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01/18/1996
DATE F ??9 CITY COMMISSION MEETING I - is - (4 ro Note: ?'??'qcP Preliminary (Worksession) agenda and paperwork that was in package initially but then not continued onto Thursday's agenda is at the back of this agenda pack. 1 ACTION AGENDA - CLEARWATER CITY COMMISSION MEETING Thursday, January 18, 1996 - 6:00 P.M. - Chambers Welcome. We are glad to have you join us. If you wish to speak please wait to be recognized, then state your name and address, Persons speaking before the City Commission 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. ANY PERSON WITH A DISABILITY REQUIRING REASONABLE ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS MEETING, SHOULD CALL 813/462-6684. 1 . Invocation 1, 2. Pledge of Allegiance 3. Service Awards 2. 4. Introductions and Awards 3, 5. Presentations a) High Speed Rail - Hillsborough County 4, Rail Initiative - Commissioner Ed Turnanchik 6. Approval of Minutes - Regular Meeting 5. 1/4/96 6. 7. Citizens to be heard re items not on the Agenda Rev. Dennis MacAleer, Trinity Presbyterian Church. Mayor. 2 service awards presented; 2 retirement awards presented. Proclamation: Clearwater on Sail Week - 3/17-23/96. a) Presentation received. Approved as submitted. Pat Yagel expressed concern that many downtown property owners were not invited to the Harborview Center Grand Opening. The City Manager responded it was an inadvertent oversight by city staff and apologized. John Doran expressed concern re cable TV rate increases and encouraged people to complain to the FCC. Commission directed that City also send a letter. Tom Sehlhorst encouraged public participation in his case before the Municipal Code Enforcement Board. PUBLIC HEARINGS All individuals speaking on public hearing items will be sworn-in. Not Before 6:00 P.M. Administrative public hearings: - Presentation of issues by City staff. - Statement of case by applicant or representative (5 minutes). - Commission questions. - Comments in support and in opposition (3 minutes per speaker). - Commission questions. - Final rebuttal by applicant or representative (5 minutes). - Commission disposition 8. Public Hearing - Declare surplus for purpose of exchanging for other real property, northerly 27.75' m.o.l. of vacant city owned property located at 1551 Gulf Blvd. on Sand Key, Sec. 19-29-15, M&B 43.01 (EN) 8. Declared surplus. 1/18/96 9. Not Public Hearing - Contract for Exchange of Property located in Sec. 19-29-15 with Clearwater Key Association - South Bay, Inc., each parcel having an equal est. value of $34,475; pay for environmental audit, survey update, title insurance & closing expenses est. at $3,575 (EN) 10. (Cont. from 1/4/96) Public Hearing & First Reading Ord. #5889-95 - LDCA amending permitted and conditional uses (LDCA 95-12) (CP) 9. Approved. 10, Approved, Ord, #5889-95 passed 1st reading. Public Hearing - Second Reading Ordinances 11. Ord. #5950-95 - Annexation for property located at 2030 Calumet St., Clearwater Industrial Park, part of Lot 9 (Douglas R. Birch, Trustee, A95-26) 12. Ord. #5951-95 - Land Use Plan Amendment to Industrial Limited for property located at 2030 Calumet St., Clearwater Industrial Park, part of Lot 9 (Douglas R. Birch, Trustee, LUP95-32) 13. Ord. #5952-95 - IL Zoning for property located at 2030 Calumet St., Clearwater Industrial Park, part of Lot 9 (Douglas R. Birch, Trustee, A95-26) 14. Ord. #5953-95 - Annexation for property located at 1622 Sherwood St., Highland Pines 3rd Addition, Blk 16, Lot 6 (Rebecca L. Hutto, A95-27) 15. Ord. #5954-95 - Land Use Plan Amendment to Residential Low for property located at 1622 Sherwood St., Highland Pines 3rd Addition, Blk 16, Lot 6 (Rebecca L. Hutto, LUP95-33) 16. Ord. #5955-95 - RS-8 Zoning for property located at 1622 Sherwood St., Highland Pines 3rd Addition, Blk 16, Lot 6 (Rebecca L. Hutto, A95-27) 17. Ord. #5959-96 - Vacating city's interest in westerly 160' m.o.l. of South Shore Blvd. r- ow and the 20' temporary construction easement which crosses South Shore Blvd. to Fisherman's Wharf of Clearwater, Inc. (City, V95-22) 1/18/96 11. Ord. #5950-95 adopted. 12. Ord. #5951-95 adopted. 13. Ord, #5952-95 adopted. 14. Ord. #5953-95 adopted. 15. Ord, #5954-95 adopted. 16. Ord. #5955-95 adopted. 17. Ord. #5959-96 adopted. 2 r 18. Ord. #5960-96 - Vacating full east/west ro- w of Pinellas Street, lying between Waters Ave. & Bay Ave., subject to it being retained full width as a drainage, utility, ingress & egress and sidewalk easement (Morton Plant Hospital, V95-14) 19. Ord. #5961-96 - Vacating West 2' of 12' Drainage and Utility Easement lying along East side of Lot 27, Woodgate of Countryside Unit One, less South 5' (Joyce, V95-18) 20. Ord. #5965-96 - Vacating East 2.5' of 7.5' Drainage and Utility Easement lying along West side of Lot 406, Morningside Estates Unit 4 (Olson, V95-19) 21. Ord. #5966-96 - Vacating 5' Drainage and Utility Easement lying along Northeast side of Lot 52, Ambleside First Addition (Diemer, V95-20) 22. Ord. #5967-96 - Vacating city's interest in water main easement granted to the City by Florida Power Corp. on 2/20/95 back to Florida Power (Secs. 6-29-16 & 7-29-16) (City, V95-15) 23. Ord. # 5968-96 - Amending Art. III of Ch. 2; designating an official city seal; establishing general restrictions on the use of said seal 24. Not Public Hearing - Res. #96-08 - Authorizing the use of the Municipal Seal of the City of Clearwater 18. Ord. #5960-96 adopted. 19. Ord. #5961-96 adopted. 20. Ord. #5965-96 adopted. 21. Ord. #5966-96 adopted. 22. Ord. #5967-96 adopted. 23. Ord. #5968-96 adopted. 24. Res. #96-08 adopted. CITY MANAGER REPORTS CONSENT AGENDA (Items #25-30) - Approved as submitted. The following items require no formal public hearing and are subject to being approved in a single motion. However, any City Commissioner or the City Manager may remove an item from the Consent Agenda to allow discussion and voting on the item individually. 25. FY 1995-96 HOME Funding Agreement with Pinellas County for funding to be provided under HOME federal housing program (ED) 26. Purchase of one 1996 mid-size window van from Bill Currie Ford, Tampa, FL, for $17,437; and the following vehicles under Florida Sheriff's Association (FSA) Bid No. 95-03-0925: two 1996 4- door utility vehicles from Brandon Chrysler-Plymouth-Jeep Eagle, Brandon, FL, for $37,248; two 1/18/96 3 1996 1 /2 ton pickups with topper & bedliner from Carlisle Ford, St. Petersburg, FL, for $31,444.50; and award administrative fee of $200 to FSA; also, purchase one 1996 full-size panel truck from Regency Dodge, Inc., Jacksonville, FL, under State Contract No. 070-300-403, for $17,744; total cost of these purchases not to exceed $104,073.50; funding to be provided under city's master lease-purchase agreement (GS) 27. Cooperative Agreement with SWFWMD regarding placement of an Interactive Video Water Information Display at Moccasin Lake Park (PR) 28. Purchase one 1995 Crane Carrier Centurion L.E.T. Truck with GS-Products Semi-automated Recycling Body from Crane Carrier Co., Tulsa, OK, for $99,700; financing to be provided under city's master lease-purchase agreement (SW) 29. Acceptance of utilities easement (Monin, Inc.) (CA) 30. Acceptance of warranty deed for right-of-way (Park Place Land, Ltd.) (CA) OTHER ITEMS ON CITY MANAGER REPORT 31. Reconsider - Contraction / De-annexation for property located at 3001 Sunset Point Rd., Sec. 4-29-16, M&B 23.03, .063 acres m.o.l. (Roetzer, A93-30, LUP93-41) (CP) 32. Res. #96-10 - Finding the proposed shoreline protection construction project associated with the Grande Bay Apartment Complex to be a public necessity with mitigation required (CP) 33. Res. #96-04 - officially naming access road to the new Pier 60 Park as "Pier 60 Drive" (formerly Marianne Street and Coronado Drive) (EN) 34. Other Pending Matters 31. No action to change 12/7/95 denial. Approve waiver of variance fee if new variance for fence applied for within 30 days. 32. Approved. Res. #96-10 adopted. 33. Approved. Res. #96-04 adopted. 34. None. CITY ATTORNEY REPORTS 35. Resolutions a) Res. #96-03 - Assessing property owners the costs of having mowed or cleared owners' lots b) Res #96-07 - Requesting State assistance in the renourishment of the storm ravaged beaches on Sand Key in Pinellas County c) Res. #96-11 - Amending Rule 12 of Commission Rules relating to Commission action on items not on the agenda 1/18/96 35. Resolutions a) Res. #96-03 adopted. b) Res. #96-07 adopted. c) Res. #96-11 adopted. 4 36. Other City Attorney Items a) Hire outside attorney for Pension investment issue 36. Other City Attorney Items a) Approved retaining outside counsel for an amount not to exceed $ 10,000 without further Commission action for the case: Association of Confederation Life Contract holders, et al. v. Commissioner of Insurance of State of Michigan (regarding Rehabilitation of Confederation Life Insurance Company) Authorized bringing 3rd party into Hawks V. City suit. 37. City Manager Verbal Reports - None. 38. Other Commission Action erfield reported McDonalds & Bayview cases were heard by the Pinellas Planning Council on 1/17/96. McDonalds was approved, Bayview denied. Now goes to County Commission for final action. She reported Ruth Eckerd Hall does have written rules re new parking fees. She stated Ruth Eckerd Hall made $20,000 from Angels in America, as well as received a donation for "staying the course" re that production. Berfield questioned Mr. Campbell's letter re copyright on code. The City Attorney reported it does not affect the public's access to the code. Berfield requested complimentary letter re 2 solid waste employees be placed in their personnel files. Clark questioned if the Commission wanted to do a resolution re Convention & Visitors Bureau (CVB) moving to Clearwater. Consensus to send letter to all County Commissioners & CVB members. Garvey announced Saturday in the City event in downtown on 1/20/96. 39. Adjournment - 8:15 p.m. 1/18/96 5 CITY OF CLEARWATER Interdepartmental Correspondence TO: Mayor Garvey FROM: Sally Thomas, Agenda Clerk SUBJECT: Invocation COPIES: Cynthia Goudeau, City Clerk DATE: January 18, 1996 Tonight's invocation will be offered by Rev. (Dr.) Dennis MacAleer, Trinity Presbyterian Church, 2001 Rainbow Dr., 34625 StJ?t&. CLEARWATER CITY COMMISSION Item # Meeting Date 01/16/96 ?TEPAgenda Cover Memorandum 01/18/96 Subject: SERVICE AWARDS Recommendation/Motion: The following employees be presented with service awards for their length of service in the employment of the City of Clearwater, ? and that the appropriate officials be authorized to execute same. BACKGROUND: 5 Years• Larry M. Shefts Engineering Norma L. Matthews Library Richard Tyler Finance Nancy A. Deleon Human Resources Patricia M. Schrembs Police Michael F. Janz Police Earl W. Barrett Engineering Dane R. Heatherington Engineering James F. Enigk Public Works John A. Laird Public Works Charles R. Jeffries Public Works Maurice L. Jones Parks & Recreation William A. Myers, Jr. Public Works Cynthia A. Mayberry Engineering 10 Years_ Susan A. Stieben Police Gregory A. Holding Fire John S. Llauget Parks & Recreation Gerald A. Wells Public Works Leroy D. Robinson Jr. Public Works Glenn N. Daniel Public Works Gordon P. Grandi Gas Donald J. Thomson Fire William F. Woodling General Services Donald B. Beckman General Services Wendy G. Campbell Fire Sandra E. Glatthorn Central Permitting Randall A. Bacher Fire Norman B. Jernigan Fire Ronald J. Willms Fire John A. Johnson E n g i n e e r i n g Lester J. Pulfer Solid Waste Thomas R. Cobb General Services 15 Years: James A. Stephens Public Works Mary E. Case Public Works Helga G. Lanier Public Works Cynthia M. Climan Human Resources Sidney R. Klein Police Mark A. Carlson Engineering Beverly J. Lockman Library Holly L. May Library Cecil Rhodes Library Nancy J. Scott Solid Waste Reviewed by: Originating Dept: Costs: Commission Action: Human Resources Total Legal ? Approved ? Budget Appr oved w/conditions Purchasing User Dept.: Current FY ? Denied Risk Mgmt. ? Cont inued to: C!S Funding Source: ACM Advertised: ? Capt. imp. Other Date: ? Operating Paper: ? Other Attachments: ? Not required Submitted by: Affected parties Appropriation Code: ? Notified ? Not required ? None City Manager r S Agenda Item-Service Awards Page 2 January 16, 1996 2.Q Years: Linda L. Myers 25 Years: David Hardman Terrance L. Clements Judy D. Adriance 30 Years: Ozell George Finance Police Fire Public Works Parks & Recreation Zerry Littles Public Works Jack M. Callahan Fi re David A. Daiker Fi re TO: Mayor Rita Garvey FROM: Betty J. Blunt, Confidential Clerk Receptionist COPIES: City Commissioners, Betty Deptula, Cyndie Goudeau SUBJECT: Presentation at the January 18, 1996 City Commission meeting DATE: January 18, 1996 The following presentation will be made at the January 18, 1996 City Commission meeting. ears kz4aurice Jones, Parks & Recreation - permanent part-time employee (letter of appreciation only) 10 years Norman Jernigan, Fire (letter of appreciation and a wall clock) '4/M-yean Terrance Clements, Fire (letter of appreciation, day off with pay, dinner certificate (employee has received dinner certificate) Retirement Awards Allen Edelman, Parks and Recreation (letter of appreciation and a gift certificate) J Robert Morris n on, Jr., Parks a and Recreation (letter of appreciation and a gift certificate) PROCLAMATION ",/Clearwater On Sail Week I R Dr. Nicholas Alexiou presentation: Mayor Garvey and City Commissioners; I thank you for giving time on your business agenda so that I may address you briefly. My name is Doctor Nicholas G. Alexiou. I am a Clearwater resident of 17 years; I reside on Island Estates; I am a retired physician-educator and a member of Windjammers Sailing Club of Clearwater. I chose to live in this community because of the great sailing waters of the Gulf of Mexico. Tonight I address you as VOLUNTEER chairman of Fundraising for the Suncoast Sailing Campaign. 1 ask you to support the Clearwater Team for the Tornado Class Race in the 1996 Summer Olympics. Every four years, the nations of the world call upon their best athletes to compete in the World Olympic events. It is a proud community that can offer its athletes to represent their nation in one of the recognized events in competition and to challenge the youth of the world. Clearwater has a candidate to offer to compete to become the representative of the United States for the Olympic Tornado Class Sailing event for Catamarans. 1 t The Suncoast Sailing Team has built an exemplary record of performance which has earned it the right to be designated as an official contender ... a necessary first step on the road to the Olympic Events in the 1996 Summer Olympics The next necessary step is to build on that by competing in pretrial regattas and races all over the country. Our official contenders are striving to make enough points to be invited to participate in the Olympic trials. The winner of the trials will be the USA Representative to the Olympics. Most nations of the world go to great lengths to recruit candidates for the Olympic events. They select and sponsor fully the best of these recruits. The Unites States relies on individuals to come forth and to sponsor themselves as best they can through self-funding. The preparation is long and arduous and expensive, which is why most nations fully sponsor their athletes. And since there is no national financial support for U.S. competitors, local communities, businesses, civic organizations, families and friends are so important to those who aspire to achieve Olympic status. 2 We, in Clearwater, can make history as sponsors, supplementing the contributions and energy already spent by the Suncoast Sailing Campaign Team members in their Quest for the Gold. By actively sponsoring this Team, we can strengthen their boot strap operation, and enable them to get the best training, the best equipment, the opportunity to travel throughout the country to enter the pretrial races and regattas and to win. We have a wonderful sailing environment we can boast about. Now we have an exciting serious contender for the Summer Olympics. We will honor ourselves and our youth and our community by participating in this Olympic preparation, as sponsors. We will be letting our youth know that we admire aspiration to lofty goals; we respect dedication to achievement and excellence and that we are a unified community - worthy of an Olympic champion. Those of us who are active volunteers in the monumental campaign are extremely grateful for your consideration of issuing a proclamation that will mobilize the citizens of Clearwater behind the Olympian endeavor. 3 r DATE c?r•. ?•J .J: ITEEPA F y6 ? r?? = y PROCLAMATION We, the Mayor and Commission of the City of Clearwater, Florida, in assembly convened on this 18th day of January in the year Nineteen Hundred and Ninety Six, do hereby proclaim and designate that; WHEREAS, the 1996 summer Olympic Games will be conducted in Atlanta, Georgia; and WHEREAS, it is one of the loftiest dreams of virtually every American youth to represent our country in the Olympics; and WHEREAS, the Suncoast Sailing Team, home based in our City of Clearwater, has been designated by the non-profit United States Sailing Foundation as an Official Contender in the Olympic Catamaran Division; and WHEREAS, the United States Sailing Foundation has been designated as the official depository and fund dispensing authority for the Suncoast Catamaran Sailing Team; and WHEREAS, the Suncoast Sailing Team, unlike Olympic contenders from other sovereign nations, is not funded by our Federal Government, and WHEREAS, the rigorous training regiment necessitated to prepare the Suncoast Sailing Team requires extensive travel expenditures and involves considerable funds for purchase of Olympic calibre equipment for competition in Olympic pre-trial training regattas; and WHEREAS, the Suncoast Sailing Team under the leadership of Skipper Robbie Daniel of Clearwater has dernonstrated in such competitive regattas versus world class sailing tearns that it is a bona fide contender for the right to represent the United States in the Catamaran Olympic Sailing Division; and WHEREAS, contributions to the Suncoast Sailing Team via the United States Sailing Foundation are tax-deductible; NOW, THEREFORE, do we proclaim the week of March 17-23, 1996 as Clearwater on Sail Week and encourage and urge all citizens, business firms, and community organizations, in a united manifestation of civic pride, to create, conduct and support the vital fund raising activities requisite to enable the Suncoast Sailing Team to compete fully in the training regattas and emerge victorious in Official Olympic Trials as our United States representative in the Quest For The Gold. IV N S] t C Z .w oCl) Q U o? Z o? 0 _V ?-- as o0 Cl) 4 Q 6 m cs U O Of a t co --ID5 50. The Tampa Tribune, Monday, February 27, 1995 L A i 2D TIMES N SUNDAY, DECEr,,IBER 3, 11T)5 X EDITORIALS Get on track to the suture just a few years ago the notion of building a commuter rail system to link this sprawling region of disconnected cities and suburbs seemed little more than an urban planner's pipe dream, But things change; The impossible now seems plausible. Thanks to the dogged efforts of a deter- mined county commissioner, and important changes in state and federal transportation policies, Hillsborough County is poised to make rail an important part of its future. It's time Pinellas County joined the effort, Much has to happen before the first train rolls down any track. Money must be found for detailed studies, elected officials have to demonstrate a serious commitment and the public has to show that it is willing to follow. Getting this done will take the kind of vision and patience rarely found in Florida. It all starts by viewing rail from a new perspective. "This really is not about trains," explains Hillsborough Commission- er Ed Turanchik, the region's biggest rail advocate, "It's about growth management and the future shape and contours and focus of the community we live in." Getting people out of their cars and into trains is no simple feat in a region that has grown up around the automobile. Freeways have transformed America in the past 50 years, but rail is making a comeback as communities across the country consider the high cost of road construction. "What's going to force this discussion is the recognition that we can't afford roads," says Pinellas Commissioner Steve Seibert. That's why he has asked the Pinellas Met- ropolitan Planning Organization to direct its staff to study whether existing rail lines can 'be converted to commuter use. Although money speaks the loudest, the cost should not be measured in just dollars and cents but also in the many ways high- ways tear the fabric of a community. They have divided neighborhoods, destroyed city centers and paved over landscape that could have been preserved, Like Hillsborough, Pinellas could use existing -racks that link Oldsmar, Safety Harbor, Clearwater and downtown St. Pe- tersburg. This route isn't the one planners would choose if they had the money to build an elevated monorail, But such a project would cost $1-billion or more. Advocating that is tantamount to opposing rail. Some- thing more realistic is needed. The Pinellas MPO should take Seibert's suggestion and begin studying use of existing lines. "I personally am very interested in it," Sei- bert said. Hillsborough already is well ahead of Pinellas in planning. A study, paid for by a group of Hillsborough businesses, identified 55 miles of existing tracks that could be used for commuter rail, The Hillsborough MPO will decide Tuesday whether to incor- porate rail into its long-range transporta- tion plan. It ought to say yes. An even more important decision comes Dec. 13 when Hillsborough. County com- missioners decide whether to defer low-pri- ority road projects and use the money for a detailed study, land acquisition and prelimi- nary designs. That may distress some peo- ple who want new roads, but it is the only way to start this long-delayed process. Hillsborough estimates that its 70-mile system -- 15 miles of new track and 55 miles of existing track --- could be up and operating within five years, at a cost of $308-million, or $4.4-million per mile. Those are probably optimistic projections. Even so, consider the alternative. Local transportation officials estimate that building all the roads needed to handle just. Hillsborough's needs through 2015 will cost $8.5-billion, Less than half of that money is available. One new highway, the Veterans Expressway, cost $332-million,, more than the entire commuter rail system is projected to cost, Those kinds of numbers ought to be enough to get elected officials serious about rail, But they are only part of the equation. "The key issue is to build the community support," said state Sen. John Grant, R- Carrollwood, State Rep. Jim ])Avis, D-Tam- pa, agreed. "We need to get more people focused on this," he said. Turanchik believes there is a well of public support for a rail system. 'Seibert agrees, but says there also are many people who have moved to this area from other parts of the country and they want nothing to do with rail, Building this system will require a com- munity consensus, partly because it will likely require a tax increase but also be- cause making it successful will require fun- damental changes in land use. In today's conservative times, raising taxes for any- thing is difficult, but to do so for a project whose benefits won't be realized for a generation will be especially daunting, Changing land-use patterns will be contro- versial in an area in which density is a dirty word. That doesn't mean it shouldn't be tried, It has been 50 years since Tampa ended its street car system and shifted the transpor- tation focus to cars. It will likely take another 50 years to reverse that shift. The cost will be high, but the price of doing nothing will be even higher. 10-Nation/World iC?2 1s /9r ED19'ORIAL? commuter rail plan on track "Democratic nations care but little for what has been, but they are haunted by vi- sions of what will be-" -- Alexis de Tocquevilie, 1835, A vision of a better Tampa Bay community brought 60 business and government leaders together in Tampa last week to hear Hillsbor- ough County Commissioner Ed Turanchik de- scribe how it can become reality, The Idea is to use self-propelled rail cars to link major neighborhoods, local attractions and business centers. The system is easily expand- able to include Pinellas, Pasco and Polk, and even Hernando, Manatee and Sarasota. As Turanchik showed slides and described the routes of the system, it became apparent that the plan had been fin@-tuned by ideas from all parts of the county. The main routes are largely dictated by existing rail rights of way, but specifics, such as a planned shopping plaza near one station, are bubbling up from the community, The momentum for the plan comes from a consensus rarely seen in Hillsborough politics. In Brandon; the site of a new restaurant recently was moved 75 feet to avoid blocking a future rail line. Most of the right of way for that line has been donated by landowners, al- though the county commission's vote on wheth- er to allocate money for the project won't come until Dec, 13. Already in dozens of com- munity meetings, residents have voiced strong support. The backing comes from chambers of commerce, bicyclists,* developers, students, neighborhood groups and now, very significant- ly, the state Department of Transportation, At the recent meeting, Democratic state Rep. Jim Davis spoke in favor of the plan, as did Republican state Sen. John Grant. Their comments prove there is nothing partisan about improving the climate for living, shop- ping and working. The group Turanchik invited to the session was as. good a cross-section of the economic development powers in the region as we have seen assembled for any purpose other than an awards banquet, And what also must be a first, they all seemed in agreement that this particu- lar rail project needs to be built. Someone asked a question about potential ridership. Part of the answer Is that detailed estimates will come from a study to be done before the project proceeds. But the more im- portant answer is that rail will be used to di- rect and enhance growth. Because this system is so inexpensive compared with similar pro- jects In similar cities, the rail cars need not be packed full In the first year of operation -- in 2000 or 2001 '--- for the system to pay huge dividends, Turanchik pointed out that Atlanta's rail line has attracted $3.5 billion in new develop- ment and Portland's 15-mile line has attracted $1.2 billion worth of growth. The Tampa area system will be about 70 miles long before ex• pansion Into neighboring counties. It can be built for about $308 million, which includes the rail cars, signals and stations. To put that figure in perspective, Turanchik told the group that improvements to the 1.275 and I-4 junction In downtown Tampa will cost $299 million a mile, Here's what we expect to happen next, To. day the Metropolitan Planning Organization will include the HARTrall plan in Its long- range schedule of transportation improve- ments, ON DEC. 13, the county commission will vote to pay for the study that is essential be- fore going ahead with so large a project. Com- missioners will also, we predict, delay an up- coming road-improvement project and divert the money.to the rail project, The public is haunted by a new vision-of how to shape and enhance its urban patterns of growth, Many farsighted people are deter- mined to make This project succeed. If you want to take a more active role, con• sider joining the Alliance for Modern Transit, P.O. Box 262794, Tampa 33685. You will be In good company. ?i liJ z z 0 z z V) ¦ V) w s m co ?I y A 0 ?F- tQ tea e_ N d I Z cr) 0 LN 0 H f. ?. w. ?? f 7 3 i x I 1, ti ._ - ,x yt a A C: -0 1-4 F ?? .r n C N w •--, t^ yVj cn O - .? C J? H J r r, n .? C? p4. r G f -.^ .22 .C7f • C_- z -z (:L) -cl N C. O R1 S -? O n. -V W E a; "3 XZ O v r- GJ 0 0 w= u ' r J t1 O a ? v v Cr ? O ? O y _ ? f • -,j ?.. .-. ? '--? r., v c .. v c c ? ?q c i3 y? ? C „p v GC Cl. 5OV t??d ^ -,9 73 o c~V 0 _5 :z 00 C) ". f w C cq V) b0' p 'L7 O [O p t4 w+ C~7 ,g Gp O C $ -- J n o u j a :? .. v b 5 o a .? c2 v Lf) C"z 0 V t? O O a3+ 1 + "? G cv y C7 C / . , . -^ J ?. v7 c^C . + V h 4! C F= d Q? •? ti R1 ++ .rl L• i rf r ' ?J .•" `" a ?y 004 O '? .,' V ?? co rg w d v LD 43 'c ? o .;, v v v *- c v •-- ,_. ? :?, y ca Rs v x »-? ? o ^• :.. ' c??J O A C?0 Q ro a? y tom-, x Q >+ O 73 p v c?T c r o 3 c o a o M cu b, a) a ?j L? n cv _ 0 cc G oo p x G ?. H = co CIO c4a? c?.?a.c E 2:§ ct =. 03_. ? o 03 - cz Ln L= -,o _ .? ?c aid c?o33 ??M ? = "=°yflc'- oi`'" O,? cv ?,.??? ?c•-. ?,?, o°V,c?c 3..,+, _o .boo= 0) (1 0 C: cn CS.- -6 c) 14 E= cn ,? «7 ?? ?? aQov nCV.33?0????nvUcl1 s GJ C) c3 'n WN`????va3ooo°.?wo? ° 4? cti 't7 Z Q• o v W ° A cs. N o ° aq3 ? "" ?' 8 a a w Y p U 00 o .G v U o a ? C ? 7 U C m a ? U v00 CO .04 a? m Zs a 3 c crj X c cn d UU J:, Why public supports commuter rail '114 .:Support for a commuter rail system in the Tampa area has grown strong from the grass roots up, and political leaders are taking bold steps to give the people what they so plainly want. . Thursday, the board of the Hillsborough Ar- ea,. Regional Translt Authority voted unani- musly to Include rail lines in the long-term transportation plan. Before now, there have been years of talk about rapid rail but no ac- tion. ..The HARTIIne vote endorses the specific plan to put self-propelled passenger cars on existing and little-used freight-train tracks. The project is being called HART-rail. Significantly, it is no surprise to anyone who has paid the slightest attention to local events since February, when county Commissioner Ed Turanchik Introduced details of the plan. He has made presentations to at least 50 different groups throughout the county. The plan has the support of a diverse and Increasingly enthusiastic crowd that includes business leaders, neighborhood activists, envi- ronmentalists, commuters and others who are fed up with the frustrations and hazards -of traffic. A recent telephone poll confirmed the depth of support for the rail concept. Almost half of the 600 people polled -- 48 percent -- support the rail project, and 13 percent more somewhat support it. This majority support comes without an advertising campaign or even a simple demonstration of the trains. Marketing consultant John N. Gobis of Rhode Island, who conducted the survey-for HARTIlne and Is a specialist in rail projects, says he found support for rail in Tampa to be "extraordinarily high." His polling sample was large enough to reduce the margin of error to 5 percent, so it Is obvious that a solid majority of local residents support a commuter rail line, no matter which way the error falls, What is most remarkable, though, is that 47 percent of those contacted said they knew all about the specific rail proposal that is still in the early discussion stages. The public knows about the plan because co many people are talking about it in so many places, public and private. Gobis finds that 10 percent say they do not support the plan and 23 percent want more information before making up their minds. The majority support for rail comes not be- cause of a fascination with railroads or a de- sire for this city to appear more cosmopolitan. The people are supporting it for the same rea- sons politicians are quickly lining up behind it; to reshape the way the metropolitan area grows, attract better jobs and stop the deterio- ration of neighborhoods, Of those polled, 71 percent believe HART- rail will improve the quality of life in the re- gion. They are right, and they have reason to celebrate, Something very, very good for the entire region finally has begun to roll. ACK BU THETAM-PAZ& TRIBUNE EDWIN ATCHER, Publisher ROBERTS. JR., 19be lzampa Time.5 Published by The Tribune Company 202 South Parker Street Tampa, Florida 33606-2395 Nov t 5, 1ggs FOUNDED IN 1895 Editorial Page Editor, AL HUTCH,tSON, Deputy Managing Editor KERMIT J. KAUFFMAN, Vice President. Business Manager JEFFREY GREEN, Advertising Director JIM HORTON, Circulation Director GREG STEWART, Production Director LLOYD DeFRANCE, Human Resources Director MICHAEL KILGORE, Promotion Director TED STASNEY, Research Director JIM GONNERING, Controller JOHN TRUFFA, Information Services Director 11A /70j?,J W)4 THE TAMPA TR IBUN E The not so little commish who could This Is pretty vexing. Hillsborough County Commissioner Ed Turanchik has come up with a good idea. No, make that a great Idea, Good grief! You know, Turanchik is a lot more en- joyable to write about when you can make fun of him. So. let's not make a habit of of this, OK Ed? Still you have to give Turanchik his due. Taking time out from fretting about shrubs and water tables. the commissioner has fi- nally made some progress toward the cre- ation of a countywide commuter rail sys- tem linking Port Tampa and the University of South Florida and Town 'N' Country and Plant City and Lutz and Bloomingdale and points in between. Still the project could be threatened. Af- ter all, it makes sense, For several years, Turanchik has been chug-chug-chugging along to whip up enthu- siasm for a commuter rail network for the area. But for the most part, his efforts have been met with a sort of pat on the head and a; "That's very nice Ed, now go away," from various movers and shakers. One reason for the Inertia had to do with cost estimates for a rail system reach- ing up to as much as $1.5 billion, which everyone knows Malcolm Glazer and the Bucs would have first dabs on anyway. Pedal cars? So the commissioner went back to the drawing board and came up with a plan calling for a 70-mile rail system that would rely upon mostly existing CSX track lines. And the cost for that, Turanchik has suggested. will be about $200 million, which seems a bit on the light side, but then again perhaps the commissioner Is contemplating using pedal cars for engines. so tar Turanchik has managed to fina- gle almost $70,000 from agencies and cor- porations to continue further feasibility studies for a commuter roll system. And Turanchik has predicted if the pro- ject ever actually got the go-ahead, we could be whizzing about on trains within three years, or just about the time the O.J. Simpson trial winds up. To be sure, commuter trains are some- thing of an acquired taste for a community so resolutely devoted to its cars. But for transplants from New York, Boston, Phila- delphia. Cleveland, Chicago and a few oth- er cities, the promise of someday traveling back and forth to work on a train is cause for euphoria. As well, a commuter line would begin to truly establish Tampa as a metropolitan city, providing a synergistic link between neighborhoods, business centers and tourist attractions such as the newly opened Flori- da Aquarium and Busch Gardens. So? Will it happen? Well the one thing the Turanchik plan has going for it is the unabashed support of Tampa Mayor Dick Greco, who got so ex- cited over the rail idea he even hugged himself. However Greco will have to go Into a hug-a-rama overdrive to wheedle money for the project out of various state and fed- eral transportation agencies to get the plan on track. Nothing, nothing, nothing While growing public and political sup- port for a Hillsborough commuter rail sys- tem is long overdue, the Turanchik plan also remains a vivid reminder of the con- tinued lip service given to the idea of culti- vating genuine Tampa Bay regionalism, For years there has been talk of a re- gional rail line linking Hillsborough and Pi- nellas Counties, which would serve to ease massive vehicular congestion. So far? Nothing. But there also has been talk of a region- al sports authority, a regional tourism au- thority and a regional aviation authority, too. So far? Nothing. Nothing. Nothing. There are too many vested Interests to be protected; too many political egos need- ing to be massaged; too much of a future left unfulfilled. In that sense, Ed Turanchik's commuter dream is more than simply a transportation project. It is a symbol of the potential for making regionalism actually work. If it suc- ceeds, It might encourage our neighbors across the bay to get on board. Either way, with a bit of luck and a lot of money, the train's leaving the station with them or without them, And much of the credit for that will go to the not-so-little commissioner who could, Ed "I think I can, I know I can" Turanchik. Now Ed. could you please go do some- thing really dumb? Please? This is embar- rassing. (f"11 Reach Daniel Ruth online on Prodigy at TRI80IB. On the Intorn©t at TRIBOIB o@. Prodigy.com. Or tax (813) 259.7676. Or call (813) 259-7599. BAVVIEW Daniel Ruth W F d d W U w O E? U N z F x a w A c7 F F w a ?a x F z w U s w 06 Z O a J O on O FM CD L. o o? W. CM) F- O Z JX J I-z UJ. rC Q N O W O Z Q Z Z 0 O cc p O U LL W O0 W O- O W U U_ W H N cc Qa Q W W J ? U a U. O= > CJ F- U W O' W O 0 s P 43I CI) • z O z P Z O C). a O o ° z CO) QQ LL O us w oC O CC c F W M v o z V r ? U C N Z a`) O° w O a E a7 a) 44 P r' E a? a Q= ?c LU m a? O Z N O ? W O m O? U m a = Q W O m 0 W U N o_ H g W F- a C b ? v m m U c ? m ? ? U O ? G N m O O c m O L CO .Q1 0 Cc m ? v] m m O L ? N tlf ` m O .0 c V c O 0 V O 0 •U a V N 3 C 'm O «• c? c m m 0 cr 0 .o m ? N 0 O .a v E c ? 0 0 OI CL co N L c ? w as ? s °f 0 •? m ? CL N N •C m m N CD a OD ? -0 m m? I fa 0 0 c h E L" O P 0 0 O '? U 0 cc Q O 07 Z W 2 W U 0 O \? U m ?• Z O1-- U J \ V W J Z LU J J w H v Z W 0 w H co LL W C7 O H 0 L,n O° C3 r- W C N J V W y m cc i3 f- oc H U J W U CC LA. 00 U > O V W W J F- LL 1a O C - s ' c ° a CC L c o CD 4, c m c. U m ` m c ms 3 A m t ID c U m O j C u c 0 U o `o 0 co v ?a o C C 2 A Ln m n O w cc ?V m .a U ? F fl + t .t LO °C N / ? (0 '. LLJ z 0 i J 1! h d O O M v 1 b w cr O o m ? a C Mi CLEARWATER CITY COMMISSION Agenda Cover Memorandum V(;, SUBJECT: Declaration of surplus real property for the purpose of exchanging. RECOMMENDATION/MOTION: Declare as surplus for the purpose of exchanging for other real property, the northerly 27.75 feet, more or less, of vacant City-owned property located at 1551 Gulf Boulevard on Sand Key, identified as Tax I.D. parcel # 19/29/15/00000/430/0100, as more particularly described in Exhibit "A", ® and that the appropriate officials be authorized to execute same. BACKGROUND: The City purchased the Sand Key parcel on December 17, 1992 using recreation impact fees generated by Sand Key development. The parcel contains 2.45 acres of upland and 1.35 acres of wetlands extending into Clearwater Harbor. The upland acreage will be developed by the City as a park and for public parking to support beach renourishment. A certified boundary survey, which was not available until the day following closing, revealed an encroachment of about one-half foot by a masonry addition to the Sand Key Condominium-South Bay ("Condo) recreation building overlapping the northeasterly boundary of the property. Additionally, the remainder of the northerly property boundary, extending eastward from Gulf Boulevard runs immediately adjacent to the Condo recreation center driveway entrance. In the event the City would erect a fence along this property line, it would create both a visual and, possibly, a safety concern for the condominium owners. To ameliorate all of the above described concerns, City staff and Condo officials propose to exchange equal upland parcels of equal value, each being approximately 3,057 square feet in size, as depicted in Exhibit "B". Upon completing the transaction the City would benefit by owning a more workable rectangular parcel with a straight east-west northerly boundary. The Condo would no longer encroach on City-owned property and Condo ownership would move approximately 27.75 south and away from the driveway entrance to its recreation center. This City-owned parcel is believed to be equal in value to the Condo parcel proposed for the exchange. The value determination is based on the City's appraisal obtained at time of purchase, and still believed to relevant for the purposes of the proposed property exchange. Legal' Budget N/A Purchasing N/A Risk Mgmt. N/A IS N/A ACM II ENG. I Y OTHER N/A SuUnitted by: _ City Manager/ 1 V SnndKoyX.Arrn Originating D t. ' Engineeri 1 user Dept. Parks and Recr at'olX n tised: Date: i Paper: Tampa Tribune i Not required , Affected parties not i f i ed ' 1 Not required X ' j Costs: N/A (Current FY) Funding Source: Capt. Imp. , i Operating Other Item # Meeting Date CO(MiSSiOn Action Approved Approved w/conditions Denied Cont' d to Appropriation Code(s) ' Attachments: ' ,Legal Description (Exhibit "A") { ;Depiction of proposed property i ;exchange (Exhibit 118" , i r I Di=IT "A" LEGAL DESCRIP'T'ION (City-owned property on Sand Key to be declared surplus) THE NORTHERLY 27.75 FEET, MORE OR LESS, OF THE FOLLOWING DESCRIBED PARCEL SITUATE IN SECTION 19, TOWNSHIP 29 SOUTH, RANGE 15 EAST, PINELLAS COUNTY, FLORIDA: BEGIN AT THE NORTHWEST CORNER OF HARBOR CONDOMINIUM AND THE EAST RIGHT OF WAY LINE OF GULF BOULEVARD; THENCE NORTHEASTERLY ALONG THE RIGHT OF WAY LINE 630 FEET TO THE SOUTHWEST CORNER OF SAND KEY CONDOMINIUM - SOUTH BAY, 1501 GULF BOULEVARD; THENCE SOUTH 670 EAST, 96.52 FEET; THENCE SOUTH 200 EAST, 147 FEET; THENCE SOUTH 690 EAST, 180 FEET; THENCE SOUTHWESTERLY ALONG THE MEAN HIGH WATER LINE 510 FEET; THENCE WEST ALONG THE NORTH LINE OF HARBOR CONDOMINIUM, 234.69 FEET TO THE POINT OF BEGINNING, AND SUBMERGED LAND. ' CONTAINING 3.55 ACRES, MORE OR LESS. (ACTUAL DESCRIPTION OF PROPERTY TO BE CONVEYED SHALL BE CONFIRMED AND CERTIFIED BY FIELD SURVEY) EHIMTT "D" LOCATOR MAP (Proposed Sand Key Property Exchange) f JOO 1`7 ass, ?., VO (},b 1 2 3 4 5 6 7 8 9 10 11 1 1 15 16 1 1 1 o21 2 N ^ w N Q N ev N h CO C N Q r0 CO o w w w^ .. w w w .. A .. w . . .'. .'. .'. .R. w i . J C') 0 h g w C 0 A *) W) A A w w Q1 .. w C7 Y1 w O) 0 0 A ti w w ^ ^ A 73 72 71 0 9 68 6 7 g s + 3 82 e1 0 9 58 57 56 55 4 3 2 1 SO 9 e I 4 ? s?s 1 1 / 66 65 64 63 62 61 60 59 58 57 56 55 54 M? Item # CLEARWATER CITY COMMISSION Meeting Date, Agenda Cover Memorandum TfAE EIN SUBJECT: Exchange of real property on Sand Key. RECOMMENDATION/MOTION: Approve a Contract For Exchange of Property with Clearwater Key Association - South Bay, Inc. lying in Section 19, Township 29 South, Range 15 East, each parcel to be exchanged being more particularly described in Exhibit "A" and depicted in Exhibit "B" of said contract, each having an equal estimated value of $34,475, and pay for an environmental audit, survey update, title insurance and closing expenses estimated at $3,575, for a total cost of $3,575, ® and that the appropriate officials be authorized to execute same. BACKGROUND: The City purchased property on Sand Key from Anthony Petraca on December 17, 1992 using recreation impact fees generated by Sand Key development. The parcel contains 2.45 acres of upland and 1.35 acres of wetlands extending into Clearwater Harbor. The upland acreage will be developed by the City as a park and public parking to support beach rencurishment. A certified boundary survey, which was not completed until the day following closing, revealed an encroachment of about one-half foot by a masonry addition to the Sand Key Condominium - South Bay ("Condo") recreation building along the northeasterly boundary of the City purchase. Additionally, the northerly boundary of the City purchase extending easterly from Gulf Boulevard runs immediately adjacent to the Condo recreation center driveway entrance. In the event the City would erect a fence along this property line, it would create both a visual and, possibly, safety concern for the condominium owners. To ameliorate all of the above described concerns, Condo officials have agreed to exchange a triangular parcel bounded by the Condo's easterly seawall to the City in exchange for an equal parcel of City land approximately 27.75 feet in width that fronts on Gulf Boulevard. Based on appraisal calculations performed by James M. Millspaugh, MAI, in 1990, each parcel containing approximately 3,058 square feet could support development of 1.97 condominium units. Market evidence at that time indicated developers were paying approximately $17,500 per buildable unit. It is therefore calculated that the value of each parcel equals approximately $34,475 and can be reasonably exchanged without additional consideration from either party. j (continued) Reviewed by: Legal Budget Purchasing N/A Risk Mgmt. N/A IS N/A ACM i i ENG. i OTHER i Submitted by: City Mana? originati Engine User D Parks Date: Paper: Not required Affected parties notified X Not required X i Costs: $3,575 i (Current FY) $3.575 i 1 Funding Source: i Capt. Imp. i operating i i other X Appropriation Code(s) i 142-00000-343963-000 Commission Action Approved Approved w/conditions Denied Cont'd to Attachments: Property Exchange Agreement with Exhibits "All and "B" attached Locator Map SanKeyXc.Agn Page 2 - Agenda Cover Memorandum Re: Sand Key Property Exchange The exposed seawall of the parcel the City would receive in the exchange has been visually inspected by structural engineer Glenn Myers of PBS&J. Mr. Myers reports the approximate 40 feet of seawall that is visible above ground level appears to be in generally good condition. There is one 10 inch diameter tree adjacent to the wall that may cause damage in a major storm event. The City would benefit in the exchange by owning a more workable rectangular parcel for development as a park and parking facility. The recreation building encroachment would no longer exist, and the Condo would enjoy safer access to its facilities. The available balance in the Special Development Fund (Recreation Facility Impact Fees) 142-00000-343963-000 is sufficient to provide funding for this transaction. CONTRACT FOR EXCHANGE OF PROPERTY THIS CONTRACT is mad/ and entered into as of the day of t1-3t lK, Mvf?_ 199 by and between the CITY OF CLEARWATER, FLORIDA, a Florida municipality, 112 South Osceola Avenue, Clearwater, F1. 34616 (hereinafter referred to as the "City"), and CLEARWATER KEY ASSOCIATION - SOUTH BAY, INC. , a corporation not for profit, organized and existing under the laws of the State of Florida, 1501 Gulf Boulevard, Suite 306, Clearwater, F1. 34630 (hereinafter referred to as "South Bay"), for the purpose of effecting a tax-free exchange of real property in conformity with Section 1031, United States Internal Revenue Code, of two parcels of land situate in Pinellas County, Florida, as described herein. THE PARTIES HERETO AGREE AS FOLLOWS: 1. Exchange of Property. CITY shall convey title to certain real property referred to as PARCEL 1 which is described in Exhibit "A" to this agreement to SOUTH BAY in fee simple absolute. SOUTH BAY shall convey title to certain real property referred to as PARCEL 2 which is described in Exhibit "B" to this agreement to CITY in fee simple absolute. Both parcels will be conveyed subject only to zoning restrictions and prohibitions or other requirements imposed by governmental authority including utility easements of record. The conveyance of each parcel shall constitute full consideration for the conveyance of the other parcel. 2. Definitions. In this Contract, "Seller" shall mean the CITY with respect to Parcel 1, and SOUTH BAY with respect to Parcel 2. "Purchaser" shall mean SOUTH BAY with respect to Parcel 1, and the CITY with respect to Parcel 2. These terms are used for convenience and do not imply the payment of any "boot" or compensation other than conveyance of real property in exchange for real property. 3. Legal Descriptions. The legal descriptions of the properties being exchanged between the parties are described as follows: (a) PARCEL 1: The northerly 27.75 feet (MOL) of that certain parcel being identified as Pinellas County Tax I. D. # 19/29/15/00000/430/0100, as more particularly described in Exhibit "A" attached hereto and made a part hereof. Page 1 of 7 (b) PARCEL 2: The southerly 82.68 fee (MOL) of that certain parcel being identified a Pinellas County Tax I. D. # 19/29/15/78643/000/0000, as more particularly described in Exhibit "A" attached hereto and made a part hereof. The actual legal descriptions of the parcels to be exchanged shall be determined by boundary surveys to be performed by Cumby & Fair, Inc. in conformity with the minimum technical standards of Chapter 61G17-6, Florida Administrative Code, and certified to each of the parties, to the closing agent and to the title insurance underwriter providing title insurance as defined in Paragraph 7 hereof. 4. Purchase Price. It is mutually agreed that each parcel to be conveyed is valued at $34,475.00, conveyance of which shall constitute full and sufficient consideration for the conveyance of the other parcel. 5. Commission Approval. Following execution of this contract by SOUTH BAY, this agreement shall be held unconditionally open for acceptance and approval by the Clearwater City Commission for 45 days following receipt in the offices of the City of Clearwater, Engineering Department, P. O. Box 4748, Clearwater, Florida 34618-4748. Unless this contract is approved and accepted by the City Commission within said 45 days and written notice of the approval and acceptance delivered to SOUTH BAY within 60 days following receipt by the aforesaid Engineering Department, SOUTH BAY may at its sole option and discretion terminate this agreement whereupon each party shall be relieved of all further obligations hereunder. 6. Closing Date. This transaction shall be closed and the deeds and other closing papers delivered no later than 90 days after approval of this contract by the Clearwater City Commission, unless extended by other provisions of this contract. 7. Title Evidence. Each party agrees to purchase at closing, at its expense, an ALTA Form "B" title insurance policy from a reputable Florida- licensed title insurance firm, and to deliver to the other party not less than ten days prior to closing, a commitment for title insurance in the amount of $34,475.00 , which commitment shall show a marketable, unencumbered fee simple title to the parcel in the Seller thereof, subject only to liens, encumbrances, exceptions or qualifications set forth in this contract, and those which shall be discharged by the Seller at or before closing. The Purchaser shall have not less than seven days after delivery of the title Page 2 of 7 commitment for the examination thereof, and within said period shall notify the Seller in writing of any objections to the title. If this notification is not given, at least three days prior to closing, then said title shall be conclusively deemed to be acceptable to the Purchaser as to any defects revealed in the commitment. In the event that the title of the Seller is not good and marketable, the Seller shall have a reasonable time thereafter, but not more than 120 days from receipt of notice from the Purchaser, to make a diligent effort to perfect the title; and if the defects are not cured within such time, the objecting Purchaser may either cancel this contract whereupon each party shall be relieved of all further obligations hereunder, or may waive the defects and accept the property without deduction on account of said defects. is an acceptable title insurance company for purposes of this Paragraph. 8. Right of Entry. The parties hereto consent to granting each other the right of entry upon the property of the other to make measurements, surveys, conduct engineering tests, and otherwise make such physical inspections and analyses thereof as the respective parties shall deem necessary. The respective entering party assumes all risks of such entry and agrees to indemnify and hold harmless the other party from and against any claims, cost and expense resulting from any damages to or destruction of the other's property, and any injury to or death of any persons arising from the acts or omissions of the respective party, its employees, contractors or agents, in exercising this right of entry, subject to any defense or limitation available to the City pursuant to Section 768.28, Florida Statutes. 9. Survey. Within the time allowed for delivery of the title insurance commitments, each parcel shall be surveyed by Cumby & Fair, Inc., consulting civil engineers and registered Florida land surveyor. The costs thereof shall be born by SOUTH BAY for Parcel 1 and by the CITY for Parcel 2. It is intended that each parcel shall contain approximately 3,057 square feet, more or less, and be configured approximately as depicted in Exhibit "B" attached hereto. The northerly boundary of Parcel 1 shall be calculated 27.75 feet, more or less, southerly of its most northerly existing limit, and the southern most point of Parcel 2 established at the seawall shall be calculated 82.68 feet, more or less, northerly, of its present existing location, for the express purpose of creating two parcels of equal square footage, more or less. For purposes of closing the intended transactions, the legal descriptions of each parcel shall be as determined by said surveys. If surveys show any encroachment on a parcel, or if improvements located on a parcel in fact encroach on the setback lines, easements, lands of others, or violate any restrictions, contract covenants or applicable governmental regulations, the same shall be treated as a title defect. Page 3 of 7 10. Environmental Audits. (a) It is mutually agreed between the parties that prior to closing each shall have the option, at its expense, to perform any environmental investigation (s) it deems necessary of the parcel in which it will receive title at time of closing, along with the sole right to review and approve the report(s) of such investigation(s). Should either party find that the environmental investigation(s), and resulting report(s), provide evidence of environmental contamination or the presence of hazardous waste present in levels exceeding current acceptable limits as determined by the Florida Department of Environmental Protection (DEP), that party may provide the other with written notice of such evidence, whereupon the other party may either elect to remedy the contamination or hazardous waste, or the notifying party may withdraw from this agreement, whereupon both parties shall be released from any further obligations hereunder, and this agreement shall thereafter be null and void in all respects. (b) The parties further agree that should closing occur of the transactions anticipated herein, the environmental condition of the respective parcels as documented by the written report(s) of any environmental investigation (s) undertaken are fully acceptable to the purchaser of each parcel in all respects, and each purchaser agrees to take title to the respective parcel being exchanged without any further regard to the environmental condition as established by such assessment report(s). However, in no event shall either party be deemed to have waived any rights as to any environmental condition not expressly disclosed in said report (s) . 11. Costs. The CITY agrees to pay for the documentary stamps to be placed on the warranty deed and the costs of recording the same for Parcel 1. SOUTH BAY agrees to pay for documentary stamps to be placed on the warranty deed and the costs for recording the same for Parcel 2. 12. Documents For Closing. With respect to each parcel, the Seller thereof shall furnish the deed, mechanic's lien affidavit and any corrective instruments that may be required in connection with perfecting the title thereto. 13. Conveyance. As to each parcel, the Seller thereof shall convey title to the parcel by a statutory warranty deed, subject only to zoning, restrictions, prohibitions and other requirements imposed by governmental authority, and public utility easements of record; provided, however, that there exists at closing no violation of the foregoing. Page 4 of 7 14. Contract Nat Recordable; Persons Bounds Notice. Neither this contract nor any notice thereof shall be recorded in any public records, except as may be required of the CITY to comply with Chapter 119, Florida Sta tute.s . This contract shall bind and inure to the benefit of the parties hereto and their successors in interest. Any notice given by one party to the other in connection with this contract shall be in writing, either personally delivered, or sent via U.S. mail, with postage prepaid: If to the CITY: If to SOUTH BAY: City Attorney City of Clearwater P. O. Box 4748 Clearwater, F1. 34618-4748 President Clearwater Key Association - South Bay, Inc. 1501 Gulf Blvd., Suite 705 Clearwater, F1. 34630 Either party at any time may give written notice to the other of any changes of authority to receive Notice, and such notification shall be effective upon receipt by the other party. 15. 2-00UPancy_ As to each parcel and subject to the other provisions of this Contraot, the Seller thereof warrants to the other that there are no parties in occupancy other than the Seller, and that the Seller agrees to deliver occupancy of the parcel at the time of closing. 16. Nonassi„nability. Neither party may 'hereunder. 17. No Brokers. assign this contract or any rights Each party affirmatively represents to the other party that no brokers have been involved in this transaction and that no broker is entitled to payment of a real estate commission, or any other party entitled to a finders fee related to this transaction. 18. Reservation Of certain Mineral Rights._ The reservation of mineral rights (including petroleum) provided for by Section 270.11, Florida Statutes is released by CITY as to Parcel 1. The parties agree that this release is justified because the size of the parcel is less than 20 contiguous acres, there is little likelihood of the presence of any of the minerals or petroleum contemplated by Section 270.11, Florida Statutes on or under the property and the present developed state Page 5 of 7 of the property combined with future development plans make the reservation and/or exercise of the rights impractical. 19. Properties Transfer "AS IS"; Warranties. Except as noted elsewhere in this contract, the CITY shall take title to Parcel 2, and SOUTH BAY shall take title to Parcel 1, strictly in "AS IS" condition as of the date of this contract, normal wear and tear excepted. The parties warrant each to the other that there are no facts known to them that materially affect the value or desirability of the Real Property each shall transfer to the other which are not readily observable to the purchaser, or which have not been disclosed by the seller. 20. Radon Gas. Notice to the respective Buyers. Radon is a naturally occurring radioactive gas, that when it has accumulated in a building in sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of Radon that exceed federal and state guidelines have been found in buildings in Florida. Additional information regarding radon and radon testing may be obtained from your county public health unit. Pursuant to Section 404.056(8), Florida Statutes. 21. Arbitration Any controversy or claim arising out of or relating to this contract, or the breach thereof, shall be settled by neutral binding arbitration in Pinellas County, Florida, in accordance with the rules of the American Arbitration Association and not by any court action except as provided by Florida law for judicial review of arbitration proceedings. Any court having appropriate jurisdiction may enter judgement upon the award rendered by the arbitrator (s) . Filing a judicial action to enable the recording of a notice of pending action, for order of attachment, receivership, injunction or other provisional remedies shall not constitute a waiver of the right to arbitrate under this paragraph. Any claims or disputes with or against real estate agents participating in this transaction shall be submitted to arbitration under this provision only with the written consent and joinder of the agent's Broker. In connection with any arbitration or litigation between the parties, the prevailing party shall be entitled to recover all fees, costs and expenses, including reasonable attorney's fees, arbitrators' fees and administrative fees of arbitration. 22. Other Agreements. No prior or present agreements or binding upon either party unless incluc modification or change in this contract upon the parties unless in writing and parties to be bound thereby. representations shall be led in this contract. No shall be valid or binding executed by the party or Page 6 of 7 23. Time of the Essence. Time is of the essence of this Contract. Any time period provided for herein may be extended by the written mutual consent of the parties. N 4 J ?.? S ?/ Date: WITNESSES: Print name/V.44/6- L4 Bftfjf, cxo Pg nt name _ (,)/ / ,1 ?_ ci ?1-t F?rf; APPROVED AND ACCEPTED as written. Countersigned: Rita Garvey Mayor-Commissioner Approved as to form and correctness: John C. Carassas Assistant City Attorney Atte t: y Ann Balderes ecretary/Director of the day and date first above .CITY OF CLEARWATER, FLORIDA By: Elizabeth M. Deptula City Manager Attest: Cynthia E. Goudeau City Clerk Page 7 of 7 CLEARWATER BAY ASSOCIATION - SOUTH BAY, INC. Exhibit "A" LEGAL DESCRIPTIONS (Contract For Exchange of Property between the City of Clearwater, Florida and Clearwater Key Association - South Bay, Inc.) PARCEL 1: The northerly 27.75 feet (MOL) of the following described parcel situate in section 19, Township 29 South, Range 15 East, Pinellas County, Florida: Begin at the Northwest corner of Harbour Condominium and the East right of way line of Gulf Boulevard; thence Northeasterly along the right of way line 630 feet to the Southwest corner of Sand Key Condominium - South Bay, 1501 Gulf Boulevard; thence South 670 East, 96.52 feet; thence South 200 East, 147 feet; thence South 690 East, 180 feet; thence Southwesterly along the Mean High Water Line 510 feet; thence West along the North line of Harbor Condominium, 234.69 feet to the POINT OF BEGINNING, and submerged land. Containing 3.55 Acres, more or less. PARCEL 2: The southerly 82.68 feet (MOL) of the following described parcel situate in Section 19, Township 29 South, Range 15 East, Pinellas County, Florida: Sand Key Condominium - South Bay (recreation area). Begin at the Southwest corner of said condominium; thence North 60 feet; thence East 70.74 feet; thence Northeasterly 61.49 feet; thence Southeasterly 19 feet; thence Northeasterly 86.64 feet to the face of a concrete seawall; thence Southeasterly 155 feet to the Mean High Water Line; thence Southerly along said line to a point in the most southeasterly corner of said condominium; thence Westerly, 180 feet; thence North- westerly, 147 feet; thence Westerly 96.52 feet to the POINT OF BEGINNING, said land being the Recreation Area of said condominium. Containing 1.45 Acres, more or less. 'b ?? ? LOCSIOR MAP CotAD .520 -94 0 AA 7 DECLED TO B1 S URPI 66 43/02 Sso CABANA ?CLUB CONDO BLM I+>4s I -,-77-42 _? cCG 34/011 ysyoF/ .6po loo -Ise RIM, AT GO (?? 1 2 3 4 5 67 8 9 10 11 1 1 15 16 11 0 21 2i co 2 -v- to QD N V H ? ¢ N ' to N a tp G,. w w ? w A w ^ w ? ^ w I C.) t, 0 0,, 0 cv) w s .. N to lo 0 O 73 72 71 o 9 68 67 6 y 34 -) 52 61 o 9 58 7 56 55 4 3 2 1 50 9 e I 4 66 16'5 S4 63162161 ]50159158] 57 561551541 AG N DA DATE 3i= !Y-c ITEEM #_/O_ •,? Item # Meeting Date: Clearwater City Commission ?s o Agenda Cover Memorandum SUBJECT: Land Development Code Amendment - Amending Permitted and Conditional Uses. (LDCA 95-12) RECOMMENDATION/MOTION: Approve Land Development Code Amendment revising the use provisions of the Zoning Regulations and pass Ordinance No. 5884-95 on first reading. ? and that the appropriate officials be authorized to execute same. BACKGROUND: In the interest of streamlining development procedures and easing the regulatory process for developers and citizens, staff reviewed the list of conditional uses in each zoning district with an eye toward identifying uses that could be reclassified as permitted without adversely affecting neighborhoods or neighboring properties. As a result of this review, staff recommends reclassifying many uses in many zoning districts. Most of the uses which are proposed to be reclassified are conditional uses being changed to permitted uses. However, two uses, child day care and outdoor retail sales are proposed to be added as conditional uses in selected zones where there is currently no provision for these uses. No changes are proposed in this ordinance to the urban center district. The changes reflected in the draft ordinance are summarized in the attached tables. On December 5, 1995, the Planning and Zoning Board reviewed the draft ordinance and recommended approval subject to leaving professional offices a conditional use within resort commercial zones and, on page 21 of the ordinance (section 40.504), changing the word "permitted" to "allowed." The revisions recommended by the Planning and Zoning Board have been made to the draft ordinance and the summary tables. Reviewed by: Originating Dept: Costs: S N/A Commission Action: Legal L?-5 CENTRAL PERMITTING Total ? Approved Budget N/A ? Approved w/conditions Purchasing N/A $ Risk Mgmt. NIA User Dept: Current Fiscal Yr. ? Denied cis N/A ? Continued to: ACM d C Funding Source: Other N/A ? Capital Imp. Advertised: ? Operating Attachments: Date: ? Other ORDINANCE Paper: TABLES (4) R d ® N i equ ot re Submitted by: Affected Parties ? None ? Notified Appropriation Code- . Cisy Gage ® Not Required riot Printed on recycled paper PROPOSED USE CHANGES IN RESIDENTIAL AND OFFICE ZONING DISTRICTS RESIDENTIAL AND OFFICE ZONING DISTRICTS USES RM 16 RM 20 RM 24 RM 28 OL OG Adult day care C--NP C--PP Art galleries C,*P C-3-P Commercial or trade schools C-;0P C--0?P Nursing homes I CAP CAP _ _ i C- P C->P C--?P C-j?P Legend: Zoning Districts: RM 16 = Multiple Family Residential 16 RM 20 = Multiple Family Residential 20 RM 24 = Multiple Family Residential 24 RM 28 = Multiple Family Residential 28 OL = Limited Office OG = General Office Use Designation: C->P = Conditional Use changed to Permitted Use PROPOSED USE CHANGES IN COMMERCIAL ZONING DISTRICTS COMMERCIAL ZONING DISTRICTS USES CN CB CR CR CG CI CH CC 24 28 Art galleries or X-?.P studios Business services CaP Child day care X-*C x-;'.C Commercial or X-?P trade school Commercial parking C--).P C-->P C-?P lots Multiple-family X-.).P dwellings Outdoor retail X-3.C sales, displays and/or storage Transportation C4P C--)..p c4j?P stations Legend: Zoning Districts: CN = Neighborhood Commercial CB = Beach Commercial CR 24 = Resort Commercial 24 CR 28 = Resort Commercial 28 CG = General Commercial CI = Inf ill Commercial CH = Highway Commercial CC = Commercial Center Use Designations: C-->P = Conditional Use changed to Permitted Use X--),C = Prohibited Use changed to Conditional Use X--?,P = Prohibited Use changed to Permitted Use PROPOSED USE CHANGES IN DOWNTOWN ZONING DISTRICTS DOWNTOWN ZONING DISTRICTS USES D/MU UC (B) , UC (C) , UC (EC) and UC (T) Bed and X-.1C breakfast inns Business C-XP services Personal C-?P services Single-family X--VP. dwellings No change Three-family X-.%P dwellings Townhouses X-*P: Transportation C4P. stations Two-family X-*P dwellings Legend: zoning Districts: D/MU = UC (B) UC (C) UC (EC) UC (T) Downtown/Mixed Use Urban Center (Bayf rout ) Urban Center (Core) Urban Center (Eastern Corridor) Urban Center (Transition) Use Designation: CaP = Conditional Use changed to Permitted Use X-?C = Prohibited Use changed to Conditional Use X-->P = Prohibited Use changed to Permitted Use PROPOSED USE CHANGES IN RESEARCH AND DEVELOPMENT, PUBLIC/SEMIPUBLIC, AND OPEN SPACE ZONING DISTRICTS RESEARCH & DEV'T, PUBLIC/SEMIPUBLIC, USES AND OPEN SPACE ZONING DISTRICTS RD P/SP OS/R Adult day care C-)'P Business C-),P services Commercial C-1P parking lots Hotels/motels C-yP Nursing homes C-4-P., Personal C->P services Restaurants C-?P Restaurants and C-?P indoor retail sales in conjuction with golf courses and recreation complexes Transportation C4P stations Legend: Zoning Di RD P/SP OS/R stricts: Research, Development and Office Park = Public/Semipublic = Open Space/Recreation Use Designation: C--),P = Conditional Use changed to Permitted Use ORDINANCE NO. AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, RELATING TO THE LAND DEVELOPMENT CODE; AMENDING SECTION 35. 11, CODE OF ORDINANCES, TO DEFINE "VEHICLE SALES," AND AMENDING CHAPTERS 40 AND 41 TO CLARIFY THE PERMITTED USES IN SECTIONS 40.163, 40.1643 40.183, 40.1843 40.203, 40.204, 40.223, 40.224, 40.283, 40,284, 40.285, 40.303, 40.304, 40.305, 40.323, 40.324, 40.343, 40.344, 40.345, 40.3643 40.365, 40.366, 40.383, 40.384, 40.385, 40.403, 40.404, 40.405, 40.423, 40.424, 40.425, 40.433, 40.434, 40.435, 40.443, 40.444, 40.445, 40.463, 40.464, 40.473, 40.474, 40.475, 40.504, 40.523, 40.5249 40.543, 40.544, 40.545, 40.563, 40.564, 41.053, AND 41.161, CODE OF ORDINANCES, TO MAKE THE FOLLOWING USES PERMITTED WITHIN THE FOLLOWING DISTRICTS: ADULT DAY CARE WITHIN LIMITED OFFICE, GENERAL OFFICE AND PUBLIC/SEMIPUBLIC DISTRICTS, ART GALLERIES/STUDIOS WITHIN LIMITED OFFICE, GENERAL OFFICE AND NEIGHBORHOOD COMMERCIAL DISTRICTS, BUSINESS SERVICES WITHIN NEIGHBORHOOD COMMERCIAL, DOWNTOWN/MIXED USE AND RESEARCH, DEVELOPMENT AND OFFICE PARK DISTRICTS, COMMERCIAL OR TRADE SCHOOLS WITHIN LIMITED OFFICE, GENERAL OFFICE AND COMMERCIAL CENTER DISTRICTS, COMMERCIAL PARKING LOTS WITHIN BEACH COMMERCIAL, RESORT COMMERCIAL 24, RESORT COMMERCIAL 28 AND PUBLIC/SEMIPUBLIC DISTRICTS, DETACHED SINGLE-FAMILY DWELLINGS WITHIN DOWNTOWN/MIXED USE DISTRICTS, HOTELS/MOTELS WITHIN RESEARCH, DEVELOPMENT AND OFFICE PARK DISTRICTS, MULTIPLE FAMILY DWELLINGS WITHIN BEACH COMMERCIAL DISTRICTS, NURSING HOMES WITHIN MULTIPLE FAMILY RESIDENTIAL 16, MULTIPLE FAMILY RESIDENTIAL 20, MULTIPLE FAMILY RESIDENTIAL 24, MULTIPLE FAMILY RESIDENTIAL 28, LIlV 1TED OFFICE, GENERAL OFFICE, AND PUBLIC/SEMIPUBLIC DISTRICTS, PERSONAL SERVICES WITHIN RESEARCH, DEVELOPMENT AND OFFICE PARK AND DOWNTOWN/MIXED USE DISTRICTS, RESTAURANTS WITHIN RESEARCH, DEVELOPMENT AND OFFICE PARK DISTRICTS, RESTAURANTS, INDOOR RETAIL SALES AND CONCESSIONS IN CONJUNCTION WITH GOLF COURSES AND RECREATIONAL COMPLEXES, AND USES OF PUBLIC LAND AND FACILITIES APPROVED BY THE CITY COMMISSION WITHIN OPEN SPACE/RECREATION DISTRICTS, TOWNHOUSES, TWO FAMILY DWELLINGS AND THREE FAMILY DWELLINGS WITHIN DOWNTOWN/MIXED USE DISTRICTS, AND TRANSPORTATION STATIONS WITHIN GENERAL COMMERCIAL, HIGHWAY COMMERCIAL, INFILL COMMERCIAL, DOWNTOWN/MIXED USE, AND PUBLIC/SEMIPUBLIC DISTRICTS; TO MAKE BED AND BREAKFAST INNS A CONDITIONAL USE WITHIN DOWNTOWN/MIXED USE DISTRICTS; TO MAKE OUTDOOR RETAIL SALES, DISPLAYS AND/OR STORAGE A CONDITIONAL USE WITHIN NEIGHBORHOOD COMMERCIAL DISTRICTS; TO MAKE CHILD DAY CARE A CONDITIONAL USE WIT EN GENERAL COMMERCIAL AND HIGHWAY COMMERCIAL DISTRICTS; TO MAKE HOME OCCUPATIONS PERIVIITTED WHERE FOUR OR MORE EMPLOYEES ARE INVOLVED AND THE OCCUPATION IS A SERVICE CONDUCTED AWAY FROM THE HOME; PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: Section 1. Sections 35.11, 40.163, 40.164, 40.183, 40.1842 40.203, 40.2049 40.2239 40.224, 40.283, 40.284, 40.285, 40.303, 40.304, 40.305, 40.323, 40.324, 40.343, 40.3449 40.345, 40.364, 40.365, 40.366, 40.383, 40.384, 40.385, 40.403, 40.404, 40.405, 40.423, 40.424, 40.425, 40.433, 40.4349 40.435, 40.443, 40.444, 40.445, 40.463, 40.464, 40.473, 40.474, 40.475, 40.504, 40.523, 40.524, 40.543, 40.5449 40.545, 40.563, 40.564, 41.053, and 41.161, Code of Ordinances, are amended to read: Sec. 35.11. Definitions. Outdoor retail sales, displays and/or storage means any use of property which involves the sale, leasing, display or storage of commodities, goods, materials or equipment in a location other than in an enclosed building. This term shall exclude vehicle sales, which is separately defined. Vehicle sales means a business or commercial activity in, volvin_g..the display or sale of automobiles, trucks boats and marine vessels recreational vehicles, heavvyequipment, mobile homes, and like vehicular or transport mechanisms. 2 -1 M See. 40.163. Permitted uses. Within multiple-family residential 16 districts, only the following uses and structures designed for such uses shall be permitted: (8) Nursing homes: " sefy uses. fM Accessory uses. Sec. 40.164. Conditional uses. Within multiple-family residential 16 districts, the following uses may be allowed as conditional uses: `5,6) Utility facilities;- Bed and breakfast inns. Sec. 40.183. Permitted uses. Within multiple-family residential 20 districts, only the following uses and structures designed for such uses shall be permitted: * * (8) Nursing homes; Aeeessery uses. ,(.9) Agcessory uses. Sec. 40.184. Conditional uses. Within multiple-family residential 20 districts, the following uses may be allowed as conditional uses: 3 i (56) Utility facilities;.- (¢? Bed and breakfast inns. Sec. 40.203. Permitted uses. Within multiple-family residential 24 districts, only the following uses and structures designed for such uses shall be permitted: (8) Nursing homes: Aeeessefy uses. j Accessorv? uses. Sec. 40.204. Conditional uses. I Within multiple-family residential 24 districts, the following uses may be allowed as ! conditional uses: ` 1.11 (56) Utility facilities;: Bed and breakfast inns. Sec. 40.223. Permitted uses. Within multiple-family residential 28 districts, only the following uses and structures designed for such uses shall be permitted: (8) Nursing homes: Aeeessefy uses. 4 0 Accessory uses. Sec. 40.224. Conditional uses. Within multiple-family residential 28 districts, the following uses may be allowed as conditional uses: (56) Utility facilities;.. Bed and breakfast inns. Sec. 40.283. Permitted uses. Within limited office districts, only the following uses and structures designed for such uses shall be permitted: (10) Nursing homes: Aeeessery ases. LUI Commercial or trade schools: ,L2 Art galleries/ studios: f U3 Adult day care; t LU4 Accessory uses. i { Sec. 40.284. Conditional uses. i Within limited office districts, the following uses may be allowed as conditional uses: (6-7) Child day care; 1 5 (79) Noncommercial parking; ($49) Residential shelters; (41) Aft gaHer-ie9isWdi&s-;- (914) Utility facilities; (1Q-13)Personal services. (14) Adult &y eafe. Sec. 40.285. Use limitations. The following use limitations shall apply to limited office districts: L8J Commercial and trade schools shall have all instructional _areas within an enclosed building and all teaching shall be conducted indoors. Art galleries/ studios shall have all activities conducted indoors. (108) Accessory uses shall comply with all terms contained in section 41.121. (11-9) All uses, whether permitted, conditional or nonconforming, shall be conducted in consonance with the use standards contained in sections 42.22, 42.31, 42.32 and 42.35. Sec. 40.303. Permitted uses. Within general office districts, only the following uses and structures designed for such uses shall be permitted: (6) Nursing homes: Aeeessefy rues. 07 Commercial or trade schools: 6 M An galleries/studios: 0 Adult day care; kUO AccessQrv, uses. Sec. 40.304. Conditional uses. Within general office districts, the following uses may be allowed as conditional uses: (1) Veterinary offices; `2.3) Child day care; (33) Noncommercial parking; (6) Aft galleriesistudi (4-7) Utility facilities- (558) Personal services. (9) Adult day eafe. Sec. 40.305. Use liimitations. The following use limitations shall apply to general office districts: Q) Commercial and trade schools, shall have all instructional areas within an enclosed building and all teaching shall be conducted indoors. Art galleries/studios shall have all activities conducted indoors. (53) Accessory uses shall comply with all terms contained in section 41.121. (...,i4) All uses, whether permitted, conditional or nonconforming, shall be conducted in consonance with the use standards contained in sections 42.22, 42.31, 42.32 and 42.35. 7 "'M Sec. 40.323. Permitted uses. Within neighborhood commercial districts, only the following uses and structures designed for such uses shall be permitted: (15) Business services: , M Art galleries/studios: (U7 Accessory uses, including certain alcoholic beverage sales uses as specified in sections 41.071 and 41,072. Sec. 40.324. Conditional uses. Within neighborhood commercial districts, the following uses may be allowed as conditional uses: (12) Restaurants serving alcoholic beverages located within 200 feet of a church or a school or with outdoor seating where the service area is located within 200 feet of a residential zone; (23) Package alcoholic beverage sales (package sales); (24) Level I group. care; („45) Level II group care; (56) Level III group care; (6-7) Congregate care; (7$) Child day care; (89) Veterinary offices; (94-0) Residential shelters; 8 M-- . MM4)Noncommercial parking; Cl1 )Utility facilitiesi- =43)Adult day care;? LU3 Outdoor retail sales, ftlavs and/or storage. Sec. 40.364. Permitted uses. Within beach commercial districts, only the following uses and structures designed for such uses shall be permitted: (9) Commercial parking uses, AeeesseFy uses as speeifW in seetions 41.071 and ; (10) Art galleries/studios;- Multiple-family dwellings: Accessory uses, including certain alcoholic beverage sales uses as specified in sections 41.071-and 41.072. Sec. 40.365. Conditional uses. Within beach commercial districts, the following uses may be allowed as conditional uses: (1) Outdoor commercial recreation/entertainment; (2) Nightclubs, taverns and bars; (3) Package alcoholic beverage sales (package sales); (4) Marina facilities; (56) Vehicle service; 9 (67) Video/electronic game rooms; (78) Veterinary offices; (89) Utility facilitiesi: I, M (9949) Restaurants serving alcoholic beverages located within 200 feet of a church or a school or with outdoor seating where the service area is located within 200 feet of a residential zone. Sec. 40.366. Use limitations. The following use limitations shall apply to beach commercial districts: f4l Comm§rcial parking lots shall not have spaces available for rent that are rQuired by this development code to serve a use operating_ at the same time as the commercial parking lot. (54) Accessory uses shall comply with all terms contained in section 41.121. (65) All uses, whether permitted, conditional or nonconforming, shall be conducted in consonance with the use standards contained in sections 42.22, 42.31, 42.32 and 42.35. Sec. 40.383. Permitted uses. Within resort commercial 24 districts, only the following uses and structures designed for such uses shall be permitted: i (10) Commercial harking , ' ales (11) Art galleries/studiosi- X1.2....) Accessory uses including certain alcoholic beverage sales uses as specified in sections 41.071 and 41.072. Sec. 40.384. Conditional uses. 10 Within resort commercial 24 districts, the following uses may be allowed as conditional uses: (1) Business/professional offices which serve the tourist; (2) Nightclubs, taverns and bars; (3) Package alcoholic beverage sales (package sales); (44-5) Outdoor commercial recreation/entertainment; (56) Recreational vehicle parks; (69) Marina facilities; (79) Video/electronic game rooms; (89) Utility facilities;- (94.8) Restaurants serving alcoholic beverages located within 200 feet of a church or a school or with outdoor seating where the service area is located within 200 feet of a residential zone. Sec. 40.385. Use limitations. The following use limitations shall apply to resort commercial 24 districts: Commercial parking lots shall not have spaces available for rent that are required by this development code to serve a use operating at the same time as the commercial parking lot. (_45) Accessory uses shall comply with all terms contained in section 41.121. (776) All uses, whether permitted, conditional or nonconforming, shall be conducted in consonance with the use standards contained in sections 42.22, 42.31, 42.32 and 42.35. Sec. 40.403. Permitted uses. 11 Within resort commercial 28 districts, only the following uses and structures designed for such uses shall be permitted: (11) Commercial parking uses, Aeeesser-y ' uses as speeified in seetiens 41.07-1 and 41.07 ; (12) Art galleries/studios;- Accessory uses, including certain alcoholic beverage sales uses as specified in sections 41.071 and 41.072. Sec. 40.404. Coaditional uses. Within resort commercial 28 districts, the following uses may be allowed as conditional uses: (1) Business/professional offices which serve the tourist; (2) Nightclubs, taverns and bars; (3) Package alcoholic beverage sales (package sales); (..4-5) Outdoor commercial recreation/entertainment; (56) Recreational vehicle parks; (6-7) Marina facilities; Q7$) Video/electronic game rooms; (89) Utility facilities;- (94-0) Restaurants serving alcoholic beverages located within 200 feet of a church or a school or with outdoor seating where the service area is located within 200 feet of a residential zone. Sec. 40.405. Use limitations. The following use limitations shall apply to resort commercial 28 districts: 12 Commercial pa.rl ing_.lots shall not have maces available for rent that are required by this development code to serve a use operating at the same time as the commercial parking lot. (65) Accessory uses shall comply with all terms contained in section 41.121. (76) All uses, whether permitted, conditional or nonconforming, shall be conducted in consonance with the use standards contained in sections 42.22, 42.31, 42.32 and 42.35. Sec. 40.423. Permitted uses. Within general commercial districts, only the following uses and structures designed for such uses shall be permitted: (15) Transportation stations Aeeesser-y , ; (16) Art galleries/studios-- (17) Adult day care.;- LU8 Accessory uses including certain alcoholic beverage sales uses as specified in sections 41.071 and 41.072. Sec. 40.424. Conditional uses. Within general commercial districts, the following uses may be allowed as conditional uses: (56) Veterinary offices; (667) Animal grooming and/or boarding facilities; 13 `7$) Wholesaling/distributing; Vehicle sales;, (9) Vehicle service; (10) Outdoor retail sales, displays and/or storage; (11) Blood plasma centers; (12) Marina facilities; (13) Residential shelters; (14) Noncommercial parking; (15) Utility facilitiesi7 (16) Restaurants serving alcoholic beverages located within 200 feet of a church or a school or with outdoor seating where the service area is located within 200 feet of a residential zone;,: LQ Child day care. Sec. 40.425. Use limitations. The following use limitations shall apply to general commercial districts: Lran5portation stations shall have a continuous solid landscape buffer, attaining a minimum height of six feet at maturity, adjacent to all residentially zoned oned properties, n Accessory uses shall comply with all terms contained in section 41.121. L664) All uses, whether permitted, conditional or nonconforming, shall be conducted in consonance with the use standards contained in sections 42.22, 42.31, 42.32 and 42.35. Sec. 40.433. Permitted uses. 14 Within linfill C-commercial Ddistricts, only the following uses (and structures designed to serve such uses) shall be permitted: (21) Transportation stations , use . (22) Accessory dwellings. (23) Adult day care. f 24J Accessory uses, including certain alcoholic beverage sales uses as specified in sections 41.071 and 41.072. Sec. 40.434. Conditional uses. Within finfill Ccommercial Ddistricts, the following uses may be allowed as conditional uses: (..45) Veterinary offices. (56) Wholesaling/distributing. (66-7) Marina facilities. (7$) Residential shelters. ($9) Noncommercial parking. (94.0) Manufacturing uses. (1Q4)Outdoor retail sales. (11Q)Child day care. (12?3)Congregate care. JU3 Vehicle sales. 15 (14) Vehicle service. (15) Outdoor commercial recreation/entertainment. (16) Bed and breakfast inns. (17) Utility facilities. (18) Restaurants serving alcoholic beverages located within 200 feet of a church or a school or with outdoor seating where the service area is located within 200 feet of a residential zone. (19) Convenience stores. (20) Indoor commercial recreation/entertainment. (21) Gasoline stations. Sec. 40.435. Use limitations. The following use limitations shall apply to infdl commercial districts: (2) Accessory uses shall comply with all terms contained in section 41.121 £eetien -136. Transportation stations shall have a continuous, solid landscape buffer, attaining a minimum height of six feet at maturity, adjacent to all residentially zoned properties. (76) All uses, whether permitted, conditional or nonconforming, shall be conducted in consonance with the use standards contained in sections 42.22. 42.31, 42.32 and 42.35 -136:995{453. Sec. 40.443. Permitted uses. Within highway commercial districts, only the following uses and structures designed to serve such uses shall be permitted: 16 (14) ___ Tra_n portation stations ; (15) Art galleries/studios-- (16) Adult day cares.- UD Accessory uses, including certain alcoholic beverage sales uses as specified in sections 41,071 and 41.072. See. 40.444. Conditional uses. Within highway commercial districts, the following uses may be allowed as conditional uses: (1) TiuftspeA"en stations; (1-2) Recreation vehicle parks; (23) Nightclubs, taverns and bars; (34) Package alcoholic beverage sales (package sales); (4-5) Animal grooming and/or boarding facilities; (56) Veterinary offices; (7) Indoor storage and/or warehousing; 07 Vehicle sales (8) Vehicle service; (9) Wholesaling/distributing; (10) Outdoor commercial recreation/entertainment; (11) Outdoor retail sales, displays and/or storage; (12) Residential shelters; (13) Noncommercial parking; 17 MI. . (14) Utility facilities-- (15) Restaurants serving alcoholic beverages located within 200 feet of a church or a school or with outdoor seating where the service area is located within 200 feet of a residential zone;,- kU6 Child day care. Sec. 40.445. Use limitations. The following use limitations shall apply to highway commercial districts: Transportation stations shall have a continuous, solid landscape buffer, attaining a minimum height of six feet at maturity, adjacent to all residentially zoned properties. (54) Accessory uses shall comply with all terms contained in section 41.121. (G-5) All uses, whether permitted, conditional or nonconforming, shall be conducted in consonance with the use standards contained in sections 42.22, 42.31, 42.32 and 42.35. Sec. 40.463. Permitted uses. Within commercial center districts, only the following uses and structures designed to serve such uses shall be permitted: (8) Commercial or trade schools uses, Aeeesser-y (9) Art galleries/studios;? (10) Adult day care;,: U Accessory uses, including certain alcoholic beverage sales uses as specified in sections 41.071 and 41.072. Sec. 40.464. Conditional uses. 18 Within commercial center districts, the following uses may be allowed as conditional 5; uses: LIJ Vehicle sales: (21) Vehicle service; (3Z-) Nightclubs, taverns and bars; L4-1) Package alcoholic beverage sales (package sales); (54) Outdoor retail sales, displays and/or storage; (.?) Outdoor commercial recreation/entertainment; L76) Child day care; &-7) Veterinary offices; (9$) Animal grooming andJor boarding facilities; (109) Utility facilities s. (11O)Restaurants serving alcoholic beverages located within 200 feet of a church or a school or with outdoor seating where the service area is located within 200 feet of a residential zone. Sec. 40.473. Permitted uses. Within downtown/mixed use districts, only the following uses (and structures designed to serve such uses) shall be permitted: (1) Multiple family dwellings. M Townhouses. 0 Three-family dwellings. L4,) Two-family dwellings. 19 ¦ t. i L5) Detached single family dwellings. (62) Indoor retail sales. (73) Restaurants. (84) Business/professional offices. (93) Medical clinics/laboratories. (lOb) Nonprofit social or community services. (LP) Commercial or trade schools. (12$) Accessory dwellings. (139) Interval ownership and timeshare dwellings. (1446)Remote switching stations. (15 4)Art galleries/studios. (lil-2)Funeral homes. (17+3)Hotels/motels. 1(. ai-4)TranWQrtation stations Aeeesser-y-uses. (1 )Adult day care. f2O Business services. f2l Personal services. Accessory uses, including certain alcoholic beverage sales as specified in sections 41.071 and 41.072. Sec. 40.474. Conditional uses. Within downtown/mixed use districts, the following uses may be allowed as conditional uses: (1) Indoor storage and/or warehousing. 20 (2) Nightclubs. taverns and bars (3) Package Aalcoholic beverage sales (package sales). (..4-5) Veterinary offices. (56) Wholesaling/distributing. (67) Marina facilities. (78) Residential facilities. 0) Noncommercial parking. (91-6) Manufacturing uses (including research facilities and laboratories, photographic processing facilities, printing and publishing facilities, production of confectionery or baked goods, and assembly of electronic components and precision instruments). (g4)Outdoor retail sales, displays and/or storage. ( IJ-2)Child day care. (12M)GasoHne stations. l'3 Restaurants serving` alcoholic beverages located within 200 feet of a church or a school or with outdoor seating where the service area is located within 200 feet of a residential zone. J14) Bed and breakfast inns. Sec. 40.475. Use limitations. The following use limitations shall apply to downtown/mixed use districts: fJ6 Transportation stations shall have a continuous, solid landscape buffer, attaining 21 a minimum height of six feet at maturity, adjacent to all residentially zoned properties. `6) All uses, whether permitted, conditional or nonconforming, shall be conducted in compliance with the use standards contained in sections 42.22, 42.31, 42.32 and 42.35 42.95. (87) For properties west of Osceola Avenue, indoor retail sales, restaurants, business/professional offices, medical clinics/laboratories, nonprofit social or community services, commercial or trade schools, accessory dwellings, remote switching stations, and art galleries/studios uses shall only be allowed as accessory uses to multiple family residential uses containing a minimum of 100 dwelling units. Sec. 40.504. Conditional uses. Within limited industrial districts, the following uses may be allowed pelted as conditional uses: Vehicle sales: (2-1) Vehicle service; (32) Outdoor retail sales, displays and/or storage; (443) Nightclubs, taverns and bars.-- (_54) Package alcoholic beverage sales (package sales).-.- (_) Residential shelters; (76) Noncommercial parking; ($? Child day care; (9$) Indoor commercial recreations.- (109) Adult day care. Sec. 40.523. Permitted uses. 22 I Within research, development and office park districts, only the following uses and structures designed to serve such uses shall be permitted: (11) Business services: Aeeesser-y-uses. L12) Hotels/motels-, LU3 Personal services: W) Restaurants: . LU5 Accessory uses including certain alcoholic beverage sales uses as specified in sections 41.071 and 41.072. Sec. 40.524. Conditional uses. Within research, development and office park districts, the following uses may be allowed as conditional uses: (1) --Resewed. (2) -Business (3) Hetels, ; (14) Manufacturing uses; (23) Marina facilities; (6) Personal (3-7) Residential shelters; (8) Restattrmts-? (_49) Child day care; (540) Utility facilities.- (¢-A) Adult day care. 23 See. 40.543. Permitted uses. Within public/semipublic districts, only the following uses and structures designed for such uses shall be permitted: (10) Nursing homes: Aeeessery uses. kUl Transportation- stations; f U2 Commercial parking: L131 Adult day care; Accessory uses, Sec. 40.544. Conditional uses. Within public/ semipublic districts, the following uses may be allowed as conditional uses: -heroes; (_13) Marina facilities, including commercial and office uses associated with marina facilities; (24) Alcoholic beverage sales (consumption on premises only) in conjunction with a fraternal organization, marina facilities, civic center, or a student center; (35) Child day care; (47) Residential shelters. (8) Adult day eafe. Sec. 40.545. Use limitations. The following use limitations shall apply to public/semipublic districts: 24 TranWortation stations shall have a continuous, solid landscape buffer, attaining a minimum height of six feet at maturity, adjacent to all residentially zoned properties. 0 Commercial parking lots shall not have spaces available for rent that are required by this development code to serve a use operating at the same time as the commercial parking lot. (9-7) Accessory uses shall comply with section 41.121. (10$) All uses, whether permitted, conditional or nonconforming, shall be conducted in consonance with the use standards contained in sections 42.22, 42.31, 42.32 and 42.35. Sec. 40.563. Permitted uses. Within open space/recreation districts, only the following uses and structures designed for such uses shall be permitted: (6) Restaurants, indoor retail sales and concessions; in conjunction with golf courses and recreation complexes: Aeeessery uses. Accessory uses, including uses of public land and facilities approved by. the City Commission in accordance with section 2.01(d)(vl. Sec. 40.564. Conditional uses. Within open space/recreation districts, the following uses may be allowed as conditional uses: (12) Alcoholic beverage sales (consumption on premises); in conjunction with a golf course or civic center; (23) Public works projects, including utility facilities. Sec. 41.053. Supplementary standards by category of use. 25 The standards in this section which apply to the identified category of use shall supplement the general standards of use identified in section 41.052. No conditional use shall be authorized unless determined to meet all of the standards applicable thereto. (1) Adult day care centers may be allowed pefmi within the limited a iee, genend ee, neighborhood commercial, infill commercial, limited industrial, and research, development and office park, and pubfie/semipt districts subject to all of the following: (a) The use shall be reasonably compatible with the surrounding neighborhood as measured by building size, location and state of repair. (b) The site shall be able to accommodate required parking, ancillary service and outdoor activity areas appropriate to the use and in a manner which is compatible with surrounding properties. (c) Proper supervision shall provided to ensure neighborhood compatibility. (d) Appropriate onsite loading and unloading areas shall be provided which are sufficiently distant from other trafficways so as to ensure user safety. (e) The use shall comply with all of the general standards contained in section 41.052 subseetien (b) ef this . (244) Animal grooming and/or boarding facilities may be allowed within the general commercial, highway commercial, and commercial center districts subject to all of the following: (a) All activities shall be conducted within soundproof, air conditioned buildings without outdoor cages, runs or other outdoor facilities unless determined by the board that such facilities are located and screened in a manner so as to not adversely affect the use, enjoyment or value of surrounding properties. (b) The use shall comply with all of the general standards contained in section 41.052. 26 (3?) Bed and breakfast inn uses may be allowed in the linfill Gcommercial -Ddistrict, downtown/mixed use district, turban 4Gcenter Ddistrict, and all residential districts, subject to all of the following: (a) The hours of operation are compatible with surrounding uses; (b) The volume of traffic generated by the use is compatible with surrounding uses; (c) Such uses shall only be provided in principal structures containing not less than 1,500 square feet of gross floor area; (d) Not more than 50 percent of the gross square footage of the principal structure shall be utilized for the bed and breakfast use. For the purpose of calculating the area of the structure devoted to the bed and breakfast use, only the floor area of the bedroom and bathroom areas utilized by the bed and breakfast guests shall be considered in such calculations; (e) The use shall contribute significantly to the promotion of the city's historical, cultural or natural heritage. (fj The structure containing the use shall meet all applicable life safety codes prior to the issuance of a certificate of occupancy. (g) The use complies with all of the general standards contained in section 41.052 subseetien (b) ef this . (42) Blood plasma centers may be allowed within the general commercial district subject to all of the following: (a) Sufficient waiting room areas shall be provided to deter loitering. (b) The use shall be sufficiently distant from churches, schools, hospitals, residences and like uses so as to not adversely affect the use, enjoyment or value of such properties. (c) The use shall comply with all of the general standards contained in section 27 41.052. (53) Business/professional offices which serve the tourist may be allowed within the resort commercial 24 and 28 districts upon determination that the use complies with all of the general standards contained in section 41.052. eentained in seetieft 41.05-2. Business fflay be pefmitted within the the hear-9 that stieh use is net ift epefati en, may be allowed within th-e (6) Child day care centers may be allowed within the limited office, general office, neighborhood commercial, general commercial, infill commercial, highway commercial, commercial center, downtown/mixed use, urban center (transition), and public/semipublic subject to all of the following: (a) Sufficient onsite outdoor play areas shall be provided and so designed as to ensure user safety. (b) Appropriate onsite loading and unloading areas shall be provided which are sufficiently distant from other trafficways so as to ensure user safety. (c) The use shall comply with all of the general standards contained in section 41.052 subseefien (b) of this . 28 €ellei ing (79) Congregate care facilities may be allowed within the multiple-family residential 12, 16, 24 and 28 districts; the residential, office and commercial planned development districts; urban center (transition), the limited office, infill commercial and neighborhood commercial districts subject to all of the following: (a) The permitted density shall not exceed the maximum permitted net density of the zoning district in which the facility is to be located, such density to be determined on the basis that every two beds within the facility shall be considered to equal one dwelling unit. For those facilities located within a planned development district, density shall be regulated through the site plan process in accordance with section 40.261, but the density shall not exceed the maximum allowable density set forth in section 40.267. 29 (b) The size and state of repair of the facility shall be appropriate for the proposed use. (c) Ancillary service and recreation areas appropriate for the use shall be provided on the site in a manner which is compatible with surrounding properties. (d) The use shall be located within an area which is not concentrated with other care facilities. (e) The use shall comply with all of the general standards contained in section 41.052 subseefieft (b) of this . Convenience stores may be allowed in the infill commercial district subject to all of the following: U The hours of operation and overall site design are compatible with surrounding uses. The use shall comply with all of the general standards contained in section 41.052. (94) Gasoline station uses may be allowed in the infill commercial, downtown/mixed use urban center (core) and urban center (eastern corridor) districts, subject to all of the following: (a) The hours of operation and overall site design are compatible with surrounding uses. (b) The use complies with all of the general standards contained in section 41.052 subseefien (b) of this . (10) Helistops may be allowed within the urban center district subject to all of the following: (a) Ample evidence is provided to the board ascertaining that the use meets all requirements of the Federal Aviation Administration. (b) The use shall comply with all of the general standards contained in section 41.052. 30 sufFeunding land uses-. it -i Th s pr fn (a) e use > as afy > . eH-eke-feHewing. (1144)Indoor commercial recreation/entertainment may be allowed permia in the infill commercial district, subject to all of the following: (a) The hours of operation are compatible with surrounding uses; (b) The use complies with all of the general standards contained in section 41.052 subseefien (b) ef this . (12-13)Indoor storage and/or warehousing may be allowed within the downtown/mixed use, general commercial, infill commercial, and highway cornmercial.,,- urban center (corel urban center (eastern corridor), and urban center (transition) districts subject to all of the following: (a) The building size, length and appearance shall be compatible and in scale with other buildings in the immediate area. (b) All doors shall be oriented so as to be least visible from public rights-of- way and surrounding properties. 31 (c) The use shall comply with all of the general standards contained in section 41.052 stibseetien (b) of this . (b) The N,elufne of tmffie generated by the ase is eempatible with suffetindin uses; (1314)Level I group care facilities may be allowed within the single-family residential 8, fRultiple family r-esiden" 9, 1.2, 16, 209 24 an districts; the residential, office, and commercial planned development districts; and the limited office and neighborhood commercial districts subject to all of the following: (a) The use shall comply with all terms contained in section 41.201. (b) Accessory uses shall be limited to those normal and incidental to residential dwelling units. (c) The use shall be reasonably compatible with the surrounding neighborhood as measured by building size, location and state of repair. (d) The site shall be able to accommodate required parking, ancillary service and outdoor activity areas appropriate to the use and in a manner which is compatible with surrounding properties. (e) Proper supervision shall be provided to ensure neighborhood compatibility. (f) If located within a single-family residential 8 district, the use shall be located on property having conforming frontage on a minor or major arterial street. (g) The use shall comply with all of the general standards contained in section 41.052. 32 (1413)Level H group care facilities may be allowed within the multiple-family residential 81 12, 16, 20, 24 and 28 districts; the residential, office and commercial planned development districts; and the urban center (transition), limited office and neighborhood commercial districts, subject to all of the following: (a) The use shall comply with all regulations contained in section 41.201. (b) Accessory uses shall be limited to those normal and incidental to residential dwelling units. (c) The use shall be reasonably compatible with the surrounding neighborhood as measured by building size, location and state of repair. (d) The site shall be able to accommodate required parking, ancillary service and outdoor activity areas appropriate to the use and in a manner which is compatible with surrounding properties. (e) Proper supervision shall be provided to ensure neighborhood compatibility. (f) The use shall comply with all of the general standards contained in section 41.052 subseetien (b) of this . (15+6)Level III group care facilities may be allowed within the urban center (transition), limited office and neighborhood commercial districts, subject to all of the following: (a) The use shall comply with all regulations contained in section 41.201. (b) Accessory uses shall be limited to those normal and incidental to residential dwelling units. (c) The use shall be reasonably compatible with the surrounding neighborhood as measured by building size, location and state of repair, (d) The site shall be able to accommodate required parking, ancillary service and outdoor activity areas appropriate to the use and in a manner which is compatible with surrounding properties. (e) Proper supervision shall be provided to ensure neighborhood compatibility. (f) The use shall comply with all of the general standards contained in section 41,052 subseetien (b) ef this . 33 (>1 1-7)Manufacturing uses may be allowed in the infill commercial, research, ) and urban center (eastern development and office park, urban center (core corridor districts subject to all of the following: (a) The hours of operation are compatible with surrounding uses. (b) The volume of traffic generated by the use is compatible with surrounding uses. (c) Any noise generated by the use is compatible with surrounding uses. (d) In infill commercial districts, a minimum lot size of 10,000 square feet shall be provided for this use; and (e) The use complies with all of the general standards contained in section 41.052 subseetion (b) this . uses; (17H)Marina facilities may be allowed, except as provided in this section, in the beach commercial, resort commercial 24 and 28, general commercial, downtown/mixed use, infill commercial, research, development and office park, urban center (bayfront) and public/semipublic districts, subject to all of the following: (a) Marina facilities are prohibited from locating in the following areas, which have been identified as areas of high or moderate environmental significance: The north end of Clearwater Beach, Clearwater Harbor grass beds, Cooper's Point, Clearwater Harbor spoil islands, Sand Key Park and the southern edge of Alligator Lake. (b) All proposed activities including, but not limited to, fueling, pumping-out, chartering, living-aboard, launching, dry storage and the servicing of boats, motors and related marine equipment shall require specific approval 34 by the planning and zoning board in order to be permitted. (c) A commercial marina facility operated as a primary use shall not be located adjacent to a residential district unless the owner provides screening or landscape buffering in accordance with section 42.27. For marina facilities located adjacent to residential districts, no fueling or launching facilities shall be located within 20 feet of the residential property line, and no fueling or servicing of boats shall occur at such marinas after 9:00 p.m. or before 6:00 a. in. (d) No fuel storage facility or sanitary pump-out station holding tank shall be located over water. (e) The marina facility shall pose no hazard or obstruction to navigation, as determined by the city harbormaster. (f) View corridors shall be preserved across the property in accordance with the standards set forth in section 41.131. (g) The use shall not adversely affect the environment, including both onshore and offshore natural resources. (h) The owner shall provide evidence to the public works department of sufficient and acceptable wastewater treatment to serve the project. (i) For coastal areas, the owner shall provide to the city an acceptable manatee protection plan. Appropriate speed zone signs shall be posted to control boat speed for manatee protection. (j) The owner shall provide evidence of adequate spill containment areas on the subject property. (k) Landside sanitary facilities or a sanitary pump-out station shall be provided and shall be available to marina users 24 hours a day. (1) The use shall comply with all of the general standards contained in section 41.052. (m) In the event of conflict between these standards and federal or state law or rules, the federal or state law or rules shall apply to the extent that these standards have been preempted. Otherwise, the more stringent regulations shall apply. (L 8+9)Marinas may be allowed within the preservation 35 districts subject to all of the following: (a) Marinas are prohibited from locating in the following areas, which have been identified as areas of high or moderate environmental significance: The north end of Clearwater Beach, Clearwater Harbor grass beds, Cooper's Point, Clearwater Harbor spoil islands, Sand Key Park, and the southern edge of Alligator Lake. (b) All proposed activities including, but not limited to, fueling, pumping-out, chartering, living-aboard, launching, dry storage and the servicing of boats, motors and related marine equipment shall require specific approval by the planning and zoning board in order to be permitted. (c) No commercial activity, including but not limited to the sale or rental of any slips, commercial launching facilities, marine repairs or maintenance facilities, or living aboard any boat, whether permanently or temporarily, shall be permitted unless the facility abuts a commercial zoning district, the public/semipublic district or the urban center district and unless such activity is expressly approved by the planning and zoning board. (d) A commercial marina operated as a primary use shall not be located adjacent to a residential district unless the owner provides screening or landscape buffering in accordance with section 42.27. For marinas located adjacent to residential districts, no fueling or launching facilities shall be located within 20 feet of the residential property line, and no fueling or servicing of boats shall occur at such marinas after 9:00 p.m. or before 6:00 a.m. (e) No fuel storage facility or sanitary pump-out station holding tank shall be located over water. (f) The marina shall pose no hazard or obstruction to navigation, as determined by the city harbormaster. (g) View corridors shall be preserved across the property in accordance with the standards set forth in section 41.131. (h) The use shall not adversely affect the environment, including both onshore and offshore natural resources. (i) The owner shall provide evidence to the public works department of sufficient and acceptable wastewater treatment to serve the project. 0) For coastal areas, the owner shall provide to the city an acceptable 36 manatee protection plan. Appropriate speed zone signs shall be posted to control boat speed for manatee protection. (k) The owner shall provide evidence of adequate spill containment areas on the subject property. (1) Design of the docks shall maintain existing tidal flushing and aquatic circulation patterns. (m) The use shall comply with all of the general standards contained in section 41.052. (n) In the event of conflict between these standards and federal or state law or rules, the federal or state law or rules shall apply to the extent that these standards have been preempted. Otherwise, the more stringent regulations shall apply. (19. )Nightclubs, taverns and bars may be allowed within the North Greenwood commercial, beach commercial, resort commercial, general commercial, downtown/mixed use, infill commercial, highway commercial, commercial center, urban center (bayfront), urban center (core), urban center (eastern corridor), and limited industrial zoning districts subject to all of the following: Ja)- The use complies with all the general standards for conditional use approval listed in sections 41.033 and 41.052; and Jb)-. The use does not contribute to an inappropriate concentration of such facilities as judged by the number of similar facilities within 500 feet of the proposed use, the potential effect of the proposed use on public safety, and the potential effect of the proposed use on residential, church, school and park uses within 500 feet. For the purposes of this section, this measurement shall be from the property line of the property containing the alcoholic beverage use to the closest property line of each of the listed uses; and Jc)7. The use is: 1. Located on a passenger vessel licensed by the state to sell alcoholic beverages on which alcoholic beverages are served only after the vessel is underway, or is not located within 500 feet of a conforming church, school or park use, residential zone, or similar alcoholic beverage use; or 2. Located within 500 feet of a conforming church, school or park 37 use, residential zone, or similar alcoholic beverage use but is located in the Urban Center district or is separated from these uses by a right-of-way of 100 or more feet in width; or 3. Located within 500 feet of a conforming church, school or park use, residential zone, or similar alcoholic beverage use but the applicant demonstrates that there are conditions which are unique to the property (such as structure and site design, property location and orientation, or the particular physical surroundings, shape or topographical conditions of the property) that warrant granting the conditional use permit; and fd)-. The applicant demonstrates that the potential negative impacts of the use are mitigated by the design features of the structure and site. Specifically, the applicant shall address the following issues: 1. Structure design - entrances, windows, exterior service windows and loading entrances shall be oriented so as to minimize impacts on adjacent properties. 2. Type of entertainment and hours of operation - shall be compatible with surrounding uses. 3. Provision of buffers - perimeter landscaping shall meet or exceed the standards of section 42.27 to the extent allowed by site design. 4. Site design - the applicant shall specifically demonstrate that the site design, as determined by such factors as building orientation, outdoor seating, outdoor loudspeakers, parking location, buffers, site lighting, and access and loading area design and location, is compatible with surrounding uses. der All occupational license approval standards, including the police department background check of the applicant, shall be met prior to the issuance of an occupational license for the use; and In the beach commercial and resort commercial districts, nightclubs, taverns and bars shall only be permitted in delicatessens, or in shopping centers or hotels/motels consistent with the provisions of section 41.071 except that expansion of alcoholic beverage sales area and changes of business ownership for existing nonconforming nightclub, tavern and bar uses may be considered; and fg)- In the North Greenwood commercial district, no new nightclub, tavern 38 and bar uses shall be allowed, but expansion of alcoholic beverage sales area and changes of business ownership for existing nightclub, tavern and bar uses may be considered. (20) Noncommercial parking may be allowed within the residential, limited office, general office, neighborhood commercial, North Greenwood commercial, downtown/mixed use, highway commercial, infill commercial, and limited industrial districts subject to all of the following; (a) Single-family residential property may be used for noncommercial parking only when such parking is accessory to a primary use in an adjoining public/ semipublic district. However, such parking on single-family residential property shall not be used for any portion of the offstreet parking required by this Code; such parking shall be provided only for excess or overflow parking; the parking lot shall not be surfaced; access directly from the street or from adjoining residential property shall not be provided to a parking lot located on single-family residential property; the area, lot width and lot depth of single-family residential property used for noncommercial parking shall not be considered in determining whether the adjoining public/ semipublic property meets the applicable dimensional and numerical development requirements; and a conditional use for parking on single-family residential property shall not run with the land, but shall expire upon a change of use of the adjoining public/semipublic property. (b) The parking lot shall be designed, surfaced and landscaped in accord with all applicable requirements contained in this development code; however, surfacing shall be prohibited on single-family residential property. (c) Access to the parking lot shall not be provided directly from the street or from any residentially zoned property adjoining the property which is the subject of the conditional use application, unless specifically authorized by the planning and zoning board; however, access directly from the street or from adjoining residential property shall not be provided to a parking lot located on single-family residential property. (d) The use shall comply with all of the general standards contained in section 41.052. (e) Noncommercial parking lots which adjoin residentially zoned property shall be provided with an opaque fence or wall along all property lines adjoining the residentially zoned property, and may be used for the parking of motor vehicles other than recreational vehicles, semitrailer trucks or cabs, commercial vehicles, buses, or vehicles designed to transport wastes or hazardous or noxious materials, which are prohibited. 39 Such lots shall not be used for the parking of trailers, boats or boat trailers. Any lighting of such parking lot shall not exceed the height of the opaque fence or wall required along all property lines. However, a parking lot which adjoins single-family residential property shall be provided with a landscaped strip of land not less than ten feet in widta along all property lines adjoining the single-family residential property. (f) No portion of any parking space shall be closer than ten feet from the property line of any adjoining single-family residential property. (g) All applicable requirements of sections 41.221 and 42.27 shall be satisfied without the granting of any variance therefrom. (h) Such parking shall not be required by this code to serve another use. (i) If the parking is provided on property zoned for multiple-family residential or nonresidential uses, such parking shall be guaranteed to remain available through a longterm lease or other appropriate instrument running with the land for a term equalling or exceeding the projected life of the use which the parking is to serve. > 2 0, 2 4, and 29 resid entieJ distfiets, and the l hmited > (LM)Outdoor commercial recreation/entertainment may be allowed within the beach commercial, resort commercial 24 and 28, urban center (core), urban center (eastem corridor), general commercial, highway commercial, infill commercial, and commercial center districts, subject to all of the following: (a) All facilities and activities shall be self-contained on the premises, unless otherwise approved by the planning and zoning board. (b) The use shall comply with all of the general standards contained in section 41.052 subseetieft (b) of this . 40 4,1 , W b h e fl 5 eae > r ial, g eneM > i nfill , li it d i d i > l i di t i t b > t t ll f th f ll a m e n ustr a zeft ng s f e s su ee o a e e o appfoys4 listed in seetiefts 41.033 and 41.952-, a eb h d f et t e pfopes e > h b sa l y, d k ithi 500 f t F t > e th f thi tfe , ti e se lea thi an par u ses w n ee . e e pur-peses e s s r- o e n, ?se9; and zone, • Leeated within 500 feet of a eanfennifig a by a right of way ef 100 of- mer-e feet in widths • a use or- Fesidenti-B) a a hetir-s a s site ligh"g, and aeeess and leading bead are mitigated by the design fftNr-es ef the stmeture and site. a the applieant shall address the • s 41 4 Sit d i th li t h ll ifi " d t t th t th . e es gn it d * e app em s a spee e y e meas fa e a s e - > , seatin outdoor g, eutdoer- > pafldng > i , fighting, site and aeeess and leading afea desig n and leeat > eempatible wi th sufr-etin ding uses; and i ti f i k l b id d N t ex s ng neneen enn ng pae age sa es us es may e eetis e fe . o me eensidered-. (2223)Outdoor retail sales, displays and/or storage may be allowed within the urban center (core), urban center (eastern corridor), general commercial, highway commercial, infill commercial, commercial center, downtown/mixed use, and limited industrial districts subject to all of the following: (a) The outdoor use shall not adversely affect the community appearance objectives of the city. In particular, no temporary buildings, portable buildings, tents, stands, trailers, vending carts or like buildings or structures shall be utilized in conjunction with the use. (b) In downtown/mixed use districts, outdoor retail sales and displays shall be limited to vegetable and fruit stands and similar uses. For outdoor storage uses in downtown/mixed use districts, a minimum lot size of 30,000 42 square feet shall be provided. (c) In linfill Gcommercial Ddistricts, outdoor retail sales and displays of boats and vehicles shall be prohibited, except for vehicle sales approved bathe planning and zoning board as a conditional use. (d) In linfill Gcommercial Ddistricts, a minimum lot size of 30,000 square feet shall be provided for this use. (e) The use shall comply with all of the general standards contained in section . 41.052 subseetien (b) of this seetiefl. Package alcoholic beverage sales commercial, North Greenwood commercial, general commercial, highway commercial commercial (eastern corridor), and limited ind following: may be allowed within the neighborhood commercial, beach commercial resort downtown/mixed use, infill commercial. center, urban center (core, urban center ustrial zoning districts subject to all of the Ua,) The use complies with all the general standards for conditional use approval listed in sections 41.033 and 41.052; and b The use does not contribute to an inappropriate concentration of such facilities as judged by the number of similar facilities within 500 feet of the proposed use, the potential effect of the proposed use on public safetX, and the potential effect of the pry use on residential, church, school and park uses within 500 feet. For the puMoses of this section, this measurement shall be from the property line of the property containing the alcoholic beverage use to the closest property line of each of the listed uses: and Le) The use is: 1. Not located within 500 feet of a conforming church, school or park use, residential zone, or similar alcoholic beverage use; or 2. Located within 500 feet of a conforming church, school or park use, residential zone or similar alcoholic beverage use but is: Located in the Urban Center district; or Separated from these uses by a right-of-way of 100 or more feet in width: or 3 Located within 500 feet of a conforming_ church, school or park use or residential zone, or similar alcoholic beverage use but the applicant demonstrates that the potential negative effects of the use 43 is mitigated by structure design (including location of entrances, windows and exterior service windows/loading, entrances), by hours of operation, by site design (including building orientation, parking location, buffers, site lighting, and access and loading area design/ location), and by other relevant factors as determined by the board: and f d) The applicant demonstrates that the potential negative impacts of the use are mitigated by the design features of the structure and site. Specifically, the applicant shall address the following; issues: 1. Structure design - entrances, windows, exterior service windows and loading entrances shall be oriented so as to minimize impacts on adjacent properties. 2. Type of entertainment and hours of operation - shall be compatible with surrounding uses. 3. Provision of buffers - perimeter landscaping shall meet or exceed the standards of section 42.27 to the extent allowed by site design. 4. Site design - the applicant shall svecificall-demonstrate that the site design, as determined by such factors as building orientation, outdoor seating, outdoor loudspeakers, parking` location, buffers, site lighting, and access and loading area design and location, is compatible with surrounding uses, and Oe All occupational license approval standards, including the police department background check of the applicant, shall be met prior to the issuance of an occupational license for the use, and Lo In beach commercial and resort commercial zoning districts, the use shall only be permitted in delicatessens, or in shopping centers or hotels/motels consistent with the provisions of section 41.071, except that expansion of alcoholic beverage sales area and changes of business ownership for existing nonconforming package sales uses may be considered. Not more than five percent of the gross floor area shall be devoted to the sale or display of -packaged alcoholic beverages in delicatessens: and In the North Greenwood commercial district, no new package sales uses shall be allowed, but expansion of alcoholic beverage sales area and changes of business ownership for existing package sales uses may be considered. 44 (24) Personal services may be allowed in the limited office, and general office, and districts subject to all of the following: l h d l d - k di t i ffl t th id i (a) a reseafe , d epfnent an e ve s f e ee par e s, e use prov es, as (aab) In limited office and general office districts, the use shall be limited to beauty salons and barber shops only, and shall not have hours of operation incompatible with surrounding uses; parking generated by the use shall not overburden existing or proposed parking facilities. (be) The use complies with all of the general standards contained in section 41.052. (25-244)Public and private elementary, middle and high schools may be allowed within the urban center (transition) district, subject to all of the following: (a) The total amount of land area devoted to the use shall be a minimum of one acre and a maximum of three acres; (b) The scale of any structures and facilities associated with the use shall be compatible with surrounding properties; (c) Any outdoor recreational facilities associated with the use shall be designed and located so as to be compatible with surrounding properties; and (d) The use shall comply with all of the general standards contained in section 41.052 . (2G2-5)Recreation activities other than those listed as permitted uses may be allowed within the aquatic lands/coastal and interior districts following review and recommendation by the harbormaster and upon determination that the use complies with all of the general standards contained in section 41.052. (2726)Recreational vehicle parks may be allowed within the resort commercial 24 and 28, and highway commercial districts upon determination that the use complies with all of the general standards contained in section 41.052. (282-7)Residential shelters may be allowed within the multifamily residential districts da the limited office, neighborhood commercial, general commercial, downtown/mixed use, highway commercial, infill commercial, urban center 45 (core), urban center (eastern corridor), urban center (transition), limited industrial, research, development and office park and public/semipublic districts subject to compliance with all of the general standards contained in section 41.052. (2927-.4)Restaurants and accessory alcoholic beverage sales uses serving alcoholic beverages located within 200 feet of a church or school may be allowed pefmitted in the neighborhood commercial, North Greenwood commercial, beach commercial, resort commercial 24, resort commercial 28, general commercial, downtown/mixed use, infill commercial, highway commercial, commercial center, urban center (transition), and limited industrial districts, subject to all of the following: (a)- The use complies with all the general standards for conditional use approval listed in sections 41.033 and 41.052; and (b?- The use does not contribute to an inappropriate concentration of such facilities as judged by the number of similar facilities within 500 feet of the proposed use, the potential effect of the proposed use on public safety, and the potential effect of the proposed use on residential, church, school and park uses within 500 feet. For the purposes of this section, this measurement shall be from the property line of the property containing the alcoholic beverage use to the closest property line of each of the listed uses; and (c)-. The applicant demonstrates that the potential negative effects of the use is mitigated by structure design (including location of entrances, windows and exterior service windows/loading entrances), by hours of operation, by site design (including building orientation, parking location, buffers, site lighting, and access and loading area design/location), and by other relevant factors as determined by the board; and (d? The applicant demonstrates that the potential negative impacts of the use are mitigated by the design features of the structure and site. Specifically, the applicant shall address the following issues: 1. Structure design - entrances, windows, exterior service windows and loading entrances shall be oriented so as to minimize impacts on adjacent properties. 2. Type of entertainment and hours of operation - shall be compatible with surrounding uses. 3. Provision of buffers - perimeter landscaping shall meet or exceed 46 the standards of section 42.27 to the extent allowed by site design. 4. Site design - the applicant shall specifically demonstrate that the site design, as determined by such factors as building orientation, outdoor seating, outdoor loudspeakers, parking location, buffers, site lighting, and access and loading area design and location, is compatible with surrounding uses; and (e)7 All occupational license approval standards, including the police department background check of the applicant, shall be met prior to the issuance of an occupational license for the use. (3027-2)Restaurants and accessory alcoholic beverage sales uses serving alcoholic beverages with outdoor seating where the service area is located within 200 feet of a residential zone may be allowed peffnitd in the neighborhood commercial, North Greenwood commercial, beach commercial, resort commercial 24, resort commercial 28, general commercial, downtown/mixed use, infill commercial, highway commercial, commercial center, urban center (bayfront), urban center (core), urban center (eastern corridor), urban center (transition), and limited industrial districts, subject to all of the following: (a) The hours of operation and overall site design are compatible with surrounding uses, as determined by such factors as seating orientation, outdoor loudspeakers, buffers or screening, site lighting, hours of operation and access. (b) The use complies with all of the general standards contained in section 41.052 subseetien (b) ef this . develo m nt nd ffl k d i t i t d i l t d t th p e a e ee par s f e an s eea e ne m ere an ene (29) -'fraxspeFFeEien stefiens maybe el4ewed wiEhiir the geeend--ee:.mefeW, 47 downtawfVmixed > highway . > infiH > and (312-94)Universities, colleges, academies and similar facilities for learning may be allowed within the 14urban C-center (:transition) district, subject to all of the following: (a) The total amount of land area devoted to the use shall be a minimum of one (1) acre and a maximum of three (3) acres; (b) The scale of any structures and facilities associated with the use shall be compatible with surrounding properties; (c) Any outdoor recreational facilities associated with the use shall be designed and located so as to be compatible with surrounding properties; and (d) The use shall comply with all of the general standards contained in section 41.052 . (3229-.2)Utility facilities may be allowed as a conditional use in all zoning districts except the limited industrial and public/semi-public districts, where they are allowed as a permitted use, subject to all of the following: (a) The size, scale, mass, noise generation, emissions generation, traffic generation, and appearance of any buildings, structures, and facilities shall be reasonably compatible with surrounding land uses. (b) The use shall be buffered from adjoining properties in a manner consistent with its size, scale, mass, noise generation, emissions generation, traffic generation, and appearance to ensure compatibility with surrounding uses. At a minimum, the use shall meet the perimeter landscaping requirements of section 42.27(3) for nonresidential properties, unless located in an area where the environmental characteristics make such buffering impractical. (c) The use shall comply with all of the general standards contained in section 41.052. Vehicle sales may be allowed within the general commercial, infill commercial, highway commercial, commercial center, urban center (core) and urban center (eastern corridor) districts, subject to all of the followings 48 The outdoor use shall not adversely affect the community appearance objectives of the city. In particular. no temporary buildings, portable buildings, tents, stands, trailers. vending carts or like buildings or structures shall be utilized in con--unction with the use. ?b The use shall comply with all of the general standards contained in section 41.052. (MM)Vehicle service may be allowed within the beach commercial, general commercial, downtown/mixed use, highway commercial, infill commercial, commercial center, urban center (core), urban center (eastern corridor) and limited industrial districts, subject to all of the following: (a) All service bays shall be located within an enclosed building and all servicing shall be conducted indoors. (b) Entrances to any service bays shall be appropriately oriented with respect to adjoining uses. (c) All used tires, parts and similar objects shall be stored in a building or other enclosed structure. (d) Careful distinction shall be drawn by the board with regard to the type of service to be performed. Major repairs, including engine or transmission dismantling, painting, body, fender, muffler, top and upholstery work, shall not be allowed unless specifically permitted by the planning and zoning board. (e) The use shall comply with all of the general standards contained in section 41.052 subseetien (b) ef Ns . (L5,3R)Veterinary offices may be allowed with the limited office, general office, general commercial, downtown/mixed use, highway commercial, infill commercial, commercial center, neighborhood commercial, urban center, and beach commercial districts, subject to all of the following: (a) All activities shall be conducted within soundproof, air conditioned buildings with no outdoor cages, runs or other outdoor facilities unless determined by the planning and zoning board that such facilities are located and screened so as to not adversely affect the use, enjoyment or value of surrounding properties. (b) There shall be no overnight boarding of animals unless determined by the planning and zoning board that such boarding facilities are sufficiently 49 soundproofed and air conditioned and are made available only to animals requiring veterinary treatment. (c) The use shall comply with all of the general standards contained in section 41.052 . (3633)Wholesaling/distributing facilities may be allowed within the general commercial, highway commercial, and infill commercial districts, urban center (core), and urban center (eastern corridor), subject to all of the following: (a) The size, mass and scale of any structure used for such activity is compatible with surrounding structures. (b) The proposed access, site design, and vehicles used in the operation are compatible with surrounding uses. (c) The use shall comply with all of the general standards contained in section 41.052 subseefien (b) of this seetia Sec. 41.161. Home Occupations. (4) Standards. All home occupations shall conform to the standards enumerated as follows: (b) No persons other than family members residing within the dwelling unit shall be engaged in the occupation, unless the occupation is a service conducted away from the premises of the applicant, in which case up-te- h additional employees may be engaged in the occupation provided such employees meet at the site where the service is conducted and not at the home where the occupation is licensed. Section 2. The provisions of this ordinance are found and determined to be consistent with the City of Clearwater Comprehensive Plan, 50 S f&t Qom. 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 legal sufficiency: Attest: Pamela Akin City Attorney Cynthia E. Goudeau City Clerk 51 14 AG E111 DA DATE T Rr rift s}" ITEM #__.1_L F sv? ORDINANCE NO. 5950.95 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA. ANNEXING CERTAIN REAL PROPERTY LOCATED SOUTH OF SUNNYDALE BOULEVARD, CONSISTING OF THE SOUTH 235 FEET OF THE EAST 153 FEET OF THE WEST 318.88 FEET OF LOT 9. CLEARWATER INDUSTRIAL PARK, WHOSE POST OFFICE ADDRESS IS 2030 CALUMET STREET, INTO THE CORPORATE LIMITS OF THE CITY, AND REDEFINING THE BOUNDARY LINES OF THE CITY TO INCLUDE SAID ADDITION: PROVIDING AN EFFECTIVE DATE. WHEREAS, the owner of the real property described herein and depicted on the map attached hereto as Exhibit A has petitioned the City of Clearwater to annex the property into the City pursuant to Section 171.044, Florida Statutes, and the City has complied with all applicable requirements of Florida law in connection with this ordinance: now, therefore, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER. FLORIDA: Section 1. The following-described property is hereby annexed into the City of Clearwater and the boundary lines of the City are redefined accordingly: See Exhibit B attached. Section 2. The provisions of this ordinance are found and determined to be consistent with the City of Clearwater Comprehensive Plan. The City Commission hereby accepts the dedication of all easements, parks, rights-of-way and other dedications to the public which have heretofore been made by plat, deed or user within the annexed property. The City Engineer, the City Clerk and the Central Permitting Director are directed to include and show the property described herein upon the official maps and records of the City, Section 3. This ordinance shall take effect immediately upon adoption. The City Clerk shall file certified copies of this ordinance, including the map attached hereto, with the Clerk of the Circuit Court and with the County Administrator of Pinellas County, Florida, within 7 days after adoption, and shall file a certified copy with the Florida Department of State within 30 days after adoption. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Approved as to form and legal sufficiency: ame a in City Attorney January 4, 1996 Rita Garvey Mayor-Commissioner Attest: Cynthia ou eau City Clerk Ordinance Nn. 59b0 95 PROPOSED ANNEXATION, LAND USE PLAN CLASSIFICATION AND ZONING OWNER: Douglas R. Birch, Trustee A: 95-2§ ADDRESS: 2030 Calumet St. Clearwater, Fl. 34625 PROPERTY DESCRIPTION: The South 235.0 ft. of the East 153.0 ft. of the West 318.88 ft. of Lot '9, Clearwater Industrial Park. LAND USE PLAN ZONING. COUNTY: Industrial Limited IL ACRES 0 825 CITY: Industrial Limited IL . : ' RIGHT-of-WAY: ACRES: ATLAS PAGE: 2628 SEC: 10 TWP: 29 S RGE: 15 E PLANNING AND. ZONING BOA-RD :.. CITY COMMISSION EXHIBIT A LEGAL DESCRIPTION The South 235.0 feet of the East 153.0 feet of the West 318.88 of Lot 9, Clearwater Industrial Park, according to the map or plat thereof as recorded in Plat Book 44, Page 46, public records of Pinellas County, Florida. EXHIBIT B Ordinance No. 5950.95 9-1", ORDINANCE NO, 5951.95 I AN ORDINANCE OF THE CITY OF CLEARWAT-ER, FLORIDA. AMENDING THE FUTURE LAND USE PLAN ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY, TO DESIGNATE THE LAND USE FOR CERTAIN REAL PROPERTY LOCATED SOUTH OF SUNNYDALE BOULEVARD, CONSISTING OF THE SOUTH 235 FEET OF THE EAST 153 FEET OF THE WEST 318.88 FEET OF LOT 9, CLEARWATER INDUSTRIAL PARK, WHOSE POST OFFICE ADDRESS IS 2030 CALUMET STREET. AS INDUSTRIAL LIMITED: PROVIDING AN EFFECTIVE DATE. WHEREAS, the amendment to the future land use plan element of the comprehensive plan of the City as set forth in this ordinance is found to be reasonable. proper and appropriate, and is consistent with the City's comprehensive plan: now, therefore, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER. FLORIDA: Section 1. The future land use plan element of the comprehensive plan of the City of Clearwater is amended by designating the land use category for the hereinafter described property as follows: Property Land Use Category See Exhibit A attached. (LUP95-26) Industrial Limited Section 2. This ordinance shall take effect immediately upon adoption, contingent upon and subject to the adoption of Ordinance No. 5950-95. PASSED ON FIRST READING January 4, 1996 PASSED ON SECOND AND FINAL READING AND ADOPTED Approved as to form and legal of d ency: 4aame n City Attorney Rita Garvey Mayor-Commissioner Attest: Cynthia ou eau City Clerk Ordinaixe No. 5951.95 LEGAL DESCRIPTION The South 235.0 feet of the East 153.0 feet of the West 318.88 of Lot 9, Clearwater Industrial Park, according to the map or plat thereof as recorded in Plat Book 44, Page 46, public records of Pinellas County, Florida. EXHIBIT A Ordinance No. 5951-95 PROPOSED ANNEXATION, LAND USE PLAN CLASSIFICATION AND ZONING OWNER: Douglas R. Birch, Trustee A: 95-26 ADDRESS: 2030 Calumet St. Clearwater, Fl. 34625 PROPERTY DESCRIPTION: The South 235.0 ft. of the East 153.0 ft. of the West 318.88 ft. of Lot 9, Clearwater Industrial Park. LAND USE PLAN ZONING. COUNTY: Industrial Limited IL 825 ACRES: 0 ' CITY: Industrial Limited IL . RIGHT-of-WAY: ACRES: ATLAS PAGE: 2628 SEC: 10 TWP: 29 S RGE: 15 E PLANNING AND ZONING ;BOARD = CITY. COMMISSION:: :: AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY ZONING CERTAIN REAL PROPERTY LOCATED SOUTH OF SUNNYDALE BOULEVARD, CONSISTING OF THE SOUTH 235 FEET OF THE EAST 153 FEET OF THE WEST 318.88 FEET OF LOT 9, CLEARWATER INDUSTRIAL PARK, WHOSE POST OFFICE ADDRESS IS 2030 CALUMET STREET, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS INDUSTRIAL LIMITED (IL); PROVIDING AN EFFECTIVE DATE. WHEREAS, the assignment of a zoning district classification as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's comprehensive plan; now, therefore, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following described property located in Pinellas County, Florida, is hereby zoned as indicated upon annexation into the City of Clearwater, and the zoning atlas of the City is amended, as follows: See Exhibit A attached. (A95-26) Limited Industrial (IL) Section 2. The Central Permitting Director is directed to revise the zoning atlas of the City in accordance with the foregoing amendment. Section 3. This ordinance shall take effect immediately upon adoption, contingent upon and subject to the adoption of Ordinance No. 5950-95. PASSED ON FIRST READING January 4, 1996 PASSED ON SECOND AND FINAL READING AND ADOPTED Rita Garvey Mayor-Commissioner Approved as to form and legal ufficiency: Pamela K. Akin City Attorney Attest: Cynthia E. Goudeau City Clerk LEGAL DESCRIPTION The South 235.0 feet of the East 153.0 feet of the West 318.88 of Lot 9, Clearwater Industrial Park, according to the map or plat thereof as recorded in Plat Book 44, page 46, public records of Pinellas County, Florida. EXHIBIT A Ordinance no. 5952--95 PROPOSED ANNEXATION, LAND USE PLAN CLASSIFICATION AND ZONING OWNER: Douglas R. Birch, Trustee A: 95-25 ADDRESS: 2030 Calumet St. Clearwater, Ff. 34625 PROP981 1 DESCRIPTION: The South 235.0 ft. of the East 153.0 ft. of the West 318.88 ft. of Lot 9, Clearwater Industrial Park. LAND USE PLAN ZONING. COUNTY: Industrial Limited IL ACRES: 0.825 i l Limited IL Ind t CITY us r a : RIGHT-of-WAY: ACRES: ATLAS PAGE: 2628 SEC: 10 TWP: 29 S RGE: 15 E gNlVI11d.0020 IN{3 B0A?t0 pl CITY. COMMIS 10 < , ORDINANCE NQ. 5953.95 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTY LOCATED WEST OF LYNN AVENUE, CONSISTING OF LOT 6, BLOCK 16, HIGHLAND PINES, 3RD ADDITION, WHOSE POST OFFICE ADDRESS IS 1622 SHERWOOD STREET, INTO THE CORPORATE LIMITS OF THE CITY, AND REDEFINING THE BOUNDARY LINES OF THE CITY TO INCLUDE SAID ADDITION; PROVIDING AN EFFECTIVE DATE. WHEREAS, the owner of the real property described herein and depicted on the map attached hereto as Exhibit A has petitioned the City of Clearwater to annex the property into the City pursuant to Section 171.044, Florida Statutes, and the City has complied with all applicable requirements of Florida law in connection with this ordinance; now, therefore, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA Section 1. The following-described property is hereby annexed into the City of Clearwater and the boundary lines of the City are redefined accordingly: Lot 6, Block 16, Third Addition to Highland Pines Subdivision, according to the plat thereof, recorded in Plat Book 32, Page 71, public records of Pinellas County, Florida, together with the abutting right-of-way of Ridge Avenue. (A95-27) Section 2. The provisions of this ordinance are found and determined to be consistent with the City of Clearwater Comprehensive Plan. The City Commission hereby accepts the dedication of all easements, parks, rights-of-way and other dedications to the public which have heretofbre been made by plat, deed or user within the annexed property. The City Engineer, the City Clerk and the Central Permitting Director are directed to include and show the property described herein upon the official maps and records of the City. Section 3. This ordinance shall take effect immediately upon adoption. The City Clerk shall file certified copies of this ordinance, including the map attached hereto, with the Clerk of the Circuit Court and with the County Administrator of Pinellas County, Florida, within 7 days after adoption, and shall file a certified copy with the Florida Department of State within 30 days after adoption. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Approved as to form and legal sufficiency: tL kz' Pamela K Akin. City Attorney Attest January 4, 1996 Rita Garvey, Mayor-Commissioner Cynthia E. Goudeau, City Clerk Ordinance S953-9S 15 3F Eo m 0 1 HI 10 ° b ? m ? b 1304 t 12 3 a 5 O PIN ES O 10 9 8 7 6 ' ? 8 c ^o e io 1300 0 1 1111-11 /? 5 14 1503 3 1,,sox 7 SCOTT O b 12 1 f117 1116 2 11 1413 10 1412 3 a s 1 9 1408 ,10 1.102 g h 7 b ? ISV/ - 30 150 - 150314 3 1602 K 1503 14 3 150 2 t '2 STREET b b 1417 2 1 1 1416 1413 1110 3 10 g 4 9 1408 1409 Y V 1,04 5 8 1405 N 6 b w 7 C C n 6 PROPOSED ANNEXATION LAND USE PLAN CLASSIFICATION AND ZONING OWNER: Rebecca L. Hutto A: 95-27 ADDRESS: 1622 Sherwood Street Clearwater, Fl. 34615 PROPERTY DESCRIPTION: Highland Pines 3rd Addition, i Block 16, Lot 6. LAND USE PLAN ZONING COUNTY: Residential Low RS 8 ACRES: 0.20 CITY: Residential Low RS 8 RIGHT-of-WAY: ACRES: ATLAS PAGE: 270B SEC: 11 TWP: 29 S RGE: 15 E PLANNING AND ZONING 130AI1b CITY COMMISSION 12 III 11 1 10 141. 1411 4 9 14U 1407 14C 5 8 h 6 7 15 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE FUTURE LAND USE PLAN ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY, TO DESIGNATE THE LAND USE FOR CERTAIN REAL PROPERTY LOCATED WEST OF LYNN AVENUE, CONSISTING OF LOT 6, BLOCK 16, HIGHLAND PINES, 3RD ADDITION, WHOSE POST OFFICE ADDRESS IS 1622 SHERWOOD STREET, AS RESIDENTIAL LOW; PROVIDING AN EFFECTIVE DATE. WHEREAS, the amendment !o the future land use plan element of the comprehensive plan of the City as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's comprehensive plan; now, therefore, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The future land use plan element of the comprehensive plan of the City of Clearwater is amended by designating the land use category for the hereinafter described property as follows: Lot 6, Block 16, Third Addition to Residential Low Highland Pines Subdivision, according to the plat thereof, recorded in Plat Book 32, Page 71, public records of Pinellas County, FL, together with the abutting right-of-way of Ridge Avenue. (LUP 95-33) Section 2. This ordinance shall take effect immediately upon adoption, contingent upon and subject to the adoption of Ordinance No. 5953-95. PASSED ON FIRST READING January 4, 1996 PASSED ON SECOND AND FINAL READING AND ADOPTED Approved as to form and legal ciency: Pamela . Akin, City Attorney Rita Garvey, Mayor-Commissioner Mayor-Commissioner Attest: Cynthia E. Goudeau, City Clerk Ordinance No, $951.95 15 3F so to w 1 ; j O 1 H. m 10 1 ? 18 1607 13 1602 N 1 ^' 3 2 b b 0 a 150 14 1503 3 1602 15011 14 3 1602 < ?503 14 3 160 1 d 2 1 e 2 1 $° 2 b v SCOTT STREET b b 12 1 II l7 11i8 2 11 11/11 10 11/2 3 6 4 9 r 9 1108 14 1102 a Zvi o 7 ip b t r llfi 2 1416 [ 4 9 1409 D 1,104 5 8 1103 ? e 6 b b 7 -1 c c 6 PROPOSED ANNEXATION LAND USE PLAN CLASSIFICATION AND ZONING OWNER: Rebecca L. Hutto A: 95-27 ADDRESS: 1622 Sherwood Street Clearwater, Fl. 34615 PROPERTY DESCRIPTION: Highland Pines 3rd Addition, Block 16, Lot 6. LAND USE PLAN ZONING COUNTY: Residential Low RS 8 ACRES: 0.20 CITY: Residential Low RS 8 RIGHT-of-WAY: ACRES: ATLAS PAGE: 2708 SEC: 11 TWP: 29 S RGE: 15 E PLANNING AND ZONING BOARD.. CftY COMMISS1'01V o n $ b 1301 1 2 3 4 S 1 O IN S (g) 10 g 8 7 6 8 s m w e w e ? 1300 12 111, 11 10 141. 9 140. tIC 8 b 7 AGENDA DAMr KY ?17 y'1 >r. I TEM F s6 a AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY ZONING CERTAIN REAL PROPERTY LOCATED WEST OF LYNN AVENUE, CONSISTING OF LOT 6, BLOCK 16, HIGHLAND PINES, 3RD ADDITION, WHOSE POST OFFICE ADDRESS IS 1622 SHERWOOD STREET, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS SINGLE-FAMILY RESIDENTIAL 8 (RS-8); PROVIDING AN EFFECTIVE DATE. WHEREAS, the assignment of a zoning district classification as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's comprehensive plan; now, therefore, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following described property located in Pinellas County, Florida, is hereby zoned as indicated upon annexation into the City of Clearwater, and the zoning atlas of the City is amended, as follows: Lot 6, Block 16, Third Addition to Highland Pines Subdivision, according to the plat thereof, recorded in Plat Book 32, Page 71, public records of Pinellas County, FL, together with abutting right-of-way of Ridge Avenue. (A95-27) Siingle-Family Residential 8 (RS-8) Section 2. The Central Permitting Director is directed to revise the zoning atlas of the City in accordance with the foregoing amendment. Section 3. This ordinance shall take effect immediately upon adoption, subject to the adoption of Ordinance No. 5953-95. PASSED ON FIRST READING January 4, 1996 PASSED ON SECOND AND FINAL READING AND ADOPTED Rita Garvey Mayor-Commissioner Approved as to form and Attest: legal s iciency: k Pamela K. Akin, City Attorney Cynthia E. Goudeau, City Clerk Ordinanoo No. 5955-95 E? o o , F H 10 1 O e ? ? h 1JO• d 2 3 4 5 1 PIN ES (g) 10 9 7 8 6 > b t ?b , 6 e 1300 3 0 Q b r W7 2 11 1??6 1.13 1110 3 10 8 4 9 1108 1108 1104 5 8 Iros N b 6 e 7 C C 6 PROPOSED ANNEXATION LAND USE PLAN CLASSIFICATION AND ZONING OWNER: Rebecca L. Hutto A: 95-27 ADDRESS: 1622 Sherwood Street Clearwater, Fl. 34615 PROPERTY DESCRIPTION: Highland Pines 3rd Addition, Block 16, Lot 6. LAND USE PLAN ZONING COUNTY: Residential Low RS 8 ACRES: 0.20 CITY: Residential Low RS 8 RIGHT-of-WAY: ACRES: ATLAS PAGE: 270B SEC: 11 TWP: 29 S RGE: 15 E PLANNING AND ZONING BOARb CITY COINNIISSION } 8 i„c? Novi 30 Iso ?b07 1 3 14 1642 1503 1 Ib02 1503 14 60? < 1303 4 3 160 t n s 2 t h h 2 1.$ 2 t $ n 2 b b b b w SCOTT SPEE7 t: 12 Ifl 11 t0 9 140 14C 8 ti 7 QRDINANCE NO. 5959-96 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, VACATING A PORTION OF SOUTH SHORE; PROVIDING AN EFFECTIVE DATE. WHEREAS, Fisherman's Wharf of Clearwater, Inc., has requested that the City vacate the right-of-way and easement described herein; and WHEREAS, the City Commission finds that said right-of-way and easement is not necessary for municipal use and it is deemed to be to the best interest of the City and the general public that the same be vacated; now, therefore, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following: SEE EXHIBIT "A" ATTACHED HERETO. is hereby vacated, closed and released, and the City of Clearwater quitclaims and 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. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Approved as to form and and legal sufficiency: Paul Ri hard Hull Assistant City Attorney January 4, 1996 Rita Garvey Mayor-Commissioner Attest: Cynthia E. Goudeau City Clerk BOUNDARY SU ft VEY SCCIION 17, IOWNS141P 79 SOD111, RANI.[ IS EAST PINELLAS COUNTY, FLOMDA 50 Non rl l SI(EE I I OF 4 • t.I niuitO IQ III[ CITY Or CIEARWAIER. ItC010A r151IEnUAN'S WItARr Or Ct(ARWAIER BEACH. INC Ott) REPUBLIC NATIONAL nit[ m5UnANCE AND COASTAL BONDED IntE CO W CLEARWAIER N • . sD C?_ SCALE 1 W/0 - W 111 W I POIN T OF COMMENCEMENT 19 18 ? C Z9_IS 20 17 S.W. CDR. SEC FND• IO COR SE m 1. SOUnI eowroARr or SEC. 17-29-15 ti . SUR %T Y W/CA!' - M1111 CAP (P) . FLAT C A4. - CONCRETE MONUMENT (0) - OECD D.R. - OFFICIAL RECORDS FND. w FOUND SEC. - SEC 110N CONC. - CONCRE IE R/W - RI GI IT OF WAY O,R B. - OMCIAL RECORDS BOOK 1'.1.1.117. - TRUSTEES Or 111E INTERNAL IMPROVEMENT FUND (C) - CALCULATED, BASED ON FIELD MEASUREMENTS PLS - PROrESSIONAL LAND SURVEYOR BL ?U - BOULEVARD Q - OASEUNE I.R. - IRON ROO ? A1ER PA55 6L?. CLE VEY Z\ Alf Jr .C car Bt W. CURW NO, 3 N 00.22' "? H 12"56 '.M' f 1 2063 4•(C) °,` g.00 y y E. `PI VENT 2yt }6.ICI .?. ?,-' N rx0 3/6' A R ty' CURK 110. 2 20 Il wpo EASE CONSt" TON 25 3q (P) W/13 CAP ?ru0 s/u• in. CURVE DA 7A / - w/CAP Ply 1+492 n4o .'x1• C U POIN T OF CURVE NO, i BEGINNING DELTA 03'29'49-(C) '+ t ' sfr s I?R_ RADIUS 989.93'(C) SET W/CAP s/6'+ to R. 6-129--` R/{APte 6429 LENGTH 60.42(C) st rs/e'tR. C140RO 60.41(C) " JE 1 In W/tAP to 6420 BEARING N 05'58'27" W $ CURVE NO. 2 DELTA 29'16'55"(C) str RADIUS 1909.86'(C) W/CAP to 6429 u a LENGTH 976.06'(C) (-OT 2 ° LOT 2 CHORD 965 48'(C) BLOCK A 6 0 ?? BEARING N 27'35'03- E BAYSInr SHORES CURVE NO. J A DELTA 12.15'1J-(C) PLAT 8001! 58, PAGE 12 RADIUS J10.00 (C) c+ str 5/e-x LENGTH 66.30(C) MAP to 612! CHORD 66.17' C) SOUM R+CNT Or WAY t#4 C BEARING N 06'49 00- E Or sOVnt s+ront etw. 00. •13' * R CURVE NO. 4 St T s/6 't. R. -? >! DELTA OJ'25'J6"(C) W/tAr+ t8 6 29 Q RADIUS 1009.93 (C) (IN TA©L n LENGTH 60.a0(C) VA CHORD 60.39(C) LINE 1 S.89'18 J7'E. 20.21, C) f ' • a i R LINE ? N.89 18J7 W. 20.07 C) BEARING 5:05'SO'?9'E. o? c b NO TES: ? 1.) BEARINGS BASSO ON GRID BEARINGS BEING S.00'38'57" W. AL ONG 114E EAS TERL Y PL A T TEO RICH T OF WA Y OF CL£ARWATER PASS BOULEVARD. o 2.) ALL 01MENSIONS SHOWN ARE FIELD MEASURED UNLESS OTHERWISE NOTED. ^ MY Swwr hgvN rv : The City of Cleorwoter • SUAVEMA'S CERWICAR ECI(EZABAL & ASSOCIATES, INC. 6100 rv.w 4.0. M 1.11M M • WWI of r. Mlm klobi l-..•h -a Su1v?YlnO k Yolpl-p t. °. fb?4v 33604 -Ph V41F -1948 A41 .V .•w!t 04 VM-%? 40410 (313) 237-4731 SW4001 M"11 M M\Y oq«1an1 V &IWA W4 MA (813) 2311-910 Alto r ?PyI It 1.210,0 11?p16 w :!. )-------- Rcv+sluls J - i•-.-•r? Pw?«?... 6.•.• --- l'.-..?:.-1- n:::.,? :-1-?:?r-' ?"': :. -T-oe?. obM) A. llova+nn i.l?!_?..t ?at?Nii-.i E! __ ROR+0+1ItasitwotAUOARK 10 4561 EXHIBIT "A" firs umvty u01 VAUO UNtcss witowKD AR IVOosSto sURVEMR-11 sr At SKEET 2 Of ;1 PARENT TRACT SKETCH SECtiom 17, Towy4smr 29 SOUTH, RANGE 15 EASE PMELLAS COUNTY, rLORIDA IV j•!! TO S ALE NO( 5 BOULF vnRU (P) AR,,qATER PA WAY 6Y PLAT GLL 70' Ri0111 CX N. 77'J 7 j,2'w (P) Ia00 (P) 07'I N. 12 ?2?B E. (P) 1400 48. JJ (P) "-J' 5(P) A. 7J. 78 (P) C. - 73.64 (P) H, 0671 511. (P) 1 V R. =126.12 (P) A. = 99.51 (P) .o h .? 0 1 1 C. = 99. J2 (P) N. 70 55 22 "W (P) w 2 R. -160.78 (P) A. -176.92 (P) C. b 169.8.! (P) S. 83 51.0J"W. (P) 51.3p 20' TEMP. CONST. EASE. R. ,7u 00'(P) A ?31.4P(P) C. 78 28 (P) N. 15 07 '15 f. (P) -S.89 5?. '15 E'. (P) _ 61. J2 (P) LOT 2. BLOCI< A BAYSIDC SNORES PLA T BOOK 58 PAGE 12 TEMP. = TEMPORARY CONST. = CONSIRUCT/ON EASE. = EASEMENT R. - 1092.61 (P) A .172. J5' C. ¦ 172.171P) N.85 JS 58 E.(P) O M c 133 0 c c? g -o -o R. -280 66(P) A.-142.J6(P) C. a 1+0.81 (P) N. 66 JJ 07 E. (P) N. 52101 '15'E. (P) ??19.51 (P) ?y1?b this so..r r 4ww re : The Cif of Cieorwoler ECIIEZABAL & ASSOCIATES, INC. ONO W. F%VWG M. If..po- raw 13601 -9 Sw"Y;N 4 uooPSrq (111) 131- 413. ru (113) 136-6t>o SEE 9+EEI 1 Or 4 rOA SuRVSy"I colwKAn REVISIONS LT S) IEE 1 3 OF 4 DESCRIPTION SEClwf4 17, 10%NS111n 29 SOU M. 11AW C 15 LA51 PINELLAS COUNIr. rtOnIuA Description of Tract 10 A Parcel of land lying within Lot 2, Block "A" of Boyside Shores, as recorded in Plot Book 58, poge 12 0( (he Public Records of Pinellas County, Florida and being more particularly described as follows: Commence of the Southwest corner of said Section 17, Township 29 South, Ronge 15 Eost, Pinellas County, Florida; thence North 89'1031" Post, (Bearing boned on O.R. 1342, Page 278, Public Records of Pinellas County, Florida), along the South boundary of said Section 17, a distance of 84J.47 feet to a point on the baseline of survey of Gulf Boulevard, as now established; (the next five courses are along the baseline of surveyy of said Gulf Boulevard) thence North 42'13'31" East, a list-once of 1983.25 feet to the beginning of a curve, concave Northwesterly, having a radius of 1909.86 feet and o central angle of 29'16'55"; thence Northeasterly along the arc of said curve to the left, o distance of 976.06 feet, a chord which bears North 27',350,3 East, a distonce of 965.48 feet to the curves end; thence North 12'56'36" East, o distance of 1967.96 feet to a point of curvoture of a curve concave Westerly having a radius of 310.00 feet and a cen(rol angle of 12'15'1.3 thence Northerly along the orc of said curve to the left o distance of 66.30 feet, a chord which beors North 06'49'00" Eost, o distance of 66.17 feet to the curves end; thence North 00'41'23" East, a distance of 106.24 feet to a point in the Westerlyy extension of the Northerly right of way line South Shore Boulevord; thence South 89'18'37" Cost along the Westerly extension of the Northerly right of way line of said South Shore Boulevord, o distance of 61.32 feet to the POINT OF BEGINNING; thence continue along the Northerly right of way line of said South Shore Boulevard, South 89'18'37" East, o distance 133.77 feet; thence South 00'41'23" West, a distance of 60.00 feet to o point on the Southerly right „of way line of said South Shore Boulevord, thence North 89'18 37 West along the Southerly right of way line of said South Shore Boulevord, a distance of 1,6.75 feet to o point of intersection with a nontangent curve, concave Westerly, having o radius of 989.93 feet and a central angle of 0,329'4 9 , thence Northerly along the orc of :;aid curve to (fie left, a distance of 60.42 feet, o chord which bears North 05'58'27' West, o distance of 60.41 feet, to the POINT OF BEGINNING. Containing 7,797 square feet, more or Tess. SEE SHEET 4 OF 4 FOR CONTINUATION OF OE SCRIP TION ?. sw•a P vv#d r« : the city or C/eorworer Anvlah? ECIIEZABAL & ASSOCIATES, INC. 6100 M. fW49 A". 16? ". ryo.w 3M4 -61 - survor p k Uood^9 (61J) 231-4234 rAt (117) I74-400 SI[ Wtl i Or 4 fOR "VEVOR'! CINt"Al( r-- nutgoms 1111. SI ?E E T 4 OF 4 DESCRIPTION (C01)U1)LJ0CJ) SK 110N 1;. 10WISI111' 29 SOU 111. PAllr,l 15 [A31 I'111fI1AS COUNTY, f[UMDX Subject to u 20 foot Temporary Construction EasernetTt A Parcel of land lying within Lot 2, Block "A" of Boyside Shores, as recorded in Plat Book 58, page 12 of the Public Records of Pinellas County, Florida and bung more particularly described as follows: Commence at the Southwest corner of said Section 17, Township 29 South, Range 15 East, Pinellas County, Florida; thence North 89'1031" Eost, (Beoring based on O.R. 1342, Page 278, Public Records of Pinellas County, Florida), along the South boundary of said Section 17, a distance of 84J.47 feet to a point on the baseline of survey of Cull Boulevard, as now established; (the next five courses ore along the baseline of survey of said Gulf Boulevard) thence North 42'1331" East, a distance of 1983.25 feet to the beginning of a curve, concave Northwesterly, having a radius of 1909.86 feet and a central angle of 29'16"55"; thence Northeasterly along the arc of said curve to the left,l a distance of 976.06 feet, a chord which bears North 27'35 03 East, a distance of 965.48 feet to the curves end; thence North 12'56,36" East, a distance of 1967.96 feet to o point of curvolure of a curve concave Westerly having a radius of 310.00 feet and a central ongle of 12'15"13"; thence Northerly olony the arc of said curve to the left o distance of 66.30 feet, a chord which bears North 06'49"00" East, o distance of 66.17 feet to the curves end; thence North 00'41 '23" East, a distance of 106.24 feet to a point in the Westerlyy extension of the Northerly right of way line South Shore Boulevord; thence South 89'1837" tost along the Westerly extension of the Northerly right of way line of said South Shore Boulevord, o distance of 61.32 feet to the POINT OF BEGINNING; Thence South 89'1837" East along the North ri ll t of way line of South Shore Boulevard o distance of 20.21 /ee? to the beginning of a curve concave Westerly, having a radius of 1009.93 feet and a central angle of 03'2536 Thence Southerly along the arc of said curve to the right, a distotlce of 60.40 feet, a chord which bears South 05'50'29" East, a distance of 60.39 feet to curves end; Thence North 89'1837" West along the South right of way line of South Shore Boulevard o distance of 20.07 feet to a point of intersection with a nontongent curve, concave Westerly, having a radius of 989.93 feet and a central ongle of 03'2949"; Thence Northerly along the arc of said curve to left, a distance of 60.42 feet, a chord which bears North 05'5827" West, a distance of 60.41 feet, to the POINT OF BEGINNING. Containing 1,208.205 square feet, more or less. xtnw.e«?M 1+? r.:..?r to t..+. r...s, if t«i _ '• ?--_.__ IN, sr n+ rigo.0 r? The City of Creorwoter ECIIEZADAL & ASSOCIATES, INC. •6w w n..w M Is-". r».r. 73604 Swv.+inq r u0001nq I110) »r.4»i FAN (4131 134.1., r------?._._.._._ a vls•ows - tr... .. O..w low fir. ?' t • Onpl?llon 0+1• lion DOI* stt V01 I Or t ra SURATON's clulrimtl ORDINANCE No. 5960-96 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, VACATING THE FULL EAST/WEST RIGHT-OF-WAY OF PINELLAS STREET LYING BETWEEN THE NORTH/SOUTH CENTERLINE OF SECTION 21, TOWNSHIP 29 SOUTH, RANGE 15 EAST, (ALSO BEING THE CORPORATE BOUNDARY BETWEEN THE TOWN OF BELLEAIR AND THE CITY OF CLEARWATER) AND THE WESTERLY RIGHT-OF-WAY LINE OF BAY AVENUE, SUBJECT TO A DRAINAGE AND UTILITY, INGRESS AND EGRESS AND SIDEWALK EASEMENT WHICH IS RETAINED OVER THE FULL WIDTH THEREOF; PROVIDING AN EFFECTIVE DATE. 9 WHEREAS, Morton Plant Hospital Association, Inc., owner of real property located in the City of Clearwater, has requested that the City vacate the right-of-way described herein; and WHEREAS, the City Commission finds that said right-of-way is not necessary for municipal use and it is deemed to be to the best interest of the City and the general public that the same be vacated; now, therefore, . BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following: The full East/West Right-of-Way of Pinellas Street lying between the North/South centerline of Section 21, Township 29 South, Range 1S East (also being the corporate boundary between the Town of Belleair and the City of Clearwater) and the Westerly Right-of-Way of Bay Avenue, Pinellas County, Florida, is hereby vacated, closed and released, and the City of Clearwater quitclaims and releases all of its right, title and interest thereto, except that the City of Clearwater hereby retains a drainage and utility, ingress and egress and sidewalk easement over the full width of the described property for the installation and maintenance of any and all public utilities thereon. Section _2. The City Clerk shall record this ordinance in the public records of Pinellas County, Florida, following adoption. Section 3. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING January 4, 1996 PASSED ON SECOND AND FINAL READING AND ADOPTED Rita Garvey Mayor-Commissioner Approved as to form and and legal sufficiency: Jo Carassas Attest: Cynthia E. Goudeau PROPOSED VACA TIOjV I ? ?; MORTON PLANT 2'???• W HOSPITAL A< 26 > 24 4 12/15 z 0 U u W PINELLAS STREET C? 1?? • I 1 Q 16 Z Q 12 13 14 15 16 17 m v? B ? ??s I W 1? I F-- Q NQTE:- THIS IS NOT A SURVEY Drawn by. RMS Sect, 21-29-15 Date: 8/8/95 Vac, No,: 95-14 40 J ORDINANCE NO. 5961-96 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, VACATING THE WEST 2 FEET OF THE 12 FOOT DRAINAGE AND UTILITY EASEMENT LYING ALONG THE EAST SIDE OF LOT 27, WOODGATE OF COUNTRYSIDE UNIT ONE, LESS THE SOUTHERLY 5 FEET; PROVIDING AN EFFECTIVE DATE. WHEREAS, Edward and Sandra Joyce, located in the City of Clearwater, ha; vacate the drainage and utility easement WHEREAS, the City Commission finds necessary for municipal use and it is interest of the City and the general vacated; now, therefore, owners of real requested that described herein; that said easemei deemed to be to public that the BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following: property the City and at is not the best same be The West 2 feet of the 12 foot Drainage and Utility Easement lying along the East side of Lot 27, Woodgate of Countryside Unit One, less the Southerly 5 feet, as recorded in Plat Book 70, Page 13 of the Public Records of Pinellas County, Florida, is hereby vacated, closed and released, and the City of Clearwater quitclaims and 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. PASSED ON FIRST READING January 4, 1996 PASSED ON SECOND AND FINAL READI14G AND ADOPTED Rita Garvey Mayor-Commissioner Approved as to form and and legal sufficiency: n Carassas Assistant City Attorney Attest: Cynthia E. Goudeau City Clerk 161 p0 ? 26 ° 2'--- lo? ? MILLWOOD LN p00 z 27 Subject Q _ AT- - - J\ --] Property C10' Dr.-Util. Ease, ? 28 188 0 0 ?? --? 12' Dr.-Util. Ease. :R V? 1 NOTE: This is not a survey! See, 31-28-16 VACS 3-i6.d.q RUS ll./28/95 /: 0 ORDINANCE NO. 5965.96 AN ORDINANCE OF THE CITY OF CLEARWATER. FLORIDA. VACATING THE EAST 2.5 FEET OF THE 7.5-FOOT DRAINAGE AND UTILITY EASEMENT LYING ALONG THE WEST SIDE OF LOT 406, MORNINGSIDE ESTATES UNIT 4: PROVIDING AN EFFECTIVE DATE. WHEREAS, Dewa i ne and Adrienne Olson, owners 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 said easement is not necessary for municipal use and it is deemed to be to the best interest of the City and the general public that the same be vacated; now, therefore, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following: The East 2.5 feet of the 7.5-foot drainage and utility easement lying along the West side of Lot 406, Morningside Estates Unit 4, as recorded in Plat Book 61. Page 92, of the public records of Pinellas County, Florida. is hereby vacated, closed and released, and the City of Clearwater quitclaims and 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. PASSED ON FIRST READING January 4,_1996 __ PASSED ON SECOND AND FINAL READING AND ADOPTED Approved as to form and and legal sufficiency: o n arassas Assistant City Attorney Rita Garvey Mayor-Commissioner Attest: ynt is ou eau City Clerk 400 W 405 > 414 Of 2.5' 0 Subject Property 399 406 413 z 0 U) ?- 7.5' Dr.-Utl. Ease. z w 398 407 U 412 I I NOT: This is not a survey! See. 19-29-15 Vl?C9S-t9,0?q Rt1S 1t/se/9s 1 AGENDA DDT ITEM #? )- 17 ORDINANCE NO. 59 66-96 a? AN ORDINANCE OF THE CITY OF CLEARWATER. FLORIDA, VACATING THE 5-FOOT DRAINAGE AND UTILITY EASEMENT LYING ALONG THE NORTHEAST SIDE OF LOT 52, AMBLESIDE FIRST ADDITION, PROVIDING AN EFFECTIVE DATE. WHEREAS. Rebecca S. Diemer, 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 said easement is not necessary for municipal use and it is deemed to be to the best interest of the City and the general public that the same be vacated: now, therefore, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER. FLORIDA: Section 1. The following: The 5-foot drainage and utility easement lying along the Northeast side of Lot 52. Ambleside First Addition. as recorded in Plat Book 61, Page 8, of the public records of Pinellas County, Florida, is hereby vacated, closed and released, and the City of Clearwater quitclaims and 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. PASSED ON FIRST READING January 4, 1996 PASSED ON SECOND AND FINAL READING AND ADOPTED Approved as to form and and legal sufficiency: n arassas Assistant City Attorney Rita Garvey Mayor-Commissioner Attest: Cynthia E. ou eau City Clerk 1 C. R. 548 5' MR. Eose. 53A l'G~ 52C &M: This is not o survey! Sac. 11-29-15 VAC93-20.drq RMS 11 /28^' ORDINANCE NO. 5967-96 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, VACATING THE WEST 10 FEET OF THE SOUTH 563 FEET MOL OF THE WEST 1/2 OF THE EAST 1/2 OF THE SOUTHEAST 1/4 OF SECTION 6, TOWNSHIP 29 SOUTH, RANGE 16 EAST AND THE WEST 15 FEET MOL OF THE NORTH 1208 FEET MOL OF THE WEST 1/2 OF THE EAST 1/2 OF THE NORTHEAST 1/4 OF SECTION 7, TOWNSHIP 29 SOUTH, RANGE 16 EAST; PROVIDING AN EFFECTIVE DATE. WHEREAS, Florida Power Corporation, owner of real property located in the City of Clearwater, has requested that the City vacate the water easement described herein; and WHEREAS, the City Commission finds that said easement is not necessary for municipal use and it is deemed to be to the best interest of the City and the general public that the same be vacated; now, therefore, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following: See attached Exhibit "A." is hereby vacated, closed and released, and the City of Clearwater quitclaims and 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. PASSED ON FIRST READING January 4, 1996 PASSED ON SECOND AND FINAL READING AND ADOPTED Approved as to form and and legal sufficiency: ohn C. Carassas Assistant City Attorney Rita Garvey Mayor-Commissioner Attest: Cynthia E. Goudeau City Clerk WATER EASEMENT DESCRIPTION A water easement lying within a certain segment of the Florida Power Right-of-Way that is recorded in O.R. Book 1466, Pages 156- 158 of the Public Records of Pinellas County, Florida. Being more particularly described as follows: Commence at the SW corner of W. 1/2 of E. 1/2 of NE. 1/4 of Section 7, Township 29S., Range 16E., Pinellas County, Florida, and run thence N 00030140" E along the west boundary of the W. 1/2 of E. 1/2 of NE. 1/4 for 1454.97 feet to the POINT OF BEGINNING; continue thence N 00030140" E along said west boundary of the W. 1/2 of E. 1/2 of NE. 1/4 (also a portion of which is the east boundary line of Coachman Ridge Tract A-1 as recorded in Plat Book 83, Pages 62-64 of said Public Records) 1207.10 feet to the NW. corner of W. 1/2 of E. 1/2 of NE. 1/4 of Section 7, Township 29S., Range 16E.;thence N 001156122" E, along said west boundary of the W. 1/2 of E. 1/2 of SE. 1/4 (being also the said east boundary line of said Coachman Ridge Tract A-1), for 562.57 feet; thence S 88043113" E, along the north line of an easement described in O.R. Book 8310, Pages 3-6 of said Public Records, 10.00 feet; thence S 00056122" W for 562.27 feet,.to a point on the south boundary line of W. 1/2 of E. 1/2 of SE. 1/4 of Section 6, Township 29S., Range 16E.; thence S 00030140" W for 977.29 feet; thence S89°29' 20"E for 5.00 feet; thence S00030 l 4011W for 30.00 feet; thence N89112912011W for 5.00 feet; thence S0003014011W for 170.00 feet; thence S89029120'!E for 5.00 feet; thence S0003014011W for 30.00 feet; thence N89029120"W for 15.00 feet back to the POINT OF BEGINNING. Less that portion of right-of-way of State Road No. 590. wells ilc. tlin 1 F - < I B 1 7 A l l 10.00' S88'43'13"E STAG RUN BLVD 100' Eosement O.R. 8310-3 STAG RUN BLVD SW CORNER OF W 1 2 OF E 1/2 OF SE 1 4 OF 6-29-16 n n Ln N N N N to c0 Ln tJ w 3 N (V N (V Lo z cn o W E ` S 0 300' 600' SCALE FEET o a, c'! O N 0) NOTE: THIS IS NOT A SURVEY! LINE TABLE w 3 0 0 NO. LENGTH BEARING 1Q 5.00' S89'29'20"E © 30.00' SOO'30'40"W 0 5.00' N89'29'20"W ® 170.00' S00'30'40"W Q5 5.00' S89'29'20"E ® 30.00' S00'30'40"W Q7 15.00' N89'29'20"W P.O.B. w o ? ?r rn o .a o ? 0 z POINT OF COMMENCEMENT DETAIL SW CORNER OF W 1/2 OF E 1/2 OF NE 1/4 OF 7-29-16 CITY OF CLEARWATER, FLORIDA ENGINEERING DEPARTMENT DRAWN BY r DATE TLN 11 /21 /94 CHECKED BY EASEMENT SKETCH DWG NAME swis FOR WELL SITES 9414b i'-300' 1 OF a3 ORDINANCE No. 5968_96 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING ARTICLE III OF CHAPTER 29 CLEARWATER CODE OF ORDINANCES; DESIGNATING AN OFFICIAL CITY SEAL; ESTABLISHING GENERAL RESTRICTIONS ON THE USE OF SAID SEAL; PROVIDING AN EFFECTIVE DATE. WHEREAS, the State of Florida, pursuant to Section 165.043, Florida Statutes, has designated authority to the governing body of a municipality to designate, by ordinance, an official city seal; and WHEREAS, the State of Florida, pursuant to Section 164.043, Florida Statutes, has established penalties for the unauthorized use, display, or other employment of a city seal once it has been officially adopted; now therefore, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: &ctio 1 • The seal attached hereto as Exhibit A is hereby formally adopted as the Official City Seal of the City of Clearwater: (See Exhibit A, attached hereto.) Swim 2. That Chapter 2, Article III, is hereby amended to add section 2.005 to read as follows: 2.005 City Seal-General restrictions. It shall be unlawful for any person to manufacture, use, display, or otherwise employ in any manner or for any purpose whatsoever the seal of the city or any facsimile or reproduction thereof, except: (1) The officers and employees of the city in connection with the performance of their official duties; or (2) Such person shall have first obtained the written permission of the City Commission. Section .This ordinance shall take effect immediately upon adoption. ¦ I", PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Approved as to form and legal sufficiency: Pamela K. Akin City Attorney January 4, 1996 CITY OF CLEARWATER, FLORIDA Rita Garvey Mayor-Commissioner Attest: Cynthia E. Goudeau City Clerk 2 y ,v y? C7 i rc Cp`OFTyF? F'O"" EXHIBIT A q?,'r Jan-18-96 15:21 DAVID W. CAMPBELL 2310 Minneola Road - Clearwater, Florida 34624-4940 - (813) 725-1276 January 17, 1996 P.01 Mayor and Commissioners City of Clearwater P. O. Box 4748 Clearwater, Florida 34618-4748 via fax 462-6700 Dear Commissioners: The City's Community Response Team (CRT) worked with Information Management to develop a unique logo for it's then new team. The creative layout and design work was the i ` product of Barbara Metzger of the City's Graphic Communications Division. I would like to ` r bring the Commission's attention to her work because of it's beauty, popularity and overall s success. Not only is CRT's new logo being used on their stationary, vehicles, clothing, walls, etc., ,l. but it has also been "adopted" by other city government departments such as Central Permitting, r. with an abundance of public exposure. It's interesting to note that no effort was made to push or i sell the lobo - the product sold itself. In light of tomorrow night's Commission meeting reading of Ordinance 5968-96, designating an official seal, I thought it would be appropriate to consider adoption of a city logo as well. It seems that the new city logo is in some ways more pervasive than the city seal. Your consideration would be appreciated. ' Sincerely, i ,t is David W. Campbell i S. q?'- A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA, AUTHORIZING THE USE OF THE MUNICIPAL SEAL OF THE CITY OF CLEARWATER; PROVIDING AN EFFECTIVE DATE. WHEREAS, pursuant to Ordinance No. 5968-96, the City of Clearwater has adopted an official seal of the City; and WHEREAS, the City wishes to establish a process authorizing the use of the seal, now, therefore, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: motion 1, The City Manager is hereby authorized to approve use of the seal in writing as provided below: A. for use in connection with City co-sponsored events; B. for use on promotional material, advertising material, momentos, gifts and other such items for the City; Section 2. The City seal may be used by candidates for the City Commission of the City of Clearwater in their campaign literature. However, the seal may not be used in a manner which implies endorsement by the City. Section 3. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this day of 11996. Rita Garvey, Mayor-Commissioner Attest: Cynthia E. Goudeau, City Clerk Sir Item # - City Commission Meeting Date: Cover Memorandum _ J SUBJECT: FY 1995-96 HOME Funding Agreement RECOMMENDATION/MOTION: The City Commission approve the HOME Funding Agreement between the City of Clearwater and Pinellas County for funding to be provided under the HOME federal housing program. ® and that the appropriate officials be authorized to execute same. BACKGROUND: On June 3, 1993 the City Commission approved a three year extension of the cooperation agreement between the City and Pinellas County to use HOME funds. The agreement entitles the City to a portion of the HOME funding through the Pinellas County HOME Consortium. The funding is to be prorated according to the amount the federal government establishes for each participating entitlement community in the consortium. The City of Clearwater has been awarded $348,097 in HOME funds for FY 1995-1996. None of the funds have been expended to date. Staff recommends to fund the following projects during the fiscal year: ? Owner-Occupied Rehabilitation Program (Program provides funds to low to moderate income families to rehabilitate existing owner-occupied housing units) in the amount of . $156,644 ? Home-Buyer Assistance Program (Program provides funds to low to moderate income families to acquire single-family housing units) in the amount of ........... $156,644 ? Program Administration in the amount of ........................... $34,809 ? Total .................................................. $348,097 The HOME Program requires a match of 25% from non-federal sources (matching contributions may be in the form of cash from non-federal sources, real property, infrastructure improvements, or taxes, fees or charges that are waived, forgone, or deferred). The City of Clearwater has defined its non-federal match as those awarded through the State Housing Incentive Partnership (SHIP) Program and other project related resources. Reviewed by: Originating Dept: Costs: $348,097 Commission Action: Legal Budget - EONOMIC DEVELOPMENT., ?!/.? S:? cam(' ° Total ? Approved ? Approved w/conditions N%A Purchasing Risk Mgmt. NSA cis N/A User Dept: $348,097 Current Fiscal Yr. ? Denied ? Continued to: ACM f~- Funding Source: ? i other Cap tal Imp. Advertised: ? Operating Attachments: Date: Paper: ® Other HOME HOME Funding Agreement ® i d submitted by: Not Requ re Affected Parties Appropriation Code: 683-00000-128168-000-000 ? None i " ? Notified 683-00000-128171-000-000 city Rdna9/er 0 Not Required 683-00000-590200-581-000 i45 Printed on recycled paper Agreement # CLNV-95-HOME-35 FUNDING AGREEMENT PINELLAS COUNTY CONSORTIUM HOME PROGRAM FY 1995-96 ACTIVITY This Agreement is entered into this day of , 1995, by Pinellas County, Florida, apolitical subdivision of the State of Florida, hereinafter referred to as the "COUNTY" and City of Clearwater, Florida, hereinafter referred to as the "CITY", and WHEREAS COUNTY, as lead agency for the Pinellas County Consortium, has agreed with the United States Department of Housing and Urban Development, hereinafter referred to as "HUD" to administer the HOME program with federal financial assistance under the National Affordable Housing Act; and WHEREAS the Community Development Department, hereinafter called the "DEPARTMENT," will act on behalf of Pinellas County in conducting the program; and WHEREAS the CITY has proposed to provide housing rehabilitation assistance to homeowners and financing assistance to eligible homebuyers to purchase a home, and pay eligible administrative expenses in connection with this program, hereinafter referred to as the "PROJECT"; and WHEREAS the cost of PROJECT to COUNTY'S HOME program is 5348,097 (Three hundred forty-eight thousand, ninety-seven and "O/10,D dollars); and WHEREAS COUNTY has found that the PROJECT proposed by the CITY is consistent with its Consolidated Plan and is eligible for financing through the HOME program; NOW, THEREFORE, in mutual consideration of the promises and covenants contained herein, the parties agree as follows: 1. USE OF HOME FUNDS The CITY shall, in a satisfactory and timely manner as determined by the DEPARTMENT, carry out the PROJECT in accordance with this Agreement. Any changes to the Project must be approved by the DEPARTMENT and must be in conformance with HUD regulations for the HOME Program. 2. FUNDING TERMS COUNTY, through DEPARTMENT, will provide funds to carry out PROJECT upon receipt of HOME Program Payment Certification Voucher. CITY shall not request disbursement of funds until funds are needed for payment of eligible costs and the amount of each request must be limited to the amount needed. CITY shall ensure all funds provided under:this Agreement are expended on eligible projects, and are expended on or before September 30, 1996. 3. TERMINATION OF AGREEMENT COUNTY, through DEPARTMENT, may suspend, withhold or terminate payment for PROJECT for cause. Cause, which shall be determined by COUNTY, includes, but is not limited to the following: a) Improper use of PROJECT funds b) Failure to comply with the terms and conditions of this Agreement c) Refusal to accept conditions imposed by HUD Page I of 4 Agreement # CLW-95-IIOME-35 d) Submittal to DEPARTMENT of documentation which is incorrect or incomplete in any material respect e) Failure of CITY to obtain other necessary financing or approvals for PROJECT. O Failure of CITY to expend all funds provided under this Agreement on or before September 30, 1996. CITY may terminate Agreement without further obligation or penalty for cause or convenience upon written notice to DEPARTMENT, except that any funds disbursed and expended for HOME activities prior to termination shall remain subject to all applicable rules and regulations of the HOME Program. 4. AFFORDABILITY REQUIREMENTS All housing units assisted by CITY with HOME funds shall comply with the affordability requirements of 24 CFR §92.252. For activities involving homebuyer assistance, CITY shall administer the Resale Restrictions as submitted to and approved by HUD in the Pinellas County Consortiums Action Plan. DEPARTMENT shall provide guidance and tecluiical assistance to CITY in developing procedures to be used in enforcing affordability guidelines. 5. HOUSING QUALITY STANDARD CITY shall insure that the HOME assisted housing is maintained in compliance with Housing Quality Standards as established by HUD for the Section 8 Program and local housing code requirements for the duration of the period of affordability for each HOME assisted property. CITY shall conduct annual inspections of each rental property to confirm compliance, submit supporting documentation to DEPARTMENT, and establish procedures approved by DEPARTMENT to remedy instances of noncompliance. 6. RECORDS AND REPORTS CITY shall retain all records pertaining to all activities conducted under the PROJECT for a period of three years after audit and/or resolution of audit findings involving this Agreement. These records shall be made available to COUNTY, HUD and/or representative's of the Comptroller General of the United States for audit, inspection or copying purposes during normal business hours. 7. PROGRAM INCOME All repayment, interest, and other return on the investment of HOME funds under PROJECT shall be remitted to COUNTY through DEPARTMENT. These funds shall be deposited in the HOME tru,-t fund and made available to the Pinellas County for eligible HOME activities described in the Pinellas County Consortium's Action Plan as may be amended from time to time. 8. ADMINISTRATIVE AND PROGRAM REQUIREMENTS CITY shall comply with applicable uniform administrative requirements as described at 24 CFR §92.505. CITY shall carry out each activity under PROJECT in compliance with all federal laws and regulations described in subpart H of 24 CFR §92, except that CITY shall not assume responsibility for environmental review or the intergovernmental review process, which shall be the responsibility of DEPARTMENT. 9. ENFORCEMENT OF AGREEMENT CITY shall require all property owners who receive HOME funds under PROJECT to execute a Note and Mortgage in favor of the Pinellas County Consortium. The form of Note and Mortgage shall be approved by DEPARTMENT. Resale restrictions or provisions for the recapture of funds for assisted owner occupied units shall be approved by Page 2 of 4 Agreement # CLW-95-ROME-35 DEPARTMENT. DEPARTMENT shall approve CITY's procedures for carrying out PROJECT prior to disbursing HOME funds to CITY. 10. ASSIGNMENT OF INTEREST CITY shall not assign any interest in this Agreement without prior written consent of COUNTY. 11. HOLD HARMLESS COUNTY and CITY agree that each will save the other harmless due to the negligent acts of its employees, officers or agents, including volunteers, or due to any negligent operation of equipment. CITY and COUNTY shall only be obligated to defend and hold harmless the other under this agreement to the extent that each may be held liable under Chapter 768.28 of the Florida Statutes, as it may be amended from time to time. This section shall not be construed as waiving any defense or limitation which either parry may have against any claim or course of actions by any person not a party of this Agreement, subject to Section 768.28 of the Florida Statutes, as they may be amended from time to time. 12. TERM OF AGREEMENT This Agreement shall remain in effect during the entire affordability period for the HOME assisted units. Expenditure of all funds for PROJECT does not constitute fulfillment of CITY's responsibilities under this Agreement. Repayment of HOME funds expended for PROJECT does not constitute fulfillment of CITY's responsibilities under this Agreement. In the event this Agreement is terminated in accordance with paragraph three (3) of this Agreement, DEPARTMENT shall be responsible for insuring that units assisted with HOME funds under PROJECT remain in compliance with applicable HOME regulations. Upon expiration or termination of Agreement, CITY shall transfer to COUNTY through DEPARTMENT any HOME funds on hand and any accounts receivable attributable to the use of HOME funds. Such assets shall be handled in the manner prescribed for program income in paragraph seven (7) of this Agreement. 14. RELIGIOUS ORGANIZATIONS If HOME funds for PROJECT are used to assist any religious organization, CITY shall include the conditions prescribed in 24 CFR §92.257 in its written agreement with such religious organization. 15. INSURANCE The CITY shall require of contractors doing construction or rehabilitation work liability and builder's risk insurance coverage with sufficient limits to protect the Pinellas County Consortium's interest and grant funds invested in the property, as well as worker's compensation insurance as required by law. In cases of rehabilitation activities, adequate homeowner's insurance coverage obviate the need for builder's risk insurance. END OF CONTRACT PROVISIONS SIGNATURE PAGE FOLLOWS Page 3 of 4 A:%cLw95110%+.srn Agreement # CLW-95-HOME-35 IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed, the day and year first above written. COUNTERSIGNED: Rita Garvey, Mayor-Commissioner APPROVED AS TO FORM AND LEGAL SUFFICIENCY: John Carassas, Asst. City Attorney ATTEST: KARLEEN F. DeBLAKER, CLERK By: Deputy Clerk CITY OF CLEARWATER BY: Elizabeth M. Deptula, City Manager ATTEST: Cynthia E. Goudeau, City Clerk PINELLAS COUNTY, FLORIDA by and through its Board *of County Commissioners By: Steve Seibert, Chairman Page 4 of 4 AACLW95N0.%I,5PA J. T? ACS E N*DA' ITEM #-411n F 5 9? w i c Clearwater City Commission Agenda Cover Memorandum Item # Meeting Date: SUBJECT: Purchase of Two Light Trucks, Two Vans, Two Utility Vehicles RECOMMENDATION/MOTION: Award a contract to: Bill Currie Ford, Tampa, FL for the purchase of one (1) 1996 mid-size window van, at a cost of $17,437; which is the lowest, most responsive and responsible bid submitted in accordance with the Police Department's specifications/ requirements; approve the purchase of the following vehicles under the Florida Sheriff's Association Bid No. 95-03-0925: two 1996 4-door utility vehicles, at a cost of $37,248, from Brandon Chrysler-Plymouth-Jeep Eagle, Brandon; two 1996 1/2 ton pickups with topper and bedliner, at a cost of $31,444.50, from Carlisle Ford, St. Petersburg, and award an administrative fee of $200 or $50/vehicle to the Florida Sheriff's Association; approve the purchase of one 1996 full-size panel truck, at a cost $17,744 from Regency Dodge, Inc., Jacksonville, under State Contract No. 070-300-403; in accordance with Section 2.564(1)(d) of the Clearwater Code of Ordinances; the total cost of these purchases not to exceed $104,073.50; funding to be provided under the City's master lease purchase agreement; ® and that the appropriate officials be authorized to execute same. SUMMARY: ? For the last several years, the Police Department has incorporated six confiscated trucks into their Investigative Division vehicle fleet. ? Replacement of the trucks is recommended by the City Manager, Chief of Police, and General Service's Fleet staff. ? This vehicle purchase consists of mixed sizes and colors to meet the Police Department's surveillance and other unique needs. ? The cost for premium warranties was not included in the bid solicitation; $6,330.00 has been added to the bid price. Reviewed by: Originating Dept: Costs: S104.073.50 Comission Action: Legal NIA ' General Servil-r-Aft Total ? Approved Budget - Purchasing < < It $17 516 58 13 Approved w/conditions Risk Mgmt. N/A User Dept: . . Current Fiscal Yr. 11 Denied cis N ACM r=-- Police e De par M ?? Funding Source: 13 Continued to: Other ! ® Capital Imp. Advertised: ? Operating Attachments: Date: 10/27 & 11/3/95 ? Other Bid Tabulation/Summery (7,) Paper: Tribune $ PC Review ? Not Required submitted by: Affected Parties ? None 6 Notified Appropriation Cade. ??' 4?zl Ci M nager ? Not Required 315-94221-564100-590-000 0 Printed on recycled paper - 2 - ? Funding for these trucks, in the amount of $104,073.50 will come from CIP project Motorized Equipment-Lease Purchase, 315-94221-564100-590-000, which has available funds of $1,187,039.27 as of December 22, 1995. ? Fiscal year 1995/96 budgeting impact is approximately $17,516.58 (principal: $14,772.12; interest: $2,744.46). '1 5 a w w M n 1 w a w o 0 N • • r r • v O o 0 0 R i w n + ; L r .I w w N y 8 .• .• ? o v O O O O r .• v n r • w on • w V v r v w ri • 0 O 1 % • V O t h • o ; o M • . N n O • 1. • O O a • • w • V N M • n O V N P1 • o n ° ? • ; V w w 4 T T • .? • • N w N • N n A ii i v •i w ?. N n w n N .4 .4 q a w • .4 w r n ? w • 0 0 I N 0 0 f+ n 0 } O Q6 CIO I• A 0 rl O F ~ w st • • . • \ • 0 0 0 0 0 0 o 0 r • T w • ? • N • w • r w o w ri ; 0 0 ? n • n . • n 1M • V N O O O O .• ? 1'• M O O O O N T N N M O •? T w w o w p N • N v 5 w o Fl n • .1 . n .• • 0 0 M • • M • V O O O O • a O O O O • ? 1 n • 111 w O • • • ?[ Y s La • . • T M H M ? H N • • N N O M H r• • n /• O O O O N O I'1 ~ 1 • O O O O T f V h F N ((++ p• . 3 ? n n .? ? Tii N • w F • T A ? • O O vl a O O O O O O A N f? O A • ; ? ?•(( ? ?(( A • w1 T • 01 Q M v v n r ; N o M N .M ? O • N N r/ r ? r• O O O O O rM O n O O 0 1 0 N (+ 'j~'j A M T 0" QQ F V V .? N • ?1 A M M w v F • n .d .1 O. a q w• ! ~ o ti ~ M ; O N IIA r ? ? ? J M~ ? yM? ? M p r . ! li /1 H Y M ? : : a a r i CLEA.RWATER CITY COMMISSION _ Agenda Cover Memorandum I am # Meeting Date: 1118/96 SUDZECT: INTERACTIVE VIDEO WATER INFORMATION DISPLAY RECOMMENDATION/MOTION: APPROVE COOPERATIVE AGREEMENT BETWEEN THE SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT AND THE CITY OF CLEARWATER REGARDING THE PLACEMENT OF AN INTERACTIVE VIDEO WATER INFORMATION DISPLAY AT MOCCASIN LAKE PARK __2_. and that the appropriate officials be authorized to execute same. BACKGROMD: In 1994, the Moccasin Lake Nature Park staff was notified of a Southwest Florida Water Management District project to design and construct Interactive Video Water Information Displays for placement in area nature parks. A funding pool of $50,000 had been allocated to construct a total of five displays for placement in five selected nature parks. Moccasin Lake Nature Park had been selected as one of the potential display placement sites. Staff from the selected nature parks were afforded the opportunity to work with the chosen vendors on display design and content. The staff at Moccasin Lake participated in this process. These educational displays are now completed and they contain information in the following areas: Water Sources, Water Quality, Natural Water Systems, Flood Protection, Water Conservation and Site Specifics of the nature park where they are targeted for placement. The purpose of the project is to "Promote Water Resource Education Through a Public Viewing of These Displays". Sufficient space is available in the park's interpretive center and it is felt that this display will be a valuable addition to the current educational opportunities. Current resources at Moccasin Lake Park are sufficient to satisfy the basic City obligations contained in the proposed agreement. These obligations are to provide an adequate viewing area for the display at a location that provides appropriate access to the public and to treat and provide security for the display at the same level that is done for our own displays and exhibit materials. In addition, the City will be responsible for any damage beyond depreciation due to normal use. Staff feels the value of this educational tool is worth the damage responsibility exposure. Reviewed by: Originating Dept.: Costs: N/A _ Commission Action: > Legal Parks & Recre k\xn ol ____ Approved Budget Approved w/conditions - Purchasing User Dept.: current Denie - Risk Mgmt. Parks & Recr n -Continued to cis ? Funding Source: ACM Advertised: _ Capt. Imp. Other Date. Operating Attachments: Pa er: Other A r ent 1 p _ g eem . Submitted by: X Not required Affected parties Appropriation Code: _ Notified 04 /manager Not required None AGREEMENT NO. COOPERATIVE AGREEMENT BETWEEN THE SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT AND THE CITY OF CLEARWATER For Interactive Video Water Information Display This COOPERATIVE AGREEMENT is entered into this day of , 1995, by and between the SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT, a public corporation created by Chapter 61-691, Laws of Florida, as amended (hereinafter DISTRICT), and the CITY OF CLEARWATER, a municipal corporation of the State of Florida (hereinafter CITY). WITNESSETH: WHEREAS, the DISTRICT desires to engage the CITY to operate an Interactive Video Water Information Display at Moccasin Lake Park in an effort to promote water resource education through a public viewing of this display (hereinafter the PROJECT). NOW, THEREFORE, in consideration of the premises and the mutual covenants, conditions and terms set forth herein, the DISTRICT and the CITY agree as follows: I - PROJECT MANAGER. The DISTRICT and the CITY shall each designate an employee or, other lawful representative, as Project Manager for purposes of maintaining coordination and review of the PROJECT. Each party's Project Manager shall have sole and complete responsibility to transmit instructions, receive information, interpret and communicate policies and decisions with respect to all matters pertinent to this Agreement. 2 - PARTY OBLIGATIONS. Each party to this Agreement shall timely perform all contractual obligations, including the specific obligations set forth below: 2.1 DISTRICT Obligations: 2.1.1 The DISTRICT shall deliver the display to the CITY. 2.1.2 The DISTRICT Project Manager shall be available to answer questions concerning the installation of the display. 2.2 CITY Obligations: 2.2.1 The CITY shall provide an adequate viewing area for the display at a location that provides appropriate access to the public. Page 1 of 3 2.2.2 The CITY shall treat and provide security for the display at the same level that it does for its own displays and exhibit materials. 2.2.3 The CITY shall be liable for damage to the display beyond depreciation due to normal use. 3 -TERM OF AGREEMENT. This Agreement shall commence on the date of execution and shall remain in effect until terminated in accordance with Section 4 of this Agreement. 4 - TERMINATION. This Agreement may be terminated by the DISTRICT or the CITY without cause upon giving the CITY thirty (30) days written notice. Termination shall be effective upon the thirtieth (30th) day after the non-terminating party receives said notice. 5 - ASSIGNMENT. Neither the DISTRICT nor the CITY may assign or transfer its rights or obligations under this Agreement without prior written consent of the other party. 6 - NOTICES. All notices required to be given to the DISTRICT shall be hand delivered or sent by U. S. mail, postage paid, to the following address: Southwest Florida Water Management District 2379 Broad Street Brooksville, Florida 34609-6899 All notices required to be given to the CITY shall be hand delivered or sent by U.S. Mail, postage paid, to the following address: Moccasin Lake Nature Park 2750 Park Trail Lane Clearwater, Florida 34619 7 - THIRD PARTY BENEFICIARIES. Nothing in this Agreement shall be construed to benefit any person or entity not a party to this Agreement. 8 - MODIFICATIONS. This Agreement constitutes the entire agreement between the parties and may be amended only by a written mutual agreement specifically referencing this Agreement and signed by all parties hereto. This space left blank intentionally. Page 2 of 3 IN WITNESS WHEREOF, the parties hereto, or their lawful representatives, have executed this Agreement as of the date first above written. Witness Attest Cynthia E. Goudeau City Clerk SOUTRWEST FLORIDA WATER MANAGEMENT DISTRICT By: Peter G. Hubbell, Executive Director Date Federal Employer ID#: 59-0965067 CITY OF CLEARWATER, FLORIDA By: Elizabeth Deptula, City Manager Date By: Rita Garvey, Mayor-Commissioner Date Approved as to form and legal sufficiency: By: -- ?--<-- 12 - z -? Assistant City Attorney Date Jvhn C?a ra ssa? Federal ID#: 59-6000289 COOPERATIVE AGREEMENT BETWEEN THE SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT AND THE CITY OF CLEARWATER For Interactive Video Water Information Display APPROVED BY: INITIALS DATE LEGAL • RISK MGMT CONTRACTS PC DEPT DIR DEPUTY EXEC DIR Page 3 of 3 S? SW Clearwater City Commission Agenda Cover Memorandum Item ti: Meeting Date: ?P SUBJECT: PURCHASE OF ONE SEMI-AUTOMATED RECYCLING VEHICLE RECOMMENDATION/MOTION: Award a contract to Crane Carrier Company, Tulsa, OK., for the purchase of one 1995 Crane Carrier Centurion L.E.T. Truck with a GS-Products Semi-automated Recycling Body, at a cost of $99,700 which is the only bid submitted in accordance with the specifications, financing to be provided under the City's master lease-purchase agreement [x] and that the appropriate officials be authorized to execute same. BACKGROUND: Ten bids were solicited. There were four no response and five no-bid response. One was received from Crane Carrier Company. The bid received fully met the specifications and was in the price range expected, therefore staff recommends Bid No. 132-95 be awarded to this vendor. The vehicle is a dual-side semi-automated recycling collection truck with a 36 yard capacity sectioned into five adjustable compartments and equipped with a plastic densifier capable of a five-to-one compaction ratio. It will dump seven semi-automated carts simultaneously. The vehicle is capable of serving residential or multi-family customers but the intended use of the vehicle is to improve our multi-family recycling collection capability and allow expansion of the multi-family recycling program. The purchase of this collection vehicle makes available to the multi-family program the ability to cost effectively collect plastic jugs and bottles, extends time on routes due to its larger capacity, and reduces operating costs. The added capabilities of this vehicle should enhance program profitability as well as provide better service to multi-family customers. The budgeted funding in the recycling vehicle capital improvement project is sufficient to fund this purchase. Reviewed by: Originating Department: Costs: $99.700.00 Commission Action: Legal N/A Solid Waste ? Approved Budget YrJ, Total ? Approved with Conditions Purchasing 0000' User Department: ? Denied Risk Mgmt. N/A Solid Waste Current Fiscal Year ? Continued to: Is N/A Funding Source: $99,700.00 ACM ? Capital Improvement: Other Advertised: ? Operating: Date: 7/14/95 & 7/21/95 ? Other Attachments: Paper: Pinellas Review & Bid Summary -=' Tampa Tribune Submitted by: ? Not Required Appropriation Code 3 1 5-9680 1- _ G. Affected Parties 564100-534 ® Notified ? None City Manager ? Not Required 0 Printed on recycled paper i CITY or CLBA WATER BID 133-95 OPENED AtMUST 4, 1995 BID TAB ITEM NO. DESCRIPTION 1 SMIX-AUTOMATED RECYCLING VESICLE DELIVERY: TERMS: SUMMaT OF BID 131-95 BIDS SOLICITED: 10 BIDS RECEIVED: 1 NO RESPONSE: 4 NO-BID RESPONSE: 5 SL1OMRY OF NO BIDS DO NOT OFFER PRODUCT: 3 UNABLE TO MEET SPECIFICATIONS: 1 NOT AUTHORIZED DISTRIBUTOR 1 SEMI-AUTOMATED RECYCLING VEHICLE CRANE CARRIER CO. TULSA, OKLAHOMA TOTAL PRICE 99,700.00 .......... 165 DAYS NET ?8 I C I T Y O F C L E A R W A T E R Interdepasrtment Correspondence Sheet TO: John Carassas, Assistant City Attorney FROM: Earl Barrett, Real Estate Services Manager SUBJECT: Utilities easement from Monin, Inc. COPIES: Bob Perkins, Civil Engineer II DATE: December 20, 1995 Attached is an executed and recorded utilities easement granted the City by Monin, Inc. on December 4, 1995. Bob Perkins asked that I forward the document for presentation to and acceptance by the City Commission, even though Monin's attorney, Larry Crow, has already recorded the document. Mr. Crow's phone number is attached, along with the business card for James Agett, the contractor with Benchmark Builders, Inc., if you have any questions. DEC 21 1995 CITY ATTORNEY INST # 95-313749 DEC 11, 1995 10:15AM Pared ID Number: 12/29/15/701821/100/1300 Gsantee /1 IM PINELLAS COUNTY FLA. OFF.REC.BK 9188 PG 1995 Warranty Deed / 'This Indenture, Made this day of aC?eetl)"o ! ,19 A.D., Between Monin, Inc., a corporation existing under the laws of the state of Florida of the County of PINELi "AS , state or Florida , grantor, and City of Clearwater, a Political Subdivision, whose addr= is 112 S. Osceola Avenue, Clearwater, Florida of the County of Pinellas , state of Florida , grantee. Wltnesseth that the GRANTOR for and in consideration of the cum of - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - --------------------- TEN& N01100($10.00) --------- ------------ DouARs, and other good and valuable consideration to GRANTOR in hand paid by GRANTEE, the receipt wbemof is hereby acknowledged, has granted, bargained and sold to the said GRAMM and GRANTEE'S heirs and assigns forever, the following described land, situate, lying and being in the County of Pinellas State of Florida to wit: A Perpetual Easement for Utility purposes, over, under and across the following described property: SEE ATTACHED EXHIBIT "A« r s. O1 kc? r nr:I?V? IC230043 PAL 12-11-1995 08:$5:33 01 DED-MOHIN INC PC RECORDING 1 $10.50 G . DOC STAMP - DR219 3 $.70 Documentary Tex Pd. 1 TOTAL: 111.20 ` Intangible Tax Pd' CHECK AMT.TENDERED: $11.20 r C wk. Pinellas County CHANGE: 1.00 C• : _ _ _ evrleen F. ! t)eputy Clut and the grantor does hereby fully warrant the title to said load, and will defend the ame t lawful claims of all persons whomsoever. In Witness Whereof, the grantor has hereunto set his ban and the day and year first above written. Signed, sealed and delivered In our presence: O t. By: c3 ted ame: Lars- - resident Witness P.O. Add U.S. 19 North, CLEARWATER, FL 34625 nnted Name: G/J y/lcnY L cs- Gr@?'?,/ Witness - STATE OF Florida (Corporate Seal) COUNTY OF PINED AS /? 'the foregoing instrument was acknowledged before me this 7'CA day of N??'??J?Ck e/1J , 19 7J_ by Fars-Erik Persson, President of Monin, Inc., . Florida corporation, on behalf of the corporation He is personally known to D `r has produced his Florida driver's license as Identification. This Document Prepared By: WRENCB D. CROW `? CROW d JOSMI Attorneys at Law P nted ame: aFFiCtAi NflTetzv SfgL 1266 S. Pinellas Avenue NOTARY PUBLIC State of Florida Tarpon Sprinpr, FL 31689 My Commission Expires: Lucy McNeill r Iwo My Comm Exp 6.16.97 gau°l"ti?-UV FormmFlWDr No CC 294778 PINELLAS COUNTY FLA. OFF.REC.BK 9188 PG 1496 DESCRIPTION: OVERALL PROPERTY THE WEST 288.52 FEET (AS MEASRURED FROM THE 40 ACRE UNE) OF LOT 13 IN THE NORTHEAST 1/4 OF SECTION 12. TOWNSHIP 29 SOUTH, RANGE 15 EAST, PINELLAS GROVE7, AS RECORDED IN PLAT BOOK 3, PAGE 15, OF THE PUBUC RECORDS OF PINELLAS COUNTY, FLORIDA. LYING SOUTH OF THE S.A-L RAILROAD, RIGHT OF WAY, LESS AND EXCEPT THAT PORTION OF THE ABOVE DESCRIBED PROPERTY GIVEN FOR RIGHT OF WAY FOR SUNSHINE DRIVE AS RECORDED IN O.R. BOOK 5205. PAGES 85/91, PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA. WATER UNE EASEMENT: THE SOUTH 10.0 FEET OF THE EAST 155.0 FEET AND THE WEST 10.0' OF THE EAST 24.0 FEET OF THE SOUTH 200.0 FEET OF THE ABOVE DESCRIBED PROPERTY. WHERE THE SOUTH 40 ACRE LINE AND THE CENTERLINE OF RANGE ROAD BEARS S.89'20'02"E. SECTION 12 TTkTiST-1P 20 S., ROL15 E PIKE LAS COUNTY, FT.A. SCALE ' 1'x+60 BRGAOTATTON BY PLAT ?n N?2$6• 5o D• < OI W Skc f? < it -`" A(RD&o R/GyT of 8 ~ 2702 71 z FOUND 5/8' glow IRON PIN flM? g 44.5 120.0' Z a 94.0' w V A??ff w z Z _ ? ? a PPO I manufacturing g < plant 20 10 W a Z O W w a i}j z < ? T7 ~ 8 ??<gW g O 120.0' 44.5 94.0' o O iE m Z z .__ ...? _._. r 21.80 y m ? uI10?g9 Z I- I 3 AREA 16.0 W ? W 6 o ? FY < w 3 A 82.33' M o "n ??AW ?• I g •- b o$ W IF 7 - Lo 0. co S89'20'02"E w? o LL. LLJ ti V,r O ^ C! b FFZ? OCR W N z N 10.0 water ease. 14' < ._ P.O.e 155.0' ? N ? x'15 z 0 cV U- o 0 W. N89'20'0 02"W 12.0' 258.519 ly o P- 3 w w o g 40.0' R/W RANGE ROAD o a a! z c/) 133.52' Z C/L RANGE ROAD ( 40 ACRE UNE) S89'20'02'E 258.52 < THIS DRAWING CER'TIFICA'TION IS LIMITED TO THE PARTIES EUGENE S. CAUDELL NOT VALID UNLESS LISTED AND IS NOT TRANSFERABLE. SHOULD ADDITIONAL FLORIDA RLS 2311 EMBOSSED WITH EASEMENTS OR OTHER CHANGES OCCUR ON OR TO THE 3520 7th AVENUE S.E. SURWYORS SEAL PROPERTY THIS CERTIFCA11ON IS VOID. LARGO, FLORIDA s 34641 CERTIFIED 70: (813) 531 6448 CERTIFICATION LEGEND FLOOD PLANE: I HERBY CERTIFY THAT I HAVE RECENTLY SURVEYED THE IIY PANEL COMMUMN COMMUM ABOVE DESCRIBED PROPERTY AND THE ABOVE GROUND OOPEN ENO PIPE NUMBER: IMPROVEMENTS SHOWN HEREON ARE A TRUE REPRESENTATION [1 CONCRETE MONUMENT THEREOF AND THAT THERE ARE NO ENCROACHMENTS EITHER MINIMUM ELEVATION: WAY ACROSS THE PROPERTY ONES EXCEPT AS SHOWN. i • IRON PIN FUTHER CERTIFY THAT THIS SURVEY MEETS THE MINIMUM REVISION DATE ; TECFINICAL STANDARDS OF CHAPTER 61017-6. FLORIDA ADMINISTRATIVE CODE PURSUANT TO SECTION 472.027, FLORIDA STATUTES. DATE OF SURVEY OCT. 15,1995 TYPE OF SURVEY WATER UNE EASEMENT 30 CITY OF 'CLEARWATER Interdepartmental Correspondence Sheet TO: Pam Akin, City Attorney FRONT: John Carassas, Asst. City Attorney COPY: SUBJECT: Conveyance of Park Place Blvd. ROW DATE: December 21, 1995 Enclosed you will find a recorded warranty deed from Park Place Land, Ltd. to the City of Clearwater dedicating a portion of Park Place Blvd. as shown on the exhibit to the special warranty deed. The special warranty deed was recorded pursuant to Ordinance No. 5722-95, paragraph N1. Please put on the City Commission agenda for approval and forward to the City Cleric. r 95 SPT 28, 19 ' AOO.ne 4 \?> This Instrument Prepared by. Gerald J. Biondo, Esq. v ?furai, Wald, Biondo b Moreno, P.A. Aon..,, 25 S.E. 2nd Avenue, Suite 900 ; Miami, Fl, 33131 s Property Appraisers Parcel Identification (Folio) Number(s): 1729 1600000 230 0130 Grantee(s) S.S. ytsl: SPACE ABOVE THIS UNE FOR PROCESSING DATA L PINELLAS COUNTY FLA. OFF.REC.BK 9119 PIS 409 8267 113th S Oa'I North _ Sotwi w* Fakk 34$42.4128 v Cp",a W EXTH LAND TM t1V8., 00, 6287113th 8"a Noah SOf ?1O110, F? 946't8'4128 d- 1.2 97-777 SPACE ABOVE THIS UNE FOR RECORDING DATA 041s Iftetiat 39arruntg 19eeb Afade the j3_ h day of September A.D. 1995 by PARK PLACE LAND, LTD., a Florida limited partnership, hereinafter called the grantor, to THE CITY OF CLEARWATER whose post office address is c/o City Attorney, John Carasas, Esq. P.O. Box 4748 hereinafter called the grantee: Clearwater, FL 34618 (Wherever used herein the teniu 'rr tor' and 'grantee' Incline all the parse. to this Irutruurent and We helm, I,gal representatives and assigns of indirid ualr, and the suecesanm and assigns or cop.omaons.) 30itntoseth: That the grantor, for and in consideration of the sum of $ 10.00 and other valuable considerations, receipt whereof is hereby acknowledged, hereby grants, bargains, sells, aliens, remises, releases, conveys and co%lifirms unto the grantee all that certain land situate in Pinellas County, Slate of Florida , viz; D fl 31i s SEE EXHIBIT "A" ATTACHED HERETO. Imc INT Cocumentar Tax Pd '76 ml3i?h9 JAR O9-28-1u95 1,3: j-2:::4 FEES t s 01 DEU-PARK PLACE LAND LTD/CY-1 i3r C aIT:F 3- IntanglbioTwPd Kt=,URDING 1 $19.70 ptC _Kar!OGn F (kj B r. CIWK PfnoUas County UuC t)[AMP - DR219 3 $. lu REV Dopuly Cldrh -------- - --- Tu1AL: $ u. U To rAAi. 0/1.? 0 CNti,*tt Ali f . I*ENDEREO: $20.20 0099 tr. with all the tenements, heredita?nents and appurtenances thereto ?Ct?AN a ongit1Eng or in anyu7se appertaining. GO ]%Ut unb to 3101b, the same in fee simple forever. .Anb the grantor hereby covenants with said grantee that the grantor is lawfully seized of said land in fee simple; that the grantor has good right and lawful authority to sell and convey said land, and hereby warrants the title to said land and will defoid the same against the lawful claims ofall persons claiming by, through or under the said grantor. N Mittimi 134tred, the said grantor has hereunto set its hand and seal the day and year first above written. PARK PLACE LAND, LTD., a Florida limited S• seated and deliirelcd in the presence of- partnership By: PARK PLACE LAND, INC., a Florida ?. Itn? Signature fAS to crantoq t. ranl<•r N' "i Stewart Marcus, res en PrIALCal , am,// . / -• •rrnt N. C lo Clinton International Group, Inc. 2121 Ponce de Leon Boulevard Si un ly Granwr) ' sl rc, A Coral Cables, Florida 33134 nn \atne itners Signature (as to CoGmnwr, i any) vin S'gnatum anew 5igrulun ps b CuC. ranwr, 1 any) vin hanx Im Coc ntor 3,gnatun, i any 'rrn sign om 'oet I,e Ad re.e to administeroathsnndtake ark nowledglnenL%,Iicrsonn wared known to me to be the person described in and who executer] the foregoing instrument, wh urwledgi•d M•fon me that __ _______ reed person extvuted the narne, that I relied upon the following form of identiri tion of the "no that an oath (wus)(was not) taken. tVitness my hand and official seal in the County rend Su tc Inst aforesnid this dayof . -- ---,A.D.19 Not.(, S rare. W re 10 (ACKNOWLEDGEMENT ON NEXT PAGE) --- -- - -- - ---- - --- PINELLAS COUNTY FLA. OFF'.REC.BK 9119 PG 410 STATE OF FLORIDA } ' ) s 9 . ' COUNTY OF DADE } I The foregoing instrument was acknowledged before me this /4 day of September, 1995 by STEWART MARCUS as President of PARK PLACE LAND, INC., the sole general partner of PARK PLACE LAND, LTD., on behalf of the corporation. Ue }@-personally known to me or has produced _ as ident if icatT;-*- . - , STATE "OF FLORI Print nathe : Commission No.: My Commission expires t IrA O?p? swyWWE MYc m evilts 3W. 14, Igoe No. "MOD t? ?`..'.ww?.1.?u.I .?.w. \... r.• •M ..I..?.-. \.?••.•..b\.w. M. 11 ..I??11 1•?. ' I? •. I? .I. .1. ?... •?. ?.e •. 1 r.I ?. .I ..• rn.•w?• ....••... •?••'., I... .. r.. .e•.? PINGLLAS COUNTY FLA. OFF.REC.BK 911q Pr. aft THIS IS ,yQ= A SURVEY vr/1 , r r,1:1 L1A1 r Ni•r 0V ? -Q Z)A I? F , PAL - t cored SOUT" 01 rA1Ul n.At9 OOUL(VAAO t? sis p 1 J ,?• O 3?;?f 'r ? 2' p ¢,`? ; ,? ,? ? Are O;s aCrn.. r. ?rZ A ? O ° 0 30 60 120 J . y Q , p SCALE, 1- 60' ArJ 0 U n ,r.? \ ?. C4 \ SOUT14WEST CORNER OF LOT 2 rtr ., Q Q l? ci.y r` v r A SJ .? i i SEE SHEET 2 OF 2 FOR LEGAL DESCRIPTION AND •?? CURVE ANG LINE TABLES. L PARK PLACE BOULEVARD PARCEL 2 SCALE OA7? g? ? I hereby certlty flint Ihls legal description and sketch I"=60' 8!7!95 J.V.J. J.V.J. K.J.B. meets the minimum Iechn(cot standards as set forth by Ih• Florida Ooord of Professional Lond Surveyors JOB Me. SCCIICt{ S?RtSt? )AGE in Chopisr G1G17.6 Florida Adminislralive Code. pursuant to Seclion 472.027, Florida Statutes 1999-342-000.414 17 29 S. 16 E. Skelch and Legal Descrlplinn not valid unless signed KlNQ ENOWEERINQ ASSOCIA TES, /HC. and embossed with Surveyor's Seal ENGINEERS * PLANNERS - SURVEYORS CERTIFIED AS TO SKETCH AND LEGAL DESCRIPTION SCIENTISTS • LANDSCAPE ARCIUTECTS 21945 U.S. feGNWAY H WORTH CL(MMAT(Ir. FLORIDA 14427 jV'8dUFFAPD PROFESSIONAL OR N 5172 (srs) 791-1441 . FAR. (NS) 7•,.9220 OF FLORIDA ti Sheet I of Z P i?- EL LAS COUNTY FLA. OFF. REC. BK 9119 PG 412 LEGAL DESCRIPTION: PARK PLACE BOULEVARD - PARCEL 2 A tract of land lying within Section 17, Township 29 South, Range 16 East; Pinellas County, Florida and being more particularly described as follows: BEGIN at the Southwest corner of Park Place Boulevard, according to the plat of Storz Ophthabnics, Inc., Park Place, as recorded in Plat Book 109, on pages 10 through 11 of the Public Records of Pinellas County, Florida; thence along the southerly boundary lines of said plat, the following three (3) courses; (1) thence S59°52'00"E, for 80.00 feet; (2) thence S30°08'00"W, for 141.11 feet to the point of curvature of a curve concave to the Northwest; (3) thence southwesterly along the arc of said curve, having a radius of 2000.00 feet, a central angle of 00°2352", an arc length of 13.89 feet and a chord bearing S30°19'56"W, for 13.88 feet to the Southwest corner of Lot 2, according to said plat; thence continue southwesterly along the arc of said curve, having a radius of 2000.00 feet, a central angle of 13°40'47", an arc length of 47751 feet and a chord bearing S37°22'16"W, for 47638 feet to the point of intersection with a non-tangent line; thence N45°47'20"W, for 80.00 feet to the point of radial intersection with a curve concave to the Northwest; thence northeasterly along the arc of said curve, having a radius of 1920.00 feet, a central angle of 14°0439", an arc length of 471.74 feet and a chord bearing N37°10'20"E, for 47056 feet to the point of tangency; thence NUM8'00"E, for 141.11 feet to the POINT OF BEGINMNG and containing 1.14 acres, more or less. LINE DIRECTION DISTANCE U S59.52'00"E 80.00' L2 N45'47'20"W 80.00' CURVE RADIUS LENGTH TANGENT CHORD BEARING DELTA Ct 2000.00' 13.89' 6.94' 13.88' S30'19'56"W 00.23'52" C2 2000.00' 477.51' 239.90' 476.38' S37'22'16"W 13'40'47" C3 1920.00' 471.74' 237.07' 470.56' N37'10'20"E 14'04'39" SHEET 2 OF 2 ^s.. I i r•s .? DATE F(,c,206> TO: ?s•- SUBJECT: *'c?:'fja Betty Deptula, City Manager CITY OF Scott Shuford, Central Permitting Director 1?5 Roetzer Deannexation Petition COPIES: Kathy Rice, Deputy City Manager Bill Baker, Assistant City Manager Pam Akin, City Attorney Cyndie "Goudeau, City Clerk DATE: January 4, 1996 C L E A R W A T E R Interdepartment Correspondence Due to confusion between City staff and the applicant regarding the date of the hearing for the Roetzer Deannexation Petition, the applicant did not attend the December 7, 1995 Commission meeting at which the Commission denied the Petition. On advice from the City Attorney, the item is being rescheduled for reconsideration at the January 18, 1996 Commission meeting; the applicants will be able to attend this meeting to present their case. The staff recommendation for denial has not changed, and the previous agenda item will be forwarded to the Commission for their information and review. Should you have questions or comments, please contact me. 1 RECEIVED JAN 0 5 1996 CITY CLERK DEPT. Clearwater City Commission ?Agenda Cover Memorandum Item # Meeting Date: SUBJECT: Petition for Contraction/De-annexation for 3001 Sunset Point Road; Owners: Christopher G. and Caroline K. Roetzer; 0.63 acres m.o.i (A 93-30 & LUP 93-41) RECOMMENDATION/MOTION: Deny Petition for Contraction/De-annexation for Part of the SW 1 /4 of the SW 1/4 of Section 4-29-16, M & B 23/03 as the applicants do not meet the statutory requirements for contraction under Florida Statutes 171.051 (2). ? and that the appropriate officials be authorized to execute same. BACKGROUND: The subject property is located on the south side of Sunset Point Road approximately 1,250 feet west of McMullen Booth Road. This property was once in the County jurisdiction. The applicants on December 2, 1993 petitioned the City of Clearwater for annexation of the property in order to receive sanitary sewer services. A building permit for the construction of the applicants' single family residence was issued by the County on December 8, 1993. On March 17, 1994, the subject property was annexed by the City. The permit for the construction of the fence along Oak Forest Drive was granted to the applicants on May 19, 1994 by the County after this property was annexed by the City. The fence along Oak Forest Drive was erected on June 7, 1994 according to the petition. As the fence did not meet the City's standards, a notice of violation was issued to the applicants by the City on June 9, 1994. The County permit is invalid because the applicants were annexed into the City prior to the date the County permit was issued, and the date of the construction of the fence is further classified as after the fact action. CHARACTER OF THE AREA: A municipal governing body may propose to annex an area only if it meets the general standards of subsection (1) and the requirements of either subsection (2) or subsection (3) of the Florida State Statutes 171.043. A summary of the requirements under these two sections are provided below. 1. The total area to be annexed must be contiguous to the municipality's boundaries at the time of the annexation proceeding is begun and reasonably compact, and no part of the area shall be included within the boundary of another incorporated municipality; Reviewed by: Originating Dept: Costs: S N/A Commission Action: Legal Ln-;5_ CENTRAL PERMITTING Total ? Approved Budget N/A ? Approved w/conditions N/A sin Pu h $ g rc a ? D d i Risk Mgmt. N/A User Dept: Current fiscal Yr. e en cis N A ? Continued to: ACM Funding Source: Other N/A 0 Capital Imp. Advertised: 11 Operating Attachments: Date: ? Other Petition for Contraction Paper: TAMPA TRIBUNE ORDINANCES NO. 5545-94, 5546- i d 0 N t R 94 & 5547-94 equ re o Sutxaitted by: Affected Parties Appropriation Code: LOCATION MAP ? None ® Notified City nag ? Not Required 0 Printed on recycled paper A 93-30 & LUP 93-41 Page 2 2. Part or all of the area must be developed for urban purposes. An area developed for urban purposes is defined as any area which meets any one of the following standards: ? It has a total resident population equal to at least two persons for each acre of land included within its boundaries; ? It has a total resident population equal to at least one person for each acre of land included within its boundaries and is subdivided into lots and tracts so that at least 60 percent of the total number of lots and tracts are 1 acre or less in size; ? It is developed that at least 60 percent of the total number of lots and tracts in the area at the time of annexation are used for urban purposes etc. 3. In addition to the area developed for urban purposes, a municipal governing body may include in the area to be annexed any area which does not meet the requirements of subsection (2) if that area either: ? Lies between the municipal boundary and an area developed for urban purposes, so that the area developed for urban purposes is either not adjacent to the municipal boundary or cannot be served by the municipality without extending services or water or sewer lines through such sparsely developed area; ? Is adjacent, on at least 60 percent of its external boundary, to any combination of the municipal boundary and the boundary of an area or areas developed for urban purposes as defined above. The subject property meets the general criteria established for voluntary annexation as established by the State Statutes cited above. The property lies within Census Tract 268.04, Block 1 and 2 as shown on the map for 1990 Census Tracts and Incorporated Areas in Pinellas County. This Census Tract comprises-of 821 acres of land area. The total resident population for both the incorporated and unincorporated areas in this Tract is reported as 5,247 persons. A breakdown of the population distribution shows 3,684 persons for the incorporated area and 1,563 persons for the unincorporated area as per the 1990 Census. There are 1,703 housing units in the area. Housing occupancy is 3.43 persons per unit for the whole area with the total number of occupied housing units of 1,526. Not only is the property located in the City Planning Area and surrounded by residential properties, it is contiguous to existing City limits. The subject property is served and accessed from Sunset Point Road (SR 588) and Oak Forest Drive which is a City Road. Sunset Point Road is paved and maintained by the County and has a right-of-way of 100 feet. The rights-of-way for Oak Forest Drive North and West are platted 60 feet. They are paved, curbed and maintained by the City. Sanitary sewer is available from a line on Oak Forest Drive West. Moreover, the City has an 8" water line on the south side of Sunset Point Road and a 6" water line on the East side of the property. A fire hydrant is located within 50 feet of the property. A 93-30 & LUP 93-41 Page 3 ANNEXATION PROCEDURE: Proper standards of procedure as per City Code Section 37.21 (1-8) were followed when the subject property was annexed. Three copies of sworn and signed petitions for annexation including all the relevant documentations were submitted by the applicants in compliance with the voluntary annexation requirements. On January 20, 1994, the City Commission received the petition for Annexation, Future Land Use Plan Amendment to Single-Family Residential "Six" (RS-6) and referred the request to the City Clerk to be advertised for public hearings. The request was duly advertised for public hearings on February 2, 1994 and February 10, 1994 respectively. The Planning and Zoning Board held a public hearing on this application on February 15,1994, after which they unanimously endorsed the proposed Annexation, Future Land Use Plan Amendment to Residential Urban, and Zoning Atlas Amendment to Single-Family Residential "Six" (RS-6) to the City Commission. On March 3, 1994, the Commission approved Ordinances No. 5545-94, 5546-94 & 5547- 94 on first reading which set the parameter for the annexation. Finally, the City Commission adopted and passed these Ordinances on second reading on March 17, 1994 thereby annexing the subject property into the City. Subsequent to the annexation, and in accord with Florida Statutes 171.044 (3), certified copies of the ordinance, including the map, were filed in a timely fashion on riarch 23 , 1994 with the Clerk of the Circuit Court and with the County Administrator of Pinellas County, and with the Florida Department of State. Based on the effective date of the annexation, and in accordance with the State Statutes 171.062 an area annexed to a municipality is subject to all laws, ordinances, and regulations in force in that municipality. The applicants did not comply with applicable City regulations when they constructed the fence along Oak Forest Drive after the property was annexed to the City. On June 30, 1994, the applicants requested approval of height variances to allow the construction of two fences in structural setback areas from the street rights-of-way. One fence was proposed to be six feet high and to be constructed along Sunset Point Road where the property is addressed; City code restricts fence height in this area to 30 inches. The second fence, a six foot high non-opaque chain link fence was erected along the property line where the rear yard adjoins the Oak Forest Drive right-of-way. Fences in this location have a height limitation of four feet. The Development Code Adjustment Board (DCAB) held a public hearing on this request on July 28, 1994. The variances requested were denied because the granting of the variances would not be in harmony with the general purpose and intent of the land development code and the comprehensive plan, and would be injurious to surrounding properties. The applicants appealed the decision to the State of Florida Division of Administrative Hearings. An administrative hearing was held on January 10, 1995 and the decision of the DCAB was upheld. CONCLUSION: The applicants wish to de-annex from the City because they have installed a six foot fence which though lawful under the County Code is unlawful under the City Code. It does not appear that the applicants meet the statutory requirements for contraction. Florida Statute 171.051 requires that in order to contract municipal boundaries, it must be shown that the property to be excluded did not meet the requirements for annexation under Florida Statutes 171.043. Based on the foregoing analysis, this does not appear to be the case with the applicants' situation. The applicants fully met the legal requirements for annexation. Pertinent information on the annexation and a chronology of events with the City by the applican is, resident population and housing distributions are provided in the tables on pages 4 and 5. A 93-30 & LUP 93-41 Page 4 EXISTING ZONING AND FUTURE LAND USE OF APPLICANTS' AND SURROUNDING PROPERTIES LOCATION IN CITY OR COUNTY FUTURE LAND USE PLAN CATEGORY ZONING ACTUAL USE Subject Property County Residential Urban R-2 Single Family North City Residential Urban RS-6 Single Family South City Residential Urban RS-6 Single Family East City Residential Urban RS-6 Single Family West County Residential Low R-2 Single Family ZONING RESTRICTIONS DESCRIPTION RS-6 REQUIREMENTS EXISTING Density 5.5 u.p.a. 1,6 u.p.a. Lot Area 7,000 sq. ft minimum 27, 535.2 sq. ft. Lot Width at Setback line 70 ft. minimum 110 ft. Depth 85 ft. minimum 250.25 ft. POPULATION DISTRIBUTION BY CENSUS TRACT, 1990 TRACT # POPULATION POPULATION TOTAL TRACT INCORPORATED UNINCORPORATED POPULATION AREA AREA 268.04 3,684 1,563 5,247 HOUSING COUNT BY CENSUS TRACT AND BLOCK, 1990 TRACT # BLOCK # TOTAL OCCUPIED VACANT PERSON HOUSING HOUSING HOUSING PER UNITS UNITS UNITS OCCUPIED UNIT 268.04 1 &2 1,703 1,526 177 3.43 ABBREVIATIONS: R-2 Single Family Residential (County) RS-6 Single Family Residential "Six" (City) u.p.a. Residential units per acre A 93-30 & LUP 93-41 Page 5 CHRONOLOGY CHRISTOPHER G. & CAROLINE K. RAISER 3001 SUNSET POINT ROAD EVENTS WITH THE CITY OF CLEARWATER 1. 2. 3. 4. 5. 6. 7. 8. 9. December 2, 1993 Applicants filed petition for annexation of property at 3001 Sunset Point Road/0.63 acres January 20, 1994 The City Commission received the petition for annexation, Future Land Use Plan Amendment to Residential Urban, and Zoning Atlas Amendment to Single-Family Residential "Six" (RS-6) and referred the request to the City Clerk to be advertised for public hearing. February 15, 1994 Planning and Zoning Board held a public hearing after which they unanimously endorsed the proposed annexation, Future Land Use Plan Amendment to Residential Urban, Zoning Atlas Amendment to Single- Family Residential "Six" (RS-6) to the City Commission. March 3, 1994 The City Commission approved Ordinances No. 5545-94, 5546-94 & 5547-94 on first reading. March 17, 1994 City Commission adopted and passed on second and final reading Ordinances No. 5545-94, 5546-94 & 5547-94 annexing the subject property into the City. June 30, 1994 Applicants requested approval of height variances to allow the construction of two fences in structural setback areas from the street rights-of-way. July 28, 1994 Development Code Adjustment Board held a public hearing on this request. The variances requested were denied. The applicants appealed the decision to the State of Florida Division of Administrative Hearings. January 10, 1995 Administrative hearing was held. The decision of the DCAB was upheld. June 26, 1995 The applicants filed petition for Contraction/De-annexation. deannex.cc c? i V E D PETITION FOR CONTRACTION/DE-ANNEXATION June 23, 1995 City Commission, City of Clearwater c/o Development Code Administrator P. O. Box 4748 Clearwater, Florida.34615-4748 Commissioners: We, the undersigned, being all owners of the described in Exhibit A attached hereto, do hereby request property be de-annexed from the corporate limits of Clearwater, Florida, that the boundary lines of the City be contracted by issuing a contraction ordinance to property. UN 26 1995 CITY CLE^K DEPT. real property that the said the City of of. Clearwater exclude said Upon the above action., said property will return to being subject to the laws, ordinances and regulations of Pinellas County, Florida. Attac-tied hereto is a cur-rent survey of the described property and a copy of the deed setting forth the names of all persons, firms or corporations owning any interest in the described property. The Commissioners were petitioned for annexation of said real property- in =ebruary, 1994 by the undersigned owners. Although we received notice that the request was an agenda item for an upcoming hearing, the city advised that attendance was not necessary since it was for- a single family residence. we had no experience with this process, and further, ou- builder advised not to attend, saying, "Don't go, nobody goes...". We had no concept of the time the process would take. Our builder said something would come in the mail eventually, like a "welcome letter". Needless to sav, involved with the overwhelming process of building our first home, we never realized we'd never received anything from the City of Clearwater. We actually forgot anything had ever been signed- Our builder secured a buildino permit from Pinellas County to construct a single-family residence in December, 1993- In February, 1994, our builder indicated we needed to decide between septic and sewer for waste. The City indicated annexation was condition precedent to allowing access to public sewer. we chose this route because we were strongly discouraged by the county health department. away from septic; they indicated septic is often not approved, since the State is on a mission to eradicate septic waste systems as a threat to purity of ground water. They indicated public sewer was nearby, so we would be (just short of) "required" to arrange for sanitarv sewer. Our residence was completed and a Certificate o Occupancy was issued by Pinellas County May 20 , 19 94 . Because County nubl is of-f- icials and the property owners had no knowledge of the annexation effectiveness some 60 davs prior, a permit was secures from Pinellas Countv on Mav 9, 1994 by the property owners to erect a fence along the south boundary, and hart of the east and west boundaries of the property. Because Pinellas County had received no notice of annexation, a permit was issued. We arranged for a licensed fence installer to erect a 6' chain link fence on June 1994, fully in accordance with the rules of Pinellas County, and the related permit of May 19 , 1994. On June 9, 1994, the City of Clearwater issued a notice to us indicating the fence was erected without a City permit. Since parts of the then existing fence did not comply with the City Land Development Code requirements with respect to height along a length of approximately 165', Clearwater zoning staff recommended requesting a variance to cure the problem. Not until June 9, 1994 did we discover (by way of the Notice of violation posting) the property was annexed by the City of Clearwater effective March 17, 1994. Further, a-'Eter discussing the issue with a county nermi ttina off i cial , no notice was duly filed/received within the required 7 days with the appropriate nubli c off icla' s , includ nc the Clerk of the Circuit Court and County Adminis ;,rator of Pinellas County (notwithstanding the subject property owners), accordina to Florida Statutes. Moreover, since the Ci tv does not mail notices of annexation to these various destinations via U.S. Certified mail, the Citv has no proof thaw fulfilled notice requirements. The consequences caused by this administrative error only became known later (that is, upon receipt of the above referenced Notice of Violation). The need for the fence as erected comes from our needs and rights of safetv and security due to the unique size, shape, topography, and other characteristics of the subject property . The Ci tv Planning Staff supervised by m- r. John Richter recommended approval for our variance requests, saying our request for fencing was ir: keeping with other fences along this corridor of Sunset Point Road. The fencing in the rear of the property was acceptable to the Planning Staff subj eC t to landscaping to enhance the visual appeal We f ea_- without fencing of 6', that ouy safety is compromised, not having the privacy and seclusion/limited access available to typical lots the confines of a subdivision. Also, we have several Golden Retrievers and though they are not likely to attack or bite neighbors or their children:, they car_ scale a four foot fence (the height allowed along the above referenced length of 165') and at least knock someone down, and, yes, injure them. We could also lose one of our "family members,,, if one of the dogs got out. Our old home in Clearwater had a four foot fence that they easily scaled. Some neighbors in the subdivision adjacent to our current home (Forest Wood Estates) objected to the additional two feet of fence height, despite the added protection our fence would afford them as well. Variance recruest r94-43 was heard and denied on July 28, 1994, despite the C i tv Pl.ann i nc Staff ' s recommenda t i on to the con --rare , and that the nroperty owners directly adjacent to our :Lot (east and south sides- - the fence area ir: contention) dig not oh'-iect to the request. we r appealed the decision to a hearing o ricer at the SLate of Florida Division of Admir_is tra tine Hearinas heard January 1 C , 19 95 Desni to our immediately adjacent neighbors lack of ob_'ect? or. _and even our south neighbor' s appearance to testify in sunnort of the fence, the appeal was l ruled in favor of .-the Citv as the Hearinq_ Officer felt we had proven our case satisfactorily with respect to all but two requirements. We suffered a "municipal karate chop" with the City's Notice of Violation and denial of allowing our fence that is 100% acceptable under county requirements. we acted in good fai th and expended a large sum of money for the project we knew at the time to be in good order. Had we simply arranged for our fence permit prior __to -annexation, this predicament would be non-existent. The City was happy to annex our home as is, along with other attributes that otherwise would be not in compliance, such as our side setbacks, and this is okay, but a fence -within similar circumstances is not? we do enjoy being residents of the City, however our other needs and wants are supreme to benefits of being within City limits since March, 1994. We simply ask: the City to release us back to a parcel in an unincorporated area of Pinellas County. Florida Statutes indicate a property may be de-annexed where it did not meet the requirements for annexation. This is not so much the case as the Statutes do not prohibit the Citv from contractinc its boundaries under other circumstances. Accordingly, it is our assertion the City has latitude to grant this petition in this matter. we, the undersigned hereby certify that we have read and examined all of the statements and allegations in the foregoing Petition including attachments and after being duly sworn, deposed and say that such statements are correct, complete and true and voluntarily made with full knowledge thereof. STATE OF FLORIDA l _nc, o rt ? new COUNTY OF PINELLAS ) Subscribed and sworn to before me this o? day of 19-9 . My Commission Expires: Gat Notary ,.?•? G, IL LOUISE MOORE PJOTARY PUBLIC-smle at Fbrwa j ?..-'?? • Commission # 249087 Expires: December 29. 1996 c:\wpwin\ehrie\wairinncbAOL .- ..- un s r1'f'L1: L. At35TRACT 114C. Al eSr. ?? CHRISTOPHER G. & CAROL ROETZER 2.9 v r -0 7-15 _ ?? ?; X p/-? b % /,?!>. s-6?f' C ?„•, Road tc?E _ .O y? ? / 4 -57 89'1?' -- I F-,az4 p lam, 0 3 .s « t N . ?f In 1 V P M r. 3 8. 37 Z? ;.? a t s FEwrc (Woopl oN ?? ., s . , Ficor a.:eVRTtul ' ? ? ? aS??5 It.) vl F-SNC-E P" ? '` • ' ? c .. , ? ? `? r.R-F-11 jj ,2 i y c • A r4 JP •Crl2 pf N?ay O Lj. ?r??• ,, o I -l' 7.. .. ^?. dr) t. G./n • //D. eO' N d 9 ! 6' Z C'' I h?? r r, SURVEY OF A PARCEL IN THE SW4 OF THE SW OF-THE Nw ; OF SECTION A , ' NNSFi lP 29.SOUTH , RANGE 16 EAST PINELLAS COUNTY , FLORIDA , BEING MORE RTICULARLY DESCRIBED AS FOLL,0IS s COMMENCE AT THE SOUTHEAST-CGHI3ER OF THE OF SECTION '5 , TOWNSSiIP 29 SOUTH , RANGE=Y6 EAST ; *-ON THENCE N 0 02' " £ , ALGNG-?HE WEST LINE OF SAID SECTION 4 , 750.25 FT. TO,THE SOUTH 3HT--?-OF-HAY LINE OF STATE ROAD NO. 588 ; THENCE ALONG SAID RIGHT-OF-WAY NE , S 89 38'32".I 'fo: 110.0 FT. THENCE ALONG LOT 37 , OF FOREST WOOD TATES , AS RECORDED IN PLAT BOOK 69 PAGE 17 OF THE PUBLIC RECDRDS OF '4E:.LAS CbUNTY , FLOR';'JA . S 0 02-35"W FOR 250.32 FT. ;• THENCE ALONG 36 'OF SAID FOREST WOOD-ESTATES , N 89 36'20" W FOR 110.00 FT. TO ? POINT OF BEGINNING. LLRV r a. _ .O+r w.o. •syi 13Y. - tang C,+.? ..o• .Oa L•.L - v 1 -? •.1. Y. • rtr_„pl a-a, n t .p_I •'r • OMt !ice ..p.o lD`O! _ .O?-?/t .. . ,p....()1 .pt/y.Q V Ib.i[..O• •/.. w•.-d_VL 1„f- , /oao .+.. . 0.•. .1 taL . @. _ tI•VNI .?? . .?.•rY !i .• LL?o• M. •' ka•W?. •O.. ...•tL• IY[\ . t:!`•K, v .. •4 t ' . _ . - a of G11 . ta•pt >I( dip s tiK K' ,i..A . /O,r i/'N n.p, +•.il . I\•c .. Wa.M,• .. i[G. IY. • ?U•? no- -1, L4+ - Ul L.-iM - •a? •V••. G H••••C bt f 4 V - •t>-0-0?1 0..•4f CLO" VI .•/ L..(• .i/Kt? K! • M? WU ? ? r k0.•dy tl? V. •O.• w ?d MDG l0_..• W b -41WM Iy1Vrl R MCI :tWl O .., no.o• l•-VnA IJ -.IWO...tJ -. Vtl P.-L. _tn O •.•st>W-_ <ILL?.O•? Y+• .?L .??]. tt..a rr r GrOa+P V.f.t./7 Ifwl Q[?•1.0• sl•tLwt: h.*r b CVI?T *-I K -K O.la••tp LLE-10-•s Yw• •t,.to• o r1 -.04 %K%C^km L.• . -4U (.l...o-$ Y•Ow ••CntW a+.! .aSL9 O• W4 •.1+O+M. W.I.C.a D+n+l ttir. - 7N^1dD I• M [v.d[•.-d .7,.-.,r_•'• - .mot' ? /? ? N R p 0 ? ?? l- L._G ICU Mi aC ?/' •• ?W rVl? 4J• iz r?3 ? C? NUI'/ t >.._.- • ? nr• .., r =cry ?+ ? -_?. This Warranty Deed INST # 93-34177o r NOV 24, 1993 9:42PM Made this 18th day of .November A.D. 19 1993 by Allen McMullen and Shirley Jol,zson and PINELLAS COUNTY FLA. Wilma M.; Krentzm.an as tenants in common OFF. REC.BK 8480 PG 2318 hereinafter called the grantor, to Christopher G. Roetzer and Caroline K. Roetzer his wife whose post office address is: 2995 -Sulset Point Road Clearwater, Florida 34619-1615 hereinafter • called the granite: (Whenever used hcmin the term 'grantor' and 'grantee' ineiudc all the pasties to this instrument and the heirs, legal representatives and assigns of individuals, and the successors and assigns of eorporsuons) Witnesseth, that the grantor, for and in consideration of the sum of $ 10.00 and other valuable considerations, receipt whereof is hereby acknowledged, hereby grants, bargains, sells, aliens, remises, releases, conveys and confirms unto the grantee, all that certain land situate in Pinellas County, Florida, viz: See Schedule "AI' attached hereto and by this reference made a part hereof . SUBJECT TO Covenar_ts, restrictions, easements of record and taxes for the current year. Said property is not the homestead of the Grantor(s) under the laws and constitution of the State of Florida in that neither Grantor(s) or any members of the household of Grantor(s) reside thereon. Parcel Identification. Number: 04/29/16/00000/230/0300 Togetherwith all the tenements, hemditaments and appurtenances thereto belonging or in anywise appertaining. To Have and to Hold, the same in fee simple forever. And the grantor hereby covenants with said granite that the grantor is lawfully seized of said land in fee simple; :hat the grantor has good right and lawful authority to sell and convey said land: that the grantor hereby fully warrants he title to said land and will defend the same against the lawful claims of all }persons whomsoever, and that said land is .`rte of all encumbrances except taxes accruing subsequent to December 31, 19 93 In Witness Whereof, the said grantor has signed and sealed these presents the day and year first above writtea. Signed, sealed and delivered in our presence: --r"' t6 N '?v?-??o. SKI -as to S. J&rL9M tJ i Gk i f eu 1- r -as M S. J&rL9__st it ? t11 eA . , Clearwater, F', 34619 ->11_Z.Ley 00-11501-_ ~ tzl-r, C_ /?7 ? LS -- • - Wilma M . P*z'ent=mar. p t a 4 1na'M ? 1551 W?inut S--, C1ei -*water, FL 34615 / n ^-h? Ms2il1 a X42lp M_ lcre?.?ten stn of ew o_ ounry of, 71te foregoing instrument was acknowledged before me this lBz:h day of N0-e-mb"er ,y Shirlev Johnson who is personally known to me or who has produced DocumentaryTax Pd, t 3 /G / p Intanolble Tax Pd- Karleen F. De Slaker c.k, Pinellas Counre By pcptay Clerk l REPARED BY: Janet M. Armstrong ECORD ffc RETURN TO: enturyTitle and Abstract, I1-/ 'S Belcher Road North driver's license Print Namt. Notary Public My Commission Expires: ?e, :; / / ?J t! ALICE C. MICHAtJ1!'C Ilotasv runic s7111 of Sr" vo&t atsiblNL IN tssrr CDUMn M ts?'f? eomwistioN tin'tZ 31, as identification. iearwater, Florida 34625 `" ...._' ' ` ,It No: 29.657 KARLEEN F. DEBLAKER, CLERK r Schedule A A parcel (also known as parcel # 04/29/16/00000/230/0300 according to the records of Pinellas County, Florida, its post office address being 3001 Sunsct Point Road, Clearwater, Florida, 34619), in the SW 1 /4 of the SW 1 /4 of the NW 1 /4 of Section 4, Township 29 South, Range 16 East, Pinellas, County, Florida, being more particularly described as follows: Commence at the Southeast corner of the NE 1 /4 of Section 5, Township 29 South, Range 16 East, Pinellas County, Florida; thence run N 0° 02' 35" East along-the West line of said Section 4 for 250.25 _ _ feet to the South Right of Way Line of County Road No. 576 (formerly State Road No. 588); thence along said Right of Way line S 89° 38' 32" W for 1 10 feet; thence along Lot 37 of Forest Wood Estates S 0° 02' 35" W for 250.32 -feet; thence along Lot 36 of said Forest Wood Estates N 89° 36' 20" E, 110 feet to the Point of Beginning, cAwrwin?ch ris\projvny.dm M . 1 PETITION FOR ANNEXATION City commission City of Clearwater P.O. Box 4748 Clearwater, Florida Commissioners: We, the undersigned, being property, contiguous to the present and situated in an unincorporated hereby request that said property be the City of Clearwater, Florida. all owners of the described real boundaries of the City of Clearwater, area of Pinellas County, Florida, do annexed into the corporate limits of We hereby further request that said property be zoned and classified under the Zoning ordinance of the City of Clearwater, as set forth on the following page. Attached hereto is a current survey of the described property, (if it is unplatted), together with a certificate of title from a title company, a copy of the deed or a letter from a licensed attorney setting forth the names of all persons, firms or corporations owning any interest in the described property. The undersigned have been advised of, understand and in consideration of annexation, utility services, and other good and valuable consideration, do hereby agree and covenant as follows: 1. all structures and improvements which are erected upon said property subsequent to the date of this petition for annexation shall cbmply with all applicable City of Clearwater regulations and ordinances as set forth in the City Code of ordinances; 2. to convey such recreation land, recreation facilities and open space land dedication and/or fees in the amount and manner prescribed by Division 2 and 3, Chapter 116, Article IV of the Clearwater Code of Ordinances; and , 3. when any substandard abutting street or utilities are subsequently upgraded by the City to meet City Standards, said improvement will be done on an assessment basis, consistent with City procedures therefore. w We, the undersigned hereby certify that we have read and examined all of the statements and allegations in the foregoing Petition including attachments and after being duly sworn, deposed and say that such statements are correct, complete and true and voluntarily made with full knowledge thereof. 1 ? STATE OF FLORIDA } COUIITY OF PINELLAS ) Subscribed and sworn to before me this @`6day of ?,rEy[d'1}'jt°?'- , 19 9 OA Qi? t 1 cpl,cr 6 - Poe 1- zer- Ct tad 06 1c11 r e r), (Z-cle FZer Lk`o 0) C b,-?-(T? der- y Ana File, My Commission Expires: I c,)1? ?x ? cu?9-P ?C?Gre Notary .? GAIL LOUISE MOORE NOTARY PUBLIC-sate of Florid commission # 24900, ?' • :'? Expires; cocemba 29.1498 to O c N r? .A O P. tJ . to L U ? v u ca 44 r••t 0 N G v C N D fb td .+ rt r? ) F C p A C's }. -I f . ? an.? . aJ to r-. U 3 LA •rt LH c to H u 0 •a N -ti N tn ' V ix ,ar? U •a au 04 r' ? N S I P H z ht a U W o z r ? •v LLJ t ¢. I?-. a U W rl I' K I- 1- ;5 u a P 4 p. w w a. a U) o cd 4-t qo O O 0 43 r 0 s- N J ':t kD i 4-3 V t a aL = t- co to c o ?. ?? ?• M t 0 tV O in 4) In t0 U , N LA I Sr O p L Q N Q G O H cl to b 0 iN cl L O N rl a Iu w ? U a ? a ?) ri co 44 ?-1 a D Q. •o a a H ._ a p-?H O O O I' ,-t a a, to •o Ia 'l G O a r-t ?-. E ri cd •r/ Q. f N n tJ a 9 I? N N •,-I a u?t' ,-a a N P. H to :ic tj x ca 0 V to in cd a to r-t O 'CS P+ ' y H CU h O ?) ::D 0w ' ? i 4? •D a 0 E co • o .a ?• M a? ra > Q a r-1 P• U I H a O U 'd 0 ? •rt a r+ a ?a It Cr ca Q H N a) O M . CO u r-t N a- •o .rt (1) 1• ,I ?, O 3 I? G tH cd O a) +j u) a ' •r1 a V tJ i n O u d a .? a .C O F G ? •D t/) O G .,.I P ca oD O .-) G O 'rt -4 -14 U a O to ? a) I" N U O D ,) U z D a m P. Lt) o Q. M ,fl to a ? p• O to a) •rt ,-t I- ? a v rL >• c G I' I tJ iu U O U O .. to U 4 ) Ia. I t' im ORDINANCE NO, 5545-94 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTY LOCATED ON THE SOUTH SIDE OF SUNSET POINT ROAD, WHOSE POST OFFICE ADDRESS IS 3001 SUNSET POINT ROAD, INTO THE CORPORATE LIMITS OF THE CITY, AND REDEFINING THE BOUNDARY LINES OF THE CITY TO INCLUDE SAID ADDITION; PROVIDING AN EFFECTIVE DATE. WHEREAS, the owner of the real property described herein and depicted on the map attached hereto as Exhibit A has petitioned the City of Clearwater to annex the property into the City pursuant to Section 171.044, Florida Statutes, and the City has complied with all appl icable requirements of Florida law in connection with this ordinance; now, therefore, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following-described property is hereby annexed into the City of Clearwater and the boundary lines of the City are redQfined accordingly: See Exhibit B attached. (A 93-30) Section 2. The City Commission does hereby certify that this ordinance is consistent with 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 Central Permitting Director are directed to include and show the property described herein upon the official maps and records of the City. Section 3. This ordinance shall take effect immediately upon adoption. The City Clerk shall file certified copies of this ordinance, including the map attached hereto, with the Clerk of the Circuit Court and with the County Administrator of Pinellas County, Florida, within 7 days after adoption, and shall file a certified copy with the Florida Department of State within 30 days after adoption. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED I hel eby cerlif) that this is a tnie and Cum.( t copy cE kl+e origimil as it appears in the iiles of the City of Ca?..??r;+ler. W'st+,t•,s lily ha,rcl alKI of f icia .1 seal of the Gily of learwater. I'll. r2,,r:7.d.iy of r 1JrJ?.? 'Vp v& a s- t o f Zfxt M. A. Gal bra City Attorne rm and correctness: March 3, 1994 March 17, 1994 Rita Garvey Mayor-Commissioner Attest: h Jr. Cyn hla E. Gouc J Cit'; Clerk eau ORDINANCE NO. 5546-94 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE FUTURE LAND USE PLAN ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY, TO CHANGE THE LAND USE DESIGNATION FOR CERTAIN REAL PROPERTY LOCATED ON THE SOUTH SIDE OF SUNSET POINT ROAD, WHOSE POST OFFICE ADDRESS IS 3001 SUNSET POINT ROAD, FROM UNCLASSIFIED TO RESIDENTIAL URBAN (RU); PROVIDING AN EFFECTIVE DATE. WHEREAS, the amendment to the future land use plan element of the comprehensive plan of the City as set forth in this ordinance is found to be reasonable, proper and appropriate, and in coinpl fiance with Florida law; now, therefore, BE IT ORDAINED BY THE CITY COMMISSION OF THE C ITY 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 Category See Exhibit A attached. From: Unclassified (LUP 93-41) To: Residential Urban - (RU) 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. PASSED ON FIRST READING March 3, 1994 PASSED ON SECOND AND FINAL READING AND ADOPTED Approved as„to fo M. A. GaltfraitV, qr. City Attorney and correctness: Rita Garvey Mayor-Commissioner Attest: Cynthia E. Goudeau City Clerk ORDINANCE NO. 5547-94 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY ZONING CERTAIN REAL PROPERTY LOCATED ON THE SOUTH SIDE OF SUNSET POINT ROAD, WHOSE POST OFFICE ADDRESS IS 3001 SUNSET POINT ROAD, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS SINGLE- FAMILY RESIDENTIAL 6 (RS-6); PROVIDING AN EFFECTIVE DATE. WHEREAS, the assignment of a zoning district classification as set forth in this ordinance is found to be reasonable, proper and appropriate, and in compliance with Florida law; now, therefore, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: Section I. The following described property located in Pinellas County, Florida, is hereby zoned as indicated upon annexation into the City of Clearwater, and the zoning atlas of the City is amended, as follows: Property Zoning District See Exhibit A attached. (A 93-30) RS-6 - Single-Family Residential 6 Section 2. The City Commission does hereby certify that this ordinance is consistent with the City's comprehensive plan. Section 3. The Central Permitting 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, contingent upon and subject to the adoption of Ordinance No. 5545-94. PASSED ON FIRST READING March 3, 1994 PASSED ON SECOND AND FINAL March X11.7 , 1994 READING AND ADOPTED J/J Rita Garvey Mayor-Commissioner Approved as to fo M. A. Gal ra th, City Attorne and correctness: r. Attest: 01 "'Adj? Z. Cyn Tia E. Goudeau Cit Clerk 5Sf7-?? OAK lt1llGlA / j ; Ilc,?,Ir IL A?. t.AW, ?;: • iii Mu, ?, J.;.. ? ? ? iy? U?J j I ?: ? o ?, ? .,, (co 1942 °' 2 1 ,?,??:?, j;;???'s: - -? 111 ?9 r? `' ?-t r r ? rugs Cl ?I, 1 ?L cl r OOI1 mot) E TA ES 9-, - w i COURT T ' SUB. t:?I?! (?? b3 81 tl? I I t1! t39 i 9i? 91 tto' !?1'trr}i i7:::!?;;:?,;• ac , ° ° C U p O O C, ?' i O Cfn C- t:.Y',`,ile CV ???!' ?; a{' .,I' s,•i, a :;q;;!c PtESl 1 (, L DflI •11:' 1.937 .' --- (• c.,vk.±•`E:iC«::; :1?^l' 1' i •t`? t,_ ; . r:: t•i;l si, 7yy7 0 '• 0 0 i:y:;. it G p7 % o, 0.7 C? U Q Q: y? \T °j H )3 / b / J °? 41 O (A rn 1?'r D - i -73 _ Su 7D 78 SUNSE T Ult•1-I• RS R 0 A D u 6 +,1t, ( - t Nt 1:ttt..L...rs Y't,_C t' ?i•r•C0'ft:fltr } { Ah{} t. ^',). L-`Op , °j :.?,1ic:. } f, i!•!ii'.rli. • .,.... .t,i?... 1:,C t,, !7s+•'r Y : • 1 11 CC /UU9 If O lJ i?a? N ,. • is '. -, , 1 ?'° t S J ° 1 ;Y}ItL?s• :,.;.i:h:,;:i!'... a,;:,:.r:;i' „'::{'j ?;;5:?c!.:J?It,?, 3 '• •?::'t•,:: :..;:.. .t...? .. 7J :,t ... :;?C)?:,• t h"Yi?i: ?3 • O L) N .':,,•,.j. 1, •,. •'? :);: ?Ji: ( ,• t•Cs O d Q C) G ?? Lr) c!) f`t , ` 7 I!, i1;?ti t•IC.C,•,}L1?;4. ?.__...__ .°7 ... % - '? O °j v v ::;'.:i; '... , ':.h , 6::<;•.:f: }, ?;:t •'i. ;t;? t ?Yh7 L;i;;: K '? OAK F U( EST , DRIVE 14 ? i?j G is 'I •,';.?' '? ;'(jh)S; ?r.?':;: , u7 - - Iay? c R V :;I4;?,•, ;r-: ,,. ESTA E 9j, 8z rolls g 17 60 73 61 1,389 1502 G O 1,3,19 1692 Gn 6 11 1867 10 80 ` 3tilaez 20- -- 1a9r - fses 59 19 1076 1877 62 72 11389 I Q: 7 12 so Bar 9 351,376 -' - - - o _ -- - f887 q 58 g 3 - las0 _ 1971 1670 1,371 168- 1874 1875 ° 34 R - - ? --' W 1e8.3 i _ 1670 43 57 0 70 0 - CASTLE Woo S 1865 f964 O 1865 fa80 li 9 to 33 C) _____--- - 1879 6 5 11164 -- - 14 fos9 7 w _ .. . _ 44 65 1868 co 7 32 1859 561658 S 1869 - 69 1876 1 O 1075 o lase - ' -- 55 --- -- -. - 6N - - --- 15 1B62 CqS 7LE WOODS LA °o i 31 N 1855 45 1652 w t,3ss 66 1652 ui -? rr x -- - ... co 0 1857 2 0 4G' 41O? B,6 67 X12 16 1856 N .}C C+- 1047 __ -- ? ? 87-13 01 11146 s :Z 53 3 3 4 nn rf1ll PROPOSED ANNEXATION LAND USE PLAN AMENDMENT and ZONING 3a LUP C1 3 - y OWNER R O ?T-Z. E,R E G G q? C K A a3 PROPERTY DESCRIPTION LAND USE PLAN ZONING M CC 8 23 / 03 FROM RU COUNTY C O V 1J `t' \-T- _ TO G l `r - -P, cc RS, G RI G HT O F W A Y 0.63 ACRES ACRES PLANNING and ZONING 0CXRD -I CITY COMMISSION SECTION 0 L-{ rTOWNSHIP '2? Cj S RANGE ?'G E ATLAS PAGE -2- fj A r r /r . 1 ylau:puel ?P u 1"? ? IW \ ? I .?1 ¦ ¦It saw • tJ rt , ? ¦ 7 I? ? J i rnnn_ 1 L- ? I I - ?n?•II lC3 i - Q •,ero,uvh ? ?nr r 1 ' i0 S t«? Clearwater City Commission Agenda Cover Memorandum Item Meeting Date: SUBJECT: Finding - Grande Bay Apartments/Wetlands Modification RECOMMENDATION /MOTION: Find that the Grande Bay Apartments wetlands modification is a public necessity with mitigation required and adopt Resolution No. 9( - ICS ? and that the appropriate officials be authorized to execute same. BACKGROUND: Grande Bay Apartments, formerly known as Beach Club Apartments, a 200 unit multiple family development located at 2909 Gulf-to-Bay Boulevard, has obtained a Department of Environmental Protection (DEP) permit to install a revetment to prevent further erosion of the shoreline and undermining of utilities. Policy 1.1.1. of the City's Comprehensive Plan states that "Any permanent and temporary alterations of... wetlands...shall only be permitted upon a finding by the City Commission of public necessity, and upon consideration of mitigation." Until the elimination of our receipt and referral process this year, such alterations were typically reviewed by the City Commission as part of site plan consideration. However, we now have no procedure to allow this Commission review to automatically occur, so we are forwarding this particular case to the Commission for consideration as a special agenda item. We hope to modify this Comprehensive Plan policy in the future to reflect our current procedures. . Staff finds that the erosion control provisions of the proposed revetment are of a public necessity in that protection of both an eroding shoreline and underground utilities is provided under the proposed work. Mitigation in the form of planting Spartina alterniflora in a 5,600 square foot area waterward of the revetment is required under the DEP permit. Reviewed by: Originating Dept- Costs: S NIA Coanission Action: ! Legal CENTRAL P R ITTING Total 11 Approved Budget NtA ? Approved w/conditions Purchasing NIA $ Risk Mgmt. 1 A ? , Current Fiscal Yr. 13 ' Denied cis ? J A User Dept: El Continued to: ACM Funding Source; ENG 13 Capital imp. ' Advertised: ? Operating Attachments: Date; ? Other SITE PLAN Paper: TAMPA TRIBUNE LOCATION MAP ? RESOLUTION Not Required Suhmitted by.- City Manager -' Affected Parties ® Notified Appropriation Code: , ? None 0 Not Required C011 Printed on recycled paper r HILL-)bC):UUC?FI CLtAQWATtR . TAMPA 5 (T PINELLAS 5T. PtTER5BURC4 BRAOENTON MANATEE VICINITY MAP N. T. 5. CledrwdTer Area iviap J i - , ? 0 z ?I - i i i .,y.lT-LYSJ -1 L P. ?w rULT za e.. -- 7-1 ???J.'??'_` L.fj ) Project Location ;- 1T IREli-ION" 2evetment only 1_/30/9-} I 1.101r'E". f I 'lei G2APHIC 5CALE 1000 n Soo 1000 ( IN FEET' ) 1 inch = 1000 ft. LongilUde: 02 '42'50" W. Latitude: 27 ' 57'20" N. Sec. 17 Twp. 29 So. Qng. 16 E. Grande Bar Apartments, Ltd. Erosion Control Qevetnnent Location map FILE bclub l )-.dwq FR(?Jf?-r ,V,_i ?? J. Gautier/AMN E: m,"l rt 'Ja 7! PINELLA5 FL PA re! AI N.CIN.D. = 19 9 •,UF'%L r :,At! Science and Engineering in the Tradition., of The Challenger Expedition Ch d Il enger Enfef-pri5e? P 0 80.E 35 Inc. sa feq. Harbor. Phonc (1 726- 76112 Vord9e oT HPIti Chdllenger, 11 72- 0376 Fax (013) 724- I ooi_7 „•, t'i. ? 1377 /=1iL4 1 of 7 Scc. 1 i Twp. 29 50. knq. 16 E. I O U, 5. Hwy. 60 Gulf to Bay Blvd. -.., 4. I rliles 272.63' 15.6 Miles to to Tampa Ccntral Clcarn'dtcr V; ¦ CIQAPHC SCALE 300 0 150 300 , ( IN FEET ft. 1 inch = 300 i.i"'AL :,t r:P1o h c c n, G ? N OQ'46'71" E u.t ? 55.09' c , U O t G h, o Beach Club = Apa1-tment-,; 'd:Ttiit: -'HE E•El. ,t t?ti. •:?F6Tr-.G7 St.'t;!t:!iT .'MS'LE? HEt!!• c MC,f`F F'AF'Tii?1LAF`:r DIt.PE'EU 4' A ' _ txis(inq Toe q11 . '?.t?t:.'.r:u:r; :.o t.s, W!LLIAhT ft1=,:wN ' :If.:, FL, :{:q:A RE{''i•GEC? a% Upland of Slope SLAT 5'nrr t. Pa;,f t THE t t G! r ' " " - Improvements 15' Sdn. Sewer t.iq?. r'IDA, i F AH!"J, T'r,i 4, ot"IT,. 1 t,' I t,lq;T, "•V.1F )RMEF<L: A PART. Not 5hown Easment T:u:ETHER KITH THE 'A;E1P-1Ek-CD L tjIl- Ill C'W TAMPA E+a, ANC 4't,:,ltutt UPLAgfy LEUA'i'rIT Ti) THE ;''t!iN Gt =, ItlCAk, ,t '-..A;[ L('1,, ALL BE)tP: A W V-111't, .'F 7HE LA!,D D. [:E`: I' - ' iV T F' ' . P-E'. 3' . 62 I',.6" , ( E._( ( E;L', P tIE C?A 11.35' 5(one i ?cvcjmcn( xJ FLIJ<rIA Existin 99 W Approx. Mcan Nigh Water o . Line p 0 ?, 0 U 2 Submerged o° ^t Lands '46'31' W 537.71' T Bay breeze Trailcr Park Revetment Only 12/30/94 Grd n e 6a Y Apd rtments, Ltd. Erosion Control 2evetment p ,_ . FILE bclub2r.dwg PR,),;ECT A't'- Site Plan n??tlr? a? J. Gdutier/AKIN Science and Engineering in the Traditions of The Challenger Expedition COUrrr, ;,f Ch U tea' j ei_ PINELLAS FL En f et15e5 t,?rca, P 0 60\• 2?5 Inc. N.CIN. 0. = 1929 5a fctY' Harbor, a,h rt t,.,; Florida 34695- t:)25 Phone (013) 7426-76142" voydr,e of r-1r15 Chdllengcr. 1072-1L376 Fax (013) 724- 1002 21377 x/10/94 2 of 7 "M 5EC. 1'7 TWP ?Q 50 RNy. 16 E- n • e9•ce'ol• w s -- 1 C ' '` t 140 48 "' ? { :! r ?- a -. - :?- "-_- ? _1?i'r""! : .. r. --= . • t i % ":Npr zlti ` C0r151f}!C1 S1one .,n • Revelment , • ' I{ , ..?. (•-? ??.'?• ;... .. .-n?? .{?? h?. j..• t;.+lltj IIS'J it ,.31.i{1t? . . , . . ' . . . . , . . - 11_!1 • 0 a O O -- Mitigation Bred Pj Note: Mitigdtion dred tics between toe of proposed structure and p- 0 0.00 F1 NCVO contour and P conrdins 23.000 5F minimurn. 0o Mitigdtion area to be planted with 5pdrtina Altcrniflora. 1 plan, 1/5F V 67) v Z N 89'46'01" E 537,71 GRAPHIC SCALE 0 50 100 i i ( IN FEET ) 1 inch = 100 ft. R VI'510 s Revetment Only 12130194 Grande Bar Apa rf rnents, Ltd. Add mitigation 3/3/95 Ero5ion Control 2evetment 511-LiCture Pidn & Mitigation Pldn FILE bclub3r.d?v9 j. . C,autier/Ar1N t=RO.I£(" t.:!. •,'„'tint tr •:., ,l:;?lr; Science and Engineering in the Trdditions of The Chdllenger Expedilion Chdifenger PINELLAS FL Entet?pri(;e5 21377 P o 8L).? 205 Inc. N.C,.V. D. = 1 ??2? 5a fctY Hdrbor, 2/7/94 Florida 34695-(?.^"O5 4 /,-3 93 Phonc ( 13) 7"6-761-':' 3 0 7 Vulac,c et H•16 Challernler, 1072- 1076 Fa \ 01-3) 7 4 - 100 ` f M i 1 r s' (' ,3EC. 17 TWR 50, QNG. IG E. `. • '.(III - u. ,. irtlt •.t ;r.t,' ' . /1? ._ f _•t ' :int.. .li ,I ,. ' t„j? I - i E 1.= , , = r i .- s 89.46'01' w ' i r, 1... ?.? ;. . 209.22 11 14 s . r .' It 4 } 14 )I i , 1 4 A , t3 , 'rC 7 ??ph r. .., 6 . 1 . ?I t.• ul•. 1L?1n31 Top StonC InF., 1,q-4,7- .? •`r.''rr?r - Elev.=/.O ?.. ;torn, Munn .•. II Limits of • flu. 1•'im C;• - { .l:a " - 5(606 3'cvetmen( Pi?l LI. \' •,('.?: 1,', dr }' In?r,r n?1„ ' , o•• _ i ^ 4 C, r, _0 ^ f1 ? r? Ord nage? 6pi'(5ee Sheet 7) * ' i If,. w = . 3 . • 1 ?, o t.r, %t-' l ?1 ?' • , yr _ ; i, . L ..• .. .. Tep Elev.=4.5 _ 4 i' ?._ .. fie, PV,.,,. •`. 'YI t,. F'.'r Ui. 114?rIt !tllt'1!'/ ? OS 0? Et0 r .lit OP ? SOP a' 1 t 1-1 :.,.1 n t.1t; i f'. 1 1 H , (.r a i { n ' .4 el n ?^ ti> ' r jl I LC\ . i O, io ede F' ( F'rl ; . 1 ri ' .' 1 .! Cu 'r c ° u N u _J C , d Eoy GRAPHIC 5CALL G c1 z 25 O 50 I ( IN FEET ) o O 1 inch = 50 ft. r? R£L'151ONS Revetment only 1/04/95 End Connection /West 8/01 /95 Cross-section ref. 12/ 1 /95 F!C£ OF.'•13", F'• bClub4r.dwq J. C,autier/AMN )I )N l r !.1 .'; PINELLAS FL N.G.V.D. rt,rrlE, n•v[ 4/0/93 Remove debris and overburden to expose existinq rubble within property of the Applicant. Place bedding stone and armor stone in this area to insure complete connection of the proposed to the existing rubble. T Grande Bay, Apd rtments, Ltd. Erosion ontrol Revetment Topographic Data & Project Dimensions Science and Engineering in the Traditions of The Chdllenger Expedition Chdllengel Enter^pl`ise? P U CEO' 285 Inc. -la f cty Harbor, F/orlda -14695-(74-?E15 Phonc (013) 726-7612 Voyage of (arts Challenger. 1072- 1076 Fox (1113) 7""14-100--2 a'.. •:Y 1l ', . ., -,,%, d C t u I !•:r .,..? L 1377 •STt C. /`?/94 .t Of 7 m.: SEC. 1 7 TWR 29 50. !`NC,. 1 G E. nyltl,i n 1' , „ f l..,i 1•. E',ayy Eyl s•r'r . 1 ? 1 r 1 ' y 14 ? ' { Irk ,r'1' , • ? , ?.•,,,.. r { 1 -: 1 7 11, N 81' 15'00' W ,,.,i f ::.. +'. ... -'?,•? ' + ; .?_. .. _--. -- ." - - .;'•,' ? ? off -? _ 11 r _ - _ ? ..... __. I_ - ... __.:... ._ ? .-- ..._ _._-" - -..._ .rir-3' - 1.:..Z- ? 1 ?. -+ - - .. - ' _ _ _ r-` ? - .rr ,, 7 ?f• Ir _1•. tat t - ,yam- 1? , w. , . -'1 4 N Tot: 1 t' 0, 7 ; Construct Drainage+^. ? 4•„ n,, ., 1 Const ,a+1,r,,,, 5tone C ve fa,,, + J Pool (5cc 5hect 7) r.„,r•i= I : T ?,,,.,, End of revetment e lment T = l op Elev.=4.5 ° ? Not to Exceed '' _ cv. 7.0, r op E 1. a r? ,? J . ' ... • ? Property Line Construct Ordindq +' ?' , 6, ,•.r.,,l., ,, , ? ; , Pool (5ce 5hect 7) - , Top F-Icv.= 4.5 ';B i 0! t d? C? J s V A? F f, YI 4 4 t_Ef-•rt ? r)AI 1P EE FAl_t,t 1F'CF Rr F' -- PER I[ oPC FD '.1 P'F'E1 E Flif'E 61F = '. +Pf•.A1CG t;L1,'+i. PIPE 1,p 0 Ci fr) It J I ,1 1 G Z CIP,APHIC SCALE (1 25 50 ( IN FEET ) I inch = 50 ft. RE?rSIOPI" Revetment only 1/04/95 (jra nde Ba oY Apa rtment5, L f d. Erosion Control Revetment ._ arr Topographic. Oa ja & Project Dimension.5 FIIE i+fi411N f+. bclub5r.dwg I. Gautier/AMN aR'O.7Fr•I r1,7 anr,+??Ffl 1r Science and Engineering in the Traditions of The Challenger Expedition : rd I F PINELLAS FL 1r, tr N.CIN.0. = 1929 ('.,I(. 4/0/93 Challenger Enterprises P O Box 285 Inc, 5a fety Harbor, Floridd 34695-0205 Phone (313) 726--7612 fAX (313) 724-1002 21377 2 /13/94 5 of 7 Vor'39c or NP15 Challenger. 1872- 1676 5c Lrnc of 15' San. Sewer C,kAPH1C SCALE Easment a to Vecletdted ( IN FEET ) Meet & Match Bern) & Dunc I inch = 10 (?. Existing Ground 5' Top Slone Oc?u - 1 z?nu j Qevetmcnt Armor Stone; Elcv. = 6.5 to 7.5 2evetmcnt 4 .4.. j1 Clean EdI Fill, a 5 I-CqUired - 1 Evistinc) Earth 10# - 100;7 Beddinq Stone P 5horeline Armorinq south Line of 15' San. Sewer hieet & hlatchEdsment Vegetated Existing around berm & Dune Elev.=6.5 to 7.5 Clean Ea rlh Fill, d5 required Existing Qubble``'- -= 5ection A-A (see Sheet 4) evetment only 1/04/95 2ernove debris and overburden to expose existing rubble within property or the Applicant. Place beddincl stone and armor stone in this area to insure complete connection of the proposed to the existing rubble. Crdnde 6dY ApdIjmonf5, Ltd. Erosion Control 2evetment F"rL: bclub6r.d r ~ J Gautier/AMN rtT• raj. PINELLAS FL na TOM N.G.V.O. Pevolment Profile 1+cicnce dod Engineering in the Tradilions of The Chdllenger Expcdilion chdllengel. En f ct-pri ses P 0 30\ X135 In C. 5a f ctr Harbor , FtLda 34695 -01205 Phone W IM 726- 761 vord9c of r+rl5 ci,au? ng-r, lt;7Z- IN 7t FO x NO 13) 71L-24 - 101(1 „ .,r a 1- •? , n' 9-1377 2/16/94 6 of 7 Jan-11-96 11:50A Char-water Eng. Soyv-ices 813-462-6641 °fr GRAPHIC SCALE n 2.9 Ij r iN rrt:T I inch = 3 h. OW- A Plan View 4JiJing earth Revetment armoring (T p) cv, =4.5 lop- JON ice);'-'(""?-_- --?=? •) 3 Stone --"'? J4. !l7' Section A-A Storm wa f e r C ut f a Il Splash Revetrneq onlf rr,F bclub7r.dwg rRnoG: r tvn 1'41taNn' S brrr PINEL A5 FL n1 T<pN N.q.v.Q. = 1929 Slo^fo CAT( -.. w- A I:" RCP `rrorni Pipe- $at- I Conc. Neadwau i t, _.f - - -? r - - t -•{ -}- Top of perm . ?'-- ? .'?' .? - I _ ? ? "' ?. ',' elev. - •t. 5 pool 1 /A4 /95 r.,rnt?: 'fFtix:£c r - - Gra6,de 6aY Apdrtmcnt,?. ltd. trosion Control Revetment eel Oraindge outtall Splash Focal aetail xience and Engineering in the Trdti,lioi)3 o The. l•f rJlImgt:r L kped,jicrn Chdllenger Enterprises p o aox 2635 Inc. 5a fetr Hat l?vr, Florida .14695-0005 Phonc (013) 7Z6-7612 vorage or HM Chdifengtr. It-W-1016 Fdx (6;413) 724-1002 P.02 h'liwrT/••?rn'•? N1?4IRCR' 2 1377 n.l:t 2111 /94 w: la i, r 17 ,?; 7 13/34 . -W/ „3..0 IV I -., ....., 14/03 AQMMMD" 1- "^ AGRMENT 3/33 g 10 14/04 5444-a'07 8 5444-807 3 L 05 ty DS'? l A I a? GULF To Y EIGUH!S /SP 15 14 13 12 11 10 9 11 1 ? 2 3 4 5 6 7 8 AIM O 10 11 RPA 18 S TO BAY 8 vo BLVD S S R w ? b: w 4 2 3 5 3 try ,c k I , 7 I , L-j , 1Aoo, i to 29 7 12 4" to 3 Ma 8 12 2 19 m 15 12 OF AY '2t 4r so 3 20 'S 2' 11 ?1+f 423 Co . 15 16 1 4 21 2 / 14 12f 13 13 2t t 0 Ore 4V 328 1x 19 1 6 1123 24 12 -lol T 00000 I Ptl a ?? ....cam - .+ RESOLUTION NO. 96-10 A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA, FINDING THE PROPOSED SHORELINE PROTECTION CONSTRUCTION PROJECT ASSOCIATED WITH THE GRANDE BAY APARTMENT COMPLEX TO BE A PUBLIC NECESSITY WITH MITIGATION REQUIRED; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Clearwater Comprehensive Plan contains Policy 1.1.1. which states: "Any permanent and temporary alteration of Department of Environmental Regulation JD.E.R.) jurisdictional or non-jurisdictional wetlands, beach dunes, or other above-mentioned natural systems shall only be permitted upon a finding by the City Commission of public necessity, and upon consideration of mitigation."; and WHEREAS, a shoreline protection construction project is proposed in a wetland area adjoining the Grande Bay Apartment complex; and WHEREAS, the State of Florida Department of Environmental Protection has issued a permit authorizing certain permanent construction in the wetland area adjoining the Grande Bay Apartment complex with mitigation required; and WHEREAS, the City of Clearwater Environmental Management Group/Engineering Department has reviewed the Grande Bay shoreline protection construction project and the State of Florida Department of Environmental Protection permit authorizing such construction, and finds that the proposed project is of public necessity due to the erosion occurring at this location that is undermining utilities and resulting in the loss of property and mitigation is needed for acceptable environmental protection so long as certain minor amendments to the project/permit are made; and WHEREAS, the City Commission accepts the finding of its staff that the project is of public necessity with mitigation required; now therefore, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The Grande Bay Apartment shoreline protection construction project, as modified in accordance with City of Clearwater Environmental Management Group/Engineering Department requirements, is a public necessity and mitigation is required; Section 2. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this day of . 1996. Rita Garvey Mayor-Commissioner Attest: Cynthia E. Goudeau City Clerk CITY OF CLEARWATER Interdepartment Corresppondence Sheet COPIES TO: COMMISSInN RFC;?!1?!=;:? TO: Mayor and City Commissioners JAN 1 7 1996 JAN o81996 PRESS THROUGH: Elizabeth M. Deptula, City ManaggG.ERK ATTORN^Y. FROM: Richard J. Baier, City Engineer ??I?Y MANAGER ? COPIES: Scott Shuford, Director of Centr 1 Permitting Tom Miller, Asst. Director of EfIG/Environmental John Richter, Senior Planner Michael Quillen, Water Resource Engineer SUBJECT: Grande Bay Apartments Shoreline Protection Project Resolution re: Public Necessity for Wetland Impacts DATE: January 5, 1996 This memorandum is to update you on the status of the subject project. On January 4, 1996 Engineering Department staff met with Florida Department of Environmental Protection (FDEP) staff and the project engineer to review the project with regard to discrepancies in the project drawings as approved by FDEP. The outcome of the meeting was that the discrepancies were not of the magnitude to require modification of the FDEP permit, and FDEP's project approval stands as is. These discrepancies have been corrected on the plans submitted to the City. Consequently, the Engineering Department now recommends that the subject resolution be scheduled for approval at the January 18, 1996 Commission meeting. •1 0 CLEARWATER CITY COMMISSION Agenda Cover Memorandum Item # Meeting Date SUBJECT: Pier 60 Drive, formerly Marianne Street and Coronado Drive RECOMMENDATION/MOTION: Adopt Resolution Number 96-04 Officially naming the access road to the new Pier 60 Park as "Pier 60 Drive", ® and that the appropriate officials be authorized to execute same. BACKGROUND: In conjunction with the Pier 60 Park design and the inclusion of Marianne Street and Mandalay Avenue rights-of-way into this design; the new Park Drop-off Road would not have an official designated name. Therefore, "Pier 60 Drive" would correct this situation and associate the new Park Roadway with the Park for the purpose of public identification and location. Legal 4r2 Budget N/A Purchasing N/A Risk 'Mgmt. N/A IS A [ ACM / ENG. OTHER NA M" submitted by: City Manager Originating Dept. /j Engineering Departmem J? User Dept. Traffic Field Operations Advertised: Date: Paper: Not required X Affected parties notified Not required X Costs: N/A (Current FY) Funding Source: Capt. Imp. Operating X Other Commission Action Approved Approved w/conditions Denied Cont'd to Appropriation Code(s) i Attachments: Resolution No. 96-04 Location Map PIEROGORAGN A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA, NAMING THE ACCESS ROAD TO THE NEW PIER 60 PARK AS "PIER 60 DRIVE"; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Clearwater wishes to name the access road to the new Pier 60 Park; and WHEREAS, the City of Clearwater desires to obtain the approval of the Florida Department of Transportation to place the street name on an overhead sign over SR 60 in advance of the actual park entrance, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The access road to the new Pier 60 Park, as shown on the attached Exhibit A, is hereby named "Pier 60 Drive". PASSED AND ADOPTED this day of January, 1996. Rita Garvey, Mayor-Commissioner Attest: Cynthia E. Goudeau, City Clerk on av?r?? N.T.S. NOTE: THIS IS NOT A SURVEY! ooRONADo1 OR. - ? I PROPOSED ~ PIER 60 DRIVE 1 1 I i 1 C ? NDgt ? I ..., mt I I Q ti I I a I cn U I ? I I WI Z I z? I rr I? CITY OF CLEARWATER. FLORIDA ENGINEERING DEPARTMENT I mm IT VAR ,no 12 cKmw IT STREET NAME Dwo MAC EXHTBTT A nr jrtwrn ov DESIGNATION Kite" r. IDATE AG N'DA ITEM #-,:q-jS7,4 ? 6 y? RESOLUTION NO, 96-03 A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA, ASSESSING THE OWNERS OF PROPERTY THE COSTS OF HAVING MOWED OR CLEARED THE OWNERS' LOTS. WHEREAS, it has been determined by the City Commission of the City of Clearwater that, for the purpose of promoting the health, safety and general welfare of the citizens and residents of the City, real property within the City should be cleared of weeds, rubbish, debris and other noxious material; and WHEREAS, notice pursuant to Section 20.38, Code of Ordinances, was provided to the owner of each of the lots listed in Exhibit A, and the notice required each property owner to cause the violation to be remedied or to file a notice of appeal within 10 days after the date the property was posted; and WHEREAS, the property owners have failed to take remedial action within the time provided and have failed to file a notice of appeal within the time allowed, or appealed the notice of violation but failed to take remedial action within the time provided by the Code Enforcement Board, and it became necessary for the City to take remedial action; and WHEREAS, the owner of each lot listed on Exhibit A has been provided with a notice and opportunity within which to pay the costs and administrative charges set forth on Exhibit A, but no payments have been received; now, therefore, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: ,jection 1. The City Commission finds the preamble hereof to be true and correct. Section 2. The City Commission hereby assesses a lien upon each parcel of real property listed on Exhibit A for the actual costs of mowing or clearing, plus administrative costs, as shown on Exhibit A. Section 3. The City Clerk is hereby directed to prepare a notice of lien against each property listed on Exhibit A and to record the same in the public records of Pinellas County, Florida. PASSED AND ADOPTED this _day of , 1996. Rita Garvey Mayor-Commissioner Attest: Cynthia E. Goudeau City Clerk PROPERTY OWNER LEGAL DESCRIPTION COST Goldie W. Batten Greenwood Park, Blk B, Lot 12 35.00 Frances Green Jurgen's Add to Clearwater, 41.65 c/o Dorothy Green B1k B, Lot 2 ADMIN. CMARGE TOTAL 200.00 235.00 200.00 City Housing Assist Palm Bluff 1st Add S50' Lt 14 35.00 200.00 Corp Daisy Williams Palm Park B1k C Lot 16 78.46 200.00 241.65 235.00 276.46 Bruce A. Harlan Tre Twin Oaks Sub, Lot 14 35.00 200.00 235.00 Rental Properties Trust RESOLUTION NO. 96-07 3,r* k. A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA, REQUESTING STATE ASSISTANCE IN THE RENOURISHMENT OF THE STORM RAVAGED BEACHES ON SAND KEY IN PINELLAS COUNTY; PROVIDING AN EFFECTIVE DATE. WHEREAS, the public policy of the State of Florida, as expressed by the Legislature in Chapter 95-248, Laws of Florida, is that "the beaches of the State are among the State's most important environmental resources and the restoration of eroding beaches is necessary to the economic interest of the State given their impact on tourism and on the protection of upland development": and WHEREAS, 61% of Pinellas County beaches are undergoing erosion, 56% of which is critical erosion, and both figures are among the highest in the State; and WHEREAS, in the past three years, Sand Key has suffered severe losses due to storms and storm-related beach erosion; and WHEREAS, in September, 1995 the Florida Department of Environmental Protection recommended $7.1 million State Erosion Control Assistance funds, in combination with $13.8 million and $2.3 million in federal and county funds respectively, for the Sand Key Phase IV beach restoration/renourishment project in fiscal year 19960- 1997; which project includes 1.5 miles of an 80' to 100' wide beach for Clearwater Sand Key, and renourishment for adjoining communities; and WHEREAS, Pinellas County has appropriated its share of the cost; the City of Clearwater has expended $1 million and purchased land for adequate beach parking and beach access; the Army Corps of Engineers has accelerated the project one full year; and the Federal government has committed to continued funding for its share of the construction and periodic renourishment of the beach through the year 2043; now, therefore; BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The City Commission hereby urges the Pinellas Legislative Delegation to vigorously support legislation which will provide the necessary State funds for the Sand Key Phase IV beach restoration/renourishment project as recommended by Pinellas County, the Army Corps of Engineers and the Department of Environmental Protection. Section 2. The City Clerk shall provide copy of this resolution to each member of the Pinellas County Legislative Delegation. PASSED AND ADOPTED this day of , 1996. Rita Garvey, Mayor-Commissioner Attest: Cynthia E. Goudeau, City Clerk RESOLUTION NO. 96-11 35 C' A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA, AMENDING RULE 12 OF THE CITY COMMISSION RULES RELATING TO COMMISSION ACTION ON ITEMS NOT ON THE AGENDA; PROVIDING AN EFFECTIVE DATE. BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: Section 1. That Rule 12 of the City Commission Rules is hereby amended to read as follows: ,N The City Manager, City Attorney, or any Commissioner may agenda an item. Any citizen may request a Commissioner to agenda an item, even though staff has assured petitioner that adverse action may result. The Chair cannot depart from the prescribed agenda but the Commission may do so by a majority vote or by consensus in response to a suggestion from the Chair. Continuance may be granted by a majority vote of the Commission upon the motion of any Commissioner. The public will be allowed to speak on an item to be continued if that item is an advertised public hearing, but no other action shall be taken. LBI Any expenditure of funds requiring commission action must be on the Agenda. with appropriate support material. No action may be taken on expenditures not on the agenda unless the commission determines by the affirmative vote of a majority plus one to permit action to be taken. JQ Not withstanding any other Rule to the contrary, section (B) of Rule 12 may be waived or changed only upon the affirmative vote of a majority plus one. Section 2. This Resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this day of , 1996. Rita Garvey, Mayor-Commissioner Attest: Cynthia E. Goudeau, City Clerk Resolution 96-11 3 C(?) 0-1- MEMORANDUM TO: The Honorable Mayor and Members of the City Commission !).,V FROM: Pamela K. AkinCity Attorney RE: Request for outside counsel - Association of Confederation Life Contractholders, et al. v. Commissioner of Insurance of State of Michigan re: Rehabilitation of Confederation Life Insurance Company DATE: January 12, 1996 The City of Clearwater Pension Plan has $4,000,000 in Guaranteed Investment Contracts (GIC's) with Confederation Life Insurance Company. In August of 1994, Confederation Life was placed in liquidation by the Canadian Government. Shortly thereafter, the Commissioner of Insurance for the State of Michigan, sought and obtained an Order of Rehabilitation for Confederation Life Insurance Company,U.S.. The Association of Confederation Life Contractholders, of which the City is a member, filed a class action suit challenging the Commissioner rehabilitation plan. The Association has invited members to participate as plaintiffs. In addition, the Association recommends that individual contract holders such as the City, investigate possible state guarantee coverage and remedies. Given the City's substantial investment, I recommend that we hire outside counsel with experience in this area. I request authority to retain outside counsel for am amount not to exceed $10,000 without further Commission action. PKA:jmp Copy to: Elizabeth M. Deptula, City Manager Margie Simmons, Finance Director Steve Moskun, Cash and Investments Manager PRELIMINARY AGENDA Clearwater City Commission Worksession - Tuesday, January 16, 1996 following CRA which begins at 9:00 A.M. but no later than 10 A.M. Clearwater City Commission Meeting - 6:00 P.M. - Thursday, January 18, 1996 Service Awards Convene as Pension Trustees Reconvene as Commission ED ECONOMIC DEVELOPMENT 1. FY 1995-96 HOME Funding Agreement with Pinellas County for funding to be provided under HOME federal housing program (Consent) GS GENERAL SERVICES 1. Purchase of one 1996 mid-size window van from Bill Currie Ford, Tampa, FL, for $17,437; and the following vehicles under Florida Sheriff's Association (FSA) Bid No. 95-03-0925: two 1996 4-door utility vehicles from Brandon Chrysler-Plymouth-Jeep Eagle, Brandon, FL, for $37,248; two 1996 1 /2 ton pickups with topper & bedliner from Carlisle Ford, St. Petersburg, FL, for $31,444.50; and award administrative fee of $200 to FSA; also, purchase one 1996 full-size panel truck from Regency Dodge, Inc., Jacksonville, FL, under State Contract No. 070-300-403, for $ 17,744; total cost of these purchases not to exceed $104,073.50; funding to be provided under city's master lease-purchase agreement PR PARKS AND RECREATION 1. Cooperative Agreement with SWFWIVID regarding placement of an Interactive Video Water Information Display at Moccasin Lake Park (Consent) EN ENGINEERING 1. Res. #96-04 - officially naming access road to the new Pier 60 Park as "Pier 60 Drive" (formerly Marianne Street and Coronado Drive) 2. Public Hearing - Declare surplus for purpose of exchanging for other real property, northerly 27.75' m.o.l. of vacant city owned property located at 1551 Gulf Blvd. on Sand Key, Sec. 19- 29-15, M&B 43.01 3. Contract for Exchange of Property located in Sec. 19-29-15 with Clearwater Key Association - South Bay, Inc., each parcel having an equal est. value of $34,475; pay for environmental audit, survey update, title insurance & closing expenses est. at $3,575 (Consent) SW SOLID WASTE 1. Purchase one 1995 Crane Carrier Centurion L.E.T. Truck with GS-Products Semi-automated Recycling Body from Crane Carrier Co., Tulsa, OK, for $99,700; financing to be provided under city's master lease-purchase agreement (Consent) CP CENTRAL PERMITTING 1 . (Cont. from 1 /4/96) Public Hearing & First Reading Ord. #5889-95 - LDCA amending permitted and conditional uses (LDCA 95-12) 2. Reconsider - Contraction / De-annexation for property located at 3001 Sunset Point Rd., Sec. 4- 29-16, M&B 23.03, .063 acres m.o.l. (Roetzer, A93-30, LUP93-41) 1/16/96 %- to 3. Res. #936@11 - Finding the proposed shoreline protection construction project associated with the Grande Bay Apartment Complex to be a public necessity with mitigation required CA LEGAL DEPARTMENT Second Reading Ordinances 1, Ord. #5950-95 - Annexation for property located at 2030 Calumet St., Clearwater Industrial Park, part of Lot 9 (Douglas R. Birch, Trustee, A95-26) 2. Ord. #5951-95 - Land Use Plan Amendment to Industrial Limited for property located at 2030 Calumet St., Clearwater Industrial Park, part of Lot 9 (Douglas R. Birch, Trustee, LUP95-32) 3. Ord. #5952-95 - IL Zoning for property located at 2030 Calumet St., Clearwater Industrial Park, part of Lot 9 (Douglas R. Birch, Trustee, A95-26) 4. Ord. #5953-95 - Annexation for property located at 1622 Sherwood St., Highland Pines 3rd Addition, Blk 16, Lot 6 (Rebecca L. Hutto, A95-27) 5. Ord. #5954-95 - Land Use Plan Amendment to Residential Low for property located at 1622 Sherwood St., Highland Pines 3rd Addition, Blk 16, Lot 6 (Rebecca L. Hutto, LUP95-33) 6. Ord. #5955-95 - RS-8 Zoning for property located at 1622 Sherwood St., Highland Pines 3rd Addition, Blk 16, Lot 6 (Rebecca L. Hutto, A95-27) 7. Ord. #5959-96 - Vacating (& Quit-Claim) city's interest in westerly 160' rn.o.l. of South Shore Blvd. r-o-w and the 20' temporary construction easement which crosses South Shore Blvd. to Fisherman's Wharf of Clearwater, Inc. (City, V95-22) 8. Ord. #5960-96 - Vacating full east/west r-o-w of Pinellas Street, lying between Waters Ave. & Bay Ave., subject to it being retained full width as a drainage, utility, ingress & egress and sidewalk easement (Morton Plant Hospital, V95-14) 9. Ord. #5961-96 - Vacating West 2' of 12' Drainage and Utility Easement lying along East side of Lot 27, Woodgate of Countryside Unit One, less South 5' (Joyce, V95-18) 10. Ord. #5965-96 - Vacating East 2.5' of 7.5' Drainage and Utility Easement lying along West side of Lot 406, Morningside Estates Unit 4 (Olson, V95-19) 11. Ord. #5966-96 - Vacating 5' Drainage and Utility Easement lying along Northeast side of Lot 52, Ambleside First Addition (Diemer, V95-20) 12. Ord. #5967-96 - Vacating (& Quit-Claim) city's interest in water main easement granted to the City by Florida Power Corp. on 2/20/95 back to Florida Power (Secs. 6-29-16 & 7-29-16) (City, V95-15) 13. Ord. # 5968-96 - Amending Art. III of Ch. 2; designating an official city seal; establishing general restrictions on the use of said seal Resolutions 1. Res. #96-03 - Assessing property owners the costs of having mowed or cleared owners' lots Agreements, Deeds and Easements 1. Acceptance of utilities easement (Monin, Inc.) 2. Acceptance of warranty deed for right-of-way (Park Place Land, Ltd.) OTHER CITY ATTORNEY ITEMS City Manager Verbal Reports Commission Discussion Items 1. Direction re Sand Key beach renourishment 2. Registration of Lobbyist Other Commission Action Adjourn 1/16/96 2 TO: Mayor Rita Garvey FROM: Betty J. Blunt, Confidential Clerk Receptionist COPIES: City Commissioners, Betty Deptula, Cyndie Goudeau SUBJECT: Presentation at the January 16, 1996 Work Session DATE: January 16, 1996 The following presentation will be made at the January 16, 1996 Work Session. ea p° (each employee will receive a letter of appreciation and a service pin) James Enigk, Public Works Charles Jeffries, Public Works Nancy Deleon, Human Resources Dane Heatherington, Engineering Cynthia Mayberry, Engineering 1Q ears (each employee will receive a letter of appreciation and a desk or wall clock) `John Llauget, Parks & Recreation (desk clock) 'Gordon Grandi, Gas System (wall clock) Wendy Campbell, Fire Department (desk clock) Vtester Pulfer, Solid Waste (desk clock) Donald Beckman, General Services (desk clock) ? Sandra Glatthorn, Central Permitting (wall clock) John Johnson, Engineering (wall clock) ,/Thomas Cobb, General services (wall clock) 1 ea (each employee will receive a letter of appreciation and a plaque) ,/Helga Lanier, Public Works ,/ Mary Case, Public Works ,/Cynthia Climan, Human Resources Y 20 yeea_rs_ V/Linda Myers, Finance (letter of appreciation and a watch with city seal) 0Je'? 25 years VDavid Hartman, Police (letter of appreciation, day off with pay, dinner certificate) employee has received dinner certificate) 3 years Ozell George, Parks & Recreation (letter of appreciation, and a ring with city seal) ,/EMPLOYEE OF THE MONTH for December, 1995 is Vincent Mohr. Police Department (employee has received his check, only plaque need to be presented) DEC 21 '95 08:10x1 P. 1/2 City Cornrnission C'T'Y OF CLEARWATEIZ P.O. BOX 4748 CT EARWATER, FLORIDA 34618-4748 MAMORAMTJ,tV,[ COPIES TO- 70: ??PAISSIC??; Pam Akin, City Attorney DEC 21 1995 FROM: Fred A. Tbomas, Commissioner PRr-SS CLERK -, ATTGR?:-'•r DATE: December 20, 1995 SUMECT: Registntion of Lobbyist in the City of Clearwater CC: Mayor, Carnmission, City Manager I would h*b,- you to bring fonvard to the City Commission some research on the lobby reglstra.tion laws that are in the City of 'pampa or Hillsborough County and any odw area in the state of Florida so that we tin review having peopla that lobby City Commissioners and city stag registered formally as official lobbyist. 33ring this forward to a work session when you have the material available. Thank you. FAT/jej w M E M O R A N D UM 0(, An TO: The Honorable Mayor and Members of the City Commission FROM: Pamela K. Akin, City Attorney RE: Lobbyist Registration DATE: January 16, 1996 Lobbyist Registration ordinances vary widely in scope and complexity. Below are some of the issues for discussion concerning lobbyist registration. 1. Who is a lobbyist? a. any person acting on behalf of another OR b. any person who is employed or retained to act on behalf of another POSSIBLE EXCEPTIONS: a. public official or government employee b. representative of not-for-profit corp. C. expert witnesses 2. What is lobbying? a. attempting to influence action or non-action on any pxdijig matter, including ordinances, resolution or other action 3. How? a. private meetings OR 00- b. any oral or written communication POSSIBLE EXCEPTIONS: a. persons appearing at Commission meeting (citizens to be heard) b. persons requested to appear c. Contact initiated by Commissioner, Board member, Manager etc. 4. To whom? a. Commission b. All City Boards C. City Manager, Deputy and Assistant City Manager, City Attorney and CRA Executive Director d. Department Heads e. other staff 'Ito t2ll-ooo' Infonnation M Memorandum To: `'Betty Deptula, City Manager 1 KY.NMN'•1Y/.V.44\\MYAY.YMS RECEIVED JAN 10 1996 ,;;ITY MANAGED CC: Jeff Harper, IM Director From: Laura Crook, Asst. Director of Information Management Date: January 9, 1996 Re: Video Conferencing Presentation for the Commission v96 COPIES TO; COMMiSS!0 ,, JAN 11 1996 - CLERK / Ai TORN } ' '`str I received the attached letter from John Dabnor regarding the CQ#Essons request for a presentation on video conferencing. All numbers ;: provide :are based on the assumption of 20 "slave" video locations, 10 in the Police .......... T' "ri?ont and 10 in the MSB {or any combination in the two buildin s to g talin 20 ;.:: g P-W` o is). It was a bit difficult to determine exactly what Commissioner Thomas' vtstowwas, so please advise if John Dabnor needs to be redirected. I need to have something to you from Mr. Dabnor by 1/26/96 in order to make the 2/12 work session. Please let me know if you want a presentation from Mr. Dabnor based on the concepts detailed below or if you would like us to go in a different direction altogether. To summarize John's letter, his research has shown that the "master/slave" scenario will cost approximately $700,000. The quality of the video would be 10 frames per second. One of the reasons it is so expensive is that it requires a 20 screen control system. The system would be designed with a "video wall" in the Chambers, consisting of 21 video monitors, one of which would be a large screen TV. When all the participants are connected, the Managers would each be visible on a small screen and will be selected by the Commission to be projected individually on the big screen. All of the participants will be able to see the Commission but will not be able to see each other, however, with an audio bridge, all participants will be able to hear each other. In a non-Commission based conference, any of the equipped Manager's Amoy 9, 1996 offices could dial up any of the other Manager's by a dial up connection. Please note that, if the City wanted to do any group conferences, all participants would have to be in the Chambers, as no other site would be equipped for a group conference. Another alternative would be to equip all Manager's offices for video conferencing over the PC and have a single PC station for video conferencing in the Chambers. This would provide one on one conferencing ONLY, from one manager to the Chambers. No other participants could be involved, not even from an audio perspective. This is not the "master/slave" concept that Commissioner Thomas mentioned. Both of these options will require changing the Manager's PCs to a 120 MHz, PCI video, 32 MB RAM machine, and installing a video conferencing software package on the PCs, such as Intel's Proshare. The estimated cost for each PC is $2600, plus the cost of the video conference software (approximately $1200 per unit); plus possible video control switches from Sprint and ISDN cards for each end of the fiber circuit, If you wanted to conference to any other City building (not part of the City fiber network) we would need to lease ISDN phone service to those sites. This is a very complex issue, in a young industry that is lacking standards. The reason IS originally did not propose a PC based system is due to the unprofessional quality of most PC based video conferencing systems, the resources they require and the lack of standards. We are under a tight deadline on this project. Please let me know how you would like Mr. Dabnor to proceed. 2 J from: John Debrbor To: La" Crook DeW 1A /'D6 T1mo: 14:57:26 Pap t of 3 i J. DabnOr Technology Consulting Specialists in Systems Integration, Technology Marketing and Outsourcing Services 8 January 1996 Laura Heres the fax I sent to your other number By way of an update of the very latest ( as of today) the proposed system as described here will be over $700,000 due to the expense of the 20 screen control system. The existing 3 room set up quote is of course still valid Another alternative would be to go ahead and equip all managers PC's for PC videoconferencing and establish individual videoconferences with the commission. They will only be able to do a "one on one" and no other participants could join in or even hear. This is not what Mr Thomas wanted. The costs would be about $2500 per PC plus the cost of the commission room equipment, Regards/johnD 4 January 1996 To Laura Crook/CIS Laura. This is a copy of the update I gave AEI and DR by way of an explanation as to how it appears the video conferencing will have to work to accommodate Mr Thomas... this is "FYI" for configuration/operation purposes. Regards JD To: Ron MclIveen Dean Rowe Subject: Update on City Clearwater Video Conferencing directive/City Commission Gentlemen, By way of an update...... . It would appear that in order to accommodate Mr. Thomas's requirements the following would be the required scenario: * First we have to recognize that video conferencing is a 2 participant technology only i.e. group to group or individual to individual but its still only 2 participating locations at a session. All the managers ( 20 total with 2 x 10 in each building) will have their Pentium PC's upgraded to 32MB RAM and Intel Proshare installed.....Tlie Proshare device is a color image 10 frames per second desktop audio and video conferencing device allowing for 2 images on the PC screen ( the far end and the near end) during a video conference. In a Proshare to Proshare connection ( such as between 2 of the managers) each participant has far end control of the others camera... we will need to remember the importance or this feature when dealing with the Commissioners as I'm not sure that what their 19321 US 19 N. Suite 300. Ckarwda.Florida34624. Te1813.789.7223 Fax 813.330.7377 /&Mad: 75677,2337 C Compuscm.Com f r 1 from: John Dabnor To: lwrs Gook D*Ao: t/M5 Tknc 14;58:12 r" 2 of 3 J Dabl?Or Technology Consulting Specialists in Systems Integration, Technology Marketing and Outsourcing Services equipment necessarily has to be can control a Proshare ( i.e. they will not be Proshare)....the managers telephone connections/phones will need to be changed/upgraded to "ISDN....... ISDN is another all digital format in the Meridian but it conforms to a particular protocol to allow applications such as video conferencing In the Commission Chambers the managers will "terminate" on a "video wall"....a video wall is a bank of TV's... in this case will be S TV's by 4 TV's ? 2 by 10?... I can't think of a better way as the technology just isn't there to blend all the participants... .the video wall will necessarily need to be 20 screens... they can be 12", 13", 19" /whatever and in the middle of the bank of screens, or to the side will be a big screen TV ( I'm explaining this in some detail to describe what you will need to accommodate in the remodeling) ....when all the participants are connected the managers will in effect be individually projected to a single (small) screen and will be selected individually for presentation on the big screen. All of the participants will see the commissioners but not each other. The Commissioners will see 21 screens... 20 managers with one small screen either blank when that participant is on the big screen or a duplicate, The individual screens could be labeled so that the Commissioners could see at a glance who is and who is not in the conference ( without recognition of the individual). All of the participants will be able to hear each other as they will all be connected in an audio bridge. From the point of view of a manager he/she will be video conferencing with the Commissione,rs but the Commissioners will not be specifically "talking" (video communication) to them until they ( the Commissioners) decide to put them on the big screen....however all audio will be heard by all participants at all times..... In a non-Commission conference any of the equipped managers can video conference with any of the other managers by dial up connection ( and loading the application on their PC). ....this solution is likely to be even more expensive than the 3 conference rooms which is still a better idea (I think) as they will still need to video conference groups and under this scheme only the Commission chambers will have the capability... this means that should any group want to do a teleconference to any other City or location they will have to drive over to the City Hall building to do it.... We may also have to consider the ramifications of the Sunshine Law with respect to the conferences... the equipment may need recording equipment added?....this can be relatively simple as the big TV can have a VCR attached and can record any and all video and audio conversations Sprint is still working on the configuration as it will require at least S video control switches in the Commission chambers. I spoke to Laura Crook and she said this was an agenda item moved to Feb 1996 but she/they need input by the end of Jan in order to prepare their presentation. I will give you another update later as we get closer to a solution on this. RegardWohn Dabnor 19321 US 19 N. Suitt 500. C earwatcr.Florida.34624. Td 813.789.7223 Fax 813.530.7377 /E-Mail- 75672,2537 @ Compnserve.Corn i // './I (' L') Oct ? rg?? RESOLUTION NO. 96-00 A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA, AMENDING RULE 12 OF THE CITY COMMISSION RULES RELATING TO COMMISSION ACTION ON ITEMS NOT ON THE AGENDA; PROVIDING AN EFFECTIVE DATE. BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: Section 1. That Rule 12 of the City Commission Rules is hereby amended to read as follows: The City Manager, City Attorney, or any Commissioner may agenda an item. Any citizen may request a Commissioner to agenda an item, even though staff has assured petitioner that adverse action may result. The Chair cannot depart from the prescribed agenda but the Commission may do so by a majority vote or by consensus in response to a suggestion from the Chair. Continuance may be granted by a majority vote of the Commission upon the motion of any Commissioner. The public will be allowed to speak on an item to be continued if that item is an advertised public hearing, but no other action shall be taken. M Any expenditure of funds requiring commission action must be on the Agenda. with appropriate support material No action may be taken on expenditures not on the agenda unless the cOMMission determines by the affirmative vote of a majority plus one to permit action to be taken. LQ . Not withstanding any other Rule to the contrary, section (B) of Rule 12 may be waived or changed only upon the affirmative vote of a majority plus one. Section 2. This Resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this day of 1995. Rita Garvey, Mayor-Commissioner Attest: Cynthia E. Goudeau, City Clerk A PARALYZED VETERANS OF AMERICA FLORIDA GULF COAST >- 121 West 122nd Avenue Tampa, Florida 33612 COPIES ' TEL. (813) 935-6540,6826 COMMISS N ? © FAX (813) 935-7318 ) DEC2619 95 December 21, 1995 The Honorable Rita Garvey Mayor of Clearwater P.O. Box 4748 Clearwater, FL 34615 Dear Mayor Garvey: CLERK J ATTOR,,? Y, It has come to our attention the City of Clearwater is being confronted with somewhat of a dilemma regarding the dock constructed at the Community Sailing Center to service the Clearwater Pass Ferry. It is my understanding that once the Clearwater Pass Bridge was rebuilt, the "temporary permit" would expire and the dock would be dismantled. On behalf of the Florida Gulf Coast PVA, and over one hundred of its members residing in your immediate area, we petition your office to take appropriate action to acquire a "permanent permit" to retain this dock. Prior to its construction, Clearwater had no accessible path to any of its waterways. The ADA Accessibility Guidelines clearly outlines "reasonable accommodations" are to be made for all public facilities, and the Sailing Center's dock exceeds these requirements by far. Clearwater, as well as the majority of Pinellas County, has been one of the front runners of ADA compliance in the State of Florida. We question the reasoning of any entity that would want to decimate what is a model example to cities throughout the Unites States. We have also learned the Sailing Center's dock was built with Clearwater tax dollars and is being maintained and operated with the same. This does not include the additional $4,000 (approximate) spent on the special lift to transfer mobility impaired passengers from the dock to their vessels. It is our contention that the loss of this facility would not only be a travesty, but a horrendous misuse of tax dollars. Once again, Florida Gulf Coast PVA and its members would vehemently oppose the removal of any structure serving as an accessible accommodation. We beseech you to do everything in your power to preserve what the City of Clearwater has already accomplished. Thanking you in advance for your efforts to serve the disabled community. Sincerely Paul D. Wolbert Government Relations Chartered by Congress