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10/18/2001COMMISSION. AGENDA 10/18/01 (a,39 ACTION AGENDA - CLEARWATER CITY COMMISSION MEETING Thursday, October 18, 2001 - 6:00 P.M. - Commission Chambers 1. Invocation - Commissioner Jonson. 2. Pledge of Allegiance - Mayor. 3. Service Awards - Presented to Employee of Month & Team of Quarter 4. Introductions and Awards - Given. 5. Presentations - None. 6. Approval of Minutes - None. 7. Citizens to be heard re items not on the Agenda Kathy Milam invited the public: 1) 10/20/01 - garage sale at main library; 2) 10/26/01 - last night in the stacks silent auction; and 3) January 2002 garage sale to benefit Main Library campaign. Brother Floyd Herman read scripture and opposed removal of comatose woman's feeding tube. Mike Meidel recommended the City work hard to replace Economic Development positions, noting the importance of economic development efforts. He recommended support of County funding for the Gulf Boulevard beautification project and hoped the project can extend north of the roundabout. Hoosh Ghovaee complimented the City Manager and his assistants for help with development projects. Tom Sehlhorst recommended readopting the old zoning code re commercial in-fill as the current process is too expensive to develop non-conforming properties. PUBLIC HEARINGS ITEM #8.- Public Hearing & -First Reading Ord #6839-01 - Vacating the alleys and easements on the subject property, subject to the applicant providing an easement over all existing and proposed utilities and the applicant assuming the cost of relocation of public and private utilities (Church of Scientology Religious Trust, V2001-17) (PW) ACTION: Continued to 11/15/01. ITEM #9 Public Hearing & First Reading Ord #6875-01 - Vacating the 10 ft. alley lying adjacent to the north property lines of Lots 25-28 of Sunset Point Replat from the west property line of Lot 25 on the west to the west property line of the Pinellas Trail on the east (All Around Your Hoare.. Inc., V2001-20) (PW) ACTION: Approved. Ordinance passed 1st reading. ITEM #10 Public Hearing & First Reading Ord #6879-01 - Vacating portions of the rights-of-way of Ewing Ave., Park St. and Pierce St. to retain a utility easement over the full width of Pierce St. (City of Clearwater, V2001-21) (PW) ACTION: Approved. Ordinance passed 1st reading. ITEM #11 Public Hearing & First Reading Ord# 6847-01, #6848-01 & #6849-017 Annexation (& redefining boundary lines of City to include said addition), Land Use Plan Amendment to Residential Low Medium & MDR Zoning, 1312 State St., E.A. Marshall Sub., the southerly 71 ft. of Lot 10 (Clearwater Village L.C.) ANX 01-07-13 (PLD) ACTION: Approved. Ordinances passed 1st reading. Action 10/18/01 1 ITEM #12 Public Hearing & First Reading Ord #6850-01, #6851-01 & #6852-01 - Annexation (& redefining boundary lines of City to include said addition), Land Use Plan Amendment to Residential Urban & LMDR Zoning, 1015 Ridge Ave., Highland Pines Sub., Blk 5, Lot 9 (Don Strom) ANX 01-07-014 (PLD) ACTION: Approved. Ordinances passed 1st reading. ITEM #13 Public Hearing & First Reading Ord #6860-01, #6861-01 & 6862-01 - Annexation (& redefining boundary lines of City to include said addition), Land Use Plan Amendment to Residential Low & LMDR Zoning, 2666 North Terrace Dr., Pinellas Terrace Sub, Lot 4 together with the right-of-way of North Terrace Dr. abutting Lots 1-4 (Donna J. Wellman) ATA ANX 01-07-15 (PLD) ACTION: Approved. Ordinances passed 1st reading. ITEM #14 Public Hearinq & First Reading Ord #6863-01, #6864-01 & #6865-01 - Annexation (& redefining boundary lines of City to include said addition), Land Use Plan Amendment to Residential Low & LMDR Zoning, 2672 North Terrace Dr., Pinellas Terrace Sub., Lot 5 together with abutting right-of-way (Elizabeth Glisson) ATA ANX 01-07-16 (PLD) ACTION: Approved. Ordinances passed 1st reading. ITEM #15 Public Hearing & First Reading Ord #6866-01, #6867-01 & #6868-01 - Annexation (& redefining boundary lines of City to include said addition), Land Use Plan Amendment to Residential Low & LMDR Zoning, 2678 North Terrace Dr., Pinellas Terrace Sub., Lot 6 together with abutting right-of-way (Alicia A. Medeiros) ATA ANX 01-07-17 (PLD) ACTION: Continued to 11/15/01. ITEM #16 Public Hearinq & First Reading Ord #6872-01, #6873-01 & #6874-01 - Annexation (& redefining boundary lines of City to include said addition), Land Use Plan Amendment to Industrial Limited & IRT Zoning, 1245 Hercules Ave., Sec. 12-29-15, M&B 13.051 (Sabadosh Enterprises, Inc.) ATA ANX 01-07-19 (PLD) ACTION: Approved. Ordinances passed 1st reading. Public Hearing - Second Reading Ordinances ITEM #17 Ord #6858-01 - Vacating the 10-foot drainage and utility easements within Block 1 and Block 6 of Pine Crest Subdivision, 900 North Greenwood Avenue as described in Exhibit "A" of the proposed ordinance (City of Clearwater,, V2001-18) ACTION: Ordinance adopted. ITEM #18 Ord #6859-01 - Vacating the 20-foot utility easements lying 200 feet south of the north right-of-way line of Ruth Eckerd Hall Drive, M&B 24-04, Section 9-29-16 E., 1111 McMullen Booth Road (forth as described in Exhibit "A" of the proposed ordinance (City of Clearwater, V2001-19) ACTION: Ordinance adopted. ITEM #19 Ord #6905-01 - Amending Sec. 4.23, Aircraft takeoffs and landings to allow traffic reporting aircraft an earlier takeoff time at Clearwater Airpark ACTION: Ordinance adopted. CITY MANAGER REPORTS Action 10/18/01 2 CONSENT AGENDA (Items #20 - 28) - Approved as submitted less Item #25. ITEM #20 - Approve the transfer of Gas System funds in the amount of $1,035,000 between capital improvement projects of the Gas Fund (SBS) ITEM #21 - Re-appoint William Schwob to the Board of Trustees, Clearwater Police Supplementary Pension Fund (PD) ITEM #22 - Award construction contract for new Recreation and Aquatics Center at Ray Green Field to GLE Construction Services, Inc. of Tampa for $2,990,065 (PR) ITEM #23 Award construction contract for new Recreation and Aquatics Center at Ray Green Field to Pool People Commercial Inc. of Pompano Beach for $626,792 (PR) ITEM #24 - Award contract for the Reservoirs 1, 2 & 3 Monochloramine Disinfection Project (01-0025-UT) to Cole Engineering & Constructors Corp. for $1,379,664 (PW) ITEM #25 - Ratify and Confirm the approval of Change Order No. 1 to Contract No. 00-0029-UT, 2000 Reclaimed Utility Improvements, with A&L Underground, Inc. in the amount of $803,000 (PW) ACTION: Approved. ITEM #26 - Approve the modifications to the 1997-1999 three year local Housing Assistance Plan pertaining to rental rehabilitation, and modifying the 2000-2002 Plan (PLD) ITEM #27 - Authorize a settlement from Lockheed (Martin, IMS Pinellas Works for $95,000 (CA) ITEM #28 - Authorize a settlement of Aquamarine Swimming Pool Co. v. Oakhurst Construction Co. Inc. (and City) for $81,696.05, plus interest, and receipt by City of warranties on swimming pool shell (CA) OTHER ITEMS ON CITY MANAGER REPORT ITEM #29_ - Res #01-37, approving IPA with FDOT to relocate natural gas mains during improvement project at an estimated cost of $85,962.50 (SBS) ACTION: Approved. Resolution adopted. ITEM #30 - Res #01-35, agreement with FDOT for relocation of potable water and sewer facilities on US 19 (CSX RR to south of Enterprise Rd.). (PW) ACTION: Approved. Resolution adopted. ITEM #31 - Approve naming City property located at 900 North Greenwood Ave., "North Greenwood Recreation and Aquatics Complex", approve naming the Aquatics Center the Ray Green Aquatics Center and name the gymnasium courts, Terrence Griggley Court and Dr. Joseph Carwise Court. (PR) Action 10/18/01 3 ACTION: Return to Parks & Recreation board for public hearing and reconsideration of recommendation in light of Griggley name being withdrawn by the Griggley family and the proposed renaming of North Greenwood to Martin Luther King. (3-2 A - J) . ITEM #32 - First Reading Ord. #6878-01 amending Code of Ordinances extending slow down wake zone north to the Clearwater Pass Bridge (MR) ACTION: Approved. Ordinance passed first reading. ITEM #33 - Res #01-39 - Capital Improvement Refunding Bonds (FN) ACTION: Approved. Resolution adopted. ITEM #34 - Other Pending Matters a) Discussion regarding possible amendment to the JPA re Memorial Causeway Bridge with FDOT ACTION: Action to be taken on 11/1101. CITY ATTORNEY REPORTS ITEM #35 - Other City Attorney Items ACTION: Scheduled Attorney/Client session re Bouchez vs. City on 11/1/01 at 5:15 p.m. ITEM #36 - City Manager Verbal Reports - None. ITEM #37 - Commission Discussion Items a) City Manager Evaluation ACTION: Given. b) City Attorney Evaluation ACTION: Given. Recommend contract modification to accrue leave time on bi-weekly basis & improve severance benefits. Approved salary increase to $115,000 (4-1 EH) ITEM #38 - Other Commission Action Gray and Aungst encouraged residents to enjoy Jazz Holiday through Sunday at Coachman Park. Jonson questioned whether the FLC's request that Representative Carassas be asked to sponsor a bill calling for a Constitutional amendment to allow tax exemption for certain municipally owned property could be honored. City Clerk reported recommendation is part of legislative package and she will contact Representative Carassas, Jonson suggested the Commission consider prioritized objectives for the City Manager at the 10/29/01 Worksession. Jonson noted the 2000 census indicated Clearwater has the country's highest medium age for cities with populations greater than 100,000. Jonson thanked the Mayor for a birthday card. Action 10/18/01 . 4 Jonson thanked Cathy Duncan for the opportunity to act as principal for the day at Curtis Fundamental School. Jonson praised the Neighborhood Leadership meeting and hoped the efforts would continue. Johson said America is beautiful and a great country and is recovering from the terrorist actions. Jonson said Clearwater is a beautiful City, blessed with unique beauty. Hamilton complimented Jazz Festival organizer efforts. Hamilton wished his brother, Ken, a happy birthday. Aungst attended the groundbreaking for the North Greenwood Library and Recreation Complex on 10/13/01. Aungst said it was a pleasure to meet with the City Leadership Group on 10/17/01, and looked forward to meeting new employees at the quarterly employee breakfast. Aungst announced the Farmers Market grand opening on 10/24/01 at 9:00 a.m. at the corner of Pierce and East Avenue. Aungst reported the grand opening of Starbucks will be celebrated on 10/25/01. Aungst invited residents to attend library fundraising events on 10/20 and 10/26/01. ITEM #47 - Adjournment 8:32 p.m. Action 10/18/01 5 CITY COMMISSION MEETING 10/18/01 NOTE: 10/15/01 PRELIMINARY (WS) AGENDA & PAPER WORK THAT WAS IN PACKET INITIALLY BUT THEN NOT CONTINUED ONTO THURSDAY'S COMMISSION AGENDA IS AT THE BACK OF THIS AGENDA PACK. ?o ys lk •J NOTE: 10/IS/O1-Pension Trustees agenda pack kept I separately., Cleat=water City Work session Item #: Commission Final Agenda Item # 1.Q/15/01 Agenda Cover Meeting Date: lo/18/o1 Memorandum SUBJECT/RECOMMENDATION: SERVICE AWARDS 0 and that the appropriate officials be authorized to execute same. SUMMARY: The following employees be presented with service awards for their length of service in the employment of the City of C16arwater -BACKGROUND: 5 Years Karen A. Keegan Cameron F. Hill Rose L. Castilla Rory A. Brodil Patrick R. Davis John V. Schodtler 10 Years Thomas N. Tague Jr. Edward Stiers Paul C. Chute Fire Fire Public Utilities Parks and Recreation Solid Waste Planning Police Public Services Gas 15 Years Victor Anglero Jr. Stanley G. Loveday Darren R. Keith Charles T. Sheldon 20 Years Audrey Meunier James V. Maglio Joseph J. Tenbieg 25 Years Robert McKenna 30 Years Eddie Lloyd Nancy Burgarella Solid Waste Fire Fire Parks and Recreation Customer Service Solid Waste Police Fire Public Utilities Police Reviewed by: Originating Dept: Costs Legal Info Srvc Total Budget Public Works ? User Dept. _ Funding Source: Purchasing DCM/ACM Current FY CI Risk Mgmt Other Attachments OP t Other bmitted by: City Manager p None Appropriation Code: Printed on recvcied oaner t?av 2/98 Item #8 -- Public Hearing and First Reading Ordinance #6839-01 -- Vacating the alleys and easements on the subject property, subject to the applicant providing an easement over all existing and proposed utilities and the applicant assuming the cost of relocation of public and private utilities (Church of Scientology Religious Trust, V2001-17) PW Item was continued to 11115/01 1E?. Clearwater City Commission Agenda Cover Memorandum Work session Item: Final Agenda Item Meeting Date: 10/18/01 SUBJECT/RECOMMENDATION: Approve the applicant's request to vacate the 10 foot alley tying adjacent to the North property lines of Lots 25 through 28, inclusive, of Sunset Point Replat, as recorded in Plat Book 4, Page 25 of the Official Records of Pinellas County, Florida from the west property line of Lot 25 on the west to the west property line of the Pinellas Trail on the east and pass ordinance Number 6875 -01 on first reading, (V2001-20 All Around Your Home, Inc.), © and that the appropriate officials be authorized to execute same. SUMMARY: • The applicant proposes to develop the adjacent property with a 24 unit townhouse development. • Florida Power, Time Warner, and Verizon Media Ventures, Inc. have no objection to the vacation request. Verizon has no objections provided that the vacated alley is retained as a utility easement. • The City of Clearwater has a sanitary sewer main in the alley. • Pubic Works Administration has no objections to the vacation request subject to retention of a drainage and utility easement over the entire width of the alley. Reviewed by: Legal Info Srvc Budget ! IA Public Works Purchasing N/A DCM/ACM Risk Mgrnt N/A Other Submitted by: City Manager Originating Dept: -Ift N/A Public Works AdrniMsti StevQ Doherty User Dept. N/A NIA Attachments Ord. No. 6875-01 Location Map Costs NIA Ion Total Funding Source: Current FY Cl OP Other Appropriation Code: on recycled paper VACATION 2001-20 All Around Your House Inc LJI. I -Ue_-Gl' U1 10 -440 1. 1 I T H I I UKlYt T' b Ut-t- I Lt (e r:)bd40el t-. 1 r ORDINANCE NO. 6876-01 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, VACATING THE 10-FOOT ALLEY LYING ADJACENT TO THE i NORTH PROPERTY LINES OF LOTS 25 THROUGH 28, INCLUSIVE, OF SUNSET POINT REPLAT FROM THE WEST PROPERTY LINE OF LOT 25 ON THE WEST TO THE WEST PROPERTY LINE OF THE PINELLAS TRAIL ON THE EAST, SUBJECT TO A DRAINAGE AND UTILITY EASEMENT WHICH IS RETAINED OVER THE FULL. WIDTH THEREOF; PROVIDING AN EFFECTIVE DATE. WHEREAS, All Around Your Horne, Inc., owner of real property adjoining the alley described herein, has requested that the City vacate the alley depicted in Exhibit A attached hereto; and WHEREAS, the City Commission finds that said alley 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, FLORIDA Section 1. The following: The 10-foot alley lying adjacent to the North property (fines of Lots 25 through 28, inclusive, of Sunset Point Replat, as recorded in Plat Book 4, Page 25 of the Official Records of Pinellas County, Florida, from the west property line of Lot 25 on the west to the west property line of the Pinellas Trail on the east is hereby vacated, closed and released, and the City of Clearwater releases all of its right, title and interest thereto, except that the City of Clearwater hereby retains a drainage and utility easement over the described property for the installation and maintenance of any and all public utilities thereon. Section 2. The City Clerk shall record this ordinance in the public records of Pinellas County, Florida, following adoption. Section 3. This ordinance shall take effect immediately upon adoption, PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Brian J. Aungst Mayor-Commissioner Approved as to form: J ' e C. Hayman ssistant City Attorney Attest: Cynthia E. Goudeau City Clerk Ordinance No. 6875-01 SUNN YDALE DRIVE 4• 31 1-12 MR. Eas, 13 14 15 16 17 18 19 20 EXHIBIT r,A,, scale 1 " 100' This is no a survey SUNSET POINT ROAD c.;. K. 0 / a io4w u?.. r uc?crJtlt 10 - x40 t, i r r n r r ur?r vr_ r J ur r i ?.? I G I .ItJL`7c JL l A. V CITY OF CLEARWATER - ENGINEERING SERVICES 100 SOUTH MYRTLE AVENUE - ROOM 211 P.O. BOX 4748, CLEARWATER, FL. 337584748 PH. (813)562-4750, FAX (813)562-4755 VACATION REQUEST FILING FORM 1. NAME OF APPLICANT OR DESIGNATED REPRESENTATIVE: FORM NUMBER 1311-0104 NAME: MO C HA EL D& A 2 0 wgle/ PHONE: 72 ;z -4V2 C q- -9'9 ADDRESS:_ P. 0e B oX - Cf 3 CL -A R Wj 3 HEREBY PETITION THE CITY COMMISSION OF THE CITY OF CLEARWATER FOR THE VACATION OF THE FOLLOWING: F-1 4. EASEMENT TYPE: RIGHT-OF-WAY © ALLEY ? OTHER 2. LEGAL DESCRIPTION OF PROPERTY TO BE VACATED (NOTE: IF IT IS A PORTION OF AN EASEMENT, DESCRIBE WHICH PORTION, IF IT IS AN ALLEY, DESCRIBE FROM WHERE TO WHERE OR WHAT LOT/S IT ABUTS, IF IT IS A RIGHT-OF-WAY DESCRIBE HOW MUCH TO BE VACATED): j0 foot w;4e alley. rlihnipli easi - wec? aho{ locttftzt A04 o{ Lois 2 512 6127 ao+cl zg , A LOCK A, S u NSE-r Pol v r R C ccl?-A T cL5 i-ecprow i m N-AT 2coK 41 r?gge 56 °( ire P14LI c RQ-C 4 cf frxellas COAj ,PZOt7Wq, alla- 10(vkalz. al1e (Ocq fQ of ' a 20 • l wine slr; ©f f0fd COKli wou? k r ur c??' ?ly to 1 e tlqsf G? G10`l?t i' r o t Ly 23,.SupIcef P?olNI Plq( A=(e?,Pves6oflAe PabA-- K"ecor4Of PI Vl:-: lAS <ot4 p7`Y ZOR1?q), A i%s 20 rof wrote /000 Os "corctpW,ra O. R, f3a,?C11q7/ Pcte- 2Gg? cdgie ku'64'r, RI;CoAD& of PA.,tt -t?s cO4vr(, t`l-ck,0A . 3. STREET ADDRESS OR SIMPLE LOCATION: AaEY ho:-It of 102 1o 1192- S uA,58 r POIP7 ROAD t CG"P,141A7L?, ICC. 55 ( MCA of psrcels 03, - 2 9 -15 -- 9800' 2- - 000 ` 0 29 } 4.. PROPOSED USE OF VACATED PROPERTY: 2-t rl ?;RA7`10v /r7C APDOAA Plkci OP- `plw 7ow,vHN .S8 ? t_?Etopl?fL- j' ".Sc{Nso- P01,07- Too- v /fotlr-4 ' of iliz k //?z Suk,ce( Po/hI Rd. 5. ZONING OF ADJOINING PROPERTY: P. 4 zo 5Lwwl &'J is `?. !offs, t6-20 SuL yctk sub4llA,?L, L hJ FILE:VACATION REQUEST FILING FORM.ENG C•1 Printed on recycled p&w Page 1 Rev(s-ed 6/04/01 r 6. r ATTACHMENTS: X LAND SURVEY OF PROPERTY IS REQUIRED IF THIS VACATION INVOLVES AN EXISTING ENCROACHMENT. X DRAWING SHOWING PROPOSED USE OF VACATED PROPERTY (SURVEY, PLOT PLAN, ETC.) X FILING FEE PER ORDINANCE NO. 5969-96; $500.00 FORA RIGHT-OF-WAY / ALLEY OR $400.00 FOR AN EASEMENT THE FOLLOWING LETTERS OF NO OBJECTION ARE REQUIRED: (LIST OF CONTACT.PERSONS FOR THE UTILITIES IS ATTACHED) 8. X FLORIDA POWER CORPORATION X GENERAL TELEPHONE COMPANY X GTE - AMERICAST X TIME WARNER CABLE OTHER NAME AND ADDRESS OF PROPERTY OWNER (PLEASE PRINT) NAME:ALL RROUIVD YQUk NQh .TNC, PHONE: 7z7 -gy-*Z O4z9g ADDRESS:- _P_0. OWNERS SIGNATURE STATE OF FLORIDA) COUNTY OF PINELLAS) r/ 3 CL LA) R 4/ A7-L:? 2 75 ? MIcHW--)kA! The foregoing instrument was acknowledged before me this by who is personally known to me or who has produced ?•L Ml- and _ as identification who d• (did not ake an oath. Notary Public, Commission No. IFW IF, - ._-- NorAp ), 'P1LE:VACATI0N REQ ?? OHiDA A?\ Printed on recycled pope? (Name of Notary typed, printed or stamped) Notary Pub!lc - State of Florida ? KCA2NGisslon Expires: 10-31.03 Commission Number: CC 884668 Page 2 1 Revised 6104/01 ?.. Florida dower A Progress Energy Company June 7, 2001 Couroyer Construction, Inc. 1135 Pierce Street Clearwater, Fl. 33756 Attn: Pierre Couroyer Re: Petition to Vacate the 10 foot alley north of Lots 25, 26, 27 and 28 of block A, Sunset Point replat as recorded in Plat Book 4, page 56. Dear Mfr. Couroyer, Florida Power Corporation has no objection to the petition to vacate for the above mentioned property, provide the exist right of way is re platted as a utility easement area. If-you have need of any further assistance, please contact me at 562-5656. Sincerely, ` r? G ,Haire Distribution Engineering GRH/eel I CLEARWATER ENGINEERING OFFICE: 2166 Palmetto Street Clearwater, Florida (813) 662-6868 A Florida Progress Company verjZLpn Media Ventures Inc. 3001 Gandy Boulevard North Mail Code FLSP2140 Pinellas Park, FL 33782 Date: August 23, 2001 Re: Petition to vacate 10' (foot) alley north of Lots 25, 26, 27 and 28, Block A, Sunset Point Replat. Dear: Pierre Cournoyer Thank you for advising us of the subject proposed plat / vacation of easement/R.O.W. Verizon Media Ventures, Inc. has no objection. 1. In order to properly evaluate this request, Verizon Media Ventures, Inc. will need detailed plans of facilities proposed for the subject area. Verizon Media Ventures, Inc. has facilities within this area which may conflict with the subject project. Verizon Media Ventures, Inc. has no objections provided easements for our facilities are granted or retained as shown on the attached drawing or applicant bears the expense for relocation of any Verizon Media Ventures, Inc. facilities to maintain service to customers affected by the proposed vacation. Please refer any further correspondence and pre-construction meeting notices to: Verizon Media Ventures, Inc. Mr. Daniel Anseeuw Engineering Supervisor FLSP 2140 3001 Gandy Blvd. N. Pinellas Park, FL 33782 Notes: i t. . Sincerely, Daniel Anseeuw Engineering Supervisor Verizon Media Ventures, Inc. VMV FORM'B' S/l1/00 S T I M E WA R N E R C 0 M Al U N 1 C A T 1 0 N 5 s Date: August 30, 2001 Re: Sunset Point Replat (lots 25-28, block A) Dear Pierre, Thank you for advising us of subject proposed project/ vacation/ adjustment. X . Time Warner has no objection. Time Warner has no objections provided easements for our facilities are granted or retained as shown on the attached drawing. Time Warner has no objections provided applicant bears the expense for relocation of any Time Warner facilities to maintain service to customers affected by the proposed vacation. In order to properly evaluate this request, Time Warner will need detailed plans of facilities proposed for subject areas. Time Warner has facilities within this area, which may conflict with subject project Please call one call locating. SEE NOTES Time Warner requires 30 days written notice prior to construction start date to relocate their facilities. Please refer any further correspondence and pre-construction meeting notices to: W. Scott Creas r at 503-5053 NOTES: PROVIDED THERE WILL BE AN EASEMENT FOR EXISTING FACILITIES Sincerely, W: Scott. Creasy - :.. Field Engineer III 2530 Drew Street, Clearwater, Florida 33765 Tel. 727.7973818 Fax 727.431.8601 A nivision of nme Warner OSP Engineering August 24, 2001 Mr. Pierre Cournoyer Cournoyer Construction, Inc. 1135 Pierce Street Clearwater, FL 33756 \OW ?M' "' 1280 E. Cleveland St., FLCW5033 Clearwater, FL 33755 727.562.1101 727.562.1194 Fax: 72 7.562.9615 RE: Vacate 10' Alley North of Sunset Point Road and Pinellas Trail Lots 25, 26, 27, and 28, Block A, Sunset Point-Replat Verizon Central Office 5211 Dear Mr. Cournoyer: Ale are in receipt of your request for information. Verizon has no objections to the vacation of the subject alley, providing proposed vacation will become a utility easement. Thank you for your cooperation with this office. Should you have any questions, please call Mike Clark at 727-562-1132 in the Clearwater OSP Engineering Office. Sincerely, V ??41wl Mike Hall Section Manager-OSP Engineering MH/MC:srt 4 1p Location Map ALL AROUND YOUR DOME, INC. NORTH Scale 1 " = 1320' CITY OF CLEARWATER, FLORIDA PUBLIC WORKS ADMINISTRATION ENGINEERING cum n VACATION REQUEST °'° DANC VAC2001-20 Off,OKM It ALL AROUND YOUR HOME, INC. sett -" S.D. 10' ALLEY NORTH OF I OF 0 CAN INCr-h.OW n??/ LOTS 25-28 SUNSET POINT o3 5 1Sf ?StA REPLAT , P.13.4 Pg.56 & 0 IMAM EXHIBIT "A„ SCa/e I" = 100' This is not a survey 1 C r rl R SUNNYDALE 2 r1o 21 / d- / N ' 4 2, 31 -12 Util. Ease. II y? 13 14 15 16 17 18 19 20 aca ion eq ste 3y A?op n t 21 1 22 1 23 1 24 UNSE T POINT DRIVE ?a ? A N " ,c0 E I ?4-I-56 SUNSET POINT ROAD 12 8 7 3 j 6 5 4 ti F/jis ?- s' util. Ease. 2928 27 0'y 31 30 419-1 / ?I I I rApr)n\/e i ni 29 C. R. 576 2 CITY OF CLEARWATER, FLORIDA PUBLIC WORKS ADMINISTRATION ENGINEERING 010NG VACATION REQUEST VAC 2M-20 oleo= by ALL AROUND YOUR HOME, INC. ?r SA 10' ALLEY NORTH OF 2 CAN rcr-f??-1MM2 04/15/2001 LOTS 25-28 SUNSET PORIT 03-ms-1sr WT I 251A REPLAT , P.B. 4 Pg.56 687s-01 NORTH Scale i~ = 100' 4' Es} t. SU N N YD ALE ? 4' ? 31-12 ? 13 14 15 Utilities Map All Around Your Horne, Inc. Sunset Pornt Road s? DRIVE 21 2' 17 18 19 Util. Ease. 16 F5' Util. E se. Plat Bk 31 P ( 12 20 c 21 1 22 1 23 1 24 251112 0 UTISEFPOINTI FA SUNSET POINT ROAD E 4 56 C.R. 576 N 29 N . , CITY OF CLEARWATER, FLORIDA PUBLIC WORKS ADMINISTRATION ENGINEERING D ?JNG VACATION REQUEST VACaim N& 2001-20 czaa er ALL AROUND YOUR HOME. INC. sir S.D. 10' ALLEY NORTH OF 3 OF 6 oAn seer-rwv-aa 9/t9/2001 LOTS 25-28 SUNSET POINT 03-22S 15E REPLAT. P.B. 4 P 56 0 251A q-01 Utilities Map AffAround YourHome, Inc. Sunset Point.Road Storm 8 M b? R F iJ CITY OF CLEARWATER, FLORIDA PUBLIC WORKS ADMINISTRATION ENGINEERING p A VACATION REQUEST VACvia *Q. 2001 20 oa[o®n ALL AROUND YOUR HOME, INC. somr s0 10' ALLEY NORTH OF 4 OF 0 DAN St.-ruw-wa 9/19/2wl LOTS 25-26 SUNSET POINT 03-29S-1.5E zA- REPLAY. P.B. 4 Pg. 56 0875-01 NORTH 2"PVC(86) SUNNYDALE DRIVE I ; Utilities Map A11 Around YourHome, Inc. Sunset Point .Road Water .16 G- c: ; F? so ? CITY OF CLEARWATER, FLORIDA PUBLIC WORKS ADMINISTRATION ENGINEERING D.KING VACATION REQUEST VA°C1-20 "Ou By ALL AROUND YOUR HOME. INC. aar &D• 10' ALLY NORTH OF 5 OF 6 9/19/gmt LOTS 25-28 SUNSET POINT o3-22s- m 251A REPEAT, P.B. 4 Pg. 56 887s of at ,? SUNSET POINT _ RD. O.R. 576 Utilities Map AU Around YourHome, Inc. Sunset Point Road Z nln? d 0%A SUNSET POINT CITY OF CLEARWATER, FLORIDA PUBLIC WORKS ADMINISTRATION ENGINEERING p Kirk VACATION REQUEST VAC2001 -20 oroo By ALL AROUND YOUR HOME, INC. 91at s.0. 10' ALLEY NORTH OF 6 OF 6 DATE sccr-ror r-w o 9/19/2001 LOTS 25-26 SUNSET POINT 03-29S-IM 251A REPLAT. P.B. 4 Pg. 56 ; ITEM # I O 11 im f NArEIV, Clearwater City Commission Agenda Cover Memorandum Work session Item #: Final Aqenda Item # d Meeting Date: 10/18/01 SUBJECT/RECOM M ENDATION: Approve the applicant's request to vacate portions of the rights-of-way of Ewing Avenue, Park Street and Pierce Street as described in Exhibit "A" of the proposed ordinance and pass Ordinance Number 6879-01 on first reading, subject to retaining a utility easement over the full width of Pierce Street (V2001-21 City of Clearwater), © and that the appropriate officials be authorized to execute same. SUMMARY: • The vacation request is to enable the "Town Pond Rehabilitation Project" . • The City of Clearwater currently has sanitary sewer, stormwater, and water facilities in the areas to be vacated. • Public Works Administration has no objections to the vacation request subject to the condition that a utility easement is retained over the full width of Pierce Street. • Florida Power, Time Wamer, Verizon and Verizon Media Ventures, Inc. have no objection to the vacation request if a utility easement is retained over the full width of the portion of Pierce Street to be vacated. Reviewed by: Originating Dept: Costs N/A Legal Info Srvc N/A Public Works Administr tion Total Budget N/A Public Works User Dept. Funding Source: Purchasing N/A DCM/ACM N/A Current FY Cl Risk Mgmt N/A Other N/A Attachments OP Ord. No. 6879-01 Other Submitted by: Location Map City Manager Appropriation Code: w. nn recvcled naner VACATION 2001-21 Citv of Clearwater i13 ff,771 ORDINANCE NO. 6879-01 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, PARCEL B-1 (PORTIONS OF THE RIGHTS-OF- WAY OF EWING AVENUE AND PARK STREET) AND PARCEL B-1 (A PORTION OF THE RIGHT-OF-WAY OF PIERCE STREET), SUBJECT TO A DRAINAGE AND UTILITY EASEMENT WHICH IS RETAINED OVER THE FULL WIDTH THEREOF; PROVIDING AN EFFECTIVE DATE. WHEREAS, City of Clearwater, owner of real property located in Clearwater, has requested that the City vacate the right-of-way depicted attached hereto; and the City of in Exhibit A WHEREAS, the City Commission finds that said right-of-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, FLORIDA: Section 1. The following: See legal description attached hereto is hereby vacated, closed and released, and the City of Clearwater releases all of its right, title and interest thereto, except that the City of Clearwater hereby retains a drainage and utility easement over the described property for the installation and maintenance of any and all public utilities thereon. Section 2. The City Clerk shall record this ordinance in the public records of Pinellas County, Florida, following adoption. Section 3. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED ??.atl A roved as to for J e C. Hayman Assistant Chyy Attorney Brian J. Aungst Mayor-Commissioner Attest Cynthia E. Goudeau City Clerk Ordinance No. 6879-01 EXHIBIT "A" Vacation Parcel B-1: Portions of the Rights-of-way of Ewing Avenue and Park Street. Begin at the Northwest corner of Lot 1, Block 3, Magnolia Park, as recorded in Plat Book 1, Page 70 of the Public Records of Hillsborough County, Florida, of which Pinellas County was once a part; thence NO0°17'56" W, 60.00 feet; thence N89'57'1 2"E, 488.52 feet; thence S00°02'48"E, 60.00 feet; thence S00°17'56"E, 65.30 feet; thence N89°57'12"E, 1.11 feet,, thence S00°20'23"E, 69.20 feet; thence S89°57'12" W, 6.00 feet; thence 500'20'23"E, 50.00 ?1? feet; thence S89°57'12"W, 6.00 feet; thence S00°20'23"E, 80.50 feet; thence S89 °57'12"W, 30.00 feet; thence NO0°20'23"W, 196.52 feet; thence N89°57'12"E, 11.59 feet; thence N00°17'56"W, 68.48 feet, thence S89°57'12" W, 458.95 feet to the point of !beginning. (Containing 38,736.79 S.F., M.O.L) Q- S:\.Projects\J)owntown Pond - #98-0116-EIWegals for RightofWay Vacation.doc LINE TABLE LINE LENGTH BEARING L6 60.00 S00'02'48"E L7 65.30 S00'1 7'56"E L8 1.11 N89'57'1 2"E L9 69.20 S00'20'23"E L10 6.00 S89'57'12"W L11 50.00 S00'20'2301E L12 6.00 S89'57'12"W L13 80.50 S00'20'23"E L14 30.00 S89'57'1 2"W L15 11.59 N89'57'1 2"E L1 fi 68.48 N001 7'56"W t UK 0 \i AI umn O O ss M I I I i z o cn ? 11 EXHIBIT "A" This is not c survey V X-Z,? Denotes Right Of Way To Be Vacated UK 0 I UK n I w 1 i UK M I 1 err M 1 1K D UK 4 1 UK A I I I i N89'B7'12"E i 488.52' o/ PARK, STREET///// ,- a„ _ 589'57'12W W = ? ?., 458.95' r- &W a Q 1\.N? 0.8. TRACT B-i "" I w?n,Araw I ? • _ '??? v I na "`Mm '• CORNER (Y LOT 1. F& 1. ftn LLJ w.. f-- BLOCK 3. MAgNOUA PARK 1..... _ .....1 I U _.._.._.. t1 Q M aor mOw0 man -or M lomw V / I , ? 7 1K1 O I0gK1 01.P? A {0f M ?.._.._..._.._.._.._...?.. _.. _.._.._.._.._...._..? p?? o L10 urn ^j we p _, UN0 .. _ .....? .. _ ...+ .. _ .. _ .. .. ? .. _ .. .. _ .. _ .. _ .. ?....? .. _ ? ? L12 .. u.l •A p{Af /01 1 IK t RT Icfr" 0Y W r G v a0 , I r- IK tN M ur • PIERCE STREET 011 ui I PARCEL B -1 CITY OF CLEARWATER. FIARIDA _ ...1.. _ S c a I e ? 1 ' =10 0' _ PUBLE WORKS ADMINISTRATION j ?. LIGMEERING up 0 REV 9/17/01 EXHIBIT "A" Vacation Parcel B-2; A Portion of the Right-of-Way of Pierce Street. That portion of the right-of-way of Pierce Street lying between Prospect Avenue and Ewing Avenue. (Containing 26,985.52 S.F., M.O.L) ICY27RIN SAProjectsMowntown Pond - #98-0116-EN1legals for R.ightofWay Vacation.doc EXHIBIT „A„ This is not a survey I_ Denotes Right Of Way To Be Vacated CLEVELAND STREET 1 Df T I lA O I dTb OCR LOf T I La I I LDT , I LOf • I L,, , I LOT . I LOT T I LOT O I I I I I ( I I 1 LOTS I M10 I l I I i I I I I I i ,. • • ?? • • ?? • • • • • . • • , _ • • ?. . • • • • 0 • 1 1 ^ r . '1LLOLOy 1A1k r - tr ?e •r r6 L R A r r^. I I I I mm i i I I I r rr a I I I I I I I I I u" m I w is I LOT . I LOf h I LOT M I LOT tf I LOT N I LL7f 0 I LOT 0 ( LOT „ I I I I I I I I I I_! I I ____ I 1 PARK STREET i R M I i ?UK .. ?T Lt UT u F " U N 3 LL UN I ? ,,. , LOf , LOT . I LaT. %umum "Se .LL14A ? • ILOOL 7 I T •A TOUT f4 A$&= w "1240 ft= AT It"foc d%V" .r MrY w ao.orw LLaowrY LOT 1 TtM4 own LOP n UN 2 i lOT • LOT ? IDT • Am OR IERCE STREE W LOT, LOT i •A Z I W _.._..uff ... ` LOI > L8T S PARCEL B-°T2 LOTO Scale: 1'=1 00' CITY OF CLEARWA= FY.ORIDA ? n LOT 7 WORKS ADMINISTRATION PUBLIC ? De rENGWFERTNG I REV. 9 17/01 CITY OF CLEARWATER - ENGINEERING SERVICES 100 SOUTH MYRTLE AVENUE - ROOM 211 P.O. BOX 4748, CLEARWATER, FL. 33758-4748 PH. (813)562-4750, FAX (813)562-4755 VACATION REQUEST FILING FORM 1. NAME OF APPLICANT OR DESIGNATED REPRESENTATIVE: FORM NUMBER 1311-0104 NAME: City of Clearwater Public Works Administration PHONE: (727) 562-4773 ADDRESS: 100 South Myrtle Ave., Room # 220, Clearwater, Florida 33756-5520 HEREBY PETITION THE CITY COMMISSION OF THE CITY OF CLEARWATER FOR THE VACATION OF THE FOLLOWING: F-1 EASEMENT TYPE: Fxl STREET RIGHT-OF-WAY F-1 ALLEY OTHER 2. LEGAL DESCRIPTION OF PROPERTY TO BE VACATED (NOTE: IF IT IS A PORTION OF .AN EASEMENT, DESCRIBE WHICH PORTION, IF IT IS AN ALLEY, DESCRIBE FROM WHERE TO WHERE OR WHAT LOT/S IT ABUTS, IF IT IS A RIGHT-OF-WAY DESCRIBE HOW MUCH TO BE VACATED): Vacate Street right of way portions "B-1" and "B-2" described in attached. 3. STREET ADDRESS OR SIMPLE LOCATION: Park Street, Pierce Street and Ewing Avenue. 4. PROPOSED USE OF VACATED PROPERTY: City of Clearwater Town Pond 5. ZONING OF ADJOINING PROPERTY: North: D South: D East: D FILE:1/ACATION REQUEST FILING FORM.ENG Printed on r*CYded D+w? Page I West: D Revised 9/17=1 6. ATTACHMENTS: X LAND SURVEY OF PROPERTY IS REQUIRED IF THIS VACATION INVOLVES AN EXISTING ENCROACHMENT. X DRAWING SHOWING PROPOSED USE OF VACATED PROPERTY (SURVEY, PLOT PLAN, ETC.) X FILING FEE PER ORDINANCE NO. 5969-96; $500.00 FOR A RIGHT-OF-WAY / ALLEY OR $400.00 FOR AN EASEMENT THE FOLLOWING LETTERS OF NO OBJECTION ARE REQUIRED: (LIST OF CONTACT PERSONS FOR THE UTILITIES IS ATTACHED) X FLORIDA POWER CORPORATION X VERIZON FLORIDA, INC. X VERIZON MEDIA VENTURES, INC. X TIME WARNER CABLE OTHER /. NAME AND ADDRESS OF PROPERTY OWNER (PLEASE PRINT) NAME: Public Works Administration (,Contact Steve Doherty) PHONE: (727) 562-4773 ADDRESS: P.O. Box 4748 Clearwater, FL 33758-4748 8. OWNERS SIGNATURE STATE OF FLORIDA) COUNTY OF PINELLAS) The foregoing instrument was acknowledged before me this by , who is personally known to me or who has produced as identification and who did (did not) take an oath. Notary Public, Commission No. (Name of Notary typed, printed or stamped) FILE:VACATION REQUEST FILING FORKENG 40 Prinud on roeydod popw Page 2 Revised 9117/2001 DD i TIME WARNER ` , ? nU. 2 0 2001 J C 0 M. N U N I C A T I 0 N S i (J CIEARWA (: . Date: July 19, 2001 Re: PROSPECT AVE., EWING AVE., PART{ ST. PARCELS 1-5 Dear Stephen L. Doherty, Thank you for advising us of subject proposed project/ vacation/ adjustment. X Time Warner has no objection. Time Warner has no objections provided easements for our facilities are granted or retained as shown on the attached drawing. Time Warner has no objections provided applicant bears the expense for relocation of any Time Warner facilities to maintain service to customers affected by the proposed vacation. In order to properly evaluate this request, Time Warner will need detailed plans of facilities proposed for subject areas. Time Warner has facilities within this area, which may conflict with subject project Please call one call locating. SEE NO'T'ES Time Warner requires 30 days written notice prior to construction start date to relocate their facilities. Please refer any further correspondence and pre-construction meeting notices to: W. Scott Creasy at 803-5053 NOTES: Time Warner has No Objection Sincerely, W. Scott Creasy Field Engineer II 2530 Drew Street, Clearwater, Florida 33765 Tel. 727.797.1818 Fax 727.431.8601 A Division of Time Warner Infrastructure Provisioning OSP Engineering July 12, 2001 Mr. Steve Doherty Public Works Administration P.O. Box 4748 Clearwater, FL 337584748 ?I7j?f 1280 E. Cleveland St., FLCW5033 Clearwater, FL 33755 727.562.1101 727.562.1194 Fax: 727.562.9615 RE: LETTER DATED JULY 5, 2001, REQUESTING TO VACATE PORTION OF SIX STREET RIGHT-OF-WAY, PARCEL #1-#2-#3-#4-#5-#61 VERIZON CENTRAL OFFICE- CLEARWATER-5211. Dear Mr. Doherty: We are in receipt of your request for information. Verizon has no objections to the vacation of the subject right-of-way, providing proposed vacation will become a utility easement. Thank you for your cooperation with this office. Should you have any questions, please call AI Frazier at (727) 562-1140 in the Clearwater OSP Engineering Office. Sincerely, Mike Hall Group Supervisor-OSP Engineering MH/srt ??; JUL23 2001 vent Media Ventures Inc. 3001 Gandy Boulevard North Mail Code FLSP2140 Pinellas Park, FL 33782 Date: July 3, 2001' Re: Petition tc vacate six (6) street R.O.W. portions as described per fax dated July 3, 2001 from the City of Clearwater Public Works Administration and attached herewith. Dear: Stephen L. Doherty Thank you for advising us of the subject proposed plat / vacation of easement/R.O.W. ._._.X._... Verizon Media Ventures, Inc. has no objection. In order to properly evaluate this request, Verizon Media Ventures, Inc. will need detailed plans of facilities proposed for the subject area. --`w= } Verizon Media Ventures, Inc. has facilities within this area which may conflict with the subject project. Verizon Media Ventures, Inc. has no objections provided easements for our facilities are granted or retained as shown on the attached drawing or applicant bears the expense for relocation of any Verizon Media Ventures, Inc. facilities to maintain service to customers affected by the proposed vacation. Please refer any further correspondence and pre-construction meeting notices to: Verizon Media Ventures, Inc. Mr. Daniel Anseeuw Engineering Supervisor FLSP 2140 3001 Gandy Blvd. N. Pinellas Park, FL 33782 Notes: Sincerely, @&Daniel Anseeuw Engineering Supervisor --? - ?, Verizon Media Ventures, Inc. ` r 1 C °1 i?S wTM" "` .JV'i. ? 2 VMV FORM B' 8111/00 C,iY ot -C, L! TI.-A! ER _ PIIF1IICY,'QRKS A3-WNISTRATION ?r Florida Power A Progress Energy Company July 5, 2001 Public Works Administration P.O. Box 4748 Clearwater, Fl. 33758-4748 Attn: Stephen L. Doherty Re: Request of letter of no objection for street right of way vacation. (see attached locations) Dear Mr. Doherty, Florida Power Corporation has no objection to the street right of way vacation, for the above mentioned streets. _...'" We will obtain a blanket easement for the project. if you have need of any further assistance, please contact me at 562-5656 Sincerely, Garry R Distribution Engineering GRWeel -?L'- - 2001 ----------------- CLEARWATER ENGINEERING OFFICE: 2186 Palmetto Street Clearwater, Florida (813) 582-5668 A Florida Progress Company Clearwater City 4 Commission Agenda Cover Memorandum Work session Item #: Final Agenda Item Meeting Date: SUBJECURECOMMENDATION: 6 Petition for Annexation, Land Use Plan and Zoning Atlas Amendments for 1312 State Street (The Southerly 71.00 feet of Lot 10, E.A. Marshall Subdivision in Section 03, Township 29 South, Range 15 East) ; Owner: Clearwater Village L.C. MOTION: APPROVE the Petition for Annexation, Land Use Plan Amendment from County Residential Low Medium to City Residential Low Medium and Zoning Atlas Amendment from County Zoning Residential, One, Two and Three Family District (R-4) to City Medium Density Residential (MDR) Zoning District for 1312 State Street with the condition that any single family dwelling constructed complies with the Community Development Code requirements (The Southerly 71.00 feet of Lot 10, E.A. Marshall Subdivision in Section 03, Township 29 South, Range 15 East) and PASS Ordinances No. 6847-01, 6848-01 & 6849-01 on first reading. (CC ANX 01-07-13) 21 and that the appropriate officials be authorized to execute same. SUMMARY: This site is located at 1312 State Street, on the north side of State Street, approximately 610 feet north of Sunset Point Road. The purpose of the annexation is to enable the applicant to receive City sanitary s- --ir service. The subject site is currently vacant. A house used to be located on this site, however, it W .'ecently demolished. The applicant intends to develop the site with a detached dwelling unit following this annexation. The subject site is approximately 0.14 acres and would allow one single family residence based on a density of 10 dwelling units per acre in the current Residential Low Medium plan category and Medium Density Residential (MDR) zoning district. The annexation of this property will eliminate an existing enclave in this area. This site is a part of the proposed "Clearwater Village" master plan which is a proposed 118 unit residential development. Sewer service will be provided by the City of Clearwater upon satisfactory completion of a privately owned and maintained sanitary sewer system which is to be constructed by and lying within the proposed "Clearwater Village" master plan per the Public Works Administration letter of July 3, 2001. The sewer impact fee of $900.00 was paid by the applicant on July 3, 2001. The City will also require payment for the utility deposit upon the completion of this new home. viewed by: Originating Dept: ,-egal ?ry n Info Srvc N/A PLANNING DEPARTMENT ?? (ETIM S. UD9W -1 Budget N/A Public N/A User Dept. Works Purchasin N/A DCM/ACM PLANNING DEP T T 9 Risk Mgmt N/A Other Attachments ORDINANCES NO. 6847-01, 6848-01 & 6849-01 STAFF REPORT ....emitted by, City Manager ?• 0 None Print©d on racvcled DaDer Costs Total /I October 18, 2001 Funding Source: Current CI FY OP riation Code: Other Rev. 2/98 CC ANX 01-07-13 Clearwater Village, L.C. October 18, 2001 Page 2 ` The Planning Department determined that the proposed annexation is consistent with the following standards specified in the Community Development Code : • The proposed annexation will not have an adverse impact on public facilities and their level of service. • The proposed annexation is consistent with the City's Comprehensive Plan, the Countywide Plan and the Community Development Code. • The proposed annexation is contiguous to existing municipal boundaries, represents a logical extension of the boundaries and does not create an enclave. This annexation has been reviewed by the Pinellas Planning Council (PPC) and Pinellas County staff according to the provisions of the County Ordinance No. 00-63, Section 7(1-3), and no objections have been received from these offices. The Planning Department determined that the proposed land use plan amendment and rezoning applications are consistent with the following standards specified in the Community Development Code: • The proposed land use plan amendment and rezoning application are consistent with the Comprehensive Plan. S The potential range of uses and the specific proposed use are compatible with the surrounding area. • Sufficient public facilities are available to serve the property. • The applications will not have an adverse impact on the natural environment. Pursuant to the Interlocal Agreement with Pinellas County, review by the Pinellas Planning Council will not be required for the plan amendment. The Planning Department recommends approval of this annexation with the condition that any single family dwelling constructed on this property complies with Community Development Code requirements. The Community Development Board reviewed these applications at their public hearing meeting of September 18, 2001 and unanimously recommended approval. 2 ORDINANCE NO. 6847-01 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTY LOCATED ON THE NORTH SIDE OF STATE STREET, APPROXIMATELY 610 FEET NORTH OF SUNSET POINT ROAD, CONSISTING OF THE SOUTHERLY 71 FEET OF LOT 10, E.A. MARSHALL SUBDIVISION, LESS THE WESTERLY 240 FEET THEREOF, WHOSE POST OFFICE ADDRESS IS 1312 STATE STREET, 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 allapplicable 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: The Southerly 71.00 feet of Lot 10, E.A. Marshall Subdivision, according to the map or plat thereof as recorded in Plat Book 3, Page 44, Public Records of Pinellas County, Florida, less the Westerly 240.00 feet thereof. (ANX 01-07-13) 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 irclude 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 Approved as to fo Leslie K. DougalF=Side Assistant City Attorney Brian J. Aungst Mayor-Commissioner Attest: Cynthia E. Goudeau City Clerk Ordinance No. 6847-01 PROPOSED ANNEXATION AND ZONING. CLASSIFICATION I OWNER: Clearwater Village L.C. CASE: ANX 01- 07-13 SITE: 1312 State Street i PROPERTY SIZE (ACRES): 0.14 ZONING FROM: R-4 /County TO: MDR LAND USE Residential Low Medium Residential Low Medium PIN: 03/29/16/555481000/0100 A iLAS 251B PAGE: Ordinance No. 6847-0I ?c ORDINANCE NO. 6848-01 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE FUTURE LAND USE PLAN ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY, TO DESIGNATE THE LAND USE FOR CERTAIN REAL PROPERTY LOCATED ON THE NORTH SIDE OF STATE STREET, APPROXIMATELY 610 FEET NORTH OF SUNSET POINT ROAD, CONSISTING OF THE SOUTHERLY 71 FEET OF LOT 10, E.A. MARSHALL SUBDIVISION, LESS THE WESTERLY 240 FEET THEREOF, WHOSE POST OFFICE ADDRESS IS 1312 STATE STREET, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS RESIDENTIAL LOW MEDIUM; 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 Land Use Category The Southerly 71.00 feet of Lot 10, E.A. Marshall Residential Low Medium Subdivision, according to the map or plat thereof as recorded in Plat Book 3, Page 44, Public Records of Pinellas County, Florida, less the Westerly 240.00 feet thereof. (ANX 01-07-13) 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. 6847-01, 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 § 163.3189, Florida Statutes. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Brian J. Aungst Mayor-Commissioner or : A p ved as it A4i Leslie K. Dou9all es Assistant City Attorney Attest: Cynthia E. Goudeau City Clerk Ordinance No. 6848-01 R T STREET ---- ----- wt M .? J -EtKlLa DRIVE IDLE ML0 DRIVE ??..? _-• _-- R -- Woom eM wa T ana kCE _ oov -.- D 2 W U I 1.± . 9ERTLAND WAY E STATE , - RM whm -- , '. sat now . ?. . w m -- x w R/ 0,S W0001_ AVM . R$ %-A Rm -------------- •==-==----=-== 3 • P . COUNTYWIDE FUTURE LAND USE PLAN MAP NAME: CLEARWATER VII.LAGE L.C. 1312 STATE STREET PLAN DESIGNATION:. RESIDENTIAL LOW MEDIUM ATLAS PAGE: 251B SEC. 03 TWP: 29S RGE: 15E COMMUNITY DEVELOPMENT BOARD: SEP'T'EMBER 18, 2001 II Ordinance No. 6848-01 b CIRCLE N ORDINANCE NO. 6849-01 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY ZONING CERTAIN REAL PROPERTY LOCATED ON THE NORTH SIDE OF STATE STREET, APPROXIMATELY 610 FEET NORTH OF SUNSET POINT ROAD, CONSISTING OF 7HE SOUTHERLY 71 FEET OF LOT 10, E.A. MARSHALL SUBDIVISION, LESS THE WESTERLY 240 FEET THEREOF, WHOSE POST OFFICE ADDRESS IS 1312 STATE STREET, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS MEDIUM DENSITY RESIDENTIAL (MDR); 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 The Southerly 71.00 feet of Lot 10, E.A. Marshall Subdivision, according to the map or plat thereof as recorded in Plat Book 3, ?. Page 44, Public Records of Pinellas County, Florida, less the Westerly 240.00 feet thereof. (ANX 01-07-13) Zoning District Medium Density Residential (MDR) 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. 6847-01. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Approved as to form: 4 - P-46 0, , "a,- C. /. 74 ;e - 11 ? -Izcp- eslie K. Doug'all-Sidej L Assistant City Attorney Brian J. Aungst Mayor-Commissioner Attest: Cynthia E. Goudeau City Clerk Ordinance No. 6849-01 W PROPOSED ANNEXATION AND ZONING CLASSIFICATION OWNER: Clearwater Village L.C. CASE: ANX 01-07-13 SITE: 1312 State Street I PROPERTY SIZE (ACRES): 0.14 ZONING LAND USE FROM: R-4 /County Residential Low Medium PIN: 03/29/15/55548/000/0100 MDR Residential Low Medium TO: ATLAS 2518 PAGE: Ordinance No. 6849-01 CDB Meeting Date: September 18, 2001 Case No. ANX 01-07-13 Agenda Item: D.1. CITY OF CLEARWATER PLANNING DEPARTMENT STAFF REPORT GENERAL INFORMATION OWNER: Clearwater Village, L.C. LOCATION: 1312 State Street, on the north side of State Street, approximately 610 feet north of Sunset Point Road and 300 feet west of King's Highway. REQUEST: To annex the property into the City of Clearwater at the request of the property owner and approve the appropriate. City land use plan category and zoning district. SITE INFORMATION PROPERTY SIZE: 6,334.8 square feet or 0.14 acres 71.01 feet wide by 89.21 feet deep PROPERTY USE Current Use: Vacant lot to be developed Proposed Use: Single family dwelling PLAN CATEGORY Current County Plan Category: Residential Low Medium Proposed City Plan Category: Residential Low Medium ZONING DISTRICT Current County Zoning District: Proposed City Zoning District: Residential, One, Two and Three Family District (R-4) Medium Density Residential (MDR) CDB ANX 01-07-13 September 18, 2001 Page 2 ANALYSIS The property owner has requested this annexation in order to receive City sewer service. The City has been providing water service to this property since July 22, 1987. A house used to be located on this site, however, it was recently demolished. The property will have a land use plan designation of Residential Low Medium and it is proposed to be zoned Medium Density Residential (MDR). The applicant intends to develop the site with a detached dwelling unit following this annexation. The subject site is approximately 6,334.8 square feet or 0.14 acres and would allow one single family residence based on a density of 10 dwelling units per acre in the current Residential Low Medium plan category and Medium Density Residential (MDR) zoning district. The annexation of this property will eliminate an existing enclave in this area. 1. IMPACT ON CI'T'Y SERVICES Water and Sewer: Water is an essential necessity of life and the City does not require an Agreement to Annex in order to provide this type of service. The applicant is currently receiving water from the City and will continue to do so. This site is a part of the proposed "Clearwater Village" master plan which is a proposed 118 unit residential development. Sewer service will be provided by the City of Clearwater upon satisfactory completion of a privately owned and maintained sanitary sewer system which is to be constructed by and lying within the proposed "Clearwater Village" master plan per the Public Works Administration letter of July 3, 2001. The sewer impact fee of $900.00 was paid by the applicant on July 3, 2001. The City will also require payment for the utility deposit upon the completion of this new home. Solid Waste: Collection of solid waste will be provided by the City of Clearwater. The City has an interlocal agreement with Pinellas County to provide for the disposal of solid waste at the County's Resource Recovery Plant and available capacity is available to serve the property. Police: The property is located within the East Police District and service will be administered through District 2 located at 645 Pierce Street. There are currently 43 patrol officers and 6 patrol sergeants assigned to this district. Community policing service will be provided through the City's zone system and officers in the field. The Police Department has stated that they will be able to serve this property and the annexation will not adversely affect police service and response time. W CDB ANX 01-07-13 September 18, 2001 Page 3 Fire and Emergency Medical Services: Fire and emergency medical services will be provided to the property by Station #45 located at 610 Franklin Street. The Fire Department has stated that they will be able to serve this property and the annexation will not adversely affect fire and EMS service and response time. In summary, the proposed annexation will not have an adverse effect on public facilities and their level of service. II. CONSISTENCY WITH THE CITY'S COMPREHENSIVE PLAN The annexation promotes infill development as stated in the following clauses from the Future Land Use Needs Summary and Goals and Objectives of the Clearwater Comprehensive Plan: • Vacant developable land in Clearwater has been reduced from approximately 1,034 acres in 1989, to approximately 600 acres in 1996. Most of these parcels are less than one acre in size. Infill development, urban conservation, and urban renewal strategies will continue to be predominate in implementing Clearwater's plan. 2.1 Objective - The City of Clearwater shall continue to support innovative planned development and mixed land use development techniques in order to promote infill development that is consistent and compatible with the surrounding environment. 2.4 Objective - Compact urban development within the urban service area shall be promoted through application of the Clearwater Community Development Code. 3. Goal -- A sufficient variety and amount of future land use categories shall be provided to accommodate public demand and promote infill development. In summary, the proposed annexation is consistent with the City's Comprehensive Plan both in the Future Land Use Map and the goals and policies of the Plan. III. CONSISTENCY OF DEVELOPMENT WITH COMMUNITY DEVELOMENT CODE AND CITY REGULATIONS The appropriate zoning district under the Community Development Code is the Medium Density Residential (MDR) district. The dimensional requirements of th?s district are consistent with the surrounding development on this site. The application for annexation } covers a vacant lot intended to be developed with a detached dwelling unit. Detached CDB ANX 01-07-13 September 18, 2001 Page 4 dwelling units are required to have a minimum lot size of 5,000 square feet in the MI)R zoning district. The subject property has a lot size of 6,334.8 square feet which exceeds the minimum lot size requirement of the MDR zoning district. A minimum lot width of 50 feet and a lot area of 5,000 square feet are required for the MDR zoning district. In addition, a review of the dimensions of the subject property indicates a width of 71.01 feet and a depth of 89.21 feet. The site meets the dimensional requirements of the MDR district as a standard development. IV. . CONSISTENCY WITH THE COUNTYWIDE PLAN The Pinellas County Comprehensive Plan and the Countywide Plan designates the site as Residential Low Medium. The intent of this designation is to depict those areas of the County that are now developed or appropriate to be developed, in a low to moderately intensive residential manner and to recognize such areas as primarily well-suited for residential uses that are consistent with the urban qualities and natural characteristics of such areas. Residential uses are the primary uses in this plan category up to a maximum density of 10 dwelling units per acre. Other permissible uses in the Residential Low Medium plan category include Residential Equivalent; Institutional; Transportation/ Utility; Public Educational Facility; Ancillary Non-Residential and Recreation/Open Space uses. There is no change requested in the Comprehensive Plan category of the site. It will remain Residential Low Medium with a maximum density of 10 dwelling units per acre. However, this annexation requires a review by the Pinellas Planning Council (PPC) and Pinellas County pursuant to the Pinellas County Charter amendment approved by referendum on November 7, 2000. The PPC and County staff have reviewed this annexation and have no objections. V. CONSISTENCY WITH FLORIDA LAW Florida Statutes require that a proposed annexation be both contiguous with the existing municipal boundaries and compact in its concentration (Florida Statutes Chapter 171). This property is contiguous with the existing City boundaries to the north, south, east and west of the property and represents a logical extension of the existing boundaries. The compactness standard of Florida law requires that the annexation does not create an enclave or a serpentine pattern of municipal boundaries. The annexation of this property is consistent with this standard and no new enclave will be created by annexation of this property. In summary, the annexation of this property is consistent with Florida law. *' 16 46 A is CDB ANX 01-07-13 September 18, 2001 Page S VI. CODE ENFORCEMENT ANALYSIS There are no current code enforcement violations or any code enforcement history on this site. SUMMARY AND RECOMMENDATIONS The proposed annexation can be served by all City of Clearwater services, including utilities, police, fire and emergency medical services without any adverse effect on the service level. The applicant has paid the applicable sewer impact fee of $900.00 and is also aware of the additional cost to connect the property to the City utility systems. The proposed annexation and use is 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 property can meet the dimensional requirements of the MDR district of the new Community Development Code. Finally, the proposed annexation is consistent with Florida law regarding municipal annexation through its adjacency with existing City boundaries and is compact in concentration. Based on the above analysis, the Planning Department recommends the following actions on the request with the condition that any single family dwelling constructed complies with Clearwater Community Development Code requirements. Recommend APPROVAL of the annexation of the property located at 1312 State Street. Recommend APPROVAL of the Residential Low Medium plan category pursuant to the City's Comprehensive Plan. Recommend APPROVAL of the Medium Density Residential (MDR) zoning district pursuant to the City's Community Development Code. Prepared by: Edm 3?L.Jdoh Senior Planner Clearwater Cit Work session Item #: OED _ o y •- ??°? Commission Final Agenda Item Agenda Cover # Memorandum Meeting Date: October 18, 2001 SUBJECT/RECOMMENDATION: • Petition for Annexation, Land Use Plan and Zoning Atlas Amendments for 1015 Ridge Avenue (Lot 9, Block 5, Highland Pines Subdivision in Section 11, Township 29 South, Range 15 East) ; Owner: Don Strom. (NOTION: APPROVE the Petition for Annexation, Land Use Plan Amendment from County Residential Urban to City Residential Urban and Zoning Atlas Amendment from County Zoning Residential, Single Family District (R-3) to City Low Medium Density Residential (LMDR) Zoning District for 1015 Ridge Avenue (Lot 9, Block. 5, Highland Pines Subdivision in Section 11, Township 29 South, Range 15 East) and PASS Ordinances No. 6850-01, 6851-01 & 6852-01 on first reading. (CC ANX 01 -07-14) 0 and that the appropriate officials be authorized to execute some. SUMMARY: This site is located at 1015 Ridge Avenue, on the east side of Ridge Avenue, approximately 240 feet north of Palmetto Street. The purpose of the annexation is to enable the applicant to receive City sanitary sewer service. The City has been providing water service to this property since February 23, 1989. The subject property is an e? Ig single family residential home and the site is approximately 0.17 acres in size. The annexation of this pt,,. __rty also includes the abutting right-of-way along Ridge Avenue and will also eliminate an existing enclave in the area. The property will be served by the City of Clearwater sanitary sewer service and the capacity for the project is available for this utility. The closest sewer line is located at the rear easement of the subject site. The sewer impact fee of $900.00 was paid by the applicant on July 18, 2001. The applicant is aware of the additional cost to extend sewer service to the property which is estimated to be $1,000.00 and will be responsible for this payment. The City will also require payment for the utility deposit for this existing home. The Planning Department determined that the proposed annexation is consistent with the following standards specified in the Community Development Code: Reviewed by: Originating Dept: Costs Legal X Info Srvc N/A PLANNING DEPARTMENT Total XED. (ETIM S. U Budget N/A Public N/A User Dept. Funding Source: Works Purchasin N/A DCM/ACM PLANNING DEPARTMENTO Current Cl 9 FY Risk Mgmt N/A Other Attachments OP ORDINANCES NO. 6850-01, Other 6351-01 & 6852-01 STAFF REPORT -1 Submitted by: m ? City Manager ouo? O None Appropriation Code: Printed on recycled Paper Rev. 2/98 W CC ANX 01-07-14 Don Strom October 18, 2001 Page 2 0 The proposed annexation will not have an adverse impact on public facilities and their level of service. The proposed annexation is consistent with the City's Comprehensive Plan, the Countywide Plan and the Community Development Code. The proposed annexation is contiguous to existing municipal boundaries, represents a logical extension of the boundaries and does not create an enclave. This annexation has been reviewed by the Pinellas Planning Council (PPC) and Pinellas County staff according to the provisions of the County Ordinance No. 00-63, Section 7(1-3), and no objections have been received from these offices. The Planning Department determined that the proposed land use plan amendment and rezoning applications are consistent with the following standards specified in the Community Development Code: The proposed land use plan amendment and rezoning application are consistent with the Comprehensive Plan. • The potential range of uses and the specific proposed use are compatible with the surrounding area. Sufficient public facilities are available to serve the property. e The applications will not have an adverse impact on the natural environment. Pursuant to the Interlocal Agreement with Pinellas County, review by the Pinellas Planning Council will not be required for the plan amendment. The Community Development Board reviewed these applications at their public hearing meeting of September 18, 2001 and unanimously recommended approval. ORDINANCE NO. 6850-01 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTY LOCATED ON THE EAST SIDE OF RIDGE AVENUE, APPROXIMATELY 240 FEET NORTH OF PALMETTO STREET, CONSISTING OF LOT 9, BLOCK 5, HIGHLAND PINES SUBDIVISION, TOGETHER WITH ABUTTING RIGHT OF WAY, WHOSE POST OFFICE ADDRESS IS 1015 RIDGE AVENUE, 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 depcted 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 9, Block 5, Highland Pines Subdivision, according to the plat thereof, as recorded in Plat Book 30, Page 41, Public Records of Pinellas County, Florida, together with abutting right-of--way. (ANX 01-07-14) i 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 dais 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 Appr9ved as to for eslie K. Dougall- ide Assistant City Aftomey Brian J. Aungst Mayor-Commissioner Attest: Cynthia E. Goudeau City Clerk Ordinance No. 6850-01 ...?..?.___ .,. *.f;'i [rte :?;?'+•4.. ty! .a?j':-? ?tr.+.ti ?? .'.` .:....?.,Y.ti f-'?''??•1?• '•"1k..? r 1!.•;:?r, :L ; .y.#,?,r{ ; ,.,.j_`.;t?+ .. {°?': nr?,.• ? i ?i{'i3w i_ +4?,;? ?•i,f+: ? .: N th R o V?'f h to :o c' t^ to to e 2 •? Y'F'ri '4•it ?,, .r_.: .. ,•'1.: . ;'N.?'?'?*'"' 2'?•i'(.. 1 0 :{w?-iii::.fi?v,,t:, "t -,• ??; `JK: ,? 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'.s+f.: .. , ? s r _ ' !'?l4 .,y MJ•rr 'n.,s'r?='•i4'.,4,%•;'ti'-':i??•S2+a:1-?...,`'_;r? ?•?'?-9-'':.?s?"t' 1w=J,'y%:.:, +, ... .2. .r+L''?'c'n?^;:.` w 5 56 o n 52B h ?, 53 57 55 909 o 0 904 60 52 `55A 6 16 N t0 909 53A 57A A 54A / 58 5 a z 1 1 2 3 4 1 ry 51 52A 52c '58 59 I MI ?- 906 f 12 11 9 8 4 g 7 sos 51 A 59A C4 to CV? to ? 800 60 0 4 50 p . 60A 860 WALNUT STREET 0 901 50A 0 E--4 I ? to Q A +61 A 61 1 2 6 11 10 9 8 U 49 A 830 3 4 5 ZE 805 Q 49A 804 z 12 11 to ?10 ?9 8 7 12 13 14 15 48 ?U1 w - 62A? 62 co b to o to o r-i CIO 800 801y?. ,nom, too 800 801 48A ,?-1 Co ELMSWOODO STREET 0 47 A a 63A -94 1 I 63760 715 o n " 60 i 713 1 to 47A u ^16" 2708 PAGE: Ordinance No. 6850-01 T ORDINANCE NO. 6851-01 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 RIDGE AVENUE, APPROXIMATELY 240 FEET NORTH OF PALMET T O STREET, CONSISTING OF LOT 9, BLOCK 5, HIGHLAND PINES SUBDIVISION, TOGETHER WITH ABUTTING RIGHT OF WAY, WHOSE POST OFFICE ADDRESS IS 1015 RIDGE AVENUE, UPON ANNEXATION INTO THE CITY OF CLEARWATER., AS RESIDENTIAL URBAN; 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: Pro a Land Use Category Lot 9, Block 5, Highland Pines Subdivision, Residential Urban 1 according to the plat thereof, as recorded in Plat Book 30, Page 41, Public Records of Pinellas County, Florida, together with abutting right of way. (ANX 01-07-14) 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. 6850-01, 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 § 163.3189, Florida Statutes. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Approved as to form: Leslie K. Dougall- es Assistant City Attorney Brian J. Aungst Mayor-Commissioner Attest: Cynthia E. Goudeau City Clerk Ordinance No. 6851-01 ot SCOTT ll 4 W Z W > RL STREET R sr?Rwaoo AL RU RL W- RU STREET R --fm I STREET R STREET 1 1 1 / / I I STREET I 1 1 1 . 1 . . • I (? N T RV 1 1 1 I ' 1 / R 1 1 1 ' R . . . R W RU F W FE u u flu RL WEBB w w ? W } R W C PP6 . LiJUT°..." . STREET td lAJ z W W < 4 < IL STREET COUNTYWIDE FUTURE LAND USE PLAN MAP NAME: DOM STROM 1015 RIDGE AVENUE PLAN DESIGNATION: RESIDENTIAL URBAN ATLAS PAGE: 270B SEC. 11 TWP: 29S RGE: 15E COMMUNITY DEVELOPMENT BOARD: SEPTEMBER 18, 2001 ?.l Ordinance No. 6851-01 STREET w 8 ORDINANCE NO. 6852-01 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 RIDGE AVENUE, APPROXIMATELY 240 FEET NORTH OF PALMETTO STREET, CONSISTING OF LOT 9, BLOCK 5, HIGHLAND PINES SUBDIVISION, TOGETHER WITH ABUTTING RIGHT OF WAY, WHOSE POST OFFICE ADDRESS IS 1015 RIDGE AVENUE, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS LOW MEDIUM DENSITY RESIDENTIAL (LMDR); PROVIDING AN EFFECTIVE DATE. WHEREAS, the assignment of a zoning district classification as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's comprehensive plan; now, therefore, BE IT ORDAINED BY THE CITY 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 Lot 9, Block 5, Highland Pines Subdivision, according to the plat thereof, as recorded in Plat Book 30, Page 41, Public Records of Pinellas County, Florida, together with abutting right of way. (ANX 01-07-14) Zoning District Low Medium Density Residential (LMDR) Section 2. The Planning and Development Services Administrabr 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. 6850-01. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Approved as to form: Leslie K. Dougali-siae Assistant City Attorney Brian J. Aungst Mayor-Commissioner Attest: Cynthia E. Goudeau City Clerk Ordinance No. 6852-01 i W, Yy £ WT, D ka u*?• fib.' -r= , ?t_ « = G. ^ !? ;? 14F`:; b tc m c1 to 2 is + 1 ;p}. • Y ?t b. N = ?? y f _r••'i c , `° ± ".??,"? y . y3?`:?c ,.•?; ;?!?,'.a, ?- 'r.s:cr?= •. ......,. wS.. ? +{N'!a- ^.? .?;.. r•.... ,..•1?;a: k ??. . , 129 • "t2p5-^ 0 WEBS 18 R/W 2 ,G8 tl$t?S3arsi i 5 ?%i>•'i (:s?w> ft;Y+;;'r t1 C ;C'ary -?,1., u s +. '^ jR 1? # 'r '`?'ba':/?SE?..rr":.`•'c .r 1'?J;i't,l 1202 Z". .,{ *:J':c••-u y!a:?'_?r. a.W - .r• _e. t 1201 60 1202 1201 28 rzir,.':,? -. ?j,:.:?:>• ::, s,:y:? ??" y $:4- t'i , ;; ':.120 113 99 .4': y• b.y Y,+--,. 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Sot An 800 CO ELMWOOD? 47 STREET 0 63A Ad Q a 715 oo r n n 60 1 713 47A n ? u ^ 59 906 60 860 61 630 62 800 63 { 7'60 PROPOSED ANNEXATION AND ZONING CLASSIFICATION OWNER: Don Strom CASE: ANX 01-07-14 SITE: 1015 Ridge Avenue PROPERTY R. W. SIZE SIZE (ACRES): 0.17 (ACRES): 0,10 ZONING LAND USE PIN: 11129/15/39080/050/0900 FROM: R-3/County Residential Urban TO: LMDR Residential Urban 1 ATLAS 2708 PAGE: Ordinance No. 6852-01 V CDB Meeting Date: September 18, 2001 Case No. ANX 01-07-14 Agenda Item: D.2. CITY OF CLEARWATER PLANNING DEPARTMENT STAFF REPORT GENERAL INFORMATION OWNER: Don Strom LOCATION: 1015 Ridge Avenue, on the east side of Ridge Avenue, approximately 240 feet north of Palmetto Street. REQUEST: To annex the property into the City of Clearwater at the request of the property owner and approve the appropriate City land use plan category and zoning district. SITE INFORMATION PROPERTY SIZE: 7,516 square feet or 0.17 acres 74 feet wide by 101.57 feet deep PROPERTY USE Current Use: Existing single family dwelling Proposed Use: Existing single family dwelling PLAN CATEGORY Current County Plan Category: Residential Urban Proposed City Plan Category: Residential Urban ZONING DISTRICT Current County Zoning District: Proposed City Zoning District: ANALYSIS Residential, Single Family District (R-3) Low Medium Density Residential (LMDR) The property owner has requested this annexation in order to receive City sewer service. The City has been providing water service to this property since February 23, 1989. The City does not require an Agreement to Annex in order to provide this service. The property will have a land use plan designation of Residential Urban and it is proposed to be zoned Low Medium Density Residential (LMDR). The subject site is an existing single family residential home. The annexation of the subject property also includes the abutting right-of-way along Ridge CDB ANX 01-07-14 September 18, 2001 Page 2 Avenue. The annexation of this property will eliminate an existing enclave in the area. 1. IMPACT ON CITY SERVICES Water and Sewer: The applicant is currently receiving water from the City and will continue to do so. Sewer service will be provided by the City of Clearwater and capacity for the project is available for this utility. The closest sewer line is located at the rear easement of the subject site. The sewer impact fee of $900.00 was paid by the applicant on July 18, 2001. The applicant is aware of the additional cost to extend sewer service to the property which is estimated to be $1,000.00. The applicant will be responsible for this payment. The City will also require payment for the utility deposit for this existing home. Solid Waste: Collection of solid waste will be provided by the City of Clearwater. The City has an interlocal agreement with Pinellas County to provide for the disposal of solid waste at the County's Resource Recovery Plant and capacity is available to serve the property. Police: The property is located within the East Police District and service will be administered through the District 3 Substation located at 2851 McMullen Booth and County Road 580. There are currently 52 patrol officers and 6 patrol sergeants assigned to this district. Community policing service will be provided through the City's zone system and officers in the field. The Police Department has stated that they will be able to serve this property and the annexation will not adversely affect police service and response time. Fire and Emergency Medical Services: Fire and emergency medical services will be provided to the property by Station #48 located at 1700 North Belcher Road. The Fire Department will be able to serve this property and the annexation will not adversely affect fire and EMS service and response time. In summary, the proposed annexation will not have an adverse effect on public facilities and their level of service. CDB ANX 01-07-14 September 18, 2001 Page 3 II. CONSISTENCY WITH THE CITY'S COMPREHENSIVE PLAN The Pinellas County Comprehensive Plan and the Countywide Plan designates the site as Residential Urban. The intent of this designation is to recognize urban low density residential areas. Residential uses are the primary uses in this plan category up to a maximum density of 7.5 dwelling units per acre. Other permissible uses in the Residential Urban plan category include Public/Semi-Pubic uses, schools, ancillary non- residential and Recreation/ Open Space uses. The annexation does not propose to change the Residential Urban plan category and the proposed use is consistent with the uses and density of this plan category. Further, the annexation promotes infill development as stated in Objective 2.4 of the Clearwater Future Land Use Plan: Objective - In considering extension of service and facilities, Clearwater shall actively encourage infill development. 1 In summary, the proposed annexation is consistent with the City's Comprehensive Plan both in the Future Land Use Map and the goals and policies of the Plan. III. CONSISTENCY OF DEVELOPMENT WITH COMMUNITY DEVELOMENT CODE AND CITY REGULATIONS The appropriate zoning district under the new Community Development Code is the Low Medium Density Residential (LMDR) District whose dimensional requirements are consistent with the surrounding development on this site.. The application for annexation covers an existing detached dwelling unit. Detached dwelling units are required to have a minimum lot size of 5,000 square feet in the LMDR zoning district. The subject property has a lot size of 7,516 square feet which exceeds the minimum lot size requirement of the LMDR zoning district. In addition, a review of the dimensions of the subject property with a width of 74 feet and a depth of 101.57 feet indicates that the site meets the dimensional requirements of the LMDR district as a standard development. IV. CONSISTENCY WITH THE COUNTYWIDE PLAN There is no change requested in the Comprehensive Plan category of the site, which will remain Residential Urban with a maximum density of 7.5 units per acre. However, this annexation requires a review by the Pinellas Planning Council (PPC) and the County pursuant to the Pinellas County charter- amendment approved by referendum on CDB ANX 01-07-14 September 18, 2001 Page 4 November 7, 2000. The PPC and County staff have reviewed this annexation and have no objections. V. CONSISTENCY WITH FLORIDA. LAW Florida Statutes require that a proposed annexation be both contiguous with the existing municipal boundaries and compact in its concentration (Florida Statutes Chapter 171). This property is contiguous with the existing City boundaries to the north, south and east of the property and represents a logical extension of the existing boundaries. The compactness standard of Florida law requires that the annexation does not create an enclave or a serpentine pattern of municipal boundaries. The annexation of this property is consistent with this standard and no new enclave will be created by annexation of this property. In summary, the annexation of this property is consistent with Florida law. VI. CODE ENFORCEMENT ANALYSIS There are no current code enforcement violations or any code enforcement history on this site. VII. COMPARISON OF COSTS RELATED TO JURISDICTION The total annual cost of ad valorem, utility, water and sewer, and sanitation fees is estimated to increase by $ 200 after this annexation. SUMMARY AND RECOMMENDATIONS The proposed annexation can be served by all City of Clearwater services, including utilities, police, fire and emergency medical services without any adverse effect on the service level. The applicant has paid the applicable sewer impact fee of $900.00 and is also aware of the additional cost to connect the property to the City sewer system. The proposed annexation and existing use is 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 property can meet the dimensional requirements of the LMDR district of the Community Development Code. Finally, the proposed annexation is consistent with Florida law regarding municipal annexation through its adjacency with existing City boundaries and is compact in concentration. Based on the above analysis, the Planning Department recommends the following actions on the request: Recommend APPROVAL of the annexation of the property located at 1015 Ridge Er` ,Avenue. t t*_ CDB ANX 01-07-14 September 18, 2001 Page 5 Recommend APPROVAL of the Residential Urban plan category pursuant to the City's Comprehensive Plan. Recommend APPROVAL of the Low Medium Density Residential (LMDR) zoning district pursuant to the City's Community Development Code. Prepared by: tim i-.1fdroh Senior Planner Attachments t Application Aerial Photograph of Site and Vicinity Location Map Land Use Map Surrounding Uses Map Zoning Atlas Clearwater City. Commission Agenda Cover Memorandum Work session Item #: Final Agenda Item Meeting Date: PLD October 18, 2001 SUBJECT/RECOMMENDATION: • Petition for Annexation, Land Use Plan and Zoning Atlas Amendments for 2666 North Terrace Drive (Lot 4, Pinellas Terrace in Section 05, Township 29 South, Range 16 East); Owner: Donna J. Wellman. MOTION: APPROVE the Petition for Annexation, Land Use Plan Amendment from County Residential Low to City Residential Low and Zoning Atlas Amendment from County Zoning Residential, Single Family District (R-3) to City Low Medium Density Residential (LMDR) Zoning District for 2666 North Terrace Drive (Lot 4, Pinellas Terrace in Section 05, Township 29 South, Range 16 East) and PASS Ordinances No. 6860-01, 6861-01 & 6862-01 on first reading. (ATA ANX 01-07-15) ?x and that the appropriate officials be authorized to execute some. SUMMARY: On May 9, 1991 Ms. Donna J. Wellman, the owner of this property, entered into an agreement with the City of Clearwater to annex this property in order to receive City sewer service. The terms and provisions of that agreement are binding upon the current owner(s), their, successors, assigns, or any subsequent owner(s) of this pr!-,* -,rty. At that time, this property was located outside the municipal boundaries of the City of Clearwater and did n, het the adjacency requirements for voluntary annexations. This property will now be contiguous to the existing City's boundaries to the south following the annexation of the abutting right-of-way from Cardinal Drive to the subject property. The Agreement to Annex (ATA) required the City to provide 60 days written notice of its intent to annex this property. This notice was mailed to the property owner on July 5, 2001 and the notice expired on September 4, 2001. The subject property is an existing single family dwelling and the site is approximately 0.21 acres in size. Since the execution of this agreement in 1991, the ownership of this property has not changed. The City of Clearwater is now initiating this annexation request in order to bring this property into its jurisdiction in compliance with the terms and conditions established in the ATA agreement of May 9, 1991. This annexation includes the abutting right-of-way from Lots 1 through 4 of North Terrace Drive. Effective with the annexation, the City will collect the $200.00 open space fee from the property owner. The fee is the property's fair share of its impact on open space and the. fund is earmarked for the maintenance of an Reviewed by: Originating Dept: Costs Info Srvc N/A Legal PLANNING DEPARTMENT Total aj ? ETIM S. U z Budget N/A Public N/A User Dept. Funding Source: Works ,. Purchasin N/A DCM/ACM Current Cl 9 FY Risk Mgmt N/A Other Attachments OP ORDINANCES NO. 6860-01, Other 6861-01 & 6862-01 STAFF REPORT Su-6mitted by: City Manager ? None Appropriation Code: Printed on recycled paper Rev. 2/98 CC ATA ANX 01-07-15 Donna J. Wellman October 18, 200' Pag, acceptable level of open space required to promote the health, safety and welfare of the citizens of Clearwater. The property owner has been informed of the required fee, which is based on the City's Recreation and Open Space impact fee ordinance originally adopted on July 7, 1983. The City has been providing sewer service to this property pursuant to the Agreement to Annex and adequate capacity exists to serve the proposed annexation. The Planning Department has determined that the proposed annexation is consistent with the following standards specified in the Community Development Code: • The proposed annexation will not have an adverse impact on public facilities and their level of service. • The proposed annexation is consistent with the City's Comprehensive Plan, the Countywide Plan and the Community Development Code. • The proposed annexation is contiguous to existing municipal boundaries; represents a logical extension of the boundaries and does not create an enclave. This annexation has been reviewed by the Pinellas Planning Council (PPC) and Pinellas County staff according to the provisions of the County Ordinance No. 00-63, Section 7(1-3), and no objections have been received from these offices. 1 i The Planning Department determined that the proposed land use plan amendment and rezoning applications are consistent with the following standards specified in the Community Development Code: • The proposed land use plan amendment and rezoning application are consistent with the Comprehensive Plan. • The potential range of uses and the specific proposed use are compatible with the surrounding area. • Sufficient public facilities are available to serve the property. The applications will not have an adverse impact on the natural environment. Pursuant to the Interlocal Agreement with Pinellas County, review by the Pinellas Planning Council will not be required for the plan amendment. The Community Development Board is scheduled to review these applications at their public hearing meeting of October 16, 2001. The Planning Department will report the results of the Board's hearing at the Commission meeting. 2 r ORDINANCE NO. 6860-01 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTY LOCATED ON THE NORTH SIDE OF NORTH TERRACE DRIVE, APPROXIMATELY 240 FEET SOUTH OF MORNINGSIDE DRIVE, CONSISTING OF LOT 4, PINELLAS TERRACE SUBDIVISION, TOGETHER WITH THE RIGHT-OF-WAY OF NORTH TERRACE DRIVE ABUTTING LOTS 1-4 OF SAID PINELLAS TERRACE, WHOSE POST OFFICE ADDRESS IS 2666 NORTH TERRACE 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: Lot 4, Pinellas Terrace, according to the map or plat thereof, as recorded in Plat Book 49, Page 52, Public Records of Pinellas County, Florida, together with the right-of-way of North Terrace Drive abutting Lots 1-4 of said Pinellas Terrace. (ATA ANX 01-07-15) 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 Cierkof 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 Approved as to form: Leslie K. Dougall-Sides Assistant City Attorney Brian J. Aungst Mayor-Commissioner Attest: Cynthia E. Goudeau City Clerk Ordinance No. 6860-01 10 ' I ?1 111 f ? i --t ?? 9c'3c-'327 I ? Q I ? ili 1 1 .? ? j ? !(! l i I-} I o III 1' ° rNA11 w t , ¢ ! - II (C If f ?t,3-? v I ?1 I° III C; I ?Il A. 10 I, I ? n `? I } _ jl • I I • Q ! ! ,il I i ;?i I I ? III r-- -' MCRNINCSIDE npt\? .TERRACE:.:: '7DRlVl I I , tt^ 1 t 't t ?- PROPOSED ANNEXATION AND ZONING CLASSIFICATION OWNER: Donna J. Wellman CASE: ATA AtVX 01-071-15 SITE: 2666 N. Terrace Drive PROPERTY SIZE (ACRES): 0.21 R.O, N. SIZE (ACRES): 0.35 ZONING LAND USE ?IN: 05i29/18/71424l000/0040 FROM: R-3 ; County Rosidontlal Low TO: L.M0R Residential Low A-LAS 2134,1 ) PAGE: Exhibit A Ordinance No. 6860-01 ORDINANCE NO. 6861-01 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE FUTURE LAND USE PLAN ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY, TO DESIGNATE THE LAND USE FOR CERTAIN REAL PROPERTY LOCATED ON THE NORTH SIDE OF NORTH TERRACE DRIVE, APPROXIMATELY 240 FEET SOUTH OF MORNINGSIDE DRIVE, CONSISTING OF LOT 4, PINELLAS TERRACE SUBDIVISION, TOGETHER WITH THE RIGHT-OF-WAY OF NORTH TERRACE DRIVE ABUTTING LOTS 1-4 OF SAID PINELLAS TERRACE, WHOSE POST OFFICE ADDRESS IS 2666 NORTH TERRACE 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: Pro pert Land Use Category Lot 4, Pinellas Terrace, according to the map or plat Residential Low ' thereof, as recorded in Plat Book 49, Page 52, Public Records of Pinellas County, Florida, together with the right-of-way of North Terrace Drive abutting Lots 1-4 of said Pinellas Terrace (ATA ANX 01-07-15) 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. 6860.01, 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 § 163.3189, Florida Statutes. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED V p ved as to r S Les ie K. Douga?ll-?bide?j Assistant City Attorney Brian J. Aungst Mayor-Commissioner Attest: Cynthia E. Goudeau City Clerk Ordinance No. 6861-01 au ouu In UKIVt - i' CL w R C) L WOODRING a1VE E-w 0 > > w 0 0 0 O 0 QlAA L L v a a U u Z d { _- O ?-H U-j Ll R?O??R MORNINGSIDE L Je L ' N T'ERRACE' DRIVE TERRACE _ > >_ > >_ > _> RU 0 0 0 °s 0 is , Vol R L - CL`, C ; RU J - - z --- ---- rn o w wwZ It) - a LUJ O W J H /o/R CG (s so ?- COUNTYWIDE FUTURE LAND USE PLAN MAP NAME: DONNA J. WELLMAN 2666 NORTH TERRACE DRIVE PLAN DESIGNATION: RESIDENTIAL LOW A'T'LAS PAGE: 264A SEC. 05 TWP: 29S RGE: 16E COMMUNITY DEVELOPMENT BOARD: October 16, 2001 Ordinance No. 6861-01 ORDINANCE NO. 6862-01 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY ZONING CERTAIN REAL PROPERTY LOCATED ON THE NORTH SIDE OF NORTH TERRACE DRIVE, APPROXIMATELY 240 FEET SOUTH OF MORNINGSIDE DRIVE, CONSISTING OF LOT 4, PINELLAS TERRACE SUBDIVISION, TOGETHER WITH THE RIGHT-OF-WAY OF NORTH TERRACE DRIVE ABUTTING LOTS 1-4 OF SAID PINELLAS TERRACE, WHOSE POST OFFICE ADDRESS IS 2666 NORTH TERRACE 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 Pinellas County, Florida, is hereby zoned as indicated upon annexation into the City of Clearwater, and the zoning atlas of the City is amended, as follows: Property Lot 4, Pinellas Terrace, according to the map Or plat thereof, as recorded in Plat Book 49, Page.52, Public Records of Pinellas County, Florida, together with the right-of--way of North Terrace Drive abutting Lots 1-4 of said Pinellas Terrace (ATA ANX 01-07-15) Zoning 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. 6860-01. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Brian J. Aungst Mayor-Commissioner Approved as to form: Attest: Leslie K. Dougal -Si s Cynthia E. Goudeau Assistant City Attorney City Clerk Ordinance No. 6862-01 111 VIII II ?`' ' • L II '15.: 1 :o/-t 4 - I 6763-19 • - II i ? 3 I1I1 I t; - ?3 '7 ?' II 1, I i I I I w(1 ??, II iI 1`11 ?4. 479-2375 ? J E 1si 5827=158 1 I Iw l "r [? 1 C-rII 13 19 II r? 4 bat .8 3 13 5 1 ?' . I 1 5. ' co 1 9 Z 12' ( l 5 l i 12 i N., 5162 j 5822-1594 (• r.. }0 I I "?', " a 19696-1327 ) f c? 1 "V7. J .. Q _ ....5. ` ' . U I 1 } } .3 6 (. ?? i • `•. n±iS 13 NOT Ate. I V d ?? O 57 suavt:v - 11 a j ( Ld 1 1 61112-481 c.: 10 7 7 1,, A, I I 10 f Q. 7 I 1 10 1 :1.0:' •. 7. ? -. < - ? ; ,5622-23• I {Y-+?; OJ • f'w i i ¢ I I 5668-391 5685-597• :r .6037=-171-81 3621- 713 8 g i3 y 8 -. 9 11: 13621 I r I •'? tt4-6 }- 3 MORNINGSIDE- DRIVE, I -i 13' U a. Easc. " ? M`. . I ' at-ti6? t: .14 a' 1.5i 6 I 1 _ `? cr. 2 Y• ?, ,. 17 18 g '2 0 21 .- 24 2`J 26 7t06_2369 - 1 ' -20 )f I Ct5' S :Ea.ZSR 596..ra? T. v - Ii-5656-,394 t' I 1" '?.ts`CMDR?r : J ?, '7 E l 18 ,;, . __ . ?? • moo.-? _ ;? ,? '?t = -? "'?'?, (• ? I _ I _ •,;? ,,.2666 ?• _ • i;•,, ?' _ ..;33%01 - { ? %;? ` <??':: _ ... ,. •°., :.:;:: ? ? ? + tw , ra r ... :I i?: w ? N g l' {,? ?, r PACE t"• - I ` ; 'Qj ` I' f A 6375; 7T. FRfZdCE.`" `. _ I DR! ` 66 6-? ?`' `3r7•r f .36~ 9813 489 f c L t `' ` 1- .t Q '? v9:c ?7/-,...• -tea' ••?" C:? ??Fa ?a' ui lr" I i i ; :. f f f <=tia .; _ I , ui_ ,. ,-J :*,?, _ _ j ?- 't , x`15:;;%':' ? i; ?r=,? ' :?) E•`•" `t5'; T 1114:1 I' 14 I { ? i;1GE E. _ 4535-138 E:?F 193-156' L _ µ''. .989 4` l is :,..- ?M '? - _ :33'.I w5?2$-1tg3.:_?;" :?,,; ? ,•: _-t •67 'I 1 "62` '. J? 33 /03 ' ¢ !y U) , / Q Z _ - I?'.'i'• _ ,,.•:--.+ SS ti?•'' •t }tIi! ,t 4 \ ,/ I c8 I I. ? W: tl`al.; q5 =t f` F'46958- 114 ?` 4717:%4ft33 ?:+t - t Q ' 1 6+i F- - - - I U I1 I ;t L:1: k' E}'=:1'11 ?•? ?3jC?% I ..-t 69L b% 74 4 4?': 21 iz 10, 1' I I a "'? _ =: - 'Zf a.62195Q8 ?:;,_. 9087_-778;w11i'&197.-767.' ` 141 "'''^ I 1 ( 8 I - ts' , 5693-753 W o'?p, , ' 11 4 ,1.8377-334 ?; 1 5,?G6t i.1 { { 58 1f .30. 1.5'E i g'. 7 I. 9 i?N I 7 C I' .$ s6as-slis A I I: 3-1552 I I W I I'". '44.; 11 M' t 23 O 8 1, 72 i I ST 11..;•29. ' 7. M_ isa_ X11 ({.? .,. 1'::¢Y.II 10114-54i l .F Es?11s 24•v 11.5705-292 j G 5 5 73--1 ...iB 17: j _ L 1 lUtit' Eose_ '... I I 8377- 341 PROPOSED ANNEXATION AND ZONING CLASSIFICATION OWNER: Donna J. Wellman CASE: ATA ANX 01-07-15 SITE: 2666 N. Terrace Drive ( PROPERTY SIZE (ACRES): 0.21 R.O.W. SIZE (ACRES): 0,35 ZONING LAND USE PIN: 05/29/18/71424/000/0040 - FROM: R-3 / County Rosidonllal Low I TO: LMDR Residential Low ( ATLAS 264A PAGE: Ordinance NO. 6862-01 CDB Meeting Date October 16, 2001 Case No.. ATA ANX 01-07-15 Agenda Item: D. 3. CITY OF CLEARWATER PLANNING DEPARTMENT STAFF REPORT GENERAL INFORMATION OWNER(S): Donna J. Wellman APPLICANT: City of Clearwater (Pursuant to Agreement to Annex dated May 9, 1991) LOCATION: 2666 North Terrace Drive, on the north side of North Terrace Drive, approximately 240 feet south of Morningside Drive. REQUEST: To annex the property into the City of Clearwater in accordance with the provisions of an approved Agreement to Annex and approve the appropriate City land use plan category and zoning district. SITE INFORMATION PROPERTY SIZE: Dimensions of property: PROPERTY USE Current Use: Proposed Use: PLAN CA'T'EGORY Current County Plan Category: Proposed City Plan Category: ZONING DISTRICT Current County Zoning District: Proposed City Zoning District: 9,130 square feet or 0.21 acres Lot width of 83 feet by 110 feet deep Existing single family dwelling Existing single family dwelling Residential Low Residential Low Residential, Single Family District (R-3)/County Low Medium Density Residential (LMDR) 4g j?'VY u^ 4ia. CDB ATA ANX 01-07-15 October 16, 2001 Page 2 BACKGROUND INFORMATION : On May 9, 1991, Ms. Donna J. Wellman entered into an Agreement to Annex (ATA) with the City of Clearwater in order to receive City sewer service. At that time, the subject property was located outside the municipal boundaries of the City of Clearwater and did not meet the adjacency requirements for a voluntary annexation. The terms and provisions of that agreement are binding upon the current owner(s), their successors, assigns, or any subsequent owner(s) of this property. It was agreed that at such time as it would become possible for the City to annex the property, that the ATA would constitute an application to annex at that time. The subject property will now be contiguous to the existing city boundaries to the south following the annexation of the abutting right-of-way from Cardinal Drive to the subject property. The City was also required to give the property owner 60 days written notice of its intent to annex this property. This requirement has been met and a notice letter was sent to the current property owner on July 5, 2001. The notice expired on September 4, 2001. Moreover, the agreement provided that the owner of the property at the time it was to be + officially'annexed, will pay the City of Clearwater a one time payment of two hundred dollars ($200.00), which is the property's fair share of its impact on open space. The funds are earmarked for the maintenance of an acceptable level of open space required to promote the health, safety and welfare of the citizens of Clearwater. The open space fee is based on the City's Recreation and Open Space impact fee ordinance originally adopted on July 7, 1983. The ownership has not changed since the execution of this agreement on May 9, 1991 and Ms. Donna J. Wellman is still the owner of this property. ANALYSIS The City of Clearwater is initiating this annexation request in order to bring this property into its jurisdiction in compliance with the terms and conditions established in the ATA agreement of May 9, 1991. The subject property will now be contiguous with the existing City boundaries following the annexation of the abutting right-of-way from Cardinal Drive to the subject property. The annexation is consistent with the Florida Statutes with regard to the requirements for voluntary annexation. The property will have a land use plan designation of Residential Low and it is proposed to be zoned Low Medium Density Residential (LMDR). The subject property has an existing single family residential home. a? ? CDB ATA ANX 01-07-15 October 16, 2001 Page 3 I. IMPACT ON CITY SERVICES Water and Sewer The City of Clearwater has been providing sewer service to the subject property since May 19, 1991, and capacity for the project continues to be available for this utility. Water service is provided by Pinellas County and will continue to be provided by the County. Therefore, this annexation will not have any effect on public facilities. In addition, the City's ability to serve the site had previously been documented in the Agreement to Annex. Moreover, the owner had paid the required sanitary sewer impact and assessment fees applicable at that time. Solid Waste Collection of solid waste will be provided by the City of Clearwater. The City has an interlocal agreement with Pinellas County to provide for the disposal of solid waste at the County's Resource Recovery Plant and capacity is available to serve the property. Police: The property is located within the East Police District and service will be administered through the District 3 Station located at 2851 McMullen Booth Road. There are currently 52 patrol officers and 6 patrol sergeants assigned to this district. Community policing service will be provided through the City's zone system and officers in the field. The Police Department has stated that they will be able to serve this property and the. annexation will not adversely affect police service and response time. Fire and Emergency Medical Services Fire and emergency medical services will be provided to the property by Station #49 located at 520 Sky Harbor Drive south of. Clearwater Mall. The Fire Department has stated that they will be able to serve this property and the annexation will not adversely affect fire and EMS service and response time. In summary, the proposed annexation will not have an ,adverse effect on public facilities and their level of service. II. CONSISTENCY WITH THE CITY'S COMPREHENSIVE PLAN The Pinellas County Comprehensive Plan and the Countywide Plan designates the site as Residential Low. The intent of this designation is to recognize areas where use and development characteristics are low density residential in nature. Residential uses are the CDB ATA ANX 01-07-15 October 16, 2001 Page 4 primary uses in this plan category up to a maximum density of 5 dwelling units per acre. Other permissible uses in the Residential Low plan category include Public/Semi-Pubic uses, schools, ancillary non-residential and Recreation/Open Space uses. The annexation does not propose to change the Residential Low plan category and the proposed use is consistent with the uses and density of this plan category. Moreover, the annexation promotes infill development as stated in Objective 2.4 of the Clearwater Future Land Use Plan: 2.4 Objective - In considering extension of service and facilities, Clearwater shall actively encourage infill development. In summary, the proposed annexation is consistent with the City's Comprehensive Plan both in the Future Land Use Map and the goals and policies of the Plan. III. CONSISTENCY OF DEVELOPMENT WITH COMMUNITY DEVELOMENT CODE AND CITY REGULATIONS The zoning district appropriate for this site under the Community Development Code is the Low Medium Density Residential (LMDR) District. The dimensional requirements of the LMI?R district are consistent with the development on this site. The application for annexation involves an existing residential detached home. Under the current LMDR zoning district requirements, a minimum lot width of 50 feet and 5,000 square feet of lot area are required. The lot width for the subject property is 83 feet and the lot size is 9,130 square feet which exceeds the minimum lot size and lot width required for the Low Medium Density Residential zoning district. Therefore, the site meets the dimensional requirements of the L 4DR district as a standard development. IV. CONSISTENCY WITH THE COUNTYWIDE PLAN There is no change requested in the Comprehensive Plan category of the site, which will remain Residential Low with a maximum density of 5 units per acre. However, this annexation requires a review by the Pinellas Planning Council (PPC) and the Pinellas County pursuant to the Pinellas County charter amendment approved by referendum on November 7, 2000. The PPC and County staff have reviewed this annexation and have no objections. CDB ATA ANX 01-07-15 October 16, 2001 Page 5 V. CONSISTENCY WITH FLORIDA LAW Florida Statutes require that a proposed annexation be both contiguous with the existing municipal boundaries and compact in its concentration (Florida Statutes Chapter 171). This property is contiguous with the existing City boundaries to the south of the property and represents a logical extension of the existing boundaries. The compactness standard of Florida law requires that the annexation does not create an enclave or a serpentine pattern of municipal boundaries. The annexation of this property is consistent with this standard and no new enclave will be created by annexation of this property. In summary, the annexation of this property is consistent with Florida law. VI. CODE ENFORCEMENT ANALYSIS There is no adverse comment from the Community Response Team (CRT) concerning this property. V1I. COMPARISON OF COSTS RELATED TO JURISDICTION The total annual cost of ad valorem, utility, water and sewer, and sanitation fees is estimated.to increase by $199.00 after this annexation. SUMMARY AND RECOMMENDATIONS The City of Clearwater is initiating this annexation request in order to bring this property into its jurisdiction in compliance with the terms and conditions established in the ATA agreement of May 19, 1991. The City has been providing sewer service to the subject property since May 19, 1991, and capacity continues to be available for this utility. Therefore, the proposed annexation of this property will not affect the provision of public facilities. The proposed annexation and the existing 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 existing and future use of this site as a single family home is consistent with the LMDR zoning district. Finally, the proposed annexation is consistent with Florida law regarding municipal annexation through its adjacency with existing City boundaries and is compact in concentration. The payment of $200.00 is due to the City prior to the adoption of the associated ordinances on December 13, 2001 by the City Commission. CDB ATA ANX 01-07-15 October 16, 2001 Page 6 Based on the above analysis, the Planning Department recommends the following actions on the request: 1. Recommend APPROVAL, of the annexation of the property located at 2666 North Terrace Drive. 2. Recommend APPROVAL of the Residential Low plan category pursuant to the City's Comprehensive Plan. 3. Recommend APPROVAL of the Low Medium Density Residential (L 4DR) zoning district pursuant to the City's Community Development Code. Prepared by tim doh Senior Planner Attachments Application Aerial Photograph of Site and Vicinity Location Map Land Use Map Surrounding Uses Map Zoning Atlas Clearwater City Commission Agenda Cover Memorandum SUBJECT/RECOMMENDATION: October 18, 2001 • Petition for Annexation, Land Use Plan and Zoning Atlas Amendments for 2672 North Terrace Drive (Lot 5, Pinellas Terrace in Section 05, Township 29 South, Range 16 East); Owner: Elizabeth Glisson. MOTION: APPROVE the Petition for Annexation, Land Use Plan Amendment from County Residential Low to City Residential Low and Zoning Atlas Amendment from County Zoning Residential, Single Family District (R-3) to City Low Medium Density Residential (LMDR) Zoning District for 2672 North Terrace Drive (Lot 5, Pinellas Terrace in Section 05, Township 29 South, Range 16 East) and PASS Ordinances No. 6863-01, 6864-01 & 6865-01 on first reading. (ATA ANX 01-07-16) Work session Item #: Final Agenda Item Meeting Date: ® and that the appropriate officials be authorized to execute same. SUMMARY: On January 18, 1979 the previous owners of this property entered into an agreement with the City of Clearwater to annex this property in order to receive City sewer service. The terms and provisions of that Agreement to Annex (ATA) are binding upon the current owner(s), their successors, assigns, or any subsequent owner(s) of this property. A*- it time, this property was located outside the municipal boundaries of the City of Clearwater and did not meet th ljacency requirements for voluntary annexations. This property will now be contiguous to the existing City's boundaries to the west following the annexation of the property at 2666 North Terrace Drive. The ATA required the City to provide 60 days written notice of its intent to annex this property. This notice was mailed to the current property owner on July 5, 2001 and the notice expired on September 4, 2001. The subject property is an existing single family dwelling and the site is approximately 0.21 acres in size. Since the execution of this agreement in 1979, the ownership of this property has changed and the current owner has been informed of this annexation. The City of Clearwater is now initiating this annexation request in order to bring this property into its jurisdiction in compliance with the terms and conditions established in the ATA agreement of January 18, 1979. This annexation includes the abutting right-of-way of North Terrace Drive. The City has been providing sewer service to this property pursuant to the Agreement to Annex and adequate capacity exists to serve the proposed annexation. Reviewed by: Originating Dept: Costs Legal Info Srvc N/A PLANNING DEPARTMENT Total $ ETI( M S. UD Ry' Budget N/A Public N/A User Dept. Funding Source: Works Purchasin N/A DCM/ACM _ Current CI (!? g FY _ Risk Mgmt N/A Other Attachments OP ORDINANCES NO. 6863-01, Other 6864-01 & 6865-01 STAFF REPORT Submitted by: A4 a None City Manager t-.? ------- -Appropriation Code: PrinfAd on racvclad DaDer Rev. 2/98 CC ATA ANX 01-07 Elizabeth Glisson October 18, 2001 Page 2 The Planning Department determined that the proposed annexation is consistent with the following standards specified in the Community Development Code: The proposed annexation will not have an adverse impact on public facilities and their level of service. • The proposed annexation is consistent with the City's Comprehensive Plan, the Countywide Plan and the Community Development Code. • The proposed annexation is contiguous to existing municipal boundaries, represents a logical extension of the boundaries and does not create an enclave. This annexation has been reviewed by the Pinellas Planning Council (PPC) and Pinellas County staff according to the provisions of the County Ordinance No. 00-63, Section 7(1-3), and no objections have been received from these offices. The Planning Department determined that the proposed land use plan amendment and rezoning applications are consistent with the following standards specified in the Community Development Code: • The proposed land use plan amendment and rezoning application are consistent with the Comprehensive Plan. • The potential range of uses and the specific proposed use are compatible with the surrounding area. • Sufficient public facilities are available to serve the property. • The applications will not have an adverse impact on the natural environment. Pursuant to the interlocal Agreement with Pinellas County, review by the Pinellas Planning Council will not be required for the plan amendment. The Community Development Board is scheduled to review these applications at their public hearing meeting of October 16, 2001. The Planning Department will report the results of the Board's hearing at the Commission meeting. z ORDINANCE NO. 6863-01 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTY LOCATED ON THE NORTH SIDE OF NORTH TERRACE DRIVE, APPROXIMATELY 320 FEET SOUTH OF MORNINGSIDE DRIVE, CONSISTING OF LOT 5, PINELLAS TERRACE SUBDIVISION TOGETHER WITH THE ABUTTING RIGHT-OF-WAY OF NORTH TERRACE DRIVE, WHOSE POST OFFICE ADDRESS IS 2672 NORTH TERRACE DRIVE, INTO THE CORPORATE LIMITS OF THE CITY, AND REDEFINING THE BOUNDARY LINES OF THE CITY TO INCLUDE SAID ADDITION, PROVIDING AN EFFECTIVE DOTE. 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 5, Pinellas Terrace, according to the plat thereof as recorded in Plat Book 49, Page 52, of the Public Records of Pinellas County, Florida, together with the abutting right-of-way of North Terrace Drive. (ATA ANX 01-07-16) 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 Appr ved as to fo Attest: Leslie K. Dougall- de Cynthia E. Goudeau Assistant City Attorney City Clerk Ordinance No. 6863-01 -- ---p L--. 1 ?' i J _ _ll ilk ' I ° (r? i 7 6765-136AI__- LLJ I LLJ 14 1479-2375 587-1580 4 It p ?+ ?} +IT i > p 1 l?f p S . • 6332- 76 1 ' - - I -- 13 9 5 i 1 Z •ff 2 I? 5 12 5 A11. f 00 5252-1691 _ ?yJ?-??l g? ; ( ?`{+i 5822-1594 Q 10 -? 111~0.J 1;1Hs= i i'i z I ?f x I • 6 1 , = 11 ? b I 11 6 ?JFSH"_ Ub57272-904 { ei?4 r J F;, I+ w 'J 2-481 } ) i` {. 11 10 U ? I' 10 ?o r tj'l 10 7 f • 0 • 019 (I r.t 1 a; 5622-23 1 m r ?a 3-3911,8,_ d .6037-1706 • • •?`:• '' ??? II ff 1 13521-7,3 8 `t`t 9 8 f?J 9 S f J 9 9 { {n 9 - Ii ?- ? ( ? 1C114-661 13 r"- _ - MORNINGSID DRIVE I I ' n M - -- 15 U I- Eose. 1 1 } 4 j Z a1-662 (?,o6?z3 _t5 16 ; 17. 18 19 - 20 21 - 24 25 26 27 1 °.2 oA ?.3. ul? 4 l l 5 T 7 Zan- - D71 T ^- 17 - Ct X0.2550 {95 ?? • tt?• : ' d . .tom ¦ A 5656 3i4 7 1 ( 18 = 01 • • A r t = --, ' ?.a MDftIN •0 1 1 1 m 15• x.14 13Ti t 1: 7 ! l 71 ^ i 1 I l 1 !.. 8 to.. . t ? 16 +3 TERRACE r DRIVE I , ft# 1 1 A 6376-77t RACE DRIVE ! 5 E v I 1 ° ± ! 37. ?. 36 3-4g? 481 :(= e ?? w > I I ! g:. l l? f.5 . 15 , z r l W w r : 14 I I D I R I ? ? I! ' a 4535-,?88 I 183-156! 79; . _ l i 06 r t.63 a c .3? 38'If •I t 10 JIM Al :% 71 1 + 53 /03 t I? J 6 z I I ! I t 0. 1 13 ? :. ' 1 I 08 f J ' 61 4r 40 :1 C '33 4535,-1400} . I-•695t?4t' G72?^?183 ? .. j V1 584 ?-_ 11E- ¢ l ? I o 2 {.:{ 12. ' 3.:/052 l :-+ 10 ;;yy 69 l• 6 . i 1 t I : _... 9305-20021. ?_ . ' 9087-77 8 4 8 97 767 ? a - 621n-508 a .J ' I A 1 , 70 I I" '?? 'C7113' ;2Z 10 . ( 8 '? ' ` 5693=753A W ' I I f J 71 58 I! 43 .. 30 15 t 15 ?j ' 9 22 " +?-8377-334. - 3/ G. 51 I t t I I 11 • ! { 1 . ?-: g l ! 11 + 1.4 I {9365-1998 ': 1 1 5E85-601 I. Z3 , 1{ A E853-t552 O a 710t r 7.7 57 v c 11 t 1__ _ _ ' = J c S Cr, ^ 1 1 -+ ?y 7 t i \? - ?? i I l 7 1 10114- 54, 45 r 1 n Esau. 1 7 24 2- l i !? 5705-29Z /C5 I I 5 i _, 1 . t' f t Utif Ease. 1 1.8377-141 25 PROPOSED ANNEXATION AND ZONING CLASSIFICATION OWNER: Elizabeth Glisson i CASE: ATA ANX 01-07-16 SITE: 2672 N. Terrace Drive I PROPERTY SIZE (ACRES): 0.21 R.O.W. SIZE (ACRES): 0,10 ZONING LAND USE ! PIN: 05129118!714241000/0050 FROM: R-3 / County Resrdentlal Low TO: LMDR Residential Low ATLAS 254A PAGE: Exh4-bit A Ordinance No. 6863-01 ORDINANCE NO. 6864-01 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE FUTURE LAND USE PLAN ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY, TO DESIGNATE THE LAND USE FOR CERTAIN REAL PROPERTY LOCATED ON THE NORTH SIDE OF NORTH TERRACE DRIVE, APPROXIMATELY 320 FEET SOUTH OF MORNINGSIDE DRIVE, CONSISTING OF LOT 5, PINELLAS TERRACE SUBDIVISION, TOGETHER WITH THE ABUTTING RIGHT-OF-WAY OF NORTH TERRACE DRIVE, WHOSE POST OFFICE ADDRESS IS 2672 NORTH TERRACE 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: Propertv Land Use Category Lot 5, Pinellas Terrace, according to the plat thereof Residential Low as recorded in Plat Book 49, Page 52, of the Public Records of Pinellas County, Florida, together with the abutting right-of-way of North Terrace Drive. (ATA ANX 01-07-16) 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. 6863-01, 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 § 163.3189, Florida Statutes. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Ap roved as to form: y Leslie K. Dougall- ide Assistant City Attorney Brian J. Aungst Mayor-Commissioner Attest: Cynthia E. Goudeau City Clerk Ordinance No. 6864-01 COUNTYWIDE FUTURE LAND USE PLAN MAP NAME: ELIZABETH GLISSON 2672 NORTH TERRACE DRIVE PLAN DESIGNATION: RESIDENTIAL LOW ATLAS PAGE: 264A SEC. OS TWP: 29S RGE: 16E COMMUNITY DEVELOPMENT BOARD: October 16, 2001 Ordinance No. 6864-01 ORDINANCE NO. 6865-01 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY ZONING CERTAIN REAL PROPERTY LOCATED ON THE NORTH SIDE OF NORTH TERRACE DRIVE, APPROXIMATELY 320 FEET SOUTH OF MORNINGSIDE DRIVE, CONSISTING OF LOT 5, PINELLAS TERRACE SUBDIVISION, TOGETHER WITH THE ABUTTING RIGHT-OF-WAY OF NORTH TERRACE DRIVE, WHOSE POST OFFICE ADDRESS IS 2672 NORTH TERRACE 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 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 y Lot 5, Pinellas Terrace, according to the plat ? thereof as recorded in Plat Book 49, Page 52, of the Public Records of Pinellas County, Florida together with the abutting right-of-way of North Terrace Drive. (ATA ANX 01-07-16) Zoning District Low Medium Density Residential (LMDR) Section 2. The Planning and Development Services Administrabr 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. 6863-01. PASSED ON FIRST. READING PASSED ON SECOND AND FINAL READING AND ADOPTED Brian J. Aungst Mayor-Commissioner Approved as to form: Attest: t.F,) Leslie K. Dougall-Sid s Cynthia E. Goudeau Assistant City Attorney City Clerk Ordinance No. 6865-01 6763-191371 f 1 -All > ;;a 7.-' '5' I '' 5827-158GI Q_ 6332- 16' 'I A, 13 \Zl/ 47 " i2 5 5 Ai m Q " r, 1 i If f. O 5:52-r591 :{• _ _-- ' III ?1 Z t- ryil .: 5822-1544, f II C J till 1?J?y= '?; - II V "r I Y I t, ; z , Ji 6 . III 11 ( II 11 6 `I 5722-904 ?_IS is NOT SURVEY 1 1 _ G I u I Ali 10 I o t?l 10 i 1 2 1 J 7. v 1 01 7 ?' 1 1 I I II I I° tl? I f . I ?: 5622- Fn I i :It 1¢ - ?` ? ° d-.3911 5085-- Q...6057-{706' ? . A, A 11;521-713 3 9 r!! I 8. g I f? ?J. 8!' If Ira-661 ?I ,3 MORNINGSID O DRIVE t ?' _- i I - 1 j I m n f S. Uh. 14 I sZ-65? tO.: t : .: ;f I (_7tC6_23E 15 17_ ` .18 19 ( 2C 21 24 25 . 20 Z,_ I o° .2., a I I S I I 1 '0'Dr 4 tEo9e Ct9' S Eo.ESDt 59o r A' `-- -- -- - 101 rJ3 _d7 l 18 ?ca m l h. I 17-1t`5 4 tsh:4iD)?2? ;o ! ! 1 w:1S. 14. i3?llr 1: CL- 03 t t TERRACE DRIVE Ir- #tlt 1; f 6376-771 RACE "DRIVE E 37: =! !'" aet3-_489 !'d I t` W . [7 II. f (. 4535^ 1388 I'a i83 -tSo • - J . ". - 6?'I t? c2 ? =~33 l I?: 313.' :,Q.- - - ? %-: 'A s72s. _ 03 ;? ,;..•.: •-- •Q. ' , ,¢ 1 fy? I •7'I 1, <';? -.}- _? ,, m". o I t Y - t7- •ii 4535-040 ZI 7=i193:b ?,., V I o3 I (.; 1' • - ?4c? E: hs9s?4+ L Z: r '7 .: / .-? - :13:3.2°: o ?? I '? •' .? 1 • - o It1 .6 _ - 1c3t. t;(' _ 2Q r? I F, r.t y' _ 1C r^. 1 I I! - - I I s - "'' 9305 2oa2 ? ate. j _ a'fi2t?508 ';' x;'848, 7. .,'• 9087-:-l.8'„L! ?'..... ?-' a'. 14- t' '0. 1 i rti i { t5'-{, ' J y 71" 43. I. ' t' I :22 8377-3 ! ,?----! ? 1153 - I l :_ 3?• 1 . . g 5635-60i-AL I . 5853-1552 71C 8 . { t I k '57 4 { 19 05 is9a { ! Iz- ` 23' I I C) -29 E E:Tts. 44, A 5 ^t-" ' _ I I I I ?tOtta-6ai t. f n . c °. I I'. 7? X92 -8 171 -- lon, i,•1Utd. F.ase. I: t fA 8371-3=t ( . 25 gyp, f?! w PROPOSED ANNEXATION AND ZONING CLASSIFICATION i I OWNER: Elizabeth Glisson ;CASE: ATA ANX 01-07-16 SITc: 2672 N. Terrace Drive PROPERTY SIZE (ACRES): 0.21 R.O.W. SIZE (ACRES): 0.10 ZONING LAND USE ; PIN' 05129/19/714241000/0050 FROM: A-3 County Residential Low ' TO. L.14 D R Residential Low A LAS 264A , PAGE: i Ordinance NO. 6865-01 CDB Meeting Date October 16, 2001 Case No. ATA ANX 01-07-16 Agenda Item: D. 4. CITY OF CLEARWATER PLANNING DEPARTMENT STAFF REPORT GENERAL INFORMATION OWNER(S): Elizabeth Glisson APPLICANT: City of Clearwater (Pursuant to Agreement to Annex dated January 18,1979) LOCATION: 2672 North Terrace Drive, on the north side of North Terrace Drive, approximately 240 feet south of Morningside Drive. REQUEST: To annex the property into the City of Clearwater in accordance with the provisions of an approved Agreement to Annex and approve the appropriate City land use plan category and zoning district. SITE INFORMATION PROPERTY SIZE: Dimensions of property: PROPERTY USE Current Use: Proposed Use: PLAN CATEGORY Current County Plan Category: .Proposed City Plan Category: ZONING DISTRICT Current County Zoning District: Proposed City Zoning District: 9,130 square feet or 0.21 acres Lot width of 83 feet by 110 feet deep Existing single family dwelling Existing single family dwelling Residential Low Residential Low Residential, Single Family District (R-3)/County Low Medium Density Residential (LMDR) ;ta ?yy'??? f1( CDB ATA ANX 01-07-16 October 16, 2001 Page 2 BACKGROUND INFORNIATION : On January 18, 1979, Mr. Perk H. White and his wife Suzanne G. White, the previous owners of this property, entered into an Agreement to Annex (ATA) the subject property with the City of Clearwater in order to receive City sewer service. At that time, the subject property was located outside the municipal boundaries of the City of Clearwater and did not meet the adjacency requirements for a voluntary annexation. The terms and provisions of that agreement are binding upon the current owner(s), their successors, assigns, or any subsequent owner of this property. It was agreed that at such time as it would become possible for the City to annex the property, that the A'TA would constitute an application to annex at that time. The subject property will now be contiguous to the existing city boundaries to the west following the annexation of the property at 2666 North Terrace Drive. The City was also required to give the property owner 60 days written notice of its intent to annex this property. This requirement has been met and a notice letter was sent to the current property owner on July 5, 2001. The notice expired on September 4, 2001. ANALYSIS The City of Clearwater is initiating this annexation request in order to bring this property into its jurisdiction in compliance with the terms and conditions established in the Agreement to Annex of January 18, 1979. The subject property will now be contiguous with the existing City boundaries following the annexation of the property at 2666 North Terrace Drive, west of the subject property. The annexation is consistent with the Florida Statutes with regard to the requirements for voluntary annexation. The property will have a land use plan designation of Residential Low and it is proposed to be zoned Low Medium Density Residential (LMDR). The subject property is an existing single family residential home. 1. INWACT ON CITY SERVICES Water and Sewer The City of Clearwater has been providing sewer service to the subject property since January 18, 1979 and capacity for the project continues to be available for this utility. The property owner is presently receiving water service from Pinellas County and will continue to do so. Therefore, this annexation will not have any effect on public facilities. In addition, the City's ability to serve the overall site had previously been documented through the Agreement to Annex. Moreover, the previous owners had paid the required sanitary sewer impact and assessment fees applicable at that time. J CDB ATA ANX 01-07-16 October 16, 2001 Page 3 Solid Waste Collection of solid waste will be provided by the City of Clearwater. The City has an interlocal agreement with Pinellas County to provide for the disposal of solid waste at the County's Resource Recovery Plant and capacity is available to serve the property. Police: The property is located within the East Police District and service will be administered through the District 3 Station located at 2851 McMullen Booth Road. There are currently 52 patrol officers and 6 patrol sergeants assigned to this district. Community policing service will be provided through the City's zone system and officers in the field. The Police Department has stated that they will be able to serve this property and the annexation will not adversely affect police service and response time. Fire and Emergency Medical Services Fire and emergency medical services will be provided to the property by Station #49 located at 520 Sky Harbor Drive south of Clearwater Mall. The Fire Department has } stated that they will be able to serve this property and the annexation will not adversely affect fire and EMS service and response time. In summary, the proposed annexation will not have an adverse effect on public facilities and their level of service. 11. CONSISTENCY WITH THE CITY'S COMPREHENSIVE PLAN The Pinellas County Comprehensive Plan and the Countywide Plan designates the site as Residential Low. The intent of this designation is to recognize areas where use and development characteristics are low density residential in nature. Residential uses are the primary uses in this plan category up to a maximum density of 5 dwelling units per acre. Other permissible uses in the Residential Low plan category include Public/Semi-Punic uses, schools, ancillary non-residential and Recreation/ Open Space uses. The annexation does not propose to change the Residential Low plan category and the proposed use is consistent with the uses and density of this plan category. Moreover, the annexation promotes infill development as stated in Objective 2.4 of the Clearwater Future Land Use Plan: 2.4 Objective - In considering extension of service and facilities, Clearwater shall ,,a actively encourage infill development. CDB ATA ANX 01-07-16 October 16, 2001 Page 4 In summary, the proposed annexation is consistent with the City's Comprehensive Plan both in the Future Land Use Map and the goals and policies of the Plan. LQ. CONSISTENCY OF DEVELOPMENT WITH COMMUNITY DEVELOMENT CODE AND CITY REGULATIONS The zoning district appropriate for this site under the Community Development Code is the Low Medium Density Residential (LMDR) District. The dimensional requirements of the LMDR district are consistent with the surrounding development on this site. The application for annexation involves an existing residential detached home. Under the current LMDR zoning district requirements, a minimum lot width of 50 feet and 5,000 square feet of lot area are required. The lot width for the subject property is 83 feet and the lot size is 9,130 square feet which exceeds the minimum lot size and lot width required for the Low Medium Density Residential zoning district. Therefore, the site meets the dimensional requirements of the LMDR district as a standard development. IV. CONSISTENCY WITH THE COUNTYWIDE PLAN There is no change requested in the Comprehensive Plan category of the site, which will , remain Residential Low with a maximum permitted density of 5 units per acre. However, this annexation requires a review by the Pinellas Planning Council (PPC) and the County pursuant to the Pinellas County Charter amendment approved by a referendum on November 7, 2000. The PPC and County staff have reviewed this annexation and have no objections. V. CONSISTENCY WITH FLORIDA LAW Florida Statutes require that a proposed annexation be both contiguous with the existing municipal boundaries and compact in its concentration (Florida Statutes Chapter 171). This property is contiguous with the existing City boundaries to the west of the property and represents a logical extension of the existing boundaries. The compactness standard of Florida law requires that the annexation does not create an enclave or a serpentine pattern of municipal boundaries. The annexation of this property is consistent with this standard and no new enclave will be created by annexation of this property. In summary, the annexation of this property is consistent with Florida law. VI. CODE ENFORCEMENT ANALYSIS There is no adverse comment from the Community Response Team (CRT) concerning this property. °':' CDB ATA ANX 01-07-16 October 16, 2001 Page 5 VI 1. COMPARISON OF COSTS RELATED TO JURISDICTION The total annual cost of ad valorem, utility, water and sewer, and sanitation fees is estimated to increase by $176.00 after this annexation. SUMMARY AND RECOMMENDATIONS .The City of Clearwater is initiating this annexation request in order to bring this property into its jurisdiction in compliance with the terms and conditions established in the Agreement to Annex of January 18, 1979. The City has been providing sewer service to the subject property since January 18, 1979 and capacity continues to be available for this utility. Therefore the proposed annexation of this property will not affect the provision of public facilities. The proposed annexation and the existing 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 existing and future use of this site as a single family home is consistent with the LMDR zoning district. Finally, the proposed annexation is consistent with Florida law regarding municipal annexation through its adjacency with existing City boundaries and is compact in concentration. Based on the above analysis, the Planning Department recommends the following actions on the request: 1. Recommend APPROVAL of the annexation of the property located at 2672 North Terrace Drive. 2. Recommend APPROVAL of the Residential Low plan category pursuant to the City's Comprehensive Plan. 3. Recommend APPROVAL of the Low Medium Density Residential (LMDR) zoning district pursuant to the City's Community Development Code. Prepared by : ftim S. doh ,r Senior Planner CDB ATA ANX 01-07-16 October 16, 2001 Page 6 Attachments Application Aerial Photograph of Site and Vicinity Location Map Land Use Map Existing Surrounding Uses Zoning Atlas 1 Clearwater City Commission Agenda Cover Memorandum SUBJECT/RECOMMENDATION: Work session Item #: Final Agenda Item Meeting Date: pub is October 18. 2001 o Petition for Annexation, Land Use Plan and Zoning Atlas Amendments for 2678 North Terrace Drive (Lot 6, Pinellas Terrace in Section 05, Township 29 South, Range 16 East); Owner: Alicia A. Medeiros. MOTION; APPROVE the Petition for Annexation, Land Use Plan Amendment from County Residential Low to City Residential Low and Zoning Atlas Amendment from County Zoning Residential, Single Family District (R-3) to City Low Medium Density Residential (LMDR) Zoning District for 2678 North Terrace Drive (Lot 6, Pinellas Terrace in Section 05, Township 29 South, Range 16 East) and PASS Ordinances No. 6866-01, 6867-01 & 6868-01 on first reading. (ATA ANX 01-07-17) 9 and that the appropriate officials be authorized to execute some. SUMMARY: On Octoberl8, 1996 Ms. Alicia A. Medeiros the owner of this property entered into an Agreement with the City of Clearwater to annex this property in order to receive City sewer service. The terms and provisions of that Agreement to Annex (ATA) are binding upon the current owner(s), their successors, assigns, or any subsequent owner(s) of this p• arty. At that time, this property was located outside the municipal boundaries of the City of Clearwater and did r, .eet the adjacency requirements for voluntary annexations. This property will now be contiguous to the existing City's boundaries to the west following the annexation of the property at 2672 North Terrace Drive. The ATA required the City to provide 60 days written notice of its intent to annex this property. This notice was mailed to the current property owner on July 5, 2001 and the notice expired on September 4, 2001. The subject property is an existing single famiiy dwelling and the site is approximately 0.21 acres in size. Since the execution of this agreement in 1979, the ownership of this property has changed and the current owner has been informed of this annexation. The City of Clearwater is now initiating this annexation request in order to bring this property into its jurisdiction in compliance with the terms and conditions established in the ATA agreement of October 18, 1996. This annexation includes the abutting right-of-way of North Terrace Drive. The City has been providing sewer service to this property pursuant to the ATA and adequate capacity exists to serve the proposed annexation. Reviewed by: Originating Dept: Costs Legal Info Srvc N/A PLANNING DEPARTMENT Total 0-4- ETIM S. LIH 1 Budget N/A Public N/A User Dept .l / Funding Source: Works Purchasin N/A DCM/ACM Current Cl g FY Risk Mgmt N/A Other Attachments OP ORDINANCES NO. 6866-01, Other 6867-01 & 6868-01 STAFF REPORT Submitted by: ?&-g O None d,. City Manager J Appropriation Code: Printed on recycled paper Rev. 2/48 CC ATA ANX 01-07 Alicia A. Medeiros October 18, 2001 Page 2 The Planning Department determined that the proposed annexation is consistent with the following standards specified in the Community Development Code: • The proposed annexation will not have an adverse impact on public facilities and their level of service. • The proposed annexation is consistent with the City's Comprehensive Plan, the Countywide Plan and the Community Development Code. • The proposed annexation is contiguous to existing municipal boundaries, represents a logical extension of the boundaries and does not create an enclave. This annexation has been reviewed by the Pinellas Planning Council (PPC) and Pinellas County staff according to the provisions of the County Ordinance No. 00-63, Section 7(1-3), and no objections have been received from these offices. The Planning Department determined that the proposed land use plan amendment and rezoning applications are consistent with the following standards specified in the Community Development Code: .? • The proposed land use plan amendment and rezoning application are consistent with the Comprehensive Plan. • The potential range of uses and the specific proposed use are compatible with the surrounding area. • Sufficient public facilities are available to serve the property. • The applications will not have an adverse impact on the natural environment. Pursuant to the Interlocal Agreement with Pinellas County, review by the Pinellas Planning Council will not be required for the plan amendment. The Community Development Board is scheduled to review these applications at their public hearing meeting of October 16, 2001. The Planning Department will report the results of the Board's hearing at the Commission meeting. :j 7 ORDINANCE NO. 6866-01 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTY LOCATED ON THE NORTH SIDE OF NORTH TERRACE DRIVE, APPROXIMATELY 400 FEET SOUTH OF MORNINGSIDE DRIVE, CONSISTING OF LOT 6, PINELLAS TERRACE SUBDIVISION, TOGETHER WITH ABUTTING RIGHT-OF-WAY OF NORTH TERRACE DRIVE, WHOSE POST OFFICE ADDRESS IS 2678 NORTH TERRACE 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: Lot 6, Pinellas Terrace, according to the map or plat thereof, as recorded in Plat Book 49, Page 52, Public Records of Pinellas County, Florida, together with abutting right-of-way of North Terrace Drive. (ATA ANX 01-07-17) 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 hclude 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 attadied 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 Approyed as to form: Leslie K. Dougall- ides Assistant City Attorney Brian J. Aungst Mayor-Commissioner Attest: Cynthia E. Goudeau City Clerk Ordinance No. 6866-01 7 ? i479-2375 A 8 it 9 I t0 ? Q U ? 11 I, 136 -713 i. _,`3 14. G L7t06_2369/ -1 Utu. I 7-11o ^ 1 tit. I 1 4 r - 1 33/133 1 ' 12 Q I 1 i ' 33 /052 I IC ;;1. 1 G I I I ? ., , / .' S1 I I I i w ' i(I '3 5 I 651 i .0 r• --?!i 5- --1 T'T-- ! i : tI i II 0 I o ? ' i3 ¢ t ! j Z ! 1 i _ 0 I Of 4 I it----, ?I ?- W 1 9 r 8 II 9 I - -- 1 15 1 If I i 67E3 3 All ?` .3 iii > - - I I 1 4 °827-1580 C3• J 4 A 6332- 16 1.. A 13 ?. - Ili 12 5 II 5822-159411 I I Y 6 5722-9134 I THIS Is NOT a , SURVEY Q',,( 6112-481 Z - I o' 7 i • 10 1 5622-2, 1 ??.10 - 33. 105_5n7 6037-17061 jj' .I JA 90114-661 DRIVE ?- 15• UId. Eose i 1 ( ? at-fi62? 6 I I 17 =18 19 20_? 2- ?3 24 25 26 27 -r - = - - C?S E0 25450 596 f _ 7 me, 0. 5656-394 ?' (-' - - 1 1 - -2 4 1? nam I ^ 0 5. X2678 11 N TERR - ? _ 8. i. Iw1.7 r' M M rn I I I t. f o ? 4 ! 20'Dr. Dr.& it Ease. A A Al 16 w 1 x,1.4 13aQI n N ^ to ACE DR1VE ??/,? {. I I. 6376-77t TERRAC . DRIVE. aet3-439 I? c^ !II cw 13I {I .36 I IIl ? - II J _ _ . > 11 ? (?- IF, - ? I !- - 453 .;5' ? I I-? 15 . - 38ft ,1133-ISe [79 ID R F6 i{ 63 3.:11 35' s70?1 I! 1 o. ' I I 1.4 • : 1 U {•I _ I l . ::. ?`' I? ' . > . 9893 ? I 1 : ' :.: y: 6'7 !?! 62: i0! . ?.. r A,5728-1103 39; 1 t 34. Q j '! 5728-1to3 I 11 al :g.ii 113' 1 II', . 40 I l 33 x535-rd00r (1,6958-?t4 tjj . -1183 w. ... :. , In 584 ¢ + ?ill z ?I I:: 12. z 1g'Z`?-lf f4. W cot [.-W ; t I'-.6f _ 1' 1 .45 ;:. 0 : I (. 11 J 3 _? ??•• - sacs=21?02-i ' I i 1 r3-508 9087-778•AIIA. 8491 767 ` f -.70 Ili. 1 ' Y d 10. 2.5i I 5693-753. ' 115-{ 9 22?I ? 8377-334 -? 71 1! 58 43 II._30 A 5685-6451 a •6853-1552 7113 I I 4 4.' 11.9305=1998. I I ; 23 • I I O$' ?• 72 1 157 ! ( •.29 16 1 N 1 F A. - I ( ( r10114-ti4t ( ``/'ts 4 _° I 157135-292 7 ?;b 45' r--28 .. 171 -- I ! Ulil. Eose. I I A 8377-341 25 ? ? 111 r . f PROPOSED ANNEXATION AND ZONING CLASSIFICATION OWNER: Alicia Nedeiros CASE: ATA ANX 01-07-17 -SITE: 2678 N. Terrace Drive PROPERTY SIZE (ACRES): 0.21 R.O.W. SIZE (ACRES): 0.10 ZONING LAND USE ; PIN: 05/29/16/71424/000/0000 FROM: R-3 / County Residential Low T0: LMDR Residential Low ATLAS 264A PAGE: Exhibit A Ordinance No. 6866-01 MORNINGSIDE ORDINANCE NO. 6867-01 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE FUTURE LAND USE PLAN ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY, TO DESIGNATE THE LAND USE FOR CERTAIN REAL PROPERTY LOCATED ON THE NORTH SIDE OF NORTH TERRACE DRIVE, APPROXIMATELY 400 FEET SOUTH OF MORNINGSIDE DRIVE, CONSISTING OF LOT 6, PINELLAS TERRACE SUBDIVISION, TOGETHER WITH ABUTTING RIGHT-OF-WAY OF NORTH TERRACE DRIVE, WHOSE POST OFFICE ADDRESS IS 2678 NORTH TERRACE 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 Land Use Category Lot 6, Pinellas Terrace, according to the map or Residential Low plat thereof, as recorded in Plat Book 49, Page 52, Public Records of Pinellas County, Florida, together with abutting right-of-way of North Terrace.Drive (ATA ANX 01-07-17) 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. 6866.01, 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 § 163.3189, Florida Statutes. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Brian J. Aungst Mayor-Cornmissioner Approved as to form: Leslie K. Dougail-Sides Assistant City Attorney Attest: Cynthia E. Goudeau City Clerk Ordinance No. 6867-01 M w a o L , WOODRING I MORNINGSIDE .rr COUNTYWIDE FUTURE LAND USE PLAN MAP NAME: ALICIA A. MEDEIROS 2678 NORTH TERRACE DRIVE PLAN DESIGNATION: RESIDENTIAL LOW ATLAS PAGE: 264A SEC. 05 TWP: 29S RGE: 16E COMMUNITY DEVELOPMENT BOARD: October 16, 2001 r Ordinance No .? 6867-01 ORDINANCE NO. 6868-01 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY ZONING CERTAIN REAL PROPERTY LOCATED ON THE NORTH SIDE OF NORTH TERRACE DRIVE, APPROXIMATELY 400 FEET SOUTH OF MORNINGSIDE DRIVE, CONSISTING OF LOT 6, PINELLAS TERRACE SUBDIVISION, TOGETHER WITH ABUTTING RIGHT-OF-WAY OF NORTH TERRACE DRIVE, WHOSE POST OFFICE ADDRESS IS 2678 NORTH TERRACE 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 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: Pro e Lot 6, Pinellas Terrace, according to the map or plat thereof, as recorded in Plat Book 49, Page 52, Public Records of Pinellas County, Florida, together with abutting right-of-way of North Terrace Drive (ATA ANX 01-07-17) Zoning 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. 686601. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Brian J. Aungst Mayor-Commissioner Approved as to form: Leslie K. Dougall-Sid Assistant City Attorney Attest: Cynthia E. Goudeau City Clerk Ordinance No. 6808-01 '??- `.II ?1?.. ;Q 6, •:IIQb96 ?327 _ '? LJJ 7 r , ?,' :Il i 10 Q ?0 :ta MORNINGStOE_ i U A ., • - . `. 1 ' ' "t S?yysa ,:t?. ?(2 \i•/: i" t? ?!j ?' ` -jI ?1 .+-?t. ...r, :! f t?.: `!•ri.M h? -5+ 1 Y V}•?v PROPOSED ANNEXATION AND ZONING CLASSIFICATION OWNER: Alicia Medeiros CASE: ATA ANX 01-07-17 SIT 2678 N. Terrace Drive + PROPERTY SIZE (ACRES): 0.21 ---------V--? R.O.W, SIZE (ACRES): 0.10 ZONING LAND USE PIN- 05/29/1817142-1'000/0080 FROM R-3 / County Residential Low - ----_---^--.-----•`-__.. TO• LMDR Residential Low I ATLAS 264A PAGE Ordinance No. 6868-01 CDB Meeting Date October 16, 2001 Case No. ATA ANX 01-07-17 Agenda Item: D. 5. CITY OF CLEARWATER PLANNING DEPARTMENT . STAFF REPORT GENERAL INFORMATION OWNER(S): Alicia A. Medeiros APPLICANT: City of Clearwater (Pursuant to Agreement to Annex dated October 18, 1996) LOCATION: 2678 North Terrace Drive, on the north side of North Terrace Drive, approximately 400 feet south of Morningside Drive. REQUEST: To annex the property into the City of Clearwater in accordance with the provisions of an approved Agreement to Annex and approve the appropriate City land use plan category and zoning district. SITE INFORMATION PROPERTY SIZE: Dimensions of property: PROPERTY USE Current Use: Proposed Use: PLAN CATEGORY Current County Plan Category: Proposed City Plan Category: ZONING DISTRICT Current County Zoning District: Proposed City Zoning District: 9,130 square feet or 0.21 acres Lot width of 83 feet by 110 feet deep Existing single family dwelling Existing single family dwelling Residential Low Residential Low Residential, Single Family District (R-3)/County Low Medium Density Residential (LMDR) CDS ATA ANN 01-07-17 October 16, 2001 Page 2 BACKGROUND INFORMATION : On October 18, 1996, Ms. Alicia A. Medeiros the current owner of this property entered into an Agreement to Annex (ATA) the subject property with the City of Clearwater in order to receive City sewer service. At that time, the subject property was located outside the municipal boundaries of the City of Clearwater and did not meet the adjacency requirements for a voluntary annexation. The terms and provisions of that agreement are binding upon the current owner(s), their successors, assigns, or any subsequent owner of this property. It was agreed that at such time as it would become possible for the City to annex the property, that the ATA would constitute an application to annex at that time. The subject property will now be contiguous to the existing city boundaries to the west following the annexation of property at 2672 North Terrace Drive. The City was also required to give the property owner 60 days written notice of its intent to annex this property. This requirement has been met and a notice letter was sent to the current property owner on July 5, 2001. The notice expired on September 4, 2001. ANALYSIS The City of Clearwater is initiating this annexation request in order to bring this property into its jurisdiction in compliance with the terms and conditions established in the ATA agreement of October 18, 1996. The subject property will now be contiguous with the existing City boundaries following the annexation of the adjacent property at 2672 North Terrace Drive, west of the subject site. The annexation is consistent with the Florida Statutes with regard to the requirements for voluntary annexation. The property will have a land use plan designation of Residential Low and it is proposed to be zoned Low Medium Density Residential (LNWR). The subject property is an existing single family residential home. I. IMPACT ON CITY SERVICES Water and Sewer The City of Clearwater has been providing sewer service to the subject property since October 18, 1996, and capacity for the project continues to be available for this utility. The property owner is currently receiving water service from Pinellas County and will continue to do so. Therefore, this annexation will not have any effect on public facilities. In addition, the City's ability to serve the overall site had previously been documented through the Agreement to Annex. Moreover, the owner had paid the required sanitary sewer impact and assessment fees applicable at that time. CDB ATA ANX O l -07-17 October 16, 2001 Page 3 Solid Waste Collection of solid waste will be provided by the City of Clearwater. The City has an interlocal agreement with Pinellas County to provide for the disposal of solid waste at the County's Resource Recovery Plant and capacity is available to serve the property. Police: The property is located within the East Police District and service will be administered through the District 3 Station located at 2851 McMullen Booth Road. There are currently 52 patrol officers and 6 patrol sergeants assigned to this district. Community policing service will be provided through the City's zone system and officers in the field. The Police Department has stated that they will be able to serve this property and the annexation will not adversely affect police service and response time. Fire and Emergency Medical Services } Fire and emergency medical services will be provided to the property by Station #49 located at 520 Sky Harbor Drive south of Clearwater Mall. The Fire Department has stated that they will be able to serve this property and the annexation will not adversely affect fire and EMS service and response time. In summary, the proposed annexation will not have an adverse effect on public facilities and their level of service. K CONSISTENCY WITH THE CITY'S COMPREHENSIVE PLAN The Pinellas County Comprehensive Plan and the Countywide Plan designates the site as Residential Low. The intent of this designation is to recognize areas where use and development characteristics are low density residential in nature. Residential uses are the primary uses in this plan category up to a maximum density of 5 dwelling units per acre. Other permissible uses in the Residential Low plan category include Public/Semi-Public uses, schools, ancillary non-residential and Recreation/ Open Space uses. The annexation does not propose to change the Residential Low plan category and the proposed use is consistent with the uses and density of this plan category. Moreover, the annexation promotes infill development as stated in Objective 2.4 of the Clearwater Future Land Use Plan: 1,t? CDB ATA ANX 01-07-17 October 16, 2001 Page 4 2.4 Objective - In considering extension of service and facilities, Clearwater shall actively encourage infill development. In summary, the proposed annexation is consistent with the City's Comprehensive Plan both in the Future Land Use Map and the goals and policies of the Plan. III. CONSISTENCY OF DEVELOPMENT WITH COMMUNITY DEVELOMENT CODE AND CITY REGULATIONS The zoning district appropriate for this site under the Community Development Code is the Low Medium Density Residential (LMDR) District. The dimensional requirements of the LMDR district are consistent with the surrounding development on this site. The application for annexation involves an existing residential detached dwelling. Under the current LMDR zoning district requirements, a minimum lot width of 50 feet and 5,000 square feet of lot area are required. The lot width for the subject property is 83 feet and the lot size is 9,130 square feet which exceeds the minimum lot size and lot width required for the Low Medium Density Residential zoning district. Therefore, the site meets the dimensional requirements of the LMDR district as a standard development. IV. CONSISTENCY WITH THE COUNTYWIDE PLAN There is no change requested in the Comprehensive Plan category of the site, which will remain Residential Low with a maximum density of 5 units per acre. However, this annexation requires a review by the Pinellas Planning Council (PPC) and the Pinellas County pursuant to the Pinellas County Charter amendment approved by referendum on November 7, 2000. The PPC and County staff have reviewed this annexation and have no objections. V. CONSISTENCY WITH FLORIDA LAW Florida Statutes require that a proposed annexation be both contiguous with the existing municipal boundaries and compact in its concentration (Florida Statutes Chapter 171). This property is contiguous with the existing City boundaries to the west of the property and represents a logical extension of the existing boundaries. The compactness standard of Florida law requires that the annexation does not create an enclave or a serpentine pattern of municipal boundaries. The annexation of this property is consistent with this standard and no new enclave will be created by the annexation of this property. In summary, the annexation of this property is consistent with Florida law. CDB ATA ANX 01-07-17 October 16, 2001 Page 5 VI. CODE ENFORCEMENT ANALYSIS There is no adverse comment from the Community Response Team (CRT) concerning this property. V11. COMPARISON OF COSTS RELATED TO JURISDICTION The total annual cost of ad valorem, utility, water and sewer, and sanitation fees is estimated to increase by $211.00 after this annexation. SUMMARY AND RECOMMENDATIONS The City of Clearwater is initiating this annexation request in order to bring this property into its jurisdiction in compliance with the terms and conditions established in the Agreement to Annex of October 18, 1996. The City has been providing sewer service to the subject property since October 18, 1996 and capacity continues to be available for this utility. The proposed annexation of this property will not affect the provision of public facilities. The proposed annexation and the existing 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 existing and future use of this site as a single family home is consistent with the LMDR zoning district. Finally, the proposed annexation is consistent with Florida law regarding municipal annexation through its adjacency with existing City boundaries and is compact in concentration. Based on the above analysis, the Planning Department recommends the following actions on the request: 1. Recommend APPROVAL of the annexation of the property located at 2678 North Terrace Drive. 2. Recommend APPROVAL of the Residential Low plan category pursuant to the City's Comprehensive Plan. 3. Recommend APPROVAL of the Low Medium Density Residential (LMDR) zoning district pursuant to the City's Community Development Code. Prepared by: J tim . Udoh r." Senior Planner CDB. ATA ANX 01-07-17 October 16, 2001 Page 6 Attachments Application Aerial Photograph of Site and Vicinity Location Map Land Use Map Existing Surrounding Uses Zoning Atlas ?4v h 4 Clearwater City Commission Agenda Cover Memorandum SUBJECT/RECOMMENDATION: Work session Item #: Final Agenda Item Meeting Date: Pu> z October 18, 2001 Petition for Annexation, Land Use Plan and Zoning Atlas Amendments for 1245 Hercules Avenue (Metes & Bounds 13-04) in Section 12, Township 29 South, Range 15 East); Owner: Sabadosh Enterprise, Inc. MOTION: APPROVE the Petition for Annexation, Land Use Plan Amendment from County Industrial Limited to City Industrial Limited and Zoning Atlas Amendment from County Zoning Light Manufacturing and Industry District (M-1) to City Industrial, Research and Technology (IRT) Zoning District for 1245 Hercules Avenue (Metes and Bounds 13/051) in Section 12, Township 29 South, Range 15 East) and PASS Ordinances No. 687201, 6873-01 & 6874-01 on first reading. (ATA ANX 01-07-19) 0 and that the appropriate officials be authorized to execute same. SUMMARY: On [March 8, 1984, the previous owner of this property entered into an agreement with the City of Clearwater to annex this property in order to receive City sewer service. The terms and provisions of that Agreement to Annex (ATA) are binding upon the current owner(s), their successors, assigns, or any subsequent owner(s) of this property. At 'wit time, this property was located outside the municipal boundaries of the City of Clearwater and did not meet t., ?Ijacency requirements for voluntary annexation. This property is now contiguous to the existing City's boundaries to the south. The ATA required the City to provide 60 days written notice of its intent to annex this property. This notice was mailed to the current property owner on July 5, 2001 and the notice expired on September 4, 2001. The subject property is an existing light manufacturing (labels& printing) facility and the site is approximately 0.53 acres in size. Since the execution of this agreement in 1984, the ownership of this property has changed and the current owner has been informed of this annexation. The City of Clearwater is now initiating this annexation request in order to bring this property into its jurisdiction in compliance with the terms and conditions established in the ATA.of March 8, 1984. The City has been providing sewer service to this property pursuant to the ATA and adequate capacity exists to serve the proposed annexation. Reviewed by: Originating Dept: Costs Legal Info Srvc N/A PLANNING DEPARTMENT Total 8? (ETIM S. UD )C Budget N/A Public N/A User Dept. Funding Source: Works Purchasin N/A DCM/ACM' 4y Current CI 9 FY Risk Mgmt N/A Other Attachments OP ORDINANCES NO. 6872-01, Other 6873-01 & 6874-01 J STAFF REPORT Su miffed by: 'R ? None City Manager Appropriation Code: Printed on recycled paper Rev. 2/48 CC ATA ANX 01-07- Sabadosh Enterprises, Int.. October 18, 2001 Page 2 The Planning Department determined that the proposed annexation is consistent with the following standards specified in the Community Development Code: • The proposed annexation will not have an adverse impact on public facilities and their level of service. • The proposed annexation is consistent with the City's Comprehensive Plan, the Countywide Plan and the Community Development Code. • The proposed annexation is contiguous to existing municipal boundaries, represents a logical extension of the boundaries and does not create an enclave. This annexation has been reviewed by the Pinellas Planning Council (PPC) and Pinellas County staff according to the provisions of the County Ordinance No. 00-63, Section 7(1-3), and no objections have been received from these offices. The Planning Department determined that the proposed land use plan amendment and rezoning applications are consistent with the following standards specified in the Community Development Code: • The proposed land use plan amendment and rezoning application are consistent with the Comprehensive Plan. • The potential range of uses and the specific proposed use are compatible with the surrounding area. • Sufficient public facilities are available to serve the property. • The applications will not have an adverse impact on the natural environment. Pursuant to the Interlocal Agreement with Pinellas County, review by the Pinellas Planning Council will not be required for the plan amendment. The Community Development Board is scheduled to review these applications at their public hearing meeting of October 16, 2001. The Planning Department will report the results of the Board's hearing at the Commission meeting. z ORDINANCE NO. 6872-01 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTY LOCATED ON THE EAST SIDE OF HERCULES AVENUE, APPROXIMATELY 130 FEET SOUTH OF RANGE ROAD, CONSISTING OF A PORTION OF SECTION 12, TOWNSHIP 29 SOUTH, RANGE 15 EAST WHOSE POST OFFICE ADDRESS IS 1245 HERCULES AVENUE, 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 intothe 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 legal description attached hereto (ATA ANX 01-07-19) Section 2. The provisions of this ordinance are found and determined to be consstent 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 Approved as to form: Leslie K. Dougall-Side Assistant City Attorney Brian J. Aungst Mayor-Commissioner Attest: Cynthia E. Goudeau City Clerk Ordinance No. 6872-01 LEGAL DESCRIPTION FOR ATA ANX 01-07-19 Beginning at the Northwest corner of the Southeast V4 of the Northeast % of Section 12, Township 29 South, Range 15 East, Pinellas County, Florida, then East along Range Road 50 feet, then South parallel to the centerline of Hercules Avenue, 165 feet to Point of Beginning, then East parallel to the centerline of Range Road 233 feet, then South 115 feet parallel to the centerline of Hercules Avenue, then West 233 feet parallel to the centerline of Range Road, then North 115 feet parallel to the centerline of Hercules Avenue to the Point of Beginning. ::4:`?' dtYr_ 13 reo W13 - STREET 24 26, 7- 29 r a CARROLL ARROLL. STREET - _ o .. .. tp - .. ..'V. •.:..r +tr TMS,ISNOT4 to C, h 400- - ' - r i 9. ?_..-:. 10 1t 38 37 36 34 33'*- 31 ! ?. i. - I f -+ ° 1401 Q. ' °w'..• two Z: J -1400'' C14 "p tp N RANGE ROAD- % 5t, a ss-,e„ Y (7? C11 Cl 10 lass S/a41. N 'm 1.245` •13/D51:::.;:: 1` Q4' 13/03 ,310 LL' IRT 13/ 13/ I ? 13/07 Ir M 1223 N a:'^ 13/043 1185 13/08 "Irlu J I nJ,' 1212 13/082 I r?9? V .y 13 /081 ! 1175 1169 ?. m o 1 N o 1163 o N N N cv N cQ GRAND AVENUES I ; W Feoo-I?_4Z WEAVER PARK DRIVE Z! .1 0 60 1069 C) °.' N c`v N N N cry 1085 1065 Development 1079 Agreement LO 1059 13/14 13/141 Gj 1063 13/13 13/1 4633-,774 , (J TRACT 1055 rose a 1057 1060 a 1053 1058 U 1051 PROPOSED ANNEXATION AND ZONING CLASSIFICATION OWNER: Sabadosh Enterprises, Inc. CASE: ATA ANX 01-•07-19 SITE: 1245 Hercules Avenue PROPERTY SIZE (ACRES): 0.62 ZONING LAND USE PIN: 12129/15/00000/130/0510 FRS M-1/County Industlal Limited Tc. IRT ; Industrial Limited ATLAS 271B PAGE: J Exhibit A Ordinance No. 6872'-01 ORDINANCE NO. 6873-01 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 HERCULES AVENUE, APPROXIMATELY 130 FEET SOUTH OF RANGE ROAD, CONSISTING OF A PORTION OF SECTION 12, TOWNSHIP 29 SOUTH, RANGE 15 EAST, WHOSE POST OFFICE ADDRESS IS 1245 HERCULES AVENUE, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS INDUSTRIAL 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, upon annexation into the City of Clearwater, as follows: Property See legal description attached hereto (ATA ANX 01-07-19) Land Use Category Industrial 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, contingent upon and subject to the adoption of Ordinance No. 6872-01, 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 § 163.3189, Florida Statutes. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED A pr ed as to for Leslie K. Dougall-Sid Assistant City Attorney Brian J. Aungst Mayor-Commissioner Attest: Cynthia E. Goudeau l City Clerk Ordinance No. 6873-01 LEGAL DESCRIPTION FOR ATA ANX 01-07-19 Beginning at the Northwest corner of the Southeast'/4 of the Northeast 1/4 of Section 12, Township 29 South, Range 15 East, Pinellas County, Florida, then East along Range Road 50 feet, then South parallel to the centerline of Hercules Avenue, 165 feet to Point of Beginning, then East parallel to the centerline of Range Road 233 feet, then South 115 feet parallel to the centerline of Hercules Avenue, then West 233 feet parallel to the centerline of Range Road, then North 115 feet parallel to the centerline of Hercules Avenue to the Point of Beginning. hat i` • I 1 1 I 1 1 1 I I 1 1 1 I 1 1 1 1 I 1 I 1 I 1 1 1 1 1 1 1 1 1 1 1 1 1 1 I 1 I f I I I 1 1 1 1 I 1 1 1 1 I 1 1 1 1 1 1 IRIS i 1 I I • I 1 I ' 1 1 1 I I 1 1 I 1 COUNTYWIDE FUTURE LAND USE PLAN MAP NAME: SABADOSH ENTERPRISES, INC. 1245 HERCULES AVENUE PLAN DESIGNATION: INDUSTRIAL LIMITED ATLAS PAGE: 271 B SEC. 12 TWP: 29S R.GE: 15E COMMUNITY DEVELOPMENT BOARD: October 16, 2001 Ordinance No. 6373-01 ORDINANCE NO. 6874-01 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 HERCULES AVENUE, APPROXIMATELY 130 FEET SOUTH OF RANGE ROAD, CONSISTING OF A PORTION OF SECTION 12, TOWNSHIP 29 SOUTH, RANGE 15 EAST, WHOSE POST OFFICE ADDRESS IS 1245 HERCULES AVENUE, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS INDUSTRIAL, RESEARCH & TECHNOLOGY (IRT); 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 legal description attached hereto (ATA ANX 01-07-19) Zoning District Industrial, Research & Technology (i RT) 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. 6872-01. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Brian J. Aungst Mayor-Commissioner Approved as to form: Leslie K. Dougall-Si e Assistant City Attorney Attest: Cynthia E. Goudeau City Clerk Ordinance No. 6874-01 LEGAL DESCRIPTION FOR ATA ANX 01-07-19 Beginning at the Northwest corner of the Southeast'/4 of the Northeast 1/4 of Section 12, Township 29 South, Range 15 East, Pinellas County, Florida, then East along Range Road 50 feet, then South parallel to the centerline of Hercules Avenue, 165 feet to Point of Beginning, then East parallel to the centerline of Range Road 233 feet, then South 115 feet parallel to the centerline of Hercules Avenue, then West 233 feet parallel to the centerline of Range Road, then North 115 feet parallel to the centerline of Hercules Avenue to the Point of Beginning. `c is .:8 37 3ea St. 4 95-111 I v c 131 I i !I I I I e: 1069 0 0 0 f 1085 10e5 v N N„ N I Ceveicpmen t 079 1 1 Agreement , 1059 73/14 1 ?/1 di a 1 3/13 9633-1774 t 6 1 0 3 I 05 TRACT , -:-M 1QSS 1062 = 1057 1 100"0 CL loss i 1054 U f 1051 Z. n ' RANGE ROAD- : s z . R :. -. . o 1 y a t. : ..13/05 :. • ..: N N V N 1255._ ... . ,,.::.' ' •:= ' 13. 641 .?, iD a? 12x 5 ' I - 1051 4 t / C 3 ,?. a •1.3fG4.,, ?. • }M1 - 1310 : n at' Iwo R T .11111110 `i 5722-9sj9- ar. ?'irQ`•. all IRT W : - 1231 1 J 06 _.-. .. _. ? ?_ Z;= .:j:. _. is - .?•.:? ,i. 3/ 1 off. - / 13/07 1 : 1223 i a N I 3/C43 13/08 ??, v ? ?-_ •'' 1785 13/082 9i 1212 IR -'rr 13/G81 ?'; ?`: 1175 1169 .. 1163 N N N N N N GRAND AVENUES l::;.: •;: 5900-1242 WEAVER PARK DRIVE 13/1 i PROPOSED ANNEXATION I AND ZONING CLASSIFICATION OWNER: Sabadosh Enterprises, Inc. I CASE: ATA ANX 01-07-119 ` SITE: 1245 Hercules Avenue PROPERTY SIZE (ACRES): 0.62 ZONING LAND USE PIN: 12/29/15/000001130/0510 FROM: M-1/County Industlal Limited ?• Tt ..., IRT 1 .MEMMi`: ; . / Industrial Limited i ATLAS 2718 I PAGE: Ordinance No. 6874-01 7. CDB Meeting Date October 16, 2001 Case No. ATA ANX 01-07-19 Agenda Item: D.7. CITY OF CLEARWATER PLANNING DEPARTMENT STAFF REPORT GENERAL INFORMATION OWNER(S): Sabadosh Enterprises, Inc. APPLICANT: City of Clearwater (Pursuant to Agreement to Annex dated March 8,1984) LOCATION: 1245 Hercules Avenue, on the east side of Hercules Avenue, approximately 130 feet south of Range Road. REQUEST: To annex the property into the City of Clearwater in accordance with the provisions of an approved Agreement to Annex and approve the appropriate City land use plan category and zoning district. SITE INFORMATION PROPERTY SIZE: Dimensions of property: PROPERTY USE Current Use: Proposed Use: PLAN CATEGORY Current County Plan Category: Proposed City Plan Category: ZONING DISTRICT Current County Zoning District: Proposed City Zoning District: 23,300 square feet or 0.53 acres Lot width of 100 feet by 233 feet deep Existing light manufacturing (labels & printing) Existing light manufacturing (labels & printing) Industrial Limited Industrial Limited Light Manufacturing and Industrial District (M-I)/County. Industrial, Research & Technology (IRT). CDB ATA ANX 01-07-19 October 16, 2001 Page 2 BACKGROUND INFORMATION : On March 8, 1984, Chief Charley's Inc. who was the previous owner of this property entered into an Agreement to Annex (ATA) * the subject property with the City of Clearwater in order to receive City sewer service. At that time, the subject property was located outside the municipal boundaries of the City of Clearwater and did not, meet the adjacency requirements for a voluntary annexation. The terms and provisions of that agreement are binding upon the current owner(s), their successors, assigns, or any subsequent owner of this property. It was agreed that at such time as it would become possible for the City to annex the property, that the ATA would constitute an application to annex at that time. The subject property is now contiguous to the existing city boundary to the south. The City was also required to give the property owner 60 days written notice of its intent to annex this property. This requirement has been met and a notice letter was sent to the current property owner on July 5, 2001. The notice expired on September 4, 2001. The current owner of the property is Sabadosh Enterprises, Inc. ANALYSIS The City of Clearwater is initiating this annexation request in order to bring this property into its jurisdiction in compliance with the terms and conditions established in the ATA of March 8, 1984. The property is now contiguous with the existing City boundary to the south of the subject property. The annexation is consistent with Florida Statutes with regard to the requirements for voluntary annexation. The property will have a land use plan designation of Industrial Limited and it is proposed to be zoned Industrial, Research and Technology (IRT). The subject property is an existing light manufacturing (labels & printing) office. I. IMPACT ON CITY SERVICES Water and Sewer The City of Clearwater has been providing sewer service to the subject property since March 8, 1984. Capacity for the project continues to be available for both utilities. Therefore, this annexation will not have any effect on public facilities. In addition, the City's ability to serve the site had previously been documented through the annexation agreement. Moreover, the previous owner had paid the required sanitary sewer impact and assessment fees applicable at that time. t Tf?m , CDB ATA ANX 01-07-19 October 16, 2001 Page 3 Solid Waste Collection of solid waste will be provided by the City of Clearwater. The City has an interlocal agreement with Pinellas County to provide for the disposal of solid waste at the County's Resource Recovery Plant and capacity is available to serve the property. Police: The property is located within the East Police District and service will be administered through the District 3 Station located at 2851 McMullen Booth Road. There are currently 52 patrol officers and 6 patrol sergeants assigned to this district. Community policing service will be provided through the City's zone system and officers in the field. The Police Department has stated that they will be able to serve this property and the annexation will not adversely affect police service and response time. Fire and Emergency Medical Services Fire and emergency medical services will be provided to the property by Station #49 located at 520 Sky Harbor Drive south of Clearwater Mall. The Fire Department has stated that they will be able to serve this property and the annexation will not adversely::' . , affect fire and EMS service and response time. ' In summary, the proposed annexation will not have an adverse effect on public facilities and their level of service. II. CONSIS'T'ENCY WITH THE CITY'S COMPREHENSIVE PLAN The Pinellas County Comprehensive Plan and the Countywide Plan designate the site as Industrial Limited. It is the purpose of this plan category to depict those areas that are now developed, or appropriate to be developed, in a limited industrial manner, and to encourage the reservation and use of consolidated areas for industrial use in a manner and location consistent with surrounding uses, transportation facilities and natural resource characteristics. Primary uses appropriate for Industrial Limited areas include research/development, light manufacturing/assembly, wholesale/distribution, and storage/warehouse. Secondary uses include office, retail commercial, personallbusiness service, commerciallbusiness service, transient accommodations within permanent structures, institutional and transportation/utility. The existing light manufacturing (labels & printing) use is consistent and appropriate within the Industrial Limited plan category. The annexation does not propose to change the Industrial Limited plan category and the existing use is consistent with the uses and intensity of this plan category. Moreover, the •?e.1br.,.? CDB ATA ANX 01-07-19 October 16, 2001 Page 4 annexation promotes infill development as stated in Objective 2.4 of the Clearwater Future Land Use Plan: 2.4 Objective - In considering extension of service and facilities, Clearwater shall actively encourage infill development. In summary, the proposed annexation is consistent with the City's Comprehensive Plan both in the Future Land Use Map and the goals and policies of the Plan. III. CONSISTENCY OF DEVELOPMENT WITH COMMUNITY DEVELOMENT CODE AND CITY REGULATIONS The appropriate zoning district for the subject parcel is Industrial, Research and Technology (IRT) district. The dimensional requirements of the IRT district are consistent with the surrounding development at this site. It is the purpose of the IRT district to establish areas for economic development and to provide the citizens of the City of Clearwater with high quality jobs without adversely impacting the integrity of adjacent residential neighborhoods, diminishing the scenic quality of the City or negatively impacting the safe and efficient movement of people and things within the City of Clearwater. Manufacturing facilities are a permitted use in the IRT zoning district. Under the current IRT zoning district requirements, a minimum lot width of 200 feet and 20,000 square feet of lot area are required. The lot width for the subject property is 100 feet which meets the flexible standard development requirement and the lot size is 23,300 square feet which exceeds the minimum lot area required for the IRT zoning district. Therefore, the site meets the dimensional requirements of the IRT district as a flexible standard development. IV. CONSISTENCY WITH THE COUNTYWIDE PLAN There is no change requested in the Comprehensive Plan category of the site that will remain Industrial Limited with a maximum density/intensity that will not exceed a floor area ratio (FAR) of 0.65 or an impervious surface ratio (ISR) of 0.85. Transient Accommodations shall not exceed 40 units per acre. This annexation requires a review. by the Pinellas Planning Council (PPC) and the County pursuant to the Pinellas County Charter amendment approved by referendum on November 7, 2000. The PPC and County staff have reviewed this annexation and have no objections. V. CONSISTENCY WITH FLORIDA LAW Florida Statutes require that a proposed annexation be both contiguous with the existing ~° ' ' municipal boundaries and compact in its concentration (Florida Statutes Chapter 171). CDB ATA ANX 01-07-19 October 16, 2001 Page 5 This property is contiguous with the existing City boundary to the south of the property and represents a logical extension of the existing boundary. The compactness standard of Florida law requires that the annexation does not create an enclave or a serpentine pattern of municipal boundaries. The annexation of this property is consistent with this standard and no new enclave will be created by annexation of this property. In summary, the annexation of this property is consistent with Florida law. VI. CODE ENFORCEMENT ANALYSIS There is no adverse comment from the Community Response Team (CRT) concerning this property. V 11. COMPARISON OF COSTS RELATED TO JURISDICTION The total annual cost of ad valorem, utility, water and sewer, and sanitation fees is estimated to increase by $355.00 after this annexation. SUMMARY AND RECOMMENDATIONS The City of Clearwater is initiating this annexation request in order to bring this property into its jurisdiction in compliance with the terms and conditions established in the ATA agreement of March 8, 1984. The City has been providing sewer service to the subject property since March 8, 1984. Capacity continues to be available for these utilities. Therefore the proposed annexation of this property will not affect the provision of public facilities. The proposed annexation and the existing 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 existing and future use of this site as a manufacturing office is consistent with the IRT zoning district. Finally, the proposed annexation is consistent with Florida law regarding municipal annexation through its adjacency with existing City boundaries and is compact in concentration. Based on the above analysis, the Planning Department recommends the following actions on the request: 1. Recommend APPROVAL of the annexation of the property located at 1245 Hercules Avenue. 2. Recommend APPROVAL of the Industrial Lin>sted plan category pursuant to the City's Comprehensive Plan. CDB ATA ANX 01-07-19 October 16, 2001 Page 6 3. Recommend APPROVAL of the Industrial, Research and Technology (IRT) zoning district pursuant to the City's Community Development Code. Prepared by: am. oh Senior Planner Attachments Application Aerial Photograph of Site and Vicinity Location Map Land Use Map Surrounding Uses Map Zoning Atlas ORDINANCE NO. 6858-01 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, VACATING THE 10-FOOT DRAINAGE AND UTILITY EASEMENT LOCATED ALONG THE EAST PROPERTY LINES OF LOTS 6 THROUGH 11, INCLUSIVE OF BLOCK 1, PINE CREST SUBDIVISION; THE 10-FOOT DRAINAGE AND UTILITY EASEMENT LYING ALONG THE NORTH PROPERTY LINES OF LOTS 12 THROUGH 16, INCLUSIVE, BLOCK 1, OF PINE CREST SUBDIVISION; THE 10-FOOT DRAINAGE AND UTILITY EASEMENT LYING ALONG THE EAST PROPERTY LINES OF LOTS 6 THROUGH 11, BLOCK 6, PINE CREST SUBDIVISION; AND THE 10-FOOT DRAINAGE AND UTILITY EASEMENT LYING ALONG THE NORTH PROPERTY LINES OF LOTS 12 THROUGH 16, BLOCK 6 OF PINE CREST SUBDIVISION; PROVIDING AN EFFECTIVE DATE. /7 2nd Reading WHEREAS, The City of Clearwater, owner of real property located in the City of Clearwater, has requested that the City vacate the drainage and utility easements depicted in Exhibit A attached hereto; and WHEREAS, the City Commission finds that said easements are 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, FLORIDA: Section 1. The following: 10-foot drainage and utility easements, located along the east property lines of Lots 6 through 11, inclusive of Block 1, Pine Crest Subdivision; the 10- foot drainage and utility easement lying along the North property lines of Lots 12 through 16, inclusive, Block 1, Pine Crest Subdivision; the 10-foot drainage and utility easement lying along the East property lines of Lots 6 through 11, Block 6, of Pine Crest Subdivision; and the 10-foot drainage and utility easement lying along the North property lines of Lots 12 through 16, Block 6, Pine Crest Subdivision, all being recorded in Plat Book 1, Page 66 of the Public Records of Pinellas County, Florida is hereby vacated, and the City of Clearwater releases all of its rights in the servitude as described above to the owner of the servient estate thereto. Section 2. The City Clerk shall record this ordinance in the public records of Pinellas County, Florida, following adoption. ., Section 3. This ordinance shall take effect immediately upon adoption. 1 Ordinance No. 6858-01 PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Approved as to form: ne C. Hayman 'Assistant City Attorney October 4, 2001 Brian J. Aungst Mayor-Commissioner Attest: 1-97 9 Il.11M a.... vv.....vw.. City Clerk 9 i i I. x r t yp/ 2 Ordinance No. 6858-01 EXHIBIT "A" No t to Scale This is not o survey ? 11 10 z3,ro0 3 METTO STREET 02 6 5 1 23/09 8 10 11 12 0 -I PALMETTO 1 2 3 4 5 ,u1 6 1 NICHOLSON ST. 7 Q Z Z w a- 2 3 4 5 6 6 7A 5 4 ? 2 1 8 00 9 var- > 10 12 13 9352 14 2" 15 16 11 'Q VACATED RES. 12-6-22 6 0 7 5 4 3 $ 2 1 9 mm 9152 m 2" 10 00 12 13 14 15 16 00 11 SEMINOLE 6 7 8 9 10 11 5 4 3 Va 712 10' -!0 Way 7 2 1 1 13 14 15 16 STREET 00 W z ' ¢ Vacation Requested By scant O 0 1 ?T Z w w STREET 4 1 1 CITY OF CLEARWATER, FLORIDA PUBLIC WORKS ADMINISTRATION ENGINEERING cftmm °' VACATION REQUEST .mco n CITY OF CLEARWATER 04W nw 900 GREENWOOD AVE. z of a M! srua-ws 08/01 PINE CREST SUB lo-t95-15C 27M PLAT BOOK 1 PAGE 68 ae? NORTH Scale 1" = 1320' Location Map City of Gear w2 ter 90O North Grem w ood A veDue T t QAJ L (v? OSAGE c?XG =$F- Ir PROJECT SITE LA sAU.e U?eep ° ST P OWFT ST PN.M A§ .AJL04 ST I ST o METTI) Q 1 1 n A P/ o-cap _ ??? caoELCOWCE a cST RODGE N IDSC?1Q 5 o = LEE ST ¢ ST GE 0 ST RD N o 1 4 DREW SJL 590 SANDY LA n PL?_J O SSTT SPRINGDALE ST YM f? RD a GROW ST ??J ??? ? si fl?lu = ri - I---- -- :?:] 0 El I ? c? c? ono =6? ? cn<n?? SR 60 CLEVELAND ST -?--' P APA ST PAW n ?? n o o o a ST PIERCE ST ITD -C FRANKLIN E?.A?] ff v,lrl sT ?' a n ' L71 ninF?ST COURT 5? a 1 ll n F-1 -rl?l CITY OF CLEARWATER, FLORIDA PUBUC WORKS ADMINISTRATION ENGINEERING NAM K VACATION REQUEST vAo- CITY OF CLEARWA fER pem= wr rLm 900 GREENWOOD AVE. 05/01 PINE CREST SUB 10-29S- PLAT BOOK I PAGE 66 ORDINANCE NO. 6859-01 /d 2nd Reading AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, VACATING THE 20-FOOT BY APPROXIMATELY 172-FOOT UTILITY EASEMENT LOCATED APPROXIMATELY 200 FEET SOUTH OF THE NORTHERLY RIGHT-OF-WAY LINE OF RUTH ECKERD HALL DRIVE; PROVIDING AN EFFECTIVE DATE. WHEREAS, City of Clearwater, owner of real property located in the City of Clearwater, has requested that the City vacate the utility easement depicted in Exhibit A attached hereto; and WHEREAS, the City Commission finds that said easement 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, FLORIDA: Section 1. The following: See legal description attached hereto 1 is hereby vacated, and the City of Clearwater releases all of its rights in the servitude as described above to the owner of the servient estate thereto. ' Section 2.. The City Clerk shall record this ordinance in the public records of Pinellas County, Florida, following adoption. Section 3. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING PASSED ON SECOND AND FINAL. READING AND ADOPTED Approved as to form: J ne C. Hayman Assistant City Attorney October 4, 2001 Brian J. Aungst Mayor-Commissioner Attest: Cynthia E. Goudeau City Clerk Ordinance No. 6859-01 A LEGAL DESCRIPTION CONTAINED IN O.R. BOOK 5680, PAGE 329; PUBLIC RECORDS OF PINEI.LAS COUNTY: A 20 foot utility easement lying 10 feet on either side of the following described line: rom fhe center ear of S ctien -9; Township 29?South-; Flange r East, 00'07y ?"-E, and ?1a ng the North-South centerline of said Section 9, a distance of 94.50 feet; thence N 89°21'08" W, and parallel with the East-West centerline of said Section, a distance of 268.80 feet; thence N 00°07'43" E. and parallel with the North-South centerline of said Section, a distance of 377.60 feet; thence S 89°21'08" E, and parallel with the East-West centerline of said Section, a distance of 285.59 feet, for a P.O.B.; thence S 33°17'43" E, a distance of 95.07 feet; thence S 22°43'25" E, a distance of 25.24 feet; thence S 16°37'07" W, a distance of 37.57 feet; thence S 44°32'40" W, a distance of 13.73 feet to a point on the face of a wall of the existing building, stud point being the point of ending. ? Y EXHIBIT "A„ This is rl o t a survey • P.O.B. S 89021' Os" t I 285.89' ' S 33°17'43" E NO- 95.07' S 22°43'25" E D 25.24 • ?? S 16037'07"W • Approximate 37.57' t Location Exist. W Buiid.ing S 44°32'40~W 13.73 . w- c P.O.E. o ti ' Q P. A. C. T. S Vi. e O ' N 89021'OEI W , 268.80' K> ?.. Q _ Q Center Sec. 9-29-16 4 5 CITY OF CLEARWATER, FLORIDA PUBLIC WORKS ADMINISTRATION ENGINEERING D". ?+c VACATION REQUEST vAC2001_19 ccaw n PACT. INC. o.a w nN 1111 MCMULLEN BOOTH ROAD 2 or 6 DESOWD .. SOW 08/01 9-29S--16C Z74A 6859-oi ORDINANCE NO. 6905-01 Second Reading AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING SECTION 4.23, CODE OF ORDINANCES, REGARDING RESTRICTIONS AND TAKEOFFS ON LANDINGS; ALLOWING FOR EARLIER TAKEOFF FOR TRAFFIC REPORTING AIRCRAFT; PROVIDING AN EFFECTIVE DATE. WHEREAS, the Clearwater Code of Ordinances restricts aircraft takeoffs at Clearwater Airpark before 7 a.m. WHEREAS, this amendment will allow Traffic Reporting Aircraft to take off at 6 a.m. at the Clearwater Airpark with the permission of the Airport Manager, now, therefore, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: Section 1. Section 4.23, Code of Ordinances, is amended to read as follows: Sec. 4.23 Restrictions on takeoffs and landings. (1) Purpose. The purpose of this section is to minimize unwanted noise and sleep interruption in residential areas adjacent to Clearwater Airpark, generated by takeoff and landing operations at Clearwater Airpark after dark, and to provide an additional element of safety in the continued use of the airpark facility. (2) Curfew. No aircraft shall be permitted to take off at Clearwater Airpark during the time between one hour after official sunset and 7:00 a. m. the following day and no aircraft shall be permitted to land at Clearwater Airpark during the time between 9:00 p.m. and 7:00 a.m. the following day. Traffic reporting aircraft only may take off at 6:00 a.m. with the permission of the Airport manager. Section 3. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Approved as to form: n Carassas Assistant City Attorney October 4, 2001 Brian J. Aungst Mayor-Commissioner Attest: Cynthia E. Goudeau City Clerk Ordinance No. 6905-01 ITEM ff 20 ¦ Clearwater City Commission Agenda Cover Memorandum Worksession Item #: S bs Final Agenda Item # I.O Meeting Date: la_ 16 • a SUBJECT/RECOMMENDATION: Approve the transfer of Gas System funds in the amount of $1,035,000 between capital improvement projects of the Gas Fund, Q and that the appropriate officials be authorized to execute same. SUMMARY: • Materials are purchased through vendors and charged to the respective inventory codes. When projects require the necessary materials they are withdrawn from inventory, at which time inventory is reduced and projects are charged for the material withdrawn. • Funds are recommended to be transferred from capital project 315-96374, Line Relocation to project 315-96377, Pinellas New Mains and Service Lines, in the amount of $1,000,000. The transfer of funds will not have an impact on project 315-96374 planned relocation projects. Funding was originally established for relocation based on other agency estimated requirements for relocation projects. Based upon the updated relocation projects the requested funds are available to be transferred from project 315-96374, Line Relocation to project 315-96377 without any funding impact on the planned relocation projects. Project number 315-96377, New Mains and Service Lines has a requirement for this funding 'the purpose of installing new mains and service lines in new subdivisions and for in fill service lines new customers. • Funds are recommended to be transferred from project 315-96374, Line Relocation to project 315- 963XX, Gas Meter Change-Out, in the amount of $35,000. The change out of meters required occurred sooner than anticipated due to larger gas loads purchased by customers requiring smaller meters to be changed out for larger meters for the increased gas flow. Reviewed by: Originating Dept: Gas System Costs Legal NA Info Srvc NA Bob Bublitz 562-4900 x7422 ;. )I 'Total 0 Budget Public Works NA User Dept. Funding Source: Purchasing DCM/ACM Clearwater Gas System;: t-% Current FY 0 CI Risk Mgmt NA Other Attachments OP Other >ed by: Gr XD None Appropriation Code: Transfers Only w/i Gas Fund Print ad on reevel®d moor Rev. 2/98 era I Clearwater City Commission Worksession Item #: ' .? Agenda Cover Memorandum Final Agenda Item # ?? Meeting Date: /O//? o?- SUBJECT/RECOMMENDATION: Re-appoint William Schwob to the Board of Trustees, Clearwater Police Supplementary Pension Fund, 0 and that the appropriate officials be authorized to execute same. SUMMARY: • In keeping with the provisions of Florida Statute 185.05, which states in part..."the board of trustees shall consist of five members, two of whom, unless otherwise prohibited by law, shall be legal residents of the municipality, who shall be appointed by the legislative body of the municipality..." • On December 9, 1999, William Schwob (2574 Sweetgum Way West, Clearwater) was appointed by the City Commission to serve on the Board of Trustees of the Police Supplementary Pension for a period of two years (11/01/99-11/01/01). • The Board of Trustees of the Clearwater Police Supplementary Pension Fund recommends that William Schwob be re-appointed to serve a two (2) year term as trustee. Mr. Schwob has stated that he will accept re-appointment. Reviewed by: t: OriginaV POLIC Costs Legal N/A Info Srvc N/A Preparerol Mars hall y: Total -0- Budget N/A Public Works N A User Dep . , Funding Source: Purchasing N/A DCM/ACM ? POLL (?~ Current FY -0- el Mgmt N/A Other Attachments OP Other Submitted by: X None City Manager Appropriation Code: . Clearwater City Commission Agenda Cover Memorandum Worksession Item * P R 1 Final Agenda Item # Meeting Date: 10 ) /01 SUBJECT/RECOMMENDATION: Award a contract to construct the new Recreation and Aquatics Center at Ray Green Field (bid #99-0040-PR) to GLE Construction Services, Inc. of Tampa, Florida for $2,990,065 which includes base bid and alternates A, Cr D, E, and G, 91 and that the appropriate officials be authorized to execute same. SUMMARY: • Included in the 2000/01 Capital Improvement Budget is a project for $4,000,000 for the construction of a new recreation and aquatics center in the North Greenwood Community. In addition the city was awarded and accepted a (FRDAP) grant for $200,000 for the aquatics center. • In order to promote savings for this project two bids were solicited for the work at the complex, one was for the construction of the pools and the other for site work, construction of the center and parking lot. • The new recreation facility with a regional design will be over 28,000 square feet under roof to include a citywide teen area, double full size gymnasium, meeting room, and state of the art fitness room. • This contract includes the construction of the 28,000 square foot center, associated parking, pit for filter and pump room and associated site improvements. • The total base bid is $2,908,880. Recommended alternates totaling $81,185 yielding a net contract mount of $2,990,065 include header curbs in grass parking lot, gymnasium divider curtain for gymnasium, acoustical wall & ceiling panels in gym, porcelain the in restrooms, and irrigation. • This contract also includes a provision for the city to purchase selected construction materials for the project, providing additional savings by not having to pay sales tax of between $50,000 and $70,000. These funds will be used to complete the landscaping for the project. • Construction time is 365 days, providing an anticipated completion date in October 2002. • Funding for this contract is available in 315-93239, North Greenwood Recreation Center. • Total operating expenses of $375,000, including (7.1 FTE's) will be needed to operate the center and aquatics facility. These expenses will be partially offset by increased fees, grants and the misc. revenue components of the center totaling $251,050 leaving a net budget impact of $123,950 in FY 2002/03. One of these positions is budgeted in FY 2001/02 for a cost of $37,000. Reviewed by: Originating Dept: Costs Legal Info Srvc N/A Parks & Recreation Total 2,990,065 Department Budget Public Works Kevin Dunbar, Director Funding Source: Purchasing DCM/ACM User Dept. Current N/A CIP xx FY Risk Mgmt • N/A Other Parks & Recreation OP Department Attachments: Other Submitted by: City Manager C7 None Appropriation Code: 315-93239 O?in1-d nn ?w 0401-04 r.sr.-? 0-1. 9100 ?- 2 Clearwater City Worksession Item #: a Commission Final Agenda Item # Agenda Cover Meeting Date: I o s o Memorandum SUBJECT/RECOMMENDATION: Award a contract to construct pools associated with the new Recreation and Aquatics Center at Ray Green Field (bid #99-0040a-PR) to Pool, People Commercial, Inc., of Pompano Beach, Florida for $626,792, I] and that the appropriate officials be authorized to execute same. SUMMARY: • Included in the 2000/01 Capital Improvement Budget is a project for $4,000,000 for the construction of a new recreation and aquatics center in the North Greenwood Community. In addition the city was awarded and accepted a Florida Recreation Development Assistance Program (FRDAP) grant for $200,000 for the aquatics center. • In order to promote savings for this project two bids were solicited for the work at the complex, one was for the construction of the pools and the other for site work, construction of the center and parking lot. 9 The aquatics facility will include five traditional swim lanes, deep diving well, floating bridge, water playground, zero depth entry pool, training pool, 30 foot high feature slide, shade shelters/umbrellas, picnic area and other miscellaneous water park amenities. • -This contract includes the construction of a lap/diving pool, a training /activity pool, a plunge )ool, associated equipment, plumbing, electrical work and Installation of pool amenities that will be provided by the City. The contractor for the recreation center will construct the pit for filter and the pump room. e The. total bid of $626,792 includes a 4% contingency. 0 Construction time is 365 days, providing an anticipated completion date in October 2002, • Funding for this contract is available in 315-93239, North Greenwood Recreation Center. • Total operating expenses of $375,000, including (7.1 FTE's) will be needed to operate the center and aquatics facility. These expenses will be partially offset by increased fees, grants and the misc. revenue components of the center totaling $251,050 leaving a net budget impact of $123,950 in FY 2002/03. One of these positions is budgeted in FY 2001/02 for a cost of $37,000. Reviewed by: Legal Budget Purchasing F?--k Mgmt N/A Info Srvc N/A Public Works --Prlk DCM/ACM Other Submitted by: City Manager A40VV? Printed on recycled paper Originating Dept: Costs Parks & Recreation Total 626,792 Department Kevin Dunbar, Director nt N/A User Dept. rFY Parks & Recreation Department Attacni-ents: ? None Funding Source: CIP xx OP Other on Code: 315-93239 Rev. 2/98 pig - c v Clearwater City C'u1111111ssioll Arenda Cover tMemoralldL1111 Work session Item #: Final Agenda Item # AV Meeting Date: 10/18/01 .BJECT/RECOMMENDATION: Award a contract for the Reservoirs 1, 2, and 3 Nlonochloramine Disinfection Project (01-0025-U7) to Cole Enbineering && Constructors Corporation of Clearwater, Florida in the amount of S1,379,664.00, which is the lowest responsible bid received in accordance with plans and specifications, 9 and that the appropriate officials be authorized to execute same. SUMMARY: • This Agenda Item provides for construction of monochloramine (chlorine with ammonia added) disinfection facilities at Reservoirs 1, 2, and 3 to replace the existing gaseous chlorine disinfection operations. This will provide a safer envii-onment for the public (liquid vs. gaseous chlorine), will be compatible with regional disinfection methods and enable the City to maintain compliance with new drinking water regulations. ¦ The conversion to monochloramine disinfection is necessary since the City receives disinfected water from Pinellas County at several potable water distribution systeru interconnections and at Reservoirs 2 and 3. The County is converting their chlorine disinfection facilities to monochloramine disinfection facilities and will be providing chloraminated water to the City in May 2002 . To provide potable water disinfection systems that are compatible with the chloraminated water provided by the County, the City will convert from chlorine disinfection to monochloramine disinfection. In addition, the conversion to monochloramine disinfection will eliminate the use of gaseous chlorine at the City's water treatment facilities. Instead, liquids (sodium hypochlorite and aqua ammonia) will be utilized for disinfection operations. • The conversion to monochloramine disinfection will occur by May 2002. A public information initiative will start soon to advise City water customers of the change, why the change is occurring and what to expect. • The contract costs for the conversion are $420,000.00 at Reservoir 1 and $959,664.00 at Reservoirs 2 and 3. ¦ . . The conversion from chlorine disinfection to monochloramine disinfection operations at Reservoir No. 1 and at Reservoirs 2 and ') was planned for in the 2001 utility rate study update in projects 343-96748 Water 'rreatnient Facility and 343-96751 Jisinfection Systems, respectively. ¦ Sufficient budget of interim financing/Water & Sewer revenue bond proceeds is available in 343-9674,9 for Reservoir 1 and in 343-96751 for Reservoirs 2 and 3. ¦ Resolution 01-07 was approved March 1, 2001, (Item #31) allowing reimbursement of these costs by the interim financing/bond proceeds. ¦ Work will continence upon award and execution of die. contract and will be completed -within 180 days. Copies of the contract documents are available in the City Clerk's office for review. _ Reviewed by: Legal Budget Purchasing Risk Mgmt N/A shitted by: Ci3y Manager Printod nn n-irvCierl naner Originating Dept: ,/yJ-] Info Srvc N/A Public Works Admin/Bahnick Public Works- J/VV`() User Dept. T- DCM/AGPrI Public Utilities/Water/Soltau Other N/A Attachments Location Hap Public Water Suonly Wells Imnrovements Costs 51,379,664.00 Total Funding Source: Current FY CI X OP Other Appropriation Code: 343-96751-563800-533-000 ($959,664.00) 343-96748-563800-533-000 ($420,000.001 RPV_ 1/QR i o o 1 0 C? o 2 O Z o o I o 0 0 1 o C) CD °o 0 I o o f II 0 0 U U LL O : 5; M ,'- L 1'tj* 1 0 LO ° v (C) J - Q I I r ?Z L) W ?o 0 0 0 N 2 _? O W U o 0 0 0 co Q U U O ca:)_ 0 0 0 ^ W I- cl)i ? m LO W m Z v L®r) .- ? I CO ? n F- U 0 0 0 0 0 0 0 0 0 0 O Z O Z COD O m O N t- O V = t? r O N O O O CC! M 0 LL. = O J ? M [Y' tM r z (Y Z O EF? fA Efl cfl ff3 0 = O U W C) C) o 0 U 2 w g o 0 0 U O Q U . °o co O o0 Lij 0 U n. IL r" C 0 0 LL w h. M I- m to Z M V- t17 ?- M j o d - w z 0 0 0 0 0 Q 05 CV z o Q o a w m o o co LLLL Co J 0 ? ° Lo ? ti O Co Z z 11- M o ?- ch Cy W w Q ?- M w0 z 0 W CO Z W W ? cL - - w o C> 0 a) 0 C)l 0 0 F- ? / ) ? w y w _J z -j U 6 °o o 0 v M o °o U U O _ o a o O U U !^ M o - Lo ' U-) - z Z Q " t T Q cy ? EtT to r (n (n W O Z Z Cn J C6 i Cn J U5 I- -0 W M J a) U (n C z CY _ atf M cu z CO uj ? C cTJ cn ° E - O z °; a >? m d ?' N c7 c E r- U z z z W ~ Q. y w ? o ? o ?= o (D ( _U a. L n V) C to o > D E C ro 0 o o n Qi ? N N cn U U N co != I w? 04 C7 cr m Ui UI z, CL o? ^ a y?o ? J' N.T.S. . Q a .•llecuco Cp> bs rn vi ?. R S84 OLDSMAR 5Z . S.R. 580 j DUNEDIN WATER ° U R E S #3 OIR z ? SAFETY HARBOR na UNION ST. Eli l,? U (mot NSET DINT RD. MAIN ST_ -1 4 DREW WATER WATER RESERVOIR Z RESERVOIR R #2 Q gay, d o ??., BSLLRAIII y LARGO O RESERVOIRS 1, 2 AND 3 MONOCHLORAMINE DISINFECTION PROJECT 349 ?aJ.? 0 TEA. 4 w Clearwater City Commission Agenda Cover Memorandum Work session Item Final Agenda Item # Meeting Date: 10/18101 SUBJECT/RECOMMENDATION: Award a contract for the Reservoirs 1, 2, and 3 Disinfection Project (01-002-UT) to in the amount of which is the lowest responsible bid received in accordance with plans and specifications, C7 and that the appropriate officials be authorized to execute same. SUMMARY: Costs Total ¦ This Agenda Item provides for construction of monochloramine (chlorine with ammonia added) disinfection facilities at Reservoirs 1, 2, and 3 to replace the existing gaseous chlorine disinfection operations. This will provide a safer environment for the public (liquid vs. gaseous chlorine), will be compatible with regional disinfection methods and enable the City to maintain compliance with new drinking water regulations. ¦ The conversion to monochloramine disinfection is necessary since the City receives disinfected water from Pinellas County at several potable water distribution system interconnections and at Reservoirs 2 and 3. The County is converting their chlorine disinfection facilities to monochloramine disinfection facilities and will be providing chloratninated water to the City in May 2001. To provide potable water disinfection systems that are compatible with the chloraminated water provided by the County, the City will convert from chlorine disinfection to monochloramine disinfection. In addition, the conversion to monochloramine disinfection will eliminate the use of gaseous chlorine at the City's water treatment facilities. Instead, liquids (sodium hypochlorite and aqua airunonia) will be utilized for disinfection operations. ¦ The conversion to monochloramine disinfection will occur by May 2001. A public information initiative will start soon to advise City water customers of the change, why the change is occurring and what to expect. ¦ The contract costs for the conversion are $ at Reservoir 1 and at Reservoirs 2 and 3. ¦ , conversion from chlorine disinfection to monochloramine disinfection operations at Reservoir No. 1 and at Reservoirs 2 and 3 AS planned for in the 2001 utility rate study update in projects 343-96748 Water Treatment Facility and 343-96751 Disinfection Systems, respectively. ¦ Sufficient budget of interim financing/Water & Sewer revenue bond proceeds is available in 343-96748 for Reservoir 1 and in 343-96751 for Reservoirs 2 and 3. ¦ Resolution 01-07 was approved March 1, 2001, (Item #31) allowing reimbursement of these costs by the interim financingibond proceeds. ¦ Work will continence upon award and execution of the contract and will be completed within 180 days. e Copies of the contract documents are available in the Ci Clerk's office for review. a 6 Reviewed bv: Legal Budget Purchasing Originating Dept: Info Srvc N/A Public Works Admin/Bahnick Public Works User Dept. DCM/ACM Public Utilities/Water/Soltau P .; Mgmt N/A Other Submitted by: City Manager N/A Attachments Z None Monochloramine Funding Source: Current FY Cl X OP Other Appropriation Code: 315-96750-563800-533-000 343-96748-563800-533-000 Printed on recycled paper Public Water Supply Wells Improvements Rov. 2/98 EALM+ f? Clearwater City Commission Agenda Cover Memorandum Work session Item #: Final Agenda Item # Meeting Date: 10/18/01 St,BJECURECOMMENDATION: Ratify and Confirm the approval of Change Order No. I to Contract No. 00-0029-UT, 2000 Reclaimed Utility Improvements, with A & L Underground, inc. in the amount of $803,000.00, 0 and that the appropriate officials be authorized to execute same. SUMMARY: ¦ A & L Underground :s currently installing utility pipelines across Clearwater Harbor to replace existing facilities that will be displaced for the new Memorial Causeway Bridge and to replace aged water transmission mains. This change order provides for this Contractor to perform additional directional drill pipeline installation at a location near the intersection of Drew Street and U.S. 19. The proposed pipeline is a part of the Drew-Union Street Reclaimed Water Main project that is currently in the design phase. ¦ By approving this change order, several things are accomplished. One, the FDOT is planning for construction of the new interchange at Drew/U.S. 19 to begin in the next few months. Once the FDOT construction is awarded, the area will be under construction for two to three years, making it difficult and more expensive to construct the proposed pipeline in the area of interchange construction. By installing this pipeline now, we avoid more costly construction and/or possibly two to three years delay. Second, A & L Underground is under direction to remove all equipment from Coachman Park during several events in the October -November time frame. This could result in extensive costs for mobilization/demobilization and downtime. By moving a significant part of the construction equipment and personnel to the Drew-U.S. 19 crossing for this work, significant cost is avoided. Third, A & L Underground is highly experienced to perform this difficult construction work. This approach allows the City to utilize an experienced construction team on the critical crossing of U.S. 19. ¦ The Change Order amount is based on a not-to-exceed unit price of $365.00 per linear feet of pipeline installed. Actual costs may be reduced based on subsurface conditions and final layout of pipeline in the field. ¦ The work had to commence by October 14, 2001, to allow the Contractor to relocate construction from Coachman Park to the Drew/U.S. 19 area during the events at Coachman Park. • This work is part of the Drew-Union Street Reclaimed Water system that was included in the Capital Improvements Plan under project No. 343-96739 and was included in the FY2001 utility rate study update. Sufficient budget of interim financingM/ater & Sewer revenue bond proceeds is available in the Reclaimed Water System project 343-96739. ¦ Resolution 01-07 was approved March 1, 2001, (Item #31) allowing reimbursement of these costs by the interim financing/bond proceeds. Reviewed by: Legal Info Srvc Budget Public Works Purchasing DCM/ACM Risk Mg mt N/A Other 6-d-6tnitted by: City Manager Printed on renvcled naner Costs $803,000.00 Total Funding Source: Current FY X Cl OP Other Appropriation Code: 343-96739-563800-533-000 2000 Reclaimed Water System Improvement X Rev. 2/98 Originating Dept: N/A Public Works Admin/Johnson User Dept. Public Utilities/Water/Neff N/A I Attachments 9 None C7 N CL CL N 0 0 o` m v E 5 m S io ¢ w a a c? W VJ CAMPBELL 4q ?G?;r Cosy Jones WE W W J - I t' M U7 co ?v,N. t m ¢ r r > D r N D ' N xl ¢ a Q a C '?v t 0 o ? ?D o ? Gr (n J W J ? S O VARSITY DR PRO E C T c? 0 0 w W ¢ V1 W Z Y z LOCATION ? J J Y Z1' O D = W O ? O KEY RD ANNA AVE W 'z LORENA LA z ELLA PL O? a DORA > Q W Q lJ Q W W < O ., d ¢ a_ z Mi < a m A E ASI WO OD D R u N TERRACE TERRACE DR w ¢ N ? tY ? K [Y D: 1 r a ? J CL O z J ¢ } ? ¢ rn . > 0 C7 z X ° ;,.. Q O Q O U O J 0 U J a: CJ o U N w ST KUMQUAT OR w z O ? Q??J V J -JSHAODOCK OR P z W z AVOCADO DR z W ' O W O ° A of lu W GRAPE I W EDENW000 CANDLEWOOD STQ DOVEWOOD ST 3: 1 S U w PPLEWOODw 4 as -? L-J PARK TRAIL > fAtRWp O Imo`// O ?R FAP X006 Ql N ri BRIGADOON NASH ST > > +???yS?crCITY OF CLEARWATER, FLORIDA PUBLIC WORKS ADMINISTRATION ENGINEERING NORTH ?? = no C.WPLED BY e VICINITY r - - D slac - 10/0OArE 3/01 SCALE, 1• • 9000' itgA?/?j[! `OQ??? ?,? or OF o.c. ha. IAIR_ e1 DREW & US19 M .....L?? N/A 10f I DATE: October 18, 2001 CHANGE ORDER. #1 F* -IJECT: f, ,Reclaimed Water System Improvements Contract No. 1, Piping System Improvements CONTRACTOR: A & L Underground, Inc. 14700 W. 1071hStreet Lenexa, Kansas 66215 PROJECT NUMBER: 00-0029-UT PO REFERENCE NO.: DATE OF CONTRACT: Tuly 1, 2001 CODE: 315-96739-561300-533-000 SCOPE OF CHANGE: THIS CHANGE ORDER ACCEPTS REVISIONS TO THE CONTRACT SEE ATTACHED SHEET FOR EXHIBIT AND DESCRIPTION OF NEW WORK. STATEMENT OF CONTRACT AMOUNT ACCEPTED BY: ORIGINAL CONTRACT AMOUNT $3,705,253.00 CHANGE ORDER #1 $803,000.00 NEW CONTRACT AMOUNT $4,508,253.00 Brian J. Aungst, Mayor-Commissioner Jane C. Hayman Asst. City Attorney ATTEST: Cynthia E. Goudeau, City Clerk Date: CITY OF CLEARWATER, in PINELLAS COUNTY, FLORIDA William B. Horne, II City Manager Company Name: A kL UNDERG OjJND, INC. u B : Y (SEAL) Carlton Laing, Jr., ivi 'en anage Date: l o - 4;_0 ? Witnesses: - o Recommended by Engineering Consultant McKi & Creed, P.A. Mitchel Chiavaroli, P.E., Project Manager Page 2 Change Order #1 I Reclaimed Water System Improvements, Contract No. 1, Piping System Improvements . - ,jlect No. 00-0029-UT EXHIBIT ITEM (NEW WORK) The City of Clearwater has directed the Contractor to purchase and install 2,200 linear feet of 24-inch reclaimed water transmission main via the horizontal directional drill method. The 24-inch reclaimed water pipe route runs east to west from. Fair-wood Avenue, crosses under US 19, and continues to approximately 1,000 feet east of Old Coachmen Road. The pipe is to be installed through an existing City of Clearwater right-of-way and drainage easement. The Contractor, A & L Underground, Inc., has agreed to complete this work at $365.00 per linear foot. Compensation will be based on the actual linear feet of 24-inch pipeline installed, tested and accepted by the City. The Contract Time remains unchanged. . t f ?l G' ?ScAI?? Clearwater City Commission 3 o y Final Agenda Item # Agenda Cover Memorandum Meeting Date; lo/18/o1 S?..jJECT/RECOMMENDATION: Approval of the modifications to the 1997 --1999 three year Local Housing Assistance Plan pertaining to rental rehabilitation, and modifying the 2000 -2002 Plan to adjust and add new strategies as well as increasing the maximum purchase price for new and existing homes purchased under the program. ? and that the appropriate officials be authorized to execute same. SUMMARY: In working with the past two Local Housing Assistance Plans for the administration for the State Housing Initiatives Program (SHIP) grant, several adjustments are proposed to help funds be expended more rapidly by broadening programmatic options as well as updating the plan to be more in keeping with changes in the market since the plans were written. In the three year Local Housing Assistance Plan prepared 1997, the following amendment is recommended: Modification of the rental initiatives to require that rental projects undertaken under the SHIP program be 12 units or more on a single site, and that the strategy include rehabilitation. Currently, the plan only addresses new construction. In the three-year Local Housing Assistance Plan prepared in 2000 governing the next three successive years, the following changes are proposed: I . That the projected budgets be amended as follows: The demolition reconstruction strategy is limited to $80,000, or one unit per year. This program assists very low -income borrowers who live in severely sub-standard housing. 2. The down payment and closing cost assistance, acquisition rehabilitation and the owner occupied rehabilitation strategies be increased for participants with incomes between 80- 120 percent of median income. 3. The maximum purchase price under the SHIP program requires that participants in the program may not purchase either new or existing housing using SHIP funds that exceed the maximum purchase price guideline. The guideline was established since the inception of the program in 1991 and has not been adjusted since. Staff proposes that the maximum purchase price for a new home be increased from $88,679 to $143,585 and the maximum purchase price for existing housing be increased from $83,491 to $108,216. Both limits Reviewed by: Legal ?nfo Tech NA Budget ANA Public Works NA Purchasin NA DCM/ACM Risk Mgmt NA Other NA Originating Dept: Planning Nina Bandoni User Dept. Planning Attachments ? None Costs Funding Source: Captial Improvement SHIP Total Submitted by: Citv Manager Printed on recvcled naner Rau 2/98 Operating Other Appropriation Code: R? were calculated by taking ninety percent of the average purchase prices of new and existing housing in our area. The Florida New Business Report obtained the data used in determining maximum purchase price and is accepted by the State of Florida for this purpose. The report determines the average median purchase price for the documentary stamps paid on deeds during a twelve-month period. The latest period was October 1998 to September 1999. This change more accurately reflects our current market conditions. 4. Pinellas County has issued bonds for the financing of low and moderate income housing in the county. The bond program is popular with low-income homebuyers because it provides a lower interest rate and for home buyers to make use of down payment and closing cost assistance through the jurisdiction in which the property is purchased. The City has been asked to participate, along with the other direct recipients of SHIP. The County has asked for up to $150,000 per year provided in two installments of up to $75,000 each. Staff is proposing providing two installments of $35,000 for a total of $70,000 to start with. If there is a stronger demand for the program in Clearwater, and the SHIP budget allows, more can be provided up to the total of $150,000. The funds will be provided to the county at 0% interest and will be combined with the funding from the County, and other participating jurisdictions. The funds help create a lower "blended rate". Funds are repaid to the city as the borrowers pay down their mortgages. ,, 2 1 Clearwater City Commission Final Agenda Item # 9°y?tt?ati`°? Agenda Cover Memorandum Meeting Date: o Ig 1 Sur3JECVRECOMMENDATION: Request authorization to accept settlement from Lockheed Martin, IMS Pinellas Works in the amount of $95,000. ? and that the appropriate officials be authorized to execute same. SUMMARY: • On August 2, 2001, the City Commission granted authorization for a lawsuit to be filed against Lockheed Martin, IMS Pinellas Works. Lockheed Martin, IMS Pinellas Works entered into an agreement with the City of Clearwater, dated February 1, 2000, to administer the 2000 Weed and Seed Program and the 2000 Clearwater Summer Youth Employment Program through the Clearwater Police Department and the Human Resources Department. • The City did not receive the reports required under the Agreement with Lockheed. The reports were necessary to validate that the programs occurred as contracted with the City's subrecipients and to account for the City's expenditure of $112,500 in public funds paid to Lockheed Martin, IMS Pinellas Works for the programs. Of the $112,500, $62,500 was grant funds from the Department of Justice - Weed and Seed Program and the remaining $50,000 was general fund monies. • Before a civil complaint was filed, the City Attorney's Office entertained settlement negotiations with Lockheed Martin resulting in the pending $95,000 settlement of this dispute. • The Department of Justice has stated that, upon audit which to date has not been forthcoming, the federal funds must be returned to the Department of Justice. • Acceptance of this settlement amount will avoid exposure to a potential loss of the funds plus the costs of litigation. Reviewed by: Originating Dept: Costs Legal Info Tech NA Legal Total Budget ?. NA Public Works NA User Dept. Funding Source: Purchasing NA DCM/ACM Captial Improvement Current Fiscal Year Risk Mgrnt NA Other NA -- Attachments operating Other -?' Appropriation Code: Submitted by: D None City Mana er C Printed an remcied caner RAv_ 219R ?1 't y?rE cam' Clearwater City Commission Agenda Cover Memorandum Meeting Date: SE)s 2-- ioil's GI SUBJECT/RECOMMENDATION: Approve a Joint Project Agreement with the State of Florida's Department of Transportation to relocate natural gas mains during improvement project, FPN: 256888-1-56-02/WPI No. 7116974/SPN: 15150-3580/Pinellas County, SR 55 (US 19)/CSX RR to s/o Enterprise Road, at an estimated cost of $85,962.50, and adopt Resolution 01-37, 2 and that the appropriate officials be authorized to execute same. SUMMARY: • State of Florida's Department of Transportation has a project to construct overpasses on US 19 (SR 55) at N.E. Coachman Road and at Sunset Point Road including roadway, sidewalk, other improvements, and utilities to include those existing Clearwater Gas System facilities which conflict with the design. • Under the Joint Project Agreement OPA), the State of Florida's Department of Transportation general contractor will perform the. relocation of existing natural gas mains. • Having the State of Florida's Department of Transportation general contractor install the natural gas mains allows for work to be done in a. timely manner and releases Clearwater Gas System from penalty payments. • The available balance in appropriation code 315-96374, Pinellas Line Relocation, as of September 21, 2001 is $4,832,204. The Joint Project Agreement cost is estimated to be $85,962.50. • A copy of the agreement is available for review in the City Clerk Department. Reviewed by: Legal CNO Budget Purchasing /A Risk Mgmt N/A 6i 4 nator: Tom Robertson ?L Originating Dept.: r Costs Info Srvc N/A Clearwater Gas System ?LP Total Public Works A User Dept.: DCM/ACM Clearwater Gas System Current FY Other C / Attachments: Resolution 01-37 Joint Project Agreement (727)562-4900x7423 Submitted by: -Q- Printed on recycled paper c I Location Map Worksession Item #: Final Agenda Item # $85,962.50 Estimated Funding Source: 01/02 cl X $85,962.50 OP Estimated Other Appropriation code: 315-96374 RESOLUTION NO. 0137 A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA., APPROVING THE EXECUTION OF A UTILITY JOINT PROJECT AGREEMENT WITH THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION REGARDING RELOCATION OF NATURAL GAS MAINS FOR THE IMPROVEMENT PROJECT FOR STATE ROAD 55 FROM CSX RR TO SOUTH OF ENTERPRISE ROAD; PROVIDING AN EFFECTIVE DATE. WHEREAS, the State of Florida Department of Transportation TDOT) has a, project to construct overpasses on State Road 55 (US 19) at N.E. Coachman Road and at Sunset Point Road including roadway, sidewalk, other improvements and utilities to include those existing Clearwater Gas System facilities which conflict with the design; and WHEREAS, under the Joint Project Agreement, the FDOT's general contractor will perform the relocation of existing natural gas mains; and WHEREAS, having FDOT's general contractor relocate the natural gas mains allows for the work to be done in a timely manner and releases Clearwater Gas System from penalty payments; now, therefore, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The City Commission hereby accepts and approves the Joint Project Agreement between the City and the State of Florida Department of Transportation, identified as Utility Work By Highway Contractor Agreement, Financial Project ID 256388-1-56-02, a copy of which is attached as Exhibit A. Section 2. The City Commission hereby authorizes the Mayor-Commissioner and City Manager to sign the Joint Participation Agreement described in this resolution and associated documents. Section 3. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this day of , 2000. Approved as to form: John Carassas Assistant City Attorney Brian J. Aungst Mayor-Commissioner Attest: Cynthia E. Goudeau City Clerk Resolution No. 01-37 -s- ! i , ? O Mir, o?Cc)Do 131 3 co x I r r B ? 1 60 O jeB IA Z q O ? ? C f p is I to pUD •? A .y r w ? s CL o 000 Y w N j o n ?o 4a 40 a i3 F14?t ITEM# 3 0 11 I INO \kx? r `carc c 99??tEa?`? Clearwater City Commission Agenda Cover Memoraudimi Worksession Item #: Final Agenda Item # Meeting Date: 10/18/01 SUBJECT/RECOMMENDATION: Approve the Utility Work By Highway Contractor Agreement with the State of Florida Department of Transportation (FDOT) for the relocation of existing potable water and sanitary sewer facilities impacted by the FDOT's S.R. 55/US 19 (CSX RR to south of Enterprise Rd.) roadway improvement project, and adopt Resolution #01-38, 19 and that the appropriate officials be authorized to execute same SUMMARY: The Florida Department of Transportation (FDOT) has designed the roadway improvements of S.R. 55/US 19 from the CSX RR to south of Enterprise Rd. The improvements will include constructing overpasses at the intersections of N.E. Coachman and Sunset Pt. Rd. Construction is currently anticipated to begin in January 2003. This roadway improvement project will necessitate the relocation or adjustment of the City's water and sanitary sewer mains and appurtenances within the project limits. The City of Clearwater's Engineering Department has coordinated the design for these-utilities with FDOT representatives. FDOT will receive bids for the combined roadway improvement and utility relocation work and make award of contract to the low bidder. • The amounts included on. this agenda item are the engineer's preliminary estimate, and are .subject to change as the design progresses. The exact costs will be determined by the ontractor's bid and may vary from this amount. Project will be competitively bid by FDOT. The Dreakout of the engineer's estimate is as follows: Capital Proiect: Expense Code: Amount: Water Line Relocation: 343-96742-563800-533-000 $751,812.50 Sanitary Utility Relocation: 343-96634-563800-535-000 $ 85,864.76 Total: $837,677.26 i Sufficient funding for this agreement is available in each of the project codes specified. 0 A copy of the agreement is available for review in the Clerk Department. Reviewed by: Originating Dept: Costs Legal Info Srvc N/A Public Works (L. Mutrin) Total $837 677.26 , Budget Public Works User Dept. p Funding Source: Purchasing DCM/ACM Public Works Current FY $837,677.26 CI X Risk Mgmt NIA Other N/A Attachments OP Resolution #01-38 Other Submitted by: Appropriation Codes: City Manager ? None 343.96742-563800-533-000 343.96634-563800.535.000 Or! Printed on recvcled Japer US 19 (CSX RR to south of Enterorise Rd.1 Utilities JPA w1FDOT Rov. 2198 - CO?UPONENTS OF CONTRACT PLANS SET RoADWAr PtArls SIGNING AND PAVEMENT MARKING PLANS S/GNAUZATION PLANS LIGHTING PLANS STRUCTURE PLANS A •OETAILED INDEX APPEARS. ON THE KEY SHEET OF EACH COMPONENT INDEX OF ROADWAY PLANS SHEET N0, SHEET DESCRIPTION 1 2-5 R! - R2 Or - D2 6-7 8-14 21 22 - 58 59 - 72 73 - 77 7a - Br 82 83-87 e1- en Ba - 91 9Z 93 - 94 95 - 97 99 -206 ZO?B 209 -226 227 228 - 326 HI- H9 TG - TC9! 327 - 34! 342 - 343 KEY SHEET suuuARY of PAY ITEMs NOTES TO REVIEWERS DRAINAGE MAP EXISTING DRAINAGE STRUCTURE DATA TYPICAL SECTIONS .SUMMARY OF DRAINAGE STRUCTURES ROADrYAY PLAN & PROFILES FRONTAGE ROAD PROFILES SIDE STREET PROFILES RAMP PROFILES FRONTAGE ROAD RETURN PROFILES CURB RETURN PROFILES BACK OF SIDEWALK PROFILES GORE DETAILS INTERSECTION LAYOUT INTERSECTION DETAILS DRNEWAY DETAILS CURB CUT RAMP DETAIL DRAINAGE STRUCTURES DRAINAGE STRUCTURE DETAILS BRIDGE DRAINAGE DETAIL RETENTION PONDS SOILS SURVEY CROSS SECTIONS DRNEWAY NAIF SECTIONS TRAFFIC CONTROL PLANS 'UTILITY ADJUSTMENT SWPPP PLANS GOVERNING STANDARDS AND SPEClfICATKINS: FLORIDA DEPARTIfENT Of TRANSPORTATION, ROADWAY AND TRAFFIC DESIGN STANDARDS OATEO JANUARY, 2000 AND STANDARD SPECIFICATKlNS FOR ROAD AND BRIDGE CLWSTIiviCTA7N DATED 20001 AS AIffNDED BY CONTRACT OOCU?lENTS REvrsroNs STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PLANS OF ?'ROPOSED WATER AND SEWER RELOCATIONS FOR Cl TY OF CLEARW A TER FINANCIAL PROJECT ID 256888-1-52-01. STATE PROJECT N0. 15150-3580 PINELLAS COUNTY STATE ROAD N0.55 lUS I9J FROM BRIDGE OVER CSXRR TO SOUTH 4F ENTERPRISE ROAD ?' h ? S°1 a C ? ?I? 8 ie0 ?° l 580 - ? 580 15 ?1? 26 J8t"r 55 PVT.. ?o? oIN 3 ? ? 30. ?`? 6 31 y ???• T2B5 ? 729S unset?'P ? // t 1 ? 6, t s rr>r Q? 12 ? @; LEARWA ?R ?T` EXECAIRPORT ? ..: 590 ? .._ Ta, row @ i,; ? 17 Clearwoler Beach Gulf To B •'.'?;? ;? a?wnT ?y o?. es, G ?, •r•.; i;;i ? i o ,??:, @ :: ??, ??¢? ?? . a ?? . z?. 8 ,,,.. ? ???; ?, 2T T28S r29S SAf??lfi TH OF ; clTV aI? cL?A1ew?TER E XISTINI? TU BE ?CFMOVED P?0 PQSE D LENG _ ? PROJEG T METERS ROADWAY BRIDGES 212l.8l9 290AOD h'ET LENGTH OF PROJ.. . 2 41Le79 EXCEPTIONS oAbO GROSS LENGTH OF PROJ: ? 2 gn.er9 r FDOT PROJECT MANAGER ? STEVEN C, SEACHRlST, P.E. LocAT?? END lip. ?93?- EOOATION STA. 339+25.565 t8K STA. 339+25.574 FAH END BRIDGE No.150245 & No,1502 STA'. 332+19.OW C/t SURVEY S.R. 55 BEGIN BRIDGE . ?Vo.150245 & No: J502 STA.,3 +67.000 C/L SURVEY SR:55 ,IY.IW.. II M • YI IVYI- STA.322+95.OD0. C/C SURVEY SRS 55 BEGIN B.RIDGf' No,1502?' b Na,1502 STA. J21+57x000-.` C/t SURVEY S,R, 55 BEGIN. PldaIECT' STA. J/5+b8JpJ IL SU SRI 55 11A. >9.M0: ?.., ;Na?E: rcEY sHEEr LITE OF FLORIDA OF RANSPOR TA TION OF PROPOSED WER RELOCATIONS FOR CLEARWA TER JECT ID 256888-1-52-01. JEC T NO. 15150 - 3580 LLAS COUNTY ROAD NO. 55 (US 19) RR TO SOUTH OF ENTERPRISE ROAO k ??? ? goo .. ? sn? r:•ia 580 t^ '? PVT.. 19 55 , - rte: 3 b e TOBS T29S s r a SAFE, T gar EARIA r a- > >T .Coili`. J]! To, 0 I n ? 1- PRDJEC T METERS 2 /21.879 290.000 F PROD. 2411.679 0.000 OF PROJ. 2 411.679 /MANAGER "i STEVEN C. SEACHRIST- P.E. is ENI STA CIL SURVEY S.R. 55 Mp . 20-939 EEOUATION STA. 339+25.566 (SK) := STA. 339+25.570 (AN) END BRIDGE 110.150245 & N0.150246 STA. 332+19.000 CIL SURVEY SR. 55 BEGIN BRIDGE No. 150245 & No. 150246 STA..330+61 7000 CIL SURVEY SR. 55 N0.15OZ47 & N0.15OZ48 STA. 322+95.000 CIL SURVEY S.R. 55 BEGIN BRIDGE No.150247 & N0.150246 STA. 321+57.000 CIL SURVEY SR. 55 BF_S/N PROJECT STA. 315+68J21 CIL SURVEY SR. K.P. 31279 M.P. 19.440 PHASE // April J. 2000 ROADWAY SHOP DRAWINGS TO BE SUBMITTED TO. THOrbfA5 W. STONER, P.E. P.E. NO. 40251 H.W. LOCHNER, INC. 13577 FEATHER SOUND DRIVE SUITE 600 CLEARWATER. FLORIDA 33762 0271 512-7111 Ina .;ft t'.µ61 KACM W, PLANS PREPARED ot: I- H.W. LOCHNER.INC. `-'n 13577 FEATHER SOUND DRIVE o SUI TE 600 x ° CLEARWATER. FLORIDA 33762 0271572-7111 Consultant Contract No. C-6023 Vendor No. VF 362338811001 a? NOTE- THE SCALE OF THESE PLANS LUAr I ' HAVE CHANGED Br REPRODUCTION. = , C [rtiri NOTE: THIS IS A ME TRIC UNI T PROJEC T KEY SHEET REVISIONS i AoADWAr PCARS TttOMAS W. STONER. P.E. EAVATER OF RECOR& oarE= . P.E. NO.: 40251 03 i w tit RESOLUTION NO. 01- 38 A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA, AUTHORIZING THE UTILITY WORK BY HIGHWAY CONTRACTOR AGREEMENT WITH THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION FOR THE RELOCATION OF EXISTING POTABLE WATER AND SANITARY SEWER FACILITIES WITHIN THE S.R. 55/US 19 PROJECT FROM CSX RR TO SOUTH OF ENTERPRISE ROAD, PROVIDING AN EFFECTIVE DATE. WHEREAS, the State of Florida Department of Transportation, hereinafter referred to as DOT, proposes to construct or improve SR 55/US 19 from the CSX RR to south of Enterprise Road, hereinafter referred to as the "Project"; and WHEREAS, in order for the DOT to proceed with their Project, it is necessary for the City of Clearwater to execute and deliver to DOT the agreement identified as "Utility Work by Highway Contractor Agreement," hereinafter referred to as the "Agreement"; and WHEREAS, said Agreement is in the best interest of the City of Clearwater. i NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: Section 1. That the application of the State of Florida Department of Transportation for a Utility Work By Highway Contractor Agreement is for transportation purposes which are in the public or community interest and for public welfare; that an agreement of utility interest, or interests, in favor of the State of Florida Department of Transportation: in the City of Clearwater, Florida, should be drawn and executed by the City Commission. Section 2. A certified copy of this Resolution shall be forwarded forthwith to the State of Florida Department of Transportation at Tallahassee, Florida. Section 3. This resolution shall take effect immediately upon adoption. Resolution No. 01-38 PASSED AND ADOPTED this day of , 2001. Brian J. Aungst Mayor-Commissioner Approved as to form; Jane Hayman Assistant City Attorney Attest: Cynthia E. Goudeau City Clerk, 2 Resolution No. 01-38 :TATF OF FLOR,OA DEP"WENT Or TRANSPORTATION Form No. 710.010.22 UTILITY WORK BY HIGHWAY CONTRACTOR AGREEMENT UTILITIES (AT UTILITY EXPENSE) Rev10l00 Financial Project ID: 256888-1-56-01 Federal Project ID: N/A Work Program Item No. (old): 7116974 County/Section No: 15/150 State Job No. (old): 15010-3580 District Document No: N/A THIS AGREEMENT, entered into this _day of year of 2001, by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, hereinafter referred to as the "FDOT", and the CITY OF CLEARWATER, hereinafter referred to as the "UAO"; WITNESSETH: WHEREAS, the FDOT, is constructing, reconstructing, or otherwise changing a portion of a public road or publicly owned rail corridor, said project being identified as US 19 from Bridge over CSX RR to South of Enterprise Road, State Road No.: 55, hereinafter referred to as the "Project"; and WHEREAS, the UAO owns or desires to install certain utility facilities which are located within the limits of the Project hereinafter referred to as the "Facilities" (said term shall be deemed to include utility facilities as the same may be relocated, adjusted, installed, or placed out of service pursuant to this Agreement); and WHEREAS, the Project requires the location (vertically and/or horizontally), protection, relocation, installation, adjustment or removal of the Facilities, or some combination thereof, hereinafter referred to as "Utility Work"; and WHEREAS, the FDOT and the UAO desire to enter into a joint agreement pursuant to Section 337.403(1)(b), Florida Statutes for the Utility Work to be accomplished by the FDOT's contractor as part of the construction of the Project; and I WHEREAS, the UAO, pursuant to the terms and conditions hereof, will bear certain costs associated with the Utility Work; NOW, THEREFORE, in consideration of the premises and the mutual covenants contained herein, the FDOT and the UAO hereby agree as follows: 1. Design of Utility Work a. UAO shall prepare, at UAO's sole cost and expense, a final engineering design, plans, technical special provisions, a cost estimate, and a contingency Utility Work Schedule (said contingency schedule to be used in the case of a bid rejection) for the Utility Work (hereinafter referred to as the "Plans Package") on or before October 22, year of 2001. b. The Plans Package shall be in the same format as the FDOT's contract documents for the Project and shall be suitable for reproduction. C. Unless otherwise specifically directed in writing, the Plans Package shall include any and all activities and work effort required to perform the Utility Work, including but not limited to, all clearing and grubbing, survey work and shall include a traffic control plan. d. The Plans Package shall be prepared in compliance with the FDOT's Utility Accommodation Manual and the FDOT's Plans Preparation Manual in effect at the time the Plans Package is prepared, and the FDOT's contract documents for the Project. If the FDOT's Plans Preparation Manual has been updated and conflicts with the Utility Accommodation Manual, the Utility Accommodation Manual shall apply where such conflicts exist. e. The technical special provisions which are a part of the Plans Package shall be prepared in accordance with the FDOT's guidelines on preparation of technical special provisions and shall not duplicate or change the general contracting provisions of the FDOT's Standard Specifications for Road and Bridge Construction and Page 1 of 9 $t ATE CF FL174 -CA OF. PARTAnENT OF TRANSPORT At ION Foini No. 710.010•:2 UTILITY WORK BY HIGHWAY CONTRACTOR AGREEMENT UTILITIES (AT UTILITY EXPENSE) Rev1 0/00 any Supplemental Specifications, Special Provisions, or Developmental Specifications of the FDOT for the Project. UAO shall provide a copy of the proposed Plans Package to the FDOT, and to such other right of way users as designated by the FDOT, for review at the following stages; Phase III and Phase IV. Prior to submission of the proposed Plans Package for review at these stages, the UAO shall send the FDOT a work progress schedule explaining how the UAO will meet the FDOT's production schedule. The work progress schedule shall include the review stages, as well as other milestones necessary to complete the Plans Package within the time specified in Subparagraph a. above. g. In the event that the FDOT finds any deficiencies in the Plans Package during the reviews performed pursuant to Subparagraph f. above, the FDOT will notify the UAO in writing of the deficiencies and the UAO will correct the deficiencies and return corrected documents within the time stated in the notice. The FDOT's review and approval of the documents shall not relieve the UAO from responsibility for subsequently discovered errors or omissions. h. The FDOT shall furnish the UAO such information from the FDOT's files as requested by the UAO; however, the UAO shall at all times be and remain solely responsible for proper preparation of the Plans Package and for verifying all information necessary to properly prepare the Plans Package, including survey information as to the location (both vertical and horizontal) of the Facilities. The providing of information by the FDOT shall not relieve the LIAO of this obligation nor transfer any of that responsibility to the FDOT. The Facilities and the Utility Work will include all utility facilities of the UAO which are located within the limits of the Project, except as generally summarized as follows: These exceptions shall be handled by separate arrangement. j. If any facilities of the UAO located within the project limits are discovered after work on the project commences to be qualified for relocation at the FDOT's expense, but not previously identified as such, the UAO shall file a claim with the FDOT for recovers of the cost of relocation thereof. The filing of the claim shall not necessarily entitle the UAO to payment, and resolution of the claim shall be based on a determination of fault for the error. The discovery of facilities not previously identified as being qualified for relocation at the FDOT's expense shall not invalidate this Agreement. k. The UAO shall fully cooperate with all other right of way users in the preparation of the Plans Package. Any conflicts that cannot be resolved through cooperation shall be resolved in the manner determined by the FDOT. 1. Upon completion of the Utility Work, the Facilities shall be deemed to be located on the public road or publicly owned rail corridor under and pursuant to the Utility Permit: FDOT RIW Utilization Permit will be applied for at a later date. (Note: It is the intent of this line to allow either attachr77ent of or separate reference to the permit). 2. Performance of Utility Work a. The FDOT shall incorporate the Plans Package into its contract for construction of the Project. b. The FDOT shall procure a contract for construction of the Project in accordance with the FDOT's requirements. C. If the portion of the bid of the contractor selected by the FDOT which is for performance of the Utility Work exceeds the FDOT's official estimate for the Utility Work by more than ten percent (10%) and the FDOT does not elect to participate in the cost of the Utility Work pursuant to Section 337.403(1)(b), Florida Statutes, the UAO may elect to have the Utility Work removed from the FDOT's contract by notifying the FDOT in writing within 7 days from the date that the UAO is notified of the bid amount. Unless this election is made, the Utility Work shall be performed as part of the Project by the FDOT's contractor. Page 2 of 9 W T,t t. e. Ft Ck!,^ A tJt VAre TAKE N T Of TkAjj+ Pon TAT:g1' roTm No. 710.010.22 UTILITY WORK BY HIGHWAY CONTRACTOR AGREEMENT UTILITIES (AT UTILITY EXPENSE) Rev 10/00 d. If the UAO elects to remove the Utility Work from the FOOT's contract in accordance with Subparagraph 2. c., the UAO shall perform the Utility Work separately pursuant to the terms and conditions of the FOOT's standard relocation agreement, the terms and conditions of which are incorporated herein for that purpose by this reference, and in accordance with the contingency relocation schedule which is a part of the Plans Package. The UAO shall proceed immediately with the Utility Work so as to cause no delay to the FOOT or the FDOT's contractor in constructing the Project. e. The UAO shall perform all engineering inspection, testing, and monitoring of the Utility Work to insure that it is properly performed in accordance with the Plans Package, except for the following activities: and will furnish the FDOT with daily diary records showing approved quantities and amounts for weekly, monthly, and final estimates in accordance with the format required by FOOT procedures. f. Except for the inspection, testing, monitoring, and reporting to be performed by the LIAO in accordance with Subparagraph 2. e., the FOOT will perform all contract administration for its construction contract. g. The UAO shall fully cooperate with the FOOT and the FDOT's contractor in all matters relating to the performance of the Utility Work. h. The FDOT's engineer has full authority over the Project and the UAO shall be responsible for coordinating and cooperating with the FDOT's engineer. In so doing, the UAO shall make such adjustments and changes in the Plans Package as the FDOT's engineer shall determine are necessary for the prosecution of the Project. 1. The UAO shall not make any changes to the Plans Package after the date on which the FOOT's contract documents are mailed to Tallahassee for advertisement of the Project unless those changes fall within the categories of changes which are allowed by supplemental agreement to the FDOT's contract pursuant to Section 337.11, Florida Statutes. All changes, regardless of the nature of the change or the timing of the change, shall be subject to the prior approval of the FOOT. t 3. Cost of Utility Work a. The UAO shall be responsible for all costs of the Utility Work and all costs associated with any adjustments or changes to the Utility Work determined by the FOOT's engineer to be necessary, including, but not limited to the cost of changing the Plans Package and the increase in the cost of performing the Utility Work, unless the adjustments or changes are necessitated by an error or omission of the FOOT. The UAO shall not be responsible for the cost of delays caused by such adjustments or changes unless they are attributable to the UAO pursuant to Subparagraph 4.a. b. The initial estimate of the cost of the Utility Work is $837,677.26. At such time as the FOOT prepares its official estimate, the FOOT shall notify the UAO of the amount of the official estimate for the Utility Work. Upon being notified of the official estimate, the UAO shall have five (5) working days within which to accept the official estimate for purposes of making deposits and for determining any possible contribution on the part of the FOOT to the cost of the Utility Work, or to elect to have the Utility Work removed from the FOOT's contract and performed separately pursuant to the terms and conditions set forth in Subparagraph 2. d, hereof. C. At least fourteen (_14 ) calendar days prior to the date on which the FOOT advertises the Project for bids, the UAO will pay to the FOOT an amount equal to the FOOT's official estimate; plus 5 % for administrative costs of field work, tabulation of quantities, Final Estimate processing and Project accounting (said amounts are to be hereinafter collectively referred to as the "Allowances"); plus 10% of the official estimate for a contingency fund to be used as hereinafter provided for changes to the Utility Work during the construction of the Project (the Contingency Fund). d. Payment of the funds pursuant to this paragraph will be made (choose one): directly to the FDOT for deposit into the State Transportation Trust Fund. Page 3 of 9 'fir ,vtF a It I...oA'.(P.441k1tNT ?-f rwv.l:VI)RIAI CN For-ni No. 710.010-22 UTILITY WORK BY HIGHWAY CONTRACTOR AGREEMENT UTILITIES Rev10/00 (AT UTILITY EXPENSE, X as provided in the attached Mernorandum of Agreement between UAO, MOT and the State of Florida, Department of Insurance, Division of Treasury. Deposits of less than $100,000.00 must be pre-approved by the FDOT Comptroller's Office prior to execution of this agreement. e. If the portion of the contractor's bid selected by the FDOT for performance of the Utility Work exceeds the amount of the deposit made pursuant to Subparagraph c. above, then subject to and in accordance with the limitations and conditions established by Subparagraph 2 c. hereof regarding FDOT participation in the cost of the Utility Work and the UAO's election to remove the Utility Work frorn the Project, the UAO shall, within fourteen (14) calendar days from notification from the FOOT or prior to posting of the accepted bid, whichever is earlier, pay an additional amount to the MOT to bring the total amount paid to the total obligation of the UAO for the cost of the Utility Work, Plus Allowances and 101/6 Contingency Fund. The FDOT will notify the UAO as soon as it becomes apparent the accepted bid amount plus allowances and contingency is in excess of the advance deposit amount; however, failure of the MOT to so notify the LIAO shall not relieve the LIAO from its obligation to pay for its full share of project costs on final accounting as provided herein below. In the event that the LIAO is obligated under this Subparagraph 3.e. to pay an additional amount and the additional amount that the UAO is obligated to pay does not exceed the Contingency Fund already on deposit, the UAO shall have sixty (60) calendar days from notification from the FDOT to pay the additional amount, regardless of when the accepted bid is posted. f. If the accepted bid amount plus allowances and contingency is less than the advance deposit amount, the MOT will refund the arrlount that the advance deposit exceeds the bid amount, plus allowances and contingency if such refund is requested by the LIAO in writing and approved by the Comptroller of the FDOT or his designee. g. Should contract modifications occur that increase the UAO's share of total project costs, the UAO will be notified by the FDOT accordingly. The UAO agrees to provide, in advance of the additional work being performed, adequate funds to ensure that cash on deposit with the MOT is sufficient to fully fund its share of the project costs. The FDOT shall notify the UAO as soon as it becomes apparent the actual costs will overrun the award amount; however, failure of the FDOT to so notify the UAO shall not relieve the UAO from its obligation to pay for its full share of project costs on final accounting as provided herein below. h. The MOT may use the funds paid by the UAO for payment of the cost of the Utility Work. The Contingency Fund may be used for increases in the cost of the Utility Work which occur because of quantity overruns or because of adjustments or changes in the Utility Work made pursuant to Subparagraph 2. h. Prior to using any of the Contingency Fund, the MOT will obtain the written concurrence of the person delegated that responsibility by written notice from the UAO. The delegatee shall respond immediately to all requests for written concurrence. If the delegatee refuses to provide written concurrence promptly and the MOT determines that the work is necessary, the MOT may proceed to perform the work and recover the cost thereof pursuant to the provisions of Section 337.403(3), Florida Statutes. In the event that the Contingency Fund is depleted, the UAO shall, within fourteen (14) calendar days from notification from the FDOT, pay to the FDOT an additional 10% of the total obligation of the UAO for the cost of the Utility Work established under Subparagraph 3. e. for future use as the Contingency Fund. i. Upon final payment to the Contractor, the FDOT intends to have its final and complete accounting of all costs incurred in connection with the work performed hereunder within three hundred sixty (360) days. All project cost records and accounts shall be subject to audit by a representative of the UAO for a period of three (3) years after final close out of the Project. The UAO will be notified of the final cost. Both parties agree that in the event the final accounting of total project costs pursuant to the terms of this agreement is less than the total deposits to date, a refund of the excess will be made by the FDOT to the UAO in accordance with Section 215.422, Florida Statutes. In the event said final accounting of total project costs is greater than the total deposits to date, the LIAO will pay the additional amount within forty (40) calendar days from the date of the invoice. The UAO agrees to pay interest at a rate as established pursuant to Section 55.03, Florida Statutes, on any invoice not paid within the time specified in the preceding sentence until the invoice is paid. 1 Page 4 of 9 ; T O T E I-F $ k . k.CAOEVARTVENT C P T RAN rCRTATiON Form No. 710.010.22 UTILITY WORK BY HIGHWAY CONTRACTOR AGREEMENT UTILITIES (AT UTILITY EXPENSE) Rev10l00 4. Claims Against UAO a. The UAO shall be responsible for all costs incurred as a result of any delay to the FDOT or its contractors caused by errors or omissions in the Plans Package (including inaccurate location of the Facilities) or by failure of the UAO to properly perform its obligations under this Agreement in a timely manner. b. In the event the FDOT's contractor provides a notice of intent to make a claim against the FDOT relating to the Utility Work, the FDOT will notify the UAO of the notice of intent and the UAO will thereafter keep and maintain. daily field reports and all other records relating to the intended claim. C. In the event the FDOT's contractor makes any claim against the FDOT relating to the Utility Work, the FDOT will notify the UAO of the claim and the UAO will cooperate with the FDOT in analyzing and resolving the claim within a reasonable time. Any resolution of any portion of the claim directly between the UAO and the FDOT's contractor shall be in writing, shall be subject to written FDOT concurrence and shall specify the extent to which it resolves the claim against the FDOT. d. The FDOT may withhold payment of surplus funds to the UAO until final resolution (including any actual payment required) of all claims relating to the Utility Work. The right to withhold shall be limited to actual claim payments made by the FDOT to the FDOT's contractor. S. Out of Service Facilities No Facilities shall be placed out of service unless specifically identified as such in the Plans. The following terms and conditions shall apply to Facilities placed Out-of-Service: a. The UAO acknowledges its present and continuing ownership of and responsibility for out of service Facilities. b. The FDOT agrees to allow the UAO to leave the Facilities within the right of way subject to the continuing satisfactory performance of the conditions of this Agreement by the UAO. In the event of a breach of this Agreement by the UAO, the Facilities shall be removed upon demand from the FDOT in accordance with the provisions of Subparagraph e. below. C. The UAO shall take such steps to secure the Facilities and otherwise make the Facilities safe in accordance with any and all applicable local, state or federal laws and regulations and in accordance with the legal duty of the UAO to use due care in its dealings with others. The UAO shall be solely responsible for gathering all information necessary to meet these obligations. d. The UAO shall keep and preserve all records relating to the Facilities, including, but not limited to, records of the location, nature of, and steps taken to safely secure the Facilities and shall promptly respond to information requests of the FDOT or other permittees using or seeking use of the right of way. e. The UAO shall remove the Facilities at the request of the FDOT in the event that the FDOT determines that removal is necessary for FDOT use of the right of way or in the event that the FDOT determines that use of the right of way is needed for other activa utilities that cannot be otherwise accommodated in the right of way. Removal shall be at the sole cost and expense of the UAO and without any right of the UAO to object or make any claim of any nature whatsoever with regard thereto. Removal shall be completed within the time specified in the FDOT's notice to remove. In the event that the UAO fails to perform the removal properly within the specified time, the FDOT may proceed to perforrn the removal at the UAO's expense pursuant to the provisions of Sections 337.403 and 337.404, Florida Statutes. f. Except as otherwise provided in Subparagraph e. above, the UAO agrees that the Facilities shall forever remain the legal and financial responsibility of the UAO. The UAO shall reimburse the FDOT for any and all costs of any nature whatsoever resulting from the presence of the Facilities within the right of way. Said costs shall include, but shall not be limited to, charges or expenses which may result from the future need to remove the Facilities or from the presence of any hazardous substance or material in or discharging from the Facilities. Page 5 of 9 ? TATE Or FLgN41 A Of PANTMENT' r)F f NANSP O 111 AT IgN Form No. 710.010.22 UTILITY WORK BY HIGHWAY CONTRACTOR AGREEMENT UTILITIES (AT UTILITY EXPENSE) Rev10/00 Nothing in this paragraph shall be interpreted to require the UAO to indemnify the FOOT for the FDOT's own negligence; however, it is the intent that a!I other costs and expenses of any nature be the responsibility of the UAO. 6. Default a. In the event that the UAO breaches any provision of this Agreement, then in addition to any other remedies which are otherwise provided for in this Agreement, the FOOT may exercise one or more of the following options, provided that at no time shall the FDOT be entitled to receive double recovery of damages: (1) Terminate this Agreement if the breach is material and has not been cured within sixty (60) days from written notice thereof from FDOT. (2) Pursue a claim for damages suffered by the FDOT. (3) If the Utility Work is reimbursable under this Agreement, withhold reimbursement payments until the breach is cured. The right to withhold shall be limited to actual claim payments made by FDOT to third parties. (4) If the Utility Work is reimbursable under this Agreement, offset any damages suffered by the FOOT or the public against payments due under this Agreement for the same Project. The right to offset shall be limited to actin! claim payments made by FOOT to third parties. (5) Suspend the issuance of further permits to the UAO for the placement of Facilities on FOOT property if the breach is material and has not been cured within sixty (60) days from written notice thereof from FDOT. (6) Pursue any other remedies legally available. (7) Perform any work with its own forces or through contractors and seek repayment for the cost thereof under Section 337.403(3), Florida Statutes. b. In the event that the FOOT breaches any provision of this Agreement, then in addition to any other remedies which are otherwise provided for in the Agreement, the LIAO may exercise one or more of the following options: (1) Terminate this Agreement if the breach is material and has not been cured within sixty (60) days from written notice thereof frorn the LIAO. (2) If the breach is a failure to pay an invoice for Utility Work which is reimbursable under this Agreement, pursue any statutory remedies that the UAO may have for failure to pay invoices. (3) Pursue any other remedies legally available. c. Termination of this Agreement shall not relieve either party from any obligations it has pursuant to other agreements between the parties nor from any statutory obligations that either party may have with regard to the subject matter hereof. 7. Force Majeure Neither the UAO nor the FOOT shall be liable to the other for any failure to perform under this Agreement to the extent such performance is prevented by an act of God, war, riots, natural catastrophe, or other event beyond the control of the non-performing party and which could not have been avoided or overcome by the exercise of due diligence; provided thatthe party claiming the excuse from performance has (a) promptly notified the other party of the occurrence and its estimate duration, (b) promptly remedied or mitigated the effect of the occurrence to the extent possible, and (c) } resumed performance as soon as possible. Page 6 of 9 STATE CF A C E CEPARTMENT OF TRANSPORTATION Form No. 710.010.22 UTILITY WORK BY HIGHWAY CONTRACTOR AGREEMENT UTILITIES (AT UTILITY EXPENSE) Revl0100 8. Indemnification FOR GOVERNMENT-OWNED UTILITIES, To the extent provided by law, the LIAO shall indemnify, defend, and hold harmless the FDOT and all of its officers, agents, and employees from any claim, loss, darnage, cost, charge, or expense arising out of any acts, action, error, neglect, or omission by the LIAO, its agents, employees, or contractors during the performance of the Agreement, whether direct or indirect, and whether to any person or property to which FOOT or said parties may be subject, except that neither the LIAO, its agents, employees, or contractors will be liable under this section for damages arising out of the injury or damage to persons or property directly caused by or resulting from the negligence of the FOOT or any of its officers, agents, or employees during the performance of this Agreement. When the FOOT receives a notice of claim for damages that may have been caused by the UAO in the performance of services required under this Agreement, the FOOT will immediately forward the claim to the LIAO. The LIAO and the FOOT will evaluate the claim and report their findings to each other within fourteen (14) working days and will jointly discuss options in defending the claim. After reviewing the claim, the FDOT will determine whether to require the participation of the UAO in the defense of the claim or to require the LIAO to defend the FOOT in such claim as described in this section. The FOOT's failure to notify the UAO of a claim shall not release the UAO from any of the requirements of this section. The FOOT and the LIAO will pay their own costs for the evaluation, settlement negotiations, and trial, if any. However, if only one party participates in the defense of the claim at trial, that party is responsible for all costs. FOR NON-GOVERNMENT-OWNED UTILITIES, The LIAO shall indemnify, defend, and hold harmless the FOOT and all of its officers, agents, and employees from any claim, loss, damage, cost, charge, or expense arising out of any acts, action, error, neglect, or omission by the UAO, its agents, employees, or contractors during the performance of the Agreement, whether direct or indirect, and whether to any person or property to which FDOT or said parties may be subject, except that neither the UAO, its agents, employees, or contractors will be liable under this section for damages arising out of the injury or damage to persons or property directly caused by or resulting from the negligence of the FOOT or any of its officers, agents, or employees during the performance of this Agreement. The UA.O's obligation to indemnify, defend, and pay for the defense or at the FDOT's option, to participate and associate with the FDOT in the defense and trial of any damage claim or suit and any related settlement negotiations, shall arise within fourteen ('14) days of receipt by the UAO of the FDOT's notice of claim for indemnification to the LIAO. The notice of claim for indemnification shall be served by certified mail. The UAO's obligation to defend and indemnify within fourteen (14) days of such notice shall not be excused because of the UAO's inability to evaluate liability or because the UAO evaluates liability and determines the UAO is not liable or determines the FOOT is solely negligent. Only a final adjudication of judgment finding the FDOT solely negligent shall excuse performance of this provision by the UAO. The UAO shall pay all costs and fees related to this obligation and its enforcement by the FOOT. The FOOT's delay in notifying the UAO of a claim shall not release UAO of the above duty to defend. Page 7 of 9 V A r[ OF FI,1HYJA GtPAR I AitNT OF tRAN;;POH iA NON Form No. 710.010.22 UTILITY WORK BY HIGHWAY CONTRACTOR AGREEMENT UTILITIES (AT UTILITY EXPENSE) Rev10100 9. Miscellaneous a. Time is of essence in the performance of all obligations under this Agreement. b. The Facilities shall at all times rernain the property of and be properly protected and maintained by the UAO in accordance with the current Utility Accommodation Manual in effect at the time the Plans Package is prepared and the current utility permit for the Facilities; provided, however, that the UAO shall not be obligated to protect or maintain any of the Facilities to the extent the FDOT's contractor has that obligation as part of the Utility Work pursuant to the FDOT's specifications. C. The FDOT may unilaterally cancel this Agreement for refusal by the UAO to allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119, Florida Statutes, and made or received by the UAO in conjunction with this Agreement, d. This Agreement constitutes the complete and final expression of the parties with respect to the subject matter hereof and supersedes all prior agreements, understandings, or negotiations with respect thereto, except that the parties understand and agree that the FDOT has manuals and written policies and procedures which may be applicable at the time of the Project and the relocation of the Facilities. e. This Agreement shall be governed by the laws of the State of Florida. Any provision hereof found to be unlawful or unenforceable shall be severable and shall not affect the validity of the remaining portions hereof. f. All notices required pursuant to the terms hereof may be sent by first class United States Mail, facsimile transmission, hand delivery, or express mail and shall be deemed to have been received by the end of five business days from the proper sending thereof unless proof of prior actual receipt is provided. The UAO shall have a continuing obligation to notify each District of the FDOT of the appropriate persons for notices to be sent pursuant to this Agreement. Unless otherwise notified in writing, notices shall be sent to the following addresses: If to the UAO: Mr. Michael D. Quillen, P.E., City Engineer City of Clearwater 100 S. Myrtle Avenue, Suite 220 Clearwater, FL 33756 If to the FDOT: Mr. G. Sunny De Coster, Sr. District Utility Engineer 11201 N. McKinley Drive, 7-820 Tampa, FL 33612-6456 10. Certification This document is a printout of an FDOT form maintained in an electronic format and all revisions thereto by the UAO in the form of additions, deletions, or substitutions, are reflected only in an Appendix entitled "Changes To Form Document" and no change is made in the text of the document itself. Hand notations on affected portions of this document may refer to changes reflected in the above-named Appendix but are for reference purposes only and do not change the terms of the document. By signing this document, the UAO hereby represents that no change has been made to the text of this document except through the terms of the appendix entitled "Changes To Form Document." Page 8 of 9 n S'A'E Cf ftCAVA CEPARTMEN7 CK IRANSPORTA?ION Form No. 710.010.22 UTILITY WORK BY HIGHWAY CONTRACTOR AGREEMENT UTILITIES (AT UTILITY EXPENSE) RevlO/oo IN WITNESS WHEREOF, the parties hereto have executed this Agreement effective the day and year first written. UTILITY: CITY OF CLEARWATER BY:(Signature) "SEE SIGNATURE PAGE FOLLOWING" DATE: (Typed Name: (Typed Title: ) Recommend Approval by the District Utility Office BY: (Signature) DATE: FDOT Legal review BY: (Signature) DATE: District Counsel ,y STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION BY: (Signature) DATE: (Typed Name: (Typed Title: ) FEDERAL HIGHWAY ADMINISTRATION (if applicable) BY: (Typed Name: ) (Typed Title: Page 9 01 9 DATE: N ? City of Clearwater's Signature Page for Utility Work by Highway Contractor Agreement Financial Project ID: 256888-1-56-01 Countersigned: Brian J. Aungst Mayor-Commissioner Approved as to form: Jane C. Hayman Assistant City Attorney CITY OF CLEARWATER, FLORIDA By: William B. Horne, II City Manager Attest: Cynthia E. Goudeau City Clerk tN,1Eitii0RANDUINi OF AGREEMENT THIS AGREEMENT, made and entered into this , day of , 2001, by and between the State of Florida, Department of Transportation, hereinafter referred to as "FDOT" and the State of Florida, Department of Insurance, Division of Treasury, hereinafter referred to as "Treasury" and the City of Clearwater, hereinafter referred to as the "Participant". WI"I'NESSETH WHEREAS, "FDOT" is currently constrLrcting the following project: Financial Project No. 256588-1-5- 6-01 County : PINELLAS Hereinafter referred to as the "Project". WHEREAS, FDOT and the Participant entered into a Utility Work by Highway Contractor Age-eement dated , 200 i, wherein FDOT agreed to perform certain work on behalf of the Participant in conjunction with the Project. WHEREAS, the parties to this AGREB ENT mLrtLrally agreed that it woLild be in the best interest of the FDOT and the Participant to establish an interest bearing escrow account to provide hinds for the work performed on the Project on behalf of the Participant by the FDOT. 1 NOW THEREFORE, in consideration of the premises and the covenants contained herein, the parties agree to the following: An initial deposit in the amount OF $ 837,677J6 (eight hunderd thirty seven thousand six hundred seventy seven dollars and twenty six cents) will be made by the Participant into an interest bearing escrow accOLint established by the FDOT for the purposes of the project. Said escrow account will be opened with the Department of Insurance, Division of Treasury, Bureau of Collateral Securities on behalf of the FDOT upon receipt of this 1Vlemorandu111 of Agreement. Such account will be an asset of FDOT. 2. Other deposits will be niade only by the Participant as necessary to cover the cost of additional work prior to the eXecutiorr ofany Supplemental Aureements. 3, All deposits shall be made payable to the Department of lnsurance, Revenue Processinand mailed to the FDOT Office ofCornptroller for appropriate processing at the following address: Florida Department of'Transport.ition Office of Comptroller (M.S. 24) 3717 Apalachee ParMcway, Suite E Tnll; assee, Floi•ichi 3231 1 Al'TN: ,YPA Coordinator- UI; A copy of this Agreement should accompany any deposits. When the check is mailed to Tallahassee, the District Office should instruct the Participant to mail the District Office ;t copy of the check. 4. The FDOT's Comptroller and/or his designees shall be the sole signatories on the escrow account with the Department of Insurance and shall have sole authority to authorize withdrawals from said account. 5. Unless instructed otherwise by the parties hereto, all interest accumulated in the escrow account shall remain in the account for the purposes of the project as defined in the JI'A. 6. The Treasurer agrees to provide written confirmation of receipt of funds to the FDOT. 7. The Treasurer's Office further agrees to provide periodic reports to the FDOT. F_ STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION COMPTROLLER STATE OF FLORIDA DEPARTKENT OF INSURANCE DIVISION OF TREASURY ,Yee S'itmature Pn,e Attached Hereto CITY OF CLEARWATER William B. Horne, I( City Manager P.O. Box 4748, Clearwater FL 33758-4748 PARTICIPANT ADDRESS 59-6000289 FEDERAL EMPLOYER ID # City of Clearwater's Signature Page for Memorandum of Agreement Financial Project ID: 256888-1-56-01 Countersigned: Brian J. Aungst Mayor-Commissioner Approved as to form: Jane C. Hayman Assistant City Attorney, CITY OF CLEARWATER, FLORIDA By: William B. Horne, II City Manager Attest: Cynthia E. Goudeau City Clerk Ste`` 0 ??•ITE E? Clearwater City Commission Agenda Cover Memorandum Worksession Item #: Final Agenda Item # Meeting Date: PR3 31 SUBJECT/RECOMMENDATION: Approve Parks and Recreation Board recommendation naming City property located at 900 North Greenwood Avenue, "North Greenwood Recreation and Aquatics Complex", approve naming of the Aquatics Center the Ray Green Aquatics Center and name the gymnasium courts, Terrance Griggley Court and Dr. Joseph Carwise Court, 91 and that the appropriate officials be authorized to execute same. SUMMARY: • As a part of the Penny for Pinellas projects for the City of Clearwater, $4,000,000 was identified to construct a recreation and aquatics complex in North Greenwood on the former Ray Green Field site. The project is currently titled the Northwest Recreation and Aquatics Complex. • At the October 4, 2001 City Commission meeting, the Commission will be asked to approve a construction contract to build this new facility to open in the end of calendar year 2002. • The new facility with a regional design will be over 28,000 square feet under roof to include a citywide teen area, double full size gymnasium and a state of the art fitness facility. In addition, 3 swimming pools are planned, including a 20' high water slide, large water playground with training pool and a traditional lap pool with diving area. A 2001 FRDAP grant in the amount of $200,000 was secured to fund many of the large aquatic amenities. The North Greenwood Association has been involved with many of the stages of this project. The 'ssociation has recommended naming the park "North Greenwood Recreation and Aquatics Complex". • Current Resolution No. 94-12 specifies that the Parks and Recreation Board will conduct and advertise a public hearing to consider recommendations for park names at a regular meeting of the Board. The Board held this public hearing on Monday, June 25, 2001. • Based on the information gathered at the hearing, and on criteria contained in the Resolution, the Parks and Recreation Board approved a motion to recommend to the City Commission that the complex be named "North Greenwood Recreation and Aquatics Complex". The Board's second choice was Dr. Joseph Carwise Recreation and Aquatics Complex, and it's third was the Terrance Griggley Recreation and Aquatics Complex. • The board also recommends naming the aquatics area the Ray Green Aquatics Center and each of the gymnasium courts after Terrance Griggley, a former P&R employee (who was killed in a tragic accident in 2000) and Dr. Joseph Carwise, who was a former City Commissioner and Pinellas County Schools Assistant Superintendent. Reviewed by: Originating Dept: Costs Legal Info Srvc N/A Parks & Recreation Department Total N/A Budget - N/A Public Works Kevin Dunbar, Director v Funding Source: Purchasing N/A DCM/ACM User Dept. Current FY N/A CI ?hlgmt N/A Other Parks & Recreation De a ent OP ' Attachments: Other Submitted by: , City Manager A#4s? o None Appropriation Code: None UPrinted on recvcled naner Pa„ Wan ?e- : P4 3 LL 0 Clearwater u?- Interoffice Correspondence Sheet MEMORANDUM TO: Cyndie Goudeau, City Clerk FROM: Miles G. Ballogg, Economic Development Team CC: Bill Horne, City Manager City Ralph Stone, Assistant City Manager Art Rader, Assistant Director Parks and Recreation DATE: September 12, 2001 RE: Enterprise Zone Development Agency Recommendation for North Greenwood Recreation Facility Naming The Enterprise Zone Development Agency (EZDA) held their board meeting on August 20, 2001. At this meeting, the board voted to recommend to the Mayor and City Commission that the new parks and recreation facility located on North Greenwood Avenue be named the "North Greenwood Recreation Center". This recommendation is intended to be consistent with the wishes of the North Greenwood community members. The EZDA board asked its chairman, John Connelly, to represent the board if the Commission had any questions regarding the board's position. ?r?l ti"vit?„ Clearwater City Commission Agenda Cover Memorandum Worksession Item #: Final Agenda Item # Meeting Date: SUBJEC17RECOMMEN DATION: MR, 1 /01/do Approve Ordinance No. 6878-01, amending Chapter 33, Section 33.067 of the Code of Ordinances paragraph (8) extending the designated slow down minimum wake zone at the Clearwater Community Sailing Center north to the Clearwater Pass Bridge, on the first reading. ff) and that the appropriate officials be authorized to execute same. SUMMARY: There have become growing community concerns for the safety of patrons using the Clearwater Community Sailing Center and the public beach area to the center's north. By extending the wake zone in this area, we will increase the safety for swimmers, fishermen, and sailing class students by protecting them from the wakes caused by passing vessels. The Marine Advisory Board has requested that this item be brought forward to the commission. On June 7, 1990, the commission approved Ordinance 4995-90 establishing the wake zone at the Clearwater Community Sailing Center. The State of Florida Fish and Wildlife Commission approved the wake zone under permit number 90-026. After Ordinance 6878-01 is passed extending the zone, we will submit it to the state for approval and amendment to the'city permit. All other existing city wake zones remain unchanged. Reviewed by: Originating Dept.: /- Costs Info Srvc N/A Legal I Marine & Aviation Total N/A Budget N/A Public Works N/A User Dept.:, Funding Source: Purchasing N/A DCM/ACM Marine & Aviation Current FY CI `';:•k Mgmt N/A Other Attachments OP : .. 1. Ordinance 6878-01 Other 2. Wake zone chart Submitted by: '° ??'? City Manager ? None A ro riation Code: inted on recwcted aaoer a ORDINANCE NO. 6878-01 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING CHAPTER 33, SECTION 33.067, CODE OR ORDINANCES, RELATING TO WATERWAYS AND VESSELS, TO AMEND DEFINED AREAS FOR SPEED RESTRICTIONS OF VESSELS; PROVIDING AN EFFECTIVE DATE. WHEREAS, there have become growing community concerns for the safety of swimmers, fishermen, and sailing class students on the beach adjacent to the Clearwater Community Sailing Center; and WHEREAS, there are no speed restrictions for vessels accessing this section of beach; WHEREAS, the Marine Advisory Board recommends the Clearwater Community Sailing Center wake zone be extended to meet the Clearwater Pass wake zone; now, therefore, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: Section 1. Section 33.067 is amended to read: Sec. 33.067. Same-Areas defined. (8) Slow down-minimum wake zone; Clearwater Community Sailing Center. All waters in the following described area are designated as a slow down- minimum wake zone: Begin at the designated wake zone on the southeast corner under the Clearwater Pass Bridge, at marker buoy 11, located at 27degrees 57 minutes 32.7 seconds north, 82 degrees 49 minutes 22.2 seconds west, and continue in a southeast direction to a point approximately 100 yards offshore, then in a southerly direction approximately 700 yards, more or less, to a point marked by a buoy at 27 degrees 57 minutes 16 seconds north, 82 degrees 49 minutes 31 seconds west, then in a westerly direction 100 yards, more or less, to a point approximately on the mean high- water line at the Clearwater Community Sailing Center, located at 27 degrees 57 minutes 17 seconds north, 82 degrees 49 minutes 33 seconds west, then in a northerly direction along the mean high-water line, then to the point of beginning at marker buoy 11. .1 Ordinance No. 6878-01 Section 2. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Approved as to form: John rassas A sistant City Attorney Brian J. Aungst Mayor-Commissioner Attest: Cynthia E. Goudeau City Clerk 2 Ordinance No. 6878-01 at Oor V 9D nc?L -9y Clearwater Pass Marina Entrance, Additional markers added. Markers #1 thru g 1 I ;?. RESOLl1T10N NO, 01-3y A RESOLUTION APPOINTING I"INANCIAL SECURITY ASSURANCE AS MUNICIPAL BOND iNSURE'R FOR THE SERIES 2001 BONDS; SUPPLEMI17NTING ORDINANCE NO. 6876-01 TO ADJUST THE ADDITIONAL BONDS TEST AND PROVIDING CERTAIN OTHER MA` 71"-.16 IN CONNECTION WITH THE MUNICIPAL BOND INSURANCE POLICY AND THE ISSUANCE AND DELIVERY O SUCH BONDS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on October 4, 2001, the City Commission of the City ol'Clearwater, Florida (the "City" or the "Issuer") enacted Ordinance No. 6876-01 (the "Bond Ordinance") to provide for the issuance of Improvement Revenue Bonds, Series [to be determined] payable from City's Public Service Tax (as defined in the Bond Ordinance); WHEREAS, on October 4, 2001, the City Commission of the City oL Clearwater, Florida adopted Resolution No. 01-36 (the "Resolution") to provide for sale of the City's not to exceed $12,000,000 of Improvement Revenue Bonds, Series 2001 (the "Series 2001 Bonds"); and WHEREAS, the Resolution provided for the City Manager and the Financial Services Administrator to solicit offers from municipal bond insurance firms to provide municipal bond insurance (the "Municipal Bond Insurance Policy") for the Series 2001 Bonds; and WHEREAS, the Issuer now desires to approve the commitment for municipal bond insurance provided by Financial Security Assurance Inc. as the municipal bond insurance firm (the "Bond Insurer") to provide the Municipal Bond Insurance Policy for the Series 2001 Bonds and to supplement the Bond Ordinance to provide for the requirements of the Commitment. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: . SECTION 1. The City approves the purchase of the Municipal Bond Insurance Policy for the Series 2001 Bonds from Financial Security Assurance, as Bond Insurer. SECTION 2. Pursuant to the Bond Ordinance, Financial Security Assurance Inc. ("FSA") has been selected to provide its Municipal Bond Insurance Policy (the "Policy") as the Bond Insurance Policy (as defined in the Bond Ordinance) as additional security for payment of principal and interest on the Series 2001 Bonds. Selection of FSA as the Bond Insurer (as defined in the Bond Ordinance) is hereby ratified and confirmed and payment for such Bond Insurance Policy from proceeds of the Series 2001 Bonds is hereby authorized. The City hereby accepts the terms, conditions and agreements relating to the Bond Insurance Policy in accordance with the Municipal Bond Insurance Commitment (the "Commitment") as attached hereto as Exhibit A and incorporated Resolution No. 01.39 herein. A statement of insurance is herebv authorized to be printed on or attached to the Series 2001 Bonds for the benefit and information of the holders of the Series 2001 Bonds. In addition to the covenants and agreements of the City previously contained in the Bond Ordinance regarding the rights of the Bond Insurer or as may be set forth on Exhibit A hereto, each of which are hereby incorporated herein, the City hereby makes the following additional covenants and agreements for the benefit of the Bond Insurer and the Holders of the Series 2001 Bonds while the Bond Insurance Policy insuring the Series 2001 Bonds is in full force and effect: (a) "Bond Insurance Policy" shall mean the insurance policy issued by the Bond Insurer guaranteeing the scheduled payment of principal of and interest on the Series 2001 Bonds when due. (b) "Bond Insurer" shall mean Financial Security Assurance Inc., a New York stock insurance company, or any successor thereto or assignee thereof. (c) Except as otherwise provided in Section 23 of the Bond Ordinance, the Bond Insurer shall be deemed to be the sole holder of the Series 2001 Bonds insured by it for the purpose of exercising any voting right or privilege or giving any consent or direction or taking any other action that the holders of the Series 2001 Bonds insured by it are entitled to take pursuant to the Bond Ordinance. The maturity of the Series 2001 Bonds insured by the Bond Insurer shall not be accelerated without the consent of the Bond Insurer, but the City reserves the right to optionally redeem any Series 2001 Bonds without the consent of the Bond Insurer. (d) No waiver, modification, amendment or supplement to the Bond Ordinance may become effective except upon obtaining the prior written consent of the Bond Insurer. (e) Copies of any modification or amendment to the Bond Ordinance shall be sent to Standard & Poor's Credit Markets Services and Moody's Investors Service, Inc. at least 10 days prior to the effective date thereof. (f) Amounts paid by the Bond Insurer under the Bond Insurance Policy shall not be deemed paid for purposes of the Bond Ordinance and shall remain Outstanding and continue to be due and owing until paid by the Issuer in accordance with the Bond Ordinance. The Bond Ensurer shall, to the extent it makes any payment of principal of or interest on the Series 2001 Bonds, become subrogated to the rights of the recipients of such payments in accordance with the terms of the Bond Insurance Policy. The Bond Ordinance shall not be discharged unless all amounts due or to become due to the Bond Insurer have been paid in full or duly provided for. (g) Claims Upon the Bond Insurance Policy and Payments by and to the Bond Insurer. If, on the third business day prior to the related scheduled interest payment date or 2 Resolution No. 01-39 principal payment date or the date to which a Series 2001 Bond maturity has been accelerated ("Payment Date") there is not on deposit with the Paying Agent, after making all transfers and deposits required under the Bond Ordinance, moneys sufficient to pay the principal of and interest on the Series 2001 Bonds due on such Payment Date, the Paying Agent shall give notice to the Bond Insurer and to its designated agent (if any) (the "Bond Insurer's Fiscal Agent") by telephone or telecopy of the amount of such deficiency by 12:00 noon, New York City time, on such Business Day. If on the second Business Day prior to the related Payment Date, there continues to be a deficiency in the amount available to pay the principal of and interest on the Bonds due on such Payment Date, the Trustee shall make a claim under the Insurance Policy and give notice to the Insurer and the Insurer's Fiscal Agent (if any) by telephone of the amount of such deficiency, and the allocation of such deficiency between the amount required to pay interest on the Series 2001 Bonds and the amount required to pay principal of the Series 2001 Bonds, confirmed in writing to the Bond Insurer and the Bond Insurer's Fiscal Agent by 12:00 noon, New York City time, on such second Business Day by filling in the form of Notice of Claim and Certificate delivered with the Bond Insurance Policy. In the event the claim to be made is for a mandatory sinking fiend redemption installment, upon receipt of the moneys due, the Paying Agent shall authenticate and deliver to affected Bondholders who surrender their Series 2001 Bonds a new Bond or Bonds in an aggregate principal amount equal to the unredeemed portion of the Bond surrendered. The Paying Agent shall designate any portion of payment of principal on Series 2001 Bonds paid by the Bond Insurer, whether by virtue of mandatory sinking fund redemption, maturity or other advancement of maturity, on its books as a reduction in the principal amount of Series 2001 Bonds registered to the then current Bondholder, whether DTC or its nominee or otherwise, and shall issue a replacement Series 2001 Bond to the Bond Insurer, registered in the name of Financial Security Assurance Inc., in a principal amount equal to the amount of principal so paid (without regard to authorized denominations); provided that the Paying Agent's failure to so designate any payment or issue any replacement Series 2001 Bond shall have no effect on the amount of principal or interest payable by the Issuer on any Series 2001 Bond or the subrogation rights of the Bond Insurer. The Paying Agent shall keep a complete and accurate record of all funds deposited by the Series 2001 Bond Insurer into the Policy Payments Account (as hereinafter identified) and the allocation of such funds to payment of interest on and principal paid in respect of any Series 2001 Bond. The Bond Insurer shall have the right to inspect such records at reasonable times upon reasonable notice to the Paying Agent. Upon payment of a claim under the Band Insurance Policy the Paying Agent shall establish a separate special purpose trust account for the benefit of Bondholders Resolution NO.01-39 3 referred to herein as the "Policy Payments Account" and over which the Paying Agent shall have exclusive control and sole right of withdrawal. The Paying Agent shall receive any amount paid under the Bond Insurance Policy in trust on behalf of Bondholders and shall deposit any such amount in the Policy Payments Account and distribute such amount only for purposes of making the payments for which a claim was made. Such amounts shall be disbursed by the Paying Agent to Bondholders in the same manner as principal and interest payments are to be made with respect to the Series 2001 Bonds under the sections hereof regarding payment of Series 2001 Bonds. It shall not be necessary for such payments to be made by checks or wire transfers separate from the check or wire transfer used to pay debt service with other funds available to make such payments. Funds held in the Policy Payments Account shall not be invested by the Paying Agent and may not be applied to satisfy any costs, expenses or liabilities of the Paying Agent. Any funds remaining in the Policy Payments Account following a Payment Date shall promptly be remitted to the Bond Insurer. (h) The Bond Insurer shall be provided with all reports, notices and correspondence to be delivered under the terms of the Bond Ordinance. (i) The notice address of the Bond Insurer is: Financial Security Assurance Inc., 350 Park Avenue, New York, New York 10022-6022, Attention: Managing Director -- Surveillance; Re: Policy No. Telephone: (212) 826-0100; Telecopier: (212) 339-3529. In each case in which notice or other communication refers to an Event of Default, then a copy of such notice or other communication shall also be sent to the attention of General Counsel and shall be marked to indicate "URGENT MATERIAL ENCLOSED." (j) The Bond Insurer shall be deemed to be a third party beneficiary to the Bond Ordinance. (k) Notwithstanding the agreement of the City to replenish any draws on the Reserve Fund for the Series 2001 Bonds within 60 months following such draw, in the event of any draw on the Reserve Fund for the Series 2001 Bonds, the City hereby agrees to restore the funds on deposit in the Reserve Fund to the Reserve Requirement for the Series 2001 Bonds within twelve (12) months of the date of such draw as required in the Commitment. SECTION 3. In addition to the above covenants and agreements with the Bond Insurer, the Bond Ordinance is hereby supplemented by providing that the Additional Bonds test set forth in Section 20(F)(1)(c) shall require a coverage ratio of 135% rather than 120%, and following such Resolution NO.01.39 4 supplement, Section 20(F)(1) of the Bond Ordinance shall read as follows (deleted or supplemented language shown with a strikethrough): (1) There shall have been obtained and filed with the Clerk a certificate of the Finance Director stating: (a) that the books and records of the Issuer relative to the Pledged Revenues have been reviewed; (b) setting forth the amount of the adjusted Pledged Revenues derived for any consecutive twelve (12) months out of the preceding twenty-four (24) months preceding the date of issuance of the proposed Additional Parity Obligations adjusted as herein below provided; (c) that the aggregate amount of such Pledged Revenues, as adjusted pursuant to paragraph 2 below, is equal to not less than L 9004 135% (or such other percentage as may be set forth in a subsequent resolution of the Issuer adopted prior to the issuance of the Series 2001 Bonds) of the Maximum Bond Service Requirement becoming due in any Bond Year thereafter on (i) all Bonds issued under this Ordinance then Outstanding, and (ii) on the Additional Parity Obligations with respect to which such certificate is made. SECTION 4. In conformity with the Commitment, the City further agrees, that in connection with the defeasance of any Series 2001 Bonds in accordance with the requirements of Section 24 of the Bond Ordinance, Acquired Obligations shall be restricted to (1) cash; (2) non-callable direct obligations of the United States of America ("Treasuries"); (3) evidences of ownership of proportionate interests in future interest and principal payments on Treasuries held by a bank or trust company as custodian, under which the owner of the investment is the real party in interest and has the right to proceed directly and individually against the obligation and the underlying Treasuries are not available to any person claiming through the custodian or to whom the custodian may be obligated; or (4) pre-refunded municipal obligations rated "AAA" and "Aaa" by S&P and Moody's, respectively, or any combination thereof, unless the Bond Insurer otherwise approves. In connection with any such defeasance, the City shall cause to be delivered (i) a report of an independent firm of nationally recognized certified public accountants or such other accountant as shall be acceptable to the Bond Insurer verifying the sufficiency of the escrow established to pay the Series 2001 Bonds in full on the maturity or earlier redemption date, (ii) an escrow deposit agreement (which shall be acceptable in form and substance to the Bond Insurer, and (iii) an opinion of nationally recognized bond counsel to the effect that the Series 2001 Bonds are no longer "Outstanding" under the Bond Ordinance; each verification report and defeasance opinion shall be acceptable in form and substance and addressed to the City, the Paying Agent for the Series 2001 Bonds and the Bond Insurer. In the event a forward purchase agreement will be employed in the refunding, such agreement shall be subject to the approval of the Bond Insurer and shall be accompanied by such opinions of counsel as may be required by the Bond Insurer. Series 2001 Bonds shall be deemed "Outstanding" under the Bond Ordinance unless and until they are in fact paid and retired or the above criteria are met. 5 Resolution NO.01-39 SECTION 5. This resolution shall become effective immediately upon its adoption. PASSED AND ADOPTED this 18th day of October , 2001. Approved as to form: Pamela K. Akin City Attorney lerk . Resolution NO. 01-39 EXHIBIT A MUNICIPAL BOND INSURANCE COMMITMENT Resolution No. 01-39 W - FINANCIAL MUNICIPAL BONG INSURANCE COMMITMENT FINANCIAL SECURITY ASSURANCE INC. ('Financial Security' or "FSA') hereby commits to issue its Municipal Bond Insurance Policy (the "Policy) relating to whole maturities of the debt obligations described in Exhibit A attached hereto (the 'Bonds"), subject to the terms and conditions set forth in this Commitment, of which Commitment Exhibit A is an integrated part, or added hereto (the "Commitment'). To keep this Commitment in effect after the Expiration Date set forth in Exhibit A attached hereto, a request for renewal must be submitted to Financial Security prior to such Expiration Date. Financial Security reserves the right to refuse wholly or in part to grant a renewal. THE MUNICIPAL BOND INSURANCE POLICY SHALL BE ISSUED IF THE FOLLOWING CONDITIONS ARE SATISFIED: 1. The documents to be executed and delivered in connection with the issuance and sale of the Bonds shall not contain any untrue or misleading statement of a material fact and shall not fail to state a material fact necessary in order to make the information contained therein not misleading. 2. No event shall occur which would permit any underwriter or purchaser of the Bonds, otherwise required, not to be required to underwrite or purchase the Bonds on the date scheduled for the issuance and delivery thereof ("Closing Date"). 3. There shall be no material change in or affecting the Bonds (including, without limitation, the security for the Bonds) or the financing documents or the Official Statement (or any similar disclosure documents) to be executed and delivered in connection with the issuance and sale of the Bonds from the descriptions or forms thereof approved by Financial Security. 4. The Bonds shall contain no reference to Financial Security, the Policy or the insurance evidenced thereby except as may be approved by Financial Security. BOND PROOFS SHALL HAVE BEEN APPROVED BY FINANCIAL SECURITY PRIOR TO PRINTING. The Bonds shall bear a Statement of Insurance in the form provided by Financial Security. 5. Financial Security shall be provided with: (a) Executed copies of all financing documents, any disclosure document (the "Official Statement") and the various legal opinions delivered in connection with the issuance and sale of the Bonds (which shall be dated the Closing Date and which, except for the opinions of counsel relating to the adequacy of disclosure,, shall be addressed to .Financial Security or accompanied by a letter of such counsel permitting Financial Security to rely on such opinion as if such opinion were addressed to Financial Security), including, without limitation, the approving opinion of bond counsel. Each of the foregoing shall be in form and substance acceptable to Financial Security. Copies of all drafts of such documents prepared subsequent to the date of the Commitment fblacklined to reflect all revision2 from grevious(y reviewed drafts) shall be furnished to Financial Security for review and approval. Final drafts of such documents shall be provided to Financial Security at least three (3) business days prior to the Issuance of the Policy, unless Financial Security shall agree to some shorter period. (b) Evidence of wire transfer in federal funds of an amount equal to the Insurance premium, unless alternative arrangements for the payment of such amount acceptable to Financial Security have been made prior to the delivery date of the Bonds. (c) Standard & Poor's Ratings Services, Moody's Investors Service Inc. and Fitch IBCA, Inc. will separately present bills for their respective fees relating to the Bonds. Payment of such bills should be made directly to such rating agency. Payment of the rating fee is not a condition to release of the Policy by Financial Security. 6. Promptly after the closing of the Bonds, Financial Security shalt receive three completed sets of executed documents (one original and either (i) two photocopies (each unbound) or (il) three compact discs). 7. The Official Statement shall contain the language provided by Financial Security and only such other references to i=iinancial Security or otherwise as Financial Security shall supply or approve. FINANCIAL SECURITY SHALL BE PROVIDED WITH SIX PRINTED COPIES OF THE OFFICIAL STATEMENT. EXHIBIT A MUNICIPAL BOND INSURANCE COMMITMENT TERM SHEET Issuer: City of Clearwater, Florida Principal Amount of Bonds Insured: Not to Exceed $11,700,000 Name of Bonds Insured: Improvement Revenue Refunding Bonds, Series 2001 Date of Commitment: October 11, 2001 Expiration Date: Friday, December 14, 2001' Premium: (a) .34% of total debt service on the Bonds Insured in the event the Reserve Fund is funded at closing in an amount equal to the Reserve Requirement or (b) .38% of total debt service on the Bonds Insured in the event the Reserve Fund is not funded at closing in an amount equal to the Reserve Requirement. Additional Conditions: 1. The amortization schedule for, and final maturity date of, the Bonds shall be acceptable to Financial Security. 2. See attached Exhibits B - D. 3. The test for the issuance of Additional Parity Obligations as set forth in Section 20 (F) (1).of the Ordinance (as hereafter defined) shall state that the aggregate amount of Pledged Revenues Is equal to not less than 135% of pro forma Maximum Annual Debt Service. 4. In the event the Reserve Fund is not funded to the Reserve Requirement at closing, the Ordinance shall require funding of the Reserve Fund to the Reserve Requirement from all Public Service Tax revenues in the event that at any time coverage of Maximum Annual Debt Service from Public Service Tax revenues received in a Bond Year (or Fiscal Year) shall be less than 1.25 times (a "Funding Eventw). In the event that coverage from Public Service Tax revenues for each of two (2) consecutive Bond Years (or Fiscal Years) equals or is greater than Maximum Annual Debt Service, the Funding Event shall be deemed cured. Coverage of Maximum Annual Debt Service shall be calculated at least annually. 5. In the event of a draw on the Reserve Fund. any deficiency shall be replenished within a 12 month period 6. The Bonds Insured may only be defeased in accordance with the provisions of (g) in Exhibit C herein. L:ILEGAl.WIUNIMTATES\FL147845- G.doc Exhibit A Page 2 of 2 Terms used in this Commitment and not otherwise defined shall have the meanings ascribed to them in the document authorizing the issuance of and setting forth the temi.s for the Bonds described above (the "Ordinance'). FINANCIAL SECURITY ASSURANCE INC. 7 Authorized Officer 'To keep the Commitment in effect to the Expiration Date set forth above, Financial Security must receive a duplicate of this Exhibit A executed by an appropriate officer by the earlier of the date on which the Official Statement containing disclosure language about Financial Security Is circulated and ten days from the date of this Commitment. The undersigned agrees that if the Bonds are insured by a policy of municipal bond insurance, such insurance shall be provided by Financial Security in accordance with the terms of the Commitment. CITY OF CLEARWATER, FLORIDA Authorized Officer L:NLEGALWIUN I"TATESTL%47645_G.doc EXHIBIT B Page 1 of 1 STANDARD OPINION REQUIREMENTS Each of the Ordinance, the Escrow Agreement and any other transaction documents (the 'Related Documents') is a legal, valid and binding obligation of the parties thereto, has been duly authorized, executed and delivered and is enforceable in accordance with its terms. 2. There does not exist any action, suit, proceeding or Investigation pending, or to the best of such counsel's knowledge, threatened which if adversely determined, could (i) materially adversely affect (a) the financial position of the Issuer, (b) the ability of the Issuer to perform its obligations under the Related Documents, (c). the security for the Bonds, or (d) the transactions contemplated by the Related Documents or (ii) impair the ability of the Issuer to levy and collect the Public Service Tax. 3. Nothing has come to the attention of disclosure counsel which would cause them to believe that the final Official Statement (excluding information provided by Financial Security), as of its date and the. date of issuance of the Policy, contained any untrue statement of a material fact or omitted to state a material fact required to be stated therein or necessary in order to make the statements therein, In the light of the circumstances under which they were made, not misleading. 4. The Public Service Tax has been duly and validly authorized in accordance with the provisions of Florida taw. L:tL.EGAUMUNOWTATES%FL147MS_O.doc 1717 EXHIBIT C Page 1 of 4 ORDINANCE REQUIREMENTS The Ordinance shall incorporate the following requirements either in one section or article entitled "Provisions Relating to Bond Insurance' (or the like), the provisions of which sectlon or article shall be stated In the grgjRance 19 govern. notwithstanding anvtblitg to the contrary set forth 1 the Ordinance, or individually in the appropriate sections: (a) "Insurance Policy' shall oe defined as follows: 'the insurance policy issued by the Bond Insurer guaranteeing the scheduled payment of principal of and interest on the Bonds when due'. 'Insurer' shall be defined as follows: 'Financial Security Assurance Inc., a New York stock insurance company, or. any successor thereto or assignee thereof. (b) The Insurer shall be deemed to be the IQ)g holder of the Bonds insured by it for the purpose of exercising any voting right or privilege or giving any consent or direction or taking any other action that the hofders of the Bonds insured by it are entitled to take pursuant to the Ordinance. The Trustee shall take no action except with the consent, or at the direction, of Financial Security. The maturity of Bonds Insured by the Insurer shall not be accelerated without the consent of the Insurer. (c) The Insurer shall be included as a third party beneficiary to the Ordinance. (d) -No modification, amendment or supplement to the Ordinance or any other transaction document (each a "Related Document") may become effective except upon obtaining the prior written consent of the Insurer. (e) Copies of any modification or amendment to the Ordinance or any other Related Document shall be sent to Standard & Pooes Ratings Services and Moody's Investors Service, inc. at least 10 days prior to the effective date thereof. (f) The rights granted to the Insurer under the Ordinance or any other Related Document to request, consent to or direct any action are rights granted to the Insurer in consideration of its issuance of the Insurance Policy. Any exercise by the Insurer of such rights Is merely an exercise of the Insurer's contractual rights and shall not be construed or deemed to be taken for the benefit or on behalf of the Bondholders nor does such action evidence any position of the insurer, positive or negative, as to whether Bondholder consent is required in addition to consent of the insurer. (g) Only (1) cash, (2) non-callable direct obligations of the United States of America ('Treasuries"), (3) evidences of ownership of proportionate interests in future interest and principal payments on Treasuries held by a bank or trust company as custodian, under which the owner of the Investment is the real party in interest and has the right to proceed directly and individually against the obligor and the underlying Treasuries are not available to any person claiming through the custodian or to whom the custodian may be obligated or (4) pre-refunded municipal obligations rated 'AAA` and "Aaa" by S&P and Moody's, respectively. or any combination thereof, shall be authorized to be used to effect defeasance of the Bonds unless the Insurer otherwise approves. To accomplish defeasance the issuer shall cause to be delivered *(i) a report of an independent firm of''- nationally recognized certiffEd public accountants or such other accountant as shall be acceptable to the Insurer ('AooountanY) verifying the suffrcterscy of the escrow established. to pay the Bonds in full on the maturity or redemption date ("Verification"), ('a) an Escrow Deposit Agreement (which shall be acceptable in form and substance to the lnsurrr), and (iiQ an opinion of nationally recognized bond counsel to the effect that the Borxls are no longer `Outstanding` under the Ordinance; each Verification and defeasance opinion shall be acceptable in form and substance, and addressed, to the Issuer, the Trustee and the Insurer. In the event a forward purchase agreement wW be employed in the refunding, such agreement shall be subject to the approval of the Insurer and shall be accompanied by such opinions of counsel as may be required by the insurer. The Insurer shall be provided with final drafts of the above-referenced documentation not less than five business days prior to the funding of the escrow. LUGALIMUNIS%STATES%FL. 4784S_G.dx EXHIBIT C Page 2 of 4 (h) Bonds shall be deemed 'Outstanding' under the Ordinance unless and until they are in fact paid and retired or the above criteria are met. Amounts paid by the Insurer under the Insurance Policy shall not be deemed paid for purposes of the Ordinance and shall remain Outstanding and continue to be due and owing until paid by the Issuer in accordance with the Ordinance. Claims Upon the Insurance Policy and Payments by and to the Insurer. If, on the third business day prior to the related scheduled Interest payment date or principal payment date or the date to which Bond maturity has been accelerated ('Payment Date') there is not on deposit with the Trustee, after making all transfers and deposits required under the Ordinance, moneys sufficient to pay the principal of and interest on the Bonds due on such Payment Date, the Trustee shall give notice to the Bond Insurer and to its designated agent (if any) (the 'Insurer's Fiscal Agent") by telephone or telecopy of the amount of such deficiency by 12:00 noon, New York City time, on such Business Day. If, on the second Business Day prior to the related Payment Date, there continues to be a deficiency In the amount available to pay the principal of and Interest on the Bonds due on such Payment Date, the Trustee shalt make a claim under the Insurance Pocky and give notice to the Insurer and the Insurer's Fiscal Agent (if any) by telephone of the amount of such deficiency; and the allocation of such deficiency between the amount required to pay interest on the Bonds and the amount required to pay principal of the Bonds, confirmed in writing to. the Insurer and the Insurer's Fiscal Agent by 12:00 noon, New York City time, on such second Business Day by filling in the form of Notice of Claim and Certificate delivered with the Insurance Policy. In the event the claim to be made is for a mandatory sinldng fund redemption installment, upon receipt of the moneys due, the Trustee shall authenticate and deliver to affected Bondholders who surrender their Bonds a new Bond or Bonds in an aggregate principal amount equal to the unredeemed portion of the Bond surrendered. The Trustee shall designate any portion of payment of principal on Bonds paid by the Insurer, whether by virtue of mandatory sinking fund redemption, maturity or other advancement of maturity, on its books as a reduction in the principal amount of Bonds registered to the then current Bondholder, whether DTC or its nominee or otherwise, and shall issue a replacement Bond to the Insurer, registered in the name of Financial Security Assurance Inc., in a principal amount equal to the amount of principal so paid (without regard to authorized denominations); provided that the Trustee's failure to so designate any payment or issue any replacement Bond shall have no effed on the amount of principal or interest payable by the Issuer on any Bond or the subrogation rights of the Insurer. The Trustee shall keep a complete and accurate record of all funds deposited by the insurer into the Policy Payments Account and the allocation of such funds to payment of interest on and principal paid In respect of any Bond. The Insurer shall have the right to inspect such records at reasonable times upon reasonable notice to the Trustee. Upon payment of a claim under the Insurance Policy the Trustee shall establish a separate spedal purpose trust account for the benefit of Bondholders referred to herein as the 'Policy Payments Account and over which the Trustee shall have exclusive control and sole right of withdrawal. The Trustee shall receive any amount paid under the Insurance Pocky in trial on behalf of Bondholders and shall deposit any such amount in the Policy Payments Account and d1stdUAe such amount only for purposes of making the payments for which a claim was made. Such amounts shall be disbursed by the Trustee to Bondholders in the same manner as principal and interest payments are to be made with respect to the Bonds under the, sections hereof regarolng payment of Bonds. It shag not be necessary for such payments to be made by checks or wire transfers separate from the check or wire transfer used to pay debt service with other funds. available to make such paynwis. Funds held in the Policy Payments Account shall not be invested by the Trustee and may not be applied to satisfy any costs, expenses or liabilities of the Trustee. Any funds remaining In the Policy Payments Account following a Bond payment date shall promptly be remitted to the Insurer. t.:%EGA vauHISsTATEsu:tu?s4s a.doc V AK EXH1131T C Page 3 of 4 fj) The Insurer shall, to the extent it makes any payment of principal of (or, in the case of Capital Appreciation Bonds, accreted value) or interest on the Bonds, become subrogated to the rights of the recipients of such payments in accordance with the terms of the insurance Policy. (k) The Issuer shall pay or reimburse the Insurer any and all charges, fees, costs and expenses which the Insurer may reasonably pay or incur in connection with (i) the administration, enforcement, defense or preservation of any rights or security in any Related Document; (ii) the pursuit of any remedies under the Ordinance or any other Related Document or otherwise afforded by law or equity, (iii) any amendment, waiver or other action with respect to, or related to, the Ordinance or any other Related Document whether or not executed or completed, (iv) the violation by the Issuer or the Obligor of any law, rule or regulation, or any judgment, order or decree applicable to it or (v) any litigation or other dispute in connection with the Ordinance or any other Related Document or the transactions contemplated thereby, other than amounts resulting from the failure of the Insurer to honor its obligations under the Insurance Policy. The Insurer reserves the right to charge a reasonable fee as a condition to executing any amendment, waiver or consent proposed in respect of the Ordinance or any other Related Document. (i) The Insurer shall be entitled to pay principal (or, in the case of Capital Appreciation Bonds, accreted value) or interest on the Bonds that shall become Due for Payment but shall be unpaid by reason of Nonpayment by the Issuer (as such terms are defined in the Insurance Policy) and any amounts due on the Bonds as a result of acceleration of the maturity thereof In accordance with the Ordinance, whether or not the Insurer has rece;ved a Notice of Nonpayment (as such terms are defined in the Insurance Policy) or a claim upon the Insurance Policy. (m) 'The notice address of the Insurer is: Financial Security Assurance Inc., 350 Park Avenue, New York, New York 10022-8022, Attention: Managing Director -- Surveillance; Re: Policy No. Telephone: (212) 828-0100; Telecopier. (212) 339-3529. In each case in which notice or other communication refers to an Event of Default, then a copy of such notice or other communication shall also be sent to the attention of General Counsel and shall be marked to indicate `URGENT MATERIAL ENCLOSED.` (n) The Insurer shall be provided with the following information: (1) Annual audited financial statements within 120 days after the and of the Issuer's fiscal year and the Issuer's annual budget within 30 days after the approval thereof; (i1) Notice of any draw upon the Debt Service Reserve Fund within two Business Days after knowledge thereof other than @ withdrawals of amounts in excess of the Debt Service Reserve Requirement and (ii) withdrawals in connection with a refunding of Bonds; (iii) Notice of any default known to the Trustee within five Business Days after knowledge thereof; (iv) Prior notice of the advance refunding or redemption of any of the Bonds, including the principal amount, maturities and CUSIP numbers thereof; (v) Notice of the resignation or removal of the Trustee, Paying Agent and Bond Registrar and the appointment of, and acceptance of duties by, any successor thereto; (vi) Notice of the commencement of any proceeding by or against the Issuer or the Obligor commenced under the United States Bankruptcy Code or any other applicable bankruptcy, Insolvency, receivership, rehabilitation or similar law (an 'insolvency Proceeding'); (vii) Notice of the making of any claim in oonnection with any Insolvency Proceeding seeking the avoidance as a preferential transfer of any payment of principal of, or interest on, the Bonds; (viii) . A full original transcript of all proceedings relating to the execution of any amendment or supplement to the Related Documents; and LILEGALWUNISSTATESWL147845_G.doc EXHIBIT C Page 4 of 4 (ix) All reports, notices and correspondence to be delivered under the terms of the Related Documents. (n) The Issuer agrees to take such action (including filing UCC financing statements) as is necessary from time to time to perfect or to otherwise preserve the priority of the pledge of the Trust Estate under applicable law, .(0) Notwithstanding satisfaction of other conditions to the issuance of additional bonds contained In the Resolution, no such Issuance may occur should any Event of Default (or any event which, once all notice or grace periods have passed, would constitute an Event of Default) have occurred and be continuing unless such default shall be cured upon such issuance. (p) No contract shall be entered into nor any action taken by which the rights of the Insurer or security for or sources of payment of the Bonds may be impaired or prejudiced except upon obtaining the prior written consent of the Insurer. L:1LECALWUNIMTATES\FL.147845_Q.dnc 1 r - EXHIBIT D Page 1 of t REFUNDING REQUIREMENTS t. The defeasance of the Refunded Bonds shall be accomplished by the deposit solely of cash or direct-non- callable obligations of the United States of America ("Direct Obligations") unless otherwise approved by Financial Security. The document providing for the establishment and maintenance of the escrow to provide such defeasance (the "Escrow Deposit Agreement") shall be in form and substance acceptable to Financial Security. Modification of the Escrow Deposit Agreement shall not be permitted unless Financial Security shall consent to such modification. 2. In the event a forward purchase agreement ("FPC') will be employed in the refunding, such agreement shall be subject to the approval of Financial Security and shall be accompanied by opinions of counsel as required by Financial Security. Financial Security shall provide its requirements for FPCs upon request. 3. At least three business days prior to the proposed date for delivery of the Policy, Financial Security shall receive for Its review and approval (i) the verification letter, of which Financial Security shall be an addressee, by an' independent firm of certified public accountants which is either nationally recognized or otherwise acceptable to Financial Security, of the adequacy of the escrow established to provide for the payment of the Refunded Bonds in accordance with the terms and provisions of the Escrow Deposit Agreement (the "Original Verification")*, (ii) copies of the subscription forms for the purchase and issue of U.S. Treasury Securities - State and Local Govemment Series which have been stamped as received by the Bureau of Public Debt, (iii) the form of an opinion of Bond Counsel addressed to Financial Security (or a reliance letter relating thereto) to the effect that, upon the mailing of the required deposit to the escrow, the legal defeasance of the Refunded Bonds shall have occurred and (Iv) the form of an opinion of Bond Counsel addressed to Financial Security (or a reliance letter relating thereto) to the effect that the Escrow Deposit Agreement Is a valid and binding obligation of the parties thereto enforceable in accordance with its terms. An executed copy of each of such opinion and reliance letter, if applicable, shall be forwarded to Financial Security together with the opinion requested by Condition 5 hereof. • In the event an FPC Is employed the Original Verification should also verify the adequacy of the FPO securities to pay the portion of debt service on the Refunded Bonds to which the FPC relates. L:ILEGAL.WIUNISISTATE6VL%47545_o.doc PRELIMINARY AGENDA Clearwater City Commission Worksession - 9:00 A.M. - Monday, October 15, 2001 rvice Awards Convene as Pension Trustees: 1. Call to Order 2. Approval of Minutes: 09/04/01 3. Request for acceptance into membership: Scott O'Hare, Patrick Pothier, Darrell Goodin, Richard Kephart, Brian Matherly, Modesto Gonzalez, Seth Eigenmann, Debra Davis, Douglas Alvarez, David Kessinger, John Schroeder & Frederick Hemerick 4. Regular Pension(s) to be granted: Linda Lange, Deloris Butler-Moody, Janis Przywara & James Maglio 5. Award contract to Christiansen & Dehner, P.A., in the estimated amount of $30,000 for legal services for the Board of Trustees of the Employees' Pension Plan; 10/1 /01 - 09/30/02 6. Other Business . 7. Adjourn Reconvene Worksession FN FINANCE 1 . Res #01-39 - Capital Improvement Refunding Bonds (Consent) SBS STRATEGIC BUSINESS SERVICES 1 . Approve the transfer of Gas System funds in the amount of $1,035,000 between capital improvement projects of the Gas Fund (Consent) t Approve JPA with FDOT to relocate natural gas mains during improvement project at an estimated cost of $85,962.50 and adopt Res #01-37 (Consent) MR MARINE 1 . First Reading Ord. #6878-01 amending Code of Ordinances extending slow down wake zone north to the Clearwater Pass Bridge (Consent) PD POLICE 1 . Re-appoint William Schwob to the Board of Trustees, Clearwater Police Supplementary Pension Fund (Consent) PR PARKS AND RECREATION 1. Award construction contract for new Recreation and Aquatics Center at Ray Green Field to GLE Construction Services, Inc. of Tampa for $2,990,065 (Consent) 2. Award construction contract for new Recreation and Aquatics Center at Ray Green Field to Pool People Commercial Inc. of Pompano Beach for $626,792 (Consent) 3. Approve naming City property located at 900 North Greenwood Ave., "North Greenwood Recreation and Aquatics Complex", approve naming the Aquatics Center the Ray Green Aquatics Center and name the gymnasium courts, Terrence Griggley Court and Dr. Joseph Carwise Court. (Consent) PW PUBLIC WORKS Stormwater Rate Study Briefing (Worksession) Public Hearing & First Reading Ord #6839-01 - Vacating the alleys and easements on the subject property, subject to the applicant providing an easement over all existing and proposed utilities Mtg. Date 10/15/01 1 Rev. date 10/12/01 and the applicant assuming the cost of relocation of public and private utilities (Church of Scientology Religious Trust, V2001-17) - Cont. to 11/15/01 ?. Public Hearing & First Reading Ord #6875-01 - Vacating the 10 fit. alley lying adjacent to the north property lines of Lots 25-28 of Sunset Point Replat from the west property line of Lot 25 on the west to the west property line of the Pinellas Trail on the east (All Around Your Home, Inc., V2001-20) 4. Public Hearing & First Reading Ord #6879-01 - Vacating portions of the rights-of-way of Ewing Ave., Park St. and Pierce St. to retain a utility easement over the full width of Pierce St. (City of Clearwater, V2001-21) 5. Approve agreement with FDOT for relocation of potable water and sewer facilities on US 19 (CSX RR to south of Enterprise Rd.) and adopt Res#01-38 (Consent) 6. Award contract for the Reservoirs 1, 2 & 3 Monochlorarnine Disinfection Project (01-0025-UT) to Cole Engineering & Constructors Corp. for $1,379,664 (Consent) 7. Ratify and Confirm the approval of Change Order No. 1 to Contract No. 00-0029-UT, 2000 Reclaimed Utility Improvements, with A&L Underground, Inc. in the amount of $803,000 (Consent) PLD PLANNING 1.. Fulton Apartments Briefing -- Planning Dept. 2. Public Hearing & First Reading Ord # 6847-01, #6848-01 & #6849-01 - Annexation (& redefining boundary lines of City to include said addition), Land Use Plan Amendment to Residential Low Medium & MDR Zoning, 1312 State St., E.A. Marshall Sub., the southerly 71 ft. of Lot 10 (Clearwater Village L.C.) ANX 01-07-13 3. Public Hearing & First Reading Ord #6850-01, #6851-01 & #6852-01 - Annexation (& redefining boundary lines of City to include said addition), Land Use Plan. Amendment to Residential Urban & LMDR Zoning, 1015 Ridge Ave., Highland Pines Sub., Blk 5, Lot 9 (Don Strom) ANX 01-07-014 Public Hearing & First Reading Ord #6860-01, #6861-01 & 6862-01 -Annexation (& redefining boundary lines of City to include said addition), Land Use Plan Amendment to Residential Low & LMDR Zoning, 2666 North Terrace Dr., Pinellas Terrace Sub, Lot 4 together with the right-of-way of North Terrace Dr. abutting Lots 1-4 (Donna J. Wellman) ATA ANX 01-07-15 5. Public Hearing & First Reading Ord #6863-01, #6864-01 & #6865-01 - Annexation (& redefining boundary lines of City to include said addition), Land Use Plan Amendment to Residential Low & LMDR Zoning, 2672 North Terrace Dr., Pinellas Terrace Sub., Lot 5 together with abutting right-of- way (Elisabeth Glisson) ATA ANX 01-07-16 6. Public Hearing & First Reading Ord #6866-01, #6867-01 & #6868-01 - Annexation (& redefining boundary lines of City to include said addition), Land Use Plan Amendment to Residential Low & LMDR Zoning, 2678 North Terrace Dr., Pinellas Terrace Sub., Lot 6 together with abutting right-of- way (Alicia A. Medeiros) ATA ANX 01-07-17 - Cont. to 11115/01 7. Public Hearing & First Reading Ord #6872-01, #6873-01 & #6874-01 - Annexation (& redefining boundary lines of City to include said addition), Land Use Plan Amendment to Industrial Limited & IRT Zoning, 1245 Hercules Ave., Sec. '12-29-15, M&B 13.051 (Sabadosh Enterprises, Inc.) ATA ANX 01-07-19 8. Approve the modifications to the 1997-1999 three year Local Housing Assistance Plan pertaining to rental rehabilitation, and modifying the 2000-2002 Plan (Consent) CA LEGAL DEPARTMENT 1. Authorize a settlement from Lockheed Martin, IMS Pinellas Works for $95,000 (Consent) 2. Authorize a settlement of Aquamarine Swimming Pool Co. v. Oakhurst Construction Co. Inc. (and City) for $81,696.05, plus interest, and receipt by City of warranties on swimming pool shell (Consent) Mtg. Date 10/15/01 2 Rev. date 10/12/01 r Second Reading Ordinances Ord #6858-01 - Vacation (City of Clearwater - V2001-18) Ord #6859-01 - Vacation (City of Clearwater - V2001-19) Ord #6905-01 - Amending Sec. 4.23, Aircraft takeoffs and landings Other City Attorney Items City Manager Verbal Reports Commission Discussion Items 1 . City Manager Evaluation (Thursday Only) 2.. City Attorney Evaluation (Thursday Only) 3. Commission Visioning Session - Commissioner Jonscn (Worksession Only) Presentation(s) for Thursday Night 1 . Savvy award from the City-County Communications & Marketing Association (3CMA) for the City's employee newsletter 2. United States Tennis Association (USTA) award to the McMullen Tennis Complex Other Commission Action Adjourn Mtg. Date 10/15/01 3 Rev. date 10/1 2/01