02/21/2002
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Agenda: 02-21-02
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ACTION AGENDA - CLEARWATER CITY COMMISSION MEETING
Thursday, February 21, 2002 - 6:00 P.M. - Commission Chambers
Item #1 - Invocation - Reverend Rusty Belcher, First United Methodist Church.
Item #2 - Pledge of Allegiance - Mayor.
Item #3 - Introductions and Awards - Given.
a) Service Award - 1
b) Proclamation: Library Appreciation Month - February 2002
Item #4 - Presentations - Given.
a) Clearwater Community Sailing Center Sailability 501 (c)3 Program presented plaque for "Outstanding
New Program" of year award by Community Sailing Counsel of U.S. Sailing.
b) Dan & Nadine Carlisle presented $10,000 mock check donation to Community Sailing Center for
Clearwater Community Sailing Association.
c) Florida Huddle Update presented by Mike Meidel
d) Coalition of Clearwater Homeowners Association award presented to Assistant Engineering Director
Tom Miller.
Item #5 - Approval of Minutes - 2/7/02 regular meeting - Approved as submitted.
Item #6 - Citizens to be heard re items not on the Agenda - None.
PUBLIC HEARINGS
ITEM #7 - Public Hearing & First Reading Ord #6936-02 - vacate the 15 foot sanitary sewer easement
lying over the 15 foot vacated alley which lies within Block 3, "Plot of the Wallace Addition to
Clearwater", as recorded in Plat Book 3, Page 6 of Official Records of Hillsborough County, Florida of
which Pinellas County was formerly a part (AKA 601-639 South Fort Harrison Avenue) (V2002-01
White/Publix). PW
ACTION: Approved. Ordinance passed 1st reading.
ITEM #8 - Public Hearing & First Reading Ord #6928-02 approve text amendments to the Community
Development Code. PLO
ACTION: Continued to 4/18/02.
ITEM #9 - Public Hearing & First Reading Ord # 6924-02 - land Use Plan Amendment for property at
19034 US 19 North from Commercial General to Residential Medium (Lot 1, Bradford Court Subdivision
in Section 19-295-1 6E) (Bradford Scott Corporation) LUP 01-09-08 PLO
AND
ITEM #10 - Public Hearing & First Reading Ord # 6925-02 - Rezoning for property at 19034 US 19
North from Commercial General to Residential Medium (Lot 1 , Bradford Court Subdivision in Section 19-.
29S-16E) (Bradford Scott Corporation) LUZ 01-09-08 PLD
ACTION: Approved. Ordinances passed 1st reading.
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Action Agenda
1
02/21/02
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CITY MANAGER REPORTS
CONSENT AGENDA (Items # 11- 24) - Approved as submitted.
ITEM #11 - Approval of Purchases per Purchasing Memorandum:
a) Purchase to replace two and one addition - three(3) Chevrolet Silverado 3500 cab and chassis from
Maroone Chevrolet for $68,698.
b) Purchase to replace two (2) Chevrolet Silverado 3500 HD cab and chassis with utility body from
Maroone Chevrolet for $58,177.)
c) Purchase equipment corrosion control (prep and paint), Gemini, Inc. for $98,000.
d) Purchase contract -April 1, 2002 through March 31, 2003 for gas material - steel pipe and fittings
from M.T. Deason Co., Inc. for $68,000.
e) Purchase to replace two (2) - 2002 John Deere tractors from John Deere Company for $61,357.50.
ITEM #12 - Adopt City Commission Policy Statement to establish criteria for Waiver/Reduction of Lot
Clearing and Nuisance Abatement/Demolition Liens.
ITEM #13 - Award a contract to Gemini Inc. of Tarpon Springs, Florida for $24,000 to paint the Parks
Beautification Complex (507 Vine Avenue)
ITEM #14 - Approve a fifteen-vear lease and a subsequent renewable lease extension for up to 30 years
between Pinellas Community Center, Inc. AKA the Long Center and the City to lease City land for the
operation of a facility for public recreation currently known as The Long Center, including an annual lease
payment by the City.
ITEM #15 - Ratify and confirm the additional transfer of $43,807.50 to the State of Florida Department
of Transportation (FOOT) for the relocation of existing potable water and sanitary sewer facilities
imp~cted by FOOT's SR 595 (Alt. US 19/Fort Harrison Ave.) Roadway Improvement Project.
ITEM #16 - Approve Supplemental Work Order #1 in the amount of $18,000 to Tampa Bay Engineering,
Inc., for additional utility relocation design services being performed in conjunction with the Florida
Department of Transportation's (FOOT) S.R. 55/US 19 (CSX RR to south of Enterprise Rd.) Roadway
Improvement Project.
ITEM #17 - Award a contract to OMS Environmental, Inc., in the amount of $135,000 for smoke testing
of sanitary sewer lines at various locations throughout the City of Clearwater, in accordance with Sec.
2.564(1 Hd), Code of Ordinances, City of Port Orange, Florida contract.
ITEM #1 8 - A ward a contract for legal advice concerning the FDEP consent agreements with Akerman,
Senterfitt & Eidson, P.A. not to exceed the amount of $10,000.
ITEM #19 - Approve amendment of the Capital Improvement Program (CIP) to restructure current
stormwater utility funding by reducing project budgets by $306,300.92 of stormwater revenue and
$6,628,284.45 of FY 99 revenue bond proceeds for a total decrease of $6,934,585.37 and increasing
project budgets by $18,135,387.00 of FY 02 revenue bond proceeds, $3,100,000 of grant revenue
from the Southwest Florida Water Management District (SWFWMD), $1,500,000 of grant revenue from
a Florida Department of Environment Protection (FOEP) water resource grant and $277,000 of lease
purchase revenue for a total increase of $23,012,387 resulting in a net budget increase of
$16,077,801.63.
Action Agenda
2
02/21/02
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ITEM #20 - Approve amendment to the FY 2002 Stormwater Utility Fund annual operating budget
increasing stormwater fee revenue by $1,366,110; adding two FTE positions (Research Environmentalist
and Senior Accountant) at an increase of $59,100 including benefits; upgrading an Environmental
Technician position to a Research Environmentalist at an increase of $1,650 including benefits;
upgrading four Public Service Technician II positions to Public Service Technician III positions at a total
increase of $5,400 including benefits; increasing debt service by $53,000 for the lease purchase of a
Grade-All excavator, well points and headers, and laptop computers for field operations; increasing
internal service charges by $28,000 for maintenance of and support for the excavator and computers;
increasing other equipment service by $3,000 for maintenance of the well points and headers; increasing
principal transfers to debt service funds by $329,000 and interest transfers to debt service funds by
$634,000 to provide funding for debt service on the 2002 revenue bonds when issued for a total
operating budget expenditure increase of $1,113, 150 and a total net budget revenue increase of
$252,960.
ITEM #21 - Special Warranty Deed - Greenwood Apartments
ITEM #22 - Sidewalk Easement - Kurdi Inc.
ITEM #23 - Appoint Commissioner Jonson to represent the Commission as the Canvassin~ Board for the
March 12, 2002 General Election.
ITEM #24 - Authorize the City Attorney to hire Thompson, Sizemore, and Gonzales to represent the City
and James Wood and to obtain additional outside counsel to represent Donald Brown in the matter of
Katherine Palisano v. City of Clearwater, et ale in the total estimated amount of $60,000.
OTHER ITEMS ON CITY MANAGER REPORT
ITEM #25 - Other Pendin~ Matters - None.
CITY ATTORNEY REPORTS
Resolutions
ITEM #26 - Res #02-14 Assessin~ a lien against 1130 Engman Street in the amount of $4,771.24 for
demolition costs without consent of owner.
ACTION: Resolution adopted.
ITEM #27 - Other City Attorney Items
a) Establish compensation of Assistant City Attorney lis in SAMP 6 band and Assistant City Attorney Is
in the SAMP 5 band. Authorize a one-time special equity increase in the salaries of Paul Richard Hull and
Leslie Dougall-Sides, Assistant City Attorney lis at an estimated amount of $12,993.
ACTION: Approved.
b) Schedule Attorney-Client Session - Granite State Outdoor Advertising V. City
ACTION: Scheduled for 3nl02 at 4:45 p.m.
ITEM #28 - City Manager Verbal Reports - None.
Action Agenda
3
02/21/02
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ITEM #29 - Commission Discussion Items
a) Amendment to the Interlocal Agreement Creating a Tampa Bay Regional Planning Council
ACTION: Consensus to approve.
b) Reschedule August 15, 2002 Clearwater City Commission Meeting due to conflict with Florida League
of Cities.
ACTION: Scheduled August 2002 meetings for 8/8 & 8/22 and Work Sessions for 8/5 & 8/19.
ITEM #30 - Commission Action
Gray stated she had attended the 7th anniversary of the Downtown Farmers Market, which is open
on Wednesdays and Saturdays 8 a.m. to 1 p.m. She encouraged everyone to go.
Jonson requested Commission comment on the County's proposed billboard settlement.
Jonson invited residents to attend the public TBRPC visioning meeting at the Largo Cultural Center on
3/21/02 from 2:00 to 6:00 p.m.
Jonson thanked the City's Police and County's Sheriff's departments for working together well and
apprehending bank robbers.
Jonson encouraged citizens to acquaint themselves with Commission candidates and the new voting
machines and to vote on 3/12/02.
Hamilton congratulated the Clearwater High School Junior Varsity Basketball Team for their
undefeated season.
Gray wished a Happy eighth Birthday to Bren and a Happy thirteenth Birthday to Kayleigh.
Aungst said he had telephoned the St. Petersburg Times, requesting the newspaper not print a
personal opinion letter he had written them and inadvertently signed as Mayor.
Aungst reported he had attended the Police Athletic League's annual award breakfast in St.
Petersburg on 2/14/02.
Aungst stated today he had attended the Clearwater Lawn Bowls Club annual tournament and charity
kick-off, which this year benefited the ReS Food Pantry.
Aungst said today he had toured the Clearwater Free Clinic, which has an increased patient load.
The program is a model, studied by other clinics.
Aungst will judge a Safety Slogan contest at the Police Department tomorrow.
Aungst reported the annual Friends of the Library luncheon will be at the Harborview Center
tomorrow.
Aungst said the Regional Chamber of Commerce is hosting the Philadelphia Phillies & "Phanfest" at
Jack Russell Stadium tomorrow night.
Aungst reported the Clearwater American and Clearwater National Little League kickoff is at Sid
Lickton Field on 2/23/02.
Aungst said the Clearwater For Youth banquet is scheduled for Saturday night at the Sheraton Sand
Key.
Aungst stated the next Work Session is scheduled for 3/4/02 at 9:00 a.m.
ITEM #31 - Adjournment: 7:33 p.m.
Action Agenda
4
02/21/02
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note: 02/19/02 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.
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AGENDA - CLEARWATER CITY COMMISSION MEETING
Thursday, February 21, 2002 - 6:00 P.M. - Commission Chambers
Welcome. We are glad to have you join us. If you wish to speak please wait to be recognized,
then state your name and address. Persons speaking before the City Commission shall be limited
to 3 minutes unless otherwise noted under Public Hearings. For other than Citizens to be heard re
items not on the Agenda, a spokesperson for a group may speak for three (3) minutes plus an
additional minute for each person in the audience that waves their right to speak, up to a
maximum of ten (10) minutes. Prior to the item being presented, please obtain the needed form to
designate a spokesperson from the City Clerk (right hand side of dais). Up to thirty minutes of
public comment will be allowed for an agenda item. No person shall speak more than once on the
same subject unless granted permission by the City Commission. The City of Clearwater strongly
supports and fully complies with the Americans with Disabilities Act (ADA). Please advise us at
least 48 hours prior to the meeting if you require special accommodations at 727-562-4090.
Assisted Listening Devices are available. Kindly refrain from using beepers, cellular telephones and
other distracting devices during the meeting.
1 . Invocation
2. Pledge of Allegiance
3. Introduction and Awards
A. Service Award
B. Proclamation
4. Presentations
A. Clearwater Community Sailing Center Sailability 501 (c) 3 Program was awarded
1I0utstanding New Program" for the year by the Community Sailing Counsel of US Sailing.
B. Dan & Nadine Carlisle will present a $10,000 mock check for the Clearwater Community
Sailing Association.
C. Florida Huddle Update - Mike Meidel
D. Award from Coalition of Clearwater Homeowners Association
5. Approval of Minutes - Regular Meeting 02/07/02
6. Citizens to be heard re items not on the Agenda
PUBLIC HEARINGS
Not Before 6:00 P.M.
Administrative public hearings:
- Presentation of issues by City staff.
Statement of case by applicant or representative (5 minutes).
Commission questions.
Comments in support and in opposition (3 minutes per speaker or 10 minutes maximum as
spokesperson for others that have waived their time).
Commission questions.
Final rebuttal by applicant or representative (5 minutes).
Commission motion to determine disposition.
02-21-02 Commission Agenda.doc
1
Revision 1: 2/20/02
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7. Public Hearing & First Reading Ord #6936-02 - vacate the 15 foot sanitary sewer easement lying
over the 15 foot vacated alley which lies within Block 3, "Plot of the Wallace Addition to
Clearwaterll, as recorded in Plat Book 3, Page 6 of Official Records of Hillsborough County,
Florida of which Pinellas County was formerly a part (AKA 601-639 South Fort Harrison
Avenue) (V2002-01 White/Publix). PW
8. Public Hearing & First Reading Ord #6928-02 approve text amendments to the Community
Development Code. PLD
Quasi-judicial public hearings:
All individuals speaking on these items will be sworn-in.
- Staff states and summarizes reasons for recommendation (2 minutes).
Applicant presents case, including its testimony and exhibits. Witness may be cross-examined
(15 minutes).
Staff presents further evidence. May be cross-examined (10 minutes).
Public comment (3 minutes per speaker or 10 minutes maximum as spokesperson for others that
have waived their time).
City Commission discussion, and may question any witness.
Applicant may call witnesses in rebuttal (5 minutes).
Conclusion by applicant (3 minutes).
Decision.
9. Public Hearing & First Reading Ord # 6924-02 - Land Use Plan Amendment for property at
19034 US 19 North from Commercial General to Residential Medium (Lot 1, Bradford Court
Subdivision in Section 19-29S-16E) (Bradford Scott Corporation) LUP 01-09-08 PLD
10. Public Hearing & First Reading Ord # 6925-02 - Rezoning for property at 19034 US 19 North
from Commercial General to Residential Medium (Lot 1, Bradford Court Subdivision in Section
19-29S-16E) (Bradford Scott Corporation) LUZ 01-09-08 PLD
CITY MANAGER REPORTS
CONSENT AGENDA (Items # 11-24)
The following items require no formal public hearing and are subject to being approved in a single
motion. However, any City Commissioner or the City Manager may remove an item from the
Consent Agenda to allow discussion and voting on the item individually.
11. Approval of Purchases per Purchasing Memorandum:
A. Purchase to replace two and one addition three(3) Chevrolet Silverado 3500 cab and
chassis from Maroone Chevrolet for $68,698.00.
B. Purchase to replace two (2) Chevrolet Silverado 3500 HD cab and chassis with utility body
from Maroone Chevrolet for 58,177.00.)
C. Purchase equipment corrosion control (prep and paint), Gemini, Inc. for 98,000.00.
D. Purchase contract -April 1, 2002 thru March 31,2003 for gas material- steel pipe and
fittings from M.T. Deason Co., Inc. for $68,000.00.
E. Purchase to replace two (2) - 2002 John Deere tractors from John Deere Company for
$61,357.50.
02-21-02 Commission Agenda.doc
2
Revision 1: 2/20/02
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12. Adopt City Commission Policy Statement to establish criteria for Waiver/Reduction of Lot
Clearing and Nuisance Abatement/Demolition Liens.
13. Award a contract to Gemini Inc. of Tarpon Springs, Florida for $24,000 to paint the Parks
Beautification Complex.(507 Vine Avenue)
14. Approve a fifteen year lease and a subsequent renewable lease extension for up to 30 years
between Pinellas Community Center, Inc. AKA the Long Center and the City to lease City land
for the operation of a facility for public recreation currently known as The Long Center, including
an annual lease payment by the City.
15. Ratify and confirm the additional transfer of $43,807.50 to the State of Florida Department of
Transportation (FOOT) for the relocation of existing potable water and sanitary sewer facilities
impacted by the FOOTs S.R. 595 (All. US 19/Fort Harrison Ave.) Roadway Improvement
Project.
16. Approve Supplemental Work Order #1 in the amount of $18,000 to Tampa Bay Engineering,
Inc., for additional utility relocation design services being performed in conjunction with the
Florida Department of Transportation's (FOOT) S.R. 55/US 19 (CSX RR to south of Enterprise
Rd.) Roadway Improvement Project.
17. Award a contract to OMS Environmental, Inc., in the amount of $135,000 for smoke testing of
sanitary sewer lines at various locations throughout the City of Clearwater, in accordance with
Sec. 2.564(1 )(d), Code of Ordinances, City of Port Orange, Florida contract.
18. Award a contract for legal advice concerning the FDEP consent agreements with Akerman,
Senterfitt & Eidson, P.A. not to exceed the amount of $10,000.
19. Approve amendment of the Capital Improvement Program (CIP) to restructure current
stormwater utility funding by reducing project budgets by $306,300.92 of stormwater revenue and
$6,628,284.45 of FY 99 revenue bond proceeds for a total decrease of $6,934,585.37 and
increasing project budgets by $18,135,387.00 of FY 02 revenue bond proceeds, $3,100,000.00
of grant revenue from the Southwest Florida Water Management District (SWFWMD),
$1,500,000.00 of grant revenue from a Florida Department of Environment Protection (FDEP)
water resource grant and $277,000.00 of lease purchase revenue for a total increase of
$23,012,387.00 resulting in a net budget increase of $16,077,801.63.
20. Approve amendment to the FY 02 Stormwater Utility Fund annual operating budget
increasing stormwater fee revenue by $1 ,366,110; adding two FTE positions (Research
Environmentalist and Senior Accountant) at an increase of $59,100 including benefits; upgrading
an Environmental Technician position to a Research Environmentalist at an increase of $1,650
including benefits; upgrading four Public Service Technician II positions to Public Service
Technician III positions at a total increase of $5,400 including benefits; increasing debt service by
$53,000 for the lease purchase of a Grade-All excavator, well points and headers, and laptop
computers for field operations; increasing internal service charges by $28,000 for maintenance of
and support for the excavator and computers; increasing other equipment service by $3,000 for
maintenance of the well points and headers; increasing principal transfers to debt service funds
by $329,000 and interest transfers to debt service funds by $634,000 to provide funding for debt
service on the 2002 revenue bonds when issued for a total operating budget expenditure
increase of $1,113,.150 and a total net budget revenue increase of $252,960.
21. Special Warranty Deed - Greenwood Apartments
22. Sidewalk Easement - Kurdi Inc.
23. Appoint Commissioner Jonson to represent the Commission as the Canvassing Board for the
March 12, 2002 General Election.
02-21-02 Commission Agenda.doc
3
Revision 1: 2/20102
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24. Authorize the City Attorney to hire Thompson, Sizemore, and Gonzales to represent the City and
James Wood and to obtain additional outside counsel to represent Donald Brown in the matter
of Katherine Palisano v. City of Clearwater, et al. in the total estimated amount of $60,000.
OTHER ITEMS ON CITY MANAGER REPORT
25. Other Pending Matters
CITY ATTORNEY REPORTS
Resolutions
26. Res #02-14 Assessing a lien against 1130 Engman Street in the amount of $4,771.24 for
demolition costs without consent of owner.
27 Other City Attorney Items
A. Establish compensation of Assistant City Attorney II's in SAMP 6 band and Assistant City
Attorney I's in the SAMP 5 band. Authorize a one-time special equity increase in the salaries
of Paul Richard Hull and Leslie Dougall-Sides, Assistant City Attorney II's at an estimated
amount of $12,993.
B. Schedule Attorney-Client Session - Granite State Outdoor Advertising v. City
28. City Manager Verbal Reports
29. Commission Discussion Items
A. Amendment to the Interlocal Agreement Creating a Tampa Bay Regional Planning Council -
Jonson .
B. Reschedule August 15, 2002 Clearwater City Commission Meeting due to conflict with
Florida League of Cities.
30. Other Commission Action
31. Adjournment
02-21-02 Commission Agenda.doc
4
Revision 1: 2/20/02
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CITY OF CLEARWATER
Interdepartmental Correspondence
TO: Mayor and Commissioners (i~
FROM: Cynthia E. Goudeau, City Clerk pl'15'
SUBJECT: Follow up from February 19,2002 \V'ork Session
COPIES: \V'illiam B. Horne, City Manager
DATE: February 20, 2002
In response to questions raised at the February 19, 2002 \V'ork Session, the following answers are
provided in final agenda order:
Item #13 - Contract to Gemini Inc. to paint the parks Beautification Complex at 507 Vine Avenue
- Regarding the discussion of $20,000 to be appropriated from general fund retained earnings in order to
expedite the painting of the property to bring it up to code. - The Parks and Recreation Department
expenditures were $264,344 under budget in FY01 and therefore that department was responsible for the
increase of the General Fund Retained Earnings (Fund Balance) by this amount at 9/30;01 (unaudited
numbers). The General Services fund had a net income of $156,493 (unaudited numbers) for FYOl,
therefore, the retained earnings of this fund increased by this amount at 9/30/01.
Item #14 - Approve Lease and subsequent renewable lease extension for Long Center - Revised
item provided (by fax) changing from 20 year lease to 15 year lease. Revised page two of lease also
provided (by fax).
Item #23 - Appoint Commissioner Jonson to represent Commission at Canvassing Board for
March 12, 2002 General Election - revised item is provided.
Revised agenda with change in title for Item #14 will be provided at your seats on Thursday.
Reminder - Please bring your calendars to the Commission meeting.
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SUBJECT IRECOMMEN DATION:
SERVICE AWARDS
Clearwater
City Commission
Agenda Cover
Memorandum
Final Agenda Item #
Meeting Date:
o and that the appropriate officials be authorized to execute same.
SUMMARY:
5 Years.
Douglas J. Munson, Jr. Police
Anthony S. Nellis Solid Waste
Mary T. Repp Parks & Recreation
10 Years
Charles S. Warrington, Jr. Gas
15 Years
Alison A. Johnson
Robert E. Griswold
John E. Beebe
James A. Berry
Terry R. Avery
Gary D. DeYoung
Reviewed by:
Legal NA
Budget NA
Purchasing NA
Risk Mgmt NA
Public Utilities
Public Utilities
Parks & Recreation
Solid Waste
General Services
General Services
Info Tech
Public Works
DCM/ACM
NA
NA
Other
NA
Submitted by:
City Manager
Printed on recycled paper
2/98
Originating Dept:
Human Resources
Usar Dept.
Attachments
o None
20 Years
Robert Wile
Solid Waste
25 Years
John H. Jeffries, Jr. Public Utilities
Charles S. Flowers Fire
Vincent J. Carino, Jr. Fire
James T. Peppe Fire
Gordon W. Yaudes Fire
Larry D. Akins Solid Waste
Larry Dean Fire
Costs
Funding Source:
Coptlol
Improvement
Operating
Other
Appropriation Code:
.3
2/19/02
2/21/02
Total
Current Fiscal Year
Rev.
..
Clearwater City COlnmission
Agenda Cover MeInoranduln
Work session Item #: P W I:/; '1
Final Agenda Item # 7
Meeting Date:
02/21/02
SUBJECT/RECOMMENDA TION: Approve the applicant's request to vacate the 15 foot
sanitary sewer easement lying over the 15 foot vacated alley which lies within Block 3, of the
"Plot of the Wallace Addition to Clearwater, Florida" as recorded in Plat Book 3, Page 6, of
the Official Records of Hillsborough County, Florida of which Pinellas County was formerly a
part, (AKA 601-639 South Fort Harrison Avenue) and pass ordinance Number 6936-02 on first
reading, (V2002-01 White/Publix),
00 and that the appropriate officials be authorized to execute same.
SUMMARY:
· The vacation proposed is associated with the redevelopment of the subject property into a new Publix
retail center and Bank
. The City of Clearwater has an existing sewer line in the easement.
. The applicant will bear all costs related to removal and relocation of the sewer line.
. No other utilities are located or permitted within the existing easement.
. Pubic Works Administration has no objections to the vacation request.
Budget
Purchasing
Risk Mgmt
Public Works.
DCM/ACM
Other
Current FY
Funding Source:
CI
OP
Other
Reviewed by:
Legal
~
N/A
N/A
N/A
Info SNC
N/A
Originating Cept:
Public Works dJ
Administration .?It 1
Steve Doha I'
User Dept.
N/A
Attachments
pf, Ord. 6936-02 .
\. Location Map
Costs N/A
Total
Submitted bY:~ .1 a
City Manager ~
~
Appropriation Code:
PrInted on recycled paper
VACATION 2002-02 White
"!.',;.
ORDINANCE NO. 6936-02
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, VACATING THE 15-FOOT SANITARY SEWER
EASEMENT LYING OVER THE 15-FOOTVACATED ALLEY
WHICH LIES WITHIN BLOCK 3 OF PLOT OF WALLACE
ADDITION TO CLEARWATER, FLORIDA; PROVIDING AN
EFFECTIVE DATE.
WHEREAS, James White, owner of real property located in the City of Clearwater,
has requested that the City vacate the sewer 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:
15-foot sewer easement lying over the 15-foot vacated alley which lies
within Block 3, of the "Plot of the Wailace Addition to Clearwater, Florida" as
recorded in Plat Book 3, Page 6, Publix Records of Hillsborough County,
Florida of which Pinellas was formally a part
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
Brian J. Aungst
Mayor-Commissioner
Approved as to form:
Attest:
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~:C. Hay~a~
Assistant City Attorney
Cynthia E. Goudeau
City Clerk
Ordinance No. 6936-02
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Agenda Cover Mcmorandum
Worksessiol1 Itcm II
PLD I
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Final ^g'~ll(fa Item II
tvlccting Date
02-21-02
SUBJECT /RECOMMENDA TI ON:
Amendments to the Community Development Code
MOTION: APPROVE text amendments to the Community Development Code and PASS Ordinance
No. 6928-02 on first reading.
o and that the appropriate officials be authorized to execute same.
SUMMARY: The Planning Depat1ment is charged with reviewing the Community Development Code on an
annual basis to determine if any additions, deletions, or revisions are needed to improve the administration of
the Code or regulations imposed. The Planning Department has conducted its review and comprehensive
amendments are being proposed to the Code. A list of proposed amendments was presented to the City
Commission at the January 7, 2002 Worksession. The Commission provided direction to staff on many issues
including transfer of development rights, vending machines, and tree replacement requirements. Additionally,
the commission directed staff not to include certain amendments. This agenda item and the attachments
reflect the policy decisions made by the Commission at the January th Worksession.
Attached please find the following documents relating to the proposed amendments to the Community
Development Code:
· Ordinance No. 6928-02.
Legal
Budget
Originating Department:
Planning rvr J
Gina L. Crayton~
Costs:
Commission Action:
· The staff report, which details the most noteworthy proposed amendments, and the review criteria required
for text amendments.
· A cOlnprehensive listing of all proposed amendments.
Reviewed
by:
Purchasing N/A
Risk Mgmt. N/A
IS N/A
ACM N/A
Other N/A
UserDepartmen~OJ'
Planning (YJ
o Approved
Total 0 Approved with
Conditions
o Denied .
Current Fiscal Year 0 Continued to:
Submitted
b~
Advertised:
Date:
Paper:
o Not Required
Funding Source:
o Capitallmprovemenl
o Operating:
o Other:
Appropriation Codo
Attachments:
Planning Dept. Staff Report
Ordinance No.6928-02
Comprehensive List of
Code Amendments
AA.1r~4 -
",
Affected Partlos
o Notified
o Not Required
o None
City Manager
o Printed on recycled paper
]
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The ordinance has been submitted to the Pinellas Planning Council (PPC) for a consistency review and the
Community Development Board (CDB) will review the proposed amendments at its regularly scheduled
meeting on February 19, 2002. The Plamling Department will report the recommendations of the PPC and the
CDB at the City Commission meeting.
.
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CDB Meeting Date: February 19.2002
Case: T A 02-01-01
Agenda Item: C6
CITY OF CLEARWATER
PLANNING AND DEVELOPMENT SERVICES ADMINISTRATION
STAFF REPORT
TEXT AMENDMENTS
REQUEST:
Amendments to the Community Development Code as a Result
of the Annual Review - Ordinance No. 6928-02.
INITIATED BY:
City of Clearwater Planning Department
BACKGROUND INFORMATION:
Since the passage of the new Community Development Code in 1999, the Planning
Department has been charged with reviewing the Code on an annual basis to determine if
any additions, deletions, or revisions are needed to improve the administration of the
Code or regulations imposed. Over the past year, the Planning Department has been
compiling a list of issues associated with the Code. Suggested amendments have been
collected from various departments including Planning, Development Services and Parks
and Recreation, as well as the City Commission, Community Development Board and
citizens. During this code update process, staff has met with numerous groups to solicit
input on the update including the Clearwater Coalition of Homeowners Association, the
Government Affairs Committee of the Chamber of Commerce, the Main Street Design
and Economic Committees, the Environmental Advisory Board, the Pinellas Suncoast
Association of Realtors, the Clearwater Beach Chamber of Commerce, the Downtown
Development Board and the Marine Advisory Board. Additionally, the Planning
Department held a public workshop at the Harborview to seek comments and suggestions
and answer questions.
ANALYSIS:
The Planning Department is recommending a number of amendments to the Community
Development Code. Of those, approximately twenty (20) can be considered a change in
current policy or a new policy issue. The remaining amendments are editorial in nature,
provide additional flexibility criteria, or are refinements to existing provisions.
Page 1
Pds on 'ms2/Planning Department/2002 Code
Amendment/Staff Report - 2002 Amendments
, . . ! ' \. . ,.' I I . J .. , ' " . .' J ~, 41"
Please find below a summary of the most noteworthy proposed mncndments organized by
Article. Attached please find. a comprehensive listing of all proposed amendments.
Amendments in the list are organized by number, by Code section number and include a
brief summary of the amendment. Also attached is Ordinance No. 6928-02 which
includes all of the specific amendments. The section number of each amendment in the
ordinance corresponds to the number in the comprehensive list. Text that is underlined
indicates proposed language and text containing strikethroughs indicate deletions.
Article 2 - Zonine Districts
.
Accessory Structures (Pages 5, 6, and 7 of Ordinance)
The Planning Department is proposing to revise the diagrams illustrating setback
requirements in all residential zoning districts by renaming accessory uses to
accessory structures and eliminating reduced setbacks specifically for accessory
structures in the front setback. The amendment also replaces references to accessory
swimming pools with accessory stnlctures.
.
Social and Community Center (Pages 8, 9, 11, 17, 19, 21-22, 26, and 28 of
Ordinance)
The Planning Department is proposing to expand the locations in which social and
community centers are permitted. At present, these centers are only allowed in the
Institutional District; however, nlany existing centers are located in other zoning
district. The proposed amendment would allow these uses as minimum standard and
flexible standard development in the Downtown, Tourist and Commercial Districts.
This proposed amendment will bring many of theses facilities into conformity with
the Code.
· Marina and Marina Facilities (Pages 7-10,12-14,16,17,19,22,25-27, and 29-30
of Ordinance)
Recent revisions to the dock provisions (Ordinance 6795-01) require all commercial
docks to be approved by the Community Development Board. Marinas and marina
facilities are commercial docks, however, they are permitted as minimum standard
and flexible standard uses in the Commercial, Tourist, Downtown and Institutional
Districts. To be consistent with recently approved dock provisions, the Planning
Department is proposing amendnlents that would pennit marinas and marina facilities
only through a flexible development approval process (Community Development
Board approval.) The amendment further requires marina/marina facilities to comply
with the commercial dock standards, as well a general marina standards established in
Article 3, Development Standards.
Page 2
Pds on 'ms2/Planning Department/2002 Code
Amendment/Staff Report - 2002 Amendments
" ,', -".:,', . .' :"'.',.. ,.~:: :~.' ," ::~'.,'~ ','~~~
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Article 3 - Development Standards
· Location of Watercrafts (Page 34 of Ordinance)
Davits are exempt from dock setback requirements and concenl has been raised that
boats could possibly extend legally into adjacent properties. Trends indicate that the
size of boat used for personal purposes is increasing in size. The Planning Department
is proposing a provision that specifies that all watercraft must be contained with the
property lines as extended into the water.
· Deviations for Multi-Use Docks (Page 34 of Ordinance)
Deviation provisions are proposed for multi-use docks 500 square feet in size or
smaller consistent with the deviation procedures established for docks for single and
two family dwellings. These procedures would allow deviations to be granted if the
adjacent property owners agree to the deviation. If they do not agree, the property
owner may petition for the deviation through a flexible standard review process. This
is consistent with the deviation procedures established for docks serving single family
and two family dwellings.
· Chain Link Fences (Pages 35-36 of Ordinance)
The Planning Department is proposing to prohibit chain link fences in the Downtown
District to be consistent with the design theme and character established in the
Downtown Design Guidelines.
· Vending Machines (Page 37 of Ordinance)
Due to the aesthetic concerns associated with vending machines, the Planning
Department is proposing to limit the number of vending machines that can be placed
outside of a building to two. The proposed amendment also prohibits signage on the
sides of vending machines and limits signage on the front of each machine to 35% of
the front area of the machine. These limitations are very similar to provisions
regulating newsracks.
· Tree Replacement Requirements (Pages 38-39 of Ordinance)
The Planning Department originally proposed a 25% tree replacement credit for
developed multi-family and commercial properties. After further research, the
Planning Department determined that a revision was made to the Code in 1999 that
allowed trees within required landscaped areas to be used as credit against tree
replacement requirements; however, this change was never codified. In light of this
allowable credit, the Planning Department is recommending an amendment giving the
Community Development Coordinator authority to waive tree replacement
requirements for exotics, other undesirable trees and those trees in declining health
Page 3
Pds on 'ms2/Planning Department/2002 Code
Amendment/Staff Report - 2002 Amendments
. '.' , ' , ': . ' . " , .' .. . , . , ". .. . J ., '" .' ,.' ~ . ~ . r" I ,
instead of the 250/0 replacement credit. This proposed provision, along with the credit
for required landscaping negates the problenl of having sufficient space for required
tree replacements.
II Parking Denland Study (Page 40 of Ordinance)
The Planning Department is proposing a provision that requires a parking demand
study to be conducted if deviations from the parking requirements are proposed. The
amendment requires the Inethodology of such study to be in accordance with accepted
traffic engineering principles and approved by the Community Development
Coordinator. It also clarifies that the results of the study will determine whether or
not the reduction in parking can be approved.
· Maintenance of Rights-of-Way (Page 43 of Ordinance)
At the request of the Community Response Team, the property maintenance standards
are proposed to be expanded to prohibit the growth of shrubs and vegetation, in
addition to weeds or trash, within the right-of-way. This amendment requires the
abutting property owner to maintain all landscaping so that it does not protrude in to
the right-of-way and create safety hazards.
· Seawalls (Page 42-43 of Ordinance)
During the Island Estates neighborhood planning process, the issue of seawall
maintenance was discussed. Upon a review of the Community Development Code
and the Building Code, it was concluded there are no specific maintenance standards
for seawalls. Due to the importance of seawall maintenance, the Planning
Department is proposing a property maintenance standard for seawalls and a
provision declaring unsafe/un-maintained seawalls a nuisance.
· Abandoned Signs (Page 43 of Ordinance)
Abandoned signs that are determined to be nonconforming with the sign ordinance
are required to be removed after notice is given. This section of the code, however,
also permits in the alternative, the ability to use neutral sign panels to replace the sign
panels of an abandoned signs. The Planning Department is proposing to eliminate
this provision so that abandoned nonconforming signs must be removed.
· Sign Design Requirements (Page 45 of Ordinance)
The Planning Department is proposing a provision that requires all signs to be
architecturally integrated into the building and/or site by using similar and
coordinated design and style features, materials and colors.
Page 4
Pds on 'ms2/Planning Department/2002 Code
Amendment/Staff Report - 2002 Amendments
. ~, . ,,( '. ...' }. . " . . ~ : - '. ". ! .' .'.,. . . ' ., .'" . , , ' , , " ' .' . I
· Freestanding Signs at Elevated Intersections (Pages 45-46 of Ordinance)
The Planning Department is proposing to add a provision that permits freestanding
signs to project 14 feet in height above the crown of the road for properties fronting
on elevated intersections. This amendment is proposed to address identification
needs for properties with frontage along elevated overpasses along US 19 and
McMullen Booth Road. This issue has surfaced due to new elevated intersections
being planned for US 19. The old code had a similar provision permitting additional
sign height in these locations.
· Minimum Permitted Sign age (Page 46 of Ordinance)
Recognizing that the current provision for attached and freestanding signage is very
limiting, the Planning Department is proposing to increase the absolute minimum
pennitted sign area from ten (10) square feet to twenty (20) square feet in area.
· Comprehensive Sign Program (Pages 47-48 of Ordinance)
The Planning Department is proposing revisions to the Comprehensive Sign Program,
which will allow deviations from the minimum sign standards in terms of numbers of
signs and sign area. These amendments will permit an increase in the amount of
attached signage from 1 % of up to a maximum of 5% of the building fa9ade to which
the sign is attached. Freestanding signs will continue to be limited to two times the
total permitted sign area. The amendments also propose guidelines to be used when
determining the number and location of additional signage. Proposed criterion
focuses on site size, amount of frontage, access, traffic circulation, etc.
· Portable Storage Units (Page 49 of Ordinance)
The Planning Department is proposing to give the Community Development
Coordinator authority to approve the use of portable storage units in emergency
situation for duration of emergency repairs instead of only for four (4) days.
Article 4 - Development Review and Other Procedures
· Submittal Requirements (Page 49 of Ordinance)
The current code permits either a plat of record or a survey to be submitted with an
application of development approval. Because a plat of record does not include the
location of any buildings or structures and a survey does, the Planning Department is
proposing to delete the plat of record option.
Page 5
Pds on 'ms2/Planning Departrnent/2002 Code
Amendment/Staff Report - 2002 Amendments
. . . f '. '. '," ) ~:'" . ." . ','. i
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· Appeals Presented to Hearing Officer (Page 51 of Ordinance)
Typically appeals made to hearing officers are decided on the infomlation that was
presented when the original decision was made. The current code does not specify
this; therefore, the City has been in positions where cases are being tried at the
hearing officer level. The Legal Department is proposing that the code be revised to
not allow discovery or depositions at the appeal, however, new witnesses may be
presented.
· Final Plat (Page 52 of Ordinance)
The Planning Department is proposing an amendment that specifies that no building
permits may be issued until evidence of final plat recordation has been submitted.
The Code currently requires this only upon issuance of a certificate of occupancy,
which occurs when building construction is completed.
· Transfer of Development Rights (Pages 53-54 of Ordinance)
To gain consistency with the Countywide Rules, the Planning Department is
proposing to add language to the transfer of development rights (TDRs) provisions
that specify that TDRs may only be used within approved Community
Redevelopment Areas or to protect architecturally significant structures, historic
structures or environmentally sensitive areas. Amendments also require the sending
site to meet all property maintenance standards prior to transferring development
rights and to require consent of the mortgage holders prior to approving any transfer.
An amendment also requires that there be a reasonable relationship between the
number of units transferred and any increases in building height.
Article 7 Enforcement Proceedings and Penalties
· Correction of Violation Prior to Hearing (Page 54 of Ordinance)
The Planning Department is proposing to delete the provision which allows
violations, if corrected prior to the hearing and not repeated within six months, to be
considered withdrawn. This amendment would ensure that repeat violators are
enforced upon according to stricter standards and greater fines.
CRITERIA FOR TEXT AMENDMENTS:
Code Section 4-601 specifies the procedures and criteria for reviewing text amendments.
Any code amendment must comply with the following.
1. The proposed amendment is consistent with and furthers the goals,
policies, objectives of the Comprehensive Plan.
Page 6
Pds on 'ms2/Planning Department/2002 Code
Amendment/Staff Report - 2002 Amendments
; , . I. . '. '. . . ~ . ~ . > "..... .. .'. ' ,~.; . . 1 . '.,' . .. ' '," / , ~ . ~, l'-.,
Below please find a selected list of goals, policies, objectives from the Clearwater
Comprehensive Plan that are furthered by the proposed amendments to the Community
Development Code:
. Goal 2 - The City of Clearwater shall utilize innovative and flexible planning and
engineering practices, and urban design standards in order to protect historic
resources, ensure neighborhood preservation, redevelop blighted areas, and encourage
infill development.
. 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 developments rights
pursuant to approved special area plans and redevelopment plan.
. Policy 2.1.2 - Renewal of the beach tourist district shall be encouraged through the
establishnlent 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 Cleanvater Beach and
Design Guidelines.
o Policy 2.1.3 - The area governed by Beach by Design: A Preliminary Design for
Clealwater Beach and Design Guidelines shall be recognized on the Countywide
Future Land Use map as a Community Redevelopment District. This area is bounded
on the north by the line dividing the block between Acacia Street and Somerset Street,
the Gulf of Mexico on the west, Clearwater Harbor on the east and the Sand Key
Bridge on the south, excluding Devon Avenue and Bayside Drive. Beachfront and
public property located adjacent to the Gulf of Mexico and the Intracoastal Waterway
with a Future Land Use designation of Recreation/Open Space shall be excluded from
the Community Redevelopment District.
o Policy 2.3.3 - The City of CleaIwater shall continue to implement the Design
Guidelines, adopted in 1995, for all development within the Downtown District.
. Policy 3.2.1 - Land Uses on the Comprehensive Land Use Plan Map shall generally
be interpreted as indicated in the following table. The intensity standards listed in the
table (FAR - floor area ratio; ISR - impervious surface ratio) are the maximum
allowed for each plan category, except where otherwise permitted by special area
plans or redevelopment plan approved by the City Commission. Consequently,
individual zoning district, as established in the City's Community Development
Code, may have more stringent intensity standards than those listed in the table but
will not exceed the maximum allowable intensity of the plan category, unless
otherwise pennitted by approved special area plans or redevelopment.
Page 7
Pds on 'ms2/Planning Department/2002 Code
Amendment/Staff Report - 2002 Amendments
I .. . , , ' . ~ . . ~ It '. I . '. I ' " . I"'" .
. Objective 4.1 - All signage with the City of Clearwater shall be consistent with the
Clearwater sign code, as found in the Community Development Code, and all
proposed signs shall be evaluated to detemline their effectiveness in reducing visual
clutter and in enhancing safety and attractiveness of the streetscape.
. Policy 4.1.1 - Commercial signs in Clearwater shall be restricted to discourage the
proliferation of visual clutter, promote community aesthetics, provide for highway
safety and to allow the identification of business locations.
. Objective 4.2 - All development and redevelopment initiatives within the City of
Clearwater shall meet the minimum landscaping/tree protection standards of the
Community Development Code in order to promote the preservation of existing tree
canopies, the expansion of that canopy, and the overall quality of development within
the City.
. Policy 22.2.7 - Transfer of development rights should be implemented to provide
alternatives to development and degradation of wetlands and other natural resources.
2. The proposed amendments further the purposes of the Community
Development Code and other City ordinances and actions designed to
implement the Plan.
The proposed text amendments include a broad range of regulations ranging from
pennitted uses, numerical standards, flexibility criteria, procedures, enforcement and
definitions. The proposed amendments are consistent with the provisions of Section I-
103 that lists the purposes of the Code.
SUMMARY AND RECOMMENDATION:
The proposed amendments to the Community Development Code are consistent with the
Clearwater Comprehensive Plan and the purposes of the Community Development Code.
They also further the original redevelopment goals that established the Code. The
amendments permit certain uses in a wider range of zoning district. They also provide
more appropriate development standards regarding marinas, signage and tree replacement
requirements. They also strive to improve community aesthetics through the additional
regulation of sign design and the limitation of the nmnber of vending machines allowed
outside of a building. In many instances the proposed amendments promote more site-
specific solutions. These solutions ultimately promote economic development and
maintain high standards for development, which are essential in a community undergoing
redevelopment.
Page 8
Pds on 'ms2/Planning Dcpartment/2002 Code
Amendment/Staff Report - 2002 Amendments
The Planning Department Staff recommends APPROVAL of Ordinance No. 6928-02
which makes revisions to the Community Development Code.
Prepared by: Gina L. ClaytonQ!J
ATTACHMENT:
List of Proposed Amendments to the Community Development Code
Proposed Ordinance No. 6928-02
Page 9
Pds on 'mQ2/Planning Department/2002 Code
Amendment/Staff Report - 2002 Amendments
.' .
List of Community Development Code Issues
(Revised Draft 2/11/02 )
ARTICLE 1.
GENERAL PROVISIONS
Zoning District Boundaries
(1) Sec. 1-109 Zoning District Boundaries. Establish method for how zoning
districts are drawn i.e. to the centerline of right-of-way. (Pages 2-3
of Ordinance)
ARTICLE 2. ZONING DISTRICTS
District Use Categories Chart
(2) Sec. 2
Chart. Add title and section number to chart. Correct scrivener
errors in chart. Add social/public service agencies to "C", and "D"
Districts; add Neighborhood Conservation Overlay District to
chart; add Marinas and Marina facilities to the "e", "T", "D", and
"1" Districts. Delete Marina facilities from "0" Office District as
it is not allowed. [Pages 3-5 of Ordinance)
Division 1. Low Density Residential District
(3) Sec. 2-102
Minimum Standard Develollment Dia2:rams. Rename
"accessory uses" to "accessory structures" in district diagram.
Eliminate reduced setbacks specifically for accessory
structures in the front setback in these districts. [Pages 5 of
Ordillan ce]
Division 2. Low Medium Density Residential District
(4) Sec. 2-202
Pools and Screen Enclosures. Remove accessory "pools and screen
enclosures" from Table 2-202 "LMDR" District Minimum
Standard Development. These are already regulated as accessory
structures in the Minimum Standard Development Diagrams.
[Page 5 a/Ordinance.]
Bold indicates major policy issues.
1
Rcvised aflcr 01-07-02 Commission
Workscssion & aflcr ordinancc preparation
S:IPlanlling Departmelltl2002 Codc Al/lelld"'ellt.~\Re\';sed Commllllity Dc\'elopnwIII Code Issues.doc
. .
. ..
(5) Sec. 2-202
Minimum Standard Develovment Dia2ram. Rename
"accessory uses" to "accessory structures" in district diagram.
Eliminate reduced setbacks specifically for accessory
structures in the front setback in these districts. {Page 6 of
Ordillallce]
Division 3. Medium Density Residential District
(6) Sec. 2-302
Minimum Standard Develovment Dia2ram. Rename
"accessory uses" to "accessory structures" in district diagram.
Eliminate reduced setbacks specifically for accessory
structures in the front setback in these districts. {Page 6 of
Ordillallce]
(7) Sec. 2-304.A
Delete sign regulation for Assisted Living facilities. Sign
regulations are located in Article 3. [Page 6 of Ordinance]
Division 4. Medium High Density Residential District
(8) Sec. 2-402
Minimum Standard Development Dia2ram. Rename
"accessory uses" to "accessory structures" in district diagram.
Eliminate reduced setbacks specifically for accessory
structures in the front setback in these districts. {Page 6 of
Ordinance]
(9) Sec. 2-403.A
Delete sign regulation for Assisted Living facilities. Sign
regulations are located in Article 3 Division 18. [Page 6 of
Ordinance]
Division 5. High Density Residential District
(J 0) Sec. 2-502
Minimum Standard Development Dia2ram. Rename
"accessory uses" to "accessory structures" in district diagram.
Eliminate reduced setbacks specifically for accessory
structures in the front setback in these districts. [Pages 6-7 of
Ordinance]
(11) Sec. 2-503.A
Delete sign regulation for Assisted Living facilities. Sign
regulations are located in Article 3 Division 18. [Page 6 of
Ordinance)
Bold indicates major policy issues.
2
Revised after 01-07-02 Commission
Worksession & after ordinance preparation
S:\Plnnl/;IIg Depnl'tmelltl2002 Code Amcl/(lmcl/tsIRc\';scd Community [)c\'e1opmcl/t Cot/e Issm's.doc
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Division 6. Mobile Home Park
(12) Sec. 2-602
Minimum Standard Development Diaeram. Rename
"accessory uses" to "accessory structures" in district diagram.
Eliminate reduced setbacks specifically for accessory
structures in the front setback in these districts. {Page 7 of
Ordillall ce]
Division 7. Commercial District
(13) Table 2-702
(14) Sec. 2-703
(15) Sec. 2-703.H
(16) Sec. 2-703.M
(17) Sec. 2-703.N
(18) Sec. 2-703.P
(19) Sec. 2-703.Q
Revise Minimum Standard Development Table by deleteing
Marinas, adding Social and Community Centers and revising
parking standards for Vehicle Sales and Displays from 2.5
spaces/1000 square feet of lot area to 2.5 spaces/1 000 square feet
of sales lot area. Fix typographical error regarding rear setback in I
retail sales and service from 120 feet to 20 feet. [Pages 7-8 of
Ordinance}
Revise Flexible Standard Development Standards Table by
deleting Marina Facilities, adding Social and Community
Center and revising parking standards for Vehicle Sales and
Displays from 2.5 spaces/IOOO square feet of lot area to 2.5
spaces/1000 square feet of sales lot area. [Pages 8-9 of Ordinance)
Delete flexibility criteria for Marina Facilities. {Pages 9-10 of
Ordiltallce]
Outdoor Retail Sales and Service. Delete sign regulation for this
use because signs are regulated in Article 3 Division 18. [Page 10
of Ordinance}
Overnight Accommodations. Delete sign regulation for this use
because signs are regulated in Article 3 Division 18. [Pages 10-11
of Ordinance)
Restaurants. Delete sign regulation for this use because signs are
regulated in Article 3 Division 18. [Page 11 of Ordinance)
Social and Communitv Centers. Add flexibility criteria for
Social and Community Center. [Pages 11-12 ofOrtJillallce}
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(20) Sec. 2-703.S.1 Utility Infrastructure. Dclctc flexibility criteria that prohibits above
ground utility structurcs that arc located adjacent to a street right-
of-way. Continue to enforce setback requirements as required.
[Page 12 of Ordinance}
(21) Table 2-704 Flexible Development Table. Add Marina Facilities. [Page /2
of Ordinance]
(22) Sec. 2-704.B Marina Facilities. Add flexibility criteria for Marina Facilities.
[Pages 13-14 of Ordin all ce)
(23) Sec.2-704.G Offices. Delete sign regulation for this use because signs are
regulated in Article 3 Division 18. [Page 14 of Ordinance)
(24) Sec. 2-704.1 Overnight Accommodations. Delete sign regulation for this use
because signs are regulated in Article 3 Division 18. [Page 15 of
Ordinance)
(25) Sec.2-704.K Problematic Uses. Delete sign regulation for this use because
signs are regulated in Article 3 Division 18. [Page 15 of
Ordinance)
(26) Sec. 2-704.L Restaurants. Delete sign regulation for this use because signs are
regulated in Article 3 Division 18. [Page 15 of Ordinance)
Division 8. Tourist District
(27) Table 2-802
Flexible Standard Development Table. Delete Marinas and add
Social and Community Centers. [Page 15-17 of Ordinance]
(28) Sec. 2-802.C
Governmental Uses. Delete sign regulation for Governmental
Uses because signs are regulated in Article 3 Division 18. [Page
17 of Ordinance)
(29) Sec.2-802.E
Marinas. Delete flexibility criteria for marinas. [Pages 17-/8
of Ordinance]
(30) Sec.2-802.K
Overnight Accommodations. Delete sign regulation for this use
because signs are regulated in Article 3 Division 18. [Page 18 of
Ordinance)
(31) Sec. 2-802.0
Restaurants. Delete sign regulation for this use because signs are
regulated in Article 3 Division 18. [Page 18 of Ordinance)
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(32) Sec. 2-802.R.l Utility Infrastructure. Delctc flexibility criteria that prohibits above
ground utility structures that are locatcd adjacent to a street right-
of-way. Continue to enforce setback requirements as required.
(Page 18 afOrdinance)
(33) Sec. 2-802.R Social and Community Centers. Add flexibility criteria for this
use. fPage 19 of Ordinal Ice}
(34) Sec. 2-803.A Alcoholic Beverages. Delete sign regulation for this use because
signs are regulated in Article 3 Division 18. (Page 19 of
Ordinance)
(35) Sec. 2-803.E Marina Facilities. Add provision requiring marina facilities to
comply with commercial dock and marina requirements set
forth in Article 3 Division 6. [Page 19 of Ordinance)
(36) Sec. 2-803.F Nightclubs. Delete sign regulation for this use because signs are
regulated in Article 3 Division 18. [Page 19 of Ordinance)
(37) Sec. 2-803.G Offices. Delete sign regulation for this use because signs are
regulated in Article 3 Division 18. [Page 20 of Ordinance)
(38) Sec. 2-803.1 Overnight Accommodations. Delete sign regulation for this use
because signs are regulated in Article 3 Division 18. [Page 20 of
Ordinance)
(39) Sec. 2-803.1 Restaurants. Delete sign regulation for this use because signs are
regulated in Article 3 Division 18. [Page 20 of Ordinance)
Division 9. Downtown District
(40) Sec. 2-902
Flexible Standard Development Table. Add Indoor
Recreation! Entertainment and Social and Community Centers
as flexible standard uses. {Pages 20-21 of OrdillanceJ
(41) Sec. 2-902.E
Indoor Recreation/Entertainment. Add flexibility criteria for this
use. [Page 21 of Ordinance]
(42) Sec. 2-902.0
Social and Conlmunitv Centers. Add flexibility criteria for this
use./Pages 21-22 of Ordill an cef \
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(43) Sec. 2-902.A
Utility Infrastnlcturc. Delctc flcxibility critcria that prohibits abovc
ground utility structures that are locatcd adjacent to a street right-
of-way. Continue to enforcc setback requircments as required.
[Page 22 of Ordinance}
(44) Sec. 2-903.8
Marina Facilities. Add provision requiring marina facilities to
comply with commercial dock and marina requirements set
forth in Article 3 Division 6. (Page 22 of Ordinance)
Division 10. Office District
(45) Sec. 2-1003.F Offices. Delete sign regulation for this use because signs are
regulated in Article 3 Division 18. [Page 22 of Ordinance]
(46) Sec. 2-1003.M Utility Infrastructure. Delete flexibility criteria that prohibits above
ground utility structures that are located adjacent to a street right-
of-way. Continue to enforce setback requirements as required.
[Page 22 of Ordinance}
(47) Sec. 2-1003.N Veterinary Office. Delete sign regulation for this use because signs
are regulated in Article 3 Division 18. [Page 22-23 of Ordinance}
(48) Sec. 2-1004.C Medical Clinic. Delete sign regulation for this use because signs
are regulated in Article 3 Division 18. [Page23 of Ordinance)
(49) Sec. 2-1004.E Nursing Homes. Delete sign regulation for this use because signs
are regulated in Article 3 Division 18. [Page 23 of Ordinance}
(50) Sec. 2-1004.F Offices. Delete sign regulation for this use because signs are
regulated in Article 3 Division 18 and add flexibility criteria for
side and rear setback reductions. [Page 23 of Ordinance]
(51) Sec. 2-1004.H Retail Sales and Services. Delete sign regulation for this use
because signs are regulated in Article 3 Division 18. [Pages 23-
24 of Ordinance}
(52) Sec. 2-1004.J TV!Radio Studios. Delete sign regulation for this use because signs
are regulated in Article 3 Division 18. [Page 24 of Ordinance)
Division 12. Institutional District
(53) Sec. 2-1202
Minimum Development Standards Table. Delete Marinas as
minimum development use. [Pages 24- 25 of Ordinance]
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. .
(54) Sec. 2-1203 Flexible Standard Development Standards Table. Delete
Marina Facilities and add Assisted Living Facilities, Nursing
Homes, Social Community Centers and Congregate Care as
flexible standard use. [Pages 25-26 of Ordinance]
(55) Sec. 2-1203.B Airport. Delete existing criteria and reference 1999 Airport fvtaster
Plan study and permit short-teml development projects identified
in the Plan as Flexible Standards Development and mid-tenn
development projects as Flexible Development projects. All
development at City's Airpark must relate to Airport Master Plan.
[Page 26 of Ordinance]
(56) Sec. 2-1203.F Marina and Marina Facilities. Delete flexibility criteria for
marina and marina facilities. fPages 26- 27 of Ord;1I all cej
(57) Sec. 2-1203 Flexibility Criteria. Add flexibility criteria for Assisted Living
Facilities, Nursing Homes, Social and Community Centers and
Congregate Care. fPages 27-28 of Ordi1lall cej
(58) Sec. 2-1203.N Utility Infrastructure. Delete flexibility criteria that prohibits above
ground utility structures that are located adjacent to a street right-
of-way. Continue to enforce setback requirements as required.
[Page 29 of Ordinance}
(59) Sec. 2-1204 Flexible Development Table. Add Marina and Marina
Facilities as a flexible development use. fPage 29 of Ordillallcej
(60) Sec. 2-1204.E Marinas and Marina Facilities. . Add flexibility criteria for
marinas and marina facilities. fPages 29-30 ofOrdillancej
Division 13. Industrial. Research~ and Technology District
(61) Sec. 2-1303
Flexible Standard Development Table. Revise parking
requirements for VehicIe Sales and Display and Major Vehicle
Sales/Displays from 1.5/1,000 square feet of lot area to 1.5/1,000
square feet of lot sales area in Flexible Standard Development.
[Pages 30-32 of Ordinance]
(62)Sec.2-1303.P
Utilitv/lnfrastructure Facilities. Remove flexibility criteria that
prohibits above ground utility structures that are located adjacent
to a street right-of-way. Continue to enforce setback requirements
as required. [Page 32 afOrdinance)
Bold indicates major policy issues.
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Division 16. Coachman Ridge Neighborhood Conservation Overlay District.
(63) Sec. 2-1601 Coachman Ridge Table 2-1601 CD) "CRNCOD" Minimum
Development. Remove Community Residential Homes (6 or fewer
residents) fronl table and place as footnote "(2) Community
Residential Homes (6 or fewer residents) shall be considered a
detached dwelling." [Pages 32-33 of Ordinance)
ARTICLE 3. DEVELOPMENT STANDARDS
Division 2. Accessory Use/Structure
(64) Sec. 3-201.BA Accessory Structures. Require that accessory structures be located
behind the front edge of the principal structure. This revision is in
conjunction with the deletions made to the minimum standard
development diagrams regarding accessory structures in the front
setback. [Page 33 of Ordinance)
(65) Sec. 3-201.B.10 Accessory Structures. Add new provIsIon reqUlnng in-ground
pools 12 inches or less above grade to be considered as an
accessory structure and in-ground pools greater than 12 inches
above grade to be considered as principal structures. Renumber 3-
201.10 to 3-201.11 [Page 33-34 of Ordinance)
Division 6. Dock Marina Standards
(66) Sec. 3-601.C.1.a Docks. Boats typically extend about 4' beyond davits. By
allowing davits to be exempt from the setbacks, situations may
occur where a boat hangs over the extended property line into
another property. Add provision that boats must remain
within property boundary lines. [Page 34 of Ordinance)
(67) Sec. 3-601
Multi-Use Docks. Add variance provisions for multi-use docks
500 square feet or smaller. [Page 34 of Ordinance]
Division 7. Erosion and Siltation Control
(68) Sec. 3-702.B
Stabilization of Denuded Areas. Reduce current time frame that
allows construction sites to be left denuded from 60 days to 30
days after final grade is established. [Page 34 ofOrdinllnce)
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Division 8. Fences and Walls
(69) Sec. 3-S04.A
(70) Sec. 3-804.B
(71) Sec. 3-805
Front Setback. Replace "setback" with "of a principal structure"
so fence regulations pertain to the area between the structure and
the property line instead of the setback. [Page of 35 of Ordin {In ceJ
Side and Rear Setback Areas. Replace "in the required setbacks"
with "between the principal structure and any side or rear lot line.
This regulates fences between the structure and lot lines instead of
just in the setback. Add provision that permits fences in the "IRT"
District to be eight (8) feet in height. [Page 35 of Ordinance]
Chain Link Fences. Add new subsection "A" that prohibits
chain link fences in the Downtown District. Revise reference in
public and private recreational facilities subsection. [Pages 35-36
of Ordinance]
Division 9. General Applicability Standards
(72) Sec. 3-902.D
(73) Sec. 3-904
(74) Sec. 3-908.E
(75) Sec. 3-912.
(76) Sec. 3-915.C
(77) Sec. 3-916.C
Density Rounding. Add new provision that specifies that when
calculating lot area and/or density/intensity, these numbers cannot
be rounded up to the next whole number. [Page 36 of Ordinance]
Sight Visibility Triangle. Delete existing diagram and replace with
new simplified requirement that the visibility triangle is measures
twenty (20) feet back for the edge of the property line. [Page 36 of
Ordinance]
Roof Overhang. Add new provision specifying that roof overhangs
may extend 30 inches into required setback. [Page 36 of
Ordinance]
Outdoor Display/Storage. Delete provision allowing goods and
materials to be stored in manner not visible from the public right-
of-way or adjacent properties. [Page 36 ofOrdinallceJ
Uses Involving Vehicles. Remove "either" to limit areas where
vehicle repair is conducted within residentially zoned areas.
[Pages 36-37 of Ordinance]
V cndin!! Machines. Add new provision that limits the number
of vending machines that may be located outside and the
amount of sign age on each machine. [Page 37 ofOrdillu/lce]
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Division 12. Landscaping/Tree Protection
(78) Sec. 3-1202.B.l Minimum Plant Material Standards. Change requirements from
"Shade Tree 12' height, 4" caliper" to HShade Tree 10', 2.5" in
caliper." Smaller trees adjust better than larger trees, use less water
to stabilize and are more readily available and less costly than
larger trees. [Pages 37-38 of Ordinance]
(79) Sec. 3-1202.C.l Irrigation. Require irrigation systems to be pennanent. [Page 38 of
Ortiilzalzce]
(80) Sec. 3-1204.D Perimeter Buffers. Change perimeter buffer standards to require
the installation of concrete curbing "and" wheel stops. [Page 39 of
Ordinance]
(81)Sec. 3-1205.B.2.a Criteria for Issuance of Tree Permit. Expand criteria used to
evaluate tree removal permits to include Hspecies, tree structure,
competition" in addition to disease, insect attack, danger of falling,
proximity to proposed structures and interference with utilities.
[Page 39 of Ordinance]
(82) Sec. 3-1205.0.3. Replacement of Protected Trees and Palms. Add provision that
gives the Community Development Coordinator authority to
exempt certain trees from replacement based on species,
health, hazards and other conditions. (This provision is
proposed instead of 25% credit for developed property discussed at
Commission Worksession - see staff report.) [Page 39 of
Ordinance]
(83) Sec. 3-1205.D
.5.g
Wavier of Replacement Trees' Specifications. Replace "City
Manager" with "Community Development Coordinator" and delete
"size". (Added after 1/7/02 Commission Workshop - deleted
"size" because amendments include provision reducing the
required size of trees from 4" in caliper to 2.5" in caliper) [Page
39 of Ortiinance]
(84)Sec. 3-1205.D.S.hWaiver of Replacement Requirement. Add new provision giving
the Community Development Coordinator authority to exempt the
city from the tree replacement requirements for public utilities
projects. [Page 39 of Ordinance]
(85) Sec. 3-120S.F Proper Tree Care. Add new subsection specifying that it is
unlawful to use tree spikes or other devices which damage tissue of
protected trees." [Page 39 of Ordinance]
Bold indicates major policy issues.
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Division 13. Outdoor Lighting
(86) Sec. 3-1302
Site Lighting. Remove reference to "parcel proposed for
development" throughout section and replace with "parcel of land"
to address existing lights on parcels. [Page 40 of Ordinance]
Division 14. Parking and Loading
(87) Sec. 3-1401.C Parking: Demand Study. Add provIsIOn that requires all
parking demand studies for reduced parking to be reviewed
and approved by the Community Development Coordinator.
[Page 40 of Ordinance]
(88) Sec. 3-1403.A Permanent Surface. Add "spaces" to this subsection so that all
parking areas are required to be paved. [Page 400fOrdinance]
(89) Sec. 3-1403.B.J. Grass Surface. Delete references to multi-family and non-
residential uses. [Page 40 of Ordinance]
(90) Sec. 3-1407.A.
.1.d
Parking Restrictions in Residential Areas. Delete "Any semi-
tractor trailer truck or cab." This section is redundant because
specific large vehicles are prohibited in Section 3-1407.A.3. [Page
40 of Ordinance]
(91) Sec. 3-1407.A.2
Parking Restrictions in Residential Areas Within Setback Area
from Street Right-of-Way. Replace phrase "within any required
setback area from a street right-of-way" and replace "in front of
any portion of the principal structure." (Submitted by Dave
Campbell to address properties where the building is setback
greater than the required setback.) [Page 41 a/Ordinance]
(92) Sec. 3-1407.A.2.d.Parking Restrictions in Residential Areas. Delete "Any semi-
tractor trailer truck or cab." This section is redundant because
specific large vehicles are prohibited in Section 3-1407 .A.3. [Page
41 0/ Ordinance]
(93) Sec. 3-1407.A.4 Parking on the Grass. Give subsection title and add "to and parallel
after "adjacent" to better identify the location of the permitted
parking space on the grass. [Page 41 of Ordinance)
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(94) Sec. 3-1407.A.5 Grass Surface. Add new subsection entitled "Prohibition of
Parking on Unpaved Areas that states "No parking, displaying, or
storing of vehicles, trailers and/or boats shall be pemlitted on any
grass surface or other unpaved area zoned for any use unless
specifically authorized in this section." [Page 41 ofOrdinClnce]
(95) Sec. 3-1407.8.2 Loading/Unloading/Washing of Vehicles. Revise time allowed
from loading, unloading or cleaning of vehicles from six hours to
twenty-four hours. (Added after 01-07-02 Commission
Worksession.) [Page 41 of Ordinance]
Division 15. Property Maintenance Standards
(96) Sec. 3-1502.C.3 Property Maintenance Requirements for Windows. Delete
"storefront" from this provision so that all ground level windows
facing a public right-of-way must be properly maintained. [Pages
41-420fOrdinanceJ
(97) Sec. 3-1502.0.1 Exterior Storage and Display for Residential Properties. Delete part
of section that states goods and materials may not be stored in a
manner visible from the public right-of-way or abutting property.
This change was also made in Section 3-912. [Page 42 of
Ordinance]
(98) Sec. 3-1502.0.3 Exterior Storage and Display for Residential Properties. Change
"may" to "shall" to clarify that materials are not permitted to be
stored outside. [Page 42 of Ordinance]
(99) Sec. 3-1502.K.4 Parking Surfaces. Add "and driveway" after "parking lot" to
require the maintenance of driveways. [Page 42 of Ordinance]
(100) Sec. 3-1502.L Seawalls. Add subsection "L" "Maintenance of seawalls.
Require seawalls to be maintained in a structurally sound and
safe condition, free of cracks and spalling." [Page 42 of
Ordil1!l11ce]
(JOJ)Sec. 3-1503.B.5 Nuisances. Change current wording "untended and/or unfenced
swimming pools" to "hazardous swimming pools." [Pages 42-43
of Ordinance]
(102)Sec. 3-1503.B.8 Nuisances (Rif!:ht-of-Wav Maintenance).:. Replace "weeds or
trash" with "weeds, shrubs, vegetation, trash, or any other
obstruction extend." This will require the removal of a wider
variety of debris from the sidewalks. [Page 43 of Ordinance]
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(1 03)Sec.3-l503.B.l 0 Nuisances (Right-of-Way Maintenance ). Add "'or easement" after
Hdedicated right-of-way." [Page 43 of Ordinance]
(104)Sec. 3-1503.B.13Nuisance (Seawallsb Add new subsection declaring un-
maintained seawalls as a nuisance. [Page 43 of Ordinance]
DIVISION 18 - SIGNS
(105) Sec. 3-1803.A Prohibited Siens - Abandoned Siens. Remove last sentence that
states "Alternatively, the sign panels within the abandoned
sign structure may be removed and replaced with sign panels
of neutral color and containing no message." [Page 43 of
O,.liilzalzce]
(106) Sec. 3-1803.D Prohibited Signs - Changeable Copy. Change referenced section
from 3-l806.B.4. to 3-1806.B.5. [Page 43 ofO,.liinance]
(107) Sec. 3-1803.1 Prohibited Signs - Sandwich Boards. Added provision that
specifies that SandwichBoard signs are regulated under Section 3-
1806.B,7. [Page 44 of Ordinance]
(108) Sec. 3-l803.L Prohibited Signs- Signs on Public Land. Correct typographical
error- change "Manger" with "Manager." [Page 44 of O,.dinance]
(109) Sec. 3-1803.Z. Prohibited Signs - Billboards. Add billboards to list of prohibited
signs. [Page 44 of O,.dinance]
(110) Sec. 1804.D. General Provisions - Banners and Flags. Revise to permit banners
only as non-principal, freestanding signs and delete flags. [Page
44 of O,.liinance]
(111) Sec. 3-1804.1 General Provisions - Temporary Uses. Add cross-reference in sign
code to reference signage allowed for temporary uses in Section 3-
2103. [Page 44 of Ordinance]
(112) Sec. 3-1805.G. Signs Permitted Without a Permit - Flags. Revise to clarify when
the area of flags should be included in permitted attached!
freestanding sign area calculations (add provisions from the last
portion of 3-1804.D that was deleted) [Page 44 of Ordinance]
(113) Sec. 3-1805.K Signs Permitted Without a Permit - Directional Signs. Provide for
two directional signs per driveway, up to three feet high. Clarify
that directional signs exceeding 30" in height must be located
outside of the sight visibility triangle. [Page 45 of Ordinance]
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(114) Sec. 3-1805.8 Signs Pcnnittcd Without a Pemlit - Sign Face Change. Replace
"sign message" with "sign panels." [Page 450fOrdinllnce]
(115) Sec. 3-1806.B Penl1itted Signs Requiring Development Review - Non-Residential
Signs. Require architectural coordination for all signs and require
master sign program for shopping centers and office parks. fPage
45 of Ordinance]
(116)Sec.3-1806.B.1.a Non-residential - Freestandine Siens. Add that sign area is
measured from the road frontage which results in the greatest
square footage. [Page 45 ofOrdinallce]
(117) Sec. 3-1806.B. Non-Residential - Freestandinl! siens. Increase the minimum
l.c.iii area of free-standing signs from 10 square feet to 20 square
feet. (Added After 01-07-02 Commission Worksession) [Pages
45-46 of Ordillallce]
(118)Sec.3-1806.B.l.hN on-Residential Signs - Signs at Elevated Intersections. Permit
freestanding signs 14 feet above the crown of the road. fPage
450fOrdillal,ce]
(119) Sec. 3-1806.B.3 Non-Residential - Attached signs. Clarify calculations for attached
signage is based on the fa9ade of the building to which the sign is
to be attached. Increase the minimum area for attached signs to 20
square feet; add that signs for second story or above businesses in
the Downtown and Tourist District may be approved if they meet
all other cri teria for attached signage. Expand current provisions
for multi-use buildings to require sign changes on buildings that
have signs of a like design to be evaluated based on likeness of
existing sign types. Changes to individual signs shall be reviewed
for compliance with established theme of surrounding signage.
Add new provision that specifies projecting signage is pemlitted in
the T and D Districts as attached signs and must be 8' above
sidewalks. [Page 46 of Ordinance]
(120)Sec. 3-1806.B.5 Non-Residential - Changeable Copy. Words missing. Change to
read "provided they are located on public property and serve"
within requirements. [Page 46 of Ordinance]
(121)Sec.3-1806.B.7 Non-Residential - Sandwich board signs. Add criteria including
number, size, placement, hours permitted and compliance with
downtown design guidelines. [Pages 46-47 of Ordinance]
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(122) Sec. 3-1807.B Pennitted Signage through Comprehensive Sign Program. Strike
through entire section to reformat subsequent subsections. Add
infoffimtion from previous paragraph and add sentence that
prohibited signs in Section 3-1803 are not eligible for the
comprehensive sign program. Add another subsection requiring
that all signs are to be reviewed under a comprehensive sign
program and there may be flexibility in reviewing master sign
programs for shopping centers/office parks. Interior site
directional signs may be permitted and up to six feet in height.
[Pages 47-48 of Ordinance]
(l23)Sec.3-1807.C.1.bComprehensive Sign Program - Design Requirements. Require all
signs in a comprehensive sign program to be architecturally
integrated and coordinated. [Page 48 of Ordinance]
(l24)Sec.3-1807.C.2. Comprehensive Sign Program - Freestanding Sign. Clarify that the
maximum height of freestanding signs under a comprehensive sign
program is 14 feet, depending on the design. [Page 48 of
Ordinance]
(125) Sec. 3-1807.C.4 Comprehensive Si2n Pr02ram -Area of Si!!n Faces. Clarify that
attached signs may be up to five percent of the building fa~ade
to which they are attached and that freestanding signs shall not
exceed two times the total area of sign faces permitted under
the minimum sign standards. (Revised after 01-07-02
Commission Worksession.) [Page 48 of Ordinance]
(126) Sec.3-1807.C.5. Add that the Community Development Coordinator will consider
many criteria when determining number and location of attached
and freestanding signs, including: overall site size, frontage,
access, visibility to site, intended traffic circulation pattern,
hierarchy of signage and submittal of a master sign plan. [Page 48
of Ordinance]
Division 21. Temporary Uses
(127) Sec. 3-2103 .B.3 Portable Storage Units. Clarify that required sticker must reflect
the most recent delivery date. [Page 49 of Ordinance)
(128) Sec. 3-2103.B.3 Portable Stora2e Units. Add provision for Community
Development Coordinator to allow PODS in emergency
situation for duration of emergency repairs. [Page 49 of
Ordinance]
Bold indicates major policy issues.
15
Revised after 0 ]-07.02 Commission
Worksession & after ordinance preparation
S:IP/anning Deparlmel/l\2002 COlic AmcnamL'l/lsIRc\'isea C01l/1I/l/l/il)' DC\'l!/opmcI/I Coae Issl/es.doc
, '. r ~ \ . " . . . J r, . . . . ,'. , ,''''. ~ . . '.' . ' . . /. .' I . '.r . ,. .'.,' " f ,I .
ARTICLE 4.
DEVELOPMENT REVIEW AND OTHER
PROCEDURES
Division 2. General Procedures
(129) Sec. 4.202.A Application for Development Approval. Deleted exception allowed
for fence permit applications. [Page 49 of Ordinance)
(130) Sec. 4-202.A.7 Applications for Development Approval. Remove "and plat."
Require a signed/sealed survey showing "all current
structures/improvements" for all applications, "including fence
applications." [Page 49 of Ordinance]
(131) Sec. 4-202.A. Application for Development Approval. Add requirement that site
Il.y. . plan submittals must identify type and placement of all signage.
[Page 49 of Ordinance]
(132) Sec. 4-202.A.25 Application for Development Approval. Revise to require signed
and sealed survey for all proposed development. [Page 49 of
Ordinance]
(133) Sec. 4-206
Permitted Uses: Level One Chart. Remove "development" and
replace with "standard" on notice to adjacent property owners.
[Pages 49-50 of Ordinance]
(134)Sec. 4-206.C.2.e Public Hearings. Revise posting of sign requirements to only apply
for Level Three approvals. "For level three approvals
only.. .proposed for development." [Page 50 afOrdinance]
(135) Sec. 4-206.D.5 Public Hearings. Add provision to require that any expert witness
shall submit a resume for the record before and/or during the
public hearing. [Page 50 of Ordinance]
Division 5. Appeals
(136) Sec. 4-502.A. Application/notice of appeal. Change to applicant or property
owner within required notice area and who participated in the
Levell review. (Added after 01-07-02 Commission Worksession)
[Page 50 of Ordinance]
(137) Sec. 4-502.8. Application/notice of appeal. Add "and who participated in the
review and/or public hearing" for party status in appeal. (Added
after 01-07-02 Commission Worksession) [Page 50 of Ordinance]
Bold indicates major policy issues.
16
Revised after 01-07-02 Commission
W orkscssion & after ordinance preparation
S:\Plannillg Dcparlmcnt\2002 Co(le Al1IcndmemslRcvised Commllnity De\'elopment Code Issues. doc
, . / , '. I "".' " " ...." .
(138) Sec. 4-504.B. Community Development Board - Appeals. Clarify that if an
appeal is not removed from the consent agenda, the decision by the
Community Development Coordinator is confinncd as part of the
consent agenda, by a vote of the majority of the membcrs of the
board. (Added after 01-07-02 Commission Workscssion) [Pages
50-51 a/Ordinance}
(139) Sec. 4-505.A Hearine Officer Appeals. Revise to clarify tllat no discovery or
depositions can occur during an appeal, however, new
witnesses may be presented. [Page 51 of Ordinance]
(140) Sec. 4-505.D Hearine Officer Appeals. Revise paragraph "D" to describe
the format of the Hearing Officer's final decision. [Page 51 of
Ordinance]
Division 6. Level Three Approvals
(141) Sec. 4-602.A Zoning Atlas Amendments. Delete all but last sentence. This was
moved to Section 1-109. [Pages 51-52 a/Ordinance)
Division 7. SubdivisionslPlats
(142) Sec. 4-702 Required approvals. Remove last sentence of paragraph. [Page 52
of Ordinance]
(143) Sec. 4-708.C Recordine of Final Plat. Delete "a certificate of occupancy"
and replace with "first building permit." Change will require
plats to be recorded prior to building permit being issued.
[Page 52 of Ordinance]
Division 12. Tree Removal Permit
(144) Sec. 4~1202.A.4Removal Pennit Application. Remove this requirement as it
duplicative as the signature on a removal permit application is a
Level 1 approval and conducted at that stage. Renumber remaining
sections. [Page 52 of Ordinance]
Division 13. Land Clearing and Grubbing
(145) Sec. 4-1301
Permit Required. Remove "except when. ..redevelopment project."
Section 3-1913.A requires a permit for removal of existing
structures. [Page 52 a/Ordinance]
Bold indicates major policy issues.
17
Revised after 0 ].07-02 Commission
Worksession & after ordinance preparation
So'lPlanning Depar/ment\2001 Code Amclldlllell/sIRel'isl!d COn/mlll/il)' Del'cloplllenl Code IsslIes.doc
Division 14. Transfer of Development Rights
(146) Sec. 4-1401 Transfer of Development Rh!hts. Add to Purpose and
authority section two (2) areas for TDR: TDRs may be used in
the following situations: (1) TDR is an extension of goals and
policies of Community Redevelopment Areas, (2) in the
protection of Architecturally Significant Structures, Historic
Structures, and Environmentally Sensitive Areas. [Page 53 of
Ordinance]
(147) Sec. 4-1402 Transfer of Development Rie:hts. Add prOVIsion to require
consent of mortgage holder with application for transfer of
development rights and require sending site to meet property
maintenance standards(submitted by City Commission.) {Page
53 o/Ordillallce]
(148) Sec. 4-1403.C Transfer of Development Rit!hts. Revise subsection 1. Add
provision which requires a reasonable relationship between the
number of units transferred and any increases in building
height. Also consider compatibility with surrounding area and
viability of the project. (Submitted by City Commission)
[Pages 53-54 of Ordillallce]
(149) Sec. 4-1403.E Transfer of Development Riehts. Clarify that TDRs can only
be sent and received in a designated CRAs/CRDs or can be
used to protect historical or environmentally sensitive areas.
Also specify that TDRs sent from the mainland must remain on
the mainland and those sent on the barrier islands must
remain on the islands. These changes are consistent with the
Countywide Rules. [Page 54 of Ordinance]
ARTICLE 6. NONCONFORMING PROVISIONS
(150) Sec. 6-102.B Nonconforming Structures. Define permitted maintenance us it
relates to nonconforming structures. [Page 54 of Ordinllnce]
(151) Sec. 6~104.B Nonconforming Sign. Remove "changeable copi' from definition.
Change "non-conforming" to "nonconforming." [Page 54 of
Ordinance]
. Bold indicates major policy issues.
18
Revised after () 1-07.02 Commission
Workscssion & ufter ordinnncc preparation
S:IP/anning Departmen/12002 Code AmendmenlslRevised Community DC\'e!OPIIICII' COt!t./.UIlt'....,/(J('
ARTICLE 7.
ENFORCEMEN"r
PENAL TIES
PI{O(~EEI)INGS
AND
(J 52) Sec. 7-102.C Correction of Violation. Repeal this SCl:tioll to l:omply with State
Statutes and allow thc bonrd to rcvicw a l:ilSC and take action for
record. [Page 54 (~r OrdifulII('(' I
ARTICLE 8.
DEFINITIONS AND
CONSTRUCTION
I{ULES
OF
(153) Sec. 8-102
Accessory Structurc. Add definition "4) is detachcd from principal
structure.H [Page 55 ofO,.din(//lcc]
Lot. Comer. Revise definition of "Lol, Comer" because it is
combined with "Lot, Douhle Frontage." Separate the two and place
Lot, Double in ils own definition to correct scrivener error.JPage
550fOrdiflllflce]
Parcel of Land. Add: as determined by the Community
Development Coordinator. {Page 55 of Ordina/lce]
Repeat Violator. Add: H,.. violation of a provision of a code hY.1!
person who has been previously..." (Page 55 of Ordinance]
Sign. Add that except for banners, flags and temporary and
portable signs, all signs must be pennanently affixed to, and/or
incorporated into, the sign cabinet, building wall or other base
material. All signs must be designed to be permanent. [Page 55 of
Ordinance]
Sign. Abandoncd. Delete U or obsolete conforming" and add "sign
and/or structures" uOcr reference to any sign. [Page 56 of
Ordinance]
Sign. Arca. Add that attached signs are based on the smallest
geometric shape(s) arollnd the graphic/text. For sign cabinets it is
bused on thc entire cabinet. [Page 56 of Ordinance]
Sign. Atljt~hcd. Delcte Hlllansard roof/wallsu and add "projecting"
in the definition. I Page 56 ofOrdinllnce]
Bold indicates major policy isslIes.
19
Revised after 01-07-02 Commission
Workscssion & after ordinance preparation
S:IP[mllling f)rpm'IIII/'I/I1200} ('Ilt/c' tlIIIC'IIt[lIIc'/IUIRc'\'i.u't/ ('01/11/1""11,1' 1){'w[oP1llC'1II Code Is~"euloc
.". ~''''4; ': ...,'.' .", ." '''.-<' .'"',. . > . ~, ",,,,,
Sien. Maintenance. Estnbllsh nUlxhuum amount of
improvements thnt cnn be IIllule to nOJ1c()nf()rlllin~ signs (50fX)
of the value of the structure). If imllrovements exceed
threshold, sign structure must he replaced with conforming
sign structure. {Pa?,c 56 (~r OrdilllllwC I
..
Sign. Portable. Add definition Ill.. sign. portable as follows: Sign,
portable means a sign, which is not permanently fixed to the
ground or a structure utilizing standunl construction procedures,
and/or materials that will not deteriorate. or a sign that is
transported over or parked along or next to n public right of way.
[Page 56 ofOrdilUlII(,c]
Sign. Vchicle. Revise dcfinition to clarify that vehiclc conducting
daily busincss arc not violating code. (Added after 1/7/02
Commission Worksession) {Pages 56- 57 afOrdinance]
Temporary Uses. Clarify that tcmporary sales must be related to
principal usc salcs. [Page 57 of Ordinance]
Violator. Clarify definition of violator to Code Enforccment, quasi
- judicial or judicial process. {Page 57 of Ordinance]
(154) Sec. 8-102
Sign. Dircctional. Replncc graphic with bcttcr itlustration of
directional sign. See Exhibit B./ Page 57 of Ordinance]
(155) Sec. 8-102
Sign. Frecstanding. Replnce graphic with better illustration of
freestanding sign. See Exhibit C. [Page 57 ofOrdinallce)
Bold lndicutell ml\Jor policy issues.
20
Revised ufter 0 J -07-02 Commission
Workscssion & after ordinance preparation
S:I/'lnll"'flR /),'pt/rt"",,,,I}{)(J} COtI.. (I"If'I/(II1II'III.,I!fc'\'I.t('tl ('0"'''1111I11)' /)e'\'('lopme/l1 Cotle IsslIes.tloc
, ",'. , ' '.' . I'" ,..,.... J' , '." ,'. . . " ,t. ' .. f .: \ . . . .. i . 1:'"
ORDINANCE NO 6928-02
AN ORDINANCE OF THE CITY OF CLEAR \V A TER, FLORIDA, wlAKING
COMPREHENSIVE AwlENDMENTS TO THE COMMUNITY
DEVELOPMENT CODE; AIvlEND ING ARTICLE 1, GENERAL
PROVISIONS BY ADDING A PROVISION REGARDING ZONING
DISTRICT BOUNDARIES; AMENDING ARTICLE 2, ZONING DISTRICTS,
BY REVISING THE MINIMUrvl STANDARD DEVELOPivlENT
DIAGRAl\tlS IN ALL RESIDENTIAL ZONING DISTRICTS; AMENDING
ARTICLE 2 ZONING DISTRICTS, BY ADDING, DELETING, AND/OR
REVISING USES. DIMENSIONAL, AND/OR FLEXIBILITY CRITERIA fN
THE LO\V MEDIUM DENSITY RESIDENTIAL DISTRICT, COMMERCIAL
DISTRICT, TOURIST DISTRICT, OFFICE DISTRICT. INSTITUTIONAL
DISTRICT, INDUSTRIAL, RESEARCH, AND TECHNOLOGY DISTRICT,
AND THE COACHMAN RIDGE NEIGHBORHOOD CONSERVATION
OVERLAY DISTRICT; AM:ENDING ARTICLE 3, DEVELOPMENT
STANDARDS, BY MAKING REVISIONS TO THE DEVELOPMENT
STANDARDS WITH REGARD TO ACCESSORY USE/STRUCTURES,
DOCK/MARINAS, EROSION AND SILT A TION CONTROL, FENCES AND
WALLS, GENERAL APPLICABILITY STANDARDS, LANDSCAPING/
TREE PROTECTION, OUTDOOR LIGHTING, PARKING AND LOADING,
PROPERTY MAINTENANCE STANDARDS, SIGNS, AND TEMPORARY
USES; AMENDING ARTICLE 4, DEVELOPMENT REVIEW AND OTHER
PROCEDURES BY MAKING CHANGES TO PROCESS APPLICATIONS
FOR. DEVELOPMENT APPROVAL, APPEALS, SUBDIVISIONSIPLA TS,
TREE REivl0V AL PERMIT, LAND CLEARING AND GRUBBING, AND
TRANSFER OF DEVELOPMENT RIGHTS; AMENDING ARTICLE 6,
NONCONFORMITY PROVISIONS, BY MAKING CHANGES IN THE
NONCONFORMING STRUCTURE PROVISIONS; AMENDING ARTICLE
7, ENFORCEMENT PROCEEDINGS AND PENALTIES, BY MAKING
CHANGES IN THE MUNICIPAL CODE ENFORCEMENT
BOARD/SPECIAL MASTER HEARING PROCEDURES; AMENDING
ARTICLE 8, DEFINITIONS AND RULES OF CONSTRUCTION, BY
ADDING AND REVISING DEFINITIONS; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City of Clearwater adopted a new Community Development Code on January 21,
1999 which was effective on March 8, 1999, and
WHEREAS, since the effective date of the new Community Development Code, the City of
Clearwater has reviewed numerous development proposals in all zoning districts in all parts of the City and
which utilize Minimum Standard, Flexible Standard, and Flexible levels of review, and
WHEREAS, the City of Clearwater has conducted an in-depth review of the Community
Development Code and has identified development standards, procedures, and zoning districts which need
amendment to more fully implement the redevelopment intent of the Code; and
WHEREAS, the Community Development Board, pursuant to its responsibil ities as the Local
Planning Agency, has reviewed this amendment, conducted a public hearing and considered all public
Ordinance No. 6928"02
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
CLEARWATER, FLORIDA:
testimony and has determined that this amendment is consistent with the City of Clearwater's Comprehensive
Plan; and
WHEREAS. the City Commission has fully considered the recommendations of the Community
Development Board and testimony submitted at its public hearing; now. therefore,
Section 1. Article 1. General Provisions. Section 1-109. Zoning Atlas is hereby amended by
adding subsection 1-109. Zoning Atlas as follows:
Section 1-109. Zoning atlas.
A. The Zoning Atlas of the City of Clearwater consists of a map of the city,
published in the fonn of an atlas or book containing a title and summary
page and additional separate sheets, each covering a portion of the city.
depicting all real propertY within the city and designating the various
zoning districts and the boundaries thereof. The zoning atlas shall be in
sufficient detail so that property owners may locate their properties with
respect to the zoning district boundary lines. The zoning atlas shall be
available for inspection and examination by members of the public at all
reasonable times as any other public record. The zoning atlas is not
included herein. but such atlas is on file and available for inspection in
the Planning Department.
B. Interoretation of district boundaries. Where uncertainty exists as to the
boundaries of zoning districts as shown on the zoning atlas. the
following rules shall apply:
1. Delineation of boundaries. Zoning district boundaries are
shown as heavy lines upon the zoning atlas and are
superimposed upon lighter lines designating section lines.
fractional section lines, platted lot lines. streets. city limits and
other physically identifiable ground features or extensions of
same. unless other specific distances in feet. or other angles,
bearings. radii and other references to a boundary location are
specified.
2. Boundaries ill streets. Zoning district boundarY lines when
located in streets or other public right-of-ways shall be
interpreted as located on the centerline of such rights-of-ways.
3. Illtern/ption of boundarv lilies. Boundarv lines which are
interrupted to show street names or other identification numbers
or letters upon the official zoning atlas shall be interpreted as
extending through such identifications unless othenvise
specified.
2
Ordinance No. 6928-02
~! ",' " l . I . ,~,..,,,. ~' 'I 1 . f. .t, '. .... t+ . '.. E /, i .... ' .' . ..: f .,' ': ../IIr . .., . " t
4. Shore. seawall or hulkhead line.\'. Zonin~ district boundar\' lines
shall be construed to follow such shore, seawall or bulkhead
lines. and in the event of chnnge in the shor~. seaw~
bulkhead lines, shall be construcd as followinl!. the chang~d
shore. seawall or bulkhead line; boundaries indit:ated as
approximatelv following the center lines of streams, rivers.
canals. lakes or other bodies of watcr shall be construed to
follow such center lines.
~ BOll/ularv line unclear. When the exact location of a zoning
district boundary line is not clear, its location shall be
determined bv the Community Development Coordinator using
the following criteria in order of importance: the appropriate
ordinance as passed by the City Commission; the Future Land
Use Plan (FLUP) boundary line; and historical development
patterns.
C. Zoning of annexed oroperties. PropertY annexed to the City shall be
rezoned through the city ordinances, the zoning classification which
most closely relates to the Pinellas County zoning classification, as
determined bv the Community Development Coordinator, in effect at the
time of such annexation and the City zoning atlas referred to in Section
1-109.A shall be amended or posted accordingly.
Chart 2-100 Permitted Uses
Use Cate~ories LDR Ll\'IDR ~IDR MHDR HDR l\tlHP C T D 0 I IRT OSR P CRNCOD
Residential
Detached dwellings X X X X X X X
Attached dwellings X X X X X X
Accessory dwellings X X X X X X
Community residential X X X X X X X
homes .
Mobile home X
Mobile home park X
!Residential infill project X X X X X
tNonresidential
!Adult uses X X
lAirport X
~lcoholic beverage sales X X X
~imal grooming and X X X
boarding
Assisted living facilities X X X X
lAuto service stations X X
temeteries X
Comprehensive infill X X X X X X X
3
Ordinance No. 6928-02
,.,...... ",1 "k:', ,~I,[ ~".'\ ~. .'~~. "~' ~ ..........~..; ..'-~,l".,-,-.:..;.. .~:":"1:~., ~t~~ ',,',..,f!~'.:~ ........,' ,',,'.:.' , , .,~.'fl.':":"\"{'.""":'<~""'::":':: ._,".",'"
redevelopment project
(CIRP) ~
tongregate care X X X X
tonvention center X
Educational facilities X X X X
Governmental uses X X X X X
.t
Halfwav houses X
Hospitals X
lndoor X X X
ecreati on! en tertainmen t
Light assembly X
Limited vehicle sales/display X X
L.imited vehicle service X
Manufacturing X
Marinas X X X X X
Marinas facilities X X X :x: X
Medical clinic X X X X
Mixed use X X
Nightclubs, taverns and bars X X X X
Non-residential parking X X X X
Nursing homes X X X X
Offices X X X X X X
Off-street parking X X
Open space X
Outdoor X X X X X X
ecreationl entertainment
Outdoor retail sales, display X X
and/or storage
Overnight accommodations X X X X X X X X X
Parking garages and lots X X X X X X
Parks and recreation X X X X X X X X X X X X
facilities
Places of worship X X X X
Problematic use X
Public facility X X
Public transportation X X X X X X X X
facilities
Research and technology use X
Residential shelters X X X
Restaurants X X X X X X
Retail sales and services X X X X X X X X
!R V parks X
Salvage yard X
Schools X X X X X X X
Self-storage warehouse X X
Sidewalk vendors X X
4
Ordinance No. 6928-02
-. , . " . .,." '. '. .", ;, ,.' " '. .,. ..',
Social and community X X X X
centers
Social/public service X X X X X X
~~encies
Irelecommunications towers X X X X X
TV/radio studios X X
Uti lity/infrastructure X X X X X X X X X X X X X X
facilities
Vehicle sales/displays X X
Vehicle sales/displays, maior X
Vehicle service X
Vehicle service, maior X
Veterinary offices X X X
Who lesale/ distribu tion/ware X
house facility
Section 3. Article 2. Section 2-102 Low Density Residential District ("LDR") Minimum
standard development diagram is hereby amended by deleting "Accessory uses setback: front 20 feet"
from the diagram and revising ..accessory uses" to "accessory structures" and deleting reference to '"Det
swimming pool" and replacing it with "accessory structures."
Section 4. Article 2. General Provisions, Table 2-202 "LMDR" District Minimum Standard
Development, is hereby amended as follows:
Table 2-202. "LMDR" District Minimum Standard Development
Use Min. Min. Min. Max. Min.
Lot Size Lot Setbacks Height Off-Street
(sq. ft.) Width (ft. ) ( f1. ) Parking
(ft.)
Front Side Rear (1)
Accessory .w
pools and
screen
enc losures
Community 5,000 50 25 5 15 30 2/unit
Residential
Homes (up to
6 residents)
Detached 5,000 50 25 5 15 30 2/unit
Dwellin s
5
Ordinance No. 6928-02
. .. , . . ',' \' " ~ . \' '.r' ' , .. ~ . \, . , ' ..
Section 5. Article 2. Section 2-202 Low Medium Dcnsity Residcntial District ("LMDR")
Minimum standard development diagram is hereby amcnded by deleting "Accessory uses setback: front
20 feet" from the diagram and revising "accessory uses': to "accessory structures" and deleting reference
to "swimming pool" and replacing it with "accessory structures."
Section 6. Article 2. Section 2-302 Medium Density Residential District ("MDR") Minimum
standard development diagram is hereby amended by deleting "Accessory uses setback: front 20 feet"
from the diagram and revising "accessory uses" to "accessory structures" and deleting reference to
"swimming pool" and replacing it with "accessory structures."
Section 7. Article 2. Division 3. Medium Density Residential District. Section 2-304.A.
Assisted living facilities is hereby amended as follows and renumbering the subsequent subsections as
appropriate:
... * * *
J.. No sign of any kind is designed or located so that any portion of
the sign is more than six feet above the finished grade of the front line of the
parcel proposed for development unless such signagc is part of an approved
comprehensi';e sign program;
... * ... *
Section 8. Article 2. Section 2-402 Medium High Density Residential District ("!vlHDR")
Minimum standard development diagram is hereby amended by deleting "Accessory uses setback: front
20 feet" from the diagram and revising "accessory uses" to "accessory structures" and deleting reference
to "swimming pool" and replacing it with "accessory structures."
Section 9. Article 2. Division 4. Medium High Density Residential District ("MHDR").
Section 2-403.A. Assisted living facilities is hereby amended as follows and renumbering the subsequent
subsections as appropriate:
* ... * *
3. No sign of any kind is designed or located so that any portion of the sign is more
than six feet above the finished grade of the front line of the parcel proposed for
development unless such signage is part of an approved comprehensive sign
program;-
* * * *
Section 10. Article 2. Section 2-502 High Density Residential District ("HDR") Minimum
standard development diagram is hereby amended by deleting "Accessory uses setback: front 20 feet"
from the diagram and revising "accessory uses" to "accessory structures" and deleting reference to
"swimming pool" and replacing it with "accessory structures."
Section 11. Article 2. Division 5. High Density Residential District ("HDR"). Section 2-503.A.
Assisted living facilities is hereby amended as follows and renumbering the subsequent subsections as
appropriate:
... ... ... ...
6
Ordinance No. 6928-02
, , ,,~.t". . '. " ".!' .,.' " t' : ' j., ~ ~.. '. :' .'"
; No sie;n of (lilY kino t5-tl~~F-k:lro~e-t-I-lat-any-f*lftion or t~tg.n is more
than six feet above the-ftllis~Faoe of the-fr-eftt-Hne of the-J*lF€eI proPOSe6--feF
development unless Sl1€fl--stgnage-~s-part or un appro'le~~r~lt5ive sign
program:
* * * *
Section 12. Article 2. Section 2-602 Mobile Home Park ("MHP") Minimum standard
development diagram is hereby amended by deleting "Accessory uses setback: front 20 feet" from the
diagram and revising "accessory uses" to "accessory structures" and deleting reference to "swimming
pool" and replacing it with "accessory structures."
Section 13. Article 2. Division 7. Commercial District. Section 2-702, Table 2-702 "C" District
Minimum Development Standards, is hereby amended as follows:
Table 2-702. "C" District Minimum Development Standards
Use Min. Min. Max. Min. Min. Min. Min.
Lot Lot Height Front Side Rear Off-Street
Area Width ( ft.) ( ft.) ( ft. ) ( ft. ) Parking Spaces
(sq. ft.) (ft. )
Governmental Uses 10,000 100 25 25 10 20 4/1,000 SF GFA
en
Indoor Recreation! 10,000 100 ?- 25 10 20 5/1 000 SF
-.:>
En tertainmen t GF A or
5llane, 2/court
or lImachine
Marinas $,OOQ W ~ H W ~ 1 space per 2
~
Offices 10,000 100 25 25 10 20 4/1,000 SF GFA
Overnight 40,000 200 25 25 10 20 lIunit
Accommodations
Parks and n!a n!a 25 25 10 20 1 per 20,000 SF
recreational land area or as
facilities determined by
the Community
Development
Coordinator
based on ITE
Manual
standards
Places of Worship 40,000 200 25 25 10 20 1 per 2 seats
Restaurants 10,000 100 ?- 25 10 20 15/1,000 SF
-.:>
GFA
7
Ordinance No. 6928-02
,: , ."', . ,\ ., I" ",' <I; . ., . ' ", r ,.., .... ~ . ,I.J' , ~
Retail Sales and 10.000 100 25 25 10 -l-W 5/1.000 SF GFA
Services 20
Social and 10.000 100 25 .,- lQ ~.Q 5/\,000 SFGFA
-)
Community Centers
Vehicle 40.000 200 25 25 10 20 2.5/1.000 SF
Sales/Display LOT SALES
AREA
Section 14. Article 2. Division 7. Commercial District. Section 2-703. Table 2-703 "e" District
Flexible Standard Development Standards is hereby amended as follows:
Table 2-703. "e" District Flexible Standard Development Standard~
Use Min. Min. Max. Min. Min. Min. Min.
Lot Lot Height Front Side Rear Off-Street
Area Width ( ft. ) ( it. ) * ( it. ) ( ft. ) Parking
(sq. ft.) (ft.)
Accessory nJa nJa nJa nla nJa n/a 1 space per
Dwellings unit
Adult Uses 5,000 50 ~5 25 10 120 5 per 1,000
GFA
Alcoholic 10,000 100 25 125 10 ~O 5 per 1,000
Beverage Sales GFA
Automobile 10,000 100 ~5 ~5 10 l20 5/1,000 SF
Service Stations GFA
!Educational 40,000 ~OO 25 125 10 ~O 1 per 2
tFacilities students
1G0vernmental 10,000 100 25--50 ~5 10 l20 14 spaces per
tuses (1) 1,000 GFA
Indoor Recreation/ 10,000 100 25 25 10 ~O 3-5/1000 SF
IEntertainment bFA
lor 3- Silane,
1-2/court or
l/machine
." . ,... ... . ~ 1\1\1'\ "'\1\ 1\1\1\ W ~ ~ -H) ;W t '"\
'vvv _v'vvv · -"'f-''''"''' P'"' -
&lips
8
Ordinance No. 6928-02
- ' ....... .' . -,', ',', . -:', ,. .,' '. . ,." : -'
Medical clinics 10,000 100 25 25 \0 20 2-3/.\000
GFA
Nightclubs 10.000 100 J5 25 10 20 I () per 1.000
GFA
Offices 10.000 100 25--50 ') - ~--10 10--20 3--4 spaces
-,
per 1.000 GF A
Off Street Parking 10,000 100 n/u ')- 10 20 n/a
-,
Outdoor Retail 20,000 100 25 ?- 10 20 10 per 1,000
-,
Sales, Display of land area
and/or Storage
pvemight 120,000-40,000 150- 125--50 ~5 10--1 0 10--20 I per unit
!Accommodations aOO
tplaces of Worship 120,000-40,000 100- 25--50 a5 10 20 .5-1pcr2
(2) 200 scats
tpublic lnJa n/a 10 n/a n/a Wa Wa
h'ransportation
tFacilities (3)
!Restaurants 5,000--10,000 50--100 ? 5--35 25 0--10 10--20 7 --15 spaces
tper 1,000 GF A
Retail Sales and 3,500--10,000 35-100 25-35 25 0--10 10--20 ~--5 spaces per
Services 1,000 GFA
Social and 3.500--10.000 35-100 25-35 . ~5 0--1 0 10--20 14--5 soaces oer
~
f"ommunitv Center 1 000 GFA
Dtility hia lnIa [20 ~5 10 20 nla
, 'Infrastructure
Facilities (4)
iV ehicle ~0,000--40,000 150- - ~5 ~5 10 \20 2.5 spaces per
Sales/Displays 1200 1,000 of lot
~ area
iV eterinary Offices 10,000 100 25 ~5 10 20 4 spaces per
or Animal 1,000 GFA
Grooming and
Boarding .
Section 15. Article 2. Division 7. Commercial District. Section 2-703 is hereby amended by
deleting flexible criteria for Marina Facilities fe-lettering the subsequent subsections as appropriate:
* * * *
H. A/a~H16fdci!itics.
9
Ordinance No. 6928-02
1. The parcel proposed for development is not located in areas identi lied in
the Comprehensive Plan as areas of environmental significanc~
including:
a. The north end of Clear-...ater Beach;
lr.- Cleanvater Harbor grass beds:
c. Cooper'sPoint;
d. Cleanvater Harbor spoil islands;
e. Sand Key Park;
f. The southern edge of ,^Jligator Lake.
::!. No commercial activities other than the mooring of boats on a rental
basis shall be permitted on any parcel of land whioh is contiguous to a
parcel of land which is desi;nated as residential in the Zoning .\tlas,
unless the marina facility is totally screened from view from the
contiguous land ,vhich is designated as residential and the hours of
operation of the commercial acti':ities are limited to the time period
betv/een sunrise and sunset.
3. Lat area: The parcel proposed for development ,vas an existing lot of
less than 20,000 square feet and ,vas not in common ownership '.vith any
contiguous property on May 1, 1998 or the reduction in lot \vidth ',vill
not result in a facility which is out of scale with existing buildings in the
immediate vicinity of the parcel proposed for deyelopment.
* * * *
Section 16. Article 2. Division 7, Commercial District ("C"). Section 2-703.M. Outdoor retail
sales, display and/or storage is hereby amended as follows and renumbering the subsequent subsections
as appropriate:
* * * *
~ No sign of any kind is designed or located so that any portion of the sign is more
than six feet above the finished grade of the front line of the parcel proposed for
development unless such signage is part of an approved comprehensive sign
program;
* * * *
Section 17. Article 2. Division 7. Commercial District ("C"). Section 2-703.N. Overnight
accommodations is hereby amended as follows and renumbering the subsequent subsections as
appropriate:
* * * *
10
Ordinance No, 6928-02
"'" \,' "".' ";,. ..; _:';'.e'l-~"';,:"'~;~'''''':''' L~' ,"'
, ~'. . . . '.' . . . ,.' , . '. I, .".;1 . .
~ No si;;n of any kind is designed or located so that any portion of the sign is more
than six feet above the finished grade of the front line of the parcel proposed for
development unless such signage is part of an approved comprehensive sign
program;
* * * *
Section 18. Article 2. Division 7. Commercial District e'C"). Section 2-703.P. Restaurants is
hereby amended as follows and renumbering the subsequent subsections as appropriate:
* * '" *
~ No sign of any kind is designed or located so that any portion of the sign is more
than six. feet above the finished grade of the front line of the parcel proposed for
development unless such signage is part of an approved comprehensi';e sign
program;
* * * *
Section 19. Article 2. Division 7. Commercial District ("'C"). Section 2-703. is hereby amended
by adding Social and Community Center and renumbering the subsequent subsections as appropriate:
Q. Social and Communitv Centers.
1. The parcel proposed for development does not abut any property
designated as residential in the Zonint?: Atlas.
2. Front Setback: The reduction in front setback results in an improved
site plan or improved design and appearance.
3. Side and rear setback: The reduction in side and/or rear setback is
necessary to preserve protected trees and/or results in an improved site
plan or more efficient design and appearance and results in landscaping
in excess of the minimum required.
4. Lot size and width: The parcel prol'osed for development was an
existing lot of less than 10.000 square feet and was not in common
ownership with any contiguous property on May 1. 1998.
5. Height:
a. The increased height results in an improved site plan,
landscaping areas in excess of the minimum required or
improved design and appearance:
b. The increased height will not reduce the vertical component of
the view from any contiguous residential propertY.
1 1
Ordinance No. 6928-02
. ',.,~'~:.~ .'~.>; "",'.., I.' " ,....... ~... """, /' ~",I'I' ".',". :,\,.'~ I','.',,',. ...... ~..,.'.."..,.
6. O(f-slreel parking: The physical characteristics arc such that the likely
uses of the property will require fewer parking spaces per tloor area than
otherwise required or that the use of significant portions of the building
will be used for storage or other non-parking demand-generated
purposes.
Section 20. Article 2. Division 7. Commercial District, Section 2-703.S.Utility/infrastructure
facilities is hereby amended as follows and renumbering the subsequent subsections as appropriate:
1. No above ground structures arc located adjacent to a street right of way;
* * * *
Section 21. Article 2. Division 7. Commercial District. Section 2-704, Table 2-704 "c" District
Flexible Development Standards is hereby amended as follows:
Table 2-704. "C" District Flexible Development Standards
Use Min. Min. Max. Min. Min. Min. Min.
Lot Area Lot Front Side Rear Off-Street
(sq. [t.) Width Height (ft.) ( ft. ) ( ft. ) Parking
(ft.) ( it. )
Alcoholic beverage 5,000--10,00 50--100 25 15- - 25 0-10 10--20 5 per 1,000 GFA
sales 0
Comprehensi ve nJa n/a n/a N/a n/a n/a Determined by the
In fi 11 Community
Redevelopment Development
Project (1) Coordinator based
on the specific use
and/or ITE
Manual standards
Light assembly 5,000- 50--100 25 15- -25 0-10 10--20 4--5 spaces per
10,000 1,000 GFA
Limited vehicle 5,000- 50--100 25 15- -25 0-10 10--20 4--5 spaces per
service 10,000 1,000 GF A
Marina Facilities 5.000--20,00 50 25 25 lQ 20 1 space per 2 sli?s
0
Mixed use 5,000- 50--100 25-50 15- -25 0-10 10--20 4--5 spaces per
10,000 1,000 GFA
Nightclubs 5,000--10,00 50--100 ?- 15- -25 0-10 10- -20 10 per 1,000 GFA
-~
0
Offices 5,000--10,00 50--100 25--50 15 - -25 0-10 lO--20 3--4 spaces per
0 1,000 GFA
12
Ordinance No. 6928-02
"'.4.... . '\ '....... f" I ., "I '.',' '.', ',,: '1,.,'/,/ ,.t...~,', ~ ~ " " ,'., ',II, ,','..,. ,I. :: ,.t '........ ," ",_. ~':~
Off-street parking 10,000 100 n/a 15- - 25 0-10 10-20 n/a
Outdoor 20,000 100 25 15 - -25 10 10- -20 1--10 per 1.000
Recreation! SQ FT of land
EnteI1ainment area or as
determined by the
Community
Development
Coordinator based
on ITE Manual
standards
Overnight 20,000- 100--200 25--50 15 - -25 0-10 10--20 1 per unit
Accommodations 40,000
Problematic Uses 5,000 50 25 15 - -25 10 10- -20 5 spaces per 1,000
SF GFA
Restaurants 3500- 35--100 25--50 15 - -25 0-10 10--20 7 --15 spaces per
10,000 1,000 GFA
Retail sales and 5,000- 50--100 25--50 15 - -25 0-10 10--20 4--5 spaces per
servIces 10,000 1,000 GFA
R V Parks 40,000 200 25 15 - -25 20 10- -20 1 space per R V
space
Self Storage 20,000 100 25 15 - -25 10 10---20 1--10 per 1,000
SQFT
of land area
Social/public 5,000- 50--100 25 -- 15--25 0-10 10--20 3-4 spaces per
service agencies(2) 10,000 50 1,000 GFA
Telecommunicatio 10,000 100 Refer "r 10 20 n!a
-)
n Towers to
Sectio
n 3-
2001
Vehicle 10,000- 100-200 25 15 - -25 10 10- -20 2.5 spaces per
sales/displays 40,000 1,000 SQ FT
of lot area
Veterinary offices 5,000--10,00 50--100 25 15 - -25 0-10 10- -20 4 spaces per 1,000
or grooming and 0 GFA
boarding
Section 22. Article 2.Division 7. Commercial District. Section 2-704. Flexibility criteria is
hereby amended as follows and re-lettering the subsequent subsections as appropriate:
13
Ordinance No. 6928-02
'. .. ... .' .'
'. . '" ." ." '. to' . I .. , " I . . :
B. Marina facilities.
1. The parcel proposed for development is not located in areas identified in the
Comprehensive Plan as areas of environmental significance includin~:
a. The north end of Clearwater Beach:
b. Clearwater Harbor grass beds:
c. Cooper's Point:
d. Clearwater Harbor spoil islands;
e. Sand Key Park;
f. The southern edge of Alligator Lake.
2. No commercial activities other than the mooring of boats on a rental basis shall
be permitted on any parcel of land which is contiguous to a parcel of land which is
designated as residential in the Zoning Atlas. unless the marina facility is totally
screened from view from the contiguous land which is designated as residential and the
hours of operation of the commercial activities are limited to the time period between
sunrise and sunset.
3. Lot area: The parcel proposed for development was an existing lot of less than
20.000 square feet and was not in common ownership with any contiguous property on
May 1. 1998 or the reduction in lot width will not result in a facility which is out of scale
with existing buildings in the immediate vicinity ofthe parcel proposed for development.
4. All Marina facilities shall comply with the commercial dock requirements set
forth in Section 3-601.C.3 and the Marina and Marina facilities requirements set
forth section 3-603.
* * * *
Section 23. Article 2. Division 7. Commercial District ("C"). Section 2-704.G. Offices is
hereby amended as follows and renumbering the subsequent subsections as appropriate:
* * * *
~. No sign of any kind is designed or located so that any portion of the sign is more
than six feet above the finished grade of the front line of the purcel proposed for
de~.'elopment unless such signage is purt of an approved c0mprehensive sign
program;
* * * *
14
Ordinance No. 6928-02
. > . '. . '.. .' . " . . . . \\.. . - .
\ ' , ,".. J' ~ . ....... : ,. . I ,', ' "
Section 24. Article 2. Division 7. Commercial District ("e"). Section 2-704.J. Overnight
accommodations is hereby amended as follows and renumbering the subsequent subsections as
appropriate:
* * * *
4: No sign of any kind is designed or located so that any portion of the sign is more
than six feet above the finished !:,lTade of the front line of the parcel proposed for
development unless such signage is port of an approved comprehensive SIgn
program;
* * * *
-Section 25. Article 2. Division 7. Commercial District ("Cn). Section 2-704.K. Problematic
uses is hereby amended as follows and renumbering the subsequent subsections as appropriate:
* * * *
J.. No sign of any kind is designed or located so that any portion of the sign is more
than six feet abo'le the finished grade of the front line of the parcel proposed for
de'lelopment unless such signage is purt of an appro';ed comprehensi';e sign
program;
* * * *
Section 26. Article 2. Division 7. Commercial District ("e"). Section 2-704.L. Restaurants is
hereby amended as follows and renumbering the subsequent subsections as appropriate:
****
4: No sign of any kind is designed or located so that any portion of the sign is more
than six feet above the finished grade of the front line of the porcel proposed for
development unless such signagc is purt of an approved comprehensive sign
program;
* * * *
Section 27. Article 2. Division 8. Tourist District, Section 2-802, Table 2-802 "T" District
Flexible Standard Development Standards is hereby amended as follows:
Table 2-802. "T" District Flexible Standard Development Standards
Use Min. Min. Max. !vI in. Density Min.
Lot Lot Height Setbacks Off-Street
Area Width ( ft. ) ( it. ) Parking
(s . ft.) (ft.)
Front Side Rear
15
Ordinance No. 6928-02
Accessory Dwellings n/a n/a n/a n/a n/a nla 30 l/unit
un i ts/
acre
Alcoholic Beverage 5,000 50 35 10--15 10 20 n/a 5 per 1,000
Sales GFA
Attached Dwellings 10,000 100 35-50 10--15 10 10- 30 1.5 per unit
20 un i ts/
acre
Governmental 10,000 100 35-50 10--15 0--10 10- nla 3--4/1,000
Uses (1) 20 GFA
Indoor Recreation! 5,000 50 35- 0-15 0--10 20 nla 10 per 1,000
Entertainment 100 GFA
Marinas ~ .w ~ ~ M ~ flfa 1 space per 2
~
Medical Clinic 10,000 100 30-50 10- -15 10 20 20 2--3/1 ,000
GFA
Nightclubs 5,000 50 35 15 10 20 nla 10 per 1,000
GFA
Non-Residential Off- nJa n/a n/a 25 5 10 nla n/a
Street Parkin~
Offices 10,000 100 35-50 10--15 0--10 10- nla 3--4 spaces
20 per 1,000
GFA
Outdoor Recreation 5,000 50 35 10-15 10 20 nla 2.5 spaces per
/Entertainment 1,000 sq. ft. of
lot area or as
determined by
the
Community
Development
Director
based on ITE
manual
standards
Overnight 20,000 100--150 35-50 10-15 0--10 10- 40 1 per unit
Accommoda tions 20 rooms/
acre
Parking Garages and 20,000 100 50 15-25 10 10- n/a nla
Lots 20
16
Ordinance No. 6928-02
", . ,., :. ,~'...,~"','I. ""~I':A."" ~,:":,'~".":":"":.~
Parks and Recreation nla n/a 50 25 10 20 n/a 1 per 20,000
facilities SF land area
or as
determined by
the
Community
Development
Coordinator
based on ITE
Manual
standards
Public n/a nla 10 nla n1a nla nfa nla
Transportation
Facilities (2)
Sidewalk Vendors nla nla nla nla n1a nla nfa nla
Restaurants 5,000-- 50--100 25--35 10--15 0--10 10--20 nfa 7-15 spaces
10,000 per 1,000
GFA
Retail Sales and 5,000-- 50--100 35--50 10--15 0--10 10--20 nla 4-5 spaces
Services 10,000 per 1,000
GFA
Social and 5,000-- 50--100 35--50 10--15 0--10 10--20 nla 4-5 spaces
Communi tv Center 10,000 per 1.000
GFA
Uti lity /Infrastructure nla nla nla 25 10 10 nla nla
Facilities (3)
Section 28. Article 2. Division 8. Tourist District ("T"). Section 2-802.C. Governmental uses
is hereby amended as follows and renumbering the subsequent subsections as appropriate:
~. No sign of any kind is designed or located so that any portion of the sign is more
than six feet abo'le the finished grade of the front line of the parcel proposed for
development unless such signage is part of an approved comprehensive sign
program;
Section 29. Article 2. Division 8. Tourist District. Section 2-802. E. Marinas is hereby amended
as follows and re-Iettering the subsequent subsections as appropriate.
E. A/winGs.
1. The parcel proposed for development is not looated in areas identified in
the Comprehensive Plan as areas of environmental significance
including:
17
Ordinance No. 6928-02
a. The-north end ofClearv.ater Beach;
b. Clearwater I {arbor grass beds;
c. Cooper's Point-t
d. Clearwater Harbor spoil islands;
e. Sand Key Park;
f. The southern edge of Alligator Lake.
2. No commercial activities other than the mooring of boats on a rCRtal
basis shall be permitted on any parcel of land which is contiguous to a
parcel of land which is designated as residential in the Zoning .'\tlas,
unless the marina facility is totally screened from 'liew from the
contiguous land '.\'hich is designated as residential and the hours of
operation of the commercial activities are limited to the time period
behveen 6:00 a.m. 9:00 p.m.;
3. The design of all buildings complies with the Tourist District design
guidelines in Division 5 of Article 3.
Section 30. Article 2. Division 8. Tourist District ("T"). Section 2-802.K.Ovemight
accommodations IS hereby amended as follows and renumbering the subsequent subsections as
appropria te:
~ No sign of any kind is designed or located so that any portion of the sign
is more than six f~et above the finished grade of the front line of the
parcel proposed for development unless such signage is part of an
approved comprehensive sign program;
Section 31. Article 2. Division 8. Tourist District ("T"). Section 2-802.0.Retaurants is hereby
amended 39' follows and renumbering the subsequent subsections as appropriate:
4:- No sign of any kind is designed or located so that any portion of the sign is more
than six f~et abo':e the finished grade of the front line of the parcel proposed for
development unless such signage is part of an approved Cloinprehensi'/c sign
program;
Section 32. Article 2. Division 8. Tourist District, Section 2-802.R.l. Utility/infrastructure
facilities is hereby amended as follows and renumbering the subsequent subsection as appropriate.
~S. Utility / infrastructure facilities.
1. No above ground structures are located adjacent to a street right of way;
* * * *
18
Ordinance No. 6928-02
> '~..t "/;"".' .~:. ~:'., '; >1. ~~.,;u, _ ;.b
. . ' ,
. . ~' ., . . . J. .' ,
Section 33. Article 2. Division 8. Tourist District. Section 2-802.R. Social and Community
Centers is hereby amended by adding the following subsection and re-lettering the subsequent
subsections as appropriate:
* * * *
R. Social and Community Center.
L The parcel proposed for development does not abut any property designated as
residential in the Zoning Atlas.
L Front setback: The reduction in front setback results in an improved site plan or
improved design and appearance.
1:. Side and rear sethack: The reduction in side and/or rear setback is necessary to
preserve protected trees and/or results in an improved site plan or more efficient design
and appearance and results in landscaping in excess of the minimum required.
* * * *
Section 34. Article 2. Division 8. Tourist District ("T"). Section 2-803.A. Alcoholic beverages
is hereby amended as follows and renumbering the subsequent subsections as appropriate:
* * * *
J.. No sign of any kind is designed or located so that any portion of the sign is more
than six feet above the finished grade of the front line of the parael proposed for
de',elopment unless such signage is part of on approved comprehensive sign
program;
****
Section 35. Article 2. Division S. Tourist District. Section 2-803.E. Marina facilities is hereby
amended by adding subsection 2-803.E.5. as follows:
* * * *
5. All Marina facilities shall comply with the commercial dock requirements set forth
. in Section 3-60 I.C.3 and the Marina and Marina facilities requirements set forth
section 3-603.
* ."." *
Section 36. Article 2. Division 8. Tourist District ("T"). Section 2-S03.F. Nightclubs is hereby
amended as follows and renumbering the subsequent subsections as appropriate:
;. No sign of any kind is designed or located so that any portion of the sign is more
than six f~et above the finished grade of the front line of the parcel proposed rOf
development unless sUl:lh signage is -part of an approved comprehensive sign
prognmr,
19
Ordinance No. 6928-02
'. ~i"' J
..... 11 't . . I' ~ . I "... # .r; , .'
Section 37. Article 2. Division 8. Tourist District ("T"). Section 2-803.G. Offices is hereby
amended as follows and renumbering the subsequent subsections as appropriate:
~. No sign of any kind is designed or located so that any portion of the sign is more
than six feet above the finished ~rade of the front line of tht: parcel propesed for
development unle:;s such signage is part of an approved comprehensive sign
program;
Section 38. Article 2. Division 8. Tourist District C"T"). Section 2-803.1. Overnight
Accommodations IS hereby amended as follows and renumbering the subsequent subsections as
appropriate:
J.. No sign of any kind is designed or located so that any portion of the sign is more
than six feet above the finished grade of the front line of the parcel proposed for
development unless such signage is part of an approved comprehensive sign
program;
Section 39. Article 2. Division 8. Tourist District C"T"). Section 2-803.1. Restaurants is hereby
amended as follows and renumbering the subsequent subsections as appropriate:
4: No sign of any kind is designed or located so that any portion of the sign is more
than six feet above the finished grade of the front line of the parcel proposed for
development unless such signage is part of an appro';ed comprehensive sibTfl
program;
Section 40. Article 2. Division 9. Downtown District, Section 2-902, Table 2-902 "D" District
Flexible Standard Development Standards is hereby amended as follows:
Table 2-902. liD" Flexible Standard Development Standards
Use Max. Min.
Height Off-Street
(ft.) Parking
Accessory Dwellings n/a n/a
Alcoholic Beverage Sales 30-50 3--5 per 1,000 GF A
Attached Dwellings 30-50 1-1.5 per unit
Convention Center 30-50 5 per 1,000 GFA
.
Indoor Recreation/Entertainment 30 - 50 3 -5 per 1.000 GFA
Facilitv
Nightclubs 30-50 3~-1O per 1,000 GF A
Offices 30-50 1--3 per 1,000 GFA
20
Ordinance No. 6928-02
.
I >,. , , , ' 1 , ' .. ,. ~ ., ..."J. ~'.
Overnight Accommodations 30-50 .75--1 per unit
Parking Garages and Lots 50 nJa
Parks and recreation facilities 50 1 per 20,000 SF land area or as
determined by the Community
Development Coordinator based
on ITE Manual standards
Places of\Vorship 30-50 .5--1 per 2 seats
Public Transportation Facilities 10 nJa
Restaurants 30-50 5--15 per 1,000 GFA
Retail Sales and Service 30-50 2--4 per 1,000 GF A
Social and Community Centers 30-50 2--4 per 1.000 GF A
Sidewalk Vendors n/a n/a
Utility/Infrastructure Facilities n/a nJa
Section 41. Article 2. Division 9. Downtmvn District. Section 2-902. Flexible standard deveiopment is
hereby amended by adding the following subsection and re-Iettering the subsequent subsections as
appropriate:
E. Indoor Recreation/Entertainment Facility.
.1. The parcel proposed for development does not abut any property designated as
residential in the Zoning Atlas.
2. Front setback: The reduction in front setback results in an improved site plan or
improved design and appearance.
3. Side and rear setback: The reduction in side and/or rear setback is necessary to
preserve protected trees and/or results in an improved site plan or more efficient design
and appearance and results in landscaping in excess of the minimum required.
Section 42. Article 2. Division 9. Downtown District. Section 2-902. Flexible standard
development is hereby amended by adding the following subsection and re-Iettering the subsequent
subsections as appropriate:
O. Social and Community Centers.
.L The parcel proposed for development does not abut any property designated as
residential in the Zoning Atlas.
21
Ordinance No. 6928-02
f " . . .: .', . , , . " '. ." . ':'. \',' I <I ' '.
2. Front sethack: The reduction in front setback results in an improved site plan or
improved desi ~n and appearance.
~ Side and rear set hack: The reduction in side and/or rear setback is necessarv to
preserve protected trees and/or results in an improved site plan or more efficient design
and appearance and results in landscaping in excess of the minimum required.
Section 43. Article 2. Division 9. Downtown District, Section 2-902.0. Utility/infrastructure
facilities is hereby amended by deleting section in its entirety and re-lettering the subsequent subsections
as appropriate:
-1-: No above ground :;tructures are located adjacent to a street right of '.va)';
Section 44. Article 2. Division 9. Downtown District. Section 2-903.H. Marina and marina
facilities is hereby amended as follows:
4. All Marina facilities shall comply with the commercial dock
requirements set forth in Section 3-60I.C.3 and the Marina and Marina
facilities requirements set forth section 3-603.
Section 45. Article 2. Division 10. Office District ("0"). Section 2-I003.F. Offices is hereby
amended as follows and renumbering the subsequent subsections as appropriate:
~. No sign of any kind is desiened or located so that any portion of the sign
is more than six feet above the finished grade of the front line of the
parcel proposed for development unless such signage is part of an
approved comprehensive sign program;
Section 46. Article 2. Division 10. Office District, Section 2-1003.M. Utility/infrastructure
facilities is hereby amended as follows and renumbering the subsequent subsection as appropriate.
-1-: No above ground structures are located adjacent to a street right of '.'lay;
Section 47. Article 2. Division 10. Office District ("0"). Section 2-1003 .L. Veterinary offices
is hereby amended as follows and renumbering the subsequent subsections as appropriate:
h N. Veterinary offices.
1. All buildings are designed and located so that no building is closer than
100 feet from a parcel of land which is designated as residential in the
Zoning Atlas or is used for residential purposes;
~ No sign of any kind is designed or located so that any portion of the
sign is more than six feet above the finished grade of the front lot line
ef-the parcel proposed for development unless such signage is a part of
an approved oomprehensive sign program.
~2. The use of the parcel proposed for development will not involve direct,
exclusive access to a major arterial street.
'" "'... *
22
Ordinance No. 6928-02
Section 48. Article 2. Division 10. Office District ("0"). Section 2-1 004.C. Medical clinic is
hereby amended as follows and renumbering the subsequent subsections as appropriate:
* * * *
4. No sign of any kind is designed or located so that any portion of the sign is more
than six feet above the finished grade of the front line of the pu~roposed for
development unless such signage is part of an approved comprehensive sign
program;
* * * *
Section 49. Article 2. Division 10. Office District ("0"). Section 2-1004.E. Nursing homes is
hereby amended as follows and renumbering the subsequent subsections as appropriate:
****
3. No sign of any l~ind is designed or located so that any portion of the sign is more
than six f~et above the finished grade of the front line of the parcel proposed for
development unless such signage is part of an approved comprehensive sign
program;
* * * *
Section 50. Article 2. Division 10. Office District ("0"). Section 2-1004.F. Offices is hereby
amended as follows:
****
2. No sign of any kind is designed or located so that any portion of the sign is more
than six feet above the finished grade of the front line of the parcel proposed for development
unless such signage is part of an approved comprehensi':e sign program Side and rear setbacks:
a. . The reduction in side and rear setback does not prevent access to the rear of
any building by emergency vehicles and:
b. The reduction in side and rear setback results in an improved site plan. more
efficient parking or improved design and appearance and:
C. The reduction in side setback does not reduce the amount of landscaped area
otherwise required. unless mitigated through a comprehensive landscape
program.
* * * '"
Section 51. Article 2. Division 1 O. Office District C'O"). Section 2-1 004.H. Retail sales and
services is hereby amended as follows and renumbering the subsequent subsections as appropriate:
"'*"'*
23
Ordinance No. 6928-02
I .' . ~ , ' I " ,. , j' . .' ~ ., . " . , .' " , < .
~ No sign of any kind is desi!:,JJ1ed or located so that uny ~ion of the sign is more
than six feet above th~e-ef-the front line of the parcel prot}9Sed for
development unle~;s such signage is part of an-apf*tWed-oomprehensive sign
program;
****
Section 52. Article 2. Division 10. Office District ("0"). Section 2-1004.1. TV radio studios is
hereby amended as follows and renumbering the subsequent subsections as appropriate:
* * * *
+-: No sign of any kind is designed or located so that any portion of the sign is more
than six feet above the finished grade of the front line of the parcel proposed for
development unless such signage is part of atl--ilpj:}foved comprehensive sign
program;
****
Section 53. Article 2. Division 12. Institutional District. Section 2-1202, Table 2-1202. "I"
District Minimum Development Standards is hereby amended as follows:
Table 2-1202. "I" District Minimum Development Standards
Use Min. Min. Min. Max. Min.
Lot Lot Setbacks Off-Street
Area Width ( f1. ) Heigh Parking
(sq. ft.) (ft. ) t
(ft.)
Front Side Rear
Assisted 20,000 100 25 10 20 50 1 per 1000, SF
Living GFA
Facilities
Cemeteries 20,000 100 25 10 20 50 n/a
Congregate 20,000 100 25 10 20 50 1 per 1000, SF
Care GFA
Educational 40,000 200 25 10 20 50 1 per 2
Facilities students
Governmental 20,000 100 25 10 20 50 4 per 1,000 SF
Uses GFA
Hospitals 5 acres 250 25 25 25 50 2/bed
24
Ordinance No. 6928-02
, . . ;". :. . . " " .:. " . ~l , " , ~ I.' ., " ~ ", ", ,~, ~' "I . f , ' J' " . . . . .,' ,
~1arinus ~ -W ~ +S- ~ W -1 space per 2
sttjt5
Nursing 20,000 100 .,- 10 20 50 1 per 1000, SF
..)
Homes GFA
Places of 20,000 100 25 10 20 50 1 per 2 seats
Worship
Parks and n/a n/a 25 10 20 50 1 per 20,000
Recreation SF land area or
Facilities as determined
by the
Community
Development
Coordinator
based on ITE
Manual
standards
Schools 40,000 200 25 10 20 50 I per 3
students
Section 54. Article 2. Division 12. Institutional District. Section 2-1203, Table 2-1203. "I"
District Flexible Standard Development Standards is hereby amended as follows:
Table 2-1203. "I" District Flexible Standard Development Standards
Use Min. Min. IvIin. Max. Min.
Lot Lot Setbacks Heig Off-Street
Area Width ( ft. ) ht Parking
(sq. ft.) ( ft. ) ( ft. )
Front Side Rear
Accessory n/a nJa nla n/a n/a n/a 1/unit
Dwellings
Airport nla nJa n/a n/a n/a n/a n/a
Educational 40,000 200 15- -25 10 15- -20 50 .5--1 per 2 students
Facilities
Halfway Houses 10,000 100 15- -25 10 15- -20 30 1 per 2 residents
Hospitals 1--5 100-- 15--25 10- -25 15- -25 50 1--2/bed
acres 250
l\1arina Facilities ~ ~ 15 25 10 15 ()-W ~ 1 per 2 slips
25
Ordinance No. 6928-02
I . ~ ': " "
, . '" ... . '. ~ . , .' ' ~. .'. . \ l'.; '.,' 'f ' I 1.' ...., . ," . ' <l ; ,.' ~
Medical Clinic 20,000 100 15- -25 10 15--20 30 5/1000 SF
Outdoor 40,000 200 15- -25 10 15--20 50 1--1 01 1.000
recreation/ SF Land Area or as
Entertainment determined by the
Community
Development
Coordinator based on
ITE Manual standards
Parking Garages 20,000 100 15- -25 10 15- -20 50 nla
And Lots
Places of 20,000 100 15- -25 10 15--20 50 .5--1 per 2 seats
Worship
Public nla nla nla n/a n/a 10 nla
Transportation
Facilities
Residential 10,000 100 15- -25 10 15- -20 30 1 per 2 residents
Shelters
Retail Sales and 10,000 100 15- -25 10 15- -20 50 5 per 1,000 SF GFA
Service
Utility/ nla n/a 15- -25 10 15- -20 nla nla
Infrastructure
Facilities (1)
Assisted Living 15,000- 100 25 ~ lQ 30- 1 per 2 residents
Facilities 20,000 50
Nursing Homes 15,000 100- 25 ~ 12 30- 1/1,000 sq. ft.
150 40
Social and 20,000 100 15-25 lQ 15-20 30- 4-5 per 1 ,000 OF A
Community 40
Center
Congregate Care 20,000 100 25 5 lQ 30- 1 per 2 residents
50
Section 55. Article 2. Division 12. Institutional District. Section 2-1203.B. is hereby amended as
follows:
B. Airport. The size and dimensional requirements of the parcel proposed for development shall
be based on an aviation study. All development activity identified in the 1999 Airport Master Plan study
2.s short-term development proiects shall be processed as Flexible Standard Development projects, and all
mid-term development proiects shall be processed as Flexible Development proiects. All development
proiects at the City's Airpark must be consistent with the 1999 Master Plan.
Section 56. Article 2. Division 12. Institutional District. Section 2-1203. Marina and marina
facilities is hereby amended by deleting Marinas and marina facilities and re-lettering as appropriate:
." * ." ."
F. X!ari118s tlnd marinafacUities.
26
Ordinance No. 6928-02
, " ,. .' , '. . I l "
-h
The parcel propesed for development is not located in areas identified in
the Comprehensive Plan as areas of environmental signifioance
including:
a.
The north end of Cleaf\vater Bench;
b.
Clearwater Harbor grass bed5t
c.
d.
Cleaf\vater Harbor spoil islands;
e.
Sand Key Park;
f.
The southern edge of Alligator Lake.
2. No commercial activities other than the mooring of boats on a rental basis shall
be permitted on any parcel of land '.vhich is contiguous to a parcel of land \vhich
is designated as residential in the Zoning Atlas, unless the marina facility is
totally ~creened from view from the contiguous land which is designated as
residential and the hours of operation of the commercial acti\'ities are limited to
the time period between sunrise and sunset;
3. Setbacks:
a. The reduction in front setback contributes to a more active and dynamic
street life;
b. The reduction in front setbaok results In an improved site plan or
improved design and appearance;
O. Side and rear setback: The reduction in side and/or rear setback does
not prevent access to t rear of any building by emergency vehioles; The
reduction in side and/or rear setback results in an improved site plan,
more efficient parking or improved design and appearance.
1. The use of the parcel proposed for development V/ill not involve direct access to
an arterial street.
* * * *
Section 57. Article 2. Division 12. Institutional District. Section 2-1203, is hereby amended by
adding flexibility criteria for the following uses as follows:
N. Assisted living facilities. .
1. The buildings in which the facilities are to be located do not have a flat roof:
2. Off-street parking is screened from adjacent parcels of land and any adjacent
street by a landscaped wall or fence of at least four feet in height:
27
Ordinance No. 6928-02
" ' : . I; " . ~ . :.' .":': .
. . . ,'.. " . . ' \'.;'," '. . 4 . '\. . . ::, . .' . {'. '. v. ' 1. .' I ~'I. . .. ' . n. . . ,'. '..., ,
3. All outdoor lighting is designed and located so that no light fixtures cast light
directly on to adiacent land used for residential purposes;
4. All waste disposal containers which serve the proposed use are located within a
landscaped enclosed structure;
5. The parcel proposed for development is not located in a designated
Neighborhood Conservation District, or if the parcel is within the boundaries of
a designated Neighborhood Conservation District. the lot area, lot width and
setbacks are not less than 90 percent of the average lot area, lot width and
setbacks of all improved parcels of land which are located within the
Neighborhood Conservation Immediate Vicinity Area and the height does not
exceed 120 percent of the average height of buildings and structures located
within the Neighborhood Conservation Immediate Vicinity Area.
O. Nursing homes
1. Off-street parking is screened from adiacent parcels of land and any adiacent
street by a landscaped wall or fence of at least four feet in height:
2. All waste disposal containers which serve the proposed use are located within a
landscaped enclosed structure.
P. Social and Community Centers
1. The parcel proposed for development does not abut any property designated as
residential in the Zoning Atlas:
2. Front setback: The reduction in front setback results in an improved site plan or
improved design and appearance:
3. Side and rear setback; The reduction in side and/or rear setback is necessarv to
preserve protected trees and/or results in an improved site plan or more efficient
design and appearance and results in landscaping in excess of the minimum
required.
Q. Congregate care.
1. The buildings in which the use is to be located do not have a flat roof:
2. Off-street parking is screened from adiacent parcels of land and anv adiacent
street bv a landscaped wall or fence of at least four feet in height:
3. All outdoor lighting is designed and located so that light fixtures do not cast light
directly on to adiacent land used for residential purposes:
4. All waste disposal containers which serve the proposed llse are located within a
landscaped enclosed structure.
28
Ordinance No. 6928-02
~, .:' ' :' ~ ' ..." Q I .; ,,' '. ,'.. f ~ ' '\. '. '.... " . .: _' " '.. "':.
Section 58. Article 2. Division 12. Institutional District, Section 2-120J.N. Utility/infrastructure
facilities is hereby amended as follows and renumbering the subsequent subsection as appropriate.
****
-h No above ground ::;tructure::; are located adjacent to u ::;treet right of way;
Section 59. Article 2 Division 12. Institutional District. Section 1204. Table 2-1204 "I" District
Flexible Development is hereby amended as follows:
Table 2-1204. "I" District Flexible Development
Use Min. Min. t\1in. Max. Min.
Lot Lot Setbacks Height Off-Street
Area Width ( ft. ) ( [1. ) Parking
( SQ. ft.) ( [1. )
Front Side Rear
Comprehensive nJa n/a nJa nJa nla nJa Determined by
In fi 11 the
Redevelopment Community
Project (1) Development
Director based
on the specific
use and/or ITE
Manual
standards
Marina and Marina 5.000 50 15- -25 1 0--15 0--20 30 1 per 2 slips
Facilities
Social and 20,000 100 15- -25 10 15- -20 30 4- -5 per 1000
community centers GFA
Social/public 10,000 - 100 15- -25 10 15- -20 30 2 - -3 per
service aeencies 20,000 1,000 GFA
Telecommunication 10,000 100 25 10 20 Refer to n/a
Towers Section
3-200 I
Section 60. Article 2. Division 12. Institution District. Section 2-1204. Flexibility criteria is
hereby amended as follows and re-lettering as appropriate:
* * * *
E. Marinas and marina facilities.
29
Ordinance No. 6928-02
" ,,'
~,
. " t ", '. - . I. '." , .. ." . I, ' . J. . . ' ' .' . , ' I"
1.
The parcel proposed for development is not located in areas identified in
the Comprehensive Plan as areas of environmental significance
including:
a.
The north end of Clearwater Beach:
b.
Clearwater Harbor grass beds:
c.
Cooper's Point:
d.
Clearwater Harbor spoil islands:
e.
Sand Key Park:
f.
The southern edge of Alligator Lake.
2. No commercial activities other than the mooring of boats on a rental basis shall
be permitted on any parcel of land which is contiguous to a parcel of land which
is designated as residential in the Zoning Atlas. unless the marina facility is
totally screened from view from the contiguous land which is. designated as
residential and the hours of operation of the commercial activities are limited to
the time period between sunrise and sunset:
3. Setbacks:
a. The reduction in front setback contributes to a more active and dynamic
street life:
b. The reduction in front setback results In an improved site plan or
improved design and appearance:
c. Side and rear setback: The reduction in side and/or rear setback does
not prevent access to t rear of any building by emergency vehicles: The
reduction in side and/or rear setback results in an improved site plan.
more efficient parking or improved design and appearance.
4. The use of the parcel proposed for development will not involve direct access to
an arterial street.
5. All Marina facilities shall comply with the commercial dock requirements set
forth in Section 3-601.C.3 and the Marina and Marina facilities requirements set
forth section 3-603.
* * * *
Section 61. Article 2. Division 13. Industrial, Research, and Technology District. Section 2-
1303, is hereby amended as follows:
30
Ordinance No. 6928-02
, , ~. >' . t' " ,'}, ' >' : '. . 1 . ,~ , , "~ ,-.' 10" 1:,l,,','~ J' .'. ,'" f "', '. , "l~' ,
Table 2-1303. "IRT" District Flexible Standard Development
Uses Min. Min. Min. Max. Min.
Lot Lot Setbacks Height Off-Street
Area \Vidth (n.) (ft.) Parking
(SQ. ft.) (ft. )
Front * Sidel
Rear
Automobile 20.000 100 20 15 30 4/1 000 SF GF A
Service Stations
Major Vehicle 20,000 100 20 15 30 4/1000 SF GF A
Service
rvlanufacturing 10,000 100 20 15 50 1.5/1,000 SF
GFA
Offices 20,000 200 20 15 50 3/1,000 SF GFA
Outdoor 40,000 200 20 15 30 1--10/1,000
Recreation SF Land Area or
/En tertainmen t as determined by
the Community
Development
Coordinator
based on ITE
Manual
standards
Outdoor Storage accessory nla 20 15 30 Accessory
Parking lots 10,000 100 20 15 n/a n/a
Public Facilities 10,000 100 20 15 50 1-2 per 1,000
GFA
Public n/a nla n/a n/a 10 n/a
Transportation
Facilities (1)
Research and 10,000 100 20 15 50 2/1,000 SF GF A
Technology
Residential 5,000 50 20 15 30 3/1,000 SF GF A
Shelters (2)
Retail Sales and nla n/a N/a n/a nla n/a
Services
Restaurants nla n/a N/a n/a nla n/a
Self Storage 10,000 100 20 15 50 2/1000 SF
TV/Radio 10,000 100 20 15 50 4/1000 SF GFA
Studios
31
Ordinance No. 6928-02
. '. " . '. '. . , "". . .. j" .. - . . .' . I .... .',
Utilityl n/n n/a 20 15 n/a n/a
In frastructure
Facilities (3)
Vehicle 40,000 200 20 15 30 \'5/1,000
Sales/Displays SF Lot Area Lot
and Major Sales Area
V chicle
Sales/Displays
(4)
Vehicle Service 10,000 100 20 15 50 1.5/1,000 SF
GFA
Veterinary 10,000 100 20 15 30 5/1,000 SF GFA
Offices- or
Animal
Grooming
Wholesale/ 10,000 100 20 15 50 1.5/1,000 SF
Distribution! GFA
Warehouse
facility
Section 62. Article 2. Division 13. Industrial, Research and Technology District, Section 2-
1303.P. Utility/infrastructure facilities is hereby amended by deleting subsection as follows and re-
lettering the subsequent subsection as appropriate.
-l-: No abo'Ve ground structures are located adjacent to a street right of way;
Section 63. Article 2. Division 16. Coachman Ridge Neighborhood Conservation Overlay
District. Section 2-1601, Table 2-1601 (D) "CRNCOD" Minimum Development is hereby amended as
follows:
Table 2-1601(D). "CRNCOD" Minimum Development
Use
Min. Lot
Area
(sq. ft.)
AU1l. Lot
Width (ft.)
NEill. Setbacks (ft.)
Max.
Height
(ft.)
!vlin. Off-
Street
Parking
From Side
Rear Corner
Side
Yard (1)
32
Ordinance No. 6928-02
;..,i....t "
. f~'" ':. ,. .... .
," .". : . . 1 " ." . 'J' ~ _' ,........ ',' : , . ...' ". '.' -.
Property
with
underlying
=oning of
LDR:
Community 30,000 +00 ~ lj ~ ~ W ~
Residential attached
Homes (6 or garage pef
feu 'er dwelling
".
residents)
Detached 30,000 100 25 15 25 25 30 2 car
Dwellings attached
ill garage per
dwelling
Property
with
underlying
zoning of
LMDR:
Community 9,000 8G ~ '+ .w ;W w ~
Residential attached
Homes (6 or garage per
fewer dwelling
residents)
2 car
Detached 9,000 80 25 7 10 20 30 attached
Dwellings garage per
ill dwelling
(1) A comer side yard is the side yard of a comer lot that abuts a public right-of-way.
(2) Community Residential Homes (6 or fewer residents) shall be considered a detached
dwelling.
Section 64. Article 3. Division 2. Development Standards. Section 3-201.8.4. is hereby amended
as follows:
4. The accessory use and structure is located on the same property as the principal
use and located behind the front edge of the principal structure.
Section 65. Article 3. Division 2. Development Standards. Section 3-201.B.1O. is hereby added
as follows and renumbering the subsequent subsections as appropriate:
* * * *
33
Ordinance No. 6928-02
'. ' , ", . , ' , J t., . I .".',' :\, " ',I', '
10. In-ground pools that arc 12 inches or less above grade shall be classi tied as an
accessorv structure. In-ground pools that are greater than 12 inches or more
above grade shall be classilied as a principal structure.
Section 66. Article 3. Division 6. DO<.:k/Marina Standards. Section 3-60I.C.I.a. IS hereby
amended as follows:
a. Setbacks. A dock shall be located in the center one-third of the lot or twenty
(20) feet from any property 1 ine as extended into the water, whichever is less,
unless the dock is proposed to be shnred by adjoining properties whereupon the
dock may be constructed on the common property line provided that all other
standards of this division are met. Bontlifts and service catwalks shall be a
minimum of ten (10) feet from any property line extended into the water. Tie
poles shall be setback a minimum of one (1) foot from any extended property
line. Single pile davits and personal watercraft lifts are exempt from these
setback requirements provided they are contained entirely within the extended
property lines. All watercraft must be contained entirely within the extended
propertv lines.
Section 67. Article 3. Division 6. Dock/Marina Standards. Section 3-601.C.2. Multi-Use Docks.
is hereby amended as follows:
2. Multi-Use Docks. A multi-use dock, which is any dock owned in common or
used by the residents of a multi-family development, condominium, cooperative
apartment, mobile home park or attached zero lot line development shall be
permitted as a Level One (minimum standard) use provided such dock is less
than 500 square feet in deck area and complies with the dimensional standards
set forth in Section 3-601 (C)(3)(h). Deviations to the dimensional standards for
multi-use docks may be reviewed and approved in accordance with Section 3-
602.C.1.g.
Section 68. Article 3. Division 7. Erosion and Siltation Control. Section 3-702.B. is hereby
amended as follows:
B. Stabili:ation of denuded areas. No disturbed area may be left denuded, and
every disturbed area must be covered by mulches such as straw, hay, filter fabric,
seed and mulch, sod or other approved material to the extent necessary to cover
otherwise denuded areas unless Community Development Coordinator
determines that the circumstances do not require such covering. \Vithin eo 30
days after the final grade is established on any portion of a project site, that
portion of the site shall be provided with established permanent soil stabilization
measures according to the original constnJction plan, whether by impervious
surface or landscaping.
34
Ordinance No. 6928-02
. ' . \. . . ,". . w', " I - to' ,
\, ,!, ,." . t" . i \ \-" I' : ," . '
Section 69. Article 3. Division 8. Fences and \Valls. Section 3-S04.t\. is hereby amended as
follows:
A. Frollt setback. \Valls and fences located in a front ~tbaek of a principal
structure shall be permitted to a maximum height of thirty-six (36) inches with
the following exceptions:
* * * *
Section 70. Article 3. Division 8. Fences and Walls. Section 3-804.8. is hereby amended as
follows:
* * * *
8. Side and rear setback areas. Fences and walls shall be permitted to a maximum
height of six (6) feet in the required side and reor setbacl(s between the principal
structure and any side or rear lot line. Such fences may be permitted up to eight
(8) feet in height, however, if located in the Industrial, Research, and
Technology District (HIRT").
* * * *
Section 71. Article 3. Division 8. Fences and \Valls. Section 3-805. Chainlink fences is hereby
amended by adding provision to prohibit chainlink fences in the DO\VTltown District and re-lettering the
subsequent subsections as appropriate:
Section 3-805. Chainlink fences.
The following requirements shall apply to chain link fences.
A. Chainlink fences are prohibited within the DowntmVTl District.
A B Front setback. Chainlink fences shall not be permitted in the front yard setback
area. Chainlink fences shall only be located on a parcel to the rear of the front
building line of the principal building, unless permitted pursuant to Section 3-
802(E) above.
&c. Side and rear setbacks. Chainlink fences located in a side or rear yard shall not
exceed forty-eight (48) inches or six (6) feet if clad with green or black vinyl. If
such side or rear yard is adjacent to a public right-of-way, however, such
chainlink fence shall not be permitted.
GD. Landscaping requirements. Chainlink fences which are not otherwise required
to be landscaped by Article 3 Division 12 shall be landscaped with a continuous
hedge or a nondeciduous robust growing vine at frequent intervals. Such
landscaping may be located on the external or internal side of the fence along the
entire length of the fence.
35
Ordinance No. 6928-02
, " ' ,." '. '. ' , " . . I' .. .,' .' ?", \ ,',',."" J.," . \ ' . I '." .
l*E. Public or private recreatiof1al j{lcilities. Chainl ink t~nces for public or private
tennis courts, golf courses and driving ranges, athletic fields, play courts, batting
cages and other similar uses are exempt from height regulations contained in this
section and the location restriction of 3-805f-A-) (ill above.
* * * *
Section 72. Article 3. Division 9. General Applicability Standards. Section 3-902.
Comprehensive plan densities/intensities is hereby amended by adding the following subsection:
D. When calculating the lot area and/or density/intensity of a property. the total of
either number shall not be rounded up to the next whole number.
Section 73. Article 3. Division 9. General Applicability Standards. Section 3-904. Sight
visibility triangle is hereby amended by deleting sight triangle (arterials and collectors) diagram, and
deleting street and driveway title name on diagram. Deleting 10' from pavement edge or roadway (ifno
sidewalk). Deleting 5' from back of sidewalk, and renaming right-of-way and driveways and inserting
new diagram that requires a 20 feet setback from the edge of the property line pursuant to Exhibit A.
Section 74. Article 3. Division 9. General Applicability Standards. Section 3-908. Permitted
encroachments into setbacks and over street rights-of-ways is hereby amended by adding subsection E as
follows:
* * * *
E. Roof overhangs shall be permitted to extend into required structural setbacks not
more than 30 inches.
Section 75. Article 3. Division 9. General Applicability Standards. Section 3-912. Outdoor
displays/storage is hereby amended as follows:
Section 3-912. Outdoor display/storage.
Unless otherwise expressly permitted in the zoning district in which the property
is located, the outdoor display and storage of goods and materials is prohibited.
.^Jl goods and materials shull be stored in a manner that is not visible from the
public right of way or from adjacent properties.
Section 76. Article 3. Division 9. General Applicability Standards. Section 3-915.C. Uses
involving vehicles is hereby amended as follows:
* * * *
C. No repair of any vehicle is pennitted in any residential zoning district unless
such repair is either confined within a completely enclosed building and limited
to vehicle service involving vehicles owned by a person who resides at that
residence, however, minor vehicle repairs are permitted anywhere on the
36
Ordinance No. 6928-02
* * * *
property. Under no circumstance shall such repair be conducted as a commercial
activity.
Section 77. Article 3. Division 9. General Applicability Standards. Section 3-916. Vending
machines is hereby amended as follows:
C. No more than t\\/O (2) vending machines, per development site, shall be
permitted on properties outside of the buildin~ serving a principal use. Signage
allowed on vending machines shall be limited to 35 percent of the front face of
the vending machine, excluding the selection choices. The remaining front face
of the vending machine shall be of a similar color as the signage. No signage
shall be allowed other than on the front of the vending machine.
Section 78. Article 3. Division 12. Landscaping/Tree Protection. Section 3-1202.B.1. Minimum
plant material standards is hereby amended as follows:
1. Minimum plant material standards:
PLANT SIZE QUALITY OTHER
(at installation) REQUIREMENTS
Shade Tree ~' 10' height Florida a. Use of live oak (City tree) is
4!!. 2.5" caliper Grade # 1 encouraged, however species
diversity is preferred over
monoculture.
b.Must be planted a minimum of
fi ve feet from any impervious
area.
c. At least ten percent of the total
number of trees shall be of a
species which exhibits
conspicuous flowering.
Accent Tree 8' height Florida 2 accent trees = 1 shade tree;
2" caliper Grade # 1 unless overhead lines are
unavoidable; no more than 25% of
required trees may be accent trees.
37
Ordinance No. 6928~02
" ' . ,_, H .... I, ;. " I I I,.. ' . - ,'- " . ~,~ ,i'"
Palm Tree 1 0' clear and straight trunk. Florida Can be used to satisfy 75% of tree
Grade # 1 requirements on Beach. Sand Key
& Island Estates, 25% elsewhere
in the City. Staggered clusters of 3
palm trees ~ 1 shade tree, except
for specimen palm trees such as:
phoenix canariensis (canary island
date palm), phoenix dactylifera
(edible date palm) and phoenix
reclinata (senegal date palm),
which count as shade trees on a
1: 1 ratio.
Shrubs A.) 18-24" in height when used Florida
in a perimeter buffer - planted Grade # 1 Use of Hibiscus (City flower) is
every 36", (measured from the encouraged for non-required
center of the shrub) providing a landscape plantings, especially for
100% continuous hedge which accent marking at entrances and
will be 36", high and 80% other points of high visibility.
opaque 12 months from the time
a certificate of occupancy is
received (excluding drives and
visibility triangles where
applicable)
B.) 14-24" in height when used
for interior - planted every 30"-
36", respectively (measured
from the center of the shrub)
wi th a 3 allon minimum
Ground Cover 1 gallon minimum - planted a Florida Encouraged in lieu of turf to
maximum of24" a.c. Grade # 1 reduce irrigation needs.
Turf N/A Drought Turf areas should be consolidated
tolerant and limited to areas of pedestrian
varieties traffic, recreation and erosion
control.
Section 79. Article 3. Division 12. Landscaping/Tree Protection. Section 3-1202.C. Irrigation is
hereby amended as follows:
1. For multifamily and nonresidential properties an automatic permanent irrigation
system providing complete water coverage for all required and other landscaping
materials shall be provided and maintained as a fully functioning system in order
to preserve the landscaping in a healthy growing condition.
38
Ordinance No. 6928-02
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Section 80. Article 3. Division 12. Landscaping/Tree Protection. Section 3-1204.0. is hereby
amended as follows:
D. All landscaping required by this di vision must be protected from vehicular and
pedestrian traffic by the installation of concrete curbing, and wheel stops. or
other protective devices along the perimeter of any landscaping which adjoins
vehicular use areas or sidewalks. These protective devices shall have a minimum
height of six inches above grade.
Section 81. Article 3. Division 12. Landscaping/Tree Protection. Section 3-l205.B.2. Tree
Protection is hereby amended as follows:
a. The condition and location of the protected tree or palm with respect to species.
tree structure. competition. disease, insect attack. danger of falling, proximity to
existing or proposed structures and interference with utility services.
Section 82. Article 3. Division 12. Landscaping/Tree Protection. Section 3-1205.D. Tree
Protection is hereby is amended as follows:
3. When the Community Development Coordinator detennines that there is not
sufficient space available to replace the equivalent of all protected trees on-site
in accordance with these requirements. the remaining DBH deficit shall be met
by paying a fee of $48.00 per inch of DBH to the tree bank. The Community
Development Coordinator may detennine that certain protected trees are not
required to be replaced based on certain criteria. including but not limited to.
species. health. hazards. or other conditions.
Section 83. Article 3. Division 12. Landscaping/Tree Protection. Section 3-l205.D.5. Tree
Protection is hereby is amended as follows:
g. Waiver of replacement trees' specifications. The city manager Community
Development Director may waive the characteristics, or species, or size of the
replacement trees only if the applicant for development approval demonstrates to
the city manager Community Development Coordinator that such size is not
readily available in the market area and that the proposed landscaping treatment
with replacement trees is equal to or superior to the landscaping which would
have been provided with the larger trees.
Section 84. Article 3. Division 12. Landscaping/Tree Protection. Section 3-1205.D.5. Tree
Protection is hereby is amended by adding subsection h as follows:
h. Waiver of Revlacement Re(/Uirements for Public Utilities Projects. The
Community Development Coordinator may exempt the city from the tree
replacement requirements solely for public utilities proiects.
Section 85. Article 3. Division 12. Landscaping/Tree Protection. Section 3-1205. Tree
Protection is hereby amended by adding subsection G as follows:
G. Protection or tree tl1mb. It shall be unlawful to use tree spikes or other devices that
damage tree trunk tissue of protected trees.
39
Ordinance No. 6928-02
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Section 86. Article 3. Division 13. Outdoor Lighting. Section 3-1302. is hereby amendl:d as
follows:
Section 3-1302. Site lighting.
All outdoor lighting, other than outdoor recreational facility and street lighting, shall
comply with the following requirements:
A. Fixture-type. All light fixtures which are visible trom the boundaries of the
parcel proposed for development of land, other than fixtures which are designed
and installed to illuminate a wall and are directed away from adjacent properties,
shall be cut-off lights where direct illumination is cut-off above 40 degrees
below horizontal.
B. Location. All outdoor light fixtures shall be located so that objects or land which
are located beyond the boundaries of the parcel proposed for development parcel
of land are not illuminated to an extent of producing more than a diffuse shadow.
* * * *
Section 87. Article 3. Division 14. Parking and Loading. Section 3-1401. Parking is hereby
amended by adding subsection C. as follows:
C. Parking Demand Studv.
1. Prior to the preparation of a parking demand study, the methodology shall be
approved by the Community Development Coordinator and in accordance with
accepted traffic engineering principles. The findin~s of such a study wiII be used
in determinin~ whether or not deviations to the parking standards are approved.
Section 88. Article 3. Division 14. Parking and Loading. Section 3-I403.A. is hereby amended
as follows:
A. Permanent surface. Except as otherwise permitted in subsection (B) of this
section, all unenclosed parking lots, spaces. vehicular accessways and driveways
shall be improved with a permanent all-weather paving material which is graded
to drain stormwater.
Section 89. Article 3. Division 14. Parking and Loading. Section 3-I403.B.1. Grass surface is
hereby amended as follows:
1. No parking, displaying, or storing of motor vehicles shall be permitted on any grass
or other unpaved area~l1ed for any multiple family or nonresidential use unless
specifically authorized in this section.
Section 90. Article 3. Division 14. Parking and Loading. Section 3-1407.A.l.d. Parking
restrictions in residential areas is hereby amended by deleting subsection and re-Iettering the subsequent
subsections as appropriate:
d. .^..ny semi tractor trailer truck or cab;
40
Ordinance No. 6928-02
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Section 91. Article 3. Division 14. Parking and Loading. Section 3-1407.A.2. Parking
restrictions in residential areas is hereby amended as follows:
* * * *
2. Withi:: setback a:'ell from t.~c street right of way. Between orincipal structure
and right-of:wav. The following vehicles shall not be parked or stored, in whole
or in part. within any required setback area from a street right of \vay between
anv portion of the principal structure and any right-of-way line in a residential
zoning district:
* * * *
Section 92. Article 3. Division 14. Parking and Loading. Section 3-1407 A.2.d. Parking
restrictions in residential areas is hereby amended by deleting subsection and re-lettering the subsequent
. subsections as appropriate:
d. :\n)' semi tractor trailer truck or cab;
Section 93. Article 3. Division 14. Parking and Loading. Section 3-1407.AA. Parking
restrictions in residential areas is hereby amended as follows:
4. Exception to Prohibition of Parking on Unpaved Areas. One designated parking
space may be located on the grass in a required front setback adjacent to and
parallel to the driveway located on the property. Access to such designated
parking space shall be by way of the property's driveway. If the designated
parking space can not be maintained as a landscaped area and is either reported
by neighboring residents as a detrimental property or is identified by any code
inspector as is violation of this provision, such designated parking area shall be
filled in, by the property owner, with pavers, concrete, turf block, or other
approved suitable parking material.
. Section 94. Article 3. Division 14. Parking and Loading. Section 3-1407.A. Parking restrictions
in residential areas is hereby amended by adding subsection 3-1407.A.5. as follows:
5. Parking on Unpaved Area Prohibited. No parking. displaying. or storing of
vehicles. trailers and/or boats shall be permitted on any grass surface or other
unpaved area zoned for any use unless specifically authorized in this section.
Section 95. Article 3. Division 14. Parking and Loading. Section 3-l407.B.2 Parking restrictions
in residential areas is hereby amended as follows:
2. Loading, unloading, or cleaning of vehicles, but not including semitrailer trucks
or cabs, provided such activity is fully completed within s* twenty-four hours
and provided such activity does not occur at the same location more than two
times per month.
Section 96. Article 3. Division 15. Property Maintenance Standards. Section 3-1502.C.3.
Property maintenance requirements is amended as follows:
41
Ordinance No. 6928-02
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3. Ground level stere~mt windows facing a publ ic right-of-way shall be
maintained in an unbroken. and clean state. No window facing the public right-
of-way shall be permanently removed and enclosed, covered or boarded up
unless treated as an integral part of the building facade using wall materials and
window detailing comparable with any upper floors and the building facade in
general. All damaged or broken storefront windows shall be promptly restored,
repaired or replaced. All awnings or canopies facing or visible from the public
right-of-way shall be maintained in a good and attractive condition and torn,
loose and/or bleached awnings shall be promptly replaced, repaired or removed.
Section 97. Article 3. Division 15. Property Maintenance Standards. Section 3-1502.G.1.
Property maintenance requirements is amended as follows:
1. As provided in section 3-912 of this development code, outdoor storage is
prohibited nor may goods and materials be stored in uny manner which is visible
from the public right of ';"'uy or from abutting properties.
Section 98. Article 3. Division 15. Property'Maintenance Standards. Section 3-1502.G.3.
Exterior storage and display for residential properties is amended as follows:
3. Construction materials, unless such materials are related to an active building
permit related to the property on which the materials are located, may shall not
be stored outdoors on a residentially zoned property.
. Section 99. Article 3. Division 15. Property Maintenance Standards. Section 3-1502.KA. Public
rights-of-way and sidewalks and parking surfaces is amended as follows:
4. Parking lot and. driveway surfaces shall be maintained in a safe and clean
condition by the owner of the parcel of land. The owner shall, at a minimum,
keep such surface free of pot holes, litter, trash, debris, equipment, weeds, dead
vegetation and refuse and shall promptly repair cracked or heaved parking lot
surfaces.
Section 100. Article 3. Division 15. Property Maintenance Standards. Section 3-1502. Property
maintenance requirements is amended by adding subsection 1. as follows:
1. Maintenance of seawalls.
1.:. All seawalls shall be maintained in a structurally sound and safe condition
that is free of cracks and spalling.
Section 101. Article 3. Division 15. Property Maintenance Standards. Section 3-1503.B.5. is
hereby amended as follows:
5. Any accumulation of weeds, debris, trash, garden trash, junk, untended growth
of vegetation, or undergrowth of dead or living vegetation or untended and/or
unfenced s,.vimrning pools hazardous swimmin~ ?ool~, or hazardous trees upon
any property to the extent and manner that such property contains or is likely to
contain rodents, reptiles or other vermin, or furnishes a breeding place for flies,
42
Ordinance No. 6928-02
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mosquitoes. or wood-destroying insects, or otherwise threatens the public health,
safety or welfare.
Section 102. Article 3. Division 15. Property Maintenance Standards. Section 3-1503.8.8. is
hereby amended as follows:
8. The lack of maintenance by a property owner of property abutting any dedicated
right-of-way in the City in a condition such that weeds or trash weeds. shrubs.
vegetation. trash. or anv other obstructions arc found in and on the right-of-way
or such that the weeds or trash weeds. shrubs. vegetation. trash. or any other
accumulation extend over the sidewalk. bicycle path, curbline or edge of
pavement of an improved right-of-way by more than four inches (4").
Section 103. Article 3. Division 15. Property Maintenance Standards. Section 3-1503.B.I0. is
hereby amended as follows:
10. The lack of maihtenance by a property owner abutting any dedicated right-of-
way or easement in the City where a height clearance of less than eight feet (8')
from the sidewalk pavement measured vertically from the pavement surface is
maintained, unless an exception has been granted by the Urban Forester.
Section 104. Article 3. Division 15. Property Maintenance Standards. Section 3-1503.B.
Nuisances is hereby amended by adding subsection 3-1503.B.13. Seawalls as follows:
13. Seawalls. Any seawall that is structurallv unsound and/or unsafe that
contains cracks and/or spalling.
Section 105. Article 3. Division 18. Prohibited Signs. Section 3-1803.A. Abandoned Signs is
hereby amended as follows:
A. Abandoned signs and/or sign structures which are determined to be
nonconforming with the provisions of this division shall be required to be
removed by the property owner within 30 days after receipt of notification, or
refusal to accept delivery of notification by certified mail, that such removal is
required. Alternatively. the sign p'anels within the abandoned sign structure may
be removed and replaced with sign panels of neutral color and containing no
message.
D. Except as provided in section 3 1806 (B)(~) 3-1806 (B)(5). changeable message
signs, except menu and time and temperature signs, on which the message
changes more rapidly than once every six hours.
43
Ordinance No. 6928-02
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Section 107. Article 3. Division 18. Prohibited Signs. Section 3-1803.I. is hereby amended as
follows:
I. Sandwich boards signs. except in the DowntO\vn District. as re~ulated under
Section 3-1806 B.7
Section 108. Article 3. Division 18. Prohibited Signs. Section 3-1803.L. is hereby amended by
as follows:
L. Signs located on publicly owned land or easements or inside street rights-of-way,
except sibTJlS required or erected by permission of the City Manger Manager or
City Commission, signs or transit shelters erected pursuant to Section 3-2203,
and sandwich board signs to the extent permitted in the Downtown District.
Prohibited signs shall include but shall not be limited to handbills, posters,
advertisements, or notices that are attached in any way upon lampposts,
telephone poles, utility poles, bridges, and sidewalks.
Section 109. Article 3. Division 18. Prohibited Signs. Section 3-1803. Prohibited Signs is
hereby amended by adding subsection 3-1803.Z. Billboards as follows:
Z. Billboards.
Section 110. Article 3. Division 18. General Standards. Section 3-1804.D Banners and Flags is
hereby amended as follows:
D. Banners and Flags. f\ banner or flag Banners may be used as a permitted
freestanding or attached sign~ and, if so used, the area of the banner or flag shall
be included in, and limited by, the computation of allowable area for
freestanding and attached signs on the property. Banners shall not be used as
principal signage.
Section 111. Article 3. Division 18. Section 3-1804. General Standards is hereby amended by
adding new subsection I as follows:
h Signage for Temporary Uses. Signage for temporary uses is regulated under
Section 3-2103.
Section 112. Article 3. Division 18. Signs Permitted Without a Permit. Section 3-1805.G. is
hereby amended as follows:
G. One flag per detached dwelling unit, three additional flags per parcel of land
used for multifamily residential purposes, and three flags per parcel of land used
for non-residential purposes. Any additional flags will only be permitted
through the development review approval process and will be included in, and
limited by. the computation of the allowable area for permitted freestanding
and/or attached signage on the property.
44
Ordinance No. 6928-02
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Section 113. Article 3. Division 18. Signs Permitted Without Development Review Section 3-
1805.G. is hereby amended as follows:
GK. Two on-site directional signs and traffic control signs per driveway of no more
than four square feet of sih'Tl face area, to a maximum hei~ht of three feet,
provided that business logos and/or lettering or other non traffic control symbols
do not exceed 25 percent of the sign face area. All directional signs exceeding
30 inches in hei ~ht shall not be located within the required si1!ht visibility
triangle.
Section 114. Article 3. Division 1 S. Signs Permitted Without Development Review. Section 3-
1805.S. is hereby amended as follows:
S. A change in a sign message panel on a previously approved, lawful sign.
Section 115. Article 3. Division 18. Permitted Signs Requiring Development Review. Section 3-
1806.8. Non-residential is hereby amended as follows:
B. Non-residential. All signs must be architecturally integrated into the design of
the building and/or site using similar and coordinated design and style features,
materials and colors. etc. Attached signs shall be horizontally and vertically
proportionately located on each facade with no protrusions above roof lines, over
windows, trim, cornices. or other building features. Master signage plans are
required for shopping centers and office parks or any other master planned
developments where a substantial development or redevelopment is undertaken
or proposed. These will be reviewed as a Comprehensive Sign Program
application.
Section 116. Article 3. Division 18. Pennitted Signs Requiring Development Review. Section 3-
1806. B.1 Freestanding Signs is hereby amended as follows:
a. One freestanding sign per parcel proposed for development with no more than
sign two sign faces. A parcel located at ~ corner may be permitted two signs,
one at each street frontage, provided that the maximum area of the sign faces of
the two signs shall not exceed the total maximum allowable area. Sign area is
measured from the road frontage which results in the greatest square footage.
Section 117. Article 3. Division 18. Pennitted Signs Requiring Development Review. Section 3-
1806. B.1.c. Area of Freestanding Signs is hereby amended as follows:
J11. Sixty-four square feet; whichever is less. However, a minimum of tefl 20 square
feet per parcel proposed for development shall be allowed.
Section 118. Article 3. Division 18. General Standards. Section 3-1806.B.1. is hereby amended
by adding subsection 3-1806.B.1. Freestanding sibrrls at Elevated Intersections as follows:
h. Freestanding Signs at Elevated Intersections. Sites which front on an elevated
roadway (including US 19 and Mc Mullen Booth Road) having limited visibility are
pennitted one freestanding sign to a maximum of 14 feet in height above the crown
45
Ordinance No. 6928-02
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of the road, as measurcd from a point on the roadway that is perpendicular to the
si go location.
Section 119. Article 3. Division I S. Permitted Signs Requiring Development Review. Section 3-
1806.B. Attached Signs is hereby amcnded as follows:
3. Attached sib'llS. The follO\ving signs shall be permitted in all non-residential
districts:
a. One attached sign per business establishment. The area of an attached
sign face shall not exceed:
1. One square foot per 100 square feet of the fayade of the building facing
the street frontage to which the sign is to be attached; or
11. Twenty-four square feet; whichever is less. However, a minimum of tefl
twenty square feet per business establishment with a principal exterior
entrance shall be allowed. The Community Development Coordinator
may permit signs for second storv or above businesses in the Downtown
and Tourist Districts ifthev meet all other criteria for attached signa!!e.
b. Where individual building business establishments with exterior
entrances are located in a single building.1 t7F--ffi multiple multi-tenant
buildings which are attached, or as part of a business/office complex or
shopping center, attached signs shall be designed according to a common
theme but be sufficiently different in including similar style, color,
material and other characteristics to provide a-veid a sense of uniformity
or samenes~. Changes to individual tenant signage shall be reviewed for
compliance with the established or projected theme of the development
site.
f..:. Proiecting signs mav be used as a type of attached sign in the Downtown
(D) and Tourist (T) districts, unless otherwise permitted by the
Community Development Cordinator. Thev shall be installed with a
minimum eight-foot clearance from the bottom of the sign to grade or
the sidewalk. Projecting signs shall comply with encroachment into
setback and rights-of-way Section 3-908.
Section 120. Article 3. Division 18. Permitted Signs Requiring Development Review. Section 3-
1806.B Changeable Copy is hereby amended as follows:
5. Changeable COpy signs. Changeable copy signs are permitted provided they are
located on public property and serving serve a significant public purpose.
Section 121. Article 3. Division 18. Pennitted Signs Requiring Development Review. Section 3-
1806.8. is hereby amended by adding subsection Section 3-1806 B.7. as follows:
7. Sandwich hoard signs. Sandwich board signs, permitted only 111 the Downtown
District, are regulated as follows:
46
Ordinance No. 6928-02
. I . I . . I "\". _' ...' " ,'. I, " ',',' .,". .... , : ' J, " ..' ',' I." .:
1. The maximum pcrmittcd number is one per businc~
2. Thc maximum permittcd arca is sevcn square fcet (maximum
pcmlitted hcight is 3.5 fect and maximum pcmlitted width is two
feet ):
3. Signs shall be located dircctly in front of the business for \vhich it is
advertising:
4. Sign placement and location shall not block pedestrian/wheelchair
circulation or create a site visibi lily hazard and shall not interfere
with street lights. street trees, utility poles, benches. ramps, fire
hvdrants or other structures, and shall not reduce the width of a
sidewalk or travel route below the American's with Disability Act
requirements:
5. Signs may be used during hours of operation and shall be removed at
the end of the business dav: and
6. Signs shall be designed to comply with the Downtown Design
Guidelines.
Section 122. Article 3. Division 18. Comprehensive Sign Program. Section 3-1807.B. Permitted
Signage is hereby amended as follows:
B. Permitted sigllage. Sif:,rnage which is proposed as part of a comprehensive sign program
may deviate from the minimum sign standards in terms of number of signs per business
or parcel of land, maximum area of a sign face per parcel of land and the total area of
sign faces per business or parcel of land, subject to compliance with the flexibility
criteria set out in Section 3 1807.C. 'Monument signs, permitted pursuant to section 3
1806.B.l.g and Section 3 1806.B.2 shall not be eligible for comprehensi';e sign program.
A comprehensive sign program shall be approved as part of a level one or level nvo
approval, as the case may be.
.L Signage which is proposed as part of a comprehensive sign program may
deviate from the minimum sign standards in terms of number of signs
per business or parcel of land. maximum area of a sign face per parcel of
land and the total area of sign faces per business or parcel of land.
subiect to compliance with the flexibility criteria set out in Section 3-
l807.C. Monument signs, permitted pursuant to section 3-1806.B.1.g
and Section 3-1806.8.2 shall not be eligible for comprehensive sign
program. A comprehensive sign program shall be approved as part of a
Level One or Level Two approval. as the case may be. Prohibited signs
in Section 3-1803 are not eligible for a comprehensive sign program.
2. As part of a comprehensive sign program, the Community Development
Coordinator shall review all sign types (freestanding, attached. windows.
interior site directional. etc.) for the business and/or the development
parcel to achieve compliance in so far as possible with these current
regulations. A master sh,rn plan for shopping centers and office
47
Ordinance No. 6928-02
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complexes shall ir.lclude all types of si.gps for all tq1al1ts/uses \vithin the
dcvelopment parccl. The Community Deve1Ql2r.Tll:nt Coordinator may
allow for tlexihility in rcviewing the mastcr sign plan if it results in a
substantiallv improved and comprehensive proposal. \Vith a master sil:,rn
plan, the Community Dcvclopment Coordinator may pcrmit interior site
directional si~ns at a size and location(s) related to the develonment
proiect. with up to a maximum height of six feet.
Section 123. Article 3. Division 18. Comprehensivc Sign Program. Section 3-1807.C.t.
Flexibility Criteria Architectural Theme is hereby amended as follows:
b. The desi!:,l'J1, character, location and/or materials of all freestanding and attached tfle
signs proposed in a comprehensive sihl'J1 program shall be demonstrably more
attractive than signs otherwise permitted on the parcel proposed for development
under the minimum signs standards. All signs must be architecturally inte~rrated
into/with the design of the building and/or site using simi lar and coordinated desigt]
features. materials and colors, etc.
Section 124. Article 3. Division 18. Comprehensive Sign Program. Section 3-1807.C.
Flexibility Criteria is hereby amended as follows:
2. The maximum height of all freestanding signs proposed in a comprehensive sign
program is 14 feet, depending on the design of the sign provided however that a
single attached sign with a sign face of no more than 12 square feet may be erected
up to the height of the building.
Section 125. Article 3. Division 18. Comprehensive Sign Program. Section 3-1807.C Total Area
of Sign Faces is hereby amended as follows:
4. The total area of sign faces which are proposed as part of a comprehensive sign
program shall not exceed p.vo times the total area of sign faces permitted under the
minimum sign standards on the parcel proposed for development be regulated as
follows:
1. Attached signs - The maximum area permitted is up to five percent of the
building facade to which the sign is to be attached.
ii. Freestanding signs - The maximum area permitted is two times the total area
of sign faces permitted under the minimum sign standards on the parcel
proposed for development.
Section 126. Article 3. Division 18. Comprehensive Sign Program. Section 3-1807.C. is hereby
amended by adding subsection 3-1807 .C.5. Number and Location of Signs as follows:
~ \Vhen considerin~ the number and location of freestanding and attached si~s.
the Community Development Coordinator shall consider: overall size of site.
frontage, access and visibility to the site, intended traffic circulation patte~
hierarchy of signage, and submittal of a master sign plan for the development
parcel/proiect.
48
Ordinance No. 6928-02
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Section 127. Article 3. Division 21. Temporary Uses. Scction 3-2103.B.3.g. Portable storage
units is hereby amended as follows:
g. A sticker shall be affixcd to all portable storage units indicating the most recent
delivery date, tile dute on which the portable storage unit ts was delivered to a
property .
Section 128. Article 3. Division 21. Temporary Uses. Section 3-2103.8.3. Portable storage units
is hereby amended by adding subsection j. as follows:
L The Community Development Coordinator may allow for portable storage units
in emergency situations for the duration of emcrgencv repairs.
Section 129. Article 4. Division 2. Applications for Development Approval. Section 4-202.A. is
hereby amended as follows:
A. Basic informatio1l required for all applications. Except as provided in subsection
23 f{)r fence permits, or unless otherwise inapplicable for the pennit sought, a
All applications for development approval shall include the following
information:
****
Section 130. Article 4. Division 2. Applications for Development Approval. Section 4-202.A.7.
is hereby amended as follows:
7. A plat of record or signed and sealed survey of the property including the
dimensions, acreage and location of the property prepared by a registered land
surveyor showing all current structures/improvements.
Section 131. Article 4. Division 2. Applications for Development Approval. Section 4-202.A.l1.
is hereby amended by adding subsection 4-202.A.ll.y. as follows:
Y..:. . Type and location of all attached and freestanding signage for compliance with
Article 3. Division 18, Signs.
Section 132. Article 4. Division 2. Applications for Development Approval. Section 4-202.A.25.
is hereby amended as follows:
d. H4fle For all proposed development is for a single family dwelling or accessory
\:!fie; a plot plan signed and sealed survey with the following information:
1. Existing and proposed fences and landscaping.
11. The proposed height and materials of the proposed fence.
Section 133. Article 4. Division 2. Applications for Development Approval. Section 4-206.
Notices and public hearings Permitted Uses: Level One diagram on page CD4:15 is hereby amended by
49
Ordinance No. 6928-02
" , I'" ) , _ ~ 'A '.' ,I.'., , ' .',. i . - 1., . ' . I , . ',~ ~'.., ,;{ " . ; . I ' ,': "f . ,
revlsmg the third box as follows: "Noticc to Adjaccnt Property Owncrs (tlexiblc ~tandard
development). "
Section 134. Article 4. Division 2. Applications for Development Approval. Section 4-206.C.2.c.
Public hearings is amended as follows:
e. By posting a sign for level three (3) approvals onlv, at least six square feet in
area and not exceeding six feet in height facing the strcct(s) on the parcel
proposed for development.
Section 135. Article 4. Division 2. Applications for Dcvelopment Approval. Section 4-206.0.5.
Public hearings is amended by adding subsection 4-206.D.5.a. as follows:
a. Any expert witness testifying shall submit a resume for the record before or
during the public hearing.
Section 136. Article 4. Division 2. Applications for Development Approval. Section 4-502.A.
Application/notice of appeal is hereby amended as follows:
A. An appeal of a level one approval (flexible standard) may be initiated by a
property owner abutting the property an applicant or property owners within the
required notice area and who participated in the Level 1 review. which is the
subject of the approval within seven days of the date the development order is
issued. The filing of an application/notice of appeal shall stay the effect of the
decision pending the final determination of the case.
Section 137. Article 4. Division 2. Applications for Development Approval. Section 4-502.B.
Application/notice of appeal is hereby amended as follows:
B. ,^Jl application/notice of appeal of ony decision of the oity, as provided in section
1 501, Appeal of all other applications other than level one approval flexible
standard may be initiated by the applicant:. or ~ any person granted party status
within 14 days of the decision. Such application shall be filed with the city clerk
in a form specified by the community development coordinator identifying with
specificity the basis for the appeal and accompanied by a fee as required by
section 4-202(E). The filing of an application/notice of appeal shall stay the
effect of the decision pending the final determination of the case.
Section 138. Article 4. Division 2. Applications for Development Approval. Section 4-504.B.
Community development board appeals is hereby amended as follows:
B. Upon receipt of an application/notice of appeal from a level one approval
(flexible standard) from an abutting property owner, the community development
board shall place the appeal on the consent agenda of the next scheduled meeting
of the board. Notice of the date of such meeting shall be provided the applicant
and the appellant(s) by mail and by telephone. The appeal may be removed from
the consent agenda only by a vote of at least four members of the community
development board. If the appeal is not removed from the consent agenda, it
shall be approved, along with any other consent agenda items, by a vote of a
majority of the members of the boa-r-d- If the appeal is not removed from the
50
Ordinance No. 6928-02
I " I.;.. ". ". 1,', ,. , "r ' .'. -. ,- .., t' , :' t' ,'. . ',' . If" " \.' . M ~ 1 ' ; I ,,", '. '. ."., . ' . . . .," 'J" t. .'
consent a~enda, the decision of the COll1ll1unitv Development Coordinator is
contirmed as part oC the consent a~enda bv a vote of the maJoritv of the members
of the board. If the appeal is removed from the consent agenda, the community
development board shall review the application, the recommendation of the
community development coordinator, conduct a quasi-judicial public hearing on
the application in accordance with the requirements of section 4-206 and render
a decision in accordance with the provisions of section 4-206(D)(5) granting the
appeal, granting the appeal subject to specified conditions or denying the appeal.
Section 139. Article 4. Division 2. Applications for Devclopmcnt Approval. Section 4-505.A.
Community development board appeals is hereby amended as follows:
A. Upon receipt of a notice of appeal regarding decisions set out in Section 4-
501(B), the hearing officer shall, in concert with the city clerk, establish a timely
date and hour and location. for a quasi-judicial appeal hearing. The city clerk
shall give notice of the public hearing in accordance with the provisions of
section 4-206(C) and the hearing shall be conducted in accordance with the
procedures set forth in section 1 206(D). The hearing shall be conducted as a
mandatory summary hearing, generally in accordance with the provisions of
Florida Statutes Section 120.574. as amended from time to time, except that the
provisions allowing permissive motions for summary hearing contained in
Florida Statutes Section 120.574(l)(a), (b). (c), and (d) shall not apply. No
discovery, whether on motion or otherwise, shall be allowed in the proceeding,
no order referring the case back to the formal adiudicatory process described in
Florida Statutes Section 120.57(1) shall be entered. and the hearing officer's
decision shall be subiect to iudicial review as provided in Section 4-505.D. and
not under Florida Statutes Section 120.68.
Section 140. Article 4. Division 2. Applications for Development Approval. Section 4-505.D.
Community development board appeals is hereby amended as follows:
D. The hearing officer. shall render a decision within 45 days of the hearing ffi
accordance \vith the provisions of section 1 206(D)(5). The decision shall include the
following: 1. findings of fact based exclusively on the evidence of record and matters
officially recognized~ 2. conclusions of law: 3. approval. approval with conditions,
requirements, or limitations, or denial of the application or decision which is the
subiect of the appeal. The decision of the hearing officer shall be final, subject to
judicial review by petition for writ of common la'tV certiorari to the circuit court. The
filing of a petition for writ of certiorari stays the decision of the hearing officer
pending the final determination of the case.
Section 141. Article 4. Division 6. Level Three Approvals. Section 4-602.A. Purpose and
applicability is hereby amended as follows:
A. Pwpose and applicability. The Zoning Atlas of the City of Clearwater consists of a
map of the city, published in the form of an atlas or book containing a title and
summary page and additionul separate sheets, each co';ering a portion of the city;
depicting all real property \vithin the oity and designating the various :zoning distriet-s
and the boundaries thereof. The zoning atlas shul+-be-in suffioienl detail so that
property Ql,vners may looate ~heir pr~Ft-ies 'Nith respee-Ho the ;~oniAg-.Qtstrict
51
Ordinance No. 6928-02
" . ; I ' '.. 1 ~ , :. .. - . , ( ~ . , . ~.' " . , ' " . I. ',' > ,;' . :. . ~.' , 1
boundary lines. It is the purpose of this section to establish a procedure for amending
the zoning atlas of the city in accordance with Florida Statutes.
Section 142. Article 4. Division 7. Subdivision/Plats. Section 4-702. Required approvals IS
hereby amended as follows:
Section 4-702. Required approvals.
If plat approval is required, approval is obtained in two stages: preliminary and
final plat approval and is intended to be processed simultaneously with other
required approvals. Preliminary approval is granted by city staff for level one
approvals and the community development board for level two approvals. In the
event a level two approval is required, the preliminary plat is a required
submission and will be reviewed and approved by the community development
board as part of that approval process. While city commission approval is
required by state law for final plats, the approval process is ministerial, assuming
compliance with the preliminary plat approval and all requirements of the city
code. If plat approval is required, preliminary plat approval must obtained before
a building permit may be issued. Evidence of the rccording of an approved final
plat must be submitted prior to the issuancc of a certificate of oocupancy.
Section 143. Article 4. Division 7. SubdivisionIPlats. Section 4-708.C. Recording of final plat is
hereby amended as follows:
C. Evidence of recording a final plat shall be submitted prior to the issuance of a
the certificate of occupancy first building permit.
Section 144. Article 4. Division 12. Tree Removal Pennit. Section 4-1202.A. Removal permit
application is hereby amended by deleting the subsection and renumbering the subsequent subsection as
appropriate:
* * * *
1. ~^~ copy of the Level One or Level Two Appro'/al associated \vith the tree
removal.
* * * *
Section 145. Article 4. Division 13. Land Clearing Removal Permit. Section 4-1301. Permit
required is hereby amended as follows:
Section 4-1301. Permit required.
A land clearing and grubbing permit is required in order to clear or grub any land
in the city. No land clearing and grubbing permit shall be granted prior to
issuance of a level one or level two approval in accordance with the provisions
of Article 4, Divisions 3 and 4~, except when associated with a demolition permit
that does not involve ne'.\' construction or a rede';elopment project. No land
clearing and grubbing permit shall be granted unless it is in confonnance with
the provisions of this division or the terms of a prior approval.
52
Ordinance No. 6928-02
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" "", J ','. "'. .' .' . . ' . , . , . ,.. . " ,'",':. . . '. ....'.. .,', . . : '. ~ I ' , , f' \
Section 146. Article 4. Division 14. Transfer of Development Rights. Section 4-1401. Purpose
and authority is hereby amended as follows:
Section 4-1401. Purpose and authority.
It is the purpose of this division to establish procedures for the transfer of
allocated development rights in the city in order to promote redevelopment of the
district in a manner which minimizes the impacts of such transfers and protects
the interests of all property owners and residents of the city.
Transfer of Development Rights mav be used to: (1) Implement the goals and
policies of approved Community Redevelopment Plans; (2) Protect
Architecturally Significant Structures. Historic Structures, or Environmentally
Sensitive Areas.
Section 147. Article 4. Division 14. Transfer of Development Rights. Section 4-1402. Allocated
development rights' are freely transferable is hereby amended as follows:
Section 4-1402. Allocated development rights are freely transferable.
Development rights of a previously developed site may be transferred to any site
at any time, to the same extent and in the same manner as any other interest in
real property provided that mortgage holder consents to such transfer and
provided that the density and/or intensity of the receiving site is not exceeded by
twenty percent (20%) of the development potential of the site prior to the
transfer. The transfer shall be in the form of a special warranty deed, which shall
specify the amount of transferable development rights which are being conveyed
or sold and the real property from which the rights are transferred. The special
warranty deed shall contain a covenant restricting in perpetuity the use of the
parcel from which the rights have been transferred. To be eligible to transfer
development rights. the sending property must be in compliance with all
propertY maintenance standards specified in Article 3 ofthis code.
Section 148. Article 4. Division 14. Transfer of Development Rights. Section 4-1403.C. Use of
transferred development rights is hereby amended as follows:
1. The parcel proposed for development is located in the city The sending site and the
receiving site must be located within the city.
2. No building which exceeds 100 feet in height shall be located within 100 feet of any
other building which exceeds 100 feet in height. No more than two buildings which
exceed 100 feet in height shall be located within 500 feet of any building which
exceeds 100 feet in height; and
3. Appropriate view corridors are incorporated in the design of the parcel proposed for
development and all design standards in Article 3 Division 5 are otherwise satistied~
: and
53
Ordinance No. 6928-02
, . . . #' " , ' ". . " , ' ,1 t'" . , I '" 4 , ".. . ; ,,' , ' " . . I f ~, ''',' '
4. There shall be a reasonable relationship bet\vecn thc number of units transferred and
any increases in buildin~ height. Compatibility with the surrounding arca and
viability of the proiect shall be considered when approving anv increase in height.
Section 149. Article 4. Division 14. Transfer of Development Rights. Section 4-1403.E Use of
transferred development rights is hereby amended as follows:
E. Development rights transferred for the protection of Architecturallv Significant
Structure(s), Historic Structure(s), and Environmentallv Sensitive Areas located
on the mainland may be transferred to any parcel of land which is located on the
mainland. Development rights transferred within a Community Redevelopment
Area must be transferred to property located within the same Community
Redevelopment Area. Development rights transferred for the protection of
Architecturally Silmificant Structure(s), Historic Structure(s), and
Environmentallv Sensitive Areas located on the barrier islands (any land west of
the Memorial Causeway) may be transferred to any parcel of land located on the
barrier islands.
Section 150. Article 6. NonconfOlmity Provisions. Section 6-102.B. Nonconforming structures,
is hereby amended as follows:
B. Normal repair and maintenance, such as painting, cleaning, replacement. and
repairing of same nonconformity may be performed on nonconforming
structures.
Section 151. Article 6. Nonconformity Provisions. Section 6-104. Nonconforming
Sign/Redevelopment of Principle Use/Structure is hereby amended as follows:
B. If the copy is not current or is missing letters or words on a non oonforming
nonconforming changeable copy sign for a period of 30 days, the sign shall
become unlawful.
Section 152. Article 7. Division 1. Municipal Code Enforcement Board/Special Master Hearing
Procedures. Section 7-102.C. is hereby amended by deleting the subsection in its entirety and re-lettering
subsequent subsection as appropriate:
~ Co,'",'cclion of ',Jio/alion prier to hcaring. If, prior to the scheduled hearing, the
violation is corrected, the hearing on the violation shall be continued for a period
of six months and in the event there is no recurrence of the violation, the notice
of violation shall be deemed '.'lithdra'.'m. If the violation is not corrected prior to
scheduled hearing, or the ';iolation re ocours prior to the elapse of six months,
the violation shall be presented to the special master or the municipal code
enforcement board.
54
Ordinance No. 6928-02
.. ,I ;',; , , , .' . '~, . ,....' < '4", \. <~",', .' " : . . '. "', .'. :' .
Section 153. Article 8. Section 8-102. Definitions is hereby amended as follows:
* * * *
Accessory stnlclure means a building or structure which: 1) is subordinate to and serves
a principal building served; 2) contributes to the comfort or necessary necessity and
convenience of the users or occupants of the principal building; atld 3) is located on the
same lot as the principal building and is not attached to such building~ and (4) is
detached from principal structure.
* * * *
Lot. corner means a lot located at the intersection of two or more street rights-of-way.
Lot, douhle frontage means a lot bounded on opposite or approximately opposite sides
by streets.
* * * *
Lot. double frontarse means a lot bounded on opposite or approximately opposite sides
by streets.
****
Parcel of land means any legally described piece of land which is designated by the
owner or developer as land to be used or developed as a unit, or which has been
developed as a unit as determined by the Community Development Coordinator.
* * * *
Repeat violation means a violation of a provision of a code by a person who has been
previously found through a code enforcement board or any other quasi-judicial or
judicial process~ to have violated~ or who has admitted violating~ the same provision
within five years prior to the violation, notwithstanding the violations occur at different
locations.
****
Sign means any surface, fabric, device or display which bears lettered, pictorial or
sculptured matter, including forms shaped to resemble any human, animal or product
designed to convey information to the public and is visible from an abutting property,
public right-of-way, or body of water. For the purpose of this development code~ the
term "sign" shall include all structural members. A sign shall be construed to form a
single unit. In cases where matter is displayed in a random or unconnected manner
without organized relationship of the components, each such component shall be
considered a single sign. Except for banner, flags. temporary and portable signs, all
signs shall be permanently affixed to, and/or incorporated into, the sign cabinet, or
building wall or other base material. All signs shall be constructed of materials designed
to be permanent, withstand weather conditions, and shall have permanent supports
appropriate for its size.
55
Ordinance No. 6928-02
'I . 1 f' :. ", I' .. ,I. ". ' . "'., , ',', , ' , ' '. I" ':. . t ':. I. ; . , 'f ' I:' ,r, '
* * * *
Sign. abandoned or obsolete conformhlg means any sign and/or sign structure which no
longer advertises a bona tide business activity conducted or product available, is no
longer licensed, no longer has a certificate of occupancy, or is no longer doing business
or maintaining a presence on the premises where the sign is displayed and such
circumstances have continued for a period of 30 days.
* * * *
Sign, area Sign area or sll1face area means the area, in square feet. enclosed by a
rectangle, parallelogram, triangle, circle, semicircle, cross, other geometric figures, or
other architectural design, the side of which make contact with the extreme points or
edges of the sign, excluding the supporting structure which does not .fFem form part of
the sign proper or of the display. Unless otherwise indicated, area means area per sign
face. Illuminated portions of a sign structure shall be considered part of the sign area.
Also, any portion of the surface area of a freestanding sign structure that exceeds 50
percent of the permitted area of the sign face shall be considered part of the sign area.
The area of a sign for attached signs is based on the smallest geometric shape( s) around
the graphics/text: area for sign cabinets used as attached signs shall be based on the
entire sign cabinet.
****
Sign, attached means any sign attached to, on or supported by any part of a building (e.g.
walls, mansard roof/wall, proiectin~, awning, windows, or canopy), which encloses or
covers useable space.
****
Sign, maintenance Sign maintenance means the replacing, repairing or repainting of a
portion of the sign structure, periodically changing changeable copy or renewing copy
which has been made unusable by ordinary wear, weather or accident. In the event 50
percent or more of the sign is needed to be replaced or repaired the sign shall be replaced
with a new. conforming sign and sign structure.
****
Sign. portable means a sign that is not permanently fixed to the ground or a structure
utilizing standard construction procedures. and/or materials that will not deteriorate, or a
sign that is transported over or parked along or next to a public right-of-way.
* * * *
Sign, vehicle means a sign attached to or placed on andJor inside of a vehicle, including
automobiles, trucks, boats, campers, and trailers, that is parked on or is otherwise
utilizing a public right-of-way or other public property or is on private property so as to
be intended to be viewed from a vehicular right-of-way for the basic purposes of
providing advertisement of products or services or directing people to a business or
activity. This detinition is not to be construed to include those signs on a licensed transit
56
Ordinance No. 6928-02
., " "', ',' . . " .. " . , ' . . . : " .1 - "'", ~, " .' . - , , . i .. " ,'" . ~.' , . . ' ,'. .....' J
carrier, or signs that idcntify a finn or its principal products on a vehiclc, unless such
vehicle is parked in a location prominently visible trom a street right-or-way where there
are other, less prominently visible parking spaces available on the site or is parked in
such a manner that it is intended to provide advertisement of products or services or to
direct people to a business or activity.:...., or such adyertisin; devices as may be attached to
and within the nornlal unaltered lines of the vehicle of a licensed transit carrier This
definition shall not include any vehicle with signs when and during that period of time
such vehicle is regularly and customarily used to traverse the public highways during the
normal course of business and providing the signs do not present a hazard to the public.
* * * *
Temporary retail sales and displays means any nonpermanent sales or displays which
either exist along are of the same product and must be related with the permanent or
principal use of property,.:. or arc assoeiated with the permanent or principal use. As used
in this development code, the term "temporary retail sales and displays" shall include
carnivals and similar temporary amusement projects and shall exclude residential
development sales office, land sales offices, and garage and yard sales.
* * * *
Violator means a person alleged to or who has been found to have violated a provision of
the City Code through a code enforcement board. or any other quasi-iudicial or judicial
process. which the special master or code enforcement board has jurisdiotion to enforce.
Section 154. Article 8. Definitions and Rules of Construction. Section 8-102. Signs, directional
is hereby amended by deleting the directional sign graphic and replacing it with a new graphic as
illustrated in Exhibit B.
Section 155. Article 8. Definitions and Rules of Construction. Section 8-102. Signs, freestanding
is hereby amended by deleting the freestanding sign graphic and replacing it with a new graphic as
illustrated in Exhibit C.
Section 156. Amendments to the Land Development Code of the City of Clearwater (as
originally adopted by Ordinance No. 6348-99 and subsequently amended) are hereby adopted to read as
set forth in this Ordinance.
Section 157. The City of Clearwater does hereby certify that the amendments contained herein,
as well as the provisions of this Ordinance, are consistent with and in conformance with the City's
Comprehensive Plan.
Section 158. Should any part or provision of this Ordinance be declared by a court of competent
jurisdiction to be invalid, the same shall not affect the validity of the Ordinance as a whole, or any part
thereof other than the part declared to be invalid.
Section 159. Notice of the proposed enactment of this Ordinance has been properly advertised in
a newspaper of general circulation in accordance with applicable law.
Section 160. The provisions of this Ordinance shall be effective on Monday, March 18, 2002.
57
Ordinance No. 6928-02
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Approved as to form:
Attest:
Leslie K. Dougall-Si e
Assistant City Attorney
Brian J. Aungst
Mayor-Commissioner
Cynthia E. Goudeau
City Clerk
58
Ordinance No. 6928-02
I SIGHT TRIANGLE I
RIGHTS-OF.WA Y and DRIVEWA YS
20' from property line
( .
. Exhibit A - Sight Visibility Triangle
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Exhibit B - Directional Sign
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Exhibit C - Freestanding Sign
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PL ojtJ .f
~
~ Clearwater
()
TO:
Bill Honle, City Manager
Mayor and City Conlmissioners
Community Development Board Members
FROM:
Cyndi Tarapani, Director of Planning
DATE:
February 18, 2002
RE:
Revisions to Proposed Community Development Code
:~)
Based on input from board members, cItizens and staff, several reVISIOns are
recommelided to the proposed Comnlunity Developluent Code amendments in Ordinance
No. 6928-02. Listed below are the proposed revisions. For each revision, the ordinance
section number is provided, along with the current and proposed ordinance language.
The Planning Department recomlnends the following changes as they further clarify and
refine proposed provisions
A. Based on direction from legal council, the following sections amending Article 2
related to limitations on sign heights for certain uses are recommended to be
deleted from the ordinance.
Section 7, Section 9, Section 11, Section 16, Section 17, Section 18, Section 23,
Section 24, Section 25, Section 26, Section 28, Section 30, Section 31, Section 34,
Section 36, Section 37, Section 38, Section 39, Section 45, Section 47, Section 48,
Section 49, Section 50, Section 51, and Section 52.
B. Based on direction from legal council, the following sections within Article 3
relating to prohibited signs, general sign standards, signs permitted without
development review and permitted signs requiring development review are
recommended to be deleted [rom the ordinance.
Sections 105-107, Sections 109-113, Section 120, and Section 121.
\~
/-,
C. The Planning Department recommends two revIsions to the vending machine
regulations set forth in Section 77 of the ordinance. One change clarifies that the
liInitation to two machines docs not include machines that are not visible from the
public right-of-way or adjacent properties. The other requires all signage on a
vending machine to be flush with the machine.
Current Ordinance LaIJ2ua2c
Section 77. Article 3. Division 9. General Applicability Standards. Section 3-916.
Vending machines is hereby amend~t as follows:
C. No more than two (2) vending machines. per development site, shall be
permitted on properties outside of the building serving the principal use.
Signage allowed on vending machines shall be limited to 35 percent of
the front face of the vending machine. excluding the selection choices.
The remaining front face of the vending machine shall be of a similar
color as the signage. No signage shall be allowed other than on the front
of the vending machine.
Proposed Ordinance Laneuaee
2
~-.\
I
'......,s/.
C. No more than two (2) vending machines. per development site. shall be
lJermitted outside of any building, unless such . machines are not visible
from anv public riglzt-of-wav or an abutting propertv. SignafJe allowed
on vendillf? machines shall be flush with the machine and shall be limited
to thirty-five (35) percent of the machine's frollt face, excluding the
selection choices. The remaining front face of the vending machine shall
. be of a similar color as the sigllage. No signage shall be allowed other
than on the front of the vending machine.
D. Based on input frOlTI the Marine Advisory Board, the Planning Department
. recommends revising Section 100 regarding the maintenance of seawalls.
Current Ordinance Lan2u32e
Section 100. Article 3, Division 15. Property Maintenance Standards. Section 3-
1502. Property maintenance requirements is amended by adding subsection L. as
follows:
L. Maintenance of seawalls.
1. All seawalls shall be maintained in a structurally sound and safe
condition that is free of cracks and spallin,g.
\
..~
.~
. 1
Proposed Ordinance Language
1. /vlaintenallce of seawalls. The structllra/ illtcgritv of al! seawalls shall be
maintained ill a condition thaI protecls the !JrO!Jertv 01/ which the seawall
is located. as well as adjacent properties.
E. The Planning Depmtment recommenus revising Section 102 of the ordinance in
order to allow plantings to continue to occur within rights-of-way, but not allow
them to extend over sidewalks, curblines, etc.
Current Ordinance Language
Section 102. Article 3. Division IS. Property Maintenance Standards. Section 3-
1503.B.8. is hereby amended as follows:
8. The lack of maintenance by a property owner of property abutting any
dedicated right-of-way in the City in a condition such that weeds or trash
weeds, shrubs. vegetation. trash, or any other obstructions are found in and
on the right-of-way or such that the weeds or trash weeds. shrubs.
vegetation. trash. or any other accumulation extend over the sidewalk,
bicycle path, curb line or edge of pavement of an improved right-of-way by
more than four inches (4").
3
'~)
Proposed Ordinance Lan2ua2;e
8. The lack of maintenance by a property owner of property abutting any
dedicated right-of-way ill the City in a condition slich that weeds or trash
are found in and on the right-of-way or such that the weeds or trash
weeds. shrubs, vegetatioll, trash. or anv other accumulation extend over
the sidewalk, bicycle path, curbline or edge of pavement of all improved
right-of-\vay by more than four illches (4 ").
F. Based on changes proposed to Section 100 of the ordinance regarding seawall
maintenance, the Planning Department is proposing to revise the proposed
provision declaring un-maintained seawalls a nuisance.
Current Ordinance Laneuage
Section 104. Article 3 Division 15. Property Nfaintenance Standards. Section 3-
1503.B. Nuisances is hereby amended by adding subsection 3-1503.8.13
Seawalls as follows:
.,~)
13. Seawalls. Any seawall that is structurally unsound and/or unsafe that
contains cracks and/or spallin&
....-
,
Prol>osed Ordinance L~m1!.lIal?c
I 3. Seawalls. All\' seal\'all ill (/ cOlldition where the structural integritv is IlOt
ma iJ1la illed.
G. Based on direction from legal counsel, Section 114 of the ordinance is proposed
to be revised to address first amendment concenlS regarding non-commercial
based language.
Current Ordinance Language
Section 114. Article 3. Division 18. Signs Pemlitted vVithout Development
Review. Section 3-1805.S. is hereby amended as follows:
S. A change in a sign message panel on a previously approved, lawful sign.
Proposed Ordinance Language
S. A change ill a sign message O/' IJanel on a previously approved, lal1ful
sign;- . e. g.. anv sifJll allowed under this ordinance mav contain. in lieu of
anv other COfJV. anv othenvise lawful noncommercial message that
complies with all other re(/uirements of this ordinance.
4
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H. After extended discussions with representatives of the development community,
the Planning Department is recommending to revise the way in which
freestanding signs are measured at elevated intersections as proposed in Section
118 of the ordinance.
Current Ordinance Language
Section 118. Article 3. Division 18. General Standards. Section 3-1806.B.1. is
hereby amended by adding subsection 3-1806.B.l. Freestanding Signs at Elevated
Intersections as follows:
h. Freestanding Signs at Elevated Intersections. Sites which front on an
elevated roadway (including US 19 and McMullen Booth Road) having
limited visibility are pemlitted one freestanding sign to a maximum of 14
feet in height above the crown of the road. as measured from a point on
the roadway that is perpendicular to the sign location.
Proposed Ordinance Langua2C
~,)
h. Freestanding l..S'igns at Elevated Intersections. Sites which front on all
elevated roudwav (including US /9 and A1cNJullell Booth Road) having
limited visibilitv are fJcrl1litted one (reestandingsign to a maximum of 14
, " . ,j. .. h ," j . ..'" "..', , . I .'.,~ . '. .,',! " . ' ' , I.., . :' r ,
~
feef in heir;ht ahOl'c the crowJI of the road, (IS measured al the highest
point o(tlu! roadw(/\'.
1.
In reviewing the maximum permitted area for freestanding signs through the
Comprehensive Sign Program, the current provisions limit the area to two times
the maxin1um pennitted signage. which is 128 square feet. This is limiting as an
absolute maximum, thercfore, the Planning Department is proposing the cap be
based on two times thc fuyade method or the street method for calculating
permitted area. This wi 11 provide a more effective way in determining maximum
permitted freestanding signage and will ensure sllch signagc is proportional to the
size of the building and site.
Orhdnal Ordinance Language
Section 125. Altic1e 3. Division 18. Comprehensive Sign Program. Section 3-
1807.C. Total Area of Sign Faces is hereby amended as follows:
4. The total area of sign faces which are proposed as paIt of a
comprehensive sign program shall not exceed two times the total area
of sign faces pemitted under that minimum sign stundurd~ on the
parcel proposed for development be regulated as follows:
- -..)
'.......~.. .
1.
Attached signs - The maximum area pem1itted is up to five
percent of the bui Iding facade to which the sign is to be
attached.
11. Freestanding signs - The maximum area pennitted is two
times the total area of sign faces permitted under the
mmmU1l11 SIgn standards on the parcel proposed for
development.
Prollosed Ordinance Language
4. The total area of sign faces which are proposed as part of a
comprehensive sign program shall not c~':cced t',Vo timcs the total
area of sign faces pcrmittcd undcr that minimum sign. standards Oll
(-he-parcel proposed for development be regulated as (ollows:
ll.
Attached signs - The maximum area permitted is up to five
percent o( the building facade to which the sign is to be
attached.
Freestal/dil/g sigl/s - The maximlllll area permil/ed is liP to ~O
times the total area of sign faces as calculated bv the street .
frolltage or hllildbzg (a9ade methods in 1806.S.1.c.i. alld .ii
1.
'<"J()
5
~'1
J. To clarify the length of timc a portable storage unit may remain on a property
during an emergency, the Planning Department recommends revising Section 128
of the ordinance.
Original Ordinance Lan2ua2c
Section 128. Article 3. Division 21. Temporary Uses. Section 3-21 03.B.3.
POJ1ablc storage units is hereby amended by adding subscction j. as follows:
1. The Community Developmcnt Coordinator may allow for portable storage
units in emer~ency situations for the duration of emergency repairs.
Proposed Ordinance Lan2uage
L 171e Communi/v Develonmen/ Coordinator mav allow /Jortable storage
units to be located on a propertv for a longer period of time than specified
in Section 3-2103. C. 2 in emergency situatiolls for the duration of
emergency repairs. The duratioll of the emergency repairs shall be limited
bv the duration of the building permit issued to make slIch emergency
repazrs.
,~)
K. Based on comments received from the Pine lIas Planning Council regarding
consistency of the proposed transfer of development rights (TDRs) amendment
with the Countywide Rules, Section 146 of the ordinance should be revised to
further clarify how TDRs can be used.
6
Original Ordinance Lan2ua2c
Section 146. Article 4. Division 14. Transfer of Development Rights. Section 4-
1401. Purpose and authority is hereby amendcd as follows
Section 4-1401. Purpose and authority.
It is the purpose of this division to establish procedures [or the transfer of
allocated development rights in the city in order to promote redevelopment of
the district in a manner which minimizes the impacts of such transfers and
protects the interests of all property owners andresidents of the city.
Transfer of Development Rights may be used to: ( 1) Implcment the goals and
l~licies of ,.~~~oyed C~l!ln!~~nity. .~.c(!?_~e~opment Plans~ (2) Protect
I Architecturally Significant Structurcs. Historic Structures or Environmentally
\..::::; Sensttlvc7\l'eKS'.--.-----------
---)
'1
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..~
-"
.)
'.~_.."
.---J
Proposed Ordinance Language
Section 4-140i. P1II1JOse and {[utl1ority.
It is the purpose of this division to establish procedures for the tran::,!er of
al/ocated development rights in the cily in order to promole redevelopment of
the district in a manner which minimizes the impacts of such transfers and
protects the interests of all properly olVners and residenls of lire cily.
Transfer of Development Rtrd!!.'! I1WV he llsed to: ( J) implement tire goals alld
lJolicies of redevelopment plans alld/or special area phms approved bv the
Cftv. the Pinellas Planning Council {[nd the Countvwidc Planning Authoritv:
(2) Protect designated environmental, opell space. archaeological. historical
or architectural/v significant sites.
L. Based on comments received from the Pinellas Planning Council regarding
consistency of the proposed TDRs provision wi th the Countywide Rules, the
following section is recommended to be revised to further clarify how TDRs can
be used.
Orhdnal Ordinance Language
Section 147. Article 4. Division 14. Transfer of Development Rights. Section 4-
1402. Allocated development rights are freely transferable is hereby amended as
follows:
Section 4-1402. Allocated development rights are freely transferable.
Development rights of a previously developed site may be transferred to any
site at any time, to the same extent and in the same manner as any other
interest in real property provided that mortgage holder consents to such
transfer and provided that the density and/or intensity of the receiving site is
not exceeded by twenty percent (20%) of the development potential of the site
prior to the transfer. The transfer shall be in the form of a special warranty
deed, which shan specify the amount of transferable development rights
which are being conveyed or sold and the real property from which the rights
are transferred. The special wunanty deed shall c,ontain a covenant restricting
in perpetuity the use of the parcel from which the rights have been transferred.
To be eligible to transfer development rights. the sending propel1y must be in
compliance with all property maintenance standards spcci fied in Article 3 of
this ,code.
7
')
Proposed Ordinance Language
Section 4-1402. Allocated development rights are frecly transferable.
De\'elofm1ent rights of a previously-eevelf}f:1ed--s-ite-m-a-y-be-t-fafls-ferred-t&-a-HY
site at any time, to the same extent anfl--tH-ttle-Sa-me mantleF-aS any other
interest in rea.J--property pro'.'ideti-t-h-at--the-6BHstt-Y-UHefer intel~e
receiving site is not exceeded by t-we1tly--f7ereent (20~~) of the developmeltt
potential of the site prior to the traI-lS-fer. The tFaflsfer shall be in the fuRn of a
special warranty deed, which shal-I--sf}ecify the amount of trafl5-ferable
de'/elopment rights which are being con-veyed-or sold and the real--ttropefly
frOln which the rights are transferrccl-:-+He-&pecial warranty cleed shall cOllffim
a covenant restricting in perpetuity the use of the parcel from which the rights
have been transferred.
Development rights of a prc)'iolls!1' dcvelopcd sitc parcel of land mav be
transferred to mlV sHe parcel of land at auv time, to the same extent and in
the same manner as anv other interest in real propertv provided such
transfer is in cOl1mliwlce with the following provisions.
-.,..../.
-j
1. Anv mortgage holder of the sending parcel shall consent to the
transfer of development rights;
8
2. The sending parcel shall be in compliance 1-vith all propertv
maintenance standards specified in Article 3 of this code.
3. The transfer shall be ill the form of a special warranty deed. which
shall sfJecify the amOlill1 of transferable development rights which are
being conveyed or sold and the real propertv fronl which the rights are
transferred. Additiona/lv, the special warranty deed shall contain a
covenant restricting in perpetuitv the lise of the parcel from which the
rights have been transferred.
4. For parcels receivi1lf! densitv/illtensitv transferred from a designated
environmental, open soace, archaeological, historical or
architectural/v significant site, densitv/intcnsitv mav not cxceed
twenty (20) percent of the permitted developme1lt potential of the site
prior to the transfer.
J
5. For parcels located within. WI area designated Central Business_
District (CBD) or CO/Jl/l/lillitv Redel'elofJ/nent District (eRD) Oil the
COllntywide Futllre Land Use Plan map or fJ{lrcels governed hi!.
approved redevelopment or special area Rlans, densitv/intensitv o{'the
receiving site /1UlV not exceed the otherwise aRPlicahle maximulll
density/intensitv bv twentv (20) percent provided that the governing
, '~. .. : ',' l' - ',"" ,'" J'" f., t. '. ", ,~ . . ."", . " ". : I \' I ',.':, \, ',' ., , ; " .' " ,,' I \' .' 'I . ", - "
..."'......,
1
plan makes s!Jcci(ic provisio/ls for the llse of tra/lsfer of dc\'clqfJlJle/lt
rights.
M. The following section is rccommended to be revised to bctter identify the areas in
which TDRs may be used.
Original Proposed Language
Section 149. Alticle 4. Division 14. Transfcr of Development Rights. Section 4-
1403.E Use of trans felTed development rights is hereby amended as follows:
E. Development rights transfcITcd for the protection of Architecturally
Significant Stnlcture(s). Historic Structure(s), and Environmentally
Sensitive Areas located on the mainland may be transferred to any parcel
of land which is located on the mainland. Developnlent rights transferred
within a Community Redevelopment Area must be transferred to property
located within the same Community Redevelopment Area. Development
rights transferred for the protection of Architecturally Significant
Structure( s). Historic Stnlcture( s), and Environmentally Sensitive Areas
located on the barrier islands (any land west of the Memorial Causeway)
nlay be transferred to any parcel of land located on the barrier islands.
Proposed Ordinance Language
.... -<",. ~...:..,."
)
"-,l'..:...'t"
E.
2. Developmellt rights transferred for the protection of
environmental. open space, archaeolqgical, historical or
arclzitecturallv sienificant sites located on the mainland may be
transferred to any parcel of land 'which is located 011 the mainland.
3. Development rights transferred for the protection of
environmental, open space, archaeological, historical or
architecturallv siJ?llificant sites located 011 the barrier is/wuls
(allY land west of the ftlfemorial Causeway) may be transferred to
allY parcel of land located Oil the barrier islands.
4. Development rights transferred within a Community
Redevelopment District, Central Business District, or other
designated redevelopment area governed bv an approved
redevelopment or special' area plall, may be transferred olllv to
propertv located within the same designated redevelopment area.
cc:
Garry Brumback, Assistant Ci ty Manager
Lisa Fierce, Assistant Planning Director
Gina L. Clayton, Long Range Planning Manager
Richard Kephart, Senior Planner
,~~
9
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Item #09
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Cleanvater City COnlt11ission
Agenda Cover Metnorandut11
Work session Item #: P LD ti;L
Final Agenda Item # 1 {' /0
Meeting Date: 2-21-02
SUBJECT/RECOMMENDATION:
Land Use Plan Amendment and Rezoning for property at 19034 U.S. 19 North (Lot 1, Bradford Court
Subdivision in Section 19, Township 29 South, Range 16 East); Owner: Bradford Scott Corporation.
MOTION: APPROVE a Land Use Plan Amendment from Commercial General (CG) Category to Residential
Medium (RM) Category, and a Zoning Atlas Amendment from the Commercial (C) Zoning District to the
Medium Density Residential (MDR) Zoning District for 19034 U. S. 19 North (Lot 1, Bradford Court Subdivision
in Section 19, Township 29 South, Range 16 East), and PASS Ordinances No. 6924-02 and No. 6925-02 on
first reading. (LUZ 01-09-08)
~ and that the appropriate officials be authorized to execute same.
SUMMARY:
This site is located on the west side of U. S. 19 North, approximately 1,060 feet north of Nursery Road and
440 feet south of Harn Boulevard. The subject site is rectangular with a limited amount of frontage on U. S. 19
and comprises approximately 4.3 acres in area. This property is currently vacant. The purpose of the Land
Use Plan amendment and rezoning is to allow the applicant to build attached townhouses since the
Commercial zoning district does not permit residential development unless as a part of a mixed use
development. The applicant desires to build 64 units of attached townhouses on the property.
The proposed amendment is compatible with the existing uses in the area. The neighborhood is surrounded
by commercial and multi-family uses. The property does not lend itself to commercial development due to the
limited frontage and visibility on U.S. 19 Highway. The proposed residential use will blend into the existing
neighborhood and serve as a transition between more intensive multi-family uses to the northwest and
commercial uses to the south and northeast.
The amendment is consistent with and furthers the goals, policies and objectives of the Community
Development Code to promote infill development.
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 seNice.
The proposed land use plan amendment and rezoning represent a logical extension of the district boundaries.
Reviewed by: 0 /)11
Legal ~
Budget NIA
Purchasing NIA
OP
In(o Srvc N/A
Costs
Total N/A
Public Works
DCM/ACM
Funding Source:
Current N/A CI
FY
Risk Mgmt
Other
Attachments:
ORDINANCES NO. 6924-02 &
6925-02
I") STAFF REPORT
Other
N/A
o None
Appropriation Code:
(9)
, " I. . '" " . , ' ., ' ....
" . , ~.
LUZ 01-09-08
Bradford Scott Corporation
Page 2
The location of the proposed Medium Density Residential boundary is logical. The boundary is appropriately
drawn with regard to location and classification of streets, ownership lines and the natural environment.
The potential range of uses and the specific proposed use are compatible with the surrounding area.
Please refer to the attached report for the complete staff analysis.
At the January 22, 2002 meeting, the Community Development Board reviewed these applications and
unanimously recommended approval.
In accordance with the Countywide Plan Rules. the land use plan amendment is subject to the approval of the
Plnellas Planning Council and the Board of County Commissioners acting as the Countywide Planning
Authority. The City Commission is scheduled to hold a public hearing on first reading on February 21,2002.
Thereafter, the item will be sent to the Department of Community Affairs (DCA) for review. Following a
favorable review by the DCA, a second reading meeting by the City Commission will be scheduled.
..,
ORDINANCE NO. 6924-02
pLD~
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 WEST SIDE OF U.S. HIGHWAY 19 NORTH,
APPROXIMATELY 1060 FEET NORTH OF NURSERY ROAD
AND 320 FEET EAST OF SUMMERLIN DRIVE, CONSISTING OF
LOT ONE, BRADFORD COURT, WHOSE POST OFFICE
ADDRESS IS 19034 US 19 NORTH, FROM COMMERCIAL
GENERAL (CG) TO RESIDENTIAL MEDIUM (RM); 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
Land Use CateQorv
Lot 1, Bradford Court as recorded in Plat Book
111, Page 22, Public Records of Pinellas
County, Florida (LUZ 01-09-08)
From: Commercial General (CG)
To: Residential Medium (RM)
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 Pine lias County Board of County Commissioners,
and subject to a determination by the State of Florida, as appropriate, of compliance with the
applicable requirements of the Local Government Comprehensive Planning and Land
Development Regulation Act, pursuant to 9 163.3189, Florida Statutes. The Community
Development Coordinator is authorized to transmit to the Pinellas County Planning Council an
application to amend the Countywide Plan in order to achieve consistency with the Future Land
Use Plan Element of the City's Comprehensive Plan as amended by this ordinance.
PASSED ON FIRST READING
Ordinance No. 6924-02
.
.
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Brian J. Aungst
Mayor-Commissioner
Approved as to form:
Attest:
Leslie K. Dougall- Id s
Assistant City Attorney
Cynthia E. Goudeau
City Clerk
;(.
Ordinance No. 6924-02
P Lf-).J-
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COUNTYWIDE FUTURE LAND USE PLAN MAP
OWNER:
Bradford Scott Corporation
ZONING
CASE LUZ 01-09-08
." '\ .. .. ._. ____." ._._.......1. _. _ _ .... .'".. ._. .._...._...___._.._..._..__
PROPERTY SIZE (ACRES): 4.3
I
LAND USE
I SITE:
19034 U.S.19 North
I FROM:
TO:
C
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PAGE'
Iii
Ordinance No. 6924-02
,H, I . " ~, ", _ , ' . , . t, " '. , '
ORDINANCE NO. 6925-02
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY
BY REZONING CERTAIN PROPERTY LOCATED ON THE
WEST SIDE OF U.S. HIGHWAY 19 NORTH,
APPROXIMATELY 1060 FEET NORTH OF NURSERY
ROAD AND 320 FEET EAST OF SUMMERLIN DRIVE,
CONSISTING OF LOT ONE, BRADFORD COURT, WHOSE
POST OFFICE ADDRESS IS 19034 US 19 NORTH, FROM
COMMERCIAL GENERAL (CG) TO MEDIUM DENSITY
RESIDENTIAL (MDR); 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
ZoninQ District
Lot 1, Bradford Court as recorded in Plat
Book 111, Page 22, Public Records of
Pinellas County, Florida (LUZ 01-09-08)
From: Commercial General (CG)
To: Medium Density Residential (MDR)
Section 2. The City Engineer is directed to revise the zoning atlas of the City in
accordance with the foregoing amendment.
Section 3. This ordinance shall take effect immediately upon adoption, subject to
the approval of the land use designation set forth in Ordinance 6924-02 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
Ordinance No. 6925-02
P LD :l-
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PASSED ON SECOND AND FINAL
READING AND ADOPTED
Brian J. Aungst
Mayor-Commissioner
Approved as to form:
Attest:
~y~ O,f
~ ., /r "fl,-
Leslie K. Dougall- i es
Assistant City Attorney
Cynthia 'E. Goudeau
City Clerk
. i
Ordinance No. 6925-02
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18911
PROPOSED REZONING AND LAND USE PLAN AMENDMENT
OWNER:
Bradford Scott Corporation
SITE:
19034 U.S.19 North
CASE LUZ 01- 09- 08
PROPERTY SIZE (ACRES): 4.3
FROM:
TO:
ZONING
C
MDR
LAND USE
CG
RM
PIN: 19/29/16/10676/000/0010
ATLAS 3178
PAGE:
Ordinance No. 6925-02
pLD~
CDB Meeting Date: January 22. 2002
Case #: LUZ 01-09-08
Agenda Item No. C-l.
CITY OF CLEARWATER
PLANNING DEPARTMENT
STAFF REPORT
GENERALINFO~ATION
OWNER! APPLICANT: Bradford-Scott Corp/Long Bow Corporation
8751 W. Broward Boulevard
Plantation, FL 33324
REPRESENTATIVE: Todd Pressman
28870 US 19 North, # 300
CleaIwater, FL 33761
LOCATION: 19034 U.S. Highway 19 North
Generally located on the west side of U.S. Highway 19
North, approximately 1,060 feet north of Nursery Road,
320 feet east of Summerlin Drive and 440 feet south of the
Ham Boulevard intersection.
LEGAL DESCRIPTION: Legally described as Lot 1, Bradford Court Subdivision.
PIN:
19/29/16/1 0676/000/0010
REQUEST:
To amend the Comprehensive Plan's Future Land Use Map
from Commercial General (CG) to Residential Medium
(RM), and
To rezone from the Comlnercial (C) district to the Medium
Density Residential (MDR) district.
SITE INFORMATION
PROPERTY SIZE: 187,308 square feet or 4.3 acres
DIMENSION OF PROPERTY: 258 ft. by 726 ft. m.o.l.
, . , "., ~. , . . , . ' I . , . ~ '. ", . .'
PROPERTY USE:
CUlTent Use:
Proposed Use:
Vacant
Townhouses
PLAN CATEGORY:
CUlTent Category:
Proposed Category:
Commercial General
Residential Medium
ZONING DISTRICT:
Current District:
Proposed District:
Commercial (C)
Medium Density Residential (MDR)
EXISTING
SURROUNDING USES:
North: Multifamily Residential and Retail
South: Mini Storage Warehouse
East: Restaurant
West: Florida Power Utility Corridor (Proposed
Recreation Trail)
ANALYSIS
Introduction
This Future Land Use Plan mnendment and rezoning application is requested by the
property owner to build attached townhouses since the Commercial zoning district does
not permit residential development outside of a mixed use development. In recognition
of this limitation) the applicant is requesting anlendments to both the Future Land Use
Plan and Zoning Map to bring this parcel into consistency with the requirements of the
City's Comprehensive Plan, Community Developlnent Code and the Countywide Plan.
The subject property is currently zoned COlnmercial (C) and has a Future Land Use Plan
classification of Commercial General. The subject site involves 187,308 square feet or
4.3 acres and it is currently vacant. The applicant is proposing to amend the Future Land
Use Plan to designate this property Residential Medium (RM) and to rezone the property
to the Medium Density Residential (MDR) District.
The overall site is 4.3 acres in size. Because the property's Future Land Use Plan
designation is proposed to be anlended from Commercial General to Residential Medium,
which has a maximum density of 15 units per acre, this item will be reviewed by the
Department of Community Affairs (DCA) as a large scale amendnlent. The Pinellas
Planning Council (PPC) will review the land use plan amendnlent as a regular
amendment in compliance with Section 5.3.5.2 of the Countywide Plan Rules due to the
subject property's location adjacent to a roadway segnlent that has a level of service
(LOS) below "D."
LUZ 01 -09-08
2
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I. CONSISTENCY \\'1'1'11 CITY~S COIVIPREI-IENSIVE 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 SUl11mmy of the
Clearwater Comprehensive Plan:
. Vacant developable land in Clearwater has been reduced from approximately 1,034
acres in ] 989, to approximately 600 acres in 1996. 1.10st of these parcels are less
than one acre in size. InfilI 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 tecluliques 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 COlnmunity
Development Code.
3. Goal- A sufficient variety and amount of future land use categories shall be
provided to accollUllodate public demand and promote infill development.
The proposed plan amendment is not in conflict with any Clearwater Comprehensive Plan
Goals, Objectives or Policies, and is consistent with the Clearwater Conlprehensive Plan.
The proposed Residential Medium amendment is considered a less intensive category
than the current Coolmercial General category.
II. CONSISTENCY WITH COUNTYWIDE PLAN
Applicable regulations from the Countywide Plan are as indicated below:
2.3.3.2.2 Residential Medium (RM)
Purpose - It is the purpose of this category to depict those areas of the County that are
now developed, or appropriate to be developed, in a nloderately intensive residential
manner; and to recognize such areas as primarily well-suited for residential uses that are
consistent with the urban and intensive qualities, transportation facilities and natural
resource characteristics of such areas.
Locational Characteristics - This category is generally appropriate to locations within or
in close proximity to urban activity centers; in areas where use and development
characteristics are medium density residential in nature; and in areas serving as a
transition between less urban and more urban residential and mixed use areas. These
LUZ 01 -09-08
3
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arcas arc typically in closc proximity to and may havc direct access from thc arterial and
thoroughfare highway network.
The proposed plan amendment is consistent wi th the Countywide Plan.
III. COI\1PATIBILITY '''ITH SURROUNDING PROPERTY/
CHARACTER OF THE CITY & NEIGHBORHOOD
[Section 4-602(F)(2)&4-603(F)(3)]
U.s. Highway 19 North Corridor"
The US Highway 19 North conidor between Gulf to Bay Boulevard and Belleair Road is
characterized primarily by Commercial General. Other Future Land Use Plan
designations include two parcels with Residential/Office General, one parcel with
Residential Low Mediunl and one parcel with Residential Mediunl.
Immediate Surrounding Area
The Future Land Use Plan (FLUP) for the immediate sun"ounding area to the west is
Transportation/Utility, Residential High and Commercial General to the north and
Commercial General, Residential High and Residential Medium to the east.
The existing surrounding uses include condominiums and retail to the north, a mInI
storage warehouse to the south, a restaurant to the east, and a Florida Power utility
corridor to the west.
The proposed land use plan amendment will serve as a transition between the commercial
frontage on U.S. Highway 19 and utility corridor (proposed Florida Power Trail) to the
rear of the property~ The proposed land use plan amendment is conlpatible with
surrounding uses due to the similarity of future and existing uses with the proposed use.
IV. SUFFICIENCY OF PUBLIC FACILITIES
Roadways
The subject site is approximately 4.3 acres and would currently allow 103,019.4 square
feet of retail use in the Commercial General Plan category. Other uses allowed in the
Commercial zoning district include ovelnight accommodations. restaurants, vehicle sales
and display, medical clinics, offices, nightclubs, adult uses, and indoor
recreation/ entertainment.
Based on a maximum pel111itted density of 15 dwelling units per acre, a lnaximlltn
development potential under the proposed Medium Density Residential zoning district,
providing all other district regulations arc met, is 64 dwelling units. Congregate care and
assisted living facilities arc residential equivalent uscs with three (3) beds per permitted
LV Z 01 -09-08
4
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dwelling unit at 15 dwclling units per acre for a total of 192 beds. Howcver, it is highly
unlikely that thc above uses would be able to bc dcvcloped that intensely clue to
Community Development Codc requirements and site planning constraints.
The more intense uses in the Commercial and Medium Density Residential zoning
districts have been analyzed for thc amount of vehiclc trips that could be generated based
on maxilllum development potential. Based on the Institute of Transportation Engineer's
manual and the Pinellas County TranspOliation Impact Fee Schedule, the retail use would
generate the most vehicle trips daily (5,848) and PM Peak I-lour vehicle trips (569) in the
Commercial District.
Maxin1um development potential under the proposed Medium Density Residential zoning
district includes 64 townhouse units. This use could generate 375 trips per day which is
significantly less than the cun-ent Commercial District which could generate 5,848 trips
per day with a retail use.
New Development
Maximum F.A.R.
Retail
Townhouse
Residential
Existing Commercial Zoning:
Avg. Daily Vehicle Trips
PM Peak Vehicle Trips
Proposed MDR Zoning:
Nun1ber of Units:
A vg. Daily Vehicle Trips -
PM Peak Vehicle Trips -
5,848
569
N/A
N/A
64
375
45
N/A - Not Applicable
Source: ITE Trip Generation Manllal, 6/11 Ed., 1997
Pinellas County Transportation Impact Fcc Ordinance
The 2001 Transportation Level of Service manual from the Pinellas County Metropolitan
Plalming Organization assigned the U.S. 19 North segment from Druid Road to Nursery
Road a level of service (LOS) D. The transportation impacts will be significantly less
with Residential Medium than the existing Commercial General Future Land Use
classification, and the LOS for Druid Road and Nursery Road will not be degraded by the
proposed land use amendment and rezoning.
The Pinellas Planning Council's (PPC) traffic generation guideline for the Residential
Mediun1 Future Land Use Plan category is also included in the next table. This guideline
is used by the PPC to review transportation impacts of proposed Land Use Plan
amendments.
LUZ 01 -09-08
5
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Based 011 the Countywide Plan standard for the plllvose of calculating typical traffic
iInpacts relative to plan amendments, a total of 2,000 trips per day will result from the
existing Commercial General plan category at 465 trips per acre per day. The proposed
Residential Medium plan category could generate a total of 413 trips for residential uses
based on 96 trips per acre per day. The proposcd Residential Medium category 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 Druid Road and Nursery Road segment.
MAXIl\1UM POTENTIAL TRAFFIC
U.S. Highway 19 North
Current
Situation
N/A
N/A
80,771
D
Existing
Zoning
5,848
569
86,619
D
Proposed
Zoning
375
45
S 1,146
D
ppe
Guidelines
413
52*
81 , 184
D
Maximum Daily Added Potential Trips
Maximum PM Peak Hour Added Potential Trips
Volume ofD.S. 19 from Druid Road to Nursery Rd.
LOS of U.S. 19 from Druid Road to Nursery Rd.
N/ A = Not Applicable
LOS = Level-of-Service
* = City Calculation of 12.5%
Source: ITE Trip Generation Mal/ual. 6th Ed., 1997
Pinel/as County Transportation Impact Fee Ordinance
Pinel/as County MPO Level of Service 2001
"The Rules" of the Coulltywide Future Lalld Use Plan
The level-of-service for U.S. Highway 19 will not be degraded by the proposed land use
amendment.
Mass Transit
The Citywide LOS for mass transit will not be affected by the proposed plan amendlnent.
The total nliles of fixed route service will not change; the subject site is located within 14
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 U.S. 19
Highway. The closest bus stops are located on the east and west sides of HaITI Boulevard.
Water
Under the current land use designation and zoning, watcr consumption rates could
approach 10,302 gallons per day. Under the proposed Residential Medium land use plan
designation and zoning district, water demand could approach approximately 16,000
gallons per day. "Vatcr dcmand will experience a net increase of 5,698 gallons per day.
However, the land use plan amendment and rezoning will not negatively affect the City's
current LOS for water since there is excess capacity.
Wastewater
Under the current land use plan designation and zoning district, sanitary sewage flow
rates could approach 8,242 gallons per day. Under the proposed Residential Medium
land use designation and zoning district, wastewater demand could approach 12,800
gallons per day. The proposed amendment will result in a net increase of 4,558 gallons
LUZ 01 -09-08
6
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per day. However, the land use plan amendment and rezoning will not negatively a/Tect
the City's cunent LOS for wastewater since there is excess capacity.
Solid "'aste
The current zoning could result in 525 tons of solid waste per year. Unch:r the proposed
Residential Medium land use plan designation and zoning district, 162 tons of solid waste
could be generated per year. The proposed amendment will not adversely affect the City's
cunent LOS for solid waste disposal since there is excess capacity.
Recreation and Open Space
The proposed land use plan amendment and rezoning will not impact the LOS of
recreational acreage or facilities due to available capacity. It however, will require
payment of recreation and open space impact fees due to residential development on
vacant land.
V. IMPACT ON NATURAL ENVIRONMENT [Section 4-603(F)(5)]
Prior to redevelopment of the subject prope11y, site plan approval will be required. At that
time, the stormwater management system will be required to ll1eet all City and Southwest
Florida Water Management District (SWFWMD) stomnvater management criteria. A
tree survey will be required to indicate if there are any significant trees located on the
property. The site is not located within an environmentally sensitive area.
The proposed land use amendment will not have a negative itnpact on the natural
envirorunent.
VI. LOCATION OF DISTRICT BOUNDARIES [Section 4-602 (F)(6)]
The location of the proposed Medium Density Residential boundaries are logical and an
appropriate buffer between the MHDR District to the northwest and the Commercial (C)
District located to the northeast and south. The district boundaries are appropriately
drawn in regard to location and classifications of streets, ownership lines and existing
improvelnents.
VII. CONSISTENCY OF DEVELOPMENT WITH COMMUNITY
DEVELOPMENT CODE AND CITY REGULATIONS
[Sections 2-1201.1. & 4-602(F)(I) and (2)]
The proposed MDR zoning district with the Rcsidential Medium Land Use Plan catcgory
allows a .50 FAR which is less intensive than the existing Commercial zoning district
with an FAR of .55. However, FAR is not applicable to residential development. The
ISR of the proposed MDR District is also less intensive at .75 than the existing
Commercial Zoning District which allows an ISH. of .90. The parcel exceeds lot size and
width requirements for the proposed district.
LlJZ 01 -09-08
7
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Approval of this land use plan amendmen t and zoning district designation does not
guarantee tbe 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 penl1its are requested.
The existing and proposed use of this property is consistent with the MDR zoning district
regulations.
Existing "~s. Proposed Regulations - l\1aximum Development Potential
Existing Commercial Zoning
Proposed MD R Zoning
Floor Area Ratio
(FAR)
.55
.50
hnpervious Surface
Ratio (ISR)
.90
.75
SUl\1MARY AND RECOMMENDATIONS
An amendment of the Future Land Use Plan from Commercial General to Residential
Medium and a rezoning from the Commercial (C) to the Medium Density Residential
(MDR) zoning district for the subject site is necessary to enable the applicant to develop
the subject site with attached (townhouses) residential dwellings. The neighborhood is
surrounded by commercial and multi-family uses. The proposed residential use will blend
into the existing neighborhood and serve as a transition between more intensive multi-
fmnily uses to the northwest and commercialllses to the south and northeast.
The proposed Residential Medium Future Land Use classification and Medium Density
Residential zoning district are consistent with both the City and the Countywide
Comprehensive Plans, is compatible with the sunounding area, does not require nor
affect the provision of public services, is cOlnpatible with the natural environment and is
consistent with the development regulations of the City.
The Planning Department recOlnnlends APPROVAL of the following actions on this
application:
1. Amend the Future Land Use Plan designation of 19034 U.S. Highway 19
(Lot 1, Bradford Court Subdivision) from Commercial General to
Residential Medium; and
2. Amend the Zoning District designation of 19034 U.S. Highway 19 North
(Lot l, Bradford Court Subdiyision) from Commercial (C) to Medium
Density Residential (MDR).
LUZ 01 -09-08 8
Submitted by:
:t~ ~~;e
~~
Etim S. Udoh
Senior Planner
_i'
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 A.1nendment
LUZ 01 -09-08
9
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BradfOrd Scott Coporatiopn
19034 Us. 19 North
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Final Agenda Item #
OSI
IJ-
Clearwater City CommissIon
Agenda Cover Memorandum
Worksession Item It:
Meeting Date: 02/21/02
SU BJECT/RECOMM ENDA liON:
Adopt a City Commission Policy Statement to establish Criteria for Waiver/Reduction of Lot Clearing and
Nuisance Abatement/Demolition Liens.
IE) and that the appropriate officials be authorized to execute same.
SUMMARY:
On January 18, 2001, the City Commission forgave $2,000 of the principal and interest ($2,367. 77) for liens
that were placed on a property for lot clearing violations, as the previous owner did not clean up the site. The
new property owner was keeping the property well maintained. Although, the new owner was aware of the
costs prior to purchasing the property I he asked for the reduction in the liens affixed based on the
improvements he had made. The Commission approved a waiver of $2,000 of the costs, and directed staff
to standardize guidelines for future reviews of such requests.
When a property owner does not clean up a site, or demolish an unsafe structure, to give two examples, the
result is the city hiring a contractor to do the work. Any costs that the city incurs on projects like these are
billed to the property owner and if not paid in a timely manner will result in placing a lien against the property.
There are 279 lot clearing liens, totaling $92,000, 36 code enforcement liens, totaling $1,569,520 and 47
minimum housing code/demolition liens, totaling $203,280, still currently in place on properties in the City.
In an effort to encourage re-development and aesthetic improvements for properties, as confirmed by the
Commission's January approval of the waiver/reduction of the lot clearing lien, staff is proposing factors for
consideration of waivers/release of liens which have been placed on properties that were previously found to
be in non-compliance with codes. Most of the existing lot clearing, nuisance abatement and unsafe
structure/demolition liens were placed by the City Commission following other legal efforts to correct non-
compliant situations such as overgrown lots. Staff recommends that the City Commission approve the
factors in the form of a policy statement for waiver/reduction of liens placed by the City Commission. The
Municipal Code Enforcement Board will continue to review requests for waiver/reduction of liens placed on
properties by that board.
Attached is the recommended City Commission Policy Statement for use in the consideration of requests to
waive/reduce lot clearing and nuisance abatement/demolition liens which have been placed on properties by
the City Commission.
NA
Info Srvc NA
Public Works
DCMlAC~
CCS
Public Utilities
Originating Dept:
Development Services
User Dept.
Development Services
(Jeff Kronschnabl)
Attachments
k..ecPolicy Statement.
Guidelines for Waiver of Lot
Clearing and Nuisance
Abatement/Demolition Liens
Costs
Total
Reviewed by:
legal
Budget
Purchasing
Risk Mgmt
1
0A_o
~
NA
NA
Current FY
Funding Source:
CI
or
Other
o None
M..v- ~ ·
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Appropriation Code:
paper
Rev. 2/9B
. :. i, ; ~ , . _ .... '. Of, ..'
I
CLEARWATER CITY COMMISSION
Policy Statement
General Topic
Subject:
Date Adopted:
Waiver/Reduction of Liens
Lot Clearing I
Nuisance Abatement,
Unsafe Structure/
Demolition Liens
Amends:
Rescinds:
Reference:
Statement
In order to encourage (re) development of properties for enhancement of property
values and living conditions in the City, the following factors will be considered for
requests for waivers/reductions of lot clearing, nuisance abatement, and/or unsafe
structures/demolition liens.
. Whether the violation has been brought into compliance regarding the violation
cited.
o Whether extreme or undue hardship is shown regarding payment of the lien
and/or regarding coming into compliance with code requirements during the
required time.
. Whether there are existing code violations on other properties owned by the
violator or prospective purchaser.
. Whether there is a development or redevelopment proposal regarding the
property which would result in improvement or upgrade of the property.
. Whether, given such a development or redevelopment plan, it would be
impractical to take the compliance action directed by the City Commission.
. Whether payment would hinder a proposed sale of the property.
. Whether an appraisal of the property, submitted by the applicant, demonstrates
to the City that the cost of the lien has been absorbed.
. The amount of a lien will not be reduced below the amount representing
administrative costs incurred by the City regarding the case.
~ " ' ". "" , . I , ' ," . '. ' " .
Final Agenda Item #
6S~
13
Clearwater City Commission
Agenda Cover Memorandum
Worksession Item #:
Meeting Date: 0 ~ .~ I -0 ;l
SUB) ECl/RECOMMEN DA liON:
Award a contract to Gemini Inc. of Tarpon Springs, FL for $24,000 to paint the Parks Beautification
Complex,
1&1 and that the appropriate officials be authorized to execute same.
SUMMARY:
. The Parks Beautification Complex (PBI Complex) was cited as a city facility that did not meet the new
Community Development Code requirements.
. . Quotations were solicited for the painting of the PSI Complex, and the lowest, most responsive quotation
was from Gemini Inc. for $24,000.
. To meet the requirements of the City's Community Development Code, the painting needs to be done.
. While the project was included on the Capital Improvement Project list, it was not funded. $4,000. has
. been identified as available for use in this project. A first quarter budget amendment will provide the
additional $20,000 needed in the project with an appropriation from General Fund unappropriated retained
earnings.
Reviewed by:
Legal NA
Budget A.iJ
Purchasing ~
Risk Mgmt NA
Info Srvc NA
PublicWo~
DCMlACM --l;;2. -
Other
Originating Dept: A) .JI .
GSS (James Wood) , f\ . yt1 , 0
User Dept.
Parks & Recreation
Attachments
Costs
Total 24,000
Current FY 24,000
Funding Source:
CI
OP
Other X
Submitted by: 7) " I l'
City Manager ~ ~..~
Printed on recycled paper
o None
A ro riation Code: 315-94517-530300-519-000
Rev. 2/98
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PAINT SPECIFICATIONS FOR
PARKS BEAUTIFICATION INFRASTRUCTURE (PBI)
PARKS FIELD OFFICE
507 VINE AVENUE'
NOVEMBER 19, 2001
CITY OF CLEARWATER
OWNER
CITY OF CLEARWATER
P.O. BOX 4748
CLEARWATER, FL 34616-4748
, "
CITY CONTACT
TECHNICAL INFORMATION
MR. TED STRAND
1900 GRAND AVENUE
CLEARWATER, FL 33765-1911
727-562-4710 EXT.2807
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TABLE OF CONTENTS
CITY OF CLEARWATER
SPECIFICATIONS FOR THE PAINTING OF
PARKS BEAUTIFICATION INFRASTRUCTURE (PSI)
PARKS FIELD OFFICE
507 VINE AVENUE
1.1 DESCRIPTION OF WORK
A. The specifications herein are intended to be used as a general guide for
the successful submitter (hereinafter called the Contractor). It shall be the
responsibility of the Contractor, by conducting a job site inspection, to
determine the scope of the work to be completed and the actual working
conditions. Recommendations or proposed changes to the specifications
shall be discussed with the City's Building and Maintenance
Superintendent before the quotations are submitted. Should a conflict
arise between these specifications and those of the selected product
manufacturer, the latter shall prevail; however, any such discrepancies
should brought to the immediate attention of the Building and
Maintenance Superintendent in writing.
B. In general, the work consists of, but is not limited to, the following:
1
1. Proper surface preparation, including pressure cleaning and
mechanical cleaning (where applicable) of all surfaces to receive
coatings.
2. Surface repair, including patching, caulking, and sealing of all
joints and surfaces to receive coatings.
3. Application of sealers, primers, and paint coatings in strict
compliance with coating system manufacturer's requirements
and conditions.
1.2 GENERAL NOTES:
A. All applicable permits are the responsibility of the contractor. City of
Clearwater permit fees will be waived by the City.
B. All work and activities must be in compliance with all existing codes and
regulations.
C. The Contractor shall be responsible for the prevention of damage or injury
to surrounding buildings, landscaping, vehicles, personnel, and any
adjacent surfaces not intended to receive a surface coating.
D. The contractor shall furnish all necessary material, equipment, and labor.
E. Owner will provide water and electricity via existing connections.
Contractor shall make, at his expense, any reasonable system
modifications necessary to accommodate contract needs and shall
restore system( s) to original condition upon completion of project.
F. Normal safety signage, temporary fencing/barricades, required lighting,
etc. shall be in place and maintained in accordance with OSHA and any
other applicable regulations while project activities are in progress.
G. The Contractor shall be required to furnish the Owner with Public Liability,
Property Damage, Workman's Compensation, and liability Insurance.
H. The following types of insurance, limits of liability, and policy extensions
are required of the Contractor and all subcontractors:
1. Workman's Compensation and Employer's Liability Insurance:
a. State - Statutory
2. Broad Form Comprehensive General Liability Insurance (including
Operations-Premises, Elevators, Contractor's Protective Liability),
Subcontractor's Operations, Products-Completed Operations, and
Contractual Liabilities, plus excess coverage as may be
appropriate for the limits listed:
a. Bodily Injury - $1,000,000. Each occurrence;
$1,000,000. Annual Aggregate.
b. Personal Injury, with Employment Exclusion deleted
$1,000,000 each person; $500,000 each Occurrence
Property Damage - $500,000 Each occurrence and
$500,000 Annual Aggregate.
3. Comprehensive Automobile Liability Insurance (Owned, Hired, and
Non-Owned Motor Vehicles):
a. Bodily Injury - $300,000 Each Person; and $300,000
Each Occurrence
b. Property Damage - $1,000,000 Each Occurrence
4. Provide the Owner with a current insurance certificate. No
exclusions for water damage shall be on the policy restrictions.
5. The Contractor shall not commence work under this contract until
he has obtained all insurance required under 1.2 of this contract
and all insurances have been reviewed by Owner. Owner shall be
named as Co-Insured on the Policy as an amendment prior to
commencing with work activities.
I. To be finished are all previously field-finished exterior surfaC?es of
primary building color exposed to view, including, but not limited to:
2
Concrete & concrete masonry, exterior plaster & stucco, wood, metal
items, exposed metal structural members, flashings, opening frames &
items, rain drainage accessories, fences/retaining walls, tank/silo
exteriors, piping, ductwork, brackets, hangers, supports, and shop-primed
items. Trim color(s), if specified, shall be used only in designated areas.
J. The following items are not to be finished, unless otherwise indicated in
writing: Surfaces not previously field-finished with primary building color,
items specified or provided with factory finish, items indicated to
. receive other finish or remain naturally finished, unpainted brick, integrally
colored plaster, stainless steel, anodized aluminum, bronze, terne, lead,
equipment/safety nameplates & labels, operating equipment parts,
concealed piping/ductwork/conduit, and acoustical or other materials with
specific design characteristics which would compromised by the
application of or preparation for a field finish. OSHA safety colors must
be maintained.
K. Materials and products having factory-applied primer are not considered
factory finished.
3
. L. Once a product manufacturer is selected, only products furnished or
recommended by this manufacturer (hereinafter referred to as
Manufacturer) shall be utilized for this project unless an exception is
granted in writing by the City's Building and Maintenance Superintendent
before quotations are submitted. All products utilized shall be of proper
type for surfaces to be coated and existing conditions as specified by
Manufacturer.
M. A pre-submittal conference wi II be held at the job site on December 3,
2001, at 9:30 AM. This is a mandatory meeting for all contractors
planning to submit quotations.
N. Sealed quotations shall be submitted on attached form by December 6,
2001, at 3: 00 PM to:
. CITY OF CLEARWATER - General Support Services
Attention: Building & Maintenance Superintendent
1900 Grand Avenue
Clearwater, FL 33765-1911
2.1 WORKMANSHIP
A. Materials shall be applied by skilled tradespersons - by spreading
material evenly and flowing smoothly without runs, sags, thins,
brush/roller marks, orange-peel, wrinkles, streaks, shiners, pin holes, or
other application imperfections. Manufacturer's maximum specified
spread rate for surface indicated shall not be exceeded. The Contractor
will warrant workman-ship for a period of one (1 ) year and Manufacturer
will provide a limited five (5) year warranty commencing upon acceptance
of project by Owner.
2.2 APPLICATION CONDITIONS
A. Paint only in dry weather when temperature is 50 of or higher. Stop
exterior work sufficiently early to permit film to set up before condensation
or frost caused by night temperature drops occur. Do not begin painting
until surfaces are completely moisture free. Defer painting two to three (2
- 3) days after rain.
B. Measure moisture content of surfaces using an electronic moisture meter.
Do not begin application of coatings unless moisture content of the
surfaces is below the following values: Gypsum soffits - 12%; plaster-
12%; masonry surfaces - 12%; wood surfaces - 150;0; vertical concrete
. surfaces - 12%; and horizontal concrete surfaces - 8%.
C. Sweep dust, dirt, and debris away from work areas before painting.
D. Do not varnish or enamel outside in direct sunlight.
E. As a minimum, unless otherwise specified, system shall consist of a
prime coat, followed by two (2) finish coats. Allow Manufacturer's
specified drying time before applying next coat to ensure proper coating
adhesion. Apply each coat to uniform thickness and finish, with each coat
slightly darker than the preceding coat. Final coat shall achieve specified
color and total opacity.
3.1 MATERIALS
A. The paints herein specified are known to be suitable and will be used as
the required standards of quality for this work. Primary product specified
for this project shall be: Porter Paints, "Acri-Pro 100 Semi-Gloss #6029/
6030 Series or a Florida-formulated equivalent which meets or exceeds
the following minimum criteria:
4
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, . ~" ., .' I ,.
1. Pigment Volume Concentration (PVC) shall be 21 % or higher.
2. Titanium Dioxide (TI02) content shall be 94% of pigment or higher.
3. Acrylic Resin (Solids) content shall be 22%) of vehicle orhigher.
4. Mildewcide and other additives shall be of sufficient type and
quantity as to adequately address Florida climatic and
environmental conditions
B. Evaluation and approval of product equivalency submittals shall be made
by the City's Building and Maintenance Superintendent and shall have
been submitted as part of bid package.
C. All materials utilized in this project shall be produced by or approved
by the Manufacturer and will be delivered to the job site in original sealed
containers.
D. Only Manufacturer-approved thinners or other additives are to be utilized,
and only in amounts specified for intended application.
4.1 COLORS
A. Colors will be specified by the City's Building and Maintenance
Superintendent. Color schedules shall be furnished to the painting
contractor before application of prime coats. Prime and intermediate
coats will be tinted to approximate shade of final coat (application of
sliohtlv lighter shades to facilitate visual verification of proper coverage
is permissible).
B. Primary color for this project shall be selected by the City and will be
used on specified building exteriors and all appurtenant features and
devices which were previously painted the same color as the building
itself. Trim color(s), when specified, shall be applied in designated areas
only.
5.1 STORAGE AND USE OF PREMISES
A. Deliver products to site in sealed and properly labeled containers.
B. The Contractor shall confine the storage of his equipment and material to
the area designated by the City's Project Representative. All materials
5
and equipment shall be stored in a single designated location and this
area shall be maintained by Contractor in a clean and safe condition.
C. Materials shall be stored in a safe manner which meets ambient storage
requirements of Manufacturer.
D. Inflammable and/or hazardous materials shall be stored, handled, and
used in an approved manner and removed from the site daily.
6.1 SURFACE PREPARATION
A. Each surface shall be cleaned and prepared as specified. Surface to
receive paint should be free of contaminants, fungus, algae, or any form
of surface dirt that would cause unsatisfactory job results (e.g., mildew,
form release agents, peeling paint, smoke damage, and water stains,
etc.). The Contractor is responsible for the finish of his work and it is his
responsibility to identify existing surface conditions prior to submitting a
bid. Subsequently, any unsuitable surface conditions must be corrected
prior to the application of any material.
B. All surfaces to be painted shall be water blasted at 2500 PSI or greater,
depending upon substrate conditions (lower pressures shall be used with
"Dry-vit" systems and other damage-prone surfaces to prevent damage),
with the following solution to remove mildew, mildew spores, and other
surface contaminants:
1. Cleaning solution - Mix thoroughly 1 part bleach to 3 parts water.
Let solution remain on surface one-half hour and rinse thorouQhly
with potable water. If dirt remains, wash with a non-sudsing
detergent (e.g., "Soilax"). Thoroughly rinse and allow to
completely dry before applying coating.
6
C. Ferrous metals shall be wire brushed or sanded (SSPC-SP2 or SP3) to
remove any loose particles and wiped clean with specified solvent
(SSPC- SP1) to remove all oils and grease. Detergent wash if necessary
to remove dirt, dust, and foreign matter. Zinc-coated/galvanized metals
should then be etched with specified metal prep product.
D. Non-ferrous metals shall be solvent cleaned (SSPC-SP1) with specified
solvent to remove all oils and grease. Aluminum shall be treated with
specified metal prep product to provide an etched surface.
E. Painted wood surfaces shall be carefully inspected for evidence of
deterioration or surface imperfections. Remove all oil, grease, wax, and
. .
" " I:" of".. .' ,'., ',.'
chalk with appropriate cleaner and rinse with clean water. Sandpaper
hard, glossy surfaces to assure proper adhesion. Knots and sap streaks
shall be sealed to prevent bleeding. All rusty nail heads shall be treated
with a phosphoric acid-based solution, countersunk and puttied with an
oil-based product and/or spot primed to prevent further bleed. Fill all
holes, cracks, or other imperfections with appropriate putty or caulk after
prime coat is dry. Edges, corners, and raised grain shall be eased by
sanding. Sand between coats but not the final coat.
F. Loose and scaling paint not removed by pressure washing shall be
removed by wire brushing or other appropriate mechanical means.
7.1 INSPECTION, SAMPLES, AND JOB STANDARDS
A. Dry film thickness (D.F.T.) is important to the durability and integrity of the
paint finish and will be checked with a properly calibrated Nordson
Mikrotest Dry Film Thickness Gauge or other specifically approved
instruments of equal or superior accuracy.
7
8. It will be the Contractor's responsibility to furnish and use a wet film
thickness gauge to check his application thickness as he proceeds. . This
method, when checked against the volume solids and coverage rates, is
the best guide in determining what the dry thickness will be.
C. Contractor shall perform small sample areas of each phase of work which
will be subsequently checked by the City's Project Representative. This
will serve, upon acceptance, as the job standard for the remainder of this
phase of work. This will also prevent any misunderstanding as to
interpretation of specified standards.
D. The Contractor shall advise the Project Representative, prior to beginning
each phase of work, with sufficient advance notice that the resultant
inspection will not interfere with the Contractor's work schedule.
E. Contractor is responsible for applying as many coats of paint products as
specified by Manufacturer to meet warranty requirements and as
necessary to achieve specified color, uniform coverage, and total opacity.
8.1 MASONRY REPAIR, PATCHING, AND CAULKING/SEALANT
PROCEDURE
A. Prior to any caulking or crack repair, all substrates must be pressure
cleaned and treated with fungicide for the removal of all mildew, dirt,
loose/peeling paint, or any other foreign matter. Recommended mixture
for mildew treatment is found under Section 6.1 (8.1) of this specification.
Allow adequate drying time of all substrates prior to applying products.
Minor cracks in stucco, exposed block, or poured concrete shall be
patched with appropriate patching compound, after proper cleaning and
application of specified bonding sealer. All cracks shall be primed with a
thinned solution (reduced 100% with specified solvent) of bonding coat
prior to applying patching or caulking material. Workmanship shall result
in the patched area closely matching adjacent surfaces. Patching materials
must be fully cured in accordance with product specifications before
applying coating. New concrete and mortar shall be cured under normal
conditions for thirty (30) days prior to coating.
B. All construction joints and expansion joints shall be carefully inspected for
caulking deterioration, loss of adhesion, cracking, or other loss of
properties. Deteriorated caulking shall be removed and the area properly
cleaned and primed to assure adhesion to both surfaces when recaulked.
A neoprene rope or other acceptable backer material shall be used if
opening is more than 1 f8".
8
C. All masonry cracks of hairline magnitude (1/8"or less) shall be patched
. with appropriate elastomeric patching compound, then feathered and
textured to match adjacent surfaces..
D. Sound out all masonry cracks to determine bond to substrate. If hollow
sound and/or visual examination indicates bond is questionable, remove
loose material, thoroughly clean, apply bonding agent, and repair
with appropriate material to match adjacent surfaces.
E. Remove all tape, patching compound, caulking, or sealant from any
previously patched areas and re-patch after performing proper cleaning
and application of bonding agent.
F. Concrete primer and patching materials shall be approved by Project
Representative and shall be compatible with surfaces to which they are to
be applied as well as with subsequent finish materials.
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9.1 REPAIR OF CRACKS IN VERTICAL STUCCO WALLS
A. All masonry surfaces shall be cleaned and treated with an acceptable
pigmented bonding coat prior to patching, unless otherwise specified.
B. All construction joints and expansion joints shall be carefully inspected for
caulking deterioration, loss of adhesion, cracking, or other loss of
properties. Deteriorated caulking shall be removed and the area properly
cleaned to assure adhesion to both surfaces when recaulked. A
neoprene rope or other acceptable backer material shall be used if
opening is more than 1/8".
C. All masonry cracks of hairline magnitude or less shall be patched with
appropriate elastomeric patching compound.
D. Sound out all masonry cracks to determine bond to substrate. If hollow
sound and/or visual examination indicates bond is questionable, remove
loose material, thoroughly clean, apply bonding agent, and repair
with appropriate material to match adjacent surfaces.
E. Remove all tape, patching compound, caulking, sealant or silicone
products from any previously patched areas and re-patch after performing
proper cleaning and application of bonding agent.
F. Concrete primer and patching materials shall be approved by Project
Representative and shall be compatible with surfaces to which they are to
be applied as well as with subsequentfinish materials.
9
10.1 EXTERIOR STUCCO, BLOCK SURFACES, AND CONCRETE/
MASONRY
A. Prepare surfaces in accordance with Manufacturer's requirements and
Section 6.1 as applicable.
B. Repair surfaces in accordance with Manufacturers requirements and
Sections 8.1 & 9.1 as applicable.
C. Apply primer/sealant in accordance with Manufacturer's requirements for
intended surface. Product(s) shall be tinted in accordance with Section
4.1 and Manufacturer requirements.
D. Apply finish coat(s) of specified semi-gloss acrylic product in accordance
with Manufacturer's requirements for total dry film thickness necessary to
, ,I ~ ' . . ' ., , . . """.
achieve uniform coverage, specified color, total opacity, and fulfill
warranty conditions. Final color shall be in accordance with Section 4.1.
11.1 EXTERIOR UNEXPOSED STUCCO HALLWAY WALLS
A. Prepare surfaces in accordance with Manufacturer's requirements and
Section 6.1 as applicable.
B. Repair surfaces in accordance with Manufacturer's requirements and
Sections 8.1 & 9.1 as applicable.
C. Apply finish coat(s) of specified semi-gloss acrylic product in accordance
with Manufacturer's requirements for total dry film thickness necessary to
achieve uniform coverage, specified color, total opacity, and fulfill
warranty conditions. Final color shall be in accordance with Section 4.1
12.1 EXTERIOR STEEL DOORS, DOOR JAMBS, AND POLES
A. Prepare surfaces in accordance with Manufacturer's requirements and
Section 6.1 as applicable.
B. Apply primer/sealant in accordance with Manufacturer's requirements for
intended surface. Product(s) shall be tinted in accordance with Section
4.1 and Manufacturer requirements.
C. Apply finish coat(s) of specified direct-to-metal (DTM) gloss acrylic
. product in accordance with Manufacturer's requirements for total dry film
thickness necessary to achieve uniform coverage, specified color, total
opacity, and fulfill warranty conditions. Final color shall be in accordance
with Section 4.1.
13.1 EXTERIOR FERROUS METAL (NOT PREVIOUSLY FIELD-FINISHED)
A. Prepare surfaces in accordance with Manufacturer's requirements and
Section 6.1 as applicable.
B. Apply primer/sealant in accordance with Manufacturer's requirements for
intended surface. Product(s) shall be tinted in accordance with Section
4. 1 and Manufacturer requirements.
C. Apply finish coat(s) of specified direct-to-metal (DTM) gloss acrylic
product in accordance with Manufacturer's requirements for total dry film
10
thickness necessary to achieve uniform coverage, specified color,
total opacity, and fulfill warranty conditions. Final color shall be in
accordance with Section 4.1.
14.1 EXTERIOR NON-FERROUS METAL (NOT PREVIOUSLY FIELD-
FINISHED)
A. Prepare surfaces in accordance with Manufacturer's requirements and
Section 6.1 as applicable.
B. Apply primer/sealant in accordance with Manufacturer's requirements for
intended surface. Product(s) shall be tinted in accordance with Section
4.1 and Manufacturer requirements.
C. Apply finish coat(s) of specified direct-to-metal (DTM) gloss acrylic
product in accordance with Manufacturer's requirements for total dry film
thickness necessary to achieve uniform coverage, specified color, total
opacity, and fulfill warranty conditions. Final color shall be in accordance
with Section 4.1.
15.1 EXTERIOR WOOD SURFACES
A. Prepare surfaces in accordance with Manufacturer's requirements and
Section 6.1 as applicable.
B. Apply primer/sealant in accordance with Manufacturer's requirements for
intended surface. Product(s) shall be tinted in accordance with Section
4.1 and Manufacturer requirements.
C. Apply finish coat(5) of specified semi-gloss acrylic product in accordance
with Manufacturer's requirements for total dry film thickness necessary to
achieve uniform coverage, specified color, total opacity, and fulfill
warranty conditions. Final color shall be in accordance with Section 4.1.
11
16.1 SPECIAL CONDITIONS
A. All work must commence within two (2) weeks of contract awarding.
B. All work must be completed within two (2) weeks of project
commencement date. Target completion date is December 31, 2001.
C. Failure to complete all work within specified time period, allowing for
documented and verifiable rain days, will result in a penalty of fifty dollars
($50.00) per day being enforced.
D. Upon City-acceptance of completed project, final invoice must be
accompanied by required documentation (i.a., warranties, waivers of lien,
etc) and shall be submitted to the Building and Maintenance
Superintendent for approval and processing.
12
f~: ,:;
.ITE #
/ (J(J 9
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Final Agenda Item /I
fA /
1'-1
Clearwater City Commission
Agenda Cover Memorandum
Worksession Item II:
Meeting Date: 2/21102
SUBJECT/RECOMMENDATION: Approve a fifteen year lease and a subsequent renewable lease
extension for up to 30 years between Pinellas Community Center, Inc. AKA The Long Center and the
City to lease City land for the operation of a facility for public recreation currently known as The Long
Center, including an annual lease payment by the City,
l&l and that the appropriate officials be authorized to execute same.
SUMMARY:
. Pinellas Community Center Ine. (Center) currently leases property from the City at 1501 North Belcher
Road for the purpose of operating a public recreational and educational facility. The lease is scheduled to
expire April 19, 2006.
. Since this was the original operational lease, during the 10 years of this agreement the staffs at both the
Center as well as the City have found the lease does not adequately address the actual working
relationship with both organizations. It is the opinion of both organizations to craft a lease agreement
that is consistent and functional as to how the City and the Center will transact business and the City will
uti! ize the fad I ity.
. The new agreement provides for a City presence in the offering of diverse programming for the
community. Highlights of the new agreement include:
~ Priority use for City scheduled programs and activities. In addition, a priority of use ranking has been
establ ished.
~ Annual base lease payment of $327,000 with an annual COLA adjustment of three percent. Lease
payment includes program use, office space, storage for all City and City co-sponsored programs. An
annual capital improvement project in the amount of $67,000 to fund capital replacement items,
formerly known as the sinking fund, will be established. Lease payment and capital improvement
funds are subject to annual City budget appropriation.
~ Core programming protection for the City for any programs or rental that might compete with,
encroach or acoustically interfere with any City offering.
~ Detailed revenue and expense reports.
~ Up. to four swim meets and four athletic tournaments in the facility with no rental fee. Prevailing
Center rental fees will be applicable for tournaments that exceed these thresholds.
. Reaffirms the original intent of the facility and also that the facility is to be maintained, operated, open
and accessible to the public in a manner generally consistent with the operation of City public
recreational facilities.
. Staff recommends approval of a fifteen-year lease between the Center and the City for the operation of the
long Center and also the renewable extension.
Reviewed by:
Legal e---
Budget ~
Purchasing lNJA
RiskMgmt ~
Submitted by: 12". 11. A
City Manager ~ ~
Printed on recycled paper
Info Srvc N/A
Public Works N/A
DCMlACM~ ~
Other I
Originating Dept:.. ~
Kevin Dunbar V""
Parks & Recreation Department
User Dept.
Parks & Recreation
Attachments
Costs
Total N/A
Current FY N/A
Funding Source:
ClP
OP
Other
o None
Appropriation Cod,e:
Rev. 2/98
. '. ' " , '. .. " l' . . ' . ,'. . ~,' , .' ','t ;" ,'.. .. " I .
PR 1/<f
LEASE AGREErvlENT
TIDS AGREEMENT made and entered into on the day of , 2002,
by and between the CITY OF CLEARWATER, FLORIDA, a municipal corporation,
hereinafter referred to as "City", and Pinellas Community Center, Inc. AKA The Long
Center, hereinafter referred to as "Center", a Florida non-profit corporation whose
address in 1501 North Belcher Road, Suite 225, Clearwater, Florida 33765.
WITNESSETH:
WHEREAS~ the City is a municipal corporation owning certain land located on
Belcher Road in the City of Clearwater; and
WHEREAS, the Center desires to lease said land from the City for the purpose of
operating a facility for public recreational, educational, and training programs~ and to
.1
maintain and operate the property to be open and accessible to the public in a manner
generally consistent with the operation of City public recreational facilities, subject to
reasonable rules imd regulations as may be established from time to time by the Board of
Directors of the Center hereunder; and
WHEREAS~ the City finds that the lease of the property for such use is for a
proper public purpose; and
WHEREAS~ the Center has established a foundation for the purpose of generating
monies to assist in maintaining the premises and its improvements; and
WHEREAS, the City is not obligated to meet the threshold as established by the
Foundation as part of its Agreement with the Community Foundation of Tampa Bay.
WHEREAS, it is understood that the operating budget of the Center is comprised
of a combination of public and private funds and such funds are not separated by the
Board of Directors.
WHEREAS, the City and the Center have partnered in the operation and operating
and maintenance of facility with the City offering a variety of programs for the residents of
the City of Clearwater; and
WHEREAS, the City and the Center desire to abolish the lease agreement
executed in 1991 in order to establish a new agreement that reaffirms mission of the
Center to provide local communities with quality recreational facilities that offer a broad
... , ,~',' , \ I,. ~ J..~' , ..'. . ., .' . , ! .' . ", . J " '.. . J . . I I . " . . . .'~' l'
range of activities for individuals and family groups of all ages and abilities and to better
specify financial obligations and facility use among the involved parties,
NOW, THEREFORE in consideration of the faithful perfomlance by each of the
parties of the covenants and agreements between each other made, it is mutually agreed
bet\veen the parties hereto as follows:
1. For and in consideration of the sum of One Dollar ($1.00) per year and other
good and valuable consideration to it in hand paid, the receipt whereof is hereby
acknowledged, the City does hereby lease unto the Center that certain parcel of real
property located in Pinellas County, Florida, which is described in Exhibit A attached
hereto.
2. The term of this agreement shall commence on February _,2002 and end
on April 18, 2016. This lease is renewable for successive five-year periods until April 18,
2046. However, nothing in this paragraph shall be deemed a waiver by the City of its
rights to cancel or not to renew this Agreement as provided in Paragraphs 16 and 20. As
used herein, the expression "term hereof' refers to the initial term hereunder and to any
extension thereof as herein provided.
3. The Center has constructed recreation, education and athletic facilities
(hereinafter referred to as the "Project") including but not limited to an Olympic size
swimming pool, an indoor gymnasium, a playfield, additions as may be approved from
time to time and accessory facilities related thereto. The development of the property has
been in accordance with a site plan approved by the City.
4. The City and the Center agree that the Board of Directors of The Pinellas
Conununity Center, Inc., dba The Long Center, will serve as the policy making body for
the facilities throughout the tenn of this Agreement. The Board of Directors of The
Pinellas Community Center, Inc., dba The Long Center, consists of a maximunl of twenty
one members, and no less than two of the twenty-one will be appointed by the City and
one ex officio member to be the City Manager or his designee. The Long Center Board
of Trustees, for foundation deyelopment, may appoint three (3) members with one (1) of
the three (3) being a resident of the City of Clearwater. The Board of Directors shall
serve the Center according to its articles of incorporation and by-laws, which may not be
2
amended in any manner which is inconsistent with any of the provisions of this agreement
during the term hereof without the consent of the City. The total number of members of
the Board of Directors ofPinelJas Community Center, Inc., aka The Long Center, cannot
be increased without the consent of the City.
5. The Center shall not use the leased premises for any purpose or purposes other
than for recreation, education and training and in the use agreements as described herein.
6. The Center shall not have the right to assign this lease or sublease any of its
rights under this Agreement without the prior consent of the City. The Center shall not
have the right to mortgage, transfer, hypothecate, pledge or dispose of the leased property
in any form or manner whatever without the prior consent of the City.
7. The Center agrees that it will not make any physical changes to or construct
new permanent facilities on the leased property without City approval. The City Manager
or his designee will have authority to approve minor site plan changes, with City
Commission approval required for major revisions.
8. The Center shall make no unlawful, improper or offensive use of the leased
property nor permit its use in any way to become a nuisance.
9. To provide the lowest possible cost to the community the Center will
encourage Use Agreements for the project with other non-profit agencies whose mission
is to provide recreational/educational programs for the general public. These agencies will
be referred to as sponsoring agencies and will make a capital investment in the Center, in
an amount approved by the City and such approval will not be unreasonably withheld, and
pay fees or rentals for specific usage or space. The sponsoring agencies will provide
supervision and personnel necessary including contract instructors to conduct their
programs. In the case of core programming (Exhibit D) conflict(s), the Center will yield
the use time in support of the City. Any sponsor agency has the right to appeal to the
Executive Committee of the Center.
Priority order of scheduling:
1. Maintenance
2. Sponsoring Agency (Subject to the Center's policy on open community usage,
the Center, during all open hours, will schedule space within its facilities to
)
.
It;
accommodate public usage along with sponsor agency lise, based on the annual
schedule.)
3. Rentals
4. Long Center Programs
It is understood that the sponsor agencies will meet on a regular basis to schedule
their core programs with the Long Center staff. . An approved schedule of core
programming will be distributed to the agencies at the same time the schedule is
established. For any conflicts not resolved by the agencies and Long Center staff, an
appeal to the Executive Committee can be made as noted above.
Any additional activities sought to be scheduled that compete with, encroach or
acoustically interfere with the City's approved core programs shall require concurrence
from the City. Such concurrence will not be unreasonably withheld by the City.
The following sponsoring agencies currently have Use Agreements:
Clearwater for Youth, Inc. Exhibit B
Upper Pinellas Association for Retarded Citizens Exhibit C
City of Safety Harbor Exhibit D
4
10. Subject to the provisions of this Section, the Center will be responsible for all
costs of operations, maintenance and repair of the Project including all improvements to
the leased property. All income derived from the use of the leased property by the Center
shall be used for the operation and maintenance of the Project. The City, as a sponsoring
Agency, and along with all other Sponsoring Agencies, in recognition of the benefits
derived by the City and the other Sponsoring Agencies from the use of the Project hereby
agrees to pay $327,510 for the first year of this agreement with an annual cost of living
adjustment of three percent for funding the operating requirements of the Project based on
the Center's annual Budget Plan. The City's obligation to pay is subject to the
appropriation of funds in the operating budget of the City for such purposes in each
subsequent fiscal year of the City; provided, that the City shall not be obligated to
appropriate ad valorem tax revenues for such purposes. (Under the Florida Constitution,
the City Commission cannot enter into an agreement that binds future City Commissions
to payments that are not included in the annual budget. Also, an obligation to pay from ad
valorem tax revenues may be construed as a "bond" for which referendum approval may
be required.)
(a) Annual Budget - The Center agrees that it will each year in accordance with the
City's schedule prepare and present a line item budget for the Center. Said budget shall
include, at a minimum, a projected income and expense statement and projected earned
balance sheet and statement of projected sources and applications of funds. Presented
budget to include previous fiscal year, proposed fiscal year and project budget for the
following fiscal year. In preparing the annual budget for the City, the following terms
shall apply:
(i) Total Revenues - Total revenues of the Center for purposes of the
annual budget shall include all revenues received from the Center from any source which
the Center is entitled to utilize to pay normal and necessary operating expenses, including
but not limited to activity card fees, daily user fees, remittances of lease payments, rental
of the Center's physical facilities from sponsor and non-sponsoring agencies, rentals
relating to the use of the Center's playgrounds and fields from non-sponsoring agencies,
UP ARC's share of common expenses, and contributions received by the Center from the
i
Foundation, more commonly known as the Long Center Foundation, Inc., a separate
corporation which serves as a private fund-raising organization for The Long Center. This
shall be provided in a line item format specifically detailing each category.
(ii) Total Expenses - Total expenses for the Center shall include but not
limited to, staff and personnel, maintenance, normal operating expenses required to
maintain and operate all physical facilities of the Center in a safe, acceptable and
customary fashion and all other capital expenditures deemed necessary for the operations
of the Center by its Board of Directors. This shaH be provided in a line item format
specifically detailing each categoI)' and position.
(b) Adjustments - The parties of this lease recognize that there will be differences
between the budgeted operating financial performance of the Center and its actual audited
financial performance submitted to the City pursuant to Paragraph 16 of this lease.
(c) Facility Usage - In the case of core programming (Exhibit E) conflict(s), the
Center will yield the use time in support of the City. Recreational, ofliccs (for City staff
. and co-sponsored groups) and storage space will be provided for City programs, listed on
5
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6
Exhibit E, for the remaining term of this agreement ancl all subsequent agreements.
Recreation programs will be scheduled on a quarterly basis. The Center will provide to
the City a list of all annual continuous rentals 90 days prior to the commencement of the
City's fiscal year. The current list of annual rentals is listed on Exhibit F. The City agrees
to adjust its schedule to support these rentals. Any resident of the City of Clearwater or
member of a Sponsoring Agency shall be entitled to participate in a sponsored activity of
another Sponsoring Agency for the same fee as that charged to members or residents of
the Sponsoring Agency, so long as there is unfilled space in the activity.
(d) Use Outside of Normal Hours - If a Sponsoring Agency utilizes the indoor
facility of the Center outside of normal operating hours, the Sponsoring Agency shall pay
the incremental costs associated with the use oftheCenter)s facilities for that activity.
Such costs, defined as the prevailing costs at the time, could include salaries of safety
personnel such as lifeguards, and security guards, payroll expenses for employees of the
Center and other reasonable identifiable costs associated with such program. If the
Sponsoring Agency chooses not to provide their own personnel then the Sponsoring
Agency and the Center agree to charge for use of the facilities outside of normal operating
hours to only reflect additional incremental costs incurred by the Center in connection
with these programs. The City is allowed four (4) weekend swim meets that will be
included in the annual contribution of the City not including any associated incremental
costs, which is defined as the prevailing costs at the time. Any additional swim meets will
be scheduled as rental events that will include pool rental fees and any additional
incremental fees at the time of the event.
( e) Capital Improvement Fund - Representatives of the Sponsoring Agencies and
the staff of the Center shall jointly prepare a report annually setting forth the projected
items for repair and replacement of the facilities of the Project for the next six years as
part of the city's budget process ("Repair and Replacement Report"). The Repair and
Replacement Report shall account for capital expenditures in an amount greater than
$2,000 necessary for the safe and acceptable use of all the facilities of the Center, which
are not otherwise accounted for as part of the Center's annual budget. All uses of such
funds must be approved by the Center Board of Directors. The City will annually
appropriate $67,000 into a CIP code to be used for said repairs annually (subject to annual
7
City Commission approval). The Center shall be allowed access to such funds for items,
which may not be listed on the approved Maintenance Fund List in an emergency situation
(i.e., hurricane, accident, health, safety, systems failure) with approval of the City's
Director of Parks and Recreation. Capital Improvement Funds are due and payable from
the City upon receipt of invoice from the Center on a project-to-project basis.
11. The Center agrees that all buildings and other improvements which are
permanently affixed to the leased property shall become the property of the City at the
expiration of this lease.
12. The Center agrees to indemnifY and hold the City and its employees harmless
from and against any and all claims, demands, and causes of action or lawsuits of whatever
kind or character arising directly or indirectly from this agreement or the performance
hereof, unless such claims are a result of the City's sole negligence. This provision shall
survive the termination of this Lease Agreement.
13. The Center shall purchase and maintain through the term of this Lease
Agreement the insurance coverage set forth below:
a. Property Insurance Real property (including improvements or additions).
1. Form - All Risk Coverage. Coverage shall be no more restrictive
than that afforded by latest edition of Insurance Services Offices Forms CFOOll, CF0013,
CF0420, and CF1210. Ifavailable, sinkhole insurance shall be included. lfthe provisions
of the All Risk policy do not exclude sinkholes, as verified by the City's insurance
consultants, the Center shall be deemed to be in compliance with this paragraph.
2. Amount of Insurance. The amount of coverage shall be the full
insurable value on a replacement cost basis.
3. Flood Insurance. Ifbuilding or structures are located within an
identified special flood hazard area, flood insurance shall be provided for the total
insurable value of such building or structure or the maximum of flood insurance coverage
available under the National Flood Program, whichever is less.
b. Boiler and Machinery Insurance If the improvements include boiler(s),
pressure vessel(s), or air conditioning/heating equipment, the Center shall maintain
comprehensive insurance covering the equipment loss on the demise property resulting
from the maintenance and operation of stich equipment, including but not limited to repair
and replacement of the equipment and liability damage to the property of olhers.
c. Commercial General Liability
1. Minimum limits of $1,000,000 per occurrence combined single
limits for bodily injury liability and property damage liability.
2. Premises and operations coverage.
3. Independent contractors coverage.
4. Products and completed operation coverage.
S. Personal injury coverage with employees and contractual exclus,ions
8
removed.
6. Liquor law liability, if applicable.
d. Business Auto Policy Coverage shall be afforded on a form no more
restrictive than the latest edition of the Business Auto Policy filed by the Insurance
Services Office and shaH include:
1. Minimum limits of $1,000,000 per occurrence combined single
limits for bodily injury liability and property damage liability.
2. Coverage on all vehicles (owned, hired, and non-owned).
e. Worker's Compensation Coverage shall apply for all employees in an amount
at least equal to the statutory limits of coverage according to applicable State and Federal
laws. In addition, the policy shall include employer's liability coverage with a limit of
$500,000 per occurrence.
f Other Requirements
1. If the self-insured status of the Lessee is approved by the State of
Florida, the Lessor agrees to recognize and accept same upon proof of such approval.
2. The City shall be named as an additional insured on all insurance
policies purchased and maintained by the Center under the terms of this Lease, except
workers' compensation coverage.
3. Copies of insurance certificates for all insurance required by this
agreement from the Long Center shall be furnished to the City Clerk of the City of
Clearwater. Copies of the insurance policies for all insurance required from the Long
Center by this agreement shall be furnished to the City Clerk of the City of Clearwater
upon request of the City of Clearwater. The City may provide any insurance coverage
required by this agreement, or for any program or event held at the Long Center, by self.
insurance, by self-funding, by purchase, or by any combination thereof at the sole option
of City. Insurance coverage and limits shall be evidenced by delivery to the Center of
letters of self-insurance or self-funding executed by City's Risk Manager, or by certificates
of insurance executed by either the agent for the insurers or the insurers or by copies of
policy declaration pages. Such letters, certificates, and policy declaration pages shall list
all coverage (including the amount of insurance per claim and per occurrence, any gap in
coverage, and the name of the excess insurer) and policy limits with expiration dates.
4. Each insurance policy shall provide that no less than forty-five (45)
days' notice of cancellation or restrictive modification of the policy shall be furnished to
the City.
14. Any co-sponsored group using the Center shall provide to the Center a policy
of general liability insurance naming the Center as a co-insured or additional insured with
minimum policy limits of $500,000 covering any and all programs and events of the group
held at the Center.
15. The Center shall pay any Federal, State and local taxes and special
assessments which may be levied on the leased property and any improvements placed
thereon, but it is agreed that the uses herein contemplated serve proper public and
municipal purposes, and the parties in no way waive any exemptions permitted by law.
16. If, at any time during the term of this Agreement or extension thereof, the
Center should default in the performance of any of its obligations required hereunder, then
the City shall furnish to the Center a notice in writing specifying the default and giving the
Center thirty (30) days, or such amount of time as may reasonably be required to cure
such default using diligent efforts, in which to correct the default. If the default is not
corrected within thirty (30) days, or such reasonable amount of time after giving the
notice, then the City may terminate this Agreement and immediately take possession of the
leased property, and all improvement.s thereon shall become the property of the City.
17. The Center, no later than six (6) months after the end of each of its fiscal years
during the term of this Agreement, shall provide the City with a copy of the Center's
annual financial statements, including a balance sheet and income statement relating to the
9
10
Center's operations under this Agreement. Each month the City will be provided with
internally prepared financial statements including a balance sheet and income statement
comparing actual results with the budget.
18. The City, with reasonable notice to the Center shall have the right to inspect
the leased premises and to review the Center's financial records pertaining to the Center's
operation.
19. Any notices proyided for hereunder shall be sent certified mail, return receipt
requested, to the City, c/o City Manager, P.O. Box 4748, Clearwater, FL 33758, and to
the Center, c/o Executive Director, 1501 North Belcher Road, Suite 225, Clearwater, FL
33765, or to such other address as either party by written notice to the other may direct.
20. The City retains the right to terminate tlus Agreement for any municipal need
detennined by the City Commission to be necessary for a superior public purpose and
consistent with the City's Charter. In addition, the City may terminate this Agreement in
the event that the State of Florida or any of its agencies or political subdivisions thereof
requires the leased property or any portion thereof for a public purpose. In either event,
the Center shall be entitled to just compensation for its investment in the leased property
and for its relocation expenses to another site within Pinellas County.
IN WITNESS WHEREOF, the undersigned parties have set their hands and seals
the day and year first above written.
Countersigned:
CITY OF CLEARWATER, FLORIDA
By:
Brian 1. Aungst
Mayor-Commissioner
William B.Horne II
City Manager
Approved as to form:
Attest:
John Carassas
Assistant City Attorney
Cynthia E. Goudeau
City Clerk
Attest:
Witnesses:
V\{o,-SL vO-C~(24~'
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11
EXIIIBIT A
A tract of land lying within the Northwest 1/4 of Section 7, Township
29 South, Range 16 East, Clearwater, Pinellas County, Florida and
being more particularly described as follows:
Commence at the Northwest corner .of said Section 7; thence
S89~35150"E, along the North line of theNorthwest 1/4 of said Section
7, for 55.00 feet to the East right-of-way line of Belcher Road;
thence SOO~04'51~E, along said East right-of-way line and along a line
being 55.00 feet East of and parallel to. the West line of the
Northwest 1/4 of said Section 7, same also being .1:h~ . be?x Ing basis of
this description, for 480.50 feet to the Southwest corner of that
property described in O.R. Book 6247 on page 1429 and being the POINT
OF BEGINNING: thence S89035'SO"E, along the South line of said
property, and along a line 480.48 feet South of and parallel to the
North line of said Northwest 1/4, for 390.04 feet to the center of a
sanitary manhole; thence continue. S89035'50"E, along said parallel
line, for 272.65 feet to the centerline of a creek; thence
southeasterly approximately 850 feet along said centerline, same also
being the westerly bounds of that certain property described in G.R.
aook 5851, on page 1012, the following nine (9) courses being u~ed far
closure purposes; (1) thence SJ3042'24"E, for 10.60 feet; (2) thence
S20046'23"E, for 139.50 feet; (3) thence SOl002'42"E, for 100.92 feet;
(4) thence S26041'04"E, for 42.96 feet; (5) thence N83042'Sl"E,. for
33.70 feet;. (6) thence S65053'll"E, for 50.08 feet; (7) thence
S54052'27"E, for 146.40 feet'; (8) thence S470l2'36"E, for 199.78 feet;
(9) thence S79053'47"E, for 93.99 feet; thence, leaving said creek
centerline, S89036'lO"E, for 95.00 feet to the perpendicular
intersection with the East line of the Northwest 1/4 of the Northwest
1/4 of said Section 7;' thence SOOo23'50"W, along said East line, for
324.98 feet to the Southeast corner of the Northwest 1/4 of the
Northwest 1/4 of said Section 7; thence NB9044'07"W along the South
line of the Northwest 1/4 of the. Northwest 1/4 of said Section 7,for
232.83 feet to a point on the northeasterly right~of-way.line of a
60.00 foot Seaboa~d Coast Line Railroad right-of-way; thence
N72045'16"W, along said northeasterly line, for 1085.20 feet to the
East tight-oE-way li~e of Belcher Road; thence NOOo04'5~"W along said
East line and along a line 55.00 feet Ea~t of and parallel to the West
line of the Northwe~t 1/4 of said Section 7, for 539.23 feet to the
POINT OF BEGINNING, 'and con taining 15.78 acres r more or less.
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EXHIBIT B
LEASE AGREEMENT
THIS AGREEMENT is made effective the 30th day of June,
1990, by and between The pinellas community Center a.k.a.
The Long Center, a Florida nonprofit corporation, whose
address is 1501 North Belcher Road, suite 225, Clearwater,
Florida 34625 (hereinafter referred to as "Center"), and
Clearwater For Youth, a Florida nonprofit corporation, whose
address is 1501 North Belcher Road, suite 236, Clearwater,
Florida, 34625 (hereinafter r,eferred, to as "CFY").
, ,~
WIT N E SSE T H:
WHEREAS, Center is a nonprofit corporation with
recreational and educational facilities (hereinafter
referred to as the "Project") on real property owned by the
city of Clearwater and being leased to the Clearwater Youth
Recreation Center, Inc., now known as The Center Foundation,
Inc., under that certain Lease Agreement dated December 29,
1.986 (hereinafter as Exhibit "A" and 'incorporated herein by
reference; and
WHEREAS, CFY desires to use a portion of the Project to
establish its equipment storage and administrative offices
and to provide recreational and sports activities to the
youth of this community and their families that will advance
the mission and purpose of CFY allowing all children from
all levels of society to play together in harmony, and which
allows children to reach their fullest potential through
enriching and productive activities.
WHEREAS, Center finds that such use of the property is
for a proper public purpose; and
WHEREAS, The Center has established a construction fund
for the purpose of generating monies to construct the
Project and its improvements; and
WHEREAS, CFY has invested in the Project by providing
contributions to such construction fund of certain monies to
be used for construction of the Project and its
improvements, as more specifically described hereinafter.
NOW, THEREFORE, in consideration ,of the premises and of
the faithful performance by each of the parties of the
covenants and agreements between each other made, it is
mutually agreed between the parties hereto as follows:
1. Recitals. The above recitals are true and correct
and incorporated herein by reference.
1
2. Premises and User Fee. For and in consideration of
the sum of One Dollar ($1.00) per year, and other good and
valuable consideration to it in hand paid by CFY, the
receipt and sufficiency of which are hereby acknowledged,
The Center does hereby grant and assign to CFY the exclusive
use of the Project, as more particularly described and
depicted on Exhibit "B" attached hereto and incorporated
herein by reference (hereinafter referred to as the
"Premises").
, ,~
3. TERM. The term of this Agreement shall commence
on the date CFY takes occupancy of the Premises, and,
provided CFY remains a viable nonprofit corporation in
substantially the same form as it exists on the date hereof,
and provided it continues to advance its mission and purpose
as set forth in its Bylaws, the term hereof shall continue
for a period consistent and concurrent with the term of the
Lease, as the same is extended from time to time in
accordance with Paragraph 2 of the same. Should this
agreement be terminated as a result of the termination of
the Lease, The Center hereby covenants and agrees to
compensate CFY for its pro rata and equitable share of any
proceeds received upon such termination of the Agreement as
specified in Paragraph 24 of the Lease.
4. Use of Premises bv CFY. CFY shall use the Premises
for its administrative offices, and to provide recreational,
sports and other activities to the citizens of this
community. The Center agrees to use its best efforts when
allocating the use of facilities in the Project among the
Sponsoring Agencies (as defined below), to accommodate CFY's
p~ogramrning needs. CFY shall make no unlawful, improper, or
offensive use of the premises, nor permit its use in any way
to become a nuisance. CFY use of and access to (and its
patrons' use of and access to) the Premises and the
facilities of the Project, including parking spaces, shall
enjoy the same superiority as that enjoyed by 'YWCA, UPARC,
the city of Clearwater, and the city of Safety Harbor
(hereinafter referred to as the "other Sponsors" or
'IISponsoring Agencies"). CFY shall be charged on a pro rata
basis for its use of the facilities of the Project and such
charges shall be consistent with and in proportion to those
charged by the Center to the other Sponsors, and shall be
subject to the same rules, regulations, and policies as
imposed on the other Sponsors.
5. Operatinq Expenses. CFY shall be responsible for
paying its pro rata and equitable share of the operating
expenses of the Project not to exceed Four Thousand Eight
Hundred Dollars (4,800.00) and payable in equal monthly
installments of Four Hundred Dollars ($400.00). The
2
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operating expenses may include, but shall not be limited to,
utilities (exclusive of telephone services), insurance,
janitorial service, grounds maintenance, waste removal,
water, sewer, replacement costs of capital improvements, and
common area maintenance. CFY's payment of its pro rata
share of the operating expenses of the Project may be
increased or decreased on an annual basis consistent with
and in proportion with the annual increases or decreases
charged to the Other Sponsors. The Board of Directors of
the Center shall determine and levy the assessments for the
operating expenses.
. .~
6. Maintenance. The Center shall maintain and keep in
good condition and repair any and all interior systems,
fixtures, equipment, and machinery servicing the Premises,
including, but not limited to, all mechanical and electrical
systems and equipment, plumbing systems, water-heating
systems, and heating and air-conditioning systems. The
Center shall also keep and maintain the bathroom facilities
in the Project, the common areas of the Project, the parking
lot and grounds of the Project, and the Center and
structural portions of the Project in good condition and
repair , including the exterior masonry walls and the roof
of the Project. Notwithstanding anything contained herein
to the contrary, CFY shall be responsible for providing, at
its own expense, any equipment, fixtures, machinery, or the
goods and effects needed and utilized by it in its daily
operations and instruction of its citizens in the Premises,
and shall also be responsible for paying the cost of
maintaining, installing, and repairing any and all such
equipment, fixtures, machinery, and other goods and effects.
7. CFY's Fixtures. At the termination of this
Agreement, CFY shall, i~ not in default hereunder and if no
damage will result to the Premises thereby, remove its
detachable fixtures, equipment, machinery, goods and
effects, and those of all persons claiming by, through, or
under it, and shall surrender the Premises and all
improvements thereto in good order, repair, and condition,
reasonable wear and tear expected, to The Center or its
successors or assigns. Any permanently-installed fixtures,
alterations or improvements shall be deemed real property,
and at the option of The Center, shall remain the property
of The Center at all times during and after the term hereof.
In the event The Center permits CFY to remove any such
perJnanently-installed fixtures, alterations, or
improvements, and any damage to the Premises results frorn
such removal, CFY shall repair such damage at its own
expense, and shall restore the Premises to the same repair
and condition as when CFY took possession thereof,
reasonable wear and tear expected.
3
. ,~
8. Telephone Service. The Center shall be responsible
for bringing telephone service to the Project, and CFY shall
be responsible for securing telephone service to the
Premises. CFY shall also be responsible for making the
monthly payment therefore directly to the service provider.
9. Capital Improvements. Should CFY desire to make
any capital improvements to or expansion of the Premises,
CFY shall first secure the written approval of the Board of
Directors of the Center for any or all such improvements,
which approval shall not be unreasonably withheld.
10. Insurance. The Center shall' keep the Project
insured as required, to the extent applicable, by the
provisions of Paragraph 18 of the Lease. Said insurance
'policies shall include a standard waiver of subrogation
clause against CFY and shall name CFY as an additional
insured thereunder.
CFY shall at all times and at its cost maintain public
liability insurance on the Premises with a combined single-
limit of at least $1,000,000.00 for personal i~jury, death,
and property damage, which insurance requirement may be
increased from time to time at the direction of the Board of
Directors of the Center. Said public liability policies
shall carry the names of The Center and CFY as the named
insureds as their respective interests may appear, and CFY
shall provide The Center with a copy thereof upon taking
occupancy of the Premises and, upon request from The Center,
it shall exhibit receipts showing payment of premiums. Such
policies shall further provide that the insurer shall not
cancel, alter or allow expiration or other termination
thereof without at least twenty (20) days' prior written
,notice from such insurer to The Center.
CFY shall at all times and at its expense maintain
insurance against loss by fire and other casualty with
extended coverage on its furniture, fixtures, inventory,
equipment, supplies and personal property located in the
Premises, and said policies shall include a standard waiver
of subrogation clause against rhe Center.
11. Inspection., The Center, upon giving reasonable
notice to CFY shall have the right to inspect the Premises
at all reasonable times.
12. Assignment. CFY shall not assign the Agreement or
any of its rights hereunder without the prior written
consent of the Center which consent will not he unreasonably
withheld. If The Center consents to any such assignment,
4
13. Compliance with Laws and Requlation. CFY shall
comply with all federal, state, county, and city laws,
ordinances, rules and regulations affecting or respecting
the use or occupancy of the Premises by CFY or the business
at any time thereon transacted by CFY, and CFY shall comply
with all reasonable rules which may be hereafter adopted by
The Center for the protection, welfare and orderly
management of the Project and its users or occupants.
. .~
CFY shall only be permitted to assign this Agreement or its
rights hereunder to another organization or entity whose
mission and purpose are consistent and not in conflict with
those of CFY.
14. Cleanliness of Premise. CFY will keep the
interior and/or exterior of the Premises clean and will not
store any refuse, trash, or hazardous materials in the
Premises or in or around the Project of which the Premises
form a part, other than in the refuse containers provided by
The Center.
15. Redelivery of Premises. CFY shall, on the
expiration of this Agreement, deliver up the Premises in as
good order and condition as it now is or may be put by The
Center, reasonable use and ordinary wear and tear thereof
and damage by fire or other unavoidable casualty.
condemnation or appropriation expected, and CFY shall
promptly surrender all keys to the Premises to The Center.
16. Representation of Board of Directors. The Center
hereby grants CFY voting representation of the Board of
Directors of The Center, equal to the voting representation
enjoyed thereon by the Other Sponsors.
17. Signage. The Center hereby grants CFY the right
to have its corporate sign on Belcher Road as a part of the
Center's signage. CFY shall be permitted signage of equal
quality, size, distinction, and exposure as the other
Sponsors. In addition to signage on Belcher Road, The
Center hereby grants CFY signage in the Center's main
entrance/courtyard area, and on all doors and entrances to
the Premises. All signage must be in accordance with local
ordinances, rules, and regulations.
18. Validity. It is understood and agreed that in the
event any provision of the Agreement shall be adjudged,
decreed, held, or ruled to be invalid, such portion shall be
deemed severable, and it shall not invalidate or impair the
agreement as a whole or any other provisions of this
Agreement.
5
20. Survival. This Agreement shall remain in full
force and effect and shall survive any merger or
consolidation of The Center with any other entity, or any
merger or consolidation of CFY with any other entity. If
The Center or CFY should so merge or consolidate with
another entity during the term of this Agreement, such
merger or consolidation shall not be deemed to constitute a
default hereunder, and the resulting entity shall succeed to
all the respective rights, duties and obligations of The
Center or CFY under this Agreement.
. ,~
19. Successors and Assigns. This Agreement and all
provisions, covenants and conditions thereof shall be
binding upon and inure to the benefit of the heirs, legal
representatives, successors, and assigns of the parties
hereto.
21. Entire Aqreement. This Lease Agreement and the
exhibits attached hereto constitute the entire agreement
between the parties and supersede alx prior agreements.. No
waivers, modifications, additions, or addenda to this
Agreement shall be valid unless in writing and signed by
both The Center and CFY.
22. Governinq Law. This Agreement shall be governed
by and construed in accordance with the laws of the state of
Florida.
23. Arbitration of Controversy. All controversies,
claims, disputes concerning the construction, performance or
breach of this or any other agreement between the parties
hereto, whether entered into prior or subsequent to the date
of this Agreement, shall upon demand and notice by either
party, be determined by private arbitration with the
appointment of arbitrators by each side and a third
arbitrator by the two sides. The decision of the
arbitrators or a majority of them shall be final.
24. Recordinq. This Lease Agreement shall not be
recorded; however, a short-form Agreement reflecting the
parties hereto, the commencement date and term of this
Agreement, and a description of the real property upon which
the Project is located may be recorded in the Public Records
of Pinellas County, Florida.
25. Notices. Any notices provided for hereunder shall
be sent by certified mail, return receipt requested, to The
Center, c/o Executive Director, 1501 North Belcher Road,
suite 225, Clean/ater, Florida 34625, and to CFY, c/o
Executive Director, 1501 North Belcher Road, suite 236,
6
'. ,"
Clearwater, Florida 34625, or to such other address as
either party by written notice to the other may direct.
26. Attornevs' Fees. Should it become necessary for
either party to enforce this Lease Agreement by legal
process, including arbitration proceedings, all costs of
such proceedings, including reasonable attorneys' fees
through and including any appellate proceedings, shall be
borne by the non-prevailing party.
. .~
IN WITNESS WHEREOF, the 'undersigned parties have set
their hands and seals the day and year first above written.
witness:
The Center
By:
Charles S. Gamble
President
"THE CENTE~"
CLEARWATER FOR YOUTH
By:
Ron Miller
Chairman
"CFY"
7
;,.' ,". .. ,- , ,l' 1 1_'
December 12, 1988
USE AGREE HE NT
THIS AGREEHENT is rn-'\dp. ~nd fmtered int'.J this _!.~__ d..,y tlf
December, 1980. uy C\lld betw!"?!?n THE CENTEf\ FUUI\ll)f\TIIJI\l. tNC.. i'
Florida nonprofit corpnr'i'\tion. whose r.HJrJrE?S~ is :(,'j7 Gulr-lo-'f.li\y [~oule-
vard. SLlite "A". Clearwater, FloridC\ 3462:} (h'?reillafter r'?ferrt?d to.:\s
"FOL'ndat1on"). and THE UrFER F'lNELU'S ASSUCIATIOtJ FOR r,ETAJWE[)
CITIZENS. INC.. i\ Florid.""\ nonpro"fit corJ]oration. whose ",dd'-ess is :ICJ9
Calumet, Clearwater, FL 3462~ (hereinafter referred to as "UPARC").
WIT N E SSE T HI
WHEREAS, Foundation is a nonprofit corporation developing recre-
ational and educational 1acilities (hereinafter referred to i\S the
"Project") on real property owned by the City of Clearwater ",nd being
leased to the CleC\rwater Youth Recreation Center, Inc., under that cer-
tain Lease Agreement dated December 29, 1986 (hereinaftei referred to
as the "L'?ase"), a copy of which is attached hereto as E~hibit "A" and
incorporated herein by re!erence; and
WHEREAS. UPf\RC d'?sires to use a portion of the Project to estaulish
a facility engaged in providing services for citi~en5 who are develop-
mentillly disabled. ",nd who are presently served by. UPARC or who _sl1i\11
become eligible for said services according to UPARC admissions crite-
ria, and
WHEREAS, Foundation
proper public purpose;
finds that such use of the property is
and
a
for
WHEREAS, FOLmda tion in tends to estab 1 ish .? c'.Jns trLIC tion fLmd for the
purpose of generating monies to construct the Project and its improve-
ments; and
WHEr,EAS. UPARC intends to invest in the f'roJect by ma.;ing a contri-
bution to such construction fund 01 certain monies to be used for con-
s truc tion o'f the ProJ ec t and its improvemen ts,
.)
NOlol, THEREFORE. in consideration of the premises C\nd of the faithful
perforrni.\nce by each of the parties of the covenants C\nd agreements be-
tween each other made, it is mutually agreed between th~ parties hcr'?to
as 10llows:
1. User Fee. For and in consideration of the sum of One Dollar
I ($1.00) per year~ and other good and valuable consideration to it in
hand paid by UPARC, the receipt and sufficiency of which are hereby ac-
knowledged. Foundation does hereby assign UP ARC the use o"f that certain
portion of the Project which is more particularly described on E:<hibit
"8" attached hereto and incorporated herein by re1erence (hereinafter
referred to as the "Premises"').
2. Term. The term of this Agreement shall commence on the date
UPARC takes occupancy of the Premises~ and shall continu~ for a period
consistent and coincident with the term of the Lease attached hereto
and incorporated herein asEl<hibit "A". At the end of the initial 15
year period described in said Lease, UPARC may, upon one year's writtEn
notice, elect to terminate this agreement, together with all rights and
responsibilities appertaining thereto.
)
3. Use of ~ises by UPARC. UF'ARC shall ll5C the Prml1ises to de-
velop facilities which will provide educational, vocationi\l. C\nd otlter
opportLlnities and services for the citizens of the commwli ty ",ho hF:\ve:o i\
developmental disability. UPARC 91H,11 ma.:e no unlawful, Jmproper or
of fensive LIse of tilt"! prem.lses, nor pl?rmit its ll~e In any "'~\'f to bec:omf!
a nuisance. UPAI~C's LIse of the Premi!\e9 and fC\cilitip.s of tlte proj~r:t,
inc 1Lld ing pC\rkiny spacp.s, sha II enJ oy the same SLlper lor i ty as th", t en-
Joyed by Clearwaler for YOLlth i\nd the City of Clcr:1rwaler F'i\d:s C\nd H~c-,
reation Department. The Foundation recoynizes that not.: less than 1:31)
non-e~:cllls!ve pad;!ng spaces must be availaule for UF'ARC sti\ft and vol-
unteers during each ,:,oddnO day.
W I!~ird-P~rty I,Jse of Premises. Foundation shall be <>1 lowed to
pe~t other grOllpr. or nnJ.~rlizations to LIse the! F'remi!les with the pr"!or
'1:.Il'.Jwledgt:! "lid writtp.n cf.JIl5ent of UPABC, i\9 IOllq as such llse dues not:
cnnflict with the LIse thereof by LJPAm:. ShOLlld OJ third-I).:Irty be pFJr-
mittp.t.! to LI!Hl thE"! Prt?mises. said thlrd-pi\rty user shall be a~s~gsed its
pro ri\ ta ant.! equi ti\bl e !Ihilre 0 f the occupancy e:lpense5 .1rlCllrred dur lng
EXHIBIT
c\
, .:-
, .
,,)
. I
SAid month. or" set fef? i\~ ut!lp.rminl!d by the llQ.:'rd of lq'<;ll.'e" of lilt:'
Foundation. ""d 5i\id ilmOllnt in its t!nt.1rp.ty shC\11 be cr-editl?d to U"'()I~C.
~. Cqntributlon tq Construction Fund. To provide fLlnus for tile
construction of the F'roJect, UPARC hereby coven.,nts ",nd OIgrcns to con-
tribLlte the proceeds it reCeiVl?9 'from the Side of ib; 0.4 "eres loc"ted
'at :::19~ CaIlllllP.t, Clearwilter. FL 3462~ (the "E:d5t1nq Filcllity"). or UPl:'
t"111110n doll.,rs (1il,Ot)O,I)(1I).OO), whichever is legs 11:lH! "1Jf-'()I(C Contri-
bution"), to the cons tn.lc tion 'fllnd created by FOltncJL\tion for the
Proj ec t. Upon comp I e te !?~!?c:u tion 01 this Agr'et?men t ~ ur-'Ar~c COVeniln Lr.
and ilgrees to begin m.:\r~;eting the E:dsting FC\cility for !Hde~ i\nd
ilgrees to promptly ,"a~;e diligent C\"d good-fc\ith effort to consummilte
the sale. UPARC shall be the sole judge of the reasonableness of an
offer to purchase s~id property, and does not guarantee thC\t such a
sale ~nd purchC\se will occur. UPARC further agrees that upon the clos-
ing of the sale 01 the E:(lsting ,Facility, UPA~C shall puy to Foundi.~tion
the UPARC Contribution. In the event the sales proceeds r~ceived by
UPARC cons19t of cash and a promissory note and mortgage, Found~tion
shall receive all cash proceeds available at the closing, as well as
all payments together with interest thereon until such tim~ as Founda-
tion hag received the total UPARC Contribution, plUS all interest on
the deferred pl'lymenbl. In t.ho event tho cloQlng !lhllll t~ko pl",cB pr'ior
to UPARC ta~ing occupancy of the Premises, the UPARC Contribution real-
i::ed from the closing shall be invested at a rate and 'for a term which
!'ihall be determined collectively by both the Board of Direcfors of
UPARC and the Ooard of Trustees of Foundation. Any interest earned dur-
ing this period shall be credited to UPARC.
6. Allocation of Ey.Den~es. It is the intent of the pal-ties h~reto
that UPARC shall operate as a separate and freestanding entity. To et-
f~ct this goal, and to the eKtent possible, the Foundation shall secure
separate m~te~s and billings for utilities provid~d to the Premises~
separate I-NAC system for the Premises, separal:~ telephone service to
th~ Prelnises, and any other system or service requir~d by UPARC to con-
duct its regular activities at the Premises. :To the e~:tC'l1t that FOLlrI-
da tion cannot secure separate met~r Ing or bi 111nC)s 10r serov ices roen- ~
dered to the Premises, the Ooe>rd of Trustees of thr:? Foundation. stli\ll
C\ssess UF'ARC monthly 'for Its pro rat"" and equitable share of the usage
thereof. These services may include, bL~t shall not be limited to, tJ",r-
bage disposal or tri\sh pic~up.
,)
The term "pro rata and equitable share" as used in this i'.greement
shall be defined as the percentage of building footprint occupied by
UPARC facilities as compared to the total building footprint on the
property.
7. Maintenance, Replacement and Operating Expenses. UPARC ~h~ll be
responsible for paying the cost of maintaining and r~palring any ~nd
all interior systems, fixtures, equipment, and machin~ry servicing ac-
tually used by UPARC and under it9 control, UPARC sh-'\ll pay for any
repairs or improvements made by it, or made by another pursuant to its
requ~9t or instruction,' to the Premises. UPARC shall provide at its
e~pen9~ any equipment needed and utilized by it in il:s dAily o~erations
and instruction of its citizens in the PremiSeS.
Foundation 9hall assess all L1s~rs of the proJect~ including UF'AHC,
for their pro rata and equitable share o'f the exterior and/or common
maintenance~ replacement, and operating expenses incurred by the
Project. The Doard of Trustees of the Foundation shall determine cmd
levy said asse9sment9 from time to time.
"
8. Capital Improvements. Should UPARC desire to ma~e any capital
improvements to or e~pansion of the Prem15e9, UPARC sh~ll first sucur~
the wr.1tten C\pproval of the Board of Trustees of tht!' Foundation for any
'or cd 1 9L\ch improvements. Such approval shall not be unreasonably
wi thhe Id.
9. Insurance, Foundation shall keep the Project InDur~d as re-
quired, to the e~tent applicable, by the provisions of Paragr~ph 19 of
said Lease bet.ween t.hr! City of Clui\rwLlter and t.he Clei\r'w""tur Youth Hp.c-
reation Center, Inc. Said Insuri\nce pol1cie9 !Ihall inclucJl? i\ st;orl'j,:u'd.
w",iver 01 9ubrogi\t.Lon clause again!it UPARC. Foundalion !lhall':'i\SSe99
UPARC and I:\ny other Limilar Uger!J 01 thE? Projac t for" their pro ra t.a "Ill.!
equitable Bh~rlJ 01 !Such In~uranc. premiUm, t\!I d~tt!lrmined 1rom timfl ..to
timn by the Board 0 f Tru!I teus, ond UPAJ3C sha 11 bl) nam'!c1.s an add i-
tional insured on t\ll Baid policies. .. -., ,~-- ___0'_- ---. - -,I
: .
)
)
( C1) UP (:)r\C s h;d I i\ till 1 t i nH? 5 ;\11 d iI tit ~ cor. t mil in t.-, i 11 pull 1 i c 1 i -
~billty in9ur~nce on the Premlses with iI combined single-limJt of al
least ~1 ,(11)1),(1(11).(1(1 for PQr~oni'\1 injury, dE'i.\th, and pr-operty di'n11'l)l:'.
Said public liC\bility policies shall carry both the ni\mes 01 Foundation
and UPARC <\5 the nC\med insured ,,13 the!r respective intp.n?5ts rn"y "ppl:'i,r
C\nd UPARC shall provide Foundi\tion with C\ copy ther':?of i\t commCI1CClOf?nt
of construction <.'Ind llpon request from foundation. it 511...11 e::hiblt re-
ceipt9 showing pi\")'lIlent of premlLlms. Such policil?s 511.,11 "_Irth('r nro-
vide thi\t the insLlrer shall not ca"cel~ i\lter or i\ I 1010/ e:<pirC\tion or
other terminCltio'1 thereof without c,t leC\st twenty (21)) uc,ys ~,..ior '.wit-
ten notice 1rom 9uch insurer to Found<.'ltion.
(b) UPARC shall at all times and i\l its expense mi\intain insur-
ance against lass by fire and ather casualty with e:<lendrzd cover.:tge on
its fLlrniture, fi:<tures, inventory, equipment, supplies and pcrsonC\l
property located in the Premises, and said policies shall include ~
stC\ndard waiver of subrogation clause ~gainst Foundation.
, .~
10. Payment of TaKes. UPAnC shall pay its pro rata or eQuitClble
sharI? of any federal, s ta te and local taxes and spec ia I assessmel1 ts
which may be levied 6n the Premises ~nd any improvement9 placed
thereon, but it i5 agrCl'ed that the Llses h'?rein contemplated serve'
pr.oper, public and mLlnicipal purposes, and the parties in no way waive
<.'InY e:<emptions permitted by law.
(1). Jnsoection. FOLlrldi\tian, upon giving rei\son"ble noticp. to UP(~RC~
sh"dl have the right to insp!ct the premises <.'It illl reasonable timl?S.
12. Care of Premisl?s. UPARC will, at its eHpens~, ~eep the interior
of the Premises in good repair and condition during the term of this
Use ngreeme~t.' UP ARC will make no elter~tions~ addi~ions or improve-
ments of any ~ind in or to the Premises without the written approval or
COI1'5ell t of the (loard of TrLls tees of the FOLlndL'l tion, which sha 11 no t be
Ltnreasonably withheld. Any s'_\ch alterations, i\dditions or .improvements
requested by Ur-ARC and approved by thrz Board of Trustees shall be paid-
for by UPAnC. FoundL'ltion will maint<.'lin the roof, the structural el-
emen ts, the common ba throom f ac i 1 i ties. the common areas 0 f the
Project, the enterior of the Project, the parking lot and grounds, and
common plumbing systems in goad order and repair.
13. AssignmenL. Ur:'ARC shi\ 11 not assign this L\greemen t or any of its
rights' hereLlnder without the prior written consent of the Foundation.
Such consent will not be unreasonably withheld.
14. Termination of agreement. Should this Agreement be termin~ted
~s a result of the termination of said Lease between the City 01
Clearwater and Foundation, Foundation hereby covenants and agrees to
compensate UPARC for its pro rata or equitable share of any proceeds
received Llpon such termination of this Agreement as specified in Para-
graph 25 of the Lease between the City and The Foundation.
15. Compliance with Laws and Reaulations. UPARC shall comply with
all federal, state, county, and city laws, ordinances, rules and
regulations affecting or respecting the use or occupL\ncy of the pre-
mises by UPARC Or the busines9 at any time thereon transacted by UPARC,
and UPA~C 9hal~ comply with C\11 reC\sonable rules which may b~ here~fter
adopted by Foundation tor the protection, welfare and orderly, manage-
ment 01 the Project and its Users or occupants.
lb. Cl~anllne!is of Premises. UPAI1C will keep the interior of the
premises clnan i\nd will not store any refuse~ trantl, or haz<.'Irdous m~te-
rials in the f'remise9 or in or around the Project of which the r-remiscs
form a part, other than in thl! r~1use contt\iners provided by FO"lnd~-
ticn. -- '- ...-
17. RedtUJ_::{.!~rv 01 F'remises. ur-AnC shall. on till? el:piri\Uon of thls
Agreement, deliver up the Premises in as good order alld condition <.'IS it
now i9 or may be put by Foundation, reasonClble use t\nd ordinary wear
and b~ar thereof Clnd dalnage by fire or other unavoidable casLli\lty, con-
demnation or i'lppropriation e:<cepted, and UF'ARC shall promptly surrender
~ll keys to the PremIses to Foundation.
18. Validltv. It is Llnderstood and ayreed that in the event .IIlY
provision of thi5 i\greement shall hE? adjudged, decreed, hr!ld, or ruled
to be invalid, such portion shall be deemed severabl~~ and it shall not
invalidate or ilnpair the L\greelnent l\S a whole or allY othcr provisions
)
l
.f .
of this Agreement.
19. Successors Ano
cnants and conditions
benefits of the heirs.
I .
of the parties hereto.
Assj,..q!lE.:. , his flgrcemt?n t and .:d 1 provisions. cov-
thereo' sha II be bind 1ng upon and inure to the
legal representatives, successors, and ~ssigns
21). Survivell. This Ayreement shall reOledn in full force and effect
and shall ~urvlve any merger or consolidation 01 Foundation with any
other entity, or ~ny merger or consolidation of UPARC with any oth~r
entity. If Foundation or UPARC should so merge or consolidate with an-
ott'er entity dLlring the term of this Agreement, such merger or con-
solidation 5h~11 not be deemed to constitute a d~fault hereunder, and
the resulting entity shall succeed to all the respective rights, duties
and obligations of Foundation or UPARC under this Agreement.
Should the Center Foundation ceaSe to exist or become. incapable of op- .
~ra ting The Proj ec t, without. C!\ssignmen t" to' an ~ approved' successor ," UPARC. ,.....'~.,.. ,-,", .,......'(y....n,;.t..;>....H;:.,.,.;....
shall have a right of first refusal to succeed to the interest of The
Center Foundation according to UPflRC's use 01 the premises upon the
same termB and condition5 ~5 ~et forth in the Le~sQ with the City of
Clearwater.
21. Entire Aoreement. This Use Agreement and the exhibits attached
hereto constitute the entire agreement between the parties and Sllper-
sede all prior agreements. No wilivers. modifications~ additions, or- i\d-
d~nda to this Agreement shall be valid unless in writing and signed by
both Foundation and UPARC. -
22. GovernillO Law. This Agreement shed 1 be governed by i'.nd constrLled
1n accordance with the laws of the State 01 Florida.
23. Arbitration of Controversy. All controve~sie5, claims. disputes
concerning the COilS trLIC tion, per'formance or breach of this or any other
agre~men t be tween the parties, whether en tered in to pr lor or slIbsequen t
to the date of this agreement shall upon demand and notice by either
party be determineu by arbitration in accordance with the rulas of the
flmerican Arbitration Association. The award of the ~rbitrators or a
majority 01 them shall be final.
24. RecordinQ. Thi!! U~e Agreement shall not be recorded; however~ a
short-form Agreement reflecting the parties hereto, the commencement
date and term of this Agreement~ and a description of the real property
upon which the Project is located shall be recorded in the Public
Records of Pinellas County, Florida.
25. Noti~ flny notices provided 10r hereunder shall be sent by
certi1ied mail, retu~n receipt requested, to the Foundation, clo Ex-
ecutive Director, 2037 GUlf-to-Bay Boulevard, Suite "fI", Clearwater,
Florida 34625, and to UPARC. 2199 Calumet, Clearwater~ Florida 34625,
or to such other address as either party by written notice to the other
mi\Y direc t.
I N WI TNESS WHEREOF, the undersigned parties have set their hands c'lnd
seal the day and year first above written.
Wi/tnrsses s
vJ;tL~ C
THE CENTER FOUNDATION, INC.
-?' 0::<" -- .
By t 1~ldt.-t;~ <. ~k- J,(.../
Presiden t
=- -- .,
"FOUNDATION"
THE
FOn
UPPEH PINELLAS I"ISSOCIATION
~~~
Pre9ident
Bys
6A.I!jl~ {)o-r'Y/1-d-<~
"UPARC"
> , J \ . . \ ". ~ " ' ." I . '" (',. ~ " . ' "~. . '
EXHIBIT 0
I
-~\
:)
USE AGREEMENT
/IllS AGREEMENT, is made and entered into this 2 S- day of
j./~/L , 1990, by and between THE CENTER FOUNDATION,
INC., a Florida nonprofit corporation, whose address is 1501
North Belcher Road, Clearwater, Florida 34625 (hereinafter
referred to as "Foundation"), and the city of Safety Harbor,
Florida, whose address is Florida (hereinafter referred to as
"SHF") .
. ,~
MIEREAS, Foundation is a nonprofit corporation developing
recreational and educational facilities (hereinafter referred to
as the "proj ect") on real property owned by the city of .
Clearwater and being leased to the Clearwater Youth Recreation
Center, Inc., now known as The Center Foundation, Inc., under
that certain' Lease Agreement dated December 19, 1986 (hereinafter
referred to as the "Lease"), a copy of which is attached hereto
as Exhibit "A'" and incorporated herein' by reference; and
WHEREAS, SHF desires to use a portion of the Project to
establish an office and to provide educational, recreational, and
other services to its citizens 'and their families; and
WHEREAS, Foundation finds that such use of the property is
for a proper public purpose; and
WHEREAS, Foundation has established a construction fund for
the purpose of generating monies to construct the Project and its
improvements; and
WHEREAS, SHF agrees to invest in the Project by making a
contribution to such construction fund of certain monies to be
used for construction of the Project and its improvements, as
more specifically described hereinafter.
. , ." , ~
NOW, THEREFORE, in consideration of the premises and of the. ......
faithful performance by each of the parties of the covenants' and ';;" ,.
agreements between each other made, it is mutually agreed between ~ .
the parties hereto as follows: . :.::...
1. Recitals. The above recitals are true and correct and ...... .
incorporated herein by reference.
2. Premises and User Fee. For and in consideration of the
sum of One Dollar ($1.00) per year, and other good and valuable
consideration to it in hand paid by SHF, the receipt and
sufficiency of which are hereby acknowledged, Foundation does
hereby grant and assign to SHF the exclusive use of approximately
400 square feet of the Project, which shall consist of three (3)
offices, as more particularly described and depicted on Exhibit
"B" attached hereto and incorporated herein by reference
(hereinafter ref~rred to as the "premisestl).
'.' . l' '. '...~ '. \'. r, '..\ . ~ . . I,' . '.,. ", \, ," .', .: '~,:. ," '.' ,n
.'.,.' .. .
f :' .. .
3. Term. The term of this Agreement snaIl commence on
the date SHF taKes occupancy of the Premises, and shall continue
for a period consistent and concurrent with the term of the Lease,
as th e sa me is ex t ended from time to time in accordance wi th ..-: . ". ':.'.;'.. :,...; '\'
Paragraph 2 of the same. Should this Agreement be terminated as a . '. .
resu 1 t of the termina t ion of the Lease for any reason, Founda t ion....~.. ;..~->.i.;
hereby covenan ts and ag rees to compensa te SHF for its pro ra ta and.... '".~'.
equi table share of any proceeds received upon such termination of ....,...~.-::.....:
this Agreement, if any but in no .event less than $375,OOO.OO;~plus.,:;<.:':t'I';':~1:'
1/6 th of the unres tr icted endowment unless SHF continues,. to.. en joy.,.",""".':' .,-
the rights contained herein under the same terms and conditions .
herein.
4. Use of premises by SHF. SHF shall u?e the Premises to
provide educational and rec-reational services, and other oppor- ;"':!...:':r."
tunities and services to its citizens. .SHF shall make no unlawful;"": :'.
improper, or offensive use of the Premises, nor' permi t its use in<.~::,:.~".'.".:
any way to become a nuisance. SHF's use of and access to (and its".'..
citizen's use of and access to) the Premises and the facilities of
the Project, including parking spaces, shall enjoy the same'
superiority as that enjoyed by Clearwater for Youth, UPARC, "the'. ......
city of Clearwater Parks and Recreation Department, and YWCA":" .... '.'
(hereinafter referred to as the "Other Sponsors" or ..Sp9nsoring........ '..
Agencies"). Any resident or member of a Sponsoring. Agency. shall'be ....:.
ent i tled to part icipa te in a sponsored act i vi.ty of another.' :' ..... .
Sponsoring Agency for the same fee as that charged of members or.~ .....:
residents of the Sponsoring Agency, so long as there .is unfilled.' ,.
space in the sponsored activity. sap shall be charged on.a:..pro .;,..:....:.
rata basis for the use of the facilities .of the. Project: and~.such...:..,;::.;L.;.:,
charges shall be consistent with and in proport.ion to those\'.charged':-'.'
by the Foundation to the other Sponsors, and shall be' subject.: to ".:-.:' .:.:>.
the same rules, regulations, and policies as imposed on' the.'Other.":"'~:~::~j.:;:.\.
.... . ..t...:. ',' .....
Sponsors. ." ... ....:.,,:-.;......::' '. .... ;:"1;'\',1':';'"
; .'. ',,i.:.. :......; "::::.::::~tr"t.:.~
.'" . \.. ". .. ,! . ,.,.; .,'.:..... '., ."...,.', \, ......, ....'#1 ."
'. .. .' I:.:. ~.~.:il'::._ .~. ~ . .: ~~. ..~ ":'..:'.:~.'.;I~
I .::". ,:';~,~-,?,;"" .;'::~;.;:;I;~;:~~r
. .' . '~~\.):...~:.:,':.:::'. .'.::::;.r~::~:~;.:~'
. , .............. ". .. It ..."., ,. "',"'.'
'. I ..... . .... .. .'f....... .<f....
" ~.. . ..........' . :'1 .... '. '.._.:;
.f ....!:.' .... 't:.. .,il.: .
5. Contribution to Construction Fund. To provide funds
for the construction of the Project, SHFIlereby covenants and
agrees to contribute to the construction fund, Three Hundred
Seventy-Five Thousand and No/lOath Dollars ($375,000.00). Said
contribution (the "SHF Contribution") shall be made within
fifteen (15) days after the issuance of the Certificate.of
Occupancy for the Proj ec t by the appropria te governmen tal' agency.... ..:.:.::~':-~,
. .~
I .
. . ::'\ .~.
6. Operating Expenses. SHF shall be responsible for .
paying its pro rata and equitable share' of the operating expenses
of the premises not to exceed Seven Thousand Two Hundred Dollars
and No/IOOths ($7,200.00) during the first year of the term
hereof, payable in equal "mon thly ins tallmen ts of Six Hundred and. .,.. .:.
No/IOO ths Dollars ($600.00). The opera ting expens es may. include, .... ,,:.;;,.:J.:'..\;
bu t shall no t be 1 imi ted to, utili ties (exclusive of telephone '. .. .... ....':.
services), insurance, janitorial service, grounds maintenance, ..
waste removal, water, sewer, replacement costs of capital :
improvements, and common area maintenance. SHF's payment of. .its.. . . .' ."_
pro rata share of the operating expenses of the Premises may be . . ~.
increased or decreased on an annual basis,consistent,with.and..in.f..". ...,
proportion wi th . the annual"increases'\":ot"\'de'd'r'e'a:ses.!lf.'cn~'rge(f'Jt'~~EI1ef.'r.~~~
Other Sponsors. The Board of Trus tees of the Foundation. shall '.. .'. ......... ..
determine and levy the assessments for the operating expenses.
.. .
. . .
'. . . to' t' . _, .
.. :~., ';':.~.'.~,...'" '.
o. I" ..0. . .0
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t' .. ...... .'
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. . '" \. '. ...... ,<:.:....\., II ~..:tL't".I..."'.
.. .... .l....~.. ....!., :;.~::-.. ~~~~~:';~'I
. '..,' ...
..' . 0;. ....i~;.::,;:.~:,:;;:.~:;-.::,T:~
.' .' . ~ v : ~. '.. .::. . '/.:'~ ..:!.....:~~. ..~:.
. .' " ': :::;~: ~':,:,:~:;;~~:';/'~:~'/"
d ,:. :: of,.
.1" ...... .J....:..... '".
. .
7. Maintenance. Foundation shull maintain and keep in
good condition and repair any and all interior systems, fixtures,
equipment, and machinery servicing the Premises, including, but
not limited to, all mechanical and electrical systems and
equipment, plumbing systems, water-heating systems, and heating
and air-conditioning systems. Foundation shall also keep and
maintain the bathroom facilities in the Project, the common areas
of the Project, the parking lot and grounds of the Project, and,~
the foundation and structural portions of the Project in good
condition and repair, including the exterior masonry walls and
the roof of the Project. Notwithstanding anything contained
herein to the contrary, snF shall be responsible for providing at
its own expense, any equipment, fixtures, machinery, or other
goods and effects needed and utilized by it in its .daily ,,:~::,j/1!\~~!~\'
operations and instruction of its citizens in the Premises, and
shall also be responsible.for paying the cost of maintaining,
installing, and repairing any and all such equipment, fixtures,
machinery, and other goods and ~ffects.
8. .SHF's Fixtures. At the termination of this Agreement,
SHF shall, if not in default hereunder and if no damage will
result to the Premises thereby, remov~ its detachable fixtures,
equipment, machinery, goods and effects, and those of all persons
claiming by r through, or under it, and shall"surrender the
Premises and all improvements thereto in good order, repair, and
condition, reasonable wear and tear excepted, to Foundation or
its successors or assign~. Any permanently-installed fixtures,
alterations, or improvements shall be deemed real property, and
at the option of Foundation, shall remain the property of
Foundation at all times during and after the term hereof. In the
event Foundation permits SHF to remove any such permanently-
installed fixtures, 'alterations, or improvements, and any damage
to the Premises results from such removal, SHF shall repair such
damage at its own expense, and shall restore the Premises to the
same repair and condition as when SHF took possession thereof,
reasonable wear and tear excepted.
9. Telephone Service. Foundation shall be responsible for
bringing telephone service to the Project, and SHF shall be ." '. ....,
responsible for securing telephone service to the Premises. SHF
shall also be responsible for making monthly payment theref9r
directly to the service provider.
10. Capital Improvements. Should SHF desire to make any
capital improvements to or expansion of the Premises, SHF shall
first secure the written approval of the Board of Trustees of the
Foundation for any or all such improvements, which approval shall
not be unreasonably withheld.
11. Insurance. Foundation shall keep the Pt'oject insured
as required, to the extent applicable, by the provisions of
Paragraph 19 of the Lease. Said insurance policies shall include
a standard waiver of subrogation clause against SHF and shall
name as an additional insured thereunder.
: ~ '. ., 'I ~ \ ,'.: .' .. , " J' "",', " . , " ,_ .:.
:
SHF shall at all times and at its cost maintain public
liability insurance on the Premises with a combined single-limit
of at least $1,000,000.00 for personal injury, death, and
property damage, which insurance requi~ement may be increased
from time to time at the direction of the Board of Trustees of
Foundation. Said public liability policies shall carry both the
names of Foundation and SHF as the named insureds as their
respective interests may appear, and SHF shall provide Foundation
with a copy thereof upon taking occupancy of the Premises and,
upon request from Foundation, ,it shall' exhibit receipts showing
payment of premiums. Such policies shall further provide that
the insurer shall not cancel, alter or allow expiration or other
termination thereof without at least twenty (20) days prior
written notice from such insurer to Foundation.
. .~
SHF shall at all times and at its expense maintain' insurance
against loss by fire and other casualty with extended coverage on
its furniture, 'fixtures, inventory, eqUipment, supplies and
personal property located in the Premises, and said policies
shall include a standard waiver of subrogation clause against
Foundation.
. . '~.:, . ',1 .. : ,.' I''; .'
12. Inspection. Foundation, upon giving reasol1abl~ n,~..t::ic;=e,.\.. h!i'.".'':~:,/',
to SHF, shall have the, right to inspect the Premises at all "
reasonable times.
13. Assiqnrnent. SHF shall not assign this Agreement or any
of its rights hereunder without the prior written consent of the
Foundation, which consent will not be unreasonably withheld. If
Foundation consents to any such assignment, SHF shall only be
permitted to assign this Agreement or its rights hereunder to
another organization or entity whose mission and purpose are
consistent and not in conflict with those of SHF.
14. Compliance with Laws and Requlations. SHF shall comply
with all federal, state, county, and city laws, ordinances, rules
and regulafions affecting or respecting the use or occupancy of
the Premises by SHF or the business at any time thereon
transacted by SHF, and SHF shall comply with all reasonable rules
which may be hereafter adopted by Foundation for the protection,
welfare and orderly management of the Project and its users or
occupants.
15. Cleanliness of Premises. SHY will keep the interior of
the Premises clean and will not store any refuse, trash, or ,
hazardous materials in the Premises or in or around the Project
of which the Premises form a part, other than in the refuse
containers provided by Foundation.
'16. Redeliverv of Premises. SHF shall, on the expiration
of this Agreement, deliver up the Premises in as good order and
condition as it now, is or may be put by Foundation, reasonable
use and ordinary wear and tear thereof and damage by fire or
17. Representation on Board of Trustees. Foundation hereby
grants SHF voting representation on the Board of Trustees of The
Center Foundation, Inc., equal to the voting representation
enjoyed thereon by the other Sponsors.
. .~
other una~oidable casualty, condemnation or appropriation
excepted, and SllF shall promptly surrender 'all keys to the
Premises to Foundation.
18. Siqnaqe. Foundation hereby grants SHF the right ~o
have its corporate sign on Belcher Road as'a part of The Center's
signage. SHF shall be permitted signage of equal quality, size,
distinction, and exposure as the Other Sponsors. In addition to
signage on Belcher Road, Foundation hereby grants ,SHF signage in
The Center's main.entrance/courtyard area, and on all doors and
entrances to the Premises. All signage must be in accordance
with local ordinances, rules, and regulation.
19. Validity. It is understood and agreed that in the'
event any provision of this Agreement shall be adjudged, decreed,
held, or ruled to be invalid, such portion shall be deemed
severable, and it shall not invalidate or impair the agreement as
a whole or any other provisions of this Agreement.
20. Successors and Assiqns. This Agreement and all
provisions, covenants and conditions thereof shall be binding
upon and inure to the benefit of the heirs, legal represent-
atives, successors, and assigns of the parties hereto.
21. Survival. This Agreement shall remain in full force
and effect and shall survive any merger or consolidation of
Foundation with any other entity, or any merger or consolidation
of SBF with any other entity. If Foundation or SHF should so
merge or consolidate with another entity during the term of this
Agreement, such merger or consolidation shall not be deemed to
constitute a default hereunder, and the resulting entity shall
succeed to all the respective rights, duties and obligations of
Foundation or SHF under this Agreement.
22. Entire Aqreement. This Use Agreement and the exhibits
attached hereto constitute the entire agreement between the
parties and supersede all prior agreements. No waivers,
modifications, additions, or addenda to this Agreement shall be
valid unless in writing and signed by both Foundation and SHF.
23. Governing Law. This Agreement shall be governed by and
construed in accordance with the laws of the state of Florida.
24. Arbitration of Controversy. All controversies, claims,
disputes concerning the construction, performance or breach of
this or any other agreement between the parties hereto, whether
entered into prior or subsequent to the date of this Agreement,
shall upon demand ~nd notice by either party, be determined by
arbitration in accordance with the rules of the, American
Arbitration Association. The decision of the arbitrators or a
majority of them shall be final.
25. Recording. This Use Agreement may be recorded; or a
short-form Agreement reflecting the parties hereto, the commen-
cement date and term of this Agreement, and a description of the
real property upon which the Project is located may be recorded in
the Public Records of pinellas County, Florida.
26. Notices. Any notices provided for hereunder shall be
sent by certified mail, return receipt requested, to the
Foundation, c/o Executive Director, lSOl North Belcher Road,
Clearwater, Florida, 34625, and to SHF, c/o City Manager, Safety
Harbor, Florida, 34695, or to such other address as either party by
written notice to the other may direct.
27. Attorneys' Fees. Should i~ become ne~essary for
either party to enforce this Use Agreement by legal process,
including arbitration proceedings, all costs of such proceedings,
including reasonable attorneys' fees through and including any ,
appellate proceedings, shall be borne by the non-prevailing party~''''d:.;'~,~,
IN WITNESS WHEREOF, the undersigned parties have set their
hands and seals the day and year first above written. .
,,'..; ~ i. . t ,~ . ; ".! . ..;,.l'-f.,'''~ (~":"":~ !~~,~'. ,,~: :;I,i . 'r.:' :";':r;' ~:~.'i1~1.'/lj:...~~;;:~::~:':~'~.i~";~'.tf I:': .:.,..; :.,..;c:--.
Witnesses;
THE CENTER FOUNDATION, INC.
'-.
rederick
Chairman
"FOUNDATION"
CITY OF SAFETY HARBOR, FLORIDA
B
"" '"
'ssioner
'l ~'
C. <:97/7 ~~ z ~
By:
ATTEST:
Aft) ~'.
~ Ro1:>e.bt: . Hoskins ,
City Attorney
III,
~<NL~' 0"d~
Deputy Ci ty ,Clerk
"SHF"
. "
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. .
STATE OF FLORIDA
)
)
)
SS:
COUNTY OF PINELLAS
)
I hereby certify that on this day, before me, an officer
duly authorized in the State aforesaid and in the County aforesaid
to take acknowledgments, personally appeared Frederick E. Fisher,
Chairman, Center Foundation, to me known to be the person described ~
in and who executed the foregoing instrument and he acknowledged
before me that he executed the same.
WITN,ESS 'my hand and official seal in 441.:t2t ~~':'''ii~'~~~i
pinellas County, Florida, this d~~day of AprilPI'W90. ' .I~~..
My Commission
Expires:
NOTARY PUOllC STATE Of fLORIDA
~y CO~~tS~tQ~ (~r, r.~h 31,1~91
[jC~CED ~n;::.J W:E; :,;, U:S. lam.
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otary Public t i- t /.... / -,,'7 ),~,
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STATE OF FLORIDA
)
)
)
SS:
:. .',: :'~~'''.I~~:.;',~.:.:
COUNTY OF PINELLAS
I hereby certify that on this day, before me, an officer' :"~
duly authorized in the State aforesaid and in::,th~:~~.~,~H.~:y~a.;,C?:r;~~,~!P~',""':'"
to tak~acknowledgments, P7rsonally appeared ,;1RTH~~ Zeu/,vtZ " ,,,..,'..
-:J'D/1N J , 'Uow.ue:-~ .' CIty of Safety Harbor, to ~e.,.~~own to be.,~~':'.,;',::;',:;~,_,~',""
the personsdescrlbed In and who executed the foregoIng Instrument ','.rA....,.,,,. ",
andfhe/acknowledged before me thatfheyexecuted the same. .." .. ,.::;:,..':~';~;~I;;.'~:~:
WITNESS my ~and, and official seal in S/JfeT!? ;I-/4.e&.e '.......;",.,...
pinellas County, Florida, this ~t,~ day of -April, 1990. ,,',,: ".\~':\\:.........,',~:.".I,"'l
. ". "..
.' . :.'. . .:..:; . .. .~
'.\ .~... ...I~?:i.~....t.~";r"" .-:~..
. .~ ~_ ." ,,, 't' ."
, "
My Commission Expires:
I Florida
Notary public, s~ate J 0 30 1993
My commiuion ~U8S an. '
. . . '; ....::'.'i~'.'.~. '. 0".'
//) 1/7 .. / ~,.\\.\\I!\III;~i~(~:~'" "":
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Exhibit E
Core City of Clearwater Programs at the Long Center
Current City core programs (including but not limited to) scheduled at the Center:
Aquatics Programming
1. Instructional and competitive, recreational teams, lessons, practicing classes and clubs.
2. Four regionaVnational swim meets.
Therapeutic Recreation
Instructional, competitive and recreational
· Teams
· Lessons
· Practices
· Classes
· Clubs
. Special Events (i,e,: Nursing Home Games)
. Competitions
. Senior Adult Activities
. Good Life Games
General
· Meetings
Athletics, (depending on other partners offerings)
Youth and Adult Athletics - Instructional, competitive and recreational
. Teams
. Lessons
. Practices
. Classes
· Clubs
. Tournaments - one per programming area (i.e.: boys basketball)
. Leagues'
Activities Currently Not Scheduled but Available for Future Service Delivery, (Depending
on other Partner offerings)
· Special Events
. Camps
. After School Programs
. Instructional Classes
. Clubs
. Youth Development Programs (Teens and Young Adults)
~
. .
i":-
'~:'
~
"
:;.
"
:i
Exhibit F
Annual Rentals
CAT Meet
Other Colle e Swim Teams
Teacher's A reciation
Gemini G mnastics
A olIo mnastics
CAT Meet
CAT Masters
Gemini G mnastics
CAT Meet
Bobb Bowden
Cat Show
Am. Sewin Guild
Clearwater Chamber
Clearwater Hi h
Count side Hi h School
peL Swim Meet
Kiwanis Health Fair
Cit of Safet Harbor
PAL Swim Meet
Clearwater Central Catholic
Count side Hi h School SWInumn
Gemini mnastics
Gemini G mnastics
QuiItin
Rota Swim Invitational
Clearwater Chamber
Other Colle e Swim Teams
CAT Meet
J anuaty
Janua
Janua
Februa
Februa
F ebrua
F ebrua
March
March
A ril
A ril
A ril
Ma
June
June
June
Jut
Au ust
Au ust
Au -N ov
Au -N ov
Se tember
October
October
October
November
December
December
. .' .
,:.' . t < '. . :~ '",
. >t.
Agenda: (02/21/02)
Item #15
i
!
, ,
,
I
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I
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.
/tJ It( .
Clearwater City Commission
Agenda Cover Memorandum
Worksession Item #:
~
/~)
Final Agenda Item #
Meeting Date:
02/21/02
SUBJECT/RECOMMENDATION: Ratify and confirm the additional transfer of $43,807.50 to the
State of Florida Department of Transportation (FOOT) for the relocation of existing potable water and
sanitary sewer facilities impacted by the FOOT's S.R, 595 (All. US 19/Fort Harrison Ave.) Roadway
Improvement project,
IE and that the a~riate officials be authorized to execute same.
SUMMARY:
· The Florida Department of Transportation (FOOT) has designed the roadway widening of S.R. 595 (All.
US 19/Fort Harrison Ave.) from West Bay Drive to Drew Street. The proposed improvements will
include resurfacing the existing roadway and upgrading the drainage system. Construction is cu rrenUy
anticipated to begin in June 2002, and take approximately one year to complete. This roadway
improvement project will necessitate the relocation or adjustment of the City's water and sanitary sewer
mains and appurtenances within the project limits. The City of Clearwater's Engineering Department
has coordinated the design for these utility accommodations with FOOT representatives. FOOT will
receive bids for the combined roadway improvement and utility relocation work and make award of bid
to the low bidder.
· The original agenda item (approved 8/2/01; item #29) established an engineer's preliminary estimate in
the amount of $100,000. FOOT's timeline for JPA projects is such that the agreement must be
processed prior to the FOOT'S roadway design being completed. Typically, changes occur in the
design that warrant changes in the City's Utility Relocation Plans, and thus changes to the estimated
construction amount. In this instance, the final engineer's estimate is $143,807.50. FOOT requires this
amount to be transferred prior to their project being advertised for bid. The exact costs will still be
determined by the contractor's bid and may vary from this amount. Project will be competitively bid by
FOOT. The breakout of the additional funds required by the engineer's estimate is as follows:
Capital Proiect:
Water Line Relocation:
Sanitary Utilitv Relocation:
Expense Code:
343-96742-563800-533-000
343-96634-563800-535-000
Total:
Amount:
$33,782.50
$10,025.00
$43,807.50
. 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 funding for this agreement is available in each of the projects specified.
Reviewed by:
Legal
Budget
~
.,>~
'.-J
1tx
Info Srvc
Originating Dept: -1-(.; Costs
N/A Public Works (L. Murrin) Total 543,807.50
User Dept. 1It1 Funding
Sourco:
Public Works Current FY _~,807 ,50_ Cl X
Attachments OP
Othor
N/A
Purchasing
Risk Mgmt
DCM/ACM
Other
Printed on recycled paper
Appropriation Codos:
343-96742.563800-533"()OO
343-96634-563800-535..000
.--....
Alt. US 19 (West Bay Drive to Drew Street) Utilities JPA w/FDOT Ratify & Confirm
o None
Submitted by: J.J"
City Manager n ~,.
I?<AI ,.,.~ r"
Rev. 2/98
'. ~ .~ .~'.>~': '. ~".~;.,., I' ~ . '\<.", . . ., ~... ' <...... ..'....:.' ~ :'.. ~,':.... !\,:..:~I ~. '; ',..., "', ~', '1'" '}~ ..'''~
Clearwater City Commission
Agenda Cover Memorandum
Workspssjon It(lm II: Pw it ~
Final Agend,l Ill'llllI / 0J
,
Meeting DatI': 2/21/02
SUBJECT/RECOMMENDATION: Approve Supplemental Work Order #1 in the amount of $'18/000 to
Tampa Bay Engineering, Inc., for additional utility relocation design services being pprformed in
conjunction with the Florida Department of Transportation's (FOOT) S.R, 55/US 19 (CSX RR to south of
Enterprise Rd,) roadway improvement project,
,~ and that the appropriate officials be authorized to execute same,
SUMMARY:
. The Florida Department of Transportation (FOOT) has designed the roadway improvements of S,R. 55/US
19 from the CSX RR to south of Enterprise Rd. The improvements will include constructing overpass(~s at
the intersections of N.E. Coachman and Sunset Pt. Rd. Construction is currently anticipated to begin in
January 2003. This roadway improvement project will necessitate the relocation or adjustment of the
City's water and sanitary sewer mains and appurtenances within the project limits. The City of
Clearwater's Engineering Department has coordinated the design for these utilities \'lith rOOT
representatives. FOOT will receive bids for the combined roadway improvement and util i ty relocation
work and make award of contract to the low bidder.
. The City issued purchase order #23829 on 12/9/99 to Tampa Bay Engineering, Inc., in the amount of
$91,825.00 to perform engineering design services for the purpose of water and sewer relocation to avoid
conflicts with the FDOT's roadway project.
. Recent changes by FOOT to their final roadway plans have made it necessary for the City to revise our final
Utility Relocation Plan. The additional funding required for these design services is as follows:
Capital Proiect:
Water Line Relocation:
Sanitary Utility Relocation:
Expense Code:
343-96742-563800-533-000
343~96634-563800-535-000
Total:
Amount:
$13,680,00
$ 4,320,00
$18,000.00
. 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 for this agreement is available in each of the project codes specified.
. A copy of the work order is available for review in the Clerk's Office.
Reviewed by:
Legal
Budget
Purchasing
0-
Risk Mgmt N/A
Info Srvc
N/A
Originating Dept: -1-^
Public Works (L. Murrin)
User Dept. ~
Public Works ,~
Costs
T olal $ t n,ooo.OO
Public Works
DCMlACM
Other
Curn-nl ry $lU,O()O,1I0
FundinJ.; Source:
('I X
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Submitted by:
City Manager '0 _"& JJ
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Appropri&1tiun ((Ideo;:
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US 19 (CSX RR to south of Enterprlsl' Rd.l Ullllth.\ Ut'\lllll \UI'I,It'tlll'nt.lll1 t
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City of Clearwater
Engineering Department
THE Work Order Initiation Form
Date: December 27, 2001
Revision Date: January 2,2002
TBE Project No. 00083-040-00
City Project No, UT-O 10402
1.
PROJECT TITLE:
Supplemental Number One
US 19 - South of Coachman to North of Sunset
City Project Number UAS - 120299
2. SCOPE OF WORK: TBE will provide all services necessary to accomplish the following:
~ Review revised FDOT 100 percent plans,
~ Redesign the City's utility plans as necessary to accommodatePinellas County's water
design.
~ Acquire CADD files from FDOT.
~ Redraft plan and profiles onto new base maps.
~ Revise relocation schedule.
~ Review and revise the cost estimate.
3. BUDGET: An additional fee of$18,000 has been established for this assignment broken
down as follows:
A.
B.
Water
Wastewater
$13,680
$ 4,320
4, SCHEDULE: To be determined by the FDOT production schedule.
5.
TBE STAFF ASSIGNMENTS:
Bill Cook, 727/531-3505.
6, CORRESPONDENCEfREPORTING PROCEDURES: Correspondence shall be sent to
Michael D, Quillen, PE, City Engineer for the City of Clearwater,
7, INVOICINGIFUNDING PROCEDURES: Invoicing will be at the end of the month in
which work on the project has been performed. Invoicing will be based on actual time and
direct reimbursable cost expended, Invoicing Method A (cost times multiplier) shall be used.
];\DOC\00083\00083040,OO\WQSuppl,doc
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Supplemental Number ,e
US 19 - South of Coachman to North of Sunset
City Project Number VAS - 120299
Page 2
; .
City Invoicing Code (Water):
315-96742-56J300-533-000
$13,680.00
City Invoicing Code (Wastewater):
315-96634-561300-535-000
$4320.00
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 plans, to the best of my knowledge,
information and belief, 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:
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Michael D, Quillen, PE Date
City Engineer
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Richard T. Doyle, AICP, PE D~te -
Senior Vice President
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Final Agenda Item #
Pw -tl 3
/7
Clearwater City Cornnlission
Agenda Cover MelnorandUlll
Worksession Item #:
Meeting Date: 02/21/02
SUBJ ECT/RECOM M EN DATION:
Award a contract to OMS Environmental, Inc., in the amount of $135,000 for smoke testing of
sanitary sewer lines at various locations throughout the City of Clearwater, in accordance with Sec.
2,564(1 )(d), Code of Ordinances, City of Port Orange, Florida contract,
[!] and that the appropriate officials be authorized to execute same.
SUMMARY:
. The City has determined that existing sanitary sewer pipeline smoke tests will be required over the next eight
months, Our goal is to maintain the integrity of the sanitary sewer system and minimize disruptions in service
to our citizens,
. DMS Environmental, Jnc,. has agreed to honor the rate schedule as outlined in their contract with the City of
Port Orange,
. The City of Clearwater will direct the contractor to those high priority areas as established in the Smoke
Testing and Inspection Program of the Sanitary Sewer Evaluation Study, The areas targeted were based on
the age of pipes and lines showing high flow rates indicating possible groundwater infiltration,
. 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 2002 Water/Sewer Revenue Bond Construction Fund project Sanitary
Collection and Transmission R & R (343-96665) to fund this contract,
Reviewed by: 0 h
Legal '-f-l.!:- Info 8rvc N/A
Budget "oJ' Public Works ~
purChaSln~ DCM/AC~
Risk Mgmt N/A Other
Originating Dept: ,f)
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Public Works (l. Murrin)
User Dept.: Public Works
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Costs
Total $135,000
Current FY $135,000
Funding
Source:
CI
OP
Other
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Attachments
l,ocation Hap
Submitted by: 'D _'.& AI Appropriation Code:
City Manager ~ ~~Wl' - IKI None 343-96665-563800-535-000
Printed on rl'cycled paper 2002 Sanitary Sewer Smoke Testing and Inspection (OMS Environmental, Inc.)
Rev. 2/98
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FROM
DMS ENVIRMENTAL, INC.
FAX NO.
407 860 3048
Jan. 24 2002 03:06PM P2
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CITY OF PORT ORANGE
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1000 CITY CENTER CIRCLE
PORT ORANGE, FLORIDA 32119
TELEPHONe 904-756-5200
FAX 904-756-5290
January 23, 2001
Ms. Lisa Murrin~ P .E.
Utilities Engineering Manager
City of Clearwater
Post Office Box 4748
Clearwater, Florida 33758
Regarding: Smoke Testing, Sanitary Sewers, City of Port Orange, Florida
Dear Ms. Murrin:
The City of Port Orange, Florida has contracted by blanket purchase order #038997 with
dms Environmental, Inc. for the purpose of sanitary sewer smoke testing. dms provides
the City of Port Orange with smoke testing, field data sheets, video photography,
subsystem indexing for problem areas and a cursory final report, Their low bid price of
twenty cents ($.20) per linear foot was recongnized and formally approved by the City
Council at their regular meeting on October t 1, 2001
If you have:my questions regarding their contract, please do not hesitate to contact me at
386~ 756-5431 or 386-547-8472 mobile.
SinC;rce1Y,
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(lJohn Rising
Wastewater Supervisor
"Growing In Beauty and Opportunily"
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FAX NO. : 407 860 3048
Jan. 24 2002
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DATE:
10/11/01
E;':~ TE -: AX i:.XC::M~T "i.''?3 OS~~ U2 :,..":"
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.. 'R'E'QUISITION # CO 2 - 0 0 9
VF.NDO:'\:
DMS ENVIRONMENTAL, INC.
P.O. BOX 4293
ENTERPIRSE FL 32725
SHIP TO:
CITY OF PORT ORANGE
PUBLIC UTILITIES ADMIN
1000 CITY CENTER CIRCLE
PORT ORANGE FL
32119
(407)574-6725
, VENDOrl "1':
DATE NEeDED:
FOB:
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G~~VMOD!r'( ~i: I DESCR:PTICN
ACCOUNT f?
UNIT PRier-::
'[Ol'AL COS",;"
BLK BL TeA ~1ibE FO
R SMOKE TESTING SEWER
LINES IN ALLANDALE
***** BLANKET PURCHASE OR
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PROJECT #: UET006
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BLANKET PO TO SMOKE TEST NEW SEWER LINES
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IMPORTANT - TO RECEIVE PAYMENT AlL INVOICES AND SHIPPING LABELS MUST SHOW PURCHASE ORDER NUMBER & DATE
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Final Agenda Item #
Meeting Date:
..pIN t1- 5
jr!
Clearwater City COlnmission
Agenda Cover Menlorandunl
Work session Item #:
2/21/02
SUBJECT/RECOMMENDATION: Award a contract for legal advice concenling thc FDEP consent
agreements with Akerman, Senterfitt & Eidson, P,A. not to exceed the amount of $10,000,
l!I and that the appropriate officials be authorized to execute same,
SUMMARY:
· This Agenda Item provides for legal advice from Mr, Tim Smith, an environmental attorney, with Akerman,
Senterfitt & Eidson, P.A" during negotiations with FDEP on the City's consent agreements, Staff is
currently negotiating these consent agreements, one for each wastewater treatment plant. Additional specific
legal assistance is required due to the unique mix of technical and legal issues involved,
· Mr, Smith has the background needed to support negotiations, including prior employment with FDEP.
Discussions with Mr. Smith indicate he has sound knowledge of the issues involved (copper limits, toxicity
and trihalomethane limits) and understands how and why these linlits were formulated, He also has a
number of contacts in FDEP, which may prove useful during negotiations,
· Sufficient budget is available in the Water Pollution Control annual operating budget.
Reviewed by:
Legal Info Srvc N/A
Budget ~ Public Works ~
Purchasing ___ _ DCM/AC~ ~
Risk Mgmt N/A Other N/A
--
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Originating Dept:
PWA f)N
UserDept. j,J
Public Utilities/MIlligan
Attachments
Costs $10,000
Total
Current FY $10,000
Funding Source:
CI
OP X
Other
Submitted by: b'., j I _
City Manager I)4M j~
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o None
Appropriation Code:
421-01351-530100-535-000
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Item #19
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Fin<ll t\gencla Item #
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Clearwater City Commission
Agenda Cover Memorandum
Works('s<.,ioll Item #:
t\-1Peting Da!p: 2/21/2002
SU BJECT /RECOMME N DATION:
Approve the amendment of the Capital Improvement Program (CIP) to restructure current Stormwater Utility
funding by reducing project budgets by $306,300,92 of stormwater revenue and $6,628,284.45 of FY99 revenue
bond proceeds for a total decrease of $6,934,585.37 and increasing project budgets by $18,135,387,00 of FY02
revenue bond proceeds, $3,100,000,00 of grant revenue from the Southwest Florida Water Management District
(SWFWMD), $1,500,000.00 of grant revenue from a Florida Department of Environmental Protection (FDEP) water
resource grant and $277,000,00 of lease purchase revenue for a total increase of $23,012,387.00, resulting in a
net budget increase of $16,077,801.63,
~ and that the appropriate officials be authorized to execu~e same,
SUMMARY:
. On November 15,2001 Ordinance 6855-01 was passed increasing stormwater utility rates per equivalent residential urit (ERU)
to $6.13 beginning January 1, 2002, $7,16 beginning October 1, 2002, $8,01 beginning October 1, 2003, $8,65 beginning
October 1, 2004 and $9.35 beginning October 1, 2005,
. In 2001 Burton and Associates completed a stormwater utility rate study update requesting five rate increases over the period
January 1, 2001 to October 1, 2005. These ClP budget amendments were part of the funding requirements included in the rate
study update,
. The restructuring is to improve operating cash flows in the Stormwater Utility Fund by converting project funding from
unrestricted operating revenues to future bond proceeds, to establish project budgets for Commission approved funding
agreements with other governmental entities, to establish project budgets for new FYOl and FY02 projects included in the 2001
rate study update and to adjust budgets in the 99 Stormwater Revenue Bond Construction Fund to equal the actual proceeds
received from the issuance of the bonds. All of these amendments are in line with the 2001 rate study update,
. 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 witn 2002 revenue bonds as a funding source were included in the
project list associated with Resolution 01..21,
o Cooperative funding agreements with the SWFWMD and FDEP were previously approved by the Commission as follows:
. Kapok Wetland & Floodplain Restoration
. Stevenson Creek Implementation Projects
. Stevenson Creek Implementation Projects
. Town Lake
SWFWMD
SWFWMD
FDEP
SWFWMD
$ 500,000
$ 750,000
$1,500,000
$1,850,000
1/24/02 Item 16 (Total $3,000,000)
7/12/01 Item 21 (Total $750,000)
8/2/01 Item 24 (Total $1,500,000)
11/18/99 Item 20 (Total $3,105,000)
. Project budgets will be amended at first quarter as outlined on the attachment.
Info Srvc ~/Jr;j
Public Works ~
DCM/ACM~~
Finance ~
Gen .4
Services/Fleet
Submitted by: i)'.. j J
City Manager ~ Me v~4;a
~ Printed on recycled paper
Reviewed by:
Legal
Budget
N/A
t:
Originating Dept: ~
Public Works Adm (KBush
User Dept. I
Public Utilities ~
Costs
Total
N/A
Purchasing
Current
FY
Funding Source:
CI
Attar.hments
Project List
OP
Ollwr
Risk Mgmt
NA
o None
Appropriation Code:
Rl'Y. :l/l)1I
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Project Funding Budget
D ~J;rlQ.tiQo. Number Source Incr/(DecLl.
Alligator Crk Implementation Design 315-96120 Stormwater Rev $ 999,000,00
Cooper's Pt Restoration & Mgmnt 315-96121 Stormwater Rev 30,000,00
Stormwater Rato Study Projects 375-96122 99 Rev Bonds (5,062,934.45)
Storm pipe System Improvements 315-96124 Stormwater Rev (651,160.00)
Stormpipe System Improvements 377-96124 02 Rev Bonds 1,692,620,00
Town Lake 377 -96125 02 Rev Bonds 828,300.00
Town Lake 315-96125 SWFWMD Grant 1,850,000.00
Town Lake 375-96125 99 Rev Bonds (801,600,00)
N, Greenwood Stormwater Retrofit 375-96127 99 Rev Bonds 184,000.00
Allen's Creek Gabion 375-96128 99 Rev Bonds (579,000,00)
Stevenson Crk Estuary Restoration 375-96129 99 Rev Bonds (453,750.00)
Stevenson Crk Estuary Restoration 377 -96129 02 Rev Bonds 1,250,000,00
Enterprise Rd Crossing Channel B 375-96131 99 Rev Bonds (75,000.00)
Fairwood Avenue 375-96135 99 Rev Bonds (500,000.00)
FDEP Compliance 315-96137 Stormwater Rev (347,596,00)
FDEP Compliance 377-96137 02 Rev Bonds 968,000.00
Sharkey Rd Drainage Improvements 315-96140 Stormwater Rev (300,000.00)
Sharkey Rd Drainage Improvements 377-96140 02 Rev Bonds 900,000.00
Kapok Wetland & Flood Plain Restor 315-96141 SWFWMD Grant 500,000.00
Kapok Wetland & Flood Plain Restor 375-96141 99 Rev Bonds 190,000,00
Kapok Wetland & Flood Plain Restor 377-96141 02 Rev Bonds 10,941,467,00
N, Beach Neighborhood Drainage 375-96143 99 Rev Bonds 470,000.00
Stevenson Crk Implementation Projs 377-96144 02 Rev Bonds 1,005,000,00
Stevenson Crk Implementation Projs 315-96144 SWFWMD Grant 750,000,00
Stevenson Crk Implementation Projs 315-96144 DEP Surface Water Grant 1,500,000,00
Tropic Hills Drainage Improvements 377-96145 02 Rev Bonds 550,000.00
Grade-All Excavator 315-96146 Lease Purchase 200,000,00
Laptop Computers for Field Crews 315-96147 Lease Purchase 45,000.00
Well Points & Headers 315-96148 Lease Purchase 32,000.00
Citywide Aerial Photography 315-96516 Stormwater Rev (12,214.92)
PW Infrastructure Management Syst 315-96521 Stormwater Rev (24,330,00)
$ 16,077 ,801.63
Recap by Revenue Type:
Stormwater Rev $ (306,300.92)
99 Rev Bonds (6,628,284.45)
02 Rev Bonds 18,135,387.00
SWFWMD Grants 3,100,000,00
DEP Surface Water Grant 1,500,000.00
Lease Purchase 277,000.00
$ 16,077 ,801,63
2
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Clearwater City Commission
Agenda Cover Memorandum
Worksp<;<;iollltl'/ll it:
i\\pl'tillg D.ltl': 2/21/2002
SUBJECT/RECOMMENDA liON:
Approve an amendment to the FY 2002 Stormwater Utility Fund annual operating budget increasing stormwater fee
revenue by $1,366,110; adding two full time equivalent positions (FTE) (Research Environmentalist and Senior
Accountant) at an increase of $59,100 including benefits; upgrading an Environmental Technician position to a
Research Environmentalist at an increase of $1,650 including benefits; upgrading four Public Service Technician II
positions to Public Service Technician III positions at a total increase of $5,400 including benefits; increasing debt
service by $53,000 for the lease purchase of a Grade-All excavator, well points and headers, and laptop computers
for field operations; increasing internal service charges by $28,000 for maintenance of and support for the
excavator and computers; increasing other equipment service by $3,000 for maintenance of the well points and
headers; increasing principal transfers to debt service funds by $329,000 and interest transfers to debt service
funds by $634,000 to provide funding for debt service on the 2002 revenue bonds when issued for a total operating
budget expenditure increase of $1,113,150 and a total net budget revenue increase of $252,960,
~ and that the appropriate officials be authorized to execute same,
SUMMARY:
. On November 15, 2001 Ordinance 6855-01 was passed increasing stormwater utility rates per equivalent residential unit (ERU)
to $6.13 beginning January 1, 2002, $7.16 beginning October 1, 2002, $8.01 beginning October 1, 2003, $8,65 beginning
October 1, 2004 and $9,35 beginning October 1, 2005,
. In 2001 Burton and Associates completed a stormwater utility rate study update requesting five rate increases over the period
January 1, 2001 to October 1, 2005. The additional operating costs were part of the funding requirements included in the rate
study update.
. The stormwater fee revenue increase is 26% over the original budget for FY 2002 which is in line with the increase anticipated
in the 2001 rate study update.
. The position upgrade from Environmental Technician to a Research Environmentalist and the addition of a Research
Environmentalist position are to assist Stormwater management on water quality issues and to monitor and track National
Pollutant Discharge Elimination System (NPDES) reporting requirements,
o The Senior Accountant position will assist Stormwater and Public Works management primarily with project tracking and
analysis, the annual financial audit, capitalization of labor and other project charges, and budget preparation and tracking,
. The position upgrades for the four Public Service Technicians II to Public Service Technicians III are promotional upon
satisfactory completion of required NPDES training and certification,
. The lease purchase estimates are based on the assumptions used in the rate study of 6% over 5 years for the excavator and well
points and over 3 years for the computers. The requested budget increases are $41,100 and $11,900 for principal and interest
respectively.
. For the rate study the internal service charges were estimated at 15% of the equipment cost per year or $23,000 for % of FY
2002 for the excavator, $5,000 for the computers and $3,000 for the well points and headers.
. Transfers to fund principal and interest debt service for the 2002 revenue bonds are based upon an estimated principal amount
Reviewed by: Originating Dept: ~ Costs
Legal N/A Info Tech ?(({ Public Works Adm (KBush) Total N/A
Budget \ User Dept. f
CA.~IJ Public Works Public Works Adm/Vl t
Purchasing ~A DCM/ACM ~ Current
FY
Risk Mgmt NA Finance Attachments
--
Gen Services-
Fleet
Funding Source:
CI
Submitted by: At.
.a..........-. .....
City Manager ,. ,,-
Printed on recycled I)aper
or
Other
I.RI None
Appropriation Code:
Strnwlr FY02 1 Qlr URS Oprlng IIdgt Amend V-l l.mO;!
Rev, 2/9U
.. . , '.' ~ ',' , ". ..'. f;" " . 7,. ", .
..,
...
RETURN TO:
Earl Barrett
Engineering Dept.
City of Clearwater
p, 0, Box 4748
Clearwater, FI. 33758-4748
Parcell. D. #1 O.29-15-00000-240~0200
.
SPECIAL WARRANTY DEED
THIS SPECIAL WARRANTY DEED made this j b+ day of December, 2001 by
GREENWOOD APARTMENTS, LLC, a Florida limited liability company, whose mailing
address is 400 N. Ashley Dr" Tampa, FI. 33602, hereinafter called the "Grantor", to the
CITY OF CLEARWATER, FLORIDA, a Florida municipal corporation, whose mailing
address is 112 South Osceola Avenue, Clearwater, Florida 33756, hereinafter called the
"Grantee".
(Whenever used herein the term uGrantor" and "Grantee" include all of the parties to this agreement and the
heirs, legal representatives and assigns of individuals, and the successors and assigns of corporations)
W IT N E SSE T H
That said Grantor, for and in consideration of $10.00 and other valuable
considerations, receipt whereof is hereby acknowledged, hereby grants, bargains,
sells, aliens, remises, releases, conveys and confirms unto the Grantee, for right-of-
way purposes, that certain parcel of real property situate in Pinellas County, Florida,
vis:
A portion of the Northwest Y" of Section 1 0, Township 29 South,
Range 15 East, Pine lias County, Florida, as more particularly
described and depicted in EXHIBIT "A" appended hereto and by
this reference made a part hereof
To have and to hold in fee simple forever, together with all the tenements,
hereditaments and appurtenances thereto belong or in anywise appertaining;
And the said Grantor does hereby covenant with Grantee that the Grantor is
lawfully seized of said land in fee simple; that the Grantor has good right and lawful
authority to sell and convey said land; and that, subject to the matters set forth on
Exhibit liB" attached hereto, Grantor hereby warrants the title to said land and will
defend the same against the lawful claims of all persons claiming by, through or
under the Grantor, but none others.
Page 1 of 2
*5\/
. . . " . . , ' ~ -. . '.,' ~, , 'j J
~PECI~L WARRANTY DEED
Grantor: Greenwood Apartments, LLC
Grantee: City of Clearwater, Florida
RE: SW corner - Greenwood Apts.
IN WITNESS WHEREOF, the Grantor has caused these presents to be executed
in its name, and its corporate seal to be hereunto affixed, by its proper officers
thereunto duly authorized, the day and year first above written,
Signed, sealed and delivered
in the prese of (two witnesses):
v 4__
GREENWOOD APARTMENTS, LLC,
a Florida limited liability company
By: Bane of America Community
Development Corporation, a
North Carolina Corporation,
as Managing Member
BY:~:~.~
Roxanne M. Amoroso,
Vice President
7;J.t:rr'71 AI ie.-s
Print Witness Name
(corporate seal)
STATE OF FLORIDA )
) 55
COUNTY OF HILLSBOROUGH )
BEFORE ME, the undersigned authority, personally appeared Roxanne M.
Amoroso, as Vice President of Banc of America Community Development Corporation, the
Managing Member of GREENWOOD APARTMENTS, LLC, a Florida limited liability
company, who executed the foregoing instrument and acknowledged before me that she
is duly authorized and did execute the same on behalf of said corporation and said limited
liability company, as her free act and deed for the uses and purposes herein set forth, and
who is personally known to me or who did provide
as identification.
, JT
WITNESS my hand and official seal this 3/ day of December, 2001.
()au.h(CbaIu
Nqrary Public - State of Florida
Print/type name -10 DeL, j)olJ ~
0) JODEL DCAK
S MY COMMISSION II DO 068968
eXPIRES: November 2. 2005
1.ero:J.NOTARV FL NoI8'Y SeM<:e & Bonding, Inc,
1:\W.RE\11478\017\b of a grnwood wart deed 1201.wpd 12/18/01
Page 2 of 2
.
---LI
EXHIBIT "A"
J&ga I Description
A ~ORTION OF THE NORTHWEST 1/4 OF
SEtTION 10, TOWNSHIP 29 SOUTH, RANGE
15 'EAST, PINELLAS COUNTY, FLORIDA,
MORE PARTICULARLY DESCRIBED A
FOIl.LOWS:
,
FROM THE SOUTHWEST CORNER OF THE
SOliJTHEAST %' OF THE NORTHWEST '/4 OF
SAIp SEmON 10, TOWNSHIP 29 SOUTH,
RAMGE 15 EAST, RUN NORTH 30.0 FEET;
THENCE EAST 30.0 FEET FOR A POINT OF
BEGINNING; THENCE 5 89023'45,35" EASf,
60.(1000 FEET; THENCE N 50000'00.00"
wE$T, 30.0000 FEET; THENCE N
150IDO'QO.OO" WESf, 100.0000 FEET;
. THENCE N 05000'00,00" WESf, 115.1269
FEET; THENCE 5 00015'36.94" WEST,
230~5325 FEET' TO THE POINT OF
BEG[NNING.
CO~TAINING 0.087,8 ACRES, MORE OR LESS
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EXHIBIT "B"
Exceptions to Warranty of Title
1. Rights or claims of parties in possession under unrecorded leases, as tenants
only.
2. Taxes and assessments for the year 2002 and subsequent years,
3. Easement granted to City of Clearwater recorded in Official Records Book 294,
page 222, of the Public Records of Pine lias County, Florida, (as to Parcel 1 )
4. Matters which would be disclosed by a current sUNey of the property, if any,
I,\W,RE\ 114f6\Ol7\b 01 a t1j(hlbil,b 1201,wpd
'2116101
. ' .' . ~ -:~'., . '..., '
'. . . .
, . ., .. ~",. , . ". ' ,
RECEIVED
FEB 0 4 2002
.~ Clearwater
cPr
J-(
From:
CITY ATTORNEY u
Interoffice Correspondence Sheet, ",,'~ ,:.; i Y'
..,. .1.' ..
Jane Hayman, Assistant City Attorney ,-,.} (" ,.:: . '- <-
Earl Barrett, Real Estate SeNices Manager ~
Ken Sides, Traffic Calming Engineer
To:
CC:
Date:
February 1. 2002
RE:
Parcel donation
Attached are a Special Warranty Deed, Partial Release of Collateral and Affidavit of No
Liens related to the conveyance to the City of a portion of the Greenwood Apartments
property at the northeast corner of Palmetto and Greenwood Avenue. I am also
enclosing a DR-219 for your signature.
Please have the donation presented to the City Commission for acceptance and
recording thereafter of the Deed and the Partial Release of Collateral. Please forward
the Affidavit to the City Clerk for her files without recording,
NOTE: This donation has been made to facilitate the City's project to improve N,
Greenwood Avenue and construct a roundabout at the Palmetto/Greenwood
intersection. I will soon be preparing a Resolution and agenda package for your review
to have this parcel, and a corner clip of City-owned property at the southeast corner of
the intersection declared surplus and dedicated as public right-of-way,
~ . "'",, . ..', '. ' '. .. ,'\ . . , . : .' " . " :. ':"
This Instrument Was Prepared By,
Record and Return To: EARL &\RRE'lT
EN;INEERJN; DEPI'
Lawrence J. Bailin, , EffIY OF CLEARWATER*
STEARNS WEAVER MILLER WEISSLER '
ALHADEFF & SITTERSON, P.A.
401 E, Jackson Street *p.o. OOX 4748
Suite 2200 CLEARWATER, FL.
Tampa, Florida 33602 33758-4748
(RESERVED)
PARTIAl.. RELEASE OF COLLATERAL
THIS IS A PARTIAL RELEASE OF COLLATERAL (the "Release"), made and entered into this_
day of December, 2001, by BANK OF AMER TCA, N.A" a national banking4sso~iation (':Holder"), whose
, ,:C-o It/Ut ~UI!ID o\-l- ~(J "" olmr/ll ra.t: 0 .
address IS 400 North Ashley Drive, 7th Floor,~3tate~~~aHtlg&r5..eeount.&, ampa,110naa ~3602 m favor
of GREENWOOD APARTMENTS, LLC, a Florida limited liability company ("Debtor").
RECTT ALS
A. Debtor is indebted to Holder by, among other instruments, that certain Promissory Note dated
November 28,2001 in the original principal amount of $4,400,000.00 (the "Note"),
B, The Note is secured by, among other instruments, that certain Mortgage, Assignment of Rents
and Security Agreement (the "Mortgage") executed and delivered by Debtor in favor of Holder, dated
November 28,2001, and recorded in the Public Records of Pin ell as County, Florida, in Official Records Book
11702, Page 2409, and by that certain DCC-l Financing Statement (the "Financing Statement") recorded in
the Public Records of Pine lIas County, Florida, in Official Records Book 11702, Page 2461. The Mortgage,
the Financing Statement, and any other documents executed or delivered to secure repayment of the
indebtedness evidenced by the Note are hereinafter referred to collectively as the "Security Documents".
D, The Mortgage creates a lien upon certain property (the "Collateral") owned by Debtor, as more
particularly described in the Mortgage.
E. Debtor has requested Holder to release a portion of the Collateral from the Security
Documents, and that portion of the Collateral to be released is more particularly described in Exhibit "A"
attached hereto and by this reference made a part hereof (the "Release Parcel").
F. Holder has agreed to release the Release Parcel from the Security Documents.
NOW TIlEREFORE, in consideration of the mutual promises contained herein and in the instruments
described in the Recitals, the receipt and adequacy of which is hereby acknowledged, Holder hereby does
remise, release, quit-claim, exonerate and discharge the Release Parcel from the lien and operation of the
Security Documents.
.'~, .' ,.-. ~ ,\ I: ,t.' . ~ : I ' '
, ,
. " ~ ' , .' .' " . . . , . . ''t ... h
TO HAVE AND TO HOLD the same unto Debtor and its assigns forever, freed, exonerated and
discharged of and from the lien of the Security Documents, and every part thereof; provided, always,
nevertheless, that nothing herein contained shall in anywise impair, alter, or diminish the effect, lien or
encumbrance of the Security Documents on any other portion of the Collateral (other than the Release
Parcel),
IN WIlNESS WHEREOF, Holder has executed this Partial Release of Collateral the date first set
forth above.
BANK OF AMERICA, N.A.,
a national banking association
By:
Title: f{(I~'~~(1?IC/('rt 1::
(CORPORATE SEAL)
STATE OF FLORIDA
COUNTY OF HILLSBOROUGH
The foregoing insnument was acknowledged before me this J..~ day of December, 2001, by
0nerJ D. t-.\e.nr~' , as V\~ Pr<:siderr\- of BANK OF
AMERICA, N.A., a nadonal banking association, on behalf of said association, He/she is personally mown
to me or has produced as identification.
i~i1 f' ~~~
P nted Nam ,_lEI u+ AGprCI Cf
Notary Public
Serial Number (if any):
My Commission Expires: ~fJLf"", ~ I ( :J.Db~
(NOTARY SEAL)
1:\W.RE\11478\017\PIIRel.wpd
12114/01
...;,':t.~"P"'" LEILA A, GARCI~
[iF'Al'frf'~ MY COMMISSION. CC n3627
\~~.A':.;j EXPIRES: September 7. 2002
"~~'fI";';..'tI/ Bonded Thru UOllry Public Undlrwrilcrs
, tit.'"
-2-
" I I .' ,.'. '{ j , .' y ,", _ '
EXHIBIT "Af'
199al Description
A tJORTION OF THE NORTHWEST 1/4 OF
SEmON 10, TOWNSHIP 29 SOUTH, RANGE
15' EAST, PINELLAS COUNTY, FLORIDA,
MORE PARTICULARLY DESCRIBED A
'FOIl.LOWS:
,FRCDM THE SOUTHWEST CORNER OF THE
SOliITHEAST 1/4 OF THE NORTHWEST '/4 Of
SAIp SECTION IO, TOWNSHIP 29 SOUTH,
RA~GE 15 EAST, RUN NORTH 30.0 FEET;
, THENCE EAST 30.0 FEET FOR A POINT 'OF
BEGINNING; THENCE 5 89023'45.35" EAST,
60.QOOO ,FEET; THENCE N 50000'00.00"
WEST, 30.0000 . FEET; THENCE N
150IDO'OO.00" WESf, 100.0000 FEET;
'THENCE N OSC?OO'OO.OO" WEST, 115,7269
FEET; THENCE 5 00015'36.94" WEST,
230~5325 FEET' TO THE POINT OF
BEGOCNNING.
CONTAINING 0.087,8 ACRES, MORE OR LESS .
PO B -.....
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AFFIDAVIT OF NO LIENS
STATE OF FLORIDA
: 55
COUNTY OF HILLSBOROUGH
BEFORE ME, the undersigned authority duly authorized to administer oaths and
take acknowledgments, personally appeared ROXANNE M. AMOROSO, a Vice President
of Bane of America Community Development Corporation, a North Carolina Corporation,
Managing Member of Greenwood Apartments, LLC, a Florida limited liability company, who
[ "'] is personally known to me [ ] produced
as identification, and whom, being first duly sworn, deposes and says that:
1. Greenwood Apartments, LLC ("Greenwood") is the owner of the real property
located in Pinellas County, Florida, as is more particularly described in EXHIBIT "A"
attached hereto and incorporated herein ("Property"). The Property is now in possession
of the record owner, and there is no other person or entity in possession of the Property or
who has any rights or tenancies to the Property, other than tenants of apartments located
on land owned by Greenwood adjacent to the Property.
2, To the best of Affiant's knowledge, the Property is free and clear of all liens,
taxes, encumbrances, and claims of every kind, nature, and description whatsoever, except
,as set forth in Exhibit liB" attached hereto and incorporated herein.
3. The undersigned knows of no state or federal judgment or lien of any kind
or nature whatever against the Property, except as set forth on Exhibit "B" attached hereto
and incorporated herein.
4. To the best of Affiant's knowledge, there has been no labor performed on
or materials furnished to the Property within the past ninety (90) days for which payment
in full has not been made or for which valid liens could be filed; there are no cl,aims
whatsoever of any kind or description against the Property for which liens could be filed
according to the statutes in such cases made and provided; and no informal notice of claim
has been received by the undersigned including, without limitation, unrecorded labor,
construction or materialmen's liens against the Property.
5. The undersigned hereby warrants that the undersigned has received no
notice of any public hearing regarding pending or future assessments for improvements by
any governmental agency and to the best of Affiant's knowledge there are no unpaid or
pending bills, assessments or liens against the Property for sanitary sewers, paving, utility
installation, service or other improvements made by any public utility or governmental
agency, whether or not such assessments appear of record,
6, The undersigned has, in the operation of the Property, where applicable,
complied in all respects with the sales tax law, and shall submit in a timely fashion all filings
not currently due.
7. The undersigned warrants that, to the best of Affiant's knowledge, there are
no estate tax, inheritance tax, or income tax liens, under federal or state laws, against the
Property, or against the undersigned, which would affect the Property.
8. To the best of Affiant's knowledge, there is no outstanding unrecorded
agreement of sale, option, deed, agreement for deed, conveyance, mortgage, or lease
affecting the title to the Property, other than the conveyance affiant shall execute to the City
of Clearwater, Florida ("City") upon which this Affidavit is being given.
9. Greenwood is not a non-resident alien, foreign corporation foreign
partnership, foreign trust, or foreign estate (as those terms are defined in the United States
Internal Revenue Code and Income Tax l3~gulations), and the U. S. taxpayer identification
of Greenwood is SC1 - 61 L-\ .~ ~ 7 d- .
10. This representation is made under oath for the purpose of inducing the City
to acquire title to the Property.
Page 2 of 3
11, The undersigned makes and delivers this Affidavit of No Liens fully realizing
that the City is relying hereon in order to complete this transaction. This Affidavit of No
Liens is made with full understanding of all laws appertaining to affidavits in Florida, and full
faith and credit may be given hereto. The undersigned has read the complete text of this
Affidavit and fully understands its contents.
12. All statements made herein shall, to the best of the knowledge and belief of
the undersigned, be true and correct as of the date and time the deed is recorded following
acceptance by the Clealwater City Commission. There are no matters pending against the
undersigned that could give rise to a lien that would attach to the Property between the date
hereof and such recordation. The undersigned has not and will not commit, between the
date hereof and the date and time of such recordation, any act that would cause the
statements made herein to change or to become invalid, nor will the undersigned execute
any instrument that would adversely affect the Property.
13. Greenwood agrees to indemnify and shall save and hold the City harmless
from and against any claim, liability, or cause of action which may arise by virtue of any of
the foregoing representations being false or untrue or from any lien or claim which may be
filed or enforced for any labor, services or materials used or furnished to the Property, for
or on account of benefit of owner.
Greenwood Apartments, LLC
a Florida Limited liability Company
By: Bane of America Community Development
Corporation, a North Carolina corporation,
as its Managing Member
B~AlAAUfM .~~
R~oroso, Vice President
Sf-
SWORN TO, subscribed and acknowledged before me this 31 - day of
December, 2001.
I
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, i
,
~ ocll.J11ooL
NO~UbIiC - State of Florida
Print Name: -.JO/JELJ )JolJ~
My Commission expires:
Page 3 of 3
1:\W~RE\11478\017\b ofa gmwood af! 1201.wpd
12/18/01
G) JODEL DOAK
MV COMMISSION # DO 068968
, EXPIRES: November 2, 2005
1.r0(\.3.NOTARY FLNoIary 5ercice & Bonding.lnc,
EXHIBIT "A"
!&gal Description
A PORTION OF THE NORTHWEST 1/4 OF
SEtTION 10, TOWNSHIP 29 SOUTH, RANGE
15' EAST, PINELLAS COUNTY, FLORIDA,
MORE PARTICULARLY DESCRIBED A
'FO~LOWS:
FRCDM THE SOUTHWEST CORNER OF THE
S01JTHEAST1J4 OF THE NORTHWEST 1/4 OF
, '
SAID SECTION IO, TOWNSHIP 29 SOUTH,
RA~GE 15 EAST, RUN NORTH 30.0 FEET;
, THENCE EAST 30.0 FEET FOR A POINT 'OF
BEGINNING; THENCE S 89023'45,35" EAST,
60.qOOO FEET; THENCE N 50000'00.00"
WEST, 30.0000 FEET; THENCE N
15000'00.00" ,WEST, 100.0000 FEET;
: THENCE N 05000'00.00" WEST, 115.1269
FEET; THENCE 5 00015'36.94" WEST,
230~5325 FEET' TO THE POINT OF
BEG~NNING.
CONTAINING 0.0878 ACRES, MORE OR LESS
POS -+
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EXHIBIT liB"
Exceptions to Warranty of Title
1. Rights or claims of parties in possession under unrecorded leases, as tenants
o~ly.
2. Taxes and assessments for the year 2002 and subsequent years.
3. Easement granted to City of Clearwater recorded in Official Records Book 294,
page 222, of the Public Records of Pinellas County, Florida. (as to Parcel 1 )
4. Matters which would be disclosed by a current survey of the property, if any.
1:\W-RE\11478\017\b of a exhlblt-b 1201.wpd
12118/01
1111111
PHOTOCOPIES OF DR.2t~
THIS FORM I'IOT R 07.')8
RETURN FOR TRANSFERS OF INTEREST IN REAL PROPERTY ACCE::JT/\8LE
(PLEASE READ INSTRUCTIONS ON THE BACK OF THIS FORM BEFORE COMPLETING)
.' .- ------------_.._~-
, Use black ink, Enter numbers as shown below, If typing, enter numbers as shown below,
..---. .---- - -.---, ,- -- :~ ,,-- .-. r---' ,.---.. --. '---, ------, .--" ,---.., - r_ .---.....
1. Parcel Identification Number 10:; I 2 ,3::Y- :is;jb !i7 ;18::9' '. :;0123456789 [, ' ·
(If ParcellD not available _.~-- -- ~ '~ .---l \- ~ '---'-~ '~_. .:-:--:-~ '- - '---' '-::- _~~::,=__==-'__,
please call County Property _.-. r- ' :- -'-: - : -', - -- -~ '-'-, ., --, . , : ~- -. -,., ,..'.- ;---'-----,.--- "-' --~ ;.--~
Appraiser's Office) -+ ,I 01)... Cf ' L i S-o '1,0 :0' '0,10.,2. ': t.f 0: 0 r: Z. 0 ;!O, ' .: ' ' : , :! ,
_.... __ ~__ ___ _ .-"' __, ._._...... -" '-_ ...---J ___ ____...1 ,_ __4 '__J ___.~ __ ~_ -----'._ .___ '--___-"; ~__~ __-' ,__....__1
Transaction is a split Property was improved
or cutout from _. ',X' with building(s) at time -t I
another parcel? of sale/transfer? ......J
~UJooJ fif?-~ I -J ~ ,
Corporate Name (if applicaOle)
Fl.- , ~O Z. (i (3) '2.~2...~ 6Cf
State Zip Code Phone No,
C~7" o.f aeA~tee
Corporate Name (if applicable)
FL, J~7S{p (7Z. 7) S~ ~ -l/'f3/0
State Zip Code Phone No.
FLORIDA DEPARTl\tIENT OF REVENUE
r
2, Mark (x) all
that apply
Multi-parcel
transaction? -~
3, Grantor (Seller):
Last
'100 JJ. 4~J..c1'" D~_
Mfliing Address
First
MI
T l4tt'\iA-
Ity
4, Grantee (Buyer):
Last First MI
[I '2.. Sd. Os~l.A AVE:. C...L~JL.
Mailing Address City
5. Date of Saleffransfer SalefTransfer Price
rD'r?l / ~, ,: / : ~ ~- -~ -- $ - ~ ~ ~ :- ~ ::, ~ ~O '0- Property r~ r- County Code
~J ~J '..J~-'- ~h e () , _C _ '--' '_",_ _---'~~ ~ 0 . ~ _ Located In ~ : 2.. (County Codes on Reverse)
Month Day Year (Round to the nearest dejllar.)
6. Type of Document 0 Contract/Agreement ~ Other 7, Are any mortgages on the property? If "Yes", YES n / l~ NO
for Deed '~ outstanding mortgage bal~: _ ~ '----'
M Warranty r; Quit Claim (Round to the nearest dollar,) $ i j n : \~ I i I n ~ n n :0 I !O \
~ Deed U Deed L-..J L...; '--- U ~1---' .-J ~. ~
8. To the best of your knowledge, were there unusual circumstances or conditions to the sale/transfer
such as: Forced sale by court order? Foreclosure pending? Distress Sale? Title defects? Corrective Deed? Mineral rights? YES I\Y" /! I NO
Sale of a partial or undivided interest? Related to seller by blood or marriage. ~ '--'
9. Was the sale/transfer financed? YES I I / ;g NO If "Yes", please indicate type or types of financing:
O I~ Agreement or n ~I I
Conventional Seller Provided U Contract for Deed ~ Other ~
10. Property Type:
Mark (x) all
that apply
Commercial
J1
LJ
Institutional/
Miscellaneous
II
i !
'----
o
Acreage Timeshare
I'
LJ
$ 11 onilLJnnr--'I din
I 'i ; I I II : 1 ,I :
--1 ' '-~ ~'J---" ~ L..J ·
$ r- ....--, - ~ r--- ~ ,---- .---- r-
i : I ! lei -.i I ;, ! ; i : I 0, .
'---' L-....I '-J- - -1---' '--J ~
13. If ~ is due in number 12. is deed exempt from Documentary Stamp Tax under s, 201,02(6). Florida Statutes? YES [! /
'---
Agricultural
Government
Vacant
n
I I
~
o
Cents
[Q]QJ
:7i0l
~ '---'
ilNO
~
Residential
~
Industrial
n
u
D
11/ IV'
YES ~~ LA NO
11. To the best of your knowledge, was personal property
included in the sale/transfer? If "Yes", please state the
amount attributable to the personal property, (Round to nearest dollar,)
12. Amount of Documentary Stamp Tax
~
Under penalties of perjury, I declare that I 'lave ;scld :he foregoing return and that the facts stated in it are :rue, If prepared by someone alher
L than the taxpayer, his:her dec!arcHion is basI". d on "" ;nlormaUo of wh>eh helher nas a~y ~n.owledge. / I
Signature of S, ." '. lr Grante.; or Agent . . . ,Date ..1 lf -IlOO 'J.-
, ' . t7V ~ I
WARNING: FAILUPE TO FIl.E 7HIS RETuRN OR ALii:, "ATI ,,:: f'OHI\l Pf-iO\ _0 a (, t: OE?AR"r:.f'ENT 'F REVENUe' ALL F1ESUL TiN" lI;'LTY OF ';25 IJO 11/ ADDIT'eN TO ,'NY
OTHER PENALTY 'MPOSED BY -:-HE "'E'/ENUE '...AW OF FLORIDA
(To be completed by the Clerk of the Circuit Court's Office)
Clerks Date Stamp
ooono
onnn
onnODOODDODOO
Date Recorded 0 [I / DO I DO (J 0
Month Da Year
WHITE COpy TO DEPARTMENT OF REVENUE OFFICE
O. R. Book
and
Page Number
and
File Number
CANARY COpy TO PROPERTY APPRAISER
itA:L
Prepared bv & return to:
Earl Barrett
Engineering Department
City of Clearwater
P. 0, Box 4748
Clearwater, Fl. 34618-4748
Parcel I. D,: 13-29-15-00000-320-0400
SIDEWALK EASEMENT
FOR AND IN CONSIDERATION of the sum of One Dollar ($1.00) in hand paid to
them, the receipt of which is hereby acknowledged, and the benefits to be derived
therefrom,
KURDI, INC., a Florida Corporation
1011 Sterling Avenue South, Tampa, FI. 33629
does hereby grant and convey to the CITY OF CLEARWATER, FLORIDA, a Florida
Municipal Corporation, an easement over, under and across the following described land
lying and being situate in the County of Pinellas, State of Florida,' to wit:
A PORTION OF THE SW~ OF SECTION 13, TOWNSHIP 29
SOUTH, RANGE 15 EAST BEING MORE SPECIFICALLY
DESCRIBED, REFERENCED AND DEPICTED IN EXHIBIT "A"
ATTACHED HERETO.
This easement is granted for the future installation and maintenance of a public
sidewalk,
The CITY OF CLEARWATER, FLORIDA, shall have the right to enter upon the
above-described premises and to construct, install and maintain thereon such sidewalk
and to inspect and alter such sidewalk as may be necessary from time to time.
It is expressly understood and agreed that Grantor reserves unto itself all rights of
ownership of the easement premises not inconsistent with the easement rights granted
herein.
This easement shall run with the land and shall be binding on and shall inure to the
benefit of the parties hereto, their heirs, successors or assigns.
IN WITNESS WHE~OF, the undersigned grantors have caused these presents to be
duly executed this"" '3 day of DeLt:' ~ rr\ ~CI\ ,2001,
KURDI, INC., a Florida Corporation
Signed, sealed and delivered
in the presence of:
/V1j~~~ .
wrtNEss sigrtature-f/ .' t'~
)rJ~fP(J/1 /~!A~
Print Witnes~ Name ~ }-. _/
M l./7VZ~ Iv( - ~ / o' 0
WITNESS signature '
IV .~~dB--
Print Witness Na e
~
/z{t ~,
'/P'/'. /-P-
By:
Seydo Mustafa Kurdi, President
Hashemite Kingdom of Jordan
City of .t\mman
Embassy of the United States of America
.
.
: 55
The foregoing instrument was acknowledged before nle this 2. '3 ~~ day of
~ L tla.""J?e/\ ' , 2001 by Seydo Mustafa Kurdi as President of KURD I,
INC., a Florida corporation, whom, being duly authorized, executed the foregoing
instrument and acknowledged the execution thereof to be his free act and deed on behalf
of said co oration for the u 7nd ~urposcs herein :;et forth.
A
TypelPrint Name
STEPHEN P. GOLDRUP
VICE CON~UL 01- lttt:.
UNITED STATES OF AMERICA
[ ] Personally Known
[X] Produced Identification
Type of Identification Produced J1 ,5.
I-?CI/J-:J/Jt:.J AJ.:J. 0'-1 ~ / S,z/ 2 S-
I I
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..' .".~,.. '.:,.. ,': .' ~. :,' .'. "
... I' . ,
. . ~ , _ ','. I .,' .
...;
-.
CONSENT & JOINDER
The undersigned Lessee, owner and holder of an equitable interest in real property
herein described by virtue of said lease, joins with and consents to the grant of easement
rights KURDI, INC. hereby conveys to the use of the City of Clearwater, Florida and the '
general public.
Signed, sealed and delivered
in the presence of:
~p-_~..
Witness
/'/17 17 /1 AA/ fJ cS v -v t? I "'"
;~Print itness Name
Amscot Holdings, Inc.,
a Florida ~~!'poration
--:::-:~Y"" / ~
-:;--_... t ..'t,.~. --.
By: v
Ian Mackechnie, President
lAc..- ~
STATE OF FLORIDA
:ss
COUNTY OF HILLSBOROUGH
The foregoing instrument was acknowledged before me this 15' day of
Oc...7 04 E f) , 2001 by Ian Mackechnie as President of AMSCOT HOLDINGS,
INC., a Florida corporation, whom, being duly authorized, executed the foregoing
instrument and acknowledged the execution thereof to be his free act and deed on behalf
of said corporation for the uses and purposes herein set forth.
~p~-
-
Notary Public - State of Florida
/Vo n /'1 11-""" P S t/ A/ 0/ ~
Type/Print Name
[ ~Personally Known
[ ] Produced Identification
Type of Identification Produced
""%10,;";"'.*.,," ,.,
", . ..... '-. ...,' '
. "".' " . ~ ... . ; I I. .' .
NW CORNER
SW 1/4
SECTION 103-29- I Ii
S,89'22'!)i,'E.
J28,503'
EXH IBIT "A"
~
N
NOT TO SCALE
SKETCH
THIS IS
AND LEGAL
NOT A
DLSCRIPTION
BOUNDARY SURVEY
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GULP
TO
BAY
BL VD.
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NOTE: CORNER OF'
BUILDING ENCROACHES
INTO RIGHT OF' WAY
EXISTING
BUilDING
Ne, '82!)
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....
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....
~ SIDEWALK EASEIJ.ENT
EJ PROPOSED SIDEWALK
CURVE TABLE
fj
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....
>
NO.
I
RADIUS
Jo,OO'
DELTA ARC CHORD CHORD BEARINC
09'22'57' 4,9" 4,91' S,5r1J'57'W,
W'
z'
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~:
...'
:I:
~~~~E~~
LINE TABLE
Line
L1
L2
Lo3
L4
L5
LS
Beering
5,89'22'54 "(,
N,B9'45 'OS "1'1,
N,2""36'OS "E.
5,25'07'031 "W.
S,89'59'22"W,
N,2""J6'OS"(,
Dislence
5.79'
2,90'
2,98'
5.29'
J,B9'
9,"'4'
U:c:Al Of:SCRlPT1QN
FROM THE NORTHWEST CORNER OF' THE SOUTHWEST 1/'" OF SECTION '.J, TOWNSHIP 29 SOUTH, RANGE 'S EAST, PINELLAS COUNTY, FLORIDA,
THENCE N89"22'S"-E AlONG THE EAST-WEST CENTERLINE OF SECTION , 3 A DISTANCE Of" 0328,53 FEEl: THENCE SOO'Oo'o38"E, 50,00 FEET:
THENCE S89"22.54-E, 32,38 FEET TO POINl OF BEGINNING ,,'; THENCE CONTINUE: SB9'22'54"(, 5,79 FEET: THENCE SOUTHWESTERLY 4,9' FEET
ALONG THE ARC OF' A NON-TANGENT CURVE TO THE LEFT HAVING A RADIUS OF 030,00 f"EET, A CENTRAL ANeLE OF' 09'22'57., AND A CHORD
BLARING 55713'57"1'1, 4,91 FEET; THENCE NB9'4S'05"W, 2.90 FEET 1'0 A POINT HEREINAFTER KNOWN AS REFERENCE POINT 'A'; THENCE
N2-4'JS'OS"E, 2,98 FEET TO POINT OF BEGINNING 'I'.
CONTAININC " SQUARE FEET. MORE OR LESS, RETURNING THENCE TO THE AFOREMENTIONED REFERENCE POINT 'A'; THENCE 525'07'03' oW. 5,29
FEET TO POINT OF BEGINNING '2'; THENCE 500'04'05"1'1, 29,32 FEET; THENCE S89'59'22"W, 03,89 FEET; THENCE NOO'OO'.38'W, 20,74 FEET;
THENCE N24'J6'06'E, 9,41; FEET TO POINT OF BEGINNING '2'. CONTAINING 98 SQUARE FEET, MORE DR LESS.
PROPERTY ADDRESS: 1825 CULF TO BAY BOULEVARD
LEGAL DESCRIPTION; SEE ABOVE
fOR INFORMATIONAL PURPOSES ONLY
SUBJECT PROPERlY APPEARS TO LIE IN FLOOD ZONE(S) N/A HAVING A BASE FLOOD ELEVATION OF N/A
ACCORDING TO FLOOD INSURANCE RATE MAP NfA : LAST REVISED "'fA
lLCENC
A MIle ~ (a) DC.SOII""'Olt r J'." rou..o ..Ntlll.-w..o~ ~ (") Il\Ar QA1A
o\.,~ II I'OnclN or 11." GcrD ..... C'.l. _Tt IHLCI ',1, ...'... Off ,....t.cv
~ ~, D/'W ~., .....r. .cJG _[ "'lee ".c. POlfrI1 DI t.l.PYAf\I"
..... IOtCMWaC D- ~ ....CQ.II. .....x(SSIeu; COliN(" ......c.. ~ Off ~cvta[ t'-"Yt
aDC. ~ t/P (OC( DI' 'A~"("" L..... LeNT '0I..t ".D.L ")M 01 Kc.......C
Ill: w' or CAlll' VW lDCt DI ..1tII LY.f, lAf11C:1 roa .,~.l:, ........... .......UOCt\l('"
Ie) ClLClUltO PC. IIOCOlllAO<HIJ" -. ..soo.. .,., __0 .o\!
CJJ". ~ LIMe 'DICe ESW', tASl;W(NT "COW ...rlOtrMl. CfOOCT\C 'VtllrICAL o...f\jw" ~'"
ClLP, =-ItD .n.... "'I II. n.llW U<( 1I.1I.r. DlI'1CW. lltCCl'Olll toOl on, O($<orlO<:l
toooc. c:aooc.C1X I" /'CUl WCASl.Ilt"1'/f DIN M""'-'D UlIUrr U>o\ .,.,0, 00"'''''': 1'00_ 01
C\, ctJiIIIrtllPl.llfC ',"" Me W'I1NUtNT PC. '#let .."... "lYt_ tlQ(JC
Co"'. ~. 'u.ct n.&.nA. fUil.CD ~ fl'W'Wf. 'M..cNt rt/W JalCH1 0" p'f"
C DtOaO '.c.M. It)UllIIQ COICUTt WOfrMNlItf "...... 'l...~,.,' _"(lOCI wo..,"".., 1...., IIC1 ~ ItOD 1/.-u.U1
C.L 0t0&D ac.AMC ,,,,p. '",",,0 .. P-c ",e.'. 'Ca.w.cNT COtmQ. .0"" s..~.c. S('f 'NIII(U-KA.lO" "'*L.
COlf. CDIIlIl(D r,lll rOUO<D _ _ "t. ....' toooC """ oos:: III 'U'
PRtPAAED rDR tHE: tXCLUSIVE ust NIl) BENEfIT OF THt PARTIES LISTtO HERtON, LIABiliTY TO 'HIRD P"RTltS MAY NOT BE TRANS,ERRED
OR ASSIGNeD ExcePT WITH THC ExPRtSS WRITTeN CONStNT or t.MEkICAN SURv(YlNG CO),lP"NY or T,,"'PA, INC,
o BOUNDARY 0 11oIPROvrl.lENTS 0 F'OUNCAnON 0 F'tNAL 0 TOPOGRAPHIC
NOTES
. UNLESS NOTED OR OEPICTEO OTHERWISE, ALL PROPERTY CORNERS SHOWN
HAVE NO LS OR LB IOENTlrlCA110N
. NO INSTRUMENTS or RECORD REFLECTINC USEIoAENTS, RICHT or WAYS,
AND/OR OWNCRSHIP WERE rURNISHED TO THIS SURVeYOR.. eXCEPT
AS SHOWN,
. NO UNOCRCROUNO INSlAUATlONS OR IMPROVEIoIENTS HAVE BeCN LOCAltO
AS PART OF' THIS SURVEY. UNLESS SHOWN OR NOTEO SPECIFICALLY
HERtON,
. ENCROACHt.lENTS, W ANY ARE AS SHOWN OR NOTED HEREON,
I ...tl'ltBY ctFtTlrv T..AT T..e So<!:TCH A....O LtCAL.. DeSCRIPTION
REPRCSCNTtD HeReON MEr.':'S THE: ReOUIREMeNTS or CHAPTCR
&, C' 7-6, F'L..DRIOA AC0,4INISTRII.T,VC CODe, PURSUANT TO
C......PTEFt _72, F"l,OAIO... ~ES'
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c::JD[IJI01'[S COtrCII(T[ ~(A
nPE OF SURVEY
o TRE:(
AMERICAN SURVEYING COMPANY
'OF TAMPA INC,
L.B, #4631
4S 17 GEORGE ROAD . SUITE 210
TAMPA, FLORIDA .3.:1634
, PH. (81.:1)249-8533. Ff>.:J. (813)249-8649
CERTlrlED TO:
....u.....c.. "D.'
t,)"","U. 0'
ot:.c....,.'o""'
0_.....1
.......vt) ,
C, 80YD ALLLN
PRorESSIONAL L'wtYOR "\l> MAPPtR
rL.ORIOA RECIS RATION ND, JD,32
NOT VALID WllHOUT t..( ORIClNA'. SICNATURC AIolD RAlSEO SEAL or A HORJD"
liCENSED SURVEYOR ANIl ~PER, OR liS ELECTRONIC EOUIVALENT
"O.Jt.e' ....0.' 0100'401
D_".
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'-,
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< ~ ~ Clearwater
c~
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()
Interoffice Correspondence Sheet
To: Jane Hayman, Assistant City Attorney R E eEl V ED
From: Earl Barrett, Real Estate Services Manager g?- JAN 07 2001
CC: Don Melone, Engineer I CITY ATTORNEY
Date: January 4, 2002
RE: Easement
Attached is original documentation for a sidewalk easement Kurdi, Inc. has granted the
City. Please forward for acceptance by the City Commission and recording thereafter in
Pinellas County public records.
I am also forwarding an original Affidavit of No Liens for the City Clerk's file without
recording. A DR 219 has been prepared and is attached for your signature,
,,_ ", ilP""..."ti
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AFFIDAVIT OF NO LIENS
....
.-
Hashemite Kingdom of Jordan
City-ef Amman
: ss
Embassy of the United States of America :
BEFORE ME, the undersigned authority, personally appeared Seydo Mustafa Kurdi, as
President of Kurdi, Inc., a Florida corporation, whom, being first duly sworn, does depose and
say:
1. That said corporation is the owner of legal and equitable title to the following described
property in Pinellas County, Florida, to wit:
DESCRIPTION: A portion of the SWv.. of Section 13, Township 29 South,
Range 15 East, being more specifically described, referenced and depicted in
EXHIBIT "A" attached hereto and by reference made a part hereof.
2. That said property is now in the possession of the record owner.
3. That there has been no labor performed or materials furnished on said property for which
there are unpaid bills for labor or materials against said property, other than those which will
,be paid during the normal course of business, except: (List or insert
"NONE")
4. That there are no liens or encumbrances of any nature affecting the title of the property
hereinabove described, except easements and restrictions of record, any encroachments,
overlaps or other rights of third parties which would be shown by a current survey, and: NO
OTHERS.
5. That it is hereby warranted that no notice has been received for any public hearing regarding
assessments for improvements by any government, and it is hereby warranted that there are
no unpaid assessments against the above described property for improvements thereto by any
government, whether or not said assessments appear of record.
6. That there is no outstanding sewer service charges or assessments payable to any
government.
7. That the representations embraced herein are for the purpose of inducing the CITY OF
CLEARWATER, its agents, successors and assigns to rely thereon.
'," t'. .'. . ,'.. , .' _ .' , ,
Page 2 - Affidavit of No Liens
Given by: Kurdi, Ine,
"
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KURD I, INC., a Florida Corporation
/1,,41- (;'1~ J~
/ {~~F;(
WITNESS signatur " ' 'fr :-::"
/r1 a-y .J6 () /> AJ ft t:1rj By:
Print Witness Name '
/l--1 COP L/ cl2-'-----
WITNESS signhffire" I ( )
MVrV"LE;-,~ N. :::::a.~yc ~
Print Witness Name
J,/%,
Seydo Mustafa Kurdi, President
Sworn to and subscribed to before me this 2. s~ day ofD L~W\'\ ~Q/)
,2001,
I
I
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TVV)\i' ~...... ~\..-L
My Co ISS10n ExpIres
F
\
Affidavit: Kurdi, Inc. 1201
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~""""I:.. I L-H
AI'IU LI:..GAL Ut:..':::>C-'KIt--' IIUN
NOT A BOUNDARY SURVEY
,-HIS IS
,I'
,oW CORNER
.,~. SW 1/4
. \,-;SECTION 13-29-18
,,' , S.89'22'54 "E,
326,53'
EXHIBIT "A"
4
N
TO SCALE
, ' ~..., ~'
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1<):'
rr
..;
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....'
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00
0'
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gill
lvi
NOT
GULF
TO
BAY
BL VD.
Lu
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EXISTING
BUILDING
No. 1625
POINT Or
,
NOTE: CORNER Or
BUILDING ENCROACHES
INTO RIGHT OF WAY
<:(
-
2
-
(j
(t
-
:>
~ SIDEWALK EASEYENT
EJ PROPOSED SIDEWALK
CURVE TABLE
NO.
1
RADIUS
30,00'
DELTA ARC CHORD CHORD BEARING
09'22'57" 4.91' 4,91' S,5TI3'57"W.
W'
z.
~I
~:
1-,
:r
~~~~E~~ , , ,
LINE TABLE
Line
Ll
L2
L3
L4
L5
L6
Beoring
S.69'22'54 "E,
N,69'45'D5"W.
N,24' 36'OS"E.
S,25'07'31 "W.
S.69'59'22"W.
N,24'36'06"E,
Distance
5,79'
2,90'
2,9B'
5.29'
3,B9'
9,44'
I rCAI DESCRIPTION
FRql.A THE NORTHWEST CORNER OF' THE SOUTHWEST 1/4 OF' SECnON1J, TOWNSHIP 29 SOUTH, RANGE 15 EAST, P/NELlAS COUNTY, F'LORIDA,
THENCE N89'22'54"( ALONG THE EAST-WEST CENTERUNE OF' SECTlON lJ A DISTANCE Or J26,5J FEET: THENCE SOO'OO'36"E, 50,00 rEET;
THENCE S89'22'54'E, 32,38 fEET TO POINT Of BEGINNING 'I': THENCE CONTINUE S69'22'54"E, 5.79 fEET: THENCE SOUTHWESTERLY 4,91 fEET
ALONG THE ARC OF A NON-TANGENT CURVE TO THE LEfT HAVING A RAO/US OF' JO.OO FEET, A CENTRAL ANGLE OF' 09'22'57', ANO A CHORO
BEARING S57"13'57"W, 4,91 FEET; THENCE N89"45'05"W, 2.90 FEET TO A POINT HEREINAFTER KNOWN AS REFERENCE POINT 'A': THENCe::
N24'J6'06"E, 2,98 FEET TO POINT OF' BEGINNING '1',
CONTAINING 11 SQUARE fEET, MORE OR LESS, RETURrllNG THENCE TO THE AfOREMENTIONED REFERENCE POINT 'A': THENCE S25'07'31"w, 5,29
FEET TO POINT OF' BEGINNING '2'; THENCE SOO'04'05"W, 29.J2 FEET: THENCE S89'59'22"W, J.89 FEET: THENCE NOO'OO'J8"W, 20,74 FEET:
THENCE N24'J6'06"E, 9,44 FEET TO POINT OF' BEGINNING '2', CONTAINING 98 SQUARE FEET, MORE OR LESS,
PROPERTY ADDRESS: 1825 GULF TO BAY BOULEVARD
LEGAL DESCRIPTION: SEE ABOVE
FOR INFORMATIONAL PURPOSES ONLY
SUBJECT PROPERlY APPEARS TO LIE IN FLOOO ZONE(S) N/A HAVING A BASE FLOOD ELEVATION OF N/A
ACCORDING TO FLOOD INSURANCE RATE MAP N/A : LAST REVISED N/A
LEGEND
" _ lDoCmI (ll) DaCIPIlllIl 'I'''' """'0 .AM[lI-"""'. ..... (.) I'\At MTA
41',0. .. 00lm0Il 01 ILL DUD IOCllC c.c. ","It INl.I;T .,1, 00f(f 01 lNoCOoC'F
_ _r O/W DIWllM' .....,. _ _ 'lHC( .,C, OOIC'I '" ~.-
L'" _ a. [UVAI1OIO ...co... ow:a:::IIlU =-" .,Jl.C. OOIC'I '" __ CUlTt
aoa. aKDIIoO rpo 0lG( '" ..\It1ItNT UO, UGHI ooau: ..o.L OOIC'I '" _NO
8te IOCC cw CUlII C/W CIlCt '" ..mo lV, umc:r roo: ..o.c. 00f(f '" CCWOoCtllOlf
Ie:) CooI.CIAAItD DcC. OClIClOO<woor w.L _II'/' .I'. POIIVl ooau:
c.U'. ~ \lIOl IDICl: awr, EAR\CNI _ ...._ GtOOCIlC YVmC:AI. MIW. IWlI\IS
c."", CIIIIU:AItIl wtTAL ...c 1\ II.OIf lK a.lLL cmcw. 110:O_ IOOOC 110. IlCSIOOCl:
CQNC. CIlIoCJltT1: I" IIO.lI 1oICAS\.AtlI0If O/M 0/0IICAa I/IIU'" lJIC "..0. IltloWO'lC _1lClIC 01
Cl. COl~C: ',H, not I/nllWIT I'C. _ ...... __ llOOC
c.U', D4AMJIOl.occ I1OOJ\JI, ""...m NlOlt _r, .MDlOf1 ~ lOfT 01 -
C _lID ,~ _ CI>I<ClIKIt ~ ...,... ~ lICP.lII>CC _we.r UA. S('I _ _ ....'I.oooUI
c.a. _ ~ 'J.I'. _ .- _ .,CI'. I'P>WIOlr ~ 001011 1J'.ll. In ...lcu-....ON -
t:J:N, ClMJII(O ',Ul. _ ICJI lIDO .,L our IOOlC IIIlH DISC Ul 4U'
PREPARED FOR THE EXCLUSIVE USE AND 6(NEf1T Or THE PARnES USTED HEREON, LIA8IUTY TO THIRD PARTIES MAY NOT BE TRANSFERRED
OR ASSIGNEO EXCEPT WITH THE EXPRESS WRllTEN CONSENT OF AMERICAN SURVEYING CO"'PANY OF TAMPA. INC,
typE OF SURVEY 0 BOUNOARY 0 IIoIPRO\IEJ,lENTS 0 FOUNQAnDN 0 F'lNAL 0 TOPOGRAPHIC
. UNLESS NOTEO OR DEPICTED OTHERWI:E~T;~L PROPERTY CORNERS SHOWN AMERICAN SURVEYING COMPANY
HAVE NO LS OR LB IDENTlf'1CATlDN , OF TAMPA INC.
. NO INSTRUJ,lOOS OF' RECORO REF'LECTING EASEIoIENTS, RIGHT OF WAYS, L 8 # 4 631
AND/OR OWNERSHIP WERE FURNISH EO TO THIS SURVEYOR.. EXCEPT ' .
AS SHOWN. 4517 GEORGE ROAD. SUITE 210
· ~ ~.::g.E~~~~~O :~~~~SO~~~~~O~"'~W~'iEC~~~t~CATEO TAMPA, FLORIOA . 336J4
HEREON, PH, (813)249-8533 . FAX (813)249-6649
. ENCROACHIoIENTS, IF loX'( ARE AS SHOWN OR NOTEO HEREON, '
I HEREBY CERTIF"Y T"'AT THe: St<ETCH AND I..e:GAI.. oe:SCRIPTION
REPRESENTEO HEREON MEETS THE RECUIREMENTS OF' CHAPTER
111017-11, F'I..CRIOA AOMINISTRATIVE CODE, PURSUANT TO
CHAPTER 472, F'1..0~loA T' ES,
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_I'lilCSS COttJC:.
c::J OIOoOlD COOCJlllt IMA
o TREE
CERTIFIED TO:
C. SOYa AlLEN
PROFESSIONAL UR'VEYOR A.'iU MAPP~R
F'LORIOA R,\(:ISTRAT'ON No, J9J2
NOT VAliD WITHOUT THE ORIGINAl. SIGNATURE AND RAlSEO SEAL OF' A FLORIDA
LICENSED SURVEYOR ANil lolAPPER, OR ITS ELECTRONIC EOUIVALENT
.....a""'EcT ""'O.t 07007401
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1111111
PHOTOCOPIE~; OF OR'21!)
THIS FOm" NOT R,07.98
RETURN FOR TRANSFERS OF INTEREST IN REAL PROPERTY ;\CCEPTAGLE
(PLEASE .READ INSTRUCTIONS ON .THE~AC?_~_~~,!HI~FORM ~~~.9_~E ,g9~~L~TI~G)
Use black ink, Enter numbers as shown below, It typing. enter numbers as shown below.
1-' ----. ..--- --. ---. ...--., .----.. r-- .-~ ,--- --.-.. --~ --- ~-...... .--. r-- . -~.._-^' -_...~ . ---.
1. Parcel Identification Number '0 ,I 'I 2 ' : 3 y. , ; 5 : . b ',7 8,9 ' ' 0 12 34 567 89
(If ParcellD not available -- - ,-.-- --- '----' .~------~ -.- ---- _..--- --- --- ,-- ---- __Om" ---.
please call County Property :-', - , -,' i - , , - ; -. =~-, -. . ," -..,. -. " - ,- ',... -,. ~"', i - .-;-::::" -: ,-- :-i ~
Appraiser'sOffice) -. : I ,:~ '2- cr,L StJ '0" tJO: 2. Z 0'" 1(10 (.): ,! ,; , :: :, : :! '
__ ___. '-___ ____ _ _ __ ___ "~ -' '----' __~_ ___ _ '_ '--_i '--__, ___ ._J _--J __-' ,____~. .__.... ---' '_-..I,~
Transaction is a split Property was improved
or cutout from V with building(s) at time Q
another parcel? -. L!\_ of saleitransfer? -. ~
l<t.t~ l-+#IVe ,
Corporate Name (if applicable)
F'- · J.-3"Z.Cf ( ~ 13) 58"(.. 23 (/5
State Zip Code Phone N~
~ tN ., C c.~ T<!.2.
'-(!orporate Name (If applicable)
Fl , S ~ 7$" r ( 7l?) Sf6% "Yd 10
State Zip Code Phone No.
FLORIDA DEPARTlVlENT OF REVENUE
r
2, Mark (x) all
that apply
Multi-parcel
transaction? -.
3, Grantor (Seller):
Last
MW -Sfe4LtAA AClQ..
~I"ng Address
First
MI
l~A
4, Grantee (Buyer):
Last
'P.~ · '"SO)( ,,-rlfe
Mailing Address
5, Date of SalelTransfer
r--, r- r- ~ -- -... -- '-
l1J~ / 12. i~ / :!~" :~L
Month Day Year
MI
c:c..,.~U
City
Salerrransfer Price
$_ __ __'~ h~__ ____ ,_~ ____
i i! ! : ~ I 11, . I I ( 1'1 iI,
, , , I I I'. I:
L-.:~~L-.;<---.,;-f.:---:!-'-=-.j.
(Round to the nearest dollar,)
First
'-a'; ~a- Property :7 ~ Z. County Code
" Located In : tl::t: ; , (Counly Codes on Reverse)
~ "-----" ----..-.I _
YES D I~NO
.[Q]ru
6. Type of Document n Contract/Agreement ,\7 Other 7, Are any mortgages on the property? If "Yes".
LJ for Deed [~ outstanding mortgage balance:
D Warranty n Quit Claim (Round to the nearest dollar,) $:-"; n Ii il Ii j~ Ii ~I' n
Deed U Deed ----.: L-.! L1---' ~ L-~ L-.. ~
B. To the best of your knowledge, were there unusual circumstances or conditions to the sale/transfer
such as: Forced sale by court order? Foreclosure pending? Distress Sale? Title defects? Corrective Deed? Mineral rights? YES I, ,i I ~ NO
Sale of a partial or undivided interest? Related to seller by blood or marriage, ll:S
9. Was the sale/transfer financed? YES j I / IX NO If "Yes", please indicate type or types of financing:
D 0: Agreement or D 0
Conventional Seller Provided i Contract for Deed , Other I
Institutional/
Agricultural Miscellaneous
D D
YES C / IXNO
10. Property Type:
Mark (x) all
that apply
Government
Vacant
Commercial
~
Residential
n
I---J
Acreage Timeshare
il
I I
L.J
Cents
$:i[JCUunuoo [Q][Q]
$ ---, :--j I~ ~ n ~,~ ----, .---' r--l rA:
,. ; I: ! 1 ' : ~ I I! Ii: ; I <:> I 1_-'7!! it};
- L.-I '----'~ .---1 _"::r----' :---1 L........
YES Ii / ilNO
L_. '...-1
Under penalties of perjurj, I declare thai I have iead the foregoing return and that the iacrs stated in It are true. If orepared by someon" ':1ther
L th,an the tax:ayer. his/her declaration is ba~ed on all Informatio.n ' f which he/her has any knowle.dge.
SIgnature or ~, "'" ~r Grantee w Agent '
WARNING: FAILURE TO FILE THIS RETURN OR ALT ,NATIVE FOR~,l APPROVED BY Tf . DEPARn.1ENT OF REVENUE S LL RESULT IN A r c:lMLTY OF
OTHER PENALTY IMPOSED B't Tf-JE REVE~lUE LAW OF r:LORIDA,
Industrial
I~
I i
I
'----'
D
D
n
U
11. To the best of your knowledge, was personal property
included in the sale/transfer? If "Yes", please state the
amount attributable to the personal property. (Round to nearest dollar,)
12. Amount of Documentary Stamp Tax
13. If D..QJID{ is due in number 12, is deed exempt from Documentary Stamp Tax under s, 201,02(6), Florida Statutes?
(To be completed by the Clerk of the Circuit Court's Office)
Clerks Date Stamp
DDDOD
DDDO
DDDOODCDnn[]no
Date Recorded DO / lJfl/; 1;J; ii]
Month Da Year
WHITE COpy TO DEPARTMENT OF REVENUE OFFICE
0, R. Book
and
Page Number
and
File Number
CANARY COpy TO PROPERTY APPRAISER
~
"
Final Agenda Item #
C/ I< {
~3
Clearwater City Commission
Agenda Cover Memorandum
Worksession Item It:
Meeting Date: 02/21/02
SUBJECT/RECOMMENDA liON:
Appoint Commissioner Jonson to represent the Commission as the Canvassing Board for the
March 1 2, 2002 General Election.
o and that the appropriate officials be authorized to execute same,
SUMMARY:
Section 101.5612 Florida Statutes provides for the testing of the tabulating equipment to
determine if the equipment will correctly count the votes cast and that the Canvassing Board
convene at this time or appoint one of its members to represent it. The test is open to the
candidates, press and public. The testing will take place at the Election Service Center on March
4, 2002 at 4:00 p.m.
The Canvassing Board representative will also need to be present at the Center on March 12,
2002, at 7:00 p.m. to rule on absentee ballots.
The Election Service Center is located at 14255 49th Street N., Suite 202, Clearwater, Florida.
NA
NA
Originating Del! .
CITY CLERK
User Dept.:
Costs
Reviewed by:
Legal NA
Budget NA
Purchasing NA
Risk Mgmt NA
Info Srvc
Public Works
Total
Current FY
Funding Source:
CI
OP
Other
Attachments
o None
A ro riation Code:
.,'..\
tl'"
Clearwater City Commission
Agenda Cover Memorandum
Fillal Agenda Item /I -# :A l/
Meeting Date: 2/21/02.
SUBJECT/RECOMMENDATION: Authorize the City Attorney to hire Thompson, Sizemore and
Gonzales to represent the City and James Wood and to obtain additional outside counsel to represent
Donald Brown in the matter of Katherine Palisano v. City of Clearwater, et al. in the total estimated
amount of $60,000
x and ,that the appropriate officials be authorized to execute same,
SUMMARY:
. The City of Clearwater was served with a lawsuit alleging that Ms, Palisano's civil rights were
violated.
. The Code of Ordinances states that the City shall save harmless and protect and defend all
employees in any civil action or proceeding in any state or federal court arising out of any alleged
act or omission which occurred or is alleged in the complaint to have occurred while the
employee was acting within the scope of his public employment or duties, or which is brought to
enforce a provision of Section 1981, 1983 or 1985 or Title 42 of the United States Code.
. The City Attorney has assigned defense of this lawsuit as it pertains to the City and James Wood to
Deborah Crumbley, Esq., of the lawfirm of Thompson, Sizemore & Gonzalez. The initial budget
is estimated at $40,000 for defense of this case.
. The City Attorney believes that separate representation is required for Donald Brown. The initial
budget for defense of Mr. Brown is estimated at $20,000.
. Mr. Brown will be given a choice of lawyers with experience in the area from which to choose.
. The total funding of $60,000 will come out of the City Attorney's professional services budget.
Reviewed bY~ Originatin Dept:
Legal ,~ Info Tech NA legal
Budget ~ Pub I ic Works NA User Dept.
Purchasing A DCMlACM Legal
Risk Mgmt NA Other NA Attachments
Costs $60,000.00 (estimated)
Total
Funding Source: General fund
Capitol hnprovclTlt'111 Current Fiscal Year
Operating X
Ollw/
Appropriation Code:
010-09600-530100-514-000
o None
Rev. 2/98
.. ". f ...., '. .' 1 , . t'i;, Ii i
RF;~OIIJTION NO 02.14
A RESOLUTION OF THE CITY OF CLEARWATER,
FLORIDA, ASSESSING A LIEN AGAINST CERTAIN REAL
PROPERTY LOCATED IN CITY OF CLEARWATER, HAVING
A POST OFFICE ADDRESS OF 1130 ENGMAN STREET, AS
DESCRIBED MORE PARTICULARLY HEREIN, IN THE
AMOUNT OF-' $ 4,771.24 FOR THE COSTS OF DEMOLITION
INCURRED IN REMOVING A DANGEROUS STRUCTURE
WITHOUT THE CONSENT OF OWNER; PROVIDING AN
EFFECTIVE DATE.
WHEREAS, pursuant to Chapter 47 of the Clearwater Code of Ordinances and the
Standard Building Code, the Building Official determined that certain real property
described herein and the building situated thereon were unsafe, unsanitary, unfit for human
habitation, and dangerous and detrimental to the health, safety, and general welfare of the
community, and did not properly comply with the requirements of said Code, and found that
an emergency existed which, in his opinion, involved danger to human life and health, and
ordered the demolition of the building; and
WHEREAS, the City of Clearwater has caused the abatement of the conditions or
demolition of the buildingl and the cost of such work should now be assessed as a lien on
behalf of the City of Clearwater against the property; now, therefore,
BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY
OF CLEARWATER, FLORIDA:
Section 1 The Building Official having ordered the abatement of the conditions or
demolition of the building situated on the following described property: 1130 Engman
Street, Greenwood Park No.2 Blk D, Lot 48
(Parcel Number 10-29-15-33552-004-0480)
Owner of record: Dan Mcf(jnney
and the City of Clearwater having now completed said work, the City Commission does
hereby assess and charge a lien on behalf of the City of Clearwater against the property for
the necessary costs incurred as follows:
TOTAL DEMOLITION COSTS
(See Attachment "A")
$4,771.24
CA-r
;ff djo
, ' ~"' ,... , . , .: I '. . ~.: .'.:, '. . ~ '...,_
~ection? As soon as practicable, a Certificate of Indebtedness against the
property for the amount of assessment shall be prepared, which certificate shall constitute a
lien prior to all other liens except the lien for taxes, Said certificate. when issued, shall be
payable to the City with interest at a rate of ten percent (100/0) per annum.
Section 3 The City Clerk is hereby directed to prepare a Notice of Lien in the
amount of the assessment against said property, and to record the same in the Public
Records of Pinellas County, Florida.
~ection 4 This resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED this
day of
,2002.
Brian J. Aungst
Mayor-Commissioner
Approved as to form:
Attest:
Leslie K Dougall- i es
Assistant City Attar ey
Cynthia E. Goudeau
City Clerk
, , ',., .' ~. . , I' I .' '.: . ',", :
ATIACHMENT"A"
Resolution 02-14
(1130 Engman Street - Clearwater, Florida)
TASK
NALOL - (pinellas County Records for ownership)
VariOllS correspondence and telephone calls
Purchase requisitions
Take photographs
TOTAL HOURS
EXPENSES
Twelve (12) hours @ $53.00 per hour
Film, developing, and prints
Certified Mail and regular postage
T~tle Search -Fidelity National Title Services, Inc.
Asbestos Survey - Occupational Health Conservation, Inc.
Asbestos Removal- Lang Engineering of Florida
Monitoring of Asbestos Removal - Occupational Health Conservation, Inc.
Towing of Vehicle
Advertise in paper
Filing oflega! papers
Demolition (E. L. Trevena Inc.)
TOTAL EXPENSES
LIEN AMOUNT
J'TME
A MOTTNT
$636.00
28.48
11.32
75.00
N/A
N/A
N/A
70.00
54.70
12,00
3883.74
$4771.24
$4771.24
! \~,
,,-
12
, , " ~ " . . . , ' '. .' } I . ' ... . ' , ' .' I . ,
tt JCa ea
4(/_/ 0,;( - / if
","11"
~ '~1(.fl.LOF Tift ".
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.',,"" TE~, .,~
'#11'"
CITY OF CLEARWATER
BUILDING & INSPECTIONS
DEVELOPMENT SERVICES DEPARTMENT
POST OFFICE Box 4748, CLEARWATER, FLORIDA 33758-4748
MUNICIPAl. SERVlCES BUilDING, 100 SmITH MYRTIE AVENUE, CLEARWATER, FLORIDA 33756
TELEPHONE (727) 562-4567 FAX (727) 562.4576
January 17. 2002
Dan McKinney
1130 Engman Street
Clearwater, FL 33755
RE., 1130 Engman St., Clearwater, Florida
Dear Mr. McKinney
Cost to City Of Clearwater for taking corrective action on the , Notice of Unsafe Buildingl at the
above referenced address.
During this process, the City incurred the following expenses which you are responsible for. These
fees are due within thirty (30) days from the date of this letter. If not paid within that time, we may
file a lien on the property for the amount due.
Labor - # of hours12 @ $53.00 per hour .......,......................................................................... $636.00
Title Search - Fidelity National Title.... ....... ,.. .......... ....... ........... ............. ........................ ............... 75.00
Postage .......... ........ ...... ......................., ............... .................... .......... ............. ....... ....... .................. 11.32
Photographs and developing.. ............. .................... ............................... .............. ............ ............. 28.48 '
Towing of vehicle... ... ... ,.. ... ... ... ... .., ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ...... ... ... ... ...70.00
Asbestos survey ... .. . ,. . . . . . . . . . . . . . . . . . . , . .. . .. . . . . , . . . . . . , . . . . . . . . . ... . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . .. . .. . .. . . . Nt A
Asbestos removal ............... ... . . . . . . . . . . . . .. . . .. .. . .. . .. . . .. . .. . ... . . . .. . .. . . .. . .. ... ... ... ... . .. ... ... . . . .. . . .. .. Nt A
Asbestos removal monitoring... ... ... ...,.. ,.. ...... ... ... ... ... ... ... ... ... .., ... ...... ... ... ... ... ... ... ... ... ..N/A
Advertise in paper... ..,... ... ... .,.... ....,. ,.. ... .., ... .., ;........ ... ... ... ... ...,..... ... ... ... ..... ,.. ... ... ...54.70
Filin legal papers... ... ... .. . . . . .. . ... .. . . .. . .. ... .. . . .. . . . .. . ... ... . .. ... .. . . . . . . . ... ... . .. .. . .. . .. . .. . . . . . . . .. . ... 12.00
Demolition cost by (E. L. Trevena Inc. ) ......,.. ... . .. .. . . . . . . . . . . ... . ., ... ... . . . .. . . . . . .. . .. . .. . .. ... . ..3883.74
Total Due. .... ..... ... ........ ..... ... I.... ...... ....... "" ,..,..... ...... ...... ....... .... ........ ... ....... .., .... .... ... ,.,.. ...... ... $4,771.24
Plf3ilse make check payable to the City of Clearwater. Thank you.
Sin~rely,
,
+
Kevin Garriott
Building Official
BRIAN). AUNGST, MAYOR-COMMISSIONER
ED HAHl', VICE MWOIl,COMMISSIONEIl WHITNEY GllAY, COMMISSIONER
HoY!' HAMU,TON, CmIMISSIONi:H &) BII.J.)ONSON, C()~IMISSIOl'\ER
"1:"",. t:.,,,.,,,,,,..,...,,.., ...", A.......n........~.y-; A,................, P."" ",","",,"
M
N
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~~
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One City. One Future,
CLE.lRWATER FIRS DEr.lRT.
,T
IHc:JCEHT R::PORT
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FIRE REPORT NmIBER 103605;1-00
1. Date of Incident ...........,......
2. Alarm Time (military time) .. ... ...
3. Arrival Time (military time) ......
4. In Service Time (military time) ...
5. Type of Situation Found .. ... ......
6. Type of Action Taken. .... ... ... ~..
7. Mutual Aid ........................
8. Given by/Received from ...... .'. ..'
9. Fixed Property Use ... ....... ...... :
10 I . .
. gn1t~on Factor ... ... ... .... ......
11. Address of Incident .. .... ... ......
12. Zip Code ..........................
13. Census Tract .. .... ... ... .... ......
14. Occupant's Name ...................
15. Occupant's Telephone Number. ......
16. Occupant's Room or Apartment Number
1 7. Owner's Name .....................
18. Owne r 's Addre s s ..................
19. Owner's Telephone Number .... .....
20. Method of Alarm from Public. .....
21. District (Station Number) ... .....
22. Shi ft. . . . . . . . . . . . . . . . . . . . . . . . . . . .
23. Number of Alarms. .... ....... .....
PRINTED ON u,/11/01 AT 11:12
03/31/01
17:53:36
17:58:02
20:37:28
DOW: 7
11 STRUCTURE FIRE
1 EXTINGUISHMENT
1 MUTUAL AID RECEIVED
06 DUNEDIN
411 ONE-FAMILY DWELLING YEAR ROUND
00 IGNITION FACTOR UNDETERMINED
1130 ENGMAN ST
33755
026300
GRID: 269A
MCKINNEY/WARREN
4670751
permit#:
MARTHA MCKINNEY
1130 ENGMAN ST
7274670751
1 TELEPHONE LINE (911 DIRECT)
045
A
1
24. Fire Service Personnel Responded. 014
25. Number of Engines Responded. ..... 002
26. Aerial Apparatus Responded .. ..... 001
27. Number of Other Vehicles Responded 003
28. Fire Service Injuries ... ... ...... 000
29. Other Inj uries ................... 001
30. Fire Service Fatalities. ... ...... 000
31. Other Fatalities. .... ... ... ...... 000
32. Complex ..........................
33. Mobile Property Type Code ........
41 DWELLING 1-2 FAMILY
08 NOT APPLICABLE MOBILE PROPERTY
.) .. . ", \ " ' 1 ....... ". ~ ;...... . . . I . . .1. .:. /'. ....
I ..' I 'i.., ,.' '. ., ~ .' , '. ' ' : ~. ~ '...' " . ~ . ... ' ' . I:.. ,
FIRE REPORT NUMBER 103605~-00
PRINTED ON 0,/11/01 AT 11:12
34. Area of Fire Origin.......... .........
35. Equipment Involved in Ignition... .....
36. Form of Heat Ignition ... ... ...... .....
37. Type of Material Ignited..... .... .....
38. Form of Material Ignited..... .... .....
39. Method of Extinguishment ..... .... .....
40. Level of Fire Origin .... ..... ... ......
41. Estimated Total Dollar Loss ...... .....
42. Number of Stories ... .... ..... .... .....
43. Construction Type ... .... ..... .... .....
44. Extent of Flame Damage ....... .... .....
45. Extent of Smoke Damage ..... ...... .....
46. Detector Performance .... ... ...... .....
47. Sprinkler Performance ... ..... .... .....
48. Type of Material Generating Most Smoke
49. Avenue of Smoke Travel..... ...... .....
50. Form of Material Generating Most Smoke
99 OTHER AREA OF ORIGIN
98 NO EQUIPMENT INVOLVED
00 FORM OF HEAT IGN UNDETERMINED
63 SAWN WOOD
17 STRUCTURAL MEMBER, FRAMING
6 PRECON HOSE LINE W/WATER HYDRT
1 GRADE LEVEL TO 9FT ABOVE GRADE
67500 DAMAGE CLASS: 6
1 1 STORY
8 , UNPROTECTED WOOD FRAME
6 CONFINE TO STRUCTURE OF ORIGIN
6 CONFINED TO STRUCTURE OF ORIGN
8 NO DETECTORS PRESENT
8 NO EQUIP PRESNT IN ROOM OF ORG
63 SAWN WOOD
5 OPENING IN CONSTRUCTION
17 STRUCTURAL MEMBER, FRAMING
51. Year of Mobile Property.... ...... ..... ....:
52. Make' .......................................
53. Model .....................................:
54. Serial Number .............................:
55. License Number .............................:
56. Year of Equipment Involved in Ignition ....:
57. Make ......................................:
58. Mode 1 .......................... '. . . . . . . . . . . :
59. Serial Number .............................:
60. Officer in Charge (Name/Position/Assignmnt): PAUL REVELIA D45A
61. Date......................................: 03/31/01
62. Member Making Report (if different) .......: TOM JENSEN LT E45A
63. Date ......................................: 03/31/01
64. Location (l=in city limits, 2=out of city) 1
. '
FIRE REPORT NUMBER 103605~-00
CASUALTY NUMBER... ............:
1. Name (Last,First MI) ......:
2. Month of Birth .... ........:
3. Time of Injury............:
4. Home Address. .............:
5. Telephone..... ... .........:
6. Sex .......................:
7. Casualty Type .... .... .....:
8. Severity ..................:
9. Affiliation ...... ...... ...:
10. Familiarity with Structure:
11. Location at Ignition ......:
12. Condition before Injury...:
13. Condition Preventing Escape:
14. Activity at Time of Injury :
15. Cause of Injury...... .....:
16. Nature of Injury... .......:
17. Part of Body Injured ......:
18. Disposition .......... .....:
UNIT TYPE DISPATCH RESPOND
PRINTED ON 01/11/01 AT 11:12
001
MCKINNEY, MARTHA
07 YEAR: 61
17:53:00
1130 ENGMAN ST
727-467-0751
2
1
1
3
7
3
1
8
1
2
3
7
4
AGE: 039
FIRE CASUALTY
INJURY
CIVILIAN
OVER 1 YEAR
FIRE CAS ON SAME FLOOR AS ORGN
ASLEEP
NO CONDITIONS PREVENTED ESCAPE
ESCAPING
EXPOSED TO FIRE PRODUCTS
ASPHXIA/SMOKE ONLY
INTERNAL
TAKEN TO HaSP BY NONFIRE VEH
ON-SCENE TRANSPORT AT HaSP.
E45 E 17:53:36 17:55:03 17:58:02
E60 E17:53:36 17:55:24 18:03:19
E46 E 17:53:36 17:55:42 18:21:21
T45 T 17:53:36 17:55:03 17:59:00
R46 R 17:53:36 17:55:55 18:04:02
S49 S 17:53:36 17:55:48 18:03:15
D45 D 17:53:36 17:55:57 17:58:19
PD2 PD 17:56:19 17:56:23 19:09:38
LR48 LR 17:57:21 17:57:27 18:03:39
FP1 FP 17:57:49 17:57:53 19:09:41
592 A 17:58:59 17:59:22
R45 R 18: 04: 41 18: 07 : 37' 18: 09 : 27
CL600 CO 18:06:28 18:06:32 18:15:11
CLARS I 18:14:59 18:15:03 19:09:45
RED M 20:05:28 20:05:33
Complainant: 1130 ENGMAN ST, Phone: 4670751 17:53:21
Response area: 269A 17:53:21
CLEARWATER POLICE CLEARWATER FIRE 17:53:21
Sent Encode 0124 17:53:44
Sent Encode 0146 17:53:47
Sent Encode 0134 17:53:51
Sent Encode 0105 17:53:54
UNK WHAT IS ON FIRE.. (KMC) 17:53:56
AVAILBLE
20:37:28
19:10:54
18:40:21
19:48:45
18:55:14
19:37:56
19:36:33
20:37:28
19:14:43
20:37:28
20:37:28
18:54:04
18:44:54
20:37:28
20:37:28
. ~. . .' . '~-: '. . " . .. -:- ..... ~~
... . . .
FIRE REPORT NUMBER 103605~-OO
PRINTED ON 0//11/01 AT 11:12
MULTIPLE CALLS RECEIVED (DMF) 17:54:06
*Digitally Paged 1445 1460 1446 1745 1546 1649 6145 5245 17:54:10
*FLAMES SHOWING (DMF) 17:54:10
CALLER STATED HOME ON FIRE.. (KMC) 17:54:10
STATED THEY ARE EVACUATED.. (KMC) 17:54:16
*FLAMES SHOWING (LWW) 17:54:24
BRIDGE TENDER NOTIFIED (DDK) 17:54:38
*SMOKE SHOWING (MOB) 17:54:44
FROM 2 STREETS DOWN (MDB) 17:54:50
*1132 ENGMAN ST PER MY CALLER (AEH) 17:55:03
oces OUT (AEH) 17:55:04
NO INJS (AEH) 17:55:07
DARK BLACK SMOKE PER MY CALLER (MOB) 17:55:13
THIS IS A CHURCH ON FIRE PER ADD CALLER (JHL) 17:55:27
HOUSE PER MULTIPLE CALLERS (DMF) 17:55:39
POLICE DEPARTMENT NOTIFIED (AEH) 17:55:58
HOUSE... (MOB) 17:56:34
HEAVY BLACK SMOKE ----------- (LAH) 17:56:57
*Digitally Paged 'Working Fire' with Incident Data 17:57:11
WF FIRE FILE............. . . . . . . REQ ( LAH) 1 7 : 5 7 : 15
PD UPDATED (JAP) 17:57:32
FL POWER NTFD (AEH) 17:57:32
Call Shipped to Sunstar by LAH (LAH) 17:57:39
1 STORY WOOD FRAME RES (LAB) 17:58:09
*Digitally Paged 1946 1350 5148 6049 8146 1848 6145 17:58:09
*Digitally Paged 1551 17:58:13
Ambulance service incident] 17:58:13
HEAVY SMOKE SIDE 1 (LAB) 17:58:16
045 went in command 17:58:19 17:58:19
WILL NEED EXPOSURE LINE TO THE WEST (LAB) 17:58:52
SIDES 2 & 4 ( EXPOSURE SIDES) (LAH) 17:59:13
Ambulance service incident 1248208] 17:59:22
R46 TO ADV ON SIDE 3 (LAH) 17:59:38
GET PEOPLE OUT OF AREA (LAH) 17:59:44
INFORMATION HAS BEEN RELAYED TO THE SUNSTAR UNIT [MJH] 17:59:45] 17:59:45
, E60---WATER SUPPLY (LAB) 18:00:01
1133 ENGMAN ST-----HYDRANT ST (LAH) 18:01:09
---ADV COMMAND TO ADV ON NEED FOR RED CROSS----------- (LAH) 18:01:44
WATER ON THE FIRE (LAH) 18:02:08
FRT PORCH AREA (LAH) 18:02:15
HAND-BUC A LINE, EGO (LAH) 18:02:22
NEED VENTIALTION (LAH) 18:03:37
VICTIM BEHIND COMMAND VEH---------------- (LAH) 18:03:48
* 8S TO UPGRADE & STAGE ON GREENWOOD, COMMAND WILL ADV (LAH) 18:03:59
*TEN MIN. NOTIFICATION (LAB) 18:04:05
Sent Encode 0124 18:04:47
*Digitally Paged 1545 18:04:47
L60 REQ AN A8SIGMENT (LAH) 18:04:50
E60 TO ASSIST 849 --VENTIATION (LAH) 18:04:57
*Unit R46, With Patient at 18:05:00 18:05:00
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CITY OF CLEARWATER
BUIlDING & INSPECTIO:-<S
May 14,2001
DEVELOPMENT SERVICES DEPARTMENT
POST OFFICE Box 4748, C1.EARWATER, FLORIDA 33758-4748
MUZ"ICIPAL SERVICES BUIIDIZ"G, 100 SOlml MYRl1.E AVEZ"CE, CLEARWATER, Fl.OKIDA 33756
TELEPHONE (727) 562.4567 FAX (727) 562.4576
CERTIFIED MAIL #: 7000-0600-0028-1820-0941
NOTICE OF UNSAFE BUILDING
CASE # UNS2001-00075
LOCATION:
LEGAL:
PARCEL NO.:
OWNER:
OWNERS ADDRESS:
OCCUPANT:
1130 Engman Street
Greenwood Park #2, Block D, Lot 48
10-29-15-33552-004-0480
Dan McKinney
1130 Engman Street, Clearwater, FL 33755-3219
~\\C~
\:f \-
Dear Owners:
You are hereby notified that in accordance with the City of Clearwater Ordinances the above-
described property is declared unsafe, and is creating a nuisance, and is therefore, subject to
abatement, repair or demolition, Reference Section 47.161, of the Clearwater Code of Ordinances
and the Standard Unsafe Building Abatement Code as adopted by the City of Clearwater, Florida,
It is in a deteriorated condition that creates a serious hazard to the health, safety and welfare of the
public. Items that must be corrected include, but are not limited to, what is shown on the enclosed
inspection report. All items on the attached report must be corrected. 1997 SBCCI Building Code
Chapter 34 Section 3401.2.1 requires all repairs to meet current Codes,
You are hereby ordered to repair or demolish this structure within the limits of all building and
zoning regulations. Should you elect to repair this structure~ you are required to submit drawings
showing how this is to be accomplished, secure all necessary permits and commence work no later
than seven (7) calendar days from receipt of this notice. Work is to be continued to conlpletion
, within twenty (20) calendar days following issuance of the permit. Work will be considered
complete only upon the issuance of a certificate of occupancy, (C, 0.) No authorization for turn on
of any utilities (electric, water, gas, etc,) will be given by the City until all construction work has
been completed to meet Code requirements, Use of this structure before issuance of C. 0, is a
violation of law. Electrical power needed to make repairs at this site will require a temporary
power pole and the associated permits and inspections.
The repairs must upgrade the structure to all the latest provisions of the cun'ent Standard Housing,
Building, Plumbing and Mechanical Codes and the National Electric Codes, The work shall also
include the structural repair of all mechanical, electrical, plumbing, building and fire code, All
openings providing access to the interior of the building must be secured using approved materials
and methods, Any exterior repairs necessary to remove hazards to persons olltside the building(s)
or stnlcture(s) shall be perfomled to the satisfaction of the City as a prerequisite to an extension of a
deadline,
BRIAN J, At:I'C,ST, M^,'t'OR,CO~t.\IISSI0:-;EH
ED HART, VICE :v1AYOH,Cmt~IISSI0Nf.H WIlIl'NEY GRAY, C(),\I~IISSI{):\EH
Hon HA.\III.TON, COo\tMISSIONER * BIl.LJON~()N, CmtMhSIO~,EI<
"EQUAL EMI'I.O't~tE:'\T A.'\D AFFlR.\1ATIVE ACTIO:-': E~tPI.O"'EH"
1'" .... . "....' -, ' :' . " 'J, 1 .' "; ,. " '..' ," .
Page 2
Repairs needed will be, but not limited to the following: Building, Plumbing, Electrical, and
Mechanical. You are required to obtain a licensed Florida Architect, Engineer, or Contractor to
determine all areas of the structure that do not meet current Codes. Submit to the City a report from
your Construction Professional containing specifics as to how tIus structure will be brought to
current Code Standards, if you choose to repair.
The building or structure may be boarded up for a maximum of thirty (30) calendar days, after
which time all necessary repairs, construction, alterations, removal or demolition shall commence
to completion in 30 days; provided that if an appeal is made, the building or structure may be
secured or boarded up during the appeal process, and for such additional time as the reviewing
board may allow. Securing the structure which meets City specifications for closure will not have a
specified duration,
Should you decide to demolish this structure, you must obtain the required permits for demolition
and commence work within seven (7) calendar days of receipt of this notice and complete the
demolition within twenty (20) days following issuance of permit. Permits are required by State
Statute Chapter 1 Section 104.1 of the SBCCI Standard Building Code. Permits are required to be
obtained by a licensed Contractor, except a single family or a duplex that the owner is cnrrently
living in.
If the repairs, or demolition are not completed by the dates specified in this notice, by authority of
Chapter 6 of the Standard Unsafe Building Code, 1985 edition, as adopted by Section 47.051(1)(e)
of the City Code of Ordinances, the City will take action to obtain compliance with this building.
All costs associated with the action to obtain compliance will be billed to the property owner and
shall constitute a lien on the property if not paid.
Any person having a legal interest in this property may appeal this decision to the City of
Clearwater's Building/Flood Board of Adjustments and Appeals. A written notice of appeal shall
be filed with the Building Official within seven (7), calendar days of receipt of this notice, on a
form which you may obtain from this office. Failure to appeal within the time specified will
constitute a waiver of all rights to an administrative hearing.
For additional information or assistance, please contact Bill Wright at 562-4573,
Sincerely,
~~
Kevin Garriott
Building Official
Enclosure: Unsafe Structure Report
~
.
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SENDER: COMPLETE :rHIS SECTION "
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item 4 if Restricted Delivery is desired,
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or on the front if space permits,
1, Article Addressed to:
D:t n fvk k; n () t'\..b
I \30 E:n~tnan...St-.
C \ e.clA wa.,-te r FL'3~ 155-
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2. Article Number (Copy from service labeQ
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CITY OF CLEARWATER " F Lr.:.;
PLANNING & DEVELOPMENT SERVICES
100 S, MYRTLE AVENUE
CLEARWATER., FL, 33756
ATIN: \l~ILL WRIGlr~'_ Q1
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CITY OF CLEARWATER
UNSAFE STRUCTURE REPORT
Inspector: Bill Wright Date Inspected: May 9, 2001
Case # UNS2001-000075
Property Address: 1130 Engman 5t.
Parcel Number: 10-20915-33552-004-0480
Legal Description: Greenwood Park No, 2 Blk D, lot 48
Owner's Name: Dan Mckinney
Owner Address: 1130 Engman St. Clearwater, FL 33755-3219
REPORT
Items listed below include what is readily visible and are part of what has led to this structure
being declared UNSAFE. This report, however, is not intended to be used as a work write-up. It
will be necessary to have an architect and/or general contractor thoroughly inspect the property
to discover all code deficiencies. Submit your findings to the City's inspector. The structure
must remodeled/repaired to meet all currently adopted codes. YOUR professional will be able to
determine what needs to make the structure meet the current codes.
TO OCCUPY THE STRUCTURE OR TO HA VE unU77ES TURNED ON. THE STRUCTURE MUST
MEET THE CURRENT CODES
Structure destroyed by fire.
Exterior of Structure:
. Windows missing.
. Siding falling off.
Interior of Structure:
. Enclosed front porch destroyed.
. Walls destroyed.
Structure is not secure.
'It is the property owner's responsibility to have the structure thoroughly investigated for all code
deficiencies and to have that work completed by a licensed contractor before utility turn on and
occupancy. Submit report to inspecto listed below.
Inspector's Signature:
Supervisor's Signature:
Property Address:
1130 Engman S1.
Page L of -L
SJFonn . Unsafe StnIcture Report
. " , . \ . , ',".' . . '. . .
CITY OF CLEARWATER
DEVELOPMENT SERVICES DEPARTMENT
POST OFFICE Box 4748, CLEARWATER, FI.ORIDA 33758-4748
MUNICIPAL SERVICES BUILDING, 100 SOUTH MYRnE AVENUE, CLEARWATER, FLORIDA 33756
TELEPHONE (727) 562-4567 FAX Cl27) 562-4576
BUILDING & INSPECTIONS
June 8, 2001
Dan McKinney
1130 Engman Street
Clearwater FL 33755-3219
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RE: 1130 Engman Street, Clearwater, Florida
Dear Owners:
This is a reminder of the Unsafe Notice sent to you for a structure at the above address.
You have not requested a permit within the'time limit, therefore, we are proceeding with
our process. A title search will be ordered.
Questions may be directed to the inspector at (727) 562-4573.
~~
William Wright
Inspector II
Cc: file
Case: UNS2001-00075
BRIAN J. AUNGST, M^ YOR.COMMISSIONER
ED HART, VICE MAYOR-COMMISSIONER WHITNEY GRAY, COMMISSIONER
Ho.". H,'MILTON, COMMISSIONER (j BILLjONSON, COMMISSIONER
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CITY OF CLEARWATER
BUILDING & INSPECTIONS
DEVELOPMENT SERVICES DEPARTMENT
POST OFFICE Box 4748, CLEARWATER, FLORIDA 33758-4748
MUNICIPAL SERVICES BUILDING, 100 SOUTIl MYRTI.E AVE~UE, CLEARWATER, FLORIDA 33756
TELEPHONE (727) 562-4567 FAX (727) 562.4576
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September 12, 2001
Dan McKinney
1130 Engman Street
Oearwater FL 33755-3219
CERTMAIL: 7000-0600-0028-1820-2587
RE: 1130 Engman St.
Dear~. ~cE(inney
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TIlls letter is to bring to your attention, the time extension granted to you by the Building,
Abatement and Flood! Control Board on the above referenced property has expired.
No action has been taken on your part to bring the structure into compliance; therefore, we
are proceeding with the next step in the demolition of the building.
We are calling for a title search of the propeny, and requesting demolition bids.
, Questions may be directed to the inspector at 562-4573.
/'
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William Wright
Building Inspector
BRIAN J, AUNGST, M^YOR.CO~tMISSIONER
ED HART. VICE M.AYOf{,CmIMISSIONER \'(/IUTJl:EY GRAY, COMMISS10r--:ER
HOYT HAMILTON, COMMISS10:-:ER * BIU.JONSON, COMM1SSIOr--:ER
"EQUAL E:-'IPLO"t'~It-:NT A:-':O AFFIRMAlm: ACTIO:-': EMPLOYER"
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. Print your name and address on the reverse
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or on the front if space permits,
1, Article Addressed to:
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UNITED STATES POSTAL SERVICE
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CITY OF C1.I0\RWAIl:R
DEVEl.OPMENT S~:I~Vl('t:S
100 S,1\\Ylrn,E AVE
CLEAR\VATEI{, FI. 331Y,
ATTN: r~V1U8!T ~
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Fidelity National Title
INSURANCE COMPANY OF NEW YORK
Lender Express
5810 W. Cypress Street, #E · Tampa, FL 33607
(813) 289.8990. FAX (813) 282-9794
OWNERSHIP AND ENCUMBRANCE REPORT
Date: September 28, 2001
File Number: 01-030-1314758
City Of Clearwater Planning & Development Services
100 S. Myrtle Ave
Clearwater, FL 33765
Attn: Bill Wright
Re: McKinney
Search From: August 5, 1985 To: September 25, 2001
In the ,Public Records of: Pinellas County, Florida.
Owner of Record:
Anna McKinney as to a Life Estate, joined by Lee Roy McKinney and Warren McKinney
and Dan McKinney as to Fee Simple
Quit Claim Deed recorded in Official Record Book 8855, page 932.
By Virtue of:
Legal Description: .
LOT FORTY-EIGHT (48) BLOCK D OF GREENWOOD PARK SUBDIVISION NO.2 AS RECORDED IN PLAT
BOOK 8, PAGE 16 OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA.
Mortgage Information:
NONE.
Judgement and Lien Information:
NONE.
Informational:
~
Ouit Claim Deed recorded August 5, 1985 in O.R. Book 6047, Page 539.
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Tax Information:
Note: Parcel Identification (Folio) Number:
Assessed Value:
Homestead, Exemption:
Other Exemptions:
Ad Valorem Gross Amount:
Taxes Paid for the year(s):
Taxes Due for the year(s):
Address: 1130 Engman Street, Clearwater, FL
10/29/15/33552/004/0480
$18,500.00
yes
none
$0.00
2000 taxes were exempt
nla
This report does not directly or indirectly set forth or imply any opinion, warranty, guarantee, insurance, or
other similar assurance as to the status of title. This company expressly disclaims any liability for loss or
damage resulting from reliance on this report in excess of the fee paid to Fidelity National Title Insurance
Company of New York therefore.
Fidelity National Title Insurance Company of New Yark
Cou ntersigned
By':
Issued at:
581 0 W. Cypress Street, #E
Tampa, FL 33607
PH (813) 289-7777
FAX (813) 289-5424
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Page 2
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XNST # 94-329040
DEe 2, 1994 5: 24PM
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PINELLAS COUNTY FLn.
OFF.REC.BK 8855 PG 932
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, firsfpllrty. ~ /lII/I'(,/J /lAC' ^', /U -,v ~ I I
whMC PO,I office llddre...s as
IQ~COndrm1Y; IJ ~ IV ;vJ c. /..~ ./vA/ /' y(Dlln ~rnl.''Y)
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W1TNESSETII. Thlll UIe li~hlIiT~t pM)'. Cor 8000 conaidmllinn "nd for tho aum tlf
PaUlln ($ ) (\lid by tho Sllhhc:cond (lllny. Iho rec:cifll whereoC b
hereby m:knowJcdsed. does hereby rtmllo. rcJCQllC And qul~lllim unllllho anI11 sccand party forover. an the
riShl,I'llo. Inlerost cmd claim which tho saitl firsl flllny hQ.\ in ond to .he fullowi"" descrlhcd pAtI."Cl af lAnd.
and impM\tcmcnls nnd appurtenance, _hareto in the Caunty af . StAte or
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P.i.COiiiill.G 1 $6.00 ,
~ERVICE. CHflRGE a $2. DO
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IN WITNESS WIIEREOF.1'hc aold firsl pllny hilS signed Dnd~~d~" p1&i~&.P,ilidQY
llIId YlllU'nflll Ohn"ll \mUon, CHIINGE:
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On Doccmbor 2. 1994 llcrl1rumc. S()plt!a Smlyot'. II Notary Pub1t.c: .
appeared AllnB Hc:KhlRoy
sty IIno_" Co mlt (or (Irorcd III me '1Illho bil"1 "( IJIIIJI'UIPII cYldencc) III ~ I"~ JlCUunh) Ylhnl~ I'llamell)
IUblCrlhcd to the: wllhln In.lrumenl Mil lldnnwledscd III rno Ihll h~/'lWJhllY ucc:ul.:d Iho IlIme In
. h.lllulhorllcd padl)(lCI). and ,hili by Jflc/r aIS,"lullIl" on .he 'nmumcn'lh~ pt'ltonfl), lit 1M
enll'y upon bPhatr 0' h h Ih ,ulnl.) 1l4'lcd. ec IClllhcr:..lIU~nl . ".", ...~:. "
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Hy Cllml')blllun uHI-lr,'n: Nuv:.l, IC)9S ..~..cR':'J'rl ".
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....",.."" If. "II,'" III'" 110' ",..,,,,,.........,, """"" nr'" .. ''''p'',oI .l"''''pt., fc1'" ""'l~bl' DI
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[l.~. 30:,17 PAL( 539
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1h1s tu1t.Qa1m 1m!, ExK-u'ed tht. 2rd da, of August . It D. 1985 ,L,
JRSSS ~. (new ~9Cd) and Wife, Am1E foI':KIWE'{ (surviving w,idc;1.rl)
/tral JIa1t7, to AMP.~, ~ Slall retain II life estAto, I..F.E ~ ~ ard
~ ~, as rsnai.nder men. 'lhis is a corrected Deed in that t.;e Grllntcr
is ret:a:ln#9 a life estate,
whOl. poalof/lc:. ..del,.... II ll30 ida 335 5
'(0 ~ Street, Clezu:water, F10r , 1
aK'Oncl pcIrly: -~,
(~ .... ~. doe ~ ,~'f!c:04. ,PM1l" .... "--.l pvtlo" olo61t ""'Iedo ol.....* .ad ".".. ...tn......
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1tIttnt$sdh, Tha' th. ,aid fine part,. lor ond In COIU'd,ro/lon o/'h_ ,um 01 S
Ln hand poJcl b, ehe md MC'OIUl PfU'f1. Ihe r-ec.lp' whHeoI b h,,...h, aclnowl.JgKl. cion h_lJ, ,..tnla.. N'
l.cu. and qui..clalm WI'O ,h_ .old .<<:and pert, /orever, a/l ,h. rig h.. lilt.. Inl.....I. claim ami el.mand which
the .old {ent JlCIIiy hcu fn a.ncl eo th. lollowlnQ a.lCrflJ.J 10,. pfffll or pa.rc.l of land. .Uuat_, lying and lHlng
fn th. Count, 01 PINEt.tAS S'll'e 0/ FIJJRlDl\ . lo.wll:
UJr Fan':{-Emfl' (48) BUx::K D of ~
PARK &lB,jIVJ:SICN No. 2 as recot:ded in
Plat Bodt S, Page 16 of the Public Reoxds
of Pine.llas Coonty, Florida.
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TD H&tt and to Hold .h, Jam. loge/h,r wuh 011 ancl .I"gular ,h. appurl.n4I\U' thnwunto
l>.1ongl"" or In GnYW"., opp.rtolnLng. and oll.1a. ellol,. Iigh,. lit", lnl'....', llfn, eqwl, ancl c:lotm w~.
.oaWl' 01 the .olcl flr.t pori,. ./lh.r in law or ~ull" '0 .h. only prop.r W', b,nl/ll' and lHthool 0/ the .old
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STATE OF FLORIDA.
COUNTY OF PmELtAS
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I HEREBY CERTIfY that on this day, before me. an
o{fjcC'r duly autboriztd in the SUte afornaid and in the Coun!}' aforesaid 10 .....e ~nowkd~enll, pe~na1ly appeand
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to llle known to be the pcrton dc:scribC'd in and who e~ecutl'd thr fOF.~&..I~:~~i ..~d she ,1CknowlrdRrd
she ,{f: . .'., " .
belore me th.t lfXlfcultd thr ume,.....~. ",.,' ,
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J....NOtO lHW CUIlIAI. INSUlAAC(1H) 1. ':
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Drew Tonney, of Tanney,; Forde, Donahey & Eno,. P .1\. ,
Strwt, Cleat:\';f.'ktcr, Florida 3)516
ANNIE M::1QlNEY
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CITY OF CLEARWATER
DEVELOPMENT SERVICES DEPARTMENT
Municipal Services Building, 100 South Myrtle Avenue, Clearwater, FL 33756
PHONE (727)-562-4567 FAX (727) 562-4576
September] 3, 200 I
Fidelity National Title
Lender's Express Division'
5810 Cypress street Suite E
Tampa, FL 33607
FAX# 813 282-9794
Attention Ms. Heather Whitacre:
Dear Ms. Whitacre:
Expensecode:Ol0~00000-115645
Property address: 1130 Engman Street, Cleanvatcr, FL
Parcel ID #: 10-29-15-33552-004-0480
Please send HARD COpy ONLY of requested 0 & E reports on the above addresses to:
City of Clearwater
Plalming & Development Services
Attn: Bill Wright
100 S, Myrtle Avenue
Clearwater, FL 33765
Thank you.
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01-341789 OCT- 1-2001 1131AM (,C?I?O:';J J(!:!.1.,2001 Ij~:5f);rl NDI(
PG 9Se: r;'< \.In'r "1....., 1'1 ['~,rllJ'\Ir:"l/r..\\! 'll'K'I'!',I'"
PINELLAS CO BK 11601 -' :H i~I.''''',I\ "I,:!'li,'11Ll\vrillI'J"f'\(IL)'
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Pl-ru"l/Ifl'[W" Or1l 1',il/'I'r' 1 <l{' "(
CITY OF CLEARWATE~:'J"",',lIl1 II, jiK'C(! ,L ,..._~:~~:.!
DEVELOPMENT SERVICES TUTr!l: $6.00
100 South Myrtle Avenue, 2nd floor CriBll ~lhr. TENllF:LI): $6.00
Clearwater, FL 33756 llY rl,~l)fTH~{NcG,lE[:T"/ $.00
PHONE (727) 562-4567 FAX (727) 56'z-4-5:r'6-'- IUU - \1\
Attn: Bill Wright
NOTICE OF INTENT TO LIEN
BY THE CITY OF CLEARWATER
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- Notice is hereby given that the City of Clearwater intends to file a lien for the costs
incUlTed and associated with the Unsafe Building Abatement Code Case No, UNS2001-
00075, on real property, shown in Pinellas County Records as owned by Dan McKinney
~ on September 26, 2001 and comnlonly known by 1130 Engman Street. Legal description
with parcel number: Greenwood Park #2, Block D. Lot 48, Parcel #10-29-15-33552-
004-0480.
This filing of said lien, pursuant to Chapter 7 of the Unsafe Building Abatement Code
with the City of Clearwater Anlendments, is for recovery of expenses incurred by the
City. This code is adopted in Chapter 47 of the City of Clearwater Code of Ordinances.
Once recorded in the Official Records of Pine lIas County, this instrument shall constitute
notice to, and the findings therein shall be binding upon, the respondent and any and all
subsequent purchaser,S, successors in interest, or assigns, 1"1 ~' "', ,,. '; ", .' ~.. [:, ':
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Witness my hand this C2lJ_ day O~rl~.:Jt'L200I, ' - ,,",' , ",
A / A OCT .~ 8 200~
Signature: t, /. ,c:JdA/v " '/-1:
Kevin Gan-iott - Cit of.Clearwater Building Official
Prcparcd by:
Office of the I3uilding Oflicial
Devclopmcnt Scrviccs Department
City ofClearwatcr
/>,0, Box 4748
Clcarwatcr, FL 33758
TERRY ANN WONG
CQMMI:$OON" CC838899
EXPIRES MAY 20. 2003
PONOEOT~OUGH
ADVANTAGE NOTAAV
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BOARD OF ADJUSTMENT AND APPEAL ON BUILDING/FLOOD CONTROL MEETING
CITY OF CLEARWATER
July 11, 2001
Not approved
Present: John H. Logan, Jr.
Michael 0, Corcoran
Pankaj Shah
Chair
Board Member
Board Member
Absent: Edward H. Walker, Jr.
Carroll Nail, Jr,
Board Member
Board Member
Also Present: Kevin Garriott
Bill Wright
Patricia 0, Sullivan
Building Official
Building Construction Inspector II
Board Reporter
The Chair called the meeting to order at 2:00 p.m, at the Municipal Services Building,
To provide continuity for research, items are in agenda order although not
necessarily discussed in that order.
ITEM #A - Approval of Minutes
Member Corcoran moved to approve the minutes of the regular meeting of April 11,
2001, as recorded and submitted in written summation to each board member, The motion
was duly seconded and carried unanimously,
ITEM #B - Continued Requests - None,
ITEM #C - New Requests
#C1 -1540Scranton Street: Ruby J, Yates. Owner. Request time extension to make
repairs or sell property at Parcel 22-29-15-07938-001-0290. BAA 01-06
On May 91 2001, the City cited the building at 1540 Scranton Avenue as an unsafe
structure. Associated problems relate to trash and debris in the structure and the
deterioration of wood beams, fascia, siding, the carport roof, and wood decking. The ceiling
is stained from the leaking roof. The plumbing stack is broken. The rear door is open.
Glass panels are missing from the door and the lock is broken. The ceiling is fallinQ- and
switch sockets are open,
Building Construction Inspector Bill Wright distributed photograph sheets from the
Unsafe Structure Report dated May 9, 2001, Mr, Wright said the owner has a contractor.
The roof has been repaired. The owner has worked diligently to repair the structure.
Planned repairs include new floors, plumbing, and electric work, Mr. Wright recommended
a 90-day extension.
mbf0401
1
04/11/01
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Member Shah moved to approve a 90-day extension for the completion of
necessary repairs to the structure at 1540 Scranton Avenue to meet Section 47,161 City
Code of Ordinances regarding unsafe buildings. The motion was duly seconded and
carried unanimously.
#C2 -1812 North Highland Avenue: Grace Lutheran Church, Owner: Collman & Karskv
Associates, Representative, Request permission to relocate exhaust fan HEF-1 flush to
exterior non-combustible wall at Parcel 02-29-15-00000-320-1200,
BAA 01-07
Collman & Karsky Associates representative Ned Stacy discussed aesthetic issues
related to the completed project, which renovated the church's fellowship hall and kitchen.
The exhaust fan has a vertical draft, He said the surface, under the eaves and above the
fan, can be covered with a UL listed blanket and wrapped with a metal tube. He said the
fan is 10 feet from combustible material. The exhaust fan extends from the wall and is
unattractive. He said the beam above the eaves is considered heavy timber. He requested
permission to relocate the exhaust fan so that it is flush with the exterior wall. If a fire
occurs, he said the fan has an electric disconnect. Mr. Stacy said no problems with grease
buildup will occur, as the church only holds put luck dinners.
Fire Support Manager Randy Hanson said he had not had sufficient time to evaluate
the proposal. He expressed concern the proposed design would not be sufficient as fire
could wrap over the soffet and quickly spread and heat could be transferred to the wood,
Building Construction Inspector Bill Phillips indicated the City could not assume a grease
buildup would not occur in the future. Building Official Kevin Garriott said the Code does not
address one-hour wraps and the mechanical code does not address side-mounted fans,
Discussion ensued regarding combustion issues related to the fan's location. It was
recommended the architects and staff work together on a solution.
Member Shah moved to postpone a decision related to the requested relocation of
the fan at 1812 North Highland Avenue to provide time for Fire Department and Building
Department officials to consider the mechanical aspects of the request and work with the
representatives toward a solution, The motion was duly seconded and carried
unanimously.
mbf0401
2
04/11/01
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#C3 -1130 Enqman Street: Dan McKinney, Owner, Request time extension to make
repairs or build new home at Parcel 10-29-15-33552-004-0480, BAA 01-08
Mr. Wright reported fire had destroyed the structure at 1130 Engman Street on
March 10, 2001. On May 9, 2001, the City cited the building as an unsafe structure. While
the owner has indicated he is waiting for his insurance to be resolved, the building remains
unsecured, Mr. Wright distributed photograph sheets from the Unsafe Structure Report
dated May 9, 2001, which indicated fire damage to the structure. The owner was not
present. Staff received a letter supporting an unlimited extension.
Member Shah moved to approve a 3D-day extension for the completion of
necessary repairs to the structure at 1130 Engman Street to meet Section 47,161 City Code
of Ordinances regarding unsafe buildings. The motion was duly seconded and carried
unanimously.
#C4 - 1111 Blanche B. Littleiohn Trail: Maria Smith-Pernell, Owner, Request time
extension to have drawings made and locate a contractor to rehabilitate the structure to
meet Code. Parcel 10-29-15-65718-000-0070, BAA 01-09
On May 15, 20011 the City cited the building at 1111 Blanche B, Littlejohn Trail as an
unsafe structure. Associated problems relate to improper and open interior and exterior
wiring, an open exterior electrical box, incomplete framing, missing section of wall support
postl broken, missing, and boarded windows, missing door, trash and construction debris,
deteriorating canopy, and evidence of homeless occupancy. Mr. Wright distributed
photograph sheets from the Unsafe Structure Report dated March 26 and May 15, 2001.
Owner Maria Smith-Pernell said this is her childhood home. She had taken an
emergency leave from her Virginia home to attend today's meeting and correct problems
related to the property, She said her contractor has presented drawings and obtained a
permit to rehabilitate the structure to meet Code. She said it will not be a rental property,
Her mother, who previously managed the property, is elderly and retired.
Mr. Wright said the property has been unsatisfactory for three years and continues to
deteriorate. Fines total between $30,000 and $40,000. Minimal repairs completed last year
stopped the fines from accruing. He recommended a 30-day extension to complete the
project. As long as work is progressing, staff can extend the deadline, Ms. Smith-Pernell
plans to appear before the Municipal Code Enforcement Board and request a reduction of
fines.
Tom Sehlhorst objected to the extension, Staff received a letter supporting an
unlimited extension.
It was felt the owner has the right to repair her house, Ms, Smith-Pernell requested a
60-dayextension. Mr, Wright concurred. Mr, Garriott said the City wants the project
completed and the structure maintained,
mbf0401
3
04/11/01
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Member Corcoran moved to approve a GO-day extension for the completion of
necessary repairs to the structure at 1111 Blanche 8, Littlejohn Trail to meet Section 47.161
City Code of Ordinances regarding unsafe buildings and for the City to implement
condemnation procedures if repairs and inspections are not completed by September 9,
2001. The motion was duly seconded and carried unanimously,
ITEM #D -PendinQ Matters - None.
ITEM #E - Adiournment
The meeting adjoumed at 3:18p.m,
Chair
Board of Adjustment and Appeal on
Building/Flood Control
A tiest:
Board Reporter
mbf0401
4
04/11/01
, , " ' ,/', , -. , .'
Address:
Owner:
.' '" .
Unsafe Structure Worksheet
CASE # UNS2001-00075
- -
1130 Engman St.
Dan McKinney
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Hours _12_ @ $53.00 per hour
Intent to lien (Filing)
Advertise in paper
Title Search
Asbestos Survey
Asbestos Abatement
Monitoring
Demolition
Postage:
Photos:
Certified Mail_2
Re ular Mail 11
Rolls of film _2
Developing _2
Prints 44
@ $3.79 each
34
@ $5.39
@ $2.25 per roll
30 each
Release of Intent to lien. (Filing)
Removing and replacing Vehicle on property
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10.78
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636.00
6.00
54.70
75.00
N/A
N/A
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3883.74
11.32
28.48
6.00
70.00
4,771.24'
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Fidelity National Title
INSURANCE COMPANY OF NEW YORK
Lender Express
5810 W, Cypress Street, #E · Tampa, FL 33607
(813) 289-8990. FAX (813) 282-9794
~~
, ~.l' INVOICE NO.18201
'\"~\\."l'f\~....:"5' TERMS, NET, DUE UPON RECEIPT
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DATE: September 28, 2001
REF. #: 01000000115645
City Of Clearwater Planning & Development Services
Attn: Bill Wright
100 S. Myrtle Ave
Clearwater FL 33765
COUNTY NO. 0478
BRANCH NO. 0478-0030
ORDER NO. 01-030-1314758
, BUYER:
SELLER:
PROPERTY:
4290
11 30 Engman Street
~@~ow~
Sales Rep(s)
Heather Whitacre
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DEVELOPMENT SERVICES OEPT
CITY OF CLEARWATER
Search Product: Ownership & Encumbrance Report
$
75.00
PLEASE PAY THIS AMOUNT:
$
75.00
NOTE: Total Amount due and payable within 15 days of receipt of this statement,
regardless of cancellation of commitment report issued.
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P.1l~f3CI-JASE ORDER:
l,;1I Y 01- l,;LI:AHWAII:H
PURCHASING DIVISION
P,O, 130X 4748
CLEARWATER, FLORIDA 33758-4748
FLORIDA SALES TAX EXEMPTION CERT, NO, 62-02-134859.54C
FEDERAL EXCISE TAX EXEMPTION NO, 59,78.01051<
P,O. DATE
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A1TENTION: 24 HOlm NJVl\h!CE NOTIr-'IC/\rIUI\j IKOUII::I~U
ON ALL SHIPMEI'lTS TO CITY or.: CLEARW^IT~FI L.OCf.;nOt~F;,
DIFlECT /-\l.L COMIVlUNICATIOI\JS 01,1 TI'W: onDI::FI TO:
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PAYMENT TERMS
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I hereby Certify That The Items Specified Above Have Been Received. Inspected for Conformance to Contract Requirements and
Accepted as Indicated in "Quantity Received" Column,
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CHECK ONE
D. THIS IS A PARTIAL DELIVERY
~, THIS IS A FINAL DELIVERY
Date Received
REGF-'VING COpy
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~O!~f:f~~TION OF UNSAFE;BUILDING,
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\c;>1.(:~aJU~.tmentland 'Appeat:'..' ';1",,1, ';-> ,~' >, ',':.'" ,\ OF CLEARWATER
\ 'i+:~:.'1"~; '",:,,',:, ,,'-:: " ," ," " ';'- ,;,' ", . "," TIFICATION OF UNSAFE BUILDING
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t.JWUlll I.V LLlU." ...____..___;-' "" ~_
of NOVEMBER, A.D. 20...Q.L
,. vIPA TRIBUNE
ishcd Daily
rough County, Florida
~. i;;
'/i:;r'
Personally Known ~ Produced Identification
Type of Identification Produced
~ eA;\D
~"'~ y P{j~ OFFICIAL NOTARY SEAL
o <'.... SUSIE LEE SLATON
:~~ ~ COMMISSION NUMBER
~.,l9' S' 00000060
~>.... , I? MY COMMISSION EXP,
"<-'OFF\-O APt=!!L 16, 2005
(~~ ~r-
RECE~\JED
;.;',~':'/ Z :'~ ;!:;U:
rJU\I\Il';J~I\ll:1 CI. ui:.VELOPlVIENT
SEf{vICES
CITY OF GU:/-\;:NVATER
/
THE TAMP A TRIBUNE
Published Daily
Tampa, Hillsborough County, Florida
.i' .
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I
,
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State of Florida }
County of HlIIsborough} S5.
Before the undersigned authority personally appeared J. Rosenthal, who on oath says that she is Classified Billing
Manager of The Tampa Tribune, a daily newspaper published at Tampa in Hillsborough County, Florida; that the
attached copy of advertisement being a
LEGAL NOTICE PINELLAS EDITION
in the matter of
CITY OF CLEARWATER
NOTIFICATION OF UNSAFE BUILDING
was published in said newspaper in the issues of oc.TORRR ii, 2001
Affiant further says that the said The Tampa Tribune is a newspaper published at Tampa in said Hillsborough
County, Florida, and that the said newspaper has heretofore been continuously published in said Hillsborough
County, Florida, each day and has been entered as second class mail matter at the post office in Tampa, in said
Hillsborough County; Florida for a period of one year next preceding the first publication of the attached copy of
advertisement; and affiant further says that she has neither paid nor promised any person, this advertisement for
publication in the said newspaper,
of
NOVEMBER
day
Sworn to and subscribed by me, this
Personally Known ~ Produced Identification
Type of Identification Produced
4 61-\ 00
~~~ V PlJ~ OFFICIAL NOTARY-SEAL
o <"... SUSIE LEE SLATON
~;. , ~ COMMISSION NUMBER
~ :s:- D0000060
"'>... ~ MY COMMISSION EXP.
'(o-OFf\..O APRIL 16,2005
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R E ('~ ~..... l: ~, /.' r"" It''''\','
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PLANN:I\!l:i Qr, i.Jt..VL.:.LU[J\VISI\JT
SEHVtCES
CITY OF CLEAHW/nEH
379
0066 NN AA
1100/2299 ..
08-Jan-2002
LL 00 LL RREESSIIDDEENNTTllAALL
/3333555500004400448800 // /1
Prop Addr: 1130 ENGMAN ST
07:54:
N1 : MC KINNEY, DAN Tax Dist: CW
N2: Prop Use: 210 Lnd Use: 01 Fire Dist:
A1: 1130 ENGMAN ST OR Bk: 08855 Pg: 0932 Dlq:
A2: Tenancy: SINGLE Escrw:
CI: CLEARWATER Note:
ST: FL COUNTRY:
33755 3219 Last Corr #: 25,536 Petition #: 0
TAXES
Exmpt Status: 1) 5 2) 3) 4) 2001 TAX: .00
( 2001 ) Senior Exmn Code: Without Cap: 157.06
2001 VALUE EXEMPTIONS Without Exem: 595.92
Just I Market: 25,800 HX: 19,000 2001 Mill: 23,0975
SAVE-OUR-HOMES CAP WX: 0 o Pct: 1. 000 Spec Tax: .00
Assessed / Cap: 19,000 DX: 0 U Pct: 1.000
TX 0 TxPct: .000
Taxable: 0 AX: 0 X: 244,966
SR: 0 X AREA: EW Y: 325,616
GREENWOOD PARK NO. 2 BLK D, LOT 48 APPR AREA: 21
PN10-01 CITY OF CLEARWATEL ATTN:ENGI
PARCEL ID 10-29-15-33552-004-0480 PAZIP
1130 ENGMAN ST 33755
OWNER'S NAME AND ADDRESS V P W
, DAN MCKINNEY
1130 ENGMAN ST
CLEARWATER, FL
33755-3219
LOT SIZE ==> RES
3,640 SQ FT
IMPROVEMENT
N/A
AMOUNT
YEAR
2000
SALE DATE
MKT YR BLDG LAND
16,600 5,200
MORTGAGE COMPANY
YRBLT/EFF FLRS TOT SQFT $/SQFT
1957 1957 0
G BLDGS == IMPROVEMENT == HEAT
1 01 SINGLE FAMILY
LEGAL DESCRIPTION CENSUS
GREENWOOD PARK NO.2 .00
BLK D, LOT 48 NBHD
007
COUNTY
40 X 91
LAND ASSESSMENT
N/A 18,500
BOOK PAGE DT Q T SALE
AVR
SQFT
799
PBOOK/PG
8 16
AS/FT YEAR
23.15 2000
DATE AMOUNT
TAXES PD D TX/FT
0.00 N N 0.00
BOOK PAGE DT Q
TOT VALUE ===== LAND / PROPERTY USE ===== HOMESTD LP
21,800 01 210 SINGLE FAMILY HOME 18500 N
AMOUNT DATE MTG TYPE RATE NUMBER
SELLER'S NAME GEN REVIEW DATE BLDG REVIEW DATE
ANNA MCKINNEY 09/24/1997 09/24/1997
ENTER=FWD F1=DOCS F2=BLDG F4=TAX F5=LGL F7=DIM F8=XFEAT F13=SKTCH
PNIO RECENT DEED PRESENT - Fl=VIEW
OWNER PHONE
727 447 0427
F6=COMP MENU
RES
t .' . ; '* p .' < f. t " ~ .: ~ . .' , ~'. '" ' . J . ':'. f. ~' . '."
Clearwater City Commission
Agenda Cover Memorandum
Fin,1I Agpnda Item II ,).'7 A
MCf>ting Dilte: 2/21/02
SUBJECT/RECOMMENDATION: Establish compensation of Assistant City Attorney II's at the SAMP 6
band and Assistant City Attorney I's at the SAMP 5 band. Authorize a one-time special equity increase
in the salaries of Paul Richard Hull and leslie Dougall-Sides, Assistant City Attorney II's at an
estimated amount of $12,993,
D and that the appropriate officials be authorized to execute same,
SUMMARY:
o The City Charter states that compensation for the assistant city attorneys shall be established by the city
attorney and approved by the commission,
o Assistant City Attorneys hold positions of significant responsibility, They are charged with making
decisions that are critical to the City.
o The Assistant City Attorney positions are unclassified and are not associated with any SAMP level.
o The scope of responsibility, independence, and authority that is exercised by Assistant City Attorney II's is
comparable with that of department directors,
o SAMP 6 salaries range from $60,000 to $110,000.
o Recent surveys indicate that the average yearly salary for Assistant City Attorney II's in comparably sized
cities in Florida ranges from $59,140 to $96,181, with a mean average of $ 90,115.00.
o Therefore, the comparable SAMP band for Assistant City Attorney II's is SAMP band 6,
o Assistant City Attorney I's exercise responsibility and authority that is comparable to Assistant Department
Directors.
o SAMP 5 band salaries range from $40,000 to $90,000.
o Recent surveys indicate that the average yearly salary for Assistant City Attorney I's in comparably sized
cities in Florida ranges from $42,368 to $70,235, with a mean average of $52,695.
o The appropriate SAMP band in which to place Assistant City Attorney I's is SAMP band 5.
. As of January 1, 2002, Paul Hull, Assistant City Attorney II, has been an attorney for 24 years and has 11
years of service with the City of Clearwater. His salary is 9% below the average for comparable cities and
counties in Florida. Therefore, a one-time equity increase of 9% is recommended.
. As of January 1, 2002, Leslie Dougall-Sides, Assistant City Attorney II, has been an attorney for 23 years
and 6.5 years of service with the City of Clearwater, Her salary is 23 % below the average for comparable
cities and counties in Florida. Therefore, a one-time equity increase of 20% is recommended.
. Hereafter, salary increases shall be in accordance with the annual SAMP increase.
. A first quarter budget amendment will provide the appropriation of $12,993 from the unappropriated
retained earnings of the General Fund to provide funding for these increases.
Reviewed bY~
Legal I Info Tech NA
-
Budget q Public Works NA
Purchasing A OCM/ACM
Risk Mgmt NA Other NA
Originating D
\
Legal
User Dept.
Legal
Attachments
Costs $12,993
Total
Funding Source:
Capilollmprovement Current Fiscal Year
Operating X
Other
Salary Study
Appropriation Code:
o None
Rev, 2/98
~. " '~". I . " ~ ~, . .
Survey Data
Requested Participants:
Pinellas County
City of Largo
City of St. Petersburg
City of Tampa
Hillsborough County
City of Sarasota
Sarasota Co.
City of Orlando
Orange County
Lakeland
City of Gainesville
City Tallahassee
, Average
Clearwater as reported
, % different froin average
(! A Of/I tf""
d!~1 fJ.;{
:'~~~':,Combination~;bf all SlJrveys'!t~>[
j > ~WAsst,CitYAttny 11- 0955 " .
Minimum Average Maximum
$65,657 $85,397 $106,753
$111,243 $111 ,400
$50,960 $66,639 $87,568
$85,061
$50,107
$69,098
$68,860
$61,730
$47,570
, $59,140
$87,415
$84,608
$98,606
$85,444
$106,625
$90,115
$64.771
$95,493
$101.220
$92,831
$109,408
$96,181
Appt
$75,207
#VALUEI -16,54%
"~;' ..':: :~-:;~;:~;~; ~ ~~~:.;~:;~. '~'r~~r-:~l~_j;..\.~: \.~~,:~, <~';'j~,:::;
. \". \;. :: . I. " :_, ~ ..~:'.:":
Title
Sr Asst Co Attorney
Chief Asst City Attny
Assist City Attny 1111
Sr A$sist Co Attorney
Retainer
Assist City Attorney II
Attorney III
Chief Asst C/Attny
City Attny/Sr Asst
Sr Asst City Attny
<,
(! 1/ a-l.lt~
-:11'2-
Survey Data ___Combination :o~81'~SUlV9Vsl'ia~.~
'~A' 'tlCltYYAtt '9;/t.j'0950tlm.~~~,
,:,..~. ,.\ .,. ss J. n '. ...,tot ~ tt_., 1~, .....
Requested Participants: Minimum Average Maximum
Pinellas County $45,342 $46,217 $72.174
City of Largo $39,832 $40,019 $59.779
City of St. Petersburg $51,500 $75,316 $96.595
City of Tampa
" Hillsborough County $67,850
City of Sarasota
Sarasota Co.
City of Orlando $36,670 $39,561 $45.240 i
Orange County $35.110 $52.686 i
Lakeland I
City of Gainesville $47,107 $56.000 $70,840 I
I
City Tallahassee $41,018 $43,903 $94,328 ~
Average $42,368 $52.695 $70,235
Clearwater as reported Appt vacant
% different from average #VALUEI #VALUEI ,
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AMENDMENT TO THE INTERLOCAL AGREEMENT
CREATING A TAMPA BAY REGIONAL PLANNING COUNCIL
Dated Septembor 8, 1975
Section 7, Powers
Add subsections:
(S) To incur debts, liabilities or obligations which do not constitute the debts,
liabilities or obligations of any parties to this agreement.
1. The Council may issue from time to time revenue notes to finance
capital improvements. Such notes shall be issued upon such terms,
containing such provisions, bearing interest at such lawful rate of rates
including variable rates having maturity (not exceeding 31 years from
the date issuance), and supported by such other documents, all as may
be established by the Council.
Such revenue notes shall not constitute llbonds" within the meaning
of Article VII, Section 12 of the Constitution, which must be approved
at an election of the qualified electors of the members, The revenue
notes shall not constitute a general obligation of any of the members,
the State ,of Florida or any public agency thereof, or alien upon any
property owned by or situated within the territorial limits of any of
the members, the State of Florida or any public agency thereof, The
holders of the revenue note shall not have the right to require or
r
,
~ ,
.
compel any exercise of the taxing power of any of the members to pay
~.
principal of, redemption premium, if any, and interest on the revenue
notes or to make any other payments provided for in connection
therewith.
2. Debts, liabilities and obligations authorized by the signatories to this
agreement, specifically include, but are not limited to, the under-
taking of debt up to $2,200,000 for the purpose of acquiring real
and personal property for COUNCIL offices,
(T) To dispose of any property acquired through the execution of interlocal
agreement under Section 163,01, Florida Statute,
~"',, '
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Clearwater Free Clinic Statistics (12/31/01) ./
1999 2000 ' 2001 2001 projected
~
Total Patients 6,850 8,425 9,470 9,700 -10,000
Returning Patients 5,671 6,446 7,280 7,800 '
New Patients 1,179 1,679 2,190 2,100
Pediatrics 187 747 1,100 1,200
Adults 6,663 7,378 8,370 8,700
Prescriptions Filled 10,995 12,333 14,502 15,000
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