04/18/2002
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CITY COMMISSION
MEETING
04/18/02 .
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ACTION AGENDA - CLEARWATER CITY COMMISSION MEETING
Thursday, April 18, 2002 - 6:00 P.M. - Commission Chambers
ITEM #1 - Invocation - Reverend Randy Morris
ITEM #2 - Pledge of Allegiance - Mayor.
ITEM #3 - Introductions, Presentations and Awards - Given.
a) Service Award - One.
Employee of Month - 4/02 - Eleanor "Sissy" Scharf
b) Proclamations - Municipal Clerks Week - 4/28 - 5/4/02
c) CPR Mass Training Day - 4/27/02
d) Administrative Professionals Week - 4/21-27/02; Administrative Professionals Day - 4/24/02
e) Day of Prayer - 5/2/02
f) EAB - Environmental Service Award to Parks and Recreation and Urban Forestry
g) Home and Neighborhood of the Quarter Presentation
ITEM #4 - Approval of Minutes - 4/4/02 regular meeting - Approved as submitted.
ITEM #5 - Citizens to be heard re items not on the Agenda
. Jan Regulski and Glenn Garte, representing the Clearwater Main Library Foundation Capital
Campaign, requested community involvement in raising $5-million. Messages from $5 donors will
be included in the time capsule. A Share the Memories party is scheduled for 4/28/02.
Duke Tieman looked forward to the Commissioners' visit to his neighborhood on Saturday during
Celebrate Clearwater Day.
PUBLIC HEARINGS
ITEM #6 - Public Hearing & First Reading Ord #6953-02 - Zoning Atlas Amendment for 101 South Old
Coachman Road (Post Court, Lot 1 less the Northerly 920 ft, in Section 18-29S-16E) (Post Court I Keith
Bricklemyer) Z 02-01-01
ACTION: Approved. Ordinance passed first reading.
ITEM #7 - Public Hearing & First Reading Ord #6950-02, 6951-02, 6952-02 - Annexation, Land Use
Plan and Zoning Atlas Amendments for 3010 Grandview Avenue (Kapok Terrace, Lot 11 and a portion of
Lot 12, in Section 09-29S-16E) (Thao & Vui Nguyen) ANX 02-01-01
ACTION: Approved. Ordinances passed first reading.
ITEM #8 - Public Hearing & First Reading Ord #6928-02 - Community Development Code
Amendments. PLD
ACTION; Approved as amended. Ordinance passed first reading.
Public Hearing - Second Reading Ordinances
ITEM #9 - Ord #6918-02, revising Appendix A, 5% increase in Occupational License Fees, Code of
Ordinances.
ACTION: Ordinance adopted as amended.
Action Agenda
1
04/18/02
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Item II 10 - Ord # 6984-02 approving new gas utility rates to become effective for all billings on or after
May 1 , 2002.
ACTION: Ordinance adopted.
CITY MANAGER REPORTS
CONSENT AGENDA (Items # 11 - 25) - Approved as submitted.
ITEM #11 - Approval of Purchases per Purchasing Memorandum:
1) Purchase compactor containers during the contract period May 1, 2002 thru April 30, 2003 for
$80,000. SW
2) Service contract for grounds maintenance during the contract period May 1, 2002 through April 30,
2003 for $71,524. PR
3) Work order for preliminary design report for the force main and gravity sewer improvements, phase I
for $96,760. PW
4) Work order for short term storm water management plan, phase I for $88,920. Public Works
ITEM #1 2 - Approve construction authorization for the new Main Library to Turner Construction
Company in an amount not to exceed $1,466,426. LIB
ITEM #13 - Approve release of funds from the Marina enterprise fund, in the amount of $50,000, for
Clearwater Marina Aquarium improvements. MR
ITEM #14 - Approve the transfer of $74,000 of funds from Recreation Facility Impact Fees collected on
Sand Key by Parks and Recreation, into a new CIP for improvements at the Clearwater Community
Sailing Center and to increase security at the Sand Key Beach to the North of the Sailing Center. MR
ITEM 1115 - Approve agreement in the amount' of $26,400 wi'th Pinellas Cares, Inc. for provision of a
Homeless Shelter Bed Hotline. PO
ITEM #16 - Approve a work order for consultant services in the amount of $67,995 to Parsons
Engineering Science, Inc. for preparation of construction plans and permitting for the Bayshore Blvd. @
S.R. 60 intersection. Public Works
ITEM #17 - Approve the final plat for Belcher and Nursery Development located in the Southeast corner
of Belcher Road and Nursery Road. Public Works .
ITEM #18 - Approve the final plat for Colonial Village Park located along the East side of McMullen-Booth
Road and approximately 0.26 miles South of Drew Street. Public Works
ITEM II 19 - Approve the Local Agency Program (LAP) Supplemental Agreement with the Florida
Department of Transportation (FOOT) for the Clearwater Beach West Bridge/Spur Connector construction
phase, in the amount of $3,006,562. Public Works
ITEM #20 - Authorize the sale of property known as the Atrium of BSF 11I-8 LLC to the Wilder
Corporation and authorize execution of a consent to this sale. City Attorney
ITEM #21 - Elect Commissioner Gray to serve as Vice-Mayor. eLK
Action Agenda
2
04/18/02
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ITEM #22 - Appoint Isay Gulley as "non-profit community based organization operating within the area"
representative on the Enterprise Zone Development Agency and Continue the vacant seat for "Resident
residing within Area." CLK
ITEM #23 - Submerged Lands Easement - Sun Harbor Condominium Association, Inc.
ITEM #24 - Submerged Lands Easement - Paschoalina C. Potter
ITEM #25 - Authorize City Officials to execute and deliver a Termination and Release of Reverter
regarding potential City of Clearwater interest in the Oak Cove and Oak Bluffs buildings.
OTHER ITEMS ON CITY MANAGER REPORT
CITY ATTORNEY REPORTS
ITEM #26 - Other City Attorney Items - None.
ITEM #27- City Manager Verbal Reports
a) Request from Pastor Harold Brooks
ACTION: Approved extension of time for revival tent at 910 Myrtle Avenue until 5/11/02.
Visioning Session confirmed for 5/6/02 at Sand Key Sailing Center at 1 :00 p.m.
ITEM #28 - Commission Discussion Items - None.
ITEM #29 - Other Commission Action
Aungst reported a request for a City liaison for the BIGC (Barrier Island Governmental Council).
Consensus was to appoint Commissioner Hamilton as the'liaison with Commissioner Gray attending
the 4/24/02 meeting.
Hibbard stated this morning he had attended the breakfast for Metropolitan Ministries, which has
exciting programs for the homeless and near homeless, mostly in Hillsborough County.
Hibbard invited residents to participate in this Saturday's Celebrate Clearwater neighborhood
gatherings.
Hibbard referenced today's newspaper article regarding the budget process, and reassured citizens
the Commission is working diligently to retain services and keep taxes in check.
Aungst said construction of the Roundabout and bridge is not costing additional tax monies. He said
next year's budget has been affected by large insurance cost increases related to 9/11 and employee
health plan increases.
Gray thanked staff for their response and help related to the Pinellas Cares 211 Operation Donation in
early April.
Gray reported she had participated in interviewing students applying for the Sister City Student
Exchange program and traveling to Nagano, Japan. Nagano pays all expenses for the trip. Four
students and one teacher will participate.
Action Agenda
3
04/18/02
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Aungst thanked Commissioner Gray for her leadership in the Pinellas Cares 211 collection and
representing the City well at the MPO, by speaking up to retain City grant dollars.
Jonson reported on 4/27/02 events: 1) Downtown cleanup begins at 8:00 a.m.; 2) the Community
Response Team mobilization exercise for disaster response begins at 9:00 a.m.; 3) Celebrate
Clearwater Neighborhoods begins at 10:00 a.m.; 4) the grand opening of new apartments on Tampa
Bay is in the afternoon; 5) the NAACP Freedom Fund banquet, which he will attend as representative
for the Commission, at the Harborview Center is in the evening; and 6) a Sunsets at Pier 60 concert
also is in the evening.
Jonson and Aungst announced on 4/27/02, Arbor Day, a tree giveaway is scheduled for Moccasin
Lake Park at 9:00 a.m.
Hamilton and Aungst apologized for being unable to attend Celebrate Clearwater festivities on
Saturday as they will be out of town. .
Hamilton stated last night he had attended the Pride Awards which represented all elementary and
middle schools in Pinellas County. He congratulated his son, Brad Hamilton, for being the top math
student at Oak Grove Middle School.
Aungst wished Commissioner Hamilton a great time on his second honeymoon.
Aungst said on 4/19/02, the Officer Friendly Jamboree is' scheduled at Jack Russell Stadium at
10:00 a.m.
Aungst said on 4/20/02, the Clearwater Airpark Open House, from 10:00 a.m. to 3:00 p.m., will
feature vintage aircraft, Police K-9s, skydiving, free hot dogs, and soda.
Aungst said last weekend Mr. and Mrs. Countryside were honored. He congratulated Commissioner
Jonson for being named Mr. Countryside. Jonson congratulated the Mayor's wife, Karen Aungst, for
being names Mrs. Countryside and thanked the citizens who organized the event.
ITEM #30 - Adjournment - 7:55 p.m.
Action Agenda
4
04/18/02
C I T Y 0 F C LEAR W ATE R
Interdepartnlental Correspondence
TO: Mayor and Commissioners
FROM: Cynthia E. Goudeau, City Cler@
SUBJECT: Follow up from April 15, 2002 Work Session
COPIES: William B. Horne, City Manager
DATE: April 16, 2002
In response to questions raised at the April 15, 2002 Work Session, the following answers are
provided in final agenda order:
Item from worksession regarding Amendatory Agreement with the Phillies was pulled.
Item #7 - Ordinance #6950-02, 6951-02, 6952-02 -3010 Grandview Avenue (Kapok Terrace, Lot
11 and a portion of Lot 12) (Thao & Vui Nguyen) ANX 02-01-01 - A question was raised about the
flooding and sinkholes in this area. This location sits about 15 feet in elevation above the Friendly
Village of Kapok. City records show no flooding or sinkhole complaints from this subdivision.
Item #8 - Ordinance 6928-02, Community Development Code Amendments - Changes to the
Code Amendments will be finalized subsequent to the Community Development Board meeting
today, April 16, 2002.
Item #13 - Approve release of funds from the Marina enterprise fund for Clearwater Marina
Aquarium improvements - A question was asked about the ownership of the Marine Science
Center property. The Marine Science Center does own the property. After approval at
referendum, the Science Center purchased the property in Septelnber 1986 from the City for $1.
The purchase does have a reverter clause, which is attached to this memo.
O~H.6319 P~GE 801
RESTRICTIONS AND LIMITATIONS
SUBJEeT TO THE FOLLOWING:
The party of the second part and its successors and
assigns shall devote the use of the lands conveyed
herein solely to the expansion of the Clearwater Marine
Science Center facility, and if any portion of the lands
conveyed herein should ever be used for any purpose
other than a Marine Science Center, not for profit,
the title of said lands shall automatically revert to
the City of Clearwater, subject to any liens or
encumbrances thereon. The City of Clearwater shall
have the option to satisfy any liens and encumbrances
on said lands, but not the obligation to do so.
ALSO SUBJECT TO THE FOLLOWING:
Neither the party of the second part nor its
successors or assigns shall ever permit the
property to be encumbered by any mortgage lien or
other lien or liens for any amount exceeding, in
the aggregate, $600,000.00 at anyone time, and this
provision shall be a covenant running with the
land, the breach of which shall result in a reversion
of the property to the City of Clearwater free
and clear of all liens and encumbrances except
for a mortgage lien or liens in the aggregate
principal amount of $600,000.00 or less. This
covenant shall expire upon the Clearwater Marine
Science Center's obtaining a construction loan for
the purpose of consummating the expansion plans of
the Clearwater Marine Science Center.
SUBJECT TO all covenants and restrictions of record,
including an easement deed in favor of Florida Power
Corporation as recorded on July 12, 1984, in Official
Records Book 5801, page 2016, of the Public Records
of Pinellas County, Florida.
EXHIBIT .B
-1-
Work session Item #:
Clearwater City
Commission
Agenda Cover
Memorandum
Meeting Date:
3~
4/15/02
4/18/02
Final Agenda Item #
SUBJECT IRECOMMEND A TION:
SERVICE AWARDS
o
SUMMARY:
and that the appropriate officials be authorized to execute same.
The following employees be presented with service awards for their length of service in the employment of the
City of Clearwater
BACKGROUND:
5 Years
Suzanne J. Hamilton
Stacey S. Sterling
Cynthia Davis-Gryce
Jay T. Holsombach
Cheryl L. Wood
James E. Mehr, Jr.
Paul J. Bosco
Leonard A. Melanson
Vincent H. Hawkes
Lisa A. Hall
Reviewed by:
Legal
Budget
Purchasing
Risk Mgmt
Submitted by:
City Manager
Printed on recycled paper
2/98
Library
Parks & Recreation
Human Relations
Police
Police
Police
Police
Police
Library
Human Resources
15 Years
James D. Wood
Suzanne C. Kravik
Lynn C. Davis
Joseph I. Walden
Gregory W. Hewett
20 Years.
Michael V. Metcalf
Karen Dombrowski
Andrew S. Bachtel
Ozell George, Jr.
Ronald J. Sudler
25 Years
Ed H. Shannahan
Robert E. Cantrell
Willie A. Floyd
30 Years
Barbara L. Sexsmith
Jeff P. Kronschnabl
Originating Dept:
Info Srvc
Public Works
DCM/ ACM
Other
Total
User Dept.
Current FY
Attachments
o None
General Services
Police
Police
Solid Waste
Public Utilities
Police
Budget
Public Utilities
Public Services
Police
Gas
Solid Waste
Solid Waste
Development Services
Development Services
Costs
Funding Source:
CI
OP
Other
A ro rlatlon Code:
Rev.
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Final Agenda Item #
(JL I) 2
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Clearwater City COTI1111ission
Agenda Cover MenlorandulTI
Worksession Item #:
Meeting Date: 4-18-02
SU BJ ECT IRECOMMENDA liON:
Rezoning of property at 101 South Old Coachman Road consisting of Lot 1, Post Court less the
Northerly 920 feet thereof in Section 18, Township 29 South, Range 16 East; Owner: Post Court;
Representative: Keith W. Bricklemyer.
Motion: APPROVE a Zoning Atlas Amendment from an Office (0) District to Medium Density
Residential (MDR) for property at 101 South Old Coachman Road consisting of Lot 1, Post Court less
the Northerly 920 feet thereof in Section 18, Township 29 South, Range 16 East, and PASS
Ordinance 6953-02 on first reading. (Z 02-01-01 )
o and that the appropriate officials be authorized to execute same.
SUMMARY:
The subject property is located on the east side of Old Coachman Road, approximately 600 feet
north of Gulf-to-Bay Boulevard and 520 feet west of U. S. 19 North. This site is approximately 7.7
acres in area and is developed with a 108 unit multi-family development in four three-story buildings.
The purpose of the zoning change is to bring an existing use into conformity with the Community
Development Code. When the property was developed in 1987, it was zoned Limited Office (OL)
and the development was conforming. The OL zoning designation was reclassified to the Office (0)
district when the new Community Development Code was adopted in 1999. The Office zoning
district does not permit stand-alone multi-family development, therefore, the existing facility (Post
Court Apartments) is a legal non-conforming use.
Currently, the subject site has a Future Land Use Plan designation of Residential/Office General.
The proposed Medium Density Residential (MDR) zoning is consistent with this plan category. This
zoning district permits 15 dwelling units per acre and the site is developed at 14 units per acre. The
applicant owns a multi-family residential complex immediately adjacent to the north of the subject
property which is also zoned MDR. The proposed rezoning will bring the applicant's entire property
under the same zoning district.
Public Works
OCM/ACM ~
Other
Current FY
Funding Source:
CI
OP
Other
The Planning Department determined that the proposed rezoning is consistent with the following
standards specified in the Community Development Code:
. The proposed rezoning application is consistent with the Comprehensive Plan.
. The proposed rezoning provides consistency between the City's zoning map and Future Land
Use Map.
. . There will be no adverse impacts on public facilities and their level of service.
Reviewed by:
Legal ~
Budget
Purchasig
Risl<Mgmt
Info Srvc
Costs
Total
Submitted by: -r. ~" ,t4.
City Manager ~ ......JW
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A ro rlatlon Code:
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. The district boundaries are appropriately drawn with regard to locations and classifications of
Streets, ownership lines, existing improvements 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.
The Community Development Board reviewed this proposed rezoning at its regularly scheduled
meeting of March 19, 2002 and unanimously recommended approval.
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ORDINANCE NO. 6953-02
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
AMENDING THE ZONING ATLAS OF THE CITY BY REZONING
CERTAIN PROPERTY LOCATED ON THE EAST SIDE OF OLD
COACHMAN ROAD, APPROXIMATELY 600 FEET NORTH OF
GULF-TO-BAY BOULEVARD AND 520 FEET WEST OF U.S.
HIGHWAY 19 NORTH, CONSISTING OF A PORTION OF
SECTION 18, TOWNSHIP 29 SOUTH, RANGE 16 EAST, WHOSE
POST OFFICE ADDRESS IS 101 SOUTH OLD COACHMAN
ROAD, FROM OFFICE (0) 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 OFTHE CITY OF
CLEARWATER, FLORIDA:
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Section 1. The following described property in Clearwater, Florida, is hereby rezoned, and
the zoning atlas of the City is amended as follows:
Property
See legal description attached hereto
Zoninq District
From: Office (0)
(2 02-01-01)
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.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Brian J. Aungst
Mayor-Commissioner
Approved as to form:
Attest:
L
Leslie K. Dougall-Sid~
Assistant City Attorney
Cynthia E. Goudeau
City Clerk
Ordinance No. 6953-02
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Legal Description - Ordinance No. 6953-02
Lot 1, POST COURT, according to the plat thereof as filed in Plat Book 107, Page 65 of
the Public Records of Pinellas County, Florida. Being formerly described as follows:
Commence at the Northeast corner of Section 18, Township 29 South, Range 16 East,
also being the Point of Intersection of the centerlines of Drew Street (C.R. No. 528) and
U.S. Highway 19 (S.R. 55); thence traverse North 89039'14" West, along the aforesaid
centerline of Drew Street, also being the Northerly boundary line of the aforesaid
Section 18, 100.02 feet, to a Point of Intersection with the extension of the Westerly
right-of-way of U.S. Highway 19; thence South 01003'04" West along said Westerly
right-of-way line and its extension, 420.63 feet; thence North 89040'58" West, leaving
said right-of-way line along the Southerly boundary line of Lot 2-A, CAMPUS WALK, as
recorded in Plat Book 95, Page 66 of the Public Records of Pinel/as County, Florida,
600.06 feet for the Point of Beginning; thence South 01003'04" West, leaving said
Southerly boundary line, 920.00 feet; thence South 89040'58"Est, 82.00 feet; thence
South 01003"04' West, 690.88 feet; thence North 89042'43" West, 462.85 feet to the
Easterly boundary line of a Florida Power right-of-way, as recorded in Official Record
Book 1450, Page 150 of the Public Records of Pinellas County, Florida; thence North
00041"18" East along said Easterly boundary line 1611.01 feet to a Point of Intersection
with the aforesaid Southerly boundary line of Lot 2-A, CAMPUS WALK; thence South
89040'58" East along said Southerly boundary line 391.05 feet to the Point of Beginning,
LESS the northerly 920 feet.
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PIN: 18/29/16/72694/000/0010
ATLAS 290B
PAGE:
Ordinance No.6953-02
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CASE: Z 02- 01- 01
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PROPERTY SIZE (ACRES): 7.7
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CDB Meeting Date: March 19. 2002
Case No.: Z 02-01-01
Agenda Item No.: D-3
CITY OF CLEARWATER
PLANNING DEPARTMENT
STAFF REPORT
GENERAL INFORMATION
OWNER:
REPRESENTATIVE:
LOCATION:
REQUEST:
PIN:
SITE INFORMATION
PROPERTY SIZE:
Post Court
KeithW. Bricklemyer
101 South Old Coachman Road
Generally located on the east side of Old Coachman Road,
approximately 600 feet north of Gulf-to-Bay Boulevard & 520 feet
west of U.S. 19 North.
To rezone from the Office (0) District to the MediUlTI Density
Residential (MDR) District.
18/29/16/72694/000/0010
336,000 square feet or 7.7 acres
PROPERTY DIMENSION: 480 feet wide by 700 feet depth m.o.l.
PROPERTY USE:
Current Use:
Proposed Use:
PLAN CATEGORY:
Current Category:
Proposed Category:
ZONING DISTRICT:
Current District:
Proposed District:
.'...r....,>,.;~~..~,(I".,\\,; ~w.,..,~ ,.;~..:.""~',.... ..i-;'" '..' . "
Multi-family residential (108 units)
Multi-family residential (108 units)
Residential/Office General
Residential/Office General
Office (0)
Medium Density Residential (MDR)
EXISTING
SURROUNDING USES:
North:
South:
East:
West:
Multi-family residential
Place of worship
Ovenlight accommodation
Florida Power right-of-way
ANAL YSIS
Introduction:
The subject property is located on the east side of Old Coachman Road, approximately 600 feet
north of Gulf-to-Bay Boulevard and 520 feet west of U. S. 19 North. The site is approxinlately 7.7
acres in area and is developed with a 108 unit multi-family residential development in four three-
story buildings. When the property was developed in 1987, it was zoned Limited Office (OL) and
the development was conforming. When the new Community Development Code was adopted in
1999, this property's zoning designation was changed to the Office (0) District. The Office (0)
zoning district does not permit multi-family development outside a mixed use development,
therefore, the existing facility (Post Court Apartment Complex) is a legal non-conforming use.
The applicant is requesting a rezoning from the Office (0) zoning district to the Medium Density
Residential (MDR) zoning district in order to bring this existing use into confOlmity with the
Community Development Code. Currently, the subject site has a Future Land Use Plan
designation of Residential/Office General. The proposed MDR zoning is consistent with this plan
category. This zoning district permits 15 dwelling units per acre and the site is developed at 14
units per acre. The applicant owns a multi-family residential complex immediately adjacent to the
north of the subject property which is also zoned MDR. The proposed rezoning will bring the
applicant's entire property under the same zoning district.
Z 02-01-01
2
A. CONSISTENCY WITH CITY'S COMPREHENSIVE PLAN [Section 4-602.F.l]
The applicable Goals, Objectives and Policies from the Clearwater Comprehensive Plan in support
of the proposed rezoning are found in the Land Use and Housing Elements of the City
Comprehensive Plan as indicated below:
· Vacant developable land in Clearwater has been reduced from approximately 1,034 acres in
1989, to approximately 600 acres in 1996. Most of these parcels are less than one acre in
size. Infill development, urban conservation, and urban renewal strategies will continue to
be predominate in implementing Clearwater's plan.
2.1
Objective - The City of Clcmwater shall continue to support innovative planned
development and mixed land use development techniques in order to promote infill
development that is consistent and compatible with the surrounding environment.
2.4 Objective - Compact urban development within the urban service area shall be
promoted through application orthe Clearwater Community Development Code.
13.1.1. Policy - Maintain sufficient residentially zoned acreage, of varying densities and
locations, to accommodate the existing and future housing needs of the City of
Clemwater.
The ClealWater Comprehensive Plan and the Countywide Plan designates the site as
Residential/Office General. The intent of this designation is to depict those areas of the County
that are now developed or appropriate to be developed, in an office and/or medium density
residential use; and to recognize such areas as primarily well-suited for mixed use of an
office/residential character consistent with the surrounding uses, transportation facilities and
natural resource characteristics of such areas.
The primary uses in this plan category are residential and office uses while the secondary uses
include residential equivalent, institutional, transportation/utility, public educational facility,
personal service/office support, ancillary non-residential and recreation/open space.
,
The applicant does not propose to change the Residential/Office General plan category. The
proposed MDR zoning district is consistent with the Residential/Office General Land Use Plan
category, which permits a maxinlum density of 15 dwelling units per acre. It is also consistent in
terms of the uses it permits, which include: community residential homes (up to 6 residents),
detached dwellings, attached dwellings, community residential homes (up to 14 residents), schools
and utility/infrastructure facilities.
Z02-01-01
3
In summary, the proposed rezoning is consistent with the City's Comprehensive Plan both in the
future land use map and the goals and policies of the plan.
B. COMPATIBILITY WITH SURROUNDING PROPERTY [Section 4-602.F.2]
The subject site is bordered to the south and west by Institutional (I) zoning. The property to the
north is zoned Medium Density Residential (MDR), and the property to the east is zoned
Commercial (C). The proposed MDR zoning district permits residential and non-residential
equivalent U!:ies that are compatible with the surrounding zoning classifications, as well as the
existing use.
C. CHARACTER OF THE CITY AND NEIGHBORHOOD [Section 4-602.F.3]
A mix of uses characterizes this neighborhood. Surrounding uses include multi-family residential,
overnight accommodations, place of worship, single family residential within 100 feet of the site
and a Florida Power right-of-way. The proposed rezoning will be compatible with the surrounding
uses and will not adversely or unreasonably affect the use of other property within the vicinity.
The existing multi-family units have been operating compatibly with the existing surrounding uses
since 1987.
D. CONSISTENCY WITH THE COMMUNITY ))EVELOP~IENT COnE ANn CITY
REGULATIONS
Multi-family dwellings are pemlitted within the Medium Density Residential District provided all
dimensional requirements are met. The Community Development Code permits either attached or
detached dwellings in the MDR zoning district. A minimum lot area of 10,000 square feet and a
lot width of 100 feet is required for attached dwellings. The subject property has a lot area of 7.7
acres or 336,000 square feet and a lot width of 480 feet which exceeds the minimum lot area and
lot width requirements for the MDR zoning district. Moreover, a review of the survey indicates
that the site and buildings meet the dimensional requirements of the MDR zoning district.
E. SUFFICIENCY OF PUBLIC FACILITIES [Section 4-602.F.5]
The subject site is approximately 7.7 acres and would allow for 115 dwelling units based on a
maximum density of 15 dwelling units per acre in the current Residential/Office General Plan
category. The existing site is presently developed with 108 units which is less than what is
permitted under the current land use plan category. Residential equivalent uses can not exceed an
equivalent of 2.0 to 3.0 beds per pennitted dwelling unit at 15 dwelling units per acre. No use in
this proposed zoning district is permitted to exceed a floor area ratio (FAR) of .50 or an
impervious surface ratio (lSR) of .75.
Roadways
The current level of service (LOS) for Old Coachman Road is LOS "B." Since no new use or
additional development is planned for this property and no change is proposed in the underlying
land use designation, the proposed rezoning will not degrade the City's current LOS.
Z 02-01-01
4
Mass Transit
The Citywide LOS for mass transit will not be affected by the rezoning. The total miles of fixed
route service will not change. The subject site is located within ~ 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 Old Coachman Road.
Water
The City of Clearwater has been providing water service to the existing property since 1987 and
will continue to do so. The proposed rezoning will not affect the City's current LOS for water
since there is excess capacity.
Wastewater
The proposed rezoning will not add any additional gallons of.wastewater to the existing demand.
The proposed rezoning will not affect the City's current LOS for wastewater since there is excess
capacity.
. " . ,. .' \..... ' . . " I. ~ I' I ' "''''.:' .
Solid Waste
Under the proposed zoning district, there would be no additional solid waste generated per year on
this existing use. The proposed amendment will not affect the City's current LOS for solid waste
disposal since there is excess capacity.
Recreation and Open Space
There would be no increase to the existing pennitted density, therefore the proposed rezoning will
not impact the LOS of recreational acreage or facilities.
F. LOCATION OF DISTRICT BOUNDARIES [Section 4-602.F.6]
The location of the proposed Medium Density Residential (MDR) zoning district is cotem1inous
with the underlying Future Land Use Plan of Residential/Office General (RlOG). The boundaries
are logical and the proposed district is compatible with the surrounding uses in the area. The
district boundaries are appropriately drawn in regard to locations and classifications of streets,
ownership lines and existing improvements.
G. CODE ENFORCEMENT ANALYSIS:
There are no current code enforcement violations or any code enforcement history on this site.
SUMMARY AND RECOMMENDATIONS
The proposed Medium Density Residential (MDR) zoning district is consistent with the City
Comprehensive Plan, is compatible with the surrounding area, does not conflict with the needs and
character of the neighborhood and City, does not require nor affect the provision of the public
services, and the boundaries are appropriately drawn.
The Planning Department recommends APPROVAL of the following action on this application:
1. Amend the zoning district designation of the subj ect property located at 101 South
Old Coachman Road from Office (0) to Medium Density Residential (MDR).
Attacbments
Application
Aerial Photograph of Site and Vicinity
Existing Surrounding Uses
Z 02-01-01
5
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PROPOSED REZONING
OWNER:
Post Court
CASE: Z 02- 01- 01
PROPERTY SIZE (ACRES): 7.7
SITE:
101 South Old Coachman Road
ZONING
Office (0)
Medium Oen.lty Residential (MDR)
PIN: 18/29/16/72694/000/0010
ATLAS 2908
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S OWNER:
SITE:
Post Court
CASE Z 02-01-01
PROPERTY SIZE (ACRES): 7.7
101 South Old Coachman Road
ZONING
Office (0)
Density Residential (MDA)
PIN: 18/29/16/72694/000/0010
ATLAS 290B
PAGE:
FROM:
TO: Medium
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Clearwater City C01111nission
Agenda Cover Melnoranduln
Work session Item #: ~
Final Agenda Item # 1
Meeting Date:
4-18-02
SUBJ ECT/RECOMMENDA TION:
. Petition for Annexation, Land Use Plan and Zoning Atlas Amendments for 3010 Grandview
Avenue (Lot 11, and a portion of Lot 12, Kapok Terrace in Section 09, Township 29 South,
Range 16 East); Owners: Thao Nguyen and Vui Nguyen.
MOTION: APPROVE the Petition for Annexation, Land Use Plan Amendment from County
Residential Low to City Residential Low and Zoning Atlas Amendment from County Zoning
Residential, Single Family District (R-3) to City Low Medium Density Residential (LMDR) Zoning
District for 3010 Grandview Avenue (Lot 11 and a portion of Lot 12, Kapok Terrace in Section 09,
Township 29 South, Range 16 East) and PASS Ordinances #6950-02, #6951-02 & #6952-02 on
first reading. (ANX 02-01-01)
IE and that the appropriate officials be authorized to execute same.
SUMMARY:
This site is located at 3010 Grandview Avenue on the north side of Grandview Avenue, approximately 940
feet west of McMullen Booth Road and 150 feet east of Bayview Avenue. The subject property is
approximately 0.17 acres in area and it is currently vacant. The purpose of this annexation is to enable the
applicants to receive City sanitary sewer and water services so they can construct a single-family dwelling.
The closest sewer line is located in the right-of-way along Grandview Avenue and the capacity for the
project is available for these utilities. The applicants have paid the required sewer and water impact fees
and are also aware of the additional cost to extend sewer and water services to the property. A Future
Land Use Plan designation of Residential Low is proposed along with a zoning category of Low Medium
Density Residential (LMDR).
The Planning Department determined that the proposed annexation is consistent with the following
standards specified in the Community Development Code:
..
. The proposed annexation will not have an adverse impact on public facilities and their level of
service.
Reviewed by:
legal ~
Budget N/A
Info Srvc N/A
Costs
Total
Purchasing I N/A
Public N/A
Works
DCM/ACM ~
Other
Funding Source:
Current
FY
CI
Risk Mgmt N/A
Submitted by:
City Manager
Printed on recycled paper
2/98
Attachments
ORDINANCES NOS. 6950-02,
6951-02 & 6952-02
STAFF REPORT
OP
Other
. it
o None
A ro riation Code:
Rev.
· The proposed annexation is consistent with the City's Comprehensive Plan, the Countywide Plan
and the Community Development Code.
· The proposed annexation is contiguous to existing municipal boundaries, represents a logical
extension of the boundaries and does not create an enclave.
This annexation has been reviewed by the Pinellas Planning Council (PPC) and Pinellas County staff
according to the provisions of the County Ordinance No. 00-63, Section 7(1-3), and no objections have
been received from these offices.
The Planning Department determined that the proposed land use plan amendment and rezoning
applications are consistent with the following standards specified in the Community Development Code:
· The proposed land use plan amendment and rezoning application are consistent with the
Comprehensive Plan.
· The potential range of uses and the specific proposed use are compatible with the surrounding
area.
?
. Sufficient public facilities are available to serve the property.
· The applications will not have an adverse impact on the natural environment.
Please refer to the attached report for the complete staff analysis.
The Community Development Board reviewed these applications at its regularly scheduled meeting of
March 19, 2002 and unanimously recommended approval.
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ORDINANCE f'.tQ._~.~.$O-Q2
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA.
ANNEXING CERTAIN REAL PROPERTY LOCATED ON THE
NORTH SIDE OF GRANDVIEW AVENUE, APPROXIMA TEL Y150
FEET EAST OF BAYVIEW AVENUE, CONSISTING OF LOT 11
AND A PORTION OF LOT 12, KAPOK TERRACE I N SECTION 09,
TOWNSHIP 29 SOUTH, RANGE 16 EAST, WHOSE POST
OFFICE ADDRESS IS 3010 GRANDVIEW AVENUE, INTO THE
CORPORATE LIMITS OF THE CITY, AND REDEFINING THE
BOUNDARY LINES OF THE CITY TO INCLUDE SAID ADDITION;
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the owner of the real property described herein and depicted on the map
attached hereto as Exhibit A has petitioned the City of Clearwater to annex the property into the
City pursuant to Section 171.044, Florida Statutes, and the City has complied Wth all applicable
requirements of Florida law in connection with this ordinance; now, therefore,
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. The following-described property is hereby annexed into the City of Clearwater
and the boundary lines of the City are redefined accordingly:
The West 60 feet of Lot 11, and the East 15 feet of Lot 12 in Block G, Kapok
Terrace, as recorded in Plat Book 36, Pages 14 - 15, Public Records of Pinellas
County, Florida. (ANX 02-01-01)
Section 2. The provisions of this ordinance are found and determined to be consistent
with the City of Clearwater Comprehensive Plan. The City Commission hereby accepts the
dedication of all easements, parks, right&of-way and other dedications to the public, which have
heretofore been made by plat, deed or user within the annexed property. The City Engineer, the
City Clerk and the Planning Director are directed to include and show the property described
herein upon the official maps and records of the City.
Section 3. This ordinance shall take effect immediately upon adoption. The City Clerk
shall file certified copies of this ordinance, including the map attached hereto, with the Clerk of the
Circuit Court and with the County Admiristrator of Pinellas County, Florida, within 7 days after
adoption, and shall file a certified copy with the Florida Department of State within 30 days after
adoption. '
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Brian J. Aungst
Mayor-Com missioner
Approved as to form:
Attest:
Cynthia E. Goudeau
City Clerk
Ordinance No. 6950-02
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PROPOSED ANNEX A TION AND ZONING CLASSIFICA TION
OWNER: Thao Nguyen and Vui Nguyen CASE ANX 02-01-01
81 T E: -~-=-3 010, Gr a nd v i'~ wAve n ~;;__.~=~=~~=~I~~Ro-~~~~_T~~-_si~~..~('~?_~..~.~~=~.17 __ ,_____
ZONING LAND USE
R-3 / County Residential Low
LMDR Residential Low
PIN: 09/29/16/45126/007/0110
FROM:
TO:
ATLAS 283A
PAGE:
Exhibit "A"
Ordinance No. 6950-02
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QB.DJNANCE ~Q._Ei951-02
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA.
AMENDING THE FUTURE LAND USE PLA,r" ELEMENT OF THE
COMPREHENSIVE PLAN OF THE CITY, TO DESIGNATE THE
LAND USE FOR CERTAIN REAL PROPERTY LOCATED ON THE
NORTH SIDE OF GRANDVIEW AVENUE, APPROXIMATELY 150
FEET EAST OF BAYVIEvV AVENUE, CONSISTING OF LOT 1'1
AND A PORTION OF LOT 12, f<APOK TERRACE IN SECTION 09,
TOWNSHIP 29 SOUTH, RANGE 16 EAST, WHOSE POST
OFFICE ADDRESS IS 3010 GRANDVIEW AVENUE, UPON
ANNEXATION INTO THE CITY OF CLEARWATER, ~
RESIDENTIAL LOW; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the amendment to the future land use plan element of the comprehensive plan
of the City as set forth in this ordinance is found to be reasonable, proper and appropriate, and is
consistent with the City's comprehensive plan; now, therefore,
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. The future land use plan element of the comprehensive plan of the City of
Clearwater is amended by designating the Imd use category for the hereinafter described
property, upon annexation into the City of Clearwater, as follows:
Pro~
The West 60 feet of Lot 11, and the East 15 feet
of Lot 12 in Block 8, Kapok Terrace, as recorded
in Plat Book 36, Pages 14 - 15, Public Records
of Pinellas County, Florida. (ANX 02-01-01)
Land Use Cateqory
Residential Low
Section 2. The City Commission does hereby certify that this ordinance is consistent
with the City's comprehensive plan.
Section 3. This ordinance shall take effect immediately upon adoption, contingent upon
and subject to the adoption of Ordinance No. 6950-02, and subject to the approval of the land
use designation by the Pinellas County Board of County Commissioners, and subject to a
determination by the State of Florida, as appropriate" of compliance with the applicable
requirements of the Local Government Comprehensive Planning and Land Development
Regulation Act, pursuant to ~ 163.3189, Florida Statutes.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Brian J. Aungst
Mayor-Commissioner
Attest:
Cynthia E. Goudeau
City Clerk
Ordinnnce No. 6951-02
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COUNTYWIDE FUTURE LAND USE PLAN MAP
Thao Nguyen and Vul Nguyen
CASE ANX 02- 01- 01
I PROPERTY SIZE (ACRES): 0.17
..-L_
LANO USE
R.lldenlll' Low
OWNER:
SITE:
3010 Grandview Avenue
ZONING
R- 3 / County
LMDR
PIN:
09/29/16/45128/007/0110
FAOM:
TO:
ATLAS
PAGE:
283A
R.aldenlll' Low
Ordinance No. 6951-02
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QRDINANQ.~_.NQL 6~~~.-O:z.
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
AMENDING THE ZONING ATLAS OF THE CITY BY ZONING
CERTAIN REAL PROPERTY LOCATED ON THE NORTH SIDE
OF GRANDVIEW AVENUE, APPROXIMATELY 150 FEET EAST
OF BAYVIEW AVENUE, CONSISTING OF LOT 11 AND A
PORTION OF LOT 12, KAPOK TERRACE IN SECTION 09,
TOWNSHIP 29 SOUTH, RANGE 16 EAST, WHOSE POST
OFFICE ADDRESS IS 3010 GRANDVIEW AVENUE, UPON
ANNEXATION INTO THE CITY OF CLEARWATER, AS LOW
MEDIUM DENSITY RESIDENTIAL (LMDR); PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the assignment of a zoning district classification as set forth in this ordinance
is found to be reasonable, proper and appropriate, and is consistent with the City's comprehensive
plan; now, therefore,
BE IT ORDAINED BY THE CrT'( COMMISSION OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. The following described property located in Pinellas County, Florida, is hereby
zoned as indicated upon annexation into the City of Clearvvater, and the zoning atlas of the City is
amended, as follows:
Property
The West 60 feet of Lot 11 , and the East 15 feet
of Lot 12 in Block G, Kapok Terrace, as recorded
in Plat Book 36, Pages 14 - 15, Public Records
of Pinellas County, Florida. (ANX 02-01-01)
Zoninq District
Low Medium Density Residential
(LMDR)
Section 2. The City Engineer is directed to revise the zoning atlas of the City in
accordance with the foregoing amendment.
Section 3. This ordinance shall take effect immediately upon adoption, contingent upon
and subject to the adoption of Ordinance No. 695Q.02.
PASSED ON FIRST READING
PASSED ON SECOND AND FI NAL
READING AND ADOPTED
Brian J. Aungst
Mayor-Commissioner
Approved as to form:
Attest:
Cynthia E. Goudeau
City Clerk
Ordinance No. 6952-02
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OWNER: Thao Nguyen and Vui Nguyen CASE ANX 02- 01- 01
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ZONING LAND USE
R-3 I County Residential low
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PIN: 09/29/16/45126/007/0110
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Ordinance No. 6952-02
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CDB Meeting Date: March 19. 2002
Case No. ANX 02-01-01
Agenda Item: D-2
CITY OF CLEARWATER
PLANNING DEPARTMENT
ST AFF REPORT
BACKGROUND INFORMATION:
OWNERS:
Thao Nguyen & Vui Nguyen
LOCATION:
3010 Grandview Avenue, on the north side of Grandview
Avenue, approximately 150 feet east of Bayview Avenlle
and 940 feet west of McMullen Booth Road.
REQUEST:
To annex the property into the City of Clearwater at the
request of the property owners and approve the appropriate
City land use plan category and zoning district.
SITE INFORMATION:
PROPERTY SIZE:
7, 354.9 square feet or 0.17 acres
DIMENSIONS OF SITE: 75.05 feet wide by 98 feet deep
PROPERTY USE:
Current Use:
Proposed Use:
Vacant lot
Single family residential
PLAN CATEGORY:
Current County Plan Category:
Proposed City Plan Category:
Residential Low
Residential Low
ZONING DISTRICT:
Current County Zoning District: Residential, Single Family District (R-3)
Proposed City Zoning District: Low Medium Density Residential (LMDR)
EXISTING SURROUNDING USES:
North: Lake Louise
West: Single family
East: Single family
South: Single family
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2
ANAL YSIS:
The subject property is located at 3010 Grandview Avenue on the north side of
Grandview Avenue, approximately 150 feet east ofBayview Avenue and 940 feet \vest of
McMullen Booth Road. The applicants are requesting this annexation in order to receive
City sewer and water services. This property is contiguous with the existing City
boundaries to the west and south, therefore, the proposed annexation is consistent with
Florida Statutes with regard to voluntary annexation. The subject site is currently vacant.
The applicants propose to construct a single family dwelling 011 this site. It is proposed
that the property have a Future Land Use Plan designation of Residential Low and a
zoning category of Low Medium Density Residential (LMDR).
A. IMPACT ON CITY SERVICES:
Water and Sewer:
Both water and sewer services will be provided by the City of Clearwater and capacities
for the project are available for these utilities. The closest sewer line is located in the
right-of-way along Grandview Avenue. The applicants paid the sewer impact fee of
$900.00 on January 22, 2002. The applicants are aware that they are responsible for the
additional cost to extend sewer service to the property and for the utility deposit for the
proposed new home.
Solid Waste:
Collection of solid waste will be provided by the City of Clearwater. The City has an
interlocal agreement with Pinellas County to provide for the disposal of solid waste at the
'County's Resource Recovery Plant and capacity is available to serve the property.
Police:
The property is located within the East Police District and service will be administered
through the District 3 Substation located at 2851 McMullen Booth and County Road 580.
There are currently 52 patrol officers and 6 patrol sergeants assigned to this district.
Community policing service will be provided through the City's zone system and officers
in the field. The Police Department has stated that it will be able to serve this property
and the annexation will not adversely affect police service and response time.
Fire and Emergency Medical Services:
Fire and emergency medical services will be provided to the property by Station #48
located at 1700 North Belcher Road. The Fire Department will be able to serve this
property and the annexation will not adversely affect fire and EMS service and response
time.
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3
In summary, the proposed annexation will not have an adverse effect on public facilities
and their level of service.
B. CONSISTENCY WITH THE CITY'S COMPREHENSIVE PLAN:
The Pinellas County Conlprehensive Plan and the Countywide Plan designates the site as
Residential Low. The intent of the Residential Low designation is to recognize areas
where use and development characteristics are low density residential in nature.
Residential uses are the primary uses in this plan category up to a maximum density of 5
dwelling units per acre. Other pennissible uses in the Residential Low plan category
include Public/Senli-Public uses, schools, ancillary non-residential and Recreation/Open
Space uses.
The annexation does not propose to change the Residential Low plan category and the
proposed use is consistent with the uses and density of this plan category. Further, the
annexation promotes infill development as stated in Objective 2.4 of the Clearwater
Future Land Use Plan:
Objective - In considering extension of service and facilities, Clearwater shall actively
encourage infill development.
In summary, the proposed annexation is consistent with the City's Comprehensive Plan
both in the Future Land Use Map and the goals and policies of the Plan.
C. CONSISTENCY OF DEVELOPMENT WITH COMMUNITY
DEVELOMENT CODE AND CITY REGULATIONS:
As stated earlier, the application for annexation involves a vacant lot which the applicants
intend to develop with a detached single fatuily dwelling. The property is 75.05 feet in
width and 7,354 square feet in lot area. The appropriate zoning district under the
Community Development Code is the Low Medium Density Residential (LMDR)
District. Under the current LMDR zoning district provisions, a minimum lot width of 50
feet and a minimum lot area of 5,000 square feet are required.
The subject property exceeds the minimum dimensional requirements of a standard
development in the LMDR District and is therefore consistent with the Community
Development Code.
D. CONSISTENCY WITH THE COUNTYWIDE PLAN:
There is no change requested in the Comprehensive Plan categories of the site, which will
remain Residential Low with a maximum density of 5 units per acre for the Residential
Low plan category. This annexation requires a review by the PineIlas Planning Council
(PPC) and Pinellas County pursuant to the PineIlas County charter amendment approved
by referendum on November 7, 2000. The PPC and County staff have reviewed this
annexation and have no objections.
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4
E. CONSISTENCY WITH FLORIDA LAW:
Florida Statutes require that a proposed annexation be both contiguous with the existing
municipal boundaries and compact in its concentration (Florida Statutes Chapter 171).
This property is contiguous with the existing City boundaries to the west and south and
represents a logical extension of the existing boundaries. The compactness standard of
Florida law requires that the annexation does not create an enclave or a serpentine pattern
of municipal boundaries. The annexation of this property is consistent with this standard
and no new enclave will be created by annexation of this property. In summary, the
annexation of this property is consistent with Florida law.
F. CODE ENFORCEMENT ANAI.JYSIS:
There are no current code enforcement violations or any code enforcement history on this
site which is currently vacant.
SUMMARY AND RECOMMENDATIONS:
The proposed annexation can be served by City of Clearwater services, including sewer,
water, solid waste, police, fire and emergency medical services without any adverse
effect on the service level. The applicants have paid the applicable sewer impact fee of
$900.00 and are also aware of the additional cost to connect the property to the City
sewer system.
The proposed annexation and the proposed development are consistent with both the
City's Comprehensive Plan and the Countywide Plan both with regard to the Future Land
Use Map as well as goals and policies. The future use of this site as a single family home
is consistent with the LMDR zoning district. Finally, the proposed annexation is
consistent with Florida law regarding municipal annexation through its adjacency with
existing City boundaries and is compact in concentration.
Based on the above analysis, the Planning Department recommends the following actions
on the request:
Recommend APPROVAL of the annexation of the property located at 3010 Grandview
A venue with the condition that all new construction meet the requirements of the
Clearwater Community Development Code.
Recommend APPROVAL of the Residential Low plan category pursuant to the City's
Comprehensive Plan.
Recommend APPROVAL of the Low Medium Density Residential (LMDR) Zoning
District pursuant to the City's Community Development Code.
, , .' ... I . . . . f' I
5
Prepared by:
~.'~>+'
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tim S. Odoh
Senior Planner
Attachments
Application
Aerial Photograph of Site and Vicinity
Location Map
Surrounding Uses Map
Land Use Map
Proposed Annexation and Zoning Classification
Site Photographs
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Clearwater City Commission
Agenda Cover Memorandum
Worksession Item #
PLD ?J
~
Final Agenda I tcm #
Meeting Datc
04-1 8-02
SUBJECTIRECOMMENDA TION:
Amendments to the Community Development Code
MOTION: APPROVE text anlendments to the Community Development Code and PASS Ordinance
No. 6928-02 on first reading.
D and that the appropriate officials be authorized to execute same.
SUMMARY: A list of the proposed amendments to the Community Development Code was first 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.
The Commission deferred action on the ordinance at the February 21, 2002 meeting so the Planning
Department could provide additional information on several proposed provisions in the ordinance. At the
April 1, 2002 Worksession, the Commission reviewed those items that remained from the February 21, 2002
meeting. The Commission discussed portable storage units, sign height, and vending machine signage. The
Commission requested further information regarding portable storage units and signage.
The Community Development Board (CDB) held public meetings on February 19, 2002, and March 19, 2002
and a Worksession on the proposed ordinance on April 3, 2002. At the Worksession the CDB reached
consensus on limiting bay window extensions into required setbacks to 24 inches. The CDB requested further
clarification on the proposed Hearing Officer Appeal language, discussed proposed revisions to the nlaximum
sign area pennitted through the Comprehensive Sign program (see section 91 of the ordinance), and discussed
changing the proposed five (5) percent of building fa9ade maximum to six (6) percent for attached signage
(See attached Planning Department Staff Report). No consensus was reached on signage and the discussion on
signage will be continued at the April 16, 2002 CDB meeting.
Legal
Budget
Originating Department:
Planning ~ )
Gina L. Clayton --pv
User Department:/\/JI V
Planning ~
Costs:
Commission Action:
Reviewed
by:
Total
o Approved
o Approved with
Conditions
o Denied
o Continued to:
Purchasing N/A
Risk Mgmt. N/A
IS N/A
ACM N/A
Other N/A
Current Fiscal Year
Advertised:
Date:
Paper:
o Not Required
Funding Source:
o Capital Improvement:
o Operating:
o Other:
Attachments:
Planning Dept. Staff Report
Ordinance No.6928-02
Comprehensive List of
Code Amendments
Sign Graphics
Submitted
b~~
Appropriation Code
City Manager
o Printed on recycled paper
Affected Parties
o Notified
o Not Required
o None
S:\Planning Departrnent\2002 Code Amendments\] st reading 4-18-02 CC Cover Memo 6928-02.doc
. , , ' J '. ,J,. . ," , I '., I ,., .. . . . I I
Attached please find the following documents relating to the proposed mnendments to the Community
Development Code:
. Ordinance No. 6928-02.
. A comprehensive listing of all proposed amendments (List of Community Developtnent Code Issues).
. The Planning Department staff report and attachment that identifies revisions which have not been
incorporated into the ordinance pending direction from the City Commission.
. Photo illustrations representing current signage allowed, sigt1age allowed in compliance with the proposed
ordinance, and signage allowed under the Pinellas County sign code.
On March 7, 2002 the Pinellas Planning Council determined that the proposed amendments are consistent
with the Countywide Rules. The Community Development Board (CDB) will review the 'proposed
amendments at its regularly scheduled meeting on April 16, 2002. The Planning Department will report the
recommendations of the CDB at the City Commission meeting.
2
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Clearwater City Commission
Agenda Cover Ivlemorandum
W orksession Item #
PLD S
Final Agenda Iten1 #
Meeting Date
04-18-02
SUBJECTIRECOMMENDA TION:
Amendments to the Community Development Code
MOTION: APPROVE text amendments to the Community Development Code and PASS Ordinance
No. 6928-02 on first reading.
D and that the appropriate officials be authorized to execute same.
SUMMARY: A list of the proposed amendments to the Con1munity Development Code was first 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 replacenlent requirements.
Additionally, the Commission directed staff not to include certain amendments.
The Commission deferred action on the ordinance at the February 21, 2002 meeting so the Planning
Department could provide additional information on several proposed provisions in the ordinance. At the
April 1, 2002 Worksession, the Commission reviewed those items that remained from the February 21, 2002
meeting. The Commission discussed portable storage units, sign height, and vending machine signage. The
Commission requested further infonnation regarding portable storage units and signage.
The Community Development Board (CDB) held public meetings on February 19, 2002, and March 19, 2002
and a Worksession on the proposed ordinance on April 3, 2002. At the Worksession the CDB reached
consensus on limiting bay window extensions into required setbacks to 24 inches. The CDB requested further
clarification on the proposed Hearing Officer Appeal language, discussed proposed revisions to the maximum
sign area permitted through the COlnprehensive Sign program (see section 91 of the ordinance), and discussed
changing the proposed five (5) percent of building fayade maximum to six (6) percent for attached signage
(See attached Planning Department Staff Report). No consensus was reached on signage and the discussion on
signage will be continued at the April 16, 2002 CDB meeting.
Reviewed
by:
Legal
Budget
Purchasing N/A
Risk Mgmt. N/A
IS N/A
ACM N/A
Other N/A
Submitted
bB.:<< ~
City Manager
o Printed on recycled paper
Originating Department:
Planning (y../ )
Gina L. Clayton --pV'
User Department:~IJJ V
Planning ~
Costs:
Commission Action:
o Approved
Total 0 Approved with
Conditions
o Denied
Current Fiscal Year 0 Continued to:
Funding Source:
o Capital Improvement.
o Operating:
o Other:
Advertised:
Date:
Paper:
o Not Required
Attachments:
Planning Dept. Staff Report
Ordinance No.6928-02
Comprehensive List of
Code Amendments
Sign Graphics
Appropriation Code
Affected Parties
o Notified
o Not Required
o None
S:\Planning Department\2002 Code Amendments\lst reading 4-18-02 CC Cover Memo 6928-02.doc
I,
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CDB Meeting Date: April 16. 2002
Case: T A 02-01-01
Agenda Item: B-1
The Planning Department recommended that roof overhangs be limited to project 40%
into required setbacks. Discussion identified that balconies, decks, bay windows and
, . , similar features wereallowed,to.extend.30 inches into the required. setback., In areas that. "
have a 5-foot setback, the 30 inches would extend past the 40% roof overhang that is
proposed.
. . \- '., ,_' .t ......,'. '. t."
CITY OF CLEARWATER
PLANNING DEPARTMENT
STAFF REPORT
TEXT AMENDMENT
REQUEST: Amendments to the Community ~~yel~p~~,J.1t Code -
Ordinance No. 6928-02
INITIATED BY: City of Clearwater City Commission and Planning Department
UPDATE:
At the April 3, 2002 Community Development Board (COB) Worksession the following
issues were identified regarding the proposed amendments to the Community
Development Code.
ROOF' OVERHANG
The Community Development Board reached consensus that the permitted 3~-inch
extension into the required setback for roof overhangs be changed to 24 inches. This
change will keep roof overhangs, balconies, decks, bay windows and similar features
consistent within the code and provide for uniform enforcement throughout the city.
See attaclunent for the proposed language for Section 3-908.D.
HEARING OFFICER APPEAL PROCESS
The Community Development Board was provided the recommended changes from the
city legal department on the Hearing Officer Appeal process.
The CDB asked for clarification on why persons may comment as members of the public
at the appeal hearing. The CDB also requested further clarification as to the difference
between testimony that is not allowed and comment that is allowed by the public.
1
S:\Planning Departrnent\2002 Code Arnendments\April16 Staff report CDB - 6928-02.doc
04-5-02
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The Planning Staffwill contact the city legal staff for further clarification on these issues.
See attachment for the proposed language for the amendment to the Hearing Officer
Appeals procedure.
OTHER ISSUES REQUIRING FURTHER DISCUSSION
The following issues were identified for further discussion.
Comprehensive Sign Program
The Community Development Board discussed proposed revisions to the maximum sign
area permitted thrQugh the Comprehensive Sign program (see section 91 of the
ordinance). At the request of representatives from the Sembler Company, the CDB,
entertained a discussion about increasing the maximum permitted area proposed for
. attached signage from up to five (5) percent of the building fayade to six (6) percent.
The Board also had a lengthy discussion about sign needs for large parcels and whether
different sign size requirements should apply to parcels exceeding a certain size.
The two methods for calculating freestanding sign area was also discussed by the CDB.
The Sembler Company proposed eliminating the building fa~ade method and calculating
sign area only based on street frontage. The Board also discussed whether or not a
maximum size for freestanding signage should be imposed. No consensus was reached
on this issue.
Sandwich Board Shmage
. , The COB requested that the Planning Department consider allowing comrnerciaLareas, on., _
the beach to have sandwich board signs like those allowed in the Downtown zoning
district. The Planning Staff will include this issue in the next code update.
Planning Department Proposed Changes
Due to a conflict between window signage provisions, the Planning Department is
proposing to delete Section 3-1803.U, which prohibits temporary window signs in
residential districts. No changes are proposed to the other provision, Section 3-1805.Q,
which allows window signage of a certain size without regard to location. See the
attachment for the proposed revision.
The Planning Department has identified that the title of Section 45a of the proposed
Ordinance is incorrect. Instead of deleting Section 3-804.F. "in its entirety", the section
title should read, "is hereby amended as follows." See attachment for corrected title
language.
2
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04-5-02
The Planning Staffwill contact the city legal staff for further clarification on these issues.
See attachment for the proposed language for the amendment to the Hearing Officer
Appeals procedure.
OTHER ISSUES REQUIRING FURTHER DISCUSSION
The following issues were identified for further discussion.
Comprehensive Sign Program
The Community Development Board discussed proposed revisions to the maximum sign
area permitted thrQugh the Comprehensive Sign program (see section 91 of the
ordinance). At the request of representatives from the Sembler Company, the CDB.
entertained a discussion about increasing the maximum permitted area proposed for
attached signage from up to five (5) percent of the building fayade to six (6) percent.
The Board also had a lengthy discussion about sign needs for large parcels and whether
different sign size requirements should apply to parcels exceeding a certain size.
The two methods for calculating freestanding sign area was also discussed by the CDB.
The Sembler Company proposed eliminating the building fayade method and calculating
sign area only based on street frontage. The Board also discussed whether or not a
maximum size for freestanding sigrlage should be imposed. No consensus was reached
on this issue.
. , The COB requested,that the Planning Department consider allowing commercial.areas, on.,_
the beach to have sandwich board signs like those allowed in the Downtown zoning
district. The Planning Staff will include this issue in the next code update.
. '..:.. '. . ....
Sandwich Board Signage
Planning Department Proposed Changes
Due to a conflict between window signage provisions, the Planning Department is
proposing to delete Section 3-1803.U, which prohibits temporary window signs in
residential districts. No changes are proposed to the other provision, Section 3-1805.Q,
which allows window signage of a certain size without regard to location. See the
attachment for the proposed revision.
The Planning Department has identified that the title of Section 45a of the proposed
Ordinance is incorrect. Instead of deleting Section 3-804.F. "in its entirety", the section
title should read, "is hereby amended as follows." See attachment for corrected title
language.
2
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., .. ,
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BACKGROUND INFORMATION: ..- .
S:\Planning Department\2002 Code Amendments\April16 Staff report CDB - 6928-02.doc
04-5-02
At the February 19, 2002 nleeting, the Community Development Board deferred action
on the proposed amendments to the Community Development Code (Ordinance No.
6928-02) so the Planning Department could research several issues raised by the Board.
The City Commission also reviewed this proposed ordinance on February 21, 2002, and
deferred action Wltil additional information could be provided on several proposed
provisions in the ordinance.
Listed below are the issues that were identified through the meetings with the
Community Development Board, the City Commission, as well as Planning Department
review. Community Development Board issues are listed first, followed by City
Commission issues and finally Planning Department revisions. Each section identifies the
issues and the analysis section identifies what revisions were made.
COMMUNITY DEVELOPMENT BOARD ISSUES
The Community Development Board discussed and requested further information or
made specific requests on the following five issues:
. Final plat approval and issuance of building permits;
. Evidence presented during an Appeal Hearing;
. Setback measurements for non-vertical structures;
. Parking demand study requirements; and
. Roof overhang into required building setback.
ANALYSIS: .
,
After conducting the necessary research, the Planning Department is recommending
several revisions to proposed Ordinance No. 6928-02 to address the Board's concerns.
Several changes discussed by the Board, however, are not recommended by the Planning'
Department and have not been included in this ordinance. Please find below a discussion
of each issue.
1. Final Plat Approval and Issuance of Building Permits (Section 108, Section
109, Page 45 of proposed ordinance.)
The Planning Department is recommending to revise Code Section 4-702, which
regulates subdivision plats, to eliminate inconsistencies between Code Sections 4-702
and 4-708.C. regarding when a building pennit can be issued for property involving a
subdivision plat.
In response to concerns raised by the Board, the Planning Department is also
proposing to revise Code Section 4-708.C. which requires the recording of a final plat
prior to issuing any building pennits. The revision proposes to give authority to the
Community Development Coordinator to allow the issuance of certain types of
3
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permits such as demolition, site and utility after final plat approval but prior to final
plat recordation.
The Planning Staff researched 12 local jurisdictions in developing this reVISIon.
Those 12 jurisdictions included Pinellas County, Dunedin, Gulfport, Largo, Oldsmar,
St. Petersburg, St. Pete Beach, Treasure Island, Hillsborough County, Tampa,
Bradenton, and Boca Raton. Of the 12 local jurisdictions surveyed, only Largo allows
building permits to be issued before the final plat is recorded. See attachment for each
jurisdiction's requirement.
2. Evidence Presented during Hearing Appeal (Section 105, Page 44 of proposed
ordinance. )
The Board requested that no new evidence be allowed to be presented during an
appeal hearing so that the appeal would be based on the record and not be a new
hearing.
Preventing new evidence in the appeal hearing' is the same type of appeal hearing that
is conducted by the court system. The philosophy of the current code allows two
appeals from each level of approval. By requiring a hearing officer to perform the
same review of the record performed by the court, there is no need to have the
hearing officer appeal. Making this change would leave only one appeal and change
the philosophy of the Code.
The Planning and Legal Departments recommend that the original proposed
ordinance language not be revised so that the appeal process is maintained at the local
. level and the philosophy,ofthe code is:upheld. . "-'.',
. '...~.. .. . . . .....
, ..~.. . ..' . ~
3. Setback Measurements for Non-Vertical Structures (Not within proposed
ordinance)
The Community Development Board discussed the issue of how setbacks are
measured for non-vertical structures (such as brick pavers and parking lots). Concern
was raised that pavement, pool decks, etc. must comply with building and/or
accessory structure setbacks and this is too restrictive. The Board suggested in the
alternative to establish a percentage of the setback that must be landscaping. This
issue was not addressed in the original proposed Ordinance No. 6929-02.
The Planning Department recommends maintaining the current method for measuring
setbacks. As the City continues to redevelop, this method will ensure a consistent
width of landscaping and open space within the required setbacks. This is
particularly important in a redeveloping community because it will create a
predictable vista along the roadways, which will enhance community aesthetics and it
will also provide adjacent properties with a predictable area of open and green space.
4
S:\Planning Department\2002 Code Amendments\April16 Staff report CDB - 6928-02.doc
04-5-02
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pennits such as demolition, site and utility after final plat approval but prior to final
plat recordation.
The Planning Staff researched 12 local jurisdictions in developing this reVISIon.
Those 12 jurisdictions included Pinellas County, Dunedin, Guliport, Largo, Oldsmar,
St. Petersburg, St. Pete Beach, Treasure Island, Hillsborough County, Tampa,
Bradenton, and Boca Raton. Of the 12 local jurisdictions surveyed, only Largo allows
building permits to be issued before the final plat is recorded. See attachment for each
jurisdiction's requirement.
2. Evidence Presented during Hearing Appeal (Section 105, Page 44 of proposed
ordinance. )
The Board requested that no new evidence be allowed to be presented during an
appeal hearing so that the appeal would be based on the record and not be a new
hearing.
Preventing new evidence in the appeal hearing is the same type of appeal hearing that
is conducted by the court system. The philosophy of the current code allows two
appeals from each level of approval. By requiring a hearing officer to perform the
same review of the record performed by the court, there is no need to have the
hearing officer appeal. Making this change would leave only one appeal and change
the philosophy of the Code.
0'" . l~'.' ...., .
The Planning and Legal Departments recommend that the original proposed
ordinance language not be revised so that the appeal process is maintained at the local
, level and. the philosophy. of the code is"upheld. . , ,. ,.,....".. ',' .. .,C.. ......,..:". ...". ..'
3. Setback Measurements for Non-Vertical Structures (Not within proposed
ordinance)
The Community Development Board discussed the issue of how setbacks are
measured for non-vertical stmctures (such as brick pavers and parking lots). Concern
was raised that pavement, pool decks, etc. must comply with building and/or
accessory stmcture setbacks and this is too restrictive. The Board suggested in the
alternative to establish a percentage of the setback that must be landscaping. This
issue was not addressed in the original proposed Ordinance No. 6929-02.
The Planning Department recommends maintaining the current method for measuring
setbacks. As the City continues to redevelop, this method will ensure a consistent
width of landscaping and open space within the required setbacks. This is
particularly important in a redeveloping community because it will create a
predictable vista along the roadways, which will enhance community aesthetics and it
will also provide adjacent properties with a predictable area of open and green space.
4
S:\Planning Department\2002 Code Amendments\April16 Staff report CDB - 6928-02.doc
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To avoid any possible confusion to the public, the Plam1ing Department has already
revised its notices to surrounding property owners distinguishing between a setback
reduction for a building and for a setback reduction for paving/parking
4. Parking Demand Study (Section 62, Page 35 of proposed ordinance.)
The Community Development Board noted it was not clear who IS required to
conduct a parking demand study and when such study is required.
S:\Plarming Department\2002 Code Amendments\ApriJ 16 Staff report CDB - 6928-02.doc
04-5-02
The Planning Department has revised proposed Code Section 3-1401. C clarifying that
the Community Development Coordinator may require an applicant to prepare a
parking demand study in conjunction with a request for deviations to the required
parking standards. '
5. Roof Overhang (Section 49, Page 31 of the proposed ordinance.)
Based on concerns raised by the Board that a 30" roof overhang is too limiting and
did not relate to existing and previous code requirements, the Planning Department is
proposing to identify roof overhangs and eaves within Section 3-908.A.that allows
for building proj ections to extend 40% into the required setback or 10 feet whichever
is less. In the "C", "T" and ''D'' districts building projections are allowed to extend 10
feet into required setback. This change will make roof overhangs and eaves consistent
with existing and previous code requirements.
CITY COMMISSION ISSUES
The City Commission discussed and made recommendations on ~hree issues.found in.the"
proposed Ordinance No. 6928-02 at the February 18, 2002 Commission workshop and
the February 21, 2002 public meeting. Those issues included the following:
. Portable storage units and length of time that they would be allowed to placed on
property during emergency repairs;
. Signs at elevated intersections; and,
. Vending machines;
Additionally, the Commission requested that the Planning Department provide the
Commission with graphics to illustrate proposed changes to the sign ordinance.
ANALYSIS
The Planning Department is recommending three changes to proposed Ordinance No.
6928-02 to address concerns raised by the City Commission.
5
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1. Portable Storage Units (Section 94, Page 42 of proposed ordinance.)
The Planning Department is proposing to limit a portable storage unit to a time period
of 15 days for emergency home repairs, with the possible extension of an additional
15 days ifneeded to complete emergency repairs.
The Planning Department revised this section to address the Commission's concerns
regarding the length of time a portable storage unit could be on a property for
.
emergency repaIrs.
2. Signs at Elevated Intersections (Section 86, Page 39 of the proposed ordinance.)
The Planning Department is propo'sing that signs at elevated intersections be
permitted at 14 feet above the highest point of the elevated road within the property
lines that are perpendicular and adjacent to the elevated roadway, excluding frontage
and service roads.
This modification addresses the Commission's concern that properties located along
elevated intersections would all be 14 feet above the highest point of the road
regardless of where the business is located along the elevated roadway.
3. Vending Machine Signage (Section 52, Page 32 of the proposed ordinance.)
At the direction of the City Commission, the Planning Department is proposing to
limit the amount of signage allowed on the front of vending machines to 35% of the
front of the machine, including the selection buttons. The previously proposed
, . -.' .', ..'.~' ,_ ,. . . amendment excluded the selection buttons. . .,'.. '. , ' ., . ".', ',. "......." _ ,"",," ...' .,',..' _, '.
S:\Planning Department\2002 Code Arncndmcnts\April16 Staff report CDn - 6928-02.doc
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PLANNING DEPARTMENT REVISIONS
In addition to the amendments discussed above, the Planning Department has made five
more revisions to the proposed ordinance since the Community Development Board and
City Commission meetings. These revisions address the following:
. Maintenance of seawalls;
. Transfer of Development Rights;
. 'Address signage allowed in addition to total square footage of signage;
. Competent substantial evidence in appeal hearings; and,
. Fences on attached dwelling lots
ANALYSIS
1. Maintenance of Seawalls (Section 75, Page 37 of proposed ordinance.)
At the direction of legal council, the seawall maintenance provision has been
modified to specify that seawalls shall be maintained in a structurally sound condition
6
'._ .1.1
.
1. Portable Storage Units (Section 94, Page 42 of proposed ordinance.)
The Planning Department is proposing to linlit a portable storage unit to a time period
of 15 days for emergency home repairs, with the possible extension of an additional
15 days if needed to complete emergency repairs.
The Planning Department revised this section to address the Commission's concerns
regarding the length of time a pOltable storage unit could be on a property for
.
emergency repaIrs.
2. Signs at Elevated Intersections (Section 86, Page 39 of the proposed ordinance.)
The Planning Department is propo'sing that signs at elevated intersections be
permitted at 14 feet above the highest point of the elevated road within the property
lines that are perpendicular and adjacent to the elevated roadway, excluding frontage
and service roads.
This modification addresses the Commission's concern that properties located along'
elevated intersections would all be 14 feet above the highest point of the road
regardless of where the business is located along the elevated roadway.
3. Vending Machine Signage (Section 52, Page 32 of the proposed ordinance.)
At the direction of the City Commission, the Planning Department is proposing to
limit the amount of signage allowed on the front of vending machines to 35% of the
front of the machine, including the selection buttons. The previously proposed
. ,.~. ;'..~~~.,_,. . ..' amendment excluded the selection buttons. . ..-.' ,'.' '. . ., ._...,'...,......._... ...'......,......' " ,,' ',,_,'q,.', _'" .........'
PLANNING DEPARTMENT REVISIONS
In addition to the amendments discussed above, the Planning Department has made five
more revisions to the proposed ordinance since the Community Development Board and
City Commission meetings. These revisions address the followillg:
. Maintenance of seawalls;
. Transfer of Development Rights;
. Address signage allowed in addition to total square footage of signage;
. Competent substantial evidence in appeal hearings; and,
. Fences on attached dwelling lots
ANALYSIS
1. Maintenance of Seawalls (Section 75, Page 37 of proposed ordinance.)
At the direction of legal council, the seawall maintenance provision has been
modified to specify that seawalls shall be maintained in a structurally sound condition
6
S:\Planning Depnrtmcnt\2002 Code Amendments\April16 Staff report COB - 6928-02.doc
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and shall comply with applicable building and coastal construction codes. The
original proposal did not identify who would be responsible for inspecting the
seawalls and what criteria would be used for that inspection. This revision also
addresses concerns raised by the Marine Advisory Board.
2. Transfer of Development Rights (Section 113, Pages 46-47, Section 114, Pages 47-
48, and Section 115, Page 48 of proposed ordinance.)
Based on, input from the Pinellas Planning Council, the Planning Department is
proposing to make several minor editorial changes to the Transfer of Development
Rights regulations. Code Section 4-1402 is being revised to better identify the criteria
necessary to use Transfer of Development Rights. The proposed revision requires
such transfers to be in compliance with subsections 1, 2, 3 of the provision and
specifies that they are permitted only in circumstances outlined in either subsection 4
or 5. Proposed Code Section 4-1403.E is being revised to further identify that
development rights transferred from a Community Development District, Central
Business District, or other designated redevelopment area may be transferred only to
property located within the same designated redevelopment area.
Proposed Code Section 4-1403.C specifies that when reviewing height increases for
projects using transfer of development rights that compatibility with the surrounding
area and the viability of the project should be considered. The Planning Department
is recommending to replace "viability" with "feasibility" so it is clear that the criteria
is project feasibility and not solely economic viability.
3. Address Signage Allowed in Addition to Total Square Footage of Signage
(Section 81, Page 38 of proposed ordinance.) . .'.
" . ..... . -. ..
The Planning Department is proposing an amendment to the sign ordinance to clarify
that address signage is allowed in addition to the total permitted sign area.
4. Competent Substantial Evidence in Appeal Hearings (Section 102, Page 43 of
proposed ordinance.)
The Planning Department is proposing to, revise Code Section 4-502.A to identify that
an appeal of a level one approval by an applicant or property owner must present
competent substantial evidence in the Levell review.
7
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5. Fences on Attached Dwelling Units. (Section 45a, Page 30a Insert to proposed
ordinance. )
The current fence ordinance restricts fences on attached dwelling lots to four feet,
except along the boundary of the property. Based on the fact that many such properties
have existing six feet high fences, the Planning Department is proposing
this amendment to accommodate existing development and to allow privacy fences
within this type of development.
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.
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.
S:\Planning Department\2002 Code Arnendments\Apri116 Staff report CDB - 6928-02.doc
04-5-02
. 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
establishment of distinct districts within Clearwater Beach, the establishment of a
limited density pool of additional hotel rooms to be used in specified geographic
areas of Clearwater Beach, enhancement of public rights-of-way, the vacation of
public rights-of-way when appropriate, transportation improvements, inter-beach and
intra-beach transit, transfer of development rights and the use of design guidelines,
pursuant to Beach by Design: A Preliminary Design for Clearwater Beach and
Design Guidelines.
. Policy 2.1.3 - The area governed by Beach by Design: A Preliminary Design for
Clearwater 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
8
5. Fences on Attached D'welling Units. (Section 45a, Page 30a Insert to proposed
ordinance. )
The current fence ordinance restricts fences on attached dwelling lots to four feet,
except along the boundary of the property. Based on the fact that many such properties
have existing six feet high fences, the Planning Department is proposing
this amendment to accommodate existing development and to allow privacy fences
within this type of development.
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.
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.
S:\Planning Departmcnt\2002 Code Amendments\April16 Staff report COB - 6928-02.doc
04-5-02
.".... '. . . '"
. 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
establishment of distinct districts within Clearwater Beach, the establishment of a
limited density pool of additional hotel rooms to be used in specified geographic
areas of Clearwater Beach, enhancement of public rights-of-way, the vacation of
public rights-of-way when appropriate, transportation improvements, inter-beach and
intra-beach transit, transfer of development rights and the use of design guidelines,
pursuant to Beach by Design: A Preliminary Design for Clearwater Beach and
Design Guidelines.
. Policy 2.1.3 - The area governed by Beach by Design: A Preliminary Design for
Clearwater 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
8
1.
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.
. Policy 2.3.3 - The City of Clearwater 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 permitted by approved special area plans or redevelopment.
. 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 determine 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.
S:\Planning Department\2002 Code Amendmcnts\April16 Staff report CDB - 6928-02.doc
04-5-02
. 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.
o 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
permitted 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.
9
. 1,1
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 districts. 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 number 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. '
The Planning Department Staff recommends APPROVAL of Ordinance No. 6928-02
which makes revisions to the Community Development Code.
Prepared by: Richard Kephart
ATTACHMENTS:
Revised language for proposed code amendments
S:\Planning Department\2002 Code Amendments\April16 Staff report COB - 6928-02.doc
04-5-02
c.
. ':. ~ . . t
10
, .
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 districts. 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 number 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 cOmtnunity undergoing
redevelopment.
The Planning Department Staff recommends APPROVAL of Ordinance No. 6928-02
which makes revisions to the Community Development Code.
Prepared by: Richard Kephart
ATTACHMENTS:
Revised language for proposed code ~endments
S:\Planning Department\2002 Code Amendments\April 16 Staffreport CDS - 6928-02.doc
04-5-02
., '. -. " ,".. ..-
. - ~: . .~
10
REVISED LANGUAGE ATTACHMENT
1. Roof Overhang proposed language amendment.
Section 3-908.D
D. Balconies, decks, by windows, and sill1ilar features that linearly extend 50
percent or less of the width of the building wall to which they are attached shall
be permitted to extend into a required set back area not more that ~g 24 inches
provided that through access is not obstructed.
2. Hearing Officer Appeal proposed language amendment.
NOTE: Section 4-505.B. has been revised from original proposal by removing reference
to public comment being allowed at the hearing.
Amend Section 4-505 to read 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 hearing to consist solely
of: 1. reception of the record before the community development board; and 2.
oral argument. 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 4 206(D). to
th ~~ appellant, applicant. City. and any person granted party status by the
community development board.
B. At the hearing. + !he record before the community development board shall be
incorporated into the record before received by the hearing officer;
supplemented by such additional ovidence as may be brought forward during
the hearing. Additionally. oral argument may be presented by the appellant.
applicant. City. and any person granted party status by the con1munity
development board. The burden shall be upon the appellant to show that the
decision of the COmlTIUnity development board cannot be sustained by the
evidence before the board and before the hearing officer, or that the decision
of the board departs from the essential requirements of law.
C. The persons entitled to present oral argument as set forth in subsection B.
above may submit proposed final orders to the hearing officer within 20 days
of the hearing. The hearing officer shall render a decision within 45 days of
the hearing in accordance with the provisions of section 1 206(D)fSj. The
decision of the hearing officer shall include findings of fact. conclusions of
Jaw. and a detennination approving, approving with conditions. or denying the
requested development application. The decision of the hearing officer shall
be final, subject to judicial review by common law certiorari to the circuit
I
S:\Planning Department\2002 Code Amendments\Attachment for Aprill6.doc
court. The filing of a petition for certiorari stays the decision of the hearing
officer pending the final determination of the case.
ALSO, amend section 5-1003 to read as follows:
All hearings conducted by a hearing officer on behalf of the city shall be conducted in
accordance, with section 4 206 4-505.
3. Section 3-1803. Prohibited Signs.
Article 3. Division 18. Signs. Section 3-1803. Prohibited Signs is hereby amended
by deleting subsection 3-1803.U. and re-Iettering the subsequent subsections as
appropriate:
u. Temporary window signs in residential districts.
4. Corrected title for Section 45a.
Section 45a. Article 3.Division 8. Fences and Walls. Section 3-804.F. is hereby
amended by deleting it in its entirety as follows:
2
S:\Planning Department\2002 Code Amendments\Attachment for April 16.doc
court. The filing of a petition for certiorari stays the decision of the hearing
officer pending the final detennination of the case.
ALSO, amend section 5-1003 to read as follows:
All hearings conducted by a hearing officer on behalf of the city shall be conducted in
accordance with section 4 206 4-505.
3. Section 3-1803. Prohibited Signs.
Article 3. Division 18. Signs. Section 3-1803. Prohibited Signs is hereby amended
by deleting subsection 3-1803.U. and re-Iettering the subsequent subsections as
appropriate:
U. Temporary window signs in residential districts.
4. Corrected title for Section 45 a.
Section 45a. Article 3.Division 8. Fences and Walls. Section 3-804.F. is hereby
amended by deleting it in its entirety as follows:
2
S:\Planlling Department\2002 Code Amendments\Attachment for April 16.doc
t.
ORDINANCE NO 6928-02
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, MAKING
COMPREHENSrvE AMENDMENTS TO THE COMMUNITY
DEVELOPMENT CODE; AMENDING ARTICLE 1, GENERAL
PROVISIONS BY ADDING A PROVISION REGARDING ZONING
DISTRICT BOUNDARIES; Al\1ENDING ARTICLE 2, ZONING DISTRICTS,
BY REVISING THE MININruM STANDARD DEVELOPMENT
DIAGRAMS IN ALL RESIDENTIAL ZONING DISTRICTS; AMENDING
ARTICLE 2 ZONING DISTRICTS, BY ADDING, DELETING, AND/OR
REVISING USES, DIl\1ENSIONAL, AND/OR FLEXIBILITY CRlTERIA IN
THE LOW MEDIUM DENSITY RESIDENTIAL DISTRICT, COMMERCIAL
DISTRICT, TOURIST DISTRICT, OFFICE DISTRICT, INSTITUTIONAL
DISTRICf, INDUSTRIAL, RESEARCH, AND TECHNOLOGY DISTRICT,
AND THE COACHMAN RIDGE NEIGHBORHOOD CONSERVATION
'OVERLAY DISTRICT; AIvfENDING ARTICLE 3, DEVELOPMENT
STANDARDS, BY MAKING REVISIONS TO THE DEVELOPMENT
STANDARDS WITH REGARD TO ACCESSORY USE/STRUCTURES,
DOCK/MARINAS, EROSION AND SILTATION CONTROL, FENCES AND
WALLS, GENERAL APPLICABILITY STANDARDS, LAND SCAPING/
TREE PROTECTION, OUTDOOR LIGHTING, PARKING AND LOADING,
PROPERTY MAINTENANCE STANDARDS, SIGNS, AND TEMPORARY
USES; AMENDING ARTICLE 4, DEVELOPMENT REVIEW AND OTHER
PROCEDURES BY M..AKING CHANGES TO PROCESS APPLICATIONS
FOR DEVELOPMENT AFPROV AL, APPEALS, SUBDIVISIONSIPLATS,
TREE REMOVAL 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 MUNICIP AL CODE ENFORCEMENT
BOARD/SPECIAL MASTER HEARING PROCEDURES; AMENDING
ARTICLE 8, DEFINITIONS AND RULES OF CONSTRUCTION, BY
ADDING AND REVISING DEFINITIONS; AND PROVIDING AN
EFFECTNE 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 ConmlUnity
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 Conununity Development Board, pursuant to its responsibilities as th<.: Local
Planning Agency, has reviewed this amendment, conducted a public hearing and considered all public
Ordinance No, 6928-02
.',' '":', '.r'o'''. :".' ,1_',:. ...." ','., ~',.', :'0".';: .\/ . ',':'.:p
testimony and has detemlined 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,
BE IT ORDAINED BY THE CITY COrvlMISSION OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. Article 1. General Provisions. Section 1-109. Zoning Atlas is hereby amended by
adding subsection 1-109. Zoning Atlas as follows:
Section f':109. Zoning atlas.
2
Ordinance No. 6928-02
A. 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 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 bv 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. Interpretation of district boundaries. Where uncertainty exists as to the
boundaries of zoning districts as shown on the zoning atlas. the
folIowin~ 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
~pecified.
2. Boundaries in 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. 11lterrllotio1l of bOWldwy lines. Boundary lines which are
inten'upted to show street names or other identification numbers
or letters upon the official zoning atlas shall be interpreted as
extending through such identitications unless otherwise
spec i fi eel.
'. ""~"'>" ,:;," ". ~ . ,.:..... '..' '/',."..: 'I'''' '., f'" ....." .~..' ~. . ..'...,~'. '.' ....,.,../.", ,", ."t ",",;":" )',
4. Shore, seawall or bulkhead lines. Zoning district boundary lines
shall be construed to follow stich shore. seawall or bulkhead
lines. and in the event of change in the shore. seawall or
bulkhead lines, shall be construed as following the changed
shore. seawall or bulkhead line: boundaries indicated as
approximately following the center lines of streams. rivers,
canals, lakes or other bodies of water shall be construed to
follow such center lines.
~ Boundary line unclear. When the exact location of a zoning
district boundary line is not clear, its location shall be
determined by the Community Developrnent 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. ?ollillg of annexed orooerties. 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 by the Community Development Coordinator, in effect at the
time of such annexation and the City zoning atlas referred to in Section
1-I09.A shall be amended or posted accordingly.
Section 2. Article 2. Zoning Districts, Section 2, District Use Chart is hereby amended as
follows:
Chart 2-100 Permitted Uses
Use Cate20ries .~ LMDR MDR MHDR HDR MHP Ie T Tn 0 I IRT OSR p~
",Ii" ,:;, '\ ':.:;c;:-
Residential C'" '," ,'~ ,,,. ~?" ~'..
, c'. """',""'''''.
Detached dwellings X X X X X X X
Attached dwellings X X X X X X
A.ccessolY dwellings X X X X X X
:ommunity residential X X X X X X X
:lOmes
Mobile home X
Mobile home park X
Residential infill project X X X X X
Nonresidential , " , ..." ' ': , ":<:',
: " ,:, " ""', "", ,,',
,', "'" :,,,,
Adult uses X X
Airport X
Alcoholic beverage sales X X X
Animal grooming and X X X
Joarding
~ssisted living facilities X X X X
~uto service stations X X
- -
:emctcries X
-
:omprchcnsive infiJI X X X X X X X
3
Ordinance No. 6928-02
Iredevelopment proj ect
[(CIRP)
Congregate care X X X X
Convention center X
Educational facilities X X X X
Gnvemmental uses X X X X X
Halfway houses X
Hospitals X
Tndoor X X X
Ire creati on! en tertainmen t
tLi~ht assembly X
Limited vehicle sales/display X X
Limited vehicle service X
Manufacturing X
Marinas X X X X X
Marinas facilities X X X ~ X
!Medical clinic X X X X
Mixed use X X
Ni~htclubs, taverns and bars X X X X
!Non-residential parkinf]; X X X X
tNursin2 homes X X X X
Offices X X X X X X
Off-street parkin~ X X
Open space X
Outdoor X X X X X X
recreation/entertainment
Outdoor retail sales, display X X
and/or storage
Overni2ht accommodations X X X X X X X X X
Parkin2 garages and lots X X X X X X
Parks and recreation X X X X X X X X X X X X
L'acilities
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
tRestaurants X X X X X X
tRetail sales and services X X X X X X X X
tRy 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
'" ' . . '. oJ ~ tI, ~ ". '.' .' -t. . f' ' ~:.
Social and community X X X X
centers
Social/public service X X X X X X
jagencies
trelecommunications towers X X X X X
rrv /radio studios X X
UtiI ity/infrastruc ture X X X X X X X X X X X X X X
facilities
Vehicle sales! displays X X
Vehicle sales/displays, major X
Vehicle service X
Vehicle service, major. , ' . '. 'x
Veterinary offices X X X
Wholesale/distribution/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. IILMDR" District Minimum Standard Development
Use Min. Min. Min. Max. Min.
Lot Size ' Lot Setbacks Height Off-Street
(sq. ft.) Width (ft.) (ft.) Parking
ft.)
Front Side Rear (1)
Acoessory W
pools and
seFe8H
enolosures
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
Section 5. Article 2. Section 2-202 Low Medium Density Residential District ("LMDR")
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."
6
Ordinance No. 6928-02
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. Section 2-402 Medium High Density Residential District ("MHDR")
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 8. 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 9. 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 10. 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. "e" District Minimum Development Standards
Use Min. Min. Max. Min. Min. Min. Min.
Lot Lot Height Front Side Rear Off-Street
Area Width (ft.) (ft.) ( it. ) (ft.) Parking Spaces
(s . ft.) (ft.)
Governmental Uses 10,000 100 25 25 10 20 4/1,000 SF GFA
(1)
Indoor Recreation/ 10,000 100 25 25 10 20 5/1000 SF
Entertainment GF A or
Silane, 2/court
or lImachine
t\1nrinus ~OO ~G ~ -8 M W 1 space per 2
~
Offices 10,000 100 25 25 10 20 4/1,000 SF GFA
. , ~,' ,.'.,' l' ,: I. . - , ,.', ' " . ...'.. ,.' " ~. " ,.. . '. . \ .,' , I" ~ ' . ' . t . r .. '1 . ..' .'.' '.. \ }
Overnight 40,000 200 25 25 10 20 1/unit
Accommodations
Parks and n/a nla 25 25 10 20 1 per 20,000 SF
recrea ti onal 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 25 10 20 15/1,000 SF
GFA
Retail Sales and 10,000 100 25 25 10 -l-2{) 5/1,000 SF OF A
Services 20
Social and 10.000 100 25 25 lQ 20 5/1.000 SF OFA
Cornmunitv Centers
Vehicle 40,000, 200 25 25 10 20 2.5/1,000 SF
Sales/Display LOT SALES
AREA
Section 11. Article 2. Division 7. Commercial District, Sec tion 2-703, Table 2-703 "cn District
Flexible Standard Development Standards is hereby amended as follows:
Table 2-703. "C" District Flexible Standard Development Stalldard~
Use Min. Min. Max. Min. Min. Min. Min.
Lot Lot Height, Front Side Rear Off-Street
Area Width (ft.) (ft. ) * (ft.) (ft.) Parking
(sq. ft.) (ft.)
[Accessory nJa nla n/a n/a n/a n/a I space per
towellings unit
Adult Uses 5,000 50 25 (25 10 20 5 per 1,000
kiFA
Alcoholic 10,000 100 25 25 10 lZo 5 per 1,000
~everage Sales PFA
lAutomobile 10,000 100 25 Q5 10 20 5/1,000 SF
Service Stations GFA
Educational 40,000 200 25 25 10 20 1 per 2
lFacilities students
7
Ordinance No. 6928-02
Governmental 10,000 100 25--50 25 10 20 14 spaces per
luses (1) 1,000 GFA
[ndoor Recreationl 10,000 100 25 25 10 20 3-5/1000 SF
IEntertainment GFA
or 3- Silane,
1-2/court or
I/machine
- . T:'_ _ :1:..:__ ,. f\f\f"I .,f\ f\f\f\ W ~ u fW W '1 ___ ~
,'" ,v",,,, -J.- '"'l'....ce per
s-Hps
Medical clinics 10,000 100 25 ~5 10 20 ~-3/, 1 000
GFA
Nightclubs 10,000 100 25 25 10 20 10 per 1,000
GFA
Offices 10,000 100 ~5--50 ~5 D--10 10--20 3--4 spaces
per 1,000 GFA
Off Street Parking 10,000 100 n/a 25 10 20 nJa
butdoor Retail 20,000 100 ~5 ~5 10 20 10 per 1,000
Sales, Display of land area
~md/or Storage
Overnight 20,000-40,000 150- 25--50 25 0--10 10--20 1 per unit
~ccommodations 200
Places of Worship 120,000-40,000 100- 25--50 ~5 10 20 .5-1 per 2
(2) 200 seats
Public n/a Wa 10 n/a n1a n/a Wa
rrransportation
facilities (3)
Restaurants 5,000..,-10,000 ISO- -1 00 ~5--35 25 0--10 10--20 7 --15 spaces
per 1,000 GF A
lRetail Sales and 3,500--10,000 35--10025-35 125 0--10 10--20 4-- 5 spaces per
Services 1,000 GFA
Social and 3.500--10.000 35-100125-35 ~ 0--10 10--20 14--5 snaces ner
~
Communi tv Center 1.000 GFA
Utility n/a n/a 20 25 10 QO nJa
/Infrastructure
Pacilities (4)
Vehicle 20,000--40,000 ] 50- - 25 25 10 20 2.5 spaces per
Sales/Displays 200 1,000 of lot
~ area
.
8
Ordinance No. 6928-02
" ," .' . , . . .' . J , ',t' ~ ' . I ... " " ' I.
100
25
25
10
20
spaces per
1,000 GFA
Section 12. Article 2. Division 7. Commercial District. Section 2-703 is hereby amended by
deleting flexible criteria for Marina Facilities re-Iettering the subsequent subsections as appropriate:
* * * *
rr ~". J". .7.,;""
.n.. ~ .:t:Clr lna JClC ltl=
1. The parcel pr-.oposed for deT,'elopment is not located in areas identified in
the Comprehensive Plan as areas of environmental significance
inoluding:
u. The north end of Clearwater Beaeht
b. Clearwater Harbor gross beds;
o. Cooper's Point;
d. Clearwater Harbor spoil islands;
e. Sand Key Park;
f. The southern edge of ..^Jligator Lake.
2. No commeroial activities othor 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 vlhich is designated as residential in the Zoning 1\tla3,
unless the marina facility is totally screened from view from the
oontiguous 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 vlith any
contiguous property on May 1, 1998 or the reduction in lot width will
not result in a facility which is out of scale \vith existing buildings in the
immediate vicinity of the parcel proposeMer developmeHt.
* * * *
9
Ordinance No. 6928-02
. " , .,,'.' , I. . .. t,. ,,' . ~ , ' o. -." ,- ',' \0 . I ',' , i" . :' ", '
Section 13. Article 2. Division 7. Commercial District ("e"). Section 2-703. is hereby amended
by adding Social and Community Center and renumbering the subsequent subsections as appropriate:
O. Social and ComJ1lunitv Centers.
1. The parcel proposed for development does not abut any property
designated as residential in the Zoning Atlas.
2. Front Setback: The reduction in front setback results in an improved
site plan or improved design and appearance.
. ,. .
3. Side and rear setback: . The reduction in side and/or rear setback is
necessary to preserve protected trees and/or results in an improved site
plan or more efficient design and appearance and results in landscaping
in excess of the minimum required.
4. Lot size and width: The parcel proposed 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. JJrei!rht:
a. The increased height results in an improved site plan.
landscaping areas in ex.cess 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.
6. Off-street oarkin!r; The physical characteristics are such that the likely
uses of the property will require fewer parking spaces per floor area than
otherwise required or that the use of significant portions of the building
will be used for storage or other non-parking demand-generated
purposes.
Section 14. 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 struotures are-looated-aa.jaeent to a street right of way;
10
Ordinance No. 6928-02
* * * *
Section 15. 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. I Min. Min.
Lot Area Lot Front Side Rear Off-Street
(sq. f1.) Width Height (ft.) (f1. ) (ft.) Parking
(ft.) (ft.)
Alcoholic beverage 5,000--10,00 50--100 25 15- - 25 0-10 10 --20 5 per 1,000 GFA
sales 0
Comprehensive nla n/a n/a N/a n/a n/a Detennined by the
Infill 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 GFA
Marina Facilities 5.000--20.00 50 25 25 1.Q 20 1 space per 2 slips
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 25 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 10--20 3 --4 spaces per
0 1,000 GFA
,
Off-street parking 10,000 100 n/a 15- - 25 0-10 10-20 n/a
1 '1
Ordinance No. 6928-02
.' 1" ..". " . ',\ .' I, ' .' , .' . .'.', ' .' ,., , , ", ~ "\, . , ' I" .' \. I " ':" "
Outdoor 20,000 100 25 15 - -25 10 10- -20 1--10 per 1,000
Recreation! SQ FT of land
Entertainment area or as
detennined by the
Community
Development
Coordinator based
on ITE Manual
standards
,Overnight 20,000- 100--200 25--50 15 - -25 0-10 10--20 I 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
RV Parks 40,000 200 25 IS - -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
SQ Ff'
.. of land area
Social/public 5,000- 50--100 25 -- 15- -25 0-10 10--20 3~ spaces per
service agencies(2) 10,000 50 1,000OFA
Telecommunicatio 10,000 100 Refer 25 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
12
Ordinance No. 6928-02
Section 16. Article 2.Division 7. Commercial District. Section 2-704. Flexibility criteria is
hereby amended as follows and re-Iettering the subsequent subsections as appropriate:
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 of the 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.
13
Ordinance No. 6928-02
,
", , "~.' ... ..' ~,' ~ ,I " ,,' \ '~'. " . , . , I I , , \' ". : , , '. ,~' '_' '.',' . : -, ,.,'
* * * *
Section 17. 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. liT" District Flexible Standard Development Standards
Use Min. Min. Max. Min. Density Min.
Lot Lot Height Setbacks Off-Street
Area Width ( [1. ) ( ft. ) Parking
(sq. ft.) (ft.)
Front Side Rear
Accessory Dwellings n/a nla n/a n/a n/a n/a 30 1/uni t
uni 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 uni tsl
acre
Governmental 10,000 100 35-50 10--15 0--10 10- n/a 3--4/1,000
Uses (1) 20 GFA
Indoor Recreation! 5,000 50 35- 0-15 0--10 20 n/a 10 per 1,000
~ntertainTnent 100 GFA
~1Grinas 5,000 $() ~ H W ~ HIe 1 spaoe per 2
slips
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- n/a nJa n/a 25 5 10 n/a n/a
Street Parking
Offices 10,000 100 35-50 1 0--15 0--10 10- nla 3--4 spaces
20 per 1,000
GFA
14
Ordinance No. 6928-02
Outdoor Recreation 5,000 50 35 10-15 10 20 n/a 2.5 spaces per
/Entertainment 1,000 sq. it. 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
Accommodations 20 rooms/
acre
Parking Garages and 20,000 100 50 15-25 10 10- n/a nla
Lots 20
Parks and Recreation n/a n1a 50 25 10 20 n/a 1 per 20,000
facilities SF land area
or as
detennined by
the
Community
Development
Coordinator
based on ITE
Manual
standards
Public n/a n/a 10 nJa n/a n/a n/a n/a
Transportation
Facilities (2)
Sidewalk Vendors n/a n/a n/a n/a n/a n/a nla n/a
Restaurants 5,000-- 50- -100 25--35 10--15 0--10 10--20 nJa 7-15 spaces
10,000 per 1,000
GFA
Retail Sales and 5,000-~ 50--100 35--50 10--15 0--10 10--20 nJa 4-5 spaces
Services 10,000 per 1,000
GFA
Social and 5,000-- 50--100 35--50 10--15 0--10 10--20 n/a 4-5 spaces
Community Center 10,000 per 1.000
GFA
Uti Ii ty/Infrastructure n/a n/a n/a 25 10 ]0 nJa n/a
Facilities (3)
15
Ordinance No. 6928-02
Section 18. Article 2. Division 8. Tourist District. Section 2-802. E. Marinas is hereby amended
as follows and re-Iettering the subsequent subsections as appropriate.
L' ~,r'
.r.. . .. ':l:l..'lr 11tfl!r.
1. The parcel proposed for development is not located in areas identified in
the Comprehensi~/e Plan as areas of environmental significance
inoluding:
a. The north end of Clearwater Beach;
'b. Clean~iater'Harbor grass beds;
c. Cooper's Point;
d. Cleanvater Harbor spoil islands;
e. Sand Key Park;
f. The southern edge of Alligator Lake.
2. No commercial activities other than tho mooring of boats 08 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 faoility is totally soreened from vie''v from the
oontiguous land vt'hich is designa~ed as residential and the hours of
eporation of the oommeroial aetivities are limited to the time period
between 6:00 a.m. 9:00 p.m.;
16
Ordinance No. 6928-02
3. The design of all buildings eomplies with the Tourist District design
guidelines in Division 5 of ..\rtiole 3.
Section 19. Article 2. Division 8. Tourist District, Section 2-802.R.1. 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;
* * * *
Section 20. Article 2. Division 8. Tourist District. Section 2-802.R. Social and Community
Centers is hereby amended by adding the following subsection and re-Icttering 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.
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 desigt1
and appearance and results in landscaping in excess of the minimum required.
****
Section 21. Article 2. Division 8. 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 1.C.3 and the Marina and Marina facilities requirements set forth
section 3-603.
17
Ordinance No. 6928-02
****
_ Section 22. 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. "D" 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 uni t
Convention Center 30-50 5 per 1,000 GFA
Indoor Recreation/Entertainment 30 - 50 3 - 5 per 1.000 GFA
Facility
Nightclubs 30-50 3--10 per 1,000 GFA
Offices 30-50 1--3 per 1,000 OF A
Overnight Accommodations 30-50 .75--1 per unit
Parking Garages and Lots 50 n/a
Parks and recreation facilities 50 I per 20,000 SF land area or as
determined by the Community
Development Coordinator based
on ITE Manual standards
Places of Worship 30-50 .5--1 per 2 seats
Public Transportation Facilities 10 n1a
Restaurants 30-50 5--15 per 1,000 OFA
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 n/a
18
Ordinance No. 6928-02
Section 23. Article 2. Division 9. Downtown District. Section 2-902. Flexible standard development is
hereby amended by ad~~.!1gq th~, following subsection and re-lettering the subsequent subsections as
appropriate:
. E. Indoor Recreation/Entertainment Facility.
.L 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.
~ 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 24. 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:
P. Social and Community Centers.
.L The parcel proposed for development does not abut any property desib1l1ated ns
residential in the Zoning Atlas.
. F. j I . ~'." ~ 1 'V': >. ,~. , t . .' , . \ ' ." . >
2. Frollt setback: The reduction in front setback results in an improved site plan or
improved design and appearance.
1:. Side and rear setback: The reduction in side and/or rear setback is necessary to
preserve protected trees and/or r~sults in an improved site plan or more efficient design
and appearance and results in landscaping in excess of the minimum required.
Section 25. Article 2. Division 9. Downtown District, Section 2-902.0. Utility/infrastructure
facilities is hereby amended by deleting section in its entirety and re-Iettering the subsequent subsections
as appropriate:
-h Ne above ground struotures are located adjacent to a street right of way;
Section 26. 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 3-601.C.3 and the Marina and Marina
facilities requirements set forth section 3-603.
Section 27. 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.
-h- No above ground struotures arc located adjaoent to a street right of way;
Section 28. 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 (ft.) Heigh Parking
(sq. ft.) ( f1. ) t
ft.)
Front Side Rear
Assisted 20,000 100 25 10 20 50 I 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
19
Ordinance No. 6928-02
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 2lbed
11urinas 5,000 W ~ +-5 2-0 W -!-space per 2
sJtps
Nursing 20,000 100 25 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 nla nla 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 1 per 3
students
20
Ordinance No. 6928-02
Section 29. 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. Min. Max. Min.
Lot Lot Setbacks Heig Off-Street
Area \Vidth (ft.) ht Parking
s . [t.) (ft. ft.'
Front Side Rear
n/a n/a n/a n/a n/a nJa 1/unit
---
n/a n/a n/a n/a n/a n/a n/a
--
Accessory
Dwellings
Airport
Educational 40,000 200 15- -25 10 15- -20 50 .5--1 per 2 students
Facilities
-
Halfway HOllses 10,000 100 15- -25 10 15- -20 30 1 per 2 residents
Hospitals 1--5 100-- 15- -25 J 0- -25 15- -25 50 1--2/bed
acres 250
Marina Fn(}i~j(i~9 S.OOO SO .l-~ 10 IS ~ W 1 per 2 slips
Medical Clinic 20,000 100 15- -25 10 15- -20 30 5/1 000 SF
Outdoor 40,000 200 15- -25 10 15- -20 50 1--10/1,000
recreation/ SF Land Area or as
Entertainment determined by the
Community
Development
Coordinator based on
ITE Manual standards
Parking Garngcs 20,000 100 15--25 10 15- -20 50 n/a
And Lots
Places of 20,000 100 15- -25 10 15- -20 50 .5--1 per 2 seats
Worship
. Public n/a n1a n/a nJa nJa 10 n/a
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/ n/a nJa 15- -25 10 15- -20 n/a n/a
Infrastructure
Facilities ())
t\SSi5tcd {,.iving 15,000- 100 25 2- lQ 30- 1 per 2 residents
Encilitics 20.000 50
tiuI~n.gjJQ,tnes 15,000 100- 25 2- J2 30- 1/1,000 sq. ft.
150 40
futciul.Jmg 20,000 100 15-25 lQ 15-20 30- 4-5 per 1.000 GF A
C.Q III III un.!!.Y 40
G~t)tct:
~r~gntc Cat:9 20,000 100 25 2- lQ 30- 1 per 2 residents
50
21
Ordinance No. 6928-02
St;J:.t!illllQ; Article 2. Division 12. Institutional District. Section 2-1203.B. is hereby amended as
follows:
B. II i"port. +ne-stce-and dimensional requirements of the parcel propesed-fur de','elopmem-sfl.a.l.!
ht.'-brlsed-OIHl/l-nvia-t-ioft-&fOOy. All development activity identified in the 1999 Airport rvlaster Plan study
i!~L~hQJ:!::!eIm..1~velop111ent proiects shall be processed as Flexible Standard Development projects. and all
mid-term develop.ment projects shall be processed as Flexible Development projects. All development
proiects at the City's AirlliJrk must be consistent with the 1999 Master Plan.
Section 31. Article 2. Division 12. Institutional District. Section 2-1203. Marina and marina
facilities is hereby amended by deleting Marinas and marina facilities and re-Iettering as appropriate:
." ." * ."
F. M(I~iHfl!i-and-mfllli1IR-jfflfi.J.iIietr.
-h :~A&-paroel proposed for d~~ffiem-is not loo-aree in areas identified in
~he Gomprefiensfve Plan as areas of environmental significance
fne~udj.ng:
n. ~FA&-nofth end of Clearwater Beaofit
b. ClelHWOter Harbor grass beEist
o. Coeper's Poiffit
d. Clearwater Harbor spoil islands;
e. Sand-Key Park;
f. The southern edge of t.. lli gator Lake.
2. No oommeroial aoti'lities other tllan the mooring of boats on a rental basis shall
be-permitted on any parcel of land which is oontiguous to a parcel of land \"fflich
is designated as residential in the Zoning Atlas) unless the. marina faoility is
tetany soreened from view, from the oontiguous land ~.vhioh is designated as
FeSidential and the hours of operation of the oommeroial aotiyities are limited tn
the-time period between sunrise and sunset;
22
Ordinance No. 6928-02
3. SetlJ8eH9+
a. The red~ion in front setbaok oontributes to a more aotive and dynamio
&tfee~
b. The redue~-itt-front setback results In an iml*oved site plan or
tmpf{Wed-6~aFafl6et
o. Side-alu! rear sclhtlele-ThtHeoo&ti&n in side and/or rear setback does
oot--presreHt-aecess to t rear of any building by emergenoy vehicles; The
Feduetian-in-side-andler rear setback results in an improved site plan;
l-l-lf}re-efft~lt-prn:lEffig or iml*&veJ-e~ppearunce.
~Fhe-H5t+-of:-~he-faree-l-pFeFH}sed-feHleveffif>'meHt \viII flet involve direct access to an
nFtefffiktfeeh
* * * *
Section 32. 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 adiacent parcels of land and any adiacent
street by a landscaped wall or fence of at least four feet in height~
3. All outdoor lighting is designed and located so that no light fixtures cast light
directly on to adjacent 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 adjacent parcels of land and any adjacent
street by a landscaped wall or fence of at least four feet in heig:ht~
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 At1as~
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 i.rrmroved site gIan or more efficient
design and appearance and results in landscallli.1g in excess of the minimum
required.
23
Ordinance No. 6928-02
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 any adjacent
street by 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 adjacent land used for residential purposes:
4. All waste disposal containers which serve the proposed use are located within a
landscaped enclosed structure.
Section 33. Article 2. Division 12. Institutional District, Section 2-1203.N. Utility/infrastructure
facilities is hereby amended as follows and renumbering the subsequent subsection as appropriate.
****
-l-: No abo";e ground structures are located adjacent to Q street right of 'Nay;
Section 34. 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. Min. Max. Min.
Lot Lot Setbacks Height Off-Street
Area Width (ft.) (ft. ) Parking
(sq. ft.) (ft.)
Front ' Side Rear
Comprehensive nJa n/a n/a n/a nJa n/a Determined by
Infill 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 o-~ 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- -2~IO 15- -20 30 2 - -3 per
. . 20,000 1,000OFA
serVIce agenCIes - I
- --
24
Ordinance No. 6928-02
Telecommunication
Towers
10,000
100
25
10
20
Refer to n1a
Section
3-200 I
Section 35. 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.
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;
25
Ordinance No. 6928-02
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 betwe~n 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 lt1 an improved site plan or
improved design and aRpearance:
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; Th~
reduction in side and/or rear setback resJ..!lts irLLl11 inWIoved ~it~_plan1
marc efficient Rarking or improvc..Q de~igD..mKL;}ppcaUJD.GS--,
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 36. Article 2. Division 13. Industrial, Research, and Technology District. Section 2-
1303, is hereby amended as follows:
Table 2-1303. "IRT" District Flexible Standard Development
Uses Min. Min. Min. Max. Min.
Lot Lot Setbacks Height Off-Street
Area Width (ft.) (ft.) Parking
(SQ. ft.) (ft.)
Front * Side!
Rear
Automobile 20,000 100 20 15 30 4/1000 SF GFA
Service Stations
Major Vehicle 20,000 100 20 15 30 4/1000 SF GFA
Service
Manufacturing 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
/Entertainment as determined by
the Community
Development
Coordinator
based on ITE
Manual
standards
Outdoor Storage accessory nJa 20 15 30 Accessory
Parking lots 10,000 100 20 IS n/a n/a
Public Facilities 10,000 100 20 IS 50 1-2 per 1,000
GFA
Public n/a nJa nJa n/a 10 n/u
Transporta tion
Facilities (1)
26
Ordinance No. 6928-02
Research and 10,000 100 20 15 50 2/1,000 SF GFA
Teclmology
Residential 5,000 50 20 15 30 3/1,000 SF GFA
Shelters (2)
Retail Sales and n/a n/a N/a n/a n/a n/a
Services
Restaurants nla n/a Nla n/a nla n/a
Self Storage 10,000 100 20 15 50 2/1000 SF
TV /Radio 10,000 100 20 15 50 4/1 000 SF GF A
Studios
Utilityl nla nla 20 15 n/a nla
Infrastructure
Facilities (3)
Vehicle 40,000 200 20 15 30 1.5/1 ,000
SaleslDisplays SF Lot Area Lot
and Major Sales Area
Vehicle
SaleslDisplays
(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
Wholesalel 10,000. 100 20 15 50 1.511,000 SF
Distribution! GFA
Warehouse
facility
Use
Mill. Lot
Area
(sq. ft.)
i\1ilz. Lot
Width (ft.)
lv/ill. Setbacks (ft.)
1'v/ ax.
Height
(fi .)
lv/in. Off-
Street
Parking
Section 37. Article 2. Division 13. Industrial, Research and Technology District, Section 2-
1303.P. Utility/infrastructure facilities is hereby amended by deleting subsection as foIIows and re-
lettering the subsequent subsection as appropriate.
-h No above ground struotures are located adjacent to a street right of way;
Section 38. 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
27
Ordinance No. 6928-02
Front Side Rear Corner
Side
Yard (1)
Property
with
underlying
zoning of
LDR:
Community 30,000 +00 ~ +&- ~ ~ :W Har
Residential attuchea
,HomeD (6 or garage per
femer dwelling
,y
residents)
Detached 30,000 , 100 25 15 25 25 30
2 car
Dwellings attached
m garage per
dwelling
Property
with
underlying
zoning of
LMDR:
Community 9,000 8G ~ :;- -l4 ~ :W ~
Residential attaohed
Homes (6 or garage per
fe.Her d'.vclling
,..
residents)
2 car
Detached 9,000 80 25 7 10 20 30 attached
Dwellings garage per
ill dwelling
28
Ordinance No. 6928-02
(1) A comer side yard is the side yard of a corner lot that abuts a public right-of-way.
(2) Community Residential Homes (6 or fewer residents) shall be considered a detached
dwelling.
Section 39. Article 3. Division 2. Development Standards. Section 3-201.BA. 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 ed~e of the Rrincipal sh'ucture.
Section 40. Article 3. Division 2. Development Standards. Section 3-201.B. I O. is hereby added
as follows and renumbering the subsequent subsections as appropriate:
* * * *
10. hl-ground pools that are 12 inches or less above grade shall be classified as an
accessory structure. In-ground pools that are greater than 12 inches or more
above grade shall be classified as a principal structure.
29
Ordinance No. 6928~02
Section 41. Article 3. Division 6. Dock/Marina Standards. Section 3-60 1.e. l.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 line as extended into the water, whichever is less,
unless the dock is proposed to be shared by adjoining properties whereupon the
dock may be constructed on the common property line provided that all other
standards of this division are met. BoatIifts 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
property lines.
Section 42. 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 43. Article 3. Division 7. Erosion and Siltation Control. Section 3-702.B. is hereby
amended as follows:
B. Stabilization 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
detennines that the circumstances do not require such covering. Within 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 pennanent soil stabilization
measures according to the original construction plan, whether by impervious
surface or landscaping.
M ',. ! l, .' '. ,p ~', . '..., .: t ' .: . " , ' . .
Section 44. Article 3. Division 8. Fences and \Valls. Section 3-804.A. is hereby amended as
follows:
A. Front setback. Walls and fences located in a front setback of a principal
structure shall be permitted to a maximum height of thirty-six (36) inches with
the following exceptions:
* * * *
Section 45. Article 3. Division 8. Fences and Walls. Section 3-804.B. is hereby amended as
follows:
* * * *
B. Side and rear setback areas. Fences and walls shall be permitted to a maximum
height of six (6) feet in the required side and rear setbaeks 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 ("IRT").
****
Section 46. Article 3. Division 8. Fences and Walls. Section 3-805. Chain link fences is hereby
amended by adding provision to prohibit chainlink fences in the Downtown 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 Downtown District.
:z4 B Front setback. Chain link 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.
fJ.:.D. 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 intemal side of the fence along the
entire length of the fence.
30
Ordinance No. 6928-02
I. ,. , . . I. r,' .' ..
, , .., , .' ...
Insert to Ordinance No. 6928-02.
Section 45a. Article 3. Division 8. Fences and Walls. Section 3-804.F. is hereby amended
'by deleting it in its entirety:
****
F. Exception for attached dwellings. No fence or wall over feHf six feet in
height shall be permitted on any attached dwelling lot, except where the
fence or wall is installed along the boundary of the property, in which case
the fence or wall shall be uniformly designed and shaH meet the height limits
and other standards otherwise applicable to the fence or wall.
****
30A
.Jd..:.E. Public or private recreational facilities. Chainlink fences 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 3-805fAj au above.
* * :I< *
Section 47. 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 48. 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 49. Article 3. Division 9. General Applicability Standards. Section 3-908. Permitted
encroachments into setbacks and over street rights-of-ways is hereby amended as follows:
* * * *
A. Building projections which are affixed solely to the building and not directly affixed
to the ground such as building fascias, roof overhangs. eaves. canopies other than
freestanding canopies, awnings, marques, and other similar projections, shall be
permitted to project into required setbacks as specified below.
31
Ordinance No. 6928-02
****
Section 50. 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.
All goods and materials shat1--l:1e stored in {l-mmmer that is not visible from the
~e-fi.ght of wuy oF-ffem-tHijaoo~perHes-:
Section 51. Article 3. Division 9. General Applicability Standards. Section 3-915.C. Uses
involving vehicles is hereby amended as follows:
>I< :I< '" *
C. No repair of any vehicle is permitted in any residential zoning district unless
such repair is ei~HeF 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 an.: penni!tcd anywhere on the
property. Under no cin.:umstancL' shall stich repair be conducted as a commercial
activity.
Section 52. Article 3. Division 9. General Applicability Standards. Section 3-916. Vending
machines is hereby amended as follows:
* '" * *
C. No more than two (2) vending machines. per development site. shall be
permitted outside of any building. unless such machines are not visible from any
public right-of-wav or any abutting property. Signage allowed on vending
machines shall be flush with the machine and shall be limited to thirty-five (35)
percent of the machine's front face. including the selection choices. The
remaining front face of the vending machine shall be of a similar color as the
si~age. No signage shall be allowed other than on the front of the vending
machine.
Section 53. Article 3. Division 12. LandscapingfTree 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 HI 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
five 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.
32
Ordinance No. 6928-02
Palm Tree 10' clear and straight tnmk. Florida Can be used to satisfy 75% of tree
Grade # I requirements on Beach, Sand Key
& Island Estates, 25% elsewhere
in the City. Staggered clusters of3
palm trees = 1 shade tree, except
for specimen palm trees such as:
phoenix canariensis (canary island
date palm), phoenix dactylifcra
(edible date palm) and phoenix
recIinata (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)
with a 3 gallon minimum
Ground Cover 1 gallon minimum - planted a Florida Encouraged in lieu of turf to
maximum of24" D.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.
33
Ordinance No. 6928-02
Section 54. Article 3. Division 12. Landscapingffree 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.
Section 55. Article 3. Division 12. Landscaping/Tree Protection. Section 3-1204.D. is hereby
amended as follows:
D. All landscaping required by this oivision must be protected from vehicular and
pedestrian traffic by the installation of concrete curbing, anq 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 56. Article 3. Division 12. Landscaping/Tree Protection. Section 3-1205.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 57. Article 3. Division 12. Landscapingffree Protection. Section 3-1205.D. Tree
Protection is hereby is amended as follows:
3. When the Community Development Coordinator determines 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 determine 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.
34
Ordinance No. 6928-02
Section 58. Article 3. Division 12. Landscapingffree Protection. Section 3-1205.D.5. Tree
Protection is hereby is amended as follows:
g . Waiver of replacement trees' specifications. The oity 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 oity 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 59. 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 Replacement Requirements for Public Utilities Projects. The
Community Development Coordinator may exempt the city from the tree
replacement requirements solely for public utilities proiects.
Section 60. Article 3. Division 12. Landscaping/Tree Protection. Section 3-1205. Tree
Protection is hereby amended by adding subsection G as follows:
G. Protectio!l.Q[Jree trunks. It shall be unlawful to llSCJn~C spikes or Q.Lheuj~vic~s tDm
damage tree ~runk tissue of prot~cted trc_cs.
Section 61. Article 3. Division 13. Outdoor Lighting. Section 3-1302. is hereby amended 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 from the boundaries of thc
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.
* * * *
35
Ordinance No. 6928-02
Section 62. 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. The Community Development Coordinator may require an applicant to prepare a
parking demand study in conjunction with a request to make deviations to the
parkin€! standards. Prior to the preparation of such study. the methodology shtl.11
be approved by the Community Development Coordinator and in accordance
with accepted traffic engineering principles. The findings of the a study will be
used in determining whether or not deviations to the parking standards are
approved.
Section 63. Article 3. Division 14. Parking and Loading. Section 3-l403.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 stonnwater.
Section 64. Article 3. Division 14. Parking and Loading. Section 3-1403.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 zoned for any multiple famity-ef nonresidenttu-Htse unless
specifically authorized in this section.
Section 65. 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-Iettcring the subsequent
subsections as appropriate:
e.: AH-y-serHt-t-Fae-leHr-a-~ler-tftw-k-Of-c-a h~
Section 66. Article 3. Division 14. Parking and Loading. Section 3-1407.A.2. Parking
restrictions in residential areas is hereby amended as follows:
* * * *
2. Within sctback arctl from thc strcct right of way. Between princival structure
and right-of-way. The following vehicles shall not be parked or stored, in whole
or in part) within any required setback area from n street right o.f:-way between
any portion of the principal structure and any right-of-way line in a residential
zoning district:
* * * *
Section 67. Article 3. Division 14. Parking and Loading. Section 3-l407A.2.d. Parking
restrictions in residential areas is hereby amended by deleting subsection and re-Iettering the subsequent
subsections as appropriate:
d. Any semi tractor trailer truck or cab;
Section 68. Article 3. Division 14. Parking and Loading. Section 3-1407.A.4. Parking
restrictions in residential areas is hereby amended as follows:
36
Ordinance No. 6928-02
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 69. 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:
~ 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 70. Article 3. Division 14. Parking and Loading. Section 3-1407.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 &i-Jt twenty-four hours
and provided such activity does not occur at the same location more than two
times per month.
Section 71. Article 3. Division 15. Property l'vlaintenance Standards. Section 3- I 502.C.3.
Property maintenance requirements is amended as follows:
3. Ground level s-tere4=fem windows facing a public 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 72. 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 Hor may goods and materials be stored in any manner whioh is ,..isible
from the publio right of \vay or from abutting properties.
Section 73. 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.
37
Of'clin8llCe No. 6928-02
Section 74. Article 3. Division 15. Property Maintenance Standards. Section 3-1502.K.4. 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 75. 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. All seawalls shall be maintained in a structurally
sound condition and shall comply with applicable building and coastal
construction codes.
Section 76. Article 3. Division 15. Property Maintenance Standards. Section 3- I 503.8.5. IS
hereby amended as follows:
5. Any accumulation of WCt~ds, debris, trash, garden trash, Junk, untended growth
of vegetation, or undergrowth of dead or Jiving vegdation or untended-amI/of
ttnfen-€e(l-swin'1ming-t1Ho!s b.n?~m.:~J~2JIS swiJnn1.i.ngJ1Q~ll~, or hazardous treL:S upon
any property to the extent and manner that such propL:rty contains or is likdy to
, . I . ,.... . ".. . ' I, , , ,'" .. I ~ . . . -', ':. . t. " t' " . \ . '. ; \',' ~ I. * .
contain rodents, reptiles or other vermin, or furnishes a brceding place for flies,
mosquitoes, or wood-destroying insects, or otherwise thrcatens thc public health,
safety or welfare.
Section 77. Article 3. Division 15. 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 are found in and
on the right-of-way or such that the 'Needs 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 78. Article 3. Division 15. Property Maintenance Standards. Section 3-l503.B.10. is
hereby amended as follows: .
10. The lack of maintenance 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 79. Article 3. Division 15. Property Maintenance Standards. Section 3-l503.B.
Nuisances is hereby amended by adding subsection 3-1503.B.13. Seawalls as follows:
13. Seawalls. Any seawall in a condition where the structural integrity IS not
maintained.
Section 80. 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 signs required or erected by permission of the City ~1angcr 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 81. Article 3. Division 18. Signs Permitted Without a Pennit. Section 3-1805. A. is
hereby amended as follows:
A. One address sign of no more than two square feet of total sign face area for each
parcel of land used for residcntial purposes and no more than three square fcet of
total sign face area for each parcel of land llsed for commercial purposes. The
square footage for the address sign shall be allowed in additiol1 to thc_ total
square of sil'11age footage allowed in Section 3-1806.
38
Ordinance No. 6928-02
Section 82. Article 3. Division 18. Signs Permitted Without Developmcnt Review. Section 3-
180S.S. is hereby amended as follows:
S. A change in a sign message or pancl on a prcviously approved) lawful sign-;- ~
any sign allowed under this ordinance may contain, in lieu of any other coPy,
any otherwise lawful noncommercial message that complies with all other
requirements of this ordinance.
Section 83. Article 3. Division 18. Permitted Signs Requiring Development Review. Section 3-
1806.B. 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. including all out parcels. 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 84. Article 3. Division 18. Permitted 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 a comer may be permitted two signs,
one at each street frontage, provided that the maximum area of the sign faces of
the two signs ;:;haIl not exceed the total maximum allowable area. Sign area is
measured from the road frontage which results in the greatest square footage.
Section 85. Article 3. Division 18. Permitted Signs Requiring Development Review. Section 3-
1806. B.t.c. Area of Freestanding Signs is hereby amended as follows:
lll. Sixty-four square feet; whichever is less. However, a minimum of ten 20 square
feet per parcel proposed for development shall be allowed.
Section 86. 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 permitted one freestanding sign to a maximum of 14 feet in height above the
crown of the road, as measured at the highest point of the roadway within the
property lines that are perpendicular and adiacent to the elevated roadway
excluding any service or frontage roads.
Section 87. Article 3. Division 18. Permitted Signs Requiring Development Review. Section 3-
l806.B. Attached Signs is hereby amended as fol1ows:
39
Ordinance No. 6928-02
. . " . I . . . '. . " '. .' 'i.' . . . ' . r . '. _.' .. . 1 ... ." ~.. . , "
3. Attached signs. The following 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 ofterl
twenty square feet per business establishment with a principal exterior
entrance shall be allowed. The Community Development Coordinator
may permit signs for second story or above businesses in the Downtown
and Tourist Districts if they meet all other criteria for attached signage.
b. Where individual building business establishments with exterior
entrances are located in a single building~ eF-ffi multiple multi-tenant
buildings ~.vhioh arc attached, or as part of a business/office complex or
shopping centert attached signs shall be designed according to a common
theme but be suffioiently different in including similar stylet color,
material and other characteristics to provide avoid a sense of uniformity
or sameness. Changes to individual tenant signage shall be reviewed for
compliance with the established or projected theme of the development
site.
c. Projecting signs may be used as a type of attached sign in the Downtown
CD) and Tourist (TI districts, unless otherwise permitted by the
Community Development Cordinator. They shall be installed with a
minimum eight-foot clearance from the bottom of the sigg to grade or
the sidewalk. Projecting signs shall comply with encroachment into
setback and rights-of-way Section 3-908.
Section 88. Article 3. Division 18. Comprehensive Sign Program. Section 3-l807.B. Permitted
Signage is hereby amended as follows:
B. Permitted sigllage. Signage \vhioh is proposed as part of n oomprehensive sign program
may deviate from the minimum sign standards in terms of number of signs per business
or paroel of land, maximum area of a sign face per parcel of land and the total area of
sign faoes ~usiness or parcel of land, subject to compliance with the- flexibility
oriteria set out in Section 3 1807.C. Monument signs, peFmitted pursuant to section 3
~~B.I.g and Section 3 1806.B.2 sha-J.l.-Hot be eligible for cOffifn=e.fiensive sign program.
A-oomflrehensi~,re sign-pregmffi-Sflall be approved as part of a level ooo-eF- level-twe
appro'loI, as the case I1l&y-ge-;
1. Signage which is proposed as part of a comprehensive sign program may
deviate from the minimum sign standards in terms of number of si~
per business or parcel of land, maximum area of a sign face per_parcel of
hmcl ancLth~..JotnLl1re'L of sign faces per business or Qarfel of land,
~ubicG.Lt!Lcompliance with the flexibility criteri~ set out in Section 3-
40
Ordinance No. 6928-02
1807.C. Monument signs. permitted pursuant to section 3-1806.B. I.g
and Section 3-1806.B.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 comp-rehensive 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 sign plan for shopping centers, including all out
parcels. and office complexes shall include all types of signs for all
tenants/uses within the development parcel. The Community
Development Coordinator may allow for flexibility in reviewing the
master sign plan if it results in a substantially improved and
comprehensive proposal. With a master sign plan, the Community
Development Coordinator may permit interior site directional signs at a
size and location(s) related to the development project, with up to a
maximum height of six feet.
41
Ordinance No. 6928-02
Section 89. Article 3. Division 18. Comprehensive Sign Program. Section 3-1807.C.1.
Flexibility Criteria Architectural Theme is hereby amended as follows:
b. The design, character, location and/or materials of all freestanding and attached the
signs proposed in a comprehensive sign 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 integrated
into/with the design of the building and/or site using similar and coordinated design
features, materials and colors, etc.
Section 90. 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
sffigle attached sign with a sign face of no more than 12 square feet may be erected
up to the height of the building-;
Section 91. Article 3. Division 18. Comprehensive Sign Program. Section 3-1807.C Total Area
of Sign Faces is hereby amended as follows:
4. The total nre~ maximum sign fa€es-wh4€h arc proposed as pat=k).f area pem1itted
through a comprehensive sign program shall oot exceed t\vo times the total area of
s-ign-faoo5-f}eA-WHed-ttflGeHflaHrHHtHll:lt1Hiign standards on-the parcel preposed for
eeveleptllelTt-be regulated as follows:
h___t\ttached signs -- The maximum areaJlermitted is up to five,~rcel1j_of the
building..f~adc to which the sign is to be attached.
11. Freestanding signs - The maximum area permitted is up to two times the
total area of sign faces as calculated by the street frontage or building
fayade in methods in 1806.B.l.c.i. and .ii. whichever is less.
Section 92. Article 3. Division 18. Comprehensive Sign Program. Section 3-1807.C. is hereby
amended by adding subsection 3-1807.C.9. Number, Size and Location of Signs as follows:
9. Number. Size and Location of Signs: When considering the number. size and
location of freestanding and attached signs. the Community Development
Coordinator shall consider: overall size of site. relationship between the building
setback and sign location. frontage. access and visibility to the site. intended
traffic circulation pattern. hierarchy of signage. and submittal of a master sign
plan for the development parcel/proiect.
Section 93. Article 3. Division 21. Temporary Uses. Section 3-2103.B.3.g. Portable storage units
is hereby amended as follows:
g. A sticker shall be affixed to all portable storage units indicating the most recent
delivery date. the date on which the portable storage unit is was delivered to a
property .
Section 94. Article 3. Division 21. Temporary Uses. Section 3-2103.B.3. Portable storage units
is hereby amended by adding subsectionj. as follows:
ok The Community Development Coordinator may allow portable storage units to
be located on a property for a longer period of time than specified in Section 3-
2103.C.2 in emergency situations. The Community Development Coordinator
may allow a period of 15 davs for a portable storage unit to be located on a
property and may allow an additional 15 days if extension is required to
complete emergency repairs.
Section 95. Article 4. Division 2. Applications for Development Approval. Section 4-202.A. is
hereby amended as follows:
A. Basic information required for all applications. Except as provided in subseotion
23 for fenoe permits, or unless otherwise inapplioable for the permit sought, a
All applications for development approval shall include the following
information:
* * * *
Section 96. Article 4. Division 2. Applications for Development Approval. Section 4-202.A.7. is
hereby amended as follows:
7. A f:!l-at-ef-t:eoord or ggrred and sealed survey of the property including the
dimensions, acreage and locution of the property prepared by a registered land
surveyor showing all current structures/improvements.
Section 97. Article 4. Division 2. Applications for Development Approval. Section 4-202.A.ll.
is hereby amended by adding subsection 4-202.A.ll.y. as follows:
42
Ordinance No. 6928-02
. . _ ,I J '.' ' '. ~ tJ . J.... '" ',' - '. .\ ~ .': .:. : ~ '.
'k Type and location of all attached and freestanding signage for compliance with
Article 3. Division 18. Signs.
Section 98. Article 4. Division 2. Applications for Development Approval. Section 4-202.A.25.
is hereby amended as follows:
d. If the For all proposed development is for a single family d'.velling or accessory
HSe; a fJlot plan signed and sealed survey with the following infornlation:
1. Existing and proposed fences and landscaping.
11. The proposed height and materials of the proposed fence.
. Section 99. 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
revising the third box as follows: "Notice to Adjacent Property Owners (flexible standard
development). tl
43
Ordinance No. 6928-02
Section 100. Article 4. Division 2. Applications for Development Approval. Section 4-206.C.2.e.
Public hearings is amended as follows:
e. By posting a sign for level three (3) approvals only. at least six square feet in
area and not exceeding six feet in height facing the street(s) on the parcel
proposed for development.
Section 101. Article 4. Division 2. Applications for Development Approval. Section 4-206.D.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 102. 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
f*Bperty O\vncr abutting the property an applicant or property owners within the
required notice area and who presented competent substantial evidence 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 shaH stay the effect of the decision pending the final determination of the
case.
Section 103. Article 4. Division 2. Applications for Development Approval. Section 4-502.B.
Application/notice of appeal is hereby amended as follows:
B . AA-aWlt€n.t1(JI1ffietree-ef.apf1efrl-e-t:-frHy-.aetiisien-&f-lhe--{;-itn-as-J*f.>-viae8-~H-5eefi.efl
4-5G-~, f~~lpcal of all other applic~Ltions other thalJ-.lfycl one il12proval flexible
~tat19ard may be initiated by the applicant1 or Q.y ,my 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 conununity development coordinator identifying with
specificity the basis for the appeal and accompanied by a fee as requircd by
section 4-202(E). The filing of an application/notice of appeal shall stay the
effect of the decision pcnding the final determination of the case.
""
Section 1 04. 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 appelIant(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
shull be approved, along '''lith any other oonsent agenda itcms, by a vote of a
majority of the members of the board If the appeal is not removed from the
consent agenda. the decision of the Community Development Coordinator is
confirmed as part of the consent agenda by a vote of the majority 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 105. Article 4. Division 2. Applications for Development 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-
50l(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) ami the hearing shall be oonducted 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.S74(l)(a), (b). (c). and (d) shall not apply. No
discovery. whether on motion or otherwise. shall be allowed in the proceeding.
no order refelTing the case back to the formal adjudicatory 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 4-50S.D. and
not under Florida Statutes Section 120.68.
Scction 106. Article 4. Division 2. Applications for Development Approval. Section 4-505.D.
Community dcvelopment board appeals is hereby amended as follows:
44
Ordinance No. 6928-02
D. The hearing officer shall render a decision within 45 days of the hearing tn
accordance with the-pHWtsWRs-Q~n~%fI+)fSt 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 apRlication or decision which is the
subject of the appeal. The decision of the hearing officer shall be final, subject to
judicial review by petition for writ of OOtlffiloo-law 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.
45
Ordinance No. 6928-02
Section 107. Article 4. Division 6. Level Three Approvals. Section 4-602.A. Purpose and
applicability is hereby amended as follows:
A. Purpose and applicability. The Zoning Atlas -ef-the City of Cleanvater consists of-a
map of the city, published in the form of an atlas or book containing a title and
summary page and additional separate sheets, each cOllaring a portion of the oity,
depioting all real property within the oity and designating the "larious zoning distriots
and the boundaries thereof. The zoning atlas shall be in sufficient detail so that
property o\'mers may locate their properties '.vith respect to the zoning distriot
boundnry 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 108. Article 4. Division 7. SubdivisionIPlats. 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. fu 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 final plat approval must obtained
before a building permit may be issued. Evidenoe of the recording of an
approved final p-l-at-must be submitted prior to the issuance of a ocrtificate-ef
eeeavan~
Section 109. Article 4. Division 7. Subdivision/Plats. Section 4-708.C. Recording of final plat is
hereby amended as follows:
C. Evidence of recording a tinal plat shall be submitted prior to the issuance of a
!be ee-f~i-fie-ate-&f-eooufJafl&Y first building permit. The Community Development
CoordiD.~tor may allow certain types of pcnnits such as demolition, site and
lItili~YJ2~.nnits to be issued for construction QIjor jo recording tIlc final plat. lip-on
written r~il~lest by the sl!!!~livider, 12ro'{jdcciJhc_!1!lfll plat has been \!Ql2[ovecl.
. . . ' . . , '. .' '.. , 1 '. \ ':., :., \,'. ' : '\, '" . , ~ ;. . . '." I .
Section 110. Article 4. Division 12. Tree Removal Permit. Section 4- I 202.A. Removal pennit
application is hereby amended by deleting the subsection and renumbering the subsequent subsection as
appropriate:
* * * *
4. A cop)' of the Level One or Level T't\'o i\pproyal associated with the tree
removal.
* * * *
Section Ill. 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~;-€*eept when assooiated with a demolition permit
that does not involve ne'.v oonstruotion 8r a redevelopment projeot. If no level
one or level two approval is required a Ne land clearing and grubbing permit
shall be granted unless it if the permit request is in conformance with the
provisions of this division or the terms ofa prior approval.
Section 112. 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 may be used to: (1) Implement the goals and
policies of redevelopment plans and/or special area plans approved by the City.
the Pinellas Planning Council and the Countywide Planning Authority; (2)
Protect designated environmental. open space. archaeological. historical or
architecturally significant sites.
Section 113. Article 4. Division 14. Transfer of Development Rights. Section 4-1402. Allocated
development rights are freely transferable is hereby amended as folIows:
Section 4-1402. Allocated development rights are freely transferable.
DevelopmeR-t-fights of II previously devclepea-s-He--ma)' be tfa~te at any time,
te-tfle-same-e:x-tent-ana-itHhe-same-lffiffineF-a5-frny-etfler-H-lterest-iiHc 01 prop ert)' provi d e4-tflat
t-fle-aens-i ty-a ntller-l ntensit-y-ef-the reee l vffig-s-ite-is-ne-t-e-X€eeae4-by tv.' en ty perc~O%-)-e.f
thtHle-velopnH~lrt-petent-HtHtf.+he-s-ite-tffier-tf)-the-tfan5-fer~T-he-tFansfef-shat~i-n-the-feFitre-f
a-spee-lu+-wa FfU n~)'-ileetl,wh leh-5htt~kpe€ if y-t hc-illlh1U flt-HHr-nH5-~fafHfr-Ele-vel-ej:1I-HenHighffi
46
Ordinance No. 6928-02
which are being conveyed or sold and the-renl propefiy-fffitll-wfl.&MHe-Fjghts are tFaflSfeFre4
The special 'Nurrun!)' deed-sfla~fl-a---efWenatlt--festf-K:-+ing-itr-pef~t-uity-t-he use of the
parcel from which the-fi-gflt5-hu-ve-beefl-trHfls-ferred-:
Development rights of a pre-viously de-~ed site parcel of land may be transferred to
any site parcel of land at any time. to the same cxtent and in the same manncr as any
other interest in real propcrty provided such transfer is in compliancc with the
subsections 1. 2. 3. and are permitted only in circumstances outlincd in either 4 or 5
below.
1. Any mortgage holder of the sending parcel shall consent to the transfer of
development rights.
2. The sending parcel shall be in compliance with all property maintenance standards
specified in Article 3 of this code.
3. The transfer shall be in the form of a special warranty deed. which shall specify th~
amount of transferable development rights which are being conveyed or sold and
the real property from which the rights are transferred. Additionallv. the special
warranty deed shall contain a covenant restricting in perpetuity the use of the parcel
from which the rights have been transferred.
4. For parcels receiving density/intensity transferred from a designated environmental.
open space. archaeological. historical or architecturally significant site.
densitvlintensitv may not exceed twenty (20) percent of the permitted development
potential of the site prior to the transfer.
47
OrdinC:lI1ce No. 6928-02
5. For parcels located within an area designated Central Business District (CaD) or
Communi tv Redevelopment District (CRD) on the Countywide Future Land Use
Plan map or parcels governed by approved redevelopment or special area plans. a
site may only receive density/intensity transferred from within the CBD. CRD.
redevelopment plan area or special area plan district. and may not exceed the
otherwise applicable maximum density/intensity by twenty (20) percent provided
that the governing plan makes specific provisions for the use of transfer of
development rights.
Section 114. Article 4. Division 14. Transfe~ of Developmcnt Rights. Section 4-1403.C. Use of
transferred development rights is hereby amended as follows:
1. +he-pure-eJ-.};}fopesed-fuHlevek>pment is looated ift4he city The scnding sitc 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 fcet 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 calTida!"s arc incorporatt:d in the dcsign of the parcel proposed for
dt.:vclnpmcnt and all design standards in Article 3 Division 5 are otherwise satisfied,;,
: .and
. . ~ < '. ' . . ,
, ",..-.."
l.:. Development rights transferred for the protection of environmental. open space,
archaeological. historical or architecturally significant sites located on the
mainland may be transferred to any parcel of land which is located on the
mainland.
4. There shall be a reasonable relationship between the number of units transferred and
any increases in building height. Compatibility with the surrounding area and
feasibility of the proiect shall be considered when approving any increase in height.
Section 115. Article 4. Division 14. Transfer of Development Rights. Section 4-l403.E Use of
transferred development rights is hereby amended as follows:
E.
2. Development rights transferred for the protection of environmental, open space,
archaeological. historical or architecturally significant sites 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.
~ Development rights transferred within a Community Redevelopment District.
Central Business District, or other designated redevelopment area governed by
an approved redevelopment or special area plan, may be transferred only to
property located within the same designated redevelopment area.
Section 116. Article 6. Nonconformity Provisions. Section 6-l02.B. Nonconforming structures,
is hereby amended as follows:
B. Normal repair and maintenance, such as painting. cleaning, replacement. and
repairin~ of same nonconfonnity may be performed on nonconforming
structures.
Section 117. 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 ohangeable oo~ sign for a period of 30 days, the sign shall
become unlawful.
Section 118. 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:
(;;. G&reeiion of violtifieH-J*ieHO Izcclring. If, ~r-ioF-te-tfle-scltedHted-heaHng;-4e
violation-is coneet-ea,t-he-fiear-ing-eJt-the violatien-sfloll be commHed for n peFiee
of six moltths-and-iFH-hc cvenHflere-is-t1e-Fe6UfFenee-af.-t.he-viel-at-ietT;-th~
of vi 0 loti en--snal+-OO-tieeme6-MH:l6fa..wtr..-I.khe--viola+ioo-is-flt>t-ooFreete6-pf-iof-te
wheffiHee-hear-iH.g,-ffi:...the-y.if.1~attt)&-fe-eGeUF5-pfief-te-tHe---e la})stH)k iX-fHB>>H1S;-
tfle-viela-t-ien--s-hftl+-~}e-t)re-seftted t 0 the-sl~ial-Jt1fHTteF--oF-~he-mun-ie-~}al-€ode
e-Jooreemen t-hea nl-:
48
Ordinance No. 6928-02
Section 119. Article 8. Section 8-102. Definitions is hereby amended as follows:
49
Ordinance No. 6928-02
* * * *
Accessory structure 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; ana 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, doublefrontage means a lot bounded on opposite or approximately opposite sidos
by strects.
****
Lot. double frontage means a lot bounded on opposite or approximately opposite sides
bv 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 code1 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 shaIl be
considered a single sign. Except for banner, flags, temporary amI 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 constlUcted of materials desig!}ed
to be permanent, withstand weatll~uonditions, and shall have pcrtl.1ancnt sUl2ports
nQQ.tQpriate for its size.
****
Sign, abandoned or obsolctc conforming means any sign and/or sign structure which no
longer advertises a bona fide 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.
* * * *
Sig.'l, area Sign area or surface 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 frem 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 shapers) around
the graphics/text: area for si~ 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 ofa building (e.g.
walls, mansard roof/wall, proiecting. awning, windows, or canopy), which encloses or
covers useable space.
* * * *
Sign, maintcnance. 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 si~ is needed to be replaced or repaired the sign shall be replaced
with a new. conforming sign and sign structure.
50
Ordinance No. 6928-02
* * * *
Sign. vortable 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 and/or 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 definition is not to be construed to include those signs 9njLlicfJl~.9J_G.U.b~i!
carrier, or signs that identify a fiml or its principal products on a vehicle, unless such
vehicle is parked in a location prominently visible from a street right-of-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 advertising devices as may be attaohed to
find vv'ithin the nomml unaltered lines of the vehicle of a-l-i€ensed 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.
****
TemporalY 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 are associated \vith 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 iudicial
process. whioh the special master or code enforoement board has jurisdiotion to enforoe.
51
Ordinance No. 6928-02
Section 120. 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 121. 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 122. 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 123. 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 124. 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 125. Notice of the proposed enactment of this Ordinance has been properly advertised in
a newspaper of general circulation in accordance with applicable law.
Section 126. The provisions of this Ordinance shall be effective on tvlonday, ivtay 6, 2002.
. .
p'
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Approved as to form:
Attest:
Leslie K. Dougall-Sides
Assistant City Attorney
Brian J. Aungst
Mayor-Commissioner
Cynthia E. Goudeau
City Clerk
52
Ordinance No. 6928-02
. . .
I SIGHT TRIANGLE I
RIGHTS-OF- WAY and DRIVEW A '(S
, 20' from property line
[
Exhibit A - Sight Visibility Triangle
~
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Exhibit C - Freestanding Sign
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.
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Exhibit B - Directional Sign
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.".'. '
List of Community Developnlellt Code Issues
(Revised Draft 3/07/02)
ARTICLE 1.
GENERAL PROVISIONS
Zoning District Boundaries
Bold indicates major policy issues.
Revised after 02-19-02 Commission
Public Hearing & after ordinance preparation
(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 "e", and "D"
Districts; add Neighborhood Conservation Overlay District to
chart; add Marinas and Marina facilities to the "I" District. 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 Diae: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
Ordinallcej
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 "LMDRu District Minimum
Standard Development. These are already regulated as accessory
structures in the Minimum Standard Development Diagrams.
[Page 5 of Ordinance.}
S:IPltlllllillg D/'ptl/'tm(,lltI2002 Code Amcl/(lmelltslNEW Comml/Ility Developmellt Code Issues 3/vIARCH02.doc
(5) Sec. 2-202
Mininlum Standard Developnlent 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 6 of
Ort/illa/lce]
Division 3. Medium Density Residential District
(6) Sec. 2-302
Minimum Standard Development Diaf!ram. 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]
Division 4. Medium High Density Residential District
(7) Sec. 2-402
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 6 of
Ordinallce]
Division 5. High Density Residential District
(8) Sec. 2-502
Minimum Standard Development Diaf!ram. Rename
"accessory uses" to "accessory structures" in district diagram.
Eliminate red'uced setbacks specifically for 'accessory
structures in the front setback in these districts. [Pages 6 of
Ordinance)
Division 6. Mobile Home Park
(9) Sec. 2-602
Minimum Standard Development Diaf!ram. 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
OrdilzQncej
Bold indicates major policy issues.
2
Revised after 02-19-02 Commission
Public Hearing &. after ordinance preparation
S:tP/allllillg Deplll'tmclltl2001 Code ,ll1Ic//(IIII(!II(slNf;W COII/III/lllity Devc!opm(,llt Code ISSIIC.f 3Mrl /l.CIIIJ ],rfn{.'
Division 7. Commercial District
(13) Sec. 2-703.Q Social and Community Centers. Add flexibility criteria for
Social and Community Center. [Page 10 of Ordinance]
(14) Sec. 2-703.8.1 Utility Infrastructure. Delete flexibility criteria that prohibits above
ground utility structures that are located adj acent to a street right-
of-way. Continue to enforce setback requirements as required.
[Page 10 of Ordinance}
(15) Table 2-704 Flexible Development Table. Add Marina Facilities. [Page 11-
12 of Ordinance}
(10) Table 2-702
(11) Sec. 2-703
(12) Sec. 2-703.H
Revise Minimum Standard Development Table by deleting
Marinas, adding Social and Community Centers and revising
parking standards for V chicle Sales and Displays from 2.5
spacesllOOO square feet of lot area to 2.5 spacesllOOO square feet
of sales lot area. Fix typographical error regarding rear setback in 1
retail sales and service from 120 feet to 20 feet. [Pages 6 - 7 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/1 000 square feet of lot area to 2.5
spaces/l 000 square feet of sales lot area. [Pages 7-9 of Ordinance}
Delete flexibility criteria for Marina Facilities. [Fage 9 of
Ordinance]
(16) Sec. 2-704.B Marina Facilities. Add flexibility criteria for Marina Facilities.
[Page 13 of Ordinance)
Division 8. Tourist District
(17) Table 2-802
(J 8) Sec. 2-802.E
Flexible Standard Development Table. Delete Marinas and add
Social and Community Centers. [Pages 14-15 of Ordinance}
Marinas. Delete flexibility criteria for marinas. [Page 16 of
Ordinance)
Bold indicates major policy issues.
3
Revised after 02-19-02 COIlUllission
Public Hearing & after ordinance preparation
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. , " . , r' 4 -.. ~. , . '. ' ,.' . . , .' .. . . . ,': . \. . .' ' " " , .: ~. . .
(19) Sec. 2-802.R.l Utility Infrastructure. Delete flexibility criteria that prohibits above
ground utility structures that are located adj acent to a street right-
of-way. Continue to enforce setback requirements as required.
[Page 16 of Ordinance)
(20) Sec. 2-802.R Social and Comnulnity Centers. Add flexibility criteria for this
use. [Pages 16-17 o/Ordb,allce}
(21) 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 17 of Ordinance]
Division 9. Downtown District
(22) Sec. 2-902
Flexible Standard Development Table. Add Indoor
Recreation/ Entertainment and Social and Community Centers
as flexible standard uses. [Pages 17-18 of Ordi/l an cef
(23) Sec. 2~902.E
Indoor Recreation/Entertainment. Add flexibility criteria for this
use. [Page 18 of Ordinance]
(24) Sec. 2-902.P
Social and Community Centers. Add flexibility criteria for this
use. [Pages 18-19 o/Ordinance]\
. (25) Sec. 2-902.0
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 19 of Ordinance)
(26) Sec. 2-903.H
l\1arina 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]
Division 10. Office District
(27) 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 19 of Ordinance)
Bold indicates major policy issucs.
4
Revised after 02-19-02 Commission
Public Hearing & aficr ordinance preparation
S:\P/mlllillg Dcpal'/ml:1lt12002 Code AlI/elldmclltslNEW COlI/l/lul/ity fkvdvl'lI/l'lI/ Code I.HIII'S 3M,., RCl102.doc
Division 12. Institutional District
(28) Sec. 2-1202 Minimum Development Standards Table. Delete Marinas as
minimum development use. [Pages 19-20 of Ordinance]
(29) Sec. 2-1203 Flexible Standard Developnlent Standards Table. Delete
Marina Facilities and add Assisted Living Facilities, Nursing
Homes, Social Community Centers and Congregate Care as
flexible standard use. [Pages 20-2 I of Ordinance]
(30) Sec. 2-1203.B Airport. Delete existing criteria and reference 1999 Airport Master
Plan study and permit short-term development projects identified
in the Plan as Flexible Standards Development and mid-term
development projects as Flexible Development projects. All
development at City's Airpark nlust relate to Airport Master Plan.
[Page 21-22 of Ordinance]
(31) Sec. 2-1203.F Marina and Marina Facilities. Delete flexibility criteria for
marina and marina facilities. [Page 22 of Ordinance}
(32) Sec. 2-1203 Flexibilitv Criteria. Add flexibility criteria for Assisted Living
Facilities, Nursing Homes, Social and Community Centers and
Congregate Care. [Page 23 of Ordill,allce}
(33) 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 24 of Ordinance]
(34) Sec. 2-1204 Flexible Development Table. Add Marina and l\1arina
Facilities as a flexible development use. [Page 24-25 of
Ordinallce)
(35) Sec. 2-1204.E Marinas and Marina Facilities. Add flexibility criteria for
marinas and marina facilities. [Pages 25-26 of Ordinallce]
Division 13. Industrial. Research. and Technology District
(36) Sec. 2-1303
Flexible Standard Development Table. Revise parking
. requirelnents for Vehicle 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 26-27 of Ordinance]
Bold indicates major policy issues,
Revised after 02-( ~).02 COlllmission
Public Ilcanng & after ordlllance preparation
5
S:IPlalllli/lg Depal'tmL'1l111002 Codc A 1/1 ('ndlllc/l1,1'1 NEIV COIII/ll/lllity IJn'c!ojJlIlt'lIt Cor/t! !.qrw.\' 3MA RCII02.dm'
(37)Sec.2-1303.P
Utility/Infrastructure 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 27 of Ordinance)
Division 16. Coachman Ridge Neighborhood Conservation Overlay District.
(38) Sec. 2-1601
ARTICLE 3.
Coachman Ridge Table 2-1601(D) "CRNCOD" Minimum
Development. Remove Community Residential Homes (6 or fewer
residents) from table and place as footnote "(2) Community
Residential Homes (6 or fewer residents) shall be considered a
detached dwelling." [Pages 27-28 of Ordinance}
DEVELOPMENT STANDARDS
Division 2. Accessory Use/Structure
(39) Sec. 3-201.B.4 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 28 of Ordinance]
lVlulti-Use Docks. Add variance provisions fo.' multi-use docks
500 square feet or smaller. [Page 29 of Ordina1lce]
(40) Sec. 3-20 I.B.l 0 Accessory Structures. Add new prOVlSIon 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 stnlctures. Renumber 3-
201.10 to 3-201.11 [Pages 28-29 afOrdinance]
Division 6. Dock Marina Standards
(41) 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 29 of Ordinance]
(41) Sec. 3-601
Bold indicates major policy issues,
6
Revised after 02-19-02 COlllmission
Public Hearing & aftcr ordinance prcparation
S:\P/llIrllillg Dcpa/'llIIclltl2002 Code Amelldlllcl1tslNEW COII/III/lIlily Dcvelopmel1l ('ode IS,I'IICS 3M" J{C'I /111. doc
Division 7. Erosion and Siltation Control
Division 8. Fences and Walls
Division 9. General Applicability Standards
(43) Sec. 3-702.B
(44) Sec. 3-804.A
(45) Sec. 3-804.B
(46) See.. 3-805
(47) Sec. 3-902.D
(48) Sec. 3-904
(49) Sec. 3-908.A
(50) Sec. 3-912.
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 29 of Ordinance]
Front Setback. Replace "setback" with "of a principal structure"
so fence regulations pertain to the area between the stnlcture and
the property line instead of the setback. [Page of 30 of Ordinance)
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 "IR T"
District to be eight (8) feet in height. [Page 30 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 3 0-31
of Ordinance]
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 31 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 31 of
Ordinance 1
Roof Overhang. Specify that roof overhangs and eaves may extend
40% into the required setback or 10 feet whichever is less, or 10
feet in the "e", "T", or "D" districts. [Page 31 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 31 a/Ordinance}
Bold indicates major policy issues.
7
Revised after 02-19-02 Commission
Public Hearing & after ordinance preparation
S:\Plallllillg Depn/'t/llent\2002 Code AlIIclIdlllclltslNEW COlIIl/lullity DCl'elopmellt Codt: {sw{'s .lMANCII02.doc
~ ~. . . . . N: . . .. " " : " I' ~} ~ . . $< ,"',..' ',.'! ~ I' .' " . . .'
(51) Sec. 3-915.C
Uses Involving V chicles. Remove "either" to limit areas where
vehicle repair is conducted within residentially zoned areas. [Page
31 of Ordinance]
(52) Sec. 3-916.C
Vending Machines. Add new provision that limits the number
of vending machines that may be located outside and the
amount of signage on eacb machine. [Page 32 a/Ordinance]
Division 12. Landscaping/Tree Protection
(53) Sec. 3-1202.B.l Minimum Plant Material Standards. Change requirements from
"Shade Tree 12' height, 4" caliper" to "Shade 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 32-33 of Ordinance]
(54) Sec. 3-1202.C.l Irrigation. Require irrigation systems to be permanent. [Page 33 of
Ordinance]
(55) Sec. 3-1204.D Perimeter Buffers. Change perimeter buffer standards to require
the installation of concrete curbing "and" wheel stops. [Page 34 of
Ordinance]
(56)Sec. 3-1205.B.2.a Criteria for Issuance of Tree Permit. Expand criteria used to
evaluate tree removal permits to include "species, tree structure,
competition" in addition to disease, insect attack, danger of falling,
proximity to proposed structures and interference with utilities.
[Page 34 of Ordinance]
(57) Sec. 3-1205.D.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 34 of
Ordinance]
(58) 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
34 of Ordinance]
Bold indicates major policy issues.
s
Revised after 02-19-02 COl11mission
Public Hearing & after ordinance preparation
S:\PIUllllillg Depnrtmelll12002 Code AlI/elldl/lelllslNEIV COli/mIll/it)' Development Cor/I.' Iss/les 3MA Rei /02.doc
(59)Sec. 3-1205.D.5.hWaiver of Replacenlent Requirement. Add new provision giving
the Cornn1unity Development Coordinator authority to exempt the
city from the tree replacement requirements for public utilities
projects. [Page 34 of Ordinance]
(60) Sec. 3-l205.G 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 34 ofOrdinanceJ
Division 13. Outdoor Lighting
(61) 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 35 of Ordinance]
Division 14. Parking and Loading
(62) Sec. 3-1401.C Parkine Demand Study. Add provIsIon that requires all
parking demand studies for reduced parking to be reviewed
and approved by the Community Development Coordinator.
[Page 35 ofOrdinallce]
(63) Sec. 3-1403.A Permanent Surface. Add "spaces" to this subsection so that all
parking areas are required to be paved. [Page 35 of Ordinance]
(64) Sec. 3-1403.B.1 Grass Surface. Delete references to multi-family and non-
residential uses. [Page 35 of Ordinance]
Bold indicates major policy issues.
9
Revised after 02-19-02 Commission
Public Hearing & aficr ordinance preparation
(65) See; 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
35 of Ordinance]
(66) 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 36 of Ordinance]
(67)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
36 of Ordinance]
S:\P/nlllli/lg Depn/'tme/l/\2002 Code AmendmentslNEW COII/lllIl/li~y Development Code IS,I'IIt'S 3M" RCIl02.doc
. . , , . ,- "~ I ," . . ;, ~ . " . ~ ~ _ , ',' :. , . " ..' , '~" .! ' .' ~ . ,4 ,
(68) 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 36 a/Ordinance]
(69) 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 penllitted on any
grass surface or other unpaved area zoned for any use unless
specifically authorized in this section." [Page 36 of Ordinance]
. (70) Sec. 3-1407.B.2
LoadingfUnloading/W ashing 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 36 of Ordinance]
Division 15. Property Maintenance Standards
(71) 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. [Page
370fOrdinanceJ
(72) Sec. 3-1502.G.l 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 37 of
Ordinance]
(73) Sec. 3-1502.G.3 Exterior Storage and Display for Residential Properties. Change
"may" to "shall" to clarify that materials are not pennitted to be
stored outside. [Page 37 of Ordinance]
(74) Sec. 3-1502.K.4 Parking Surfaces. Add "and driveway" after "parking lot" to
require the maintenance of driveways. [Page 37 of Ordinance]
(75) Sec. 3-1502.L Seawalls. Add subsection "L" "Maintenance of seawalls. All
seawalls shall be maintained in a structurally sound condition
and shall comply with applicable building and coastal
construction codes." [Page 37 afOrdinance]
(76) Sec. 3-1503.B.5 Nuisances. Change current wording "untended and/or unfenced
swimming pools" to "hazardous swimming pools." [Pages 37-38
of Ordinance]
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(77)Sec.3-1503.B.8 Nuisances (Right-of-Way 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 38 of Ordinance]
(78)Sec.3-1503.B.IO Nuisances (Right-of-Way Maintenance). Add "or easelnent" after
"dedicated right-of-way." [Page 38 of Ordinance]
(79)Sec. 3-1503.B.13Nuisance (Seawalls):. Add new subsection declaring UD-
maintained seawalls as a nuisance. [Page 38 of Ordinance]
DIVISION 18 - SIGNS
(80) Sec. 3-1803.L
(81) Sec. 3-1805.A
(82) Sec. 3-1805.S
(83) Sec. 3-1806.B
Prohibited Signs- Signs on Public Land. Correct typographical
error- change "Manger" with "Manager." [Page 38 of Ordinance]
Signs Permitted Without a Permit - Address. Clarify that address
sign shall be allowed in addition to the total square footage ot
signage footage allowed in Section 3-1806. [Page 38 of
Ordinance]
Signs Permitted Without a Permit - Sign Face Change. Replace
"sign message" with "sign panels" and further clarify that lawful
noncommercial message is allowed. [Page 39 of Ordinance]
Permitted Signs Requiring Development Review - Non-Residential
Signs. Require architectural coordination for all signs and require
master sign program for shopping centers and office parks. [Page
39 of Ordinance]
(84)See.3-1806.B.1.a Non-residential - Freestanding Signs. Add that sign area is
measured from the road frontage whieh results in the greatest
square footage. [Page 39 of Ordinance]
(85) Sec. 3-1806.B.
l.e.Hi
Non-Residential - Freestanding signs. Increase the minimum
area of free-standing signs from 10 square feet to 20 square
feet. (Added After 01-07-02 Commission Worksession) [Page
39 of Ordillallce]
(86)Sec.3-1806.B.1.h Non-Residential Siens - Signs at Elevated Intersections. Permit
freestanding signs 14 feet above tile highest point of the road
adjacent and perpendicular to sign location. [Page 39 of
Ordinance]
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~. ~ ". - ' , .. . ~ .: " . \'. .. - . {.....',. , f. _ : _ . .' t ~
'. . It. I . . \' I '0- ", " -, ' ' . , "r. , . ~ . . ," I,:'. " .. ' ' '. . '\' . .: ,fa.. ',' . . , '. '''.
(87) Sec. 3-1806.B.3 Non-Residential - Attached signs. Clarify calculations for attached
signage is based on the fayade 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 criteria for attached sigtlage. 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 permitted in
the T and D Districts as attached signs and 11lust be 8' above
sidewalks. [Pages 39-40 of Ordinance]
(88) Sec. 3-1807.B Permitted Signage through Comprehensive Sign Program. Strike
through entire section to refomlat subsequent subsections. Add
information 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 40-41 of Ordinance]
(89)Sec.3-1807. C.l.bComprehensive Sign Program - Design Requirements. Require all
signs in a comprehensive sign program to be architecturally
integrated and coordinated. [Page 41 of Ordinance]
(90)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 41 of
Ordinance]
(91) Sec. 3-1807.C.4
Comprehensive Si2n Program -Area of Si2n Faces. Clarify that
attached signs may be up to five percent of the building fac;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
CODlmissioll Worksession.) [Pages 41-42 of Ordinance]
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(92) Sec.3-1807.C.9. Add that the Community Developlnent Coordinator will consider
many criteria when detennining I1ll1nber and location of attached
and freestanding signs, including: overall sitc sizc, frontage,
access, visibility to sitc, intended traffic circulation pattern,
hierarchy of signage and submittal of a master sign plan. [Page 42
of Ordinance]
Division 21. Tenlporary Uses
(93) Sec. 3-2103.B.3 Portable Storage Units. Clarify that required sticker must reflect the
most recent delivery date. [Page 42 of Ordinance)
(94) Sec. 3-2103.B.3 Portable Stora2e Units. Add provision for Community
Development Coordinator to allow portable storage units in
emergency situation for 15 days with possible extension of
additional 15 days if needed. [Page 42 of Ordinance]
Division 2. General Procedures
ARTICLE 4.
(95) Sec. 4.202.A
. (96) Sec. 4-202.A.7
(97) Sec. 4-202.A.
11.y.
DEVELOPMENT REVIEW AND OTHER
PROCEDURES
Application for Development Approval. Deleted exception allowed
for fence permit applications. [Page 42 of Ordinance]
Applications for Development Approval. Remove "and plat."
Require a signed/sealed survey showing "all current
structures/improvements" for all applications, "including fence
applications." [Page 42 of Ordinance]
Application for Development Approval. Add requirement that site
plan submittals must identify type and placement of all signage.
[Pages 42-43 afOrdinance]
(98) Sec. 4-202.A.25 Application for Developn1ent Approval. Revise to require signed
and sealed survey for all proposed development. [Page 43 of
Ordinance)
(99) Sec. 4-206
Permitted Uses: Level One Chart. Remove "development" and
replace with "standard" on notice to adjacent property owners.
[Page 43 of Ordinance]
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. . _ < t " . '. ," '. . '. I ',. ,'. ~. .. . " J" ,,' - ' .' 'I ' I . '. ;j.f!'J' ,'.' I
(100)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 43 ofOrdinClIlCeJ
(101) 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 43 ofOrdinanceJ
Division 5. Appeals
(102) Sec. 4-502.A. Application/notice of appeal. Change to applicant or property
owner within required notice area and who presented competent
and factual evidence in the Levell review. (Added after 01-07-02
Commission W orksession) [Page 43 of Ordinance]
(103) Sec. 4-502.B. Application/notice of appeal. Add "by" any person to clarify that
party status is granted if person had submitted competent and
factual evidence in the Level 1 review would be granted party
status in appeal. (Added after 01-07-02 Commission Worksession)
[Pages 43-44 of Ordinance]
(104) 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 confirmed as part of the
consent agenda, by a vote of the majority of the members of the
board. (Added after 01-07-02 Commission Worksession) [Page 44
of Ordinance]
(105) Sec. 4-505.A Dearine Officer Appeals. Revise to clarify that no discovery or
depositions can occur during an appeal, however, new
witnesses may be presented. [Page 44 of Ordinance J
(106) Sec. 4-505.D Dearine Officer Appeals. Revise paragraph"D" to describe
the format of the Hearing Officer's final decision. [Pages 44-
45 of Ordinance J
Division 6. Level Three Approvals
(107) Sec. 4-602.A Zoning Atlas Amendments. Delete all but last sentence. This was
moved to Section 1-109. [Page 45 ofOrdinanceJ
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Division 7. Subdivisions/Plats
(108) Sec. 4-702 Required approvals. Remove last sentence of paragraph. [Page 45
of Ordinance]
(109) Sec. 4-708.C Recordine of Final Plat. Delete "a certificate of occupancy"
and replace with "first building permit." Change win require
plats to be recorded prior to building permit being issued.
[Page 45 ofOrdinanceJ
Division 12. Tree Removal Permit
(110) Sec. 4-1202.A.4Removal Permit 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 46 of Ordinance]
Division 13. Land Clearing and Grubbing
(111) Sec. 4-1301
Permit Required. Remove "except when.. .redevelopment project."
Section 3-1913.A requires a permit for removal of existing
structures. [Page 46 of Ordinance]
Division 14. Transfer of Development Rights
(112) Sec. 4-1401
Transfer of Development Riehts. Add to Purpose and
authority section two (2) areas for TDR: TDRs may be used in
the foIlowing situations: (1) to implement the goals and policies
of redevelopment plans and/or special area plans approved by
the City, the PineIlas Planning Council, and the Countywide
Planning Authority; (2) to protect designated environmental,
open space, archaeological, historical or architecturally
significant sites. [Page 46 of Ordinance]
(113) Sec. 4-1402
Transfer of Development Riehts. 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.)
[Pages 46-47 of Ordinallce]
(114) Sec. 4-1403.C Transfer of Development Rig;hts. Revise subsection 1. Add
provision, which requires a reasonable relationship between
the number of units transferred, and any increases in building
heiglJt. Also consider compatibility with surrounding area and
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. .:. " ~ .. .. '. . . 4 . ~. .' .~ . ..' . . . ..' , . ~ ,'. . .'
feasibility of the project. (Submitted by City Commission)
{Pages 47-48 of Ol'{!illallce)
(115) 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 tllat 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 48 of Ordinance)
ARTICLE 6. NONCONFORMING PROVISIONS
(116) Sec. 6-102.B Nonconforming Structures. Define permitted maintenance as it
relates to nonconfonning structures. [Page 48 of Ordinance]
(117) Sec. 6-104.B Nonconforming Sign. Remove "changeable copy" from definition.
Change "non-confonning" to "nonconforming." [Page 48 of
Ordinance)
ARTICLE 7.
ENFORCEMENT
PENALTIES
PROCEEDINGS
AND
(118) Sec. 7-102.C Correction of Violation. Repeal this Section to comply with State
Statutes and allow the board to review a case and take action for
record. [Page 48 of Ordinance]
ARTICLE 8.
DEFINITIONS AND
CONSTRUCTION
RULES
OF
(119) Sec. 8-102
Accessory Structure. Add definition "4) is detached from principal
structure." [Page 49 of Ordinance]
Lot, Comer. Revise definition of "Lot, ComerH because it is
combined with "Lot, Double Frontage." Separate the two and place
Lot, Double in its own definition to correct scrivener error._[Page
49 of Ordinance]
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Parcel of Land. Add: as detennined by the Community
Development Coordinator. [Page 49 of Ordinance]
Repeat Violator. Add: "... violation of a provision of a code by a
person who has been previously..." [Page 49 o[Ordinance]
Sign. Add that except for banners, flags and temporary and
portable signs, all signs must be permanently affixed to, and/or
incorporated into, the sign cabinet, building wall or other base
material. All signs must be designed to be permanent. [Page 49 of
Ordinance]
Sign. Abandoned. Delete" or obsolete conforming" and add "sign
and/or structures" after reference to any sign. [Page 50 of
Ordinance]
Sign. Area. Add that attached signs are based on the smallest
geometric shape(s) around the graphic/text. For sign cabinets it is
based on the entire cabinet. [Page 50 of Ordinance]
Sign. Attached. Delete "mansard roof/walls" and add "proj ecting"
in the definition. [Page 50 of Ordinance]
Bold indicates major policy issues.
17
Revised after 02-19-02 Commission
Public Hearing & after ordinance preparation
Si!!n't Maintenance. Establish maxirnum amount of
improvements that can be made to nonconforming signs (50%
of the value of the structure). If improvements exceed
threshold, sign structure must be replaced with conforming
sign structure. {Page 50 ofOrdinanceJ
Sign. Portable. Add definition for sign, portable as follows: Sign,
portable means a sign, which 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.
[Page 50 of Ordinance]
Sign. Vehicle. Revise definition to clarify that vehicle conducting
daily business are not violating code. (Added after 1/7/02
Commission Worksession) [Pages 50-51 of Ordinance]
Temporary Uses. Clarify that temporary sales must be related to
principal use sales. [Page 51 of Ordinance]
S:\P/(/II/Ji/Jg Depn/"II/t'/J/\2002 Lade Alllclldl/lt!/JlsINEW CO/lflll/l/JUY Dt'I'cloplIlc/J1 Code IsslIes 3A'IARCIl02.doc
uh-J!.j', ,.. ~;\.;, )t...~.~......r,. ... >
(J 20) Sec. 8-102
(121) Sec. 8-102
Violator. Clarify definition of violator to Code Enforcement, quasi
- judicial or judicial process. [Page 51 of Ordinance]
Sign. Directional. Replace graphic with better illustration of
directional sign. See Exhibit B. [Page 51 of Ordinance)
Sign. Freestanding. Replace graphic with better illustration of
freestanding sign. See Exhibit C. [Page 51 of Ordinance)
Bold indicates major policy issues.
18
Revised atier 02-19-02 Commission
Public Hearing & after ordinance preparation
S:IPlmming Dcpnrtmclltl2002 Code AmendmmtslNEW Community Development Coole Issues 3AIARCH02.doc
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REVISIONS TO ORDINANCE NO. 6928-02
4-15-02 CITY COl\tlMISSION WORKSESSION
1. REVISIONS TO THE COMPREHENSIVE SIGN PROGRAl\tl - HEIGHT OF
FREESTANDING SIGNS
Section 90. Article 3. Division 18. Comprehensive Sign Program. Section 3-
1807.C. Flexibility Criteria is hereby amended as follows:
Original Proposed Provision:
2. The maximum height of all freestanding signs proposed in a comprehensive
sign program is 14 feet, depending on the design of the sign. proyided
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.
Revised After W orksession:
...
2. The height of all freestanding signs proposed through the comprehensive sign
program shall relate to the design of the sign and shall not exceed 14 feet in
height.
.2. COMPREHENSIVE SIGN PROGRAM - NUMBER, SIZE AND LOCATION
OF SIGNS
Section 92. Article 3. Division 18. Comprehensive Sign Program. Section 3-1807.C. is
hereby amended by adding subsection 3-1807.C.9. Number, Size and Location of Signs
as follows:
Original Proposed Provision:
9. Number, Size and Location of Signs: 'When considering the number. size
and location of freestanding and attached signs. the Community
Development Coordinator shall consider: overall size of site. relationship
between the building setback and sign location, frontage. access and
visibility to the site. intended traffic circulation pattern. hierarchy of
signage. and submittal of a master sign plan for the development
parcel/proi ect.
I
C:\DOCUME-l \DWILSo-I.CLI:.\LOCALS-l\Temp\4-1 S-02CCW orksession.doc
" . . f-, .:. . '. ' ". . .... I, . 'f ". .',
Revised After Worksession:
9. Number, Size and Location of Sif!ns: When considering the number, size and
location of freestanding and attached signs, the Community Development
Coordinator shall consider: overall size of site, relationship between the
building setback and sign location. frontage, access and visibility to the site,
intended traffic circulation pattern. hierarchy of signage, scale and use of the
pro;ect. and submittal of a master sign plan for the development
parcel/pr01ect.
3. PROTECTION OF SPECIMEN TREE STANDS
Section 56. Article 3. Division 12. Landscaping/Tree Protection. Section 3-
1205.B.2. is hereby amended as follows:
Original Proposed Provision:
a. The condition and location of the protect tree, or palm with respect to species.
tree structure. competition, disease, insect attack, or danger of falling,
proximity to existing or proposed structures and interference with utility
servIces.
Revised After W orksession:
a. The condition and location of the protected tree, slJecimen tree stand or palm
with respect to species. tree structure, competition, disease, insect attack, or
danger of faIling, proximity to existing or proposed structures and interference
with utility services.
b. Protected trees, specimen tree stands, and palms shall be preserved to the
. maximum extent possible and reasonable flexibility in the design of permitted
uses shall be granted, within the parameters of the zoning district within
which the property is located, in order to ensure such preservation. .
2
C:\DOCUME-l\DWILSo-l.CLBLOCALS-1\Tcmp\4-1 S-02CCWorkscssion.doc
", .!:', , -, . .', . '.' .' i" . . . .' . ~ \' ", , \ .' '..' ; : . l .. '''''. . / ' ,t. . '. - : .- .: _..! ' . - ~, ,t.
CHANGES RECOl\'Ii\'IENDED TO ORDINANCE NO. 6928-02 BY THE
COl\'IMUNITY DEVELOPl\tIENT BOARD
04/16/02
1. ROOF OVERHANG PROPOSED LANGUAGE AMENDMENT.
Add new section to the Ordinance;.
Section 49A. Article 3. Division 9. GeneralApplicability Standards. Section 3-
908 Permitted encroachments into setbacks and over street rights-of-way is hereby
amended as follows:
D. Balconies, decks, bay windows, and similar features that linearly extend 50
percent or less of the width of the building wall to which they are attached
shall be permitted to extend into a required set back area not more that ;() 24
inches provided that through access is not obstructed.
2. HEARING OFFICER APPEAL PROPOSED LANGUAGE AMENDMENT.
Revise proposed Section 105 of the Ordinance by amending Code Section 4-505.A - C as
follows:
Section 105. Article 4. Division 2. Applications for Development Approval.
Section 4-505 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 hearing to consist solely
of: 1. reception of the record before the community development board; and 2.
oral argument. The city clerk shall give notice of the publio hearing in
accordance with the proyision~ of section 1 206(C) and the headng shall be
conducted in accordance with the procedures set forth in section 1 206(D). to
the appellant applicant. City. and any person granted party status by the
community development board.
B. At the hearing.:}:!he record before the community development board shall be
mcorporated into the record before received by the hearing officer,
supplemented by such additional evidence as may be brought forward during
the hearing. Additionally. oral argument may be presented by the appellant.
applicant. City. and any person granted party status by the community
development board. The burden shall be upon the appellant to show that the
decision of the community development board cannot be sustained by the
evidence before the board aad-before the hearing officer, or that the decision
of the board departs from the essential requirements of law.
1
C:\DOCUME-l \DWILSO....l.CLE\LOCALS-I \Temp\Handout for April IS.doc
.
c. The persons entitled to present oral argument as set forth in subsection B.
above may submit proposed final orders to the hearing officer within 20 days
of the hearing. The hearing officer shall render a decision within 45 days of
the hearing in accordance with the provisions of section /1 206(D)(5). The
decision of the hearing officer shall include findings of fact. conclusions of
law. and a determination approving, approving with conditions, or denying the
requested development application. The decision of the hearing officer shall
be final, subject to judicial review by common law certiorari to the circuit
court. The, filing of a petition for certiorari stays the decision of the hearing
officer pending the final determination of the case.
Add new section to the ordinance revising Code Section 5-1003 asfollows:
Section Article 5, Division 10. Hearing Officer. Section 5-1003 IS hereby
amended as follows:
Section 5-1003 Procedures.
All hearings conducted by a hearing officer on behalf of the city shall be
conducted in accordance with section '1 206 4-505.
3. SECTION 3-1803. PROHIBITED SIGNS.
Add new section to the Ordinance that deletes Code Section 3-1803. U Prohibited Signs
as follows:
u. Temporary 'window signs in residential districts.
Article 3. Division 18. Signs. Section 3-1803. Prohibited Signs is hereby amended
by deleting subsection 3-1803.U. and fe-lettering the subsequent subsections as
appropriate:
4. CORRECTED TITLE FOR SECTION 45A OF ORDINANCE.
Revise the title of Section 45a of the Ordinance asfollows:
Section 45a. Article 3.Division 8. Fences and Walls. Section 3-804.F. is hereby
amended by deleting it in its entirety as follows:
5. COMPREHENSIVE SIGN PROGRAM - Section 3-1807.C. and 3-1807.C.9.
Revise the formulas for calculating amount of signage permitted through the
Comprehensive Sign Program in proposed Code Section 3-1807.C.4 and combine with
the proposed criteria for determining number, size and location of signs proposed in
Code Section 3-1807.C.9.
2
C:\DOCUME-l \DWILSD-l.CLE\LOCALS-1\Temp\Handout for April lS.doc
" . I,: , \.. ' .' . ,.,' ,. . .
1. Attached signs - The maximum area permitted is up to five
percent of the building facade to which the sign is to be
attached.
Existing Ordinance
Section 91. Article 3. Division 18. Comprehensive Sign Program. Section 3-
l807.C Total Area of Sign Faces is hereby amended as follows:
4. Total area of sign faces. The total area of maximum sign faces which
are proposed as part of area permitted through a comprehensive sign
program shall not exceed two times the total area of sign faces
permitted under that minimum sign standards on the parcel proposed
for development be regulated as follows:
ii. Freestanding signs - The ma"Ximum area permitted is up to
two times the total area of sign faces as calculated by the
street frontage or building fayade in methods in 1806.8. I .c.i.
and .iL whichever is less.
Section 92. Article 3. Division 18. Comprehensive Sign Program. Section 3-
l807.C. is hereby amended by adding subsection 3-l807.C.9. Number, Size and Location
of Signs as follows:
9. Number. Size and Location of Signs: When considering the
number. size and location of freestanding and attached signs. the
Community Development Coordinator shall consider: overall size
of site. relationship between the building: setback and sign location.
frontage. access and visibility to the site, intended traffic
circulation pattern. hierarchy of signage. and submittal of a master
sign plan for the development parcel/proiect.
Recommended Change
Delete Section 92 from the Ordinance and revise Section 91 as follows:
Section 91. Article 3. Division 18. Comprehensive Sign Program. Section 3-
1807.C Total Area of Sign Faces is hereby amended as follows:
4. Total area of sign faces. The total area of sign faces 'which are proposed
as-purt of a comprehensi",e sign program shall not exceed two times the
total area of sign fa<:es pennitted under that minimum sign standards on
the parcel preposed for developmeat
3
C:\DOCUME-l \DWILSD-l.CLE\LOCALS-l\Temp\Handout for April IS.doc
,
freight, Area, Number and Location o(Signs. The height. area, number
and location of signs oennitted through the Comprehensive Sign Program
shall be determined by the Community Development Coordinator based
on the following criteria: overall size of site. relationship between the
building setback and sign location. frontage. access and visibility to the
site. intended traffic circulation pattern. hierarchy of signage. and
submittal of a master sign plan for the development parcel/proiect.
Additionally. the maximum permitted sign area shall be based on the
following formula when evaluated against the above criteria:
1. Attached signs - The maximum area permitted for attached
signage shall range from one percent up to a maximum of six
percent of the building facade to which the sign is to be attached.
ii. Freestanding signs - The maximum permitted area of all
freestanding signs on a site shall not exceed the range of sign area
permitted by the street frontage or building facade calculation
methods set forth in Section 1806.B.l.c.i.and ii.
4
C:\DOCUME....l\DWILSO-l.CLE\LOCALS-l\Temp\Handout for April18.doc
.....,,\1<' "
.." .. p.~_.a........,~...,''''' .
Freestanding Signs at Sunset and 19 Showing Center
Sign along US 19:
Height:
Sign Face Area:
Sign Structure:
Sign along Sunset Point:
Height:
Sign Face Area:
Sign Structure:
20'
88.25 s.f.
200 s.f. (20' x 10')
22' 10"
94 S.L
297 (22' 10" x 13')
Freestanding Sign at Countryside Mall
Height:
Sign Face Area:
Sign Dimensions:
60'
180 S.L
12'x15'
S:\Planning Departrnent\2002 Code Amendments\Sunset Point and Countryside Mall
Signage
,)h
. .. ' '. . : ' '. . ..: . . . , , ' . .
Sizes of Selected Shopping Centers in Clearwater
Countryside Mall
Clearwater Mall
Sunset Point
Cypress Point
Drew/US 19
Countryside Village
Northwood
76 acres
70 acres
27 acres
20 acres
1 7 acres
23 acres
25 acres
....
.JU; ~
Tarapani, Cyndi
From:
.Sent:
To:
Subject:
Clayton, Gina
Wednesday t April 17, 2002 1 :07 PM
Tarapani, Cyndi
Number of Sign Permits
Importance:
High
Comprehensive Sign Program Requests -
oct. 1, 1998 - Oct. 1 t 1999 - 5
Oct. 1, 1999 - Oct. 1 t 2000 - 30
Ott. 1, 2001 - Oct. 1, 2001 - 37
Oct. .1, 2001 - Oct. 1 ~ 2002 .. 18 (to date)
Sign Permits
Oct. 1, 1999 - Oct. 1,2000 - 136
Oct. 1. 2000 - Oct. 1, 2001 - 133
Oct. 1. 2001 - Oct. 1, 2002 - 71 (to date)
Gina L. Clayton
Long.Range Planning Manager
(727) 562-4587
gclayton@clearwater-fl.com
()ll~'. 8
GULF
TO BAY BLVD.
SEPT. 1988
'linGER
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SEPT. 1994
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MARCH 2002
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FROM:
Bill Honle, City Manager
Cyndi Tarapani, Director of Plannin~
April 11 , 2002
TO:
DATE:
RE:
Review of Commissioner Jonson's Clearwater Sign Size Worksheet
As part of the proposed code amendment process the Planning Department reviewed
Commissioner Jonson's Cleanvater Sign Size Worksheet to further facilitate discussion
and make any necessary corrections or clarifications.
The Planning Department reviewed current sign regulations and the proposed sign
regulations. Some areas identified on the worksheet require further clarification for
correctness and/or completeness to compare current and proposed sign code information.
The 1985 code was not reviewed or used in this analysis. The 1992 sign code is generally
correct for the information provided. Below is a comprehensive review of the worksheet
and identification of those areas that require additional narrative.
Clearwater 1985 Sign Code:
Not evaluated.
Clearwater 1992 Sign Code:
Both the freestanding and attached signage regulations are correct on the sign worksheet.
Clearwater Current Sign Code:
Areas of inconsistency between current code implementation and sign worksheet. Overall
the Comprehensive Sign Program that is availahle to businesses for larger and/or more
signage is not included in the worksheet.
1
S:\Planning Departmenl\2002 Code Amendments\WorksheeIRevlewMemo.doc
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Freestanding Signage:
. Number of signs per lot. The worksheet states that only one sign is allowed per
lot. Two signs can be allowed if on a conler lot.
. Auxiliary signs. The worksheet states that auxiliary signs are not allowed.
Auxiliary signs are allowed under the Comprehensive Sign Program.
. Minimum Size. The worksheet states that there is no nlinimum size of sign.
Current code allows for a 10 square foot sign "as of right" if fonnulas pemlit less
than that.
. Monument signs. The worksheet omits monument signs entirely. A monument
sign is allowed to exceed the penllitted freestanding sign area by 25%. This
provision allows businesses to have larger signage if u monument sign is used.
Attached Signage:
. Multiplier. The worksheet states that the multiplier is 1 % of the total fuyude in
square feet. The cun-ent code calculates signage using one square foot per 100
square feet of building fayade facing the street; or Twenty-four square feet
whichever is less. Businesses can also utilize the Comprehensive Sign Program to
calculate signage as follows: signage cannot exceed two times the total area of
sign faces permitted under the minimum sign standards.
. Minimum area. The worksheet states that there is no minimum size of sign.
Current code allows for a 10 square foot sign as right for businesses if formulas
would permit less.
. Major and Minor tenants. The worksheet does not identify that the cun-ent sign
code does not nlake a distinction between major and minor tenants.
. Maximum number of signs. The worksheet identifies that only one sign is
allowed. Cun-ent sign code allows for staff discretion to allow more than one sign
through the Comprehensive Sign Program.
Proposed Clearwater Sign Code:
Areas of inconsistency between proposed code and Clearwater Sign Size Worksheet.
Overall the Comprehensive Sign Program that is available to businesses for larger and/or
more signage is not included in the worksheet.
Freestanding Signage:
. Nunlber of signs per lot. No change is proposed, but the worksheet is incorrect
under current code column. Additional signage is allowed for cOtner lots.
. Auxiliary signs. No change is proposed, but the worksheet is incorrect under
current code column. Auxiliary signage is allowed under the Comprehensive
Sign Program.
. Minimum size. The proposed 20 square foot sign is "as of right" size that a
business is allowed if formulas pemlit less than that.
2
S:\Planning Oepartment\2002 Code Amendments\WorksheetReviewMemo.doc
· Height. The worksheet is incorrect, as it does not identify the proposed height
increase for signs at elevated intersections. Proposed code would allow signs
to be 14 feet above the highest point of an elevated roadway within property
lines.
Attached Signage:
· Maximum size allowed. The worksheet does not correctly identify the
maximum size allowed for signage. Under the proposed code amendments, a
business would be allowed to have a sign "up to 5%" of the total fayade. Five
percent of the fayade is the maximum possible size pennitted.
· Mininllin1 size. The worksheet states that there is not minimum size of sign.
The proposed code allows for a 20 square foot sign "as a right" if formulas
permit less than that.
· Maximum number of signs. No change is proposed, but the worksheet is
incorrect under current code column. Current sign code allows for the
potential of additional signage through Comprehensive Sign Program.
Pinellas County Sign Code:
. The Pinellas County sign code allows for anyone to apply for a variance
for signage. This would make the worksheet an "as of right" signage
comparison. Pinellas County can vary size and height of signs on a case-
by-case review for any request regarding signage. The proposed
Clearwater regulations ilnpose a maximum square footage of signage
which equals up to 5% of building fayade for attached signage and up to
two times the total area of sign faces as calculated by street frontage or
building fayade, whichever is less. The Clearwater code provides for a
The worksheet is correct as written for the C-2 and C-3 districts fronting on arterial
highways. It should be noted that the Pinellas County sign code also contains numerous
other regulations/exceptions.
Freestanding Signage:
· In the C-2 and C-3 Districts not fronting on arterial highways, freestanding
signage has a different 111aximum signage allowed (100 square feet).
Attached Signage:
· The C-I district has a 100 square foot maximum for attached signage.
· The worksheet does not identify how multiplier is calculated. Attached
signage is calculated on the linear footage of building.
Variance for Signage:
3
S:\Plannlng Oepartment\2002 Code Amendrnents\WorksheetReviewMemo.doc
l
'I
maximum size and height of signage that is not found in the Pinellas
County sign code, which is open ended through the variance process.
I
j
i
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4
S:\Plannlng Department\2002 Code Amendments\WorksheetReviewMemo.doc
. . ' ~.' I .' , ." ,'~ \ ' .: ' " ,".. :.. " : , .,'" . '. '. ..
Maior Commercial Zoninq:
Free Standing Signage
Number per lot
Auxiliary signs
Max
Size
(each side)
!Wf!t 13/~
~.7.0? ~mJo.
Clearwater Sign Size Worksheet
CLW
1985
Highway
Commercial
and others
[shopping
centers]
CLW
1992
Highway
Commercial
CLW
Proposed
All Non-
Residential
Pinellas
Co. Current
C-2 and C-3
fronting on
arterial
highways
CLW
Current
All Non-
Residential
1 no change
no change
1
yes if 500' of
frontage and
300' from
another
1 1
Not allowed yes if 500' of Not allowed
frontage and
300' from
another
192 sq. ft.
Max size Condition if over 200K
of leaseable
sq. ft.
Min Size
Height
Attached Signage
Size based on
Multiplier
Minimum size allowed
Maximum size base
Basic business
Major tenants
Minor tenant
Max size w/Setback Bonus
1 00' to 200'
200' to 300'
> 300'
Max Number (split sq. ft.)
Sign size matrix 020331
none
24'
112 sq. ft.
main & 56
sq. ft. aux.
64 sq. ft. (128 sq. no change
ft. w/~omp)
150 sq. ft. (+
8 sq. ft. if
used for
address)
1 sq. f1. for
each 1 ft. of
linear lot
frontage
1 sq. ft. per 2 ft. no change
of street footage
or 1 sq. ft. per
100 sq. ft. of
building fayade
none
none
20 sq ft.
none
20' main 12' 14' (height can't no change
aux. be more than 1.5
x the width)
25'
Business Business Business fa~ade no change Business
building building square footage building
frontage frontage frontage
(width) (width) (width)
1.5 sq. ft. for 1.5 sq. ft. for 1 % of the total 5% of the total 1.75 sq. ft.
each 1 lineal each 1 lineal fa~ade in sq. ft. fa<<;ade in sq. ft. for each 1
ft. ft. lineal ft.
No min. No min. 10 sq. ft. 20 sq. ft No min.
(see below) 150 sq. ft. 24 sq. ft. (48 sq. ????????????? 150 sq. ft.
ft. w/Comp)
128 sq. ft.
48 sq. ft.
No Yes No no c~'ange No
x .25 (187)
x .75 (262)
x 1.25 (337)
5 1 no change Any
Printed 3/31/20029:01 PM
I, " " , . l . . '. , . '..
1
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ITEM #
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~3~7
Second Reading
q
ORDINANCE NO. 6918-02
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
RELATING TO OCCUPATIONAL LICENSE FEES; AMENDING
APPENDIX A, SCHEDULE OF FEES, RATES AND CHARGES
BY 50/0 INCREASE IN FEES AND AMENDING THE
ADMINISTRATIVE FEE CHARGES; PROVIDING AN
EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY
OF CLEARWATER, FLORIDA:
Section 1. Appendix A, Code of Ordinances, is amended to read:
APPENDIX A-SCHEDULE OF FEES, RATES AND CHARGES
* * * * * *
XXVIII. OCCUPATIONAL LICENSE FEES:
Category No.
001.000
002.000
003.000
003.010
003.020
003.030
003.040
003.050
003.070
003.080
003.090
004.000
005.000
005.010
005.020
005.030
005.040
005.050
Category
Fee
ABSTRACT OR TITLE COMPANIES............................................. $220.50 231.5Q
ADMlNISTRA TIVE OFFICE.... .... ....... .............. ....... ...... .,.................... 82.50 86.50
ADVERTISING OR MARKETING
Agency, general ................................................................................. 60.50 63.50
Coupon book publisher or distributor (See note B) ....................... 110.00 115.50
Dii.ectory or guidebook publisher ................................................... 110.00 115.50
Handbill or sample distributor .......................................................... 60.50 63.50
S I. .. ~ bl.' rd.' 49 50 51 75
o ICltmg or pu lcatton not Iste m cIty........................................ .
Outdoor signs, advertising for other than
h b . h . 60 50 63.50
t e USlness on t e preffilses ............................................................. .
Welcome or greeting service............................................................. 55.00 57.75
Trade inducement business, NOC .................................................. 121.25 127.25
ADULT ENTERT AlNMENT EST ABUSHMENT (See note B;
See Chapter 41, Article V) ....... ........................................................... 1102.501157.50
AGENT OR AGENCY (See also brokers):
Book or magazine .............................................................................. 49.50 51.75
Claim or collection (see note B) .....................................................121.25 127.25
C d. . d .1. 71 50 7500
re It reporting an mercantl e .......................................................II' .
Ernployment ........ ...... ............ It ..... II .,, '1' ... II.. '" 1,.". ........ II .... II .... I'" 't' I" 71.50 75.00
Manufacturers/sales representative, NOC ........................................ 49.50 51.75
Ordinance 6918-02
.. '" ,'. '.' I ",' . , . ,', . .' ' M , . '.'.' , ,. . " . .' ~ '.' . ' .f ~'. ' . "', , ' . .
005.060
005.070
005.080
005.090
006.000
006.010
006.020
006.030
006.040
006.050
006.060
007.000
008.000
009.000
010.000
010.010
010.030
011.000
012.000
013.000
014.000
014.010
015.000
016.000
016.010
016.020
016.030
016.031
016.040
016.050
016.051
016.052
2
Private detective or company (See note B)..................................... 121.25 127.25
Property management or leasing.................................................. ..... 60.50 63.50
Talent (see note D) ............................................................................ 71.50 75.00
Travel (see note D).... ........ ...................... .............. ........................ ..... 82.50 86.50
AIRCRAFT (See note B; requires Engineering Dept. approval):
Charter or rental................. ............... ...... ....... .................................. 121.~5 127.25
Flying instruction ... ............... ......... ..... ....... ... ........ ................... ....... 121.25 127.25
Passenger service.... .......................................... ........ ...... .......... ....... 121.25 127.25
Sales new or used 121.25 127.25
, .. .... ... .... ... .... ....... .... ....... ... .... ...... ....... .............. ...
Servicing... .... ... .... .... ... .... ... .... ... ... .... .... ....... ... .... ... ..... ..... ... .... ... ... .... 121.25 127.25
Storage, field or hangar ................................................................... 121.25 127.25
AIRPORT (see note B)........... ............................................................... 21 g .00 260.25
ALARM SYSTEM BUSINESS, FIRE, BURGLARY, MEDICAL
MONITORING (see note B)... ....................................................... ......... 60.50 63.50
AMBULANCE SERVICE (See article ill of chapter 25) ...................... eG:-50 63.50
Plus per vehicle ................................................................................. 22.00 23.00
ANThfALS
Kennel................................................................................................ 60.50 63.50
Groomer 19.50 51.75
.... .... ... ............... ... ... .... ........... ....... ....... ... ... ....... ....... ....... .....
APPRAISER (See note D for Real Estate) .....~....................................... 71.50 75.00
ARMORED CAR SERVICE (See note B) ............................................ 60.50 63.50
Plus per vehicle ... ...... .............. ........... ............................... .......... ...... 22.00 23.00
ARTIST ............. .... .... .............. ... .......... ....... ..... ... .... ..... ........ ... .... ... .... ..... 82.50 86.50
AUCTIONEER (see notes B and D) .................................................... 212.50 254.50
Auction gallery (See notes B and D) .............................................. 714.00781.00
A UD ITO R ............................................................................................... 77.00 80.75
AUTOMOTIVE:
Dealership - Sale of new and used vehicles.................................... 411.00 463.00
Dealer - Sale of only used motor vehicles ...................................... 330.75 347.25
Garage - General repairs or replacements.
(See note D), for 10 bays or less................................................. 82.50 86.50
For each additional bay............................................................... 11.00 11.50
Rental - Autos, trucks, recreational vehicles .................................. 165.25 173.50
Parking lot, permanent or temporary
1-10 spaces ....... .......... .....o..o......... ........ ....................................... 27.50 28.75
11-50 spaces..... ...............o.. ............. ..... ...... .......... .................. ..... 38.50 40.25
Ordinance 6918-02
, . , .. ' ) .. . . '. . T, \ ,,' . " ~, . t',..' . ~.' , '. '~, '. .. . : '," '.. :,. _' .
016.053
016.060
016.061
016.062
016.070
016.080
016.090
017.000
018.000
019.000
019.010
020.000
021.000
021.010
022.000
022.010
023.000
023.010
023.020
023.030
023.040
023.041
024.000
024.010
024.020
024.030
024.040
024.050
. 024.060
025.000
026.000
027.000
027.010
3
Over 50 spaces.. .......................... ................. ............................... 82.50 86.50
Storage
1-50 Spaces ....... ............................... ................... ................. ....... 60.50 63.50
Over 50 spaces ..... .... ........................ ................................ ......... 121.25 127.25
Washing and polishing........................... ......................... .................. 27.50 28.75
Wrecker or towing service ................................................................ 49.50 51.75
Service station, per fuel pump .......................................................... 27.50 28.75
BAIT DEALER 38.50 40.25
......................... I............................................ I..... I... I......
BAKERY GOODS, RETAIL ................................................................. 60.50 63.50
BANKS (including savings and loan associations)
for each bank location main or branch .................................................. 275.50289.25
Automatic teller machines ............... ..................... ...... ....... ...... ....... 110.25 115.75
BARTENDER FREE LANCE 55.00 57.75
, .......... I...................................................
BATllliOUSE (see chapter 9 division ill} ............................................. 27.50 28.75
Technician ..... ............. ........ ....... ....... ...................... ...... ... .... ... ...... ...... 60.50 63.50
BEAUTY SALONIBARBER SHOP
NAIL SALON TANNING SALON 11.00 46.00
, ......................................................
Plus, for each chair or booth (see note Dt....................................... 11.00 11.50
Manicurist (see note D) .......... ................ ...... .............. ............... ........ 27.50 28.75
BOATS AND BOAT TRAILERS:
Dealer ...............................................................................................110.25 115.75
Repairs and service................ ....... ........ ................. ......... .......... ......... 66.00 69.25
Rental (needs Harbormaster approval) ............................................. 38.50 40.25
Storage............................................................................................... 82.50 86.50
Washing and Polishing........................... ........................................... 27.50 28.75
BOATS, PASSENGER: (needs Harbormaster approval)
1-15 passengers .................... ........ ......... ........... ..................... ............ 14.00 46.00
16-25 passengers ............:.. ..... ................ ...:...... ......... ........... ......... .... 60.50 63.50
26-50 passengers ............... .......................... ................ ....... ....... ........ 71.50 75.00
51-100 passengers ............. ..................... ............ ........ ........... ............ 82.50 86.50
101-300 passengers ......................................................................... 110.25 115.75
Over 300 passengers ........................................................................ 220.50231.50
BOOKKEEPIN'G SERVICE........ ... ...... ..... ............ .........1.... .....,........ I.... 60.50 63.50
BROADCASTIN'G, RADIO 'AND TELEVIS'ION STATION
OR STUDIO. ................ ....... ..... .... .... ................................ ............... ...... 121.25 127.25
BROKER, each
Broker, mortgage (see note D) .......................................................... 60.50 63.50
Ordinance 6918-02
027.020
027.030
027.040
027.050
028.000
029.000
030.000
031.000
032.000
033.000
033.010
033.020
033.030
033.040
034.000
035.000
035.010
035.020
035.030
035.040
035.050
035.060
035.070
035.080
035.081
036.000
037.000
037.010
037.020
037.030
. 038.000
038.010
4
Broker merchandise 60.50 63.50
, .............................. If.........,..... .1......,... II............
Broker stocks bonds etc. dealer 181.75 190.75
, , t, ............................... II' .................
Broker stocks bonds etc. individual -!-21.25 127.25
, t t, ....... It.... .......... .....................
Broker, real estate (see note D) ......................................................... 60.50 63.50
Plus for each additional salesperson .............................................. 27.50 28.75
BUSINESS ADVISORY SERVICES NOC 121.25 127.25
, .......................................
(Reserved)
BUYERS CLUB.................. .... ..................................... ............ ......... .... 110.25 115.75
CATERER .... ..... ... ..... '" .t.. .,.. It. '" '" .t.. .,.. I" .,, .f.. .f. .... '" '" .... .,.. .,.. ". ..... ....... 60.50 63.50
CEMETER Y ICREMA TORIUM...... .................................................... 220.50 231.50
CLEANING, PRESSING AND DYEING
Plant ........ .t. .......... ...... ........ .,, ....,.. ...... .... .,.. I" .,.. .,. '" .... ". ..... ......... .... 192. 75 202.25
Branch/collection, each. .......... ...................... ... .......... ................. ...... 60.50 63.50
Self service or hand laundry.............................................................. 71.50 75.00
Plus, per machine ....... ............................1.. .............. ......................... -l-:QQ, 1.05
Carpet cleaning on-site.. .......... .......... ........... .............. ....... ..... ........... 60.50 63.50
463.00
127.50
63.50
40.25
63.50
127.25
80.75
11.50
COIN AND/OR STAMP DEALER (see note B)................................... 60.50 63.50
COMMERCIAL RECREATIONIENTERTAINMENT, NOC........... 411.00
Dealer or lessor of amusement machines ....................................... 121.25
Miniature golf...... ... ... .... .......... .... ...... .... .... ... .... ... ... ... .... ..... ... ............ 60.50
Per game/machine/ride (excluding dealer) ....................................... 38.50
Entertainer (each) ... .,.. .f' .f.. ff f.f. .... ... .... ... ... .... ... ....... .... ... .... ..... ........ ... 60.50
Skating rink, shuffleboard, archery range or golf course ............... 121.25
Billiard parlor ...... ... .... .......... ... ...... ........... .... .... ... ....... .......... ......... .... 77.00
Per additional table......................................................................... 11.00
(Reserved)
Theaters, with up to 150 seats......................................................... 275.50 289.25
Theaters, with 150 or more seats .................................................... 606.25 636.50
CONSULTANT, NOC. ....... .... ...... .... ...... ........... ... .... ... .... '" ........ ..... ....... 82.50
CONTRACTORS, GENERAL CONSTRUCTION:
CI "A" e I ( t D) 27~ ~O
ass gen ra see no e ........................................................ .
Class "B" building (see note D) ...................................................... 192.75
CI "C" id t.a] ( t D) 11025
ass res en 1 see no e................................................... .
CONTRACTORS OR SUBCONTRACTORS (NOTGENERAW
86.50
289.25
202.25
115.75
Acoustics .. ............ ........ ..... ... ... .t. ... .... ......t ........... .......... ... ....... .... ............. 60.50 63.50
Ordinance 6918-02
038.020
038.021
038.022
038.030
038.040
038.050
038.060
038.070
038.080
038.090
038.100
038.110
038.120
038.130
038.140
038.150
038.160
038.170
038.180
038.190
038.200
038.210
038.220
038.230
038.240
038.250
038.260
038.270
038.280
038.290
038.300
038.310
038.320
038.330
038.340
038.350
038.360
038.370
038.380
038.390
038.400
038.410
038.420
038.430
038.440
038.450
038.460
038.470
Air conditioning contractor, Class A (See'note OL....................... 165.25 173.50
Air conditioning contractor, Class B (See note 0).........................110.25 115.75
Air conditioning contractor, Class C (See note 0) ........................... 77.00 80.75
Alann systems specialty (See note D) .............................................. 60.50 63.50
Aluminum (See note D) .................................................................... 60.50 63.50
Awning, shades and blinds ............................................................... 49.50 51.75
Boiler. '" .,, ........ II' ....... .... I" '1' I" ..... 1,.".. II' .,.. II...... II.... II.. II .,.... .,... 11.,1.... 60.50 63.50
Carpentry (See note D)................................. ....... ....... ... .......... ....... ... 60.50 63.50
Cabinetry and mill work.... ............. ........... .~....................................... 60.50 63.50
Communication systems specialty (See note D) ............................. 60.50 63.50
Demolition, building (See note D).................................................... 60.50 63.50
Dredging.................................... ............... .................................. ....... 60.50 63.50
Drywall (See note D)................. .... .............. ..... ...................... ........... 60.50 63.50
Electrical (see note D) .. ....... ...................................... ....... ............... 165.25 173.50
Excavating, including filling, grading, and land clearing................. 60.50 63.50
Elevator (See note D) ......................................................................... 60.50 63.50
Exterminator (See note D) ................................................................ 60.50 63.50
Fence erection (See note D) .............................................................. 60.50 63.50
Fire sprinkler system, building (See note D) .................................... (iQ.50 63.50
Flat work masonry specialty (See note D) ........................................ 60.50 63.50
Floor covering, laying, sanding, finishing ........................................ 60.50 63.50
Gas, natural (See note D) .................................................................. ~G 63.50
Gas, liquid petroleum (See note D) .................................................. 60.50 63.50
Garage door and operator installation (See note D) ......................... 60.50 63.50
Glass and glazing (See note D) ......................................................... 60.50 63.50
Gunite and sandblasting .............................................................. ...... 60.50 63.50
Hauling, trucking or moving............................................................. 60.50 63.50
House-moving (FOOT) ....... ...... ...... .... ..................... ....... .................. 60.50 63.50
Installation, NOC .... .................. ..... ..... ....... ........... .... .................... .... 60.50 63.50
Insulation ........ .... .............. ....... ........ '" .,..... ...... II .,.. II '" ..,. II II II II. .... ....... 60.50 63.50
Inigation systems specialty (See note D)..:....................................... 60.50 63.50
Janitorial service ............................. ... ........... .... ...... ... .... II I ." ....... ,.,. ... 60.50 63.50
l.andscaping/tree surgery ........ ................ .................. ........................ 60.50 63.50
l.awn, yard and garden care .............................................................. 38.50 40.25
Low voltage systems specialty (See note D) .................................... 60.50 63.50
Maintenance work (NOC)....... ........ ........ ................................... ... .... 60.50 63.50
Marble setting includes tile (See note D).......................................... 60.50 63.50
Marine specialty (See note D)........................................................... 60.50 63.50
Mechanical contractor (See note D) ................................................ 165.25 173.50
Mobile home setup specialty (See note D) ....................................... 60.50 63.50
Ornamental iron work ....................................................................... 60.50 63.50
P.. . I d. h'. (S t D) eO CQ 63 50
amtmg - mc u mg paper angmg ee no e..................................J .~
Paper-hanging (only) .......................................................................... 60.50 63.50
P .. bl 60 ~O 63.50
artltlons, mova e.......... .... ...... ....................... ... ...... ... ....... ... ......... '" .
Paving (See note D) ............................................................................. 60.50 63.50
Pile driving (See note D)................................................................... 60.50 63.50
Pipeline (See note D) ................................'........................................ 60.50 63.50
Plaster and stucco specialty (see note D) .......................................... 60.50 63.50
Ordinance 6918-02
5
.. '. ", & " " , . : " . . :,' . ., t ". . f . , .: '. . - .....;':..-. , . ~. ' ". . i' . - ". . . " t '..' . . ,. :'. ~ :
038.480
038.490
038.500
038.510
038.520
038.530
038.540
038.550 .
038.560
038.570
038.580
038.590
038.600
038.610
038.620
038.630
038.640
038.641
038.642
038.650
038.660
038.670
038.680
038.690
038.700
038.710
038.720
039.000
040.000
040.010
041.000
042.000
043.000
044.000
045.000
046.000
047..000
6
Plumbing (See note D). .... .......... ....... .... .......................................... 165.25 173.50
Pollutant storage systems; gasoline, oil, etc (See note D) ................ 60.50 63.50
Pressure cleaning.................... ............................. ............................... 60.50 63.50
Pre-stressed precast concrete specialty (See note D) ........................ 60.50 63.50
Refrigeration, commercial and industrial (See note D) .................... 60.50 63.50
Reinforcing steel specialty (See note D)........................................... 60.50 63.50
Roofing (See note D) ........................................................................ 60.50 63.50
Septic tank/sewer cleaning............ ................. .................. ........ ......... 60.50 63.50
Sheet metal (See note D)................................................................... 60.50 63.50
Shutter and opening protectives (See note,D) .................................. 60.50 63.50
Signs - electrical (See note D)........................................................... 60.50 63.50
Signs - nonelectrical (See note D) .................................................... 60.50 63.50
Solar (See note D) ............................................................................. 60.50 63.50
Steel reinforcing (See note D)........................................................... 60.50 63.50
Structural masonry specialty (See note D)........................................ 60.50 63.50
Structural steel (See note D) ............................................................. 60.50 63.50
Swimming pool, residential (See note D)......................................... 60.50 63.50
Swimming pool, commercial (See note D) ...................................... 60.50 63.50
Swimming pool, service and maintenance (See note D).................. 60.50 63.50
Tile and marble specialty (See note D) ............................................. 60.50 63.50
Underground utility (See note DL.................................................... 60.50 63.50
Veneer specialty (See note D) .......................................................... 60.50 63.50
Water softener installation and service ....... ...................................... 60.50 63.50
Welding (requires certification) ........................................................ 60.50 63.50
Well drilling (Requires certification from SWFWMD)................... 60.50 63.50
Window cleaning ..... ....... ........... ..............:.. .... ...... ............................ 38.50 40.25
Wrecking and dismantling (other than building).............................. 60.50 63.50
COSTUME OR CLOTIllNG RENTAL 49.50 51.75
............................................... .
DATA PROCESSING CONSULTANT/PROGRAMMER.................. 82.50 86.50
Data processing software .................................................................. 60.50 63.50
DATING/ROOMMATE SERVICE (See note BL.............................. 121.25 127.25
DECORATOR, INTERIOR................ ........................ ............................ 60.50 63.50
DELIVERYIMESSENGER SERVICE (includes first vehicle) ............ 60.50 63.50
Plus, per each additional vehicle........................................................ 22.00 23.00
DESIGNER, INDUSTRIAL (See note D)......~....................................... 60.50 63.50
DISC JOCKEY, FREE LANCE............................................................. 60.50 63.50
DNER ................................... ..................... ....... ... ... ............... ......... ........ 55.00 57.75
DR~SMAN ...................... ....... ..................... ... ... ........ ... ... .................. 82.50 86.50
Ordinance 6918-02
048.000
049.000
049.010
050.000
051.000
052.000
053.000
053.010
053.020
053.030
053.040
053.050
053.060
054.000
055.000
056.000
057.000
058.000
058.010
058.020
058.030
058.031
058.040
058.050
059.000
059.010
060.000
061.000
062.000
7
ELECTRIC POWER COMPANy....................................................... 165.25 173.50
EQUIPMENT RENTAL, small tools or appliances............................... 60.50 63.50
Equipment rental, large, heavy duty............................................... 121.25 127.25
FLORIST II .... If' ..... ... ...... ......,. .,. ... .... .......... .... .... .,, .,.. '" ..t. .,.. ... .,.. II.. ". .1.. II 60.50 63.50
FREE SERVICE BUREAU..... ..................... ........... ....... .......... .... .......... 77.00 80.75
FURNITURE REFINISH, REUPHOLSTER, CLEAN
AND REPAm .......................... ........................ ........... .... .......... ........ ...... 60.50 63.50
GROUP CARE FACILITIES
Congregate care (21 or more clients).............................................. 165.25 173.50
Convalescent/nursing home .............................. .... .............. ............ 165.25 173.50
Family care home (1--6 clients) .....................................;.................. 38.50 40.25
Group care, level I (7--14 clients) ..................................................... 49.50 51.75
Group care, level II (15--20 clients).................................................. 71.00 80.75
Group care, level ill (1--20 - special treatment) ............................... 93.50 98.00
GUNS (See note B; requires federal firearms license), dealer,
includes repair,.. .....................,......,..... ....... .... ... .... ... ........... .... ... .... .... .... 121.25 127.25
HEARING AID, AGENT OR DEALER ............................................... 71.50 75.00
HOSPITAL.. ..... .......~.. ....... ... ... .... ... ........ .., ,... ... .... ... .... .... ... ....... .... ........ 242.50 254.50
IN"COME TAX PREPARER .........................:........................................ 60.50 63.50
IN"SURANCE
Per each company, class, and type of insurance ............................... 82.50 86.50
Adjllster ...... .......... ....... ... ....... ... .... ....... .... ... ....... .... .... ... ....... .... ... .... ... 71.50 7S.00
Agency (includes 1 principal, owner, manager or agent) ................. (lO.SO 63.50
Plus, per agent .........................~.................. ....................................... 27.50 28.75
(Reserved)
, .
Agent, independent ........................................................................... ~ 86.50
ITINERANT OR PERMANENT, KNIFE TOOL SHARPENER ........ 27.50 28.75
Itinerant, agriculture peddler ................................ .............. ............... 38.50 40.25
KINDERGARTEN, NURSERY OR
DAY CARE (See notes B and D) ........................................................... 49.50 51.75
LABORATORY (includes dental, medical, research, analytical, photo,
chemical testing, etc.) . .......... ..,..... ... ....... .... .............. ... .... .... ....... .... ... ... .... 88.00 92.~
Plus, per employee ............ ....................................... ....... ....... ........... 22.00 23.00
LAND DEVELOPERS .......................................................................... 121.25 )27.25
Ordinance 6918.02
063.000
LECTURER AND INSTRUCTOR 77.00 80.75
, .. I................................................,...
064.000
LOAN, FINANCE OR
CONSUMER DISCOUNT COMPANY (See note D) ........................ 275.50 289.25
065.000
LOCKSMITH (See note B).................... ................................ ................. <19.50 51. 75
066.000
MAIL ORDER EST ABUSHMENT ...................................................... 60.50 63.50
Antiques, used merchandise (See note B) ........................................ 60.50
Merchant, temporary permanent/location .......................... ........ ....... 55.00
Merchant, itinerant, permanentllocation.. .......... ...... ..... ..... ............. 165.25
Merchant, show or flea market, per exhibitor, includes
food vendors, per event/show............................................................. 8.90 9.25
Downtown convention/exhibition center ..................................... 3307.003472.25
Hardware Store or Lumber Yard with an inventory value less than
067.000
068.000
MAlllNG, PACKAGING, ADDRESSING, FAXING......................... 60.50
MANUFACTURING, FABRICATING,
PROCESSING, COMPOUNDING
1 employee (including owner) ..................~....................................... 49.50
2--4 employees (including owner) .................................................... 71.50
5--10 employees (including owner) .......................................... ........ 99.00
11--25 employees (including owner) .............................................. 121.25
26--50 employees (including owner) .............................................. 181.75
51--100 employees (including owner) ............................................ 212.50
101--500 employees (including owner) .......................................... 275.50
Over 500 employees (including owner)........................................... 152.00
068.010
068.020
068.030
068.040
068.050
068.060
068.070
068.080
069.000
069.010
MASSAGE establishment (See note D and Chapter 9) ......................... 66.00
Massage therapist, each (See note D and Chapter 9) ....................... 38.50
070.000
MERCHANT OR MERCHANDISING:
(See note B for sale of used merchandise)
Inventory value $1,000.00 or less ..................................................... 38.50
Over $1,000.00 but less than $2,000.00 ...~....................................... 49.50
Over $2,000.00 but less than $3,000.00........................................... eM(;)
070.010
070.020
070.030
070.040
$3,000.00 and over ............................................................................ 60.50
Plus, per $1,000.00 or any fraction thereof over $3,000 ............~.... 4rlQ
070.050
070.060
070.070
070.080
070.090
Mobile tool sales ............................................................................. m~
070.100
070.110
63.50
51.75
75.00
103.75
127.25
190.75
254.50
289.25
474.50
69.25
40.25
40.25
51.75
63.50
63.50
4.90
127.25
63.50
57.75
173.50
070.120
$100,000.00.... .................... ....... ........ ... ... ........ ..... ..... ...... ............ .... 210.00 220.50
Merchant, ice cream truck (See notes Band D)---------------------- 50.00 52.50
071.000
071.010
071.020
Mobile homes
Dealer (new or used) sales and service ........................................... 121.25 127.25
Pax-k, rental.. ............................. ........ ...... ..... ..... ......... ....... ..... ............. 77.00 80.75
Plus per spac~ over 25...................................................................... ~ 3.75
071.030
Transport service (if independent of city licensed dealer or
8
.;. . " .. ' ':. :...~ :" :'..'. ;., . J. : ~ :., . . ;' .....
Ordinance 6918.02
manufacturer) ..................................... .......... ........... ... .... ....... ... ... ...... 71.50 75.00
072.000
072.010
MOTORCYCLE, dealer ......................................................................... 88.00 92.25
Motorcycle, scooter or bicycle rental...................................................... 60.50 63.50
073.000
MOVING, TRANSFER COMPANY (See note B)............................... 99.00 103.75
074.000
074.010
074.020
MUSIC MACHINES/JUKE-BOX,
COIN OPERATED: (not amusement or vending machines)
Dealer or lessor. ....................... .... ........... ...... ....... ..................... ... .... 121.25 127.25
Operator or lessee, each machine...................................................... 38.50 40.25
075.000
075.010
075.020
075.030
NEWSPAPER, PERIODICAL OR NEWSLEITER:
Less than 6 issues per week .............................................................. 82.50 86.50
6 Or more issues per week .............................................................. 212.50 254.50
Agency or bureau ................. .......... .... .......................... .................... 121.25 127.25
076.000
NURSERY, PLANTS (See note D) ....................................................... 60.50 63.50
077.000
077.010
077.020
PATROL, NIGHT PATROLMAN, OR PRIVATE WATCHMAN:
Firm (See note B) .............................................................................. 82.50 86.50
Individual (See note B) ..................................................................... 3&.50 40.25
078.000
PAWN BROKER (See note B)............................................................. 363.75 381.75
079.000
079.010
PETROLEUM PRODUCTS, wholesale .............................................. 242.50 254.50
Petroleum products, deliver/sale, includes LP ................................ 121.25 127.25
080.000
PHOTOGRAPHY (See note B).............................................................. 60.50 63.50
081.000
PIANO T'UNER ....................................................................................... 27.50 28.75
082.000
P~~<:i OR ANOD~G, ~TAL.................................................. c50.50 t>3.50
083.000
PRINTING, PUBLISHING, ENGRA VING, LITHOGRAPHING AND
BINDING (includes blueprinting services) ................................................. 66.50 t>9.25
084.000
084.010
084.020
084.030
084.040
084.041
084.050
084.060
084.070
084.090
084.100
PROFESSION (per licensee and per location)
Accountant (See note D if CPA)...............:..................................... 110.25 115.75
Architect (See note D)..................................................................... 110.25 115.75
Attorney (See note D) .....................................................................110.25 115.75
Chiropractor (See note D) ...............................................................110.25 115.75
Counselor/social worker (See note D) .............................................. 82.50 86.50
Court reporter .. ..... ...... .... ....... ... ... ..... ...... ... ... ........ ...... .... .....11....... .... ... 82.50 86.50
9
. ~ ~.. ,,'" . ., I '. '. : . \ _ . " . "I' I ~ . '. .' . . ~. ~ I''','' . . I' . '. . .' .. ~ . ... : "':", . ~. . ". '.' _ .', .
084.110
084.120
084.130
084.140
084.150
084.160
084.170
084.180
084.190
084.200
084.210
084.220
084.230
Engineer (See note D) ...................................................................... 110.25 115.75
Homeopathic physician ................................................................... 110.25 115.75
Occupational therapist (See note D) ............................................... 110.25 115.75
(Reserved)
Optician, including sale of lenses and frames (See note D) ........... 110.25 115.75
Optometrist (See note D) ................................................................ 110.25 115.75
Reserved
Physician (See note D) .................................................................... 110.25 115.75
Physiotherapist (See note D) ........................................................... 110.25 115.75
Profession, NOC ............................................................................. 110.25 115.75
Psychologist (See note D) ............................................................... 110.25 115.75
Surveyor (See note D) ..................................................................... 110.25 115.75
Veterinarian (See note D)................................................................ 110.25 115.75
085.000
PROMOTER/PROMOTIONS
(See note B)(If temporary, per event) .............:..................................... 220.50 231.50
086.000
RA~OAD .................................................................. .... ..................... 218.00 260:25
087.000
RECORDIN'G STUDIO ........... .............. ................ ...... ............. ..... ......... 60.50 63.50
088.000
REFUSE COllECTION AND
DISPOSAL SERVICE (See note Band Sec 32.292 City Code) ......... 248.00 260.25
089.000
089.010
089.020
REFUSE MACHINE, COMPACTIN'G AND/OR BINDING:
Owner or lessor ............. .... ................. ............................. ..... ........... 242.50 254.50
Operator or lessee............................................................................ 110.25 115.75
090.000
090.010
RENTAL, NOC (See note B).................................................................. 60.5Q 63.50
HaIVfacility/property, nonresidential use (See note B) .................. 110.25 115.75
091.000
RENTAL, UNITS (2 or more) ................................................................ 27.50 28.75
Plus, per unit over 5 ............................................................................ ~ 1.60
092.000
REPAIR AND SERVICE, NOC (includes handyman) ......................... 49.50 51.75
Plus, for each employee (other than owner) ..................................... 11.00 11.50
093.000
093.010
093.020
093.030
093.040
093.050
093.060
093.070
093.080
093.090
093.100
RESTAURANT (See note D~ and Note B for alcoholic beverage sales)
1--10 seats ............... .....,.. ..........., ... .... ...... ................ .... ... .......... .... ... ... 38.50 40.25
11--25 seats............. ,.... .......... ...... ................. ..... ...... ...... ........... ... .... ... 60.50 63.50
26--50 seats... ......... ....... ..... ......... ..... .... .... ..... .... ......... .... .......... ........ 1-21.25 127.25
51--100 seats... ... ......... ...... ... ................ ......... ..... .... .... .... .... ... ....... .... 1 g 1.75 190.75
101 or more seats............................................................................. 242.50254.50
Snack bar,. soda fountain ............................ ................ .............. ......... 49.50 51.75
C ",. dJ d I.. 49 50 51 75
onCeSSlOn stan ven or, per ocatlOn or umt................................... .
Canteen wagon or truck, per mobile unit.......................................... 55.00 57.75
D. -. dri - h hi k d I.v 8250 86 50
nve In or ve t roug ta e out or e 1 ery ................................... .
Nightclub/bar/tavemlcabaretllounge (See note B~ see adult use
10
Ordinance 6918-02
. . ,., . f . I " -~ , '. ",. . . '. t. . . ~. ". .'.,A.. ;0' , .
entertainment; see commercial recreation/entertainment,
entertainers) .... .... ... ...... .... ... .... .... ... .... ........... ....... ............. .......... ..... 212.50 254.50
093.110
Dancing area...... ........... ...... ........... .... .................. ...... ......... .... ........... 49.50 51.75
094.000
SCHOOLS - TRADE, STUDIO AND INSTRUCTION (See note D; also
see note B for dancing or charm schools) ............................................... 60.50 63.50
095.000
SECRETARIAL SERVICE (includes stenographers) ........................... 60.50 63.50
096.000
SEWING (DRESSMAKER, SEAMSTRESS, TAILOR, etc.).............. 49.50 51.75
097.000
SHOE REPAIR (OR BOOT BLACK STAND) .................................... 49.50 51.75
098.000
SITfING - HOUSE, PLANT, PET (See note B) ................................... 5$.00 57.75
098.500
SPECIAL EVENTS - CITY SPONSORED,
Per day, per exhibit.............................................................................. ~ 1.10
099.000
099.010
099.020
STORAGFlW AREHOUSING
Indoor, per 1,000 square feet (minimum $50 fee) ............................ 11.00 11.50
Outdoor, per 1 ,000 square feet (minimum $50 fee) ........................ 22.00 23.00
100.000
T A TrOO PARLORS (See note D and Florida
State Statute 877.04) .......... ........... ....... ............................. ..................... 110.25 115.75
101.000
TAXICAB COMPANY, includes first vehicle
(See notes-B and Chapter 25) ..........................:....................................... 60.50 63.50
Plus for each additional vehicle ........................................................ 22.00 23.00
102.000
TAXIDERMIST ...................................................................................... 49.50 51.75
103.000
103.010
103.020
103.030
103.040
103.050
TELEPHONE AND TELEGRAPH
Telephone, company ..................... .................................................. 248.00 260.25
Each branch office ....... .... ... ... .... ............. .../. .................. ......... ... .... .... 33.00 34.50
Telephone, business, private {includes 900 service; see note B) ..... 60.50 63.50
Telephone, solicitation (See notes B and D) .................................... 60.59 63.50
Telephone, answering service ........................................................... ~ 63.50
104.000
TOILETS, PORTABLE SERVICE ...................................................... 110.25 115.75
105.000
105.010
105.020
TRAILER, CARGO (for boat trailers, see boats)
Trailer, cargo, sales and service ......................................................... 60.50 63.50
Trailer, cargo, rental.............. ............ ........ ......... ....................... ........ 49.50 51.75
106.000
TRANSIT OR READY-MIX CEMENT AND CONCRETE............. 242.50 254.50
(This license required of any distributor making deliveries and/or sales within city limits,
regardless of location of plant.)
11
Ordinance 6918-02
---LJ
.'" ",.1:' " .~', . '.' . _ . ",', " ~. ~ . .: .. ~ .;.: ,'.'" "t'. .' I'..' ',.. ' 't'" '. I:' . '.~ .... I" "
107.000
TRANSPORTATION SERVICES (bus station - interstate, chartered,
limousine, sightseeing) (See chapter 25; see note B) ................................. 231.50 243.00
108.000
VACUUM CLEANER SALES AND SERVICE .................................. 60.50 63.50
109.000
VALET PARKING ...................................................... ........... ......... ....... 55.00 57.75
110.010
110.020
VENDING MACHINES (excluding amusement, music machines, cigarette or
stamp machines)
Dealer or lessor 60.50 63.50
................................................................................. .
Operator or lessee, per machine........................................................ 11.00 11.50
110.000
111.000
VIDEO OR FII..M RENT ~ ................................................................ 60.50 63.50
112.000
WRECKING YARD ............................................................................. 212.50 254.50
113.000
UNCLASSlFIED, every business occupation, profession or exhibition, substantially fixed or
temporarily engaged in by any person within the city and for which no license has been
ordained and not herein specifically designated (See note B) ..............121.25 127.25
OTHER RELATED OCCUPATIONAL UCENSE FEES/CHARGES:
The DUPUCATE UCENSE FEE shall be $-h)-15.75.
The MINIMUM occupational tax shall be $25.00 (State Statute).
PENALTY, DELINQUENT AND ADMINISTRATIVE FEES:
The PENALTY FEE (operating prior to obtaining a license) shall be equal to 25 percent of the established fee.
The DELINQUENT FEE shall be ten percent for the month of October plus five percent for each month of
delinquency, not to exceed 25 percent of the established occupational license tax.
In addition to penalty fee, ~he administrative fee shall be two times the normal fee with a maximum of $250.00
per license on accounts not paid by January 31st following the renewal notice
The REGISTRATION FEE shall be $~26.25.
A TRANSFER FEE shall be up to 10% of the annual license tax but not less than $3 or more than $25.
Notes:
A.
Requires approval by the city commission.
B.
Requires city police department recommendation. The applicant shall complete a background
information report, executed under oath, and shall submit to a background investigation,
photograph, and fingerprints. The recommendation shall be based upon the criteria set forth in
section 29.41(6) and shall include a statement of the facts upon which the recommendation is
Ordinance 6918-02
12
, , t .. .'. " . .. t .. . '
based.
c. RESERVED
D. Requires inspection, approval or license of state or county authority.
Noe - Not otherwise classified.
Section 2. 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:
Leslie Dougall-Sides
Assistant City Attorney
Cynthia E. Goudeau, City Clerk
13
Ordinance 6918-0'2
.~: UJ
MOTION TO AMEND ORDINANCE NO. 6918-02 ON SECOND READING
~ .
On page 10, amend Ordinance 6918-02 as follows:
Appendix A-SCHEDULE OF FEES, RATES AND CHARGES, XXVIII.
OCCUPATIONAL LICENSE FEES, 091.000, RENTAL, UNITS is amended as follows:
091.000
RENTAL, UNITS (1-5) (2 or more) ...................................27.50 28.75
Plus, per unit over 5... ......... ...... ...... ..................... ...:k55 1.60
J1U
Pamela K. Akin
City Attorney
April 11, 2002
"
t
,
i
i
.. I' . ~, . ~ . .' .' .' . , . . ' " . . . .' " ' . '.
Second Reading
ORDINANCE NO. 6984-02
AN ORDINANCE OF THE CITY OF
CLEARWATER, FLORIDA, RELATING TO
UTILITIES; AMENDING SECTION XXVI,
CLEARWATER GAS SYSTEM FEES, RATES,
AND CHARGES OF APPENDIX A - SCHEDULE
OF FEES, RATES AND CHARGES, OF CODE
ORDINANCES OF THE CITY OF CLEARWATER
TO PROVIDE REVISED RATES FOR THE
CLEARWATER GAS SYSTEM; AND
PROVIDING FOR AN EFFECTIVE DATE.
10.
WHEREAS, the current gas rates and service charges of the
Clearwater Gas System have been effective since March 1, 1999; and
WHEREAS, it is determined to be fair and reasonable to adopt the
recommendations of the Clearwater Gas System to establish gas rates and
service charges based on the cost to serve the various classes of customer;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY
COMMISSION OF THE CITY OF CLEARWATER, FLORIDA:
Section 1. That Appendix A - Schedule of Fees, Rates and Charges
of the Code of Ordinances of the City of Clearwater is hereby amended as
follows to make changes to Section XXVI. Clearwater Gas System Fees,
Rates, and Charges:
XXVI. CLEARWATER GAS SYSTEM FEES, RATES AND CHARGES:
Rate schedules, fees and charges (9 32.068):
(1) Natural gas seNice rates. The following monthly rates shall apply to
all customers who are provided the availability of natural gas service
by the Clearwater Gas System, based on their applicable class of
service:
(a) Residential natural gas service (rate RS): Firm natural gas service
for domestic uses in all residences of three units or less.
Ordinance No. 6984-02
Monthly customer charge. . . . 7.00
Non-fuel energy charge, per therm . . . . 0.580
Minimum monthly bill. . . . 7.00
(b) Small multi-family residential service (rate SMF): Firm natural gas
service for all domestic applications within the living units of
multi-family buildings of four units or more and the total annual.
consumption at the premise is 0--17,999 therms.
Monthly customer charge. . . . $15.00 .
Non-fuel energy charge, per therm . . . . 0.580
Minimum monthly bill . . . . 15.00
(c) Medium multi-family residential service (rate MMF): Firm natural gas
service for all domestic applications within the living units of
multi-family buildings of four units or more and the total annual
consumption at the premise is 18,000--99,999 therms.
Monthly customer charge. . . .20.00
Non-fuel energy charge, per therm . . . . 0.580
Minimum monthly bill . . . . 20.00
(d) Large multi-family residential service (rate LMF): Firm natural gas
service for all domestic applications within the living units of
multi-family buildings of four or more and the total annual
consumption at the premise is 100,000 or more.
Monthly customer charge. . . .50.00
Non-fuel energy charge, per therm . . . . 0.580
Minimum monthly bill . . . . 50.00
(e) Small natural gas general service (rate 5GS): Firm natural gas
service for all commercial, industrial, and other applications
where no other rate is applicable and the customer's annual
consumption at the premise is 0--17,999 therms.
Monthly customer charge. . . . 15.00
2
Ordinance 6984-02
, .' . I . " .'. .', ..' . '. ." _ _' .
. .. I' II' ,
Non-fuel energy charge, per therm . . . .0.470
Minimum monthly bill . . . . 15.00
(f) Medium natural gas general service (rate MGS): Firm natural gas
service for all commercial, industrial, and other applications
where no other rate is applicable and the customer's annual
consumption at the premise is 18,000--99,999 therms.
Monthly customer charge. . . . 20.CO
Non-fuel energy charge, per therm . . . . 0.410
Minimum monthly bill . . . . 20.00
(g) Large natural gas general service (rate LGS): Firm natural gas
service for all commercial, industrial, and other applications
where no other rate is applicable and the customer's annual
consumption at the premise is 100,000 therms or more.
Monthly customer charge'. . . . 50.00
Non-fuel energy charge, per therm. . . . 0.350
Minimum monthly bill . . . . 50.00
(h) Interruptib/~ natural gas service (rate IS): Interruptible natural gas
service available under a standar~ agreement for typically
industrial applications where the customer's annual
consumption at the premise is 100,000 therms or more; the
customer agrees contractually to purchase a minimum of 250
therms/day (excluding curtailment days); and where the
customer has either installed alternative fuel capability and/or
contractually agrees to curtail service at the request of the
Clearwater Gas System, subject to penalties for failure to
comply.
Monthly customer charge . . . . 100.00
Non-fuel energy charge, per therm . . . . 0.280
Minimum monthly bill . . . . 100.00
Plus the non-fuel therm rate for the minimum number of
contract therms per day
3
Ordinance 6984-02
, ., . J' -;, .' l' . ~ ." . t . . . .
(i) Contract natural gas service (rate CNS): Contract natural gas
service for special applications and conditions approved by the
CGity Mmanager or designee. This rate is typically applicable where
competitive fuel sources are confirmed to be available to the
customer and a special rate with special conditions are required to
obtain/retain the customer. This rate may be used to construct a
special standby rate where the customer requires capability to
serve, but normally uses an alternative energy source. Such service
must fall within the normal construction feasibility formula to insure a
profitable payback to the Csity.
Monthly customer charge....
As established by contract (typically the
same as the normally applicable service
class)
Non-fuel energy charge....
Per therm as established by contract
Minimum monthly bill....
Monthly customer charge plus the non-
fuel therm rate for a contract level of
monthly consumption
G) Residential natural gas air conditioning service (rate RAC): Firm
natural gas service for domestic gas air conditioning in all
residences of three (3) units or less where the gas air conditioning
load is separately metered.
Monthly customer charge....
$ 7.00 only if this is not already being
billed on another metered account at the
premise on a firm rate schedule
Non-fuel energy charge, per therm....
0.200
4
Ordinance 6984.02
Minimum monthly bill....
$ .7 .00 at the premise on a firm rate
schedu Ie
(k) General natural gas air conditioning service (rate GAG): Firm natural
gas air conditioning service for all commercial, industrial, and other
non-residential applications where the installed gas air conditioning
capacity is 0--149 tons and the gas air conditioning load is separately
metered.
Monthly customer charge....
$ 15.00 only if this is not already being
billed on another metered account at the
premise on a firm rate schedule
5
Ordinance 6984-02
Non-fuel energy charge, per therm....
$ 0.150
Minimum monthlybill....
$ 15.00 at the premise on a firm rate
schedu Ie
(I) Large natural gas air conditioning service (rate LAC): Firm natural
gas air conditioning service for all commercial, industrial, and other
non-residential applications where the installed gas air conditioning
capacity is 150 tons or more and the gas air conditioning load is
separately metered.
Monthly customer charge....
$ 20.00 only if this is not already being
billed on another metered account at the
premise on a firm rate schedule
Non-fuel energy charge, per therm....
$ 0.1 00
" " . '. " . ' " '." ~ I j" '..: l ' . I , ,'I \ \.. .
Minimum monthly bill....
$ 20.00 at the premise on a firm rate
schedule
(m) Natural gas street lighting service (rate SL): Natural gas service for
lighting of public areas and ways. Service may be metered or
estimated at the discretion of the gas system. The customer may
elect to subscribe for normal street lighting maintenance and
relighting labor service, or they may call ,Clearwater Gas System for
repair service and pay normal hourly labor charges (see other
miscellaneous gas charges), or they may elect to maintain their own
lights. Repair equipment and/or parts supplied by Clearwater Gas
System will be billed as required. When the gas system provides
poles, fixtures, piping, and/or installation labor beyond the service
connection point, facilities contract charges may be assessed.
Monthly customer charge. . . . 15.00
Non-fuel energy charge, per therm . . . . 0.200
Normal maintenance and relighting labor service charge, per therm .
. . . 0.1 00
Plus any required equipment/part$
Minimum monthly bill . . . . 15.00
Plus any applicable facilities contract charges
(n) Contract natural gas transportation service (rate CTS): Service for
transportation of someone elsels natural gas through the Clearwater
Gas System for supply to another gas system or an individual
customer. This is handled like a contract natural gas service and
must be approved by the Qsity Mmanager or designee. Provision of
this service must fall within the normal construction feasibility formula
to insure a profitable payback to the Csity.
6
Ordinance 6984-02
Monthly customer charge....
As established by contract (typically the
same as the normally applicable service
class)
Non-fuel energy charge....
Per therm as established by contract
(typically the same as the normally
applicable service rate plus charges for
balancing services and any additional
services desired by the customer)
Minimum monthly bill....
Monthly customer charge plus the non-
fuel therm rate for a contracted level of
minimum monthly flow as well as any
facilities contract charges for special
facilities and metering required to provide
this transportation service
7
Ordinance 6984-02
(0) Natural gas vehicle service (rate NGV): Natural gas service for fleet
vehicle fueling. This is a contract rate approved by the Qsity
Mmanager. Provision of this service must fall within the normal
construction feasibility formula to insure a profitable payback to the
Csity. .
Monthly customer charge....
$ 7.00 for residential or $15.00 for
general service applications only if a
customer charge is not already being
biJIed on another metered account at the
premise on a firm rate schedule
Non-fuel energy charge, per therm....
$ 0.100 plus any applicable customer-
specific or public fill station per therm
facilities charges required to provide this
service
Minimum monthly bill....
Monthly customer charge, if applicable,
plus any monthly facilities contract
charges for special facilities, metering or
fleet conversion costs required to provide
this service
Note: The total energy charges for this service including all
adjustments, facilities charges, taxes, etc. may be expressed
as a rate "per gallon equivalent of gasoline. II
(p) Natural gas emergency generator or other standby service (rate
NSS): Natural gas service to a metered account, separately
established for back-up service, where no substantial gas service is
used for year round purposes.
Monthly customer charge. . . . 30.00 25.00
Non-fuel energy charge, per therm . . . . .0.470
8
Ordinance 6984-02
Minimum monthly bill . . . . 30.00 25.00
Plus any facilities contract charges for the facilities and
metering required to serve this account
(2) Propane (LP) gas service rates. All of the following propano (LP) gas
sorvice rates are closed rato schedulos for new custemors affective
March 1, 1 ggg and ,-\'i11 terminato for all customors connocted before
March 1, 1 ggg on March 31, 2000. The following monthly rates shall
apply to all existing customers whe are provided the availability of
propane (LP) gas service by the Clearwater Gas System, until they
are converted to a roplacement rate schedule which shall bo no later
than March 31, 2000, based on their applicable class of service:
(a) R96idsntial profane gas ss:vice (rata RtP): Meterod or bulk
delivered LP service tor all domestic uses in all rosidonces of
three units or less.
Monthly customer chargo . . . . 7.00
Non fuel energy charge:
~r gallon. . . . 0.750
(~ per therm . . . . 0.820)
Minimum monthly bill . . . . 7.00
(b) MuJli family propane gas service (rata MLP): Metered or bulk
delivered LP service for all domestic applications within the
living units of multi family buildings of four units or moro.
Monthly customer charge. . . . 15.00
Non fuel energy charge:
Por gallon. . . . 0.750
( per therm . . . . 0.820)
Minimum monthly bill . . . . 15.00
(c) General propano gas service (rata GLP): Metered or bulkdeli'lored
LP servico fer all commercial, industrial, and other
applications where no other rate is applicable and tho annual
consumption at the premise is 0 2,499 gallons.
Monthly customor charge. . . . 15.00
Non fuel energy charge:
Por gallon. . . . 0.390
( per therm . . . . 0.426)
Minimum monthly bill . . . . 15.00
(d) Large profane gas ser/icB (rata LLP): Metored or bulk deliverod LP
service for all commercial,. industrial, and other applications
whero ne ether rata is applicablo and tho annual consumptioR
at tho premise is 2,500 gallons or more.
Monthly customer charge'. . . . 20.00
Non fuel energy charge:
Per gallon . . . . 0.320
(- per tharm . . . . 0.350)
9
Ordinance 6984-02
-~,,1'J.::'..,~ :,..; ..',r'_ :,;,,:;-_;!fr~. 7f'.\"~"'t\ .J' .,
Minimum monthly bill . . . . 20.00
(e) Contract profane gas service (CLP): Contract metered or bulk
delivorod LP gas sorvico for special applications and
conditions approved by tho city manager or designeo. This
rate is typically applicablo whero competitive fuol sources are
confirmed to bo available to tho customor and a special rate
with special conditions aro roquired to obtain/rotain tho
customor. Such servico must fall within tho normal
construction feasibility formula to insure a profitable payback
to the city.
Monthly customer charge....
As ostablishod by contract (typically the
samo as tho normally applicablo service
class)
Non Fuel Margin Rato....
Por gallon as established by contract
Minimum monthly bill....
10
Ordinance 6984-02
Monthly customer charge plus tho non
fuol usage rato for a contracted level of
monthly consumption
(f) Propane (LP) gas vehicle S9f'lice (ratG LPV): Propane gas sorvico
for fleet vehicle fueling. This is a contract rato approvod by the
city managor. Provision of this sorvico must fall within tho
normal construction feasibility formula to insure a profitable
payback to the city.
Menthly customor chargo....
$ 7.00 for residential or $16.00 for
goneral sorvico applications only if a
customor charge is not alroady being
billed on another motorod account at the
premise on a firm rate schedulo
'. .' '. . ' .' ", . ~ .... . I . ~, ., . ~. .' ..
Non fuel onergy charge....
$ 0.100 per gallon -
$ .0.1 09 per therm plus any applicable
customer specific or public fill station
facilities charges required to provide this
service
Minimum monthly bilL..
MGRthly customer charge plus any
applicable monthly facilities contract
charges for special facilities, metering or
floot conversion costs roquired to provide
this service
Note: The total energy charges for this sorvice including all
adjustments, facilities charges, trows, etc. may be expressed
as a rate "per gallon equivalent of gasoline."
(g) Prof3ne gas emergency gDner~tor or other standby service (rate
LPS): LP gas service to an account separately established for
back up service, either metered or bulk delivered, where no
other substantial gas service is used for year round purposes.
Monthly customer charge . . . . 25.00
Non fuel energy charge:
Per gallon. . . . 0.390
( per therm . . . . 0.426)
Minimum monthly bill . . . . 25.00
Initial usage charge 1\ one time charg9-for the
number of gallons required
te initially fill tho LP taRk
(sizo as requosted by the
. customer)
~ The following monthly rates shall apply to all RaW customers as of
March 1, 1999, who are provided the availability of propane (LP) gas
11
Ordinance 6984-02
, .
service by the Clearwater Gas System, based on their applicable
class of service:
(a) Residential Bulk Propane Gas Service (Rate BRLP): Bulk delivered
LP service for IIvear round" aU domestic uses Jsuch as water heatinQ,
cookina. heatinQ, clothes drying, and liahtinql in all residences of
three (3) units or less.
Usage Class Annual Non-fuel Non-fuel Non-
Units/Gallons Energy Charge Energy Charge refundable
per Gallon per Therm Annual
Customer
Charge
1 0-60 $1.500 1.300 $1.639 1.421 $96.00 84.00
2 60.1--120 1.300 1.150 1 .421 1.257 72.00 60.00
3 120.1--300 0.800 0.700 0.874 0.765 60.00 48.00
4 >300 0.700 0.600 0.765 0.656 48.00 36.00
12
Ordinance 6984-02
Budget billing is availablo for this customer class.
(b) Residential Pool/Spa Hsat Only "Will Call" Pro/Jane Gas Setvice
(Rate WRLP BRV/CLP): Bulk delivered LP Service for "leisure living"
domestic uses (such as pool/spa heatinQ, fireplaces, and Qrills).
domostic pool and spa heat only uses in all residences of three (3)
units or less.
A "Will Call" customer is responsible for monitorino tank fuel level
and requestinQ propane deliverv.
No trip charge for delivery if customer can wait for a normally
scheduled 3-business day delivery. Trip charges for early delivery are
~
Annual Gallons
Non-fuel Energy
Charge per Gallon
Non-fuel Energy
Charge per Therm
Non-refundable
Annual Customer
Charge
1 st 300
$0.800 0.700
$0.874 0.765
$48.00 36.00
>300
0.700 0.600
0.765 0.656
Rata BR\^/CLP Requiroments:
Must bo a "\^.'i11 Call" customor
No trip charge for dolivol)' if customer can wait fer a normally
scheduled 3 businoss day delivor)'.
$40.00 trip charge for next day delivery.
$40.00 charge and $60.00 surcharge for same business day, holiday
or woekend delivery.
13
Ordinance 6984-02
Budget billing is available for this customer class.
(c) Residential Pool/Spa Heat On!y "SPLASH" Gas SeMc9 (Rate
BRSPLP): Bulk deliverod LP sorvice for domestic pool and
spa heat only uses in all residonces of throe (3) units or less.
.Usage Class Annual Non fuel Non fuol Non
Ynits/Gallons Energy Charge Enorgy Charge rofundable
per Gallon per Therm Annual
Customer
Charge
4- 1 st 200 $0.600 $0.656 $36.00
>200 0.500 0.546
a 1 st 400 0.600 0.646 36.00
1:.400
I 0.500
I 0.546
Rate BRSPLP Roquirements:
Must be a "'Nill Call" customer.
Customers must prepay for initial block amount of fuel (non
refundable).
No trip chargo for delivery if customor can v.fait for a normally
schodulod 3 business day delivery.
$40.00 charge for next day deliver)'.
$40.00 trip charge and a $60.00 surchargo for same businoss day,
holiday or wookend delivory.
!Q) Residential Loop System Propane Gas Service (Rate LRLPt
Metered deliverv LP service for all domestic uses within a loop
deliverv system (Propane Distribution system servino multiple
customers.),
Monthly Customer Charge. . . . . . . . . . . . . $7.00
Non-Fuel Eneray Charge
Per gallon. . . . . . . . . $0.800
J= Per therm . . . . . . . $0.874
Minimum Monthlv Bill . . . . . .$7.00
(d) Commercial Propane Gas Service (Rate BCLP): Bulk delivered LP
service for commercial, industrial, and other applications where no
other rate is applicable.
Usage Class
Annual
Units/Gallons
Non-fuel. Non-fuel
Energy Charge Energy Charge
per Gallon per Therm
14
Non-
refundable
Annual
Customer
Charge
Ordinance 6984-02
1 0--2500 $0.200 $0.219 $60.00
2 >2500 0.150 O. 164 60.00
(e) Residential Metered Propane Gas Service (Rate MRLP): Metered
delivered LP service for all domestic uses in all residences of three
(3) or less.
Monthly customer charge. . . . $7.00
Non-fuel energy charge:
Per gallon . . .. 1 .600 1.400
(=Per therm . . .. 1.749 1.530)
Minimum monthly bill . . . . 7.00
(f) Multi-family Metered Propane Gas Service (Rate MMLP): Metered
delivered LP service for all domestic applications within the living
units of multi-family buildings of four (4) units or more.
Monthly customer charge. . . . $15.00
Non-fuel energy charge:
Per gallon. . .. 1 .600 1.4 00
(=per therm . . .. 1.749 1.630)
Minimum monthly bill . . . . 15.00
(g) General Metered Propane Gas Service (Rate MGLP): Metered
delivered LP service for all commercial, industrial, and other
applications where no other rate is applicable and the annual
consumption at the premise is 0--2,500 gallons.
Monthly customer charge. . . . $15.00
Non-fuel energy charge: .
Per gallon. . . . 0.200
(=Per therm . . . . 0.219)
15
Ordinance 6984~02
Minimum monthly bill . . . . 15.00
(h) Large Metered Propane Gas Service (Rate MLLP): Metered
delivered LP service for all commercial, industrial, and other
applications where no other rate is applicable and the annual
consumption at the premise is more than 2,500 gallons.
Monthly customer charge. . . . $20.00
Non-fuel energy charge:
Per gallon. . . .0.150
(= per therm . . . . 0.164)
Minimum monthly bill. . . . 20.00
(i) Contract Propane Gas Service (Rate CLP): Contract metered or bulk
delivered LP gas service for special applications and conditions
approved by the city manager or designee. This rate is typically
applicable where competitive fuel sources are confirmed to be
available to the customer and a special rate with special conditions
are required to obtain/retain the customer. Such service must fall
within the normal construction feasibility formula to' insure a profitable
payback to the city.
Monthly customer charge. As established by contract (typically the
same as the normally applicable service class)
16
Ordinance 6984-02
Non-fuel margin rate. Per gallon as established by contract
Minimum monthly bill. Monthly customer charge plus the non-fuel
usage rate for contracted level of monthly consumption.
0) Propane (LP) Gas Vehicle Service (Rate LPV): Propane gas service
for fleet vehicle fueling. This is a contract rate approved by the Csity
Mmanager or designee. Provision of this service must fall within the
normal construction feasibility formula'to insure a profitable payback
to the city.
Monthly custo'mer charge. $7.00 for residential or $15.00 for general
service applications only if a customer charge is not already being
billed on another metered, account at the premise on a firm rate
schedule.
Non-fuel energy charge. $0.100 per gallon = $0.109 per therm plus
any applicable customer-specific or public fill station facilities
charges required to provide this service.
Minimum monthly bill. Monthly customer charge plus any applicable
monthly facilities contract charges for special facilities, metering or
fleet conversion costs required to provide this service.
Monthly customer charge. $7.00 for residential or $15.00 for general
service applications only if a customer charge is not already being
billed on another metered account at the premise on a firm rate
schedule.
Note: The total energy charges for this service including all
adjustments, facilities charges, taxes, etc., may be expressed as a
rate "per gallon equivalent of gasoline. II
(k) Propane Gas Emergency Generator or Other Standby Service (Rate
LPS): LP gas service to an account separately established for back-
up service, either metered or bulk delivered, where no other
substantial gas service is used for year round purposes.
. .
Monthly customer charge. . . . $30.00 25.00.
Non-fuel energy charge:
17
Ordinance 6984-02
Per gallon. . . . 0.390
(= per therm . . . . 0.426)
Minimum monthly bill. . . . $30.00 25.00
Initial metered usage charge. A one-time charge for the number of
gallons required to initially fill the LP tank (size as requested
by the customer).
(I) A minimum fill charge of $40.00 for bulk or motored delivery
customers that roquast a deliver in less than 3 businoss days,
except that there will be no charge if the tank is loss than 300k
full at the time of tho fill.
@(4) Other gas charges. The following charges and fees may also be
applied to customers of the Clearwater Gas System served under an
applicable natural gas or propane (LP) gas service rate:
. ;~ .. .' ,';~ I , '. '." , ' . . I' ' . .. '. ~ '. '.".' .: ~ "
, ..' ," . r ..' I I " . - -, 'l
(a) Facilities contract charge (rider FCC): A rider applicable to any of the
above rates to cover installation of facilities beyond those
typically provided to other customers of the class or beyond
the costs incorporated into the applicable gas rate.
On-going FCC charges.."
A monthly flat or per unit consumed
charge calculated to cover the on-going
estimated maintenance costs associated
with the special or additional facilities.
These charges will be contractual and
subject to annual revisions upward based
on the CPI index or based on a revised
cost calculation at the discretion of the
Csity Mmanager or designee.
18
Ordinance 6984-02
Time-limited FCC charges....
A.monthly flat or per unit consumed
charge calculated to cover the costs
associated with additional facilities as
requested by the customer, excess main
and service construction costs which do
not meet the construction feasibility
formula, or appliance/equipment sales
costs. Such charoes may include other
applicable costs associated with
fu rnishino the requested facilities.
includino financino costs. Where such
FCC charges result from the additional
costs incurred by Clearwater Gas System
at the request of the developer to achieve
feasibility. such FCC charQes are bindinQ
upon the future customers/occupants of
such applicable accounts for the period
necessary to meet the feasibility
calculation for the proiect. The interest
rata will typically be at tho currently
applicable cost of marginal funds to the
gas system (gas revenue bonds or otheF
financing instrumonts). Tho interest rate
w!ll bo sot by contract and approved by
the city manager or desigAoo based on a
roview of tho currontly applicable
financing rates available to the gas
system and may bo rovised from time to
time.
Public fill station facilities charge....
A natural gas per therm or propane (LP)
per gallon charge calculated to recover
the common facilities costs to provide
such service. This will be calculated and
may be updated from time-te-time by the
gas system and approved by the CGity
Mmanager or designee.
(b) Purchased gas adjustment (rider PGA): A rider applicable to all
natural gas therm rates and propane (LP) gallon rates to
recover the cost of the Clearwater Gas System CGS'g
purchased gas supply, including losses and use by gas
system facilities/equipment and other applicable expenses.
19
Ordinance 6984-02
. :. ~ . . , t,' . ' ;. ' .' . I l \ ',~.. I {..... I . ". ~ . .' ^', .~: ... . . .. .:'" .' . .. ' I" . ,
The currently calculated PGA rates for all rate schedules,
unless specifically broken out by contract, are:
Natural gas firm standard rate schedule PGA, per therm . . 0.580
0.405
Natural gas interruptible and contract (non-standard) rate schedule
PGA, per therm . . . .0.500 0.300
Propane (LP) gas rate schedule PGA:
Per gallon. . . .0.520 0.450
(= per therm . . . .0.568 0.513)
The above PGA rates are based on the weighted average cost of
gas (WACOG) as currently approved for March 2002 January 1999.
These PGA rates will normally be adjusted semi-annually in April and
October and may be adjusted upward or downward from time-to-time
with the approval of the CGity Mmanaget or designee based on
actual and projected supply costs and projected consumption levels
in order to recover the total cost of the gas system's supply plus all
costs attributable to the acquisition of system supply gas and other
applicable expenses. The over or under recovery of these PGA costs
will be computed monthly and an adjustment in the PGA rate will be
made at the discretion of the CGity Mmanager QI designee; however,
tho PGJ\ rato will bo adjustod anytimo .th.a over or undor recovery for
oither natural or propane (LP) supply gas is projocted to exceed
$150,000.00. The differential between the Natural Gas Firm
Standard Rate Schedule PGA and the Natural Gas Interruptible and
Contract (Non-Standard) Rate Schedule PGA will be established and
approved by the city manager or designee for each semi-annual
period based on the available records for the most recent 12 months.
This differential will typically be computed by dividing the .
transmission pipeline "reservation charges" component of the
W ACOG by the therms sold te all of the natural gas firm rate
schedules. The gas system may also segment specific gas
purchases for specific targeted customer(s) based on contract.
(c) Energy conseNation adjustment (rider ECA): A rider applicable to all
firm standard Jnon-contractLnatural gas therm rates and !lQ!1:
contract standard propane (LP) gallon rates to recover the cost of
energy conservation programs undertaken by the Clearwater
20
Ordinance 6984-02
Gas System as aM approved by the CGity Mmanager or designee.
The ECA will not be applied to interruptible natural gas or contract
rates. except for that portion of ECA. which is collected as a part of
the PGA. which may be up to one-half of the currently applicable
ECA billina rate. The currently calculated ECA rates are:
Natural Gas Rate Schedule ECA. per therm . . . . 0.160 0.040
Propane (LP) Gas Rate Schedule ECA:
Per gallon. . .. 0.160 0.037
(= per therm . . . . 0.175 O.04G)
The above ECA rates are based on expense levol rates as currently
approved for March 2002 January 1999. These ECA rates will
normally be reviewed semi-annually in April and October and may be
adjusted upward or downward from time-to-time with the approval of
the Csity Mmanager or desiC1nee based on actual and projected
energy conservation program costs and 'projected consumption
levels in order to recover the total cost of applicable gas system
programs as approved by the CGity MmanaQer since March 1,1995,
including energy conservation incentive payments as well as the
applicable labor and other costs attributable to such energy
conservation programs and other applicable expenses. The over or
under recovery of these ECA costs will be computed and an
adjustment in the ECA rate will be made at the discretion of the Csity
Mmanager or desiqnee; however, tho ECA rate will be adjustod
anytime the ovor or undor rocovery is projectod to oxcoed
$150,000.00.
21
Ordinance 6984-02
(d) Environmental imposition adjustment (rider EIA): A rider applicable to
all firm standard !non-contractLnatural gas therm rates and non-
contract standard propane (LP) gallon rates to recover the cost of
environmental programs imposed on th~ Clearwater Gas System by
federal, state and local regulatory agencies. The EIA will not be
applied to interruptible natural gas or contract rates. The currently
calculated EIA rates are:
Natural Gas Rate Schedule EIA, per therm . . . . 0.000
Propane (LP) gas rate schedule EIA:
Per gallon . . . . 0.000
(= per therm . . . . 0.000)
.. '" . .'- ., " .,,' ' .' I \1
The above EIA rates are tho rates as currently approved by the city
managor effoctivo as approved for March 2002 January 1999. These
EIA rates will normally be reviewed semi-annually in April and
October and may be adjusted upward or downward from time-to-time
with the approval of the Csity Mmanager or desionee based on
actual and projected environmental project costs and projected
consumption levels in order to recover the total cost of gas system
environmental cost impositions as approved by the CGity Mmanager
since February 1, 1993, as well as the labor and other costs
attributable to such environmental projects. The over or under
recovery of these EIA costs will be computed and an adjustment in
the EIA rate may be made at the discretion of the CGity Mmanager or
desiQnee; however, the EII\ rate will bo adjustod anytime tho over
recovory is projected to excood the plan by $150,000. Theso EIA
costs may bo recovorod ovor an extendod time period as appro'lod
by tho city manager.
(e) Weather normalization adjustment (rider WNA): A rider applicable to
all natural gas therm rates and propane (LP) gallon rates to recover
loss of planned base non-fuel revenues to the Clearwater Gas
System due to unusually warm winter weather. The WNA rate is
currently approved for March 2002 January, 1999 at:
Natural gas rate schedule WNA, per therm . . . . 0.040 0.000
Propane (LP) gas rate schedule WNA, per gallon. . . .0.040 0.000
The WNA rates may be implemented based on actual heating
degree day data, the gas system's projections of the impact of this
weather on revenues, and projected consumption levels. The
implementation of the WNA will be at the sole discretion of the Csity
Mmanager or desianee only if the heating degree day data was at
least a ten percent variation below the ten-year historical average
and the CGity Mmanager or desionee determines that this has
created a material impact on the earnings of the Clearwater Gas
System for tho year warranting the WNA implementation. Any over
or under recovery or distribution may be.credited or debited to the
pga at the discretion of the CGity MfRanager or designee upon
discontinuance of the charge.
(f) Franchise and other city/county fees recovery clause (rate FFR): A
charge levied by the Clearwater Gas System on every purchase of
gas within a municipality or county area to recover the costs
assessed by governmental entities in accordance with the franchise
agreement in force between the City of Clearwater and that other
22
Ordinance 6984-02
.' .' , . ~ ' .' :. - , ' '" . . \" I" , ' ," ~
governmental entity and including any other otherwise unrecoverable
fees, special taxes, payments in lieu of taxes, or other impositions by
any governmental entity (including the City of Clearwater) on the
services of the Clearwater Gas System sold within such municipality
or county area. The fees collected within each governmental
jurisdiction shall be used exclusively to pay the franchise fees and
other governmental fees, taxes, and other impositions levied on
services within that governmental jurisdiction. Within the City of
Clearwater where a franchise agreement is not in force, the City of
Clearwater will levy a six percent payment in lieu of taxes on all
gross firm natural gas sales (excluding interruptible) and the
Clearwater Gas System will bill this in the same manner as if it were
a franchise fee, oxcopt that for contract natural gas sales tho rata will
ea.
Effective for bills ronderod on and aftor March 1, 1 999 2~~
Effective for bills ronderod on and aftor October 1, 1999 4~~
Effoctivo for bills renderod on and aftor October 1, 2000 6%
(g) Tax clause (TAX - Various): All taxes due the appropriate
governmental entities (such as but not limited to State of Florida
gross receipts tax, State of Florida sales. tax, county sales tax,
municipal utility tax, and others which may be legally levied from time
to time on the purchase of gas) will be billed to the customer
receiving such service and rendered to the governmental entity in
accordance with the applicable statute, ordinance, or other legally
enforceable rule.
(h) Other miscellaneous gas charges: The following charges are
applicable whenever applicable gas services are rendered the
customer:
Meter turn-on residential. scheduled next business day or beyond
(per account for new customers, seasonal reconnects, and after
nonpayment disconnect including turn-on of pilot lights) . . . . ~30.00
25.00
Meter turn-on residential, same day as requested by customer (per
account for new customers, seasonal reconnects, and after non-
payment disconnect including turn-on of pilot lights) . . . .~60.00
60.00
Discontinue Meter turn off residential service. . . . ,$25.00 20.00
23
Ordinance 6984-02
e e " , ',,' ' 'I ,'d ' , ,",' . . , ". . . ,'" ,,' ,'" '
. ,
Meter turn-on commercial/industrial scheduled next business day or
beyond (per account for new customers, seasonal reconnects, and
after nonpayment disconnect including turn-on of pilot lights) . . . .
$60.00 60.00
Meter turn-on commercial/industrial, same day as requested by
customer (per account for new customers, seasonal reconnects, and
after nonpayments disconnect including turn-on of pilot lights) . . .
~ 120.00 75.00
Discontinue Moter turn off commercial service. . . . $50.00 40.00
Meter read for residential account change (no meter turn-on required
but may include turn-on of gas pilot lights) . . . . $30.00 25.00
Meter read for commercial/industrial account chanqe (no meter turn-
on required but may include turn on of oas pilot lights). . . .$60.00.
Replace broken stop or locks on meters'. . . . Time and & materials
Relocate gas meter . . . . Time and materials
Turn-on gas pilot lights only (per account) . . . . ~30.00 20.00
Turn-off gas pilot lights only (per account) . . . . ~25.00 15.00
Repair or installation work (one hour minimum) plus materials:
1 person crew time on-site/hour. . . .$59.00 48.00
2 person crew time on-site/hour. . . .$99.00 88.00
Overtime surcharge for all work including installation. service and
repair. and maintenance (as requested by the customer for eveninos.
weekends. and holidavs) . . . . Double normal charoe fate
Overtime surcharoe for call-out turn-ons (as requested bv the
customer for evenings, weekends. and holidavs). . . . Double same
day charge
Special meter reading (per account at customer request including
billino inquiries where reading is determined to be accuratet !Q!ll
account).. . . ~25.00 16.00
Gas meter test at customer request- if results are within limits (per
mater at customer roquest) . . . . $50.00 26.00
24
Ordinance 6984-02
Reset residential gas meter after same customer requests removal
(per meter) . . . .$100.00 50.00
Unauthorized meter bypass or hookup. . . . Time and materials plus
ten percent of the average monthly bill for each day since last
reading .
Installation, maintenance and removal of service line excess flow
valves as requested by the customer. . . . Time and & materials
Emergency response for other utilities. ; . . Time and & materials
Evacuation of L.P. gas from tank. . . . $40.00 plus 0.60 per gallon
removed plus applicable discontinue service charges .
Other services not normally provided including work on customer
property beyond the meter. such as leak surveys as required bv
regulation. . . . Time and materials
Collector fee, See Appendix A - Public Works Utility Tariffs, Section
(4)(a) 3
25
Ordinance 6984-02
Dishonored check service fee, See Code of Ordinances, Section
2.528
Missed servico appointment - Customer.not present at time as
arranged or equipment not accessible. . . . . 20.00 Applicable
miscellaneous oas charges (overtime surcharoes may apply).
ResidentiallWiII Call" Propane Gas Service trip charoes for early
delivery:
~40 trip charge for next business day delivery
.$100 trip charge for same business day delivery
,$200 trip charge for same day delivery service outside
normal business hours. holidavs or weekends.
Trip charges will be applied even if LP tank is inaccessible or
customer is not present when required.
A minimum fill charge of _$40 for bulk. "Will Call" or metered deliverv
customers that request a deliverv. in less than 3 business days~
except that there will be no charge if the tank is less than 300/0 full at
the time of the fill. If a bulk or metered delivery customer reQuests~
. ~ , . . .... 0 . ," . ' ....," ., . " , ," ~.' .
. .
fill and the tank is found to be more than 300/0 full. "Will Call" trip
charges will also applv.
Missed will call LP deli'Jery/LP tank inaccessiblo . . . . 40.00
Leak inspection. . . .. ............. '. No charge
Special seasonal gas turn-on....
The CGity Mmanager or designee is
authorized to reduce or eliminate the
normal gas turn-on charge during a
period beginning not earlier than August
15th and extending through not later than
November 15th to attempt to levelize the
workload at the beginning of the heating.
season.
Pipeline Damage Claims
Any person or company who actively engages in excavating, boring,
tunneling, backfilling, digging, removal of above ground structures by
mechanical means and other earth moving operations, within the
limits of the City of Clearwater Gas System service territory. shall be
required to notify the one call notifications system 48 hours excludinQ
weekends and holidavs before they start digging commences
JReferences Florida Statutes ~556l.
If a person or company causes damage to an above or under ground
pipeline facilities owned by Clearwater Gas System and through
negligence or accident has been deemed liable for the damages,
then that entity shall be responsible for all costs associated with the
damage. This will include the cost of gas lost (billed at the purchased
gas adjustment rate), time and materials to repair the damage, all
labor cost associated with turning off and on gas accounts that were
affected as a result of the damage, and any third party claims. The
party or parties responsible shall remit payment for all claims directly
to Clearwater Gas System upon receipt of invoice or notification of
the City of Clearwater Risk Management Department.
26
Ordinance 6984-02
. . - .. ' " ..'. ... '. ' , '".:.,' .' '..: " ........ ::' 0" { , \. . . .*~ , "
~
~(e) Gas contract and rate application policies: The following represent
policies of the City of Clearwater as applied by the Clearwater Gas
System:
(a) Uniformity of rate and service application: To the extent that the
customer requests a review of his/her rate account, all rates, charges
and contract provisions are intended to be consistently and uniformly
applied to all customers of the same type with the same usage
characteristics, fuel options, and equipment capabilities. Any
customer who feels that they have been treated unjustly and is
unable to resolve the dispute with Clearwater Gas System personnel
and management has full access to the normal City of Clearwater
utilities dispute resolution process as defined in the City Code of
Ordinances (9 32) including appeal rights to the Ggas Ssystem
Mmanaging DEli recto r. If the customer remains dissatisfied after
attempting to resolve the problem with the G9as Ssystem
Mmanaging DElirector, they may register a formal complaint by
directing their concern in writing to theCGity Mmanager or designee
who will schedule a meeting with the customer to determine the facts
and make a final ruling on the resolution of the dispute.
(b) Contract rate level determination: It is the policy of Clearwater Gas
System to offer a customer or potential customer who currently uses
or has access to an alternate energy source and has the capability to
use this alternate energy source, or is otherwise deemed to be a
threat to discontinue gas usage, a rate level which is up to five
porcent bolow that alternativo or at a level adequate to acquire or
preserve the gas load, provided that such a rate application will
provide a reasonable profit margin to the Clearwater Gas System
and the extension of any capital investm,ent to serve such a
customer falls within the normal gas system construction feasibility
formula. Where the capability to use such alternative energy source
will require an initial additional capital outlay by the customer, the
contract rate up to fi'lo percent IOINor loval may be based on a net
present value calculation over the expected life of the facility.
(c) Rate schedule reductions: The Qsity Mmanager is authorized to
reduce the billing charge(s) for any rate schedule(s) towards
achieving the "cost of service based rates" as recommended in the
most recent rate study done for the Clearwater Gas System.
(d) Main and selVice extension construction feasibility: Whenever a
prospective perspsGWe customer requests a new gas service, the
Clearwater Gas System will extend service to the prospective
customer under the following conditions:
27
Ordinance 6984-02
" ~ .. ' ~ ... ~., . . , . . .. .' . ' . .. r. ( ... . ., ..... , '. _ . '. . _ . .
1 . Design considerations. The extension of gas service to the
perspective customer can be reasonably accomplished within
good engineering design, access can be secured though
easements or right-of-way, and the service will not jeopardize
the quality of gas service to existing customers.
2. Main line extension construction feasibility. The maximum
capital investment which will be made by the Clearwater Gas
System to extend main lines and services to serve a new
customer(s) shall be seven times'the estimated annual gas
revenue to be derived from the facilities less the cost of gas
and the cost of monthly meter reading, customer accounting
and billing. The formula shall be:
Non-Fuel Energy Rate x Estimated Annual Therms/Gallons = Estimated
Annual Gas Non-Fuel Revenues x 7 Years =
Maximum Investment for Construction Feasibility
Note: The Monthly Customer Charge is assumed to cover the
cost of meter reading, customer accounting and billing.
3. Service line extensions. The Clearwater Gas System will
install gas service lines off of the main line at no charge to the
customer under the following circumstances:
A year round customer has installed gas equipment with an
estimated minimum annual consumption of two therms per
foot of service line required, or
The cost of such service line extension meets the Maximum
investment for Construction Feasibility (as defined "d." above).
Customers who do not meet the criteria for service extensions
as set forth above will either be charged the estimated
construction cost per foot for the excess footage or pay a
contribution in aid of construction {CIACl to cover the
deficiency amount from the above construction feasibility
formula or enter into a facilities charge contract sufficient to
cover this deficiency plus interest within a period of seven
years.
4. Customer contribution required. If the capital construction costs
to extend the main exceed the maximum investment for
construction feasibility, the daveloper/customer(s) will be
required to either provide a contribution in aid of construction
(CIAC} to cover the excess investment amount or satisfy this
28
Ordinance 6984-02
. .. . . . "" . ....... ." II '"'. . - _ . " .'. .
deficiency by entering into a facilities charge contract sufficient
to cover this deficiency plus interest within a period of seven
years. Such facilities contract charges may be reduced or
potentially discontinued entirely to .the extent that other
customer(s) are added beyond the initial customer(s), the
facilities covered by the facilities contract charges are used to
serve these additional customer(s), and to the extent that there
are calculated excess dollars above the additional customer(s)
maximum investment for construction feasibility minus the
capital construction costs for the mains to serve these
additional customer(s).
5. Conversion of equipment to natural gas. The Clearwater Gas
System will convert the customer's existing appliance
orifice(s) to accept natural gas at no cost to the customer,
provided that for commercial and industrial customers the use
is year round; the customer enters into a contract to
exclusively use the natural gas service of the Clearwater Gas
System; and this amount, when added to the other cost to
serve amounts, ffi still renders the project feasible.
6. Relocation of gas service facilities. When alterations or
additions to structures or improvements on customer's
premises require the Clearwater Gas System to relocate
metering, service line, or main line, or when such relocation is
requested by the customer for whatever reason, the customer
may be required to reimburse the. Clearwater Gas System for
all or any part of the costs incurred to accomplish such
relocation of gas system facilities.
Section 2. Should any section, paragraph, sentence or word of this
ordinance be declared for any reason 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 3. All ordinances or parts of ordinances in conflict herewith
are to the extent of such conflict hereby repealed.
29
Ordinance 6984-02
Section 4. This ordinance shall become effective upon adoption and
shall be applicable for all gas bills and services rendered on or after May 1,
2002.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
I
. >
Brian J. Aungst
Mayor-Commissioner
Approved as to form:
Attest:
Jane C. Hayman
Assistant City Attorney
Cynthia E. Goudeau
City Clerk
30
Ordinance 6984-02
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Meeting Date:
L\8 i
~J-
1\ \ \61od-
Worksession Item # :
Clearwater City COlnn1ission
Agenda Cover Men1orandu111
Final Agenda I tern #
SUBJECTI RECOMMENDATION:
Approve construction authorization for the new Main Library to Turner Construction Company, 500 N.
Westshore Blvd., Tampa, FL in an amount not to exceed $1,466,426,
[!J and that the appropriate officials be authorized to execute same.
SUMMARY:
This construction authorization will allow Turner Construction Company to commence the demolition
and foundation portion of the new Main Library project while the final construction plans are being
prepared.
Staff will submit another agenda item authorizing the balance ($14,532,915 less $1,466,426) of the
construction budget when the GMP (guaranteed maximum price) is finalized with Turner Construction
Company. This is scheduled for City Commission approval on August 22, 2002,
This authorization includes the following work to be completed by Turner Construction Company:
General Requirements (for entire project)
Building and Site Demol ition
Building Foundations
Site Work and Utilities
TOTAL
$ 570,200.00
$ 217,636.00
$ 446,875.00
.$ 23',715.00
$1,446,426.00
The State of Florida, Department of Management Services, the City's project manager, has approved this
authorization.
Info Srvc
x
~
Originating Dept:
Libraryl John Szabo h
User Dept.
Library
Costs
Total $1,466,426
Public Works
DCMlACNI
Current
FY
Funding Source:
CI
Risk Mgmt
. ."
OP
Other
Other
L1tt\ ~ Attachments
Submitted by: ." .'1 J ~A _ _
City Manager D~'~
Printed on recycled papor
2/98
19 None
A ro rlatlon Code: 348-93523
Rev.
" . - . ' . ..' .' . . '. ~ . '.' .. ~ . .
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ITEM #
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Meeting Date:
1m r< \
_I~
Lf-Ig,{j?-
Clearwater City
Commission
Agenda Cover
Memorandum
Work session Item #:
Final Agenda Item #
SUBJECT IRECOMMENDA TION:
Approve release of funds from the Marina enterprise fund, in the amount of $50,000, for
Clearwater Marine Aquarium improvements.
x and that the appropriate officials be authorized to execute same.
SUMMARY:
On January 27, 1999, the City of Clearwater signed an agreement with the Clearwater Marine Aquarium to
provide them $50,000 a year, for five years, in exchange for improvements to their facility.
The City agrees to pay the Clearwater Marine Aquarium, referred to in the agreement as the "Provider", for
expenditures incurred under the agreement on an as needed basis in accordance with the Budget and Project
Implementation Schedule made part of the agreement as an Exhibit "A". The aquarium intends to use the
funds to create a bigger parking area in phase I, of an estimated project costing approximately $210,000 they
are calling "Auto Habitat".
This request is for the $50,000 to be released for the Clearwater Marine Aquarium in the 2001/2002 budget
from the Marine & Aviation enterprise fund. This will be the fourth of the five year commitment, and the third
payment from the Marine & Aviation Department funds.
The agreement is available for review in the City Clerk's office. .
i
1
I
I
Info Svc
Public Works
DCMlACM
Other
Originating Dept.
Marine & Aviation (Bill Morris)
User Dept.:
Marine & Aviation
Costs
Total
$50,000
$50,000
Reviewed by:
legal ~
Budget ~
Purchasing A
Risk Mgmt
Current FY
Funding Source:
CI
OP
Other Enterprise
Attachments
,j) 1. Exhibit A
Submitted by: ." _a ~, _ J J _ _
City Manager QCNJ"~
Printed on recycled paper
~J
o None
A ro riation Code: 432.01371-58200o-57S.<JOO
" .... ' , ' .', " ", ., . . .
. .
[:
Exhibit A Phase I
This phase wllllead to an increase in parking capacity for boaters, the public, volunteers, staff, tour
busses, and school busses and easy negotiable route for the Jolley Trolley. The Auto Habitat will
create an identifiable entrance, aesthetically pleasing yet safe walkway from the parking area to the
new ticket area and CMA entrance.
Estimates have Phase I, Auto Habitat costing approximately $210,000. The $50,000 we are
requesting from the City of Clearwater will be part of this project. Our fIrst goal is to complete
the comprehensive site plan and go to permitting by 01 April 2002, thus incurring costs for the
architecture and engineer. Demolition and removal of the old concrete slab, leveling and site
preparation will be complete during 2002.
. ,~' " I', . ~' .', I ...' . .' ~
, .',' . '., . * t .' " ,. '
i
I
,
EXPANDING CMA
Auto Hflbitat and Entry Boulevard,
;, "I
I I
Creating
a new
auto habitat
will allow
CMA to
accommodate a
diverse visitorship.
With a bigger parking
area, more visirors can be
encou raged ro en joy a \I t ha t
is soon to be! Our current
parking area is limited 10 one rnotorcoach or s~h()ol bus at a timt'. The new (iml..'rt
your company name here) Auto Habitat will allow several !l1o(()rco;JChes ,lnd schuol
busses at the same rime! More pL'Opk will be: ahle: to leal'll and e:njoy .111 th.lt C'1.-\
has ro offer, The new Entry Boulevnrd will fearure paver stones purchased through our
grass roOtS fundraising carnpaig...
-
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AGREEMENT
THIS AGREEMENT is entered into this of , 2001, by
and between the City of Clearwater, a Florida municipal corporation, at Post Office Box
4748, Clearwater, Florida 33758-4748, hereinafter referred to as the lICity," and the
Clearwater Marine Aquarium, Inc., a Florida non-profit corporation, at 249 Windward
Passage, Clearwater, hereinafter referred to as the "Provider."
WITNESSETH
WHEREAS, Provider operates the Clearwater Marine Aquarium, which needs
certain improvements; and
WHEREAS, the City desires to engage the Provider to make certain
improvements to the Clearwater Marine Aquarium.
NOW, THEREFORE, the parties hereto agree as follows:
1. Scope of Services
The Provider agrees to operate the Clearwater Marine Aquarium, which will
provide educational opportunities for the public and is located at 249 Windward
Passage, Clearwater, Florida, in accordance with the projected accomplishments
attached and made a fully binding part of this Agreement, and attached as Exhibit A.
2. Term of Agreement
This project shall become operational as of the date of this Agreement and shall
continue through September 30. 2002.
3. Termination
The City and the Provider agree:
A. This Agreement may be terminated by either party hereto by written notice
of the other party of such intent to term~nate at least thirty (30) days prior to the effective
date of such termination.
B. This Agreement may be terminated in whole or in part, for convenience,
when both parties agree upon the termination conditions. A written notification shall be
required and shall include the following: reason for the termination, the effective date,
and in the case of a partial termination, the actual portion to be terminated. However, if,
in the case of a partial termination, the City determines that the remaining portion of the
Agreement will not accomplish the purposes of such Agreement, the City may terminate
such in its entirety.
Clearwater Marine Aquarium Agreement 1
, . ~ . . . , " _ ' .' ". ~ I I , . . I . ' .,!' '.,..' .' I . _ .... '. ". , '~: .. . . ! - .' '.' .'
C, The City may place the Provider in default of this Agreement, and may
suspend or terminate this Agreement in whole, or in part, for cause,
1.
Cause shall include, but not be limited to, the following:
a. Failure to comply and/or perform in accordance with this
Agreement, or any federal statute or regulation.
b, Submitting reports to the City which are late. incorrect or
incomplete in any material respect.
c. Implementation of this Agreement, for any reason, is rendered
impossible or infeasible.
d. Failure to respond in writing to any concerns raised'by the City,
including substantiating documents when required/requested by
the City.
e, Any evidence of fraud, mismanagement, and/or waste, as
determined by the City.
D. Upon termination of the Agreement, the Provider shall repay any amounts
not spent back to the City.
. 4. Amendments
Any alterations, variations, modifications or waivers of this Agreement shall only
be valid when they have been reduced to writing and duly signed by both parties. Any
changes which do not substantially change the scope of the project and/or the Project
Implementation Schedule or increase the total anlount payable under this Agreement,
shall be valid only when reduced to writing and signed by the City Manager and the
Provider.
The City shall not reimburse the Provider for outlays in excess of the funded
amount of the Agreement unless and until the City officially, in writing, approves such
expenditure by executing a written modification to the original Agreement.
5. Method of Payment
It is expressly understood and agreed that the total compensation to be paid
hereunder for actual expenditures incurred shall be reserved in the amount of Fifty
Thousand Dollars ($50,000.00) for those improvements described in Exhibit "A."
A. The Provider shall submit requests for payment for actual expenditures,
including applicable back-up documentation upon completion of each item in Exhibit "A,"
B. The City agrees to pay the Provider for expenditures incurred under this
Agreement on an as needed basis in accordance with the Budget and Project
Implementation Schedule attached hereto and made a part hereof as Exhibit lIA."
Clearwater Marine Aquarium Agreement 2
. ". f , . .' :" " ., .. ., "\ ' . I ~ . '.. '. ....,': '. '. ' " . a '. . . ':" ~ .' . "... ",. . ,1fI, . ~ '" '~ .,.",..
6. Conflict of Interest
The Provider shall discle>se, in writing, to the City any possible conflicting interest
or apparent impropriety. This cf isclosure shall occur immediately upon knowledge of
such possible conflict. The Cit~ will then render an opinion, which shall be binding on
both parties.
7. Indemnification and Insurance
The Provider shall indemnify and hold harmless the City from any and all claims,
liability, losses and causes of action, which may arise out of the Agreement. The
Provider shall pay all claims ancj losses of any nature whatsoever in connection
therewith and shall defend or pay to defend all suits brought against the City, when
requested, and shall pay all costs and judgments which may issue thereon.
Automobile and vehicle coverage shall be required when the use of automobiles
and other vehicles are involved in any way in the performance of the Agreement. The
Provider shall submit to the City as ORIGINAL Certificate of Insurance in an amount
approved by the City's Risk Ma Jlagement Office.
Further, in the event evidence of the required insurance is not forwarded to the
Risk Management Office within thirty (30) days after the execution of this Agreement,
this Agreement may be terminated at the City's option and any payments then due may
be permanently withheld by the City and the City "will have no further obligation under
this Agreement.
8. Additional Conditions
It is expressly understoo<l and agreed that in the event of curtailment of funds by
City, that the financial sources necessary to continue to pay the Provider compensation
will not be available and that thi s Ag reement will thereby terminate effective as of the
time that is determined that said funds are no longer available.
In the event of such determination, the Provider agrees that it will not look to, nor
seek to hold liable, the City of any individual member of the City Commission thereof
personally for the performance of this Agreement and all of the parties hereto shall be
released from further liability ec.ch to the other under the terms of this Agreement.
Clearwater Marine Aquarium Agreement 3
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed by their duly authorized officials on the date first above indicated.
Countersig ned:
CITY OF CLEARWATER, FLORIDA
By:
Brian J. Aungst
Mayor-Commissioner
William B Horne, II
City Manager
Approved as to form:
Attest:
Cynthia E. Goudeau
City Clerk
WATER MARINE AQUARIUM, INC.
By:
. Andy Nicholson
t Pres~dent
.~L- p/'-
'Dennis Kellenb rger
Executive Director
Clearwater Marine Aquarium Agreement 4
, ~.. ~ ~. ~. ~ ,'. .,' \ .: . . . '. . I
Exhibit A Phase I
This phase will lead to an increase in parking capacity for boaters, the public, volunteers, staff, tour
busses, and school bus~ and easy negotiable route for the Jolley Trolley. The Auto Habitat will
create an identifiable entrance, aestheticall~' pleasing yet safe walkway from the parking area to the
new ticket area and CMA entrance.
Estimates have Phase I, Auto Habitat costing approximately $210,000. The $50,000 we are
requesting from the City of Clearwater will be part of this project. Our fIrst goal is to complete
the comprehensive site plan and go to permitting by 01 April 2002, thus incurring costs for the
architecture and engineer. Demolition and removal of the old concrete slab, leveling and site
preparation will be complete during 2002.
. ~ ..\', '" ..~ ,,- .,.
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I
I
I
EXPANDING CMA
Auto Habitat and Entry B?ulevard
\;
..
Creating
.1 n~w
~lUCO habicJc
will allow
CMA co
Jccommodace J
diverse visirorship.
\'\Iirn .1 bigger parki ng
area, more visicors can be
encoL:raged ro enjoy all thac
is soon co be! Our currene
parking area is limited co one motorco~\Ch or 5<.:hool bus .H .1 ~ill1t'. Tht' Ilt'W \ iml.'rr
your company name here) Auro H~lbitar will allow several rno:orc()ach~s .ll1d s,hool
busses ac the same time! More:: pt'oph: will be .1ble [() !e.\rll .i::~ I.'nioy .11' rh.t: C\ 1.-\
has co offer, The new Entry Boulevard will fearure paver scor.es purchasc::d chrough ollr
grass roocs fundraising campaig,",
. . . . .' ~: 4 . ~... '. ~ . , I l. : '. 1\.' . <
Clearwater City
Commission
Agenda Cover
Memorandum
Work session lIem #:
n /\ K 2-
/Y-
LI-/3 . (} t---
Final Agenda Item #
Meeting Date:
SUBJECT IRECOMMEN DA liON:
Approve the transfer of $74,000 of funds from Recreation Facility Impact Fees collected on Sand Key
by Parks and Recreation, into a new CIP for improvements at the Clearwater Community Sailing
Center and increase security at the Sand Key Beach to the North of the Sailing Center.
x and that the appropriaTe officials be authorized to execute same,
SUMMARY:
There are several issues to be addressed using these funds:
1. Expanded boat storage is necessary to attract membership.
2. Beach access must be preserved yet controlled. The local residents have expressed concern for
the degradation of the beach area due to illicit activities at night; yet closing the beach completely at
night would eliminate access to City provided fishing piers during prime fishing hours.
3. The projects itemized below would create additional boat storage, attract membership to the sailing
center, and improve security while controlling but not restricting access.
- Video Security System
- Barrier Gates
- Sailing Center Boat Storage behind restrooms
- Boat Storage under Sand Key Bridge
- New Docks to Assist ADA sailing program
Total Project Estimates
$16,897.00
$15,010.70
$ 6,969.70
$ 7,123.20
$28,000.00
$74,000.00
Current FY
74,000
funding Source:
CI )(
OP
Other
During the daylight hours, the gates will remain open. After hours (essentially Sunset to sunrise), access
will be through the use of a card made available at either the Sailing Center or Marina office. The card will
be coded to identify the person entering the sailing center parking area or beach to access the fishing piers
and what time they entered and left the location. Any fee for the cards will be to recoup the cost of the
card, not to generate additional revenue.
These plans for the program include landscaping, fencing of additional boat storage, dock construction
and security improvements. The $74,000 of funds from Recreation Facility Impact Fees collected in
conjunction with Sand Key Development can be used for this community project.
Reviewed by:
Legal
Budget
Purcha!ling
Risk Mgmt
N/A
~
N/A
In{o Svc
Public Works
DCW ACM
Parks & Rec
N/A
N/A
Originating Dept.:
Marine & Aviation (Bill Morris)
User Dept.:
Marine & Aviation
Costs
Total
74,000
~
, '-,
,
Attachments
S~bmitted by: -"R .11 AJ.,. ..... -.
City Manager ~ -- 1L.r
Printed on recycled paper
x None
A ro riation Code: 315-93498
'l
A mid-year budget amendment will allocate the $74,000 of Recreation Facility Impact Fees to establish a
project for improvements at the Clearwater Community Sailing Center and increase security at the Sand
Key Beach to the North of the Sailing Center.
Use of Recreation Impact Fees must be approved by the City Commission. These fees were collected
from projects on Sand Key.
I
!
.!
2
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Mcctln~ Dale:
pfJ \
-15
~1' I g. <))
Clearwater City
Commission
Agenda Cover
Memorandum
Work Session Hem #I:
Final Agenda Item #I
SUBJECT /RECOMMENDATION:
Adopt a two year agreement (4/19/02 to (4/18/03) between Pinellas Cares, Inc. and the
City of Clearwater for provision of a Homeless Shelter Bed Hotline at a cost of $26.400, I
~ and that the appropriate officials be authorized to execute same,
. Pinellas Cares, a community service organization, will provide a "bed line" telephone
service for Clearwater police officers and others throughout Pinellas County 24 hours
per day, 7 days per week, for a two year period. This "bed line" service will inform the
caller of all available emergency shelter beds located anywhere in the county. Pinellas
Cares will staff the "bed line" around the clock and will ensure that all participating
shelters provide the available bed information on a daily basis.
. Pinellas Cares will be responsible for the following: (1) Maintaining daily record of
available shelter beds, (2) MonitoIing reporting from cooperating homeless shelters, (3)
Informing police officers, homeless individuals, and shelter staff of available bed space.
(4) Patching phone calls from law enforcement officers to available shelters, (5) Attending
meetings of the Pinellas County Coalition for the Homeless and other stakeholders. and
(6) Preparing monthly reports for distribution to cooperating partners.
. Funding in the amount of $26,400 for the "bed line" service will be provided through the
Police Department's federally funded Neighborhood Policing Initiative for the Homeless.
All costs associated with the agreement with Pinellas Cares will be charged to Special
Project Code 181-99334-530300-521-000.
Legal
BudGet
Purchasing
Risk Mgmt
~
N/A
Info Srvc
Public Works
DCMlACM
Other (Fleet)
NA
NA
Origin~ Dept:
pOlice,,::! /Lu-,....
Prepared by: Sherry Hunt
User De~ J '
Polic~ ~ / ~
Costs
Reviewed by:
Total
$26,400.00
Submitted by:~ · a I , I
City Manager ~ ~
Printed ~n recycled paper
1-)
00 None
Funding Source:
CI
OP
Other Sp. Project
Appropriation Code: 181-99334-530300-521-000
Current FY
$26,400,00
NA
Attachments
"
Rev. 12/01
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'J4' ~ I ~
AGREEMENT
THIS AGREEMENT is made and entered into on the day of April, 2002, by and
between Pinellas Cares, Inc. hereinafter referred to as the lIContractor", and the City of
Clearwater, Florida, a municipal corporation, hereinafter referred to as the lICity", hereby
incorporates by reference the City of Clearwater's lIStandard Requirements for
Requests for Proposals"; Exhibit A - Insurance Requirements; and Exhibit B - Scope of
Services.
WITNESSETH:
WHEREAS, the City has been awarded a grant from the U. S. Department of
Justice/Bureau of Justice Assistance for a Neighborhood Policing Initiative for the
Homeless; and
WHEREAS, the Contractor has agreed to provide a Homeless Shelter Bed
Hotline in cooperation with the Pinellas County Coalition for the Homeless and
homeless shelters in north and south Pinellas County;
NOW THEREFORE, in consideration of the promises and the mutual covenants
contained in the Agreement, the Contractor and City hereby agree as follows:
1. TERM.
This Agreement shall commence on the 19th day of April, 2002, and shall terminate on
the 18th day of April, 2004, unless earlier terminated by either party hereto. Either
party may terminate this Agreement upon thirty (30) days prior written notice.
2. CONTRACTOR'S SERVICES.
. . Contractor will be responsible for:
1. Maintaining daily record of available shelter beds
2. Monitoring reporting from cooperating homeless shelters
3. Informing police officers, homeless individuals, and shelter staff of available
bed space
4. Patching phone calls from law enforcement officers to available shelters
5. Attending fTleetings of the Pinellas County Coalition for the Homeless and
other stakeholders
6. Preparing monthly reports for distribution to cooperating partners
(See Exhibit B - Scope of Services for comprehensive description of services to be
performed.) .
3. CONSIDERATION.
Upon execution of this Agreement by all parties, the City will pay Contractor for costs
associated with the implementation of the Neighborhood Policing Initiative for the
Homeless. Beginning the 19th day of April, 2002, the City will pay the Contractor a
quarterly fee in the amount of $3,300 for each quarter through April 18, 2004. The
City's maximum liability under this contract shall not exceed $26,400.
4. THE WAIVER
Failure to invoke any right, condition, or covenant in this Agreement by either party shall
not be deemed to imply or constitute a waiver of any rights, condition, or covenant and
neither party may rely on such failure..
5. NOTICE.
Any notice or communication permitted or required by the Agreement shall be deemed
effective when personally delivered or deposited, postage prepaid, in the first class mail
of the United States properly addressed to the appropriate party at the address set forth
below:
A.
NOTICES TO CONTRACTOR:
Cynthia Fox
Executive Director
Pinellas Cares, Inc.
P.O. Box 5164
Largo, FL 33779
B.
NOTICES TO CITY:
Mail to:
Sid Klein, Chief of Police
Clearwater Police Department
645 Pierce Street
Clearwater, FL 33756
With a copy to:
City Attorney's Office
City of Clearwater
P.O. Box 4748
Clearwater, FL 33758
: :. ' '. .. . .. J. I " ~. ." .'. . ..' . .. .' '.' _ . . j ,,- . .,' . ~ '., ' .. I
6. ENFORCEABILITY.
If any provision of the Agreement is held by a court of competent jurisdiction to be
unenforceable, the remainder of the Agreement shall remain in full force and effect and
shall in no way be impaired.
7. ENTIRE AGREEMENT AND AMENDMENTS.
This Agreement constitutes the entire agreement of the parties with regard to the
subject matter hereof, and replaces and supersedes all other agreements of
understandings, whether written or oral. No amendment or extension of the Agreement
shall be binding unless in writing and signed by both parties.
8. BINDING EFFECT, ASSIGNMENT.
This Agreement shall be binding upon and shall inure to the benefit of the Contractor
and the City. Nothing in this Agreement shall be construed to permit the assignment by
the Contractor of any of its rights or obligations hereunder, as such assignment is
expressly prohibited without the prior written consent of the City.
9. GOVERNING LAW, SEVERABILITY.
In the performance of the Agreement, each party shall comply with all applicable
federal, state and local laws, rules, ordinances and regulations. This Agreement shall
be governed by the laws of the State of Florida. The invalidity or unenforceability of any
provision of this Agreement shall not affect the validity or enforceability of any other
provision.
In witness whereof, the parties hereto have set their hands and seals on the date first
above written.
Countersigned:
CITY OF CLEARWATER, FLORIDA
Brian J. Aungst, Mayor-Commissioner
William B. Horne II, City Manager
Approved as to form:
Attest:
u rette
ity Attorney
Cynthia E. Goudeau
City Clerk
Pinellas Cares, Inc.
Cynthia Fox, Executive Director
., ';r -..,.)":.;.. ....,_...'
.
EXHIBIT A
INSURANCE REQUIREMENTS
The bidder will procure aad malataia the rollo1riq 'ullraate covenle:
I. Works' Compeftsatloa aael Employen' Uabllity-(lIe bidder shall procure aad maintain ror
tbe life of tJds purchase order. Warkcn' CompawltJoa IDsanDce covft'iul aU employftS with
limits rantln, all appUcabl. staCe &ad rederallaws. This coverage shaD iaclude ElDplay~n'
lJabillty witlt Jlmill meedD& aU app1leJlble state ucI lederal laws.
2. CeDen' LIIbility-TII.IJldder shaJI procure ud mmtaiD lor theMe 01 dais pllrchue order.
Ceneral Uabifity 11U1IraDC& TIlls CO'enlPsJaaD beo. aa 'Occaneace' basis aad shaD include:
Premoes aad OperadoDS; lDclepeadeld CoIltndon; Prodaca aad Complete OpenClOIIS aad .
Concnctual Llabllllr. Cownie shaD" no man ratrJed.. thall the latest edJtlOD 01 tile
Commercbal GeDeral IJabWty paUda 01 th.lDsanlllce Scniea Omce.
This polley shaU praride COftnp for deatll, bodlI)' fDJary, penGullDJary or property cbm.ce
that could arise directly or iDdlrect1J from the performance oltbb paRhue order.
The minimam Dmits 01 can nee sIaaII be ssoo,OOO per Occarrall:e Combiucd staCie Umit tor
Bodily Injury LlabWtJ ud Propcl1)' [)aJllace IJablUtJ.
The City sh.n be iDchIded &ad klcad!lcd .. all AdcWfoaall.asured Ullder the polley ccrdIJeare
01 (asunaee.
3. Business Automobile IJ8bWty- ne BIdder sIaaJI procure ad mamtalD. (or thc Ilfe of the
purchas. order, B1I1iDaI AatomobiJlt LIatriIitJ 1aAaraace.
The minimam IImib of ccrnnap..... be S3OO.CJOO pw ~ ComblDed Slade LImit
far Bodily raja.,. LlabllltJ aad ~ v" tt Dam.p LlablBtJ'. 1'bb coyerap sbaII be all · Ally
. Auto" type poIlql OPerapslaaJlIM - mon .~k.U.. diu tie latest edltIoa oldie
Business AatomobDe PoIIdes oltlaa I.aIuuat SIIlka.OIDce.
... lademaity- TIle bidder sIaaU deCnd1111d_alIr.san ad bold t!ac CU)' barmJca Cram AD)' aad
an c!aims. S1Iits. JadpleGtl aad n-htDtr tor datil. penoaIl.Jary, bodily baJa" or property
ama,e aristal clIncdr or iadlrecdJ I'taIII perfb....... oItbIs prdwe order by bidda',
lis employees. ,..bcoacneton or ft,." JadIUl'.1IpJ r..., COlIn COSISe or other"'l npensa. ne blddel'waowiedps tbt It II...., mpoasiblo Cor COlDplyiq with tile term.
oC lb. purchaH order.
51 Supplementll Pr'O'YisIOItS
.) The iasu.....ace ~'cnaca ad c:aadJtIoa donled by tbls poDcy IbaD Dot be suspended.
YoicS~ aacelld Of madlfted acept after t1drty (30) daY' prior writtea notice by
renined mail Rtun rueipt reqaesCtd has bleD civm to tile City's RJsk MalUllcmeat
omcc.
b) CentRes.a ollmurante mectlal the spedOc reqaind lIIIanace provisions specified
requirtd lmunnce pravtslOllllpedDed withlll tn purchase order shaD bll f'OfW1lrded to tbe
City'. RIsk MaDllcmnt OI1ke aad appl"OYed prior (0 ltart of aay work. After rniew. cbe
Centnate will be fl1ed wUb tbe PurdluiDI Omce as apart or the ori&inal punh.se ordfr.
.
.
.
.
a) Sate ud Healthful Work Ea"irolll~e~t:-llll alae bId....s sole daq fa p"",ide are aad
baltbrut worklac ~lIdltIoa to its empfayca aDd .. OltJaaatr 08 aad aboat die
project site. n. CIty aJS1UDes DO cllle, for sapll"lillaa oItlaelalclder.
Slap Work Ord.n-Tb. CJIf .ay order dlat tile work stop Ife c:oadWoa ollmmedlat.
daala'to City cmploJ<<S. equipmeac or property cia..... nidi. 11dI plOridoa .baD
1101 slaUt rapouibiUtr or risk 011011 lor lajari.. or ct... u...hHd In. die bidder
to ehe Cty. uti lta. bidder shaD rns.aia solely rnpoaiblt tor COIIIp.... willa aD ..rely
nqafremeaa ad for _elf of aD ptnoa aDd 'lope. If at'" project ..
c) COlllplJuce willa seret)' ad Healtla Repfatloal n. bidder IlIaD com'" wftII tile
OccapatloDal SaIdJ ad ReaIda Admillbtl ada (OSHA). die I10rida Departa_t 01
labor.... EmpJoylllat SecaritJ' ... aD adI.... appnprale r....... .....locaI nplatiou
or CIty safety uul baltb ."danIL
Esblbil A (coD.fDaed)
c) Receipt and acccptaace or. bidder's CemDcate of laaraace. or atII... similar docamnt.
dOd ao. CODltitU'. acccptaace or appnwa' 01 Ulo.aU or lJpeI or coyftSICS wbidl may be
1m dwa reqaired by die pan:1we order.
d) Tbe City lllaY at its opdoa reqalre a coP1 01 the bidder'. illSUnace poUda.
e) An Jasaraace policies reqaind witla dab plll"dlue anIer sIaaJI prnida IuD ccrnnce
mill the ftnt doUar of aposlln ..DIm otIaer "be stlpDJated. No dedllcdbla wiD be
accepted witbD.ut prior appronJ tram die CItJ.
6. Sa fety aad Knbla ReqalmuftltS
. I, ". I .: r -. : : .... , . '. :- 1 '''. I .' ,.'.
, , , ' . '.. . . - ' .
. . 'lO.t.
.
:-
EXHIBIT B - SCOPE OF SERVICES
Pinellas Cares, Inc. will operate a Homeless Shelter Bed Hotline in cooperation with the
Pinellas County Coalition for the Homeless, homeless shelters in north and south county,
and other interested parties. The purpose of the hotline will be to:
. Keep a daily record of available shelter beds
. Monitor reporting from cooperating homeless shelters
. Inform police officers, shelter staff, and homeless individuals of available bed
space
. Prepare monthly reports for distribution to cooperating partners.
Pinellas Cares, Inc.. VliII set ~sid~ the b~ck .lin~ telephone number for the use of police
officers and shelters so there will be no waiting in dialing 2-1-1.
In order to coordinate the Homeless Shelter Bed Hotline, we are requesting two part-
time staff to work a maximum of 40 hours per week at $12.00 per hour. The weekly
schedule would consist of 1 person @ 20 hours and another @ 15 hours, which totals 35
hours. We are building an extra 5 hours per week for holiday and overtime coverage.
The responsibilities of the telephone counselors are to:
. Answer and record information from homeless shelters on bed availability within
designated call-in time
. Log .information into data base
. Monitor reporting from shelters and make follow up phone calls
. Provide monthly reports to cooperating agencies and partners
. Keep master bed board in call center
. . ".' J" '. ' . ~. 1 , '. 'l . ,," r I". ' : ,. " .
Final Agenda l\C>nl /I
PLU'
~~
Clearwater City Commission
Agenda Cover Memorandum
Workscssion Item If:
Meeting Date: 4/18/02
SUBJECT/RECOMMENDA liON: Approve a work order for consultant services in the amount of $67,995
to Parsons Engineering Science, Inc. (Parsons) of Tampa, Florida, Engineer of Record for design,
preparation of construction plans and permitting for the Bayshore Boulevard @ S.R. 60 Intersection
Improvement project,
(!J and that the appropriate officials be authorized to execute same.
SUMMARY:
o This project will increase the capacity of the intersection and reduce motorist delay by allowing for
adequate storage for southbound vehicles along Bayshore Boulevard that desire to access S.R. 60.
. The conceptual design was completed by Parsons in August 2001 and will be incorporated into the
final roadway construction plans. .
. This proposal presents a work order with Parsons for the final engineering design, preparatio!1 of
construction plans and permitting of the intersection of Bayshore Boulevard at S.R. 60.
. The final design for the project should be completed by June 1, 2002.
. Sufficient budget and funding are available in the Capital Improvement Program project 315-92555,
Intersection Improvement.
. A copy of the work order is available at the City Clerk's Office for review.
Reviewed by:
legal ~11'--L1...... Info Srvc
Budget v~ Public Works
Purchasing ;li!2!.. DCM/ACM
Risk Mgmt N/A Other
N/A
Originating Dept: -yl\
Public Works Adm.lEng.
(R. Guercial
User Dept.
Costs:
Total
$67,995.00
Current FY
$67,995.00
Funding Source:
CI X
OP
Other
Attachments:
(ie,) 'I
Submitted by:
City Manager
~jL ' I . -
- ~ ........
None
Appropriation Code:
315.92555.561200.541.000
Bayshore Boulevard @ SR 60 Rev. 2/98
Printed on recycled paper
'" . -
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''''---.,-.,"
PUBLIC WORKS ADMINISTRATION
WORK ORDER INITIATION FORM
Date: August 23, 200]
Project Number:
City Project Number: 60-101201
1. PROJECT TITLE:
Intersection Design Project - S.R. 60 and Bayshore Boulevard Supplemental
2. SCOPE OF SERVICE:
Refer to a~ached proposal
3. PROJECT GOALS:
Refer to attached proposal
4. BUDGET:
A maximum fee of$67.994.60 has been established
Expense Code: (to be completed by City) 315-92555-561200-54 )-000
5. SCHEDULE:
Work to be completed within 150 days of issuance of Notice to Proceed
6.
STAFF ASSIGNMENT:
Mark Flint, P .E.
Roger D. Trevett, P.E.
Engineer of Record - Project Manager
Proj ect Manager
7. CORRESPONDENCEIREPORTING PROCEDURES:
All Parsons Engineering Science Correspondence will be directed to Mark Flint, P .E.
All City of Clearwater Correspondence will be directed to Mr. Robert Guercia.
8. INVOICE FUNDING PROCEDURES:
The budget for the project is S67,994.60 based on actual time and direct costs expended.
Invoicing method is cost time multiplier basis.
City invoicing code #
9. SPECIAL CONSIDERA nONS:
The Public Works Department will direct the project. Robert Guercia will be the project coordinator for
the City of Clearwater.
10. PROJECT COMPLETION REPORT:
The project will be completed with 150 days from issuance of the Notice to Proceed..
PREPARED BY:
IP!;/ol
I ate
Michael A. Sweet
PARSONS ENGINEERING SCIENCE, INC.
APPROVED BY: '~ ...~ ..If@----
~a;~ <lulllen, P.E. \
City Engineer
/-/O-D~
Date
, ,.,,'"" "
. . . ~ . '. ~ .
, '. .
Scope of Services - Final Design of Bayshore at SR 60
The following services will be performed to produce final construction plans for the
subject project:
. Roadway plans including geometry, elevations, and profile.
. Traffic control plans.
. Drainage plans, including calculations.
. SWFWMD permit preparation and submittal.
. Utility relocation plans
. Signing and Marking plans.
. Details for signal loop installation.
. Roadway cross sections.
. Drainage structure sections.
. Design documentation.
. FDOT Access Connection permit.
The project fee did not include post design services through construction.
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ITEM #
I
;2'-/37
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Final Agenda Item #
YcJl
~
(it
Clearwater City COlnlnission
Agenda Cover MelnorandlUTI
Work session Item #:
Meeting Date: 04/18/02
SUBJECT/RECOMMENDATION: Approve the final plat for Belcher and Nursery Development
located in the Southeast corner of Belcher Road and Nursery Road,
1m and that the appropriate officials be authorized to execute same.
SUMMARY:
. This plat will combine several metes and bound tracks of land into a single platted lot.
. The applicant is proposing to build a Walgreen's Drug Store at this location. This property is zoned C
(Commercial). The Development Review Committee approved the preliminary plat on May 10, 2001.
. A copy of the plat is available for review in the City Clerk's office.
Originating Dept: ~
Public Works ~
Administration I . .
Public Works ~ User Dept.
DCM/ACM ~ N/A
Other 'Nf'AT Attachments
Location Map
Info Srvc
N/A
Costs
Total
Reviewed by:
Legal N/A
Budget N/A
Purchasing N/A
Risk Mgmt N/A
Current FY
Funding Source:
CI
OP
Other
Submitted by:
City Manage1Si;tt
Printed on recycled paper
i
l
C None
Appropriation Code:
Plat Belcher and Nursery Development
~
NORTH
Scale N.T.S.
Lac a tian Ma p
PROPOSED SUBDIVISION
BELCHER AND NURSERY
DEVELOPMENT
DIPLOMAT DR
CURTIS DR N
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CITY OF CLEARWATER, FLORIDA
PUBLIC WORKS ADMINISTRATION
ENGINEERING
~O:M. BELCHER AND NURSERY
01[= II'T DEVELOPMENT
IllItI.HO..
IKET
DAl[
04/18/02'
,
SGT-TWll'_
llllIleWIC:C
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ElN ALP LA..:I
PROCESSING SHEET
PaJ2-
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.J1e '. {1
SUBDIVISION NAME:
~E.LG l--\ E f( f\tJ () :v I.,'P...SEJ_ Y
DATE: 02- " ~o 2..
'I::> ev E LO fl '''''E N",
1. PlANNING AND D~fOPMENT SERVICES: N (e.,..
REVIEWED BY: nj'
DATE: 'l.(,~'t..
a.) D.RC. Approval Date:
~ -(cJ ~C) \
b.) Final Preliminary Plat Certification Date:
2. PARKS AND RECREATION DEPARTMENT:
REVIEWED BY: 7;u./~~ 10 (L~ CL-t~
COM1\ffiNTS:
DATE: d.-..JI":j) O~
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PM /L5 .., .I-e-.c.. d:-t..~C.tL-T/w---, (lE2 "b\.<.-; r e ~ $<.--+-( S.p; -e...,f I b J '3 b )D/ ,
A-.:JD 0 b-tJ-c-+il5r-...
3. GAS. DEPARTMENT~O_J"'-'-~'~; : .,_A
REVIEWED BY: r~/(V-~P6
COM?\ffiNTS: fIv'o 06it9c 'f;/JII~
DATE: ~llr(o)..
4. PUBUCWORKSAD1lI~ISJ1M.~ONLTJlAF:E~C: '7 f r_r, ~
REVIEWED BY: -~~-"-.~ DATE:~ C-
COM?\ffiNTS:. "i-o C:.--<)\--Yv~~":'~~ ~~~\l~ . .
s. PUBUC WORKS ADMINIS1\RA1;I~/PRODUCI10N:
REVIEWED BY: '~ j1 9~
COMMENTS: e; 1'(
DATE:~--7'/~<-
....
6. DIRECTOR OF ENGINEERIN~:y . .
REVIEWED BY~ _ 1'- / A'~~'
COMMENTS: "":;7 ~ t/
c)(~
DATE: 2'''-[(r--() l
7. CI1Y CLERK (Secretlry to call Public \Vorks Administration for pick up after being signed.):
(pARCELNUMBER~ / l...'l / l (0 /0000 (1 / 3~~ I O~OO)
REVIEWED BY: 05"00 DATE: 02/21/02
COMMENTS: 0"]00
ACCORDING TO OUR RECORDS THE CITY OF CLEAR\~ATER HAS NO UNPAID LIENS OR TAXES
AGAINST THIS PROPERTY. r'
I .
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8. CI'IY ATIORNEY (SW'etary to call Public Works Administration for pick up after being signell.): I .
REVIEWED BY: tf(~ C J~-- . DA1E: 3/ q pJ-
COM1ffiNTS: f./ '-~t:fs. ~ Ut"c?u~ 0 {' G e.cl<j -c. Ii- 6J, \ 't'Y\. PJ i- P77. iX:, , ,~..s.
. . f. {' l' b , L . .no rt- tf-j. e<?::' C""-t-h Ff Lc.-k .
c~. 1< I . '"' tit'"" It-~ tJ'\
3. (>\S L. Y'\o.t e g \ '7'7. l,1")C( ( (2!? r.: .s .
9. ern' MANAGER (Secretary to call Public Works Administration to pick up plat and processing sheet
after being signed by City Manager.):
APPROVED BY: DATE:
'B.~:1f.
Final Plat Processing Sheet
Sheet 2 of 2
REV 12/04/97
. .. ., \.. . I . '" ~ . - .. . . t' oi'. ..' . . , . "." , ". ..... '~ " .' _ . ~. .',' . .:" ' " ..' '.'::'.',
OFFICIAL FORM FOR SUBMITTING PLAT
FOR APPROVAL TO PLANNING & ZONING BOARD & CITY COMMISSION
REQUEST FOR APPROVAL OF SUBDIVISION PLAT AND
AGREEMENT TO INSTALL IMPROVEMENTS, ETC.
CLEARWATER, FLORIDA
19
TO: City of Clearwater, Florida
City Hall
Clearwater, Florida
1. I, (We)
Belcher Office Associates, L.L.C.
100 ;z.,.,b AI(f.. S', SLL.rr. 20410 I S+Pdt,H, 33iO.I,(72t)f4S-z..1S0 are the
owners of the following described property (give legal description \
used on proposed plat or attach separate sheet if length requires:)
See attached Exhibit "A"
and represent that all taxes have been paid on such property and
that the property is free and clear of all encumbrances except
(list in details) :
Am~nl1t.n 'Rank
(all lien holders must join in signing plat and in signing this
letter. )
2. Herewith is submitted a proposed plat (Must be copy of
proposed final plat complete except for signature) of such property
as a subdivision located within or adjacent to the City thereof, to
be known as
Belcher and Nursery Development
and respectfully request that such plat be approved by:
PLATPROCl
. ",.'~' . ~. ~ . . . ..' ,
". ,. . .
(a) The Planning & Zoning Board of the City and
Supervisor of Plats of the City
(b) The city Commission of the City as required
by the Charter and Ordinances of the City
3. And, as an inducement for the procurl~rnent of such
approval.
(I, (We) for myself (ourselves) __J}Qlc.b.Qr: Office
Associates, L.L.C.
and my (our)
_ _. __.our..
heirs, executors, successors, legal represontatives and assigns, do
hereby covenant and agree with the City of Clearwater that I (we)
will construct, erect and install within SLICh subdivision, within a
period of 365 days from the date of such aplJ[oval by the City
.Conunission, the Subdivision improvemonts as described in and
required by Chapter 133, Clearwater Code of Ordinances. All
improvements are to be approved by tho City Engineer (if any of the
following are already installed, so note, or if it does not apply,
indicate as N/A):
A. STREETS: N/A
B.
c.
D.
E.
F.
G.
H.
I .
J.
CURBS AND GUTTERS: N/A
S IDEWALK~: N/A
P~RKWAYS: N/A
EASEMENTS: Por Plat
SANITARY SEWERS: Private
STgr~j_SF;.~;:~_S..!\ND DRAINAGE :no improvement to the street
system.
Y'rII~J'l:_X._!.~N~~~: existing
~IG1'ITS-:OF-.~~Y: N/A not required per County
-
S'rREE1' LIGHTS AND STREET NAME SIGNS: N/A
, I I. . I , . \. . '.' . ~ '. . .. .', ,:
4. In order to secure compliance by the undersigned with the
covenants and agreements set forth herein and within the time limit
given above, there is hereby handed to you a performance surety
bond or bank escrow account in the sum of $
% N/A
, the
estimated cost of the required subdivision improvements as prepared
by a Florida Professional Engineer and approved by the city
Engineer.
IN WITNESS WHEREOF, I (We) have hereunto set
hand(s) and affixed
seal(s), this
day of 19
L
William(c~,
( SEAL)
( SEAL)
( SEAL )
Managing Member
Signed sealed and delivered
in our presence:
, (
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STATE OF FLORIDA
COUNTY OF PINELLAS
The foregoing instrument was acknowledged before me
thi s 20 11-1
day of A/olI~t!>t::;-X-
B ZOO I
by
tu..r~~ C. t..CovA
..
who is personally known to m~ or who has produced
as identification and who (
did ( ) did
not take an oath.
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Signature of person taking acknowledgment
{6/J/lC;z:7f L.. S~MCJPS .
Type print/stamp name of acknowledger
CC 7.35 7st"f
Title of rank, and Serial No., if any
Signed sealed and delivered
in our presence:
~ ~A(u-/
~ WOTNESS .
A. f~~
WITNES
(SEAL)
sh, Sr. Vice President
:~ (SEAL)
Desiqnated Officer, AmSouth
(SEAL)
STATE OF FLORIDA
COUNrX.OF PlNELLAS
~/ ~~ Yl The foregoing inst
. ;.-- day of ~, 2001 by
known to me. or who has produced
and who. ( ) did (~ did not take
IRENE S. PORCELLO
Notary Public. Stat. of Florida
My comm. expo Aug. 23. 2003
Comm. No. CC849072
knowledged before me this
~ who is personally
as identification
n taking acknowledgement
Type/print/stamp name of acknowledger
Title of rank, and Serial No., if any
. . 0 ' : . ~ .~ . . ' . '. '., .' . I '.' . ',,, ~ .
EXHmIT "A"
PARCEL ONE:
A parcel of land in the Southwest 1/4 of the Southwest 1/4 of
Section 19, Township 29 South, Range 16 East, Pinellas County,
Florida, being more particularly described as follows:
Commence at the Northwest corner of the Southwest 1/4 of the
Southwest 1/4 of aforesaid Section 19, Township 29 South, Range
16 East; thence South 00001'41" East along the West boundary of
the said Southwest 1/4 of the Southwest 1/4 of Section 19, said
line also being the centerline of Belcher Road, a distance of
40.00 feet; thence S 89010'19" E., a distance of 60.00 feet to
the Point of Intersection of the East Right-of-Way of Belcher
Road with the South Right-of-Way of Nursery Road, said Point
also being the Point of Beginning; thence continue S 89010'19"
E., along said South Right-of-Way of Nursery Road, a distance
of 219.97 feet; thence S 00002'35" E., a distance of 343.97
feet; thence N 89010'41" W., a distance of 230.05 fe~t to
aforesaid East Right-of-Way of Belcher Road; thence along said
East Right-of-Way of Belcher Road the following two courses and
distances: (1) N 00001'41" W., a distance of 334.00 feet; (2) N
45024'15" E., a distance of 14.03 feet to the Point of
Beginning.
"
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STATE OF FLORIDA
COUNTY OF PINELLAS
The foregoing instrument was acknowledged before me
this 201H
day of A/cNJt9A6e:x-
,
a zro I
by
U/.:z:t.~ C. c.Lov/J
..
who is personally known to mg or who has produced
as identification and who ( ) did
) did
not take an oath.
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Signature of person taking acknowledgment
1/;/J1tCz:71 L. S~UO,(/S
Type print/stamp name of acknowledger
CC 735 7r1~
Title of rank, and Serial No., if any
Signed sealed and delivered
in our presence:
~ &rt~t(br!)
Auw]~1~jJk--l
WITNE
(SEAL)
sh, Sr. Vice President
( (SEAL)
Desiqnated Officer, AmSouth
(SEAL)
STATE OF FLORIDA
COUN'n:: OF PlNELLAS
r2-/ ~I-. Y1 The foregoing inst
. -day of .~, 2001 by
lmown to me.. or who has produced
and who. ( ) did (J1 did not take
IRENE S. PORCELLO
Nolary Public. State of Florida
My comm. expo Aug. 23, 2003
Comm. No. CC849072
knowledged before me this
who is personally
as identification -
n taking aclmowledgement
Type/print/stamp name of acknowledger
Title of rank, and Serial No., if any
, ,. . ,
., ,..." ..' ..-
. " . I ' '" . . ." . . '. ~ . . ' . ,
EXHmIT "A"
PARCEL ONE:
A parcel of land in the Southwest 1/4 of the Southwest 1/4 of
Section 19, Township 29 South, Range 16 East, Pinellas County,
Florida, being more particularly described as follows:
Commence at the Northwest corner of the Southwest 1/4 of the
Southwest 1/4 of aforesaid Section 19, Township 29 South, Range
16 East; thence South 00001'41" East along the West boundary of
the said Southwest 1/4 of the Southwest 1/4 of Section 19, said
line also being the centerline of Belcher Road, a distance of
40.00 feet; thence S 89010'19" E., a distance of 60.00 feet to
the Point of Intersection of the East Right-of-Way of Belcher
Road with the South Right-of-Way of Nursery Road, said Point
also being the Point of Beginning; thence continue S 89010'19"
E., along said South Right-of-Way of Nursery Road, a distance
of 219.97 feet; thence S 00002'35" E., a distance of 343.97
feet; thence N 89010'41" W., a distance of 230.05 feet to
aforesaid East Right-of-Way of Belcher Road; thence along said
East Right-of-Way of Belcher Road the following two courses and
distances: (1) N 00001'41" W., a distance of 334.00 feet; (2) N
45024'1511 E., a distance of 14.03 feet to the Point of
Beginning.
'. . ' . . I. " r ' " , ~ .. . "' .... J .. .,' '. " ".
KEVIN M. HUSSEY
President
Chief Executive Officer
PINELLAS COUNTY:
CORPORATE HEADQUARTERS
4134 Central Avenue
St. Petersburg, FL 33711
727-327-5775
727-327-3791. Fax
800-434-4104
TItle & Abstract Division
4134 Central Avenue (East)
St. Petersburg, FL 33711
727-321.2844
727-321-5179 Fax
2280 - 4th Street N.
St. Petersburg, FL 33704
727-895.3664
727-895-2514 Fax
800-611-9219
7655 - 38 Avenue N., .213
St. Petersburg Suncoast
Assn..o/ Reahors Building
St. Petersburg, FL33710
727-345-2999
727-345-4533 Fax
800-611-9224
243 Corey Avenue
St. Pete Beach, FL 33706
727-367-4571
727-367-2956 Fax
800-711-1885
11500 Seminole Boulevard
Largo, FL 33n8
727-393-5481
727-393-4525 Fax
800-711-1877
1110 Plnellas Bayway 1t111
lierra Verde, FL 33715
72Nl67-3137
727-864-3859 Fax
800-711-1887
33055 US Hwy 19 N.
Palm Harbor, FL 34684
727-781-4533
727.781-4624 Fax
800-711-1875
MANATEE. SARASOTA COUNTIeS:
3530 Webber Street
Sarasota, FL 34239
941-923-2371
941.924-9742 Fax
800.322.9196
Sanet;!)' ojConfract(!}
STEWAI~rl' rrITLE
4134 Central Avenue
SI. Petersburg, Florida 33711
727-327-5775
800-434-4104
Fax: 727-327-3791
01-' PIXEI.lu\S, ISC.
December 3, 2001
Board of County Commi s s ione rs (tl tAf1..wAfu ~1 eD HI-! 1\ () 0 t--'I ) +-,\11.
315 Court Street
Clearwater, Fl 33756
Re: Proposed Plat of Belcher and Nursery Development
This is to certify that this office has examined the
Public Records of Pinellas County, State of Florida
thru November 29, 2001 in regards to the following
described property:
See Attached Exhibit II All for Legal Description
We find the apparent record titleholder to be Belcher
Office Associates, L.L.C., A Florida Limited Liability
Company as his interest may appear, which is the same
Limited Liability Company that appears in the
dedication of the proposed plat.
The only mortgage of record is held by;
Mortgage held by AmSouth Bank, dated October 26, 2001,
in O.R. Book 11647, Page 314, Public Records of
pinellas County, Florida.
"Enhancing the Real Estate Closillg Process"TM
a Stewart Information Services company · NYSE:STC · www.stewart.com
'. .'i ,: ' " '. ' '. . ' f" - . " ' . ~ f . , , ., . ."
. .
EXHIBIT "A"
PARCEL ONE:
A parcel of land in the Southwest 1/4 of the Southwest 1/4 of
Section 19, Township 29 South, Range 16 East, Pinellas County,
Florida, being more particularly described as follows:
Commence at the Northwest corner of the Southwest 1/4 of the
Southwest 1/4 of aforesaid Section 19, Township 29 South, Range
16 East; thence South 00001'41" East along the West boundary of
the said Southwest 1/4 of the Southwest 1/4 of Section 19, said
line also being the centerline of Belcher Road, a distance of
40.00 feet; thence S 89010'19" E., a distance of 60.00 feet to
the Point of Intersection of the East Right-of-Way of Belcher
Road with the South Right-of-Way of Nursery Road, said Point
also being the Point of Beginning; thence continue S 89010'19"
E., along said South Right-of-Way of Nursery Road, a distance
of 219.97 feet; thence S 00002'3511 E., a distance of 343.97
feet; thence N 89010'4~1I W., a distance of 230.05 feet to
aforesaid East Right-of-Way of Belcher Road; thence along said
East Right-of-Way of Belcher Road the following two courses and
distances: (1) N 00001'41" W., a distance of 334.00 feet; (2) N
45024'15" E., a distance of 14.03 feet to the Point of
Beginning.
: ',,!>,.'1 .
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"See Agenda Drawings
# 17"
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04/18/02
Clearwater City C01l1tnission
Agenda Cover Melllorandmn
Work session Item #: J)L-t) 2>
Final Agenda Item # ~ ~
Meeting Date: 04/18/02
SUBJECT/RECOMMENDA TION: Approve the final plat for Colonial Village Park located along the
East side of McMullen-Booth Road and approximately 0.26 miles south of Drew Street,
I!J and that the appropriate officials be authorized to execute same.
SUMMARY:
· This plat will subdivide a metes and bound track of land into 6-platted lots with common areas.
· The applicant is proposing to build 6 Townhomes at this location. This property is zoned LMDR (Low
Medium Density Residential). The Community Development Board has approved this development on
April 17, 2001.
· A copy of the plat is available for review in the City Clerk's office.
Budget
Purchasing
Risk Mgmt
N/A
--
N/A
N/A
Public workS4}
DCM/ACM
Other
Current FY
Funding Source:
CI
OP
Other
Reviewed by:
Legal N/A
Info Srvc
N/A
Originating Dept: dJ
Public Works-1'\- \.
Administration
User Dept.
N/A
Costs.
Total
Attachments
Location Map
Submitted by:
City Manager ~ ~
o None
Appropriation Code:
Printed on recycled paper
Plat Colonial Village Park
~
NORTH
Scale N.T.S.
Location Map
PROPOSED SUBDIVISION
COLONIAL VILLAGE PARK
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PROJECT
SITE
DREW STREET
VIRGINIA AVE
BAY
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eotherwood
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STREET
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COLONIAL VILLAGE
SIIIT
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orolina ~
D~Di
GULF TO SAY BL VO
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S.R. 60
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CITY OF' CLEARWATER, F'LORIDA
PUBLIC WORKS ADMINISTRATION
ENGINEERING
" ,
0llA. BY
D.D.M.
lii'cXii fTt
owo. IlO.
DAn:
04/18/02
KCT-lWIP_
-cc
E..lNAL ~LAT
PROCESSING SHEET
Jle: P0U.:s
.}W'o (~
SUBDIVISION NAME:
C.oLONiAL vJLLI-\Gf..
DATE:~j
flt-P, "- @
"....\ JR.l.. A
NcM\'\ LlJ::/J.- ~oo'n+ ~nJ
( '7
1. PLANNING AND DEVELO~N.T.SERVICES:
. REVIEWED BY: ~ 7.
~Jo'"
C I) J} L(- (7. I
a.) GiRG. Approval Date: 0
DATE: "J./..o Z
b.) Final Preliminary Plat Certification Date:
2. PARKS AND RECREATION DEPARTMENT:
REVIEWED BY: ~f>~ 0. (L;c-~
COlvfl\ffiNTS:
DATE: 3--'--/ - 6~
A-D cK>-r- c-~j-/ ~ .
3. GAS DEPARTMENT: (\;} _./_.
. REVIEWED BY: ";t:rJ~, kcz,(>'f!H~)t)
COlvfl\ffiNTS: . I'/p CJ!J / "ec h 'p,/)
DATE: '3 /11J1CJ~
.4. PUBUCWORKS'AnMINlS
~-. . REVIE~ BY: ~ ~
COlvfl\ffiNTS: r\. ~ ~.
.~ .00~~.~
DATE: 3--4-'-0 z...
5. PUBUC WORKS ~IS~nON/PRODUCTION:
REVIEWED By:'PZ~~O:Q;-
COlvfl\ffiNTS: 0 (i:-
?, 'I,-fJ .~
DATE:
. ..,. , . . ',~ . ',' . , . . '..' .... ' ., . ". . '.: " t, , \ . '.
6. DIRECTOR OF EN9~E~N9)f- Q -
REVIEWED BY: '~~-l.~ ~
CO~1MENTS: ore
DA -rn? - ~..:o ~
7. CIlY CLERK (Secretary to call Public \Vorks Administration for pick up after being signed.):
(pARCEL NUMBER I (., / "Z. '1/ '''' / 00000 / '2-\ 0 /0 (tOO)
REVIEWED BY: DATE: 03/07/02
COMMENTS:
ACCORDING TO OUR RECORDS THE CITY OF CLEARWATER HAS NO UNPAID LIENS OR TAXES
AGAINST THIS PROPERTY.
Y?
Stephenson, D puty City Clerk
8. CIlY ATIORNEY (Secretary to call ,Public Works Admi.. 'nistration for pick up after being Si~1~J .
REVIEWEDBy:~-..<:...-Q ~ 1 ,DATE: OJ-
COlv.IMENTS: (7, -., ~tA . . ~ c.. L. __ ~-"L4~
./l4(JA"'(,/~~ ,/lA., () r -y-. - ~ - (/ ~v(f.r-.-- --
~~~,.~~
~ .1~(A,/f/jjj.
\
9. CI'IY MANAGER (Secretary to call Public Works Administration to pick up plat and processing sheet
after being signed by City Manager.): #
APPROVED BY: . DATE: 1 l>2
, .
::B. u....-. JI
Pinal Pllt Processing Sheet
Sheet 2 of 2
REV t 2/04/97
. ' . '" .' 1 1 .: ' t "" f:, .' , . ,',' I "~"'" .... I I .:,' :, " . :H"'~
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OFFICIAL FORM FOR SUBMITTING PLAT
FOR APPROVAL TO PLANNING & ZONING BOARD & CITY COMMISSION
REQUEST FOR APPROVAL OF SUBDIVISION PLAT AND
AGREEMENT TO INSTALL IMPROVEMENTS, ETC.
CLEARWATER, FLORIDA
d/ d~OO<<~
TO: City of Clearwater, Florida
City Hall
Clearwater, Florida
1. I, (~) -1fl B~ fJ\JvfZS'rmeIVT0 G~(j tJP IN'-.
are the
owners of the following described property (give legal description
~-
used on proposed plat or attach separate sheet if length requires:)
The North 1/2 of the South 1/2 of the Southwest 1/4 of the Northeast 1/4 of the
Northwest 1/4 of Section 16, Township 29 South, Range 16 East, Pinellas County,
Florida, LESS AND EXCEPT the West 50 feet thereof conveyed for road right-of-way
and FURTHER LESS AND EXCEPT the East 400 feet thereof.
and represent that all taxes have been paid on such property and
that the property is free and clear of all encumbrances except
(list in details) :
_(s.ee A- J rlJ cJfeA
/I//)Ale k--Xcepr
COrJS{'N-r -ro
iV\()~r(;It~~E
p~ 19 J l' I /lI~ FO/tM.)
.....
(all lien holders must join In signing plat and in signing this
letter. )
2. Herewith is submitted a proposed plat (Must be copy of
proposed final plat complete except for signature) of such property
as a subdivision located within or adjacent to the City thereof, to
be known as
(!, 01.0 1tJ'~L
V I UAGe
&~W-
and respectfully request that such plat be approved by:
PLATPROCl
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(a) The Planning & Zoning Board of the City and
Supervisor of Plats of the City
(b) The city Commission of the City as required
by the Charter and Ordinances of the City
3. And, as an inducement for the procurement of such
approval. (I, ~eJ for myself (oursel ves~ -/<'..6.::r:-N ves.,mel/Jr....!i
G aQ 0 uP :r:rJ Co, and my (S!dE) ;:
heirs, executors, successors, legal representatives and assigns, do
hereby covenant and agree with the City of Clearwater that I (we)
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will construct, erect and install within such subdivision, within a
period of 365 days from the date of such approval by the city
Commission, the Subdivision improvements as described in and
required by Chapter 133, Clearwater Code of Ordinances. All
improvements are to be approved by the City Engineer (if any of the
following are already installed, so note, or if it does not apply,
indicate as N/A) :
A.
B.
c.
D.
E.
F.
G.
H.
I.
J.
STREETS: pC1/lIe
CURBS AND GUTTERS: # j/J
SIDEWALKS: N / /:J
PARKWAYS: /VI/}
EASEMENTS: D 01/(3.
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,
SANITARY SEWERS: DO/vie.
STORM SEWERS AND DRAINAGE: () ON.e
UTILITY LINES: D all-&
RIGHTS-OF-WAY: A/;lrr
STREET LIGHTS AND STREET NAME SIGNS: [) o/ll-e..
, '. . " . , '. ' '''I . ." ~ - . ~ .. . ., , .
. . -. ..'. . .
4. In order to secure compliance by the undersigned with the
covenants and agreements set forth herein and within the time limit
given above, there is hereby handed to you a performance surety
bond or bank escrow account in the sum of $
/11/8
, the
estimated cost of the required subdivision improvements as prepared
by a Florida Professional Engineer and approved by the city
Engineer.
IN WITNESS WHEREOF, I (We) have hereunto set
hand(s) and affixed
seal(s), this
day of 19
fJ \ (>(
( SEAL)
(SEAL)
i
( SEAL) :
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Signed sealed and delivered
in our presence:
WITNESS
WITNESS
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STATE
OF FLORIDA ~ ~~';).
- \-\1' \ L)~)i)( ClL(l~-)
OF~ (t~, 2]'2-,:.'I/OL.
acknowledged before me \ ~~')
fl.~)iZj; / t)'L.~ ~O \?\)\
, H {2COQ '\ ~\
COUNTY
this
The foregoing instrument was
1')0\'\\ d f (,'""'. -
day 0 r=t...uu.o..l v,
,Tose-J+e.- Do h u-~, U
known to me or who has produced FIO(tclcA....
as identification and who (~ did
did
by
who is personally
\}-,\i t~ ~ l \ LtL.f\ ~~
not take an oath.
.A " () /, t5-c /L
Signature 0 person taking acknowledgment
f- l1.){)()c{{' ()C_l
Type/print/stamp name of acknawledger
N D f-e.J Jj
Title of rank, and. erial No., if any
","""'t.""'1 R. WOODCOCK
i..,'if.X~~ MY COMMISSION' DO 035025
~~~i EXPIRES: June 20, 2005
~~r;;1A.~.:' Bonded Thru Notary PubliC Underwrtlers
''ll''\\\
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CONSENT TO PLATTING OF LANDS AND
PARTIAL RELEASE OF l\10RTGAGE
(I) (We) the undersigned, as mortgagee(s) under a certain mortgage dated September 12,
2001, recorded in O.R. Book 11598, Page 2582, Public Records of Pinellas County covering the
following described real property located in said county, to-wit:
See Exhibit "A" Attached Hereto
do hereby consent to the platting of said lands, or so nluch thereof as is contained in the proposed
plat, as a subdivision to be known as: COLONIAL VILLAGE PARK and hereby join in the
dedication of such lands as such subdivision and release from the lien of such mortgage all
streets, and all other areas shown by said plat to be dedicated to public use, and agree that in the
event of foreclosure of this mortgage all easements shall survive and be enforceable.
Witness our hands and seals this _ day of February, 2002.
WITNESSES:
I/-~
(SEAL)
':~L~~
Title: ~~ t.o~
(SEAL)
Vi.c:..E .~t2S(~~~
STATEOF~~~
COUNTY OF -u, f) &~ tI ~~ ~
The foregoing instrument was acknowledged befor~e this ~ day Of~
2002, by ~~ ,as ~Vuf...'\fAlld' of SouthTrust Bank, a
Alabama state ch ered bank, on behalf of said banle He is [J.-tpersonally known to me or [ ]
produced as identification and did/did not take an oath.
~,,'\,,^~~ GAIL A. UNDLEY
.,:: ~";A"I; :*\ MY COMMISSION #I CC 926542
',6' . EXPIAES:ApriI10,2004
iif.t~~ Bonded Thru Notary Public Undlrwr1lera
~Yt:;'~
:r<1otary Public
Print Name:
My commission expires:
C:\windows\TEMP\CONSENT TO PLA liING OF FUNDS AND PARTIAL RELEASE OF MORTGAGE RE KU INVESTEMENTS,doc
. "'. ,,'..... \' .' ,: .. ' ~.",,) , . _.,: ' .~
C. URAl/AM CAROTHERS, JR.
(813) 227-2349
cc.'U\1thc@slk-law.com
SHUMAKER, Loop & KENDRICK, LLP
ArrORNEYS AT LAW
BANK OF AMERICA PLAZA. SUITE 2800
10 1 EAST KENNEDY BOULEVARD
TAMPA, FLORIDA 33602
(813) 229-7600
FAX (813) 229-1660
OlliER OFFICES:
CHARLOTIE, NC
COLUMBUS, OH
TOLEDO,OH
MAILING ADDRESS:
POST OFFICE BOX 172609
TAMPA, FLORIDA 33672-0609
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F ebluary 13, 2002
I
Board of County Commissioners
Pinella~ County, Flodda
440 Court Street
Clearwater, FlOlida 33756
Re: KB Investments, Inc. / Residential Subdivision Plat
Our File No. (pending)
Dear Sir or Madam:
Very nuly yours,
( .
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. . Graham Carothers, Jr.
Pursuant to section 177.041, Florida Statutes, we are pleased to offer the following title
opinion regarding the above-referenced residential subdivision plat (the "Plat").
Based upon Commonwealth Land Title Insurance Company Ownership and Encumbrance
Report No. 40123909, dated effective as of February 8, 2002 (the "Rep011"), record title to the land
described in the Plat (see legal description attached hereto as Exhibit "A") is cunently vested in KB
Investments Group, Inc., as shown by that certain Personal Representative's Deed recorded in
Official Records Book 10956, Page 787, of the Public Records of Pinellas County, Florida, a copy
of which is enclosed.
Based on the Report, the only ffi0l1gage(s) that encumbers the property described in the Plat
which has not been satisfied or relea~ed of record or otherwise tetminated by law is that ce11ain
M011gage, SecUlity Agreement, Financing Statement and Assignment of Rents recorded in Official
Record~ Book 11598, Page 2582, of the Public Records of Pin ell as County, Florida.
If you have any questions concenung this matter, please feel free to call.
CGC\mh
Enclosure
F:\h349\cgd \007millc\KB InVClilmcntll Plnl Opinion teller.doc
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EXHIBIT
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The North 1/2 of the South 1/2 of the Southwest 1/4 of the Northeast 1/4 of th~
Northwest 1/4 of Section 16, Township 29 South, Range 16 East, Pinellas County,
Florida, LESS AND EXCEPT the West 50 feet thereof conveyed for road right-of-way
and FURTHER LESS AND EXCEPT the East 400 feet thereof.
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OWNERSHIP AND ENCUMBRANCE REPORT
(~!l- Cl p~:~' J1l1P
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Case No. 40123909
This will serve to certify to Shjumaker, Loop & Kendrick, LLP, ("Certified Party") that
Commonwealth Land Title Insurance Company, (CLTIC), has caused to be made a
search of the Public Records of Pinel/as County, Florida, ("Public Records") as
contained in the office of the Clerk of the Circuit Court of said County, from February
8, 1972, through February 8, 2002, at 7:45 o'clock A.M., as to the following
described real property lying and being in the aforesaid County, to-wit:
The North 1/2 of the South 1/2 of the Southwest 1/4 of the Northeast 1/4 of the
Northwest 1/4 of Section 16, Township 29 South, Range 16 East, Pinellas County,
Florida, LESS AND EXCEPT the West 50 feet thereof conveyed for road right-of-way
and FURTHER LESS AND EXCEPT the East 400 feet thereof.
As of the effective date of this Report the apparent record fee simple title owner(s)
to the above described real property is:
KB Investments Group, Inc., a Florida corporation by virtue of that certain Warranty
Deed recorded in O.R. Book 10956, page 787.
Real estate taxes, according to the aforesaid Public Records, have been paid up to
and including the year 2001. Gross amount of tax $1766.96. Tax folio number
16/29/16/00000/210/0900.
The following liens and encumbrances against the said real property recorded in the
aforesaid Public Records have been found:
1. Mortgage, Security Agreement, Financing Statement and Assignment of Rents
recorded in O.R. Book 11598, page 2582.
2. Assignment of Rents, Leases, Profits and Contracts recorded in O.R. Book
11598, page 2600.
.3. Notice of Commencement recorded in O.R. Book 11598, page 2609.
4. UCC-1 Financing Statement recorded in O.R. Book 11598, page 2612.
Public Records shall be defined herein as those records currently established under
the Florida Statutes for the purpose of imparting constructive notice of matters
relating to real property to purchasers for value and without knowledge.
This Report shows only matters disclosed in the aforesaid Public Records, and it does
not purport to insure or guarantee the validity or sufficiency of any documents noted
herein; nor have the contents of any such documents been examined for references
to other liens or encumbrances. This Report is not to be construed as an opinion,
warranty, or guarantee of title, or as a title insurance policy; and its effective date
shall be the date above specified through which the Public Records were searched.
. ". '.' ',' ...' ,.<" . '., : J :.' ,. ., I ,'.
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This Report is being provided for the use and benefit of the Certified Party only, and
It may not be used or relied upon by any other party. This Report may not be used
by a CLTIC agent for the purpose of issuing a CLTIC title insurance commitment or
policy.
In accordance with Florida Statutes Section 627.7843 the liability CL TIC may sustain
for providing incorrect information in this Report shall be the actual loss or damage
of the Certified Party named above up to a maximum amount of $1,000.00.
IN WITNESS WHEREOF, Commonwealth Land Title Insurance Company has caused
this Report to be signed and sealed by an authorized signatory employee on
February 13, 2002 all in accordance with its By-Laws.
Issued at:
LandAmerica
1302 N. 19th Street, Suite 200
Tampa/florida 33~ !
By: ~ ~dlQ-
Carol Hall, CLS
Commercial Title Examiner
Authorized Signatory Employee
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2C1515?9 06-23-2000 11:51:25 HBP
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Pn;pIred by and retum to:
Donald R. II.U
Attorney at Llw
Gou land lIall, P.A. i'
~ 28050 U.s. Iht)'. 19 N., Sultc 402
Clc:anulU, "'Iorltlll 33761 '1
727-799.162S C I.
File Number: 9Sij4-^ Ci I...,.
Will C:l1I No,:
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'10.50
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(S('-l'C ^b.l.c Thll LllIc for Recent'"' l>a~l_
00-IB7606 ~UN-23-cOOO 11 ~O~
PINELLRS CO BK 109~6 PO 787
I..........
Personal Representative's Deed
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This Personal Representative's Deed mlade Ihis _ day of ~. 2000 bclWcen Wlllllm H. Ruckcnfeller as
Pusonll Rcpnscntali\'c(s) uf the Eslate of Elsie O. Emuld., dcculcd whose (lOSI office :address is 25 S. McMullen
Oootl\ Rd.. Clcant'Dtcr, florida 33759, gr:llllor. tuld KD Investments Group, Inc., D Florida corporation whose I>ost
offil:c ,)ddre~s is 5315 D(I:ardwlIU, Street, 1I01id:l)', Florida 3.,690. granlc~:
I.....hene'''r UK'" hcrtllllhc 'elm' ,"unlor an..! .r&lIIC'C iII~luJo: all ,hi: parllcs 10 Ih"lOilnlnl,nl ~,fIl Ih~ II(UI, Ie.:,' 'qll~~"'~11I ,'I, "...I :lH'\:n, vf ..,,jIl..Ju~h,
alld Il~ lucccnon and u,iaR1 or (Orpol3ltOftl,INIU ind 11II1:ees)
Witnesseth, that s.1id grantor, fur ~nd in considcralioll of the sum TEN AND NO/lOa DOLLARS (SI0.oo) and other good
ilnd valU:lblc considcrulions 10 said gr:ultor in hand paid by snid gr:lntce, the: rccciPI whereof is hereby :u:knowlcdscd, has
[:rilnled. bUf;:lincd. ilnd sold II) Ihe s:lid grilnlcc. :lIIJ sr.mtccs heirs :lnd ils~il::ns forc\'cr. the follc.win!j described /3I\d. Silu3tt'.
IYln& and b..:in& in l~incllllt'Countr, Flonda. lo,wil:
The North III of the Soulh 1/2 uf Ih~ Sout/mcsl 1/4 of ehe Northcast 1/01 of thc Nortlt\lcst 1/0( of
Sccllon 16. Townshll' 29 South, Rall!,;c 16 EllSI, Piuclllls"Cuunt)', Floritl:J, LESS AND F.XCEPT Ihc
West SO feet lhereof (,ollve~'cd for road rll:ht of W:I)' and Fl'RTHEI( LESS AND EXCEPT tilt' Ellse
400 feet theft'uf,
Purcclld~l1Cifiealion lIiunallcl": r 6-29,1 (j.00000.21 0.0900
Together wilh :llllhc Icncmcnls. hcrelht:lnlenls :InU :\ppurtcnoll\ces thereto bclolll:lll& or In :In)'\\isc i1PPcr1;1ming.
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To JI.1\'C and 10 1I011l. Ihe salll!: 10 fec slInpfc [ore,'cr.
And the grantor hereby covcn:mts with said granlce lhat Ihe granlor M~ good flghl and lilwful aUlhorilY to sell and convey
said . land: that Ihe grantor wa~nlS lh~ title to said land for any ICts of Coranlor and will defend the lille ag3inst the lawful
claims Qf all persons claiming by, through, or under Granlor.
In \\'ltncss Whereof, Or-Intor h:ls hcrcunlO scl Gr:Jnlor's hJn:.lllnd ,cilllhc 1.1:1)' :lnu ycar firSI ilbo\'c \Vflllen,
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Sisned, scaled and delivCfIld in our presence:
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Witness N;\~~O/llA-L-O ~. tJ...+ <-L-
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i1ham H. Rockcn~ Icr
Personal Rcprcscnt.llivc of the Estalc of Elsie 0, Emerich,
Dcccasc:d
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State of Floridll
County of Pine lias
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The (oiqoing insuumenc was acknowledged bcfl me this __day of ~, 2000 by William H. Roekcnfcllcr. PCQOnal
Representa:ive of the estate of Elsie D. Emericb, ~ U is personally known to me or (X]1w produced. Florida
dri\'er's license as identification. "--~
[Nola/)' Seal] Notary Public
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Printed Nome:
My Commission Expires:
4l Donatct It He.
. . MVCOtoM$SION,CQ55411 Ela'fi1ES
\: Nowmbef 1~ 2O'J3
W", ...~ ~1\4I\/1~J&IlII'CSl.AHa.1IC
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"See Agenda Drawings
# 18"
04/18/02 .
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Clearwater City
Commission
Agenda Cover
lviemorandum
SUBJECT/RECOMMENDATION: Approve the Local Agency Program (LAP) Supplemental
Agreement with the Florida Department of Transportation (FOOT) for the Clearwater Beach West
Bridge/Spur Connector construction phase, in the amount of $3,006,562.00,
Work session Item #:
_P C/J Lf
J~
Final Agenda Item #
Meeting Date:
4/18/02
~ and that the appropriate officials be authorized to execute same.
SUMMARY:
. On 10/19/00 the City Commission approved an agenda item for the LAP project agreement
.between the FOOT and the City of Clearwater for design of the Clearwater Beach West
Bridge/Spur Connector construction.
. This supplemental agreement expands the City's administrative efforts to manage the
construction phase of the project, including construction engineering and inspection.
. This project is funded 1000/0 by FOOT.
. The pedestrian & bicycle cable-stayed bridge will cross over Mandalay Channel south of the
existing fishing pier, and will connect the existing sidewalks on Clearwater Beach & Memorial
Causeway.
. Design will be completed in December 2002, with construction expected to start in March 2003
and be complete in December 2003.
. Copies of the supporting documents are available for review in the City Clerk's office.
Legal
Budget
~ Info Srvc NIA
c::: Public Works ~
DCM/ACM /.
NIA Other
Originating Dept:
Public Works Administcpn
(Chris Focsan) -yfl-l
~osts
Reviewed by:
Total
Funding Source:
Purchasing
Risk Mgmt
Current FY
CI
OP
Other
Attachments
Submitted by:
City Manager
~" Printed on recycled paper
MandalayLAPbrldgeConstructlonAgenda.crf
lEI None
A ro riatlon Code:
Rev. 2/98
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SUPPLEMENT NO.1
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
FIN NO. 406539 1 5801
LOCAL AGENCY PROGRAM
SUPPLEMENTAL
AGREEMENT
CONTRACT NO. AI915
PROJECT DESCRIPTION
The CITY OF CLEARWATER AND THE FLORIDA DEPARTMENT OF TRANSPORTATION desires to supplement the Agreement
entered into and executed on NOVEMBER 13, 2000, as identified above. All provisions in the basic Agreement remain in effect
except as expressly modified by this Supplement. The changes to the Agreement are described as follows:
Name: CLEARWATER BEACH WEST BRIDGE SPUR CONNECTOR
Length: APPROXIMATELY 320 FEET
Termini: MAINLAND CLEARWATER ACROSS MANDALAY CHANNEL TO CLEARWATER BEACHSIDE
Description of Work: CONSTRUCT PEDESTRIAN BRIDGE PARALLEL TO EXISTING ROADWAY BRIDGE (#43) OVER THE
MANDALAY CHANNEL
Reason for Supplement: ORIGINAL LAP AGREEMENT PROVIDED FOR DESIGN OF THE PROJECT. THIS SUPPLEMENT ADDS
THE CONSTRUCTION AND CONSTRUCTION ENGINEERING PHASES.
TYPE OF WORK FUNDING
(1) (2) (3) (4) (5)
PREVIOUS TOTAL ADDITIONAL CURRENT TOTAL TOTAL
PROJECT FUNDS AGENCY FEDERAL FUNDS AGENCY FUNDS FEDERAL FUNDS
1=11I\11"1C::
P.E. a. Agency Work $ 47~ non $ n $ 47~ 000 $ 0 $ 47~ ono
b. Other
c. State Services -
d. Total PE Cost (a+b+c)
Right-of-Way
e. Agency Work
f. Other
g. State Services
h. Total RfW Cost (e+f+g)
Construction
i. Contract $ 0 $ 0 $ 0 $ 0 $ ? 4O!=i ?!=iO
j. Other
k. Other
I. Other ----------
___._M____
m. Total Contract Costs
(i+j+k+l)
Construction Engineering
n. Agency $ 0 $ 0 $ 0 $ 0 $ R01.~1?
o. Other
p. State Forces - - ~------_.- _._-.---- ~ - -. -
----~---
q. Total Construction
Engineering (n+o+p)
r. Total Construction Cost $ 3,006,562
(m+q)
s. TOTAL COST OF $ 479,000 $ 0 $ 479,000 $ 0 $ 3,485,562
PROJECT (d+h+r)
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IN WITNESS WHEREOF, the parties have caused these presents to be executed the day and year first above written.
CITY OF CLEARWATER
STATE OF FLORIDA
FLORIDA DEPARTMENT OF TRANSPORTATION
As to form:
By:
BRIAN J. AUNGST, MAYOR-COM
By:
DONALD J. SKELTON, DIRECTOR OF PLANNING/PRODUCTION
Attest:
TITLE:
Attest: :
TITLE:
As to form:
DISTRICT ATTORNEY
See attached Encumbrance Form for date of funding approval by Comptroller.
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City's signature page to Local Agency Program Agreement between
State of Florida Department of Transportation and the City of Clearwater
FIN NO. 406539 1 58 01
Countersigned:
CITY OF CLEARWATER, FLORIDA
By:
Brian J. Aungst
Mayor-Commissioner
William B. Horne, II
City Manager
Approved as to form:
Attest:
Cynthia Goudeau
City Clerk
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Oearwater Oty Commission
Agenda Cover Memorandum
Final Agenda Item #
Meeting Date:
CA-i
.20
4/18/02
SUBECT/RECOMMENDATION: Authorize the sale of property known as the Atrium by BSF 111-8 LLC to
the Wilder Corporation and authorize execution of a consent to this sale.
and that the appropriate officials be authorized to execute same.
SUMMARY:
. On July 14, 1983, the City entered into a Development Agreement with the Clearwater Redevelopment Agency and
J.K. Financial Corporation concerning the property now known as liThe Atrium."
. Section 11 of the Development Agreement requires that the property conveyed pursuant to that agreement not be
sold without the consent of the City or Agency.
. The City consented to the conveyance of the property to BSF III-B, LLC in the Third Amendment to the Development
Agreement.
. On March, 25, 2002, BSFIII-B, LLC conveyed the property to Wilder Corporation.
. Staff recommends that the City consent to, confirm, and ratify the sale of the property to Wilder Corporation.
_b~ Origina . Costs None
Legal Info Tech NA Legal Total
Budget NA Public Works !Jkr User Dept ~- Funding Source:
Purchasing NA DCM/ACM Economic Dev{JJ/}e Captiallmprovement Current Fiscal Year
Risk Mgmt NA Other NA Attachments Operating
Finance N/A None Other
Appropriation Code:
o None
Rev. 2/98 .
pV.
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CONSENT
THIS CONSENT is duly executed as of this _ day of ,2002 by the
CITY OF CLEARWATER, FLORlDA, a Florida corporation (the "City").
WITNESSETH:
WHEREAS, the City, the Clearwater Redevelopment Agency, a body politic and
corporate under the laws of the State of Florida (the '"Agency") and J.K. Financial
Corporation, a Florida corporation entered into that certain Development Agreement
dated as of July 14, 1983, recorded in Official Records Book 5868, Page 1530, of the
Public Records of Pinellas County, Florida, as amended by that certain Amendment to
Development Agreement dated as of July 25, 1984, recorded in Official Records Book
5868, Page 1543, aforesaid records, as amended by that certain Second Amendment to
Development Agreement dated as of November 29, 1993, recorded in Official Records
Book 8515, Page 257, aforesaid records, and as further amended by that certain Third
Amendment to Development Agreement dated as of August 11, 1998, recorded in
Official Records Book 10214, Page 2218, aforesaid records (the "Development
Agreement") ;
WHEREAS, the Development Agreement provides that the conveyance of any
real property subject to the terms of the Development Agreement must be consented to by
the City or the Agency;
WHEREAS, BSF III-B, LLC, a Delaware limited liability company ("BSF")
having its principal place of business at c/o Lend Lease Real Estate Investments, Inc.,
3424 Peachtree Street, Suite 800, Atlanta, Georgia 30326 was the owner of a certain
parcel of land more particularly described on Exhibit A attached hereto and made a part
hereof (the "Property");
WHEREAS, the Property is subject to the terms of the Development Agreement;
WHEREAS, City consented to the conveyance of the Property to BSF in that
certain Third Amendment to Development Agreement;
WHEREAS, BSF conveyed the Property to Wilder Corporation, a Delaware
corporation ("Wilder") whose address is 3000 Gulf to Bay Boulevard, Suite 600,
Clearwater, Florida 33579 on March 15,2002; and
WHEREAS, City desires to consent to the transfer of the Property by BSF to
Wilder.
NOW THEREFORE, City hereby consents to the conveyance of the Property by
BSF to Wilder. City hereby ratifies and contirms that the conveyance of the Property by
. BSF to Wilder is valid and was performed in full compliance with the terms of the
Development Agreement.
A TLOllll16210lvl
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IN WITNESS WHEREOF, City has caused this Consent to be executed in
manner and form sufficient to bind it as of the day and year first above written.
Countersigned:
CITY OF CLEARWATER, FLORIDA
By:
Brian J. Aungst
Mayor-Commissioner
William B. Horne II
City Manager
Approved as to form:
~4K.~n
City Attorney
Attest:
Cynthia E. Goudeau
City Clerk
-2-
A1rL01/11162101vl
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EXHIBIT" A"
PARCEL I:
Lots 1,2,3 and 4, Block "13" of GOULD AND EWINGS 1ST AND 2ND ADDITION
TO CLEAR WATER-HARBOR, FLORIDA according to a map or plat thereof recorded
in Plat Book 1, Page 52 of the Public Records of Hillsborough Countv, Florida of which
Pinellas County was formerly a part, less road right-of-way, together with that portion of
. said Block "13", which was formerly an alley, running East and \Vest through said Block
"13", also vacated railroad right-of-way described as follows: Begin at Southeast comer
of said Lot 2, Block" 13 "; run thence East, along the Northerly right-of-way line of Park
Street, 60.18 feet; thence Northerly along the Easterly right-of-way line of said railroad
right-of-way also the West lines of Lots 7 and 8, Block "20" of said GOULD AND
EWINGS 1 ST AND 2ND ADDITION, 229.0 feet more or less to the Southerly right-of-
way line of Cleveland Street; thence West, along the said right-of-way line, 60.18 feet;
thence South along the Westerly right-of-way line of said railroad right-of-way also the
Easterly line of Lots 2 and 3, Block "13", of said GOULD AND EWINGS 1ST AND
2ND ADDITION, 228.93 feet more or less to the POINT OF BEGINNING. All being in
Section 16, Township 29 South, Range 15 East PineIlas County, Florida.
ALSO DESCRIBED AS:
Beginning at the Southeast corner of Lot 2, Block 13 of said GOULD AND EWINGS
1 ST AND 2ND ADDITION; thence along the Northerly right-of-way of Park Street
(Park Avenue-Plat) (a 60 foot right-of-way), North 89045'53" West, 110.22 feet to the
Southwest comer of Lot 1, Block 13 of said GOULD AND EWINGS 1 ST AND 2ND
ADDITION; thence along the Eastern right-of-way line of South Garden Avenue North
00002'16" East 227.94 feet to the apparent Southerly right-of-way line of Cleveland
Street as it now exists; thence South 89050'01" East, 189.03 feet to the Easterly line of the
vacated S.C.L.R.C. right-of-way; thence South 04042'26" West, 228.86 feet (229.0 feet,
Deed) to the Northerly right-of-way line of Park Street (Park Avenue-Plat) (a 60 foot
right-of-way); thence North 89045'53" West, 60.18 feet to the POINT OF BEGINNING.
PARCEL II:
Lots 8 and 9, Block 20, GOULD AND EWING'S FIRST AND SECOND ADDITION
TO CLEARWATER HARBOR FLORIDA, less and except the North 6 feet of Lots 8
and 9, as conveyed to City of Clearwater as recorded in Deed Book 194, Page 471, for
alley, and less road right-of-way, according to the plat thereof, recorded in Plat Book 1,
Page 52, of the Public Records of Hillsborough County, Florida, of which Pinellas
County was formerly a part.
PARCEL III:
That portion of Lots 1,2,3,12, 13 and 14 and vacated railroad right-of-way Westerly of
said Lots 1 and 14, all in Block "6," MAGNOLIA PARK, as recorded in Plat Book 1,
- 3 -
ATLOI/11162101vl
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Page 70, of the Public records of Hillsborough County, Florida, of which Pinellas County
was formerly a part, and Plat Book 3, Page 43 of the Public Records of Pinellas County,
Florida, being more particularly described as follows:
From the Northeast comer of said Lot 3, Block 6, as a POINT OF REFERENCE: thence
N89045'53 "W, along the North line of said Lot 3, also being the South right-of-way line
of Park Street, 30.01 feet, to a point of intersection with the Northerly extension of the
east face of the four level concrete parking garage and the POINT OF BEGINNING,
thence leaving said North line of Lot 3, SOoo12'45"W, along said East face and its
Northerly extension thereof 221.20 feet to the Southeast corner of said parking garage;
thence N89045'39"W, along the South face of the four level concrete parking garage and
its Westerly extension thereof, 208.32 feet to the Westerly line of a 60 foot vacated
Railroad right-of-way; thence N04042'26"E, along said Westerly line, 221.86 feet to said
South right-of-way line of Park Street; thence S89045'53"E, along said South right-of-
way, 190.93 feet to the POINT OF BEGINNING.
Together with all the air rights previously granted to Atrium at Clearwater, Limited in
that certain Special Warranty Deed given by Community Redevelopment Agency of the
City of Clearwater, dated December 14, 1993, recorded on December 27, 1993 in Official
Records Book 8515, Page 174, of the Public Records of Pinellas County, Florida, and the
air rights previously granted to Atrium at Clearwater, Limited in that certain Special
Warranty Deed from City of Clearwater, Florida, dated November 29, 1993, recorded on
December 27,1993 in Official Records Book 8515, Page 168, of the Public Records of
PinelIas County, Florida; and the remaining air rights previously granted to ATRIUM AT
CLEARWATER, LIMITED in that certain Special Warranty Deed given by
COMMUNITY REDEVELOPEMNT AGENCY OF THE CITY OF CLEARWATER,
dated July 31, 1997 and recorded July 31, 1997 in Official Records Book 9792, page
1611, of the Public Records of Pine lIas County, Florida.
PARCEL IV:
TOGETHER WITH easements created for the benefit of the above described property as
described in that certain instrument recorded in Official Records Book 9792, page 1624,
of the Public Records of PinelIas County, Florida, together with easement created for the
benefit of the above described property in that certain Addendum to Easement Agreement
dated August 17, 1998 and recorded in Official Records Book 10214, page 2205., of the
Public Records of Pinellas County, Florida.
PARCEL V:
ALSO TOGETHER WITH easement for crosswalk as described in that certain
instrument recorded in Official Records Book 8515, page 177, of the Public Records of
Pine lIas County, Florida.
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ATLOl/ll16210lvl
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ClealWater City
Commission
Agenda Cover
Memorandum
Final Agenda Item #
(~L(< I
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Meeting Date: I-} -I g -0 :A
SUBJECT IRECOMMENDA liON:
Elect a commissioner to serve as Vice-Mayor
-D and that the appropriate officials be authorized to execute same.
SUMMARY:
In accordance with Article II, Section 2.05 of the City Charter, the Commission shall, at their second meeting in
April of each year, elect one of its members as Vice-Mayor.
The Vice-Mayor shall act as Mayor-Commissioner during the absence or inability of the Mayor-Commissioner
to perform the duties of the office of the Mayor. Former Commissioner Hart served in this capacity.
Reviewed by: Originating De . Costs
Legal NA Info-Tech NA City Clerk Total
Budget NA Public Works NA User Dept. Funding Source:
Purchasln NA DCM/AC~ Coptlal Current Fiscal Year
g Improvement
Risk NA Other NA Attachments Operating
Mg
mt
Other
Appropriation Code:
[J None
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C~Ll(2
APPOINTMENT WORKSHEET
FOR COMMISSION MEETING April 18, 2002
Agenda #
dA
BOARD: Enterprise Zone Development Agency
TERM: 4 years
APPOINTED BY: City Commission
FINANCIAL DISCLOSURE: Not Required
STAFF LIAISON: Linda Byars
MEMBERS: not fewer than 8 or more than 13
CHAIRPERSON: John Connelly
MEETING DATES: as called
APPTS. NEEDED 2
DATE APPTS. TO BE MADE:
categories to be represented: 1) local Chamber of Commerce; 2) Local financial or insurance
entities; 3) Business operating in the Area; 4) Resident residing within the Area; 5) Non-profit
community based organization operating within the Area; 6) Local Private Industry Council; 7)
City of Clearwater Community Response Team; and 8) City of Clearwater Police Department
THE FOllOWING ADVISORY BOARD MEMBER(S) HAVE TERMS WHICH EXPIRE AND NOW
REQUIRE EITHER REAPPOINTMENT FOR A NEW TERM OR REPLACEMENT BY A NEW
APPOINTEE.
Name-Address
Date of Original
Appointment
Interest in
reappointment
1. Vacant Seat - Resident residing within Area
person appointed will complete term to 7/31/03
2. Vacant Seat - non-profit community based organization operating within the area
person appointed will complete term to 7/31/03
THE FOllOWING NAMES ARE BEING SUBMITTED FOR CONSIDERATION TO FilL THE ABOVE
VACANCIES:
Name-Address
1. Isay M. Gulley
1 246 Eldridge St.
Clearwater, Fl 33755 "non-profit community based organization operating within the area"
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City of Clearwater
Economic Developl1/tmt
,---: ..~ .." Brownfields Zone
I --.- Enterprise Zone
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CITY OF CLEARWATER
ENTERPRISE ZONE DEVELOPMENT AGENCY
APPLICATION
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Telephone: . b -.5? -1 t;" ~elephone: / 7i V I/tJ.1- L//$X-'
How long a residentofClearwater?1Iy'~rt .d?/J/ J~~e /Y':7,qJ J
. & .:zi /). Iz:. f . M -/i.l;b~)r hcp~
Occupation: It II ,,1;) j" iIP/~' .Jy Employer:.. "" ". . c: '"1 :,;jy; .s?rJl/c~:J~
Tn/e~'I.:7*V'/(' ~
Field of Education: Other Work Experience:
,L/fk f;jC/f )'Ji'/?{6 j,,4t!Y4 .:r;y <4.~. t1'!e-d-~' ?'/' C4;/-I,?/?//C.
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If retired, former occupation:
Community Activities:
J,
Board Preference:
Additional Co
Signed:
Category Ap Ing For:
(_)Local Chamber of Commerce (_) Local Private Industry Council
(_)Local financial or insurance entities (_) City of Clearwater Community Response Team
(_)Business operating in the Area (_) City of Clearwater Police Department
~)ReSidents residing within the Area
)Non-profit community based organizations operating within the Area
Date: :i!ik,(b'/;Jj6 /y,
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Financial Disclosure may be required at the time of appointment.
PLEASE RETURN THIS FORM TO:
City Clerk's Department,
P. O. Box 4748, Clearwater, FL 33758-4748
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(~ Partnersfiip 11i
lJ{g.igfWorfwocf ~vita[izationJJ
Boal'd of DiI'ectol's
W. Pearl Johnson. President
Premier Community Bank
Gilbert P. 1\.1acphel'son. Vi~e-PI'esident
A f1orne." n1 Lall'
Sail)' Rub)'. Secretal'Y
Retired
FI'ank Cassara. Treasul'er
Bank olAmerica
John Jenkins
Retired
Willa L. Cal'son
Greenwood Health Resource Center
J\Jal.joric Bu ..dine
Sun Trust Bank
Steven B. Sullivan
Wel/s Fargo Mortgage Company
Lynne P. McChristian
USAA Property and Casllalty Insurance
NOI'lilll Pal'ks
Pinel/as COlln(1' School District
Isay M. Gulley. Executive Director
E-mail: igullcy@hotmail.com
608 North Garden Avenue Cleanvater, Florida 33755
Phone: (727) 442-4155 Fax: (727) 446-4911
February 13, 2002
Ms. Teresa "TJ" Jeffries
BrownfieldslEnterprise Zone Liaison
Economic Development Team
... .'
Ci~y ,or Clearw~ter
)>':0: Box 4748>.
''''''1. . . FI.'d "....7~" 4"748
\.., ean;\later ).. . 01'1 a .J~1,.:> 0- ;
Dear Ms. .Teffri~s:
, : . ~ ' , '.,
Enclosed you will.please' find my completed a.pphcation for a hoan).seat
for th~ City of Clearwater Enterprise Zone Development Agency Board)
1epresenting.the Non-Profit Organization sector.
I consider it an honor to have been recommended to this Board by Ms.
Diane Hufford. -1 gladly accept this opportunity and look forward to
meeting th~ rest of the board members at the next. meeting. T have also'
forwarded an original application to the City.Clerk's Department:
Sincerely,
..c.c. ,;City Clerk Department /
CleltrlVlIler NUS Is nn Equol Ollportunlty Lender lmtJ E,"ployer
serving throughout Plnellas & Pasco Counties
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('>1 Partnersfzip J n
9{g.igfz5ornooa 9\g.vita[ization JI
BOllI'd of Dh'cctors
W. PCI,,'1 Johnson. Pl'Csident
Premier CO/l1l11l111i(v Bank
Gilbert p, Macphel'son. Vice-President
A florney at La\\'
. Sail)' Ruby, ScCrChu')'
Retired
Franli Cassal'a. TI'easul'CI'
Bal1k of America
.John Jenliins
Netired
Wilhl L, Carson
Greellwood Health Resource Center
l\Ial'jOl"ic BUI'dine
Sun Trust Bank
Stcven B. Sullh'an
Wells Fargo Mortgage Company
Lynne p, McCha'isti:m
USAA Propertyalld Casua/(v Insurance
Nonna Pal'ks
Pinel/as COllnty School District
tsay 1\1. Gullc~', Executive Directol'
E-mail: igulley@hotmail.com
608 North Garden Avenue Clcnnvater, Florida 33755
Phone: (727) 442-4155 Fax: (727) 446-4911
February 13, 2002
City Clerk's Department
P.O. Box 4748
Clearwater. Florida ~3758-4748
Dear City Clerk.
Enclosed you WllJ please find my completed apphcation fur a seat on the
Enterprise Zone Devdopment Agency Board, I arn hoking forward to
the response iranl Ter.;:sa Jeffi'les.
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Clcllmlllcr NilS is 1111 Equlll Ol)portunlty Lender and Employer
serving throu~houl Pincllas & Pasco Countiu
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Prep~red hy & reltJrn 10'
Earl Barrett
Engineering Department
City of Clearwater
P. O. Box 4748
Clearwater. FI. 33758-4748
I SUBMERGED LANDS E A S E MEN T
FOR AND IN CONSIDERATION of the sum of One Dollar ($1.00) cash in hand paid to it, the
receipt of which is hereby acknowledged, and the benefits to be derived therefrom,
SUN HARBOR CONDOMINIUM ASSOCIATION, INC.,
a Florida Non Profit Corporation
479 East Shore Drive, Apt. 6
Clearwater, FI. 33767-2039
(herein "Grantor") does hereby grant and convey to the CITY OF CLEARWATER, FLORIDA (herein,
"Grantee"), an easement over, under and across the following described submerged land, lying and
being situate in the County of Pinellas, State of Florida, to-wit:
A strip of land 50 feet wide, being a portion of that certain submerged land lying
within Fractional Section 8, Township 29 South, Range 15 East, Pinellas County,
Florida, as more particularly described and depicted in EXIilI3IT "A" appended
hereto and made a part hereof.
Grantor conveys this easement to Grantee for the installation of a submerged sanitary force
main to be utilized for the benefit of Grantee and its public utility sewer system.
The CITY OF CLEARWATER, FLORIDA, shall have the right to enter upon the above described
easement premises and to construct, install and maintain therein said submerged sanitary force main
and related facilities, and to inspect and alter such force main and facilities from time to time.
Grantor hereby warrants and covenants (a) that Grantor is the owner of the fee simple estate in
and to the premises in which the above-described easement is located; (b) that Grantor has full right
and lawful authority to grant and convey this easement to Grantee and, (c) that Grantee shall have
quiet and peaceful possession, use and enjoyment of this easement. All obligations and benefits, both
explicit and implied, together with the covenants, terms, provisions and conditions herein contained
shall inure and extend to, and be obligatory upon the successors and assigns of the respective parties.
The easement herein granted, the covenants and restrictions hereby imposed, shall be
easements, restrictions and covenants running with the land, intended where appropriate to bind the
Grantor's property and to benefit the Grantee until such time as the use of the easement premises is
abandoned by Grantee, or upon termination by written mutual agreement of the parties. Each person,
firm or entity accepting a conveyance of the Grantor's property or any portion thereof, shall be bound by
the terms, provisions and conditions of this Grant of Easement, as if said person, firm or entity were
original parties hereto.
..
Page 2 - Submerged Lands Easement
Grantor: Sun Harbor Condominium Assn., Inc.
Grantee: City of Clearwater, Florida
IN WITNESS WHEREOF, the GRANTOR has caused these presents to be duly executed by its
proper officers thereunto authorized and its seal to be hereunto affixed, this /1 day of
. I1J )1< t..A ,2002.
Signed, sealed and delivered
in the presence of: .
SUN HARBOR CONDOMINIUM
ASSOCIATION, INC., a Florida
Non Profit Corporation
By:
Attest:
;!I~ ;lP:Y
/?JAA J( -(iL'-jY
,-See I ~dfY
~c-t -.&"5
,
~C{ ll. LLU,/ tJJ..j-
WIT 5s1
(corporate seal)
STATE OF FLORIDA
<7 V\ rJ
Hf.J~P~
tD~J d~-
. i IJ) \1\ Y'-
: 55
COUNTY OF PINELLAS
The foregoing instrument was acknowledged before me this JL/ day of
,4J I fief", , 2002 by ff (r /<. LA i)/?tJfU , as President of SUN HARBOR
CONDOMINIUM ASSOCIATION, INC., being duly authorized by resolution of the Board of Directors of
said corporation, for the uses and purposes described herein, and is rxJ personally known by me or
who [ ] did provide as identification.
~&/h
My commis . '.
OfFICIAL HOT Y SEAL
...~r;l.'{ PUe~ WILLIAM L JO~NSON
Ol' """ n( '0 CO.....SSIOH NUU8!R
~ >I~"".' ...
~ l' ~ <( CC186190
;..l 'iiii' 0 CO'QSSION EXPIRES
"'11:- O/F\.oQ; t.rt OCT. 26.2002
Notary Public - Stat
Type/print name
THIS IS NOT A SURVEY
THERE MAY Bf:.: ADDITIONAL RESTRICTIONS AFFECTING THIS PROPERTY
THAT MAY BE FOUND IN THE PUBLIC RECORDS OF THIS COUNTY.
THIS LEGAL DESCRIPTION AND SKETCH WAS PREPARED WITHOUT THE
BENEFIT OF A TITLE POLICY.
BEARINGS ARE BASED UPON: Assumed only, not based on record
instruments, nor on field surveyed data.
LEGAL DESCRIPTION:
City of Clearwater, Pinellas County, Florida
A strip of land 50.00 feet wide, being a portion of that certain submerged land lying within
Fractional Section 8, Township 29 South, Range 15 East, Pinel/as County, Florida, lying
25.00 feet each side of the following described line:
Comrnence at the Northeast corner of Coral Motel, A Condominium as recorded In
Condominium Plat Book 42, page 114 of the public records of Pinel/as County, Florida;
thence 589-09'28"E, along the Easterly extension of the North boundary of said Coral Motel,
A Condominium, for 38.55 feet more or less to the point of intersection with a proposed
location of a new force main; thence along said proposed location of a new force main the
following three (3) courses; (1) thence 542-38'11 "E, for 30.59 feet to the point of
curvature concave to the southwest; (2) thence Southerly along the arc of said curve having
a radius of 1 600.00 feet, a central angle of 5.17'41 I), an arc length of 147.85 feet and a
chord bearing of 539.59'21 "E, 147.80 feet to the point of intersection with the Easterly
extension of the Northerly boundary of Sun Harbor Condominiums os recorded in
Condominium Plat Book 76, page 90 of the public records of Pinellas County, FloridoJ same
being the POINT OF BEGINNING; (3) thence continue Southerly along the arc of said curve
having a radius of 1600.00 feet, a central angle of 5"14'521)" an arc length of 146.55 feet
and a chord bearing S34- 43'04"[, 146.59 feet to the point of intersection with the Easterly
extension of the Southerly boundary of said Sun Harbor Condominiums, same being the
POINT OF TERMINUS. The sidelines of said strip of land 50.00 feet wide to be shortened or
lengthened to begin at aforesaid Easterly extension of the Northerly boundary and terminate
at said Easterly extension of the Southerly boundary. .
12/18/2001 SKA.
PREPARED FOR:
SHEET DESCRIPnoo:
The
Legal
of C I e a rw ate r EXHIBIT "A"- PG. 1 OF 2
Description and Sketch: Area 5
Cit
SCALE:' 0,\ TE:
N/ A 12/18/2001
I JOe No.:
00083-021.03
I
ORA~:
CHECKED:
QC:
SKA
SEcnON:
8
SKA
TO~SHIP:
29 S
RMP
RANGE:
15 E
PREP ARm BY:
TBE GROUP, INC.
Engineers.PlanntJrs'Subsurface Utility engineers.
Surveyors and Mappers
360 Park Place Blvd, Suit. 300,
Claarwat.r. Florida 33759
T.I'Fhane (727) ~3:-3505. Foe.lml'. (7271
539-1294
Certificate at Authorization: LB G6GS
Slate of Florida
NOT VAUD WITHOUT THE SIGNA1URE AND
THE ORIGINAL RAISED SEAL OF A FLORIDA
LICENSED SURVEYOR AND MAPPER.
DATE SIGNED: I). /; C.;;(.~y
~ .' I / 'J
J .. '.,.' -'#~
~..~''''I/ // 6
_0 ': .....-- / f.-. t.t..z Jlt.-
SCOTT K. ACKER
PROFESSIONAL SURVEYOR AND MAPPER
LICENSE NUMBER LS 6045 STATE OF FLORIDA
Sheet -L of _ 2
) '., ".; ",....~ -:' ~ _' " .J~,l':.".." ,.(...... ,".~' ,'/.', ....p~ :. ,~.~ .,"'.." '. ~~.. ., .....'...~. '..' : I~".~'''~~~ ;'l,.~,,~.. '.. ::j.,..... ~,,':tjJ......
_ A
---
THIS IS NOT A SURVEY
THERE MAYBE ADDI TIONAL RESTRICTIONS AFFECTING THIS PROPERTY
THA T MAYBE FOUND IN THE PUBLIC RECORDS OF THIS COUNTY.
THIS LEGAL DESCRIPTION AND SKETCH WAS PREPARED WITHOUT THE
BENEFIT OF A TITLE POLICY.
BEARINGS ARE BASED UPON: Assumed only, not based on record
instrumen ts, nor on field surveyed data.
City of Clearwater, Pinellas County, Florida
~
....
-
CURVE
C1
C2
RADIUS
1600.00'
1600.00'
CURVE TABLE
ARC LENGTH DELTA CHORD BEARING
147.85' 5'17'41" S39'59'21"E
146.55' 5'14'52" S34'43'04"E
CHORD
147.80'
146.49'
o 100 200
r -<_,.,..,J"- "
400
--LI
-'
POB, POINT OF
INTERSECTION
WITH THE
EASTERLY
EXTENSION OF
THE NORTHERLY
BNDY
S42'38'11"E
30.59'
WESTERLY
BOUNDARY CLEARWA TER
OF TIFF POT, POINT OF HARBOR
DEED INTERSECTION
NO. WITH THE
17,327 EASTERLY
EXTENSION OF
THE SOUTHERLY
BNDY
2~.,lO'
\
/ PROPOSED LOCA nON
OF NEW FORCE MAIN . \ PROPOSED LOCA nON OF
/ ~f""s~ NEW fORCE .MAIN CLEARWA TER
O,c- ~Ats,-9(;.. HARBOR
//~~S~ 6'~gt~~(:~ ABBREVIATIONS:
s,0,c- ~Ats:(;" BNDY= BOUNDARY
6'At~u~':- o~ CPB= CONDOMINIUM PLAT BOOK
r -9( r OR= OFFICIAL RECORDS BOOK
PG= PAGE
POB= POINT OF BEGINNING
POC= POINT OF COMMENCEMENT
POT- POINT OF TERMINUS
llFF= TRUSTEES OF THE INTERNAL
IMPROVEMENT FUND. STATE OF flORIDA
PRE?ARED FOR:
The
Legal
of Clearwater EXHIBITtlA"-PG.20F2
Description and Sketch: Area 5
Cit
SHEET DESCRlPllON:
. SCALE: DATE: DRA~: CHECKED: QC:
1" = 200' 12/18/2001 SKA SKA RMP
JOB No,: SECllON: TO'MiSHIP: RANGE:
00083- 021. 03 8 29 S 15 E
PREP ARm BY:
TBE GROUP, INC.
~ngineers. Plannt1rs' SubsurfacfJ Utility En gineers .
Surveyors and Mappers
380 Pork Place Blvd. Suit. 300,
Clearwat.r, Florida 337~9
r.l.phon. (121) ~31-3505. Foc.lmll. (727)
539-1294
C.rtltlcot. ot Authorization: LB 6660
Slot. ot Florida
NOT VALID WITHOUT THE SIGNATURE AND
1HE ORIGINAL RAISED SEAL OF A FLORIDA
LICENSED SURVEYOR AN~ ~PPER,
DATE SIGNED: I).. /i(.#t/J..cr.'Y
'1 "-- I
I ..'~ "'/::.- .. "' I /!
_._Wt';./'~.~:::- C~/ii/
SCOTT K, ACKER
PROFESSIONAL SURVEYOR AND MAPPER
LICENSE NUMBER LS 6045 STATE OF FLORIDA
Sheet 2 of 2
. , . ~ . . , " t . ~ ".' , 4" . . , . Ii . I"" < . . . . . ,> . I ' ' ....,..
. ,
/tDE 2-
~~
Prpp:'lrf>d hy P. rplllm In'
Earl Barrelt
Engineering Department
City of Clearwater
P. O. Bo)( 4748
Clearwater, FI, 33758-4748
I SUBMERGED LANDS E A S E MEN T
FOR AND IN CONSIDERATION of the sum of One Dollar ($1.00) cash in hand paid to her the
receipt of which is hereby acknowledged, and the benefits to be derived therefrom,
Paschoalina C. Potter, a single woman
C/O A. M. Hornsby
P. O. Box 2535, Salisbury, Maryland 21802-2535
(herein IlGrantor") does hereby grant and convey to the CITY OF CLEARWATER, FLORIDA (herein,
IIGrantee"), an easement over, under and across the following described submerged land, lying and being
situate in the County of Pinellas, State of Florida, to-wit:
A strip of land 50 feet wide, being a portion of that certain submerged land lying
within Fractional Section 8, Township 29 South, Range 15 East, Pinellas County,
Florida, as more particularly described and depicted in EXHIBIT "A" appended
hereto and made a part hereof.
Grantor conveys this easement to Grantee for the installation of a submerged sanitary force main
to be utilized for the benefit of Grantee and its public utility sewer system.
The CITY OF CLEARWATER, FLORIDA, shall have the right to enter upon the above described '
easement premises and to construct, install and maintain therein said submerged sanitary force main and
related facilities, and to inspect and alter such force main and facilities from time to time.
Grantor hereby warrants and covenants (a) that Grantor is the owner of the fee simple estate in
and to the premises in which the above-described easement is located; (b) that Grantor has full right and
lawful authority to grant and convey this easement to Grantee and, (c) that Grantee shall have quiet and
peaceful possession, use and enjoyment of this easement. I~II obligations and benefits, both explicit and
implied, together with the covenants, terms, provisions and conditions herein contained shall inure and
extend to, and be obligatory upon the successors and assigns of the respective parties.
The easement herein granted, the covenants and restrictions hereby imposed, shall be
easements, restrictions and covenants running with the land, intended where appropriate to bind the
Grantor's property and to benefit the Grantee until such time as the use of the easement premises is
abandoned by Granteel or upon termination by mutual agreement of the parties. Each person, firm or
entity accepting a conveyance of the Grantor's property or any portion thereof, shall be bound by the
terms, provisions and conditions of this Grant of Easement, as if said person, firm or entity were original
parties hereto.
, . ~ . ~ ... . ,,' , " . ~ I .~" ~ .' ~', . : " ..
Page 2 - Submerged Lands Easement
Grantor: Paschoalina C. Potter
Grantee: City of Clearwater, Florida
IN WITNESS WHEREOF, the GRANTOR has caused these presents to be duly executed this
,~ -rh day of K1 ~r .11 , 2002.
Signed, sealed and delivered
in the presence of:
~~
WI ESS ~ j
...;JJi,jI:;/ S. wI~ 'AliA
Witness' Printed Signature r r
b~~~ ~
Paschoalina C. otter
STATE OF FLof2.t OA
COUNTYOF PINEl..LAS
The foregoing instrument was acknowledged before me this f 2. ~ day of A~ke(,H ,
2002 by Paschoalina C. Potter, a single woman, who acknowledges that she did execute the foregoing
instrument for the uses and purposes described therein. and who is [ ] personally known to me, or who
[~did provide R... {D t!=. P3fJ,O-to1S- 32-l.o3S.--0 as identification.
()^ &.n'o '11.s132-
-D.-tLt~~1. ~~ My commission expires:
Notary Public - State of fi.Df2..1 oA
: S5
Type/print name i20lSEYlrA- L. 6L.\Js.~\ .
. ',r~'~"A~
. I'THIS IS Nor A SURVEY
THCRE MAYBE ADDITiONf\L RESTRICTIONS AFFECTING THIS PROPERTY
THA T MAY BE FOUND IN THE PUBLIC RECORDS OF THIS COUN T'(.
THIS LEGAL DESCRIPTION AND SKETCH WAS PREPARED WITHOUT THE
BENEFIT OF A TITLE POLICY.
BEARINGS ARE BASED uPON: Assumed only. not based on record
instrumen ts, nor on field surveyed data.
City of Clearwater, Pinel/as County, Florida
LEGAL DESCRIPTION:
A strip of land 50.00 feet wide, being a portion of that certain submerged land lying within
Fractional Section 8, Township 29 South, Range 1 ~ East, Pinellas County, Florida, lying
25.00 feet each side of the following described line:
Commence at the Northeast corner of Coral Motel, A Condominium as recorded in
Condominium Plat Book 42, page 114 of the public records of Pinel/as County, Florida;
thence S89.09'28"E, along the Easterly extension of the North boundary of said Coral Motel,
A Condominium, for 38.55 feet more or less to the point of intersection with a proposed
location of a new force main; thence along said proposed location of a new force main the
following four (4) courses; (1) thence S42"38'11"E, for 30.59 feet to the point of curvature
concave to the southwest; (2) thence Southerly along the arc of said curve having a radius
of 1600.00 feet, a central angle of 12"41'13", an arc length of 354.29 feet and a chord
bearing S36.17' 34"E, 353.57 feet to the point of tangency; (3) thence S29-56'58 "E, for
148.90 feet to the point of in~.ej"section with the Easterly extension of the Northerly
boundary of that certain prop~r~y as described in Official Records Book 6232, page 1161 of
the public records of Pinellas County, Florida, same being the POINT OF BEGINNING; (4)
thence continue S29-S6'58"E, for 1.29 feet more or less to the point of intersection with
the Westerly boundary of that certain property as described in Trustees of the Internal
Improvement Fund of the State of Florida (TIFF) deed number 17,327 dated October 1,
1925, same being the POINT OF TERMINUS. The sidelines of said strip of land- 50.00 feet.
wide to be shortened or lengthened to begin at aforesaid Easterly extension of the Northerly
boundary and terminate at said Westerly boundary.
12/17/2001 SKA.
PREPARED FOR:
of CI earw a ter EXHIBIT uA"_ PG. 1 OF 2
and Sketch: Area 2
Th e C it
Legal Description
SHEET DESCRIPTION:
DATE: CRAv.N:
12/1 7/2001 SKA
SEC11ON:
8
CHEO<ED:
QC:
SCALE:
N/A
NOT 'lAUD ....1THOUT THE SiGNATURE AND
THE ORIGINAL RAI5'::D SEAL Of A FLORIDA
UCENS~:.J SURVEYO:~:D M~PPER.
DATE SIGNED: {J .~Jvl).tZf
1 - 7
~ . 1
~ .~ ~./
._' ~/" /~ {~dv.
SCOTT K. ACKER
PROFESSIONAL SURVEYOR AND MAPPER
LICENSE NUMBER LS 6045 STATE OF FLORIDA
SKA
TOYlNSHIP:
29 S
RMP
RANGe
15 E
JOB No.:
00083-021.03
PREP ARED BY:
TBE GROUP, INC.
enginettrs.Planners.SubsurfaC6 Utility engineers.
Surveyors and Mappers
390 Pork Place Blvd. SuIte 30e.
Clearwot,r, FlorIda 331S9
relophon. (7Z1) ~31-J~O~, Foe.lmlle (1Z7)
539-1294
Certl Ilcal. 01 Authorllation: La 6666
Slol. 01 Florida
I
Sh eet ~ of --LJ
CLEARWA TER
HARBOR
POT, POINT OF
INTERSECTION THE
WESTERLY BOUNDARY
OF TIFF DEED NO.
i 17,327
ABBREVIA TIONS:
BNDY= BOUNDARY
crB= CONDOMINIUM PLAT BOOK
L=ARC DISTANCE
/ OR= OFFICIAL RECORDS BOOK
/ PG= PAGE
/ POB= POINT OF BEGINNING
/ POC= POINT OF COMMENCEMENT
POT= POINT OF TERMINUS
R= RADIUS
,:r R/W= RIGHT-OF-WAY .
I S / TIFF= TRUSTEES OF THE INTERNAL IMPROVEMENT FUND, STATE OF FLORIDA
/ ~ /A= G~~AL ANGLE (DELTA) /
" i \": '..~.. . ~ ,;,~., " ~" .... ...... " '.. '~ . , . "1 ! . .
r==:: .:..::., .
. r THIS IS NOT A SURVEY
THl!RE MAY BE ADDITIONAL RESTRICTIONS AFFECTING THIS PROPERTY
THA T MAY BE FOUND IN THE PUBLIC RECORDS OF THIS COUNTY.
THIS LEGAL DESCRIPTION AND SKETCH WAS PREPARED WITHOUT THE
BENEFIT OF A TITLE POLICY.
BEARINGS ARE BASED UPON: Assumed only, not based on record
instruments, nor on field surveyed data.
~
S29.56'58"E
1.29':1:
o
100
200
POB, POINT OF
INTERSECTION
WITH THE
EASTERLY
EXTEN SIGN OF
THE NORTHERLY
BNDY
~
~---
~
PCC. NE
CORNER,
CPB 42,
PG 114
529'56'58"E
148.90'
PROPOSED LOCATION OF
NEW FORCE MAIN.
PREPARED FOR:
City of Clearwater, Pinellas County, Florida
400
-4
PROPOSED LOCATION OF
NEW FORCE MAIN
r 25.00~
\,
CLEARWA TER
HARBOR
~'
oq.
~ Ii? (0
.:;j~ .:?!
Sd='~
.l... ~ !!t fa'
>-I"N
!ff~!2
~G-jo'
~~~
~gC:l
J't;:'~
...
Th e Cit
Legal Description
of Clearwater EXHIBIT"A"-PG.20F2
an d Sketch: Area 2
SHEET DESCRIPl1ON:
SCALE: DATE: DRA~:
1" = 200' 12/17/2001 SKA
JOB No.: SECTION:
00083-021.03 8
CHECKED:
QC:
RMP
RANCE:
15 E
NOT VALID \\HHOUT THE SIGNATURE AND
THE ORIGiN.A.L RAISED SEAL OF A FLORIDA
LICENSED SURVEYOR ADM PPER.
SKA
TOYlNSHIP:
29 S
PRtP ARm BY:
TBE G ROUP, INC.
Engrne8r$.Planners. Subsurface Utility Engineers.
Surwyors and Mappers
380 P~rk Place Blvd, Suite 300,
Cllar~at.r, Florida 33759
T.lephone (7n) ~31-3~05, Facllmlle (72.7)
~39-1294
C.r~ltl~a:. ot .\ulllorlzatlon: LB GQ6El
Stat. 01 ~lorl~a
DA TEb~~GNED-;{:: ))~ )r.i7/
I . ,.1
- .,'/
~ .~ a;/6./
SCOTT K. ACKER
PROFESSIONAL SURVEYOR AND MAPPER
LICENSE NUMBER L5 6045 5T ATE OF FLORIDA
Sheet -L of 2
...... . ..... ...., ....., '. o. '.~_,,'''.; " '.:: .:..':,'!:~ f :....~:......,..
. .
,.
i>
ITEM #
,.
; .
~.: ..
., -
, :;.
;J. L/9:J-
. ." '.~" ,-,"~' ',.,:..' '.".,' " '.",\. ,,:Jf_~~"I;-~..' ... '"I" 'I,.; '," <:.\ ~ V'~ 1,., -":,- ~.~ ...1'W'-~'II'<'~"":""\:Jo '.~ ~:~'~! ",,':.~1';:.',;-~ 'f-.......:..:'.t;.~..'....~~,t..'-,l ..r-..:.: . . ir ", :"', ~
Clearwater City Commission
Agenda Cover Memorandum
of her C.A :c ~ern -I
aIO
Final Agenda Itl'nl If
Meeting Date: ~ - 18. D L
SUBJECT/RECOMMENDATION: Authorize City Officials to execute and deliver a Termination and
Release of Reverter regarding potential City of Clearwater (the "City") interest in the Oak Cove and
Oak Bluff buildings.
D and that the appropriate officials be authorized to execute same.
SUMMARY:
. In April, 1989, the City participated as a secondary lender in a pool loan program sponsored
by the City of Gulf Breeze, Florida (the "Sponsor"), which was funded with the proceeds of the
Sponsor's $100,000,000 Local Government Loan Program Floating Rate Demand Revenue
Bonds, Series 1985C (the lIGulf Breeze Bonds"). A portion of the proceeds of the Gulf Breeze
Bonds was loaned to the City, who through a Series C Secondary Loan Agreement dated as
of April 1, 1989 (the "Secondary Loan Agreement") loaned such proceeds to two (2) Florida
not-for-profit corporations, namely Oaks of Clearwater, Inc. and Baptist Estates of Florida, Inc.
. Pursuant to the terms of the Secondary Loan Agreement, the City made a loan to Oaks of
Clearwater, Inc. and Baptist Estates of Florida, Inc. in the initial aggregate principal amount of
$27,275,000, with each loan represented by separate notes secured by FHA insured
mortgages. The loan to the Oaks of Clearwater, Inc. was referred to in the Secondary Loan
Agreement as the "Mortgage Loan" and the loan to Baptist Estates of Florida, Inc. was
referred to as the "Nursing Home Loan".
. As part of the consideration for such loans, the Secondary Loan Agreement granted to the City
the right to require the transfer and conveyance of the refinanced projects, consisting of the
Oak Cove and Oak Bluff buildings to the City. As a condition to this transfer, the City would
first have to pay the applicable "purchase option price," which equaled the principal and
interest then due and accrued on the Gulf Breeze Bonds allocable to the 10cin, the Mortgage
Loan, the Nursing Home Loan and any amounts due under the letter of credit agreements
securing the Gulf Breeze Bonds.
. The Oak Cove and Oak Bluff buildings were each subject to a condominium regime wherein
the second floor of each building was owned by Baptist Estates of Florida, Inc. and operated
as a licensed skilled nursing home facility t and the remaining floors in each building were
owned by the Oaks of Clearwater, Inc. who operated such floors as an assisted living facility.
In June of 1991, the Circuit Court for Pine lias County in Case No. 89-19429-07, issued an
Order declaring that the properties owned by Baptist Estates of Florida, Inc. and the Oaks of
Clearwater, Inc., namely the Oak Cove and Oak Bluff buildings, were not subject to ad
Reviewed bY'Ju.. Originati ' 0 pt: Costs
legal Info Tech Legal ,
NA ~ Total
Budget NA Public Works NA User Dept. Funding Source:
Purchasing NA DCM/ACM \An.A CJpillllllllprovl'rn"1I1 Current Fiscal Year
Risk Mgmt NA Other NA Attachments Op,'r.llilll:
Finance Olllt'r
Appropriation Code:
o None
Rev. 2/98
.'. ,.. ..',.',. '., ,'~~~. .: 'I :.... {Ii,' . -.",".,1,. :." '.~, ~ '._ .' '. ."." ,"~: i..,;:;-'''' ~~ _ . t,t." ..'; ..,~':.-~l'~" . ,,' \':' ';',;:..'\, '~>i: ....1.:. ;""..' ......i
valorem taxation since these properties were deemed to have been acquired and held by
Baptist Estates of Florida, Inc. and Oaks of Clearwater, Inc. on behalf of the City in
accordance with an agreement by which the properties would revert to the City. Although the
Court may have misconstrued the terms of the agreement in reaching its conclusions, the
agreement referred to by the Court in its Order was the Secondary Loan Agreement.
. In the early 1990's, both the Mortgage Loan and the Nursing Home Loan went into default,
and since such loans were insured through the Federal Housing Administration (FHA) and the
Government National Mortgage Association (GNMA), the principal and accrued interest on the
loans were prepaid with the proceeds of the GNMA mortgage insurance to the Trustee for the
Gulf Breeze Bonds. As a result, the Gulf Breeze Bonds relating to the City's loan pursuant to
the Secondary Loan Agreement were paid and redeemed in the early 1990's.
. Notwithstanding the payment of the Gulf Breeze Bonds, the underlying FHA insured
mortgages remained outstanding and unpaid. Through the mid-1990's, the City and its
counsel cooperated with FHA in various attempts to work out the loan defaults. Unfortunately,
such work out programs were not successful.
. In the late 1990's, FHA sold the underlying Mortgage Loan and Nursing Home Loan and their
corresponding mortgages within a pool of other FHA insured defaulted loans in an auction sale
Beale Bank, Dallas, Texas. In 1998 and 1999, the City participated with BEF, Inc., the
successor by merger to both Oaks of Clearwater, Inc. and Baptist Estates of Florida, Inc., in its
efforts to refinance the Oak Cove and Oak Bluff buildings and satisfy the underlying FHA
mortgages now owned by Beale Bank. The tax exempt refinancing efforts ceased at the end
of 1999, but BEF and its financial advisors continued to seek a conventional refinancing
throughout 2000 and 2001. These efforts resulted in a sale of the Oak Cove building to the
Church of Scientology in late December 2001. As part of that sale transaction, BEF and 8eaie
Bank first consolidated both the Mortgage Loan and Nursing Home Loan into a single
consolidated mortgage loan, and then bifurcated that mortgage into two mortgages, one
secured by the Oak Bluff building which is still owned by BEF and one secured by the Oak
Cove building which was then sold to the Church of Scientology. As part of tile sale of the
Oak Cove building, the buyer paid off and satisfied the restated consolidated mortgage debt to
Beale Bank, which encumbered the Oak Cove building. In conjunction with the sale of the
Oak Cove building to the Church of Scientology, the BEF consolidated mortgage note to Beale
Bank was again restated resulting in a $10,000,000 first mortgage note to Beale Bank with a
$25,000,000 second mortgage note to a private individual.
. The reverter rights granted by the Secondary Loan Agreement to the City entitled the City to
acquire ownership of the properties owned by BEF (the successor to Baptist Estates of
Florida, Inc. and Oaks of Clearwater, Inc.), upon the payment in full of the original outstanding
FHA insured mortgage debt. Since the FHA insured mortgage debt has been in default since
the early 90's, it has continued to accrue interest which has generally remained unpaid over
the years resulting in a total debt on these properties far in excess of their fair market value.
. With the sale of the Oak Cove building to the Church and a release and satisfaction of the
2
.. . - 4' . ~'. .' '. .'.: -,,:.., ;"
. .... a _- ,
. ~ . . >..4 _ ." I . . I ' " ' ..' , ~ r',
FHA mortgage note in conjunction with such sale, the City's rights to exercise its reverter in
relationship to the Oak Cove building effectively terminated in December 2001. However, a
cloud on the title may still exist as a result of the final judgment entered in 1991 by the Circuit
Court in Pinellas County.
. The City's reversionary rights to the Oak Bluff building mayor may not remain viable and
enforceable following the various restatements of the original FHA mortgage. Even if such
reverter rights currently exist, the cost of exercising that right (at a minimum of $35,000,000)
far exceeds the appraised value on the Oak Bluff building.
. Although the City does not have a current appraisal on the Oak Bluff building, the appraisals
done in 1999 in conjunction with the refinancing reflected an approximate range in fair market
value of the Oak Bluff building of between $7,000,000 and $12,000,000. In order to remove a
potential cloud on the titles to both the Oak Cove and Oak Bluff buildings, and to remove the
final vestiges of the City's involvement with these properties, it is necessary to terminate and
release any remaining rights of the City to cause a reversion of either building to City
ownership.
. Authorizing the execution and delivery of the Termination and Release of Reverter would
completely remove the City's involvement in the two buildings. Although the Oak Cove
building has been placed back on the tax rolls as a result of the sale to the Church and
satisfaction of the underlying mortgages, it is uncertain whether the Oak Bluff building remains
exempt from local ad valorem taxation. Removing the City's right of reverter would elilninate
the historical basis for exemption of that property from the ad valorem tax rolls.
3
PRELIMINARY AGENDA
Clearwater City Commission Work Session - 9:00 A.M. - Monday, April 15, 2002
Service Awards
Convene as Pension Trustees:
1. Call to Order
2. Approval of Minutes: 03/1 8/02
3. Request for acceptance into membership: Kim Peterson, Raymond Galluccio, Melanie
Kindred, Lance Kielich, Edward Lear, Robert Russell, and Ronald Francis
4. Regular Pension(s) to be granted: Charles J. Dunn, Jr., Charles Flowers, Patricia Buzek,
and Thomas Walbolt
5. Pension(s) to be vested: Carla Collins
6. Other Business
7. Adjourn
Reconvene Work Session
PUR PURCHASING
. 1. Purchase compactor containers during the contract period May 1, 2002 thru April 30,
2003 for $80,000. (SW)
. 2. Service contract for grounds maintenance during the contract period May 1, 2002 thru
April 30, 2003 for $71 ,524. (PR)
3. Work order for preliminary design report for the force main and gravity sewer
improvements, phase I for $96,760. (PW)
4. Work order for short term storm water management plan, phase I for $88,920. (PW)
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LIB LIBRARY
1. Approve construction authorization for the new Main Library to Turner Construction
Company in an amount not to exceed $1,466,426.
MR MARINE /AVIATION
1. Approve release of funds from the Marina enterprise fund, in the amount of $50,000, for
Clearwater Marina Aquarium improvements. (Consent)
2. Approve the transfer of $74,000 of funds from Recr~ation Facility Impact Fees collected on
Sand Key by Parks and Recreation, into a new CIP for improvements at the Clearwater
Community Sailing Center and to increase security at the Sand Key Beach to the North of
the Sailing Center. (Consent)
PO POLICE
1. Approve agreement in the amount of $26,400 with Pinellas Cares, Inc. for provision of a
Homeless Shelter Bed Hotline. (Consent)
PR PARKS AND RECREATION
1. No Item
2. Approve an Amendatory Agreement between the City of Clearwater and the Philadelphia
Phillies which will modify and amend the Agreement for Development, Sports Facility Use
Agreement and Baseball Training Facility Lease Agreement to reflect the change in primary
location for the complex and timeline for project events. (Consent)
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PW PUBLIC WORKS
1. Approve a work order for consultant services in the amount of $67,995 to Parsons
Engineering Science, Inc. for preparation of construction plans and permitting for the
Bayshore Blvd. @ S.R. 60 intersection. (Consent)
2. Approve the final plat for Belcher and Nursery Development located in the Southeast
corner of Belcher Road and Nursery Road. (Consent)
3. Approve the final plat for Colonial Village Park located along the East side of McMullen-
Booth Road and approximately 0.26 miles South of Drew Street. (Consent)
4. Approve the Local Agency Program (LAP) Supplemental Agreement with the Florida
Department of Transportation (FDOT) for the Clearwater Beach West Bridge/Spur
Connector construction phase, in the amount of $3,006,562.
PlD PLANNING
1. Public Hearing & First Reading Ord #6950-02, 6951-02, 6952-02 - Annexation, land Use
Plan and Zoning Atlas Amendments for 3010 Grandview Avenue (Kapok Terrace, lot 11 and a
portion of Lot 12, in Section 09-29S-16E) (Thao & Vui Nguyen) ANX 02-01-01
2. Public Hearing & First Reading Ord #6953-02 - Zoning Atlas Amendment for 101 South
Old Coachman Road (Post Court, Lot 1 less the Northerly 920 ft, in Section 18-29S-16E) (Post
Court / Keith Bricklemyer) Z 02-01-01
3. Community Development Code Amendments
ClK CITY CLERK
1. Elect a commissioner to serve as Vice-Mayor.
2. Two (2) Enterprise Zone Development Agency Vacant Seat Appointments (one applicant)
CA lEGAL DEPARTMENT
1. Authorize the sale of property known as the Atrium of BSF 11I-8 LLC to the Wilder
Corporation and authorize execution of a consent to this sale. (Consent)
Second Reading Ordinances
1. Ord #6918-02, revising Appendix A, 50/0 increase in Occupational License Fees, Code of
Ordinances.
2. Ord # 6984-02 approving new gas utility rates to become effective for all billings on or
after May 1, 2002.
Agreements, Deeds and E~sements
1. Submerged Lands Easement - Sun Harbor Condominium Association, Inc.
2. Submerged Lands Easement - Paschoalina C. Potter
Other City Attorney Items
1. Authorize City Officials to execute and deliver a Termination and Release of Reverter
regarding potential City of Clearwater interest in the Oak Cove and Oak Bluffs buildings.
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City Manager Verbal Reports
Commission Discussion Items
1. Cabana Club Status
Presentation(s) for Thursday Night
1. EAB - Environmental Service Award to Parks and Recreation and Urban Forestry.
Adjourn
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