11/08/1993
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AGENDA
DATE
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ACTION AGENDA - CLEARWATER CITY COMMISSION MEETING - Mon., Nov. 8,1993 (6:00 P.M.)
Welcome. We are glad to have you join us. If you wish to speak please wait to be recognized, then
state your name and address. Persons speaking before the City Commission on other than Public
Hearing items shall be limited to 3 minutes. No person shall speak more than once on the same
subject unless granted permission by the City Commission.
1 .
2.
3.
4.
5.
6.
Pledge of Allegiance
Invocation
Service Awards
Introductions and Awards
Presentati ons
Minutes of Regular Meeting October 21,
1993 & September 14, 1993
1. Mayor.
2. William C. Baker.
3. None.
4. Citations of Appreciation presented to
Winfred A. Infinger for service on the
Neighborhood Advisory Committee and
Kenneth G. Hamilton for service on the
Planning and Zoning Board.
5. None.
6. Approved 9/14/93 as submitted; Continued
10/21/93.
Not Before 6:00 P.M. - Scheduled Public Hearings
(5) Comments in support and in opposition: (a)
individual (3 minutes); (b) spokesperson for
groups (10 minutes).
(6) Commission questions.
(7) Rebuttal by opposition (5 minutes).
(8) Final rebuttal by applicant or representative
(5 minutes).
PUBLIC HEARINGS
(1 )
(2)
Presentation of issues by City staff.
Statement of case by applicant or
representative (5 minutes).
Statement of case by opposition (5
minutes) .
Commission questions.
(3)
(4)
7. Public Hearing & First Reading Ord. #5489-
93 - Vacating south 1.5' of the northerly
10' drainage & utility easement lying in Lot
197, Woodgate of Countryside Unit One
(Gantley V93-12)(PW)
8. Public Hearing & First Reading Ords.
#5483-93, #5484-93 & #5485-93 -
Annexation, Land Use Plan Amendment to
Commercial General for Parcel A and to
Residential/Office/Retail for Parcel Band CG
Zoning for both parcels, for property
located at 2391 7 US 1 9 N, Parcel A - Hill-
Top Sub., part of Lot 7, Parcel B - Ehle
Sub., part of Lot 1 (U-Haul of West Coast
of Florida A93-22, LUP93-30)(CP) To be
Cont. to 11/18/93
11/8/93
7. Approved. Ord. #5489-93 passed 1 st
reading.
8. Continued to 11/18/93.
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9. (Cont. from 6/3/93) Public Hearing & First
Reading Ord. #5398-93 - IL Zoning for
property, Parcels A & B, located at 508-
602 N. Garden Ave., Parcel A - Nicholson &
Sloan's Addition, Lots 7 & part of 8; Parcel
B - Nicholson & Sloan's Addition, Lot 9 and
part of Lot 8 and Bidwell's Oakwood
Addition, Lot 29 & 30, approx. 1.12 acres
(Bilgutay Z93-04)(CP)
10. No item.
11. (Cont. from 10/7/93) Public Hearing & First
Reading Ord. #5460-93 - LDCA amending
Sees. 44.08 & 44.54, to allow temporary
signs under certain circumstances CCP)
12. Final Site Plan and Second ReadinQ - Ord.
#5465-93 - Land Use Plan Amendment to
Institutional for property located in
Westover Sub., Blk B, Lots 3-11, 15 & 16;
Second Reading - Ord. #5466-93 -
Public/Semi-Public Planned Development
District Zoning for property located at
1260-1266 Bay Parkway, 300-322 Watkins
Rd., 317 Pinellas St., Westover Sub., Blk B,
Lots 3-11, 15 & 16, Parcel A, AND 1263
Waters Ave. and 301-309 Pinellas St.,
Westover Sub., Blk B, Lots 12-14 and
Barnes Sub., Lot 4, Parcel B, 2.21 acres
m.o.1. (Morton Plant Hospital Association,
Inc., LUP93-28, 293-11)
13. Continued.
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9. Approved. Ord. #5398-93 passed 1 st
reading.
10. No item.
11. Approved. Ord. #5460-93 passed 1 st
reading.
12. Approved final site plan subject to
conditions; Approved Land Use Plan &
Zoning amendments; Ords. #5465-93 &
#5466-93 adopted.
Public Hearing - Second Reading Ordinances
13. Ord. #5374-93 - Land Use Plan
Amendment to Commercial General for
property located at 2339 Gulf to Bay Blvd.,
Sec. 18-29-16, M&B 31.071, approx. 0.64
acres m.o.1. (Lokey Oldsmobile, Inc.,
'LUP93-12) To be Cant.
14. Ord. #5375-93 - CG Zoning for property
located at 2339 Gulf to Bay Blvd., Sec. 18-
29-16, M&B 31.071, approx. 0.64 acres
m.o.1. (Lokey Oldsmobile, Inc., 293-03) To
be Cant.
15. Ord. #5461-93 - Land Use Plan
Amendment for property located at 601,
605 & 607 Orange Ave., Turner's Third
Add., Blk 12, Lot 4, Parcel A, to
Institutional AND 604 & 606 Bay Ave.,
11/8/93
14. Continued.
1 5. Continued.
2
Turner's Third Add., Blk 1 2, part of Lots 1
& 2, Parcel a, to Institutional, 0.50 acres
m.o.\. (Episcopal Church of the Ascension
LUP93-26)
16. Ord. #5462-93 - Zoning for property 16. Continued.
located at 601, 605 & 607 Orange Ave.,
Turner's Third Add., Blk 12, Lot 4, Parcel
A, to Public/Semi-Public AND 604 & 606
Bay Ave., Turner's Third Add., Blk 12, part
of Lots 1 & 2, Parcel B, to Public/Semi-
Public, 0.50 acres m.o.1. (Episcopal Church
of the Ascension Z93-1 0)
17. Ord. #5473-93 - re: traffic and motor 17. Ord. #5473-93 adopted as amended.
vehicles, amending Sec. 30.057 to increase
overtime parking fine from $5 to $10;
adding new subsec. (9) to Sec. 30.057 to
provide for $5 surcharge on all parking fines
to be used to fund school crossing guard
program
18. Ord. #5474-93 - Annexation for property 18. Ord. #5474-93 adopted.
located at 2088 & 2090 Sunnydale Blvd.,
Clearwater Industrial Park, part of Lot 2
(Sunshine Properties A93-21)
19. Ord. #5475-93 - Land Use Plan 19. Ord. #5475-93 adopted.
Amendment to Industrial Limited for
property located at 2088 & 2090
Sunnydale Blvd., Clearwater Industrial Park,
part of Lot 2 (Sunshine Properties LUP93-
29)
20. Ord. #5476-93 - IL Zoning for property 20. Ord. #5476-93 adopted.
located at 2088 & 2090 Sunnydale Blvd.,
Clearwater Industrial Park, part of Lot 2
(Sunshine Properties A93-21)
21. No item. 21. No Item.
22. Ord. #5486-93 - Amending Sec. 47.1 61 ; 22. Ord. #5486-93 adopted. .
amending certain sections of Standard
Unsafe Building Abatement Code re: unsafe
buildings and systems
23. Ord. #5490-93 - Creating new Article V 23. Ord. #5490-93 adopted as amended.
within Ch. 41 to establish regulations for
adult use establishments
24. Ord. #5491-93 - Providing for regulation of 24. Ord. #5491-93 adopted.
cable television system rates, etc.
25. - Special presentations of widespread public interest - None.
11/8/93
3
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26. - Citizens to be heard re items not on the Agenda
27. Received & Referred.
Anne Garris asked the Commission respond to the EAC's recommendation to notify the Boy Scout
Council of the City's concerns the Lake Chataqua Boy Scout property stay undeveloped and the City
seek funds to purchase this property having right of first refusal. It was noted this issue will be
coming before the council in February for a decision on how not to sell.
Jeff West, manufacturer of LED signs and Vincent Parch, marketer, said complaints have been
received from businesses re these type of signs not being allowed in Clearwater. It was felt this type
of sign compliments the sign ordinance in eliminating visual clutter.
Robert Wriqht expressed concern the Flood Insurance Reform Act could create erosion zones and
urged the Commission to act promptly to defeat this bill. It was indicated a letter has been sent
through the FLC.
CITY MANAGER REPORTS
27. Receipt/Referral - RM-8 Zoning for property
located at 1706 N. Highland Ave., Grove
Circle Sub., Lot 16, 0.31 acres m.o.1.
(Joyce & Leo Smith Z93~ 1 3)(CP)
28. Receipt/Referral - proposed LDCA re: neon
signs and lighting (LDCA 93-15)(CP)
29. No Item.
30. Other Pending Matters
a) Old Clearwater Harbor Bridge Demolition,
(west end), seawall replacement - ratify
City Manager's emergency approval of a
Purchase Order issued to Inter-Bay Marine
Construction Co., Largo, FL, for $30,000
(PW)
28. Received & Referred.
29. No Item.
30. a) Ratified.
CITY ATTORNEY REPORTS
31. First Reading Ordinances
a) Ord. #5492-93 - Relating to offenses,
creating new Sec. 20.05, prohibiting
graffiti, requiring the removal of graffiti
within 3 business days following notice
thereof
b) (Cont. from 10/21/93) DISCUSSION &
Ord. #5482-93 - Relating to newsracks and
vending machines on public r-o-w and on
public and private property; creating Sec.
28.10 regulating location of newsracks and
prohibiting installation and maintenance of
vending machines on public r-o-w, providing
definitions, providing for enforcement and
for relocation and removal under certain
circumstances
11/8/93
31. a) Ord. #5492-93 passed 1 st reading as
amended.
b) Ord. #5482-93 passed 1 st reading.
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c) (Cont. f~om 10/21/93) Ord. #5434-93 -
re: appointive boards & committees of the
City; amending Sections 2.061 through
2.069
d) Ord. #5493-93 - re: DDB, amending Sec.
2.145, relating to freeholders' referendum
elections, to provide for one ballot per
parcel of property rather than one ballot per
owner of property and revising or
eliminating certain obsolete provisions
32. Other City Attorney Items
a) Sidewalk easement - Located in Sec. 10-
29-15 (Alpha & Omega, Inc.)
b) Sidewalk easement - Located in Sec. 13-.
29-15 (Clearwater Lodge #127, F & AM)
c) Bayside Arbors/Seville Blvd.
agreement/amendment of agreement and
grant of limited easements
d) Res. #93-67 - rescinding Res. #93-27
which requested Florida Legislature to
revoke charter of Clearwater Downtown
Development Board and dissolve said board
33. City Manager Verbal Reports
a) Magnolia Street Pavilion/Dock - public
opposition
b) request to extend length of time for
CERTF
Item: The City Manager reported on
11/12 papers will be filed in court to
take property for the Clearwater Pass
Bridge. William Baker summarized
attempts made to get the appropriate
parties together to negotiate;
however, these attempts were
unsuccessful.
Item: The City Manager reported
presentations will be made
Wednesday to the Tourist
Development Council to obtain $ 5
million for a convention center.
34. Commission Discussion Items
11/8/93
c) Ord. #5434-93 passed 1 st reading as
amended.
d) Ord. #5493-93 passed 1 st reading.
32. a) Approved.
b) Approved.
c) Approved as amended.
d) Res. #93-67 adopted.
33. a) Direction to go forward. .
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b) Extended time and requesteq
summary report.
34. None..
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35. Other Commission Action
Mavor Garvey said a request has
been received from Shirley Moran
requesting a waiver of liability
insurance. Staff to check on
specifics and agenda for 11/15.
City Attornev asked direction re tree
removal at Plumb Elementary School.
Direction given to notify School Board
to meet with them. City Manager
said school on Landmark Drive being
considered again and may give
leverage to City in negotiations.
Deegan asked status Sun Bank
Building and City Attorney responded
closing in escrow could be 11/29 or
sooner.
36. Adjournment
36. 1 :33 a.m. (11/9/93)
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TO:
Mayor Garvey
FROM:
Sally Thomas, Agenda Clerk
SUBJECT:
Invocation
COPIES:
Cynthia Goudeau, City Clerk
DATE:
November 8, 1993
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C I T Y OF C LEA R W ATE R
Interdepartmental Correspondence
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No minister will be present this evening.
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.TO:
Mayor Rita Garvey
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FROi\1:
Betty J. Blunt, Confidential Clerk Receptionist
COPIES:
City Commissioners, Michael \Vright, Cyndie Goudeau
SUBJECT:
Presentations at the November 8, 1993 City Commission 11eeting
The following presentations will be made at the November 8, 1993 City Commission
meeting.
KE1\TNETH I-IA1\1ILTON, 1\1embCl. of Planning and Zoning Bomod
WINFRED INFINGER, Member of The Neighborhood Advisory Committee
DATE:
November 8, 1993
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NO SERVICE PINS
CITATION
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AGENDA
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Item #
7
CLEARWATER CITY COMMISSION
Agenda Cover Memorandum
Meeting Date
II /7t /13
SUBJECT: Vacation Request 93-12 ( Gantley )
RECOMMENDATION/MOTION: Approve the vacation of the South 1.5 feet of the
Northerly 10 Foot Drainage & utility Easement lying in Lot 197, Woodgate of
Countryside unit One, and pass Ordinance No. 5489-93 on first reading.
BACKGROUND:
The applicant has a pool structure which encroaches approximately 1.4 feet and
the decking another 7.3 feet. The City has no existing utilities within this
easement.
This petition has been reviewed by various City Departments/Divisions concerned
with vacations and there are no objections.
Florida Power, General Telephone and Vision Cable have reviewed this request and
have no objections.
The Public Works Director has reviewed the comments submitted by the reviewing
Departments and recommends this request be approved.
II
'I Originating Dept. I
I Public Works/Engineering I
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J User Dept. ~I
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I Advertised: I
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1 Date: 10{25 & '1/01/93 I
II
:1 Paper: Tampa Tribune
-~I Not required
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'II Affected parties
I notified Yes
I Not required
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I Revi ewed by:
I
I LegaL
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I Budget
I Purchasing
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I RIsk Mgmt.
I
I DIS
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I ACM
I
I Other
I Sutxnitt d by:
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Comuission Action
Funding Source:
Approved
Approved
w/conditions _____
Oenied
N/A
N/A
N/A
N/A
N{A
N/A
N/A
Capt. Imp.
Operating
Other
Cont'd to
Appropriation Code(s)
Attachments:
Application
Ordinance
Location Sketch
N/A
VAC9312.AGN
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Vacation Number 93-12
"Gantley".
V A CAT ION R E QUE S T
PRO C E S 8 I N G 8 H E E T
PLEASE REVIEW THIS VACATION IN TERMS OF YOUR PRESENT USE AND FUTURE NEED
FOR THE PROPERTY. INDICATE YOUR COMMENTS BELOW:
REFERENCE ATLAS SHEET NO 232A/ A-14 SECTION 31 TOWNSHIP 288 RANGE 16E
1. ENGINEERING DJ:[ISION: /f'/" /' I
REVIEWED BY: U<,\\y\c\..,-""-,, APPROVED BY: J..,,/d1;7?(( /2 ~~' D!\TE: ~"'.1ll.-!J.3
COMMENTS: The applicant is requesting th vac ion of the
South 1.5 feet of the North 10 foot aina e & utility
Easement lying in Lot 197, Woodgate of Countryside Unit 1.
The pool encroaches approximately 1.4 feet into the ease~ent
and the decking another 7.3 feet into the existing Drainage &
utility Easement. The City has no existing utilities :within
this Easement. The Engineering Division has no objection to
vacating the South 1.5 feet of the North 10.0 foot Drainage &
utility easement. Florida Power, General Telephone, and
Vision 9able have no objection to this vacation request.
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PLANNING & DEVELOPMENT: A ~I) U
REVIEWED BY: ~Jb.f~t~;~~~~PPROVED BY: /lttlI!! / L.
COMMENTS: _\::;:t.
, ..;..q)
DATE: f1~31
\
NO objection. Zoned RS-8; ~ccording to the attached drawing, the
pool appears to meet the required 5 ft. rear setback (for a
swimming pool).
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BUILDING INSPECTION:
REVIEWED AND APPROVED BY:
COMMENTS:
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DATE: ~/-sll4.,3
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The house was permitted and built in 1973. The pool was permitted and
built in 1975. Building Services has no objection to the vacation request.
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Vacation Number 93-12
"Gantley"
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GAS DEPARTMENT. ~/~ ~
REVIEWED BY:~' l)~~~APPROVED BY:
COMMENTS:
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DATE: 1( /9.3,
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5.
PUBLIC WORKS
REVIEWED AND
COMMENTS:
DIRECTOR: . )-
APPROVED BY: ~~c;~
o.F. ,
DATE: ~/.;/9:r
--------------------------------------------------------------~---
ADVERTISING DATE:
10/25/93
11/08/93
11/:(u193
AND
PUBLIC HEARING DATE:
COMMISSION ACTION:----APPROVED----CONTINUED----TABLED---~DENIED----
ORDINANCE NO.
DATE OF ADOPTION
RECORDED IN o. R. BOOK:
P AG E :
LETTER TO PROPERTY OWNER ADVISING COMPLETION OF VACATION -.'
VACATION CARD FILE:
SHEET 2 OF 4
REVISED 11/90
V~CPROC3.DDM
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V A CAT ION R E 0 U EST
F I L I N G FOR M
1.
NAME: '
~/~~ r tfi,9,yTLEY .(O~~)
~/C"~N ~ ..219 [;Lv;.::; ~6'~~I?~PHONE: 7f'''oo~s
;/:1 7</ (pt//,)tj J/lJ.iJ 2)"f,/ C~V51' 'Jjl-~,.2.s
ADDRESS:
HEREBY PETITION THE CITY COMMISSION OF THE CITY OF CLEARWATER FOR THE
VACATION OF THE FOLLOWING:
EASEMENT TYPE: ~~~~~~ l~ijU~ I
RIGHT-OF-WAY
I ALLEY
OTHER:
2. LEGAL DESCRIPTION OF PROPERTY TO BE VACATED:
7ht=.. ~~6'e~ /R./;o.c,*=S;: O~ ~ ~')(;.sV/~<7
. /0 ~P": ~S6V$lJv O~ Lor 197/ 4fl;Joi> q~~
~r aUM7?(~s/* I 4/N/r -L /18 ./fEco~.2>~
/A) ~Gt9r e;oo~ 70 I . ~i?6S; /3 .r 1'c,L
3. 'STREET ADDRESS OR SIMPLE LOCATION:
~.s 7sL- COt//N~p-oN ~~/' CLb9RM7'RH' ;c:-c. ;.?<,Lt;.2.,a
-4. PROPOSED USE OF VACATED PROPERTY:
!~DL
5. ZONING ON ADJOINING PROPERTY:
,.\.... ..
~c $' 1J>6v7/,9L -
~..v~a: n;....,.,,'7-'
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6. ATTACHMENTS:
LAND SURVEY OF PROPERTY IS REQUIRED IF THIS VACATION INVOLVES
EXISTING ENCROACHMENT
DRAWING SHOWING PROPOSED USE OF VACATED PROPERTY
(SURVEY, PLOT PLAN, ETC.)
X SEE RESOLUTION 82-3 (ATTACHED)
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ATTACHED LETTERS OF NO OBJECTION FROM:
X FLORIDA POWER CORPORATION
X GENERAL TELEPHONE COMPANY
, ~:!
X VISION CABLE
OTHER
. 7'. SIGNATURE OF THE OWNER OF THE PROPERTY ABUTTING THAT PROPERTY PROPOSED
TO BE VACATED: (APPLICANT)
ADDRESS & ZIP CODE
DATE PROPERTY AC UIRED
c:?37c) CC// W
~/f~~P1~~ CL{ff?CV7lf??!?( ,;:-C ~.;23
, ~.QC'r:'/<:'~ ~..D.p.<:.~.S~; ,:2.'I-~'l.-~ e.N76(/"l'flh ~.iJ.
STATE OF FLORIDA) CLe,crA"~75't.. .rL.. .s4t;,..::1.3
COUNTY OF PINELLAS)
The foregoing instrument was acknowledged before me this ~~/~ -<?~
by -QdJ.J~ 'fY1. LQCvdAJ j)tf) , who is persona lly known to. me or
who has produced FL D L /.::J ~L/ I-() 1-5, ~ l-oLj.;:J-Q as identification.
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and who did (did not) take an oath.
au.) Notary PUblic, Commission NO.(!() 01()c2CJt)
(Name of Notary typed, printed or stamped)
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NOTARY punl Ie SlA1E OF FLORIQA
Ify Lor-1;.nS~,j()rl UP. DEC.10,1394
BOIlOW THRU GENEW\L HiS. UNO.
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SHEET 4 OF 4
ENG. DEPT. 3/82
REVISED 10/92
VACREQ.DDM
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.-8' AU GUST 1993
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THANKYOU
TO: CITY OF CLEARWA'rER,FLORIDA
SUBJECT: EASEM ENT RELEASE
THIS NOTE IS TO AUTHORIZED ADRIAN DA SILVA TO ACT ON MY
BEHALF, SOLELY AND EXCLUSIVELY FOR THE PU RPOSE OF OBTAINING
A PARTIAL RELEASE OF DRAINAGE AND UTILITIES EASEMENT OF
PROPERTY LOCATED AT 2374 COVINGTON DRIVE, CLEARWA'rER FLORIDA.
LEGALLY DESCRIBED AS AT WOODGATE OF COUNTR YSIDE UNIT ONE
LOT 197 OF WHICH I AM THE CURRENT OWNER.
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B RIA N T. GANTLEY
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".,',lWscrilz,f and executed befom me
'thll~daYOf~,19 '13
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Section 1. The following:
The South 1.5 feet of the North 10-foot Drainage anq Utility
Easement lying in Lo't 197, Woodgate of Countryside Unit One,
according to the "lap or plat thereof as recorded in Plat Book 70,
Pages 13 & 14, of the public records of Pinellas County, Florida,
is hereby vacated, closed and released, and the City of Clearwater quitclaims ~nd
releases all of its right, title and interest thereto.
Section 2. The City Clerk shall record this ordinance in the public :{
records of Pinellas County, Florida, following adoption."
Section 3. This ordinance shall take effect immediately upon adoption.
,.: ~.': .. . -,
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.
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ORDINANCE NO. 5489-93
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
V ACA T I NG TilE SOUTH 1. 5 FEET OF THE NORTH 10-FOOT
DRAINAGE AND UTILITY EASEMENT LYING IN LOT 197, WOODGATE
OF COUNTRYSIDE UNIT ONE; PROVIDING AN EFFECTIVE DATE.
WHEREAS, Brian T. Gantley, owner of real property located in the City of
Clearwater, has requested that the City vacate the drainage and utility easement
described herein; and
WHEREAS, the City Commission finds that sai'd easement is not necessary for
municipal use and it is deemed to be to the best interest of the City and the
general public that the same be vacated; now, therefore,
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
CLEARWATER, FLORIDA:
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
-'
Rita Garvey
Mayor-Commissioner
Approved as to form and
and correctness:
Attest:
Cynthia E. Goudeau
City Clerk
...
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+ Requested Vacation
- - -L - by Applicant
SCALE' N~T.S.
191
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- -f I~ Or. a util
. Eosement
COUNTRYS I DE
P.B.
70-13,14
NOT'Ei This, Is not a SURVEY
UN I T
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COVINGTON
DRIVE
"G tl II
an ey
, Yoc, 93- 12
Sect. 31- 28-16
Drawn .by: D. D. M.
. Date: 9/27/93
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Florida
Power
CORPORATION
August 6, 1993
\.
Mr. Adrian DaSilva
2469 Enterprise Road
Clearwater, FL 34623
Re: 2374 Covington Drive, Clearwater
Dear Mr. DaSilva:
Florida Power corporation has no objection. to the vacation of the
southerly 18" of the existing 10' easement located on Lot 197,'
'Woodgate of Countryside - unit 1.
, Sincerely,
'FLORIDA POWER CORPORATION
.',CA.IJ" J:J~-
AJ..;Q. ' ' ,
.
Donald G. Dahlstrom
;Distribution Engineer
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2166 PALMETTO STREET · CLEARWATER, FLORIDA 34625.2119
A Florida Progress Company
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GTE Telephone Operations
South Area
August 11, 1993
1280 East Cleveland Street
Post Office Box 2257
Clearwater, FL 34617
Adrian Da Silva
Realtor-Associate
Century 21
Mills First, Inc.
2469 Enterprise Road
Clearwater, FL 34623
Dear Ms. Da Silva:
Subject: PARTIAL RELEASE OF A DRAINAGE AND UTILITY EASEMENT LOCATED AT
2374 COVINGTON DR., CLEARWATER (SEE LEGAL DESCRIPTION OF PROPERTY
ON ATTACHED SKETCH)
GTE Telephone Operations has no objections to the proposed vacation of the
Southern 18" of the existing 10' easement as described in the above subject.
Thank-you for your cooperation. If you need further assistance, please
call Joe Vacca at 443-9268 in Clearwater Engineering.
. Very Truly Yours,
GTE TELEPHONE OPERATIONS
..... Te, ~
'Tom C. Signor
~~Op~rations Supervisor-OSP Engineering.
..
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· GTE Service COlporatlon/A pari 01 GTE Corporation
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VC 8.93
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'" Ylslon Cable of Pine lias, Inc.
~', '. 2530 Drew Street
Clearwater. Florida 34625
(813) 797.1818
Date: Aug. 4, 1~93
Century 21 - Mills First Inc.
Adrian Da Silva
2469 Enterprise Rd.
Clearwater, FL 34623
RE: Partial vacation of easanent - 2374 Covington Dr.
Dear Mr. Da Silva
~ Has no conflict with your proposed:
,
,~, Vacation of Easement/Right-Of- Way
o 'Plat
o Construction
..
Maintains facilities within the area of the proposed vacation of easement/right-of-way. One
, of the following conditions must be met prior to the release of a "no conflict" letter:
"'A. The owner/developer must reimburse Vision Cable for all costs incurred by relocation of
,'our facilities.
B. A utility easement must be platted to encompass existing facilities.
.
, , ,,:, 1
,Tbankyou for your time and consideration. If you have any questions, please contact me ~t. '
797~1818, Ext. 509.
Sincerely,
.t\..... ..
VISION CABLE OF PINELLAS, INC.
"
" ,
THE ENTERTAINMENT PEOPLE
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MOTION TO AMEND ORDINANCE 5398-93
In
"LIMITED"
the
before
ordinance title,
"INDUSTRIAL."
in
the
2d
and
3d
to
the
last
lines,
insert
,':'
NOTE:
The correct name of the zoning district is "Limited Industrial. II
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Clearwater City Commission
Agenda Cover Memorandum
Item #
Meeting Date:
~ If I ~1(13
SUBJECT:
Application for Zoning Atlas Amendment for 508-602 Garden Avenue North; Owner: Mary J. Bilgutay;
1. 12 acres m.o.1. (Z 93-04)
RECOMMEN DATION/MOTION:
Approve application for Zoning Atlas amendment to Limited Industrial for Lots 7, 8, & 9, Nicholson &
Sloan's Addition, and Lots 29 & 30, G. L. Bidwells Oakwood Addition, and pass Ordinance No. 5398-93
on first reading.
[] and that the appropriate officials be authorized to execute same.
BACKGROUND:
The subject property is located on the west side of Garden Avenue North, one block east of North Fort
Harrison Avenue, approximately 370 feet south of Eldridge Street. The applicant is requesting a change
in zoning for present and future expansion of her business (Pace Tech Inc.).
The Downtown Clearwater Periphery Area Plan proposes that a "performance zoning" approach be
utilized for the Northwest Expansion Area of the Central Business District where the subject property
is located. The priority uses for the area are proposed to be high density residential and "high tech"
manufacturing. Pace Tech falls into the latter classification, and is an appropriate use for the proposed
district. The Future Land Use Plan category for the applicant's property was changed to Central
Business District with the recently approved expansion of this classification by the City Commission.
Property with a Central Business District Future Land Use category can be assigned any of the City's
zoning districts. Limited Industrial is being requested, because it is the only zoning district in which
manufacturing is a permitted use.
Pertinent information concerning the request is summarized on pages two and three.
The Planning and Zoning Board unanimously recommended approval of this request on May 18, 1993.
Reviewed by:
Legal
Budget
Purchasing
Risk Mgmt.
CIS
ACM
Other
N/A
N/A
---:..JUA
N/A
N/A
N/A
Originating Dept:
CENTRAL PERMITTING
COlta:
. MIA
Total
Commission Action:
o Approved
o Approved w/conditions
o Denied
o Continued to:
Uler Dept:
$
Current Fiscal Yr.
Advertiled:
Date:
Paper: TAMPA TRIBUNE
o Not Requi red
Affected Partiel
181 Notified
o Not Requi red
Funding Source:
o Capi ta lImp.
o Operat ing
o Other
Attachments:
ORDINANCE NO. 5398-93
LOCATION MAP
o None
Appropriation Code:
Printed on recycled paper
" "
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LOCATION
Subject
Property
Parcel "A"
Subject
Property
Parcel "B"
North
South
East
West
Parcel "A"
Parcel "8"
Z 93-04
Page 2
EXISTING ZONING AND FUTURE LAND USE OF
APPLICANT'S AND SURROUNDING PROPERTIES
CITY OR FUTURE LAND USE ZONING
COUNTY PLAN CATEGORY ACTUAL USE
City Downtown Manufacturing, wholesale, and
Development District CG retail (Pace Tech)
City Downtown Office, parking (Pace Tech) and
Development District RM-8 vacant
City
Downtown
Development District
Downtown
Development District
Downtown
Development District
Downtown
Development District
RM-8
Single family residential
City
CG
Vacant
City
RM-8
Vacant and single family
residential
City
CG
Car/boat wash, Quest Inn
(motel), and single family
residential
Lot 7 and the front part of Lot 8, Nicholson & Sloan Subdivision
Lot 9 and the rear part of Lot 8, Nicholson & Sloan Subdivision, and Lots 29 & 30, G. L.
Bidwells Oakwood Addition to Clearwater
, ABBREVIATIONS:
CG
CI
IL
RM-8
u.p.a.
General Commercial (City)
Infill Commercial (City)
Limited Industrial (City)
Multiple-Family Residential "Eight"
Residential units per acre
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Z 93-04
Page 3
ZONING RESTRICTIONS
, "
DESCRIPTION IL REQUIREMENTS CI REQUIREMENTS CG REQUIREMENT EXISTING
Density N/A 24 u.p.a. max. 28 u.p.a. max. N/A
Lot Area 20,000 ,sq. ft. min. 7,500 sq. ft. min. 10,000 sq. ft. min. *
Lot Width at 100 ft. min. 75 ft. min. 1 00 ft. min. 99 ft.
setback line " (lots 7 & 8)
, ,
Depth ,1QO> ft.: min. 1 00 ft. min. 1 00 ft. min. 1 59 ft.
Setbacks:
Street 20 ft. . 15 ft. min. 25 ft. min. Oft.
min. '
Side 10ft. min. 10ft. min. 10ft. min. Oft.
Residential 15ft. . 20 ft. min. less than 15
min.
ft.
Rear 1 0 ft~ .' " 10 ft. min. 10ft. min. less than 15
min..,
" , ft.
,',' :,
Open Space: .. . .
Lot 10<yo',min,. 25% min. 150/0 min. Less than
.. 250/0
, . ,. .
Front Yard ' '25% rri in'. 75% min. 50% min. None
, (Lots 7 & 8)
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Floor Area ' ,"'..'N/A 0.4 max. 0.4 max. 0.28 m.o.!.
Ratio ,''-.',':",..''.:, ';,..' ' .. , ,', (Lots 7 & 8)
Bldg. Coverage :;:' ' ,"0 ' >.: ,," ,:":::,::,, 30% max. 400/0 max. 28% m.o.1.
:-': : ,,:,6Q~max.<> '
,,:,.. ',.., ,..", , , ,
*
All lots are less than 20,00 sq. ft. (IL minimum), but are over 7,500 sq. ft. (CI
minimum). Lot 7, Nicholson & Sloan Subdivision is 9,285 sq. ft. m.o.1. Both Lots 29
and 30, G.L. Bidwells Oakwood Addition to Clearwater are less than 10,000 sq. ft.
OTHER AGENCY REVIEW
AGENCY
YES
NO
X
X
,I
Pinellas Planning Council/Countywide Planning Authority
Florida Department of Community Affairs
ORDINANCE NO. 5398-93
AN ORDINANCE OF THE CITY OF CLEARWATER, FLOR~DA,
AMENDING THE ZONING ATLAS OF THE CITY BY REZONING
CERTAIN PROPERTY LOCATED ON THE WEST SIDE OF GARDEN
AVENUE, ONE BLOCK EAST OF NORTH FORT HARRISON AVENUE,
APPROXIMATELY 370 FEET SOUTH OF ELDRIDGE STREET,
CONSISTING OF LOT 7 AND PART OF LOT 8, NICHOLSON AND
SLOAN SUBDIVISION (PARCEL A), AND LOT 9 AND PART OF LOT
8, NICHOLSON AND SLOAN SUBDIVISION, AND LOTS 29 AND 30
BIDWELLS OAKWOOD ADDITION TO CLEARWATER (PARCEL B),
WHOSE POST OFFICE ADDRESS IS 510 GARDEN AVENUE NORTH, AS
DESCRIBED MORE PARTICULARLY HEREIN, FROM GENERAL
COMMERCIAL (CG) TO INDUSTRIAL (IL) FOR PARCEL A, AND
FROM MULTIPLE FAMILY RESIDENTIAL (RM-8) TO INDUSTRIAL
(IL) FOR PARCEL B; 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 in compliance
with Florida law; now, therefore,
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. The following described property in Clearwater, Florida, is
hereby rezoned, and the zoning atlas of the City is amended as follows:
Property
Zoninq District
See Exhibit A attached
hereto. (Z93-04 )
From: General Commercial (CG) (Parcel A) and
Multiple Family Residential 8 (RM-8)
(Parcel B)
To: Limited Industrial (IL)
Section 2. The City Commission does hereby certify that this ordinance is
consistent with the City's Comprehensive Plan.
Section 3. The Planning and Development Director is directed to reyise the
zoning atlas of the City in accordance with the foregoing amendment.
Section 4. This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Rita Garvey, Mayor-Commissioner
Approved as to form and correctness:
Attest:
Cynthia E. Goudeau, City Clerk
City Attorney
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PARCEL A:
Lot 7 and the front port i on of Lot 8, zoned Genera 1 Commerc i a 1 ,
Nicholson & Sloan1s Subdivision, according to the map or plat
thereof as recorded in Plat Book 1, Page 38, of the public records
of Pinel1as County, Florida.
PARCEL B:
Lot 9 and the rear portion of Lot 8, zoned Multiple-Family "Eight",
Nicholson & Sloanls Subdivision and Lots 29 and 30, G. L. Bidwells
Oakwood Addition to Clearwater, Florida, according to the map or
plat thereof as recorded in Plat Book 1, Page 46, of the public
records of Pinellas County, Florida.
EXHIBIT A
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_ I t:. " .. Ie ~ ~~ i !DL~rv ~ Ie '........'. 4\/C~/ "1/06 '\J~: hos 'J
~ ~ ~ ~ ~ ~ 100! to - ~ t) ~ 700 ' g ci ti ~ ~ ' Ice ' ' ~
, ~ ~ ~ ~ , V> Vl Ir, If': \C 700,.C pOI It" r. It
1~ ELDRIDGE '----:
= ~." -<ai~:~i~':;j:;i~I~~J I 12113 617J1fiiI'...~ 16"~~ 24?:~ t>, ~c ~H'~ I b
_ 1"P!)I',~lehII!IV~ /611 -- -,-, '.. 25~ 610 ;6".o~gllO~j!;I~
1-7..' 60e I / ,,1 , 4 608' .' 609 2'\ 26 ! 3S ~
,. /609 1 ~ J 608 160~ 608 rV-iRI
- 5
6
HARRINGTONs,2\ ~'3 8 (,: 8, N: [(,:!::t.KW~,~wti:i!!~~j,':: 8 c; MAPLE
6'2'" H 'tj;am:";r'~;""""'w t
9 "S09 I CJjl~~nt.i.J.:dh:~mm ~ 1
, 1 5-77 610 511 7 ('" %q:;:;::,~\~,.;~~~tr 6'.. 19
..!, 508\ \ 5'0 ~ 507 8 2 & 1J:~a;:~i:~~~:iMP.ii 2
\o~ 5 50. J SLQ,iiiBi 50.v:18 .. J
~~~~:R~~~FFS '::. If: ~~~;~~;:5;;2 ~ ~~,;~/~; 50'
21- 31 500 .0 150; ;00 ~ 2 ~ 1 500 <:3 50' ~I 761 ;::
GEOR~A STRE!:' 0 ~07' 3 1.0 .to" .I ~ I
.~.. ~ 0 4 ~06~ 13
._ 1 4 ICe;, 2 i ;Ifr? r- i-
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I H M STREE~
i~ 48~ti,O (FO!IIJJ~C! 4Q i f
47:608 /50950 D
I I 51
I /~05 52 1-
! I
I ;603 53
I I ~ 54 ~ ~
~- M^PLE
39(1 ~ 6~~.t
40 r 45
602
03 4' 44
42 43
0' 60cf
ST - ~ J
~ 610 I
508
506 II
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ClfY OWNED
PROPERT'r
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8
406 <40 407 7
8 "O~
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06
1 -105 6
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J03 7
2 ~O2
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403 12
3-47
5
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Clearwater City Commission
Agenda Cover Memorandum
Item #
Meeting Date:
\ \ II/g
SUBJECT:
Land Development Code Amendment - Temporary Signs.
(LDCA 93-03)
RECOMM ENDA TI 0 N/MOTION:
Approve Land Development Code amendment concerning temporary signage and pass on first reading
Ordinance No. 5460-93.
[] and that the appropriate officials be authorized to execute same.
BACKGROUND:
The Commission has requested a revision of the sign regulations to provide for temporary signs for new
businesses and for businesses having their signs damaged in isolated storm events or through acts of
vandalism. At the October 7, 1993, the City Commission meeting, the Commission provided staff with
additional direction regarding changes to the first draft of Ordinance No. 5460-93. The first draft has
been revised to address the Commission concerns by:
~ A 30 day maximum sign allowance would be established for new businesses, as opposed to the
previous 90 day allowance.
~ A provision is made for the City Mancg=rto determine the location for temporary signs for major
public works projects or major storm events rather than the City Commission.
~ Pennants (strings of pennants) would be allowed for a 14 day period for new businesses and
businesses having name changes.
~ Cold air balloons have had their size measurement clarified, and would be restricted to a three day'
time period.
The Commission was also concerned that some provision be made to ensure that signs would be located
in a manner that would not negatively affect pedestrian or motorist safety. Staff would refer the
Commission to Sec. 44.53 of the sign regulations which governs the placement of all signs, including
exempt and temporary signs. This section prohibits signs from being located in, ways that would affect
pedestrian or motorist safety. Staff will develop a special permit form and instructions for applicants
that will bring all applicable ordinance requirements to the attention of all persons needing these permits.
Reviewed by:
Legal
Budget
Purchasing
Risk Mgmt.
CIS
ACM
Other
Originating Dlpt:
CENTRAL P
COltl:
_$ N/A
Total
Commislion Action:
o Approved
o Approved w/conditions
o Denied
o Continued to:
N/A
N/A
N/A
~
/A
$
Current Fiscal Yr.
User Dept:
Advertised:
Date:
Paper: TAMPA TRIBUNE
C Not Required
Affected Parties
o Notified
IllI Not Requi red
Funding Source:
o Capital Imp.
o Operating
o Other
Attachments:
ORDINANCE NO. 5460-93
o None
Appropriation Code:
o
".:,
'.~' ~
~',:\
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M E M 0 RAN 0 U M
,TO:
FROM:
The Honorable Mayor and Members of the City Commission
M. A. Galbraith, Jr., City Attorney~
Ordinance No. 5460-93 re: temporary signs
RE:
DATE:
October 20, 1993
Attached is
the last time you
IIcleanll copy of
a redline.coded copy of the
saw it in the October 7
the ordinance as it appears
ordinance to show the changes made since
agenda packet. Also attached is a
with all the changes made.
MAG:jmp
Attachments
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ORDINANCE NO. 5460-93
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, RELATING TO THE LAND DEVELOPMENT
CODE; AMENDING SECTIONS 44.08 AND 44.54,
CODE OF ORDINANCES, TO ALLOW TEMPORARY
SIGNS UNDER CERTAIN CIRCUMSTANCES;
PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. Sections 44.08(19) and 44.54(5), Code of Ordinances, are
amended, and a new Subsection (6) is added to Section 44.54, to read:
Sec. 44.08. Exempt signs.
The following types of signs are exempt from the permitting requirements
of this chapter, provided that number, area, and other l,imitations set forth in
this section are satisfied. The area of exempt signs shall not be included in
determining compliance with maximum allowable sign area requirements. Exempt
signs are allowed in addition to signs for which permits are required. An
otherwise exempt sign which exceeds the limitations of this section shall require
, a permit.
(19) Temporary window signs. Signs shall be allowed in' nonresidential
zoning districts for a period not longer than 30 days or as may otherwise be
allowed bv this code. The maximum area of such signs shall be 20 percent of
window area or 100 square feet, whichever is' less. The area to be used for such
signs shall be clearly delineated with paint, tape or other markings to aid in
the enforcement of the area requirements of this section.
Sec; 44.54. Sign bonus provisions; temporary signs.
This section is established to recognize unusual circumstances which create
the need to modify, in a consistent and uniform manner, the requirements of this
chapter 'for sign area, height, number and type.
(5) Temporary signs--major public works projects or major storm events.
In the event of a major public works project, such as but not limited to a road
widening project, or in the event of a major storm event which results in the
widespread destruction of existing signs, temporary signs may be erected upon
property affected by such project or damaae event as provided in this subsection.
h 11 b( a) 1 P rto dPe r~ Yt h1. 0 ca t ion. T hde p:o petrtdy bU pOIl::'~'~:::~~~~~:;j~ti~::::::i:hfi'::::f,::~::Q.:~%~:::~l:1:::;~:R:::1~B:;1::;~:~:~:~:;f:~t::~9:
S a e 0 cae w 1 1 n a n are a e s 1 g n a e y.. "~",,,'!:\l:,' ~~.:,mi.m~t:YA:e.:.:., :'........ ' " ," '. .' ,., ,. .1'.< "
t,flij:~:~;~1:ijJ.~i:~~;~liJjW~:~:;\1~;ij as an area adverse ly affected"b'yr.'irMa'j"gr~p1fD'flcX"worfts~~:'pr(rJe:c't
o'r"'<'O'a'ma~e'l~"'oy""';r"'nl'a'j 0 r s to rm .
(b) Sign types, number, size, height, and location. The following may be
erected on any property located as described in subsection (5) (a) of this
section, in addition to any other sign which may lawfully be erected on 'such
property.
'.','
1. One freestanding directional sign for each driyeway on the affected
roadway, each sign not exceeding 20 square feet in area and not
exceeding six feet in height, placed no closer than five feet from
any property line; or
2. One banner per property in districts other than the commercial
center district, or one banner per freestanding building in the
commercial center district. Each banner shall be attached to the
building and shall not exceed 48 square feet in area.
3. For the purposes of subsection (5)(b)1., freestanding directional
sign means any sign supported by structures or s~pports that is
placed on or anchored in the ground and that is independent of any
building or other structure, and which exclusively contains
information providing direction to or location of any object, place,
or area including but not limited to those signs indicating avenues
of ingress/egress.
(c) Duration. Each sign erected pursuant to this subsection (5) of this
~c~tio~ shall be removed not later than seven days following completion of the
public works project or portion thereof affecting the visibility of the property
or not later than 45 days following the damaqe storm event, whicheyer is
applicable. As used in this subsection, completion means that active
construction shall have ceased and construction equipment shall have been removed
from the public works project or portion thereof affecting the visibility of the
property, whether the publi~ agency has accepted the construction work or not.
LQl Temporary siqns--new businesses or business name chanQes. For a new
business or a change of business name, temporary siQns may be erected upon the
premises of the business as provided in this subsection.
~ Property location. The property upon which the sign is to be erected
shall be located within a nonresidential zoninQ district appropriate to the
business. The sign shall be erected upon the premises of the business.
ihl Si
erected on an ro ert located as described in subsection 6 a of this
section, in addition to any other siqn which may lawfully be erected on such
property. upon the issuance of a temporary sign permit as provided herein.~
~ One banner not exceedinq 32 square feet in area and not exceedinq
six feet in heiqht., placed no closer than five feet from any
property line, or one banner securely attached to an existin~ sian
face and no larQer than the existing sian face: or
h
~ One or more temporarv window signs having a maximum area, in the
aqqregate. of not more than 40% percent of window area or 64 square
feet. whichever is less:~;:*!!~@~ti
2
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6 sha 11
Temporary siqn permit.
A temporary siqn permit shall be issued to
1n
J1l Temporary siqns--isolated damaqe due to vandalism, accidents, minor
storm events, or other similar incidents.
lE.l Sign types, number, size, heiqht, and location. For properties
havinq siqns damaged by vandalism, accidents. minor storm events. or other
similar incidents, the followinq may be erected. in addition to any other sign
3
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which may lawfully be erected on such property, upon the issuance of a temporary
~n permit as provided herein.
1.:.
One banner not exceedinq 32 square feet in area and not exceedino
six feet in height, placed no closer than five feet from any
property line, or one banner securely attached to an existinQ sian
face and no larqer than the existinq siqn face: D~r~i~
.....I".,.,4:nJ,_
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~ One or more temporary window siQns havina a maximum area, in the
aQQreQate, of not more than 40 percent of window area or 64 square
feet, whichever is less.
.L.Ql Duration. Each sian erected pursuant to this subsection W shall
be removed not later than the date upon which the temporary sian permit expires.
1..fl Temporary sian permit. A temporary siQn permit shall be issued to
a property or business owner who has suffered damaqe to an existinQ siQn due to
vandalism, accidents, minor storm events or other similar incidents, and shall
expire 30 days after issuance of the temporary siQn permit.
Section 2. This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Rita Garvey
Mayor-Commissioner
>Approved as to form and correctness:
Attest:
M.A. Galbraith, Jr.
City Attorney
Cynthia E. Goudeau
City Clerk
4
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ORDINANCE NO. 5460-93
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, RELATING TO THE LAND DEVELOPMENT
CODE; AMENDING SECTIONS 44.08 AND 44.54,
CODE OF ORDINANCES, TO ALLOW TEMPORARY
SIGNS UNDER CERTAIN CIRCUMSTANCES;
PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. Sections 44.08(19) and 44.54(5), Code of Ordinances, are
amended, and a new Subsection (6) is added to Section 44.54, to read:
Sec. 44.08. Exempt signs.
The following types of signs are exempt from the permitting requirements
of this chapter, provided that number, area, and other limitations set forth in
this section are satisfied. The area of exempt signs shall not be included in
determining compliance with maximum allowable sign area requirements. Exempt
signs are allowed in addition to signs for which permits are required. An
otherwise exempt sign which exceeds the limitations of this section shall require
a permit.
(19) Temporary window signs. Signs shall be allowed in nonresidential
zoning districts for a period not longer than 30 days or as may otherwise be
allowed bv this code. The maximum area of such signs shall be 20 percent of
window area or 100 square feet, whicheyer is less. The area to be used for such
signs shall be clearly delineated with paint, tape or other markings to aid in'
the enforceOlent of the area requirements of this section.
Sec. 44.54. Sign bonus provisions; temporary signs.
This section is establ ished to recognize unusua 1 circumstances which create
the need to modify, in a consistent and uniform manner, the requirements of this
chapter for sign area, height, number and type.
(5) Temporary signs--maior public works projects or major storm events.
In the event of a major public works project, such as but not limited to a road
widening project, or in the event of a major storm eyent which results in the
widespread destruction of existing signs, temporary signs may be erected upon
property affected by such project or damaQe event as provided in this subsection.
(a) Property location. The property upon which the sign is to be erected
sha 11 be located wi th i n an area des i gnated by the city manager as an area
adversely affected by a major public works project or damaged by a major storm.
(b) Sign types, number, size, height, and location. The following may be
erected on any property located as described in subsection (5)(a) of this
section, in addition to any other sign which may lawfully be erected on such
property.
, .!~
, ,
1. One freestanding directional sign for each driveway on the affected
roadway, each sign not exceeding 20 square feet in area and not
exceeding six feet in height. placed no closer than five feet from
any property line; or
2. One banner per property in districts other than the commercial
center district, or one banner per freestanding building in the
commercial center district. Each banner shall be attached to the
building and shall not exceed 48 square feet in area.
3. For the purposes of subsection (5)(b)1., freestanding directional
sign means any sign supported by structures or supports that is
placed on or anchored in the ground and that is independent of any
building or other structure, and which exclusiyely contains
information providing direction to or location of any object, place,
or area including but not limited to those signs indicating avenues
of ingress/egress.
(c) Duration. Each sign erected pursuant to this subsection (5) of thi&
section shall be removed not later than seve,l days following completion of the
public works project or portion thereof affecting the visibility of the property
or not later than 45 days following the damaoe -storm c'lcnt, whichever is
applicable. As used in this subsection, completion means that active
construct ion sha 11 have ceased and cons truct i on equ i pment sha 11 have been removed
from the public works project or portion thereof affecting the visibility of the
property, whether the publici agency has accepted the construction work or not.
iQl Temporary siqns--new businesses or business name chanoes. For a new
business or a chanQe of business name, temporary sions may be erected upon the
premises of the business as provided in this subsection.
~ Property location. The property upon which the siQn is to be erected
shall be located within a nonresidential zoning district appropriate to the
business. The sign shall be erected upon the premises of the business.
iQl SiQn types, number, size. heiqht, and location. The followinQ may be
erected on any property located as described in subsection (6)(a) of this
section. in addition to any other sian which may lawfully be erected on such
property. upon the issuance of a temporary siqn permit as provided herein.
,\
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One banner not exceedinq 32 square feet in area and not exceeding
six feet ;n heioht. placed no closer than five feet from an~
property line. or one banner securely attached to an existina sign
face and no larger than the existing siQn face: or
Not more than one cold air balloon not more than 20 feet in heiQht.
width, depth. length. or diameter; or
I
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One or more temporary window siQns havinq a maximum area. in the
aQQregate. of not more than 40% percent of window area or 64 square
feet. whichever is less: or
2
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~ One or more strinqs of pennants. not to exceed an aqQreQate length
of 100 feet, with no individual pennant exceeding two square feet in
area.
ill Duration. Each sign erected pursuant to this subsection (6) shall
be removed in accordance with the followina schedule:
~ A banner shall be removed not later than 30 days after issuance of
the temporary siqn permit;
h A co 1 d air ba 11 oon sha 11 be removed not 1 ater than 3 da vs after
installation, but in any event not later than 30 days after issuance
of the temporary siqn permit reaardless of the date of installation:
1:.. All temporary window siqns shall be removed not later than 30 days
after issuance of the temporary siqn permit: and
~ All strinas of pennants shall be removed not later than 14 days
after installation, but in any event not later than 30 days after
issuance of the temporary sian permit reqardless of the date of
installation; however,
b. If a temporary siqn display will consist of more than one type of
temporary siqn authorized by this subsection, the applicant for the
temporary siQn permit shall specify which types of sions are to be
displayed. Upo~ issuance of the temporarysiqn permit, the permit
holder may display each type of sign specified in the application
for a 1 enqth of time cons i stent wi th the time 1 imits set forth
herein; provided, that not more than one such sian type shall be on
display at anyone time, and the time limits shall not be "stacked"
so as to allow the sian display lonaer than 30 days after issuance
of the temporary siqn permit or to allow the display of a sion type
10nQer than the time limits set forth herein.
ill Temporary sian permit. A temporary sian permit shall be issued to
the owner of a new business or the new owner of an existinQ business upon
application by the owner, provided that the application shall be filed within 30
days followina issuance of an occupational license for the business by the city.
A temporary sian permit shall expire 30 days after issuance, except that a permit
for a cold air balloon only shall expire three days after issuance and a permit
for one or more strinQs of pennants only shall expire 14 days after issuance.
A temporary sian permit shall not be issued more than two times in the same
calendar year for the same business premises.
ill Temporary sians--isolated damaQe due to vandalism, accidents. minor
storm events, or other similar incidents.
III Siqn types, number, size, heiaht, and location. For properties
havinq siqns damaqed by vandal ism, accidents , minor storm events , or other
similar incidents, the followina may be erected. in addition to any other siqn
which may lawfully be erected on such property, upon the issuance of a temporary
sian permit as provided herein.
3
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One banner not exceedinQ 32 square feet in area and not exceedinQ
six feet in heiQht, placed no closer than five feet from any
property line, or one banner securely attached to an existinQ siQn
face and no larQer than the existina siQn face: or
One or more temporary window siQns hav;nQ a maximum area, in the
aQQreQate, of not more than 40 percent of window area or 64 square
feet. whichever is less.
1Ql Duration. Each siQn erected pursuant to this subsection (7) shall
be removed not later than the date upon which the temporary s;Qn permit expires. ~!
l:..
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ifl Temporarv sian permit. A temporary siqn permit sha'" be issued to
a property or business owner who has suffered damaQe to an existinQ siQn due to
vandalism. accidents, minor storm events or other similar incidents, and shall
expire 30 days after issuance of the temporary siQn permit.
Section 2. This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Rita Garvey
Mayor-Commissioner
Approved as to form and correctness:
Attest:
M.A.Galbraith, Jr.
City Attorney
Cynthia E. Goudeau
City Clerk
, ,
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Clearwater City Commission
Agenda Cover Memorandum
Item #
Meeting Date:
I a · 11(&
SUBJECT:
Final Site Plan, Future land Use Plan and Zoning Atlas Amendments for Morton Plant Cancer Care Center
(lUP 93-28; Z 93-11; and PSP 93-08)
RECOMMENDATION/MOTION:
Approve Future land Use Plan Amendment from Residential/Office (R/O) to Institutional (I), and approve
Zoning Atlas amendment from Public/Semi-Public and Limited Office to Public/Semi-Public Planned
Development; adopt on second reading Ordinances No. 5465-93 and 5466-93; and approve final site
plan subject to conditions listed on pages two and three.
[J and that the appropriate officials be authorized to execute ~ame.
BACKGROUND:
The Morton Plant Hospital proposes to construct a 33,300 sq. ft. (gross floor area) three story Cancer
Care Center and associated parking on a 2.21 acre parcel. The building is proposed to be located on a
city block (see location map) with the exception of three existing platted residential lots located at the
northeastern portion of the block. The property's land Use Plan classification is Public/Semi-Public and
Residential/Office with the proposed zoning being amended from P/SP and Ol to P/SP-Planned
Development zoning.
The proposed development abuts the city limits of Belleair and Clearwater on the west and south sides.
The Planning and Zoning Board held a public hearing on this application on October 5, 1993 at which
they unanimously endorsed the proposed amendment to the Future land Use Plan to Institutional and
Zoning Atlas amendment to Public/Semi-Public Planned Development to the City Commission.
On October 14, 1993, the Development Review Committee reviewed and approved with conditions the
site plan for the Cancer Care Center. The conditions of approval are listed on pages two and three.
Reviewed by:
Legal
Budget
Purchasing
Risk Mgmt.
CIS
ACM
Other
N/A
N/A
N/A
N/A
=J!hu
N/A
Originating Dept:
CENTRAL PERMITTIN~~
Costs:
$ NIA
Total
Commission Action:
o Approved
o Approved w/conditions
o Denied
o Continued to:
User Dept:
$
Current Fiscal Yr.
Advertised:
Date:
Paper:
~ Not Requi red
Affected Parties
o Notified
~ Not Requi red
Funding Source:
o Capital Imp.
o Operating
o Other
Attachments:
APPLICATION
ORDINANCE No. 5465-93
ORDINANCE No. 5466,93
MAP
Appropriation Code:
o None
.....
,~ d on recycled paper
, ,
,It- :,
Z 93-11 & LUP 93-28; and PSP 93-08
Page 2
The City staff recommends the utilization of Waters Avenue, a City street having a 33 foot right-of-way,
to provide a heavily landscaped buffer between the proposed Cancer Center and the Belleair residential
area abutting to the west. The site plan also utilizes the north ten feet of the Watkins Street right-of-
way; this ten feet is proposed to be utilized together with the required five foot landscape buffer along
the south side of the hospital's property to provide a 15ft. buffer and a sidewalk from the existing
Belleair residential area. This will provide a heavily landscaped buffer of fifteen feet between the Cancer
Center and the Belleair residential area located to the south. The land to the east and north of the
proposed development is owned by the applicant and is part of the hospital complex.
SUf{ROUNDING LAND USES
NORTH: Hospital
SOUTH: Residential
EAST: Offices
WEST: Residential
ACCESS:
, PARKING:
DRAINAGE:
UTI LlTI ES:
CONCURRENCY:
- 1.
, , 2.
3.
Pinellas Street
Off Street
SWFWMD design standards and City of Clearwater storm water criteria
All essential utilities to be provided by the City of Clearwater
The Cancer Care Center is projected to generate approximately 668 average daily
trips. These trips will be generated by patients through the course of a day.
Therefore, peak hour trip generation is relatively low. The additional peak hour trips
will not reduce the Level of Service on the Alt. 19 facility, currently operating at a
level of service "D".
PRELIMINARY CONDITIONS:
4.
Signs and fencing/walls are subject to separate review and permitting processes.
The requisite building permits must be procured within one( 1) year from the date of certification
of the final site plan and all requisites certificates of occupancy must be obtained within three (3)
years of the date of certification of the site plan.
If structure requires or has installed an automatic fire sprinkler system, a FIRE DEPARTMENT
CONNECTION shall be installed a minimum of 15 ft. from the structure, adjacent to a paved drive
and within 30 ft. of a fire hydrant assembly.
Morton Plant Hospital shall execute a right-of-way utilization agreement with the City of Clearwater
to use Waters A venue from Pinellas Street to Watkins Street to provide a berm with appropriate
landscaping material to buffer the Morton Plant Cancer Care Center from the residential area located
to the west; This agreement shall include a perpetual maintenance requirement to ensure
maintenance of the berm and landscaping by Morton Plant Hospital.
Prior to certification, the Dumpster Requirement Form must be completed and returned to the City
Sanitation Department.
Prior to the issuance of a certificate of occupancy, the dumpster/compactor must be visually
screened, and gates must be provided with a minimum 12-foot clear opening to the front for access
by Sanitation trucks.
Prior to certification, a copy of the SWFWMD permit application is to be provided to Engineering
Site Plan Review.
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7.
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Z 93-11 & LUP 93-28; and PSP 93-08
Page 3
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8. Prior to certification, the final site plan must be signed and sealed by a Professional Engineer
registered in the State of Florida.
9. Prior to certification, the site plan is to depict proposed utilities and elevations. Drainage
calculations are to be provided showing that the retention pond size meets the Clearwater retrofit
policy.
10. Sidewalks are required adjacent to all street rights-of-way.
11. Parking stalls and/or driveways to be adjusted to the approval of the Traffic Engineer.
12. Backflow prevention devices must be installed by the City with applicable fees being paid by the
owner.
13. Prior to certification, the existing drives that are to be removed shall be shown to be replaced with
curb and gutter.
14. Driveway design shall be revised to accommodate minimum sanitation truck turning radii.
15. Sidewalks shall be provided on the south side of Pinellas Street between Bay Avenue and the
western edge of the Cancer Care Center, on the west side of Bay Avenue from Pinellas Street to
Watkins Street, and on the north side of Watkins Street from Bay Avenue to Supplee Place. Morton
Plant will offer to install sidewalks on the south side of Watkins Street westerly from Supplee Place
to the western end of the cul-de-sac to serve the existing three homes in located in the Town of
Belleair, if the sidewalk is desired by the three property owners.
16. Prior to certification, a Landscape Plan in compliance with the Land Development Code requirement
shall be submitted for approval by the Environmental Management Group.
17. Prior to the issuance of a building permit, applicant shall acquire a clearing and grubbing permit and
a tree removal permit (or a no tree verification form) from Environmental Management.
18. Prior to issuance of a building permit, applicant shall provide to Environmental Management and
Engineering an approved copy of all necessary local, state and federal permits that may be required.
19. Prior to certification, stormwater retention calculations and retention pond details must be
submitted to Environmental Management.
20. The Landscape Plan submitted as part of this site plan shall be considered part of this site plan upon
its approval by the Environmental Management Group.
21. Prior to the issuance of a building permit, applicant shall acquire a clearing and grubbing permit and
a tree removal permit (or a "no tree" verification form) from Environmental Management.
22. All perimeter landscaping shall be maintained by the Hospital in manner conforming with City Code
requirements and the right-of-way utilization agreement(s).
23. Installation of required landscaping materials shall not interfere with existing utilities.
24. Prior to issuance of a building permit, applicant shall provide to Environmental Management and
Engineering an approved copy of all necessary local, state and federal permits that may be required.
25. Prior to certification, stormwater calculations and retention area details shall be submitted to
Environmental Management.
26. Prior to certification, the interior landscape islands must be adjusted to provide additional protection
of the trees to remain.
27. Parking lot luminaries shall be restricted to the same type and style including height as those
existing at the Jeffords Street Visitors/Physicians Parking Lot.
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ORDINANCE NO. 5465-93
Re..s-f- o-P r
(,,-(>-ervJc>(K JC\
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AN ORDINANCE OF TilE CITY OF CLEARWATER, FLORIDA,
AMENDI NG TilE FUTURE LAND USE PLAN ELEMENT OF THE
COMPREHENSIVE PLAN OF TilE CITY, TO CHANGE THE LAND USE
DESIGNATION FOR CERTAIN REAL PROPERTY BOUNDED BY
PINELLAS STREET ON THE NORTH, BAY PARKWAY ON TIlE EAST,
WATKINS ROAD ON THE SOUTH AND WATERS AVENUE ON THE WEST,
EXCEPTING THREE LOTS LOCATED AT TilE NORTHEAST CORNER OF
TilE BLOCK, CONSISTING OF LOTS 3 THROUGH 11 AND LOTS 15
AND 16, BLOCK 13, WESTOVER SUBDIVISION, WHOSE POST OFFICE
ADDRESSES ARE 1260 nmOUGII 1266 BAY PARKWAY, 300 THROUGIf
322 WATKINS ROAD, AND 317 PINELLAS STREET, FROM
RESIDENTIAL/OFFICE GENERAL (R/OG) TO INSTITUTIONAL (I);
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the amendment to the fu ture 1 and use plan e 1 ernen t of the
comprehensive plan of the City as set forth in this ordinance is found to be
reasonable, proper and appropriate, and in compliance with Florida law; now,
therefore,
[3E IT ORDAINED BY TilE 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 changing the land use category for the
hereinafter described property as follows:
Property
Lots 3 through 11 and Lots 15 and
16, Block B, Westover Subdivision,
according to the map or plat thereof
as recorded in Plat Book 18, Page 25,
of the public records of Pinellas
County, Florida. (LUP 93-28)
Land Use Cateqory
From: Residential/Office General (R/OG)
To: Institutional (I)
Section 2. The City Commission does hereby certify that this ordinance is
consistent with the City's Comprehensive Plan.
Section 3. This ordinance shall take effect immediately upon adoption,
subject to the approval of the land use designation by the Pinellas County Board
of County Comlni s s i oners. The 0 i rector of P 1 ann i ng and Deve 1 opment is author i zed
to transmit to the Pinel1as County Planning Council an application to amend the
Countywide Plan in order to achieve consistency with the Future Land Use Plan
Element of the City's Comprehensive Plan as amended by this ordinance.
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PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Approved as to form and correctness:
October 21, 1993
Rita Garvey
Mayor-Commissioner
Attest:
Cynthla E. Goudeau
City Clerk
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ORDINANCE NO. 5466-93
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
AMENDING THE ZONING ATLAS OF THE CITY BY REZONING
CERTAIN PROPERTY BOUNDED BY PINELLAS STREET ON THE
NORTH, BAY ,PARKWAY ON THE EAST I WATKINS ROAD ON THE
SOUTH AND WATERS AVENUE ON THE WEST, EXCEPTING THREE
LOTS LOCATED AT THE NORTHEAST CORNER OF THE BLOCK I
CONSI STI NG OF LOTS 3 THROUGH 11 AND LOTS 15 AND 16,
BLOCK B, WESTOVER SUBDIVISION, WHOSE POST OFFICE
ADDRESSES ARE 1260 THROUGH 1266 BAY PARKWAY, 300 THROUGH
322 WATKINS ROAD, AND 317 PINELLAS STREET, (PARCEL A),
AND LOTS 12 THROUGH 14, BLOCK B, WESTOVER SUBDIVISION,
WHOSE POST OFFICE ADDRESS IS 301 THROUGH 309 PINELLAS
STREET, AND LOT 4, W. N. BARNES SUBDIVISION, WHOSE POST
OFFICE ADDRESS IS 1263 WATERS AVENUE, (PARCEL B), AS
DESCRIBED MORE PARTICULARLY HEREIN, FROM LIMITED OFFICE
(OL) AND PUBLIC/SEMI-PUBLIC (P/SP) TO PUBLIC/SEMI-PUBLIC
PLANNED DEVELOPMENT D I STR I CT (P /SP PO); PROV I DING 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 in compliance
with Florida law; now, therefore,
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. The following described property in Clearwater, Florida, is
hereby rezoned, and the zoning atlas of the City is amended as follows:
Property
Parcel A
Lots 3 through 11 and Lots 15 and
16, Block B, Westover Subdivision,
according to the map or' plat thereof
as recorded in Plat Book 18, Page 25,
of the public records of Pinellas
County, Florida.
Parce 1 B
Lots 12 through 14, Block B, Westover
Subdivision, according to the map or
plat thereof as recorded in Plat Book
18, Page 25, of the public records of
Pinellas County, Florida, and
Lot 4, W. N. Barnes Subdivision,
according to the map or plat thereof
as recorded in Plat Book 4, Page 76,
of the public records of Pinellas
County, Florida. (Z93-11)
Zoninq District
From: Limited Office (OL)
To: Public/Semi-Public Planned
Development
From: Public/Semi-Public
To: Public/Semi-Public Planned
Development
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Section 2. The City Commission does hereby certify that this ordinance is
consistent with the City's Comprehensive Plan. '
Section 3. The Planning and Development Director is directed to revise the
zoning atlas of the City in accordance with the foregoing amendment.
Section 4. This ordinance shall take effect immediately upon adoption,
subject to the approval of the land use category set forth in Ordinance No. 5465-
93 by the Pinellas County Board of County Commissioner.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
October 21, 1993
Rita Garvey
Mayor-Commissioner
" Approved as to
~
M. A. Galbraith,
,City Attorney
correctness:
Attest:
Cynthia E. Goudeau
City Clerk
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PROPOSED LAND USE PLAN AMENDMENT and REZONING
OWNER
APPLICANT
M 0 R "\ D t-J P L (\ NT\-\ 0 5 P \ TAL
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pnOPERTY DESCRIPTION
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City Hall Annex. 10 So. Missouri Ave., P.O. Box 4748
Clearwater, fL 34618-4748
Telephone: (8131 462-6880 (Fax 462-6641)
APPlICA nON FOR SITE PlAN REVIEW
Applicant (Owner of Record): Nor ton Plant Hospi tal Assoc., rnc. Phone: ( 813 )
Address: 323 Jeffords Street City: Clearwater State: FL
Representative: Emil C. Marquardt, Esq. Telephone:~131
Address: Pos t Of fice Box. 1669 City: Cleanva ter State: FL
462--7180
Zip: 34617-0210
441-8966
Zip: 34617
Preparer of Pian: Edward Nazur. Jr.
Address: 24945 U. S. 19 North
Telephone: ( 813) 791-1441
Professional Title:
City: Clearwater
Professional Engineer
State: FL Zip: 3'.623
"Title of Proposed Site Pfan/Project:
Cancer Care Center
Parcel Number.
/
/
I I See ~ttached legal description
Pinellas St., \~est of Bav Avenue, North of Hatkins Road,
of Waters Avenue
I
General Location of Property: South 0 f
and East
Zoning:
OL and plsp
L1nd Use Plan Classification: RIO and P ISP
Mixed - Single Family Homes and Off Street Parking
Existing Use of Property:
Proposed Use of Property:
Hedical
If variances and/or conditional uses are involved, explain (if more space required att<lch separate sheet):
None
City Ordinance No. 3128-83 and No. 3129-83 require a parks and recreation impact fee to be paid for ~II nonresidential projects
over 1 acre in size and all residential developments. Has this property complied with these ordinances7 0 If yes, explain how
and when:
Assessed just value of property (attach verification): $ 7 5 4 , 0 0 0
$148,000
As of (date):
June 3, 1993
Most recent sales price (attach verificationl:
Fee for Site Ptan Review:
1. Base charge for each site plan ...... . . . . . . . . . " . . . . . . . . . . . . . . . . . . . . . . . . . . . . $790 plus
(a) For each acre or fraction thereof ............. . . . . . . _ . . . . . . . . . . . . . . . . ., $55
2. Revalidation of a certified site plan ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$150
3. Site plan amendment (after certification) . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . $150
7 10 of the City's Land Development Code.
Signature' :
(Owner of Record) Douglas F. Dahlhauser I Vice Pres.
Health System Construction
elf the application is signed by an individual other than the property' owner (e.g. the representative), please attach a statement
signed by the property owner alIthori2ing this individual to sign the application.
NOTES:
1) ll-iE SITE PLANS MUST BE DRAWN WITH THE NORTH ARROW TO THE TOP OF THE PAGE.
2) ll-iE SITE PLANS MUST BE FOLDED TO NO LARGER THAN 9- x 12-.
3) IT IS RECOMMENDED THE SITE PlANS SUBMITTED BE LIMITED TO ONE PAGE.,
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Rev. 3/92
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ORDINANCE NO. 5461-93
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
AMENDING THE FUTURE LAND USE PLAN ELEMENT OF THE
COMPREHENSIVE PLAN OF THE CITY, TO CHANGE THE LAND USE
DESIGNATION FOR CERTAIN REAL PROPERTIES LOCATED AT THE
SOUTHEAST CORNER OF THE I NTERSECT I ON OF TURNER STREET
AND ORANGE AVENUE, CONSISTING OF LOT 4, MAP OF TURNERS
SUBDIVISION NO.3, WHOSE POST OFFICE ADDRESSES ARE 601,
605 AND 607 ORANGE STREET, AND CERTAIN REAL PROPERTIES
ON THE WEST SIDE OF BAY AVENUE, CONSISTING OF PART OF
LOTS 1 AND 2, TURNER'S THIRD ADDITION, WHOSE POST OFFICE
ADDRESSES ARE 604 AND 606 BAY AVENUE, FROM MEDIUM
DENSITY RESIDENTIAL AND RESIDENTIAL/OFFICE TO
INSTITUTIONAL; PROVIDING AN EFFECTIVE DATE.
. WHEREAS I the amendment to the future 1 and' 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 in comp"liance with Florida law; 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' changing the land use category for the
hereinafter described property as follows:
Property
Land Use Cateqory
Parcel A
Lot 4, Block 12, Map of Turners From: Medium Density Residential
Subdivision No.3, according to the
map or plat thereof as recorded in Plat To: Institutional
Book 1, Page 53, of the public records
of Hillsborough County, Florida, of which
Pinellas County was formerly a part, and
Parce 1 B
The South 88 feet of Lots 1 and 2,
Block 12, Map of Turners Subdivision
No.3, according' to the map or plat
thereof as recorded in Plat Book 1,
Page 53, of the public records of
Hillsborough County, Florida, of which
Pinellas County was formerly a part.
(LUP93-26)
From: Residential/Office
To: Institutional
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S e c t ion 2. The City Co mm i s s ion doe she r e by c e r t i f y t hat t his 0 r din a nee i 5
consistent with the City's Comprehensive Plan.
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Section 3. This ordinance shall take effect immediately ~pon adoption,
subject to the approval of the land use designation by the Pinellas County Board
of County Commissioners. The Director of Planning and Development is authorized
to transmit to the Pinellas County Planning Council an application to amend the
Countywide Plan in order to achieve consistency with the Future Land Use Plan
Element of the City's Comprellensive Plan as amended by this ordinance.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
October 21, 1993
Rita Garvey
Mayor-Commissioner
Approved as to form and correctness:
Attest:
Cynthia E. Goudeau
City Clerk
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-LAND USE PLAN
ZONING
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CITY COt.AMISSIOH
RAHGF. \5" E ATLAS PAGE 2..955
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ORDINANCE NO. 5462-93
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
AMENDING THE ZONING ATLAS OF THE CITY BY REZONING
CERTAIN PROPERTIES LOCATED AT THE SOUTHEAST CORNER OF
THE INTERSECTION OF TURNER STREET AND ORANGE AVENUE,
CONSISTING OF LOT 4. MAP OF TURNERS SUBDIVISION NO.3,
WHOSE POST OFFICE ADDRESSES ARE 601, 605 AND 607 ORANGE
STREET, AND CERTAIN REAL' PROPERTIES ON THE WEST SIDE OF
BAY AVENUE, CONSISTING OF PART OF LOTS 1 AND 2, TURNER'S
THIRD ADDITION, WHOSE POST OFFICE ADDRESSES ARE 604 AND
606 BAY AVENUE, AS DESCRIBED MORE PARTICULARLY HEREIN,
FROM MUL TIPLE-FAMIL Y RESIDENTIAL 12 DISTRICT (RM 12) AND
LIMITED OFFICE TO PUBLIC/SEMI-PUBLIC; 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 in compliance
with Florida law; now, therefore,
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. The following described property in Clearwater, Florida, is
hereby rezoned, and the zonJng atlas of the City is amended as follows:
Property
Parcel A
ZoninQ District
Lot 4, Block 12, Map of Turners From: Multiple-Family Residential
Subdivision No.3, according to the 12 District - RM 12
map or plat thereof as recorded in
Plat Book 1, Page 53, of the public To: Public/Semi-Public
records of Hillsborough County,
Florida, of which Pinellas County
was formerly a part, and
Parcel B
The South 88 feet of Lots 1 and 2, From: Limited Office
Map of Turners Subdivision No.3,
according to the map or plat thereof To: Public/Semi-Public
as recorded in Plat Book 1, Page 53,
of the public records of Hillsborough
County, Florida, of which Pinellas County
was formerly a part. (Z 93-10)
Section 2. The City Commission does hereby certify that this ordinance is
consistent with the City's Comprehensive Plan.
~ection 3. The Planning and Development Director is directed to revise the
zoning atlas of the City in accordance with the foregoing amendmen~.
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Section 4. This ordinance shall take effect immediately upon adoption,
subject to the approval of the land use category set forth in Ordinance No. 5461-
93 by the Pinellas County Board of County Commissioner.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
October 21, 1993
Rita Garvey
Mayor-Commissioner
Approved as to form and correctness:
Attest:
Cynthia E. Goudeau
City Clerk
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LAND USE PLAN
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ATLAS PAGE 2955
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ORDINANCE NO.
5473 -93
1'7
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, RELATING TO TRAFFIC AND MOTOR
VEHICLES; AMENDING SECTION 30.057, CODE OF
ORDINANCES, TO INCREASE THE FINE FOR OVERTIME
PARKING FROM $5.00 TO $10.00; ADDING A NEW
SUBSECTION (9) TO SECTION 30.057, CODE OF
ORDINANCES, TO PROVIDE FOR A $5.00 SURCHARGE
ON ALL PARKING FINES TO BE USED TO FUND THE
SCH90L CROSSING GUARD PROGRAM; PROVIDING AN
EFFECTIVE DATE.
WHEREAS, a majority of municipalities within Pinellas county
impose an overtime parking fine of at least $10.00;
WHEREAS, the Florida Legislature amended Section 316.660,
Florida statutes (1992 Supp.) to grant authority to
municipalities to impose, by ordinance, a surcharge on parking
tickets for the sole purpose of funding school crossing guard
programs;
WHEREAS, the statute requires that the surcharge shall be
placed in a trust fund established by the city commission and
shall be distributed quarterly to fund the school crossing guard
program; now therefore
BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF CLEARWATER, FLORIDA:
Section 1.
Subsection (1) of Section 30.057, Code of
ordinances, is amended and a new Subsection (9) is added to
Section 30.057, Code of Ordinances, to read:
Sec. 30.057 Fines.
Any person who vio1ates any of the provisions of this
article shall be subject, upon conviction, to a fi.ne as follows:
(1) Overtime A-:l-l-ave-F,t-i-me parking, whether
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(2) Improper ~~~r~~ parking,
including but not limited to
taking two spaces, left side to
curb, parallel in diagonal space,
diagonal in parallel space,
backing into space, more than
maximum allowed from curb.....
$15.00
$15.00
(3) Double parking.. ... ..... ......
(4) No parking zone, including
but not limited to parking
without permit, near fireplug,
in reserved space, in alley,
on sidewalk, near railroad,
near intersection, in
driveway, loading zone, over
curb in parkway....... .......
$15.00
$10.00
$10.00
$100.00
(5) Motor running, no attendant..
(6) Keys in ignition.............
(7) Handicap parking space.......
(8)
Any other violation of this
article.. . . . . . . . . . . . . . . . . . . . . .
$15.00
1JU.
In addition to the other penalties provtded for herein
there is hereby imposed a surcha~e of $5.00 on all parking fines
to be used for funding a school crossing quard program. This
surchar.ge shall be paid by the clerk of the circuit court into
the school crossing quard trust fund, a special revenue fund
maintained by the city.
Funds collected from this surcharqe
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shall be distributed quarter Iv to fund a school crossinq quard
program as authorized bv section 316.660(3) , Florida statutes
(1992 Supp.).
Section 2. 'This ordinance shall take effect immediately
upon adoption.
PASSED ON FIRST READING
October 21, 1993
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Rita Garvey, Mayor-commissioner
Approved as to form and
correctn
Attest:
~
M. A. Galb
city Attor
Cynthia E. Goudeau
city Clerk
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O~OI N1\IICE NO. 5474-93
AN ORDtNMKE OF THE CITY OF CLEARWATER, FLORIDA,
MWEXING CERTAIN REAL PROPERTY LOCATED Ot4 TilE NORTH SIDE
OF SUNHYDALE BOULEVARD, EAST OF HERCULES AVENUE,
CONSISTING OF PART OF lOT 2, CLEARWATER INDUSTRIAL PARK,
WHOSE POST OFFICE ADDRESS IS 2088 AND 2090 SUNNYDALE
BOULEVARD, INTO TIlE CORPORATE lH.tITS OF THE CITY, AND
REDEF IN I NG TilE BOUNDARY L I lIE S OF THE C 1 T Y TO I UCL UOE
SAID ADDITION; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the owner of the real property described herein and depicted on
the map attached hereto as Exhibit A has petitioned the City of Clearwater to
annex the property into the City pursuant to Section 171.044, Florida Statutes,
and the City has complied with all applicable requirements of Florida law in
connection with this ordinance; now, therefore,
BE IT ORDAINED BY THE CITY COMr~ISSION OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. The following-described property is hereby annexed into the
City of Clearwater and the boundary lines of the City are redefined accordingly:
See Exhibit B attached hereto.
Section 2. The City Commission does hereby certify that this ordinance is
consistent ,tlith the City's Comprehensive Plan.. The City Commission hereby
accepts the dedication of all easements, parks, rights-of-way and other
dedications to the public which have heretofore been made by plat, deed or user
within the annexed property. The City Engineer, the City Clerk and the Planning
and Development Director are directed to include and show the property described
herein upon the official maps and records of the City.
See t j 0 n 3. T h j S 0 r din a nee S hall t a k e e f fee t i mme d i ate I y up 0 n ado p t j 0 n .
The City Clerk shall file certif ied copies of this ordinance, including the map
attached hereto, with the Clerk of the Circuit Court and with the County
Administrator of Pinellas County, Florida, ...,ithin 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
October 21, lq93
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Rita Garvey, Mayor-Commissioner
correctness:
,\ t t est :
Attorney
Cynthia E. Goudeau, City Clerk
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EXHIBIT ..\
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EXHIBIT B
The East 1.21\ acres of Lot 2, CLEARWATER ltWUSTRIAL PARK, as
recorded in Plat Book 44, Page 46, of the public records of Pinellas
County, Florida, more particularly described as follows: Begin at
the Southeast corner of said Lot 2 for a point of beginning; thence
North 89021'49" West along the North R.O.W. line of Sunnydale Blvd.,
163.74 feet; thence North 00017'47" West 330.14 feet; thence South
89010'38" East along the Horth line of said Lot 2, 163.75 feet;
thence South 00017'47" East along the East line of said Lot 2,
329.50 feet to the point of beginning.
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OROIHAHCE HO. 5475-93
AU ORDIHAflCE OF TIlE CITY OF CLEARWATER, FLORIDA,
,'\'HErmItfG TIlE FUTURE LAND USE PlAU ELENEUT OF TUE
CQt.\PREHENS I VE PLAN OF THE CITY, TO CHAUGE THE LAUD USE
DESIGNATION FOR CERTAIN REAL PROPERTY LOCATED ON THE
NOR TH S I DE OF SUWfYDAL E SOUL EV ARD , EAST OF HERCUlE S
AVENUE, CONSISTING OF PART OF LOT 2, CLEARWATER
INDUSTRIAL PARK, WHOSE POST OFFICE ADDRESS IS 2088 AND
2090 SUtH~YDAL E ROUL EV ARD , FROt-1 UNCLASS I F I ED TO
IIWUSTRIAL LIt-1ITED; PROVIDING AN EFFECTIVE DATE.
HIIEREAS, 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 und appropriate, and in compliance with Florida law; 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 C i t Y 0 f C 1 e a rwa t e r i S d me n d e d by c h a n 9 ; n 9 the 1 and use cat ego r y for the
hereinafter described property as follows:
Property
See Exhibit A attached. (LU~93-29)
Land Use Cateqory
From: Unclassified
To: Industrial limited
Section 2. The City Commission does hereby certify that this ordinance is
consistent with the City's comprehensive plan.
Section 3. This ordinance shall take effect immediately upon adoption,
contingent upon and subject to the adoption of Ordinance No. 5474-93.
PASSED ON FIRST READING
October 21, 1993
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Rita Garvey
Mayor-Commissioner
~pproved ~s to form and correctness:
Attest:
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,.,. '\. Ga 1 br-a i th, Jr,'.
C i t y.\t tor n c y '-./
Cynthia E. Goudeau
City Clerk
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EXHIBIT A
The East 1.24 acres of Lot 2, CLEARWATER INDUSTRIAL PARK, as
recorded in Plat Book 44, Page 46, of the public records of Pinellas
County, Florida, more particularly described as follows: Begin at
the Southeast corner of said lot 2 for a point of beginning; thence
tlorth 89021'49" West a long the North R.O.W. 1 ine of Sunnyda le Blvd.,
163.74 feet; thence North 00017'47" West 330.14 feet; thence South
89010'38" East along the North line of said Lot 2, 163.75 feet;
thence South 00017'47" East along the East line of said Lot 2,
329.60 feet to the point of beginning.
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ORDIHAHCE HO. 5476-93
~o
AN ORDWAUCE OF THE CITY OF CLEARWATER, FLORIDA,
AHElfDlNG THE ZOlllllG ATLAS OF THE CI TY BY ZONING CERTAIN
REAL PROPER TY LOCATED orf THE IWRTH S IDE OF SUtlNYDALE
BOULEVARD, EAST OF HERCULES AVENUE, CONSISTING OF PART
OF LOT 2, CLEAR~IATER INDUSTRIAL PARK, WHOSE POST OFFICE
ADDRESS IS 2088 AND 2090 SUNNYDALE BOULEVARD, AS
DESCRIBED MORE PARTICULARLY HERE IN, UPON ANHEXATION uno
THE CITY OF CLEARWATER, AS LIMITED INDUSTRIAL (IL);
PROVIDING AN EFFECTIVE DATE.
W HER E AS, the ass i 9 n me n t 0 f a Z 0 n i n g d i s t r i c tel ass i f i cat ion ass e t for t h
in this ordinance is found to be reasonable, proper and appropriate, and in
compliance with Florida law; now, therefore,
BE IT ORDAINED BY THE CITY CO~1MISSION OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. The following described property located in Pinellas County,
Florida, is hereby zoned as indicated upon annexation into the City of
Clearwater, and the zoning atlas of the City is amended, as follows:
Property
Zoninq District
See Exhibit A attached. (A93-21)
IL - Limited Industrial
Section 2. The City Commission does hereby certify that this ordinance is
consistent with the City's comprehensive plan.
Section 3. The Planning and Development Director is directed to revise the
zoning atlas of the 'City in accordance with the foregoing amendment.
Section 4. This orfinance shall take effect immediately upon adoption,
contingent upon and subject to the adoption of Ordinance No. 5474-93.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
October 21, 19q1
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Cynthia E. Goudeau, City crerk
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EXHIBIT A
1. 24
CLEARWATER IHDUSTRIAL PARK,
of the public records of
described as follows: Begin
said Lot 2 for a point of beginning; thence
the North R.O.W. line of Sunnydale Blvd.,
00017'47" West 330.14 feet; thence South
the Horth line of said Lot 2, 163.75 feet;
00017'47" Eas,t along the East line of said Lot 2,
the point of beginning.
The East
recorded in Plat Book
County, Florida, more
the Southeast corner
North 89021' 49" Wes t
153.74 feet; thence Harth
89010138" East along
thence South
329.60 feet to
Lot
2,
as
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ORDINANCE NO. 5486-93
AN ORDINANCE OF THE CITY OF CLEARWATER RELATING TO
BUILDINGS AND BUILDING REGULATIONS; AMENDING SECTION
47.161, CODE OF ORDINANCES; AMENDING CERTAIN SECTIONS
OF TilE STANDARD UNSAFE BUILDING ABATEMENT CODE RELATING
TO UNSAFE BUILDINGS AND SYSTEMS, TO REDUCE THE TIME
WITlIIN WIIICII PERMITS SHALL BE OBTAINED AND WORK
COMMENCED FOLLOWING NOTICE OF AN UNSAFE BUILDING OR
SYSTEM; TO REQUIRE TIIAT NECESSARY REPAIRS, SECURITY, OR
DEMOLITION BE COMPLETED HITlIIN TWENTY DAYS FOLLOWING
ISSUANCE OF TIlE PERMIT FOn SUCH WORK; TO PROVIDE FOR TilE
IMMEDIATE VACATION OF AN OCCUPIED BUILDING OR STRUCTURE
WIlIeH CONSTITUTES AN IMNEDIATE HAZARD TO LIFE OR TO TilE
SAfETY OF THE OCCUPANTS AND THE PUBLIC; TO LIMIT THE
TIME IN WHICH A BUILDING OR STRUCTURE MAY BE SECURED OR
BOARDED UP; TO PROVIDE FOR NOTICES AND APPEALS; AND TO
PROVI DE FOR ENFORCEMENT BY THE MUNI CIPAL CODE
ENFORCEMENT BOARD; PROVIDING AN EFFECTIVE DATE.
QE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. Section 47.161, Code of Ordinances, is amended to read:
Sec. 47.161. Declared illegal; amendments to standard code.
(1) All buildings, structures, or electrical, gas, mechanical or plumbing
systems which are unsafe or unsanitary, or which do not provide adequate egress,
or which constitute a fire hazard, or which are otherwise dangerous to human
1 ife I or which,--:i'A-re+a-t-l-Gn to €*4-s-t-:i-n~-use, consti tute a hazard to safety or
health, are considered unsafe buildings, structures or service systems and are
hereby declared illegal..:.. All such unsafe bu;ldinQ, structures or service systems
~G shall be abated by repair and rehabilitation or by demolition in accordance
with the provisions of tile Standard Unsafe Building Abatement Code~ adopted in
section 47.051 of this Code of Ordinances, with the following amendments:
Section 105. Section 105 is amended to read in its entirety:
105. Board of adjustment and appeals. The building/flood board of
adjus tl1lent and appea 1 5 sha 11 ha ve the authori ty to prov i de for
adjustments and appeals to the Standard for Unsafe Building
Abatement Code, and sha 11 have the authority to make the fina 1
interpretation of provisions of such code. This section shall not
be construed as deprivinq the Municipal Code Enforcement Board of
its authority to conduct hearinQs relatinq to violations of the
Standard Unsafe Building Abatement Code or to carry out its powers
pursuant to Division 9 of Article III of Chapter 2 of the Code of
Ordinances.
, '
Section 302.1.1, parag~aph 3.1. Paragraph 3.1 of section 302.1.1 is amended to
read:
3.1. If the building or structure is to be repaired or secured, the
notice shall require that all necessary permits be secured and the
work commenced within seven -ten- calendar days followinq service of
notice ~P-4n-5u&h time as deteAn~e~a~~e-building official, and
that the work be completed within 20 calendar days followinq
issuance of the permit G-r-l~IC JS the-building official
-de-term4-fle%. The notice shall also indicate the degree to which the
repairs nwst comply with the provisions of the Standard Building
Code, in accordance wi tll sec t ion 101. 4 of th i s Standard Unsafe
Building Abatement Code.
Section 302.1.1, paragraph 3.3. Paragraph 3.3 of section 302.1.1 ;s amended to
read:
3.3. If the building or structure is to be demolished, the notice
shall require that the premises be vacated within 30 calendar days
followinQ service of notice, or inunediatelv followinQ service of
notice in the case of an occupied buildinQ or structure which
constitutes an immediate hazard to life or to the safety of the
occupants and the public. ~ortcr ti~e as doterm~ed by the-buildinfr
official, and The notice shall also require that all required'
permits for demo"' ition be secured and the work commenced within
seven calendar days followinQ service of notice. and that the
demolition be completed within-5u~~s detcrnH~ed rea~nablc by
the bH-i-tf:l.-l.Rff-efficial, bll-t- within no longer than 20 calendar days
followinq issuance of the permit. .
Section 302.1.1, paragraph 4. Paragraph 4 of section 302.1.1 is amended to read:
4. A statement advising that any person having any legal QL
,equitable interest in the property may appeal the notice by the
building official to the building/flood board of adjustment and
appeals; that such appeal shall be in writing in the form specified
in section 401 of this Standard Unsafe Building Abatement Code and
shall be fi led with the building official within seven -tell calendar
days followinQ service #e~e of the notice; that upon a
failure to appeal in the time specified. the notice shall constitute
a final order and no additional notice shall be required or
provided: and that failure to appea 1 in the time specified will
constitute a waiver of all rights to an administrative hearing.
Section 303. Section 303 is amended to read in it~ entirety:
303. Standards For Compliance. The following action shall be taken
by the building official when ordering the repair, vacation or
demolition of an unsafe building or structure:
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b. The building official shall cause the building or
structure to be made safe. If the cost to repair is more
than 50 percent of the va 1 ue of tha t bu i 1 ding or
structure, the building official shall order the
building or structure demolished.
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1. The building shall be ordered repaired in accordance with the
Standard Building Code or demolished at the option of the owner.
2. If the building or structure constitutes f1e-se-5- an immediate
hazard to life or to the safety of the public:
a. The buildinQ official shall order the building or
structure -sfl.a-l-l-Bc ordeFe4 vacated immediately; and
3. The buildinQ or structure may be secured or boarded UP for a
maximum of 30 calendar days. after which time the necessary repairs
or construction. alterations. removal. or demolition shall have been
commenced and completed: provided. that if an appeal has been taken.
the buildina or structure may be secured or boarded UP durinQ the
pendency of the appeal and for such additional time as the reyiewinq
board may allow.
4. The buildinq official may extend a deadline for repalrlna.
securinQ or boardina UP. or demolishing a buildina or structure upon
a showing of aood cause by the owner, and upon a showina by the
owner that the owner has entered into a contract with a licensed
contractor to perform the necessary work. To allow the owner to be
eliQible for a deadline extension, the contract shall require the
necessary work to be commenced not later than 60 days followinQ
service of notice to the owner and shall require the work to be
completed not later than 30 days followinQ commencement of the work
if the work consists of nonstructural repairs. or not later than 90
days followina commencement of the work if the work consists of
s tructura 1 repa i rs or demo 1 it i on of the bu i 1 d i nQ or structure.
However. if the b.uildinQ or structure constitutes an immediate
hazard to life or to the safety of the occupants and the public, the
deadline to vacate the buildina shall not be extended. the building
or structure shall be secured aaainst entry by trespassers. and any
exterior repairs necessary to remove hazards to persons outside the
buildina or structure shall be performed to the satisfaction of the
buildinQ official as a prerequisite to an extension of a deadline.
3'
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401.1. Right of Appeal--Filing.
Section 401.1. Section 401.1 is amended to read in its entirety:
Any person entitled to service in accordance with the provisions of
chapter 3 of th i s Standard Uns afe Bu i 1 ding Abatement Code may appea 1
any action of the building official under this code to the
building/flood board of adjustment and appeals. Such appeal must be
f i 1 e din wr it i n g wit h the b u i 1 din g 0 f f i cia 1 wit h ins eve n :teA-
calendar days from the date of service on a form provided by the
building official containing at least the following information:
1. Identification of the building or structure -e9A-€e-r-ne.a. by street
address or legal description.
2. A statement identifying the legal or equitable interest of each
appellant.
3. A statement identifying the specific order of the building
official or section of the code being appealed.
4. A statement detailing the issues on wtlich the appellant desires
to be heard.
5. The +e~ signature of all appellants and their official mailing
addresses.
6. An application fee as determined in the fee schedule. If
appellant is successful, the fee will be refunded.
Chapter 5. Chapter 5 is amended to read in its entirety:
501.1 As an alternative code enforcement remedy. the Municipal Code
Enforcement Board is hereby authorized to conduct hearinQs relatinQ
to violations of the Standard Unsafe BuildinQ Abatement Code. In
any case in which the Board finds that a violation has occurred, the
Board may order corrective action to be taken by a date certain.
which corrective action may include the repair, improvement.
vacation, or demolition of the buildinQ or structure. and may
otherwise carry out its powers pursuant to Division 9 of Article III
of Chapter 2 of the Code of Ordi nances re 1 at inq to any such
violations.
See-t-:t,an-601.4.2. Scctiof\-501.1.2 is ameneed to read in it~ entirety'
501.2 -601.4.2. The hearing notice shall be served personally or
mailed as required by section 302.1.3 of this Standard Unsafe
Bu il ding Abatement Code at 1 eas t seven -te-R- ca 1 enda r days pr i or to
the hearing date.
4
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-&ee-t-i,efl-igS. Sect i oR-605 i $ afHeflaod to read in its cnt i rety I-
502 ~~ Judicial review. The decision of the building/flood board
of adjustment and appeals shall be subject to judicial review in the
circuit court by comlllon law certiorari.
(2) Those provisions of the Standard Unsafe Building Abatement Code not
expressly amended by this section 47.161 shall continue in full force and effect.
Section 2. This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
October 21, 1993
Attest:
Rita Garvey
Mayor-Commissioner
Approved as to Form and Correctness:
Cynthia,E. Goudeau
City Clerk
M~A. Galbraith, Jr.
City Attorney
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AGENDA
:.DATE
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,ITEM #
23
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MOTION TO AMEND ORDINANCE 5490-93
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On page 12, in Sec. 41.510(2), after "limited industrial district" insert
"and commercial center district.1f
MOTION TO AMEND ORDINANCE 5490-93
On
insert "and
page "12, ; n Sect ion
highway commercial
41.510(2),
districLII
after
"limited
industrial
district'"
,},-. ,
ORDINANCE NO. 5490-93
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, RELATING TO "ADULT
USE ESTABLISHMENTS;" CREATING A NEW ARTICLE V WITHIN CHAPTER 41,
CODE OF ORDINANCES, TO ESTABLISH REGULATIONS FOR THE OPERATION OF
CERTAIN KINDS OF BUSINESS ESTABLISHMENTS; ADOPTING A STATEMENT OF
PURPOSE AND LEGISLATIVE FINDINGS; DEFINING TERMS; ESTABLISHING
MINIMUM DISTANCES AND OTHER LOCATIONAL REQUIREMENTS; PROVIDING FOR
THE AMORTIZATION OF NONCONFORMING ADULT USE ESTABLISHMENTS;
REQUIRING CERTIFICATES OF COMPLIANCE OR PROVISIONAL CERTIFICATES OF
COMPLIANCE AND ADULT USE LICENSES FOR ADULT USE ESTABLISHMENTS, AND
ESTABLISHING REQUIREMENTS FOR FILING, REVIEW PROCEDURES, AND OTHER
REQUIREMENTS; PROVIDING FOR HARDSHIP RELIEF; ESTABLISHING
OPERATIONAL REQUIREMENTS; PROHIBITING CERTAIN CONDUCT BY OPERATORS
OF ADULT USE ESTABLISHMENTS, BY THEIR EMPLOYEES, AND BY PATRONS
WITHIN ADULT USE ESTABLISHMENTS; ESTABLISHING HOURS OF OPERATION;
PROVIDING FOR ENFORCEMENT; PROVIDING FOR THE SUSPENSION OR
REVOCATION OF ADULT USE LICENSES; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Commission of Clearwater, Florida (the "City
Commissionll), has considered the following reports, studies, and judicial
opinions concerning the adverse secondary effects of adult uses on the community:
(a) Findings of the City Planning Commission for the City of New York
dated January 26, 1977.
(b) Report On ZoninQ and Other Methods of Reaulatinq Adult Entertainment
in Amarillo rTexasl, dated September 13, 1977.
(c) Northend Cinema Inc. v. Seattle, 90 Wash.2d 709, 585 P.2d 1153
(1978).
Cd) ReQulation of Criminal Activity and Adult Businesses,
City of Phoenix, Arizona, May, 1979.
(e) Report to the City Planning Commission and City Council from the
Planning Department of the City of Beaumont, Texas, dated September 14, 1982.
(f) LeQi slat i ve Report on an Ord i nance Amend i nQ Sect ion 28-73 of the Code
of Ordinances of the City of Houston. Texas; ProvidinQ for the ReQulation of
Sexually Oriented Commercial Enterprises. Adult Bookstores, Adult Movie Theaters
and Massaqe Establishments; and Makino Various Provisions and FinainQs RelatinQ
to the Subject, a report prepared by the Committee on the Proposed Regulation of
Sexually Oriented Businesses, dated 1983.
(g) Adult Entertainment Businesses in Indianapolis, an analysis pr'epared
by the Department of Metropolitan Development, dated February, 1984.
(h) Adult Entertainment Business in Oklahoma CitY1 A Survey of Real
Estate Appraisers, a report prepared by the Community Development Department of
the City of Oklahoma City, Oklahoma, dated March 3, 1986.
(i) Report on Adult Oriented Business in Austin, a report prepared by the
Special Programs Division of the Office of Land Development Services of the City
", ,,' , ,~'." :'j'.. '
of Austin, Texas, dated May 19, 1986.
(j) Summary of 1 and use stud ies on secondary effects of adu 1 t uses
conducted by Garden Grove, California; Whittier, California; Cleveland, Ohio; and
Los Angeles, California.
(k) Summary and presentation of Pinellas County Sheriff's Officers'
report detailing the criminal activities associated with adult uses in Pinellas
County, which was presented to the Board of County Commissioners at a public
hearing on June 16, 1987, during which Pine1las County Ordinance 87-45 was
adopted.
(1) Summary of Pinellas County Sheriff's Incident Reports compiled for ~
a public hearing before the Board of Pinellas County Commissioners on July 10,
1990; and
WHEREAS, the City Commission has determined that this Ordinance is
necessary to prevent crime, protect the City's retail trade, maintain property
va 1 ues, and protect and preserve the qua 1 i ty of the City's nei ghborhoods,
commercial districts, and the quality of urban life;
WHEREAS, the Surgeon General of the United States in his report of October
22, 1986, has advised the American public that HIV (Human Immunodeficiency Virus)
and AIDS (Acquired Immune Deficiency Syndrome), the late stage of infection with
the HIV virus, may be transmitted through sexual contact, intravenous drug abuse,
exposure to infected blood and blood components, and from an infected mother to
her newborn;
WHEREAS, according to the best scientific evidence, AIDS and HIV infection,
as well as syphilis and gonorrhea are principally transmitted by sexual acts;
WHEREAS, accord i ng to the best sc ient i.f i c ev i dence, numerous other diseases
and infestations, including chlamydia, pelvic inflammatory disease, chancroid,
herpes, hepatitis B, lymphogranuloma venereum, granuloma inguinale, genital
warts, trichomoniasis, scabies, pediculosis, amebiasis, giardiasis, and others
are transmitted by sexual acts;
WHEREAS, sanitary conditions in some Adult Use Establishments are
unhealthful, in part because of the unregulated nature of the activities, because
of the failure of owners and operators of the facilities to self-regulate those
activities, and because of the frequent substandard construction and maintenance
of those facilities;
WHEREAS, the Un i ted States Centers for Di sease Contro 1 have issued
universal precautions, including housekeeping and disinfection guidelines for the
prevention of transmission of the HIV virus and other diseases, which guidelines
should be followed by Adult Use Establishments;
WHEREAS, Sexually Transmitted Disease Clinic patients interviewed by
Disease Intervention Specialists of the Pinellas County Health Department have
admitted sexua 1 contacts with patrons and employees at various' Adult Use
Establishments;
2
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WHEREAS, employees of adult use establ ishments engage in a higher incidence
of certa i n types of sexua 1 behav ior than emp loyees of other estab 1 i shments
including offering to perform sexual acts;
WHEREAS, sexual acts are a regular occurrente at the adult use
establishments I especially in private or semi-private booths or cubicles for
Yiewing films or live performances depicting specified anatomical areas and
specified sexual activity;
WHEREAS, offering and providing such space, areas, and rooms where such
activities take place creates conditions that generate prostitution, lewd and
lascivious conduct, and other crimes, thus promoting the spread of communicable
diseases and infestat ions and pos i ng a threat to the hea 1 th of ernp 1 oyees,
patrons, and the public;
WHEREAS, persons frequent certa i n adu 1 t theaters for the purpose of
providing sex within the premises of such adult theaters;
WHEREAS, staff members of the Pinellas County Sheriff's Office and the
Pinellas County Health Department have found semen in the areas of Adult Use
Establishments where persons view adult-oriented films or witness sexually
explicit live entertainment;
WHEREAS, ming 1 ing and sexua 1 contact between patrons and emp loyees in Adu lt
Use Establ ishments is generally initiated by the exchange of money and may
reasonab 1 y be expected to serve as an opportun i ty to so 1 i c i t for and an
inducement to agree to unprotected sexual activity, including but not limited to
prostitution, and thus poses a threat to the health of both groups and promotes
the spread of communicable diseases and infestations;
WHEREAS, Pinellas County has experienced an increasing number of reported
cases,of AIDS;
WHEREAS, when the previously described activities characteristic of Adult
Use Establishments are present, other activities which are illegal or unhealthful
tend to accompany them, concentrate around them and be aggravated by them,
including but not limited to prostitution, pandering, solicitation for
prostitution, lewd and lascivious behavior, exposing minors to harmful materials,
and possession, distribution and transportation of obscene materials;
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WHEREAS, the City Commission recognizes that Adult Use Establ ishrnents
affect surrounding sites in a deleterious manner, particularly when several adult
uses are concentrated, and that special regulation of these uses is necessary to
insure that these effects will not contribute to the blighting dr downgrading of
the surrounding neighborhood;
WHEREAS, the City Planning and Zoning Department has conducted a study to
determine the amount of available land area within the City for adult uses after
the adoption of this Ordinance. This study has found that given the dense
population of the City, distance requirements of 300 feet between adult uses and
resid~ntially zoned property, a church, a school, or a public recreation area
provide_a sufficient area in which adult uses could be located in compliance with
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constitutional requirements. The City Commission, therefore, finds that the 300
foot distance requirement is a reasonable balance between the concern for the
publ ic health, safety and welfare ~f the citizens and a constitutionally mandated
need to provide a sufficient area for adult uses to be located;
WHEREAS, the City Commission has determined that adult uses should be
dispersed rather than concentrated and finds that a minimum distance of 1,000
feet between adult uses serves an important function in preventing the
concentration of adult uses. The City Commission, therefore, finds that the
1,000 foot distance requirement is a reasonable balance between the concern for
the public health, safety and welfare of the citizens and a constitutionally
mandated need to provide a sufficient area for adult uses to be located;
WHEREAS, the City Commission has determined that a one-year amortization
period for non-conforming adult uses is reasonable in that the premises affected
by this Ordinance are readily adaptable to conforming uses; now therefore
...
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. A new Article V, consisting of Sections 41.501 through 41.603,
is added to Chapter 41, Code of Ordinances, to read:
CHAPTER 41. SPECIAL LAND USES
ARTICLE V. ADULT USES
DIVISION 1. GENERALLY
Sec. 41.501. Title.
This Article, as added to the Clearwater Code of Ordinances by Ordinance
'5490-93, and as the same may be amended from time to time, may be known and cited
as the "Adult Use Regulation Ordinance."
Sec. 41.502. Construction.
The Adult Use Regulation Ordinance shall be broadly construed to accomplish
its purpose of regulating adult uses and related activities.
Sec. 41.503. Purpose.
The purpose and intent of the City Commission in adopting the Adult Use
Regulation Ordinance is to establish reasonable and uniform regulations that will
protect the health, safety, and general welfare of the residents of the City.
The provisions hereof, alone or together with other applicable ordinances, are
not intended to have the effect of imposing a limitation or restriction upon the
content of any communicative materials, including adult materials. It is not the
intent of this Article to restrict or deny access by adults to adult materials
or expression protected by the First Amendment, or to deny access by distributors
and exhibitors of adult uses to their intended market, nor shall this Article be
construed as having such effect. Rather, it is the intent of this Article to
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regulate the secondary effects of adult U5e establ ishments upon the publ ic
health, safety, and general welfare, and to impose only incidental restrictions
on First Amendment freedoms which are no greater than are essential to the
furtherance of such intent.
Sec. 41.504. Legislative Findings.
The City Commission finds and declares that:
(1) The findings set forth in the preamble to this Ordinance (Ordinance
5490-93) are incorporated herein by reference.
(2) The concerns raised in the findings incorporated by reference in
subsection (1) raise substantial governmental concerns.
(3) Adult use establ ishments have operational characteristics that should
be reasonab 1 y regu 1 ated in order to protect those substant i a 1 governmental
concerns.
(4) Requiring adult use establishments to obtain an adult use license is
an appropriate mechanism to ensure that the adult use establishment is operated
in a manner consistent with the health, safety and welfare of its patrons and
employees as well as the residents of the City and the public at large. Among
other th i ngs, it is appropri ate to requ i re reasonab le assurances that the
applicant is the actual owner or operator of the adult use establishment, fully
in possession and control of the premise~ and the activities occurring therein.
Moreover, because a substantial relationship exists between adult use
establishments and the commission of sexually related crimes on the premises of
those businesses, a substantial justification exists for barring those
individuals convicted of certain sexually related crimes from managing adult use
establishments until a limited disqualification period has transpired in which
those individuals have demonstrated that they are no longer criminally inclined
to commit certain sexually related crimes.
(5) Adult use establishments are a pervasively regulated industry making
reasonable inspections and administrative searches necessary to enforce
regulatory standards.
(6) Removing doors on adult booths and requiring sufficient lighting in
adu 1 t theaters advances the substant i a 1 governmenta 1 interest in curb i ng the
illegal and unsanitary sexual activity occurring at adult theaters.
(7) The prevention of sexual contact between patrons and employees at
adult use establishments is unrelated to the suppression of free expression, but
serves to address the concerns raised in the findings contained herein.
(8) Separating dancers from patrons and prohibiting dancers and patrons
from engaging in sexual fondling and caressing in special cabarets would reduce
the opportunity for prostitution and thus should deter prostitution and the
spread of communicable diseases and infestations. Although a dancer's erotic
message may be sl ightly less effective when viewed from the minimum distance
prescribed herein, the abi 1 ity to engage in the protected expression is not
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significantly impaired.
(9) Requiring that the facilities of adult theaters be constructed of
materials that may be cleaned easily, that the facilities be cleaned on a regular
basis, and that the employees cleaning the facilities take reasonable precautions
to avoid contact with possible disease-transmitting media is reasonably related
to the protection of both employees and patrons from sexually transmitted
diseases.
(10) Requiring operators of adult use establishments to keep information
regarding current employees and certain past employees will help reduce the
incidence of certain types of criminal behavior by facilitating the
identification of potential witnesses or suspects and by preventing minors from
Working in such establishm~nts.
(11) The disclosure of certain information by those persons ultimately
res pons i b 1 e for the day-to-day operat ion and ma i ntenance of the adu lt use
establishment is substantially related to the significant governmental interest
of reducing or eliminating the criminal activity associated with adult use
establishments.
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(12) It is desirable in the prevention of the spread of communicable
diseases and in the investigation of criminal activity to obtain a limited amount
of information regarding certain employees who either engage in the conduct that
this ordinance is designed to prevent or are likely to be witnesses to such
activity.
(13) Although the weight of evidence shows that adult bookstores or video
stores selling or renting only adult material and having no adult booth/theater
component have similar secondary effects as other adult uses, such bookstores or
video stores do not promote the transmission of sexual diseases on the premises.
Therefore, an exemption for such limited adult establishments from some of the
requirements, but not the locational requirements of this ordinance, is
appropriate. '
Sec. 41.505. Definitions.
The following words, terms, and phrases, when used in this article, shall
have the meanings ascribed to them in this section, except where the context
clearly indicates a different meaning.
"Adult arcade" means a place to which the public is permitted or invited
and where coin-operated or slug-operated or electronically, electrically, or
mechanically controlled still or motion picture machines, projectors, or other
image-producing devices are maintained to show to patrons images whose dominant
or predominant character or theme is the depi ct ion of II specified sexua 1
activities" or "specified anatomical areas.1I
6
"Adult bookstore or video store" means an establishment that derives more
than half of its gross revenue from selling or renting adult material, or an
establishment for which more than half of its stock in trade consists of adult
material. In measuring stock in trade for the purpose of this definition, the
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number of units of articles available for sale or rent shall be counted. Any
"adult use" activity occurring on the premises other than the sale or rental of
adult material shall preclude the establ ishmentl s qualifying solely as an "adult
bookstore or video storell and shall require the classification of the
establishment as an adult use other than an "adult bookstore or video store."
"Adult booth" means a separate enclosure inside an "adult use
establishment," accessible to any person, regardless of whether a fee is charged
for access. The term "adult booth" includes, but is not limited to, a "peep show"
booth, "adult arcade" booth, or other booth used to view "adult material." The
term "adu 1 t boothll does not i nc lude a restroom or a foyer through wh i ch any
person can enter or exit the establishment.
"Adult material" means anyone or more of the following, regardless of
whether it is new or used: books, magazines, periodicals or other printed matter,
paintings, drawings, or other publications or graphic media, or photographs,
slides, transparencies, films, motion pictures, video or audio cassettes, video
or computer disks, or other visual or audio representations or recordings, or
computer data storage media, which have as their primary or dominant theme matter
depicting, illustrating, describing or relating to "specified sexual activities"
or lIspecified anatomical areas;" or instruments, novelties, devices or
paraphernalia which are designed for use in connection with lIspecified sexual
activities."
"Adult modeling or activity centerll means an establishment, other than an
"adult bookstore or video store," "adult photographic studio," "adult theater,1I
or "special cabaret," where one or more employees model, demonstrate or present
any object for sale, or provide any service to patrons, while the employee or
employees exhibit "specified anatomical areas."
"Adult photographic studioll includes any business establishment which
'offers or advertises as its primary business the use of its premises for the
purpose of photographing "specified sexual acti.vities" or IIspecified anatomical
areas."
"Adult theater" means an enclosed building or an enclosed space within a
building, or an open-air area used for presenting as a preponderance of its
entertainment, films, motion pictures, video cassettes or disks, slides or
similar photographic reproductions, recordings or other audio matter, or live
plays, dances, or other performances, either by individuals or groups, whose
dominant or predominant character or theme is the depiction or description of
IIspecified sexual activities" or "specified anatomical areas" for the
entertainment of patrons therein. The term includes, but is not limited to, an
establishment that has one or more lIadult booths" or an "adult arcade.1I
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"Adult use" shall be defined to include the terms "adult arcade," "adult
bookstore or video store," "adult booth,lI "adult theater," "special cabarets,"
"adult photographic studios,1I or "adult modeling or activity centers.:'
"Adult use establishment" means a site or premises, or portion thereof,
upon which "adult use" activities or operations are conducted.
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IIAlcoholic beverage" shall mean a beverage containing more than one percent
of alcohol by weight. It shall be prima facie evidence that a beverage is an
alcoholic beverage if there is proof that the beverage in question was or is
known as whiskey, moonshine whiskey, shine, rum, gin, tequila, vodka, scotch,
scotch whiskey, brandy, beer, malt liquor, or by any other similar name or names,
or was contained in a bottle or can labeled as any of the above names or a name
similar thereto, and th~ bottle or can bears the manufacturer1s insignia, name,
or trademark. Any person who, by experience in the handling of alcoholic
beverages, or by taste, sme 11, or dr i nk; ng of such a 1 coho 1 i c beverages has
knowledge of the alcoholic nature thereof, may testify as to his opinion about
whether such beverage is an alcoholic beverage.
IIAppl icant" means any person as defined in Section 1.02 who has appl ied for
a certificate of compliance, a provisional certificate of compliance, or an adult
use license.
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"Chapter," lIarticle, II "division, II "section," "subsection, II IIparagraphll or
IIsubparagraphll means a reference to a provision contained within the Code of
Ordinances of the City of Clearwater, unless the context expressly refers to the
Florida Statutes or other document.
"Churchll means a premises or site which is used primarily or exclusively
for religious worship and related activities.
"Convictedll means a determination of guilt resulting from a plea or trial,
regardless of whether adjudication was withheld or whether imposition of sentence
was suspended.
"Development code administrator" means the person appointed by the city
manager pursuant to Section 36.031 of the city code, or any person designated to
act on behalf of the development code administrator.
"Employee" means a person who works or performs or provides services in
connection with an lIadult use establishment," regardless of whether said person
is paid a salary or wage, or is an independent contractor, provided such person
has a relationship with the business of or entertainment or services provided by
the adult use. The term includes, but is not limited to, performers, managers,
assistant managers, stockpersons, tellers, entertainers, bartenders, disc
jockeys, sales clerks, ticket takers, waiters or waitresses, doormen, movie
projectionists, and dancers. The term is not meant to include repairmen,
janitorial personnel, or the like, who are only indirectly involved in
facil itating the operation of or entertainment or services provided in the lIadult
use establishment."
, "Estab 1 i shed or commenced bus i ness II means one of the fo llowi ng:
(a) Properly licensed and open to the public for business on or before
October 18, 1993, and offering one or more activities or entertainment fitting
the definition of lIadult use;"
(b) Possessed a current, valid and unexpired occupational license on or
before October 18, 1993, for one or more activities or entertainment fitting the
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definition of "adult use;1I or
(c) Submitted, on or before October 18, 1993, a complete and acceptable,
conditional use application or a building permit application on which the
appl icant stated that the proposed use was for one or more activities or
entertainment fitting the definition of "adult use."
"Florida Statutesll means the general law of Florida and any amendments
thereto enacted by the Florida Legislature prior to or during the regular session
of 1993 and still in effect, and any amendments thereto which may be enacted
after the adoption of this Ordinance.
"Law enforcement officer" means any person who is appointed or employed by
the City, who is vested with authority to bear arms and make arrests, and whose
primary responsibility is the prevention and detection of crime or the
enforcement of the criminal or traffic laws of the state.
"Licensee" means any person whose application for an "adult use" license
has been granted and who owns, possesses, operates, and controls the "adult use
establishment. II
"Non-conforming adult use establishmentll means an "adult use establishment"
that has established or commenced business at its existing location prior to
October 18, 1993, and that is not in conformity with the locational requirements
of this Ordinance.
"Operator" means any person who engages in or performs any supervisory
activity which is necessary to or which facilitates the operation of an lIadult
use establishment, II including but not limited to, the licensee, manager, doorman,
bartender, disc jockey, sales clerk, ticket taker, movie projectionist, or other
employee.
"Ordinancell or "this Ordinance" means this Adult Use Regulation Ordinance
(Ord~nance 5490-93), unless the context clearly indicates otherwise.
"Patron" means any natura 1 person present on the "adult use" premises other
than an operator or employee.
"Person" means as defined in Section 1.02.
"Private performance II means the display or exposure of any "specified
anatomical areall by an employee of an "adult use establishment" to a patron while
the employee is -in an area not accessible during such display to all other
persons in the establishment, or while the employee is in an area in which the
employee is totally or partially screened or partitioned during such display from
the view of all persons outside the area.
"Public recreation areall means a tract of land which is used for a public
park or public beach..
"Residentially zoned property II means any parcel of property located in a
zoning district for which the zoning district regulations are contained in
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Divisions 2 through and including 12 and the Residential Planned Development
District described in Division 13 of Article II of Chapter 40.
"Schoolll means a premises or site upon which there is a public or private
child day care facility, elementary school, junior high school, middle school,
senior high school, or exceptional learning center. Howeyer, the term "school"
does not include a premises or site upon which there is an institution devoted
solely to vocational or professional education or training or an institution of
higher education, including, but not limited to, a community college, junior
college, four-year college or university.
"Special cabaret" means any bar, dance hall, restaurant, or other place of
business which features dancers, go-go dancers, exotic dancers, strippers, male
or female impersonators, or similar entertainers, or waiters or waitresses that
engage in "specified sexual activities" or display IIspecified anatomical areas."
"Specified anatomical area" means:
(a) Less than' completely or opaquely covered:
1. Human genitals or pubic region; or
2. The entire cleft of the male or female buttocks. Attire that
is insufficient to comply with this requirement includes, but is not limited to"
G-strings, T-backs, and thongs; or
3. That portion of the human female breast directly or laterally
below a point immediately above the top of the areola; this definition shall
include the entire lower portion of the human female breast, but shall not
include any portion of the cleavage of the human female breast exhibited by a
dress, blouse, shirt, leotard, bathing suit, or other wearing apparel, provided
the areola is not exposed.
(b) Human male genitals in a discernible turgid state, even if completely
and opaquely covered.
"Specified criminal act" means:
An offense under Chapter 794, Florida Statutes (relating to sexual
., (a)
battery) ;
(b) An offense under Chapter 796, Florida Statutes (relating to
prostitution);
(c) An offense under Chapter 800, Flori~a Statutes (relating to lewdness
and indecent exposure);
(d) An offense under Chapter 847, Florida Statutes (relating to obscene
materials); or
(e) An offense under an analogous statute of a state other than Florida,
or under an analogous ordinance of another county or city.
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"Specified sexual activity" means:
(a) Human genitals in a state of sexual stimulation, arousal or
tumescence; or
(b) Acts of anilingus, bestiality, cunnilingus, coprophagy, coprophilia,
fellation, flagellation, masochism, masturbation, necrophilia, pederasty,
pedophil ia, sadism, sadomasochism, sapphism, sexual intercourse, sodomy, or
urolagnia; or
(c) Fondling or other erotic touching of human genitals, pubic region,
buttock, anus or female breast; or
(d) Excretory funct ions as part of or in connect ion with any of the
activities set forth in paragraphs (a) through (c) of this definition.
Sec. 41.506. Regulation of Obscenity Subject to State Law.
It is not the intent of the City Commission to legislate with respect to
matters of obscenity. These matters are regulated by state law, including
Chapter 847, Florida Statutes.
Sec. 41.507. Regulation of Massage Establishments Subject to State Law.
It is not the intent of the City Commission to legislate with respect to
matters of massage establishments. These matters are regulated by the Florida
Department of Profes s; ona 1 Regu 1 at ion, Board of Mass age, and by state 1 aw,
Chapter 480, Florida Statutes.
DIVISION 2. LOCATIONAL PROVISIONS; NON-CONFORMING
ADULT USES; CERTIFICATES OF COMPLIANCE OR PROVISIONAL
COMPLIANCE; HARDSHIP RELIEF
, Sec. 41.510. Location of Adult Uses--Minimum Distances; Zoning Districts: '
Use Limitations in General.
(1) Adult use establishments shall comply with the following minimum
distance ,requirements:
(a) No adult use establishment may be located within 300 feet of any
residentially zoned property, church, school, or public recreation area which is
validly located or has previously received legal authority to operate at its
location.
(b) No adult use establishment may be located within 1,000 feet of any
other adult use establishment.
(c) The distances specified herein shall be measured along a straight
line from the nearest point of any structure or portion thereof occupied by an
adult use establishment to the nearest property line of residentially zoned
property, church" school, public recreation area' or other' adult use
establishment. In a multi-tenant or multi-user building, such as a shopping
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center, the distances shall be measured from the unit or closest portion of the
building or structure utilized by and containing or being utilized by any facet
of the adult use establishment.
(2) An adult use establishment shall be located only in the limited
industrial district, as defined and described in Article II of Chapter 40.
(3) An adult use establishment shall comply with all applicable
requirements of the zoning district in which the establishment is located or
p~oposed to be located, in addition to the requirements of this Ordinance.
Nothing in this section shall be construed to permit the operation of any
business or the performance of any activity prohibited under any other section
of this Ordinance. Nothing in this Ordinance shall be construed to authorize,
allow or permit the establishment of any business, the performance of any
activity, or the possession of any item, which is obscene under the judicially
established definition of obscenity.
Sec. 41.511. Non-Conforming Adult Use Establishments.
(1) Adult use establishments that have established or commenced business
at their existing locations on or before October 18, 1993, and which are not in
conformity with the locational requirements of Section 41.510, may continue to
operate for one year after the effective date of this Ordinance, unless
terminated sooner for failure to obtain the certificates and licenses required
by this Article, voluntary discontinuation of business for a period of 30 days
or more, or suspension or revocation of the adult use license. Such non-
conforming adult use establishments shall not be increased, enlarged, extended
or altered except that the use may be changed to a conforming use. After one year
from the effective date of this Ordinance, a non-conforming adult use
establishment shall be deemed to be operating in violation of this Ordinance.
(2) If two or more adult use establishments are within 1,000 feet of one
another, but both are otherwise in a permissible location, the adult use
establishment which first began continual operation at the particular location
'is the conforming use and the later-established adult use' establishment is the
non-conforming use.
(3) An adult use establ ishment lawfully operating or permitted to operate
,as a conforming use is not rendered a non-conforming use through the subsequent
location of a church, school, residentially zoned property, or public recreation
area.
Sec. 41.512. Application for certificate of compliance or provisional
certificate of compliance; rejection of incomplete application; granting or
denying application; appeal.
(1) No new adult use establishment shall be allowed to commence business
without first obtaining a certificate of compl iance and an adult use 1 icense from
the development code administrator. Adult use establishments that have
established or commenced business at their existing locations on or before
October 18, 1993, shall submit the application required by this section within
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60 days from the effective date of this Ordinance, and may continue to operate
pending a decision by the development code administrator on such application.
(2) To obtain a certificate of compliance or a provisional certificate
of compliance, the applicant shall provide the following information upon an
application form to be provided for such purpose, accompanied by payment of a fee
in an amount established and determined by resolution of the City Commission to
be reasonably calculated to cover the costs of processing the application:
(a) Name, mailing address, telephone number of the applicant;
(b) Street address of the proposed or existing adult use;
(c) Legal description of the property occupied by the proposed or
existing adult use, including the property boundaries;
(d) A surveyor an accurate scale drawing prepared by a Florida
registered surveyor, architect, or engineer, showing the locations of any
churches, schoo 1 s, res i dent i a 11 y zoned property, and pub 1 i c recreat i on areas
within 300 feet of the location of the proposed adult use establishment, and
showing the locations of other existing adult use establishments within 1,000
feet of the location of the proposed or existing adult use establishment for
which the certificate is being sought;
(e) If the applicant's proposed location is the location of an existing
adult use establishment, the date the existing adult use establishment
established or commenced business including documentation of commencement, such
as certificates of occupancy, affidavits, receipts, or business records; and
....
(f) If the applicant is not the record owner of the subject parcel, a
letter from the record owner containing the notarized signature of the record
owner and stating that the applicant is authorized to seek a certificate of
compliance or a provisional certificate of compliance as an adult use
establishment.
(3) In the event the deyelopment code administrator determines that the
applicant has not provided the information and documents required by subsection
(2) of this section, the development code administrator shall send notice to the
applicant by certified mail return receipt requested no later than 15 calendar
days after the date the application was filed, informing the applicant of the
reasons why the application is incomplete. The development code administrator
shall allow the applicant 30 calendar days from the receipt of the notice to
complete the application. The time period for granting or denying a certificate
under subsection (4) of this section shall be stayed during the period in which
the applicant is allowed an opportunity to complete the application.
(4) The development code administrator shall grant or deny an application
for a certificate of compliance or a provisional certificate of compliance within
30 calendar days after the date of the filing of the completed application. The
development code administrator, within 30 calendar days after the date the
completed application was filed, shall send notice to the applicant by certified
mail return receipt requested of one of the following:
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(a) If the location for a new or existing adult use establishment
complies with the locational provisions of section 41.510, then the development
code administrator shall issue to the applicant a certificate of compl iance;
(b) If an existing adult use establishment is a non-conforming adult use
estab 1 i shment, then the deve 1 opment code admi n is trator sha 11 issue to the
applicant a provisional certificate of compliance; or
(c) If the location of a proposed new adult use establishment does not
comply with the locational provisions of section 41.510, then the development
code administrator shall issue to the applicant a notice of denial, which shall
explain the reason for the denial.
(5) Any app1 icant aggrieved by a decision of the development code
administrator pursuant to this section shall have the right of appeal to the city
manager. Such appeal shall be taken by filing with the city clerk, within 30
ca lendar days after receipt of the development code administrator's not ification,
a written statement setting forth in full the grounds for such appeal. The city
clerk shall forthwith notify the city manager. The city manager shall hold a
hearing within 30 calendar days after the appl icant fi les the appeal. The
applicant shall be given notice of the hearing at least 10 calendar days prior
to the hearing and shall have an opportunity to present evidence on the
applicant's behalf, to cross examine witnesses, and to be represented by counsel.
A written decision by the city manager to affirm or overrule the decision of the
development code administrator shall be made within 10 calendar days of the
hearing and shall be final and conclusive, subject to judicial review by common-
law certiorari in the circuit court for Pinellas County. The city manager may
delegate the authority to hold a hearing and to decide an appeal pursuant to this
subsection to a deputy city manager or an assistant city manager, whose decision
shall be as final and conclusive as if made by the city manager.
Sec. 41.513. Conflicting Applications.
(1) Because the potential exists for the inadvertent
issuance of certificates,of compliance or provisional certificates of compliance
to adult use establishments that violate the locationa1 provisions of this
article, the development code administrator shall develop a system for tracking
applications and for ranking them by date and time of application and date that
an adult use establishment existing on October 18, 1993, was established or
commenced business.
(2) Between two applications being processed at the same time, the
app 1 i cant who f i 1 ed first sha 11 be cons i dered to be the operator of the
conforming adult use establishment, if that application is approved and if no
other reason ex; s ts to cons i der the estab 1 i shment nonconformi ng. Between
applicants, one of whom o~ both of whom operated adult use establishments that
existed at the premises on or before October 18, 1993, the adult use
establishment that first established or commenced business at the location shall
be cons i de red to be conformi ng if no other reason ex i s ts to cons i der the
establishment nonconforming.
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observed.
That all other applicable provisions of these regulations will be
(4) The development code adjustment board may grant a hardship relief to
the provisions of these regulations only by the affirmative vote of a majority
of the members of the board. Failure to reach a majority vote shall result in
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a denial of the hardship relief request. The decision of the development code
adjustment board is final.
(5) If the development code adjustment board denies the variance, the
applicant may not reapply for hardship relief until at least six (6) months have
elapsed from the date of the development code adjustment board's action.
(6) The granting of hardship relief does not exempt the applicant from
any other provisio~s of these regulations other than the locational restrictions.
(7) The decision of the development code adjustment board shall be final
and conclusive, subject to judicial review by common-law certiorari in the
circuit court for Pinellas County.
DIVISION 3. ADULT USE LICENSE
Sec. 41.521 Adult use license required; classification.
(1) Within 90 calendar days of the receipt of a certificate of compliance
or a provisional certificate of compliance for an adult use establishment, the
applicant shall submit an application for an adult use license and shall
thereafter obtain an adult use license. No adult use establishment shall be
permitted to operate without having been first granted an adult use license by
the development code administrator. However, an adult use establishment that
established or commenced business on or before October 18, 1993, and for which
a certificate of compliance or provisional certificate of compliance has been
issued, may continue to operate pending a decision by the development code
administrator on the application for an adult use license.
(2) Adult use licenses shall be classified as follows, based upon the
information in the application and subject to subsequent inspection for
verification:
(a) adult bookstore or video store;
(b) adult modeling or activity center;
(c) adult photographic studio;
(d) adult theater; or
(e) special cabaret.
(3) An adult use license for a particular adult use establishment shall
, be limited to one classification for each license. An adult use establishment
desiring to operate an establishment with more than one classification of adult
use activity shall submit an application and obtain a separate adult use license
for each adult use classification.
16
Sec. 41.522 Application required for adult use license; rejection of
incomplete application; granting or denying application for license; appeal.
( 1 ) Any person des i ring to operate an adu 1 t use es tab 1i shment sha 11 file
with the development code administrator an application on an application form to
be provided by the development code administrator and shall pay a non-refundable
application fee in an amount established and determined by resolution of the City
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Commission to be reasonably calculated to cover the costs of processing the
application. If the application is approved and a license is granted, the fee
shall be applied as a credit towards the annual license fee required for the
first year.
(2) The completed application shall contain the following information and
shall be accompanied by the following documents:
(a) If the applicant is:
1. A natural person, the applicant shall state his legal name and
any aliases and submit satisfactory proof that he is not less than 18 years of
age; or
2. A partnership, the applicant shall state its complete name and
whether the partnership is general or limited, and shall state the legal names,
aliases, and dates of birth of all general partners and of all limited partners
having either direct, managerial, supervisory, or advisory responsibilities for
day-to-day operations of the adult use; or
3. A corporation, the applicant shall state its complete name, the
date of its incorporation and the name of the state where it was incorporated,
the name of the registered agent and the address of the registered office for
service of process, evidence that the corporation is in good standing, and the
legal names, aliases, dates of birth and office or capacity of all officers,
directors, and stockholders having either direct, managerial, supervisory, or
advisory responsibilities for day-to-day operations of the adult use:
(b) If the applicant intends to conduct the establishment under a name
other than that of the applicant, the establishment's fictitious name and the
certified copy of the applicant's registration with the Division of Corporations
of the Department of State pursuant to Section 865.09, Florida Statutes;
(c) The general nature of the type of adult use for which the applicant
is seeking a license, stating the specific classification of license for which
the applicant is filing, and including a statement concerning the degree to which
the anticipated activities at the adult use meet the definitions of the
enumerated adult use classifications listed in Section 41.521(2). If the
applicant is requesting an additional adult use license, different from the
existing adult use establishment's current classification, or the applicant is
requesting multiple adult use licenses for the same establishment, the applicant
'shall explain how the multiple adult use activities will interact. Such a
information shall serve as an initial basis for the permitted activities allowed
under the licenses issued:
(d) The location of the proposed establishment, including a legal
description of the property site, and the street address of the location;
(e) The legal names, aliases and dates of birth of the employees for the
proposed establishment:
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(f) The applicant's mailing address, residential address, and residential
telephone number (if any);
(g) A copy of the certificate of compliance or provisional certificate
of compliance;
(h) Whether the appl icant or any other person 1 isted pursuant to
subparagraph (a) above has, within the three year period immediately preceding
the date of the application, been convicted of, or been incarcerated or been on
probation or parole for committing, a specified criminal act and, if so, the
specified criminal act involved, the date of conviction, and the place of
conviction; and
(i) For a new adult use establ ishment or for an existing adult use
establishment that intends to convert to an adult modeling or ~ctivity center,
an adult photographic studio, an adult theater, or a special cabaret, or to add
any of the foregoing to its existing adult use, an interior floor plan, including
all windows, doors, entrances and exits, fixed structural features, walls,
stages, part it ions, project i on booths, admi ss ion booths, pri vate performance
areas, adult booths, concession booths, stands, food service equipment, counters
and similar structures, and a designation of any portion of the premises in which
patrons will not be permitted; and
(j) A sworn statement attest i ng to the accuracy of the i nformat ion
provided in the application and to the fact that the applicant will own, possess,
operate, and exercise control over the proposed or existing adult use
establishment.
(3) In the event the development code administrator determines that the
applicant has not provided the information and documents required by subsection
(2) of this section, the development code administrator shall send notice to the
applicant by certified mail return receipt requested no later than 15 calendar
days after the date the application was filed, informing the applicant of the
reasons why the application is incomplete. The development code administrator
shall allow the applicant 30 calendar days from the receipt of the notice to
complete the application. The time period for granting or denying a certificate
under subsection (4) of this section shall be stayed during the period in which
the applicant is allowed an opportunity to complete the application.
(4) The development code administrator shall grant or deny an application
for a 1 icense within 30 ca lendar days after the date of the fi 1 ing of the
completed application. The development code administrator shall send notice to
the applicant by cer~tified mail return receipt requested no later than 30
ca 1 endar days after the date of the f il i ng of the comp leted app 1 i cat ion,
informing the applicant of the decision. If there is no basis for denial of the
application pursuant to subsection (5) of this section, the development code
administrator shall issue the license to the applicant upon the applicantls
payment of the appropriate annual license fee required by section 41.523.
(5) The development code administrator shall deny the application if:
(a) The application contains materially false information; or
18
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(b) An applicant has been convicted of a specified criminal act and:
1. Less than one year has elapsed since the later of the date of
the con v i ct ion or the date of re 1 ease from conf inement, probat ion or paro le
imposed for the conviction of a misdemeanor offense; or
2. Less than three years have elapsed since the later of the date
of conviction or the date of release from confinement, probation or parole
imposed for the conviction of a felony offense.
(c) The fact that a conviction is being appealed shall have no effect on
the disqualification of the applicant.
(d) An adult use establishment that established or commenced business on
or before October 18, 1993, shall be exempt from the requirements of this
subsection.
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(6) Any applicant aggrieved by any decision of the development code
administrator pursuant to this section shall have the right of appeal to the city
manager. Such appeal shall be taken by filing with the city clerk, within 30
calendar days after receipt of the development code administrator's notification,
a written statement setting forth fully the grounds for such appeal. The city
clerk shall forthwith notify the city manager. The city manager shall hold a
hear i ng wi th i n 30 ca 1 endar days after the app 1 i cant files the appea 1. The
applicant shall be given notice of hearing at least 10 calendar days prior to the
hearing and shall have an opportunity to present evidence on the applicant's
behalf, to cross examine witnesses, and to be represented by counsel. A written
decision by the city manager to affirm or overrule the decision of the
development code administrator shall be made within 10 calendar days of the
hearing and shall be final and conclusive, subject to judicial review by common-
law certiorari in the circuit court for Pinellas County. The city manager may
delegate the authority to hold a hearing and to decide an appeal pursuant to this
subsection to a deputy city manager or an assistant city manager, whose decision
shall be as final and conclusive as if made by the city manager.
Sec. 41.523 Annual licensing regulatory fees; term of license; renewals;
expiration; cancellation.
19
(1) In order to cover the administrative and enforcement costs associated
with these regulations, there are hereby levied annual licensing regulatory fees
for an adult use establishment in amounts to be established and determined by
resolution of the City Commission.
(2) The annual fees collected pursuant to this section are declared to
be regu 1 atory fees, wh; ch are co l1ected for the purpose of examinat ion and
inspection of adult uses under these regulations and the administration thereof.
These regulatory fees are in addition to, and not in lieu of, the occupational
license taxes, building permit fees, and other fees imposed by other sections of
the Code of Ordinances.
(3) A 1 icense issued under this Ordinance shall be an annual 1 icense
which shall commence on October 1 if the fee has been paid, or on such later date
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when the fee sha 11 have been pa id, and sha 11 expi re on September 30 of the
following year. If a license is issued after October 1 but on or before March
31 of the following year, the applicant shall pay the license fee in full. If
a license is issued after March 31 but before October 1 of the same year, the
applicant shall pay one-half the license fee.
(4) Licenses shall be renewed annually. Subject to compliance with all
other applicable provisions of this Ordinance, a licensee shall be entitled to
a renewal of the annual license from year to year by presenting the license for
the previous year and by paying the appropriate license fee and updating the
information supplied with the latest application or certifying that the
information supplied remains unchanged.
(5) A license that is not renewed by October 1 of each year shall expire.
An expired license may be renewed by November 30 of the same year upon payment
of the license fee, and upon payment of a penalty of ten percent of the license
fee for the month of October, or fraction thereof, and an additional penalty of
five percent of the license fee for the month of November, or fraction thereof.
(6) A 11 exp ired 1 i censes not renewed by November 30 sha 11 be deemed
nonrenewable.
Sec. 41.524 Transfer of license.
(1) A 1 i censee sha 11 not transfer a 1 icense to another person, or
surrender ownersh i p, posses s i on, contro 1 , and operat ion of a 1 icensed
establishment to such other person, unless and until such other person submits
an application in compliance with section 41.522 and obtains approval, and
pays a transfer fee of 10 percent of the license fee.
(2) No 1 i cense may be transferred pursuant to subsect ion (1) of th is
section when the city manager has notified the 1 icensee that suspension or
revocation proceedings have been or will be brought against a licensee.
(3) A licensee shall not transfer his license to another location.
(4) Any attempt to transfer a license, either directly or indirectly, in
violation of this section is hereby declared void, and the license shall be
deemed abandoned and shall be subject to revocation pursuant to section 41.603.
Sec. 41.525 Changing name of establishment.
No licensee may change the name of an adult use establishment unless and
until the licensee gives the development code administrator 30 days notice in
writing of the proposed name change, pays the development code administrator a
$3.00 change of name fee, complies with Section 865.09, Florida Statutes, and
presents evidence of compliance with such ,statute to the development code
administrator.
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DIVISION 4. OPERATIONAL REQUIREMENTS FOR ADULT USES
Sec. 41.531. General Requirements.
Each adult use establishment shall observe the following general
requirements:
(1) Conform to all applicable building statutes, codes, ordinances and
regulations, whether federal, state or local.
(2) Conform to all applicable fire statutes, codes, ordinances, and
regulations, whether federal, state or local.
(3) Conform to all applicable health statutes, codes, ordinances, and
regulations, whether federal, state or local.
(4) Conform to all applicable land use and zoning laws, ordinances, and
regulations, whether state or local.
(5) Opaquely cover each non-opaque area through which a person outside
the establishment may otherwise see inside the establishment.
(6) Maintain a record of all employees who are currently employed by the
establishment and of all former employees who are employed by the establishment
during the preceding one year period, containing the employee's full legal name,
aliases, and date of birth. For the purpose of this subsection, "employee" means
as defined in Section 41.505.
Sec. 41.532. Adult Theaters.
In addition to the general requirements contained in section 41.531, an
adult theater shall observe the following special requirements:
(1) If the adult theater contains a hall or auditorium area, the area
, shall comply with each of the following provisions: '
(a) Have individual, separate seats, not couches, benches or the like;
(b) Have a continuous main aisle alongside of the seating areas in order
that each person seated in the areas shall be visible from the aisle as well as
from the manager's station at all times; and
, (c) Have a sign posted in a conspicuous place at or near each entrance
to the hall or auditorium area which lists the maximum number of persons who may
occupy the hall or auditorium area, which number shall not exceed the number of
seats within the hall or auditorium area.
(2) The adult theater shall have one or more manager's stations. The
interior of the premises shall be configured in such a manner that there is an
unobstructed view from a manager's station of every area of the premises to which
any pa tron is permi tted access for any purpose, exc 1 ud i ng restrooms. Adu 1 t
material shall not be available or allowed in restrooms. If two or more manager,'s
stations are designated, the interior of the premises shall be configured in such
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a manner that there is an unobstructed view of each area of the premises to which
any patron is permitted access for any purposes from at least one of the
manager's stations. The view required in this subsection shall be by direct line
of sight from the manager's station.
(3) It sha 11 be the duty of the opera tor present in the premi ses to
ensure that the area specified in subsection (2) of this section remains
unobstructed by any door, wall, merchandise, display rack or other material at
all times that any patron is present in the premises and to ensure that no patron
is permitted access to any area of the premises which has been designated in the
application filed pursuant to section 41.522(2)(i) as an area in which patrons
will not be permitted.
(4) It is the duty of the operator to ensure that at least one employee
is on duty and situated in each manager's station at all times that any patron
is present inside the premises and that the employee is continually monitoring
the activities in the adult theater for violations of the provisions of this
Ordinance and of State law.
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(5) The 1 icensee of an adult use establ ishment may seek a hardship rel ief
from the provisions of subsections (2), (3) or (4) of this section by filing a
request for such relief with the city clerk. If, upon presentation at a public
hearing before the development code adjustment board following notice of the
public hearing as provided in Section 41.514, the development code adjustment
board is sat i sf i ed that the 1 i censee wi 11 ut i 1 i ze operat i ona 1 procedures or
technology sufficient to guarantee, to a degree similar to the provisions of this
section, that the areas of the establishment to which patrons have access are
monitored for violations of this Ordinance and of state law, the board may grant
such relief. If sufficiently conditioned to assure monitoring and notice to
patrons, the direct line of sight requirement of subsection (2) of this section
may be varied by the substitution of video surveillance.
The board may cond i t i on the hardsh i p re 1 i ef so as to ensure that the
'operational procedures or technology will be utilized. The failure to follow the
conditions of the hardship relief may result in a review by the development code
adjustment board, at a public hearing, with notice and opportunity for the
licensee to be heard. Revocation of the hardship relief may be justified if,
based upon the presentation at the hearing, assurances serving as a basis for
issuance of hardship relief are found to be not satisfied. Any decision of the
development adjustment code board shall be final and conclusive, subject to
judicial review by common-law certiorari in the circuit court for Pinellas
County.
(6) The premises shall be equipped with overhead lighting fixtures of
sufficient intensity to illuminate every place to which patrons are permitted
access at an illumination of not less than one foot candle as measured at the
floor leve 1. It sha 11 be the duty of the operator to ensure that such
illumination is maintained at all times that any patron is present in the
premises.
(7) If the adult theater contains adult booths, only one person shall be
permitted to occupy the booth, and each adult booth shall comply with each of the
following provisions:
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(a) Have a sign posted in a conspicuous place at or near the entrance
which states that only one person may occupy the booth;
(b) Have a permanently open entrance not less than two feet wide and not
less than six feet high, which entrance shall not have any curtain rods, hinges,
rails or the like which would allow the entrance to be closed or partially closed
by any curtain, door, or other partition; ,
(c) Have an individual, separate seat, not couches, benches or the like,
which permits only one person to occupy the booth;
(d) Have a continuous main aisle alongside the booth in order that each
person situated in the booth shall be visible from the aisle as well as from the
manager's station at all times; and
(e) Have, except for the entrance, walls or partitions of solid
construction without any holes or openings in such walls or partitions.
(8) Requirements of this section are applicable to any adult theater.
An adult theater that established or commenced business on or before October 18,
1993, shall comply with the requirements contained within this section within six
months from the effective date of this Ordinance.
Sec. 41.533. Refurbishing of Adult Theaters.
(1) Each adult theater shall cover the floors of areas accessible to
patrons with smooth and non-permeable flooring material which can withstand
frequent effective cleaning with industrial strength cleaning agents. Carpeting
of any kind is prohibited.
(2) Each adult theater shall cover furniture permitted by this Ordinance
for use by patrons with a smooth and non-permeable upholstery material that can
withstand frequent cleaning with industrial strength cleaning agents.
(3) Each adult theater shall have, in areas accessible to patrons,
interior wall surfaces which can withstand frequent cleaning with industrial
strength cleaning agents.
(4) Each adult theater shall use only those shades, blinds and vertical
blinds that can withstand frequent cleaning with industrial strength cleaning
agents. Draperies are prohibited.
(5) The requirements of this section are applicable to any adult theater.
An adult theater that established or commenced business on or before October 18,
1993, shall comply with the requirements contained within this section within six
months from the effective date of this Ordinance.
Sec. 41.534. Sanitation.
(1) All areas of each adult theater accessible to patrons shall be
maintained in a clean and sanitary condition. The surfaces of all floors,
furniture, counter tops, shades, blinds, vertical blinds, doors and walls of
areas accessible to patrons shall be cleaned and sanitized a minimum of one time
23
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each 24 hours with an industrial strength cleaner.
(2) All floors, furniture, counter tops, shades, blinds, vertical blinds,
doors and walls of areas accessible to patrons of adult theaters shall be
renovated or be replaced as needed. All furniture shall be kept free from holes
and rips.
(3) Any individual cleaning or sanitizing the areas accessible to patrons
shall utilize an appropriate and effective adaptation of the U.S. Centers for
Disease Contro 11 s un i versa 1 precaut ions for the prevent ion of transmi ss ion of the
HIV and other diseases. Such procedure shall be reviewed and approved by the
Pinellas County Health Department. A copy of the approved procedure shall be kept
on file at the adult theater and a copy shall be provided to each person cleaning
or sanitizing the areas accessible to the patrons. Each such individual shall
certify that he has read and understood the procedures by signing a copy of the
procedure. The signed copy shall be kept as a part of the records of the adult
theater and open for inspection by the Health Department, law enforcement
officers, or the development code administrator.
(4) If the adult theater is designed to permit outdoor viewing by persons
seated in automobiles, it shall have the motion picture screen so situated, or
the perimeter of the establishment so fenced, that the material to be seen by
those persons may not be seen from any public right-of-way, residential zoned
property, church, school, or public recreation area.
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(5) The requirements of this section are applicable to any adult theater.
An adult theater that established or commenced business on or before October 18,
1993, shall comply with the requirements contained within this section within six
months from the effective date of this Ordinance.
Sec. 41.535. Adult Modeling or Activity Centers, Adult Photographic
Studios, Adult Theaters, and Special Cabarets.
In addition to the general requirements contained in Section 41.531, an
adult modeling or activity center, adult photographic studio, adult theater, and
a special cabaret shall observe the following special requirements:
(1) A stage sha 11 be provi ded for the d i sp 1 ay or exposure of any
specified anatomical area by an employee to a patron and shall consist of a
permanent platform (or other similar permanent structure) raised a minimum of 18
inches above the surrounding floor and encompassing an area of at least 36 square
feet; and
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(2) The stage shall be at least three feet from the nearest table, chair
or other accommodation where food or drink is served or consumed or patrons are
located.
(3) Any area in which a private performance occurs shall:
(a) Have a permanently open entrance not less than two feet wide and not
less than six feet high, which entrance shall not have any curtain rods, hinges,
rai ls, or the 1 ike which would allow the entrance to be closed or partially
24
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closed by any curtain, door, or other partition; and
(b) Have a wall to wall, floor to ceiling partition of solid construction
without any holes or openings, which partition may be completely or partially
transparent, and which partition separates the employee from the patron viewing
the display.
(4) An adult use establishment that established or commenced business on
or before October 18, 1993, shall comply with the requirements contained within
this section within one year from the effective date of this Ordinance.
DIVISION 5. PROHIBITIONS; ENFORCEMENT; SUSPENSION OR REVOCATION
Sec. 41.601. Prohibitions.
(1) It shall be a violation of this Ordinance for any operator of an
adult use establishment to operate such establishment where the person knows or
should know that:
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(a) The adult use establishment has no certificate of compliance or
provisional certificate of compliance;
(b) The adult use establishment has no adult use license or has an adult
use license that is under suspension; or
(c) The adult use establishment has an adult use license that has been
revoked or that has expired.
(2) It shall be a violation of this Ordinance for any operator of an
adult use establ ishment to operate without satisfying all of the general
requirements of section 41.531(5) and (6).
(3) It shall be a violation of this Ordinance for any operator of an
adult theater to operate without satisfying all of the special requirements of
sections 41.532 through 41.535, inclusive.
(4) It shall be a violation of this Ordinance for any operator of an
adult modeling or activity center, adult photographic studio, or special cabaret,
to operate without satisfying all of the special requirements of section 41.535.
(5) It shall be a violation of this Ordinance for any operator of an
adult use establishment to operate and to knowingly or with reason to know,
permit or allow the entrance or exit of the adult use establishment to be locked
when a person other than an employee is inside the establishment.
(6) It shall be a violation of this Ordinance for any operator of an
adult use establishment where alcoholic beverages are sold or consumed to operate
and to knowingly or with reason to know, permit or allow any activity prohibited
by Section 6.43 of the city code to occur on the premises.
(7) It shall be a violation of this Ordinance for any operator of an
adult use establishment to operate and to knowingly or with reason to know,
25
permit or allow any employee:
(a) To engage in any specified sexual activity at the adult use
establishment;
(b) To display or expose any specified anatomical area at the adult use
establishment, unless such employee is continuously positioned in an area as
described in 'section 41.535;
(c) To display or expose any specified anatomical area while simulating
any specified sexual activity with any other person at the adult use
establishment, including with another employee;
(d) To engage in a private performance unless such employee is in an area
which complies with the special requirements of section 41.535(3);
(e) To intentionally touch, either directly or through a medium, any
patron at the adult use establishment while either the employee or the patron ;s
engaged in the display or exposure of any specified anatomical area;
(f) To voluntarily be within three feet of any patron while engaged in
the display or exposure of any specified anatomical area.
(8) It shall be a violation of this Ordinance for an operator of an adult
use establishment to advertise the presentation of any activity prohibited by any
applicable state statute or local ordinance.
(9) It shall be a violation of this Ordinance for an operator of an adult
use establishment to operate the establishment and, knowingly or with reason to
know, permit or allow a person under the age of 18 years to:
(a) Be admitted to the adult use establishment;
(b) Remain at the adult use establishment;
(c) Purchase good or ~ervices at the adult use establishment; or
(d) Work at the adult use establishment as an employee.
(10) It shall be a violation of this Ordinance for any person to act as
an employee of an adult use establishment that he or she knows or should know has
no adult use license issued by the city, or which has an adult use license that
is under suspension, has been revoked, or has expired.
(11) It shall be a violation of this Ordinance to operate an adult use
establishment at which the records for employees required by section 41.531(6)
have not been compiled or are not available for inspection.
(12) It shall be a violation of this Ordinance for any employee of an
adult use establishment to knowingly engage in any of the activities described
in subsection (7) of this section.
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(13) It shall be a violation of this Ordinance for any patron in an adult
use establishment to intentionally touch, either directly or through a medium,
an employee who is displaying or exposing any specified anatomical area at the
adult use establishment.
(14) It shall be a violation of this Ordinance for any patron to
voluntarily be within three feet of any employee displaying or exposing any
specified anatomical area at the adult use establishment.
(15) It shall be a violation of this Ordinance for two or more persons to
occupy an adult booth.
(16) Notwithstanding any provision of this Ordinance which may otherwise
be construed to the contrary, it shall not be a violation of this Ordinance for
any employee of an adult use establishment to expose any specified anatomical
area during the employee's bona fide use of a restroom, or during the employees
bona fide use of a dressing room which is accessible only to employees.
. (17) It shall be a violation of this Ordinance for any operator of an
adult use establishment to allow such adult use establishment to remain open for
business, or to permit any employee to engage in a performance, sol icit a
performance, make a sale, solicit a sale, provide a service, or solicit a service
between the hours of 2:00 a.m. and 8:00 a.m. of any day.
(18) It shall be a violation of this Ordinance for any employee of an
adult use establishment to engage in ~ performance, solicit a performance, make
a sale, solicit a sale, provide a service, solicit a service, between the hours
of 2:00 a.m. and 8:00 a.m. of any day.
(19) It shall be a violation of this Ordinance for any employee of an
adult use establishment to display or expose specified anatomical areas while
situated outside any structure on the site of an adult use establishment or while
situated at any other location on the site that is visible from any public right-
of-way or sidewalk.
Sec. 41.602. Enforcement.
A violation of section 41.601 shall be punished by a fine not to exceed
$500.00, or imprisonment for a term not exceeding 60 days, or by both a fine and
imprisonment, as may be imposed by the county court. Each day any violation of
section 41.601 shall continue shall constitute a separate offense.
Sec. 41.603. Suspension or Revocation.
(1) If an adult use 1 icense was granted based upon materially false
information or misrepresentation of material fact, then the city shall have just
cause to suspend or revoke the adult use license for the adult use establishme~t
for up to one year. Suspension or revocation shall be by the city commission
pursuant to the procedure set forth in this section.
(2) If an operator or employee of an adult use establishment is convicted
of three or more violations of section 41.601 of this Ordinance within a
27
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, licensing year or three or more specified criminal acts occurring on the premises
of the establishment within a licensing year, the city shall have just cause to
suspend or revoke for up to one year the adult use license for the adult use
establishment. Suspension or revocation shall be by the city commission pursuant
to the procedure set forth in this section. It shall be an affirmative defense
if an owner of the adult use establishment imposed reasonable precautions to
prevent an operator or employee from violating section 41.601 or committing
specified criminal acts.
(3) If the city manager determines that a violation of subsections (1)
or (2) of this section has occurred, the city manager shall schedule a public
hearing before the city commission. The person who filed the application for the
adult use 1 icense shall be given written notice of the hearing at least 20
calendar days prior to the hearing and shall have an opportunity to present.
evidence, to cross-examine witnesses, and to be represented by counsel. The
decision of the city commission shall be final and conclusive, subject to
judicial review by common-law certiorari in the circuit court for Pinellas
County.
Section 2. This ordinance shall take effect immediately upon adoption.
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PASSED ON FIRST READING AS AMENDED
PASSED ON SECOND AND FINAL READING
AND ADOPTED
October 21, 1993
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, Attest:,
Rita Garvey
Mayor-Commissioner
Approved as to form and correctness:
Cynthia E. Goudeau
'; City Clerk
M. A.Galbraith, Jr.
City Attorney
28
M E M 0 RAN DUM
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RE:
The Honorable Mayor and Members of the city commission
Robert J. Surette, Assistant city Attorney, Police
Legal Advisor (I2[f
Zoning Adult Businesses
TO:
FROM:
DATE:
November 3, 1993
Attached you will find a letter from Bruce W. Green, Legal
Counsel for the American Family Association Law Center. Mr.
Green has agreed to attend the public hearing on November 8,
1993, to share with you his recent experiences litigating or
assisting in the litigation of the constitutionality of numerous
adult-use zoning ordinances throughout the Uhited states.
Mr. Green can provide you with his experiences regarding the
thought processes of federal judges when the judges have
addressed the issue of whether the zoning ordinance provided a
"reasonable alternate avenue of communication" for adult uses as
required by Renton.
Copy:
M. A. Galbraith, Jr., City Attorney
Michael Wright, City Manager
sid Klein, Chief of Police
Scott Shuford, Director of Central
Permitting
In the meantime, I have attached a compilation of cases'for you
to compare what other goVernmental entities have provided as
locations for adult businesses and what judges have determined to
be reasonable and unreasonable. Although no authority exists
constitutionally requiring a certain ratio of adult businesses to
a particular population figure or total acreage, the compilation
will at least provide you som~ guidance in trying to enact a
strong, but constitutionally defensible zoning ordinance.
Attachments
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American Family Association Law Center
Correspondence:
P.O. Drawer 2440
Tupelo, Mississippi 38803
Telephone:
(601) 844.5036
Del;~le,ies:
107 Parkgate Drive
Tupelo, Mississippi 38801
Facsimile:
(601) 844.9176
,,;.)
October 29, 1993
M.A. Gailbraith, Jr., Esq.
City Attorney
City of Clearwater
112 S. Osceola Avenue
Clearwater, FL 34616
Dear Mr. Gailbraith:
I have been informed that the City of Clearwater is interested
in my participation at a public meeting scheduled for November 8,
1993, at which a proposed adult entertainment business ordinance
will be discussed.
I am a trial attorney with the American Family Association Law
Center. The Law Center is the legal arm of the American Family
Association, Inc. and, when fully staffed, includes five lawyers.
Our practice is restricted to constitutional litigation in state
and federal courts throughout the country and focusses primarily on
advancing and defending Judeo-Christian civil liberties. In
addition, we are regularly involved in advising municipalities on
the enactment of ordinances regulating sexually oriented
businesses. In this capacity, we are presently working with
citizen's committees, city or county attorneys, or police
department legal advisors in New Hampshire, Wisconsin, Mississippi,
Florida, Alabama, Georgia, West Virginia, Illinois, Washington and
Texas. When an ordinance is eventually enacted that is
substantially similar to our model ordinance or when, after review,
we believe an enacted ordinance is constitutionally defensible, we
offer our legal assistance in defending the ordinance when it is
challenged. Approximately 85% of my practice involves the legal
defense of such ordinances.
Many, if not most, of our sexually oriented business cases are
in federal court pursuant to 42 u.s.c. ~ 1983 challenges. We are
therefore familiar with many of the types of attacks to anticipate
in comparable litigation. My previous experience includes service
to a United States District Chief Judge as a law clerk and as a
staff attorney to a United states District Judge, with primary
responsibility as a case manager/special master in complex civil
litigation...
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City Attorney
October 29, 1993
Page 2
certain that I
a t your November
locally. I am willing,
my presence, I will need
November 8-9 schedule will
can provide any
meeting that
however, to help if I
to know as soon
likely be filled
8
information or
not available
can. If you desire
possible since my
a matter of days.
.
1.S
I am not
perspective
as
in
If you have any questions, please feel free to call.
I look forward to hearing from you
Very truly yours,
Bruce
Legal
W. Green
Counsel
BWG:'jeg
cc:
Rob Sur~ttej Esq.
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Cit.v/Countv
(cit.ation)
Populat.ion
Total Acreaqe
Clearwater, FL
99,612
17,280 acres
ORDINANCES FOUND TO BE CONSTITUTIONAL:
Pinel1as Co., FL 863,610
(T-Marc v. Pinellas
County, 804 F.Supp
1500 (M.D.Fla. 1992)
179,200 acres
Broward Co., FL 1,255,488
(Intern. Eateries
of Am. v. Broward
County, 941 F.2d
1157 (11th Cir. 1991)
261,760 acres
(developed area)
Boynton Beach, FL 45,000
{Southern Entertain-
ment v. city of Boynton
Beach, 736 F.Supp 1094
(S.D.Fla. 1990)
10,080 acres
Tampa, FL
(Redner v. State,
No. 89-4992, Fla.
13th Cir. Ct.
May 8, 1990)
280,015
69,760 acres
Daytona Beach, FL
{Function Junction,
Inc.'v. City of
Daytona Beach,
705 F.Supp 544
(M.D.Fla. 1987)
62,391,'
34,505 acres
Ft. Lauderdale, FL 156,000
(Intern. Food &
Beveraqe Systems v.
Fort Lauderdale,
794 F.2d 1520 (11th
Cir. 1986)
19,840 acres
I,
Jackson, MS 196,637
{Lakeland LOllnqe
v. City of JaCkson,
Miss., 973 ~.2d 1255
(5th Cir. 1992)
70,400 acres
National City, CA 57,000
(City of National
City v. Wiener',
838 P.2d 223 (Cal.1992)
,5,536 acres
ORDINANCES FOUND TO BE UNCONSTITUTIONAL:
Whittier, CA 77,600
(Walnut Properties,
Inc. v.city of
Whittier, 861 F.2d
1102 (9th Cir: 1988)
8,005 acres
Minneapolis, MN
(Alexander v. City
of Minneapolis,
698 F.2d 936 (8th
Cir. 1983)
368,383
37,568 acres
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Land Area Set.
Aside/Number
of Sites
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123 sites
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26 sites
3.25% of total
land area/l1 sites
over 5%/77 sites
,12 sites
22 sites
(10 of which
were existing
businesses
that were
grandfathered)
879 acres/
1.2% of land
area; 32 sites
572 acres/
17.9% of total
net acres
99.5 acres/1.4%
of city land
(a "handful" of
sites)
12 sites (at least
12 existing adult
'businesses were
required to
relocate)
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NOV-04-'93 THU 16:49 ID:PINELLAS CO ATTY OFF FAX NO:8t3-464-4147
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Telephone:
Fax No.:
(813) 464.-3354
(813) 464-4147
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FACSIMILE TRANSMITTAL SHEET (W' ·
- ~ e;;:;:
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-.vr~~ ;
"-f"1'
Office of the County Attorney
Pinellaa County Courthouoe'
Sixth l"loor
315 ,Court street
Clearwater. FL 34616
Date: November 4, 199~
Number of Pages -L (Includ lng transmi,t:tal, 'sheet)
Facsimile sent ,to: Ai Galbraith
Rob Surrett
Fax No. 462-6426
462-6044
Facsimile sent fcom: Pinellas coun~y Attorney.s offioe
,....
'Sender:
Jim Benne t t'
If thefollowinq transmission 1S received poo~ly or is
incomplete, please dotlty Sender at telephone number above.
Additional MeBaaqe~
I
I
Po~ what it is worth,
Good luckl
. ' .
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.'IOV-04-t93 l11U 16:50 ID:PI~lELLAS CO ATTY OFF FAX NO:813-464-4147
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Copyright Q 1993, Tlle Ddcmc Research hlSliuJte, Inc, All rights reserved.
Comnlittee Chair
Gerald P. Creen
Pierce Couch Hendrickson fJaY5inger & Green
Clayton 8. Pierce MClno,ial Building
1109 N. Francis
Oklahoma City, OK 73106
mall: POB 26350
Oklahoma City, OK 73126
Phone: -105-235-1611
93/01
November 1993
Committee Liaison
Donald J. t-Jirsch
Research Director
The Defenk Research Instltllte, Inc.
750 N, lake Shore Drive ... Suite 500
Chicago, IL 60611
Phone: 312-944-0575,
Re~ulatingConduct Associated
With Juice Bars: A New Twist
To An Old Dance
by Steve,. F. Coronado and David S. Baku
INiRODUCTION I,
Over the past several decades, municipalltles,
counties and oilier govenunental entities have, for
the most part, 5\lcceslIfully regulated "strip bars'.
\yhich offerr~d nude or nenrly-nude dancing a:s enter-
tainment. Typically, these restrictions governed Ule
location and/or type of conduct which could occur
where alcohol was served and were premised upon
the exercise of the Stllte's police power, U\e'Twenty-
First Amendment And ba:.ic hmd-use regulutLoI\.
However, wiU\ increasing uequency, various entre-
preneurs have attempted to "side-step" these regu-
lations by opening new e6mblislunents with Ule same
type ot entertainment found in "strip bars," but with
a neW twist: they offer no alcohol {or sale or con.
sumption. Instead, the only beverages available are
soft drinks and "juices." Due to the fact no liquor is
sold, these "juice bars" are often able to wholly avoid
The aUlhor1 A'C wltb. the law firm of Sherman, T.ff &
Dansert, P.C. In Kans;;u City, Mi~~url.
^"' note:, appeAr lit .Ih~ end ot the n.~~,lett.r.
many of the existing ordinances and reguhtions
because, by U\elr terms, Ulese (esmctions are appli-
cable only where liquor is Bold or consumed.
Consequently, many governmental ent:ities are
flOW - or 500n will be - laced with the prOGP'lCt of
trying to pass new ordinances and regulations de-
silJllcd to combat the "juice bar" concept'. Public
pressure on the govemmental et\lity and ita officlals
to quickly adopt such regulations is otten enormous
and vexal. TI\lB, in tum can lead to the adoptiQll of
restrictions which are ripe for cOn!tltutional d1a1-
lenges resulting in expensive and cOIU\tar-ptoduc.
tive litigation. These challenges ate most often pre-
mised upon the First Amendmentl.
nus. article wUl generally review Md discuss
applicable law regarding the regulation of "strip
bars" and t1uiir now counterpart, the "juice bur," It
will also examine the types of restrlctions that may be
placed on activities often associated with these typea
of adult entertainment estabUshmentsZ, Whilc exist-
ing law on this .pecUlC topic is not all that new, it is
important to understand the procQdQnt and cOl\$iQQr
ilti potential application when attempting to formu-
late a re'pon~ to U,c "juice baJ" phenomonon.
NOV-04-'93 THU 16:50 ID:PINELLAS CO ATTY OFF FAX NO:813-464-4147
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STEP ONE: FOCUSINC ON THB "REAL
PROULEMSII
The initial step in the p1'OC~ of ~tlCl~ptiI\g t~
adopt an ordinance, statute or other regulatior: ~ppl1~
cable to "juice bars," is to identify what tile legItimate
"problems" really are. It is not suHicient to identify
the "problem" simply as nude or nearly-nude danc-
ing. The reason for this is simple and slraightfor-
ward: the Supreme Court has held nude B.ndsem.iJ.\ude
dancing is "expressive conduct" and, therefore, en-
titled to some protection under the First Amend~
ment. Barnes v. Cleft Theatre, [tlc., 501 U.S. --' 115
L.Ed.2d 504, 111 S.Ct. 2456 (1991). Fl1ilure to idenHfy
the appropriate "probl~O\" CAn, and has, led to vari-
ous ordinances and regula Lions b~ing dL'Cla.rL.>d un-
constitutional.
In Barnes, the Court's judgment - announced by
Chief Justice Helulqubt ~. dcltmnined nude and
serninude d~cing "is expressive conduct within the
outer perimeters of the First Amendment, though we
view it as only murginl111y so." Banrls, 115 L.Ed.2d at
511. TI"\Ough tile Court's opinion in Banrr:s was ba.dly
fractured (1. seplU"ate opinions were issued and only
2 other Justices joined the plurality opinion issued by
the Chief Justice), 8 of the 9 Justices agreed with U1C
proposition that nude and senlinude dancing Clln
represent exprcb6ive conduct entitled to at least
wme First Amendment protection.) See'also Schad v.
8orough of Momtt Ephraim, 452 ns, 61,68 (1981) ("...
nude dancing is not w~thout Us First Amcndmcl)t
protections from official regulation.") TI\e.refore, as
protected expressive conduct, nude or eemlnude
dancing as such shol.dd not be the "problem" which
tile ordinance oc regulation seeks to address. I
The conclusion that nude and seminude danclrtg is
a form of protected conduct . does not pl"eclude a
governmental entity {rom developing or enforcing
other restdctions. However, th~ regulatioM must be
premised upon appropriate grounds tUld constructed
so as to 1\ot violate existing pre<:edent. TIms, Ul~ first
step is to identify legitiU\lltc: "problems" - ge.nerally
x-efe.cred to a~ "'secondAry ef(ect~" - which will
permit' regulation of U\6!SO eslablishment". .
Caurla have previously di3c\lssed "~ondary el-
tects" Cl'eated where nude or semlnude entertain-
ment is permitted. Theae pl'Oblems include prosUtu-
tion, sexual assault, drug trafficking, 10s9 of retail
trade. reduction in property values, liU\d Ule declim~
of adjoining residential and commercial districts.
City of Renton v. Playtime nleftLres, 1I1C;, 475 U.s. 41, 48
(1986); Se~ ulso concurdng opinion 01 Justice Souter in
Banlts, 115 L.Ed.2d 504.. It is clear that ~n order for an
ordinance or regulation ta withstand First ^ll\end~
ment challenges, ,the restrictions must be pre.tn.ised
on the "setondary effects" mUler than the expressive
conduct (I.Q" tho nude dancing). It le, therefore,
. ~.
?
-
imperative the legitimate problems - the "second-
ary effects" - be' identified and recited ~ the ordi-
nance or regulation. Failure 01 the govemmg body to
properly identify these problems and, instead, un-
pose rcstrictio1l$ for impermissible reas<>J:\S (i.e" to
regulate tlle expreS51ve conduct itself) leads to a
substantial risk that the ordinance will be invali.
dated as constitutionally infirm. Stt Tripltlt Grill"
II/C. v. City of Akron, 616 F.Supp. 1249 (N.D.Oh. 1993).
In attempting to identify Ule~ "problems," go v-
ernm~tl11 Bgencie" may co~ion 5tudies to ex.-
plore these issues. Local experiences and studies
ldentifyi:og the "3econdary effecb" associat'ed with
entities permitting nude or seminude dancing could
include crime stalistics developed by police depart-
ments where tilLs type of adult entertainment is
perm.itted. These studies should analyze the poten-
lial ilnpact on sl1~l"ounding uses, changes, in sur-
rounding uses, la~ of retail bwiness, AIld increases
in property damage clahns or vandalism. Such stud-
ies can be both expensive and time consuming. For-
tunately, the Supreme Court has determined it is
uonece~sAry for communities to continuously
"reinvent the wheel": they mllY rely on the experi-
ence of others.
We hold that [the City) WAS entitled to rely 01\ the
experlenc:es of Seattle and oth~r cities, and in PaI-
ticulor on the "detaUed findings" summarized in
the Washington Supreme Court's Northend ein.
em~ opinion (NoTtMnd Cinemll,. Inc. v. StattU, 90
WAsh.2d 709, 585 P,2d 1153 (1978)J, in enacting its
adult theater zoning ordinance. The First Amend.
alent d~ not require a city, before enacting such a.n
ordinance, to c:onctuct new studies or produce Itvj.
dence independent at that already generated by
oth~r <:itie:s, .50 long 85 whal-ever evfdencg the clty
r.li~ upon .is reasoruabla h.llieved to be relevant to
the problem that tJle city addr~se.s.
Rt:"ton, 4?S U.S. at 51-52.
PAilure to pr:opedy Identify legitimate secondary
effects as the "problem" which the regulatlon ~
designed to address (:lln lead to disMttous n::$uJts.
Such was the cage in Triplett Gr;ll~, ,upra. In rcspon~-
ing to A newly opened Juice bu, the City ot Akron
qujcldy passed. an ordinance which was nearly Iden-
tJ.cal to the IndianA statute which the Supreme Court
1n B"nses had previously del-ennined Wil$ consti tu-
tionaUy permissible. The difficulty WAS Akron paS6f:d
Ule ordlnanc:e lor improper leMOns: in oilier words,
the problem. was not properly identified.
Every member of Akron' & City Council testified at
one of the two hca.r:lng6 before tills courl about the
enDctment of th15 legisla lion. TIlV Council membel'$
stated that U\ey enacted the law because vocal con-
:slituentS in COWlcll membex- Otterman's wilfd And
ebewherc stated that they wero op~d to the nude
dandng. 11,,, Council member. dad uniformly tes-
lily nlAt thc:y intend.dtho law to ellJnl.nlllte all pubUc
nudity in A\c.ron. When preued to expl:aln what
'NOV-04-'93 lHU 16:51 ID:PINELLAS CO AllY OFF FAX NO:813-464-4147
~922 Pe4
public nudity the new law pro6Ctibed that WilS nOI
proscribed by the old law, must of the Council
members could only point to the;ltrical productioN
which included nudity, and performance dandng.
One Council member testified that art cllU~~ At the
University oE Akron Qre now pro~(jbed from u61.ng
live nude models.
Triplell Gt'ille, 816 F,Supp. at 1251. TI.Us failure led
directly to Ule invalidation of the Akron ordinance.
TIle court noted "none of the Council lllemLets
testified to any judicially cognlzllble secondary ef-
fecls." Instead, the ordlnaIlce was adopted solely as
a polilical response which i3 "not a constitutionally
iOignificant: secondaty effect." Because the City Coun-
cil did not c:o{l6ider legitimate secondary e(fect6 in
adopting the ordinance, the ordinance wns declared
um:onstitulional. [d. at 1151.
DRAl'TINC TIlE RCSTlUCnON - TilE TEST TO
DI! SATISFIED
After legitimate secondary effects have been iden-
tilled and substantiated (by reliance on a commis-
sioned report, studies by other governmental enti-
ties, or olhel'Wise) the next st~p is to examine existing
constitutional standards with regard to Ute available
restrictions and regulations Lo combat these prob-
lems.
Traditionally, where it <:ould be applied, the
Twenty-first Amendment' provided. governmental
etltilles with the single greatest power to regulate
alcohol-serving "strip bars." Indeed, restrictions
fOWlded upon this Amendment permit an outright
ban on nude alld nearly nude dancing in that it has
been held Ule broad powers conferred by lliis Amend-
mMt outweighed any Pirst Amendment inte(l~sl in
nude dancing. NlW York State Liquor Allthofity v.
8elumca, 452 U.S. 714, 718 (1981).
Pursuant to its power to rtgul.l\te the ~ole of liquor
within i~ bOIUldatles (by virtue oC lb~ Twenly-{ir6t
Armmumcmt), it (thu Sal~ of New York) hu bll.lU\CQ
toplcJOs d~l\cil\g in e3tllbli:lhmenlS granted a license
to sorvg liquor. Th~ Slate'lI power to ban the $ale of
;alcoholic, beverages entirely include:s the lesser
power to. ban the ,ale o{ liquor on prerni$cs where
topless dandJ'g Ol:curs.
[d. al 717. See: a130 Doran v. Salc:m Iml, lIlC.,422 U.S. 922,
932-933 (1975) (". . . the broad powers of the states to
reS\llate the sale of liquor, COllC(4rred by tile Twenty.
first Ame.ndment, outweighed Any Fir,t Amend-
ment interest in nude dancing 8Ild . . . 11 Stale could
therefore ban such dancing ns part of its liquor
license control program.")t
In the context oC a "juice bar," however, lhe broad
powe.t's to regulate conduct under the Twenty-first
Amendment, by definition, are unavailable. As a
r~sult, a dlffer"nt. basis (or the regulation must be
utilized.
In United StattS v. O'Drit!tt, 391 U.S. 367 (1968), a
caSi: involving the bumlng of a dtaft card, the Court
announced a four-part test as to when and what
extet\t expr:essive conduct could be restricted with-
out runnitlg afoul of the First Amendment.
This Court has held that when "'speech" and
"non6peech'" elements are combined in the ~ame
coune of conduct, a sutflclently important govern-
mental jnlerest In r~aHng the nonspeech element
can justify incidental limItations on Fint Amend-
ment freedoms.. . . [Wle think It clear that a govern-
ment regulation i.:s sufficiently justified lIlt is withJn
the C(>nsUtutlonal power ot the Government; it it
furthers an Important or. substantial governmentAl
Interest; if the 80vernment interest is uruela ted to the
suppr~:sjo(\ of free expression; and if the incidental
restriction on ~Ueged Fir:st Amendment frudoms is
no greater tni'n Is essential to the furtherance of that
interest.
Id., at 376. FoJlowing the Court's pronouncement in
Q'Brum, there was reason to believe this four-part
test m1ght be modliled in cases involving regulation
of nude or seminude dancing. The test articulated by
the Court in Rwton WI15 it modified two-part analy-
6IS:
The appropriate inquIry In thb case, then, Is
whether the Renton ordinance 16 de$igned to serve
01 substantial govemmenlAl interest and allows for
rea~J1Able altemOltlve avenues ot cornmunlc~tion.
Rmton, 475 U.S. at SO. It appears, however, that in
cases dealing with nu~e or seminude dancing the
Supreme Court may have "backed off" of the two-
part Renton analysis in favor of the original four-pm
teSt pronounced in O'Brien. In Barnes, the Court's
plurality opinion stated:
The "Hme, place, or mannor" te&t w~ d~veloped
for evaluating Ie~tddio~ on expre~ion takiog place
on public property which had beeo dedicated ilI5 A
'J' ublic {orum," Want v. Rock Ilgtu'nst Raci5m, 491
.5. 781, 791, 105 L:Ed.2d 661, 109 S.Ct. 2746 (1989),
although we have oli Ilt least Oll'! occasIon applied
It to conduct occurring on private property. Set:
R/:uton II. Playflm/: Tluatres, Inc., 476 U.S. 41, 89
L.Ed.2d 29. 106 S.C!. 925 (1986). In CIDrk we ob-
5eIVed th~t thls test ha:. been interpreted to embody
much the 5ilffiO $tolndards as th~ &et forth In United
SIat/:$ tI. O'Briell, 391 U.S. 367, 20 L.Ed.2d 672, 88
S.Ct. 1673 (1968), and WI turn, thn'tforl, 10 tht rul~
t:nuncu,led in O'BriClt.
BarttllS, 115 L.Ed.2d Ilt 511-512 (Qmphasis added)'. As
a result, it OlppCilars restrictions on the "secondary
effects" associated wilh juice bars should be drawn
cOl\Sistently with Ole four-paxt test announced in
O'Brlen. If legitimale "secondary effects" have been
properly idenUfied, satisfaction of this four-part test
is not: at all an impossible task
In Ilddtesslng the fir:Jt prong of tlw te~t (whether
the govemment regulation is "within ti\e constitu-
tional power of the CovQmment"), the plurality
3
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opinion in Barnes stated India1\a':s public inuL'Cency
statute was desigm.-d to "protect morals and public
order." Bames, 115 L.Ed.2d at 513. Becau~ the t'radi-
tion!ll police power of ti,e States is defined as the
authority to provide for the public health, safety, an.d
morals, the Court concluded Indiana had the power
to enact the challenged statute. Burnes, 115 L.Ed.2d at
513.
ThQ second part of the O'Brien lesl is whelhel' thl:
regulation "huthcrs an important or substantial gov~
emmcl'ltal interest." O'Brim, 391 U.S. at 376. Satisfac-
tion of thls test s.hould focus on whether the regula-
tion pt'ornotc.9 the previously identified governmen-
tal interest. Decau~ protection of health, safety and
mor1\~ provides U,e gov..:nunc.ntal agency, U\rough
the exercise of ll.::i pollce powers, with the a\lUlOriLy
to enact restrictions designed to combat secondary
effects (see Banle5, 115 L.Ed.2d at 513), the ~cond
element o( this lest 6hould be ea:,>ily 58lisfied if U)e
govenunenhu interest is related to th.e restriction.
The third prong focu~e:J on whether "the govern-
ment interest is \Uucla\~d to the suppres!lion of free
expression." O'8rien, 391 at 376. Assuming appropri-
ate "secondary effects" are first identified, Ulis issue
is J:"elatively easily dispatched. It bears repeating,
however, Ulat the contemplated restriction must be
directed at the "secondary effects" as opposed to the
protected conduct (i.e., the nude dancing) itself.
Satisfying this element is also made e~sier becaillle
Ule plurality opinion in Barnes reinforced the Court's
prior rejection of EU\ "expansive notion of 'expressive
conduct."'
This intere9t (proleclm8 ord~r and morality) 16
unrelated to th~ suppression of free expres~ion.
Some may view Ic:Jtrkting nudity 01.'\ moral gt'o~ds
as necessarily rdated to expre6SlOn. We duaglee. It
can be argued, or course, that almo::lt UmltlcSd type~
of conduct - In.cluding appearing In the nude- in
public - ore Mexpu:nlvaI," and In ,ong ~MO ot the
word thl:l b tn~t. People whO 80 ~bout in the nude
In public may be cxpre:J.!ling $ometh.lng about them-
Gelve6 by so doh\S' But lhe cou.d r~llllcted thb expan-
sive: notlonot "expressive conduct" in O'Brien, liay-
lng:
"We cannol acc'=pt the view tlud an apparently
llmltless variety at cond uet CAn be labelled
'5pe~c.h' whenever the pc:~on engagln8 in the
conduct intend:s thereby to c)(pre~ an idea."
391 u.s. at 376, 20 I..Ed.2d 672..88 S.Ct. 1673.
Banlfi, 116 L.I!d.2d. at 514; Sl!e al:Jo City oj DI.IIla3 v.
Stang/in, 490 U.S. 19, 25 (1989). finally. in analyzing
this third part of the t\!st, the plurality opinion in
Barnes noted the "rc:quirement that the dancers dQ1\
pasties and a. C-string does not deprive the dance of
whatever erotic message it conveys; it simply makes
Ule mes8age slightly less grd.phic." Bames, 115 L,Ed.2d
at 514. Because ptJbllc nudity W&\5 Ule "evil" lllLlinnO'l
.ought to prevent, the $tl\tute $atillHed thh; third
,4
......
element because it was not designed to prohibit
~xpressive activity. Barnes, 115 L.Ed.2d at 514. Thus1
based upon the Judgment in Barnes, if the govern-
rncntallnterest is directed at the "secondary effects"
- as opposed to the cxprc5Sive conduct - the third
prong of Ule O'Brien test should also be satisfied.
11\e fuurU, and final prong of the O'Brien test
examines whether "the incidental restriction on at-
logQd First Amlllldmcnt frecdomB is no greater than
is cssentiallo the {urU,erance of that interest." O'Briatl
391 U.S. at 376. Again, to satisfy this elWlent, it is
important ti\e restriction not ~onta1n an outright ban
on erotic dandng. A coinplete prohibiUon of this
"expn.>sslve conduct" would clearly run a sublOtantinl
risk of being deemed too great a restriction on
cO:H8tituLionally protected conduct. The challenged
statuted in Bames did not prohibit erotic dancing; it
merely precluded that dancing from being perfotmed
in the nude. '
11\e (ourth p~rt of the O'Brien le:st require5 iliat th~
incidental restriction on First Amendment freedom
be no grQater than i~ ~ential to the furtherance of
the ~overnmenbl intere:lt. As indicated in the cili.
CllSSJOn. .bove, the governmental interest ~rved by
the t~x.t of the prohibition b societal disapproval of
nudity in public places and among !Ittangers. The .
5latuloxy prohibition Is not a means to 50me greater
end, but an end in itself. It i& without cavil that the
public Indecency statute b Hn~trowly uiloredi"
Indiana's requJrement that the dancer:> wear at least
pasties and II G-strin6 i5 modest, and the bare mini-
mum nec-es9Qry to achieve Ule slate's purpose.
Barne3, 115 L.Ed.2d at 515. Thus; assuming the appro-
priate "secondary eIiect.3'. are identified, the regula-
tion is designed to combat only U\otie effects, and the
restriction does not ban outright erotic dancing,
strong arguments exist that the fourth prong of the
O'Brien test can be satisfied.
TYPICAL l~n{ST AM~DMfiNT CUALLENGES AND
DCF~5ES TO RI!ST1UcnONS ENA.CTeO To
REGULATE SECONDARY EFfECTS Of
ESTABUSHMENTS OfFERINC NUDE OR
SWINUOIl DANCING
Freedom of Expression Challenges. An often
utilized conntitutional challenge to ox-dinances and
other restrictions governing nude or seminude danc-
ing is that such reslJ:ictionJ governing nude or
seminude dancing i3 that suc.h J:estnetio.ns violatQ the
First Amendment's guarantee of free expre:s,ion.
The first question U\l1t must be add(essed l.s whether
U\e restricted activity enjoys Pirst Amendment pro-
tection. As discussed above, it is dear that at least
some fomlS of nude or scminude dancing fill within
the lCingC9 of the Pirst Amendment. Barnes, 115
L,Ed.2d at 511. However, M was lnJe in Baml6s, this
tact does not necessarily lead to the conclusion that
NOV-04-'93 THU 16:53 ID:PltiELLAS CO ATTY OFF FAX NO:813-464-4147
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restrictions 011 nude dancing are violative of the
Constitution. Thus, the next question which presents
it.5elI is just how [a.. tlli.s constitutional protection of
nude dancing ~xtends. In other words, other than the
nude or semlnude dancing Itself, whi.\t other form.s of
"conduct" often associated with "strip bars" and
"juice bats" fall within the First Amendment's pro-
tective umbrella 7 For example, doe~ it extend to
protect physical contact bctw~en the dancer and a
patron of the bar?
This issue was addressed in KeD, It/c. tJ. Kitsoy
County, 793 }1.2d 1053 (9th Cir. 1986). Shortlay after
Kev., Inc. sought and obtained the necessary licenses
to opera.le a(\ adult ~ntertt\inme1\tfacility called
"Fant-asies" which would serve non-alcoholic bever-
ages, Kitsap County cnacted t\'lO ordinai\ces which,
among other things. (1) prohibited fondling and
caressing between di\nce~ and patrons, (2) requiJ'ed
that all dU1\dng take place at least ten feet from
patrons .md on a slage I'ai:>cd at lea5t two feet above
the iloor, 11Ild (3) prohibited patrons from lipping the
dancers. The juice bar challenged the ordinances
under SeVeI'd! Iheorie5, indudlng a "freedom of
exprc5tlion" chaLlenge. The Ninth Circuit Court of
Appeals rejected plai.ntiff's contention holding:
The alleged purpose ot these requirements is to
prevcnI patrom and dancer:! {Win negotiating for
nal"cottcs lransfers and sexual favors on the pre-
mises of an erotic dance studio. Seplirating dancers
(~o~ p:ltn:ll\s would,reduce the opportunity lor pros-
titution and narcotics transactions. Similarly, pro-
hibiting dancers and patron!>> (rom engaging in
s,:)(\,.al fondling and caressing In an erotlc da.nce
~tudlO would plobably deter pro~titutlon. Prevent-
ing th~ e>(chiln~e of mOlley bdween duncers and
patron:. wQuhl ;jlso appeOlr to reduc~ the likelil\ood
of dnlg and sex tunsactjOlls oecurring on regu./aled
prelllls~s.
Furth~r. these reBulation~ do nol :Iignificanlly
burden hrst amendment righ13. While the dancer's
erotic mess?~e ulay be :.lIt?htly le:;:; e.{ft..'Cu.ve hom h:n
~l?~. the ability to '1l\gage 11\ the proh:i.:led exprl:ssion
III nol ~lgllitlcal\lly impaired. ECOlic danc21'S still
hAve re"~ol\~ble acc,-'Ss to their muket. See ElIu.~st
S/~tO T!lt~tr~, 681 F'.2d at 1246 (open booth& regu-
latJOn did I\ol affect acccss to adult films). Similarly,
""hlle the tippil\lS prohibition may deny the: pntr(lll
ont.? nH~ans of expt'e~:.lng pl~i\!iurc with the dAnc~r'~
pcr{orn\lloce, su(fid(,l"t ~llernativo method;) of com-
111lunklltion exl:lot fur the patron to convey the iilme
message. 111u5, the regulatlol\$ au: rcasonilblc timo,
plAce, alld mal\l\~c restriction, that only $Iighlly
bllJl.lel\ 5pcech.
ld. at 1061-1962 (footnotes omitted).
In relYUlg upon KitSilp COlmly, it ~hould b~ not(!d
Ule Ninth Circuit's decision was l'~iKhed in 1986 -
approxl.n.\utcly 5 years udore the Supreme court
handed uown 13:llncS. Addltlonnlly, J<.Jlsap Coullty
rc:lh:d upon llnc1 \l tllhod lh6/ two-P"tt H,erttoTl te~t
.' "
which, as discussed previously, may have been
abandoJ1ed in favor oE the O'Brien analysis. Th~,
however, should not provide any fodder for either
juice bar owners or erotic dancers to argue the
conclusion in Kitsap County has somehow been abro-
gated. First, while the O'Brien test inc1udeg four
prongs as compilfcd to Rento".s two, the tests are not
substantially diiferentj tiley each take into consider-
ation the same concems. Moreover, even application
of the O'Brien test to the facts of Kitsap County
demonstrates tIll? decision reached therein i:s still
viable.
The staled purpose of Kitsap County's ordinances
wa5 to alleviate undesirable social problems tl\at
accompany juice bars, not to curtail the protected
expression.7 Because this clearly falls within lhe po-
lice power of the state, the first prong of the O'Brien
test is satisfied.
Secondly, the 'ordinances furthered this govern-
mental interest. The ordinances attempted to control
prostitution and drug ~ales by prohibitiIlg physical
contact and the exchange of money between dancers
and patrons. TIlu5, the second element of the test is
also met.
111udly, becau3e Kilsap COlUlty had prope.dy iden-
tified legitimate "secondary effects" its ordinances
were designed to control, the third part. of the
O'Brien test is also satisfied. By regulating activity
other than the dancing itself, the ordinances' restric-
tions were urnelated to the "suppression of free
expression." TIle Kitsap COWlty ordinances :5pecifl-
cally provided a meduirusm by which juice bars and
their dancers could operate and obtain the necessary
lic~e.'5 with which to do 80.0
The ordinaIlces' re6trictions on any fr~om of
expression rights guaranteed under the First Amend-
ment were no more than incidentaL In fact. this was
a 5pecific portion of Ule Ninth Circuit's holding.
"{T]hese regulations do not significantly burden
[F)irst [AJmendment rights." Kitsap County, 793 F.2d
at 1061, Thus, the fourth lUld final prong of the
O.Rden test is also satisfied Wlder the facts presenled
U, Kit3tlp County. .
Pinally, be<:ausc Supreme Court has rejeded an
"exp~ive notion" of expresslve conduct (ue Bames.
511 L.Ed.2d at 511), it can abo be argued that such
activities as tipping, physical contact between danc-
ers and patrons, and height requirements for the
stage of U'\e type described in Kitsap COU1lty are not
even protected by virtue of tile Fir~t Amendment
and, Ulereforc, an analysis under O'Brien 15 not eVen
necessary or appropriate.
As a result, though tile First Amendment's "free-
dom of exprC5.9ion" protection extends lhat govcm-
mental enliti~ arc able to constitutionAlly regulate
many other types of Qctlvlty often ll5.:Soclatcd with
5
~.~OV-04-'93 TIlU 16:54 ID:Plt'IELLAS CO ATlY OFF FAX ~~O:813-464-4147
t1922 re?
these establi5hU\~nts.
Overbreadth Chall~ngc,. AnoU\Cr constitutional
challenge to regulations attempting to restrict nude
or ~minude entertainment is U\at the regula lion is
overbloa.d. Under Ule overbread Ul doctrine, a court
may declare uncol\stilutional a st~\tute, ordirHl1\ce or
regulation which, at the expen.se of the First Amend-
ment freedoms, reaches more broailly than is rea-
sonably l\eCessacy 10 protect lcgilimute governmen-
tal int~rests. Gra"d FtllO(Ju Tavern, l11c. v. Wicker, 670
F.2d 943,946 (11th Clr. 19(2). Assuming legitimate
"secondary effects" have uc~n properly identified
and U\~ regulation i, dr'awn to adJre~ those prob-
lerns and docs not ban the expressive conduct,
overbr'Cadlh ChaUCl\gCti Ci111 ~ successfully blocked
becauSoe application of U\is doctrine Ci limited.
'JllC Supreme Court has held "where conduct and
not merely speech is involvcu, . . . tl\(; overbreadth of
a statute muSl nul only be rcal, but substantial ~s
well, juJscd in rdatiun to the statute's plainly legiti-
mate sweep." Uroadrick v, Stall: of Oklahoma, /113 U.S.
WI, 615 (1973). 'I11C Broadrick courl also' stated uppli-
cation of the overlncaJlh doctrine is employed "spar-
ingly a.nd only as a last rC5ort" uml should not be
"invoked when limiting cOJlstruction has been or can
be placed on tIll! challenged statute" which would
remove the threat of delen-ence to constitutionally
protected '?xpn~ssion. Id., at 613. Sa al~o Grand Fa/WII
Tavern, 670 F.2d at 9.16. Additionally,' "overbread\..h
scrutiny has generally been somewha't less rigid in
the context of 5lalutes regulating conduct in the
lJhadow of U\e First Amendment, bul doing so in a
neutrnl, non-censorial maImer." Broadrick, .113 U.S. at
614-615.
Obviou61y, in arguing ag,l.inst an overbreadth
challenge, the issues will be framed by U\e precise
reS\llations aJ'\d rl:strictiOI'lS Ule govenunental agency
has incorporated into il:5 ordinance. However, the
foUowtnB two argurncnt~ may be hclpflllln certaIn
ci (eUlllS t:u1C~S.
II in;t , restrictions on tl\t~ "secondary effects" do
not hnpllcate any Fil1lt Amendment protections at all
and, tl'el'etore~ application of Uli5 doctrine Is unwar-
rnnted. As noted above, the Supreme Court has
rejected un "expansive notion" of what may consti-
tute conlitit\ltlonaUy protected ltexpre~jve conduct"
We cannol accept the view th;lt an apparently Hm-
Itle:!, variety of conduct can ~ labelled "speech"
whenever lh~ plo/l:500l\ engaging In lh~ c:ond\Jc\ in-
tcnd:s thereby to uxpres9 an idea.
O'Bri~lI, 391 U.S. at 376. 11\U8, assuming Ule reslric-
tion does x\Qt ban nude diUlCing a.nd, iru.tead, regu-
lates only conduct, the argument is the restriction is
not slloject to an overbreadth challenge: no }lint
AnlcndO\ent inLQrc:st Is involved.
6
Secondly, assuming argunulo the regulation of the
"secondary effect" somehow implicates a First
Amendment guarantee, a.pplication of the
overbreadth doctri.ne is still inappropriate because
the r~5lriction regulates conduct (as opposed to
speech) in a neutral and non-censorial mann~r.
Broadrick, 413 U.S. at 614-615. See also, IBK Inc. v. City
of Katlsas City, Missouri, 641 F.Supp. 893, 906-907
(W.D.Mo. 1986) (because the ordinance was A mea-
sure regulating bU5incss and conduct, as opposed to
speech, overl>readUl challenge was rejected).
What is Important to bear in mind is the successful
Jefcnsc of an overbreadth challenge often hinges
upon laying UU! appropriate foundation for enacting
the regtilation in the fif8t pllIce. Legili.mate "second-
ary e{fC;.~ts" must be ide.nlifled and the restrictions
I1tust b~ designed to address tho5e problems as
opposed to U\e nude or :>t:minude dancing itself.
Vohl.l~ur-Vaguene55 Challenge:!, Another, oIt
raised challenge 10 ordi1lance~ of this type is that
they are too vague. The void-lor-vagueness doctrine
requires that a penal statute define the criminal
offense with sufficient definiteness that ordinary
people can undentand what conduct is prohibited,
and In a manner that does not encourage arbitrary
and erratic arrests and convictions. Papachrislou v.
City 01 Jacksonville, 405 U.s. 156, 162 (1972). Howeve(,
if an ordinance does not implicate "constitutionally
protected conduct" it cun be struck down for vague-
ness "only if Ule enactment is imper:missibly vague in
all its applications." Village of Hoffman Estates t1. Flipsidt,
Hoffman Estates, It1c., 455 U.S. 489,495 (1982) (empha-
sis added).
OlJviolJaly, one (J{ the best waY5 to avoid a success-
ful void-[or'v~gueness challenge 1s to baS.Q thQ rQ-
striclion:; on ordinances which have previously with-
stood ,uell a claim. E.g., Kitsap County, supra. How-
ever, this will not 'always be possible. Whl1e the
precise arguments to be raised against a vagueness
chaU~nge 1n such a situation will, necessarily, depend
on thepartkular language of the ordinance ,in ques-
lion, there are several generalc:onsiderations to keep
in mind. FIest, the following admonition by the
Supreme Court 15 often gennane:
th~nl al'1I UmJutiOrul in the Engl~h l(loguasc with
respect IQ beinl) both :;pecific a.\d mi.ni.geably brief,
and It seems to us that allhou!;h the prohibition may
flot :JlltLsty thou l11tent on tindlnS fa~t at any cost,
th~y [th~ cNllu1\8ed portions of the otAtut~) arc :loct
out in temu dud the ordinary person exercising
ordirtary common SQn$e can luEfldently under,tand
and coo.~ly with, without 6acrUlce to the public
intcret'it. (Tlhe genen! clil~ of o(feNe$ to which, . .
(UlI: provisions are) directed is plAinly within (their]
temu, . . . {i\nd they] will rtot be sll'uck down Il3
vague, even though marginal cues could be put
where: doubl3 might arise." .
>>922 POO
t,IOV-04-'93 THU 16:55 ID:PINELL7ls"co AlTY OFF FAX HO:813-464-414?
Ullit~d States Civil Service Comm. v. Nan ASSII. of Leller
Carrier:;, AFt-CIO, 413 U.s. 548, 578-79 (1973) (quot-
ing United Steltes v. Harris, 3,17 V,S, 612. 618 (195.1)).
Additionally, plaintiffs and thl!ir counsel may pick
out a single word or phrase and attempt to argue it
has some rn~aning whkh U1e govemlneotitl body
never intended. In such situations, it may ue helpful
to rely 011 the maxims of ejus(Jt:m generis and lloscitur
a sociis which I1te "ids 10 statutory conslnlcUon. 'I1le
maxim of t:jusiJun getleris is that where general words
follow 11 specific enumeration ot persons or things,
Ule general words should be limited to per:!tons or
Ulings 5imilar to those specifically emuncrated. lillited
Sfatt:s v. Turkettt:, 452 U.S, 576, 581 (1981) (Lhe COllrt
identifit..Q this maxim. but refused to follow it urllicr
the :ipedfic facts presented) Similarly,
The maxim ot IIv",lllr a :lOcii5. that a word Is known
by ll\l: company it ke~ps, while fiot an inc:lcapilvlc
rule, i~ often \Vi~ly applied whelC a word is capdblc
of lnl!anlnB~ In oed!.!!' to avoid Ih~ giving of unin-
tend cd breAd. UI, . ,
JarecKi u. G.D. St!arle & Co., 367 U.S. 303,307 (1961),
Additionally, uccausc lhl! void-for-vagueness doc-
trine can "bu be lnvoKcd to prevent "arbitrary i.lI1d
erratic anesls and convictions" (papachristou, 405
u.s. at 162 (1972)), it is c:Jsential Ulat all law en{urce-
ment personnel charged wiU\ enforcement r~sponsi-
biHtics be lllade fully aware what type of conduct is
and is not pennilled. Strong argl1men~ s\lggesting
the re6triction is u.nconstilulio,ully 'vague can ue
pre5enLcd if erralic arrest and enforcement patterns
ari6c or are u.ncovered via discovery during the
course 01 th~ litigation.
While any detailed analysis of a vagueness chit 1-
lenge depcnd6 \lpon the precise language llli\h::ed in
the ordin<Ulce or: statute actually employed, it may be
helpful to ke~p the foregoing genet'a! points in mind
whe1\ U'\e restriction is drafted.
freedom of A6:wci.aliull Chalh:nuctJ. Finally, con-
stitutional cl1allenges to restrictions dealing with
adult entertd.h\U\cnt flldlitics are som~llJ1\es pre-
mised upon}\I\ Inl1iyidllal'~ First Amendll\l!nt right
of free aSEiociatiol\.
In Rvbub u. Ullikd States IIIYc~cs, 468 U.S. 609
(1984), the Suprem\3 Court determined lhe "con~titu-
tiOlltlUy protected 'freedom of association' arises In
two distinct sense:;,"
Our d~.;;i:liol\~ hav.: IldcrreJ to con1liluttol1;JlIy
protected "freedom oE ,.u~oclatlon" In CWQ distinct
S4ln6cS, In one line of dl."Cisto1\S, the Co\\rt has. ':00-
eluded thit choke$ to enter Into ~ncl rnalntOlin cer-
tain intimate human relationship' mU!it be secu.r~d
against und\\11 intrusion by the Statl} bL~llll&e of lh~
role of :mch relationships in safeguarding the indi-
vidual ((t..'edum that Is central to Our constitulional
scho::mQ. 11\ Ih.1:; rt."1Ope<:I, Enle<.lom of .1I=>ociation rlt~
<:el:h-c:I prot.~t-lol\ "'~ OIl (\\ndllm~t\I,d ell:men! of pee-
'. .
.. ---..... .. -.
:lonal lIbetty. III another Set of d~c:i.siom, the Court
ha~ le<:o1701zed a right to aS5-OCiate (or the purpose
of engaglng In those ~(tivitjes protected by the First
Amendment - 5peL~h, assembly, p~tition tor the
redte':I of grievances, and the exerdse of religion.
The Con:,titution g\lal'ilOlce5 (rlledom of association
of this kind as an indispensable mcans of preserv-
Jng other individual liberties.
Id., at 618-619. Th~ types of personal affiliation,
which ~xelnplify lhls "intimate human relationship"
type of freedom of association ~{e those that attend
the creation and l>u61enance of a family - marriage,
e.g" Zablicki u. ~f-(lJlajl, 434 U,S. 374 (1978); childbirUl,
e.g., C(lr~y u. Popu/atioll Seruices InteTllaliotlQl, 431 U.S.
678 (1977); the rai.5Ulg and education of children, e.g.,
Smith u. Or8utliwtiotJ of Foster Families, 431 U.S. 816
(1977); and cohabitation with ox\es' relatives, e.g.,
Moore D, East CJcudal~d, 431 U.S. 4.94 (1977) (plurality
oplnion), See also, Rober ts, 468 U.S, at 619-620.
Clearly, thLs first type of constitutionally recog-
nj~ctl "freedom of association" is a far cry from the
lype of "association" Juice bar owners and dancers
hdve in mind. nlUS, compelling axguments exist that
the "intimate hUJ:na.n relationship" type of "freedom
of as~)Ociatlon" is not unplicated in ordinances regu-
lating juice bars and the "secondary effects" created
thereby,
The second form of a conslltuuonally protecteQ
"freedom of association" arises for purpoSes of "en-
gaging in those activities protected by the First
Amendment - speech, assembly, petition for the
redxess o( grievances, and Ule exercise of religion."
Roverts, 468 U,S. at 618, Obviously, central to such a
"right of association" Is an unde.dyipg actjvity .'pro-
teded by the First Amendment," Therefore. the
pr:cviously discussed arguments that the Supreme
Court has rejected the "expansive notion" of what
may constituted constitutionally protl!ded "ExpreG-
sive condud' should also be assertQd to dQmo~ltatc
no underlying protected Fin;t Amendment activity iJ
involved. S~ City of Dallas, 490 U.S. at 25; 0' Britt!, 391
U.S. at 376.
It. is also lOignificant that the Supreme Court has
expressly held t.hll activity of lndivid\1",l~ coming
together in tl dlUlc~-hall is not the type of M.::IOciaUon
which ls prot<<ted under the Constitution.
It l, po~ible to find soma ~ernQl of e><pr~sion in
&lmost every activity il per$on underlake:l - for
gxamplo, w~lkln8 d.own 0\8 olTecl Clf meetJns ong',
hlends at a. ~hopplng mall- but such kernel is not
sufficient to bring ilill t1cUvily wlth.Jn the protection
of the Fint Amendment. We think the activity of
thQ6e dal\cll-ha.U patrol'\$ - coming together 10 en-
gage In recreotin8dancmg - is not protected by the
First Amendment. Thus thb activity qualifie:a n(li-
lhet as.. form of '.Inth.nat~ A:I~oclatlon" nor ... a (ann
of "expraeelve IlIlK)cl.Uo,," as tootle h:rrn5 were
dCSi:riocd by J?ollt:rt",
,
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NOV-04-t93 TIlU 16:56
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City of Dallas. 490 U,g, at 25. As a result, there ate
strong and substantial argumenLs that any '''freedom
of association" challenges to regulations dealing with
legitimate ":iei:ondary effects" crented by juice b~rs
wltl\out merit.
juice bars. nle key to enacting such regulations which
will p~ constitutional mwter lies in first identifying
legitimate "secondary effects." While comtitutiona1
chllll~ngel will be made, the restrictions <:an be
5ucces.s(ul1y defended if the appropriate ground~
work fOf the ordinance has b~n 'la.id ftt U\e time it
wcu first considered. 1his prepara.tory work is essen-
tial, for t1\ese are few cases which receive greatet
publicity from Ole press and interest among citizens
than those involving regulations of conduct occur-
ring at juice lJ~ts.
CONCLUSION
It is cl~ar that nude and 5eJnillUde dundng are
entitled to at least some protection lU\der tile First
Amendment. Neverthel~ss, governmental entities
n1ay :itill regulate the lYPQ ot activitie~ occurring at
END NOTES
The pertinent portions of lhe First Amendme"t 5t:lte: "Congre:" :5haU make no l;aw . . . abridging the h~om of
spe~ch, or of Ihv pre"", or th" right of th~ PeQple pCllcellbly to ;u:sembla. ,'. ." This .Amendment Is mAde e.ppllc;abte
to the Stllle, by the Due PrlX'e~ Cl4u~e of till.! Pourteenth Amendment. E.dwards v. Soulh Caroll,na, 3n U,S. 229, 235
(1963).
In addition 10 regulations gov~CIIiJ\g the typ" of !:ol\auc::t occ\Urlng in estDbl1.'lhments offering nude or :leminude
enlortainllH:nt, governmental encilles h;lVO also pMseu and c:nforced regulations d~aHng with the phYJkall~tion
of such e~Lal>li~llln~nls, Su City of 1<("'0" tJ, Flaylifllt Th~alrc5, Inc" 475 U.S, 41 (1986) (prohlbltlng adult motion
picture theulen Crain locOlting within 1,000 (got of rC3ldc:nual arVil, churches, puks or schools); YOUNg D. American
Milli Th~alre$, Inc" 427 U,S, 50 (1976), Thcs~ typll$ of re,triction5 anct Ihnilation." are bey-onct the intended ~pe of
thb article and, therefore, not ~p~ifica\ly addre~5ed hl;lreln.
)
'l11e only Juslice not so concluding 'wa~ JU~lku Scalla who eKpres,eu the belief thl" type 01 entect:dnmmt waG
(nUlled to no fiirst Amendmenl protection at aU because, in hi.s opinion. it qld not lnvolve exp rll!66 Ion. Barn~, 115
LEd.2d at 521,
11u~ TWtnty-tlr:1t AIl\endmcnt provides in rulevilnt p41rt thut "(tJhe transportation or 1mpol't~tion inlo any State.
Tllrritory, or f'O~')C65iol\ o{ the Unltt:u States fpr dt:livery or uso Uleroln of intoxicating Iiquons, in violation of the
Jaws thereof, is hcrclJy prohibited." I
The T\Venty~tlrBt Amendment is Ol POWUl' conCurred upon the Sl.te~. ThUll, bt:fore a lce,",1 govemm~ntal agency nay
successfully invo\c.4t the bl'Oild powers o{ tl\is AJ1'lendm~nl 10 regulate nude or sem.lnude dancing. the power to do
.0 must hove f1~t been dvlegiltod to the local gOIlQcoment by the: Stal.. 5"6 Gratul Faloon T/luern, IlIc. v. Wlwr, 670
P,Zd 9'13, 9H (11th Or, 1982).
LlIl'\ding'il';!-ppOI"t to thu propoliltlon the four-part O'Brim t~t may b. appll~bl. to delunninlng the constltutlon~ity
ot J't.~trlcdpIl5 de.tllng with nude dancing Is thQ (act that Justice $ouler. In 1'\b concurring opinion, also .toah:d
O'Brk" provided the appropriate iU'\blytlcal f.';HJ\owork wllhin wh1c:h to tlllctdo this b,ull2, Burners, 115 L.Ed.2d at
521. .
1 Section 1 or ill" o(din~nce 'tilted:
Purpose. The purposu of thi9 ordinilnca Is to regulale erotic dance studios to thg 'md th.t Ule mAnY type) of
cdminal Acllvltic:) freq\lentl)'engcndurQd by tSuch ,tudio$ wlll he curbU4td. However, It Is r~cognh:ed thai :such
"lIgulallon ca'Ulot de factu ;lpproac.h prohlbition.Olherwbe II protect..-d IOl:rn of expre6510n would vanish. Thu
ordinQlu:~ rcp02sents a balancing of compt!tlng Inlerest: reduced crlminal Activity lhrough the re8ullllion of
erotic d;tl"\ct: studios versus the protected rights of erotic dancers and theIr patrons.
Kilsaf! Counly, 793 F.2d Ilt 1059, 1\ 'I.
The Ol-dlnances ~nt..lned provi:iIOl\5 by which the juice bar operator and dancel'$ were to be granted U\lZ requ.i6it~
Iiccl\Ses and. i"sllmlng disc1o",Lue of all rQquesaQd lnlorm-.tion wa, Slven by Ule applicant, tho County had no
dlscretiQn as; '10 whether Or not the l1cen~ would Issue. KlIsap Collnty.. 793 f.2d at 105~-1060..
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#;2. S
Distance
Between CC IL HC Total
Adult Uses 400 , 500' 400' 500' 400' 500' 400' 500' !
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500' 9 6 11 10 5 3 25 19
600' 9 6 11 10 5 3 25 19
700' 6 10 9 5 3 24 18,
750' 8 7 5 3 22 14
800' 6 7 6 5 3 21 15
900' 9 6 7 6 5 3 21 15
1,000' 9 6 6 5' 5 3 20 14
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CC
IL
HC
Commercial Central
Industrial Limited
Highway Commercial
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PROPETIES AVAILABLE FOR ADULT USES
(EXPRESSED IN ACRES & PERCENT OF CITY)
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SEPARATION FROM PROTECTED USES
400 FEET 500 FEET
ACRES % OF CITY ACRES % OF CITY
IL 135.77 0.78 91.52 0.53
CH 39.12 0.23 25.22 0.~5
CC 347.00 2.01 262.87 1.52
,.TOTAL 521.89 3.02 379.61 "2 .2'0
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M E M 0 RAN DUM
TO:
FROM:
RE:
DATE:
The Honorable Mayor and Members of the City Commission
M. A. Galbraith, Jr., City Attorney~
Adult Use Ordinance
October 22, 1993
After reviewing the changes to this ordinance last evening, I wish to share my
thoughts on three issues:
1. Statutory notice requirements. There is a "five percent" rule for
public hearing notices for land use ordinances, derived from Section 166.041(c),
F.S. This statute requires certain notices to be given if an ordinance changes
permitted land uses. If an ordinance lIinvolves" less than five percent of the
land area of the city, the city clerk is to give notice by mail to the owners of
affected properties at least 30 days before a public hearing on the ordinance.
If the ordinance "deals with" more than five percent of the land area of the
city, two quarter-page ads, one in advance of each of two public hearings, are
required.
The ordinance as prepared for first reading "dealt withll more than five
percent of the land area of the city. After last night's amendment eliminating
the CC and CH districts, does the ordinance involve less than five percent of the
city's land area, requiring us to give notice by mail to property owners? The
answer is no. The total area of the CH, CC, and IL districts exceeds five percent
but eliminating the CC and CH districts does not mean that the ordinance now
involves less than five percent. The ordinance prohibits the lIadult" species of
book stores, video rental stores, and lingerie shops in all districts except one;
therefore, the ordinance "involves" every zoning district where an owner can open
a book store, video rental store, or lingerie shop now. Those districts comprise
more than five percent of the city.s land area and they are affected by the
ordinance.
In sUlllmary,
than five percent
property owners.
further notice.
there is no need to treat this ordinance as one involving less
of the city's land area, or to give notice by mail to affected
YO,u may adopt the amended ord i nance on November 8 wi thout
2. Available sites. Your amendments last evening reduce the number of
available sites to four, more or less. I have asked the planners to review the
maps very carefully and be prepared to show you where the available sites are.
I continue to be greatly concerned that this will prove to be an insufficient
number of sites. I am filing with the City Clerk two motions to amend. One will
add the CC district and the other wi 11 add the CH district back into the
ordinance. Please give serious consideration to adding one district or the other
back into the ordinance in order to increase the potential number of sites and
improve your chances of defending this ordinance if it is challenged.
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3. Publ ic nudity. You heard requests for a "publ ic nudity" ordinance
of the kind defended in Cafe 207 v. St. Johns County, 7 FLW FED C281 (11th Cir.
1993). The St.. Johns County ordinance prohibited public nudity generally
throughout the county, and it was challenged by the owner of a topless
establishment. The appellate court upheld the denial of a preliminary
injunction, but the decision was not a final decision on the merits of the
plaintiff's claim. The decision was based upon the Supreme Court's decision in
Barnes v. Glen Theatre, Inc., U.S. ,111 S.Ct. 2456, 115 L.Ed.2d 504 (1991),
which upheld an Indiana statepubl:rc-indecency law requiring otherwise nude
dancers to wear pasties and g-strings.
He already have an ordinance on our books prohibiting the exposure of
certain body parts and regulating the conduct of employees and patrons in
alcoholic beverage establishments, which Mr. Surette wrote and has successfully
defended in court. That is one aspect of "public nudity." I will draft an
ordinanr.e banning the wearing of g-strings, thongs, ,and similar attire outdoor
in public places, which you will find to be an equally interesting exercise.
However, the adult use ordinance now before you ,is a different kind of
ordinance than IIpublic nudityll ordinances. To say that you may ban public nudity
(which you may) does not mean that you may prohibit entirely the locations where
adult uses (with or without public nudity) may be established. The distinction
is between regulating conduct on the premises and regulating the location of the
premises. Many of the comments you heard last night blurred all distinctions and
were unsupported by the 1 q.W, wh i ch is to be expected when you hear we 11-
intentioned yet uninformed advice from persons who demonstrate no understanding
of the First Amendment.
MAG:a
Copies:
, ~ichael Wright, City Manager
~Cynthia Goudeau, City Clerk
Rob Surette, Assistant City Attorney
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MOTIONS TO AMEND ORDINANCE 5490-93
I. THE HARDSHIP VARIANCE ISSUE
1. In the title, delete IIPROVIDING FOR HARDSHIP RELIEF; II
2. Beginning on page 15, delete all of Section 41.514, relating
to hardship relief.
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Note: This motion wi 11 delete the provision for obtaining a IIhardship variance. II
At your last meeting, you amended this section to change IIdevelopment code
adjustment board II to "city commission.." This motion will delete the entire
hardship variance provision.
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'II. THE PINELLAS TRAIL ISSUE:
On page 9, amend the definition of "public recreation area" by adding the
following sentence:
The term includes, but it is not limited to, the Pinellas Trail and
other publicly owned property used for active or passive
recreational uses.
Note: The definition in the ordinance now reads:
"Public recreation area" means a tract of land which is used for a
public park or public beach.
This motion adds the underlined sentence to this definition. The effect is not
only to add a specific reference to the Pinellas Trail, but to add other
terminology commonly found in this definition.
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DAVID R. C/\RTER
A TIORNEY AT LA \tV
,~cJl /I(r/73
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i419 U.S. HICHWAY 19
NEW PORT RICHEY, FLORIDA 34652
(813) 846.1828
FAX (813) 848-5042
5308,SPRING HILL DRIVE
SPRING HILL, FLORIDA 34606
(904) 68~6278
. FAX (904) 666-7324
ROBERT]. KELLY
Associate
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Please Reply;To: SPRING_HILL.
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November 8, 1993
Jan G. Halisky, Esq.
507 South Prospect Ave.
Clearwater, Florida 34616
Re: Proposed Ordinance-City of Clearwater
Adult Use Establishment
Dear Jan:
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I am in receipt of a copy of the letter from Chris Miller and
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yourself to Mr. M.A. Galbraith, the Clearwater C~ty Attorney, in
which you present a legal analysis in support of limiting and
restricting adult uses in the City. As a resident of Pinellas
County and a fellow attorney at law, I concur with your a~~uments
and fully support the position that you have asserted. ' ",
I,am sure that the substantial majority of citizens agree with
'this position, and hope that the City Commission carefully
reviews the matter. This is an opportunity for the City of
Clearwater to take a position that is fully supported by legal
'precedent, and for it to be responsive to the will of its
citizens by including your suggestions in its ordinance.
Thank you for your efforts in this regard.
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11108/1993 ,15:81
81:3d625201
~3RAt'lE:=,E
PAGE 81
.-\NTll()NY p, {;l{ANESlt..,
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462-5202
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November 8, 1993
Jan G. Halisky, P.A.
507 S. Prospect Avenue
Clearwater, FL 34616
Dear JaOt
I have read the legal brief addressed to Mr. Galbraith dated
November 5, 1993.1 support the position which you have
advanced in this brief as I believe it is the logica~
consequence of the landmark decisions cited therein.
Certainly there are more than adequate locations outside of
Clear~ater yet within Pinellas County for freedom of
"express ion ~.,iI
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f*:?~C?>>
TO THE CITY COMMISSION OF CLEARWATER:
NOVEMBER 8, 1993
I am Gilbert Fischer, 2101 Sunset Point Road, Unit 1902. I am a Director and
Treasure of Raintree Village Condominium.
My first concern lS wi th the method of "publ icizing" the proposal to
establish adult-use zones. I personally like and read the Tampa Tribune, but
if I had a house to sell in Clearwatel.-, I would be wasting my money to
advertise it in the Tribune. I would obviously use the st. Petersburg Times.
The only explanation that occurs to me why the Tribune was used and the Times
not used is that it satisfied the legal requirement for noticing without the
danger that anyone would find out about the proposal.
Despite that evidence that someone in authority, who ought to be working in
our best interest, instead is stacking the deck against us citizens, I ask
the Commission to vote this proposal dOHn, as it deserves.
1) We all know that opening nude bars and adult video stores will attract the
areas' most undesirable elements--vagrants, prostitutes, drug pushers,
pederophiles, organized crime, shootings. Even the least problems such as
noise, drunkenness, and filth would be enough to lower the level of our life-
style and our property values.
2) All of our communities in the Sunset Point area between Belcher and
Hercules would be affected. They include my own Raintree Village, Sunset
Groves, Beckett Lake, Woodlake, and Sunset Point Condominium. There is also
a fine residential community across Belcher Road from the area in question.
There must be other residential areas affected which I am not as well
acquainted with.
3) We are a retirement community and proud of our fine community. We have
felt safe in our homes, in our Village, and in our neighborhood. Please do
not take that safety away from us for the sake of the dregs of the Bay Area.
4) One might suppose that since we are a retirement community there are no'
children around. That would be true only of Raintree Village itself. Others
of the communities have children, lots of them. There are crowds of school
children getting off the school buses in front of Raintree Village every day.
5) Across Belcher Road from the proposed area are two establishments which
ought not have the porno crowd as their neighbors. One of them is the Long
Center, which is a magnet for children--as much so as a church or school
would be. The other is the Salvation Army Community Worship Center. A lot
of money was put into establ ishing those centers. r t makes no sense to
undermine them as the proposal would.
6) On the ~~~~1i side of the proposed area are the Bread of Life Church, the
Light of Christ Catholic Church, and the Central Park Lodge Nursing Center.
Other churches and their ~hildren's centers are not far away.
In summary, we do not want a red-light district in our back yard. Let the
Commission make the crucial decision. Whose side are you on--on the side of
us citizens, or on the side of the pornographers, the drug pushers, the
criminal elements? We will be interested in your votes. '
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Principal, McLaughlin Consulting Services, Inc.
Operates own business with a variety of private and public sector
projects. Projects include Land Use, Market and Financial Feasibility
Studies, Transportation Analyses, Policy and Regulatory Documents,
Applications and Approvals and Urban Design. Also provides paralegal
services for licensed attorneys involved in land use or local
government work.
R. BRUCE McLAUGHLIN, B.A., M.Sc. (PL), AICP
PROJECT MANAGEMENT/LAND PLANNING
LAND DEVELOPMENT/LOCAL GOVERNMENT CONSULTANT
EDUCATION:
Master of Science
Department of Urban & Regional Planning
(Thesis - Intergovernmental Relations
in the Planning Process)
University of Toronto
1974
Bachelor of Arts (Honors)
Political Science
(Thesis - American Constitutional Law)
York University
1972
High School Graduate
Upper Canada College
1968
MEMBERSHIPS:
American Institute of Certified Planners (1979)
Canadian Institute of Planners (Eligible)
CAREER HISTORY:
1983 - Present:
1985 - 1989:
Zoning Hearing Master, Hillsborough County, Florida.
Served first as Alternate, and then full-time Zoning Hearing Master
for Hillsborough County, reviewing staff reports, development
proposals and evidence with respect to rezoning applications,
conditional use applications and alcoholic beverage requests.
Presided over hearings, establishing rules of procedure, admissibility
of evidence, po~nts of law and related matters.
Made recommendations to Board of County Commissioners, with respect to
planning merits, legal ramifications, findings of fact, and conformity
with the Comprehensive Plan.
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CAREER HISTORY (cont.):
1974 - 1983:
Proctor & Redfern Group, Toronto, Ontario# Tampa, Florida
Responsible for 17 projects with a fee value of $450,000. Managing
budgets, timetables, client contacts and staff. Directed planning,
research and fulfillment of land development and local government
projects. Responsible for presentations to clients and the public.
Presented expert evidence before administrative tribunals. Planning
advisor to several mid-sized urban municipalities.
In Tampa, Project Manager for all planning projects and engineering
projects. Business development effort to the firm, including direct
contacts and responding to requests for proposals. Corporation
Administration, including contractual obligations, personnel, client
liaison and general administrative procedures. Professional planning
including design, document preparation and permitting.
Summers of 1971, 1972/ 1973:
Totten, Sims, Hubicki, Associates, Ltd., willowdale, Ontario.
Responsibilities included general research, collection and analysis of
various data and the preparation of reports for the use of clients and
management.
Other Positions:
Summer Student - Internal Audit and Accounting Departments, Fiberglas
Canada, Ltd.
Official - Toronto Football Officials Association.
Referee - Various school and community hockey leagues.
"Boy Friday" - Political campaigns, Toronto, Ontario area.
Accepted as an Expert Witness:
United States District Court, Middle District of Florida/Tampa and
Ocala Divisions;
United States Bankruptcy Court, Middle District of Florida, Tampa
Division; ,
Circuit Courts, Pinellas, Hillsborough, Sarasota, Alachua and Broward
Counties;
County Court, Hillsborough County
Ontario Municipal Board
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SUMMARY OF EXPERIENCE:
, An experienced, analytical land planner and market analyst, highly
skilled in land use and market feasibility and transportation studies,
rezoning and urban design, land development, planning and management.
As Chief Executive Officer involved in corporate administration,
client presentations, and acting as liaison between clients and
approving agencies. Offering services to the development, property
management and resource industries.
EXPERIENCE AND EXPERTISE INCLUDE:
Urban Planning:
,.':i
Development Planning.
Planning Feasibility Studies.
Market Feasibility Studies.
Financial Feasibility Studies.
Economic Impact Statements.
Transportation Analyses.
Public Presentation/Hearings.
Preparation of Policy Documents
and Regulations.
Community Improvement Plans.
Shopping Center and Other Retail
Studies.
Industrial Development Studies.
Housing and Land Needs Studies.
Solid Waste and Resource Recovery
Studies.
Airport Studies.
Expert Witness Services.
Paralegal Services.
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Managed a portfolio of seventeen projects with
a value of $450,000 in planning services.
Business development work bringing in two of
the companies top ten 1980 projects, plus
a number of other new projects.
Supervising junior and technical staff working
on a variety of projects.
Project management, including client contracts,
preparation and administration of contracts,
monitoring the MIS and invoicing.
Management of planning, land development and
construction contracts from the original
contact through to approval and construction.
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Project Management:
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Accomplishments:
Urban design for retail and office commercial
developments.
Residential design for low and medium density
projects.
Industrial park design for small and large projects.
Feasibility studies and pre-design reports.
Acquisition and monitoring of land development and
construction permits.
Preparation of and application for rezonings and
comprehensive plan amendments.
Industrial park location and feasibility studies.
Negotiations with contractors and approving
agencies; construction management.
Land Use studies for special uses.
Site location and selection.
Safety plan for airport construction project.
Preparation of zoning ordinances and related
reports.
Specialized studies and experience in landfill projects,
hazardous waste projects, and airport projects.
Improvements in corporate administration and
business development.
Major feasibility studies for urban development
projects.
Busines~ development success and improvement of
the company's image.
First formalized contracts with clients for on-
going advisory services.
Developed new method of preparing for
hearings and trials.
Special studies for land needs, housing, retail,
office and industrial developments.
PERSONAL:
Born October 15, 1949
References Available on Request
RBMcL/m/PA/RBMRESl, september 3, 1993
1988:
1988:
1988:
1989:
1989:
1990:
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R. BRUCE McLAUGHLIN, B.A., M.Sc. (PL), AICP
PROJECT MANAGEMENT/LAND PLANNING
LAND DEVELOPMENT/LOCAL GOVERNMENT CONSULTANT
SUPPLEMENTAL RESUME OF
EXPERIENCE RELATED TO ADULT USES 1
Pinellas County (Florida) Adult Use Ordinance: Research
into enactment of Ordinance; testimony into nature of
Ordinance and enactment methods. *
City of Tampa (Florida) Adult Use Ordinance: Study of
Alternative Avenues of Communication for Adult Uses;
testimony as to availability of alternative locations;
research into enactment of Adult Use Ordinance and
subsequent Zoning Ordinance. *
Citrus County (Florida) Adult Use Ordinance: Review of
studies "documenting" "adverse secondary effects"; review of
enactment procedures; review of whether Ordinance was
arbitrary and capricious as applied to client's business;
review of factual estoppel. *
Hillsborough County (Floridaj Adult Use Ordinance: Review
of Local Planning Agency input to Ordinance, and report to
counsel. *
Citrus County Adult Use Ordinance: Testimony in United
States District Court as to studies "documenting" "adverse
secondary effects"; enactment procedures; whether Ordinance
was arbitrary and capricious as applied to client's
business; review of factual estoppel. *
New Pinellas County Adult Use Zoning Ordinance: Review of
studies supporting Ordinance; testimony to Local Planning
Agency with respect to studies; review of property values
around Adult Uses; preliminary review of Alternative Avenues
of Communication; application for certification of existing
Adult Uses; preparation of Board of Adjustment
presentations.
1
In addition to the planning ~/ork described on this Supplemental
Resume, I have done d great deal of paralegal work for various attorneys
working on all aspects of Adult Uses. As Justice Brennan said in his opinion
in S~n Diego Gas v. City of San Diego, 450 U.S. 621, 101 S.Ct. 1287 (1981):
"After all, if a policeman must know the Constitution, then why not a
planner?" Projects including paralegal work are marked with an "*"
1990:
1990:
1991:
1991:
1991:
1992:
1992:
1992:
1992:
.
,
"
City of Tampa Adult Use Ordinance: Study of effects of one
club on adjacent area.
Hillsborough County Adult Use Ordinance: Research and
testimony into enactment of Ordinance; review of Alternative
Avenues of Communication provided by Ordinance; review of,
and testimony as to application to client's property as
arbitrary and capri.cious; review of history of Hillsborough
County Adult Use Ordinances. *
New Pinellas County Adult Use Zoning Ordinance: Application
for certification of existing Adult Uses.
New Pinellas County Adult Use Licensing Ordinance:
Testimony to Local Planning Agency as to consistency of
Ordinance with Comprehensive Plan.
City of Tampa Adult Use Ordinance: review of application to
clients' properties.
City of St. Petersburg (Florida) Zoning Ordinance:
Interpretation of application of Zoning Ordinance to Adult
Use and testimony to Board of Adjustment; review of property
values in vicinity of Adult Uses; review of studies
supporting Adult Uses; review of Comprehensive Plan
consistency of proposed Adult Use Ordinance; presentations
to Local Planning Agency and City council reo proposed Adult
Use Ordinance. *
Cit.y of Tampa Adult Use Ordinance: review of application to
client's property; study of effects of one club on adjacent
area.
Hillsborough County Adult Use Ordinance: Study of
,hlternative Avenues of Communication for Adult Uses; study
of application of Adult Use regulations to clients'
properties.
Broward County (Florida) Adu.lt Use Ordinance: Review of
Ordinance and enactment methods; testimony as to enactment
methods used. *
, "
"\.
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1992:
1992:
1992:
1992:
1992:
1992:
1992:
1992:
1992:
1992:
1992:
, "
., ~l.'
St. Johns County (Florida) Adult Use Ordinance: Review of
Ordinance; input into adoption of Ordinance; attack on
studies supporting Ordinance; review of enactment of
Ordinance.
Polk County (Florida) Adult Use Ordinance: Review of
ex~st~ng Ordinance; review of Alternative Avenues of
Communication; determine suitable location for Adult Use;
walk through permitting for new Adult Use; review of
proposed new Ordinance.
Alachua County (Florida) Adult Use Ordinance: Review of
Ordinance and enactment; testimony as to nature of Ordinance
and enactment procedures; testimony as to application of
Ordinance to client's property.
Clay and Duval Counties, (Florida): Investigation of Adult
Use Ordinances and possible locations for Adult Uses.
I
,
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Sarasota County (Florida) Proposed Adult Use Ordinance:
Review of proposed Ordinance and prev~ous enactments.
Orange County (Florida) Adult Use Ordinance: Review of
application of Ordinance to client's business.
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Columbia County (Florida) Zoning Ordinance: Review of
enactment and of application to client's Adult Use business.
Lowndes County (Georgia): Review of existing Zoning
provisions for Adult Uses; site selection for proposed
restaurant and club; review of proposed new Adult Use
Ordinance.
Bibb County (Georgia): Review of Zoning Ordinance and
application of Ordinance and Adult Use regulations to
client's business.
City of Tampa (Florida): Assistance to client in obtaining
Adult Use Permits for new Adult Book Store.
City of Tampa (Florida): Assistance to counsel in
certiorari review of Adult Use Waiver Application. *
...;..,.',' .
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1993:
1993:
1993:
1993:
1993:
1993:
1993:
1993 :
'1993:
1 9 93:.
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Minneapolis (Minnesota): Study of property values and
police statistics, closed Adult Uses; site specific analyses
for three Adult Uses.
Sarasota and Manatee Counties (Florida): Review of
applicability of new Adult Use Ordinances to existing
lingerie stores.
City of Albany (Georgia): Review of existing Adult Use
regulations; assistance with obtaining permits, assistance
with Code Enforcement review with respect to nature of
business.
Camden County (Georgia): Preliminary investigations into
Adult Use zoning Regulations and site specific application
City of Niagara Falls (New York): Preparation of
Alternative Avenues of Communication Study and review of
application of Adult Use zoning Regulations to existing
Adult Uses.
Southeast Michigan City: Preparation of Alternative Avenues
of Communication Study and review of application of Adult
Use Zoning Regulations to proposed Adult Use location.
City of st. Petersburg, Florida: Application for Adult Use
Permits for existing Adult Uses.
City of Daytona Beach (Florida): Review of enactment of
original Adult Use Zoning Regulations; review of enactment
of new Land Development Code. *
City of St. Cloud (Minnesota): preparation of Alternative
Avenues of Communication Study and review of application of
Adult Use Zoning Regulations to existing Adult Use.
Broward County (Florida): Review of new Adult Use Licensing
Ordinance; review of enactment methods; preparation of
affidavit. *
, "
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, .1
, . ,
1993:
Hillsborough County (Florida):
for waiver of Adult Use Zoning
County Staff and with client's
Board of County Commissioners.
Preparation of application
Regulations; liaison with
attorney; Presentation to
1993:
City of Tallahassee/Leon County (Florida): Review of
existing Adult Use Zoning and Licensing Regulations; review
of specific potential locations.
other First Amendment related projects have included Zoning, Land Use
and Building Permit issues for Churches in Pinellas and Collier
Counties, Florida, and Sign Ordinance efforts in the Cities of Tampa
and Clearwater, Florida.
RBMeL/rot PA2/RMBAURES/ September 3, 1993
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Dear Commissioners and Mayor Garvey,
We submit these signatures in strong opposition to the
establishment of "adult-use" businesses in Clearwater. As
concerned citizens we believe that we have the right to set the
standards of our community. We know that you will acknowledge our
concerns and vote appropriately to ban these establishments in our
city.
Address
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***Christian Coalition***
***Christian Action Council***
***Suncoast Baptist Association***
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Dear Mayor Garvey and City Commissioners,
This list of signatures is sent to register opposition to city
ordinance 5490-93 regarding the proposed locations of "Adult Use
Entertainment" facilities. The Long Center is a recreational
complex which services the children of Clearwater and neighboring
communities. It is inappropriate and unconscionable to locate such
establishments in close proximity to the Long Center. Our children
deserve better. Q~ <!9 ()
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Dear Mayor Garvey and City Commissioners,
This list of signatures is sent to register opposition to city
ordinance 5490-93 regarding the proposed locations of "Adult Use
Entertainment" faci Ii ties. The Long Center is a recreational
complex which services the children of Clearwater and neighboring
communities. It is inappropria'te and unconscionable to locate such
establishments in close proximity to the Long Center. Our children
deserve better.
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Dear Mayor Garvey and City Commissioners, .
This list of signatures is sent to register opposition to city
ordinance 5490-93 regarding the proposed locations of "Adult Use
Entertainment" facilities. The Long Center is a recreational
complex which services the children of Clearwater and neighboring
communities. It is inappropriate and unconscionable to locate such
establishments in close proximi ty to the Long Center. Our children
deserve better.
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TO THE CITY COMMISSION OF CLEARWATER:
NOVEMBER 8, 1993
I am Gilbert Fischer, 2101 Sunset Point Road, Unit 1902. I am a Director and
Treasure of Raintree Village Condominium.
My first concern 15 with the method of "publicizing" the proposal to
establish adult-use zones. I personally like and read the Tampa Tribune, but
if I had a house to sell in Clearwater, I would be wasting my money to
advertise it in the Tribune. I would obviously use the st. Petersburg Times.
The only explanation that occurs to me why the Tribune was used and the Times
not used is that it satisfied the legal requirement for noticing without the
danger that anyone would find out about the proposal.
Despite that evidence that someone in authority, who ought to be working in
our best interest, instead is stacking the deck against us citizens, I ask
the Commission to vote this proposal down, as it deserves.
1) We all know that opening nude bars and adult video stores will attract the
areas' most undesirable elements--vagrants, prostitutes, drug pushers,
pederophiles, organized crime, shootings. Even the least problems such as
noise, drunkenness, and filth would be enough to lower the level of our life-
style and our property values.
2) All of our communi ties in the Sunset Point area between Belcher and
Hercules would be affected. They include my own Raintree Village, Sunset
· Groves, Beckett Lake, Woodlake, and Sunset Point Condominium. There is also
a fine residential community across Belcher Road from the area in question.
There must be other residential areas affected which I am not as well
acquainted Hith.
3) We are a retirement community and proud of our fine community. We have
felt safe in our homes, in our Village, and in our neighborhood. Please do
not take that safety away from us for the sake of the dregs of the Bay Area.
~
4) One might suppose that since we are a retirement community there are no
children around. That would be true only of Raintree Village itself. Others
of the communities have children, lots of them. There are crowds of school
children getting off the school buses in front of Raintree Village every day.
5) Across Belcher Road from the proposed area are two establishments which
ought not have the porno crowd as their neighbors. One of them is the Long
Center, which is a magnet for children--as much so as a church or school
would be. The other is the Salvation Army Community Worship Center. A lot
of money was put into establishing those centers. It makes no sense to
undermine them as the proposal would.
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6) On the n~rth side of the proposed area are the Bread of Life Church, the
Light of Christ Catholic Chllrch, and the Central Park Lodge Nursing Center.
Other churches and their children's centers are not far away.
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In summary, we do not want a red-light district in our back yard. Let the
Commission make the crucial decision. Whose side are you on--on the side of
us citizens, or on the side of the pornographers, the drug pushers, the
criminal elements? We will be interested in your votes. \
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Official Records Reports/Studies
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AGENDA
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ITEM #
24
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OROINANCE NO. 5491~93
~y
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, REGARDING CABLE TELEVISION SYSTEMS, TO
PROVIDE FOR THE REGULATION OF I3ASIC SERVICE TIER
RATES AND RELATED EQUIPMENT, INSTALLATION AND
SERVICE CHARGES or ANY CABLE TELEVISION SYSTEM
OPERATING IN TIlE CITY OF CLEARWATER; PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, 011 October 5, 1992, Congress enacted the Cable Television Consumer
Protect ion and Competition Act of 1992 which, among other things, provided that the basic
service tier rates, and the charges for related equipment, ins~al1ation and services, of a cable
television system (hereinafter, II Basic Service Rates and Charges") shall be subject to regulation
by a franchising authority in accordance with regulations prescribed by the Federal
Communications Commission (hereinafter the I/FCCII); and
WHEREAS, on April I, 1993, the FCC prescribed slIch regulations in the Report and
Order. In the t\1alter oLl1nplementation of Sections of Cable 'T'elevision Consumer Protection
and COIlll2ftition Act of 1992: Rate Regillntion, M M Docket 92-266, FCC 93-177 (released
May 3, 1993) (hereinafter the "FCC Rate Regulations"); and
WHEREAS. the City of Clearwater (hereinafter, the "City"), is a franchising authority
with the legal authority to adopt, and the personnel to administer, regulations with respect to the
Basic Service Rates and Charges of any cable television system operating in the City, including,
without limitation, the system currently being operated by Vision Cable of Pinellas (hereinafter
lithe Company") pursuant to Ordinance 2084 adopted by the City Commission on February 21,
1980 (hereinafter the II Franchise"); and
WHEREAS, the City desires to regulate the Basic Service Rates and Charges of the
Company and any other cable television system operating in the city and shall do so in
accordance with the FCC Rate Regulations, notwithstanding any different or inconsistent
'.
provisions in the Franchise;
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
CLEARWATER, FLORIDA:
Section I.
The City will follow the FCC Hate Regulations in its regulation of the
Basic Service Rales and Charges of the Company and any other cable television system operating
in the City, notwithstanding any di fferent or inconsistent provisions in the Franchise; and
Section 2.
In connection with sllch regulation, the City will ensure a reasonable
opportunity for consideration of the views of interested parties; and
Section 3.
The City Manager or his designee, is authorized to execute on behalf of
the City and file with the FCC such certitication forms or other instruments as are now or may
hereafter be required by the FCC Rate Regulations in order to enable the City to regulate Basic
Service Rates and Charges; and
Sect ion 4.
This Ordim(l1ce shall take effect immediately upon adoption.
PASSED ON FIRST READING
October 21, 1993
PASSED ON SECOND AND
FINAL READING AND ADOPTED
Rita Garvey
Mayor-Commissioner
Attest:
Approved as to form and correctness:
Cynthia E. Goudeml
City Clerk '
M.A. Galbraith, Jr.
City Attorney
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COALITION OF CLEARWATER
HOMEOWNER ASSOCIATIONS
P.O. BOX 8204 CLEARWATER FLORIDA, 34GIB
CI..EAlt'VATER ('TIY CO:MM1SSION
City of Clean vater
P.O. Box 4748
Clearwater Florida 34618
November 2, 1993
SUBJECT: HOUSEBlllS -lffi.-62 &HR-3191, SENATEBrrL - 5-1405
Ladies and Gentlemen:
Subject legislation deals vvith the National Flood Insurance Re:tonu Act of1993. This
legislation \vould in effect create erosion zones along the coastal areas of the United States.
111is vvould greatly increase the cost offlood insurance or make it impossible to obtain. It
,..vouId also tnake it impossible to obtain mortgages on property in these areas and
subsequently greatly reduce property values.
This not only a:ftects residents and business ovvners in the affected areas but would greatly
impact 1\Ilwlicipal, County and State g<>vernments as \velL
Proponents of this legislation claitn flood insurance is a subsidy for the rich. Nothing could
be further from the truth. Policyholders pay the premiums for flood insurance and claims
are paid out of reserves. The national flood insurance program has been self-sufficient for
over a decade. There are over a million policyholders in Florida and they pay over 40% of
the premiums uation\vide.
Vie ask your suPPOtt in helping to defeat this legislation vvhich would be particularly
devastating to Pinellas because it would greatly reduce revenue by impacting the tourist
business.
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R 11:. Wright., resident
t'cc: Bo d of County Commissioners
Greater Clearwater Chamber of Commerce
Allijewski, President, SKCA
JOIUl Dor~ Secretary, Beach .Ass{)ciation
Sheila Cole, President, lEG..1\.
Jon Clarke, President, CONA
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Clearwater City Commission
Agenda Cover Memorandum
Item #
Meeting Date:
~7 "/~/93
SUBJECT:
Petition for Zoning Atlas Amendment for 1706 North Highland Avenue; Owner: Joyce A. Smith and
lea E. Smith; 0.31 acres m.o.1. (Z 93-13)
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RECOMMENDATION/MOTION:
Receive application for Zoning Atlas Amendment to Multiple-Family Residential "Eight" (RM-8) for lot
16, Grove Circle Subdivision, and refer request to the City Clerk to be advertised for public hearing.
[J and that the appropriate officials be authorized to execute same.
BACKGROUND:
The subject property is located on the southwest corner of Grove Circle Court and North Highland
Avenue. The applicant is requesting rezoning in order to upgrade his residential care facility (six bed)
to a level I group care facility (eight bed). Levell group care facilities are not allowed in single family
zoning districts.
The property along North Highland Avenue from Sunset Point Road south to the Seaboard Coastline
Railroad has a mix of land use categories: Commercial General, Institutional, Residential High, and
Residential Urban. North Highland Avenue is classified as a City Collector. The road is proposed to be
improved within the next two years.
Pertinent information concerning the request is summarized in the tables on page 2.
Reviewed by:
Legal
Budget
Purchasing
Risk Mgmt.
CIS
ACH
Other
N/A
N/A
N/A
N/A
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N/A
Originating Dept:
CENTRAL PE MITTING
Costs:
$ HIA
Total
Commission Action:
D Approved
D Approved w/conditions
D Deni ed
o Continued to:
User Dept:
$
Current Fiscal Yr.
Advertiled:
Date:
Paper:
~ Not Required
Affected Partiel
D Notified
181 Not Requi red
Funding Source:
o Capital Imp.
o Operat i ng
o Other
Attachments:
PETITION
MAP
D None
Appropriation Code:
^
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Z 93-1 3
Page 2
LOCATION
IN CITY
OR
COUNTY
EXISTING ZONING AND FUTURE LAND USE OF
APPLICANT'S AND SURROUNDING PROPERTIES
FUTURE LAND USE
PLAN CATEGORY
ZONING
ACTUAL USE
Subject
Property
North
South
East
West
City
Residential Urban
RS-8
Adult congregate living facility
City
City
City
County
Residential Urban
Residential Urban
Residential Urban
Residential Urban
RS-8
RS-8
RS-8
R-3
Single family residential
Single family residential
Single family residential
Single family residential
ZONING RESTRICTIONS
DESCRIPTION
RS-8
REQUIREMENT
RM 8 " ' ,
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REQUIREIVIENTS' ..,'..
EXISTING
Density
Lot Area
7.5 u.p.a. max.
5,000 sq. ft. min.
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Lot Width, corner lot, at
setback line
70 ft. min.
approx. 13,407 sq. ft.
99.38 ft. *
*
Depth 80 ft. min.
House addressed on North Highlands Avenue
Six bed adult congregate living facility
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135.77 ft. *
**
OTHER REQUIRED REVIEWS
AGENCY
YES
NO
X
X
Pinellas Planning Council/Countywide Planning Authority
Florida Department of Community Affairs
ABBREVIATIONS;
R-3
RM-8
RS-8
u.p.a.
Single Family Residential (County)
Multiple-Family Residential "Eight" (City)
Single-Family Residential "Eight" (City)
Residential units per acre
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CITY OF CLEARWATER ZONING ATLAS AMENDMENT APPLICATION
Name of Property Owner(s):
Leo E. and Joyce A. Smith
Address: 1458 LEMON St, Clearwater FL 34611~lOne: (
(813) 461-0774
Representative (if any):
Phone: (
legal Description of Property (Subject of Request): Lot 16, Grove Cire Ie Subdi vis ion,
according to the map or plot thereof, as recorded in PLAT BOOK 43,
Page (8) 29, of the PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA.
General location: Southwest corner of N. Highland Avenue midway
(approximately) between Palmetto and Sunset Point Road.
Acreage: . 31
RS 8
Requested Zoning District:
RM 8
Present Zoning District:
Clearwater Comprehensive Land Use Plan Classification: Residential Urban
Residential Urban
Pinellas County Comprehensive land Use Plan Classification:
Reason for Request: '1'0 allow upgrading of an adult congregate living
facility (home for 'the elderly) from 6 beds to 8 beds.
Is the requested Zoning District in conformance with the Clearwater Comprehensive land Use Plan Classification?
x
Yes
No
NOTE: If the requested zone change is not consistent \i\(ith the City's Land Use Plan, the applicant will be required
to file a corresponding application to amend the Land Use Plan.
Is the requested Zoning District in conformance with the Pinellas County Comprehensive land Use Plan?
*
x
Yes
No
list any other pertinent information submitted: *Refer to attached schedule and copies
of previous application and approval for expanding from 6 beds
to 10 beds.
.-. m
Date:
1-1' -q,~
Signature:
Reviewed by:
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(LDCA 93-15)
Clearwater City Commission
Agenda Cover Me~orandum
Item #
Meet i ng Date:
~g 1;j~3
SUBJECT:
Land Development Code Amendment - Neon Signs and Lighting.
RECOMMENDA TION/MOTION:
Receive proposed Land Development Code amendment regarding neon signs and lighting and refer to
the City Clerk for advertising for public hearings.
[] and that the appropriate officials be authorized to execute same.
BACKGROUND:
The City Commission has directed staff to prepare a Land Development Code amendment regulating
neon signs and lighting in such a manner as to preclude the use of neon for attention attracting displays
other than as signage or architectural detailing. '
The attached draft ordinance:
~ Provides a definition for neon signs and lighting
~ Permits the use of neon signs and iighting when used as signage or as a means of outlining
architectural details
~ Addresses the issue of nonconformities created by this ordinance, with nonconforming situations
being grandfathered unless damaged or destroyed in excess of 50% of the value
~ Prohibits the use of neon signs and lighting unless specifically permitted as a sign or architectural
detail outline
The Planning and Zoning Board and Development Code Adjustment Board will need to review this draft
ordinance.
Revi ewcd by:
Legal
Budget
Purchasing
Risk Mgmt.
CIS
ACM
Other
~
N/A
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...-JUA
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N/A
Originating D~t:
CENTRAL PERMITTING
i:-S
Costs: S N/A
Tota l
User Dcpt:
$
Current Fiscal Yr.
Commission Action:
o Approved
o Approved w/conditions
o Denied
o Cont i nued to:
Advertised:
Date:
Paper:
~ Not Required
Affected Parties
o Notified
~ Not Required
Fln:ting Source:
o Capital Imp.
o Operating
o Other
Attachments:
DRAFT ORDINANCE
o None
Appropriation Code:
o
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ORDINANCE NO.
AN ORDINANCE OFTHE CITY OF CLEARWATER, FLORIDA, RELATING
TO THE LAND DEVELOPMENT CODE; AMENDING SECTIONS 44.05,
44.51,44.55, AND 44.57 OF CHAPTER 44, CODE OF ORDINANCES,
TO REGULATE NEON AND OTHER FORMS OF EXPOSED SIGNS OR
LIGHTING; PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. Section 44.05, Code of Ordinances, is amended to read:
Sec. 44.05. Definitions.
All words used in these regulations, except where specifically defined in this section, shall carry
their customary meaning when not inconsistent with the context in which they are used. The following
words set forth shall have the meanings as defined in this section:
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+
+
+
+
Multitenant building means a building where more than one business is serviced by a common
entrance, and where such businesses may be located above the first story or otherwise be without
frontage on a public right-of-way.
Neon sian or lightina means anv sian, symbol, mural, or desian created or illuminated bv exposed neon,
fluorescent, incandescent or other Iiahtina source. Sians containino internal illumination of any of
these liaht sources are not reaarded as neon sians under this definition.
Nonconforming sign means any sign that does not conform to the requirements of this chapter.
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Section 2. Section 44.51, Code of Ordinances, is amended to read:
Sec. 44.51. Permitted signs; sign standards.
(1) Purpose. It is the intent of this section to regulate signs by sign type. Permits are required for
these signs. The requirements of this section are in addition to all other applicable requirements of this
chapter. In the event of a conflict between the requirements of this section 'and other applicable
requirements, the more stringent requirements shall govern.
(2) Sign standards, general rules.
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(g) Building and electrical code compliance. All signs shall complv with applicable building and
electrical code requirements.
.!hl Neon sieJns and liahtina. Neon sians and liahtina are permitted as freestandina and attached
sianaae as permitted in this chaPter or when utilized to emphasize the architectural features of a
buildina, such as when used to outline doorways, windows, facades, or architectural detailino. Neon
Iiahtina is not permitted when used as freestandino desions or murals or as part of attached murals or
desians unrelated to the architectural features of the buildino to which the liahtina is attached.
ill~ Construction of chapter. Nothing in this chapter shall be construed to prevent or limit the
display of legal notices, warnings, informational, directional, traffic, or other such signs which are
legally required or necessary for the essential functions of governmental agencies.
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Section 3. Section 44.55, Code of Ordinances, is amended to read:
Sec. 44.55. Nonconforming signs.
*
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(8) Any sign which is in violation of Ordinance No. 4035 or Ordinance No. 4753 but which is
rendered conforming in all respects by Ordinance No. 5257 shall be considered to have been brought
into compliance with this chapter, and any pending citation or notice to appear before the municipal
code enforcement board or the county court shall be dismissed.
ffil Anv neon sian and liohtina which is rendered nonconformino bv Ordinance No. shall not
be reauired to conform to these reauirements unless such sions or liohtina are damaaed or destroved
to an extent eaual to 50 cercent or more of their replacement cost.
Section 4. Section 44.57, Code of Ordinances, is amended to read:
Sec. 44.57. Prohibited signs.
The following types of signs are prohibited:
+
+
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*
(5) Menu signs on which the message changes more rapidly than once every three hours.
.l.ID Neon sions or liohtina not conforminQ to the reauirements of section 44.51 (2)(h).
ffi{.Gt Pavement markings, except official traffic-control markings and street addresses.
illlf7t Portable signs.
ffil{.$ Roof and above roof signs.
llQ}J9.} Sandwich board signs, except in the core and eastern corridor subdistricts of the urban
center district.
111lf+<>>. Signs attached to or painted on piers or seawalls, other than official regulatory or warning
signs.
il2lt+-l+ Signs in or upon any river, bay, lake, or other body of water.
~~ Signs located on publicly owned land or easements or inside street rights-ot-way, except
signs required or erected by permission of the city manager or city commission, and sandwich board
signs to the extent permitted in the core and eastern corridor subdistricts of the urban center 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.
11.!l~ Signs that emit sound, vapor, smoke, odor, particles, or gaseous matter.
~{+4 Signs that have unshielded illuminating devices or which reflect lighting onto public rights-
of-way thereby creating a potential traffic or pedestrian hazard.
11.Qlf-1-&} Signs that move, revolve, twirl, rotate, flash, including animated signs, multiprism signs,
floodlights and beacon lights except when required by the Federal Aviation Agency or other
governmental agency.
111l~ Signs that obstruct, conceal, hide, or otherwise obscure from view any official traffic or
government sign, signal, or device.
2
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llIDt1-+}. Signs that present a potential traffic or pedestrian hazard, including signs which obstruct
visibility.
llID.~ Signs attached to or placed on any tree or other vegetation.
(20)+1-9}. Signs carried, waved or otherwise displayed by persons either on public rights-of-way or
in a manner visible from public rights-of-way. This provision is directed toward such displays intended
to draw attention for a commercial purpose, and is not intended to limit the display of placards,
banners, flags or other signage by persons participating in demonstrations, political rallies and similar
events.
12.1l~ Snipe signs.
(22)f2-+t Temporary window signs in residential districts.
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(23)~ Three-dimensional objects that are used as signs.
(24)~ Time and temperature signs in which the message changes more rapidly than once every
15 seconds.
(25)~ Vehicle signs, and portable trailer signs.
(26)f2:.&} Any sign that is not specifically described or enumerated as permitted within the specific
zoning district classifications in this land development code.
'I
Section 5. The provisions of this ordinance have been found to be consistent with the City
of Clearwater Comprehensive Plan.
Section 6. This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING
PASSED ON SECOND AND
FINAL READING AND ADOPTED
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Rita Garvey
Mayor-Commissioner
Attest:
Cynthia E. Goudeau
City Clerk
Approved as to form and correctness:
M. A. Galbraith, Jr.
City Attorney
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CLEARWATER CITY COMMISSION
Agenda Cover Memorandum
I tern II
Meeting Date II ;I~
30 C\ ~
SUBJECT: Old Clearwater Harbor Bridge Demolition, (west end), seawall replacement
RECOMMENDATION/MOTION: Ratify the City Manager's emergency approval of a purchase
order issued to Inter-Bay Marine Construction Company of Largo, Florida in the
amount of $30,000.00, for seawall replacement in conjunction with Old Clearwater
Harbor Bridge Demolition,
au and that the appropriate officials be authorized to execute same.
BACKGROUND:
On July 01, 1993, the City Commission awarded a contract to The Hardaway Company
of Tampa, Florida, for the demolition of the westernmost spans of the Old
Clearwater Harbor Bridge. It was noted at that time that there was a possibility
that the seawall sections would have to be replaced after the bridges were
removed.
During removal of the east bridge section it became apparent that the bridge
abutments could not be sawed-off and that the installation of two, short seawall
sections would be required. We requested a quote from The Hardaway Company to
construct the seawalls on a "change order" basis. We felt their quote was
excessive and proceeded to obtain two other quotes (copies attached). During a
stormy high tide we experienced a loss of material and subsequent failure of a
16" water line in the area due to erosion. At that time we instructed the
contractor to erect a temporary retaining wall and to leave the section on the
west span of the old bridge at the existing seawall intact until we could arrange
for the construction of replacement seawalls.
The city Manager instructed us to issue a purchase order for construction of the
replacement seawalls to Inter-Bay Marine, the lowest of the three quotes
received, on October 20, 1993.
The available balance of $184,734 as of October 26, 1993 in the
Bridges/Docks/Seawall R & R capital improvement project is sufficient to fund
this purchase order.
ACM N/A
I Other N/A
r::~
seawal-1.agn'-' ,
Appropriation Code(s)
Attachments:
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Reviewed by:
Legal N/A
Budget ~
purchas i ng '-:tI1'v\
Risk Mgmt. N/A\
Originating Dept.
Public uorkS/EJ9. ~
'l ell7J
User Dept. v
Costs: $30.000.
(Current FY) 93/94
Commission Action
Funding Source:
Approved
Approved
w/conditions _____
Denied
CIS
N/A
Advertised:
I Date:
Paper:
I
I Not required
,I Affected parti es
I notified
I Not required
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Capt. Imp. X
Operating
Other
Cont1d to
315-93470-563800-541-000
Memos & Quotes
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CBTY OF CLEARWATER
Interdepartment Correspondence Sheet
TO:
Michael 7' Wright, City Manager
A.-/~G~
William C. Baker, Diroctor of Public Works
'. ':'
FROM:
COPIES:
Gary Johnson, Public Works Project Coordinator
Terry Jennings, Chief Engineer
SUBJECT:
Seawall Replacement - Clearwater Harbor
DATE:
September 7, 1993
The Hardaway Company will complete the removal of the two old westernmost bridge
sections this week. With the removal of the old bridge abutments It will be necessary
to fill in the resulting gaps with seawall.
We have obtained three quotes from marine contractors, and Inter-Bay Marine
Construction Company is the low bidder at $30,000.00. While the unit price per foot
for this work might seem high, please be reminded that the walls are to be fifteen feet
deep, on both sides of the channel and requiring two separate set-ups. If this work
were for any substantial distance wherein the contractor could achieve some
production officiencies the unit prices would be less.
We need to accomplish this project as expeditiously as possible in that erosion and
bank-sloughing (lre a function of time (and storms) and the amount of work necessary
could increase.
weB/aa
'Attachments
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CITY OF CLEARWATER
Interdepartment Correspondence Sheet
TO:
William C. Baker, Director of Public Works
_ FROM:
Gary Johnson, Public Works Project Coordinator
COPIES:
Terry Jennings, Chief Engineer
SUBJECT:
Old Clearwater Harbor Bridge Demo (west end)
DATE:
September 2, 1993
Subsequent to the removal of the referenced structure it is necessary to build two 26' long
seawalls. I requested a change order price from Hardtlway Construction to construct these
seawalls. I felt their price was too high and proceeded to request additional quotes from marine
contractors for this work. The results of my inquiries are as follows:
DA TE RECEIVED
CONTf1ACTOR
AMOUNT
August 1 8, 1 993
The Hardaway Company
$57,000.00
August 26, 1 993
Murphy Marine Construction
$39,600.00
r
September 2, 1993
Inter-Bay MClrine Construction
$30,000.00
I had also requested quotes from Pinellas Marine Construction and \Nhitewater Construction but
they have not responded. The quote from Murphy Marine Construction includes removat' of some
of the old bridge structure that they referred to as .. old seawall from mudline down". This is an
item that Hardaway will remove in the original demo project and I have requested Murphy to adjust
their quote accordingly. Please review the attnched quotes and advise me of the proper procedure
to accomplish the installation of these seawalls.
Gary
leawan.oaf
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08/18/93 15:.:13
THE ,-IAP.DAl.Jr:1Y COllFnl.ri .~ t162G6(ll
THE
HARDAWAY
COMPANY
P. O. Box 29GB 17
Tampa, r-Iorlda 336B7
813-8?3.5877
August 18, 1993
City of Clearwater
P.O. Box 4748
Clearwater, Fl. 4748
At'tn: Gary Johnson
Project Coordinator
FAX 462-6641
Re: Old 60 FLshing pier
West End of Memorial Causeway
Proposal For Seawall
Gentlemen:
As requested, we are plellsed to quote on the installa.t'iot1
of (l $eawal 1 at the end of the ubove referenced structure.
We have looked at constructing lhe seawall from botlt con-
crete and steel slJecl piles, and the prices a.re given below.
We have not included lUl~' amount for the cost of tl permit,
altho\Jgh 'we recognize that a permit would be requir,ed.
The opening left by the ,removal of the olel bridge is 26 feet
across. I t appears th'n.t: the old bridge sat on a pi Ie cap
under'the ground. As vest we c:an determine, this cap is flush
wit h the b n c k 0 f t 11 ere llltl i n i n g W (l 1 1. W (! p 1 an on ins taIl i n g
the new seawall behind tlJi3 ct\p, uncI overlapping behind the
existing walls.
For constructing the new seawall we quote the price of:
1 . Concrete .~30 ,'600.00 for one end.
$57,000.00 for both ends.
2. St.eel $28,900.00 for one encl.
,~ :; 4 , 800 . 0 0 for both ends.
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THE HI:1F~DI:'ll.JI:\'I' COI'lPI:'1IIY
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HIJ . :..101 1-'lJ~d
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'August 18, 1993
City of Clearwater
Gary Johnson, Project Coordi.nator
Page 2 of 2
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A. We have not included the cost of furnishing nnd,
placing i3-ny HiprlJp (it the front of the wall. If
Riprap were required, w~ could Use some of th~
concrete from the old bridge at no cost.
B _ We r e C 0 111 III e 11 d 1.1 S 1. n g the. s tee 1 she e t p i 1 e W l\ 1 1 i f
possible. This wall would be quicker to install and
would not require jettIng to inslltll the sheets. It
would be n lot casier to avoid disruption to the
existing parking lot tll1d utility tines with steel
sheets, since they can be installed from ground
level without jetting.
C. We have assumed that the same eq\1ipment being used
for the dernolition would be llsed fot" this work. We
have not included the cost of any rc-mobitizh.tion.
D . W j, t 11 t 11 e con c r e t c she e t. p lIe s, we h a v e aSs \1 me d t hat
filter fBbric would be used to contain the fill
behind the scnwall. with the steel sheet piles, We
would use some filter fubric, as well as a concrete..
pIng poured in the belly of n sheet, betweet1 the new
nnd the exis t ing walls.
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E . ,We h a v e ass \l tTl e d u 1 e n g t 11 0 f 1 5 fee t for t h ~ she e t
piles.
F. We have incl'uded the cost of painting both sides of
the steel sheets with epoxy paint.
! '
We appreciate the chance to quote ort this wall. Please catl
u s w i tll any que s t ion s you rn a y 11 a v ere gar din g t his pro po S n 1.
Very truly yours,
THE HARDAWAY COMPANY
~.x!C,li/tdUp~j
'f/.. c.- M J s c r oy I /@1
Vice President
JCH/bmnl
Ct-;: Dun Hembree
Pi I~ Jr.1:17
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MARINE CONSTRUCTION, INC.
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3718 W. ~ah Juan Street
Tampa, Florida 33629
(8 i 3) 835-0(307
August 25, 1993
city of Clearwater
1',0. Box ,4748
Clearwuter, Florida 34618
At tn: Mr. Gary Johnsoll
RE: CLEARWATER II^RDOR DRIDGE SJ~^W^LLS
Dear Mr. Johnson:
MURPHY MARINE CONSTRUCTION, INC. wi 11 supply nIl labor, materials,
equipment and supervision to construct Seawalls as pet' following
Scope of Work:
SCOPE Of WORK
1 . It e In 0 V e old s e n will 1 r r () rn mud 1 i n e c1 0 W n 5' - 0 II (~. / - 1 ' - 0 " ) .
2. Existing concrete rip rap will be placed along existing
seawall.
3. Furnish llnd instnll the following:
^. 15'- a" x ~'- 0'1 X 8" Pre-Cast.Panels.,
n 2 0" x 1 6" C
. .n p .
C . 1 B I' X 1 2 'I ^ n c 110 r s .
D. #10 Tie-backs.
nID PRICE
$39,600.00 t
* CL^RIFIC^TIONS!EXCLU~IONS
1. Our price does not include permits, bonds or fees.
Z. Our price is based on a 26'-0" seawall on the east and
west side of old Clellfwlltcr Harbor Bridge.
3. Our price does not include any backfill or restorntioris.
If llny ndditionnl information is required, please feel free to
contact me.
Sincerely,
\Z~ 1.:-0~
R i c h 111' c1 (iJ. Des te i n
Vice President
93-13110
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~'~3-02-93 10: 17 AM
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P02
TO 813 ~G2 66~1
INrrElt-DAY MAltINE CONS'I'rtlJC'rrON CO.
e~lbtthi ~u.wA.l.l'
tAlVAOt [)I\1IHO
JollllIO ".,.....,1\
'UWAl\' II. """"11
e(')4j(;Ml~ \>OeM
oi\A.oWa wonl<
.uUbul6UA "'I'. a. CAIU
7950. 1l81h AVEHUr: NORTII
LAnGO. FlOI1lDA J.{r;-1:1
TEl. F. Niall!!
(1\ I~) 501 (j..H" "
r-Ax
(013) ~.\I.1t~t
Sapt~mber 2, 1993
Mr. Gary Johnson
City of Cl~arwater
fax: 462-6641
~k: Seawall abutments at East & We~t End of
Old Memorial Causeway
r~n.oJ:100SAL
w~ ~ropo~e to install approximately 56' of 8" X l~' ~eawal1 slabs
C! h d sea ~'l C\ 11 C (l P 0 nth e E ct s t. D n d v7 est s 1 d ~ 0 f Me III 01:'1 C\ 1 e a u A ~ way ,
b~ach end.
t1.' h ~ p r 1 c ~ 1 n c 1 u des t 1 e b (\ C J< 9 (l tt d (Ill d i r t . T h ~ p r b p 0 a a 1 do e s t1 0 t
ihclude nny restoration such 06 sod, paving, guard rails} etc.
City bf Clearwater is responsible for all permit~ and ramoval of '
. t1hy active utilities.
Our price for this project 85 listed above 1s: THIltTY THOUSAND ANb
No/lOa DOLLARS ($30,000.00)
IJ Is C\ f3 t3 c till i t yo \.1 h a v r. a h y . q 11 est ion 6 .
Very truly yours,
0Lz.~.A.J- l__ ,.a..za.{~ut....sl... O~-
steve N. Stanfurd ,
Pres.ldent
SNS/sh
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DEPT./DIV. ~:~i~:~~~ · . PURCHASE REQUISITI9,N" '~. PuRdlASEDRDERNO.'..):<:.,
D-ATE PR~PAR~D' 10/14/93 '0-0 - --~ _ ~ ity of Clearw.ater,.' '.~;,.>. (ASSIGN,:.? BY PURCHASING)
PERSON" GARY A <JOHNSON 4;~ PURCHASING DIVISION ',:,.,. ":':",. ", ,.,;.t".,'\";..':, I
RESPONSIBLE. P.O. BOX 4748 '. ':,: ,,:....:.:..'. . '.
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PHONE NO. (813) 462. 6042 CLEARWATER, FL 33518 .: ,~. CIn. Oi'~'CLEARWATER "~<
(546-4612) DELIVER TO:' 'PuBLlC"'WORl\.S!ENGINEIe:RING I :.
RECOMMENDED VENDO(={ INTER-BAY MARINE CONSTRUCTION STREET ADDRESS 10 "SOUTH MISSOURI AVENUE
MAil/STREET ADDRESS 7950 118TR AVENUE NORTH CITY. STATE.ZIP COD~CLEARWATER, FL 34616
\:....
VENDOR NAME
PART B
ATTN:
MAl L/STREET ADDRESS'
CITY. STATE, ZIP COD'~::'"''
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DATE SERVICES/MATl:RIAlS NEEDED:
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UNIT
ITEM QUANTITY OF
NO. MEASURE
EQUIPMENT. SUPPLIES OR SERVICES REQUIRED".,: ,~.. II. ' " ,"
,: UNIT, TOTAL
FURNISH COMPLETE DESCRIPTION. MAKE/MODEL AND INCLUDE. ~ :',~ ~''''': '.' PRICE " :', PRICE
OR t...TTACH SPECIFICATIONS WHEN APPLICABLE' ': ..' .', ::,;.:',
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1.
I
LUMP
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56 L.F. OF 8" X 15' SEAWALL ,SLABS AND S~WAL~~.CAP
ON BOTH SIDES OF THE WESTERNMOST SECTIONS~.OF'THE. "',,/,,
OLD CLEARWATER HARBOR BRID~', INCLUDING ~IE BACKS', '~-: :'\
AND FILL DIRT AS PER CITY STANDARD, "TYPICAL. SEAWALL
SYSTEM". ::: ";,'
$30~OOO
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RESTORATION SUCH AS SOD, PAVING, GUARD RAILS '.' ETC. '
ARE NOT INCLUDED. :. ~ ,':: " . "
ANY PERMITS REQUIRED WILL BE OBTAINED ~y THE CIri"~::
OF CLEARWATER. '.' '..:'"
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I HEREBY CERTIFY THAT THE ITEMS SPECIFIED ABOVE ARE
NECESSARY FOR THE OPERATION OF THIS C:::'P^RTMf:NT, THAT
SUFFICIENT FUNDS ARE AILAB E COVER THIS RE.
QUI REMENT AND THAT T S REO M' T IS ar;ING PRO.
CESSED PURSUANT TO '.LA OR A I oJ 'RATIVE. ^UTHORITY
DELEGATED TO ME.. '
F.O.B. POINT
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PROPOSED CE LIVERY DATE
DATE APPROV
?A YMENT TERMS
SUBMITTED BY
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QUOTED BY (N~MEI
APPROVED BY
TELEPHONE NO.
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QUOTE EXPIRES.
ACCEPTED OY
(1'\llIClli\~;1tIG orrlCCI
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'. PUBLIC WORKS -
DEPr./DIV. -ENGINRERltiG
D~TEPR~PAREO 10/14/93
~~~~g~sIBLE GARY A. JOHNSON
PHONE NO. (813) 462- 601,2
~~
PURCHAS~ REQUISITION :::CAI\' b ".l.{".,~3o~
li " PURd-IASE ORDER NC. -.:.._~_ .~____ '
ity of Clearw.ater . "f,
PURCHASING DIVISION
P.O. BOX 4748
CLEARWATER, F l 33518
. to,
(A~.:':;!t;I'!E,:} '~'f PURCi.I.e..S/;<JG)
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(5/,6-4612)
, INTER-BAY MARINE CONSTRUCTION
RECOMMENDED VENDOR
MAIL/STREET ADDRESS 7950 118TIl AVENUE NORTH
CITY OF ,CLEARWATE~ ,; ,
DELI V E R TO: ~l1lillc' WORKslENGIIDlliR.lN.G
STREET ADDRESS 10" SOUTH MISSOURI AVENUE
CITY, STATE, Zl~ CODE. CLEARWATER, FL 3/,616
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CITY. STATE, ZIP CODE LARGO ~ FLORIDA
, EXPENSE CODE '315-93/,70-563800-51, }-OOO
ASAP
DATE SERVICES/MATERIALS NEEDED:
PART B
VENDOR NAME
ATTN:
MAIL/STREET ADDRESS ..
CITY, STATE, ZIP,C;OD~"""
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UNIT
ITEM QUANTITY OF
NO. MEASURE
1. I LUMP
SUM
EQUIPMENT, SUPPLIES OR SERVICES REQUIRED
r:URNISH COMPLETE DESCRIPTION, MAKE/MODEL AND INCLUDE
OR ATTACH SPECIFICATIONS WHEN APPLICABLE '
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UNIT
PRICE
TOTAL
: PRICE
56 lieF. OF 8" X 15 I SEA.WAI.L SLABS AND SEAWALL CAP
~ '.' 10 .
ON BOTH SIDES OF 'rIlE WESTERNMOST SECTIONS ,OF 'THE,
OLD CLEARWATER IIAIU30R B RIDG~', INCLl,IDING TIE BACKS' ~,','
AND FIl.L DIRT AS PER CITY STANDARD, "TYPICAL, SEAWALL
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$30,000 $30,000.00
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RESTORATION SUCH AS SOD:J PAVING, GUARD RAILS,. ETC.
ARE NOT INCLUDED. 'I .
ANY PERMITS REQUIRED WILL BE OBTAINED BY THE CITY
OF CLEARWATER.
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I HEREBY CERTIFY THAT THE ITEMS SPECIFIEP ^BOVE ARE
NECESSARY FOR THE OPER^TION OF THIS Di::P^RTMf:NT, TH^T
SUFFICIENT FUNDS ARE AILAS E COVEn THIS RE.
QUIREMENT AND THAT T S FlEO'L -M. T IS BEING PRO.
CESSED PURSUANT TO LA OR A fl 'RATIVE AUTHORITY
DELEGATED TO ME.
F.O.B. POINT
PROPOSED Dl:L1VERY DATE
SUBMITTED BY
PA YMENT TERMS
QUOTED BY (NAME)
APPROVED I3Y
TE LEPIIONE NO,
DATE APPROVED
OlJOTE EXPIr-lES
^CC:f:PTF.D flY __
(l'lJl\l':l IM:ING OF rieL I
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. '" EXCEPTION'S' TO 81 DOl NG PROCEDURES APPLICABLE,r.TO' C,ERTAiN:; PROCUREMENTS '~',OVER $500
(See Art. \I, Sec. 42.23, Code of Ordinances), ' "(:,; "",/; .:; ~., .',~<.1, :"', , (,':<,:; " '~! ." ;,. ,', .
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The following exception is applicable to this requirement, narrative' explanation/justification 'is furnished below
,', as required:',' I ' ""\,: ,!;..<.:' '>~:L::, ' . ".,:: ,:.: ":!",,,
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~ Emergen~y requirement. See Sec. 42.23 {1} Code of Ordinances'Jor.:requirement for Department Director'
to prepare and submit written summary of facts demonst,rating existenc~ o,f ;the en:1ergency.':'. '.'"i>,: '. .
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Sole source. See Sec. 42.23 (2) Code of Ordinances for requirenien~ for Department Director to prepare;,
and submit written summary of facts substantiating sole source purcHase, . ,,'::i, :;." ... /~::/:' .,>,:);.
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Commodity available on Federal, State, County or other go~ernmen,t e,ntity ~ontr'act. ' ,. '
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Profes:;ional services procured under authority of Sec. 287.0'55,~i='I~'rid~ Statut~s?;;;::,' ::h~~?:':;":'~":.':;' ::. ,I
Impractical to so Ii ci t co In pet i t i ve bid s. . <: :'\;':"':J~.',.;:":,.:,:,r':j}.~,:J;,. ' .~.: :i::}:. ,.~.,: :.':-: ::, ".: ' .
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TnESl~ SEAWALLS ARE UEQUlRED WHERE TUE WESTERNMOST ENDS OF' TIm OLD, CLEARWATER
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PASS BRIDGE' WERE RI~MOVED ON AN EMERGENCY BASIS. WE )IAVE . ALREADY EXPERIENCED A
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WASIlOUT AND SUBSEQUENTLY A LOSS OF MATERIAL AND . WATERLINE ,"FAILURE AT, ONE, OF, ~'
TWO LOCATIONS.
SEE ATTACHED MEMOS AND QUOTES.
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31 ~.
ORDINANCE NO. 5492-93
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
RELATING TO OFFENSES; CREATING A NEW SECTION 20.05, CODE
OF ORDINANCES, PROHIBITING GRAFFITI, AND REQUIRING THE
REMOVAL OF GRAFFITI WITHIN THREE BUSINESS DAYS FOLLOWING
NOTICE THEREOF; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the presence of graffiti creates an atmosphere of urban decay and
depreciates property values, and is otherwise contrary to the image of the City
of Clearwater as a desirable place to visit, work, and reside; and
WHEREAS, the City Commission finds it necessary to encourage the prompt
removal of graffiti as provided herein; now, therefore,
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. Section 20.05, Code of Ordinances, is created to read as
follows, and existing Sections 20.05 through 20.08 are renumbered as Section
20.06 through 20.09:
Sec. 20.05. Graffiti prohibited; removal required.
(1) As used in this section:
(a) II Graff it i II means one or more 1 etters, s ymbo 1 s, or other mark i ngs
painted, drawn or otherwise applied to a wall, post, column, or other building
or structure, or to a tree, rock, or other exterior surface, publicly or
privately owned. The term does not include signs authorized pursuant to, or
exempt from the provisions of, chapter 44. The term is the plural of IIgraffitoll
but, for the purposes of this section, the singular and the plural forms shall
be deemed synonymous.
(b) II Owner II means as defined by Section 1.02.
(c) IIRemovell means to clean away, cover with paint matching the
background color, scrape off, or otherwise cause graffiti to be no longer visible
from a distance of 10 feet or more.
(2) It shall be a violation of this section for any person to paint,
draw, or ottlerwise apply graffiti to any wall, post. column, or other building
or structure, or to a tree, rock, or other exterior surface, publicly or
privately owned, within the City of Clearwater.
(3) Graffiti found upon privately-owned property within the city shall
be removed by the property owner or, if the owner is not in possession of the
property, by the tenant or any adult person acting as the agent or property
manager" for the owner or the tenant, within three bus iness days following service
of notice to such person of the existence of graffiti upon such property. The
notice shall be served by hand delivery or by mail, postage prepaid, to the
address of the owner or tenant according to the property records of the county
property appraiser, and if served by mail a copy of the notice shall be posted
;~ .~.
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in a prominent location on the premises. The notice shall identify the property,
describe the nature and location of the graffiti, and state that the graffiti
shall be relnoved not later than the third business day following service of the
notice. The failure of an owner to remove graffiti within three business days
following service of notice of the existence of graffiti upon the property shall
be a violation of this section.
(4) Graffiti found upon city-owned public property shall be removed by
the city manager within three business days following discovery of the existence
of graffiti upon such property. If graffiti is found upon public property not
owned by the city, the city manager shall give notice of such graffiti to the
owner and shall request the prompt removal of the graffiti.
Section 2. This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL READING
AND ADOPTED
, '
Attes~:
Rita Garvey
Mayor-Commissioner
Cynthia E. Goudeau
City Clerk
Approved as to form and correctness:
M. A. Galbraith, Jr.
City Attorney
3 \ 6.
ORDINANCE NO. 5482-93
AN ORDINANCE OF THE CITY OF CLEARWATER, fLORIDA,
RELATING TO NEWSRACKS AND VENDING MACHINES ON PUBLIC
RIGHTS-Of-WAY AND ON PUBLIC AND PRIVATE PROPERTY WITHIN
THE CITY; CREATING SECTION 28.10, CODE OF ORDINANCES;
PROVIDING DEFINITIONS; REGULATING THE LOCATION OF
NEHSHACKS ON PUBLIC RIGHTS-OF -HAY AND ON PUBLIC AND
PRIVATE PROPERTY; PROHIBITING THE INSTALLATION OR
MAINTENANCE OF VENDING MACHINES ON PUBLIC RIGIHS-OF-HAY;
I~EGULAT I NG TIlE LOCAT I ON AND I NST ALLA T I ON OF VEND I NG
MACHINES ON PRIVATE PROPERTY; PROVIDING FOR ENFORCEMENT
OF T/lE ORDINANCE i PROVIDING FOR THE RELOCATION AND
REMOVAL OF NEWSRACKS AND VENDING MACHINES UNDER CERTAIN
CIRCll~1STANCES; AMENDING SECTION 44.0B. CODE OF
OHDINANCES. HELATING TO EXEMPT SIGNS ON MACHINERY, TO
PROVIDE THAT SIGNS ON NEWSRACKS AND CERTAIN SIGNS ON
VENDING MACHINES ARE SlIBJECT TO REGULATION AS PROVIDED
IN SECTION 28.10; REQUIRING A SIGN PERMIT FOR EACH SIGN
UPON A VENDING MACHINE AND VISIBLE FROM OFF THE PREMISES
WITHIN DAYS FOLLOWING THE EFFECTIVE DATE OF THIS
ORDINANCE; PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. Section 28.10, Code of Ordinances, is created to read:
Sec. 28.10. Newsracks and Vending Machines.
(1) Definitions. The following words and phrases, as used in this
sect ion, sha 11 have the mean i ngs set forth here i n except where the context
clearly indicates a different meaning:
"Bicycle path" means any surface within a right-of-way provided for the
exclusive or primary Lise of bicycle traffic.
"Distributorll means the person responsible for the placement or maintenance
of a newsrack or vending machine. The term includes, but is not limited to, the
owner of a newsrack or vending machine.
IINewspaper" means any publication distr'ibuted to the public at stated
intervals by means of one or more newsracks, regardless of their content. The
term includes but is not limited to newspapers described by section 50.011,
Florida Statutes; publicalions which do not qualify as newspapers within the
meaning of said statute; and advertising circulars.
"Newsrack" means any self-service or coin-operated box, container, or other
dispensing device Wllich is installed, used, or maintained for the distribution
of newspapers, whether for a consideration or for free.
"Parkway" means any area within a right-of-way which is not a roadway, a
sidewalk,' or a bicycle path.
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2
"Sidewalk" means any surface within a right-af-way provided for the
exclusive or primary use of pedestrian traffic.
IIVending machine" means any self-service or coin-operated box, container,
storage unit, or dispensing device which is installed, used, or maintained for
the display, sale or distribution of a product or service for a consideration.
The term includes, but is not limited to, soft drink machines, food dispensing
machines, ice machines, and lIpayll or coin-operated telephones. The term does not
include newsracks or public service machines such as, but not limited to, parking
meters at public parking spaces.
"Vending machine operatorll means the owner of a vending machine, or the
person responsible for the placement or maintenance of a vending machine.
(2) Newsracks on publ ic and private property.
Newsracks installed on public and private property shall comply with the
requirements of this subsection. In addition, newsracks installed on public
rights-of-way shall comply with the requirements of subsection (3).
(a) No news rack sha 11 be used for advert is i ng or pub 1 ic ity purposes other
than advertising for the newspaper sold or distributed by means of such newsrack.
For the purpose of this paragraph, "advertising for the newspaper" includes but
is not limited to advertising for special editions or special features within the
newspaper. Not more than one such advertising sign may be placed on a newsrack,
and any such sign shall not exceed two feet in width and one foot in height
(horizontal sign), or one foot in width and two feet in height (vertical sign).
Th i s paragraph sha 11 not 1 imit the placement of the name of the newspaper
distributed from the newsrack on any number of locations on the newsrack.
(b) Each coin-operated newsrack shall be equipped with a coin-return
mechanism to permit a person using the machine to secure an immediate refund in
the event he or she is unab 1e to open the newsrack, except where the coin
mechanism has been sealed or disabled so as to permit the free distribution of
the newspaper. Each coin-return mechanism shall be maintained in good working
order.
;,'
(c) Each newsrack shall have affixed to it in a readily visible place so
as to be seen by persons using the newsrack:
1. The telephone number of a work i ng te 1 ephone serv i ce to call to report
a ma lfunct ion of the news rack, or to secure a refund in the event of a
malfunction of the coin-return mechanism; and
2. The name and address of the distributor.
(d) Each news rack shall be maintained in a neat and clean condition and
in good repair at all times.
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(3) Newsracks on public rights-of-way.
The location and placement of newsracks on public rights-of-way shall be
in accordance with the following requirements:
(a) No newsrack shall be installed or maintained upon or over any part
of any roadway or bicycle path, in whole or in part.
(b) No newsrack shall be installed or maintained upon or over any
sidewalk when such newsrack unreasonably obstructs the flow of pedestrian traffic
or vehicular traffic. Notwithstanding the generality of the foregoing, newsracks
may be located upon a sidewalk in excess of five feet in width, at the edge of
the sidewalk and on either side of the sidewalk but not directly opposing another
newsrack, and fronting towards the center of sidewalk.
(c) If a sidewalk adjoins a parkway of a size sufficient to fully and
lawfully accommodate a news rack , and if the sidewalk is five feet or less in
width, the distributor shall install the newsrack on the adjoining parkway.
However, a newsrack shall not be installed or maintained at a curb or, for a
roadway without a curb, at the edge of the roadway pavement, or within 5 feet of
a curb or the edge of roadway pavement.
(d) No news rack sha 11 be located upon any unpaved surface.
newsrack is located on a parkway, the newsrack sha 11 be p laced upon
reinforced concrete pad, four inches thick or greater, of sufficient
support the base of the newsrack. A newsrack sha 11 not be anchored
concrete pad.
(e) Wherever a newsrack is installed in an area zoned for residential
purposes, or in a public right-of-way adjoining property zoned for residential
purposes regardless of the zoning of the public right-of-way, no additional
newsracks containing (or installed for the purpose of containing) the same issue
or edition of the same publication shall be located on the same side of the
street within 1,000 feet of the installed newsrack, or within 300 feet of the
corner formed by the intersection of another street if the corner is within 1,000
feet of the installed newsrack. Provided, however, a distributor may locate
newsracks in excess of this limitation by demonstrating a public need for the
extra newsracks. A public need may be established by the following method, which
method is not exclusive. A distributor desiring to establish a public need may
place an extra newsrack at a proposed location, after notice to the city, for a
test period of one month. If during that one-month test period the average
circulation from that newsrack equals or exceeds 75 percent of the capacity of
the newsrack, tHen a public need will be deemed to have been established and the
newsrack may remain at the location.
Where a
a wi re-
size to
to such
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(f) No newsrack shall be chained, bolted, or otherwise attached to any
utility pole, traffic sign, bench, or other fixture located in a right-of-way.
(g) A newsrack shall not be installed or maintained in any location where
the newsrack impairs a motor vehicle operator's viewof motor vehicles, bicycles,
or pedestrians upon, entering, or exiting a right-af-way.
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(h) If a newsrack remains empty for a period of 10 continuous days, the
newsrack shall be deemed abandoned and shall be subject to removal in the same
manner as is provided herein for newsracks in violation of the provisions of this
section.
(4) Vending Machines on Public and Private Property. Vending machines
installed on public and private property shall comply with the requirements of
this subsection.
(a) No vending machine shall be installed or maintained within any part
of a public right-of-way.
(b) Vending machines shall be placed only on properties for which there
exists a building serving a principal use. Vending machines shall be placed
within a building, or may be placed outside a building if the following
conditions are satisfied:
1. The vending machine shall be under a roof adequate to protect the
vending machine against rain;
2. The vending machine shall not be placed upon the ground, but shall
be placed upon flooring adequate in size and strength to support the vending
machine;
3. The vending machine shall be placed flush against the building;
4. The vending machine shall not be located within a required setback,
open space, view corridor, or landscaping area, or within a parking space or
~travel aisle within a parking lot;
5. The vending machine shall not be located where the newsrack impairs
a motor vehicle operator's view of motor vehicles, bicycles, or pedestrians upon,
entering, or exiting a right-of-way; ,
6. The vending machine shall not be located at a place where such
vendi ng machine unreasonab ly obstructs the flow of pedestr ian traff i c or
vehicular traffic;
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7. Electric service to the vending machine shall comply with the edition
of the National Electrical Code currently in effect; and
8. Any sign upon the vending machine which is ,visible from off the
premises shall be deemed a "wall sign," notwithstanding that such sign is not
attached directly' to the building, and shall be subject to the requirements and
regulations of chapter 44. A sign permit shall be required for each such sign
effective days following the effective date of Ordinance -93,
notwithstanGnng that the vending machine may have been installed prior to the
effective date of the ordinance. In an action to enforce the requirements of
this subparagraph, the sign and not the vending machine shall be deemed to be in
noncompliance if a sign permit has not been issued for the sign.
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(5) Enforcement: removal.
(a) Upon determination by the city manager that a newsrack or vending
machine has been installed or maintained in violation of tile provisions of this
section, a notice of violation or a citation to appear in county court shall be
issued to and served upon the distributor and, in the case of a newsrack, to the
publisher of the newspaper.
(b) A notice of violation or citation shall specifically describe the
nature of the violation, and a notice of violation shall specify a reasonable
time, not to exceed 10 days, in which corrective action may be taken. In
addition, a copy of the notice of violation or citation shall be posted on the
newsrack or vending machine.
(c) If a newsrack or vending machine constitutes an imminent threat to
public health or safety, the newsrack or vending machine shall be subject to
immediate relocation by the city to a location where the newsrack or vending
machine will not constitute an imminent threat to public health or safety, and
shall be subject to removal by the city following the issuance and service of a
notice of violation or a citation to appear in county court accompanied by a
notice of intent to remove the newsrack or vending machine. The notice of intent
to remove a newsrack or vending machine shall include a description of the
newsrack or vending machine, the location of the newsrack or vending machine, the
nature of the imminent threat to public health or safety, the address of the
location to which the city proposes to remove the newsrack or vending machine,
and the name and a telephone number of a city employee who may be contacted in
order to secure the release of the newsrack or vending machine. The notice shall
also describe corrective action which may be taken by the distributor or, in the
case of a newsrack, the newspaper publisher, in order to avoid removal of the
newsrack or vending machine, and shall specify a reasonable time, not to exceed
10 days, within which such corrective action shall be taken. Upon failure by the
distributor or newspaper publisher, as appropriate, to take corrective action
within the time prescribed following service of the notice of intent to remove
a newsrack or vendirig machine, the newsrack or vending m~chine shall be removed
to the address stated in the notice.
(d) A newsrack or vending machine removed hereunder shall be stored in
a secure location for a period not to exceed 30 days. The newsrack or vending
machine shall be released to the distributor or newspaper publisher, as
appropriate, upon a proper showing of ownership and payment of storage charges
at the rate of $100.00 for the first day and $10.00 for each additional day. If
the news rack or vending machine is not claimed within the 30-day period, the
newsrack or vending machine shall be deemed abandoned and shall become property
of the city, and may thereafter sold at public auction. At least ten days prior
to the auction, the city clerk shall publish a description of the newsrack or
vending machine, the location from which it was removed and a notice of the
auction in a newspaper of general circulation within Pinellas County, and shall
provide the distributor, if known, with written notification of the auction by
certified mail, return receipt requested. The proceeds' of the sale shall be
applied first to storage charges and then paid to the general fund of the city.
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Section 2. Subsection (12) of Section 44.08, Code of Ordinances, is
amended to read:
Sec. 44.08. Exempt signs.
The following types of signs are exenlpt from the permitting requirements
of this chapter, provided that number, area, and other limitations set forth in
this section are satisfied. The area of exempt signs shall not be included in
determining compliance with maximum allowable sign area requirements. Exempt
signs are allowed in addition to signs for which permits are required. An
otherwise exempt s'ign which exceeds the 1 imitations of this section shall require
a permit.
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(12) Machinery 5'igllS. Examples are signs on newsracks flew5j3ape-r-machines.,
.y.efHI+f~na€f1-itle5T gaso 1 i ne pumps, and pub 1 i c telephone booths. S i qns on
newsracks shall be subject to regulation as provided in section 28.10. A sign
on a vendi ng rnach i rle s ha 11 be sub,;ect to requ 1 at ion under th i s chapter as a "wa 11
sion" if the sign is visible from off the premises, not withstandina that such
siQn is not attached directly to the buildinQ. and a sian permit shall be
required for each such sign effective days fo110winQ the effective date
of Ordinance -93. notwithstandinq that the vending machine may have been
installed prior to the effective date of the ordinance. In an action to enforce
the reguirements of this subsection. the siQn and not the vending machine shall
be deemed to be in noncompliance if a sign permit has not been issued for the
siqn.
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Section 3. This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL READING
AND ADOPTED
Attest:
Rita Garvey
Mayor-Commissioner
Approved as to form and correctness:
Cynthia E. Goudeau
City Clerk
M. A. Galbraith, Jr.
City Attorney
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MOTION TO AMEND ORDINANCE 5434-93
1. On page 2, in Section 2.063, subsection (1), delete paragraph (a) and
reletter the remaining paragraphs.
EFF ECT: Removes the Bu i1 d i ng/ F 1 ooel Boa rei of ^dju s tl1lent and Appea 1 s
from the list of boards exempt from the residency requirement.
2. On page 3, in Sect'ion 2.061\, subsection (2), delete "and consecutive" after
"served two fu 11,1/ and channc "equa 1 to one full term" to "cqtlil 1 to two fu J 1
terms. II
EFFECT: Amends the proposed new sentence as follows:
(2) Once a person has served two full ~d consecutive terms
on a board, that person shall not be eliqible for reappointment to
the same board for a 1 ength of time equa 1 to TWO GA€- fu 11 TERMS -t-erm
on the board.
3. On page 3, in Section 2.064, add a new subsection (1) to read as follows
(and renumber the other subsections):
ill Except as may be required by state law, and
notwithstandinq any other provision of this code or a resolution of
the city commission to the contrary, a term of office on any board
shall be for four years. Th'is provision shall not apply to any
member of any board who is presently servinq a term of areater or
less than four years until the expiration of such term, but this
provision shall apply upon the expiration of the current term of
each such member.
EFFECT: Increases the term of office for all but one of the boards
to four years. Of the 14 regulatory and advisory boards, only one
has four- yea r terms (the Bu i 1 d i ng/F lood Board of Adju s tment and
Appeals). A 11 others have 3-year terms except the Neighborhood
Advisory Committee, for which the terms are unspecified.
4. On page 4, in Section 2.067, add the following sentence:
Each board shall adhere to Robert's Rules of Order.
5. On page 4, in Section 2.068, subsection (1), insert a period after lIupon
invitation only" and delete the phrase, 1I0r as their official duties may
require.1I
EFFECT: Amends the proposed new sentence as follows:
(1) . . . City employees shall provide support for a board
upon invitation only or ~s their official duties may require.
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ORDINANCE NO. 5434-93
AN OI~DINANCE OF TilE CITY OF CLEARHATER, FLORIDA,
nELATI NG TO TilE APPOINTI VE BOARDS AND COMMITTEES OF THE
CITY:; ,AMENDING SECTIONS 2.061 TIIROUGH 2.069, CODE OF
ORDINANCES, TO REQUIRE TIIAT MEMBERS OF THE APPOINTIVE
BOARDS AND CO~U1I TTEES OF TilE CI TY SIIALL BE RES IDENTS OF
TilE CITY; rHOVIDING FOR EXCEPTIONS TO THE RESIDENCY
HlJl.E FOR CERTAIN SPECIFIED BOARDS; PROHIBITING CITY
Ef.1PLOYEES FHOM t1EMBErlSI1I P ON TilE BOARDS AND COt1MI TTEES
OF 'TilE CITY; PROVIDING A PROCEDURE FOR APPOINTMENTS TO
TilE BOARDS AND COMMITTEES OF TilE CITY; LIMITING
REAPPO I NTMENTS OF MEMBERS AFTER TWO FULL AND CONSECUTI VE
TERMS AS A MEMBER, OR AFTER RESIGNATION FROM A BOARD OR
COMMITTEE i PROVIDING Fon TilE REMOVAL OF MEMBERS FOR
EXCESSIVE ABSENCES; PROVIDING AN EFFECTIVE DATE.
BE I l ORDA I NED BY TilE CITY COMMI SS I ON OF TIlE CITY OF
CIEAHHATER, FLORIDA:
SectiQIL.l. Sections 2.061 through 2.069, Code of Ordinances, are amended
to read:
Sec. 2.061. Application of articl~: definitions.
Jll The provisions of this article shall apply to all appointive boards
pf the City -anfl-Eomm4-t-:tee-s-, except as otherwise provided in this Code.
l.f1 As Ilsed in this article:
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1JU "Board of the City" or "board" means a board, committee, authori~
or other entity established by an ordinance or resolution adopted by the city
fOl1lJlli~~jon or'_h~_~J1ecial act of the Florida LeQislature relating solely to the
~;tY-L-alllL...fQL!Y!tif.!L!!lL..f,llLfOllllnission has the authority to establ ish the
!l!.laljf..;c~tjOJls_.for .J!lelllbgr:~!lill. The term does not infl!!de an agency of tt}e state
or of the county, or an aqency established by interlocal agreement,
llQ.twilh~taIHliniL~hllt the cilLfQIllI!!issiot1 may aQPoint one or more member~ to the
boarQ-9-f s!.!ctLi!qenf.Y~
1.u1 ~gg~ji!g!l.L.-uillf!ns-i!_!li!tural person who resides W.ittlin the City of
gQM:water ti!L!lQt less than six months in each calendar year.
Sec. 2.062. Establishment of new boards and-eOlll1tl-t-tees-.
New boards -aIH.!-€Ollull.i+tees- shall be established by ordinance at the
d i s ere t ion 0 f the c i t Y co 111111 is's ion. A n or din an c e est a b , ish i n q a boa r d 5 h a l' a 1 so
establish the duties of the board and the qualifications of its members.
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Sec. 2.063. Qualifications and appointment Ap~tmeflt. of members.
111 In addition to other Qualifications which may be specified for board
membership, a person appointed to a board shall be a resident of the city at the
time of appointment and shall maintain residency within the city during the term
of the appointment as a condition of eliQibility to hold office. No employee of
the city shall be appointed to membership on a board of t~e city. As exceptions
to the requirements of this ~ection:
(a) The Buildinq/Flood Board of Ad.iustment and Appeals shall be appointed
as provided in Section 47.031.
10 ) T he Co I11Ill un i t y R e 1 a t ion 5 Board s hall a p po i n t e d as pro v ide din Sect ion
2.121 .
(c) The Firefiqhters Relief and Pension Fund Board of Trustees shall be
appointed or elected as provided in Section 2.443.
{d) The Firemenls Pension Fund Board of Trustees shall be elected or, in
the case of the mayor and chief of the fire department, assume office as provided
in Section 4 of Article I of the Related Laws of the City. derived from Chapter
30658. Laws of Florida. ~pecial Acts (1955).
(e) The Gas Fitter's Examininq Board shall be appointed as provided in the
Gas Code of the City of Clearwater! Florida. 1965, as adopted by Ordinance 1070
on December 6, 1965. or as may be amended from time to time.
(f) The Pension Fund Pension Advisory Committee shall be elected as
provided in Section 2.395(2)
(Q) The Police Officers Pension Trust Fund (also known as' the
Supplementary Police Officers' Retirement Fund) Board of Trustees shall be
appointed or elected as provided in Section 2.473(1).
ill Any person appointed to any board or committee- of the city shall be
appointed by the city commission in the following manner:
Jill .H-} Any person meetinq the qual ifications of office and wishinq to
serve on a board shall submit his or her name and a brief resume to the city
clerk. AL4he-5€€-eH6-flegu..la~E-i-ty-&eHlII~.Aefl-mee-t-l-flg o'f Ca&fl-fllenth, amHHtflEeffleftt.
-s-J.la-l-l-ue-made-ef---v.ae-afl€-l&5-eA---the var4Bu-s-adv i SOy'y b&aYJd s af3Pe4fl-te4-~he-
€-BmllH~A.
1lU ~ The city clerk shall notify the city commission, in writinQ. of
lJPcominq vacancies on the boards, and shall provide to the city commission the
names and brief resumes of the persons who have expressed an interest in servinQ
on each board hav;nq a vacancy. N9ilH-R-ation~ '"dth brief resumes shall be made by
-ttle-ma-yer-€effilUissioflcr and the other-wmmissioners prior to the next regular
meeting. NenH-flationH-fl writin-g-will be aCGepted from individuals and groups.
f-epies of name-s-s.Aa+l-~e-4-:i.stri bu-t-€a.
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.uJ. fJ-t At the firs t regu 1 ar C it v comnri s s i on meet i ng each month.,L. tfte.
mayor- cOffifl1issioAer shall prcscftf-his recoHlfneooations ane. appointments will be
made by a vote of the cOlllmission to fill the vacancies.
ld.l f4+ Board -r-he- members of .111 advisory 8oard~ aAd cOIHHlittce-& whose
terms have expired shall continue to serve en such boards or committecs until
their successors are appointed.
f5) Per-sGft5--flem4-R-ate-G-afW-Aot appointcd shall be retai ned on a 1 ist for
~~-eA5-4'eera-Hen if sl:t€A-pwsens eXfWess an interest in be-i-flg p laccd oA-t-Ae-
list.
ill {e+ \~hen a vacancy due to resiQnation, removal, or death is filled.,L.
the appo i n tmen t of a rep 1 acement member s ha l' take effect tcrm staH5- on the date
of appo i ntmen t I except as ma V otherwi se be prov i ded by un 1 cs $ thcrc i $ a conf 1 i ct
w-i-t:-+t state law. A vacancy due to expiration of a term shall be filled
aQPl~OX i ilia te 1 y 30 cia ys in advance I wi th the appo i ntment effect i ve as of the
beQinninq of the next term.
Sec. 2.064. Terms -NufIlBeP-ef terlDS- of members.
(1) No With the cxcefH4efl-ef city staff or department me-maer-s appointcd
-te-be-a-rds, n& person s ha 11 serve more than two consecut i ve fu 11 terms on anyone
board er-&efHm-t-t-tee-, and no person sha 11 serve concurrent ly on more than one board
unless the second board is an ad hoc board.
(2) Once a person has served two full and consecutive terms on a board,
that person shall not be eliqible for reappointment to the same board for a
lenqth of time equ81 to one fu 11 term on the board.
.
Sec. 2.065. Compensation of members.
Board -8-fHi-&eHllll+t-tee- members sha 11 serve without compensat ion except as may
be provided by ordinance or -5f3€'E-l-a-l- resolution of the commission.
Sec. 2.066. Attendance by members at meetings.
(1) Except as lIlay otherwi se be prov i ded by 1 aw, a member of rcprescnta t ive
-ta. any board 6P-EGHlIH-f-t.t.ee may be removed by the appointinq authority €-:i-t-y-mana1]er
for excess i ve absences. "Excess i ve absences II sha 11 mean:
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(2) The staff liaison for each faffi board or eommittec shall be required
to keep attendance records and to submit monthly reports to the city clerk t+ty
ffia~er setting forth both the excused and unexcused absences of each member of
the board e~tHfIH-t-tee-. Ihe c it y clerk wi 11 not i fy the appo i nt i ng author it y and
request c1irection'reqarding the removal of any board member havinq a record of
excessive absences.
(3) Where the city manaqer is the appointinq authority, a Arty- board ffi2
€6lUmmee- member affected by a decision detcrmination by the city manager that
such eGa-ra-e-r-eemmittee member should be removed because of excessive absences
-t-R-~:lee-uHe~95eHres -in any 12 mef-l-t.H-J3er-i-e4 may appeal such decision to the
city commission by f'iling a notice of appeal with the city clerk within ten days
of receipt of a copy of the city manager's decision rellloviH~ch board or
€-6Hu>>-itlee-H1eml:} eF-. ~u e-h-ai3flea-Hka-l-l-be-l-i-llH-tet!-t-e-the---r€€-B r6-6f..--t.fle-a c t ion t a k-efl.
~he-e-:t+Y-lIIa nager-.
Sec. 2.067. Officers and bylaws.
The boards -afla-€omm.+t-E-ee.s- es tab 1 i shed by the city sha 11 meet annua 11 y for
the purpose of electing one of their members as chairperson and electing other
such officers as may be necessary. Each board er--eemm+ttee- shall adopt rules and
regulations to govern its proceedings, including rules and regulations governing
attendance, and keep a correct record thereof.
Sec. 2.068. Staff members and ~t-hep. ex officio members.
(1) The city manager ~hall appoint a staff member to serve as a liaison
with an cx off i c i 0 member to each of the adv i sory boards -and comm-i t tccs
established by the city commission. City employees shall provide support for a
tioard upon invitation only or as their official duties may require.
(2) The +fl---aadition, tRe- city commission shall ffitt;Y designate a person
between the age of 17 and 22 years who mayor may not be an active student to
serve as a 'a-ft-e~eff i cia- member of each of the fo 11 ow; nQ board 5: The-tfle-
COlllll1Un i ty re 1 at ions board, park sand recreat i on board, 1 i brary board and
beautification cOJllmittee.
-(.:J) \'Ihere tHe-e-~ty commission reqtfe~ts thilt a person having thc status of
-a-s-tu<4etl-t-be-af3f1&Hvt;.e4-as an ex officio membcr to any of thc b9ard~ established
B:Y the city cemnt4-s-s-i-eR,--t-Hcn thc city managcr shall sclcct such a pcrson to fill
~h ex 0 f-f.-i-c i 0 a P f3a+R-ttHe n t aft e r fir s t vcr i f y i n g t hat s u c h per son i s c i t h c r a
M~fl--5-81aol or co~c studart-a-fHl shall provide J rcport to the city commission
giving tRe--flaRIC of the-flers-9A-5elcctcd, thc placc whcr~ch person is cnrollcd
-a-s a StH6ef1t-afHJ--tfte-Be-a-ra-s.uch persen vd 11 SCf-ve on a~ ex officio memaer-.-
Sec. 2.069. Resignation of members.
Members of boards .afl4-€ellll11ittCC5 Illay resign at any time. A-l-l rcsignatioftS-
shall be in effcct for a perioe of ORe yeaF-a-fHl-aurlt1~at pcriod, A member who
resiqns -Fe-s-tgRee-5- will not be elig"jble for appointment to the same board ~
€-BHlIlH-t-te& for a period of time equal to a full term of that board.
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See t i 011 2. Noth i og here in sha 11 affect the term of any member of a board
of the City as of the effective date of this ordinance, and each such member
shall serve the remainder of his or her term without regard to any provision of
ttlis ordinance wtlich might otherwise disqualify such member from appointment or
membership. I I
Sec t iO!Ll. T his arc! i na nee s ha 11 tak e effect i mllledi ate 1 y upon adopt ion.
PASSED ON FIRST READING
PASSED O~ SECOND AND FINAL READING
AND ADOPTED
Rita Garvey
Mayor-Commissioner
Attest: '
Approved as to form and correctness:
Cynthia E. Goudeau
City Clerk
M. A. Galbralth, Jr.
City Attorney
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ORDINANCE NO. 5493-93
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
RELATING TO THE CLEARWATER DOWNTOWN DEVELOPMENT BOARD;
AMENDING SECTION 2.145, CODE OF ORDINANCES, RELATING TO
FREEHOLDERS' REFERENDUM ELECTIONS, TO PROVIDE FOR ONE
BALLOT PER PARCEL OF PROPERTY RATHER THAN ONE BALLOT PER
OWNER OF PROPERTY, AND REVISING OR ELIMINATING CERTAIN
OBSOLETE PROVISIONS; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the freeholders. referendum procedures in the ordinance for the
Downtown Development Board are of continuing vitality, such as for elections of
board members and changes to the boundaries of the downtown area; and
WHEREAS, the City Commission concurs with the recommendation of the
Downtown Development Board that the amendment to Section 2.145(7), City Code, as
set forth in this ordinance, is proper and appropriate; and
WHEREAS, the City Commission further finds that the amendments to the
remaining provisions of Section 2.145, City Code, as set forth in this ordinance,
serve the purpose of revising or eliminating outdated provisions; now, therefore,
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. Section 2..145, Code of Ordinances, is amended to read:
Sec. 2.145. Freeholders 1 referenda fefcrendum and elections.
Whenever a freeholders. referendum is required to approve a chanQe in the
boundaries of the downtown area o~ an election of board members is necessary.
No powers shall be exercised by the board and no special taxing district shall
be established until ~uch time as such referendum or election shall be conducted
as follows the freeholders not wholly exempt from taxation in the downtown area
~r-ove this division in accordance with the referendum provi~ion~ provided as
fo 110'""s:
"
( 1) " Elect ion superv i sor. For the purposes of conduct i nQ freeho 1 ders I
referenda and elections this referendum, the city clerk shall act as election
supervisor and do all things necessary to carry out the provisions of this
section.
(2) Registration from tax assessment rolls. Within 30 days from this
divisio~e&effiing a law of the state, the The clerk of the city shall obtain
wmpile a list of the names and the last known addresses of the freeholders in
the downtown area from the tax assessment rolls of the county and such list shall
constitute the registration list for the purposes of .2DY -tfl€. freeholders
referendum. except as provided in this section.
(3) Registration of freeha-4Jers not on tax assessment rolls. ^ny
freeholder whose name does not appear on the tax rolls may register with the city
cleric at the city hall. Clearwater, Florida, or by mail in accordance with
~lation$ promulgated by tho olorl<. The rogistratiofl lists shall rema~fl opeA'
until 30 days after ttl€-Hotification provided in subsection (q) of this section.-
i1lf4+ Notification. Within the time-period spccificd in subsection (2)
of this scction, the clcrk shall notify cach freeholder of,the gcneral provisions
of this division, and scnd him a certified copy of this division, thc datcs of
the upcoming referendum and thc method provided for additional registration
should the status of the freehelder have changed from that obtained from the
county tax assessop. Notification of freeholders' referenda and elections
pursuant to th i s sub sect ion sha 11 be by Un i ted States ma i 1 and in add i t i on
-tflercby by publ ication one time in a newspaper the Clean-later Sun or other major
newspaper of general circulation within the time period provided in subsection
(2) of this scction.
i1l ~+ Voting. Votinq shall be as provided in the by-laws of the
downtown development board. which by-laws shall not be inconsistent with the
provisions of this section. Within 30 days after the closing of the registration
list, the clerk shall have a secret and direct ballot of the freeholders by paper
~~~ l~~ta~O~~~~~ ~/~~i ~~~C~A~otA~~:;'C~;:~t ~~A;~\Ch:;:l h;i~c~\~~ Ja~1 =~t~~~~
election in the original notification and, additionally, the day ,after thc
rcgistration list is closed, shall mail to all eligiblc voters additional
flO t if i cat ion 0 f the time and p 1 ace 0 f s u c h e 1 e c t ion. I
121 f6+ Certification of election. Within 48 hours one day aft~r holding
the election, the clerk shall certify the results thereof to the downtown
development board city commission. Any person voting who has knowledge that he
or she is not a freeholder shall be guilty of perjury and shall be prosecuted and
upon conviction punished in 'accordance with the provisions of the laws of this
state.
iQl +++ Passage of division. The freeholders shall be deemed to have
approved the passage of the measure submitted to the electorate this division at
such t illle as the clerk cert ifies to the downtown deve lopment boar'd €4-ty.
commission that in excess of 50 p'ercent of those voting were in favor of the
measure establishment of the downtown development board. For the purposes of
this division, one vote shall be allowed for each parcel of property individual
WRO is a freeholdor or elector w~thin the downtown areas and by the constitution
of the state. Where a parcel of property is owned by more than one person. the
Jo i nt and severa 1 owners of the parce 1 propcrty sha 11 des i gnate a vot i nq
representative who shall be allowed to cast one ballot each for the parcel. The
vat i nq representat i ve sha 11 be des i qnated as prov i ded in the by- 1 aws of the
board.
(8) Failure to approve division. Should the freeholders fail to approve
of the provisions of this division as provided ~n this scction, an additional
election procedure under this section shall be hcld as if the city commission had
repassed this division at thJt time. Should the freeholdcrs fail to initially
-8-f)provc this--iiivision as provided in this section aftcr two such referendums, all
provisions of this division sha11 be null and void, and this division shall be
ropealed.
ill f4+ Elections after changing of boundaries. Additional freeholders.
elections called after increasing or decreasing the boundaries of the downtown
area in accordance wi t'.' sect i on 2.144 sha 11 be he 1 din accordance wi th the
2
referendum provisions for initial approval of this djvision; provided, however,
that no provision of this division shall require the approval of freeholders in
an area which has previously approved of the provisions of this division by any
referendum held pursuant to this section, unless there is involved a decrease in
the boundaries of the downtown area.
~
JJU (10) Dissolution ~cal referendums. The dissolution of the district.
the abolition of the board. and the repeal of this division may be requested by
~ ^ repeal refcrcndHm-may be CJllcd by petition of the freeholders representing
at least 30 percent of the freeholders in the downtown area for the purposc of
abolishing the board and repealing this division. Upon the receipt of such a
petition for a repeal refercndum by the city clerk, the board shall consider and
decide whether to take such action by resolution upon compliance with the
requirements of section 189.4043. Florida Statutes a freeholdcr rcfercndum
elcction shall bc callcd by the city clcrk and ~hall bc held under thc procedures
specified in this section. If thc repeal shall fail, thcre shall b~ no additional
rcpcal rcfcrcndum madc by pctition at any timc until aftcr one ycar from the
ccrtific~tion of the results of the previous repeal refcrendum by the clerl<.
~ (11) Cost of elections. The cost of elections to be held under this
division shall be borne by the board hcld in accordancc with thc clcction laws
of the city in~ofar as possible. The Downtown ^~sociation of Clearwater, 'Inc.,
will bcar the cost of the initial elections should the question fail, otherwise
thc board shall bc billed for the cost of the election by thc city.
Section 2. This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL READING
AND ADOPTED
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Rita Garvey
Mayor-Commissioner
Attest:
Cynthia E. Goudeau
City Clerk
"
Approved as to form and correctness:
M. A. Galbraith, Jr.
City Attorney
3
"
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AGENDA
u-
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BID E W 1\ L K
IIjg t(Q)fJY
EASEMENT 3~C\.
"
FOR AND IN CONS:CDERATION of the sum of One Dollar ($1.00) cash in hand
paid to him, the receipt of which is hereby acknowledged, and the benefits to
be derived therefrom,
ALPHA & OMEGA, INC.,
a Florida corporation Not For Profit
1601 SOUTH EVERGREEN AVENUE
CLEARWATER, FLORIDA 34616-1241
does hereby grant and convey to 'the CITY OF CLEARWATER, FIJORIDA, an easement
over, under and across the'following described land, lying and being situate
in the County of Pinellas, state of Florida, to-wit:
Commence at the Southwest corner of the Northwest 1/4 of section
10, Township 29 South, Range 15 East; thence N 00010'04" East,
along the West line of said section 10, 157.0 feet; thence S 890
i
32'20" East, 30.0 feet; thence S Ooo10'04H West, 41,,77 feet, to
the Point of Beginning; thence S 04044w17" East, 62.11 feet, to
a point of curvature of a curve to the left; thence along the arc
of said curve 23.13 feet, having a radius of 40.00 feet, a chord
bearing of S 21018'23" East, and a chord length of 22.81 feet;
thence N 45018'52" East... 5..00 feet; thence S 44041'08" East, 5.00
feet; thence B 45018'52" West. 5.28 feet,to a point on a curve to
the left; thence along the arc of said curve 31.06 feet, having
a radius of 40.QO feet, a chord bearing of S 67017'45" East, and a
chord length of 30..28 feet; thence S ag032120" East" 4.76 feet;
thence S 00010'04" West, 2.00 feet,. to the Southeast corner of Lot
6, Block E, REVISED HAP OF JURGENS ADDITION TO CLEARWATER, as
recorded in Plat Book 4, Page ,17, of the Public Records of Pinellas
county, Florida; thence along the arc of a curve to the right, 62.09
feet, having a radius of 55.82 feet, a chord bearing of N 57021'03"
West, and a chord length of 58.94 feet; thence N 00010'04" East,
68.83 feet to the Point of' Beginning.
containing 372.20 Squa~e Feet.
This easement is for sidewalk purposes. ' If the grantee should at any
time cease to use the easement herein granted for sidewalk purposes, all real
property rights and interests herein granted shall cease and revert to the
grantor.
The CITY OF CLEARWATER, FLORIDA, shall have the right to enter the above
described premises and inspect the placement and dimens~ons of said sidewalks
to insure conformance with City specifications and thereafter maintain same
from time to time; and that,
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The GENERAL PUBLIC shall have full and free use of said sidewalk at any
time and all times for traveling purposes.
~/~U~N WITNESS WHEREOF, the party hereto has set his hand and seal this
~ day of .~~h1~ ' A.D., 1993.
Signed, sealed and delivered
in he presence of:
ALPHA & OMEGA, I~C.
s&ge, ~dent
1601 South Evergreen Avenue
Clearwater, FL. 34616-1241
Attest:
'i~~, s2lc{~.
1601 South Evergreen Avenue
Clearwater, Fl. 34616-1241
By:
""J6 s f> ~JI C V L e J11 Q V1
Witness' rinted Signature
_&cL~LJh
WITNESS
)+cJ~ DC' H ~dCi'1
Witness' Printed Signature
STATE OF FLORIDA
)
COUNTY OF ()1v:\~TI t-.J )
rThe foregoing instrument! w~s acknowledged before me this a 0"1-"-. day
O(")~l)m, 1993 by Samuel Cole, President of Alpha & Omega, Inc. I a
Flor~da Corporation Not For profit, on behalf of the corporation. He is
personally known to me or who has produced
-as identification.
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Title or rank, and Serial No. I if- an~:':
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STATE OF FLORIDA )
COUNTY OF /Jl/J~17N )
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~ The foregoing instrumenmt was acknowledged before me this ~~~ay of
~~~~(Lt~ , 1993 by Hubert Tucker, Secretary of Alpha. & Omega, Inc.,
a lor1da Corporation Not For Profit, on behalf of the corporation. He is
personall~ known to me or has produced
as identification.
of ..l)erso ..tlak~!~ acknowledgement
t fjl)tarY Pub! , "t,b IJ -Q1 F '
; J Ny ComrJ1. ~l( , oet, ~3,
, Bonded thru rl~HAltU 1t1~1 ,MWI I r.J 7rJ{lI
Type/pr~nt/stamp name of acknowledger
Title or rank, and Serial No., if'any
SB9':32'20"E 30.00'
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'.. Sy.JCOR N\lI 1/-1 SEe 10-29-15
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vised' Map Of
rgens Addiiion
Clearwater
4 - 17
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PALMETTO ST.
NOTE: This Is not 0 survo,yf ,
UUE DJREC1l0N DISTANCE
11 589.32 20 E 4.76
l2 SOO'10 04 'w 2.00'
3 S-45'1852 W 5.28
L4 SHOH 08 E 5.00
5 H45'1852-"i:: 5.00'
CURVE RADIUS LENGTH OIORO
Cl -40.00 31.06 30.28
C2 55.82 62.09 58,94
C:3 040.00' , 23.1:3' 2:2.81'
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AFFIDAVIT OF NO LIENS
STATE OF FLORIDA._J
COUNTY OF ~4~77~
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BEFORE ME, the undersigned authority, personally appeared Samuel Cole,
President of Alpha & Omega, Inc., a Florida corporation Not For Profit, who,
being first duly sworn, deposes and says:
..'.'!
1. That Alpha & Omega, Inc. is the owner of legal and equitable title
to the following described property in pinellas County, Florida to-wit:
Commence at the Southwest corner of the Northwest 1/4 of
section 10, Township 29 South, Range 15 East; thence N
00010104" East, along the west line of said section 10,
157.00 feet; thence B 89032120" East, 30.00 feet; thence
B 00010104" W, 41.77 feet, to the Point of Beginning;
thence B 04044117" East, 62.11 feet, to a point of
curvature of a curve to the left; thence along the arc
of said curve 23.13 feet, having a radius of 40.00 feet,
a chord bearing of S 21018'23" East, and a chord length
of 22.81 feet; thence N 45018152" East, 5.00 feet; thence
B 44041108" East, 5.00 feet; thence S 450 18152" West, 5.28
feet, to a point on a curve to the left; thence along the a
arc of said curve 31.06 feet, having a radius of 40.00 feet,
a chord bearing of S 67017145" East, and a chord length of
30.28 feet; thence S 89032120" East, 4.76 feet; thence S 000
10104" west, 2.00 feet, to the Southeast corner of Lot 6,
Block E, REVISED MAP OF JURGENS ADDITION TO CLEARWATER, as
recorded in Plat Book 4, Page 17, of the Public'Records of
Pinellas county, Florida; thence along the arc of a curve to
the right, 62.09 feet, having a radius of 55.82 feet, a chord
bearing of N 570 21' 0311 West, and a chord length of 58.94
feet, thence N 00010104" East, 68.83 feet to the Point of
Beginning.
containing 372.20 Bquar~ Feet.
(
2. That said property is now in the possession of the record owner.
3. That there has been no labor performed or materials furnished on
said 'property for which there are unpaid bills for labor or materials against
said property, except (if none insert "none"):
NONE
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4. That there are no liens or encumbrances of any nature affecting the
ti tIe of the property hereinabove described, except (if none, insert "none") :
NONE
5. That it is hereby warranted that no notice has been received for any
pUblic hearing regarding assessments for improvements by any government, and
it is hereby warranted that there are no unpaid assessments against the above
property for improvements thereto by any government, whether or not said
assessments appear of record.
6. That there is no outstanding sewer service charges or assessments
payable to any government.
7. That the representations embraced herein are for the purpose of
inducing CITY OF CLEARWATER, its agents, successors and assigns to rely
thereon.
',:
Q1<L [~J~-.,
WITNESS
ALPHA & OMEGA, INC.
~4d f~
Samuel Cole, President
1601 South Evergreen Avenue
Clearwater, FL. 34616-1241
J)~ 'cl I)) dhe,'tol''-
Witness' Printed signature
Sworn to and sUbscribed to before me this d~777 day of \.. f~~E:<'
1993.
, .
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Signature of pe son king
notarY Public, "StlllCl ~t Fl~fll
1dy Comm. Expo n~t, ~~I l~~ ~. t1 Y . , j
Bonded tl1m PICflMlllln~: A ~IlFV I / IV n /- f377--1eP70IY
Type/print/stamp name of acknowledg~r~
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Title or rank, and Serial No.., if any,., '
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SB9'J2'20.E 30.00'
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R vised' Map Of
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(:) rgens
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~ PALMETTO ST. HOTE: This 13 nol 0 surve}'l
" S~ COR NW Iii SEe 10-29-15 .
LINE DIRECTION DISTANCE
L1 509'32 20 E 4.76
L2 SOO'IO'O,,' W 2.00
lJ S45'18'52"W 5.2Br
L4 SH '41'OBlrE 5.00'
l5 IH5'I852uE 5.00'
CURVE RADIUS lENGll1 CHORD BEARING
Cl ,-40.00 31.06 3<>.26 S67'17'WE
C2 55.82' 62.09' 58.94 N57'21 03 W
CJ -:<<r.oo-r-:- 2J.1J 22.8\ S21'I82J E
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SID E W A L K
E A S E MEN T
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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,
. ~ .
CLEARWATER LODGE # 127, F & A M
705 SOUTH HERCULES AVENUE
CLEARWATER, FLORIDA 34624-6~17
(hereinafter "Grantor"), does hereby grant and convey to the CITY OF
CLEARWATER, FLORIDA, (hereinafter "Grantee"), an easement over, under and
across the following described land, lying and being situate in the County of
Pinellas, state of Florida, to-wit:
That part of section 13, Township 29 South, Range 15 East
more particularly described as follows:
start at the Southwest corner of the Northwest 1/4 of the
Southeast 1/4, section 13, Township 29 South, Range 15 East;
thence run North 00039'55" West, 30 feet along the North and
South center section line; thence South 89013'51" East, 55
feet to the POINT OF BEGINNING; thence continue South 89013'51"
'East, 125 feet along the North Right-of-Way line of Druid Road;
thence North 80013'56" West, 126.92 feet; thence North 44056'33"
West, 36 feet; thence South 00039'55" East, 20 feet; thence
South 44056'33" East, 35.80 feet to the POINT OF BEGINNING.
contain~ng 1741.98 Square Feet, more or less.
This easement is for sidewalk purposes.
The CITY OF CLEARWATER, FLORIDA, shall have the right to enter the
above described premises and inspect the placement and dimensions of said
sidewalks to insure conformance with city specifications and thereafter
maintain same from time to ti~ei and that,
The GENERAL PUBLIC shall have full and free use of said sidewalk at any
time and all times for traveling purposes.
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The CITY OF CLEARWATER, FLORIDA, agrees to hold harmless the Grantor
from and against any and all cost, liabilities, claims, demands and causes of
action including, without limitatJon, bodily injury to or death of any person
using the public sidewalk to be constructed by the Grantee within the
boundaries of the easement area granted herein, except to the extent such
cost, liabilities, claims, demands and causes of action occur as a result of
Grantor's failure to comply with and fulfill its obligations under this
agreement or as a result of the negligent acts or omissions of the Grantor,
its employees o~ agents; provided, that nothing herein shall be deemed to
constitute a watver of any defense or limitation available to the Grantee
pursuant to Section 768.28, Florida statutes.
IN WITNESS WHEREOF, the parties hereto have caused these presents to be
duly executed by its proper officers thereunto authorized this ~7>>' day of
-PC.TtPT3 e:J?~ ,1993.
signed, sealed and delivered
in the presence of:
CA/1~r- yl~
WITNESS .
- .---'
t ~ III 13. S } IV f. / /... J-.
Witness' Printed Signature
~
David Jo
Junior WarCl n
~~~o/4--.'&./~
land Gene Bttebe
secretary
?""
WITNESS
Af.. P 1<- '-/ P u L r:1 S' /\ "
Wi~nessl pr~ed signa~ure
STATE OF FLORIDA }
COUNTY OF PINELLAS }
BEFORE ME, the undersigned, personally appeared Jack G. stabler,
,Worshipful Master, Clearwater Lodge # 12'7 I F & A M, who executed the
foregoing instrument and acknowledged the execution thereof to be his free
act and deed for the use and purposes herein set forth, and who is personally
known to me or has produced /)f(t VE R. 'S LI C.~N.sE. {. I as identification.
_ " VC RSONt'Il..<. y :NOl,V(V
WI?NFSS .my hand and seal this .~) i /c... day of () C!.- TO,:5 E. R....
--fi-tU/Ut(J tl, 77Lt 6f ~tL~
'Notary Public 7
Type/Print Name: PAIR/CIA A. Me C,() VE.R.fJ
, 1993.
NOTARY PUULIC, 81',\ n: OF roLG :~;I'>A.
MY COMMISSlOi'1 m~,'n::~.): i'lu-.', 1:':, i,'I':.1.
!lONDED TlIRU NOT/.n\' rt,llJLiC Ui\l)~l~m~lll::ilS.
,. .,'.~ :.,~ "'>~"';<:<t'J-v:.),Joi;'l;"'<.+.Qg':f;;,\'~"?!':.?'::it;(,r.r;f.t';~i'.,~" .tfrJl,;.It-\,'{".,.".. !:::" ~'.,
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STATE OF FLORIDA }
COUNTY OF PINELLAS }
BEFORE ME, the undersigned, personally appeared Michael Eugene
LaFollette, Senior Warden, Clearwater Lodge # 127, F & A M, who executed the
foregoing instru~ent and acknowledged the execution thereof to be his free
act and deed fo~-the use and purposes h~rein set !o~th, and wh? is ~e~sonally
known to me or has produced Dr<. I VE. R. S Ll C.EtJ5 /.:.. 'l as ~de~tJ.fl.cation.
-/ }/CR.ScJNII(..L)/ I<IVt'l.c)/V
WIT S8 my hand and seal this .51 I day of ()e-Tf\I,'3/::-f<- ,1993.
, ~ttfv~ ~tU 2 I 1/16 r;-ll..f.JclV
Notary Publfc
Type/Print Name: PA T!<./CI A Ii. /VIe. 0()Vf:-RrJ
STATE OF FLORIDA }
COUNTY OF PINELLAS }
~I01.\t'U 1''';;1 (,' ~::":':.: l:/ ;;;",;... :..
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1\1Y C{)i\1rf~~~~~~~~r'1 ~~:PjllL,""'~ t,t:,V.,:";\:' ,"~,~''''
DONnED TIUW NOT/.U\' l'UllLlC UNUEbWUldtS.
BEFORE ME, the undersigned, personally appeared David John Murphy,
Junior Warden, Clearwater Lodge # 127, F & A M, who executed the foregoing
instrument and acknowledged the execution thereof to be his free act and deed
for the use and purposes herein set forth, and who is personally known to me
or has produced Df<IVf:./2.S LiCENSE as identification.
S8 my hand and seal this 5t-'" day of ()C-FO l3e R- , 1993.
11M.. .IlJ
VA-TR-IC/A A. file Go VcR.,.) '.
STATE OF FLORIDA }
COUNTY OF PINELLAS }
r-lOl"\:~"! i ~j;::..I~...:, ~/r/.....: l,.:~' F:~ ..'.:..~'/1.
MY COFtiMW~;i:;rll':}:~.z.::J:.';: r~O\'. i;\l, ~:.\::.:.
DONDED TllIW NO'1'AltY l'UilLW UNVi::In"llUTEltS.
BEFORE ME, the undersigned, personally appeared, Leland Gene Biebe,
Secretary, Clearwater Lodge # 127, F & A M, who executed the foregoing
instrument and acknowledged the execution thereof to be his free act and deed
for the use and purposes herein set forth, and who is personally known to me
or has produced /)R.tVe-R.'.5 L-1C.cf\l5!3:. as identification.
WITflSS ~y hand and seal this 9th day of OC-TO f3~ ~ , 1993.
--+iUvddv a. 11c .-l1nuAJU
Notary Public' ~r
Type/Prin~ Name: YfrrR/clA A, Me,GOVc=RtJ
NO'fhIrlr FUDl.IC ~~l'(>."~'j "., r: '.
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AFFIDAVIT OF NO LIENS
STATE OF FLORIDA }
COUNTY OF PINELLAS }
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BEFORE ME, the undersigned authority, personally appeared
Jack c. Stabler, Worshipful Master, Michael Eugene LaFollette, Senior Warden,
David John Murppy, Junior Warden, and Leland Gene Biebe, Secretary,
Clearwater Lodge # 127, F & A M, who, being first duly sworn, depose and say:
1. That Clearwater Lodge # 127, F & A M, is the owner of legal and
equitable title to the following described property in pinellas County,
Florida to-wit:
"
That part of section 13, Township 29 South, Range 15 East
more particularly described as follows:
Start at the Southwest corner of the Northwest 1/4 of the
Southeast 1/4 of section 13, Township 29 South, Range 15
East; thence run North 00039'55" West, 30.00 feet along
the North and South center section line: thence South
89013'51" East, 55 feet to the POINT OF BEGINNING: thence
continue South 89013'51" East, 125.00 feet along the North
Right-of-Way line of Druid Road; thence North 80013'56"
West, 126.92 feet; thence North 44056'33" West, 36.00 feet;
thence South 00039'55" East, 20.00 feet: thence South 44056'
33" East, 35.80 feet to the POINT OF BEGINNING.
containing 1741.98 Square Feet, more or less.
2. That said property is now in the possession of the record owner.
3. That there has been no labor performed or materials furnished on
said property for which there are unpaid bills for labor or materials against
said property, except (if none insert "none"):
NONE
4. That there are no liens or encumbrances of any nature affecting the
title of the property hereinabove described, except (if none, insert "none") :
NONE
5. That it is hereby warranted that no notice has been received for
any public hearing regarding assessments for improvements by any government,
and it is hereby warranted that there are no unpaid as~essments against the
above property for improvements thereto by any government, whether or not
said assessments appear of reco~d.
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6. That there is no outstanding sewer service charges or assessments
.payable to any government.
7 . That the representations embraced herein are for the purpose of
inducing CITY OF CLEARWATER, its agents, successors and assigns to rely
thereon.
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WITNESS
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Sworn to and subscribed to before me this f) . day of
19 L7.3 .
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David ~
Junior arden
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a d GeneB~ebe .'
Secretary
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signature of person taki 9 acknowledgement
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Type/print/stamp name of acknowledger
NOTARY l'tJDLlC, STATE OF FLORIl>A.
t,iY cmnm:Sl()N EXPIRES: Nov. 20, 1994.
DONDl::1l TlIltu NOTt.llY PUDLIC UNDEllWR1l'ERS.
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Prepared By and Return To:
James E, Slater, P,A.
Broad and Cassel
Barnett Bank Center
390 North Orange Avenue
Suite 1100
Orlando, Florida 32801
For Recording Purposes Only
AMENDMENT OF AGREEMENT AND GRANT
OF LIMITED EASEMENTS
THIS AMENDMENT OF AGREEMENT AND GRANT OF LIMITED EASEMENTS
is made and entered into as of this day of , 1993, by and between ZOM
BA YSIDE ARBORS, LTD., a Florida limited partnership (hereinafter referred to as "20M"),
and THE CITY OF CLEARW A TER FLORIDA, a municipal corporation organize<l and existing
under the laws of the State of Florida (hereinafter referred to as the "City").
WIT N E SSE T II:
WHEREAS, the City and the estate and the heirs of Eugene Lovick Pearce entered into
that certain Agreement and Grant of Limited Easements, dated May 29;, 1 963, and recorded in
Ofticial Records Book 1704, Page 674, Public Records of PinelIas County, Florida (the
II Agreement");
WHEREAS, pursuant to Paragraph 3 of the Agreement, the City was granted certain
temporary and permanent easements; and
WHEREAS, all of the temporary easements has expired and are of no further force and
. effect; and .
WHEREAS, ZOM is the owner of the real property which is more particularly described
in Exhibit II A II attached hereto and by this reference made a part hereof (the "ZOM Property");
and,
WHEREAS, the permanent easement described in Paragraph 3(c) of the Agreement (the
"Easement") is located on the ZOM Property; and
WHEREAS, the City and ZOM are desirous of amending and modifying certain of the
terms and conditions of the Agreement;
II 11IU'IMI\OO 1 I\lUln>l>llIO. 14A
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"(c) A nonexclusive, perpetual C<'lsement twenty feet (20') in width, lying ten feet
(10') on either side of the centerline described on Exhibit "Bu attached hereto and
by this reference made a part hereof." '
NOW s THEREFORE, for and in consideration of $10.00, and other good and valuable
consideration, the receipt and sufficiency of which is hereby acknowledged by each of the
parties, ZOM and the City do hereby agree as follows:
1, The parties acknowledge and agree that the recitals set forth hereinabove are true
and correct, and said recitals are hereby ratified an confirmed by 20M and the City.
2, 20M and the City hereby agree that the width of the Easement shall be increased
from ten feet (10') to twenty feet (20'). In order to accomplish such intent, 20M and the City
hereby agree that the Agreement shall be and is hereby modified and amended by deleting said
subparagraph (c) of Paragraph 3 in its enti rety, and substituting the following therefor:
The Exhibit "B" referred to in said substituted subparagraph (c) is and shall be the
Exhibit liB" attached to and made a part of this Amendment of Agreement and Grant of Limited
Easements, To the extent required to effectuate the foregoing expansion and amendment of the
Easement, 20M does hereby give, grant and convey to the City a non-exclusive, perpetual
easement for the purposes and uses as set forth in the Agreement, and subject to all of the terms,
'Conditions, provisions, limitations, ,restrictions, and reservations as set forth therein, twenty feet
(20') in width over, under, across and through those lands owned by ZOM lying ten feet (l0')
on either side of the centerline described on Exhibit liB" attached hereto and by this reference
made a part hereof.
3, The City hereby acknowledges and agrees that, pursuant to the provisions of
Paragraph 4(b) of the Agreement, no sewer impact fees or charges, nor any connection fees or
charges, nor any other fees and charges other than the City's normal monthly service charges,
may be charged or collected by the City with regard to any improvements to be constructed by
20M, or its sllccessors and assigns, on the ZOM Property.
4. In addition to the rights of ingress and egress as set forth in Paragraph 3(e) of the
Agreement, the City shall also have the rights of ingress and egress over and across any portions
of the ZOM Property which have been paved or improved for use as driveways or roadways for
vehicular purposes, and such other portions of the 20M Property which have not been improved
with any buildings, structures, or other improvements, if necessary for ingress and egress for
maintenance, repair or replacement of the sewer lines, pipes, equipment or facilities installed,
constructed and operated by the City within the easements granted by the Agreement. Such
rights of ingress and egress shall be for the purposes of maintaining, repairing and replacing the
aforementioned sewer lines, pipes, equipment and facilities, and shall only be utilized for such
purposes, and only at sllch times, and in such a manner, and at such locations as will minimize
any disturbance to 20M or its tenants. Further, the exercise of such rights of ingress and egress
Ilm1176l1\1KIII\J I~DIlIII O.I"^
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shall be subject to the provisions of Paragraphs 4(t) and 4(g), which shall require the repair of
any damages to and the restoration of the ZOM Property and any improvements thereto which
are damaged or destroyed by the City in the exercise of its rights under the Agreement, which
shall require the indemnification of ZOM from and against any loss or damage arising from the
construction of any facilities, by the City within the easements, or the subsequent use or
maintenance thereof by the City, or by the ingress or egress granted by the Agreement, as
amended hereby.
5. The parties acknowledge and agree that the Agreement, and all of its terms,
conditions, provisions, limitations, restrictions and reservations are and shall remain, in full
force and effect, except and to the extent modified, and amended or supplemented hereby.
IN WITNESS WHEREOF, the parties have executed and delivered this Grant of
Limited Easements as of the day and year first above written, .
,.,'
ZOM BAYSIDE ARBORS, LTD., a
Florida limited partnership
Print Name:
By: 20M COMMUNITIES, INC., a
Florida corporation its general
partner.
Witnesses:
By:
Print Name:
STEVEN W. PATTERSON
President
(CORPORATE SEAL)
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IUII071>lI\OOII\lllSDDIIIO,14A
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TIlE CITY OF CLEARWATER
FLORIDA, a municipal corporation
By:
Name:
Its City Manager
A TrEST:
Name:
Its City Clerk
Countersigned:
By:
Name:
Its Mayor-Commissioner
Name (Printed, Typed, or Stamped)
'.
Approved as to Form
By:
Name:
Its Ci ty Attorney
STATE OF FLORIDA
COUNTY OF
The foregoing instrument was acknowledged before me this day of
, 1993 by STEVEN W. PATTERSON, as President of ZOM Communities"
. Inc., general partner of ZOM Bayside Arbors, Ltd., who executed the foregoinginstrument and
acknowledged before me that he executed the same for the uses and purposes therein expressed
and who is personally known to me or who has produced as
identification.
Signature
Title
Commission Expires:
Serial Number (if applic~ble)
(SEAL)
IUlI076U\1101I\llJ$1l1ll1l0 .4A
9J1021'
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STATE OF FLORIDA
COUNTY OF,
The foregoing instrument was acknowledged before me this day of
__________, 1993 by as City Manager,
, as City Clerk, and as Mayor-
Commissioner, of the City of Clearwater, a Municipal Corporation, who executed the foregoing
instrument and acknowledged before me that he executed the same freely and voluntarily for and
on behalf of the City of Clearwater, a Municipal Corporation, for the uses and purposes therein
expressed and who are personally known to me or who have produced
'as identification.
Signature
Name (Printed, Typed, or Stamped)
Title
Commission Expires:
Serial Number (if applicable)
(SEAL)
EXHIBIT A
PARCEL A
LEGAL DESCRIPTION
From the Southwest corner of Government Lot I, Seclion 20, Township 29 South, Range 16 East
run thence North 0052'25" East along the West section line of said Section 20, 600.00 feel; run
thence South 89013'12" East along a line 600.00 feet Norlherl,. and parallel to the South line of
said Government Loti, 1,400.00 feet; thence run North 0052'25" E.'\st, 733.92 feet along Ihe
East line of the Westerly 1,400.00 feet of Government Lot I; thence run South 89057'02" East
along the South line of Section 17, Township 29 South, Range 16 East, 280.00 feet; thence run
North 27<>Q2'39" East 43,67 feet for a Point of Beginning. Thence continue North 27"02'39"
East along the East line of Seville Condominiums 14 and 12, 684.33 feet; thence run North
43033'32" West 63.70 feet; thence run North 75018'15" West, 184.76 feet; thence run North
329.15 feet; thence run North 36l12,9'07" East, 439.88 feet; thence run South 43011'54" East,
736.36 feet; thence continue South 43011'54" East, 1,220,07 feel; thence run South 14"03' 39"
West, 574.62 feet; thence run North 760:35'16" West, 1,130.45 feet; thence run North 52050'19"
West 149.74 feet; thence run North 52036'49" West, 197,47 feel; thence run North 54019' 17"
Wesl, 207.80 feet; thence run North 48<>27'54" West, 6.79 feet to the Point of Beginning,
AND
PARCEL B
LEGAL DESCRIPTION
From the SW corner of Section 17 (Being also the NW corner of Section 20), Township 29 5,
Range 16 E, run 588057'02" East along the north line of said Section 20, 400.00 feet for a Point
of Beginning; Run thence North 1"03'04" Easl along a line 400 feet easterly of the West line of
said Section 17, 254.00 'feel; run thence S88057'02" East along the South line of Seville
Condominium 4 (see Condominium Plat Book 7, Page 55-59, Public Records of Pinellas County,
Florida), 313.13 feet; run thence North 52"06'17" East 40 feet to a Point on the Cenlerline of
Pearce Drive (see O,R. Book 3421, Page 223, Public Records of Pincllas County, Florida); run
thence Southeasterly along a curve to the left of 100 feet radius (chord bearing South 63"25 '23"
East, chord distance 86.19 feet), 89,11 feet; thence continue along the centerline of Pearce
Drive, South 88057'02" East, 588,08 feet (also being the South line of Seville Condominiums
3,8, II & 14); run thence Southeasterly along a curve to the right of 166.63 feet radius (chord
bearing South 67"38'32" East, chord distance 121,11 feel) 123.95 feet; run thence South
46<>20'02" East, 237.90 feet; run thence North 27"02'59" East, 2.61 feet; run thence South
48"27'54 II East, 6,78 feet; run, thence South 54019' 17,0" E.'\st along the South line of that certain
tract conveyed to A. E. L. (See O. R. Book 5232, Page 1130, Public Records of Pinellas COUll I,. ,
Florida), 207.80 feet; run thence South 52"36'49" East, 197.47 feet; run thence South 52050'19"
E.'\st, 149.74 feet; run thence South 76035'16" East, 1,130,45 feet; run then~eSouth 14"03'39"
West, 200 feet; Run thence North 89013'12" West, 1,812,30 feet; run thence North 0052'25"
East along the East line of the West 1,400 feet of said Section 20, 733.92 feet; run thence North
88"57'02" West 1,000.00 feet to the POB,
Subject to easements for ingress and egress, drainage and utilities, over Pearce Drive, as
recorded in O.R. Book 3421, Page 223 and O.R, Book 3051, Page 586, Public Records of
Pinellas County, Florida, and subject to easements for City of Clearwater sanitary sewers, as
recorded in Q,R. Book 1704, Pages 684-687 and D.R, Book 3273, Pages 254-255, and subject
to easement 10 Florida Power Corporation for existing power lines, and subject to easement for
existing water mains serving Seville Condominiums.
Together with an easement for ingress and egress Over Seville Boulevard and Pearce Drive, as
recorded in C.R. Book 3051, Pages 586.587 and O,R. Dook 3421, Page 223, Public Records
of Pinellas County, Florida,
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A contfnuou 20.00 (oot strip of land lying 10.oolcet on cach sidc of the following described
line, lying within Section 20, TOWlUhlp 29 South, Range 16 East, Plncllas County, florida.
and being morc partlcull1lly described as Collows:
.
.
Commence at Northwest corner of said Section 20; thencc S880S7'OJ"E, along the North line
oC said Section for 1400.00 Ceet; thence SOO-SZ'2S.W, ror 733.92 reel; thence 589"13'12"8,
Cor 643,71 (eetj to the POINT OF DEOINNING, said line also being the southerly IImlU oC
the westerly and easterly lines of said easemenl; tbence N 140S6'07"E, (or 455.71 feet; thence
N26041'21"E, (or 387,50 feet; thence N2so3S'O.B, for 580.62Icet; thence NSIOtW12"S, for
190.54 Ceet 10 a POIDI of a boundary llne having a bearing of S43.H'54"e. sald line being
the POINT OF TERMINUS and tbe northerly limbs or the wC5terly and easterly lines of
said euement.
EXHIBIT B
PREPARED rORI 20M COMMUNITIES, INC.
PROJtCl:
BAYSIDE ARBORS
/(JI#/W ~__ AUt1aA ~ At:
24845 U.S. tiwy. 10 North
e1'otwal,r, nortdo 341123
Phon. (813) 7111-1441
PlAH:
SANITARY SEWER EASEMENT
SCALEI DA 1[1
1" 1& 100' 9/20/93
DRAYlN DY:
AMC
ro, PO.
N/A
JOD NO.: SEC. tYwfl, RGE,
1142-001-000 20. 29 - 16
SIIE[ T NO.:
1 OF 1
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Prepared By and Return To:
James E. Slater, P ,A.
Broad and Cassel
Barnelt Bank Center
P.O. Box 4961
Orlando, Florida 32802-4961
SEVILLE BOULEY ARD AGREEMENT
THIS SEVILLE BOULEV ARD AGREEMENT is made and entered into as of this
day of , 1993, by and between ZBA, INC" a Florida corporation (hereinafter
referred to as "ZBA"), ZOM BA YSIDE ARBORS, LTD"a florida limited partnership
(hereinafter referred to as "ZOM"), and THE CITY OF CLEARWATER, FLORIDA, a
municipal corporation organized and existing under the laws of the State of Florida (hereinafter
referred to as "City").
WIT N E SSE T 11:
WHEREAS, ZBA is the owner of all or a portion or claims ownership interest of the
fee simple title to a private roadway known as Seville Boulevard (the "Road"), which Road is
located on the lands described on Exhibit" A" attached hereto and by this reference made a part
hereof; and
WI-IEREAS, ZBA is the owner of the fee simple title to the westerly most 545 feet of
the Road (the "Front Segmentll), which Front Segment is more particularly described on Exhibit
.. B II attached hereto and by this reference made a part hereof; and
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WHEREAS, ZOM is the owner of the lands described on Exhibit "CII attached hereto
and by this reference made a part hereof (the "ZOM Property"), and is the owner and/or the
beneticiary of one or more easements over the Road providing access for ingress, egress,
regress, and utilities to serve the ZOM Property; and
WHEREAS, ZOM is desirous of developing a 360 llnit rental apartment complex (the
"Project") on the ZOM Property, and the City will grant the permits and approvals necessary
to allow for the development of the Project only upon ZBA's and ZOM's agreement to the terms
and conditions as set forth hereinbelow;
NOW, TI-IEREFORE, for and in consideration of $10.00,and other good and valuable
consideration, the receipt and sufficiency of which is hereby acknowledged by each of the
parties, ZBA, ZOM and the City do hereby agree as follows:
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3, Continuing Repairs. From and after the time that the Initial Repairs have been
made and completed, ZBA shall thereafter conduct such maintenance, repairs, and replacements
to the Road as may be required to keep and maintain the Road to the City's standards and
requirements for public roads, as such standards and requirements are and may hereafter be in
force, or may be amended, from time to time (the "Continuing ~epairs"), subject, however, to
the elimination of ZBA's obligations for Continuing Repairs on the Front Segment if and when
said Front Segment is dedicated to the City in accordance with the provisions of Paragraph 10
hereinbelow.
I, Incorporation of Recitals, The parties acknowledge and agree that the foregoing
recitals arc true and correct, and are hcreby ratified and confirmed.
2, Ini tial Repairs. ZBA hereby agrees to conduct the maintenance and repairs
to the Road as set forth on Exhibit "0" attached hereto and by this reference made a part hereof
(the "Initial Repairs") and to complete said Initial Repairs on or before, and as a condition
precedcnt to, the issuance by thc City of a certificate of occupancy for the first building to be
constructed on the ZOM Property.
4, Rights and Remedies of City. In the event that ZBA does not perform any
of the Initial Repairs or the Continuing Repairs, or commence the performance thereof, on or
before thirty (30) days after receipt of written notice from the City specifying the nature of the
repairs to be performed, then the City shall have the right to seek any and all rights and
remedies against ZBA and ZOM as may be available hereunder or otherwise available under the
laws of the State of Florida, either at law or in equity. The City's rights an remedies shall
include, but shall not be I imited to the folJowing:
(a) The City shall have the right, but not the obligations to perform any such
repairs, maintenance, or replacements which are not performed by ZBA, and to
thereafter recover, the direct and reasonable costs and expenses thereof from ZBA and/or
ZOM, jointly and severally, pursuant to the provisions of subparagraphs (b), (c) or (e)
of this Paragraph 4;
(b) To tile, and to foreclose, a lien against ZBA's and ZOM's properties
pursuant to the provisions of Paragraph 7 hereinbelow;
(c). To seck a judgment against ZBA and/or ZOM, jointly or severally, for the
cost and expenses of the maintenance repairs or replacements to the Road which are
required, and which ZBA has failed to perform;
(d) To seek specific performance of this Agreement;
(e) To draw upon the Letter of Credit (as defined hereinbelow) pursuant to
the provisions of Paragraph 6 hereinbelow. .
IUII07r>1I\OOII\J l!lillllll 10 1M
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5, Guaranty of ZOM. ZOM hereby irrevocably and unconditionally guarantees the
City that ZBA shall fully and completely pay and perform each and everyone of its obligations
hereunder, In the event of a failure or refusal of ZBA to payor perform any of its obligations
hereunder, ZOM shall have the right, but not the obligation to payor perform such obligations.
Provided, however, that in the evcnt of any such failure or ref~lsal to perform by ZBA which
results in a default hcreunder and which default is not cured within any applicable grace or
curative period, then ZOM shall be liable to the City hereunder, jointly and severally with ZBA
for such damages as are proximately caused the City by such default.
Provided, however, and notwithstanding anything contained herein to the contrary, ZBA
shall not be held to be in default hereunder for failure to perform either the Initial Repairs or
the Continuing Repairs within the time required or allowed therefor, so long and ZBA
commences performance of the required repairs on or before the end of thirty (30) days after
its receipt of written notice from the City stating with specificity the repairs to be made, and
thereafter, diligently and continllously pursues sllch repairs in good faith and in a commercially
reasonably manner until completion, subject, however, to war, strikes, labor disputes, material
shortages, inclement weather acts of God or other conditions beyond the control of ZBA,
6. Letter of Credit. In order to secure the performance of ZBA's obligations
with regard to the Initial Repairs, ZBA has posted with the City a Letter of Credit, in the face
amount of $125,000.00 (the "Letter of Credit"), As soon as ZBA has completed the Initial
Repairs as required hereby, thc City agrees to return the Letter of Credit to ZBA, and, upon the
request of ZBA or ZOM, to execute and deliver to ZBA or ZOM a document in recordable form
acknowledging the satisfactory completion of the Initial Repairs.
7. City's Lien Rights.
(a) In the event that the City exercises its option to perform any repairs
required hereunder and which are not performed within the time allowed therefor. The
City shall have the right to be reimbursed for any and all costs and expenses incurred by
the City in performing Stich repairs or causing sllch repairs to be performed. In such
event, the City shall send ZBA and ZOM an invoice or invoices for slIch costs and
expenses together with slIch supporting details and documentation evidencing such costs
and expenses 4\S may be n~C\sonably rcquested by ZBA or ZOM. In the event that sllch
invoice or invoices are not paid by ZBA or ZOM within thirty (30) days from ZBA or
ZOM's receipt of the invoice together with any requestcd dctail and documcntation, thcn
the unpaid balance of such invoices shall thereafter bear intcrest at thc rate of tcn percent
(10%) per annum until paid in full.
(b) ]n the event sllch invoice or invoices are not paid within the thirty (30) day
period set forth in Paragraph 7(a) above, then, and in such event, the City shall have the
further righlto file a claim of lien against the ZOM Property and the Road in the amount
of the unpaid balance of the invoice(s). Such claim of lien shall be foreclosable against
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the ZOM Property and the Road in the same manner as established in Chapter 713,
Florida Statutes for the foreclosure of construction liens. Any such claim of lien filed
by the City hereunder shall be effective, and shall have priority only from the time that
the same shall have been liIed and recorded in the Public Records of Pinellas County,
Florida, Notwithstanding anything contained herein to the contrary, the rights and
remedies of the City hereunder, including any rights, remedies, or priorities arising from
a lien filed pursuant to this Paragraph 7(b) are, and shall always and forever be subject,
subordinate, junior and in ferior to the lien of any bona fide institutional first mortgage,
and the rights and remedies of the bonafide institutional first mortgage lender thereunder.
It is the intent of this provisions that in the event of a foreclosure of a bona fide
institutional first mortgage on the ZOM Property or the Road, such foreclosure shall
extinguish any liens or claim of lien by the City for any and all amounts or obligations
incurred prior to the issuance of a certificate of title to the purchaser at the foreclosure
sale. Provided, however, that once a certificate of title has been issued, then new owner
of the Road or the ZOt\.1 Property shall thereafter becolile liable for the obligations of
ZBA or ZOM, as the case may be which arise, or which may be incurred after the date
of the issuancc of certificate of title, Provided, further that the foreclosure of a bona fide
insti tutional first mortgage, or the sale, conveyance or other disposition of title by ZBA
or ZOM shall in no way release ZBA or ZOM for any obligations or liabilities which
shall havc accrued or been incurred prior to the date of such foreclosure, sale,
conveyance or dispositions. In the event of such foreclosure, sale, conveyance or other
disposition, ZBA or ZOM" or their respective successors or assigns shall not be liable
for any obligations or liabilities which arise or which are incurred hereunder after the
date that ZBA, ZOM or their respectivc sllccessors or assigns have parted with or
conveyed title to the Road or ZOM Property, as the case may be, of record.
(c) It is intended that the subordination and release provisions of Paragraph
7(b) shall be automatic and self-operative, However, upon the reasonable request of
ZBA, ZOM, their respective successors or assigns, or any bona fide institutional first
mortgage therefor, the City shaH execute and deliver such documents in recordable form
as may be requested from time to time to evidence and implement the provisions of
Paragraph 2(b) and/or to set forth whether or not the obligations of ZBA or 20M
hereunder are current and not in default, or alternatively, the nature of any defaults
and/or the amount of any monies claimed hereunder.
8. Covenants Running With the Land. The obligations of ZBA and 20M
hereunder arc intended to be and shall be covenants running with title to the Road and the 20M
Property respectively. This Agreement shall be binding upon and shall inure to the benetit of
ZBA, 20M and the City, and their respective successors and assigns, including, without
limitation, any mortgagees of the Road or the ZOM Property, Provided, however, that it is
expressly agrees that no person, group of persons" entity or group of entities are intended to
be a third party beneficiary or beneficiaries hereunder, and no person, entity or group shall have
any rights, or remedies hereunder or shall have any right to sue any party for breach of or to
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enforce this Agreement, or any provision hereof other than ZBA, ZOM, the City or their
respective successors or assigns.
9. ZOM's Certificates of Occupancy. 20M hereby acknowledges and agrees that
even though the City has issued or may issue in the future building permits with regard to the
development of the ZOM Property, ZOM shall not e entitled to the issuance of any certificate
of occupancy with regard to the ZOM Property until the Initial Repairs shall have been
completed and paid for in accordance with the terms hereof.
10. Dedication of the Front Segment. At such time as the Initial Repairs are
completed, ZBA hereby agrees to dedicate the Front Segment to the City and the City hereby
agrees to accept the dedication of the Front Segment from 2BA, subject to the terms and
conditions set forth hereinbelow. As a condition to the obligations of the parties under this
Paragraph 10, the following conditions shall be met.
(a) ZBA shall convey to the City by Special Warranty Deed title to the Front
Segment free and clear of all liens and encumbrances, except for:
(i) 13.asements and rights of owners of property in the area over,
under, across and through the Front Segment for access, ingress, egress and
regress for vehicular and pedestrian traffic, and for utility purposes;
,
(ii) The Signage Easement specified in Paragraph ID(c) hereinbelow;
and
(iii) Such other matters as may be acceptable to the City,
(b) ZBA, at ZBA'5 sole cost and expense, shall provide the City with a title
insurance commitment and policy issued by First American Title Insurance Company,
or some other title insurance company licensed to do business in the State of Florida;
(c) Prior to the conveyance by ZEA to the City, ZBA shall grant to ZOM a
perpetual, exclusive easement over, under, across and through the median located in the
Front Segment for the purpose of allowing ZOM to construct, install and maintain
landscaping and signage advertising the Project to be constructed on the 20M Property,
and for directional and informational signage. Such easement shall additionally grant
ZOM the right to run utility lines across the Front Segment to service the signage and
landscaping, and to cross the Front Segment in order to construct, install, maintain,
repair and replace such landscaping and signage. All signage shall comply with the
applicable requirements of the City's sign regulations as set forth in Chapter 44 of the
Clearwater Code of Ordinances, as may be amended and in effect from time to time
during the term of this Agreement. All landscaping and utility lines shall be installed and
maintained in accordance with plans approved by the City Manager upon the
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recommendation and advise of the Public Works Oirector of the City) which approval
shall not unreasonably be withheld.
(d) ZBA shall have obtained from the owners of the land immediately abutting
the Front Segment to the north, a landscaping, utility and sidewalk easement ten feet
(10') in width in favor of the City, and in form and content reasonably acceptable to the
City.
From and after the date that the Front Segment is conveyed to the City by ZBA, neither
ZBA nor ZOM, nor their respective successors or assigns shall have any further obligations for
Continuing Repairs with regard to the Front Segment.
11. Notices. Any notice which may be permitted or required hereunder shall be in
writing and shall be deemed to have been duly given as of the date and time the same are
personally delivered or sent via facsimile, with the facsimile receipt confirmed telephonically
by the sender, or three (3) days after depositing with the United States Postal Service, postage
prepaid by registered or certified mail, return receipt requested, or within one (1) day after
depositing with Federal Express or other overnight delivery service from which a receipt may
be obtained, and addressed ~s follows:
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To ZSA at the .following address:
ZBA, Jnc,
2269 Lee Road
Winter Park, Florida 32789
Attention: Steven W. Patterson
Phone No.: (407) 644-6300
Facsimile No,: (407) 740-5769
To ZOM at the following address:
Zom Bayside Arbors, Ltd.
2269 Lee Road
Winter Park, Florida 32789
Attention: Steven W. Patterson
Phone No.: (407) 644-6300
Facsimile No,: (407) 740-5769
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Broad and Cassel
390 North Orange A venue
Suite 1100
P.O, Box 4961
Orlando, FL 32810
Attn: James E, Slater
Phone No.: (407) 839-4200
Facsimile No.: (407) 425-8377
with a copy to:
To the City at the following address:
Phone No.:
Facsimile No,:
or to such other address as either party hereto shall from time to time designate to the
other party by notice in writing as herein provided.
12. General Provisions. No failure of either party to exercise any power given
hereunder or to insist upon strict compliance with any obligation specified herein, and no custom
or practice at variance with the terms hereof, shall constitute a waiver of either party's right to
demand exact compliance with the terms hereof. This Agreement contains the entire agreement
of the parties hereto, Any amendment to this Agreement shall not be binding upon any of the
parties hereto unless slIch amendment is in writing and executed by the parties hereto and any
Mortgages of record of the Road and the ZOM Property. The provisions of this Agreement
shall inure to the benefit of and be binding upon the parties hereto and their respective heirs,
administrators, executors, personal representatives, successors and assigns, including, without
limitation, any mortgages of the Road or the ZOM Property. Time is of the essence of this
Agreement. This Agreement may be executed in multiple counterparts, each of which shall
constitute an original, but all of which taken together shall constitute one and the same
agreement. The headings inserted at the beginning of each paragraph are for convenience only,
and do not add to or subtract from the meaning of the contents of each paragraph, The parties
do hereby covenant and agree that sllch documents as may be legally necessary or otherwise
appropriate to carry out the terms of this Agreement shall be executed and delivered by each
party upon the reasonable request of any other party. This Agreement shall be governed by and
construed in accordance with the laws of the State of Florida.
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14. Litigation. In the event that any party fails or refuses to perform any obligation
required of it hereunder, or in the event of any other brC<lch or default hereunder, any non-
breaching party shall be entitled to seek, pursue and obtain any and all rights, remedies or relied
which may be available to it at law or in equity under the laws of the State of Florida, including,
without limitation, the right to obtain specific performance hereof, or injunctive relief either
mandatory or prohibitory. In the event of any litigation arising out of resulting from or
concerning this agreement its enforcement or enforceability, its interpretation, or its termination,
cancellation or rescission, the prevai I ing party or parties shall be entitled to recover from the
non-prevailing party or parties its or their costs of litigation, including, without limitation,
attorneys, and paralegals' fees, whether or incurred before, during or after trial, upon any
appellate level, or in any administrative, bankruptcy or insolvency proceeding,
13. Severabilit~. This Agreement is intended to be performed in accordance with,
and only to the extent permitted by, all applicable laws, ordinances, rules and regulations. If
any provision of this Agreement or the application thereof to any person or circumstance shall,
for any reason and to any extent, be invalid or unenforceable, the remainder of this Agreement
and the application of such provision to other persons or circumstances shall not be affected
thereby but rather shall be enforced to the greatest extent permitted by law.
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15. No Joint Venture, Neither this Agreement, nor any actions taken in performance
hereof shaIl be deemed or construed to create any partnership or joint venture or similar
. relationship by or among the partiGs hereto or any of them.
"ZBA"
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IN WITNESS WH EREOIi", the parties have executed and delivered this Agreement as
of the day and year first above written.
Witnesses:
ZBA, INC., a Florida Corporation
By:
Print Name:
STEVEN W. PATTERSON
President
Print Name:
(Corporate Seal)
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ZOM BAYSIDE ARBORS, LTD., a
Florida limited partnership
By: ZOM COMMUNITIES, INC., a Florida
corporation its general partner.
By:
Print Name:
STEVENW.PATTERSON
President
(CORPORATE SEAL)
Print Name:
"CITY"
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THE CITY OF CLEARWATER
FLORIDA, a municipal corporation
, .
By:
Name:
Its City Manager
ATTEST:
Name:
Its City Clerk
Countersigned:
By:.
Name:
Its Mayor-Commissioner
Approved as to Fonn
By:
Name:
Its Ci ty Attorney
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STATE OF FLORIDA
COUNTY OF
The foregoing instrument was acknowledged before me this day of
, 1993 by STEVEN W. PATTERSON, as President of ZBA, Inc., who executed
the foregoing instrument and acknowledged before me that he executed the same for the uses and
purposes therein expressed and who is personally known to me or who has produced
as identification,
Signature
Name (Printed, Typed, or Stamped)
Title
Commission Expires:
Serial Number (if applicable)
(SEAL)
STATE OF FLORIDA
COUNTY OF
The foregoing instrument was acknowledged before me this day of
, 1993 by STEVEN W. PATTERSON, as President of ZOM Communities"
Inc., general partner of 20M Bayside Arbors, Ltd., who executed the foregoing instrument and
acknowledged before me that he executed the same for the uses and purposes therein expressed
and who is personally known to me or who has produced as
identification,
Signature
Name (Printed, Typed, or Stamped)
Ti tie
Commission Expires:
Serial Number (if applicable)
(SEAL)
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STATE OF FLORIDA
COUNTY OF
The foregoing instrument was acknowledged before me this day of
________, 1993 by ________ as City Manager,
, as City Clerk, and , as Mayor-
Commissioner, of the City of Clearwater, a Municipal Corporation, who executed the foregoing
instrument and acknowledged before me that ~e executed the same freely and voluntarily for and
on behalf of the City of Clearwater, a Municipal Corporation, for the uses and purposes therein
expressed and who are personally known to me or who have produced
as identification.
Signature
Name (Printed, Typed, or Stamped)
Title
Commission Expires:
Serial Number (if applicable)
(SEAL)
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SEVILLE noULEVluU)
A parcel of land, from V,S. 19 to the A.E.L. Partnership tract of land which lies at the Eastern
"'Id of said Boulevard. Said parcel being within Section 17, Township 29 South, Range 16 EaSt,
Pinellas Count)', Florida, and is more panicularly described as follows:
Commence at the Southwest corner' of said Section 17; lhence North 01003 '04" East (North
01003'30" E field) with the Westerly boundar)' line of said Seclion 17, a distance of B 10.00 feet
(810.93 feet field); thence departing said Westerly boundary line South 88057'02" EaSt, a
distance of 100.00 fecI 10 a point, said point being on the E4ster1y right-of-way line of U,S. 19
Slate road number 55, and also being the Westerly boundary of a tract of land to Clc:arwaler
Seville Ltd, as found on record in O.R. Book 3362 at Page 349 of the Public Rerords of Pinellas
County, Florida, said point being the Point of Beginning; thence Nonh 01003'04" East (North
01003'30. E field) along said righl-of-way line and tract boundary linc, a distance: of 50,00 ieel;
thence South 88057'02" East, a distance of 99.98 feet; thence departing said righl-of-wa>' line
and continue with said tract boundary line South 88"57'02" East, a distance of 742.60 feet;
thence departing said tract boundary line and running with the Northerly edge of a concrete
valley guller which lies at the North side of existing Seville Boulevard South 88054'42" East.
a distance 001.46 feet; South 89024'32" East, a distance of 94.39 feet; thence Souto 79"47'51"
East, a distance of 67.86 feet; thence South 75015'59" East, a disrancc of 24.49 feet; to a point
of intersection willl a non-tangent curve, concave to the North, said curve having a radius of
78.90 feet and a central angle of 28051 '23"; thence East along the arC of said curve to the left,
a disrance of 39.74 feet, said curve being subtendcd by a chord which be.'U's SOUU) 89"38'36"
East, a distan~ of 39.32 feet; 10 a point of intersection with :1 non-tangent curve, concave to
the South, said curve having a radius of 172.90 feet and a central an2le of 25009'22"; thence
Easl along the arc of said curve to the right, a distance of 75.91 feet, said curve being sublcnded
by a chord which bears South 83035'11" East, a dislaI1Ce of 75.30 feel; to a poinl of intersection
WiLl a nOll-tangent curve, concave to the North, said curve having a radius of 332,60 feet and
a central angle of 17035'47"; thence East along the arc of s.1id curve to Ule left, a distance of
102.15 feet, said curve being slIbtended by a chord which bears South 82049'14" East, a
distance of 101.74 fect to the point of inu:rsecLion willI a non-tangent line; then~ North
87054'01" East, a distance of 26.07 feet; to a point of inlersection with a..r,on.tangent curve,
concave to the North, said curve having a radius of 350.50 feet and a central angle of
06005'58"; thence East along the arc of said curve 10 the left, a distance of 37.31 feet, said
curve being subtended by a chord which bears North 85047'54" Easl, a distance of 37.30 feet;
to a point of intersection with a non-tangent curve, concave to the North, said curve having a
radius of 155.60 fect and a central angle of 10007'36"; thence East along the arc of said curve
10 ule left, a dislance of 27.50 feet, said curve being subtended by a chord which bears North
80044' 17~ But, a distance of 29.47 fect; to a point of intersection with a non.tangent curve,
concave 10 the South, said curve having a radius of 104.10 feet and a central angle of
58032'38~i thence East along the arc of said curve to the right, a distance of 106.37 feet, said
curve being subtendcd by a chord which bears South 75010'14" East, a distance of 101.80 feel;
10 a point of intersection with a non-tangent curve, conca"e 10 the North, said curve having a
radius of 68,40 feet and a central angle of 41035'14"; thence Southeast along the arc of said
curve to the left, a distance of 49.65 feet, said curve being subtcnded by a chord which bears
South 70045'33" East, a distance of 48.56 feet; to a point of intersection with a non.tangenl
curvc, concave to the South, said curve 'having a radius of 269.00 feet and a central angle of
E>4 "34 '46" thence East along (he arc of said curve to tllc right, a distance of 21.50 feet, said
curve being subten9~ by a chord which bears South 88011'56" East, a dis12nce of 21.49 feet
',' 10 the point of intersection with a non-tangenlline; lhence Soulh 85037'52" Easl, a distance of
24.93 feet; thence South 84 oOO'45~ East, a distance of 42.16 feet; thence South 780 18'43" East,
a distance of 19.46 feet; to a point of intersection with a non-tangent curve, concave to the
South, said curve having a radius of 1385.60 feel and a central angle of 02025'22"; thence East
along lhe arc of said curve to the right, a distance of 58,59 feet, said curve being subtended by
a chord which bears South 74035'12" EaSl, a distance of 58.59 feet 10 the point of intersecLion
i2\076~I\OOIIVESJHJl01.15^
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EXIJ1Bl'r l\ (Con't)
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with the Westerly boundary line of the A.E.L. Partnership tract of land, thence with same Due
South to the Northerly boundary line of Seville Condominium Number 12, as shown on a plat
or map thereof on record in COl'dominium Plat Book 22 at Page 98 in the Public Record of
Pinc:llas Counly, Florida, being a distance of 30.29 feet; thence along the common boundary line
between said condominium and A.E.L. Pannership tracl of land South 75018'15" Easl, a
diS~1J1ce of 184.76 feet; thence South 43033'32" East, a distance of 63.70 feet; thence South
27002'39" West, a distance of 8.64 feel; thence departing said boundary line and nmning with
the Southern edge of a concrete valley gutter lying al the South edge of existing Seville
Boulevard N0I1h 64027'33" West a distance of 5.86 feet; thence North 63034'45" West, a
distance of 52.42 feet; thence North 69017'35" West, a distance of 194.15 feet; thence North
77053'07" West, a distance of 95.28 feet; to a point of intersection with a non-tangent curve,
concave \0 the South, said curve having a radius of 915.00 feet and a central angle of
03049'11"; thence West along the arc of said curve 10 the left, a distance of 61.00 feet, said
curve being subtcnded by a chord which bears North 85056'26" West, a distance of 60.99 feet;
to a point of intersection with a non-tangent curve, concave'to the North, said curve having a
radius of 57,70 feet and a cenlfal angle of 62046'57"; thence West along the arc of said curve
to the right, a distance of 63.23 feet, said curve being subtended by a chord which bears North
71035'04" West, a distance of 60.11 feet; to a point of intersection with a non-tangent curve,
cone-we to the South, said curve having a radius of72.30 feet and a central angle of70017'33";
thence Northwest along the arc of said curve to the left, a distance of 88.70 feet, said curve
being subtcnded by a chord which bears North 74 "20'23" West, a distance of 83.24 feel; to a
point of intersection with a non-tangenl curve, concave to lhe North, said curve having a radius
of 133.60 feet and a central angle of 14050'24"; thence West along the arc of said curve lO the
right, a dist.'\I)ce of 34.60 feet, s.'tid curve being subtended by a chord which bears South
80057'53" West, a distance of 34.51 feet to the point of intersection with a non-tangent line;
thence South 87000'30" West, a distance of 45,62 feetj thence South 88024'49" West, a distance
of 30.16 feel; to a poinl on the Easterly boundary line of Seville Condominium Number 7, as
shown on plat or map thereof found on record in Condominium Plat Book 5 at Page 97 of said
Public Records and being the point of intersection with a non-tangent curve, concave to the
North, said curve having a r.ldius of 73.60 feet and a central angle of 00037'56"; thence West
along Ule arc of said curve to the right, a distance of 0,81 feet, said curve being subtended by
a chord which be.us South 86041 '51" West, a dislaIlce of q,81 feet; to a point of compound
curvature with a curve, concave to the North, said curve having a radius of 73.60 feet and a
central angle of 10058 '02"; thence West, along Ule arc of said curve to the right, a distance of
14.09 feet, said arc subtended by a chord which bears North 87a30'lO" West, a distance of
14.07 feet to the point of intersection with a non~tangentlinej thence North-83054'52" West,
a dislance of 4.42 feetj thence North 82034'] 5" West, a distance of 31. 30 feet; thence North
81014'12" West, a distance of 2.34 feelj to a point of intersection with a non-tangent curve,
concave to the North, said curve having a radius of 274,00 feet and a central angle of
10033'55"; thence West along the arc of said curve to the right, a distance of 50.53 feet, said
curve being subtended by a chora which bears North 77016'50" West, a distance of 50.45 feel;
to a point of intersection with a non-tangent curve, concave to the South, said curve having a
radius of 123.60 feet and a central angle of 3r56'26"; thence West along the arc of said curve
to the left, a distance of 81. 85 feel, said curve being sub tended by a chord which bears South
88053'22" West, a distance of 80.36 feet; to a point of intersection with a non-tangent curve,
concave to the North, said curve having a radius of 199,20 feet and a central angle of
17031'55"j thence Southwest along the arc of said curve to the right. a distance of 60.25 feet,
said curve being subtended by a chord which bears South 72046' 10" West, a distance of 60.72
feet to Ule point of intersection with a nOll-tangent line; thence South 8r 13 '44 It West, a distance
of 14.92 feel to the Ea.'ilerly boundary line of Seville Condominium Number 2 as shown on a
plat or map thereof on record in Condomini\lm Plat Book 5 at Page 57 of said Public Records;
thence South 82013'44" West, a dislance of 24,64 feet; Lhence South 87021'29" West, a distance
of 168.84 feel; thenc~ North 88056'51" West, a distance of 45.23 fcetto Lhe Easterly boundary
line of Seville Condominium Number 1 as shown on a plat or map thereof on record in
Condominium Plat Book 5 at Page 2 of s.'\id Public Records; thence NorUl 88056'51" West, a
disiance of 44.73 feet; thence North 89013'32" West, a distance of 20.61 feel; thence North
88056'30" West, a distance of 90,80 feet; thcnce Nor\h 88044'35" West, a distance of 62.73
feel to the Westerly boundary line of said Scville Condominiul11 Number 1; thence North
88044'35" West, a distance of 69.62 feet; thence North 89008'10" West. a distance of 120.84
JU:\076."OOII VESJNIl07 .15^
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feet; thence North 880.'i7'58" West, a distance of 198,68 feei; then~ North 88056'50" West,
a distance of 102,39 feet; thence North 88056'50. West to the aforesaid Easterly right.of-way
line of V.S, 19, a distance of 54.47 (eet; thence North 01003'04" East (North 01003'30" E
field) with same, a distance of 47.78 feet to the Point of Beginnill!;.
I..ESS AND ~XCEPT:
Any and all lands which arc a part of Seville Condominium I, as recorded in Condominium Plat
Book 5, Pages Ilhrough 5 inclusive, Seville Condominium 2, as recorded in Condominium Plat
Book 5, Pages S6 through 60, inclusive. Seville Condominium 7, as recorded in Condominium
Plat Book 5, Pages 96 through 100, i~clusive and Seville Condominium Plat Book 7, Pages 97
through 106, inclusive, all of the Public Records of Pinellas County, (collectively, the
"Condominium Lands") but only to the extent that said Condominium Lands lie southerly of the
paved road ("Road") which comprises a portion of Seville Boulevard and which meanders across
the northerly portion of the Condominium Lands, it being the intent hereof to ex.clude from this
conveyance only that portion of lhe Condominium Lands w~ch lie southerly of the southerly
edge of the pavement of the Road, together with any of the southerly abutting improvements to
the Road, such as driveways, carports, sidewalks, landscape or other common elements or
limited common elements which are located on the Condominium Land and which are located
southerly of any contiguous to the Road.
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'-I,ve Qt: .s6e noN 17 - 61-1"'.
Scale: I": 100'
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l..EOt\L DBSCRIP110N
A parcol or Iud Iylng wllhln SocUon 17, Townahlp 29 South, RlUlgo 16 J4al, PLoeU..
County, Florida Uld bewg lDore plUtlcuhuly dcacrlbcd u foUowa:
Commence at Lhe louthwest corner of said Section 17, Ihence N01"03'30'Jl along the wad
boundary line of arJd Section 17 a dIstance of 810.93 feet; thence departing said westerly
boundary \Ine Saa-S7'02"B. a distance oC 100.00 Ceet to n point on the easlerly rlght,oC,way
line of U,S, Highway 19, Stalc Road No. 55, and also being the westerly boundary of a trncl
of land 10 Clearwater Seville Ltd. 1\3 found on record In O.R. Book 3362, Pag~ 349 of the
pubUe records of Plncllas County, Florida; said point belns the POINT OF DEGINNING;
thence NOI"03'30"B along said right-of-way lIoe and Iroct bountlury IInc, a lIistance of 50.00
feeti thence S88"S7'02"a 0 distance oC 545.98 feeti thence SOl"02'58"W a distance oC 97,60
feet to a point on thc northerly boundary line of Seville Contlolnln/um Number I as showll
on a pial or map thereof on record In Condominium PIlIt Dook 5, Poge: 2 oC said public
records: thence N8S"44'3S"W a distance of 69.62 feel: thencc N89008'lO"W a t1lstance of
11.0.84 feel: thence N8S"S7'SS"W a distance of 198.68 feeti thellce N8S"S6'SO.W 11 distance
of 102.39 feet: Ihcnc:e N8S"S6'SO'W to the aforesaid clUterly rlght.of.way line of U,S.
Highway 19 a distance of 54.47 fecti thcnce N01"03')O'B Q dlstnncc of 47.78 feet 10 the
POINT OF BBGINNlNG.
Contnlnln8 1.224 acres, or 53335.57 &qu&rc feci, more or less.
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OAlE CALCULATEO DRAWN CHECKED ITEM
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EXHIBrr c
PARCEL A
LEGAL DESCRIl)TION
From the Southwest corner of Government Lot I, Section 20, Township 29 South, Range 16 East
run thence North 0052'25" East along the West section line of said Section 20, 600.00 feet; run
thence South 89013'12" East along a line 600,00 feet Northerly and parallel to the Soulh line of
said Governmenllot I, 1,400.00 feet; thence run North 0052'25" East, 733.92 feet along the
East line of the Westerly 1,400.00 fcet of Government Loti; thence run South 89"57'02" 8lst
along the Soulh line of Seclion 17, Township 29 South, Range 16 East, 280,00 feet; thence run
North 27"02'39" East 43,67 feet for a Point of Beginning, Thcnce continue North 27'-'02'39"
East along the East line of Seville Condominiums 14 and 12, 684.33 feet; thence rUIl North
43033'32" West 63.70 f~et; thence run North 75018'15" West, 184,76 fect; thence run North
329,15 feet; thence run North 36~9'07" East, 439.88 feet; thence run South 4)"11'54" East,
736,36 feet; thence continue South 43011'54" East, 1,220,07 feet; thence run South 14"03'39"
West, 574,62 feet; thence run North 76<>35'16" West, 1,130,45 feet; thence rUll North 52"50'19"
West 149,74 feel; thence run Norlh 52036'49.' West, 197.47 feet; thence run North 54019' 17"
West, 207,80 feet; thence run North 48"27'54" West, 6.79 feet to the Point of B~ginning.
PARCEL B
LEGAL DESCRllYfION
From the SW corner of Seclion 17 (Being also the NW corner of Section 20), Township 29 S,
Range 16 E, run 588057'02" East along the north line of said Section 20,400,00 feet for a Point
of Beginning; Run thence North 1 "03'04" East along a line 400 feet easterly of the West line of
said Section 17, 254.00 feet; run thence 588057'02" East along the South line of Seville
Condominium 4 (see Condominium Plat Book 7, Page 55-59, Public Records of Pinellas County,
Florida), 313.13 feet; run thence North 51,"06'17" East 40 feet to a Point on the Centerline of
Pearce Drive (see Q,R, Book 3421, Page 223, Public Records of Pinellas Counly, Florida); run
thence Southeasterly along a curve 10 the left of 100 feel radius (chord bearing South 63"25'2)"
East, chord distance 86.19 feet), 89.11 feet; thence continue along the centerline of Pearce
Drive, South 88057'02" East, 588.08 feet (also being the South line of Seville Condominiums
3,8,11 & 14); run thence Southeasterly along a curve to the right of 166,63 feet radius (chord
bearing South 67038'32" East, chord distance 121.11 feet) 123.95 feet; run thence Soulh
460:20'02" East, 237,90 feet; run Ihence North 27002'59" East, 2.61 feet; run thence South
480:27'54" East, 6.78 feet; run thence South 54019'17.0" East along Ihe South line of that certain
tract conveyed to A.E.L. (See O.R, Book 5232, Page 1130, Public Records of Pinellas County,
Florida), 207.80 r~t; run thence South 52036'49" East, 197,47 feet; run thence South 52050' 19"
East, 149,74 feetj run thence SOllth 76035'16" East, 1,130.45 feet; run thence SOllth 14003'39"
West, 200 feet; Run thence North 89"13'12" West, 1,812.30 feet; run thence North 0"52'25"
East along the East line of the West 1,400 feel of said Section 20, 733.92 feet; run thence North
88057'02" West 1.000.00 feet to the POB.
Subject lo easements for ingress and egress, drainage and utilities, over Pearce Drive, as
recorded in O.R. Book 3421, Page 223 and Q,R, Book 3051, Page 586, Public Records of
Pinellas County, Florida, and subject to easements for City of Clearwater sanitary sewers, as
recorded in O.R, Book 1704, Pages 684-687 and O.R. Book 3273, Pages 254-255, and subject
to ~'lse",ent to Florida Power Corporation for existing power lines, and subject to easement for
existing water mains serving Seville Condominiums,
Together with an e.'lscsnenl for ingress and egress over Seville Boulevard and Pearce Drive, as
recorded in O.R. Book 3051, Pages 586-587 and Q,R. Dook 3421, Page 223, Public Records
of Pincllas County, Florida.
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EXlIIBIT D
Seville Boulevard Roadway Improvement Plan as prepared by King Engineering Associates, Inc.
dated August 23, 1993. .
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RESOLUTION NO. 93-67
A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA,
RESCINDING RESOLUTION 93-27 WHICH REQUESTED THAT FLORIDA
LEGISLATURE REVOKE THE CHARTER OF THE CLEARWATER
DOWNTOWN DEVELOPMENT BOARD AND 01 SSOLVE SAID BOARD;
PROVIDING AN EFFECTIVE DATE.
l~. ' ,
WHEREAS, on April 15, 1993, the City Commission adopted Resolution 93-27
requesting that the Florida Legislature revoke the charter of the Clearwater
Downtown Development Board and dissolve said board; and
WHEREAS, on July 26, 1993, a vote of the property owners within the taxing
district was taken on the question of whether to dissolve the Clearwater Downtown
Development Board and its special taxing district; and
\~HEREAS, the resu 1 t' of that vote was 70 II yes II . and 110 "no; II and
WHEREAS, based on that vote and recent efforts to reach cooperation among
the various downtown agencies, the city commission desires to rescind Resolution
93-27; now, therefore I
BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. The City Commission hereby rescinds Ordinance 93-27.
Section 2. This resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED this
day of
, 1993.
Attest:
Cynthia E. Goudeau
City Clerk
Rita Garvey
Mayor-Commissioner
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OCT-14-1993 15:34 FRa1 PLAN~IN3 &. DEVELCFMENT
CI TY ~-roER
TO
P.01
CITY OF CLEARWATER
Interdepartment Correspondence
.
33 ~.
TO:
VIA:
FROM:
SUBJECT:
Michael Wright, City Manager
Kathy !'tice, Deputy City Manage!tW
Scott Shuford, Central Permitting DirectorSS
Magnolia Street Pavilion/Dock - Public Opposition
M. A. Galbraith, Jr., City Attorney
cyndie Goudeau, City Clerk
William Baker, Djre~tor of Public Works
Sandra E. Glatthorn, Senior Planner
COPIES:
DATE:
October' 4, 1993
Atthe October 14, 1993 Development Code Adjustment Board meeting, there was considerable
public opposition, to the necessary vf;uiances to reconstruct the Magnolia Street dock/pavilion. This
opposition came from a number of' prominent members of the Harbor Oaks Association. These
Individuals Included: Cedlo Salterelli (Association President), Bob Kirn, Harold Hyatt, George
. Cousins, Charles Walker (through a representative), and Nigel Mansell.
The concern that was universally expressed by these residents involved after hours use of the dock.
There were complaints of threatening acts, rowdy behavior and frequent nocturnal disturbances.
The Development Code Adjustment Board,. at my request, continued this Item until Its October 28,
1993 meeting. The Board members did indicate that they were likely to vote against the variances
requested by the City due to the testimony that had been presented to them at the meeting.
Given this level of opposition, you may wish to seek direction from the Commission I'egsrding
whether to proceed with this project. The City can build 8 substantially smaller dock without a need
for a variance, but slIch aotion may be contrary to the wishes of the surrounding neIghborhood. The
Turner Street dock project is also in this same neighborhood; the Commission may also wish to
considef that project in the context of the public opposition to Magnolia Street dock.
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Should you have questions or comments, please contact me.
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CHARLES W. WALTER
208 MAGNOLIA DRIVE
CLEARWATER,FL 34616
813-442-6789
November 3, 1993
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Mayor 'Rita Garvey
City of Clearwater
112 So. Osceola Avenue
Clearwater, FL 34616
Dear Mayor Garvey:
My wife and I are the owners of the property immediately
north of the former city dock at the foot of Magnolia Drive just
west of Druid Road.
We are very concerned about the City plans to reconstruct
this dock that was destroyed in the storm of March 12/13, 1993.
During a Planning Board hearing regarding the application for a
variance by the City to replace the dock, myself and all of my
neighbors that are immediately affected by the dock were
represented at the hearing in opposition to the variance request.
No one appeared in favor of the request. The City
representatives, after hearing all of the opposition requested a
continuation of the Planning Board hearing, which request was
granted.
We are now told that another continuance was requested and
granted to allow the Commission to consider the matter of the
dock at a work session on November 8, 1993.
I am writing to you to appeal to. you to cancel the plans to
rebuild the dock. We have been unable to enjoy our property for
the past few years that we have lived at this house, and live in
fear because of the vagrants' and indigents that populate the dock
and the yards of the neighbors. The police have been unable to
offer much help in ridding the neighborhood of the nuisance that
the dock attracts. Since the dock was destroyed in March, the
problem has all but disappeared and we are able to enjoy our
property as anyone should have the right to do.
I am enclosing with this letter a copy of my letter to the
Planning Board that offers much more detail of the problems that
we have had with the dock.
I thank you for your kind consideration of my plea for help.
a truly yours,
L:-u/I{/~(
Charles W. Walter
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208 Magnolia Drive
Clearwater, FL 34616
October 12, 1993
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City of Clearwater
P.O. Box 4748
,Clear:water, FL 34618-4748
Attn: Cynthia Goudeau
City Clerk
Dear Ms. Goudeau:
This letter is in regard to a request by the City of
Clearwater for variances of the Land Development Code to allow
for construction of a dock at a location described as being over
submerged land west of 201 Magnolia Drive. This variance request
is the subject of a hearing scheduled for October 14, 1993.
The purpose of the request by the City is to allow for
construction of a new dock which would replace one which was lost
during a storm of March 12-14, 1993.
Please be advised that we strongly object to the approval of the
requested variances at this location which is immediately
adjacent to our property at 208 Magnolia Drive. The reasons for
our objections are threefold:
1. Size and proximity to residential neighbors.
2. Physical threat to property of neighbors.
3. Creation of a public nuisance.
1. The proposed doc~ would be 91.5 feet by 40 feet. The length
of such a dock would be almost as long as the seawall property
. lengths of at least three of the adjacent neighbors, with the
nearest point of the dock only 12.5 feet from my extended
property line. A dock of this size overpowers our property and
the large numbers of visitors that could be accommodated can
create at times the noise and disturbances expected at a
commercial attraction. In the past this has been the case, and
we were unable to enjoy the use of that portion of our property
within a couple of hundred feet of the city dock.
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2. The former dock, when destroyed by the March storm, caused
severe damage to the property of at least three of the
neighboring properties. Damage at our property exceeds
$200,000.00 to seawall and buildings. Damage to property of two
of our neighbors to the north exceeds $100,000.00. The major
remnants of the dock still rest on my property and the property
of two neighbors, awaiting insurance and legal determinations.
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Reports of engineering companies have listed the cause of
the damage to our property as impact to seawall and buildings by
large timbers and beams which were part of the dock. A dock of
that size necessarily was constructed of very large members, as,
would be any future dock of the size listed in the variance
request by the City. The engineers further state that the
timbe~s from the dock acted like battering rams in the wind
driven seas.
After spending $200,000.00 for reconstruction of our
property, little of which is covered by insurance, we could never
be certain that a new dock of the relatively massive size
proposed by the city would not once again destroy our property.
3. The previous dock has been a nuisance during the entire
several years we have owned our property. The dock was
constructed by the Harbor Oaks developer, the Alvord brothers,
in the 1920's to serve in part as a recreational site for that
community. Until its demise this year it served that purpose not
only for the community but for people from allover the area.
There has been, however, a more negative use of the dock as it
has become attractive to vagrants and indigents who regularly
visit the dock at night, and sometimes during daylight hours.
Once at the City dock, the property of the neighbors became even
more attractive to them and in our case we regularly chase
trespassers from the grounds, some of which have set up
housekeeping. On one occasion, I was assaulted by a man who
surprised me while entering my garden building, and in the past
few months my daughter was threatened by three trespassers whom
she had asked to leave.
Although the dock was posted to be closed after 9 PM, this
was constantly ignored and the police were unable to stop these
violations. Night after night we were awakened by loud shouts,
boom boxes, tire squealing, and partying. Calls for police
assistance are answered after time but, by the time the police
respond the damage is done. It has become futile to call the
police.
At least once a week we had to devote time to cleaning up
cans and bottles thrown over the wall onto our property, and the
garbage and trash left at the dock have made it difficult to
control the rat and raccoon population. Drug and sexual activity
at the dock is apparent, and in April a police officer responding
to a trespass and theft report at my property witnessed drug
syringes at the edge of our property adjacent to the City dock.
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In closing, I would like to mention that since destruction
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of the dock in March, we have had no more occasions of being
awakened at night, and have finally been able to enjoy the use of
our property to the extent that ownership entitles one.
We respectfully
variances requested
continue to enjoy the
request the Board
for this site
private use
This
of our
to decide against
would allow us
property.
the
to
Very truly yours,
Charles w.
Walter
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TO:
RECEIVED
NOV 08 1993
,QITY"C.LERK,DEPJ:
C i t Y Comm i s s ion
. FROM:
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Sue Berfield, Commissioner -ry--K~'-:",
COPIES:
Mike Wright, Ci ty Manager
Bruce Cardinal, Chairman
Code Enforcement Review Task Force
CERTaF M~mbership
Kathy S. Rice, Deputy City Manager
Lt. Jefr Kronschnabl, Special Asst. to Ci ty 'Vlanager
James Polatty, Economic Development Director
Scott Shuford, Central Permitting Director
S UBJ ECT :
Extending Code Enforcement Review
Task Force Additional Length of Time
DATE:
November 2,1993
We received a memo dated November 1, 1993 from Mr. Cardinal.
Mr. Cardinal indicated that they have yet to review chapters
36,39,41,44,47,49,52 and 55 of the code. He is requesting
direction from the Commission as to whether we wish for them to
proceed. He also is indicating that the task force would prefer
monthly instead of weekly meetings.
. I would request that we address this issue at our November
8, 1993 meeting. I do real ize that this is not two weeks not ice,
however, Mr. Cardinal does indicate in his letter that no
meetings are scheduled beyond November 17, 1993.
To be fair with the volunteer members of our task force and
real izing thut the holiday season is rapidly approaching, I do
feel we should give consideration to this request which would
enable task force members to calendar their activities in
advance.
Thank you for your consideration of this request!
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Mr. Michael Wright 8 November 1993
City Manager
city of Clearwater
112 South Osceola Avenue
Clearwater, FL 34616
Dear Mr. Wright:
We the Holidays on the Islands Committee respectfully
request consideration for the city to Co-Sponsor our
event which will take place on Sunday December 5, 1993
from 4:00 P.M. to 8:00 P.M. on Clearwater Beach in the
area of Kruz Gardens behind the civic Center TO THE
EXTENT OF WAIVING THE LIABILITY INSURANCE REQUIREMENT.
As well as the entertainment, the Clearwater Beach
,Association will be providing Holiday Lights and or
Decorations in the Barnett Bank Triangle, the Kruz
Gardens and the Welcome to Clearwater sign. As time is '
,of the essence we hope this will receive your
immediate attention.
.Thanking you in advance, I remain,
Very truly yours,
z(~' IIAv?Jfn--.J
, Shirley ill Moran
Chairp rson
324 Leeward Island
Clearwater,FL34630
(813)442-1660
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