06/01/2000
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. Agenda:
6-1-00
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City Commission
Meeting
6-1-00
note: 5-30-00 Preliminary (W orksession) Agenda and paperwork that was
in package initially but then not continued onto Thursday's agenda is at
the back of this agenda pack.
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ACTION AGENDA - CLEARWATER CITY COMMISSION MEETING
Thursday, June 1, 2000 - 6:00 P.M. - Commission Chambers
1. Invocation - Rabbi Arthur Baseman, Temple B'Nai Israel.
2. Pledge of Allegiance - Mayor.
3. Service Awards - None.
4. Introductions and A wards
a) Employee of the Month - May 2000 - Muhammed Abdur-Rahim, Public Services.
b) Certificates of Appreciation to Fire Task Force Members - Given.
5. Presentations - None.
6. Approval of Minutes - Regular Meeting 5/18/00 & Special Meeting 5/23/00 - Approved 5/18 as
corrected by Clerk; 5/23 as submitted.
7. Citizens to be heard re items not on the Agenda
Rex Clark, Wayne Rommel, Jeff Rommel, Scott Wintrip, AnQel Santiaqo, Bob Bickerstaffe, Beth
Goodqame, and Mike Rommel support the Downtown Master Plan and the 7/11/00 referendum.
Anne Garris and Jim Ficken, oppose the Downtown Master Plan.
Tom Nucera reported a liberty Tree will be planted on 7/4/00. He recommended a building
moratorium until the drought has abated.
John Doran complimented staff re the reclaimed water project being installed on the beach.
PUBLIC HEARINGS
Not Before 6:00 P.M.
8. Public Hearing & First Reading Ords. #6549-00, #6550-00 #6551-00 - Annexation (& redefining
boundary lines of City to include said addition), Land Use Plan Amendment to
Residential/Office/Retail & Commercial Zoning, 1721 Coachman Plaza Dr. (proposed), Sec. 5-29-
16, M&B 33.052 (Superstar Tire Store of Clearwater, Inc., AOO-11)
ACTION: Approved. Ordinances passed 1st reading.
9. Public Hearing & First Reading Ord. #6526-00 - comprehensive amendments to the Community
Development Code
ACTION: Approved. Ordinance passed 1 st reading as amended.
10. Public Hearing & First Reading Ords. #6554-00 & #6555-00 - Land Use Plan Amendment to
Residential/Office Limited & Office Zoning, 2750 Sunset Point Rd., The Elks, portion of Lot 1
(BPOE Lodge 1525 I Cornerstone Communities, Inc., ZOO-03)
ACTION: Approved. Ordinances passed 1st reading.
Public Hearing - Second Reading Ordinances
11. Ord. #6523-00 - Annexation, 2155 Montclair Rd.,Sec. 1-29-15, M&B 14.01 (Ascot Development
Corp., AOO-06)
ACTION: Ordinance adopted.
6/1/00
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12. Ord. #6524-00 - Land Use Plan Amendment to Residential Urban (upland area) and Preservation
(wetland area), 2155 Montclair Rd.,Sec. 1-29-15, M&B 14.01 (Ascot Development Corp., AOO-
06)
ACTION: Ordinance adopted.
13. Ord. #6525-00 - MDR Zoning (upland area) and Preservation Zoning (wetland area), 2155
Montclair Rd.,Sec. 1-29-15, M&B 14.01 (Ascot Development Corp., AOO-06)
ACTION: Ordinance adopted.
14. Ord. #6531-00 - Vacating 40' r-o-w of Bay Avenue, lying north of Sadler St. & south of Jeffords
St. (Morton Plant Mease Health Care, VOO-05)
ACTION: Ordinance adopted.
15. Ord. #6536-00 - Annexation (& redefining boundary lines of City to include said addition), 1243
Brookside Dr., Sec. 24-29-15, M&B 21.01 (Dorothy Scott, AOO-l0)
~CTlON: Ordinance adopted.
16. Ord. #6537-00 - land Use Plan Amendment to Residential low (upland area) and Preservation
(wetland area), 1243 Brookside Dr., Sec. 24-29-15, M&B 21.01 (Dorothy Scott, AOO-l0)
ACTION: Ordinance adopted.
17. Ord. #6538-00 - lDR and Preservation Zoning, 1243 Brookside Or., Sec. 24-29-15, M&B 21.01
(Dorothy Scott, AOO-10)
ACTION: Ordinance adopted.
18. Ord. #6539-00 - Annexation 1& redefining boundary lines of City to include said addition), 1513
Country Lane East, Country Lane, lot 7 (Lois Quale, AOO-09)
ACTION: Ordinance adopted.
19. Ord. #6540-00 - land Use Plan Amendment to Residential low, 1513 Country Lane East,
Country Lane, lot 7 (Lois Quale, ADO-09)
ACTION: Ordinance adopted.
20. Ord. #6541.00 - lMDR Zoning, 1513 Country lane East, Country Lane, Lot 7 (Lois Quale, AOO-
09)
ACTION: Ordinance adopted.
21. Ord. #6542.00 - Annexation (& redefining boundary lines of City to include said addition), 1224
Stockton Dr., Stevenson's Heights, Blk C, Lot 9 (Rose & Beverly Jordan, AOO-08)
ACTION: Ordinance adopted.
22. Ord. #6543.00 - Land Use Plan Amendment to Residential Low, 1224 Stockton Dr., Stevenson's
Heights, Blk C, Lot 9 (Rose & Beverly Jordan, AOO-08)
ACTION: Ordinance adopted.
6/1 /00
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23. Ord. #6544-00 - LMDR Zoning, 1224 Stockton Dr., Stevenson's Heights, Blk C, Lot 9 (Rose &
Beverly Jordan, ACO-OS)
ACTION: Ordinance adopted.
24. Ord. #6545-00 - Annexation (& redefining boundary lines of City to include said addition), 1545
S. Belcher Rd., Sec. 19-29-916, M&B 33.05 & 33.07 (Greater Clearwater Association of
Realtors, AOO-07)
ACTION: Ordinance adopted.
25. Ord. #6546-00 - Land Use Plan Amendment to Residential/Office/Retail, 1545 S. Belcher Rd.,
Sec. 19-29-916, M&B 33.05 & 33.07 (Greater Clearwater Association of Realtors, AOO-07)
ACTION: Ordinance adopted.
26. Ord. #6547-00 - Commercial Zoning, 1545 S. Belcher Rd., Sec. 19-29-916, M&B 33.05 & 33.07
(Greater Clearwater Association of Realtors, AOO-07)
ACTION: Ordinance adopted.
27. Ord. #6558-00 - Amending Sec. 1.12, Code of Ordinances, to revise provisions for code
violations, enforcement and penalties and to amend fine schedule
ACTION: Ordinance adopted.
28. Ord. #6561-00 - Relating to utilities; amending Sec. 32.159 (water use restrictions, enforcement,
penalties) to conform with Pinellas County regulations during times of declaration of water
shortage condition or emergency
ACTION: Ordinance adopted.
CITY MANAGER REPORTS
CONSENT AGENDA (Items #29-33) - Approved as submitted.
Consent Agenda items require no formal public hearing and are subject to approval by a single motion.
However, any City Commissioner or the City Manager may remove an item from the Consent Agenda
to discuss and vote on each item separately.
29. Approval of Purchases per PurchasinQ Memorandum:
1) Bridges Equipment, one Kubota Tractor with trencher & trailer, $33,159.96; financing to be
provided under City's Master Lease-Purchase Agreement (GS)
30. Contract to Dames & Moore, removal & closure of 20 hydraulic lifts and 2 underground storage
tanks and removal of contaminated soil at 841, 901-927 Cleveland Street (Parcel A & B) owned
by the eRA, $94,133 (ED)
31. Contract to Sonny Glasbrenner, Inc., Demolition of Commercial Structure - 841, 901-927
Cleveland Street (Parcel A & B) and 813 Park Street (Parcel C), $65,450 (PW)
32. Contract to Medtronic Physiocontrol, purchase ten lP500 automatic external defibrillators,
$29, 113.50 (FD)
6/1/00
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33. Contract to Oce'-USA, Inc., purchase one Model 9476 II Multifunction System Copier/Plotter
with 5 year maintenance agreement, $40,005; declare surplus to City needs & authorize trade-in
one 1995 Oce' Model 7150 large document copier; authorize financing under City's Master
lease-Purchase Agreement (PW)
OTHER ITEMS ON CITY MANAGER REPORT
34. First Reading Ord. #6563-00 - Amending Ch. 2 Administration, Art. V Employee Benefits, Div. 3
Employees' Pension Plan; amending Sec(s) 2.393, 2.395, 2.396, 2.397, & 2.398 (HR)
ACTION: Approved. Ordinance passed 1 st reading.
35. Res. #00-19 - providing for sale of not to exceed $51 million Infrastructure Sales Tax Revenue
Bonds (FN)
ACTION: Approved. Resolution aoopted.
36. First Reading Ord. #6562-00 - increasing domestic water, lawn water & wastewater collection
utility rates by 6.6% beginning 7/1/00 (PW)
ACTION: Approved. Ordinance passed 1 st reading.
37. Res. #00-21 - Rescinding Res. #98-41 and authorizing City Officials to sign applications for
FDOT permits (PW)
ACTION: Approved. Resolution adopted.
38. Res. #00-24 - Approving Time-Warner Inc. and America On-line Inc. merger, granting a change or
transfer in control of the Time Warner Entertainment .. Advance/Newhouse Partnership (d/b/a
Time Warner Communications) Cable Franchise, a subsidiary of Time Warner Inc. (IA)
ACTION: Approved. Resolution adopted.
39. First Reading Ord. #6560-00 - granting FPL FiberNet, L.L.C. a franchise to provide
telecommunications services to business customers in the City of Clearwater (ED)
ACTION: Approved. Ordinance passed 1 st reading.
40. Other Pending Matters - None.
CITY ATTORNEY REPORTS
41. Other City Attorney Items - None.
42. City Manager Verbal Reports- None.
43. Commission Discussion Items
a) Direction re Review of Downtown Redevelopment fiscal information - to be brought forward
after the 7/11/00 referendum.
6/1 /00
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44. Other Commission Action
Clark congratulated Mr. and Mrs. Rommell regarding the accomplishments of their son, Jeff, a
Countryside High School student.
Johnson questioned if the City could adopt a building moratorium. It was stated such action
cannot be imposed at this time.
Johnson thanked Miles Ballogg for the Brownfields brochure he developed.
Johnson thanked Katherine Castor for the work she did on behalf of the City in Tallahassee.
Johnson questioned how to enforce lawn-watering restrictions. It was recommended citizens
contact code enforcement with the address of properties that do not comply with regulations.
Hooper congratulated Countryside High School's Television department for awards received at
the State competition. Also sophomore student Brian Aungst, Jr., for his award as the State's
top secondary school news anchor.
Clark requested information distributed to the Commission identify the author and genesis.
Clark reported the beach had broken a traffic record last Saturday with 55,426 vehicles.
Clark complimented Parks & Recreation for the beautiful new facility at Eddie Moore West.
Clark will not attend the 6/15/00 meeting and encouraged all to vote in the 7/11/00 referendum.
Aunost announced the State had awarded $3-million to the City and thanked Clearwater's
legislative delegation, Senator Latvala, & the City's lobbying team.
Aunost said recent meetings on downtown redevelopment have been well attended.
Aunost thanked the Clearwater Beach Chamber of Commerce for inviting his participation at their
annual awards dinner.
Aunost thanked Terry Schmidt and staff for the successful Memorial Day concerts.
Aunost invited residents to attend BeachFest at Pier 60 on 6/9, 10, and 11.
45. Adjournment - 9:12 p.m.
6/1/00
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CITY OF CLEARWATER
Interdepartmental Correspondence
TO: Mayor and Commissioners
FROM: Cynthia E. Goudeau, City Clerk@
SUBJECT: Follow up from May 30, 2000 Work Session
COPIES: MichaelJ. Roberto, City Manager
DATE: May 31,2000
In response to questions raised at the May 30, 2000, Work Session, the following answers
are provided in final agenda order:
Commission Minutes of 5/18/00 are provided.
Item 119 - Ordinance 6526-00, comprehensive amendments to the Community
Development Code - Memo dated 5/31/00 detailing additional amendments and issues to be
resolved is provided.
Miscellaneous - Mr. Crown's fee for review of the roundabout is $20,500; there is no
separate fee for responding to the questions.
Roundabout traffic counts for 5/26 thru 5/29 are:
Saturday, (.May 27) 55,426 (record high; Spring Break had a peak count of 54,769)
Sunday, (May 28) 50,197 (there was an accident on the Draw Bridge eastbound
that backed up traffic through the roundabout and south to Sand Key Bridge)
Monday, (May 29) 44,753
Since December, there have been 77 minor accidents that required police reports, and 191
accidents that did not require police reports.
Note: The item listed at work session under Other City Attorney Items, (Increase contract by
$10,840 with CYC01vI Data Systems, Inc., for purchase of CityLaw software applications, for
total of $33,340) has been removed from the agenda by the City Attorney.
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Worksession Item #:
Gearwater Gty Commission
.Agenda Cover Mmorandum
R nal Agenda Item #
Meeting Date: June 1,2000
SJ B.ET/RECOM MENDAllON:
. Petition for Annexation, Land Use Plan and Zoning Atlas Amendments for 1721 Coachman Plaza Drive;
Owner: Superstar Tire of Clearwater
MOllON: APPROVE the Petition for Annexation, Land Use Plan Amendment from County
Residential/Office/Retail to City Residential/Office/Retail and Zoning Atlas Amendment from County Zoning
District Commercial Parkway District (CP-2) to City Commercial District (C) for M&B 33/052 in Section 5-
29S-16E, and PASS Ordinances No. 6549-00,6550-00 & 6551-00 on first reading (ANX 00-03-07)
~ and that the appropriate officials be authorized to execute same.
SUMMARY:
.
The property owner has requested this annexation in order to receive sewer service from the City. The
applicant is currently receiving water from the Pinellas County and will continue to do so. Moreover, the
applicant owns an existing lot which is already in the City and located immediately adjacent to the south of the
subject property. This property is approximately 27,200 square feet or 0.624 acres and currently in use as a
vehicle service. The applicant wants to bring all its property into the City so that the site could be more
conveniently developed under the City's Commercial (C) zoning district. The subject property will have a land
use plan designation of Residential/Office/Retail and it is proposed to be zoned Commercial (C). The subject
property is now vacant. Following this annexation, the applicant wishes to construct a 2,616 square foot vehicle
service on this site including a parking lot with 13 spaces (pending Flexible Development Application Case # FL
00-01-02). The annexation of the subject property will also eliminate an existing enclave in this subdivision.
.
The proposed annexation can be served by all City of Clearv/ater services, including utilities, police, fire and
emergency medical services without any adverse effect on the service level. The applicable sanitary sewer
impact fee which will be based on 5/8" diameter pipe will be paid by the applicant at the time of issuance of
building permits. The applicant is also aware of the additional cost to connect the property to the City utility
systems and to extend the line to the proposed structure.
.
The proposed annexation and proposed use are consistent with both the City's Comprehensive Plan and the
Countywide Plan both with regard to the Future Land Use Map as well as goals and policies.
.
The proposed annexation is consistent with Florida law regarding municipal annexation through its adjacency
with existing City boundaries and is compact in concentration.
III
The Community Development Board will be reviewing this item at their regularly scheduled public hearing
meeting of May 16, 2000.
Reviewed by:
Legal /'1 f . ,
Budget ~
Purchasi ng N/A
Risk Mgmt N/A
Info Svc
Cu rrent FY
Originating Dept:
PLANNING AND
DEVB-OPMENT SfRVIC
User Dept.
Costs
Total
Public Works
Funding Source:
CI
OP
Other
DCM/ACM
Other
Attachments
ORDINANCES NO. 6549-00,
6550-00 & 6551-00
~bmitted by: Qt, .Y'-&.-~ t-~~ Irs;........
City Manager l1 ~ l/
Printed on recycled paper
o None
Rev. 2/98
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ORDINANCE NO. 6549-00
{\iO R\\-\
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
ANNEXING CERTAIN REAL PROPERTY LOCATED ON THE
EAST SIDE OF COACHMAN PLAZA DRIVE, APPROXIMATELY
400 FEET 80lffttOF STATE ROAD 590, CONSISTING OF M&8
33/052 IN SECTION 5, TOWNSHIP 29 SOUTH, RANGE 16 EAST,
WHOSE POST OFFICE ADDRESS IS 1721 COACHMAN PLAZA
DRIVE (PROPOSED), INTO THE CORPORATE LIMITS OF THE
CITY, AND REDEFINING THE BOUNDARY LINES OF THE CITY
TO INCLUDE SAID ADDITION; PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the 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 COMMISSION OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. The following-described property is hereby annexed into the City of Clearwater
and the boundary lines of the City are redefined accordingly:
See Exhibit "B" attached hereto
(ANX 00-03-07)
Section 2. The provisions of this ordinance are found and determined to be consistent
with the City of Clearwater Comprehensive Plan. The City Commission 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 and Development Services Administrator 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
Brian J. Aungst
Mayor-Commissioner
Approved as to form:
Attest
Cynthia E. Goudeau
City Clerk
Leslie K. Dougall-Side
Assistant City Attorney
Ordinance No. 6549-00
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PAGE::6":'':'.
COMMU:NITY n:EVE LOP~!ENT BOA RD: "1']/ ';!. 2'~GO
CITY COMMlSSION:!;n'~ 1, :r;c:)
E:.::hibit ",-\"
Ordinance ~o. 6549-00
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EXHIBIT "B"
That part of the Southwest 1/4 of the Southwest 1/4 of Section 5, Township 29 South, Range 16
East, Pinellas County, Florida, being further described as follows: From the Southwest corner of
the Southwest 1/4 of the Southwest 1/2 of said Section 5, run thence S 89040'09" East, along the
Section Line, 387.51 feet; thence North 1008'45" East, 430.0 feet; thence North 9019'55" West,
150.24 feet; thence North 0058'45" East, 118.80 feet for the Point of Beginning; thence continue
North 0058'45" East 165.55 feet; thence South 88051'15" East, 172.46 feet to the Westerly line of
Pinellas Terrace First Addition, as recorded in Plat Book 54, Page 70, Public Records of Pinellas
County, Florida; thence 80056'07" West, along said Westerly line, 165.55 feet; thence North
88051'15" West 172.59 feet to the Point of Beginning.
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Ordinance No. 6549-00
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ORDINANCE NO. 6550-00
fJ\)R\H-
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
AMENDING THE FUTURE LAND USE PLAN ELEMENT OF THE
COMPREHENSIVE PLAN OF THE CITY, TO DESIGNATE THE
LAND USE FOR CERTAIN REAL PROPERTY LOCATED ON THE
EAST SIDE OF COACHMAN PLAZA DRIVE, APPROXIMATELY
400 FEET -S6UTI t OF STATE ROAD 590, CONSISTING OF M&B
33/052 IN SECTION 5, TOWNSHIP 29 SOUTH, RANGE 16 EAST,
WHOSE POST OFFICE ADDRESS IS 1721 COACHMAN PLAZA
DRIVE (PROPOSED). UPON ANNEXATION INTO THE CITY OF
CLEARWATER, AS RESIDENTIAUOFFICE/RETAIL; 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 COMMISSION OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. The future land use plan element of the com prehensive 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 Exhibit "A" attached hereto.
(ANX 00-03-07)
Land Use Cateqorv
Residential/Office/Retail
Section 2. The City Commission 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. 6549-00, and 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 9 163.3189, Florida Statutes.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Brian J Aungst
Mayor-Commissioner
Attest:
Leslie K. Dougall-Si e
Assistant City Attorney
Cynthia E. Goudeau
City Clerk
Ordinance No. 6550-00
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EXHIBIT "A"
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That part of the Southwest 1/4 of the Southwest 1/4 of Section 5,
Township 29 South, Range 16 East, Pinellas County, Florida, being
further described as follows: From the Southwest corner of the
Southwest 1/4 of the Southwest 1/2 of said Section 5, run thence S
89040'09" East, along the Section Line, 387.51 feet; thence North
1008'45" East, 430.0 feet; thence North 9019'55" West, 150.24 feet;
. thence North 0058'45" East, 118.80 feet for the Point of Beginning;
thence continue North 0058'45" East, 165.55 feet; thence South
88051 '15" East, 172.46 feet to the Westerly line of Pinellas Terrace
First Addition, as recorded in Plat Book 54, Page 70, Public
Records of Pinellas County, Florida; thence 50056'07" West, along
said Westerly line, 165.55 feet; thence North 88051'15" West,
172.59 feet to t,he Point of Beginning. .
" .
\
Ordinance No. 6550-00
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"
ORDINANCE NO. 6551-00
NOR\H
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
AMENDING THE ZONING ATLAS OF THE CITY BY ZONING
CERTAIN REAL PROPERTY LOCATED ON THE EAST SIDE OF
COACHMAN PLAZA DRIVE, APPROXIMATELY 400 FEET
SOUTH OF STATE ROAD 590, CONSISTING OF M&8 33/052 IN
SECTION 5, TOWNSHIP 29 SOUTH, RANGE 16 EAST, WHOSE
POST OFFICE ADDRESS IS 1721 COACHMAN PLAZA DRIVE
(PROPOSED), UPON ANNEXATION INTO THE CITY OF
CLEARWATER, AS COMMERCIAL (C); 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 COMMISSION OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. The following described property located in Pine lias 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
Zonina District
See Exhibit "A" attached hereto
(ANX 00-03-07)
Commercial (C)
Section 2. The Planning and Development Services Administrator 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. 6549-00.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Brian J. Aungst. _
Mayor-Commissioner
Approved as to form:
Attest:
Cynthia E. Goudeau
City Clerk
Ordinance No. 6551-00
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EXHIBIT "A"
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That part of the Southwest 1/4 of the Southwest 1/4 of Section 5, Township 29 South, Range 16
East, Pinellas County, Florida, being further described as follows: From the Southwest corner of
the Southwest 1/4 of the Southwest 1/2 of said Section 5, run thence S 89040'09" East, along the
Section Line, 387.51 feet; thence North 1008'45" East, 430.0 feet; thence North 9019'55" West,
150.24 feet; thence North 0058'45" East, 118.80 feet for the Point of Beginning; thence continue
North 0058'45" East, 165.55 feet; thence South 88051'15" East, 172.46 feet to the Westerly line of
Pinellas Terrace First Addition, as recorded in Plat Book 54, Page 70, Public Records of Pinellas
County, Florida; thence S0056'07" West, along said Westerly line, 165.55 feet; thence North
88051'15" West, 172.59 feet to the Point of Beginning.
Ordinance No. 6551-00
(I)
Clearwater City Commission
f L b l Agenda Cover Memorandum
W orksession I tern #
Final Agenda Item #
q
Meeting Date
June 1. 2000
SUBJECTIRECOMMENDA TION:
Amendments to the Community Development Code as a result of the six month update.
MOTION: APPROVE comprehensive text amendments to the Community Development Code and PASS
Ordinance No. 6526-00 on first reading.
o ahd that the appropriate officials be authorized to execute same.
SUMMARY: Attached please find the following documents relating to the proposed amendments to the Community
Development Code:
. Ordinance No. 6526-00.
· The staff repOIt which details the most noteworthy proposed amendments, and the review criteria required for text
amendments.
· A comprehensive listing of all proposed amendments.
o Correspondence from the Pinellas Planning Council regarding the treatment of temporary lodging in residential land
use categories.
.. Correspondence from the Clearwater Regional Chamber of Commerce regarding its position on various proposed
code amendments.
The Community Development Board reviewed the proposed amendments at its March 21, 2000 meeting and made a
recommendation to approve the ordinance with the following two changes.
. Permit portable storage units (PODS) on any property for a period of no more than forty-eight (48) hours.
e Prohibit signage for accessory restaurants and accessory retail sales in the Office District.
At the May 2, 2000 City Commission Workshop, the following changes were made to the ordinance:
. Deleted provision requiring a permit to paint commercial structures (Section 3-910, p. 3-47)~ and
. Revised the portable storage unit provision by permitting such units for 96 hours unless associated with permitted
construction. If associated with a permit, the unit may stay on site for the length of the permit. Locational
requirements were added, as well as a requirement for a sticker indicating the date on which the portable storage
unit is delivered to a property (Sections 3-2101(A)(6), (B)(3), and (C)(2), pp. 3-123 - 3-125).
Reviewed by:
Legal X<J~
Budget N/A
Purchasing N/A
--
Risk Mgmt N/A
Info Svc
Public Works N/A
DCM/ACM N/A
Other N/A
Originating Dept.:
Planning & Develop.
UmrDept.: /,1Ail ~
Planning {){JfI-
Attachments
~aff Report
Ord. No. 6526-00
Costs
Total N/A
Funding Source:
Current FY CI
OP
Othe
r
SJbmitted by:
City Manager
(\"-&:...- ~,Q",,- (r
~ fVt :rR- 0 None
Print"" nn raM"'''''' ru......
COB Meeting Date: March 21, 2000
Case: T AOO-03-02
Agenda Item: Director's Item
CITY OF CLEARWATER
PLANNING AND DEVELOPMENT SERVICES ADMINISTRATION
STAFF REPORT
TEXT AMENDMENT
REQUEST:
Amendments to the Community Development Code as a Result
of tile Required Update - Ordinance No. 6526-00.
INITIATED BY:
City of Clearwater Planning Department
BACKG.R01JND INFORl\'1A TION:
The foundation of the One City. One Future redevelopment initiative was the creation of
the new Community Development Code, which became effective on March 8, 1999. In
order to provide a new framework for development and redevelopment in the City of
Clearwater, the Code was structured to encourage desired development and
redevelopment and provide property owners with measured flexibility with regard to use
and intensity of use and bulk standards.
After the Code went into effect, the Planning Department staff was charged with
evaluating the Code to determine if it was achieving its goals. Since March 1999, staff
has had ample opportunity for using the Code and evaluating its effectiveness. Staff has
approved approximately 1,300 applications requiring minimum zoning approval. The
Development Review Committee (DRC) has reviewed over 83 flexible standard
development cases. The DRC and the Community Development Board (COB) have
reviewed approximately 35 flexible development cases. Staff has also reviewed
approximately thirty comprehensive sign program applications. During the past year,
only one appeal was filed and that was resolved in a mutually beneficial manner.
After the Code went into effect, staff began to record any inconsistencies, deficiencies, or
problems found in the Code. Comments were collected from Planning and Development
Services staff, Community Response Team members, Parks and Recreation staff , the
Harbormaster and Public Works staff. Additionally, comments and suggestions have
been obtained from design and development professionals, contractors and residents.
During the Code update process, which began in September 1999, staff has met with
numerous groups and individuals to solicit input on the update including the Island
Estates Homeowners Association, Sand Key Civic Association, the Clearwater Coalition
of Homeowners Association, the Government Affairs Committee of the Chamber of
Page 1
Revised 5-04-00
. , "..
Commerce, the Clearwater Beach Chamber of Commerce, the Clearwater Board of
Realtors, the Clearwater Environmental Advisory Board, and the Downtown
Development Board.
Through working with the Code on a daily basis and with community stakeholders has
staff been able to compile a comprehensive list of amendments to recommend to the
Community Development Board.
ANALYSIS:
Staff is recommending a number of amendments to the Community Development Code,
some of which are considered significant policy issues. The remainder are editorial in
nature, provide additional tlexibil ity criteria, or are refinements to existing provisions.
Below please find a summary of the most noteworthy proposed amendments organized
by Article. Attached please find a comprehensive listing of all proposed amendments.
Amendments are organized by Section and page number. Also attached is Ordinance No.
6526-00 which includes the ordinance title and the Community Development Code with
all specific amendments noted. Text that is underlined indicates proposed language and
text containing strikethroughs indicate deletions.
Article 1 - General Provisions.
] . Adding language to the purpose section of the Code to enhance the quality of life of
all residents and property owners of the city.
Article 2 - ZOlline Districts.
5. Adding standards to be consistent with the Countywide Rules.
2. Permitting parks and recreation facilities as flexible development uses in the
residential zoning districts and minimum or flexible standard uses in the commercial
zoning districts.
3. Creating more tlexibility in setbacks for particular uses primarily in the nonresidential
districts and establishing criteria for the additional flexibility.
4. Restricting the height of residential infill projects in the High Density Residential
District to eighty (80) feet unless located on Clearwater Bay.
6. Permitting new uses such as limited vehicle seIVice, light assembly, limited vehicle
sales and display, and mixed use.
7. Eliminating the Mixed Use District in its entirety.
Page 2
Revised 5-04-00
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Article 3 - Development Standards.
8. Increasing the amount (percentage of gross floor area) allowed for accessory uses.
9. Revising the dock provisions to be more consistent with the Pinellas County Water
and Navigation Control Authority.
10. Fences: reorganizing the entire fence section; providing guidance for the location of
fences on comer lots and double frontage lots; revising landscaping requirements for
chainlink fences~ permitting fences within the setback on all waterfront lots whereas
the fences were only permitted on residential property; permitting deviations from the
fence requirements for public projects pursuant to a Level One (flexible standard)
approval; and requiring a four feet high fence enclosing swimming pools.
11. Providing for density and intensity averaging on any unified site with different land
use categories.
12. (Deleted provision requiring a permit to paint commercial structure per the May 2,
2000 City Commission Workshop.)
13. Prohibiting the rental of residentially zoned dwellings for less than 31 days to be
consistent with the Countywide Rules.
14. Permitting multi-stand newsracks to be located side by side for a distance of six feet
provided separation requirement of 300 feet is maintained between multi-stand
newsracks.
15. Prohibiting the parking of semi-trailer trucks and cabs on residentially zoned
property~ prohibiting the parking of commercial vehicles on commercial property
unless they are affiliated with the property on which they are parked; and
prohibiting parking on the grass in the front setback of residentially zoned properties
if other alternative paved areas exist.
16. Eliminating cap on maximum amount ofparlcing that can be provided on a site.
17. Clarifying triggers for compliance with landscaping and parking requirements.
18. Landscaping: allowing a 25% tree replacement credit for undeveloped multi-family
and commercial properties; requiring a tree removal permit for palms with a 10 feet
clear and straight trunk; establishing a minimum number of trees required on single-
family and two-family properties instead of requiring tree replacement on an inch per
inch basis; increasing the tree replacement costs from $42.00 to $48.00 per inch of
DBH~ and incorporating additional tree protection measures into the Community
Development Code.
Page 3
Revised 5-04-00
19. Allowing 25% more signage on nonresidential sites if a monument sign is erected
instead of a freestanding pole sign.
20. Permitting monument signs, in addition to attached sIgns, in the Tourist and
Downtown Districts.
21. Permitting changeable messages on signs to be changed once every six hours.
22. Prohibiting temporary uses which are independent of the principal use on the site.
23. Permitting portable storage units on any property for ninety-six (96) hours unless
associated with a construction permit. Restricting sign age on such units to one sign
face not exceeding twelve square feet in area and requiring a sticker on the unit
indicating the date on which the unit was located on a property. (Revised per the May
2~ 2000 City Commission Workshop.)
Article 4 - Development Review Procedures.
24. Increasing the notice requirement for flexible standard cases from abutting properties
t6 those within 200 feet and registered neighborhood associations.
25. Requiring land use and rezoning cases to be heard by the City Commission within six
months of the CDB meeting or the case will be deemed withdrawn.
26. Permitting cases to be amended during the approval process provided the
amendments are less intensive than the original application. If a case is amended to
be more intensive, the case will be required to be re-advertised and start the process
from the beginning.
27. Deleting the requirement that an applicant submit a summary of evidence, list of
witnesses, and disclose all related reports ten (10) days before the public hearing.
28. Increasing the required percentage of homeowner signatures from 500/0 to 60% in
order to initiate neighborhood conservation overlay designation. Requiring the
neighborhood to educate its property owners and residents of overlay regulations and
requiring neighborhood participation in enforcement.
29. Restricting the amount of development rights that can be transferred from and to any
site. Prohibiting the transfer of development rights to any property zoned LOR or
LMDR and revising the transfer distance limitation from a I-mile radius to allowing
transfers from the barrier islands to properties only located on the barrier islands and
allowing transfers from property on the mainland to any other property on the
mainland.
Page 4
Revised 5-04-00
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Article 6 - Nonconformitv Provisions.
30. Permitting properties with nonconforming density to be reconstructed with the same
density provided all other code requirements are met.
Article 8 - Definitions and Rules of Construction.
3 I. Adding definitions of uses listed as permitted, deleting definitions for terms that are
not found in the Code, and revising definitions to be more concise.
CRITERIA FOR TEXT AMENDMENTS:
Code Section 4-60 I specifies the procedures and criteria for reviewing text amendments.
Any code amendment must comply with the following.
1. The proposed amendment is consistent with and furthers the goals,
policies, objectives of the Comprehensive Plan.
Below please find a selected list of goals, policies, objectives from the Clearwater
Comprehensive Plan that are furthered by the proposed amendments to the Community
Development Code:
. Goal 2 - "Clearwater shall focus on the renewal of declining areas, stabilization of
built-up neighborhoods, and infill development to encourage economic vitality and
counteract the scarcity of vacant land."
. Policy 2.1.1 - "Renewal of the beach tourist district shall be encouraged by
consideration of maintenance of existing densities, selection of a design theme,
innovative shared parking solutions, establishment of mainland employee park and
ride lots, possible land acquisition, transportation improvements, and establishment of
a community redevelopment area or areas."
. Policy 2.4.2 - "Neighborhood preservation and infill development shall be
encouraged by maintenance and upgrading of public and private property."
. Objective 2.5 - "Compact urban development within the urban service area shall be
promoted through application of the Clearwater Land Development Code."
. Policy 2.5.1- "The development and redevelopment of small parcels [less than 1 acre]
which are currently receiving an adequate Level of Service shall be specifically
encourage by administration of land development and concurrency management
regulatory systems as a method of promoting urban infill."
Page 5
Revised 5-04-00
. Goal 3 - "The character of Clearwater as a high quality, attractive environment for
resort, residential, and business activities shall be enhanced and encouraged through
implementation of Clearwater's Comprehensive plan."
. Policy 3.5.1 - "Tree protection and replanting requirements should address both
quantity and quality of post-development landscape."
. Policy 3.7.3 - "Sign identification of City parks and buildings shall be used as a
positive example of aesthetic and legible site information."
In addition to furthering the goals of the comprehensive plan, the proposed amendments
more fully implement the One City. One Future redevelopment initiative. Examples of
relevant amendments are as follows: additional flexibility in bulk regulations; shared
parking options in the D and T Districts; streamlining the review process of minor lot
adjustments and residential lots of record; permitting the redevelopment of properties
with nonconforming density provided all code requirements are met; and establishing
time, place and manner regulations for newsracks.
2. The proposed amendments furtber the purposes of the Community
Development Code and other City ordinances and actions designed to
implement tile Plan.
The proposed text amendments include a broad range of regulations ranging from
permitted uses, numerical standards, flexibility criteria, procedures, enforcement and
definitions. The proposed amendments are consistent with the provisions of Section I-
103 which lists the purposes of the Code.
SUI\fMARY AND RECOMMENDATION:
The Planning Department Staff recommends APPROVAL of Ordinance No. 6526-00
which makes revisions to the Community Development Code.
The proposed amendments to the Community Development Code are consistent with the
Clearwater Comprehensive Plan and the purposes of the Community Development Code.
They also further the original goals that established the Code. The amendments
encourage new uses to assist in stimulating development and redevelopment; provide for
improved site design by requiring a high standard of site planing, significant landscaping
and limited signage; and maintain flexibility in setbacks while ensuring neighborhood
compatibility. The proposed amendments promote more site specific solutions and
promote economic development while maintaining high standards for development which
are essential in a community undergoing redevelopment.
Prepared by: Gina L. Clayton
Page 6
Revised 5-04-00
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ATTACHMENT:
Proposed Ordinance No. 6526-00.
Summary of Proposed Community Development Code Amendments
Page 7
Revised 5-04-00
.
"
SUMMARY OF PROPOSED AMENDMENTS TO
THE COMMUNITY DEVELOPMENT CODE
City Commission Meeting - May 18, 2000
ARTICLE 1 - GENERAL PROVISIONS
1.
Section 1-103
(p. 1-1)
Added another statement to the purpose section - "to enhance the
quality of life of all residents and property owners." This is a
provision from the old code and was a citizen generated
amendment.
2.
Section 1-106
(p. 1-5)
Corrected a typographical error in the table relating to the
acronyms of the mobile home districts.
3.
Section 1-106
(p. 1-5)
Deleted Mixed Use from the "New District" column of the prior
zoning districts table.
ARTICLE 2 - ZONING DISTRICTS
A. Use Categories Table
1.
Contents on pp.2-2 -2-3-
Deleted MU District in its entirety. Added Flexible development
to the Open SpacelRecreation District.
2.
Table on pp. 2-3 - 2-5-
The following uses were added to the table: parks and recreation
facilities in all zoning district, except the MHP and P districts;
comprehensive infill in the OSR district; light assembly and
limited vehicle service as a new use in the C district; limited
vehicle sales/display as a new use in the T and D districts;
marinas to the P district; educational facilities in the 0 district;
indoor recreation in the D district; public facilities in the I
district; mixed use in the C and 0 districts; off-street parking in
the C and 0 districts; parking garages and lots in the IR T district;
cemeteries in the I district; and salvage yards in the IRT district.
The following uses were deleted from the table: the entire MU
district; residential shelters in the HDR district; alcoholic
beverage sales in the I district, and marina facilities in the P
district.
B. Division 1 - Low Density Residential District (LDR)
1.
Table 2-102
(p. 2-6)
Added community residential homes as a minimum standard use
pursuant to Florida Statutes.
Page 1 of 45
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2. Table 2-103 Deleted community residential homes per Florida Statutes.
(pp. 2-6 - 2-7) Added reference that the Building Code may require rear
setbacks on waterfront lots to be a minimum of 18' from seawalIs
and that utility infrastructure uses shall not exceed 3 acres.
3. Section 2-1 03 (A) - (C)- Deleted community residential homes standards and re-Iettered
(p. 2-7) remaining sections.
4. Table 2-104 Added attached dwellings and parks and recreation facilities as
(p. 2-8) flexible standard uses. Increased height of residential infill
projects from 15' to 30' and reduced front setbacks from 25' to a
range of 10' - 25'. Added reference to table that the building code
may require rear setbacks on waterfront lots to be a minimum of
18' from seawalls.
5. Section 2-104(A) Added flexibility criteria for attached dwellings.
(pp. 2-8 - 2-9)
6. Section 2-1 04(B) Re-lettered overnight accommodations from (A) to (B) and
(p. 2-9) reduced the number of units from six to four.
7. Section 2-1 04(C) Added flexibility criteria for parks and recreation facilities.
(p.2-10)
8. Section 2-1 04(D) Re-Iettered residential infill from (B) to (D) and deleted
(p.2-10) "economically" impractical from the infill flexibility criteria.
9. Section 2-1 04(E) Re-lettered schools from (C) to (E).
(p. 2-10)
c. Division 2 - Low Medium Density Residential Distr'ict (LMDR)
1.
Section 201.1
(p. 2-11)
Added the residential low land use category as a potential
category in the LMDR District.
?
-.
Table 2-202
(p. 2-12)
Deleted staff parking requirement for community residential
homes pursuant to Florida Statutes. Added reference to table that
the building code may require rear setbacks on waterfront lots to
be a minimum of 18' from seawalls.
3.
Illustration for
Section 2-202
(illustration not shown)
Revised illustration to indicate permitted swimming pool setback
of 10' instead of 15'.
Page 2 of 45
"
~
4. Table 2-203 Added reference to table that building code may require rear
(p.2-13) setbacks on waterfront lots to be a minimum of 18' from
seawalls. Also added provision restricting utility/infrastructure
uses to a maximum of3 acres to be consistent with the County-
wide Plan Rules.
5. Section 2-203(B) Added flexibility criteria for front and rear setback reductions.
(p.2-14) Deleted flexibility requirement restricting rear setback reductions
to accessory structures. Changed buffer requirement to be of a
landscape material "or" a fence. Deleted "economically" feasible
from this criteria.
6. Table 2-204 Increased height for residential infHI projects from 15' to
(p.2-15) 30'. Added parks and recreational facilities as a permitted
flexible development use. Added reference that the building code
may require rear setbacks on waterfront lots to be 18' from
seawalls.
7. Section 2-204(B) Clarified that the rear setback criteria for detached dwell ings
(p.2-17) are not all inclusive by adding "or" at end of sentences.
Deleted "economically" feasible from rear setback criteria and
added new criteria permitting reductions if it results in an
efficient house layout.
8. Section 2-204(0) Added flexibility criteria for parks and recreation facilities.
(pp. 2-17 -2-18)
9. Section 2-204(E) Re-Iettered residential infill from (D) to (E) and deleted
(p.2-18) "economically" impractical from flexibility criteria.
10. Section 2-204(F) Re-Iettered schools from (E) to (F).
(p.2-18)
D. Division 3 - Medium Density Residential District (MDR)
1.
Table 2-302
(p. 2-20)
Added reference that building code may require setback on
waterfront lots to be 18' from seawalls. Eliminated statT parking
requirement for community residential homes pursuant to Florida
Statutes.
2.
Table 2-303
(p. 2-20)
Added reference that building code may restrict setbacks on
waterfront lots to be 18' from seawalls.
3.
Section 2-303(B)
(p.2-21)
Added flexibility criteria for increasing height for community
residential homes.
Page 3 of 45
..
\-
4. Section 2-303(C) Added flexibility criteria for reducing lot width and increasing
(p. 2-22) height for detached dwellings. Renumbered criteria.
5. Sections 2-303(0) Developed flexibility criteria for increasing height for schools.
(p. 2-23)
6. Table 2.;.304 Added reference that building code may require rear setback to
(pp. 2-23 - 2-24) be 18' from seawalls. Added parks and recreational facilities as a
permitted flexible development use. Increased parking
requirement for attached dwellings from 1 space per unit to 1.5
spaces.
7. Section 2-304(A) Deleted criteria requiring assisted living facilities to be located on
(pp. 2-24 - 2-25) major arterials or comer lots. Added criteria for increasing
height and renumbered remaining criteria.
8. Section 2-304(C) Deleted criteria requiring congregate care facilities to be located
(pp. 2-25 - 2-26) on major arterials or comer lots. Added criteria for increasing
height and renumbered remaining provisions.
9. Section 2-304(0) Increased fence height for screening non-residential off-
(p. 2-26) street parking areas from 3' to 4' .
10. Section 2-304(E) Added flexibility criteria that an overnight accommodation is
(p. 2-27) is accessory to the principal private residence and reduced the
number of permitted units from 12 to 6. Added flexibility
criteria for increasing height and renumbered remaining criteria.
II. Section 2-304(F) Added parks and recreation facilities flexibility criteria.
(p. 2-27)
12. Section 2-304(G) Deleted "economically" impractical from residential infill
(p. 2-28) flexibility criteria and re-Iettered from (F) to (G).
E. Division 4 - Medium High Density Residential District (MHDR)
1.
Section 2-401. 1
(p. 2-29)
Added the residential medium land use category as a potential
category in the MHDR District.
2.
Table 2-402
(p. 2-29)
Added reference that building code may require rear setbacks
to be 18' from seawalls. Increased parking requirements for
attached dwellings from 1.25 spaces per unit to 1.5 spaces.
Page 4 of 45
~
3. Table 2-403
(p. 2-30)
Increased parking requirements for attached and detached
dwellings from 1 space per unit to 1.5 spaces. Added references
that building code may require rear setbacks to be 18' from
seawalls and that utility/infrastructure uses shall not exceed 3
acres in area to be consistent with the Countywide Plan Rules.
4. Section 2-403(A)
(p. 2-31)
Deleted flexibility criteria requiring assisted living to be located
on a major arterial or COIner lot. Added height flexibility criteria
and renumbered remaining provisions.
5. Section 2-403(B)
(p. 2-31)
Deleted side setback flexibility criteria because side setback is
not permitted to be decreased.
6. Section 2-403(C)
(pp. 2-32 - 2-33)
Added flexibility criteria for increasing height and reducing front,
side and rear setbacks for community residential homes.
7. Section 2-403(0)
(p. 2-33)
Added flexibility criteria for increasing height for detached
dwellings. Deleted "economically" feasible from lot size criteria.
8. Section 2-403(E)
(pp. 2-33 - 2-34)
Deleted flexibility criteria requiring nursing homes to have
frontage on major arterial streets. Added design and height
flexibility criteria and renumbered provisions.
9. Section 2-403(F)
(p. 2-34)
Added flexibility criteria that an overnight accommodation is
is accessory to the principal private residence. Added flexibility
criteria for increasing height; reduced the number of permitted
units from 12 to 10 and renumbered remaining provisions.
10. Section 2-403(G)
(p. 2-35)
Added flexibility criteria for increasing height for schools.
11. Table 2-404
(pp. 2-35 - 2-36)
Added parks and recreation facilities as a permitted flexible
development use. Increased parking requirement for attached
dwellings from 1 parking space per unit to 1.5 spaces. Increased
height of residential infill from 30' to a range of30' - 50'.
Added reference that building code may require rear setbacks to
be 18' from seawalls and that utility/infrastructure uses shall not
exceed 3 acres in area to be consistent with the Countywide Plan
Rules.
12. Section 2-404(A)
(p. 2-37)
Added flexibility criteria for reducing front setbacks for
for attached dwellings.
13. Section 2-404(B)
(p. 2-37)
Deleted flexibility criteria requiring congregate care facilities to
be located on a major arterial or corner lot and renumbered
remaining sections.
Page 5 of 45
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14. Section 2-404(C)
(p. 2-38)
Increased fence height from 3' to 4' for screening non-residential
off-street parking areas.
15. Section 2-404(D)
(pp. 2-38 - 2-39)
Added provision requiring overnight accommodations to be
accessory to the private residence and reduced the number of
permitted units from 24 to 10. Added criteria for reducing front,
side and rear setbacks and increasing height.
16. Section 2-404(E)
(p. 2-39)
Added flexibility criteria for parks and recreation facilities.
17. Section 2-404(F)
(p. 2-40)
Deleted "economically" impractical from residential infill
criteria. Re-Iettered from (E) to (F).
18. Section 2-404(G)
(p. 2-40)
Re-Iettered residential shelters from (F) to (G).
F. Division 5 - High Density Residential District (BDR)
1.
Table 2-502
(p.2-41)
Added reference that building code may require rear setbacks
to be 18' from seawalls. Increased parking requirement for
attached dwellings from 1.25 spaces per unit to 1.5 spaces.
2.
Table 2-503
(p. 2-42)
Increased parking requirement for attached dwellings from 1.25
spaces per unit to 1.5 spaces. Added reference that building code
may require rear setbacks to be 18' from seawalls and that
utility/infrastructure uses shall not exceed 3 acres to be consistent
with the Countywide Plan Rules.
3.
Section 2-503(A)
(pp. 2-42 - 2-43)
Deleted flexibility criteria requiring assisted living facilities to be
located on major arterials or comer lots and renumbered
. . . .
remammg prOVISIons.
4.
Section 2-503(B)
(p. 2-43)
Deleted flexibility criteria for reducing side setbacks because
such reductions are not permitted.
5.
Section 2-503(C)
(p. 2-44)
Added flexibility criteria for reducing front, side and rear
setbacks for community residential homes.
6.
Section 2-503(E)
(p. 2-45)
Deleted flexibility criteria requiring nursing homes to be located
on major arterial streets and renumbered remaining provisions.
7.
Section 2-503(F)
(p. 2-45)
Added provision requiring overnight accommodations to be
accessory to the private residence; reduced the number of
Page 6 of 45
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permitted units from 12 to 10 and renumbered remaining
. .
prOVISions.
8. Table 2-504
(pp. 2-46 -2-47)
Increased parking requirement for attached dwellings from 1.25
spaces per unit to 1.5 spaces. Added parks and recreation
facilities as a permitted flexible development use. Increased
height for residential infill from 30' to a range of30' - 130'.
Added reference that building code may require rear setbacks
to be 18' from seawalls and that parking garages can not exceed
3 acres to be consistent with the Countywide Plan Rules.
9. Section 2-504(A)
(pp. 2-47 - 2-48)
Added flexibility criteria for reducing front setbacks for
attached dwellings..
10. Section 2-504(B)
(p.2-48)
Deleted flexibility criteria requiring congregate care facilities to
be located on major arterials and renumbered remaining
prOVISIOns.
11. Section 2-504(C)
(pp. 2-48- 2-49)
Added provision requiring overnight accommodations to be
accessory to the private residence and reduced the number of
permitted units from 28 to 10. Added flexibility criteria for
reducing front, side and rear setbacks and renumbered remaining
provISions.
12. Section 2-504(D)
(pp. 2-49 - 2-50)
Deleted the flexibility criteria requiring parking garages and lots
to be accessed by way of a side street. Revised flexibility criteria
so that stacking spaces are based on garage size and design
instead of requiring a specific number of spaces. Added
flexibility criteria for reducing side setbacks and increasing
height.
13. Section 2-504(E)
(p. 2-50)
Added flexibility criteria for parks and recreation facilities.
14. Section 2-504(F)
(pp. 2-50 - 2-51)
Deleted "economically" impractical from residential infill
criteria. Re-Iettered section from (E) to (F). Added criteria
restricting building height to 80' unless located on Clearwater
Bay.
G. Division 6 - Mobile Home Park District (MHP)
1.
Table 2-602
(p. 2-52)
Added reference that any mobile home replacement shall
maintain a 10' separation between mobile homes or provide a 6'
setback, whichever is less.
Page 7 of 45
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H. Division 7 - Commercial District (C)
1. Table 2-702
(pp. 2-55 - 2-56)
Added parks and recreation facilities as a minimum standard use.
Added reference that governmental uses shall not exceed 5 acres
to be consistent with the Countywide Rules.
2. Table 2-703
(pp. 2-56- 2-57)
Deleted accessory dwell ing development standards except for
required parking. Added medical clinics and off-street parking as
permitted flexible standard uses. Increased minimum lot size
from 3,500 to 5,000 square feet and increased lot width from 35'
to 50' for restaurants. Deleted offices grouped with retail sales
and services and changed veterinary office and animal grooming
and boarding to veterinary office "or" animal grooming. Added
references that governmental uses and places of worship can not
exceed 5 acres and that public transportation and utility/
infrastructure uses shall not exceed 3 acres to be consistent with
the Countywide Plan Rules.
3. Section 2- 703(H)
(p. 2-60)
Added flexibility criteria for reducing lot area for marina
facilities.
4. Section 2-703(1)
(p. 2-60)
Added flexibility criteria for medical clinics.
5. Section 2-703(1)
(p. 2-60)
Re-Iettered offices from (I) to (1).
6. Section 2-703(K)
(p. 2-61)
Re-Iettered nightclubs from (J) to (K).
7. Section 2-703(L)
(p.2-61)
Added flexibility criteria for off-street parking.
8. Section 2-703(M)
(p. 2-61)
Re-lettered outdoor retail sales, display and/or storage from (K)
to (M).
9. Section 2-703(N)
(p. 2-62)
Re-Iettered overnight accommodations from (L) to (N). Revised
lot size flexibility criteria to include lot area and lot width.
10. Section 2-703(0)
(p. 2-63)
Re-lettered places of worship from (M) to (0) and added
flexibility criteria for reducing lot width.
11. Section 2-703 (P)
(p. 2-63)
Re-Iettered public transportation facilities from (N) to (P).
Page 8 of 45
"
'"
12. Section 2~ 703(Q) Re-Iettered restaurants from (0) to (Q).
(p. 2-64)
13. Section 2-703(R) Re-lettered retail sales and services from (P) to (R). Deleted "and
(p. 2-65) offices" from subsection title.
14. Section 2-703 (S) Re-Iettered utility/infrastructure facilities from (Q) to (S).
(p. 2-65)
15. Section 2-703(T) Re-lettered vehicle sales/displays from (R) to (T).
(p. 2-65)
16. Section 2-703(U) Re-Iettered veterinary office or animal grooming/boarding from
(p. 2-65) (S) to (U). Deleted "and" between the two uses and added "or".
17. Table 2-704 Deleted development standards for comprehensive
(pp. 2-66 - 2-68) infill redevelopment projects and changed parking requirements
to be determined by the Community Development Coordinator
based on the specific use and/or lTE Manual standards.
Permitted decrease in front setback requirements from 25' to a
range of 15' - 25' for all uses except telecommunication towers.
Decreased rear setback requirements from 20' to a range of 10' -
20' for all uses except offices, overnight accommodations,
restaurants and retail sales because they were already permitted at
that range. Decreased lot width and lot area requirements for
restaurants. Added light assembly, limited vehicle service, mixed
use and off-street parking as permitted flexible development uses.
Added development standards for telecommunication towers and
added reference to Section 3-2001 for height requirements.
Changed "and/or" to "or'~ for veterinary office and grooming!
boarding. Added alternative parking standard for outdoor
recreation! entertainment to be based on ITE Manual standards.
Added reference that any use approved for a comprehensive infill
project must be pennitted by the underlying Future Land Use
Plan Map designation.
18. Section 2-704(A) Revised lot size flexibility criteria for alcoholic beverage sales to
(p. 2-68) apply to lot area and width. Added flexibility criteria for front,
side and rear setbacks .
19. Section 2-704(B) Deleted "economically" impractical from comprehensive
(p. 2-69) infilI redevelopment flexibility criteria.
20. Section 2- 704(C) Added light assembly flexibility criteria.
(p. 2-70)
Page 9 of 45
21. Section 2-704(0) Added limited vehicle service flexibility criteria.
(pp. 2-70 - 71)
22. Section 2- 704(E) Added mixed use flexibility criteria.
(p.2-71)
23. Section 2- 704(F) Re-lettered nightclubs from (C) to (F). Added lot width and
(p.2-72) front, side and rear setback flexibility criteria.
24. Section 2-704(G) Re-lettered offices from (D) to (G) and added flexibility criteria
(pp. 2-72 - 2-73) for reducing lot area, width and front setbacks.
25. Section 2-704(H) Added off-street parking flexibility criteria.
(p.2-73)
26. Section 2-704(1) Re-lettered outdoor recreation/entertainment from (E) to (1)
(pp. 2-73 - 2-74) and added flexibility criteria for reducing front and rear setbacks.
27. Section 2-704(1) Re-Iettered ovenlight accommodations from (F) to (1) and added
(pp. 2-74 - 2-75) flexibility criteria for reducing lot width and front setbacks.
28. Section 2-704(K) Re-Iettered problematic use from (G) to (K) and added flexibility
(pp. 2-75 - 2-76) criteria for reducing front and rear setbacks.
29. Section 2-704(L) Re-Iettered restaurants from (H) to (L) and revised side and rear
(p. 2-76) setback flexibility criteria and added flexibility criteria for
reducing front setbacks.
30. Section 2-704(M) Re-Iettered retail sales and service from (I) to (M). Revised
(p. 2-77) side and rear flexibility criteria and added criteria for reducing
front setbacks.
31. Section 2-704(N) Re-lettered R V Parks from (1) to (N) and added flexibility criteria
(pp. 2-78 - 2-79) for reducing front and rear setbacks.
32. Section 2-704(0) Re-Iettered self storage from (K) to (0) and added flexibility
(pp. 2-79 - 2-80) criteria for reducing off-street parking requirements and front and
rear setback requirements.
33. Section 2-704(P) Re-lettered telecommunication towers from (L) to (P).
(p. 2-79)
34. Section 2-704(Q) Re-Iettered vehicle sales/displays from (M) to (Q). Added
(pp. 2-79 - 2-80) flexibility criteria for reducing lot area, width~ front and rear
setback requirements.
Page 10 of 45
35.
Section 2- 704(R)
(p. 2-80)
Re-lettered veterinary offices, grooming and boarding from (N)
to (R) and added flexibility criteria for reducing lot area, width,
front, side and rear setback requirements.
I. Division 8 - Tourist District (T)
1.
2.
3.
4.
5.
6.
7.
8.
9.
Section 2-801. 1
(p.2-81)
Changed permitted floor area ratio from .30 to 1.0 .
Table 2-802
(pp. 2-81 - 2-83)
Added accessory dwellings and parks and recreation facilities
as permitted flexible development uses. Reduced front setbacks
for medical clinics from 35' to a range of 10' - 15' and reduced
side setback from 20' to 1. 0'. Added option for detennining
parking requirements for outdoor recreation/entertainment based
on lTE Manual standards. Reduced lot width requirement for
restaurants from 100' to a range of 50' - 100'. Added references
that governmental uses can not exceed 5 acres and public
transportation and utility/infrastructure uses can not exceed 3
acres to be consistent with the Countywide Plan Rules.
Section 2-802(A)
(p. 2-83)
Added flexibility criteria for reducing front setbacks for alcoholic
beverage sales.
Section 2-802(C)
(pp. 2-84 - 2-85)
Added flexibility criteria for reducing parking for governmental
uses.
Section 2-802(D)
(pp. 2-85 - 2-86)
Deleted parking flexibility criteria for indoor recreation!
entertainment. Added flexibility criteria for reducing front, side
and rear setbacks and increasing height.
Section 2-802(E)
(p. 2-86)
Changed hours of operation of commercial activities
at marinas from sunrise to sunset to 6:00 a.m. - 9:00 p.m.
Section 2-802(F)
(pp. 2-86 - 2-87)
Deleted flexibility criteria requiring medical clinics to front on
major arterial streets. Added criteria requiring proposed
development to be compatible with surrounding properties.
Added criteria for reducing parking requirements and front
setbacks and increasing height.
Section 2-802(H)
(p. 2-87)
Increased fence height for screening non-residential off-
street parking areas from 3' to 4'.
Section 2-802(1)
(p. 2-88)
Developed flexibility criteria for reducing setbacks, parking, and
increasing height for offices.
Page 11 of 45
10. Section 2-802(1)
(p. 2-89)
II. Section 2-802(1<)
(p. 2-90)
12. Section 2-802(L)
(pp. 2-90 - 2-91)
Added flexibility criteria reducing front setbacks and off-street
parking for outdoor recreation/entertainment.
Added flexibility criteria for reducing lot width for overnight
accommodations.
Revised access requirements for parking garages to be based on
findings of transportation analysis instead offrom side streets and
revised stacking requirements to be based on design and size of
garage instead of 10 spaces. Added flexibility criteria from
reducing front and rear setbacks.
13. Section 2-802(M)
(pp. 2-91 - 2-92)
14. Section 2-802(N)
(p. 2-92)
15. Section 2-802(0)
(pp. 2-92 - 2-93)
16. Section 2-802(P)
(pp. 2-93 - 2-94)
17. Section 2-802(Q)
(p. 2-94)
18. Section 2-802(R)
(p. 2-94)
19. Table 2-803
(pp. 2-95 - 2-96)
Added flexibility criteria for parks and recreation facilities.
Re-Iettered public transportation facilities from (M) to (N).
Re-lettered restaurants from (N) to (0) and added flexibility
criteria for reducing parking.
Re-Iettered retail sales and services from (0) to (P) and added
flexibility criteria for reducing parking.
Re-Iettered sidewalk venders from (P) to (Q).
Re-Iettered utility/infrastructure facilities from (Q) to (R).
Deleted all development standards for comprehensive infill
and changed parking requirements to be determined by the
Community Development Coordinator based use the use and/or
the ITE Manual standards. Added limited vehicle sales and
displays as permitted flexible development use. Reduced rear
setback requirements for alcoholic beverage sales and nightclubs.
Added option of determining parking requirements for outdoor
recreation/entertainment based on IrE Manual standards.
Reduced lot width requirements for restaurants from 100' to a
range of 50' - 100'. Added reference that any use approved for
a comprehensive infill project must be permitted by the
underlying Future Land Use Map designation.
20.
Section 2-803(A)
(p. 2-96)
Deleted nightclubs from title of this subsection because
nightclubs are addressed in subsection (F).
Page 12 of45
,
21. Section 2-803(C)
(p. 2-98)
22. Section 2-803(0)
(p. 2-99)
23. Section 2-803(E)
(p. 2-99)
24. Section 2-803(F)
(p.2-100)
25. Section 2-804(G)
(pp. 2-101 - 2-102)
26. Section 2-804(H)
(p. 2-102)
27. Section 2-804(1)
(p. 2-103)
28. Section 2-804(1)
(pp. 2-103 - 2-104)
29. Section 2-804(K)
(pp. 2-104 - 2-105)
Deleted "economically" impractical from comprehensive
infill redevelopment projects criteIia.
Added flexibility criteria for limited vehicle sales and display.
Re-Iettcred marina facilities from (0) to (E).
Re-Iettered nightclubs from (E) to (F). Eliminated reference from
alcoholic beverage sales from the title of the subsection.
Re-Iettered offices from (F) to (G) and added flexibility criteria
for reducing rear setbacks and parking.
Re-lettered outdoor recreation/entertainment from (G) to (H) and
added flexibility criteria for reducing parking.
Re-lettered overnight accommodations from (H) to (1) and added
flexibility criteria for reducing lot area and width.
Re-Iettered restaurants from (I) to (J) and added criteria for
reducing parking requirements.
Re-Iettered retail sales and services from (1) to (K) and added
flexibility criteria reducing off-street parking.
J. Division 9 - Downtown District (D)
1.
Table 2-902
(pp.2-106-2-107)
Deleted governmental uses and public facilities from flexible
standard uses. Added parks and recreation facilities as a
permitted flexible standard use.
2.
Section 2-902(B)
(p. 2-107)
Revised shared parking criteria for alcoholic beverage sales.
3.
Section 2-902(C)
(p. 2-108)
Revised shared parking criteria for attached dwellings.
4.
Section 2-902(E)
(pp. 2-108 - 2-109)
Deleted governmental uses and corresponding flexibility criteria.
5.
Section 2-902(E)
(p. 2-109)
Re-Iettered nightclubs from (F) to (E) and revised shared parking
criteria.
Page 13 of 45
.,
6.
Section 2-902(F)
(pp. 2-109 - 2-110)
Re-Iettered offices from (G) to (F). Revised shared parking
criteria and added additional criteria for reducing parking.
7.
Section 2-902(G)
(p. 2-11 0)
Re-Iettered overnight accommodations from (H) to (G) and
revised shared parking criteria.
8.
Section 2-902(H)
(pp. 2-11 0 - 2-111 )
Re-Iettered parking garages and lots from (I) to (H). Revised
access requirements to be based on transportation analysis instead
of from a side street and revised stacking criteria to be based on
size and design of garage instead of 10 spaces.
9. Section 2-902(1)
(p. 2-111)
10. Section 2-902(1)
(pp. 2-111 - 2-112)
11. Section 2-902(K)
(p. 2-112)
12. . Section 2-902(1<)
~
(pp. 2-112 - 2-113)
13. Section 2-902(L)
(pp. 2-112 - 2-113)
14. Section 2-902(M)
(p.2-113)
15. Section 2-902(N)
(p. 2- 113)
16. Section 2-902(0)
(p.2-114)
17. Table 2-903
(pp. 2-114 - 2-115)
Added parks and recreation facilities criteria.
Deleted flexibility criteria reducing lot area and setbacks for
places of worship and renumbered remaining provisions.
Deleted public facilities and corresponding flexibility criteria.
Re-lettered public transportation facilities from (L) to (K).
Re-lettered restaurants from (M) to (L) and revised shared
parking flexibility criteria.
Re-Iettered retail sales and services from (N) to (M) and revised
shared parking flexibility criteria.
Re-Iettered sidewalk vendors from (0) to (N).
Re-Iettered utility/infrastructure facilities from (P) to (0).
Deleted comprehensive infill height restrictions and added
that parking is to determined by the Community Development
Coordinator based on the specific use and/or lTE Manual
standards. Added indoor recreation/entertainment facilities and
limited vehicle sales and display as permitted flexible
development uses. Added reference to Section 3-200] for height
of telecommunication towers. Added reference that any use
approved for a comprehensive infill project must be permitted by
the underlying Future Land Use Plan Map designation.
Page 14 of 45
18. Section 2-903(A)
(pp. 2-115 - 2-116)
19. Section 2-903(B)
(pp. 2-1 ]6 - 2-117)
20. Section 2-903(C)
(p.2-117)
21. Section 2-903(0)
(p. 2-1 ] 8)
22. Section 2-903(E)
(p. 2-118)
23. Section 2-903(F)
(pp. 2-118 - 2-119)
24. Section 2-903(G)
(p. 2-1] 9)
25. Section 2-903(H)
(pp. 2-119 - 2-120)
26. Section 2-903(1)
(p. 2-120)
27. Section 2-903(J)
(pp. 2-120 - 2-121)
28. Section 2-903(K)
(p.2-121)
29. Section 2-903(L)
(p.2-122)
30. Section 2-903(M)
(pp. 2-122 -- 2-123)
31. Section 2-903(N)
(p. 2-] 22).
Revised shared parking flexibility criteria for alcoholic beverage
sales.
Revised shared parking flexibility criteria for attached dwellings.
Deleted "economically" impractical from comprehensive
infill redevelopment project flexibility criteria.
Added flexibility criteria for increasing height for educational
facilities.
Revised shared parking flexibility criteria for government uses.
Added indoor recreation/entertainment facility and flexibility
criteria.
Added limited vehicle sales/display and flexibility criteria.
Re-Iettered nightclubs from (F) to (H) and revised shared parking
flexibility criteria.
Re-Iettered offices from (G) to (I) and revised shared parking
flexibility criteria.
Re-lettered overnight accommodations from (H) to (J) and
revised shared parking flexibility criteria.
Re-Iettered public facilities from (I) to (1<) and revised shared
parking flexibility criteria.
Re-lettered restaurants from (1) to (L) and revised shared parking
flexibility criteria.
Re-lettered retail sales and services from (1<) to (M) and revised
shared parking flexibility criteria.
Re-Iettered telecommunication towers from (L) to (N).
K. Division 10 - Office District (0)
Page 15 of 45
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1 . Table 2-1002
(p.2-124)
Added parks and recreation facilities as a permitted minimum
standard use. Added reference that places of worship can not
exceed 5 acres to be consistent with the Countywide Plan Rules.
2. Table 2-1003
(pp. 2-125 - 2-126)
Added educational facilities and off-street parking as permitted
flexible standard uses. Revised parking requirement for
accessory uses from no required spaces to 1 per unit. Deleted
development standards for restaurants and retail sales and service
because they are only permitted as accessory uses. Added
references that places of worship can not exceed 5 acres in area
and public transportation and utility/infrastructure uses can not
exceed 3 acres to be consistent with the Countywide Plan Rules.
3. Section 2-1003 (C)
(pp.2-126-2-127)
Added educational facilities and flexibility criteria.
4. Section 2-1003(0)
(p. 2-127)
Re-Iettered medical clinics from (C) to (0) and added flexibility
criteria regarding compatibility and screening of trash enclosures.
5. Section 2-1003 (E)
(p. 2-127)
Re-lettered nursing homes from (D) to (E). Deleted flexibility
criteria restricting nursing homes to fronting on but not having
access to major arterials. Added screening requirements for trash
enclo sures.
6. Section 2-1 003 (F)
(pp. 2-127 - 2-128)
Re-Iettered offices from (E) to (F). Added parking flexibility
criteria.
7. Section 2-1003 (G)
(p.2-128)
Added off-street parking and flexibility criteria.
8. Section 2-1 003 (H)
(pp. 2-128 - 2-129)
Re-Iettered places of worship from (F) to (H). Added flexibility
criteria for reducing lot width. Deleted flexibility criteria for
reducing parking.
9. Section 2-1003(1)
(p.2-129)
Re-Iettered public transportation facilities from (G) tD (I).
10. Section 2-1003 (J)
(p. 2-129)
Re-lettered restaurants from (H) to (J).
. 1 L Section 2-1003(1<)
(p. 2-129)
Re-Iettered retail sales and services from (I) to (1<).
12. Section 2-1 003(L)
(pp. 2-129 - 2-130)
Re-Iettered tv/radio studios from (J) to (L).
Page 16 of 45
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13. Section 2-1 003(M) Re-Iettered utility/infrastructure facilities from (K) to (M).
(p. 2-130)
14. Section 2-1 003(N) Re-Iettered veterinary offices from (L) to (N).
(p.2-101)
15. Table 2-1004 Added accessory use and mixed use as permitted flexible
(pp. 2- 130 - 2-13 1) development. Added n/a to comprehensive intl11 and added that
parking is determined by the Community Development
Coordinator based on the use and/or ITE Manual standards.
Reduced front setbacks from 35' to a range of 15' - 35' for
medical clinics, nursing homes, offices, and tv/radio studios.
Reduced side and rear setbacks from 20' to a range of 10' - 20'
for medical clinics, nursing homes, offices, and tv/radio studios.
Deleted development standards for restaurants and retail sales
and service because they are only permitted as accessory uses.
Added development standards for telecommunication towers and
added reference to Section 3-2001 for height requirements.
Added reference that any use approved for a comprehensive infill
project must be permitted by the underlying Future Land Use
Plan Map designation.
16. Section 2-1 004(A) Added accessory dwellings and flexibility criteria.
(pp. 2-131 - 2-132)
17. Section 2-1 004(B) Re-Iettered comprehensive intill from (A) to (B) and deleted
(p. 2-132) "economically" from flexibility criteria. Deleted requirement
that comprehensive infill comply with Downtown District design
guidelines.
18. Section 2-1004(C) Re-Iettered medical clinic from (B) to (C). Deleted requirement
(pp. 2-132 - 2-133) that clinics be located on major arterials but not have access to
them. Added flexibility criteria for screening trash containers,
increasing height, meeting sign standards, and reducing front,
side and rear setbacks.
19. Section 2-1004(0) Added mixed use and flexibility criteria.
(pp. 2-133 - 2-134)
20. Section 2-1 004(E) Re-Iettered nursing homes fi.om (C) to (E) and added flexibility
(p.2-134) criteria for reducing side and rear setbacks.
21. Section 2-1 004(F) Re-Iettered offices from (D) to (F). Added flexibility criteria for
(pp. 2-134 - 2-135) reducing parking and front setbacks.
Page 17 of45
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22.
23.
24.
25.
Section 2- 1 004(G)
(p.2-135)
Re-Iettered restaurants from (E) to (G) and deleted criteria for
increasing height and reducing front setbacks because
development standards were deleted due to this being allowed
only as an accessory use. Deleted provision permitting signage.
Section 2-1 004(H)
(pp. 2-135 - 2-136)
Re-lettered retail sales and services from (F) to (H) and deleted
criteria for increasing height and reducing front setbacks
because development standards were deleted due to this being
allowed only as an accessory use. Deleted provision permitting
slgnage.
Section 2-1004(1)
(p. 2-136)
Re-Iettered telecommunication towers from (G) to (1).
Section 2-1 004(J)
(pp. 2-136 - 2-137)
Re-lettered tv/radio studios from (I-I) to (1).
L. Division 11 - Mixed Use District (MU)
1.
Mixed Use District
(pp.2-137-2-148)
Deleted mixed use district in its entirety. (DCA objected to the
district. )
M. Division 12 - Institutional District <0
1.
2.
3.
Table 2-1201.1
(p.2-149)
Corrected typographical elTor with regard to the permitted ISR in
the Institutional Land Use category.
Table 2-1202
(pp. 2-149 - 150)
Deleted airport as a minimum standard development use.
Revised "public" and recreation facilities to "parks".
Table 2-1203
(pp. 2-150 - 2-151)
Revised parking requirement for accessory dwellings from no
parking to 1 parking space per unit. Added airport as permitted
flexible standard use. Deleted alcoholic beverage sales as a
permitted flexible standard use. Reduced front setback
requirements from 25' to a range of 1.5' - 25' and rear setbacks
from 20' to a range of 15' - 20' for educational facilities,
halfway houses, hospitals, marina facilities, medical clinics,
outdoor recreation/entertainment, parking garagesllots, places of
worship, residential shelters, retail sales, and utility/infrastructure
facilities. Added alternative way to determine parking for
outdoor recreation/entertainment based on ITE Manual
standards. Added reference that utility/infrastructure uses can not
exceed 3 acres to be consistent with the Countywide Plan Rules.
Page 18 of 45
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4. Section 2-1203 (B) Deleted alcoholic beverage sales and in its place added airport
(pp. 2~151 - 2~152) and flexibility criteria requiring an aviation study to determine
appropriate dimensional standards.
5. Section 2-1203(C) Deleted places of worship from title of subsection. Added
(p.2-152) flexibility criteria for reducing front and rear setbacks.
6. Section 2~1203(D) Added flexibility criteria for reducing front and rear setbacks
(p.2-152) of halfway houses.
7. Section 2-1203(E) Added flexibility criteria for reducing front, side, and rear
(pp. 2~ 152 - 2-153) setbacks and reducing parking for hospitals.
8. Section 2-1203(F) Added flexibility criteria for reducing rear setbacks.
(p. 2-153)
9. Section 2-1203(G) Deleted provision requiring medical clinics to be located on
(p. 2-154) a major arterial but having no access to it. Added compatibility
criteria. Added flexibility criteria reducing front, side and rear
setbacks and parking requirements. Added criteria that trash
enclosures be located within landscaped enclosures.
10. Section 2-1203(H) Added flexibility criteria for reducing parking requirements and
(p. 2-154) front setbacks.
11. Section 2-1203 (1) Revised access requirements to be based on a transportation
(pp. 2-154 - 2-155) analysis instead of by way of a side street. Revised stacking
requirements to be based on lot/garage size and design instead of
having 4 spaces. Added flexibility criteria for reducing front and
rear setbacks.
12. Section 2-1203(J) Added flexibility criteria for reducing front and rear setbacks for
(p. 2-155) places of worship. Deleted "educational facilities" from title of
sub section.
13. Section 2-1203(L) Added flexibility criteria for reducing front and rear setbacks.
(p. 2-156)
14. Section 2-1203(M) Added provision permitting social/community service
(pp. 2-156 - 2-157) organiza.tions. Added flexibility criteria for reducing front and
rear setbacks. Deleted criteria limiting retail sales to 10% of
floor area and outdoor sign age to 12 square feet.
15. Table 2-1204 Added reference to comprehensive infill that parking is
(pp. 2-157 - 2-158) determined by the Community Development Coordinator based
Page 19 of45
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16.
on the specific use and/or lTE Manual standards. Added
development standards for telecommunication towers and added
reference to Section 3-2001 for height requirements. Added
reference that any use approved for a comprehensive infill project
must be permitted by the underlying Future Land Use Plan Map
designation.
Section 2-1204(A)
(pp. 2-158 - 2-159)
Deleted "economically" impractical from comprehensive infill
flexibility criteria. Deleted criteria requiring buildings to
comply with the Downtown District design guidelines.
N. Division 13 - Industrial, Research and Technology (IRT)
2.
3.
4.
5.
6.
7.
1.
Table 2-1302
(pp. 2-160 - 2-161)
Added parks and recreation facilities and self storage as
permitted minimum standard uses. Added reference that
government uses can not exceed 5 acres to be consistent with the
Countywide Rules.
Table 2-1303
(pp. 2-161 - 2- 1 63)
Added manufacturing, offices, parking lots, public facilities,
research and technology, self storage, tv/radio studios, vehicle
service and wholesale distribution as permitted flexible standard
uses. Added criteria permitting parking for outdoor recreation!
entertainment to be based on ITE Manual standards. Added
references that public transportation facilities and residential
shelters can not exceed 5 acres, utility/infrastructure uses can not
exceed 10 acres, and vehicle sales in the Industrial Limited land
use category can not exceed 5 acres and in the Industrial General
can not exceed 25% or the floor area of a development to be
consistent with the Countywide Plan Rules.
Section 2-1303(C)
(p. 2-163)
Added manufacturing and flexibility criteria.
Section 2-1303(0)
(pp. 2-163 - 2-164)
Added office and flexibility criteria related to the type of
permitted office uses.
Section 2-1303(E)
(p. 2-164)
Re-Iettered outdoor recreation/entertainment from (C) to (E).
Section 2-1303(F)
(p. 2-164)
Re-lettered outdoor storage from (D) to (F).
Section 2-1303(G)
(p. 2-164)
Added parking lots and requirement that the lot be screened from
rights-of-way and adjacent residentially zoned property.
Page 20 of 45
8. Section 2-1303(H)
(p.2-165)
9. Section 2-1303 (I)
(p. 2-165)
10. Section 2-1303(1)
(p.2-165)
11. Section 2-1303(K)
(p. 2-165)
12. Section 2-1303(L)
(pp. 2-165 - 2-166)
13. Section 2-1303(M)
(p. 2-166)
14. Section 2-1303 (N)
(p.2-166)
15. Section 2-1303(0)
(pp. 2-166 - 2-167)
16. Section 2-1303 (P)
(p. 2-167)
17. Section 2-1303(Q)
(p.2-167)
18. Section 2-1303(R)
(p.2-167)
19. Section 2-1303(S)
(p.2-167)
20. Section 2-1303(T)
(p.2-167)
21. Table 2-1304
(pp. 2-168 - 169)
Added public facilities and criteria that such use not be
contiguous to residentially zoned parcels.
Re-Iettered public transportation facilities from (E) to (I).
Added research and technology and flexibility criteria.
Re-Iettered residential shelters from (F) to (K).
Re-Iettered retail sales and services from (G) to (L).
Re-Iettered restaurants from (H) to (M).
Added self storage and flexibility criteria.
Added tv/radio studios and flexibility criteria.
Re-lettered utility/infrastructure facilities from (I) to (P).
Re-Iettered vehicle sales and service from (J) to (Q).
Added vehicle service and flexibility criteria.
Re-lettered veterinary office/animal grooming from (K) to (5).
Added wholesale/distribution/warehouse facility and flexibility
criteria.
Added parking requirement for comprehensive infill to be
determined by the Community Development Coordinator based
on the specific use and/or the ITE Manual standards. Added
offices as permitted flexible development use. Added
development standards for telecommunication towers and added
reference to Section 3-2001 for height requirements. Added
references that adult uses, nightclubs and overnight
Page 21 of 45
accommodations can not ex:ceed 5 acres and that any use
proposed for a comprehensive infill project must be permitted by
the underlying Future Land Use Map designation to be consistent
with the Countywide Plan Rules.
22.
Section 2-1304(C)
(pp. 2-169 - 170)
Deleted "economically" impractical from comprehensive infill
flexibility criteria, as well as criteria requiring buildings
to comply with the Downtown District design guidel ines.
23. Section 2-1304(0)
(p.2-170)
24. Section 2-13 04(E)
(p.2-171)
25. Section 2-13 04(F)
(pp. 2-170 - 2-171)
26. Section 2-1304(G)
(p. 2-171)
27. Section 2-13 04(H)
(p.2-171)
Added offices and flexibility criteria.
Re-lettered overnight accommodations from (D) to (E).
Re-Iettered salvage yards from (E) to (F).
Re-Iettered self storage from (F) to (G).
Re-Iettered telecommunication towers from (G) to (H).
o. Division 14 - Open SpacelRecreation District (OSR)
1.
Table 2-1402
(p. 2-172)
Added alternative parking requirement for parks and recreation
facilities to be based on IrE lvIanual standards. Reduced front
setback of parks from 35' to 25'.
2.
Table 2-1403
(p. 2-173)
Reduced front setbacks for all uses from 35' to 25'.
Added additional requirement basing parking for outdoor
recreation/entertainment on lTE Manual standards. Reduced
front setbacks for outdoor recreation/entertainment, overnight
accommodations, restaurants, retail sales and service. Added
governmental use as a permitted use.
4.
Section 2-1403(B)
(p.2-174)
Added off-street parking flexibility criteria for reducing parking
for outdoor recreationJentettainment. Re-Iettered from (A) to
(B).
3.
Section 2-1403(A)
(p. 2-174)
Added governmental uses and tlexibil ity criteria that the use is
accessory .
Page 22 of 45
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5. Section 2- I 403 (C)
(p. 2-174)
6. Section 2-1403(0)
(pp. 2-174 -2-175)
7. Section 2-1403 (E)
(p. 2-175)
8. Section 2-1403 (F)
(p. 2-175)
9. Section 2-1403 (G)
(p.2-175)
10. Section 2-1403 (H)
(pp. 2-175 -2-176)
11. Table 2-1404
(p. 2-176 )
Re-Iettered overnight accommodations from (B) to (C).
Re-Iettered parking garages and/lot from (C) to (D).
Re-Iettered public transportation facilities from (D) to (E) and
added criteria specifying the use is accessory.
Re-Iettered restaurants from (E) to (F).
Re-lettered retail sales and services from (F) to (G).
Re-Iettered utility /infrastructure facilities from (G) to (H)
and added criteria specifying the use is accessory.
Added flexible development to the OSR District. Added
comprehensive infill as only permitted flexible development use
and reference that any use approved as comprehensive infill must
be permitted by the underlying Future Land Use Map
designation.
12.
Section 2-1404(A)
(pp.2-176-2-177)
Added comprehensive infiIl flexibility criteria.
P. Division 15 - Preservation
1.
Table 2-1503
(p. 2-178)
Deleted marina facilities to be consistent with the Countywide
Rules.
2.
Section 2-1503(A)
(pp. 2-178 - 2-179)
Deleted marina facilities and deleted portion of flexibility criteria
relating to marina facilities.
ARTICLE 3 - DEVELOPMENT STANDARDS
A. Division 2 - Accessory Uses/Structures
1.
Table of Contents
(pp. 3-1 - 3- 5)
Changes made in table of contents to reflect additions and
deletions in Section titles.
2.
Section 3-201 (B)
Changed percentage allowed for accessory structures from 5%
Page 23 of 45
3.
4.
\ 'I, ,'. .' . I \' I .t'I', I ". ',..': ~... ," , (,; \ \ " ~ .; " / \. I (t: "
(pp. 3-12 - 3-13)
to 10%. Added provision to permit percentage to be increased up
to 25% with a Level One (flexible standard) approval. Clarified
that for purposes of calculating the allowable percentage, gross
floor area includes any attached garage or carport. Added new
subsections restricting the height of accessory structures,
prohibiting the use of canvas or other similar materials for
accessory structures, and exempting swimming pools/spas and
detached garages from the permitted accessory use percentage.
Section 3-201(C)
(p. 3-13)
Deleted "uncovered" from outdoor service area provisions.
Section 3-201 (D)
(p. 3-13)
Clarified that solid waste containers and mechanical equipment
have to be fully screened from the view of the public streets and
abutting properties.
B. Division 6 - Docks/Marina Standards
1.
2.
3.
4.
s.
6.
7.
8.
Section 3-601(C)
(p. 3-26)
Deleted boat lifts from the repair provisions.
Section 3-601(0)
(p. 3-27)
Added boat lifts and catwalks to setbacks subsection.
Section 3-601(E)
(p. 3-27)
Deleted tie poles from the length restrictions.
Section 3-601(G)
(p. 3-27)
Added provision permitting tie poles to project into the navigable
portion of the waterway by no more than 25% of the waterway.
Section 3 -601 (H)
(p. 3-27)
Deleted boat lift and catwalk setbacks because they were
incorporated into 3-601(D).
Section 3-601 (H)
(p' 3-27)
Re-lettered (1) to (H) and changed title from boat houses to
covered boat lifts. Clarified that covered boats slips are
permitted, but covered lifts with vertical walls are not permitted.
Prohibited covers from being made of canvas and other similar
materials.
Section 3-601(1)
(p. 3-27)
Re-lettered (1) to (I).
Section 3-601(1)
(p. 3-27)
Re-lettered (K) to (1).
Page 24 of 45
9.
Section 3-601(K)
(p. 3-27)
Re-Iettered (L) to (K).
10.
Section 3-601(L)
(p. 3-27)
Re-Iettered (M) to (L) and clarified that new boat lifts installed
on previously permitted wetslips are exempt from setback
standards.
c. Division 7 - Erosion and Siltation Control
1.
Section 3-702(A)
(p. 3-30)
Added reference specifying that if land clearing and grubbing
activities are proposed that a permit is required pursuant to
At1icle 4 Division 13. .
2.
Section 3-702(B)
(p. 3-30)
Changed City Engineer to Community Development
Coordinator.
3.
Section 3-702(D)
(p. 3-30)
Changed City Engineer to Community Development
Coordinator. Added that no sediment and debris is permitted to
enter adjacent properties.
4.
Section 3-702(E)
(pp. 3-30 - 3-31)
Changed City Engineer to Community Development
Coordinator.
5.
Section 3-702(F)
(p. 3-31)
Changed City Engineer to Community Development
Coordinator.
D. Division 8 - Fences and Walls
1. Section 3-801
(p. 3- 31)
2. Title of Section 3-802-
(p. 3-32)
3. Section 3 -802(F)
(p. 3-32)
4. Section 3-802(G)
(p. 3-32)
5. Section 3-802((H)
(pp. 3-32 - 3-33)
Changed City Engineer to Community Development.
Changed title from "Design and Materials" to "Materials".
Deleted portion of provision requiring chain link fences
fences to be located to the rear of the front building line.
Deleted provision and in its placed added that chain link fences
shall not have exposed points, wires, or prongs on top.
Deleted provision requiring fences exceeding 1 00' in length to
have a specific type of landscaping.
Page 25 of 45
6. Section 3-803
(p. 3-33)
Deleted Easements and rights-of-way section in its entirety.
7. Section 3-804
(p. 3M33)
Deleted Orientation section in its entirety.
8. Section 3-805
(pp. 3-33 - 3-34)
Deleted Height/location section in its entirety.
9. Section 3 -806
(p. 3-34)
Deleted Setbacks section in its entirety.
10. Section 3M807
(pp. 3-34 - 3-35)
Deleted Special requirements section in its entirety.
11. Section 3M803
(pp. 3-35 - 3-36)
Added new section titled Design requirements. Incorporated
provisions from deleted sections regulating the following: the
side of the fence required to be exposed to rights-oaf-way and
adjoining properties, along with exceptions; offMset requirements
for fences exceeding 100' in length; and gate requirement.
12. Section 3-804
(pp. 3-36 - 3-38)
Added new section titled Setback and height requirements.
Incorporated provisions from deleted sections regulating the
following: placement and height requirements for fences located
in the front, side and rear yards; fences on waterfront properties;
fences on corner lots and on double frontage lots; and exceptions
for attached dwell ings.
13. Section 3-805
(pp. 3-38 - 3-39)
Added new section titled chainlink fences. Incorporated
deleted provision prohibiting chainlink fences in the front yard.
Specified that they have to be placed to the rear of the front
building line. Added that chain link fences can't exceed 48"
unless clad with green or black vinyl coating; required chainlink
fences to be landscaped; and exempted chainlink fences for
certain recreation facilities from height limitations.
14. Section 3-806
(p. 3-39)
Added new section titled Easements and rights-of-way.
Incorporated requirements of deleted Section 3-803.
15. Section 3-807
(pp. 3M39 - 3-40)
Added new section titled Special regulations. Incorporated
provisions from deleted sections regarding fences in the visibility
triangle, fences in subdivisions, and fences on construction sites.
Added provision requiring fences around swimming pools and
fences for publicly owned landbanked properties. Added
provision permitting deviations for fences for public projects
pursuant to a Level I (flexible standard) approval process.
Page 26 of 45
16.
Section 3-808
(p.3-41)
Added provision permitting fence boards to be replaced on
nonconforming fences provided the posts are not replaced.
D. Division 9 - General Applicability
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
Section 3-902
(p.3-41)
Added provisions permitting density and intensity averaging
on unified sites having different land use categories.
Section 3-903(H)
(p. 3-42)
Added screening requirements for mechanical equipment.
Section 3-904(A)
(p. 3-42)
Changed clearance requirement from 7' to 8'.
Section 3-904(B)
(p. 3-42)
Added exemption for required fences around pools.
Section 3-907
(pp. 3-43 - 3-44)
Deleted existing provision requiring setbacks between buildings
and replaced it with vegetative butter requirements adjacent to
preservation land or jurisdictional wetlands [existing code section
3-1202(F)].
Section 3-908(A)
(pp. 3-44 - 3-45)
Revised provision regulating building projections to permit
awning supports to be located on the property lines and to require
awnings extending into the public right-of-way to be
canti 1 evered.
Section 3-909
(pp. 3-45 - 3-47)
Revised newsrack provisions. Incorporated some provisions
from Chapter 28.10 of the Code of Ordinances and added new
provisions permitting a combination of multi-stand racks for a
distance of 6' and a separation requirement of 300'. Added
flexibility in the T and D Districts by allowing additional length
through a flexible standard approval.
Section 3-915(B)
(p. 3-49)
Clarified that vehicles for sale can not be parked in a
predominant location on a parking lot for the purpose of
displaying the vehicle for sale.
Section 3-915(C)
(p. 3-49)
Added provision clarifying that property owners in residentially
zoned areas can perform minor vehicle repairs on their own
vehicles.
Section 3-916
(pp. 3-49 - 3-50)
Added new section titled "Vending machines." Incorporated
provisions from Chapter 28.10 of the Code of Ordinances,
Page 27 of 45
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..
.. .
11.
12.
excluding the enforcement provisions.
Section 3-917
(p. 3-50)
Added new section titled "Renting of residential dwellings"
which prohibits a dwelling unit in a residential zoning district
from being rented for less than 3 1 days.
Section 3-918
(p. 3-50)
Added new section titled "Maintenance in accordance with
approved plan" which requires improvements authorized by any
approval to be maintained in accordance with such approval.
F. Division 12 - Landscapinglfree Protection
1.
2.
3.
4.
5.
6.
7.
8.
9.
Section 3-1202(A)
(p. 3-54)
Added a new section titled "App I icabi I ity". Added triggers for
compliance with landscaping provisions.
Section 3-1202(B)
(p. 3-54)
Re-lettered (A) to (B).
Section 3-1202(C)
(p. 3-56)
Re-Iettered (B) to (C).
Section 3-1202(0)
(p. 3-57)
Re-Iettered from (C) to (D) and deleted single-family column
from the perimeter landscaping requirement table.
Section 3-1202(E)
(p. 3-58)
Re-lettered interior landscaping provisions from (D) to (E).
Section 3-1202(F)
(p. 3-58)
Re-Iettered from (E) to (F).
Section 3-1202(F)
(p. 3-59)
Deleted existing subsection (F) requiring a vegetative buffer
adjacent to preservation district or jurisdictional wetlands.
Incorporated into Section 3-907.
Section 3-1204(L)
(p. 3-63)
Added that "missing" plant material must be replaced.
Section 3-1205(A)
(p. 3-64)
Added that a permit is required to remove any palm with a 10'
clear and straight trunk.
10.
Section 3-1205(B)
(p. 3-64)
Added "palms" to provisions detailing criteria for issuing tree
removal permits. Added "proximity to existing or proposed
structures" as reason for granting tree removal permit.
Page 28 of 45
11.
12.
13.
f~.'" " "It"'.)~t.\,':' .I....I,~......\I~. ~ ....1: \~t~'f"":.'}':~'.\.. ... ,I, ,~'/', . ,,:', .
Section 3-1205(D)
(pp. 3-64 - 3-66)
Revised tree replacement requirements for single-family and two
family properties to be based on size of lot instead of on an inch
per inch basis. Changed caliper to "DBH" where appropriate.
Increased tree placement costs from $42 to $48 and revised to
permit payment into the tree bank only if the Community
Development Director determines there is not sufficient space for
all replacement trees on-site. Reduced the understory credit from
25% to 1 0%. Expanded the understory credit to include
enhanced tree protection methods. Added new provision (f)
which permits a 25% removal credit for undeveloped multi-
family and commercial properties. Subsection (g) was re-lettered
from (t).
Section 3-1205(E)
(pp. 3-66 - 3-67)
Incorporated requirements of Chapter 52 of the Code of
Ordinances requiring protective barriers and protection during
construction.
Section 3-1205(F)
(pp. 3-68 - 3-69)
Incorporated requirements of Chapter 52 of the Code of
Ordinances establishing proper tree care requirements.
G. Division 14 - Parking and Loading
1.
2.
3.
4.
5.
Section 140 1 (B)
(p.3-71)
Revised provisions regulating triggers for existing parking lots to
be based on the value of improvements proposed or if an
approved site plan is being amended. Deleted requirement
that unimproved lots proposed to be paved/resurfaced have to
comply with provisions.
Section 3-1403(B)
(p. 3-73)
Deleted limit on the maximum number of permitted parking
spaces. Added that 85% of parking required for outdoor
recreation facilities and other uses determined by the Community
Development Director may have a grass or other penneable
surface.
Section 3-1404(B)
(p. 3-73)
Permitted parking lots to be striped with painted lines instead of
thermoplastic lines unless a development generates more than
2500 vehicles trips per day.
Section 3-1404(G)
(p. 3-73)
Added new provision permitting the payment in lieu of
providing the required parking in the Downtown District.
Section 3-1406(B)
(p. 3-74)
Deleted MU District from off-street loading requirements.
Page 29 of 45
6. Section 3-1406(C)
(p. 3-75)
Added new provision permitting exceptions to the loading
requirements pursuant to the Level One (flexible standard)
approval process.
7 . Section 3-1407(A)
(p. 3-76)
Added new subsections (f) and (g) which prohibits any race car,
dune buggy, farm equipment~ go kart, ATV, or other similar
vehicle not designated for street operation from being parked
within a street right-of-way or front setback. Added provision to
subsection (3) that no semi-tractor trailer truck/cab can be parked
in a residentially zoned district. Added provision prohibiting
parking of motor vehicles on grass or other landscaped areas in
the front setback on residentially zoned property provided
parking is available on a paved surface.
8. Section 3-1408
(p. 3-77)
Added new section prohibiting the parking of commercial trucks,
semi-trailers, etc. on commercial property if such vehicles are not
associated with the property.
9. Section 3-1409
(p. 3-77)
Renumbered Section 3-1408 to 3-1409.
10. Section 3-1410
(p. 3-78)
Renumbered Section 3-1409 to 3-1410.
H. Division 15 - Property Maintenance
1.
Section 3-1502(A)
(p. 3-79)
Added reference to Chapter 49.
2.
Section 3-1502(G)
(p. 3-81)
Corrected incorrect reference of Section 3-911 to 3-912.
5.
Section 3-1506
(pp. 3-85 - 3-86)
Deleted section (A) and re-Iettered (1), (2), and (3) to (A), (B)
and (C).
3.
Section 3 -1502(K)
(p. 3-82)
Added requirement that parking lots must be kept free of pot
holes. Corrected typographical error of "deed" to "dead".
4.
Section 3-1503
(pp. 3-83 - 3-85)
Revised time periods for abandoned buildings. Added hazardous
trees, untended and/or unfenced pools, and discarded/inoperative
appliances as nuisances. Added three new subsections declaring
the following as nuisances: lack of maintenance over rights-of-
way, abandoned shopping carts, and newsracks and vending
machines located in a dangerous or hazardous manner.
Page 30 of 45
6.
Section 3-1508(C)
(p. 3-88)
Changed "lawn" maintenance equipment to "property"
maintenance equipment in subsection (12).
I. Division 18 - Signs
1. Section 3-1803(B)
(p. 3-93)
2. Section 3-1803(0)
(p. 3-93)
3. Section 3-1804(A)
(p. 3-94)
4. Section 3-1805
. (p. 3-96)
5. Section 3-1805(A)
(p. 3-96)
6. Section 3-1805(C)
(p. 3-96)
7. Section 3-1805(J)
(p. 3-97)
8. Section 3-1805(T)
(p. 3-98)
9. Section 3-1806(A)
(pp. 3-98 - 3-99)
Revised to permit one freestanding sign per entrance for
each single-family subdivision and multi-family development.
Added provisions permitting identification monument signs for
schools and parks. Added provision requiring such signs to
include the property address.
Deleted "string of' pennants.
Revised changeable message sign provisions to permit message
changes once every 6 hours.
Reduced sign setback from 10' to 5' to be consistent with
amendments made during the summer.
Changed title of section to "Signs Permitted Without
a Permit."
Added provision permitting commercial properties three square
feet of address signage.
Added allowance of grand opening sign 12 square feet in area.
Added fi.eestanding drive-through signs no more than 16
square feet in area and 6' in height.
Added new subsection permitting signage for vessel slips at
marinas and for commercial vessels at commercial marinas.
10. Section 3-1806(B)
(pp. 3-99 - p. 101)
Added provision permitting a minimum of 10 square feet per sign
face per parcel proposed for development. Added provisions
permitting a monument sign up to 25% larger than the permitted
freestanding signs. Deleted restriction of logos to 25% of sign
face. Added new subsection allowing monument signs, 4 feet in
height, in the Tourist and Downtown Districts based on three
formulas with the maximum allowable size being 20 square feet
per sign face. A minimum of 10 square feet is permitted per
parcel. Re-Iettered remaining subsection. Fixed topographical
error in subsection (5). Added new section permitting non-
Page 31 of45
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conforming uses to have signage if such uses would otherwise be
entitled to signage.
11. Section 3- I 807(B)
(p.3-102)
Added provision requiring a pre-application conference for any
comprehensive sign program application.
J. Division 19 - Subdivision Design Standards
1.
Section 3-1903(J)
(p.3-105)
Added new subsection providing a reference to the access
requirements for flag lots in Section 3-105.
2.
Section 3-I907(A)
(p.3-110)
Increased width of arterial sidewalks from 4' to 5'.
K. Telecommunication Towers
1.
Section 3-200 1 (D)
(pp. 3-114 - 3-119)
Clarified telecommunication tower requirements regarding
the applicant's responsibility to provide evidence that there is no
alternative to a new tower. Revised section to clarify that the
CDB should weigh all the criteria I isted when reviewing an
application for a telecommunication tower. Added possibility of
increasing height beyond maxi mum allowance if it eliminates the
need for additional towers.
L. Division 21 - Temporary Uses
1.
Section 3-2103(A)
(p. 3-121)
Eliminated signs for temporary uses attached to vehicles.
Reduced amount of signage permitted for temporary uses from
24 to 12 square feet per sign face. Added requirement that signs
be made of treated wood or other durable material and prohibited
spray painted copy.
2.
Table in Section 3-
2103(A)(6)
(pp. 3-122 -3-123)
Allowed circuses/carnivals in the I District. Changed "Open Lot"
sales to "Sales'" and permitted in all non-residential districts.
Added outdoor bazaars in the I and 0 Districts. Added portable
storage units to all districts restricted to 96 hours unless
associated with construction.
3.
Section 3-2103(B)
(p. 3-124)
Deleted subsection (3) regarding special sales market and in its
place added provision permitting portable storage units when
associated with construction for the duration of the permit.
Restricted signage on portable storage units to one sign face not
exceeding twelve square feet in area and required a sticker to be
Page 32 of 45
4.
affixed to the unit indicating the date the unit is delivered to a
property.
Section 3-2104(C)
(p.3-125)
Added provision permitting portable storage units for 96 hours
Restricted signage on portable storage units to one sign face not
exceeding twelve square feet in area and required a sticker to be
affixed to the unit indicating the date the unit is delivered to a
property .
M. Division 22 - Transit Shelters
1.
Section 3-2203(F)
(p. 3-127)
Added "redevelopment plan" to section which authorizes the
placement of transit shelters with advertising.
ARTICLE 4 - DEVELOPMENT REVIEW AND OTHER PROCEDURES
A. Division 2 - General Pro~edures
1.
2.
3.
4.
Section 4-202(A)
(p. 4-5)
Changed caliper to DBR in subsection (9)(t).
Section 4-202(A)
(p. 4-7)
Changed caliper to DBR in subsection (11)(r).
Section 4-202(A)
(p. 4-7)
Imposed an additional submission requirement of off-site
elevations to evaluate proposed stormwater management of the
parcel proposed for development when required by the
Engineering Department in subsection (11 )(w).
Section 4-202(A)
(p.4-7)
Added a new provision requiring the submission of an
inventory of all trees 8" DBH or more reflecting the size,
condition, etc, of those trees prepared by a certified arborist in
subsection (12)(f).
s.
Section 4-202(A)
(p. 4-8)
Corrected reference from Division 13 to 12 in subsection (18).
6.
Section 4-202(A)
(p. 4-8)
Revised to include an erosion control plan along with a
clearing and grubbing application as required in Article 4
Division 13 in subsection (19).
Page 33 of45
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7. Section 4-202(C) Changed notice requirement for level one (flexible standard)
(p. 4-9) approval from abutting property owners to property within 200' ,
excluding water bodies. Also added requirement that any
affected registered neighborhood association and any citywide
association be notified.
8. Section 4-202(C) Added "standard" to (flexible development) in subsection
(p.4-10) (3).
9. Section 4-202(E) Added new section requiring the issuance of a development order
(p.4-10) for Level One (flexible standard) approval and re-Iettered
remaining sections.
10. Section 4-203(A)( 4) - Added subsection requiring complete engineering and
(p. 4- 11) architectural plans for each component of a development project.
11. Section 4-205(A) Revised occupational license section to require an occupational
(p. 4-13) license after issuance of an occupancy permit instead of before.
12. Section 4-206(C)(2) - Added requirement excluding any bodies of water when
(p. 4-14) determining the 200' radius for mailing public notices in
subsection (2)(c) and (2)(d). Also added requirement that notice
should be given to any affected registered local neighborhood
association and to any citywide neighborhood association.
13. Section 4-206(C)(2) - Editorial change - made street plural in subsection (2)(e).
(p. 4~ 14)
14. Section 4-206(0) Deleted subsection (1) which requires the applicant to submit a
(p. 4-15) summary of evidence and disclosure of reports 10 days prior to
the hearing and renumbered remaining sections. Deleted site
visits from ex parte communication provisions in subsection (2).
Made editorial changes in subsection (5). Added new provision
requiring any case to be heard by the City Commission to be
heard within six months of the CDB meeting.
15. Section 4-206(E) Deleted provision exempting continued cases from public notice
(p.4-17) requirements if announced at a public hearing.
16. Section 4-206(F) Added provision detailing how to treat application amendments
(pp. 4-1 7 - 18) and renumbered remaining section.
17. Section 4-206(J) Changed "shall" to "may".
(p. 4-18)
Page 34 of 45
" .. -" 1 ,.... ~ ,.' . . ~ . .,. "" '\ ..' '.. "'. .' ,",
B. Division 3 - Permitted Uses: Level One
1.
2.
3.
4.
Permitted Use
Chart
(p.4-18)
Under Determination of Sufficiency - changed "flexible
development" to "flexible standard". Under Community
Development Coordinator - changed" Approval" to "Appeal".
Section 4-302(A)
(p. 4-18)
Corrected reference to 4-202 (A) and (E) to (A) and (F).
Corrected reference to Section 3-912 to 3-913. Added that a
development order shall be issued by the Community
Development Coordinator.
Section 4-302(B)
(p. 4-19)
Corrected reference to 4-202(A) and (E) to (A) and (F) and
corrected reference to 3-912 to 3-913.
Section 4-303
(p. 4-19)
Added requirement that application for building permit shall be
made within 1 year of the date of the Level One approval and all
certificates of occupancy shall be obtained within 1 year of the
issuance of the building permit.
c. Division 4 - Permitted Uses: Level Two
1.
2.
3.
4.
Level 2 Chart
(p. 4-19)
Added requirement that no building permit be issued until appeal
period expires.
Section 4-402
(p. 4-20)
Changed reference from (E) to (F).
Section 4-404
(p. 4-20)
Deleted the requirement that if the Community Development
Board denies an application a statement must be issued
specifying the changes necessary to make the application eligible
for approval. Added that the Board can deny the application for
approval.
Section 4-407
(p. 4-25)
Added provision that exempts transfer of development rights
from expiring.
D. Division 5 - Appeals
2.
1.
Section 4-501
(p.4-21)
Revised language regarding types of decisions that can be
appealed.
Section 4-502(A)
(p. 4-22)
Changed "decision" to development order issuance. Increased
time period for filing an appeal from 5 to 7 days.
Page 35 of 45
3.
4.
. 'I" ' r. "... ' , ... .. '. . I "~ . f,' 'I " f' " I' " .". \ ~ ..' ~. " ... .' t . .' , . ,: I... . _
Section 4-502(C)
(p. 4-22)
Added new section specifying that no building permit can be
issued for a Level Two or Level Three Approval prior to the
expiration of the appeal period.
Section 4-503
(p. 4-22)
Editorial correction - changed "he" to "the Coordinator".
E. Division 6 - Permitted Uses: Level Three
1.
2.
3.
4.
5.
6.
Chart on p. 4-29
(p' 4-24)
Added timeframes for applications for development approval and
determination of completeness and sufficiency by staff
Section 4-606(G)
(p. 4-33)
Corrected typographical error in subsection (l)(h). Added that a
development agreement shall not be effective until properly
recorded and received by the Department of Community Affairs
in subsection (2).
Section 4-608(B)
(pp. 4-37 - 4-38)
Added that the Community Development Coordinator is
responsible for determining whether a neighborhood is eligible
for neighborhood conservation overlay zone designation. Deleted
"and" in subsection (6). Added two new subsections requiring
that the neighborhood be cohesive and of sufficient size to
warrant such designation.
Section 4-608(0)
(p. 4-38)
Changed development review coordinator to community
development coordinator and increased the percentage of
property owners required to file a petition initiating overlay
designation from 500/0 to 600.10.
Section 4-608(E)
(p. 4-39)
Added new requirements that any neighborhood receiving
overlay district designation be responsible for educating
neighborhood residents about overlay requirements and provide
the first level of code enforcement.
Section 4-609(F)
(p. 4-41)
Added the following to the end of subsection (1)(d); "unless a
refund of impact fees paid by the developer and compensation for
improvements made, where appropriate, is made by the City or a
third party.
F. Division 7 - SubdivisionslPlats
1.
Section 4-701 (0)
Added requirements for applications for minor lot adjustments as
Page 36 of 45
~ .' ..' " .. \., ,. '". I. '. . ~ . . . , ,.' ." " ., " :
I" .
Y .;
(p.4-44)
well as procedures for approval and recordation.
G. Division 8 - Traffic Impact Studies
1.
Section 4-80 1 (B)
(p. 4-50)
Revised to require a traffic impact study for any development
which may degrade the acceptable Level of Service for any
roadway as adopted in the Comprehensive Plan instead of basing
on 140 trips or more per day.
2.
Section 4-802(A)
(p.4-51)
Revised to require an analysis of the proposed development to
determine if the proposed development will degrade the roadway
below the acceptable Level of Service.
3.
Section 4-802(0)
(p. 4-52)
Deleted subsection.
4.
Section 4-803(0)
(p. 4-53)
Deleted specific policy references and replaced with general
reference to the transportation and capital improvement elements
of the comprehensive plan.
5.
Section 4-803(E)
(p. 4-53)
Revised to require traffic impact study to evaluate the same
issues the city requires to be evaluated.
H. Division 9 - Concurrency
1.
Section 4-901(B)
Deleted subsection (12).
I. Division 11 - Landscaping Plan
1.
Section 4-1101
(p. 4-58)
Revised triggers for compliance with landscaping provisions to
apply to any new use or change of use, or any improvement
exceeding 25% of the value of the principal structure or if a
parking lot requires additional landscaping. Deleted landscaping
trigger requiring compliance for any development located within
a designated scenic corridor. Eliminated exception for the
Tourist and Downtown Districts.
J. Division 12 - Tree Removal Permit
1.
Section 4-1201
Added palm to permit required section. Deleted "regardless of
Page 37 of 45
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2.
3.
4.
5.
6.
7.
8.
<,J-.:
. ,
(pp. 4-60 - 4-61)
Section 4-1202(A)(1) -
(p. 4-60)
Section 4-1202(A)(B)-
(p. 4-60)
Section 4-1202(A)(2) -
(p. 4-60)
Section 4-1202(A)( 4) -
(p.4-61)
Section 4-1202(A)(5)-
(p. 4-61)
Section 4-1202(B)
(p.4-61)
Section 4-1205
(p.4-61)
size" and clarified that hazardous trees include diseased and
falling trees, trees in close proximity to structures or those that
interference with utility services.
Renumbered from (A) to (1). Deleted requirement that the site
plan specify tree preservation methods for preserving remaining
trees.
Eliminated this provision because it is essentially the same as
4-1202(1).
Added deleted provision from section (1) regarding methods for
tree preservation.
Added requirement that a copy of a Level One or Level
Two approval be submitted as part of a tree removal permit
application.
Added requirement that justification of tree removal be
submitted as part of the tree removal permit application.
Added section regarding submission requirements for tree
removal permits for single-family and two-family properties.
Made editorial corrections.
K. Division 13 - Land Clearing and Grubbing
1.
2.
3.
4.
Section 4-1301
(p.4-61)
Section 4-1302(A)
(p. 4-62)
Section 4-1303(C)
(po 4-62)
Section 4-1303(D)
(p. 4-63)
Exempted sites with a demolition permit not tied to new
construction or redevelopment project.
Made editorial correction in beginning paragraph. Added
requirement that a tree survey is a submission requirement.
Replaced subsection (8) with a provision requiring the
submission of a no tree statement, or tree removal permit
required or tree removal permit not required.
Made editorial correction.
Deleted provisions regarding the use of light machinery in the
vicinity of protected trees. No such machinery should be
permitted in protected areas.
Page 38 of 45
5.
Section 4-1303(E)
(p. 4-63)
Added to criteria for issuance of land clearing and grubbing
permit whether the applicant has provided the required soil
erosion and sedimentation control.
L. Division 14 - Transfer of Development Rights
1.
2.
3.
Section 4-1402
(p.4-63)
Permitted no more than 20% of the development rights of a
previously developed site to be transferred. Also restricted the
amount of density and/or intensity that a site can receive.
Section 4-1403(D)",- -
(p.4-65)
Prohibited the transfer of any development rights to or from
Low Density Residential or Low Medium Density Residential
zoned property.
Section 4-1403(E)
(p. 4-65)
Revised transfer of development rights one mile radius
restriction. Changed to permit transfers from property on the
barrier islands to be received by property only located on the
barrier islands. Transfers from property on the mainland are
restricted to receiving properties on the mainland.
M. Division 16 - Unity of Title Declaration
1.
2.
Division 16.
(p. 4-70)
Added "Section 160]" and gave title to section.
Section 1601 (C)
(p. 4-70)
Revised to require a Level 1 or Level 2 approval in order to
have a unity of title for two or more lots which are separated by a
public right-of-way] 00 feet or less in width.
ARTICLE 6 - NONCONFORMITY PROVISIONS
2.
3.
1.
Section 6-1 03(E)
(p. 6-2)
Added exception that nonconforming owner-occupied single-
family dwelling unit may be reconstructed.
Section 6-106(A)
(p. 6-4)
Deleted "redevelopment" code and added "development."
Section 6-106(B)
(p. 6-4)
Revised to permit development of a residential lot of record
as a Level One standard development provided all requirements
are met and as a Level One (flexible standard) if development
standards can not be met.
Page 39 of 45
..
4.
Section 6-1 09(B)
(p. 6-5)
Added new provision permitting residential and transient units
with nonconforming density to be reconstructed at the same
density provided all development code requirements are met.
5.
Section 6-109(C)
(pp. 6-5 - 6-6)
Re-lettered (B) to (C) and added provision that permits
comprehensive landscaping and comprehensive sign programs to
meet requirements when terminating a nonconforming use.
ARTICLE 7 - ENFORCEMENT PROCEEDINGS AND PENALTIES
1. General Amendment -
(pp. 7-1 -7-11)
Throughout the entire Article, Code Enforcement Board was
changed to Municipal Code Entorcement Board.
2. Section 7-101
(p. 7-1)
Changed "development" code enforcement board to "municipal"
code enforcement board.
3. Section 7-102(A)
(pp. 7-1 -7-2)
Revised notification procedures pursuant to Florida Statutes
for non-nuisance cases and required postings in nuisance cases.
Deleted subsection (3).
4. Section 7-102(B)
(p. 7-2)
Revised contents of notice ofviolation with regard to costs for
which the violator may be liable. Revised procedures when
violation continues beyond the required correction date.
5. Section 7-102(0)
(p.7-2)
Added new section regarding changes of ownership prior to a
hearing.
6. Section 7-1 02(E)
(p. 7-3)
Re-lettered (D) to (E) and deleted two year time period and
eliminated specific amount of time for conducting the hearing.
7. Section 7-1 02(F)
(p. 7-3)
Re-lettered (E) to (F).
8. Section 7-102(G)
(pp. 7-3 - 7-4)
Re-lettered (F) to (G) and added procedures for presenting
nUIsance cases.
9. Section 7-103(A)
(p. 7-6)
Added provisions for the municipal code enforcement board or
the special master to impose fines in excess of what the code
currently permits.
10. Section 7-103(0)
(p. 7-7)
Added to entry and repair section for nuisances that the City can
take remedial action in the event an appeal is filed but is denied.
Page 40 of 45
II. Section 7-103(E)
(p. 7-7)
12. Section 7-103(F)
(p. 7-8)
13. Section 7-103(G)
(p. 7-9)
..
Added that the agreements to abate nuisances are in addition to
the entry and repair provision.
Editorial revisions.
Added provision requiring a written notice to be issued prior to a
notice to appear.
ARTICLE 8 - DEFINITIONS AND RULES OF CONSTRUCTION
The following definitions were amended.
1.
2.
3.
4.
5.
6.
7.
8.
9.
Abandoned Bldg.
(p. 8-2)
Revised definition to include lack of maintenance, permits,
active utilities and evidence of abandonment.
Accessory structure
(p. 8-3)
Added clarification that an accessory structure is detached from
the principal building. Deleted first graphic following the
definition.
Artisan
(p. 8-6)
Added definition of artisan so the use can be permitted in the C
District.
Cali per
(p. 8-7)
Revised definition of caliper as follows: "The measurement of
young or nursery trees and measured 6" from the ground on trees
up to and including 4" in caliper and 12" above the ground for
larger trees.
Cemeteries
(p. 8-8)
Added definition of cemetery because it is a permitted use in the I
District.
Clinic, medical
(p. 8-8)
Deleted definition because new definition is proposed but under
"medical. "
Convenience retail
(p.8-10)
Deleted definition of convenience retail.
Density
(p.8-11)
Revised definition of density to be consistent with the County-
wide Rules.
Development Order
(p.8-12)
Added definition of development order because the term was
added in Article 4.
Page 41 of 45
;~ ; " 1..1 I \ I, ,.t.,',. ~'Il \ \ ~,'f" '"I t" .\,. ., ':" I~t \ ~...,.' ,'. :,', ;.;.;..' ~ II f
It
10. Diameter Breast
Height (DBH)
(p.8-12)
11. Existing manufactured-
home park or subdivision
(p. 8-14)
12. Expansion to an
existing manufactured
home park/subdivision
(p.8-15)
13. Floor area ratio
(p. 8-14)
14. Height, sign
(p.8-16)
15. Inoperative
(p. 8-17)
16. Light assembly -
(p. 8-18)
17. Manufactured home -
& Man. home park
(p. 8-19)
18. Medical clinic
(p. 8-20)
19. New manufactured
home park or subdivision
(p. 8-22)
20. No tree removal permit-
(p. 8-22)
21. Non-residentially
zoned property
(p. 8-23)
22. Non-residential
Parking
(p. 8-23)
Changed measurement from 4' to 4 112' to be consistent with
industry standards.
Deleted definition of existing manufactured home park or
subdivision because the term is not used in the Code.
Deleted definition of expansion to an existing manufactured
home park or subdivision because it is not used in the Code.
Corrected typographical error - changed "ration" to ratio.
Deleted this definition in order to move it to sign, height.
Added definition of inoperative to assist in property maintenance
enforcement.
Added definition of light assembly because it was added as a
permitted use in the C District.
Deleted both definitions because the terms are not used in the
Code.
Added new definition - replaced clinic, medical.
Deleted definition of new manufactured home park or
subdivision because the terms are not used in the Code.
Deleted (Article 4 Division 12) from definition.
Deleted Mobile Home Park because it is considered a residential
property.
Added definition. because it is a permitted use in several districts.
Page 42 of 45
.
23. Nursing home
(p. 8-23)
24. Opaque
(p. 8-24)
25. Overnight
Accommodations
(p. 8-24)
26. Parks and recreation
Facilities
(p. 8-25)
27. Portable storage units.
(p. 8-26)
28. Problematic Uses
(p. 8-26)
29. Prohibited tree
(p. 8-27)
30. Protected Tree
(p. 8-27)
31. Public recreation
(p. 8-27)
32. Repeat violation
(pp. 8-28 - 8 - 29)
33. Residential infill
(p. 8.29)
34. Residential use
(p. 8-29)
35. Residentially zoned
property
(p. 8-29)
36. Retail sales/services -
(p. 8-29)
Increased the number of beds equivalent to one dwelling unit
from 2.5 to 3.0.
Added definition for use with the fence regulations.
Revised to be consistent with Countywide Rules.
Added definition because it is a permitted use in most of the
zoning districts.
Added definition because such units are proposed to be regulated
as temporary uses.
Expanded definition to include day labor, tattoo parlors, and
body piercing."
Added Chinese Tallow as a prohibited tree.
Changed "caliper" to "DBB."
Deleted - changed this to "parks and recreation facilities."
Revised definition.
Deleted "economically" from definition.
Added "and where rented or leased is rented or leased for no less
than 31 days" to be consistent with Countywide Rules.
Added Mobile Home Park to definition to recognize that it is a
residential use of property.
Deleted medical clinics and added artisans to definition. Also
added that the purpose of the use is to sale or "lease" goods, etc.
Page 43 of 45
..
37. Right-of-way
(p. 8-30)
Deleted the second definition of right-of-way and incorporated it
into the first definition.
38. Setback
(p. 8-31)
Added "required" horizontal distance and deleted "or in the event
of a right-of-way line is interior to the property line, the setback
is the horizontal distance between the right-of-way line and the
structure. Deleted the illustration of this definition because it is
incorrect.
39. Shopping center
(p.8-31)
Deleted definition because term is not used in the code.
40. Sign
(p.8-31)
Added statement that a sign is visible from an abutting property,
public right-of-way, or visible from a body of water.
41. Sign, bulletin board -
(p. 8-32)
Deleted definition because it is not specifically addressed in the
Code.
42. Sign, directional
(p. 8-33)
Added to definition that directional signs are "pennanent" signs.
43. Sign, directory/
information
(p. 8-33)
Deleted definition because it is not specifically addressed in the
Code. Deleted the graphic that illustrated the sign.
44. Sign, height
(p. 8-33)
Added definition.
45. Sign, monument
(p. 8-34)
Added definition of monument signs because it was added as a
permitted type of signs.
46. Signs, vehicle
(p. 8-35)
Added to definition that" The vehicle or trailer is parked in a
location prominently visible from a street right-of-way when
there are other, less prominently visible parking spaces available
on the site."
47. Temporary retail
(p. 8-40)
Revised definition by eliminating sales that "exist independent of
the permanent or principal use of property."
48. TV radio studios
(p. 8-40)
Added definition because tv/radio studio is a permitted use in
several districts.
49. Vehicle
(p. 8-41)
Deleted "bicycle" from definition of vehicle.
Page 44 of 45
.~~;
~
i
<
;.< '"
~. .: : '., :
SO. Vehicle service, Added definition because it is a new use proposed in the C
limited District.
" (p. 8-41)
51. Vehicle sales/display, - Added definition because it is a new use proposed in the D and T
limited Districts.
(p. 8-41)
52. Vehicle, inoperative Clarified definition so it applies to vehicles designed to be
(p. 8-42) operated on the street.
53. Violation of itinerant or- Added definition to enable citations to be given to illegal
i transient nature temporary uses.
(p. 8-42)
. . 54. Vehicle sales/displays - Added boats not exceeding 20' in length to this definition.
'..
(p. 8-41)
55. Violation of itinerant - Added definition of violation of itinerant or transient nature.
(pp. 8-41 - 8-42)
Page 45 of 45
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o.
To:
Michael Roberto, City Manager If
Ralph Stone, Director ofPlanr/lf3
From:
Date:
May 25, 2000
RE:
Additional Amendments to the Community Development Code
Subsequent to the City Commission Special Workshop on May 2, 2000 on the proposed
amendments to the Community Development Code, several issues have surfaced which need to be
addressed.
First, staff is recommending that the Commission defer action on the 30 day rental amendments
(transient accommodations) so that staff can work with area condominium associations, Board of
Realtors, Apartment Association and the Pinellas Planning Council (Section 3-917, p. 3-50;
Section 8-102, Overnight Accommodations, p. 8-24 and Residential Use, p. 8-29).
Staff is also recommending that the Commission consider adding eight additional amendments to
Ordinance No. 6526-00 at the time of first reading on June 1st. Please find below the proposed
amendments along with the code section where the changes would occur.
1. RETAIL SALES AND SERVICES IN THE INSTITUTIONAL DISTRICT
Eliminate proposed change to Section 2-1203(M), Retail sales and services in the
Institutional District (p. 2-156) to ensure consistency with the Countywide Rules. This
change would maintain the current code which allows retail only as an accessory use in
the Institutional District.
2. SOCIAL AND COMMUNITY CENTERS AND SOCIAL/PUBLIC SERVICE
AGENCIES
Add social and community centers and social/public service agencies as new flexible
development uses in Section 2-1204, Institutional District (pp. 2-157 - 2-158) as follows:
. ,. "~'.l.o'''' ~ :. .......;-...r.f:..V. ~ ';':A .~ ~~,~~";\'~l~:J'~, .', 'I . .':" ,':>.,1':, ,\', (.U ,,'-. ''\I~/.
Section 2-1204. Flexible development.
Table 2-1204. "I" District flexible Development
Use Min. Min. Min. Max. Min.
Lot Lot Setbacks Height Off-Street
Area Width (ft.) (ft.) Parking
(5 . ft. ft.
Front Side Rear
Social anq 20.000 100 15- -25 10 15- - 20 30 4 -5 per
community 1000 GFA
centers
Social/public 10.000 100 15.. -25 10 15- -20 30 2- -3 per
servIce 1 OOOGF A
a enCles 20.000
Add the following flexibility criteria and re-Ietter remaining subsection (p. 2-159).
Section 2-1204(B) Social And Community Centers.
1. The parcel proposed for development does not abut any property designated as
residential in the Zoning Atlas.
2. Front Setback. The reduction in front setback results in an improved site plan or
improved design and appearance.
3. Side and rear setback. The reduction in side and/or rear setback is necessary to
preserve protected trees and/or results in an improved site plan or more efficient
design and appearance and results in landscaping in excess of the minimum
required.
Section 2-1204( C) Social/Public Service Agencies.
1. The parcel proposed for development does not abut any property designated as
residential in the Zoning Atlas.
2. The social/public service agency shall not be located within a 1.500 feet of another
social/public service agency.
3. Front Setback. The reduction in front setback results in an improved site plan or
improved design and appearance.
2
4. Side and rear setback. The reduction in side and/or rear setback is necessary to
preserve protected trees and/or results in an improved site plan or more efficient
design and appearance and results in landscaping in excess of the minimum
required.
Add social/public service agencies in the Commercial District as a flexible development
use in Table 2-704 (pp. 2-66 - 2-68) as follows:
Table 2-704. "e" District Flexible Development Standards
Use Min. Min. Max. Min. Min. Min. Min.
Lot Area Lot Height Front Side Rear Oa:'Street
(sq. ft.) Width (ft.) (ft.) (ft.) (ft.) Parking
(ft.)
5,000-10,000 50--100 25- -50 15- - 25 0-10 10 --20 3- -4 per 1.000
GFA
(2) SociaVpublic service agencies shall not exceed 5 acres.
Add flexibility criteria for social/public service agencies to Section 2-704 and re-Ietter
remaining sections (p. 2-79).
Section 2-704(P) Social/Public Service Agencies.
1. Lot area and lot width: The reduction in lot area and lot width will not result in a
building which is out of scale with existing buildings in the immediate vicinity of
the parcel proposed for development.
2. Front setback: The reduction in front setback results in an imp-roved site plan or
improved appearance and landscaped areas are in excess of the minimum required.
3. 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; and
b. The reduction in side and rear setback results in an improved site plan.
more efficient parking or improved design and appearance and landscaped
areas are in excess of the minimum required.
3
Add social/public service agencies in the Downtown District as a flexible development
use in Table 2-903 (pp. 2-114 - 2-115) as follows:
Table 2-903. "D" District Flexible Development Standards
Use
SociaVpublic service
a enCles
Max. Hei
30-100
Min. Off-Street Parkin
3 - -4 spaces per 1000 GF A
Add flexibility criteria for social/public service agencies to Section 2-903 and re-Ietter
remaining section (p. 2-123).
Section 2-903(N) Social/public service agencies.
1. Height:
a. The parcel proposed for development is located to the west of Myrtle. south of Drew
and north of Court:
b. The increased height results in an improved site plan and/or improved design and
appearance:
2. All street frontage is designed and used for customer service purposes or is designeq
and/or screened to contribute to an active urban street environment;
3. O(f-street parking:
a. The physical characteristics of a proposed building are such that the likely uses of the
property will require fewer parking spaces per floor area than otherwise required or
the physical context. including adjacent buildings and uses are such that there is a high
probability that gatrons will use modes of transportation other than the automobile to
access the use~
b. Adequate parking is available on a shared basis as determined by all existing land uses
within LOOO feet of the parcel p-roposed for development. or parking is available
through any existing or planned and committed parking facilities or the shared parking
formula in Article 3. Division 1.1;
4. The design of all buildings complies with th~ Downtown District design guidelines in
pivision 5 of Article 3.
, , . . \ ." I ,t' .' t . '1, ..':; . j .', '\ . ~. I . . . ' . , " .' .,' '", _ . '. . , ' . .'.'"
Add sociaVpublic service agencies in the Industrial, Research and Technology District
in Table 2-1304 (p. 2-168) as follows:
Table 2-1304. IIIR TII District Flexible Development
Uses Min. Min. Min. Max. Min.
Lot Lot Setbacks Height Off-Street
Area Width (ft.) (ft.) Parking
(sq. ft.) (ft.)
Front Side/Rear
SociaVpublic 10.000 100 20 12 30 3/1. 000 SF
servIce GFA
a~encies(5)
(5) Social/public service agencies shall not exceed 5 acres.
Add flexibility criteria for social/public service agencies to Section 2-1304 and re-Ietter
remaining section (p. 2-171).
Section 2-1304(H) Social/public service agencies.
1. The parcel proposed for development is not contiguous to a parcel of land which is
designated as residential in the Zoning Atlas.
Add the following definitions of social and community center and social/public service
agency to Section 8-102 (p. 8-36):
Social and community center means an association organized and operated on a nonprofit basis
for persons who are bonafide dues paying members established for fraternaL social, educational
recreational or cultural enrichment of its members. Food, meals, and beverages may be served
on premIse.
Social/public service agency means a nonprofit organization whose primary purpose is to
enhance the social welfare and improve the living conditions of society. Such uses include but
are not limited to food pantries, counseling centers. rehabilitation clinics. etc. This does not
include residential uses such as community residential homes. halfway houses, residential
shelters. etc.
5
3. PORTABLE STORAGE UNITS
Revise Section 3-2103 by adding a limit of 4 times a year that a portable storage unit is
permitted on a property (p. 3-123):
Portable storage units
96 hours (not more than 4 times per
year) unless associated with permitted
construction. Refer to Sections 3-
2103(B)(3) and 2103(C)(2) for
additional requirements.
Al! districts
Add the following dimensional provisions to portable storage unit regulations - Section
3-2103(B)(3) (p. 3-1.24) :
Portable storage units, not exceeding 8 feet in length, 8 feet in width. and 16 feet in length,
may be permitted on a site with an active building permit for the storage of items from the
site. The portable storage unit may remain on the site for the length of the active permit.
Portable storage units shall comply with the following provisions:
Add two new subsections to Section 3-2103(B)(3) regarding storm safety and
enforcement as follows (p. 3-124):
h. If the National Weather Advisory Service or other qualified weather advisory service
identifies weather conditions which are predicted to include winds of75 mph or greater.
all portable storage units shall be removed from all properties and placed in am~roved
storage locations at least twenty-four (24) hours prior to the predicted onset of such winds
or as soon as reasonably practical ifless notice is provided. This requirement may be
modified by the Building Official upon receipt of adequate documentation from a
registered architect or engineer or other p-rofessional qualified to give such opinion that a
greater wind loading pertain to a particular portable storage unit model or manufacturer so
that the portable storage unit is unlikely to be moved by winds greater than the predicted
winds. As an alternative to removaL the portable storage vendor may submit a tie down
proposal for approval by the Building Official and each portable storage unit not removed
shall be tied down in the approved manner.
1. Any portable storage unit which is not removed at the end of the time for which it may
lawfully remain in place, or immediately upon the direction of a code enforcement officer
for removal of such temporary structure for safety reasons, may be removedJ2Y- the City
immediately. without notice, and the cost of such remova1.J9gether with the cost of
administration of its removal. may be assessed against the property on which the
temporal)' structure was located and may be filed as a lien against sllch property by the
~ity Clerk.
6
Add new provision regarding duration for portable storage units to Section 3-
1203(C)(2) as follows (p. 3-125):
2. Portable storage units for a period not exceeding 96 hours no more than four (4) times a
year. A sticker shall be affixed to the unit indicating the date on which it is delivered to
the property. One sign face, no more than twelve (12) square feet in area, shall be
permitted on a portable storage unit. The removal provisions of Section 3-21 03 (B)(3)(i)
. above shall also apply.
4. ACCESSORY STRUCTURES
Add the following provision to increase the accessory strllcture height through the staff
approval process in Section 3-201(B)(8) (p.3-12):
8. No accessory stnlcture shall exceed fifteen (15) feet in height in any residential zoning
district and no more than the allowable height for the principal use in any nonresidential
zoning district. Such structures may be permitted up to twenty (20) feet in height in the
residential zoning districts if approved through a Level One (flexible standard
development) approval process.
5. TRANSFER OF DEVELOPMENT RIGHTS
To provide guidance for the review of transfer of development rights, the following site
plan and compatibility standards are proposed to be added to Section 4-1403(A) (p. 4-
(3). This criteria will form the basis of the staff's review and tbe Community
Development Board's decision on whether to approve or deny a transfer of development
rights application.
7
A. Any development right which has been transferred may be used in the development of
another parcel ofland in the city if approved by the community development board as a
level two approval in accordance with the applicable standards of the district and this
section and the following criteria:
I. The development of the parcel proposed for development will not reduce the fair
market value of abutting properties;
2. The uses within the proiect are othenvise permitted in the City of Clearwater;
3. The uses or mix ofuses within the project are compatible with adjacent land use~
4. The development of the parcel proposed for development will upgrade the
immediate vicinity of the parcel proposed for development~ and
. ..... I, ...., . ^, . I' .: ','. '\. .' ':'" \,"',."< ,\'. ' ~ I . \ \ , " . ,_, I. " '. I
Marinas/marina facilities
30
up-ace per 2 slips
..
5. The design of the proposed proiect creates a form and function which enhances the
community character of the immediate vicinity of the parcel proposed for
development and the City of Clearwater as a whole.
6. MARINAS/MARINA FACILITIES
Currently, marinas are not allowed in the Downtown even though this use would
contribute to the desired urban people-oriented downtown ambience. Therefore, staff
recommends adding marinas/marina facilities to Table 2-903 as a permitted flexible
development use in the Downtown District as follows (p. 2-114 - 2-115):
Table 2-903. "D" Flexible Development Standards
Use
Max. Height (ft.)
Min. Off-Street Parking
Add a new subsection to Section 2-903 as follows and re-Ietter remaining subsections
(p.2-119):
Section 2-903(IV Marinas and marina facilities.
1. The parcel proposed development is not located in areas identified in the
Comprehensive Plan as areas of environmental significance including:
a. The north end of Clearwater Beach:
b. Clearwater Harbor grass beds: .
c. Cooper's Point:
d. Clearwater Harbor spoil islands:
e. Sand Key Park:
f. The southern edge of Alligator Lake.
8
.
2.
No commercial activities other than the mooring of boats on a rental basis shall be
permitted on any parcel of land which is contiguous to a parcel of land which is
designated as residential in the Zoning Atlas, unless the marina facilities are totally
screened from view from the contiguous land which is designated as residential and
the hours of operation of the commercial activities are limited to the time period
between sunrise and sunset:
3 . The design of all buildings complies with the Downtown District design guidelines
in Division 5 of Article 3.
6. SIGNS
To clarify that temporary sign covers are not allowed, add the following provision to
Section 3-1803, Prohibited Signs (p. 3-94).
Z. Temporary sign covers typically known as toaster covers. sign boots. or sign socks.
7. APPLICATIONS FOR DEVELOPMENT APPROVAL
To clarify that the review of elevations is a critical component of a residential infill or
comprehensive infill redevelopment projects, add a new subsection to Section 4-
202(A)(9) as follows (p. 4-5):
1. Elevation drawings where the applicant is seeking approval of a residential infill proiect,
unless waived by the Community Development Coordinator.
Add a new subsection to Section 4-202(A)(11) as follows (p.4-7):
x. Elevation drawings where the applicant is seeking approval of a residential infill proiect or
a comprehensive infill redevelopment project. unless waived by the Community
Development Coordinator.
Add the following to Section 4-202(A)(12)(23) (p. 4- 8):
23. In the event the application involves development where design standards are an issue,
such as in the Tourist and Downtown Districts, or where the applicant is seeking approval
of a Residential Infill Proiect or Comprehensive Infill Redevelopment Proiect.
Comprehensive Sign Program or Comprehensive Landscaping Plan, the applicant shall
submit proposed elevation drawings~nless waived by the Community Development
Coordinator.
9
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To:
Michael Roberto7 City Manager
.-'] ~?)--_.-
Ralph Stone, Director ofPlanning'~ :./-
From:
Date:
May 31,2000
RE:
Additional Amendments to the Community Development Code
Subsequent to the City Commission Special Workshop on May 2nd and the Workshop on May 30,
2000 on the proposed amendments to the Community Development Code, several issues have
surfaced which need to be addressed.
First, staff is recommending that the Commission defer action on the 30 day rental amendments
(transient accommodations) so that staff can work with area condominium associations, Board of
Realtors, Apartment Association and the Pinellas Planning Council (Section 3-917, p. 3-50;
Section 8-102, Overnight Accommodations, p. 8-24 and Residential Use, p. 8-29).
At the May 30lh workshop, the Commission directed staff to prepare alternative language on the
following issues for consideration at the time of first reading of Ordinance No. 6526-00 on June
1st,
I, SETBACKS FOR PARKING LOTS
Add a footnote to the flexible standard development tables in the Commertial, Office,
and Industrial, Research, and Technology Districts (Tables 2-703, 2-1003, and 2-1303)
and in the flexible development table in the Industrial, Research, and Technology
District (Table 2-1304) that allows the front setback to be reduced to fifteen (15) feet for
parking lots p.'ovided the reduction results in an improved site plan or improved design
and appearance and lands~aping ill excess of the minimum required and the land area
is not sufficient to accommodate the full setback requirement.
2, PORTABLE STORAGE UNITS
Reduce the amount of signage allowed for portable storage units in Sections 3-
2103(B)(3)(f) and 3-2103(C)(2) from twelve square feet to 12" x 18".
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Reduce amount of time portable stol.age units may be located on a property from 96
hours to 48 hours with no additional provisions for portable storage units when
associated with an active building permit.
3. FENCE REQUIREl\'IENTS
Eliminate the regulations requiring new swimming pools to be completely enclosed with
a four feet high fence in Section 3-807(A) and re-Ietter remaining subsections.
Eliminate added language to Section 3-904(B) regarding required fences around
swimming pools.
4. TELECOMMUNICATION TOWERS
Revise proposed language in Section 3-2001(D)(4)(a) to allow telecommunication towers
up to 25 feet of additional height if the need for additional towers would be eliminated.
5. TEMPORARY YARD SIGNS
Increase the duration of temporary signs during a one year period on residential
properties from 60 days to 90 days.
Clarify that the total number of days a temporary yard sign may be erected during a
one year period shall not exceed either 60 or 90 days (based on Commission direction
above).
As presented at the May 30th Workshop, staff is also recommending that the Commission consider
adding eight additional amendments to Ordinance No. 6526-00 at the time of first reading on June
1 st. Please find below the proposed amendments along with the code section where the changes
would occur.
6. RETAIL SALES AND SERVICES IN THE INSTITUTIONAL DISTRICT
Elinlinate proposed change to Section 2-1203(M), Retail sales and services in the
Institutional District (p. 2-156) to ensure consistency with the Countywide Rules. This
change would maintain the current code which allows retail only as an accessory use in
the Institutional District.
2
7. SOCIAL AND COMMUNITY CENTERS AND SOCIALIPUBLIC SERVICE
AGENCIES
Add social and community centers and social/public service agencies as new flexible
development uses in Section 2-1204, Institutional District (pp. 2-157 - 2-158) as follows:
Section 2-1204. Flexible development.
Table 2-1204. "I" District Flexible Development
Use
Min. Min. Max. Min.
Lot Setbacks Height Off-Street
Width (ft.) (ft.) Parking
ft.
Front Side Rear
20.000 100 1S.--25 10 15- - 20 30 4 -5 per
1000 GFA
1 0.000 100 15- -25 10 15- -20 30 2- -3 per
- 1 OOOGF A
-
20.000
Social and
community
centers
Social/public
seIVlce
a enCles
Add the following flexibility criteria and re-Ietter remaining subsection (p. 2-159).
Section 2-1204(B) Social And Community Centers.
1 . The parcel proposed for development does not abut any property designated as
residential in the Zoning Atlas.
2. Front Setback. The reduction in front setback results in a.n improved site plan or
improved design and appearance.
3. Side and rear setback. The reduction in side and/or rear setback is necessary to
preserve protected trees and/or results in an improved site plan or more efficient
design and aP.ldearance and results in landscaping in excess of the minimum
required.
Section 2-1204(C) Social/Public Service Agencies.
1. The parcel proposed for development does not abut any property designated as
residential in the Zoning Atlas.
2. The social/public service agencv shall not be located within 1) 500 feet of another
social/public service agency.
3
3. Front Setback. The reduction in front setback results in an imp-roved site plan or
improved design and appearance.
4. Side and rear setback. The reduction in side and/or rear setback is necessary to
preserve protected trees and/or results in an improved site plan or more efficient
design and appearance and results in landscaping in excess of the minimum
required.
Add social/public selVicc agencies in tbe Commercial District as a flexible development
use in Table 2-704 (pp. 2-66 - 2-68) as follows:
Table 2-704. "e" District Flexible Development Standards
Use Min. Min. Max. Min. Min. Min. Min.
Lot Area Lot Height Front Side Rear Off-Street
(sq. ft.) Width (ft.) (ft.) (ft.) (ft.) Parking
(ft.)
5.000--10.000 50--100 25- -50 15- - 25 0-10 10 --20 3- -4 per 1.000
GFA
(2) SociaVpublic service agencies shall not exceed 5 acres.
Add flexibility criteria for social/public service agencies to Section 2-704 and re-Ietter
remaining sections (p. 2-79).
Section 2-704(J>) Social/Public Service Agencies.
1. The parcel proposed for development does not abut any property designated as residential
in the Zoning Atlas.
2. The social/public service agency shall not be located within a 1.500 feet of another
social/public service agency,
3. Lot area and lot width: The reduction in lot area and lot width will not result in a building
which is out of scale with existing buildings in the immediate vicinity of the parcel
proposed for development
4. Front setback: The reduction in front setback results in an improved site plan or improved
appearance and landscaped areas are in excess of the minimum required.
5. Side and real' setback:
4
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a. The reduction in side and rear setback does not prevent access to the rear of any
building by emergencv vehicles: and
b. The reduction in side and rear setback results in an improved site plan. more
efficient parking or improved design and appearance and landscaped areas are in
excess of the minimum required.
Add social/public service agencies in the Downtown District as a flexible development
use in Table 2-903 (pp. 2-114 - 2-115) as follows:
Table 2-903. liD" District Flexible Development Standards
Use
SociaVpublic service
a enCles
Max. Hei
30-100
Min. Off-Street Parkin
3 - -4 spaces per 1000 GF A
Add flexibility criteria for social/public service agencies to Section 2-903 and re-Ietter
remaining section (p. 2-123).
Section 2-903(N) Social/public service agencies.
1. Height:
a. The parcel proposed for development is located to the west of Myrtle. south of Drew
and north of Court:
b. The increased height results in an improved site plan and/or improved design and
appearance:
2. All street frontage is designed and used for customer service purposes or is designed
and/or screened to contribute to an active urban street environment;
3. Off-street parking:
a. The p-hysical characteristics of a proposed building are such that the likely uses of the
property will require fewer parking spaces per floor area than otherwise reguired or
the physical context. including adjacent buildings and uses are such that there is a high
probability that patrons will use modes of transportation other than the automobile to
access the use:
5
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b. Adequate parking is available on a shared basis as determined by all existing land uses
within 1.000 feet of the parcel proposed for development. or parking is available
through any existing or planned and committed parking facilities or the shared parking
formula in Article 3. Division 14:
4. The design of all buildings complies with the Downtown District design guidelines in
Division 5 of Article 3.
5. The parcel proposed for development does not abut any property designated as residential
in the Zoning Atlas.
6. The sociaVpublic service agency shall not be located within 1,500 feet of another
social/public service agency.
Add social/public service agencies in the Industrial, Research and Technology District
in Table 2-1304 (p. 2-168) as follows:
Table 2-1304. "IRT" District Flexible Development
Uses Min. Min. Max. Min.
Lot Setbacks Height Off-Street
Width (ft.) (ft.) Parking
ft.
Front Side/Rear
10.000 100 20 12 30 3/1.000 SF
GFA
(5) Social/public service agencies shall not exceed 5 acres.
Add flexibility criteria for social/public service agencies to Section 2-1304 and re-letter
remaining section (p. 2-171).
Section 2-1304(H) Social/public sen1ice agencies.
1. The parcel proposed for development is not contiguous to a parcel of land which is
designated as residential in the Zoning Atlas.
2. The social/public service agency shall not be located within 1.500 feet of another
social/public service agency.
6
Add the following definitions of social and community center and social/public service
agency to Section 8-102 (p. 8-36):
Social and community center means an association organized and operated on a nonprofit basis
for persons who are bonafide dues paying members established for fraternal. sociaL educational
recreational or cultural enrichment of its members. Food, meals. and beverages may be served
.
on prenuse.
Social/public service agency means a nonprofit organization whose primary purpose is to
enhance the social welfare and improve the living conditions of society. Such uses include but
are not limited to food pantries. counseling centers, rehabilitation clinics, etc. This does not
include residential uses such as community residential homes. halfway houses. residential
shelters, etc.
8. PORTABLE STORAGE UNITS
Revise Section 3-2103 by adding a limit of 4 times a year that a portable storage unit is
permitted on a property (p. 3-123):
Portable storage units
96 hours (not more than 4 times per
year) unless associated with permitted
construction. Refer to Sections 3-
2103(B)(3) and 2103(C)(2) for
additional re uirements.
All districts
Add the following dimensional provisions to portable storage unit regulations - Section
3-2103(B)(3) (p. 3-124) :
Portable storage units, not exceeding 8 feet in height, 8 feet in width, and 16 feet in length,
may be permitted on a site with an active building permit for the storage of items from the
site. The portable storage unit may remain on the site for the length of the active permit.
Portable storage units shall comply with the following provisions:
Add two new subsections to Section 3-2103(B)(3) regarding storm safety and
enforcement as follows (p. 3-124):
h. If the National Weather Advisory Service or other qualified weather advisory service
identifies weather conditions which are predicted to include winds of75 mph or greater~
all portable storage units shall be removed from all properties and placed in approved
storage locations at least twenty-four (24) hours prior to the predicted onset of such winds
or as soon as reasonably practical ifless notice is provided. This requirement may b~
modified by the Building Official upon receipt of adequate documentation from a.
7
registered architect or engineer or other professional qualified to give such opinion that a
greater wind loading pertain to a particular portable storage unit model or manufacturer so
that the portable storage unit is unlikely to be moved by winds greater than the predicted
winds. As an alternative to removal. the portable storage vendor may submit a tie down
proposal for approval by the Building Official and each portable storage unit not removed
shall be tied down in the approved manner.
1. Any portable storage unit which is not removed at the end of the time for which it may
lawfully remain in place. or immediately upon the direction of a code enforcement officer
for removal of such temporary structure for safety reasons. may be removed by the City
immediately. without notice. and the cost of such removal. together with the cost of
administration of its removal. may be assessed against the property on which the
temporary structure was located and may be filed as a lien against such property by the
City Clerk.
Add new provision regarding duration for portable storage units to Section 3-
1203(C)(2) as follows (p. 3-125):
.L Portable storage units for a period not exceeding 96 hours no more than four (4) times a
year. A sticker shall be affixed to the unit indicating the date on which it is delivered to
the property. One sign face, no more than twelve (12) square feet in area, shall be
permitted on a portable storage unit. The removal provisions of Section 3-2103(B)(3)(i)
above shall also ap~
9. ACCESSORY STRUCTURES
Add the following provision to increase the accessory structure height through the staff
approval process in Section 3-201(B)(8) (p.3-12):
8. No accessory structure shall exceed fifteen (15) feet in height in any residential zoning
district and no more than the allowable height for the principal use in any nonresidential
zoning district. Such structures may be permitted up to twenty (20) feet in height in the
residential zoning districts if approved through a Level One (flexible standard
development) approval process.
10. TRANSFER OF DEVELOPMENT RIGHTS
To provide guidance for the review of transfer of development rights, the following site
plan and compatibility standards are proposed to be added to Section 4-1403(A) (p. 4-
63). This criteria will form the basis of the staff's review and the Community
Development Board's decision on whether to approve or deny a transfer of development
rights application.
8
A. Any development right which has been transferred may be used in the development of
another parcel of land in the city if approved by the community development board as a
level two approval in accordance with the applicable standards of the district and this
section and the following criteria:
1. The development of the parcel proposed for development will not reduce the fair
~arket value of abutting properties:
2. The uses within the project are otherwise permitted in the City of Clealwater;
3. The uses or mix of uses within the project are compatible with adjacent land uses;.
4. The development of the parcel proposed for development will upgrade the
immediate vicinity of the parcel proposed for development; and
5. The design of the proposed project creates a form and fhnction which enhances the
community character of the immediate vicinity of the parcel proposed for
development and the City of Clearwater as a whole.
11. MARINAS/MARINA FACILITIES
Currently, marinas are not allowed in the Downtown even though this use would
contribute to the desired urban people-oriented downtown ambience. Therefore, staff
recommends adding marinas/marina facilities to Table 2-903 as a permitted flexible
development use in the Downtown District as follows (p. 2-114 - 2-115):
Table 2-903. "0" Flexible Development Standards
Use
Max. Height (ft.)
Min. Off-Street Parking
Marinas/marina facilities
30
1 space per 2 slips
Add a new subsection to Section 2-903 as follows and re-letter remaining subsections
(p. 2-119):
Section 2-903(H) Marinas and marina facilities.
1. The parcel proposed development is not located in areas identified in the
. Comprehensive Plan as areas of environmental significance including:
9
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a. The north end of Clearwater Beach:
b. Clearwater Harbor grass beds:
c. Cooper's Point:
d. Clearwater Harbor spoil islands:
e. Sand Key Park:
f The southern edge of Alligator Lake.
2. No commercial activities other than the mooring of boats on a rental basis shall be
permitted on any parcel of land which is contiguous to a parcel of land which is
designated as residential in the Zoning Atlas. unless the marina facilities are totally
screened from view from the contiguous land which is designated as residential and
the hours of op-eration of the commercial activities are limited to the time period
between sunrise and sunset:
3. The design of all buildings complies with the Downtown District design guidelines
in Division 5 of Article 3.
12. SIGNS
To clarify that temporary sign covers are 110t allowed, add the following provision to
Section 3-1803, Prohibited Signs (p. 3-94).
Z. Temporary sign covers typically known as toaster covers. sign boots. or sign socks.
13. APPLICATIONS FOR DEVELOPMENT APPROVAL
To clarify that the review of elevations is a critical component of a residential infill or
comprehensive infill redevelopment projects, add a new subsection to Section 4-
202(A)(9) as follows (p. 4-5):
1. Elevation drawings where the applicant is seeking approval of a residential infill project.
unless waived by the Community Development Coordinator.
Add a new subsection to Section 4-202(A)(11) as follows (p.4-7):
x. Elevation drawings where the applicant is seeking approval of a residential infill groiect or
a comprehensive infill redevelopment project. unless waived by the Community
Development Coordinator.
10
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Add the following to Section 4-202(A)(12)(23) (p. 4- 8):
23. In the event the application involves development where design standards are an issue,
such as in the Tourist and Downtown Districts, or where the applicant is seeking approval
ofa Residential Infill Proiect or Comprehensive Infill Redevelopment Proiect,
Comprehensive Sign Program or Comprehensive Landscaping Plan, the applicant shall
submit proposed elevation drawings. unless waived by the Community Development
Coordinator.
11
'1
ORDINANCE NO. 6526-00
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
MAKING COMPREHENSIVE AMENDMENTS TO THE COMMUNITY
DEVELOPMENT CODE; AMENDING ARTICLE 1, GENERAL
PROVISIONS; AMENDING ARTICLE 2, ZONING DISTRICTS, BY
MAKING CHANGES IN THE MINIMUM STANDARD, FLEXIBLE
STANDARD, AND FLEXIBLE DEVELOPMENT USES, DIMENSIONAL
STANDARDS, AND FLEXIBILITY CRITERIA; AMENDING ARTICLE 3,
DEVELOPMENT STANDARDS, BY MAKiNG COMPREHENSIVE
CHANGES TO DEVELOPMENT STANDARDS; AMENDING ARTICLE
4, DEVELOPMENT REVIEW AND OTHER PROCEDURES, BY
REVISING THE PROVISIONS REGARDING LEVEL 1, 2, AND 3
APPROVALS; AMENDING ARTICLE 6, NONCONFORMITY
PROVISIONS; AMENDING ARTICLE 7, ENFORCEMENT
PROCEEDINGS AND PENALTIES, TO CONFORM TO RECENT
STATUTORY CHANGES; AMENDING ARTICLE 8, DEFINITIONS AND
RULES OF CONSTRUCTION, BY REVISING, ADDING, AND
DELETING CERTAIN DEFINITIONS; REPEALING SECTION 28.10,
CODE OF ORDINANCES, REGARDING NEWSRACKS AND VENDING
MACHINES; REPEALING SECTIONS 52.08, 52.09. AND 52.10, CODE
OF ORDINANCES, REGARDING PROTECTIVE BARRIER
REQUIREMENTS AND PROTECTION DURING CONSTRUCTION
AQTiVJIIE$, PROPER TREE CARE, PROHIBITED TREE PRUNING,
AND TREE SERVICE COMPANIES; 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, since the effective date of the new Community Development Code, the City of
Clearwater has reviewed numerous development proposals in all the new zoning districts in all
parts of the City and which utilize Minimum, Standard, Flexible Standard, and Flexible levels of
review, and
WHEREAS, the City of Clearwater has conducted an in-depth review of the Community
Development Code and has identified development standards, procedures, zoning districts and the
allowable uses which need amendment to more fully implement the redevelopment intent of the
Code; and
WHEREAS, the Community Development Board, pursuant to its responsibilities as the
Local Planning Agency, has reviewed this amendment, conducted a public hearing and considered
all public testimony and has determined that this amendment is consistent with the City of
Clearwater's Comprehensive Plan; and
WHEREAS, the City Commission has fully considered the recommendations of the
Community Development Board and testimony submitted at its public hearing; now, therefore,
Ordinance No. 6526-00
!
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,
; Additional Information
. . .
t~ was provided with this
: . item (#9) .
See Official Records
Reports/Studies
note: this was Ordinance as it was at 1 st reading (rather than copy this, you may want to skip to item - 2nd
reading - 6/15/00 - #9)
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Por~able On, ~emand Sto'rage
June I, 2000
Mayor Aungst
Vice Mayor Johnson
Commissioner Hart
Commissioner Hooper
Commissioner Clark
City of Clearwater, Florida
Gentlemen:
We have reviewed the proposed Ordinance addressing portable storage units and offer the following
suggestions and requests for your consideration.
Signs: The proposed Ordinance limits the signage on portable units to one sign no more than twelve
square feet in area. Other cities in the area require signs on the units facing the street. Since we cannot
detennine in advance which side of the unit will be facing the street we need to have signs on both sides.
We are attempting to minimize the impact of the signs by converting all of our units to smaller "flip down"
signs, however this is a major financial undertaking for us and we request that we be allowed to accomplish
this conversion over time. The size of the sign area once the sign is "flipped" is 12" by 18" compared with
4' by 10' for our standard sign today. Some of our existing signs can be "flipped" but not all. We will be
retrofitting our fleet with smaller permanent signs of either 3 ~' by 8' (on our 16' unit) or 3' by 4' (on our
12' unit). These signs will be easier to flip to the smaller size for long-term storage.
Time Limit: The proposed Ordinance provides a 96-hour limit for loading or unloading a unit. We feel 96
hours is a minimum amount of time as it gives homeowners a convenient amount of time to pack and load
their belongings while maintaining their busy work and family schedule.
Commercial Storage: There is not provision in the Ordinance, that we can see, for use of portable units
for longer-term storage in non-residential areas. We believe that this is an important addition to your
Ordinance as many portable units are currently in use.
Residential On-site Storage During Construction and Redecoration: We believe the proposed
Ordinance allows a unit to be located on a residential property during an active construction period with
when a building permit has been issued. Many of our customers use PODS when they are increasing the
value of their property through redecoration. We ask that a provision be made to accommodate a
controlled period of time for this type of usage.
Thank you for your consideration and for the opportunity to present our concerns.
Sincerely,
(]lJ~~.
Peter S. Warhurst
President
PODS, Inc.
PODS, Inc.
6061 45th St. N.
St. Petersburg, FL 33714
www.putltinapod.com
poase and PODS" are service and trademarks of PODS, Inc.
1.888.776.PODS (7637)
Fax: (727) 520.0830
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Item #10
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Clearwater City Commission
Agenda Cover Memorandum
Worksession Item #:
R nal Agenda Item #
JO
Meeting Date: June 1, 2000
SUBJ ECT/RECOMMENDA TION:
land Use Plan amendment and Rezoning for property at 2750 Sunset Point Road (A portion of Lot 1
liThe Elks"); Owner: Elks of the USA, Clearwater lodge #1525.
MOTION: APPROVE a Land Use Plan Amendment from Institutional (I) to Residential/Office Limited
(RlOl), and a Zoning Atlas Amendment from Institutional (I) to Office (0) and PASS ordinances
6554-00 and 6555-00 (LUZOO-03-03) on first reading.
o and that the appropriate officials be authorized to execute same.
SUMMARY:
. The applicant is requesting a land Use Plan Amendment from Institutional (I) to
Residential/Office Limited (RlOl) and a zoning change from Institutional (I) to Office (0) on
approximately a .99 acre site located at 2750 Sunset Point Road.
. The site currently is vacant and used for overflow parking at the Elk's Lodge. The applicant is
proposing to develop an office building.
. The proposed land use amendment and rezoning is consistent with the Clearwater
Comprehensive Plan Future Land Use Objective 2.4 which states that "Compact urban
development within the urban service area shall be promoted through application of the
Clearwater Community Development Code", and policy 2.4.1 which states liThe development or
redevelopment of small parcels [less than (1) acre] which are currently receiving an adequate
Level-of-Service shall be specifically encouraged by administration of land development and
concurrency management regulatory systems as a method of promoting urban infill".
. Based on analysis of compatibility, the proposed land use amendment and rezoning is
compatible with the immediate, existing surrounding uses.
. The proposed amendment is consistent with the Countywide Plan and the purpose and
loeational characteristics of this category.
. There are sufficient public facilities to accommodate the proposed use that will not be adversely
degraded.
leliewed b~ )'"'i-t
Legal ~
Budget N/A
Purchasing N/A
Risk Mgmt N/A
Info Srvc
Public Works
DCM/ACM
Other
N/A
N/A
Originating Dept.:
Planning and Develop. Admi
User Dept.: 11 j) lo
Planning {)(1JI'---"
Attachments:
Staff Report
Ordinances
Costs
Funding S>urce:
CI
OP
Othe
r
&.Ibmitted by
City Manager
o None
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Agenda Cover Memorandum
Summary Sheet
L UZQO-03':'03
Page 2
. The proposed land use amendment and rezoning will not impact the natural environment.
. The proposed land use amendment and rezoning is consistent with the Community
Development Code and City Regulation requirements.
. The Community Development Board reviewed this application at its meeting (public hearing) on
May 16th, 2000.
. The land use plan amendment and rezoning is subject to the approval of the Pinellas Planning
Council and Board of County Commissioners acting as the County Planning Authority.
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ORDINANCE NO. 6554-00
(0
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
AMENDING THE FUTURE LAINO USE PLAN ELEMENT OF THE
COMPREHENSIVE PLAN OF THE CITY, TO CHANGE THE
LAND USE DESIGNATION FOR CERTAIN REAL PROPERTY
LOCATED ON THE NORTH SIDE OF SUNSET POINT ROAD,
APPROXIMATELY 200 FEET NORTH OF SUNSET POINT
ROAD AND 200 FEET WEST OF SOULE ROAD, CONSISTING
OF A PORTION OF LOT 1, THE ELKS, PLAT BOOK 95, PAGE
90, WHOSE POST OFFICE ADDRESS IS 2750 SUNSET POINT
ROAD, FROM INSTITUTIONAL TO RESIDENTIAUOFFICE
LIMITED; 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 COMMISSION 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
See attached Exhibit "A"
(LUZ 00-03-03
Land Use CateQorv
From: Institutional
To: Residential/Office Limited
Section 2. The City Commission 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 Administrator of
Planning and Development Services is authorized to transmit to the Pinellas County Planning
Council an application to amend the Countywide Plan in order to achieve consistency with the
Future Land Use Plan Element of the City's Comprehensive Plan as amended by this
ordinance.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Brian J. Aungst
Mayor-Commissioner
Attest:
Leslie K. Dougall-Si es
Assistant City Attorney
Cynthia E. Goudeau
City Clerk
Ordinance No. 6554-00
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LEGAL DESCRIPTION
PURCHASE PARCEL
A portion of Lot 1, according to the Plat of THE ELK'S as recorded in Plat Book 95, Page 90 of the
Public Records of Pine lIas County, Florida, lying within Section 5, Township 29 South, Range 16
East, Pinellas County, Florida, being more particularly described as follows:
Commence at the Southwest corner of said Lot 1; thence along the South line of said Lot 1,
S 89027'24" E for 836.31 feet; thence N 00032'36" E along the Lot line of said Lot 1 for 200.00 feet;
thence S 89027'24" E along the Lot line of said Lot 1 for 112.29 feet to the POINT' OF
BEGINNING; thence N 06038'54" W for 63.85 feet to a point of intersection with the existing
Easterly line of a 24.00 foot wide lngress/Egress Easement as recorded in the aforementioned Plat;
thence along said existing Easterly line of IngresslEgress Easement for the following two (2)
courses; (1) N 20059'08" E for 21.39 feet; (2) N 06038'54" W for 182.54 feet; thence S 89041'44" E
for 169.26 feet; thence along the East line of said Lot 1 for the following four (4) courses: (1)
S 12036'14" E for 83.06 feet; (2) S 00018'16" W for 64.44 feet to the beginning of a curve concave
Northwesterly; (3) Southwesterly along the arc of said curve, having a radius of 1 00.00 feet and a
chord bearing of S 29026'54" W and a chord length of 97.40 feet, through a central angle of
58017'14", for 101.73 feet to the end of said curve; (4) S 31024'06" E for 40.79 feet; thence
N 89027'24" W along the Lot line of said Lot 1 for 139.55 feet to the POINT OF BEGINNING.
Containing 0.99 acres (43,005 square feet), more or less.
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EXHIBIT "A"
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PROPOSED REZONING AND LAND USE PLAN AMEND~IENT
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Ordinance No. 6554-00
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ORDINANCE NO. 6555-00
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AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
AMENDING THE ZONING ATLAS OF THE CITY BY REZONING
CERTAIN PROPERTY LOCATED ON THE NORTH SIDE OF
SUNSET POINT ROAD, APPROXIMATELY 200 FEET NORTH OF
SUNSET POINT ROAD AND 200 FEET WEST OF SOULE ROAD,
CONSISTING OF A PORTION OF LOT 1, THE ELKS, PLAT
BOOK 95, PAGE 90, WHOSE POST OFFICE ADDRESS IS 2750
SUNSET POINT ROAD, FROM INSTITUTIONAL (I) TO OFFICE
(0); 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 COMMISSION 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
See Exhibit "A" attached hereto
(LUZ 00-0303)
ZoninQ District
From: Institutional (I)
To: Office (0)
Section 2. The Planning and Development Services Administrator 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 6554-00 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 9163.3189, Florida Statutes.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Brian J. Aungst
Mayor-Commissioner
Approved as to form:
Attest:
Cynthia E. Goudeau
City Clerk
Leslie K. Dougall-Sides
Assistant City Attorney
Ordinance No. 6555-00
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ORDINANCE NO. 6523-00
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AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
ANNEXING CERTAIN REAL PROPERTY LOCATED 1,800 FEET
WEST OF THE INTERSECTION OF BELCHER ROAD AND
MONTCLAIR ROAD, CONSISTING OF NORTH 673 FEET OF
EAST 690 FEET OF SOUTHEAST 1/4 OF NORTHEAST 1/4 LESS
ROAD ON NORTH, SECTION 1, TOWNSHIP 29 SOUTH, RANGE
15 EAST, WHOSE POST OFFICE ADDRESS IS 2155
MONTCLAIR ROAD, INTO THE CORPORATE LIMITS OF THE
CITY, AND REDEFINING THE BOUNDARY LINES OF THE CITY
TO INCLUDE SAID ADDITION; PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the 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 COMMISSION 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:
Ordinance No. 6523-00
See Exhibit "B" attached hereto.
(ANX 00-02-02)
Section 2. The provisions of this ordinance are found and determined to be consistent
with the City of Clearwater Comprehensive Plan. The City Commission 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 and Development Services Administrator 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
April 20, 2000
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Brian J. Aungst
Mayor-Commissioner
Attest:
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Leslie K. Dougall-Sides
Assistant City Attorney
Cynthia E. Goudeau
City Clerk
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The Northeast one-quarter of the Southeast one-quarter of the Northeast one-quarter of Section
1, Township 29 South, Range 15 East, together with the East 17.41 feet of the Northwest one-
quarter of the Southeast one-quarter of the Northeast one-quarter of Section 1, Township 29
South, Range 15 East, Pinellas County, Florida.
Ordinance No. 6523-00
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Ordinance ~o. 6523-00
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ORDINANCE NO. 6524-00
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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 RE;AL PROPERTY LOCATED 1,800
FEET WEST OF THE INTERSECTION OF BELCHER ROAD AND
MONTCLAIR ROAD CONSISTING OF NORTH 673 FEET OF
EAST 690 FEET OF SOUTHEAST 1/4 OF NORTHEAST 1/4 LESS
ROAD ON NORTH, SECTION 1, TOWNSHIP 29 SOUTH, RANGE
15 EAST, WHOSE POST OFFICE ADDRESS IS 2155
MONTCLAIR ROAD, UPON ANNEXATION INTO THE CITY OF
CLEARWATER, AS RESIDENTIAL URBAN (UPLAND AREA) &
PRESERVATION (WETLAND AREA); 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 COMMISSION 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 Exhibit "A" attached hereto
(ANX 00-02-02)
Land Use CateQorv
Residential Urban (Upland Area)
& Preservation (Wetland Area)
Section 2. The City Commission 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. 6523-00, and 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 9 163.3189, Florida Statutes.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
April 20, 2000
Brian J. Aungst
Mayor-Commissioner
Attest:
Leslie K. Dougall-Sid
Assistant City Attorney
Cynthia E. Goudeau
City Clerk
Ordinance No. 6524-00
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The Northeast one-quarter of the Southeast one-quarter of the
Northeast one-quarter of Section 1, Township 29 South, Range 15
East, together with the East 17.4 ~ feet of the Northwest one-quarter
of the Southeast one-quarter of. the Northeast one-quarter of
Section 1, Township 29 South, Range 15 East, Pinellas County,
Florida.
Ordinance No. 6524-00
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VILLAG E
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ORDINANCE NO. 6525-00
13
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
AMENDING THE ZONING ATLAS OF THE CITY BY ZONING
CERTAIN REAL PROPERTY LOCATED 1,800 FEET WEST OF
THE INTERSECTION OF BELCHER ROAD AND MONTCLAIR
ROAD, CONSISTING OF NORTH 673 FEET OF EAST 690 FEET
OF SOUTHEAST 1/4 OF NORTHEAST 1/4 LESS ROAD ON
NORTH, SECTION 1, TOWNSHIP 29 SOUTH, RANGE 15 EAST,
WHOSE POST OFFICE ADDRESS IS 2155 MONTCLAIR ROAD,
UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS
MEDIUM DENSITY RESIDENTIAL (MDR) (UPLAND AREA) AND
PRESERVATION (P) (WETLAND AREA); 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 COMMISSION 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 Exhibit "A" attached hereto
Zoning District
Medium Density Residential (MDR)
(Upland area) and
Preservation (P) (Wetland Area)
(ANX 00-02-02)
Section 2. The Planning and Development Services Administrator 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. 6523-00.
PASSED ON FIRST READING
April 20, 2000
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Brian J. Aungst
Mayor-Commissioner
Approved as to form:
Attest:
Leslie K. Dougall-Sides
Assistant City Attorney
Cynthia E. Goudeau
City Clerk
Ordinance No. 6525-00
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Exhibit "A"
The Northeast one-quarter of the Southeast one-quarter of the Northeast one..quarter of Section
1, Township 29 South, Range 15 East, together with the East 17.41 feet of the Northwest one-
quarter of the Southeast one-quarter of the Northeast one-quarter of Section 1, Township 29
South, Range 15 East, Pinellas County, Florida.
Ordinance No. 6525.00
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PROPOSED ANNEXATION AND ZONING CLASSIFICATION
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Ordinance No. 6525-00
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ORDINANCE NO. 6531-00
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AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, VACATING THE 40 FOOT RIGHT-OF-WAY OF
BAY AVENUE LYING NORTH OF SADLER STREET AND
SOUTH OF JEFFORDS STREET SUBJECT TO A UTILITY
EASEMENT; PROVIDING AN EFFECTIVE DATE.
WHEREAS, Morton Plant Mease Health Care, owner of real property located in
the City of Clearwater, has requested that the City vacate the right-of-way depicted in
Exhibit A attached hereto; and
WHEREAS, the City Commission finds that said right-at-way is not necessary for
municipal use and it is deemed to be to the best interest of the City and the general public
that the same be vacated; now, therefore,
BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF CLEARWATER, FLORID.A.:
Section 1. The following:
The 40-foot right-of-way of Bay Avenue lying North ot Sadler Street and
South of Jeffords Street, which can be found in the Plat of Bluff View Court,
as recorded in Plat Book 1, Page 69, Public Records of Pinellas County,
Florida,
is hereby vacated, closed and released, and the City of Clearwater releases all of its right,
title and interest thereto, subject to the City of Clearwater retaining a utility easement over
all water lines in the vacated right-of-way.
Section 2. The City Clerk shall record this ordinance in the public records of
Pinellas County, Florida, following adoption.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
May 18, 2000
Section 3. This ordinance shall take effect immediately upon adoption.
Brian J. Aungst
Mayor-Commissioner
Approved~ ~:
~~ -
ohrfCarassas
Assistant City Attorney
Attest:
=
Cynthia E. Goudeau
City Clerk
Ordinance No. 6531-00
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CITY OF CLEARWATER. FLORIDA
PUBLIC WORKS ADMINISTRATION
ENGINEERING
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ORDINANCE NO. 6536-00
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AN ORDINANCE OF THE CllY OF CLEARWATER, FLORIDA.
. ANNEXING CERTAIN REAL PROPERlY LOCATED ON THE
EAST SIDE OF BROOKSI DE DRIVE, APPROXIMATELY 500
FEET NORTH OF LAKEVIEW.ROAD, CONSISTING OF M & B
22101 IN SECTION 24, TOWNSHIP 29 SOUTH, RANGE 15 EAST,
WHOSE POST OFFICE ADDRESS IS 1243 BROOKSIDE DRIVE.
INTO THE CORPORATE LIMITS OF THE CITY, AND
REDEFINING THE BOUNDARY LINES OF THE CITY TO
INCLUDE SAID ADDITION; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the 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 COMMISSION OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. The following-described property is. hereby annexed into the City of Clearwater
and the boundary lines of the City are redefined accordingly:
See Exhibit "B" attached hereto
(ANX 00-02-03)
Section 2. The provisions of this ordinance are found and determined to be consistent
with the City of Clearwater Comprehensive Plan. The City Commission 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 and Development Services Administrator 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
May 18, 2000
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Brian J. Aungst
Mayor-Commissioner
Approved as to form:
Attest:
" ,.::'~.' "'7 .J
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Leslie K. Dougall-Side
Assistant City Attorney
Cynthia E. Goudeau
City Clerk
Ordinance No. 6536rOO
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ROAD
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PROPOSED ANNEXATION AND ZONING CLASSIFICATION
OWNER:
Dorothy M Scott
1243 Brookside Drive
Cl eorowo t er, Fl.
Ca~~_-6.NX 00-02-.03
PROPERTY-PESCRIPTIQN:
M&B 22/01
FROM:
TO:
LAND USE PLAN
Residen tiol Low & Preservation
Residential Low & Preservation
ZONING
R-j
LDR & P
PROPERTY SIZE ACRES:
0.375
COMMUNITY DEVELOPMENT BOARD: Aprii i8.
20GO
---I
I CITY COMl\IISSION: May lE, 2000
Right-of-way Size Acres:
SEe: 24 TWP: 295
RANGE: 15E
ATLAS PAGE:308A
AOO-03.dwo
Preoorelj bv: EA- PubliC Works Aaministration
Exhibit flAil
Ordinance No. 6536-00
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EXHIBIT "8"
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That part of the Northwest quarter of the Northwest quarter of Section 24, Township 29 South,
Range 15 East, described as follows: From the Southeast comer of the Northwest Quarter of the
Northwest quarter of said Section 24, run thence N 89009'02" VV, along the 40-acre line, 483.39
feet; thence N 0012'45" W, along the Easterly line of Brookside Drive as shown on the Plat of Lake
lela Manor First Addition as recorded in Plat Book 38, Page 7, Public Records of Pinel/as County,
Florida, 541.0 feet for the Point of Beginning; thence continue N 0012'45" W, 96.14 feet; thence S
89015'28" E, 170.0 feet; thence S 0012'45" E, 96.46 feet; thence N 89009'02" W, 170.0 feet to the
Point of Beginning.
Ordinance No. 6536-00
I" I . \. ,'. I" J' "," <' "..',f ~ , . ~; ,~ ",' I r \./~ ,/ /
r;)V\~ (( .
ORDINANCE NO. 6537-00
IG
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 REA.L PROPERTY LOCATED ON THE
EAST SIDE OF BROOKSIDE DRIVE, APPROXIMATELY 500
FEET NORTH OF LAKEVIEW ROAD, CONSISTING OF M & B
22101 IN SECTION 24, TOWNSHIP 29 SOUTH, RANGE 15 EAST,
WHOSE POST OFFICE ADDRESS IS 1243 BROOKSIDE DRIVE,
UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS
RESIDENTIAL LOW (UPLAND AREA) & PRESERVATION
(WETLAND AREA); 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 COMMISSION OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. The future land use plan element of the comprehensive plan of the City of
Clearwater is amended by designating the land use category for the hereinafter described
property, upon annexation into the City of Clearwater, as follows:
Property
See attached Exhibit "A"
(ANX 00-02-03)
Land Use Category
Residential Low (Upland Area)
and Preservation (Wetland Area)
Section 2. The City Commission 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. 6536-00, and 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 9 163.3189, Florida Statutes.
PASSED ON FIRST READING
May 18, 2000
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Brian J. Aungst
Mayor-Commissioner
Approved as to form:
\ /,
'k
Leslie K. Dougall-Sid
Assistant City Attorney
Attest:
Cynthia E. Goudeau
City Clerk
Ordinance No. 6537-00
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EXHIBIT "A"
{~
That part of the Northwest quarter of the Northwest quarter of
Section 24. Township 29 South, Range 15 East, described as
follows: From the Southeast comer of the Northwest Quarter of the
Northwest quarter of said Section 24, run thence N 89009'02" W,
along the 40-acre line, 483.39 feet; thence N 0012'45" W. along the
Easterly line of Brookside Drive as shown on the Plat of Lake Lela
Manor First Addition as recorded in Plat Book 38. Page 7, Public
Records of Pine lias County. Florida, 541.0 feet for the Point of
Beginning; thence continue N 0012'45" W, 96.14 feet; thence 5
89015'28" E, 170.0 feet; thence S 0012'45" E, 96.46 feet; thence N
89009'02" W, 170.0 feet to the Point of Beginning.
Ordinance No. 6537-00
IG,
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PLUMB
ROAD
FROM:
TO:
LAND USE PLAN
Resido:n ticl Low 3: Preservation
ReSidential Low & Preser'io\icn
ZONING
R-,3
LDR & P
AND
I Case:
I
I
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L
I PROPERTY SIZE ACRES:
I
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I CITY COr.fJ\.IISSION: May la, 2COO
ZONING CLASSIFICA TION
PROPOSED ANNEXATION
OWNER:
Do rot h y ~v1. S c: 0 t t
1243 Brookside Dri'/e
Clecrc'.'Icter, Fl.
Ai'-L'-< 00-02-03
PROPERJ'Y DESCRIPTION:
NI&B 22/0'1
0.375
ATLAS PAGE:308.~
Right-of-way Size Acres:
SEe: 24 TWP: 29S
RANGE:
I ~.-
2.c:.
COMMUNITY DEVELOPMENT BOARD: April 18. 2GOO
;',00 - 03. d 'NO
Pre8cr<::d b'( U..- PubliC 'N')r~3 Acrnini3trcticn
Ordinance No. 6537-00
~'c'\c\ R.
ORDINANCE NO. 6538-00
1,/
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
AMENDING THE ZONING ATLAS OF THE CITY BY ZONING
CERTAIN REAL PROPERTY LOCATED ON THE EAST SIDE OF
BROOKSIDE DRIVE, APPROXJMA TEL Y 500 FEET NORTH OF
LAKEVIEW ROAD, CONSISTING OF M & 8 22/01 IN SECTION 24
TOWNSHIP 29 SOUTH, RANGE 15 EAST, WHOSE POST
OFFICE ADDRESS IS 1243 BROOKSIDE DRIVE, UPON
ANNEXATION INTO THE CITY OF CLEARWATER, AS LOW
DENSITY RESIDENTIAL (LOR) AND PRESERVATION (P);
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 COMMISSION 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 Exhibit "A" attached hereto
(ANX 00-02-03)
Zoning District
Low Density Residential (LOR) and
Preservation (P)
Section 2. The Planning and Development Services Administrator 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. 6536-00.
PASSED ON FIRST READING
May 18, 2000
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Brian J. Aungst
Mayor-Commissioner
Approved as to form:
Attest:
? "'~r/
<. 9"<.
Leslie K. Dougall-Sid
Assistant City Attorney
Cynthia E. Goudeau
City Clerk
Ordinance No. 6538-00
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EXHIBIT "A"
f7
That part of the Northwest quarter of the Northwest quarter of Section 24, Township 29 South,
Range 15 East, described as follows: From the Southeast comer of the Northwest Quarter of the
Northwest quarter of said Section 24, run thence N 89009'02" W, along the 40-acre line, 483.39
feet; thence N 0012'45" W, along the Easterly line of Brookside Drive as shown on the Plat of Lake
lela Manor First Addition as recorded in Plat Book 38, Page 7, Public Records of Pinellas County,
Florida, 541.0 feet for the Point of Beginning; thence continue N 0012'45" W, 96.14 feet; thence S
89015'28" E, 170.0 feet; thence S 0012'45" E, 96.46 feet; thence N 89009'02" W, 170.0 feet to the
Point of Beginning.
Ordinance No. 6538-00
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LA~D USE PLAN
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AND
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~ght-of-way Size Acres:
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ZONING CLASSIFICA lION
PROPOSED ANNEXATION
OWNER:
Dc rot h y ~/l. S c c t t
1243 cr'coksioe Dri',-e
Clecr'::Noter, Fl.
PROPERTY DESCR IPTION:
~..1 &: B 2 2 .I 0 1
FROM:
TO:
Residen tiel Lcw & Preser'/cticn
Residential L'J'II ~r. PresEr'lGticn
0.375
ATLAS PAGE:3C3,;:'"
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.1-"-"
TWP:
295
RANGE:
1 ~-
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COMMUNITY DEVELOPMENT BOARD: April 18. 2COO
.~.GO- 0.3. d'NO
Preccrerj bot Er\- F ..Jblic W':r~:3 r\,f.'i1inistra\iQn
Ordinance No. 6538-00
d YldR.
ORDINANCE NO. 6539-00
18
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
ANNEXING CERTAIN REAL PROPERTY LOCATED ON THE
EAST SIDE OF COUNTRY LANE EAST, APPROXIMATELY 400
FEET SOUTH OF STATE ROAD 590, CONSISTING OF lOT 7,
COUNTRY LANE SUBDIVISION, WHOSE POST OFFICE
ADDRESS IS 1513 COUNTRY LANE EAST, 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.
WHEREAS, 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 COMMISSION 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 7, Country Lane Subdivision as recorded in Plat Book 43, Page 65, Public
Records of Pinellas County, Florida
(ANX 00-02-04)
Section 2. The provisions of this ordinance are found and determined to be consistent
with the City of Clearwater Comprehensive Plan. The City Commission 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 and Development Services Administrator 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
May 18. 2000
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Brian J. Aungst
Mayor-Commissioner
Approved as to form:
~
Leslie K. Dougall-Sides
Assistant City Attorney
Attest:
Cynthia E. Goudeau
City Clerk
Ordinance No. 6539.00
'" ' '-.' . t,: I: ~ ,- ,'I '.1/ .. I' \ '", ,t' ,1 ~.I ',' . " ' ' ~"., ,,,.. . , . .. ~,. \
d\'\J R.
ORDINANCE NO. 6540-00
19
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
AMENDING THE FUTURE LAND USE PLAN ELEMENT OF THE
COMPREHENSIVE PLAN OF THE CITY, TO DESIGNATE THE
LAND USE FOR CERTAIN REAL PROPERTY LOCATED ON THE
EAST SIDE OF COUNTRY LANE EAST, APPROXIMATELY 400
FEET SOUTH OF STATE ROAD 590, CONSISTING OF LOT 7,
COUNTRY LANE SUBDIVISION. WHOSE POST OFFICE
ADDRESS IS 1513 COUNTRY LANE EAST, UPON ANNEXATION
INTO THE CITY OF CLEARWATER, AS RESIDENTIAL LOW;
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 COMMISSION 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 7, Country Lane Subdivision, as recorded in Plat Book 43,
Page 65, Public Records of Pinellas County, Florida.
(ANX 00-02-04)
Land Use CateQorv
Residential Low
Section 2. The City Commission 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. 6539-00, and subject to the approval of the land
use designation by the Pine lias 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.
PASSED ON FIRST READING
May 18, 2000
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Brian J. Aungst
Mayor-Commissioner
/7f_
Leslie K. Dougall-Sid s
Assistant City Attorney
Attest:
Cynthia E. Goudeau
City Clerk
Ordinance No. 6540-00
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OWNER:
FROM:
TO:
Lois ~/I, CU'J ie
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LAND USE PLA~
ZONING
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0.314
L~!OR
ATLAS PAGE:273B
COMMUNITY DEVELOPMENT BOARD: ~.pr'l 13,
:cr:'J
'::',00-04 cwo
Pr>:par~d ':if EA- ?ubii,: 'Ncrf,S Ao-inini:;trolicn
Ordinance No. 6540-00
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;;2/)
ORDINANCE NO. 6541-00
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
AMENDING THE ZONING ATLAS OF THE CITY BY ZONING
CERTAIN REAL PROPERTY LOCATED ON THE EAST SIDE OF
COUNTRY LANE EAST, APPROXIMATELY 400 FEET SOUTH OF
STATE ROAD 590, CONSISTING OF LOT 7, COUNTRY LANE
SUBDIVISION, WHOSE POST OFFICE ADDRESS IS 1513
COUNTRY LANE EAST, UPON ANNEXATION INTO THE CITY
OF CLEARWATER, AS LOW MEDIUM DENSITY RESIDENTIAL
(LMDR); PROVIDING AN EFFECTIVE DATE.
WHEREAS, the assignment of a zoning district classification as set forth in this ordinance
is found to be reasonable, proper and appropriate, and is consistent with the City's comprehensive
plan; now, therefore,
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. The following described property located in Pine lias 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 7, Country Lane Subdivision, Plat Book 43,
Page 65, Public Records of Pinellas County, FL
(ANX 00-02-04)
Zoninq District
Low Medium Density Residential (LMDR)
Section 2. The Planning and Development Services Administrator 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. 6539-00.
PASSED ON FIRST READING
May 18, 2000
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Brian J. Aungst
Mayor-Commissioner
Approved as to form:
Attest:
Cynthia E. Goudeau
City Clerk
eslie K. Dougall-Sid s
Assistant City Attorney
Ordinance No. 6541-00
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C'I"'II _I "I ~.I IJ"'I ~l
OWNER:
PROPOSED ANNEXATION AND ZONING
I Case:
I
CLASSIFICA TION
Lois ~,iI. Cuol::::
.:.~.:'(
. " ,;\
C:G-02-0~~
15'1.3 Ccu'Itry Lcr.e
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I PROPERTY DESCRIPTION:
! L Q t 7, I.::: cur. t r :1 '- ,:; il :; Sub rj i '/ i S ion
CI~orwater, Fi,
LAND USE PLAN
FROM:
TO:
R esiden ticl Ls '.'I
Residt;n tiel LC'N
ZONING
R-3
'-MeR
i PROPERTY SIZE ACRES:
I
I Right-of-way Size Acres:
I SEC: 8
I
,
I
I CITY COMMISSION: fAoj 18, 2C'}J
0.314
ATLAS PAGE:2738
TWP: 29:3
RANGE:
16E
COMMUNITY DEVELOPMENT BOARD: ,April 18,200')
AOO-04. dwa
:;rev::r.:d Of E~- Public Wcrl.s ,~(rminis:raticn
Ordinance No. 6541
dhdR.
ORDINANCE NO. 6542-00
;21
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
ANNEXING CERTAIN REAL PROPERTY LOCATED ON THE
WEST SIDE OF STOCKTON DRIVE, APPROXIMATELY 150
FEET SOUTH OF CLAIRE DRIVE, CONSISTING OF LOT 9,
BLOCK C, STEVENSON'S HEIGHTS, TOGETHER WITH
ABUTTING RIGHT-Of-WAY, WHOSE POST OFFICE ADDRESS
!S 1224 STOCKTON DRIVE, INTO THE CORPORATE LIMITS OF
THE CITY, AND REDEFINING THE BOUNDARY LINES OF THE
CITY TO INCLUDE SAID ADDITION; PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the 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 COMMISSION OF THE CITY OF
CLEARVVA TER, 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 Nine (9), Block "C", Stevenson's Heights, according to map or plat thereof as
recorded in Plat Book 34, Page 13, Public Records of Pinellas County, Florida,
together with abutting right-of-way.
(ANX 00-02-05)
Section 2. The provisions of this ordinance are found and determined to be consistent
with the City of Clearwater Comprehensive Plan. The City Commission 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 and Development Services Administrator 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
May 18, 2000
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Brian J. Aungst
Mayor-Commissioner
Attest:
Leslie K. DOLlgall-Sides
Assistant City Attorney
Cynthia E. Goudeau
City Clerk
Ordinance No. 6542-00
. \' ~ '1,\\1 t r' , " ^ '. . ' ,I, \ t /I~ \ ',"" ~.~ . _ ......,. I,~'" \.,' "_ ~ : '"".~ ", ,\,,",',", f'
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PROPOSED ANNEXA lION AND ZONING CLASSIFICA TION
OWNER:
ADDRESS:
Rose ~,;1 Jorden
':'~'l\: CiO-O=:-O::,
& Bev'=rly D .Jordan Case:
122.1 StccHr-:;n
ClelJnvClt,:,r, FI,
C' r i ',I e
LeI. r. '""'ln~I'-" r. -, ~-""'r-'- u-'IOl-,.~
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~ROPER. TY DESCRIPTJON:
.~AND USE PLAN
ZONINCi
R-3
LMDR
FROM:
TO:
r:esideP t iil! IJ)'N
Res;d'2n~ial Low
ATLAS PAGE:.2696
0.342
10
RANGE: 1 =,[
COMMUNITY DEVELOPMENT BOARD: Apfll 18, 200U
CITY COMMISSION: May 18. 2GD(J
p"OO- 05, dw,]
Preporerj rj'{: EA- PUDlic W'Jrks AQ'1iinistrotlGn
Exhibit "A"
Ordinance No. 6542-00
. " " ",-' , .-- " ,.' "... ,... I'., .~' " ",r, -_, ./.. J'I' , . .~,. \',$ !'1~: ,', ~\...
~nJ~.
ORDINANCE NO. 6543-00
~;;;z
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 REA,L PROPERTY LOCATED ON THE
WEST SIDE OF STOCKTON DRIVE, APPROXIMATELY 150
FEET SOUTH OF CLAIRE DRIVE. CONSISTING OF LOT 9,
BLOCK C, STEVENSON'S HEIGHTS, WHOSE POST OFFICE
ADDRESS IS 1224 STOCKTON DRIVE, UPON ANNEXATION
INTO THE CITY OF CLEARWATER, AS RESIDENTIAL LOW;
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 COMMISSION 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 9, Block "C", Stevenson's Heights, according to map or
Plat thereof. recorded in Plat Book 34, Page 13, Public
Records of Pinellas County. Florida
(ANX 00-02-05)
land Use Category
Residential Low
Section 2. The City Commission 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. 6542-00, and 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 9 163.3189, Florida Statutes.
PASSED ON FIRST READING
May 18, 2000
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Brian J. Aungst
Mayor-Commissioner
Attest:
-
Cynthia E. Goudeau
City Clerk
Ordinance No. 6543.00
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(1949)
PHILLIP JONES
PROPOSED ANNEXA lION AND ZONING CLASSIFICATION
OWNER:
ADDRESS:
Rose 1,,1
,Jerden
r'<r Pp\/crl',
....... -.. - J
C ri-Ie
o Jo"-den I Cas e:
I
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FRO~I:
TO:
Residen ti,)1 Low
Residc:nticl LO'Ii
ZONING
R-3
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_I..J\. -t w~_,,\__, _l_'_~J ,_ 1_,-, ._
PROPERTY DESCR.IPTION:
C 1 e IJ r wet .? r ,F!.
.LAND USE PLAN
PROPERTY SIZE ACRES:
0.342
10
RANGE:
.c:.,,..-
I.....t.
ATLAS PAGE:2696
COMMUNITY DEVELOPMENT BOARD: Apr;i Ie. 2CCO
Right-or-way Size Acres:
SEC: 10 lWP: 29 S
CITY COM M ISSIO N: May 18, 20CO
,~oo- 05, dWG
rrec (If ~rj t. ,( EA- Public 'Norks ;'arninistrGtion
Ordinance No. 6543-00
dnclt\.
ORDINANCE NO. 6544-00
~
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
STOCKTON DRIVE, APPROXIMATELY 150 FEET SOUTH OF
CLAIRE DRIVE, CONSISTING OF LOT 9, BLOCK C,
STEVENSON'S HEIGHTS, WHOSE POST OFFICE ADDRESS IS
1224 STOCKTON DRIVE, 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 COMMISSION OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. The following described property located in Pine lias 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 9, Block "c" , Stevenson's Heights, according to map
or plat recorded in Plat Book 34, Page 13, Public Records
Of Pine lias County, Florida
(ANX 00-02-05)
Zonina District
Low Medium Density Residential
(LMDR)
Section 2. The Planning and Development Services Administrator 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. 6542-00.
PASSED ON FIRST READING
May 18, 2000
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Brian J. Aungst
Mayor-Commissioner
Approved as to form:
Attest:
Cynthia E. Goudeau
City Clerk
Ordinance No. 6544-00
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1./13 I
PROPOSED ANNEXATION AND ZONING CLASSIFICA lION
OWNER: R8St~ ~,l. ,JarGon :;, 8f":v.:o.rl.., D I--r'~cn I Case: ,~\i\ !=;C-C'2-r~I:,
'-,. - '.; 'I \.,; \.1 '.".1
I
ADDRESS: 1!")~ Stccktcn r- ' !
L' r: 'Ie PROPERTY DESCRIPTION:
Ci eCi '/I a t ~r I ::'1 I ,
1 I, I Le. t I "" ~ ell: ': ~\ I: t ~ t ~'/~S:Jr'. H-;""h-.-
~ I t:: I l-j I,.)
LAND USE PLAN ZONING !
FROM: Re5iden :,ial Lf)VI f\-) ! PROPERTY SIZE ACRES: 0.342
TO: r; esid<:n t iai Lt)w LMCF i
! Right-of-way Size A ere s: 10
-
ATLAS PAGE:2596 I SEe: 1n TWP: "'-'r.,'" RANGE: 1~"'"
. -i ..... -..~
.:....,1 _ .....L...
-- --- -
I
COMMUNITY DEVELOPMENT BOAID: '\ptl 13, 2CGO I CITY COMMISSION: May 13, 20GO
;',00- 05, d'tlc]
Pr~cl)r.:;tj a'l E ~- P:Jc,:,r: Works Ac.'1l:nistrotion
Ordinance No. 6544-00
.';" .',.; '" '
'I, '
, '
u:,:I.Y!" .~ !.~" '.
Item #24
/03S
'. I. I .~",' ,.' '~"~ \1\'" .-n,. ".\1', ,~: i ,\,. . ,-,C, ,"', ,:'. ".. I' " ',.' I,," '.' <I\:-' . J " ',~ :" _ ",' '. ','
~V\~ r\ .
ORDINANCE NO. 6545-00
dLj
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
ANNEXING CERTAIN REAL PROPERTY LOCATED ON THE
EAST SIDE OF BELCHER ROAD, APPROXIMATELY 250 FEET
SOUTH OF NURSERY ROAD,. CONSISTING OF M & B 33/07
AND 33/05, OF SECTION 19, TOWNSHIP 29 SOUTH, RANGE 16
EAST, WHOSE POST OFFICE ADDRESS IS 1545 SOUTH
BELCHER ROAD, INTO THE CORPORATE LIMITS OF THE
CITY, AND REDEFINING THE BOUNDARY LINES OF THE CITY
TO INCLUDE SAID ADDITION; PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the 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 COMMISSION OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. The following-described property is hereby annexed into the City of Clearwater
and the boundary lines of the City are redefined accordingly:
See Exhibit B attached hereto
(ANX 00-03-06) .
Section 2. The provisions of this ordinance are found and determined to be consistent
with the City of Clearwater Comprehensive Plan. The City Commission 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 and Development Services Administrator 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
May 18, 2000
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Brian J. Aungst
Mayor-Commissioner
A~r ,ve.d as to form:
J '~ ~
",l" , -'
Leslie K. Dougall-SideS
Assistant City Attorney
Attest:
Cynthia E. Goudeau
City Clerk
Ordinance No. 6545-00
',t .
EXH!BIT t5.
F^RCEtJ I
J\ P C\ r eel 0 f 1 a. n din l: h e So I,J t h 'J( e :3 t :t 11 0 f: t; 11 e Sou t 11 ...... e 5 ~ 1/1 c f
Sse tic n 19, 'r 0 '-In s hip 2 9 SOU t h I ?- an 9 9 1 6 ,;:; C'\ s t , fur \; h ca 1.' U e S C l' i bed
an ~ollo'""s:
C01ICMHlC~ a.t the North.....est. co::ner of the South.....est::. 1/4 of the
Southwest 1/1. of Section 19, 'Io'..rnship 29 South, Range 16 East
i\1'\d rw\ S:>uth 00 d~g. 01' 4111 East along l:.he Weet line of ~he
Southwest: 1/1 of the Sout:.h.....est 1/4 of said Section 19, 'ro''''nship
29 South, Range 16 East 3 3 feet:.l thence South 89 deg. 09' 04"
East pnrallel to the 40 acre line and along the South right of
~'ay line of Nursery Road 290.00 feet; thence continue South 00
deg. 01'41" East 207.00 feet for a Point of Beginning; thence
continue South 00 deg. 01'41" East 144.00 feet, chance North 89
deg. 09'04" Heat 230.00 feet to a poinl: on the East right of way
lina of Belcher Road; thence North 00 deg. 01'41" West a.long
said right:. of way line 14.4.00 feet: thence South B9 deg. 09'04"
Ea.st 230.00 feet to l:hl!! Point ~f Beginning, all lying and baing
in Pinellas County, Florida. Les~ road right of WilY.
...
~ld a parcel of land described as follows:
FJ:om the Northwest corner of the Sout:h.....est 1/4 of ths Southwest
1/4 of Section 19, Township 29 South, Range 16 East, run South'
00 deg.' 01'41" Ea.st, along the Wast line of, saidSeetiol\ 19,
384.00 feet; then<:e South 89 deg. 09'01" East.:., 50.00 feet \;0 the
East right of way line of Belcher Road for a Point of Deginning,
.thence South 89 deg. 09'04" East, 433.00 feet; thence Sou~h 00
deg. 01'4.1" Ea.st, lG2.2Ci; thance north sa deg. 53'4211 Hest,
433.0~ feet to the East right-of-way line of Belcher Road;
chance North 00 deg. 01'41" West, 160.2S fee\::. \;0 the Poin\; r;f
Beginning, Less and Excep~ that part thereof conveyed to
Cleal~ater Oaks Bank by Deed dated March 13, 1975 and filed
March 21, 1975 in O.R. Book 4271, Page 896, as follows:
From the Northwest. corner of the Southwest 1/4 of the South.....es'=.
1/4 of said Section 19, To....-nship 29 South, Range 16 East, run . ._'
thence South 00 deg. 01' 4111 Eas t along the Section line 40.00 _
fee t ; the nee Sou t h 8 9 de g. 0 9 ' 0 4 II E a s t par a 11 ~ 1 I: 0 t..Fi e :- fO.:':. a.c r a ~ r::"\
l~ne 50.00 feet to the intersection .with the East. '~1:ight~ ~'f :w~y .-'_ \\ r l',,~,,\~~ .
IJ. ne 0 f Be lc her Road 1 thene e Sou I:h e 9 ,:,deg. 09' 04": ~.~~ t.:: pa:::al '1:et:- I " \
to the 40 aCl:e line 230 feet, C\long\:.he ~out.h righ~-o-f.-ut'o/~Y 1tn': :1 L. .
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de g. 0 l' 4 1" Sa s t:. , 5 0 5 . 2 9 fee l.:. : t hen c e S cn\ \; h 8 a d e 9 . 5 3 ' 4 ?" F.: n s l:. ,
:31.00 t:C!el:,; thence troz:th 00 c.l~g, Ul'1J." \o/~~l:., 50!L13 (eel: l'LU.fJ.
to\; he i u t: e r see t ion '..... i \: h {; 11 e Sou \.: h 1: i 9 l\ toE w ;;\ y 1 i l\ e C) f lh\J.: !; ~ t' Y
noa~: t:.h~n::e Uort.:h 89 clsg. 09' 01" "':est, 31 feel: along l:he So\\th
right-oe-way line of Hurs9~'Y Road to l:'oint: or: Beginning.
^ 1 so ~ e s s and e xc e p t t h a. t: p a 1: l:: J y i n g E.!l9 t 0 f t hat pro p e :,,-l:. y
cOIn"eyecl in O.R. Sook 12"/1, ~ag'.! 896, PubliC:: Recorda of Pillellas
COU1\l:y, Flc::-ida.
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Sec:tiotl 19, 'l'o\ltllsl1ip 29 Sou~h, Range 1G Eas t,. fU1:l:.h~r desc1.-ibecl. ': .
as follows: ;0 ;' ,:,',:' " " . 00:':''': :.>~::',::":.: '
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COI!~l\Qnca at: t:.he Nor\:.h.....es\:. ~orller of l:.he Sout:hwest:. 1/4 of'l:.h.e .'
South.....es\:. 1/4. of Section 19, '1"ownship ~9 Sout:h, Range l6 Easl;,
and rUl1 South 00 deg. 01' 41" Eas\:. along t.he ~eBt line 01:\;119
. Southwest 1/4 of ~he 'Southwest: 1/1 of said SeC::l;.ion. 19, '1.'o~l1ship
29 South., R~ng~ lG East 33.00. !:6et:.; thence Soueh. B~, dey. 09' 04"
East ~al:a.l1el 1:0 the 40 aCl:a line and along \:he So\.\ell right:. of
.."ay lir\e of Nursery Roa.d 250.00 fee I:. t:o \;h~ Point of Beg inui\\g;
thence cont:inue Sou\:h 89 de'g. 09' 04" Eaa \: nlong said Sout:h right:.
of way line 3Q.00 feetr \:.hence South 00 deg. 01'41" East:. 207.00
feet, thence North 89 deg. :09'01" Wes\: 30.00 feet:.: theuce l~ol..'t:.h
00 deg. 01'41" West 207.00 ):eel: to the ~oil\l: of Degin.ning, n1l
lj'ing c.ncl}"eing in Pinallag County, Floz:ic.la. .
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PROPOSED ANNEXATION AND ZONING CLASSIFICATION
I Ca~:
I PROPERTY DESCRIPTION:
I - ----;::--------- --
I 1 54. 5 ~ , E ei c h er P. c' oJ d
Z 0 N I N G ! ~ 'j Sf.. ~ -::. ~ / r, "'7 ;; . -~ -: / L- :::..
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P: 1 (Coun,ly) i PR OPER T Y SJ Z~ ACRES:
\"0mmerCIOI r
-------1 Right-or-way Size Acres:
I SEe: 1'.j TWP: 295
--I ---
i CITY
OWI'lER:
ADDRESS:
GrelJter CleGr'Ncter Association of Realtors, Inc
15,,~5 S, Belch er Road
C!earwcter, Fl, 33764.
FROM:
TO:
1ANO USE PL.\N
RjOe
PieR
ATLAS
PAGE:
.....1 - ,
.) 1 / A
COMMUNITY DEVELOPMENT BOARD: l\plll
i8,2000
.A ~,J ~, 0 () - C ~3 - CI C,
1.76
RANG E:
16E
COMMISSION: 'Aay 18. 2GCG
Exhibit "A"
E\acad'9&a"drawingsIAOO.06,dwg, 03121,00 02.5655 PM, Clw/PWA (EA)
Ordinance ~o. 6545-00
~ y\d ~ .
ORDINANCE NO. 6546-00
;;(5
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
AMENDING THE FUTURE LAND USE PLAN ELEMENT OF THE
COMPREHENSIVE PLAN OF THE CITY, TO DESIGNATE THE
LAND USE FOR CERTAIN REAL PROPERTY LOCATED ON THE
EAST SIDE OF BELCHER ROAD, APPROXIMATELY 250 FEET
SOUTH OF NURSERY ROAD, CONSISTING OF M & B 33/07
AND 33/05 IN SECTION 19, TOWNSHIP 29 SOUTH, RANGE 16
EAST, WHOSE POST OFFICE ADDRESS IS 1545 SOUTH
BELCHER ROAD. UPON ANNEXATION INTO THE CITY OF
CLEARWATER, AS RESIDENTIAUOFFICElRETAIL 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 COMMISSION 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 Exhibit A attached hereto
(LUZ 00-03-02)
Land Use CateQorv
Residential/Office/Retail
Section 2. The City Commission 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. 6545-00, and subject to the approval of the land
use designation by the Pine lias 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.
PASSED ON FIRST READING
May 18, 2000
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Brian J. Aungst
Mayor-Commissioner
Attest:
Cynthia E. Goudeau
City Clerk
Ordinance No. 6546-00
. :.,..'. :..' '~.' .' ,'1
EXH!a!r A.
P^RCEL I
^ parcel of land in the Sou tl1'Hes t::. 1/ <1 0 f: I.:h ~ South.....e s ~ 1/1 c f
S e c t. i c n 19, 'r 0 'o/n s hi;;> Z 9 S 0 '..I : h , ? a n gel 6 ,~ i'\ st. fur l: h a 1.' des C l'i bed
an fo11o.....s:
COllcnenCr:! at t.he North.'lIeat co!:ner of the Sout;hwesc 1/4 of the
Southwest 1/1 of Section. 19, "ro.....-nahip 29 South, Range 16 East.:.
and rWl South 00 d~9. 01' 42." East:. alo1\g t.:.he ~est line o.f \:.he
Southwest. 1/4 of the South.....est. 1/4 of said Sect::.iol\ 19, 'rownship
29 Soutll, Range 16 East 33 feetl thence Sou\:l\ 89 deg. 09'04"
Eagt pnrallel to the 40 acre line and along the South right of
way lit\2 of Nursery Road 290.00 feet; thence continue Sou\:.h 00
deg. 01'41" East 207.00 feet for a Point of Eeginning; thence
continue South 00 deg. 01'41" East 144.00 feetl thence North 89
deg. 09'0411 West:. 230.00 feet to a point on the East right of way
line of Belcher Road, thence North 00 deg. 01'41H West along
said right of way line 1401.00 feet:; t:hence South 89 de;. 09'04"
East 230.00 feet to the Poin~ ~f Beginning, all lying and being
in Pinellas Cou.nty, Florida. Less; road right. of way.
...
.;.
:.
?,-nd a parcel of land described as follows:
Fl..om the NOJ:thweet: corner of ~ha'South'tleet 1/4 of th~ Southwest
1/~ of Section 19, Township 29 South, Range 16 East, run South'
o 0 d eg . . 0 l' 41. II E a. s t I a 10 n 9 the Was t. 1 i 1\ e 0 f ' s aid Sac C i 0 1\ 19 I '
384.00 feet; thence South 89 c1eg. 09'0111 East, 50.00 {;eet. to the
Ea.st: right of way line of Balcher Road for a Point.: of negian1ng,
.thence South a9 deg. 09' 04" East, 433.00 feeti thence South 00
d'ig. 01'41" F;ast;, lG2.2.Ci; L:h14oce north as deg. 53'42\1 \';est,
433.04 feet to the East right-of-way line of Belcher Road;
thence North 00 deg. 01' 411t West, 160.26 feet t.o the Poin\: rJf
Beginning, Less and Excep~ that par~ thereof conveyed to
Cleal.-....ater Oaks Sank by Deed da.ted March 13, 1975 and filed
March 21, 1975 in O.R. Book 4271, Page 896, as follows:
From the Northwest. corner of the Southwest: 1/4 of the Souch.....est:.
1/4 of said Section 19, 'I'o\f,-:1ship 1.9 South, Range 16 East, run, , ,_.
thence South 00 deg, 01' 41 \I Ea9 t along the See: l:ion 1 ine 4. 0 .00 __
fee t ; t: hen 0 e Sou t: h 8 9 d e g. 0 9' 0 4" . E a 3 l:. par a lll! 1 t 0 t..~ e :- f'([':. a.o r e:.:: r:::"\
line SO .00 feet co the intersection .with the East '~.i9ht~ t?f :w~y;= \\ [ \ .,..\:.
line of Belcher Roadl thence South 89 ,::d9g.' 09' 04": ~.~J~t.:.p~(\11eJ;': \ ,.'. \
to the 40 ac!.:e line 230 feet, t\lot\g \.:.he South rightz'-o-f.--rta.y 11'11': \ .,-
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of Nu:ae::y Read for Poin!:. of BtaQinning; thence continue South 00
d e g. 0 11 4 1 " E a s I:. I 5 0 5 . /. 9 fee t:. : t: he nee So \.\ I:. 11 B 8 de g, 5 J ' 4 2 II E "g l:. ,
J 1 , 0 0 1: a e t:. ; l; 11 e n c ~ tl 0 :: t. 11 0 0 (,1 ~ 9. 0 1 ' 1.),11 '" ~ s t , 5 0 5 , 1\ 3 ( eel: H. 0 . fJ .
to the i.ut.:et'sQction wi~h l;he S~ul;h l:ighl.: of Wi\Y lil1e of l-h,ll:s"n:y
R 0 ad: t h ~ n::: e U 0 r \: 11 B 9 c1 ~ 9 , 0 sa ' 0 1" \-1 e 9 l:., 3 1 fee I:. a1 0 n 9 t h s So \\ t h
righl:.-oe.way line of Uurset'Y Road 1:0 l:'oint c:dl Dsgiul1ing,
J\ 1 sol e S sand ex c e p l; t: 11. a. t p a 1: \:. J Y i n 9 t:: ~ S\:.o f t: hat p::: 0 p e. :: t y
conveyed ill 0.. R, Book 12 7l, Pag ~ 896, Pub 1 i c:: Reeorc.la 0 f P inel1o.s
County, Flc::-ida..
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^ parcel of laud ill the Souch',.:est 1/4 of the Sou~hwes~ 1/1 or:
Sec:tiofl 19, 'l'o\l,nship 29 Sou~h, Rang~ 16 East, 'furthQr desc:r:ibad .:'
a 6 f 0 11 ow S l ',~, ":': .. ' :.". ':'>,,~,," '::,:~~:" ~'::: .;: .
C01!~'l\enCe at: the Nort:h.....est c:ornel:' o'f the Sou~hwest:. li4 o'f' t.'h~" .
South'..le.s\:. 1/4 of Section 19, 'rowl\ship '-9 South, RC\uge 16 Easl:,
and run South 00 deg, O~'41tl East: !\long the West line of .I:he
Southwe.st 1/4 of \:.he ,Soul:.hwes t 1/1 o~ said Sec:\:.ion :1..9, 'l'owuship
29 South, Range lG Eas\: 33.00. f6et; t:.hence Sout.h 8~ d9~. 09'04"
E as t paz: all e 1 t.o t.:.hra 4. 0 ac rra 1 ine a.ncl alo1'\g \:.he S 0\\ 1:.1\ 2:' igh\:. 0 f
wa.y lir\e of Nursery Road 250.00 feet: l:o thE: Point 'of Beginning;
thence continue Souch 89 deg. 09'0491 East:. E\lon.g said South ri.ght
of way ling 30.00 feet, l:.hence South 00 deg. 01'41" East 207.00
feetl chance Horth 89 deg. :09' 01" Wes\: 30.00 feet; thence H01:t:.h
00 c.1eg. 01' 41" West: 207,00 :!ee\.; \:.0 the ~oil\l: of Beginning, nll
17(ing and using in Pinallas COU1\\:.Y, r-'loric..la. '
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AND LAND
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I PRO]>ER_TY DE~CRIPTION~
ClecrNCl~"'. Fi, .337t.4 I 1'- 1'- -,,' ~ ~l
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LAND USE PLAN ZONING I ~1 Or :::; -::7.. lr7 C"',' 77../'0(::.
! - - ~-;C~=GUl1t~/) tPR'~~~;T~ ~~~E AJ~'~E~: 176
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SEC: 19 TWP: 29S
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PROPOSED
REZONING
OWNER:
ADDRESS:
ADDRESS:
Greater Clearwater AssociatiGn of Realtors, Inc,
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FR.OM:
TO:
P/UG
R/CR
ATLAS
PAGE:
jllA
COMMUNITY DEVELOPMENT BOARD April is, =COO
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USE
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AMENDMENT
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CITY COMMISSION:
Muy 18, 2008
E:\Acad\P&D\Drawmgs\LuOO-02,dwg, 03121/0002:3448 PM, Clw/PWA lEA)
Ordinance No. 6546-00
'J11 J.{Z .
ORDINANCE NO. 6547-00
~0
AN ORDINANCE OF THE CITY OF CLEARWATER. FLORIDA,
AMENDING THE ZONING ATLAS OF THE CITY BY ZONING
CERTAIN REAL PROPERTY LOCATED ON lHE EAST SIDE OF
BELCHER ROAD, APPROXIMATELY 250 FEET SOUTH OF
NURSERY ROAD, CONSISTING OF M & 8 33/07 AND 33/05 IN
SECTION 19, TOWNSHIP 29 SOUTH, RANGE 16 EAST, WHOSE
POST OFFICE ADDRESS IS 1545 SOU1H BELCHER ROAD,
UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS
COMMERCIAL (C); 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 COMMISSION 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:
Propert~
See Exhibit A attached hereto
(LUZ OO~03.02)
Zoninq District
Commercial (C)
Section 2. The Planning and Development Services Administrator 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. 6545-00.
PASSED ON FIRST READING
May 18, 2000
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Brian J. Aungst
Mayor-Commissioner
Approved as to form:
1
Attest:
Cynthia E. Goudeau
City Clerk
Ordinance No. 6547-00
EXH!8IT A
PJ\RCEL I
^ pC\rcel of la.nd in the SOUth',t/2St:. 1/1 of: l:h~ Sout:.1\\o,'es:': 1/1 of
See tic t1 1 9, 'r 0 "In s hip 2 9 SOU ~ h,p. a l\ gel 6 .r.: ~ s t , fur l: he l.' des C 1: i bed
aa !:ollo.....s:
C01.I:nenc'=! a. t the No I:' thwe s l: corner 0 f t: h e SO\J ~h"""e6 t 1/4 0 f the
Southwest 1/1 of Section. 19, !ownship 29 Soul;h, Range 16 East
i\nd rWl South 00 d~g, 01' 41.11 East:. along the West::. line o.f the
Southwest 1/1 of the Sout:.hwest 1/4. of said Se.ction 19, 'township
2 9 Sou t h , Ran gel 6 E a s t 3 j fee t. J the nee SOU \: h 8 9 de g. 0 9 ' 0 4 II
East pClrallel to the 40 acre line and along the South right of
.~"ay litH! of Nursery Road 2 90.00 feet; thence continue South 00
usg. 01'41" East 207.00 feet fo:: a Point:. of Beginni.ng; thence
continue South 00 deg. 01'41" East 144.00 feet1 thance North 89
deg. 09'0411 West:. 230.00 feet:. to a point on the East right of way
line of 8elcher ~oadl thence North 00 deg. 01'41" W!st along
said right of way line 144..00 feet; thence South 89 deg. 09'04"
East 230.00 feet:. to t:he Point ,?f Eeginning, all lying and baing
in Pinellas County, Florida. Lea!; road right of WtlY.
.".
,;.
~ld a parcel of land described as follows:
Front the Northwes t: corner 0 f the" 'Sou th'tle s t: 1/ -4 0 f the. Southwea t:.
~/4 of Section 19, Township 29 South, Range 16 East, run Souch "
00 deg," 01'41Q East, along the West line of said Sec~ion 19,
384.00 feet; thence South 89 deg. 09'0111 East, 50.00 feet::. \=0 the
~aet right of way line of Balcher Road for a Point:. of Deginning,
. t: hen c e SOU the 9 d eg. 0 9 ' 0 4" E a s t , 4. 3 3 . 0 0 fee l: i t: h e tl c e SOU thO 0
dQg. 01'41" Ea.st, lG2.2C; thunce Hortb sa deg. 53'4211 l-iest,
433.04 feet to the East right-of-way 1ine of Selcher Road;
thence North 00 deg. 01'41" West, 160.26 feet \:.0 the Poine rJf
Eeginning, Lese and Except that par~ thereof conveyed to
Cleal:water oaks Bank by Deed elated March 13, 1975 and filed
Mareh 21, 197; in O.R. Sook 4271, Page 896, as tollows:
From the Northwesl; corner of the Southwest 1/4 of the Southwest:.
1/4 of said Section 19, To....-nship 29 South, Ran.ge 16 East, run.
t .-.
thence South 00 deg. 01'41" Ea.st along the section line 40.00 _
feet1 thence South 89 deg. 09' 04" . East:. parallel to t.~e ::fo.::'-:.acre:..:: rG'
1 ~ n e 5 0 . 0 0 fee t tot h e in t e r sed t ion . wi l: h the E as t:. "~i S' h t~ ~-f : w ~ y ~ r~\'
lJ.na of Eelcher Roadl thence South 89 ,~,dgg; , 09' 0411; ~,~~ t,::-.pa.:J.:~11e~': 1\ ',:'; i .
t. 0 the 4 0 a. C !,' e 1 in e 2 3 0 fee \:. (\.1 0 I\ g \:. h e ~ 0 u t h rig h t' -of.-. ... c;I. Y 11: n e I t ::- .
, ~. \
,.
I 1, \. I, ,p_ II"", {, .' " I\.' .t I..' .. . \ I .. . . . . ... ... '.~, I, .' \, \~ ,1 , ' . '.' '" ' .
.~ "; - ':'
r: X1l I B 11' . l\.
of ~Iu:se=y Roac1 for Poil'll:. of D~ginnit'\9; th~H\Ce C011ti\\\le South 00
d e g, 0 l' 4 1" E a s t , 5 0 5 , ? 9 fee l:. : t: it e nee S c 1.\ t 11 8 8 de g. 5 3 ' 4 ?" F.: n s l: ,
J1.00 !C!et; thence Uoz:th 00 c.l!.!g, 01'13." H~st, !.iO!i.13 (cel; H.O.IJ.
to the iL1t:.el:s~ction with l:he S~ut.:h l:ight: of w~y 1il\e of N\.\l'S~t'Y
no a:.1 : \:. h 2 n :: e U 0 r I.: 11 8 9 cl e g. 0 9 ' 0 1" ~: e g 1.:., 3 1 fee \: a 1 0 n 9 \;. he 50\\ t: h
rig h\:.. 0 r; . way 1 in e 0 f 11 u r 5 e t' y R 0 ad l: 0 Poi l'\ t Cl c: 13 e 9 i \\ 11 ill g .
^lso less and ex.c~pt tha.t paL'\:. Jying E^sl: o~ that pt"opel:ty
conveyed in a.R. Sook 1271, Pag-a 896, Public: Recorda of Pin~llu.s
County, Flcrida.
,
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^ parcel of land in ~he Sou~l\';':esl: 1/tS. c>f the Southwest:. 1/1 of:
Section 19, TO~llship 29 Sou~h, Rsnge: 16 East:., . fU1:l:her descl:ibac.l ';
a.B follows: ';, . ; ~:'-':: ,".:'. ..<,:~":;..>:'.:'''',;
~. " . ..' .' ..
COl!~nQnca at.: ~he Nort:.ll'..:est ~ornEu: of I;he Sout:hwest:. 1/4. o'f 'l:.h~.' .
South'..Jest:. 1/1 of Section 19, 'rowl\ship 29 South, P.C\nge ~6 Ease,
and run South 00 deg. 01'41" Ea.st e-.lony the Wea~ line of ,\:1\9
. Sou\:.hweet:. 1/4 of t:.he'Soul:hwest:. 1/1 of said Sect:.ion. 19, 'l'ownship
29 Soul.:.h, P.anga lG Ease. 33. 00. ~6et; thence South 8~ dey, 09' 04"
E a s t: p a 1: a 11 e 1 e. 0 \:. h e 40 a ere 1 i u e a tl d a 1 0 11 9 \:. h e So \.d:. h rig h toE
way liae of Nursery Road 250.00 feet:. 1.:0 thEl Point 'of Begiuuil\g;
thence continue Sout:h 89 deg. 09'04" East: alon.g said Sout:h right
of way line 30, 00 ~eel:.l \:.hel1ce South 00 c1eg. 01' 41" East 207.00
feet, thence ~tort:.h 89 deg. .09' 011' Was\: 30.00 1:eee.; l:hellce H01.'t.:h
, ,
00 cleg. 01'41" Weat: 207.00 .Leet: 1.:.0 the ~oil\l: of DegJ.nn.ing, "11
l).ing and ueing in Pinellas COUll \:.y, Flor ilia. .
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Ordinance NO. 6547-00
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ORDINANCE NO. 6558-00
AN ORDINANCE OF -.THE CITY OF CLEARWATER
RELATING TO PENALTIES AND ENFORCEMENT
PROCEDURES FOR THE VIOLATION OF THE CODE OF
ORDINANCES; AMENDING SECTION 1.12(1), CODE OF
ORDINANCES, TO INCLUDE VIOLATIONS OF SECTION 3-
1508, VIOLATIONS OF CHAPTER 21, AND VIOLATIONS OF
ARTICLE 3, DIVISION 3, WITHIN THE VIOLATIONS
PUNISHABLE BY A FINE NOT TO EXCEED $500.00, OR
IMPRISONMENT FOR A TERM NOT EXCEEDING 60 DAYS,
OR BY 80TH A FINE AND IMPRISONMENT; AMENDING
SECTION 1.12(3) TO EXCLUDE CHAPTER 15, SECTION 3-
1508, CHAPTER 21, AND ARTICLE 3, DIVISION 3, FROM
THOSE VIOLATIONS THAT MAY BE ENFORCED IN
ACCORDANCE WITH THE PROCEDURES CONTAINED IN
SECTION 1.12(3); AMENDING SECTION 1.12(3)(b) TO
SPECIFY THE TIME WITHIN WHICH A VIOLATOR HAS TO
CORRECT A VIOLATION AND TO AUTHORIZE A CODE
INSPECTOR TO IMMEDIATELY ISSUE A CITATION IF THE
VIOLATION IS OF AN ITINERANT OR TRANSIENT
NATURE; AMENDING THE FINE SCHEDULE IN SECTION
1.12(3)(d); PROVIDING AN EFFECTIVE DATE.
SE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. Section 1.12, Code of Ordinances, is amended to read as follows:
Sec. 1.12. General penalty; enforcement of civil infractions; continuing
violations.
(1) Except in the case of a violation of chapter 6, chapter 15, Sec. 3-1508 (Noise)
artiele-I~I of chapter 20, aM article I of chapter 21, and Article 3, Division 3 (Adult
Use Standards), whenever in this Code or in any ordinance of the city any act is
prohibited or is made or declared to be unlawful or an offense, or whenever the
doing of any act is required or the failure to do any act is declared to be unlawful, the
violation of any such provision of this Code or any ordinance shall be a civil infraction
punished by a fine not exceeding $500.00. Where the violation or offense is one
relating to a violation of any of the provisions of chapter 6, chapter 15, Sec. 3-1 q,08
(Noise) a-RiGle III of ch3~tcr 20, or Jrticle 14 chapter 21, or Article 3. Division 3
(Adult Use Standards), then such violation shall be punished by a fine not to exceed
$500.00, or imprisonment for a term not exceeding 60 days, or by both a fine and
imprisonment, as may be imposed by the county court. Each day any violation of any
provision of this Code or of any ordinance shall continue shall constitute a separate
offense, except that in any case where the violation consists of a discrete act or
failure to act, each violation shall constitute a separate offense.
Ordinance No. 6558-00
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(2) The ordinances contained in this Code may be enforced through the
municipal code enforcement board pursuant to the procedures contained in
chapter 2, article III, division 9. .. ~
(3) Except for the ordinances set forth in chapter 6. Chapter 15. Sec. 3-1508
(Noise) article III of chapt~, :Jnd :Jrticlc I of chapter 21, and Article 3, Division 3
(Adult Use Standards), the ordinances contained in this Code may be enforced in
accordance with the following procedures:
(a) An employee of the city who is duly authorized by the city manager and
responsible for the enforcement of such ordinances, referred to in this
section as a code enforcement officer, may issue a citation to a person
to appear in county court when the code enforcement officer upon
personal investigation has reasonable cause to believe that the person
has committed a civil infraction. Employees who may be designated as
code enforcement officers may include but are not limited to code
inspectors, law enforcement officers, or fire safety inspectors.
(b) Prior to issuing a citation, the code enforcement officer shall provide notice to
the person that the person has committed a violation of a city
ordinance and shall establish a reasonable time period, not to exceed
30 days and no fewer than 5 days, within which the person must
correct the violation, If, upon personal investigation, the code
enforcement officer finds that the person has not corrected the
violation within the time period, the code enforcement officer may
issue a citation to the person who has committed the violation. The
code enforcement officer does not have to provide the person with a
reasonable time period to correct the violation prior to issuing a citation
and may immediately issue a citation if a repeat violation is found or if
the code enforcement officer has reason to believe that the violation
presents a serious threat to the public health, safety, or welfare, or if
the violation is irreparable or irreversible, or if the violator is engaged
in violations of an itinerant or transient nature.
(c) The form of the citation shall contain the following:
1, The date and time issued;
2. The name and address of the person to whom the citation is issued;
3. The date and time the civil infraction was committed;
4. The facts constituting reasonable cause;
5. The number or section of the code or ordinance violated;
6. The name and authority of the code enforcement officer;
Ordinance No. 6558-00
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I. ...' .' : ".~';<," - ,,\ ~"\.~;:",":~;,,,,,"':.l..\:.:'-..'''''~'~:'/~'- .......~,,;;;~.,'I..'~~:~~.:.~':~....~<..
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7. The procedure for the person to follow in order to pay the civil penalty
or to contest the citation;
8. The applicable civil penalty if a person elects to contest the citation;
9. The applicable civil penalty if a person elects not to contest the
citation;
10. A conspicuous statement that if a person fails to pay the civil penalty
within the time allowed, or fails to appear in court to contest the
citation, he shall be deemed to have waived his right to contest
the citation and that, in such case, judgment may be entered
against the person for an amount up to the maximum civil
penalty.
(d) A person who receives a citation from a code enforcement officer for the
violation of a city ordinance and who elects not to contest the citation
shall be subject to a civil penalty in accordance with the following
schedule:
Class
Fine
Total
Court Costs
I
$150.00
$10.00 7.00
$160.00 157.0Q
II
125.00
10.00 7.00
135.00 13;3.0Q
III
75.00
10.00 -'+.00
85.00 82.00
IV
50,00
10.00 7.00
60.00 57.00
v
25.00
10,00 7.00
35.00 32.00
The schedule of fines and costs is included in this section to reflect the
current uniform schedule of fines and costs imposed by the county
court as of November 19,1999 September 19, 1091. Any amendment
to the uniform schedule of fines and costs by the county court shall
take effect as ordered by the court, and shall be applicable to
violations of city ordinances without the necessity to amend the
schedule set forth in this section.
Ordinance No. 6558-00
(e) A violation of any ordinance contained in this Code and enforced pursuant to
subsection (3) of this section shall constitute a class V violation,
except that a violation of th~ land development code shall constitute a
class III violation, unless otherwise indicated; provided, however, that
if the uniform schedule of fines and costs of the county court provides
for a greater penalty, the greater penalty shall be imposed.
(f) A second or subsequent violation of the same ordinance by the same person
shall result in the fine being doubled.
(g) Any person who fails to pay the appropriate civil penalty within the time
allowed, or who fails to appear in county court to contest the citation,
shall be deemed to have waived his right to contest the citation, and
judgment may be entered against the person for an amount not to
exceed $500.00.
(h) The provisions of subsection (3) of this section shall not apply to enforcement
pursuant to F.S. 9S 553.79 and 553.80 of building codes adopted
pursuant to F.S. 9 553.73 as they apply to construction, provided that
a building permit is either not required or has been issued by the city,
For the purposes of this subsection, the term "building codes" means
only those codes adopted pursuant to F.S. S 553.73.
(i) The provisions of subsection (3) of this section are an additional and
supplemental means of enforcing city codes and ordinances. Nothing
contained in subsection (3) of this section shall prohibit the city from
enforcing its codes or ordinances by any other means.
(4) In addition to the penalties provided for in this section, any condition caused
or permitted to exist in violation of any of the provisions of this Code or any
ordinance shall be deemed a public nuisance and may be abated by the city
as provided by law, and each day that such condition continues shall be
regarded as a new and separate offense,
Ordinance No, 6558-00
Section 2, This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
May 18, 2000
Brian J. Aungst, Mayor-Commissioner
Attest:
rette, Asst. City Attorney
Cynthia E. Goudeau, City Clerk
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:28
ORDINANCE NO. 6561-00
AN ORDINANCE OF THE, CITY OF CLEARWATER, FLORIDA,
RELATING TO UTILlTIES;"AMENDING SECTION 32.159, CODE
OF ORDINANCES, (WATER USE RESTRICTIONS;
ENFORCEMENT; PENALTIES) TO CONFORM WITH PINELLAS
COUNTY REGULATIONS DURING TIMES OF DECLARATION
OF WATER SHORTAGE CONDITION OR EMERGENCY;
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Planning Department of the City of Clearwater, Florida, wants to
conform its water restrictions with Southwest Florida Water Management District or Pinellas
County; and
WHEREAS, it is necessary to revise the water use restrictions to reflect the City
Commission approved restrictions; now therefore,
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY
OF CLEARWATER, FLORIDA:
Section 1. Section 32.159. Code of Ordinances, is amended as follows:
Sec. 32.159. Water use restrictions; enforcement; penalties.
Except as provided in this section, the use of the water resource, whether from public or
privately owned water utility systems, private wells or private connections with surface
water bodies, for irrigation shall be limited and restricted as follows: indicated in Pinellas
County Code Section 82-2 (a) throuQh (c) and any restrictions set forth by Pinellas
County by ordinance or resolution on an emergency basis.
(~) DofinitiORS. As used in thiG section, the term "low volume method" mC:Jnc ::l cyctcm
of irrigati-on wllk3h dcfiv€rs water ot the rote of three gallons per hour or loss,
iFlctuding taut not ~e68af.!Y limited to syctems commonly referred to ~s drip
irri~3tiGn, soaker hes€. s.paghetB tubing or bubbler.
t21-krig:JUon of vsffie#Shod lawns 3nd kmdsc3ping.
(3-) Tho irrigation of established lawns by any method, ::md the irrig::ltion of
establiched l::lnescJping by met-hods other than low volume methods, ch::lll be
prohibiteEl except during the -heurs of 5:00 ;),m. to 9:00 ::l.m. and [from] 7:00 p.rn,
to 11 :00 p. m, on al~days of the woek.
(b) The~rrigation of established bwns and l::lnd86;)piA~ shJII be further rectricted as
+""IlE)'A'5 .
tt:t .. .
Ordinance No. 6561-00
",
1. /\1 ::lddre~soc ending in ::In even number or in the letters ^ through M, irrig::1tion m::1Y
occur from 5:00 ::l.m. to 9:00 3.m. 3nd. from 7:00 p.m, to 11 :00 p.m. on Tuecd::lYs
::1nd S::1turd::1Ys only.
2. At ::lddressec ending in 3n odd number or in the letter~ N through Z, or 3t locations
with no ::1ddrecsos, irrig3tion m::lY occur from 5:00 ::l.m. to 9:00 3.m. 3nd from 7:00
p.m. to 11 :00 p.m. on Wcdne~d3Yc 3nd SundaYE: only.
(3) Irrigation of bwns 3ftcr 'Ierticutting ~h:JlI be permitted once 3 day 3C needed fOF
net more th::1n two weeks 3fter verticutting; provided, however, th::lt cuch
irrig3tion E:h::111 be 3ccompliched during the hours permitted for the irrig::1tion of
established lawns 3nd 13ndsc::1ping.
(3) !rrig:Jtlon of now !awns :Jnd .'-:Jndsc:Jping. Irrig::1tion of new lawns 3nd bndsc3ping
sh311 be limited to the hours of 5:00 3.m. to 9:00 3.m. :Jnd from 7:00 p.m. to 11 :00
p,m., but shall bo permitted on ::1ny d3Y of tho week during tho first 30 d3ye 3ftcr
pl::1ntfng. Not lecs th3n 50 percent of the 13wn or bndscaped 3re::! or portion thereof
being iFfig::lted must be new to qU3lify ::1S 3 new lawn or l::lndsc::lping.
(4) MllWpl(O addresses servod by sing/{) irrigation system. Where 3 single irrig::1tion
system providos w3ter cen/ice to ::l property having two or more ::lddresses, the
following rulos sholl 3pply.:.
(3) If 31\ of the ::1ddresses end in on even number or in the letters ^ through M,
irrig3tion m3y-occur on the dotee ond ::It the times provided in this eection for
property h::1ving an oven numbered 3ddress.
(b) If::111 of the ::1ddres6ee end in 3n odd number or in tho letters N through 2,
irrig::1tion m3Y occur on the d3tee 3nd ::1t iRe timee provided in this section for
property having ::1n odd numbered 3ddress.
(c) If the ::1ddresses inolude both even numbers ::1nd odd numbere, or tho letters ^
through M ::1nd N through Z, irrig3tion m3Y occur on the d3tec ::1nd ::1t the times
provided in 3ccord3nce with the fDlIowing:
(5) .'rrigation of golf coursos.
(::1) IrrigatiOR of golf cource greens ::1nd teee ch311 bo prohibited
between tho hours of ~ 0:00 ::l.m. to 'I :00 p.m.
(b) The golf course m3n3ger sh311 divide the f3ilV/3YS, roughc ond
nonpby ~lre3S into two sectorc of 3pproximately cqu31 dzo for the
purpo~es of irrigation, sh311 dosign::1te each cector for irrigation in
2
Ordinance No. 6561-00
'.;j
accord:Jnce witlr the following cchedule, :Jnd sh::lll inform the public
works director of such designation:
1. Irrig::ltion-<lf one sector shall be prohibited except betwoen
the hours of 12:00 midnight to 8:00 a.m. on Mond::lY,
\^Jednesd::lY and S:Jturd:JY;
2. Irrig::ltion of the other sector sh::lll be prohibited except
bctwecn4:hc hours of 12:00 midnight to 8:00 3.m. on
Tuesday, Thursday :::md Sunday;
3. Irrig3tion of both sectors shall be prohibited on Friday.
(c) For the purposes of cubcection (5)(b) of this section, in the event
that tho golf course m3nag€r f::lils or refusef: to inform the public
workG director of the division of the f;)i/VJoys. roughs :md nonpkJY
::ueas into secters for the purpoces of irrig3tion, than irrig:Jtion of
the entire golf course shall be prohibited except between the hourc
of 12:00 midnight to 8:00 a.m. on Mond3Y, Wednosd3Y and Friday.
(d) Irrigotion of newly sprigged turf 3rea~ chall be permitted on 3 d::lily
b3sis 3C needed for the first 90 dayc subsequent to sprigging,
(6) Excoptions. This section sh::lll not 3pply:
(3) To the use of treated W::lstew3tor effluent;
(b) To low volume irrigation or hand v.'atering of new or est:Jblished
tandsc:Jping (excluding lawns);
(c) To irrig::ltion for the purpose of w:Jtering in of incecticidos,
fungicidoc ::lAd herbicides, where cush w3tering in is required by
the m:::muf::lcturer or by feder::1l, st::1te or loc::1113W; provided,
however, that 5HCh 'N::ltering in shaU-be permitted only during the
hours allowed for norm::11 irrig3tion;
(0) ^t timec when more stringent w3tcr use restrictionc of the
Southwest Florid:::! Water M:::magement District or Pinell::18 County,
Florid:::!, ::lre in effDct, in which C3SC the w3ter usa restrictions of the
district or the county shall be enforced ::1S provided in this 3rticle.
(d) To the operation of irrigation cystems for testing purpoces;
provided, hov.'ever, th:Jt cuch operation :h::lll be limited to once per
week per irrigation zone;
3
Ordinance No. 6561-00
f71 ill Enforcement, These restrictions set forth in this section
shall be subject to enforcement action pursuant to section 32.154
of this division.
tB1 ill Penalties, Any violation of the restrictions of this section
shall be punishable as a class IV or higher classification violation
as provided in section 32.155 of this division.
Section 2. This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING
May 18, 2000
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Brian J. Aungst
Mayor-Commissioner
Approved as to form:
~~
ohn Carassas
Assistant City Attorney
Attest:
Cynthia E. Goudeau
City Clerk
4
Ordinance No. 6561-00
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Oearwater Gty Cbmmission
~enda Olver Mmorandum
Work session Item #:
Rnal Agenda Item #
:30
Meeting Date: 06/01/00
SJ8fCT/RECOMM~DAnON: Award a contract for "The removal and closure of twenty (20)
Hydraulic Lifts and the removal and closure of two (2) Underground Storage Tanks and removal of
contamillated soil at - 841, 901-927 Cleveland Street (parcel A & B) owned by the Community
Redevelopment Agency, for the sum of $94,133.00 Dames & Moore,
iii and that the appropriate officials be authorized to execute same.
SUMMARY:
· On June 3, 1999, the City Conunission approved the purchase by the eRA of two parcels of land along Cleveland
Street (SR 60). These parcels are commonly addressed as Parcels A & B.
.
· This Contract will prepare the property for redevelopment by removing twenty (20) hydraulic lifts and associated
colttarnim~ted soils and two (2) below ground storage tanks and associated contaminated soils, as well as address
additional assessment activities required by the Florida Department of Enviromnental Protection (FDEP).
· It is considered impractical to bid this work as per section 2.564(1)(e) Code of City Ordinances, due to the knowledge
Dames and Moore has gained on this site regarding the vertical and horiZontal extent of contamination. Dames and
Moore's knowledge of this site is from the recent completion of Phase IT and Supplemental Environmental Assessments
and the development of a FDEP approved Monitoring Plan for these parcels. Furthennore, Dames & Moore has
represented the City in cooperation with the City's environmental legal council during negotiations with FDEP
regarding the assessment and remediation of this site.
· Dames and Moore solicited bids from seven (7) Pollutant Storage System Contractors for all sub-contracted work.
Dames and Moore has selected the lowest most responsive bidder to assist in the construction portion of this project.
· The entire cost of this contract will be paid for with State Bromtfields Appropriations.
· This project will start immediately after award and execution of contract, and is scheduled to be completed within 45
calendar days,
~ewed by:
Lega\ <:::.;lO _____ Info Svc
Budget _~ ~ Public Works
Purchasin~. DCM/ACM
Risk Mgm N/A Other
"Y\~/r
N/A
Originating Dept:
EConomic Oevel
User Dept. I
EConomic Development
Attachments
CoSs $94,133.00
Total
Current FY
Funding Source:
CI
OP
Other
&1bmltted by: n CI' I # .."\
City Manager Uf,.:,^,S:3Lv...... /~
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Appropriation Code:
181-99801-530100..sS9..QOO
~ Pri~ed on recycled paper
Dlnmitt TankUft ReroovaI
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Oearwater Oty Cbmmission
ftgenda Cbver Mmorandurn
Work session Item #:
Rnal Agenda Item #
Meeting Date:
31
~. 1,00
SJB.ECT/RB::OMMENDA1l0N: Award a contract for UDemolition of Commercial Structure - 841, 901-
9270eveland Street (parcel A & B) and 813 Park Street (Parcel C) (OO-0008-ED) to Sonny Glasbrenner,
Inc.. of Largo, Florida, for the sum of $65,450.00 which is the lowest responsible bid received in accordance
with the plans and specifications,
mJ and that the appropriate officials be authorized to execute same.
SUMMARY:
" Parcel A & B are owned by the Community Redevelopment Agency (eRA).
. On June 3, 1999, the City Commission approved the purchase of two parcels of land along Cleveland Street
(SR 60) known as Parcels A & B by the CRA. These parcels together with previously purchased adjacent
parcels along Park Street are collectively known as the "Dimmitt Properties".
II> This Contract will prepare the property for redevelopment by demolishing and removing all of the buildings,
structures and pavement on the property. Upon completion of demolition operations the entire site will be
seeded and mulched,
. ' The entire cost of this contract will be paid for with State Brownfields Appropriations Funding.
. This project will start as soon as possible after award and execution of contract, and is scheduled to be
completed within 45 calendar days.
--
Reviewed by: Originating Dept,~ ~ Costs $65,450.00
Legal aQ Info Srvc ~t Public Works Adminis ration
T otaf
Budget -&- Public Works User Dept.
Purchasing DCM/ACM Economic D~elopment Funding Source:
k ~.P1 J . Current FY CI
Risk Mgmt N/A Other N/A Attachments OP
Other
Submitted by: ~. '--- ;-l\L. ,(lD Q . ._/~
City Manager" (7 0 None
/1''- 3"R-
Appropriation Code:
181-99801-530100-559.{)OO
o Printed on reqded paper
lev. 2/98 Demo. DilTlTlitt Propertiesg4b
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Clearwater City
Com mission
Agenda Cover
Memorandum
'M:>rksession Item #:
Final Agenda Item #
Meeting Date:
3~
~. I ,00
SUBJECTI RECOMMENDATION:
Award a contract to Medtronic Physiocontrol, Redmond, WA, in the amount of $29".113.50_ for
the purchase of (10) LP500 automatic external defibrillators in accordance with Section
2.564 (1 )(e), Code of Ordinances -Impractical to bid (County standard),
C8) and that the appropriate officials be authorized to execute same.
SUMMARY:
6>> Automatic External Defibrillators (AED) reduce the time to treatment for sudden cardiac arrest victims.
Survivability is directly proportional to time interval to shock.
. Technology and Legislation allows IIGood Samaritan" use of AED devices.
"7
. Three-year project identifies placement of these devices within key building in anticipation of an event
from either an employe'e or the public.
. American Heart Association, American Medical Association, State Department of Health, each encourage
that AED use be broadly disseminated throughout the community.
. Publ ic Safety is a fundamental focus for our City Vision.
..
Product selected is the Pinellas County EMS Authority standard.
. Training to be conducted by Fire Department Trainers
.
AEDs have been budgeted (CIP 315-91230)
Info Srvc r/""
ublic ~rks r-;/tr
OeMI ACM 1
Otherf(~~ ~
II (!JErvLr- ~
P A r'l..J<:;;.
/) ~
/l1 Ji2.-
Originating Dept.:
h;.e,
User Depl: Flre~
Costs
Reviewed by:
Legal }J J A
Budget . ~
purc~asi~~ .
Risk
Mg
mt
Current FY
$29113.50
Funding Source:
CI 91230
Total
Submitted by t
City Manager
OP
Other
o None
Appropriation Code: 315-91230-56400-526.000
Printed on recycled paper
Work session Item #:
Clearwater City Commission
Agenda Cover Memorandum
Final Agenda Item #
,33
fW1--
Meeti ng Date:
6/1/00
SUB J ECT /RECOMMEN DATION:
Award a contract to Oce'-USA, Inc., Tampa, Fl., for the purchase of one Model 9476 \I Multifunction
System Copier/Plotter with a five year maintenance agreement, in the amount of $40,005, in accordance
with Sec. 2.564 (1)(d) , Code of Ordinances - Exception to bid - State of Florida contract; declare surplus
to the needs of the City and authorize trade-in of one 1995 Oce' Model 7'150 large document copier;
and authorize financing under the City's Master Lease Purchase Agreement,
l!J and that the appropriate officials be authorized to execute same.
SUMMARY:
· The large format copier/plotter is used to reproduce 24" x 36" and larger engineering plans, atlas sheets and
aerial photographs. It has reduction/enlargement capabilities.
· The Model 7150 is in the six year Capital Improvement Program (CIP) budget to be replaced in FY2000/01 at
an estimated cost of $35,000.
.. Model 7150 is an analog copier that is no longer eligible for maintenance contracts or support by the
man ufactu re r.
· Model 9476 uses digital technology thereby reducing processing time by as much as 50%.
. This equipment is used or provides service to all City departments producing as much as 30,000 linear feet of
copies per year.
. Model 9476 maintenance agreement includes all parts and labor. Usage charge in excess of 12,000 linear feet
will be billed annually at $.084 per linear foot. Annual debt selVice estimated at $9,206 at 5.5% interest rate
with annual operating costs of approximately $6,600.
o Current annual operating costs of the Model 7150 are approximately $6,200. In addition, approximately
$3,000 of repair costs to a third party vendor is needed to keep it in service.
. Third quarter budget amendments will establish the project to acquire the copier/plotter in the FY1999/2000
CIP and provide sufficient coverage to meet the increased debt selVice requirements in the operating cost
center budget by transferring savings from other areas within the current PW Engineering Production operating
budget.
G Current year debt service and increased operating costs are available through savings in the Public Works -
Engineering Production cost center budget.
Reviewed by: Originating Dept: ~cp
Legal N/A Info Srvc 4 PW - Engineering Production
! Budget ~ Public Works User Dept. ~
Purchasing DCM/ACM PW - Engineer! P oduction
I Risk Mgmt N/A Other Attachments
Costs
Total $40,005
Current FY
$4,603
Funding Source:
CI
OP
Other
Submitted by:
City Manager
C ",&~ ~2~
o tYt-~z.
Appropriation Code:
315-92830-564000-519-000
010-01313-591600-581-000
Rev. 2/98
[&J None
Printed on recycled paper
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Pllm:c ~:".l ~~i I'.'.' t :..,.,:
-----.--.
Oo~-Eng i neeringSystem$
.., II division nl Occ'USA. 111I:'
DESIGNED EXCLUSIVELY FOR:
CITY OF CLEARWATER
FLORIDA SNAPS NUMBER 3051408
STATE CONTACT: GWEN BAKER
Z 502 Rocky Point OrivQ
Suite 10:'JO
TsmJla. FL 33607
(813)282,1396
Fax (813) 282.1318
"
"
Less trade of existing system
$28,340.00
($2,495.00)
$25,845.00
000 Model 947611 MultifUl1ctjon Systenl
TOTAL
System includes the f(lllowing:
9400 C()pierlPlott~r
128MB Memory
Plot Director Software
ADt and Windows Driver Kit
Print Exec Software
Deli very and In:itallation
Starter Kit of suppl je~
five-Year Maintenance Agreement $14,160,00
NOTE: Maintenance Agreement includes all parts and labor. Linear feet over 12.000
billed at .0840, billed annually
Respe; TUI~ubmitted bl
;~'G(
-, ve 'Andrikut
Major Account Executive
April 21. 2000
li R 1
City of Clearwater
City CommissIon
Agenda Cover MemDrandum
Final Agenda Item #
,3'-1
Meeting Date:
6/1/00
SU BjECT/RECOMMEN DATION:
Approve Chapter 175 and Chapter 185 changes to the City of Clearwater Employees' Pension Plan and pass
Ordinance 6563-00 on first reading.
and that the appropriate officials be authorized to execute same.
SUMMARY:
The City of Clearwater Pension Plan must be amended to comply with Florida Chapters 175 and 185 as amended by
Chapter 99-1. The statute requires that all non-cost amendments and all amendments that do require additional funding
for which additional state monies in excess of the 1997 amount have been received be adopted by July 1, 2000.
Under this provision, the City1s annual funding requirement pursuant to Florida statutes would increase by
approximately $12,000 on a long-term basis. The breakdown of the cost increases is $7,000 for Police and $5,000 for
Firefighters. The additional cost will be offset by the State's annual 175/185 dividend to the City.
The following changes for Firefighters and Police Officers are recommended:
1. Addition of an early retirement age of 50 and 10 with a 3% per year reduction cap;
2. Addition of an age 55 and 10 normal retirement age;
3. Addition of a normal form of benefit of life with a 10-year guarantee, unless the current normal form is a greater
val ue;
4. Deletion of the pre-existing condition exclusion for disability entitlement;
5. Limitation of the workers' compensation set off so that plan disability benefits are not reduced below the greater of
20{0 for each year of service or 42% of average monthly compensation calculated with a 2% benefit rate;
6. Deletion of reassignment provisions for disability claimants and addition of provision that reassignments must be to
a similar job classification at no reduction in rank or pay;
7. Addition of presumptions for disability incurred in line of duty where claims are based on certain infectious
diseases, hypertension, heart disease, and tuberculosis;
8. Addition of optional forms of benefits for disability retirees with the normal form having al a-year guarantee;
9. Addition of a 662/3% joint and survivor option;
10. Addition of forfeiture provisions for commissions of certain specified offenses that are breaches of the public trust
and where an attempt is made to obtain a pension benefit by fraud, misrepresentation, or false statements;
11. Addition of buy back to give a member who terminates employment and withdraws his contributions an
opportunity, if reemployed, to buy prior service time by depositing contributions with interest within 90 days of
reemployment;
12, Credited service must be given to a member who separates from service to go into active duty in the military and is
reemployed within one year after discharge for up to 5 years of military service;
13. If a member's employment is terminated and his contributions remain in the plan and he is reemployed within 5
years, his new service time will bridge to his prior service time.
N,'\
NA
Originating Oept:
Human Resources
Costs
Reviewed b~: ,
legal ,~-
I
Budget NA
Purchasing NA
Risk Mgml NA
Info Tech
Public Works
DCMlACM
Other
Total
User Dept.
t$.
Funding Source:
Capliallmprovernent
Current Fiscal Year
, -1'Vl1.
Attachments
Ordi nance 6563.00
Operating
Other
S~bmitted by: (VL T" ~
City Mana er J
'() Prlnt;J on recycled paper
fJ^
Appropriation Code:
o None
Rev. 2/98
ORDINANCE NO. 6563~OO
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, Afv1ENDING CHAPTER 2, ADMINISTRATION,
ARTICLE V. EMPLOYEE BENEFITS, DIVISION 3,
EMPLOYEES' PENSION PLAN, OF THE CODE OF
ORDINANCES OF THE CITY OF CLEARWATER;
AMENDING SECTION 2.393, DEFINITIONS; AMENDING
SECTION 2.395, PARTICIPATION; AMENDING SECTION
2.396, CONTRIBUTIONS TO THE PLAN; AMENDING
SECTION 2.397, BENEFITS UNDER THE PLAN;
AMENDING SECTION 2,398, TIME AND MANNER OF
BENEFIT PAYMENTS; PROVIDING FOR
SEVERABILITY; PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF CLEARWATER, FLORIDA, THAT:
Section 1. Chapter 2, Administration, Article V, Employee Benefits, Division 3,
Employees' Pension Plan, of the Code of Ordinances of the City of Clearwater is hereby
amended by amending Section 2.393, Definitions, by adding the definition of Early
retirement date; adding the definition of police officer, adding the definition of firefighter,
and amending the definition of normal retirement date, to read as follows:
Earlv retirement date shall mean the date on which a police officer or firefighter
participant has reached the age of 50 years and completed ten years of credited service.
Fireflghter shall mean an actively employed full-time person employed by the city
including his initial probationary employment period. who is certified as a firefighter as a
condition of employment in accordance with the provisions of &633.35. Florida Statutes.
and whose duty it is to extinguish fires. to protect life and to protect property.
Normal retirement date shall mean
(1) The earlier of:
a. The date on which a participant has reached the age of 55 years and
completed 20 years of credited service,
b. The date on which a participant has completed 30 years of credited
service regardless of age, or
c, the date on which a participant has reached the age of 65 years and
completed 10 years of credited service. or
!L. e:- The date on which a participant has completed 20 years of credited
service, or reached the age of 55 and completed 10 years of credited
service. which service is of a character or type of employment that is
described below as "hazardous duty" or that the trustees have designated
as hazardous duty.
(2) For this purpose, a participant's service shall be deemed "hazardous duty" if the
participant is a full-time sworn police officer certified in accordance with F.S. g
Ordinance 6563-00
943.1395, or a full-time firefighter certified in accordance with F.S. 9 633.35,
and he is employed in police or fire positions as established by the employer,
Police officer shall mean an actively' employed full-time person. emp-Ioyed by the
city. including employment during his initial probationary emp-Ioyment period. who is
certified as a police officer as a condition of employnlent in accordance with the provisions
of F,S. ~ 943.1395. who is vested with authority to bear arms and make arrests. and whose
primary responsibility is the prevention and detection of crime or the enforcement of the
penal. traffic or highway laws of the state.
Section 2. Chapter 2, Administration; Article V, Employee Benefits; Division 3,
Employees' Pension Plan of the Code of Ordinances of the City of Clearwater is hereby
amended by amending Section 2.395. Participation by adding subsection (c) Separation
from employment for military service, to read as follows:
(c) Separation from emolovment for militarY service
( 1) The years or fractional parts of a year that a participant serves in the military
service of the Armed Forces of the United States. the United States Merchant
Marine or the United States Coast Guard. voluntarily or involuntarily. after
separation from employment as an Employee with the city to perform
training or service. and reemployment on or after December 12. 1994. shall
be added to his years of credited service for all purposes. including vesting.
provided that: '
a. The participant must return to his employment as an employee within one
(1) year from the earlier of the date of his military discharge or his
release from service.
b, The participant deposits into the plan the same sum that the participant
would have contributed if he had remained an employee during his
absence, The participant must deposit all missed contributions within a
period equal to three (3) times t.he period of military service, but not
nlore than five (5) years from the date of reemploy-ment or he will forfeit
the right to receive credited service for his military service pursuant to
this section. except that a police officer or firefighter participant shall not
be required to deposit contributions to receive credited service.
c The maximum credit for military service pursuant to this section shall be
five (5) years.
d. The participant must have been discharged or released from service under
honorable conditions.
e. This section is intended to satisfy the minimum requirements of the
Uniformed Services Employment and Reemployment Rights Act
(USERRA). (P.L. 103-353). To the extent that this section does not meet
the minimum standards of USERRA. as it may be amended from time to
time. the minimum standards shall apply.
Section 3. Chapter 2, Administration; Article V, Employee Benefits, Division 3,
Employees' Pension Plan. of t.he Code of Ordinances of the City of Clearwater is hereby
amended by amending Section 2,396, Contributions, subsection (a)(1), to read as follows:
(a) Employee contributions.
Ordinance 6563-00
2
."~.1 /,'. ',I", f l'~ ...' 4'....:t.:.\.~.:, ._~... f I'.," ~"I .... ....10 .'. ".,""" ",~"...,.,.,:". "'t,",' (~,:., "'.
(1) For each plan year, an employee required to participate in the plan shall
make regular contributions t9 the plan in the amount of eight percent of his
compensation, Employee contributions withheld by the employer on behalf
of the employee shall be deposited with the trustees at least monthly. except
that such contributions shall be deposited immediately after each pay period
for police officer and firefighter participants.
Section 4. Chapter 2, Adrrlinistration Article V, Employee Benefits, Division 3,
Employees' Pension Plan, of the Code of Ordinances of the City of Clearwater is hereby
amended by amending Section 2.397. Benefits under the plan, to read as follows:
Sec. 2.397. Benefits under the plan.
(a) Normal retirement benefit,
(1) A participant shall be entitled to retire from the employ of his employer upon
such participant's normal retirement date.
(2) Upon reaching his normal retirement date, a participant shall be fully vested
in his accrued benefit and shall be entitled to receive, at the time and in the
manner described in section 2,398, his normal retirement benefit. Subject to
the provisions of paragraph (e) of this section 2.397:
a. The normal retirement benefit shall be a monthly income, paid in
accordance with the normal form of benefit described below, that is
equal to the product of:
1. Two and one-half percent of the participant's average monthly
compensation, multiplied by
2. The participant's years of credited service.
b. Effective for plan years beginning on or after January 1, 1996, in the
case of employees who are performing active service on behalf of the
employer on January 1, 1996, "two and three-quarters percent" shall
be substituted for "two and one-half percent" in subparagraph a.
above. An employee will be deemed to be performing active service
if he is actively enlployed by the employer (working on a continuous
basis), inclusive of light duty assigrunents made by the employer and
the use of sick leave, vacation leave, military leave, family medical
leave, or other approved leaves of absence from which the employee
is anticipated to return to regular duty. This subparagraph b. shall not
apply to employees who, as of January 1, 1996, no longer perform
active service for the employer but who remain on the employer's
payroll and are compensated for a given period on the basis of
vacation time, sick leave, severance benefits or any other type of
leave of absence and whose employment with the employer is
expected to terminate following such compensated period.
The normal form of benefit shall be an annuity paid monthly for the
life of the participant, with a 100 percent survivor annuity paid
monthly for a period of five years following the death of the
participant to the beneficiary or beneficiaries described in paragraph
(e) of this section 2.397; provided, further, that following such five
(3)
a.
Ordinance 6563-00
3
year period tile survivor annuity shall be reduced to 50 percent of the
original survivor annuity amount, except that. if greater for police
officers and firefighters, the normal form of benefit shall be an
annuity paid monthly for the life of the participant with 120 payments
guaranteed,
b. The survivor annuity paid to the participant's beneficiary or
beneficiaries in accordance with subparagraph (3)a. above shall cease
following
1 . The last day of the month in which occurs the designated
beneficiary's death or remarriage, if such designated
beneficiary is the participant's spouse, or
2. The las t day of the month in which occurs the designated
beneficiary's death or attainment of age 18, if the designated
beneficiary is the participant's child or children,
(4) In the event that a participant does not begin to receive his normal retirement
benefit at his normal retirement date, such participant shall be entitled to the
benefit he was entitled to receive at his normal retirement date, adjusted to
take into account his average monthly compensation and years of credited
service as of his actual retirement date.
(b) Early retirement benefit.
(1) A participant shall be entitled to retire from the employ of his employer upon
such participant's early retirement date.
(2) Upon reaching his early retirement date, the participant shall be fully vested
in his accrued benefit and shall be entitled to receive, at the time and in the
manner described in section 2.398, his early retirement benefit.
(3) A participant's early retirement benefit for police officer and firefighter
participants shall be determined in accordance with the provisions of
paragraph (a) above, and the amount of such benefit otherwise payable under
mragraph (a) shall be reduced by 3 percent per year to the actuarial
equi'lulcat of the benefit othel'\visc payable under paragraph (n) above.
(4) If a participant separates from service before satisfying the age requirement
for early retirement, but has satisfied the service requirement, the participant
will be entitled to an early retirement benefit upon satisfaction of such age
requirement.
(c) Disability benefit.
(1)
A participant who is vested in his accrued benefit and who terminates
employment by reason of his disability shall be entitled to receive, at
the time and in the manner described in section 2.398, a disability
benefit equal to his accrued benefit as of the date of termination of his
employment.
b. A participant who is deemed by the committee to be disabled by
reason of an injury suffered or an illness contracted in the line of duty
need not satisfy the vesting requirement set forth in subparagraph
a.
Ordinance 6563-00
4
(l)a. above; provided, further, that the n10nthly amount of the
disability benefit payable to a participant described in this
subparagraph (l)b. shall not be less than 662/3 percent of such
participant's average monthly compensation.
c. The provisions of this paragraph (c.) shall apply to participants who
are determined by the conlmittee to be disabled on or after January 1,
1996.
(2) A participant shall be considered disabled for purposes of the plan if, in the
opinion of the committee, the participant is disabled due to sickness or
injury, such disability is likely to be continuous and permanent from a cause
other than specified in subparagraph (3) below, and such disability renders
the participant unable to perform any useful, meaningful and necessary work
for the employer in an available position for which the participant is
reasonably qualified' or for which the participant may be reasonably trained
to perform, subject to the limitations below.
a. If a participant employcd as a SVlorn and state certificd (in accordance
with F.S. 0 943.1395) police officer (police recruit, police officer,
police sergeant, police lieutenant, police captain, assistant or deputy
chief or comparable sworn and stute certified positions) or a state
c-ertified (in accordance \vith F. S. 0 <533. 3 5), firefighter (firefighter,
fire lieutenant, district fire chief, assistant or deputy chief or
comparable state certificd positions) is disabled tD thc extent that he
eanno! reasonably continue to perform the functions of his specific
position, but remains capable of performing useful, meaningful and
flecessary ',,'ork, he may be assigned to an alternate position \vith the
employer as described belov.' in lieu of receiving disability benefits
under the plan,
1. If an available equal leyel position is available in the police Of
fire department respectively I the participant Inay be assigned to
such position v/ithin the respective department, such
assignment to be with no loss of base pay (as described belo'N);
er
2. If no equal level position is availabte in the police or fire
department respectively, as referred to in subparagraph 1.
above, the participant may be assigned to another sworn and/er
state certified position in the respective department, if such
position is available, such assignment to be with no loss of
base pay regardless of whether the assignment is to an equal or
10'vver level position; or
3, If a position-is not available pursuant to subparagruph 1. or 2.
above, the participant may be assigned to a non sworn and/or
non state certified position within the respective department, if
such position is uvailable, with such assignment to be with no
loss of base pay regardless of \vhether the assignment is to a
non sworn ane/or non state certified position of equal or lower
level; or:
4, If an assignment cannot be made pursuunt to subparagraph 1.,
2, or 3. above, the particiIJant may be assigned to any othef
Ordinance 6563-00
5
position vlith the employer that is available for which the
participant has the skill and lcno\vledge -to perferrn or for \vhich
thc participant can rcasonably be trnined to perform, such
assignment to., bc with no loss of base pay regardless of
whether the assignment to such position is at an cqunl or lowef
level.
5. Thc employer ?;ill provide not less than eight positions \vithin
~olicc department and not less than fiye posi~ions in the fire
department that are in thc hazardous duty category as defined
in section 2.393, for alternate assigrnnent pUFp()ses in lieu of
the receipt of disability payments as-provided for in this
section. The specific positiens as provided by the cmployef
ffiflT vary from time to time nnd need not be design-ated ifl
advance by the city. If alternatc pos-itions include ones to
'Nhich assignment pay is applicable under a--€esi~nated union
contract, the assignment pay will be paid.
6. In the event that police officers or tlrcfighter-s have been
assigned to an alternatc position outside of theiF-bargaining unit
in licu of disability bcncfits pursuant to provisions of section
2,397 hereof beeausc all thc available alternate positions within
the bargaining unit v~rcre already assigned and then one af the
positions within the bargaining unit becomes nvailablc, SUeft
altcrnately assigned employees shull be returned to the position
....vithin the bargaining unit position on a firs~ Gut, first return
basis.
fh Any police officer or firefighter participant who shall become totally
and permanently disabled to the extent that he is unable. by reason of
a medically determinable physical or mental impairment, to render
useful and efficient service as a pol ice officer or firefighter, shall,
upon establishin{! the same to the satisfaction of the Board~ be entitled
to a monthly pension provided for in subparagraph ( c)(1 ).
Terminated persons, either vested or non-vested, are not eligible for
disability benefits, except that those terminated by the City foC
medical reasons may apQly for a disability within thirt~ (30) days after
termination.
b. If a participant employed in a position other than as a sworn and state
certitied police officer or a state certified firefighter is disabled to the
extent that he can not reasonably continue to perform the functions of
his specific position, but remains capable of performing useful,
n1eaningful and necessary work, he may be assigned to an alternate
position with the employer in lieu of receiving disability benefits
under the plan. For this purpose, the participant may be assigned to
any other position with the employer that is available for which the
participant has the skill and knowledge to perform or for which the
participant can reasonably be trained to perform, such assignment to
be with no loss of base pay regardless of whether the assignment to
such position is at an equal or lower level.
c. For purposes of this paragraph (c)(2), the term. "base pay II shall be
defined as compensation at the rate prescribed for the particular job
class in the employer's pay schedule.
Ordinance 6563-00
6
(3)
d. Any hazardous duty designated plan participant \\'ho is assigned to an
alternate position in lieu of receiving disability benefits under the plan
pursuant to provisions of paragraph (c)(2)a. of section 2.397 of this
plan shall c-ontinue to be designated as a hazardous duty employee
regardless of the nature or Ioeation of the alternate assignment and
shall retain his rank as a sworn police officer Of firefighter. Such
~rticipant shall remain eligible for retirement us a hazardeus duty
employee.
d. e-:- The trustees of the plan shall make the deternlination in each instance
if a participant who has been found disabled pursuant to paragraph
(e)(2) above may be assigned to an alternate position with the
employer as provided in (c)(2)a. and b. hereof.
Each participant who is not a police officer or firefighter who is
claiming disability benefits shall establish, to the satisfaction of the
committee, that such disability was not occasioned primarily by:
a.
1. Excessive or habitual use of any drugs intoxicants, or alcohol;
2. Injury or disease sustained while willfully and illegally
participating in fights, riots or civil insurrections;
3. Injury or disease sustained while committing a crime;
4. Injury or disease sustained while serving in any branch of the
Armed Forces;
5. Injury or disease sustained after his employment as an
employee with the employer shall have terminated;
6. Willful, wanton or gross negligence of the participant; or
7, Injury or disease sustained by the participant while working for
anyone other than the employer and arising out of such
employment.
8. A condition pre-existing the participant's participation in the
plan. No participant shall be entitled to a disability pension.
whether in line of duty or not in line of duty, because of or due
to the aggravation of a specific injury, impairment or other
medical condition pre-existing at the time of participation in
the plan, provided that such pre-existing condition and its
relationship to a later iniury. impairment or other medical
condition be established by competent substantial evidence.
Nothing herein shall be construed to preclude a disability
uension to a participant who. after membership in the plan,
suffers an injury, impairment or other medical condition
different from some other injury, impairment, or other medical
condition existing at or prior to said participation.
b. No participant shull be entitled to a disability bet1efit, \vhcther in -line
of duty or not in line of duty, because of or due to the aggravation ef
a specific injury, impairment or other medical coneition pre existing
Ordinance 6563-00
7
I..,I""'~' '.,r' t, ',' ...' .y', .,'.. ",': "'. ;,~., ..,..~..r ;,;. '.~,'~,:. ,,' ..~~:.f ,.,.#:~~.,~y ..~..1'.~'j ..':'r~""~: 1.
the employee' s participation in the plan; provided, however, that such
prc existing condition and its relationship to a later injury, impairmcn~
or other medical condition is established by competent substantial
evidence. Nothing herein shall bc construed to preclude a disability
benefit for a particiJ*lflt who, after commencing participation in the
plan suffers an injury, impairment or other medical condition different
from some other injury, impairment, or other medical condition
existing at or prior to participation in the plan.
Each police officer or firefighter participant. who is claiming
disability benefits, shall establish to the satisfaction of the committee,
that such disability was not occasioned primarily by, (except that
paragraph 5 is only applicable to police officers):
1. Excessive or habitual use of any drugs, intoxicants or
narcotics.
2. Iniury or disease sustained while willfully and illegally
participating in fights. riots or civil insurrections or while
committin!! a crime.
3. Iniury or disease sustained while serving in any branch of the
Armed Forces.
4. Inlury or disease sustained bv the participant after his employ-
ment as a police officer or firefi2:hter with the City of
Clearwater shall have terminated.
(4)
a.
5. For police officer participants, iniury or disease sustained by
the participant while workin!! for anyone other than the City
and arising out of such employment.
A participant shall not become eligible for disability benefits until and
unless he undergoes a physical examination by a qualitied physician
or physicians, who shall be selected by the committee for that
purpose.
b.
1.
Any former participant receiving disability benefits under
provisions of this plan may be periodically re-examined by a
qualified physician or physicians who shall be selected by the
committee to determine if such disability has ceased to exist or
if the former participant may be employed in an available
position for which the participant is reasonably qualified in
accordance with the provisions in paragraph (c)(2) above. If
the committee finds that the former participant is no longer
disabled or is capable of performing service for the employer
in accordance with the provisions of subparagraph (2) above,
the committee may request the former participant to return to
the employ of the employer. If the former participant returns
to the performance of duty as an employee, he shall again be
eligible to participate in the plan. In the event a former
participant is no longer disabled or is deemed capable of
returning to employment with the employer in accordance with
the provisions of subparagraph (2) above, and he does not
return to employment with the employer pursuant to the
committee I s request, he shall forfeit the right to his disability
Ordinance 6563-00
8
benefit; provided further, that if an enlployee accepts
employment with another employer in an occupation or line of
work similar to the occupation or line of work that resulted in
the employee being eligible for a disability benefit hereunder,
he shall forfeit the right to his disability benefit.
2. A participant who returns to employment with the employer
and recommences participation in the plan shall not receive
credited service for the period during which he received
disability benefits under the plan.
c. The cost of the physical examination and/or re-examination of the
employee claiming and/or receiving disability benefits shall be borne
by the plan. All other reasonable costs as determined by the
committee incident to the physical examination, such as, but not
limited to, transportation and I11eals, shall be borne by the plan.
d. The committee may establish such other rules and procedures as it
deems necessary to implement the provisions of this paragraph c..
(5) A participant whose employment is terminated by reason of his death in the
line of duty shall, for purposes of the plan, be deemed to have been disabled
in the line of duty, and the participanf s beneficiary shall be entitled to
receive a disability benefit as described in paragraph (c)(1) above.
(6) If a participant receives a disability benefit under the plan and workers'
compensation benefits pursuant to F.S. eh, 440 for the same disability, and
the total monthly benefits received from both exceed 100 percent of the
participant's average monthly wage, as defined in F.S. eh. 440, excluding
overtime, the disability benefit shall be reduced so that the total ITlonthly
amount received by the participant does not exceed 100 percent of such
wage, The amount of any lump sum workers' compensation payment shall
be converted to an equivalent monthly benefit payable for ten years certain
by dividing the lump sum amount by [section] 83.9692. Notwithstanding the
foregoing, in no event shall the disability pension benefit of a police officer
or firefil!hter participant be reduced below the greater of forty-two percent of
average final compensation or two percent of average final compensation
times years of credited service.
(7) In-Line of Duty Presumptions.
a. Presllmotion. Any condition or impairment of health of a police
officer or firefighter participant caused bv hypertension or heart
disease shall be presumed to have been suffered in line of duty unless
the contrary is shown by competent evidence. provided that such
participant shall have successfully passed a physical examination upon
entering: into such service. including cardiogram for police officer
participants. which examination failed to reveal any evidence of such
condition~ and provided further, that such presumption shall not apply
!o benefits payable or granted in a policy of life insurance or disability
Insurance.
b. Additional Presumotion. The presumption provided for in this para-
graph b shall apply only to those conditions described in this para-
graph b that are diagnosed on or after January 1. 1996.
Ordinance 6563-00
9
1. Definitions. As used In this subsection 7. b.. the following
definitions app1x:
(i) "Bodv fluids" means blood and body fluids containing
visible blood and other bodv tluids to which universal
precautions for prevention of occupational transmission
of blood-borne pathogens. as established by the Centers
for Disease Control. apply. For purposes of potential
transmission of meninl!ococcal meningitis or
tuberculosis. the term "body fluids" includes
respiratory. salivary. and sinus fluids. including
droplets. sputum. and saliva. mucous. and other t1uids
through which infectious airborne organisms can be
transmitted between persons.
Oi) "Emergency rescue or public safety Member" means
any participant employed full time by the city as a
firefighter. paramedic. emergency medical technician~
law enforcement officer. or correctional officer who, in
the course of employment. runs a high risk of
occupational exposure to hepatitis. meningococcal
meningitis. or tuberculosis and who is not employed
elsewhere in a similar capacity. However. the term
"emergency rescue or public safety Member" does not
include any person employed by a public hospital
licensed under Chapter 395, Florida Statutes. or any
person employed by a subsidiary thereof.
(iii) "Hepatitis" means hepatitis A~ hepatitis B. hepatitis
non-A. hepatitis non-B. hepatitis C. or any other strain
of hepatitis generally recognized by the medical
community.
(iv) "High risk of occupational exposure II means that risk
that is incurred because a person subiect to the
provisions of this subsection.. in performing the basic
duties associated with his employment:
aJ Provides emergency medical treatment in a non-
health-care setting where there is a potential for
transfer of body fluids between persons:
b) At the site of an accident. tire. or other rescue or
public safetv operation. or in an emergency
rescue. or public safety vehicle, handles body
fluids in or out of containers or works with or
otherwise handles needles or other sharp instru-
ments exposed to body fluids:
c) En~ages in the pursuit, apprehension. and arrest
of law violators or suspected law violators and.
in performing such duties. may be exposed to
body fluids: or
Ordinance 6563-00
10
d) Is responsible for the custody. and physical
restraint when necessary. of prisoners or inmates
within a prison. iail. or other criminal detention
faCility. while on work detail outside the facility-,-
or while being transported and. in performing
such duties. may be exposed to body fluids.
(v) "Occupational exposure. II in the case of hepatitis.
meningococcal meningitis. or tuberculosis. means an
exposure that occurs during the performance of job
duties that mav place a worker at risk of infection.
(2) Preswnotioll. Anv emergencv rescue or public safety participant who
suffers a condition or impairment of health that is caused by hepatitis.
meningococcal meningitis. or tuberculosis. that requires medical
treatment. and that results in total or partial disability or death shall be
presumed to have a disability suffered in the line of duty. unless the
contrary is shown by competent evidence: however. in order to be
entitled to the nresumption. the participant must. by written affidavit
as provided in Section 92.50. Florida Statutes. verify by written
declaration that. to the best of his knowledge and belief:
(i) In the case of a medical condition caused by or derived from
hepatitis, he has not:
a) Been exposed. through transfer of bodily fluids. to any
person known to have sickness or medical conditions
derived from hepatitis. outside the scope of his
employment:
b) Had a transfusion of blood or blood components. other
than a transfusion arising out of an accident or iniury
happening in connection with his present employment.
or received any blood products for the treatment of a
coagulation disorder since last undergoing medical tests
for hepatitis. which tests failed to indicate the presence
of hepatitis:
c) Engaged in unsafe sexual practices or other high-risk
behavior. as identified by the Centers for Disease
Control or the Surgeon General of the United States or
had sexual relations with a person known to him to have
~ngaged in such unsafe sexual practices or other high-
risk behavior: or
d) Used intravenous drugs not nrescribed by a physician.
(ii) In the case of meningococcal meningitis. in the ten (10) days
immediately preceding diagnosis he was not exposed. outside
the scooe of his employment. to any person known to have
meningococcal meningitis or known to be an asymptomatic
carrier of the disease.
(iii) In the case of tuberculosis, in the period of time since the
partici.llimt'S last negative tuberculosis skin test. he has not
Ordinance 6563-00
II
been exposed. outside the scope of his employment. to any
gerson known by him to have tuberculosis.
3. Immunization. Whenever any standard. medically recognized vaccine
or other form of immunization or prophylaxis exists for the
prevention of a communicable disease for which a presumption is
granted under this section. if medically indicated in the given
circumstances pursuant to immunization policies established bv the
Advisory' Committee on Immunization Practices of the U.S. Public
Health Service. an emergency rescue or public safety participant may-
be required by the city to undergo the immunization or prophylaxis
unless the participant's physician determines in writing that the
immunization or other prophylaxis would pose a significant risk to the
participant's health. Absent such written declaration. failure or
refusal by an emerl!ency rescue or public safety participant to undergo
such immunization or prophylaxis disqualifies the participant from the
penefits of the presumption.
4. Record of Exposures. The Citv shall maintain a record of any known
or reasonably suspected eXRosure of an emergency rescue or public
safety particmant in its employ to the disease described in this section
and shall immediately notify the participant of such exposure. An
emergency rescue or public safety participant shall file an incident or
accident report with the city of each instance of known or suspected
occupational exposure to hepatitis infection. meningococcal
meningitis, or tuberculosis.
(d)
(1)
5. Required medical tests; preemployment physical. In order to be
entitled to the presumption provided by this section:
(i) An emergency rescue or public safety participant must, prior
to diagnosis. have underl!one standard. medically acceptable
tests for evidence of the communicable disease for which the
presumption is sought. or evidence of medical conditions
derived therefrom. which tests fail to indicate the presence of
infection. This paragraph does not apply in the case of
meningococcal meningitis.
(ii) On or after June 15, 1995. an emergency rescue or public
safety participant may be required to undergo a preemployment
physical examination that tests for and fails to reveal any
evidence of hepatitis or tuberculosis.
Termination of employment benefit.
In the event a participant's employment with his employer is terminated for
reasons other than retirement, disability or death, such participant shall be
entitled to receive, at the time and in the manner described in section 2.398,
a termination of employment benetit that is equal to the participant's vested
interest in his accrued benefit as of the date of his termination of
employment.
(2)
A participant's vested interest in his accrued benefit shall be the
following percentage of his accrued benefit, based upon such
a.
Ordinance 6563-00
12
." '..'." ~.-_I~-.' .' ~",,~,,'.'t."."':""""':':".'.~'.'4.t_;~~ .:......... ".. :~." ;',: .1_'.J'''~'''~'I",/~:'';''..''''-,~t,'','\' ,';'.,:,,;..:,', I',
participant's full years of credited serVIce as of the date of his
termination of employment:
TOT AL NUMBER OF '
FULL YEARS OF
CREDITED SERVICE
VESTED
INTEREST
Less than 10 Years of Credited Service
10 years or more
0%
100%
b. Notwithstanding the foregoing schedule, a participant shall be fully
vested in his accrued benetit upon attaining his early retirement date
or his normal retirement date.
(3) l\ participant who terminates employment with the employer prior to his
early retirement date or his normal retirement date may elect to receive the
total contributions he has o1ade to the plan, together with five percent simple
interest on such contributions. Upon making such election, the participant's
interest in his accrued benefit shall be forfeited.
(4) If a participant terminates employnlent prior to his early retirenlent date or
his normal retirement date and receives a distribution of his contributions
(plus interest thereon) and is subsequently reemployed and again becomes a
participant in this plan, his credited service for purposes of vesting and
benefit accruals shall not include any periods of employment prior to his
reemployment date unless he repays to the pension fund the greater of (i) the
full amount previously distributed to him plus interest at the rate of five
percent per annum from the date of distribution to the date of repayment or
(ii) the actuarial present value of the accrued benefit previously forfeited.
Such repayment must be made no later than the second anni versary of the
participant's reemployment, except that if it is made by a police officer or
firefighter Qarticipant no later than 90 days after reemployment. such
repayment. shall be the full amount previously distributed to him plus interest
at a rate determined by the trustees. If a participant repays the foregoing
amount to the pension fund within the prescribed time period, the interest of
the participant in his accrued benefit previously forfeited under subparagraph
(3) above shall be restored in full and the participant's credi ted service shall
be based on all periods of employment.
(e) Death benefit,
(1)
a.
In the event of the death of a participant who is vested in his
accrued benefit prior to his termination of employment, his
beneficiary (as described below) shall be entitled to receive a
death benefit at the tin1e and in the manner described in section
2.398. Said death benefit shall be in an amount equal to the
accrued benefit of such participant as of the date of his death.
2. The participant's beneficiary may elect to receive, in lieu of
the death benefit under the plan, the total contributions made
by the participant to the plan, together with five percent simple
interest on such contributions. Upon making such election, the
participant's beneficiary shall forfeit any right to a death
benefit under the plan.
1.
Ordinance 6563-00
13
(2)
(3)
(4)
(f)
(1)
3. If the participant does not have a beneficiary, the total
contributions made by the participant to the plan, together with
five percent simple interest on such contributions, shall be paid
to the participant's estate.
b, In the event of the death of a participant who is not vested in his
accrued benefit prior to his termination of employment, his
beneficiary (or, if there is no beneficiary, his estate) shall be entitled
to receive the total contributions made by the participant to the plan,
together with five percent simple interest on such contributions.
A participant whose employment is terminated by reason of his death in the
line of duty shall be deemed, for purposes of the plan, to have been disabled
in the line of duty and his benet1t shall be determined in accordance with
paragraph (c)(5) of this section 2.397.
The participant's surviving spouse shall be deemed to be the beneficiary
designated to receive the death benefit payable under the plan, and if none,
his children under the age of 18 who are the participanf s dependents (within
the meaning of Section 152 of the Internal Revenue Code) at the time of his
death.
If the total contributions made by the participant to the plan, together with
live percent simple interest on such contributions, exceed the value of the
death benefit paid under the plan, the amount by which such contributions
(including interest thereon) exceed the value of the death benefit paid under
the plan shall be paid to the participant's estate.
Limitations on amount of benefits,
a. Notwithstanding ~I1Y other provision of this section 2.397 to the
centrary, the projected benefit for a participant (und:r this plan and
under all other defined benefit plans maintained by the employer,
~\'hether or not terminated) Vlhen expressed as a benefit payable
afU1ually in the fenn of a strai~ht life annuity 'Nithaut regard to the
death benefit or any other ancillary benefit, shall not at any time
v/ithill the limitation yenr ex.ceed the lesser of
1. $90,000.00 (adjusted 1:iooer such regulations us may be- issued
by the s~retary of treasury); or
2. 100 percent of the f)urEicipant's average monthly eempensation.
b. . N-ot\'1ithstalldil1g the foregoing, t11e bene-fit payable with respect to a
participant shall be deemed not to exceed the limitations sct forth in
subparagraph 1. If the benefit payable with respect to sueh participant
tinder this plan and undef aH other defined benefit pension plans to
which the employer contributes, does not exeeed $10,000.00 for the
applicable plan year and fef any plan year and the employer has not at
any tiInc maintained a defined contribution plan in \vhich tfie
J*ffi*ipant participated,
c. 1'hc limitations in subparugfaplls (l)a.1., (1)a.2. and (l)b. abo'le,
shall be multiplied by a fracEion (not in excess of one), the numerator
Ordinance 6563-00
]4
f.
of which .is the number of the ,. , r .
the plan (m the case of the dolltUf~Ic~pa~t s ) ears of partIcipation in
(1)8.1.) or the nun1bcr of the ~ .ImItatiOn set forth in subparagru{}h
the ea~e of thc limitation s~~rV~:i;~t's years of credited service (in
denominator of which i.... e:t-l- ,In (1)a,2, and (l)b.) and the
, ,II n;ner case, IS ten.
/\s of January 1 of each calendar 'e
forth. 1Il subparagraph (l)a 1 b) "ar, the $90,000:00 limitation set
rer~ltted by the seerctar r . . a 0, e, shull be adjusted as and if
Hmltntion shall become e}fe~ii~~~ea;re~sury, ~nd any suclt- adjusted
~deF the piEla f-oF that calendar 'year \~ maxlI.llllffi dollar Iimitatioa
er a calendar vear as so ad' . e maXlmun1 dollar limitation
ending with or v;/ithi~ such calej~~~dye~~.all apply to limitation years
1, (i) In the e'icnt the 13 f' , '
payab!e before a~~ ICJ~~ntth~ r$goe~~~gen.efi,ts ~eeome
forth In subparagraph (l)a 1 b :, . lImItatiOn set
accordance with rcaulatio~ '. a OT e s~nll be reduced in
the treasury, but not below $~~~~8g,35. the secretary of
Iii'
\ 7 In the event the paftici~ 1:' '
payablc before a c 55 an s retirement bca,cti.ts become
forth in subparagFaph (b~ar~o:?OO,OO lImitation set
accordance with requlatio~s' .0 odc ~hal1 be reduced in
the treasury but 0 e I .... Issue y .the secretary of
$75,000.00 ~t age~~. eo.. the actuanal equivalent of
~? )~~1 ~v~~~~Zal~~le r~i~i~~~o~oset forth in subparagraph
$50,000,00 (indexed in ae an am~unt less than
Revenue Code) in the case ~lrd~~:e "nth the Internal
are qHalified . . po Ice or fircfighters who
415(b)(2)(H) of fu~YI~;~~n~f Re~~en~~~~~de, in Section
If the participant' s retir e
~~: ~!i, for pllrpescs of ~~~~~i~i:ge~,trh b~~em~s payable after
~90,000.OO limitntio f n. e ef tne benefit meets
aee~'e, such benefit shalln b~et .orth In subpa~a&rnpl1 (1)a.2.
eqUivalent to the benefit be ,a~Justcd so that It IS actuorially
shull be n1ade llSing an ass~nnI~l& at age 65. This adjustment
and shall be made in nccordarne _"l,I!tercst rat~ of fiyc percent
by the secretary of the treasur~~e n lth regulations prornulgated
In the event that any f3U f' . . .' .
benefit plan and a defin~dclpant'6a~tIcIputes In both a defined
empleyer or an affiliate th~ont~1 u~ion plan maintained by his
benefit plan fraCtion (as d~3' J ~n t~c ~um of the defined
Internal Rcvenue Codej 6 De In ectlon 415(e) of the
fraction (ns defined in SecW~n ~~~( ~efi?ed contribution plan
Code) for allY limitation vear shall e to 0 the Internal Revenue
, J tx nel: exceed 1.9-:-
In the event that the sum f fl a -
and the defined contrib . 0 t e efl~ed benefit plan fraction
plan administrator shalf~~~~ ~~e~ fra~.t10n exccc:ds ~ .0, then the
and nondiscriminatory mu~er f:lcn~?lnl S,' applIed In a uniform
, us n 1 lccep the benefi ls and
(ii)
d.
e.
2.
1.
2.
Ordinance 6563-00
15
fffiflual addition~l for :;uch 1}.w~ntH*-+fefll exceeding these
limits. Adjustments :;hull be I1Ult!e---tf> thi:; pI un before any
adjustments shall be-Fequired to uny other plun~i.
Basic Limitation. .
ill
Subiect to the adjustments hereinafter set forth. the maximum amount of
annual retirement income payable with respect to a participant under this
plan shall not exceed $90.000.00.
For purposes of applying: the above limitation, benetits payahle in any form
other than a strai ght life annuity wi th no ancillary benetits shall be
adiusted. as provided bv Treasury Regulations. so that such benet1ts are the
Actuarial Equivalent of a straight life annuity. For purposes of this Section.
the following benefits shall not be taken into account:
a. Any ancillary benefit which is not directl~ related to retirement
income benefits:
b. Anv other benefit not required under ~415(b)(2) of the code
and regulations thereunder to be taken into account for pur-
poses of the limitation of &415(b)(l) of the code.
(2) Participation in other defined benefit pLans.
The linlitation of this section with reSj2ect to any nartici12ant who at any time
has been a participant in any other defined henetit plan (as detined
in &414(j) of the code) maintained by the city shall apply as if the total
benefits payable under all defined benefit plans in which the participant has
been a participant were payable from one (1 ) plan.
(3) Ad;ustments in limitations.
a. In the event the participant's retirement henefits hecome payable
before age 62. the $90.000.00 limitation prescribed by this section
shall be reduced in accordance with regulations issued hy the
Secretary of the Treasury pursuant to the provisions of ~415(b) of the
code. but not less than $75.000.00. if the bene tit begins at or after aRe
55. In the event the participant's retirement benefit becomes payable
before age 55, the $75,000.00 limitation shall be reduced from age 55
in accordance with regulations' issued by the Secretarx of the Treasurv
pursuant to the provisions of ~415(b) of the code. A participant with
at least fifteen ( 15) y'ears of Credited Service may not have the benefit
reduced below $50.000.00.
b. In the event a police officer or firefighter participant's benefit is based
on at least fifteen (15) years of credited service, the adiustments
provided for in a. above shall not apply.
c. The reductions provided for in a. above shall not he applicable to
disability benefits paid pursuant to Section 2.397(c). or pre-retirement
death benefits paid pursuant to section 2.397(e).
d, In the event the participant's retirement benefit becomes payable after
age 65. for purposes of detern1ining whether this benefit meets the
limitation set forth in subsection (1) herein, such benefit shall be
adiusted so that it is actuariaIly equivalent to the benefit beginning at
Ordinance 6563-00
16
age 65. This adjustment shall be made using an assumed interest rate
of five percent and shall be made in accordance with regulations
promulgated bv the Secretarv of the Treasury or his delegate.
(A) Less than ten (1 0) years of service.
The maximum retirement benefits pavable under this section to any
participant who has completed less than 10 veal'S of credited service with the
city shall be the amount determined under subsection (1) of this section
multiplied by a fraction. the numerator of which is the number of the
participant's years of credited service and the denominator of which is ten
( 10), The reduction provided for in this subsection shall not be applicable to
disability benefits paid pursuant to section 2.397(c). or pre-retirement death
benetits paid pursuant to section 2 .397( e).
(5) Ten thousand dollar ($10,000) limit.
Notwithstanding the foregoing, the retirement benefit payable with respect to
a participant shall be deemed not to exceed the limitations set forth in this
section if the benefits payable. with respect to such participant under this
plan and under all other qualified defined benefit nension plans to which the
city contributes, do not exceed $10.000.00 for the applicable plan year and
for anv prior plan year and the city has not at any time maintained a qualified
defined contribution plan in which the participant participated.
(6) Participant in defined contribution plan.
In any case where a participant under this plan is also a participant in a
"Defined Contribution Plan" as defined in ~414(i) of the Code, maintained
by the city. the sum of the "Defined Benefit Plan Fraction" and the "Defined
Contribution Plan Fraction" (both as defined in ~415(e) of the Code) shall
not. subiect to the restrictions and exceptions contained in ~2004 of the Act.
exceed 1.0. This limitation is repealed effective January 1. 2000.
(7) Reduction of benefits.
Reduction of benefits and/or contributions to all plans. where required. shall
be accomplished by first reducing the participant's benefit under any defined
benefit plans in which participant participated. such reduction to be made
first with respect to the plan in which participant most recently accrued bene-
fits and thereafter in such priority as shall be determined by the board and
the plan administrator of such other plans. and next, by reducing or allo-
cating excess forfeitures for defined contribution plans in which the
participant participated. such reduction to be made first with respect to the
plan in which particiQant most recently accrued benefits and thereafter in
such priority as shall be established by the board and the plan administrator
for such other plans provided. however. that necessary reductions may be
made in a different manner and priority pursuant to the agreement of the
board and the plan administrator of all other plans covering such participant.
Ordinance 6563-00
17
~
i2l
(8) Cost-or-living ad;ustments.
The limitations as stated in subsections (1). (2). (3) and (6) herein shall be
adiusted to the time pavment of a benefit begins in accordance with any cost-
of-living adiustments prescribed by the Secretary of the Treasury pursuant to
~415(d) of the code.
This subparagraph ~ i2.l shall apply to the amount of benefit (as such term
is described below) under this plan for any participant who is considered a
restricted participant (as such term is described below). Such benefit shall be
limited to an amount equal to the payments that would have been made on
behalf of the restricted participant under a life annuity form of payment that
is the actuarial equivalent of the restricted participant's accrued benefit under
the plan.
a, For purposes of this subparagraph ~ {2}, the term lIbenefit" shall
include retirement income provided by the plan, plus loans in excess
of the amounts set forth in Section 72(p)(2)(A) of the Internal
Revenue Code, any periodic income, any withdrawal values payable
to a living participant and any death benefits not provided for by
insurance on the participant's life.
b, For purposes of this subparagraph ~ ill, the term "restricted
participant" shall mean all highly compensated employees. In anyone
plan year, the total number of participants whose benefits are subject
to restriction under this subparagraph ~ ill shall be liInited by the
plan to a group of not less than 25 highly compensated employees
with the greatest compensation.
c. Notwithstanding the foregoing, the limitations set forth in this
subparagraph f21 {2} shall not restrict the current payment of the full
amount of retirement income provided by the plan if:
1. After payment to a restricted participant of all of the benefit
described above, the value of plan assets equals or exceeds 100
percent of the value of current liabilities, as defined in Section
412(1)(7) of the Internal Revenue Code, or
2. The value of the benefit described above for a restricted
participant is less than one percent of the value of current
liabilities, as defined in Section 412(1)(7) of the Internal
Revenue Code.
(g) Forfeiture of oension
(1) Any participant who is convicted of the following offenses committed prior
to Retirement. or whose employment is terminated by reason of his admitted
commission. aid or abetment of the following specified offenses. shall forfeit
all rights and benefits under this plan. except for the return of his
accumulated contributions as of the date of termination. Specified offenses
are as follows:
a, The committing, aiding or abetting of an embezzlement of public
funds.
- ,
Ordinance 6563-00
18
".),
b. The committing. aiding or abetting of any theft by a public officer or
employee from employer:
c. Bribery in connection' with the employment of a public ofticer or
employee:
d. Anv felonv specified in Chapter 838, Florida Statutes.
e. The committing of an impeachable offense.
f. The committin{! of any felony by a public officer or employee who
willfully and with intent to defraud the public or the public agency.
for which he acts or in which he is employed. of the right to receive
the faithful performance of his duty as a public officer or en1ployee.
realizes or obtains or attempts to obtain a profit, gain. or advantage
for himself or for some other person through the use or attempted use
of the power, rights. privileges. duties or position of his public office
or employment position.
(2) Conviction shall be deti.ned as an adiudication of guilt by a court of
competent jurisdiction: a plea of guilty or a nolo contendere: a iury verdict of
guilty when adjudication of guilt is withheld and the accused is placed on
probation: or a conviction by the Senate of an impeachable offense.
(3) Court shall be defined as any state or federal court of competent iurisdiction
which is exercising its jurisdiction to consider a proceeding involving the
alleged commission of a specified offense. Prior to forfeiture. the board
shall hold a hearing on which notice shall be given to the participant whose
benefits are being considered for forfeiture. Said particigallt shall be
afforded the right to have an attorney present. No formal rules of evidence
shall apply, but the participant shall be afforded a full opportunity to present
his case against forfeiture.
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( 4) Any participant who has received benefits from the plan in excess of his
accumulated contributions after participant's rights were forfeited shall be
required to pay back to the plan the amount of the benefits received in excess
of his accumulated contributions. The board may implement all l~gal action
necessary to recover such funds.
~ ~:.;: I
j;}i; ~~;
l,:,i~J~"';,.
~~}:~~~
':..:'~~~~ ~
.... " ~:
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(5) Conviction and forfeiture; false. misleading or fraudulent statements [or
police officer and firefighter participants
a. It is unlawful for a person to willfully and knowingly make. or cause
to be made.or to assist, conspire with. or urge another to make. or
cause to be made. any false, fraudulent. or misleadill&-QIal or written
statement or withhold or conceal material information to obtain any
benefit from the plan.
'~~':~\.~::.
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b. A person who violates subsection a. commits a misdemeanor of the
first degree. punishable as provided in Section 775.082 or Section
775.083 , Florida Statutes.
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c. In addition to anv applicable criminal penalty , upon conviction for a
violation described in subsection a. , a pol ice officer or firefi ghter
Q.articipant or Beneficiary of the plan may. in the discretion of the
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Ord ioance 6563-00
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"::}" ., ',; I)"\~~-j.{;: :"i.. .,," .. . .. . .::: ;.;;~ .; 'I; ;', ~i.;\kr;l,;!~ ;\\;~::":;~/~~;t~'~":~:>'::<;\;:',.':;,'{j,!/:,,
Board. be required to forfeit the right to recei ve any or all benefits to
which the person would otherwise be entitled under the plan. For
purposes of this subsection. "conviction" means a determination of
guilt that is the result of a plea or trial. regardless of whether
adiudication is withheld.
Section 5. Chapter 2, Administration, Article V, Employee Benefits, Division 3,
Employees' Pension Plan, of the Code of Ordinances of the City of Clearwater is hereby
amended by amending Section 2.398, Time and manner of benefit payments, subsections
(a)(l)c., and (b)(2), to read as follows:
c,
(2)
a.
The amount of the disability benefit to which a participant is
entitled under paragraph (c) of section 2.397 shall commence
as of the end of the month that next follows the later of (1) the
month in which a determination is made as to the participant's
disability or (2) the month in which the participant terminates
employment, continuing as of the last day of each month
thereafter during his lifetime and the lifetime of his
beneficiary, if any, with 120 payments guaranteed;
2. No payment shall be made with respect to the month in which
a determination is made as to the participantts disability or the
nlonth in which the participant terminates employment;
provided, however, that a full monthly payment will be made
for the month in which the participant or his beneficiary dies.
1.
~ Provided, however. the disabilitv retiree may select, at any
time prior to the date on which benefit gayments begin, an
optional form of benefit payment as described in Section 2,398
(b)(2) I or 3. which shall be the actuarial equivalent of the
normal form of benefit.
In lieu of the normal form of payment described in subparagraph (l)a.
above, a participant's retirement, disability or tern1ination of
employment benetlt may be paid in one of the following optional
forms as elected by the participant. The optional forms, which shall
be the actuarial equivalent of the benefit that would otherwise be paid
to the participant, are as follows:
1, Monthly income payments for the life of the participant.
2. Monthly incolne paynlents for a ten years certain and life
thereafter, under which the participant receives payments
during his lifetime and, if he dies after he has begun to receive
payments but before he has received 120 payments, the
remaining paYInents shall be made to his designated
beneficiary; provided, further, that if the designated
beneficiary predeceases t.he participant, the participant may
designate a new beneficiary to receive any payments due after
his death. If the participant does not designate a new
beneficiary, the payments required under this option following
the participant's death shall be paid to the participant's estate.
If the designated beneficiary begins to receive payments under
this option and such designated beneficiary dies before the end
Ordinance 6563-00
20
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of the ten-year period, the remaining payments shall be paid to
the designated beneficiary I s estate.
3. Monthly income payments for the life of the participant and,
after his death, a survivor annuity payable for the life of the
participant's designated beneficiary equal to 100 percent, 75
percent, 66 2/3 percent or 50 percent of the amount payable to
the participant. Police officer and firefighter participants shall
be permitted to change his ioint annuitant as provided for in
175.171. 175.333. 185.161 and 185,341.
b. Each participant shall have the right to designate a beneficiary for
purposes of the optional forms of benefit payment described in this
paragraph and to revoke any such designation. Each designation or
revocation shall be evidenced by written instrument filed with the
committee and shall be effective upon filing with the committee.
Section 6. If any provision of this ordinance or any policy or order thereunder of
the application of such provision to any person or circumstances shall be held invalid, the
remaInder of this ordinance and the application of such provision of this ordinance or of
such policy or order to persons or circumstances other than those to which it is held invalid
shall not be affected thereby.
1999.
Section 7. This ordinance shall become effective retroactively on Decernber 31,
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Brian J. Aungst
Mayor-Commissioner
Approved as to form:
Attest:
"
'/ "f..'Y
Pamela K. Akin
City Attorney
~t-
Cynthia E, Goudeau
City Clerk
Ordinance 6563-00
21
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Item #35
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Clearwater City Commission
Agenda, Cover Memorandum
Worksession Item #:
35
Final Agenda Item #
Meeting Date:~. 1- 00
SUBJECT/RECOMMENDA TION:
Adopt Resolution 00-19 providing for the sale of not to exceed $51 million Infrastructure Sales Tax
Revenue Bonds,
IE and that the appropriate officials be authorized to execute same.
SUMMARY:
. The "Penny for Pinellas" project list identifies several projects which are anticipated to be funded
through the issuance of Infrastructure Sales Tax Revenue Bonds. One of these projects is the
Memorial Causeway Bridge replacement.
. This resolution authorizes the City to proceed to validate the issuance of bonds for this project
through the courts. Once validated, a final resolution will be brought forward authorizing the sale of
the bonds,
. The amount of bonds authorized in this resolution is a "high end" estimate. This City will reduce this
amount to the actual amount needed in the subsequent resolution, but cannot increase this amount
once val idated.
e This resolution provides for the issuance of not to exceed $51 million in bonds to finance the
1/ Memorial Causeway Bridge" project. This amount is calculated as follows (rounded up to the next
million):
Current approved project cost ($40.9) increased by 8 % $44,000,000
Debt Service Reserve Fund (used to pay final debt payment) 5,016,500
Cost of Bond Issuance 25.3,430
Underwriter's and Original Issue Discount 578,890
Bond Insurance 316.180
Total Bonds Needed $50,165,000
. Pinellas County has committed to reimburse the City for $10 million or the cost of the Bridge. The
State of Florida has committed to reimburse the City $13 million. Federal funding for a portion of the
cost is also anticipated.
o This resolution also provides for the City to expend funds prior to issuance of the bonds and to be
reimbursed with bond proceeds.
. The complete resolution is available in the City Clerk Department.
Reviewed by: lJ-ft" Originating Dept: Costs
legal Info Srvc N/A Finance ,.... _.. .- Total
Budget N/A Publ ic Works N/A User Dept. /J? );/9 Funding Source:
--
Purchasing N/A DCMlACM Public Works Cu rrent FY CIP
Risk Mgmt N/A Other N/A Attachments or
Resolution 00-19 Other
Submitted by: .......
- o None
City Manager ,.- Appropriation Code;
.
II
C~ Printed on recycled paper
Rev. 2/98
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RESOLUTION NO. 00-19
A RESOLUTION PROVIDfNG FOR THE SALE OF NOT TO EXCEED $51
MILLION INFRASTRUCTURE SALES TAX REVENUE BONDS; APPROVING
THE SERIES 2000 PROJECT; PROVIDING THAT SUCH BONDS SHALL BE
ISSUED IN FULL BOOK ENTRY FOR1\1; ESTABLISHING ITS INTENT TO
REIMBURSE CERTAIN PROJECT COSTS INCURRED WITH PROCEEDS OF
FUTURE TAX-EXEMPT FINANCING; AUTHORIZrNG THE VALIDATION OF
THE BONDS; PROVIDING CERTAIN OTHER MATTERS IN CONNECTION
THEREWITH; M'D PROVIDING AN EFFECTIVE DATE.
WHEREAS, on May 6, 1999, the City Commission of the City ofCleaIwater, Florida (the
"City" or the "Issuer") enacted Ordinance No.6352-99 (the "Bond Ordinance") to provide for the
issuance of City's Infrastructure Sales Tax Revenue Bonds, Series [to be determined] in one or more
series from time to time payable from Sales Tax Revenues (as defined therein); and
WHEREAS, the City previously designated the initial project (the "Series 1999 Project"),
to be financed with the first series of bonds, the "Infrastructure Sales Tax Revenue Bonds, Series
1999" (the "Series 1999 Bonds"); and
WHEREAS, it is in the best interest of the City to designate a second project (the "Series
2000 Project"), the costs of which is to be financed, in part, with the proceeds of the "Infrastructure
Sales Tax Revenue Bonds, Series 2000," (the "Series 2000 Bonds"); and
'WHEREAS, it is in the best interest of the City to provide for the public sale of not to exceed
$51 million of Series 2000 Bonds;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY
OF CLEARWATER, FLORlDA, AS FOLLOWS:
SECTION 1. FINDINGS. The City Commission hereby finds and detennines:
A. The City Commission has previously determined the necessity to replace the
Memorial Causeway Bridge (the "Bridge") in Resolution No. 96-38, adopted May 2, 1996,
the City's intent to replace the bridge T..vithin four to five years in Resolution No. 96-28,
adopted ~Iarch 21, 1996 and entered into a Joint Participation Agreement with the Florida
Department of Transportation to construct the Bridge in Resolution No. 97-41, adopted on
June 19, 1997, each said decision being reached while receiving, public input, comments and
advice from professionals generally recognized to be experts in matters relating to bridge and
road design and traffic flow patterns and needs, as well as comments from the citizens of the
City in relation to the Bridge and/or the project now denoted as the Series 2000 Project.
B. The City and Pinellas County (the "County") have entered into an lnterlocal
Agreement whereby the County is providing funding assistance in an amount not to exceed
$10,000,000 for conlpletion of the Project.
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C. Based on the extensive infonnation received by the members of the City
Commission through such public input and in reports of the professionals engaged by the
City, the City Commission hereby determines that the Series 2000 Project, as hereinafter
approved, is necessary for the continued health and safety of the citizens of the City and
visitors to the City and that the construction of the Series 2000 Proj ect and the financing
thereof with proceeds of the Series 2000 Bonds is in furtherance of the public health and
safety of the citizens of the City of Clearwater.
SECTION 2. AUTHORIZATION OF BOl'.fDS, SERIES DESIGNATION. Thatportion
of the Infrastructure Sales Tax Revenue Bonds, Series [to be detem1ined] authorized by the Bond
Ordinance being offered pursuant to this resolution is hereby designated as the not to exceed $51
million City of Clearwater, Florida, Infrastructure Sales Tax Revenue Bonds, Series 2000 (the
"Series 2000 Bonds"), which Series 2000 Bonds are hereby authorized to be issued, The proceeds
of the Series 2000 Bonds shall be used to pay (i) a portion of the costs of the 2000 Project (as
hereinafter identified), (ii) the costs of issuing the Series 2000 Bonds, (iii) the premium on the Bond
Insurance Policy, if any and (iv) the premium for the debt service reserve fund surety bond or to
make a deposit to the Reserve Fund. The proceeds ofthe Series 2000 Bonds not required to pay the
amounts described in clauses (ii) through (iv) in the immediately preceding sentence shall be
deposited into the subaccount in the Construction Fund (created by the Bond Ordinance) for the
2000 Project.
SECTION 3. AUTHORIZATION OF SERIES 2000 PROJECT. The Series 2000
Project, consisting of those capital projects and improvements set forth on Exhibit A attached hereto,
the costs of which are to be paid, in part, with the proceeds of the Series 2000 Bonds, is hereby
approved by the City Commission of the Issuer. Such approval is consistent with the prior actions
of the Issuer, as set forth in Section 1, paragraph A above.
SECTION 4. BOOK ENTRY ONLY BONDS. It is in the best interest of the City and the
residents and inhabitants thereof that the Series 2000 Bonds be issued utilizing a pure book-entry
system of registration. In furtherance thereof, the City has previously executed and delivered a
Blanket Letter of Representations with the Depository Trust Company. For so long as the Series
2000 Bonds remain in such book entry only system of registration, in the event ofa conflict between
the provisions of the Bond Ordinance and of the Blanket Letter of Representations, the terms and
provisions of the Blanket Letter of Representations shall prevail.
SECTION 5. DECLARATION OF INTENT. The Issuer hereby expresses its intention
to be reimbursed from proceeds of a future ta.~-exempt financing for capital expenditures to be paid
by the Issuer in connection with the construction of the Series 2000 Project. Pending
reimbursement, the Issuer expects to use funds on deposit in its general funds and other funds legally
available to pay a portion of the cost of the Series 2000 Project. It is not reasonably expected that
the total amount of debt to be incurred by the Issuer to reimburse itself for expenditures paid with
respect to the Series 2000 Project will exceed 551 million. This Resolution is intended to constitute
a "declaration of official intent" within the meaning of Section 1.150-2 of the lncome Tax
Regulations.
2
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SECTION 6. VALIDATION AUTHORIZED. The City's Bond Counsel, in consultation
with the City Attorney, is hereby authorized and directed to file, on behalf of the City, a Complaint
in Validation of the Series 2000 Bonds, in accordance with the procedures set forth in Chapter 75,
Florida Statutes.
[Remainder of page intentionally left blank]
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SECTION 9. EFFECTIVE DATE. This resolution shall take effect immediately upon
adoption.
Passed and adopted this
day of May, 2000.
Brian J. Aungst
Mayor-Commissioner
Approved as to form:
Attest:
Ildia~AYJn
City Attorney
Cynthia E. Goudeau
City Clerk
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EXHIBIT A
DESCRIPTION OF SERIES 2000 PROJECT
The Series 2000 Project shall consist of (i) acquisition by the City on behalf of, or acquisition
directly by the State of Florida Department of Transportation of right of ways and other related
interests in land, and (ii) the planning, construction and demolition associated with the resiting and
rebuilding of the Memorial Causeway East Bridge.
J:\BONDS\2000\3138\Rcsolutions\RESO-2, WPD
April 24. 2000
fvJ d-
Clearwater City Commission
Agenda Cover Memorandum
Worksession Item #.
Final Agenda Item #
3~
Meeting Date:
6/1/00
SUBJECT/RECOMMEN DA liON:
Pass Ordinance /16562-00 on first reading increasing domestic water, lawn water and wastewater
collection utility rates by 6.6 percent beginning 7/1/00
-.l8L and that the Llppropriate officials be authorized to execute same.
SUMMARY:
· The increase is necessary to provide funding to maintain compliance with debt seNice coverage
requirements and for the continuation of capital improvement projects to expand the reclaimed water
system, upgrade the water pollution control facil ities, and rehabilitate the wastewater collection systems
because of aging facilities and regulatory requirements.
II The last rate study called for a 3 % rate increase for domestic water, lawn water, and wastewater collection
utility rates and was effective 10/01/98 by ordinance. At that time, it was anticipated that a 9.7% increase
would be required in 2000, 8.8% increases in 2001 and 2002, and 3.1% in 2004. Subsequent to that
study, changes were made to the operating and capital plans and there was a significant refunding of
existing debt which necessitated adjustments to the rate study.
· Burton and Associates has completed a water and wastewater collection utility rate study to cover five
years of operations. The Burton & Associates Rate Study recommends a 6.6 per cent rate increase per year
for five years in order to have sufficient funds to cover debt service, operation costs, and capital
improvement projects. This ordinance will authorize the first year increase of 6.6 percent to be effective
7/1/00.
. The necessity of future rate increases will be determined by an independent study of the Utilities
Department operating and capital improvement programs. The Utilities Department is proposing to hire a
consultant using the RFP process to complete a comprehensive cost analysis of the water and sewer
systems. The analysis will benchmark national averages as reported by organizations such as APWA
(American Public Works Association) and AWWA (American Water Works Association), and will establish
funding levels to ensure the continued operation and maintenance of the water and sewer systems based
on a long range plan.
· In addition to the cost analysis, a rate structure study by Burton & Associates is proposed. The current
structure for water and sewer rates is not compatible with national standards, and should be adj usted to
allow a more equitable distribution of the costs among all users.
Public Works
DCM/ACM
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Originating Dept.: "',
F'VII A - Public Utilities i/ /) If
User Dept.: ,. 0
FTWA - Public UtilitieS"lj'. ,
'" ,;
Costs
Reviewed by: .',
Legal c. ~"1 /,/
Budget .'
Purchasing
Risk Mgmt N/A
Info Srvc
Total
Cu rrent FY
Funding Source:
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Attachments Ordinance
Other
Submitted bY:.;/."
City Manager /~ "-~ .~.".
-
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Imr..9priation COOP'
ORDINANCE NO. 6562-00
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, RELATING" 'TO THE SCHEDULE FOR
DOMESTIC WATER, LAWN WATER AND WASTEWATER
COLLECTION UTILITY RATES i AMENDING APPENDIX
A, ARTICLE XXV PUBLIC WORKS - FEES, RATES AND
CHARGES; SECTION (3) (a) WATER RATES AND
SECTION (3) (b) WASTEWATER COLLECTION UTILITY
RATES, CLEARWATER CODE OF ORDINANCES;
PROVIDING AN EFFECTIVE DATE,
BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF CLEARWATER, FLORIDA:
Section I. Appendix A, Article XXV, PUBLIC WORKS--FEES,
RATES AND CHARGES, Section (3) (a) Water Rates, Clearwater Code of
Ordinances, is amended as follows:
(3) Rates:
(a) Water rates. Water rates for all water furnished
by the city shall be as follows:
1. Domestic water rates shall be the following
based on monthly consumption and will take
effect on July 1, 2000 October 1, 1998, as
shown in the following table, and shall
remain in effect thereafter unless amended:
Meter Size
October 1, 1998
July 1, 2000
Under l-inch:
Minimum
charge with
usage up to
400 cubic
feet
'$ 7. 08
$
7.52
Plus, from
401 to
1,200 cubic
feet, per
100 cubic
feet
2.15
2.29,
Ordin'ance 6562.00
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Plus, from 2.55 2.72
1,201 cubic
feet up,
"
per 100 ..
cubic feet '.,
1-inch:
Minimum 15.93 16.92
charge with
usage up to
900 cubic
feet
Plus, from 2,15 2.29
901 to
5,400 cubic
feet, per
100 cubic
feet
Plus, from 2,55 2.72
5,401 cubic
feet up,
per 100
cubic feet
1 1/2-inch:
Minimum 2J7.18 251.92
charge \'lith
usage up to
13,400
cubic feet
Plus, from 2.15 2.29
13,401 to
18,700
cubic feet,
per 100
cubic feet
Plus, from 2.S5 2.72
18,701
cubic feet
up, per 100
cubic feet
2
Ordinance 6562-00
2-inch:
.
14inimum '" 550.17 584,68
charge with
usage up to
31,100
cubic feet
Plus, from 2,:5 2,29
31,101 to
45,800
cubic feet,
per 100
cubic feet
Plus, from 2.55 2.72
45,801
cubic feet,
per 100
cubic feet
3-inch or 2-inch in
manifold:
Minimum -849.60 902.40
charge with
usage up to
48,000
cubic feet
Plus, from 2.15 2,29
48,001 to
63,400
cubic feet,
per 1.00
cubic feet
Plus, from 2.55 2.72
63,401
cubic feet
up, per 1.00
cubic feet
4-inch:
Minimum l,GJ5.oi8 l,737.J.2
charge with
usage up to
92,400
cubic feet
3
Ordinance 6562-00
"
'!
Plus, from 2.~S 2.29
92,401 to
130,900
cubic feet, "
per 100 '"
cubic feet
Plus, from 2.S5 2.72
130,901
cubic feet
up, per 100
cubic feet
6-inch:
Minimum ~/200.2~ 4/461.24
charge with
usage up to
237,300
cubic feet
Plus, from 2.15 2,29
237,301 to
,
270,700
cubic feet,
per 100
cubic feet
Plus, from 2. S5 2,72
270,701
cubic feet
up, per 100
cubic feet
8-inch:
, Minimum 7-, 0 GO. 0 0 7,520.00
charge with
usage up to
400,000
cubic feet
Plus, from 2.15 2.29
400,001 to
456,300
cubic feet,
per 100
cubic feet
4
Ordinance 6562-00
Plus, from
456,301
cubic feet
up, per 100
cubic feet
2.55
2,72
2. Lawn water meters. Lawn water rates shall be
as follows:
Lawn meter size.
Under l-inch:
Base charge, with no ~ 2.52 $ 2,69
water allowance . . . .
Plus, up to 200 2.JO 2.45
cubic feet, per 100
cubic feet
Plus, from 201 cubic ],lG 3.37
feet up, per 100
cubic feet. . . .
1-inch:
Base charge, with no 7.57 8.07
water allowance . . . .
Plus, up to 900 2,30 2.45
cubic feet, per 100
cubic feet
Plus, from 901 cubic -3.1G 3.37
feet up, per 100
cubic feet
1 1/2-inch
Base charge, with no 37.05 40.35
water allowance.., .
Plus, up to 1,200 2.30 2,45
cubic feet, per 100
cubic feet....
5
Ordinance 6562-00
, . t " . t, ,t,' '. '. ','. .' ... 1 I '~ r'\' I \ . \ ,.;": I \ \ . . , ~r '. ", \ 'l '. "" , , -:. < I " I! '"
Plus, from 1,201 3.~G 3.37
cubic feet up, per
100 cubic feet. . . .
- -
2-inch: -
Base charge, with no 1:-05.99 112.99
water allowance.. ..
Plus, up to 5,400 2,:0 2.45
cubic feet, per 100
cubic feet. . . .
Plus, from 5,40~ J.~G 3.37
cubic feet up, per
100 cubic feet. . . ,
3-inch or two 2-inch in manifold:
Base charge, with no 209.45 223.27
water allowance. . . .
Plus, up to 13,400 2.3& 2,45
cubic feet, per 100
cubic feet, . . .
Plus, from ~3,401 J.~G 3.37
cubic feet up, per
100 cubic feet. . . ,
4-inch:
Base charge, with no 40J.7G 430.41
water allowance.. ..
Plus, up to 31,~00 2.30 2,45
cubic feet, per 100
cubic feet, . . .
Plus, from 31,101 J.~G 3,37
cubic feet up, per
100 cubic feet. . . .
6-inch:
Base charge, with no 1,218.G5- 1,299,29
water allowance... .
6
Ordinance 6562-00
Plus, up to 48,000
cubic feet, per 100
cubic feet,...
Plus, from 48,001
cubic feet up, per
100 cubic feet....
2.30
2.45
'.
,] . 1 G
3.37
3 .
Standby and other charges for fire protection
systems. For fire hydrants and fire
protection systems on private property
connected to the city water system, the
customer shall pay a monthly standby charge
as set forth in the following,table:
Facility
Monthly
Charge
Fire hydrants, per hydrant....
$ 5.00
Fire protection systems, based on fire
line size, per building:
6 inches or
less. . . .
5.00
8 inches,...
9.00
10 inches....
l4.00
12 inches or
larger. . . .
20.00
Water drawn from a fire line and used for
purposes other than firefighting will be
charged at the lawn meter rate if the water
does not enter the sewer system, or the
domestic rate if the water enters the sewer
system. Such charges shall be in addition to
the monthly standby charges.
4. Service out of municipal limits. Accounts
outside of the corporate limi ts of the city
shall be subject to a surcharge equal to 25
percent of the monthly charges.
7
Ordinance 6562-00
5, A charge of the monthly minimum for a 1 1/2-
inch water meter is required for a deduct
meter for air conditioning cooling water and
similar purposes, but not for lawn irrigation
purposes. This charge shall be required only
where a separate irrigation meter cannot be
set in the right-af-way or easement and the
meter reader must physically read and deduct
consumption for billing purposes,
6. The water rates shall be adjusted
periodically to recover any increased cost to
supply water due to changes in the wholesale
rate the city pays for water. Any such
adjustment shall be a proportionate increase
based upon the ratio of water the city buys
wholesale to total system water, Such rate
adjustment shall be recommended by the public
works administrator and approved by the city
manager, and a copy shall be filed with the
city clerk following approval.
7. Annual indexing of water rates and lawn water
rates. Water and lawn water rates may be
adjusted annually on October 1 based on the
Price Index for Water and Wastewater
Utilities established each year by the
Florida Public Service Commission (FPSC). The
maximum rate adjustment based on the Price
Index for Water and Wastewater Utilities is
3 .5 percent. Such rate adj ustment shall be
recommended by the city manager for approval
by the city commission by ordinance, ~
. . ., ...:l . ~ '\....
J.nJ. tJ.a..... <:r......J u.:Jtmcnt pur:Juant ,-0 t.uJ.D
sub:Jcction .:Jhall be effective Octobcr 1, 1999
ba3cd upon thc 1999 ['ricc Index for Water and
Wa3tc~ater Utilitics to bc e3t~bli.:Jhcd by the
proSc in 1999.
8. Dormant accounts. The monthly charge for a
dormant lawn water account shall be at the
applicable water lawn base charge for the
size of meter at the premises.
Section 2. Appendix A, Article XXV, PUBLIC WORKS--FEES,
RATES AND CHARGES, Section (3) (b) Wastewater Collection Utility
Rates, Clearwater Code of Ordinances, is amended as follows:
(b) Wastewater collection utility rates.
1. There is hereby established a uniform
schedule of rates and charges for the use or
availability of use of the wastewater
collection system. The wastewater collection
8 Ordinance 6562-00
,'"I ",.,t :"
utility rate shall be a monthly fee
consisting of a minimum charge for an
assigned volume of domestic water associated
with each' water meter size, shown as the
basic allowance in the following table, plus
a charge per 100 cubic feet for water
consumed above the assigned volume. Such
rates shall take effect on May 1, 2000
October I, 1998, as shown in the following
table, and shall remain in effect thereafter
unless amended:
Base Monthly Charge With or Without Consumption
Size of Meter
October 1,.
1990
July 1, 2000
Basic
Allowance
(cubic feet)
Under I-inch
~
9.72
$
10.36
400 or less
~
l-inch
21.87
23,31
900 or less
1 ~-inch
J25.G2
347.06
13,400 or less
2-inch
755.7J
805.49 .
31,100 or less
3-inch or 2 2-
inch manifold
1,lCC,4D
1,243.20
48,000 or less
4-inch
2,245.J2
2,393.16
92,400 or less
6-inch
5,76C.J9
6,146.07
237,300 or
less
8-inch
9,720.00
10,360,00
400,000 or
less
Charge per'lOO
cubic feet of
water used
over the basic
allowance
2.4J
2,59
2. Service outside of the municipal limits.
Accounts outside the corporate limits of the
city shall be subject to a surcharge equal to
25 percent of the monthly wastewater
collection utility charges.
9
Ordinance 6562-00
3. The wastewater collection utility rate
schedule shall be reviewed by the city
commission as a part. of the annual fiscal
budget preparation to ensure that adequate
revenues are generated to pay the costs of
operation, maintenance and outstanding bond
service requirement.s.
4. The wastewater collection charges provided in
this section shall not apply to sprinkler
irrigation systems separately metered or
deduct meters,
5. Basis where water is unmetered. For accounts
existing as of the effective date of this
article, at premises which have a source of
water other than city water system, where the
spent or used water from which goes into the
wastewater collection system, the customer
shall pay a charge according to the schedule
provided in this section, based upon an
estimate of the amount of water going into
the wastewater collection system. In the
event of a disagreement as to the amount of
such water reaching the wastewater collection
system, then a metering device or devices
shall be installed at the customer's expense
to determine that amount. For accounts
established after the effective date of this
article, the customer shall install at the
customer's expense a water meter on the water
service line, which meter shall be accessible
to city employees for the purpose of reading
the meter. Water consumption measured by such
meter shall be the basis for the wastewater
collection charges for the premises.
6, Annual indexing of wastewater collection
utility rates, Wastewater collection utility
rates may be adjusted annually on October 1
based on the Price Index for Water and
Wastewater Utilities established each year by
the Florida Public Service Commission (FPSC).
The maximum rate adjustment based on the
Price Index for Water and Wastewater
Utilities is 3,5 percent. Such rate
adjustment shall be recommended by the city
manager for approval by the ci ty commission
by ordinance. The initi~l Qdju~tfficnt pur3uant
to thi8 8ub3cction ~h~ll be cffective October
1, 1999 ba~cd upon thc 1999 Pricc Index for
'd.J.tcr .J.nd .'l~3tC'vy'J.tcr Utilitics to be-
c:Jt:lbli.3hcd by the PPSC i-n 1.999.
10
Ordinance 6562-00
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y
i
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. i:
7. Dormant accounts. The monthly charge for a
dormant account shall be at the applicable
sani tary sewer base monthly charge for the
size of meter at that premises.
Section 2. This ordinance shall take effect July 1, 2000.
.PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Brian J. Aungst
Mayor-Commissioner
Approved as to form:
Attest:
I
Jo af'assas
sistant City Attorney
Cynthia E. Goudeau
City Clerk
11
Ordinance 6562-00
.
pw3
Clearwater City Commission
Agenda Cover Memorandum
Worksession Item #:
Final Agenda Item # -3 7
Meeti ng Date: ~. I, C>O
SUB JECT/RECOMM EN DA liON:
Adopt Resolution 00-21, authorizing City of Clearwater staff to sign permit applications submitted to the
Florida Department of Transportation (FOOTI, and execute a Certificate of Incumbency and Authority
certifying that those staff represent the City,
IE and that the appropriate officials be authorized to execute same.
SUMMARY:
. The City Public Works/Engineering and the Clearwater Gas System (CGS) do numerous projects in Pinellas
County and CGS does projects in Pasco County within FOOT right-of-way, which must be permitted by
FOOT. These projects include gas, water and sewer main or service line installations for new customer
connections, main relocations, or road crossings.
. The City staff prepares approximately 100 FDOT permit applications annually which require appropriate
authorization on behalf of the City of Clearwater.
. Rescinding existing Resolution 98-41 and adoption of Resolution 00-21 is required by FOOT due to
changes in City staff.
. Approval of Resolution 00-21 and the associated FDOT form for "Certificate of Incumbency and Authority"
will allow appropriate Public Works and CGS management personnel to execute these permit applications
on behalf of the City in a prompt and efficient manner.
Submitted by: C lat.r...fj I "- -ha.-- ~
City Manager "\J~ ryr:S-r<.-
'0 Printed on recycled paper
Originating Dept: ~
Public Works Ad~ratlon
User Dept.
Clearwater Gas System
Public Works Adm' , ta' n
Attachments:
Resolution
Certificate of Incumbency and
Authority
Costs
Total N/A
Reviewed by:
Legal ~_ Info Srvc N/A
i Budget N/A Public 4
Works --,.,...
Purchasing N/A DCM/ACM
Risk Mgmt N/A Other vn.J
Funding Source:
Current FY
N/A
CI
OP
Other
Appropriation Code: N/A
Rev. 2198
RESOLUTION NO. 00-21
A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA,
RESCINDING RESOLUTION 98-41 AND AUTHORIZING CITY OF
CLEARWATER OFFICIALS TO SIGN APPLICATIONS FOR FLORIDA
DEPARTMENT OF TRANSPORTATION (FOOT) PERMITS; PROVIDING AN
EFFECTIVE DATE.
WHEREAS, it is necessary from time to time that officials of the City of Clearwater, including the City
Manager's Office, Public Works Administration, Engineering, and the Clearwater Gas System (a Department of
the City), sign applications for FOOT permits; and
WHEREAS, the City had authorized certain officials to sign applications for FOOT permits by Resolution
98-41; and
WHEREAS, the City of Clearwater wishes to rescind Resolution 98-41 and designate certain officials of
the City of Clearwater as authorized by this Resolution to sign applications for FOOT permits; and
WHEREAS, the City of Clearwater waives the placement of the City seal on all documents signed by
the undersigned representatives and agrees to be bound as fully as if the City seal where affixed;
BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. Resolution 98-41 is hereby rescinded and the City Commission does hereby authorize the
following officials to sign applications for FOOT permits on behalf of the City:
Mahshid D. Arasteh, P.E., Public Works Administrator
Michael D. Quillen, P.E., City Engineer
Gary A. Johnson, Public Services Director
Kevin Becotte, P.E., Director of Public Utilities
Robert F. Guercia, P.E., Civil Engineer III
Charles S. Warrington, Jr., P.E., Managing Director, CGS
Mike Deegan, Gas Service Manager - North Area
PASSED AND ADOPTED this
day of
,2000.
Keith Downs, Gas Service Manager - South Area
Tom Sewell, Director of Gas Operations
Section 2. The City Clerk is hereby directed to forward three (3) certified copies of this resolution to the
Florida Department of Transportation, District VII, 11201 North McKinley Drive, Tampa, Florida 33612-6403.
Section 3. This Resolution shall take effect immediately upon adoption.
Brian J. Aungst
Mayor-Commissioner
~
n Carassas
Assistant City Attorney
Attest:
Cynthia E. Goudeau
City Clerk
Resolution No. 00.21
C~TIFlCATB Ut LN~U~CY AND AU~HORl'rY
I, Brian Aungst, Mayor-Corrani.ssioner of the CITY OF CLEARWATER, do hereby certify that
the person(s) whose name, title, position, and signature appear below are duly elected or
appointed, qualif.ied, and acting representatives of the CITY OF CLEARWATER, a political
subdivision of the State of Florida, and hold, on the date of this Certificate, the offices
set beneath their name; that the signature appearing opposite their name is the genuine
signature of the representative; that the representative is duly authorized for, and on
behalf of the CITY OF CLEARWATER and the Clearwater Gas System ICGS), a department of the
CITY OF CLEARWATER, to execute and deliver any application for permits and all instruments
between the CITY OF CLEARWATER and the DEPARTMENT OF TRANSPORTATION, STATE OF FLORIDA, in
connection therewith; and the execution and delivery of any such permit, and all instruments
in connection therewith, for and on behalf of the CITY OF CLEARWATER, are not prohibited by,
or in any manner restricted by, the terms of the CITY OF CLEARWATER'S Certificate of
Incorporation, , it's bylaws, or of any loan agreement, indenture, or contract to which the
CITY OF CLEARWATER is a party or under which it is bound.
I do further certify that the foregoing authority shall remain in full force and
effect, and said DEPARTMENT OF TRANSPORTATION, STATE OF FLORIDA, shall be entitled to reply
upon same, until written notice of the modification, rescission, or revocation of same, in
whole or in part, has been delivered to said DEPARTMENT OF TRANSPORTATION, STATE OF FLORIDA,
but no such modification, rescission, or revocation shall, in any event, be effective with
respect to any permit docwnents executed, or actions taken, in reliance upon the foregoing
authori ty prior to the deli very to said DEPARTMENT OF TRANSPORT.D..TION, STATE OF FLORIDA,
written notice of said modifications, rescission, or revocation, the CITY OF CLEARWATER,
hereby waives the CITY OF CLEARWATER seal on all permit documents signed by the
representati ve, and agrees to be bound as fully as if the CITY OF CLEARWATER seal were
affixed. Attached is a resolution to this effect.
Names of Representative/Title(s)/
Position(s) of Representative
Signature of Representative
A. Mahshid D. AIasteh, P.E., Public Works Administrator
B. Michael D. Quillen, P.E., City Engineer
C. Gary A. Johnson, CGC, Public Services Director
D. Kevin Becotte, P.E., Director of Public Utilities
E. Robert F. Guercia, P.E., Civil Engineer III
F. Charles S. Warrington, Jr., P.E., Managing Director, CGS
G. Mike Deegan, Gas Service Manager - North Area
H. Keith Downs, Gas Service Manager - South Area
I, Tom Sewell, Director of Gas Operations
IN WITNESS ~OF I have hereunto set my hand and affixed ray seal of the CITY OF
CLEARWATER this day of , 2000.
Attest:
Cynthia E. Goudeau
City Clerk
Brian J. Aungst
Mayor-CornrrQssioner
APPROVED AS TO FORM AND LEGAL SUFFICIENTY:
~~
~sistant City Attorney
'L
l;t.
'1
~
'. '''''. ~ . .~ < .
<.' ,
.". f,
" .. ('
"f'.~I.:r".:F. ~:','.~" y..',."-'..:!L;'.""'-:r.,,\' F
':' '. ~. .....,
Item #38
110??
-:r:A 1-
Clearwater City Commission
Agenda Cover MetllOrandum
Worksession Item #:
Meetin~ Date:
3g
{QJ -00
Final A~enda Item #
SUBJ ECTI RECOM M ENDA TION:
Adopt RESOLUTION NO. 00-24. approvinQ proposed Time Warner Inc. - America On-Una. Inc.
M erQer. QrantinQ a chanQe or transfer in control of the Time Wamer Entertainment -
Advance/Newhouse Partnership (d/b/a Time Warner Communications) Cable Franchise. a subsidiary
of Time Warner Inc.
181 and that the appropriate officials be authorized to execute same.
SUMMARY:
<<>> On November 21, 1996, the City of Clearwater adopted Ordinance 6108-96, granting a
cable franchise to Time Warner Entertainment - Advance/Newhouse Partnership (d/b/a
Time Warner Communications). The Ordinance granted the use of the City of Clearwater
rights-af-way for a term of fifteen (15) years,
. Time Warner Communications submitted documents, dated February 7, 2000, to the City
of Clearwater requesting approval of the proposed merger between Time Warner Inc.
and America On-Line, Inc. The corporate structure of the merger will make Time Warner
Inc., a wholly owned subsidiary of the new holding company, AOL Time Warner Inc.
Upon merger approval and completion, Time Warner Communications will remain a
subsidiary of Tinle Warner Inc.
. The merger approval request and applicable Federal Communications Commission
application documentation are available for review in the City Clerk Department.
Reviewed bY\1Jr Originating Dept.: Costs
Legal \ Info Srvc -NA- City Audit Total -0-
Budget NA Public Works NA User Dept.: Funding Source:
Purchasing NA DCM/ACM City Audit Current FY -0- CI
Risk Mgmt NA Other Attachments OP
--
Resolution 00-24 other
Submitted by: f9:rt- o None
City Manager ~l "S rf2-
RESOLUTION NO. 00-24
3J
A RESOLUTION OF THE CllY OF CLEARWATER,
FLORIDA, APPROVING THE PROPOSED TIME WARNER
INC. AND AMERICA ONLINE, INC. MERGER; PROVIDING
AN EFFECTIVE DATE.
WHEREAS, pursuant to Ordinance 6108.96 adopted November 21, 1996, the
City of Clearwater has a cable franchise with Time Warner Entertainment -
Advance/Newhouse Partnership, doing business as Time Warner Communications, a
subsidiary of Time Warner Inc.; and
WHEREAS, on February 7, 2000, Time Warner Communications submitted
documents to the City of Clearwater announcing the proposed merger of Time Warner
Inc. and America Online, Inc.; and
WHEREAS, in accordance with Section 14(8) of the cable franchise ordinance,
Time Warner is requesting the City's approval of the transfer of control of the company;
therefore,
BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF CLEARWATER, FLORIDA:
Section 1. Pursuant to Section 14(8) of Cable Franchise Ordinance 6108-96
with Time Warner Entertainment-Advance/Newhouse Partnership, the City of
Clearwater hereby consents to the proposed merger of Time Warner Inc. and America
Online, Inc. The merger approval request and applicable Federal Communications
Commission application documentation is attached to this resolution as Exhibit A and is
available for inspection upon request in the City Clerk Department.
Section 2. This resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED this
day of
,2000.
Brian J. Aungst, Mayor-Commissioner
Approved as to form:
Attest:
jJ;~I~
Pamela K. Akin, City Attorney
Cynthia E. Goudeau, City Clerk
Resolution No. 00-24
e
Meeting Date:
39
~. '.00
ED3
Clearwater City Commission
Agenda Cover Memorandum
Final Agenda Item #
SUBJECT/RECOMMENDA liON:
Pass Ordinance No. 6560-00 on first reading, granting FPL FiberNet, L.L.C. a franchise to provide
telecommunications services to business customers in the City of Clearwater,
o and that the appropriate officials be authorized to execute same.
SUMMARY:
o FPL FiberNet, L.L.C. has requested a franchise from the City of Clearwater to provide
telecommunications services to business customers within Clearwater.
. They are constructing a Fiber-optic Sonet based network. For the most part the fiber-optic lines
will be on existing poles.
· The City has the authority to grant a telecommunications franchise pursuant to Florida Statutes S
362,01, Florida Statutes S 337.401, and Chapter 32 of the City of Clearwater Code of Ordinances.
. The franchise agreement is non-exclusive. FPL FiberNet , L.L.C. will obtain the necessary
permits as required by all franchisees for this purpose.
. The franchise is for a 1 O-year term.
. The grantee shall pay an annual franchise fee of $750.00 per linear mile of grantee's system.
. The grantee shall pay the City's standard right-of-way utilization permit fee charges.
Revi6YIed by.
LegaJ ~
Budget NA
Purchasing NA
Risk Mgrnt NA
Info Tech NA
PublicWorks~
DCM/ACM ~ $
Other NA
Originatmg ept:
Economic Development I
U!ief' 0 ept.
Economic Development
Attachments
Costs
N/A
Total
Funding Source:
Capitallmprovemenl
Current Fiscal Year
Operating
Other
. . (\t:\,.~ ~~ ~ Ordinance No. 6560~O
SJbmltted by: ~r' t \' ')
City Manager ,11 -\ "-
~frinted on recyclea7paper
Appropriation Code:
Rev. 2/98
ORDINANCE NO. 6560-00
AN ORDINANCE GRANTING TO FPL FIBERNET, LLC ('GRANTEE"), THE
PERMISSION TO OCCUPY MUNICIPAL STREETS AND RIGHTS-OF-WAY
IN THE CITY OF CLEARWATER, FLORIDA ("GRANTOR"), AS A MEANS
OF PROVIDING TELECOMMUNICATION SERVICE; PRESCRIBING THE
TERMS AND CONDITIONS ACCOMPANYING THE GRANT OF
FRANCHISE; PROVIDING FOR SEVERABILITY OF PROVISIONS; AND
PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
CLEARWATER, FLORIDA:
SECTION 1. Findings.
(A) The Grantor deems it necessary, desirable and in the interest of the health,
safety and welfare of its citizens to establish by ordinance a Franchise granting the
permission to Grantee to occupy Rights-ot-Way in the City of Clearwater, Florida, as a
means of providing Telecommunications Services.
(B) The Grantee is willing to place and maintain its Telecommunications Facilities
within the City under a franchise from Grantor, pursuant to Fla. Stat. 9 362.01 (1998), Fla,
Stat. 9 337.401 (1998), and Chapter 32 ot the City of Clearwater Code.
SECTION 2. Short Title.
This Ordinance shall be known and may be cited as the uFPL FiberNet
Telecommunications Franchise,"
SECTION 3. Definitions.
For the purposes of this Ordinance, the following terms, phrases, words and their
derivations shall have the meaning given herein. When not inconsistent with the context,
words in the present tense include the future tense, words in the plural number include the
singular number, and words in the singular number include the plural number. The word
"shall" is always mandatory and not merely directory.
(A) "Backhaul Network." A physical network of copper, fiber optic or microwave
links that connect Micro or Pica Cell sites to a central switching point or the public switched
telephone network.
(8) IICable Systems" - A facility, consisting of a set of closed transmission paths
and associated signal generation, reception, and control equipment that is designed to
provide cable service which includes video programming and which is provided to multiple
subscribers within a community, but such term does not include:
(1) A facility that serves only to re-transmit the television signals of one or more
television broadcast stations;
1
Ordinance 6560-00
.... ,: J l~.~,\, ..... \'...J.........'\.\l.tf./..:-/~/.. .",', ,,':?' '~..;, ~.'.-J."._, '~"~I'~ ". ~.',." t".:",.,,'f. ,:/?,\',~'.\';"
(2) A facility that serves only subscribers in one or more multiple-unit dwellings
under common ownership, control, or management, unless such facility or
facilities uses any public rights-of-way;
(3) A facility of a common carrier, except that such facility shall be considered
a cable system to the extent such facility is used in the transmission of its
video programming directly to subscribers; and
(4) Any facilities of any electric utility used solely for operating its electric facility
systems.
(C) "Cell Site." The location of a transmitter! receiver and backhaul network
interface system which provides telephone or telecommunications type services to
subscribers. TI1ese locations include single pole-mounted receiverl transmitter units, cable
suspended units, receiver/transmitter units located on new or existing antenna structures,
receiverl transmitter units located in buildings and on roof tops.
(D) "The City" - The City of ClealWater, Florida.
(E) "Emergency" - A reasonably unforeseen occurrence with the potential to
endanger personal safety or health, or cause substantial damage to property, that calls for
immediate action.
(F) "Franchise Area" - That portion of Grantee's service which is within the
corporate city limits of the Grantor.
(G) "Grantee" - FPL FiberNet, LtC eFPL FiberNet"), its successors and assigns.
(H) IlGrantorU - The City of Clearwater, Florida Cthe City").
(I) IlLaw" - Any local, state or federal legislative, judicial or administrative order,
certificate, decision, statue, constitution, ordinance, resolution, regulation, rule, tariff,
guideline or other requirement, as amended, now in effect or subsequently enacted or
issued during the term of this Agreement, including, but not limited to, the Communications
Act of 1934, as amended by the Telecommunications Act of 1996, Pub.L.No. 104-104 S
101 (a), 110 Stat. 70 codified at 47 U.S.C., and all orders, rules, tariffs, guidelines and
regulations issued by the Federal Communications Commission or the governing state
authority pursuant thereto.
(J) IIMicro CeiL" A transmitter/receiver system used to communicate to the
subscriber's handset. Typically with a range 600-1,000 meters.
(K) IIPerson" - Any person, firm, partnership, association, corporation, company
or organization of any kind.
(L) IIPico CeiL" A transmitter/receiver system used to communicate to the
subscriber's hand set. Typically with a range of 200- 600 meters.
2
Ordinance 6560-00
(M) "Recurring Local Service Revenues." Revenues from the recurring charges
for local services provided by Grantee using its Telecommunications Facilities within the
Grantor's rights-of-way.
(N) "Rights-of-Way" - All of the public streets, alleys, highways, waterways,
bridges, easements, sidewalks and parks of the City, as they now exist or may be hereafter
constructed, opened, laid out or extended within the present limits of the City, or in such
territory as may hereafter be added to, consolidated or annexed to the City.
(0) "Telecommunications Company." Every corporation, partnership, and person
and their lessees, trustees, or receivers appointed by any court whatsoever, and every
political subdivision in the state, offering two-way Telecommunications Services to the
public for hire within this state by the use of a Telecommunications Facility.
(P) 'Telecommunications Facilities." Includes real estate, apparatus, and
property used and operated to provide Nvo-way Telecommunications Services to the public
for hire within this State.
(Q) 'Telecommunications Services." Includes, without limitation, local service as
defined in FI. Stat. S 203.012(3) (1998), toll service as defined in FI. Stat. S 203.012(7)
(1998), private communication service as defined in FI. Stat. 9203.012(4) (1998), or any
other provision of two-way communications services to the public for hire.
Telecommunications Services, as contemplated herein, does not include the provision of
service via an open video system, which shall require separate authorizations from the
Grantor.
(R) "Wireless Communication System." Any system which uses form of cellular
telephony which allows business and residential subscribers to access and/or make
telephone calls to each other through the wireless communication system or one of the
public switched telephone networks using cordless telephone devices which communicate
with limited range micro or pico cells (transmitter/receiver sites) connected to a backhaul
network.
SECTION 4. Grant of Authority.
(A) There is hereby granted by Grantor, to Grantee, the right and privilege to
construct, erect, operate, own and maintain, in, upon, along, across, above, over and
under Rights-of-Way now laid out or dedicated, and all extensions thereof, and additions
thereto in the City, poles, wires, cables, underground conduits, manholes and other
Telecommunications Services and utility structures necessary or proper for the
maintenance and operation of its Telecommunications Services. provided that all visible
portions of the same shall conform to the National Electrical Code. This Franchise is
awarded subject to all applicable Law. Grantee and Grantor acknowledge that Grantee's
Telecommunications Services business is subject as a telecommunications common
carrier to the requirements of Fla. Stat. Ann 9364 (West 1995) and the Rules and
Regulations of the Florida Public Service Commission in its intrastate aspects and to 47
U.S.C. 9201 et seq., and the Rules and Regulations of the Federal Communications
Commission in its interstate aspects.
3
Ordinance 6560-00
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(B) This Franchise is for use by Grantee of Grantor's Rights-of-Way for all lawful
purposes related to Grantee's Telecommunications Services business. Grantee agrees
that it shall not, unless allowed specifically by applicable State or Federal law, use
Grantor'cs Rights-of-Way for the operation of a Cable System without a separate franchise
therefor from the City. Grantee also agre~s that without the prior written permission of
Grantor, it will not allow any entity providing a wireless communication system to acquire
rights to occupy Rights-of-Way under this Franchise. This Franchise is for use by Grantee
of Grantor's Rights-of-Way for all lawful purposes related to Grantee's Telecommunications
Services business. Grantor shall not prevent Grantee from using wireless technology to
provide Telecommunications Services, under applicable ordinances and regulations.
(C) Annexation or Contraction. Grantee agrees that the Franchise Area may be
subject to expansion or reduction by virtue of Grantor's annexation or contraction of
municipal boundaries. If Grantor approves any Franchise Area expansion or reduction by
annexation, Grantor will provide notice to Grantee. Grantee must revise its payments due
to any expansion or reduction by annexation within a reasonable time after notice to
Grantee, but no later than sixty (60) days after notice of the effective date of change.
(0) Non-Exclusive Use. The right to use and occupy said Rights-of-Way for the
purposes herein set forth shall be non-exclusive, and the Grantor reserves the right to
grant a similar use of said Rights-of-Way to any person at any time during the period of this
Franchise, so long as such grant is competitively neutral and non-discriminatory, as
required by S 253 of the Telecommunications Act of 1996, with respect to similarly situated
users of the Rights-of-Way.
SECTION 5. Terms of Franchise.
(A) The Franchise and rights herein granted shall take affect and be in force from
and after the final passage hereof, as required by law and upon the filing of an acceptance
by Grantee of all the terms thereof with the Grantor and shall continue in force and effect
for a term of ten (10) years commencing on the date of the signing of this Agreement. This
Agreement shall automatically renew for one (1) additional one (1) year period, unless
either party gives ninety (90) days notice of intent to terminate prior to the end of the ten
(10) year term; provided, however, that the City may not terminate this Agreement unless
Grantee has substantially breached a material provision hereof, which breach shall be
governed by Section 8.
(B) Provided, however, that the Grantor or Grantee at any time during the term
of this Franchise may open applicable terms hereof for good faith renegotiation, except that
modifications to the franchise fee shall be governed by Section 6(A). The party seeking
to reopen the terms of the Franchise shall provide written notice of intent to do so to the
other party. Upon receipt of notice to reopen, the party receiving such notice shall be
required to meet with the other party to review the terms requested and to negotiate in
good faith on such terms. Negotiations on all reopened terms shall be concluded within
a reasonable period of timel but in any event shall be concluded within ninety (90) days
after commencing. Neither party is excused from compliance with the Franchise during
any period of renegotiation or following such renegotiations in the event that the parties do
not agree on new terms. If parties fail to achieve a mutually agreeable resolution, they
reserve their rights to pursue any and all remedies available at law, except as provided in
4
Ordinance 6560-00
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this Section 5(8) or in Section 6(A), with respect to modifications hereto. Neither the
Grantor nor the Grantee shall be deemed to have waived any rights or remedies at law by
virtue of executing this Agreement.
SECTION 6. Payment to Grantor.
(A) In consideration for this Franchise, the Grantee shall pay to the Grantor an
annual Franchise fee of seven hundred fifty dollars ($750.00) per linear mile of Grantee's
System which makes physical use of the Grantor's public Rights-of-Way. When payment
is to be made per linear mile pursuant to Section 6(A), the Grantee shall calculate the
amount of the annual Franchise fee payment three months after the Franchise is adopted,
and subsequently on each anniversary of that date, based on the total mileage of the
Grantee's System installed in the public Rights-of-Way on that date. Payments by the
Grantee shall be delivered to Grantee within 100 days aftei the Franchise is adopted, and
on each anniversary thereafter and shall be accompanied by an explanation of the
calculation of the payment amount. Payments received after such due date shall be
subject to interest charges of 120/0 per annum or the highest amount then permitted by law,
whichever is lower. In addition, Grantee shall pay to the City the standard right-of-way
utilization permit fee charges. In the event that Grantee commences payment pursuant
to Subsection (8). the per mile fee provided for herein will cease after the payment on the
next following anniversary date.
(B) In the event Grantee provides telecommunications services as defined in
Section 203.012(3), Florida Statutes, the Grantee shall pay to the Grantor monthly as a
franchise fee under this Franchise the sum of one percent (10/0) of the gross receipts of the
Franchisee on Recurring Local Service Revenues for services provided within the
corporate limits of the City by the Grantee. To the extent that any changes in State law
permit a higher percentage or require a lower percentage or require a broader or narrower
base of services to be subject to franchise fees, the percentage or base specified in this
Franchise shall be automatically nlodified to the level permitted by Law.
(1) Payment shall be made to the Grantor for each month no later than the
thirtieth (30th) day of the following month. The monthly payment shall be
made by wire transfer for any monthly payment that exceeds $2,000.00. Any
monthly payment or any portion thereof received thirty (30) days or more
after the due date shall be subject to interest at the rate of 120/0 percent per
annum or the maximum amount allowed by law until all payments are paid
in full.
(2) The Grantee will attach to each payment a statement of its gross receipts on
recurring local service revenues for the period on which such payment is
based, signed by an authorized representative of the Grantee, in such form
and detail as the Grantor's auditor reasonably may from time to time
prescribe, sufficient to show the source and method of computation of said
gross receipts. The acceptance of any statement or payment shall not stop
the Grantor' from asserting that the amount paid is not the amount due or
from recovering any deficit by any lawful proceeding, including interest to be
applied at a rate equal to that provided by statute for Florida circuit court
judgments.
5
Ordinance 6560-00
(A) Substantia! Violations
(C) The Grantee shall supply all accounts and records of the Grantee and/or all
such information that the Grantor or its said representative reasonably may from time to
time request or require which are necessary to determine the correctness of such
statement. Said records may be inspected by the Grantor or its duly authorized
representatives during normal business hours, upon reasonable notice to the Grantee at
the Grantee's local office in the Tampa Bay Area.
(0) Any franchise or other fee which is made a requirement of this ordinance
shall be applicable to Grantee to the extent that the Grantor's right to impose such fee is
not preempted or prohibited by state or federal law. In the event of such preemption, the
Grantor and Grantee shall proceed to negotiate in good faith such reasonable
compensation and such other terms pursuant to Section 5 for Grantee's use of the Right-of
Way, on a competitively neutral and non-discriminatory basis as may be permitted by law.
SECTION 7. Notice of Assignment.
(A) The rights and privileges granted by this Franchise shall not be sold,
assigned, transferred, leased or pledged in whole or in part without the express consent
of the City Commission in accordance with the City of Clearwater Code of Ordinances
Section 32.035, which shall not be unreasonably withheld. No such sale or transfer shall
be effective until the vendee, assignee or lessee has filed with the Grantor an instrument,
duly executed, reciting the fact of such sale, assignment or lease accepting the terms of
the Franchise, and agreeing to perform all the conditions thereof.
(8) Notwithstanding the foregoing, the Grantor acknowledges and agrees that
Grantee may assign or collaterally assign, in whole or in part, its rights, interests and
obligations hereunder without limitation to any of its affiliates, any party providing financing
to Grantee, and any successors and assigns of the foregoing without the consent of the
Grantor. Grantee will provide the Grantor with notice of any assignment. The Grantor
agrees that the holder of any security interest shall not be prevented or impeded by the
Grantor from enforcing such security interest and shall not terminate this Agreement
without the prior written consent of the assignee. The Grantor shall not unreasonably
withhold consents to assignment and/or acknowledgments of any security interest as are
requested by Grantee to give effect to the foregoing. Such acknowledgments may contain
an agreement to allow the holder of such security interest to cure defaults by Grantee
under this Agreement and a consent to allow the assignment to the successors-in-interest
of the holder of such security interest.
SECTION 8. Ordinance Violations.
Any substantial violation by the Grantee, its vendee, lessee or successor of the
provisions of this Franchise or any material portions thereof, may cause the Franchise and
all rights hereunder to be terminated and/or penalties to be imposed in accordance with
the City of Clearwater Code of Ordinances Section 32.038. After written notice to Grantee
of a violation and failure by Grantee to rectify the violation within a reasonable time,
Grantor may terminate the Franchise and/or assess a penalty. A reasonable period of time
is defined as the period of time required to rectify a violation assuming that the Grantee
6 Ordinance 6560-00
has commenced a good faith effort to rectify such violation but under no circumstances
shall be longer than thirty (30) days unless the failure to cure the violation is due to
circumstances beyond Grantee's control (such as an act of God), or an inability to cure
notwithstanding Grantee's diligent, good faith effort to do so.
(B) Penalties for Certain Non-Performance
In the event that certain events occur, penalties of $500 per occurrence may be
imposed by the Grantor. Listed below are certain requirements which, if not met by
Grantee, may cause Grantee to be subject to penalties:
(1) Upon Grantor's undertaking a utilities project and submission of plans or
drawings to Grantee for review and comment, Grantee shall respond to
Grantor no later than two weeks from the date of receipt of such plans to
comment on the feasibility and compatibility of such plans with the existing
Telecommunications Facilities.
(2) Telecommunications Facilities shall not be installed or placed without
obtaining all required permits, except that Grantee may erect temporary
poles in emergency circumstances until emergency maintenance and repairs
have been conducted. Such temporary poles shall be allowed for a
reasonable amount of time as necessary to conduct the emergency
maintenance and repairs.
(3) Grantee shall obtain Grantor's approval before Grantee undertakes any
project requiring the closing of streets or traffic lanes, except during
emergency situations.
(4) Grantee shall obtain permits from Grantor prior to the trimming and removal
of trees.
(5) Grantee shall obtain Grantor's approval before Grantee has displaced,
damaged, or destroyed any sewer or water main, storm water appurtenance,
or other utility belonging to Grantor.
(C) The Grantor shall enforce the foregoing provisions with respect to the
assessment of penalties in accordance with the Florida Administrative Procedure Act,
Chapter 120 of the Florida statutes.
SECTION 9. Grantor Rights in Franchise.
(A) Consistent with applicable Law, the right is hereby reserved to the Grantor
to adopt, in addition to the provisions herein contained and existing applicable ordinances,
such additional regulations as it shall find necessary in the exercise of its police power.
(B) The right is hereby reserved to the Grantor to purchase, in accordance with
all applicable tariff rates and terms, Telecommunications Services offered by Grantee
within the Franchise Area, to the extent that each service ordered is already available
7
Ordinance 6560-00
within the particular sector of the Franchise Area for which the Grantor seeks to obtain the
service. Nothing herein shall be deemed to the contrary.
(C) At the expiration of the term for which this Franchise is granted, or upon its
termination, as provided for herein, the City shall have the right to require Grantee to
remove, at its own expense and with dispatch, all portions of its Telecommunications
Facilities from the City streets; provided, tlowever, the Franchise may be renewed upon
expiration so long as Grantee is in substantial compliance with its provisions.
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(D) If the City wishes, after the expiration of this Franchise, to purchase all or any
part of the property of Grantee's Telecommunications Facilities operated within the City's
municipal boundary hereunder, at fair market value as a going concern, but with no value
allocated to the Franchise itself, it may give written notice of its election to the qrantee
within sixty (60) days prior to the expiration of the term hereof. If Grantee does not wish
to convey its Telecommunications Facilities to the City and does not seek renewal of the
Franchise, Grantee must remove its Telecommunications Facilities within one (1) year of
the expiration of the Franchise, or the City may remove them and Grantee will reimburse
Grantor for all reasonable and documented costs of removal.
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(E) Inspection. The Grantor shall have the right to inspect in a reasonable
manner all construction and installation work to insure compliance with governing
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(A) Use. Telecommunications Facilities erected by the Grantee within the
Franchise Area shall be so located as to cause minimum interference with the proper use
of Rights-of-Way, and to cause minimum interference with the rights of property owners
who adjoin any ot the said Rights-at-Way.
(8) Restoration. In case of any disturbance of surface, base or landscape
treatment ot Rights-of-Way or damages to Grantor's structures and facilities caused by the
Grantee's operations and activities, Grantee shall, at its own cost and expense, replace
and restore all Rights-at-Way or Grantor's structures and facilities disturbed, to the same
or better condition as before said work was commenced and in accordance with City Code.
However, should the Grantee fail to commence restoration after fifteen (15) days notice,
in writing, to said Grantee by the Grantor, the Grantor may make such repair and
restoration of the same and Grantee shall pay reasonable and documented costs incurred
by Grantor. Grantee shall warrant tor one (1) year all work done to repair Grantor's Rights-
of-Way and other property during the term of this Franchise. Upon detection by Grantee
or upon request of the Grantor, Grantee shall at no cost to the Grantor repair sunken
patches, trenches or make other repairs that become necessary because of excavation or
other work done by the Grantee at any time during the term of the Franchise.
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(C) Relocation. At any time during the period of this Franchise, if Grantor lawfully
elects to alter, or change the grade of any Rights-of-Way, or alter or move any structure
or facility of Grantor, it may require Grantee, upon reasonable notice by Grantor, to review,
relay, and relocate its poles, wires, cables, underground conduit and other
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Ordinance 6560-00
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Telecommunications Facilities at it own expense, so long as Grantor requires same of all
other similarly situated users of the Rights-of-Way.
(0) Placement of Fixtures. Grantee shall not place poles or other fixtures where
the same will interfere with any water hydrant. water main, or sewage line. reclaimed water
lines and hydrants, traffic signal poles and facilities, storm drains and facilities, so long as
Grantor requires same of all other similarly situated users of the Rights-of-Way. All such
poles or other fixtures placed in any Right-of~Way shall be placed in such a manner as not
to interfere with the usual travel thereon.
(E) Unauthorized Installation. Except in an Emergency. any conduits, cables or
pole lines installed or placed without first having obtained the permits herein provided for
shall be moved within thirty (30) days after receipt of written notice by Grantor to remove
the same. In default of compliance with such notice, the conduits, cables, or poles may
be removed by order of the Department of Public Works of the City and the cost of removal
shail be borne and paid by the Grantee.
(F) Temporary Removal of Wire for Building Moving. Grantee, on the request
of any person holding a building permit issued by Grantor, shall temporarily raise or lower
its wires to permit the moving of buildings, so long as same is required of all other similarly
situated users of the Rights-of-Way. The expense of such temporary removal, raising or
lowering of wires shall be paid by the person requesting the same, and Grantee shall have
the authority to require such payment in advance. Grantee shall be given notice of not less
than forty-eight (48) hours to set a schedule for such temporary wire changes.
(G) Tree Trimming. Grantee shall have the authority to trim trees upon and
overhanging Rights-of-Way of Grantor so as to prevent the branches of such trees from
coming in contact with the wires and cables of Grantee, all trimming to be done pursuant
to governing laws and at the expense of Grantee.
(H) Underground Facilities.
(1) FPL FiberNet shall place its Facilities underground on Gulf-To-Bay Boulevard
and on any other City street as may be subsequently required by the City's
corridor or redevelopment plans; provided. however, that all utilities located
in areas in which the City shall require facilities to be placed underground
shall also be required to bury all fiber at the same time and under the same
terms and conditions.
(2) Replacement poles, underground cables or other Telecommunications
Facilities shall be placed between the property line and the curb line of all
streets and avenues and shall not be within the roadway recovery area. New
underground cables, when it is practicable to do so, and required of all
similarly situated users of the Rights-of-Way. shall have consistent alignment
parallel with the edge of pavement, a thirty-six inch (36") depth of cover for
the paved portion of roadways, a twenty-four inch (24") to thirty inch (3D")
depth of cover in all areas except the paved portion of roadways, and shall
have a two (21) foot horizontal clearance from other underground utilities and
their appurtenance. The lowest wire on any poles placed in any Right-of-Way
9 Ordinance 6560-00
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used by vehicle traffic shall not be less than eighteen (18') feet from the
ground and, whenever Grantee's wires and electric power wires cross each
other, wires shall cross and be maintained in accordance with the National
Electrical Code.
(3) Within six (6) months of the effective date of this Franchise, the Grantee shall
present a facilities plan, which shall: (i) include a construction schedule; (ii)
be coordinated with the Grantor's construction programs to minimize impact
on the motoring public; (iii) be in compliance with Section 10(H) of this
Franchise Ordinance; and (iv) be acceptable to the City's Director of the
Department of Public Works.
(4) Grantor agrees to be a member of the one-call toll-free telephone notification
system prescribed pursuant to Fla. Stat. Ann 9556 (West 1997).
(I) Permits, No work shall be performed by Grantee, its subcontractors,
contractors, agents or authorized representatives to install, locate, relocate or maintain
Grantee's Telecommunications Facilities in, upon, along, across, above, over or under the
Rights-of-Way now laid out or dedicated, and all extensions thereof, without first obtaining
a proper permit for such work from Grantor, which permit shall not be withheld
unreasonably or in a discriminatory manner. To the extent required by law, Grantee and
each of its subcontractors, contractors, agents or authorized representatives must be
licensed to perform their services in the Franchise Area. Grantee assumes all
responsibility for applicable permit(s), their reasonable and nondiscriminatory requirements
and conditions, including notification for inspection purposed, and conformance to Grantor
specifications. To the extent allowed by Law, all licensing fees are applicable to Grantee.
(J) Right-of-Way Not Warranted. Grantor does not warrant any right, title or
interest of any Rights-of-Way in existence or hereafter acquired, used by Grantee or as
may be used by Grantee in the future.
(K) Inspection. The Grantor shall have the right to inspect all construction and
installation work to insure compliance with governing ordinances.
SECTION 11.
Governing Law and Venue.
(A) Grantee shall, at all times during the life of this Franchise, be subject to all
lawful exercise of the police power by Grantor.
(8) The rights and privileges granted to Grantee by this Franchise shall at all
times be subordinate and inferior to the rights of the public in and to the ordinary use of
Grantor's Rights-of-Way, and nothing in this Franchise shall be considered as a surrender
by Grantor of its right and power to use and relocate its Rights-of-Way.
(C) The Franchise and rights herein granted are subject to the provisions of
applicable law.
10
Ordinance 6560-00
(D) Venue. In the event that any legal proceeding is brought to enforce the
terms of this Franchise in a court of law, the same shall be brought in the State court in
Pinellas County, Florida or the United States District Court for the Middle District of Florida.
SECTION 12.
Grantee Liability - Indemnification.
(A) The Grantee shall indemnify, defend (with counsel reasonably acceptable to
the City) and hold the Grantor and its officers, directors, agents, servants, employees,
successor and assigns harmless of and from any and all claims for personal injury, death
or property damage, any other losses, damages, charges or expenses, including
reasonable attorney's fees, witness fees, court costs and the reasonable value of any
services rendered by any officer or employee of the Grantor, and any orders, judgments
or decrees which may be entered, which arise or are alleged to have arisen out of, in
connection with, or attributable to, the Grantee's activities under this Franchise and the
placement, repair, relocation or removal by the Grantee of any portion of the
Telecommunications Facilities, except to the extent any losses arise from the willful
misconduct or negligent acts or omissions of the City, its officers, directors, agents,
servants, employees, successor and assigns. Grantee shall undertake at its own expense
the defense of any action which may be brought against the Grantor for damages,
injunctive relief or for any other cause of action arising or alleged to have arisen out of, in
connection with or attributable to, the foregoing; and, in the event any final judgment
therein should be rendered against the Grantor resulting from the foregoing, the Grantee
shall promptly pay the final judgment together with all costs relating thereto; the Grantee
being allowed, however, an appeal or appeals to the appropriate court or courts from the
judgment rendered in any such suit or action upon the filing of such supersedeas bond as
shall be required to prevent levy or judgment against the Grantor during such appeal or
appeals. Grantor shall notify Grantee's representative in City within ten (10) days after
presentation of any claim or demand, either by suit or otherwise, made against Grantor on
account of any breach as aforesaid on the part of Grantee.
(8) Grantee shall be responsible for reimbursing Grantor for damage to any of
Grantor's water lines, sewers and traffic light controls disturbed from the actions of
Grantee, or its representatives, in the construction, operation or maintenance of its facilities
in the Franchise Area, to the same or similar condition as before said work was
commenced and in accordance with City of Clearwater Code.
(C) Insurance. Grantee shall maintain, and by its acceptance of this Franchise
specifically agrees that it will maintain throughout the terms of this Franchise, liability
insurance insuring the Grantee with regard to all damages set forth in Paragraph 12(A) in
the minimum amounts of:
(i) $500,000 for bodily injury or death to a person, within the limit;
$1,000,000 for bodily injury or death resulting from anyone
accident.
(ii) $50,000 for property damage resulting from anyone accident.
(Hi) $1,000,000 for all other types of liability.
11
Ordinance 6560-00
(0) The Grantee and the Grantor agree that the Grantee may self-insure its
obligations under this Franchise. The Grantee shall provide the Grantor with a Certificate
of Insurance reflecting the above coverages and limits of liability, which shall be filed with
and approved by the city commission, and such proof of insurance shall be filed and
maintained with the city clerk during the term of this Franchise. Grantee shall provide the
Grantor with thirty (30) days written notice prior to cancellation, revocation, non-renewal
or material change in such self-insurance.
SECTION 13.
Severability.
Should any section or provision of this Franchise or any portion thereof be declared
by a court of competent jurisdiction to be invalid, such decision shall not affect the validity
of the remainder, as a whole or any part thereof, other than the part declared to be invalid.
In the event of any such partial invalidity, the Grantor and Grantee shall meet and
negotiate in good faith in accordance with Section 5(B) to obtain a replacement provision
that is in compliance with the judicial authority's decision; provided, however, that to the
extent the declaration relates to franchise fees, the provisions in Section 6(A) shall apply.
SECTION 14.
Records and Reports.
The following records and reports shall be filed with or available to or from Grantor:
(A) Grantee Rules and Regulations. Copies of such rules, regulations, terms
and conditions adopted by Grantee that relate to Grantee's use of Grantor's Right-of-Way
shall be available upon request by Grantor.
(B) Audit Report. Grantee shall annually submit to Grantor a copy of its
published Audit Report upon request by Grantor.
(C) Accounting. Grantee will attach to each payment a statement of its monthly
Recurring Local Service Revenues by the period on which such payment is based, signed
by an authorized representative of the Grantee, in such reasonable form and detail as
Grantor may from time to time prescribe, sufficient to show the source and method of
computation of said revenues. The acceptance of any statement or payment shall not
estop the Grantor from asserting that the amount paid is not the amount due or from
recovering any deficit by any lawful proceeding, including interest to be applied at a rate
equal to that provided by statute for circuit court judgments.
(0) Availabilitv of Records. Grantee shall make available all relevant accounts
and records of the Grantee and/or all such information that the Grantor or its
representatives may from time to time reasonably request or require for the sole purpose
of reviewing fees paid under Section 6. Such financial records as are required under this
Agreement hereof shall be kept and maintained in accordance with generally accepted
accounting principles. All of the said records shall, on reasonable written request of
Grantor and subject to Section 14(E), be open for examination and audit by Grantor and
Grantor's External Auditors and their staff during ordinary business hours, in the Tampa
Bay Area Office of Grantee, and such records shall be retained by Grantee for a minimum
of five (5) years.
12
Ordinance 6560-00
(E) Records and Reports - Audit. For the sole purpose of reviewing fees paid
under Section 6, Grantor may require an audit of Grantee's books at Grantor's expense
once every five (5) years during the term of this Ordinance. In the event any such audit
identifies a five percent (50/0) or greater error on Grantee's part in failing to report the
franchise revenue base for the audit period, Grantee agrees to reimburse Grantor for its
reasonable audit costs. Provided, however, that such costs shall not have been incurred
by Grantor as a result of any contingency fee arrangement between Grantor and any third
party auditor, that any such auditor shall meet all legal qualifications to perform such audit,
and that Grantee shall have the right upon request, to review the contract between Grantor
and any such auditor to confirm the foregoing. In the further event the audit identifies
errors which will require time for correction, such errors may be projected into the future
for a reasonable period of time to allow Grantee to correct same. At the time of correction
of the error(s), a true-up or comparison of the amounts paid as a result of any projections
shall be made and if such true-up results in the Grantee overpaying its franchise fee,
Grantor shall reimburse Grantee for said amount including interest at the rate of ten
percent (100,10) per annum. If such true-up results in the Grantee underpaying its franchise
fee, Grantee shall pay said amount including interest at ten percent (100/0) per annum. Any
underpaynlent or overpayment as provided herein shall be paid within thirty (30) days after
receipt of any demand or invoice from Grantor or Grantee.
(F) To the extent permitted by law, all records and reports submitted by Grantee
by Grantor pursuant to the requirements of Section 14 shall be treated and maintained by
Grantor as the confidential business information of Grantee, and shall be protected from
disclosure to any third party.
(G) Underground Installation Records. Grantor may request, on a
nondiscriminatory basis under terms applicable to all other similarly situated users of the
Rights-of-Way that Grantee provides Grantor records of its underground installation, on as
built field ties (horizontal and vertical) or on drawings provided by Grantor within thirty (30)
days of Grantor's reasonable request for such information, provided, however, that such
request shall not be made sooner than thirty (30) days following Grantees completion of
construction of its initial Telecommunications Facilities or any expansions thereof.
SECTION 15. Compliance with Law.
Grantee shall maintain and operate its Telecommunications Facilities and render
efficient service in accordance with applicable Law,
SECTION 16.
Grantor's Authority.
(A) Nothing in this Ordinance shall prevent Grantor from levying and collecting
any other taxes or fees as Grantor may from time to time be empowered, by Law, to levy
and collect. Such taxes and fees are not considered part of the franchise fees.
(8) Grantee shall not be excused from complying with any of the terms and
conditions of this Franchise by any failure of the Grantor, upon anyone or more occasions,
to require Grantee's performance or compliance with anyone or more of such terms or
conditions.
13
Ordinance 6560-00
SECTION 17.
Ordinances in Conflict.
Notwithstanding anything contained in this Franchise to the contrary, in the event
that (1) this Franchise or any part hereof, (2) any procedure provided in the Franchise or
(3) any compensation due Grantor under. this Franchise, becomes, or is declared or
determined by final judicial authority .exercising its jurisdiction to be excessive,
unenforceable, void, unlawful, in whole or in part, Grantee and Grantor shall meet and
negotiate in good faith in accordance with Section 5(B), to obtain a new Franchise that is
in compliance with the authority's decision or enactment; provided, however, that to the
extent the declaration relates to franchise fees, the provisions in Section 6(A) shall apply.
SECTION 18.
Acceptance.
Grantee shall signify its acceptance of the Franchise terms in writing prior to City
Commission's approval of this Ordinance by filing such written acceptance with the City
Clerk.
SECTION 19.
Attorney's Fees and Expenses.
Except as otherwise provided for herein, Grantor and Grantee hereto agree that if
litigation becomes necessary to enforce any of the obligations, terms and conditions of this
Franchise, the prevailing party shall be entitled to recover reasonable attorney's fees and
court costs, including fees and costs on appeal, from the non-prevailing party.
SECTION 20.
Notices.
Except in exigent circumstances, all notices by either Grantor or Grantee to the
other shall be made by either depositing such notice in the United States Mail, Certified
Mail return receipt requested, overnight delivery, or by facsimile. Any notice served by
certified mail return receipt shall be delivered five (5) days after the date of such deposit
in the certified United States mail unless otherwise provided. Any notice given by facsimile
is deemed received by next Business Day. "Business Day" for purposes of this section
shall mean Monday through Friday, with Saturday, Sunday and Grantor and Grantee
observed holidays excepted. All notices shall be addressed as follows:
To Grantor:
City Manager
City of Clearwater
112 S. Osceola Avenue
Clearwater, Florida 33758-4748
With a copy to:
Pamela Akin, City Attorney
City of Clearwater
112 S. Osceola Avenue
Clearwater, Florida 33758-4748
14
Ordinance 6560-00
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To Grantee:
Rick Carpani, Manager of Construction
FPL FiberNet, LLC
9250 West Flag ler Street
Miami, FL 33174
Facsimile: (305) 552-3493
With a Copy to:
Steven A. Anderson, Esquire
Becker & Poliakoff, P. A.
401 E. Jackson Street, Suite 2400
Tampa, FL 33602
Facsimile: (813) 222-7519
Notice shall be given as required by this Franchise and for all other Emergencies. Notice
shall be provided to the above-named addressees unless directed otherwise in writing by
Grantor or Grantee. Both parties have a duty to provide notice of any name or address
change of the parties to whom notice is required to be provided..
SECTION 21.
Non-waiver Provision.
The failure of either party to insist in anyone or more instances upon the strict
performance of anyone or more of the terms of provisions of this Franchise, shall not be
construed as a waiver or relinquishment for the future of any such term or provision, and
the same shall continue in full force and effect. No waiver or relinquishment shall be
deemed to have been made by either party unless said waiver or relinquishment is in
writing and signed by the parties.
SECTION 22. Effective Date. This Ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Brian J. Aungst
Mayor-Commissioner
Approved as to form
Attest:
Pamela K. Akin
City Attorney
Cynthia E. Goudeau
City Clerk
15
Ordinance 6560-00
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MUNICIPAL BOUNDARY
PROPOSED ROUTE
RAILROADS
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REVISED MAY 23, 2000
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Preliminary Agenda
(W orksession)
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PRELIMINARY AGENDA
Clearwater City Commission Worksession - 9:00 A.M. - Tuesday, May 30, 2000
Convene as Community Redevelopment Agency (CRA):
1 . Call to Order
2. Approval of Minutes: 5/15/00
3. Authorize City's contractor to remove hydraulic lifts and below ground storage tanks located at
841, 901 -927 Cleveland Street (Parcels A & B)
4. Executive Director (Assistant City Manager) Verbal Reports
5. Other Business
6. Adjourn
PUR PURCHASING
1. Bridges Equipment, one Kubota Tractor with trencher & trailer, $33,159.96; financing to be
provided under City's Master lease-Purchase Agreement (GS)
BU BUDG ET
1. Presentation - Capital Improvement Project Budget (WSO)
ED ECONOMIC DEVELOPMENT
1. Contract to Dames & Moore, removal & closure of 20 hydraulic lifts and 2 underground storage
tanks and removal of contaminated soil at 841, 901-927 Cleveland Street (Parcel A & B) owned
by the eRA, $94,133 (Consent)
2. Contract to Sonny Glasbrenner, Inc., Demolition of Commercial Structure - 841, 901-927
Cleveland Street (Parcel A & B) and 813 Park Street (Parcel C), $65,450 (Consent)
3. First Reading Ord. #6560-00 - granting FPl FlberNet, L.L.C. a franchise to provide
telecommunications services to business customers in the City of Clearwater
FD FIRE
1. Contract to Medtronic Physiocontrol, purchase ten LP500 automatic external defibrillators,
$29, 113.50 (Consent)
FN FINANCE
1. Res. #00-19 - providing for sale of not to exceed $51 million Infrastructure Sales Tax Revenue
Bonds
HR HUMAN RESOURCES
1. First Reading Ord. #6563-00 - Amending Ch. 2 Administration, Art. V Employee Benefits, Div. 3
Employees' Pension Plan; amending Sec{s) 2.393, 2.395, 2.396, 2.397, & 2.398
IA INTERNAL AUDIT
1. Res. #00-24 - Approving Time-Warner Inc. and America On-line Inc. merger, granting a change or
transfer in control of the Time Warner Entertainment - Advance/Newhouse Partnership (d/b/a
Time V'larner Communications) Cable Franchise, a subsidiary of Time Warner Inc.
5/30/00
1
. ",,, >/"\ ~ 1'10 ;' .' .'., ~ , 't \ 'h'. , ,'.., , : :~ ~:. ',:'." '," '\,
PW PUBLIC WORKS
1. Contract to Dee I-USA, Inc., purchase one Model 9476 II Multifunction System Copier/Plotter
with 5 year maintenance agreement, $40,005; declare surplus to City needs & authorize trade-in
one 1995 Oce' Model 7150 large document copier; authorize financing under City's Master
lease-Purchase Agreement lConsent}
2. First Reading Ord. fl6562-00 - increasing domestic water, lawn water & wastewater collection
utility rates by 6.6% beginning 7/1/00
3. Res. #00-21 - Rescinding Res. #98-41 and authorizing City Officials to sign applications for
FOOT permits
4. Roundabout Status Report
PlO PLANNING & DEVELOPMENT SERVICES
1 . Public Hearing & First Reading Ord. #6526-00 - comprehensive amendments to the Community
Development Code
2. Public Hearing & First Reading Ords. #6549-00, #6550-00 #6551-00 - Annexation 1& redefining
boundary lines of City to include said addition}, land Use Plan Amendment to
Residential/Office/Retail & Commercial Zoning, 1721 Coachman Plaza Dr. (proposed), Sec. 5-29-
16, M&8 33.052 lSuperstar Tire Store of Clearwater, Inc., AOO-11)
3. Public Hearing & First Reading Ords. #6554-00 & #6555-00 - land Use Plan Amendment to
Residential/Office Limited & Office Zoning, 2750 Sunset Point Rd., The Elks, portion of lot 1
(BPOE Lodge 1525 / Cornerstone Communities, Inc., ZOO-03)
CA lEGAL DEPARTMENT
Second Reading Ordinances
1. Ord. #6523-00 - Annexation, 2155 Montclair Rd.,Sec. 1-29-15, M&8 14.01 lAscot Development
Corp., AOO-06}
2. Ord. #6524-00 - land Use Plan Amendment to Residential Urban (upland area) and Preservation
(wetland area), 2155 Montclair Rd.,Sec. 1-29-15, M&B 14.01 lAscot Development Corp., AOO-
06)
3. Ord. #6525-00 - MDR Zoning (upland area) and Preservation Zoning (wetland area), 2155
Montclair Rd.,Sec. 1-29-15, M&B 14.01 (Ascot Development Corp., AOO-06)
4. Ord. #6531-00 - Vacating 40' r-o-w of Bay Avenue, lying north of Sadler St. & south of Jeffords
St. (Morton Plant Mease Health Care, VOO-05)
5. Ord. #6536-00 - Annexation (& redefining boundary lines of City to include said addition), 1243
Brookside Dr., Sec. 24-29-15, M&B 21.01 lDorothy Scott, AOO-10)
6. Ord. #6537-00 - land Use Plan Amendment to Residential low (upland area) and Preservation
(wetland area), 1243 Brookside Dr., Sec. 24-29-15, M&8 21.01 lDorothy Scott, AOO-10)
7. Ord. #6538-00 - lOR and Preservation Zoning, 1243 Brookside Dr., Sec. 24-29-15, M&B 21.01
(Dorothy Scott, AOO-1 O)
8. Ord. #6539-00 - Annexation (& redefining boundary lines of City to include said addition), 1513
Country Lane East, Country lane, Lot 7 lLois Quale, AOQ-09)
9. Ord. #6540-00 - land Use Plan Amendment to Residential low, 1513 Country Lane East,
Country lane, Lot 7 (Lois Quale, AOO-09)
10. Ord. #6541-00 - lMDR Zoning, 1513 Country lane East, Country lane, Lot 7 (Lois Quale, AOO-
09)
5/30/00
2
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11. Ord. #6542-00 - Annexation (& redefining boundary lines of City to include said addition), 1 224
Stockton Dr., Stevenson's Heights, Blk C, Lot 9 (Rose & Beverly Jordan, ADO-OS)
12. Ord. #6543-00 - Land Use Plan Amendment to Residential Low, 1224 Stockton Dr., Stevenson's
Heights, Blk C, Lot 9 (Rose & Beverly Jordan, ADO-OS)
13. Ord. #6544-00 - LMDR Zoning, 1224 Stockton Dr., Stevenson's Heights, Blk C, Lot 9 (Rose &
Beverly Jordan, ADO-OS)
14. Ord. #6545-00 - Annexation (& redefining boundary lines of City to include said addition), 1 545
S. Belcher Rd., Sec. 19-29-916, M&B 33.05 & 33.07 (Greater Clearwater Association of
Realtors, AOO-07)
15. Ord. #6546-00 - Land Use Plan Amendment to Residential/Office/Retail, 1545 S. Belcher Rd.,
Sec. 19-29-916, M&B 33.05 & 33.07 (Greater Clearwater Association of Realtors, AOO-07)
16. Ord. #6547-00 - Commercial Zoning, 1545 S. Belcher Rd., Sec. 19-29-916, M&B 33.05 & 33.07
(Greater Clearwater Association of Realtors, AOO-07)
17. Ord. #6558-00 - Amending Sec. 1.12, Code of Ordinances, to revise provisions for code
violations, enforcement and penalties and to amend fine schedule
18. Ord. #6561-00 - Relating to utilities; amending Sec. 32.159 (water use restrictions, enforcement,
penalties) to conform with Pinellas County regulations during times of declaration of water
shortage condition or emergency
Other City Attorney Items
1. Increase contract by $10,S40 with CYCOM Data Systems, Inc., for purchase of City Law
software applications, for total of $33,340
City Manager Verbal Reports
Other Commission Action
Adjourn
5/30/00
3
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