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11/15/2001COMMISSION Agenda: 11/15/01 Agenda Coversheets for microfilm.doc note: CRA agenda pack is kept separate. Agenda Coversheets for microfilm.doc note : Pension Trustees agenda pack is kept separate. Agenda Coversheets for microfilm.doc ACTION AGENDA - CLEARWATER CITY COMMISSION MEETING Thursday, November 15, 2001 - 6:00 P.M. - Commission Chambers ITEM #1 - Invocation - Reverend Bill Anderson of Calvary Baptist Church ITEM #2 - Pledge of Allegiance - Mayor. ITEM #3 - Introductions and Awards - None. ITEM #4 - Presentations Given a) We Care Fund - Customer Service b) FRPA - Agency Excellence Award c) Main Street Volunteer of the Year ITEM #5 - Approval of Minutes - 11/1/01 & Atty/Client 10/4/01 & 11/1/01 ACTION: Minutes Approved ITEM #6 - Citizens to be heard re items not on the Agenda Darlene Cole, Elizabeth France, and David Browder thanked the City for efforts to clean up Crest Lake Park and address code violations, requested help dealing with the homeless, and said silt had compromised the recent Allen's Creek repairs. Ron Delp recommended the Commission be more cognizant of their fiscal responsibility, future plans, and exceptions to the Beach by Design. ITEM #7 - Public Hearing & Second Reading Ord #6855-01 - Increasing the residential and commercial Stormwater Utility rate to $6.13 per Equivalent Residential Unit (ERU) beginning 01 /01/2002, to $7.16 per ERU beginning 10/01 /2002, to $8.01 per ERU beginning 10/01 /2003, to $8.65 per ERU beginning 10/01/2004 and to $9.35 per ERU beginning 10/01/2005. (CA) ACTION: Ordinance adopted ITEM #8 - Public Hearing & First Reading Ord #6866-01, 6867-01, 6868-01 - 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). (Alicia A Medeiros) ATA ANX 01-07-17 WILD) ACTION: Approved. Ordinances passed 1st reading. ITEM #9 - Public Hearing & First Reading Ord #6869-01, 6870-01, 6871-01 - Annexation, Land Use Plan and Zoning Atlas Amendments for 2684 North Terrace Drive, (Lot 7, Pinellas Terrace in Section 05, Township 29 South, Range 16 East). (Pamela L Rakes) ATA ANX 01-07-18 (PLD) ACTION: Approved. Ordinances passed 1st reading. ITEM #10 - Public Hearing & First Reading Ord #6882-01, 6883-01, 6884-01 - Annexation, Land Use Plan and Zoning Atlas Amendments for 2880 Union Street (consisting of South one-half of east one-half of southeast of one-quarter of the southwest one-quarter of the quarter of Section 32, Township 28 South, Range 16 East) (Mattie E Johnson) ATA ANX 01-07-20 (PLD) ACTION: Approved. Ordinances passed 1st reading. ITEM #11 - Public Hearing & First Reading Ord #6885-01, 6886-01, 6887-01 - Annexation, Land Use Plan and Zoning Atlas Amendments for 1328 Parkwood Street (Lot 17, Block A, Pine Ridge Subdivision in Section 10, Township 24 South, Range 15 East) (Monica O Plange) ATA ANX 01-07-21 (PLD) ACTION: Approved. Ordinances passed 1st reading. Action Agenda 1 1-15-01.doc . 1 11/16/01 ITEM #12 - Public Hearing & First Reading Ord #6888-01, 6889-01, 6890-01 - Annexation, Land Use Plan and Zoning Atlas Amendments for 1712 El Trinidad Drive East (Lot 4, and the South 5 feet of Lot 5, Block 2, Virginia Grove Terrace in Section 05, Township 29 South, Range 16 East), (Anne Marie Wedemen) ATA ANX 01-07-22. (PLD) ACTION: Approved. Ordinances passed 1st reading. ITEM # 13 - Public Hearing & First Reading Ord #6891-01, 6892-01, 6893-01 - Annexation, Land Use Plan and Zoning Atlas Amendments for 1716 El Trinidad Drive East (Lot 5, less the south 5 feet thereof, Block 2, Virginia Grove Terrace in Section 05, Township 29 South, Range 16 East) (facie S. Wiegand) ATA ANX 01-07-23. (PLD) ACTION: Approved. Ordinances passed 1st reading. ITEM #14 - Public Hearing & First Reading Ord #6894-01, 6895-01, 6896-01 - Annexation, Land Use Plan and Zoning Atlas Amendments for 1713 El Trinidad Drive East, (Lot 4, less the East 32 feet thereof, Block 1, Virginia Grove Terrace in Section 05, Township 29 South, Range 16 East). (Willard S Prewitt & Donna M Prewitt) ATA ANX 01-07-24 (PLD) ACTION: Approved. Ordinances passed 1st reading. ITEM #15 - Public Hearing & First Reading Ord #6899-01, 6900-01, 6901-01 - Annexation, Land Use Plan and Zoning Atlas Amendments for 1864 West Drive (Lot 3, Block C, Clearwater Highlands Unit "B" in Section 04, Township 29 South, Range 15 East) (Kerstin E Braun, Michael E Beard, Larry L Beard) ANX 01-08-25 (PLD) ACTION: Approved. Ordinances passed 1st reading. ITEM #16 - Public Hearing & First Reading Ord #6902-01, 6903-01, 6904-01 - Annexation, Land Use Plan and Zoning Atlas Amendments for 1517 Country Lane East (Lot 6, Country Lane Subdivision in Section 08, Township 29 South, Range 16 East) (Katherine B Horner) ANX 01-08-26 (PLD) ACTION: Approved. Ordinances passed 1st reading. ITEM #17 - 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: Approved. Ordinance passed 1st reading. ITEM #18 - Public Hearing & First Reading Ord #6917-01 - Adoption of Amendments to Beach by Design: A Preliminary Design for Clearwater Beach and Design Guidelines. (PLD) ACTION: Approved. Ordinance passed 1st reading. 4:1 (EH) ITEM #19 - Public Hearing & First Reading Ord #6912-01 - Zoning Atlas Amendment for 501 Mandalay Avenue (Yacht Basin Subdivision, Lots 1 through 9) (Greenmack Clearwater, LLC) Z01-09-03 (PLD) ACTION: Approved. Ordinance passed 1st reading. ITEM #20 - Public Hearing & First Reading Ord #6897-01, 6898-01 - Land Use Plan Amendment and _Rezoning for properties at 826 & 832 Woodlawn Street; 15'l 7 Tilley Avenue & 1520 Prospect Avenue consisting of Metes & Bounds 32/02, 32/07, 32/08, Lots 11 & 12, Block C, Second Addition to Belmont Subdivision, and Lots 43 & 44, Block C, Second Addition to Belmont in Section 22, Township al 1 b01 2 11/15/01 29 South, Range 15 East. (Woodlawn Church of God; Representative: Pastor Randy Morris) LUZ 01-08- 06 (PLD) ACTION: Approved. Ordinances passed 1st reading. Public Hearing - Second Reading Ordinances ITEM #21 -(Cont`d from 11/01/01) - 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) (CA) ACTION: Ordinance adopted ITEM #22 - Ord #6877-01 - Vacating the 30 foot roadway, drainage and utility easement lying along the South property line of M&B parcel 22/01 and the North property line of M&B parcel 22/21 in Section 16, Township 29 S., Range 16 E. (First Baptist Church of Clearwater, Inc. V2001-24-) (CA) ACTION: Ordinance adopted ITEM #23 - Ord #6880-01 - Vacating the 10 foot alley which lies adjacent to the East property lines of Lots 9 through 13, inclusive, Block 2, J.H. Rouse's Subdivision, as recorded in Plat Book 4, Page 90 of the Official Records of Hillsborough County, Florida of which Pinellas County was formerly a part. (Howard Jimmie V2001-22) (CA) ACTION: Ordinance adopted 4:1 (BJ) ITEM #24 - Ord #6881-01 - Vacating the North 17 feet of a 27 foot drainage and utility easement lying along the South property line of Lot 27, Walden Woods Subdivision, as recorded in Plat Book 70, Page 49 of the Official Records of Pinellas County, Florida, less the East 10 feet and the West 10 feet thereof. (O'Hyrn V2001-23) (CA) ACTION: Ordinance adopted ITEM #25 - Ord #6915-01 - Providing for Water and Sewer Revenue Bonds to be issued in one or more series to fund the system capital improvements, and amending Ordinances 3674-84, 5355-93 and 6311-98. (CA) ACTION: Ordinance adopted CITY MANAGER REPORTS CONSENT AGENDA (Items #26 - 35) - Approved as submitted less Item #35 ITEM #26 - Approval of Purchases (& Declaration of Surplus) per Purchasing Memorandum: 1). Mansfield Oil company purchase contract diesel fuel & gasoline; 12/26/01 - 12/15/02; $950,000 (PUR) 2) Container System & Equipment Company, Inc purchase of 2002 International 2700 cab and chassis with 23 yard recycling body; $313,968 (PUR) 3) Declare surplus and authorize disposal through trade-in. (PUR) ITEM #27 - Increase the award of contract to URS Corporation Southern, Tampa, Florida, from $359,135 to $521,979 an increase of $162,844 for additional soil remediation at 901-927 Cleveland a1 1 b01 3 11 /15/01 Street (Parcel B) that is owned by the Community Redevelopment Agency, in accordance with Sec. 2.564 (1)(e), Code of Ordinances - impractical to bid. (Dimmitt/Balk) (ED) ITEM #28 - Approve five-year Lease Agreement for Thomas C and Patricia A Wolkowsky, d/b/a Marina Restaurant for five (5) year period, for the total sum of $91,501.80, plus yearly Consumer Price Index increases. (MR) ITEM #29 - Approve change order #1 in the amount of $184,644 for existing storm pipe replacement for the N. Greenwood Reclaimed Water & Corridor Enhancements (01-0029-EN) to Steve's Excavating & Paving of Clearwater, Florida. (PW) ITEM #30 - Approve a contract with Clearwater Housing Authority ("CHA") to purchase two parcels of real property: (Parcel 1): a portion of Block "A", Coachman Heights Revised Subdivision, as more particularly described therein, for $1,250,000, plus approximately $15,500 for title insurance and closing expenses, and estimated moving and relocation expenses up to $102,000 for CHA and four tenants, for a total acquisition amount of $1,367,500, and (Parcel 2): Lot 3, Block H, Avondale Subdivision to be conveyed in consideration of the City satisfying of record a $100,000 mortgage lien encumbering Parcel 1, plus estimated expenses of $1,875 for a Phase I environmental audit and closing costs, with total transaction costs for both parcels not to exceed $1,369,375. (PW) ITEM #31 - Approve Tampa Bay Engineering Work Order for Engineering Design Services for Rehabilitation of Sanitary Sewer Pump Station Number 55 and new 12-inch force main in the amount of $145,495. (PW) ITEM #32 - Authorize the City Attorney's Office pursuant to Clearwater Code of Ordinance, Section 2.036 (2) to initiate a civil action for outstanding amounts due to the city of Clearwater from Metal Culverts, Inc for natural gas account # 4071416.) (CA) ITEM #33 - Request for authorization to obtain outside counsel regarding Granite State Outdoor Advertising vs. City. (CA) ITEM #34 - Authorize settlement of Boucher v. City of Clearwater, Case No. 00-00-8033-CI-15, for payment by City of $75,000 in exchange for full releases from plaintiffs and dismissal of action with prejudice. (CA) ITEM #35 - Award a contract of the "Mandalay Avenue/Papaya Street/San Marco Street Reconstruction" (01-0019-EN) to Keystone Excavators, Inc of Oldsmar, Florida for the sum of $1,747,000 which is the lowest responsible bid received in accordance with the plans and specifications, and award a contract to Camp, Dresser & McKee, Inc. of Tampa, Florida, Engineer of Record (EOR) to provide construction administration services for the sum of $138,643 and award a contract to Post, Buckley, Schuh & Jernigan, Inc. of Tampa, Florida, EOR, to provide construction engineering and inspection services for the sum of $241,277.68 for a total project sum of $2,126,920.68. (PW) ACTION: Approved. OTHER ITEMS ON CITY MANAGER REPORT a1 1b01 4 11115/01 ITEM #36 - Res. #01-21 Establishing the intent to reimburse certain stormwater project costs incurred with proceeds of future tax-exempt financing. (FN) ACTION: Approved. Resolution adopted ITEM #37 - Award a contract for consultant services in the amount of $2,556,533 to HDR Engineering, Inc. of Tampa, Florida for property management, acquisition of mobile homes and relocation for development of the Kapok Wetland and Floodplain Restoration Project. (PW) ACTION: Approved. ITEM #38 - Environmental Advisory Board - 1 Appointment ACTION: Appointed Clorinda (Cookie) Gilreath. ITEM #39 - Parks and Recreation Board.- 1 Appointment ACTION: Appointed James D. Appelt. ITEM #40 - Other Pending Matters - None. CITY ATTORNEY REPORTS ITEM #41 - Other City Attorney Items - None. ITEM #42 City Manager Verbal Reports City Manager reported a December conference at Harborview Center will attract 1,200 employees of a tool company plus 500 vendors City Manager requested Commission feedback on list of project initiatives staff will try to accomplish by the end of December. ITEM #43 - Other Commission Action Hart said he had participated in the Frenchy's Open and thanked Frenchy's for its sponsorship. Gray said she had attended the Library Foundation's annual luncheon today and reported the cookbooks have sold out. Gray complimented staff for hosting a public meeting on the beach regarding a pedestrian bridge. Jonson stated he is attending the Florida League of Cities legislative conference and reported legislative priorities are redistricting, budget, homeland security, and economic development. Jonson recommended City Commission representation at all Suncoast Municipal League and Mayor's Council meetings. Janson reported re the worksheet he had distributed, the Commission ranked City Manager prioritized goals and objectives: 1) public safety; 2) infrastructure maintenance; 3) economic development; 4) quality of life; and 5) human resources. Jonson requested a discussion be agendaed for a work session regarding procedures related to Commissioners bringing forward items for consideration. Jonson said language in the National Estuary Program Resolution was modified and encourages SWFWII/ID to increase reclaimed water project funding to protect Tampa Bay. Jonson said a New Jersey attendee to St. Petersburg's National Estuary Program indicated his impression of the area had improved dramatically since his visit here in the 1980s. all 1b01 5 11/15/01 Jonson said he enjoyed his participation in yesterday's Great American Teach-In. Jonson, Hamilton, and Aungst thanked the South Clearwater Progressive Citizen's group for hosting yesterday's thanksgiving dinner. Jonson said he had attended the Sergeant Allen Moore Safe House Annual Meeting and Banquet where the speaker discussed youth assets. The organization expressed thanks for Police Department community efforts. Jonson said Lexington Club residents enjoy their homes and appreciate provided subsidies. Jonson and Aungst invited residents to participate in next week's Turkey Trot. Jonson reviewed blessings associated with Thanksgiving and encouraged residents to be generous with those less fortunate. He expressed gratitude for opportunities availed him as a Commission member. Hamilton and Aungst invited residents to the Harborview Center from 11 /20 - 25/01 to attend the Festival of Trees, which benefits community children's programs. Hamilton and Aungst wished the City a happy and safe Thanksgiving. Aun st requested permission to attend the Conference of Mayors at the end of January 2002. He will not be able to attend that week's Commission meeting. Consensus was to approve the trip. AungsT said on 11/3/01, he attended the American Heart Association kick-off at the Ice Palace, a welcome at Coachman Park for the Native American Festival, and then modeled in a fashion show to benefit the Marine Science Center. Aungst said on 11/13/01, he participated in the Salvation Army kettle kick-off campaign at Station Square Park and encouraged residents' generosity. Aungst reported the Greater Clearwater Public Library Foundation held its annual meeting today at the Island Way Grill. Aun st said today, the annual Turner Award for Excellence honored Paramedics of the Year, Lead Medic Gary Spence, and Paramedics James "Brent" Bronson and Gerard DeVivo. Aun st said downtown holiday lights will be turned on at the "Lightacular" at Station Square Park on 11/23/01, at 6:00 p.m. Aungst said the groundbreaking for the Sand Key Fire Station is scheduled for 11/27/01 at 2:00 p.m. Aungst said on 11/30/01, the City will welcome to City Hall, the Russian Leadership delegation, who will be here to learn about city and county governments, courtesy of the Friendship Force of the Suncoast. Aungst said the groundbreaking for the new downtown Publix will be celebrated on 11/30/01 at 12:00 noon. Aungst said on 12/1 /01, the Holiday Bazaar and Family Festival will take place downtown between 9:00 a.m. and 8:00 p.m. Aungst said a 97X concert is scheduled for 12/2/01 at Coachman Park. Aun st said on 12/6/01, the Commission will participate in the Christmas Parade at Bayview Gardens. Aungst said the City's annual holiday parade will take place on 12/7/01. Aun st said Holiday Sights and Sounds at Coachman Park is scheduled for 12/8/01. Aungst reported the next work session is scheduled for 12/10/01. ITEM #44 - Adiournment - 9:35 p.m. a1 1 b01 6 11/16/01 City Commission Meeting 11-15-O1 note: 11-13-01 Preliminary (Worksession) Agenda and paperwork that was in package initially but then not continued onto Thursday's agenda is at the back of this agenda pack. Agenda Coversheets for microfilm.doc 10 3 CITY OF CLEARWATER Interdepartmental Correspondence TO: Mayor and Commissioners A FROM: Cynthia E. Goudeau, City Clerk SUBJECT: Follow up from November 13, 2001 Work Session COPIES: William B. Horne, City Manager DATE: November 14, 2001 In response to questions raised at the November 13, 2001 Work Session, the following answers are provided in final agenda order: Item #17 - Ordinance 6839-01 - vacation of alleys and easements: Church of Scientology Religious Trust - The County property adjacent to the Church of Scientology contains nothing more than a surface parking lot. Item #19 - Ordinance 6912-01 - Yacht Basin Subdivision, Lots 1 thru 9 (Greenmack Clearwater, LLC) -- a set of plans will be placed in the Commission Office Item #25 - Ordinance 6915-01 -- Water and Sewer Revenue Bonds -- Comparison of interest cost for 30 year and 15 year bonds will be presented at the Commission meeting on Thursday. Item #37 -- Award contract to HDR Engineering, Inc. re Kapok Wetland and Floodplain Restoration Project - This item could not be placed on the consent agenda because Resolution 01-21 (Item #36) needs to be adopted first. Miscellaneous - Gina Clayton spoke with representatives of the County regarding the boundaries of the Gulf Boulevard beautification project. No changes have been made and the project still begins at the Causeway/Roundabout. Nfiscellaneous - The refund to Harborview was a credit for overpayment of the gas bill, Stormwater Bonds Comparison by Final Bond Maturity 15 years 20 years 30 years Level Level Level All Inclusive Interest Rate (AIC) 4.20% 4.56% 4.93% Approx. Annual Payment $ 2,070,000 $ 1,750,000 $ 1,460,000 Approx. Total Interest $ 7,956,000 $ 11,943,000 $ 20,742,000 Present Value of payments $22,696,514.29 $22,645,997.98 $22,623,983.57 (using AIC) 11 /1 M. Simmons 5101 k I a T 2nd Reading ORDINANCE NO. 6855-01 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, RELATING TO THE SCHEDULE FOR STORMWATER UTILITY RATES; AMENDING APPENDIX A, ARTICLE XXV PUBLIC WORKS--FEES, RATES AND CHARGES; SECTION (3)(e) STORMWATER MANAGEMENT UTILITY RATES, CLEARWATER CODE OF ORDINANCES; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Clearwater's Stormwater Utility was established effective 1991 and on August 6, 1998 Ordinance 6309-98 was passed increasing Stormwater Utility rates to $4.00 per ERU beginning 10/1/98 and establishing a series of four subsequent 4.3 per cent increases to be effective 10/1/1999 ($4.17), 10/1/2000 ($4.35), 10/1/2001 ($4.54) and 10/1/2002 ($4.73); and WHEREAS, the revenue sufficiency and financial forecast analysis in 1998 captioned that funding a $30 Million capital improvements program every 5 years after FY 2003 would require a perpetual annual rate increase of from 11 % to 11.5%, and Burton and Associates has completed a five year revenue sufficiency update and financial forecast analysis which recommends early consideration of a rate increase due to higher than anticipated infrastructure, operating and maintenance costs, and additional capital improvement costs beyond what had originally been projected and approved; and WHEREAS, the increases are necessary to provide funding for $72.4 million of capital improvement projects to abate severe street and in structure flooding, improve water quality, add, restore or upgrade stormwater infrastructure and comply with mandated changes in operating, maintenance and reporting requirements; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: . Section 1. Appendix A, Article XXV, PUBLIC WORKS--FEES, RATES AND CHARGES, Section (3)(e) Stormwater Management Utility Rates, Clearwater Code of Ordinances, is amended as follows: (3) Rates: (e) Stormwater management utility rates. The stormwater management utility rates shall be based upon the revenue requirements for the construction, administration, management, engineering, operation and maintenance of the stormwater management system, and the adopted capital improvement program Ordinance No. 685-0I funding needs of the system. For the purposes of these rates, the terms shall have the meanings set forth in section 32.242 or, if not defined in section 32.242, in sections 32.002 or 1.02. 1. Basic rate. The rate per month for one equivalent residential unit or ERU shall be established as specified below: Effective 1/1/02 10/1/98 -FL-O/1/02 10/1/99 10/1/03 10/1/2088 10/1/04 10/1/2004 10/1/05 10/1/20822 Per ERU 6.13 $4-:98 7.16 $44q 8.01 S4-.3-55 8.65 S4-44 9.35 $47-7-3 2. Residential property fees. The monthly fee for each residential property shall be: Single-family ................ 1 ERU/dwelling unit Duplex units ........ 1 ERU/dwelling unit Condominium units ....... 1 ERU/dwelling unit Apartments .................. 1 ERU/dwelling unit Mobile homes ............. 1 ERU/dwelling unit 3. Nonresidential property fees. Nonresidential property shall be charged on the basis of the impervious area of the property in accordance with the following formula: Impervious area (sq. ft.) divided by 1,830 sq. ft. = Number of ERU's. A minimum value of 1.0 ERU shall be assigned to each nonresidential property. The impervious area of each nonresidential property shall be as determined by the city engineer. ERU's shall be rounded to the nearest one-tenth of a unit. 4. Undeveloped property. Stormwater management utility fees shall not be levied against undeveloped property pursuant to this article. Section 2. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING November 1, 2001 2 Ordinance No. 6855-01 PASSED ON SECOND AND FINAL READING AND ADOPTED Brian J Aungst Mayor-Commissioner Approved as to form: aHayman Assistant City Attorney Attest: Cynthia E. Goudeau City Clerk 3 Ordinance No. 6855-01 Brink, Carolyn COPIES TO: From: Tarapani, Cyndi Sent: Thursday, November 15, 2001 1:01 PM NOV 1 5 2001 To: Ciayton, Gina; Goudeau, Cyndie; Brink, Carolyn Subject: FW: 11 AS meeting Importance: High PRESS CLERK / ATTORNEY Just wanted you all to know that I left a voice mail message for Ms. Medeiros just now stating that only the City Commission could decide tonight whether or not to continue the case. I further told her that I would not recommend to the CC to continue the case. Just wanted you to know this info because I am out of the office and won't return until about 3:30 pm. Gave Ms. Medeiros Gina's number to call. Sorry!!! -----Original Message----- From: Diana, Sue Sent: Thursday, November 15, 2001 12:07 PM To: Tarapani, Cyndi Subject: FW: 11/15 meeting Importance: High -----Original Message----- From: A Medeiros [mailto:alicia.medeiros@excite.com] Sent: Thursday, November 15, 2001 7:15 AM To: citycomm@clearwater-fl.com; baungst@clearwater-fl.com; ehart@clearwater-fl.com; wgray@clearwater-fl.com; hhamilto@clearwater-fl.com; bjonson@clearwater-fl.com Cc: amedeiro@co.pinellas.f.us; amedeiro@helios.acomp.usf.edu Subject: 11/15 meeting Dear Commissioners: My property at 2678 Terrace Dr N is scheduled to be annexed at your meeting this evening. Due to time constraints and other obligations, I cannot attend this meeting as I work full-time and am also a student at USF. Please defer or continue this meeting for 30 days until your 12/13 meeting, when I will be able to attend. I am at work today during the day. Please feel free to call me at work at 464-4761. Thank you very much for your consideration. Sincerely, Alicia Medeiros a 9h'?ITE Clearwater City Commission Agenda Cover Nlemorandum i Work session Item #: t-' Final Agenda Item # 2 Meeting Date: 11-15-01 SUBJECT/RECOMMENDATION: • 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. (CC ATA ANX 01-07-17) FNI and that the appropriate officials be authorized to execute same. SUMMARY: On October 18, 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 property. At that time, this property was located outside the municipal boundaries of the City of Clearwater and did not meet 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 requires 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. A land use plan designation of Residential Low is proposed along with a zoning category of Low Medium Density Residential (LMDR). 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 this property. Reviewed by: Originating Dept: Costs Legal a-z? Info Srvc N/A PLANNING DEPARTMENT ETIM S. U 0 Total Budget N/A Public N/A User Dept. Funding Source: Works Purchasing N/A DCM/ACM Current Cl FY Risk Mgmt N/A Other Attachments OP ORDINANCES NO. 6866-01, Other 6867-01 & 6868-01 STAFF REPORT Submitted by: City Manager ) L,0-.- - ? None Approp riation Code: % Printed on recvcled oaoer Rev. 7/98 CC ATA ANX 01-07-17 Alicia A. Medeiros November 15, 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 (PPQ and Pinellas County staff according to the provisions of 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 applications are consistent with the Comprehensive Plan. A 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 will review the proposed annexation at its regularly scheduled meeting on November 13, 2001 and make a recommendation to the Commission. The Planning Department will report the recommendation at the City Commission meeting. 2 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 ccnplied 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 Appro ed as to form: Leslie K. Dougall- ides Assistant City Attorney Brian J. Aungst Mayor-Commissioner Attest: Cynthia E. Goudeau City Clerk Ordinance No. 6856-01 ?( 7 I I . 171-2375j I 1 g ll------ O f 10 -J Q U 11 II A : . f362?t•-13 -13 l ? 14, l? . - 7106 369 1L _...: f. I E ' l r U1J.' 7-116 ', f ' tit. - f 1 r - ? 331/0.3 I ? I I ? L F- - 3,3/052 ( - , i l i,• I 11 ' I I 9 I ! ` i =d , 5j051 I i \ 33 T05 T7 5 i ? II _v • 766 j-133-1 I I t--- i ?' 1 III ?? { f! I A, y iil I I I I f' I t j 3 !?I J W_ i f 14 _ '• 5E?G f 4?f(I i CE 1? I? 3-? 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U1 • f I' 11..,' I i 1.4 j 9893 ' 57 J E.. 62 39 l i 3 ..5728-11C3 0. 1 I I : i'i a CGS 1 f, '61 _ W: _ 4o:i f.::"3.,. 1535-t40[Jr L6958-414 - " ?; =t1&3a :• f.9' 584 Q i I C?1f z' `4 f 12 • z. .41 f ?- '33C5=^W2.A s 1 4. 19-50$. 9087-.775 k1 f. $4977s7 i s 7 '8377- 7i I f 'S8 q3 ! 0 ':5-f' g 5e9 22 • 334 1 f I I'' I. J 11' l 1 8 5685-601 A, 6853-i55x 71C 7.2 l I 57 4.[93-29-.0998'. 05 .. -0199. t l 1 - 23 : f f Q B'. l f I (-- , _?_ f f 10114-641 T. _ _f J r EsTfts. I 5103-292 7 3 -+56 45,8 - _ ?R. Eose.. 17l f A 837T-34i .1 U1 t_ F, 25 F f PROPOSED ANNEXATION AND ZONING CLASSIFICATION OWNER: Alicia Medeiros ICASE: ATA ANX 01-07-17 - --! - 2578 N. Terrace Drive SITE ? I PROPERTY SIZE (ACRES): 0.21 0 10 . R.D.W. SIZE (A . CRES): _ ZONING LAND USE I PIN: 05/29/1b/71424/000/0080 A-3 / County Rosidontlal Low LMDR TO: Residential Low ATLAS 264A I PAGE: Exhibit A Ordinance No. 6866-01 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 Appro d as to-form: Leslie K. Dougall-Sides Assistant City Attomey Brian J. Aungst Mayor-Commissioner Attest: Cynthia E. Goudeau City Clerk Ordinance No. 6867-01 w 0 WOODR 1NG i L /? 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 OFAIVAY 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 pert 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 immediateiy upon adoption, contingent upon and subject to the adoption of Ordinance No. 6866-01. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Brian J. Aungst Mayor-Commissioner Approved as to form: Leslie K. Dougall-Sid Assistant City Attorney Attest: Cynthia E. Goudeau City Clerk Ordinance No. 6868-01 Rp?! PROPOSED ANNEXATION AND ZONING CLASSIFICATION OWNER: Alicia Medeiros 1 CASE: ATA ANX 01-07-17 SITE: 2678 N. Terrace Drive ` PROPERTY SIZE (ACRES): 0.21 R.O.W. SIZE (ACRESY 0.10 ZONING LAND USE PIN: 05/29/18/71424/000/0080 FROM. R-3 / County Residential Low TO: LMDR Residential Low A rLAS 264A PAGE: Ordinance No. 6868-01 4M 't CDB Meeting Date November 13, 2001 Case No. ATA ANX 01-07-17 Agenda Item: B.3. 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 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) CDB ATA ANX 01-07-17 November 13, 2001 Page 2 UPDATE: Due to a defective legal notice, this case was continued from the October 16, 2001 Community Development Board Meeting. Revised legal notices were mailed to surrounding property owners and advertised in the newspaper. No substantive changes have been made to this staff report. BACKGROUND INFORMATION: On October 18, 1996, Ms. Alicia A. Medeiros 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 ATA requires the City to give the property owner 60 days written notice of its intent to annex this property. A notice letter was sent to Ms. Alicia A. Medeiros, the current owner of the property, on July 5, 2001 and 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 to the west following the annexation of 2672 North Terrace Drive. The annexation is therefore consistent with Florida Statutes with regard to the requirements for voluntary annexation. An existing single-family detached dwelling occupies the subject property and a land use designation of Residential Low is proposed along with a zoning category of Low Medium Density Residential (LMDR). CDB ATA ANX 01-07-17 November 13, 2001 Page 3 IMPACT ON CITY SERVICES Water and Sewer The City of Clearwater has been providing sewer service to the subject property since October 18, 1996. The City's ability to serve the site was documented through the Agreement to Annex and the owner paid the required sanitary sewer impact and assessment fees applicable at that time. 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. This annexation will not have any negative effect on public facilities. _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 it will be able to serve this property and the annexation will not adversely effect 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 it will be able to serve this property and the annexation will not adversely effect 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. H. 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 01-07-17 November 13, 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 Gevelopment 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 infi:ll 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 As stated earlier, the subject site is occupied by an existing single-family detached dwelling. It has a lot width of 83 feet and a lot area of 9,130 square feet. The zoning district appropriate for this site under the Community Development Code is the Low Medium Density Residential (LMDR) District. This district requires a minimum lot width of 50 feet and a minimum lot area of 5,000 square feet. The subject site exceeds the dimensional requirements of a standard development use in the LMDR zoning district and is therefore consistent with the Community Development Code and City regulations. 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 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 CDB ATA ANX 01-07-17 November 13, 2001 Page 5 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. 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. 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 2678 North Terrace Drive. 2. Recommend APPROVAL of the Residential Low plan category pursuant to the City's Comprehensive Plan. CDB ATA ANx 01-07-17 November 13, 2001 Page 6 3. Recommend APPROVAL of the Low Medium Density Residential (LMDR) zoning district pursuant to the City's Community Development Code. Prepared by: ffirn'A S . Odoh Senior Planner Attachments Application Aerial Photograph of Site and Vicinity Location Map Land Use Map Existing Surrounding Uses Zoning Atlas f Aerial Map NORTH 1 200' 17 lit 1*4 f^ ?•i :r 1.}: 1 -,,yr 'q'2:. ) {•? :.>r w •.h ' _ ,11 r. r<t?. .h...?, ,,:`• ?.,,c•n },jc .?+4 ur.rf•y -ii ??'.: f4• :1ij. _ Mtk ^ '' W nC. 06 t?ALI ?• ?y. .aid: e ? + jr• ., . ^? { ?? ~ IN '#`' ?i? ' . ? .., ? ` :.A'. • ^`'' ; tom. ` , - ? . ? • > ir ? .; .it ,:r `?°,?'ti`•aS?? ? f ,• tvt ' '?` "1^ Y".t1) kj, .i.. tit re "?,,+' - r! 5...? •r .l ??sJ?. •'I •,- '•4;? a,q,` ( - 1,? w ... <4 tt? fir... ,rLV, t ?7y?, ?.:?;??' t `? ?? :?"il,.,= -?df 1'•1 ,-,' Sim. •s, ti.?`! .? 1 NfS.t:??? ¢•n?:F 7v ti r •{ _ s f I.t• vft" 'w5 L , A F.t.?-i?: ;.T.: Ifj'¢j(i` ?^'... ?,??? ?, • ..t.M+'.•r r?MKJ :? tf ti S :1: W tllY"= ' s. E .1- c ??'• :• :;ate 5 P u xP. ."V. i??:L ;yyY' 1. ,t?f?, "44;$,f`tt•• .? ?t t,j?_tj• ? ?. •/ ^1: ;i?. ""? 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Eoae, _ I IA5377-341 25 e 9 PROPOSED ANNEXATION AND ZONING CLASSIFICATION OWNER: Alicia Medeiros CASE: ATA ANX 01-07-17 SITE: 2678 hl. Terrace Drive PROPERTY SIZE (ACRES): 0.21 R.O.W. SIZE (ACRES): 0.10 ZONING FROM: R-3 / County LAND USE Ftosidentlal Low PIN: 06/29/16/71424/000/0080 T0; LMDR Residential Low ATLAS 264A PAGE: ti 0 s r A A x c n C ro ro l!J mom? 0101111111011 ae•?suaa?aa• aaac 5 6 7 8 9 10 11 13 1 16 t 16 { 2 15 2 15 fr 3 14 3 14 '} 13 Q 4 13 0 5 12 5 12 z 0 / J 6 11 Q Z 6 11 V ? 1 ; 7 10 . V 7 10 ? . l¢ 8 g 8 9 J ;1f 1b 15 3 14 -`a 13 AV - Qj 6 1 1 7 10 8 g 16 16 15 2 15 3 14 3 14 i? 4 13 0. 4 1 TN S M NOT A 3 SURVEY 5 12 5 12 z z ?. . 6 11 6 ---14 uY) 7 10, 7 10: Of , .. 8 9. 9 1 r-- T MORNINGSIDE DRIVE' 8 14 15 7 18 19 20 21 22 23 24 25 26 27 -'imam / 6 ew a'? 1 2 3 4 5 7 / 18 O 267'8 ? - T ' 8 17 1 6 N. - TERRACE DRIVE , TERRACE DRIVE -' 65 64 37 36 15 . 9 16 15 1E 15 14 66 63 38 •35 10 14 14 .17 17 13 _ > 6 6 39 ° a 7. 2 34 18 13 ° 18 3 /03 12 11 13 z 11 a 68 61 40 33 ` CIA z 19. 12 v _ 1.2 /052 10 69 EO ¢ 41 0 13 11 .: w .20 :.. 11 .., . ZC 9 70 59 14 21, 10 2 42 8 71 58 43 30 15 9 .22 2: /051 . , .. 9 7 8 72 57. 44, 29 16 23- 8 6 7. 7 24 EXISTING SURROUNDING USES OWNER: Alicia Medeiros CASE : ATA ANX 01-07-17 SITE: 2678 N. Terrace Drive PROPE (ACRES): 0.21 R fZ IZE R 0 MV (AC E S): 0.10 ZONING LAND USE PIN: 05/28/18/71424/000/0060 FROM: R-3 / County Residential Low TO: LMDR Residential Low ATLAS 204A PAGE: 1 %3 4 5 ?5v 1q N`? b 14 13 12 W Q 0 WOODR I NG L NEB COUNTYWIDE FUTURE LANDS 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: SEPTEMBER 18, 2001 Reedin er, Sa hir From: Sent: To: Subject: Norman, Lois Thursday, November 15, Reedinger, Saphire FW: 11/15 meeting 2001 10:16 AM Information for 11/15/ item ----Original Message----- From: Brink, Carolyn Sent: Thursday, November 15, 2001 10:15 AM To: Diana, Sue; Norman, Lois Subject: FW: 11/15 meeting Sue and Lois, see below. ---Original Message----- From: Brink, Carolyn Sent: Thursday, November 15, 2001 10:01 AM To: Coudeau, Cyndie Subject: FW: 11/15 meeting Cyndie - who pulls this or can it be pulled? Does she have to be there? cb -----Original Message----- From: A Medeiros [mailto:alicia.medeiros@excite.comI Sent: Thursday, November 15, 2001 7:15 AM To: citycomm@clearwater-fl.com; baungst@clearwater-fl.com; ehart@clearwater-fl.com; wgray@clearwater-fl.com; hhamilto@clearwater-fl.com; bjonson@clearwater-fl.com Cc: amedeiro@co.pineilas.f.us; amedeiro@helios.acomp.usf.edu Subject: 11/15 meeting Dear Commissioners: My property at 2678 Terrace Dr Nis scheduled to'be annexed at`your meeting this evening. Due to time constraints,andt6ther obligations, I cannot attend this meeting as,I.,Work.fuh-time and am also a student at USF. Please defer or.contfnue.this meeting for 30 days until your 12/13 meeting,: when I will be''.abie`to: attend. I arn:at.V&k today during the day. Please feel free to call me at work at . 46411761 `.<: Thank you very much for your consideration. Sincerely;:.::.; Alicia Medeiros - Send a friend your Buddy Card and stay in contact always with Excite Messenger http://messenger.excite.com Nov 15 01 01:43p Pinellas County 727-4b4--bJUt P.1 A 6 kop? &_oji r ? Q.i, (. U 2Ec/C (,uC,-?e`? ? Gh'J m,'sS ?Uru Date: Thu, 15 Nov 2001 07:15:11 EST From: "A Medeiros" <alicia.medeiros@excite.com> Show full To: citycomm@clearwater-fi.com [Add to Address Book], baungst@clearwater-fl.c to Address Bookl, ehart@clearwater-fl.com fAdd to Address Book], wgray@clearwater-fl.com fAdd to Address Book], hhamilto@clearwater-fl.corr Address Book], bjonson@clearwater-fl.com fAdd to Address Book] Cc: amedeiro@co-pinellas.f.us [Add -to Address Book], amedeiro@helios.acomp.L [Add to Address Book] Subject: 11/15 meeting Dear Commissioners: My property at 2678 Terrace Dr N is scheduled to be annexed at your meeting this evening. Due to time constraints and other obligations, I cannot attend this meeting as I work full-time and am also a student at USF. Please defer or continue this meeting for 30 days until your 12/13 meeting, when I will be able to attend. I am at work today during the day. Please feel free to call me at work at 464-4761. Thank you very much for your consideration. Sincerely, Alicia Medeiros 512 S. Ft. Harrison Ave. Dept. Phone: (727) 464-4761 Accounting Phone (727) 464.3969 Fax; (727) 464.5301 E-mail: amedeiro®co.pinellas.ll.us Alicia Nledeiros Accountant Department of Environmental Management Clearwater, FL 33756 n? 5? S Maw ; _ a Clearwater City Commission Agenda Cover Mernorand um Work session Item #: ?} L D Final Agenda Item # Meeting Date: SUBJECT/RECOMMENDATION: 11-15-01 • Petition for Annexation, Land Use Plan and Zoning Atlas Amendments for 2684 North Terrace Drive (Lot 7, Pinellas Terrace in Section 05, Township 29 South, Range 16 East); Owner: Pamela L. Rakes. 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 2684 North Terrace Drive (Lot 7, Pinellas Terrace in Section 05, Township 29 South, Range 16 East) and PASS Ordinances No. 6869-01, 6870-01 & 6871-01 on first reading. (CC ATA ANX 01-07-18) Q and that the appropriate officials be authorized to execute same. SUMMARY: On December 1, 1983 Mr. Frank J. Heckenbach and his wife Mary E. Heckenbach who were 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. At that time, this property was located outside the municipal boundaries of the City of Clearwater and did not meet 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 adjacent property at 2678 North Terrace Drive. The subject property is an existing single family dwelling and the site is approximately 0.21 acres in size. A land use plan designation of Residential Low is proposed along with a zoning category of Low Medium Density Residential (LMDR). The ATA requires the City to provide 60 days written notice of its intent to annex this property. On July 5, 2001 this notice was mailed to Ms. Monika Smolarczyk who was the property owner at that time and the notice expired on September 4, 2001. During the notice period, ownership of this property changed. The current owner is Ms. Pamela L. Rakes who has indicated her willingness to move forward with this annexation. The ATA provides that the owner of the properly at the time it is to be officially annexed pay the City of Clearwater a one time payment of $200.00, which is the property's fair share of its impact on open space. Ms. Rakes paid this fee on September 12, 2001. 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 December 1, 1983. This annexation includes the abutting right-of-way of North Terrace Drive. Reviewed by: Legal , Budget N/A Purchasing N/A Risk Mgmt NIA, Submitted by: City Manager Info Srvc N/A Originating Dept: PLANNING DEPARTMENT ETIM S. U OH Total Public N/A User Dept Works DCM/ACM Current FY Other Attachments ORDINANCES NO. 6869-01, 6870-01 & 6871-01 STAFF REPORT ? None Printed on recycled oaoer Rev Costs Funding Source: CI OP Other riation Code: 2/98 CC ATA ANX 01-07-18 Pamela L. Rakes November 15, 2001 . Page 2 The City has been providing sewer -service to this property pursuant to the ATA and adequate capacity exists to serve the property. 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 applications 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. Y 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 will review the proposed annexation at its regularly scheduled meeting on November 13, 2001 and make a recommendation to the Commission. The Planning Department will report the recommendation at the City Commission meeting. 2 ORDINANCE NO. 6869-01 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTY LOCATED ON THE NORTH SIDE OF NORTH TERRACE DRIVE, APPROXIMATELY 500 FEET EAST OF CARDINAL DRIVE, CONSISTING OF LOT 7, PINELLAS TERRACE SUBDIVISION, TOGETHER WITH ABUTTING RIGHT-OF-WAY OF NORTH TERRACE DRIVE, WHOSE POST OFFICE ADDRESS IS 2684 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 7, Pinellas Terrace, according to plat thereof recorded in Plat Book 49, Page 52, Public Records of Pinellas County, Florida, together with abutting righi:of--way of North Terrace Drive. (ATA ANX 01-07-18) 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, withthe 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. 6869-01 7 5479-2375 ? 4 9 z O 10 _J Q U 11 ? I 5621-713 1.3 . 14 A 15 7106_2:169 / 17 1 16 15 r- 14 - - - --? 13 3/03 I i 12Q 11 E-4 /052 I 1 11 j I 9 I 8 i/051 I 7 Ri I W 49 I I 6 „ 3f05 I 5-? 7-1849 I I -- }I- ?It 1 1 = I I 15 L I I=06 15 II I?.-? -------it -- 67G3-19871 I :. 6404 3 14 3 I, 14 11 Al 11 3 q 11 > 3 I I 14 > 3 I I 14 -.14 5827-1580 { 6404, ?1 i II 13 I :; I 1 ?, p 11 13 - I) 13 4 A 63332- 576 5 I 13' 5 3 I I ' Ill 12 5 5 I 1` 5822-,15941 I `i 12 576Q: 1691 I I Z )' u> -, 9696-1327 •' 6 I { 11 6 I ! 1 1 y 11 I . • 11 fj .31 TH Is NOTA ., 1 0 I. 5722'9041 0RVeY Q W 6112-481. I W ' E 7 10 v 7 I I 10 i0! . .. 7 (.._ 7 A; ?yg I I I 11 10 O •. -t 5622-23, I f-+-t 10 t - - Q 111 - 5 Q: 6032-1706 - 3 I 5685- 597 3 6693 II I'. 9 8 fI 9 I 8 .11 3 0114- 61 MORNINGSIDE DRIVE' s -I 15' U 4. Easa I 2 41-562 I 11. 161 ' 17 18 • 19 20 21. 2P- 0 23 `24 25, .26 27 °' 3 4 I I 5: 6 Fr; 4 N A I _ _ ?a? 20'Dr:dc t I" I C1S Eo.'25&0 59fi .T• 7 J X - A5656- 394 ?, -- I' 1 =2 3 ?' * LA4D8 ;`?? I 1'g - ?I I` . . C> ca 6 4. v 5 : N"6 ?? I I 16" 00 15. Y 14 12: 6 .E.aso. I . T. : z68, ?e co Ul ??? g 1 I 17 L n :. N - TERRACE DRIVE 1° ) e 637fi-771 TERRACE:; DRIVE." . 6 l I 64 .37 11_ 1113=4a1s I w II I I -36 9 ??: :: 15, I I 4,535 ,1388 I A. 63 156 7975 1.72- 66 i ( 63 0 :38A 135 10' a377-337 .14 1 U. W 17' " 1) I I . ?. IW. ?. 9893 •w11? •:'" . ,, 67' 11 62 39;1 134 ?. I 5726-1193 Q 1I _ I I- p??:11 1F1.? ° 1 If - 1'3, ° 18 -0 MCI t C) 0 68 I I 61 .: W 40 I I, :33 - : - 4535=5"400) 136956=414 6727.,-11834 12 Q 5845--;1 713 C?a l a . z .E•, I : 12 . ¢ 19 l`- I f' r ?, a ! L La W ? . 691 Z 1f:1 1.1 20. II 1:1 20 I; .. 930!-2002'i - l 6219-508. 90874778'!1I? 8497-767 70'11 _0 42 0 1 .. `141 10:.1"0•' ?1 10. 21.. 56f+3=753 ?. ' 71 583 (1 30' 15 g. 22 e' 8377-334 22 II 1) (I I1: 9 K' r +3 5685-601 3 3 6853-1552 7106-2378 I I 44 11930,5-1998 I!' 23 . I L O$ 23 ?2 I I 57 I I: 29 16 j N - I I 4r, 11310(14 `641 1 I n. Es24 R 11 3?57?05-292 7.4 4 7 t I v 1 IUtit.BEaee 1? I 1A8377-341 nr °? I I PROPOSED ANNEXATION AND ZONING CLASSIFICATION OWNER: Pamela L. Rakes SITE: 2684 N. Terrace Drive ZONING FROM: R-3 / County TO: LI IDR I CASE : ATA ANX 01- 07-18 PROPERTY SIZE (ACRES): 0.32 _ R.O.W. SIZE (ACRES): 0.03 LAND USE PIN: 05/29/18171424/000/0070 Rosldentlal Low ?_ Residential Low I ATLAS 264A PAGE: W jo- t 6 Aus7-119 67(33-1987, 1 15 6404 7 3 t.1 14 3 •l I q LLJ 3 ! I t? _ _ I l .14 Pi7? 237' 11 t 3 cr 4 I t ; -? o 5x27-t:?ao 1 sacra. 18 4 1 o H, a 11 t 3 A. I? 13 0 4 6-3?- 576 J v 12 9 0 5`, i 12 Iii ! 5 I 14 .5822--J15941 1 12'" 5760- 5262-1691. '; ,n " . ~ 11 Q ?1 !9696-1327 1 a ' O 11 z 6 T?astsNOT ?5 'r su>zveT 5722':9041 to 6112- 481 8 7 ?E 7 11 7 i0 It (... 7 10 10 l 5622=23:11xv, .: All M ¢ 5 -3 5665-597 ¢ 6037,-.7 06 ' If 9 . II I " 6693- AAL L; 3621-713 8 9 I! I I I ;. !.I Ie;- 9' J 0114-661 1.3 r. MORNINGSIDE DRIVE $ . -! 15' v if. Ease. ( 241-662 `° 1 I I 14' 6 v 7106-2369 15 16 1 17 18 • 1,9 20 21 - ? ?3 24 25 26, _ 27 1' g ' 2. ^ 4 I 1 5. z AL ?t5' S .Eo.2560 A S 596 ;? ?.T . ^ a -*A.`b56-394 C) to I_ 17 , 1. 2 co C 4. hf D 8 7e? I. 18 T T I (t 4 5 " 6, 268q 4'?e ::I I 16 15 14' .:.13°_II?'i2 1 00 w ? t 6 N TERRACE DRIVE` I :... . 1 I 16376=771 TERRACEDRIVE.: 15L - W 65 64 37 4813=489 ? > 9.:;. I? 15<, if , i5 16 1" 1 I { :: I I 4535..1358. I A. t33 156. 7975-172 . ID R ' 'A { 66 I f.:63 38 ") 135 Z0 I. 8377-337 1 fJ. --- o ?. i F. to I1 1 ?: 17 13 { ( 9893 „• ?. I 67-11. 62 II - IW .0 39; 11•-.• 34 •5728 1103 1 I I ?, 0 18 3/03 12 Q Z J 1 68 ,i 61 w 40 II 3 3 4535 t400f L?t6953=-414 ?: 6727-tt83? 1 • .; Q 5845=1,71.1 11?, v z '?? I 12; ¢t 19?. U /052 I .--? '( 32 . O I I w I! W { 10 69 20." ( 1 ?; 20 ?'.. 9305-2002 "A t t I 90874778`:,I I I B497-767 1 :7o I ;o- I ?z,? 5oa' 1 II; 42141 10,.10 2.1. 1p 21. I 8 .? J I`;:.. 5693=753 ?. W 71 5g 43 11': `30 ts-{. 22 A 8377-33a 22. /OE" 1 04 1: 151 W i 7 w ^ . • A 6853-1552 7106-2378 Q g 5b85-60t a _ 72 I I 57 44 (,93(35-1998 I l ,,? 23 • I I 0 8 23 tt ;_ II f 1.`29_ t6 I N (4 S?j s T `1 I . n esr?ts. 24 ° I I A, V05-292 24 pr `<. I I ( Y+ 1 110114-641 7 6 8 17 N N 3/05 I U) Uti1. Ease. I x8377-341 r 0 N PROPOSED ANNEXATION AND ZONING CLASSIFICATION s N OWNER: Pamela L. Rakes ICASEATA ANX 01- 07-18 SITE: 26$4 N. Terrace Drive ROPERTY SIZE (ACRES): 0.32 FP SIZE (A R.O.W. CRES): 0.03 ZONING LAND USE PIN: 05/29/18/71424/000/0070 FROM: R-3 / County Residential Low m i TO: LMDR Residential Low ATLAS 264A PAGE: „ E W ORDINANCE NO. 6871-01 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 500 FEET EAST OF CARDINAL DRIVE, CONSISTING OF LOT 7, PINELLAS TERRACE SUBDIVISION, TOGETHER WITH ABUTTING RIGHT=OF-WAY OF NORTH TERRACE DRIVE, WHOSE POST OFFICE ADDRESS IS 2684 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 pert Lot 7, Pinellas Terrace, according to the map or plat thereof, as recorded in Plat Book 40, Page 52, Public Records of Pinellas County, Florida, together with abutting right-of-way of North Terrace Drive (ATA ANX 01-07-18) 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. 686901. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Brian J. Aungst Mayor-Commissioner Approved as to form: I A?? p ' "o ') a_?? .2-91 q?- ow Leslie K. Dougall- ide Assistant City Attorney Attest: Cynthia E. Goudeau City Clerk Ordinance No. 6871-01 .. MORNINGSIDF `ZO'(]r:dc t:Easc: ?? . 00 r, ??'1 't ,`;,I l' I? ? om . ,• 'N. PROPOSED ANNEXATION AND ZONING CLASSIFICATION OWNER: Pamela L. Rakes CASE:ATA ANX 01-07-18 SITE: 2684 N. Terrace Drive PROPERTY SIZE (ACRES): 0.32` R.O.W. SIZE (A CRES): 0.03 ZONING LAND USE PIN: 05/29/15/71424/000/0070 FROM: R-3 / County Rosidentlal Low LMDR TO' Rosidential Low ATLAS 264A PAGE: ORDINANCE NO. 6870-01 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 500 FEET EAST OF CARDINAL DRIVE, CONSISTING OF LOT 7, PINELLAS TERRACE SUBDIVISION, TOGETHER WITH ABUTTING RIGHT=OF-WAY OF NORTH TERRACE DRIVE, WHOSE POST OFFICE ADDRESS IS 2684 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 7, 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 abutting right-of-way of North Terrace Drive. (ATA ANX 01-07-18) . 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. 686901, 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 Apppoved as to fo Leslie K. Dougall-S d Assistant City Attorney Brian J. Aungst Mayor-Commissioner Attest: Cynthia E. Goudeau City Clerk Ordinance No. 6870-01 o ? L WOOORING COUNTYWIDE FUTURE LAND USE PLAN MAP NAME: PAMELA L. RAKES 2684 NORTH TERRACE DRIVE PLAN DESIGNATION: RESIDENTIAL LOW ATLAS PAGE: 264A , SEC. 05 TWP: 29S RGE: 16E COMMUNITY DEVELOPMENT BOARD: October 16, 2001 6 7 8 9 10 11 13 14 1 L } 16 , 1 116 W 2 15 15 r 1 ° 3 14 3 I 14 4 13 0 4 13 a Z 5 12 12 a Q 6 11 Z 6 11 _ v 7 0 a ) 7 0 >- w ( °C 0 I 8 g 8 9 J 1 16 2 15 3 14 4 13 5 6 7 8 9 1 1 16 16 2 2 15 15 3 14 3 14 ° 4 4 13 0 3 1 rw s ?s N suavE 5 12 5 12 a 6 11 6 _> 1 iinn 0 z 7 7 10 10 a 8 9 9 MORNINGSIDE DRIVE 8 1516 17 118 v 20 21 22 2324 2526 t 27 17 7??? 18 2684 * g 16 4tRRACE DRIVE 17 'v d 1 a?3 4 5 ?'?5 1 a? 14 13 12 TERRACE DRIVE 15 , 65 64 37 36 - > 16 1E 0 15 15 14 66 63 0 38 35 10 ; 14 17 14 w 17 13 > 67 62 - 34 ca, 0 18 13 ° 18 3103 12 ,N 11 13 z + 11 ¢ 68 61 40 33 't P L 19 12 v o A 12 J /05` 10 69 60 ¢ 41 ed M GJ O 13 11 > 20 11 2C 9 70 59 3a- 14 10 21 .10 2 - 42 4 - 71 58 43 30 15 9 22 9 2: /051 7 44 $ 8 72 57 29 16 23 6 7 7 24 EXISTING SURROUNDING USES OWNER: Pamela L. Rakes CASE: ATA ANX 01-07-18 SITE: 2684 N. Terrace Drive PROPERTY SIZE (ACRES): 0.32 _ _ R.O.W._ SI ZE (ACR ES): 0.03 ZONING LAND USE PIN: 06/29/16/714241000/0070 FROM: R-3 / County Residential Low - r0: LMDR Residential Low ATLAS 284A PAGE: 1 W NORTH Ae ria 1 CITY OF CLEARWATER. FLORIDA PUBLIC WORKS ADMINISTRATION CDB Meeting Date November 13, 2001 Case No. ATA ANX 01-07-18 Agenda Item: B.4. CITY OF CLEARWATER PLANNING DEPARTMENT STAFF REPORT GENERAL INFORMATION OWNER (S): . Pamela Rakes APPLICANT: City of Clearwater (Pursuant to Agreement to Annex dated December 1, 1983) LOCATION: 2684 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: 13,764 square feet or 0.32 acres Lot width of 93 feet by 148 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) CDB ATA ANX 01-07-18 November 13, 2001 Page 2 UPDATE: Due to a defective legal notice, this case was continued from the September 18, 2001 Community Development Board meeting. Revised legal notices were mailed to surrounding property owners and advertised in the newspaper. No substantive changes have been made to this staff report. BACKGROUND INFORMATION: On December 1, 1983, Mr. Frank J. Heckenbach. and his wife Mary E. Heckenbach who were 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 owners 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 the adjacent property at 2678 North Terrace Drive. The ATA requires the City to give the property owner 60 days written notice of its intent to annex this property. On July 5, 2001 the City sent a notice letter to Ms. Monika Smolarczyk who was the property owner at that time. Prior to the expiration of this notice on September 4, Ms. Pamela Rakes purchased the subject property. Ms. Rakes has indicated her willingness to proceed with the annexation by waiving the need for a new 60-day notice. Additionally, the ATA requires that the owner of the property at the time it is to be annexed to 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. Ms. Pamela L. Rakes, the current owner of the property, paid the fee on September 12, 2001. CDB ATA ANX 01-07-18 November 13, 2001 Page 3 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 December 1, 1983. The subject property will now be contiguous with the existing City boundaries to the west following the annexation of the adjacent property at 2678 North Terrace. The annexation is therefore consistent with Florida Statutes with regard to the requirements for voluntary annexation. An existing single-family detached dwelling occupies this site and a land use designation of Residential Low is proposed, along with a zoning category of Low Medium Density Residential (LMDR). 1. IMPACT ON CITY SERVICES Water and Sewer The City of Clearwater has been providing sewer service to the subject property since December 1, 1983. The City's ability to serve the overall site was documented through the Agreement to Annex and the previous owner paid the required sanitary sewer impact and assessment fees applicable at that time. 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. This annexation will not have any effect on public facilities. 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 it will be able to serve this property and the annexation will not adversely affect police service and response time. CDB ATA ANX 01-07-18 November 13, 2001 Page 4 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 the designation is to recognize areas where use and development 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 knits 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 inf ll 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. M. CONSISTENCY OF DEVELOPMENT WITH COMMUNITY DEVELOMENT CODE AND CITY REGULATIONS . As stated earlier, a single-family detached dwelling occupies the subject property. This site has a lot width of 93 feet and a lot area of 13,764 square feet. The zoning district appropriate for this site under the Community Development Code is the Low Medium Density Residential (LMDR) district. This district requires a minimum lot width of 50 feet and a minimum lot area of 5,000 square feet. This property exceeds the minimum CDB ATA ANX 01-07-18 November 13, 2001 Page 5 dimensional requirements of a standard development use in the LMDR district and is therefore consistent with the Community Development Code and City regulations. IV. CONSISTENCY WITH THE COUNTYWIDE PLAN There is no change requested in the Comprehensive Plan category of the site that 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 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 annexation of this property. In summary, the annexation of this property is consistent with Florida law. V1. CODE ENFORCEMENT ANALYSIS There is no adverse comment from the Community Response Team (CRT) concerning this property. V1 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 $219.00 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 December 1, 1983. The City has been providing sewer service to the subject property since December 1, 1983, and capacity continues to be available for CDB ATA ANX 01-07-18 November 13, 2001 Page 6 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 current property owner has already paid the required $200.00 recreation impact fee that is required to be paid prior to the adoption of the associated ordinances. 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 2684 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 : Etim S. Udoh Senior Planner Attachments Application Aerial Photograph of Site and Vicinity Location Map Land Use Map Existing Surrounding Uses Zoning Atlas T EM if JI 10 1170 ,,,?, Clearwater City Commission Agenda Cover Memorandum Work session Item #: L) Final Agenda Item # U Meeting Date: 11-15-01 SUBJECT/RECOMMENDATION: 9 Petition for Annexation, Land Use Plan and Zoning Atlas Amendments for 2880 Union Street (Consisting of South one-half of east one-half of southeast of one-quarter of the southwest one-quarter of the quarter of Section 32, Township 28 South, Range 16 East); Owner: Mattie E. Johnson. MOTION: APPROVE the Petition for Annexation, Land Use Plan Amendment from County Residential Suburban to City Residential Suburban and from County Zoning Rural Residential District (R-R) to City Low Density Residential (LDR) Zoning District for 2880 Union Street (Consisting of South one-half of east one- half of southeast of one-quarter of the southwest one-quarter of the quarter of Section 32, Township 28 South, Range 16 East) and PASS Ordinances No. 6882-01; 6883-01 & 6884-01 on first reading. (CC ATA ANX 01-07-20) 0 and that the appropriate officials be authorized to execute same. SUMMARY: On October 31, 1997 Ms. Mattie E. Johnson 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(s) of this property. The subject property is now contiguous to the existing City's boundaries to the north and east of this property. The ATA requires the City to give the property owner 60 days written notice of its intent to annex this property. A notice letter was sent to Ms. Mattie E: Johnson, the current owner of the property, on July 5, 2001 and the notice period expired on September 4, 2001. The subject property is an existing single family dwelling and the site is approximately 1.04 acres in size. A land use plan designation of Residential Suburban is proposed along with a zoning category of Low Density Residential (LDR). 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 31, 1997. The City is also proposing that the abutting right-of-way along Union Street be annexed. The City has been providing sewer service to this property pursuant to the ATA and adequate capacity exists to serve this property. Reviewed by: Originating Dept: Costs Legal Info Srvc N/A PLANNING DEPARTMENT Total ETIM S. U Budget /4NIA Public N/A User Dept. Funding Source: Works Purchasing N/A DCM/ACM :0"/ Current CI FY Risk Mgmt N/A Other Attachments OP ORDINANCES NO. 6882-01, Other 6883-01 & 6884-01 STAFF REPORT Submitted by: City Manager ? None Appropriation Code: Printed on recvcled caper Rev. 2/98 CC ATA ANX 01-07-20 Mattie E. Johnson November 15, 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 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 applications 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. At the October 16, 2001 meeting, the Community Development Board reviewed these applications and unanimously recommended approval. 2 ORDINANCE NO. 6882-01 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTY LOCATED ON THE NORTH SIDE OF UNION STREET, APPROXIMATELY 135 FEET WEST OF WINGS WAY, CONSISTING OF THE SOUTH ONE- HALF OF THE EAST ONE-HALF OF SOUTHEAST ONE- QUARTER OF SOUTHWEST ONE-QUARTER OF SOUTHEAST ONE-QUARTER OF SECTION 32, TOWNSHIP 28 SOUTH, RANGE 16 EAST, LESS THE EASTERLY 183.31 FEET AND THE SOUTHERLY 33 FEET RIGHT-OF-WAY FOR ROAD, TOGETHER WITH ABUTTING RIGHT OF WAY ALONG UNION STREET, WHOSE POST OFFICE ADDRESS IS 2880 UNION 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 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 attached legal description (ATA ANX 01-07-20) Section 2. The provisions of this ordinance are found and determined to be consistent with the City of Clearwater Comprehensive Plan. The City Co-nmission 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 Stde within 30 days after adoption. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Brian J. Aungst Mayor-Commissioner Appr ed as to r Leslie K. Dougall-Si e Assistant City Attorney Attest: Cynthia E. Goudeau City Clerk Ordinance No. 6882-01 Legal Description South one-half of east one-half of southeast one-quarter of the southwest one- quarter of the southeast one-quarter of Section 32, Township 28 South, Range 16 east, less the easterly 183.31 feet and the southerly 33 feet right-of-way for road, containing one acre more or less, together with abutting right of way along Union Street. (ATA ANX 01-07-20) :ERY LANE I ! i L ELYSIUM' AAS DR 96 86 LM R i. 'r, _ r THIS IS NOi A_ ?•,' ?? ?.? BETHANY PL?_ SURVEY- ---v- lam` _''- -- ""_ ? ,?;' . ? - _ _v ?,?,._._.._. 1 It 1„'• \ J ..'?Q }' i?'ti_.? N - rn C\j 50 51 f a ', 49 43f.:: C\2 O3 Jim 57 56 C\j = _ +t. =4.3OS:..` C!? ?r 59 ELYSIUM WAY L Nb m o`ti, j ?7 1y {* 1 ?? r/// 61 62 107 / 9594 1760 N: }?0-< « ?v i=r.''1'_ ,tot ??- 50 / `-? ' ' ? l _j-.. •?r=`.- -_ - - C. R. 194 - - -- - - ,?'; - _ '..'hA • Z4, ".. 17 _•a.;+_• ='-"=.., l,rt-r?: 3<. =??6-. ?..-, iy: ?, -ua,..-+i: kF. 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Johnson o CASE: ATA ANX 01-07-20 ?- -7-PROPERTY SIZE (ACRES): 1.04' SITE: 2880 Union Street + ROW SIZE (ACRES): 0.21 ZONING LAND USE '- i p?N: 32/28/16/00000/434/0500 FROM: R-R Residential Suburban ' c H TO: LDR Residential Suburban ATLAS 24413 PAGE: c WAM? z D v is u LU Ordinance No. 6882-01 Exhibit A ORDINANCE NO. 6883-01 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE FUTURE LAND USE PLAN ELEMENT OF THE COMPREHENSIVE PLAN OF 'T'HE CITY, TO DESIGNATE THE LAND USE FOR CERTAIN REAL PROPERTY LOCATED ON THE NORTH SIDE OF UNION STREET, APPROXIMATELY 135 FEET WEST OF WINGS WAY, CONSISTING OF SOUTH ONE-HALF OF EAST ONE- HALF OF SOUTHEAST ONE-QUARTER OF THE SOUTHWEST ONE-QUARTER OF THE SOUTHEAST ONE-QUARTER OF SECTION 32, TOWNSHIP 28 SOUTH, RANGE 16 EAST, LESS THE EASTERLY 183.31 FEET AND THE SOUTHERLY 33 FEET RIGHT-OF-WAY FOR ROAD, TOGETHER WITH ABUTTING RIGHT OF WAY ALONG UNION STREET, WHOSE POST OFFICE ADDRESS IS 2880 UNION STREET, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS RESIDENTIAL SUBURBAN; 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: Propel See attached legal description (ATA ANX 01-07-20) Land Use Category Residential Suburban 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. 6882-01, 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 ved.as t9 f r Leslie K. Dougall i es Assistant City Atto ey Brian J. Aungst Mayor-Commissioner Attest: Cynthia E. Goudeau City Clerk Ordinance No. 6883-01 Legal Description South one-half of east one-half of southeast one-quarter of the southwest one- quarter of the southeast one-quarter of Section 32, Township 28 South, Range 16 east, less the easterly 183.31 feet and the southerly 33 feet right-of-way for road, containing one acre more or less, together with abutting right of way along Union Street. (ATA ANX 01-07-20) , R/OS COUNTYWIDE FUTURE LAND USE PLAN MAP NAM E: MATTIE E. JOHNSON 2880 UNION STREET PLAN DESIGNATION: RESIDENTIAL SUBURBAN ATLAS PAGE: 244B SEC. 32 TWP: 28S RGE: 16E COMMUNITY DEVELOPMENT BOARD: October 16, 2001 ORDINANCE NO. 6884-01 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 UNION STREET, APPROXIMATELY 135 FEET WEST OF WINGS WAY, CONSISTING OF SOUTH ONE-HALF OF EAST ONE-HALF OF SOUTHEAST ONE-QUARTER OF THE SOUTHWEST ONE-QUARTER OF THE SOUTHEAST ONE- QUARTER OF SECTION 32, TOWNSHIP 28 SOUTH, RANGE 16 EAST, LESS THE EASTERLY 183.31 FEET AND THE SOUTHERLY 33 FEET RIGHT-OF-WAY FOR ROAD, TOGETHER WITH ABUTTING RIGHT OF WAY ALONG UNION STREET WHOSE POST OFFICE ADDRESS IS 2880 UNION STREET UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS LOW DENSITY RESIDENTIAL (LDR); PROVIDING AN EFFECTIVE DATE. WHEREAS, the assignment of a zoning district classification as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's comprehensive plan; now, therefore, BE IT ORDAINED BY THE CITY 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 See legal description attached (ATA ANX 01-07-20) Zoning District Low Density Residential (LDR) 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. 6882-01. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Brian J. Aungst Mayor-Commissioner Approved as to form: . Leslie K. Dougall-i es Assistant City Attorney Attest: Cynthia E. Goudeau City Clerk Ordinance No. 6884-01 Legal Description South one-half of east one-half of southeast one-quarter of the southwest one- quarter of the southeast one-quarter of Section 32, Township 28 South, Range 16 east, less the easterly 183.31 feet and the southerly 33 feet right-of-way for road, containing one acre more or less, together with abutting right of way along Union Street. (ATA ANX 01-07-20) t C-%,%ICERY LA,INE Y, ) J I i LDR - ELMS IUNIP1 96 ; 86 MD,jR( CQIJ't T? _ i ;, ? ti BETHANY PL; rrn`sis _ yya J -? 1 50 5i ; 1 l 1 y 1 4.3/_03 J; J 5 7 5 :v i n ---------------- ELYSIUM WAY 0.5 ??- "?-? - ? „? ? {? ? ?Y ?:=?? w--9893--?t54S i ?i ?-'•1 ??/ g?' % ? o C\f ., '! 4ta+£ f QP:z = 6_?-t-"f 1^' O I 62 ?. '150 •rn. sTr+ 1.Kgr ,.rte %_.?- ZlE!'_ Y .:3 . zi )? 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CDB Meeting Date October 16, 2001 Case No. ATA ANX 01-07-20 Agenda Item: C.1. CITY OF CLEARWATER PLANNING DEPARTMENT STAFF REPORT GENERAL INFORMATION OWNER(S): Mattie E. Joluison APPLICANT: City of Clearwater (Pursuant to Agreement to Annex dated October 31, 1997) LOCATION: 2880 Union Street, on the north side of Union Street, approximately 135 feet west of Wings Way. 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: 45,542 square feet or 1.04 acres Lot width of 146.91 feet by 310 feet deep. Existing single family dwelling Existing single family dwelling Residential Suburban Residential Suburban Rural Residential District (R-R)/County Low Density Residential (LDR) CDB ATA ANX 01-07-20 October 16, 2001 Page 2 BACKGROUND INFORMATION: On October 31, 1997 Ms. Mattie E. Johnson 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(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 is now contiguous to the existing city boundaries to the north and east of this property. The ATA requires the City to give the property owner 60 days written notice of its intent to annex the property. A notice letter was sent to Mattie E. Johnson, the current owner of the property on July 5, 2001 and the notice period 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 October 31, 1997. The City is also proposing that the abutting right-of-way along Union Street be annexed. The subject property is an existing single- family detached dwelling and is now contiguous with the existing City boundaries to the north and east of the property. A land use plan designation of Residential Suburban is proposed and a zoning category of Low Density Residential (LDR). The proposed annexation is consistent with Florida Statutes with regard to the requirements for voluntary annexation. I. IMPACT ON CITY SERVICES Water and Sewer The City of Clearwater has been providing sewer service to the subject property since October 31, 1.997. The City's ability to serve the overall site was previously documented through the Agreement to Annex and the owner paid the required sanitary sewer impact and assessment fees applicable at the time service was provided. Capacity for the project continues to be available for this utility. The property owner is also receiving water service from the City and will continue to do so. This annexation will not have any adverse effect on public facilities. W`. CDB ATA ANX 01-07-20 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 it will be able to serve this property and the annexation will not adversely affect police service and response time. Fire and Emergency Medical Services Fire and emergency medical services will be provided to the property by Station #49 located at 520 Sky Harbor Drive south of Clearwater Mall. The Fire Department has stated that it 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 Suburban. The intent of this designation is to recognize areas where use and development characteristics are suburban residential in nature. Residential uses are the primary uses in this plan category up to a maximum density of 2.5 dwelling units per acre. Other permissible uses in the Residential Suburban plan category include Residential Equivalent, Institutional, TransportationfUtility, Public Educational Facility, Ancillary Non-Residential and Recreation/Open Space. The. annexation does not propose to change the Residential Suburban 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: CDB ATA ANX 01-07-20 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 As stated earlier, the subject site is occupied by a single family detached dwelling. It has a lot width of 146.91 feet and a lot area of 45,542 square feet. The zoning district appropriate for this property under the Community Development Code is the Low Density Residential (LDR) district. This district requires a minimum lot width of 100 feet and a minimum lot area of 20,000 square feet. This property exceeds the dimensional requirements of a standard development in the LDR zoning district and is therefore consistent with the Community Development Code. IV. CONSISTENCY WITH THE COUNTYWIDE PLAN There is no change requested in the Comprehensive Plan category of the site, which will remain Residential Suburban with a maximum permitted density of 2.5 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 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 the annexation of this property. In summary, the annexation of this property is consistent with Florida law. CDB ATA ANX 01-07-20 October 16, 2001 Page 5 VI. CODE ENFORCEMENT ANALYSIS The Community Response Team (CRT) has indicated that the driveway to this property is not paved. City staff will work with the property owner to resolve-the dirt driveway issue following the annexation of the 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 $185.00 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 31, 1997. The City has been providing sewer service to the subject property since October 31, 1997 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 LDR 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 2880 Union Street. 2. Recommend APPROVAL of the Residential Suburban plan category pursuant to the City's Comprehensive Plan. 3. Recommend APPROVAL of the Low Density Residential (LDR) zoning district pursuant to the City's Community Development Code. W Prepared by: Etim S. oii' Senior Planner Attachments Application Aerial Photograph of Site and Vicinity Location Map Land Use Map Existing Surrounding Uses Zoning Atlas CDB ATA ANx 01-07-20 October 16, 2001 Page 6 Aer*al Map NORTH 111= 200' II-A .x srry • t„? .v t 3,f?1 J??, ."b,, I ,??'? , .: ? x r'"'"'y?,k?r' *?s- .S '`? t3i? I??1,?• r. •??? ? ; ` r7?" ??;r-?1! ? { "r .: ? •?t?' :? '? t_ .r ? t' CCU i ' Y•.i•?.:"".s::• 2'?,? iiiK ? ' ra; cri ?; a 1 1?ti + ? r. f w:? .- ?'?+' ?•s. 1 .?' ••r:•: ..'Mfg M• S f t x? P ?fi , ? I T? _'+,-?t '";4r?y r•;t ? :.af •`'? ?`4>irt?..r '.:? -? r.•.n ?'.. ? r ? ? , ~`P,n ,? :F?;Z :... .. ?Y"'• T?71r'At`,?y, -•w2i?GTY?t t'* 'rr '1: •? .,. y j( T I? 7 ? i. ,• I . \ie• •Y?•1 1 Ti ? gib 'lilgafE NORTH I "=1320' \C;3 0 r Location Map Mattle E. Johnson 2880 Union Street ATA ANX 01-07-20 a (WO = Sena Dr + v rM. /,-a, DEER N C.R. 57 FARKCREEK W W 7 7 Q Q ca 0 HAREiOR OAKS 0 HAK BCN Pr u _ OAKS S U7 ' ?? ?FIAK6UH V O? o` OAK FOREST Moslrra (n uv1 LCSOUTH o o w 3;: o to w o WOOOMNO z o = Cnglers o o DIANE ER . 1 9 J u° Y `?? x OoK p 9e u` ' OJ i O 2 x Z O 'v O Q 5e a c C m u a a o o c R MDRNINGSIDE DR i? L ? W / N TEFFACE lol 17 u y( ? ij 17 K j,ttrruryr?? 41 'CITY OF CLEARWATER, FLORIDA PUBLIC WORKS ADMINISTRATION G `?° '?ts>r ,F'+ ENGINEERING ° r?,r,rrH+l t (1I NN -Ifv tt? HAMMOCK At lu-i,?? i1 R iiExIA11A OAK Illllll I.lt y, ? l ?.i 1Mt/QQfI?(lQ ?,?I? N? tS Jr' i1 ?_ AK crn1? tl ? ? }', • ?!I1i11lWixrill 11 .??1 ti ?AARLO I'(jr) l tii ? M1A1 I?r 1gk?,lU1?f? a ? ` r, r 7 ) w fft- ?, CHANCERY LANE - _ --- t - -- in -- ----- - - t- Cc - - - Cn Q? ck) LDR j f m ? j 96-86 I ! j D. c-* A?V/ATEK COUNTY _- I = \ \ 2160 f ..: C\2 < T ? - n / 4 ] 21/ ? Z ` _-, - _ - 9893--2548• 43/ .: 1041 = .. o: . o _-''...'." -' 2104 N N «? - N- SC UMON :STREET . •••?•. C. R. 194 k - ? S - } e, - { i S h ( r ` t EL IUM P AS[ \L M D, 1/ BETHANY PLi x111 eUt+vlRVE r ^ r 5 f l ^' . R, ,??\ CJ N -19 `r a, N 'J N N t" 1 ry N 5a ELYSIUM WAY _-----____-- 19 o? `C11 M :19 N N ?0 9594. 1760 79727-? o I ? . { N , .. - ' I I 11 .. , N I 1 11 • II t) II A 213 - II t2 I 11/08 I .., •----tit -- = ° - - __ .. ;`: - PROPOSED ANNEXATION AND ZONING CLASSIFICATION OWNER: Mattie E. Johnson CASE: ATA ANX 01-07-20 SITE: 2880 Union Street PROPERTY SIZE (ACRES): 1.04 ROW SIZE (ACRES): 0.21 ZONING LAND USE PIN: 32/28/18/00000/430/0500 FROW R-R Residential Suburban TO: LDR Residential Suburban ATLAS 24413, PAGE: CHANCERY LANE 1 __._ -_-_7 _ r:LEAFf WA TCP I Q? COUNTY 5ti 6 / 3 43/03` V/// ? ? r 2 z ? _. ? 3 ' 33 34 47 46 1 45 48 ? BETHANY PL. 49 I 50 I 51 58 INAjA7 I 56 59???' Q' ELYSIUM WAY ti0 61 62 EXISTING SURROUNDING USES OWNER: Mattie E. Johnson CASE: ATA ANX 01-07-20 SITE: 2880 Union Street PROPERTY SIZE (ACRES): 1.04 ROW SIZE (ACRES): 0.21 ZONING LAND USE _ __ PIN: 32/28116/00000/430/0500 FROM: R-R Residential Suburban TO: LDR Residential Suburban ATLAS 2448 PAGE: t ? . 1 t t 1 u? R R/oS t ^???.1 p1A1 GC ....R/4r7___________________ TINT U ?u its ? u ----------- __ g _._ ._. 0 a Rs t ELYSIUM BLVD CIELO CHANCERY LANE 4 v J c BETHANY PLACE CIELO CN:15EA -LACE N RS ' J y ? J c?aLST`A -LAC[ s ELYSIUM Ld V/ S tC t Y t 1 1 AVFNUE COUNTYWIDE FUTURE LAND USE PLAN MAP N.AN MATTIE E. JOHNSON 2880 UNION STREET PLAN DESIGNATION: RESIDENTIAL SUBURBAN ATLAS PAGE: 244B SEC. 32 TWP: 28S RGE: 16E COMMUNITY DEVELOPMENT BOARD: October 16, 2,001 iw Y S?tMa t r?r% %:c 4 99h?ITEA-?`?? Clearwater City Commission Agenda Cover Memorandum Work session Item #: Final Agenda Item # / Meeting Date: 11-15-01 SUBJECT/RECOMMENDATION: Petition for Annexation, Land Use Plan and Zoning Atlas Amendments for 1328 Parkwood Street (Lot 17, Block A, Pine Ridge Subdivision in Section 10, Township 24 South, Range 15 East); Owner: Monica O. Plange. 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 1328 Parkwood Street (Lot 17, Block "A", Pine Ridge Subdivision in Section 10, Township 24 South, Range 15 East) and PASS Ordinances No. 6885-01, 6886-01 & 6887-01 on first reading. (CC ATA ANX 01-07-21) Z and that the appropriate officials be authorized to execute same. SUMMARY: On May 28, 1998 Mr. Benedict William and his wife Julian William, 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(s) of this property. The subject property is now contiguous to the existing City's boundaries to the north, east and west. The ATA requires the City to give the property owner 60 days written notice of its intent to annex this property. A notice letter was sent to Ms. Plange, the current owner of the property, on July 5, 2001 and the notice period expired on September 4, 2001. The subject property is an existing single family dwelling and the site is approximately 0.18 acres in size. A land use plan designation of Residential Low is proposed along with a zoning category of Low Medium Density Residential (LMDR). 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 28, 1998, This annexation includes the abutting right-of-way along Parkwood Street. 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 n Info Srvc N/A PLANNING DEPARTMENT Total ?C ETIM S. UQPW Budget N/A Public N/A User Dept. Funding Source: Purchasing N/A Works DCM/ACM Current CI FY Risk Mgmt N/A Other Attachments OP ORDINANCES NO. 6885-01, Other 6886-01 & 6887-01 STAFF REPORT Submitted by: oilij ? None City Manager Approp riation Code: CJ Printed can recvcled saner Rev. 2198 CC ATA ANX 01-07-21 Monica O. Plange November, 15, 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 applications 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. At the October 10, 2001 meeting, the Community Development Board reviewed these applications and unanimously recommended approval. 2 W ORDINANCE NO. 6885-01 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTY LOCATED ON THE NORTH SIDE OF PARKWOOD STREET, APPROXIMATELY 460 FEET EAST OF BETTY LANE, CONSISTING OF LOT 17, BLOCK A, PINE RIDGE SUBDIVISION, TOGETHER WITH ABUTTING RIGHT OF WAY ALONG PARKWOOD STREET, WHOSE POST OFFICE ADDRESS IS 1328 PARKWOOD 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 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 17, Block "A" , Pine Ridge, according to the plat thereof, recorded in Plat Book 28, Page 98, Public Records of Pinellas County, Florida, together with abutting right of way along Parkwood Street (ATA ANX 01-07-21) 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 Apppved as to f Leslie K. Dougall-Si s Assistant City Attorney Brian J. Aungst Mayor-Commissioner Attest: Cynthia E. Goudeau City Clerk Ordinance No. 6885-01 •. ti: , J { i? 1•• i 1 , j tcJ B 1 12 11 ?,?'- WI J! Ti a \J , -J 4? C? 1t) 7 3 Ti I 9 I C;, '•.:'l !F".'i '!"'c'i??"(y ~•t I ZI ? 1 'J { .O \? ^ Y i TERRACE ROAD Im MIS IS NOT A~ t f ' ~ i ^ I i ' t '? ' I ^ I SURVEY 1710 17 : 51 t o I 1 3 BETTY LANE ^ t 2 t 1 t O 9 ? I tip 1,03 1 HEIGHTS { Q 30 -.98! '. _S.: _) 1 O `r -( T ,, I ?? I i .? •r Q -r W N i' m Q, :zi tM M M FAIRMONT STREET 10 5 q, .}.?r? :: :"??r P• !J Ci I :?I I : ..c5 q cr ?'? C7 . -4 - ' . 1239,?ii?'• ?';:?1G2?. ? w :? '::y i -_ ' ' ? I _ . L??ra;:11p??? ° {3 : .yam .rte ~ Q , : 1J 14 1 6 ---j 1 CJ J 1613 -.4, -?^{ ?? RreYae « c Z W J J 0 X { jiFj'? "? =,iYi,? U _- !'.-•_ -.-fir `may-. sy?i+,. PI tZK OD` ieM @1 16,2 14 1615 I , . 'ts a? N _ ? t? ^ `A?' a `'l e ox tti cy 1613 °Y ( +s , 9 10 1; 3 .0 A = 16 18 C, 1601", -r M n 0:1 O c M vi- - `' t'om' ^^ V ? ° Y o WOODBINE •?= STREET ;_?- r 12I R 9 7 7 5 ? _ =? , 2 1 ta . 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Plange I j CASE: ATA ANX 01-07-21 1328 Parkwood Street SITE: PROPERTY I ROW SIZE SIZE (ACRES): 0.18 (ACRES) 0.10 ZONING LAND USE PIN: 10/24/15171694/001/0170 FROM: R-3/County Residential Low LMOR TO: Residential Low ATLAS 2698 I PAGE: Exhibit A Ordinance NO. 6885-01 i 44 ML =Am ORDINANCE NO. 6886-01 A 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 PARKWOOD STREET, APPROXIMATELY 460 FEET EAST OF BETTY LANE, CONSISTING OF LOT 17, BLOCK A, PINE RIDGE SUBDIVISION, TOGETHER WITH ABUTTING RIGHT OF WAY ALONG PARKWOOD STREET, WHOSE POST OFFICE ADDRESS IS 1328 PARKWOOD STREET, 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 17, Block "A" , Pine Ridge, according to the plat Residential Low thereof, recorded in Plat Book 28, Page 98, Public Records of Pinellas County, Florida, together with abutting right of way along Parkwood Street (ATA ANX 01-07-21) 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. 6885-01, 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 Appr ved as to f m: r ? Leslie K. Dougall- s Assistant City Attorney Brian J. Aungst Mayor-Commissioner Attest: Cynthia E. Goudeau City Clerk Ordinance No. 6886-01 CLAIRE ORIV RL U z w J R _Lj M OVERLEA STREET :1 1 101 -----1 t-----{----- ADMIRAL WOOOSON LANE u \ I COUNTYWIDE FUTURE LAND USE PLAN MAP NAME: MONICA O. PLANGE 1328 PARKWOOD STREET PLAN DESIGNATION: RESIDENTIAL LOW ATLAS PAGE: 269B SEC. 10 TWP: 24S RGE: 15E COMMUNITY DEVELOPMENT BOARD: October 16, 2001 Ordinance NO. 6886-01 PARIKW000 STREET w u Ra WOODBINE ' STREET L R6 I c? v ?U, SPRINGDALE 1 i STREET R/OS? ' . ?R11 WK, ENGMAN STREET ORDINANCE NO. 6887-01 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 PARKWOOD STREET, APPROXIMATELY 460 FEET EAST OF BETTY LANE, CONSISTING OF LOT 17, BLOCK 4, PINE RIDGE SUBDIVISION, TOGETHER WITH ABUTTING RIGHT OF WAY ALONG PARKWOOD STREET, WHOSE POST OFFICE ADDRESS IS 1328 PARKWOOD STREET, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS LOW MEDIUM DENSITY RESIDENTIAL (LMDR); PROVIDING AN EFFECTIVE DATE. WHEREAS, the assignment of a zoning district classification as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's comprehensive plan; now, therefore, BE IT ORDAINED BY THE CITY 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 Zoning District Lot 17, Block "A" , Pine Ridge, according to the plat Low Medium Density Thereof, recorded in Plat Book 28, Page 98, Public Residential (LMDR) Records of Pinellas County, Florida, together with Abutting right of way along Parkwood Street (ATA ANX 01-07-21) 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. 6887-01. 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. 6887-01 r, • . 4 f?9 ,, ? , Q T M nM 45704TERRACE ROAD IVI tl.t = i?a n SURVEY SURVEY BETTY LANE ,;1/? 17 0 , 5 12 11 10 9 1707 -s: - 6p HEIGHTS i 30198' .,?.. -.r?: 3: r. ( -•? I I 5 j i ,? ? I '.? q „1 A `? S i? / j O T (47 FAIRMONT STREET - - r r, N ::,? O" n7 i ?I ^ ~ Cb I mo,)( C', i f I. r' - 0j I" A ? 44 1239= ci t f624 7 M ILM 1619 O .? _, y :: cam. Cl ?.._ Z W J J O +^-? ?F PARK 00 I ' `STREES,' 1615 'n` o•- ? a ? o j ri ?. - -'r-: -? o?= :mot=.. , _ } a :r-=:x z` s,.:? cn ?..1 1613 ^. 1 _ of = t.. ? . •." ? _ € _ .. , = ,,. °j 06 - t 1 n 10., 12 it 14 .7, 8 r. ? I ga m 'n .10 O (0 ' t n cv ?-r N . M 1601 _ _ WOODBINE tp STREET Fy y xi ?? T=i ?.. I0? J R - O V1 s'.q p it o. 2 27 4 0 11 v Cn :n 9 $ _ ' _7 bgo 4. 3 ' 1 9 ; ad , y W c? 03 3 150, II 1 k ,1€'' 0- 12 ?J 131 14 15 ' le J 17 18 R. - O' N I cJ Cz Pf N CCn Cn Cn rn I.) co 1427 j o ? o ? n .: 1 1123 C 1 1•x21 7 6 1419 r3? I i ?? :r ' T ) nl n is a 1610 I ^J ^ I C2 1 + T1 1 ? ? 5 6 , ? 3? _ l.._. -? I 1 .. 153, v 16 15 I 14 i 13 12 I 11 z5, 10 1600 9 O ? Cn ?? 7 I "J .0 l O M T to 1" I I ? h J .. T I ;7 'r Cl N T n n Cn p to cn Co M I 1 G J J 7 86, 1.6, 1 196 20 40 253, 1508 83 t33 t93 5 125 ygp - 10 15 12 14 113 ® I 10 9 O co N tJ O to T .? 'n (J o to 1 ILI n C, I.r M ^T? M to to rn I 4p 1I :J ^? to c? ? i 1 3 51, ;?5I Sa` 1721 1 F 15 O T 1 -ol, 236, 2 \1 ' 99 3 1 `* 1 17 =? 53 12 b 50 125 u ? 12 r ^! O 2 20, 200 r 11 O c 0 T M f 1.138 r 1434 9 SPRINGDALE STREET Ito 03 C2 5 4 CGUN -Y 5.31 10 tT T !? 3 ZC3, I 6 ,D n I J to a h M i:'_ 6 ~7 1 8 PROPOSED ANNEXATION AND ZONING CLASSIFICATION OWNER: Monica O. Plange 1 CASE: ATA ANX 01-07-21 PROPERTY SIZE (ACRES): 0.18 1328 Parkwood Street SITE: _ROW SIZE (ACRES) 0.10 ZONING LAND USE j PIN: 10/24/15/71694/001/0170 FROM: R- 3/County Residential Low LMOR TO: Residential Low ATLAS 269B PAGE: Ordinance N 0. 6887-01 CDB Meeting Date: October 16, 2001 Case No. ATA ANX 01-07-21 Agenda Item: C.2. CITY OF CLEARWATER PLANNING DEPARTMENT STAFF REPORT GENERAL INFORMATION OWNER (S): Monica O. Plange APPLICANT: City of Clearwater (Pursuant to Agreement to Annex dated May 28, 1998) LOCATION: 1328 Parkwood Street, on the north side of Parkwood Street, approximately 460 feet east of Betty Lane. 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: 7,772 square feet or 0.18 acres Lot width of 67 feet by 116 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) CDB ATA ANX 01-07-21 October 16, 2001 Page 2 BACKGROUND INFORIVIATION: On May 28, 1998 Mr. Benedict William and his wife Julian William, 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 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 previous owners, 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 is now contiguous to the existing city boundaries to the north, east and west of this property. The ATA requires the City to give the property owner 60 days written notice of its intent to annex the property. The ownership of this property has changed since the execution of the Agreement to Annex on May 28, 1998 and the current owner of the property is Ms. Monica O. Plange. A notice letter was sent to Ms. Plange on July 5, 2001 and the notice period expired on September 4, 2001. ANALYSIS The City of Clearwater is initiating this annexation request, along with the abutting right- of-way along Parkwood Street, in order to bring this property into its jurisdiction in compliance with the terms and conditions established in the Agreement to Annex (ATA) of May 28, 1998. The subject property is occupied by an existing single-family detached dwelling and is now contiguous with the existing City boundaries to the north, east and west of the property. The proposed annexation is consistent with the Florida Statutes with regard to the requirements for voluntary annexation. A land use plan designation of Residential Low is proposed for this property along with a zoning category of Low Medium Density Residential (LMDR). 1. IMPACT ON CITY SERVICES Water and Sewer The City of Clearwater has been providing sewer service to the subject property since May 28, 1998. The City's ability to serve this site was documented through the Agreement to Annex and the previous owner paid the required sanitary sewer impact and assessment fees applicable at that time. 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. CDB ATA ANX 01-07-21 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 West Police District and service will be administered through the District 2 Station located at 645 Pierce Street. There are currently 42 patrol officers and six (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 it will be able to serve this property and the annexation will not adversely affect police service and response time. Fire and Emergency Medical Services Fire and emergency medical services will be provided to the property by -Station ##49 located at 610 Pierce Street. The Fire Department has stated that it 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. H. 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 the 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 category. Moreover, the annexation promotes infrll development as stated in.Objective 2.4 of the Future Land Use Plan: CDB ATA ANX 01-07-21 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 As stated earlier, the subject site is occupied by a single family detached dwelling. It leas a lot width of 67 feet and a lot area of 7,772 square feet. The zoning district appropriate for this site under the Community Development Code is the Low Medium Density Residential (LMDR) District. This district requires a minimum lot width of 50 feet and a minimum lot area of 5,000 square feet. This property exceeds the dimensional requirements of a standard development in the LMDR zoning district and is therefore consistent with the Community Development Code and City regulations. 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 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 Pinellas County staffs 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, 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. CDB ATA ANX 01-07-21 October 16, 2001 Page 5 VI. CODE ENFORCEMENT ANALYSIS There is no adverse comment from the Community Response Team (CRT) concerning this property. 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 $184.00 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 May 28, 1998. The City has been providing sewer service to the subject property since May 28, 1998, and capacity continues to be available for this utility. The proposed annexation of this property will not affect the provision of public facilities and 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 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 1328 Parkwood Street. 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. CDB ATA ANX 01-07-21 October 16, 2001 Page .6 Prep ?d br-7'?Z ?.? E S. Senior Planner Attachments Application Aerial Photograph of Site and Vicinity Land Use Map Existing Surrounding Uses Zoning Atlas Aerial Map NORTH 1 200' ' .,• .7r I ? '?l r,?, _ f' • v. 1. ?•. Z1 alt ( , . I (?: ,? ?.'• e ,i '•?1? it (b1??1 K j-i,. '; y •r81: .r ?••r-!' ''! I ?•` may' ; -? t.:• ,?.• _s? --.. t?".. at. .1 - ... .t?.° rt? r?1 :t ec !N ? r"ya" { ? - • '..:, ,'?s - .. R " y ? ; ? . «';Y -r- >r .rte- 5; y".- gyn. .???? -? ?" .r•-.'#'.7' ?1,v? ?? s? } f. 4k fA- C?„ , -C ,s try'' ',Y ., .?..« •? _ t• 'yam +, 7r ' ' I (t ?x' s M t r' r,? -r rr Yy?t t^« ( r, Iw- :-? ;? . ? ???. ?ia? .' i ? ? w.s,- ,rya, ••sM' '??? ?..? ? , .. .. . . ..? :. --•. r .-. .. -`i i t. w 7?? i. J r 1 ,? ?'"y± • L + 5 ??' y . - 6`y? ' . 7:1 K'?i ? .,,.' ?j s ? a . , t?., ? •? Nd ?,., : 1' I 1 r4 .? ... p '+ r, w-C? r ?'}} ., ?j .'? ? " L., • rf."S • 7 ? j ?1?s.. ?a,•y: +w' Yq'? i? a-? 3) ^4 ??jiJ'? e??•-Y.? } t _ -r. r' ij ? tl* . to r 4 i ?S.f ve; s ?! } t, 'f-' •f l ,,? =r' .,.I ;r. n??' t j -q Kg ? t Vii- ?' ,•? c two p ? CITY OF CLEARWATER, FLORIDA ? q 2 ?° PUBLIC WORKS ADMINLSTRAMN ENGINEERING ? NiirNlrll y W s? NORTH 1 132 0' Location Map j C z GGMIF_ GRANADA F CHARLES _ L SEDEEVA NNYDALE CR VENETIAN NOKOMIS ° LE13EAU..JJJ= IROO-jOIS w? r PRINCESS y =i= OSAGE G PLEASANT ? Z SL MOMAWK Q EL ;" CT 4, co AlmiC2 0. Plange 1328 Packwood Street ATA ANx01-07-21 y Y Iortw/d AR@EUA ? BERNUCA ST C ?? S 5T PORE r r W (? IDLEWILD z DF GRANADA NOCCLAWN? u PTXR? ' IVA 5T C ?FCEE VA CIR n W W Q Q RD C R 576 W O ? im U VISTA ?4- i > ? a C ,C o m 5T a Y2,1 a Y" m SF+INC LA ,OQ 5 THAMES LA Q 4 m ° JGEL LA BL N TLE r PROJECT SITE IAIRkGH? Lf 1?1 v y T Q FAIRMONT S Op o CLAIREZ T Q N f O ? NINNE?C ^? LBE?CKETT ALgRSMAL? tj 6ECKEtt 57 oy MARSHALL ST Q PaCo °go Si GC N o go ooW?? Q? CAFFR??L'T''ON?tIV SE-? --? RUSSELL ST 'fNCMq E?HE,?al_...J TANGERINE ?? a 57 W ENGMAN ST ENGMANST N LA SALLE 51 = Q Q OLUFF4 a " ASALLi PALM BLUFF ST J ST z ? PALM BLUFF > 7 %! z YC a JUe7GEN_- ?' Q o m CEO E CEDAR /j'?/ U5T (MAO ?aMETTO WA PALMETTO U MIRCC.1 I N 57 NUI?CNOLSON?57 NICHOLSON 7 - E __ - I SEMINDLE ( ?1 T( n MAPLE ?? LEE 5T LLL????JJJ C="? 1 a PLAZA 5T OFGIA ? r a ART 51 HART ST LINES ?? su ? GREW St - c aon m ELDRIDGE (ST r7 r- M?E Lam--' F? L??J PARKWOOO ST WOODBINE ST UJ? (SPFINGDALE a ST DO FAI?RM^O-N--T?--- S-TT a PAR ?--' a ¢ WO J a SPRIQ m U cc ° VI I° TH LIN WOOD D /?v g 4 V O WALNUT O 1FEL-MW-O SN- ALL-WOO RGSC'yCRf CITY OF CLEARWATER, FLORIDA C7 PUBLIC WORKS ADMINISTRATION ENGINEERING eta Tgi f l,''`, if AR HIBISCUS ST -l = S N71: PROPOSED ANNEXATION AND ZONING CLASSIFICATION OWNER: Monica O. Plange CASE: ATA ANX 01-07-21 SITE: 1328 Parlcwood Street PRnPERTY RO_W SIZE _ SIZE (ACRES): 0.18 (ACRES) 0.10 ZONING LAND USE PIN: 10/24/16/71894/001/0170 FROM: R-3/County Residential Low TO: LMDR Residential Low PA4 3E8 2898 N O s 3 a c m x m C c 3 m v iti lr, 7 ( ;F t., I 1 ( 11 i0 I i 7 ! 9 CV, I TERRACE ROAD 17 16 15 Q 4 2 , 10 18 14 1 ; 3 4 I I 7 8 9 1 1 FAIRMONT STREET 2 1 DRIVE °.I 0 0 N O s v w 9 C4 ?' i I -12 6 13 5 4 4 15 .. 3 2 im - 1 4 11 - 16 18 PbRK OD I` STREET 9 7 6 2 1 10 It i 1 3 - •14. 15.:. 16 18 i - WnnnD1A1C I .- rr?rrT 9 6 10 12 13 - - J 11\Li.. / 5 _4: 14 f 1 A 'j §T 17 I 18 0 0 tY D d C a v 0 z Lv J 0 1 3 4 5 6 %-0 8 36 53, 3 16 15 14 13 N 10 9 V- 8 1 2 3 4 5 6 7 86, 136, 196 8 12 3, 202 , 253 , 83 133' 193 5 125 20 250 16 15 14 13 12 10 9 - 1 1 2 3 4 6 7 6t 175 01, 236. 153 12 202 , 58 172 198 23 50 125 ' 200 16 15 14 12 11 10 9 A SPRINGDALE STREET 8 7 6 5 r4 4 a L) n V z Y EXISTING SURROUNDING USES OWNER: Monica O. Piange CASE: ATA ANX 01-07-21 SITE: 1328 Parkwood Street PROPERTY ROW SIZE SIZE (ACRES): 0.18 (ACRES) 0.10 ZONING LAND USE PIN: 10/24/15/71694/001/0170 nt R-3/Co Residential Low FROM: y u TO: LMDR Residential Low ATLAS 2888 PAGE: Nu RL PARKW000 STREET i L L R U RU ' WOODBINE STREET } L R6 I ?ul SPRINGDALE STREET W z Q Cjj R J ' L' ' , U z R4 1 -1 I F OVERLEA STREET CG U R/oS ----- ------------ LA S/LLUST cwasoN ST) -1 S Rif ADMIRAL WOODSON LANE U ENGMAN STREET (Additional) Information was provided with this item (# 12) P D See Official Records Reports/Studies 11/15/01- MTG p??'ATEa.????c Clearwater City Commission Agenda Cover Memorandum SUB.)ECT/RECOMMENDATION: Work session Item #: Final Agenda Item # l Meeting Date: 11-15-01 Petition for Annexation, Land Use Plan and Zoning Atlas Amendments for 1712 El Trinidad Drive East (Lot 4, and the South 5 feet of Lot 5, Block 2, Virginia Grove Terrace in Section 05, Township 29 South, Range 16 East); Owner: Anne Marie Wedeman. 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 1712 El Trinidad Drive East (Lot 4, and the South 5 feet of Lot 5, Block 2, Virginia Grove Terrace in Section 05, Township 29 South, Range 16 East) and PASS Ordinances No. 6888-01, 6889-01 & 6890-01 on first reading. (CC ATA ANX 01-07-22) 0 and that the appropriate officials be authorized to execute same. SUMMARY: On September 6, 1995 Mr. G. Steven Marsh, 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(s) of this property. The subject property is now contiguous to the existing City's boundaries to the south of this property. The ATA requires the City to give the property owners 60 days written notice of its intent to annex this property. A notice letter was sent to Ms. Anne Marie Wedeman, the current owner of the property, on July 5, 2001 and the notice period expired on September 4, 2001. The subject property is an existing single family dwelling and the site is approximately 0.18 acres in size. A land use plan designation of Residential Low is proposed along with a zoning category of Low Medium Density Residential (LMDR). Additionally, the ATA provides that the owner of the property at the time it is to be officially annexed pay the City of Clearwater a one time payment of $200.00, which is the property's fair share of its impact on open space. The payment of $200.00 is due to the City prior to the adoption of the associated ordinances on December 13, 2001. 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 September 6, 1995. Reviewed by: Originating Dept: Costs Legal ? Info Srvc N/A PLANNING EPARTMENT Total ? V ETIM S. U Budget N/A Public N/A User Dept. _ Funding Source: Works Purchasing N/A DCM/ACM Current CI FY Risk Mgmt N/A Other Attachments OP ORDINANCES NO. 6888-01, Other 6889-01 & 6890-01 STAFF REPORT Submitted by: City Manager ? 0 None Approp riation Code: Printed on recvcled paper Rev. 2/98 CC ATA ANX 01-07-22 Anne Marie Wedeman November 15, 2001 Page 2 The City has been providing sewer service to this property pursuant to the ATA and adequate capacity exists to serve the proposed annexation. 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 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 applications 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. At the October 16, 2001 meeting, the Community Development Board reviewed these applications and unanimously recommended approval. 2 ORDINANCE NO. 6888-01 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTY LOCATED ON THE WEST SIDE OF EL TRINIDAD DRIVE EAST, APPROXIMATELY 220 FEET NORTH OF STATE ROAD 590, CONSISTING OF LOT 4 AND THE SOUTH FIVE FEET OF LOT 5, BLOCK 2, VIRGINIA GROVE TERRACE, WHOSE POST OFFICE ADDRESS IS 1712 EL TRINIDAD DRIVE EAST, INTO THE CORPORATE LIMITS OF THE CITY, AND REDEFINING THE BOUNDARY LINES OF THE C17Y 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 applyable 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 and the South 5 feet of Lot 5, Block 2, Virginia Grove Terrace, according to the map or plat thereof, recorded in Plat Book 37, Page 29, Public Records of Pinellas County, Florida. (ATA AN)C 01-07-22) 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 Appr ved as to for Leslie K. Dougall-Sid!6%Y Assistant City Attorney Brian J. Aungst Mayor-Commissioner Attest: Cynthia E. Goudeau City Clerk Ordinance No. 6888-01 PROPOSED ANNEXATION AND ZONING CLASSIFICATION OWNER: Anne Marie Wedeman I CASE: ATA ANX 01-07-22 SITE: 1712 El Trinidad Drive East PROPERTY SIZE (ACRES): 0.18 ZONING LAND USE j PIN: 05129/16/9430/002/0040 FROM: R-3 / County Residential Law ? TO: LMOR Rasidontial Low ATLAS 264A PAGE: Exhibit A Ordinance No. 6888-01 ' ORDINANCE NO. 6889-01 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 WEST SIDE OF EL TRINIDAD DRIVE EAST, APPROXIMATELY 220 FEET NORTH OF STATE ROAD 590, CONSISTING OF LOT 4 AND THE SOUTH FIVE FEET OF LOT 5, BLOCK 2, VIRGINIA GROVE TERRACE, WHOSE POST OFFICE ADDRESS IS 1712 EL TRINIDAD DRIVE EAST, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS RESIDENTIAL LOW; PROVIDING AN EFFECTIVE DATE. WHEREAS, the amendment to the future land use plan element of the comprehensive plan of the City as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's comprehensive plan; now, therefore, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The future land use plan element of the comprehensive plan of the City of Clearwater is amended by designating the land use category for the hereinafter described property, upon annexation into the City of Clearwater, as follows: Property Land Use Category Lot 4 and the South 5 feet of Lot 5, Block 2, Virginia Residential Low Grove Terrace, according to the map or plat thereof, recorded in Plat Book 37, Page 29, Public Records of Pinellas County, Florida (ATA ANX 01-07-22) 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. 6888-01, 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 Appr ved as to for ?r Leslie K. Dougall-Side Assistant City Attorney Attest: Cynthia E. Goudeau City Clerk Ordinance No. 6889-01 ?' - - - w I o I I I W > > o DANE TERRACE cr L L Q (1l O --- O ? DRIVE I L? .1 ( w TERRACE DRIVE w > Cr. > : a 0 o o z W C) > T IL w > Ul 71 x ---- n RU 0 cn t4i LL. LO w o 0O J 5T JOHN A > f=.. U W --- w ----------- RU RU I COUNTYWIDE FUTURE LAND USE PLAN MAP NAME: ANNE MARIE WEDEMAN 1712 EL TRINIDAD DRIVE EAST PLAN DESIGNATION: RESIDENTIAL LOW ATLAS PAGE: 264A SEC. OS TWP: 29S RGE: 16E COMMUNITY DEVELOPMENT BOARD: October 16, 2001 Ordinance No. 6$$9-01 ORDINANCE NO. 6890-01 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY ZONING CERTAIN REAL PROPERTY LOCATED ON THE WEST SIDE OF EL TRINIDAD DRIVE EAST, APPROXIMATELY 220 FEET NORTH OF STATE ROAD 590, CONSISTING OF LOT 4 AND THE SOUTH FIVE FEET OF LOT 5, BLOCK 2, VIRGINIA GROVE TERRACE, WHOSE POST OFFICE ADDRESS IS 1712 EL TRINIDAD DRIVE EAST, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS LOW MEDIUM DENSITY RESIDENTIAL (LMDR); PROVIDING AN EFFECTIVE DATE. WHEREAS, the assignment of a zoning district classification as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's comprehensive plan; now, therefore, BE IT ORDAINED BY THE CITY COMMISSION OFTHE 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 and the South 5 feet of Lot 5, Block 2, Virginia Grove Terrace, according to the map or plat thereof, recorded in Plat Book 37, Page 29, Public Records of Pinellas County, Florida. (ATA ANX 01-07-22) 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 adoptim, contingent upon and subject to the adoption of Ordinance No. 688801. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Approved as to form: Leslie K. Dougall-Sid Assistant City Attorney Brian J. Aungst (Mayor Commissioner Attest: Cynthia E. Goudeau City Clerk Ordinance No,. 6890-01 _?r?,,._.. r ?.,., ?r/o, fit ,iu• + 11771 i_r^.? `t 3 ?' "4 ?? 1717 'Q?i t f 1151 I ?Iilii^ 1768 W ? 1767 t (? 1 _1770 1 f > 175:2 ?i (x 1;tJ I ?? 1750 ; 1756 } J i _ F« __ 116:5 11-47 ?- W 114-1 11 5 1 1 1^^I ( ! t 2 17? 9 l a,, 1 2 11 Q !- _ 7 -1_ 11. 47 7L 1748 1 1759 -? Q4 ,Ci W 1 f 11741 ,r ' ! 20 t I } _ /1758 >- 755 11 -1175 •? t z 1741 _.p_ 17.10 1 L __ _ 0 } 1741 1740 1 1 51 1 ? _) ? 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(21 1708 1705 11709_ 1708 1709 11711 zj I N 1 co OD 2 29 CQ ?y' 29 ,.4 2 ' 2 4 8 10 1705 9 w 1704 COUNTY w 1705 -170.1 1708 1705. 1700 1701 (D 3 I 5 3 7 9 1 JQ N 1 ?0 1 ca 30 0 I ° i 1 i 1 N ° o C1 C.) 1701 > 1700 $5 J70r _-'•' '^r N 66 °?+ 1 00 33 33 60 1 N Co N CO N.E. COACHMAN ROAD S. R. S 9 0 ? O ? L1 to rn t' t. 60 In 50 a, 50 60 t: I - ?r ?, y cp t? 47 M C13 co N CV 21 34 N } 4 f N N? 10 a CV 11 39 20 ?? N .. rsr? • S ti ? ? i o 7 ? g 9 04 !!!! 161 1613 1612 1613 1641 19 22 33' 2 ? 1e31 19 18 1 G 15 1 13 z 38 166 rsos rho ?`' lsos i 5 M 1 f ¢ lsJr. ,..a 18 W 23 ?2 W o ,J 3 :. z z z -j _j L C,j `v `? 1604 Q E15,7 1604 7605 KUMQUAT 0 160537 17 >-• 31 4 ? 1 !b'!1 Oz rso 1x01 !- z i C?l T <; 18 z 301soo 5 ?}- lsal c. t? Q 1 ~ ( , ,, ! d 5 8 Q 1521 3 a 1516 O ^g 1516 ov 1517 8 I U 1 S 6 r ---, I 35 2+ 1512 w r- n r.>7J J 1114 I 1513 ROVES 1 4 ;,0 ? 2 7 28 1 7 ) 1 13 1 5, 11 1 1 1 0, 517 7 y-r 01 N t: n N 1513 00 ?, cy cv' ar I ,, of cu ?, 3 1 _ • ! 3 PROPOSED ANNEXATION AND ZONING CLASSIFICATION OWNER: Anne Marie Wedeman !CASE: ATA ANX 01-07-22 SITE. 1712 El Trinidad Drive East ; PROPERTY SIZE (ACRES): 0.18 ZONING LAND USE z--PIN: 05/29/16/94320/002/0040 FRO%,1: R-3 / County Residential Low I T0: LM0R Residential Low i ATLAS 2Sarl PAGE: Ordinance No. 6890-01 CDB Meeting Date: October 16, 2001 Case No. ATA ANX 01-07-22 Agenda Item: C.3. CITY OF CLEARWATER PLANNING DEPARTMENT STAFF REPORT GENERAL INFORMATION OWNER(S): Anne Marie Wedema . APPLICANT: City of Clearwater (Pursuant to Agreement to Annex dated September 6, 1995) LOCATION: 1712 El Trinidad Drive East, on the west side of Trinidad Drive, approximately 220 feet north of State Road 590. 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: 8;050 square feet or 0.18 acres Lot width of 70 feet by 115 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) CDB ATA ANX 01-07-22 October 16, 2001 Page 2 BACKGROUND INFORII,IATION: On September 6, 1995, Mr. G. Steven Marsh 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 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 previous owners, 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 A.TA would constitute an application to annex at that time. The subject property is now contiguous to the existing city boundaries to the south of this property.. The ATA requires the City to give the property owner 60 days written notice of its intent to annex the property. A notice letter was sent to Anne Marie Wedeman, the current owner of the property on July 5, 2001 and the notice period expired on September 4, 2001. Additionally, the agreement requires the owner of the property at the time it is to be annexed to pay the City of Clearwater a one-time payment of two hundred dollars ($200.00). The fee is the property's fair share of its impact on open space and 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. 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 (ATA) of September 6, 1995. The subject property is occupied by an existing single-family detached dwelling and is now contiguous with the existing City boundaries to the south of the property. The proposed annexation is consistent with Florida Statutes with regard to the requirements for voluntary annexation. A land use plan designation of Residential Low is proposed for this property along with a zoning category of Low Medium Density Residential (LMDR). CDB ATA ANX 01-07-22 October .16, 2001 Page 3 I. IMPACT ON CITY SERVICES Water and Sewer The City of Clearwater has been providing seNver service to the subject property since September 6, 1995. The City's ability to serve the site was documented through the Agreement to Annex and the previous owner paid the required sanitary sewer impact and assessment fees applicable at that time. Capacity for this property 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 adverse effect on public facilities. 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 six (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 it will be able to serve this property and the annexation will not adversely affect police service and response time. Fire and Emergency Medical Services Fire and emergency medical services will be provided to the property by Station #49 located at 520 Sky Harbor Drive south of Clearwater Mall. The Fire Department has stated that it 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 ATA ANX 01-07-22 October 16, 2001 Page 4 I. 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 the 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-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 category. Moreover, the annexation promotes infill development as stated in Objective 2.4 of the 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. M. CONSISTENCY OF DEVELOPMENT WITH COMMUNITY DEVELOMENT CODE AND CITY REGULATIONS As stated earlier, the subject site is occupied by an existing single-family detached dwelling. It has a lot width of 70 feet and a lot area is 8,050 square feet. The zoning district appropriate for this site under the Community Development Code is the Low Medium Density Residential (LMDR) District. This district requires a minimum lot width of 50 feet and a minimum lot area of 5,000 square feet. This property exceeds the dimensional requirements of a standard development in the LMDR zoning district and is therefore consistent with the Community Development Code and City regulations. 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 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 CDB ATA ANX 01-07-22 October 16, 2001 Page 5 November 7, 2000. The PPC and Pinellas County staffs 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 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. 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 $227.00 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 September 6, 1995. The City has been providing sewer service to the subject property since September 6, 1995, and capacity continues to be available for this utility. The proposed annexation of this property will not affect the provision of public facilities and 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 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. CDB ATA ANX 01-07-22 October 16, 2001 Page G 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 1712 El Trinidad Drive East. 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 : kink Etim S. Udoh Senior Planner Attachments Application Aerial Photograph of Site and Vicinity Land Use Map Zoning Atlas Utilities Maps NORTH 1 "=200' 1 F rv ?M y a r, * 1 ?, 1t s?? :y [,-'ter ,jib :.A r i T. 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R. 5 9 0 O O _#40 so- m N 50 co so 6° 4 m =- ty N J9 ti 24 1817 N 40 $ - - F 761: 1673 :1812, 7613 1641 192 33 - 2 631 - - -_ ! 19 715. 16 = 15' 1 13- z X38 _ 1so lsos rso' f6091-13-1 5 ?- t? 4 lsit 18 23 32 _. _w 16 IN L Z nr J O 160 4 s s :rso4 -. 1605 to - - . ?". rf- - - 37- - - - -- KUmUUA T _ h 2 W cv I 1 .. 0 _ . .; p ? ,16 ` 15 '14 13 11 0 10.E q 10 w v . . 0 t Ts05 780 or- >soJ rsof 7 3t1 _"rsoo O z CC a 1601 $ -t Q 521 - ?-+ 751=6 1517 - 29-1576 : 26 U 1517 _ to 8 __ 1555 35' 151 1572 9 517 _ 14 28y ^ 27= 1513 9 - 7 60 a 1513 34 ? `3 M N PROPOSED ANNEXATION AND ZONING CLASSIFICATION OWNER: Anne Marie Wedeman CASE: ATA ANX 01_07-22 SITE: 1712 El Trinidad Drive East PROPERTY SIZE (ACRES): 0.18 ZONING LAND USE PIN: 05/29/16/64320/002/0040 FROM: R-3 / County Residential Low LMDR TO: Residential Low I ATLAS 2844 PAGE: a P O m C a c V 9 w 17 14 17 14? 17 14 14 15 18 18 13 18 13 14 13 13 12 " F 19 12 m 19 12 12 12 20 11 --- 11 20 11 4 20 ;y . 11 1 i 3 ? 21 10 21 10 21 iv 10 10 WW 22 9 n 22 9 0 22• ?c??' 0 9 9 23 8 23 8 23 8 8 8 4 7 24 7 24 7 7 7 5 6 25 ?6 25 6 6 6 6 5 X2,6 ' 5 26 S Q 5 7 4 ¢e? 4 w 0 27 4 a 1712 w aZ +" 4 4 8 3 8 3 ? 8 W tJ 3 3 29 2 29 .2 29 2 2 2 30 1 30 1 30 1 1 1 N.E. COA CHMAN R OAD • 2Q 5 6... L7 8.. 9 10 11 39 19 18 , 16 15 I4 13 12 w ?? 3 17 J 18 Z KUMQUAT DRIVE 17. 36 16 z 2 3 4 5 6 7 8 v 15 v 3.5 15 14 13 12 11 10 9 14 34 w w z J z O U 1 4 2 1 3 ° 5 4 x 6 5 z 7 V) 8 6 9 7 EXISTING SURROUNDING USES OWNER: Anne Maria Wedeman CASE : ATA ANX 01-07-22 SITE: 1712 El Trinidad Drive East PROPERTY SIZE (ACRES): 0.18 ZONING LAND USE FROM: R-3 / County Residential Low PIN: 05/29/18194320/002/0040 -- T0: LMDR Residential Low F ATLAS PAGE: 2t14A w 17 14 a 2 18 13 3 19 12 _ 20 11 r Z THIS IS NOT A 21 10 SURVEY Q 22 9 r 7 a 8 23 g 9 24 7 2S, 6 x 1 2 3 ?r 5 N N 12 2 4 6 8 10 1 3 5 7 9 11 S. R. 5 9 0 0 _j ST JOHN - ------------ III 71 COUNTYWIDE FUTURE LAND USE PLAN MAP NAME: ANNE MARIE WEDEMAN' 1712 EL TRINIDAD DRIVE EAST PLAN DESIGNATION: RESIDENTIAL LOW ATLAS PAGE: 264A SEC. OS TWP: 29S RGE: 16E COMMUNITY DEVELOPMENT BOARD: October 16, 2001 S?,AI?• o 99k'?ITE'?.?10? ClearNvater City Commission Agenda Cover MemorandLim SUBJECT/RECOMMENDATION: Work session Item #: Final Agenda Item # 1 Meeting Date: 11-15-01 • Petition for Annexation, Land Use Plan and Zoning Atlas Amendments for 1716 El Trinidad Drive East (Lot 5, less the south 5 feet thereof, Block 2, Virginia Grove Terrace in Section 05, Township 29 South, Range 16 East); Owner: Jacie S. Wiegand. 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 1716 El Trinidad Drive East (Lot 5, less the south 5 feet thereof, Block 2, Virginia Grove Terrace in Section 05, Township 29 South, Range 16 East) and PASS Ordinances No. 6891-01, 6892-01 & 6893-01 on first reading. (CC ATA ANX 01-07-23) 9 and that the appropriate officials be authorized to execute same. SUMMARY: On November 21, 1986 Mr. David B. Olson and his wife Judith Olson, 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 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. The subject property is contiguous to the existing City's boundaries to the east and will be contiguous to the south following the annexation of 1712 El Trinidad Drive East. The ATA requires the City to give the property owner 60 days written notice of its intent to annex this property. A notice letter was sent to Jacie S. Wiegand, the current owner of the property, on July 5, 2001 and the notice period expired on September 4, 2001. The subject property is an existing single family dwelling and the site is approximately 0.17 acres in size. A land use plan designation of Residential Low is proposed along with a zoning category of Low Medium Density Residential (LMDR). Additionally, the ATA provides that the owner of the property at the time it is to be officially annexed pay the City of Clearwater a one time payment of $200.00, which is the property's fair share of its impact on open space. The payment of $200.00 is due to the City prior to the adoption of the associated ordinances on December 13, 2001. 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 November 21, 1986. Reviewed by: Originating Dept: Costs Legal e Info Srvc N/A PLANNING DEPARTMENT Total lEv 4?) ETIM S. U Budget N/A Public N/A User Dept. Funding Source: Works Purchasing N/A DCM/ACM Current Cl l_ FY Risk Mgmt N/A Other Attachments OP ORDINANCES NO. 6891-01, Other 6892-01 & 6893-01 STAFF REPORT Submitted by: None City Manager A ro rlation Code: C*9 Printed on recycled oaner Rev. 2198 CC ATA ANX 01-07-23 Jacie S. Wiegand November 15, 2001 Page 2 The City has been providing sewer service to this property pursuant to the ATA and adequate capacity exists to serve the proposed annexation. 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 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. At the October 16, 2001 meeting, the Community Development Board reviewed these applications and unanimously recommended approval. 2 ORDINANCE NO.6891-01 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTY LOCATED ON THE WEST SIDE OF EL TRINIDAD DRIVE EAST, APPROXIMATELY 220 FEET NORTH OF STATE ROAD 590, CONSISTING OF LOT 5 LESS THE SOUTH FEET THEREOF, BLOCK 2, VIRGINIA GROVE TERRACE, WHOSE POST OFFICE ADDRESS IS 1716 EL TRINIDAD DRIVE EAST, 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: Lot 5, less the south 5 feet thereof, Block 2, Virginia Grove Terrace, according to the map or plat thereof as recorded in Plat Book 37, Page 29, Public Records of Pinellas County, Florida. (ATA ANX 01-07-23 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: 9 6 .vito 'A? 11, Leslie K. Dougall-Side AssisWi City Attorney Brian J. Aungst Mayor-Commissioner Attest: Cynthia E. Goudeau City Clerk Ordinance No. 6891-0.1 .r W PROPOSED ANNEXATION AND ZONING CLASSIFICATION OWNER: Jacie S.Wiegand ICASE: ATA ANX 01-07-23 SITE: 1716 E1 Trinidad Drive East PROPERTY 0.17 SIZE (ACRES): ` ZONING LAND USE ^ f PIN: 05/29/16/943201002/0050 FROM: R-3 / County Residential Low TO: LMDR Residential Low ATLAS '164A I PAGE: Ordinance No. 6801--01 ORDINANCE NO. 6892-01 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 WEST SIDE OF EL TRINIDAD DRIVE EAST, APPROXIMATELY 220 FEET NORTH OF STATE ROAD 590, CONSISTING OF LOT 5 LESS THE SOUTH FIVE FEET THEREOF, BLOCK 2, VIRGINIA GROVE TERRACE, WHOSE POST OFFICE ADDRESS IS 1716 EL TRINIDAD DRIVE EAST, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS RESIDENTIAL LOW; PROVIDING AN EFFECTIVE DATE. WHEREAS, the amendment to the future land use plan element of the comprehensive plan of the City as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's comprehensive plan; now, therefore, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The future land use plan element of the comprehensive plan of the City of Clearwater is amended by designating the land use category for the hereinafter described property, upon annexation into the City of Clearwater, as follows: Property Use Category Lot 5, less the south 5 feet thereof, Block 2, Residential Low Virginia Grove Terrace, according to the map or plat thereof as recorded in Plat Book 37, Page 29, Public Records of Pinellas County, Florida. (ATA ANX 01-07-23 ) 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. 6891-01, 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 Appr d as to for Leslie K. Dougal -Si e Assistant City Attorney Brian J. Aungst Mayor-Commissioner Attest: Cynthia E. Goudeau City Clerk Ordinance No. 6892-01 ? o 0 L Z L o y_ Z U) .._ 0 LA GC O L! Z w TERRACE I i ?L 01ANE TERRACE f I? F. v ¢W `? EAU A v o? M O ? . ORIVE D O R L LA - -- LAJ 2 F- cc t' RU W O W O x RU o rr o_ U Z - "- V) f- J W COUNTYWIDE FUTURE LAND USE PLAN MAP NAME: JACIE S. WIEGAND 1716 EL TRINIDAD DRIVE EAST PLAN DESIGNATION: RESIDENTIAL LOW ATLAS PAGE: 264A SEC. OS TWP: 29S RGE: 16E COMMUNITY DEVELOPMENT BOARD: October 16, 2001 Ordinance No. 6892-01 ORDINANCE NO. 6893-01 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY ZONING CERTAIN REAL PROPERTY LOCATED ON THE WEST SIDE OF EL TRINIDAD DRIVE EAST, APPROXIMATELY 220 FEET NORTH OF STATE ROAD 590, CONSISTING OF LOT 5 LESS THE SOUTH FIVE FEET THEREOF, BLOCK 2, VIRGINIA GROVE TERRACE, WHOSE POST OFFICE ADDRESS IS 1716 EL TRINIDAD DRIVE EAST, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS LOW MEDIUM DENSITY RESIDENTIAL (LMDR ); PROVIDING AN EFFECTIVE DATE. WHEREAS, the assignment of a zoning district classification as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's comprehensive plan; now, therefore, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following described property located in Pinellas County, Florida, is hereby zoned as indicated upon annexation into the City of Clearwater, and the zoning atlas of the City is amended, as follows: Property Lot 5, less the south 5 feet thereof, Block 2, Virginia Grove Terrace, according to the map or plat thereof as recorded in Plat Book 37, Page 29, Public Records of Pinellas County, Florida. (ATA ANX 01-07-23 ) 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. 6891-01. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Approved as to form: & AOr LF 1Z Z Leslie K. Dougall-Si e Assistant City Attorney Brian J. Aungst Mayor-Commissioner Attest: Cynthia E. Goudeau City Clerk Ordinance No. 6893-01 N.E. COACHMAN ROAD S. R. 5 9 0 PROPOSED ANNEXATION AND_ ZONING CLASSIFICATION OWNER: Jacie S.Wiegand SITE: FROM TO: 1716 EI Trinidad Drive East ZONING R-3 / County LMOR CASE: ATA ANX 01- 07- 23 PROPERTY SIZE (ACRES)-- 0.17 LAND USE J i PIN: 05129/16/94320/002/0050 Residential Low Residential Low ? ATLAS 264A I PAGE: CDB Meeting Date October 16, 2001 Case No. ATA ANX 01-07-23 Agenda Item: C.4. CITY OF CLEARWATER PLANNING DEPARTMENT STAFF REPORT GENERAL INFORMATION OWNER (S): Jacie S. Wiegand APPLICANT: City of Clearwater (Pursuant to Agreement to Annex dated November 21, 1986) LOCATION: 1716 El Trinidad Drive East, on the west side of Trinidad Drive East, approximately 220 feet north of State Road 590. 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: 7,475 square feet or 0.17 acres Lot width of 65 feet by 115 feet deep Single Family Residential Single Family Residential Residential Low Residential Low Residential, Single Family District (R-3)/County Low Medium Density Residential (LMDR) CDB ATA ANX 01-07-23 October 16, 2001 Page 2 BACKGROUND INFOWMATION: On November 21, 1986, Mr. David B.. Olson and his wife Judith Olson, 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 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 previous owners, 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 boundaries to the east of this property. The ATA requires the City to give the property owner 60 days written notice of its intent to annex this property. A notice letter was sent to Jacie S. Wiegand, the current owner of the property, on July S, 2001 and the notice period expired on September 4, 2001. Additionally, the agreement requires the owner of the property at the time it is to be annexed to pay the City of Clearwater a one-time payment of two hundred dollars ($200.00). The fee is the property's fair share of its impact on open space and 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. 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 November 21, 1986. The subject property is occupied by an existing single- family dwelling and is now contiguous with the existing City boundaries to the east and will be contiguous to the south following the annexation of 1712 El Trinidad Drive East. The proposed annexation is consistent with Florida Statutes with regard to the requirements for voluntary annexation. A land use plan designation of Residential Low is proposed along with a zoning category of Low Medium Density Residential (LMDR). CDB ATA ANX 01-07-23 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 November 21, 1986. The City's ability to serve the overall site was documented through the Agreement to Annex and the previous owner paid the required sanitary sewer impact and assessment fees applicable at that time. 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. The proposed annexation will not have any adverse effect on these public facilities. 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. Community policing service will be provided through the City's zone system and officers in the field. The Police Department has stated that it will be able to serve this property and the annexation will not adversely affect police service and response time. Fire and Emergency Medical Services Fire and emergency medical services will be provided to the property by Station #49 located at 520 Sky Harbor Drive south of Clearwater Mall. The Fire Department has stated that it 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 primary uses in this plan category up to a maximum of 5 dwelling units per acre. Other CDB ATA ANX 01-07-23 October 16, 2001 Page 4 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 category. Moreover, the annexation promotes infill development as stated in Objective 2.4 of the 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 REGULA'T'IONS As stated earlier, the subject site is occupied by an existing detached dwelling. It has a lot width of 65 feet and a lot area of 7,475 square feet. The zoning district appropriate for this site under the Community Development Code is the Low Medium Density Residential (LMDR) District. This district requires a minimum lot width of 50 feet and a minimum lot area of 5,000 square feet. This property exceeds the dimensional requirements of a standard development in the LMDR zoning district and is therefore consistent with the Community Development Code and city regulations. 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, following the approval of the Pinellas County charter amendment in a referendum election on November 7, 2000, the Pinellas Planning Council and the Pinellas County Planning Department are now authorized by Ordinance No. 00-63, Section 7(1-3) to review all voluntary annexations including those previously executed through valid agreement. The PPC and Pinellas County staffs 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 ANY 01-07-23 October 16, 2001 Page 5 This property is contiguous to the existing city boundaries to the east and will be contiguous to the south following the annexation of property located at 1712 El Trinidad Drive East. 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. VI. CODE ENFORCEMENT ANALYSIS There is no adverse comment from the Community Response Team (CRT) concerning this property. 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 S 180.00 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 terns and conditions established in the ATA agreement of November 21, 1986. The City has been providing sewer service to the subject property since November 21, 1986,. 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. 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 1716 El Trinidad Drive East. CDB ATA ANX 01-07-23 October 16, 2001 Page 6 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: rimRJJdoh Senior Planner Attachments Application Aerial Photograph of Site and Vicinity Land Use Map Zoning Atlas Utilities Maps r . 0M1, w O 4 x d c c N c v v m W PROPOSED ANNEXATION AND ZONING CLASSIFICATION OWNER: Jacie S.Wiegand 1 CASE: ATA ANX 01-07-23 SITE: 1716 El Trinidad Drive East PROPERTY SIZE (ACRES): 0.17 ZONING LAND USE PIN: 06/29/18/943201002/0050 FROM: R-3 / County Residential Low TO: LMDR Residential Low I N ATLAS 264A PAGE: 16 15 16 15 16 15 1? 1 m 15, - 16 15 w 15 17 14 17 1l 17 14 1 17 14 0 . 4 '?. - 13 :. 14: 18 18 13 18 3 13 1 12 '. } a ... 19 12 4 Qj 12 12 19 12 .. ..20 1 i 24 1 } . r 11`. SURVEY A _ e 4 11 .. 20 11 _ . ?- 6 2 ? 10"' _ ; 21 10 21 1G .. 10- : 21 10 zz .. w . . , •. > 7 22 .g _ ? 22 9 9 22 a o 27 0- 9 0 9 8 .23 8. Y 23 8 23 .8 8 g 23 8 4. 7 r 24 7 24. 7 7. 24 7 5 G 25 6'. S 6. 6 25 6 26 5 S 1 2 3 5 QI vj J7fE . p 5 X Qi a U G l N S? 213: 3 . 3 6 12 2 2 2 L 10 Ut . - 30 1 1 3 5 7 g t 1 30 .. 30 r 1 1 1 N.E. COACHMAN ROAD S. R. 5 9 0 J. V 2 - Z 19 2 33: ? 18 16 15 14 13 12 w' 1' 23 - : w 't;<i 3 32 ' 0 18 L" = :?. Z : ?+ : Lub DRIVE :KUMQUAT ?' > ,: : -. ' 6 z 25 30 -_ z _Z 36 2' 4 5 7 8. v' S v 26 29 v N 6 ? i5 1d 13 : . 11 in ' - 14 27 28 EXISTING SURROUNDING USES 4 S 6 7 8 9 OWNER: Jacie S. Wiegand ' CASE : ATA ANX 01-07-23 SITE: 1716 El Trinidad Drive East PROPERTY SIZE (ACRES): 0.17 ZONING LAND USE PIN: 05/29/le/94320/002/0050? FROM: R-3 /County Residential Low TO: LMDR Residential Low ATLAS ' PAGE: 2e4A 16' I 15 ' I 1r l 15 16 15 17 . 14 17 14 17 1,1 8 18 13 18 1..3 .. 16 15 1 ,7 11 c 18 3 13 19 12 + TWSIS NOT A 2 0 1 1 SURVEY- 21 22 23 24 2.5 1 2 6 10 9 ?_- 6 10 ~ 7 9 8 8 9 7 6 1t \ w? 3-A 34,N F 5 N.E. COACHMAN ROAD S. R. 5 9 0 4 5 6 7 8 9 EXISTING SURROUNDING USES 12 OWNER: Jacie S. Wiegand CASE : ATA ANX 01-07-23 SITE: 1716 El Trinidad Drive East PROPERTY SIZE (ACRES): 0.17 ZONING LAND USE PIN: 05/29/18/94320/002/0060 FROM: R-3 / County Residential Low TO: LMDR Residential Low ATLAS PAGE: 264A lb 15' 15 14 14. > a 0 O L z L O _J Z J W cr ---- ? Z vi --- 0 w 0 Z a W TERRACE .? ?. L I I I L 1 1 1 -------- ----------- DIANE TERRACE R 10 ( Imo J4` W 1 3 1 1 DRIVE 1 -- - > > o 0 Ti T R T. R cn ----- O w o RU w 0 W O x ° RU c:l cr O u z cr - - un J W COUNTYWIDE FUTURE LAND USE PLAN MAP NAME: 3ACIE S. WIEGAND 1716 EL TRINIDAD DRIVE EAST PLAN DESIGNATION: RESIDENTIAL LOW _ ATLAS PAGE: 264A SEC. 05 TWP: 29S RGE: 16E COMMUNITY DEVELOPMENT BOARD: October 16, 2001 . ,? Clearwater City Commission Agenda Cover Memorandum Work session Item #: Final Agenda Item # I q- Meeting Date: 11-15-01 SUBJECT/RECOMMENDATION: Petition for Annexation, Land Use Plan and Zoning Atlas Amendments for 1713 El Trinidad Drive East (Lot 4, less the East 32 feet thereof, Block 1, Virginia Grove Terrace in Section 05, Township 29 South, Range 16 East); Owners: Willard S. Prewitt & Donna M. Prewitt. 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 1713 El Trinidad Drive East (Lot 4, less the East 32 feet thereof, Block 1, Virginia Grove Terrace in Section 05, Township 29 South, Range 16 East) and PASS Ordinances No. 6894-01, 6895-01 & 6896-01 on first reading. (CC ATA ANX 01-07-24) 9 and that the appropriate officials be authorized to execute same. SUMMARY: On December 31, 1986 Mr. Willard S. Prewitt and his wife Donna M. Prewitt 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(s) of this property. The subject property is now contiguous to the existing City's boundaries to the north of this property. The ATA requires the City to give the property owners 60 days written notice of its intent to annex this property. A notice letter was sent to Mr. and Mrs. Prewitt, current owners of the property, on July 5, 2001 and the notice period expired on September 4, 2001. The subject property is an existing single family dwelling and the site is approximately 0.16 acres in size. A land use plan designation of Residential Low is proposed along with a zoning category of Low Medium Density Residential (LMDR). Additionally, the ATA provides that the owner of the property at the time it is to be officially annexed pay the City of Clearwater a one time payment of $200.00, which is the property's fair share of its impact on open space. The payment of $200.00 is due to the City prior to the adoption of the associated ordinances on December 13, 2001. 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 December 31, 1986. Reviewed by: Legal Budget N/A Purchasing N/A Risk Mgmt N/A Info Srvc N/A Public N/A Works DCM/ACM Other Submitted b ? . A"V.A- Printed City Aflanager ?, on reevcled Omer Originating Dept: PLANNING EPARTMENT ETIM S. _ User Dept. Attachments ORDINANCES NO. 6894-01, 6895-01 & 6896-01 STAFF REPORT ? None Total Current FY Costs Funding Source: Cl OP Other roorlation Code: Rev. 2/98 CC ATA ANX 01-07-24 Willard S. Prewitt & Donna M. Prewitt November 15, 2001 Page 2 The City has been providing sewer service to this property pursuant to the ATA and adequate capacity exists to serve the proposed annexation. 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. 0 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 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: e The proposed land use plan amendment and rezoning application are consistent with the Comprehensive Plan. 0 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. At the October 16, 2001 meeting, the.Community Development Board reviewed these applications and unanimously recommended approval. 2 ORDINANCE NO. 6894-01 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTY LOCATED ON THE EAST SIDE OF EL TRINIDAD DRIVE EAST, APPROXIMATELY 220 FEET NORTH OF STATE ROAD 590, CONSISTING OF LOT 4, LESS THE EAST 32 FEET THEREOF, BLOCK 1, VIRGINIA GROVE TERRACE, WHOSE POST OFFICE ADDRESS IS 1713 EL TRINIDAD DRIVE EAST, 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 applicabe 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, less the East 32 feet thereof, Block 1, Virginia Grove Terrace, according to plat thereof recorded in Plat Book 37, Page 29, Public Records of Pinellas County, Florida (ATA ANX 01-07-24 ) 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 Approved as to form: Leslie K. Dougall-Sides Assistant City Attorney Brian J. Aungst Mayor-Commissioner Attest: Cynthia E. Goudeau City Clerk Ordinance No. 6894-01 17 014 1755 176- 1; 17.19 7. - ? 1751 - 1 z ? 17L0 ? ' ? 1??e lJ ' __ 1746 19 1 > . 1 Z 12 (1 I co 17.11 19 17a: 1741 20 C') ---fY 11 - 2C 0 11 co 17x1 n.? 1740 21 1r ` c51c 1737 173 1736 _2 ?z 3 LLJ 1733 / f J j 1732 0 23 8 o z 8 0. 17-79 0 1728 17219 1728 1724 Q' 7 24 7 24 1725 1725 Q 1724 1721 I=F 25 1721 Q 2 5 q 6 1720 1720 2f 1716 z ¢ 5 2.6 17 7 z 51716 0:: ~ Q.. 4 w. w. m •4 4W ? N N N. C( ?" 2? rr--•??. = > 27 4 ie LMDB U 1718 O.. 1715 f-+ O . 1713 1712 ql .1713 Of 0 ?- ST JOHN 28 E 04 - 3 1714 ?? N 2 D N 14, ry C\ 1704 12 1 i?05 1709, 1708 1709 1711 04 V C17 CO N 6 N 8,a 10 18 ? 2. 29 2 2: 2 2 4 11 -.COUNTY •' '? 1705' > _1704 1708 .1 17i7S'.,: 15 CLEARWATEh 6 f700 1701 C 3 1 1 1 1 7 30 1.". 30 °.. o :1 1 1 N w - ,•..c°-? c C R to CO 6b . 1701 > - ?? 66 N . . ' ''. .. ta. Co ..:.. co N N N N N 1700 33 33 60 N N.E. COACHMAN ROAD S. R. 5 9 0 o _ ear n .? +' ' "i 60 ' _50'^ `,`+ c? "50 60 3 + vni o r` h n. h h © 70 co N N N N N - 39 w 3 21- 4 0 .. ?' 17 tc; 4 N N N N 16 9 1 11 44; w 167.. 16f3 1612. 1613 1641 2 Z 1 1 19 •2= .22' ;33 ? 2': 0 1631 ' 8 15 ?. 1 13 . N z 38 1sa -' lsos: , 160 a rsos Y 5 A 1 16.i ?=-a" g }- 23: 32` 3 ¢ rsal N N N. .` 160 Z. 1605 ' .. 1604 1605 L[J Ca QUAT ` 37 17 31 Z rslr lsos O 7A .` ?,. 160 c? rsof 3p o 1601 0- 7 a ez 4 r 1 6 25 . 5 C0 to h cc? 36 fsoo ?. 1601 to 8A 4 N 6 `?? 7 N 8 52f ?y' 1516 15f726 L9 1516 ' 1517. R Z r 1 1 A 15 6 1555 _- 3S y 151 1512 ° ° 11 13? 11 0 10 1517 z t 4 Q 2.7 28 1513 9 a ? V + 9 ¢ w ry ^+ ?0 PROPOSED ANNEXATION AND ZONING CLASSIFICATION OWNER: Willard S.Prewitt & Donna M. Prewitt CASE: ATA ANX 01-07-24 SITE: 17,13 El Trinidad Drive East PROPERTY SIZE (ACRES): 0.16 ZONING LAND USE PIN: 05/29/181943201001/0040 FROM: R-3 / County Residential Low TO: LMDR Residential Low i ATLAS 264A PAGE: i 7? 1 1 '7 76 1 F,7 1,r H 7i 1760 ?Gl JL I C a ; ?y 1 2 1 't?i4 Q 1756 U - 42) 7 i W 1754- 1755 <' 29 1'10 5 w z 1 5 l;Sz 2C I? i1- O 174e (J L. 21 75 iWSISNOTA VEY 17 T4. I 78 74 SUR w 10 17311.) 25 z j'7 7 26 ,y7.3 10 / /"24 `1729 1725 \ 1 1 i 25 6 /po 12 1 t ? 3 Exhibit A Ordinance NO. 6894-01 ORDINANCE NO. 6895-01 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 EL TRINIDAD DRIVE EAST, APPROXIMATELY 220 FEET NORTH OF STATE ROAD 590, CONSISTING OF LOT 4, LESS THE EAST 32 FEET THEREOF, BLOCK 1, VIRGINIA GROVE TERRACE, WHOSE POST OFFICE ADDRESS IS 1713 EL TRINIDAD DRIVE EAST, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS RESIDENTIAL LOW; PROVIDING AN EFFECTIVE DATE. WHEREAS, the amendment to the future land use plan element of the comprehensive plan of the City as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's comprehensive plan; now, therefore, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The future land use plan element of the comprehensive plan of the City of Clearwater is amended by designating the land use category for the hereinafter described property, upon annexation into the City of Clearwater, as follows: Property Land Use Category Lot 4, less the East 32 feet thereof, Block 1, Residential Low Virginia Grove Terrace, according to plat thereof recorded in Plat Book 37, Page 29, Public Records of Pinellas County, Florida (ATA ANX 01-07-24 ) 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. 6894-01, 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. MASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Approved as to for Leslie K. Dougall-Sides Assistant City Attorney Brian J. Aungst Mayor-Commissioner Attest: Cynthia E. Goudeau City Clerk Ordinance No. 6895-01 n w cc 0 L .1 Z; (/) z Q W I H, H - 1, ?d, I II I I 7ERRACE DRIVE > j w > o --- o 0 R -?-- N a ----- Q ? la1 > .1 ~ C7 -•- ---- RU w e a 0 r . I x ° RU 4 u Z ? N J ST JOHN W RU I COUNTYWIDE FUTURE LAND USE PLAN MAP NAME: WILLARD S. PREW= & DONNA M. PREWITT 1713 EL TRINIDAD DRIVE EAST PLAN DESIGNATION: RESIDENTIAL LOW ATLAS PAGE: 264A SEC. OS TWP: 29S RGE: 16E COMMUNITY DEVELOPMENT BOARD: October 16, 2001 Ordinance No. 6895-01 ORDINANCE NO. 6896-01 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 EL TRINIDAD DRIVE EAST, APPROXIMATELY 220 FEET NORTH OF STATE ROAD 590, CONSISTING OF LOT 4, LESS THE EAST 32 FEET THEREOF, BLOCK 1, VIRGINIA GROVE TERRACE, WHOSE POST OFFICE ADDRESS IS 1713 EL TRINIDAD DRIVE EAST, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS LOW MEDIUM DENSITY RESIDENTIAL (LMDR); PROVIDING AN EFFECTIVE DATE. WHEREAS, the assignment of a zoning district classification as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's comprehensive plan; now, therefore, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following. described property located in 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, less the East 32 feet. thereof, Block 1, Virginia Grove Terrace, according to plat thereof recorded in Plat Book 37, Page 29, Public Records of Pinellas County, Florida (ATA ANX 01-07-24 ) 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. 6994-01. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Brian J. Aungst Mayor-Commissioner Approved as to form: Leslie K. Dougail-Sid Assistant City Attorney Attest: Cynthia E. Goudeau City Clerk Ordinance No. 6896-01 1; 7 1^5:5 17?;J ?i Qr? 17 t5.1 11;51 i CZ i 1?-a E 0 PROPOSED ANNEXATION AND ZONING CLASSIFICATION OWNER: Willard S.Prewitt & Donna M. Prewitt CASE: ATA BMX 01-07-24 SITE: 1713 El Trinidad Drive East I PROPERTY SIZE (ACRES): 0.16 ZONING LAND USE PIN: 05/29/16/94320/00110040 FROM: R-3 / County Residential Law TO: LM'DR Residential Low I ATLAS 264A PAGE: Ordinance No. 6896-01 CDB Meeting Date: October 16, 2001 Case No. ATA ANX 01-07-24 Agenda Item: C.5. CITY OF CLEARWATER PLANNING DEPARTMENT STAFF REPORT GENERAL INFORMATION OWNER (S): Willard S. Prewitt and Donna M. Prewitt APPLICANT: City of Clearwater (Pursuant to Agreement to Annex dated December 31, 1986) LOCATION. 1713 E1 Trinidad Drive East, on the east side of El Trinidad Drive East, approximately 220 feet north of State Road 590. 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: 7,000 square feet or 0.16 acres Lot width of 70 feet by 100 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) 0 CDB ATA ANX 01-07-24 October 16, 2001 Page 2 BACKGROUND INFORMATION: On December 31, 1986 Mr. Willard S. Prewitt and his wife Donna M. Prewitt entered into an Agreement to Annex (ATA) the subject property with the City of Clearwater in order to receive 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 previous owners, 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 is now contiguous to the existing city boundary to the north of this property. The ATA requires the city to give the property owner 60 days written notice of its intent to annex this property. A notice letter was sent to Mr. And Mrs. Prewitt, current owners of the property, on July 5, 2001 and the notice period expired on September- 4, 2001. Additionally, the agreement requires that the owner(s) of the property at the time it is to be annexed pay the City of Clearwater a one-time payment of two hundred dollars ($200.00). The fee is the property's fair share of its impact on open space and 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. 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 December 31, 1986. The subject property is occupied by an existing single-family detached dwelling and is now contiguous with the existing City boundary to the north of the property. The proposed annexation is consistent with the Florida Statutes with regard to the requirements for voluntary annexation. A land use plan designation of Residential Low is proposed along with a zoning category of Low Medium Density Residential (LMDR). I. IMPACT ON CITY SERVICES Water and Sewer The City of Clearwater has been providing sewer service to the subject property since December 31, 1986. The City's ability to serve the site was documented through the l CDB ATA ANX 01-07-24 October 16, 2001 Page 3 Agreement to Annex and the previous owners paid the required sanitary sewer impact and assessment fees applicable at that time. Capacity for this project continues to be available for this utility. The property owners receive water service from Pinellas County and will continue to do so. This proposed annexation will not have any adverse effect on public facilities. 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 six (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 it will be able to serve this property and the annexation will not adversely affect police service and response time. Fire and Emergency Medical Services Fire and emergency medical services will be provided to the property by Station #49 located at 520 Sky Harbor Drive south of Clearwater Mall. The Fire Department has stated that it will be able to serve this property and the annexation will not adversely affect fire and EMS service and response time. In swnmary, the proposed annexation will not have an adverse effect on public facilities and their level of service. H. 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 the 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-Pubic uses, schools, ancillary non-residential and Recreation/ Open Space uses. CDB ATA ANX 01-07-24 October 16, 2001 Page 4 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 category. Moreover, the annexation promotes infill development as stated in Objective 2.4 of the 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 As stated earlier, the subject site is occupied by a single-family detached dwelling. It has a lot width of 70 feet and a lot area of 7,000 square feet. The zoning district appropriate for this site under the Community Development Code is the Low Medium Density Residential (LMDR) District. This district requires a minimum lot width of 50 feet and a minimum lot area of 5,000 square feet. This property exceeds the dimensional requirements of a standard development in the LMDR district and is therefore consistent with the Community Development Code and City regulations. IV. CONSISTENCY WITH THE COUNTYWIDE PLAN There is no change requested in the Comprehensive Plan category of the site that will remain Residential Low with a maximum density of 5 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 Pinellas 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 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 CD13 A'CA. ANX 01-07-24 October 16, 2001 Page 5 pattern of municipal boundaries. The annexation of this property is consistent with this standard and no new enclave will be created by annexation ol`this property. In summary, the annexation of this property is consistent with F lorida law. VI. CODE ENFORCEMENT ANALYSIS There is no adverse comment from the Community Response Team (CRT) concerning this property. 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 $187.00 after this annexation. SUMMARY AND RECOMMENDA'T'IONS 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 tile ATA agreement of December 31, 1986. The City has been providing sewer service to the subject property since December 31, 1986, 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 fitture 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. 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 1713 E1 Trinidad Drive East. 2. Recommend APPROVAL of the Residential Low plan category pursuant to the City's Comprehensive Plan. CDB ATA ANX 01-07-24 October 16, 2001 Page 6 3. Recommend APPROVAL of the Low Medium Density Residential (LMDR) zoning district pursuant to the City's Community Development Code, Prepared tim doh Senior Planner Attaclvnents Application Aerial Photograph of Site and Vicinity Land Use Map Existing Surrounding Uses Zoning Atlas 17 („)14 1 7 14 i ! 1776 1 (Z i 4 1 F( - J 1755 1753 C\ 1764 111771: 1771 1772 I ? ? 1?-- ? --- 1749 t 8 I 1751 t - 1 l,10 I 17c- c_r B 1768 17,67 1760? i 18 CD 1? - Iw 1 j L 1750 W 1756, 1765 1 ?I -I r7a6 1 i --1 , 1 1760 r1761 3? i i 12 i 1759 ?l6 4 Q 1756 ? 1745 19 Z?- 1 11747 1748 i 1.) 1 N \x759 - <4 29 1741 ?- 1755 w 11 Y 20 i 1758 170 W f; 54 z 5 '70 cr) 11 1752 E 11 O 1748 1741 14 1740 1751 1 1 I 2? 1 75 TLS IS NOT A 2 1 10 t CJ j n \z--/ SURVEY 1737 1735 i 1745 1 C?YD i Tai _ J8 74 1 --- f i 2 r--- 17-16 7 p A iI - 22 9 71 0 1 '37 ` 1733 1732 0 f 1739 1 0 t! --' ?f4 I' 0 23 8 IY 2,3 S ( 8 44 qa `tr35 ?`t3G 1?29 1728 1729 1738 17314 /1737 i ? L+ / icy A'l 1724 1727 -?? 24 4 1725 7 1725 1724 / 173,0 1'29 7 g6 ` ?i72s 10 172125 1721 +1725 E 1720 25 A F 1720 0 6 - .r+ z 17.21 -fir + 1 2? ^V 'a ?1?!6 ' J z 5 1716 1?- 1717 ?J (y) I I ?? ?" G 1 ,tip h? 1ry .17 171 y 0d 1 2 X . N N oc°j v ry E/3 LLJ ca m 27 4 17r3 `7 ~ 4171.2 a WMDR 4 1ry , 1s 0 ?13 ? 1714 ST JOHN /C" ca ?-- U) /V \ tV 2 P-4 1 Oa 1709:2 ,?3 J 1714 1711 co S, 1705 11,1108 L -+ ? 16 11 ?-? oc (ty N i 4 cy 1709 CO 0. CO N I N 1? 18 - 04 2 4t 8 10 COUNTY ?21 J?OS v--I "y ?f7oa i 1705 1709 1 i 1 CLEAR YVA1EF -_ -- ,-( (h 1700 11701 ( 3 7 0 1 3G 1 c°c 30 1 1 I i 3 v lt?- co Q 0a r' C)a " ? a; i co ca CO ,66 1701 "r 66 N 1700 33 03. ? 60 `? N h ti (V N. E. COACHMAN ROAD S. R. 5 9 0 r` n coo i r 60 It, oCO 50 v 50 BG r 3 =, u cMc h N N 20 "' N 21 34 N 7 4 0 ?I v l 7 g g 10 11 v9 N w 167, W rsr3 rsrz 1643 7 ! rsal (4J ?) ` 19 z 22 33 z 2 0 16:31 1604 w W 16 15 1 13 I w g 1609 1609 16113 Q 1606 } 23 32 J ; Q 1 1621 N c N 1604 Z 160.5 1601 1605 O " QUAT 160537 17 0 L-4 31 4 Co z 1611' _ 7A C Qpj t Y4 160 0 1601 30 OU f6vl _? 0- 7 17.0 ' ? to ? 3E 16 25 x600 5 101 -` BA i / N c" w ro 521 v7's 15 16 1517 6 2 9 1516 1517 5 P- l A 4 5 5 7 8 _ Z _ 0' 1556 :, 35 r51 fsr2 _ I ? o ° 1 1 517 14 150 12 27 28 1013 7 r? C\j ?? el 11 QI U { 1 1 I? `? W N O s s a 0 10 0 9 c A v a ui PROPOSED ANNEXATION AND ZONING CLASSIFICATION OWNER: Willard S.Prewitt & Donna M. Prewitt CASE: ATA ANX 01-07-24 SITE: 1713 El Trinidad Drive East PROPERTY SIZE (ACRES): 0.16 ZONING - LAND USE FROM: R-3 / County Residential Low PIN: 06/28/18/94320/001/0040 TO: LMDR Residential Low ATLAS 284A PAGE: 1 lc " 16 15 16 15 15 __ _ 76 I w 1 3; ` 15 > 17 14 17 14 14 1 14 ? ?- 1 18 13 18 13 14 - 18 l 3 ? ? ? 13 19 12 4 30 12 12 1 9 "' 1 - - - nis?snorn ?ti , >- su nvrv i 70 11 20 - 5 11 o 0 11 p .__._ 1 1 1 - iE ? ? 6 28 2l [; z - 1 I 21 td 10 10 a 10 ! _ - 7 2 9 7 ° 8 8 26 j- = 23 8 23 8 E i 24 7 24 7 7 7 7 i 1 C% i i -,4 25 6 25 6 6 6 `5 6 26 26 0 5 4 13 AY 4 7 ? . ice 4 O ?- ? 2 27 ? 27 4 1713 v - j - 8 w 3 N ST JOHN 28 ; ? } 14 ? S 3 1 ( 16 2 2 29 - 2 2 ? .4 6 8 10 _ 18 15 1 5 7 ° 11 I 13 17 I 30 1 30 1 1 1 N. E. COA CHMAN ROAD S. R. 5 9 0 E' l 3 7 1 0 11 39 20 rou 1 34 ( 2 I 1 8 9 2 19 22 33 W 16 15 14 13 12 z 38 ? 23 32 w 3 5 I A A. 1 w ` J ? z < Q 6 6 A Z KUMQUAT DRIVE Z 37 17 >- 24 31 }- 4 -' 7A ? ° 7 o R 25 30 Z z / 4 16 ° 5 x 36 8A 4 5 6 7 8 --? o U 26 29 n' N 8 11A 15 6 i -? L 35 EXISTING SURROUNDING USES OWNER: Willard S. Prewitt & Donna M. Prewitt CASE ; ATA ANX 01-07-24 SITE: 1713 El Trinidad Drive East PROPERTY SIZE (ACRES): 0.16 ZONING LAND USE PIN: 05/28/16/94320/001/0040 FROM: R-3 / County Residential Low TO: LMDR Residential Low ATLAS PAGE: 264A ¦ _, m I I RIVE OR a w IL EL 2 Z r a J J Z -. IXfI O W C3 0 LI 2 W 1 i DRIVE W ? K O O W J x O RU u Z ? w ¢ v > O r W r? INq I J...I l I?'I 1 1 1 1 1 1 ST CMX Rfr SARAH DRIVE MCATWRIIIIE W DRIVE a a COUNTYWIDE FUTURE LAND USE PLAN MAP NAME: WILLARD S. PREWITT & DONNA M. PREWITT 1713 EL TRINIDAD DRIVE EAST PLAN DESIGNATION: RESIDENTIAL LOW ATLAS PAGE: 264A SEC. 05 TWP: 29S RGE: 16E COMMUNITY" DEVELOPMENT BOARD: October 16, 2001 + w+c g - ow DRIVE ITEM # 15 ¦ /? 7 v IPA* Work session Item #: _ Clearwater City Commission Agenda Cover Memorandum Final Agenda Item # Meeting Date: 11-15-01 SUBJECT/RECOMMENDATION: • Petition for Annexation, Land Use Plan and Zoning Atlas Amendments for 1864 West Drive (Lot 3, Block C, Clearwater Highlands Unit "B" in Section 04, Township 29 South, Range 15 East) ; Owners: Kerstin E. Braun, Michael E. Beard and Larry L. Beard. MOTION: APPROVE the Petition for Annexation, Land Use Plan Amendment front 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 1864 West Drive (Lot 3, Block C, Clearwater Highlands Unit "B" in Section 04, Township 29 South, Range 15 East) and PASS Ordinances No. 6899-01, 6900-01 & 6991-01 on first reading. (CC ANX 01-08-25) 0 and that the appropriate officials be authorized to execute same. SUMMARY: The subject site is currently vacant and the applicants intend to develop it with a single family detached dwelling. The site is located at 1864 West Drive, on the west side of West Drive, approximately 220 feet north of South Drive. The purpose of the annexation is to enable the applicants to receive City water and sanitary sewer service. The site is approximately 10,134 square feet or 0.24 acres in area and can support one single family dwelling based on a density of 5 dwelling units per acre in the proposed Residential Low plan category and the Low Medium Density Residential (LMDR) zoning district. The property will be served by the City of Clearwater water and sanitary sewer service and the capacity is available for both utilities for this project. The closest sewer line is located in the right-of-way along West Drive. The sewer impact fee was paid by the applicants on August 13, 2001. The applicants are aware that they will be responsible for the additional cost to extend sewer service to the property and for the utility deposit required for a new home. 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 %-,UIIIIIIUI I lly UCVMUPI IICIII IiUUU. Reviewed by: Legal 45r' Info Srvc N/A Budget N/A Public N/A Works Purchasing N/A DCM/ACM '-8C Risk Mgmt N/A Other Submitted by: ?.J City Manager Printed an recvcled Uaoer Originating Dept: Costs PLANNING DEPARTMENT Total (ETIM S. U User Dept. Funding Source: 1LANNING DEPARTMENT Current Cl FY Attachments OP ORDINANCES NO.6899-01, Other 6900-01 & 6901-01 STAFF REPORT 0 None on Code: Rev. 2/98 CC ANX 01-08-25 Kerstin E. Braun, Michael E. Beard and Larry L. Beard November 15, 2001 Page 2 • 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 applications 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. At the October 16, 2001 meeting, the Community Development Board reviewed these applications and unanimously recommended approval. 2 ORDINANCE NO. 6899-01 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTY LOCATED ON THE WEST.SIDE OF WEST DRIVE, APPROXIMATELY 220 FEET NORTH OF SOUTH DRIVE, CONSISTING OF LOT 3, BLOCK C, CLEARWATER HIGHLANDS UNIT "B", WHOSE POST OFFICE ADDRESS IS 1864 WEST 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 3, Block G, according to the Plat of Clearwater Highlands Unit "B" , as recorded in Plat Book 30, Page 29, Public Records of Pinellas County, Florida (ANX 01-08-25) 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 Approved as to form: r Leslie K. Douga I-Sid s Assistant City Attorney Brian J. Aungst Mayor-Commissioner Attest: Cynthia E. Goudeau City Clerk Ordinance No. 6899-01 20 1916 42 1912 41 J9ae 40 1904 1902 Meter 39 1900 1933 -- -L 193? 15 6 to 'Cj AM r? ?, --- 1927 to n to -j Z 7 6 LLI -)5 1 t, Y > 5 % ?1 E 17 ? O 1921 ? 1911 20 ^19 ?18 ` r 1 20 to 1 2 o J o 4 5 o Q -- -, - - -1?? 27 to o _U -10 1907 D- 23 24 25 25 o THIS ISNOTA 22 m o ?`', ,ya r9r4 ° ELIZABETH LA -suRVe,r 1 Fr?121 to 2 10 3 Cn 4. to 9) N 5 to to aD to 6 SUN ET LAK E E TA ES U: IT I 46 -57 36 32 31 c r I Q) , ^ co m ° SUNSET POINT ROAD C. R. 576 CLEARWA TER -- -2 `J u ERIN LANE 1901 0 N C; l?isi?s`\ -- 36 7)0 1900 35 34 33 32 31 -,low \br?- 60 328 100 M 1866 ^ 60 1869 ;n 1n ^ 1868 60 +* _- tI1V ?;`lF+ i Yy?n Vol 1899 2 1897 1895 2C 4 3 2 (?C1 ? r" SAM 1893 ------ 1898 lit 1891 1889 ; •---------- 0)12 1865 5 1864 W 1867 it 2 z 1887 _ '-w T Q d 3 1885 -s}' }+ a4 Y 1883 F 5 _ -? • W 1875 > W 1 ° 1 t C'7 186J .. Ywp -7 '&' ::ti ! : :l .+ '4.. ?T• ?F a- 9 t2xtc: «+ ?,+ t /0$ Z J 1877 W 1873 _ 1871 ?D 1874 C? 1869 1848 Z 1857 Cr 1867 I 1865 /09 0 1863 18•16 ----------- E" 0 w /10 z 4 ?? 1861 18.14 . "iezs " 31/04 -• 1827 _ 1823 1840 31/07 ?` ;1815 1831 HIGHLAND SdUARE 185 ; 0 a B 111 1857 5 R@ Q 6 ._ ? _ L z ? ?:,. .. _ . :? Via... 1851 O W "Man 1 03 6] N - i - c) In 1844 cv ?0 7 1845 1 T 14 3 25 1842 Cn C> CV 18 1844 A+ - 1843 1840 0 !f 2 , 24 12 1840 1838 0 1 1836 I2Q 3 r- z .24? 23 1841 Ej 1834 1832 :o( r•i 1835 22 ° 183 ti t? W 4 - -- r T^ '_ __ - C\Y 7 1830 2 1828 2 1833 21 1828 5 V) ;- 20 0 1824 W 1825 1e31 ?- 6 13 1822 1823 PROPOSED ANNEXATION AND ZONING CLASSIFICATION OWNERS: Kerstin E. Braun, Michael E. Beard and Larry Beam CASE: ANX 01- 08- 25 `-` _ SITE: 1864 West Drive - _ PROPERTY _ SIZE (ACRES): 0.24 ZONING LAND USE PIN: 04/20l15116470/003l0030 FROM: R-3/County Residential Low TO: LMDR Residential Low ATLAS 261A PAGE: ui ORDINANCE NO. 6900-01 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 WEST SIDE OF WEST DRIVE, APPROXIMATELY 220 FEET NORTH OF SOUTH DRIVE CONSISTING OF LOT 3, BLOCK C, CLEARWATER HIGHLANDS UNIT "B", WHOSE POST OFFICE ADDRESS IS 1864 WEST 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 hereinafteFdescribed property, upon annexation into the City of Clearwater, as follows: PropertV Land Use Category Lot 3, Block C, according to the Plat of Clearwater Residential Low Highlands Unit "B", as recorded in Plat Book 30, Page 29, Public Records of Pinellas County, Florida (ANX 01-08-25) 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. 6899-01, 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 Appr . ved as to fo Leslie K. Dougall- i es Assistant City Attorney Brian J. Aungst Mayor-Commissioner Attest: Cynthia E. Goudeau City Clerk Ordinance No. 6900-01 POINT I I ?Ul 1n CG R RL ul. w T/U o RU SOUTH DRIVE LJ RU z U.1 d RL 1921 GREENLEA RH J L I T_ I , R SANDY LANE CC --- 0 J W cc 0 W J a C z c a a z v W 0 W O d J J Li m RL COUNTYWIDE FUTURE LAND USE ]PLAN MAP NAME: KERSTIN E. BRAUN, MICHAEL E. BEARD & LARRY L. BEARD 1864 WEST DRIVE =PLAN DESIGNATION: RESIDENTIAL LOW ATLAS PAGE: 261A SEC. 04 TWP: 29S RGE: 15E COMMUNITY DEVELOPMENT BOARD: October 16, 2001 Ordinance No. 6900-01 ORDINANCE NO. 6901-01 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY ZONING CERTAIN REAL PROPERTY LOCATED ON THE WEST SIDE OF WEST DRIVE, APPROXIMATELY 220 FEET NORTH OF SOUTH DRIVE, CONSISTING OF LOT 3, BLOCK C, CLEARWATER HIGHLANDS UNIT "B", WHOSE POST OFFICE ADDRESS IS 1864 WEST 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 classifcation 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 3, Block C, according to the Plat of Clearwater Highlands Unit "B", as recorded in Plat Book 30, Page 29, Public Records of Pinellas County, Florida (ANX 01-08-25) 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. 689901. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Approved as to form: ?? J"'a Leslie K. Dougall-tfd-qJ1 Assistant City Attorney Brian J. Aungst Mayor-Commissioner Attest: Cynthia E. Goudeau City Clerk Ordinance No. 6901-01 o AM - 4? ;n t - ---j T I _ 7 -? 9 ^J 17 W` I -5 0 > i / o o z 191 190 I z, i _ -'-^ ? THIS LS NOT A LA ELIZABETH SURVEY 1908 3 , 1 ) = 1 ?,. 1(? In6 ERIN LANE1' 1-14oR LsUNSET'LAKE ESTATES 19U? a 1901 190 UNIT I 46 571 J7 .JJ ! J-? , V .J 6 _ i L 1 J^ .J1 I I 1900 ( ' m i SUNSET POINTIII I ROAD C. R. 576 CLEARWATER 328 100 1899 189 I 1866 ? [ 50 11859 1868 ? l 60 ) CCUNjY•. _ 4• r M 1 pti?s t s`?t ' ? - 01 1895 1833 2-Ci.FX? ? 1 I s f ' + `}869 `_r_: n 1898 W 1 1891 u 1889 s = 'r' 166 zV*n - * ( i - _ m12 - 186.7 1865 ? ? I 1867 It 1987 n R! A ' W 1985 1883 W > 78 +:: 61`"?,r.; W Q '875 4 - -- 1861 r;?f= = ` ` # /03 18.E ------ :, { ( ? 1871 _ J 18 71 ? '869 ?_ ?-?r'?"s ? }. ? ?r?tftt a _ ?_ .T ?? E?l'1+"?`_'.' .:? . ? ?'?``Sa'-'?r? :`h` • y k ?.?'. r. .. , r tt , ? ry "%t: ?:?s 1818 S 1857 0? `s. 1867 1865 185 #Q ? ? L / f 1857 R@ 5 Q !09 Q 1 8n"3 ' L Z 18 -16 E- © te 1851 fY S . . J O . = x= L ui y 18x4 `° d ` ° 1 1845 t!1 /10 Z 1861 1 18.74 ., 1 ? 5 ? 18x2 9 A N 1 IB Q -7 18-13 /Bat 0 1 1844 ` r - ? ` 1 M 18x0 _ - IB3B - ........................... 1836 3 Y ' 18a, 0 I 11131 H -. l .. 1829 I ' T ? -4j i , IB27 •--- 1832 l U i 1 1 C 31 /0 4 I %$25 183 2 U) - -= 1935 - rB30 I ! 3 2 8x0 L 1828 183 2; M 1828 18, -- - 31 i/0' O j W 1 1825 -- -- - 18'7 ? • 1815 X831 - 1824 . 1831 cf- o , ? J t HIGHLAND SOMARE PROPOSED ANNEXATION [ AND ZONING CLASSIFICATION OWNERS: Kerstin E. Braun, Michael E. Larry Beard Beard and CASE: ANX 01-08-25 SITE: 1864 West Drive j PROPERTY SIZE (ACRES): 0.24 ZONING. LAND USE I PIN: 04129/15116470/003/0030 FROM: R-3/County Residential Low ! TO: LMDR Residential Low ATLAS 261A PAGE: Ordinance No. 6901-01 CDB Meeting Date: October 16, 2001 Case No. ANX 01-08-25 Agenda Item: C.6. CITY OF CLEARWATER PLANNING DEPARTMENT STAFF REPORT GENERAL INFORMATION OWNERS: Kerstin E. Braun, Michael E. Beard and Larry L. Beard LOCATION: 1864 West Drive, on the west side of West Drive, approximately 220 feet north of South Drive. 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: 10,434 square feet or 0.24 acres 74 feet wide by 141 feet deep PROPERTY USE Current Use: Vacant lot to be developed with detached dwelling Proposed Use: Single family residential PLAN CATEGORY Current County Plan Category: Residential Low Proposed City Plan Category: Residential Low ZONING DISTRICT Current County Zoning District: Proposed City Zoning District: Residential, Single Family District (R-3) Low Medium Density Residential (LMDR) ANALYSIS The subject site is currently vacant and the applicants intend to develop it with a single family detached dwelling. The property owners are requesting this annexation in order to receive City water and sewer service. This property is contiguous with existing City boundaries to the north, east and west, therefore, the proposed annexation is consistent with Florida Statutes with regard to voluntary annexation. The site is approximately 10, 434 square feet in area or 0.24 acres and can support one single family dwelling based on a density of 5 dwelling units per acre in the proposed Residential Low plan category and the Low Medium Density Residential (LMDR) zoning district. CDB ANX 01-08-25 October 16, 2001 Page 2 1. IMPACT ON CITY SERVICES Water and Sewer: The applicants will be receiving water and sewer service from the City of Clearwater and capacity is available from both of these utilities for this project. The closest sewer line is located in the right-of-way along West Drive. The sewer impact fee of $900.00 was paid by the applicants on August 13, 2001. The applicants are aware that they are responsible for the additional cost to extend sewer service to the property and for the utility deposit required for a 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 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 it will be able to serve this property and the annexation will not adversely affect police service and response time. Fire and Emergency Medical Services: Fire and emergency medical services will be provided to 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 01-08-25 October 16, 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 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. 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. 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 As stated earlier, the application for annexation involves a vacant lot that is intended to be developed with a single family detached dwelling after annexation. The property is 74 feet in width and 10,434 square feet in lot area. The appropriate City zoning district for this site is the Low Medium Density Residential (LMDR) district. This district requires a minimum lot width of 50 feet and a minimum lot area of 5,000. The subject property exceeds the minimum dimensional requirements of a standard development in the LMDR district and is therefore consistent with the Community Development District. 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 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. O X. CDB ANX 01-08-25 October 16, 2001 Page 4 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, 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. 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. 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 applicants have paid the applicable sewer impact fee of $900.00 and are also aware of the additional cost to connect the property to the City sewer system. The proposed annexation and use are consistent with both the City's Comprehensive Plan and the Countywide Plan both with regard to the Future Land Use Map as well as goals and policies. The proposed 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: Recommend APPROVAL of the annexation of the property located at 1864 West Drive. Recommend APPROVAL of the Residential Low 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. Aerial Map l; NORTH 1 "=200' 1 ?f .•I ? . ) l'+_jJ{{r rT µ R'!a? i w ?• ? S M r • IYI?1:' ++??..^??.ii1??1? t A- L.. ' r ,. i' ? 1 ? s i '?'i r y,? ' . ?'' t'? ,1... ??` a •!?/ (?; ?( r L?"s`' ") I {' ?. .1d, i ? •.r t( {(' ? ,? ?? y •. ??i er' l? t ..._ .. . 1{1F,I• ?.?.r aS:.+ - "+.i !' ,... .?t j . i.i ':,.. , •? '? r yt~; '. J.p' tr..::++?Jr ti,.. Div :. '?. , R _?. • :'x ?Mr ?i?ar yr .T .. s. `?v ? .. A?,},y,..:' ? ,Ff JnYt ..: ,y?!n...ip... ( ?? •J ?g??-• ,t '? -'YY'.?=K, `.r» ?dfJ-. •, ?',,,yr•,y. `S%•. J;^V.N Jityb?+ •?: r <.}..a J.',•.:.L... t•a 1 ^?i, 119 '-f 1r L? ? ' , ? r,} ?4? ?\ I ?` { yy .1.? j `S•'e `?'w•?y?y?w??i!ns ? - ? ''i = •. _? < ... Pik ? ? .?. ? '? its ??} y .J€ lrf? ? 'a.. •.t ?jrr .Z'` ? w +? ?? Sr . v ' ? '? K ????? , Yyi / ? `BPS ?' ¦ Y ? y ? j ` ? •, f. t j Trtrt? I • i ? Q -ti 1,? Y' " a ? a :. Sf1i r.. .,, ¦ I KP. i ? ? ^ +I 1 J "Am ?.yr.,A IJ _ t. .•.??I ; A 9.' CITY OF CLEARWATER, FLORIDA PUBLIC WORKS ADMINISTRATION ENG O INEERING J x w 0 w fl I lit Location Map 4111 T! Kerstrn E. Braun, IlEchael E. Beard awd Larry Beard NORTH 1864 Kest Drive ANX 01-08-25 1 1320' _ _ _ , 1-1 Ti? 11-1- PLAZA OR LEXINGTON I 5T < F I -? SRO-AN-OK-E 5 t X) DR RICHMOND ST o) ; E NORFOLK == J ST 0 u PALM D<nS P c?i? APBEUA ?? BERMUDA ST 00 r W < IDLEIMLD`N n = OR ; D,C= WOODLAWy A TERR 13 Lcl 0 1 `_- L---L E XING TON > u 3 ? a O it < a a ?. / W \ W `if It 0 SANDWPER CRANE CT EGRET CT ° HERON TC 4 u OSPREY CTo m' IBIS CT N 6 SEDEEVA CIR N J CIR S ? BERTLAND n STATE ALOHA O W z m `? W m SHE ? x ? w u s VISTA WAY < j 4n N CAROL O ° TOWNSEND ST K ax (k: K W Cl ° ° ° 'a THAMES ST t PRINCE PHILIP ST BENTLEY ST Li L i L i (?- DR a a = CARLISLE ST W C3 J ° ¢ u LINMVOD co OR CIR Z 2 < FAIRM T ST SLOGAN Sf CLXRE FAIRMONT ST ell IIIP?PAARKW??OODJJJ ST -F < J < `?2 r------? a t PARKW000 < ` SCOTT ,T o LA -C OWOODAINE ST WO CMUDD D<LEOLA 5 J CQ F F ' SHERWOOD DR SPRIN4UALE ST ame O ^ Mr?WQ ST a SPRINGOAIE a [ J U GENTRY S7 r j F -- m -? L ST OVERLEA ST --=1 CARROLL W ?+ i?? -11 CAR?ROI?I ST ¢ 'J < Q. < ENGMANST -'OR t_ T v iU PINEBROOK OR LONG ST < Y < ASALIE Q? ??" ?? WEBB DR S m ADMIRAL fWOO-DSONN LA < !?"1 f t"LARKST 1W N HIBISCUS G LEVERN ST `a GRAND ?7 v W Z)CEEDDAR (HIBIS?CUSSTST 3 N H??Q??? d ? BONAIR S7 CD u PALAIET"TO T C. R. 548 PALMETTO ST N LF.-?-__J7 S7 WALNUT ST g NICNGLSON ? --? ? ?Q ELMWOOD ST L d X111 CITY OF CLEARWATER, FLORIDA PUBLIC WORKS ADMINISTRATION 3 ENGINEERING . , .IIII Lu PALM ALLARD DRIO AL W ?o W I y I ( I I _/ °?? 6 24 9 BYRAM z I 16 5 25 8 7 6 21 ? 17 0 20 19 18 2 7 28 N?? 2 3 4 5 - 25 f 26 4 ?+ ti 22 23 24 3 ) ? ?? E LIZABETH LA. P 3 41 0? ?a+ 29 ERIN LANE' 36 30 35 34 33 32 31 1 1 2 3 4 5 ni nassuavis 36 35 34 33 32 31 SUNSET POINT ROAD C. R. 576 CLEARWATER -------------------- :__: =z t'`=> 1 3 2 tr t:: /01 2 2 4.r N ' w 12 a- 3_r L - TM,.?i4?is rrr..t..'--sue := ?'u-kk s>4 /p $ nt scar ` r_%.a ??: p<* _ z 5 /09 6 Z 6 < 25 /10 4 1! - 10 24 =.1=gig .? ?3 11 _y.z. 23 11 ---------------------------- 31/04 r------- =s? 22 ---------; 4:°: - 7 12 I _d .____-__ , 7th 21 zs Q 31 /07 =z =?k= 20 w b ?nJ ?,.,},. a = 6 13 31/05 ------------------' 19 -------- ?.. y 14 R EXISTING SURROUNDING USES OWNERS: Kerstin E. Braun, Michael E. Beard and LarryBeard I _CA SE: ANX 01-08-25 SITE: 1864 West Drive PROPERTY SIZE (ACRES): 0.24 OM F ZONING R- 3/County LAND USE Residential Low PIN: 04/29/15/18470/003/0030 : R TO: LMDR Residential Low I ATLAS 261A PAGE: and POINT ?- nI CG W z W a R JRL w T'ZU o RU SOUTH DRIVE RL RU --- - RL E 192 GREENLEA zz RH a J U' `z SANDY LANE ca J W ac W J Q r.? z 0 d 2 W 0 I Rt W 0 Q W w J J W m COUNTYWIDE FUTURE LAND USE PLAN MAP NAME: KERSTIN E. BRAUN, MICHAEL E. BEARD & LARRY L. BEARD 1864 WEST DRIVE PLAN DESIGNATION: RESIDENTIAL LOW ATLAS PAGE: 261 A SEC. 04 TWP: 29S RGE: 15E COMMUNITY DEVELOPMENT BOARD: October 16, 2001 Clearwater City Commission Agenda Cover Memorandum Originating Dept: Costs PLANNING EPARTMENT Total E( TIM S. User Dept. n0 Funding Source: Meeting Date: 11-15-01 SUBJECT/RECOMMENDATION: • Petition for Annexation, Land Use Plan and Zoning Atlas Amendments for 1517 Country Lane East (Lot 6, Country Lane Subdivision in Section 08, Township 29 South, Range 16 East) ; Owner: Katherine B. Horner. 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 1517 Country Lane East (Lot 6, Country Lane Subdivision in Section 08, Township 29 South, Range 16 East) and PASS Ordinances No. 6902-01, 6903-01 & 6904-01 on first reading. (CC ANX 01-08-26) Z and that the appropriate officials be authorized to execute same. SUMMARY: This site is located at 1517 Country Lane East, on the east side of Country Lane East, approximately 330 feet south of State Road 590. The purpose of the annexation is to enable the applicant to receive City sanitary sewer service. Currently, water service is being provided by Pinellas County and will continue to be provided by the County. The subject property is an existing single family residential home and the site is approximately 0.19 acres in size. Aland use designation of Residential Low is proposed along with a zoning category of Low Medium Density Residential (LMDR).) 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 of the subject property in the right-of-way along Spring Lake Drive. The applicant will be responsible for the payment of the sewer impact and assessment fee, as well as the utility deposit for this existing home after the sewer line is installed by the City of Clearwater. The applicant is aware of these fees. The Planning Department determined that the proposed annexation is consistent with the following standards specified in the Community Development Code: 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 uevelopment c:oae. Reviewed by: Legal a Info Srvc N/A Budget N/A Public N/A Works Purchasing N/A DCM/ACM :f:w Risk Mgmt N/A Other Submitted by: &? U City Manager 04-t-? Printpd on reeveled naner PLANNING DEPARTMENT Current Cl FY Attachments OP ORDINANCES NO.6902-01, Other 6903-01 & 6904-01 STAFF REPORT ? None Work session Item #: 0 Final Agenda Item # /10 Aporooriation Code: Rev. 2/98 ; CC ANX 01-08-26 Katherine B. Horner November 15, 2001 Page 2 • 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 !and use plan amendment and rezoning applications 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. 0 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. At the October 16, 2001 meeting, the Community Development Board reviewed these applications and unanimously recommended approval. 2 W ORDINANCE NO. 6902-01 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTY LOCATED ON THE EAST SIDE OF COUNTRY DANE EAST, APPROXIMATELY 330 FEET SOUTH OF STATE ROAD 590, CONSISTING OF LOT 6, COUNTRY LANE SUBDIVISION, WHOSE POST OFFICE ADDRESS IS 1517 COUNTRY LANE EAST, 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 trap 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 ordirance; 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, Country Lane, according to the plat thereof recorded in Plat Book 43, Page 65, Public Records of Pinellas County, Florida (ANX 01-08-26) 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 Engireer, 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 adcption. 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 cettified 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. Douga Assistant City A Brian J. Aungst Mayor-Commissioner Attest: Cynthia E. Goudeau City Clerk Ordinance No. 6902-01 .n +;•?i 171% V!:'1G 1 LI ?-• ---' ----•---- --, J Cam; _ _ _ filOt-7.14 ? ? ?;G?.no4+w F- r ...-- =' ; > Q 17, ? y 171? ( w 7f.' ? ' /71f1 0 E-! i:!! 1703 1 ? ' 17C+_'? -_--- li 1705 ?riJ i^(; ty t;0 1700 I '.1 1700 G6 `? 17001'33 3,31 w - - ,vv ? tv V) T .. -A / J - i Yom- j ? `r ;a I ' r =J ? (nom t 7, n _ 1 i JCHN S, f -t 71115 IS NOT A 1 7(/ l ? ? Ir. ? _? `./ i 1 - ? - 1 j a i - SURVEY ? - to _3 C\l cz) Q3 10, N.c. COACHMAN ROAD S. R. S 9 0 • J :J 60 o z ? r. ?. m.f 20 ,. vti , 1 .J M c"r N 11 J9 w 21 ?r 1617 :,)j cj( 12/02 ?. 1612 1613 161- W 1613 ;n 41 ^I 1'-- ? } i I. ? t9 2' 33 2 w - -u-= _ z .- 2. J 1609 160 1608 Q 1609 J I:: i : 10 LLJ 23 32.. J ° !-1ri:?i a; - = ( 2 low z a :- -a . ?i_ Iso4 _ ¢1_ :rsa5 -1604 _ ?- .16g5 11/E` +x 37 77=; :°'?-° 24'? ==31 z: - 4 J 1G,/ - - ,? 3. 107 rsos -j -- f (? 2 160J C' 7 ` ' 160 =i? '1601 - := ? h 3 - 1 ?:? - J 25 G IZ ICH c ,601 a .? .} 103 .151? f. 6 a U` `N - ¢? =7516 ?: 151 8 J y I_ -- ISS 1513 ? a x I 511^ >12 1n E-7 -28' i 9 '? 50 7 Rir/E ?-. f g { f'. _ _ vM Q E _ 4 _ T "a7 V i^ C co E- i 1509 % F n, s ; 716 n S _y a R! ? ° 5593 _1 =9 s 1'311 I i. i j ? ` - Q ' 32 ,RIVE A: "o L_?_- /J - 8 30 4.6 7:. _ I 9 ?• 17 - (PEI6LIC) t__ 11413 ???' `mac' `?? r3 2 Q 78' t` a $.,/i fit/ =.'E" 3 = ?? / I 7p4 PROPOSED ANNEXATION AND ZONING CLASSIFICATION OWNER: Katherine B. Horner CASE: ANX 01-08-26 SITE: 1517 Country Lane East PROPERTY SIZE (ACRES): 0.19 ZONING FROM: R-3/County TO: LMOR LAND USE Residential Low Residential Low PIN: 08/29/16/1-9630/000/0060 ATLAS 2736 PAGE: Cxilibit :1 Ordinance No. 6902-01 ORDINANCE NO. 6903-01 _ 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 1 LAND USE FOR CERTAIN REAL PROPERTY LOCATED ON THE EAST SIDE OF COUNTRY LANE EAST, APPROXIMATELY 330 FEET SOUTH OF STATE ROAD 590, CONSISTING OF LOT 6, COUNTRY LANE SUBDIVISION, WHOSE POST OFFICE ADDRESS IS 1517 COUNTRY LANE EAST, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS RESIDENTIAL LOW; PROVIDING AN EFFECTIVE DATE. WHEREAS, the amendment to the future land use plan element of the comprehensive plan of the City as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's comprehensive plan; now, therefore, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The future land use plan element of the comprehensive plan of the City of Clearwater is amended by designating the land use category for the hereinafter-described property, upon annexation into the City of Clearwater, as follows: Propert y Land Use Category Lot 6, Country Lane, according to the plat thereof Residential Low recorded in Plat Book 43, Page 65, Public Records of Pinellas County, Florida (ANX 01-08-26) 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. 6902-01, 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 Appro ed as to --p AgaldC61& Leslie K. Dougall- s Assistant City Attorney Attest: Cynthia E. Goudeau City Clerk Ordinance No. 6903-01 I !III I I I I I KUMQUAT DRIVE I I t JW I a I I I i Lj J SHAo000x DRIVE C7 W I ± o a ? J a J Q U AVOCADO DRIVE C a z L a. NAVEL DRIVE Rf? RL 3 W W I w ` a a J J R L ?- C Cr_ D O Lj LAll - EDENWOOD w t, z -rut- I a I%- T CANDLEWOOD STREET IB DOVEWOOD STREET I w z !a1 a w O Li Y Q J d N R HMEWOOD STREET Z Z uj y a a COUNTYWIDE FUTURE LAND USE PLAN MAP . NAME: KATHERINE B. HORNER 1517 COUNTRY LANE EAS-r PLAN DESIGNATION: RESIDENTIAL LOW ATLAS PAGE: 273B SEC. 08 TWP: 29S RGE: 16E COMMUNITY DEVELOPMENT BOARD: October 16, 2001 Ordinance No. 6903-01 ORDINANCE NO. 6904-01 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 COUNTRY LANE EAST, APPROXIMATELY 330 FEET SOUTH OF STATE ROAD 590, CONSISTING OF LOT 6, COUNTRY LANE SUBDIVISION, WHOSE POST OFFICE ADDRESS IS 1517 COUNTRY LANE EAST, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS LOW MEDIUM DENSITY RESIDENTIAL (LMDR); PROVIDING AN EFFECTIVE DATE. WHEREAS, the assignment of a zoning district classification as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's comprehensive plan; now, therefore, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following described property located in 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 6, Country Lane, according to the plat thereof recorded in Plat Book 43, Page 65, Public Records of Pinellas County, Florida (ANX 01-08-26) 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. 6902-01. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Approved as to form: Leslie K. Dougall-Sid Assistant City Attorney Brian J. Aungst Mayor-Commissioner Attest: Cynthia E. Goudeau City Clerk Ordinance No. 6904-01 W PROPOSED ANNEXATION AND ZONING CLASSIFICATION OWNER: Katherine B. Horner CASE: ANX 01-0$-26 SITE: 1517 Country Lane East PROPERTY SIZE (ACRES): 0.19 ZONING LAND USE PIN: 08/29/16/186301000/0060 r FROM: R-31county Residential Low TO: LMOR Residential Low ATLAS X738 ?AGE: Ordinance 1%. 6904--01 CDB Meeting Date: October 16, 2001 Case No. ANX 01-08-26 Agenda Item: C.7. CITY OF CLEARWATER PLANNING DEPARTMENT STAFF REPORT GENERAL INFORMATION OWNER: Katherine B. Horner LOCATION: 1517 Country Lane East, on the east side of Country Lane East, approximately 330 feet south of State Road 590. 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: 8,450 square feet or 0.19 acres 65 feet wide by 130 feet deep PROPERTY USE Current Use: Existing single family dwelling Proposed Use: Existing single family dwelling PLAN CATEGORY Current County Plan Category: Residential Low Proposed City Plan Category: Residential Low ZONING ]DISTRICT Current County Zoning District: Proposed City Zoning District: Residential, Single Family District (R-3) Low Medium Density Residential (LMDR) ANALYSIS The applicant is requesting this annexation in order to receive City sewer service. Currently, water. service is being provided by Pinellas County and will continue to be provided by the County. This property is contiguous with the existing City boundaries to the south and east of the property; therefore, the proposed annexation is consistent with Florida Statutes with regard to voluntary annexation. The subject site is occupied by an existing single-family detached dwelling and it is proposed that the property have a land use plan designation of Residential Low and a zoning category of Low Medium Density Residential (LMDR). CDB ANX 01-08-26 October 16, 2001 Page 2 1. IMPACT ON CITY SERVICES Water and Sewer: The applicant is currently receiving water from Pinellas County 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 of the subject property in the right-of-way along Spring Lake Drive. The applicant will be responsible for the payment of the sewer impact and assessment fee, as well as the utility deposit for this existing home after the sewer line is installed by the City of Clearwater. The applicant is aware of these fees. 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 it will be able to serve this property and the annexation will not adversely affect police service and response time. Fire and Emergency Medical Services: Fire and emergency medical services will be provided to the property by Station #48 located at 1700 North Belcher Road. Pinellas County provides water service on this street with a four (4) inch domestic water line. There are no fire hydrants on this street because the water line is too small; a six (6) inch line is required to support a fire hydrant. At present, fire-fighting tactics would require use of the water on the first fire engine to respond and the second arriving engine would establish the water supply at a fire hydrant located either on the north side of S.R. 590 or on Spring Lake Drive, the street to the east. The Fire Department will be able to serve this property as it currently does 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. W, CDD ANX 01-08-26 October 16, 2001 Page 3 U. 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. 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. 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 As stated earlier, the application for annexation involves an existing single-family detached dwelling. The property is 65 feet in width and 8,450 square feet in lot area. The appropriate zoning district under the Community Development Code is the Low Medium Density Residential (LMDR) District. Under the current LMDR zoning district provisions, a minimum lot width of 50 feet and a minimum lot area of 5,000 square feet are required. The subject property exceeds the minimum dimensional requirements of a standard development in the LMDR district and is therefore consistent with the Community Development Code. 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 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 ANX 01-08-26 October 16, 2001 Page 4 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 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. SUMMARY AND RECOMMENDATIONS The proposed annexation can be served by City of Clearwater services, including sewer, solid waste, 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 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: Recommend APPROVAL of the annexation of the property located at 1517 Country Land East. Recommend APPROVAL of the Residential Low 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. CDB ANX 01-08-26 October 16, 2001 Page 5 Prepared by: Etim S. doh Senior Planner Attachments Application Aerial Photograph of Site and Vicinity Location Map Land Use Map Surrounding Uses Map Zoning Atlas CITY OF CLEARVF')TER PETITION FOR ANNEXATION PLANNING & DEVELOPMENT SERVICES ADMINISTRATION MUNICIPAL SERVICES BUILDING, 100 SOUTH MYRTLE AVENUE, 2"d FLOOR PHONE (727)-562-4567 FAX (727) 562-4576 APPLICANT, PROPERTY OWNERS, AND AGENT INFORMATION: APPLICANT NAME: MAILING ADDRESS: PHONE NUMBER: PROPERTY OWNERS: AGENT NAME: MAILING ADDRESS: PHONE NUMBER: ccthe\r,), f, 51-7 ("O LL n T 5 l;Ars -71 a 39 (0 __7 FAX NUMBER : Yoae y-/,j 9 -F:) 4op-N (List all owners) FAX NUMBER : PROPOSED DEVELOPMENT INFORMATION: LOCATION I _ STREET ADDRESS: -?_ ` l . ?j ((?11 T ?U LEGAL DESCRIPTION: PARCEL NUMBER: EXISTING CATEGORIES: PROPOSED CATEGORIES: EXISTING USE AND SIZE: PROPOSED USE AND SIZE: SIZE OF SITE: o LAN 6F _ P1, AUG 1 5 2001 - 2'9 - «- 19(o-36 - DoO-- vo(o ZONING: LAND USE: L ZONING: LAND USE: __ I1 15450 nm'-? 4. (number of dwelling units, hotel rooms or square footage of nonresidential use) - -S7P - `6q?50 !&T? -7-4 o "'/ oo 113? (number of dwelling units, hotel Q X (05 I (we), the undersigned, ackngwledge that all representations made in this application are true and c •u to to the b St qQny knowl?edgeit'wj?p , W/hm Signbture of property owner or representative Signature of property owner or representative or square footage of nonresidential STATE OF FLORIDA, COUNTY OF PINELLAS Sworn to and subscribed before me tip 14-day of A.D.,to me and/or ; by , who is personally ' known (-,as produced -DCjVPr I I C - as identification. _0 le, D_ A e 3M UT L. iMATK19S- Notary public, iu®iea .IAFI $:' 2005 my commission ex a Corr sot w ?Od ADww INOu i E5 I Aerial Map NORTH it 11 =zoo' ?'? : .?,.?•? ? lG,}i r. ?`. '` .'7 ? .'S:i• {? ?,??1?T.y ' .?/• ,. ?r '. h. .r `~ '? ?' fr ? •t • Jr. , ? ??: ? • , ;?ity?''Cy,fe'? '"??t?y.?.v n w, ??«'§; ; `? ??^w???.Fr?yt ,n? V ?•.1??ji?c. ? ? ?` ?1y . 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Horner j CASE: ANX 01-08-26 SITE: 1517 Country (Lane East PROPERTY SIZE (ACRES): 0.19 ZONING LAND USE PIN: 08/29118118830/000/0080 FROM: R-3/County Residential Low TO: LL4DR Residential Low i ATLAS 2738 PAGE: y w 1?T e 26 5 . >.: 27 4 X -29, 2 a Z J - W ?I j 1 13 14 _ 16 15 eee= a N.E. COACHMAN ROAD 211 21 34: 39 : - -- W : _19-- 22 <33 W 2' _ 38 z - cr 23 32 _ 3- o l z 0 z + 8 d _ 15 V 2F 29 17 lS rEin 6 N -- t4 2? 28 9 - 7 34 ',. ` - T3 18 1 20 22 16 T 24 2 2 t 3 15 17 21 "3 25.27 S. R. 5 9 0 4 13 2 1 5 3n A I 5A 5 6 A 7A? j 7 8A 8 ?11 A 11 ?/ 9 12 z 33 4 1fi: 10= g r3 {: - \ 13 p` t2 _ 17 16 14 z - f 12 /02 7. 7 3 `- 5 - '' y, 32 f a _ .11 t0 9 ! U _ _ _ 8 r 9= z -LL1 W//? ? ?lr 30 7 . .44 'f' t t `- 8 29 (pU6uC) 17 9 _? . . 513.s r 5 EXISTING SURROUNDING USES OWNER: Katherine B. Horner CASE: ANC 01-08-26 SITE: 1517 Country Lane East PROPERTY SIZE (ACRES): 0.19 - FROM: ZONING R-3/County LAND USE Residential Low PIN: 08/29/18118830/000/0080 TO: LMDR Residential Low ATLAS 2738 PAGE: 0 -7- _ _.. T___ . '' I I I ST JOHN W i i KU MQUAT DRIVE I RJ w z ' i " 1 SHAD DOCK DRIVE z Li 0 z ° z a c J J Q (.? AVOCADO DRIVE CL a. w L z a. NAVEL DRIVE R? 3 W Z z a J a J D r ¢ •i Z 2 0 U C? W C l e i RL t WEST GRAPEFRUIT- ° I -16 EDENWOOD -JI W Z Vl Q CANDLEWOOD STREET w D z w 4 DOVEWOOD STREET O 1 W Utni FT1 / R I 2 V ? ? L w R H01vEW000 STREET z z a a COUNTYWIDE FUTURE LAND USE PLAN MAP NAME: KATHERINE B. HORNER 1517 COUNTRY LANE EAST PLAN DESIGNATION: RESIDENTIAL LOW ATLAS PAGE: 273B SEC. 08 TWP: 29S RGE: 16E COMMUNITY DEVELOPMENT BOARD: October 16, 2001 ?rL Clearwater City 112ommission Agenda Cover MemorandLUn Work session Item #:UJ . Final Agenda Item # Meeting Date: JJ-JS -O/ SUBJECT/RECOMMENDATION: Approve the applicant's request to vacate the alleys and easements as described in Exhibit "A" of the proposed ordinance and pass Ordinance No. 6839-01 on first reading 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, (V2001-17 Church of Scientology Religious Trust), and that the appropriate officials be authorized to execute same. SUMMARY: • The applicant proposes to vacate all alleys and easements on the subject property and proposes to redevelop the property with a parking garage, an auditorium and emergency power building for the Church of Scientology's training center currently under construction • Verizon Media Ventures, Inc. and Time Warner have no objections to the vacation request. • Florida Power Corporation has no objections if the applicant either dedicates a distribution easement or pays for the relocation of their facilities. • Verizon of Florida has no objections to vacation of a portion of the alley extending west from East Avenue to a point 297 feet west, otherwise either easements or payment for the cost of relocation will be required. • Pinellas County General Services, owner of Lot 1, Block 12, Magnolia Park, objects to the request unless the County receives title to the north one-half of the alley and all of the three foot easement lying along the west property line. • The City of Clearwater has sanitary sewer, water and stormwater utilities in the areas to be vacated. • Pubic Works Administration has no objections to the vacation request subject to the applicant providing an easement over all existing facilities and assuming the cost of relocation of all public and private utilities. Reviewed by: Originating Dept: Costs N/A Legal Info Srvc N/A Public Works Total Administration .. l? Steve Doherty Budget N/A Public Works User Dept. Funding Source: Purchasing N/A DCM/ACM N/A Current FY cl Risk Mgmt NIA Other Attachments OP Ord. No. 6839-01 Other Submitted by: Location Map City Manager Appropriation Code: Printed on recycled Daher VACAVON 2001-17 Church of Scle ntoloqy Reliqlous Trust twos ORDINANCE NO. 6839-01 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, VACATING THE 15-FOOT ALLEY LOCATED ADJACENT TO THE EAST PROPERTY LINES OF LOTS 6 THROUGH 10, OF COURT SQUARE SUBDIVISION; THE 15-FOOT ALLEY LYING ADJACENT TO THE NORTH PROPERTY LINES OF LOTS 11 THROUGH 14, OF SAID COURT SQUARE SUBDIVISION; THE 15-FOOT ALLEY LYING ADJACENT TO THE NORTH PROPERTY LINES OF LOTS 9 THROUGH 16, BLOCK 12, OF SAID COURT SQUARE SUBDIVISION; VACATING THE 3-FOOT UTILITY EASEMENT LOCATED ADJACENT TO THE WEST PROPERTY LINE OF LOT 1, BLOCK 12, OF MAGNOLIA PARK SUBDIVISION, INCLUDING THAT PORTION OF THE UTILITY EASEMENT WHICH EXTENDS SOUTH TO THE NORTHWEST CORNER OF LOT 16, BLOCK 12, OF SAID COURT SQUARE SUBDIVISION; AND VACATING THE TRIANGULAR RIGHT-OF-WAY EASEMENT LOCATED AT THE NORTHWEST CORNER OF LOT 16, BLOCK 12, OF SAID COURT SQUARE SUBDIVISION; PROVIDING AN EFFECTIVE DATE. WHEREAS, Church of Scientology Religious Trust, owner of real property adjoining the alleys described herein, has requested that the City vacate the alleys, utility easement and right-of-way easement depicted in Exhibit A attached hereto; and WHEREAS, the City Commission finds that said alleys, utility easement and right- of-way 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: see Exhibit "A" Legal Description, attached hereto is hereby vacated, closed and released, and the City of Clearwater releases all of its right, title and interest 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. 6839-01 N PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Approved as to form: ne C. Hayman Assistant City Attorney 2 Brian J. Aungst Mayor-Commissioner Attest: Cynthia E. Goudeau City Clerk Ordinance No. 6339-01 EXHIBIT "A" Legal Description Areas proposed to be vacated: (1) 15-foot wide alley shown on plat of COURT SQUARE, located northerly of Lots 9 through 16, Block 12, COURT SQUARE, according to the plat thereof recorded in Plat Book 5, Page 53, Public Records of Pinellas. County, Florida. (2) 15-foot wide alley shown on plat of COURT SQUARE, located northerly of Lots 11 through 14, COURT SQUARE, according to plat thereof recorded in Plat Book 5, Page 53, Public Records of Pinellas County, Florida. (3) 15-foot wide alley shown on plat of COURT SQUARE, located westerly of Lots 1 through 5 and easterly of Lots 6 through 10, COURT SQUARE, according to plat thereof recorded in Plat Book 5, Page 53, Public Records of Pinellas County, Florida. (4) Right-of-way easement in favor of City of Clearwater, granted in O.R. Book 5223, Page 1487, Public Records of Pinellas County, Florida, over the following property: From the Northwest corner of Lot 16, Block 12, Court Square, as recorded in Plat Book 5, Page 53, of the Public Records of Pinellas County, Florida, for a point of beginning; thence Easterly along the North line of said Lot 16, 12.0 feet to a point, said point being Point A for reference; thence return to the P.O.B.; thence Southwesterly along the West line of said Lot 16, 4.0 feet; thence Northeasterly to Point A. (5) 3-foot utility easement in favor of City of Clearwater, granted by resolution in O.R. Book 6663, Page 202, of the Public Records of Pinellas County, Florida, over property adjacent to Block 12, Magnolia Park Subdivision, which is more particularly described as follows: Begin at the Northwest corner of Lot 1, Block 12, Magnolia Park Subdivision as recorded in Plat Book 1, Page 70, of the Public Records of Hillsborough County, Florida, of which Pinellas County was formerly a part; thence run Southwesterly along the West line of said Block 12, and its southerly extension to the Northwest corner of Lot 16, Block 12, Court Square Subdivision, as recorded in Plat Book 5, Page 53, of said Public Records; thence run Westerly along the westerly extension of the North line of said Lot 16, Block 12, Court Square Subdivision, to a point on a line 3.0 feet West of and parallel to the West line of said Lot 1, Block 12, Magnolia Park Subdivision; thence run Northeasterly along said line to the South right-of-way line of Franklin Street; thence run Easterly along said South right-of-way line to the Point of Beginning. Clearwater City Commission Worksession Item # Agenda Cover Memorandum Final Agenda Item # Meeting Date SUBJECT/RECOMMENDATION: W 11/15/01 Adoption of Amendments to Beach by Design: A Preliminary Design for Clearwater Beach and Design Guidelines MOTION: APPROVE amendments to Beach by Design and PASS Ordinance No. 6917-01 on first reading. and that the appropriate officials be authorized to execute same. SUMMARY: There are two companion applications for City Commission review related to the Mack property: this amendment to Beach by Design and a rezoning of the Mack Yacht Basin property from MHDR to HDR. The third application related to this property is a site plan that will be reviewed by the Community Development Board at their meeting of November 13, 2001. • Beach by Design: A Preliminary Design for- Clearwater Beach and Design Cmidelines was adopted by the City Commission July 2001. • David Mack, owner of the Yacht Basin Apartment site, has developed a plan for the property that he has presented to the Beach community, the general community and the City Commission. At the September 20, 2001 meeting, the City Commission directed staff to determine the feasibility of amending Beach by.Design regarding this project. • 'The proposed amendments revise the provisions of the Marina Residential District and the height regulations in the Design Guidelines. Reviewed Originating Department: K Costs: Commission Action: by: G I Legal Planning and Develop tent ? Approved Budget N/A Gina L. Clayton Total ? Approved v4th Conditions Purchasing N/A User Department ? Denied Risk Mgmt. N/A , Current Fiscal Year ? Continued to: Is N/A ` Funding Source: ACM .i ? Capital Improvement: Other N/A Advertised: C] Operating: Date: ? Other: Attachments: Paper. Beach by Design Staff Report Sutxnitted ? Not Required Appropriation Code Land Use Districts Map by. ? d P ti Ordinance No 6681-01 - es Affecte ar ? Notified . Beach by Design City Manatiger ? Not Required ? None 0 Printed on recycled paper • The proposed amendment creates a consolidation strategy that allows additional height in exchange for significant lot consolidation and standards for building mass and enhanced design. Parcels 2.5 acres in area are permitted up to 70 feet in building height. Parcels 5 acres or more in area are permitted up to 100 feet in building height. To prevent the bayside from being walled off, buildings exceeding 35 feet in height cannot occupy more than 50% of the bayside property frontage. In exchange for building height, the developer must provide a ten-foot easement along the bayside to link with the streetscape improvements required by the developer of the Yacht Basin site. In the event that East Shore Drive is vacated as part of a consolidation effort, a traffic analysis will be required. • The proposed amendments require the Yacht Basin property be developed with lower building heights around the perimeter of the property with higher buildings located on the interior of the site with stepped back design. The developer is required to provide streetscape improvement along Mandalay Avenue and Baymont Street and contribute to a parking garage in the area. + The last amendment is proposed to the height requirement in the Design Guidelines. The current language limits all projects to a height to 100', unless making use of the density pool or transfer of development rights. The proposal allows any project to build to the height in the applicable zoning district, unless otherwise limited in the Future Land Use District of Beach by Design. • The Community Development Board will review the proposed amendments to Beach by Design in its capacity as the Local Planning Agency (LPA) at its regularly scheduled meeting on November 13, 2001 and make a recommendation to the Corrunission. The Planning Department will report the recommendation at the City Commission meeting. CDB Meeting Date: November 13, 2001 Case Number: Amendment to Beach by Design Agenda Item: C3 CITY OF CLEARWATER PLANNING DEPARTMENT STAFF REPORT REQUEST: Amendment to Beach by Design Special Area Plan INITIATED BY: Clearwater City Commission BACKGROUND INFORMATION: During the adoption process for Beach By Design the Marina Residential District experienced two development proposals that significantly influenced the development options in this area. The first of these was for the consolidation of the entire district proposed as the "Mack" project, as David Mack was pursuing land acquisition options. This included redevelopment of the Yacht Basin property for high-rise condominiums, a new Pelican Walk parking garage and consolidation and redevelopment of the entire East Shore Drive area. The second was a proposal for the redevelopment of a small waterfront property east of East Shore Drive with a 100-foot high-rise building. The "Mack" proposal was embraced in the Plan, although the project was abandoned due to economics associated with the consolidation of the East Shore Drive property. The second proposal received a recommendation of denial by the Planning Department and was eventually withdrawn by the applicant. That application had the affect of "walling off' bf the bayside in the East Shore Drive area through the redevelopment of the small waterfront parcels to the east of East Shore Drive. This was determined to be the worst- case redevelopment scenario in the district. Beach Bjl Design was adopted with a strategy that precluded this option by allowing only two-story development east of East Shore Drive if only the small waterfront parcels were utilized. In summary, the Plan embraced development options at two extremes, one was the preferred option ("Mack dream") and the other was a defensive position to avoid small parcel development from prohibiting views to the waterfront east of East Shore Drive. Subsequent to the adoption of Beach By Design, Mr. Mack purchased the Yacht Basin property. He has now developed an alternative plan for the property that he has presented to the Beach community, the general community and the City Commission. This project proposes a complete redevelopment of the site using a "step back" design from the Mandalay Avenue and Baymont Street sides of the property resulting in a combination of town home, mid rise and a high rise structure in the northeast corner of the property. This concept has been well received and except for the height in the northeast corner, meets the design criteria in Beach By .Design. The Board is reviewing the amendments to Beach by Design concurrent with a rezoning application to the HDR, High Density Residential District (Z 01-09-03) and a site plan application (FL-01-09-31). The Commission will review the recommendations of Board for the rezoning and special area plan amendment ordinances at its November 15, 2001 meeting. The second reading of the ordinances is scheduled for December 13, 2001. In addition to the new Mack proposal, there is an opportunity to create a "middle" position for the redevelopment of the East Shore area. There is consensus that this area is in relatively poor condition and will be difficult to redevelop. The two strategies that currently exist in the Plan would be well served by adding a third strategy that evolves around the incentive of additional height in exchange for lot consolidation and good design. PROPOSAL: The attach-.d proposed language would amend Beach By Design to create incentives for the redevelopment of both the East Shore area and the Yacht Basin property. The proposed amendment does not change the consolidation option for land within the entire district. It recognizes, however, that this is a very extreme option and alternative consolidation scenarios are needed due to the amount of land involved (approximately 15 acres) and the cost of land on Clearwater Beach. The proposed amendment creates a consolidation strategy that allows some additional height in exchange for significant lot consolidation and specific standards for building mass, spacing and enhanced design. This strategy focuses on consolidated parcels of 2.5 acres and 5 acres. The amendment permits a building height of 100 feet for 5-acre parcels and a building. height of 70 feet for 2.5-acre parcels. It also includes a requirement that buildings exceeding 35 feet in height occupy no more than 50 percent of the property frontage along the Intra-coastal Waterway so the bayside is not walled off. The amendment also requires a traffic study prior to the vacation of East Shore Drive and encourages any development that occurs in a consolidated manner to include a marina component. The proposed amendment also requires specific provisions for redeveloping the Yacht Basin property. It requires the site to be developed with lower building heights around the perimeter of the property with higher buildings located on the interior of the site with stepped back design. The proposed amendment also requires the developer to provide streetscape improvements on Mandalay Avenue and Baymont Street that can provide a pedestrian lint: between any boardwalk construction along the bayside to the Mandalay Avenue Retail and Restaurant district. The proposed amendment also requires the developer to contribute to the Pelican Walk parking garage project. 2 The adopted Bea.-h by Design currently requires the development of a boardwalk if consolidation of the District occurs. The proposed amendment does not require the construction of the boardwalk but specifies that the developer provide a ten-foot easement along the bayside to link with the streetscape improvements required by the developer of the Yacht Basin site. The easement is allowed to be located on the landside of the seawall or a part of a marina development on the waterside of the seawall. The proposed amendment also encourages any development that occurs in a consolidated manner to include a marina component. The last amendment proposed is to the height requirements in the Design Guidelines, The current language specifies that 100 feet is the maximum permissible building height, except it may be increased to 150 feet if additional density is allocated to the development either by transfer of development rights or with bonus hotel units. The proposed amendment eliminates the 100-foot limitation and regulates height by the zoning district in which the property is located, unless otherwise regulated in the Future Land Use Districts in Beach by Design. CONSISTENCY WITH COMPREHENSIVE PLAN: Please find below a selected list of objectives and policies from the Clearwater Comprehensive Plan that is furthered by Beach by Design. Objective 2.1 - The redevelopment of blighted, substandard, inefficient and/or obsolete areas shall be a high priority and promoted through the implementation of redevelopment and special area plans, the construction of catalytic private projects, city investment, and continued emphasis on property maintenance standards. e Policy 2.1.1 - Redevelopment shall be encouraged, where appropriate by providing development incentives such as density bonuses for significant lot consolidation and/or catalytic projects, as well as the use of transfer of development rights pursuant to approved special area plans and redevelopment plans. • Policy 2.1.2 - Renewal of the beach tourist district shall be encouraged through the establishment of distinct districts within Clearwater Beach, the establishment of a limited density pool of additional hotel rooms to be used in specified geographic areas of Clearwater Beach, enhancement of public rights-of-way, the vacation of public rights-of-way when appropriate, transportation improvements, inter-beach and intra-beach transit, transfer of development rights and the use of design guidelines, pursuant to Beach by Design: A Preliminary Design for Clearwater Beach and Design Guidelines. 3 • Policy 2.1.4 - The use of the density pool of additional hotel rooms established in Beach by Design: A Preliminary Design for Clearwater Beach and Design Guidelines is permitted in the following areas: The property located on the east side of Mandalay Avenue north of Baymont Street known as the Yacht Basin apartment site; 2. The land located between Mandalay Avenue and the Gulf of Mexico between Baymont Street and Papaya Street; and 3. The land located south of the Pier 60 parking lot and north of the southerly lot lines of Lots 77 and 126 of the Lloyd-White-Skinner Subdivision between South Gulfview Boulevard and Coronado Drive. • Objective 19.6 - Redevelopment areas established in coastal areas should address the needs and opportunities unique to those locations. SUMMARY AND RECOMMENDATION: The proposed amendments to the provisions of the Marina Residential District of Beach by Design will improve chances of redevelopment of this area by offering development incentives in exchange for height increases beyond the current provisions of this District. The amendments also establish a better opportunity to create a Bayside Boardwalk and improve pedestrian linkages between the Marina Residential District and the Mandalay Retail /Restaurant District. Staff recommends the attached amendments to Beach By Design in order to achieve the strategies as identified above. Prepared by Planning Department staff ATTACHMENTS: Land Use District Map Excerpts from Adopted Beach by Design Ordinance No. 6917-01 S:WlanningDepnrbnentlGinn Clayton IBEACHBYDESIGMStaffReports andOrdinancesIRSMRDBeachbyDesign StaffReport.doe 4 ORDINANCE NO. 6917-01 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA ADOPTING AMENDMENTS TO BEACH BY DESIGN: A PRELIMINARY DESIGN FOR CLEARWATER BEACH AND DESIGN GUIDELINES; BY ADOPTING AMENDMENTS TO THE MARINA RESIDENTIAL DISTRICT PROVISIONS INCLUDING, BUT NOT LIMITED TO, LAND CONSOLIDATION, HEIGHT AND CITY INCENTIVE OPTIONS; BY ADOPTING AMENDMENTS TO THE HEIGHT PROVISIONS OF THE DESIGN GUIDELINES AS THEY RELATE TO THE MARINA RESIDENTIAL DISTRICT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the economic vitality of Clearwater Beach is a major contributor to the economic health of the City overall; and WHEREAS, the public infrastructure and private improvements of Clearwater Beach are a critical part contributing to the economic vitality of the Beach; and WHEREAS, substantial improvements and upgrades to both the public infrastructure and private improvements are necessary to improve the tourist appeal and citizen enjoyment of the Beach; and WHEREAS, the City of Clearwater has invested significant time and resources in studying Clearwater Beach; and WHEREAS, Beach by Design, the special area plan governing Clearwater Beach, contains specific development standards and design guidelines for areas of Clearwater Beach that need to be improved and/or redeveloped; and WHEREAS, the City of Clearwater has the authority pursuant to Rules Governing the Administration of the Countywide Future Land Use Plan, as amended, Section 2.3.3.8.4, to adopt and enforce a specific plan for redevelopment in accordance with the Community Redeveiopment District plan category, and said Section requires that a special area plan therefore be approved by the local government; and WHEREAS, the proposed amendment to Beach by Design has been submitted to the Community Development Board acting as the Local Planning Authority (LPA) for the City of Clearwater; and WHEREAS, the Local Planning Agency (LPA) for the City of Clearwater held a duly noticed public hearing and found that amendment to Beach by Design are consistent with the Clearwater Comprehensive Plan; and WHEREAS, on November 15, 2001 and December 13, 2001 the City Commission of the City of Clearwater reviewed and approved Beach by Design; now therefore, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: Ordinance No. 6917-01 Section 1. Beach by Design: A Preliminary Design for Clearwater Beach and Design guidelines is amended pursuant to the attached "Exhibit °A" is hereby adopted. Section 2. Beach by Design, as amended, contains specific development standards and design guidelines for areas of Clearwater Beach that are in addition to and supplement the Community Development Code; and Section 3. The City Manager or designee shall forward said plan to any agency required by law or rule to review or approve same. Section 4. It is the intention of the City Commission that this ordinance and plan and every provision thereof, shall be considered separable; and the invalidity of any section or provision of this ordinance shall not affect the validity of any other provision of this ordinance and plan. Section 5. 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: Leslie K. Dou all- W s Assistant City Attorney Attest: Cynthia E. Goudeau City Clerk 2 Ordinance No. 6917-01 EXHIBIT "A" for ORDINANCE NO. 6917-01 C. Marina Residential District The area to the east of Poinsettia and North Mandalay to the north of Baymont is primarily a residential district with a few motel and restaurant uses. The parcels of land to the east of East Shore front on Clearwater Bay. However, those parcels are relatively shallow, limiting the utility of the existing parcelization. Beach by Design anticipates the redevelopment of the Marina District as a waterfront residential neighborhood with parcels to the east of'Poinsettia consolidated with parcels to the east of East Shore in favor of land assembly. Four distinct blocks should be created from this consolidated land between the Causeway and Baymont Street consistent with existing area street patterns. Pedestrian access should be provided through each block to the Intracoastal Waterway and terminate at a public boardwalk located along the shoreline from the Causeway to Mandalay Avenue. Retail and restaurant uses are appropriate in the north and south block only and residential uses located between. The Yacht Basin Apartment site, which is located on the north side of Baymont, should be considered an integral part of this neighborhood. It must be included in any consolidation effort and is an appropriate site for a marina based hotel and other residential uses. If all of this land is consolidated under single ownership and developed according to the Marina Residential District framework as a unified plan, the City should do the following: vacate East Shore; create an assessment district to finance the boardwalk construction; participate in a garage at Pelican Walk; and make available the density pool for a marina-based hotel meeting the requirements of Beach by Design on the Yacht Basin Apartment site, including the potential allowance of 150 feet in building height. All other building heights within this district would be permitted between 2-4 stories above parking. If the "single" property consolidation described above does not occur, intermediate strategies should be employed. These strategies should result in smaller, but sicnifrcant lot consolidation in the East Shore area consistent with the four "distinct blocks" identified previously between the Causeway and Baymont Street. This area should also value two larger consolidations of approximately five acres each as an incentive for redevelopment. The goal of marina based development in conjunction with a public "Bavside Boardwalk" should also be pursued. Additionally, the Yacht Basin site should be redeveloped in its current configuration without further subdivision. In order to implement these strate rg es the following, incentives are available: Exhibit to Ord. No. 6917-01 1 F/ i a s Height. In addition to the requirements of the Design Guidelines the following requirements shall apply in the Marina Residential District between Ba ont Street and the Causeway. 1. Projects that consolidate a minimum of five acres will be eligible for approval of height up to 100 feet, subject to meeting the standards of the Community Development Code, Beach By Design and approval by the Community Development Board. 2. Projects that consolidate a minimum of 2.5 acres will be eligible for approval of height up to 70 feet, subject to meeting the standards of the Community Development Code, Beach By Des4izn and approval by the Community Development Board. 3. Structures located between the Causeway and Baymont street exceeding 35 feet in height, shall occtpy no more than fifty (50) percent of the property frontage along the .Intra-coastal Waterwa In the event that lot consolidation under one owner does not occur, Beach by Design contemplates the City working with the District property owners to issue a request for proposals to redevelop the District in the consolidated manner identified above. If this approach does not generate the desired consolidation and redevelopment, Beach by Design calls for the City to initiate a City Marina DRI in order to facilitate development of a marina based neighborhood subject to property owner support.. If lot consolidation does not occur within the ep r-e District, the maximum permitted height of development east of East Shore will be restricted to two (2) stories above parking and between Poinsettia and East Shore could extend to four (a) stories above parking. An additional story could be gained in this area if the property was developed as a live/work product. The izn??e? e heig t-e?de??elep?ent-ens Yac t Basin Apa# site w4l--??trirated to eensistent with the heigh! 1i i-i s } Development ed-e y Yacht Basin Propert 1. The Yacht Basin property will be redeveloped without further subdivision and subject to the desigLi guidelines. The property will feature lower building heights around the perimeter of the property with higher buildings located on the interior of the site with stepped back design. a. The project will provide streetscape improvements on the Mandalay and Baymont sides either on the project property or on the existing rights-of- way.... These improvements are intended to link pedestrians with the Mandalay and Bayside Boardwalk areas. Exhibit to Ord. No. 6917-01 . 2 b. The project will contribute to Pelican Walk parking- -garagei2roiect on terms to be determined by the City Commission. East Shore Vacation Any vacation of East Shore Drive would be subject to a traffic analysis prior to the vacation. The City may conduct this evaluation prior to a proposal for street vacation Bayside Boardwalk/Pedestrian Linkages Development utilizing the lot consolidation incentives will dedicate a ten-foot easement along the Bayside that will link to a pedestrian streetscape improvement along Baymont The Yacht Basin redevelopment will provide the streetscape improvement from the proposed Boardwalk to Mandalay Street along the Baymont frontage. The Bayside Boardwalk can be either on the landside of the seawall and or a component of marina development on the waterside on the seawall. Marina Development Development utilizing the lot consolidation incentives should include a marina component, subject to applicable permittin requirements. VII. Design Guidelines B. Height One hundred feet (I ' Maximum height is prescribed by the respective zoning districts in the Community Development Code are th pen:nissible t unless otherwise restricted by Beach by Design. expt n at the height l;,-Y,itat;°Yl The height maybe increased, however, to one hundred fi fly feet (15 0') if. Exhibit to Ord. No. 6917-01 3 I A' BEACH BY DESIGN/Marina District Amendments/Map Exhibit for Ord. 6917-01 LAND USE DISTRICTS Old Florida- i_ Retail and Restaurant Marina Rsacirl?srtitial Destination Resort 1180WOeLvn vier 6® . st t. .k eii?? i 5 Q Beach Walk Small Motel ??+sc S T, ai ? ?? "? ?•?4?• tom. Clearwater Pass a 0 m 5 U c U t, CIO Q> i., r ? r-. U • J r". i .' +? Q C fi r. :? 0 Q U ":? 'I:n CJ A CCS "':? 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C C)` M> .a b N 4-4 r (1) C?4 as -0 ( o r- ®R 0 See Agenda Drawings 11/15/011 1 Agenda Coversheets for microfilm.doc Agenda: (11/15/01) Item # 19 j 13d- f, M 99?'?ITEQE Clearwater City Commission Agenda Cover Memorandum Worksession Item #: PL Final Agenda Item # Meeting Date: 11-15-01 SUBJECT/RECOMMENDATION: Rezoning of property at 501 Mandalay Avenue consisting of Lots 1 through 9, Yacht Basin Subdivision in Section 05 - Township 22 South - Range 15 East; Owner: Greenmack Clearwater, LLC; Representative: E. D. Armstrong III. Motion: APPROVE a Zoning Atlas Amendment from Medium High Density Residential (MHDR) to High Density Residential (HDR) for property at 501 Mandalay Avenue consisting of Lots 1 through 9, Yacht Basin Subdivision in Section 05 - Township 22 South - Range 15 East, and PASS Ordinance 6912-02 on first reading. ? and that the appropriate officials be authorized to execute same. SUMMARY: This is one of two companion items relating to Clearwater Beach: amendments to Beach by Design and the rezoning of the Yacht Basin Apartment site. Greenmack Clearwater, LLC is requesting to rezone the Yacht Basin Subdivision located at 501 Mandalay Avenue from Medium High Density Residential (MHDR) to High Density Residential (HDR). The subject site consists of 9 parcels totaling 6.164 acres in area and is currently developed with a low-rise 202 multi-family unit residential development. The applicant proposes to redevelop this site with a 200 unit multi-family development including townhouses, a 99-foot tower and a 130-foot tower. Code Section 6-109 of the Community Development Code allows a structure, which is non- conforming with respect to density to be reconstructed on the same parcel of land if it meets all of the requirements of the Community Development Code. This site plan is scheduled for review by the Community Development Board on Tuesday November 13, 2001. The Future Land Use Plan category for this site is Residential High, which permits thirty (30) dwelling units per acre. Both the MHDR and HDR zoning categories allow for the same development potential of 30 units per acre under this category. The applicant is requesting this rezoning to allow for high- rise residential development. The maximum height allowance in the MHDR district is 50 feet and the maximum potential height allowance in the HDR district is 130 feet through a flexible development approval if property is located on Clearwater Bay. The Planning Department determined that the proposed rezoning is consistent with the following standards specified in the Community Development Code: • The proposed rezoning is consistent with the objectives and policies of the Clearwater Comprehensive Plan. • The proposed rezoning provides consistency between the City's zoning map and Future Land Use Map. Reviewed by: Originating Dept.: Legal Info Srvc Gina L. Clayton, Planni 6 NIA Budget N/A Public Works User Dept.: Plannin Purchasig N/A DCM/ACM RiskMgmt N/A Other N/A Attachments Submitted b _&V City Manager r 910-?? O None CJ Prinfari nn rarvr.lari nanar Costs Total Current FY Funding Source: CI OP Othe r ation Code: • There will be no adverse impacts on public facilities and their level of service. 0 The location of the proposed High Density Residential boundary is logical. The boundary is appropriately drawn with regard to location and classification of streets, ownership lines, existing improvements and the natural environment. • The potential range of uses and the specific proposed uses are compatible with the immediate surrounding area and will be in character with the surrounding uses. Please refer to the attached report for the complete staff analysis. The Community Development Board will review this proposed rezoning at its regularly scheduled meeting on November 13, 2001. The Planning Department will report the Board's recommendation at the November 15, 2001 Commission meeting. ORDINANCE NO. 6912-01 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY REZONING CERTAIN PROPERTY LOCATED ON THE EAST SIDE OF MANDALAY AVENUE AND NORTH OF BAYMONT STREET, CONSISTING OF LOTS 1 THROUGH 9, YACHT BASIN SUBDIVISION, WHOSE POST OFFICE ADDRESS IS 501 MANDALAY AVENUE, FROM MEDIUM HIGH DENSITY RESIDENTIAL (MHDR) TO HIGH DENSITY RESIDENTIAL (HDR); PROVIDING AN EFFECTIVE DATE. WHEREAS, the amendment to the zoning atlas of the City as set fork in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's Comprehensive Plan; now, therefore, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA:. Section 1. The following described property in Clearwater, Florida, is hereby rezoned, and the zoning atlas of the City is amended as follows: Pro e Lots 1 through 9, Yacht Basin Subdivision, according T o the plat thereof, recorded in Plat Book 25, Page 35, Public Records of Pinellas County, Florida (Z 01-09-03). Zoning District From: Medium High Density Residential (MHDR) To: High Density Residential (HDR) Section 2. The Planning and Development Services Administrator is directed to revise fie zoning atlas of the City in accordance with the foregoing amendment. Section 3. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Approved as to form: 1,0A T-71 ?4 d7 Leslie K. Dougall-Sid Assistant City Attorney Brian J. Aungst Mayor-Commissioner Attest: Cynthia E. Goudeau City Clerk Ordinance No. 6912-01 1 Q 579 / 574 0 tr7'? ?f58 57.5 3 ? 660-1 02 N a ? b 3 ? 18 ]66 GT .1 1 5 1 4 t 3 1 10 Z 557 577 a o 5 C11 041 a ?? eo Z 1Bo I if 0 AL BAY ESPLANADE tG0 537 ` D.B. 715-323 FIRE STATION CLEARWATER BEACH REC. COMPLEX (2) #4 34 10S/R 33/01 MANDALAY PARK Q O•C.0 No. 706-387 532 06 57-195 Q J Q RES. 8/1/55 Z Q M 21 ROCKAWAY N STREET MIL R c-3 LA SAC. m 2 3 4 5 MOTEL53 CONDO 1 97-55 T 52a 8 7 6 1 10 8 522 i 1 7 520 2 T- 16 0 h VAC. C.R. 2776- 19 CLEARWATER 1co YA HT BASIN BEACH 500 Sol SUB RESUB 19-96 3 t 4o° 25 35 , 00 14t Po 1 4 Voc. d D, " U'1 BAYMONT STREET. to Sp 56 58 57 gp 499 a3 e s a r, cr) 60 ?nviv nvcriitoto 6D 49,5 gg 59 95 44 1 1 E4Z? m 53 60 a90 1 9 483 j 487 2 j 489 52 6 62 3 Al 40 ,'?T, 3 485 3 90 ? 51 63 W 50 - 484 483 39 w 4 479 1 LU a 84 J 49 65 38 47„7 = 479 a[3 66 37 9 47 36 5 10 5 480 N 46 68 35 6 X W F- * y 0 8 45 69 34 470 rt ' 0 475 W 47,5 5 `?[ -? 4a 7tv 33 7 11 1 _7 . P 5 CORAL MOTEL CONDO 42-114 SUN HARBOR CONDO 76-90 PROPOSED REZONING Greenmack Clearwater, LLC, a Florida CASE: Z 01-09-03 )WNER: limited liability company ,lTE: 501 Mandalay Avenue PROPERTY SIZE (ACRES): 6.16 ZONING LAND USE PIN: 05/29/15199216/000/0010 ROM: MHDR Residonltai High O: HDR Rosidoniial High PAGES 267A Ordinance NO. 6912-W CDB Meeting Date: November 13, 2001 Case No.: Z 01-09-03 Agenda Item: C4 CITY OF CLEARWATER PLANNING DEPARTMENT STAFF REPORT BACKGROUND INFORMATION: OWNER: Greenmack Clearwater, LLC, a Florida Limited Liability Company REPRESENTATIVE: E. D. Armstrong III, Esquire LOCATION: 501 Mandalay Avenue Generally located on the northeast corner of Mandalay Avenue and Baymont Street. REQUEST: To rezone from Medium High Density Residential (MHDR) District to High Density Residential (HDR) District. SITE INFORMATION: PROPERTY SIZE: 268,503.84 square feet or 6.164 acres DIMENSIONS OF SITE: 555 feet frontage by 380 feet PROPERTY USE: Current Use: Multi-family residential (202 units) Proposed Use: Multi-family residential (200 units) PLAN CATEGORY: . Residential High ZONING DISTRICT: Current District: MHDR, Medium High Density Residential Proposed District: HDR, High Density Residential EXISTING SURROUNDING USES: North: Clearwater Beach Recreation Complex South: Transient accommodations, multi-family, marine, and commercial East: Intra-coastal Waterway West Transient accommodations, commercial Z 01-09-03 Nov. .13, 2001 CDB Meeting 1 ANALYSIS: The rezoning of the Yacht Basin Subdivision at 501 Mandalay Avenue is one of three companion items on the agenda. The other two items include an amendment to Beach by Design, the special area plan governing Clearwater Beach and a Comprehensive Infill Redevelopment Program with a Comprehensive Landscape Program to redevelop this site. The subject property is located on Clearwater Beach on the east side of Mandalay Avenue, north of Baymont Street. The site is approximately 6.164 acres in area and is currently developed with a 202 multi-family residential development in two- and three-story buildings. The applicant proposes to redevelop the site with a 200 unit multi-family development including townhouses, a 99-foot tower and a 130-foot tower. The subject property is currently zoned Medium High Density Residential (MHDR) and has a compatible land use plan designation of Residential High, which permits a maximum density of 30 dwelling units per acre. The applicant is requesting to rezone this property from Medium High Density Residential (MHDR) to High Density Residential (HDR). The proposed HDR zoning classification permits the same uses as the existing MHDR zoning district with two exceptions. The MHDR district pen-nits residential shelters, whereas the HDR district does not and the HDR district permits parking garages and lots whereas the MHDR zoning district does not. Lot area, width, setbacks and parking requirements are the same for both districts. The only difference in development standard requirements is height. The MHDR district permits attached residential dwellings up to a maximum of 50 feet in height and the HDR district permits such development up to 130 feet in height through a flexible development approval if property is located on Clearwater Bay. Density allowances in both zoning districts are 30 units per acre due to the underlying future land use category of Residential High. The applicant is seeking this rezoning in order to construct high-rise residential development on the subject site instead of mid-rise development. The proposed HDR zoning is consistent with the current land use plan category of Residential High. A. CONSISTENCY WITH CITY'S COMPREHENSIVE PLAN [Section 4-602(F)(1)J The following Goals, Objectives and Policies from the Future Land Use and Housing Elements of the Clearwater Comprehensive Plan support the proposed rezoning: • Vacant developable land in Clearwater has been reduced from approximately 1,034 acres in 1939, 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. Z 01-09-03 2 Nov. 13, 2001 CDR Meeting 13.1 Objective - Assure an adequate supply of housing in Clearwater by providing for additional new dwelling units in a variety of types, costs, and locations to meet the needs of the residents of the City of Clearwater. 13.1.1. Policy - Maintain sufficient residentially zoned acreage, of varying densities and locations, to accommodate the existing and future housing needs of the City of Clearwater. The Clearwater Comprehensive Plan and Countywide Plan designates this site as Residential High. The intent of this designation is to depict those areas of the County that are now developed or appropriate to be developed, in a highly intensive residential manner, and to recognize such areas as primarily well suited for residential uses that are consistent with the urban intensive qualities, transportation facilities and natural resource characteristics of such areas. The primary uses in this plan category are residential uses while the secondary uses include residential equivalent, institutional, transportation/utility, public educational facility, ancillary non-residential and recrOlation/open space. The applicant does not propose to change the Residential High plan category. The proposed HDR zoning district is consistent with the Residential High Future Land Use Plan category, which permits a maximum density of 30 dwelling units per acre. It is also consistent in terms of the uses it permits, which include: detached dwellings, attached dwellings, residential equivalent uses such as nursing homes and assisted living facilities, schools, bed and breakfasts and parks. In summary, the proposed rezoning is consistent with the City's Comprehensive Plan both in the future land use map and the goals and policies of the plan. B. COMPATIBILITY WITH SURROUNDING PROPERTY [Section 4-602(F)(2)] The subject site is bordered to the south and west by Tourist (T) zoning. The Intra-coastal Waterway located to the east is zoned Preservation (P). The property to the north is zoned Open Space/Recreation (OS/R) and property to the northwest is zoned Institutional (I). The proposed High Density Residential (HDR) zoning district permits residential and residential equivalent uses that are compatible with all of the surrounding zoning classifications, as well as existing uses. The specific issues related to review of the proposed development is discussed in the companion site plan case. (Case No. FL 01-09-31) C. CHARACTER OF THE CITY AND NEIGHBORHOOD [Section 4-602(F)(3)] A mix of uses characterizes this neighborhood. Surrounding uses include multi-family residential, overnight accommodations, recreation, assorted marina and other non-residential uses. This area of Clearwater Beach is generally tourist in nature. It should be noted that Tourist zoning permits niulti-family housing and the area to the south of the subject site has a mix of tourist and residential uses. The proposed rezoning will be in character with the surrounding uses and will not adversely or unreasonably affect the use of other property within the vicinity. Z 01-09-03 3 Nov. 13, 2001 CDB Meeting D. SUFFICIENCY OF PUBLIC FACILITIES [Section 4-602(F)(5)] The subject site is approximately 6.164 acres, which permits 185 dwelling units based on a maximum density of 30 dwelling units per acre in the current Residential High Plan Category. The existing site is cun-ently developed with 202 units rendering it nonconforming with respect to density. Code Section 6-109(B) of the Community Development Code allows a structure, which is nonconforming with respect to density to be reconstructed on the same parcel of land if it meets all of the requirements of the Community Development Code. The applicant proposes to redevelop the site with 200 of the existing 202 units through the companion site plan case and through use of this nonconforming code provision. Uses allowed in the proposed HDR zoning district include detached dwellings, attached dwellings, community residential homes, assisted living facilities, nursing homes, overnight accommodations, schools and utility/infrastructure facilities. Residential equivalent uses can riot exceed an equivalent of 2.0 to 3.0 per permitted dwelling unit at 30 dwelling units per acre and no use in this proposed zoning district is permitted to exceed a floor area ratio (FAR) of 0.60 or an impervious surface ratio (ISR) of 0.85 for non- residential uses. The following analyses are based on permitted density, as well as the existing nonconforming density. Roadways The current Level of Service (LOS) for Mandalay Avenue is LOS "D." Since permitted uses and allowable density will not be changed by this proposed rezoning, the LOS for Mandalay Avenue will continue to operate at LOS "D." The proposed rezoning will not degrade the City's current LOS. Mass Transit The Citywide LOS for mass transit will not be affected by the rezoning. The total miles of fixed route service will not change. The subject site is located within'/4 mile of an existing transit route; and headways are less than or equal to one hour. Pinellas Suncoast Transit Authority (PSTA) bus service is available along Mandalay Avenue. Water Since permitted density limitations are the same under the proposed HDR zoning district as currently allowed, there will be no changes in water demand. The proposed rezoning will not degrade the City's LOS for water. Wastewater Under the proposed HDR zoning district, wastewater demand will not change since the permitted density is the same as currently permitted, therefore, the proposed rezoning will not negatively impact the City's current LOS. Solid Waste Since the proposed rezoning will not impact the permitted density, the proposed rezoning will not adversely affect the City's current LOS for solid waste disposal. Z 01-09-03 4 Nov. 13, 2001 CDB Meeting Recreation and Open Space There would be no increase to the existing permitted density of this site; therefore, the proposed rezoning will not impact the LOS of recreational acreage or facilities. E. LOCATION OF DISTRICT BOUNDARIES [Section 4-602(F)(6)] The location of the proposed High Density Residential zoning boundaries is coterminous with the underlying Future Land Use category of Residential High. The boundaries are logical and an appropriate classification in this area of Clearwater Beach, which is generally tourist in character, but includes a significant amount of multi-family development. The district boundaries are appropriately drawn with regard to locations and classifications of streets, ownership lines and existing improvements. Approval of this rezoning does not guarantee the right to develop on the subject. property. Transportation concurrency must be met, and the property owner will have to comply with all laws and ordinances in effect at the time development permits are requested. SUMMARY AND RECOMMENDATION: The proposed High Density Residential zoning district is consistent with the City Comprehensive Plan, is compatible with the surrounding area, does not conflict with the needs and character of the neighborhood and City, does not require nor affect the provision of the public services, and the boundaries are appropriately drawn. There will be no changes in traffic generation due to the fact that there would be no change in the maximum permitted density of 30 dwelling units per acre. The Planning Department recommends APPROVAL of the rezoning of 501 Mandalay Avenue as follows: Amend the zoning district designation of the subject site located at 501 Mandalay Avenue from Medium High Density Residential (MHDR) to High Density Residential (HDR). Prepared by: Etim S. Udoh Senior Planner Attachments: Application Location Map Aerial Photograph of Site and Vicinity Existing Surrounding Uses Existing Zoning Atlas and Land Use Plan Classification Proposed Rezoning and Land Use Plan Amendment Z 01-09-03 5 Nov. 13, 2001 CDB Meeting 2 5 77 0-4 5131 575 ? 604 p., 7 6 15 1 4 1 3 10 602 A E 57! 4 n? W o 6c E BAY ESPLANADE w 1CC 5•31 D.6. 715-323 (2) #4 34 33/01 OS/R U a m MANDALAY PARK Q O.C.c No, 706-:e7 532 0.8 57-195 Q J Q O RES. 8/1/55 Z Q 40, 2 ROCKAWAY h STREET 4o MI R LA SAL 1 5 MOTEL530 2 3 4 CONDO 1 97-55 L T N 8 7 5 c 1 10 4 8 522 7 ° 2 520 o N VAC. 0 R 22, - 19 40 CLEARWATER 100 YA HT BASIN BEACH 500 507 SUB RESUB 19-96 3 4 2 ti `sO 41' 00 25 35 ac. D.B. 141, 1 4 man?miomlt-- 10-11111m N W BAYMONT STREET o 1 50 57 499 45 56 58 80 495 44 60 M?ncwm•.r? 6p v o v a v ?hv?v?u:mco . ' CORAL 55 9 9 X90 ? 5 4 60 4so 23 LLJ ??? 2492 483 MOTEL 4 489 5L 61 41 j /.l Z ?w CONDO c 5 3 y, 62 40 E-? 3 485 3 490 42-114 63 W 50 484 483 39 ¢ 479 0 a 484 4 m ti 49 38 6s n W 479 477 Q cr SUN Q 9 1Tj66 36 47 -114 . 5 5 480 = zo HARBOR N 46 67 35 6 rn 1AJ to CONDO 0 Z 45 68 34 0 O 475 6 (n 475 5 76-90 as 0 33 50 43 32 7 7 Q LtJ 473 6 r~ c 5 0 L M 4 a 7 r A n c 'o a c c A EXISTING ZONING AND LANDUSE PLAN CLASSIFICATION OWNER: Greenmack Clearwater, LLC CASE: Z 01-09-03 SITE: 501 Mandalay Avenue PROPERTY SIZE (ACRES): 6.16 ZONING FROM: MHDR LAND USE Residential High PIN: 06/29/16/99218/000/0010 TO: HDR Residential High ATLAS 207A PAGE: ni 577 58 T575 3 604 a 3 1 15 14 1 3 11 10 602 /wL++ 7 E 557 1 g 566 V p q N oz 571 ( f-+..t N « 4 so 1. so 2 m 19 O co BAY ESPLANADE I 100 53' i + C, D.B. 715-323 ° (2) #4 534 111 33/o1 ? S / R Q m MANDALAY PARK a I a.C.D No. 7t)6-'@7 532 O.B 57-195 } Q J Q RES. 8/1/55 Z Q 40 ROCKAWAY N STREET 40 MTL ER m ? I SAL A J ^ TEL530 IM 5 2 3 4 CONDO PLAT 97-55 ?" >6 524 1 10 Q 8 X522 52 8 6 5 O 5 16 0 % vAC. 0.R 22c - 19 Ij D, R 40 - CLEARWATER 100 YA HT BAST g BEACH RESUB 500 501 SUB N 19-96 3 a 1 2 0 u 00 25 35 WC. 0. t41 1 a BAYMONT STREET tD 6 t 499 56 58 57 80 45 $O M h t` m 6060 Q v v v e ?nv?v;?n?nc°c° 495 >p 93 o as 1 1 CORAL 490 e.1 sa 4 90 42 m W 489 2 492 483 487 MOTEL 9 4 5 SS fit 489 52 62 at , W Z CONDO c 3t 51 63 40 485 3 490 ? 42-114 Z 50 484 483 W 57 39 ¢ 479 G 4 484 a LL 49 65 3 B J Q 477 C 479 SUN 45 D 47 66 36 Go F=. 5 i• 5480 = HARBOR n 46 67 35 6 CONDO O Z 45 fig 3a 0 475 6 N 475 5 76-90 2 5 0 44 70 3 43 71 32 , C 7 W 473 6 rl 0 r 5 f?1 G PROPOSED REZONING G O N ro OWNER: Greenmack Clearwater, LLC CASE: Z 01- 09- 03 - SITE: 501 Mandalay Avenue PROPERTY SIZE (ACRES): 6.16 V r ZONING LAND USE PIN: 06/29/15/99218/000/0010 FROM: MHDR Residential High ° i TO: MDR Residential High ATLAS 267A PAGE: 0 c W M O 0 v EXISTING SURROUNDING USES v c OWNER: Greenmack Clearwater, LLC CASE: Z 01-09-03 SITE: 501 Mandalay Avenue PROPERTY SIZE (ACRES): 6.16 ?, ZONING LAND USE PIN: 05/29/15/99216/000/0010 FROM: MHDR Residential High 12 CL TO: HDR Residential High ATLAS PAGE: 267A c R J G.LPL )iEXI O BAYMONT s±H- "!"moo s r V ROYAL WAY a ? ?- n in z R - c - z G Ln o n R 0 INS c ESPLANADE) STREE! I?- - La w - I c CLEARWAT WATER HARBDR MANDALAY RATER CHANNEL THIS IS NOT A SURVEY COUNTYWIDE FUTURE LAND USE PLAN MAP OWNER: Greenmack Clearwater, LLC CASE: Z 01-09-03 SITE: 501 Mandalay Avenue PROPERTY SIZE (ACRES): 6,16 `- ZONING LAND USE PIN: 05/29/15/99216/000/0010 FROM: MHDR Residential High ATLAS^ TO: HDR Residential High PAGE: 267A ?S lM,?fs. ??'?'AtEQE?? Clearwater City Cornrnission Agenda Cover Memorandum Worksession Item #: J Final Agenda Item # db Meeting Date: SUBJECT/RECOMMENDATION: 11-15-01 Land Use Plan Amendment and Rezoning for properties at 826 & 832 Woodlawn Street; 1517 Tilley Avenue and 1520 Prospect Avenue consisting of Metes & Bounds 32102, 32/07, 32/08, Lots 11 & 12, Block C, Second Addition to Belmont Subdivision, and Lots 43 & 44, Block C, Second Addition to Belmont in Section 22- Township 29 South-Range 15 East; Owner: Woodlawn Church of God; Representative: Pastor Randy Morris. MOTION: APPROVE a Land Use Plan Amendment from Residential Medium (RM) and Residential Urban (RU) to Institutional (INS), and a Zoning Atlas Amendment from Medium Density Residential (MDR) to Institutional (1) for properties at 826 & 832 Woodlawn Street; 1517 Tilley Avenue and 1520 Prospect Avenue consisting of Metes & Bounds 32/02, 32/07, 32/08, Lots 11 & 12, Block C, Second Addition to Belmont Subdivision, and Lots 43 & 44, Block C, Second Addition to Belmont in Section 22-Township 29 South-Range 15 East, and PASS Ordinances 6897-01 and 6898-01 on first reading. (LUZ 01-08-06) ® and that the appropriate officials be authorized to execute same. SUMMARY: This plan amendment and rezoning application is requested by the property owner (Woodlawn Church of God) in order to bring all church-owned properties into one zoning district and with a compatible land use plan designation. The existing church, which is located at 845 Woodlawn Street, is zoned Institutional (1) and has a future land use plan classification of Institutional (INS). This application involves seven parcels of land totaling 7.97 acres that are located to the north and south of the existing church. All of these parcels are zoned Medium Density Residential (MDR). Some of the parcels have a Future Land Use Plan category of Residential Medium and others are assigned Residential Urban. The current zoning and land use plan will not allow the proposed church related and institutional activities/development at this site. The applicant is requesting amendments to both the future land use plan and zoning designation to bring these parcels into consistency with both the Countywide Plan, City's Comprehensive Plan and Community Development Code. The proposed amendments will enable the applicant to conveniently manage these seven parcels and redevelop the site with the intended church related and institutional uses. The applicant is proposing to use the properties located at 1517 Tilley Avenue and 1520 Prospect Avenue, which are located south of the existing church, for small prayer meetings, bible study classes and church offices. The property located at 832 Woodlawn Street, which is to the north of the church, will continue to be used for church parking. The applicant intends to use the parcel to the west of 832 Woodlawn Street for parking and possibly for a school the church currently operates in another municipality. The property located at 826 `dVoodlawn Street, which is the parcel adjacent to the west, is currently occupied by eight (8) condominium rental units. The applicant plans to use these units for transitional housing for released prisoners that have participated in a discipleship program while incarcerated. Reviewed by: Originating Dept.: Costs Legal Info Srvc N/A PLANNING DEPARTMENT Total NIA xllvl'? - ETIM S. UD H Budget NIA Public Works N/A User Dept.: Funding Source: Purchasing NIA DCM/ACM Current N/A CI Long Range Plannin FY Risk Mgmt N/A Other Attachments: OP ORDINANCES NO. 6897-01 & 6808-01 STAFF REPORT Other Submitted by: Appropriation Code: City Manager O None Ck9 Printed on recycled paper CC LUZ 01-08-06 Woodlawn Church of God November 15, 2001 Page 2 No sex offenders will be permitted to live in these units. The church may also make several units available to missionaries and ministers that are on sabbatical. The remainder of this large parcel will be used for recreational and outreach purposes and the only improvements contemplated for this property are an amphitheater and gazebo. The proposed institutional uses are appropriate for and consistent with the area since the site will be an extension of an existing church. The proposed Institutional plan category will not extend further to the north and east than the currently established line between Ross Norton Park to the north and Norton Apartment Complex to the east. The proposed church-related uses will blend into the existing neighborhood and serve as a transition between more intensive multi-family uses to the east. Any use of the existing condominium units for transitional housing will require a flexible standard approval. The Planning Department determined that the proposed land use plan amendment and rezoning are consistent with the following standards specified in the Community Development Code: • The proposal is consistent with the City's Comprehensive Plan, and the Countywide Plan. There will be no adverse impacts on public facilities and their level of service. • The proposed land use plan amendment and rezoning represent a logical extension of the boundaries and will not result in "spot zoning". • The potential range of uses and the specific proposed uses are compatible with the surrounding area. • The applications will not have adverse impact on the natural environment. Please refer to the attached report for the complete staff analysis. In accordance with the Countywide Plan Rules, the land use plan amendment is subject to the approval of the Pinellas Planning Council and the Board of County Commissioners acting as the Countywide Planning Authority. Due to the size and intensity of the plan amendment, review and approval by the Florida Department of Community Affairs is not required. At the October 16, 2001 meeting, the Community Development Board reviewed these applications and unanimously recommended approval. 2 ORDINANCE NO. 6897-01 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE FUTURE LAND USE PLAN ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY, TO CHANGE THE LAND USE DESIGNATION FOR CERTAIN REAL PROPERTY LOCATED ON THE NORTH SIDE OF WOODLAWN STREET BEGINNING APPROXIMATELY 760 FEET EAST OF MYRTLE AVENUE; 600 FEET WEST OF GREENWOOD AVENUE, AND ALSO APPROXIMATELY 250 FEET SOUTH OF WOODLAWN ON PROSPECT AVENUE AND 200 FEET SOUTH OF WOODLAWN ON TILLEY AVENUE, CONSISTING OF A PORTION OF PROPERTY LOCATED IN M&B'S 32/02, 32/07, 32/08, LOTS ELEVEN AND TWELVE, BLOCK C, SECOND ADDITION TO BELMONT SUBDIVISION, AND LOTS 43 AND 44, BLOCK C, SECOND ADDITION TO BELMONT, WHOSE POST OFFICE ADDRESSES ARE 832 AND 826 WOODLAWN STREET, 1517 TILLEY AVENUE AND 1520 PROSPECT AVENUE, FROM RESIDENTIAL MEDIUM AND RESIDENTIAL URBAN TO INSTITUTIONAL; PROVIDING AN EFFECTIVE DATE. WHEREAS, the amendment to the future land use plan element of the comprehensive plan of the City as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's comprehensive plan; now, therefore, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The future land use plan element of the comprehensive plan of the City of Clearwater is amended by designating the land use category for the hereinafter-described property as follows: Property See legal descriptions attached (LUZ_ 01-08-06) Land Use Category From: Residential Medium Residential Urban To: Institutional Section 2. The City Commission does hereby certify that this ordinance is consistent with the City's comprehensive plan. Section 3. This ordinance shall take effect immediately upon adoption, subject to the approval of the land use designation by the Pinellas County. Board of County Commissioners, and subject to a determination by the State of Florida, as appropriate, of compliance with the applicable requirements of the Local Government Comprehensive Planning and Land Development Regulation Act, pursuant to § 163.3189, Florida Statutes. The Administrator of Planning and Development Services is authorized to transmit to the Pinellas County Planning Council an application to amend the Countywide Plan in order to achieve consistency with the Future Land Use Plan Element of the City's Comprehensive Plan as amended by this ordinance. Ordinance No. 6897-01 I PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Approved as to form: Leslie K. Dougall- s Assistant City Attorney 2 Brian J. Aungst Mayor-Commissioner Attest: Cynthia E. Goudeau City Clerk Ordinance No. 6897-01 J CG a , R INS CG lul R U ---r----? ----- ----- ----------- _- - __--r--_ryr+ --_ _ - W _ RU , 1 G. COUNTYWIDE FUTURE LAND USE PLAN MAP OWNER: Woodlawn Church of God CASE: LUZ 01-08-06 832 & 826 Woodlawn St. R 1517 Tilley Ave. PROPERTY SIZE (ACRES): 7.96 SITE: & 1620 Prospect Ave. PIN: 22/29/15/00000/320/0600 PIN: 22/29/15/00000/320/0700 ZONING LAND USE PIN: 22/29/15/07938/003/0110 PIN: 22/29/15/00000/320/0200 FROM: MDR Residential Urban PIN: 22/29/15/08941/000/2101 Residential Medium PIN: 22/29/15/98941/000/2102 PIN: 22129/15/98941/000/2201 PIN: 22/29/15/98941/000/2202 PIN: 22/29/15/98941100012103 PIN: 22/29/15/98941/000/2203 TO: I Institutional PIN: 22/29/15/98941/000/2104 PIN: 22/29/15/98941/000/2204 PIN: 22129/15/0'7938/003/0430 _ ATLAS PAGE: 314A ui Legal description of 832 Woodlawn Street Owners: Woodlawn Church of God LUZ 01-08-06 Begin at the SE corner of the NW'/4 of the SW'/4 of Section 22, Township 29 South, Range 15 East, and run N 89°23'50" W, 558.29 feet for a point of beginning, thence continue N 89023'50" W, 158.71 feet; thence N 002256" W, 238.71 feet; thence S 89°23'50" E., 158.71 feet; thence S 0022'56" E, 238.71 feet, to the point of beginning. LESS road right of way and subject to an easement for right of way purposes, as recorded in O.R. Book 4793, Page 1403, Public Records of Pinellas County, Florida. Legal Description of 826 Woodlawn Street -- Owners, Woodlawn Church of God Exhibit "A" Begin at the Southwest corner of the Northwest Quarter (NW '/4) of the Southwest Quarter (SW 1/4) of Section 22, Township 29 South, Range 15 East and run thence North 0°19'55" East along the Section line, 210 feet for P.O.B. ; run thence North 89°23'50" W. parallel to the North right-of-way line of Woodlawn Street and to a point on the East right-of-way be of Old Tampa and Gulf Coast railroad 43.35 feet; thence North 12°40'01" W. along said R.R. right-of-way 14.42 feet; thence along a curve to the right and said RR. right-of-way, chord bearing North 8°02'01" W., 229.03 feet, arc=229.23 feet and radius=1417.69 feet; thence along a curve to the left and said R.R. right-of-way, chord bearing North 7°35'34" W. 211.69 feet, arc-211.87 feet and Radius 1447.69 feet; thence South 89°'23'50" E. parallel to the North right-of-way line of Woodlawn Street a distance of 108.6 feet to the Northwest comer of the Southwest Quarter (SW I/4) of Northwest Quarter (NW '/4) of the Southwest Quarter (SW 1/4) of said Section 22-29-15; thence continue South 89°23'50" E. a distance of 552.0 feet; thence South 0°19'55" W. parallel to the said Section line, 421.29 feet; thence South 89°23'50" E., 50.36 feet parallel to the 40 Acre line and center line of Woodlawn Street; thence South 0022756" E. 218.71 feet parallel to the 40 Acre tine and center-line of Greenwood Ave.; thence North 89°23'50" W., 205.09 feet parallel to the 40 Acre line and the center-line of Woodlawn and 20.0 feet Northerly therefrom; thence North C°19'55" E. 190 feet: thence North 89°23'50" W.I. 400.0 feet to P.O.B. Less Exhibit `B" From the SW corner of the NW '/4 of the SW V4 of Section 22, Township 29S, Range 15E, run thence N 0019'55" E, along the section line, 210.0 ft.; thence.run N 89023'50" W, parallel to the North right-of-way line of Woodlawn Street and to Point on the East right-of-way line of Old Tampa and Gulf Coast Railroad, 43.35 ft. ; thence run N 12040'01" W, along said railroad right-of-way, 14.42 ft. ; thence run along a curve to the right and said railroad right-of-way, chord bearing of N 8002'01" W, 229.03 ft., arc of 229.28 ff., and radius of 1417.69 ft.; thence run along a curve to the left and said railroad right-of-way, chord bearing of N 6053'OT' W, 176.00 ft., are of 176.12 ft. and radius of 1447.69 ft. for the Point of Beginning; thence run along a curve to the left and said railroad right-of-way, chord bearing of N 11004'40" W, 35.74 ft., are of 35.74 it. and radius of 1447.69 ft. ; thence run S 89023'50" E, parallel to the north right-of-way line of `1Sloodlawn Street, 660.6 ft.; thence run S 0019'55" W, parallel to the said section fine, 35.0 ff.; thence run N 89023'50" W, parallel to north right-of-wary line of Woodlawn Street, 653.52 fl:. to the Point of Beginning. This legal description is a parcel conveyed to the City of Clearwater for park dedication in O.R. Book 5880, page 341, Public Records of Pinellas County, Florida. Legal Description of 1520 Prospect Ave. Lots Eleven (11) and Twelve (12), Block "C", Second Addition to Belmont Subdivision, according to the map or plat thereof as recorded in Plat Book 6, Page 88, of the Public Records of Pinellas County, Florida. Legal Description of 1517 Tilley Ave. Lots 43 and 44, Block "C" Second Addtition to Belmont Subdivision, according to plat thereof as recorded in Plat Book 6, Page 88, of the Public Records of Pinellas County, Florida. ORDINANCE NO. 6898-01 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY REZONING CERTAIN PROPERTY LOCATED ON THE NORTH SIDE OF WOODLAWN STREET BEGINNING APPROXIMATELY 760 FEET, EAST OF MYRTLE AVENUE; 500 FEET WEST OF GREENWOOD AVENUE, AND ALSO APPROXIMATELY 250 FEET SOUTH OF WOODLAWN ON PROSPECT AVENUE AND 200 FEET SOUTH OF WOODLAWN ON TILLEY AVENUE, CONSISTING OF A PORTION OF PROPERTY LOCATED IN M&B'S 32/02, 32/07, 32/08, LOTS ELEVEN AND TWELVE, BLOCK C, SECOND ADDITION TO BELMONT SUBDIVISION, AND LOTS 43 AND 44, BLOCK C, SECOND ADDITION TO BELMONT, WHOSE POST OFFICE ADDRESSES ARE 832 AND 826 WOODLAWN STREET, 1517 TILLEY AVENUE AND 1520 PROSPECT AVENUE, FROM MEDIUM DENSITY RESIDENTIAL (MDR) TO INSTITUTIONAL (1); PROVIDING AN EFFECTIVE DATE. . WHEREAS, the amendment to the zoning atlas of the City as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's Comprehensive Plan; now, therefore, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following described property in Clearwater, Florida, is hereby rezoned, and the zoning atlas of the City is amended as follows: Property See legal descriptions attached (LUZ 01-08-06) Zoning District From: Medium Density Residential (MDR) To: institutional (1) Section 2. The Planning and Development Services Administrator is directed to revise the zoning atlas of the City in accordance with the foregoing amendment. Section 3. This ordinance shall take effect immediately upon adoption, subject to the approval of the land use designation set forth in Ordinance 6897-01 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 §163.3180, Florida Statutes. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Approved as to form: Leslie K. Dougall-Sid es Assistant City Attorney Brian J. Aungst Mayor-Commissioner Attest: Cynthia E. Goudeau City Clerk Ordinance No. 6898-01 Legal description of 832 Woodlawn.Street Owners: Woodlawn Church of God LUZ 01 -08-06 Begin at the SE corner of the NW '/4 of the SW % of Section 22, Township 29 South, Range 15 East, and run N 89023'50" W, 558.29 feet for a point of beginning, thence continue N 89023'50" W, 158.71 feet; thence N 0022'56" W, 238.71 feet; thence S 89023'50" E., 158.71 feet; thence S 0022'56" E, 238.71 feet, to the point of beginning. LESS road right of way and subject to an easement for right of way purposes, as recorded in O.R. Book 4793, Page 1403, Public Records of Pinellas County, Florida. Legal Description of 826 Woodlawn Street - Owners, Woodlawn Church of God Exhibit "A" Begin at the Southwest comer of the Northwest Quarter (NW 1/4) of the Southwest Quarter (SW '/4) of Section 22, Township 29 South, Range 15 East and run thence North 0°19'55" East along the Section line, 210 feet for P.O.B. ; run thence North 89°23'50" W. parallel to the North right-of-way line of Woodlawn Street and to a point on the East ri ght-of-way line of Old Tampa and Gulf Coast railroad 43.35 feet; thence North 12°40'01" W. along said R.R. right-of-way 14.42 feet; thence along a curve to the right and said R.R. right-of-way, chord bearing North 8°02'01" W., 229.03 feet, are--229.23 feet and radius=1417.69 feet; thence along a curve to the left and said R.R. right-of-way, chord bearing North 7°35'34" W. 211.69 feet, arc=211.87 feet and Radius 1447.69 feet; thence South 89°23'50" E. parallel to the North right-of-way line of Woodlawn Street a distance of 108.6 feet to the Northwest corner of the Southwest Quarter (SW '/4) of Northwest Quarter (NW '/4) of the Southwest Quarter (SW '/4) of said Section 22-29-15; thence continue South 89°23'50" E. a distance of 552.0 feet; thence South 0°19'55" W. parallel to the said, Section line, 421.29 feet; thence South 89°23' 50" E., 50.36 feet parallel to the 40 Acre line and center line of Woodlawn Street; thence South 0022'56" E. 218.71 feet parallel to the 40 Acre line and center-line of Greenwood Ave.; thence North 89°23' 50" W, 205.09 feet parallel to the 40 Acre line and the center-line of Woodlawn and 20.0 feet Northerly therefrom; thence North C° 19'5 5" E. 190 feet: thence North 89°23'50" W., 400.0 feet to P.O.B. Less Exhibit "B" From the SW corner of the NW 1/4 of the SW i/4 of Section 22, Township 29S, Range 15E, run thence N 0019'55" E. along the section line, 210.0 ft.; thence run N 89023'50" W, parallel to the North right-of-way line of Woodlawn Street and to Point on the East right-of way line of Old Tampa and Gulf Coast Railroad, 43.35 ft. ; thence run N 12040'01" W, along said railroad right-of-way, 14.42 ft. ; thence run along a curve to the right and said railroad right-of-way, chord bearing of N 8002'01" W, 229.03 ft., arc of 229.28 ft., and radius of 1417.69 ft.; thence nun along a curve to the left and said railroad right-of-way, chord bearing of N 6053'07' W, 176.00 ft., are of 176.12 ft. and radius of 1447.69 ft. for the Point of Beginning; thence run along a curve to the leff and said railroad right-of-way, chord bearing of N 11004'40" W, 35.74 ft., arc of 35.74 ft. and radius of 1447.69 ft. ; thence run S 89023'50" E, parallel to the north right-of-way line of Woodlawn Street, 660.6 ft.; thence run S 0019'5" W, parallel to the said section line, 35.0 ft.; thence nun N 89023'50" W, parallel to north right-of-wary line of Woodlawn Street, 653.52 ft. to the Point of Beginning. This legal description is a parcel conveyed to the City of Clearwater for park dedication in O.R. Book 5880, page 341, Public Records of Pinellas County, Florida. Legal Description of 1520 Prospect Ave, Lots Eleven (11.) and Twelve (12), Block "C", Second Addition to Belmont Subdivision, according to the map or plat thereof as recorded in Plat Book 6, Page 88, of the Public Records of Pinellas County, Florida. Legal Description of 1517 Tilley Ave. Lots 43 and 44, Block "C" Second Addtition to Belmont Subdivision, according to plat thereof as recorded in Plat Book 6, Page 88, of the Public Records of Pinellas County, Florida. PF OPOSED ZONING AND LAND USE PLAN CLASSIFICATION F NER: -Woodlawn Church of Cod CASE: LUZ 01-08-06 E: 832 8 826 Woodlawn St. & '1517 Tilley Ave. PROPERTY SIZE (ACRES: 7.97 & 1520 Prospect Ave . ZONING LAND USE PIN; 22/28/15/00000/320/0800 PIN: 22/29/15/00000/320/0700 PIN: 22/29/15/079381003/0110 PIN: 22/29/16/00000/320/0200 FROM: MDR Residential Urban PIN: 22/29/15/98941/000/2101 PIN: 22129/15/98941/000/2201 Residential Medium PIN: 22/29/16/98941/000/2102 PIN: 22/29/15/98941/000/2202 PIN: 22/29/15/98041/00012103 PIN: 22/29/15/98941/000/2203 TO: 1 Institutional PIN: 22/29/15/98941/000/2104 PIN: 22/29/15/98941/000/2204 o PIN: 22129/15/07938/003/04_ °c ATLAS PAGE: 314A CDB Meeting Date: October 16, 2001 Case #: LUZ 01-08-06 Agenda Item No. C.8. CITY OF CLEARWATER PLANNING DEPARTMENT STAFF REPORT GENERAL INFORMATION OWNER/APPLICANT: REPRESENTATIVE: LOCATION: Woodlawn Church of God Randy Morris, Pastor 832 & 826 Woodlawn Street; 1517 Tilley Avenue and 1520 Prospect Avenue. Generally located on the north side of Woodlawn Street beginning approximately 760 feet east of Myrtle Avenue; 600 feet west of Greenwood Avenue, and also approximately 250 feet south of Woodlawn on Prospect Avenue and 200 feet south of Woodlawn Street on Tilley Avenue. LEGAL DESCRIPTION: Legally, described as Lots 11 and 12, Block "C", Second Addition to Belmont Subdivision (1520 Prospect Avenue); Lots 43 and 44, Block "C", Second Addition to Belmont Subdivision (1517 Tilley Avenue) and Metes and Bounds 32/087 32/07 & 32/02 in Section 22, Township 29 South, Range 15 East (832 & 826 Woodlawn Street). PIN: 22/29/15/07938/003/0430 22/29/15/07938/003/0110 22/29/ 15/00000/3 20/0700 22/29/15/00000/320/0200 22/29/15/98941/000/2 101 22/29/15/98941/000/2102 22/29/15/98941/000/2103 22/29/15/98941,1000/2104 22/29/15/98941/000/2201 22/29/15/98941/000/2202 22/29/15/98941/000/2203 22/29/15/98941/000/2204 22/29/15/00000/320/0800 REQUEST: To amend the Comprehensive Plan's Future Land Use Map from Residential Medium (RM) & Residential Urban (RU) to Institutional (INS), and SITE INFORMATION PROPERTY SIZE: PROPERTY USE: Current Use: Proposed Use: PLAN CATEGORY: Current Category: Proposed Category: ZONING DISTRICT: Current District: Proposed District: EXISTING SURROUNDING USES: ANALYSIS Introduction To rezone from the Medium Density Residential (MDR) district to the Institutional (I) district 347,173.32 square feet or 7.97 acres Church parking, residential & vacant lots Various church related and institutional uses Residential Medium & Residential Urban Institutional Medium Density Residential (MDR) Institutional (1) North: Park South: Single-family residential East: Single-family residential West: Single-family residential & Multi-family residential This plan amendment and rezoning application is requested by the property owner (Woodlawn Church of God) in order to bring all church-owned properties into one zoning district with a compatible land use plan designation. The existing church, which is located at 845 Woodlawn Street, is zoned Institutional (I) and has a future land use plan classification of Institutional (INS). This application involves seven parcels of land totaling 7.97 acres that are located to the north and south of the existing church. All of these parcels are zoned Medium Density Residential (MDR). Some of the parcels have a Future Land Use Plan category of Residential Medium and others are assigned Residential Urban. The current zoning and land use plan will not allow some of the proposed church related activities/development at this site. In recognition of this LUZ 01-08-06 2 limitation, the applicant is requesting amendments to both the future land use plan and zoning map to bring these parcels into consistency with the requirements of the City's Comprehensive Plan, Community Development Code and the Countywide Plan. The proposed amendments will enable the applicant to conveniently manage these seven parcels and redevelop the site with the intended church-related and institutional uses. Properties Located South of Woodlawn Street: This application includes two sites located immediately to the south of the existing church site. One property is located at 1520 Prospect Avenue, also known as Lots I 1 and 12, Block C, Second Addition of Belmont Subdivision, and consists of 0.13 acres. The other property is located at 1517 Tilley Street, also known as I..ots 43 and 44, Block C, Second Addition to Belmont Subdivision, and consists of 0.13 acres Vacant single family dwellings occupy both properties. The applicant intends to utilize these properties for various church related uses including small prayer meetings, bible study classes and office space for the church. Both properties are currently zoned Medium Density Residential (MDR) and have a future land use plan classification of Residential Urban, which permits 7.5 dwelling units per acre. The applicant is proposing to amend the Future Land Use Plan to designate these properties as Institutional (INS) and to rezone these properties to the Institutional (I) zoning district. Properties Located North of Woodlawn Street: This application also includes three parcels located to the north of the existing church site. One property is located at 832 Woodlawn Street, also known as Metes and Bounds 32/08, and consists of 0.79 acres. It is located directly across the street from the church and is used for church parking. The use of the property is not proposed to change. Another property known as Metes and Bounds 32/07 is located to the immediate west of 832 Woodlawn Street. It is vacant and consists of 0.41 acres. The church intends to use this for parking and possibly for a school that the church currently operates off-site. The other property is located at 826 Woodlawn Street, which is to the immediate west of Metes and Bounds 32/07. It is also known as Metes and Bounds 32/02 and contains eight (8) condominium units known as Woodlawn Terrace 1. This property consists of 6.51 acres. The applicant plans to utilize the existing condominium units, which are currently used as rental units, for transitional housing for released prisoners that have participated in a discipleship program while incarcerated. No sex offenders will be permitted to live in these units. The church may also make several of these units available to missionaries and ministers that are on sabbatical. The remainder of this site, which is located south of Norton Park and west of the Norton Apartments has two ponds located on it. The applicant plans to use this portion of the property for recreational and outreach purposes. The only improvements planned to be constructed on this portion of the property is a gazebo and amphitheater. These properties are currently zoned Medium Density Residential (MDR) district and have a future land use plan classification of Residential Medium, which permits .15 dwelling units per acre. The applicant is proposing to amend LUZ 01-08-06 3 the Future Land Use Plan to designate these properties Institutional (INS) and to rezone these properties to the Institutional (1) zoning district. The overall site, which is 7.97 acres in size, is considered a small scale amendment pursuant to Chapter 163.3187, Florida Statutes. The Pinellas Planning Council (PPC) will review the land use plan amendment as a Level 2 sub-threshold amendment in compliance with Section 5.3.5 of the Countywide Plan Rules. 1. CONSISTENCY WITH CITY'S COMPREHENSIVE PLAN [Section 4-602(F)(1) & Section 4-603(F)(1) &(2)] The proposed land use plan amendment and rezoning will promote infill development as stated in the following clauses from the Future Land Use Needs Summary of the Clearwater Comprehensive Plan: s 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 infIl development. The proposed plan amendment is not in conflict with any Clearwater Comprehensive Plan Goals, Objectives or Policies, and is consistent with the Clearwater Comprehensive Plan. II. CONSISTENCY WITH COUNTYWIDE PLAN Applicable regulations from the Countywide Plan are as indicated below: 2.3.3.7.3 Institutional (INS) Purpose - It is the purpose of this category to depict those areas of the County that are now used, or appropriate to be used, for public/semi public institutional purposes; and to LUZ 01-08-06 4 recognize such areas consistent with the need, character and scale of the institutional use relative to surrounding uses, transportation facilities, and natural resource features. Locational Characteristics - This category is generally appropriate to locations where educational, health, public safety, civic, religious and like institutional uses are required to serve the community; and to recognize the special needs of these uses relative to their relationship with surrounding uses and transportation access. The proposed plan amendment is consistent with the Countywide Plan. III. COMPATIBILITY WITH SURROUNDING PROPERTY/CHARACTER OF THE CITY & NEIGHBORHOOD [Section 4-602 (F)(2)&4-603(F)(3)] Woodlawn Street Corridor The Woodlawn Street corridor between South Greenwood Avenue and the C.S.X. Railroad tracks at ls` Ave. West/Myrtle Ave. is characterized by a variety of uses including residential, institutional and commercial at the intersections of South Greenwood Avenue and Woodlawn Street. The Countywide Future Land Use Plan has designated land in. this area of the north side of Woodlawn Street Residential Urban, Commercial General and Residential Medium. The area on the south side of Woodlawn Street has been designated as Residential Urban and Institutional. Immediate Surrounding Area The Future Land Use Plan (FLUP) for the immediate surrounding area along Woodlawn Street is Recreation/Open Space to the north, Residential Medium to the east, Residential Urban and Institutional to the south. The proposed future land use is in character with the overall future land use plan designation along this area. The boundary line for the Institutional plan category is proposed to extend further to the north to include 826 and 832 Woodlawn Street (M& B 32/08, 32/07 & 32/02) and to the south to include properties at 1517 Tilley Avenue and 1520 Prospect Avenue (Lots 11, 12, 43 & 44) that abut the existing church building. Several single-family homes are located to the east and far northeast of the site. The existing surrounding uses include single-family residential to the east of Tilley Avenue and Prospect Avenue, single family residential to the north and south of Woodlawn Street, Ross Norton Park to the north of Metes and Bounds 32/02 and multi-family residential to the east of Metes and Bounds 32/02, 32/07 and 32/08. The proposed land use amendment is compatible with surrounding uses due to the similarity of future and existing uses with the proposed land use. LUZ 01-08-06 5 IV. SUFFICIENCY OF PUBLIC FACILITIES Roadways The subject site is approximately 7.97 acres and would allow 99 single-family dwellings based on a maximum density of 7.5 units per acre in the current Residential Urban plan category and 15 dwelling units per acre in the current Residential Medium plan category and Medium Density Residential (MDR) zoning district. Other uses allowed ill the MDR zoning district include utility/infrastructure facilities, residential infill projects and schools. Based on an allowable floor area ratio (FAR) of 0.65, a maximum development potential under the proposed Institutional zoning district, providing all other district regulations are met, is 225,662 square feet of educational facility, medical clinic, church, hospital, governmental use, congregate care or social and community centers. However, it is highly unlikely that the above uses would be able to be developed that intensely due to Community Development Code requirements and site planning constraints. The more intense uses in the Institutional zoning district have been analyzed for the amount of vehicle trips that could be generated based on maximum development potential. Based on the Institute of Transportation Engineer's manual and the Pinellas County Transportation Impact Fee Schedule, the medical clinic use would generate the most vehicle trips daily (8,153) and PM Peak Hour vehicle trips (4,290). The Pinellas Planning Council's (PPC) traffic generation guideline for the Institutional future land use category on the next table more accurately portrays potential traffic generation. This guideline is used by the PPC to review transportation impacts of proposed land use plan amendments. New Development Maximum F.A.R. Single Medical School Family Church Clinic Use Existing Zoning: Units 99 N/A N/A N/A Avg. Daily Vehicle Trips 941 N/A N/A N/A PM Peak Vehicle Trips 101 N/A N/A N/A Proposed Institutional Zoning: Square Feet - N/A 225,662 225,662 225,662 Avg. Daily Vehicle Trips - N/A 2,056 8,153 2,715 PM Peak Vehicle Trips - N/A 316 4,290 704 NIA - Not Applicable Source: 1TE Trip Generation Manual, 6th Ed., 1997 Pinellas County Transportation Impact Fee Ordinance LUZ. 01-08-06 6 Based on the ITE Trip Generation Manual, the average daily trips generated by the existing Medium Density Residential (MDR) zoning district is 941 trips. The proposed Institutional zoning will generate 8,153 average daily trips. Due to the location of the subject site between two arterials, South Fort Harrison and South Greenwood, it is assumed that current and projected trips will be distributed evenly between these two arterials. 1VIkX1M1)l*l POTENTIAI. TRAFFIC Ft. Harrison Avenue/South Greenwood Current Existing Proposed PPC Situation Zoning Zoning Guidelines Maximum Daily Added Potential Trips N/A 941 8,153 709 Maximum PM Peak Hour Added Potential Trips N/A 101 4,290 89* Volume of Ft. Harrrison - Belleview Blvd. to Belleair Rd. 24,794 25,265 28,870 2 5, 148 LOS of Ft. Harrison - Belleview Blvd. to Belleair Rd. C C C C Volume of S. Greenwood Ave.-Lakeview Rd. to Belleair. 6,700 7,170 10, 776 7,054 LOS of S.Greenwood Ave. - Lakeview Rd. to Belleair Rd. D D D D N/A = Not Applicable LOS = Level-of-Service * = City Calculation of 12.5% Source: ITE Trip Generation Manual, 6th Ed., 1997 Pinellas Corn), Transportation Impact Fee Ordinance Pinellas County WO Level of Service 2000 "The Rules " of the Countyivide Future Land Use Plan The 2001 Transportation Level of Service manual from the Pinellas County Metropolitan Planning Organization assigned the Fort Harrison Avenue segment from Belleview Boulevard to Belleair Road a Level of Service (LOS) C. The South Greenwood Avenue segment from Lakeview Road to Belleair Road is assigned a Level of Service (LOS) D. Fort Harrison Avenue has no planned capacity enhancement. The level-of-service (LOS) for South Fort Harrison Avenue and Greenwood Avenue will not be degraded by the proposed land use amendment and rezoning. Although medical clinic results in the higher number of trips, the more likely use of the property is church related and institutional uses and will not be developed to the maximum potential. Based on the Countywide Plan standard for the purpose of calculating typical traffic impacts relative to plan amendments, a total of 758 trips per acre per day will result from the existing Residential Medium and Residential Urban plan categories. The proposed Institutional plan category could generate a total of 709 trips for religious/civic facilities. The proposed institutional uses will result in a net reduction of vehicle trips per day per acre when compared with the existing designation of this site. No negative impacts are projected to result from the proposed amendment on the South Fort Harrison Avenue and Greenwood Avenue segments. LUZ 01-08-06 7 Mass Transit The Citywide LOS for mass transit will not be affected by the proposed plan amendment. The total miles of fixed route service will not change; the subject site is located within '/a mile of an existing transit route; and headways are less than or equal to one hour. Pinellas Suncoast Transit Authority (PSTA) bus service is available along South Fort Harrison Avenue and none on South Greenwood Avenue. Water Under the current land use designation and zoning, water consumption rates could approach 24,750 gallons per day. Under the proposed Institutional land use plan designation and zoning district, water demand could approach approximately 22,566 gallons per day. Water demand will experience a net decrease of 2,184 gallons per day, therefore the land use plan amendment and rezoning will not negatively affect the City's current LOS for water. Wastewater Under the current land use plan designation and zoning district, sanitary sewage flow rates could approach 19,800 gallons per day. Under the proposed Institutional land use designation and zoning district, wastewater demand could approach 18,053 gallons per day. The proposed amendments will decrease impacts on the City's wastewater system and will not negatively impact the City's current LOS. Solid Waste The current zoning could result in 251 tons of solid waste per year. Under the proposed Institutional land use plan designation and zoning district, 180 tons of solid waste could be generated per year. The proposed amendment will not adversely affect the City's current LOS for solid waste disposal since there is excess capacity. Recreation and Open Space The proposed land use amendment and rezoning will not impact the LOS of recreational acreage or facilities due to the proposed non-residential land use. V. IMPACT ON NATURAL ENVIRONMENT [Section 4-603(F)(5)] Prior to redevelopment of the subject properties, site plan approval will be required. At that time, the stormwater management system will be required to meet all City and Southwest Florida Water Management District (SWFWMD) stormwater management criteria. No water is currently shown on the map other than the two ponds located on Metes and Bounds 32%02 parcel. These ponds are less than three acres and may not qualify as jurisdictional wetland. They could be turned into retention pond for drainage purposes at the time of redevelopment of the site. The proposed land use amendment will not have a negative impact on the natural environment. LUZ 01-08-06 a E 13 VI. LOCATION OF DISTRICT BOUNDARIES [Section 4-602 (F)(6)] The location of the proposed Institutional boundaries are logical and an appropriate classification between recreation & multi-family uses on the north side of Woodlawn Street. The expansion of the Institutional District to the south of the existing church site is appropriately drawn with regard to ownership lines. V11. CONSIS'T'ENCY OF DEVELOPMENT WITH COMMUNITY DEVELOPMENT CODE AND CITY REGULATIONS [Sections 2-1201.1. & 4-602(F)(1) and (2)] The proposed Institutional District permits a FAR of 0.65 and the existing MDR, Medium Density Residential District permits a F.A.R. of 0.50, although F.A.R. does not apply to residential development. The I.S.R of the proposed Institutional district is more intensive at 0.85 than the existing MDR zoning district which allows an I.S.R. of 0.75. The entire parcels when combined will meet size requirements for the proposed district and Institutional use, as well as most other uses in the Institutional Zoning District. Approval of this land use plan amendment and zoning district designation does not guarantee the right to develop on the subject property. Transportation concurrency must be met, and the property owner will have to comply with all laws and ordinances in effect at the time development permits are requested. The existing and proposed use of these properties are consistent with the Institutional Zoning district regulations. Existing vs. Proposed Regulations - Maximum Development Potential Floor Area Ratio Impervious Surface F.A.R. Ratio (I.S.R.) Existing MDR Zoning 0.50 0.75 Proposed Institutional Zoning 0.65 0.85 SUMMARY AND RECOMMENDATIONS An amendment of the land use plan from Residential Urban and Residential Medium to Institutional and a rezoning from Medium Density Residential (MDR) to Institutional (1) Zoning District for the subject site is necessary to enable the applicant to develop the subject site with church-related and institutional uses. The surrounding uses in these blocks are predominately residential uses. The proposed institutional uses are appropriate for and consistent with the area since the site will be an extension to an existing church. The proposed Institutional plan category will not extend further to the north and east than the currently established line between Ross Norton Park to the north and Norton Apartment Complex to the east. The proposed church-related and institutional uses will LU7.01-08-06 9 blend into the existing neighborhood and serve as a transition between more intensive multi-family uses to the east. Any use of the existing condominium units for transitional housing will require a flexible standard approval. Finally, the proposed Institutional future land use classification and the Institutional zoning district are consistent with both the City and the Countywide Comprehensive Plans, is compatible with the surrounding area, does not affect the provision of the public services, are compatible with the natural environment and are consistent with the development regulations of the City. The Planning Department recommends APPROVAL of the following actions on this application: 1. Amend the Future Land Use Plan designations of the subject site from Residential Medium and Residential Urban to Institutional; and 2. Amend the zoning district designation of the subject site from Medium Density Residential (MDR) to histitutional (1). Prepared by: tim S. ?J?oh Senior Planner Attachments: Application Location Map Aerial Photograph of Site and Vicinity Existing Surrounding Uses Existing Zoning Atlas and Land Use Plan Classification Proposed Rezoning and Land Use Plan Amendment LUZ 01-0'8-0G 10 Parcel Numbers 832 woodlawn Street 22/29/.15/00000/320/0800 826 woodlawn Street (note: there are 10 different parcel numbers for this property due to the fact that there are 8 individual condo units and 2 large vacant pieces of land) 22/29/15/00000/320/0700 22/29/15/00000/320/0200 22/29/15/98941/000/2101 22/29/15/98941/000/2102 22/29/15/98941/000/2103 22/29/15/98941/000/2104 22/29/15/98941/000/2201 22/29/15/98941/000/2202 22/29/15/98941/000/2203 22/29/15/98941/000/2204 1520 Prospect Ave. 22/29/15/07938/003/0110 (small vacant lot on east side of property) (large vacant lot on west side of property) (condo unit #10 1) (condo unit #102) (condo unit #103) (condo unit #104) (condo unit #201) (condo unit #202) (condo unit #203) (condo unit #204) 1517 Tilley A,ve. 22/29/15/0793 8/003/0430 Legal Description of 1520 Prospect Ave. Lots Eleven (11) and Twelve (12), Block "C", Second Addition to Belmont Subdivision, according to the map or plat thereof as recorded in Plat Book 6, Page 88, of the Public Records of Pinellas County, Florida. Legal Description of 1517 Willey Ave, Lots 43 and 44, Block "C" Second Addtition to Belmont Subdivision, according to plat thereof as recorded in Plat Book 6, Page 88, of the Public Records of Pinellas County, Florida. APP, -RATION FOR ZONING i-,. MAS AMENDNMN T PLANNING & DEVELOPMENT SERVICES MUNICIPAL SERVICES BUILDING, 100 SOUTH MYRTLE AVENUE, 2°' FLOOR PHONE (727) 562-4567 FAX (727) 562-4576 APPLICANT, PROPERTY OWNERS, AND AGENT INFORMATION: APPLICANT NAME I KJ L?} L1,IA; L? C? _ G? Cz-ccl MAILING ADDRESS ?-T? ?,? ..?<'? rf??iu.;J j i 12F?I ?(.f_?'? (.?'?"? ???-- u PHONE NUMBER 1L7 - ?t ?? - l ?' , 7 s FAX N UMBER PROPERTY OWNERS NJ A-rA LS (List all owners) r' ?C R 13 T h5 AGENT NAME MAILING ADDRESS I ?? l '?%i .:<<_l CCU,: r\1 ji i? f f f ?.??.?lZ??/?T£? ?(`,??a- 2 `? PHONE NUMBER -7 2--7 - g-1 I - I G E- ? FAX NUMBER ~I Z-7 r q q4-.. SITE INFORMATION: OY ?, 1 .. law rl S C. ? . o d ?e ] rtt't 1 C ? ?C . 60 LOCATION . ,?r . w ?]M 15 L, x, e , . S. or k( STREET ADDRESS: 5 z- ViAi? I aW +• vJ a W A LEGAL DESCRIPTION: 7M C o5E7A A AC A-0) PARCEL NUMBER: .ZG 1- e-s h o ro ZO U $r.'?D W EXISTING ZONING: PROPOSED ZONING: LAND USE PLAN CLASSIFICATION: SIZE OF SITE: REASON FOR REQUEST: P L7h I, the undersigned, acknowledge that all representations made in this application are true and accurate to the best of my knowledge. W a operty v er r presentativ STATE OF FLORIDA, COUNTY OF PINELLAS , Swn to and ubscribed before me this 2..3 ! day of C St• } A.D., V 3ocil to me and/or by 3j-j-, ro,vn a- ,1 . jUklatz- , who is person.ajly known hU produced _ as identification. ., Notary public, L my commission expires: STATE OF FLORIDA 0. KAY PRUGH Comm. ;# CC 891666 Corn^?.?Ex^ G. 18, 2003 n G -Yt • Lk) 'X 6?rre en w a c?- ^-1L4td 1s' 01 7 / r . e:,41 Y\q ------------------------------------------------------- LAKWATER BEL LEVUE ' / CG I V R/OS z ? RI ---- 1 1 > 1 1 a I I I INSI 1 I : CG RM WOODLAWN ------- -- ..- '------------ ---------- ----- ------ o --- •-- a -_•-? __- --_ > - - ItS - - 1 1 1 1 1 ? 1 T rn t ' W --__ _ Z) 1 z 1 > VERNON ST R/OS ' : r ---- S 0 j --?-- --? - W Q 3 0 1 > 1 ' HOWARD 1 1 , : ---- -- --- --- --- ?- GG 1 1 / 1 , -- -. -- o T -- -- --•_ -_ __._ dC FU 1'n ---- - -1 ---- ---- - - - - 3 z a u M 1 1 1 1 • 1 a M Q - 0 0 to N - F- in 1 - 1 C C O N X to COUNTYWIDE I=UTURE LAND USE PLAN MAP OWNER: 11iiVoodlawn Church of God CASE: LUZ 01-0$-06 832 & 826 Woodlawn St. & 1517 Tilley. Ave. PROPERTY SIZE (ACRES): 7.96 SITE: 1520 Prospect Ave. PIN: 22/29/15; 00000/320/0800 PIN: 22/29/15/00000!320/0700 ZONING LAND USE PIN: 22/29/15/07938/003/0110 PIN: 22/29/15/00000/320/0200 MDR Residential Urban PIN: 22/29'/15/98941/000/2101 PIN: 22/29/15/98941/000/2201 FROM: Residential Medium PIN: 22/20/15/98941/000/2102 PIN: 22/29115/98941/000/2202 PIN: 22/29/15/9B941/000/2103 PIN: 22/29/15/98941/000/2203 TO: 1 Institutional PIN: 22/29/15/98941/00012104 PIN: 22/29/15/98941/000/2204 PIN: 22/29/15107938/003/0430 _ - - ATLAS PAGE: 314A a -- iu 1 ? RU ' FTG ml & 832 NORTH 1 " = 1320' Location Ma ? Woodlawn Church of God 826 WIbodla cvn St. & 1517 MeyA ;re. & 1520 Prospect A ve. LUZ 01-08-06 MAGNOLIA w DR ?I lj?w L? 2 QUa' LOTUS PATH LCJTUS ¢ PATH C?=?? w _ LOTUS PATH v LOTUS PATH b JEFFORDS 57 JEFFORDS z 0 F1 ?a?Kl_JW - U? > w GRAND CENTRAL W BARRY > Li > ¢ > J W Druid PI E ¢ >? a-= ova K N = w TUTU S? RICKER > PINELLASW Pndlae w < O ? !`SAS Z ff--M--IL TON > WATKINS 3 WA TKMS iU SKA WILLA Si Tust awato? a Li W F] ? -' a m 0 BROWNING ---? a n J CORBETT ST A ST C. R. 48g _"1 V W Q > > 0 ¢ ¢ a a > S' PROJECT z Lj Li V K ¢ jy LAKE SITE ? SOUTH ST 0 z z ? o 0 E71 DST a EASY > E ST EZ IICLENNAN O Sr ?, a QUEEN ST >- J W 114 G?! mo m Z <+ ¢ O ALMA r DELLEVIEW BLVD. z o a BELLEVUE BLVD O a 2 W WILDWOOD WAY w > > 0 W. dO oo W tr 0 a n WOODLAWN AVE WOODLAWN ST WOODLAWN STREET WOOOLAWN ST w ?G ROEBLIN RD y , P J W W Kl1ar1 G ROE_SLING ?Q 54.E a a a ¢ (<?DaPS ?v OARBROOK 9 k K ' 1'.?\$!I ? S t HOWARD STREET ST z J a EASTLEIG DR RYANT u o o CA ° W 0 ? w HOWARD ST o e? a 3 eA ' a ca (x BELLEAIR BARBARA CIR C? C.R. 464 SUNNY LA a WOR1? I ; z a a a > C l.J C 2 W CI: CARL AVE mSMITH BAYVIEW y DR HAWKINS s EI a L, u a (A 00 1 z ST m O SENECA W HALL p w y !v w = ¢ A PONCE DE LEON WYATT ST PONCE DE LEON o BLVD c o O o _ > o aN Cv mou URO u v c PATTERS U ]= Z3 z i STRA7E/ ,z NEW JERSEY O AUBURN ~ ST ?BUC 9 3 w i O? 4 I?UDSON ST ' w WINDSOR o NEW YORK v ? zz n BRACINTON? ST v w O ?_ J Li CHESTERFIELD, v r 16TH AVE JASFEk ST _ J 3REGI DR N EDMONTON DR O 3 AD y N N r 15TH AbE 'A `^ p } - t?t' CITY OF CLEARWATER, FLORIDA PUBLIC WORKS ADMINISTRATION ° `rte ?$?ENGINEERING - S,4 E PROPOSED ZONING AND LAND USE PLAN CLASSIFICATION OWNER: Woodlawn Church of God CASE: LUZ 01-08-06 SITE: 832 826 Woc?dlawn St. & 1517 Tilley Ave. PROPERTY SIZE (ACRES 7.97 & 1520 Prospect Ave. ZONING LAND USE PIN: 22129115100000/32010800 PIN: 22/29/15/000OQ/320/0700 PIN: 22/29/151079381003/0110 PIN: 22J29/15/00000/320/0200 FROM: MDR Residential Urban PIN: 22/29/15/98941/000/2101 PIN: 22/29/15/98941/000/2201 Residential Medium PIN: 22/29/15/98941/000/2102 PIN: 22/29/15/98941/000/2202 PIN: 22/29/15/98941/000/2103 PIN: 22/29/15/98941/000/2203 TO: 1 Institutional PIN: 22/29/15/98941/000/2104 PIN: 22/29/151989411000/2204 PIN: 22/29115/079381003/0430 ATLAS PAGE: 314A 4 0 4 7 ; 0 V 0 h 0 'o a` W EXISTING SURROUNDING USES OWNER: Woodlawn Church of God CASE: LUZ 01-08-06 SITE: 832 826 oodlswn St. 1517 Tilley Ave` PROPERTY SIZE (ACRES): 7.96 & 1520 Prospect Ave. ZONING LAND USE F /29/15/00000/320/0800 PIN: 22/29/16/00000/32010700 /29/15/07938/003/0110 PIN: 2., /29/15/00000/320/0200 MDR Residential Urban /29/15/98941/000/2 101 PIN: 22/29/15/98941/000/2201 FROM• Residential Modium /29/15/98941/00012102 PIN: 22/29/151989411000/2202 PIN: 22/29/15/98941/000/2103 PIN: 22/29/15198941/000/2263 O I T Institutional PIN: 22/29/16/9894,11000/2104 PIN: 22/29/15/98941/000/2204 ^ PIN: 22/29/15/07938/00- /0430 ATLAS PAGE: 314A iii Q/I 2nd Reading ORDINANCE NO. 6879-01 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, VACATING PARCEL B-1 (PORTIONS OF THE RIGHTS-OF-WAY OF EWING AVENUE AND PARK STREET) AND PARCEL B-2 (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 the City of Clearwater, has requested that the City vacate the right-of-way depicted in Exhibit A attached hereto; and WHEREAS, the City Commission finds that said right-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 A proved as to for ane C. Hayman Assistant City Attorney Brian J. Aungst Mayor-Commissioner Attest: Cynthia E. Goudeau City Clerk Ordinance No. 6879-01 I _7 Vacation Parcel B-1: Portions of the Rights-of-way of Ewing Avenue and Park Street. Begin at the Northwest comer 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°57'12"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 S00°20'23"E, 50.00 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 N00°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.) Ordinance No. 6879-01 LINE TABLE UNE 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 S00'20'23"E L12 6.00 S89'57'1 2-W L13 80.50 S00'20'23"E L14 30.00 S89'57'12"W L15 11.59 N89-57'1 2"E L16 68.48 N00'1 7'56"W tw s rrn t? n M EXHIBIT "A" This is not c survey Denotes Right Of Way To Be Vacated I i I I I I I I I ? a yt tsr w I YT r I IV n I W9 UP ( Ulf IS ' 1/R N ' Nt 0 I LA IS I v, I r z I I i I I N89' 7'12" I °o 488 52' , rn . o SPARK STREET ° S89'57' 12"W am - X58 95 Q P.O.B. TRACT •18-1 . i b.. u.. --" ' "I, oft W CORNER OF LOT 1, ' `? ?` PAL W WI F- BLOCK 3, MANQL A .. . r .PARK 1 " 1 ...... _..?..._ _..?.._.. t1 ? U . _. ?.. ? ._ Q Q i -..-.._....... .._.. _.._..,..T..-..Mr .tfm nwator sisrrmay _.. ?.._.._.._.. n to is ?W z CL ? . ° -, o L10 u a O ?? w i AT low 111111 IOfM ?• III lM 1 Wf • UP M tR • PIERCE STREET I PARCEL B-1 ?? MY OF CLEARWATER. FWRMA _ ..?, Scale: 1'=100' PUBLIC lifORKS ADMINISTRATION • - .. - .. ? ? . - .. - .. - .. - .. _ . . s I rCVRt 6 ENGINEERING REV 9/17/01 Ordinance No. 6879-01 Vacation Parcel B-2: Street. A? Portion of the Right-of-Way of Pierce 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.) Orditiance No. 6873-01 EXHIBIT "A" This is not o survey Denotes Right Of Way To Be Vacated yz? I CLEVELAND STREET a h S 9 I .w j ur. I _.A w a tw. i •?? taw R.. 1 rw t. {R tf IOr w ?.Lf ur a r,7+ ...? .. 11A D •? z , Ufa j I ter, I orr I tp. ?... I Ur. i UN7 I t,..a I i I I i I ! ur • i urn I Y I I I I I I I I ! "' „ r '&men" PAW a?'r I i 1 I .teat . i i I I ! a' I I I I ( i I I I ta39 I urn I uri. I UK 17 I twn I urn I tnw I w0 I tars I h ' ! I I I I I I I I PARK STREET ?t LKr 7 _..._.._..L.._.._.._...1.._.._.._..1.._.._.._.. K t w 2w w 0=0W mu Y 0 m1ayM pQ? UK t ur w I w F-- ._.._.._.._.._.._.._.... __.. _.._.._..._.._. . _..? > Q ur n ur, C Wrf i LM 1 V / . `J ..-.... .. ........ _.. ?. .. ......._. ....... _.. .. . _.. ? UN a ; Lp n PIERCE STREE tom. w _ j PARCEL f2 UK ' Scale: 1'=100' SEA CITY OF CLEARWATER, FLORIDA _ P.UBUC WORKS ADMINL3TRATION I ENCWEEIMG REV. 9/17/01 Ordinance No. 6879-01 s v - t ORDINANCE NO. 6877-01 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, VACATING THE 30-FOOT ROADWAY, DRAINAGE AND U'T'ILITY EASEMENT LYING ADJACENT TO THE SOUTH PROPERTY LINE OF M&B 22/01, AND THE 30-FOOT ROADWAY, DRAINAGE AND UTILITY EASEMENT LYING ADJACENT TO THE NORTH PROPERTY LINE OF M&B 22/21, SECTION 16, TOWNSHIP 29 SOUTH, RANGE 16 EAST, WHOSE POST OFFICE ADDRESS IS 110 NORTH MCMULLEN BOOTH ROAD; PROVIDING AN EFFECTIVE DATE. 2nd Reading WHEREAS, First Baptist Church of Clearwater, Inc., owner of real property located in the City of Clearwater, has requested that the City vacate the road, utility, drainage 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 Cityand 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 South 30 feet of the N 3/4 of the N '/2 of the NW Y4 of Section 16, Township 29 South, Range 16 East, and the North 30 feet of the East 669.05 feet of the S '/4 of the N '/z of the NW Y4 of the NW '/4 of Section 16, Township 29 South, Range 16 East, all as specifically set forth in that certain "Dedication of Easement" recorded in O.R. Book Z408, Pages 74 and 75, 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. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Approved as to form: ane C. Hayman Assistant City Attorney November 1, 2001 Brian J. Aungst Mayor-Commissioner Cynthia E. Goudeau City Clerk Ordinance No. 6877-01 Attest: EXHIBIT "A" Sca/e 1 200' This is not a survey DREW STREET ] O ?o Do 0 Do ?o ?o 00 ?!<g I w LJ D Pet Walk \ Area 7 ? 1 m 51 S3 I 1 cJ ! __-_ I I - I I I I I I 1 ( 1 I s' Er? uta F I 3 4 _ I 11m ?6 Qua ?0 O d' O -q- 1 } . I r?10'O& Ut1. 5'9'78-1719 ? ? ? ¢ Ov t I 15' Util. Ease. 5096-348. 22/14 i 22/01 Easement Vccotion Requested By App/icon t ht t y till E em t 2 --- o O.. er intl. APE 3 E 4° ' Ne I 5' Or. dr utf; W Eose. I a. 'AKE STREET W Z U VIRGINIA VEI UE 1 2 3 5 Rat. 15' U 0 - - Q O F- O O CHESAPEAKE m 22/21 z PARK nr Aire ??rn C-r CITY OF CLEARWATER, FLORIDA PUBLIC WORKS ADMINISTRATION ENGINEERING DMING VACATION REQUEST V AC2001-24 arccNCx By FIRST BAPTIST CHURCH Kcr S.O. OF CLEARWATER z OF e WE xcr-rrrr-*4 10/04/2001 RIGHT OF WAY & UTILITY 16-29S-16E 2-- EASEMENT 58 i 01 ORDINANCE NO. 6880-01 2nd Reading AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, VACATING 10-FOOT ALLEY LYING ADJACENT TO THE EAST PROPERTY LINES OF LOTS 9 THROUGH 13, INCLUSIVE, BLOCK 2, J.H. ROUSE'S SUBDIVISION; PROVIDING AN EFFECTIVE DATE. WHEREAS, Howard R. Jimmie, 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 east property lines of Lots 9 through 13, inclusive, Block 2, J.H. Rouse's Subdivision, as recorded in Plat Book 4, Page 90, Official Records of Hillsborough County, Florida of which Pinellas County was formerly a part 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 November 13 2001 PASSED ON SECOND AND FINAL READING AND ADOPTED Approved as to form: /1111 fs ne C. Hay an sistant City Attorney Brian J. Aungst Mayor-Commissioner Attest: Cynthia E. Goudeau City Clerk Ordinance No. 6880-00 EXHIBIT "A„ scale 1 "' = 100' This is not a survey ? L-7 O j 3 4 2 SEMINOLE 8 5 D 6 Alley 111ccction Reque ted ELDRIDGE 24 1 25 23 26 2 L L 27 S 1 28 n n 4 5 STREET 9 10 12 13 STREET w > 37 v 38 a Q3 iv 1? 16 15 g00 / L 9 J ?r Q 20 Q W 48 47 CITY OF CLEARWATER, FLORIDA PUBLIC WORKS ADMINISTRATION ENGINEERING KINC O VACATION REQUEST VA C2001-22 . CKOQw By HOWARD JIMMIE - *at S.O. 10' ALLEY IN BLOCK T 2 OF a - r acct-"-wo au a 10/01/2001 J. H. ROUSE SUBDIVISION 09-20S-15E 2778 PLAT BOOK H4 PAGE 90 aea00? fw1t I 2nd Reading A ORDINANCE NO. 6881-01 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, VACATING THE NORTH 17 FEET OF THE 27- FOOT DRAINAGE AND UTILITY EASEMENT LYING ADJACENT TO THE SOUTH PROPERTY LINE OF LOT 27, WALDEN WOODS SUBDIVISION, LESS THE WEST TEN FEET AND THE EASTTEN FEET THEREOF; PROVIDING AN EFFECTIVE DATE. WHEREAS, Janelle V. O'Hyrn, owner of real property located in the City of Clearwater, has requested that the City vacate the drainage and 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: North 17 feet of the 27-foot drainage and utility easement lying adjacent to the South property line of Lot 27, Walden Woods Subdivision, as recorded in Plat Book 70, Page 49, Public Records of Pinellas County, Florida, less the West 10 feet and the East 10 feet thereof 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 November 1, 2001 proved as to form: ne C. Hayman U ,sistant City Attorney Brian J. Aungst Mayor-Commissioner Attest: Cynthia E. Goudeau City Clerk Ordinance No. 6881-01 EXHIBIT "A" scole > 50' This is not c survey Vccctl'on Requested By App/icon t 30' Dr. Util. Esmt. 7 II ?I I? ? vl DWI ?c:I 10 rn -JIL- AL?E? 28 Id J ILnW F 5'Dr & U til I -,/Eases 29 L ,Olt ll?$ 30 0'Dr 10' Sidewalk&Util Ease HUNTINGTON LANE tf7 ? E w (A? E °D cn L, . 27 o D? 0 171 d'o OR4251 n o P 154 - 270r. U til. Esm t. 5'Dr & Util Esmts. 26 no 10' Dr.Util. Esmt. OR 11049-2684 25 N9 13 Dr. Util. Esmt. 6 CITY OF CLEARWATER, FLORIDA PUBLIC WORKS ADMINISTRATION ENGINEERING p*,N? VACATION REQUEST VA°C2001_23 \ oc«m fly O?HYRN a,nr \ a 1549 HUNTINGTON LANE sr-r 01 04 10/03/2001 WALDEN WOODS LOT 27 02-29S-15E ° iii. PLAT BOOK 70 PAGE 49 a0m'cmie, Al I* m a IT'EM.# 25 kjep?l 40 C: r ?i 2nd Reading ORDINANCE NO. 6915-01 AN ORDINANCE PROVIDING FOR WATER AND SEWER REVENUE BONDS, SERIES [TO BE DETERNIINED] OF THE CITY OF CLEARWATER, FLORIDA, TO BE ISSUED IN ONE OR MORE SERIES OVER ONE OR MORE YEARS; TO FINANCE OR REFINANCE THE COST OF DESIGN, ACQUISITION, CONSTRUCTION OR RECONSTRUCTION OF IMPROVEMENTS TO THE CITY'S WATER AND SEWER SYSTEM; PROVIDING FOR THE PAYMENT OF THE BONDS FROM THE NET REVENUES OF THE CITY'S WATER AND SEWER SYSTEM AND CERTAIN OTHER MONEYS PLEDGED THEREFOR; PROVIDING FOR THE RIGHTS OF THE HOLDERS OF SUCH BONDS; AMENDING ORDINANCE NO. 3674-84, ORDINANCE NO. 5355-93 AND ORDINANCE NO. 6311-98; WHICH AUTHORIZED THE PARITY BONDS TO ALLOW DELIVERY OF ADDITIONAL BONDS PARITY CERTIFICATE BY FINANCIAL SERVICES ADMINISTRATOR; MAKING CERTAIN OTHER COVENANTS AND AGREEMENTS IN CONNECTION THEREWITH; PROVIDING CERTAIN OTHER MATTERS IN CONNECTION THEREWITH; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: SECTION 1. AUTHORITY FOR THIS ORDINANCE. This Ordinance is enacted pursuant to Chapter 166, Part II, Florida Statutes, and other applicable provisions of law and pursuant to Section 16R of Ordinance No. 3674-84, as amended and supplemented (the "Original Ordinance") and is supplemental to the Original Ordinance. SECTION 2. DEFINITIONS. The following terms shall have the following meanings herein, unless the text otherwise expressly requires. Words importing singular number shall include the plural number in each case and vice versa, and words importing persons shall include firms and corporations. "Accreted Value" shall mean, as of any date of computation with respect to any Capital Appreciation Bond, an amount equal to the principal amount of such Capital Appreciation Bond (the principal mount at its initial offering) plus the interest accrued on such Capital Appreciation Bond from the date of delivery to the original purchasers thereof to the Interest Payment Date nest preceding the date of computation or the date of computation if an Interest Payment Date, such interest to accrue at a rate not exceeding the legal rate, compounded semi-annually, plus, with respect to matters related to the payment upon redemption or acceleration of the Capital Ordinance No. 6915-01 Appreciation Bonds, if such date of computation shall not be an Interest Payment Date, a portion of the difference between the Accreted Value as of the immediately preceding Interest Payment Date and the Accreted Value as of the immediately succeeding Interest Pavment Date, calculated based on the assumption that Accreted Value accrues during any semi-annual period in equal daily amounts oil the basis of a X60 day year consisting of 12 months of 30 days each. ":k ct" shall mean Chapter 166, Part II, Florida Statutes, and other applicable provisions, of law. "Additional Bonds" shall mean Bonds issued in compliance with the terms, conditions and limitations contained herein and in Section 16R of the Original Ordinance, which (i) shall have a lien on the Pledged Revenues equal to that of the Bonds, (ii) shall be payable from the Pledged Revenues on a parity with the Bonds, and (iii) rank equally in all other respects with the Bonds. "Amortization Installments" with respect to any Term Bonds of a Series, shall mean an amount or amounts so designated which is or are established for the Term Bonds of such Series by subsequent resolution of the Issuer and established with respect to such Term Bonds, provided that (i) each such installment shall be deemed to be due on such interest or principal maturity date of each applicable year as is fixed by subsequent resolution of the Issuer and shall be a multiple of $5,000 principal amount (or $5,000 Maturity Amount, in the case of Capital Appreciation Term Bonds), and (ii) the aggregate of such installments for such series shall equal the aggregate principal amount (or Maturity Amount, in the cast; of Capital Appreciation Term Bonds) of Term Bonds of such Series authenticated and delivered on original issuance. "Authorized Investments" shall mean, with respect to a Series of Bonds, any of the following if and to the extent the same are at the tithe legal for investment of municipal funds: (1) Bonds or other obligations which as to principal and interest constitute direct. obligations of, or are unconditionally guaranteed by, the United States of America, including any of the federal agencies and federally sponsored entities set forth in clause (3) hereinafter to the extent guaranteed by the United States of America. In the event these securities are used for defeasance, they shall be non-callable and non-prepayable; (2) Obligations of any of the following federal agencies or federally sponsored entities which obligations represent the full faith and credit (guaranteed obligations) of the United States of America, in the event these securities are used for defeasance, they shall be non- callable and non-prepayable, (including but not limited to) the following: a. Export-Import Bank; b. Farm Credit System Financial Assistance Corporation; C. Rural Economic Community Development Administration (formerly the Farmers Home Administration); d. General Services Administration; e. U.S. Maritime Administration; 1) Ordinance No. 6915-01 f. Small Business Administration; g. Government National Mortgage Association (GNMA); h. U.S. Department of Housing & Urban Development (PHA's); i. Federal Housing Administration; and j. Federal Financing Bank (3) Direct obligations of any of the following federal agencies or federally sponsored entities which are not frilly guaranteed by the full faith and credit of the United States of America, in the event these securities are used for defeasance, thev shall be non-callable and non- prepayable: a. Federal National Mortgage Association (FNMA); b. Federal Home Loan Mortgage Corporation (FHLMC); C. Resolution Funding Corporation (REFCORP); d. Student Loan Marketing Association (SLMA); e. Federal Home Loan Bank Systems (FHLB); and f. Obligations of other Government Sponsored Agencies (approved by the Insurer). The following obligations may be used as Permitted Investments for all purposes other than defeasance investments in refunding escrow accounts. (4) Commercial paper which is rated at the time of purchase in the highest classification (without regard to qualifier), "A-1" by S&P and "P-1" by Moody's and which matures not more than 270 days after the date of purchase. (5) Investment agreements the provider of which is rated in one of the two highest rating categories, without regard to qualifiers, by two Rating Agencies under which the provider agrees to periodically deliver, on a delivery versus payment basis, such securities as are described in clauses (1-4) above. (6) Investment agreements the provider of which is rated in one of the two highest rating categories, without regard to qualifiers, by two Rating Agencies and which are continuously and fully secured by such securities as are described in clauses (1-3) above, which securities shall have a market value at all times at least equal to 102% of the principal amount invested under the investment agreement (marked to market at least weekly). (7) The pooled investment program of the State of Florida administered by the State Board of Administration, known as the Local Government Surplus Funds Trust Fund, established pursuant to Chapter 218, Part IV, Florida Statutes, as amended. (8) Other forms of investments (including repurchase agreements) approved in writing by the Bond Insurer with notice to Standard & Poor's. 3 Ordinance No. 6915-01 With respect to any Series of Bonds issued hereunder, such additional investments as are approved by subsequent resolution of the Issuer adopted prior to the issuance of such Series of Bonds. "Bond Insurance Policy" shall mean the municipal bond new issue insurance policy issued by a Bond Insurer that guarantees payment of principal of and interest on the Bonds or any Additional Parity Bonds. "Bond Insurer" shall mean the provider of a Bond Insurance Policy for a Series of Bonds so designated in a supplemental resolution of the Issuer. "Bondholder" shall mean a registered owner of a Bond as shown on the registration books of the Registrar. "Bond Service Requirement" for any Fiscal Year, as applied to the Bonds of any series, shall mean the sum of: (1) the amount required to pay the interest becoming due on the Bonds of such series during the Fiscal Year, except to the extent that such interest shall have been provided by payments into the Sinking Fund out of bond proceeds for a specific period of time or by payments of investment income into the Sinking Fund from the Bond Service Account or any subaccounts therein. Whenever such income is applied in calculating a Bond Service Requirement for any purpose, such income shall also be excluded in the computation of Gross Revenues for such purpose. (2) the amount required to pay the principal of Serial Bonds of such series maturing in such Fiscal Year. (3) the Amortization Installments for Term Bonds of such series for such Fiscal Year. (4) in the event the Issuer has purchased or entered into an agreement to purchase Federal Securities or Authorized Investments from moneys in the Bond Service Account, then the income received or to be received on such Federal Securities or Authorized Investments from the date of acquisition thereof to the date of maturity thereof, unless otherwise designated for other purposes, shall be taken into consideration in calculating the payments which will be required to be made into the Sinking Fund and the Bond Service Account therein. Whenever such income is applied in calculating a Bond Service Requirement for any purpose, such income shall also be excluded in the computation of Gross Revenues for such purpose. "Bonds" shall mean the Parity Bonds, Series 2001 Bonds, and any Additional Bonds permitted to be issued hereunder from time to time in accordance with the provisions hereof. 4 Ordinance: No. 6915-01 "Capital Appreciation Bonds" shall mean Bonds the interest on which is payable only at maturity or redemption, as determined by subsequent resolution. "Capital Appreciation Term Bonds" shall mean Capital Appreciation Bonds of a series all of «,hich shall be stated to mature on one date, which shall be subject to retirement by operation of the Bond Amortization Account, and the interest on which is payable only at maturity or redemption. "City Manager" shall mean the City Manager of the Issuer. "Clerk" shall mean the City Clerk of the Issuer. "Consulting Engineers" shall mean such qualified and recognized consulting engineers, having a favorable repute for skill and experience in the construction and operation of such facilities as the Svstem, at the time retained by the Issuer to perform the acts and carry out the duties as herein provided for Consulting Engineers. "Cost of Operation and Maintenance" of the System shall mean the current expenses, paid or accrued, of operation, maintenance and repair of the System as calculated in accordance with sound accounting practice, but shall not include any reserves for renewals and replacements, for extraordinary repairs or any allowance for depreciation or amortization. "County" shall mean Pinellas County, Florida, a political subdivision of the State. "Federal Securities" shall mean only direct obligations of, or obligations fully guaranteed as to principal and interest by, the United States of America. "Finance Director" shall mean the Financial Services Administrator of the Issuer or her designee. "Fiscal Year" shall mean the period commencing on October I of each year and ending on the succeeding September 30, or such other period as is at the time prescribed by law. "Gross Revenues" shall mean all income or earnings, including any income from the investment of funds as herein provided, derived by the Issuer from the operation of the System. "Increased Capacity Requirements" means any increased demand upon or usage of the capital facilities of the System resulting from additional connections thereto, or from substantial changes to or in the use of properties connected thereto. "Issuer" or the "City" shall mean the City of Clearwater, Florida. "Maturity Amount" means the amount payable upon the stated maturity of a Capital Appreciation Bond equal to the original principal amount thereof plus all accrued interest thereon from the date of issue to the date of maturity. 5 Ordinancc No. 6915-01 -W' "Maximum Bond Service Requirement" shall mean, as of any particular date of calculation, the greatest amount of aggregate Bond Service Requirement for the then current or any future Fiscal Year. "Mayor-Commissioner" shall mean the Mayor-Commissioner or the Vice Mayor of the City Commission of the Issuer, or such other person as may be duly authorized by the Mayor- Commissioner to act on his or her behalf. "Net Revenues" of the System shall mean the Gross Revenues after deduction of the Cost of Operation and Maintenance. "Original Ordinance" shall mean Ordinance No. 3674-54, as amended and supplemented, of the Issuer, authorizing the Parity Bonds. "Parity Bonds" shall mean the Issuer's outstanding Water and Sewer Refunding Revenue Bonds, Series 1993 and Water and Sewer Refunding Revenue Bonds, Series 1995. "Paving Agent" shall mean any paying agent for Bonds appointed by or pursuant to a supplemental resolution and its successors or assigns, and any other Person which may at any time be substituted in its place pursuant to a supplemental resolution. "Payment Date" shall mean, with respect to payment to the Bondholders of principal or interest on the Bonds, or with respect to the mandatory amortization of Term Bonds, the date upon which payment of such principal, interest or Amortization Installment is required to be made to the Paying Agent. "Person" shall mean an individual, a corporation, a partnership, an association, a joint stock company, a trust, any unincorporated organization or governmental entity. "Pledged Revenues" shall mean the Net Revenues. "Project Costs" shall inean all costs authorized to be paid from the Construction Fund pursuant to Section 17 hereof to the extent permitted under the laws of the State. It is intended that this definition be broadly construed to encompass all costs, expenses and liabilities of the Issuer related to the Project which on the date of this Ordinance or in the future shall be permitted to be funded with the proceeds of any Series of Bonds pursuant to the laws of the State. "Projects" shall mean the design, acquisition, construction or reconstruction of capital improvements to the System undertaken by the City from time to time, all as may be designated by subsequent resolution of the Issuer adopted with respect to any Series of Bonds. "Put Bonds" shall mean the Term Bonds so designated by resolution or ordinance of the Issuer at or prior to the time the Bonds of any series are sold. 6 Ordinance No. 6915-01 W "Registrar" shall mean any registrar for the Bonds appointed by or pursuant to supplemental resolution and its successors and assigns, and any other Person which may at any time be substituted in its place pursuant to supplemental. resolution. "Reserve Requirement" shall be such amount as determined by subsequent Resolution of the Issuer relating; to a specific Series of Bonds adopted prior to the. issuance of such Bonds. which may not exceed the lesser of (i) the ivlaximum Bond Service Requirement. (ii) 125% of the average annual Bond Service Requirement or (iii) the largest amount as shall not adversely affect the exclusion of interest on the Bonds from `rocs income for Federal income tax purposes. "Serial Bonds" shall mean any Bonds for the payment of the principal of which, at the maturity thereof, no Amortization Installments are required to be made prior to the stated date of maturity of such Serial Bonds. "Series" or "Series of Bonds" or "Bonds of a Series" shall mean all Bonds designated as being of the same Series issued and delivered on original issuance in a simultaneous transaction, and any Bonds thereafter delivered in lieu thereof or in Substitution therefor pursuant to this Ordinance. "System" shall mean the complete combined and consolidated water system and sanitary sewer system of the Issuer now owned by the Issuer, or hereafter constructed or acquired by the Issuer, together with all lands or interests therein, including plants, buildings, machinery, franchises, pipes, mains, fixtures, equipment and all property, real or personal, tangible or intangible, now or hereafter owned or used in connection therewith, and including any undivided or partial ownership interests therein. "Term Bonds" shall mean the Bonds of a series all of which shall be stated to mature on one date and. which shall be subject to retirement by operation of the Bond Amortization Account. "2001 Bonds" shall mean the Series of Bonds initially issued under this Ordinance .and designated as Series 2001 Bonds. "2001 Project" shall mean the Project or Projects authorized to be financed with the proceeds of the Series 2001 Bonds as identified by subsequent resolution of the Issuer adopted prior to the issuance of the Series 2001 Bonds, consisting of design, acquisition, constriction or reconstruction of capital improvements to the System undertaken by the City from time to time, a portion of the cost of which are to be paid from the proceeds of the Series 2001 Bonds SECTION 3. FINDINGS. It is hereby ascertained, determined and declared that: A. The Issuer now owns, operates and maintains the System and is empowered to inaintain, operate, improve and extend such system and regulate and fix reasonable rates and charges for the services furnished thereby. 7 Ordinance No. 6915-01 b B. The Issuer derives Gross Revenues from rates, fees and charges made and collected for the services and facilities of the System supplying water and sanitary sewerage services and the Gross Revenues are not pledged or encumbered in any manner, except for payment of the Parity Bonds. C. Any Series of Bonds and the project to be funded with the proceeds of such Series of Bonds, shall be issued and such projects shall be undertaken upon approval by subsequent resolution of the Issuer as provided by law. The proceeds of any Series of Bonds shall be applied as provided in a supplemental ordinance or resolution. D. Section 16R of the Original Ordinance provides f'or the issuance of Additional Bonds under the terms, limitations and conditions provided therein. E. The Issuer has complied, or will comply prior to the delivery of the Bonds, with all the terms, conditions and restrictions contained in Section 16R of the Original Ordinance. The Issuer is therefore legally entitled to issue the Bonds as Additional Bonds within the authorization contained in the Original Ordinance and the covenants in the Original Ordinance shall apply to the Bonds. F. The Bonds herein authorized shall be on a parity and rani: equally, as to lien on and source and security for payment from the Pledged Revenues and in all other respects, with the Parity Bonds. G. The estimated Pledged Revenues will be sufficient to pay all of the principal of and interest on the Bonds, as the same become due, and to make all required sinking fund, reserve and other payments required under this Ordinance and the Original Ordinance. H. The principal of and interest on the Bonds and all required sinking fund, reserve- and other payments shall be made solely from the Pledged Revenues as herein provided. The Issuer shall never be required to levy ad valorem taxes on any property therein to pay the principal of and interest on the Bonds or to make any of the required sinking fund, reserve or other payments, and any failure to pay the Bonds shall not give rise to a lien upon any property of or in the Issuer, except the Pledged Revenues. 1. The total indebtedness of the Issuer, within the meaning of the Issuer's charter, does not exceed twenty per centum (2.0%) of the current assessed valuation of all real property located in the Issuer, and will not exceed such amount after issuance of the Bonds. SECTION 4. AUTHORIZATION OF SERIES 2001 BONDS. There is hereby authorized the issuance of the initial Series of Bonds hereunder to be designated the Series 2001 Bonds, in a principal amount of not to exceed $62,000,000, subject to such terms and conditions as set forth herein and in subsequent Resolutions of the Issuer adopted prior to the issuance of the 2001 Bonds. The proceeds of which shall be used to pay the costs of capital improvements to the System, the costs of issuing the 2001 Bonds, including any municipal bond insurance, and to fund a debt service reserve fund. 8 Ordinance No. 6915.01 SECTION S. ORDINANCE TO CONSTITUTE CONTRACT. In consideration of the acceptance of the Bonds by the Bondholders from time to time, this Ordinance shall be deemed to be and shall constitute a contract bet%veen the Issuer and such Bondholders. The covenants and agreements herein set forth to be performed by the Issuer shall be for the equal benefit. protection and security of the legal Bondholders of any and all of such Bonds, all of which shall be of equal rank and without preference, priority or distinction of any of the Bonds over any other thereof, except as expressly provided therein and herein. SECTION 6. AUTHORIZATION OF BONDS. Subject and pursuant to the provisions hereof and as shall be described in subsequent resolutions of the Issuer to be adopted prior to the issuance of any Series of Bonds, obligations of the Issuer to be known as "Water and Sewer [Refunding] Revenue Bonds, Series [To Be Determined]" are.authorized to be issued in one or more series (including Additional Bonds) from time to time. The aggregate principal amount of the Bonds which may be executed and delivered under this Ordinance is not limited except as is or may hereafter be provided in Section 17T hereof or as limited by the Act, by law or Section 16R of the Original Ordinance. SECTION 7. DESCRIPTION OF BONDS. The Bonds shall be issued in fully registered form; may be Capital Appreciation Bonds, Capital Appreciation Term Bonds, Variable Rate Bonds, Serial Bonds or Term Bonds; shall be dated; shall be numbered consecutively from one upward in order of maturity preceded by the letter "R"; shall be in the denomination of $5,000 each, or integral multiples thereof for the Serial Bonds and in $5,000 Maturity Amounts for the-Capital Appreciation Bonds or in $5,000 multiples thereof, or such other denominations as shall be approved by the Issuer in a supplemental resolution prior to the delivery of a Series of Bonds; shall have such Paying Agent and Registrar; shall bear interest at such rate or rates not exceeding the maximum rate allowed by State law, the actual rate or rates to be approved by the governing body of the Issuer prior to or upon the sale of the Bonds; such interest to be payable at such times as are fixed by supplemental resolution of the Issuer and shall mature annually on such date in such years and in such amounts as will be fixed by supplemental resolution of the Issuer prior to or upon the sale of any series of Bonds; and may be issued with variable, adjustable, convertible or other rates with original issue discounts and/or original issue premium; all as the Issuer shall provide herein or hereafter by supplemental. resolution. Each Series of Bond shall bear interest from the interest payment date next preceding the date on which it is authenticated, unless authenticated on an interest payment date, in which case it shall bear interest from such interest payment date, or, unless authenticated prior to the first interest payment date, in which case it shall bear interest from its date; provided, however, that if at the time of authentication payment of any interest which is due and payable has not been made, such Series of Bond shall bear interest from the date to which interest shall have been paid. The Capital Appreciation Bonds shall bear interest only at maturity or upon redemption prior to maturity in the amount determined by reference to the Accreted Value of such Bonds. 9 Ordinance No. 6915-01 The principal of and the interest redemption premium, if any, oil the Bonds shall be payable in any coin or currency of tile United States of America which on the respective dates of payment thereof is legal tender for the payment of public and private debts. The interest on any Bonds (other than Capital Appreciation Bonds) shall be parable by the Paying Agent on each interest payment date to the person appearing on the registration books of the Issuer hereinafter provided for as the reggistered Holder thereof. by cheer: or draft mailed to such registered Holder at his address as it appears on such registration books or by wire transfer to Holders of $1,000,000 or more in principal amount of the Bonds. Payment of the principal of all Bonds and the Accreted Value Nvith respect to the Capital Appreciation Bonds shall be made upon the presentation and surrender of such Bonds as the same shall become due and payable. Notwithstanding any other provisions of this section, the Issuer may, at its option. prior to the date of issuance of any Series of Bonds, elect to use an immobilization system or pure book- entry system with respect to issuance of such Series of Bonds, provided adequate records will be kept with respect to the ownership of such Series of Bonds issued in boot:-entry form or the beneficial ownership of bonds issued in the name of a nominee. As long as any Bonds are outstanding in book-entry form the provisions of this Ordinance inconsistent with such system of book-entry registration shall not be applicable to such Bonds. The details of any alternative system of issuance, as described in this paragraph, shall be set forth in a resolution of the Issuer duly adopted at or prior to the sale of such Series of Bonds. SECTION 8. EXECUTION OF BONDS. The Bonds shall be executed in the name of the Issuer by the Mayor-Commissioner and City ;/tanager and attested by the City Clerk, and approved as to form, sufficiency and correctness by the City Attorney, either manually or with his or her facsimile signature, and the official seal of the Issuer or a facsimile thereof shall be affixed thereto or reproduced thereon. The facsimile signature of such officers may be imprinted or reproduced on the Bonds. The Certificate of Authentication of the Bond Registrar shall appear on the Bonds, and no bond shall be valid or obligatory for any purpose or be entitled to any security or benefit under this Ordinance unless such. certificate shall have been duly executed on such Bond. The authorized signature for the Bond Registrar shall be either manual or facsimile; provided, however, that at least one of the signatures appearing on the Bonds shall at all times be a manual signature. In case any officer whose signature shall appear on any Bonds shall cease to be such officer before the delivery of such Bonds, such signature or facsimile shall nevertheless be valid and sufficient for all purposes the same as if 11e had remained in office until such delivery. Any Bond may be signed and sealed on. behalf of the Issuer by such person who at the actual time of the execution of such Bonds shall hold the proper office with the Issuer, although at the date of enactment of this Ordinance such person may not have held such office or may not have been so authorized. SECTION 9. AUTHENTICATION OF BONDS. Only such of t11e Bonds as shall have endorsed thereon a certificate of authentication substantially in the form hereiribelow set forth, duly executed by the Registrar, as authenticating agent, shall be entitled to any benefit or security under this Ordinance. No Bond shall be valid or obligatory for any purpose unless and until such certificate of authentication. shall have been duly executed by the Registrar, and such certificate of the Registrar upon any such Bond shall be conclusive evidence that such Bond has been duly authenticated and delivered under this Ordinance. The Registrar's certificate of 10 Ordinance No. 6915-01 authentication on any Bond shall be deemed to have been duly executed if signed by an authorized officer of the Registrar, but it shall not be necessary that the same officer sign the certificate of authentication of all of the Bonds that may be issued hereunder at any one time. SECTION 10. NEGOTIABILI'T'Y. Subject to the provisions hereof respecting registration and transfer. the Bonds shall be and shall have all the qualities and incidents of negotiable instruments under the laws of the State of Florida, and each successive holder, in accepting any of the Bonds, shall be conclusively deemed to have agreed that the Bonds shall be and have all of such qualities and incidents of negotiable instruments under the Uniform Commercial Code - Investment Securities of the State of Florida. SECTION 11. REGISTRATION, EXCHANGE AND TRANSFER. There shall be a Bond Registrar for the Bonds which may be the Issuer or a designated bank or trust company located within or without the State of Florida. The Bond Registrar shall maintain the registration books of the Issuer and be responsible for the transfer and exchange of the Bonds. The Issuer shall, prior to the proposed date of delivery of the Bonds, by resolution designate the Bond Registrar and Paying Agent. The Bond Registrar shall maintain the books for the registration of the transfer and exchange of the Bonds in compliance with the Florida RegTistered Public Obligations Act and the system of registration as established by the Issuer pursuant thereto. Bonds may be transferred upon the registration books, upon delivery to the Registrar, together with written instructions as to the details of the transfer of such Bonds, along with the social security number or federal employer identification number of such transferee and, if such transferee is a trust, the name and social security or federal employer identification numbers of the settlor and beneficiaries of the trust, the date of the trust and the name of the trustee. No transfer of any Bond shall be effective until entered on the registration books maintained by the Bond Registrar. Upon surrender for transfer or exchange of any Bond, the Issuer shall execute and the Bond Registrar shall authenticate and deliver in the name of the registered owner or the transferee or transferees, as the case may be, a new fully registered Bond or Bonds of authorized denominations of the same maturity and interest rate for the aggregate principal amount which the registered owner is entitled to receive at the earliest practicable time in accordance with the provisions of this Ordinance. The Issuer or the Bond Registrar may charge the owner of such Bond for every such transfer or exchange an amount sufficient to reimburse them for their reasonable fees and for any tax, fee, or other governmental charge required to be paid with respect to such transfer, and may require that such charge be paid before any such new Bond shall be delivered. . All Bonds presented for transfer, exchange, redemption or payment (if so required by the Bond Registrar), shall be accompanied by a written instrument or instruments of transfer or authorization for exchange, in form and with guaranty of signature satisfactory to the Bond Registrar, duly executed by the registered holder or by his duly authorized attorney in fact or legal representative. Ordinance No. 5915-01 MR All Bonds delivered upon transfer or exchange shall bear interest from the preceding interest payment date so that neither gain nor loss in interest shall result from the transfer or exchange. New Bonds delivered upon any transfer or exchange shall be valid obligations of the Issuer, evidencing the same debt as the Bond surrendered, shall be secured by this Ordinance and shall be entitled to all of the security and the benefits hereof to the same extent as the Bonds surrendered. The Issuer and the Bond Registrar may treat the registered owner of any Bond as the absolute owner thereof for all purposes, whether or not such Bonds shall be overdue, and shall not be bound by any notice to the contrary. Notwithstanding the foregoing provisions of this section, the Issuer reserves the right, on or prior to the delivery of the Bonds to amend or modify the foregoing provisions relating to the registration of the Bonds by resolution or ordinance in order to comply with all applicable laws, rules, and regulations of the United States and/or the State of Florida relating thereto. In addition, pursuant to a resolution adopted prior to the issuance of a Series of Bonds, the Issuer may establish a book-entry-only system of registration for such Series Bonds, the provisions of which shall be deemed to modify any inconsistent provisions of this Ordinance. SECTION 12. BONDS MUTILATED, DESTROYED, STOLEN OR LOST. In case any Bond shall become mutilated, or be destroyed, stolen or lost, the Issuer may in its discretion issue and deliver a new Bond of like tenor as the Bond so mutilated, destroyed, stolen or lost, in exchange and substitution for such mutilated Bond upon surrender and cancellation of such mutilated Bond or in lieu of and substitution for the Bond destroyed, stolen or lost, and upon the holder furnishing the Issuer proof of his ownership thereof and satisfactory indemnity and complying with such other reasonable regulations and conditions as the Issuer may prescribe and paying such expenses as the Issuer may incur. All Bonds so surrendered shall be canceled by the Registrar for the Bonds. If any of the Bonds shall have matured or be about to mature, instead of issuing a substitute Bond, the Issuer may pay the same, upon being indemnified as aforesaid, and if such Bonds be lost, stolen or destroyed, without surrender thereof. Any such duplicate Bonds issued pursuant to this section shall constitute original, additional contractual obligations on the part of the Issuer whether or not the lost, stolen or destroyed Bonds be at any time found by anyone, and such duplicate Bonds shall be entitled to equal and proportionate benefits and rights as to lien on the source and security for payment from the fiends, as hereinafter pledged, to the same extent as all other Bonds issued hereunder. SECTION 13. PROVISIONS FOR REDEMPTION. Each Series of Bonds shall be redeemable as provided by subsequent resolution of the Issuer applicable to each such Series of Bonds. Bonds in denominations greater than an authorized denomination (or authorized Maturity Amount in the case of Capital Appreciation Bonds) shall be deemed to be an equivalent number of Bonds in the denomination of an authorized denomination or Maturity Amount. If a Bond is of a denomination or Maturity Amount larger than an authorized denomination or Maturity 12 Ordinance No. 6915-01 Amount, a portion of such Bond may be redeemed, in the amount of an authorized denomination or Maturity Amount or integral multiples thereof. Notice of such redemption, identifying the Bonds or portions thereof called for redemption (i) shall be tiled with the paying agents and any Registrar; and (ii) shall be mailed by the Registrar, first-class mail, postage prepaid, to all registered owners of the Bonds to be redeemed not more than sixty (60) days and not less than thirty (30) days prior to the date fixed for redemption at their addresses as they appear on the registration books to be maintained in accordance with the provisions hereof. Failure to give such notice by mailing to any owner of Bonds, or any defect therein, shall not affect the validity of any proceeding for the redemption of other Bonds. Notice having been mailed and filed in the manner and under the conditions hereinabove provided, the Bonds or portions of Bonds so called for redemption shall, on the redemption date designated in such notice, become and be due and payable at the redemption price provided for redemption of such Bonds or portions of Bonds on such elate. On the date so designated for redemption, notice having been mailed and filed and moneys for payment of the redemption price being held in separate accounts in trust for the holders of the Bonds or portions thereof to be redeemed, all as provided in this Ordinance, interest on the Bonds or portions of Bonds so called for redemption shall cease to accrue, such Bonds and portions of Bonds shall cease to be entitled to any lien, benefit or security under this Ordinance, and the holders or Registered Owners of such Bonds or portions of Bonds, shall have no rights in respect thereof, except the right to receive payment of the redemption price thereof. Upon surrender of any Bond for redemption in part only, the Issuer shall issue and deliver to the registered owner thereof, the costs of which shall be paid by the registered owner, a new Bond or Bonds of authorized denominations or Maturity Amounts in aggregate principal amount equal to the unredeemed portion surrendered. In addition to the foregoing notice, further notice may be given by the Issuer as set out below (provided such additional notice is not required as a condition to redeeming Bonds), but no defect in said further notice nor any failure to give all or any portion of such further notice shall in any manner defeat the effectiveness of a call for redemption if notice thereof is given as above prescribed. (1) Each further notice of redemption given hereunder shall contain the information required above for an official notice of redemption plus (i) the CUSIP numbers of all Bonds being redeemed; (ii) the date of issue of the Bonds as originally issued; (iii) the rate of interest borne by each Bond being redeemed; (iv) the maturity date of each Bond being redeemed; and (v) any other descriptive information needed to identify accurately the Bonds being redeemed. (2) Each further notice of redemption shall be sent at least 35 days before the redemption date by registered or certified mail or overnight delivery service to all registered securities depositories then in the business of holding substantial amounts of 13 Ordinancc No. 6915-01 F obligations of types similar to the type of which the Bonds consist (such depositories now being Depository Trust Company of New York, New York, Midwest Securities Trust Company of Chicago, Illinois, Pacific Securities Depository Trust Company of San Francisco, California, and Philadelphia Depository Trust Company of Philadelphia, Penn- sylvania) and to one or more national information services that disseminates notices of redemption of obligations such as the Bonds. (3) Each such further notice shall be published one time in the Bond Buyer of New York, New York or, if such publication is impractical or unlikely to reach a substantial number of the Holders of the Bonds, in some other financial newspaper or journal which regularly carries notices of redemption of obligations similar to the Bonds, such publication to be made at least 30 days prior to the date fixed for redemption. SECTION 14. FORIM OF BONDS. The text of the Bonds shall be in substantially the form attached hereto as Exhibit B, with such omissions, insertions and variations as may be necessary and desirable and authorized and permitted by this Ordinance or by any subsequent ordinance or resolution adopted prior to the issuance thereof, or as may be necessary if the Bonds or a potion thereof are issued as Capital Appreciation Bonds, Capital Appreciation Term Bonds, Variable Rate Bonds or as may be necessary to comply with applicable laws, rules and regulations of the United States and of the State in effect upon the issuance thereof. The text of any Series of Bonds, other than the Bonds shall be as determined by supplemental ordinance or resolution of the Issuer. SECTION 15. BONDS NOT DEBT OF ISSUER. The Bonds shall not be or constitute general indebtedness of the Issuer within the meaning of any constitutional or statutory provision or limitation, but shall be payable solely from and secured by a prior lien upon and pledge of the Pledged Revenues herein provided. No Bondholder shall ever have the right to compel the exercise of the ad valorem taxing power of the Issuer or taxation in any form of any real property therein to pay the Bonds or the interest thereon or be entitled to payment of such principal and interest from any other funds of the Issuer except from the Pledged Revenues in the manner provided herein. SECTION 16. PLEDGED REVENUES. Until payment has been provided for as herein permitted, the payment of the principal of and interest on the Bonds shall be secured forthwith equally and ratably by an irrevocable lien on the Pledged Revenues prior and superior to all other liens or encumbrances on such Pledged Revenues and the . Issuer does hereby irrevocably pledge such Pledged Revenues to the payment of the principal of and interest on the Bonds, the reserves therefor, and for all other required payments. The Pledged Revenues shall immediately be subject to the lien of this pledge without any physical delivery thereof or further act, and the lien of this pledge shall be valid and binding as against all parties having claims of any kind in tort, contract or otherwise against the Issuer. All funds and accounts created pursuant hereto shall be held by the Finance Director (or such other officer of the Issuer as shall be approved by the City Commission) as trust funds for payment of the Bonds. 14 Ordinance No. 6915-01 SECTION 17. COVENANTS OF THE ISSUER. Until all principal of and interest on the Bonds shall have been paid or provided for as herein permitted, the Issuer covenants with the Bondholders as follows: A. REVENUE FUND. The entire Gross Revenues shall upon receipt thereof be deposited in the Revenue Fund created and established by the Original Ordinance. Such Revenue Fund shall constitute a trust fund for the purposes herein provided and shall be kept separate and distinct from all other funds of the Issuer and used only for the purposes and in the manner herein provided. B. CONSTRUCTION FUND. The Construction Fund to be held by the Issuer and to the credit of which deposits shall be made as required by Section 17 hereof is hereby created. Within such fund there shall be maintained separate accounts for each Series of Bonds and furthermore be maintained separate accounts for capitalized interest funded from the proceeds of any Series of Bonds. C. DISBURSEMENTS FROM CONSTRUCTION FUND. Moneys on deposit from time to time in the Construction Fund shall be used to pay or reimburse the following Project Costs: (1) Costs incurred directly or indirectly for or in connection with a Project or a proposed or future Project including, but not limited to, those for preliminary planning and studies, architectural, legal, financial, engineering and supervisory services, labor, services, materials, equipment, acquisitions, land, rights-of-way, improvements and installation: (2) Premiums attributable to all insurance required to be taken out and maintained during the period of construction with respect to a Project to be acquired or constructed, the premium on each surety bond, if any, required with respect to work on such facilities, and taxes, assessments and other charges hereof that may become payable during the period of construction with respect to such a Project; (3) Costs incurred directly or indirectly in seeking to enforce any remedy against a contractor or subcontractor in respect of any default under a contract relating to a Project or costs incurred directly or indirectly in defending any claim by a contractor or subcontractor with respect to a Project; (4) Financial, legal, accounting, appraisals, title evidence and printing and engraving fees, charges and expenses, and all other such fees, charges and expenses incurred in connection with the authorization, sale, issuance and delivery of such Series of Bonds; (5) Interest funded from Bond proceeds, if any, for a reasonable period of time, which shall be deposited in the Construction Fund and shall be used as provided in a supplemental resolution of the Issuer; 15 ordinance No. 6915-01 (6) Any other incidental and necessary costs including without limitation any expenses, fees and charges relating to the acquisition, construction or installation of a Project, and the making of extraordinary repairs, renewals and replacements, decommissioning or retirement of any portion of , including the cost of temporary employees of the Issuer retained to carry out duties in connection with the acquisition, construction or erection ofa Project; (7) Costs incurred directly or indirectly in placing any Project in operation in order that completion of such Project may occur; (8) Any other costs authorized pursuant to a supplemental resolution of the Issuer and permitted under the laws of the State; and (9) Reimbursements to the Issuer for any of the above items theretofore paid by or on behalf of the Issuer. D. DISPOSITION OF REVENUES. All fiends at any time remaining on deposit in the Revenue Fund shall be disposed of on or before the twentieth day of each month, commencing in the month immediately following the delivery of the 2001 Bonds, for so long as any Bonds remain Outstanding, only in the following manner and in the following order of priority: '(1) Funds shall first be used for deposit into the Operation and Maintenance Fund, which was established by the Original Ordinance, of such sums as are necessary for the Cost of Operation and Maintenance, for the next ensuing month. (2) A sum as shall be determined by supplemental resolution of the Issuer shall be deposited into the Construction Fund and used for the purpose of paying Project Costs. (3) From the moneys remaining in the Revenue Fund, the Issuer shall next deposit into the Sinking Fund created by the Original Ordinance, such sums as will be sufficient to pay (a) one-sixth. (1/6) of all interest becoming due on the Bonds on the next semi- annual interest payment date; (b) commencing in the first month which is twelve (12) months or six (6) months prior to the first annual or semi-annual maturity date, respec- tively, of any Serial Bonds, one-twelfth (1/12) or one-sixth (1/6), respectively, of the amount of Serial Bonds which will become due and payable on the next annual or semiannual principal maturity date, respectively, and (c) one-twelfth (1/12) of the Amortization Installment required to be made on the next annual payment date or one- sixth (1/6) of the Amortization Installment required to be made on the next seini-annual payment date into a "Bond Amortization Account", created and established in the Sinking Fund by the Original Ordinance. Such payments shall be credited to a separate special account for each series of Term Bonds outstanding, and if there shall be more than one stated maturity for Term Bonds of a series, then into a separate special account in the Sinking Fund for each such separate maturity of Term Bonds. The funds and investments in each such separate account shall be pledged solely to the payment of principal of the Term Bonds of the series or maturity within a series for which it is established and shall 16 Ordinance No. 6915-01 not be available for payment, purchase or redemption of Term Bonds of any other series or within a series, or for transfer to the Sinking Fund to make up any deficiencies in required payments therein. The Amortization Installments may be due either annually or semiannually, but in any event. the required payments as set forth above shall be made monthly commencing in the first month which is six (6) months or twelve (12) months, as the case may be, prior to the date on which the Amortization Installment is required to be made pursuant to (c) above. Upon the sale of any series of Term Bonds, the Issuer shall by resolution, establish the amounts and maturities of such amortization Installments for each series, and if there shall be more than one maturity of Term Bonds within a series, the Amortization Installments for the Term Bonds of each maturity. In the event the moneys deposited for retirement of a maturity of Term Bonds are required to be invested, in the manner provided below, the Amortization Installments may be stated in terms of either the principal amount of the investments to be purchased on, or the cumulative amounts of the principal amount of investments required to have been purchased by, the payment date of such Amortization InstallIllent. Moneys on deposit in each of the separate special accounts in the Bond Amortization Account shall be used for the open market purchase or the redemption of Term Bonds of the series or maturity of Term Bonds within a series for which such separate special account is established or may remain in said separate special account and be invested until the stated date of maturity of the Term Bonds. The resolution estab- lishing the Amortization Installments for any series or maturity of Tenn Bonds may limit the use of moneys to any one or more of the uses set forth in the preceding sentence and may specify the type or types of investments permitted hereunder to be purchased. (4) Moneys remaining in the Revenue Fund shall next be applied by the Issuer to maintain a Reserve Account, which Reserve Account was created and established by the Original Ordinance, in a sum equal to the Reserve Requirement, all or a portion of which sum may be initially provided from the proceeds of the sale of the Bonds and/or other moneys of the Issuer. The Issuer shall thereafter deposit into said Reserve Account an amount equal to one-twelfth (1/12) of twenty per cent (20%) of the difference between the amount, if any, so deposited upon the delivery of the Bonds and the amount of the Reserve Requirement on all outstanding Bonds. No further payments shall be required to be made into such Reserve Account when there has been deposited therein and as long as ther. shall remain on deposit therein a sum equal to the Maximum Bond Service Requirement on all outstanding Bonds becoming due in any ensuing Fiscal Year. Any withdrawals from the Reserve Account shall be subsequently restored from the first moneys available in the Revenue Fund after all required current payments into the Sinking Fund and into the Reserve Account, including all deficiencies for prior payments, have been made in full. 17 ordinance No. 6915-01 Moneys in the Reserve Account shall be used only for the purpose of the payment of maturing principal (including Amortization Installments) of or interest on the Bonds when the moneys in the Sinking Fund are insufficient therefor, and for no other purpose. Upon the issuance by the Issuer of any Additional Bonds under the terms, limitations and conditions provided in this Ordinance and the Original Ordinance, the payments into the Reserve Account shall be increased so that the amount on deposit therein shall be equal to the Maximum Bond Service Requirement on all Bonds outstanding and to be outstanding. Whenever the amount on deposit in the Reserve Account exceeds the Reserve Requirement on all Bonds then outstanding, the excess may be withdrawn and deposited into the Sinking Fund. The Issuer shall not be required to make any further payments into the Sinking Fund or into the Reserve ACCOCInt when the aggregate amount of moneys in the Sinking Fund and the Reserve Account are at least equal to the aggregate principal amount of Bonds then outstanding , plus the amount of interest then due or thereafter to become due 11 on the Bonds then outstanding. Notwithstanding the foregoing provisions, in lieu of the required deposits of Revenues into the Reserve Account, the Issuer may cause to be deposited into the Reserve Account a surety bond or an insurance policy issued by a reputable and recognized insurer for the benefit of the Bondholders in an amount equal to the difference between the Nlaximum Bond Service Requirement and the sums then on deposit in the Reserve Account, if any, which surety bond or insurance policy shall be payable (upon the giving of notice as required thereunder) on any interest payment date on which a deficiency exists which cannot be cured by funds in any other account held pursuant to this Ordinance and the Original Ordinance and available for such purpose. The insurer providing such surety bond or insurance policy shall be an insurer whose municipal bond insurance policies insuring the payment, when due, of the principal of and interest on municipal bond issues results in such issues being rated in the highest rating category by Standard & Poor's Corporation or Moody's Investors Service, Inc., or their successors. If a disbursement is made from a surety bond or an insurance policy provided pursuant to this paragraph, the Issuer shall be obligated to either reinstate the maximum limits of such surety bond or insurance policy immediately following such disbursement or to deposit into the Reserve Account, as herein provided in this paragraph for restoration of withdrawals from the Reserve Account, funds in the amount of the disbursement made under such policy, or a combination of such alternatives. (5) The Issuer shall next apply and deposit the moneys in the Revenue Fund into the Renewal and Replacement Fund created by the Original Ordinance. The Issuer shall deposit into such Renewal and Replacement Fund an amount equal to one-twelfth (1/12) of five per centum (5%) of the Gross Revenues of the System for the previous Fiscal Year, or such other amount as is certified as necessary for the purposes of the Renewal and Replacement Fund by the Consulting Engineer and as approved by the City 18 Ordinance No. 6915-01 Commission. The moneys in said Renewal and Replacement Fund shall be used only for the purpose of paying the cost of extensions, enlargements or additions to or the replacement of capital assets of the System and emergency repairs thereto. Such moneys on deposit in such Fund shall also be used to supplement the Reserve Account if necessary in order to prevent a default in the payment of the principal of and interest on the Bonds. (6) To the extent junior lien bonds are issued and outstanding (which subordinated bonds the Issuer reserves the right to issue), the Issuer shall next apply moneys in the Revenue Fund to the payment of principal of, redemption premium, if any, and interest on such subordinated debt of the Issuer. (7) The balance of any moneys remaining in the Revenue Fuld after the above required payments have been made may either be deposited into either the Renewal and Replacement Fund or the Sinking Fund, or may be used for the purchase or redemption of Bonds, or may be used by the Issuer for any lawful purpose of the Issuer. E. INVESTMENT OF FUNDS. The Operation and Maintenance Fund, the Sinking Fund, the Reserve Account, the Renewal and Replacement Fund, the Revenue Fund, the Construction Fund, and any other special funds herein and in the Original Ordinance established and created shall constitute trust fi.unds for the purposes provided herein for such funds. All such funds shall be continuously secured in the same manner as state and municipal deposits are required to be secured by the laws of the State of Florida. Moneys on deposit in any of such funds and accounts may be invested and reinvested in Authorized Investments. Investments made with moneys in the Construction Fund, the Revenue Fund, the Operation and Maintenance Fund, and the Sinking Fund (except the Bond Amortization Account therein), must mature not later than the date that such moneys will be needed. Investments made with moneys in the accounts in the Bond Amortization Account, in the Reserve Account and in the Renewal and Replacement Fund must mature, in the case of the accounts in the Bond Amortization Account not later than the stated date of maturity of each respective Amortization Installment of the Term Bonds to be retired from the sub-accounts in the Bond Amortization Account from which the investment is made, in the case of the Reserve Account not later than the final maturity of any Bonds then outstanding, and in the case of the Renewal and Replacement Fund, not later than such date as shall be determined by the Issuer. Any and all income received by the Issuer from all such investments shall be deposited into the Revenue Fund, except however, that investment income earned in the Bond Amortization Account may be retained therein or deposited into the Sinking Fund and used to pay maturing principal of and interest on the Bonds, at the option of the Issuer. The cash required to be accounted for in each of the foregoing funds and accounts established herein may be deposited in a single bank account, and funds allocated to the various accounts established herein may be invested in a common investment pool, provided that adequate accounting records are maintained to reflect and control the restricted allocation of the cash on deposit therein and such investments for the various purposes of such funds and accounts as herein provided. 19 Ordinance No. 6915-01 The designation and establishment of the various hinds in and by this Ordinance shall not be construed to require the establishment of any completely independent, self-balancing funds as such term is commonly defined and used in governmental accounting, but rather is intended solely to constitute an earmarking of certain revenues and assets of the System for certain purposes and to establish certain priorities for application of such revenues and assets as herein provided. F. OPERATION AND MAINTENANCE. The Issuer will maintain the System and all parts thereof in good condition and will operate the same in an efficient and economical manner, making such expenditures for equipment and for renewals, repairs and replacements as may be proper for the economical operation and maintenance thereof. G. ATE ORDINANCE. The Issuer has enacted or will enact a rate ordinance and thereby will fix, establish and maintain such rates and will collect such fees, rentals and other charges for the services and facilities of the System and revise the same from time to time whenever necessary, as will always provide Gross Revenues in each Fiscal Year sufficient to pay the Cost of Operation and Maintenance of the System in such Fiscal Year, one hundred fifteen per centurn (115%) of the Bond Service Requirement becoming due in such Fiscal Year on the outstanding Parity Bonds, on the outstanding Bonds and on all outstanding Additional Bonds, plus one hundred per centum (100%) of all reserve and other payments required to be made pursuant to this Ordinance and the Original Ordinance. Such rates, fees, rentals and other charges shall not be reduced so as to be insufficient to provide Gross Revenues for such purposes. H. BOOKS AND RECORDS. The Issuer shall keep books and records of the System, which books and records shall be kept separate and apart from all other books, records and accounts of the Issuer, and Bondholders shall have the right at all reasonable times to inspect all records, accounts and data of the Issuer relating thereto. I. ANNUAL AUDIT. The Issuer shall also, at least once a year, cause the books, records and accounts relating to the System to be properly audited by a recognized independent firm of certified public accountants and shall make generally available the report of such audits to any Bondholder. J. NO MORTGAGE OR SALE OF THE SYSTEM. The Issuer irrevocably covenants, binds and obligates itself not to sell, lease, encumber or in any manner dispose of the System as a whole until all of the Bonds shall have been paid in full as to both principal and interest, or payment shall have been duly provided for under this Ordinance. The foregoing provision notwithstanding, the Issuer may sell or dispose of, for fair market value, any properties or parts of the System which the Consulting Engineer shall certify in writing are not necessary for the continued operation of the System and that the sale or disposal of which will not adversely affect the Gross Revenues to be derived from the System to 20 ordinance; No. 6115-01 such an extent that. the Issuer will fail to comply with the covenants contained herein, including Section 17(G) of this Ordinance and the Original Ordinance. The proceeds derived from any sale or disposal of any properties or parts of the Svstem as provided for in the above paragraph shall, in the discretion of the Issuer, be (1) deposited in the Renewal and Replacement Fund and used exclusively for the purpose of paying the cost of extensions, enlargements or additions to, or the replacement of capital assets of the System and for unusual or extraordinary repairs thereto, or for the construction or acquisition of additions, extensions and improvements to the System. or (2) for the purchase or retirement of the Bonds then outstanding. However, if the Consultin( T End(yineer certifies that proceeds are necessary for the purposes stated in part (1) above. such proceeds shall remain in the Renewal and Replacement Fund until such certified requirements are satisfied, and the proceeds shall not be used for any other purpose allowed by this Ordinance or the Ori0inal Ordinance. K. INSURANCE. The Issuer will make adequate provision to maintain fire and windstorm insurance on all buildinzs and structures and properties of the System which are subject to loss through fire or windstorm, public liability insurance, and other insurance of such types and in such amounts as are normally carried in the operation of similar public and private utility systems within the State of Florida. Any such insurance shall be placed with nationally recognized and reputable insurors or under State approved and authorized self insurance programs or any combination of both and shall be carried for the benefit of the Bondholders. All monies received for losses under any such insurance, except public liability, are hereby pledged by the Issuer as security for the Bonds, until and unless such proceeds are used to remedy the loss or damage for which such proceeds are received, either by repairing the property damaged or replacing the property destroyed within ninety (90) days from the receipt of such proceeds. L. NO FREE SERVICE. The Issuer will not gender or cause to be rendered any free services of any nature by its System, nor will any preferential rates be established for users of the same class. This covenant shall not prevent individual contracts with other governmental entities for the wholesale delivery of services of the System. The Issuer, including its departments, agencies and instrumentalities, shall avail itself of the facilities or services provided by the System or any part thereof, and the same rates, fees or charges applicable to other customers receiving like services under similar circumstances shall be charged to the Issuer and any such department, agency or instrumentality. Such charges shall be paid as they accrue, and the Issuer shall transfer from its general funds sufficient sums to pay such charges. The revenues so received shall be deemed to be Gross Revenues derived from the operation of the System and shall be deposited and accounted for in the same manner as other Gross Revenues derived from such operation of the System. M. MANDATORY CONNECTION. To the full extent permitted by law the Issuer will adopt and keep in force and effect an ordinance requiring that all improved premises with respect to which water or sewer services from the System are available shall connect such premises to the System and shall obtain available water and sewer services only from the System. 21 Ordinance No. 6915-01 N. ENFORCEMENT OF COLLECTIONS. The Issuer will diligently enforce and collect all fees, rentals or other charges for the services and facilities of the System and take all steps, actions and proceedings for the enforcement and collection of such fees, rentals or other charges which shall become delinquent to the full extent permitted or authorized by the Act and by the laws of the State of Florida. The Issuer will, under reasonable rules and regulations, shut off and discontinue the supplying of the water service and the sewer service of the System for the nonpayment of fees, rentals or other charges for said water service or said sewer service, or either of them, and will not restore said water service or sewer service, or either of them, until all delinquent charges for both water service and sewer service, together with interest and reasonable penalties, have been paid in full. 0. REMEDIES. Any Bondholder, or any trustee acting for the Bondholders may, either at law or in equity, by suit, action, mandamus or other proceedings in any court of competent jurisdiction, protect and enforce any and all rights, including the right to the appointment of a receiver, existing under the laws of the State of Florida, or granted and contained herein, and may enforce and compel the performance of all duties herein required or by any applicable statutes to be performed by the Issuer or by any officer thereof. Nothing herein, however, shall be construed to grant to any Bondholders any lien on any real property of the Issuer. P. CONSULTING ENGINEERS. The Issuer will retain an independent consulting engineer or engineering firm having a favorable reputation for skill and experience for the design, construction and operation of systems of comparable size and character as the System, for the purpose of providing the Issuer competent engineering counsel in connection with the making of the capital improvements. The Issuer may, however, employ additional engineers at any time with relation to specific engineering and operation problems arising in connection with the System. Q. CITY MANAGER REPORTS. On an annual basis, within 45 days of the receipt of the annual audit of the System provided for above, the Issuer shall cause to be prepared by the City Manager a report or survey of the System with respect to the management of the properties thereof, the sufficiency of the rates and charges for services, the proper maintenance of the properties of the System and the necessity for capital improvements and recommendations therefor. Such a report or survey shall also show any failure of the Issuer to perform or comply with the covenants herein contained, including those contained in subsection I above. In the event that such annual report reflects that the rates and charges for services are insufficient to protect the rights of the Bondholders, then the Issuer shall take such steps as are required by law to raise the rates and cl•targes for services. In the event that the annual report indicated that the rates and charges for services should be increased substantially pro rata as to all classes of service, then, to the frill extent permitted by law, the Issuer shall raise the rates and charges for services without the necessity for notice or public hearing. 23 Ordinance No. 6915-01 R. NO COivIPETING SYSTEM. To the full extent permitted by law the Issuer will not grant or cause, consent to, or allow the granting of any franchise or permit to anv person, firm, corporation or body or agency or instrumentality whatsoever for the furnishing of water or sanitary sewerage. services to or within the service area of the System, if determined by the Consulting Engineers to be materially competitive with the System and adversely affecting the Gross Revenues derived from the operation thereof. S. ISSUANCE OF OTHER OBLIGATIONS. The Issuer shall issue no bonds or obligations of any kind or nature payable from or enjoying a lien on the Pledged Revenues it such obligations have priority over the Bonds with respect to payment or lien, nor shall the Issuer create or cause or permit to be created any debt, lien, pledge, assignment, encumbrance or other charge on a parity with.the lien of the Bonds upon said Pledged Revenues. Notwithstanding any other provision in this Section, the Issuer may issue Additional Bonds under the conditions and in the manner provided herein. Any obligations of the Issuer, other than the Bonds, which are payable from the Pledged Revenues shall contain an express statement that such obligations are junior and subordinate in all respects to the Bonds as to lien on and source and security for payment from such Pledfl ed Revenues. 11 T. ISSUANCE OF ADDITIONAL BONDS. Additional Bonds, payable on a parity from the Pledged Revenues with the Parity Bonds and the Bonds, shall be issued only for the purposes of refunding a part of the outstanding Bonds or financing the cost of extensions, additions and improvements to the System and for the acquisition and construction of, and extensions, additions and improvements to, sewer and/or water systems which are to be consolidated with the System and operated as a single combined utility. Additional Bonds, other than for refunding purposes, shall be issued only upon compliance with all of the following conditions: (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 System have been audited by qualified and recognized firm of independent certified public accountants; (b) based on such audited financial statement, that the amount of the adjusted Net Revenues derived for the Fiscal Year preceding the date of issuance of the proposed Additional Bonds or for any twelve (12) consecutive months during the eighteen (13) months immediately preceding the date of issuance of the Additional Bonds with respect to which such certificate is made, adjusted as herein below provided; and (c) based on such audited financial statement, that the aggregate amount of such Net Revenues, as adj Listed, for the period for which such Net Revenues are being certified is equal to not less than 120% of the Maximum Bond Service Requirement becoming due in any Fiscal. Year thereafter on (i) all Parity Bonds and the Bonds issued under this Ordinance, if any, then Outstanding, and (ii) on the Additional Bonds with respect to which such certificate is made. (2) Upon recommendation of the Consulting Engineers, the Net Revenues certified pursuant to (b) in the previous paragraph may be adjusted for purposes of this Subsection by including: (a) 100% of the additional Net Revenues which in the opinion of the 2 3 Ordinance No. 6915-01 Consulting Engineer would have been derived by the Issuer from rate increases adopted before the Additional Bonds are issued, if such rate increases had been implemented before the commencement of the period for which such Net Revenues are being certified, and (b) 100% of the additional Net Revenues estimated by the Consulting Engineer to be derived during the First full twelve month period after the facilities of the System are extended, enlarged, improved or added to with the proceeds of the Additional Bonds with respect tO which Such certificate is made. The adjustments described in Section 17(T)(2)(b) may only be made if the Net Revenues as adjusted under Section 17(T)(2)(a) for the period for which such Net Revenues are being certified equals at least 1.00 times the ivlaximum Bond Service Requirement becoming due in any Fiscal Year thereafter on (i) all Bonds then outstanding, and (ii) on the Additional Bonds with respect to which such certificate is made. (3) Additional Bonds shall be deemed to have been issued pursuant to this Ordinance the same as the Outstanding Bonds, and all of the other covenants and other provisions of this Ordinance and the Original Ordinance (except as to details of such Additional Bonds inconsistent therewith) shall be for the equal benefit, protection and security of the Holder of all Bonds issued pursuant to this Ordinance and the Original Ordinance. Except as provided in Section 17(T) hereof, all Bonds, regardless of the time or times of their issuance, shall rank equally with respect to their lien on the Pledged Revenues and their sources and security for payment therefrom without preference of any Bonds over any other. (4) In the event that the total amount of Bonds herein authorized to be issued are not issued simultaneously, such Bonds which are subsequently issued shall be subject to the conditions of Section 17(T) hereof. (5) The Issuer need not comply with the provisions of paragraph 1 of this Section 17(T) if and to the extent the Additional Bonds to be issued are refunding bonds, and if the Issuer shall cause to be delivered a certificate of the Finance Director setting forth the annual debt service (i) for the Bonds then Outstanding and (ii) for all Series of Bonds to be immediately Outstanding thereafter and stating that the Bond Service Requirement in any year pursuant to (ii) above is not greater than the Bond Service Requirement in the corresponding year set forth pursuant to (i) above. (6) The Issuer shall not be in default in the currying out of any of the obligations assumed under this Ordinance and no event of default shall have occurred under this Ordinance and shall be continuing, and all payments required by this Ordinance to be made into the funds and accounts established hereunder shall have been made to the full extent required. (7) The resolution authorizing the issuance of a Series of Additional Bonds shall recite that all of the covenants contained herein will be applicable to such Additional Bonds. U. MAINTENANCE OF SYSTEM. The Issuer will maintain the System in good condition and continuously operate the same in an efficient manner and at a reasonable cost. 24 Ordinance No. 6915-01 SECTION 18. TAY COMPLIANCE. A. In General. The Issuer at all times while the Bonds and the interest thereon are outstanding will comply with all applicable provisions of the Internal Revenue Code of 1986, as amended (the "Code") and any valid and applicable rules and regulations promulgated thereunder (the "Regulations") in order to ensure that the interest on the Bonds will be excluded from gross income for federal income tax purposes. B. Rebate. (1) The Issuer shall either make or cause an independent firm of certified public accountants or tali compliance firm to make and promptly provide to the Issuer the rebate calculations required by the Code and Regulations, on which the Issuer may conclusively rely in taking action under this Section. The Issuer shall make deposits to and disbursements from separate accounts to the extent_ required by the Code and Regulations and shall otherwise maintain full and complete accounting records of receipts and disbursements of, and investment purchases and sales allocated to, the "gross proceeds" subject to the rebate requirements of the Code and Regulations. The requirements of this Subsection 1813 may be superseded or amended by new calculations accompanied by an opinion of bond counsel addressed to the Issuer to the effect that the use of the new calculations are in compliance with the Code and Regulations and will not cause the interest on the Bonds to become included in gross income for Federal income tax purposes. (2) The Issuer shall either make or cause an independent firm of certified public accountants or tax compliance firm to annually make and promptly forward to the Issuer after the end of the Bond Year and within the time required by the Code and the Regulations the computation of the rebate deposit required by the Code, on which the Issuer may conclusively rely in taking action under this Subsection B. Records of the determinations required by this Subsection B and the Code and Regulations shall be retained by the Issuer until six (6) years after the Bonds are no longer outstanding. (3) Within the time required by the Code and Regulations following the end of the fifth Bond Year, as defined in the Code, and every five (3) years thereafter, the Issuer shall pay to the United States of America ninety percent (90%) of the rebate amounts calculated as of such payment date, as shown by the computations of the Issuer or the certified public accountants or tax compliance firm, and one hundred percent (100%) of the earnings on such rebate amounts as of such payment date. Not later than sixty (60) days after the final retirement of each applicable series of Bonds, the Issuer shall pay to the United States of America one hundred percent (100%) of the balance remaining of the rebate amount and the earnings thereon. Each payment required to be paid to the United States of America pursuant to this Subsection B shall be filed with the Internal Revenue Service Center, Ogden, Utah 84201. Each payment shall be accompanied by a copy of the Form 8038 originally filed with respect to each applicable series of Bonds and a state- ment summarizing the determination of the amount to be paid to the United States of America. 25 Ordinance No. 6015-01 SECTION 19. DEFAULTS; EVENTS OF DEFAULT AND REMEDIES. Except as provided below, if any of the following events occur it is hereby defined as and declared to be and to constitute an "Event of Default": (A) Default in the due and punctual payment of any interest on the Bonds; (B) Default in the due and punctual payment of the principal of and premium, if any, or Accreted Value on any Bond, at the stated maturity thereof, or upon proceedings for redemption thereof, (C) Default in the performance or observance of any other of the covenants, agreements or conditions on the part of the Issuer contained in this Ordinance or in the Bonds and the continuance thereof for a period of thirty (30) days after written notice to the Issuer given by the Holders of not less than twenty-five percent (25%) of aggregate principal amount of Bonds then Outstanding (provided, however, that with respect to any obligation, covenant, agreement or condition which requires performance by a date certain, if the Issuer performs such obligation, covenant, agreement or condition within thirty (30) days of written notice as provided above, the default shall be deemed to be cured); (D) Failure by the Issuer promptly to remove any execution, garnishment or attachment of such consequence as will materially impair its ability to carry out its obligations hereunder; (E) Any act of bankruptcy or the rearrangement, adjustment or readjustment of the obligations of the Issuer under the provisions of any bankruptcy or moratorium laws or similar laws relating to or affecting creditors' rights. The term "default" shall mean default by the Issuer in the performance or observance of any of the covenants, agreements or conditions on its part contained in this Ordinance, any supplemental resolution or in the Bonds, exclusive of any period of grace required to constitute a default or an "Event of Default" as hereinabove provided. For purposes of Section 19(A) and (B) hereof, no effect shall be given to any payments made under any Bond Insurance Policy. Any Holder of Bonds issued under the provisions hereof or any trustee acting for the Holders of such Bonds, may either at law or in equity, by suit, action, mandamus or other proceedings in any court of competent jurisdiction, protect and enforce any and all rights, including the right to the appointment of a receiver, existing under State or federal law, or granted and contained herein, and may enforce and compel the performance of all duties required herein or by any applicable. law to be performed by the Issuer or by any officer thereof. Nothing herein, however, shall be construed to grant to any Holder of the Bonds any lien on any property of the Issuer, except the Pledged Revenues. 26 Ordinance No. 6915-01 The foregoing notwithstanding: (i) No remedy conferred upon or reserved to the Bondholders is intended to be exclusive of any other remedy, but each remedy shall be cumulative and shall be in addition to any ether remedy given to the Bondholders hereunder. (ii) No delay or omission to exercise any right or power accruing upon any default or Eve11t of Deft11.11t shall impair any such right or power or shall be construed to be a waiver of any such default or acquiescence therein, and every such right and power may be exercised as often as may be deemed expedient. (iii) No waiver of any default or Event of Default hereunder by the Bondholders shall extend to or sliall affect any subsequent default or Event of Default or shall impair any rights or remedies consequent thereon. (iv) ;acceleration of the payment of principal of and interest on the Bonds shall not be a remedy hereunder in the case of an Event of Default. Upon the Occurrence of an Event of Default, and upon the filing of a suit or other commencement of' judicial proceedings to enforce the rights of the Bondholders under this Ordinance, the (:bondholders shall be entitled, as a matter of right, to the appointment of a receiver or receivers of the Project and the funds pending such proceedings, with such powers as the court making such appointment shall confer. Notwithstanding any provision of this Ordinance to the contrary, for all purposes of this Section ?l, except the giving of notice of any Event of Default to the Holder of the Bonds, the Bond Insurer shall be deemed to be they I-lolder of the Bonds it has insured. On the occurrence of an Event of Default, to the extent such rights may then lawfully be waived, neither the; Issuer nor anvone claiming through or under it, shall set up, claim or seek to take advantage of any stay, extension or redemption laws now or hereafter in force, in order to prevent or hinder the enforcement of this Ordinance, and the Issuer, for itself and all who may claim through or under it, hereby waives. to the extent it may lawfully do so, the benefit of all such laws and all right of redemption to which it may be entitled. Within 30 days of knowledge thereof. both the Issuer and the Paying Agent shall provide notice to the Bond Insurer of the occurrence of any Event of Default. The Bond Insurer shall be included as a party in interest and as a party entitled to (i) notify the Issuer or any Paying Agent of the occurrence of an Event of Default and (ii) request the Issuer or any Paying Agent to intervene in judicial proceedings that affect the Bonds or the security therefor. The Issuer and any Paying Agent are required to accept notice of default from the Bond Insurer. 27 Ordinance No. 6915-01 Anything in this Ordinance to the contrary notwithstanding, upon the occurrence and continuance; of' an Event of De fault, the Bond Insurer, if any for a Series of Bonds shall be entitled to control and direct the enforcement of all rights and remedies. granted to the Bondholders under this Ordinance for such Series of Bonds and the Bond Insurer shall also be entitled to approve all waivers oi'evetlis of'deffault. SI',CTION 20. AMENDING AND SUPPLEMENTING OF ORDINANCE wn,iiou'r CONSENT OF HOLDERS OF BONDS. The Issuer, from time to time and at any tlnle and without the; consent or concurrence of any Holder of any Bonds, may enact an ordinance amendatory hereof or supplemental hereto, if the provisions of such supplemental ordinance shall not adversely affect the rights of the Holders of the Bonds then Outstanding, for any one or more of the following purposes: (a) To make any changes or corrections in this Ordinance as to which the Issuer shall have been advised by counsel that are required for the purpose of curing or correcting any ambiguity or defective or inconsistent provisions or omission or mistake or manifest error contained in this Ordinance, or to insert in this Ordinance such provisions clarifying matters or questions arising under this Ordinance as are necessary or desirable; (B) To add additional covenants and agreements of the Issuer for the purpose of further securing the payments of the Bonds; (C) To surrender any right, power or privilege reserved to or conferred upon the Issuer by the terms of this Ordinance;, (D) To confirm as further assurance any lien, pledge or charge or the subjection to any lien, pledge or charge, created or to be created by the provisions of this Ordinance; (E) To grant to or confer upon the Holders any additional right, remedies, powers, authority or security that lawfully may be granted to or conferred upon them; (F) To assure compliance with federal "arbitrage:" provisions in effect from time to time; (G) To provide such changes as may be necessary in order to adjust the terms hereof so as to facilitate the issuance of Variable Efate Bonds or Option Bonds; and (H) To modify any of the provisions of this Ordinance in any other aspects provided that such modifications shall not be effective until after the Bonds Outstanding at the time such supplemental ordinance is adopted shall cease to be Outstanding, or until the holders thereof consent thereto pursuant to Section 21 hereof.', and any Bonds issued subsequent to any such modification shall contain a specific reterence to the modifications contained in such supplemental ordinance. Except for supplemental resolutions providing for the issuance of a Series of Bonds pursuant hereto, the Issuer shall not enact any supplemental ordinance authorized by the 28 Ordinance No. 6915-01 foregoing provisions of this Section unless in the opinion of Bond Counsel the enactment of such supplemental ordinance is permitted by the foregoing provisions of this section. SECTION 21. A),"IENDINIENT OF ORDINANCE WITH CONSENT OF HOLDERS OF BONDS. Except as provided in Section 20 hereof, no material modification or amendment of this Ordinance or of any resolution supplemental hereto shall be made without the consent in writing of the Holders of Fifty-one percent or more in the principal amount of the Bonds of each Series so affected and then Outstanding. For purposes of this Section, to the extent any Bonds are insured by a policy of municipal bond insurance or are secured by a letter of credit and such Bonds are then rated in as high a rating category as the rating category in Which such Bonds were rated at the time of initial issuance and delivery thereof by either Standard & Poor's Corporation or Nloody's Investors Service, or successors and assigns, then the consent of the issuer of such municipal bond insurance policy or the issuer of such letter of credit shall be deemed to constitute the consent of the Holder of such Bonds. No modification or amendment shall permit a change in the maturity of such Bonds or a reduction in the rate of interest thereon or in the amount of the principal obligation thereof or affecting the promise of the Issuer to pay the principal of and interest on the Bonds as the same shall become due from the Pledged Revenues or reduce the percentage of the Holders of the Bonds required to consent to any material modification or amendment hereof without the consent of the Holder or Holders of all such obligations. For purposes of the immediately preceding sentence, the issuer of a municipal bond insurance policy or a letter of credit shall not consent on behalf of the Holders of the Bonds. No amendment or supplement pursuant to this Section 21 (but not including Section 20 hereof shall be made without the consent of the Bond Insurer, if any. SECTION 22. DEFEASANCE. The covenants and obligations of the Issuer shall be defeased and discharged under terms of this Ordinance as follows: (A) If the Issuer shall pay or cause to be paid, or there shall otherwise be paid, to the Holders of all Bonds the principal, redemption premium, if any, and interest due or to become due thereon, at the times and in the manner stipulated herein, then the pledge of the Pledged Revenues and all covenants, agreements and other obligations of the Issuer to the Bondholders, shall thereupon cease, terminate and become void and be discharged and satisfied. If the Issuer shall pay or cause to be paid, or there shall otherwise be paid, to the Holders of any Outstanding Bonds the principal or redemption premium, if any, and interest due or to become due thereon, at the times and in the manner stipulated herein, such Bonds shall cease to be entitled to any lien, benefit or security under this Ordinance, and all covenants, agreements and obligations. of the Issuer to the Holders of such Bonds shall thereupon cease, terminate and become void and be discharged and satisfied. (B) The Bonds, redemption premium if any, and interest due or to become due for the payment or redemption of which moneys shall have been set aside and shall be held in trust (through deposit by the Issuer of funds for such payment or redemption or otherwise) at the maturity or redemption date thereof shall be deemed to have been paid within the meaning and with the effect expressed in paragraph (A) of this Section 22. Subject to the provisions of paragraph (C) and (D) of this Section 22, any Outstanding Bonds shall prior to the maturity or 29 Ordinance No. 6915-01 redemption date thereof be deemed to have been paid within the meaning and with the effect expressed in paragraph (A) of this Section if (i) in case any of said Bonds are to be redeemed on any date prior to their maturity, the Issuer shall have given to the escrow agent instructions accepted in writing by the escrow agent to notify Holders of Outstanding Bonds in the manner required herein of the redemption of such Bonds on said date and (ii) there shall have been deposited with the escrow agent either moneys in an amount which shall be sufficient, or Federal Securities (including any Federal Securities issued or held in book-entry form on the books of the Department of the Treasury of the United States) the principal of and the interest on which when due will provide moneys which, together with the moneys, if any, deposited with the escrow agent at the same time. shall be sufficient, to pay when due the principal of or premium, if any, and interest due and to become due on said Bonds on or prior to the redemption date or maturity date thereof, as the case may be. (C) For purposes of determining whether Variable Rate Bonds shall be deemed to have been paid prior to the maturity or redemption date thereof, as the case may be, by the deposit of moneys, or Acquired Obligations and moneys, if any, in accordance with paragraph B of this Section 22, the interest to come due on such Variable Rate Bonds on or prior to the maturity date or redemption date thereof, as the case may be, shall be calculated at the maximum rate permitted by the terms thereof; provided, however, that if on any date, as a result of such Variable Rate Bonds having borne interest at less than such maximum rate for any period, the total amount of moneys and Acquired Obligations on deposit with the escrow agent for the payment of interest on such Variable Rate Bonds is in excess of the total amount which would have been required to be deposited with the escrow agent on such date in respect of such Variable Rate Bonds in order to satisfy the second sentence of paragraph (B) of this Section 22, the escrow agent shall, if requested by the Issuer, pay the amount of such excess to the Issuer free and clear of any trust, lien, pledge or assignment securing the Bonds or otherwise existing tinder this Ordinance. (D) Option Bonds shall be deemed to have been paid in accordance with the second sentence of paragraph (B) of this Section 22 only if, in addition to satisfying the requirements of clauses (i) and (ii) of such sentence, there shall have been deposited with the escrow agent moneys in an amount which shall be sufficient to pay when due the maximum amount of principal of and redemption premium, if any, and interest on such Bonds which could become payable to the Holders of such Bonds upon the exercise of any options provided to the Holders of such Bonds; provided, however, that if, at the time a deposit is made with the escrow agent pursuant to paragraph (B) of this Section, the options originally exercisable by the Holder of an Option Bond are no longer exercisable, such Bond shall not be considered an Option Bond for purposes of this paragraph (D). If any portion of the moneys deposited with the escrow agent for the payment of the principal of and redemption premium, if any, and interest on Option Bonds is not required for such purpose, the escrow agent shall, if requested by the Issuer, pay the amount of such excess to the Issuer free and clear of any trust, lien, security interest, pledge or assignment securing said Bonds or otherwise existing under the Resolution. SECTION 23. SALE OF THE FONDS. The Bonds shall be issued and sold at public or negotiated sale at one time or in installments from time to time and at such price or prices as 30 Ordinance No. 6915-01 shall be consistent with the provisions of the requirements of this Ordinance and other applicable provisions of law as set forth in a supplemental resolution of the Issuer adopted before the issuance of any Series of Bonds. SECTION 24. CAPITAL APPRECIATION BONDS. For the purposes of (i) receiving payment of the redemption price if a Capital Appreciation Bond is redeemed prior to maturity, (ii) receiving payment of a Capital Appreciation Bond if the principal of all Bonds is declared immediately due and payable tinder the provisions of the Ordinance, (iii) computing the amount of the Maximum Bond Service Requirement, and (iv) computing the percentage of Bonds held by the registered owner of a Capital Appreciation Bond in giving to the Issuer or the Trustee any notice, consent, request or demand pursuant to the Ordinance for any purpose whatsoever, the principal amount of a Capital Appreciation Bond shall be deemed to be its Accreted Value. SECTION 25. AINUNDING PRIOR ORDINANCES. In accordance with Section 21 of Ordinance No. 3674-84, which permits amendments and modifications of such Ordinance which are not material modifications or amendments thereof, but with the consent of the respective Bond Insurer for the Parity Bonds, Section 16R of Ordinance No. 3674-84, Ordinance No. 5355-93 and Ordinance No. 6311-98 is hereby amended by deleting in its entirety paragraph (1) thereof and replacing such paragraph with the following new paragraph (1): (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 System have been audited by qualified and recognized firm of independent certified public accountants; (b) based on such audited financial statement, that the amount of the adjusted Net Revenues derived for the Fiscal Year preceding the date of issuance of the proposed Additional Bonds or for any twelve (12) consecutive months during the eighteen (18) months immediately preceding the date of issuance of the Additional Bonds with respect to which such certificate is made, adjusted as herein below provided; and (c) based on such audited financial statement, that the aggregate amount of such Net Revenues, as adjusted, for the period for which such Net Revenues are being certified is equal to not less than 120% of the Maximum Bond Service Requirement becoming due in any Fiscal Year thereafter on (i) all Parity Bonds and the Bonds issued under this Ordinance, if any, then Outstanding, and (ii) on the Additional Bonds with respect to which such certificate is made. SECTION 26. SEVERABILITY OF INVALID PROVISIONS. If any one or more of the covenants, agreements or provisions herein contained shall be held contrary to any express provisions of law or contrary to the policy of express law, though not expressly prohibited, or against public policy, or shall for any reason whatsoever be held invalid, then such covenants, agreements or provisions shall be null and void and shall be deemed separable from the remaining covenants, agreements or provisions and shall in no way affect the validity of any of the other provisions hereof or of the Bonds issued hereunder. 31 Ordinance No. 6915-01 SECTION 27. REPEALING CLAUSE. All ordinances or resolutions or parts thereof of the Issuer in conflict with the provisions herein contained are, to the extent of such conflict, hereby superseded and repealed. SECTION 28. EFFECTIVE DATE. This Ordinance shall take effect immediately upon its passage. SECTION 29. PUBLIC NOTICE. Notice of the proposed enactment of this Ordinance has been properly advertised in a newspaper of general circulation in accordance with Chapter 166.041, Florida Statutes. PASSED ON FIRST READING PASSED ON SECOND READING AND FINAL READING AND ADOPTED AS AMENDED. Approved as to form: Pamela K. Akin City Attorney November 1 .2001 , 2001 Brian J. Aungst Mayor-Commissioner Attest: Cynthia E. Goudeau City Clerk 32 Ordinance No. 6915-01 Agenda: (11/15/01,) Item # 26 )?ao c ? m N 75 LL ° 3 D c 1 ? U (nom O to U d i c - m :C C9 '3 E' Q ZG CL N N cv N E '? rn v ,3 E p a V E d E m w rn m ro > E ?m ? C9 a? a y V Z L) U U a m v? 0 0 4 0 N Q O O GI ? '( ? tD I O r co a af6i r T O M 41 Q t?Dp to 'p a 7 w a? L c 0 c 6. a ?? o in m C.4 ro LU m r a O U_ 00 p ?A U ni U Of U co v a ? c E d m p ? E v tO C • 4 C Q C C p M N V Q tin M .?_` 0 A p?j r N . E E co ?" ? cC >` C p) m 78 M C14 ti C •? A y) N -c: c N O r3 ? R 6 ? 7 t . N a u6.. •.?. h 1L r? 3 o$ o c C E c L N m 2? ° `° rn a 2 rn tin c2c2 a0 v' 2 m U) rs co p c $ p U) coo cco m N 04 c'7 C O N y tp tp 4 [1. 6. E N o v m 2 d N O C > ? >>> ' C 4 m p ?s C l e r. V) N 8 8 8 8 ` o ?r? Q v o 10 c c u ? 'u5wu'? a c t c cF V G ZA N r ?p ?s H C w. O O C o f- r- IT IT IT V E m U. ca .6 a d c c c c ui m ? mmm m O U)2 ca ? 78 c o 2 O 2 aC. m « + 2 e o` V CD cC m L p cow ? cccc c N a ro > .7. ai Q rn rn r r r Q p C r L ?V J _ CO P- ' CD D ( ? S a 0.. co .9 ( U C7 0 ? I r N 7 ? Q U a7 Clearwater City Commission 9 = o? Agenda Cover Memorandum `r ?> 1 Final Agenda Item # Meeting Date: Nov. 15, 2001 SUBJECT/RECOMMENDATION: Increase the award of contract to URS Corporation Southern. Tampa, Florida, from $359,135 to $521,979 an increase of $162,844 for additional soil remediation at 901-927 Cleveland Street (Parcel B) that is owned by the Community Redevelopment Agency, in accordance with See.2.564 ( 1)(e), Code of Ordinances - impractical to bid (Dimmi t t /Ba11c) , ® and that the appropriate officials be authorized to execute same. SUMMARY: • On June 3, 1999 the City Commission approved the purchase by the CRA of two parcels of land along Cleveland Street (SR 60) for the purpose of residential redevelopment. • On November 16, 2000 the City Commission awarded a contract to Dames and Moore (now URS Corporation Southern) in the amount of $89,500 for the assessment and remediation of petroleum contaminated soils located in the area of two (2) hydraulic lifts removed under a previous contract to Dames and Moore. • On June 18, 2001 the City Commission approved increasing the amount of the contract from $89,500 to $359,135 to provide additional funding to remove an estimated 4,950 tons of petroleum impacted soils. However this removal was delayed due to additional assessment activities required by the Florida Department of Environmental Protection (FDEP) and to date has not been executed. • As a result of the FDEP required assessment activities additional impacted soils containing benzo(a)pyrene and arsenic were discovered increasing the original estimated volume for soil removal to 8,710 tons (an additional 3,765 tons). • The Commission previously approved $359,135 of which $121,979 has been expended leaving a balance of $237,156. Administration recommends approving an additional $162,844 that will create an unexpended balance of $400,000. • The total estimated cleanup cost is $690,700. The City is currently negotiating with the potential developer of the site to contribute to the additional costs of remediation to make the site acceptable for residential redevelopment. An additional City contribution may be required to complete remediation on this site to residential standards. Reviewed by- Legal Info Tech NA Budget Public Works Purchasi ! DCM/ACM Risk Mgmt Other NA Originating Dept: Economic Develo User Dept: Economic Development pj-? Costs $)62,884 Submitted by: City Manager RW 04" Printed on racvciad noner Attachments : Agreement and Environmental Summary available for review at City Clerics Department 91 None Funding Source: Copt?ol Improvement Operating Current Fiscal Year Other X State Brownfields Appropriation Codes: $ 120,778.25 - 181-99976-530100-559-000 $25,120.65 - 181-99824-530100-559-000 16,985.10 - 181-99973-530100-559-000 $ 162,884.00 Total Brownfieids Appropriations Dew 2/98 • $120,778.25 will be provided from State Brownfields Appropriation Account 181-99976 and $25,120.65 from the State Brownfields Appropriation Account 181-99824. These two amounts total $145,898.90 which will be returned to the State if not expended by December 15, 2001. The $16,985.10 balance of the $162,884 will be disbursed from State Brownfields Property Acquisition Appropriation Account 181-99973. • URS has gained full knowledge of this site regarding the vertical and horizontal extent of contamination due to the extensive environmental activities performed to date. • An approximate total of $676,765 of State and Federal Brownfields Funds have been encumbered and or expended on assessment, remediation and demolition activities to date for this project. Currently an additional $162,884 is required for soil remediation activities. The total estimated Brownfields expenditure for this project is $839,609 for all assessment, remediation and demolition activities to prepare the site for development. 2 PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT is made and entered into as of the 29 day of October, 2001 (the Effective Date), by and between CITY OF CLEARWATER, FLORIDA, a municipal corporation, Client), and URS CORPORATION SOUTHERN (Consultant). WITNESSETH: WHEREAS, Client owns property located at 901-927 Cleveland Street, Clearwater, Florida (the "Site"), in Pinellas County, including a former automotive repair and paint shop, former automotive sales offices and showrooms, former automotive service centers, car wash and body repair areas and former gasoline service station that Client is in the process of selling; WHEREAS, the Site has been cleared of structures and hydraulic lifts have been removed; WHEREAS; during the removal of the hydraulic lifts, petroleum contaminated soils with concentrations that are above the residential soil cleanup target levels per Chapter 62-777 Florida Administrative Code (FAC) were encountered at two former lift areas known as HL-1 (outside and south of the former auto center) and HL-5 (inside of the east end of the former Honka Automotive facility); WHEREAS, on September 14, 2000, URS/Dames & Moore performed a limited soil excavation activity to remove approximately 300 cubic yards of contaminated soils in the areas of HL-1 and HL-5; WHEREAS, confirmation soil samples collected from excavation sidewalls indicated that concentrations of benzo (a) pyrene and dibenzo (a,h) anthracene (primary constituents of concern) at both areas HL-1 and HL-5 exceeded residential direct exposure cleanup criteria; 1 R:\waste\proposal\30011,coc\propbsoilrappsaaddendum/doc r w `" WHEREAS, the results of supplemental soil delineation performed from October 2000 to February 2001 by URS/Dames & Moore adequately delineated the extent of petroleum soil contamination (constituents of concern) that exceeds residential direct exposure at areas HL-1 and HL-5; WHEREAS, in April 2001, URS/Dames & Moore prepared a Site Assessment and Remedial Action Plan (SA/RAP) that specifies soil remediation activities, which has been submitted to the Florida DeparL.aent of Environmental Protection (FDEP) for review and approval; WHEREAS, on May 31, 2001, URS completed the collection of additional soil samples at the former oil/water separator (OWS) area, which was located south of the former car wash facility east of the former Honka Automotive building. The results of the soil samples collected indicated benzo(a)pyrene and arsenic was present at concentrations that exceeded the residential criteria; WHEREAS, from June 2001 to October 2001, URS collected additional soil samples across the entire property. Soil samples were collected at 130 locations (80 locations at the southern portion of the property and 50 locations at the northern portion of the property) to evaluate the extent of impacted soil. WHEREAS, in August 2001, URS prepared a Summary Report of Supplemental Soil Delineation .Activities, which presented the results of assessment activities conducted from June 2001 to July 2001. WHEREAS, a risk assessment was conducted by Hazardous Substance & Waste Management Research, Inc., to develop risk-based soil cleanup target levels. The findings risk assessment supported a risk-based residential soil cleanup target level of 2.8 mg/kg for arsenic. 2 RAwast0proposa1\2001`coc\propbsoilrappsaaddendum/doc WHEREAS, a conservative risk-based residential soil cleanup target level of 1.4 mg/kg for arsenic will be used to minimize the potential for deed restrictions on the property, URS has delineated the extent of impacted soil on the property. WHEREAS, Client desires to contract with qualified experts, licensed in the State of Florida, to provide services associated with (1) the proper excavation, removal and disposal of approximately 5,250 cubic yards (7,875 tons) of impacted soils from the southern portion of the property (Alternative No. 1); (2) the proper excavation, removal and disposal of approximately 4,500 cubic yards (6,750 tons) of impacted soils from the southern portion of the property (Alternative No. 2); (3) the proper placement and compaction of clean fill (Alternative No. 2); (4) the collection and analysis of up to 20 confirmation soil samples and three confirmation groundwater samples; (5) preparation of a Rernediation Status Report associated with such activities and (6) attending up to four meetings on behalf of Client. WHEREAS, Consultant represents that it possesses the knowledge, ability, professional skills and qualifications to perform the services needed by Client and covenants to carry out the terms of this Agreement in an expeditious, economical, and professional manner; NOW, THEREFORE, Client and the Consultant agree as follows: ARTICLE I - TERM OF AGREEMENT This Agreement shall remain in effect for one (1) year from the Effective Date. At the end of the year period the Agreement may be extended for a period of time upon mutual agreement of the parties. ARTICLE II - SCOPE OF WORK 3 Uwast0proposa1\2001\co6propNoilrappsaaddendum/doc 1. Consultant represents that it has examined the Site, and/or has conferred with the Site representative listed in Article XIX hereunder before signing this Agreement and is aware of: (i) the readily apparent conditions under which the Work (as defined hereunder) will be performed, including but not limited to, above-ground obstructions and the character and nature of the Work; and (ii) Applicable Law, as defined in Article XIII (3) hereunder, affecting the Work. 2. Consultant shall perform the following tasks as set forth in detail in Consultant's letter proposal to Miles Ballogg, dated October 29, 2001, and as attached hereto as Exhibit A and incorporated by reference ("Work"), in strict compliance with Applicable Law. The Client has requested that Consultant develop work tasks to remove as much soil as possible with available funds. Consultant has prepared work tasks that provides two alternatives. Alternative No. 1 includes the excavation, transport and disposal of approximately 5,250 cubic yards (7,875 tons) of soil with no backfill. Alternative No. 2 includes the excavation, transport and disposal of approximately 4,500 cubic yards (6,750 tons) of soil and the placement and compaction of clean fill. Only impacted soil in the southern portion of the property will be removed. Excavation of soil in the northern portion of the property and soil underlying ]Park Street to the south is not included. In addition, these two alternatives do include the removal of peat below four feet. As part of the Work, Consultant shall undertake the following: Task I: Soil Excavation, Transportation and Disposal (Alternative No. 1) (A): Excavate soil in the southern portion of the property. The limits of excavation will conform to those specified in Consultant's letter proposal dated October 29, 2001. 4 R:\waste\proposal\2001\co0prophsoiI rappsaaddrndurn/doc The limits of excavation are shown in Figure 2, which is attached hereto as Exhibit B. The maximum depth of the excavation will be approximately four feet below existing land surface. At certain locations, the depth of excavation will be two feet below existing land surface. These locations are depicted in Exhibit B (Figure 2). Approximately 5,250 cubic yards (7,875 tons) of soil will be removed. Consultant, and Consultant's properly licensed contractor, will arrange to properly dispose of the excavated petroleum contaminated soils at a thermal treatment facility. Consultant shall provide written verification of disposal fate. Backfill material will not be provided in this alternative. (B): Consultant shall collect up to 20 confirmation soil samples from the excavation area. The soil samples will be analyzed for constituents listed in Exhibit A. (Q: Consultant shall install three monitor wells in order to collect groundwater samples. Groundwater samples will be analyzed for constituents listed in Exhibit A. Task IA: Soil Excavation, Transportation and Disposal (Alternative No. 2) (A): Excavate soil in the southern portion of the property. The limits of excavation will conform to those specified in Consultant's letter proposal dated October 29, 2001. The limits of excavation are shown in Figure 3, which is attached hereto as Exhibit B. The maximum depth of the excavation will be approximately four feet below existing land surface. At certain locations, the depth of excavation will be two feet below existing land surface. These locations are depicted in Exhibit B (Figure 3). Approximately 4,500 cubic yards (6,750 tons) of soil will be removed. Consultant, and Consultant's properly licensed contractor, will arrange to properly dispose of the 5 R:\waste\proposal\2001\coc\propbsoilrappsaaddendum/doc excavated petroleum contaminated soils at a thermal treatment facility. Consultant shall provide written verification of disposal fate. (B): Consultant. shall collect up to 20 confirmation soil samples from the excavation area. The soil samples will be analyzed for constituents listed in Exhibit A. (C): Consultant shall install three monitor wells in order to collect groundwater samples. Groundwater samples will be analyzed for constituents listed in Exhibit A. (D): Provide up to 5,850 cubic yards of clean fill for backfilling the excavated area. 3. Consultant shall consult with Client's attorney prior to preparing any written. report for Task 1 or Task lA and shall submit a draft report to Client's attorney for comment and review. The Consultant shall be responsible for the adequacy, accuracy and sufficiency of any design drawings, surveys or specifications which they have or will develop. At the completion of the Scope of Work, Consultant shall generate a Remediation Status Report. The report shall be signed and sealed by a professional engineer or professional geologist and shall be certified to Client. Consultant shall also provide Client with the appropriate original notices or certificates of disposal ("Certificates") from the appropriate disposal facility(ies) for all impacted soils removed from the site. 4. Consultant acknowledges that time is of the essence in performing all the work under this Agreement and therefore shall complete this investigation as quiclrly as reasonably possible. ARTICLE III - INDEPENDENT CONSULTANT Notwithstanding that the Consultant shall carry out the work covered by this Agreement under the supervision of Client's attorneys, Consultant is an independent professional 6 R:\waste\proposal\2001\co6propbsoilrappsaaddendum/doc contractor, shall perform this Agreement as such, and therefore shall have and maintain complete control over all of its employees, agents, and operations. Neither Consultant nor anyone employed by it shall represent, act, purport to act, or be deemed to be the agent, representative, employee, or servant of Client. ARTICLE IV - COMPENSATION 1. . Fees payable to Consultant for the professional services described in Exhibit A and Article 11 shall be equal to the number of hours actually expended directly on the project by individuals multiplied by the hourly rate for those individuals, plus reimbursable expenses, as defined below. The hourly rates in effect with Consultant are as follows and will be used in completion of the work described in Exhibit A. Associate, Grade 15 - $118/hour Senior Geologist/Engineer, Grade 14 - $94/hour Project Geologist/Engineer, Grade 12 - $68/hour Staff Geologist/Engineer, Grade 10 - $55/hour Clerical/Support Staff, Grade 6/7 - $47/hour CADD/Drafting, Grade 8 - $60/hour Vehicle - $50/day OVA/FID - $50/day Sampling Kit.- $50/sampling event The rates include all direct and indirect costs except reimbursable expenses as defined below. Indirect costs include such items as overhead, profit, and such statutory and customary 7 R:\waste\proposal\2001\coc\propbsoilrappsaaddendum/doc fringe benefits as social security contributions, sick leave, unemployment, excise and payroll taxes, workers' compensation, health and retirement benefits, bonuses, annual leave, and holiday pay. 2. Reimbursable expenses shall mean the actual expenses of Consultant in the administration of this Agreement, including consultants' fees, subcontractors' fees, toll telephone calls and telegrams, reproduction of reports, laboratory use fees, and similar project related items. All other project expenses shall be billed in accordance with Consultant's fee schedules for equipment costs, field chemical analyses, and decontamination supplies, as set forth in Section 5 of Exhibit A. 3. The maximum costs for fees and reimbursable expenses described in this subsection for the work described in Article I1(2)-(3) and Exhibit A is one hundred sixty two thousand, eight hundred eighty four and no cents $162,884.00 ("Base Bid"), (i) The Base Bid tasks include all of the following items: excavation, staging (if required), loading, transportation, testing and proper disposal of soils removed from the southern portion of the property, and all notifications and/or permits necessary to comply with Applicable Laws. Consultant shall transport and properly dispose of any soils removed in accordance with all Applicable Laws. Consultant shall provide Client with copies of all applicable permits and licenses held by the disposal site and a copy of the appropriate disposal site's insurance certificate issued to Consultant, naming Consultant as an additional insured. The laboratory Consultant's subcontracts with to perform services related to this Agreement shall be appropriately certified pursuant to Applicable Laws. Consultant shall ensure that all chemical analysis undertaken pursuant to and in accordance with this Agreement 8 R:lwaste\propo5al\200 1\coc\propbsoilrappsaaddendum/doc shall be conducted in accordance with Applicable Laws, rules, guidelines and specifications relating to quality assurance and quality control. The costs to excavate, transport and properly dispose any excessively contaminated soil offsite will be in accordance with the units rates provided in the Bid Schedule of Exhibit A. An estimate of the amount of clean fill is provided under this Agreement (Alternative No. 2) to replace any excessively contaminated soils which is removed from the Site. (ii) Notice of anv expected cost overruns in excess of the applicable maximum cost stated above shall be given to Client before the costs are incurred and must be necessary to accomplish the services required by this Agreement. Any cost overruns shall also be presented to Client in change order form with justification stated for the necessity of exceeding the applicable maximum cost set forth above. In no event shall the maximum cost be exceeded without prior authorization from Client by written approval of the appropriate change order. Any fees, reimbursable expenses or other costs Consultant incurs in excess of said maximum costs and without written approval of the appropriate change order by Client shall be entirely at Consultant's obligation and expense and the Client shall not be liable for same. 4. Delays not caused by Consultant but resulting from unforeseen occurrences may constitute a Change-of-Scope. "Unforeseen occurrences" include but are not limited to unfavorable weather conditions, strikes, floods, or fires which extend the effort required. Additional effort resulting from such delays will be billed in accordance with Article IV (and invoiced in accordance with Article V), upon prior notice to, and written approval by Client, in accordance with the procedures and requirements of Article IV, Paragraph 5. 9 RAwasce\proposa1\2001\coc\propt)soilrappsaaddendum/doc 5. Services performed at Client's request beyond those defined in Exhibit A shall constitute a Change-of-Scope, will be documented by a change order, and will be billed as outlined above. Upon approval of the change order, such additional wort: shall be carried out in accordance with all of the terms and conditions set forth in this A?ureement. ARTICLE V - INVOICING AND METHOD OF PAYMENT Upon completing the final report, Consultant shall invoice Client for all services rendered under this Agreement. The original invoice for Client and one (1) copy of it shall be submitted to Client, attention of Mr. Miles Ballogg, City of Clearwater, 112 South Osceola Avenue, Clearwater, Florida 33758 with a copy submitted to the attention of Timothy A. Smith, Esquire, Akerman, Senterfitt & Eidson, P.A., 255 South Orange Avenue, 17th Floor, Orlando, Florida 32801. The invoice shall be due and payable according to the Prompt Payment Act, Part VII, Ch. 211, Fla. Stat. Client shall notify Consultant in writing of any amount disputed by Client within thirty (30) calendar days after receipt of invoice; otherwise, it shall be deemed that Client considers all invoice charges acceptable and correct. Consultant's invoice shall provide the following information: 1. Description of services and expenses rendered in a format identifying specific program tasks and expenses and identifying accomplishment of specific Work tasks. 2. Total labor costs as defined in Article IV. 3. A listing of other reimbursable expenses as defined in Article IV, itemized by type of charge. 10 R:\wastelproposa1\?001\w0propbsoif rappsaaddendum/doc 4. A statement comparing the total fees and expenses billed up to and including the date of the invoice to the maximum costs authorized by Article IV. 5. Copies of all subcontractor invoices and any other supporting documentation. Client shall have the right, at Client's own expense, to audit Consultant's books and records relating to this Agreement during the performance period and for one (1) year following termination of the Agreement. Any such audits may be carried out at reasonable intervals and shall be accomplished during normal business hours. Consultant shall not charge Client any additional fee for providing Client with access to such records during said audit. ARTICLE VI -TIME FOR COMPLETION Consultant shall commence the Work within two weeks of receipt of written authorization to proceed ("Commencement Date"), and shall complete each Task in accordance with that certain schedule, set forth in a separate written authorization to proceed with the Work under this Agreement, which written authorization shall be attached to and incorporated into Exhibit A. Any Change-of-Scope as defined in Article IV may extend the time for completion as may be agreed to by Client and Consultant in the change order. Consultant further acknowledges that time is of the essence in the performance of this Work. Because time is of the essence, except for delays resulting from unforeseen circumstances beyond the control of Consultant, for each day that Consultant exceeds the deadlines set forth herein, the total project cost for this Work shall be reduced by the sum of $250.00. 2. Four weeks after completion of the soil removal, receipt of acceptable confirmation soil and groundwater analytical results and receipt of disposal certificates, Consultant shall deliver two (2) copies each of its draft Remediation Status Report, one to Ms. 11 R:\waste\proposal\2001\coc\propbsoilrappsaaddendum/doc Karma Killian, City of Clearwater, 100 South Myrtle Avenue, Suite 220, Clearwater, Florida 33756-5520, and one to Timothy A. Smith, Esquire, Akerman, Senterfitt & Eidson, P.A.., 255 South Orange Avenue, 17th Floor, Orlando, Florida 32801. Four (4) signed and sealed originals of the Remediation Status Report shall be delivered to Client, to the attention of Client's counsel, Timothy A. Smith, Esquire, within three (3) days from Consultant's receipt of Client's comments to the draft report. Any change-of-scope as defined in Article IV may extend the time for completion as may be agreed to by Client and Consultant in the change order. 3. Consultant acknowledges that Client is in the process of selling the Site. Consultant shall coordinate its work under this Agreement with Client's representative so as to avoid or minimize any interference with the sale process, by providing advanced notice of Consultant's activities before entering upon the Site to implement any phase of the work under this Agreement, and by scheduling and conducting the work appropriately. ARTICLE VII - CONFIDENTIAL INFORMATION 1. It is understood that all services to be performed by Consultant pursuant to this Agreement and all written and oral surveys, data, reports, recommendations, or other documents or information generated by Consultant or received from Client in performance of this Agreement are confidential and Consultant shall prevent disclosure of such materials except to the Client and parties designated by Client to receive such information. Consultant shall not use any information (so required to be treated as confidential) for any purpose except in furtherance of Consultant's obligations under this Agreement. Should Consultant be 12 R:\wast6proposal\2001\co6propbsoilrappsaaddendum/doc requested to disclose such materials by any person, whether by court process or otherwise, it shall promptly notify Client. 2. Should the Consultant receive any trade or business secrets of Client, it shall treat such information as confidential and shall not disclose same to any person. Should Consultant be requested to disclose any such trade or business secrets l)y any person, whether by court process or otherwise, it shall promptly notify Client. 3. . Should Client receive any trade or business secrets of Consultant or techniques and procedures of Consultant which Consultant designates as confidential, it shall treat such materials as confidential and shall prevent their disclosure. Should Client be requested to disclose such material by any person, whether by court process or otherwise, it shall promptly notify Consultant who shall be responsible for protecting the confidentiality of such materials in the manner that Consultant deems appropriate. 4. Consultant shall not name or otherwise identify or refer to Client as a representative client for any purposes without first obtaining the written consent of Client. 5. Title to all notes, memoranda, plans, drawings, specifications, designs, sketches, models, programs, software, reports, and other tangible documents produced by Consultant pursuant to this Agreement shall be and remain the sole and exclusive property of Client. Consultant may retain copies of the above work product. 6. The terms and conditions of this Article shall survive the termination of this Agreement. 7. Except to the extent determined as public record, pursuant to §119.02, Fla. Stat., the above shall remain confidential. 13 R:\waste\proposal\2001\coc\propbsoilrappsaaddendum/doc ARTICLE VIII - LIENS Consultant shall promptly discharge its obligations to its laborers, materialmen, subcontractors, and creditors and shall ensure that its subcontractors do likewise. In the event that any subcontractor, materialman, or creditor of Consultant shall file alien for payment of services or material related to this Agreement, Client shall notify Consultant and Consultant shall indemnify Client from and against any, liability, claim, demand, damage, cost, and expense, including attorneys' fees and litigation costs, provided the lien arises from services or materials supplied pursuant to the performance of the Work under this Agreement by Consultant or any of its subcontractors. The provisions of this Article shall survive any termination or expiration of this Agreement, notwithstanding payment or settlement between parties unless any such settlement is in writing and such writing explicitly refers to this Article. Consultant shall certify payment of all subcontractors by execution of the Final Affidavit attached as Exhibit C. ARTICLE IX - CLEAN UP At the completion of the Work, Consultant shall clear the Site and surrounding premises of all debris, rubbish and any wastes associated with the work caused by Consultant's operations hereunder, including without limitation, any solid or liquid and other investigative derived wastes that are generated or otherwise associated with the installation of any groundwater wells or soil borings required under this Agreement or by Applicable Law. Consultant shall be responsible for the proper treatment storage and disposal of such debris, rubbish or wastes. ARTICLE X - TERMINATION 14 R:\waste\proposa1\2001\coc\propbsoilrappsaaddendumldoc 1. Client reserves the right to terminate this Agreement at any time, for any reason, upon ten (10) days' written notice to Consultant. If Client fails to make timely payment of any sum owed to Consultant, Consultant shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement upon thirty (30) days' written notice to Client. In either event, payment shall be due to Consultant only for those services performed by Consultant up to the date of receipt of written notice of termination. Upon termination, Consultant shall, upon payment by Client of any sum owing and due, provide and turn over to Client all environmental data, analyses, drawings and reports prepared up to and including the date of such termination. 2. Each of the following events shall constitute a default by Consultant for purposes of this section: (a) commencement of proceedings by or against Consultant under any law relating to bankruptcy or insolvency; (b) refusal or failure of Consultant to comply with Applicable Law, or orders of any public authority having jurisdiction over Consultant which affects performance of the Work under this Agreement or Consultant's licensure; and (c) failure by Consultant to reasonably comply with any of the terms or conditions of this Agreement. Within a reasonable time after Client has knowledge of the affective cause for termination, Client shall notify Consultant in writing of said cause and Consultant shall have up to seven (7) days thereafter within which to cure such default, providing Consultant is able to cure the default and complete the Work within the time prescribed. In the event Consultant refuses or is unable to cure said default within said time period, Client shall have the right to terminate this Agreement forthwith. Consultant shall promptly assign to Client or a designee of Client such contracts and purchase orders as Client shall request to be assigned in connection with the Work. Upon any termination hereunder, Consultant shall be entitled to 15 R:\waste\proposa1\2001\co6propbsoilrappsaaddendum/doe V9 payment for the Work performed prior to termination as provided below. Upon completion of the Work or at such time as Client elects not to complete the Work, Client shall pay to Consultant the amount by which sums due to Consultant at the time of termination for Work theretofore performed exceeds the loss and damage of Client directly attributable to the default. In the event that the loss and damage to Client directly attributable to the default exceeds the amount due to Consultant provided for herein, Consultant shall be liable to Client in the amount of such excess and shall promptly pay such amount according to Article V, provided such costs to complete the Work are satisfactory to the Client. ARTICLE XI - INSURANCE Consultant shall, at its sole cost and expense, at all times during this Agreement, maintain such insurance as will protect it from claims under workers' compensation laws, disability benefit laws or other similar employee benefit laws; from claims for damage because of bodily injury, occupational sickness or disease, or death of its employees, and claims insured by usual personal injury liability coverage; from claims for damages because of bodily injury, sickness or disease, or death of any person other than its employees including claims insured by usual personal injury liability coverage; and from claims for injury to or destruction of property, including loss of use resulting therefrom -- any or all of which may arise out of or result from any action of Consultant, its employees or its subcontractors in its performance of this Agreement. Throughout the term of this Agreement, Consultant shall maintain liability insurance coverage for property damage, bodily injury, contractual liability, and personal injury in an amount of at least $1,000,000.00 combined single limit and professional liability insurance coverage in an amount of at least $1,000,000.00 per loss. 16 R:\waste\proposa1\2o01\coc\propbsoilrappsaaddendurn/doc All such insurance required hereunder shall be with companies and on forms acceptable to the Client, which identify Client as additional named insured and shall provide that the coverage thereunder may not be reduced or canceled unless thirty (30) days prior written notice is furnished to Client. Consultant shall furnish Client with Certificates of Insurance at the time of execution of this Agreement by Consultant. Client's failure to receive the Certificates of Insurance prior to performance of work by Consultant shall not be deemed a waiver of Consultant's obligations to procure and maintain the insurance specified herein. Receipt and acceptance of the Certificates of Insurance or other similar document does not constitute acceptance or approval of amounts or types of insurance which may be less than required by this article. ARTICLE XII - TAXES Unless otherwise noted herein, all prices and rates include all applicable taxes. Consultant shall pay, when due, all local, state, and federal taxes applicable to the performance of the work under this Agreement. ARTICLE XIII - REPRESENTATIONS, WARRANTY AND LIABILITY 1. Consultant warrants that its services under this Agreement shall be performed in a thorough, efficient, and workmanlike manner, promptly and with due diligence and care, and in accordance with that standard of care and skill ordinarily exercised by members of the profession doing similar work. 2. Consultant represents that it has received, reviewed and is otherwise familiar with the Assessment Reports associated with the Site. 17 R:\waste\proposal\2001\coc\propbsoilrappsaaddendum/doc 3. Consultant represents and warrants that all services performed under this Agreement shall be in full compliance with all applicable federal, state and local statutes, laws, rules, regulations, codes, orders, plans, injunctions, decrees, rulings or ordinances, or judicial or administrative interpretations thereof, whether currently in existence or hereafter amended, enacted or promulgated, including without limitation, the Occupational Safety and Health Act ("OSHA"), 40 Code of Federal Regulations Part 280, Subpart G, Chapter 62-761, F. A . C. and Florida Department of Environmental Protection ("FDEP") guidance "Pollutant Storage Tank Closure Assessment Requirements." (collectively, the "Applicable Law"). 4. Consultant shall have an approved Comprehensive Quality Assurance Plan ("ComQAP") on file with the Department which shall apply to all sampling and analysis undertaken pursuant to and in accordance with this Agreement. The ComQAP shall have been prepared in accordance with the requirements set forth in Chapter. 62-160, F.A.C., as amended from time to time. All Work shall be done in accordance with the FDEP-approved ComQAP. 5. Any laboratories Consultant subcontracts with to perform services related to this Agreement shall be appropriately certified under Applicable Law. Consultant shall ensure that all chemical analyses undertaken pursuant to and in accordance with this Agreement shall be conducted consistent with all applicable rules, regulations, guidelines and specifications relating to quality assurance and quality control. If re-sampling is required because of invalid data, Consultant shall perform or arrange for re-sampling at no cost to Client. Client may require re-analysis of all parameters for the sample(s) of concern. 6. Consultant agrees to indemnify, save harmless and defend Client, its officers, directors, shareholders, partners, employees, agents and assigns from and against any and all liabilities, claims, penalties, forfeitures, suits, and the costs and expenses incident thereto 18 RAwaste\proposa1\2001\eoc\propbsoilrappsaaddendum/doc (including costs of defense, settlement and reasonable attorneys' fees), which Client, or its officers, directors, shareholders, partners, employees, agents and assigns may hereafter incur, become responsible for or pay out as a result of death or bodily injuries to any person, destruction or damage to any property, contamination of or adverse effects on the environment, or any violation of Applicable Law, caused by (i) Consultant's breach of any term or provision of this Agreement; or, (ii) any negligent or willful act or omission of Consultant, any subcontractor, and their respective officers, directors, employees or agents in the performance of this Agreement. The terms and provisions of this indemnification paragraph shall survive the termination of this Agreement. 7. Consultant further represents and warrants that Consultant and its agents, employees, contractors and subcontractors are authorized, licensed and permitted under Applicable Law to perform Consultant's obligations under this Agreement, including without limitation, the labeling, manifesting, handling, transporting, treating and disposing of all excessively impacted soils removed from the Site, and, in the event Consultant, contractor, subcontractor or any of them loses its license or permitted status or is otherwise in violation of any Applicable Law, hereafter during the term of this Agreement, Consultant shall promptly notify Client in writing. Consultant shall timely file all required notices with all appropriate government regulatory agencies and shall obtain all permits, licenses and/or approvals required by Applicable Law to complete said Work. 8. Consultant shall require any subcontractor performing Work at the Site to carry, and to name, Client as an additional insured on insurance policies having the same coverage and limitations as those described in Article XI of this Agreement and to indemnify the Client to the same extent as set forth by Section XIII (6) of this Agreement, provided however, that 19 RAwast6proposa1\2001\coc\propbsoilrappsaaddemium/doc such indemnity shall be limited to those Claims arising from or associated with that portion of the Work covered by the applicable subcontract. 9. Consultant shall be fully responsible to the Client for the acts of all subcontractors and of persons directly or indirectly employed by the subcontractors to the same extent as for any negligent or willful act or omission of Consultant, its employees, agents, contractors or subcontractors or their respective officers, directors, employees or agents, in the performance of this Agreement. 10. Consultant represents that it has, or will secure at its own expense, all personnel required in its performance of the services described in this Agreement. Consultant shall be responsible for supervision and direction of the performance of services by Consultant's employees and the services of any approved subcontractor. Client reserves the right to review the qualifications of any individuals assigned by Consultant to carry out the Work and the right to reject those which are not in the Client's reasonable opinion qualified. This in no way relieves Consultant of the obligation to select and assign qualified personnel to provide these services or of the liability incurred therefrom. ARTICLE XIV -PERMITS 1. Consultant warrants that it has, or will secure by the time the Work commences, all notices, permits or approvals which are required for the Work to be performed hereunder, and shall timely file all required notices with the appropriate governmental regulatory agencies/departments. Consultant shall furnish to Client, upon request, copies of all such notices, permits and approvals. Consultant shall give Client oral notice, followed with written notice, of the modification, revocation, or cancellation of, or decision not to renew, any permit 20 R:\waste\proposal\2041\co0propbsoitrappsaaddendum/do: or approval necessary for the work to be performers. Client shall be responsible for providing to Consultant all required construction drawings, designs or plans required for permitting the Work. Client shall also be responsible for filing the appropriate notices of commencement required under Chapter 713, Florida Statutes. 2. Except as otherwise provided herein, if any change occurs with respect to any Applicable Laws associated with the rights or obligations contained in this Agreement, either party shall have the option to immediately terminate this Agreement if the change affects a material provision of this Agreement or to have the terms of this Agreement renegotiated to bring this Agreement and the respective obligations or rights of the parties into compliance with such change or changes. ARTICLE XV -PROHIBITION OF TRANSFER Consultant shall not sell or transfer any excessively impacted soils or Disposal Material covered under this Agreement, except as provided fo: herein. ARTICLE XVI -HEALTH AND SAFETY PLAN Consultant shall prepare a Health and Safety Plan in accordance with the requirements of Applicable Law, which shall be submitted to Client before commencement of the Work. The attached Exhibit D is a list of issues to be addressed in the Health and Safety Plan ("Plan"), as applicable, which Plan shall be delivered to Client not less than ten (10) business days prior to the commencement of the Work. The list is merely advisory and is not intended to provide a complete statement of safety-related issues. Consultant shall comply with, and instruct and cause its employees, subcontractors, and their respective employees, to comply 21 R:\waste\proposaI\200I\coc\propbsoilrappsaaddendum/doc with any and all safety equipment requirements needed in order to safely perform the Work. Consultant shall immediately report to Client the occurrence and cause of an}, death, disease, or injury at the Site believed to be related to the Work. Consultant shall arrange for first aid treatment for job-incurred injuries in accordance with the requirements of its worker's Plan or this section and the action to be taken. Consultant shall (immediately, if so directed, otherwise in not more than forty-eight (48) hours after receipt of such notice) make all reasonable efforts to correct the existing conditions which were associated with or contributed any of the aforementioned death, disease, or injury at the Site believed to be related to the Work. If Consultant fails to do so, Client may stop all or any part of the Work hereunder. When satisfactory corrective action is taken by Consultant, a start order will be issued by Client. No part of the time lost due to any such Work stoppage shall be made the subject for claim for extension of time or for additional costs or damages by Consultant. ARTICLE XVII -INSPECTIONS Client or its representatives shall have the right to inspect and obtain copies of all written licenses, permits, or approvals issued by any governmental entity or agency to Consultant, or its contractors or subcontractors, which are applicable to the performance of the Work under this Agreement; to inspect and test, at its own expense, transportation vehicles or vessels, containers, or disposal facilities provided by Consultant; and to inspect the handling, loading, transportation, storage or disposal operations conducted by Consultant in the performance of this Agreement. Notwithstanding the foregoing, nothing contained herein or elsewhere in this Agreement shall require Consultant to disclose to Client or permit Client to examine proprietary or confidential information of Consultant. 22 R:\waste\proposal\2001\coc\propbsoilrappsaaddendum/doc ARTICLE XYIII -CONFLICT OF INTEREST Consultant shall accept no employment for its services that would conflict with its representations of Client pursuant to the terms of this Agreement. ARTICLE XIX - NOTICE Any Notice to be given under this Agreement shall be in writing and delivered to address of the respective party listed below: To Client: Miles Ballogg CITY OF CLEARWATER 112 South Osceola Avenue Clearwater, Florida 33756 Tel: (727) 562-4023 Fax: (727) 562-4075 with a copy to: Timothy A. Smith, Esquire AKERMAN SENTERFITT & EIDSON, P.A. P.O. BOX 231 Orlando, Florida 32802-0231 Tel. (407) 843-7860 Fax (407) 843-6610 Tb Consultant: Mr. Edwin W. Siersema, Jr., P. G. URS CORPORATION SOUTHERN 7650 West Courtney Campbell Causeway Tampa Florida 33607 Tel. (813) 286-1711 Fax (813) 636-2499 ARTICLE XX - AGENCY CONTACTS 23 RAwaste\proposalt.001\eoc\propbsoitrappsaaddendum/doc Consultant shall not contact, negotiate or otherwise confer with the United States Environmental Protection Agency, State of Florida Department of Environmental Protection, or local environmental agency personnel regarding its services to be performed pursuant to this Agreement without first providing advance notice to Client and receiving approval from Client for such activity. ARTICLE XXI - DISPUTES In connection with any legal proceeding brought to enforce the terms and conditions of this Agreement, each party shall be responsible for its own costs, expenses and reasonable attorneys' and paralegals' fees incurred. ARTICLE XXII - GOVERNING LAW All parties agree that this Agreement and the contents thereof are to be interpreted and enforced pursuant to the laws of the State of Florida. Any action at law, suit in equity, or judicial proceeding for the enforcement of this Agreement or any provision hereof shall be instituted and maintained only in the courts of the County of Pinellas, State of Florida, and Consultant hereby consents to the jurisdiction of said courts. ARTICLE XXIII - ENTIRE AGREEMENT This Agreement supersedes any and all oral or written agreements and understandings heretofore made relating to the subject matter hereof and contains the entire agreement of the parties relating to the subject matter hereof. Consultant acknowledges and agrees that the 24 R:\waste\proposal\21001\coc\propbsoilrappsaaddendum/doc terms and conditions of the Agreement, including without limitation, any warranty and/or indemnity provisions, shall in no way be modified, amended or replaced by any conflicting, limiting or contradictory provisions enunciated in any preprinted terms or condition, proposal, report, purchase order, work order, invoice or other document generated by the Consultant for the Client associated with the Site. Client's failure to object to such conflicting, limiting and/or contradictory language shall not be deemed a waiver of Consultant's obligations under the express terms and conditions set forth in this Agreement. Receipt and acceptance of any preprinted terms or condition, proposal, report, purchase order, work order, invoice or other documentation associated with the Agreement, including without limitation, any warranty and/or indemnity provisions, shall not constitute acceptance or approval of any terms or conditions which may conflict, limit or contradict the express terms and conditions of this Agreement, even if such documents are signed by representatives of both parties. [REST OF PAGE LEFT INTENTIONALLY BLANK] 25 R:\waste\proposa1\200Dcoc\propbsoiIrappsaaddendum/doc 19 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on their behalf by their respective representatives, each such representative having been first duly authorized so to act, as of the Effective Date hereinabove written. URS CORPORATION SOUTHERN By : Name: Thomas H. Turton, P.E. Title: Vice President CITY OF CLEARWATER., FLORIDA Countersigned: BY: BY: NAME: Brian J. Aungst NAME: William B. Horne, III TITLE: Mayor-Commissioner TITLE: City Manager Approved as to form: Attest: BY: BY: NAME: Pamela K. Akin NAME: Cynthia E. Goudeau TITLE: City Attorney TITLE: City Clerk DATE: 26 R:\waste\proposal\2001\coc\propbsoilrappsaaddendum/doc October 29, 2001 EXHIBIT A Mr. Miles Ballogg City of Clearwater Economic Development Team 112 South Osceola Avenue Clearwater, Florida 33758-4748 Re: Proposal Addendum - Soil Remediation Property B - 901-927 Cleveland Street Clearwater, Florida Dear Mr. Ballogg: 1.0 INTRODUCTION 1JRS Corporation (URS) is pleased to submit this proposal to the City of Clearwater, which presents the scope of work for environmental services to be performed at the above-referenced property. Specifically, this proposal includes the tasks, schedule and estimated fee for soil reinediation. This proposal is submitted in response to your recent request and the analytical results of soil samples collected in hydraulic lift areas HL-1 and HL-5 and the former oil/water separator (OWS) at the former car wash area. 2.0 BACKGROUND In June 2000, twelve hydraulic lifts were removed from the subject property prior to site demolition. One hydraulic lift (FIL-1) was located south of the auto repair facility. Five hydraulic lifts (HL-2 through HL-6) were located in the Honka Automotive area and six hydraulic lifts (HL-7 through HL-12) were located in the Caseber furniture warehouse area. Visibly contaminated soil was observed in the area surrounding hydraulic lift HL-1. A minor amount of visibly impacted soil was observed in the area surrounding hydraulic lift HL-5. Visibly impacted soil was not observed at the remaining hydraulic lift areas. On September 14, 2000, approximately 300 cubic yards of soil was removed from the hydraulic lift areas HL-1 and HL-5. Post-excavation confirmation soil sampling indicated that a soil sample collected at hydraulic lift HL-1 contained concentrations of total recoverable petroleum hydrocarbons (TRPH), benzo (a) pyrene, 1-methylnaphthalene, 2-methy1naphthalene and naphthalene at concentrations that exceeded residential direct exposure or leachability soil cleanup target levels as established in Chapter 62-777, Florida Administrative Code (FAC). Confirmation soil samples collected at hydraulic lift HL-5 contained benzo (a) pyrene at concentrations that slightly exceeded the residential direct exposure soil cleanup target level of 0.1 milligrams per kilogram (mg/kg). Mr. Miles Ballogg October 29, 2001 Page 2 Supplemental soil delineation was performed at the two excavation areas (HL-1 and HL-5) from October 2000 to February 2001. Based on the analytical results obtained during these soil delineation activities, the lateral extent of impacted soil at both areas have been adequately delineated. URS subsequently prepared a combined Site Assessment and Remedial Action Plan (SATRAP) for Property B dated April 2001. This document included a detailed summary of previous site assessment activities, a summary of interim. removal activities and supplemental soil delineation activities. This document also included the proposed remedial action to address impacted soil at excavation areas HL-1 and HL-5. The SATRAP was prepared in conjunction with a Brownfield Site Rehabilitation Agreement (BSRA) between the City of Clearwater and the Florida Department of Environmental Protection (FDEP). The SATRAP has been submitted to the FDEP for review and approval. The scope of work and cost estimate, presented in this proposal, are based upon the SATRAP that was submitted to the FDEP. If the FDEP modifies the scope of work provided in this proposal, an addendum to the cost estimate will be provided to the City of Clearwater. The FDEP has provided initial comments to the SA/RA-P. The FDEP required the collection of additional soil samples at the former OWS located south of the former car wash building, which was located in the south central portion of the subject property, east of the former Honka Automotive. URS completed the collection of soil samples in this area on May 31, 2001. Soil samples were collected at four locations (OWS-1 through OWS-4) from the surface to four feet below land surface at two-foot intervals and surveyed in the field using and Organic Vapor Analyzer (OVA). The OVA readings were below background in all samples except for the soil sample collected at OWS-1 at a depth of 2 feet to 3.5 feet. This sample had an adjusted OVA (unfiltered reading minus the charcoal filtered reading) value of 2 parts per million (ppm). Based on the OVA response, two soil samples (surface to 2 feet and then 2 feet to 3.5 feet) were collected at the OWS-1 location. The samples were analyzed for volatile organic compounds by EPA Method 8260, semi-volatile organic compounds by EPA Method 8270 and the eight RCRA metals. Benzo(a)pyrene was detected at a concentration of 0.38 milligrams per kilogram (mg/kg) in the 0 foot to 2-foot sample, which is above the Residential criteria of 0.1 mg/kg. Arsenic was detected at a concentration of 5.2 mg/kg in the 2 foot to 3.5-foot sample, which is above the residential criteria of 0.8 mg/kg. From June 2001 to October 2001, URS collected additional soil samples across the entire property. Soil samples were collected at 130 locations on the subject property. Soil samples were collected at 80 locations at the southern portion of the property and soil samples were collected at 50 locations at the northern portion of the property. In August 2001, URS prepared a Summary Report of Supplemental Soil Delineation Activities, which presented the results of assessment activities conducted from June 2001 to July 2001. Concurrent with supplemental soil delineation activities, a risk assessment was conducted by Hazardous. Substance & Waste Management Research, Inc., (HSNVMR). The primary focus of the C:\WINDOWS\TL•MP\dimmittbsoiIremoval l l .doc Mr. Miles Ballogg October 29, 2001 Page 3 risk assessment was to develop risk-based soil cleanup target levels for arsenic. Based on the findings presented in the draft Focused Risk Assessment Report prepared by HSWMR in October 2001, a risk-based soil cleanup target level of 2.8 mg/kg was developed for residential land use. Although a risk-based soil cleanup target level of 2.8 mg/kg for residential land use was proposed in the Focused Risk Assessment Report, it has been agreed that a more. conservative risk-based residential soil cleanup level of 1.4 mg/kg will be used. The selection of this conservative value was based on the preference to minimize the potential for deed restrictions with respect to exposure to soil. In addition, the lower value of 1.4 mg/kg is proposed since the FDEP has not yet approved the proposed risk-based soil cleanup criteria of 2.8 mg/kg. Given these parameters, URS has delineated the extent of impacted soil on the subject property. Areas of impacted soil are depicted on Figure 1, which is attached. URS has estimated the amount of soil that will require removal at the subject property and associated costs. These estimates are provided in Table A, which is attached. This table allso presents several options for soil removal in the northern portion of the property. Our calculations indicate that approximately 6,190 cubic yards/9,290 tons of soil in the southern portion of the site will require removal. The amount of soil that will require removal at the northern portion of the site will vary from 1,055 cubic yards/1,585 tons to 1,940 cubic yards/2,910 tons. 3.0 WORK ACTIVITIES The City of Clearwater has indicated that funds in the amount of $400,000 are available to perform soil removal activities. The City of Clearwater has requested that URS develop a scope of work to remove as much soil as possible with available funds. URS has prepared a scope of work that provides two alternatives. The first alternative includes the excavation, transport and disposal of soil without providing backfill material. The second alternative includes backfill material and associated placement and compaction. Based upon the available funds and estimated quantities of soil, only the impacted soils in the southern half of the subject property will be excavated. Excavation of soil in the northern half of the site and soil underlying Park Street to the south is not included. In addition, these alternatives do not include the removal of peat below four feet. Based on this monetary limit, IJRS estimates that approximately 85 % of soil in the southern portion of the property (5,250 cubic yards/7,875 tons) could be removed if no backfill material is provided (see Section 3.2.1, Alternative No. 1). The limits of excavation, based on this alternative is provided in Figure 2. URS estimates that approximately 73 % of soil in the southern portion of the property (4,500 cubic yards/6,750 tons) could be removed if backfill material is provided (see Section 3.2.2, Alternative No. 2). The limits of excavation, based on this second alternative is provided in Figure 3. 3.1 PROJECT MANAGEMENT C:\WINDOWS\TEMP\dimmittbsoilrcmoval I I.doc Mr. Miles Ballogg October 29, 2001 Page 4 URS will assemble the appropriate project team to conduct the scope of work outlined herein. This task includes project management, which consists of project planning, preparation and contracting with the selected site contractor and laboratory. In addition, as required by the State of Florida, URS will contact the local agency for underground utility clearance. 3.2 SOIL REMOVAL AND DISPOSAL 3.2.1 Alternative No. 1 Approximately 5,250 cubic yards/7,875 tons of soil will be removed from the southern portion of the property. The limits of excavation are shown in Figure 2. Soil will be excavated and loaded directly onto trucks that will transport this material to a thermal treatment facility. If it is necessary to stockpile soil, the material will be placed on and completely covered with visqueen on site. Prior to excavation activities, soil samples will be collected for pre-burn analysis. Based on the amount of soil that will be removed and in accordance with the requirements of Chapter 62-713, FAC, 14 soil samples will be collected for pre-bum analysis. Soil samples will be collected within the limits of the area to be excavated. The soil samples will be forwarded to a certified laboratory and analyzed for volatile organic halocarbons (EPA Method 8260), polychlorinated biphenyls (EPA Method 8082), total organic halogens (EPA Method 9023), TRPH using the FL-PRO method, arsenic, cadmium, chromium, and lead. Approval of this material by a thernlal treatment facility will be secured prior to excavating activities. 3.2.2 Alternative No. 2 Approximately 4,500 cubic yards/6,750 tons of soil will be removed from the southern portion of the property. The limits of excavation are shown in Figure 3. Soil will be excavated and loaded directly onto trucks that will transport this material to a thermal treatment facility. If it is necessary to stockpile soil, the material will be placed on and completely covered with visqueen on site. Prior to excavation. activities, soil samples will be collected for pre-burn analysis. Based on the amount of soil that will be removed and in accordance with the requirements of Chapter 62-713, FAC, 13 soil samples will be collected for pre-bum analysis. Soil samples will be collected within the limits of the area to be excavated. The soil samples will be forwarded to a certified laboratory and analyzed for volatile organic halocarbons (EPA Method 8260), polychlorinated biphenyls (EPA Method 8082), total organic halogens (EPA Method 9023), TRPH using the FL-PRO method, arsenic, cadmium, chromium, and lead. Approval of this material by a thermal treatment facility will be secured prior to excavating activities. Following receipt of confirmation soil sample analytical results (see Section 4.3), the excavated areas will be filled with clean soil in 12-inch lifts above the water table and compacted to 95% of the modified Proctor. CAWINDOWS\TCh1P\dimmittbsoiIremoval l l .doc Mr. Miles Ballogg October 29, 2001 Page 5 3.3 SITE CONTROL AND SURVEYING Prior to excavation activities, a chain link fence will be installed around the perimeter of property to provided site control. In addition, a certified surveyor will survey surface elevations and establish coordinates of the excavation limits to obtain a base map of the excavation area of the southern portion of the subject property. Spot elevations will also be obtained v.'ithin the area of excavation. These spot elevations will be used to establish vertical control for soil removal activities. 3.4 CONFIRMATION SOIL SAMPLING AND ANALYSIS Since the delineation of soil removal will predominantly lie along the lines of samples already showing no detectable contamination, sidewall confirmation soil samples will be limited to the northwest portion of excavation area (i.e., the area north of sample locations G-1 through G-5) as shown on the attached figures. Sidewall confirmation samples will not be collected in the other areas. Confirmation soil samples will be collected from the bottom of the excavation that extends to a depth of four feet below land surface. For the purposes of this proposal, URS assumes that a total of 20 confirmation soil samples will be collected. Soil samples will be placed in laboratory-supplied containers. The containers will be labeled and immediately placed in an ice-filled cooler. Chain-of-Custody forms will be completed following sample collection. The samples will be forwarded to a certified laboratory and analyzed for polynuclear aromatic hydrocarbons (EPA Method 8270) and arsenic. 3.5 CONFIRMATION GROUNDWATER SAMPLING AND ANALYSIS Although groundwater samples have been collected in the vicinity of excavation areas HL-1, HL-5 and OWS areas, confirmation groundwater samples will be collected following the eventual placement of clean fill. A monitor well will be installed in the vicinity of hydraulic lift HL- 1 and a monitor well will be installed in the vicinity of hydraulic lift HL-5. In addition, a monitor well will be installed in the central are of the OWS excavation area. These monitor wells will be installed to a depth of approximately 13 feet below land surface using a drill rig equipped with hollow stem augers. The monitor wells will be constructed of two-inch diameter Schedule 40 PVC casing with ten feet of 0.01-inch slotted Schedule 40 PVC screen. The annulus of each well will be backfilled with standard silica sand (gradation 20/30) to approximately 1.5 feet above the screen, followed by a one foot fine sand seal (gradation 30/65). Neat cement will be used to fill the remaining well annulus to ground surface. The monitor wells will be provided with concrete pads, flush-mounted manhole covers and sealed with locking caps. The wells will be developed until the discharge is relatively clear and free from fine sand sediments. Development water and soil generated during well installation will be contained in 55-gallon drums. C:\W INDOWs\'rEM I"ldimmittbsoi iremowal 11.doc Mr. Miles Ballogg October 29, 2001 Page 6 The newly installed monitor wells will be allowed to equilibrate for a minlnlurll of 72 hours following installation and development. Following equilibration of the wells, groundwater samples will be collected. Prior to sampling, each monitor well will be purged with a peristaltic pump of a minimum of three well casing volumes. During purging, measurements of temperature, conductivity, and pH will be made for each well casing volume. Upon stabilization of the field parameters, or after purging five well casing volumes, the wells will be sampled. The groundwater samples will be collected using dedicated, laboratory-supplied teflon bailers. The groundwater samples will be placed in laboratory-supplied containers. The containers will be sealed, labeled, and immediately placed in an ice-filled cooler. A Chain-of-Custody form will be completed and the samples will be delivered to a certified laboratory for analysis. The,( roundwater samples will be analyzed for polynuclear aromatic hydrocarbons (EPA Method 8270) and TRPH using the FL-PRO method. For quality assurance purposes, a pre-cleaned equipment blank will be collected and analyzed for the parameters listed above. The groundwater samples collected in the OWS area will also be analyzed for total and dissolved arsenic. 3.6 DATA EVALUATION AND REPORTING Upon completion of the activities described in Sections 3.2 through 3.5, URS will prepare a Remediation Status Report. This report will include a summary of field activities, an evaluation of analytical results, conclusions, and recommendations. This report will also include copies of manifests and certificates of disposal for excavated soil. This report will be signed and sealed by a professional geologist or engineer. 3.6 MEETINGS URS will attend meetings to provide technical assistance to the City of Clearwater. For the purposes of this proposal, URS will assume that four meetings will be required. 4.0 SCHEDULE URS will mobilize to the site upon receipt of written authorization to proceed. Soil removal and/or backfill activities are estimated to require four to five weeks. Monitor wells will be installed within one to two working days following placement of backfrll. The Remediation Status Report will be provided three to four weeks following receipt of all laboratory results and disposal records. 5.0 ESTIMATED PROJECT FEES URS proposes to perform the scope of work herein on a time and expense basis in accordance with the Professional Services Agreement between URS and the City of Clearwater. A 5% handling C:\WINDOWS\TEM I'\dimmittbsoilrcmoval I l .doc Mr. Miles Ballogg October 29, 2001 Page 7 charge for subcontractors will be waived for this project. However, URS will require payment within two weeks of submittal of invoices. Unit costs and estimated fees for the contractor work are provided in the Bid Schedule. URS and contractor fees for both alternatives are provided below: 5.1 AL'T'ERNATIVE NO. 1 Task Description URS Subcontractors Project Management $4,500 $0 Soil Removal and Disposal $17,150 $5040 Confirmation Soil Sampling and Analysis so $2,500 Confinmation Groundwater Sampling and Analysis $1,300 52,270 Fencing and Surveying $0 $14,000 Data Evaluation and Reporting $105000 $0 (5 copies of signed/sealed report) Meetings $5,000 $0 Estimated Project Subtotal $375950 523,810 Estimated Project Total $611760 BID SCHEDULE SOIL REMOVAL AND DISPOSAL 901-927 CLEVELAND STREET CLEARWATER, FLORIDA The total quantities for soil removal, disposal and backfilling are estimated and may vary based on conditions in the field. The unit cost will be used if more or less is encountered. URS has selected Advantage Environmental Services, Inc., to provide contractor services. The contractor is responsible for providing all labor, equipment and materials to complete the work. BID ITEM UNIT OTY UNIT COST TOTAL Mobilization LS 1 $2,500 $2,500 Excavation, stockpiling and loading of impacted Ton 7,875 $5.51 $43,400 C:\WINDOWS\TENIP\dimmittbsoilrcmoval I I.doc W Mr. Miles Ballogg October 29, 2001 Page 8 soil, includes labor and equipment and materials Transporting and disposal of impacted Ton 77875 $32.20 $253,575 soil for thermal treatment Estimated Project Subtotal from Bid Schedule 5299,475 Estimated Total Project Fees $361,235 Estimated Total Project Fees with Contingency $400,000 (Amount Remaining from Original Purchase Order No. 699 0000027219 000) [$237,116] Estimated Additional Funds Required $162,884 5.2 ALTERNATIVE NO. 2 Task Description URS Subcontractors Project Management $4,500 $0 Soil Removal and Disposal $14,950 $4,680 Confirmation Soil Sampling and Analysis $0 $2,500 Confirmation Groundwater Sampling and Analysis $1,300 $2,270 Fencing and Surveying $0 $14,000 Data Evaluation and Reporting $10,000 $0 .(5 copies of signed/sealed report) Meetings $5,000 $0 Estimated Project Subtotal $35,750 $23,450 Estimated Project Total $59,200 BID SCHEDULE SOIL REMOVAL AND DISPOSAL 901-927 CLEVELAND STREET CLEARWATER, FLORIDA C:\WINDOWS\TEMP\dimmittbsoilremovall t.doc Mr. Miles Ballogg October 29, 2001 Page 9 The total quantities for soil removal, disposal and backfilling are estimated and may vary based on conditions in the field. The unit cost will be used if more or less is encountered. URS has selected Advantage Environmental Services, Inc., to provide contractor services. The contractor is responsible for providing all labor, equipment and materials to complete the work. BID ITEM UNIT QTY, UNIT COST TOTAL, Mobilization LS 1 $2,500 $2,500 Excavation, stockpiling and loading of impacted Ton 6,750 $5.51 $37,193 soil, includes labor and equipment and materials Transporting and disposal of impacted Ton 6,750 $32.20 $217,350 soil for thermal treatment Backfill Material (Truck Measure) Cubic 4,500 $7.79 $45,572 Includes placement and compaction Yard (x 1.3) Estimated Project Subtotal from Bid Schedule Estimated Total Project Fees Estimated Total Project Fees with Contingency (Amount Remaining from Original Purchase Order . No. 699 0000027219 000) ]Estimated Additional Funds Required Notes: $302,615 $361,815 $400,000 [$237,116] $162,884 C:\WINDOWS\TEMP\dimmittbsoilremovalI Ldoc Mr. Miles Ballogg October 29, 2001 Page 10 Labor rates per labor category and equipment rates for URS personnel and equipment that are anticipated to be used on this project are provided below: Associate Grade 15 Senior Geologist/Engineer Grade 14 Project Geologist/Engineer Grade 12 Staff Geologist/Engineer Grade 10 Clerical/Support Staff Grade 6 CADD/Drafting Grade 8 Vehicle S 118/hour S94/hour S68/hour S55/hour S47/hour S60/hour S50/day The quantities listed herein are estimates only. Unit rates will apply. If additional items are required or are requested by the City of Clearwater, URS will provide a proposal addendum to this cost estimate. The full extent and volume of soil that will be removed from the O`VS is not currently known and the quantities may vary. URS will provide the City of Clearwater with the disposal records, weight tickets and laboratory analysis used for waste characterization. The cost estimate and terms described herein are valid for up to 30 days from the date of this proposal. Any variations to the schedule, scope of work, or site description may require a modification to the cost estimate. 6.0 ADDITIONAL INFORMATION The City of Clearwater is aware that the FDEP has not yet formally approved soil removal activities and these remedial actions will be conducted on an "at risk" basis. URS will prepare and submit and Interim Source Removal Plan prior to initiating soil removal activities. This plan will describe interim soil removal activities and the specifics of confirmation sampling and analysis. The City of Clearwater should understand that soil removal activities are likely to proceed prior to approval of the Interim Source Removal Plan by the FDEP. URS appreciates the opportunity to submit this proposal and look forward to working with the City of Clearwater on this project. If this proposal is acceptable, please provide a purchase order and return to our office. Please do not hesitate to call if you have any questions or comments. C:IWINDOWSITEMPklimmittbsoilremoval I I.0c Mr. Miles Ballogg October 29, 2001 Page 1l Sincerely, URS Thomas J. Carberry Senior Project Manager TJC/EWS/jmk (2 copies submitted) Edwin W. Siersema, Jr., P.G. Associate, Manager Waste Management Group - Tampa C:\WINDOWS\TEMP\dimmittbsoilremoval I I Am Exhibit C FINAL AFFIDAVIT STATE OF COUNTY OF BEFORE ME, the undersigned authority, personally appeared who, after being first duly sworn, deposes and says of his personal knowledge as follows: 1. He is the (title) of which does business in the State of Florida (hereinafter referred to as the "Consultant"). II. The Consultant, pursuant to a contract dated 2001, with City of Clearwater (hereinafter referred to as the "Client"), has furnished or caused to be furnished labor, material and services for the construction of certain improvements as more particularly set forth in said contract. III. This Affidavit is executed by the Consultant in accordance with Section 713.06(3)(d) of the Florida Statutes for the purpose of obtaining a final payment from the Client in the amount of S IV. All work performed under the contract referred to above has been fully completed, and all lienors under this contract have been paid in full, except the following list of lienors: STATE OF COUNTY OF Sworn to and subscribed before me this day of Notary Public Print: Personally known _ OR Produced ID Type of ID Produced otunst t;t EXHIBIT D HEALTH AND SAFETY PLAN The following is a list cif issues which shall be addressed in the Health and Safety Plan ("Plan"), as applicable. This list is merely advisory and is not intended to provide a complete statement of safety-related issues. The Plan shall otherwise conform to the requirements set forth under the Occupational Health & Safety Act, including without limitation, the requirements of 29 CFR §1910.120, (1) Introduction. Overview of Consultant's project responsibilities. Health and safety responsibilities of key personnel. (2) Personal Protective Equipment. Description of the personal protective equipment selected and its use. Rationale for selection of the equipment. (3) Work Zones and Decontamination Procedures. Identification of work and decontamination zones. Description of personnel, personal protective equipment, heavy equipment and tool decontamination procedures. Description of equipment and procedure for emergency/normal decontamination. (4) Personnel Training- Program. Description of personnel training program. (5) Medical Surveillance. (6) Emergency Response Plan. oiunsno F S?lb? l Worksession Item #: Clearwater City Commission - Agenda Cover Memorandum Final Agenda Item # Meeting Date: 111/151/01 SUBJECT/RECOMMENDATION : Approve the five year Lease Agreement for Thomas C. and Patricia A. Wolkowsky, d/b/a Marina Restaurant, for a five (5) year period, for the total sum of $91,501.80, plus yearly Consumer Price Index increases. . X and that the appropriate officials be authorized to execute same. SUMMARY: The current five year lease will expire on January 14, 2002. Mr. & Mrs. Wolkowsky have satisfactorily performed all requirements of the lease agreement. Under the terms of this new five year lease, we will change the start date to January 1, 2002. The lessee will pay $1,525.03 each month plus tax, as well as yearly Consumer Price Index (CPI) increases each January 1st In addition to the monthly rental, at the end of each lease year the Lessees pay an additional amount equal to ten (10) percent of yearly gross sales exceeding $200,000.00 throughout the term of the lease. The City received $1,027.51 in gross sales for lease year ending December 2000, $2,054.04 for lease year ending December 1999, and $2,005.29 for lease year ending December 1998. The Lessees are also responsible for all improvements to the space, maintenance, insurance, taxes and utilities. The square footage for the restaurant is 1270. The Lessees were paying $13.50 per square foot in January 1997. With yearly CPI increases, the per square foot charge is now $14.41. The lease is available in the City Clerk Department for review. Reviewed by: Originating Dept.: Costs Legal Info Srvc N/A Marine & Aviation(Bill Morris) Total NIA Budget N/A Public Works User Dept.:/? Funding Source: Purchasing N/A DCM/ACM Marine & Aviation Current FY Cl _ Risk Mgmt Other Attachments OP Other Submitted by: City Manager tw- k"4LO None AaarMfiation Code: !Tinted on recvcled Pacer HIE / LEASE AGREEMENT THIS LEASE AGREEMENT, made and entered into this of , 2001) by and between the CITY OF CLEARWATER, FLORIDA, a municipal corporation, hereinafter referred to as "Lessor", and, Thomas C. Wolkowsky and Patricia A. Wolkowsky, d/b/a Marina Restaurant, 25 Causeway Boulevard, Clearwater, Florida 33767, hereinafter referred to as "Lessee." WITNESSETH: That in consideration of the covenants herein contained of the granting of this lease and the sums paid and to be paid hereunder, the Lessor hereby leases to the Lessee and the Lessee hereby leases from the Lessor according to the terms, conditions and covenants herein contained the following described premises in the City of Clearwater, Pinellas County, Florida, to wit: See attached Exhibit "A." THE PARTIES HERETO HEREBY COVENANT AND AGREE AS FOLLOWS: 1. The term of this lease shall be for five (5) years beginning January 1, 2002, and ending December 31, 2007. The Lessor retains the right to terminate this lease for any municipal purpose consistent with the Lessor's charter, as well as failure to pay rent in a timely manner or change in use of the property. In addition, Lessor may terminate this lease if the State of Florida or any of its agencies or political subdivisions thereof acquires the demised property or any portion thereof for a public purpose. This right of termination is in addition to the right of termination set out in paragraph 14 of this Agreement. 2. The Lessee hereby covenants and agrees to pay rental thereof as follows: a. To pay the total sum of $91,501.80 for the thirty-six month term of this lease, which shall be paid in equal monthly payments of $1,525.03. Each monthly payment shall be due and payable on the first day of the month, and shall be delinquent if not paid on Page 1 or before the fifth day of the month. Also, a consumer price index (CPI) increase will be added to the rent payment on January 1st of each year of the lease. In addition to the monthly rental, the Lessee shall, at the end of each lease year pay an additional amount equal to ten (10) percent of yearly gross sales exceeding $200,000.00 throughout the term of this lease. This payment will be made along with the Lessee's payment of the monthly rental the first month of each lease year. The Lessee will provide the Lessor within 15 days after the end of each month during the term of this lease a statement showing the amount of gross sales during that month. The statement used by the Lessee to report such sales will be in a form satisfactory to the City Manager or his designee, showing the amount of gross sales for the month being reported and the amount of year-to-date gross sales for the lease year. The term "gross sales" as used in this paragraph means the entire amount of actual sales receipts, whether for cash or otherwise, for all sales conducted in, on or from the premises. No deduction shall be allowed for uncollected or uncollectible credit accounts. Such term shall not include, however, any sums collected and paid out for any sales or excise tax imposed by a governmental authority wherein Lessee is regarded as the collecting agent. b. Any amount due from Lessee to Lessor under this lease which is not paid before the day the payment becomes delinquent shall bear interest at the rate of fourteen (14%) percent per anum from date due until paid, plus a late charge of Ten Dollars ($10.00) to cover Lessor's expenses in collecting such delinquency, c. In. addition to the first month's rent of $1,525.03, which is held by the city, the Lessee shall pay an additional $303.03 in advance as a deposit to secure the faithful performance of the Lessee's obligations hereunder. The Lessor may deduct from the deposit any amount, which might become due from the Lessee to the Lessor for damage to the premises or for any reason or cause whatsoever except rent. At the end of the term of this lease, the deposit amount or the balance thereof, if any, shall be credited to Lessee's last monthly rental payment. 3. The demised premises shall be used only for the purpose of conducting therein the business of a full service restaurant. Page 2 4. The Lessee hereby covenants and agrees to make no unlawful, improper, or offensive use of the leased premises. Lessee further covenants and agrees not to assign, mortgage, pledge, hypothecate or sublet this lease or any of its right herein in whole or in part without the prior written consent of Lessor. The consent of Lessor to any assignment, mortgaging, pledging, hypothecating or subletting shall not constitute a waiver of the necessity for such consent to any subsequent assignment, mortgage, pledging, hypothecating or subletting. If this lease is assigned, or if the premises or any part thereof are sublet or occupied by anybody other than Lessee, Lessor may collect rent from the assignee, sub-tenant or occupant, and apply the net amount collected to the rent herein required, but no such occupancy or collection shall be deemed a waiver of this coveriant, or the acceptance of the assignee, sub-tenant or occupant as tenant, or a release of Lessee from the further performance by Lessee of covenants on the part of Lessee herein contained. If at any time during the term of this lease, any part or all of the corporate shares of Lessee shall be transferred by sale, assignment, bequest, inheritance, operation of law or other disposition so as to result in a change in the present effective voting control of Lessee by the person, persons or entity which presently is the ultimate owner of a majority of such corporate shares on the date of this lease, Lessee shall promptly notify Lessor in writing of such change. If the new owner is a private or public corporation, Lessor shall promptly advise Lessee if it has any objections thereto and the reasons therefor. Lessor may terminate this lease any time after such change in control by giving Lessee ninety (90) days prior written notice of such termination, such notice to be provided within thirty, (30) days following the time period provided to Lessee. Lessee shall not permit any business to be operated in or from the premises by any concessionaire or Licensee. 5. Lessee agrees that it will promptly pay all ad valorem real property taxes and personal property taxes that may be assessed and filed against the demised property or the leasehold created by this agreement, or both, during the term of this lease. Lessee further agrees that it will pay any state sales tax due on the rental payment made by the Lessee to the Lessor and that it will pay all other taxes and fees, including, but not limited to, occupational license, beverage license, and permits relating the operation of the business conducted on the demised premises, which are required by law. Nothing herein shall obligate Lessee to pay or Page 3 to reimburse Lessor for the payment of assessments for permanent improvements, including but not limited to sidewalks, sewers, and streets, that would benefit the demised premises. 6. The Lessee hereby covenants and agrees to pay all bills for electrical service to the premises when due, which service shall be provided by Florida Power Corporation, in accordance with the company's rates and billing. At no expense to the Lessee; the Lessor agrees to furnish a refuse disposal location and a refuse disposal container located outside the demised premises for the use of the Lessee. 7. The Lessee further covenants and agrees to operate the business authorized to be conducted on the premises three hundred sixty five (365) day a year during the term of this lease, except for any period of time involved in natural disasters, including governmental orders or requirements such as evacuation for hurricane preparations, and any time necessary to repair or replace any damage caused to the demised premises by as natural disaster and two weeks vacation each year. 8. The Lessee assumes full responsibility for and covenants and agrees to save harmless and indemnify the Lessor from any and all liability for damage to property and injury to persons resulting from or in connection with the Lessee's use and occupancy of the demised premises under this lease. In addition, during the term of the lease, Lessee shall at Lessee's expense obtain and maintain insurance coverage conforming to the requirements in Exhibit "B" attached hereto. 9. If at any time during the term of this lease, the building or premises or any part, system or component hereof (hereinafter, the "demised premises") shall be damaged or destroyed to the extent that the Lessee cannot operate the business authorized to be conducted thereon, and the Lessor determines that said demised premises can be restored by making appropriate repairs, the monthly rent as provided for in paragraph 2a above shall abate until the demised premises have been restored or until commencement of business by the Lessee, whichever is sooner. If the demised premises shall be totally destroyed or so damaged as to render it practically Page 4 useless during the term of this lease, then and in that event, the Lessee or Lessor may terminate this lease as of the date of such damage or upon thirty (30) days written notice to the other party to this lease. In the event of damage or destruction as enumerated above, and except as otherwise specifically provided under this agreement, both parties waive any and all rights of recovery against the other party for any direct or indirect loss occurring to the demised premises or as a result of damage or destruction of the demised premises. In the case of demolition and reconstruction of the Marina or major renovation by construction, the Lessee shall be given the first opportunity to bid for similar space, provided that space for Lessee's type of business is allocated therein. 10. Except as otherwise provided herein, upon the happening of any one or more of the following events ("Events of Default"): a. Lessee's default in the payment of any rental or other sums due for a period of five (5) days after the due date; b. Lessee's continued default with respect to any other covenant of this lease for a period of fifteen (15) days after receipt of written notice of such default by Lessee from Lessor, provided that if such default reasonably requires more than fifteen (15) days to cure, there shall be no Event or Default if Lessee has commenced curative action with the fifteen (15) day period and diligently prosecutes such action to completion; c. There shall be filed by or against Lessee in any court pursuant to any statute either of the United States or of any state, a petition in bankruptcy or insolvency or for reorganization or arrangement, or for the appointment of a receiver or trustee of all or a portion of Lessee's property, or if Lessee makes an assignment for the benefit of creditors or if there is an assignment by operation of law, or if Lessee makes application to Lessee's creditors to settle or compound or extend the time for payment of Lessee's obligations, or if execution, seizure or attachment shall be levied upon any of Lessee's; property or the premises are taken or occupied or attempted to be taken or occupied by someone other than Lessee; however, in Page 5 the event of execution, seizure or attachment, Lessee may post a bond satisfactory to Lessor which bond shall stay the default resulting from any execution, levy, seizure or attachment for a period of 120 days. Failure to remove the levy, seizure or attachment within the 120 day period shall constitute an Event or Default, and the bond posted shall be forfeited; or d. Lessee's vacating or abandoning the premises for more than ten (10) days; then Lessor, at its option, may exercise any one or more of the following remedies which shall be cumulative; (1) Terminate Lessee's right to possession under this lease and re-enter and take possession of the premises, and re-let or attempt to re-let the premises on behalf of Lessee; however, such re-letting or attempt to re-let shall only involve a prospective tenant capable of providing comparable or better type service, at such rent and under such terms and conditions as Lessor may deem best under the circumstances for the purpose O reducing Lessee's liability, and Lessor shall not be deemed to have thereby accepted a surrender of the premises, and Lessee shall remain liable for all rents and additional rents due under this lease and for all damages suffered by Lessor because of Lessee's breach of any of the covenants of this lease. Said damages shall include, but not be limited to, charges for removal and storage of Lessee's property, remodeling and repairs, leasing, commissions and legal fees. In addition to its remedies hereunder, Lessor may accelerate all fixed rentals due under this lease, in which event the Lessee shall be liable for all past due rent, accelerated rent and damages as described above; however, with respect to the accelerated rent, Lessor shall receive only the present value of such accelerated rent. At any time during repossession and re-letting pursuant to this subsection, Lessor may by delivering written notice to Lessee, elect to exercise its option under the following subparagraph to accept a surrender of the premises, terminate and cancel this lease, and retake possession and occupancy of the premise on behalf of Lessor. (2) Declare this lease to be terminated, whereupon the term hereby granted and all rights, title and interest of Lessee in the premises shall end and Lessor may re- enter upon and take possession of the premises. Such termination shall be without prejudice to Lessor's right to collect from Lessee any rental or additional rental which has accrued prior to such termination together with all damages, including, but not limited to, the damages Page 6 specified in subparagraph (1) of this paragraph which are suffered by Lessor because of Lessee's breach of any covenant under this lease. (3) Exercise any and all rights and privileges that Lessor may have under the laws of the State of Florida and the United States of America. 11. The Lessee hereby covenants and agrees to keep and maintain the premises and fixtures located herein in good condition and repair during the term of this lease and any extension hereof, and to return the premises to the Lessor upon the expiration of the term hereof in as goad condition as they now are, ordinary wear and tear and damage by the elements only excepted. No alteration or improvements may be made to the premises without the written consent of the Lessor. Any and all fixtures attached to the premises shall revert absolutely and become the property of the Lessor upon the expiration of the term hereof; provided, however, that the Lessor at its option may require the Lessee to remove all fixtures, partitions, racks, shelves or other improvements from the premises upon the expiration of the term of the lease at the cost of the Lessee. Any damage to the premises occasioned by said removal shall be repaired at the Lessee's expense. 12. The Lessee, at its own cost, may place only window, wall or canopy signs on the demised premises, provided said signs are approved as to color, style and letter size by the Harbormaster of the .Lessor, and additionally conform to the sign ordinance of Lessor presently in force or as may be amended from time to time during the term of the lease. No other signs shall be placed or maintained by the Lessee on the premises. Any nonconforming sign now on the premises shall be removed by the Lessee within 30 days of approval of the lease. The Lessee shall, upon expiration or termination of the lease, completely remove any and all signs that have been placed on the leased premises by the Lessee. 13. If at any time during the term of the lease the Lessee is authorized to make improvements to the demised premises, Lessee agrees in such event to indemnify and save harmless the Lessor as follows; a. For any mechanic's lien which may be asserted as a claim against the leased Page 7 property; and b. For the faithful performance of the covenants contained in paragraph 11 above; and c. To obtain from the contractor a good and sufficient performance and payment bond signed by a reputable insurance company doing business in Florida, which bond shall be in an amount equal to one hundred (100%) percent of the cost of construction of the contemplated improvements to the demised premises, guaranteeing that the improvements will be completed and that subcontractors, laborers and materialmen will be paid in accordance with the contract for the improvements. 14. In the event of the acquisition of this property or any portion thereof by exercise of proper authority, by any governmental agency other than Lessor, whether by eminent domain or otherwise, it is understood and agreed that notification of the institution of such action shall be promptly given Lessee, so the Lessee may intervene in such action as a party. Lessee agrees to comply with the results of any such actions, and agrees to release and hold the lessor harmless from any damages resulting thereof. 15. Lessor covenants and agrees that upon payment by Lessee of the rents herein provided, and upon observance and performance by Lessee of all the covenants, terms and conditions required of the Lessee by the lease, Lessee shall peaceably and quietly hold and enjoy the leased premises for the term of the lease without hindrance or interruption by Lessor. 16. Notices hereunder shall be given only by registered or certified mail, and shall be deemed given when the letter is deposited in the mail, postage and other charges prepaid, addressed to the party for whom intended at such party's address first herein specified or to such other address as may be substituted therefor by proper notice hereunder. Lessor's notices shall be directed in care of its Law Department at the above-cited address. 17. As required by Section 404.056(8), Florida Statutes, the Lessee shall take notice of the following: Page 8 RADON GAS: Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal and state guidelines have been found in buildings in Florida. Additional information regarding radon and radon testing may be obtained from your county public health unit. 18. The undersigned shall personally guarantee to Lessor the timely performance of all covenants and provisions of this Lease Agreement, including, but not limited to the timely payment of all rent due hereunder. 19. The Lessee will install and maintain a commercial media air cleaner, with absorber kit, to remove smoke from the space. This unit will be operated at all times the restaurant is open for business. 20. This lease agreement constitutes the entire contract between Lessor and Lessee concerning the leasing of the premises and consideration thereof. 21. In the event either party seeks to enforce this agreement or interpret any provision thereof by law, or through attorneys at law, each party agrees to pay for its own attorneys fees and costs, and that jurisdiction shall be in a court of competent jurisdiction in Pinellas County, Florida. IN WITNESS WHEREOF, the parties hereto have set their hands and seals this day of 12002. Page 9 Countersigned: Brian J. Aungst Mayor-Commissioner Approved as to form: John C. Carassas Assistant City Attorney City of Clearwater, Florida By: William B Horne, II City Manager Attest: Cynthia E. Goudeau City Clerk f By: Thomas C. Wolkowsky By: Patricia A. Wolkowsky 't J Page 10 Exhibit "A" LEGAL DESCRIPTION Marina Restaurant space, Clearwater Marina Building, located on Lots 11 and 12 of City Park Subdivision, according to the map or plat thereof as recorded in Plat Book 23, page 37 of the public records of Pinellas County, Florida. Exhibit "B" INSURANCE REQUIREMENTS 1. Liability Insurance. Lessee shall maintain: a. Comprehensive General Liability insurance to include premises/operator liability and electrical liability in an amount not less than $500,000 combined single limit Bodily Injury Liability and Property Damage Liability. b. Comprehensive Plate Glass Insurance on a replacement cost basis covering loss or damage by any means, except by fire, or war, whether declared or not, to the plate glass windows in the demised premises. c. Worker's Compensation Insurance applicable to its employees for statutory coverage limits in compliance with Florida laws. 2. Additional Insurance. The City is to be specifically included as an additional insured on all liability coverage described above. 3. Notice of Cancellation or Restriction - All policies of insurance must be endorsed to provide the City with thirty (30) days notice of cancellation or restriction. 4. Certified Copies of Policies/Certificate of Insurance. Upon specific written request of the City, the Lessee shall provide the Lessor with certified copies of all policies of insurance as required above. In the absence of a specific written request, the Lessee shall provide the Lessor with Certificates of Insurance showing the Lessee has, at all times, the insurance coverage required by the Lease. Unless notice is given to Lessee otherwise, such Certificates of Insurance shall be provided to the Harbormaster before occupancy of the demised premises by the Lessee. Page 11 Exhibit "C" GUARANTY OF PAYMENT OF RENT UNDER LEASE AGREEMENT Guaranty is made this J`I day of 2001, by Thomas C. Wolkowsky and Patricia A. Wolkowsky of MariAa Restaurant, City of Clearwater, County of Pinellas, State of Florida, herein referred to as "Personal Guarantors: being the owners respectively, of the Marina Restaurant, herein referred to as "Obligor: to CITY OF CLEARWATER, C/O City Attorney, P.O. Box 4748, Clearwater, Florida 33758, herein referred to as "Obligee". RECITALS 1. Obligee has leased premises at 25 Causeway Blvd. to Obligor, whose business address is 25 Causeway Blvd., City of Clearwater, County of Pinellas, State of Florida, for use by Obligor in conducting its business of a restaurant. 2. The lease is conditioned upon guarantors giving security for payment of rent thereunder in the form of a personal guaranty. SECTION ONE STATEMENT OF GUARANTY Guarantors guarantee payment of rent under the attached lease agreement pursuant to the terms thereof. If obligor defaults in the payment of any installment of rent, guarantors shall pay the amount of such installment within 30 days after receipt of notice of default and demand for payment. Guarantor's liability hereunder shall not be affected by reason of any extension of time for payment of any installment granted by obligee to obligor. SECTION TWO DURATION This guaranty shall not be revoked during the five year term of the lease. Thereafter, if the lease is renewed on the same terms, this guaranty shall remain in force until receipt by obligee of written notice of revocation from guarantors, or until terminated pursuant to Section Three hereof. Renewal of the lease on different terms shall, at the option of the guarantors, operate to terminate this guaranty as of the end of the five year period. Page 12 SECTION THREE LIMITATION OF LIABILITY The maximum amount recoverable by obligee from guarantors pursuant to this guarantee is $91,501.80, which amount is equal to the total rent due during the initial five year term of the lease. If the aggregate of payments made by guarantors hereunder reaches the above-mentioned amount, this guaranty shall terminate immediately. SECTION FOUR WAIVER OF NOTICE OF ACCEPTANCE Notice of acceptance of this guaranty is expressly waived. IN WITNESS WHEREOF, guarantors have executed this guaranty at 2 the day and year first above written. Guarantor - Thomas C. Wolkowsk Guarantor - Patricia A. Wolkowsky :"I Page 13 i i ITEM # 2 9 /v99 0 Clearwater City Commission Work session Item #: Final Agenda Item # Tw? Agenda Cover Meeting Date: 11/15/01 Memorandum SUBJECT/RECOMMENDATION: Approve change order # 1 for existing storm pipe replacement for the N. Greenwood Reclaimed Water & Corridor Enhancements (01-0029-EN) to Steve's Excavating & Paving of Clearwater, Florida increasing the contract amount by $184,644, fora new contract total of $2,274,645.10, 1E and that the appropriate officials be authorized to execute same. SUMMARY: • The work proposed in change order #1 is for approximately 1900 lineal feet of Reinforced Concrete Pipe (RCP) varying in diameter from 12 to 36 inches including storm structures and other necessary appurtenances. The existing storm system is 50 years old and in poor condition. An inspection of the storm system revealed that soil under the road has been seeping into several pipe joints. o The replacement pipe is Reinforced Concrete Pipe with a provision that all of the pipe joints will be wrapped with filter fabric to lessen the effects of future road settlement due to soil infiltration. e The new storm system will be routed out of the area of the proposed roundabout at Greenwood and Palmetto. This will allow any future work on the storm system to present a minimum amount of disruption without closing down the intersection to road traffic. Sufficient budget and funding are available in the Storm Pipe System Improvements project 315-96124. Reviewed by: Legal 01A Budget 1 Purchasing Risk Mgrnt X Originating Dept: Info Srvc X Public Works Administration (R.Maran) Public Works User Dept. ?f?' DCNVACM Public Works Administration Other Attachments Contractor's estimate Submitted by: City Manager Printed non recvclpd naner Costs Total $184,644 Current FY Funding Source: CI X OP Other Appropriation Code: 3115-961124-563700-539-000 N. Greenwood Reclaimed Water & Corridor Enhancements Rev. 2/98 W` Dot 18 01 03:27P P.O. BOA 303 Dunedin, Florida 34497 Phone 727-446.3485 Fax 727-442A719 Mobik 127-636-27 (4 To: Mr. Ken Sides, PE Name: City of Clearwater Phone number: 727-5G2-47SS fax number: a Urgent Q For Review v Please Comment O Pl ease Reply P.1 Fax Transmittal Farm From William F. Hauenstein Phone: 727-446-3485 Far.: 727 442,4719 Mobil: /t!-biS-zti4 Date Sent: October 18, 2001 Time sent: 3:2S P.H. Nulrber of pages including cover page:3 U U L5 8 CIlY Of CIEARWATER v((nt IC VIORKSROMINIS1RA110N Oct 18 01 03:27p ST E ??'s EX CA VA TIN G & PA VING, INC. October 18, 2009 Mr. Ken Sides, PE City of Clearwater 100 So. Myrtle Ave. Clearwater, FL 33756-5520 Re: North Greenwood Corridor Enhancement Contract #01-0029-EN Subject: Drainage Quote Dear Mr. Sides: As requested, we have prepared a quote to furnish and install extra drainage, on the above referenced project as per the plans titled Stormwater Pipe ReplacemenL As discussed in the project meeting held today, we have included survey work provided by Steve's Excavating 8 Paving, inc.. the cost of which is spread out between items 91 and 109. The bid sheet is enclosed with all the unit prices- We are also requesting ninety calendar days be added to our contract time, as discussed in the pre-construction meeting. If you have any questions, please do not hesitate to call. Sincerely, w William Hauenstein Project Manager cc: Cathy Sarnago Project file /'.U BOX 303, DUNEDIN, FLORIDA 31697 (727) 446-3485 l-AX. • 442-1719 n.2 W, oct 18 01 03:27p p'3 PROJECT: N. GREENWOOD RECLAIMED WATER & CORRIDOR EN HANCE MENTS " PHASE I ITEM EST UNIT TOTAL NO. ITEM UNIT QTY. COST COST REMOVE EXISTING STORM MANHOLE #i REPLACE WITH 91 INLET #1 (FDOT INLET TYPE 9) L.S. 1 Zac?a. ao Zg c?a. ca d 15" REINFORCED CONCRETE PIPE (INCLUDES REMOVAL 92 OF OLD CMP) L.F. 120 Li t , 00 'A Z o 18" REINFORCED CONCRETE PIPE (INCLUDES REMOVAL 93 OF OLD CMP) L.F. 160 y (.. 00 -73 Lo. do 24" REINFORCED CONCRETE PIPE (INCLUDES REMOVAL 94 OF OLD CMP) L.F. 1,080 ('3. cd0 C.8614 0.40 95 CONSTRUCT 24" REINFORCED CONCRETE PIPE L.F. 40 Sy , ao Z1 ?, o. d a 96 CONSTRUCT 30" REINFORCED CONCRETE PIPE L.. F. 210 1 z a , c? 48" REINFORCED CONCRETE PIPE (INCLUDES REMOVAL 97 OF OLD CMP) L.F. 290 L $0. oo 3`1-I oc , o 0 SHALLOW STORM MANHOLE #11 (REMOVE AND 98 REPLACE) EACH 1 I q oo. 00 1 ?t 60. 00 99 CONSTRUCT SHALLOW STORM MANHOLE #10 EACH 1 Le56.W I S-56.CJd 100 CONSTRUCT STANDARD STORM MANHOLE #4, #9 EACH 2 J?O6.60 101 CONSTRUCT STANDARD CONFLICT MANHOLE #3 EACH 1 3t:.C?D.QU 3 c?.c?G 102 CONSTRUCT DEEP STORM CONFLICT MANHOLE #7 EACH 1 04. ao S?{ ©o. ao DEEP STORM MANHOLE #5, #6, #8 (REMOVE AND 103 REPLACE) EACH 3 3qg?p. t t-IOO.oD 1o4 PIPE TIE INTO EXISTING STRUCTURE EACH 4 ea • ao "ZSc?. coo REMOVE 18" CMP (INCLUDES FURNISH AND 105 COMPACTION OF SUITABLE MATERIAL) L.F. 230 I S. a0 I'-t0. via REMOVAL OF 24" REINFORCED CONCRETE PIPE 106 (INCLUDES FURNISH AND COMPACTING OF SUITABLE MATERIAL) L.F. 173 xz . oo Q'°?.00 REMOVAL OF 30" REINFORCED CONCRETE PIPE (INCLUDES FURNISHING AND COMPACTION OF 107 SUITABLE MATERIAL L.F. 150 3 o ..oo q 5bo -o o 108 CONSTRUCT SHALLOW STORM MANHOLE #2 L.S. 1 (ge . QO,oo 109 18" PVC INCLUDES REMOVAL OF OLD 12" PVC) L.F. 8 :m- 00 Li Li 5. 00 SUB TOTAL, $ je q L;yy r oc Page 1 d7 Clearwater City Commission Worksession Item #: Agenda Cover Memorandum Final Agenda Item #? Meeting Date: 11-15-01 SUBJECT/RECOMMENDATION: Approve a contract with the Clearwater Housing Authority ("CHA") to purchase two parcels of real property: (Parcel 1): a portion of Block "A", COACHMAN HEIGHTS REVISED SUBDIVISION, as more particularly described therein, for $1,250,000, plus approximately $15,500 for title insurance and closing expenses, and estimated moving and relocation expenses up to $102,000 for CHA and four tenants, for a total acquisition amount of $1,367,500, and (Parcel 2): Lot 3, Block H, AVONDALE SUBDIVISION to be conveyed in consideration of the City satisfying of record a $100,000 mortgage lien encumbering Parcel 1, plus estimated expenses of $1,875 for a Phase I environmental audit and closing costs, with total transaction costs for both parcels not to exceed $1,369,375, ® and that the appropriate officials be authorized to execute same. SUMMARY: (Parcel 1) • The CHA property at 210 Ewing Avenue occupies a parcel of land containing approximately 1.82 acres. • This is the last remaining parcel the City must acquire to develop the 3.85 acre Town Pond and facilitate the proposed construction of the Mediterranean Village in the Park townhouse project. • The purchase price is supported by two appraisals: (Mitchell K. Caldwell, MAI valued the property at $1,220,000 on 6/21/00. C. Richard Tobias, MAI valued the property at $1,250,000 on 11/1/00. • URS/Dames & Moore, Inc, completed environmental property assessments in June, 2001. No adverse environmental concerns were reported from on-site activities or migration from adjacent properties, nor was there evidence of asbestos containing materials within the structure. • ADDENDUM "A" to the contract obligates the City to fund up to $102,000 to move and relocate CHA administrative offices and the lease operations of four CHA tenants. • Up to $41,000 in moving and relocation costs are included if, and only if, CHA, the AARP Foundation and Partners In Self Sufficiency, tenants that will co-locate with CHA, must first move into temporary quarters prior to locating suitable permanent facilities. • Contract closing date will be on or before January 15, 2002, with the property to be vacated by January 31, 2001. • Sufficient funds are available in fund 375-96125 (The Town Pond Project) to fund the purchase of Parcel 1 and its associated acquisition expenses in FY 2001/2002. Reviewed by: Originating Dept Costs $1,369,375 Legal Info Srvc NA Public Works Total $1,369,375 Budget Public User Depts. Funding Source: Works PVV & P&D Purchasing Zl?z DCM/AC Current FY $1,369,375 cl X Risk Mgmt NA P&DS Attachments (A copy of OP X Purchase Contract is on file with City Clerk) Other Submitted by: Appropriation Codes: City Manager [X I Locator Maps (2) (Parcel 1) 375-96125-560100-539-000 ----- Parcel2 684-07200-546-000.554-000 Prig infari nn racvrlad nanar rrWA Purrhacac Ann awh 44M rlnnl n,,., nieo rtR2 Page 2 - Clearwater Housing Authority Property Purchases - Nov. 15, 2001 SUMMARY; (Parcel 2) • Better Clearwater, Inc. constructed the Fulton Avenue Apartments on Fulton Avenue at Marshall Street in the early 70's, utilizing financing guaranteed by the City of Clearwater. • The apartment complex comprises three buildings containing 16 two and three bedroom units. • The City has owned the property since the late 80's when Better Clearwater, Inc. defaulted on its loan. • The Clearwater Housing Authority managed the apartments for the City, and owns an adjacent building containing four 1-bedroom units that shares a common driveway entrance. • In August, 2000 the Housing Authority proposed terminating it's management agreement and divesting itself of the four unit building. • Fogarty & Finch, Inc. appraised the four unit building for the City on July 17, 2001 and valued the property at $125,000. • Parcel 1 is encumbered by a $100,000 interest-free CDBG loan the City made to CHA in 1985. • As a condition of the subject contract the CHA will convey title to the 4 unit building to the City in consideration of the City providing a Satisfaction of Mortgage for the $100,000 lien encumbering Parcel 1. It is anticipated the four-unit CHA building will be renovated to create a family center with a laundry and onsite office as part of the planned $460,000 renovation of the entire complex. + Sufficient funds are available in fund 684-07200 (P&DS - Other Services) to fund the estimated $1,875 required for a Phase I environmental audit and closing costs associated with acquiring Parcel 2. + A copy of the Purchase Contract is available in the City Clerk Department for review. 2 VL LOCATOR MAP: (PARCEL 1) 210 EWING AVENUE 14 ,3 112_ 9 I pl 1 { 5 8 W . Z ?I E.?'+. 3 r7 3 11f le 'r 4 7 •S lictik 9 IC rw 5 0 - l Y ? 2 07 1 - E Y o ro0 100 2 - 5 } 1 N 4 fi 7 1 0 5 L CM N 1 °8 9 R 10 1-41 +? m 2 n` H 5 5 t ? m u SR 60 "1 1 c ` CLEVELAND 1 10 R 1 2 3 16 15 14 13 12 11 10 ? 8 w Y E to I ? I ?w- L AI 'I F tl ln » n „=? ? ? rl; ; r ? " w ,, . l ? uM nu?n .. w ? ZZ: ? ? n N.E: ? •n•a n w -i 4 • + 16 f l 8 • \_ T 1 2 3 4 51 6 7 6 9 1 1 10 9 'Q' 7 6 5 4 3 2 1 • , , ? 6 ' r . O e O .Uo.L.if, 10 zzs ?w 1 w'- Y ? p0 $ r o $ STREET ti N M` ? ?? ` ! • ? 1 § n y4. ?. i - - 1-41 !?' r • d to T w 2 s s PARK 275 ST :IRA. g + S 0 T' 1 fi ? 7 ? 9 1 11 ns 3 «.a-..« 12 2 - 17 16 15 13 1 $ u 50 1 ?2 3 3 jf_4 rol 16 . ros 2 17 < 3 ` 3 16 ? 4.. 21-4f 8 PIERCE 275 STREET A ,00 ?, > =I _ 6 2 .7 80 2T 23 9 6 f » ,of Iq 25 3 =' FRANKUN STREET $ --- Z6 t : + r t 2 27 ; par- _ U r 13 28 ?? S ,Of ' F U m 6 14 29 ' ° U 15 O 30 3 ,a7 ? -- 6 6 + tt 1 it - » 12 S R CNRT ?. 1} 4 7 I 1 W 0I 1 34E IV < 00 ra B ? rl r tr 11 I S L r„o Bbl7 10 •?•? e gt r ? F= bn 44 ' 101 Y 2 '1 3 u It 3 . J .3 I { 3 i 1 1 , t 1 ' R I D •1 N r t 2 3 't 3 2 9 1 3 2 ° z 5 s 8 i 7 6 2 ? o LOCATORMAP• (PARCEL 2) 1620 FULTON AVENUE ,,., 16 15 1. 13 12 11 10 H i '°, ' . a , j C ,od 7 2 a 5 5 7 8 g6 s ? E 311 t5 15 to /S 12 11 yn; 8 to- ,. 1 1301 2 S a T i.> x e $ e 2 1 2 3 56 5 7 0 15 15 U IS 12 11 10 9 Y ? YY ? E Y Y L GJ ;?O1: 4MM? r. J ? w z CONTRACT FOR PURCHASE OF REAL PROPERTY BY THE CITY OF CLEARWATER, FLORIDA PARTIES: CLEARWATER HOUSING AUTHORITY, a non-profit corporate body and politic pursuant to Chapter 421, Florida Statutes (herein "Seller"), of 210 South Ewing Avenue, Clearwater, Florida 33756 Phone: (727) 461-5777, and the CITY OF CLEARWATER, FLORIDA, a Municipal Corporation of the State of Florida (herein "Buyer" or "City") of P. O. Box 4748, Clearwater, Florida 34618-4748, ATTENTION: City Attorney, Phone: (813) 562-4010 (collectively "Parties") hereby agree that the Seller shall sell and Buyer shall buy the following real property ("Real Property") and personal property ("Personalty") (collectively "Property") upon the following terms and conditions. THE "EFFECTIVE DATE" OF THIS CONTRACT IS THE DATE OF EXECUTION BY DULY AUTHORIZED CITY OFFICIALS. TIME IS OF THE ESSENCE IN THIS CONTRACT. Time periods of 5 days or less shall be computed without including Saturday, Sunday, or national legal holidays and any time period ending on a Saturday, Sunday or national legal holiday shall be extended until 5:00 P.M. of the next business day. 1. PROPERTY DESCRIPTION (Parcel 9): Part of Lots 9, 10, 11 and 24, and all of Lots 25, 26, 27, 28, 29 and 30, together with the North % of vacated Haven Street adjacent to said Lot 30, all in Block A of Replat of COACHMAN HEIGHTS, according to Plat Book 20, Page 26, of the Public Records of Pinellas County, Florida, more particularly described as: A part of Block A, Replat of COACHMAN HEIGHTS, a subdivision according to the plat thereof as recorded in Plat Book 20, Page 26, of the Public Records of Pinellas County, Florida; and a part of the North '/2 of vacated Haven Street, being more particularly described as follows: Commence at the Northwest corner of Block C of said Coachman Heights; thence North 00°52'40" West along the East right of way line of Prospect Avenue, 250.00 feet; thence South 89°47'30" East, 211.70 feet to the POINT OF BEGINNING; thence North 01 °23'48" West, 106.26 feet; thence North 89°10'06" East, 227.55 feet to the West right of way line of Ewing Avenue;. thence South 01 °02'1,4" East along said West right of way line, 338.79 feet to the centerline of vacated Haven Street; thence West along the centerline of said Haven Street, 221.22 feet; thence North 01°02'14" West, 229.22 feet; thence North 89°47'30" West, 5.70 feet to the POINT OF BEGINNING.. ADDRESS: 210 Ewing Avenue, Clearwater, Florida 33756 TOGETHER WITH (Parcel 2): Lot 3, Block H, AVONDALE SUBDIVISION, as recorded in Plat Book 7, Page 40, Public Records of Pinellas County, Florida. ADDRESS: 1620 Fulton St. Clearwater, Florida 33755 PERSONALTY: NONE BEING PURCHASED. Any Personalty remaining upon the premises at time of Closing is considered to be of no value, and is left by mutual agreement of the parties as a convenience to Seller. 2. FULL P U R C H AS F_ PRICE ------------------------------------------------------------------ $ 1,250,000.00 and lien satisfaction as provided in Section 4(b) hereafter. Page 1 of 10 3. MANNER OF PAYMENT: City of Clearwater check in U. S. funds at time of closing (subject to credits, rorations -----------------------. 4. DETERMINATION OF PURCHASE PRICE ---------------------------- $ 1,250, 000.00 a. (Parcel 1) - The Full Purchase Price as shown herein represents the current market value of the subject property as determined by two complete appraisals: a) A current market value appraisal performed by K. Mitchell Caldwell, MAI on June 21, 2000, valuing the fee simple interest in the subject property at $1,220,000 as of said date, and b) a market value appraisal performed by C. Richard Tobias, MAI, of Valuation Services, Inc., performed November 1, 2000 valuing the fee simple interest at $1,250,000. The 2.5% variance is not considered significant; therefore the higher of the two valuations is shown. b. (Parcel 2) - A current market value appraisal of the subject property was performed by Fogarty & Finch, inc. on July 17, 2001, valuing the fee simple interest at $125,000. Seller agrees to convey marketable title to subject property at closing in consideration of Buyer satisfying that certain Mortgage Deed & Promissory Note encumbering Parcel 1 in the original sum of $100,000 as recorded in O. R. Book 5978, Pages 1759-1761, Public Records of Pinellas County, Florida. Seller warrants subject property shall be vacant at closing and that no other parties are in occupancy other than Seller. 5. TIME FOR ACCEPTANCE; APPROVALS Seller covenants that the price, terms and conditions as contained herein shall remain unchanged and be held unconditionally open for a period of 45 days following delivery of signed duplicate originals to Earl Barrett, Real Estate Services Manager, in the Public Works Department of the City of Clearwater for acceptance and approval or rejection by action of the Clearwater City Commission ("Commission"), If this agreement is accepted and approved by the Commission, it will be executed by duly authorized City officials and delivered to Buyer within 10 days thereafter. If the Commission upon initial presentation rejects this contract, this contract shall be null and void in all respects and Buyer shall be so informed in writing within 5 days of such action. 6. TITLE Seller warrants legal capacity to and shall convey marketable title to the Property by Statutory Warranty Deed, subject only to matters contained in Paragraph 7 acceptable to Buyer. Otherwise title shall be free of liens, easements and encumbrances of record or known to Seller, but subject to property taxes for the year of closing; covenants, restrictions and public utility easements of record; and NO OTHERS. Personalty shall, at Buyer request, be transferred by an absolute bill of sale with warranty of title, subject only to such matters as may be otherwise provided herein. Page 2 of 10 l? 7. TITLE EVIDENCE Buyer, at Buyer option and expense no later than five (5) days prior to closing date, shall have the privilege of obtaining a title insurance commitment issued by a Florida licensed title insurer agreeing to liens, encumbrances, exceptions or qualifications set forth in this Contract, and those which shall be discharged by Seller at or before closing. Seller shall convey a marketable title subject only to liens, encumbrances, exceptions or qualifications set forth in this Contract. Marketable title shall be determined according to applicable Title Standards adopted by The Florida Bar and in accordance with law. Buyer shall have 5 days from receiving evidence of title to examine it. If title is found defective, Buyer shall, within 3 days thereafter, notify Seller in writing specifying defect(s). Notwithstanding any provision herein to the contrary, if the defect(s) render title unmarketable, Seller will have 120 days from receipt of notice within which to remove the defect(s), failing which Buyer shall have the option of either accepting the title as it then is or withdrawing from this Contract. Seller will, if title is found unmarketable, make diligent effort to correct defect(s) in title within the time provided therefore, including the bringing of necessary suits. 8. SURVEY Buyer, at Buyer's expense, within time allowed to deliver evidence of title and to examine same, may have Real Property surveyed and certified to the Buyer, Seller and closing agent by a registered Florida land surveyor. If survey shows any encroachment on Real Property, or that improvements located on Real Property encroach on setback lines, easements, lands of others, or violate any restrictions, contract covenants or applicable governmental regulation, the same shall constitute a title defect. The survey shall be performed to minimum technical standards of Chapter 61 G17-6, Florida Administrative Code and may include a description of the property under the Florida Coordinate System as defined in Chapter 117, Florida Statutes. 9. CLOSlHG PLACE AND DATE Buyer shall designate closing agent and this transaction shall be closed in the offices of the designated closing agent in Pinellas County, Florida, on or before January 15, 2002, unless extended by other provisions of this contract. If either party is unable to comply with any provision of this contract within the time allowed, and be prepared to close as set forth above, after making all reasonable and diligent efforts to comply, then upon giving written notice to the other party, time of closing may be extended up to 15-days without effect upon any other term, covenant or condition contained in this contract. 10. CLOSING CLUMENTs Seller shall furnish deeds, closing statements, bills of sale (if applicable), mechanic's lien affidavits, assignments of leases, tenant and mortgage estoppel letters, and corrective instruments. If Seller is a corporation, Seller shall deliver a resolution of its Board of Directors authorizing the sale and delivery of the deed and certification by the corporate Secretary certifying the resolution and setting forth facts showing the conveyance conforms to the requirements of local law. Page 3 of 10 1 11. CLOSING EXPENSES The Seller, unless this transaction is exempt under Chapter 201.24, Florida Statutes, shall pay documentary stamps on the deed conveying Parcel 1; Buyer shall pay documentary stamps on deed conveying Parcel 2. Seller shall also pay the costs of recording any corrective instruments. Buyer shall pay recordation of the deeds. 12. PRORATIQNS; CR EDITS Taxes, assessments, rent (if any) and other revenue of the Property shall be prorated through the day before closing. Closing agent shall collect all ad valorem taxes uncollected but due through day prior to closing, and all personal property taxes due for year of sale, and deliver same to the Pinellas County Tax Collector with notification to thereafter exempt the Property from taxation as provided in Chapter 196.012(6), Florida Statutes. If the amount of taxes and assessments for the current year cannot be ascertained, rates for the previous year shall be used with due allowance being made for improvements and exemptions. Any deposits held by Seller in trust for third parties in occupancy of the Property shall be credited to Buyer at time of closing. Assessments for any improvements that are substantially complete at time of closing shall be paid in full by Seller. 13. OCCUPANCY Seller warrants that there are no parties in occupancy of either of the Parcels to be conveyed other than the Seller, and those organizations in occupancy of Parcel 1 disclosed hereafter in ADDENDUM "A". Seller and all tenants disclosed in ADDENDUM "A" shall have the privilege of continuing to remain in occupancy of the subject property for up to but not more than 15.daUs following closing ("holdover period"). subject to and bound by the following conditions: a) During the holdover period Seller shall save and hold harmless the City, its successors and assigns, from any and all liability arising during the holdover period from injury to person or property occasioned wholly or in part by any negligent act or omission of the Seller, or Seller's tenants, agents, servants and employees in any use of the subject property. b) During the holdover period Seller shall maintain at Seller's sole cost and expense, a Comprehensive General Liability Policy and Fire Insurance Policy covering activities of Seller, its tenants, agents, servants and employees occurring on or within the subject property. The Comprehensive General Liability Insurance shall have minimum coverage limits of $1,000,000 with respect to personal injury or death to any one person and with respect to personal injury or death arising out of any one occurrence; and $500,000 with respect to property damage arising out of any one occurrence. Further, Seller shall keep insured the building against loss or damage by fire and windstorm and other covered casualties with what is generally termed in the insurance trade as "extended coverage". Said insurance shall be maintained in an amount equal to the full insurable value of the building. All policies required herein shall be carried by companies licensed to conduct business in the State of Florida. Each policy required herein shall name the City as additional named insured. The coverage shall contain no special limitations on the scope of the protection afforded to the City, its officials, employees or volunteers. Page 4 of 10 Ar 14. LEASES/RENTAL AGREEMENTS Seller shall, subject to Relocation Provisions stipulated in ADDENDUM "A", terminate all tenancies of every nature not later than 15 days prior to closing and shall deliver the property to Buyer completely vacated at time of closing. Buyer shall have no liability whatsoever to any tenant or Seller in connection with any lease, rental agreement, representation or verbal understanding between Seller and any tenant. Seller shall deliver Property completely vacated at closing, and in "broom clean" condition. 15. PROEERTY CONDITION Seller shall deliver the Property to Buyer at time of closing in its present "as is" condition, ordinary wear and tear excepted, and shall maintain the landscaping and grounds in a comparable condition. Seller makes no warranties other than as disclosed herein in Paragraph 22 ("SELLER WARRANTIES") and marketability of title. Buyer's covenant to purchase the Property "as is" is more specifically represented in either subparagraph a. or b. as marked [X]. a. [ ] As Is: Buyer has inspected the Property or waives any right to inspect and accepts the Property in its present "as is" condition. b. [x] As Is With Right of Inspection: Buyer may, at Buyer expense and within _45L days from Effective Date ("Inspection Period"), conduct inspections, tests, environmental and any other investigations of the Property Buyer deems necessary to determine suitability for Buyer's intended use. Seller shall grant reasonable access to the Property to Buyer, its agents, contractors and assigns for the purposes of conducting the inspections provided, however, that all such persons enter the Property and conduct the inspections and investigations at their own risk. Seller will, upon reasonable notice, provide utilities services as may be required for Buyer's inspections and investigations. Buyer shall not engage in any activity that could result in a mechanics lien being filed against the Property without Seller's prior written consent. Buyer may terminate this contract by written notice to Seller prior to expiration of the Inspection Period if the inspections and/or investigations reveal conditions that are reasonably unsatisfactory to Buyer, unless Seller elects to repair or otherwise remedy such conditions to Buyer satisfaction; or Buyer, at its option, may elect to accept a credit at closing of the total estimated repair costs as determined by a licensed general contractor of Buyer's selection and expense. If this transaction does not close, Buyer agrees, at Buyer expense, to repair all damages to the Property resulting from the inspections and investigations and return the Property to its present condition. 16. WALK-THROUGH INSPECTION At a time mutually agreeable between the parties, but not later than the day prior to closing, Buyer may conduct a final "walk-through" inspection of the Property to determine compliance with any Buyer obligations under Paragraph 15 and to insure that all Property is in and on the premises. No new issues may be raised as a result of the walk-through. 17. SELLER HELD HARIVILIESS Buyer is self insured, and subject to the limits and restrictions of the Florida Sovereign Immunity Statute, F.S. 768.28, and agrees to indemnify and hold harmless Seller, it's agents, employees, contractors, and representatives from any and all claims, losses, damages, costs or expenses incurred Page 5 of 10 14* by Seller and arising from, out of or in connection with or related to such acts of Buyer, its agents, employees, contractors and representatives during inspections and investigations described in Paragraph 15 that cause any injury to persons or damage to the Property. 18. SELLER CONTINGENCIES Notwithstanding any other provisions of this Agreement, Seller's obligation to convey the Property shall be subject to the following conditions: a. No Misleading Statements. All representations and warranties of Buyer contained in this Agreement or in any exhibit, certificate, document and information furnished to Seller pursuant hereto, shall be true, correct, complete and accurate, and shall not be misleading, in all material respects, as of the Execution Date and at all times until the Closing Date. b. Performance. Buyer shall have performed, satisfied and complied with all covenants, agreements and conditions required by this Agreement to be performed, satisfied or complied with by Buyer on or before Closing Date. c. Delivery. Buyer shall have delivered all items required to be so delivered hereunder, including, without limitation, Buyer satisfaction of mortgage lien more particularly described in Section 4(b), and Buyer's tender of the Purchase Price as provided in Section 3 at Closing; and, d. No Challenge. The transactions contemplated hereby shall not have been enjoined by any court or by any federal or state governmental branch, agency, commission or regulatory authority, and no suit or other proceeding challenging the transactions contemplated hereby shall have been threatened or instituted and no investigative or other demand shall have been made by any federal or state governmental branch, agency, commission or authority. 19. IRROCEECS OF SALE; CLOSING PRQ . r1t1RF The deeds shall be recorded upon clearance of funds. Proceeds of sale shall be held in escrow by Seller's attorney or by such other mutually acceptable escrow agent for a period of not longer than 5 days from and after closing, during which time evidence of title shall be continued at Buyer's expense to show title in Buyer, without any encumbrances or change which would render Seller's title unmarketable from the date of the last title evidence. If Seller's title is rendered unmarketable through no fault of the Buyer, Buyer shall, within the 5-day period, notify the Seller in writing of the defect and Seller shall have 30 days from the date of receipt of such notification to cure the defect. If Seller fails to timely cure the defect, all funds paid by or on behalf of the Buyer shall, upon written demand made by Buyer and within 5 days after demand, be returned to Buyer and simultaneously with such repayment, Buyer shall return Personalty and vacate Real Property and reconvey it to Seller by special warranty deed. If Buyer fails to make timely demand for refund, Buyer shall take title "as is", waiving all rights against Seller as to any intervening defect except as may be available to Buyer by virtue of warranties contained in the deed. The escrow and closing procedure required by this provision may be waived if title agent insures adverse matters pursuant to Section 627.7841, F.S. (1987), as amended. Rage 6 of 10 20. DEFAULT If this transaction is not closed due to any default or failure on the part of the Seller, other than to make the title marketable after diligent effort, Buyer may seek specific performance or unilaterally cancel this agreement upon giving written notice to Seller. If this transaction is not closed due to any default or failure on the part of the Buyer, Seller may seek specific performance. If a Broker is owed a brokerage fee regarding this transaction, the defaulting party shall be liable for such fee. 21. SEI-I FIR WARRANTIES Seller hereby represents and warrants to Buyer that: a. Except as otherwise provided herein, Seller makes no warranties or representations regarding the Property, and Buyer shall accept the Property "AS IS"; b. To the best of Seller's knowledge, Seller is aware of no environmental defects associated with the Property, and, with respect to the Property, Seller has received no notice of violation or notice of suspected violation of any environmental law or regulation as of the date of execution of this Agreement; and, c. Seller is not making any statements about whether there is any Hazardous Material on, under, or near the Property (for purposes of this Agreement, the term "Hazardous Material" is defined as any hazardous or toxic substance, material, or waste, including without limitation, those substances, materials, and wastes listed in the United States Environmental Protection Agency as hazardous substances (40 CFR Part 302) and amendments thereto, or such substances, materials, and wastes regulated under any applicable local, state, or federal law. Buyer shall have the number of days granted in Paragraph 15(b) above ("Property Condition") to investigate said matters as disclosed by Seller, and shall notify Seller in writing whether Buyer will close on this contract notwithstanding said matters, or whether the Buyer shall elect to cancel this contract. If Buyer fails to so notify Seller within said time period, Buyer shall be deemed to have waived any objection to the disclosed matters and shall have the obligation to close on the contract. 22. RADON GAS NOTOCADON In accordance with provisions of Section 404.056(5), Florida Statutes (2001), as amended, Buyer is hereby informed as follows: RADON GAS: Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal and state guidelines have been found in buildings in Florida. Additional information regarding radon and radon testing may be obtained from your county public health unit. Page 7 of 10 23.OONTRACT NOT RECORDARLE; PERSONS RQ1J D Neither this contract nor any notice of it shall be recorded in any public records. This contract shall bind and inure to the benefit of the parties and their successors in interest. Whenever the context permits, singular shall include plural and one gender shall include all. 24. NOTICE .All notices provided for herein shall be deemed to have been duly given if and when deposited in the United States Mail, properly stamped, certified or registered, and addressed to the respective party to be notified, including the parties to this contact, the parties attorneys, escrow agent, inspectors, contractors and all others who will in any way act at the behest of the parties to satisfy all terms and conditions of this contract. Notice sent to Seller shall be sent to: Clearwater Housing Authority Attention: Executive Director 210 Ewing Avenue P. O. Box 960 Clearwater, Florida 33757 Fax: 727-446-3462 Notices sent to Buyer shall be sent to: City of Clearwater Attn: City Attorney 112 South Osceola Avenue P O, Box 4748 Clearwater, Florida 33758-4748 Fax: 727-562-4021 With a copy to: Scott A. Forman, Esq. Vernis and Bowling, P. A. 1680 NE 135th Street North Miami, Florida 33181 Fax: 305-892-1260 Either party hereto may change the address to which notices may be sent by giving notice of such change in accordance with the provisions of this Section. 25. ASSICN Bt?A I_ITY; PURSONS BOUND This contract is not assignable. The terms "Buyer", "Seller", and "Broker" (if any) may be singular or plural. This Contract is binding upon Buyer, Seller, and their heirs, personal representatives, successors and assigns (if assignment is permitted). 26. ATTORNEY FEES; COSTS In any litigation arising out of this contract, the prevailing party shall be entitled to recover reasonable attorney's fees and costs. Page 8 of 10 W 27. TYPEWRITTEN OR HANDWRITTEN PROVISIONS Typewritten or handwritten provisions shall control all printed provisions of contract in conflict with them. 28. NO BROKER Seller and Buyer represent and agree they have dealt with no Broker or finder in connection with the transactions contemplated hereby. Seller and Buyer further agree to indemnify the other from any damage, liability or expense either may suffer as a result of any claim of a Broker or finder with whom it is determined that the other party has dealt with in contravention of this agreement; except, however, that total City obligations under this provision shall be subject to the limits and restrictions of the Florida sovereign immunity statute, F.S. 768.28. 29. EFFECT OF PARTIAL INVALIDITY The invalidity of any provision of this contract will not and shall not be deemed to effect the validity of any other provision. In the event that any provision of this contract is held to be invalid, the parties agree that the remaining provisions shall be deemed to be in full force and effect as if they had been executed by both parties subsequent to the expungement of the invalid provision. 30. GOME,RNING LAW It is agreed by and between the parties hereto that this contract shall be governed by, construed, and enforced in accordance with the laws of the State of Florida. 31. -OUNTERPARTS; FACSIMILE COPY This contract may be executed in two or more counterparts, each of which shall be deemed an original and all of which together shall constitute one instrument. A facsimile copy of this contract, including any addendum, attachments and any written modifications hereof, and any initials or signature thereon shall be deemed an original. 32. SPECIAL Q11 MISER ADDENDUM "A" (TENANT PROVISIONS) contains special clauses that constitute agreements and covenants between the parties and 1s attached to and made a paif of this contract When any special clause in the Addenda conflict with any provision contained elsewhere in this contract, then the special clause shall govern. 33. ENTIRE AGREEMENT Upon execution by Seller and Buyer, this contract shall constitute the entire agreement between the parties, shall supersede any and all prior and contemporaneous written and oral promises, representations or conditions in respect thereto. All prior negotiations, agreements, memoranda and writings shall be merged herein. Any changes to be made in this agreement shall only be valid when expressed in writing, acknowledged by the parties and incorporated herein or attached hereto. Page 9 of 10 THIS IS INTENDED TO BE A LEGALLY BINDING CONTRACT. IF NOT FULLY UNDERSTOOD, SEEK THE ADVICE OF AN APPROPRIATE PROFESSIONAL FOR LEGAL, TAX, ENVIRONMENTAL AND OTHER SPECIALIZED ADVICE PRIOR TO SIGNING. Seller: CLEARWATER HOUSING AUTHORIT'Y' '?-•.? 1 Date: l 2001 By: /Jopf"Vitw, Robert J. Aude, Chairman Corporate Tax i. D. No: 59-1399006 Attest: Ja queline Riv a, Secretary APPROVED AND ACCEPTED this day of , 2001 ("Effective Date") Countersigned: Buye : CITY OF CLEARWATER, FLORIDA Brian J. Aungst, Mayor-Commissioner Approved as to form: Print Name Assistant City Attorney CHA Ewing-Fulton Purchases 1001.ewb By: William B. Horne, II, City Manager ATTEST: Cynthia E. Goudeau, City Clerk Page 10 of 10 ADDENDUM "A" TO THAT CERTAIN CONTRACT FOR PURCHASE OF REAL PROPERTY dated , 2001 ("Contract") by and between the City of Clearwater, Florida ("City") and Clearwater Housing Authority ("CHA") regarding real property legally described as being a portion of COACHMAN HEIGHTS REVISED SUB., as more particularly described in said contract ("Property"), to wit: Tenant Provisions 1. CHA covenants with the City that the following organizations are currently tenants of CHA and in occupancy of their respective portions of the subject property. All tenancies are documented in annually renewable leases with 30 day termination provisions: Religious Community Services Food Pantry & Furniture Storage ("RCS') SSPARC Value Retail Store ("SSPARC') o Partners in self-sufflciencY ("PSS') e AARP Foundation / SCSEP (`HARP') 2. The City covenants and agrees with CHA to provide moving and relocation expenses to CHA and its aforementioned tenants in the following manner: a. (i) The City shall provide funding assistance to the CHA, AARP and PSS to move and relocate their respective offices from the Property to another facility (the "Relocation Facility") prior to the Closing Date. The City agrees to promptly pay to said organizations any and all expenses associated with their respective moves and relocation up to the cumulative maximum sum of Forty One Thousand and 00/100 Dollars ($41,000.00). Said organizations shall provide the City with estimates of all qualifying moving and relocation expenses no later than thirty (30) days prior to the date(s) of relocation. Estimates for any labor and/or materials, or any other qualifying expense exceeding, individually, the amount of $500.00 shall be supported and documented by three (3) separate written estimates from qualified venders. Page 1 of 2 We. t. (ii) In the event that CHA, in its sole discretion, determines it reasonably necessary for CHA, AARP and PSS to move from the Relocation Facility and relocate their respective offices for a second time within one year of the closing date, the City shall again provide additional funding assistance to the CHA. AARP and PSS up to an additional cumulative maximum sum of Forty One Thousand and 00/100 Dollars ($41,000.00) upon the same conditions described in ¶a. (i) above. b. The City shall provide funding assistance to RCS and SSPARC to move and relocate their respective offices from the Property prior to the Closing Date. The City agrees to promptly pay said organizations any and all expenses associated with their respective moves and relocation up to the sum of Ten Thousand and 00/100 Dollars ($10,000.00) to each organization. Said organizations shall provide the City with estimates of all qualifying moving and relocation expenses no later than thirty (30) days prior to the date(s) of relocation. Estimates for any labor and/or materials, or any other qualifying expense exceeding, individually, the amount of $500.00 shall be supported and documented by three (3) written estimates from qualified vendors. ?4(°If t-t • • Initialed (CHA) Initialed (City) By /C. AUC?F By Title CMI r"Ad. Title Page 2 of 2 W Clearwater City Coinnlission Agenda Cover Memorandum Originating Dept Public Works' Administration (K.O'Bri User Dept. Public Utilities Meeting Date: 11/15/o1 SUBJECT/RECOMMENDATION: Approve the Tampa Bay Engineering Work Order for Engineering Design Services for Rehabilitation of Sanitary Sewer Pump Station Number 55 and new 12-inch force main in the amount of $145,495.00, 0 and that the appropriate officials be authorized to execute same. SUMMARY: • As part of the Sanitary Sewer System Evaluation and Self-Audit, Phase I, twenty-four of the City's wastewater pump stations were evaluated for upgrades due to age and condition. Station 55 received high priority ratings for rehabilitation improvements and to be brought up to current regulatory standards. • During a hydraulic model analysis for sanitary sewer overflow (SSO) abatement alternatives, it was discovered that Pump Station 55, which currently pumps to Pump Station 53 for re-pumping, needs to pump directly to the Northeast Advanced Pollution Control Facility (NEAPCF). By pumping directly to the NEAPCF, the SSO's predicted by the hydraulic model are eliminated. This will require approximately 5,000 linear feet of new force main from manhole 178A-3010, which is the current discharge point, to the existing 16-inch force main at Pump Station 53. • Pump Station 55 is.a wet well/dry well station located at 29231 US 19 North. • Tampa Bay Engineering is one of the City's Engineers-of-record, and this work order was negotiated in accordance with the Consultants Competitive Negotiations Act. • Resolution 01-07 was passed on March 1, 2001, establishing the City's intent to reimburse certain project costs incurred with future tax-exempt financing. The projects identified with 2001 revenue bonds as a funding source were included in the project list associated with Resolution 01-07. • Sufficient budget is available in project 343-96686, Pump Station Replacement. A copy of the Work Order is available in the City Clerk's office for review. Reviewed by: Legal Info Srvc N/A Budget ? Public Works Purchasing.. DCM/ACM Risk Mgmt N/A Other N/A Submitted by: City Manager R? ?Printed on recvcled naner Attachments None Work session Item #: ` IVQ `'f Final Agenda Item # 31 Costs Total $145,495.00 Current FY Appropriation Code: 343-96686-563800-535-000 i Funding Source: C1 X _ OP Other Lift Station 55 rehab b FM Design Rev. 2/98 '7 wq City of Clearwater Public Works Administration Tampa Bay Engineering, Inc. (TBE) Work Order Initiation Form Date: October 20, 2001 1. PROJECT TITLE: 2. SCOPE OF WORK: TBE Project Number: City Project No.: Rehabilitation of Pump Station Number 55 and new 12-inch Force Main As part of the Sanitary Sewer System Evaluation and Self Audit, Phase 1, twenty-four of the City=s wastewater pump stations were evaluated for upgrades due to age and condition. Station 55 received high priority ratings for rehabilitation improvements and to be brought up to current regulatory standards. Subsequently, during the hydraulic model analysis for sanitary sewer overflow (SSO) abatement alternatives, it was discovered that Pump Station 55, which currently pumps to Pump Station 53 for re-pumping, needs to pump directly to the Northeast Wastewater Treatment Plant (NEWWTP). By pumping directly to the NEWWTP, the SSO's predicted by the hydraulic model are eliminated. This will require approximately 5,000 linear feet of new force main from manhole 17SN-3010, which is the current discharge point, to the existing 16- inch force main at Pump Station 53. Pump Station 55 is a wet well/dry well station located on the east side of US 19 south of Curlew Road. TBE shall provide professional engineering design services in connection with the City=s Rehabilitation of Pump Station 55 and extension and manifolding of the existing 12" force main into the 16" force main from pump station 53. Specifically, TBE will provide the following engineering services and/or professional disciplines: < Hydraulic Analysis < Construction Plans and Specifications < Cost Estimating < Topographical Survey < Geotechnical Services < Mechanical, Structural, HVAC, Electrical, Instrumentation and Architectural (if required) Tampa Bay Engineering, Inc. CADocu ments and SettingilohrienUAwal Settings\Temporary Internet Pi1es\0LK2\PS55%%'k0d.doc Pagel of S octol < Civil Engineering < Permitting < Utility Coordination < Public Information < Services during Construction The following tasks are included in this project: Task I Task 2 Task 3 Preliminary Design Report A preliminary Design Report addressing the. following items as a minimum shall be prepared: A. Proposed Site Alternatives B. Impact to Existing Utilities, Buildings, Trees and Other Physical Features C. Odor Control D. Permitting E. Hydraulic Analysis F. Pump Selection G. Emergency Power H. Structural, Mechanical, Electrical, and Instrumentation Final Design Prepare final construction plans, specifications, as built drawing requirements and contract documents to secure acceptable bids for construction. Prepare permits as required and construction cost estimate. Provide site survey necessary for the location, design, and preparation of constnuction plans. TBE will coordinate with City Utilities staff and with Florida Power, Clearwater Gas, Cable TV and GTE to properly note these utilities. All survey services will be in accordance with Chapter 48 1, Florida Statues and Rules 61G1, F.A.C. Provide for necessary soil data and other pertinent information required for the design and construction of the proposed lift station rehabilitation and associated facilities. Bidding Assistance TBE shall provide general services during the bidding phase which may include: Tampa Bay Engineering. Inc. CADocuments and Scttings\kobrien\Locai Settinpvremporary Internet I'i1csl0J.K2\PS55wkod.doc Page 2 of 5 octol A. Attend a pre-bid conference, if required B. Prepare formal addenda to clarify and/or expand the contract documents C. Attend bid opening D. Prepare an evaluation of all bids and prepare a recommendation of award to the City when the bids have been received Task 4 General Services (during construction) TBE will attend and assist in a pre-construction conference. Services to be performed during construction include: A. Attend the pre-construction conference B. Review and approve all required shop drawings C. Furnish consultation during construction regarding the interpretation of any and all parts of the plans and specifications. Four hours per week for 24 weeks has been budgeted for this task D. Make visits to the site at appropriate intervals to observe the work in progress E. Expeditiously respond to problems during construction F. Review requests for substitution of materials G. Review all Change Orders and Supplemental Agreements H: Attend pre-final field meeting after all deficiencies are corrected 1. Prepare all required permit certifications 3. GOALS: To provide rehabilitation of Pump Station 55 to facilitate operation and maintenance and to. conform to current regulatory standards. To provide design for installation of approximately 5,000 linear feet of 12-inch force main. 4. BUDGET: Force Main Design $615955 Pump Station 55 Design $83,540 Total $1459495 Tamna Bov EngjneerinL inc. CADocumcnte and ScttingAwbrien\Local SettinpUemporary Internet Files\0LK2TS55%vkod.doc Page 3 of 5 Octoi 5. SCHEDULE: Services to be rendered will commence upon written notice from the City. Design will be completed in approximately 180 days following notice to proceed. 6. TBE STAFF ASSIGNMENTS: Title - Name Phone Number Extension Number Principal in Charge/Project Liasion - Robert G. Brown, PE 531-3505 ext 1540 Director - Dorian Modjeski, PE 531-3505 ext 1542 Project Manager - Donald McCullers 531-3505 ext 1546 7. CORRESPONDENCE/REPORTING PROCEDURES: Correspondence shall be sent to Kelly O'Brien, Civil Engineer 1, Engineering Department with copies to Andy Neff, PE, Director of Public Utilities and N. David Sickler, Wastewater Collection Superintendent. 8. INVOICING/FUNDING PROCEDURES: The fees shall be based on provision of Payment B - Lump Sum and will be invoiced monthly based on percent complete. A maximum fee of $145,495.00 has been established for this project. City Invoicing Code: 9. DELIVERABLES Design plans shall be produced with AutoCad Release Fourteen (14) or later and shall be provided to the Cityin Electronic format. Contract documents shall be delivered in Word format. Tampa Bay Ent_ineerina, Inc. CADocurnents and SettingAk-obrien\Local Settings\Ternpornry Internet Fi1es\0LK2\11S55wkod.doc Page 4 of 5 Oetol r 10. SPECIAL CONSIDERATIONS: Services to be provided by the City: < Payment of permit application fees as may be required. < Perform acquisition of property and easements as required. 11. QA/QC I hereby certify as a licensed Professional Engineer, registered in accordance with Florida Statue 471 (481) that the above project=s site and/or construction plan, to the best of my knowledge, information and belief will meet applicable design criteria specified by City municipal ordinance, State and Federal established standards. I understand that it is my responsibility as the project=s Professional Engineer to perform a quality assurance review of these submitted plans. PREPARED BY: CITY: Michael D. Quillen. PE Date City Engineer Robert G. Brown Date Senior Vice President Tampa Bav Enttineerina, Inc. CADocuments and SettingAkobrien\Loeal SettingsU mporary Intemet Fi1es\0LK2\PS55wk-od.doc TBE: Page 5 of 5 0001 GAR l ?AT Clearwater City Commission Agenda Cover Memorandum Final Agenda Item # -?C;tl Meeting Date: 11/15/01 SUBJECT/RECOMMENDATION: Authorize the City Attorney's Office pursuant to Clearwater Code of Ordinance, Section 2.036 (2) to initiate a civil action for outstanding amounts due to the City of Clearwater from Metal Culverts, Inc. for natural gas account #4071416 0 and that the appropriate officials be authorized to execute same. SUMMARY: O Metal Culverts, Inc. received natural gas services between December 2000 and March 2001 with a value in excess of $25,000. 0 After several demands for payment from Clearwater Gas Systems and the Clearwater City Attorney's Office, Metal Culverts, Inc. has failed to pay any amount due to the City of Clearwater for the above referenced account number. m As a result, the City Attorney's Office requests authorization under Clearwater Code of Ordinance, Section 2.036 (2) to file a civil action in the Circuit Court of Pinellas County for collection of all outstanding amounts due. Reviewed by: Originati g e t: Costs $175.50 Legal Info Tech NA Legal Total Budget NA Public Works NA User Dept. Funding Source: Purchasing NA DCM/ACM Gas Capitol Improvement Current Fiscal Year Risk Mgmt NA Other NA Attachments _ Operating Other Appropriation Code: Submitted by: a None City Manager Printed on recvcled Gaper Rev. 2/90 00 SUBJECT/RECOMMENDATION: Clearwater City Commission Agenda Cover Memorandum Final Agenda Item # Clq 3 Meeting Date: 11/15/01 Authorization to contract with the firm of Rogers Towers Bailey )ones & Gay, P.A. for outside counsel services related to representation in Granite State Outdoor Advertising, Inc. v. City of Clearwater, Case No. 8:01 -CV-1 663-T-30MSS, including any interlocutory appeal proceedings, and with a limit of fifty thousand dollars ($50,000). ? and that the appropriate officials be authorized to execute same, SUMMARY: • The City, Mayor Aungst, and City Manager Horne have been served with a complaint alleging that the City's actions in denying billboard permits to Granite State were unlawful and that the City's sign ordinance is invalid. It is advisable to retain outside counsel with expertise in the specialized billboard amortization area. IF Counsel's representation of the City in other similar cases will allow for economy of work. • Hourly rate for the Rogers Towers firm with Mr. William Brinton to be designated counsel is $185 (reduced rate for local government sign control matters). Reviewed l6v Legal Budget Purchasing. A Risk Mgmt NA Submitted by: Citv Atturnev Info Tech NA Public Works NA DCNVACM NA Other NA Prinfpd nn rorurlprt nannr Originate Legal User Dep Attachments ? None n__, Winn Costs Funding Source: Capitol Improvement Operating X Oilier Total I $50,000 Current Fiscal Year $50,000 Appropriation Code: 010-09600.530100-514-000 ?9?gTE ?C?4? SUBJECT/RECOMMENDATION: Clearwater City Commission Agenda Cover Memorandum 3y Final Agenda Item # Meeting Date: 11-15- Authorize settlement of Boucher v. City of Clearwater, Case No. 00-00-8033-CI-15, for payment by City of $75,000.00 in exchange for full releases from plaintiffs and dismissal of action with prejudice. 0 and that the appropriate officials be authorized to execute same.. SUMMARY: This case arises from a motor vehicle accident that occurred in 1999 at the intersection of South Hercules and Rainbow Drive. The collision involved a small pickup truck driven by Emile Boucher travelling south on Hercules and a City recycling truck travelling east on Rainbow and crossing Hercules. This action was instituted by Mr. Boucher for personal injuries and by his wife for loss of consortium. Although Boucher suffered from low back pain before the accident, his condition was aggravated by the collision. Following several months of conservative treatment, he underwent surgery to remove the disc material between all five lumbar discs and fusion of all five lumbar discs. He has incurred in excess of $75,000.00 in medical expenses, and lost wages and future medical expenses which will likely approach $50,000.00, and is asserting claims for pain and suffering and loss of enjoyment of life. There is a worker's compensation lien pending which will be negotiated between the carrier and plaintiffs attorney. Mrs. Boucher's claim for loss of consortium will include damages for loss of the companionship and services of her husband. A settlement of $75,000.00 for all claims for damages, costs, and fees has been negotiated. Upon payment of this sum the City will receive full releases from Mr. & Mrs. Boucher and the action will be dismissed with prejudice. Reviewed by: Origi ti g D 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 Mgmt NA Other NA Attachments Operating Other Appropriation Code: Submitted by: Id None City Manager Printed on recvcled naner Rev. 2/98 A(11/15/01) Item # 35 AtRaw Q Clearwater City Commission Nuenda Cover Memorandum Originating Dept: Public Works/Adm. (G. Bahnick) L User Dept. ?1 Public Works/Adm. SUBJECTIRECOMMENDATION: Award a contract for the "Nlandalay Avenue/ Papaya Street / San Marco Street Reconstruction" (01-0019-EN) to Keystone Excavators, Inc. of Oldsmar, Florida, for the sum of $1,747,000.00 which is the lowest responsible bid received in accordance with the plans and specifications, and, award a contract to Camp, Dresser & McKee, Inc. of Tampa, Florida, Engineer of Record (EOR) to provide construction administration services for the sum of $138,643.00, and; award a contract to Post, Buckley, Schuh & Jernigan, Inc. of Tampa, Florida, EOR, to provide construction engineering and inspection services for the sum of $241,277.68 for a total project sum of $2,126,920.68. 9 and that the appropriate officials be authorized to execute same. SUMMARY: • On February 15, 2001, the City Commission approved the Clearwater Beach development design guidelines known as Beach h}, Design. This project will complete the Mandalay Avenue streetscape as directed by Bench by Desigan as well as completing the Papaya Street and San Marco Street streetscapes as required by the development agreement between the City of Clearwater and MANDALA_Y BEACH CLUB, LTD. This project will generate positive momentum for the revitalization of Clearwater Beach. • This project also includes the construction of the Roundabout Enhancements as recommended by the Clear water Beach Entryway Advisory Committee and approved by the City Commission on July 12, 2001. • This project will be constructed in two (2) phases. The first phase will consist of the modifications to the existing Beach Entryway Roundabout, including relocation of the pedestrian at-grade crossing on Mandalay Avenue, reconfiguration of the medians, exterior curbing, pavement markings, landscaping and irrigation. The second phase will be the Mandalay/Papaya/San Marco Streetscape portion of the project, which begins at the first pedestrian crosswalk north of the Beach Entryway Roundabout and ends just north of Baymont Street. Streetscape project elements include, curbing, decorative shell textured sidewalks, urban drainage system, reclaimed water main, traffic signage, decorative lighting, significant irrigated landscaping, hardscaping, the undergrounding of private utilities, at-grade brick pedestrian crossings and signalization together with associated appurtenances. • Phase 1 will commence upon execution of the completed prior to "Spring Break" (March 1, Roundabout Enhancements, however, all work 2002). contract, and will begin in November 2001 and will be )02). Phase 2 will begin immediately completion of the vill be stopped during "Spring Break" (March and April • The costs for construction administration and construction engineering and inspection have been allocated to each phase based upon their share of the construction contract ($340,408.93 for Mandalay/Papaya/San Reviewed by: Legal Info Srvc N/A Budget Public Works •V?p Purchasing DCM/ACM ZIF? Risk Mgmt N/A Other Submitted by: City Manager Printed on recvc1nd nnner Attachments Work session Item #: -,N, p Final Agenda Item # 35 Meeting Date: 11/16/01 Costs $2,126,920.68 Total Funding Source: Current FY CI X OP Other Appropriation Code: Location Map 315-92261-561200-541-000 ($ 340,408.93) 315-92261-563700-541-000 ($1,565,322.94) 348-92148-561200-541-000 ($ 39,511.75) V 348-92148-563700-541-000 ($ 181,677.06) Mwnnld-u _ D-n-u- _ G-n M-r..n t?nnr.r.?rnwL,.. r -J Marco and $39,511.75 for the Roundabout modifications). The total construction and allocated costs are $1,905,731.87 for Mandalav/Papaya/San Marco and $221,188.81 for the Roundabout modifications. • Sufficient budget and funding exist in project 3 1 5-9226 1 Beach Streetscape for Mandalay/Papaya/San Marco and in 348-92148 Beach Entryway for the Roundabout modifications. • This project will start on or about November 25, 2001 and will be completed in 365 calendar days. 0 A copy of the contract documents are available at the Clerk's office for your review. NORTH Scale 1"=500' Location Map tllandrllay/RzpayvlSan Marco Str ectscipe & Roundabout Enhancements BAY 1-1 ROCKAWAY mble BAYMONT ESPLANADE ST Q ° RC W ST O Q w w Cf) z O Causeway Blvd S CITY OF CLEARWATER, FLORIDA PUBLIC WORKS ADMINISTRATION ENGINEERING cum" 0V MANDALAY AVE. , PAPAYA ST. SAN MARCO STREETSCAPE & sat ROUNDABOUT ENHANCEMENTS 1011 DAR K01- 1 0/01 "t I ""' I < ' CITY OF CLEARWATER ENGINEERING DEPARTMENT CDM WORK ORDER INITIATION FORM DATE: October 5, 2001 City Project No. CDM Client No. 6349- 1. PROJECT TITLE: Mandalay Avenue Reconstruction Limited Construction Management Services 2. SCOPE OF WORK: GENERAL The City of Clearwater desires to retain Camp Dresser & McKee (CDM) under its Engineer of Record contract with the City to provide limited construction management services during implementation of the project. CDM will retain the services of our sub-consultant Florida Design consultants (FDC) to provide consultation regarding the roadway design performed by their firm. They will have a similar participation in the limited construction management services tasks below. ENGINEER understands the City will contract for full construction management responsibilities with another engineering firm (Construction Manager) and that the Construction Manager will provide a written certification statement that the project was constructed in accordance with the plans and specifications. The ENGINEER will provide limited construction phase services based on a 13-month construction time frame to project completion. The ENGINEER'S limited construction management responsibilities will include those services generally below and as further described in Attachment No.1: TASK 1- Attend a pre-bid conference TASK 2 - Prepare one addendum to clarify bidders questions during the bidding period. Bid tabulation will be performed by the City. TASK 3 - Attend a pre-construction conference. TASK 4 - After attendance at the monthly progress meetings, a site visit will be conducted to review general conformance with the plans and specifications. Additional sufficient field observation time has been budgeted to permit the ENGINEER to certify the completion of construction to the permitting agencies. TASK 5 - Respond to as needed questions from the Construction Manager to issue necessary routine clarifications, evaluation for material substitutions and interpretations of the Contract Documents. This construction management arrangement preferred by the City requires the CDM Camp Dresser & McKee Inc. 1 S:ICLWA TERIlbOl072.doc , ' ENGINEER to respond to routine project construction questions from the Construction Manager on a day-to-day basis. TASK 6 - Respond to contractor Requests For Information (RFI's). Fifteen (15) RFI's are budgeted for this project. TASK 7 - Review technical submittals (shop drawings) from the contractor. Twenty (20) shop drawings are budgeted for this project. Re-submittals of rejected shop drawings will be counted within the 20 shop drawing budget for this task. TASK 8 - Attend monthly progress meetings (13) over the duration of the project. TASK 9 - Attend a Substantial Completion site visit to assist the Construction Management firm in determining that the project is Substantially Complete. Subsequently attend a Final Completion site visit to assist the Construction Management firm in determining that the project is complete. TASK 10 - Prepare record drawings from, as-built drawings prepared by the contractor and Construction Manager in both paper and digital format. Preparation of record drawings will be based on ENGINEER's review of marked-up record documents (including Plans, Shop Drawings, Samples and other data approved), which are to be assembled by the contractor in accordance with the Contract Documents. TASK 11 - Provide project certifications to permitting agencies based on a written statement of construction compliance with the plans and specifications from the Construction Manager, as- constructed information provided by the contractor and field observations. TASK 12 - Prepare a revision to the existing plan quantity takeoff table to identify the items associated with the Roundabout improvement (Code" A" quantities) and the remaining quantities associated with the remainder of the project (Code "B" quantities). 3. PROTECT GOALS: Completed construction project with acceptance from the City. 4. BUDGET: Engineering Labor Limited CM services Sub-consultant (FDC) Expenses Project Allowance Total Engineering Budget: $ 53,420 $ 71,119 $ 2,000 $ 12,104 $ 138,643 A cost breakdown table is attached. CDM Camp Dresser & McKee Inc. 2 S:\CL WA TER\lb01072.doc A project budget allowance of 10% of the construction management fee for the above task is included in the total fee for this task. This allowance may only be used for additional services and invoiced to the City upon written authorization by the City's Project Manager to do so. Review of more than fifteen (15) technical submittals or twenty (20) RFI's, or budgeted $15,000 time for field visits, attendance at more than thirteen (13) progress meetings or more than one (1) Substantial Completion inspection will be additional services compensated if possible per Attachment No.1 under this project allowance. If the quantity of technical submittals, RFI reviews, progress meetings or field visit time is less than above, the City will be invoiced for only those services actually performed. 5. SCHEDULE: Service will commence immediately upon authorization from the City. Construction management services are anticipated to start in October 2001 with bidding services and continue into 2002 with construction administration until project completion in November 2002. 6. CORRESPONDENCE/REPORTING PROCEDURES: All CDM project correspondence shall be directed to Glen Bahnick or his designee with copies to others as may be appropriate. All city correspondence shall be directed to Barry Bywalec at FDC with copies to Ted Armstrong at CDM. 7. INVOICING/FUNDING PROCEDURES: Invoices shall be submitted monthly to Marty Pages for work performed. Invoices will be prepared according to Billing Method B, Lump Sum except as noted herein for additional services provided as unit costs in Attachment No.1. Phase I: 348-92148-561200-541-000 City Invoicing Code: Phase 2: 315-92261-561200-541-000 $14,418.87 $124,224.13 PREPARED BY: ~, ;Ufl;f~~- ~ Ivl(S"()l uglas W. Fredericks, P.E. Date ce President CITY Michael D. Quillen, P.E. Date City Engineer (0 - /%- OJ CDM Camp Dresser & McKee Inc. 3 S:\CLWATER\lb01072.doc .' ~-, l City of Clearwater, 'Mandalay Avenue Reconstruction Project Limited Services During Construction RP DN Officer Principal Senior Prof. Prof. II Prof. I staff Suoport Proi. Adm Proi. adm. Unit pnce prior to Description of Work VP Pro Director Sr. Engineer Const. Engr Enoineer Tech-DR Tech Clerical FDC FEE Total 10% Allow. 1.10 factor 1.1 Bidding and Award Pre-Bid Meeting $ 1,134 $1,134 $1,247 $0 $0 Addenda (assume 1 ea) 2 4 12 16 8 6 $ 4,251 $8,191 $9,010 $0 $0 Pre-Con Meeting (attend only) 2 4 8 2 $ 1,412 $3,072 $3,379 Site visits 0 2 2 0 13 0 26 26 0 $ 9,434 $15,154 $16,669 $1,165.69 each monthly, 13-month duration PLAN INTERPRETATION (hourstweek) 1 1 2 1 'ob duration: 13 months = 57 weeks 57 57 114 57 $ 27,274 $50,644 $55,708 $888.49 includes dialogue with CEI firm 57 weeks RFI 1 2.5 1 5 5 12.5 5 $ 4,475 $6,975 $7,673 $348.75 CDM each total 20 SHOP DRAWING REVIEW (hours/each) 1 2 2 5 5 10 10 $ 2,988 $5,488 $6,037 $365.87 total 15 PROGRESS MEETINGS (monthly) 0 2 2 1 13 0 26 26 13 $ 5,522 $12,022 $13,224 $924.77 each monthly, 13-month duration QM AUDIT 8 2 4 2 2 1 8 2 4 2 2 $2,100 $2,310 REVISED QUANTITY TAKEOFF $ 3,256 $3,256 PUNCHLIST INSPECTION (hours/each) 0 3 4 0 2 substantial and final completion inspection 0 6 8 0 4 $ 852 $2,572 $2,829 $ 2,138 2 RECORD DRAWINGS/CERTIFICATIONS 2 8 2 16 6 4 $ 7,021 $10,431 $11,474 TOTAL HOURS 8 75 96.5 143 16 22 156 71 587.5 RATE $150.00 $140.00 $120.00 $100.00 $80.00 $75.00 $60.00 $50.00 FEE $1200 $10500 $11580 $14300 $1,280 $1,650 $9,360 $3 550 $67619 TOTAL COST Sub-total $ 121,039 $133,143 Expenses 3500 2,000 5,500 Total $ 138,643 ATTACHMENT 1 CITY OF CLEARWATER, FLORIDA MANDALA Y AVENUE RECONSTRUCTION PROJECT SCOPE OF SERVICES FOR LIMITED SERVICES DURING CONSTRUCTION 1. Prebid Conference ENGINEER will attend a Pre-bid Conference, which will be advertised by the City. ENGINEER's construction service representative and an engineer will attend the conference. ENGINEER will not prepare minutes from the conference. 2. Addendum ENGINEER will prepare Addenda required for the bidding process. CDM will provide an original copy of the addenda to the City for copies and distribution. One (1) addendum is anticipated for this project. Additional Addendum will be considered as additional services. 3. Preconstruction Conference ENGINEER will attend a Pre-construction Conference, which will be coordinated by the City. ENGINEER'S construction service representative and an engineer will attend the conference. 4. Visits to Site and Observation of Construction ENGINEER will make visits to the site at intervals appropriate to the various stages of construction, as ENGINEER deems necessary to observe the progress and quality of the various aspects of the contractor's work to permit the design engineer to provide the required professional engineering certification to the permitting agencies. 5. Clarifications and Interpretations ENGINEER will issue necessary routine clarifications, evaluation for material substitutions and interpretations of the Contract Documents as appropriate to the orderly completion of the work. Such clarifications and interpretations will be consistent with the intent of and reasonably inferable from the Contract Documents. The anticipated duration for this service is thirteen (13) months or fifty-seven (57) weeks. Additional clarifications and interpretations that occur beyond this duration shall be considered as additional services. CDM Camp Dresser & McKee Inc. - S:IClWA TERltb01073.doc , . 6. Requests for Information (RFI) In addition to the routine clarifications and/ or interpretations to be issued by ENGINEER and ENGINEER will also issue responses to RFIs during the project. Twenty (20) RFIs are budgeted for this project. Additional RFIs will be considered as additional services. 7. Shop Drawings ENGINEER will review and approve (or take other appropriate action in respect of) Shop Drawings and Samples and other data which the contractor is required to submit, but only for conformance with the information given in the Contract Documents and compatibility with the design concept of the completed project as a functioning whole as indicated in the Contract Documents. Such reviews and approvals or other action will not extend to means, methods, techniques, sequences or procedures of construction or to safety precautions and programs incident thereto. Fifteen (15) shop drawings are budgeted for this project. A shop drawing resubmittal shall be included as one (1) each shop drawing, and not part of the original shop drawing submittal. Additional shop drawings will be considered as additional services. 8. Progress Meetings ENGINEER will attend monthly progress meetings. ENGINEER's construction service representative and an engineer will attend the meetings. ENGINEER will not prepare minutes of the meetings. Thirteen (13) progress meetings are anticipated for this project based on the planned duration of the construction project. Attendance at additional progress meetings will be considered as additional services. 9. Substantial and Final Completion Following notice from the contractor that the contractor considers the entire work ready for its intended use, ENGINEER will attend a Substantial Completion inspection with the City and the Construction Manager to assist in determining if the work is substantially complete. One (1) each substantial completion inspection is anticipated for the project. Additional substantial completion inspections will be considered as additional services. If after considering any objections of the City, ENGINEER considers as the work substantially complete, ENGINEER will provide a tentative punch-list of items to be corrected or completed to the City. ENGINEER will not issue a Certificate of Substantial Completion. Following completion of the punch-list, ENGINEER will attend a Final Completion inspection to assist in determining the project construction is complete. 10. Record Drawings ENGINEER understands the City will contract for full construction management responsibilities with another engineering firm (Construction Manager) and that after completion of construction the Construction Manager will provide a written certification statement that the project was constructed in accordance with the CDM Camp Dresser & McKee Inc. S:\CLWA TERllbO1 073.doc plans and specifications. The ENGINEER will provide limited construction phase services based on a 13-month construction time frame to project completion. ENGINEER will prepare Record Drawings from, as-built drawings prepared by the contractor and the Construction Manager in both paper and digital format. Preparation of Record Drawings will be based on ENGINEER's review of marked-up record documents (including Plans, Shop Drawings, Samples and other data approved), which are to be assembled by the contractor in accordance with the Contract Documents. Professional Engineering certification will be based on information provided by the Construction Manager firm who has certified the project was constructed in accordance with the plans and specifications. 11. Project certifications Provide project certifications to permitting agencies based on a written statement of construction compliance with the plans and specifications from the Construction Manager, as-constructed information provided by the contractor and field observations. Limitation of Responsibilities ENGINEER will not be responsible for the acts or omissions of any contractor, or of any other person or organization performing or furnishing any of the work. ENGINEER will not be responsible for the contractor's failure to perform or furnish the work in accordance with the Contract Documents. Additional services requiring authorization form the city: . Bid tabulation and recommendation of award. . Notice of Award. . Scheduling/ performing construction, or testing. . Land surveying services. . Assistance as an expert witness in any litigation arising from the development or construction of the project. . Attendance at arbitration hearings or any hearings before various approving or regulatory agencies. . Review of Value Engineering proposals. . Observe performance tests required by the Technical Specifications. . Review of testing reports. . Extra travel beyond the local travel that is normally required to observe the work. . Inspection responsibilities. . Field orders, work change directives, or change orders. . Final Inspection. . Review of the contractor's schedule. . Additional field services beyond the 13-month anticipated project duration caused by contractor failure to complete project on schedule. CDM Camp Dresser & McKee Inc. S:ICLWA TERltb01073.doc . . Any subtasks that exceed the duration or quantities established in the above subtasks shall be considered as additional services and shall be compensated at the following rates: Plan Interpretation $900/ week Site visits $1150/each RFls $350/ each Shop Drawings $365/ each Progress Meetings $925/ each Substantial Completion Inspection $2,100/ each CDM Camp Dresser & McKee Inc. S:ICLWA TERllb01073.doc . . CITY OF CLEARWATER MANDALA Y AVENUE/PAPAYA STREET/SAN MARCO STREET IMPROVEMENTS CONSTRUCTION ENGINEERING AND INSPECTION SERVICES (CE&I) REVISED PBS&J WORK ORDER INITIATION FORM Date: October 17, 2001 PBS&J Project No. City Project No.: 1. PROJECT TITLE: Mandalay A venue/Papaya Street/San Marco Street Improvements Construction Engineering and Inspection Services (CE&I) 2. PROJECT INFORMATION: This project will consist of realignment of the existing roadways, medians, curbing and sidewalks for the Mandalay Streetscape project consisting of the redevelopment and enhancement of the infrastructure of Mandalay Avenue, Papaya Street, San Marco Street, Baymont Street and North Gulf View Boulevard in Clearwater Beach. The infrastructure improvements include installation of a new storm drainage system and coordination arid protection of existing multiple utility lines throughout the project. The existing curb lines and sidewalks are to be realigned prior to the milling and resurfacing of the streets. The project is expected to start with improvements to the curbing and turning lanes at the Memorial Causeway fountain and proceed northward. Construction is expected to start immediately following the November 15, 2001 bid opening. 3. SPECIAL CONSIDERATIONS: . The project site is extremely complicated due to the daily volume of traffic, the multitude of underground utilities, both known and unknown, and the proximity of the local business owners. Many of the small businesses that line the streets will be within a few feet of the construction limits. The maintenance of traffic is to be coordinated in four phases in an effort to relieve the anticipated traffic congestion and protect the beach pedestrians. A construction schedule of 365 calendar days has been established with a stop work clause during the months of March and April, 2002 for the spring break. We anticipate that although the construGtion will cease during the spring break, the general contractor will be required to maintain the MOT devices on a daily basis. F:\COMMON\Clearwater\Beach Street Improvements CEI\Scope\CEI Svcs-SCOPE.doc -1- " 4. SCOPE OF WORK: The minimum criteria for the scope of services shall be: A. Provide a senior and junior level inspector team to monitor, inspect, photograph and document the daily construction activities. PBS&J's inspector's primary goal would be to confirm and document construction compliance with the approved plans and specifications. PBS&J's Senior Inspector would have the additional responsibility of service as project liaison to the local business owners. Upon request, PBS&J would facilitate scheduled community meetings to inform the public of future construction activities including lane closures and schedules. B. Provide a Florida Professional Engineer for project coordination and management during the pre-construction meeting and throughout the project duration. C. Provide the City of Clearwater with summaries of project performance with a review and approval of the contractor's pay request. 5. BUDGET: A maximum fee of $241.277.68 has been established for this assignment. 6. SCHEDULE: This assignment shall be completed within 365 calendar days after notice to proceed has been received. 7. PBS&J STAFF ASSIGNMENTS: Ben Doan (813)282-7275, Ext. 492 8. CORRESPONDENCE/REPORTING PROCEDURES: All correspondence and reports shall be sent to Gary Johnson. Copies of all correspondence shall be sent to Mike Quillen, P.E. F:\COMMON\Clearwatcr\Bcach SlreellmprovemcnlS CEI\Scope\CEI Svcs-SCOPE,doc -2- 9. INVOICING/FUNDING PROCEDURES: The budget for this work is a maximum of $241.277.68 based on actual time and direct reimbursable costs expended. Invoicing Method A, Cost Times Multiplier shall be used. Phase I: 348-92148-561200-541-000 $25,092.88 City Invoicing Code: Phase 2: 315-9226 I-56 1200-541-000 $216,184.80 PREPARED BY: CITY 2f'",--Ai ~ , Id--(8;-o1 Date PHS&J ~~~ Ben W. Doan, P.E. Date Vice President F:\COMMON\Clearwater\Beach Street Improvements CEI\Scope\CEI Svcs-SCOPE.doc -3- /~0.,;.11 POST, BUCKLEY, SCHUH & JERNIGAN, INC CITY OF CLEARWATER ENGINEER OF RECORD CONTRACT REVISED LABOR COST ESTIMATE . . PROJECT: Mandalay Avenue/Papaya Streett San Marco Street Streetscape CITY PROJECT NO. PBS&J PROJECT NO.: EMPLOYEE CLASSIFICATION TOTAL TOTAL TASK ACTIVITY PROJ STAFF RAW MGR Clerical HOURS LABOR 1 Inspectors for Documentation, Monitoring and Coordination STAFF HOURS 1931 1898 3829 HOURLY RAW RATE $20.00 $15.00 STAFF HOURS 231 HOURLY RAW RATE $44.50 STAFF HOURS 182 HOURLY RAW RATE $18.31 STAFF HOURS HOURLY RAW RATE GRAND TOTAL STAFF HOURS 0 231 1931 1898 182 0 0 ESTIMATED RAW LABOR COST $0 $10,280 $38,620 $28,470 $3,332 $0 $0 IESTIMA TED MULTIPLIED LABOR COST $238,877.68 I TOTAL EXPENSES $2,40000 TOTAL COST $241, DIRECT EXPENSES: COPY MACHINE REPRODUCTION PHOTOGRAPHS QUANTIT'l'PRICE 3,000 $0.10 PRICE $300.00 $2,100.00 $2,400.00 TOTAL COSTS: Estimate a 12 month schedule minus April and May for Spring Break "common.clearwater:beach street Improvements:manhours:Beach Street Improvements Manhour.xls 10/17/01 " CEI CONSULTANT ESTIMATED STAFFING Consultant Neme: Consultant Asdress: Project Manager: Telephone Number: Date: Post, Buckley, Schuh and Jernigan, Inc. 5300 West Cypress Street - Suite 275 Ben W. Doan, P.E. (813)282-7275 Fax: (813)282-1421 10/1812001 Proiect Name: Mandalay/PaoayalSan Marco Streetscaoe Clearwater Florida Description' Enhancements! Drainage/ utilities . PBS&J Construction Services 2001 2002 Totals Totals Personnel Classifications Name in in Nov Dec Jan Feb Mar Aor May Jun Jul Aug Sep Oct Nov Dec Months Manhours Sr. Inspector 0.5 1.0 1.0 1.0 1.0 0.1 0.1 1.0 1.0 1.0 1.0 1.0 1.0 1.0 11.7 1931 Inspector 0.5 1.0 1.0 1.0 1.0 0.0 0.0 1.0 1.0 1.0 1.0 1.0 1.0 1.0 11.5 1898 Project Manager 0.1 0.1 0.1 0.1 0.1 0.1 0.1 0.1 0.1 0.1 0.1 0.1 0.1 0.1 1.4 231 Clerical 0.0 0.1 0.1 0.1 0.1 0.0 0.0 0.1 0.1 0.1 0.1 0.1 0.1 0.1 1.1 182 TOTALS IN MAN MONTHS 1.10 2.20 2.20 2.20 2.20 0.20 0.20 2.20 2.20 2.20 2.20 2.20 2.20 2.20 25.7 4242 Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec CEI Estimated Staffing Based on 165 hours per man-month I J /J :;/0 I l~ c.:~\.~ - ~XvL~ ui .%~ A-~~~~Y' 11...m t lL .... ....... o .:~::::::r :1:,'III~:II~~::111 :I~I~~}:;:::~:':::I~::.:: >- ............ .......... .... .'. ..........1.. rwa er ...... ..... .. . .... . ...... ...... .. .... .. ............ .............. .... ...... .' :':';':';';'. .......;.;.. .".: ....: I- .:::;:::;:tti;::;::::::::::' . ._~.::::~~~~::::::::)::~_. () DATE: October 8, 2001 PUBLIC WORKS ADMINISTRATION SENDING FAX NO. (727) 562-4755 OFFICE PHONE NO. (727) 562-4750 TO: ALL PROSPECTIVE BIDDERS FOR: MANDA LAY AVENUE/PAPAYA STREET/SAN MARCO RECONSTRUCTION (99-0098-EN) Alice Eckman, Engineering Services Technician FROM: MESSAGE: PLEASE ACKNOWLEDGE RECEIPT OF THIS ADDENDUM NO. 2 FOR THE "MANDALAY AVENUE/PAPAYA STREET/SAN MARCO RECONSTRUCTION PROJECT ( 9 9 - 0 0 9 8 - EN)" BY FAXING THIS COVER SHEET BACK TO ME AT 727 562-4755 OR EMAIL MEATaeckman@clearwater-fl.com. THANK YOU. TOTAL SHEETS FAXED INCLUDING THIS PAGE - 13 CONTRACTOR: CONTACT: PHONE: DATE RECEIVED: CITY OF CLEARWAT R POST OFFICE Box 4748, CLEARWATER, FLORIDA 33758-4748 TELEPHONE (727) 562-4750 FAX (727) 562-4755 PuBLIC WORKS ADMINISTRATION ADDENDUM NO.2 FOR MANDALAY AVENUE/PAPAYA STREET/SAN MARCO RECONSTRUCTION CLEARWATER, FLORIDA Contract No. 99-0098-EN DATE: October 8,2001 SUBJECT: Addendum No.2 to Plans and Specifications for MANDALAY AVE.lPAPAYA ST.lSAN MARCO RECONSTRUCTION (99-0098-EN) Clearwater, Florida TO: Prospective Bidders and Others Concerned The Plans and Specifications for the subject project shall be supplemented and/or amended as follows: NEW PROPOSALS SHEETS FOR YOUR USE WITH PAGE NUMBERS. NOTE: LAST PAGE ITEM #269 DELETED ITEM #274 DELETED The foregoing change shall be incorporated into the Plans and Specifications for the Mandalay Avenue/Papaya Street/San Marco Reconstruction (99-0098-EN) THE CITY OF CLEARWATER PINELLAS COUNTY, FLORIDA By: /slWilliam B. Horne. II City Manager BRL^\N]. AUNGST, MAYOR-COMMISSIONER ED HART, VICE MAYOR-COMMISSIONER WHITNEY GRAY, COM\IISSIO'\EI~ HoYT HAMILTON, COMMISSIONER * BII.I.]ONSON, COM\IlSSIO'\ER "EQUAL EMPLOY1I1ENT AND AFFIRMATNE ACTION EMPLOYER" Project: Mandalay Ave.lPapaya St./San Marco Reconstruction ITEM EST. UNIT NO. DESCRIPTION UNIT QTY. PRICE TOTAL MOBILIZATION, BOND PREMIUMS AND L.S. 1 INSURANCE (MAXIMUM OF 5% OF TOTAL BID AMOUNT) 2 MAINTENANCE OF TRAFFIC L.S. 1 3 PROJECT SIGN EA. 2 4 DUST CONTROL - CALCIUM TONS 3 CHLORIDE (CONTINGENCY) 5 DUST CONTROL - WATER 1000 GAL 30 (CONTINGENCY) 6 BALED HAY OR STRAW TON 3 (CONTINGENCY) 7 FLOATING TURBIDITY BARRIER LF 50 8 EXCAVATION - UNSUITABLE c.Y. 500 MATERIAL (CONTINGENCY) 9 GRADING L.S. 1 10 CRUSHED STONE #57 ~ BEDDING OR TRENCH TONS 40 EXCAVATION (CONTINGENCY) 11 REMOVE EXISTING HEDGES/PLANTINGS L.S. 1 12 REMOVE EXISTING 0.5' CURB L.F. 4001 13 REMOVE EXISTING 2' CURB L.F. 1415 14 REMOVE EXISTING ASPHALT DRIVE S.Y. 171 15 REMOVE EXISTING CONCRETE DRIVE S.Y. 157 16 REMOVE EXISTING PAVEMENT S.Y. 4948 AND BASE 17 REMOVE EXISTING SIDEWALK S.Y. 3276 18 REMOVE EXIST BRICK PAVERS S.Y. 50 19 RELOCATE EXIST BOLLARDS EA. 8 20 1-1/2" ASPHALT CONCRETE, S.Y. 2146 TYPE PC-l 14 Project: Manda/ay Ave./Papaya St./San Marco Reconstruction ITEM EST. UNIT NO. DESCRIPTION UNIT QTY. PRICE TOTAL 21 12" CRUSHED CONCRETE BASE, S.Y. 2146 LBR -100 22 12" STABILIZATION, TYPE B, S.Y. 2502 LBR-40 23 STANDARD MILL AND RESURFACE S.Y. 6707 WITH 1-1/2" ASPHALTIC CONCRETE, TYPE PC-l 24 SPECIAL MILL AND RESURFACE S.Y. 3293 WITH 1-1/2" ASPHALTIC CONCRETE, TYPE PC-l 25 TYPE "B" CONCRETE CURB L.F. 409 FDOT INDEX 300 26 TYPE "D" CONCRETE CURB L.F. 4321 27 TYPE "F" CONCRETE CURB L.F. 3131 FDOT INDEX 300 28 CONCRETE V ALLEY GUTTER L.F. 179 FDOT INDEX 300 29 6" MIN. TIDCKNESS CONCRETE S.Y. 5604 SIDEWALK, DRIVEWAY AND RAMPS 3000 PSI WITH FIBERMESH ADDITIVE 30 EMBEDDED SEASHELL S.Y. 5604 AGGREGATE FOR CONCRETE SIDEWALK, DRIVEWAY, AND RAMPS (SEPARATE BID ITEM FOR CONCRETE) 31 12" WIDE BY 9" DEEP CONC BORDER L.F. 1571 32 CROSSWALK AND DRIVE APRONS: S.Y. 85 CONCRETE PAVER P-30 "CLEARWATER SUNSHINE," WITH 6" CONCRETE BASE, 3000 PSI 33 TRAFFIC MEDIAN: CONCRETE SF 1094 PAVER P-40 ORANGE, WITH 6" CONCRETE BASE, 3000 PSI 34 TREE GRATE OPENINGS EA. 96 14a Project: Mandalay Ave.lPapaya St./San Marco Reconstruction ITEM EST. UNIT NO. DESCRIPTION UNIT QTY. PRICE TOTAL 35 INSTALL PARKING METER SLEEVES EA. 36 (FURNISHED BY CITY) 36 BRICK PAVERS WITH CONCRETE S.Y. 1748 BASE 37 RESTORATION OF MARINA ENTRANCE L.S. 1 DRIVEWAY ON CORONADO DRIVE (COMPLETE) 38 THRU48 RESERVED 49 CLEANING OF EXISTING STORM SEWER L.S. 1 SYSTEM 50 10" DUCTILE IRON PIPE L.F. 36 50A 12" DUCTILE IRON PIPE L.F. 55 51 12" CULVERT L.F. 103 52 15" DIP L.F. 55 53 15" CULVERT L.F. 1207 54 18" CULVERT L.F. 629 55 24" CULVERT L.F. 324 56 CONSTRUCTION CURB INLET TOP TYPE 2 ON EA 2 RELOCATEDALT A3' 6" DIA BOTT (includes pipe removal) 57 REMOVE EXISTING INLETS EA 27 58 SINGLE GRATE INLET EA 9 59 CONSTRUCT MODIFIED TYPE V INLET EA 6 60 TYPE V INLET EA 2 61 TYPE G INLET EA 62 STORM MANHOLE EA 10 63 CONNECT TO EXISTING SEAWALL EA 14b Project: Mandalay Ave./Papaya SUSan Marco Reconstruction ITEM NO. EST. UNIT QTY. DESCRIPTION 64 CONNECT TO EXISTING STORM EA 10 STRUCTURE (SINGLE OR DBL PIPE) 65 ADJUST EXISTING STORM AND EA 13 SANITARY SEWER MANHOLE TOPS 66 REPLACE IN-SERVICE SANITARY EA 2 SEWER LATERALS 67 REPLACE AND CAP NON IN- EA 18 SERVICE SEWER LATERALS 68 THRU 69 RESERVED 70 RELOCATE EXISTING SIGN AS. 21 71 ROADSIDE SIGN (LESS THAN 12 SF) AS. 22 PELCO SIGN ASSEMBLY 72 REFLECTIVE PAVEMENT MARKER EA 75 (MONO-DIR., COLORLESS) 73 REFLECTIVE PAVEMENT MARKER EA 8 (BI-DIR., AMBER/AMBER) 74 YELLOW REFLECTIVE PAINT S.F. 42.3 (ISLAND NOSE) 75 SKIP TRAFFIC STRIPE 6" L.F. 3306 THERMOPLASTIC (6' -10' SKIP) 76 SKIP TRAFFIC STRIPE 12" L.F. 93 THERMOPLASTIC (18" -18" SKIP) 77 SOLID TRAFFIC STRIPE 6" L.F. 4580 THERMOPLASTIC - WHITE 78 SOLID TRAFFIC STRIPE 6" L.F. 2705 THERMOPLASTIC - YELLOW 79 SOLID TRAFFIC STRIPE 6" L.F. 443 THERMOPLASTIC - DOUBLE YELLOW 80 SOLID TRAFFIC STRIPE 18" L.F. 217 THERMOPLASTIC - YELLOW 14c UNIT PRICE TOTAL Project: Manda/ay Ave./Papaya St./San Marco Reconstruction ITEM EST. UNIT NO. DESCRIPTION UNIT QTY. PRICE TOTAL 81 SOLID TRAFFIC STRlPE 24" L.F. 141 THERMOPLASTIC - WHITE 82 REMOVAL OF EXISTING L.S. SIGNALIZATION SYSTEM 83 GROUNDING ELECTRODE L.F. 130 (620-1-1) 84 CONDUIT (UNDERGROUND) L.F. 30 (630-1-12) 85 SIGNAL CABLE P.I. (632-7-1) 86 PULL BOX EA 9 (635-1-11) 87 ELECTRlCAL POWER SERVICE AS. (639-1-22) (UNDERGROUND) 88 ELECTRlCAL SERVICE WIRE L.F. 50 (639-2-1) 89 MAST ARM COMBINATION STEEL AS. FURNISH AND INSTALL (647-11-25)(SINGLE ARM = 25') 90 MAST ARM COMBINATION STEEL AS. 1 FURNISH AND INSTALL (647-11-28)(SINGLE ARM = 28') 91 MAST ARM COMBINATION STEEL AS. FURNISH AND INSTALL (647-11-100)(DOUBLE ARM TOTAL = 80') 92 TRAFFIC SIGNAL- 3 SEe., I-WAY AS. 8 (650-1-131) 93 PEDESTRlAN SIGNAL - 1 SEe., 2- WAY AS. 4 (653-112) 94 TUNNEL VISORS EA 24 (659-106) 95 ALUMINUM PEDESTALS - PELCO EA (659-107) 14d Project: Mandalay Ave./Papaya SUSan Marco Reconstruction ITEM EST. UNIT NO. DESCRIPTION UNIT QTY. PRICE TOTAL 96 INDUCTIVE LOOP DETECTOR EA 6 ( 660-1-105) 97 LOOP ASSEMBLY (TYPE B, 6'x6') AS. 2 (660-2-102) 98 LOOP ASSEMBLY (TYPE F, 6'x30') AS. 6 (660-2-106) 99 PEDESTRiAN DETECTOR STATION EA 6 (665-11)(POLE MOUNTED) 100 PEDESTRiAN DETECTOR STATION EA 2 (665-13)(MOUNT ON PEDESTAL) 101 TRAFFIC CONTROLLER ASSEMBLY AS. 1 (670-113-034) 102 MAST ARM MOUNTED SIGN AS. 4 (700-89-1 ) 103 MAST ARM FOUNDATION L.S. 2 (SINGLE ARM) 104 MAST ARM FOUNDATION L.S. 1 (DOUBLE ARM) 105 THRU 119 RESERVED 120 CONNECT TO EXISTING RECLAIMED L.S. 121 2" PVC RECLAIMED WATER L.F. 40 122 4" PVC RECLAIMED WATER L.F. 94 123 8" PVC RECLAIMED WATER L.F. 1252 124 2"GV EA 125 4"GV EA 126 8"GV EA 127 INSTALL SEWER SHIELD IN EXISTING EA 3 SANITARY MANHOLES 128 SPARE CONDUIT L.F. 67 (2 CONDUIT BANK) 14e Project: Mandalay Ave./Papaya SUSan Marco Reconstruction ITEM EST. UNIT NO. DESCRIPTION UNIT QTY. PRICE TOTAL 129 SPARE IRRIGATION CONDUIT L.F. 67 (2 CONDUIT BANK) 130 2.5" FPC CONDUIT L.F. 4131 131 4" FPC CONDUIT L.F. 2864 132 6" FPC CONDUIT L.F. 1983 133 FLUSH MOUNTED STREET LIGHT EA. 36 PEDESTAL 134 FPC PULL BOX EA. 6 135 TRANSFORMER PADS EA. 1 (FIG 17) 136 TRANSFORMER PADS EA. 9 (FIG 18) 137 RESERVED 138 RECONNECT EXISTING SERVICES L.S. 1 139 TIME WARNER 2-INCH PVC CONDUIT L.F. 149 (7 CONDUIT BANK) 140 TIME WARNER 2-INCH PVC CONDUIT L.F. 319 (6 CONDUIT BANK) 141 TIME WARNER 2-INCH PVC CONDUIT L.F. 320 (5 CONDUIT BANK) 142 TIME WARNER 2-INCH PVC CONDUIT L.F. 757 (4 CONDUIT BANK) 143 TIME WARNER 2-INCH PVC CONDUIT L.F. 187 (3 CONDUIT BANK) 144 TIME WARNER 2-INCH PVC CONDUIT L.F. 272 (2 CONDUIT BANK) 145 TIME WARNER 2-INCH PVC CONDUIT L.F. 47 (SINGLE CONDUIT) 146 TIME WARNER V AUL T EA. 2 147 VERIZON MEDIA 4 - INCH PVC CONDUIT L.F. 266 (2 CONDUIT BANK) 14f Project: Mandalay Ave./Papaya St./San Marco Reconstruction ITEM EST. UNIT NO. DESCRIPTION UNIT QTY. PRICE TOTAL 148 VERIZON MEDIA 4 - INCH PVC CONDUIT L.F. 581 (SINGLE CONDUIT) 149 REMOVAL AND DISPOSAL OF L.S. $5,000.00 $5,000.00 CONTAMINATED SOILS AND DEWATERING 150 RELOCATE EXISTING IRRIGATION VALVE L.S. BOX (9 LOCATIONS) 151 RELOCATE EXISTING TRAFFIC SIGNAL L.S. BOX (9 LOCATIONS) 152 REPLACE EXISTING RECLAIMED WATER L.S. VALVE BOX WITH TRAFFIC RATED VALVE BOX (1 LOCATION) 153 RELOCATE EXISTING FIRE HYDRANT L.S. 1 154 RELOCATE EXISTING ELECTRICAL L.S. 155 THRU 199 RESERVED 200 MEDJOOL DATE PALMS, 20' CLEAR WOOD (CW), EXISTING PALMS TO BE TRANSP ANTED INCLUDING TREE STAKING PER THE DETAILS EA 3 201 CABBAGE PALM, MIN. 3' x 3' ROOT BALLS, 15' CLEAR WOOD, NO BOOTS, WITH MATCHING STRAIGHT CLEAN TRUNKS, INCLUDING TREE STAKING, AND AGRIFORM FERTILIZER TABLETS PER THE DETAILS AS APPLICABLE EA 145 202 BOUGAINVILLEA, (RED-PURPLE) (3 GAL.), 20" HT. X 24" SP. * EA 29 203 CRINUM LILY (7 GAL.), 36" SP. * EA 3 204 KING SAGO (7 GAL.), 12" HT. X 24" SP. * EA 10 205 FOUNTAIN GRASS 'WHITE' (3 GAL.), 30" HT., EA 206 FULL * 206 DWARF INDIA HAWTHORN (3 GAL.), 14" HT. X 14" SPD., DENSE * EA 854 207 PARSON'S mNIPER (1 GAL.), 16" SPD., FULL * EA 708 208 DUNE SUNFLOWER (1 GAL.), 12" SPD., FULL * EA 770 14g Project: Mandalay Ave./Papaya SUSan Marco Reconstruction ITEM EST. UNIT NO. DESCRIPTION UNIT QTY. PRICE TOTAL * INCLUDING AGRIFORM FERTILIZER TABLETS AND TERRASORB PER THE DETAILS 209 MULCH, SHREDDED CYPRESS, GRADE B OR BETTER, 3" DEPTH CY 130 210 TRASH RECEPTACLES, "IRONSITES/BETHESDA SERIES BY VICTOR STANLEY, INC., MODEL S-42 (32 GAL.) WITH S-2 LID, METAL RIBBON TO MATCH BENCH, COLOR AND FINISH AS SHOWN ON THE PLANS EA 23 211 ASH URNS, "IRON SITES/BETHESDA SERIES BY VICTOR STANLEY, INC., MODEL S-20 (6 GAL.), METAL RIBBON TO MATCH BENCH, COLOR AND FINISH AS SHOWN ON THE PLANS EA 23 212 5 LOOP CUSTOM BIKE RACK WITH 2 DOUBLE- SIDED ALUMINUM WELKLOGO MEDALLIONS (2 MEDALLIONS PER 5 LOOP BIKE RACK), COLOR AND FINISH AS SHOWN ON THE PLANS EA 213 BENCHES, "RIVIERA" BY BEACON PRODUCTS, INC., 6 FEET LENGTH CAST ALUMINUM RIBBON TO MATCH TRASH RECEPTACLE, COLOR AND FINISH AS SHOWN ON THE PLANS. BENCH ARMS MODIFIED TO ACCEPT 4 DOUBLE- SIDED "WELK" LOGO MEDALLIONS (2 MEDALLIONS PLACED BACK TO BACK) EA 25 214 CUSTOM PRE-FABRICATED KIOSK AS SHOWN ON THE PLANS EA 215 3" SCHEDULE 40 PVC MAINLINE LF 240 216 2" SCHEDULE 40 PVC MAINLINE LF 400 217 2" SCHEDULE 40 PVC LATERAL MAINLINE LF 150 218 1-1/2" SCHEDULE 40 PVC LATERAL PIPE LF 200 219 1-1/4" SCHEDULE 40 PVC LATERAL PIPE LF 1,200 220 I" SCHEDULE 40 PVC LATERAL PIPE LF 1,600 221 3/4" SCHEDULE 40 PVC LATERAL PIPE LF 1,500 222 1/2" SCHEDULE 40 PVC LATERAL PIPE LF 1,750 14h Project: Mandalay Ave./Papaya SUSan Marco Reconstruction ITEM EST. UNIT NO. DESCRIPTION UNIT QTY. PRICE TOTAL 223 6" SCHEDULE 40 PVC LATERAL PIPE LF 140 224 4" SCHEDULE 40 PVC SLEEVE PIPE LF 730 225 2" SCHEDULE 40 PVC SLEEVE PIPE LF 8,200 226 1" SCHEDULE 40 PVC SLEEVE PIPE LF 480 227 HUNTER SRS SERIES POP-UP SPRAY EA 51 228 NETAFIM PRESSURE COMPENSATING EMITTERS EA 42 229 RAINBIRD 1402 SERIES BUBBLER EA 190 230 NETAFIM TECHLINE DRIP TUBE LF 5,500 231 IRRlTROL (1-1/2") 200B SERIES ELECTRIC CONTROL VALVE w/LAVENDERI.D. TAGS EA 2 232 IRRlTROL (1") 200B SERIES ELECTRIC CONTROL VALVE w/LA VENDER I.D. TAG EA 233 RAINBIRD XCZ-075 CONTROL ZONE KITS w/LAVENDERI.D. TAGS EA 7 234 RAINBIRD ESP-12LX + AUTOMATIC CONTROLLER EA 235 HUNTER MINI-CLICK RAIN SHUTOFF DEVICE EA 236 2" NIBCO SCOTT T113 GATE VALVE EA 237 3" NIBCO SCOTT T113 GATE VALVE EA 2 238 NET AFIM FLUSH VALVE ASSEMBLY EA 54 (Approx.) 239 NET AFIM AIR RELIEF VALVE ASSEMBLY EA 36 (Appro x.) 240 POINT OF CONNECTION TO NEW (8") RECLAIMED MAINLINE EA 241 POINT OF CONNECTION TO EXISTING (3") MAINLINE EA 2 242 IRRIGATION CONTROL WIRE 14 GUAGE DIRECT BURIAL LF 5,000 243 MODIFICATION & RELOCATION OF EXISTING IRRIGATION LS 244 AMETEK (6") ROUND VALVE BOX EA 36 14i Project: Mandalay Ave./Papaya St./San Marco Reconstruction ITEM EST. UNIT NO. DESCRIPTION UNIT QTY. PRICE TOTAL 245 AMETEK(10") ROUND VALVE BOX EA 58 246 AMETEK(12") RECTANGULAR VALVE BOX EA 10 ITEMS 247 THRU 269 RESERVED 270 MISe. VALVE BOX COVER ADJUSTMENT L.S. 271 UTILITY LOCATION MARKINGS L.S. 272 MAINTENANCE OF PEDESTRIAN TRAFFIC L.S. l' INDEMNIFICATION 273 MISe. WORK AND CLEANUP (MAXIMUM OF 5% L.S. 1 OF TOTAL BID AMOUNT) CONTRACTOR: BIDDER'S GRAND TOTAL (NUMBERS) $ BIDDER'S GRAND TOTAL (WORDS) $ The Bidder's Total above Is Total Bid Based on His Unit Prices and Lump Sum Prices and the Estimated Quantities Required. This figure is for information only at the time of opening bids. The City Will Make the Tabulation from the Unit Prices and Lump Sum Prices Bid. If there is an error in the total by the Bidder, it shall be changed as only the unit price and lump sum price shall govern. S:\Job SpecsIMandalay Proposal Sheeldoc 14j SEtil«? SUBJECT/RECOMMENDATION: Clearwater City Commission Agenda Cover Memorandum Worksession Item Fa Final Agenda Item # 36 Meeting Date: 11/15/01 Adopt Resolution 01-21 establishing the intent to reimburse certain stormwater project costs incurred with proceeds of future tax-exempt financing, and that the appropriate officials be authorized to execute same. SUMMARY: • A Stormwater rate study has been completed which proposes increasing the Stormwater Utility rate to $6.13 per Equivalent Residential Unit (ERU) effective January 1, 2002, to $7.16 per ERU effective October 1, 2002, to $8.01 per ERU effective October 1, 2003, to $8.65 per ERU effective October 1, 2004 and to $9.35 per ERU effective October 1, 2005. These rate increases are sufficient to provide for operations, capital projects, and debt service on bonds issued during this time period. • The rate study identified a need for approximately $72.4 million in capital projects, with bonds to be issued in 2002 of approximately $22,687,000, in 2004 of approximately $22,226,000 and in 2006 of approximately $7,979,000 to fund a portion of the needed capital improvements. Following is a list of $22,687,000 million in projects anticipated to be financed from the 2002 bond issue: • Town Pond $ 2,528,300 • Kapok Flood Resolution 12,538,080 • Myrtle Avenue Drainage Improvements 2551000 • Sharkey Road Drainage Improvements 900,000 • Stevensons Creek Implementation Projects 3,255,000 • Tropic Hills Drainage Improvements 550,000 • FDEP Compliance 968,000 • Storm Pipe. System Improvements 1,692,620 Total $ 22,687,000 • We anticipate issuing bonds in spring 2002 to finance these projects. The date of issuance will be determined at a later date based upon market conditions as well as other factors. • The Stormwater Fund will be incurring expenses on these projects prior to the issuance of the bonds. • This reimbursement resolution will allow for the City to be reimbursed from the Bond proceeds. Reviewed b • Legal Info Srvc N/A Originating Dept:, Finance M. Simmons Costs Total Bud et g Public Works User Dept. Funding Source: _ Purchasing N/A DCM/ACM Public Works Current FY Cl Risk Mgmt N/A Other /A Attachments OP Resolution 01-21 Other Submitted by: City Manager a None Appropriation Code: _ZYPrinted on recycled DaDer Rev. 2/98 RESOLUTION NO. 01-21 A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA ESTABLISHING ITS INTENT TO REIMBURSE CERTAIN PROJECT COSTS INCURRED WITH PROCEEDS OF FUTURE TAX-EXEMPT FINANCING; PROVIDING CERTAIN OTHER MATTERS IN CONNECTION THEREWITH; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Clearwater, Florida (the "Issuer") has determined that the need exists to construct certain capital improvements to the City's stormwater system together with engineering work regarding the stormwater facilities (collectively, the "Project"); NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA THAT: SECTION 1. AUTHORITY. This Resolution (hereinafter called the "Resolution") is adopted pursuant to the provisions of the Florida Constitution, Chapter 166, Florida Statutes, and other applicable provisions of law. SECTION 2. DECLARATION OF INTENT. The Issuer hereby expresses its intention to be reimbursed from proceeds of a future, tax-exempt financing for capital expenditures to be paid by the Issuer in connection with the construction of the Project. Pending reimbursement, the Issuer expects to use funds on deposit in its stormwater utility funds, general funds and other funds legally available to pay a portion of the cost of the Project. It is not reasonably expected that the total amount of debt to be incurred by the Issuer to reimburse itself for expenditures paid with respect to the Project will exceed $_ million. This Resolution is intended to constitute a "declaration of official intent" within the meaning of Section 1.150-2 of the Income Tax Regulations. Resolution No. 01-21 SECTION 3. SEVERABILITY. If any one or more of the provisions of this Resolution shall for any reason be held illegal or invalid, such illegality or invalidity shall not affect any other provision of this Resolution, but this Resolution shall be construed and enforced as if such illegal or invalid provision had not been contained therein. SECTION 4. REPEALING CLAUSE. All resolutions or orders and parts thereof in conflict herewith to the extent of such conflicts, are hereby superseded and repealed. SECTION 5. EFFECTIVE DATE. This resolution shall take effect immediately upon its adoption. PASSED AND ADOPTED this day of , 2001. Brian J. Aungst Mayor-Commissioner Approved as to form: Pamela K. Akin City Attorney Attest: Cynthia E. Goudeau City Clerk Work Session Item #: Clearwater City Commission == 1 Agenda Cover Memorandum Final Agenda Item # 3101 Meeting Date: 11/15/01 SUBJECT/RECOMMENDATION: Award a contract for consultant services in the amount of $2,556,533 to HDR Engineering, Inc. of Tampa, Florida for property management, acquisition of mobile homes and relocation for development of the Kapok Wetland and Floodplain Restoration Project, 9 and that the appropriate officials be authorized to execute same. SUMMARY: • The Kapok Wetland and Floodplain Restoration Project was identified and prioritized as the top ranked flood control project in the Comprehensive Watershed Management Plan for the Alligator Creek Watershed Oune 1997), developed cooperatively with Clearwater, Pinellas County, Safety Harbor and the Southwest Florida Water Management District (SWFWMD). The project includes the purchase of the 37 acre mobile home park and relocation of the residents, allowing for floodplain restoration, wetland creation, habitat and water quality improvement, and recreation and educational facilities. • The project, from Kapok upstream through Cliff Stephens Park to U.S. 19, will allow the resolution of flooding problems in the upstream reaches of the basin within County and City jurisdiction. Improvements in the upstream reaches of the basin cannot be implemented without exacerbating the flooding in the mobile horne park. In addition to improving the water quality in Alligator Creek, thereby protecting Tampa Bay an Estuary of National Significance, S.W.I.M. Waterbody, and Outstanding Florida Water and Aquatic Preserve, the project will allow the continuance of a linear park from the Long Center on, Belcher Road to Tampa Bay. • The park property is held by a single owner, a management company that manages many other parks in Florida and in the US, which has indicated a willingness to sell. • The City advertised its need for a consulting firm for services for the acquisition of mobile homes, relocation of the residents and management of the park during the relocation. Four firms responded to the request for proposals, and following presentations, were ranked in the following order: HDR, Engineering, Inc., Tampa Bay Engineering Group, Inc., PBSR) and Wade Trim, Inc.. • The contract developed through negotiation with HDR is for $2,556,533. • SWFWMD has committed funding in the total amount of $3,000,000 in FY02 and FY03 for design and construction. O The City applied for additional funding through the State Florida Forever Program in August 2001, and is optimistic that funding will be approved as last year submittal ranked very high. • These costs were included in the FY2001 Stormwater Utility rate study update. The rate study update recommended interim financing in anticipation of the issuance of Stormwater Revenue Bonds in FY2002. Reviewed by: Legal Budget Purchasing Risk Mgmt Info Srvc NIA Public Works DCM/ACM Finance Originating Dept: V.J . PW Admin (T. Finfh) Total Costs $2,556,533 Submitted by: City Manager - Glm I User Dept. K - ` Public Works Administration Attachments IM None Funding Source: Current FY CIP X OP Other Appropriation Code: 375-96141-560100-539-000 377-96141-560100-539-000 Prinfntl nn rpeveltul nanNr $ 959,920.45 $1,596,612.55 ldna {tannlr • Resolution 01-21 was passed on November 15, 2001, establishing the City's intent to reimburse certain project costs incurred with future tax-exempt financing. The projects identified with 2002 revenue bonds as a funding source were included in the project list associated with Resolution 01-21. • Partial budget and funding with the proceeds from the issuance of the 1999 Stormwater Utility Revenue bonds in the amount of $959,920.45 will be transferred by a first quarter budget amendment from 375-96122 Stormwater Utility Rate Study Projects to 375-96141 Kapok Mobile Home Park. • The FY2002 Capital Improvement Program budget included planned funding of $1,192,080.00 with the proceeds from the issuance of Stormwater Revenue Bonds in project 377-96141 Kapok Mobile Home Park. The remaining required budget of $404,532.55 for this contract will be provided by a first quarter amendment reducing the budget in project 375-96122 Stormwater Utility Rate Study Projects and increasing the budget in 377-96141 Kapok Mobile Home Park. • The contract is available in the City Clerk Department for review. 2 AGREEMENT FOR PROFESSIONAL SERVICES This AGREEMENT is made and entered into on the day of , 2001 by and between the City of Clearwater, Florida (CITY) and HDR Engineering Inc., (ENGINEER). WITNESSETH: WHEREAS the CITY desires to engage the ENGINEER to perform certain professional services pertinent to such work in accordance with this Agreement; and WHEREAS the ENGINEER desires to provide such professional services in accordance with this Agreement; and WHEREAS the CITY selected the ENGINEER in accordance with the competitive selection process described in Section 287.055 of the Florida Statutes, and based on information. and representations given by the ENGINEER in a proposal dated February 2001: NOW, THEREFORE, in consideration of the premises and the mutual benefits which will accrue to the parties hereto in carrying out the terms of this Agreement, it is mutually understood and agreed as follows: 1.0 GENERAL. SCOPE OF THIS AGREEMENT The relationship of the ENGINEER to the CITY will be that of a professional consultant, and the ENGINEER will provide the professional and technical services required under this Agreement in accordance with acceptable engineering practices and ethical standards. 2.0 PROFESSIONAL TECHNICAL SERVICES 2.1 . The ENGINEER shall maintain an adequate and competent staff of professionally qualified personnel available to the CITY for the purpose of rendering the required engineering services hereunder, and shall diligently execute the work to meet the completion time established. 2.0 The Scope of Work shall include services to manage the Friendly Village of Kapok property from purchase through its complete vacation by all occupants, and implement a resident- sensitive relocation of park tenants which may include the acquisition o. relocation of. 1 individual mobile homes, and as further described in Exhibit "A" attached. 3.0 PERIOD OF SERVICE It is the intent of the parties hereto that this Agreement continue in force for a period of two years from the date of execution, subject to the provisions for termination contained herein. 4.0 INSURANCE REQUIREMENTS See Exhibit "B" attached. 5.0 GENERAL CONSIDERATIONS 5.1 All documents including field books, drawings, specifications, calculations, etc., supplied by the ENGINEER shall become the property of the CITY. The CITY acknowledges that such documents are not intended or represented to be suitable for use by the CITY or others for purposes other than those for which the documents are prepared. Any reuse of these documents without written verification or adaptation by the ENGINEER for the specific purpose intended will be at the. CITY's sole risk without liability or legal exposure to the ENGINEER. 5.2 The ENGINEER will provide expert witnesses, if required, to testify in connection with any suit at law. A supplemental agreement will be negotiated between the CITY and the ENGINEER describing the services desired and providing a basis for compensation to the ENGINEER. 5.3 Upon the ENGINEER's written request, the CITY will furnish or cause to be furnished such reports, studies, instruments, documents, and other information as the ENGINEER and CITY mutually deem necessary. 5.4 The CITY and the ENGINEER each bind themselves and their successors, legal representatives and assigns to the other party to this Agreement and to the partners, successors, legal representatives and assigns of each other party, in respect to all covenants of this Agreement; and, neither the CITY nor the ENGINEER will assign or transfer its interest in this Agreement without written consent of the other. 5.5 The ENGINEER agrees to indemnify and hold harmless the CITY, its officers and employees, from liabilities, damages, losses and costs, including, but not limited to reasonable attorney's fees, to the extent caused by the negligence, recklessness, or intentional wrongful misconduct of the ENGINEER and persons employed or utilized by the ENGINEER in the performance of the contract. 5.6 The ENGINEER agrees not to engage the services of any person or persons in the employ of the CITY to an allied capacity, on either a full or part-time basis, on the date of the 2 signing of this Agreement, or during its term. 5.7 Key personnel assigned to this project by the ENGINEER shall not be removed from the projects until alternate personnel acceptable to the CITY are approved in writing by the CITY. Key personnel are identified as: 5.8 The ENGINEER shall attach a brief status report on the project with each request for payment. 6.0 COMPENSATION 6.1 The ENGINEER shall be compensated for all services rendered under this Agreement in accordance with the provisions of Exhibit "A" Scope of Work, upon presentation of ENGMEER's invoice. An hourly rate schedule and typical methods of compensation are attached hereto as Exhibit "C". 6.2 The compensation. for services shall be invoiced by the ENGINEER and paid by the CITY once each month. Such invoices shall be due and payable upon receipt. 6.3 The ENGINEER agrees to allow full and open inspection of payroll records and expenditures in connection with hourly rate and cost plus fixed fee work assignments upon request of the CITY. 7.0 PROHIBITION AGAINST CONTINGENT FEES The ENGINEER warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the ENGINEER to solicit or secure this Agreement and that it has not paid or agreed to pay any persons, company, corporation, individual or firm, other than a bona fide employee working for the ENGINEER any fee, commission, percentage, gift, or any other consideration, contingent upon or resulting from the award or making of this Agreement. 8.0 TERMINATION This Agreement may be tenninated by either party with seven (7) days prior written notice, in the event of substantial failure to perform in accordance with the terms hereof by the other party through no fault of the terminating party. If this Agreement is terminated, the ENGINEER shall be paid in accordance with the provisions of outstanding Work Orders for all work perfonned up to the date of termination. 9.0 SUSPENSION, CANCELLATION OR ABANDONMENT If the project described in any Work Order is suspended, canceled, or abandoned by the 3 CITY, without affecting any other Work Order or this Agreement, the ENGINEER shall be given five (5) days prior written notice of such action and shall be compensated for professional services provided up to the date of suspension, cancellation or abandonment. This Agreement shall be administered and interpreted under the laws of the State of Florida. 10.0 TERMINATION OF CONVENIENCE Either the CITY or the ENGINEER may terminate the Agreement at any time by giving written notice to the other of such termination and specifying the effective date of such termination at least thirty (30) days before said termination date. If the Agreement is terminated by the CITY as provided herein, the ENGINEER will be paid for services rendered through the date of termination. 4 IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement on the date and year first above written. Countersigned: Brian J. Aungst Mayor-Commissioner Approved as to form and correctness: Jane C. Hayman Assistant City Attorney By: By: WITNESS: By: CITY OF CLEA.RWATER William B. Horne, II City Manager ATTEST: By: Cynthia E. Goudeau City Clerk 5 EXHIBIT "A" SCOPE OF SERVICES FRIENDLY VILLAGE OF KAPOK MOBILE HOME PARK 1.0 BACKGROUND This contract calls for turnkey services including real property acquisition, relocation, mobile home park management property management and disposition services for the proposed acquisition of the Friendly Village of Kapok Mobile Home Park. Once the subject property is acquired, there will be approximately 205 relocations. The number of parcels represented herein reflects THE CONSULTANT'S best estimate of the work to be accomplished. A 24-month contract period is anticipated. The estimated number of displacees may be subject to change. 2.0 SCOPE OF SERVICES THE CONSULTANT shall be responsible for all right of way functions as defined in this Scope of Services. THE CONSULTANT shall provide technical personnel meeting the requirements in appropriate numbers and at the proper times to ensure that the responsibilities assigned under this contract are effectively carried out. All tasks shall be performed in accordance with the guidelines, standards, procedures and directives that are a part of this contract either directly or incorporated herein by reference. 3.0 DEFINITIONS a. City: City of Clearwater, Florida b. Consultant: HDR Engineering, Inc., Florida Acquisition & Appraisal, Inc. and Rodeo Right of Way Services C., Project Manager: The City representative or agent with overall responsibility and authority to manage the right of way production tasks of the Consultant. -1- d. Asbestos Consultant: Licensed Individual/Firm pursuant to Florida Statutes 455.301 thru 455.309. 4.0 CITY RESPONSIBILITIES a. City will be responsible for the negotiation and acquisition of the park. b. City will review, approve and execute lease agreements prepared by THE CONSULTANT on City approved lease forms- c. City will prosecute civil action and/or eviction proceedings against tenants. d. If necessary, the City will coordinate with other agencies to resolve problems relative to environmental issues on the parent tract. e. THE CONSULTANT shall be entitled to rely upon that information which may be provided them from time to time, from the City or others on behalf of the City as being full, true, accurate and correct and, therefore, THE CONSULTANT shall have no liability for the accuracy and correctness of such information. THE CONSULTANT shall, however, call the City's attention to any errors or deficiencies noted in such information provided by others and assist the City to the extent practicable in the identification and resolution of same. f. The City shall be responsible for pass-through expenses including but not necessarily limited to relocation move costs, relocation replacement housing payments, personal property acquisition costs (mobile homes), subcontractor fees, subconsultant fees, possible shortfalls of maintenance expenses, park operating expenses that exceed revenues, title insurance, closing costs and other incidentals pertinent to each transaction. 5.0 LIAISON THE CONSULTANT shall be fully responsible for carrying out all functions assigned to it by this contract as contained in this Scope of ,Services. All activities and decisions of THE CONSULTANT relating to the project shall be subject to review and approval by the City's Project Manager. THE CONSULTANT shall provide coordination of all activities, correspondence reports and other -2- communications related to its responsibilities under this contract as needed for the City's Project Manager to carry out his/her responsibilities. 6.0 COOPERATION AND PERFORMANCE OF THE CONSULTANT During the life of this contract, the City's Project Manager may conduct reviews of the various phases of THE CONSULTANT'S operations. THE CONSULTANT shall cooperate with and assist the City's Project Manager or their designee in the conduct of the reviews. 7.0 WORK TO BE PERFORMED BY HDR 7.1 GENERAL All right of way activities must be performed in accordance with applicable Florida Statutes and the Florida Administrative Code (F.A.C.) Rules. THE CONSULTANT shall provide the following General Services: a. Establish and/or maintain an office on site for the duration of the contract in order to provide adequate coordination of work with the City, Park Residents and other interested parties. This contract shall provide compensation to THE CONSULTANT for costs associated with establishing and operating the office. THE CONSULTANT'S price proposal will provide for all costs associated with operating the on-site office. The direct expenses for the office shall be included as expenses. b. Any person employed by THE CONSULTANT for work on this project in any capacity shall be available to testify in any eminent domain proceeding when requested by the City. C. THE CONSULTANT shall develop an invoicing system such that all amounts billed to the City can be related to the activity involved. -3- d. THE CONSULTANT'S project manager shall arrange a kick-off meeting with the City and subconsultants. e. THE CONSULTANT'S project manager shall attend meetings, public hearings and consult with local officials as requested by the City. THE CONSULTANT will hold public meetings within the geographic limits of the project. The purpose of the meetings will be to encourage public familiarity with the project and to introduce staff personnel. f. A designated project manager shall be present for project decisions at least 5 days per week during some part of the business day. A qualified negotiation/relocation specialist shall be present during all business hours. Staffing must be appropriate for delivery of relocation assistance payments. g. THE CONSULTANT shall prepare a written response to the City's Project Manager for all audits and/or quality assurance reviews. h. THE CONSULTANT shall furnish the standard forms required to carry out the technical tasks pursuant to this contract. i. THE CONSULTANT shall establish a fonnal Public Awareness and Public Involvement Program to be conducted from the project office. This includes Community Gathering Meetings as deemed necessary and periodic newsletters. j. THE CONSULTANT shall develop and maintain a production reporting system tracking all critical events, both scheduled and actual, for each parcel on the project. k. THE CONSULTANT shall report on the complete status of production on the project on a bi-weekly basis. Relate current status to overall project schedule, noting exceptions and suggesting actions required to correct schedule exceptions. A bi-weekly production meeting will be held. -4- 1. THE CONSULTANT shall provide a sufficient number of qualified personnel as necessary to effectively carry out its responsibilities under this agreement. 7.2 ACQUISITION This scope assumes the City of Clearwater negotiates an equitable settlement. 7.3 RELOCATION Relocation assistance benefits to each displaced person shall be in accordance with the standards required in the Florida Administrative Code and the Uniform Relocation and Real Property Acquisition Policies Act of 1970, and any amendments thereto. Further, THE CONSULTANT shall provide the following Relocation Services: 1. Establish and maintain an accurate and complete working file for each displacee while transmitting all original documentation to City's Project Manager upon completion. 2. Research and prepare a Relocation Needs Assessment Survey, and submit to City's Project Manager. Said survey shall include as a minimum the following: •Relocation survey eAccurate relocation schedules •Results of field interviews with available occupants *Inventories of characteristics and needs of individuals and families to be displaced *Inventories of comparable decent, safe and sanitary replacement dwellings available for sale or rent 3. Present all relocation offers to owners and tenants. 4. Provide advisory assistance to all eligible parties. 5. Maintain up-to-date surveys of available replacement housing. b. Disclose availability of comparable housing. -5- 7. Calculate all appropriate relocation payments and costs. All computations which determine compensation for owners or displacee shall be prepared, reviewed, and approved by separate, qualified individuals. 8. Prepare claims packages and submit to City's Project Manager for approval. 9. Review any relocation appeals and prepare responses for Project Manager's review and approval. 10. Provide field surveillance and documentation of residential relocation when required. 11. Provide personnel to assist the City's Project Manager and the City's Attorney in obtaining all information pertinent to relocation appeals, including, but not limited to, providing testimony and accumulating information. 12. Deliver warrants to displacees. 13. Issue and deliver notices to vacate property. 14. Notify City's Project Manager of need for eviction notices. 15. Thoroughly document all contacts with relocatees and/or others involved in relocation. 16. Within 60 days after completion of final relocation activity for displacee, thoroughly review and transmit the working file to City's Project Manager for retirement approval/disapproval. Upon approval, THE CONSULTANT shall review the City's official file to ensure that all required originals are included therein. 17. Be available to testify at any relocation appeals hearing during the life of the contract. 18. Provide input on the determination of priority parcels based on relocation considerations. -6- 19. Provide management and control services including implementation . of detailed scheduling and cost control activities. 20. Prepare and process invoices for requesting warrants for payment of claims. 21. Identify, appraise and acquire non-moveable mobile homes. 22. Obtain and deliver to the City clear title to the mobile homes acquired. 7.4 PARK MANAGEMENT Recommend lease agreements, when appropriate, to the City's Project Manager and prepare necessary documents for execution. Collect rental payments, only in the form of check or money order, prepare and process required invoices for transmittal of rental payments in accordance with City policies and procedures and forward to the City Project Manager. Provide the City with a monthly accounting of all rents due, collected, and delinquent during the given month. Monitor delinquent payments, issue delinquency notices, and attempt to collect delinquent payments. Advise the City of cases where eviction proceedings are indicated, whether for delinquent rental payment or any other reason. Arrange transfers of utility services and billing to the City's name when necessary, prepare and process required invoices for payment of utilities in accordance with City policies and procedure. Advise all utility owners to disconnect services and remove equipment prior to demolition of improvements on each parcel. Receive, investigate and respond to complaints relative to parcels owned by the City. -7- Advise City's Project Manager of warranted repairs of maintenance services indicated by on-site conditions, and make arrangements to secure corrective services through a subcontractor. THE CONSULTANT will provide for the maintenance of all common areas, lawn services, pool services, and the monthly monitoring of the on-site potable water system. 7.5 PROPERTY MANAGEMENT The Consultant shall provide the following Property Management Services: a. General Responsibilities: THE CONSULTANT shall have the site cleared of any and all improvements within the time frame dictated by the City. Prepare a preliminary real property/personal property inventory with serial numbers for each parcel and update as appropriate. until all improvements are cleared from the project. Inspect, determine, and document the need for rodent control.. If rodent control is required, THE CONSULTANT shall arrange for extermination services. Review all available information and resolve discrepancies, if any, between parcel inventories, appraisal reports (whether approved or unapproved), relocation inventories, property owner's inventories, and tenant inventories. Prepare and process invoices for requesting warrants for property management services including but not limited to demolition, asbestos surveys and asbestos abatement in accordance with City policies and procedures. Prepare salvage value estimate for improvements that are acquired. Maintain an accurate and current working file for each parcel requiring property management services, and forward original documentation to the City Project Manager upon completion. -8- Assist in coordination with any organization, whether public or private, when requested to do so by the City for the purposes of identifying, investigation and/or remediating any environmentally unsafe condition on the parcel. Receive and respond to all inquiries for the sale of surplus mobile homes acquired during the life of the project. Be available to testify at any hearing relative to property management and/or environmental concerns during the life of the contract. b. Demolition: THE CONSULTANT will be responsible for preparation of all bid packages and documents. THE CONSULTANT will assume responsibility for advertisement and announcement of competitive bid openings, receipt of bids, contract award, and execution of contract. THE CONSULTANT will also assume responsibility to administer contracts in accordance with City policies and procedures. Develop a schedule to demolish all improvements. Provide adequate field supervision of demolition activities to ensure compliance with all City policies and procedures as well as terms of the demolition contract. Prepare demolition contracts between the City and the demolition contractor. c. Asbestos Consultant: THE CONSULTANT shall procure and manage the services of an asbestos consultant, licensed pursuant to Florida Statute 455.301 thru 455.309 to include but not be limited to those activities necessary to conduct asbestos demolition surveys, bulk samplings, analysis and survey reports, prepare asbestos abatement specifications, administer abatement contract, conduct abatement observation, and prepare final clearance activities. All services provided shall be in accordance with EPA guidelines, National Emissions Standards for Hazardous Air Pollutants (NESHAP) Occupational Safety and Health -9- Administration (OSHA) and all Federal and State and Local Regulations (See Attachment #1). THE CONSULTANT will be responsible for preparation of all bid packages and documents and will assume responsibility for advertisement and announcement of competitive bid openings, receipt of bids, contract award and execution of contract. THE CONSULTANT will assume responsibility to administer contracts in accordance with City policies and procedures. THE CONSULTANT shall provide adequate field supervision for all environmental activities to ensure compliance with all necessary policies and procedures. All contracts shall be made directly between the City and the abatement contractor. The abatement contractor shall be responsible for ensuring adherence to all applicable Federal, State and Local health and safety regulations as it pertains to their work, including but not limited to adherence with 29 CFR 1926.1101 - Asbestos. 7.6 RECORDS MAINTENANCE THE CONSULTANT shall provide the following Records Maintenance Services: Receive, appropriately process and handle Florida Statutes Chapter 119 request. Maintain all files and distribute all documents in accordance with the requirements of the City. Assist the City with the maintenance of the official records management files as necessary to assure the integrity of the files by delivering parcel documentation to the City's Project Manager as task is completed. Turn over all files to the City upon completion of the project. Provide accessibility to all files by the City's Project Manager. -10- 7.7 QUALITY ASSURANCE PROGRAM THE CONSULTANT shall provide the following Quality Assurance Services: 1. Quality Reviews - Quality Reviews shall be conducted to evaluate the adequacy of materials, documentation, processes, procedures, training, guidance, and staffing included in the execution of this contract. Quality Reviews shall be developed and performed to assure compliance with THE CONSULTANT'S QA policy. 2. Quality Assurance - Quality Assurance Reviews shall be conducted to assure compliance with THE CONSULTANT'S QA policy. 3. Quality Records - THE CONSULTANT shall maintain adequate records of the quality assurance actions performed by the consultant's team (including subcontractors and vendors) in providing services and products under this contract. All records shall indicate the nature and number of observations made, the number and type of deficiencies found, and the corrective actions taken. These records shall be available to the City upon request, during the contract term. All records shall be kept at the primary project field office. 8.0 SUBCONSULTANT SERVICES Upon written approval by the City Project Manager, THE CONSULTANT may subcontract for specialized professional services that may be necessary in order for the Consultant to carry out its requirements pursuant to this contract. The practice of hiring subcontractuaI specialists when they are essential to the performance of the assignment is permissible. Additionally, the hiring of the subcontractual specialist and the amount to be paid must be approved in writing prior to authorization of services. The Consultant will be responsible for the management, scheduling, and administration of all subconsultants, including invoice processing. The subconsultants must be qualified and have the required license to perform all work assigned to, them. -11- 9.0 COURIER SERVICE The Consultant shall provide a courier to deliver/pick up correspondence to the City as needed, 10,0 LICENSE REQUIREMENTS Florida Acquisition & Appraisal, Inc. shall be registered with the Florida Real Estate Commission. In addition, the minimum requirement for all other Consultant personnel or subconsultant personnel, performing real estate functions, shall be registered with the Florida Real Estate Commission as an active licensed salesperson. -12- EXHIBIT B INSURANCE REQUIREMENTS 1. Liability Insurance. The vendor shall furnish, pay for, and maintain during the life of the contract with the CITY the following liability coverages: a. Comprehensive General Liability insurance on an "occurrence" basis in an amount not less than 5500,000 combined single limit Bodily Injury Liability and Property Damage Liability. b. Business Automobile Liability insurance in the amount of at least $500,000, providing Bodily Injury Liability and Property Damage Liability. c. Worker's Compensation Insurance applicable to its employees, if any, for statutory coverage limits in compliance with Florida laws, including Employers' Liability which meets all state and federal laws. d. Professional Liability/Malpractice/Errors or Omissions insurance, as appropriate for the type of business engaged in by the Vendor, shall be purchased and maintained by the Vendor with minimum limits of $1,000,000 per occurrence. e. Products Liability Insurance, as appropriate for the type of product, if any, sold by Vendor in an amount of not less than $500,000. 2. Additional Insured. The CITY is to be specifically included as an additional insured on all liability coverage described above, except the insurance coverage identified in paragraphs 1(d) and I (e). 3. Notice of Cancellation or Restriction. All policies of insurance must be endorsed to provide the CITY with thirty (30) day's notice of cancellation or restriction. 4. Certificates of Insurance/Certified Copies of Policies. The vendor shall provide the C I v with a certificate or certificates of insurance showing the existence of the coverage required by this RFP. The vendor will maintain these coverages with a current certificate or certificates of insurance throughout the term of the contract with the CITY. When specifically requested by the CITY in writing, the vendor will provide the CITY with certified copies of all policies of insurance as required above. New certificates and new certified copies of policies, if certified copies of policies have been requested, shall be provided to the CITY whenever any policy is renewed, revised, or obtained from other insurers. I 5. The address where such certificates and certified polices shall be sent or delivered is as follows: City of Clearwater Attention: City Clerk P.O. Box 4748 Clearwater, FL 33758-4748 6. The VENDOR agrees to indemnify and hold harmless the CITY, its officers and employees, from liabilities, damages, losses and costs, including, but not limited to reasonable attorney's fees, to the extent caused by the negligence, recklessness, or intentional wrongful misconduct of the VENDOR and persons employed or utilized by the VENDOR in the performance of the contract. 7. The VENDOR shall, at its expense, secure and provide to the CITY, prior to beginning performance under this contract with the CITY, all insurance coverages as required in this contract with the CITY. 2 ?. ? ? MO Q -. ? r w g G w o w 0 ? 8 ?, 0 M1 w ? M1 w ` r N O > '? ? c „c„ Z o m -t O K K 'n oC o r Q1 s CA ri l r M c^i cl r, cj E 0 c C u 8 i 7 co $ r 0 g 10 ? g a a 8 000 o $ v cl 8 a 00 L a m 46 r4 w ?O 4oq w ?O w R `0 5 T o a x Q O 00 w Q O od w Q O co w Q 8 00 w Q O 06 w O S 06 w o S 00 W _ `yp? :? .1R a O pNN N N N a U ? ? gS $ s$ S?. 8 s$ $s ? - i V N O ol O ', h r M1 ? a •z x x S M 404 8 fn 8 f?'1 I's $ t?l S e'?; 8 f+l s M w E o ? 5 ea ? N o Yl C o. ? o •V N -1 Q ? x a a o ? s 4A w s vs w s 0% vs s a, v+ ? C7, W? s CS 40? $ 4A w x 6 y g fn r N x T ° y$? N y8? N VV8?? N yy$?? N 8 N_ V$V?? N 8. ppu a? x i7G w K V? v3 K w w Q O N h h M O 00 %n fV c .? O O w O O Vf O O V! O O f~H O O W% O O #A 8 O i U U ? ? O ? h M r` CJ ? N N CL I ? x O I fq ? Q p. u C z {[ I tz?.i C7 z z O ?/ Q C?7 Q ? f3. ? ? a w c z? G? 1 F rl f^ 8 0 0 O+ tV CJ N Q N V 0 o N . - a fn .{ V ??'+ y ..y N tl% N - - M N r! N wl wI w' w1 49 lu R ? 10 r m x N w o a a A U z ? H z 0 W N x o ? ;g o c c V O 'b a+ ro E IL MISCELLANEOUS & DIRECT OUT-OF-POCKET EXPENSES Page 3 of 10 FPN No.: N/A W.P.1. No.: N/A Prepared by: HDR Engineering, Inc. Date: 1l-Apr-01 Revised: Item Unit Rate Quantity Cost 11X17 Check Plots EA $0.25 0 $0.00 24 x 36 Vellum/Bond Plots EA $6.00 0 $0.00 3-Kin Binders (2") EA $8.36 0 $0.00 Film & Developing (24 Exposures) Roll $16.00 0 $0.00 GBC Binders (1") Box $12.75 0 $0.00 Laminated Covers/Backs for Design EA $0.70 0 $0.00 Screw Posts for Plans Submittals (2") Box $35.94 0 $0.00 Snead Pressboard Binders for Comp EA $2.98 0 $0.00 GBC Binders (1") for Des in Calcs Box $12.75 0 0.00 $ Electronic File Submittals on CD EA $50.00 0 _ $0.00 Overnight Shipping for Phase Submit Boxes $50.00 0 $0.00 Permit Fee Application General Permit ERP EA EA $350.00 $3,050.00 0 0 $0.00 $0.00 TOTAL OTHER COSTS C.QMPLrrEg,E_XPENSE$ CAD machine hours @ per hour = PC hours @ per hour = TOTAL HDR PC & CADD ALLOWANCE Office E quipment Unit Months Per Month Sub-Total Total 3 Laptops (2 yr lease) 24 $150.00 $3,600.00 $10,800.00 2 Printer (3 yr lease) 24 $60.00 $1,440.00 $2,880.00 2 Copy Machine (Xerox or; 24 $300.00 - $7,200.00 $14,400.00 2 Copy Machine Maintenan 24 $100.00 $2,400.00 $4,800.00 6 Phones $100.00 $600.00 2 Phone Installation & Hookup $300.00 $600.00 2 Fax $300.00 $600.00 6 Voice Lines 24 $100.00 $2,400.00 $14,400.00 2 DSUCable 24 $300.00 $7,200.00 $14,400.00 1 Digital Camera $500.00 $500.00 $63,980.00 Office Furniturg Unit 2 Furniture S Zhu unit 1 Project Office 2 Power Hookup 2 Power 2 Custotial 2 Mailbox Setup 2 Custodial 2 Security 1 Misc. Office Supplies Months Per Month Sub-Total Total 24 $350.00 $8,400.00 $16,800.00 Months Per Month Sub-Total Total 24 $1,500.00 $36,000.00 $36,000.00 $200.00 $400.00 24 $200.00 $4,800.00 $9,600.00 24 $100.00 $2,400.00 $4,800.00 $150.00 $300.00 24 $100.00 $2,400.00 $4,800.00 24 $40.00 $960.00 $1,920.00 24 $250.00 $6,000.00 $6,000.00 $63,820.00 $0.00 $0.00 $0.00 $63,980.00 $16,800.00 $63,820.00 TOTAL HDR LUMP SUM EXPENSES $159,292.05 Pee Estimate without litigation and Acquisition.xls PAGE 5 OF 10 City of Clearwater, Kapok 4tobil llomc Park HIGHWAY TASK LIST ,wrivin' : A. R/W AC QUISITI0ti1RE1.0CATION 1 - GENERAL SERVICES TASK BASIS OF ESTIMATE NO. OF UNITS HOURS/ UNIT TOTAL HOURS REMARKS 1. Public Awareness Plan EA 8 30 240 8 meetings @ 8 hours each. Preparation & attendance. 2. Establish Invoice System LS 1 24 24 3. Kick-off Mccting EA 1 24 24 3 staff @ 8 hours each. 4. Status Reporting MO 24 4 96 124 months @ 4 hours per report. 5. 6. 7. 8. 9. 10. it. 12. 13. 14. I5. SUBTOTAL 384 16. Quality Control 5% 1 19 19 17. 18. 19. 20. TOTAL 403 City of Clearwater. Kapok klobil home Park HIGHWAY TASK LIST ACTIVITY : A RAV ACQU;ISITIONIREI.OCATION 2. - ACQUISITION PAGE 6 OF 10 TASK BASIS OF ESTI11ATf NO. OF UNPTS HOURS/ UNIT TOTAL HOURS REMARKS 1. Negotiations DA 12 0 0 Assumes City negotiates settlement 2. Settlement & Closings Settlement 1 0 0 Assumes City negotiates settlement 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. SUBTOTAL 0 16. Quality Control 5% 1 0 0 17. 18. 19. 20. TOTAL 0 City of Clearwater. Kapok Mobil Nome Park 111GInVAY TASK LIST ACTIVITY : A. WW At7OU1S171ON/RELOCATION 3. - RELOCATIOti PAGE 7 OF 10 TASK BASIS OF ESTISIATE NO. OF t,;ns IIOUILS! UNIT TOTAL HOURS RENIARKS 1. Relocation Nceds Assessment Survey Lj NIT 205 6 1230 7 people for 20 days. 2. Relocation Calculations & Presentation of Offers UNIT 205 45 9225 Includes replacement housing surveys. 3. Advisory Assistance ED 105 8 840 4. Preparation & Mainminance of Protective Lease PARCEL. 60 8 480 Estimated 60 parcels C 8 hours each. 5. Appeal Review/Support PARCEL. 32 8 256 Assume 15% of parcels. 6. Claim Preparation/Request & Delivery of Warrants UNIT 75 12 900 Assume 75 units for replacement housing. 7. Vacate/Evicdoa Notices UNIT 10 16 160 Assume 10 evictions. 8. Move Cost Estimating UNIT 205 6.5 1333 9. 10. 11. 12. 13. 14. 15. . SUBTOTAL. 14424 16. Quality Control 7% 1 1010 1010 17. 18. 19. 20. TOTAL 15434 PAGE 8 OF 10 City of Clearwater, Kapok Mobil Nome Park IIIGIMAY 'CASK LIST ACTIVITY : A. RJW ACQUISITIQ N/REl.()C_ATION 4. - PROPERTY MANAGEMENT TASK BASIS OF FSTIb1ATF NO. OF UNITS . HOURS/ UNIT - TOTAL HOURS REMARKS 1. General Responsibilites LS 205 ? 20 4100 Park !Manager to assume some resposibility 2. Demolition LS 130 10 1300 Assume 63% of mobile homes are non-movable. 3. Acquisition of Non-Movable Mobile Homes UNIT 130 12 1560 Assume 63% of mobile homes are non-movable. 4. 5. 6. 7. 8. 9, 10. 11. 12. 13. 14. 15. SUBTOTAL 6960 16. Quality Control 5% 1 348 348 17. 18. 19. 20. TOTAL 7308 PAGE 9 OF 10 City of Clearwater, Kapok Mobil flomc Park HIGHWAY TASK LIST ACf75'ITY : A R!W ACQ111SITION/RELO(-ATIO` 5. - PARti MANAGEMENT TASK BASIS OF MTMATE NO. OF UN. ITS HOURS/ UNIT TOTAL HOURS REMARKS 1. On-Site Manager ED 380 t 5 1900 2. Accounting Manager ED 48 8 384 3. Lease Preparation & Execution UNIT 205 2 410 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. SUBTOTAL 2694 16. Quality Control 5% 1 135 135 17. 18. 19. 20. TOTAL 2829 PAGE 10 OF 10 City of Clearwater, Kapok Mobil Home Park IIIGHWAN' TASK LIST ACTIVITY : A. RAV ACOIJISITION/RELOCATION 6 - RECORDS MANAGEMENT TASK BASIS OF E-STISIATE tiO.OF L-1 11 ITS HOURS/ INIT TOTAL HOURS REMARKS I. File Maintainance & Distribution 1_S 205 9 1845 Assumes settlement and original files kept at HDR untile requested by City. 2. Compliance wide Florida Statutes Chapter 119 UNIT 205 1 205 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. SUBTOTAL, 2050 16. Quality Control 5% 1 103 103 17. 18. 19. 20. TOTAL 2113 APPOINTMENT WORKSHEET FOR COMMISSION MEETING November 15, 2001 Agenda ## 3 b BOARD: Environmental Advisory Board TERM: 4 years APPOINTED BY: City Commission RESIDENCY REQUIREMENT: City of Clearwater FINANCIAL DISCLOSURE: Not Required STAFF LIAISON: PWA/Environmental MEMBERS: 5 CHAIRPERSON: Sandra Jamieson MEETING DATES: 3rd Wed., 4 pm PLACE: Commission Chambers APPTS. NEEDED: 1 SPECIAL QUALIFICATIONS: None THE FOLLOWING ADVISORY BOARD MEMBER(S) HAVE TERMS WHICH EXPIRE AND NOW REQUIRE EITHER REAPPOINTMENT FOR A NEW TERM OR REPLACEMENT BY A NEW APPOINTEE. Date of Original Attendance Interest in Name Appointment Record reappointment 1. Vacant Seat person appointed will begin immediately with term to 10/31 /05 THE FOLLOWING NAMES ARE BEING SUBMITTED FOR CONSIDERATION TO FILL THE ABOVE VACANCIES: Name-Address Comments-Related Experience, Etc. 1. Richard Avichouser 1621 Gulf Blvd., 33767 2. Norma Carlough 1756 Ashton Abbey Rd., 33755 3. Clorinda (Cookie) Gilreath 1709 Sunset Dr., 33755 Zipcodes of current members: 1 at 33756 1 at 33759 1 at 33764 1 at 33765 1 vacant Realtor/Investor Retired Insurance Agent Past member Historic Preservation Board Sent By: ORTR CLRWTR ASSN OF REALTORS ; 727 533 8244; 45 Apr 01 9:15PM;Job 195;Page 4/5 3-28-01; 9: 37AM; C I TY CLERK DEPT , .r I G I 004 tvno rr I. CITY OF CLEARWATER - APPLICATION FOR ADVISORY BOARDS (must be Clearwater resident) Dame: 't C-L' a R.p Fe HQme Addrm: I J" :I- r; C2 L2 (- r- eL, C(-LAaVk Zir;a 337(o-2 Telephone: S'7 5-6 o N -? Office Address: /111% JA Telephone: _ Pr o q 1 S' r / How long a resident of Clearwater?_ v _ y ?S Oecupartton: Xe R t. -ra Q / .v v e js -rd Field of Edua n: Employer. s S L F Other Work Experience: Mo Y 2 S 'We-t t as T ? Au j y 3u i?QW G- If retked, f+t rmer occupation: Community ActivkJes: a vfo Ta '7"' L s o ro ..S A/144 h? ??..+?,??+ Over lmemsts: ®T ' ???? t ?! , ?? 45 Boat S&Mce (current and past): Board Preference: t~1 P/" AD LOU IT: -r- Additional Cvrmnents. Date; &/ - ! - cZ' See a ftched lit for boards that require Financial Dlsclmure at time of appointment. Please return this appliction & board questionnaire for each board listed to: City Cierk's Department, P. O. Box 4748, Clearwater, FL 337584748 or drop off cif City Hill; -2rtd Floor, 112 S. Osoeoia Avenue t (Wcc-?) q - r g -p I - v ?' C,C_ C??tit,'?,t- ?.?.ec? Apt? 13 L I'lLk-Ut CJ 1"'y i ' bent By: ORTR CLR;'YTR ASSN OF REALTORS ; 727 533 8244; 05 Apr 01 9:15PM;Job 195;Page 515 z-28-0i; 9: 37AMP-CITY CLERK DEPT. i rz r our. wveo ,r r- , BOARD QUESTIONNAIRE 1. What i4 your understanding of the board's duties and responsibilities? CCp3 k>cyv t e u?3 ?+ M 4-V Q&C Q MNIJMv 04:1 w N s ! u C ?T ?l 0 Ag' A-M jj t'4 T.1u N a /2 L ¢ ^e ?_y? 4 ..v_1O o rL N C ZJ 2. Have You aver observed a board meeting either in parson or on C-View, the City's TV station? V 3. What background and/or qualifications do you have that you feel would qualify you to sarva on =his kard? 'm MD w U- -P jq ) L :V-S 4. Why do you want Ko serve on this Board? - i?t ?,S,2g a- ± A•Z Lm 7 E r S e4lL ?i?3 LLB V IT ( C-- or=_ C-0 &a Z4 6 j5eLm,"C, O l g?, r VI Name; 1 C-? .1? !gv/C (board Name: AP R 3 2001 1 c,I, {i?, Mc:c?#1 b •, 7Y CITY OF CLEARWATER - APPLICATION FOR ADVISORY BOARDS ust be Clearwater resident) Name: Home Address: Office Address: ' yr : zip zip Telephone: Telephone: How long a resident) of Clearwater? .-?, C7 Occupation: e, A Employer:-- Field of Education: If retired, former occupation: Community Activities: Other Work Experience: T- 10, 16, SO/ 77 < Lit.; C c;? - ?r? C?i F'? !1 ??- Other Interests: k3, -&-L-!, Board Service (current and past): c_) Board Preference: L 6:12 L I B Additional Comments: Signed: Date: / , i L C} } See attached list for boards that require Financial Disclosure at time of appointment. Please return this application & board questionnaire for each board listed to: City Clerk's Department, P. 0. Box 4748, Clearwater, FL 33758-4748 or drop off at City Hall, 2nd Floor, 112 S. Osceola Avenue E= D Ek#"-J% EN 8/13/01 - verified continued interest in EAB & LIB 0 ,qjy Cl.VR DEPIkRT tflEW BOARD QUESTIONNAIRE 1. What-,is your understanding of the board's duties and responsibilities? ?Jl ? i,?? ?-' ?....1 ?% -???t?? Ali r u. ?' ..,. ,,.? t I .?(• t ? i) .`?..? ?f v 2. Have you ever observed a board meeting either in person or on C-View, the City's TV station? 3. What background and/or qualifications do you have that you feel would qualify 11 A .A R E C r E`7 1 Narne Board Name: (,` ?;'_clw?l 'l?,' CITY CLERK DEPARTMENT 4. Why do you want to serve on this Board? CITY OF CLEARWATER - APPLICATION FOR ADVISORY BOARDS (must be Clearwater resident) 'i Name: 1 Home Address: Office Address: r r.r_i tZ: r, zip '7 SrS zip Telephone: ?7 / 6).` Telephone: How long a resident of Clearwater?_ Occupation:) ??? 111 Field of Education: If retired, former occupation: Employer:. Other Work Experience: c, --e 0- J 14 Community Activities: AL-7,Gi, (10Cu Lr ., v u 1_ ?? Additional Comments: Signed: Date: `1 See attached list for boards that require Financial Disclosure at time of appointment. Please return this application & board questionnaire for each board listed to: City Clerk's Department, P. O. Box 4748, Clearwater, FL 33758-4748 or drop off at City Hall, 2nd Floor, 112 S. Osceola Avenue ' la io z? p C tJ -'t C- T l !APR r 0 .... ?f .?t.'1. ?. ? l..L,..?^F ?C' vl.? ? v???.kC?• l?{1?1.f:.1?-?-.. l..i?.. ?r? -/Y-,;' 02- r-14 kin 12 {-) - Board Service (current and past): Board Preference: BOARD QUESTIONNAIRE 1. What is your understanding of the board's duties and responsibilities? I V,i? LAJI? r -- r '44 i L1Y'? 1?_ 2. Have you ever observed a board meeting either in person or on C-View, the City's TV station? 11, 3. What background and/or qualifications do you have that you feel would qualify you to serve on this Board? yY ?t?l,l.u ?t"°. t-,? (?L?QI. v`C.? fit: ? ?.i? ?? .? 7 ? 7-11•Lr?-4? ?L?'vc.,? _ -t?.. -- CL?? _ et. w (. - r nn :Lc? l C-11 r k ?-?'•-?.h-?,- i -tA l 4. Why do you want to serve on this Board? 1% L--f' ,?L.t: _.-C.- G?...i ? C %:.? Li ..t•..._ s,?t..c.? l_t.?-•? .?..a.? .,, ?``?:?? _ c ?? ?l "..?,. ?-"f ?l.l[, r.f Name: C&I-c-LL-9-k- dl?L-`L el Board Name: 0 L?, 2- APPOINTMENT WORKSHEET FOR COMMISSION MEETING November 15, 2001 BOARD: Parks and Recreation Board TERM: 4 years APPOINTED BY: City Commission RESIDENCY REQUIREMENT: City of Clearwater FINANCIAL DISCLOSURE: Not Required SPECIAL QUALIFICATIONS: None ITEM#? MEMBERS: 7 CHAIRPERSON: Stephen Swanberg MEETING DATES: 4th Mon., 6:30 pm PLACE: MSB Meeting Rm. 130 APPTS. NEEDED: 1 THE FOLLOWING ADVISORY BOARD MEMBER(S) HAVE TERMS WHICH EXPIRE AND NOW REQUIRE EITHER REAPPOINTMENT FOR A NEW TERM OR REPLACEMENT BY A NEW APPOINTEE. Date of Original Attendance Interest in Name Appointment Record reappointment 1. Vacant Seat - person appointed will begin immediately and term will expire 10/31/05 THE FOLLOWING NAMES ARE BEING SUBMITTED FOR CONSIDERATION TO FILL THE ABOVE VACANCIES: Name-Address 1. James D. Appelt 1660 Farrier Trail, 33765 2. Deloris Bell 1356 Terrace Road, 33755 3. Jim Ficken 1608 N. Osceola Ave., 33755 4. William Kirbas 34 Bohenia Cir., N., 33767 Zipcodes of current members on board: 1 at 33755 2 at 33756 1 at 33764 1 at 33765 1 at 33767 1 vacant Comments-Related Experience, Etc. Financial Background - CPA Retired Family Education Specialist & Teacher Real Estate Investor past member of this board Retired Financial Advisor CITY OF CLEARWATER - APPLICATION FOR ADVISORY BOARDS r# )01 ? (must be Clearwater resident) Cff, Name: -.1 A.M F- L:-)- Home Address: Office Address: r /? n L- 1 1 1 /0- , --?-{' Zip 3 3 7&-S- -- -? z?'z-- ??-- Zia ?- Telephone: ? 2-"?-- 7'1 Telephone: 7 2- 7 U'q - et 7 D, 7 How long a resident of Clearwater? _U Occupation: G/ .`? Employer: _./?i'C/?i L- Other Work Experience: - --- A / C?e V, -5,tf If retired, former occupation: Community Activities: Other Interests: Board Service (current and past): Additional Comments: Board Preference: Signed: z° Date: -?' 'V/ 11?- /4? See attached list for boards that require Financial Disclosure at time of appointment. Please return this application & board questionnaire for each board listed to: City Clerk's Department, P. O. Box 4748, Clearwater, FL 33758-4748 or drop off at City Hall, 2nd Floor, 112 S. Osceola Avenue Field of Education: BOARD QUESTIONNAIRE 1. What is your understanding of the board's duties and responsibilities? 57 2. Have you ever observed a board meeting either in person or on C-View, the City's TV station? 3. What background and/or qualifications do you have that you feel would qualify you to serve on this Board? .r-- ,?,?,?-?• ??'_ `tom- .????' ,.G??I?G?° 7'` ? rz? c'?-S_S 4. Why do you want to serve on this Board? r lop 7-71 30 K- / ????iv -? Board Name: D CITY OF CLEARWATER - APPLICATION FOR ADVISORY BOARDS (must be Clearwater resident) Name: Home Address: Telephone: Office Address: Telephone: Employer. Field of Education: If retired, former occupation: Community Activities: d r, Other Interests: Board Service (current and past): Preference: 4c t D Additional Comments:' Signed Date: V (? 31,a, 6Y See attached list for boards that require Financial Disclosure at time of appointment. Please return this application & board questionnaire for each board listed to: City Clerk's Department, P. O. Box 4748, Clearwater, FL 33758-4748 or drop off at City Hall, 2nd Floor, 112 S. Osceola Avenue r (p g D MAR 31 1998 f? Other Work Experience: How long a resident of Clearwater? d Occupation: ? t/7-1 reJ BOARD QUESTIONNAIRE w 3. What background and/or qualifications do you have that you feel would qualify you to serve on this Board? . f/ // • 4. Why do you want to serve on this Board? Name. Board Name: . ED MAR 31 1998 1. Whet is your understanding of the board's duties and responsibilities? 2. Have you ever observed a board meeting either in person or on C-View, the CITY OF CLEARWATER Application for Advisory Boards .T 77 TIP (must be Clearwater resident) 03 19,98 D Name '?.? t Yv? F-C G k-.,e vi Home Address: Office Address: 16 0A Ak Osceolc% Aiz. C Ieg r-xyq, jr: ZIP: 337.5 ZIP: Telephone 4-6 Telephone How Long a resident of the City of Clearwater? GA'Cs' Occupation reQ ( e,5+44*- i inves" or Employer !?;e 1;4 Field of Education: - 1,6, M 1 C i CohiH,ercia In c, jourhtUsM If retired, former occupation Other Work Experience: e 1 4. Community Activities: L 6-ft , d'i r Q;,. M Other Interests: _c 7n. J e j Board Service (current and past) 14 Board Preference: S OZ e- c re& -6' N • I % Additional Comments: 4kSL bl?"rld is L'-? !"D C?e?rs? a Signed: - - Date: l 3 067 S Please see attached list for Boards that require Financial Disclosure at the time of appointment. PLEASE RETURN THIS FORM TO: City Clerk's Department P.O. Box 4748 Clearwater FL 34618 ' Jo CITY OF CLEARWATER - APPLICATION' FOR ADVISORY BOARDS (must be Clearwater resident) Name: WTT.T.TAM P- KIRBAS Home Address: 34 Bohenia Circle North Clearwater, Florida- Zip 33767 Telephone: 446-4870 How long a resident of Clearwater? 18 Occupation. Financial Advisor Field of Education: Associate degree, engineering B.S. degree, physics & mathematics M.B.A. degree, finance & marketing If retired, former occupation: n!a Office Address: Telephone: 4A -61`$ 3 100 Employer: Amer ' an Express fveA rR A Other Work Experience: Magnetics engineer General Manacrer Business owner Community Activities: Director, Jolley Trolley, nirp-ctnr& VP ('1 Pa rwatPr Beach Association Other Interests: Woodworking and mechanics Board Service (current and past): Parks & Recreation Board Preference: Community Development Board Parks & Recreation Board Additional Comments: Signed: J Date: April 13, 1999 _ See attached list for boards that require Financial Disclosure at time of appointment. Please return this application & board questionnaire for each board listed to: City Clerk's Department, P. O. Box 4748, Clearwater, FL 33758-4748 or drop off at City Hall, 2nd Floor, 112 S. Osceola Avenue 1/ci/o kxe r ks+j- APR I U- 1999 BOARD QUESTIONNAIRE 1. What is your understanding of the board's duties and responsibilities? The hoard assists t'ee Parks & Rec. staff in evaluating current facilities and activities and recommending, improvements and capital expansion for parks and recreation facilities to the city Commission. 2. Have you ever observed a board meeting either in person or on C-View, the City's TV station? A number of times including a four year term as a member of the Par'=s and Recreation Advisory Board. 3. What background and/or qualifications do you have that you feel would qualify you to serve on this Board? My prior experience on this board provides me wit`-i a thorough appreciation of the 'coard's purpose and responsibility. I have a '{een interest in athletics and recreation by way of my participation.. I have a sound background in finance that could help in prior- itizing, evaluator' projects. 4. Why do you want to serve on this Board? I'd li'•a to continue corking toward the objectives set duri.na my ?previous term in making the parks and Recreation Departm-ant the finest in the State of Florida anc. its facilities and programs sacond to none that we would be proud of-. Name: William P. Kiroas Board Name: Par-,s ano Pe"creat ion BOARD QUESTIONNAIRE 1. What is your understanding of the board's duties and responsibilities? The board is a comprehensive administrative board that has assumed reponsibilty of prior multiple board activities involving zoning and land use, development code adjust- ments, design review and planning. It is this board's obligation to conduct public hearings relating to petitions brought before the board by residents and interested parties. 2. Have you ever observed a board meeting either in person or on C-View, the City's TV station? Many times as well as serving on the Parks and Recreation Advisory Board for four years. 3. What background and/or qualifications do you have that you feel would qualify you to serve on this Board? I have the academic. background and work experience to qualify me in rendering fair and sound judgment regarding matters of development brought before the board. I have engi.neerinlc, and financial training that would assist me in comorehendina and evaluating matters under discussion. 4. Why do you want to serve on this Board? I have been a resident of Clearwater for over 18 years. I've addressed the city commission and various boards relating to codes, planning and zoning. I'm more than _ familiar with the affairs of the City, past and present. I'm interested. in enhancing tha quality of life.for our residents and I would offer my advice -to achieve it. Name: William P. Ki r-bas _ Board Name: Com . ?t -,99G! .ti - -K i1EP T