Describe how Federal, State, and local public and private sector resources that are reasonably expected to be available will be used to address identified needs for the period covered by this Action Plan. Program Year 3 Action Plan Specific Objectives response: PRIORITIES AND SPECIFIC HOUSING OBJECTIVES FOR FY2008-2009: The City will accomplish the following specific housing objectives in the coming year: Housing Pool CHDO Set-aside Demolition of Unsafe Structures Relocation Housing Education/Counseling Foreclosure Prevention $ $ $ $ $ $ 1,548,450. 78,111. 40,000. 40,000. 50,000. 50,000. 1 DH-l (1): To build 10-50 mixed income rental units 2 DH-l(2): To acquire and/or rehab 5-10 units in small rental complex for mixed-income affordable rental 3 DH-l(3): To provide credit counseling and homeownership training assistance to 30 perspective very-low to moderate income prospective homebuyers 4 DH-2(1): To build 10-50 mixed income rental units 5 DH-2(2): To provide down payment assistance to 10 low to moderate income home buyers 6 DH-2(3): To construct 2-5 infill homes for very-low to moderate income households 7 DH-3(1): To rehabilitate 20 units by performing minor or major repairs on existing owner-occupied housing The City is committed to preserving our existing housing stock and during this upcoming year. We have also allocated $1,548,450 in CDBG/HOME/SHIP funds for our Housing Pool, which funds such activities as: down payment assistance, infill housing development, acquisition, new construction of single family and multifamily projects and housing rehabilitation. The Housing Pool funds are primarily used by our Housing Partners, but if the City identifies a project, we can also access those funds. In terms of Housing Education and Counseling, which also includes foreclosure prevention, the City will allocate $100,000 in funding through the State Housing Initiatives Partnership (SHIP) Program. The City, through its partners, will offer budgeting, financial management, and homeownership counseling in an effort to assist the very-low to moderate income underserved to becoming financially sufficient to purchase and maintain a home. The City of Clearwater will continue to monitor current market conditions regarding foreclosures and will amend our plans if 7.3.08 final draft 19 Item # 4 Attachment number 2 Page 20 of 32 additional funds are needed and if they are available. The organizations that will be providing Housing Education during the next fiscal year include: 1. Tampa Say Community Development Corporation, Inc. 2. Community Service Foundation, Inc. 3. Clearwater Neighborhood Housing Services, Inc. 4. Consumer Credit Counseling Service of Central Florida & The Florida Gulf Coast, Inc. In terms of Foreclosure Prevention, the City has allocated $50,000 to assist households who have been previously assisted with City of Clearwater SHIP, HOME or CDSG funds in order to prevent foreclosure. The City will provide funds only one time to bring a household current with their existing first mortgage, up to a maximum of six (6) payments or the maximum allowable subsidy under this strategy. The household must have been assisted with City of Clearwater SHIP, HOME and/or CDSG funds within the past five (5) years and in order to provide assistance to bring current, must be very-low, low or moderate income at the time the Foreclosure Prevention assisted is provided. The amount of the assistance will be added to the borrower's existing City of Clearwater loan through a modification of mortgage note. The household must commit to enroll in a credit counseling/budgeting course offered by an approved local provider. Assistance will only be provided where a valid (documented) hardship exists that is the cause for the delinquency on their first mortgage payments. Such examples of hardship include, but not limited to: 1. Loss of Employment, through no fault of borrower(s) 2. Substantial Decrease in Household Income, through no fault of borrower(s) 3. Death of Spouse 4. Temporary or Permanent Disability that Reduces Income 5. Recent Divorce that Reduces Income 6. Natural Disaster 7. Fire Applicants requesting assistance using the Eviction Protection Program must meet the following criteria: very low income, must be in danger of being evicted out of their rental dwelling unit because of late or non-payment. Applicants must show that they have the ability to pay the rent after the City's assistance is given without further assistance. Assistance is limited to a one-time award per twelve-month period. Applicants cannot rent mobile homes. Eligibility will be performed on an expedited basis and may include alternative forms of documentation, such as current pay stubs and benefit letters, as well as oral verification of employment wages, other income, and assets. Assistance shall be done on a first-come, first-served basis. In addition, funds will be made available through the City's Housing Pool to our housing subrecipients through a housing pool, which is based on a first-come, first- serve, and first-eligible basis. Through the Housing Pool participating organizations can provide down payment assistance, request funds for new construction and/or funds for acquisition/rehabilitation activities. The City has also allocated $40,000 in CDSG funds towards the demolition of unsafe 7.3.08 final draft 20 Item # 4 Attachment number 2 Page 21 of 32 structures that we identify through our Housing Program. These funds are usually in the form of a grant if the demolition is part of a housing replacement and/or infill housing type activity. We have also allocated $40,000 in CDSG funds to assist with any relocation activities that may be required relating to our Housing Rehabilitation and Infill Programs. Fair Housing The City has also routinely updates its Housing brochure and plans to make it available in Spanish. The City has put on our website documents pertaining to such things as: "Responsible Lending", "Predatory Lending" and "Fair Lending" (a copy of the Housing Division's Website is located in Appendix). Gulf Coast Legal Services will receive $14,884 in CDSG funds to provide services to assist their housing preservation activities. Their Housing Preservation program will provide assistance to low to moderate income residents who are experiencing or who have experienced discrimination and/or fraud in housing and to remedy those matters through negotiation, mediation or litigation and to report violators to the local Fair Housing Authority for investigation if warranted. In addition, Community Service Foundation will receive $14,400 in CDSG funds to administer their Fair Housing Education program. In an effort to conduct more outreach to those Areas of Minority Concentrations (AOMC) the City and its Housing Partners, will continue to explore avenues to address the Housing and Community Development needs of AMOCs and develop/obtain marketing-education materials for those populations. Needs of Public Housing 1. Describe the manner in which the plan of the jurisdiction will help address the needs of public housing and activities it will undertake during the next year to encourage public housing residents to become more involved in management and participate in homeownership. 2. If the public housing agency is designated as "troubled" by HUD or otherwise is performing poorly, the jurisdiction shall describe the manner in which it will provide financial or other assistance in improving its operations to remove such designation during the next year. Proaram Year 3 Action Plan Public Housina Strateav reSDonse: The Clearwater Housing Authority (CHA) has in place an ongoing management program to involve residents in its operations. CHA is recognized throughout the state and nation as being a very progressive Housing Authority. Income eligible residents of CHA's programs are eligible for all of the City's affordable housing programs. The City continues to express our interest to partner with CHA on their redevelopment of their Jasmine Courts Community in East Clearwater. CHA has 7.3.08 final draft 21 Item # 4 Attachment number 2 Page 22 of 32 demolished development that was made up of old outdated multifamily structures. Due to unforeseen site development costs, the redevelopment has been delayed. CHA has selected a development partner to assist with the redevelopment. It is envisioned that the community will be a mixed-income/mixed-use type community. The City's Public Housing Authority is not listed as troubled by HUD. Barriers to Affordable Housing 1. Describe the actions that will take place during the next year to remove barriers to affordable housing. Program Year 3 Action Plan Barriers to Affordable Housing response: The City of Clearwater, along with Pinellas County and the Cities of Largo and St. Petersburg, in conjunction with the business community, formed a "Community Housing Workgroup" in Summer 2005 to look at the various issues and challenges facing the County in terms of affordable/community/workforce housing. Pinellas County was the lead on this endeavor. Since that time the County has adopted a series of ordinances aimed at addressing their affordable housing challenges. The Pinellas County Commission adopted an ordinance to create a County Housing Trust Fund that will benefit the four (4) federal entitlement communities along with all the other incorporated cities in the County. The County has funded the trust fund during the last two fiscal years. In addition, the City, along with Pinellas County and the Cities of Largo and St. Petersburg funded an Affordable Housing Nexus Study. The full study can be reviewed at The study concluded the following as barriers to affordable housing: . Jurisdictions throughout Pinellas County report the number of housing units authorized by new building permits each month to the U.s. Bureau of the Census. . The cost burdens of insurance and real estate taxes are beginning to outstrip the mortgage payments, particularly among residents who bought their homes some time ago. . The lack of flexible zoning regulations reduce the number of units that can be built. Thereby, increasing the costs for housing units. 7.3.08 final draft 22 Item # 4 Attachment number 2 Page 23 of 32 . Land costs are particularly difficult to generalize because values range dramatically from beachfront property to inland properties with limited accessibility and visibility. . Soft costs include architectural and engineering fees, legal and accounting fees, financing fees and interest costs, developer fees, insurance, real estate taxes, building fees and permits, impact fees and contingency funds in case unforeseen costs occur or the actual costs are higher than the estimated costs. . Hard construction costs have escalated rapidly over the past three years in response to a number of economic factors. The booming housing market increased demand for raw materials and construction services. The Nexus Study data compares information obtained from 2002 through November of 2006. The economic impact from the Sub-Prime Mortgage collapse has affected new construction at a level not seen in the past few decades. As a result, construction trends and costs associated with the industry will remain out of balance for the remainder of 2008. Current statistics are misleading due to the number of unsold properties and inventory homes still on the market. The city will continue to monitor current market conditions and will evaluated policies and programs to address accordingly. Rental Housing Rental housing in apartment communities of 50 or more units totaled just over 30,000 units in the second quarter of 2006. Shown in Appendix Table 8-14, these included 45 percent one-bedroom units, 46 percent two-bedroom units and 7 percent three-bedroom units. Average rents increased from $716 in 2004 to $801 in 2006, a 12-percent increase in two years. Rent increases were highest from 2005 to 2006, averaging 7.8 percent. The rent increases accompanied a significant tightening of the market as vacancy rates fell from 7.0 percent in 2004 to 3.8 percent in 2006. Typically, rental markets need vacancies of 5.0 percent to accommodate tenants. The decline in vacancies is partly related to the reduced size of the rental housing stock, resulting from condominium conversion trends discussed above. Rental Ranges The following table shows the distribution of apartments by city and unit size. Median monthly rents range from $570 for a studio apartment to $1,350 for apartments with four or more bedrooms - $0.82 per square foot for three-bedroom apartments to $1.14 per square foot for studio apartments. The county's highest rents were $1.47 per square foot for a studio apartment. Units are relatively small compared to apartments in other markets. One- and two-bedroom units had median sizes of 732 and 1,020 square feet, respectively. Appendix Table 8-15 provides additional detail on the range of rents by unit size. Table 2: Pinellas County Rental Market Data by City, 2nd Quarter 2006 7.3.08 final draft 23 Item # 4 Attachment number 2 Page 24 of 32 Four or One Two Th ree More Studios Bedrooms Bed rooms Bed rooms Bedrooms Clearwater Number of Units 164 3,113 4,102 670 31 Number Vacant 13 174 208 44 0 Vacancy Rate 7.9% 5.6% 5.1% 6.6% 0.0% Median Rent $570 $710 $825 $1,100 $1,363 Median Size (Sq. Ft.) 500 750 1,000 1,390 1,595 Median Rent per Sq. Ft. $1.14 $0.99 $0.80 $0.81 $0.86 Rents Versus Wages The National Low Income Housing Coalition (NIHC) calculates another measure of the affordability of rental housing, evaluating the hourly wage required to afford the median rent for a two-bedroom apartment and the number of hours a minimum- wage worker would need to work to afford the same unit. In Pinellas County, the NLIHC uses the 2007 Fair Market Rent of $817 as the estimated cost of renting a two-bedroom apartment - 28 percent above the 2000 level. To afford such a unit paying 30 percent of income for housing, a household would need an annual income of $32,680. The wage-earner of a single-earner household would need to make $15.71 per hour to afford the median-priced apartment - 28 percent more than the mean wage of county renters. A person earning minimum wage would need to work 98 hours per week to afford the median rent. The householder earning the mean renter wage would need to work 51 hours weekly to afford the median rent; many, in fact, work two jobs to cover their housing costs. The City continues to analyze the variety of tools and incentives that may be used in the future to produce and preserve affordable housing. Over the past years there has been a tremendous activity of education and workshops, held by various segments of the private, non-profit and government sectors to raise awareness of the growing affordable housing challenges. The City continues to look at our current affordable housing programs and policies to determine what sort of additional "tools" we can add to our "Affordable Housing Toolbox" to address our affordable housing challenges. HOME/ American Dream Down payment Initiative (ADDI) 1. Describe other forms of investment not described in 992.205(b). 2. If the participating jurisdiction (P]) will use HOME or ADD! funds for homebuyers, it must state the guidelines for resale or recapture, as required in 9 92.254 of the HOME rule. 7.3.08 final draft 24 Item # 4 Attachment number 2 Page 25 of 32 3. If the PJ will use HOME funds to refinance existing debt secured by multifamily housing that is that is being rehabilitated with HOME funds, it must state its refinancing guidelines required under 9 92.206(b). The guidelines shall describe the conditions under which the PJ will refinance existing debt. At a minimum these guidelines must: a. Demonstrate that rehabilitation is the primary eligible activity and ensure that this requirement is met by establishing a minimum level of rehabilitation per unit or a required ratio between rehabilitation and refi na nci ng. b. Require a review of management practices to demonstrate that disinvestments in the property has not occurred; that the long-term needs of the project can be met; and that the feasibility of serving the targeted population over an extended affordability period can be demonstrated. c. State whether the new investment is being made to maintain current affordable units, create additional affordable units, or both. d. Specify the required period of affordability, whether it is the minimum 15 years or longer. e. Specify whether the investment of HOME funds may be jurisdiction-wide or limited to a specific geographic area, such as a neighborhood identified in a neighborhood revitalization strategy under 24 CFR 91.215(e)(2) or a Federally designated Empowerment Zone or Enterprise Community. f. State that HOME funds cannot be used to refinance multifamily loans made or insured by any federal program, including CDBG. 4. If the PJ is going to receive American Dream Down payment Initiative (ADD!) funds, please complete the following narratives: g. Describe the planned use of the ADD! funds. h. Describe the PJ's plan for conducting targeted outreach to residents and tenants of public housing and manufactured housing and to other families assisted by public housing agencies, for the purposes of ensuring that the ADD! funds are used to provide down payment assistance for such residents, tenants, and families. i. Describe the actions to be taken to ensure the suitability of families receiving ADD! funds to undertake and maintain homeownership, such as provision of housing counseling to homebuyers. Proaram Year 3 Action Plan HOME/ADDI reSDonse: The funds set aside for the City's Homeownership Rehabilitation Program will be used to rehabilitate up to twenty (20) homes. In addition to our typical loan for rehabilitation repairs, the City may also provide funds in the amount up to $10,000 for emergency repairs, if their income is at or below 80% of Area Median Income (AMI). The funds will be provided as a loan in most cases, but at times under certain conditions a grant may be used. In the City's Homeowner Rehabilitation program, the City will make loans to homeowners of up to 50% of the value of their home, but in no case shall it exceed $50,000. The average rehabilitation assistance has been ranging between $30,000 - $40,000. The loan may be a deferred payment loan for homeowners whose income is less than 80% of AMI, and it will be payment-type loan for homeowners whose income are above 80% of AMI and have the ability to make a small payment. For households above 80% AMI the City will use our SHIP funds. The City will place 7.3.08 final draft 25 Item # 4 Attachment number 2 Page 26 of 32 priority on serving very-low and low-income households over moderate-income households. All loans will include a recapture provision should the homeowner sell, rent, and/or transfer the property within its affordability period. For loans that use HOME funds, the City will attach to the mortgage document a "Restrictive Covenant" outlining the requirements of the HOME funds. A copy of the Restrictive Covenant is included in the Appendix. The City will typically recapture the entire amount of the investment less any amount the homeowner has repaid. Funds set aside for new construction and acquisition through the Housing Pool will be made to homeowners whose income is less than 120% of area median income (at or below 80% for HOME). In most cases the funds will be provided as a deferred payment loan until the home closes and the new owner obtains permanent financing. At that point the developer shall repay the City for the entire amount of the investment, less any funds left-behind for down payment and closing cost assistance. If the non-profit developer is a Community Housing Development Organization (CHDO), the City may allow them to retain the proceeds from the sale of the home to be used for future HOME eligible activities. In those cases the City will enter into a separate "CHDO Proceeds Agreement" that outlines the uses of the CHDO Proceeds. The City will include the applicable recapture language/Restrictive Covenants in all loan documents using HOME funds. Lastly, we have allocated $100,000 in FY 2008-09 HOME funds for the costs associated with the development of office space for the Homeless Emergency Project (HEP). The City continues to use CHDO funds to help build capacity in our housing non- profits and to assist with many predevelopment type expenses for proposed developments that those organizations are pursuing. Funds made available to homebuyers of new or existing homes for down payment and closing cost assistance will be deferred as long as the homeowner obtains title and resides in the home and does not rent, sell or transfer title. A recapture provision will be included in the loan where the homeowner will repay the entire amount of the City subsidy/investment. A HOME Community Housing Development Organization (CHDO) has yet to be determined for the existing year and upcoming fiscal year, therefore the type of project/activity is "unknown". A total of $78,111 will be set-aside for CHDO activities (15% of HOME allocation) The City is not a recipient of HOME - ADD! fundinq. Specific Homeless Prevention Elements *Please also refer to the Homeless Needs Table in the Needs,xls workbook, 7.3.08 final draft 26 Item # 4 Attachment number 2 Page 27 of 32 1. Sources of Funds-Identify the private and public resources that the jurisdiction expects to receive during the next year to address homeless needs and to prevent homelessness. These include the McKinney-Vento Homeless Assistance Act programs, other special federal, state and local and private funds targeted to homeless individuals and families with children, especially the chronically homeless, the HUD formula programs, and any publicly-owned land or property. Please describe, briefly, the jurisdiction's plan for the investment and use of funds directed toward homelessness. 2. Homelessness-In a narrative, describe how the action plan will address the specific objectives of the Strategic Plan and, ultimately, the priority needs identified. Please also identify potential obstacles to completing these action steps. 3. Chronic Homelessness- The jurisdiction must describe the specific planned action steps it will take over the next year aimed at eliminating chronic homelessness by 2012. Again, please identify barriers to achieving this. 4. Homelessness Prevention-The jurisdiction must describe its planned action steps over the next year to address the individual and families with children at imminent risk of becoming homeless. 5. Discharge Coordination Policy-Explain planned activities to implement a cohesive, community-wide Discharge Coordination Policy, and how, in the coming year, the community will move toward such a policy. Proaram Year 3 Action Plan 50ecial Needs resoonse: The City continues to work with our homeless service providers to address the needs and services of our homeless populations. The January 2008 Homeless Count was 5,200 and it continues to grow each year. This amount shows a 10% increase since 2006. Listed below are some of the alarming facts and trends pertaining our homeless population: 1. 48.3% are "Chronic": o Homeless Longer than 1 Year o of 4+ times in 3 years 2. 42.2% are Women & Children 3. 62% Have Lived in Pinellas County for 2+ Years o More than Half of those for 5+ Years 4. 33.6% Work Full or Part-Time 5. 47.3% Have a Permanent Source of Income from Work, Disability or Retirement The City of Clearwater is a member of the Pinellas County Homeless Coalition, which is the Lead Agency for the countywide Continuum of Care. The City supports the Homeless priorities established in the Continuum and those established by the Homeless Policy Group in their development of the County's "10-Year Plan to End Homelessness". 7.3.08 final draft 27 Item # 4 Attachment number 2 Page 28 of 32 On January 13, 2006, Opening Doors of Opportunity: A lO-Year Plan to End Homelessness in Pinel/as County (the "Plan") was adopted by the Homeless Policy Group. This plan has been adopted by the City, along with Pinellas County and several cities within the County, including St. Petersburg, Pinellas Park, Tarpon Springs, and Largo, and has been filed with the U.s. Department of Housing and Urban Development. The Plan was adopted by resolution by City Council on March 16, 2006, and was publicly presented on Wednesday, April 5, 2006, at a press conference attended by local leaders and local HUD officials. The Homeless Policy Group has transitioned into the Pinellas County Homeless Leadership Network, with the Pinellas County Coalition for the Homeless (lead agency for the Continuum of Care) overseeing the administrative portion of the plan. Specific planned action steps and barriers to achievement are detailed in the Plan, which is available to the public on-line or by contacting any member of the Leadership Network. In preparation for this 2008-2009 Action Plan, the City will prioritize funds for activities relating to homelessness and to ensure collaboration with the Plan. The City, through our Homeless Service Provider partners will carry out the following specific activities: *Homeless Emergency Project - Infill Religious Community Services - The Haven Religious Community Services - Food Pantry CHIP - Operations $ 100,000. $ 5,926. $ 46,050. $ 30,000. Many of the activities that the City will be involved with directly and indirectly are contained in the County's "10-Year Plan to End Homelessness". Emergency Shelter Grants (ESG) (States only) Describe the process for awarding grants to State recipients, and a description of how the allocation will be made available to units of local government. Program Year 3 Action Plan ESG response: The City is not a recipient of ESG funds. Community Development *Please also refer to the Community Development Table in the Needs,xls workbook, 1. Identify the jurisdiction's priority non-housing community development needs eligible for assistance by CD8G eligibility category specified in the Community Development Needs Table (formerly Table 28), public facilities, public improvements, public services and economic development. 7.3.08 final draft 28 Item # 4 Attachment number 2 Page 29 of 32 2. Identify specific long-term and short-term community development objectives (including economic development activities that create jobs), developed in accorda nce with the statutory goa Is descri bed in section 24 CFR 91.1 a nd the primary objective of the CDBG program to provide decent housing and a suitable living environment and expand economic opportunities, principally for low- and moderate-income persons. *Note: Each specific objective developed to address a priority need, must be identified by number and contain proposed accomplishments, the time period (i.e" one, two, three, or more years), and annual program year numeric goals the jurisdiction hopes to achieve in quantitative terms, or in other measurable terms as identified and defined by the jurisdiction, Proaram Year 3 Action Plan Communitv Develooment resoonse: The City plans to review the infrastructure and public facility needs in our Neighborhood Revitalization Strategy Areas and Downtown Community Redevelopment Area and analyze the feasibility of carrying out such activities. We have allocated $330,699 in CDBG funds for this proposed activity(s). In addition, we will be providing funding to a number of organizations to make improvements to their current facilities so that they can continue to serve low and moderate-income individuals and households. 1 Religious Community Services, Inc. - Food Pantry Improvements 2 Homeless Emergency Project - Office Development 3 City of Clearwater Project - To be determined 4 Directions for Mental Health - Building/Parking Lot Improvements 7.3.08 final draft 29 Item # 4 Attachment number 2 Page 30 of 32 Antipoverty Strategy 1. Describe the actions that will take place during the next year to reduce the number of poverty level families. Program Year 3 Action Plan Antipoverty Strategy response: Twelve Percent (20%) of the City's residents live in poverty, which matches the national average. The City of Clearwater participates in the Tampa Bay Partnership, the regional Economic Development agency and Enterprise Florida, the Statewide Economic Development entity; and has its own Economic Development program. The Tampa Bay Partnership internationally recruits companies to locate in the Tampa Bay region. They provide a full range of business relocation assistance programs and utilize state and local incentive programs to help in this process. There are also Small Business Development Centers at the Community College, Business Incubators, and SBA Small Business Development Centers. This agency also works with a network of educational agencies to provide customized job training programs for the business community. The area's Workforce Development Board and Worknet also provide job training/employment skills to low- income residents. The City of Clearwater also has its own Economic Development program, which is designed to interface with the regional program and work on specific local issues. The City prepared one of the first 'Brownfield' redevelopment plans in the state, has an Enterprise Zone and a HUB Zone, which are all designed to spur redevelopment/reinvestment in its low-income areas. The City also has major redevelopment occurring along the US-19 and SR-60 corridors, in downtown and at the beach. There is a Main Street Program to assist downtown merchants. The City also works closely with the Clearwater Regional Chamber of Commerce with providing technical assistance to business owners. All these programs have created new jobs and opportunities in the City. Collectively, these programs represent a highly effective anti-poverty program. Non-Homeless Special Needs (91.220 (e) and (e)) *Please also refer to the Non-homeless Special Needs Table in the Needs,xls workbook, 1. Describe the priorities and specific objectives the jurisdiction hopes to achieve for the period covered by the Action Plan. 2. Describe how Federal, State, and local public and private sector resources that are reasonably expected to be available will be used to address identified needs for the period covered by this Action Plan. 7.3.08 final draft 30 Item # 4 Attachment number 2 Page 31 of 32 Program Year 3 Action Plan Specific Objectives response: The City intends to undertake the following activities with the assistance of our partners to assist its Special Needs populations: Pinellas Opportunity Council YWCA - Hispanic Outreach Center Gulf Coast Jewish Family Services Willa Carson Health Resource Center $ $ $ $ 30,000 15,000. 7,000 18,000 Housing Opportunities for People with AIDS *Please also refer to the HOPWA Table in the Needs,xls workbook, 1. Provide a brief description of the organization, the area of service, the name of the program contacts, and a broad overview of the range/ type of housing activities to be done during the next year. 2. Report on the actions taken during the year that addressed the special needs of persons who are not homeless but require supportive housing, and assistance for persons who are homeless. 3. Evaluate the progress in meeting its specific objective of providing affordable housing, including a comparison of actual outputs and outcomes to proposed goals and progress made on the other planned actions indicated in the strategic and action plans. The evaluation can address any related program adjustments or future plans. 4. Report on annual HOPWA output goals for the number of households assisted d u ri ng the yea r in: (1) short-term rent, mortgage a nd uti I ity payments to avoid homelessness; (2) rental assistance programs; and (3) in housing facilities, such as community residences and SRO dwellings, where funds are used to develop and/or operate these facilities. Include any assessment of client outcomes for achieving housing stability, reduced risks of homelessness and improved access to care. 5. Report on the use of committed leveraging from other public and private resources that helped to address needs identified in the plan. 6. Provide an analysis of the extent to which HOPWA funds were distributed among different categories of housing needs consistent with the geographic distribution plans identified in its approved Consolidated Plan. 7. Describe any barriers (including non-regulatory) encountered, actions in response to barriers, and recommendations for program improvement. 8. Please describe the expected trends facing the community in meeting the needs of persons I ivi ng with HIV / AIDS a nd provide add itiona I information rega rd i ng the administration of services to people with HIV/AIDS. 9. Please note any evaluations, studies or other assessments that will be conducted on the local HOPWA program during the next year. 7.3.08 final draft 31 Item # 4 Attachment number 2 Page 32 of 32 Proaram Year 3 Action Plan HOPWA resoonse: The City is not a recipient of HOPWA funds. Specific HOPW A Objectives Describe how Federal, State, and local public and private sector resources that are reasonably expected to be available will be used to address identified needs for the period covered by the Action Plan. Proaram Year 3 50ecific HOPWA Obiectives resoonse: Include any Action Plan information that was not covered by a narrative in any other section. 7.3.08 final draft 32 Item # 4 Attachment number 3 Page 1 of 6 FY08-09 - Consolidated Action Plan City of Clearwater FY2008-2009 Consolidated Action Plan Summary The City of Clearwater through its housing and community development programs provides a variety of funding to very-low, low and moderate income households and public service agencies. The funding for these activities comes from the federal and state housing and community development entitlement grants that the City receives annually. Each year the City receives an annual allocation from the State of Florida through the State Housing Initiatives Partnership (SHIP) Program. The SHIP Program has been in existence since 1992. Florida is one of the only states that have a dedicated source of revenue for affordable housing. From the federal government, the City receives an annual allocation from the Community Development Block Grant (CDBG) and the Home Investment Partnership Program (HOME) programs. CDBG has been around since 1974 and the HOME program has been around since 1990. All three of these programs are entitlement grants whereby the City receives an annual allocation as long as we continue to follow the rules and regulations prescribed by each program. The City of Clearwater has identified the housing and community development goals listed below in our FY2005-2010 Consolidated Planning Document. Communitv Development . Community self-investment in low/moderate income areas . Facilities/services to address critical social service needs . Facilities/services for seniors, children and persons with special needs . Expanded economic opportunities Housing and Homeless . Revitalize older housing and demolish unsafe structures . Produce high-quality affordable housing . Provide housing assistance . Services/housing for the homeless. Emergencies . Governmental response to emergency/life threatening situations These goals will enable the City to utilize its federal and state programs to meet all the uses allowed by these programs. Item # 4 Attachment number 3 Page 2 of 6 FY08-09- Consolidated Action Plan These grants fund activities such as: . Down Payment and Closing Cost Assistance . Gap Financing . New Construction (Single & Multifamily) . Rehabilitation (Single & Multifamily) . Acquisition . Emergency Repairs . Disable Retrofit . Home Buyer Education and Counseling . Foreclosure Prevention . Public Services . Public Facilities (New & Renovations) \ Infrastructure . Fair Housing Activities . Homeless Housing Activities The City of Clearwater has identified priorities for performing housing and community development activities through the Consolidated Planning process. The first priority is to provide decent, adequate and affordable housing in safe and desirable environments for homeowners, homebuyers and renters. The second priority is to provide housing and supportive services for the homeless and non-homeless with special needs. FY08-09 Action Plan Process . February - Process began with Advertising Notice of Funding Availability . March - Thirty-One (31) applications were received . March - April - Applications were reviewed and ranked by Technical Review Committee . May - Neighborhood and Affordable Housing Advisory Board (NAHAB) unanimously approved the proposed funding recommendations . July - NAHAB approved FY08-09 Consolidated Action Plan . July - FY08-09 Consolidated Action Plan to be presented to City Council . August 15th - Deadline to submit Action Plan to HUD . August & September - Draft and Execute Subrecipient Agreements . September - Technical Assistance Workshop . October 1st - Fiscal Year Begins CDBG HOME SHIP Total Available Funding* $1,076,211 $ 520,737 $1.245.681 $2,842,629 *Inclusive of Estimated Program Income Funds from the Housing Division dated May 2008. 2 Item # 4 Distribution of Funds Public Services* Public Facility & Improvements Relocation Demolition Housing Pool- (DPA, Rehab, Infill, New Const.) Home Ownership Education/Counseling Foreclosure Prevention Program Admini strati on Program Delivery Fair Housing Education HOME - CHDO TOTAL Attachment number 3 Page 3 of 6 FY08-09- Consolidated Action Plan $169,799 $330,699 $40,000 $40,000 $1,548,450 $50,000 $50,000 $320,099 $186,187 $29,284 $78, III $2,842,629 *NOTE: Out of the 12 applications for Public Service funding - ten (10) applications were recommended for funding. The top two (2) agencies received allocations 60% of their request, or $30,000, whichever is less. The next two (2) ranked agencies received 50% of their request or, $30,000, whichever is less, and the remaining agencies received 40% of their request or, $30,000, whichever is less, until the amount budgeted for Public Services were exhausted (15% of CDBG allocation). This year we exceeded our Public Services cap, because we are providing funding to the Willa Carson Health Resource & Homeless Emergency Project Center, which is considered a "Community Based Development Organization" (CBDO) and they are operating in the City's HUD- Approved North Greenwood Neighborhood Revitalization Strategy Area (NRSA). By being a CBDO and operating in a NRSA, the City is allowed to exceed our Public Service Cap. The Public Facility applicants were allocated funds using the same methodology as the Public Service applicants, until the amount of funds available were exhausted. 3 Item # 4 FY08-09 ACTION PLAN ACTIVITIES Homeowner Assistance . Rehabilitation . Emergency Repairs . Foreclosure Prevention . Rental Deposit & Eviction Protection Homebuyer Assistance . Downpayment and Closing Costs Assistance . Lot Acquisition . New Construction . Home Buyer's Club . Home Buyer's Education Classes Rental Assistance . Rehabilitation . New Construction Homeless Assistance . Medical Services . Inebriate Care . Supportive Housing . Transitional Housing Special Needs . Elderly & Disabled Cleaning Services . Elderly Intergenerational Activities . Mental Health Services . Substance Abuse Services . Handicap Modifications Non-Community Development Assistance . Infant and Toddler Care . Hispanic Outreach . Self Sufficiency Program . Health Services 4 Attachment number 3 Page 4 of 6 FY08-09- Consolidated Action Plan Item # 4 Attachment number 3 Page 5 of 6 FY08-09- Consolidated Action Plan A total of thirty-one (31) applications were received by the City from twenty (20) different organizations. Listed below are those organizations that have applied for funding: . Clearwater Homeless Intervention Program . Clearwater Neighborhood Housing Services . Community Service Foundation . Consumer Credit Counsel Service of Central Florida . Directions for Mental Health . Family Service Center of Pin ell as County, Inc. . Gulf Coast Jewish Family Services . Gulf Coast Legal Services . Homeless Emergency Project . Homes for Independence, Inc. . Largo Area Housing Development Corporation . Pinellas Habitat for Humanity . Pinellas Opportunity Council . Powerful Young Adults, Inc. . Religious Community Services . Tampa Bay Community Development Corporation . Volunteers of America . WestCare - Turning Point . Willa Carson Health Resource Center . Young Women's Christian Association (YWCA) Proposed A2encies/Pro2rams to be Funded . City ofCleanvater - Rehabilitation Program - Funds are provided to very low to moderate income households to repair homes that are in substandard condition, including lead based paint abatement. . City of Cleanvater - Emergency Repair Program - Funds are provided to households in need of immediate repairs to their homes due to life safety and/or health reasons. . City of Cleanvater - Housing Education - Funds will be allocated in a pool to provide housing education, credit counseling and foreclosure prevention. . City of Cleanvater - Housing Pool- Funds are made available to housing non- profits participating in the Housing Pool for lot acquisition, down payment and closing costs assistance and new construction. o Tampa Bay Community Development Corporation o Largo Area Housing Development Corporation o Cleanvater Neighborhood Housing Services o Community Service Foundation 5 Item # 4 Attachment number 3 Page 6 of 6 FY08-09- Consolidated Action Plan a Consumer Lredit Counseling Service of Central Florida & The Florida Gulf Coast, Inc. a Homesfor Independence a Habitatfor Humanity of Pine lias County, Inc. . Cleanvater Homeless Intervention Project, Inc. (CHIP) - Salary and operation support to run homeless emergency shelter, day center and transitional housing programs. Program also provides intensive case management while assisting individual transition into independent living. . Community Service Foundation - Fair Housing - Operational support to administer fair housing program. . Directions for Mental Health, Inc. - Funds will be provided for improvements (parking lot and ramp for disabled) to their current facility. . Family Service Center -_Funds will be provided for salary support for agency to implement an empowerment and self-sufficiency program. . Religious Community Services, Inc. - Funds will be provided for improvements to their Food Pantry. and to their Grace House and Havens facilities. . Public Facilities/Infrastructure Improvements - Funds will be provided for eligible public facility project._Project to be determined. . Gulf Coast Legal Services - Salary and support to provide legal services to very- low to moderate income households to prevent foreclosure as a result of deceptive practices by a business or a lender and provide fair housing counseling. . Gulf Coast Jewish Family Services - Funds will be provided for operational support of their disabled and frail elderly program. . Homeless Emergency Project - Funds will be provided for operational support to implement their homeless programs and to build an office complex to serve the homeless and house other support services. . Pinellas Opportunity Council - Chore Services Program - Salary and support to administer a chore services program for elderly and physically challenged homeowners. . Westcare - Turning Point Program - Salary and operational support to administer program. Provides emergency housing for the homeless to sober up from alcohol and/or drug abuse. . Willa Carson Health Resource Center - Funds will be provided for salary and operational support of the Health Resource Center located in the North Greenwood Neighborhood. . Young Women's Christian Association (YWCA) - Funds will be provided for salary support to operate the Hispanic Outreach Center. 6 Item # 4 Meeting Date:7 /17 /2008 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Approve the Annexation, Initial Land Use Plan Designation of Residential Urban (RU) and Initial Zoning Atlas Designation of Low Medium Density Residential (LMDR) District for 3147 Downing Street (Lot 1, Downing Subdivision First Addition, Section 16, Township 29 South, Range 16 East); and Pass Ordinances 7958-08, 7959-08 and 7960-08 on first reading. (ANX2008-03008) SUMMARY: This voluntary annexation petition involves a 0.20-acre property consisting of one parcel of land occupied by a single-family dwelling. It is located on the south side of Downing Street approximately 725 feet east of McMullen Booth Road. The applicant is requesting this annexation in order to receive sanitary sewer and solid waste service from the City. The property is an enclave and is contiguous to existing City boundaries to the north, south, east and west. This petition will eliminate this enclave. It is proposed that the property be assigned a Future Land Use Plan designation of Residential Urban (RU) and a zoning category of Low Medium Density Residential (LMDR). The Planning Department determined that the proposed annexation is consistent with the provisions of Community Development Code Section 4-604.E: . The closest sanitary sewer line is located in the Downing Street right-of-way and the applicant is aware of the requirement to pay the City's sewer impact and assessment fee and is aware of the additional costs to extend City sewer service to the property. Collection of solid waste will be provided by the City of Clearwater. The property is located within Police District III and service will be administered through Police Headquarters located at 2851 North McMullen Booth Road. Fire and emergency medical services will be provided to this property by Station 49 located at 565 Sky Harbor Drive. The City has adequate capacity to serve this property with sanitary sewer, solid waste, police, fire and EMS service. The proposed annexation will not have an adverse effect on public facilities and their levels of service; . The proposed annexation is consistent with and promotes the following objective of the Clearwater Comprehensive Plan: Objective 2.4: Compact urban development within the urban service area shall be promoted through application of the Clearwater Community Development Code; . The proposed RU Future Land Use Plan category is consistent with the current Countywide Plan designation of this property. This designation primarily permits residential uses at a density of 7.5 units per acre. The proposed zoning district to be assigned to the property is the LMDR District. The use of the subject property is consistent with the uses allowed in the District and the property exceeds the District's minimum dimensional requirements. The proposed annexation is therefore consistent with the Countywide Plan, City's Comprehensive Plan and Community Development ~fv1OO1P Item # 5 . The property proposed for annexation is contiguous to existing City boundaries to the north, south, east and west; therefore the annexation is consistent with Florida Statutes Chapter 171.044. Review Approval: 1) Clerk Cover Memo Item # 5 Attachment number 1 Page 1 of 7 ...... r:.J .-. ~c " " " '-'1 ;:: c '-'1 ~ ~ ~~~J1]CKY I. ......-,. J..' ....... I!'~~. . ....... ......::,::1 . 'r~'" r::":'.::.. f":-::':::.:j L~jjE~SSEE ~~~.. [DB '.. E:~ :-.....-TIdVVN[~.~J L........:. . . 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Location Map Owner Laureno & Maria Tavaras Case: ANX2008-03008 Site: 3147 Downing Street Property 0.20 Size (Acres): Land Use Zoning PIN: 16-29-16-22428-000-0010 From: RU (County) R-3 (County) To: RU (City) LMDR (City) Atlas Page: 292A S:\Planning Department\C D B\Annexations\ANX - 2008\ANX2008-03008 - 3147 Downing Street - Tavaras\Maps\Location Mltam # 5 Attachment number 1 Page 2 of 7 Aerial Photograph Owner Laureno & Maria Tavaras Site: 3147 Downing Street Land Use Zoning From: RU (County) R-3 (County) To: RU (City) LMDR (City) Case: ANX2008-03008 Property 0.20 Size (Acres): PIN: 16-29-16-22428-000-0010 Atlas Page: 292A S:\Planning Department\C D B\Annexations\ANX - 2008\ANX2008-03008 - 3147 Downing Street - Tavaras\Maps\Aerial Photograph.doc Item # 5 .. ... .... ...::::t.::::-:.:::.::":.:..:.<f:::::"::::::::=::".:-.:. :ij'!~ i: :".:"-:: ;~:.'..'.:. :::::.:.:".. :.:, :.~.:: :::".: ..~:]; :if ~ ~ >-::.::::.:~;: ~:i:::;-:-::.f:. t") t") .::":.:::.:-.!?:: ....:.~. ..:~ ... .... 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"'--00 ---,00 Ol ~ ffu fg M 1M M L - -.J ?IV 12 11 10 ?~ 20 Q a:: ~ Q Q III ~ ~:.:.... ...... .. ... ....... ... ....... ... ...... . .. -. .. . . . .... . . ... . . . ... - ... ..... . .... ..... - .... ..... .... . . ... . . ... .. ... . ... ... .. ... ... .. . .. ... . . f' :;:'i~)':'::}:,:'m::::~:"":,:':::::::m&\"'! 213 219 225 211 217 223 231 237 243 249 227 235 241 247 229 245 233 239 r-- - ---, 91660 l-- - ---1 367 205 207 209 215 221 355,357, 389 391 387 393 IOJ I ~:~~~t /y;~; V, r. ~ 7"'(8)/ '" v-.: / ~/r-- ooSo@nd comm~uity 'q, ~Ol -~ ~ent~(C) ~ '" 373 383 339 343 347 353 351 349 i Family Residentiaf 361,363, 371 381 337 341 345 375 377 385 1l.utom4 bile ~~e~ St~ \.... ~ '" '" o licE:) ~ '" Existing Surrounding Uses Map Owner Laureno & Maria Tavaras Site: 3147 Downing Street Case: Property Size (Acres): ANX2008-03008 0.20 Land Use Zoning PIN: 16-29-16-22428-000-0010 From RU (County) R-3 (County) To: RU (City) LMDR (City) Atlas Page: 292A S:\Planning Department\C D B\Annexations\ANX - 2008\ANX2008-03008 - 3147 Downing Street - Tavaras\Maps\Existin~ Surrounding Uses Map.doc Item # 5 View looking south at the subject property, 3147 Downing Street View looking west along Downing Street from the subject property View looking southwest at the property to the west of the subject property Attachment number 1 Page 7 of 7 View looking north at the properties to the north of the subject property View looking east along Downing Street from the subject property View looking southeast at the property to the east of the subject property ANX2008-03008 Tavaras, Laureno & Maria 3147 Downing Street Item # 5 Attachment number 2 Page 1 of 1 ORDINANCE NO. 7958-08 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTY LOCATED ON THE SOUTH SIDE OF DOWNING STREET APPROXIMATELY 725 FEET EAST OF MCMULLEN BOOTH ROAD CONSISTING OF LOT 1, DOWNING SUBDIVISION, FIRST ADDITION, WHOSE POST OFFICE ADDRESS IS 3147 DOWNING STREET, INTO THE CORPORATE LIMITS OF THE CITY, AND REDEFINING THE BOUNDARY LINES OF THE CITY TO INCLUDE SAID ADDITION; PROVIDING AN EFFECTIVE DATE. WH EREAS, the owner of the real property described herein and depicted on the map attached hereto as Exhibit A has petitioned the City of Clearwater to annex the property into the City pursuant to Section 171.044, Florida Statutes, and the City has complied with all applicable requirements of Florida law in connection with this ordinance; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORI DA: Section 1. The following-described property is hereby annexed into the City of Clearwater and the boundary lines of the City are redefined accordingly: Lot 1, Downing Subdivision, First Addition, according to the map or plat thereof as recorded in Plat Book 62, Page 37, Public Records of Pinellas County, Florida (ANX2008-03008) Section 2. The provisions of this ordinance are found and determined to be consistent with the City of Clearwater Comprehensive Plan. The City Council hereby accepts the dedication of all easements, parks, rights-of-way and other dedications to the public, which have heretofore been made by plat, deed or user within the annexed property. The City Engineer, the City Clerk and the Planning Director are directed to include and show the property described herein upon the official maps and records of the City. Section 3. This ordinance shall take effect immediately upon adoption. The City Clerk shall file certified copies of this ordinance, including the map attached hereto, with the Clerk of the Circuit Court and with the County Administrator of Pinellas County, Florida, within 7 days after adoption, and shall file a certified copy with the Florida Department of State within 30 days after adoption. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Frank V. Hibbard Mayor Approved as to form: Attest: Leslie K. Dougall-Sides Assistant City Attorney Cynthia E. Goudeau City Clerk Item # 5 Ordinance No. 7958-08 Attachment number 3 Page 1 of 1 ORDINANCE NO. 7959-08 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE FUTURE LAND USE PLAN ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY, TO DESIGNATE THE LAND USE FOR CERTAIN REAL PROPERTY LOCATED ON THE SOUTH SIDE OF DOWNING STREET APPROXIMATELY 725 FEET EAST OF MCMULLEN BOOTH ROAD CONSISTING OF LOT 1, DOWNING SUBDIVISION, FIRST ADDITION, WHOSE POST OFFICE ADDRESS IS 3147 DOWNING STREET, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS RESIDENTIAL URBAN (RU); PROVIDING AN EFFECTIVE DATE. WHEREAS, the amendment to the future land use plan element of the comprehensive plan of the City as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's comprehensive plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The future land use plan element of the comprehensive plan of the City of Clearwater is amended by designating the land use category for the hereinafter described property, upon annexation into the City of Clearwater, as follows: Property Land Use Cateqory Lot 1, Downing Subdivision, First Addition, according Residential Urban (RU) to the map or plat thereof as recorded in Plat Book 62, Page 37, Public Records of Pinellas County, Florida (ANX2008-03008) Section 2. The City Council does hereby certify that this ordinance is consistent with the City's comprehensive plan. Section 3. This ordinance shall take effect immediately upon adoption, contingent upon and subject to the adoption of Ordinance No. 7958-08. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Frank V. Hibbard Mayor Approved as to form: Attest: Leslie K. Dougall-Sides Assistant City Attorney Cynthia E. Goudeau City Clerk Item # 5 Ordinance No. 7959-08 Attachment number 4 Page 1 of 1 ORDINANCE NO. 7960-08 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY ZONING CERTAIN REAL PROPERTY LOCATED ON THE SOUTH SIDE OF DOWNING STREET APPROXIMATELY 725 FEET EAST OF MCMULLEN BOOTH ROAD CONSISTING OF LOT 1, DOWNING SUBDIVISION, FIRST ADDITION, WHOSE POST OFFICE ADDRESS IS 3147 DOWNING STREET, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS LOW MEDIUM DENSITY RESIDENTIAL (LMDR); PROVIDING AN EFFECTIVE DATE. WHEREAS, the assignment of a zoning district classification as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's comprehensive plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following described property located in Pinellas County, Florida, is hereby zoned as indicated upon annexation into the City of Clearwater, and the zoning atlas of the City is amended, as follows: Property Zoninq District Lot 1, Downing Subdivision, First Addition, Low Medium Density Residential according to the map or plat thereof as recorded (LMDR) in Plat Book 62, Page 37, Public Records of Pinellas County, Florida (ANX2008-03008) Section 2. The City Engineer is directed to revise the zoning atlas of the City in accordance with the foregoing amendment. Section 3. This ordinance shall take effect immediately upon adoption, contingent upon and subject to the adoption of Ordinance No. 7958-08. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Frank V. Hibbard Mayor Approved as to form: Attest: Leslie K. Dougall-Sides Assistant City Attorney Cynthia E. Goudeau City Clerk Item # 5 Ordinance No. 7960-08 Meeting Date:7 /17 /2008 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Approve the Annexation, Initial Land Use Plan Designation of Residential Low (RL) and Initial Zoning Atlas Designation of Low Medium Density Residential (LMDR) District for 1460 Dexter Drive (Lot 5, Block "B" Douglas Manor Lake Subdivision, Section 23, Township 29 South, Range 15 East); and Pass Ordinances 7961-08, 7962-08 and 7963-08 on first reading. ANX2008-03009) SUMMARY: This voluntary annexation petition involves a 0.23-acre property consisting of one parcel of land occupied by a single-family dwelling. It is located on the west side of Dexter Drive approximately 200 feet north of Nursery Road. The applicant is requesting this annexation in order to receive sanitary sewer and solid waste service from the City. The Planning Department is requesting that the 0.37-acres of abutting Dexter Drive right-of-way not currently within the City limits also be annexed. The property is contiguous to existing City boundaries to the north, south and west. It is proposed that the property be assigned a Future Land Use Plan designation of Residential Low (RL) and a zoning category of Low Medium Density Residential (LMDR). The Planning Department determined that the proposed annexation is consistent with the provisions of Community Development Code Section 4-604.E: . The closest sanitary sewer line is located in the Dexter Drive right-of-way and the applicant has paid the City's sewer impact and assessment fee. Collection of solid waste will be provided by the City of Clearwater. The property is located within Police District III and service will be administered through Police Headquarters located at 2851 North McMullen Booth Road. Fire and emergency medical services will be provided to this property by Station 47 located at 1460 Lakeview Road. The City has adequate capacity to serve this property with sanitary sewer, solid waste, police, fire and EMS service. The proposed annexation will not have an adverse effect on public facilities and their levels of service; . The proposed annexation is consistent with and promotes the following objective of the Clearwater Comprehensive Plan: Objective 2.4: Compact urban development within the urban service area shall be promoted through application of the Clearwater Community Development Code; . The proposed RL Future Land Use Plan category is consistent with the current Countywide Plan designation of this property. This designation primarily permits residential uses at a density of 5 units per acre. The proposed zoning district to be assigned to the property is the LMDR District. The use of the subject property is consistent with the uses allowed in the District and the property exceeds the District's minimum dimensional requirements. The proposed annexation is therefore consistent with the Countywide Plan, City's Comprehensive Plan and Community Development Code; and Cover Memo Item # 6 . The property proposed for annexation is contiguous to existing City boundaries to the north, south and west; therefore the annexation is consistent with Florida Statutes Chapter 171.044. Review Approval: 1) Clerk Cover Memo Item # 6 Attachment number 1 Page 1 of 7 , .' ::~:::,::,,::::;::,,::,::::,;,:: ~':;::::::.:'i:;:'::'.:::..~.;.::.'::::..:,:' ~':;::::::.:::::;:':\:'::'.:.;.:::.'::::..b~.::.:::.':t,:.:.:.,.'...:: :.:,:~~::.:, '::::::":::::::~::':~:,:'. ,,';';",::,::"::'.:.:.'.; ::. , ",' ;': ':; ::,:::.:::..,:~,'/,"";-:;.:::'" ;'i'):;"::"::~~'i "~i "'::} 'o:.~ . ':.:":".::....::..:'::..:.:..: \: ":::~' i,:,.:..:,. 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Existing Surrounding Uses Map Owner Marc Robert Blanton Case ANX2008-03009 Property Size Acres): 0.23 0.37 Site 1460 Dexter Drive Size R-Q-W (Acres): Land Use Zoning PIN 23-29-15-22266-002-0050 From RL (County) R-3 (County) To RL (City) LMDR (City) Atlas Page 315B S:\Planning Department\C D B\Annexations\ANX - 2008\ANX2008-03009 - 1460 Dexter Drive - Blanton\Maps\Existing Surrounding Uses Map.doc Item # 6 View looking west at the subject property, 1460 Dexter Drive View looking south along Dexter Drive from the subject property View looking southwest at the property to the south of the subject property Attachment number 1 Page 7 of 7 View looking east at the properties to the east of the subject property View looking north along Dexter Drive from the subject property View looking northeast at the property to the north of the subject property ANX2008-03009 Blanton, Marc Robert 1460 Dexter Drive Item # 6 Attachment number 2 Page 1 of 1 ORDINANCE NO. 7961-08 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTY LOCATED ON THE WEST SIDE OF DEXTER DRIVE APPROXIMATELY 200 FEET NORTH OF NURSERY ROAD, CONSISTING OF LOT 5, BLOCK B, DOUGLAS MANOR LAKE SUBDIVISION, WHOSE POST OFFICE ADDRESS IS 1460 DEXTER DRIVE, TOGETHER WITH THE RIGHT-OF-WAY ABUTTING LOTS 5, 6 AND 7 OF DOUGLAS MANOR LAKE SUBDIVISION, INTO THE CORPORATE LIMITS OF THE CITY, AND REDEFINING THE BOUNDARY LINES OF THE CITY TO INCLUDE SAID ADDITION; PROVI 01 NG AN EFFECTIVE DATE. WH EREAS, the owner of the real property described herein and depicted on the map attached hereto as Exhibit A has petitioned the City of Clearwater to annex the property into the City pursuant to Section 171.044, Florida Statutes, and the City has complied with all applicable requirements of Florida law in connection with this ordinance; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following-described property is hereby annexed into the City of Clearwater and the boundary lines of the City are redefined accordingly: Lot 5, Block B, Douglas Manor Lake Subdivision, according to the map or plat thereof as recorded in Plat Book 37, Page 99, Public Records of Pinellas County, Florida, together with the right-of-way abutting Lots 5, 6 and 7 of Douglas Manor Lake Subdivision. (ANX2008-03009) Section 2. The provisions of this ordinance are found and determined to be consistent with the City of Clearwater Comprehensive Plan. The City Council hereby accepts the dedication of all easements, parks, rights-of-way and other dedications to the public, which have heretofore been made by plat, deed or user within the annexed property. The City Engineer, the City Clerk and the Planning Director are directed to include and show the property described herein upon the official maps and records of the City. Section 3. This ordinance shall take effect immediately upon adoption. The City Clerk shall file certified copies of this ordinance, including the map attached hereto, with the Clerk of the Circuit Court and with the County Administrator of Pinellas County, Florida, within 7 days after adoption, and shall file a certified copy with the Florida Department of State within 30 days after adoption. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Frank V. Hibbard Mayor Approved as to form: Attest: Leslie K. Dougall-Sides Assistant City Attorney Cynthia E. Goudeau City Clerk Item # 6 Ordinance No. 7961-08 Attachment number 3 Page 1 of 1 ORDINANCE NO. 7962-08 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE FUTURE LAND USE PLAN ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY, TO DESIGNATE THE LAND USE FOR CERTAIN REAL PROPERTY LOCATED ON THE WEST SIDE OF DEXTER DRIVE APPROXIMATELY 200 FEET NORTH OF NURSERY ROAD, CONSISTING OF LOT 5, BLOCK B, DOUGLAS MANOR LAKE SUBDIVISION, WHOSE POST OFFICE ADDRESS IS 1460 DEXTER DRIVE, TOGETHER WITH THE RIGHT-OF-WAY ABUTTING LOTS 5, 6 AND 7 OF DOUGLAS MANOR LAKE SUBDIVISION, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS RESIDENTIAL LOW (RL); PROVIDING AN EFFECTIVE DATE. WHEREAS, the amendment to the future land use plan element of the comprehensive plan of the City as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's comprehensive plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The future land use plan element of the comprehensive plan of the City of Clearwater is amended by designating the land use category for the hereinafter described property, upon annexation into the City of Clearwater, as follows: Property Lot 5, Block B, Douglas Manor Lake Subdivision, according to the map or plat thereof as recorded in Plat Book 37, Page 99, Public Records of Pinellas County, Florida, together with the right-of-way abutting Lots 5, 6 and 7 of Douglas Manor Lake Subdivision. (ANX2008-03009) Land Use CateQorv Residential Low (RL) Section 2. The City Council does hereby certify that this ordinance is consistent with the City's comprehensive plan. Section 3. This ordinance shall take effect immediately upon adoption, contingent upon and subject to the adoption of Ordinance No. 7961-08. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Frank V. Hibbard Mayor Approved as to form: Attest: Leslie K. Dougall-Sides Assistant City Attorney Cynthia E. Goudeau City Clerk Item # 6 Ordinance No. 7962-08 Attachment number 4 Page 1 of 1 ORDINANCE NO. 7963-08 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY ZONING CERTAIN REAL PROPERTY LOCATED ON THE WEST SIDE OF DEXTER DRIVE APPROXIMATELY 200 FEET NORTH OF NURSERY ROAD, CONSISTING OF LOT 5, BLOCK B, DOUGLAS MANOR LAKE SUBDIVISION, WHOSE POST OFFICE ADDRESS IS 1460 DEXTER DRIVE, TOGETHER WITH THE RIGHT-OF-WAY ABUTTING LOTS 5, 6 AND 7 OF DOUGLAS MANOR LAKE SUBDIVISION, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS LOW MEDIUM DENSITY RESIDENTIAL (LMDR); PROVIDING AN EFFECTIVE DATE. WHEREAS, the assignment of a zoning district classification as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's comprehensive plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following described property located in Pinellas County, Florida, is hereby zoned as indicated upon annexation into the City of Clearwater, and the zoning atlas of the City is amended, as follows: Property Lot 5, Block B, Douglas Manor Lake Subdivision, according to the map or plat thereof as recorded in Plat Book 37, Page 99, Public Records of Pinellas County, Florida, together with the right-of-way abutting Lots 5, 6 and 7 of Douglas Manor Lake Subdivision. (ANX2008-03009) Zoninq District Low Medium Density Residential (LMDR) Section 2. The City Engineer is directed to revise the zoning atlas of the City in accordance with the foregoing amendment. Section 3. This ordinance shall take effect immediately upon adoption, contingent upon and subject to the adoption of Ordinance No. 7961-08. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Frank V. Hibbard Mayor Approved as to form: Attest: Leslie K. Dougall-Sides Assistant City Attorney Cynthia E. Goudeau City Clerk Item # 6 Ordinance No. 7963-08 Meeting Date:7 /17 /2008 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Approve the Annexation, Initial Land Use Plan Designation of Residential Low (RL) and Initial Zoning Atlas Designation of Low Medium Density Residential (LMDR) District for 1762 West Manor Avenue (Lot 19, Clearwater Manor); and Pass Ordinances 796S-0S, 7969-0S and 7970-0S on first reading. (ANX200S-05011) SUMMARY: This voluntary annexation petition involves a O.IS-acre property consisting of one parcel of land occupied by a single-family dwelling. It is located on the west side of West Manor Avenue and east of Belcher Road, approximately SO feet south of Manor Boulevard North. The applicant is requesting this annexation in order to receive sanitary sewer and solid waste service from the City. The property is an enclave and is contiguous to existing City boundaries to the north, south, east and west. This petition will eliminate this enclave. It is proposed that the property be assigned a Future Land Use Plan designation of Residential Low (RL) and a zoning category of Low Medium Density Residential (LMDR). The Planning Department determined that the proposed annexation is consistent with the provisions of Community Development Code Section 4-604.E: . The closest sanitary sewer line is located in the West Manor Avenue right-of-way and the applicant has paid the City's required sewer impact and assessment fee. Collection of solid waste will be provided by the City of Clearwater. The property is located within Police District III and service will be administered through Police Headquarters located at 2S51 North McMullen Booth Road. Fire and emergency medical services will be provided to this property by Station 4Slocated at 1700 N. Belcher Road. The City has adequate capacity to serve this property with sanitary sewer, solid waste, police, fire and EMS service. The property is served by County water. The proposed annexation will not have an adverse effect on public facilities and their levels of service; . The proposed annexation is consistent with and promotes the following objective of the Clearwater Comprehensive Plan: Objective 2.4: Compact urban development within the urban service area shall be promoted through application of the Clearwater Community Development Code; . The proposed RL Future Land Use Plan category is consistent with the current Countywide Plan designation of this property. This designation primarily permits residential uses at a density of five dwelling units per acre. The proposed zoning district to be assigned to the property is the LMDR District. The use of the subject property is consistent with the uses allowed in the District and the property exceeds the District's minimum dimensional requirements. The proposed annexation is therefore consistent with the Countywide Plan, City's Comprehensive Plan and Community Development Code; and . The property proposed for annexation is contiguous to existing City boundaries to the north, south, east and west; therefore the annexation is consistent with Florida Statutes Chapter 171.044. Review Approval: 1) Clerk Cover Memo Item # 7 Attachment number 1 Page 1 of 1 ORDINANCE NO. 7968-08 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTY LOCATED BETWEEN WEST MANOR AVENUE AND BELCHER ROAD APPROXIMATELY 80 FEET SOUTH OF MANOR BOULEVARD NORTH, CONSISTING OF LOT 19, CLEARWATER MANOR, WHOSE POST OFFICE ADDRESS IS 1762 WEST MANOR AVENUE, INTO THE CORPORATE LIMITS OF THE CITY, AND REDEFINING THE BOUNDARY LINES OF THE CITY TO INCLUDE SAID ADDITION; PROVIDING AN EFFECTIVE DATE. WH EREAS, the owner of the real property described herein and depicted on the map attached hereto as Exhibit A has petitioned the City of Clearwater to annex the property into the City pursuant to Section 171.044, Florida Statutes, and the City has complied with all applicable requirements of Florida law in connection with this ordinance; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following-described property is hereby annexed into the City of Clearwater and the boundary lines of the City are redefined accordingly: Lot 19, Clearwater Manor, according to the plat thereof, as recorded in Plat Book 41, Page 66, Public Records of Pinellas County, Florida (ANX2008-05011) Section 2. The provisions of this ordinance are found and determined to be consistent with the City of Clearwater Comprehensive Plan. The City Council hereby accepts the dedication of all easements, parks, rights-of-way and other dedications to the public, which have heretofore been made by plat, deed or user within the annexed property. The City Engineer, the City Clerk and the Planning Director are directed to include and show the property described herein upon the official maps and records of the City. Section 3. This ordinance shall take effect immediately upon adoption. The City Clerk shall file certified copies of this ordinance, including the map attached hereto, with the Clerk of the Circuit Court and with the County Administrator of Pinellas County, Florida, within 7 days after adoption, and shall file a certified copy with the Florida Department of State within 30 days after adoption. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Frank V. Hibbard Mayor Approved as to form: Attest: Leslie K. Dougall-Sides Assistant City Attorney Cynthia E. Goudeau City Clerk Item # 7 Ordinance No. 7968-08 Attachment number 2 Page 1 of 1 ORDINANCE NO. 7969-08 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE FUTURE LAND USE PLAN ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY, TO DESIGNATE THE LAND USE FOR CERTAIN REAL PROPERTY LOCATED BETWEEN WEST MANOR AVENUE AND BELCHER ROAD APPROXIMATELY 80 FEET SOUTH OF MANOR BOULEVARD NORTH, CONSISTING OF LOT 19, CLEARWATER MANOR, WHOSE POST OFFICE ADDRESS IS 1762 WEST MANOR AVENUE, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS RESIDENTIAL LOW (RL); PROVIDING AN EFFECTIVE DATE. WHEREAS, the amendment to the future land use plan element of the comprehensive plan of the City as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's comprehensive plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The future land use plan element of the comprehensive plan of the City of Clearwater is amended by designating the land use category for the hereinafter described property, upon annexation into the City of Clearwater, as follows: Property Lot 19, Clearwater Manor according to the plat thereof, as recorded in Plat Book 41, Page 66, Public Records of Pinellas County, Florida (ANX2008-05011 ) Land Use Cateqory Residential Low (RL) Section 2. The City Council does hereby certify that this ordinance is consistent with the City's comprehensive plan. Section 3. This ordinance shall take effect immediately upon adoption, contingent upon and subject to the adoption of Ordinance No. 7968-08. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Frank V. Hibbard Mayor Approved as to form: Attest: Leslie K. Dougall-Sides Assistant City Attorney Cynthia E. Goudeau City Clerk Item # 7 Ordinance No. 7969-08 Attachment number 3 Page 1 of 2 ORDINANCE NO. 7970-08 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY ZONING CERTAIN REAL PROPERTY LOCATED BETWEEN WEST MANOR AVENUE AND BELCHER ROAD APPROXIMATELY 80 FEET SOUTH OF MANOR BOULEVARD NORTH, CONSISTING OF LOT 19, CLEARWATER MANOR, WHOSE POST OFFICE ADDRESS IS 1762 WEST MANOR AVENUE, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS LOW MEDIUM DENSITY RESIDENTIAL (LMDR); PROVIDING AN EFFECTIVE DATE. WHEREAS, the assignment of a zoning district classification as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's comprehensive plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following described property located in Pinellas County, Florida, is hereby zoned as indicated upon annexation into the City of Clearwater, and the zoning atlas of the City is amended, as follows: Property Lot 19, Clearwater Manor according to the plat thereof, as recorded in Plat Book 41, Page 66, Public Records of Pinellas County, Florida (ANX2008-05011 ) Zoninq District Low Medium Density Residential (LMDR) Section 2. The City Engineer is directed to revise the zoning atlas of the City in accordance with the foregoing amendment. Section 3. This ordinance shall take effect immediately upon adoption, contingent upon and subject to the adoption of Ordinance No. 7968-08. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Frank V. Hibbard Mayor Approved as to form: Attest: Leslie K. Dougall-Sides Assistant City Attorney Cynthia E. 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Coe Case: ANX2008-050 11 Site: 1762 West Manor Avenue Property 0.18 Size (Acres): Land Use Zoning PIN: 06-29-16-16506-000-0190 From: RL (County) R-3 (County) To: RL (City) LMDR (City) Atlas Page: 263A S:\Planning Department\C D B\Annexations\ANX - 2008\ANX2008-05011 - 1762 West Manor Avenue - Coe\Maps\Aerial Photograph.doc Item # 7 : ~: ~..: ~:. ~..:. ...~1:.::::....: : :. :..:::.~.-:. o : :: :..:::.~.-:. .. '" ~ '" CALUMET ST r---i l.-06~ ---1 1750 . ... . . ... ..... .. ... . .. .... .. " " " ... .. ....~ .... . ... . ... ..... .. . - .. . . . . .. . .. ..... .. ... .... .. . ... . .. ... ... . .... . -. . .. ...... . . . ... . .... . . . -.. . .. ... . . . .. ... ... . . .... -. . . . . ..... ... .. .. . .. ... ... ..... ... .... 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Coe Site: 1762 West Manor Avenue From: To: Land Use RL (County) RL (City) Zoning R-3 (County) LMDR (City) Case: Property Size (Acres): ANX2008-050 11 0.18 PIN: 06-29-16-16506-000-0190 Atlas Page: 263A S:\Planning Department\C D B\Annexations\ANX - 2008\ANX2008-05011 - 1762 West Manor Avenue - Coe\Maps\Proposed Annexation Map.doc Item # 7 : . ~. : ~... ~:. ~.. ..: .. ... . .. .~:.h..':':::':'..'..~. :, : I' "':'f:~:::' . ",,*.. ... . :. .. : .:.: :..:::.~.-:.: .. ..... .:.;.:..;.;. ... . . . . . .... . . . .. 1 1 ..1 .... II 1 1 1 1 . ~. ~... .. o .. . . . ... .. ....~ .... . ... . . . .:.:.:::';;::."':';'W;'i;'i\:.:.:.:: .:. ..:-..::. ..:.:..::.:.:......::. 1802 g Q 0:: 0:: ILl :t: U Q .,J 0:: ILl 0:: !Xl ILl :2: :t: U .,J ILl !Xl :2: Attachment number 4 Page 4 of 7 55 R/OG ~ ~ 57 50 17 a .~1 ::/:.1 15 ~ :~.:/:.:] ~~ ~~ 17~6 1759 45 1755 44 1751 43 1749 42 1745 41 174140 1735 39 1733 38 1729 37 1725 36 1721 35 1717 34 33 1711 S LAGOON CIR I "' '" '" '" ~R(j ~ ~ ~ ' ~.~., \ f.'.~, 8~7~6~'1"t~ '. .. .. '. . ., . g L~, 1::17705 50 .. 20 :::: ::.,..:.. :,;!1 )1'51.:::. 1750 22 1748 23 .... ... ~ 0::( 0:: o :2: 0::( :iE :s: .. .:.::,:'.:',:'il'.:::','.,.:.:.:: ::r+i:'~ 1740 - - Rl 1732 - - R! 29 - - -17.;l4 30 - - 4+16 31 32 8 '" '" 50 '"' '" '" 60 59 58 '. .. a '" '" ... .. .. . ... . .. ... ... . . ....... ':: :',:,::.".':.':.';'\"::'::::-:'.': (\1.'::: :-....-:-.....-:-.:-::.---"<'"::-. :-::.::..:.:.:.::::.:.:.-::;:.:~-:.::. g 50 I 14 11 10 9 ~ ~ o g: CALUMET ST 1-' L-06~ ---1 1 1756 13 12 1750 1744 2 IL rev 13 I 1716 a" "'''' ~~ '" '" g: 1700 MANOR BL VD N ~ '" 47'" 1771 '"' g: '" " 50 g: - '" "' g: 1770 50 '" 0) g: 48 78 79 81 80 82 1762 I 1767 '-/ 1764 M 77 .l:./~}i.::'::.::::1. 94 . n~ :"-::::.:;i ....... ~, . .... 51 1764 i~f:i".;:" :.:t;197~r::,:.:;:::~6~ :.;.:.:.\':::i.A4' ~R(j .. ~';.. ~~;;;;-~: :~%:I ;,~~;,~ ~~: .'._ 00 oo,>::".i~i\;I.jijjjj;.:;.~'.~ . .. ..... 55 1740 ~ 1741 70 1-:fJ;Z1:ffi.:.:::..:..'r:.:..:::".::;:~~~~,i~lt:--r 56 RfJ <!l 1735 r:Jf!J:7/7:::::C:' ,::,:'.::.}li~:;~;:::';'ji{:'.::.i : ::: ~ ':~ :,~;:~:!!:!;::j::I;'II:!!::! 1724 1725 .. . :c:( .. .. . : "m ,m::: :::j1j!rl:!!:~..~[,~;~f.::..! 61 R1 171764 100 1716 ~:t..::.:.::::i,:"<,,,~,:,:,::X.:.\':":::'::i::::.:.:.:.::.::.:::":' :..-,:: .....:: :;.' .":-:":.:. ': 17.1"1 :;. :.: 1711 1710 :;::.:...::...::..:.::.....;.:..::..:..-.::.....:.:......:;1:~..;..;. 62 ~ 63 107 ':: ':'.>':' :: :':':'.:-:.:'::: ':'::::':'. ',:: ;'.::)5':" ~ .. ~.:. ~:::::<::: :...~....::.:. .:. :.:.: ::.:..~.. ~ ::.: .. .:..::....:~ .:. ~ ~ ... ........... .. ... ~.:ii;:j~ I r:::...,.: : .:f'!ii~. 49 1758 50 I I RL I I I Future Land Use Map Owner Jay L. & Deborah L. Coe Site: 1762 West Manor Avenue From Land Use RL (County) To: RL (City) Zoning R-3 (County) LMDR (City) Case: Property Size (Acres) ANX2008-050 11 0.18 PIN: 06-29-16-16506-000-0190 Atlas Page: 263A S:\Planning Department\C D B\Annexations\ANX - 2008\ANX2008-05011 - 1762 West Manor Avenue - Coe\Maps\Future Land Use Map.doc Item # 7 : - ~. : ~... ~:. ~.. ..: .. ... . .. .. .~:-h..':':::':'._'..~. : :. :..:::.~.-:. ., .. ... . :- .. : _:.: :..:::.~.-:.: I o '. .. .. '. .. a '" IRT .. ..... .:.;.:..;.;. ... . . - . . .... . . . .. 1 1 ..1 .... 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'%- ......... ::'.::::-:' .:.:'.:;'::; ':':::;:;:, 73 74 97 7 ~:':'::"": :: :..':. :..":.:....': 1751 /6"<, ::'''.:.':' .:.::~H 98 7/ -1Q> . :.-.:.i))i"::.:::.::i..:'::}t'o.. 1759 1758 45 50 1755 1754 44 51 1751 1750 LM )71 1745 41 1749 1748 42 53 174140 1735 39 1733 38 1729 37 1725 36 1721 35 1717 34 33 1711 :.::';;':':'::':7f:: }~:::.: ....:.::..;:,::,;., ':<(", 1740 ~ 55 .... 0::( ..,J 1736 (!l 0::( 0:: 56 1732 57 1728 58 1724 59 1720 60 1716 61 62 ~ '" '" 50 S LAGOON CIR I I I Zoning Map 72 1749 '. I I I. I I I i,;; 7/~ .,.:::;::.i~.:i:.::,:::::.:::::': :::D~~t$::::. 'wO" ............ : :.'.::;'::: ~.~/::;:?r~:..:..~~)::...:(.:...:.~::::..:.:/:;1~t::;::';'::;'i:.: .. ..i'js' . . .... . . '1121. .... ::?1';'i'::":,;~:r,i@'~~::::' :.;;'/'( .:.i:.;.:;:"i\.:...::~}.:::.i.;.:.i.(f~\t~:..::::: 107 1710 .::.>:,,: .:.::'.:: :....:.::. :-::: '.: .::'::.:':.::.>:' . ,-":'.:: :.'.:':15::'. l::~::r!~;.::_:::':..t.~~:::::..::::!/:::::::,i::::,~::::~'.t. ~\;\>>:.: .:..:....:. ~~,:i:..:::..:\..:::: ...:.:.:....:..: ._-:::...:::.:::...:..._::~-:::...::::-:::...:... Zoning R-3 (County) LMDR (City) Case: Property Size (Acres) 1745 71 1741 70 1735 69 1733 68 172%7 172566 104 1724 1721 65 105 1720 1717 64 105 1716 1711 63 I ANX2008-050 11 0.18 PIN: 06-29-16-16506-000-0190 263A S:\Planning Department\C D B\Annexations\ANX - 2008\ANX2008-05011 - 1762 West Manor Avenue - Coe\Maps\Zoning Ml~eal # 7 Atlas Page: : . ~. : ~... ~;. ~.. ..: . .. .'. .. .. .. ..... .:.;.:..;.;...:...: . . . . . .... . . . .~:.h..':';::':'..'..~. .. 1 1 ..1 .... II 1 1 1 1 . ~. ~... .. : :. :..::;.~.-:. .. . . . ... .. ....~ .... . ... . . . 0.:.:.:::';;::."':';'W;'i;'i\:.:.:.:: .. n d ustr ~l.::::::::(\i:;::::::;}:::::i?:r:~/: ... . ;. .. : :: :..::;.~.-:.: '" ~ '" ... .. .. . ... . . .. ... ... .... ...""......."...."'.... :.::....:.......:.;:.......~.:.. .-...;-..-...:.-..>:-:...-.-.-,.... .-.. .:.::..::....:.:.:.::.:.:..:.:..:.:.;:..~::.::. CALUMET ST 1-' L-06~ ---1 1750 Industri :Ii 1744 2 1 1756 rev Fire Station 13 1716 1700 1802 g Q 0:: 0:: ILl :t: U Q ..,J 0:: ILl 0:: !Xl ILl :2: :t: U ..,J ILl !Xl :2: 55 ~i.tj ~ e<. ~ C> 17 ~ ~l;..:j 15 ~ ( Attachment number 4 Page 6 of 7 '" ... '" .., '" '" '" '" .... .., '" '" .., ~ '" 50 13 12 "'''' "'''' "'''' "'''' 60 59 58 n n . ~ ~. '" 57. 56 M ,~,~,~w,L C\I C\I C\I C\I C\I C\I C\I C\I C\I C\I C\I C\I 11 00 10" co 9 ~ ~~ g MANOR BL VD N ~ 50 '" 9897 ;;;< ..~uu~i;:::::::r:,:::::;:i.W~;. .~::~:i.:::.:::.:.::.:....;:.:.:.;.:::.;..::::: 99 7;>~ 0'::" ':. :." . ':'171~::. ~ ,(Ir::,#i:.:':.::::.:" :'.';::-::,,;:':::,i ... ~.:. ...... ..:..::....:..... :::..i;.:~:l;U!~:..::.:..~:.:.:.;:::.:::.r;ui:::/i:::~it:f?l;~::::..' 1735 f 10"... 3~. . .... . .....l:::. u. '.' .1121-.... 69 .J.i::'.:;.;.....i:.:-:.:. '':'::::.':,:.: ,::'-":';':".' :>:'.,17irt:.: ..'.:.':.:..'.... 10~:..:..;::~,::r\}::.:i ::g:::.,:..~.~~a.!.::D:;T~..::::.,:::. 17.U ::'::':;'.; .". :':~;. ;.::Ai~;...j.:~~~.::.;.;.;. 103 1728 '.::.>:.:'i:'.: :.0:: :,,-.:.,:...::'r,;.:':, :::,',:,:':-:':'. ..... '0, :.r{2f':.J ".. ::,.u::: :::: .;:;: ~::. '..:.:.;)~:: :::j1:\~i'::':'::':::', 172~ 59 1724 172g6 104 1724 ;:"~:',/. ;:i:..' ::~:.. :\':~;;:~",;':::,:::::::\"::..:. 1721 1720 1721 ::'::'::'. .....:.: :.l.li),::-.:::.:.:.::..:......:i1.Q.::.:..:. 35 60 65 105 1720 .:: ::.:; ':':. .'.:::.:.:":.\i:::::':.: ;:;:;'. :.':: '.:.:- .....,......'::~,.:.:......,......., ... ::.. ........ .....;.. ..:..' .1.. ...........; 1717 1716 1717 171 f ;.,::,::,::.' :i:.;: ;';.' '<':':":':, ..;.,:.?~:,':,~;~~:<':':" 34 61 64 1 05 ~:",:'.::.:,:: .:'i;>..:.:'.. . ~: =.'..'::.::.;....::.:,:" ;";'.';': :...:... .'.:: : . 711 :;.::.,.:...:....,-;:.;::;.=::::.:::;.., :/!1i&i:;";' ~ '" ''-:.)::::';:':':.:::::::-':i'::':,:::'::':'-:.>:::..<.:,:.:.::::.~.::. 50 ~1~AGOON ~/~O ./~:::;/:::.::.}.(::.,<::_':::"::"1~U..:;::}i::::.i::.;;:::~':;" ....: :..:.:.::.. :.;.::~r.::..::" .;...::..:.:.;.: -........:. :::~...:........ ...: I I I I I [:".:\:(.: ::.:. :.::::-.:.:::~":::...:\:(.: :'::'::':-:':" Case: Property Size (Acres) Zoning R-3 (County) LMDR (City) Atlas Page: iW8 177~ 50j 4~ 48 1770 50 Si i Y7Res hlent al 1759 1758 20 45 50 :::::,::.:;>:1:17,54.... 1755 44 1754 1771 '" :::l '" .., ~ '" - .... '" '" '" 51 1750 1751 43 175Q 78 79 81 80 82 22 52 1767 "J~::::i(i:':).' / 94 1764 ~ Tl .:.~~:.::'::.:'.::.:'.{' _ :'.<.;~~: ~i::i:;;;;tt~:::;:. 00 :>~:",;:;,;:~ ?d'"" ........ ......... .... . <: .::;.;., ... .. 74 73 1751 72 1749 1745 identi 174170 1733 68 172S Existing Surrounding Uses Map Owner Jay L. & Deborah L. Coe Land Use Site: 1762 West Manor Avenue From RL (County) To: RL (City) 1748 1749 42 53 ANX2008-050 11 0.18 PIN: 06-29-16-16506-000-0190 263A S:\Planning Department\C D B\Annexations\ANX - 2008\ANX2008-05011 - 1762 West Manor Avenue - Coe\Maps\Existin~ Surrounding Uses Map.doc Item # 7 174 23 - - -... W 1745 :::::':":":'2;1'.:::/:::.:.:.:: :s ~ .::'..'.' .<,,::'iIiiJ ij .1n ':'.,T:.:;SHM d~ 174{ 1740 :2: 0 - - - - 0::( 1735 ?R :E 39 _ _ _1734 :s: ::'::'~iLg~:~ ~ t{74t ::;;: 55 .... 0::( ..,J 1736 (!l 0::( 0:: 56 "' 1732 1733 38 57 1732 1728 1729 37 58 1728 29 - - -172.4 30 - - :t.71e- 31 32 Si '" '" g 50 I View looking northwest at property Attachment number 4 Page 7 of 7 View looking south on West Manor Avenue View looking north on West Manor A venue at Manor Boulevard View looking southwest at property ANX2008-05011 Jay & Deborah Coe 1762 West Manor Avenue Item # 7 Meeting Date:7 /17 /2008 City Council Agenda Council Chambers - City Hall SUBJECT 1 RECOMMENDATION: Approve a Development Agreement between Spinecare Properties, LLC (the property owner) and the City of Clearwater, Florida for property located at 3280/3290 McMullen Booth Road (consisting of two parcels of land including Lot 1 Geiger Tract and the east 308.25 feet of the North 1;.4 of the Northwest 1;.4 of Section 21, Township 28 South, Range 16 East less the south 208.75 feet and less the west 84 feet and less the east 100 feet thereof for road right-of-way and Adopt Resolution 08-06.(DV A2005-00001A) SUMMARY: . The subject site is comprised of two parcels of land totaling 4.51 acres in area. The site is located on the west side of McMullen Booth Road approximately 500 feet north of Mease Drive. Approximately 0.358 acres located at the northeastern comer of the property is located within unincorporated Pinellas County and is undeveloped. The remainder of the site is located in the City of Clearwater and is occupied by 14 attached dwellings within several buildings. . The applicant is proposing a development agreement, in conjunction with a proposed land use amendment. The land use amendment limits the use of the subject property within the Institutional (I) District to a medical clinic and in the Low Medium Density Residential (LMDR) District as a non-residential off-street parking facility. The development agreement request has been delayed due to litigation. The development agreement is summarized as follows: - Restricts the use and size of development on this site for 20 years. - Limits the gross floor area and height, number of parking spaces, and directs a variety of site issues including hours of operation, location of particular business activities and lighting, and providing for fencing, buffering, and tree preservation. . A site plan (FLD2005-01014) was approved by the Community Development Board on May 17,2005 with 16 conditions, pursuant to the Development Order dated May 27,2005. In August 2007, the Planning Director approved a time extension to September 6, 2008. An updated time extension request was placed on the Community Development Board agenda for July 15, 2008. . The City Council reviewed cases ANX2005-02003 and LUZ2005-02002 on first reading and at a public hearing on April 17,2008, to approve the annexation, land use plan Amendment from the Residential Suburban (RS) (City and County) category to the Residential Low (RL) and Institutional (I) category, and zoning atlas amendment from the A-E Agricultural Estate District (County) and Low Density Residential (LDR) District (City) to the Low Medium Density Residential (LMDR) and Institutional (I) Districts (City). Case LUZ2005-02002 was transmitted to the State of Florida Department of Community Affairs (DCA). DCA did not identify any comments or concerns with this case and referred it back to the city for adoption. This case is on the City Council agenda for adoption at its meeting on July 17, 2008. . The proposed development agreement is scheduled before the Community Development Board at its meeting on July 15, 2008. The Planning Department has determined that the proposed development agreement is consistent with the City's Comprehensive Plan. Please refer to the proposed development agreement with attachments (DV A2005-00001A) and the staff report for the complete staff analysis. Cover Memo Review Approval: 1) Clerk Attachment number 1 Page 1 of 13 DEVELOPMENT AGREEMENT THIS DEVELOPMENT AGREEMENT ("AGREEMENT") is dated , 2008, effective as provided in Section 5 of this Agreement, and entered into between SPINECARE PROPERTIES, LLC, a Florida limited liability company ("Owner"), and the CITY OF CLEARWATER, FLORIDA, a political subdivision of the State of Florida acting through its City Council ("Council"), the governing body thereof ("City"). R E C I TAL S: A. Sections 163.3220 - 163.3243, Florida Statutes, which set forth the Florida Local Government Development Agreement Act ("Act"), authorize the City to enter into binding development agreements with persons having a legal or equitable interest in real property located within the corporate limits of the City. B. Under Section 163.3223 of the Act, the City has adopted Section 4-606 of the City of Clearwater Community Development Code ("Code"), establishing procedures and requirements to consider and enter into development agreements. C. The Owner owns approximately 4.5 acres of real property ("Property") in the corporate limits of the City, more particularly described on Exhibit "A" attached hereto and incorporated herein. D. The Owner or its successor desires to develop the Property as a medical clinic with a maximum building height of thirty (30) feet to the top of the roof deck, with a four (4) foot parapet wall for screening, and thirty-eight (38) feet to the top of the elevator/stair towers/architectural elements as generally conforming to the architectural elevation dimensions shown in Composite Exhibit D prepared by Fischer & Associates, LLC with the corresponding Floor Plans together attached as Composite Exhibit "D", and generally conforming to the Staking Site Plan prepared by Northside Engineering Services, Inc. dated May 3, 2005 and date-stamped approved by the Community Development Board on May 25, 2005 ("Site Plan") as shown on Exhibit "B-1" as modified and administratively approved by the Planning Director on May 6, 2008 as shown on Composite Exhibit "B-2", attached hereto and incorporated herein. E. The Property currently has a land use designation of Residential Suburban (RS) and is zoned Low Density Residential (LDR). F. In order to develop the Property, as a medical clinic, the Owner has requested that the City place the following on the Property: (i) a land use designation of Residential Low (5 units/acre) and Institutional (INS), (ii) a zoning designation of LMDR (Low Medium Density Residential) and I (Institutional), all improvements as indicated in Alternate "A" Development Agreement OVA 2005-0001 approved by COB July 15, 2008 1 Attachment number 1 Page 2 of 13 Exhibits "B-1" and "B-2." G. The City and the Owner have determined that it would be mutually beneficial to enter into a development agreement governing the matters set forth herein and have negotiated this Agreement in accordance with the Code and the Act. H. It is the intent of the Owner and the City that Ashland Heights Owners Association, Inc., a Florida non-profit corporation, and Landmark Palms Homeowners' Association, Inc., a Florida non-profit corporation (collectively "Association"), be third- party beneficiaries to this Agreement. I. The City has found that the terms of this Agreement are consistent with the City Comprehensive Plan and the Code. STATEMENT OF AGREEMENT In consideration of and in reliance upon the premises, the mutual covenants contained herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto intending to be legally bound and in accordance with the Act, agree as follows: SECTION 1. Recitals. Agreement. The above recitals are true and correct and are a part of this SECTION 2. Incorporation of the Act. This Agreement is entered into in compliance with and under the authority of the Code and the Act, the terms of which as of the date of this Agreement are incorporated herein by this reference and made a part of this Agreement. Words used in this Agreement without definition that are defined in the Act shall have the same meaning in this Agreement as in the Act. SECTION 3. Property Subiect to this Aqreement. "A" is subject to this Agreement ("Property"). The Property described in Exhibit SECTION 4. Ownership. The Property is owned in fee simple by the Owner. SECTION 5. Effective Date/Duration of this Aqreement. 5.1 This Agreement shall not be effective until the later of the following three (3) events: (1) the pending Comprehensive Plan Amendment for the Property for a land use designation of Residential Low and Institutional (INS) becomes effective as defined by Section 163.3229, Florida Statutes, and Rule 9J-11.011, Florida Administrative Code; and (2) the pending rezoning of the Property for a designation of Low Medium Density Residential (LMDR) and Institutional (I) becomes effective; and (3) this Agreement is properly recorded in the public records of Pinellas County and 30 days have elapsed after having been received by the Department of Community Affairs pursuant to Florida Alternate "A" Development Agreement OVA 2005-0001 approved by COB July 15, 2008 2 Attachment number 1 Page 3 of 13 Statutes Section 163.3239 and Clearwater Community Development Code Section 4- 606G.2. " 5.2 Within fourteen (14) days after the City approves the execution of this Agreement, the City shall record the Agreement with the Clerk of the Circuit Court for Pinellas County. The Owner shall pay the cost of such recording. The City shall submit to the Department of Community Affairs a copy of the recorded Agreement within fourteen (14) days after the Agreement is recorded. 5.3 This Agreement shall continue in effect until terminated, as defined herein, but for a period not to exceed twenty (20) years. SECTION 6. Obliqations under this Aqreement. 6.1 Obligations of the Owner 6.1.1 The obligations under this Agreement shall be binding upon and the benefits of this Agreement shall inure to the Owner, its successors in interests or assigns. 6.1.2 At the time of development of the Property, the Owner will submit such applications and documentation as are required by law and shall comply with the City's Code applicable at the time of development review. 6.1.3 The following restrictions shall apply to development of the Property: 6.1.3.1 The Property and improvements located thereon shall be developed in substantial conformance with the Site Plan attached as Exhibit "B-1" approved by Developer Order of the Community Development Board ("CDB") on May 17, 2005 in case number FLD2005-01014 as further modified and approved administratively by the Planning Director on May 6, 2008 attached as Exhibit "B-2" ("Site Plan"). Any minor revisions or changes to the Site Plan shall be consistent with the approved Site Plan and shall be approved by the Planning Director as a minor modification. Any modifications determined by the Planning Director as either inconsistent with the approved Site Plan or constituting a substantial deviation from the approved Site Plan and thus requiring further approval by the CDB shall require an amendment to this Agreement in accordance with the procedures of the Act and the Code, as necessary and applicable. Any and all such approved and adopted amendments shall be recorded in the public records of Pinellas County, Florida. 6.1.3.2 The maximum building square footage shall not exceed 45,000 square feet and shall be developed as a medical clinic. 6.1.3.3 The Building shall not exceed two (2) stories in height, with a maximum building height not to exceed thirty (30) feet to the top of the roof deck, with a maximum four (4) foot parapet wall for screening, and a maximum thirty-eight (38) feet Alternate "A" Development Agreement OVA 2005-0001 approved by COB July 15, 2008 3 Attachment number 1 Page 4 of 13 to the top of the elevator/stair towers/architectural elements generally conforming to the building elevation dimensions as shown in Exhibit D prepared by Fischer & Associates, LLC with the corresponding Floor Plans also attached in Composite Exhibit "D" hereto and incorporated herein. 6.1.3.4 The parking spaces on the Property shall not exceed 225 in number, inclusive of eight (8) handicap spaces. Parking spaces located in the fifty-five (55) foot buffer area on the North side of the building (i) shall be secured by a gate, (ii) shall only allow staff access, and (iii) shall not exceed fifteen (15) in number. 6.1.3.5 shall be translucent. All windows on the North and West sides of the Building 6.1.3.6 The Owner shall construct a six (6) foot concrete wall (with a stucco finish) ("Wall") along the North (through Lot 40) Property line within the Landscape Buffer zone between the parking area and the North Property line prior to commencement of any vertical construction. The final location of this Wall will be coordinated with the Tree Preservation Plan to preserve all trees with a rating of 3 or higher to the maximum extent possible, and be subject to the approval of the City and consent by the Association, provided such location does not constitute a substantial site plan modification requiring CDB hearing and approval. To the maximum extent possible, subject to preserving trees with a rating of 3 or higher, the Wall shall be setback from the North Property line to provide adequate area to allow maintenance of the north face of the Wall within the boundaries of the Property. In the event, as a result of the need to preserve an existing tree, necessitating that the Wall be located on or near the North Property line such that in order to maintain the Wall, it may be necessary for the Owner to enter private property to perform such maintenance and accordingly, the Owner and the affected private property owners may enter into a private agreement regarding the performance of such maintenance. 6.1.3.7 The Owner shall construct a six (6) foot vinyl privacy fence ("Fence") on the South Property line prior to commencement of any vertical construction, subject to City approval. In order to maintain the Fence, it may be necessary for the Owner to enter private property to perform such maintenance and accordingly, the Owner and the affected private property owners may enter into a private agreement regarding the performance of such maintenance. 6.1.3.8 The Owner shall construct a vinyl fence of at least six (6) feet in height along the west side of the proposed parking area immediately east of the retention pond area prior to commencement of any vertical construction, and such fence shall be landscaped on the west face with a continuous hedge or non-deciduous vine, in accordance with Section 2-204.C.3 of the Code. 6.1.3.9 The Owner shall maintain the Wall and Fences required by Sections 6.1.3.6, 6.1.3.7 and 6.1.3.8 in good condition and such maintenance, either cosmetic or structural, shall be made promptly and completed in a good workman-like Alternate "A" Development Agreement OVA 2005-0001 approved by COB July 15, 2008 4 Attachment number 1 Page 5 of 13 manner. 6.1.3.10 There shall be trees installed at the time of planting that are a minimum of eight (8) to ten (10) feet in height south of the Wall located along the North Property line as described in Section 6.1.3.6 above in accordance with Exhibit "C" containing the Landscape Site Plan & Details date-stamped approved by the CDB on May 25, 2005 for purposes of screening and buffering the medical building from the residential homes located north of the Property. 6.1.3.11 All medical imaging shall be conducted on the Southern half of the building. All access ways to the imaging machines and rooms shall be located on the South side of the building.6.1.3.12 The Owner will operate its patient hours in the manner of a typical medical clinic in that the medical clinic will be open from approximately 8 a.m. to 6 p.m., Monday through Friday, and from approximately 8:00 a.m. to 12:00 p.m. on Saturday. The imaging center located on the south side of the building may operate later than the rest of the building, but with limited staff involvement. 6.1.3.13 The Owner shall reduce or eliminate lighting, as allowed by the City. Specifically, the Owner shall reduce or elim inate lighting on the West side of the Property during non-peak times, consistent with safety concerns. 6.1 .3.14 The Owner shall attem pt to preserve fifty-seven (57%) percent of the total trees on-site with a rating of 3 or better and sixty percent (60%) of all existing trees over twelve (12) inches in diameter with a rating of 3 or better. The Owner shall submit a tree preservation plan at the time of building permit application which will be subject to review and approval by the City prior to issuance of any building perm its. 6.1.3.15 to this Agreement. There shall be no residential uses on the Property pursuant 6.1.4 It is the intent of the Owner and the City that Ashland Heights Owners Association, Inc., a Florida non-profit corporation" and Landmark Palms Homeowners' Association, Inc., a Florida non-profit corporation be third-party beneficiaries to this Agreement. 6.2 Obliqations of the City. 6.2.1 Concurrent with the approval of this Agreement, the Council shall promptly process amendments to the land use plan and zoning designation for the Property as set forth in Recital F above, all in accordance with the Code. 6.2.2 The City shall promptly process site and construction plan applications for the Property that are consistent with the Comprehensive Plan and the Concept Plan and that meet the requirements of the Code. Alternate "A" Development Agreement OVA 2005-0001 approved by COB July 15, 2008 5 Attachment number 1 Page 6 of 13 6.2.3 The final effectiveness of the re-designations referenced In Section 6.2.1. is subject to: 6.2.3.1 The provisions of Chapters 163 and 166, Florida Statutes, as they may govern such amendments; and 6.2.3.2 The expiration of any appeal periods or, if an appeal is filed, at the conclusion of such appeal. SECTION 7. Public Facilities to Service Development. The following public facilities are presently available to the Property from the sources indicated below. Development of the Property will be governed by the concurrency ordinance provisions applicable at the time of development approval. With respect to transportation and other public infrastructure and services subject to concurrency requirements, all applicable concurrency provisions for the proposed development have been met. 7.1 Potable water is available from the City. The Owner shall be responsible for all necessary main extensions and applicable connection fees. 7.2 Sewer service is currently provided by the City. The Owner shall be responsible for all necessary main extensions and applicable connection fees. 7.3 Fire protection from the City. 7.4 Drainage facilities for the Property will be provided by the Owner at the Owner's sole expense. 7.5 All improvements associated with the public facilities identified in Subsections 7.1 through 7.4 shall be completed prior to the issuance of any certificate of occupancy. SECTION 8. Required Local Government Permits. The required local government development permits for development of the Property include, without limitation, the following: 8.1 Site plan approval(s) and associated utility licenses, access, and right-of-way utilization permits; 8.2 Construction plan approval(s); 8.3 Building permit(s); and 8.4 Certificate(s) of occupancy. SECTION 9. Consistency. The City finds that development of the Property IS Alternate "A" Development Agreement OVA 2005-0001 approved by COB July 15, 2008 6 Attachment number 1 Page 7 of 13 consistent with the terms of this Agreement is consistent with the City Comprehensive Plan and the Code. SECTION 10. Termination. 10.1 If the Owner's obligations set forth in this Agreement are not followed in a timely manner, as determined by the City Manager, after notice to the Owner and an opportunity to be heard, existing permits shall be administratively suspended and issuance of new permits suspended until the Owner has fulfilled its obligations. Failure to timely fulfill its obligations may serve as a basis for termination of this Agreement by the City, at the discretion of the City and after notice to the Owner and an opportunity for the Owner to be heard. SECTION 11. Other Terms and Conditions. 11.1 Except in the case of termination, until twenty (20) years after the date of this Agreement, the Property shall not be subject to down-zoning, unit density reduction, or intensity reduction, unless the City has held a public hearing and determined: 11.1.1 That substantial changes have occurred in pertinent conditions existing at the time of approval of this Agreement; or 11.1.2 This Agreement is based on substantially inaccurate information provided by the Owner; or 11.1.3 That the change is essential to the public health, safety, or welfare. SECTION 12. Compliance with Law. The failure of this Agreement to address any particular permit, condition, term or restriction shall not relieve the Owner from the necessity of complying with the law governing such permitting requirements, conditions, terms or restrictions. SECTION 13. Notices. Notices and communications required or desired to be given under this Agreement shall be given to the parties by hand delivery, by nationally recognized overnight courier service such as Federal Express, or by certified mail, return receipt requested, addressed as follows (copies as provided below shall be required for proper notice to be given): If to the Owner: Spinecare Properties, LLC c/o William Shatz, Managing Member 2250 Drew Street Clearwater, FL 33765 With Copy to: Deborah L. Martohue, Esquire Martohue Land Use Law Group, P.A. Alternate "A" Development Agreement OVA 2005-0001 approved by COB July 15, 2008 7 Attachment number 1 Page 8 of 13 Villages on Grand Central 2429 Central Avenue, Suite 203 St. Petersburg, FL 33713 If to City: City Council of City of Clearwater c/o City Manager 112 South Osceola Avenue Clearwater, FL 337561f to Association: Ashland Heights Owners Assn., Inc. c/o Progressive Management 4151 Woodlands Parkway Palm Harbor, FL 34685 With Copy to: Robert Lapin, President Ashland Heights Owners Association 3309 Waterford Drive Clearwater, FL 33761 and Landmark Palms Homeowners' Association, Inc. c/o Larry Brown 3269 Nicks Place Clearwater, FL 33761 With copy to: John Katopis, President 3007 Geiger Court Clearwater, FL 33761 Properly addressed, postage prepaid, notices or communications shall be deemed delivered and received on the day of hand delivery, the next business day after deposit with an overnight courier service for next day delivery, or on the third (3rd) day following deposit in the United States mail, certified mail, return receipt requested. The parties may change the addresses set forth above (including the addition of a mortgagee to receive copies of all notices), by notice in accordance with this Section. SECTION 14. INTENTIONALLY OMITTED. SECTION 15. Minor Non-Compliance. The Owner will not be deemed to have failed to comply with the terms of this Agreement in the event such non-compliance, in the judgment of the City Manager, reasonably exercised, is of a minor or inconsequential nature. SECTION 16. Covenant of Cooperation. The parties shall cooperate with and deal with each other in good faith and assist each other in the performance of the provisions of this Agreement and in achieving the completion of development of the Alternate "A" Development Agreement OVA 2005-0001 approved by COB July 15, 2008 8 Attachment number 1 Page 9 of 13 Property. SECTION 17. Approvals. Whenever an approval or consent is required under or contemplated by this Agreement such approval or consent shall not be unreasonably withheld, delayed or conditioned. All such approvals and consents shall be requested and granted in writing. SECTION 18. Completion of Aqreement. Upon the completion of performance of this Agreement or its revocation or termination, a statement evidencing such completion, revocation or termination shall be signed by the parties hereto and recorded in the official records of the City. SECTION 19. Entire Aqreement. This Agreement (including any and all Exhibits attached hereto all of which are a part of this Agreement to the same extent as if such Exhibits were set forth in full in the body of this Agreement), constitutes the entire agreement between the parties hereto pertaining to the subject matter hereof. SECTION 20. Construction. The titles, captions and section numbers in this Agreement are inserted for convenient reference only and do not define or limit the scope or intent and should not be used in the interpretation of any section, subsection or provision of this Agreement. Whenever the context requires or permits, the singular shall include the plural, and plural shall include the singular and any reference in this Agreement to the Owner includes the Owner's successors or assigns. This Agreement was the production of negotiations between representatives for the City and the Owner and the language of the Agreement should be given its plain and ordinary meaning and should not be strictly construed against any party hereto based upon draftsmanship. If any term or provision of this Agreement is susceptible to more than one interpretation, one or more of which render it valid and enforceable, and one or more of which would render it invalid or unenforceable, such term or provision shall be construed in a manner that would render it valid and enforceable. SECTION 21. Partial Invalidity. If any term or provision of this Agreement or the application thereof to any person or circumstance is declared invalid or unenforceable, the remainder of this Agreement, including any valid portion of the invalid term or provision and the application of such invalid term or provision to circumstances other than those as to which it is held invalid or unenforceable, shall not be affected thereby and shall with the remainder of this Agreement continue unmodified and in full force and effect. Notwithstanding the foregoing, if such responsibilities of any party hereto, to the extent that the purpose of this Agreement or the benefits sought to be received hereunder are frustrated, such party shall have the right to terminate this Agreement upon fifteen (15) days written notice to the other parties. SECTION 22. Code Amendments. Subsequently adopted ordinances and codes of the City which are of general application not governing the development of land shall be applicable to the Property, and such modifications are specifically anticipated in this Agreement. Alternate "A" Development Agreement OVA 2005-0001 approved by COB July 15, 2008 9 Attachment number 1 Page 10 of 13 SECTION 23. Governinq Law. This Agreement shall be governed by, and construed in accordance with the laws of the State of Florida without regard to the conflict of laws principles of such state. SECTION 24. Counterparts. This Agreement may be executed in counterparts, all of which together shall continue one and the same instrument. SECTION 25. Amendment. This Agreement may be amended by mutual written consent of the City, the Owner, and the Association so long as the amendment meets the requirements of the Act, applicable City ordinances, and Florida law. IN WITNESS WHEREOF, the parties have hereto executed this Agreement the date and year first above written. [End of Substantive Provisions, Signature Page to follow.] Alternate "A" Development Agreement OVA 2005-0001 approved by COB July 15, 2008 10 Attachment number 1 Page 11 of 13 WITNESSES: SPINECARE PROPERTIES, LLC By: Printed Name: William Shatz, Managing Member Printed Name: CITY OF CLEARWATER, FLORI DA By: Printed Name: William B. Horne II, City Manager Printed Name: Attest: Cynthia E. Goudeau, City Clerk Countersigned: Frank V. Hibbard, Mayor Approved as to Form: Leslie K. Dougall-Sides Assistant City Attorney Alternate "A" Development Agreement OVA 2005-0001 approved by COB July 15, 2008 11 Attachment number 1 Page 12 of 13 STATE OF FLORIDA COUNTY OF PI NELLAS The foregoing instrument was acknowledged before me this , 2008, by , as of SPINECARE PROPERTIES, LLC, a Florida limited liability company, on behalf of the company, who D is personally known to me or who D produced as identification. Notary Public Print Name: STATE OF FLORIDA COUNTY OF PI NELLAS The foregoing instrument was acknowledged before me this , 2008, by , William B. Horne II, as City Manager of the City of Clearwater, Florida, who D is personally known to me or who D produced identification. Notary Public Print Name: Exhibits: A Legal Description of Property B Site Plan C Landscape Plan 108694.341 027 Alternate "A" Development Agreement OVA 2005-0001 approved by COB July 15, 2008 12 Attachment number 1 Page 13 of 13 EXHIBIT "A" LEGAL DESCRIPTION Alternate "A" Development Agreement OVA 2005-0001 approved by COB July 15, 2008 13 Attachment number 2 Page 1 of 13 DEVELOPMENT AGREEMENT THIS DEVELOPMENT AGREEMENT ("AGREEMENT") is dated , 2008, effective as provided in Section 5 of this Agreement, and entered into between SPINECARE PROPERTIES, LLC, a Florida limited liability company ("Owner"), and the CITY OF CLEARWATER, FLORIDA, a political subdivision of the State of Florida acting through its City Council ("Council"), the governing body thereof ("City"). R E C I TAL S: A. Sections 163.3220 - 163.3243, Florida Statutes, which set forth the Florida Local Government Development Agreement Act ("Act"), authorize the City to enter into binding development agreements with persons having a legal or equitable interest in real property located within the corporate limits of the City. B. Under Section 163.3223 of the Act, the City has adopted Section 4-606 of the City of Clearwater Community Development Code ("Code"), establishing procedures and requirements to consider and enter into development agreements. C. The Owner owns approximately 4.5 acres of real property ("Property") in the corporate limits of the City, more particularly described on Exhibit "A" attached hereto and incorporated herein. D. The Owner or its successor desires to develop the Property as a medical clinic with a maximum building height of thirty (30) feet to the top of the roof deck, with a foot parapet wall for screening, and feet to the top of the elevator/stair 2005 and date-stamped approved by the Community May 25, 2005 ("Site Plan") :::': shown on Exhibit " E. The Property currently has a land use designation of Residential Suburban (RS) and is zoned Low Density Residential (LDR). F. In order to develop the Property, as a medical clinic, the Owner has requested that the City place the following on the Property: (i) a land use designation of Residential Low (5 units/acre) and Institutional (INS), (ii) a zoning designation of LMDR Alternate "A" Development Agreement OVA 2005-0001 for COB Hearing July 15, 2008 1 Attachment number 2 Page 2 of 13 (Low Medium Density Residential) and I (Institutional), all Exhibit, " " indicated in I G. The City and the Owner have determined that it would be mutually beneficial to enter into a development agreement governing the matters set forth herein and have negotiated this Agreement in accordance with the Code and the Act. H. It is the intent of the Owner and the City that Ashland Heights Owners Association, Inc., a Florida non-profit corporation, and Landmark Palms Homeowners' Association, Inc., a Florida non-profit corporation (collectively "Association"), be third- party beneficiaries to this Agreement. I. The City has found that the terms of this Agreement are consistent with the City Comprehensive Plan and the Code. STATEMENT OF AGREEMENT In consideration of and in reliance upon the premises, the mutual covenants contained herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto intending to be legally bound and in accordance with the Act, agree as follows: SECTION 1. Recitals. Agreement. The above recitals are true and correct and are a part of this SECTION 2. Incorporation of the Act. This Agreement is entered into in compliance with and under the authority of the Code and the Act, the terms of which as of the date of this Agreement are incorporated herein by this reference and made a part of this Agreement. Words used in this Agreement without definition that are defined in the Act shall have the same meaning in this Agreement as in the Act. SECTION 3. Property Subject to this Aqreement. "A" is subject to this Agreement ("Property"). The Property described in Exhibit SECTION 4. Ownership. The Property is owned in fee simple by the Owner. SECTION 5. Effective Date/Duration of this Aqreement. 5.1 This Agreement shall not be effective until the later of the following three (3) events: (1) the pending Comprehensive Plan Amendment for the Property for a land use designation of Residential Low and Institutional (INS) becomes effective as defined by Section 163.3229, Florida Statutes, and Rule 9J-11.011, Florida Administrative Code; and (2) the pending rezoning of the Property for a designation of Low Medium Density Residential (LMDR) and Institutional (I) becomes effective; and (3) this Agreement is properly recorded in the public records of Pinellas County and 30 days have elapsed after having been received by the Department of Community Affairs pursuant to Florida Alternate "A" Development Agreement OVA 2005-0001 for COB Hearing July 15, 2008 2 Attachment number 2 Page 3 of 13 Statutes Section 163.3239 and Clearwater Community Development Code Section 4- 606G.2. " 5.2 Within fourteen (14) days after the City approves the execution of this Agreement, the City shall record the Agreement with the Clerk of the Circuit Court for Pinellas County. The Owner shall pay the cost of such recording. The City shall submit to the Department of Community Affairs a copy of the recorded Agreement within fourteen (14) days after the Agreement is recorded. 5.3 This Agreement shall continue in effect until terminated, as defined herein, but for a period not to exceed twenty (20) years. SECTION 6. Obliqations under this Aqreement. 6.1 Obligations of the Owner 6.1.1 The obligations under this Agreement shall be binding upon and the benefits of this Agreement shall inure to the Owner, its successors in interests or assigns. 6.1.2 At the time of development of the Property, the Owner will submit such applications and documentation as are required by law and shall comply with the City's Code applicable at the time of development review. 6.1.3 The following restrictions shall apply to development of the Property: 6.1.3.1 The Property and improvements located thereon shall be developed in substantial conformance with the Site Plan attached as Exhibit "1 approved by Developer Order of the Community Development Board ("CDB") on May 17, 2005 in case number FLD2005-0101 Any minor revisions or changes to the Site Plan shall be consistent with the approved Site Plan and shall be approved by the Planning Director as a minor modification. Any modifications determined by the Planning Director as either inconsistent with the approved Site Plan or constituting a substantial deviation from the approved Site Plan and thus requiring further approval by the CDB shall require an amendment to this Agreement in accordance with the procedures of the Act and the Code, as necessary and applicable. Any and all such approved and adopted amendments shall be recorded in the public records of Pinellas County, Florida. 6.1.3.2 The maximum building square footage shall not exceed 45,000 square feet and shall be developed as a medical clinic. 6.1.3.3 The Building shall not exceed two (2) stories in height, with a maximum building height not to exceed thirty (30) feet to the top of the roof deck, with a foot parapet wall for screening, and Alternate "A" Development Agreement OVA 2005-0001 for COB Hearing July 15, 2008 3 Attachment number 2 Page 4 of 13 feet to the top of the elevator/stair 6.1.3.4 The parking spaces on the Property shall not exceed 225 in number, inclusive of eight (8) handicap spaces. Parking spaces located in the fifty-five (55) foot buffer area on the North side of the building (i) shall be secured by a gate, (ii) shall only allow staff access, and (iii) shall not exceed fifteen (15) in number. 6.1.3.5 shall be translucent. All windows on the North and West sides of the Building 6.1.3.6 The Owner shall construct a six (6) foot concrete wall (with a stucco finish) ("Wall") along the North (through Lot 40) Property line within the Landscape Buffer zone between the parking area and the North Property line prior to commencement of any vertical construction. The final location of this Wall will be coordinated with the Tree Preservation Plan to preserve all trees with a rating of 3 or higher to the maximum extent possible, and be subject to the approval of the City and consent by the Association, provided such location does not constitute a substantial site plan modification requiring CDB hearing and approval. To the maximum extent possible, subject to preserving trees with a rating of 3 or higher, the Wall shall be setback from the North Property line to provide adequate area to allow maintenance of the north face of the Wall within the boundaries of the Property. In the event, as a result of the need to preserve an existing tree, necessitating that the Wall be located on or near the North Property line such that in order to maintain the Wall, it may be necessary for the Owner to enter private property to perform such maintenance and accordingly, the Owner and the affected private property owners may enter into a private agreement regarding the performance of such maintenance. 6.1.3.7 The Owner shall construct a six (6) foot vinyl privacy fence ("Fence") on the South Property line prior to commencement of any vertical construction, subject to City approval. In order to maintain the Fence, it may be necessary for the Owner to enter private property to perform such maintenance and accordingly, the Owner and the affected private property owners may enter into a private agreement regarding the performance of such maintenance. 6.1.3.8 The Owner shall construct a vinyl fence of at least six (6) feet in height along the west side of the proposed parking area immediately east of the retention pond area prior to commencement of any vertical construction, and such fence shall be landscaped on the west face with a continuous hedge or non-deciduous vine, in accordance with Section 2-204.C.3 of the Code. 6.1.3.9 The Owner shall maintain the Wall and Fences required by Sections 6.1.3.6, 6.1.3.7 and 6.1.3.8 in good condition and such maintenance, either cosmetic or structural, shall be made promptly and completed in a good workman-like Alternate "A" Development Agreement OVA 2005-0001 for COB Hearing July 15, 2008 4 Attachment number 2 Page 5 of 13 manner. 6.1.3.10 There shall be trees installed at the time of planting that are a minimum of eight (8) to ten (10) feet in height south of the Wall located along the North Property line as described in Section 6.1.3.6 above in accordance with Exhibit "C" containing the Landscape Site Plan & Details date-stamped approved by the CDB on May 25, 2005 for purposes of screening and buffering the medical building from the residential homes located north of the Property. 6.1.3.11 All medical imaging shall be conducted on the Southern half of the building. All access ways to the imaging machines and rooms shall be located on the South side of the building.6.1.3.12 The Owner will operate its patient hours in the manner of a typical medical clinic in that the medical clinic will be open from approximately 8 a.m. to 6 p.m., Monday through Friday, and from approximately 8:00 a.m. to 12:00 p.m. on Saturday. The imaging center located on the south side of the building may operate later than the rest of the building, but with limited staff involvement. 6.1.3.13 The Owner shall reduce or eliminate lighting, as allowed by the City. Specifically, the Owner shall reduce or elim inate lighting on the West side of the Property during non-peak times, consistent with safety concerns. 6.1 .3.14 The Owner shall attem pt to preserve fifty-seven (57%) percent of the total trees on-site with a rating of 3 or better and sixty percent (60%) of all existing trees over twelve (12) inches in diameter with a rating of 3 or better. The Owner shall submit a tree preservation plan at the time of building permit application which will be subject to review and approval by the City prior to issuance of any building perm its. 6.1.3.15 to this Agreement. There shall be no residential uses on the Property pursuant 6.1.4 It is the intent of the Owner and the City that Ashland Heights Owners Association, Inc., a Florida non-profit corporation" and Landmark Palms Homeowners' Association, Inc., a Florida non-profit corporation be third-party beneficiaries to this Agreement. 6.2 Obliqations of the City. 6.2.1 Concurrent with the approval of this Agreement, the Council shall promptly process amendments to the land use plan and zoning designation for the Property as set forth in Recital F above, all in accordance with the Code. 6.2.2 The City shall promptly process site and construction plan applications for the Property that are consistent with the Comprehensive Plan and the Concept Plan and that meet the requirements of the Code. Alternate "A" Development Agreement OVA 2005-0001 for COB Hearing July 15, 2008 5 Attachment number 2 Page 6 of 13 6.2.3 The final effectiveness of the re-designations referenced In Section 6.2.1. is subject to: 6.2.3.1 The provisions of Chapters 163 and 166, Florida Statutes, as they may govern such amendments; and 6.2.3.2 The expiration of any appeal periods or, if an appeal is filed, at the conclusion of such appeal. SECTION 7. Public Facilities to Service Development. The following public facilities are presently available to the Property from the sources indicated below. Development of the Property will be governed by the concurrency ordinance provisions applicable at the time of development approval. With respect to transportation and other public infrastructure and services subject to concurrency requirements, all applicable concurrency provisions for the proposed development have been met. 7.1 Potable water is available from the City. The Owner shall be responsible for all necessary main extensions and applicable connection fees. 7.2 Sewer service is currently provided by the City. The Owner shall be responsible for all necessary main extensions and applicable connection fees. 7.3 Fire protection from the City. 7.4 Drainage facilities for the Property will be provided by the Owner at the Owner's sole expense. 7.5 All improvements associated with the public facilities identified in Subsections 7.1 through 7.4 shall be completed prior to the issuance of any certificate of occupancy. SECTION 8. Required Local Government Permits. The required local government development permits for development of the Property include, without limitation, the following: 8.1 Site plan approval(s) and associated utility licenses, access, and right-of-way utilization permits; 8.2 Construction plan approval(s); 8.3 Building permit(s); and 8.4 Certificate(s) of occupancy. SECTION 9. Consistency. The City finds that development of the Property IS Alternate "A" Development Agreement OVA 2005-0001 for COB Hearing July 15, 2008 6 Attachment number 2 Page 7 of 13 consistent with the terms of this Agreement is consistent with the City Comprehensive Plan and the Code. SECTION 10. Termination. 10.1 If the Owner's obligations set forth in this Agreement are not followed in a timely manner, as determined by the City Manager, after notice to the Owner and an opportunity to be heard, existing permits shall be administratively suspended and issuance of new permits suspended until the Owner has fulfilled its obligations. Failure to timely fulfill its obligations may serve as a basis for termination of this Agreement by the City, at the discretion of the City and after notice to the Owner and an opportunity for the Owner to be heard. SECTION 11. Other Terms and Conditions. 11.1 Except in the case of termination, until twenty (20) years after the date of this Agreement, the Property shall not be subject to down-zoning, unit density reduction, or intensity reduction, unless the City has held a public hearing and determined: 11.1.1 That substantial changes have occurred in pertinent conditions existing at the time of approval of this Agreement; or 11.1.2 This Agreement is based on substantially inaccurate information provided by the Owner; or 11.1.3 That the change is essential to the public health, safety, or welfare. SECTION 12. Compliance with Law. The failure of this Agreement to address any particular permit, condition, term or restriction shall not relieve the Owner from the necessity of complying with the law governing such permitting requirements, conditions, terms or restrictions. SECTION 13. Notices. Notices and communications required or desired to be given under this Agreement shall be given to the parties by hand delivery, by nationally recognized overnight courier service such as Federal Express, or by certified mail, return receipt requested, addressed as follows (copies as provided below shall be required for proper notice to be given): If to the Owner: Spinecare Properties, LLC c/o William Shatz, Managing Member 2250 Drew Street Clearwater, FL 33765 With Copy to: Deborah L. Martohue, Esquire Martohue Land Use Law Group, P.A. Alternate "A" Development Agreement OVA 2005-0001 for COB Hearing July 15, 2008 7 Attachment number 2 Page 8 of 13 Villages on Grand Central 2429 Central Avenue, Suite 203 St. Petersburg, FL 33713 If to City: City Council of City of Clearwater c/o City Manager 112 South Osceola Avenue Clearwater, FL 33756 If to Association: Ashland Heights Owners Assn., Inc. c/o Progressive Management 4151 Woodlands Parkway Palm Harbor, FL 34685 With Copy to: Robert Lapin, President Ashland Heights Owners Association 3309 Waterford Drive Clearwater, FL 33761 and Landmark Palms Homeowners' Association, Inc. c/o Larry Brown 3269 Nicks Place Clearwater, FL 33761 With copy to: John Katopis, President 3007 Geiger Court Clearwater, FL 33761 Properly addressed, postage prepaid, notices or communications shall be deemed delivered and received on the day of hand delivery, the next business day after deposit with an overnight courier service for next day delivery, or on the third (3rd) day following deposit in the United States mail, certified mail, return receipt requested. The parties may change the addresses set forth above (including the addition of a mortgagee to receive copies of all notices), by notice in accordance with this Section. SECTION 14. INTENTIONALLY OMITTED. SECTION 15. Minor Non-Compliance. The Owner will not be deemed to have failed to comply with the terms of this Agreement in the event such non-compliance, in the judgment of the City Manager, reasonably exercised, is of a minor or inconsequential nature. SECTION 16. Covenant of Cooperation. The parties shall cooperate with and deal with each other in good faith and assist each other in the performance of the Alternate "A" Development Agreement OVA 2005-0001 for COB Hearing July 15, 2008 8 Attachment number 2 Page 9 of 13 provisions of this Agreement and in achieving the completion of development of the Property. SECTION 17. Approvals. Whenever an approval or consent is required under or contemplated by this Agreement such approval or consent shall not be unreasonably withheld, delayed or conditioned. All such approvals and consents shall be requested and granted in writing. SECTION 18. Completion of Aqreement. Upon the completion of performance of this Agreement or its revocation or termination, a statement evidencing such completion, revocation or termination shall be signed by the parties hereto and recorded in the official records of the City. SECTION 19. Entire Aqreement. This Agreement (including any and all Exhibits attached hereto all of which are a part of this Agreement to the same extent as if such Exhibits were set forth in full in the body of this Agreement), constitutes the entire agreement between the parties hereto pertaining to the subject matter hereof. SECTION 20. Construction. The titles, captions and section numbers in this Agreement are inserted for convenient reference only and do not define or limit the scope or intent and should not be used in the interpretation of any section, subsection or provision of this Agreement. Whenever the context requires or permits, the singular shall include the plural, and plural shall include the singular and any reference in this Agreement to the Owner includes the Owner's successors or assigns. This Agreement was the production of negotiations between representatives for the City and the Owner and the language of the Agreement should be given its plain and ordinary meaning and should not be strictly construed against any party hereto based upon draftsmanship. If any term or provision of this Agreement is susceptible to more than one interpretation, one or more of which render it valid and enforceable, and one or more of which would render it invalid or unenforceable, such term or provision shall be construed in a manner that would render it valid and enforceable. SECTION 21. Partial Invalidity. If any term or provision of this Agreement or the application thereof to any person or circumstance is declared invalid or unenforceable, the remainder of this Agreement, including any valid portion of the invalid term or provision and the application of such invalid term or provision to circumstances other than those as to which it is held invalid or unenforceable, shall not be affected thereby and shall with the remainder of this Agreement continue unmodified and in full force and effect. Notwithstanding the foregoing, if such responsibilities of any party hereto, to the extent that the purpose of this Agreement or the benefits sought to be received hereunder are frustrated, such party shall have the right to terminate this Agreement upon fifteen (15) days written notice to the other parties. SECTION 22. Code Amendments. Subsequently adopted ordinances and codes of the City which are of general application not governing the development of land shall be applicable to the Property, and such modifications are specifically anticipated in this Alternate "A" Development Agreement OVA 2005-0001 for COB Hearing July 15, 2008 9 Attachment number 2 Page 10 of 13 Agreement. SECTION 23. Governinq Law. This Agreement shall be governed by, and construed in accordance with the laws of the State of Florida without regard to the conflict of laws principles of such state. SECTION 24. Counterparts. This Agreement may be executed in counterparts, all of which together shall continue one and the same instrument. SECTION 25. Amendment. This Agreement may be amended by mutual written consent of the City, the Owner, and the Association so long as the amendment meets the requirements of the Act, applicable City ordinances, and Florida law. IN WITNESS WHEREOF, the parties have hereto executed this Agreement the date and year first above written. [End of Substantive Provisions, Signature Page to follow.] Alternate "A" Development Agreement OVA 2005-0001 for COB Hearing July 15, 2008 10 Attachment number 2 Page 11 of 13 WITNESSES: SPINECARE PROPERTIES, LLC By: Printed Name: William Shatz, Managing Member Printed Name: CITY OF CLEARWATER, FLORI DA By: Printed Name: William B. Horne II, City Manager Printed Name: Attest: Cynthia E. Goudeau, City Clerk Countersigned: Frank V. Hibbard, Mayor Approved as to Form: Leslie K. Dougall-Sides Assistant City Attorney Alternate "A" Development Agreement OVA 2005-0001 for COB Hearing July 15, 2008 11 Attachment number 2 Page 12 of 13 STATE OF FLORIDA COUNTY OF PI NELLAS The foregoing instrument was acknowledged before me this , 2008, by , as of SPINECARE PROPERTIES, LLC, a Florida limited liability company, on behalf of the company, who D is personally known to me or who D produced as identification. Notary Public Print Name: STATE OF FLORIDA COUNTY OF PI NELLAS The foregoing instrument was acknowledged before me this , 2008, by , William B. Horne II, as City Manager of the City of Clearwater, Florida, who D is personally known to me or who D produced identification. Notary Public Print Name: Exhibits: A Legal Description of Property B Site Plan C Landscape Plan 108694.341 027 Alternate "A" Development Agreement OVA 2005-0001 for COB Hearing July 15, 2008 12 Attachment number 2 Page 13 of 13 EXHIBIT "A" LEGAL DESCRIPTION Alternate "A" Development Agreement OVA 2005-0001 for COB Hearing July 15, 2008 13 Attachment number 3 Page 1 of 1 Exhibit "A" PARCEL 1: Lot 1, Geiger Tract, according to the map or plat thereof as recorded in Plat Book 102, Page 18, of the public records of Pin ell as County, FI. PARCEL 2: The East 308.25 feet of the North 1J4 of the Northwest 1J4 of the Northwest 1J4 of Section 21, Township 28 South, Range 16 East, Pinellas County, Florida, LESS the South 208.75 feet, AND LESS the West 84 feet, AND LESS the East 100 feet thereof for road right-of-way. Attachment number 4 Page 1 of 3 LAND USE LAW GROUP P.A. DEBORAH L. MARTOHUE, ESQUIRE Attorneys & Counselors At Law Village Center on Grand Central 2429 Central Avenue, Suite 203 St. Petersburg, Florida 33713 www.martohuelaw.com Telephone: 727.321.LAND Facsimile: 727.3 21.8584 Mobile: 727.460.8431 dmartohue@martohuelaw.com MEMORANDUM TO: Clearwater City Council FROM: Deborah L Martohue, Esq. DATE: July 17, 2008 RE: Summary of Proposed Revisions to: DV A2005-0000 1 related to approved Site Plan - FLD2005-01014 Relating to: LUZ2005-02002 by Applicant: Spinecare Properties, LLC Property Located at: 3280/3290 Mc Mullen Booth Rd CC: Leslie Dougall-Sides, Esq., Assistant City Attorney Michael Delk, Planning Director Gina Clayton, Assistant Planning Director Mike Reynolds, Planner ............................................................................ Below is a summary of the proposed revisions to DV A2005-0000 1 previously reviewed and approved at public hearing by the CDB on May 17, 2005. Additional revisions were submitted prior to the CDB hearing on July 15, 2008 as Alternate "A" in response to Ashland Heights residents' concerns and petition of objection filed July 8, 2008. The additional concessions made in Alternate "A" are shown in redline and specifically lower the maximum height of any screening rooftop parapet to a maximum 48 inches. The Code currently permits rooftop 1 Attachment number 4 Page 2 of 3 parapet screening walls at a height of 30 inches. The previously COB approved OVA in May 2005 allowed 60 inches. In addition, the proposed maximum height for the elevator/staircase towers is proposed to be reduced in Alternative "A" from the 13 feet approved by the COB in May 2005 to 8 feet. Generally, the remaining revisions to the COB approved 2005 OVA that were submitted to staff and DRC review and ultimately COB recommendation of approval primarily are a result of further negotiations with Dr. Weiland and Ashland Height residents from last summer through Mid-April 2008. These revisions address: (1) administrative matters such as changes in notice provisions, statutory references, procedures and requirements, specific references to the approved Site Plans (FLD2005-0 10 14) and clarification language re specifics approved by FLD2005-0 10 14 as further modified by administrative approval issued by the Planning Director on May 6, 2008 ; (2) discussions with the HOAs located to the north of the subject Property re tree preservation, northern wall location and an alternative option for the duration of the agreement; (3) tree preservation issues; (4) and settlement negotiations with Dr. Weiland. Several of the revisions specifically relate to site plan issues along the north and west property boundaries and are offered in the modified OVA to be consistent with those site plan revisions already approved administratively by the Planning Director on May 6, 2008 to address abutting neighbors concerns and the settlement agreement with Dr. Weiland. Section Reference Description of Proposed Revision Whereas Clauses Correct scrivener's errors. in General Whereas Clause 0 Addition of specific site plan criteria and plan references approved by the COB May 2005. Section 5.1 Effective date and conditions precedent to effectiveness of the agreement added for clarification. Section 5.2 Recording and DCA transmittal procedures added for clarification Section 5.3 lO-year duration changed to 20-year duration as requested by the HOAs and further, such duration is consistent with Ch 163 revised July 2007 which allows up to a 20-year duration for a Development Agreement. Section 6.1.3.1 Specific reference to COB approved Site Plan as modified and administratively approved by the Planning Director on May 6, 2008 to reflect site plan changes to address requests by Dr. Weiland (abutting property owner to the west) and Ashland Heights residents (abutting HOA to the north); Procedures for determination of and effect of or minor revisions or substantial deviations of the approved Site Plan and provisions for amendments to the Agreement. Section 6.1.3.2 Specific reference to medical clinic added. Section 6.1.3.3 Clarification language re maximum allowed height in accordance with approved Site Plan as further modified and reduced in proposed OVA Alternative A as a result of objections filed by Ashland Heights residents on July 8, 2008. 2 Attachment number 4 Page 3 of 3 Section 6.1.3.4 Clarification re handicap parking spaces required added per approved Site Plan. Section 6.1.3.6 Provisions relating to the approved and required 6-foot concrete with stucco finish privacy Wall along the northern boundary modified per HOA requests to allow: (1) the potential for the Wall to setback from the northern property line to permit on-site Wall and landscape maintenance; and (2) better coordination with existing tree locations to maximize existing Tree Preservation both in terms of quantity and long- term preservation viability. Revised Wall location was administratively approved by the Planning Director May 6, 2008. Section 6.1.3.8 Vinyl Fence Six feet in height with landscaping added along the west property line to reflect modified and administratively approved Site Plan as part of settlement agreement with Dr. Weiland. Planning Director approval dated May 6, 2008. Section 6.1.3.9 Wall and fence maintenance provisions relocated and clarified. Section 6.1.3.4 Tree Preservation percentages revised to reflect existing conditions, approved Site Plan and City Tree Preservation policies. Methodology for calculating percentages approved by Rick Albee and coordinated with certified arborist Chuck Butler. Section 6.1.3.5 Residential use prohibition clause added. Section 6.1.4 Deed restriction provision deleted as redundant of Agreement requirements that Agreement must be recorded in the public records and enforceable by the HOAs as third-party beneficiaries of the Agreement. Section 7 Clarification added re concurrency consistent with findings in staff report. Section 7.4 Clarification added that drainage facilities will be provided at Owner's sole expense. Section 7.5 Requirement that public facilities required under Section 7 shall be completed prior to issuance of a CO added. Section 11 Revised to reflect 20-year duration of Agreement to be consistent with same change in Section 5. Section 13 Contact persons for Notices updated. Section 25 Amendment provision added. 3 Exhibit "A" PARCEL 1: Lot 1, Geiger Tract, according to the map or plat thereof as recorded in Plat Book 102, Page 18, of the public records of Pin ell as County, FI. PARCEL 2: The East 308.25 feet of the North 1J4 of the Northwest 1J4 of the Northwest 1J4 of Section 21, Township 28 South, Range 16 East, Pinellas County, Florida, LESS the South 208.75 feet, AND LESS the West 84 feet, AND LESS the East 100 feet thereof for road right-of-way. ~ ~ ~ ~ VlA1'BRfORV VRIV~ Attachment number 6 Page 2 of 3 CITY a, C:ltIIA,kWA t'll, ~ ,..a......;1 _I ,:I '.~~ ~ ~.~~f]~.,~~- -=~L~~-..~ . -b.tJI". ... _, ;: ... .-, -- ~ .'-- I_~- IIlIIL~L v.~__ ~ ;,.. ....~-... ' "~~I~~1fI ItlWiidli ~~BnI I. ~~L~.~__~~' -~.-...V'~~ "'''1!1'18''' - IDIIr IlL M ...... 1!t1a __ D" :IIML B ~~ ~,-...,....... .... f.CJIII,..p.u-t16l .... ;.11 -fl~ ~ ~.--~!I~~1IJIIIIij~-'.":...INlI.....,iIIIIdt...~~ >ho .iL- Rd ItfIJ'~ ~-~ no. ~ I ....Ill 'J ..HM.Q , ~...__" .. .DC .... _!IS\I!IlJW!", ,~~'lJIIi.lll I - .tLi .., 1t..._~ :--\a-il j~II..~..:aA 1_:11 ~... fIK,.~ 1"_ [lfD1II tifi.....lIIiIIt ~. '- ta JK""~_ 1ItI.41 :IrIt!:Itf..... '~1.., .,.,~~ftlIlls!fI__ __..~ rJI. DIIII-.kUId.~~....T-""'IB~.p'~41" .......~aaD. 'flIIO'..._...J.d.fI~ 11... 1.- ~~~r-.~~llll~~."""'" '. ~''IIII I~ .. ..,.,r-. -. o~_ ~_ Rrba'IL _ ~~ "'~L~ :. n.. '".Il-a1a..~'d:Jjl~~~'~w . ..... ~1tit..I..JiI..~,~L---'T-A.L..a... ~. It] 1~1IUdUt. ~ ~& t._..~Iba~;"" ,~ .."'. ~-,'''8IIII.]I.....!I'f.,..ilif IJ' ..iiW~. I.t....... - - 1I!!11!!!!.~_""I~.UI"'."'ID~UII~ "'-..-~...IJ1 ~1Il1ll1~~_ 1IIt~'r_"'_~ ~~ fIIIJ :ftII!I L. 111 III IIfIIID .. Ii 1ID1"IID _IIB_ .. ... I;' ,1IIlifId m: 1(Iw, ~ ,,..~ I1i .. D.. ~.....~'\.-..~~,t .' EXHIBIT "B-2" _I ~r_ . _ _~L__.-Il.__-~~ __.j ~ E, Attachment number 6 Page 3 of 3 .- ~d !I""'_,_I~ ll_ -... Ill'UID '-" ~ "....11 rII'l'- ~ '.......I!u 17'17--''' I-~ -'i.-' ~ . .~ III ......-.......111"'- - -" .....a. ~~ m,........di.. - - -T - - ,IMI"'~ I\iuf,AtfP' "R ~r- ~,..lIIM"'p~:.IYd"'.~!lIIl 'lIIUlilL'Bi\,...raty.._..~~_,~ 4D1'i l.&ll . -Iftl ...1 l\i ~"'~NNf~ III ;., EXHIBIT "B-2" -- EXHIBI1 I I I I I I I I I I I - - - - - - - -, - - - - - - - - - - - -I-- I I I I I I I I I I I I I I I I I ---- --------,------------1-- I I I I I I rI ~ - . . IC II ~"" ~ ~""":"';;.":""-Y.- -~..:..:...~ '" !'l .. (. 1..: iJ ~' 1 ==~-~. .~ '!! . . . 'II II.::.":~ - .~~ ~ ~' ....'-- ~~~ ...., '.' - .'. !i3 S; ~ ;0; -= 'III!: ..t ~-~...- Exhibit ..J-- ':PI- . -.- - - - ~..-..: 1M ~~ ::f~ I "Ni "e" ..., - - . . !l .. " . - III -~~~.,....--=- - 4, ROBERT C. PERGOLIZZI, AICP PRINCIPAL SUlVIMARY OF EXPERIENCE Mr. Pergolizzi has conducted numerous transportation studies and land development feasibility studies in Hillsborough, Pinellas, Pasco, Hernando, Collier, Sarasota, Lee, Manatee, Polk, Walton and Citms Counties. These studies include site impact analyses, traffic engineering and traffic operations studies, travel time studies, parking studies. transportation analyses for DRI submittals, roadway capacity analyses and alternative corridor/alignment studies and impact fee studies. He also prepares signal warrant studies and signalization plans in accordance with MUTCD and MUTS procedures and access permits in accordance with FDOT and local government regulations. Mr. Pergolizzi has also served as a transportation planner with the Hillsborough County Metropolitan Planning Organization where he prepared reports to assess traffic impacts of amendments to the Long-Range Transportation Plan. He is familiar with the latest transportation software including FSUTMS, Highway Capacity Software (HCS), FDOT QLOS Software, SYNCHRO, SIGNAL 2000, PASSER and TRANSYT-7F. He has also served as land use consultant and expert witness for various land use plan amendments, rezonings, conditional use and variance hearings for Clients in the Tampa Bay area. SPECIFIC EXPERIENCE Land Use/Zoning · Lowe's/Publix - Pinellas Park · Waterchase - Hillsborough County · Suburban Lodge - Largo · Cypress Cove Townhomes - Hillsborough County · Oak Valley Townhomes - Hillsborough County · Oak Park - Pinellas Park · Walgreens - Pinellas County · Pinellas Expo Center - Pinellas Park · Park Place Townhomes - Pinellas Park · St. Petersburg College EPICENTER - Largo · St. Petersburg College Health Education Center Expansion - Pinellas Park · Cumberland Trace Townhomes - Largo · Roosevelt Commons Office Park - Pinellas County · Hidden Bayou Townhomes - Pinellas County · Skylark Plaza - Pinellas County · Palmbrooke Townhomes - Pinellas Park '" DRI Traffic Studies . Northwood DRI Traffic Analysis Park Place DRI Traffic Analysis - Clearwater River Ridge DRI Traffic Analysis - Pasco County Heritage Pines DRI Traffic Analysis - Pasco County Timber Pines DRI Expansion - Hernando County ICOT Center DRI Traffic Analysis - Pinellas County Mitchell Ranch Plaza DRI - Pasco County Crossroads Mall DRI - Largo CORPOREX Business Park - Hillsborough County Beacon VV oods East - Pasco County The Grove at Wesley Chapel DRI - Pasco County . . . . . . . . . . Roadway Corridor Planning! Alternative Systems Studies · Lynn Turner Road - Hillsborough County · Drew Street - Clearwater · Belcher Road Extension - Pinellas County · Keene Road (CR 1) Extension - Pinellas County · City of Tarpon Springs Traffic Circulation Element Cpdate - Tarpon Springs · Gateway to Clearwater Beach/Causeway Boulevard/Roundabout - Clearwater · DeCubellis Road - Pasco County · Gulf Trace Boulevard - Pasco County Traffic Operations Studies/Designs/Sb~nalization Designs · MPO Transportation Plan Amendment Studies - Preparation of numerous studies for roadway plan amendments. · Baywalk1Mid-Core Traffic Analysis/Traffic Signal Design - St. Petersburg · Gulf BoulevardIW. Gulf Boulevard Traffic Sie:nal- Treasure Island · Gulf Boulevard/I 12th Avenue and GulfBoulva~d/117th Avenue Traffic Signals - Treasure Island · Venetian Res idential Development - Sarasota County · Wal-Mart/Sam's Club - Traffic studies for rezoning and FDOT permits for numerous facilities in Pinellas, Hillsborough, Pasco, Manatee, Sarasota, Lee, and Collier Counties · Suncoast Lakes MPUD - Pasco County · Perrine Ranch Road Analysis - Pasco County · Clearwater Community Sports Complex - Clearwater · Thurston Groves 102nd Avenue and Ridge Road Improvements - Seminole · RiverWalk at ~Ianatee River Plantation - Manatee County · Valrico Road/vVheeler Road Traffic Signal - Hills borough County · Morton Plant Hospital Master Plan - Clearwater Campus · Palm Harbor University High School - Pinellas County · Key Vista - Pasco County . Madison AvenuelGould Street Improvements - Clearwater Bryan Dairy RoadlEckerd Corporation Traffic Signal - Pinellas County Bryan Dairy RoadILongwood Drive Traffic Signal - Pinellas County Clearwater Mall Transportation Analysis - Clearwater Trinity Town Center - Pasco County Rooms to Go Distribution Center Expansion Traffic Analysis - Lakeland Broadway A venue/Williams Road Intersection Improvements - Hillsborough County SR 580/Summerdale Drive Signalization Plans - Pinellas County The Lakes at Lucerne Park - Winter Haven The Lakes at Laurel Highlands - Lakeland Miller Road / Lumsden Road Signalization Plans - Hillsborough County . . . . . . . . . . Access Permits · Numerous access permits for commercial and residential projects throughout Florida. Parking Studies . Frenchy's Rockaway Grill- Clearwater Beach Post Corner Pizza - Clearwater Beach Outback Steakhouse - Clearwater Beach Roma Square Shopping Center - Clearwater Mandalay Grill- Clearwater Beach Morton Plant Hospital - Clearwater . . . . . Travel Time Studies . St. Anthony's Carillon Outpatient Center - Pinellas County Community Hospital of New Port Richey - Pasco County St. Joseph's Hospital- Hillsborough County Lakeland Regional Medical Center - Polk County Bayonet Point Hospital - Pasco County Martin Memorial Medical Center - Martin County/St. Lucie County Morton Plant Hospital - Pinellas County . . . . . . EDUCATION Master of City and Regional Planning, Rutgers University, 1987 Bachelor of Arts, Environmental and Urban Studies, Montclair State College, 1985 Successful completion of 128 hours of training conducted by the Federal Highway Administration and the Florida Department of Transportation on Urban Systems Modeling, Transportation Planning and Site Impact Analysis Graduate course work in Traffic Engineering, University of South Florida PROFESSIONAL REGISTRATION American Institute of Certified Planners #9023. 1991 A"VARDS 1990 Florida Institute of Transportation Engineers Past Presidents A ward for Technical Paper submittal Unsignalized Intersection Analysis on Florida's Divided Arterials lVIElVffiERSHIP IN PROFESSIONAL ORGA.~IZATIONS American Institute of Certified Planners Institute of Transportation Engineers American Planning Association McMullen Booth Office . ~ McMullen Booth Office :--:---1 , ' '~ :~_/_~ I ? . 0 :: '-__ _lJ;I'-'-~: 1__ -_2.! ~, ~, ~ , _ ~ J09~\ .:l.. l-~~---l 1------71-----i i--~~JIIJ~Ml!~i~_~--2 iCtr--'~t:---~I~~-,-~~-~~-C~[:1 ~ \, ! --, ,~-~ ! 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'I 1 I l: , , , I L____-' 3250 I 3269 ///-' I---~_, ---1 C, --' I I j?6iL " '- '- '- "- r-,,/ l__i<, / / / ,/ 1~~~--~-=?362 I _------___, I ~'----: ,__.3]56 I =__-" I i ---~~~===: ~ I ., CI) " ~ I~ ~ ]250'----1__..... ,-'~ I-L_~ I I '-L___I --I I I __J 1--------: 3"9' _" 1 1//' L -.J ,_____i -, ;/,.-...../ // ) / I, / , i .......:;-,,/ //'\." )c" / , ~Cl ( } '; ( / " ",/, /, ", 304J- "../ I ______J r--, I 1__--.. I i I I I __...I I _0 __..J g I 'I !--~J-I I :-_J I ! i 1--- I ! I 'I, ,! ,_ , I I~I_I i 'l:: 11_ -I:; 1 I_~ g ,-r'2"-' ~J i~__~ 3242 Signa! i-I i c----T"', ' ' I " I I I I /\1 A "I : <~ I 3i: o 3i: ~ r- ~ I OJ o o ~ ~ o 3291 3253 3251 ]24(] MEASE DR GEIGER CT Zoning Map Owners: Spinecare Properties, LLC Case: LUZ2005-02002 Site: 3280 & 3290 McMullen Booth Road Proper-v Size (Acres): Land Use Zoning 4_51 From: RS (County) AE (County) & ~DR (City) PIN 21/28/16/00000/220/0100 21/28/16/30462/000/0010 To: RL & INS Uv\DR & [ ,A -ias Page: 190A ~1/09/1999 01:55 .. 17277877817 BOBLAPIN PAGE 01 Sent Via Facsimile: 727-562-4086 Honorable Mayor & City Council Members C/O City Clerk, Cynthia Goudeau City of Clearwater 112 S. Osceola Ave Clearwater, FL 33756 July 17, 2008 RE: OVA 2005-0001 LUZ 2005-02002 ANX 2005-02003 k in s pport eight Home pport of this appli tions Dear Mayor end City Council Members: I am unable to attend tonight's City Council meeting to of the referenced applications. I am the president of the Ashle ' Owner's Association and I previously submitted a letter to yotill project on behalf of the Association when the land use and ZDh were being oonsidered by the City Council on April 17, 2008. Last week, unbeknownst to me, several residents signed a petiti objecting to the Development Agreement terms that went beit> t CD past Tuesday, July 15, 2008. This came as a surprise to me In icula because Carmine Grastataro signed the petition and he had b, part negotiations with Sean Swalin who represented the Developet uity. Grastataro had represented to all of us, induding Mr. Swalin, th t e ha speaking with all of the abutting property owners and repreMrit their concerns and negotiated on their behalf. Mr. Dick Davis was al rese t at these meetings. As a result of additional concessions made b~ ity th tare reflected in the original Development Agreement submitted tel) t ity consideration back in April, I felt comfortable representing 011' b If of t e Association that the AssocJation did not object to the project 8rt! sup rted the project, Mr. Davis and I both spoke at the COB hearing and, berat upon the negotiations between Equity and the residents back in 200, d thi past year and offered our continued support of this project. r ' ~ii ' I wiSh I could be there this evening but I have a conflidtih' . ngag ment. However, I want each of you to know that I told the COB about I I f the fforts Mr. Swalin on behalf of Equi~ has made this past year with my socia on and residents. I told the COB as I am telling you, that I felt that they; bringi 9 f0f'W8rd a good project that is sensitive to our residents and tha ey ha e made many concessions to us this past year in addition to those m8 in 2005. \Ne really could not reasonably ask for more, Mr, Swelln on of E uity even offered and the CDB approved additional height reducti r the ~1/09/1999 01:55 17277877817 BOBLAP1N rAbc. 1cl:L screening parapet wall and ttle elevator/stair tower shafts w~., ap eciate. After tle COB meeting on Tuesday, Mr. Swalin and h~i" ev ain met with the residents who alPpeared objecting to the Develq' t Agr ment and explained the changes t)eing requested and reiterated till r to rk with abutting owners to place additionallandscsping on the no ,side the wall. I believe it is the intent cj)f Equity to be a good neighbor ."ct all t e reasons stated in this letter $nd many additional concessions" e ~ Quity to benefit my neighbors in an attempt to make the project as co ble as reasonably possible with our homes, I continue to support this: 8 d ask this City COl.l1dl to approve the version of the Agreement r ' approval by the COB. I fear if this project is not approved, th, ". may not be as generous with their concessions and offer an ..' " site design. ' , I will note that none of the neighbors present objected !tCl) , zoning chan;e requested. Thank you for your consideration, ' , ~ ~/~I RDbert laPin~ President and Resident of the Ashland Heights Home r's Association 3309 Waterford Drive Clearwater, FL 33761 Copy to: Ms. DeborahL. Martohue, Esq. at Fax No.: 72t: 1-85 I I , i I JUL-~~-L~~~ ~l:4~ ~M (_ tf-U!!I:1:l,:OUf-JM;U1"T CIS! HElCOrCB ;727 6~2 40Se ~.~:L #. 1/ 1 ~& ~I\ ~ \ \" ,1$) t}~\ ct\CJ . ,; Haaorable Mayor Hibbard Honorable Vice Mayor Doran HoDorab1e Cotmcil Member Petenen HonOl1.ble Council Member Gibson Honorabl~ Council MtmbtI' CretBkos City Hall 112 Osceola Aven~ 3rd Floor Clearwater, FL 331~6 RE: City Council Public Hearing Thursday Apn117. 2008 at 6pm Application LUZ2005-02002 ApplicatioD ANZ200s-02003 AppIicaftt SpiDeeere Pmper:t.ic:s. LLC Property Location: 3280 &: 3290 McMullen Booth Road, Clearwater ~ \ To , CoJDept. FItlOn8 II PTloTle' ~ ~ 1 Fill Dear Mayor aDd Council Membea: I .-n the President of the Ashland Heipt Property Owners Association, represr:nti.ng tbe abutting property ownen 10cmcd to the north of the property owned. by the Appliamt wbicb is the dject of1bc alpUoncd applicatioDs. Please accept this 1et1er as evidence of our support and DO objeotion to the captioned applications schaduled Cor hearins befen you on April 17, 2008; as sudlapplic8UoQlS rclaIe to 1hc annexation of a pcrion of the property and ~~ of ccnam land use aDd ZUDJDg categories that will permit the developmart of a 4',000 !quare foot medical clinic 8Ild 2~ puking spaces. This proposed developnent will be in subnIIItial 8CCOfd8nce with the Site Plan approved by FLD2OOS-0 1014 and its oorRspondiDg O:velopment ~ which is the subject of application DV A2005-000 1 and the Applicant bu submitted minor site plan modificatiom BOd modifiClBiioos to the Developma1t Ajreemcnt tbBlarc cum::ndy pmding review by the Phamins Director and Stafftbat Iddras our prior is&ua and ccmcc:ms. . :w/~ RobcrtLapiD. President ' AJh1aod Heights Property Owners Association 4 - - - :: TES : · U Properties, Inc. April 15, 2008 Honorable Mayor Hibbard Honorable Vice Mayor Doran Honorable Council Member Petersen Honorable Council Member Gibson Honorable CouncillvIember Cretekos City Hall 112 Osceola Avenue, 3rd Floor Cle3.rW'ater, FL 33756 RE: City Council Public Hearing Thursday April 17, 2008 at 6pm Application LUZ2005-02002 Application A..'l"Z2005-02003 Applicant Spinecare Properties, LLC Property Location: 3280 & 3290 McMullen Booth Road, Cleanvater Dear Mayor and Council Members: We are the abutting property owners located to the west of the property owned by the Applicant which is the subject of the captioned applications. Please accept this letter as evidence of our support and no objection to the captioned applications scheduled for hearing before you on April 17, 2008; as such applications relate to the annexation of a portion of the property and designation of certain land use and zoning categories that will permit the development of a 45,000 square foot medical clinic and 225 parking spaces. This proposed development will be in substantial accordance with the Site Plan approved by FLD2005-0 1014 and its corresponding Development Agreement which is the subject of application DVA2005-000 I and the Applicant has submitted minor site plan modifications and modifications to the Development Agreement that are currently pending review by the Planning Director and Staff that address our prior issues and concerns. 300 State Street East, Suite 222, Oldsmar, FL 34677 Phone 813-749-8834 0 Fax 813-749-8855 0 \vww.jesproperties.com 4 Sincerely, Dr. Douglas ~a/--~ ;/ / ~/~ (b{!;; ~~~- Dr. E1iza~sGnai' ( /---//;0, 7';:" / 2fi1#~ X!!~~' "'~'\'--\ Cc: # lVfanage~, Bill Horn~( I y City Planning Director, Mike Delk Assistant City Attorney Leslie Do a 1 Sides Deborah Martohue From: Sent: To: Subject: Attachments: Deborah Martohue (dlmart@tampabay.rr.com] Tuesday, July oa, 200a a:55 PM 'rlapin@tampabay.rr.com' Ashland Heights petition objecting to Spinecare project Objection letter & petition from Ashland Heights 070aOa.pdf; Signed letters to Ashland Heights residents 070aOa.pdf Follow Up Flag: Flag Status: Follow up Flagged Dear Mr. Lapin: As a follow up to your discussion earlier today with my client, Sean Swalin, please see attached letter and petition of objection delivered by Mr. Cook today to City Staff regarding the SpinecarejEquity medical facility project as well as the corresponding letters of outreach to each of the petition signers. I hope the letters answer questions and bring clarification to your Association membership. Any assistance you can offer to us to help address the concerns of these individuals prior to the hearing next week will be appreciated. I understand that you intend to attend the COB hearing next Tuesday as well as the City Commission hearing next Thursday. If you would be so kind to confirm that with me. Also, if you have any questions or need information to distribute to your residents, please let me know. Feel free to provide my contact info to your residents who may have questions or want additional information. Best regards, Deborah L. Martohue Martohue Land Use Law Group, P.A. Villages on Grand Central 2429 Central Avenue, Suite 203 St. Petersburg, FL 33713 Telephone: 727.321.5263 Facsimile: 727.321.8584 Mobile: 727.460.8431 Email: dmartohue@martohuelaw.com Website: www.martohuelaw.com ****************************************************************************** THE INFORMATION CONTAINED IN THIS ELECTRONIC COMMUNICATION IS SUBJECT TO THE AlTORNEY-CLlENT, WORK PRODUCT, OR OTHER APPLICABLE PRIVILEGE, IS CONFIDENTIAL, AND IS INTENDED ONLY FOR USE BY THE INDIVIDUAL OR ENTITY NAMED ABOVE. IF THE READER OF THIS MESSAGE IS NOT THE INTENDED RECIPIENT OR THE EMPLOYEE OR AGENT RESPONSIBLE FOR DELIVERING THE MESSAGE TO THE INTENDED RECIPIENT, PLEASE BE ADVISED THAT ANY DISSEMINATION, DISTRIBUTION, COPYING OR USE OFTHIS COMMUNICATION IS STRICTLY PROHIBITED. IF YOU ARE NOT THE INTENDED RECIPIENT, PLEASE NOTIFY THE AUTHOR AT THE ABOVE ADDRESS OR EMAIL ADDRESS AND DESTROY THIS COMMUNICATION IMMEDIATELY, THANK YOU. LAND USE LA\rvr GROUP PA. DEBORAH L. MARTOHUE, ESQUIRE Attorneys & Counselors At Law Vilbge Ceneer on Grand Central 2429 Central i\wnue, Suite 203 St. Petersburg, Florida 33713 ~\VV\-\'. me) rtohue hm'.co m Telephone 72732L.LAt~D Facsimile: 727321.8584 :'v{obile: 727.460.8431 dmarto h u,,@martohuebw.com July 3, 2008 Mr. John B. Cook 3093 Doxberrv Court Clearnater, FL 33761 RE: DVA2005-0001 Applicant: Spinecare Properties LLC/ Eq uity Property Location: 3280 & 3290 McMullen Booth Road, Cleanvater COB Hearing Date: July 15,2008 Dear Mr. Cook: The Planning Department Staff of the Clrv of Cleanvater has provided me a copv of the letter signed by you and delivered today to staff \-vhich included a petition \vith several resident signatures including yours, objecting to the above-referenced application for modification to a Development Agreement, I am the la'Nyer representing the Applicant in rhis maner which lS both Spinecare Properties LLC as the owner of the property and Equitv which is the contract buver for thls property, I cUll contacting each one of the petition signers and abuning property owners to provide each of vou a brief history and summa[\' of the application proposed. My intent is to be sure thar each of you has current and accurate information and mv hope is that such information will a.nswer am' questions vou mav ha.ve and address some or all of vour concerns. I am also available to speak '.'iich \-"ou phone (0 discuss anv questions or issues thac remain. I understand theL( my ellene, Sean Swalin, has or will be ccinta.cting vou personallv (0 schedule a convenient time to meet >,vitl, vou this \vcek to go over vour concerns. As vou mcw Ge a\-qre, this project has quice a bit of histoI) and bega;1 back in 2004. Litigation picKed the prOject on ~,old tor several years and was formally re.actl\'ated for processing last FalL However, prior to the litigation, che Communirv De\-'elopmenr Board or COB had approved a site plan and Development Agreement for a 45,000 square foot medical bllllding \-\'id, a "mcl.ximum building height not to exceed thirty (30) feec to the top of roof deck, wich a five \5) foot paLlpec \\all for screening, and fortv-three (43) feet to the top of the elevator/stair cO\veL" Thus, the heighc of che bulldi:lg is 30 reet with the exception or" the elevator shaft which is rhe equivalent ot a [\\:o--s to I)' home builr Gase Hood as required bv FEMA, more or less. 1 The site plan and agreement approved by the COB in May 2005 also includes 225 parking spaces, a privacy "vall along the north property boundary (Ashland Heights south boundary) and a privacy fence along the property's south boundary line. The restrictions on the location of the parking and traffic circulation on the north part of the property was restricted in 2005 to address compatibillty issues with residents in your Assoclation. In ,1ddition, architectural features such as translucent windows on the north and west fa\,ade of the building to ensure privacy for vour Associations' residents was required and approved. These essential restrictions to address compatibility with Ashland Helght residents remain unchanged in the modification to the Development A5reement that is scheduled to be heard next Tuesday, July 15th by the COB. In fact, the modifications to the Development Agreement that are the subject of the hearing are a direct result of several meetings bcrween mv client and A.shland Height representatives beginning last Summer 200/prior to re-activating the pending appliecuions. BrieHy, a representative ot my client EqUity, Mr. Sean Swalin, requested through the Ashland Height Homeowner's Association, a meeting to discuss resuming the project with any resident \vho wanted to attend. \-!r. Swalin met with residents on :tt least three occasions. Mr. Lapin, President of the .Association, presented issues and concerns on behalf of the Association members. Mr. Carmine Grastataro, former President of the ,Association, presented a laundry list of specific issues and concerns that he stated he compiled from talking with the owners of the lots directly abutting the project to the south. My client engaged a certified arborist who re-surveyed the site and joined me in meeting with City Staff to discuss every viable option available to m8ximize the preserv.ation of quality on-site trees, particularly along the northern property boundary while at the same time accommodating relocation of the pri'..-acy wall at the request of the Association. As a result of those meetings ,md several telephone convers8tions, several changes were made to the Development Agreement and previously approved Site Plan to address the issues raised. These changes were presented to and ultimately agreed to as acceptable bv Mr. Lapin and Mr. Grastataro. In fact, both of these gentlemen were present to support the project at the initial City Commission hearing on April 3, 2008 which was later postponed to April I Th. In addition, the site plan previously approved by the COB in May 2005 was revised to retlect the changes requested on behalf of the Ashland Heights residents and those changes were 8dministratively approved in May 2008 to be consistent with the changes requested bv the Association in the Development Agreement. A. Critical changes made to the Development Agreement at the request of and to benefit Ashland Heights residents are: .., 1. Ashland Heights Ovvners Association added ,15 a third party beneficiary to the Development Agreement which gives the i\.ssociation the right to enforce the Agreement shculd the Agreement be violated. Section 6.14 The SLX foot tall privacv wall located a.long the bounddrv bet'xeen the property md Ashland Heights subdivision will be setbdck from the proPerty line to J,llov; maintenance of the side facing Ashland Heights on-stte. The final location will be set in the field and apprmed bv the abutting lor owners ),,;ith the intent to preserve the maximum nurr.ber of trees rated 3 or higher under the City's rating system. Section 6,1.36 The duration of the original Development Agreement approved bv the COB in 2005 was LO years and the proposed duration is 20 wars. Section 5.3. 3 B, Critical restrictions in the Development Agreemem thel.t were cl.pproved in 2005 and remain unchanged to address Ashland Heights resldems concerns 1[e:n 2 1. Trees 8-10 height will be planted south of the 6 foot privacy \vall on the north property boundary [Q provide privacy, screening and buffering. Section 6.1.3.10. Hours of operation and types of operations are restricted. Sections 6.1.3.11 and 6.1.3.12. ?arking spaces on the north side of the building are for staff only, secured by,) gate and limited to no [nore than 15 spaces. Section 6.1.3.4. All v,;indmvs on the north and west sides of rile building must be translucent (0 provide privacy for Ashbr:d He 19hts residents. Section 6.1.3.5. "'1 3, 4. 1 hope Lnformation has been helpful. If vou have any additional questions or need additional information, please email or call me at the address or numbers located above. In the event the Lnformation I have pro\'ided reduces or eliminates your concerns, we would appreciate if you would contact \1ike Remolds, the City ?lanner assigned w this case w wLthdrav,' vour objection. He GU1 be reached at 727- 562-4836 or [1llk~,re\'n"U<L[]'1'"c.:l'~:i~\'-"i" ,',[",1 Alternative lv, you can email me at clmMt"..)h'.:e(;Dmitrt"l"""d,F\ .Lfn and state that vou no longer object to the application. Please include your full name and address. ~j /i //) J // //] /j ,; I 'j ,/ / Sl11cerelY,/// /;// j/ ///' ..---: ') / Y / li/ < / ~{tf'~tL.zxivi{/ &IJyLA----\.-.-.''--.-- ~eborah L. Martohue, Esq. 3 Visit www.municode.com to view most current version. violations of criminal laws, or other type of public facility. Grade, existing means the natural earth surface, or the earth surface altered for drainage or other engineering purposes determined necessary by the city engineer. Graffiti means one or more letters, symbols, or other markings painted, drawn or otherwise applied to a wall, post, column, or other building or structure, or to a tree, or other exterior surface, publicly or privately owned, not including signs or murals. Gross floor area means the total interior floor area of a building measured at the inside face of the exterior walls, but excluding parking garages, carports, stairwells and elevator shafts. Gross leasable floor area means the total floor area designed for tenant occupancy. Ground level means the lower or finished grade of a parcel of land exclusive of any filling, berming, mounding or excavating solely for the purpose of locating a sign. Ground level on marina docks or floating structures shall be the finish grade of the landward portion of the adjoining parcel. Grubbing means the removal of any type of rooted vegetation from land by digging, raking, dragging or otherwise disturbing the roots of such vegetation and the soil which such roots are located. Halfivay house means a residential use providing transitional housing for persons needing substance abuse treatment, criminal incarceration and similar environments. Hazardous tree means a tree that constitutes a hazard to life or has a significant potential to cause injury to persons or damage to property as the tree is in imminent danger of falling, or is otherwise considered to be or likely to create a hazard. A hazardous tree shall include but not be limited to dead, diseased, broken, split, cracked, leaning and uprooted trees. A hazardous tree shall also include a tree harboring communicable diseases or insects of a type that could infest and cause the decline of adjacent trees. Height, building or structure, means for buildings, the vertical distance from the mean elevation of the existing grade to the highest finished roof surface in the case of a building with a flat roof, or the vertical distance from the existing grade to a point representing the midpoint ofthe peak and eave heights of the main roof structure of the roof of a building having a pitched roof. For other structures, the vertical distance from existing grade to the highest point of the structure above such existing grade. Where minimum floor elevations in flood prone areas have been established by law, the building height may be measured as though the required minimum floor elevations constitute existing grade. In addition, (1) linear radio and television antennas shall be permitted to project ten feet higher than the maximum height otherwise specified for the zoning district within which the antenna is located. Parabolic and other geometrically shaped antenna shall not be permitted this height increase. (2) Flagpoles located on top of buildings shall be permitted to project ten feet higher than the maximum height otherwise specified for the zoning district assigned to the property. (3) Elevator equipment rooms and like mechanical equipment enclosures shall be permitted to project up to 16 feet higher than the maximum height otherwise specified for the zoning district assigned to the property. (4) Parapet walls constructed on buildings with flat roofs shall be permitted to extend not higher than 42 inches over the maximum height specified for the zoning district in which the building is located. (5) Structures permanently affixed to the roof that accommodate rooftop occupancy shall only be permitted if within the maximum September 2006 Supplement 16 - Errata Visit www.municode.com to view most current version. 5. When determining whether more than the allowed 30 percent of a tree's crown has been pruned, the community development coordinator shall use the following information to make a decision: a. The quantity and diameter of vertical stems pruned; b. Typical crown characteristics ofthe affected tree species; c. Aerial photographs or other recent photographs that would indicate the tree's appearance prior to pruning; d. Testimonials from eyewitnesses as to the tree's former appearance; e. Remains of foliage debris on the site. 6. Based on the above information, a written report shall be prepared citing all evidence used to support the claim of violation. The violation shall be treated as an illegal tree removal and process accordingly. G. Protection of tree trunks. It shall be unlawful to use tree spikes or other devices that damage tree trunk tissue of protected trees. (Ord. No. 6417-99, S 8, 8-19-99; Ord. No. 6526-00, S 1,6-15-00; Ord. No. 6928-02, SS 56--60, 5-2-02) DIVISION 13. OUTDOOR LIGHTING Section 3-1301. Purpose. The purpose of this division is to establish minimum standards for the provision and use of outdoor lighting in order to provide for the safe and secure night time use of public and private property while at the same time protecting adjacent land uses from intrusive light conditions. Section 3-1302. Site lighting. All outdoor lighting, other than outdoor recreational facility and street lighting, shall comply with the following requirements: A. Fixture-type. All light fixtures which are visible from the boundaries of the parcel ofland, other than fixtures which are designed and installed to illuminate a wall and are directed away from adjacent properties, shall be cut-off lights where direct illumination is cut-off above 40 degrees below horizontal. GRAPHIC UNAVAILABLE: illumination cut-off angle B. Location. All outdoor light fixtures shall be located so that objects or land which are located beyond the boundaries of the parcel ofland are not illuminated to an extent of producing more September 2006 Supplement 16 - Errata Visit www.municode.com to view most current version. than a diffuse shadow. GRAPHIC UNA V AILABLE: outdoor light fixtures C. Height. 1. Cut-off fixtures. The height of the lamp in a light fixture shall not exceed 35 feet, or one foot in height for each one foot the light fixture is setback from the setback in section 3- l202(B), whichever is less. GRAPHIC UNA V AILABLE: cut-off fixtures 2. Non-cut-off fixtures. The height of the lamp in a non-cut-off fixture shall not exceed 18 feet. GRAPHIC UNA V AILABLE: non-cut-off fixtures 3. Down-lights. The height of a down-light shall not exceed 18 feet or two-thirds of the height of the structure or tree which is being downlighted, whichever is less. 4. Up-lights. The height of the lamp in an up-light light fixture shall not exceed 18 feet or one-half of the height of the structure or tree which is being uplighted, whichever is less. D. Sea turtle nesting areas. To the extent possible, no light within 300 feet shall be visible or extend to areas identified as Sea Turtle Nesting Areas during the nesting season of May 1 to October 31. Those areas were security and public safety require lighting, alternative light management approaches shall be applied. The Florida Marine Research Report Institute Technical Report- "Understanding, Assessing, and Resolving Light-Pollution Problems on Sea Turtle Nesting Beaches" shall be used as a guide to provide the most thorough solution practical. (Ord. No. 6928-02, S 61, 5-2-02) Section 3-1303. Outdoor recreational facility lighting. A. Orientation. All outdoor recreational facility lighting shall be located as close to the recreational facility to be lighted as possible and the light from such fixtures shall be oriented, to the maximum extent possible, away from adjacent residential areas. B. Operation. Outdoor recreational facility lighting installed at a recreational facility, located adjacent to residential areas, shall be operated only when such facilities are in use and a period of one half ( 1/2) hour before such use and one-half hour after such use. C. Location and intensity. Outdoor recreational facility lighting shall be located so that objects or land which are located beyond the boundaries of the parcel proposed for development are not illuminated to the extent of more than a diffuse shadow on the objects or land. DIVISION 14. September 2006 Supplement 16 - Errata Visit www.municode.com to view most current version. located as to be screened from view from the public right-of-way at street level from adjoining properties. 3. Roofs shall be maintained in a clean, mildew-free condition and kept free of trash, loose shingles and debris or any other element, including grass or weeds, which is not a permanent part of the building or a functional element of its mechanical or electrical system. 4. Tile roofs with peeling paint shall be repainted or have the paint removed. 5. Any false roof, mansard or similar roof element or other auxiliary structure on the roof shall be finished and maintained in a condition comparable to and compatible with the exterior side of the building wall to which the roof element abuts. E. Auxiliary and appurtenant structures. 1. Chimneys and elevator shafts, and mechanical and electrical structures shall be maintained in a satisfactory state of repair and their exterior finish must be architecturally consistent with the exterior side of the building wall from which they can be seen. 2. Freestanding walls and fences shall be maintained in accordance with the provisions of section 3- 808 of this development code. 3. Fountains and other amenities shall be maintained in good working order and all structural components shall be maintained in a satisfactory state of repair, free of chipping, pitting, cracking, discoloration, peeling or fading. F. Exterior storage and display/ nonresidential properties. 1. All equipment, materials and merchandise shall be stored and located at all times within an enclosed structure and no exterior storage of merchandise for sale shall be permitted unless expressly authorized pursuant to the provisions of this Development Code. 2. Garbage and trash shall be deposited only in dumpsters or cans or other receptacles specifically manufactured and intended for such purpose, and secured at all times with a tight fitting cover or lid. G. Exterior storage and displayfor residential properties. 1. As provided in Section 3-912 of this Development Code, outdoor storage is prohibited. 2. Equipment, materials or furnishings not designed for use outdoors, such as automobile parts and tires, building materials, and interior furniture, may not be stored outdoors. 3. Construction materials, unless such materials are related to an active building permit related to the property on which the materials are located, shall not be stored outdoors on a residentially zoned property. September 2006 Supplement 16 - Errata Visit www.municode.com to view most current version. 4. Bulk items intended for pick up by the city may not be placed at the curb more than 24 hours prior to the scheduled pick up. H. Yards and landscape areas. 1. All required landscaping materials shall be maintained in accordance with the provisions of Article 3, Division 12. 2. Any portion of a lot not covered by a building or structure or otherwise devoted to parking, a service drive or a walkway shall be landscaped with grass or other appropriate ground cover and shall be maintained in a neat and orderly manner. 3. All landscape materials, including turf, shrubs, and trees, whether required or optional, shall be maintained in a healthy live condition so as to present a neat and attractive appearance and so as to discourage the accumulation of trash or debris and/or infestation by pests. 4. No yard, landscape area or growth of landscape material shall encroach upon the public right-of- way so as to hinder safe and convenient vehicular or pedestrian movement in the public right-of- way. 5. No yard shall be used for dumping or accumulation of any garbage, rubbish, dead animals, trash, waste vegetable or animal matter of any kind or construction debris. I. Signs. All signs shall be maintained in good condition in the form in which the signs were originally approved, free of mildew, rust, loose material, including peeling or fading paint or materials. Any loose, broken, peeling or faded parts of the sign shall be promptly repaired, painted or replaced. J. Vacant parcels. 1. Vacant parcels of land shall be properly maintained consistent with section 3-1502 H and be free of weeds, litter, rubble or debris. 2. Erosion and siltation mitigation measures may be required if it is determined that runoff from a vacant parcel causes harm to adjacent property, city drainage systems or navigable waters which receive the runoff. 3. No temporary or permanent storage of materials or equipment shall be allowed on any vacant parcel except in compliance with the regulations for the use of such property as set forth under Article 2 and Article 3 Division 9 of this Development Code. K. Public rights-oj:way and sidewalks and parking surfaces. 1. Public rights-of-way and sidewalks adjoining an improved parcel of land which, because of its location and character, is used as if it were appurtenant to or an extension of the parcel ofland, shall be maintained in a safe and clean condition by the owner of the parcel ofland. The owner September 2006 Supplement 16 - Errata Meeting Date:7 /17 /2008 City Council Agenda Council Chambers - City Hall SUBJECT 1 RECOMMENDATION: Approve a Zoning Atlas Amendment from the Business (B) District to the Commercial (C) District for property located at 1241, 1261 and 1281 Gulf Boulevard (consisting of Lot 1, Subdivision of Radisson Bayside Hotel, in Section 20, Township 29 South, Range 16 East) and Pass Ordinance 7975-08 on first reading. (REZ2008-04002) SUMMARY: This Zoning Atlas Amendment application involves one property, approximately 2.94 acres in area, located on the southeast side of Gulf Boulevard approximately 2900 feet south of the Clearwater Pass Bridge. This property, which is known as the Shoppes on Sand Key, has a Future Land Use Plan classification of Resort Facilities High (RFH) and has been governed by a lawsuit settlement stipulation since October 17, 1986. The provisions of the stipulation expired on October 17, 2006, therefore, the property is currently without any zoning. At the March 20, 2008 meeting, the City Council denied a rezoning request for this property to the Tourist (T) District. At that meeting, Council directed the Planning Department to initiate a rezoning for the property to the Commercial (C) District. The Planning Department determined that the proposed rezoning application is consistent with the following standards specified in the Community Development Code: The proposed rezoning application is consistent with the Comprehensive Plan. Existing and available uses to which the property can be put are appropriate; The proposed rezoning does not conflict with the needs and character of the neighborhood; The proposed rezoning does not adversely or unreasonably affect the use of other properties in the area; Sufficient public facilities are available to serve the property; and The zoning district boundaries are appropriately drawn. Please refer to the rezoning staff report (REZ2008-04002) for the complete analysis. The Community Development Board will review this application at its meeting on July 15,2008. The Planning Department will report the recommendation of the Board at the Council's July 17, 2008 public hearing. Review Approval: 1) Clerk Cover Memo Item # 9 Attachment number 1 Page 1 of 9 CDB Meeting Date: Case Number: Addresses: Agenda Item: June 17,2008 REZ2008-04002 1241, 1261 and 1281 Gulf Boulevard E-1 CITY OF CLEARWATER PLANNING DEPARTMENT STAFF REPORT BACKGROUND INFORMATION OWNER: D. A. Bennett Company APPLICANT: City of Clearwater REPRESENTA TIVE: Michael Delk, Community Development Coordinator LOCATION: Approximately 2.94 acres located on the southeast side of Gulf Boulevard approximately 2900 feet south of Clearwater Pass Bridge REQUEST: Rezoning from the Business (B) District to the Commercial (C) District. SITE INFORMATION PROPERTY SIZE: 127,920 sq ft or 2.94 acres mol DIMENSIONS OF THE PROPERTY: 656 feet wide by 195 feet deep mol PROPERTY USES: Current Uses: Proposed Uses: Restaurant, Retail Sales and Services and Offices Restaurant, Retail Sales and Services and Offices PLAN CATEGORY: Current Category: Proposed Category: Resort Facilities High (RFH) Resort Facilities High (RFH) ZONING DISTRICT: Current District: Proposed District: Business (B) Commercial (C) Community Development Board - June 17, 2008 REZ2008-04002 - Page 1 of9 Item # 9 Attachment number 1 Page 2 of 9 EXISTING SURROUNDING USES: North: Overnight Accommodations South: Attached dwellings East: Intracoastal waterway West: Attached dwellings ANALYSIS: This rezoning application involves one 2.94-acre property owned by the D. A. Bennett Company. The subj ect property is located on the southeast side of Gulf Boulevard approximately 2,900 feet south of Clearwater Pass Bridge. The property has a Future Land Use Plan (FLUP) category of Resort Facilities High (RFH) and has been governed by a Settlement Stipulation. The City of Clearwater is requesting to rezone the property from the Business (B) District to the Commercial (C) District. The City dissolved the B District in 1972. Subsequently, a lawsuit was filed against the City of Clearwater by United States Steel Corporation, Cheezem Investment Program I and Cheezem Land Corporation (originally styled United States Steel Corporation, Plaintiff vs. City of Clearwater, a municipal corporation, Defendant (case no. 78-4765-7)) in the Circuit Court for Pinellas County. The resulting Settlement Stipulation restored the dissolved B District for the subj ect properties and three other locations on Sand Key for a period of twenty years. The Settlement Stipulation governed the intensities and densities on the subject property. The subj ect property is a portion of "Parcel III," as listed in the Settlement Stipulation. Section 12 of the Settlement Stipulation states: "Plaintiffs shall be entitled to develop up to 85,000 square feet of non-residential floor area on Parcel III. In addition, Plaintiffs shall be entitled to develop up to one hundred ten (110) residential dwelling units on Parcel III, or up to two hundred twenty (220) hotel units on Parcel III, or any combination thereof, with a conversion ratio of one (1) residential dwelling unit or two (2) hotel units. No structure on Parcel III shall be in excess of one hundred (100) feet above the established flood plain level. . ." The subject property is currently developed with approximately 36,000 square feet of non- residential floor area. The development is comprised of three, one-story commercial buildings. The two southerly buildings (Shoppes on Sand Key) have restaurant, retail sales and services, and office uses totaling approximately 29,000 square feet. The third building has a restaurant use (Columbia Restaurant) and is approximately 7,000 square feet. Section 25 of the Settlement Stipulation states: "The development rights agreed to herein shall remain in full force and effect for a period of twenty (20) years, and thereafter the City of Clearwater shall be free to Community Development Board - June 17, 2008 REZ2008-04002 - Page 2 of9 Item # 9 Attachment number 1 Page 3 of 9 regulate the use of the four parcels without limitation as a result of the final judgment entered in this cause in this Settlement Stipulation." The Final Judgment Settlement Stipulation was dated October 17, 1986; therefore it expired on October 17, 2006. As indicated, the City has the right and obligation to provide land development regulations consistent with the Countywide Rules, the City's Comprehensive Plan and the Community Development Code. Under Chapter 163 of Florida State Statutes, the City's land development code shall be consistent with the City's Future Land Use Map and Comprehensive Plan. The B District is not listed in the City's FLUP of the Comprehensive Plan; therefore the B District is inconsistent with any FLUP category. The C District is listed in the Future Land Use Element of the City's Comprehensive Plan as consistent with the RFH Future Land Use Plan category. The property exceeds the minimum required lot area and lot width for the existing uses in the C District. All existing uses of the property are permitted uses in the C District. I. CONSISTENCY WITH CITY'S COMPREHENSIVE PLAN [Section 4-602.F.l] Recommended Findings of Fact Applicable Goals, Objectives and Policies from the Clearwater Comprehensive Plan in support of the proposed rezoning are as indicated below: 3.2.1 Policy - Land Uses on the Comprehensive Land Use Plan Map shall generally be interpreted as indicated in the following table. The intensity standards listed in the table (F AR - floor area ratio; ISR - impervious surface ratio) are the maximum allowed for each plan category, except where otherwise permitted by special area plans or redevelopment plans approved by the City Commission. Consequently, individual zoning districts, as established by the City's Community Development Code, may have more stringent intensity standards than those listed in the table but will not exceed the maximum allowable intensity of the plan category, unless otherwise permitted by approved special area plans or redevelopment plans. The C District is consistent with the City's FLUP category for RFH and is consistent with the City's Comprehensive Plan. The current designation of "Business District" no longer exists, and therefore, cannot be consistent. The proposed zoning atlas amendment is not in conflict with any Clearwater Comprehensive Plan Goals, Objectives or Policies. Recommended Conclusions of Law As stated earlier, the property has a FLUP designation of RFH. The Clearwater Comprehensive Plan and Community Development Code specifies that the proposed C zoning district is Community Development Board - June 17, 2008 REZ2008-04002 - Page 3 of9 Item # 9 Attachment number 1 Page 4 of 9 consistent with the RFH Plan category; therefore the proposed rezoning is consistent with the Clearwater Comprehensive Plan. II. COMPATIBILITY WITH SURROUNDING PROPERTY/CHARACTER OF THE CITY & NEIGHBORHOOD [Sections 4-602.F.2, 4-602.F.3 & 4-602.F.4] Recommended Findings of Fact Gulf Boulevard Corridor Gulf Boulevard is a three-lane roadway. The center lane is a turn lane with periodic landscape islands surrounding pedestrian crossings. The surrounding area, located south of Clearwater Pass Bridge, is characterized by high-rise attached dwelling buildings, overnight accommodation uses and land devoted to City or County parks. The area has a mixture of residential plan categories that allow for 15 (RM) to 30 dwelling units per acre (RR and RFH). Immediately to the north of the subject property is the Clearwater Beach Marriott Suites on Sand Key, an overnight accommodation use, zoned Tourist (T) District with an underlying FLUP category of RFH. The RFH category permits 30 dwelling units per acre, 50 overnight accommodation units per acre or a Floor Area Ratio of 1.0. To the west, the Landmark Towers are attached dwellings with a zoning designation of High Density Residential (HDR) and a FLUP category of Residential High (RR). The RR category allows 30 dwelling units per acre. Also to the west are the Meridian on Sand Key and the Grande Condominiums. Both are attached dwelling uses with a current zoning designation of B and a FLUP category of RFH. (Please note that the City has initiated the rezoning of all B-zoned parcels on Sand Key consistent with the Settlement Stipulation.) North of the Grande is the Sheraton Sand Key Resort. The Sheraton is an overnight accommodations use with a zoning designation of T and a FLUP category of RFH. North of the Sheraton is the Pinellas County- owned Sand Key Park and the City of Clearwater Fire Station #44. These publicly owned parcels have zoning designations of Open Space/Recreation (OS/R) with underlying FLUP categories of Recreation/Open Space (RlOS) and Preservation (P). South of Landmark Towers are Harbour Light Towers on Sand Key and Lighthouse Towers on Sand Key, both attached dwelling uses with a zoning designation ofHDR and a FLUP category ofRR. To the south, the property is adjacent to Bayside Gardens, which is an attached dwelling use, which has a zoning designation of Medium Density Residential (MDR) and a FLUP category of Residential Medium (RM). The RM FLUP allows 15 dwelling units per acre. To the east is the Intracoastal Waterway. Section 2-701 of the Community Development Code, titled "Intent and purpose" states: "The intent and purpose of the Commercial District is to provide the citizens of the City of Clearwater with convenient access to goods and services throughout Community Development Board - June 17, 2008 REZ2008-04002 - Page 4 of9 Item # 9 Attachment number 1 Page 5 of 9 the city without adversely impacting the integrity of residential neighborhoods, diminishing the scenic quality of the city or negatively impacting the safe and efficient movement of people and things within the City of Clearwater." Recommended Conclusions of Law The proposed rezoning is compatible with the surrounding residential, park and tourist uses. The proposed C District will be in character with existing and abutting uses and zoning designations. The C District will allow mixed use, overnight accommodations, restaurants, retail sales and services and offices which are compatible with the surrounding neighborhood. III. SUFFICIENCY OF PUBLIC FACILITIES [4-602.F.5] Recommended Findings of Fact As stated earlier, the subject property is 2.94 acres in area and is presently developed with restaurants, retail sales and services and office uses. The RFH category allows 50 overnight accommodations per acre for a total of 147 units. AT present, no overnight accommodation units occupy the property. Also, the RFH category allows a Floor Area Ratio of 1.0 for a maximum gross floor area of 127,920 square feet of nonresidential floor area. The subject property is currently developed with approximately 36,000 square feet of nonresidential floor area. Please note that by Countywide Rules, a mixed use development "Shall not exceed, in combination, the respective number of units per acre and floor area ratio permitted, when allocated in their respective proportion to the gross land area of the property." This Countywide Rule will not allow a site to be developed to the maximum of each density and intensity allowance. Only a proportionate share, based on land area devoted to each use, of each density and intensity can be developed. Community Development Board - June 17, 2008 REZ2008-04002 - Page 5 of9 Item # 9 Roadwavs Attachment number 1 Page 6 of 9 Specific uses in the current and proposed zoning districts have been analyzed for the number of vehicle trips that could be generated based on the Institute of Transportation Engineer's (ITE) Trip Generation ih Edition. Existing B District - Shopping Centerl (42.94/1,000 sf gfa) As Currently Developed Approximately 36,000 sf N/A 135 N/A 1,546 3.75 Existing B District - Hotel Rooms (8.17 trips/unit) Shopping Center (42.94/1,000 sf gfa) Office Park (1.64 tripsll,OOO sf a)4 Maximum Development Potential o rooms N/A o N/A o 0.59 85,000 sf3 N/A 3,650 3.75 319 184 Proposed C District/Existing RFH FLUP (compared to current B development) Hotel Rooms (8.17 trips/unit) Shopping Center (42.94/1,000 sf gfa) Office Park (1.64 tripsll,OOO sfgfa)4 127,920 sf' 210 -1,336 1.50 I = Institute of Transportation Engineer's Trip Generation 7th Edition Land Use 820 2 = Institute of Transportation Engineer's Trip Generation 7th Edition Land Use 310 3 = Parcel III, as listed in the Settlement Stipulation, was permitted 85,000 square feet of non-residential floor area. 4 = Institute of Transportation Engineer's Trip Generation 7th Edition Land Use 750 5 = Total number of hotel rooms permitted by the underlying RFH FLUP category is 50 units per acre. 6 = Total gross floor area ratio permitted by the underlying RFH FLUP category is 1.0. Maximum Development Potential 147 rooms5 1,201 -345 0.59 87 -48 127,920 sf' 5,493 3,947 3.75 480 345 192 57 The 2007 Transportation Level of Service (LOS) manual from the Pinellas County Metropolitan Planning Organization assigned the Gulf Boulevard segment from the Belleair Causeway to South Gulfview Boulevard a LOS of A. The traffic analysis above compares the uses permitted Community Development Board - June 17, 2008 REZ2008-04002 - Page 6 of9 Item # 9 Attachment number 1 Page 7 of 9 by the Settlement Stipulation, the eXIstmg uses of the subject property, and the maximum development potential allowed by the proposed C District and RFH category. Based on the ITE Trip Generation Manual, a shopping center developed at the absolute maximum intensity in the C District (127,920 square foot shopping center) would result in an increase in the PM Peak trips to Gulf Boulevard. It should be noted that it is highly unlikely that a shopping center of this magnitude would be built, due to locational characteristics, and lack of population density required to support a retail development of such scale. The City's Traffic Operations Division shall require from the developer a traffic impact study if proposed future redevelopment results in increases in expected trip volumes that meets or exceeds 100 vehicle trips per hour in the PM peak hour and/or 1,000 vehicle trips per day. The Engineering Department has concluded that the traffic generation associated with the most intense use (127,920 square foot shopping center) is expected increase the Average Daily Trips by 3,947 trips and the PM Peak Trips by 345. The City's Comprehensive Plan does not permit roadways within the City to operate below an LOS of D at PM peak hour; therefore, during the site approval process the applicant would be required to mitigate the traffic impacts and/or reduce the intensity proposed for the subject property. The City's Engineering Department has concluded that if the property was to be redeveloped as overnight accommodations only, the PM Peak Trips could decrease by 48 trips and the Daily Trips would decrease by 345 trips. Should this redevelopment take place, the LOS for Gulf Boulevard will remain an A. The City's Engineering Department also antIcIpates, based upon the ITE data, that should redevelopment of the property be an office park, the PM Peak Trips could increase by 57, whereas the Daily Trips would decrease by 1,336. In summary, redevelopment of the property to the maximum number of overnight accommodation units would result in fewer total Daily Trips and PM Peak Hour trips than the current uses. Redevelopment of the site to its maximum intensity of shopping center or office square footage would increase the number of PM Peak Trips, while office development would decrease the Daily Trips. Mass Transit The Citywide LOS for mass transit will not be negatively affected by the proposed zoning atlas amendment. The total miles of fixed route service will not change; the subject site is located along an existing transit route and headways are less than or equal to one hour. Pinellas Suncoast Transit Authority's Suncoast Beach Trolley service is available along Gulf Boulevard. Water As no change is proposed to the underlying future land use designation, the proposed rezoning will not degrade the City's current LOS for water. Although redevelopment may result in a greater demand for water, the City has adequate capacity to serve the maximum potential development of the property. Community Development Board - June 17, 2008 REZ2008-04002 - Page 7 of9 Item # 9 Attachment number 1 Page 8 of 9 Wastewater As no change is proposed to the underlying future land use designation, the proposed rezoning will not degrade the City's current LOS for wastewater. Although redevelopment may result in a less or the same generation of wastewater, the City has adequate capacity to handle the maximum potential increase in wastewater from the property. Solid Waste As no change is proposed to the underlying future land use designation, the proposed rezoning will not degrade the City's current LOS for solid waste disposal since there is excess capacity. Recreation and Open Space As currently developed, the Settlement Stipulation governed all Recreation and Open Space impact fees. If any overnight accommodation units and/or dwelling units are added and/or nonresidential floor area is increased, additional impact fees may be required. This fee is addressed through the site plan process and any required payment will be due prior to the issuance of building permits. Recommended Conclusions of Law Based upon the findings of fact, it has been determined that the maximum possible traffic increase generated by development on the property is consistent with the City's Comprehensive Plan. Further, there is minimal to no impact to water, wastewater and solid waste service. The proposed C District will affect neither open space and recreation facilities nor mass transit. IV. LOCATION OF DISTRICT BOUNDARIES [Section 4-602.F.6.] Recommended Findings of Fact The location of the proposed C District boundaries is logical and consolidates this property into the appropriate zoning district. The C zoning district is a compatible district with the adjacent zoning districts. The district boundaries are appropriately drawn in regard to location and classifications of streets, ownership lines, existing improvements and the natural environment. Approval of this zoning atlas amendment does not guarantee the right to develop on the subject property. Transportation concurrency must be met, and the property owner will have to comply with all laws and ordinances in effect at the time development permits are requested. Community Development Board - June 17, 2008 REZ2008-04002 - Page 8 of9 Item # 9 Attachment number 1 Page 9 of 9 SUMMARY AND RECOMMENDATION: An amendment of the zoning atlas from the B District to the C District for the subject property is requested. The property exceeds the minimum lot area and lot width requirements for restaurant, retail sales and services and office uses. Surrounding uses include overnight accommodations to the north, attached dwellings to the west, attached dwellings to the south and the Intracoastal Waterway to the east. The proposed rezoning will be compatible with the existing neighborhood and is compatible with the existing future land use category and reflects the current mix of uses on the property. The proposed C District is consistent with the City Comprehensive Plan, is compatible with the surrounding area, does not conflict with the needs and character of the neighborhood and City, does not require nor affect the provision of public services and the boundaries are appropriately drawn. Based on the above analysis, the Planning Department recommends APPROVAL of the following action on the request: Amend the zoning atlas designation of 1241, 1261 and 1281 Gulf Boulevard from the Business (B) District to the Commercial (C) District. Prepared by Planning Department staff: Michael L. Delk, AICP, Planning Director Attachments: Application Location Map Aerial Photograph Future Land Use Map Zoning Map Existing Surrounding Uses Map Site Photographs S:\Planning DepartmentlC D BIZoning Atlas AmendmentslREZ 20081REZ2008-04002 - 1241, 1261 and 1281 Gu!jBoulevard - City oj ClearwaterlREZ2008-04002 StajfReport.doc Community Development Board - June 17, 2008 REZ2008-04002 - Page 9 of9 Item # 9 Attachment number 2 Page 1 of 1 Aerial Photograph Owner: D. A. Bennett Company Case: R EZ2008-04002 Site: 1241, 1261 and 1281 Gulf Boulevard Property Size(Acres): 2.94 Land Use Zoning PIN: 20/29/15/73427/000/0010 From: RFH B To: RFH C A tlas Page: 303B C:\Program Files\Neevia.Com\Document Converter\temp\PDFConvert.6640.1.Aerial Photograph. doc Item # 9 Attachment number 3 Page 1 of 1 " r-- - ~3~ '" Multi Family" Residential o CD Gulf of Mexico SE Intracoastal Waterway SEE N19-29-15 FOR PARCEL I NFO ----, Reside r-- - ----, 78636 --.J L- Existing Surrounding Uses Map Owner: D. A. Bennett Company Case: R EZ2008-04002 Site: 1241, 1261 and 1281 Gulf Boulevard Property Size(Acres): 2.94 Land Use Zoning PIN: 20/29/15/73427/000/0010 From: RFH B To: RFH C Atlas Page: 303B C:\Program Files\Neevia.Com\Document Converter\temp\PDFConvert.6641.1.Existing Surrounding Uses Map.doc Item # 9 Attachment number 4 Page 1 of 1 " '" " " WA TER SE SEE N19-29-15 WA TER FOR PARCEL I NFO Future Land Use Map Owner: D. A. Bennett Company Case: R EZ2008-04002 Site: 1241, 1261 and 1281 Gulf Boulevard Property Size(Acres): 2.94 Land Use Zoning PIN: 20/29/15/73427/000/0010 From: RFH B To: RFH C Atlas Page: 303B C:\Program Files\Neevia.Com\Document Converter\temp\PDFConvert.6642.1.Future Land Use Map.doc Item # 9 Attachment number 5 Page 1 of 1 r-- - ~3~ o p SE p SEE N19-29-15 FOR PARCEL I NFO ----, Zoning Map Owner: D. A. Bennett Company Case: R EZ2008-04002 Site: 1241, 1261 and 1281 Gulf Boulevard Property Size(Acres): 2.94 Land Use Zoning PIN: 20/29/15/73427/000/0010 From: RFH B To: RFH C Atlas Page: 303B C:\Program Files\Neevia.Com\Document Converter\temp\PDFConvert.6643 .1.Zoning Map.doc Item # 9 View looking southeast at the subject property, 1241, 1261 and 1281 Gulf Boulevard View looking south of subj ect property along Gulf Boulevard View looking west of subject property Attachment number 6 View looking northeast at the subject property, 1241, 1261 and 1281 Gulf Boulevard View looking northwest of the subject property, along Gulf Boulevard View looking north from the subject property REZ2008-04002 City of Clearwater 1241, 1261 and 1281 Gulf Boulevard Item # 9 Attachment number 7 Page 1 of 1 ORDINANCE NO. 7975-08 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY REZONING CERTAIN PROPERTY LOCATED ON THE SOUTHEAST SIDE OF GULF BOULEVARD APPROXIMATELY 2900 FEET SOUTH OF CLEARWATER PASS BRIDGE, CONSISTING OF LOT 1, SUBDIVISION OF RADISSON BAYSIDE HOTEL, WHOSE POST OFFICE ADDRESS IS 1241, 1261 AND 1281 GULF BOULEVARD, FROM BUSINESS (B) TO COMMERCIAL (C); PROVIDING AN EFFECTIVE DATE. WHEREAS, the amendment to the zoning atlas of the City as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's Comprehensive Plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following described property in Clearwater, Florida, is hereby rezoned, and the zoning atlas of the City is amended as follows: Property Zoninq District See attached legal description From: Business (B) (REZ2008-04002) To: Commercial (C) Section 2. The City Engineer is directed to revise the zoning atlas of the City in accordance with the foregoing amendment. Section 3. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Frank V. Hibbard Mayor Approved as to form: Attest: Leslie K. Dougall-Sides Assistant City Attorney Cynthia E. Goudeau City Clerk Item # 9 Ordinance No. 7975-08 JUL-16-2008 18:35 MACFARLANE FERGUSON 727 442 847121 P.12I2 ,C)y ~4J r.'l \.J(JI ^" " \" \ ofal O/\\~. U If MACFARLANE FERGUSON & MCMULLEN ATTORNE:YS ANO COUNSELOAS AT I.AW '!l01 SOUTH Fl.cfll,QA AVENUe .....KE:LANl:l. ..L.ORIOA 33,,03 Celli;)' ello-eeoe P""," 1!l6.1 ....".8&49 ONE: TAMP" CIT'( ':!:NTE:R. SUI1'E: 2000 zOI NORT'" "_NKIoIN ....AEET P.O. !:lOX 153' (ZO" 338011 TAMPA, FL.ORI_ 3S80i! III 13) <:7"...200 .._111.31 Z73-4:11- (125 COURT STREET ".. O. BOX ,_0 IZIP 337;1"1 OLEAR\I\I...T"'.... FLORI1;IA 33756 (727) 441'''IlI. FI\X (7<:71 ....208.&70 IN IIl!:PL.Y RIOF'elll TO, www.t.l1.".legal.com E:M^,~; IntoGmfml.QlII.com Clearwater July 16, 2098 VIA REGULAR U.S. MAIL AND FACSIMILE (727-562-4021) Ms. Pam Akin City Attorney P.O. Box 4748 Clearwater, FL 33758-4748 Re: DA Bennett Company / Shoppes on Sand Key Dear Ms. Akin: I am writing 01\ behalf of my client, DA BeInlett Company, to reiterate my client's objection to the City moving forward with consideration of the City's own application for a zoning atlas amendment for Commercial zoning of my client's property located at 1241, 1261 and 1281 Gulf Boulevard ("the property"). As you know, my client previously flIed an application for a zoning atlas amendment for Tourist zoning and it was denied by the City Council. That denial has been appealed to the Sixth Judicial Circuit and.the appeal is currently pending. We believe that the City's action in moving forward with its own application for a zoning atlas amendment for the property is undertaken to prejudice the appeal. It is hard to understand how the City Council can perform its duties objectively as a quasi-judicial body, when it is currently defending its prior actions in the certiorari proceeding. My client is forced into the incredibly unfair position of asking the City to consider its objection to the proposed zoning, when refusing said request is scene by the City as a way to undennine my client's position. Given the unique circumstances, we request that the City voluntarily remove this item from the July 17, 2008 agenda unless or until the Sixth Judicial Circuit renders its decision. There is no urgency to assign a current zoning classification to this property. The zoning on the property expired in October of 2006, and the City took nO action to assign a zoning classification to the property. The zoning atlas amendment for Tourist zoning was initiated by my client in fall 2007. ' JUL-16-2008 18:35 MACFARLANE FERGUSON 727 442 8470 July 16, 2008 Page 2 In short, my client hereby demands that the City' 5 application for Commercial zoning, scheduled to be heard on July 17, 2008, be removed from consideration unless or until the Sixth Judicial Circuit renders its decision. Alternatively, my client demands that the application be denied. My client has followed all rules, procedures and "hoops" the City has required that it follow. We request that the City respect our rights, and deny and/or continue the matter. Michael C. Foley MCF/sn cc: Client P.03 TOTAL P. 03 ,'f' ,,;' " /~ " , ", ., -, " , '"I ;, .(' , ' " , " Meeting Date:7 /17 /2008 City Council Agenda Council Chambers - City Hall SUBJECT 1 RECOMMENDATION: Continue Public Hearing and 1st Reading of Ordinances for Land Use and Zoning Amendments for 1551 Gulf Blvd. to September 18,2008. (LUZ2008-05002) SUMMARY: Review Approval: 1) Clerk Cover Memo Item # 10 Meeting Date:7 /17 /2008 City Council Agenda Council Chambers - City Hall SUBJECT 1 RECOMMENDATION: Continue Public Hearing and 1st Reading of Ordinance for Rezoning of 1180 and 1200 Gulf Blvd. to September 18,2008. (REZ2008-05003) SUMMARY: Review Approval: 1) Clerk Cover Memo Item # 11 Meeting Date:7 /17 /2008 City Council Agenda Council Chambers - City Hall SUBJECT 1 RECOMMENDATION: Continue Public Hearing and 1st Reading of Ordinance for Rezoning of 1520, 1540, and 1560 Gulf Blvd. to September 18, 2008. (REZ2008-05004 ) SUMMARY: Review Approval: 1) Clerk Cover Memo Item # 12 Meeting Date:7 /17 /2008 City Council Agenda Council Chambers - City Hall SUBJECT 1 RECOMMENDATION: Continue Public Hearing and 1st Reading of Ordinance for Rezoning of 1501 Gulf Blvd. to September 18,2008. (REZ2008- 05005) SUMMARY: Review Approval: 1) Clerk Cover Memo Item # 13 Meeting Date:7 /17 /2008 City Council Agenda Council Chambers - City Hall SUBJECT 1 RECOMMENDATION: Adopt Ordinance 7917-08 on second reading, amending the comprehensive plan of the city, by amending the coastal management element; amending the definition of coastal high hazard area; providing a method for handling parcels where a portion of the parcel is located within the coastal storm area; deleting current policy 22.2.2; prohibiting the location of new hospitals, nursing homes, and assisted living facilities within the coastal storm area and the area inundated by a category 2 hurricane as depicted by the SLOSH model; providing for cooperation with Pinellas county emergency management toward reducing the out-of-county hurricane evacuation clearance time; adopting a level of service standard for out-of-county hurricane evacuation clearance time for a category 35 storm event; renumbering some objectives and policies; providing for severability. SUMMARY: Review Approval: 1) Clerk Cover Memo Item # 14 Attachment number 1 Page 1 of 3 ORDINANCE NO. 7917-08 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, MAKING AMENDMENTS TO THE COMPREHENSIVE PLAN OF THE CITY AS ADOPTED ON MAY 18, 2000 AND AMENDED ON JULY 12, 2001, OCTOBER 7, 2004, OCTOBER 20, 2005, DECEMBER 15, 2005, AND AUGUST 14, 2007, BY AMENDING THE COASTAL MANAGEMENT ELEMENT; AMENDING THE DEFINITION OF COASTAL HIGH HAZARD AREA; PROVIDING A METHOD FOR HANDLING PARCELS WHERE A PORTION OF THE PARCEL IS LOCATED WITHIN THE COASTAL STORM AREA; DELETING CURRENT POLICY 22.2.2; PROHIBITING THE LOCATION OF NEW HOSPITALS, NURSING HOMES, AND ASSISTED LIVING FACILITIES WITHIN THE COASTAL STORM AREA AND THE AREA INUNDATED BY A CATEGORY 2 HURRICANE AS DEPICTED BY THE SLOSH MODEL; PROVIDING FOR COOPERATION WITH PINELLAS COUNTY EMERGENCY MANAGEMENT TOWARD REDUCING THE OUT-OF-COUNTY HURRICANE EVACUATION CLEARANCE TIME; ADOPTING A LEVEL OF SERVICE STANDARD FOR OUT-OF-COUNTY HURRICANE EVACUATION CLEARANCE TIME FOR A CATEGORY 5 STORM EVENT; RENUMBERING SOME OBJECTIVES AND POLICIES; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Local Government Comprehensive Planning and Land Development Regulation Act of Florida empowers and requires the City Council of the City of Clearwater to plan for the future development and growth of the City, and to adopt and periodically amend the Comprehensive Plan, including elements and portions thereof; and WHEREAS, the City of Clearwater adopted a Comprehensive Plan on May 18, 2000 by Ordinance Number 6522-00; and WHEREAS, the City Council approved Ordinance Number 6794-01, which amended the Comprehensive Plan of the City on July 12, 2001; and WHEREAS, the City Council approved Ordinance Number 7295-04, which amended the Comprehensive Plan of the City on October 7,2004; and WHEREAS, the City Council approved Ordinance Number 7388-05, which amended the Comprehensive Plan of the City on October 20, 2005 and December 15, 2005; and WHEREAS, the City Council approved Ordinance Number 7782-07, which amended the Comprehensive Plan of the City on August 14, 2007; and Ordinance No.ltatv#l8l4 Attachment number 1 Page 2 of 3 WHEREAS, certain amendments are statutorily required, and others are advisable in order to harmonize the Comprehensive Plan with state law and good planning practice; and WHEREAS, amendments to the Comprehensive Plan of the City have been prepared in accordance with the applicable requirements of law, after conducting the appropriate planning analysis, and public participation through public hearings, opportunity for written comments, open discussion and the consideration of public and official comments; and WHEREAS, the Community Development Board, serving as the designated Local Planning Agency for the City, has held a public hearing on the proposed amendments and has recommended adoption of the proposed Comprehensive Plan amendments; and WHEREAS, the proposed amendments have been transmitted to the Florida Department of Community Affairs for review and comments, and the objections, recommendations and comments received from the Florida Department of Community Affairs have been considered by the City Council, together with all comments from local regional agencies and other persons, in preparing the final draft of the amendments; and WHEREAS, the City Council finds it necessary, desirable and proper to adopt the amendments to the objectives and policies of the Comprehensive Plan in order to reflect changing conditions; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. Amendments 1 - 5 to the Clearwater Comprehensive Plan attached hereto as Exhibit "A" are hereby adopted. Section 2. Severability. If any section, provision, clause, phrase, or application of this Ordinance shall be declared unconstitutional or invalid for any reason by a court of competent jurisdiction, the remaining provisions shall be deemed severable therefrom and shall remain in full force and effect. Section 3. This ordinance shall become effective when the Department of Community Affairs (DCA) issues a final order determining the adopted amendment to be in compliance, or the Administration Commission issues a final order determining the adopted amendments to be in compliance, in accordance with Section 163.3177, 163.3178,163.3184,163.3187 or 163.3189, F.S., as amended. PASSED ON FIRST READING 2 Ordinance No.ltatv#l8l4 PASSED ON SECOND AND FINAL READING AND ADOPTED Approved as to form: Leslie K. Dougall-Sides Assistant City Attorney Attachment number 1 Page 3 of 3 Frank V. Hibbard Mayor-Councilmember Attest: Cynthia E. Goudeau City Clerk 3 Ordinance No.ltatv#l8l4 Attachment number 2 Page 1 of 3 EXHIBIT A ATTACHMENT TO ORDINANCE 7917-08 AMENDMENT 1 COASTAL MANAGEMENT ELEMENT GOALS, OBJECTIVES AND POLICIES Amendfollowing Objective 22.2 of Goal 22 of the Plan on page E-2 asfollows: * * * * * 22.2 Objective - The coastal high hazard storm area includes areas that have experienced severe damage or are scientifically predicted to experience damage from storm surge, '.'laves and erosion. shall be the area delineated in Map 13-8 of the Coastal Management Element, which encompasses all of the following: (1) the Coastal High Hazard Area (CHHA), which shall be defined by the Sea,Lake and Overland Surszes from Hurricanes (SLOSH) model to be inundated from a category one hurricane, as reflected in the most recent Reszional Evacuation Stud v, Storm Tide Atlas, (2) all land connected to the mainland of Clearwater by bridges or causeways, (3) those isolated areas that are defined by the SLOSH model to be inundated by a category two hurricane or above and that are surrounded by the CHHA or by the CHHA and a body of water, and (4) all land located within the Velocity Zone as designated by the Federal Emergency Management Agency. The City shall direct permanent population concentrations away from known or predicted coastal high hazard areas consistent with the goals, objectives and policies of the Clearwater Comprehensive Plan. * * * * * AMENDMENT 2 COASTAL MANAGEMENT ELEMENT GOALS, OBJECTIVES AND POLICIES Add new following Policy 22.2.1 of Goal 22 of the Plan on page E-2 as follows: * * * * * Policies 22.2.1 If 20% or more of a parcel of land is located within the coastal storm area, then the entire parcel shall be considered within the coastal storm area, with the exception of specific parcels located on the bluffs of Clearwater Harbor that the City has identified in Map 13-8 of the Comprehensive Plan. 1 Exhibit A Ordinance No. 7911Mffi # 14 Attachment number 2 Page 2 of 3 However, if either a parcel of land or a group of parcels that are part of a master development plan is equal to or greater than 5 acres and less than 50% of the parcel or group of parcels is within the coastal storm area, the property owner may elect to provide a survey of the parcel or parcels to determine the exact location of the coastal storm area. * * * * * AMENDMENT 3 COASTAL MANAGEMENT ELEMENT GOALS, OBJECTIVES AND POLICIES Amend Policy 22.2.1 and remove Policy 22.2.2 of Goal 22 of the Plan on page E-2 as follows: * * * * * Policies ~ 22.2.2 Clearwater shall continue hazard mitigation by participation in the National Flood Insurance Program's (NFIP) Community Rating System, Pinellas County's Local Mitigation Strategy, administration of building and rebuilding regulations consistent with City and FEMA F.E.JVL^1. regulations, prohibition of beach sand dune alteration, and restriction of development in flood plains. 22.2.2 The City shall designate the coastal high hazard area as the €'/acuation level "N' zone for a Catel,::;orv 1 hurricane as delineated bv Pinellas County. * * * * * AMENDMENT 4 COASTAL MANAGEMENT ELEMENT GOALS, OBJECTIVES AND POLICIES Add Policy 22.2.5 of Goal 22 on page E-6 as follows: * * * * * Policies 22.2.5 The City shall prohibit the location of new hospitals, nursing homes and assisted living facilities in the Coastal Storm Area and the area inundated by a category 2 hurricane as depicted by the SLOSH model, as reflected in the most recent Reszional Evacuation Study, Storm Tide Atlas. * * * * * 2 Exhibit A Ordinance No. 7911Mffi # 14 Attachment number 2 Page 3 of 3 AMENDMENT 5 COASTAL MANAGEMENT ELEMENT GOALS, OBJECTIVES AND POLICIES Add Policies 24.3.4 and 24.3.5 of Goal 24 on page E-8 as follows: Policies 24.3.4 The City shall cooperate with Pinellas County Emergency Management toward reducing the out-of-county hurricane evacuation clearance time of 55 hours in 2006, as determined in the Tampa Bay Reszion Hurricane Evacuation Study 2006, for a category 5 storm event as measured on the Saffir-Simpson scale. 24.3.5 The adopted level of service standard for out-of-county hurricane evacuation clearance time for a category 5 storm event as measured on the Saffir-Simpson scale shall be 16 hours. * * * * 3 Exhibit A Ordinance No. 7911Mffi # 14 Attachment numb r 3 Page 1 of 1 II ~ ~ <= ,. 2m'" zm~ C",lf-:t> (") Of;;ril=:O ~;!::]J ~~ ~]JCJlz~ ~~~cg~ ch;~~o ~~~~~ m~::tICJl> ~~~~~ ,,~~ ~{ ~ "i 0 -< - > ill i~ " w ~ ~ " w S ~ ~ Meeting Date:7 /17 /2008 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Adopt Ordinance 7920-08 on second reading, amending the future land use plan element of the comprehensive plan of the city, to change the land use designation for certain real property whose post office address is 1500, 1510, 1520, 1530, 1540, 1550, 1560, 1570, 1580, 1590, 1600, 1610, and 1620 McMullen Booth Road, from industrial limited (IL) to commercial general (CG). SUMMARY: Review Approval: 1) Clerk Cover Memo Item # 15 Attachment number 1 Page 1 of 3 ORDI NANCE NO. 7920-08 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE FUTURE LAND USE PLAN ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY, TO CHANGE THE LAND USE DESIGNATION FOR CERTAIN REAL PROPERTY LOCATED AT THE SOUTHWEST CORNER OF THE INTERSECTION OF STATE ROAD 590 AND MCMULLEN BOOTH ROAD, CONSISTING OF LOT 1, SOUTH OAKS FASHION SQUARE, WHOSE POST OFFICE ADDRESS IS 1500, 1510, 1520, 1530, 1540, 1550, 1560, 1570, 1580, 1590, 1600, 1610, AND 1620 MCMULLEN BOOTH ROAD, FROM INDUSTRIAL LIMITED (IL) TO COMMERCIAL GENERAL (CG); PROVIDING AN EFFECTIVE DATE. WHEREAS, the amendment to the future land use plan element of the comprehensive plan of the City as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's comprehensive plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The future land use plan element of the comprehensive plan of the City of Clearwater is amended by designating the land use category for the hereinafter described property as follows: Property Land Use Cateqorv See attached legal description From: Industrial Limited (IL) (LUZ2007 -07005) To: Commercial General (CG) Section 2. The City Council does hereby certify that this ordinance is consistent with the City's comprehensive plan. Section 3. This ordinance shall take effect immediately upon adoption, subject to the approval of the land use designation by the Pinellas County Board of County Commissioners, and subject to a determination by the State of Florida, as appropriate, of compliance with the applicable requirements of the Local Government Comprehensive Planning and Land Development Regulation Act, pursuant to S 163.3189, Florida Statutes. The Community Development Coordinator is authorized to transmit to the Pinellas County Planning Council an application to amend the Countywide Plan in order to achieve consistency with the Future Land Use Plan Element of the City's Comprehensive Plan as amended by this ordinance. Item # 15 Ordinance No. 7920-08 PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Approved as to form: Leslie K. Dougall-Sides Assistant City Attorney Attachment number 1 Page 2 of 3 Frank V. Hibbard Mayor Attest: : Cynthia E. Goudeau City Clerk 2 Item # 15 Ordinance No. 7920-08 Attachment number 1 Page 3 of 3 Lot 1, South Oaks Fashion Square, according to the map or plat thereof as recorded in Plat Book 101, Pages 57 and 58, Public Records of Pinellas County, Florida. Item # 15 3 Ordinance No. 7920-08 Meeting Date:7 /17 /2008 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Adopt Ordinance 7921-08 on second reading, amending the zoning atlas of the city by rezoning certain property whose post office address is 1500, 1510, 1520, 1530, 1540, 1550, 1560, 1570, 1580, 1590, 1600, 1610, and 1620 McMullen Booth Road, from industrial research and technology (IRT) to commercial (C). SUMMARY: Review Approval: 1) Clerk Cover Memo Item # 16 Attachment number 1 Page 1 of 2 ORDINANCE NO. 7921-08 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY REZONING CERTAIN PROPERTY AT THE SOUTHWEST CORNER OF THE INTERSECTION OF STATE ROAD 590 AND MCMULLEN BOOTH ROAD, CONSISTING OF LOT 1, SOUTH OAKS FASHION SQUARE, WHOSE POST OFFICE ADDRESS IS 1500, 1510, 1520, 1530, 1540, 1550, 1560, 1570, 1580, 1590, 1600, 1610, AND 1620 MCMULLEN BOOTH ROAD, FROM INDUSTRIAL RESEARCH AND TECHNOLOGY (IRT) TO COMMERCIAL (C); PROVIDING AN EFFECTIVE DATE. WHEREAS, the amendment to the zoning atlas of the City as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's Comprehensive Plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORI DA: Section 1. The following described property in Clearwater, Florida, is hereby rezoned, and the zoning atlas of the City is amended as follows: Property ZoninQ District See attached legal description (LUZ2007 -07005) From: Industrial, Research and Technology (IRT) To: Commercial (C) Section 2. The City Engineer is directed to revise the zoning atlas of the City in accordance with the foregoing amendment. Section 3. This ordinance shall take effect immediately upon adoption, subject to the approval of the land use designation set forth in Ordinance 7920-08 by the Pinellas County Board of County Commissioners, and subject to a determination by the State of Florida, as appropriate, of compliance with the applicable requirements of the Local Government Comprehensive Planning and Land Development Regulation Act, pursuant to S163.3189, Florida Statutes. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Frank V. Hibbard Mayor Approved as to form: Attest: Leslie K. Dougall-Sides Assistant City Attorney Cynthia E. Goudeau City Clerk Item # 16 Ordinance No. 7921-08 Attachment number 1 Page 2 of 2 Lot 1, South Oaks Fashion Square, according to the map or plat thereof as recorded in Plat Book 101, Pages 57 and 58, Public Records of Pinellas County, Florida. Item # 16 Ordinance No. 7921-08 Meeting Date:7 /17 /2008 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Adopt Ordinance 7922-08 on second reading, amending the future land use plan element of the comprehensive plan of the city, to designate the land use for certain real property whose post office address is 2723 S.R. 580, as residential/office general. SUMMARY: Review Approval: 1) Clerk Cover Memo Item # 17 Attachment number 1 Page 1 of 1 ORDINANCE NO. 7922-08 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE FUTURE LAND USE PLAN ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY, TO DESIGNATE THE LAND USE FOR CERTAIN REAL PROPERTY ON THE SOUTH SIDE OF S.R. 580 APPROXIMATELY 1,300 FEET WEST OF MCMULLEN BOOTH ROAD, CONSISTING OF LOT 5, BLOCK 1, ACKER'S SUBDIVISION, LESS THAT PORTION TAKEN FOR ADDITIONAL RIGHT-OF-WAY, WHOSE POST OFFICE ADDRESS IS 2723 S.R. 580, AS RESIDENTIAUOFFICE GENERAL; PROVIDING AN EFFECTIVE DATE. WHEREAS, the amendment to the future land use plan element of the comprehensive plan of the City as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's comprehensive plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The future land use plan element of the comprehensive plan of the City of Clearwater is amended by designating the land use category for the hereinafter described property, upon annexation into the City of Clearwater, as follows: Property Lot 5, Block 1, Acker's Subdivision, (less that portion taken for additional right-of-way, recorded in O.R. 7967, Page 165) as recorded in Plat Book 30, Page 91, Public Records of Pinellas County, Florida. (LUZ2004-11007) Land Use CateQorv Residential/Office General Section 2. The City Council does hereby certify that this ordinance is consistent with the City's comprehensive plan. Section 3. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Frank V. Hibbard Mayor Approved as to form: Attest: Leslie K. Dougall-Sides Assistant City Attorney Cynthia E. Goudeau City Clerk Item # 17 Ordinance No. 7922-08 Meeting Date:7 /17 /2008 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Adopt Ordinance 7923-08 on second reading, amending the zoning atlas of the city by zoning certain real property whose post office address is 2723 S.R. 580, as office (0). SUMMARY: Review Approval: 1) Clerk Cover Memo Item # 18 Attachment number 1 Page 1 of 1 ORDINANCE NO. 7923-08 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY ZONING CERTAIN REAL PROPERTY LOCATED ON THE SOUTH SIDE OF S.R. 580 APPROXIMATELY 1,300 FEET WEST OF MCMULLEN BOOTH ROAD, CONSISTING OF LOT 5, BLOCK 1, ACKER'S SUBDIVISION, LESS THAT PORTION TAKEN FOR ADDITIONAL RIGHT-OF-WAY, WHOSE POST OFFICE ADDRESS IS 2723 S.R. 580, AS OFFICE (0); PROVIDING AN EFFECTIVE DATE. WHEREAS, the assignment of a zoning district classification as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's comprehensive plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following described property located in Pinellas County, Florida, is hereby zoned as indicated upon annexation into the City of Clearwater, and the zoning atlas of the City is amended, as follows: Property Lot 5, Block 1, Acker's Subdivision, (less that portion taken for additional right-of-way, recorded in O.R. 7967, Page 165) as recorded in Plat Book 30, Page 91, Public Records of Pinellas County, Florida. (LUZ2004-11007) ZoninQ District Office (0) Section 2. The City Engineer is directed to revise the zoning atlas of the City in accordance with the foregoing amendment. Section 3. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Frank V. Hibbard Mayor Approved as to form: Attest: Leslie K. Dougall-Sides Assistant City Attorney Cynthia E. Goudeau City Clerk Item # 18 Ordinance No. 7923-08 Meeting Date:7 /17 /2008 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Adopt Ordinance 7924-08 on second reading, amending the comprehensive plan of the city by amending the future land use element by adding an objective and policies pertaining to tourism; adopting alternative densities and intensities for overnight accommodations in the resort facilities high (RFH) land use map category consistent with the "Rules concerning the administration of the countywide future land use plan"; by adding overnight accommodations as a primary use in the industrial limited (IL) land use map category and establishing base and alternative densities for such use consistent with the "Rules concerning the administration of the countywide future land use plan"; deleting the resort facilities overlay (RFO) future land use as a future land use map category; to modify the allowable impervious surface ratio in the commercial general future land use map category consistent with the maximum allowed by the "Rules concerning the administration of the countywide future land use plan"; and making minor editorial changes; providing for severability. SUMMARY: Review Approval: 1) Clerk Cover Memo Item # 19 Attachment number 1 Page 1 of 2 ORDINANCE NO. 7924-08 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, MAKING AMENDMENTS TO THE COMPREHENSIVE PLAN OF THE CITY AS ADOPTED ON MAY 18, 2000, AND AS SUBSEQUENTLY AMENDED, BY AMENDING THE FUTURE LAND USE ELEMENT BY ADDING AN OBJECTIVE AND POLICIES PERTAINING TO TOURISM; ADOPTING ALTERNATIVE DENSITIES AND INTENSITIES FOR OVERNIGHT ACCOMMODATIONS IN THE RESORT FACILITIES HIGH (RFH) LAND USE MAP CATEGORY CONSISTENT WITH THE "RULES CONCERNING THE ADMINISTRATION OF THE COUNTYWIDE FUTURE LAND USE PLAN"; BY ADDING OVERNIGHT ACCOMMODATIONS AS A PRIMARY USE IN THE INDUSTRIAL LIMITED (IL) LAND USE MAP CATEGORY AND ESTABLISHING BASE AND ALTERNATIVE DENSITIES FOR SUCH USE CONSISTENT WITH THE "RULES CONCERNING THE ADMINISTRATION OF THE COUNTYWIDE FUTURE LAND USE PLAN"; DELETING THE RESORT FACILITIES OVERLAY (RFO) FUTURE LAND USE AS A FUTURE LAND USE MAP CATEGORY; TO MODIFY THE ALLOWABLE IMPERVIOUS SURFACE RATIO IN THE COMMERCIAL GENERAL FUTURE LAND USE MAP CATEGORY CONSISTENT WITH THE MAXIMUM ALLOWED BY THE "RULES CONCERNING THE ADMINISTRATION OF THE COUNTYWIDE FUTURE LAND USE PLAN"; AND MAKING MINOR EDITORIAL CHANGES; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE; WHEREAS the Local Government Comprehensive Planning and Land Development Regulation Act of Florida empowers and requires the City Council of the City of Clearwater to plan for the future development and growth of the City, and to adopt and periodically amend the Comprehensive Plan, including elements and portions thereof; and WHEREAS, the City Council approved Ordinance Numbers 6794-01, 7295-04, 7388-05, and 7782-07 which amended the Comprehensive Plan of the City on July 12, 2001, October 7,2004, October 20,2005, and August 14, 2007, respectively; and WHEREAS, tourism is a major contributor to the economic health of the City overall and the City desires to support the tourism industry; and WHEREAS, increases in overnight accommodation density do not result in permanent population increases; and WHEREAS, the Board of County Commissioners of Pinellas County, Florida, has amended the "Rules Concerning the Administration of the Countywide Future Land Use Plan", via Pinellas County Ordinance No. 07-50, to provide for alternative density and intensity standards for the overnight accommodation use; and Ordinance No.lWl1-#l8l9 Attachment number 1 Page 2 of 2 WHEREAS, amendments to the Comprehensive Plan of the City have been prepared in accordance with the applicable requirements of law, after conducting the appropriate planning analysis, and public participation through public hearings, opportunity for written comments, open discussion and the consideration of public and official comments; and WHEREAS, the Community Development Board, serving as the designated Local Planning Agency for the City, has held a public hearing on the proposed amendments and has recommended adoption of the proposed Comprehensive Plan amendments; and WHEREAS, the proposed amendments have been transmitted to the Florida Department of Community Affairs for review and comments, and the objections, recommendations and comments received from the Florida Department of Community Affairs have been considered by the City Council, together with all comments from local regional agencies and other persons, in preparing the final draft of the amendments; and WHEREAS, the City Council finds it necessary, desirable and proper to adopt the amendments to the objectives and policies of the Comprehensive Plan in order to reflect changing conditions; now therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. Amendments 1 - 2 to the Clearwater Comprehensive Plan attached hereto as Exhibit "A" are hereby adopted. Section 2. This ordinance shall become effective when the Department of Community Affairs (DCA) issues a final order determining the adopted amendment to be in compliance, or the Administration Commission issues a final order determining the adopted amendments to be in compliance, in accordance with Section 163.3184, 163.3187, or 163.3189, F.S., as amended. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Frank Hibbard Mayor-Councilmember Approved as to form: Attest: Leslie Dougall-Sides Assistant City Attorney Cynthia E. Goudeau City Clerk 2 Ordinance No. 7924-08 Item # 19 Attachment number 2 Page 1 of 5 EXHIBIT A ATTACHMENT TO ORDINANCE 7924-08 AMENDMENT 1 - FUTURE LAND USE ELEMENT GOALS, OBJECTIVES AND POLICIES Add Objective 2.6 and Policies 2.6.1 through 2.6.3 of Goal 2 of the Plan starting from page A- 7 asfollows: * * * * * 2.6 Objective - Tourism is a substantial element of the City's economic base and as such the City shall continue to support the maintenance and enhancement of this important economic sector. Policies 2.6.1 The City supports and encourages the continued development and redevelopment of overnight accommodation uses. 2.6.2 The City supports the adoption of higher density/intensity standards for overnight accommodation uses such that a sufficient supply shall be available within the City provided that concurrency standards are met. 2.6.3 The City shall continue to work with the Clearwater Beach Chamber of Commerce, Clearwater Regional Chamber of Commerce, and the Tourist Development Council to promote Clearwater as a tourist destination. * * * * * AMENDMENT 2 - FUTURE LAND USE ELEMENT GOALS, OBJECTIVES AND POLICIES Amend Policy 3.2.1 on pages A-9, A-10 and A-11 as follows: * * * * * Ord. 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M ~ u Item # 19 Meeting Date:7 /17 /2008 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Adopt Ordinance 7925-08 on second reading, amending Beach By Design by establishing editorial consistency with regard to the name of the existing 600-unit Density Pool as the "Destination Resort Density Pool"; creating Section V., Subsection B. 1. entitled "Destination Resort Density Pool"; creating Section V., Subsection B.2. entitled "Hotel Density Reserve"; establishing a hotel density reserve and providing criteria for allocating the reserve; amending Section VIIm Subsection A., clarifying density limits of 50 units per acre may only be exceeded through the Destination Resort Density Pool or Hotel Density Reserve; and making minor editorial changes. SUMMARY: Review Approval: 1) Clerk Cover Memo Item # 20 Attachment number 1 Page 1 of 2 ORDI NANCE NO. 7925-08 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA MAKING AMENDMENTS TO BEACH BY DESIGN: A PRELIMINARY DESIGN FOR CLEARWATER BEACH AND DESIGN GUIDELINES; BY ESTABLISHING EDITORIAL CONSISTENCY WITH REGARD TO THE NAME OF THE EXISTING 600-UNIT DENSITY POOL AS THE "DESTINATION RESORT DENSITY POOL"; AMENDING SECTION V. CATALYTIC PROJECTS; SUBSECTION B. COMMUNITY REDEVELOPMENT DISTRICT DESIGNATION, ORGANIZING THE EXISTING TEXT OF THIS SUBSECTION INTO A NEW SUBSECTION B. 1. ENTITLED "DESTINATION RESORT DENSITY POOL"; CREATING A NEW SUBSECTION B. 2. ENTITLED "HOTEL DENSITY RESERVE," ESTABLISHING A HOTEL DENSITY RESERVE AND PROVIDING CRITERIA FOR ALLOCATING THE RESERVE; AMENDING SECTION VII. DESIGN GUIDELINES; SUBSECTION A. DENSITY, CLARIFYING DENSITY LIMITS OF 50 UNITS PER ACRE MAY ONLY BE EXCEEDED THROUGH THE DESTINATION RESORT DENSITY POOL OR HOTEL DENSITY RESERVE; AND MAKING MINOR EDITORIAL CHANGES; PROVIDING THAT SAID PROVISIONS SUPPLEMENT THE CLEARWATER COMMUNITY DEVELOPMENT CODE; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the economic vitality of Clearwater Beach is a major contributor to the economic health of the City overall and the City desires to support the tourism industry; and WHEREAS, increases in overnight accommodation density do not result in permanent populations increases; and WHEREAS, the City of Clearwater desires to achieve economic parity between the overnight accommodation and the attached dwelling uses; and WHEREAS, the City of Clearwater desires to restore those mid-priced overnight accommodation units that were lost to redevelopment on Clearwater Beach; and WHEREAS, there is a maximum number of vehicular trips that can be accommodated on the existing transportation network, and the City of Clearwater desires to remain within the established Level of Service (LOS) standards for that transportation network; and WHEREAS, the proposed amendments to Beach by Design have been submitted to the Community Development Board acting as the Local Planning Authority (LPA) for the City of Clearwater; and Ordinance NoI.tem5~M20 Attachment number 1 Page 2 of 2 WHEREAS, the Local Planning Agency (LPA) for the City of Clearwater held a duly noticed public hearing and found that amendments to Beach by Design are consistent with the Clearwater Comprehensive Plan; and WHEREAS, Beach by Design was originally adopted on February 15, 2001, and subsequently amended, now therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. Amendments 1 - 2 to Beach by Design: A Preliminary Design for Clearwater Beach and Design Guidelines attached hereto as Exhibit "A" are hereby adopted. Section 2. This ordinance shall become effective when the Department of Community Affairs (DCA) issues a final order determining the adopted amendment to be in compliance, or the Administration Commission issues a final order determining the adopted amendments to be in compliance, in accordance with Section 163.3184, 163.3187, or 163.3189, F.S., as amended. Section 3. The City Manager or designee shall forward said plan to any agency required by law or rule to review or approve same; and Section 4. It is the intention of the City Council that this ordinance and plan and every provision thereof, shall be considered severable; and the invalidity of any section or provision of this ordinance shall not affect the validity of any other provision of this ordinance and plan; and Section 5. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Frank Hibbard Mayor-Councilmember Approved as to form: Attest: Leslie K. Dougall-Sides Assistant City Attorney Cynthia E. Goudeau City Clerk 2 Ordinance No. 7925-08 Item # 20 Attachment number 2 Page 1 of 6 EXHIBIT A ATTACHMENT TO ORDINANCE 7925-08 AMENDMENT 1 - BEACH BY DESIGN: A PRELIMINARY DESIGN FOR CLEARWATER BEACH AND DESIGN GUIDELINES, SECTION V. CATALYTIC PROJECTS Amend Subsection B. Community Redevelopment District Designation starting from page 48 as follows: * * * * * DestinMion Resort Density Pool The situation on Clearwater Beach is complicated by a number of additional factors. The existing regulatory regime limits density on the Beach to 40 hotel units per acre. In order to justify the cost of demolishing income producing improvements (no matter how modest), new resort development would require a significant increase in density above 40 hotel units per acre. Depending on the discount rate and the current economic performance of the existing product, the gross cost of acquisition and demolition of existing units ranges from 2 to 4 times the per room cost which a quality resort hotel developer could afford to pay. Finally, much of the obsolescence of Clearwater Beach is attributable to the lack of resort facilities with a full range of on-site amenities. Several of the better hotels on Sand Key and Clearwater Beach operate as "destination resorts," however, even those resorts lack many of the amenities that are available at better hotels in other markets with which Clearwater Beach competes. * * * * * In order to stimulate the desired catalytic resort projects, Beach by Design establishes a limited pool DestinMion Resort Density Pool of 600 additional hotel rooms which would be available for use at one or more sites within designated priority redevelopment areas for a period of ten (10) years. This period would run from the date that the Community Redevelopment District is approved by the County and accepted by the State. In the event that the units were not allocated pursuant to Beach by Design within ten (10) years, the pool of units would cease to exi st. Although Beach by Design creates a pool of additional aestinMion resort hotel rooms which are not currently authorized under the existing planning and regulatory regime, Beach by Design foresees that the additional units will not in fact have any adverse impact on Clearwater Beach, the City of Clearwater, Pinellas County, the Tampa Bay Region or the State of Florida. That is so because the way in which the units would be made available ensures that the nominal externalities of additional barrier island development will be eliminated or mitigated. For example, the reason d'etre of a destination resort is to have guests travel to the resort and spend most of their time (and money) at the resort. This fact is reflected in the Institute of Traffic Engineer's 6th Edition of the Trip Generation Manual which shows that destination resorts generate somewhere between 50% and 12% of the number of trips generated by traditional Ordinance 7925-08, Eltaml '#,,.,2.0 Attachment number 2 Page 2 of 6 motels and hotels. Experience from around the State of Florida - from Sanibel to Miami to Boca Raton to the Florida Keys -- demonstrates that guests at destination resorts generate a fraction of the number of daily trips which are projected by the Institute of Traffic Engineers for the occupants of an ordinary hotel room. Equally important, the availability of on-site amenities means that when guests leave the resort, their trips are highly discretionary and unlikely to occur during peak travel periods. A critical concern under Florida law involves increased residential densities on the State's barrier islands. Although the primary concern relates to hurricane evacuation, environmental issues are also implicated in undeveloped areas. Historically, Florida planning and zoning has treated hotel units as a type of residential dwelling, even though hotels are commercial operations and hotel guests do not generate school children or regularly require social and health services. As a result, an increase in hotel units on a barrier island, as a matter of law, constituted an increase in residential intensities - directly, where hotel units are defined as a residential use, or indirectly, as in the case of the Pinellas County Planning Rules and the City's land development regulations where hotel and residential units are interchangeable subject only a density ratio. For the purposes of the additional hotel units pool DestinMion Resort Density Pool, Beach by Design provides that such units are not interchangeable with residential units and that hotel rooms will be limited to tenancies of 30 days or less. In addition, Beach by Design provides that any hotel room which is allocated from the additional hotel loom pool DestinMion Resort Density Pool will be subject to a legally enforceable deed restriction that the hotel which contains an additional hotel room will be closed as soon as practicable after the National Hurricane Center posts a hurricane watch for an area which includes Clearwater Beach. As a result, no occupants of destination resorts would remain to be evacuated when and if a hurricane warning is posted. Recent experience reveals that most hotel reservations are cancelled when a hurricane watch is posted and that most hotel operators close as soon as possible because of the cost of maintaining staff and operations with only a few stalwart guests. In contrast, residents are likely to wait until the last minute or until they are ordered to evacuate. For Clearwater Beach, resort hotel units are an obvious advantage over residential units, that is, 0 persons required to evacuate from one acre of land improved with a destination resort hotel when a hurricane warning is posted, as opposed to 69 persons from one acre of land developed at current residential densities. * * * * * The allocation of units from the pool DestinMion Resort Density Pool to a particular proj ect would be strictly controlled and would require that the proposed resort be of a character that it will serve as a catalyst for the revitalization of Clearwater Beach. In order to be eligible for additional resort hotel units, a project would have to have the following characteristics: * * * * * The allocation of additional hotel rooms from the pool DestinMion Resort Density Pool would be made by approval by the City Commission. The land areas which are eligible for additional hotel rooms from the additional hotel loom pool DestinMion Resort Density Pool are highlighted on the adj acent aerial photograph. - 2 - Ordinance 7925-08, Eltaml '#,,.,2.0 Attachment number 2 Page 3 of 6 * * * * * 2 Hotel Density Reserve (2007 TTpdMe) Since 2002 f:le::lrwMer Re::lch h::ls suffered ::I loss of numerous mid-size~ mid-priced hotel rooms to whM h::ld heen ::I thriving condominium m::lrket until 2006/07 The loss of these rooms h::ls hecome ::I signific::lnt issue for hoth f:le::lrwMer Re::lch ::Ind the f:itY::ls ::I whole A study prep::lred hy Dr Owen Reitsch in Octoher 2006 ::In::llyzed the m::lrket ::Ind noted the existence of::l greM economic disp::lrity hetween hotels ::Ind condominiums The disp::lrity W::lS so l::lrge during this time thM hotels required roughly five to seven rooms per condominium unit just to compete with potenti::ll condominium development in terms of economic vi::lhility R::Ised upon the existing density for condominiums of 10 units per ::Icre~ hotels would require ::I density of hetween 150 ::Ind 210 rooms per ::Icre to he ::In economic::llly vi::lhle ::IltemMive to condominiums The current regulMory stmcture permits 50 hotel rooms per ::Icre The loss of hotel rooms ::Ind the fOffilMion of ::In economic disp::lrity hetween hotels ::Ind condominiums were not limited to f:le::lrwMer Re::lch ::Ilone The PPf: ::Ilso recognized the issue ::IS h::lving imp::lcts countywide ::Ind proposed ::In ::Imendment to the "Rules f:onceming the AdministrMion of the f:ountywide Futme L::Ind TTse Pl::ln" (f:ountywide Pl::ln Rules) thM would en::lhle municip::llities the opportunity to ::Idopt ::IltemMive density ::Ind intensity st::lnd::lrds for hotels in cert::lin futme l::lnd use cMegories Following extensive discussions ::Ind modificMions the f:ountywide Pl::lnning Authority (f:PA) eventu::llly ::Ipproved the ::IltemMive density propOS::l! on Octoher 16 2007 vi::l Pinell::ls f:ounty Ordin::lnce No 07-50 The ::Illow::lhle densities/intensities~ however~ did not ::Ichieve tme economic p::lrity ::Ind encom::lged resorts ::Ind not the mid-size~ mid-priced hotels thM f:le::lrwMer Re::lch h::ls lost While the DestinMion Resort Density Pool creMed hy Reach hy Design h::ls heen successtlll in incentivizing resorts such ::IS the S::Ind Pe::ld the Aqu::lle::l ::Ind the Kir::ln Gr::lnde~ the f:ity needs to Mtr::lct other types of hotels in order to provide ::I v::lriety of tomist f::lcilities ::Ind rem::lin competitive in the tourist m::lrket Since the Pinell::ls Pl::lnning f:ouncil's f:ountywide Futme L::Ind TTse M::Ip designMes f:le::lrwMer Re::lch ::IS ::I f:ommunity Redevelopment District the f:ity h::ls the option to h::lve density provisions thM ::Ire different thM those set forth in The Rules rnncerning the Administratinn nfthe rnuntywide Future [,and Use Plan The f:ity h::ls opted to pmsue density incre::lses thM would g(lin economic p::lrity in hopes of f::lcilitMing new mid-size~ mid-priced hotels The f:ity hired DKS & AssociMes to conduct ::I tr::lffic ::In::llysis in order to determine whM density could he ::Ichieved on f:le::lrwMer Re::lch while m::lint::lining the est::lhlished Level of Service (T ,oS) for tr::lnsportMion concurrency The study determined thM the densities needed to ::Ichieve tme economic p::lrity would degr::lde the T,OS for the tr::lnsportMion network helow thM ::Illowed hy the f:le::lrwMer f:omprehensive Pl::ln Therefore~ ::Iddition::ll scen::lrios were undert::lken ::Ind it W::lS suhsequently determined thM f:le::lrwMer Re::lch could support ::In ::Iddition::ll 1 ]R5 hotel rooms or ::In ::Icross-the-ho::lrd density of 90 hotel rooms per ::Icre However~ since this density fell short creMing the economic p::lrity desired the f:ity deteffilined thM it could hetter meet its gO::l1 of f::lcilitMing the mid-size~ mid-priced hotel hy c::lpturing this - 3 - Ordinance 7925-08, Eltaml '#,,.,2.0 Attachment number 2 Page 4 of 6 development potenti::ll into ::I reserve ::Ind ::IllocMing those reserved hotel rooms on ::I p::lrcel-hy- p::lrcel h::lsis This ::Ippro::lch would ::Ilso ::Illow the typic::ll 120-room mid-size~ mid-price hotel to he constmcted on sm::lller properties Hotel industry somces h::lve indicMed thM 120 is ::I pr::lctic::ll minimum for the numher of hotel rooms thM would he required in order to creMe ::I successful ::Ind profit::lhle mid-size~ mid- priced hotel For C:le::lrwMer Re::lch thM would me::ln ::In ::Issemhly of roughly 2 4 ::Icres under the current regulMory stmcture Given the urh::ln nMure of C:le::lrwMer Re::lch ::IS well ::IS the extent to which the existing p::lrcels of l::lnd ::Ire configured or "hroken-up"~ the ::Issemhl::lge of::l p::lrcel of l::lnd l::lrge enough to generMe 120 rooms M the current h::lse density or under the CP A ::Ipproved ::IlternMives~ is very unlikely On ::Iver::lge~ hetween three ::Ind five sep::lrMe p::lrcels would need to he ::Icquired to ::Im::lss just one ::Icre of l::lnd ::Ind M le::lst ten p::lrcels would need to he ::Icquired to ::Im::lss three ::Icres of l::lnd ::Ind in most scen::lrios some segment of those ten p::lrcels would he sep::lrMed from the h::ll::lnce hy ::I right-of-w::lY: therehy m::lking the development of::l hotel difficult M hest Tn order to overcome the constr::lints upon hotel development on C:le::lrwMer Re::lch due to the economic disp::lrity with condominium development ::IS well ::IS to f::lcilitMe the restorMion of those lost mid-size~ mid-priced hotels~ Re::lch hy Design est::lhlishes ::I Hotel Density Reserve (Reserve) of 1 ]R5 hotel rooms The ::IllocMion of hotel rooms from the Reserve sh::lll he m::lde through the ::Ipprov::ll of::l development ::Igreement with the C:ity of C:le::lrwMer with s::lid ::IllocMion heing strictly controlled Tn order to he eligihle to dr::lw units from the Hotel Density Reserve~ ::I development would h::lve to incorporMe~ meet ::Ind/or ::Ihide hy e::lch of the following- .:. Those properties ::Ind/or developments thM h::lve ::Icquired density from the DestinMion Resort Density Pool ::Ire not eligihle to h::lve rooms ::IllocMed from the Reserve. ~ .:. Those properties ::Ind/or developments thM h::lve h::ld density tr::lnsferred off to ::Inother property ::Ind/or development(s) through ::In ::Ipproved Tr::lnsfer of Development Rights (TDR) ::IpplicMion hy the C:ity ::Ifter Decemher 11 ~ 2007 ::Ire not eligihle to h::lve rooms ::IllocMed from the Reserve. ~ .:. A m::lximum of 100 hotel rooms m::lY he ::IllocMed from the Reserve to ::Iny development with ::I lot size less th::ln 25 ::Icres Those developments with ::I lot size greMer th::ln or equ::ll to 2 5 ::Icres m::lY use the Reserve to ::Ichieve ::I density of 90 hotel rooms per ::Icre However~ in no inst::lnce sh::lll the density of::l p::lrcel of l::lnd exceed 150 units per ::Icre reg::lrdless of whether it h::ls received henefit oftr::lnsfers of development rights in ::Iddition to the Reserve~ or not: .:. Accessory uses inconsistent with ::Imenities typic::ll of ::I mid-priced hotel sh::lll require compli::lnce with the h::lse FAR requirements of the Resort F::Icilities High (RFH) Futme L::Ind T J se cMegory: .:. No hotel room ::IllocMed from the Reserve m::lY he converted to ::I residenti::lluse (i e Mt::lched dwelling): - 4 - Ordinance 7925-08, Eltaml '#,,.,2.0 Attachment number 2 Page 5 of 6 .:. The m::lXlmUm huilding heights of the v::lrious ch::lr::lcter districts c::lnnot he incre::lsed to ::IccommodMe hotel rooms ::IllocMed from the Reserve. ~ .:. When hoth the ::IllocMion of hotel rooms from the Reserve ::Ind the tr::lnsfer of development rights (TDR) ::Ire utilized ::IS p::lrt of::l development only hotel rooms hrought in to the project through the TDR process ::Ire eligihle to he constmcted ::Ihove the otherwise m::lximum huilding height hut only provided thM ::111 TDR criteri::l ::Ire met: .:. A leg::llly enforce::lhle m::lndMory eV::lcuMion/closme coven::lnt thM the overnight ::IccommodMion use will he closed ::IS soon ::IS pr::lctic::lhle ::Ifter::l hmric::lne wMch thM includes f:le::lrwMer Re::lch is posted hy the NMion::ll Hmric::lne f:enter: .:. Access to overnight ::IccommodMion units must he provided through ::I lohhy ::Ind intern::ll corri d ors . ~ .:. All hotel rooms oht::lined from the Reserve thM ::Ire not constmcted sh::lll he returned to the Reserve. ~ .:. The development sh::lll comply with the Metropolit::ln Pl::lnning Org,mizMion's (MPO) countywide ::Ippro::lch to the ::IpplicMion of concurrency m::ln::lgement for tr::lnsportMion f::lcilities~ ::Ind the tr::lnsportMion ::In::llysis conducted for the development sh::lll include the following- · Recognition of st::lnd::lrd dM::I somces ::IS est::lhlished hy the MPO: · TdentificMion of level of service (LOS) st::lnd::lrds for stMe ::Ind county ro::lds::ls est::lhlished hy the MPO: · TTtilizMion of proportion ::II f::lir-sh::lre requirements consistent with Florid::l StMues ::Ind the MPO model ordin::lnce. ~ · TTtilizMion of the MPO Tr::lffic Tmp::lct Study Methodology: ::Ind · Recognition of the MPO designMion of "f:onstr::lined F::Icilities" ::IS set forth in the most cmrent MPO Annu::ll Level of Service Report .:. A reserv::ltion system sh::lll he required ::IS ::In integr::ll p::lrt of the hotel use ::Ind there sh::lll he ::I lohhy/front desk ::Ire::l thM must he operMed ::IS ::I typic::ll lohhy/front desk ::Ire::l for ::I hotel would he operMed: ::Ind .:. The hooks ::Ind records pert::lining to use of e::lch hotel room sh::lll he open for inspection hy ::Iuthorized representMives of the f:ity~ upon re::lson::lhle notice~ in order to confirm compli::lnce with these regJllMions ::IS ::Illowed hy gener::lll::lw AMENDMENT 2 - BEACH BY DESIGN: A PRELIMINARY DESIGN FOR CLEARWATER BEACH AND DESIGN GUIDELINES, SECTION VII. DESIGN GUIDELINES Amend Subsection A. Density on page 64 as follows: - 5 - Ordinance 7925-08, Eltaml '#,,.,2.0 Attachment number 2 Page 6 of 6 * * * * * Historically the maximum permitted density for overnight accommodation uses has been 40 units per acre. In order to assist in the redevelopment of Clearwater Beach, the maximum permitted density in Beach by Design shall be 50 units per acre. * It also allows this maximum density of 50 units per acre to be exceeded through the ::IllocMion of units from the DestinMion Resort Density Pool~ the ::IllocMion of units from the Hotel Density Reserve~ ::Ind the use ofTDRs from other properties located within the Clearwater Beach Community Redevelopment District in compliance with the following provisions: * * * * * Beach by Design also supports the allocation of additional density for resort development through the density pool DestinMion Resort Density Pool established in Section V.B~ of this plan~ ::IS well ::IS the ::111 ocMi on of ::Iddition::ll density for mid-price hotel s through the Hotel Density Reserve est::lhlished in Section V R 2 of this pl::ln. The maximum permitted floor area ratio for nonresident development is limited to 1.0 pursuant to the Pinellas County Planning Council intensity standards. * * * * * Amend Subsection B. Height on page 65 as follows: * * * * * to * * * * * - 6 - Ordinance 7925-08, Eltaml '#,,.,2.0 Meeting Date:7 /17 /2008 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Adopt Ordinance 7926-08 on second reading, amending the Community Development Code to adopt alternative densities and intensities for over night accommodations, to improve the criteria by which overnight accommodations are permitted, to adopt criteria for indoor recreation/entertainment uses where none previously existed, to further the consistency between the Community Development Code and the Comprehensive Plan, and to make other minor editorial changes. SUMMARY: Review Approval: 1) Clerk Cover Memo Item # 21 Attachment number 1 Page 1 of 13 ORDI NANCE NO. 7926-08 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, MAKING AMENDMENTS TO THE COMMUNITY DEVELOPMENT CODE TO ADOPT ALTERNATIVE DENSITIES AND INTENSITIES FOR OVERNIGHT ACCOMMODATIONS, TO IMPROVE THE CRITERIA BY WHICH OVERNIGHT ACCOMMODATIONS ARE PERMITTED, TO ADOPT CRITERIA FOR INDOOR RECREATION/ENTERTAINMENT USES WHERE NONE PREVIOUSLY EXISTED, TO FURTHER THE CONSISTENCY BETWEEN THE COMMUNITY DEVELOPMENT CODE AND THE COMPREHENSIVE PLAN, AND TO MAKE OTHER MINOR EDITORIAL CHANGES BY AMENDING SECTION 2-701.1, "MAXIMUM DEVELOPMENT POTENTIAL", TO MODIFY THE ACCOMPANYING TABLE; AMENDING SECTION 2-703, "FLEXIBLE STANDARD DEVELOPMENT", SUBSECTION 2-703.G, "INDOOR RECREATION/ENTERTAINMENT", TO MODIFY THE FLEXIBILITY CRITERIA FOR SAME; AMENDING SECTION 2-703, "FLEXIBLE STANDARD DEVELOPMENT", SUBSECTION 2-703.M, "OVERNIGHT ACCOMMODATIONS", TO MODIFY THE FLEXIBILITY CRITERIA FOR SAME; AMENDING SECTION 2-704, "FLEXIBLE DEVELOPMENT", SUBSECTION 2-704.K, "OVERNIGHT ACCOMMODATIONS", TO MODIFY THE FLEXIBILITY CRITERIA FOR SAME; AMENDING SECTION 2-704, "FLEXIBLE DEVELOPMENT", BY ENACTING A NEW SUBSECTION 2-704.D, "INDOOR RECREATION/ENTERTAINMENT", AND ESTABLISHING FLEXIBILITY CRITERIA FOR SAME; AMENDING SECTION 2-801.1, "MAXIMUM DEVELOPMENT POTENTIAL", TO MODIFY THE ACCOMPANYING TABLE; AMENDING SECTION 2-802, "FLEXIBLE STANDARD DEVELOPMENT", SUBSECTION 2-802.J, "OVERNIGHT ACCOMMODATIONS", TO MODIFY THE FLEXIBILITY CRITERIA FOR SAME; AMENDING SECTION 2-803, "FLEXIBLE DEVELOPMENT", SUBSECTION 2-803.1, "OVERNIGHT ACCOMMODATIONS", TO MODIFY THE FLEXIBILITY CRITERIA FOR SAME; AMENDING SECTION 2-1301.1, "MAXIMUM DEVELOPMENT POTENTIAL", TO MODIFY THE ACCOMPANYING TABLE; AMENDING SECTION 2-1304, "FLEXIBLE DEVELOPMENT", "TABLE 2-1304", TO ELIMINATE LANGUAGE IN FOOTNOTE (3) PERTAINING TO THE INDUSTRIAL GENERAL LAND USE PLAN MAP CATEGORY, AND MAKING MINOR EDITORIAL CHANGES; AMENDING SECTION 2-1304, "FLEXIBLE DEVELOPMENT", SUBSECTION 2-1304.E, "OVERNIGHT ACCOMMODATIONS", TO MODIFY THE FLEXIBILITY CRITERIA FOR SAME; AMENDING SECTION 2-1403, "FLEXIBLE STANDARD DEVELOPMENT", "TABLE 2-1403", TO REMOVE THE OVERNIGHT ACCOMMODATIONS USE; AMENDING SECTION 2-1403, "FLEXIBLE STANDARD DEVELOPMENT", TO DELETE SUBSECTION 2-1403.C, "OVERNIGHT ACCOMMODATIONS", IN ITS ENTIRETY; AMENDING SECTION 2-1404, "FLEXIBLE DEVELOPMENT", "TABLE 2-1404", TO MAKE MINOR EDITORIAL CHANGES; AMENDING SECTION 8-102, "DEFINITIONS", BY MODIFYING THE DEFINITION FOR OVERNIGHT ACCOMMODATIONS, AND ADDING A DEFINITION FOR OVERNIGHT ACCOMMODATION UNIT; CERTIFYING CONSISTENCY WITH THE CITY'S COMPREHENSIVE PLAN AND PROPER ADVERTISEMENT; OrdiHama 1#0211926-08 Attachment number 1 Page 2 of 13 PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Clearwater adopted a new Community Development Code on January 21, 1999 which was effective on March 8, 1999, and WHEREAS, it is necessary to amend the Community Development Code for consistency with the Comprehensive Plan, and WHEREAS, the Board of County Commissioners of Pinellas County, Florida, have adopted, by amending the "Rules Concerning the Administration of the Countywide Future Land Use Plan," alternative density and intensity standards for overnight accommodations via Pinellas County Ordinance No. 07-50, and WHEREAS, tourism is a substantial element of the City's economic base and as such the City shall continue to support the maintenance and enhancement of this important economic sector, and WHEREAS, the City of Clearwater has determined where the Community Development Code needs clarification and revision, now therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORI DA: Section 1. That Article 2, "Zoning Districts", Division 7, "Commercial District ("C")", Section 2-701.1, "Maximum development potential", of the Community Development Code, be, and the same is hereby amended to read as follows: Section 2-701.1. Maximum development potential. The Commercial District ("C") may be located in more than one land use category. It is the intent of the C District that development be consistent with the Countywide Future Land Use Plan as required by State law. The development potential of a parcel of land within the C District shall be determined by the standards found in this Development Code as well as the Countywide Future Land Use Designation of the property. Development potential for the Countywide Future Land Use Designations that apply to the C District are as follows: Countywide Future Land Use Maximum Dwelling Units Maximum Floor Area Maximum Overnight Designation per Acre of Land Ratio/Impervious Suiface Ratio Accommodation Units Per Acre Commercial Neighborhood 10 dwelling units per acre FAR AO/ISR .80 N/A Commercial Limited 18 dwelling units per acre FAR A5/ISR .85 30 units per acre Commercial General 24 dwelling units per acre FAR .55/ISR .9~O 40 units per acre Residential/Oflice/Retail 18 dwelling units per acre FAR AO/ISR .85 30 units per acre Resort Facilities High 30 dwelling units per acre FAR 1.0/ISR .95 50 units per acre Section 2. That Article 2, "Zoning Districts", Division 7, "Commercial District ("C")", Section 2-703.G, "Indoor recreation/entertainment", of the Community Development Code, be, and the same is hereby amended to read as follows: G. Indoor recreation/entertainment. - 2 - OrdiHama 1#0211926-08 Attachment number 1 Page 3 of 13 1. Off-street parking: The physical characteristics of a proposed building are such that the likely uses of the property will require fewer parking spaces per floor area than otherwise required or that the use of significant portions of the building will be used for storage or other non-parking demand-generating purposes.,.; and 2. Lot area and/or lot width: The reduction shall not result in a buildinQ which is out of scale with existinQ buildinQs in the immediate vicinity. Section 3. That Article 2, "Zoning Districts", Division 7, "Commercial District ("C")", Section 2-703.M, "Overnight accommodations", of the Community Development, be, and the same is hereby amended to read as follows: M. Overnight accommodations. 1. Lot area and/or width: The reduction shall in lot area and width \II/ill not result in a - - building which is out of scale with existing buildings in the immediate vicinity of the parcel proposed for development; 2. Location: The parcel proposed for development fronts on but will not involve direct access to a major arterial street unless no other means of access would be possible; 3. Height: a. The increased height shall results in an improved site plan throuQh landscape areas in excess of the minimum required dimensions, and landscape materials in excess of the minimum required quantities, landscaping areas in excess of the minimum required and/or improved design and appearance; and b. The increased height will not reduce the vertical component of the view from any adjacent residential property. 4. Signs: No sign of any kind is designed or located so that any portion of the sign is more than six feet above the finished grade of the front lot line of the parcel proposed for development unless such signage is a part of an approved comprehensive sign program. 5. Side and rear setback: a. The reduction in side or rear setback does not prevent access to the rear of any building by emergency vehicles; b. The reduction in side or rear setback results in an improved site plan, more efficient parking or improved design and appearance; c. The reduction in side or rear setback does not reduce the amount of landscaped area otherwise required. a. The reduced setback does not prevent access to the rear of any buildinQ by emerQency vehicles and/or personnel; b. The reduced setback results in an improved site plan throuQh the provision of a more efficient off-street parkinQ area, and/or improved buildinQ desiQn and appearance; and c. The reduced setback will not result in a loss of landscaped area, as those areas beinQ diminished by the setback reduction will be compensated for in other areas throuQh a Comprehensive Landscape Plan; and 6. The parcel proposed for development shall, if located within the Coastal Storm Area, have a hurricane evacuation plan requirinQ the use close when a hurricane watch is posted. - 3 - OrdiHama 1#0211926-08 Attachment number 1 Page 4 of 13 Section 4. That Article 2, "Zoning Districts", Division 7, "Commercial District ("C")", Section 2-704.K, "Overnight accommodations", of the Community Development Code, be, and the same is hereby amended to read as follows: K. Overnight accommodations. 1. Lot area and/or width: The reduction shall in lot area and width \II/ill not result in a - - building which is out of scale with existing buildings in the immediate vicinity Gf..-..tRe parcel proposed for development; 2. Location: The use of the parcel proposed for development 'Nill not involve direct access to a major arterial street The parcel proposed for development fronts on but will not involve direct access to a maior arterial street unless no other means of access would be possible; 3. Height: a. The increased height shall results in an improved site plan throuQh landscape areas in excess of the minimum required dimensions, and landscape materials in excess of the minimum required quantities, landscaping areas in excess of the minimum required and/or improved design and appearance; and b. The increased height will not reduce the vertical component of the view from any adjacent residential property. 4. Signs: No sign of any kind is designed or located so that any portion of the sign is more than six feet above the finished grade of the front lot line of the parcel proposed for development unless such signage is a part of an approved comprehensive sign program; 5. Side and rear setback: a. The reduction in side and rear setback does not prevent access to the rear of any building by emergency vehicles; b. The reduction in side and rear setback results in an improved site plan, more efficient parking or improved design and appearance. a. The reduced setback does not prevent access to the rear of any buildinQ by emerQency vehicles and/or personnel; b. The reduced setback results in an improved site plan throuQh the provision of a more efficient off-street parkinQ area, and/or improved buildinQ desiQn and appearance; and c. The reduced setback will not result in a loss of landscaped area, as those areas beinQ diminished by the setback reduction will be compensated for in other areas throuQh a Comprehensive Landscape Plan. 6. Front setback: The reduction in front setback results in an improved site plan or improved design and appearance. a. The reduced setback shall result in an improved site plan throuQh the provision of a more efficient off-street parkinQ area, and/or improved buildinQ desiQn and appearance; and b. The reduced setback will not result in a loss of landscaped area, as those areas beinQ diminished by the setback reduction will be compensated for in other areas throuQh a Comprehensive Landscape Plan; and 7. The parcel proposed for development shall, if located within the Coastal Storm Area, have a hurricane evacuation plan requirinQ the use close when a hurricane watch is posted. - 4 - OrdiHama 1#0211926-08 Attachment number 1 Page 5 of 13 Section 5. That Article 2, "Zoning Districts", Division 7, "Commercial District ("C")", Section 2-704, "Flexible development", of the Community Development Code, be, and the same is hereby amended to add a new subsection D, "Indoor recreation/entertainment", and re- lettering the subsequent subsections as appropriate: D. Indoor recreation/entertainment. 1. Lot area and/or lot width: The reduction shall not result in a buildinQ that is out of scale with existinQ buildinQs in the immediate vicinity; 2. Heiqht: The increased heiQht shall result in an improved site plan throuQh landscape areas in excess of the minimum required dimensions, and landscape materials in excess of the minimum required quantities; 3. Front setback: The reduced setback shall result in an improved site plan throuQh the provision of a more efficient off-street parkinQ area, and/or improved buildinQ desiQn and appearance; 4. Side and rear setbacks: a. The reduced setback does not prevent access to the rear of any buildinQ by emerQency vehicles and/or personnel; b. The reduced setback results in an improved site plan throuQh the provision of a more efficient off-street parkinQ area, and/or improved buildinQ desiQn and appearance; and 5. Off-street parkinq: The physical characteristics of a proposed buildinQ are such that the likely uses of the property will require fewer parkinQ spaces per floor area than otherwise required or that the use of siQnificant portions of the buildinQ will be used for storaQe or other non-parkinQ demand-QeneratinQ purposes. Section 6. That Article 2, "Zoning Districts", Division 8, "Tourist District ("1")", Section 2-801.1, "Maximum development potential", of the Community Development Code, be, and the same is hereby amended to read as follows: Section 2-801.1. Maximum development potential. The Tourist District ("T") may be located in more than one land use category. It is the intent of the T District that development be consistent with the Countywide Future Land Use Plan as required by state law. The development potential of a parcel of land within the T District shall be determined by the standards found in this Development Code as well as the Countywide Future Land Use Designation of the property. For those parcels within the T District that have an area within the boundaries of and governed by a special area plan approved by the City Commission Council and the Countywide Planning Authority, maximum development potential shall be as set forth for each classification of use and location in the approved plan. Development potential for the Countywide Future Land Use Designations that apply to the T District are as follows: I ~=~~~ I ~H~:: I i:":&~~: . I ::1~E:"m8da"8", Use DCSlgn~tl(Jn per Acre of Land Ratio/Impervzous SwftlCe RatIo [}mts Per ~1cre Resort Facilities High 30 dwelling units per acre F/\R 1.0/ISR .95 50 units per acre Countywide Future Land Maximum Maximum Floor Area Ratio /Imvervious Surface Ratio Maximum Ovemizht Use Desiznation Dwellinz Units Ovemizht I. Ovemizht I Non-Residential Accommodations Units ver Acre of Accommodations Accommodations I Uses Per Acre * - 5 - OrdiHama 1#0211926-08 Attachment number 1 Page 6 of 13 Land Accommodations Accommodations Uses Base Alternative ~ (Alternative) Resort Facilities High 30 dwelling FAR 1.0/ISR .95 FAR2.0/ISR .95 FAR 1.0/ISR .95 50 Less than units per acre one acre: 70 FAR 3.0/ISR .95 Between one acre and three acres: 90 FAR 4.0/ISR .95 Greater than three acres: 110 * Or as set forth in Beach by Desizn: A Preliminary Desizn for Clearwater Beach and Desizn Guidelines, the special area plan zoverninz Clearwater Beach adopted by Ord. No. 6689-01 and as amended. Section 7. That Article 2, "Zoning Districts", Division 8, "Tourist District ("1")", Section 2-802.J, "Overnight accommodations", of the Community Development Code, be, and the same is hereby amended to read as follows: J. Overnight accommodations. 1. Location: The use of the parcel proposed for development will not involve direct access to a major arterial street With the exception of those properties located on Clearwater Beach, the parcel proposed for development shall front on but shall not involve direct access to a maior arterial street unless no other means of access would be possible; 2. Height: The increased height results in an improved site plan and/or improved design and appearance; 3. Signs: No sign of any kind is designed or located so that any portion of the sign is more than six feet above the finished grade of the front lot line of the parcel proposed for development unless such signage is a part of an approved comprehensive sign program; 4. Front setback: a. The reduced setback shall contribute to a more active and dynamic street life; b. The reduced setback shall result in an improved site plan throuQh the provision of a more efficient off-street parkinQ area, and/or improved buildinQ desiQn and appearance; and c. The reduced setback will not result in a loss of landscaped area, as those areas beinQ diminished by the setback reduction will be accommodated for in other areas throuQh a Comprehensive Landscape Plan. 45. Setbacks Side and rear setbacks: a. The reduction in front setback contributes to a more active and dynamic street ~ b. The reduction in front setback results in an improved site plan or improved design and appearance; c. The reduction in side and rear setbacks does not prevent access to the rear of any building by emergency vehicles; d. The reduction in side and rear setbacks results in an improved site plan, more efficient parking or improved design and appearance; e. The reduction in side and rear setbacks does not reduce the amount of landscaped area othel"V'Jise required. a. The reduced setback does not prevent access to the rear of any buildinQ by emerQency vehicles and/or personnel; - 6 - OrdiHama 1#0211926-08 Attachment number 1 Page 7 of 13 b. The reduced setback results in an improved site plan throuQh the provision of a more efficient off-street parkinQ area, and/or improved buildinQ desiQn and appearance; and c. The reduced setback will not result in a loss of landscaped area, as those areas beinQ diminished by the setback reduction will be compensated for in other areas throuQh a Comprehensive Landscape Plan. 56. The design of all buildings shall comply complies with the Tourist District site and architectural design guidelines in Section 3-501, as applicable; Division 5 of Article 3. e7. Lot width: The reduced reduction in lot width shall wiU not result in a building which is out of scale with existing buildings in the immediate vicinity; and of the parcel proposed for development. 8. The parcel proposed for development shall, if located within the Coastal Storm Area, have a hurricane evacuation plan requirinQ the use close when a hurricane watch is posted; and 9. A Development AQreement must be approved by the City Council pursuant to Florida Statutes 163.3221 - 163.3243 and Community Development Code Section 4-606 if the development proposal exceeds the base density and/or base F.A.R. established for the underlyinQ Future Land Use desiQnation. The Development AQreement shall: a. Comply with all applicable requirements of the "Rules ConcerninQ the Administration of the CountyWide Future Land Use Plan" as they pertain to alternative density/intensity, and as amended from time to time; b. Be recorded with the Clerk of the Circuit Court pursuant to Section 163.3239, F.S, with a copy filed with the Property Appraiser's Office, and a copy submitted to the PPC and CPA for receipt and filinQ within fourteen (14) days after recordinQ; and c. Have its development limitations memorialized in a deed restriction, which shall be recorded in the Official Records of Pinellas County prior to the issuance of any buildinQ permit for the overniQht accommodations use. Section 8. That Article 2, "Zoning Districts", Division 8, "Tourist District ("1")", Section 2-803.1, "Overnight accommodations", of the Community Development Code, be, and the same is hereby amended to read as follows: I. Overnight accommodations. 1. Location: The use of the parcel proposed for development 'Nill not involve direct access to an arterial street With the exception of those properties located on Clearwater Beach, the parcel proposed for development shall front on but shall not involve direct access to a maior arterial street unless no other means of access would be possible; 2. Height: The increased height results in an improved site plan and/or improved design and appearance; 3. Signs: No sign of any kind is designed or located so that any portion of the sign is more than six feet above the finished grade of the front lot line of the parcel proposed for development unless such signage is a part of an approved comprehensive sign program; 4. Front setback: a. The reduced setback shall contribute to a more active and dynamic street life; b. The reduced setback shall result in an improved site plan throuQh the provision of a more efficient off-street parkinQ area, and/or improved buildinQ desiQn and appearance; and - 7 - OrdiHama 1#0211926-08 45. 56. e7. 8. 9. Attachment number 1 Page 8 of 13 c. The reduced setback will not result in a loss of landscaped area, as those areas beinQ diminished by the setback reduction will be compensated for in other areas throuQh a Comprehensive Landscape Plan. Setbacks Side and rear setbacks: a. The reduction in front setback contributes to a more active and dynamic street ~ b. The reduction in front setback results in an improved site plan or improved design and appearance; c. The reduction in side and rear setback does not prevent access to the rear of any building by emergency vehicles; d. The reduction in side and rear setback results in an improved site plan, more efficient parking or improved design and appearance; a. The reduced setback does not prevent access to the rear of any buildinQ by emerQency vehicles and/or personnel; b. The reduced setback results in an improved site plan throuQh the provision of a more efficient off-street parkinQ area, and/or improved buildinQ desiQn and appearance; and c. The reduced setback will not result in a loss of landscaped area, as those areas beinQ diminished by the setback reduction will be compensated for in other areas throuQh a Comprehensive Landscape Plan. The design of all buildings shall comply complies with the Tourist District site and architectural design guidelines in Section 3-501, as applicable; Division 5 of Article 3. Lot area and/or width: The reduction shall in lot area and 'A'idth 'A'ill not result in a - - building which is out of scale with existing buildings in the immediate vicinity Gf..-..tRe parcel proposed for development; The parcel proposed for development shall, if located within the Coastal Storm Area, have a hurricane evacuation plan requirinQ the use close when a hurricane watch is posted; and A Development AQreement must be approved by the City Council pursuant to Florida Statutes 163.3221 - 163.3243 and Community Development Code Section 4-606 if the development proposal exceeds the base density and/or base F.A.R. established for the underlyinQ Future Land Use desiQnation. The Development AQreement shall: a. Comply with all applicable requirements of the "Rules ConcerninQ the Administration of the CountyWide Future Land Use Plan" as they pertain to alternative density/intensity, and as amended from time to time; b. Be recorded with the Clerk of the Circuit Court pursuant to Section 163.3239, F.S, with a copy filed with the Property Appraiser's Office, and a copy submitted to the PPC and CPA for receipt and filinQ within fourteen (14) days after recordinQ; and c. Have its development limitations memorialized in a deed restriction, which shall be recorded in the Official Records of Pinellas County prior to the issuance of any buildinQ permit for the overniQht accommodations use. Section 9. That Article 2, "Zoning Districts", Division 13, "Industrial, Research and Technology District ("IRT")", Section 2-1301.1, "Maximum development potential", of the Community Development Code, be, and the same is hereby amended to read as follows: Section 2-1301.1. Maximum development potential. - 8 - OrdiHama 1#0211926-08 Attachment number 1 Page 9 of 13 The Industrial, Research and Technology District ("IRT") may be located in more than one land use category. It is the intent of the IRT District that development be consistent with the Countywide Future Land Use Plan as required by State law. The development potential of a parcel of land within the IRT District shall be determined by the standards found in this Development Code as well as the Countywide Future Land Use Designation of the property. Development potential for the Countywide Future Land Use Designations that apply to the I RT District are as follows: Countywide Maximum Maximum Floor Area Ratio/Impervious Surjace Ratio Maximum Ovemizht Future Land Dwelling Units Ovemizht Ovemizht Non-Residential Accommodation Units per Use Designation per Acre of Accommodations Accommodations Uses Acre Land ~ (Altemative) Hase Altemative Industrial Limited N/A FAR .65/ISR .85 FAR l.5/ISR .85 FAR .65/ISR .85 50 r subject to 75 r subject to master master development development plan plan requirements in requirements in Section Section 2.3.3.6.1 of the 2.3.3.6.1 of the Countywide Countywide Plan Rules 1 Plan Rules 1 Industrial General N/A N/A N/A FAR .75/ISR .95 N/A N/A Section 10. That Article 2, "Zoning District", Division 13, "Industrial, Research and Technology District ("IRT"), Section 2-1304, "Table 2-1304", of the Community Development Code, be and the same is hereby amended to read as follows: Table 2-1304. HIRTH District Flexible Development Standards Min. Lot Min. Lot Min. Setbacks (ft.) Uses Area Width (ft.) Max. Height (ft.) Min. OjJ~Street Parking (sq. jt.) Front * Side SidelRear Adult Uses (l ) 10,000 100 20 12 15 30 5/1,000 SF GFA Determined by the Comprehensive Infill community development Redevelopment nla nla nla nla nla nla director based on the Project specific use and/or ITE Manual standards Nightclubs (2) 10,000 100 20 12 15 30 15/1,000 SF GFA Oflices 10,000 100 20 15 15 30 3/1,000 SF GFA Overnight 40,000 200 20 15 15 50 llUNIT Accommodations (3) Salvage Yards 40,000 200 20 15 15 30 1/200 SF of oflice space Self Storage 20,000 100 20 15 15 30 1 per 20--25 units plus 2 for manager's oflice SociallPublic Service 10,000 100 20 15 15 30 3/1,000 SF GFA Agencies (4) Telecommunication 10,000 50 25a 10 -Wf20 Refer to Section nla Towers 3-2001 * The front setback may be reduced to 15 feet for parking lots provided the land area is not suflicient to accommodate the full setback requirement and the reduction results in an improved site plan or improved design and appearance and landscaping is in excess ofthe minimum required. - 9 - OrdiHama 1#0211926-08 Attachment number 1 Page 10 of 13 (1) Adult uses shall not exceed five acres in area in the Industrial Limited land use plan map category or exceed 25 percent of a project in the Industrial General land use plan map category. (2) Nightclubs shall not exceed five acres in area in the Industrial Limited land use plan map category or exceed 25 percent of a project in the Industrial General land use plan map category. (3) Overnight accommodations shall not exceed five acres in the Industrial Limited land use plan map category or €xc€€d 25 p€rc€I1t of a proj€ct ar€a in th€ Industrial Gen€falland us€ plan map cat€gory. (4) Social/public service agencies shall not exceed five acres. Section 11. That Article 2, "Zoning Districts", Division 13, "Industrial, Research and Technology District ("IRT")", Section 2-1304.E, "Overnight accommodations", of the Community Development Code, be, and the same is hereby amended to read as follows: E. Overnight accommodations. 1. The parcel proposed for development is not contiguous to a parcel of land with a residential desiQnation which is designated as residential in the Zoning Atlas; 2. The parcel proposed for development abuts an arterial street; 3. The use of the parcel proposed for development will not involve direct access to an arterial street. 2. The parcel proposed for development shall front on but shall not involve direct access to a maior arterial street; 3. Siqns: No siQn of any kind is desiQned or located so that any portion of the siQn is more than six feet above the finished Qrade of the front lot line of the parcel proposed for development unless such siQnaQe is a part of an approved comprehensive siQn proQram; 4. The parcel proposed for development shall, if located within the Coastal Storm Area, have a hurricane evacuation plan requirinQ the use close when a hurricane watch is posted; and 5. A Development AQreement must be approved by the City Council pursuant to Florida Statutes 163.3221 - 163.3243 and Community Development Code Section 4-606 if the development proposal exceeds the base density and/or base F.A.R. established for the underlyinQ Future Land Use desiQnation. The Development AQreement shall: a. Comply with all applicable requirements of the "Rules ConcerninQ the Administration of the CountyWide Future Land Use Plan" as they pertain to alternative density/intensity, and as amended from time to time; b. Be recorded with the Clerk of the Circuit Court pursuant to Section 163.3239, F.S, with a copy filed with the Property Appraiser's Office, and a copy submitted to the PPC and CPA for receipt and filinQ within fourteen (14) days after recordinQ; and c. Have its development limitations memorialized in a deed restriction, which shall be recorded in the Official Records of Pinellas County prior to the issuance of any buildinQ permit for the overniQht accommodations use. Section 12. That Article 2, "Zoning Districts", Division 14, "Open Space/Recreation District ("OSR")", Section 2-1403, "Table 2-1403", of the Community Development Code, be, and the same is hereby amended to read as follows: Use Table 2-1403. "OSR" District Flexible Standard Development Standards I I Min. Lot I Min. Lot I Min. Setbacks (ft.) I Max. Hei'Zht I Min. Off~Street - 10 - OrdiHama 1#0211926-08 Attachment number 1 Page 11 of 13 Size (sq. ft.) Width (ft.) (ft.) Parking Front Side Rear Governmental Use N/A N/A N/A N/A N/A N/A N/A ~ 2.5--5 per 10,000 SF land area or as determined by Outdoor 2.5 acres 200 25 20 25 30 the community RecreationlEntertainment development coordinator based on lIE Manual standards OV€I1light /\ccorrnnodations WIA Bfa ~ ;W ~ JQ s€€ Standards Parking Garages and Lots 20,000 100 25 10 20 50 N/A Public Transportation Facilities N/A N/A N/A N/A N/A 10 N/A Restaurants 40,000 200 25 20 25 30 10 per 1,000 SF GFA Retail Sales and Service 40,000 200 25 20 25 30 4 per 1,000 SF GFA Utility /Infrastructure F acili ties N/A N/A 25 10 20 N/A N/A Section 13. That Article 2, "Zoning Districts", Division 14, "Open Space/Recreation District ("OSR")", Section 2-1403, "Flexible standard development", of the Community Development Code, be, and the same is hereby amended to delete subsection C, "Overnight accommodations", and re-Iettering the subsequent subsections as appropriate: c. O'lernight accommodations. 1. The use is accessory to private clubs; 2. No more than one unit per golf course hole or one unit per t'NO marina slips, one per tennis court or four per swimming pool, but in no case more than 18 units on a single parcel proposed for development; 3. The use is limited to use by members of the club or their guests; Section 14. That Article 2, "Zoning Districts", Division 14, "Open Space/Recreation District ("OSR")", Section 2-1404, "Table 2-1404", of the Community Development Code, be, and the same is hereby amended to read as follows: Table 2-1404. "OSR" District Flexible Standard Development Standards Min. Lot Size Min. Lot Max. Height Min. Off-Street Use (sq. ft.) Width (ft.) Min. Setbacks (ft.) (ft.) Parking Front Side Rear Determined by the community Comprehensive lnfill development N/A N/A N/A N/A N/A N/A coordinator Redevelopment Project based on the specific use and/or ITE - 11 - OrdiHama 1#0211926-08 Attachment number 1 Page 12 of 13 Manual standards Section 15. That Article 8, "Definitions and Rules of Construction", Section 8-102, "Definitions", of the Community Development Code, be, and the same is hereby amended to read as follows: ********** Overniqht Accommodation Unit means an individual room, rooms or suite within an overnioht accommodations use desioned to be occupied, occupied, or held out to be occupied as a sinole unit for temporary occupancy. ********** Overnight Accommodations means any use that provides transient lodging accommodations to the public, a membership group, or members of an association, including interval ownership. AIIO\~/able accessory uses shall be integral to the principal use and may include, but shall not be limited to, offices, restaurants and retail provided such uses are integral to the primary use a facility containino one or more overnioht accommodation units, the occupancy of which occurs, or is offered or advertised as beino available, for a term of less than 31 days or one calendar month, whichever is less. In determinino whether a property is used as an overnioht accommodation use, such determination shall be made without reoard to the form of ownership of the property or unit, or whether the occupant has a direct or indirect interest in the property or unit; and without reoard to whether the rioht of occupancy arises from a rental aoreement, other aoreement, or the payment of consideration. ********** Section 16. Amendments to the Community Development Code of the City of Clearwater (as originally adopted by Ordinance No. 6348-99 and subsequently amended) are hereby adopted to read as set forth in this Ordinance. Section 17. The City of Clearwater does hereby certify that the amendments contained herein, as well as the provisions of this Ordinance, are consistent with and in conformance with the City's Comprehensive Plan. Section 18. Should any part or provision of this Ordinance be declared by a court of competent jurisdiction to be invalid, the same shall not affect the validity of the Ordinance as a whole, or any part thereof other than the part declared to be invalid. Section 19. Notice of the proposed enactment of this Ordinance has been properly advertised in a newspaper of general circulation in accordance with applicable law. Section 20. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING - 12 - OrdiHama 1#0211926-08 PASSED ON SECOND AND FINAL READING AND ADOPTED Approved as to form: Leslie Dougall-Sides Assistant City Attorney - 13 - Attachment number 1 Page 13 of 13 Frank V. Hibbard Mayor Attest: Cynthia E. Goudeau City Clerk OrdiHama 1#0211926-08 Meeting Date:7 /17 /2008 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Adopt Ordinance 7942-08 on second reading, annexing certain real property whose post office address is 3290 McMullen Booth Road, into the corporate limits of the city, and redefining the boundary lines of the city to include said addition. SUMMARY: Review Approval: 1) Clerk Cover Memo Item # 22 Attachment number 1 Page 1 of 2 ORDINANCE NO. 7942-08 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTY CONSISTING OF 0.358- ACRES LOCATED ON THE WEST SIDE OF MCMULLEN BOOTH ROAD, APPROXIMATELY 500 FEET NORTH OF MEASE DRIVE, CONSISTING OF METES AND BOUNDS 22/01, A PORTION OF SECTION 21, TOWNSHIP 28 SOUTH, RANGE 16 EAST, WHOSE POST OFFICE ADDRESS IS 3290 MCMULLEN BOOTH ROAD, INTO THE CORPORATE LIMITS OF THE CITY, AND REDEFINING THE BOUNDARY LINES OF THE CITY TO INCLUDE SAID ADDITION; PROVIDING AN EFFECTIVE DATE. WH EREAS, the owner of the real property described herein and depicted on the map attached hereto as Exhibit A has petitioned the City of Clearwater to annex the property into the City pursuant to Section 171.044, Florida Statutes, and the City has complied with all applicable requirements of Florida law in connection with this ordinance; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORI DA: Section 1. The following-described property is hereby annexed into the City of Clearwater and the boundary lines of the City are redefined accordingly: See legal description attached hereto (ANX2005-02003) Section 2. The provisions of this ordinance are found and determined to be consistent with the City of Clearwater Comprehensive Plan. The City Council hereby accepts the dedication of all easements, parks, rights-of-way and other dedications to the public, which have heretofore been made by plat, deed or user within the annexed property. The City Engineer, the City Clerk and the Planning Director are directed to include and show the property described herein upon the official maps and records of the City. Section 3. This ordinance shall take effect immediately upon adoption. The City Clerk shall file certified copies of this ordinance, including the map attached hereto, with the Clerk of the Circuit Court and with the County Administrator of Pinellas County, Florida, within 7 days after adoption, and shall file a certified copy with the Florida Department of State within 30 days after adoption. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Frank V. Hibbard Mayor Approved as to form: Attest: Leslie K. Dougall-Sides Assistant City Attorney Cynthia E. Goudeau City Clerk Item # 22 Ordinance No. 7942-08 Attachment number 1 Page 2 of 2 Legal Description for ANX2005-02003 The East 308.25 feet of the North "V4 of the Northwest "V4 of the Northwest "V4 of Section 21, Township 28 South, Range 16 East, Pinellas County, Florida. Less the South 208.75 feet and less the West 84 feet, and Less the East 100 feet thereof for road right-of-way. Item # 22 Ordinance No. 7942-08 Meeting Date:7 /17 /2008 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Adopt Ordinance No. 7943-08 on second reading, amending the future land use plan element of the comprehensive plan of the city, to designate that land use for certain real property whose post office address is 3290 McMullen Booth Road, upon annexation into the City of Clearwater, as institutional; and change the land use designation for certain real property whose post office address is 3280 McMullen Booth Road, from residential suburban to residential low and institutional. SUMMARY: Review Approval: 1) Clerk Cover Memo Item # 23 Attachment number 1 Page 1 of 3 ORDINANCE NO. 7943-08 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE FUTURE LAND USE PLAN ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY, TO DESIGNATE THE LAND USE FOR CERTAIN REAL PROPERTY LOCATED ON THE WEST SIDE OF MCMULLEN BOOTH ROAD, APPROXIMATELY 500 FEET NORTH OF MEASE DRIVE, CONSISTING OF METES AND BOUNDS 22/01 IN A PORTION OF SECTION 21, TOWNSHIP 28 SOUTH, RANGE 16 EAST, WHOSE POST OFFICE ADDRESS IS 3290 MCMULLEN BOOTH ROAD, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS INSTITUTIONAL; AND CHANGE THE LAND USE DESIGNATION FOR CERTAIN REAL PROPERTY LOCATED ON THE WEST SIDE OF MCMULLEN BOOTH ROAD, APPROXIMATELY 500 FEET NORTH OF MEASE DRIVE, CONSISTING OF LOT 1, GEIGER TRACT, A PORTION OF SECTION 21, TOWNSHIP 28 SOUTH, RANGE 16 EAST; WHOSE POST OFFICE ADDRESS IS 3280 MCMULLEN BOOTH ROAD, FROM RESIDENTIAL SUBURBAN TO RESIDENTIAL LOW AND INSTITUTIONAL; PROVI 01 NG AN EFFECTIVE DATE. WHEREAS, the amendment to the future land use plan element of the comprehensive plan of the City as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's comprehensive plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The future land use plan element of the comprehensive plan of the City of Clearwater is amended by designating the land use category for the hereinafter described property, upon annexation into the City of Clearwater, as follows: Property See legal description "A" attached hereto. (LUZ2005-02002) Land Use CateQorv To: Institutional Section 2. The future land use plan element of the comprehensive plan of the City of Clearwater is amended by designating the land use category for the hereinafter described property as follows: Property See legal description "B" attached hereto. Land Use CateQorv From: Residential Suburban To: Residential Low and Institutional Section 3. The City Council does hereby certify that this ordinance is consistent with the City's comprehensive plan. Ordinance No. 7943-08 Item # 23 Attachment number 1 Page 2 of 3 Section 4. This ordinance shall take effect immediately upon adoption, contingent upon and subject to the adoption of Ordinance No. 7942-08. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Frank V. Hibbard Mayor Approved as to form: Attest: Leslie K. Dougall-Sides Assistant City Attorney Cynthia E. Goudeau City Clerk Ordinance No. 7943-08 Item # 23 Attachment number 1 Page 3 of 3 Legal Description "A" for LUZ2005-02002 The East 308.25 feet of the North "V4 of the Northwest "V4 of the Northwest "V4 of Section 21, Township 28 South, Range 16 East, Pinellas County, Florida. Less the South 208.75 feet and less the West 84 feet, and Less the East 100 feet thereof for road right-of- way. Legal Description "B" for LUZ2005-02002 Lot 1, Geiger Tract, according to the map or plat thereof as recorded in Plat Book 102, Page 18, Public Records of Pinellas County, Florida. Ordinance No. 7943-08 Item # 23 Meeting Date:7 /17 /2008 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Adopt Ordinance No. 7944-08 on second reading, amending the zoning atlas of the city by zoning certain real property whose post office address is 3290 McMullen Booth Road, upon annexation into the City of Clearwater, as institutional (I); and by rezoning certain property located on the west side of McMullen Booth Road, from low density residential (LDR) to low medium density residential (LMDR) and institutional (I). SUMMARY: Review Approval: 1) Clerk Cover Memo Item # 24 Attachment number 1 Page 1 of 3 ORDINANCE NO. 7944-08 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY ZONING CERTAIN REAL PROPERTY LOCATED ON THE WEST SIDE OF MCMULLEN BOOTH ROAD, APPROXIMATELY 500 FEET NORTH OF MEASE DRIVE, CONSISTING OF METES AND BOUNDS 22/01, A PORTION OF SECTION 21, TOWNSHIP 28 SOUTH, RANGE 16 EAST, WHOSE POST OFFICE ADDRESS IS 3290 MCMULLEN BOOTH ROAD, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS INSTITUTIONAL (I); AND BY REZONING CERTAIN PROPERTY LOCATED ON THE WEST SIDE OF MCMULLEN BOOTH ROAD APPROXIMATELY 500 FEET NORTH OF MEASE DRIVE, CONSISTING OF LOT 1, GEIGER TRACT, A PORTION OF SECTION 21, TOWNSHIP 28 SOUTH, RANGE 16 EAST, WHOSE POST OFFICE ADDRESS IS 3280 MCMULLEN BOOTH ROAD, FROM LOW DENSITY RESIDENTIAL (LOR) TO LOW MEDIUM DENSITY RESIDENTIAL (LMDR) AND INSTITUTIONAL(I); PROVIDING AN EFFECTIVE DATE. WHEREAS, the assignment of a zoning district classification as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's comprehensive plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following described property located in Pinellas County, Florida, is hereby zoned as indicated upon annexation into the City of Clearwater, and the zoning atlas of the City is amended, as follows: Property See legal description "A" attached hereto. (LUZ2005-02002) ZoninQ District I nstitutional (I) Section 2. The following described property in Clearwater, Florida, is hereby rezoned, and the zoning atlas of the City is amended as follows: Property See legal description "B" attached hereto. (LUZ2005-02002) ZoninQ District From: Low Density Residential (LOR) To: Low Medium Density Residential (LMDR) and I nstitutional (I) Section 3. The City Engineer is directed to revise the zoning atlas of the City in accordance with the foregoing amendment. Section 4. This ordinance shall take effect immediately upon adoption, contingent upon and subject to the adoption of Ordinance No. 7942-08. Ordinance No.l~#laz4 PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Approved as to form: Leslie K. Dougall-Sides Assistant City Attorney Attachment number 1 Page 2 of 3 Frank V. Hibbard Mayor Attest: Cynthia E. Goudeau City Clerk 2 Ordinance No.ltem4#Ja24 Attachment number 1 Page 3 of 3 Legal Description "A" for Legal Description for ANX2005-02003 The East 308.25 feet of the North "V4 of the Northwest "V4 of the Northwest "V4 of Section 21, Township 28 South, Range 16 East, Pinellas County, Florida. Less the South 208.75 feet and less the West 84 feet, and Less the East 100 feet thereof for road right-of-way. Legal Description "B" for LUZ2005-02002 Lot 1, Geiger Tract, according to the map or plat thereof as recorded in Plat Book 102, Page 18, Public Records of Pinellas County, Florida. 3 Ordinance No.ltem4#Ja24 Meeting Date:7 /17 /2008 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Adopt Ordinance No. 7967-08 on second reading, amending Beach By Design by Amending Section VII, Subsection B, allowing for increased height for overnight accommodation uses being allocated additional density via the Hotel Density Reserve in limited locations; amending Section VII, Subsection c., modifying the design guideline governing the theoretical maximum building envelope as it pertains to overnight accommodation uses being allocated additional density via the hotel density reserve, and making minor editorial changes. SUMMARY: Review Approval: 1) Clerk Cover Memo Item # 25 Attachment number 1 Page 1 of 2 ORDI NANCE NO. 7967-08 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA MAKING AMENDMENTS TO BEACH BY DESIGN: A PRELIMINARY DESIGN FOR CLEARWATER BEACH AND DESIGN GUIDELINES; BY AMENDING SECTION VII. DESIGN GUIDELINES; SUBSECTION B. HEIGHT, ALLOWING FOR INCREASED HEIGHT FOR OVERNIGHT ACCOMMODATION USES BEING ALLOCATED ADDITIONAL DENSITY VIA THE HOTEL DENSITY RESERVE IN LIMITED LOCATIONS; AMENDING SECTION VII. DESIGN GUIDELINES; SUBSECTION C. DESIGN, SCALE AND MASS OF BUILDINGS, MODIFYING THE DESIGN GUIDELINE GOVERNING THE THEORETICAL MAXIMUM BUILDING ENVELOPE AS IT PERTAINS TO OVERNIGHT ACCOMMODATION USES BEING ALLOCATED ADDITIONAL DENSITY VIA THE HOTEL DENSITY RESERVE; AND MAKING MINOR EDITORIAL CHANGES; PROVIDING THAT SAID PROVISIONS SUPPLEMENT THE CLEARWATER COMMUNITY DEVELOPMENT CODE; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the economic vitality of Clearwater Beach is a major contributor to the economic health of the City overall and the City desires to support the tourism industry; and WHEREAS, the City of Clearwater desires to restore those mid-priced overnight accommodation units that were lost to redevelopment on Clearwater Beach and foresees that increases in height may be necessary to accommodate those additional overnight accommodation units; and WHEREAS, the City of Clearwater recognizes that existing regulations within Beach by Design are potentially restrictive as they pertain to the actual design and construction of a project that accommodates additional overnight accommodation units; and WHEREAS, the proposed amendments to Beach by Design have been submitted to the Community Development Board acting as the Local Planning Authority (LPA) for the City of Clearwater; and WHEREAS, the Local Planning Agency (LPA) for the City of Clearwater held a duly noticed public hearing and found that amendments to Beach by Design are consistent with the Clearwater Comprehensive Plan; and WHEREAS, Beach by Design was originally adopted on February 15, 2001, and subsequently amended, now therefore, Ordinance No. 7967-08 Item # 25 Attachment number 1 Page 2 of 2 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. Amendments 1 - 2 to Beach by Design: A Preliminary Design for Clearwater Beach and Design Guidelines attached hereto as Exhibit "A" are hereby adopted. Section 2. The City Manager or designee shall forward said plan to any agency required by law or rule to review or approve same; and Section 3. 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 4. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED AS AMENDED Frank V. Hibbard Mayor Approved as to form: Attest: Leslie K. Dougall-Sides Assistant City Attorney Cynthia E. Goudeau City Clerk Ordinance No. 7967-08 Item # 25 Attachment number 2 Page 1 of 2 EXHIBIT A ATTACHMENT TO ORDINANCE 7967-08 AMENDMENT 1 - BEACH BY DESIGN: A PRELIMINARY DESIGN FOR CLEARWATER BEACH AND DESIGN GUIDELINES, SECTION VII. DESIGN GUIDELINES Amend Subsection B. Height on page 65 as follows: * * * * * * * * * * Ordinance 7967-08, Eltaml '#,,.,2.5 Attachment number 2 Page 2 of 2 AMENDMENT 2 - BEACH BY DESIGN: A PRELIMINARY DESIGN FOR CLEARWATER BEACH AND DESIGN GUIDELINES, SECTION VII. DESIGN GUIDELINES Amend Subsection C Design, Scale and Mass of Buildings starting from page 68 as follows: * * * * * 4. No more than sixty percent (60%) of the theoretical maximum building envelope located above will be occupied by a building. For the purpose of this standard, theoretical maximum building envelope is the maximum permitted building volume that could be theoretically occupied by a building and occupied by a building includes any portion of the maximum possible building envelope that is not visible from a public street . ~:.:..: '~~~"~..i.t~.:j.~": r"f>>II";;... o/~~.;~ - of.~.:'( .'-~.(~~ ..r}.(~-:f~.:. it" :;r(~ f~':;,~.~ * * * * * - 2 - Ordinance 7925-08, Eltaml '#,,.,2.5 Meeting Date:7 /17 /2008 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Approve the first renewal of the contract with J amson Environmental to complete remediation and address off site environmental impacts of the Clearwater Automotive Salvage Yard (Brownfields Site BF97493703)at a cost of $346,913.45 and authorize the appropriate officials to execute same. SUMMARY: The Clearwater Automotive Salvage Yard in the Town Lake area of the downtown has long been considered an impediment to the redevelopment of the area. For this reason, the City acquired the 3.4-acres +/- property through a real property exchange on July 17,2003. Due to the "value added" incurred in obtaining these parcels, the city accepted these parcels "as is" and without warranties, and is responsible for the demolition of all structures, and for any future environmental due diligence and mitigation. To prepare the site for redevelopment, Phase I and II environmental site assessments, Quality Assurance Project Plan, and an approved Brownfields Site Rehabilitation Agreement (BSRA) have been completed and funded from federal brownfields grants. In May 2005, the City Council adopted resolution 05-19 authorizing the use of $350,000 earmarked for loan funds provided to the City by the Environmental Protection Agency (EP A) as part of the Brownfields Cleanup Revolving Loan Fund (BCRLF) to the Community Redevelopment Agency (CRA) for the environmental cleanup of the Clearwater Automotive Salvage Yard project. A portion of these funds were for the original $218,491.26 J amson contract for demolition, excavation and offsite disposal of building foundations and sub-grade structures (including tanks/sumps); staging, excavation and offsite disposal of contaminated debris and soils. Once this work was concluded, it was determined that there were additional contamination and off-site impacts that needed to be addressed. The City has been conducting additional assessments of the Clearwater Auto property and the Aamco site to delineate the extent of contamination. In order, to obtain a Site Rehabilitation Completion (SRCO) from FDEP for the Clearwater Auto site, the City of Clearwater is obligated to address the off-site contamination related to the Clearwater Auto site. The presence of foundry sands/slag material at depths of between two (2) and six (6) feet below land surface was documented in soil borings at the Aamco site and this material must, therefore, be remediated as part of the Clearwater Auto site assessment and remediation. The City Council approved resolution 08-12 in June 2008 to allot additional monies in the form of a loan to the CRA in the amount up to $350,000 to complete the remediation of the Clearwater Auto site and to address the off-site environmental impacts (Aamco site ). This 1 st renewal of the original J amson contract will be to complete final excavation and disposal activities for the Clearwater Auto project and off site activities. This project will start immediately after execution of the 1 st renewal of the original contract with completion by February 2009. Funding for this project is being provided by the CRA intergovernmental loan from the BCRLF. A budget amendment will establish the transfer of these funds totaling $350,000 from the CRA operating budget to CRA project 181-99885, Clearwater Auto Site. Type: Current Year Budget?: Other Yes Budget Adjustment: None Budget Adjustment Comments: CRA intergovernmental loan Cover Memo Item # 26 Current Year Cost: Not to Exceed: $346,913.45 Annual Operating Cost: Total Cost: For Fiscal Year: to Appropriation Code 0181-99885-530100-552-000- 0000 Review Approval: 1) Clerk Amount $346,913.45 Appropriation Comment Cover Memo Item # 26 Attachment number 1 Page 1 of 7 BOND NUMBER: 1 st RENEWAL OF ORIGINAL CONTRACT BOND STATE OF FLORIDA COUNTY OF HILLSBOROUGH KNOW ALL MEN BY THESE PRESENTS: That we JAMSON ENVIRONMENTAL. INC. Contractor and FIRST SEALORD SURETY COMPANY (Surety) whose home address is COMMONWEALTH OF PENNSYLVANIA. COUNTY OF MONTGOMERY. HEREINAFTER CALLED THE "Surety", are held and firmly bound into the City of Clearwater, Florida (hereinafter called the "Owner") in the penal sum of: THREE HUNDRED AND FORTY SIX THOUSAND NINE HUNDRED THIRTEEN DOLLARS AND FORTY-FIVE CENTS ($346,913.45) for the payment of which we bind ourselves, our heirs, executors, administrators, successors, and assigns for the faithful performance of a certain written contract, dated the ---'- day of , 2008, entered into between the Contractor and the City of Clearwater for: ENVIRONMENTAL DEMOLITION, DEBRIS AND SOIL REMOVAL CLEARWATER AUTOMOTIVE SALVAGE YARD BROWNFIELDS SITE NO. BF97493703 a copy of which said 1st renewal contract is incorporated herein by reference and is made a part hereof as if fully copied herein. NOW THEREFORE, THE CONDITIONS OF THIS OBLIGATION ARE SUCH, that if the Contractor shall in all respects comply with the terms and conditions of said contract, including the one-year guarantee of material and labor, and his obligations thereunder, including the original contract documents (which include the Advertisement for Bids, Form of Proposal, Form of Contract, Form of Surety Bond, Instructions to Bidders, General Conditions and Technical Specifications) and the Plans and Specifications therein referred to and made a part thereof, and such alterations as may be made in said Plans and Specifications as therein provided for, and shall indemnify and save harmless the said Owner against and from all costs, expenses, damages, injury or conduct, want of care or skill, negligence or default, including patent infringements on the part of the said Contractor agents or employees, in the execution or performance of said contract, including errors in the plans furnished by the Contractor, and further, if such "Contractor" or "Contractors" shall promptly make payments to all persons supplying him, them or it, labor, material, and supplies used directly or indirectly by said Contractor, Contractors, Sub-Contractor, or Sub-Contractors, in the prosecution of the work provided for in said Contract, this obligation shall be void, otherwise, the Contractor and Surety jointly and severally agree to pay to the Owner any difference between the sum to which the said Contractor would be entitled on the completion of the Contract, and that which the Owner may be obliged to pay for the completion of said work by contract or otherwise, & any damages, direct or indirect, or consequential, which said Owner may sustain on account of such work, or on account of the failure of the said Contractor to properly and in all things, keep and execute all the provisions of said contract. Item # 26 Attachment number 1 Page 2 of 7 1 st RENEWAL OF CONTRACT BOND And the said Contractor and Surety hereby further bind themselves, their successors, executors, administrators, and assigns, jointly and severally, that they will amply and fully protect the said Owner against, and will pay any and all amounts, damages, costs and judgments which may be recovered against or which the Owner may be called upon to pay to any person or corporation by reason of any damages arising from the performance of said work, or of the repair or maintenance thereof, or the manner of doing the same or the neglect of the said Contractor or his agents or servants or the improper performance of the said work by the Contractor or his agents or servants, or the infringements of any patent rights by reason of the use of any material furnished or work done; as aforesaid, or otherwise. And the said Contractor and Surety hereby further bind themselves, their successors, heirs, executors, administrators, and assigns, jointly and severally, to repay the owner any sum which the Owner may be compelled to pay because of any lien for labor material furnished for the work, embraced by said Contract. And the said Surety, for the value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the work to be performed thereunder or the specifications accompanying the same shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the work or to the specifications. IN TESTIMONY WHEREOF, witness the hands and seals of the parties hereto this day of , 2008. JAMSON ENVIRONMENTAL. INC. CONTRACTOR By: ATTEST: SURETY WITNESS: By: ATTORNEY-IN-FACT COUNTERSIGNED: Item # 26 Attachment number 1 Page 3 of 7 1st RENEWAL OF ORIGINAL CONTRACT 1 st renewal of the original CONTRACT made the 28th day of July 2006 for the sum of two hundred and eighteen thousand four hundred ninety-one dollars and forty-six cents ($218,491.46) between the City of Clearwater, Florida, a municipal corporation, hereinafter designated as the "City", and JAMSON ENVIRONMENTAL, INC. of the City of THONOTOSASSA, County of HILLSBOROUGH and State of Florida, hereinafter designated as the "Contractor". The contractor agrees pricing will remain as the original contract pricing dated July 28th, 2006. This 1 st renewal CONTRACT is made and entered in this _ day of _2008 by and between the City of Clearwater, Florida, a municipal corporation, hereinafter designated as the "City", and JAMSON ENVIRONMENTAL, INC. of the City of THONOTOSASSA, County of HILLSBOROUGH and State of Florida, hereinafter designated as the "Contractor". WITNESSETH: That the parties to this contract each in consideration of the undertakings, promises and agreements on the part of the other herein contained, do hereby undertake, promise and agree as follows: The Contractor, and his or its successors, assigns, executors or administrators, in consideration of the sums of money as herein after set forth to be paid by the City and to the Contractor, shall and will at their own cost and expense perform all labor, furnish all materials, tools and equipment for the following: ENVIRONMENTAL DEMOLITION, DEBRIS AND SOIL REMOVAL CLEARWATER AUTOMOTIVE SALVAGE YARD BROWNFIELDS SITE NO. BF97493703 FOR THE SUM OF THREE HUNDRED AND FORTY SIX THOUSAND NINE HUNDRED THIRTEEN DOLLARS AND FORTY-FIVE CENTS ($346,913.45) In accordance with such proposal and technical supplemental specifications and such other special provisions and drawings, if any, which will be submitted by the City, together with any advertisement, instructions to bidders, general conditions, proposal and bond, which may be hereto attached, and any drawings if any, which may be herein referred to, are hereby made a part of the original contract, and all of said work to be performed and completed by the contractor and its successors and assigns shall be fully completed in a good and workmanlike manner to the satisfaction of the City. If the Contractor should fail to comply with any of the terms, conditions, provisions or stipulations as contained herein within the time specified for completion of the work to be performed by the Contractor, then the City, may at its option, avail itself of any or all remedies provided on its behalf and shall have the right to proceed to complete such work as Contractor is obligated to perform in accordance with the provisions as contained herein. THE CONTRACTOR AND HIS OR ITS SUCCESSORS AND ASSIGNS DOES HEREBY AGREE TO ASSUME THE DEFENSE OF ANY LEGAL ACTION WHICH MAY BE BROUGHT AGAINST THE CITY AS A RESULT OF THE CONTRACTOR'S ACTIVITIES Item # 26 Attachment number 1 Page 4 of 7 ARISING OUT OF THIS CONTRACT AND FURTHERMORE, IN CONSIDERATION OF THE TERMS, STIPULATIONS AND CONDITIONS AS CONTAINED HEREIN, AGREES TO HOLD THE CITY FREE AND HARMLESS FROM ANY AND ALL CLAIMS FOR DAMAGES, COSTS OF SUITS, JUDGMENTS OR DECREES RESULTING FROM ANY CLAIMS MADE UNDER THIS CONTRACT AGAINST THE CITY OR THE CONTRACTOR OR THE CONTRACTOR'S SUB-CONTRACTORS, AGENTS, SERVANTS OR EMPLOYEES RESUL TING FROM ACTIVITIES BY THE AFOREMENTIONED CONTRACTOR, SUB-CONTRACTOR, AGENT SERVANTS OR EMPLOYEES. In addition to the foregoing provisions, the Contractor agrees to conform to the following requirements: In connection with the performance of work under this contract, the Contractor agrees not to discriminate against any employee or applicant for employment because of race, sex, religion, color, or national origin. The aforesaid provision shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; lay-off or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post hereafter in conspicuous places, available for employees or applicants for employment, notices to be provided by the contracting officer setting forth the provisions of the non-discrimination clause. The Contractor further agrees to insert the foregoing provisions in all contracts hereunder, including contracts or agreements with labor unions and/or worker's representatives, except sub-contractors for standard commercial supplies or raw materials. It is mutually agreed between the parties hereto that time is of the essence of this contract, and in the event that the work to be performed by the Contractor is not completed by the end of February 2009, the time stipulated herein, it is then further agreed that the City may deduct from such sums or compensation as may be due to the Contractor the sum of $1.000.00 per day for each day that the work to be performed by the Contractor remains incomplete beyond the time limit specified herein, which sum of $1.000.00 per day shall only and solely represent damages which the City has sustained by reason of the failure of the Contractor to complete the work within the time stipulated, it being further agreed that this sum is not to be construed as a penalty but is only to be construed as liquidated damages for failure of the Contractor to complete and perform all work within the time period as specified in this contract. It is further mutually agreed between the City and the Contractor that if, any time after the execution of this contract and the surety bond which is attached hereto for the faithful performance of the terms and conditions as contained herein by the Contractor, that the City shall at any time deem the surety or sureties upon such performance bond to be unsatisfactory or if, for any reason, the said bond ceases to be adequate in amount to cover the performance of the work the Contractor shall, at his or its own expense, within ten (10) days after receipt of written notice from the City to do so, furnish an additional bond or bonds in such term and amounts and with such surety or sureties as shall be satisfactory to the City. If such an event occurs, no further payment shall be made to the Contractor under the terms and provisions of this contract until such new or additional security bond guaranteeing the faithful Item # 26 Attachment number 1 Page 5 of 7 performance of the work under the terms hereof shall be completed and furnished to the City in a form satisfactory to it. Item # 26 Attachment number 1 Page 6 of 7 1st RENEWAL OF ORIGINAL CONTRACT IN WITNESS WHEREOF, the parties to the agreement have hereunto set their hands and seals and have executed this Agreement, in duplicate, the day and year first above written. CITY OF CLEARWATER IN PINELLAS COUNTY, FLORIDA (Seal) By: William B. Home, II City Manager Attest: Countersigned: Cynthia E. Goudeau, City Clerk Approved as to form By: Frank Hibbard, Mayor -Councilmember Assistant City Attorney (Contractor must indicate whether Corporation, Partnership, Company or Individual.) (Contractor) By: (SEAL) (The person signing shall, in his own handwriting, sign the Principal's name, his own name, and his title; where the person is signing for a Corporation, he must, by Affidavit, show his authority to bind the Corporation). Item # 26 Attachment number 1 Page 7 of 7 CONTRACTOR'S AFFIDAVIT FOR FINAL PAYMENT (CORPORA TION FORM) STATE OF FLORIDA COUNTY OF HILLSBOROUGH On this day personally appeared before me, the undersigned authority, duly authorized to administer oaths and take acknowledgments, , who after being duly sworn, deposes and says: That he is the (TITLE) of JAMSON ENVIRONMENTAL. INC. a Florida Corporation, with its principal place of business located at 11817 ELYSSA ROAD. THONOTOSASSA. FLORIDA 33592-2961 (herein, the "Contractor"). That the Contractor was the general contractor under a 1 st renewal of the original contract executed on the 28th day of July~ 2006, with the CITY OF CLEARWATER, FLORIDA, a municipal corporation, as Owner, and that the Contractor was to perform the construction of: ENVIRONMENTAL DEMOLITION, DEBRIS AND SOIL REMOVAL CLEARWATER AUTOMOTIVE SALVAGE YARD BROWNFIELDS SITE NO. BF97493703 That said work has now been completed and the Contractor has paid and discharged all sub-contractors, laborers and material men in connection with said work and there are no liens outstanding of any nature nor any debts or obligations that might become a lien or encumbrance in connection with said work against the described property. That he is making this affidavit pursuant to the requirements of Chapter 713, Florida Statutes, and upon consideration of the payment of (Final Full Amount of Contract) in full satisfaction and discharge of said contract. That the Owner is hereby released from any claim which might arise out of said Contract. The word "liens" as used in this affidavit shall mean any and all arising under the operation of the Florida Mechanic's Lien Law as set forth in Chapter 713, Florida Statutes. Sworn and subscribed to before me JAMSON ENVIRONMENTAL. INC. AFFIANT This _ day of , 2008. BY: NOTARY PUBLIC My Commission Expires: PRESIDENT Item # 26 Attachment number 2 Page 1 of 1 Soil Excacation Program Estimate- Clearwater Automotive Salvage Yard On-Site and off-site Impacts 1st renewal of original contract awarded on July 28, 2006 Est. Item Description Unit Quantity Unit Cost Total Cost 1 Indemnification 1 $25.00 $25.00 2 Bond Premiums 0 $4,284.00 $0.00 3 Mobilization LS 1 $7,400.00 $7,400.00 4 CleaninQ and containment of Fluids 0 $1.57 $0.00 Excavation of contaminated 6a soils/debris (Ron's AAMCO) CY 1800 $9.38 $16,884.00 Excavation of contaminated 6b soils/debris (Clwtr Auto) CY 908 $9.38 $8,517.04 Second excavation (residual 7 impacts) CY 400 $3.72 $1,488.00 Load, T&D of contaminated Soil/debris (Ron's AAMCO [90% 10a total]) tons 2187 $45.70 $99,945.90 Load, T&D of contaminated Soil/debris (Clwtr Auto [100% 10b total]) tons 1226 $45.70 $56,028.20 Load, T&D soil/debris (Second 10c Mob) tons 800 $45.70 $36,560.00 Supply, Place and Grade Clean Fill 12a (Ron's AAMCO [90% total]) CY 1700 $20.80 $35,360.00 Supply, Place and Grade Clean Fill 12b (Clearwater Auto [100% total]) CY 908 $20.80 $18,886.40 OSHA Certified Safety 13 Coordinator/Site Supervisor LS 1 $7,500.00 $7,500.00 14 Permits 1 $500.00 $500.00 Subtotal $289,094.54 Owner's Allowance - Additional soil removal beyond estimated 15 quantities 20% 1 $57,818.91 $346,913.45 PDFConvert.6654.1.Jamson estimate for new loan 2008 Item # 26 Meeting Date:7 /17 /2008 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Approve a License Agreement with Pinellas County allowing City access to conduct soil assessments at the County Health Deparment at 310 North Myrtle Avenue. (consent) SUMMARY: The License Agreement grants the City and its authorized representatives access to the County Health Department facility, located at 310 North Myrtle Ave, for conducting soil assessments related to environmental impacts from the former manufactured gas plant site. Such work includes soil boring, drilling, monitoring well installations and sampling of new and existing wells. Pinellas County currently has an agreement with Environmental, Consulting & Technology (ECT) to perform this type of work. Since 1994, the City has exclusively used ECT to conduct soil assessments on the manufactured gas plant property; however, another company, LFR, has been selected to resample our monitoring wells. Therefore, Pinellas County is requesting a new agreement be signed to grant access to LFR, or any future authorized representative of the City, to work on the Health Department property. Type: Current Year Budget?: Other Yes Budget Adjustment: None Budget Adjustment Comments: Current Year Cost: Not to Exceed: For Fiscal Year: o Annual Operating Cost: Total Cost: o o to Review Approval: 1) Clerk Cover Memo Item # 27 Attachment number 1 Page 1 of 8 LICENSE AGREEMENT THlS LICENSE AGREEMENT hereinafter referred to as "License," is made this day of , 2008, between PINELLAS COUNTY, a political subdivision of the State of Florida, hereinafter referred to as "COUNTY", and the CITY OF CLEARWATER, municipal corporation of the State of Florida, hereinafter referred to as "LICENSEE" . WITNESSETH: WHEREAS, the COUNTY owns a parcel ofland located at 310 Myrtle Ave., Clearwater, FL ("COUNTY Parcel "); and WHEREAS, the COUNTY Parcel is leased to the State of Florida for a health department ("Health Department"); and WHEREAS, the LICENSEE owns a parcel of land commonly known as Clearwater Gas System property, located at 400 N. Myrtle Avenue, Clearwater, FL ("CGS Property"); and WHEREAS, at the direction of the Florida Department of Environmental Protection ("FDEP"), the LICENSEE has undergone contamination assessments on the CGS Property and the COUNTY Parcel; and WHEREAS, such scope of work includes soil boring, drilling, monitor well installation, and sampling of new and existing wells on the COUNTY Parcel ("Work"); and WHEREAS, LICENSEE can contract with qualified environmental consultants ("Consultant") for such activities without interfering with the operations of the Health Department; and WHEREAS, LICENSEE needs permISSIOn of COUNTY for Consultant to enter the COUNTY Parcel to conduct the Work. NOW THEREFORE, in consideration of One Dollar ($1.00) and other good and valuable consideration the receipt and adequacy of which is hereby acknowledged, and the promises and covenants contained herein, the parties agree as follows: 1. PREMISES. The COUNTY hereby grants permission to LICENSEE to use a portion of the COUNTY'S Parcel located at 310 Myrtle Avenue, Clearwater, Florida, hereinafter referred to as "Premises". 2. USE. COUNTY grants LICENSEE, its employees, officers, agents, contractors, subcontractors, and Consultant access to the Premises for the purpose of performing the Work. COUNTY grants LICENSEE, its employees, officers, agents, contractors, subcontractors, and Consultant access to the Premises, grants the right to use such portions of COUNTY'S surrounding property as are reasonably required during construction, and installation, and maintenance of monitoring wells. {01280658;5} Item # 27 Attachment number 1 Page 2 of 8 Should LICENSEE require additional wells, such request shall be made in writing to COUNTY through the Manager of Lease Management. COUNTY delegates such future approvals or denials to the Manager of Lease Management. LICENSEE to provide identification markings on wells to indicate ownership. 3. TERM. This License shall be for a term of five (5) years commencing upon the date of full execution of the Agreement. Either party may terminate this License, at any time, by providing thirty (30) days written notice. Termination shall not release LICENSEE from any requirements of this License applicable to work performed under the Agreement such as reporting, indemnification, or restoration requirements. 4. MAINTENANCE. LICENSEE shall be solely responsible for maintenance of the Premises immediately surrounding the well heads. Maintenance is defined as picking up any trash or debris on the Premises and leaving the Premises in the same condition as prior to the event. 5. REIMBURSEMENT. In the event COUNTY pays any monies required to be paid by LICENSEE hereunder, COUNTY shall demand repayment of same from LICENSEE within ten (10) days of payment and LICENSEE shall make such payment within ten (10) days of receipt of said demand. LICENSEE'S failure to timely reimburse shall be deemed a breach of this License. 6. SIGNS. No signs of any kind shall be permitted by LICENSEE, its contractors or employees, on the land that is subject to this License unless there is prior approval by the COUNTY. 7. INDEMNIFICATION. LICENSEE shall be responsible for its own acts of negligence. LICENSEE covenants and agrees that LICENSEE'S agreement with Consultant shall name COUNTY as a third-party beneficiary to the LICENSEE'S agreement with Consultant, and Consultant shall indemnify and hold harmless the COUNTY and all of the COUNTY'S officers, employees, contractors and subcontractors from any claim, loss, damage, cost, charge or expense, arising out of any act, action, neglect or omission by Consultant, its officers, employees, agents, contractors, or subcontractors during the performance of this License, and any extensions thereof, whether direct or indirect, and whether to any person or property to which COUNTY or said parties may be subject including the COUNTY'S costs and attorneys fees incurred in defending such claims, except that neither Consultant nor any of its officers, agents, employees, contractors or subcontractors shall be liable under this section for damages arising out of injury or damage to persons or property directly caused by or resulting from the sole negligence of the COUNTY or any of its officers or employees. Consultant's duty to so indemnify and hold the COUNTY harmless shall not, to the extent that Consultant and its employees, agents, servants, contractors, and subcontractors comply with the terms of this License, include damages arising from the disturbance or interference with the ingress to, egress from, and the COUNTY'S use of or operations on the Premises which is caused by work. {0l280658;5}Clwr Health Dept. Page 2 Item # 27 Attachment number 1 Page 3 of 8 8. INSURANCE: LICENSEE'S agreement with Consultant shall require Consultant to procure, name COUNTY as an additional insured on, pay for, and maintain during the term of the License insurance as required herein: A. Comprehensive General Liability including, but not limited to, Independent Contractor, Contractual, Premises/Operations and Personal Injury covering liability assumed under indemnification provisions of this License, with limits of liability for personal injury and/or bodily injury, including death, of not less than $1,000,000 each occurrence; and property damage of not less than $500,000, each occurrence. (Combined single limits of not less than $500,000 each occurrence, will be acceptable.) Coverage shall be on an "occurrence" basis. Coverage to include explosion, collapse and underground coverage. B. Comprehensive Automobile and Truck liability covering owned, hired, and non-owned vehicles with minimum limits of $500,000 for bodily injury, including death, each occurrence, and property damage of not less than $500,000 each occurrence. (Combined Single Limits of not less than $500,000 each occurrence, will be acceptable unless otherwise stated). Coverage shall be on an "occurrence" basis, such insurance to include coverage for loading and unloading hazards. Applicable deductibles not to exceed $100,000 shall be the sole responsibility of Consultant. C. Workers' Compensation and Employers' Liability, where applicable, in at least the limits required by Florida law, and Employers' Liability, where applicable, of not less than $100,000. D. A Certificate of Insurance shall be filed within five (5) days from the commencement date to the Lease Management Division, 201 Rogers St., Clearwater, FL 33756 and annually thereafter. LICENSEE'S agreement with Consultant shall require Consultant to notify COUNTY within twenty-four (24) hours after receipt of any notice of expiration, cancellation, non-renewal or material change in coverage. Companies issuing the insurance policy, or policies, shall have no recourse against COUNTY for payment of premiums or assessments for any deductibles which all are at the sole responsibility and risk of Consultant. Pinellas County Board of County Commissioners shall be endorsed to the required policy or policies as an additional insured, except for Workers' Compensation. The policy clause "Other Insurance" shall not apply to any insurance coverage currently held by COUNTY, to any such future coverage, or to COUNTY'S SelfInsured Retentions of whatever nature. E. Insurance requirements itemized in this License and required of Consultant shall be provided by or on behalf of all contractors, or subcontractors to cover their operations performed under this License or on Premises. LICENSEE'S agreement with Consultant shall require Consultant to be held responsible for any modifications, deviations, or omissions in these insurance requirements as they apply to contractors, or subcontractors. 9. LIABILITY OF LICENSEE. All property of any kind that may be on the Premises during the continuance of this License shall be at the sole risk of LICENSEE, and the COUNTY shall not be liable to LICENSEE or any other person for any injury, loss, or damage to property to any person on said Premises. {0l280658;5}Clwr Health Dept. Page 3 Item # 27 Attachment number 1 Page 4 of 8 10. WELL CLOSURE. Upon termination or expiration of the License, LICENSEE shall restore Premises to the same surficial condition and stability as existed prior to this License. Unless otherwise instructed by COUNTY, LICENSEE shall properly and lawfully close all monitoring wells, pursuant to regulations provided by the Southwest Florida Water Management District ("SWFWMD"), prior to the termination date of License. 11. TESTING & REPORTING. Mter each testing event, LICENSEE shall provide the COUNTY with a copy of any and all records, reports, data or other information submitted to, or received by, FDEP relevant to the testing on Premises. An annual listing to COUNTY shall be provided by LICENSEE to COUNTY of all visits made to Premises, including a material specifications data sheet ("MSDS ") for any materials brought onto the site. 12. NOTICES. Official correspondence, notices, reports, and other documentation required under this License shall be forwarded to COUNTY at the following address: Real Estate Management Department Lease Management Division 201 Rogers Street Clearwater, FL 33756 All notices to COUNTY shall be forwarded to the foregoing addresses by registered or certified mail, return receipt requested unless LICENSEE is notified otherwise in writing. All notices given to LICENSEE hereunder shall be forwarded to the following address: LICENSEE: Brian Langille Clearwater Gas System 400 N. Myrtle Ave Clearwater, FL 33755 Tele: (727) 562-4911 Fax: (727) 562-4903 with a copy to: William L. Pence, Esquire AKERMAN SENTERFITT P.O. Box 231 Orlando, Florida 32802-0231 Tele: (407) 419-8548 Fax: (407) 254-4255 by registered or certified mail, return receipt requested unless COUNTY is notified otherwise in wri ting. 13. EQUIPMENT. The parties agree that all recovery equipment and other associated personal property shall remain the sole property of LICENSEE. Improvements made to real property such as monitoring wells shall become the property of the COUNTY; however, LICENSEE shall have the right to sample them as may be required to complete the contamination assessment or any remedial action. {0l280658;5}Clwr Health Dept. Page 4 Item # 27 Attachment number 1 Page 5 of 8 14. HAZARDOUS SUBSTANCES. LICENSEE shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances on or in the Premises. LICENSEE shall not do, nor allow anyone else to do, anything affecting the Premises that is in violation of any Environmental Law. The preceding two sentences shall not apply to the presence, use, or storage on the Premises of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal maintenance use. LICENSEE shall promptly give COUNTY written notice of any investigation, claim, demand, lawsuit or other action by any governmental or regulatory agency or private party involving the Premises and any Hazardous Substance or Environmental Law of which LICENSEE has actual knowledge. If LICENSEE learns or is notified by any governmental or regulatory authority, that any removal or other remediation of any Hazardous Substance affecting the Premises attributable to LICENSEE is necessary, LICENSEE shall promptly take all necessary remedial actions in accordance with Environmental Law. As used in this Paragraph, "Hazardous Substances" are those substances defined as toxic or hazardous substances by Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials. As used in this Paragraph, "Environmental Law" means Federal Laws and laws of the jurisdiction where the Premises is located that relate to health, safety or environmental protection. 15. GOVERNING LAW: This License shall be governed by the Laws of the State of Florida. Venue shall be in Pinellas County, Florida. 16. COVENANT AGAINST LIENS: LICENSEE shall have no power or authority to create any lien or permit any lien to attach to the estate, revision or other estate of COUNTY in the Premises herein licensed, and all materialmen, contractors, mechanics and laborers, and other persons contracting with LICENSEE with respect to this LICENSE or to any part thereof, are hereby charged with notice that they must look to the LICENSEE to secure payment of any bill for work done or material furnished or for any other purpose during the term of the LICENSE. 17. COMPLIANCE WITH LAWS: LICENSEE shall comply with all laws of the United States of America, the State of Florida, the Pinellas County Code and applicable municipal ordinances. LICENSEE shall obtain all necessary permits and licenses and keep the same in force during the term of this LICENSE and shall not permit or commit any strip or waste of Premises. 18. APPROVAL AUTHORITY: Pursuant to Section 2-62 Pinellas Code, COUNTY has delegated authority to the County Administrator, for purposes of entering into and executing this License. [REMAINDER OF PAGE LEFT INTENTIONALL Y BLANK] {0l280658;5}Clwr Health Dept. Page 5 Item # 27 Attachment number 1 Page 6 of 8 IN WITNESS WHEREOF, the parties have set their hands and seals as of the day and year first above written. Countersigned: CITY OF CLEARWATER, FLORIDA By: William B. Horne II City Manager Frank V. Hibbard Mayor Approved as to form: Attest: Leslie K. Dougall-Sides Assistant City Attorney Cynthia E. Goudeau City Clerk WITNESSES: PINELLAS COUNTY, FLORIDA By: Fred E. Marquis Interim County Administrator Print Name: Print Name: APPROVED AS TO FORM OFFICE OF THE COUNTY ATTORNEY By: Title: Asst. County Attorney {0l280658;5}Clwr Health Dept. Page 6 Item # 27 , , er 1 1..lIIftJII.] - ~_ 9." . .. - -i --I , ..........~ i. " _ _ ~..] , ~_... - - I. ,- , - " , -. - I . -" ~ .... if""= ~ ~ !IF" ~ r , " -'- ~ -- - , - , .. .. - . . , . .. : J' I. ~ ~ L L ,I .j I' I ' ..-, _ c~, ' T-.::" - , ." __JJ ~ J ~~...~".r- . ., - . - , 11- ." r , , .. 111 ..... . . . , , " , _- I I . . . II I ~ I' , , . , ~ .. -. I . - . - , - .. ..... ",- - . ... - fl _ , . - L " t' .. oJ J ~- '- , - ~, , ~~ . ..... ~ , , -t ~IJ ~"'. -. ,-- -. , II _I. ..' I " - ~- rI' .Jt {0l280658;5}Clwr Health Dept. Page 7 Item # 27 " J ; _\.ill -~ ~ -~~...' '~i - . .. ~ - - - ~ --, . .: I - I. . . "' ,- 'J - . " . '- ~ '< - . I II - I ..:C.. ~ ... ~ " . I ........ .. 1. - ~.. II , , L. , -4 " oJ - . {0l280658;5}Clwr Health Dept. Page 8 Item # 27 Meeting Date:7 /17 /2008 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Approve the RFP Review Committee ranking of responders to RFP 17-08: 1 )Life Force Cultural Arts Academy, Inc.; 2)Mt. Carmel Community Development Corporation of Clearwater; approve agreement with Life Force Cultural Arts Academy, Inc. for the operation, maintenance and programming of Kings Highway Recreation Center and authorize the appropriate officials to execute same. (consent) SUMMARY: For the past 5 years, Mt. Carmel Community Development Corporation of Clearwater has been operating out of the Kings Highway Recreation Center providing cultural arts experiences through a Performing Arts Academy, providing assistance to the community and City by opening the facilities to the public. The agreement with Mt. Carmel expires on September 30, 2008. The cultural programs offered at the center have met with great success and service a sizeable number of participants. While the City desires to continue programming at the Kings Highway Center, staff wanted to provide an opportunity for other organizations to submit a proposal. A Request for Proposals (RFP) was issued on March 28, 2008 and opened on April 28, 2008. Three agencies responded to the RFP by attending the Mandatory proposer's conference and site visitation held on April 14 at the Center however, only two organizations submitted a proposal. The RFP Committee composed of Margo Walbolt, Kathy LaTerza, Art Kader, Karen Miles and Maria Cantonis, a member of the Clearwater Arts Foundation, reviewed the qualified proposals and heard oral presentations on May 14,2008. Both proposals and presentations were done in a professional manner and each agency would provide excellent programs and services for the citizens of Clearwater and North Greenwood Community. The Committee ranked the proposal by "Life Force Cultural Arts Academy, Inc." (LFCAA) as first and "Mt. Carmel Community Development Corporation of Clearwater" (MCCDCC) second. The proposal by LFCAA was ranked first due to their successful experience in providing cultural programming in Pinellas County; documented need within the community for programs and services; and results from reference interviews. Under this agreement the Life Force Cultural Arts Academy, Inc will provide the following services: . Provide cultural arts experiences through a Performing Arts Academy. . Offer classes in drama, dance, music, image presentation and grooming. . Facilitate and support community meetings and activities and for use as a voting site. . Provide all staff, materials and supplies, and operating expenses associated with the Center including but not limited to electricity, water, sewer, custodial, sanitation and minor building and maintenance. . Provide 50% of the cost for City building maintenance costs approx. $7,200 per year, to be paid on a quarterly basis of $1,800 per quarter. The Agency will be required to provide an annual report of activities consisting of the number of clients served, costs of such service, commentary on the viability, effectiveness, and trends affecting the program and success of it. Under this agreement the City will provide the following: . Lawn and landscape maintenance for all areas around the Center and in the adjoining park area. . Maintenance for all major capital components of the building, to include air conditioners, roof, plumbing, electrical, etc. . Provide 50% of the cost for City building and maintenance costs of approx. $7,200 per year. Cover Memo . Use of existing furnishings in the building i.e. chairs, tables and desks. Item # 28 No other in-kind services, supplies, labor, equipment, or funding, whether on loan or for consumption, will be granted to the agency. A copy of the RFP and agreement is available for review in the Official Records and Legislative Services Department. Review Approval: 1) Clerk Cover Memo Item # 28 Attachment number 1 Page 1 of 8 AGREEMENT This Partnership and Operational Support Agreement is made and entered into between the City of Clearwater, whose address is: Attn: Parks and Recreation Director, Post Office Box 4748, Clearwater, FL 33758-4748, hereinafter referred to as the City, and Life Force Cultural Arts Academy, Inc., whose address is: 1606 N. Highland Avenue, Clearwater, FL 33755, referred to as the Agency. WHEREAS, it has been determined to be highly desirable and socially responsible to provide activities to build and foster the confidence, educational, cultural and social skills and good habits in young people, adults and families; and WHEREAS, the City desires to provide programs and activities as a means to help young people, adults and families; and WHEREAS, the City has recognized the need for community cultural programs as outlined in the Clearwater Cultural Plan and supported by the Parks and Recreation Master Plan; and WHEREAS, the Agency has proposed to provide cultural arts experiences for local residents with activities for youth, adults and families; and WHEREAS, the City owns the Kings Highway Center Building, hereinafter referred to as the Center, located at 1751 Kings Highway Road, Clearwater; WHEREAS, the Agency desires to partner with the City in providing cultural programs by running the day to day operations and offering programs at the Center; and NOW, THEREFORE, the parties agree as follows: ARTICLE I. TERM 1. Term: The term of this agreement shall be for a period of 5 years commencing on the 1 st day of October, 2008 and continuing through the 30th day of September, 20 13 (the Termination Date) unless earlier terminated under the terms of this agreement. 2. Options to Renew: This agreement may be extended by mutual written agreement of the parties for four (4) additional periods of five (5) years, on the same terms and conditions as are set forth herein. ARTICLE II. RESPONSIBILITIES OF THE AGENCY 1. Services to be Provided: One of the Agency's goals shall be to provide cultural arts experiences through a Performing Arts Academy at the Center. Item # 28 Attachment number 1 Page 2 of 8 a) Programs: The Academy will provide a variety of performing arts classes such as: i) Drama (Acting, creative writing, directing, producing, sound and lighting, set design) ii) Dance (Ballet, Modem, Hip-Hop, African and Swing) iii) Music (Piano, Violin, Drumming, Voice) iv) Image Presentation, Grooming b) Assistance to the Community: The Agency will maintain communication and interaction with the surrounding community through such avenues as: i) Facilitation and support of community meetings and activities ii) Facilitation and support for use of center as a voting site c) Assistance to the City: Provide Agency personnel and volunteers to operate and provide programs at the Center. d) Hours of Operation: As much as possible, the Agency will provide programs and activities at the center on a daily basis (Monday - Friday) and establish regular operating hours for a minimum of 30 hours per week. 2. Area to be Served: Services rendered through this agreement shall be provided within the corporate limits of the City as it now exists and as its boundaries may be changed during the term of this agreement. 3. Use of Kings Highway Center: a) No Illegal Use: The Agency promises and agrees that they will make or allow no unlawful, improper or offensive use of the premises. Further, the Agency understands and agrees that this provision specifically prohibits, among other acts, the sale, consumption or use of alcoholic beverages or controlled substances anywhere in, on or around the Center and those adj acent areas used by the Agency. b) Rules for Use: Rules and regulations governing the use of the Center may be established by the Agency, providing they are not in conflict or inconsistent with the ordinances, policies or operating rules of the City or of this Agreement. Such rules and regulations developed by this Agency may provide for and allow reasonable user fees to be retained by the Agency. c) Inspection by City: The Agency understands and agrees that the Center premises may be entered and inspected at any time by the City's officers, agents and employees. The City shall make its best effort to notify the Agency at least 48 hours prior to any inspections. 2 Item # 28 Attachment number 1 Page 3 of 8 d) General Adherence to City Ordinances: Notwithstanding any limitations implied by the provisions above, the Agency promises to observe all City ordinances. e) Signage: The Agency may place an identification sign on the Center or in the park according to City codes with approval from the City at the Agency's expense. f) Structure: No permanent alterations or improvements to the interior or exterior of the building may be made without the written consent of the City. Any permanent structural additions approved by the City will become City property. 4. Maintenance of the Premises by the Agency. a) Custodial Maintenance: The Agency shall maintain the Center and adjacent areas used by the Agency in a clean and orderly condition. b) Repair of Damage: The Agency understands and agrees that it is responsible for and will cause to be repaired at the Agency's expense damage to the premises as a result of their occupancy other than normal wear and tear or vandalism. 5. Payment for all operating expenses: a) The Agency is responsible to pay all operating expenses associated with the Center and its programs including utilities, electric, operating supplies, custodial supplies, etc. b) The City will provide maintenance through its Building and Maintenance Department for all major capital components of the building including air conditioners, roof, painting, plumbing, electrical, etc. The City shall have sole discretion in determining the scheduling and extent of capital maintenance proj ects. c) The Agency will reimburse the City $7,200 annually for Building and Maintenance charges. Quarterly payments will occur on or before December 31 st, March 31st, June 30th and September 30th each year. 6. Payment of Fees and Taxes: The Agency shall obtain all required licenses at its own expense and shall pay all required taxes necessary to the Agency's operation at the Center. 7. Scheduled Reports of Agency Activities: a) The Agency shall furnish the City Parks and Recreation Department, with an annual report of activities conducted under the provisions of this agreement within sixty (60) days of the end of the Agency's fiscal year. Each report is to identify 3 Item # 28 Attachment number 1 Page 4 of 8 the number of clients served, the type of activities, programs offered and costs of such services. b) The Agency agrees to submit progress reports and other information in such format and at such times as may be prescribed by the City, and to cooperate in site visits and other on-site monitoring (including, but not limited to, access to sites, staff, fiscal and client records, and logs and the provision of related information). 8. Creation, Use, and Maintenance of Financial Records: a) Creation of Records: Agency shall create and maintain financial and accounting records, books, documents, policies, practices, procedures and any information necessary to reflect fully the financial activities of the Agency. Such records shall be available and accessible at all times for inspection, review, or audit by authorized City representatives and shall produce such records as required by law. b) Use of Records: Agency shall produce such reports and analyses that may be required by the City to document the proper and prudent stewardship and use of the facilities. c) Maintenance of Records: All records created hereby are to be retained and maintained for a period not less than five (5) years. 9. Audit and Management Letter: Within 120 days of the close of its fiscal year, Agency agrees to submit to the City an independent fiscal audit of all its corporate activities and any accompanying management letter(s). The audit will separately identify fees and donations, and expenditures by program. 10. Non-discrimination: Notwithstanding any other provisions of this agreement during the term of this agreement, the Agency for itself, agents and representatives, as part of the consideration for this agreement, does covenant and agree that: a) Nondiscrimination: Agency agrees that no person shall, on the grounds of race, sex, handicap, national origin, religion, marital status or political belief, be excluded from participation in, denied the benefit(s) of, or be otherwise discriminated against as an employee, volunteer, or client of the provider. Agency agrees to maintain reasonable accommodation and access for handicapped persons. b) Inclusion in Subcontracts: The Agency agrees to include the requirement to adhere to Title VI and Title VII of the Civil Rights Act of 1964 in all approved sub-contracts. c) Breach of Nondiscrimination Covenants: In the event of conclusive evidence of a breach of any of the above non-discrimination covenants, the City shall have the right to terminate this agreement immediately. 4 Item # 28 Attachment number 1 Page 5 of 8 11. Publicizing of City Support: Agency agrees to utilize every reasonable opportunity to publicize the support received from the City. Agency further agrees to supply the City, up to three copies of any publication developed in connection with implementation of programs addressed by this Agreement. Such publications will state that the program is supported by the City. 12. Liability and Indemnification: The Agency shall act as an independent contractor and agrees to assume all risks of providing the program activities and services herein agreed and all liability therefore, and shall defend, indemnify, and hold harmless the City, its officers, agents, and employees from and against any and all claims of loss, liability, and damages of whatever nature, to persons and property, including, without limiting the generality of the foregoing, death of any person and loss of the use of any property, except claims arising from the negligence or willful misconduct of the City or City's agents or employees. This includes, but is not limited to matters arising out of or claimed to have been caused by or in any manner related to the Agency's activities or those of any approved or unapproved invitee, contractor, subcontractor, or other person approved, authorized, or permitted by the Agency in or about its premises whether or not based on negligence. Nothing herein shall be construed as a consent by the City to be sued by third parties, or as a waiver or modification of the provisions of Section 768.28, Florida Statutes or the Doctrine of Sovereign Immunity. 13. Insurance: The Agency shall procure at its expense and maintain during the term of this Agreement insurance as shown below: a) A Comprehensive General Liability policy covering claims for injuries to persons or damage to property which may arise from or in connection with use of the Center premises by the Agency including all activities occurring thereon. b) An Automobile Liability Policy covering claims for injuries to persons or damage to property that arise from or in connection with use of a motor vehicle owned by the Agency. c) Insurance procured in accordance with secti ons 13 ( a) and (b) shall have minimum coverage limits of $1,000,000. d) Each insurance policy issued as a requirement of this Agreement shall name the City of Clearwater as an additional named insured. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officials, employees, agents or volunteers. e) Worker's Compensation. Coverage shall apply for all employees in an amount at least equal to the statutory limits of coverage according to applicable State and Federal laws. In addition, the policy shall include employer's liability coverage with a limit of $500,000 per occurrence. 5 Item # 28 Attachment number 1 Page 6 of 8 f) The Agency shall furnish the City with Certificate(s) of Insurance with all endorsements affecting coverage required by this section. These forms shall be received and approved by the Parks and Recreation Director before execution of this Agreement by authorized City officials. The Agency shall provide a copy of any or all insurance policies upon request by the City. All policies of insurance must be endorsed to provide the City with thirty (30) days' notice of cancellation or restriction. ARTICLE III. RESPONSIBILITIES OF THE CITY 1. Grant of Funds: The City is not and will not be contributing any funds except as provided for herein for the maintenance of the Center. 2. Grant of In-Kind Services: a) The City agrees to provide lawn and landscape maintenance services for all areas in the park and around the Center as annual budgets allow. b) The City will provide maintenance through its Building and Maintenance Department for all major capital components of the building including air conditioners, roof, painting, plumbing, electrical, etc. The City shall have sole discretion in determining the scheduling and extent of capital maintenance proj ects. c) The City will pay for the balance of annual Building and Maintenance charges, exceeding $7,200 per year as set for in Article 2, Section 5c. This amount may be adjusted at the renewal dates set forth in Article I, Section 2. d) The City will not provide any other additional in kind services, supplies, labor or equipment whether on loan or for consumption to the Agency. e) The City will allow the Agency to use an agreed upon inventory of existing furnishings remaining on site i.e. chairs, tables, file cabinets, and desks. Agency will be responsible for maintenance and replacement of items if needed. 3. City Liaison: The Recreation Programming Division of the City of Clearwater will serve as the City Liaison for the Agency ARTICLE IV. DISCLAIMER OF WARRANTIES This Agreement constitutes the entire Agreement between the parties on the subj ect hereof and may not be changed, modified, or discharged except by written Amendment duly executed by both parties. No representations or warranties by either party shall be binding unless expressed herein or in a duly executed Amendment hereof. 6 Item # 28 Attachment number 1 Page 7 of 8 ARTICLE V. TERMINATION 1. For Cause: Failure to adhere to any of the provisions of this agreement as determined by the City shall constitute cause for termination. This agreement may by terminated with 30 days written notice without any further obligation by City. 2. For Municipal Purpose: The City may terminate this Agreement in the event it determines that the premises are required for any other municipal purposes by giving ninety (90) days written notice of such intended use, following which this Agreement shall terminate in every respect, and both parties shall be relieved of any further obligations hereunder, except that Agency shall be responsible for full payment of all costs and expenses resulting from the operation hereof, together with any other monies due in accordance with this Agreement. ARTICLE VI. NOTICE Any notice required or permitted to be given by the provisions of this agreement shall be conclusively deemed to have been received by a party hereto on the date it is hand-delivered to such party at the address indicated below (or at such other address as such party shall specify to the other party in writing), or if sent by registered or certified mail (postage prepaid), on the fifth (5th) business day after the day on which such notice is mailed and properly addressed. 1. If to City, addressed to Parks and Recreation Director, P.O Box 4748, Clearwater, FL 33758. With copy to: City Attorney, P.O. Box 4748, Clearwater, FL 33758. 2. If to Agency, addressed to Life Force Cultural Arts Academy, Inc., Artistic Director, 1606 N. Highland Avenue, Clearwater, FL 33755. ARTICLE VII. EFFECTIVE DATE The effective date of this agreement shall be as of the first day of October 2008. IN WITNESS WHEREOF, the parties hereto have set their hands and seals this ,2008. day of Countersigned: CITY OF CLEARWATER, FLORIDA By: Frank V. Hibbard Mayor William B. Horne, II Ci ty Manager 7 Item # 28 Attachment number 1 Page 8 of 8 Approved as to form: Attest: Laura Li powski Assistant City Attorney Cynthia E. Goudeau City Clerk LIFE FORCE CULTURAL ARTS ACADEMY, INC. By: Printed Name: Chi ef Executi ve Offi cer 8 Item # 28 Attachment number 2 Page 1 of 1 -----Original Message----- From: Dunbar, Kevin E. Sent: Tuesday, July 15, 2008 2:09 PM To: Goudeau, Cyndie Cc: Reid, Debbie Subject: Council Request Info on Life Force Academy After school Program: serves 80 youth ages 5-17 BeTrue to You - gender specific program serving 40 girls ages 9-11 10 week Life Force Summer Camp: serves 200 youth ages 6-17 Dundu Dole Urban African Ballet serves 50 men, women, and children performing over 50 times a years for an audience of approximately 20,000. Chocolate Nutcracker Rehearsals includes 40 youth over a 14 week period Additional evening classes and programs are held year-round LifeForce estimates an annual attendance figure of 18,000 "visits" to the Kings Highway Center. Performances are typically held in other facilities. Item # 28 Meeting Date:7 /17 /2008 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Approve Supplemental Work Order 1 to Advanced Engineering and Design, Inc in the amount of $42,405.00 for additional work and design changes to Phase I of Tropic Hills Drainage Improvements Project and authorize the appropriate officials to execute same. (consent) SUMMARY: April 19, 2007 Council approved a work order to Advanced Engineering, Inc, a City of Clearwater Engineer of Record (EOR), in the amount of $143,166.70. A change in design was required since the proposed box culvert is not permittable due to increased emphasis on the water quality portion of the Soutwest Florida Water Management District's (SWFWMD) interpretation of their regulations. This change in design results in an increase in costs of $42,405.00 for a total cost of $185,571.70. The Tropic Hills neighborhood experienced severe flooding in June 1997 and February 2006. The existing outfall is undersized and during heavy rainfall water backs up in the neighborhood, flooding streets and houses. Tropic Hills Drainage Improvements Project consists of three phases. Phase I is the subject work. Phase II consists of FDOT replacing the two undersized 36-inch pipes under U.S. 19 with a 4-foot x lO-foot box culvert during U. S. 19 reconstruction from SR 60 to Ham Boulevard. Phase III consists of replacing 900 feet of undersized pipe that is upstream of Phase II. When all three phases of the project are complete, the Tropic Hills neighborhood will have an outfall that reduces the risk of houses and streets flooding. The original scope of service is as follows: . A design of approximately 1,600 linear feet of 4-foot x lO-foot box culvert system to replace and increase the capacity of the existing open channel from the east side of U.S. 19 to Tampa Bay. Additional scope and change in design are as follows: . Assistance in securing cooperative funding from SWFWMD. . Design change from 4-foot x lO-foot box culvert system to Gabion Wall Design along the north side of the channel due to input from SWFWMD during pre-application meeting. . New Seawall Design to replace the existing failing seawall along the south side of the channel to exchange for the permanent and construction easements necessary for the project. . Best Management Practice Design to provide water quality benefits. . Additional Design of Box Culvert Alternate at US 19 (if phase II is not complete when phase I is constructed) Sufficient budget is available in Capital Improvement Program (CIP) project 0315-96161, Coastal Basins. Type: Current Year Budget?: Capital expenditure Yes Budget Adjustment: None Budget Adjustment Comments: Current Year Cost: Not to Exceed: For Fiscal Year: $42,405.00 $42,405.00 2007 to 2008 Annual Operating Cost: Total Cost: Cover Memo $42,405.00 Item # 29 Appropriation Code 0315-96161-561200-539-000- 0000 Review Approval: 1) Clerk Amount $42,405.00 Appropriation Comment Cover Memo Item # 29 0 w (j) ~ 0 <( s U I- <( LL 0::: <( 0::: <( ~ I.!) U I.!) 0 0::: I ::J 0::: III (j) DR i_ll--.------------.--/)J~:::~~~~~~~~:::~~~~~~~~:;'~;'::~_Z,~~~.~;' . ^"\ \ \ i i \ \. i i \. \. i i \. \. i i \. \. i i \\\\ i! 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Myrtle Ave, Clearwater, FL 33756 Ph: (72~~;~~~:~~t~r2~~~64755 Map Gen By: SF Map Document: (V:IGISIENGILOCATION.mxd) 6/3/2008 -- 4:20 PM Reviewed By: PV S- T-R: 20-29s-16e Date: 6/3/08 N W~E s em # ?9 Scale: 1"=400' Meeting Date:7 /17 /2008 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Approve a Construction Contract for the Alligator Lake Wetland Creation and Stormwater Treatment project to Ripa and Associates in the amount of $471,033.90 and authorize appropriate officials to execute same. (consent) SUMMARY: The Alligator Lake project is designed to satisfy the City-wide Florida Department of Environmental Protection (FDEP) Consent Order (OCG File 99-0124) issued in 1999. This site was chosen because it provides an ideal location with adequate area for wetland improvements related to the consent order and other City wetland mitigation obligations. Twelve companies bid on the project and Ripa and Associates was the lowest responsible bidder. The project is 1.44 acres of wetland creation and 1.64 acres of wetland restoration, both providing additional water quality improvement. Site improvements include water control structures, exotic plant species removal, and extensive wetland, floodplain, and upland plantings. Construction is expected to be completed within 180 days. Sufficient budget and revenue is available in Capital Improvement Program (CIP) project 0315-96137, FDEP Compliance. Type: Current Year Budget?: Budget Adjustment Comments: Current Year Cost: Not to Exceed: For Fiscal Year: Capital expenditure Yes Budget Adjustment: No $471,033.90 $471,033.91 2007 to 2008 Annual Operating Cost: Total Cost: 0.00 $471,033.90 Appropriation Code 0315-96137-563500-537-000- 0000 Amount $471,033.90 Appropriation Comment Bid Required?: Other Bid / Contract: Review Approval: 1) Clerk Yes Bid Number: Bid Exceptions: None Cover Memo Item # 30 -- -- - zco WO ,0 ON N 0'" 0.... cnW '"z -=> 1-., U W - .,>- 0<C 0:::0 c..tJ) 1-0::: z=> W:I: 2:~ 1-0 <CO::: W<c ~S 0:::<C W I- ~ 2: 0::: o I- tJ) o z <Ceo zo 00 i=N <C'" WN 0:::>- U<C 02: z>=, :5<c 1-0 WtJ) S~ W:I: ~I- :5" o:::z 02 I-w <Cc.. S20 ...Jo ...J_ <cm I- Z o :J <( 0 -,0 :lE ...JD::...J<( w>-"- ~~6 :Jo::c> ~j:!~ W(/)...JW 0:::0 U on ;;: on a. ~ I- Z :J Z o I- ;:: Z UI- :J :JW...JO ~~u._~ ~t;ffi 8::i~ ~8~ ~;:~~ :::s::~Ui2 O::N a. <( I- d ~ I- Z o :J 0> 0 ~ffiLi~ ~ tu 0::- 1--'<( >-~~ ~~g ~~o~ o 0:: '" a. 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'" 00 "'''' ~~ U)- o- N ~~~ ONN r:: <0 ~"'''' "' ... '" ~ Attachment number 1 Page 2 of 2 00 00 NN r- '" o ~ -<t- lD- ...'" "'''' -<t-O)- 0'" '" '" <6 00 r- r- criu:::i '" '" '" N lD- lD- r- '" '" 000 "'0'" criNO r- ... '" lD 1'-_ I'- -<t- ~~- '" "'''' o '" a:io::i r- "' "' '" 0)- lD- '" '" r- u Q) U :J (j .f: a. - z Q. ;t: Q Attachment number 2 Prepared by: Engineering Department Geographic Technology Division 100 S. Myrtle Ave, Clearwater, FL 33756 Ph: (727)562-4750, Fax: (727)526-4755 www.MyClearwater.com Map Document: (V:IGISIStafflSheryl.mxd) 6/23/2008 -- 11 :28 AM ALLIGATOR LAKE WETLAND CREATION AND STORMWATER TREATMENT PROJECT Reviewed By: SJ Map Gen By: SF Date: 6/23/2008 N W~E s emS~al~:01"=600' Attachment number 3 Page 1 of 6 BOND NUMBER: CONTRACT BOND STATE OF FLORIDA COUNTY OF HILLSBOROUGH KNOW ALL MEN BY THESE PRESENTS: That we RIP A & ASSOCIATES Contractor and TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA (Surety) whose home address is ONE.TOWER.SQUARE.BARTFORD.CONNECTICUT.06183-9079 HEREINAFTER CALLED THE "Surety", are held and firmly bound into the City of Clearwater, Florida (hereinafter called the "Owner") in the penal sum of: FOUR HUNDRED SEVENTY ONE THOUSAND THIRTY THREE DOLLARS AND NINETY CENTS ($471,033.90) for the payment of which we bind ourselves, our heirs, executors, administrators, successors, and assigns for the faithful performance of a certain written contract, dated the ~ day of 2008 entered into between the Contractor and the City of Clearwater for: ALLIGA TOR LAKE WETLAND CREATION AND STORMW A TER TREA TMENT PROJECT (99-0020- EN) a copy of which said contract is incorporated herein by reference and is made a part hereof as if fully copied herein. NOW THEREFORE, THE CONDITIONS OF THIS OBLIGATION ARE SUCH, that if the Contractor shall in all respects comply with the terms and conditions of said contract, including the one-year guarantee of material and labor, and his obligations thereunder, including the contract documents (which include the Advertisement for Bids, Form of Proposal, Form of Contract, Form of Surety Bond, Instructions to Bidders, General Conditions and Technical Specifications) and the Plans and Specifications therein referred to and made a part thereof, and such alterations as may be made in said Plans and Specifications as therein provided for, and shall indemnify and save harmless the said Owner against and from all costs, expenses, damages, injury or conduct, want of care or skill, negligence or default, including patent infringements on the part of the said Contractor agents or employees, in the execution or performance of said contract, including errors in the plans furnished by the Contractor, and further, if such "Contractor" or "Contractors" shall promptly make payments to all persons supplying him, them or it, labor, material, and supplies used directly or indirectly by said Contractor, Contractors, Sub-Contractor, or Sub-Contractors, in the prosecution of the work provided for in said Contract, this obligation shall be void, otherwise, the Contractor and Surety jointly and severally agree to pay to the Owner any difference between the sum to which the said Contractor would be entitled on the completion of the Contract, and that which the Owner may be obliged to pay for the completion of said work by contract or otherwise, & any damages, direct or indirect, or consequential, which said Owner may sustain on account of such work, or on account of the failure of the said Contractor to properly and in all things, keep and execute all the provisions of said contract. Page 1 Item # 30 Attachment number 3 Page 2 of 6 CONTRACT BOND (2) And the said Contractor and Surety hereby further bind themselves, their successors, executors, administrators, and assigns, jointly and severally, that they will amply and fully protect the said Owner against, and will pay any and all amounts, damages, costs and judgments which may be recovered against or which the Owner may be called upon to pay to any person or corporation by reason of any damages arising from the performance of said work, or of the repair or maintenance thereof, or the manner of doing the same or the neglect of the said Contractor or his agents or servants or the improper performance of the said work by the Contractor or his agents or servants, or the infringements of any patent rights by reason of the use of any material furnished or work done; as aforesaid, or otherwise. And the said Contractor and Surety hereby further bind themselves, their successors, heirs, executors, administrators, and assigns, jointly and severally, to repay the owner any sum which the Owner may be compelled to pay because of any lien for labor material furnished for the work, embraced by said Contract. And the said Surety, for the value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the work to be performed thereunder or the specifications accompanying the same shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the work or to the specifications. IN TESTIMONY WHEREOF, witness the hands and seals of the parties hereto this day of , 2008 RIP A & ASSOCIATES CONTRACTOR By: ATTEST: SURETY WITNESS: By: ATTORNEY-IN-FACT COUNTERSIGNED: Page 2 Item # 30 Attachment number 3 Page 3 of 6 CONTRACT This CONTRACT made and entered into this _ day of ,2008 by and between the City of Clearwater, Florida, a municipal corporation, hereinafter designated as the "City", and RIPA & ASSOCIATES of the City of TAMPA, County of HILLS BOROUGH and State of FLORIDA hereinafter designated as the "Contractor". WITNESSETH: That the parties to this contract each in consideration of the undertakings, promises and agreements on the part of the other herein contained, do hereby undertake, promise and agree as follows: The Contractor, and his or its successors, assigns, executors or administrators, in consideration of the sums of money as herein after set forth to be paid by the City and to the Contractor, shall and will at their own cost and expense perform all labor, furnish all materials, tools and equipment for the following: ALLIGATOR LAKE WETLAND CREATION AND STORMWATER TREATMENT PROJECT (99-0020-EN) IN THE AMOUNT OF FOUR HUNDRED SEVENTY ONE THOUSAND THIRTY THREE DOLLARS AND NINETY CENTS ($471,033.90) In accordance with such proposal and technical supplemental specifications and such other special provisions and drawings, if any, which will be submitted by the City, together with any advertisement, instructions to bidders, general conditions, proposal and bond, which may be hereto attached, and any drawings if any, which may be herein referred to, are hereby made a part of this contract, and all of said work to be performed and completed by the contractor and its successors and assigns shall be fully completed in a good and workmanlike manner to the satisfaction of the City. If the Contractor should fail to comply with any of the terms, conditions, provisions or stipulations as contained herein within the time specified for completion of the work to be performed by the Contractor, then the City, may at its option, avail itself of any or all remedies provided on its behalf and shall have the right to proceed to complete such work as Contractor is obligated to perform in accordance with the provisions as contained herein. THE CONTRACTOR AND HIS OR ITS SUCCESSORS AND ASSIGNS DOES HEREBY AGREE TO ASSUME THE DEFENSE OF ANY LEGAL ACTION WHICH MAY BE BROUGHT AGAINST THE CITY AS A RESULT OF THE CONTRACTOR'S ACTIVITIES ARISING OUT OF THIS CONTRACT AND FURTHERMORE, IN CONSIDERATION OF THE TERMS, STIPULATIONS AND CONDITIONS AS CONTAINED HEREIN, AGREES TO HOLD THE CITY FREE AND HARMLESS FROM ANY AND ALL CLAIMS FOR DAMAGES, COSTS OF SUITS, JUDGMENTS OR DECREES RESULTING FROM ANY CLAIMS MADE UNDER THIS CONTRACT AGAINST THE CITY OR THE CONTRACTOR OR THE CONTRACTOR'S SUB-CONTRACTORS, AGENTS, SERVANTS OR EMPLOYEES RESUL TING FROM ACTIVITIES BY THE AFOREMENTIONED CONTRACTOR, SUB-CONTRACTOR, AGENT SERVANTS OR EMPLOYEES. Page 3 Item # 30 Attachment number 3 Page 4 of 6 CONTRACT (2) In addition to the foregoing provisions, the Contractor agrees to conform to the following requirements: In connection with the performance of work under this contract, the Contractor agrees not to discriminate against any employee or applicant for employment because of race, sex, religion, color, or national origin. The aforesaid provision shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; lay-off or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post hereafter in conspicuous places, available for employees or applicants for employment, notices to be provided by the contracting officer setting forth the provisions of the non-discrimination clause. The Contractor further agrees to insert the foregoing provisions in all contracts hereunder, including contracts or agreements with labor unions and/or worker's representatives, except sub-contractors for standard commercial supplies or raw materials. It is mutually agreed between the parties hereto that time is of the essence of this contract, and in the event that the work to be performed by the Contractor is not completed within the time stipulated herein, it is then further agreed that the City may deduct from such sums or compensation as may be due to the Contractor the sum of $1.000.00 per day for each day that the work to be performed by the Contractor remains incomplete beyond the time limit specified herein, which sum of $1.000.00 per day shall only and solely represent damages which the City has sustained by reason of the failure of the Contractor to complete the work within the time stipulated, it being further agreed that this sum is not to be construed as a penalty but is only to be construed as liquidated damages for failure of the Contractor to complete and perform all work within the time period as specified in this contract. It is further mutually agreed between the City and the Contractor that if, any time after the execution of this contract and the surety bond which is attached hereto for the faithful performance of the terms and conditions as contained herein by the Contractor, that the City shall at any time deem the surety or sureties upon such performance bond to be unsatisfactory or if, for any reason, the said bond ceases to be adequate in amount to cover the performance of the work the Contractor shall, at his or its own expense, within ten (10) days after receipt of written notice from the City to do so, furnish an additional bond or bonds in such term and amounts and with such surety or sureties as shall be satisfactory to the City. If such an event occurs, no further payment shall be made to the Contractor under the terms and provisions of this contract until such new or additional security bond guaranteeing the faithful performance of the work under the terms hereof shall be completed and furnished to the City in a form satisfactory to it. Page 4 Item # 30 CONTRACT (3) Attachment number 3 Page 5 of 6 IN WITNESS WHEREOF, the parties to the agreement have hereunto set their hands and seals and have executed this Agreement, in duplicate, the day and year first above written. CITY OF CLEARWATER IN PINELLAS COUNTY, FLORIDA By: William B. Home, II City Manager Attest: Countersigned: (Seal) Cynthia E. Goudeau, City Clerk By: Frank Hibbard, Mayor -Councilmember Approved as to form Camilo Soto Assistant City Attorney (Contractor must indicate whether Corporation, Partnership, Company or Individual.) (Contractor) By: (The person signing shall, in his own handwriting, sign the Principal's name, his own name, and his title; where the person is signing for a Corporation, he must, by Affidavit, show his authority to bind the Corporation). Page 5 (SEAL) Item # 30 Attachment number 3 Page 6 of 6 CONTRACTOR'S AFFIDAVIT FOR FINAL PAYMENT (CORPORA TION FORM) STATE OF COUNTY OF On this day personally appeared before me, the undersigned authority, duly authorized to administer oaths and take acknowledgments, , who after being duly sworn, deposes and says: That he is the (TITLE) of RIPA & ASSOCIATES. a Florida Corporation, with its principal place of business located at 1409 Tech Boulevard. Suite 1. Tampa. Florida 33619-7843 (herein, the "Contractor"). That the Contractor was the general contractor under a contract executed on the day of , 2008, with the CITY OF CLEARWATER, FLORIDA, a municipal corporation, as Owner, and that the Contractor was to perform the construction of: ALLGATOR LAKE WETLAND CREATION AND STORMW ATER TREA TMENT PROJECT (99-0020- EN) That said work has now been completed and the Contractor has paid and discharged all sub-contractors, laborers and material men in connection with said work and there are no liens outstanding of any nature nor any debts or obligations that might become a lien or encumbrance in connection with said work against the described property. That he is making this affidavit pursuant to the requirements of Chapter 713, Florida Statutes, and upon consideration of the payment of (Final Full Amount of Contract) in full satisfaction and discharge of said contract. That the Owner is hereby released from any claim which might arise out of said Contract. The word "liens" as used in this affidavit shall mean any and all arising under the operation of the Florida Mechanic's Lien Law as set forth in Chapter 713, Florida Statutes. Sworn and subscribed to before me RIPA & ASSOCIATES AFFIANT This _ day of , 2008 BY: NOTARY PUBLIC My Commission Expires: PRESIDENT Page 6 Item # 30 Meeting Date:7 /17 /2008 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Approve a contract for the Clearwater Bayfront Promenade (05-0008-MA)to Misener Marine Construction of Tampa, Fl, in the amount of $1,480,139.28 and authorize the appropriate officials to execute same, and authorize staff to initiate financing of the project. (consent) SUMMARY: The Clearwater Bayfront Promenade (05-0008-MA) will be built on the existing pilings from the old Memorial Causeway Bridge. The pilings were left behind during the bridge demolition to support this future project. The structure will consist of a 200 ft. by 32 ft. concrete deck for pedestrian use over Clearwater Harbor. This project will also bring utilities (water/sewer & electric) to the sea wall, in advance of the Downtown Boat Slip project. Construction of the Promenade is tentatively scheduled to begin in July, 2008 with a 180 day construction period. Construction of the Downtown Boat Slips project is expected to begin in January 2009, following completion of the Promenade. A third quarter amendment will transfer $330,220.90 of General Fund Revenue from retained earnings to Capital Improvement Program (CIP) project 0315-93402, Bayfront Promenade. Additional funding in the amount of $800,045.10 is available in 0315- 93402, Bayfront Promenade and $349,873.28 is available in CIP 0315-93405, Downtown Boat Slips to fund the contract. Type: Current Year Budget?: Budget Adjustment Comments: See Summary Current Year Cost: Not to Exceed: For Fiscal Year: Appropriation Code 0315-93402-563800-575- 000-0000 0315-93405-563800-575- 000-0000 Capital expenditure No Budget Adjustment: Yes $1,480,139.28 $1,480,139.28 2007 to 2008 Annual Operating Cost: Total Cost: $1,480,139.28 Amount $1,130,266.00 Appropriation Comment $349,873.28 Bid Required?: Other Bid / Contract: Review Approval: 1) Clerk Yes Bid Number: Bid Exceptions: None Cover Memo Item # 31 (05-0008-MA) CLEARWATERBAYFRONTPROMENADE ~ 5i () :::r 3 CD ;:l. :::J C 3 rr ~ N CITY/STATE AMOUNT , ~ 19,2008 THURSDAY, JUNE CONTRACTOR NAME UNIT PRICE AMOUNT 203,509.00 500.00 50,000.00 11,000.00 7,200.00 4,800.00 6,300.00 18,000.00 301,309.00 I AMERICAN BRIDGE CO 5600 W 5430 W TYSON AVENUE TAMPA, FL TAMPA, FL AMOUNT UNIT PRICE 203,509.00 500.00 50,000.00 11 1 AWARD FRIDAY, JUNE 6,2008 MISENER MARINE COMMERCE ST UNIT PRICE $ $ $ $ $ $ $ $ $ ,000.00 ,200.00 800.00 6,300.00 6.00 $ $ $ $ $ $ $ $ BID ITEMS Mobilization Signage Clearing and Grubbing Erosion Control 06.52 60.84 85, 3, 4,983.25 0,405.11 7,793.70 6,882.78 5,094.33 5,220.00 28,646.53 $ $ $ $ $ $ $ $ $ 85,106.52 3,160.84 4,983.25 10,405.11 1,298.95 1,147.13 5,094.33 1.74 $ $ $ $ $ $ $ $ UNIT 1 1 1 1 6 6 1 3000 QTY LS LS LS LS EA EA EA SF Benches Trash Receptacles Drinking Fountain Restore Grades/Sodding SUBTOTAL 1 2 3 4 5 6 7 8 49,000.00 120,000.00 8,460.00 9,880.00 346,600.00 143,000.00 42,798.00 10,656.00 143,370.00 1,856.00 $ $ $ $ $ $ $ $ $ $ 49,000.00 20,000.00 3.00 260.00 ,733.00 1 2,600.00 1.40 1.60 77.00 58.00 $ $ $ $ $ $ $ $ $ $ 40,474.42 75,653.55 2,622.60 8,417.76 98,934.00 01,253.90 38,518.20 .60 .70 .68 8,391 06,571 751 5.00 1.00 ,600.00 85,2 $ $ $ $ $ $ $ $ 95.00 1.00 45.00 14.00 16.00 10.00 80.00 $ $ $ $ $ $ $ 10,354.55 65,501.93 2,492.00 11,080.00 15,858.50 20,683.65 3,032.88 710,592.92 $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ 40,474.42 75,653.55 0.93 221.52 994.67 1,840.98 1.26 1.26 131.57 23.49 2,070.91 149.89 31.15 2.77 13.79 106.07 126.37 $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ 2820 38 200 55 30570 6660 810 32 437 1 80 4000 1150 195 24 LS LS SF SF CY CY LB LB LF LF EA LF EA CF SF SF TN LF STRUCTURAL Lateral Load Pile Testing Removal Of Existing Structures Class V Finish Composite Neoprene Pads Concrete Class IV (Superstructure) Concrete Class IV (Substructure) Reinforced Steel (Superstructure; Reinforced Steel (Substructure) AASHTO Type II Beams Expansion Joint Seal (Poured w/ Backer Rod; Bollards Fence (Special) (42' Fence (Special) (42" Hand Chipping & Patching Removal of Concrete Approach and Sidewalk Concrete Sidewalk Aluminum) Aluminum) Riprap Tern porary Rai SUBTOTAL 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 ,920.00 3,850.00 4,500.00 $ $ 70.00 4,500.00 $ $ 4,249.85 4,916.87 $ $ 77.27 4,916.87 $ $ 55 1 LF EA WATER/SEWER 2" HDPE Domestic Water Service (Include Fittings) 4"xI2" Hot Tap w/ Tapping Sleeve and Valve 3" HDPE SDR 11 (IPS) water main, including fittings and MJ adapters BID OPENING 27 28 11,132.00 $ 92.00 $ 10,199.09 $ 84.29 $ 121 LF main, including fittings water 29 ;:::;: 14" HDPE SDR II(DIPS) 3@ and MJ adapters 6,396.00 $ 78.00 $ 4,607.58 $ 56.19 $ 82 LF ::t:I:: 3:kM -->. 4,428.00 7,125.00 4,000.00 2,200.00 $ $ $ $ 27.00 75.00 2,000.00 1,100.00 $ $ $ $ 4,608.40 6,005.90 2,388.20 2,612.98 $ $ $ $ 28.10 63.22 94.10 ,1 ,306.49 $ $ $ $ 164 95 2 2 LF LF EA EA HDPE SDR 11 (IPS) water main directional bore C900 PVC DR18 Water Main (Include Fittings & stop 3 4 Testing) 3" Gate Valve 2"xI2" Service Saddle with Corp 32 33 34 -. < ~ I 00 o o o I tn o -- ~ ~ < z ~ ~ o ~ ~ ~ z o ~ ~ ~ < ~ ~ ~ ~ < ~ < ~ ~ u ... 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Eo-< rJl Eo-< Eo-< iIlOOZ tE !IT II- 3' - N M ""T on 'D t- oo 0\ 0 - N 'D 'D 'D 'D 'D 'D 'D 'D 'D t- t- t- Meeting Date:7 /17 /2008 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Accept a lO-foot wide Water Main and Utilities Easement conveyed by the School Board of Pin ell as County, Florida, over, across and under a portion of the Southwest 1;.4 of the Southwest 1;.4 of Section 2, Township 29 South, Range 15 East, in consideration of receipt of $1.00 and the benefits to be derived therefrom. (consent) SUMMARY: In October 2004 the City completed its Water Supply System Master Plan (Plan) that included a recommendation the City expand local water production. Pursuant to the Plan the City will install five new wells that are anticipated to increase water production by 1.25 million gallons per day (mgd). Four inactive permitted wells will be relocated, and three other wells will be rehabilitated to enhance capacity. The overall Wellfield Expansion project will be broken down into two phases: Phase I will be construction of the new wells that will go out to bid this summer. Phase II is still in design. It will include addition of a tenth well, relocation of the four permitted wells, and rehabilitation of three wells. This Phase of the project should be ready to advertise for bid and go to construction in Summer 2009. The subject easement will provide the City sufficient authority over and across the easterly boundary of Kings Highway Elementary School grounds to direction ally bore a six-inch raw water delivery line to interconnect the new wells to their respective water treatment plants. Review Approval: 1) Clerk Cover Memo Item # 32 Attachment number 1 Page 1 of 4 Return to: Earl Barrett Engineering Department City of Clearwater P. O. Box 4748 Clearwater, FI. 33758-4748 Parcel No. 02-29-15-00000-130-0300 WATER MAIN & UTILITIES EASEMENT FOR AND IN CONSIDERATION of the sum of One Dollar ($1.00) cash in hand paid to it, the receipt of which is hereby acknowledged, and the benefits to be derived therefrom, the SCHOOL BOARD OF PINELLAS COUNTY, FLORIDA C/O Real Property Management 11111 South Belcher Road, Largo, Florida 33773 (herein, "Grantor") does hereby grant, bargain and convey to the CITY OF CLEARWATER, FLORIDA, a Florida Municipal Corporation, (herein, "Grantee"), its licensees, agents, successors and assigns, easement for the purposes herein expressed over, under and across the following described land lying and being situate in the City 0 Clearwater, County of Pinellas, State of Florida, to wit: The East ten feet (10') of the followinCl described parcel of land: The Southwest % of the Southwest % of the Southwest % of Section 2, Township 29 South, Range 15 East, LESS the West thirty feet (30') for road right-of-way, Pinellas County, Florida, as depicted in EXHIBIT "A" appended hereto and by this reference made a part hereof. This easement is granted for water main installation and public utility purposes. The CITY OF CLEARWATER, FLORIDA, shall have the right to enter upon the above- described premises and to construct, install and maintain thereon and therein a subsurface six-inch (6") water main and appurtenant utilities, and to inspect, repair, alter and replace such water main and appurtenant utilities from time to time. Grantor hereby warrants and covenants with Grantee that Grantor is the lawful owner of the fee simple title to the herein described easement premises, that Grantor has full right and lawful authority to grant and convey this easement to Grantee, and that Grantee shall have quiet and peaceful possession, use and enjoyment of this easement. Grantee will coordinate all access to the easement and adjoining school site with Grantor's school site administration. It is expressly understood and agreed that Grantor reserves unto itself all rights of ownership of the easement premises not inconsistent with the easement rights granted herein. U:\Easemenls\SCHOOL BOARD KINGS HWY WM & UTIL EAS 0408.doc Item # 32 Attachment number 1 Page 2 of 4 Paae 2 - Water Main & Utilities Easement RE: Parcel No. 02-29-15-00000-330-0300 Grantor: School Board of Pinellas County Grantee: City of Clearwater, Florida The easement herein granted, and the covenants and restrictions hereby imposed, shall be easements, restrictions and covenants running with the land, intended where appropriate to bind the Grantor's property and to benefit the Grantee. Each person, firm or entity accepting a conveyance of the Grantor's property or any portion thereof, shall be bound by the terms, provisions or conditions of this Grant of Easement, as if said person, firm or entity were original parties hereto. IN WITNESS WHEREOF, the Grantor has caused these presents to be executed in its name by its undersigned duly authorized officers this t. 7~ day of \Y\O ' 2008. Signed, sealed and delivered In the presence of: B. o tock, Chairperson MAY 2 7 2008 WITNESS sig Print WITNESS e OMvt ~ WITNESS Signap:~ rYlt.J nr '!. Print WITNESS Name Attest: ~YL/ ~~~ Print naRle, t:-J-/l0~ //:- /t..-~d)<1 Title, ..i.d,,& ~,JJ??;JeiC-rJr:- : 55 ~TO!'F.i : . t\:l ~_ _ __ Boerd AttCiileys 0IIice STATE OF FLORIDA COUNTY OF PINELLAS The foregoing instrument was acknowledged before me this ~ day of ~ ,2008 by Nancy N. Bostock, Chairperson of the School Board of Pmellas County, Florida, , being duly authorized, executed the foregoing instrument on behalf of said school board, and ackno ~dged the execution thereof to be her free act and deed for the use and purposes herein set forth. €. My Commission Expires: Nota~ ,.,ublic - St of North Flori ..LJ.U.~~ ~.~ Type/Print Name [ ~ersonally Known [ ] Produced Identification Type of Identification Produced ....~\';it~ DEBORAH E. BEATY !.'ti~ Commission DO 744668 ~. !fj Expires February 23, 2012 ....a; ".~., llalclodThtuTroyFainl_8OO-38&-101Q Item # 32 Attachment number 1 Page 3 of 4 PaQe 3 - Water Main & Utilities Easement RE: Parcel No. 02-29-15-00000-330-0300 Grantor: School Board of Pinellas County Grantee: City of Clearwater, Florida STATE OF FLORIDA: : 55 COUNTY OF PINELLAS , The foregoing instrument was acknowledged before me this ;;{ 7 day of /~~ , 2008 by 01= frt ti)('IU->t.. ,Ex-officio Secretary of the School Board of Pinellas County, FI ida, whom, being duly au honzed, attested the execution of the foregoing Instrument on behalf of said school board, and acknowledged the attestation thereof to be hi2.....- free act and deed for the use C)nd purposes herein set forth. cY~"-i3.~ Notary Public - State of Florida fa. t'"V\.'e--lt'l... '0. ("..'t."'! 49 l1. ~ Type/Print Name My Commission Expires: ~-f.-:;'~:~ PAME\-A,B. MALONE =.: ~ CommiSSIon DO 662439 .. lJ Expires July 10, 2011 , '.... ~,' Bonded Thru TI'O'f Fain InIwInce 100-385-7011 [vf Personally Known [ ] Produced Identification Type of Identification Produced Share. Kings Hwy"easement Item # 32 ,. Attachment number 1 Page 4 of 4 Scale 1n-200' EXHIBIT "A" ~ This /s not a survey NORTH I OTTEN STREET ~ SANDY LANE a:: a ELEMENT ARY ~ SCHOOL CAROL YN LANE HEA VEN SENT z 0 I- SANDY Vl LANE KINGS HIGHWAY w ~ I RECREA TION CENTER SANDY LANE >- 33/02 <( ~ I Cl I II 10'--1 -- MARY L ROAD I 10' Water Main i E asemen t r ~' Vl I:!! Cl z KINGS I :;z IIII HIGHWA Y I, ELEMENTARY I TERRACE ROAD I SCHOOL I I 33/03 I I!!! . GROVE CIRCLE COURT 10' F AIRMONT STREET F AIRMDNT STREET I I I I r CITY OF CLEARWATER, FLORIDA ENGINEERING DEPARTMENT ..... BY LEGAL SKETCH .... lID. D. KING LGL2008-09 . CHEacm BY 10' WATER MAIN SIET E. BARRETT EASEMENT 1 OF 1 .AlE SECT-~ V18/2008 KINGS HIGHWAY 261~ ELEMENTARY SCHOOL N/A Attachment number 2 !I I~ (f) JOEL LA 0 ....J 0:: <( L() u (0 BENTLEY (V') I 0:: 0 OTTEN GR 10' WA TER MAIN EASEMENT HEAVEN SANDY LA SENT LA I I~I S MARY L RD I I I 0 z R KINGS <( TERRACE RD ~ HIGHWAY I I I I ELEMENTARY <.9 I SCHOOL FAIRMONT ST I I I FAIRMONT ST wi I~ PARKV\lOOD ST I I I ~ PARKWOOD ~ I S WOODBINE ST I I I~I <..9 <( WOODBINE I ~I I~ CJ) SPRINGDALE 0 0:: ST <.9 0:: -I I I I z <( SPRINGDALE 0:: ~ (01 1(3 OVERLEA ST N W~E Kings Highway Elementary Water Main Easement Prepared by: Engineering Department Geographic Technology Division 100 S. Myrtle Ave, Clearwater, FL 33756 Ph: (72~~;~~~:~~t~r2~~~6-4755 Map Gen By: SF Map Document: (V:IGISIEngILocatorrmaps"mxd) 6/3/2008 -- 9:20 AM Reviewed By: EB Date: 6/3/08 s ems~al~:21"=400' Meeting Date:7 /17 /2008 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Appoint Denise L. Rosenberger to the Airpark Advisory Board with the term expiring on July 31, 2012. SUMMARY: APPOINTMENT WORKSHEET BOARD: Airpark Advisory Board TERM: 4 Years APPOINTED BY: City Council FINANCIAL DISCLOSURE: Not required RESIDENCY REQUIREMENT: City of Clearwater SPECIAL QUALIFICATIONS: None MEMBERS: 5 CHAIRPERSON: Dennis G. Roper MEETING DATES: 1st Wed., 3 pm PLACE: Chambers APPOINTMENTS NEEDED: 1 THE FOLLOWING ADVISORY BOARD MEMBER(S) SEAT(S) NOW REQUIRE EITHER REAPPOINTMENT FOR A NEW TERM OR REPLACEMENT BY A NEW APPOINTEE. 1. Norma R. Carlough - 1756 Ashton Abbey Rd., 33755 - Retired/Business Mgt. Original Appointment 12/01105 Resigned - (Currently serving on the CDB) THE FOLLOWING NAMES ARE BEING SUBMITTED FOR CONSIDERATION TO FILL THE ABOVE VACANCIES: 1. Thomas D. Black - 2630 W. Grand Reserve Cir., Apt 816,33759 - USAFR / Aviation Industry 2. Edward O'Brien, Jr. - 3376 Femcliff Lane, 33761 - College Professor (Currently serving on the MAB) Cover Memo 3. Denise L. Rosenberger - 15 N. Meteor Ave., 33765 - Cust. Servo Agent/OPS Item # 33 Zip codes of current members on board: 1 at 33759 1 at 33765 2 at 33767 Review Approval: 1) Clerk Cover Memo Item # 33 .. Attachment number 1 Page 1 of 1 Name: Thomas D Black Home Address: 2630 W Grand Reserve Cir. APT 816 Clearwater, FL Zip 33759 Telephone: (727) 669-5756 Cell Phone: (505) 749-6969 CITY OF CLEARWATER - APPLICATION FOR ADVISORY BOA~CEIV[D (Must be Clearwater resident) MAR 0 7 2008 Office Address: 6225 Ulmerton Road Clearwater, FL OFFIClALRfCORDS Af~O U61SLATlVESRV'CS DEPf Zip 33759 Telephone: (727) 531-2080 E-mail Address:enmpsl@earthlink.net How long a resident of Clearwater? 1 year 3 months Occupation: USAFR / Aviation Industry Field of Education: M.S. Aeronautical Science B.S. Professional Aeronautics A.A.S Aviation Operations Employer: USAFR / National Aviation Academy Other Work Experience: FAA licensed pilot. FAA licensed mechanic manaqed fliqht school. owned & operated FAA testinq center, and worked for an airline. If retired, former occupation: NA Community Activities: Current member of the Civil Air Patrol Other Interests: Disk Jockey. Teachinq. Board Service (current and past): Board Preference: Additional Comments: Signed: .~ -;; -zU-- ~ {' Date: i /ll14~ [)OO~ See attached list for boards that require financial disclosure at time of appointment. Please return this appiication and board questionnaire to the Official Records & Legislative Services Department, P. O. Box 4748, Clearwater, FL 33758-4748, or drop off your application at City Hall, 2nd Floor, 112 S. Osceola Avenue. Item # 33 .. Attachment number 1 Page 1 of 1 BOARD QUESTIONNAIRE 1. What is your understanding of the board's duties and responsibilities? Oversee airpark operations, promote and foster a qood relationship with the community surroundinq the airport. 2. Have you ever observed a board meeting either in person or on C-View, the City's TV station? Yes 3. What background and/or qualifications do you have that you feel would qualify you to serve on this Board? I have a vast knowledqe of the aviation industry and excellent communication skills. 4. Why do you want to serve on this Board? I would like to be a part of the team that builds and maintains a qood rapport with the airpark's neiqhbors. Name: Thomas 0 Black Board Name: Airpark Advisory Council Item # 33 Attachment number 2 Page 1 of 1 .. MAR 27 2008 OFFICIAL RECORDS AN1:1; LEGlSlA:1Wf SRVCS DEPT City OF CLEARWA 1 ER - APPLlCA liON FOK ALJVISOKY I:3OAKDS (must be Clearwater resident) Name:_~~\ <:;e L - Kosen lo e~er Home Address: _lS "'. rYlefect2 ItJe C1eQrL~f-€'r Zip 337W5 Telephone: 7 ;;)7- q.<t-q-QO lei . How long a resident of Clearwater? .'S1 1\ Q.Q Occupation: ~g-~.f)e(l/. v\-~ loPs { Field of Education: flU'(!,16 bed 0 JXcr Office Address: "-uvmi/ld 6(t/c!- PIE (1jeQr/uJ~r Zip 337(b;) Telephone: 706)- 5Q<)- '2sx:53 ~?em~ 191?~ Employer: A-tL41,oni ^,', r- Other Work Experience: De1\:tr.JJ V\ss(1 t I RifQ~ r ~UsV~ I A rt~rt- (jP5. (h9fl. d 7 rxaJ !/--{J- sJodfs If retired, former occupation: 4J / It Comm~nity Activities: FIJ~ :Xx.j8-y_ COU/715eliYL, /If rmCL(. k0~ 7- Sclro ICL( ;}~r [) Aaa ~ o;q S .- I 11 t~ /U/YU6J c!o Other Interests: h bt<. OAA J JJrr tuv.. {'t:'IJ(~~A)Ci~ eo, IJ //;(2 /; (/J~ Cjv1di ) Board Service (current and past): Board Preference: ~aL ~O{~ Additional Comments: Signed: .~4b~ c;t~ Date: 3/dl/(/8 . See attached list for boards that require financial disclosure at time of appointment. Please return this application and board questionnaire to the Official Records & Legislative Services Department, P. O. Box 4748, Clearwater, FL 33758-4748, or drop off your application at City Hall, 2nd Floor, 112 S. Osceola Avenue. Item # 33 Attachment number 2 Page 1 of 1 . BOARD QUESTIONNAIRE 1~ Wh\~ is your under~tanding of the boardi~~i~S and re{sponsibilit~eS? 10 llJ.-if'ad /e~4-R dOmmu4;fl'M, cuAjlcJ IUtafi:J ,( Jc" Us-~ -m a~ Wt/lk, Q4 tLd C7a.t c/ 7() / I . M-PaiJ 6UcJJ>r/J~,-:J/'(x:;U7vn4 7!i /3 s~ (!Ch1{JbzmI!tJ ~&it/w/(!{Jrnm~ V#J oi:4t. 2. Have you ever observed a board meeting either in person or on C-View, the City's TV station? ~f;J, JI,ft, !1Jh/J1f1hcl fJ:,p (l(/2fJCt)- (MrJ;~ /)'U.t~ -+ ft.v".. a 1>>-< ) ~ I::bo ~oI )??<< f7'7'-,! (7V 71/ 3. What background and/or qualifications do you have that you feel would qualify you to serve on this Board? T Q/J77 a CtJrry. {)/k;j, J Pt.cuMoI cd (!{Iu ,*Plc, r , I Wctko! c:w <'3;.5 7?7C24'X2~ aJ CkPPU (i) C!W'lLjl/c T{#/WI ~ ({,~Z~ ~ ~4J'oK-C7l'fj.}(!(tU X Uo-( tAJ;d f/~ a I~ of 4-e ~)(~ 4. Why do you want to serve on this Board? J(,,i .b~,( J 7d & Ot t:U(jJ(VM ~ ;/7~ I -f4 Wn~d. ~~evj~ a4cdWY; do .A 04. MA- a {)/~L {)/Ytc!1o J1.e C&m/7UtML{f + fkcIJu VI- ~~. Name: 'D&rUse [. /4;S01 heY(Sf>.y" Board Name: ~! Oottf;~_t3va(aL Item # 33 .... Attachment number 3 Page 1 of 1 CITY OF CLEARWATER - APPLICATION FOR ADVISORY ~~~NED (must be Clearwater resident) (' ^ J - \ i2 .- . .~ DEe 13 2I1Jl Name: c. r.J\...uO'-'-C I (0 u f... '" e '/\.J I .) r\ Home Address: .7 "< 7 1.- ~j; .~.'1 .J) v l-*'~If LP~, ~ Zip5J7~f Telephone: Et~7Y,T/::~ y Cell Phone: . 27. Lt(, (')~ I" 7 Office Address: OFFtC.IALA,lCOROS ANt> JeGtStAlIV.E SRVCS Df:"" Zip Telephone: E-mail Address: cFo f5 l n 7-.....~ E:;I H r /.~ C '~/-'VJ.. How long a resident of Clearv:'at~r? _I 7 f~'~l.J( 1\ . ~ p:~~ Occupation: .. 1'. .....Lf Field ol.Education: (--='-1-- J..,t r; I !ilJ I /) v ;0 VV11. Employer: 5tr: P oj 0 C OJ,..p Other Work Experience: 5-91 Ff-yc~ ! c;: ..--- : Ul tr ,-- ) If retired, former occupation: crmunitYActivities:~~ CLeJ~~ · ~it,~ . J eM/' ( .i: O,.S' ._ r~ -t J L . _ ~ '-\. ~~. .l")..,...........'(,,,. _ Other Interests: j;-h\r*~~ Kr.L Kg 2 !. {y; . Board Service (current and past): Board Preference: l"-'{.' ~ &2- ?J. cu~ I ." ~ .J J2.Jp. v .. . ')1l.-:_A. Additional Comments: Signed: Qkr' r1~ ~. , Date: I '<-.. }) () / C> 7 I I ,. See attached list for boards that require financial disclosure at time of appointment. Please return this application and board questionnaire to the Official Records & Legislative Services Department, P. O. Box 4748, Clearwater, FL 33758-4748, or drop off your application at City Hall, 2nd Floor, 112 S. Osceola Avenue. Item # 33 '" Attachment number 3 Page 1 of 1 BOARD QUESTIONNAIRE 1. What is your understanding of the board's duties and responsibilities? To j,QA,,;l f;~L,/~J,;;,t:t7.Yl ~ (?!s "~~ :t1J ~ ~~ 2. Have you ever observed a board meeting either in person or on C-View, the City's T~ station? JJ:i ~ k~,,< I /1tl.w,~ all LJ I- ~~ -Zf ~J ''''rRJ dj. C- V ~ 3. What background and/or qualifications do you have that you feel would qualify you to serve on this Board? J +1 g, ~ 1 1-'"' / J -'~ 1>> ~ -;L~. V/:JJ), ~ n ,.I) ~ r"~ 'f~~ J5iJ I'I~ J'7 ,~J/.j.,v ~ ~J--,-- tL- ~/hA . 4. Why do you ttVant to serve on this Board? If ~ JJ) ~L-7 --+P Name: a ~ (l v~'-A , /'"1:' a' J, V \..u-- ~ I Av;cdslG: h. Board Name: \ Item # 33 Meeting Date:7 /17 /2008 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Appoint Captain Mark Teunis from the City of Clearwater Police Department to the Enterprise Zone Development Agency to "complete a term" until July 31, 2009 and reappoint Rick DeBord from the City of Clearwater Community Response Team to the Enterprise Zone Development Agency with the term expiring on July 31, 2012. (consent) SUMMARY: BOARD: Enterprise Zone Development Agency TERM: 4 years APPOINTED BY: City Council FINANCIAL DISCLOSURE: Not Required STAFF LIAISON: Diane Hufford MEMBERS: not fewer than 8 or more than 13 CHAIRPERSON: MEETING DATES: as called APPTS. NEEDED: 2 Categories to be represented: 1) Local Chamber of Commerce; 2) Local financial or insurance entities; 3) Business operating in the Area; 4) Resident residing within the Area; 5) Non-profit community based organization operating within the Area; 6) Local Private Industry Council; 7) City of Clearwater Community Response Team; and 8) City of Clearwater Police Department THE FOLLOWING ADVISORY BOARD MEMBER(S) HAVE TERMS WHICH EXPIRE AND NOW REQUIRE EITHER REAPPOINTMENT FOR A NEW TERM OR REPLACEMENT BY A NEW APPOINTEE. 1. Captain Anthony Holloway - 645 Pierce Street, 33756 - Original Appointment in 2003 Left city, was serving 1st term until 07/31/09 City of Clearwater Police Department 2. Rick DeBord - 831 Padua Lane, 33756 - Original Appointment 10/05/2006 Interested in Reappointment: Yes (finishing a term 07/31/08) City of Clearwater Community Response Team THE FOLLOWING NAMES ARE BEING SUBMITTED FOR CONSIDERATION TO FILL THE ABOVE V A~~: 1. Captain Mark Teunis - 645 Pierce Street, 33756 Item # 34 City of Clearwater Police Department 2. Rick DeBord - 831 Padua Lane, 33756 City of Clearwater Community Response Team Zip Codes of current members on board: 6 at 33755 1 at 33756 1 at 33762 Review Approval: 1) Clerk Cover Memo Item # 34 Attachment number 1 Page 1 of 1 CITY OF CLEARWATER ENTERPRISE ZONE DEVELOPMENT AGENCY APPLICATION tr't;~,q"'<ttE il\ liE f"ii. !rC'_;~'c. ~~7 r:: ,;~ 'rfl r JL.)~ Name: Mark Teunis Home Address: JUN 11 2008 Office Address: 645 Pierce Street OFFiCiJ\L RECORDS ,4.ND LEGISLATiVE SRVCS DEFT Zip Clearwater, Florida 33756 Telephone:562-4160 Telephone: How long a resident of Clearwater? N/A Occupation:Police Captain Field of Education: MSA & SA in Manaaement Employer:Clearwater Police Department Other Work Experience: 26 years with CPO If retired, former occupation: Community Activities: Other Interests: Board Service (current and past): Board Preference: Additi~" Signed: Categ . ry Applying For: - - =-- (_)Local Chamber of Commerce (_)Local financial or insurance entities (_)Business operating in the Area (_)Residents residing within the Area (_)Non-profit community based organizations operating within the Area Date: ~ r ~~ I~ I (_) Local Private Industry Council (_) City of Clearwater Community Response Team eX) City of Clearwater Police Department Financial Disclosure may be required at the time of appointment. PLEASE RETURN THIS FORM TO: Official Records & Legislative Services Dept., P. O. Box 4748, Clearwater, FL 33758-4748 Item # 34 Attachment number 1 Page 1 of 1 BOARD QUESTIONNAIRE 1. What is your understanding of the board's duties and responsibilities? _ The board was created by city ordinance 1998. The board reviews the EZ incentive applications and promotes the proqram. 2. Have you ever observed a board meeting either in person or on C-View, the City's TV station? No 3. What background and/or qualifications do you have that you feel would qualify you to serve on this Board? Emplovee with the Police department for 26 years 4. Why do you want to serve on this Board? City ordinance requires a representative from City Police Name: Captain Mark Teunis Board Name:_ Enterprise Zone Development Aqency Item # 34 Attachment number 2 Page 1 of 1 Nama < t< ":D ,a")<') rd. CITY OF CLEARWATER ENTERPRISE ZONE DEVELOPMENT AGENCY APPLICATION Home Address: ~3' P~clUA Ll'-l C.L~ f\,-wI'\T~r- Telephone: S-(g()- 4'7.:tg Office Address: Zip:$37 S& /tJO S m,/rTLe... I4ve. C LeArWAT<:r Telephone: ~c::l- r 78'i? o /)1.L)\\.:Sll>........:l,,) Employer: CITII Dr CLeAr~t:r ( Other Work Experience: Wl,tJ HevS"/H] ,. fY/r:"tA.L <pJ FrftfYMH-oI.'j 'brfwALL Zip3375"g:' How long a resident of Clearwater? o? v/'5 ( Occupation: Cde:.. , NSp<.C. Tor Field of Education: J-I'7 h. 5"L h. DO L, r:'"J4c.<..; /13~c....<:'" 5oU\",""NoJ ~Vl LJ,vS ~oJe. If retired, former occupation: Community Activities: .S:'l/"lIc). Gt.o-.l TItL. c.../Tj of OLJ'!:./l'IAr A~"rt~T B~cI ll()/.'/AJ~~f~Foi rl)~ TI4.{.r-, n,c ~/"AY~AU'" ZTJ9.~2... 7JArPr}R~", 0."( CoO.......,- __oJ <;JAr/", I , . Other Interests: ,Ti.6h'Nf) '). t/'A./f 1j'C'J\utl(Nf Ti,.,~ tAJrfA ;14_11-)/ ANJ .nr.,Vt'u../ ~"'''''''S"cN. Board Service (current and past): Board Preference: C ,-r-y tJr OLdSn-tA(" S ~ 'no..~.....~t-l'-:~(d7 Trl.lsTe-€- L30A(6) ()...l ~~,JIfC.\.-...._ Signed: Category Applying For: (_)Local Chamber of Commerce (_)Local fina,ncial or insurance entities (-,-)Business operating in the Area (_)Residents residing within the Area (_)Non-profit community based organizations operating within the Area Date: (_) Local Private Industry Council (_) City of Clearwater Community Response Team (_) City of Clearwater Police Department Financial Disclosure may be required at the time of appointment. PLEASE RETURN THIS FORM TO: Official Records & Legislative Services DepnECEIVED P. O. Box 4748, Clearwater, FL 33758-474~ . 'co. I). 2006 !', '"J l.....t~:L JFFICIAh J.<ECQRPAi AND i.EG'SIA~WflS~s DEPT Attachment number 2 Page 1 of 1 BOARD QUESTIONNAIRE 1. What is your understanding of the board's duties and responsibilities? ~6r~''-'1 \L.>I'1""k res ItJ ell.l"'cr ;. B. )(;, N......5...... . 2. Have you ever observed a board meeting either in person or on C-View, the City's TV station? Yes 3. What background and/or qualifications do you have that you feel would qualify you to serve on this Board? WDrt.<lN<;F?Jr (h~ f11 y' 7/? I'll N "'I 7 I:f~ ~ cJ~~rT""'c,"/''3 W,T... ,t.-I CITl/ b F C,- ....tQr..uAT"c.r r'Dr dO\J r S I ' c:::nde fN<f~c...T,.r ."Q^-J,j WOr~{N/ '-UII'" aLL JQ t-J.c:P OvT~ t d c. -n,., <f!!. c( TV p:1 1"4 J ,T~ r e/ / j~J.J t.:"s r <\ ..,J b,)~ / Ml~ <Sc:.5 4. Why do you want to serve on this Board? ~t.-L../~;5 )4:5 k'€'J ,0 re..pLIAc...~ LA CD ~orf..ler ,q~ TODd H,li::I\J), /hI=rr 5erl/<J. aN ""~'u<;; &ArJl Board Name: Item # 34 Meeting Date:7 /17 /2008 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Approve submitting the following nominations for the Florida League of Cities Excellence A wards: Clearwater for City of Excellence, Pam Akin for City Attorney of the Year and Doug Williams for Citizen of the Year. (consent) SUMMARY: Review Approval: 1) Clerk Cover Memo Item # 35 Meeting Date:7 /17 /2008 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Approve a settlement of the case of Brenda Zega v. City of Clearwater, et aI., Case No.: 07 -4286-CI -11. SUMMARY: Action was brought against the City for injuries to the plaintiff, Brenda Zega, resulting from a motor vehicle accident involving her vehicle and a City Truck. The parties participated in mediation, per court order, on June 17, 2008. The proposed settlement provides for a cash payment of $35,000.00 to the plaintiff in exchange for a full release from all liability. Type: Current Year Budget?: Operating Expenditure Yes Budget Adjustment: None Budget Adjustment Comments: Current Year Cost: Not to Exceed: For Fiscal Year: $35,000.00 Annual Operating Cost: Total Cost: $35,000.00 10/01107 to 09/30/08 Appropriation Code 0-590-07000-545900-519- 000-0000 Amount $35,000.00 Appropriation Comment Bid Required?: Other Bid / Contract: No Bid Number: Bid Exceptions: None Review Approval: 1) Clerk Cover Memo Item # 36 Meeting Date:7 /17 /2008 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Approve a settlement agreement in the case of Wendy Cason v. City of Clearwater, Case No. 06-6654-CI-15, in the amount of $74,999.00 and authorize officials to execute the agreement. SUMMARY: On October 10,2006, the City was served with the lawsuit, Wendy Cason v. City of Clearwater, Case No. 06-6654-CI-15. Ms. Cason is a female Fire Lieutenant who is claiming discrimination based on gender. The City has received an offer of settlement in this case for the amount of $74,999.00. Our cost of litigating this matter through trial is projected to exceed the amount requested to settle. Funding for this settlement in the amount of $74,999 will be provided for by a third quarter budget amendment appropriating funds from General Fund retained earnings. Type: Current Year Budget?: Operating Expenditure Yes Budget Adjustment: Yes Budget Adjustment Comments: Current Year Cost: Not to Exceed: For Fiscal Year: 74999.00 Annual Operating Cost: Total Cost: 74,999.00 10012007 to 09302008 Appropriation Code 0-01 0-09600-534000-514- 000-0000 Amount 74,999.00 Appropriation Comment Review Approval: 1) Clerk Cover Memo Item # 37 FAX TRANSMISSION KWALL. SHOWERS & SARAeK. P.A. 133 N. Ft. Harrison Avenue Clearwater, Florida 33755 (727) 441--4947 Fax: (727) 447.3158 To: Thomas Gonzalez Date: May 29, 2008 From: Ryan D. Barack Fax No.: 813-273-0072 No. of pages: ~. including cover sheet Re: Wendy Cason v. City of Clearwater. FL Please see the attached. NOTICE OF CONFIDENTIALITY THE CONTENTS OF THE ATTACHED DOCUMENTS MAY BE CONFIDENTIAL UNDER THE RULES OF THE FLORIDA SUPREME COURT, AS WEll. AS APPUCABLE FEDERAL AND STATE LAWS. THESE DOCUMENTS MAY ALSO BE PROTECTED AS PRMl.eGEO AND CONFIDENT1A1. INFORMA.TION BASED UPON THE ATTORNEY- CUEHT PRMLEGE. THESE DOCUMENTS ARE INTENDED FOR THE ADDRESSEE ONLY AND ANYONE RECEIVING THESE DOCUMENTS IN ERROR ARE DIRECTED TO NOT READ lHEM. THE DOCUMENTS SHOULD BE RElURNED TO THE LAW OFFICES OF KWALl., SHOWERS, COLEMAN & BAAACK., P A Page 1 of 4 Item # 37 "'....,. ,~, L\.JVV ~I'LJ'''H KW ALL, SHOWERS & BARACK, P.A. A ITORNEYS AT LAW LOW KW ALL .- GRIGORY K. SHOWERS RYAND. BARACK..... JEANBA YDEN KWALL. .. ~UO ADMlT'TED IN PENXSYLV ANlA - CERTJJ'II:D CDlCUIT COtJRT MEDIATOR + BOAJlD CERTIFDJ) lABOR & EMPLOYMENT l.A. WYf...R May 29, 2008 VIA FACSIMILE (813) 273~OO72 & U.S. MAIL Thomas M. Gonzalez Thompson, Sizemore. Gonzalez & Hearing. P.A. 201 North Franklin Street, Suite 1600 Tampa. FL 33602 Re: Wendy Cason v. CiW of Clearwater. FL Case No. 06-6654-CI-15 Dear Tom: " P'age 2 of 4 133 NORlD IT. RAJUUSON A VENUI: CLEAllW A TDl, noRmA JJ7SS (717) 4-4."'''' TAMPA{a)3)~a FAX (727) .47-3158 Please convey the following settlement offer to the City Council. If you or they have any questions. please contact me immediately. Thank. you for your attention to this matter. RDB/jIm Enclosure Item # 37 , . Pa'ge 3 of 4 IN THE SIXTH JUDICIAL CIRCUIT IN AND FOR PINELLAS COUNTY, FLORIDA CIVIL DMSION WENDY CASON Plaintift', v. Cue No. 06-66S4-CI-15 CITY OF CLEARWATER, FLORIDA Defendant. I CASON'S PROPOSAL FOR SETI'LEMENT Plaintiff Wendy Cason ("Cason')t by and through her undersigned counsel and pursuant to Florida Rule of Civil Procedure 1.442 and ~ 768.79t Florida Statutes, hereby makes the following proposal for settlement to Defendant City of Clearwater ("Clearwater''): 1. 1bis proposal is attempting.. to." resolve all claims assened by Cason against Clearwater in the above captioned matter. 2. The total monetary amount of this proposal for settlement is Seventy-Four Thousand Nine Hundred Ninety-Nine Dollars and No Cents ($74,999.00)t inclusive of a11 costs and attorney's fees incurred by Cason to datet which are a part of the legal claim. 3. The relevant conditions of this proposal for settlement are as fonows: a. This proposal shall be deemed rejected unless Clearwater accepts by delivery of a written notice of acceptance within the time provided by Fla. R. Civ. P. 1.442. No oral communications sha.ll constitute an acceptance, rejection or counter.offer ooder the provisions ofFla. R. Civ. P. 1.442. b. Cason intends for this proposal to be immediately enforceable through Item # 37 C . pa'ge 4 of 4 entry of judgment upon Clearwater's valid acceptance of this proposal in accordance with its provisions. 4. No amount is proposed herein to senle claims for punitive damagesJ however and notwithstanding, acceptance of the Proposal of Settlement shall extinguish all such claims for punitive damages. yan . Florid KwaIl, owers & Barack~ P.A. 133 North Ft. Harrison Avenue Clearwater. Florida 33755 Tel: (727) 441-4947 Fax: (727) 447.3158 Attorneys for Plaintiff CERTIFICATE OF SERVICE I HEREBY CERTIFY that a copy of the foregoing has been served via facsimile and regular U.S. Mail this 291h day of May 2008 on: Thomas Gonzalez, Esquire Thompson, Sizemore, Gonzalez & Hearing, P.A. 201 North Franklin Street, Suite 1600 Tampa, FL 33602 (813) 273-0072 Fax 2 Item # 37 Meeting Date:7 /17 /2008 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Approve a settlement agreement settling the case of Christina McNeil Tracey and Anchor Mini-Mart, Inc. v. City of Clearwater, Case: 07-6034-CI-15. (consent) SUMMARY: All parties participated in mediation, per court order, on May 14,2008. A proposed settlement agreement was reached, subject to approval by the City Council, that includes the following terms: 1. Within six months of the date this settlement agreement is approved by City Council, the City, at no expense to plaintiffs, will alleviate all drainage problems alleged by plaintiffs to have been caused by the City's construction adjacent to the front and rear of plaintiffs' property. Plaintiffs will provide the City all necessary rights of entry to enter upon plaintiffs' property to implement this cure and will provide the City a non-exclusive drainage easement necessary to install and maintain the drainage inlets and pipes on plaintiffs' property. The City will reestablish plaintiffs' parking area and construct a drop curb along the entire frontage of plaintiffs' property and Coronado Drive. The City will remove all obstructions under their control from the area where the drop curb will be placed. 2. The design to be implemented by the City in this case to alleviate the drainage issues will be subject to the approval of the plaintiffs' engineer. Approval of said design plan shall not be unreasonably withheld by plaintiffs or plaintiffs' engineer. 3. The City will pay to plaintiffs the sum of $400,000.00 in full settlement of all claims for compensation, inclusive of all attorneys' fees and costs of any kind, within thirty (30) days following completion of the cure. Funding for this settlement in the amount of $400,000.00, plus an additional $100,000.00 for the drainage and parking modifications, will be provided for by a third quarter budget amendment with debt savings on the Beach Walk loan in the Non-Departmental program of the general fund. Type: Current Year Budget?: Operating Expenditure None Budget Adjustment: None Budget Adjustment Comments: Current Year Cost: Not to Exceed: For Fiscal Year: $400,000.00 Annual Operating Cost: Total Cost: 400,000.00 10/0112007 to 09/30/2008 Appropriation Code 0-010-07000-530100-519- 0000 Amount 400,000 Appropriation Comment Review Approval: 1) Clerk Cover Memo Item # 38 Meeting Date:7 /17 /2008 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Approve filing a third-party complaint against Post, Buckley, Schuh & Jernigan, Inc. (PBS&J) for contribution, indemnification and related causes of action for alleged wrongful design and/or construction of the Coronado Drive Improvement portion of the Beach by Design project in the case of Divaco, Inc. v. City of Clearwater, Case: 07-2045-CI-15. (consent) SUMMARY: Divaco, Inc. alleges that the City destroyed and/or interfered with their ingress/egress to Coronado Dr. by removal of Plaintiffs driveway and replacement of a curb at 455 South Gulfview Blvd. during the construction of Beach Walk. The City is currently pursuing contribution and/or indemnification from Post, Buckley, Schuh & Jernigan, Inc. (PBS&J) for alleged wrongful design and/or construction of the Coronado Drive Improvement portion of the Beach by Design project as it abuts the Tracey property. Staff recommends that PBS&J be sued as a third party defendant in the Divaco case so contribution and/or indemnification may be sought within the context of the ongoing Divaco case. This suit will be pursued in-house unless it becomes apparent that outside counsel is necessary for reasons of subject-matter expertise, at which time the City Attorney will request Council approval to hire any outside counsel. Type: Current Year Budget?: Budget Adjustment Comments: Current Year Cost: Not to Exceed: For Fiscal Year: Operating Expenditure None Budget Adjustment: None $500 500 10012007 to 09302008 Annual Operating Cost: Total Cost: Appropriation Code 0-010-09600-548000-514- 000-0000 Review Approval: 1) Clerk Amount 500 Appropriation Comment Cover Memo Item # 39 Meeting Date:7 /17 /2008 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Adopt a proposed millage rate of 4.9550 mills for fiscal year 2008/09 and set public hearing dates on the budget for September 4, 2008 and September 18, 2008 to be held no earlier than 6:00 p.m. SUMMARY: In accordance with the Truth in Millage (TRIM) process, the City Council must adopt a tentative millage rate and set public hearing dates prior to finalizing and adopting the budget. This information must be provided to the Property Appraiser by July 30, 2008. The Property Appraiser includes this proposed millage rate and the public hearing dates on the TRIM bill notices mailed to taxpayers in August. This tentative rate cannot be increased without first -class mailing to each taxpayer at the expense of the City of Clearwater, not less than 10 days and not more than 15 days before the final public hearing. The City Manager's recommended millage rate is 4.9550 mills. This rate is 4.3% less than the majority millage rate of 5.1785, which is the highest millage rate that the Council can set with a majority vote. The majority rate is bascially the highest rate an agency can set and comply with the requirements of Amendment 1. The rolled-back rate is the millage rate that will provide the same property tax revenue as was levied the prior year. If the proposed rate of 4.9550 mills is adopted, the City's ordinance adopting the millage rate will reflect a 6.13% decrease from the rolled-back rate of 5.2787 mills. Options for establishing the millage rate and an estimated impact on the 2008/09 property tax proceeds are attached. Other options for setting the millage rate are noted below: 4.9550 mills 5.1785 mills 5.2787 mills 5.4979 mills - Proposed millage rate - Majority vote - Rolled-back rate (super majority) - Rolled-back rate adjusted for growth (super majority) Review Approval: 1) Clerk Cover Memo Item # 40 $..c: ~~ ..II: ... ~ Cl .c ... .E ....!.. 0:C c:: III - CLl Cl "'C ::::J OJ Ol S2 110 o o N CLl - ;>,Ill :!::c:: ... a CLl ...... Cl III III :2:;- :2:; ...$ III III CLlC:: >- CLl o Cl .;:: ..!!! 0.:2:; OJ I'- C"0 OJ OJOJL!)"<t "<tL!)..--1'- L!)OJ<DOJ L!) I'- L!) ..-- I'-L!)"<tl'- OOI'-<D"<t "<tOJ<DOO ..--L!)<DOO "f;""""---m ..-- CLl - III ... ..II: o III .c OJI'-C"0OJ OJOJL!)"<t "<tL!)..--1'- L!) OJ <D OJ- L!)I'-L!)..-- I'-L!)"<tl'- 00 I'- <D "<t- "<tOJ<DOO ..--L!)<DOO "f;""""- --- --- C])- ..-- L!) L!) OJ "<t CJ) '"" r::::- v ~~~~ L!"i~~-~- C"00i:'! "<t..--C"0 L!) L!) I'- 00 I'- i:'! 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"<t..t C"0M C"0 M_ ..-- ..... en III -a CLl Q) ::::J Q) iii III U > CLl e ::::J 0.. Cl iii OJ r::: > :;::; 9 III ~ ..c: .;;: Q) o co lIO_ N 110 1'-_ Attachment number 2 :6 Page 1 of 1 o It) It)_ 110 M co_ ..... It) I'- Ol M_ IlO It) co_ o It) It) I'- Ol_ ..... I'- "<t_ 110 "<t co o M_ Ol It) 1'-_ It) "<t 2008/09 - Proposed Program Reductions General Fund Tier 1 - Belt Tightening Reductions FTE Attachment number 3 Page 1'/c1f742008 Annual Budget Eliminate Beach Walk annual debt Change in Police Take Home Vehicle policy Training/travel- budget reduction of 20% across all departments Memberships/subscriptions - budget reduction of 20% across all departments Savings in annual worker's compensation costs Savings in annual property/liability insurance costs Payment in lieu of taxes - Parking Fund SAMP GWI % (reduce to 2.5% vs 4%) SAMP Attrition: (Managerial Efficiencies) Emergency Operations Manager Other Positions Police overtime Close OCB substation (N. Ft. Harrison) Fire overtime Fire - reducing combined annual step/GWI increases by 3% Budget a 1 % salary savings Development Services - 5% increase in Business Receipt Taxes P & R - Revenue Enhancement - increase sports tournament charges P & R - Light savings energy - Fee for user groups P & R - Revenue Enhancement - increase non-resident rates and eliminate discounts P & R - Revenue Enhancement - increase camp fees Increase in energy costs Increase in fuel costs Subtotal 1.0 3.0 4.0 315,000 50,000 146,560 45,000 291,000 650,000 255,000 166,000 89,000 325,000 500,000 10,000 250,000 350,000 600,000 100,000 20,000 55,550 115,000 50,000 (600,000) (500,000) 3,283,110 Tier 2 - Service Level Reductions Due to Slowing Economy Development Services - Neighborhood Services Liason Library - Technical Services outsourcing Library - Webmaster P & R - Revenue Enhancement - increase playpass by 10% P & R - Special events reductions in cash & in kind services P & R - Reduce cash contributions to AALC and PACT by 10% P & R - Landscape Architect P & R - Cultural Affairs - Recreation Specialist P & R - Recreation Programming - Staff Assistant P & R - PPT Staff Assistant Public Communications - Reduce programming levels for C-VIEW P & R - Reduce landscape maintenance levels Library - East Library - one shift Library - Countryside Library - one shift P & R - Reduce hours of operation at the aquatics centers Library - Main Library - one shift P & R - Reduce hours of operation and programming at City Recreation Centers P & R - Reduce supervisor effort on landscape teams P & R - Trails Team - PST II Development Services - Development Review Technician Library - Programming/Galleries P & R - Athletic Office - Reduce services and hours of operation to public P & R - Recreation Support Technician - special events Jolley Trolley service on Clearwater Beach Police - Property Clerk Police - Crime Analyst Police - close front desk at midnight Police - Information Supervisor in Records Subtotal 1.0 1.0 1.0 1.0 1.0 1.0 0.5 2.0 4.5 4.5 3.3 8.0 7.3 2.0 1.0 1.0 1.0 1.0 1.0 1.0 1.0 2.0 1.0 48.1 53,910 52,110 57,980 25,000 57,370 57,420 51,390 50,670 34,560 24,130 77,960 103,200 163,670 165,780 123,930 346,380 297,750 117,700 44,300 41 ,350 67,460 42,630 42,820 150,000 35,870 61,580 102,700 2,~~N~ 10 TIer.a..-..Servlce..LeveI..Reduction...Options Tampa Bay Partnership Chamber of Commerce - tourism contract Beach Chamber of Commerce - tourism contract Pinellas Coalition of Homeless Harborview Center subsidy Library - meeting room closure Library - Teen room closure Library - close Beach library Library - close North Greenwood library Library - close East Library P & R - Reduce maintenance effort at athletic facilities P & R - Eliminate holiday lighting Police - Professional/Contractual Services Beach guard program - level of service Lobbyist services Police - Community policing Police - PST Supervisor (TRU) Police - PST Supervisor (Crash) Police - TRU - 5 PST's Police - Information Technician in CID Police - Communications Operations Supervisor Police - Office Specialist Attachment number 3 Page 1/c1f742008 50,000 190,000 46,000 19,400 342,240 1.0 65,630 1.0 41,260 1.5 106,890 3.5 325,580 11.5 627,630 3.4 154,550 25,000 70,000 700,000 135,550 6.0 384,000 1.0 72,110 1.0 70,570 5.0 295,000 1.0 33,690 1.0 75,350 1.0 38,990 Subtotal 37.9 3,996,440 Total 90.0 9,778,370 Item # 40 Attachment number 3 Page j"/c1f742008 Cumulative Total 3,447,110 3,586,900 3,638,290 3,723,520 3,747,650 3,825,610 3,928,810 4,092,480 4,258,260 4,728,570 5,026,320 5,144,020 5,188,320 5,297,130 5,339,760 5,382,580 5,532,580 5,568,450 5,630,030 5,732,730 5,781,930 Item # 40 Attachment number 3 Page 4/c1f742008 5,831,930 6,021,930 6,067,930 6,087,330 6,429,570 6,495,200 6,536,460 6,643,350 6,968,930 7,596,560 7,781,110 7,806,110 7,973,110 8,673,110 8,808,660 9,192,660 9,264,770 9,335,340 9,630,340 9,664,030 9,739,380 9,778,370 9,778,370 Item # 40 1~1 /o~ \\.\ City of Clearwater For 2008/09 Budget Year Non-Homesteaded Property Owner City Tax Bill Adopted Proposed 4.6777 mills 4.955 mills Taxable Value 2007 2008 75,000 * 350.83 371.63 100,000 * 467.77 495.50 150,000 * 701.66 743.25 250,000 * 1 ,169.43 1,238.75 300,000 * 1,403.31 1,486.50 500,000 * 2,338.85 2,477.50 750,000 * 3,508.28 3,716.25 850,000 * 3,976.05 4,211.75 1,000,000 * 4,677.70 4,955.00 Savings 4.6777 mills 2008 Savings -20.80 350.83 -27.73 467.77 -41.60 701.66 -69.33 1 , 1 69.43 -83.19 1,403.31 -138.65 2,338.85 -207.98 3,508.28 -235.71 3,976.05 -277.30 4,677.70 Meeting Date:7 /17 /2008 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Receive and consider report of Chase Realty, Inc., with Wm. Mark Searcy as Agent, of the results of the firm/agents efforts to identify and propose suitable parcels, including letters of intent to sell said suitable parcels, for City purchase and development of a 300 space parking garage on south Clearwater Beach. SUMMARY: At its March 6, 2008 meeting Council directed the City Attorney to prepare a Request for Proposals from licensed real estate brokerage firms and agents for the purpose of selecting a firm and agent to attempt to assemble land suitable for development of a 300 space public parking garage on South Clearwater Beach. RFP/RFQ 18-08 was issued on March 24, 2008 in response to that direction. Among other matters, the RFP/RFQ required that respondents consider and address the following tasks, provide their qualifications to undertake the requirements, and submit a time and fee proposal to accomplish same: a. Identify optimum locations and parcels required for the proposed project b. Confirm ownership and title status of the various properties c. Conduct discussions and negotiations with the respective owners d. Secure Letters of Intent to Sell, including specific terms and conditions of sale e. Deliver executed Purchase and Sale Contracts to the City for Council action f. Assist City with all pre-closing requirements of each Contract g. Oversee vacation of all properties prior to closing. h. In the event the proposed assemblage is unsuccessful, prepare a market study detailing conditions contributing to the lack of success in assembling the lands The RFQ/RFP generated eight responses by the April 23, 2008 deadline, one of which was not responsive to advertised requirements. The seven responsive proposals were received and reviewed by a 5-member Staff Evaluation Committee. Chase Real Estate, Inc.,with Wm. Mark Searcy as Agent, was ranked highest by the Committee. The City Council, at it's May 15,2008 meeting authorized staff to negotiate a contract with Chase Realty/Mark Searcy to complete the aforementioned engagement. The Agent was to complete work and report to the City Council at it's June 19th meeting all proposed parcels, with contracts no later than July 1st. At the June 19th Council meeting ,at the recommendation of staff and with the concurrence of the Agent, the City Council extended the date for presentation of proposed parcels to it's Work session on July 14th due to the need to conclude further negotiation on several potential parcels. Cover Memo The Agent has completed the work under the proposal phase of the contract and is prepared to repo}!E(81Ctt~ 1 Council the results of his engagement. Review Approval: 1) Clerk Cover Memo Item # 41 II. ~'", "... "rN ~ " I ";)I ~~ ~I~ "Ij ,,' '. r.-r" Attachment number 1 Page 2,of 61,. <~ ',I,,, II' J.: 'I "~ .. '." ." :;; :I!.. ~~ '.' ~I ~, .'1 ~~ ~' '.1 ..-"""'If"I____. ,ro.,-. - . .......~ ,.,... ..r Attachment number 1 Page 3 of 61 'It.. II! '_ ""101 ;j ,I ~ ...... ~ .RtI~ f~=-~ -~__Lil . , ~ . "j ;m- '\!; :~ i ,~ \ . .....:~ -'" ~.....-n-," ..... ~...... Item # 41 '" ""..~.-_I III .. _IJ ,- ,.........- ''..-,..LL "'-'_ .Y! c_'I4, ~_ -- = =.-...---- ,-,=- ---' .;L.'- . . . INDEX City of Clearwater RFP .................................................... Section A Chase Real Estate RFP Response ................................ Section B Beach By Design Off Street Parking Section................. Section C Letter of Intent ................................................................... Section D Press Releases ................................................................ Section E Comparable Properties .................................................... Section F Properties Within the Directive........................................ Section G * Aerial Plat Map * Assemblage # 1 * Assemblage # 2 * Assemblage # 3 * Assemblage # 4 * Assemblage # 5 * Assemblage # 6 * Assemblage # 7 Properties Outside of the Directive ................................. Section H * Aerial Plat Map * Assemblage # 8 * Assemblage # 9 * Assemblage # 10 * Assemblage # 11 Attachment number 1 Page 4 of 61 Item # 41 Attachment number 1 Page 5 of 61 e ~Clearwater u REQUEST FOR QUALIFICATIONS I REQUEST FOR PROPOSALS # 18-08 REAL ESTATE BROKERAGE SERVICES FOR LAND ASSEMBLY The City of Clearwater requests that Commercial Real Estate Brokerage firms licensed by the State of Florida submit proposals for consideration in selection of a firm and agent suitably qualified to represent the City in negotiations to assemble approximately one contiguous acre of land on south Clearwater Beach for construction of a 300 space public parking garage. All submittals shall be addressed as specified below and received no later than the submittal due date, at which time all submittals will be opened and read as a matter of public record. All submittals received after the closing date and time will be returned unopened. The City of Clearwater reserves the right to reject any and all submittals. Submittal Due Date: April 23, 2008, at 4:00 p.m. Submittals shall be delivered to: __ Physical Address: Purchasing Manager City of Clearwater Third Floor, Municipal Services Building 100 South Myrtle Avenue Clearwater, Florida 33756 -or mailed to: P. O. Box 4748 Clearwater, Florida 33758-4748 The RFP documents will be available on March 24, 2008. City offices are open Monday through Friday, 8:00 a.m. to 5:00 p.m., excluding holidays. This RFP will be posted on the City's website at www.mvclearwater.com. Any questions regarding the RFP shall be directed in writing to: Mr. George Mckibben, Purchasing Manager Finance Department City of Clearwater P. O. Box 4748 Clearwater, Florida 33758-4748 Telephone: (727) 562-4634 Email: qeorge.mckibben@mvclearwater.com - Notice: RFQ/RFP for Real Estate Brokerage Services Item # 41 Attachment number 1 Page 6 of 61 City of Clearwater, Florida . REQUEST FOR QUALIFICATIONS I REQUEST FOR PROPOSALS # 18-08 REAL ESTATE BROKERAGE SERVICES FOR LAND ASSEMBLY 1.0 \6verview. - ..." -~- ..__-c__. --.___............ .-'-.~.-; - -<:;::",;"" .'-:'~, .~-"....~.....- '," -:. '-:~_.:""-'" . .. ._._~..~. __', . ,_"0< ~_ "__,__. ...~'...._._ ..,.,...._.. ....';__...,._ _~"""I","',_,;~_,,:,~.,. .,:-_......._.",__......' ,..<,,~..,..,.. :._',._....~,. ',"'0'"'' 1.1 Purpose The City of Clearwater has issued this Request for Qualifications I Proposals (RFQ/RFP) for Real Estate Brokerage Services required for assembly of approximately one acre of privately owned lands on South Clearwater Beach optimally located and physically suitable for construction of a 300 space public parking garage. The City prefers the selected Agent to act as single agent for the City provided in F.S. 475.278(3), but will consider alternatives. 1.2 HISTORY AND VISION: "Clearwater Beach: Strategies for Revitalization" During 1997 and 1998 beach residents and business owners worked diligently to assist the City administration and City Council develop and plan the future for Clearwater Beach. The Plan was entitled "Clearwater Beach: Strategies for Revitalization". The Plan recognized the twin imperatives to balance the needs of the beach's 8,000 families with the hundreds of thousands of tourists and visitors who are attracted to its world-class shoreline, all the while protecting the natural environment as the built environment rebuilds for the future. . 1.3 BEACH BY DESIGN Beach by Design is a preliminary design for revitalization of Clearwater Beach by implementing the Strategies for Revitalization. Implementation is based on pursuing the following strategies: . Creation of an attractive and efficient "arrival and distribution" system at the intersection of State Road 60 and North Mandalay Avenue and Coronado Avenue . Transformation of North Mandalay into an attractive, pedestrian-friendly street which provides a high quality address for retail and restaurant uses . Renovation of South Gulfview Blvd. to the west to create a unique two-way local street as part of a destination quality beachfront place . Improving traffic circulation to the south of State Road 60 . Improving sidewalks and creating an entire beachfront system . Constructing new parking facilities so.uth of Pier 60 park to support beach visitors, and new parking north of Pier 60 park to support the North Mandalay Avenue retaillrestaurant corridor . Promoting a small number of catalytic redevelopment projects; and . Adoption of design guidelines which are necessary to achieve the objectives of Beach by Design. . Notice: RFQ/RFP for Real Estate Brokerage Services - 2 - Item # 41 . "'-... . '---- . "-. Attachment number 1 Page 7 of 61 1.4 SHAPING THE DESIGN Over the past five years more than 60 redevelopment projects have been submitted to recast the future of Clearwater Beach. Submitted development proposals project the addition of over 1500 condominium units, more than 1200 overnight accommodations, and in excess of 90,000 square feet of new commercial space. More than 90 percent of the submittals have been approved for construction. Nearly half are under construction or fully complete. 1.5 TRANSPORTATION AND PARKING Beach by Design anticipates the demands that extensive beach redevelopment places upon efficient beach traffic distribution, and ample, convenient parking. Significant North Beach transportation improvements include narrowing Mandalay Avenue from four lanes to two with parallel parking and expansion of one or both of the streets east of Mandalay. Bold, beautiful $30 Million dollar "Beach Walk" evolved as the comprehensive transportation project for South Beach. 1.6 BEACH WALK... a winding beach side promenade with landscaping, artistic touches and clear views to Clearwater's winning beaches and the waters beyond, a place where bicyclists, rollerbladers and pedestrians all have safe and convenient access to where visitors and locals call socialize, dine, play games, or simply enjoy the spectacular white sand, sun and surf. . q.J....~ .:"\.'"'1!;., .' ,':::'!~.. '.. .... "4'1..,. .,. .......'".~'ji. '..:~.r::,~,..(."'.f.~.,""~.:",,,~. . . -.'. ..0 "aa"i!'~ ,..': . ....:Ii"!;:' . .... ""1rlIL __II!I . . ". "f;i;r~.'''.' .~~ ~lj ".'" <t" ".,~' ..~'~~:_r-,..,._-r.~_,,-t1., __-~ ';0'. ~:"',.(.~r'i 'f ., I' '.J r .~~. -~.., .' ~.. .:, '~.r .. ..: .l.t"l.-......:,_...i.'..,'''...''., 'r~~" ~.:.:~,'r:~..~~rt,...J....~,. .;t~,,;_.'_~- _.c..~_.;...~.~:....'. '.. ",' . .~. \. '. I. . ''''r-'.~'', .' '.. "..' . "r:." 't' l "'. T .. , .. .. . '''...,.", , ""I-.,.~;,'." "". 'ii" ..-_. ~ . " ~ .-" ,. .('x.',....~._,. .' ;,.'. r..~;.l."-..,,..~. Ii ,............ ' 't':~:JP,," :,'-~ ':'~,.~ . - """ h' ;',... or. .....f.,-~~~,ru,IN-,:...,. '~~.....~. ~ ~ . . ~.. ..-~ OI,,,~ '.' 'i~ </......-;... ,.. :;' r'''~'': 1 . ::.~, _. Beach Walk will be open and operational by Labor Day 2008, attracting thousands of visitors from around the country, around the world. It has already played a vital role in attracting new resort hotels and speeding the conversion of many older overnight accommodations to new condominiums. Beach Walk will bring visitors closer to the beach and provide an environment that will draw new retail, entertainment and restaurant businesses for residents, out-of-town visitors and day-trippers. All will require accessible, convenient parking. 1.7 PARKING Creation and development of the beautiful Beach Walk will not only increase demand for parking facilities, but will incorporate nearly 800 public and private previously available parking spaces into its creation. The City and the new Hyatt resort hotel ownership have reached agreement that will provide for 400 public parking spaces within the Hyatt's garage when that is completed. The City also seeks to immediately assemble approximately one centrally located acre in South Beach for construction of an additional 300-space garage. ItAm # 41 -3- Notice: RFQ/RFP for Real Estate Brokerage Services . "-- . .'-.. . ',-... Attachment number 1 Page 8 of 61 2.0 I ..... ....'.. --_.c.....'..'...-...:.......,._-... .... ........... ...."'...... .""..~........'7.'. .....-. . Scope ofServic~s( ....... 'f', '.". ,.... , - - .'. --_.. '77':.... ''':'.:'~'~ ..-.: ',--"._-"-'<'~ .. - .. .-.7----~----.~.-.~-1 ~'-"" "--':<~~~'-...~ ," -'--~"~"""""Y ._....._.._ The City of Clearwater seeks a firm and agent with extensive documented experience in assemblage of land for commercial development, as well as demonstrable business relationships with current property owners in the immediate South Beach area of Clearwater Beach. 2.1 The required assemblage shall be appropriately configured to provide approximately one rectangular acre for construction of a 300 space parking garage. The assembled parcel shall front a minimum of two connector streets and be centrally located adjacent on the east to Beach Walk. Specific tasks to include: · Identify optimum locations and number of parcels required for the proposed project. · Confirmation of ownership and title status of properties within the proposed assemblage. · Initiation of discussions and negotiations with the respective property owners. · Securing Letters of Intent to Sell from the owners, including specific terms and contingent conditions of sale. · Development of Contracts To Purchase with all property owners within the proposed assemblage area. · Delivery of executed Contracts To Purchase to designated City department to agenda for Council consideration and action. · Following approval of contracts, assist City in assuring compliance with all pre-closing requirements. · Oversee vacation of all properties prior to closings. · Assist City as requested with closing approved transactions. · Compiling complete electronic and hard copy work files for each transaction, and delivering to the City within 30 days following closing of each transaction. · In the event acquisition of a suitable site by the City is not achieved, preparation of a written market study detailing the conditions contributing to the inability to acquire an appropriate site. 3.0 Submitbil..ReqlJii~J)1~n~.:j)~U~lifiq~tiohi;lProl1C?sal$ The State licensed Real Estate Brokerage Firm and agent interested in responding to this RFQ/RFP must provide information on the firm and agent's qualifications and experience, identification and qualifications of the proposed project team, identification and qualifications of the project manager's experience, verifiable similar projects and references within the environs of Clearwater Beach during the past 5 years, a summary description of the firm and agent's ItClm # 41 -4- Notice: RFQ/RFP for Real Estate Brokerage Services e . '-- . "--. Attachment number 1 Page 9 of 61 approach and time frame to successfully completing the project, and the firm and agent's fee proposal to undertake and complete the proposed project. 3.1 LETTER OF INTEREST AND EXECUTIVE SUMMARY Attach a letter of interest that explains your firm and agent's interest in working on this project. Include an "Executive Summary" which explains your firm and agent's qualifications and experience as they directly pertain to the Scope of Services. Include the names and titles of persons who will be authorized to make representations for the firm. 3.2 FIRM OVERVIEW Provide the following information regarding your firm. If the use of subconsultants is proposed, similar information should be provided for each subconsultant. . Brief history of the firm, including the year it was established. . Names and curriculum vitae of the firm's principal(s). Indicate the amount of involvement the principal(s) will have under this assignment. . Name and qualifications of agent who would conduct the work described. . 3.3 RELEVANT EXPERIENCE AND PAST PERFORMANCE . Similar Assignments: Provide a detailed description of comparable projects (similar in scope of services to those requested herein) which the firm and agent has either ongoing or completed within the past five years. Please specify whether each project is completed or is ongoing. The description for each project should identify: (i) the client, (ii) description of the overall project, (Hi) duration of project, (iv) contact person and phone number for reference, and (v) the results/deliverables of the project. . Past Performance: Describe the firm and agent's past performance and the primary markets served. 3.4 REFERENCES Provide the name, address, telephone and email address for at least three (3) references that would be capable of explaining and confirming your firm and agent's capacity to successfully complete the scope of work outlined herein. References should be from the past five (5) years. 3.5 APPROACH TO SERVICES Provide a narrative statement demonstrating a thorough understanding of the overall intent of this RFQ/RFP, as well as methods used to complete assigned tasks. Identify any proposed project issues or significant concerns you believe may be appropriate for careful consideration. Notice: RFQ/RFP for Real Estate Brokerage Services It?r_ # 41 e "-- . ,,--. . Attachment number 1 Page 10of61 3.6 FEE FOR SERVICES Provide a required time frame and fee proposal for your firm and agent's services, either: (i) lump sum fee, (ii) commission schedule, or (iii) other (specify). 4.0 \" .,. h... ...,......" --.. -""'''. '.C"7. ~'''.''. ':;". '...'."".'. "'~""",',',',"'.'. ......,... .... '0 SU'bmission Infqrlll~d!ph" ....' ,.. h.. . ...",...".. "'~"'- "'....:.:..,_....,";...",.-..~ I 4.1 Number of copies and Proposal Delivery Information One (1) original and five (5) copies of the proposal submittal signed by the firm representative and the agent shall be delivered on or by 4:00 PM on April 23, 2008 to: Physical Address: Mr. George McKibben Purchasing Manger City of Clearwater 100 S. Myrtle Avenue Clearwater, Florida 33756 - or- P. O. Box 4748 Clearwater, Florida 33758-4748 All submittals shall be addressed as specified above. The front of the envelopes shall be marked "Request for Qualifications & Proposals: Real Estate Brokerage Services for Land Assembly". All submittals received atter the closing date and time will be returned unopened. 4.2 QUESTION AND ANSWER PERIOD All questions regarding this RFQ/RFP must be submitted in writing and directed to the Purchasing Manager no later than seven (7) days prior to the submittal deadline. All questions and answers will be posted on the City's website at www.mvclearwater.com. Questions may be 1) sent via email to Qeorge.mckibben@myclearwater.com, 2) faxed to (727) 562-4635, or 3) mailed or hand delivered to the address above. 5.0 m "".n .".. '._m' ,. ,,-. ..,." ., '. ...." , ''M'''''' ~ '-'",,"~ ." Evaluation I SEtlectiptl '~tC)CQs . ::;~,)-:' -.:{- -.-~tL<:~~i: 5.1 EVALUATION I SELECTION The Evaluation/Selection Committee will first evaluate and rank responsive proposal on the criteria listed below. The maximum score per proposal is 100 points. Each Evaluation Committee member shall award up to 100 points per proposal. The final score will be an average (mean) of the scores awarded by all Evaluation Committee members. A Proposer may receive the maximum points or a portion of this score depending on the merit of its proposal as judged by the Evaluation/Selection Committee. Notice: RFQ/RFP for Real Estate Brokerage Services It~ # 41 Attachment number 1 Page 11 of 61 .~ The factors outlined below will be applied to all eligible proposals. Additional evidence of unique skills or relevant experience will also be considered. All references will be subject to appropriate evaluation. Criteria . Understanding of Issues/Approach to resolution Points 30 . Qualifications and directly related experience of firm and agent 30 . References / client satisfaction 20 . Fee proposal 20 Upon completion of the evaluation, fating and ranking, the Committee may choose to conduct oral presentations(s) with the Proposer(s) which the Evaluation/Selection Committee deems to warrant further consideration based on the best rated proposal providing the highest quality of service to the City. Upon completion of the oral presentation(s), the Committee will re-evaluate, re-rate and re-rank the Proposers remaining in consideration based upon the written documents submitted and any clarifications offered during the oral presentation. 5.2 RFQlRFP TIMETABLE . . RFQ/RFP Available to the Public March 24, 2008 ',,-- . Deadline for Receipt of Questions April 16, 2008 . Submittal Deadline April 23, 2008 . Evaluation of Proposals April 24 - April 25, 2008 . Interviews of Short List Firm and agents April 28 - April 30, 2008 . Firm and agent Selection - Council May 15, 2008 5.3 ADDITIONAL INFORMATION · The City will not be liable for any cost incurred in the preparation of the RFQ/RFP submittal. . · The submission of qualifications shall be prima facie evidence that the Proposer has full knowledge of the scope, nature, quantity and quality of work to be performed; the detailed requirements of the specifications; and the conditions under which the work is to be performed. Notice: RFO/RFP for Real Estate Brokerage Services IterA # 41 e ',-- . ',-- . \..-.. Attachment number 1 Page 12of61 . All Pfoposefs shall furnish the City such additional information as the City may feasonably require. . The City reserves the right to conduct personal interviews of any Of all Proposers prior to selection. The City will not be liable for any costs incurred by the Proposer in connection with such interviews. . The City reserves the right to conduct pre-contract negotiations. . The City reserves the fight to reject all qualifications and to seek new qualifications when such a procedure is reasonably in the best interests of the City. . The City reserves the right to waive any of the conditions or criteria set forth in this RFQ/RFP. 6.0 11ns'u-rance "."' ......._.._--...~~,._~.._..I 6.1 LIABILITY INSURANCE The applicant shall furnish, pay for, and maintain during the life of the contract with the City the following liability coverage: . Comprehensive General Liability Insurance on an "occurrence" basis in an amount not less than $500,000 combined single-limit Bodily Injury Liability and Property Damage Liability . . Business Automobile Liability Insurance in the amount of at least $500,000, providing Bodily Injury Liability and Property Damage Liability, . * Workers' Compensation Insurance applicable to its employees for statutory coverage limits, and Employers' Liability which meets all applicable state and fedefallaws; and . Professional Liability/Malpractice/Errors or Omissions insurance, as appropriate for the type of business engaged in by the ProposerNendor, shall be purchased and maintained by the selected Vendor with minimum limits of $500,000 pef occurrence. *NOTE: Not required for verifiable Independent Contractofs contracted with applicant. 6.2 ADDITIONAL INSURED The City is to be specifically included as an additional insured on all liability coverage described in Section 6.1 Notice: RFO/RFP for Real Estate Brokerage Services It~r::tJ # 41 -8- '. . '--, . Attachment number 1 Page 13of61 6.2 NOTICE OF CANCELLATION OR RESTRICTION All policies of insurance must be endorsed to pfovide the City with thirty (30) days notice of cancellation or restfiction. 6.3 CERTIFICATES OF INSURANCE/CERTIFIED COPIES OF POLICIES The applicant shall provide the City with a certificate or certificates of insurance showing the existence of the coverage required by this RFQ/RFP. The applicant will maintain this coverage with a current certificate or certificates of insurance throughout the term stated in the proposal. When specifically fequested by the City in writing, the applicant will provide the City with certified copies of all policies of insurance as required above. New certificates and new certified copies of policies (if certifies copies of policies are requested) shall be provided to the City whenever any policy is renewed, fevised, or obtained from other insurers. The certificates and/or certified policies shall be sent or delivered to the City's Project Manager and addressed to: City of Clearwater P. O. Box 4748 Clearwater, FI. 33758-4748 6.4 HOLD HARMLESS PROVISIONS The applicant shall defend, indemnify, save and hold the City harmless from any and all claims, suits, judgments and liability for death, personal injury, bodily injury, or property damage arising directly or indirectly from the performance by the applicant, its employees, independent contractors, subcontractors, or assigns, including legal fees, court costs, or other legal expenses. Applicant acknowledges that it is solely responsible for complying with the term of this RFQ/RFP. In addition, the applicant shall; at its expense, secure and provide to the City, prior to beginning performance under this RFQ/RFP, insurance coverage as required herein. Any party providing services or products to the City will be expected to enter into a written agreement, contract or purchase order with the City that incorporates, either in writing or by reference, all of the pertinent provisions relating to insurance. Any party providing insurance services or products to the City will be expected to comply with requirements as contained herein. A failure to do so may, at the sole option of the City, disqualify any bidder or Proposer of services and/or products to the City. 7.0 The City, in its sole and absolute discretion, with or without cause, and without liability of any kind to any Proposef/ConsultanWendor, reserves the right to: . Accept or reject any and/or all proposals, either in whole or in part, waive any informality, variance or irregularity, whether technical or substantial in nature, of any proposals. Notice: RFQ/RFP for Real Estate Brokerage Services ItEiM # 41 ,~ . . "-- . Attachment number 1 Page 14 of 61 . Cancel this RFQ/RFP at any time and/or take any action in the best interest of the City. The City decision in all matters shall be final. Retain all proposals for official record purposes, including a copy of the selected Respondent proposal and supporting documentation, and/or use them in whatever manner is deemed appropriate. . Elect not to accept any request by any ProposerNendor to correct errors or omissions in any information, calculations Of competitive price(s) submitted once a proposal is received. . Investigate the financial capability, integrity, experience and quality of performance of each ProposefNendor, including all Principals. . Request an oral presentation from any Proposer. . The City reserves the right to fequest any additional information from any ProposerNendor. . All Proposers responding to this RFQ/RFP do so at their sole expense and risk. The City assumes no financial or other obligations of the Proposers. The City will not be liable to any brokef, consultant or other entity acting on of behalf of any Proposef for any fee or payment relating directly or indirectly to the Proposer or their proposal. . All proposals, correspondence and records make thereof, are public record and handled in compliance with applicable state and local laws. . By offering a submission to this RFQ/RFP, the Proposer certifies the responder has not divulged, discussed or compared hislher competitive proposal with other respondents and has not colluded with any respondent or parties to this competitive proposal whatsoever. . All information furnished in this RFQ/RFP solicitation was gathered from sources deemed reliable. No representation or warranty is made as to the accufacy or completeness of the information contained in this document. Prospective Proposers should independently very all information. Notice: RFQ/RFP for Real Estate Brokerage Services I feW, -# 41 Attachment number 1 Page 15of61 e Request for Qualifications & Proposals: Real Estate Brokerage Services for Land Assembly RFP Response . Chase Real Estate., Inc. April 23, 2008 '---- Wm. Mark Searcy Chase Real Estate, Inc. Commercial Division 660 Mandalay Ave Clearwater, Florida 33767 727.447.8800 PH 727.447.8814 FX Mark 1 reaItor@hotmail.com http://WWW.ChaseFlorida.com e Item # 41 Attachment number 1 Page 16of61 !{,';J; I ":I'" I \1 '>J..,'r;\.:,~ ',,:1'\" ,", i'llr I ,dnd A:,s<':l1lhh Fri' 1'\':','11'<: \~'I'il ~(jt,i; I' I::,' , "I - e TABLE OF CONTENTS 1. Letter of Interest and Executive Summary 2. Firm Overview 3. Relevant Experience and Past Performance 4. References a. Firm References b. Agent References 5. Approach to Services 6. Fee For Services . . Item # 41 Attachment number 1 Page 17 of 61 Rl."!' 1,\,,1, Hr,.L.r;!.,;.: ",:1"\ Il',,", I,.r I..llld \",':Inhl~ l~ Iff P. ~>,p,'liP~\':: . \ p,'d ~U(l~ P;lt~~' 2 \'1 - ~ LEITER OF INTEREST AND EXECUTIVE SUMMARY There are a number of reasons why Chase Real Estate as a firm and as sales agents has an interest in assembling the proposed parking garage for the City of Clearwater. First and foremost a new parking garage will enhance the overall beach area for both residences, business owners and visitors to Clearwater Beach. This will increase local revenue to businesses along with increasing property values. At Chase Real Estate, we believe that with our reputation and combined experience in residential and commercial real estate, gives us the unique qualifications to represent the City of Clearwater and its associates with our proposal. ~ sed Real Estate ,\gent/Owner . FIRM OVERVIEW Chase Real Estate is a privately-held residential and commercial real estate firm that has redefined the investment process. Through our unique approach to investment real estate, Chase Real Estate has confirmed its position as the leader in real estate. With our keen ability to identify valued opportunities for our clients, along with our signature system, we have achieved record breaking sales in all aspects of residential and commercial real estate. Chase Real Estate's founder Walt Chase has a family history on Clearwater Beach dating back to 1972 where his uncle Walter Leahy started Leahy Realty with the purchase of 660 Mandalay Ave. Walter Leahy had a long real estate career on Clearwater Beach until the 1990s. Walter Chase started his real estate career on the Southside of Chicago in 1967. Walter Chase and his son Christian established "The Chase Team" in the late 1980s and worked under REIMAX for the next 20 years. Chase Real Estate started in 2004 when it opened its doors in Chicago. Walter Chase and Matthew Bailey opened the Florida branch along with the Commercial office in 2006 on Clearwater Beach at 660 MandaIay Ave, where our office is today. . Matthew Bailey, licensed since 1998, is the broker of Chase Real Estate. Matt has been a resident of Clearwater Beach and stills owns property there. Matt started his career with REMAX. He has achieved every sales award REMAX offers along with the Top 5 Team Item # 41 Attachment number 1 Page 18of61 R....,: j',r:ih' 1II'l,j"'1.I'.'.,' ,",.:ro,,, ," \.;r I ,lilt! \ ,'C'l11hi:- l.~.i p (,~..."pnrl't..: \pr!l ~(Hl~\ P,lgl' ~ pf- . Award from 2000-2005 and the Chairman's Club Award which is the highest sales award REMAX bestows on its associates. Wm. Mark Searcy, who was licensed in 2004, joined Chase Real Estate in 2006. He handles Chase Commercial, the commercial division of Chase Real Estate, which specializes in assembling sites for developers on Clearwater Beach. Agent Searcy with his local contacts and knowledge of development has made him a major asset to Chase Commercial and Chase Real Estate. Agent Searcy is local to the area having lived off and on Clearwater Beach since 1986. RELEVANT EXPERIENCE AND PAST PERFORMANCE BILL KIMPTON SITE 1) Crescent Heights Inc employed the services ofWm Mark Searcy (formerly an agent of REIMAX ACTION FIRST) to assemble any sites to be suitable for a high rise condo project on Clearwater Beach. 2) It was asked of the agent to find sites that were NOT currently listed for sale and to assemble land large enough to accommodate a project of 100 or more units. . 3) The project took over six months to secure. COMPLETED 4) Sonny Kahn CEO and Shay Myron VP of Crescent Heights. smayron@crescentheights.com 5) Two suitable sites were identified after an extensive search of Clearwater Beach. Agent Searcy met with numerous land owners South of Pier 60. One such site belonged to Bill Kimpton and agent Searcy put the principles together to negotiate a deal. Searcy helped as a Transaction Broker to negotiate between Bill Kimpton and Crescent Heights for the assembled sites on 2nd Street. During the due diligence period Crescent Heights attempted to gain more density and when Bill Kimpton could not provide them the deal did not go through. Soon thereafter Mr. Kimpton sold the assembled project to NJR who is now building the Hyatt Aqualea project. Agent Searcy then met and identified the 100 Coronado Site formally the Days Inn Hotel owned by Tony Markopolous. After negotiating as a Transaction Broker and an extensive Due Diligence period Crescent Heights offered Tony Markopolous a sum of$35 million USD for land without a Development Order. Mr. Markopolous soon thereafter gained the Development Order from the City and sold the site to Dr Patel for $40 million USD. The sites were successfully identified, do to parties brought together and negotiated. The transactions were not completed because of the failure of the buyer to increase his offer to the accepted winning bid price. . . LUCCA INCORPORATED SITE Item # 41 Attachment number 1 Page 19of61 RI:.d r ,I;1Il' Br'''';,'1<l,!,l: '>,:n IL'C" rnr l.al1d ,\"..:mbl) I~' !' RL"I',,:;~.',\I'ril 2()!!~; I'., ,,~..: ~ '.' i .. . 1) Lucca Inc was approached by agent Searcy who had identified a package of motels that were for sale. '"-, 2) Six motels that encompassed almost two square blocks of land between Coronado Drive and Harnden Drive were identified. (1- Tropicana Motel 347-353 Coronado Drive/350 Harnden Drive, 2- Key Lime Motel 405 Coronado Drive, 3- Albatross Motel 346 Harnden Drive, 4- Tri-plex 345 Coronado Drive, 5- Baylawn Motel 406 Harnden Drive 6- Backstreet Cafe 401 Coronado Drive) 3) Six months from identification to closings. COMPLETED 4) Stan Latek 727-415-4699. (Primary Partner) . \. 5) The six motel owners grouped together and refused to sell unless they sold as a package. Agent Searcy acting as a Transaction Broker proposed a plan that allowed the group to sell at a fair price and both parties were pleased with the results and efforts of sales Agent Searcy. Two more motels were added to the package at a later date (The Falcon Motel, 415 Coronado Drive and The Gulf Beach Motel, 419 Coronado Drive) All eight parcels closed. INCIDENTIALL Y THE MIDDLE OF THJS ASSEMBLED PROJECT IS THE SITE THAT THE CITY OF CLEARWATER HAS ATTEMPTED TO PURCHASE FOR A PARKING GARAGE. The City and Lucca Jnc have been unable to come to an agreement on the purchase of this site. MARBELLA PROJECT 1) Lucca Inc asked agent Searcy to informally assemble the site above by adding the Howard Johnson Hotel (325 S Gulfview Drive), The Falcon Motel (415 Coronado Drive) and The Gulf Beach Motel (419 Coronado Drive) sites. 2) The assembled 3.6 acre site was procured for $24 million USD. Agent Searcy confidentially proposed the project to several qualified buyers. 3) One year. COMPLETED 4) Stan Latek 727-415-4699. 5) Three qualified offers were brought to the seller via agent Searcy between $40 million USD and $47 million USD. Lucca Inc refused the offers expecting to sell for $50 million USD or more. CITY OF CLEARWATER PROPOSED PARKING SITE . 1) The Golden V~lla Motel, 228 Harnden Drive, The Rivieria Motel, 221 Coronado Drive and The Echo Salls Motel, 216 Harnden Drive (see attachment of block) has been assembled and is being marketed to prospective purchasers (on going). Item # 41 Attachment number 1 Page 20 of 61 RC<lII',lalL' l~r"kcl;I'~,. '.;n i,','<" i'\!r I.alli! \>':~Jllh:, I{ II' 1{'~'lli'n'<, ,\l'nl'OiiS P:-'t!t,' (' \It - . 2) An assembled parcel of land encompassing a perfect "square" of 1.1 acres across the '.:::!!! street from the Hyatt Aqualea site and BEACHW ALK. 3) Ken and Linda Christman 727-442-9404 (owners of the Golden Villa) 4) Assembled site is being advertise? by agent Searcy ~d seve~al developers are in the due diligence period of what these sites can produce without bemg under contract. The owners prefer to sell as a package to the City of Clearwater for the parking garage site as requested by this RFP. REFERENCES FIRM REFERENCES James Mudd 319-268-0693, CEO of MUDD Advertising, which has offices located in Chicago, Illinois and Cedar Rapids, Iowa. James Mudd has purchased properties on Clearwater Beach in the Sandpearl Residences, Mandalay Beach Club and 400 Beach Drive in St. Petersburg through Chase Real Estate. He is an ongoing active real estate owner and investor. Chase Real Estate also manages the rentals of his properties. e Sandy Martelli '727-442-8819, General Manager at the Mandalay Beach Club. Don Mestas 727-442-2999, treasurer of Belle Harbor condominium complex and current resident of Belle Harbor. AGENT REFERENCES Ken and Linda Christman 727-442-9404, Ken and Linda are the owners of the Golden Villa Motel at 228 Harnden Drive Clearwater Beach, FL 33767 (current listing) Thomas and Maggie Karasch t.karasch@web.de 0049-9526-981479 (Germany) Thomas and Maggie were the owners of the Albatross Motel on Harnden Drive. I sold their motel in a package of six motels. I then represented them in the search and purchase of an automotive site and business in Spring Hill, FL. You may contact them via email since they currently reside in Germany. They will be in Florida from May 9th to May 22nd and are willing to meet with you concerning this reference. . Paul Hobschied 727-894-1817. After the sale of their motel Paul Hobscheid and Earle Roberson hired Viewpoint Realty to secure a desired site for a 10310 exchange transaction. With no site procured and time running out (10 days left in the 1031 exchange to identify a site) I found them a suitable site and they Item # 41 . ...-- . . ......... Attachment number 1 Page 21 of 61 Rl:;t1I,,'"1''' Blllk,'ra,',' ~,('r\ iI',", I',.r 1,,111.1 ,\,.;-.:mhi \ - l\f I' 1~1"P"I1"c '\I'rtl >,,,;\ I':tl~l' h 1'1 -- purchased the Legal Building in St Petersburg, Fl. I then sold that site to a qualified buyer after the death of Earle Roberson. APPROACH TO SERVICES , With all the changes that have happened to our little island, growth has been the most constant one. "Constant change is here to stay". We have gone from a sleepy and quiet beach town that once only came alive during a short 'season' to a year round mecca for people around the world in search of one of the prettiest beaches in the world. With the advent of Beach By Design many spurts of development have changed the face of our island; some ofit nice (all JMC projects) to bad (all of Brightwater and the loss of over 1200 motel rooms). Our beach town is about to go through another unprescented time of growth. The new Memorial Causeway allows traffic to get to the island faster. Coronado Drive has been widened allowing for a faster ingress/egress from South to North Beach. Beachwalk is now open and tourists are coming to enjoy all it has to offer. But many people are afraid to come to our beach and are staying away in the process. Traffic is a nightmare and due to a lack of parking is the reason why. If we do not secure a site and build a large parking structure our beach's parking and traffic issue will only go from bad to disastrous. A site needs to be procured (by Beach By Design standards) immediately. It must be affordable, and aesthetically pleasing. It must be built within a short distance from the BEACHWALK so that people can get onto the beach and into the garage ASAP. That being said the City is also giving an incentive to developers to build more hotels. Land is becoming more scarce and expensive. Finding a suitable site, negotiating and closing on these sites and doing so in a short amount of time is paramount as the window of opportunity is getting smaller. I have found sites that are affordable, strategic and aesthetic. I have a strong relationship with many of the land owners and have a reputation of being very honest, fair, communicative, hard working and results oriented. I also have a history of being able to provide Transaction Broker services to the benefit of both parties. I do understand that an exhaustive new search must be done to make sure no site is overlooked. I also understand the restrictions of the Development Order. of some of the developments and Beach By Design and know how to work within these guidelines in getting this task accomplished. I will get this done! Failure is not an option! I have seen a city on the verge of suffocation due to a lack of parking and traffic problems. I have also seen what a garage of this type can do to help alleviate the problems of a beach town. It is the most important challenge of our time and I stand excited and ready to achieve this task! FEE FOR SERVICE Chase Real Estate-Commercial Division will procure a desirable site for the City of Item # 41 Attachment number 1 Page 22 of 61 R,."i i 'lilt-' Hrl'kLI:l::~,' ",T\ 11.',", fi'r l.ill\,1 ^,:'~I.'mhi) I'~ I\' l\"'I"lll"',': \1'1'11 ~OltS !).t~\.. - \)1 .. . Clearwater to be used as a parking garage. This process should take no more than two months to procure and less than four months to close on. (depending on the timeframe of the City). Chase anticipates a 3% commission to be paid by the sellers of the sites procured and closed on. Should the City decide not to purchase any of the sites procured by Chase Real estate a nominal fee of $5000 should be paid for their time and for a market study that details the conditions contributing to the inability to acquire an appropriate site. Chase Real Estate will transition to be a Transaction Broker on all sites currently listed by any realtor employed by Chase Real Estate. Otherwise Chase Real Estate will be a Single Agent for the City of Clearwater in procuring the sites for this project. . . Item # 41 CITY PARKING L<fNf 23 CiT6f-i ~ ,', -----j Hourly Rates Hours of Afl::er; Mon-Fri Sat-Sun &. Enforcement Hours j Seasonal -i MARINA I ACTI'lfmeS No I $1.0G ONLY Charge sam-8pm 7am-lam CIQsea J lam-lam Closed ! 6am-llpm Pier 60 $1.50 160 S. Gulfvlew Blvd. ' 325 332 S. Gulfview Blvd. ' $1.50 33 212 Hamden Dr. $1.00 34 I 423 Mandala'lAve. $0.75/ I $1.00 451 Mandalay Ave. $1.00 $1.25 4 Rockaway St. $1.00 Avalon - Kendall $1.00 6 Avalon st. Family Aquatic Center &. Recreation Center , $1.00 I 51 Bay Esplanade I 1 McKay Field I 39 60S Mandalay Ave. $.1.00 , Gateway ! 43 390/1 East Shore Dr. $1.00 I $1.25 62f\! 100 Coronado Or $8/day (Cash only) Bam-Sunset 625 150-170 Coronado Dr. $1.00 $1.25 6am-'l1pm I 63 400 E. Shore Dr. I $1.00 $1.25 Beach Streets (206 spaces) " Seasonal Rate - March through April everyday "* Permit Parking Only Note: Does not Include Handicap Spaces Rates &. # of Spaces Subject to Change LEGEND: Parking Lot Road Closed City Park c=J Public Beach "* NORTH Not to S&ole location Marina I 25 Causeway Blvd. $0.75 ! 1$1.00 ~ il~'f(, , ~~ $2.00 $2.00 $1.25 $1.001 $1.25 Closed No Bam-6p!n Charge No Bam-6pm Cha e $1.25 6am-1am Closed $1.25:usam_1Opm _1~~~J 8am-6pm t I $1 25 (Mon-Sat) I No . 12:30pm-6pm Charge (Sun) $1.25 Bam-1Opm Ch~~e No I Sam-6pm Char e Closed Sam-6pm $1.25 Varies U) CU .- -1-1 .- - .- U fa LL. en C .- ~ a- fa A. www.myCleorwater.com .c Parking System Hotline ~ (727) 562-4892 QJ General Parking Information &a (727)562~704 a- ell -1-1 fa ~. i: ~ rwater m ()~- ENGINEERING DEPARTMENT U Temporary Causeway Parking {ACCESS FROM MEMORIAL CSWY. lEAST BOUND ONLY) '-!"~~AtH Updated: 4/21/2008 ~ To Parking Lot #40 - SAND KEY (1060 GULF BLVD.) ~ Open: Sun-Up to SUn-Down {All times park gate is open} .. 152 spaces; $UlOftlour - $1.25/l1oul" (seasonal) Item # 41 Closed I No Charge Varies . IV. OFF-STREET PARkING The extraordinary character of the Beach is both a blessing and a curse to the City and its residents. As one of the "best" beaches in the world, Clearwater Beach is a popular destination for tourists and day visitors. As one of the "best" beaches in the world, Clearwater Beach attracts tens of thousands of tourists and day visitors who want to park as close to the Beach as possible. On peak clays when preferred parking facilities are filled, drivers searching for a parking space queue up in the street and exacerbate an already congested road' network. At the same time, other drivers cruise from location to lqcation in the hope of finding a parking space, adding to congestion, already intolerable to residents and visitors alike. Off-street parking was identified as a key issue in Strategies for Revitalization for several reasons. First and foremost, Strategies for Revitalization recognized the need for addition&l parking spaces to serve peak day, peak season demand. Second, Strategies for Revitalization identified the cost of structured parking as a substantial disincentive for community redevelopment and additional off-street parking as a key to revitalization. Third, many of the existing improvements on Clearwater Beach are non- conforming in terms of off-street parking, a fact that limits the potential revitalization of existing properties. Finally, Strategies for Revitalization called for the removal of the surface parking lots to the west of South Gulfview as a part of a strategy to transform South Gulfview into an attractive beach front address. . FUTURE PARKIl On propedy J Rocka~W:I~ ~-,-",- NEAR TERM PA On proP-8,ty , Tl~f:i Pel< FUTURE PA On ptOp~ the C6'tli NEAR n (m pf( FU1UA Beach ~v Design: A Preliminary Design/or Clea""'ater Beach Item # 41 42 . . Clearwater Beach is currently served by 3,535 public parking spaces. On peak days during the season and on holidays, literally tens of thousands of cars come to the Beach and there is insufficient parking to accommodate all of the visitors to the Beach. The provision of additional parking is, however, complicated by a number of factors. A primary concern is the ability of new garages to generate sufficient revenues to service debt incurred to construct a garage when projected parking demand shows that additional spaces will generate no revenue on approximately one half of the days of every year. While there is obvious demand for as many additional parking spaces as possible on the 40 or so highest peak days of the year, and some additional need during the next highest 140 days of the year, there are already enough spaces on Cle!lrwater Beach to meet parking demand during the balance' of the year. As a consequence, net parking fees from only 180 revenue days must be sufficient to service the debt incurred to construct the garage. Moreover, occupancy data collected by the City for its parking facilities on Clearwater Beach shows that the further a parking space is from the Beach, the less likely the space will be occupied, even during periods of peak demand. Equally important, parking garages are large, massive structures which are not naturally compatible with the special character of a resort beach. That is particularly true where land has previously been subdivided by a fine grain network of local roads. Strategies for Revitalization proposed removal of the surface parking spaces to the west of South Gulfview, with the exception of the surface lot immediately north of the Adams Mark, and the construction of parking garages in the blocks between South Gulfview and Coronado and Coronado and Harnden. However, the cost of land assembly - acquiring existing income producing hotel rooms - increases the cost per parking space to a level which is not reasonably supportable by parking revenues, particularly where the parking spaces are Beach by Design: A Prelimioory Design/or Clearwater Beach relatively remote from the Beach as was proposed in Strategies for Revitalization. Approximately 400 parking spaces are to be relocated. In addition, available data and a parking study conducted for the City indicates that at least 400 additional parking spaces are needed to meet existing parking demand during the 200+ days of highest parking demand on the Beach. If the North Mandalay corridor is upgraded and the uses along the corridor flourish, additional parking of 200 to 400 additional spaces would be required. The timing of the North Mandalay garage will be influenced by the extent to which on-street parking is available e improved. \fi t Beach by Design contemplates parking facilities on Clearwater Beach and when additional demand arises in revitalization. The. first two garages - 0] Park and a second on the surface parkin, Walk specialty retail center - are progrl as soon as practicable. Beach by Desi additional parking garages be constructe( - that is debt service is covered b) Additional garages, e.g. a garage on t 43 Item # 41 . . Rockaway and the other between South Gulfview and Bayway in the Clearwater Pass District - would be constructed when economically feasible, as demonstrated by occupancy rates in existing facilities or where a garage is required to support a significant redevelopment/revitalization initiative. A. South of Pier 60 Park Parking Garage assembly of land on both sides of 3 Gulfview and Coronado. The proposed I a vertically mixed use project and w parking spaces available to the City. relatively indifferent as to the precise I long as the parking spaces are located ' from the dry sand Beach. The alternative is explicitly contingent on a municipal I South Gulfview into a great beachfront I Gulfview as a great street or simply closi principal advantage of the alternative J parking garage will not be constructed Of parking lot between Coronado and principal disadvantage of the alternative provide sufficient parking spaces to ace of spaces the each proper to the west increase the inventory of beach parking t The exact location of the additional parking garage to the south of Pier 60 Park is dependent on a number of variables including the willingness of private property owners to cooperate with the City. The City Commission has previously approved the concept of a very large garage to be constructed on the Pier 60 parking lot and the Days Inn property. The concept involved the acquisition of the Days Inn property, the,closure of the east-west leg of South Gulfview and the possibility of 150+ hospitality units to be constructed as a part of the project. The primary justification for the inclusion of the Pier 60 parking lot in the project was the cost advantage, because the land is currently owned by the City and used for parking purposes, outweighed the visual impact of a parking garage on the Beach. Moreover, the cost implications. of land already owned by the City avoided the question of whether a hospitality component was economically feasible. In contrast, other sites where the City would have to acquire all of the land was either contingent on a hospitality component to help defray the cost of assembly or infeasible. Subsequent to the Commission's action, an alternative parking garage proposal has been advanced by the private sector. The alternative involves the construction of a parking garage on an 44 Beach by Design: A Preliminary Design/or Crearwater Beach Item # 41 . Another possible location for a garage south of Pier 60 exists in the vicinity between Coronado and Harnden and between Third Street and Brightwater. This area presents an opportunity for a garage with a residential component. A portion of Harnden could be vacated in order to consolidate land and create a waterfront parcel. Vacating a portion of Harnden would not impede traffic flow but. actually traffic calm this area of South Beach and enhance the residential character of the Devon and Bayside cul-de-sacs. Analysis of th~ tratlic impact of this alternative would have to be conducted. This option also is workable without the vacation of Harnden. B. Pelican Walk Garage The Pelican Walk Garage, to be constructed on the existing surface parking lot on the Poinsettia side of the property, is conceived to provide additional convenient and secure parking for North Mandalay and the Retail and Restaurant District and to compensate for the possible loss of on-street parking as a part of the improvement of North Mandalay. In addition, the garage is anticipated to be a catalyst for the revitalization and expansion of existing improvements in the District. The size and the timing of the Pelican Walk garage will be dictated by the ability of the garage to pay for itself and the extent to which individual property owners are willing to participate in some sort of public/private partnership. While Beach by Design: A Preliminary Design/or Cleanfater Beach . several properties like Heilemans and ~!i the Clearwater Beach Hotel have an ~ apparent need for additional parking, particularly during the season, total; demand for additional spaces is not, at this time, sufficient to support the debt necessary to construct the garage. A recent parking demand study indicates that the garage might actually generate sufficient revenues I to support debt service if the garage is I successful in attracting beach patrons to the garage, but that even then, the ::e~~::~:'~~ ~~~-:~: ~ : ~~~t;~~i~~~~~~it::: ~~;ei~;~~n~ II or revitalization along North Mandalay or property owner participation in the garage would be necessary if the garage is to be financed exclusively on a revenue basis. 45 Item # 41 . r . There are two alternative conceptual designs. The first is a four level garage which would limited to the Pelican Walk parking lot. The second is a more comprehensive (and shorter) garage whi would extend along Poinsettia to the southern boundary of the City's surface parking lot betwe Eckerd's and Heilmans. This garage would require that the Eckerd's surface parking lot between t Eckerd's building and Poinsettia be acquired for the garage project. The first alternative is a simp~ project involving a single property owner who has already indicated a willingness to work with the Ci: The second alternative involves two property owners, one of which mayor may not be cooperative. T first alternative, however, is isolated from North Mandalay and would be accessible only fre Poinsettia. In contrast, the "second alternative could be accessible from both North Mandalay a Poinsettia, enhancing use by visitors to North Mandalay and in peak period, beach goers. C. Rockaway Garage An additional parking garage site has been identified on underutilized land on the west side North Mandalay to the south of the fire station between Rockaway and Bay Esplanade. The site is OWl by the City so that only the cost ofthe structure would have to be paid for by parking revenues. The s however, is relatively remote from the center of beach activity and is of little value in relocating park from the South Gulfview beach front. As a result, the Rockaway garage is considered a long term opt in the event that the Pier 60+ garage and the Pelican Walk garage are insufficient to meet future park demand on the northern part of the Beach. D. Clearwater Pass District Garage The revitalization and expansion of the hospitality uses in the Clearwater Pass District is Jimi by the availability of off-street parking. In the event that sufficient demand for additional off-stJ parking justifies a garage with at least 400 spaces, the City should participate in land assembly : revenue financing, provided that the principal beneficiaries provide economic assurances that proposed garage will operate on a break-even or better basis. E. Clearwater Marina Garage In the event that additional surface parking is displaced from Clearwater Beach and no 01 public or private land is available, an alternative site for a garage is the existing Clearwater Mal surface parking lot. Alternatively, this site could accommodate a garage in the event some portion of Pier 60 surface parking is utilized to enhance recreational opportunities. 46 Item # 41 Beach by Design: A Preliminary Desigtlfor Clearwater Beach . . . May 16, 2008 Deaf land Owner, The Commercial Division of Chase Real Estate, located at 602 Mandalay Avenue on North Clearwater Beach, has been selected by the City of Clearwater to assemble property sites to be purchased by them to be used to build a 300 space public parking garage on Clearwater Beach. This exciting new endeavor will benefit both business and residential populations respectively and will help to alleviate the ongoing challenge of traffic congestion on the beach. As a Clearwater Beach land owner you are being offered a unique opportunity to help your community by selling your property location to the City of Clearwater at a realistic price. Since the pfimary target location fOf pUfchase is in your area, it is imperative that I heaf from you ASAP regarding your level of interest so that I may present your property to the City Council for consideration. Please be advised that this opportunity will expire no later than Ffiday, June 20,2008. I look forward to heafing back from you at your earliest convenience so that together we may discuss the specifics of your property in greater detail. ~, Sin~~~ ~~ Wm. Mark Searc ,Realtor / ~ Chase Real Estate Commercial Division Office: 727-447-3223 Cell: 727-409-5813 ------------------------------------------------------------------------------------------------- Please indicate by checking below if you have an intefest in selling your property to the City of Clearwatef. Thanks! YES NO Address of Property: Signature: Date: 660 MANDALAY AVENUE' CLEARWATER BEACH, FL 33767 OFFICE 727 447-8800 . 727447.8814 FAX WWW.CHASEFLORIDA.COM Attachment number 1 Page 29 of 61 ST. PETERSBURG . FL AND CHICAGO. IL Item # 41 Attachment number 1 Page 30 of 61 ;\l,IJ'B ~:~--- . City might want your land By f\An~e,Dpl)i1~, TImes Staff Writer Published Thursday, May 15. 2008 9:21 PM .. _'. .......,....... ._..-......~.......,~~~........,.....~_.,... ..,,.." ,';,__,.~. ..~.......,._"._~._~."......_~...~.,," ",~_......__ ""'d.,' . ,...... If you own commercial property along Clearwater Beach, expect MarK Searcy at your door. The Chase Real Estate agent and the finn were tapped by Clearwater officials Thursday to help assemble enough property to build the long-discussed parking garage the beach desperately needs. to' "I just bought a brand new pair of tennis shoes and I'm going to visi~,~);tery owner and ask them: 'How are you doing. would you like to sell your land to the city, and how much?''' said8'~arcy, 47. The City Council unanimously agreed to let Chase Real Estate. a beach finn, act as its broker in finding at least an acre of south beach property to build a 300-space garage. The firm was selected from six contenders that sought the contract the council Issued in March. City Attorney Pam Akin said staffers recommended Chase because they "were most interested In people with beach experience ... but all the applicants were very qualified." . Council member Paul Gibson. a beach real estate agent. said the company was well-qualified and he had faith it could get the job done. In the meantime. the city, which has held some off-and-on talks with other landowners. will end discussions and let Chase do all the work. The firm has one month to assemble the land. negotiate a price with the owners and bring an offer to the city. If successful, Chase wUl get a 3 percent commission from the sellers. If the deal falls through. then the city will pay Chase $5,000 for its ''time and for a market study that details the conditions contributing to the inability to acquire an appropriate site." according to the response the company submitted to the city. If the firm fails, the city will consider using its own property to build a garage, a move that would most likely lead to a garage being built on the existing south beach parking lot near where the old Adam's Mark hotel once stood. But Searcy says he's planning to succeed. .We're going to get 1 acre - no matter whether it's from one owner or five owners," the real estate agent said. "But the owners have to be realistic about the price and the city has to realize that because they passed the density (ordinance that lets hotel developers build more units). the window of opportunity is small." In Its proposal, Chase officials say they have a/ready found one spot: three parcels that totalt. 1 aeres on Coronado Drive across the street from where the Hyatt Aqua\ea condo-hotells rising. Searcy said he thought the property might sell for . http://www.tampabay.com/news/localgovernmentlarticle508778.ece 5/16/2008 Item # 41 . . . Attachment number 1 Page 31 of61 $8-million to $10-million, but negotiations are still open. The Chase proposal also pointed out that Searcy played a hand in assembling land for the $125-million Marbella condo project, located on parts of Coronado Drive and S Gulfview Boulevard, which has since been put on hold. The city at this point has $6-million set aside that it could use to buy property. And it has $12.5-mlllion in planned revenues earmarked for a beach parking garage in last year's voter-approved Penny for Pinellas sales tax, which can be used to build capital projects or fund major infrastructure Improvements. The garage could cost as much as $9-milllon. Chase officials will meet with city leaders Tuesday to determine just how much Clearwater is willing to spend. City leaders have spent 10 years talking about a parking garage. Discussions with developers failed, mostly because prices were too steep. City leaders say the rapidly dropping real estate market coupled with rising insurance costs could make property owners willing to sell. If so, theYf'e ready to deal. The city does not want to build on the waterfront, but rather a few blocks away. Thafs why building a garage on the city- owned property by the Adam's Mark, which is on the water, is considered a last resort. In May 2003, city leaders discussed building a 335-space garage on top of the 1.4-acre lot. But residents were horrified, saying it would close the window to one of the only places in south Clearwater Beach where motorists can catch a glimpse of the Gulf of Mexico from their cars, >>Fast facts What's next The city has asked Chase Real Estate to assemble about an acre of land so it can build a beach parking garage. The firm already has three pieces put together: the Golden Villa Motel, 228 Harnden Drive; the Riviera Motel, 221 Coronado Drive; and the Echo Sails Motel, 216 Harnden Drive. C 2008 · All Rights Reserved' St. Petersburg Times 490 First Avenue South. St. Petersburg, FL 33701 · 727-893-8111 Cont!;lJ;t Us I .)oi!JU~ I A.cl'l~rtis.e witl1l)s I Subscribe to the, Tim~s Privacy PoliCY I Standard of Accuracy I Terms, Conditions 8<nCQpyrjght http://www.tampabay.com/news/localgovernmentJarticle508778.ece 5/16/2008 Item # 41 . . . Attachment number 1 Page 32 of 61 11 Windows live" HotmaiL markl realtor@hotmail,com Printed: Monday, June 9,20089:03 PM From : Reply-To: Sent: To: SUbject : Oearwater Beach Chamber of Commerce <office@beachchamber.com> office@beachchamber.com Wednesday, May 28,2008 1:13 PM wmsearot@chaseflorida.com You'll want to read this! CLEARWATER BEACH ~~:~~~~; -~~~ WWW.BEACHCHAMBER.COM ~ ~ .I Weekly Update Bringing a World of Business to Your Door May 7..8, 2008 ,1 .',::~::~I!}i~, ~ '~:~~'.> _ : , , ' ." ,""7r,~~!"q , r 1 'l'A"':1.~.. ~ d!;~/';ffJj':t~, ~ f\, ^! . ~ I '1 ~lfit j\/ ,'~' ',1:~f~~M:':':, ' ': Good morning Mark Have you gotten your table of friends and colleagues together for the June 12th Awards Banquet? Please RSVP to the office ASAPI Your payment Is your reservation and yes, you can pay online! "Our Chamber Rocks" ~ Visit Our Weekly Update Sponsor You'll want to b. at this .v.nt to h.ar our "BREAKING NEWS"I { Ii (),...----. :/4.../:., ~~:7- .. -- CALEDESI is #1 Beach in America! Pristine St. Pete/Clearwater 'Getaway' Tops 2008 List Hawaii. California outranked by 'Secret' Florida favorite I Coastal expert Dr. Stephen Leatherman, a.k,a, "Dr, Beach," has named Caladesi Island State Park America's Top Beach for 2008, Labeling it his "favorite getaway beach," Leatherman lauded the ., pristine barrier island's "powder white" sand and "warm, crystal,clear" _"C"" water in bestowing it the number one spot, nudging it into first place from the #2 ranking it received in both 2006 and 2007, See LINK to Dr, Beach elsewhere on this page. 727.210-1464 Sales & Rentals Debra Gregory, GRI Broker/Owner Can A Beach Parking Garage Happen? . The City of Clearwater has selected CBCC member Chase Real Estate, as their broker of choice to assemble land for a public parking garage on Clearwater Beach, International Property Specialist This offers commercial landowners the opportunity to sell their property to the City of Clearwater for this much needed parking project. The parking garage is necessary to help alleviate the lack of parking and the traffic congestion. 727.365-6752 http://by125fd.bay125.hotmai1.msn.comlcgi -bin! getmsg?cunnbox=00000000%2dOOOO... 6/9/2008 Item # 41 M~l..l tlOUmlll - . If you are a commercial landowner or a Real Estate agent with a current commercial listing on the island, please contact Mark Searcy at 727.409,5813 (email at wmsearcy@chaseflorida.com) or Walt Chase 727.447.3223.(email to wchase@msn.coml This window of opportunity, to make the parking garage a reality, will close within the next 30 days. Tam a Ba Hosts The Bowl in '09 *~ri,\* ~ Take advantage of the opportunity to advertise for this event. The Super Bowl is expected to expand the regional economy by an estimated $350 million through tourism that will create jobs; effe<:tively market our destination; encourage community involvement; contribute to local business development and add to the overall quality of life of our residents TANPA BAV OZ.O,.09 Take advantage of advertising for an unbelievable $200! The sooner you sign on, the more bang you'll get for your advertising buck! The ads will run thru Super Sunday, A Banner on our website homepage will take visitors to your ad that will appear on our Upcoming Events Page, Call for more info and get in on this great deal to promote your SUPER BOWL SPECIALS! Sign up for the award-winning E-Lert electronic newsletter. The E-Lert: Hurricane and Safety News provides the most current Plnellas-spedfic Information about hurricanes. severe weather and other disasters. The monthly electronic newsletter also gives Instant updates from the county's Emergency Operations Center in the event a hurricane threatens the Tampa Bay area. Click here to learn more and subscribe. A New Restaurant or Twol . . From our friends at Britts on Clearwater Beach comes a new restaurant! Fishtail Willy's Ocean Grill is located at 2543 Countryside Blvd, Clearwater, in the back of the Countryside Centre. Doors open every day for lunch at 11 :OOam with the kitchen closing at 10,00pm, The Mermaid lounge remains open late night every day with selecl menu items available, Fish Tail Willy's Ocean Grill is not a chain restaurant, but a Clearwater Original. Stop by and wish Lior 'Mazel Tov' and tell him you heard about it here! Also watch for a long time beach favorite to expand its presence to Beach Walk! Pink Power Walkl . Get some PINK POWER a help fight Cancer and Violence! We hope you are planning to support our .Pink lady", Betty Furniss in her PINK POWER fundraiser Saturday, May 31 ! All proceeds from this event will benefit the Mary Kay Ash Charitable Foundation dedicated to finding a cure for cancers affecting women and putting an end to domestic violence, A really great day - short walk, silent auction, raffles, SO/50 drawing, a nice goody bag filled with great stuff and the pink bike winner will be announced! Don't miss the fun and do bring a friend along! Even if you can't attend the event, you can make a donation (check to the MKACF) or you could buy a chance or two to win the PINK BIKE! Stop into Tommy Duffs on Island Estates to see the bike, And if you or a friend are a cancer survivor or are undergoing treatment, you are invited to autograph it! Ask for the special paint pen. Contact Betty to register,for more information call 447.4646 or email her at bettyfurniss@marykay.com Save the Dates I #MY 31st - 2nd Annual Mary Kay PInk Power Walk ~ 3rd . SAM BOD Meeting at Frenchy's Rockaway Grill 12th - Annual Awards Banquet at Shephards Wave Tiki Bar and Nightclub. . . . 2 TICKETS to Each of FIRST 4 CALLERS Attachment number 1 Page 33 of 61 Mark Thirey Realtor/Associate 727-517- 5300 Anna Aliaga, GRI Broker/Associate 727-455.6600 Your life is waiting, make the move! Chamber Website Click on tM Link of the WNlcl Or. Beach! ThmbLf9Ltb~ W~ck Mark Twain said: If you don't read the newspaper, you are uninformed. If you do read the newspaper, you are misinformed . Florida Orchestra Free Tickets! Beethoven ft Brahms Thu.May.29, 8:00 REH Sat,May.31,8:00 MAH Call Us! Contact Us: 727.447.7600 .~ Pay Online Read our June monthly newsletter, Beach Update, online! Click Here r~."'.-' ~.-- ,-, '-....-..\ Advertise With I The Chamber! I r~!,.t"I., ~~iN!TS! http://by125fd.bay125.hotmai1.msn.comlcgi -bin! getmsg?curmbox=00000000%2dOOOO... 6/9/2008 Item # 41 . . . Attachment number 1 Page 34 of 61 11 Windows Live- Hotmai, mark1 realtor@hotmail,com Printed: Monday, June 9,20088:56 PM From: Clearwater Beach Chamber of Commerce <office@beachchamber.com> office@beachchamber.com Wednesday, June 4,2008 1:05 PM wmsearcy@Chaseflorida.com Are You Going To Read This? Reply-To: Sent: To: SUbject: CLEARWATER BEACH (HAMBEROF COMMERCE ..- -..~r- ~-"' , WWW,8EACH(HA.M.BER.(OM ~m ~ .I Weekly Update Bringing a World of Business to Your Door June 4. 2008 Caledesi Island the #1 beach in America! " :n;~{~,..t:~;; !. ",,,r~,>t.J>lI\. I. -, 1 '; :~~f#;~;1,~;J", ( , ,'i~,'\~.~~~~;~~::" " . ! I, I'. V~:~~~~ifJ f~~;~:'" \ " ~I "' ,..'" j,,!,' I-i",," , \, '",' ,\,,~, Wl"'l",","" I r I_~~'.. '; ~ t1'f-i~~'P:&ffr~' ~!;!.,' ',~j '; , 1 II' ,~ I JtI.''1, Jll!l;,...~ "," l'" ", !.l \ " . ~ ,~,,~~.'" 18,......., '" l ,) ; " ',:,,' ~:~)'~~~:I]~ ;/> '- '> I I ,,, .1 f' t:.l .. ~ , -"., I,' ")",,., \'(,' T "'?i~#l;J-~;f ::, Good morning Mark Visit Our Weekly Update Sponsor ThIs Is the fInal week to make reservatIons for the June 12th Awards Banquet? Please RSVP to the office ASAP/ Your payment Is your reservatIon and yes, you can pay onlinel Don't mIss out on thIs sreat evenlos at Shepharcfs Beach Resort. Pre"Dfnner cocktafls & hors d'oeuvre party begIn at 6:00 p.m. Musical entertainment will be provided by Mus/cal/mases. .Our Chamber Rocks. ~ I .. (;z..-:"-..u, ,'/'4...t:., ~~- ... ".w You'll want to In at this .vent to h.ar our "BREAKING NEWS./ Hint: It's the only one In the wor/dl 727.210-1464 Can A Beach Parking Garage Happen? . EQUALLY IMPORTANT IS "WHERE"? The first place we need parkins is in the Beach Walk area on south Clearwater Beachl The 2nd consideration should be that it is constructed to allow for future spaces to be added. The 3rd consideration Is to design it to be both esthetically pleasing and so that ingress and egress will alleviate, not add to traffic congestion. No small task, but there's only one chance to get It right. Sales & Rentals Debra Gregory, GRI BrokerlOwner Commercial landowners have the opportunity to sell their property to the City of Clearwater for this much needed parking project. If you are a commercial landowner or a Real Estate agent with a current commercial listing on the island, please contact Mark Searcy at 727.409-5813 (email atwmsearcy@chasefiorida.com) or Walt Chase 727-447-3223, Internationa' Property Specialist 727.365-6752 http://by125fd.bay125.hotmai1.msn.com/cgi -bin! getmsg?curmbox=00000000%2dOOOO... 6/9/2008 Item # 41 . . . lVl~l'" l.lVUHQJ.1 - Attachment number 1 Page 35 of 61 11 Windows Live- Hotmail Printed: Monday, June 9, 2008 8: 57 PM mark 1 realtor@hotmail.com From: Reply-To: Sent: aearwater Beach Chamber of Commerce <office@beachchamber.com> office@beachchamber.com Wednesday, May 21, 2008 1:05 PM wmsearcy@chaseflorida.com Your May 21st Weekly Update To: Subject : CLEARWATER BEACH ~~:~~~~~ _ <~r- WWW.8EA(H(HAMBER,C.OM otrJoG m ~ .I Weekly Update Bringing a World of Business to Your Door May 21, 2008 " ,.' 11:'\'" ~ ,tj;<,","1, . j " :}.::,~:tr:rfl. ~ ~;r.~I~:' ",-, I 1 I . ': '/" ",~;I ,,:,~;,' 1 <, '\ '; l:' '.V/d~IJJ;!~;.j~ ,>. ..' I -I , ")" lq >l i~~?J,l1a:'(~wiI1~'mro:,1lt" , _, ":1 ;'",~t';:~f.~1': lU '\ , , ,;~It~%?~~.~t; I ,> 11.~~U~4{~~;J~':~ Good morning Mark Have you gotten your table of friends and colleagues together for the June 12th Awards Banquet? Please RSVP to the office ASAP! Your payment Is your reservatIon and yes, you can pay online! .Our Chamber Rocks. ~ Visit Our Weekly Update Sponsor Can A Beach Parking Garage Happen? . r . (;z.;.:-.. :/&...1:.. ~~ - ... .... The City of Clearwater has selected CBCC member Chase Real Estate. as their broker of choice to assemble land for a publiC parking garage on Clearwater Beach, 727.210.1464 This offers commercial landowners the opportunity to sell their property to the City of Clearwater for this much needed parking project. The parking garage is necessary to help alleviate the lack of parking and the traffic congestion. Sales & Rental. If you are a commercial landowner or a Real Estate agent with a current commercial listing on the island, please contact Mark Searcy at 727,409,5813 (email at wmsearcy@chaseflorida.com) or Walt Chase 727.447.3223.(email to wchase@msn.comj This window of opportunity, to make the parking garage a reality, will close within the next 30 days. Debra Gregory, GRI Broker/Owner Interaational Property Specialist Tam a Ba Hosts The Bowl in '09 727.365-6752 stJp.A SO...\, ~ Take advantage of the opportunity to advertise for this event. The '* * Super Bowl is expected to expand the regional economy by an ....-.. ~ http://by125fd.bayI25.hotmail.msn.comlcgi-bin/getmsg?curmbox=00000000%2dOOOO.. . 6/9/2008 Item # 41 e COMPARABLE PROPERTIES DATE OF SALE ADDRESS $ SQFT 1) 01-12-2006 411 S Gulfview Drive $2,000,000 7,697 (Average $260 per sq ft) 2) 12-22-2006 333 Harnden Drive $3,000,000 16,953 (Average $177 per sq ft) 3) 09-26-2005 326 Coronado Drive $10,320,000 53,897 (Average $197 per sq ft) 4) 09-20-2005 415 Coronado Drive $2,370,000 14,205 (Average $167 pef sq ft) 5) 08-09-2005 345 Harnden Drive $3,450,000 9,240 (Average $373 per sq ft) 6) 08-04-2005 350 Hamden Drive $3,400,000 24,754 (Average $127 per sq ft) . 7) 08-01-2005 326 Hamden Drive $3,900,000 21,531 (Average $181 per sq ft) 8) 07-29-2005 229 Coronado Drive $4,150,000 19,800 (Average $210 per sq ft) 9) 06-29-2005 101 Coronado Drive $4,083,000 10,284 (Average $397 per sq ft) 10) 05-26-2005 346 Harnden Drive $1,800,000 13,320 (Average $135 per sq ft 11) 03-07-2005 41 Devon Drive $2,400,000 16,500 (Average $145 per sq ft) 12) 01-18-2005 316 Hamden Drive $2,200,000 11 ,987 (Average $183 per sq ft) 13) 01-18-2005 315 Coronado Drive $2,200,000 6638 (Average $331 per sq ft) . Attachment number 1 Page 36 of 61 Item # 41 I, - -~~, ~~~~:: -, , ~-ffi- In1Wi'-I.. In '" Attachment number 1 j Page 38 of 6'1-'1 ~ .!I!i i ::'1J IJ~ " ~ " " 1 ., -\" .\!Iflll... . . .....' '"'1;': I." '" 1_ 1 ~ , I,r :.:'7f\" r, '\1 ., ~"l\l' '.""1 " '''\,.: r,jl'. ., ,. ,<- :=1 ' .1"<" ~_'1Ii: .11 . ~'~ '--,,," " ,. "'-- _" J 11"I'!I!IlIIl !i!. 011 ^' , " 4fl ';;1 'lilt , 'f""l , ''.1 ! ,~I I .,,:.1 bI. ~l ~ "', .J ,I .. ,I f~ . J" , ,'. ~..."' .~~I ~ ~ _" ./, ~:~. ,.j?~~ ' ~: - "~~"'~I '" :, ,r,"_ 'Il ~ ~I\- ,:.~; :.j ., i . . . Attachment number 1 Page 39 of 61 ASSEMBLAGE #1 1) City lot (corner of Devon Drive and Harnden Drive) irregular lot size 16,430 sq ft (.3664 acres) 2) "Echo Sails" 216 Harnden Drive 135 x 115 = 15,525 sq ft (.3564 acres) 3) "Golden Villa" 225 Coronado Drive irregular lot size 16,500 sq ft (.38 acres) 4) "Riviera" 221 Coronado Drive 185 x 105 = 19425 sq ft (.4516 acres) TOTAL OF "SQUARE" WITH CITY PIECE = 67,880 sq ft (1.56 acres) COST = $9.7 million Item # 41 . . . ASSEMBLAGE #2 1) "Golden Villa" 225 Coronado Drive irregular lot size 16,500 sq ft (.38 acres) 2) "Sunrise" 229 Coronado Drive 90 x 220 = 19,800 sq ft (.46 acres) TOTAL OF "SQUARE" = 36,300 sq ft (.84 acres) COST = $7 million Attachment number 1 Page 41 of61 Item # 41 . . . " Attachment number 1 Page 43 of 61 ASSEMBLAGE #3 1) 301 Coronado Drive irregular lot size (.3131 acres) 2) 309 Coronado Drive irregular lot size( .5896 acres) TOTAL OF "SQUARE" = 39,600 sq ft, (.901 acres) COST = $9.5 million Item # 41 . . . ASSEMBLAGE #4 1) 316 Harnden Drive (portion) irregular lot size approx (.2752 acres) 2) 326 Harnden Drive (portion) irregular lot size approx (.4943 acres) 3) 321 Coronado Drive 60 X 110 = 6,600 sq ft (.1515 acres) 4) 315 Coronado Drive irregular lot size ( .1524 acres) 5) 317 Coronado Drive 60 x 110 = 6,600 sq ft (.1515 acres) TOTAL OF "SQUARE" = 39,600 sq ft (.901 acres) COST = $8.56 million Attachment number 1 Page 45 of 61 Item # 41 . . . Attachment number 1 Page 47 of 61 ASSEMBLAGE #5 1) "New Yorker" 332 Harnden Drive 87 X 110 = 9,570 sq ft (.2191 acres) 2) "Tropical Sky -Ranch" 333 Coronado Drive 63 X 110 = 6,930 sq ft (.1592 acres) 3) 331 Coronado Drive 61 X 110 = 6,710 sq ft (.1540 acres) 4) 327 Coronado Drive 60 X 110 = 6,600 sq ft (.1515 acres) 5) 330 Harnden Drive 97 X 110 = 10,670 sq ft (.2449 acres) TOTAL OF "SQUARE" = 40,480 sq ft (.9293 acres) COST = $9.16 million Item # 41 e . . Attachment number 1 Page 49 of 61 ASSEMBLAGE # 6 1) "Gem Tower Motel" 341 Coronado Drive 7.0 X 220 = 15,400 sq ft (.3535 acres) 2) "Tropicana Motel" 347,353 Coronado Drive/350 Harnden Drive Irregular lot size = 20,524 sq ft (.4712 acres) 3) "Tri-Plex" 345 Coronado Drive 60 X 110 = 6,600 sq ft (.1515 acres) 4) "Albatross Motel" 346 Harnden Drive irregular lot size = 13,321 sq ft (.3058 acres) TOTAL OF "SQUARE BLOCK"= 55,845 sq ft (1.282 acres) TOTAL COST = $8.5 million Item # 41 . . . Attachment number 1 Page 51 of 61 ASSEMBLAGE # 7 1) "Tropicana Motel" 347,353 Coronado Drive/350 Harnden Drive Irregular lot size = 20,524 sq ft (.4712 acres) 2) "Tri-Plex" 345 Coronado Drive 60 X 110 = 6,600 sq ft (.1515 acres) 3) "Albatross Motel" 346 Harnden Drive irregular lot size = 13,321 sq ft (.3058 acres) TOTAL OF "SQUARE" = 40,445 sq ft ( .9285 acres) TOTAL COST = $4.5 million Item # 41 e ASSEMBLAGE # 8 1) "Barefoot Bay Resort" 401 East Shore Drive Irregular lot size = 14,100 sq ft (. 3237 acres) 2) "Beverly Dollar Lot" 403 East Shore Drive 65 X 180 = 11,700 sq ft (.2685 acres) 3) "Rogers Lot #1" 405 East Shore Drive 65 X 152 = 9,880 sq ft (.2268 acres) 4) "Rogers Lot #2" 409 East Shore Drive 60 X 163 = 9,780 sq ft (.2245 acres) 5) "City Lot" 18 x 200 = 3,600 sq ft (.0826 acres) e TOTAL OF "SQUARE" = 49,060 sq ft (1.126 acres) TOTAL COST = $11.2 million . Attachment number 1 Page 54 of 61 Item # 41 . . . Attachment number 1 Page 56 of 61 ASSEMBLAGE # 9 1) "Olympia Motel" 423 East Shore Drive 100 X 121 = 12,100 sq ft (.2777 acres) 2) "Anna Motel" 425 East Shore Drive 50 X 137 = 6,850 sq ft (.1573 acres) 3) "Anna Motel" 441 East Shore Drive 49 X 140 = 6,860 sq ft (.1575 acres) 4) "Papaya Street" Approximately 60 X 140 = 8,400 sq ft (.1928 acres) TOTAL OF "RECTANGLE" = 34,210 sq ft (.7850 acres) TOTAL COST = $5 million Item # 41 . . . ASSEMBLAGE # 10 1) "City Lot" Approximately 70 X 115 = 8,050 sq ft (.1848 acres) 2) "Cotellnc" (City Lot) 150 X 115 = 17,250 sq ft (.3960 acres) 3) "Tsafatinos Lot" 406 East Shore Drive 50 X 115 = 5,750 sq ft (.1320 acres) 4) "Traveler Motel" 408 East Shore Drive 100 X 115 = 11,500 sq ft (.2640 acres) TOTAL OF "RECTANGLE" = 42,550 sq ft (.9768 acres) TOTAL COST = $6 million (plus 3,600 sq ft of retail space) Attachment number 1 Page 58 of 61 Item # 41 . . . Attachment number 1 Page 60 of 61 ASSEMBLAGE # 11 1) "Gruver's Gas Station" 415 South Fort Harrison Street 90 X 184 = 16,560 sq ft (.3802 acres) 2) "Harrison's Grille" 401 South Fort Harrison Street 60 X 190 = 11,400 sq ft (.2617 acres) 3) "Markley Street" Approximately 60 X 190 = 11,400 sq ft (.2617 acres) 4) "City Lot" (North of Harrison's Grille) Approximately 60 x 190 = 11,400 sq ft (.2617 acres) TOTAL OF "LOT" = 50,760 sq ft (1.165 acres) TOTAL COST = $6 million Item # 41 Jul 08 08 02:19p Linda Christman 727-445-9589 Attachp1e~number 2 Page 1 of 1 Rod Irwin Assistant City Manager City Of Clearwater JUly 8th, 2008 RE: Final Presentation Parking Garage Assemblage Rod, Enclosed is a copy of my final presentation to City Council and updated price sheets of assemblages. Please review them and let me know if you want to make any changes, I will continue to work to get the prices reduced up until next Monday's Work Session. Hope your vacation was relaxing and memorable! ,,{/1cJ ~~ Mark Searcy CHASE REAL ESTATE Commercial Division 660 MANDALAY AVENUE" CLEARWATER BEACH, FL 33767 OFFICE 727447-8800 " 727447.8814 FAX WWW.CHASEFLORIDA.COM ---- --~~_.__._._- --+tem-#-41 ~..... '::::-:.:.:r~:::2.'...-E;2 v '_=~ ;.:~~"-[', C:<:Cf,GC,. ~'- COMPARABLE PROPERTIES 2005 DATE OF SALE ADDRESS $ SQFT 1) 09-26-2005 326 Coronado Drive $10,320,000 53,897 (Average $197 per sq ft) 2) 09-20-2005 415 Coronado Drive $2,370,000 14,205 (Average $167 per sq ft) 3) 08-09-2005 345 Hamden Dfive $3,450,000 9,240 (Average $373 per sq ft) 4) 08-04-2005 350 Hamden Dfive $3,400,000 24,754 (Avefage $127 per sq ft) 5) 08-01-2005 326 Hamden Dfive $3,900,000 21,531 (Average $181 per sq ft) 6) 07-29-2005 229 Coronado Drive $4,150,000 19,800 (Average $210 pef sq ft) 7) 06-29-2005 101 Coronado Drive $4,083,000 10,284 (Average $397 pef sq ft) 8) 05-26-2005 346 Hamden Drive $1,800,000 13,320 (Average $135 pef sq ft 9) 03-07-2005 41 Devon Drive $2,400,000 16,500 (Avefage $145 pef sq ft) 10) 01-18-2005 316 Hamden Dfive $2,200,000 11,987 (Avefage $183 per sq ft) 11) 01-18-2005 315 Coronado Drive $2,200,000 6,638 (Avefage $331 per sq ft) 2005 TOTAL: $40,273,000 divided by 204,156 sq ft = $197 per sq ft Approximately $8.6 million per acre Attachment number 2 Page 1 of 1 Item # 41 COMPARABLE PROPERTIES (CONTINUEDl 2006 DATE OF SALE ADDRESS $ 1) 01 ~ 12-2006 411 S Gulfview Blvd $2,000,000 (Average $260 pef sq ft) 2) 12-22-2006 333 Hamden Dfive $3,000,000 (Avefage $177 pef sq ft) SQFT 7,697 16,953 2006 TOTAL: $5,000,000 divided by 24,650 sq ft = $203 per sq ft Approximately $8.8 million per acre 2007 1) 12-00-2007 430 S Gulfview Blvd $17,500,000 80,070,000 (Average $219 pef sq ft) PLEASE NOTE: PROPERTY ORIGINALLY SOLD IN 2003 FOR $20,138,200 AND AGAIN IN 2005 FOR $31.500,000 2007 TOTAL: $17,500,000 divided by 80,070,000 sq ft = $219 per sq ft Approximately $9.5 million per acre (Page 2) Attachment number 2 Page 1 of 1 Item # 41 Attachment number 2 Page 1 of 1 ASSEMBLAGE "SUPER BLOCK" 1) City lot (corner of Devon Drive and Harnden Drive) irregular lot size 16,430 sq ft (.3664 acres) 2) "Echo Sails" 216 Harnden Drive 135 x 115 = 15,525 sq ft (. 3564 acres) 3) "Golden Villa" 225 Coronado Drive irregular lot size 16,500 sq ft (.38 acres) 4) "Riviera" 221 Coronado Drive 185 x 105 = 19,425 sq ft (.4516 acres) 5) "Sunrise" 229 Coronado Drive 90 x 220 = 19,800 sq ft (.46 acres) 6) 35 Devon Drive (Decade Properties) 100 x 110 = 11,000 sq ft (.2525 acres) 7) "Anchor Mart" 207 Coronado Drive 50.25 x 110 = 5,525 sq ft (.1263 sq ft) TOTAL OF "SUPER BLOCK" WITH CITY PIECE = 104,205 sq ft ( 2.392 acres) COST = $16 million with concession for parking for 35 Devon Drive site. REVISED COST = $13.4 MILLION WITH CONCESSION FOR PARKING FOR 35 DEVON DRIVE SITE. Item # 41 Attachment number 2 Page 1 of 1 ASSEMBLAGE #1-A 1) City lot (corner of Devon Drive and Harnden Drive) irregular lot size 16,430 sq ft (.3664 acres) 2) "Echo Sails" 216 Harnden Drive 135 x 115 = 15,525 sq ft (.3564 acres) 3) "Golden Villa" 225 Coronado Drive irregular lot size 16,500 sq ft (.38 acres) 4) "Riviera" 221 Coronado Drive 185 x 105 = 19,425 sq ft (.4516 acres) 5) 35 Devon Drive (Decade Properties) 100 x 110 = 11,000 sq ft (.2525 acres) TOTAL OF "SQUARE" = 78,880 sq ft (1.81 acres) COST = $8.9 million with concession for parking for 35 Devon Drive site Item # 41 Attachment number 2 Page 1 of 1 Attachment number 2 Page 1 of 1 ASSEMBLAGE #1-B 1) City lot (corner of Devon Drive and Harnden Drive) irregular lot size 16,430 sq ft (.3664 acres) 2) "Echo Sails" 216 Harnden Drive 135 x 115 = 15,525 sq ft (.3564 acres) 3) "Riviera" 221 Coronado Drive 185 x 105 = 19,425 sq ft (.4516 acres) 4) 35 Devon Drive (Decade Properties) 100 x 110 = 11,000 sq ft (.2525 acres) TOTAL OF "SQUARE" = 62,380 sq ft (1.43 acres) COST = $6.1 million with concession for parking for 35 Devon Drive site Item # 41 ASSEMBLAGE #2 1) "Golden Villa" 225 Coronado Drive irregular lot size 16,500 sq ft (.38 acres) 2) "Sunrise" 229 Coronado Drive 90 x 220 = 19,800 sq ft (.46 acres) TOTAL OF "SQUARE" = 36,300 sq ft (.84 acres) COST = $7 million REVISED COST = $6.3 million Attachment number 2 Page 1 of 1 Item # 41 Attachment number 2 Page 1 of 1 ASSEMBLAGE #3 1) 301 Coronado Drive irregular lot size (.3131 acres) 2) 309 Coronado Drive irregular lot size( .5896 acres) TOTAL OF "SQUARE" = 39,600 sq ft (.901 acres) COST = $9.5 million REVISED COST = $7.99 million Item # 41 Attachment number 2 Page 1 of 1 ASSEMBLAGE #4 1) 316 Harnden Drive (portion) irregular lot size approx (.2752 acres) 2) 326 Harnden Drive (portion) irregular lot size approx (.4943 acres) 3) 321 Coronado Drive 60 X 110 = 6,600 sq ft (.1515 acres) 4) 315 Coronado Drive irregular lot size (.1524 acres) 5) 317 Coronado Drive 60 x 110 = 6,600 sq ft (.1515 acres) TOTAL OF "SQUARE" = 39,600 sq ft (.901 acres) COST = $8.56 million REVISED COST = $7.38 million Item # 41 Attachment number 2 Page 1 of 1 ASSEMBLAGE #5 1) "New Yorker" 332 Harnden Drive 87 X 110 = 9,570 sq ft (.2191 acres) 2) "Tropical Sky Ranch" 333 Coronado Drive 63 X 110 = 6,930 sq ft (.1592 acres) 3) 331 Coronado Drive 61 X 110 = 6,710 sq ft (.1540 acres) 4) 327 Coronado Drive 60 X 110 = 6,600 sq ft (.1515 acres) 5) 330 Harnden Drive 97 X 110 = 10,670 sq ft (.2449 acres) TOTAL OF "SQUARE" = 40,480 sq ft (.9293 acres) COST = $9.16 million REVISED COST = $8.88 million Item # 41 Attachment number 3 Page 1 of 2 -----Original Message----- From: Irwin, Rod Sent: Tuesday, July 15, 2008 3:40 PM To: City Council; Horne, William; Goudeau, Cyndie; Quillen, Michael Subject: FW: Ed- Proposed City Garage Cost Per your Request Importance: High -----Original Message----- From: Quillen, Michael Sent: Tuesday, July 15, 2008 2:42 PM To: Irwin, Rod Subject: FW: Ed- Proposed City Garage Cost Per your Request -----Original Message----- From: Roamy Valera [mailto:rvalera@timhaahs.com] Sent: Tuesday, July 15, 2008 2:38 PM To: Quillen, Michael Subject: RE: Ed- Proposed City Garage Cost Per your Request You can utilize a in the per space to build a garage in the area you described. Construction costs have increased but we still feel comfortable with this for the purpose of your Let me know if I can be of further Best Item # 41 Attachment number 3 Page 2 of 2 From: M ichael.Qu i lIen@myClearwater.com [ma i Ito: M ichael.Qu i lIen@myClearwater.com] Sent: Tuesday, July 15, 2008 2:33 PM To: Roamy Valera Subject: FW: Ed- Proposed City Garage Cost Per your Request Item # 41 1. D <6 ').. 1'\'\ \\JI.... Goudeau, Cyndie From: Sent: To: Cc: Subject: Quillen, Michael Thursday, July 17, 2008 2:41 PM Irwin, Rod; Horne, William Silverboard, Jill; Goudeau, Cyndie Parking garage questions Below are answers to the various parking garage questions that have been coming in. Please let me know if I have missed any, 1. Cost to build a one level deck on top of the S, Gulfview lot (Cretekos)- The cost would be a similar per space figure as a larger garage due to foundation requirements, elevator, aesthetics etc, This deck could accommodate approximately 70 cars. At $20 K per space this would be $1 A M plus some work required to adjust the existing surface parking. I would use $2 M total. 2. Justification for the $11 K per space cost of the new TIA Economy Garage (Gibson)- This is primarily due to economies of scale. This is a $60 M, 5668 space garage, At that size you would expect the unit cost to be lower. It also does not have the level of aesthetic treatment we would be looking at. 3. Sheila Cole has said that the parking demand is significantly higher since Beach Walk opened, do we have figures to justify this (Doran)- This comparison is difficult because the number of available spaces has changed and there are multiple different collection systems involved: cashiers, regular meters and the new pay & display meters, Also, we do not track number of cars or percent of spaces occupied, The best we can do is a financial comparison using the months of May & June in 2006 (before Gulfview construction) and May & June in 2008 (after Beach Walk opened). The attached table shows a comparison of revenue per space, The first column is the Pier 60 lot, revenue per space has increased by 17% in 2008. The second column is the S. Gulfview and temporary Salt Block lot, the revenue per space is up 36% in 2008. The third column is the Rockaway lot on north beach, revenue per space hasn't changed. The fourth column is the 2 small lots to the north of Causeway Boulevard, the revenue per space has gone up 28% in 2008, In general the parking usage does seem to have increased this year, particularly on the south end. Rev rison Beach Lot~ 4. Analysis of the last Chance proposal (Assemblage #4 revised)- This square has dimensions of 140' north-south and 220' east-west. The 140' dimension is the minimum necessary for an efficient layout, a little more would be better. This could accommodate about 70 cars per level, conservatively 5 levels would be required for 300 spaces. Access is not ideal as the site is just south of Aqualea and the Aqualea garage entrance is at the south end creating some possible conflicts, however the site does front on both Coronado & Hamden so you could have one way in & one way out. Pedestrian access to the beach is not great as it is about 200' south of Second Street and 400' north of Fifth Street. 5. How many spaces could you get in a 3 story garage on the Pier 60 lot (Cretekos)- A ground level with 2 floors above it would provide approximately 360 spaces, Michael D. Quillen, P.E. Director of Engineering City of Clearwater michael. quillen@myclearwater.com 727-562-4743 1 ~ \)~ '\/ >1/\ ~ \\' ASSEMBLAGE #4 (REVISED\ 1) A portion of 316 Hamden Drive irregular lot size 80 x 110 = 8800 sq ft (.2020 acres) 2) A portion of 326 Hamden Drive irregular lot size 60 x 110 = 6600 sq ft (.1515 acres) 3) 321 Coronado Drive 60 X 110 = 6,600 sq ft (.1515 acres) 4) A portion of 315 Coronado Drive irregular lot size 20 x 110 = 2200 sq ft (.0505 acres) 5) 317 Coronado Drive 60 x 110 = 6,600 sq ft (.1515 acres) TOTAL OF "SQUARE" = 30,800 sq ft (.7071 acres) REVISED COST = $5 million BENEFITS: 1) Meets $5 million target price. 2) Meets "perfect square" dimension guidelines. 3) Distance from Pier 60/Roundabout is 2/3 of the way down Coronado Drive. 4) Appropriate distance from Hyatt Aqualea to avoid adjacent parking garages. 5) PUBLIC ACCESS directly across the street allows pedestrians to exit the garage into the center of BEACHWALK. 6) Ability to recoup some of cost by building and selling retail space. I have a client who is anxious to purchase retail space. I have received an initial LOI to this affect. 7) The current owner of the remainder of the block North of this assemblage intends to purchase the remainder of the assembled property South of this assemblage in order to build two 3-star resorts. This would create a very symmetrical block. r'-- -"1 l 0644~:_ 363~~* "'. 65910....J -~/ , 11490 -,,, , " )~~~t.C~-' f'~ (j~m"; ~-t-r:fl:m;, ;.,-': J :;,: :r~ ' ~ "',," ~. - '112 345 6, . - '''J r '~I,~,:JS ~'.,I":. :.:....::.... r 2~~. ','i.~."'.~.' ';;r.-8.~ ~~I~~~.:~,~,'~ tI.TJttf:I'I"';~':;'I'rz.' ~~.~;; · l' mlli", , ','+.5'... ':,1,1 I.~.i -'';F~I''~~''::;'':.':;/:'' I','.; 1"'123 ,;,'F.~32i{" J;' ,.', I,' " ~. r 1; 2!JL '3"~t ..."~ .5 : 6 "1 3 4J5 6, 9 I. ~ .! " #, '--- - --L 'I 7' .:, ,:1. -';'" :",",'; /' -':-1 '. " I-lOA ___-, 'r- 17640 _.J ~- ..,-" ,,'f~~, ,.,.,"'.:,::-~ 8S8438- ~ :11'~ ~~-~ ~~ .' 2 r '+- I ". ; ! i. -:'5.. . r :[ , .;;, .' _ ;:. ;;: ~'f 2:,"" {'_ 1. _/ '}, 4) ;; ;'-L... It!r 1 ar "1~1 11.11. ~ .1:...;" '3.! I 2 I' I "' fo'--.."'i~'~ r'_, --~ l.,. I';, ........ - ._~""''-.I. It.j -..', >. r 17~ W /~--' "~ ;i' /,-,m. 7 35 ----.!..._--------- 2 f--____________ --------------- " .--------------- 'g.:~~1:rf~~, !~---(",e' ~~)~ , - "_.J f .'_~ :' flf", HP2';~2 :' :-: ,;.~1; ,(" 1: g U~J;j NS : J;z 4 :. !a:", i [" - ''''. ;a,,::: "''''''---rg--~:::.::ri~.. rr).::-~l~ ~4 i~y~~~'-,~7~:i,I, ~~.:/Lj~ ':0 '- .--;.......\ ;.----~---------- 60 --..-------------- "--------------- '-----!.:4.~- "111 -----:.~~- 35 i----,-~- I 57 f 104l:. I .2:c'!) 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I _ .'__ "' .. '4<-. "" " .. -, , ('f-MD fT~~ 7..>- . r 57 I 1 O~ ~ I 229 I l_.___ I a:: 230 -----. ~-e-- LL - ~ 118 -::.-, 1 t-:,~. ~lf; 31(t ~~ /. Meeting Date:7 /17 /2008 City Council Agenda Council Chambers - City Hall SUBJECT I RECOMMENDATION: Amend City code Sections 2.082 through 2.084, delete Section 2.085 relating to the Airpark Advisory Board and pass Ordinance 7982-08 on first reading. SUMMARY: The City Council reviewed reviewed the code sections relating to the Airpark Advisory Board and directed the following changes: 1) amend section 2.082 to require at least one neighborhood representative on the board 2) amend section 2.084 to update the powers and duties of the board 3) delete 2.085 as it is redundant to 2.084. Review Approval: 1) Clerk Cover Memo Item # 42 Attachment number 1 Page 1 of 2 ORDINANCE NO. 7982-08 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING CHAPTER 2 ARTICLE III DIVISION 2, CODE OF ORDINANCES RELATING TO THE AIRPARK ADVISORY BOARD; AMENDING SECTION 2.082 RELATING TO COMPOSITION OF THE BOARD; AMENDING SECTION 2.083, TERMS OF MEMBERS; AMENDING SECTION 2.084, POWERS AND DUTIES; DELETING SECTION 2.085; PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. Chapter 2, Article III, Division 2, Code of Ordinances, is hereby amended as follows; DIVISION 2. AIRPARK ADVISORY BOARD* Sec. 2.081. Creation. There is hereby created an airpark advisory board. Sec. 2.082. Composition definitions. The airpark advisory board shall consist of five members, at least one of which shall represent a neiQhborhood in the immediate vicinity and/or impacted by the fliQht patterns and approaches. Others may be appointed in ex officio capacity in order to obtain technical expertise unavailable locally. Sec. 2.083. Terms of members. Members of the airpark advisory board shall have four year staggered terms, staggered such that not more than two terms shall expire in any calendar year. Sec. 2.084. Powers and duties. The airpark advisory board sAal-I may initiate studies and make recommendations on the operation and maintenance of the airpark matters of the city to the city commission council and shall be responsive to the city commission council on airpark matters referred to the board by the city council. Sec. 2.085. Advisory board of city. This board shall act as an advisory board of the city pertaining to airpark matters. rReservedl Ordinance No. 1~#ls:l2 Section 2. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Approved as to form: Leslie K. Dougall-Sides Assistant City Attorney Frank V. Hibbard Mayor Attest: Cynthia E. Goudeau City Clerk Attachment number 1 Page 2 of 2 2 o rd i n arnem ['#)42 Meeting Date:7 /17 /2008 City Council Agenda Council Chambers - City Hall SUBJECT I RECOMMENDATION: Approve submitting to the City electors on the November 4, 2008, General Election, proposed amendments to the City Charter amending Section 8.0S(d), deleting current language and providing that the Pinellas County Canvassing Board shall serve as the City of Clearwater's canvassing board unless otherwise provided by ordinance and pass Oridinance 7991-08 on first reading. SUMMARY: The State legislature in 2007 passed HB 537 which included a provision requiring a post -certification manual audit of the voting system. As the manual audit requires much more time and training of the canvassing board members than in the past, the Supervisor of Elections is encouraging municipalities to allow the County Canvassing Board to perform this function. The proposed amendment will allow the City to easily make changes should State law change again. Placing the question on the November 2008 ballot will, if approved by the voters, have the change in place in time for the next City election. Cost for placing it on the ballot will be minimal as we will only be charged for our space on the ballot. Review Approval: 1) Clerk Cover Memo Item # 43 Attachment number 1 Page 1 of 2 ORDINANCE NO. 7991-08 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, SUBMITTING TO THE CITY ELECTORS PROPOSED AMENDMENTS TO THE CITY CHARTER AMENDING SECTION 8.05, ELECTIONS; AMENDING SECTION 8.05(D), DELETING CURRENT LANGUAGE AND PROVIDING THAT THE PINELLAS COUNTY CANVASSING BOARD SHALL SERVE AS THE CITY OF CLEARWATER'S CANVASSING BOARD UNLESS OTHERWISE PROVIDED BY ORDINANCE; PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. It is hereby proposed that Section 8.05(d) of the City Charter be amended as follows: Section 8.05. Elections. ***** (d) Can'l-8ssing board. The canvassing board shall have at least three members. It shall consist of the City Council members whose names do not appear on the ballot. In the event that there are less than three council members eligible to serve, the Council shall appoint as many citizen members as necessary to have three members. The canvassing board shall certify the election returns no later than 2-1 hours after the final election results are provided to the City Clerk by the Supervisor of Elections after any municipal election, except when such election is held in conjunction with an election conducted by Pinellas County, in which case certification of the returns by the county canvassing board may be accepted as the certification of the municipal election returns. The Pinellas County CanvassinQ Board shall serve as the City of Clearwater's canvassinQ board, unless otherwise provided by ordinance. Section 2. A referendum election is hereby called and will be held on November 4, 2008, at the general election. The question to appear on the referendum ballot reflecting the proposed amendment to the charter at said election scheduled for November 4,2008, shall be as follows: CANVASSING BOARD Shall section 8.05 of the City Charter be amended as provided in Ordinance 7991-08 to provide that the Pinellas County Canvassing Board Ordinance No.l~#l713 Attachment number 1 Page 2 of 2 shall serve as the City of Clearwater's canvassing board, unless otherwise provided by ordinance? YES NO Section 3. The City Clerk is directed to notify the Pinellas County Supervisor of Elections that the referendum item provided above shall be considered at the election to be held on November 4,2008. Section 4. This ordinance shall take effect immediately upon adoption. The amendments to the City Charter provided for herein shall take effect only upon approval of a majority of the City electors voting at the referendum election on this issue and upon the filing of the Amended Charter with the Secretary of State. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED AS AMENDED Frank V. Hibbard Mayor Approved as to form: Attest: Leslie K. Dougall-Sides Assistant City Attorney Cynthia E. Goudeau City Clerk 2 Ordinance No.l~#l713 City Council Agenda Council Chambers - City Hall SUBJECT I RECOMMENDATION: Ordinance 7992-08 - Amending solicitation ordinance SUMMARY: Meeting Date:7 /17 /2008 Review Approval: 1) Clerk Cover Memo Item # 44 Attachment number 1 Page 1 of 3 ORDINANCE NO. 7992-08 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, RELATING TO SOLICITING ON STREETS; AMENDING SECTION 28.041, CLEARWATER CODE OF ORDINANCES, TO CREATE AN EXEMPTION TO THE PROHIBITION AGAINST STREET SOLICITATIONS UNDER SPECIFIED CONDITIONS; ADDING A SEVERANCE PROVISION; PROVIDING AN EFFECTIVE DATE. WHEREAS, the orderly flow of motorized traffic is a major concern in congested urban areas, particularly because an obstruction or delay in traffic at one point along a traffic artery results in delays and backups far down the roadway; and WHEREAS, a public safety hazard has been identified with persons approaching motor vehicles to solicit charitable contributions, business, or employment from the occupants of motor vehicles being operated on public streets in Clearwater; and WHEREAS, unlike the oral advocacy of ideas, or even the distribution of free literature, successful solicitation from drivers distracts them from their primary duty to watch the traffic and potential hazards in the road, observe all traffic control signals or warnings, and prepare to move through the intersection because the individual is required to respond to the solicitor by, for example, searching for currency, passing it along to the solicitor, securing any change returned, replacing a wallet or closing a purse, and then returning proper attention to the full responsibilities of operating a motor vehicle; and WHEREAS, there are numerous and diverse methods of soliciting available in the city that provide ample alternatives for solicitation, including soliciting pedestrians on the sidewalk, canvassing door-to-door, telephoning individuals, or direct mailing; and WHEREAS, the Ordinance is narrowly aimed at the disruptive nature of soliciting the occupants of motor vehicles being operated on public streets and is not intended to restrict the communication of ideas, including the distribution of free literature to occupants of motor vehicles or even the solicitation of the occupants of motor vehicles that are lawfully parked; and WHEREAS, failure to restrict solicitations of the occupants of motor vehicles being operated on public streets will endanger the health, safety, and general welfare of the public by permitting unsafe pedestrian movement within travel lanes, sudden stoppage or slowdown of traffic, rapid lane changing, turns, and other dangerous traffic movement, increased vehicular accidents, and motorist injuries and fatalities; and Ordinance No, 79~tBrJB # 44 Attachment number 1 Page 2 of 3 WHEREAS, although the City Council has a substantial governmental interest in enhancing traffic safety and ensuring the free flow of traffic, the Council also seeks not to sweep too broadly in its prohibitions so as not to burden more speech than is necessary to promote its governmental interest; and WHEREAS, the City Council has determined that a balance can be reached between its governmental interest in enhancing traffic safety and ensuring the free flow of traffic and a solicitor's First Amendment right to solicit by authorizing street solicitations when the solicitors comply with the conditions set forth below; now therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. Section 28.041, Clearwater Code of Ordinances, is amended to read as follows: Section 28.041 Soliciting, collecting, etc., upon streets. ***** (3) An orQanization or person actinQ on behalf of the orQanization shall be exempt from subsection (1) under the followinQ conditions: (a) The orQanization or person actinQ on behalf of the orQanization must provide the followinQ to the chief of police: 1. No fewer than 14 calendar days prior to the proposed solicitation, the name and address of the person or orQanization that will perform the solicitation and the name and address of the orQanization that will receive funds from the solicitation. 2. A plan for the safety of all persons participatinQ in the solicitation, as well as the motorinQ public, at the locations where the solicitation will take place. 3. Specific details of the location or locations of the proposed solicitation and the hours durinQ which the solicitation activities will occur. 4. Proof of commercial Qeneralliability insurance aQainst claims for bodily injury and property damaQe occurrinQ on streets, roads, or riQhts-of-way or arisinQ from the solicitor's activities or use of the streets, roads, or riQhts-of-way by the solicitor or the solicitor's aQents, contractors, or employees. The insurance shall have a limit of not less than $1 million per occurrence for the Qeneral aQQreQate. The certificate of insurance shall name the City of Clearwater as an additional insured and shall be filed with the Office of the Chief of Police no later than 72 hours before the date of the solicitation. (b) OrQanizations or persons meetinQ the requirements of subparaQraphs (a)1.-4. may solicit for a period not to exceed 10 cumulative days within 1 calendar year. 2 Ordinance No, 79~tBrJB # 44 Attachment number 1 Page 3 of 3 (c) All solicitations shall occur durinQ dayliQht hours only. (d) Solicitation activities shall not interfere with the safe and efficient movement of traffic and shall not cause danQer to the participants or the public. (e) No person enQaQinQ in solicitation activities shall persist after solicitation has been denied, act in a demandinQ or harassinQ manner, or use any sound or voice-amplifyinQ apparatus or device. (f) All persons participatinQ in the solicitation shall be at least 18 years of aQe and shall possess picture identification. (Q) SiQnaQe providinQ notice of the solicitation shall be posted at least 500 feet before the site of the solicitation. (4) If any provision of this section is declared invalid for any reason, such invalidity shall not affect any of the remaininQ provisions of this section. Section 2. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Frank V. Hibbard Mayor Approved as to form: Attest: Robert J. Surette Assistant City Attorney Cynthia E. Goudeau City Clerk 3 Ordinance No, 79~tBrJB # 44 SUBJECT I RECOMMENDATION: City Manager Verbal Reports SUMMARY: City Council Agenda Council Chambers - City Hall Meeting Date:7 /17 /2008 Review Approval: 1) Clerk Cover Memo Item # 45 City Council Agenda Council Chambers - City Hall SUBJECT I RECOMMENDATION: Catholic Charities Request for Contribution for Pinellas Hope I SUMMARY: Meeting Date:7 /17 /2008 Review Approval: 1) Clerk Cover Memo Item # 46 SUBJECT I RECOMMENDATION: Other Council Action SUMMARY: City Council Agenda Council Chambers - City Hall Meeting Date:7 /17 /2008 Review Approval: 1) Clerk Cover Memo Item # 47