01/23/2003
CITY COMMISSION
MEETING
01/23/03
NOTE: 01/21/03
PRELIMINARY (WS) AGENDA & PAPERWORK
THAT WAS IN PACKET INITIALLY BUT THEN
NOT CONTINUED ONTO THURSDA V'S
COMMISSION AGENDA IS AT THE BACK OF
THIS AGENDA PACK.
ACTION AGENDA - CLEARWATER CITY COMMISSION MEETING
Thursday, January 23,2003 - 6:00 P.M. - Commission Chambers
ITEM #1 - Invocation - Commissioner Jonson
ITEM #2 - Pledqe of Allegiance - Vice-Mayor
ITEM #3 - Service Awards - None
ITEM #4 - Introductions and Awards - Given
a) Proclamation: Clearwater Gas System 80lh Year Anniversary
b) Neighborhood Awards of the Quarter - presented to Skycrest Neighborhood and homeowners of Homes of
the Quarter: 1) Joe Argentine; 2) Ben Bryant; 3) Mr. and Mrs. John Johnson; & 4) Frances Powell
c) Public Communications for First Place FGCA (Florida Government Communicators Award) for CIP
newsletter
Vice-Mayor Gray congratulated City Clerk Cyndie Goudeau on her acceptance into the 151 level of the
International Institute of Municipal Clerks' Master Municipal Clerk Academy
ITEM #5 - Approval of Minutes - 1/23/03 regular meeting - page 18 - Mayor appointed Tim
Johnson to the Charter Review Committee.
ACTION: MINUTES APPROVED AS AMENDED.
ITEM #6 - Citizens to be heard re items not on the Aqenda
Virqina Albert said she often is disturbed at home by music and noise from Shephard's Beach Resort from
3:00 to 11 :00 p.m.
John Doran said last Saturday he had attended the grand opening of the North Greenwood library, which is
a beautiful facility, He said the nearby traffic circle works well.
Sandy Britton, representing the Clearwater Beach Association, Jerry Murphy, Anne Garris, Georqia Boyce,
and Myra Bassev spoke in appreciation of the Commission's direction for staff to clarify that minimum
rentals in single family zones are 30 days.
PUBLIC HEARINGS
ITEM #7 - Public Hearinq - Declare as surplus for the purpose for offerinq for sale in compliance with City
purchasinq regulations a portion of Block H, Avondale Sub. and a portion of Block D, Norwood 1 st Addition.
commonlv known as "Fulton Apartments" for the minimum bid amount of $925,000, subject to special
conditions of the Fulton Apartments Declaration of Surplus Criteria, (PW)
ACTION: Approved.
ITEM #8 - Public Hearinq - Declare as surplus Pinellas County metes and bounds Parcel 16-29-15-00000-
120-0600 and offer for sale in compliance with City purchasing regulations for a minimum bid amount of
$187,000, subject to the successful bidder committing to initiating construction of a redevelopment project
within an FAR of not less than 3.0 and of not less than 216,000 sq. ft., more or less, within five years of
purchase. and subject to existing lease with Arnold-Brown Properties, (PW)
ACTION: Approved.
ITEM #9 - Public Hearinq & First Readinq Ord 7091-03 - Approve the applicant's request to vacate the 5-foot
drainage and utility easement lying along the West property line of Lot E. Rolling Heights Subdivision (A.K.A.
2316 Drew Street), less the north 20 feet thereof. (V2003-01 Drew Park LLC) (PW)
ACTION: Approved. Ordinance passed 1st reading.
ITEM #10 - Public Hearinq & First Readinq - Ord 7093-03. Ord 7094-03. and Ord 7095-03 - Approve the
petition for Annexation, Land Use Plan Amendment from Residential Urban (RU) to Residential/Office Limited
(Rial), and Zoning Atlas Amendment from County Zoning A-E, Agricultural Estate Residential District to City
Commission Action Agenda 2003-0123
1
01/23/03
0, Office District of properties located at 107 Hampton Road (consisting of Metes and Bounds 13/04 and a
portion of 13/044 in Section 16, Township 29 South, Range 16 East) (Limited Properties, Inc. & Hampton
Road Development Corp. ANX2002-12023 and lUZ2002-12013) (PlD)
ACTION: Approved. Ordinances passed 1 st reading.
ITEM #11 - Public Hearing & First Readinq - Ord 7070-03. Ord 7071-03, and Ord 7072-03 - Approve the
petition for Annexation, land Use Plan Amendment from County Residential Urban (RU) to City Residential
Urban (RU) and Zoning Atlas Amendment from County A-E, Agricultural Estate Residential District, to City
LMDR, Low Medium Density Residential District for 2400 Varsity Drive (consisting of Metes and Bounds 42/02
in Section 7, Township 29 South, Range 16 East) (George Hunt ANX2002-10016) (PLD)
ACTION: Approved. Ordinances passed 1st reading.
ITEM #12 - Public Hearinq & First Readinq - Ord 7064-03, Ord 7065-03. and Ord 7066-03 - Approve the
petition for Annexation, Land Use Plan Amendment from County Residential Low (RL) to City Residential Low
(RL) and Zoning Atlas Amendment from County R-3, Residential Single-Family District, to City LMDR, Low
Medium Density Residential District for 1740 Ragland Avenue (Lot 55), Clearwater Manor Subdivision)
(Charlotte Sisk ANX2002-10017) (PLD)
ACTION: Approved. Ordinances passed 1st reading.
ITEM #13 - Public Hearinq & First Readinq - Ord 7067-03, Ord 7068-03, and Ord 7069-03 - Approve the
petition for Annexation, Land Use Plan Amendment from County Residential Low (RL) to City Residential Low
(RL) and Zoning Atlas Amendment from County R-3, Residential Single-Family District, to City LMDR, Low
Medium Density Residential District for 1925 Ashland Drive (Lot 51, Citrus Heights Manor First Addition)
(Janet Ergang ANX2002-10018) (PLD)
ACTION: Approved. Ordinances passed 1st reading.
Public Hearing - Second Reading Ordinances
ITEM #14 - Ord 7045-03 Annexation for 1607 Stevenson's Drive (Lot 6, Block C, Stevenson's Heights in the
Northwest quarter of Section 10, Township 29 South, Range 15 East); Owner: Jacqueline L. Walters.
ANX2002-090 13
ACTION: Ordinance adopted,
ITEM #15 - Ord 7046-03 Land Use Plan Amendment as Residential Low for 1607 Stevenson's Drive (Lot 6,
Block C, Stevenson's Heights in the Northwest quarter of Section 10, Township 29 South, Range 15 East);
Owner: Jacqueline L. Walters. ANX2002-09013
ACTION: Ordinance adopted,
ITEM #16 - Ord 7047-03 Zoninq Atlas Amendment as Low Medium Density Residential (lMDR) for 1607
Stevenson's Drive (Lot 6, Block C, Stevenson's Heights in the Northwest quarter of Section 10, Township 29
South, Range 15 East); Owner: Jacqueline L. Walters, ANX2002-09013
ACTION: Ordinance adopted,
ITEM #17 - Ord 7048-03 Annexation for 1370 State Street (consisting of the southwest corner of Lot 10, E.A.
Marshall's Subdivision in the East 1/2 of Section 3, Township 29 South, Range 15 East); Owners: Ido and
Daphna Fischler ANX2002-09014
ACTION: Ordinance adopted,
ITEM #18 - Ord 7049.03 Land Use Plan Amendment as Residential Low Medium for 1370 State Street
(consisting of the southwest corner of Lot 10, E,A. Marshall's Subdivision in the East 1/2 of Section 3,
Township 29 South, Range 15 East); Owners: Ido and Daphna Fischler ANX2002-09014
ACTION: Ordinance adopted,
Commission Action Agenda 2003-0123
2
01/23/03
ITEM #19 - Ord 7050-03 Zoninq Atlas Amendment as Medium Density Residential (MDR) for 1370 State Street
(consisting of the southwest corner of Lot 10, E,A. ~,1arshall's Subdivision in the East 1/2 of Section 3,
Township 29 South, Range 15 East); Owners: Ido and Daphna Fischler ANX2002-09014
ACTION: Ordinance adopted.
ITEM #20 - Ord 7051-03 Land Use Plan Amendment from Industrial limited to Institutional for property located
at 1285 South Ft. Harrison Avenue and 609 Pinellas Street on the east side of South Fort Harrison Avenue and
the south side of Pinellas Street, approximately 620 feet north of Lakeview Road, consisting of portions of
Poms Park, Petzold Gulf View, and A.C. Turner's Addition to Milton Park Sub, and Section 21, Township 29
South, Range 15 East, M&Bs 11.03 and 11.04; Owner: Morton Plant Hospital Association, Inc. LUZ2002-
09008
ACTION: Ordinance adopted.
ITEM #21 - Ord 7052-03 Rezoninq Amendment from Industrial Research & Technoloqy to Institutional for
property located at 1285 South Ft. Harrison Avenue and 609 Pinellas Street on the east side of South Fort
Harrison Avenue and the south side of Pinellas Street, approximately 620 feet north of Lakeview Road,
consisting of portions of Poms Park, Petzold Gulf View, and A.C. Turner's Addition to Milton Park Sub, and
Section 21, Township 29 South, Range 15 East, M&Bs 11,03 and 11.04; Owner: Morton Plant Hospital
Association, Inc. LUZ2002-09008
ACTION: Ordinance adopted.
ITEM #22 - Ord 7053-03 Annexation for properties at 10 East Meadowlark Lane; 3001-3062 Chesapeake
Street; 3025 Cleveland Street; 3039 Cleveland Street; 3032 Eastwood Street & 3036 Eastwood Street (in
Section 16, Township 29 South, Range 16 East); Owner: First Baptist Church of Clearwater, Inc. ANX2002-
09015 and LUZ2002-09009
ACTION: Ordinance adopted.
ITEM #23 - Ord 7054-03 Land Use Plan Amendment from Residential Urban and Residential Low Medium to
Institutional and Initial Desianation of annexed property as Institutional for properties at 10 East Meadowlark
Lane; 3001-3062 Chesapeake Street; 3025 Cleveland Street; 3039 Cleveland Street; 3032 Eastwood Street &
3036 Eastwood Street (in Section 16, Township 29 South, Range 16 East); Owner: First Baptist Church of
Clearwater, Inc, ANX2002-09015 and LUZ2002-09009
ACTION: Ordinance adopted.
ITEM #24 - Ord 7055-03 Rezoninq Amendment from Mobile Home Park (MHP) and Low Medium Density
(LMDR) to Institutional (I) and initial zoninq of annexed property as Institutional for properties at 10 East
Meadowlark Lane; 3001-3062 Chesapeake Street; 3025 Cleveland Street; 3039 Cleveland Street; 3032
Eastwood Street & 3036 Eastwood Street (in Section 16, Township 29 South, Range 16 East); Owner: First
Baptist Church of Clearwater, Inc. ANX2002-09015 and LUZ2002-09009
ACTION: Ordinance adopted.
ITEM #25 - Ord 7061-03 to approve applicant's request to vacate the 10-foot drainaae and utility easement
located in the north 18 feet of Lot 83, Countryside Tract 58. (AKA 3336 Windchime Drive West), less the west
10 feet thereof, together with the 10-foot drainage and utility easement portion located in a vacated portion of
Cloudview Drive, (V2002-14 Agelatos)
ACTION: Ordinance adopted.
ITEM #26 - Ord 7062-03 providinq a Reclaimed Water availability schedule to enable billinq division for
commercial properties that minimally utilize reclaimed water.
ACTION: Ordinance adopted.
Commission Action Agenda 2003-0123
3
01/23/03
ITEM #27 - Ord 7075-03 - amendinq Chapter 22, Section 22.59 of the Code of Ordinances adding the fenced-
in area of the Clearwater Community Sailino Center in which alcoholic beverages may be possessed, sold and
consumed
ACTION: Ordinance adop<ed.
ITEM #28 - Ord 7090-03 - implementinq chanoes to the qrease control proqram for the wastewater collection
system
ACTION: Ordinance adopted.
CITY MANAGER REPORTS
CONSENT AGENDA (Items #29-40) - Approved as submitted.
ITEM #29 - Approval of Purchases (& Declaration of Surplus) per Purchasinq Memorandum:
1) Purchase of two (2) HP5470 Server for S 1 05,563.26 from Dimension Data. Clearwater, Florida. (IT)
2) Work Order for engineering. construction. and inspection services for off site drainage improvements for
Town Pond for $50,764 from Post. Buckley Schuh & Jernigan. Inc., Tampa, Florida, (PW)
ITEM #30 - Authorize the City of Clearwater to enter into an Aqreement with the Housinq Finance Authority of
Pinellas County. whereby the City will provide up to a maximum of S 100,000 in State Housing Initiatives
Partnership (SHIP) funds for low-income households going through the "Housing Finance Authority of Pinellas
County - SHIP Assisted Loan Program". (ED)
ITEM #31 - Request for authority to settle the workers' compensation claim of Claimant, Ronnie White, in its
entirety to include medical, indemnity and attorney fees for the sum of $30.000. Additionally the City of
Clearwater will waive entitlement to any lien it may have as a result of any third party claim the Claimant may
have resulting from this accident. (FN)
ITEM #32 - Approve a line of credit with the Clearwater Community SailinQ Association from the General
Fund for up to $50.000 with interest at approximately the cash pool earnings rate (to be determined by the
Finance Director) to be used only to pay salaries. such loan to be repaid to the City by the end of the initial
three year term which expires September 30. 2005. (MR)
ITEM #33 - Approve a Supplement to Community Sports Complex Amendatory AQreement between the City
of Clearwater and the Philadelphia Phillies, correcting City's capital contribution and definition of "Community
Sports Complex", (PR)
ITEM #34 - Award a contract for the Northwood Estates DrainaQe Improvements (02-0026-EN) to Harvey-
Taddeo, Inc, of Oldsmar, Florida for the sum of $68,530 which is the lowest responsible bid received in
accordance with the plans and specifications. (PW)
ITEM #35 - Approve the Interlocal AQreement between Pinellas County Environmental Manaqement and the
City of Clearwater for the development, implementation. and operation of a County wide Ambient Water
Quality Monitoring Program for six years at an estimated total cost of $145,500, (PW)
ITEM #36 - Disband Clearwater Beach Entrvway Committee (ORLS)
ITEM #37 - Approve construction authorization for the new Main Library to Turner Construction Company.
500 N. Westshore Blvd., Tampa, FL in an amount not to exceed $2,413.621, (LIB)
ITEM #38 - Approve the final amended budqet for the Community Sports Complex Development and
Construction capital proiect in the amount of 522,512.997. (PR)
Commission Action Agenda 2003-0123
4
0'; /23/03
ITEM #39 - Approve an expansion to the Police Department's Take Home Car Plan to increase visibility of
patrol officers and vehicles to the citizens of Clearwater in the total amount of $372,700,00 for cars and
equipment. This purchase will include the awarding of a contract to Don Reid Ford of Maitland, Florida, in the
amount of $247,150.00, for the purchase of ten (10) 2003 Ford Crown Victoria Police Sedans, in accordance
with Sec. 2.564 (1 )(d) Florida Sheriff's Association Bid 02-010-0826, (PO)
ITEM #40 - Set an Attorney-Client Session re City of Clearwater vs. The Oaks of Clearwater for 8:30 a,m. on
2/3/03
OTHER ITEMS ON CITY MANAGER REPORT
ITEM #41 - Approve a Joint Project Agreement with the State of Florida's Department of Transportation to
relocate natural Qas mains during improvement project, FPN: 2571050-1-56-03/WPI No. 7117138/SPN:
15120-3527/Pinellas County, SR 688 (Ulmerton Road)/from Oakhurst to 11 9th Street, at an estimated cost of
$321,160.50, and adopt Resolution 03-06. (CGS)
ACTION: Approved. Resolution adopted.
ITEM #42 - Adopt Resolution 03-04 authorizinq FOOT Supplemental Aqreement #4, to include one hundred
percent (100%) fundinq UP to $20,000 dollars for additional security fencing at Clearwater Airpark, (MR)
ACTION: Approved. Resolution adopted.
ITEM #43 - Adopt Resolution 03-05 authorizes the Mayor-Commissioner to execute the Mutual Aid
Aareement which will permit voluntary cooperation and assistance of a routine law enforcement nature across
jurisdictional lines and operational assistance by and among these law enforcement agencies. (PO)
ACTION: Approved. Resolution adopted.
ITEM #44 - Other Pendinq Matters - None,
CITY ATTORNEY REPORTS
ITEM #45 - Other City Attorney Items - None.
ITEM #46- City Manaqer Verbal Reports
Countywide Traffic Signal System
ACTION: Commission verified their direction that a Countywide Traffic Signal System should be
implemented in phases with Phase One addressing Countywide arterial roadways that
transcend local boundaries. Only if City levels of service are maintained on Phase One
roads will the County's control of City traffic signals be considered for expansion to collector
roads.
ITEM #47 - Commission Discussion Items
a) 01/27/03 Downtown Redevelopment Special eRA Meeting
ACTION: Meeting verified.
ITEM #48 - Other Commission Action
Hibbard and Hamilton wished good luck to the Tampa Bay Buccaneers on Sunday at the Super Bowl.
Hibbard, Hamilton, and Gra\" said they had enjoyed attending the grand opening of the North Greenwood
Library on 1 /18/03 and complimented staff efforts.
Commission Action Agenda 2003-0123
5
01/23/03
Hibbard invited residents to attend tomorrow's concert at Coachman Park.
Hibbard invited residents to attend a fundraising auction at the Clearwater Marine Aquarium on 2/13/03
from 6:00 to 10:00 p.m.
Jonson complimented Commissioner Gray for doing a good job running the meeting and Work Session,
Jonson said the PST A is considering asking Treasure Island and St. Pete Beach to make up lost grant
funds for the Suncoast Trolley, is reviewing trolley services countywide, and is considering extending the
Suncoast Trolley route north to Park Street.
Jonson reviewed information on a bus rapid transit that runs on rubber tires.
Jonson presented photographs of volunteer efforts to clean the historic downtown Post Offico.
Jonson presented photographs of streetscaping efforts in Zephyrhills, that were financed by CDBG funds,
and reported Zephyrhills is offering $20,000 fa9ade improvement grants,
Gray and Jonson reported on 2/1/03 the Mutual Aid agreement signing at 9:30 a,m. will toko pineo (It tl10
Bank of America facility on the corner of Missouri & Belleair and will be followed by the grand oponlng of
the dog park at Crest Lake Park at 1 :00 p.m.
Jonson announced he will celebrate his 1 st wedding anniversary on 2/2/03.
Hamilton said tonight will be the coldest in years and reviewed recommended actions.
Gray congratulated John Doran for being named as the Chamber of Commerce's Tourism Person of
the Year,
Gr(ly' irwltod the public to attend a CRA meeting, which will review downtown plans, on 1/27/03 at 9:00 a.m.
Gray SOld sho Imd enjoyed the breakfast, march, and speeches on Dr. Martin Luther King, Jr, Day,1 /20103,
Grny roportod tl10 Sllnstete Opera Society will perform at the Royalty Theater on 1/25-26/03,
Gr~~ sUld tl10 Fnrmor's Market is celebrating its 8th anniversary with cake at 10:00 a.m., at Station Square
Park dowrltown on 2/5/03,
Grav roportod tho noxt Work Session is on 2/3/03 at 9:00 a,m,
ITEM #49 . Adjournment - 7:58 p.m.
Commission Action ^9tllHIIl ;~003.0 123
6
01/23/03
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Clearwater City Commission
Agenda Cover Memorandum
Work session Item #:
, vvi.! I
Final Agenda Item #
/
fvleeting Date:
01-?:\-cn
SUBJECT/RECOMMENDATION: Declare as surplus for the purpose for offering for sale in
compliance with City purchasing regulations a portion of Block H, AVONDALE SUB, and a portion of
Block 0, NORWOOD 1 ST ADDITION, commonly known as "Fulton Apartments" for the minimum bid
amount of $925,000, subject to special conditions of the Fulton Apartments Declaration of Surplus
Criteria attached hereto as EXHIBIT "A",
[EJ and that the appropriate officials be authorized to execute same.
SUMMARY:
. The City assembled the land supporting the Fulton Apartments over a number of years. The Trustees
of the Internal Improvement Trust Fund conveyed title in Lots 4 through 7, Block H, Avondale
Subdivision to the City for $40,00 in 1946 for non-payment of taxes. In 1966 Lots 1 through 4, Block D,
Norwood 1S\ Addition were acquired from 3 different owners for $24,000,
. The City built affordable rental housing on the assembled parcels in 1970. The apartments were
operated and managed by the Clearwater Housing Authority until 2000, along with its own affordable ti,_
unit apartment building on Lot 3, Block H, Avondale Sub. The City acquired the Housing Authority units
early in 2002 for $100,000,
. There are a total of 19 units in the complex: 3-one bedroom apartments, 12-two bedroom units and 4-
three bedroom units, The rehabilitation includes such things as: new kitchen cabinetry, new central air
conditioning and heating systems, new appliances, roofing, utility services, decorative fencing and
accessory features, The work is scheduled to be completed by March 2003. The cost of the
rehabilitation will be approximately $800,000 and was funded by HOME Investment Partnership and
State Housing Initiatives Partnership (SHIP) Program funds.
· The proposed sale price of $925,000 has been established by appraisal performed by Richard Tobias,
MAl, of Valuation Services, Inc. in December 2002.
. Sale of the property will allow the City to recapture a majority of the invested funds to use for
other affordable housing activities. A portion of the invested funds may remain in the property
as a soft second mortgage, if necessary,
Reviewed by: / - .",
Legal (Rt) ((
Budget '---NA --
Purchasing NA
Risk Mgmt NA
Info Srvc NA
Public Works '1).1./('
DCM/ACM /~
Econ. Dev. ~ ~~ v
II
Originating Dept: /, \ <I
Public Works (E. Barrett)
User Dept. \-~
Economic Development
Attachments
Declaration of Surplus
Criteria (EXHIBIT "A")
Locator Map
Costs
Total
NA
Current FY
Funding Source:
CI
OP
Other
Submitted by:
City Manager ~ ~
Appropriation Code:
o Printed on recycled paper 5: pwa on san1/Englrl/Word/Agenda/Surplus Decl.Fulton Apts agn 1202,doc
Rev. 2/98
II EXHIBIT "A" II
Fulton Apartments
Declaration of Surplus Criteria
1. Applicant must have at least ten years real estate property management
expcrience, specifically in the area of affordable rcntal housing
') First Priority will bc given to non-profit corporations in good standing with the
Statc of Florida and who specializing in affordable housing, All other applicants
must also submit a copy of a Good Standing Certificatc issued by thc State of
Florida - Sccretary of State.
3, Applicant must submit organization financial records for the previous two fiscal
ycars of their organization, Financials must be audited statements. If unauditcd,
the financial statements must be certified by the Chief financial Officer and/or
Board Chairpcrson.
4. Applicant must submit thc Tenant Sclcction Critcria that will be used for the
community
5. Applicant must have the ability to screen potential tcnants and annually recertify
income to ensure they are eligible for state and fedcral affordable housing
programs
6. Must commit to abide by all ofrestrictions imposcd on the property as recordcd in
the Land Use Restriction Agreement
7. j-.,l ust commit to providing rcsident activities such as, but not limitcd to:
a, Homeownership Opportunity Program(s)
b, After School Programs (children)
c. Literacy Training
d. Budgeting Training
c, Job Training
S. Applicant must submit a I5-Year Proforma showing Income and Expcnscs, based
on the maximum allowable rents. (A copy the maximum HOME & SHIP rents
and Utility Allowances can be obtained from the City's Housing Division)
LOCATOR MAP
FULTON APARTMENTS -1620 FULTON AVENUE
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Clearwater City Commission
Agenda Cover lVlemorandum
Work session Item #:
? I/J J..
Final Agenda Item #
Meeting Date:
01-n-o::\
SUBJECT/RECOMMENDATION: Declare as surplus Pinellas County metes and bounds parcel 16-
29-15-00000-120-0600 and offer for sale in compliance with City purchasing regulations for a
minimum bid amount of $187,000, subject to the successful bidder committing to initiating
construction of a redevelopment project with an FAR of not less than 3.0 and of not less than
216,000 square feet, more or less, within five years of purchase, and subject to existing lease with
Arnold-Brown Properties,
1BI and that the appropriate officials be authorized to execute same.
SUMMARY:
. The subject property is an approximately 54.30 X 344 strip of land containing 18,709 square feet, more
or less, fronting the south side of Drew Street between Osceola Avenue and North Ft. Harrison.
. The property was assembled from three owners in late 1963 and early 1964 for the total cost of
$123,800. The purchases anticipated a future need for additional Drew Street right-of-way.
. The westerly 150 feet of the parcel was leased to Arnold-Brown Properties between 1985 and 2002,
while the easterly portion was operated until recently as a metered surface parking lot. On August 20,
2002 the City entered into a new 5-year lease with Arnold-Brown Properties that includes the entire
parcel. The City may terminate the lease with 60-day notice if the Commission determines the property
is required for other municipal purposes.
· As a condition of sale the City would require the successful bidder to join this parcel with other
properties and commit to initiating a project with an FAR of not less than 3.0 and of no less than
216,000 square feet, more or less, within five years of purchase, A development of this magnitude
would create a catalyst for significant additional redevelopment of this area,
. The subject property has been underutilized as surface parking for many years. The new library may
increase parking demand, but the use of the subject property as a component of a larger
redevelopment project outweighs its value as continued surface parking. A longer term parking solution
other than the subject property will be required to meet parking requirements for Coachman Park, the
new Library, Steinmart and Harborview,
. Jerry Fiala, MAl, of Appraisal Associates of Tampa Bay, Inc" performed a "highest and best use"
valuation of the property on November 18, 2002. His conclusion of value was $187,000 in
consideration that the parcel was most suitable for development of a small retail facility or for
consolidation with adjacent parcels.
Reviewed by:." .
Legal / R l~f_J Info Srvc NA
Budget ......-HA--.----' Public Works /". 'i
Purchasing NA DCM/ACM ~
Risk Mgmt NA Econ. Dev.
Originating Cept: ", i
/., ,
Public Works (E. Barrett)
User Dept.
Economic Development
Attachments
Costs
Total
NA
Current FY
Funding Source:
CI
OP
Other
--
Submitted by: 1)'1' J 1
City Manager ptN' I144k..-yJ_
Parcel Sketch
Locator Map
Appropriation Code:
o Printed on recycled paper
5: pwa on san1/EnglnlWord/Agenda/Drew-osceola Surp Prop Agn 1202.doc
Rev. 2/98
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A portion of the Northwest % of the Northe..t Y. of Section 18, Township 29
South, fbnge 15 Eut, CI.arwater, Florida being more partlcul.rty described ..
followa:
IS '1\-\.
Begin at the InteraectJon of the south rfght-of-way IIno of Drew Street and the
weat right-of-way tine of North Fort Harrison Avonue for a POINT OF BEGINNING;
run thence south along the weat right-of-way line of North Fort Harrison Avenue,
54.30 feet; thence wnt, 345.00 feet; thence north, 54.30 feot; thence ea.t along
the south right-of-way IIn. of Drew Str..t, 344.01 feet to the POINT OF
BEGINNING, having an address of: 421 Drew St, CI.arwater, Fl. 33755.
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LOCATOR MAP
Vacant Drew & Osceola Parcel -a/kla 421 Drew Street
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Final Agenda Item II
pvJ 4
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1
Clearwater City Commission
Agenda Cover Memorandum
Work session Item II:
Meeting Date:
01123/03
SUBJECT/RECOMMENDATION: Approve the applicant's request to vacate the S-foot drainage
and utility easement lying along the West property line of Lot liE", Rolling Heights Subdivision
(A.K.A. 2316 Drew Street), less the north 20 feet thereof, and pass Ordinance Number 7091-
OJ on first reading, (V200J-Ol Drew Park LLC),
Q and that the appropriate officials be authorized to execute same.
SUMMARY:
-
~
The applicant is seeking approval of the vacation request In order to redevelop Lots "C" through ilK" of Roiling
Heights Subdivision into a 38,440 square foot general office project.
The applicant has submitted an application seeking annexation of the unIncorporated Lots "c" and "0" and will
combine these with lots "E" through ilK" to create a 3.97 acre development.
The Planning Department has no objections to the vacation request but advises the applicant to confirm that the
present zoning and land use of unincorporated Lots "C" and "0" are consistent for office use; otherwise zoning
and land use amendments may be required.
Florida Power, Time Warner Cable, Verlzon and Verizon Media Ventures have no objections to the vacation
request.
No City of Clearwater utilities are present In the subject easement portion and no future need for the easement
portion is anticipated.
Public Works Administration has no objections to the vacation request.
':
.:;
Reviewed by:
Legal ~
Budgel N/A
Purchasing NIA
Risk MJmt N/A
Info Srvc N/A
Public Works ~..%. ".-;
DCMIACM
Other NIA
Originating Dept: ",(/;cY-'!,
Public Works Administration
Steve Doherty
User Dept.
NIA
Costs NIA
Total
CurrentFY
Funding Source:
CI
OP
Other
Submitted by:
City Manager 1)'" M............ .......
OMA ...-...
Attachments
Ord,7091-<)3
location Map
Appropriation Code:
o Print~d on recycled paper
VACATION 2003.01 Drew Park lLC
ORDINANCE NO. 7091-03
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, VACATING THE 5-FOOT DRAINAGE AND
UTILITY EASEMENT LYING ALONG THE WEST
PROPERTY LINE OF LOT E, ROLLING HEIGHTS
SUBDIVISION, LESS AND EXCEPT THE NORTHERLY 20
FEET THEREOF; PROVIDING AN EFFECTIVE DATE.
WHEREAS, Drew Park, LLC, owner of real property located in the City of
Clearwater, has requested that the City vacate the drainage and utility easement depicted
in Exhibit A attached hereto; and
WHEREAS, the City Commission finds that said easement is not necessary for
municipal use and it is deemed to be to the best interest of the City and the general public
that the same be vacated; now, therefore,
BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF CLEARWATER, FLORIDA:
Section 1. The following:
5-foot drainage and utility easement lying along the West property line of
Lot E, Rolling Heights Subdivision as recorded in Plat Book 43, Page 1,
Official Records of Pine lias County, Florida, less and except the northerly
20 feet thereof.
is hereby vacated, and the City of Clearwater releases all of its rights in the servitude as
described above to the owner of the servient estate thereto.
Section 2. The City Clerk shall record this ordinance in the public records of
Pinellas County, Florida, following adoption.
Section 3, This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Brian J, Aungst
Mayor -Comm issioner
Approved as to form:
Attest:
:L":/ 'B
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: ./~:11~ (' '. ~ 7~~~P-- ;;:, _C! ~
Bryan D. Ruff :~)
Assistant City Attorney
Cynthia E. Goudeau
City Clerk
Ordinance No. 7091-03
EXHIBIT "A"
Scale 1" = 50'
This is l1..Q1. a survey
DORA
DRIVE
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20' dr.& uti!. ease.
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uJ Vacation Requ sted
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DREW STREET
CITY OF CLEARWATER, FLORIDA
PUBLIC WORKS ADMINISTRATION
ENGINEERING
...... "
D.KING
.... NO.
VAC2003-01
S. R. 590
VACA TlON REOUEST
DREW PARK. LLC
5' DRAIN, "" UTlL. ESMT.
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12/24/2002 LOT "E" ROLLING HGTS. SUS'N.
281A LESS N. 20' THEREOf'
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CITY OF CLEARWATER. FLORIDA
PUBLIC WORKS AD~INISTRATION
ENGINEERING
VACA nON REOUEST
DREW PARK. LLC .......
5' DRAIN. &: unL. ESMT. 1 a' II
DAlI tIrT-TW!iP...-..o
12/24/2002 LOT "E" ROLUNG HGTS. SUB'N. 01-295-16E
281" LESS N. 20' THEREOF ;Q;i:QJ
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V"C2ooJ- 01
ITEM # ./0
((-~ ~_:;
Clcarwatcr' City
Commission
Agcnda Co vcr
1\ Icmorandum
\\' orbt:s, IOn Itt:1ll :::
f)!- }) I
Final Agenda Itelll ::
/ (';
7\ kt:lIng Datt::
1-23-2003
S VB,) E CT/REC01\ 11\ 1 ENDATI ON:
AnncxJ.tion, Land Usc Plan Amcndmcnt and Rczoning Cor properties at 107 I-Iampton Road (consisting of
Metes ~lI1d Bounds 13/04 and a portion of 13/044 in Section 16. Township ~9 South. Range 16 East:) Owners:
Limited Propertics, Inc. & Hampton Road Dcvelopmcnt COIV,
I\IOTION:
APPROVE the Annexation, Land Usc Plan Amcndmcnt from Rcsidcntial Urban (RU) to Residcntial/Of'licc
Limited (R/OL), and Zoning Atlas Amcndmcnt li'OIn County Zoning A-E, Agricultural Estatc Rcsidential
District to City 0, Ornce District of propcl1ics locatcd at l07 I-Iampton Road (consisting of Metcs and Bounds
13/04 and a portion of 13/044 in Section 16. Township 29 South. Range 16 East) and PASS ordinances 7093-
03, 7094-03. and 7095-03, ror these properties on first reading.
(ANX2002-12023 and LUZ2002-12013)
o .:nd thaltht: appfOpriatt: offiCials bt: alllhori/t:d to t::\CClItl' salllt:.
SVl\l1\IAR\':
The subjcct site involves two vacant parcels of land approximately 0.65-acrcs in area gcnerally locatcd 280 feet
north or' Gulf to Buy Boulevard and 100 feet east of Hampton Road. These propcrties wcre part of the 4,22-
acre devclopment site annexed pursuant to ANX 02-02-02 and designated Residential/Office Limited on the
f-uture Land Use Plan Map and rezoncd to the 0, Oflice District pursuant to LUZ 02-02-02 on ./une 6, 2002,
Rccently, it was dctermined that the ordinanccs approved by the Commission for the 4.22-acre sitc did not
contain the corrcct legal dcscription for this portion of the property, An accurate Icgal description has been
submitt.:d for rcvicw and approval. The applicant intends to construct a new officc dcvelopment housing the
Hooter's corporate hcadquarters on a portion of the 4.22-acre sitc,
The Planning Depar1ment detennined that the proposed annexation is consistent with the following standards
speci tied in the Community Developmcnt Code:
· The proposed annexation will not have an advcrsc impact on public facilitics and their level of
servIce.
· The proposed annexation is consistcnt with the City's Comprchensive Plan, thc Countywide Plan
and the Community Devclopmcnt Code,
· The proposed annexation is contiguous to existing municipal boundaries, reprcscnts a logical
extcnsion of thc boundaries and does not crcate an enclavc.
Reviewed by:
Legal 0A 0
Budget ~
Purchasin N/A
9
Risk t-.tgmt N/A
Info Srvc N/A
Costs
Total
Public Works N/A
DCM/AC
Current FY
Funding Source:
CI
Other
Attachments: ORDINANCES
NO. 7093-03, 7094-03, & 7095-
03
STAFF REPORTS
OP
Other
It.~ ~-
.. --
o None
Appropriation Code:
extension of the houndaries and does not create an encIa\'e.
Please refer to the attached annexation (AI\:X2002-1202.3) report for the complete staff analysis.
The Pinellas Planning COllncil (ppe) and Pinellas County have re\'iewed the annexation of the suhject
properties pursuant to the Pinellas County charter amendment approved by referendum on November 7. 2000
and no l1bjections were raised.
The ap~)licant is requesting to amend the Future land Use Plan \'lap designation of these parcels from
Residential Urban (RU) to Residential/Office limited (R/Ol), Additionally a zoning atlas amendment is
request~d to rezone the parcels in the Count)' from A-E, Agricultural Estate Residential to the City's 0, Office
District.
The Planning Department determined that the proposed land use plan amendment and rezoning applications arc
consistent with the following standards specified in the Community Development Code:
. The proposed land llse plan amendment and rezoning application arc consistent with the
Comprehensi ve Plan.
. The potential range of llses and the specific proposed use are compatible with the surrounding
area.
. Sufficient public facilities are available to serve the property,
. The applications will not have an adverse impact on the natural environment.
Please r~fer to the attached land use plan and rezoning (LUZ2002-120 13) report for the complete staff analysis,
In accordance with the Countywide Plan Rules, the land use plan amendmcnt is subject to the approval of the
Pinellas Planning Council und the Board of County Commissioncrs acting as the Countywide Planning
AuthOlity. Due to the size and/intensity of the plan amendment sitc, review and approval by Florida Department
of Community Affairs is not required,
The Community Development Board wi II review these applications at their public hearing on January 21, 2003
and the Planning Department will report its' recommendation at the Commission meeting,
2
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CDB Mccting Date: January 2 l, 2003
Case Numbcr: LUZ2002-120 1 3
Agenda Itcm No, B-9
CITY OF CLEAR'" ATER
PLANNING DEPARTMENT
STAFF REPORT
BACKGROUND INFORMATION
O\VNER:
Limited Propertics, lnc, and Hampton Road Developmcnt Corp.
APPLICANT:
Hampton Road Developmcnt Corp,
REPRESENTATIVE:
Scherer Development, LLC.
LOCATION:
l07 Hampton Road
Generally located 280 fcet north of Gulf to Bay Boulevard and 100
fcet east of Hampton Road.
REQUEST:
To amend the Comprehensive Plan's Future land Use Map from
Residential Urban (RU) to Residential/Office Limited (RIaL), and
To rezonc from County A-E, Agricultural Estate Residential
District to thc 0, Officc District.
SITE INFORMATION
PROPERTY SIZE:
0.65 acres
DIMENSIONS OF SITE: 275 feet by 100 fcet and 10 feet by 130 feet m.o,1.
PROPERTY USE:
Current Use:
Proposed Use:
Vacant lot
Office building and parking lot
PLAN CATEGORY:
Current Category:
Proposed Category:
Residential Urban (RU)
Residential/Officc Limitcd (RIaL) (pending case ANX2002-
12023)
Staff Rcport - Community Dcvclopmcnt Board - January 21, 2003 - Case LUZ2002-120 13 Pagc I
ZONING DISTRICT:
Current District:
Proposed District:
A-E Agricultural Estate Rcsidential (County)
0, Office (pcnding case ANX2002-12(23)
EXISTING
SURROUNDING USES:
North:
South:
East:
West:
Vacant and single-family residential
Rcstaurant
Single-l~lInily rcsidcntial
Retcntion pond and si nglc-I~ull i Iy resident ial
ANAL YSIS:
Introduction:
This land use plan amcndmcnt and rezoning request involvcs two parcels of vacant land,
approximatcly 0,65 acres in arca, locatcd 280 fcct north of Gulf to Bay Boulevard and lOO fcct
cast of Hampton Road. Thesc propcrtics arc part of a 4,22-acre dcvclopmcnt sitc that was
anncxed and dcsignatcd Residential/Officc limitcd (RiOl) on thc Futurc land Usc Plan Map
and zoned to thc 0, Office District (cascs ANX 02-02-02 and LUZ 02-02-02) by the Clearwatcr
City Commission on June 6, 2002, The applicant planned to construct two office buildings on
this site and onc building would house the Hootcr's corporatc hcadquartcr.
Upon rccordation of the anncxation, it was detcn11ined that the lcgal description used in
conjunction with the annexation, land use plan amendment and rezoning ordinanccs did not fully
dcscribe the subject properties. Thc legal dcscriptions havc becn corrccted and have bccn
rcsubmittcd for approval. At the Dcccmber 17, 2002 mccting, the Community Dcvclopmcnt
Board approved thc site plan for the Hootcr's office development (FLD2002-09037) with the
condition that this proposed land use plan amendment and rezoning and the annexation
associated with ANX2002- 1 2023 (agenda item B-8) be finalized prior to the issuance of the
Ccrti ficate of Occupancy for the Hooter's new corporate hcadquaI1er.
In accordance with the Countywide Plan Rules, the land use plan amcndment is subject to the
approval by the Pinellas Planning Council and Board of County Commissioncrs acting as thc
Countywide Planning Authority. Based on thc size of thc plan amendmcnt requcst, rcview and
approval by Florida Department of Community Affairs is not required,
l. CONSISTENCY '''ITH CITY'S COMPREHENSIVE PLAN
Applicable Goals, Objectives and Policies from the Clearwater Comprehensive Plan in support
of thc proposed land use plan amcndment are as indicated bclow:
2.2 Objective - The City of Clearwater shall continue to support innovative planned
development and mixed land use development techniques in order to promote infill
development that is consistent and compatible with the surrounding environment.
StatTReport - Community Dc\"ck~pmcnt Board - January 21. 2003 - Case LUZ2002-120 12
Page 2
2.4 Objectivc - Compact urban dcvclopmcnt within the urban servicc arca shall bc promoted
through application of the Clearwatcr Land Developmcnt Codc.
3. Goal - A sufficient variety and amount of futurc land use categorics shall bc provided to
accommodate public dcmand and promotc infill dc\'clopment.
Thc proposcd plan amcndment is not in connict with any Clcarwater Comprehcnsi\'c Plan Goals.
Objcctives or Policies, and is consistcnt with the Clcarwater Comprehcnsivc Plan.
II. CONSISTENCY \"ITH COUNTY\\'IDE PLAN
Applicable regulations from the Countywidc Plan arc as follows:
2.3,3.4,1 Rcsidcntial/Officc Limited (RlOL)
Purpose - It is the purposc of this catcgory to dcpict those areas of the County that are now
developed, or appropriatc to bc developed, in an office and/or low density rcsidentialusc; and to
rccognizc such areas as well-suited for such limitcd mixed usc consistent with thc surrounding
uscs, transportation faci I i ties and natural rcsource charactcristics 0 f suc h areas,
Locational Characteristics - This category is gencrally appropriatc to locations whcre it would
serve as a transition from more intensive non-residential use to low density residential or Icss
intensive public/semi-public usc; and in arcas wherc a combination of officc and residcntialuse
is established or is detennined appropriate as a mcans or cncouraging reusc and ncighborhood
scale convcrsion. These areas are typically in closc proximity to and scrved by thc collector and
arterial highway network.
The proposed plan amendment is consistcnt with thc purposc and locational charactcristics of thc
Countywide Plan.
III. COMPATIBILITY \"ITH SURROUNDING PROllERTY/ CHARACTER OF THE
CITY & NEIGHBORHOOD [Scction 4-G02.F.2 & 4-G03.F.3]
Gulf to Bay Boule\'ard Corridor
Gulf to Bay Boulcvard is a six lanc dividcd roadway with frcquent traffic signals. The Gulf to
Bay corridor in this arca bctwcen U.S, 19 North and Bayvicw Avenuc is charactcrized by a
variety of developmcnt including commercial uscs, transportation/utility, institutional, officcs
and residential. The Countywide Futurc Land Usc Plan has designatcd land in this arca on thc
south sidc of Gulf to Bay Boulcvard Commercial Gcncral. Transportation Utility, Institutional,
Rcsidential/Officc Gcneral, Residcntial Mcdium, Rcsidcntial High, and Rcsidential Low
Medium, The arca on the north sidc of Gulf to Bay Boulevard has becn designatcd as
Commcrcial Gcneral, Residential/Officc Limited, Rcsidcntial Urban. Rcsidcntial Mcdium and
Rcsidcntial Low Medium.
Statr Rcport - Community Dc\'clopmcnt Board - January 21, 2003 - Case LUZ2002-120 12
Pagc 3
Immediate Surrounding Area
Thc Future land Usc Plan (FlUP) for the immediate surrounding area to the east is Rcsidential
Urban (RU), Rcsidential/Office limitcd (R/Ol) is located to the north while the area to the west
is designatcd Residential Urban (RU) and Residential, Office Limitcd (RlOl). Commercial
Gencral is locatcd to the south.
Thc cxisting surrounding uses include vacant land to thc north, rcstaurant uscs to the south, a
singlc-family dwclling and rctcntion pond to the west and singlc-l~lI11ily rcsidential dwellings to
the cast.
The proposcd land usc plan amcndmcnt is compatible with sUlTounding uses due to the similarity
of future and existing uscs with the proposcd land use.
IV. SUFFICIENCY OF PUBLIC FACILITIES
Roadways
As statcd above, this O,65-acre propcrty was included in thc analysis of a 4,22 development site
(lUZ 02-02-02) rcviewed and approved in Junc 2002. The traffic analysis prcpared for that case
was based on the Pinellas Planning Council's traffic generation guidelines. Thc analysis
indicatcd that a total of 295 trips pcr day would result from the existing Rcsidcntial Urban plan
catcgory at 70 trips per acre per day for the entire developmcnt sitc and the proposcd
Rcsidcntial/Office Limitcd plan category could gcnerate approximately 502 trips based on 119
trips per acre per day. The proposcd Rcsidential/Office Limited plan category will rcsult in a net
incrcase of 32 1 average daily trips. The cxisting land use category could result in 37 PM Peak
trips and the proposcd category could result in 63 PM Pcak trips. Thc impact of these additional
26 PM Peak trips will be insignificant.
The City of Clearwatcr Enginccring Department concluded that the land use plan amcndment and
rczoning of the entire 4.22-acre site will not result in any degradation of the existing LOS D on
Gulf-to-Bay Boulevard or Drcw Strect. Also, no significant impacts on the operational efficiency
of thc signalized intersections of Drcw and Hampton Road or Gulf-to-Bay Boulcvard and
Hampton Road are anticipatcd,
Maximum Daily Added Potential Trips
Maximum PM Peak I-lour Added Potcntial Trips
Volumc ofGTB Blvd. from U,S.19 N to Bayvicw Ave.
LOS ofGTB Blvd, from U.S.19 N to Bayvicw Avc.
MAXIMUM POTENTIAL TRAFFIC
Current Existing Proposed
Situation RU RlOL
N/A 295 502
N/A 37 63*
55,774 56,071 56,276
ODD
Gulf-to-Bay Boulevard
N/A = Not Applicable
LOS"'" Level-of-Service
· = City Calculation of 12.5%
Source:
Pine lias County MPO Lcvcl of Scrvicc 200 I
"Thc Rulcs" ofthc Countywide Futurc Land Use Plan
StalT Report - Community Dcvclopment Boarn - January 21. 2003 - Case LUZ2002-120 12
Pagc 4
~
Mass Transit
The Citywide LOS for mass transit will not bc affected by the proposed plan amcndmcnt because
the anticipated usc will not placc inordinate dcmands on mass transit. Bus scrvicc is locatcd on
Gul f to Bay Boulevard and Drcw Strcct.
'Yater
Based on the analysis preparcd for LUZ 02-02-02, the proposed amendmcnt and rezoning for the
4.22-acre sitc could rcsult in a nct decreasc in watl:r consumption of 397 gallons per day.
Thercforc, the land use plan amcndmcnt and rezoning would not advcrsely affcct the City's
currcnt LOS for water.
\\'astcwater
Based on the analysis for LUZ 02-02-02, thc proposed amcndment and rczoning or thc 4.22 acre
site could result in a reduction of wastewater now rates by 3 1 8 gallons per day; thcrcfore, thc
proposed land use plan amcndmcnt and rezoning would not adversely affcct the City's current
LOS for water.
Solid \\'aste
Based on the analysis in the staff report for LUZ 02-02-02, the proposcd amendmcnt and
rezoning could rcsult in an additional 119 tons of solid waste per ycar, Due to cxcess capacity in
thc City's system, thc proposcd amendment will not advcrscly affcct the City's CUITcnt LOS for
solid wastc,
Rccrcation and Ollcn Space
The proposed land usc plan amcndment and rczoning wi)} not impact the LOS of recrcational
acreage or facilitics due to the proposed non-rcsidentialland use.
V. IMPACT ON NATURAL ENVIRONMENT [Scction 4-603.F.5,]
The site plan for the Hooter's corporate hcadquartcr has becn reviewcd and approved by the
Community Devclopment Board at the Dccember 2002 mccting (FLD2002-09037). The plan
complies with City and Southwest Florida Water Managemcnt District stonmvatcr managcment
criteria and the City's Comprehensivc Plan.
The proposcd land use amendment will not havc a ncgative impact on thc natural environment.
VI. LOCATION OF DISTRICT BOUNDARIES [Scction 4-602 .F,6,]
Thc location of the proposed 0, Office District boundarics arc appropriately drawn in regard to
location and classifications of streets, owncrship lines, ownership pattems and by cxisting and
proposed developmcnt. The new boundarics will blend into the existing 0, Office District to the
north and the C, Commercial District to the south. The 0, Office District is also an appropriate
District adjaccnt to LMDR, Low Medium Dcnsity Residential District, which is locatcd to the
cast.
SlatTRcport - Community Dc\"clopmCnl l30ard - January 21. 2003 - Case LUZ2002-120 12
Page 5
VII. CONSISTENCY OF DEVELOPMENT \VITH COMMUNITY
DEVELOPMENT CODE AND CITY REGULATIONS
[Sections 2- l20 1.1. & 4-602.F,I. and .2.]
The proposed Residential/Office Limited (RlOL) Futurc Land Use Plan category with the 0,
Office zoning district pennits development at a F,A.R. of 0.40 and an I.S.R. of 0.75, whilc the
existing Residential Urban (RU) category and County single-family residential zoning district
allows a F,A.R. of 0.40 and an I.S.R. ('If 0,65. The I.S.R of the proposed 0, Office District is
more intensive at 0.75 than the existing land usc, which allows an I.S.R. of 0.65. Thc combined
parcels will meet size requirements for the proposed Office District, as wcll as most othcr uses in
the Office zoning district.
The proposed use of these properties is consistent with the 0, Office zoning district regulations,
SUMMARY AND RECOMMENDATIONS
The proposed Residential/Office Limited (RlOL) Future Land Use Plan classification and 0,
Office zoning district are consistent with both the City and the Countywidc Comprchcnsi\'c
Plans, are compatible with the surrounding area, do not negatively affect thc provision of public
services, are compatible with the natural environment and arc consistcnt with the devclopmcnt
regulations of the City. Furthermore, the proposed office use will blend into thc existing
neighborhood and serve as a transition/buffer between more intcnsive commercial uscs to the
south and low medium density residential uses to the east and north,
The Planning Department recommends APPROVAL ofthc following actions on this application:
1. Amend the Future Land Use Plan dcsignation of Mctcs and Bounds parccls 13104 &
and portion of l3/044 from Residential Urban (RU) to Rcsidcntial/Officc Limited
(RlOL) (pending case ANX 2002- 1 2023).
2. Amend the Zoning District designation of Metes and Bounds parcels 13/04 & a
portion of 13/044 from A-E, Agricultural Estates Rcsidcntial to 0, Office (pending
ANX 2002-12023).
A ·
" .1~. I
Prepared by Planning Department staff: . i _ {1(L Yj. Of (t~
Gina L. Clayton, Long Range Planning Manager
StalTRcport - Community Dc\'clopmcnt Board - January 21, 2003 - Case LUZ2002-12012
Pagc 6
Attachments
Application
Location Map
Aerial Photograph of Site and Vicinity
Land Use Plan Map
Zoning Map
Existing Surrounding Uses
Site Photographs
S:\I'lanning Dcpartmcnt\C D B\land Use Amendments\LUZ 2002\LUZ2002-12013 107 Hampton Rd. Hampton Road Development
Corp\LUZ2002-12013 107 Hampton Rd .SlafTReport.doc
SInO' Report - Community Development Board - January 21, 2003 - Case LUZ2002-120 12
Page 7
AERIAL PHOTOGRAPH
Owner: I Hampton Road Development Corp. & Case: LUZ2002-12013
I Limited Properties, Inc.
I 0.65
Site: I 107 Hampton Road
Zoning land Use 17/29/16/??oo0/130/0400
PIN: 17/29/16/??oo0/130/0440
From: AE/ County RU
To: 0 R/Ol Atlas Page: 2918
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EXISTING SURROUNDING USES
I ! Case:
Owner: I Hampton Road Development Corp. & ANX2002-12023
I Limited Properties, Inc.
I
I I Property
Site: 1107 Hampton Road I 0,65
I I Size(Acres):
I
Zoning land Use I
I
i 17/29/16/00000/130/0400
I ! PIN:
I I i 17/29/16/00000/130/0440
From: i AE/ County RU I
I
To: ! 0 R/Ol Alias Page: 291B
I
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Hampton Road Development Corporation LUZ2002-12013
107 Hampton Road
. ..
ORDINANCE NO. 7093-03
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
ANNEXING CERTAIN REAL PROPERTY LOCATED ON THE
EAST SIDE OF HAMPTON ROAD, APPROXIMATELY 280 FEET
NORTH OF GULF-TO-BAY BOULEVARD AND 100 FEET EAST
OF HAMPTON ROAD, CONSISTING OF METES AND BOUNDS
13/04 AND A PORTION OF 13/044, WHOSE POST OFFICE
ADDRESS IS 107 HAMPTON 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 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 legal description attached hereto
(ANX2002-12023)
Section 2. The provisions of this ordinance are found and determined to be consistent
with the City of Clearwater Comprehensive Plan. The City Commission hereby accepts the
dedication of all easements, parks, rights-of-way and other dedications to the public, which have
heretofore been made by plat, deed or user within the annexed property. The City Engineer, the
City Clerk and the Planning 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
Brian J. Aungst
Mayor-Commissioner
Attest:
Cynthia E. Goudeau
City Clerk
Ordinance No, 7093-03
. .
Legal Description for 107 Hampton Road
taken from DJL Survey dated 5/7/02; Order No. 02-723
DESCRIPTION: PARCI~L B
BEGIN FROM THE CENTER OF SECTION 17, TOWNSHIP 29 SOUTH, RANGE 16 I-:AST,
PINELLA5 COUNTY, FLORIDA, AND RUN THENCE ALONG THE N/S CENTERLINE OF
SAID SECTION, ALSO TilE R/W CENTERLINI~ OF HAMPTON ROAD, NORTH 00020'13"
WEST, 735.00 FEET; THENCE NORTH 890/,6'01" EAST, 130.00 FEET FOR A
POINT OF BEGINNING; THENCE CONTINUE NORTH 890/,6'01" EAST, 10.00 FEET;
THENCE SOUTH 00020' 13" 1-:A5T, 131. 85 FEET TO A PO I.NT ON TIlI~ NORTH LINE
OF PARCEL C; THENCE NORTH 89057'26.9" WEST, ALONG THE NORTH LINE OF
PARCEL C, 10.0 FEET; THENCE NORTH 00020'lJ" WI-:5T, )]].85 FEET TO THE
POINT OF BEGINNING.
CONTAl.NING 1.,318 SQUARE FEET.
DESCR1PTlON: PARCEL C-I
TilE EAST 100.00 FEET OF TIlE WEST 230.00 FEET, LESS TilE NORTH 730.00
FEET AND LESS TIlE SOUTH 520.00 FEET Ol~ TilE SOUTHWEST 1//, OF THE
NORTIIr:AST 1/1, OF SECTlON 17, TOWNSHIP 29 SOUTH, RANGE 16 EAST,
PINELLAS COUNTY, FLORIDA.
CONTAINING 0.1902 ACRES MORE OR LESS.
DESCRIPTION: PARCEL C-2
THE EAST 100.00 FEET OF THE WEST 230.00 FEET OF THE NORTH
190.00 FEET OF THE SOUTH 520.00 FEET OF THE SOUTHWEST 1/4
OF THE NORTHEAST 1/4 OF SECTION 17, TO\f:NSHIP 29 SOUTH,
RANGE 16 EAST, PINELLAS COUNTY, FLORIDA
CONTAINING 0.4362 ACRES, MORE OR LESS.
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PROPOSED ANNEXATION
Hampton Road Development Corp. & Case: ANX2002.12023
Owner: limited Properties. Inc.
Property ! 0,65
Site: 107 Hampton Road Size(Acres): i
Land Use :
Zoning ~ 17/29/16/00000/130/0400
PIN: ~
i 17/29/16/00000/130/0440
From: AE/ County RU i ,
,
To: 0 R/OL Alias Page: 291B
ORDINANCE NO. 7094-03
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
AMENDING THE FUTURE LAND USE PLAN ELEMENT OF THE
COMPREHENSIVE PLAN OF THE CITY, TO DESIGNATE THE
LAND USE FOR CERTAIN REAL PROPERTY LOCATED ON
THE EAST SIDE OF HAMPTON ROAD, APPROXIMATELY 280
FEET NORTH OF GULF-TO-BAY BOULEVARD AND 100 FEET
EAST OF HAMPTON ROAD, CONSISTING OF METES AND
BOUNDS 13/04 AND A PORTION OF 13/044, WHOSE POST
OFFICE ADDRESS IS 107 HAMPTON ROAD, UPON
ANNEXATION INTO THE CITY OF CLEARWATER AS
RESIDENTIAL/OFFICE LIMITED (RIaL); PROVIDING AN
EFFECTIVE DATE,
WHEREAS, the amendment to the future land use plan element of the comprehensive
plan of the City as set forth in this ordinance is found to be reasonable, proper and appropriate,
and is consistent with the City's comprehensive plan: now, therefore,
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY
OF CLEARWATER, FLORIDA:
Section 1. The future land use plan element of the comprehensive plan of the City of
Clearwater is amended by designating the land use category for the hereinafter described
property, upon annexation into the City of Clearwater, as follows:
Property
See legal description attached hereto
(LUZ2002-12013)
Land Use CateQorv
To: Residential/Office Limited (RIaL)
Section 2. The City Commission does hereby certify that this ordinance is consistent
with the City's comprehensive plan,
Section 3, This ordinance shall take effect immediately upon adoption, contingent upon
and subject to the adoption of Ordinance No. 70943-03, and subject to the approval of the land
use designation by the Pinellas County Board of County Commissioners, and subject to a
determination by the State of Florida, as appropriate, of compliance with the applicable
requirements of the Local Government Comprehensive Planning and Land Development
Regulation Act, pursuant to 9 163.3189, Florida Statutes.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Brian J, Aungst
Mayor-Commissioner
Attest:
.
Leslie K. Dougall-Sides
Assistant City Attorney
Cynthia E. Goudeau
City Clerk
Ordinance No. 7094-03
Legal Description for 107 Hampton Road
taken from DJL Survey dated 5/7/02; Order No. 02-723
DESCRIPTJON: PARCI~L B
BEGIN FROM THE CENTER OF SECTION 17, TOWNSHIP 29 SOUTH, RANGE 16 EAST,
PINELI.AS COUNTY, FLORIDA, AND RUN THENCE ALONG THE Nls CENTERLINE OF
SAID SECTION, ALSO THE R/W CENTERLINE OF HAMPTON ROAD, NORTH 00020'13"
WEST, 735.00 FEET; THENCE NORTH 89u/,6'01" EAST, 130.00 FEET FOR A
POINT OF BEGINNING; TIIImCE CONTINUE NORTH 890/,6' 01" EAST, 10.00 FEET;
THENCE SOllTH 00020' 13" EAST, 131.85 FEET TO A POINT ON TILE NORTH LINE
OF PARCEl. C; THENCE NORTH 89057'26.9" WEST, ALONG THE NORTH LINE OF
PARCEL. C, lO,O FEET; THENCE NORTH 00u20'13" WEST, 131.85 FEET TO TilE
POINT OF BEGINNING.
CONTAINING L,318 SQUARE FEET.
DESCRIPTION: PARCEL C-1
TUE EAST 100,00 FEET OF THE WEST 230.00 FEIn, LESS TilE NORTH 730.00
FEET AND LESS THE SOUTH 520.00 FEET OF TILE SOUTffilEST 1//, OF TIlE
NORTHEAST 1//. OF SECTION 17, TOWNSHIP 29 SOUTH, RANGE 16 EAST,
PINELl.AS COUNTY, FLORIDA,
CONTAINING 0.1902 ACRES MORE OR LESS.
, <
DESCRIPTION; PARCEL C-2
THE EAST 100.00 FEET OF THE WEST 230.00 FEET OF THE NORTH
190.00 FEET OF THE SOUTH 520.00 FEET OF THE SOUTHWEST 1/4
OF THE NORTHEAST 1/4 OF SECTION 17, Tot~SHIP 29 SOUTH,
RANGE 16 EAST, PINELLAS COUNTY, FLORIDA
CONTAINING 0.4362 ACRES, MORE OR LESS.
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FUTURE LAND USE PLAN MAP
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Site:
. 107 Hampton Road
Case: i LUZ2002-120 13
I
I
I Property I
I Size(Acres): I 0.65
I ,
Owner:
; Hampton Road Development Corp, &
, Limited Properties. Inc.
Zoning
Land Use
PIN:
17/29/16/00000/130/0400
17/29/16/00000/130/0440
From:
AE/ County
RU
To:
o
R/OL
Atlas Page:
291B
ORDINANCE NO. 7095-03
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
AMENDING THE ZONING ATLAS OF THE CITY BY ZONING
CERTAIN PROPERTY LOCATED ON THE EAST SIDE OF
HAMPTON ROAD, APPROXIMATELY 280 FEET NORTH OF
GULF-TO-BAY BOULEVARD AND 100 FEET EAST OF
HAMPTON ROAD, CONSISTING OF METES AND BOUNDS
13/04 AND A PORTION OF 13/044, WHOSE POST OFFICE
ADDRESS IS 107 HAMPTON ROAD, UPON ANNEXATION INTO
THE CITY OF CLEARWATER, AS OFFICE (0); PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the amendment to the zoning atlas of the City as set forth in this ordinance is
found to be reasonable, proper and appropriate, and is consistent with the City's Comprehensive
Plan; now, therefore,
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. The following described property in Clearwater, Florida, is hereby zoned as
indicated upon annexation into the City of Clearwater, and the zoning atlas of the City is amended
as follows:
Property
Zoninq District
See legal description attached hereto
(LUZ2002-12013)
To: Office (0)
Section 2. The City Engineer is directed to revise the zoning atlas of the City in
accordance with the foregoing amendment.
Section 3. This ordinance shall take effect immediately upon adoption, contingent upon
and subject to the adoption of Ordinance No. 7093-03,
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Brian J. Aungst
Mayor-Commissioner
Approved as to form:
y r'
Attest:
Cynthia E. Goudeau
City Clerk
Ordinance No, 7095-03
:: M
Legal Description for 107 Hampton Road
taken from DJL Survey dated 5/7/02; Order No. 02-723
DESCRIPTlON: PARCEL B
BEGIN FROM THE CENTER OF SECTION 17, TOWNSHIP 29 SOUTH, RANGE 16 EAST,
PINELLAS COUNTY, FLORIDA, AND RUN TIlENCE ALONG Tm: N/S CENTERLINE OF
SAID SECTION, ALSO TIlE R/W CENTERLINE OF HAMPTON ROAD, NORTH 00020'13"
WEST, 735.00 FEET; THENCE NORTH 890/,6'01" EAST, 130.00 FI-:ET FOR A
POINT OF BEGINNING; THENCE CONTINUE NORTH 890/,6'01" EAST, 10.00 FEET;
THENCE SOUTH 00020' 13" I~AST, 131. 85 FEET TO A POINT ON TIU~ NORTH LINE
OF PARCEL C; THENCE NORTH 89057'26.9" WEST, ALONG TIlE NORTH LINE OF
PARCEL C, IlJ.O FEET; THENCE NORTII 00020'13" WEST, 131.85 FEET TO TilE
1'0 I NT OF 13E(; INNING.
CONTAINING 1.318 SQUARE FEET.
DESCRIPTION: PARCEL C-1
TilE EAST 100.00 FEET OF TilE WEST 230. 00 FEI~T, LESS THE NORTH 730.00
FEET AND LESS TilE SOUTH 520. DO I'~EE'l' OF THE SOUTUWEST 1/1, OF THE
NORTHEAST 1//, OF SECTION .17, TOWNSHIP 29 SOUTH, RANGE 16 EAST,
PINELLAS COUNTY, FLORIDA.
CONTAINING 0.1902 ACRES MORE OR LESS.
DESCRIPTION: PARCEL C-2
THE EAST 100.00 FEET OF THE WEST 230.00 FEET OF THE NORTH
190.00 FEET OF THE SOUTH 520.00 FEET OF THE SOUTHWEST 1/4
OF THE NORTHEAST 1/4 OF SECTION 17, TmmSHIP 29 SOUTH,
RANGE 16 EAST, PINELLAS COUNTY, FLORIDA
CONTAINING 0.4362 ACRES, MORE OR LESS.
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ZONING MAP
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Hampton Road Development Corp, & , LUZ2002-120 13
Case: I
Owner: Limited Properties. Inc. ;
Property I
i 0.65
Site: 107 Hampton Road Size(Acres): I
!
. i
Zoning Land Use I 17/29/16/00000/130/0400
PIN: I 17/29/16/00000/130/0440
AE/ County RU i
From: ,
,
To: 0 R/OL Atlas Page: 291B
Clearwater City Commission
Agenda Cover Memorandum
Work session Item #:
?i-b;L
Final Agenda Item #
Meeting Date:
/ I
, I
01-"'~-0~
S UBJ ECT /RECOi\Ii\lENDATI ON:
Petition for Anncxation, Land Usc Plan and Zoning Atlas Amcndments for 2400 Varsity Drive, (consisting of
Metes and Bounds 42/02 in Section 7, Township 29 South, Range l6 East); Owncr: Gcorge Hunt.
i\IOTIO~: APPROVE thc Pctition for Anncxation, Land Use Plan Amcndmcnt from County Rcsidcntial
Urban (RU) to City Residential Urban (RU) and Zoning Atlas Amcndment from County A-E, Agricultural
Estatc Rcsidential District. to City UvlDR. Low t\'ledium Dcnsity Residential District 1'01' 2400 Varsity Drivc
(consisting of Metcs and Bounds 42/02 in Scction 7, Township 29 South, Rangc l6 East); and PASS
Ordinances #7070-03, #7071-03 & #7072-03 on Iirst rcading,
(ANX 2002- 1 0016)
~ and that the appropriate officials be authorized to execute same.
SUi\IMAR\':
This site is located at 2400 Varsity Drive, which is on the north side of Varsity Drivc approximately 2.000 fcet north
of Drew Street and l,OOO feet wcst of Old Coachman Road, The subject propcrty is approximately 7. 1 5 acres in arca
and is currently occupied by a tree nurscry, The purpose of thc annexation is to cnable the applicant to rcceive City
sewer and watcr service so the propcrty can bc rcdeveloped with a single-family residential subdivision. A Future
Land Use Plan dcsignation of Residcntial Urban (RU) is proposed along with a zoning category of LMDR, Low
Medium Density Residential.
The Planning Dcpartmcnt detemlincd that the proposed annexation IS consistcnt with the following standards
specified in thc Community Development Code:
· Thc proposcd annexation will not havc an advcrse impact on public facilitics and their level of scrvice.
· The proposed annexation is consistcnt with thc City's Comprehensive Plan, the Countywide Plan and the
Community Development Code.
Reviewed by:
Legal r/fji Info Srvc
Budget
N/A Public
Works
Purchasing N/A DCM/ACM
Risk Mgmt N/A Other N/A
Costs
Total
Funding Source:
Current
FY
CI
Attachments
ORDINANCES NOS. 7070-03,
7071-03 & 7072-03
STAFF REPORT
OP
Other
Submitted by: ~ ~
City Manager AI_ ~ ...-
-.........-
o None
A ro rlation Code:
Printed on recycled paper
21gB
Rev.
· The proposed annexation is contiguous to existing municipal boundaries, represents a logical extension of the
boundaries and does not create an enclave,
This annexation has been reviewed by the PineIlas Planning Council (PPC) and Pinellas County staffs according to
the provisions of Pinellas County Ordinance No, 00-63, Section 7(1-3), and no objections have becn raised.
The Planning Department determined that the proposed land use plan amcndmcnt and rezoning applications are
consistent with the following standards specified in the Community Development Code:
· The proposed land use plan amendment and rezoning application are consistcnt with thc Comprehensive Plan,
. The potential range of uses and the specific proposed use are compatible with the surrounding area.
. Sufficicnt public facilities are available to serve the propcl1y.
. The applications will not have an adverse impact on the natural environment.
Plcase refer to the attached repOJ1 for the complete staff analysis.
The Community Devclopment Board will review this proposed anncxation at its regularly scheduled mceting on
Deccmber 17, 2002 and unanimously recommended approval. The Planning Depat1ment will report the Board's
recommendation at the January 21, 2003 Commission Worksession.
S:\Planning Departl11cnt\C D B\Anncxations\ANX - 2002\ANX2002-10016 2"'00 Varsity Dr. George A. Hunt\CC ANX2002 -10016 - 2
2400 Varisty Dr.doc
.
CDS Meeting Date:
Case Number:
Agcnda Item :
December 17, 2002
ANX 2002- 1 00 1 6
C2
CITY OF CLEAR\V A TER
PLANNING DEPARTMENT
STAFF REPORT
BACKGROUND INFORMATION:
O\VNER:
Gcorge A, Hunt
APPLICANT:
Gerald A. Figurski, Esquire
LOCATION:
2400 Varsity Drive, located on the north side of Varsity Drive,
approximately 2,000 feet north of Drew Street and 1,000 feet west
of Old Coachman Road,
REQUEST:
To annex the property into the City of Clearwater at the request of
the property owners and approve the appropriate City land use plan
category and zoning district.
SITE INFORMATION
PROPERTY SIZE:
3 1 1,454 square feet or 7. 1 5 acres
DIMENSION OF SITE:
500 feet wide by 650 feet deep m,o.l.
PROPERTY USE:
Current Use:
Proposed Use:
Outdoor Retail Sales
Single-family residential subdivision
PLAN CATEGORY:
Current Category:
Proposed Category:
Residential Urban (RU)
Residential Urban (RU)
ZONING DISTRICT:
Current District:
Proposed District:
A-E, Agricultural Estate Residential District (County)
LMDR, Low Medium Density Residential District
SlaffRcport - Community Dcvclopment Board - December \7,2002 - Case ANX 2002-10016 - Page 1
EXISTING
SURROUNDING USES:
North:
South:
East:
West:
Park
Singlc-family residential/Open Space
Opcn Space
Single-family residential
ANALYSIS:
The subject property is approximately 7,15 acres in arca and is locatcd at 2400 Varsity Drive, on
the north side, approximately 2.000 fect north of Drew Strcet and l,OOO fcct west of Old
Coachman Road. The applicant is requesting this anncxation in ordcr to rcceivc City sewcr and
watcr scrvice so the property can bc rcdevclopcd with a singlc-family residcntial subdivision. A
trce nursery clllTently occupies this site. The property is contiguous with the cxisting City
boundaries to the north, south, east and west; thcrefore. the proposed annexation is consistent
with Florida Statutes with regard to voluntary anncxation, It is proposed that the properties havc
a Future Land Use Plan designation of Rcsidential Urban (RU) and a zoning category of LMDR,
Low Medium Density Rcsidential.
A. IMPACT ON CITY SERVICES;
Watcr and Sewer:
The applicant is not currently receiving water or sanitary sewcr service from the City, 80th
sewer and watcr service will be provided by the City of Clearwater and capacity for the projcct is
available for thcse utilities, The closest sewcr and watcr lines are located in the Varsity Drive
right-or-way. The applicant is aware of thc impact and asscssment fces for sewcr and watcr
servicc, as well as thc additional cost to extcnd sewer and watcr services to thc subjcct sitc,
Solid Waste:
Collcction of solid waste will be provided by the City of Clcarwatcr. The City has an interlocal
agrccment with Pinellas County to provide for thc disposal of solid waste at thc County's
Resource Recovery Plant and capacity is available to servc the property.
Police:
The proposed annexation is locatcd within Patrol District 3 in which thcre arc currently 56 patrol
officers and 7 patrol sergeants and a lieutenant assigned to this District. The District Station is
located at 2851 North McMulien Booth Road, Community policing service will be provided
through the City's zone system and officcrs in the field. The Police Department will be ablc to
serve this propCI1y and the annexation will not advcrsely affcct policc scrvicc and rcsponsc time.
Fire and Emergency Medical Services:
Fire and emergency medical services will bc provided to thcsc propcrtics by Station #48 locatcd
at l700 North Belcher Road. The Fire Department will be ablc to scrvc thesc propcrties and the
annexation will not advcrscly affect fire and EMS servicc and response time.
SlalT Report - Community Dewloprm:nl Ooard - December 17. 2002 -- Case AS:\ 2002-100 I () - Page 2
In summary, thc proposed annexation will not havc an adverse cffect on public facilitics and thcir
level of service.
B. CONSISTENCY \\'ITI-I CITY'S cOl\IPREHENSIVE PLAN:
The Pinellas County Comprehcnsive Plan and the Countywide Plan dcsignatc the sitc as
Residcntial Urban (RU). It is thc purpose of this category to depict thosc arcas of thc County that
are now developed, or appropriate to be developed, in a low density residcntial manner; and to
recognize such arcas as primarily well-suited for rcsidclltialuses that are consistent with the low
density, non-intensive qualities and natural resource characteristics of such areas. Rcsidential
uses arc the primary uses in this plan category up to a maximum of tivc (7,5) dwclling units pcr
acre, Secondary uses include Residcntial Equivalent; Institutional; Transportation/Utility; Public
Educational Facility; Ancillary Non-Rcsidential and Recrention/Open Space.
Thc annexation docs not proposc to changc the Rcsidential Urban (RU) plan category and the
proposed use is consistent with the uses and density of this plan category. Further, the
anncxation promotcs infilI dcvelopment as stated in Objectivc 2.4 of the Clearwater Future Land
Use Plan:
Objcctive - ln considering extension of service and facilitics, Clearwater shall actively
encourage inti]] devclopmcnt.
In summary, the proposed annexation is consistent with the City's Comprehensive Plan both in
the Future Land Usc Map and the goals and policies of the Plan.
C. CONSISTENCY OF DEVELOPMENT \\'11'1-1 COMMUNITY DEVELOPMENT
CODE AND CITY REGULATIONS:
As stated earlier, the application for annexation involves an cxisting tree nursery. The property is
500 fect in width and 3 1 l,454 square feet in lot area. The appropriate zoning district based on
the location and character of the property is the LMDR, Low Mcdium Density Residential. Thc
existing nursery will be a nonconfomling use under the City of Clearwater Community
Development Code provisions. The site excceds the minimum lot width and lot area
requirements for a residential standard development in the LMDR zoning district.
D. CONSISTENCY \VITH THE COUNT\'\VIDE PLAN:
There is no change rcquestcd in thc Comprehensive Plan categories of the sitc, which will rcmain
Residential Urban (RU) with a l11:lximum density of five (7.5) units pcr acre for the Rcsidcntial
Urban plan category.
Stall" Report - Community Dcvclopment Board - December t 7. 2002 - Case A~X 2002-100 t 6 - Page 3
E. CONSISTENCY \VITH PINELLAS COUNTY AND FLORIDA LA \V:
Pursuant to Pinellas County Ordinance No. 00-63, thc Pinellas Planning Council and County
staffhavc revicwed this annexation and dctcnnined it complies with the ordinance criteria.
Florida Statutes require that a proposcd anncxation bc both contiguolls with the cxisting
municipal boundaries and compact in its conccntration (Florida Statutes Chapter 1 7l), This sitc
is contiguous with the existing City boundaries to the n011h, south, east and wcst and rcprcscnts a
logical extcnsion of the cxisting boundaries. The compactncss standard of Florida law requircs
that the annexation does not create an enclave or a serpentinc pattcm of municipal boundarics,
The anncxation of this propcrty is consistent with this standard and no ncw cnclave will be
created,
In summary, the annexation of this propcrty is consistcnt with Florida law.
F. CODE ENFORCEMENT ANALYSIS:
Therc arc no currcnt code cnforccmcnt violations or any code enforccment history on this site,
SUMMARY AND RECOMMENDATIONS:
The proposed annexation can be served by City of Clcarwater serviccs, including sanitary sewer,
water, solid waste, police, fire and cmcrgency medical services without any advcrsc effcct on thc
scrvice level. The applicant has bcen infon11ed of any additional cost to conncct thc property to
thc City's sewer and water service,
The proposed annexation and existing use are consistent with both the City's Comprehensive
Plan and the Countywide Plan both with regard to the Future Land Use Map as well as goals and
policies. The cxisting and proposed use of this site as a single-family residential subdivision is
consistent with the LMDR zoning district. Finally, the proposed anncxation is consistcnt with
Florida law regarding municipal annexation through its adjacency with existing City boundaries
and is compact in concentration,
Based on the above analysis, the Planning Departmcnt recommends the following actions on thc
request:
Recommend APPROVAL of the annexation of the property located at 2400 Varsity Drive.
Recommend APPROVAL of the Residential Urban (RU) catcgory pursuant to the City's
Comprehensive Plan.
Recommend APPROVAL of the LMDR, Low Mcdium Dcnsity Residcntial zonmg district
pursuant to the City's Community Dcvclopment Codc,
Starr Report '- Community Dc\'clopmcnt Board - Dcccmber \7. 2002 - Case ANX 2002-\ 0016.- Page .\
Prepared by Planning Department Staff:
JdU.ffi~
Marc A, Mariano, Planner
.
,
Attachments:
Application
Location Map
Aerial Photograph of Site and Vicinity
Proposed Annexation
Future Land Use Map
Zoning Map
Surrounding Uses Map
Site Photographs
S:\l'lanning Dcpartmcnt\C D ll\Annexations\ANX. 2002\ANX2002.IOOI6 2400 Varsity Dr. Georgc A. Ilunt\ANX2002.IOOI6 2400 Varsity Dr
staff rCJlort.doc
StatTReport - Community Development Board - December 17, 2002 - Case ANX 2002-10016 - Page 5
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PROPOSED ANNEXA T!ON
SITE:
2400 Varsity Drive
ZONING
A-E/(County)
LMDR
.,. .-" .--- --~.. -------..
!PROPERTY
LAND USE
RU
RU
i
i CASE: ANX 2002-10016
. ju ___.._ ._.__..o__'_n.<_ _._...
SIZE (ACRES): 7,15
OWNER:
George A. Hunt
PIN: 07/29/16/00000/420/0200
;. FROM:
TO:
ATLAS
PAGE:
2818
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CITY OF CLEARWATER. FIDRIDA
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PROPOSED ANNEXA TION
OWNER: George A. Hunt
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SITE:
2400 Varsity Drive
ZONING
A- E/(Counl y)
LMDR
'PROPERTY SIZE (ACRES):
7.15
FROM:
TO:
LAND USE
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PIN: 07/29/16/00000/420/0200
ATLAS
PAGE:
2818
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View to the south
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George A. Hunt - ANX2002-10016
2400 Varsity Drive
ORDINANCE NO. 7070-03
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
ANNEXING CERTAIN REAL PROPERTY LOCATED ON THE
NORTH SIDE OF VARSITY DRIVE, APPROXIMATELY 2,000
FEET NORTH OF DREW STREET AND 1,000 FEET WEST OF
OLD COACHMAN ROAD, CONSISTING OF METES AND
BOUNDS 42/02 IN SECTION 7, TOWNSHIP 29 SOUTH, RANGE
16 EAST, WHOSE POST OFFICE ADDRESS IS 2400 VARSITY
DRIVE, INTO THE CORPORATE LIMITS OF THE CITY, AND
REDEFINING THE BOUNDARY LINES OF THE CITY TO
INCLUDE SAID ADDITION; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the owner of the real property described herein and depicted on the map
attached hereto as Exhibit A has petitioned the City of CleafWater 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 CleafWater
and the boundary lines of the City are redefined accordingly:
See Legal Description attached hereto.
(ANX 2002-10016)
Section 2. The provisions of this ordinance are found and determined to be consistent
with the City of CleafWater Comprehensive Plan. The City Commission hereby accepts the
dedication of all easements, parks, rights-of-way and other dedications to the public, which have
heretofore been made by plat, deed or user within the annexed property, The City Engineer, the
City Clerk and the Planning 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
Brian J. Aungst
Mayor-Commissioner
Approved as to form:
Attest:
, ., ' \
Leslie K. Dougall-Sides
Assistant City Attorney
Cynthia E, Goudeau
City Clerk
OrdHli1nCe No. 7070-03
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OS/R
13/02
NORTHEAST NORTHEAST COACHMAN PARK
COACHMAN
PARK
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Agreement 4433-193
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PROPOSED ANNEXATION
OWNER: GeorgeA. Hunt
SITE: 2400 Varsity Drive
ZONING
A-E/(County)
LMDR
CASE: ANX 2002-10016
PROPERTY SIZE (ACRES): 7.15
FA~M:
TO:
LAND USE
RU
RU
PIN: 07/29/16/00000/420/0200
ATLAS
PAGE:
281B
(j
ORDINANCE NO. 7071-03
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
AMENDING THE FUTURE LAND USE PLAN ELEMENT OF THE
COMPREHENSIVE PLAN OF THE CITY, TO DESIGNATE THE
LAND USE FOR CERTAIN REAL PROPERTY LOCATED ON THE
NORTH SIDE OF VARSITY DRIVE, APPROXIMATELY 2,000
FEET NORTH OF DREW STREET AND 1,000 FEET WEST OF
OLD COACHMAN ROAD, CONSISTING OF METES AND
BOUNDS 42/02 IN SECTION 7, TOWNSHIP 29 SOUTH, RANGE
16 EAST, WHOSE POST OFFICE ADDRESS IS 2400 VARSITY
DRIVE, UPON ANNEXATION INTO THE CITY OF
CLEARWATER, AS 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 is consistent with the City's comprehensive plan; now, therefore,
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1, The future land use plan element of the comprehensive plan of the City of
Clearwater is amended by designating the land use category for the hereinafter described
property, upon annexation into the City of Clearwater, as follows:
Property
Land Use Cateqorv
See Legal Description attached hereto.
(ANX 2002-10016)
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, contingent upon
and subject to the adoption of Ordinance No. 7070-03, and subject to the approval of the land
use designation by the Pinellas County Board of County Commissioners, and subject to a
determination by the State of Florida, as appropriate, of compliance with the applicable
requirements of the Local Government Comprehensive Planning and Land Development
Regulation Act, pursuant to ~ 163.3189, Florida Statutes.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Brian J. Aungst
Mayor-Commissioner
Approved as to form:
Attest:
Leslie K. Dougall-Sides
Assistant City Attorney
Cynthia E. Goudeau
City Clerk
Ordinance No. 7071-03
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SITE: 2400 Varsity Drive
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LAND USE
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PIN: 07/29/16/00000/420/0200
ATLAS PAGE: 281 B
... \f1I.WIIIlIC' Il'"PUII1I1"" (. (l1\\llll\f''UfI'''I'\('.l''" MoIIU\ \~\~OO.' 1001(, ~lI""1 V.It'I'! fhl\l'
ORDINANCE NO. 7072.03
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
AMENDING THE ZONING ATLAS OF THE CITY BY ZONING
CERTAIN REAL PROPERTY LOCATED ON THE NORTH SIDE
OF VARSITY DRIVE, APPROXIMATELY 2,000 FEET NORTH OF
DREW STREET AND 1,000 FEET WEST OF OLD COACHMAN
ROAD, CONSISTING OF METES AND BOUNDS 42/02 IN
SECTION 7, TOWNSHIP 29 SOUTH, RANGE 16 EAST, WHOSE
POST OFFICE ADDRESS IS 2400 VARSITY DRIVE, UPON
ANNEXATION INTO THE CITY OF CLEARWATER, AS LOW
MEDIUM DENSITY RESIDENTIAL (LMDR); PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the assignment of a zoning district classification as set forth in this ordinance
is found to be reasonable, proper and appropriate, and is consistent with the City's comprehensive
plan; now, therefore,
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1, The following described property located in Pinellas County, Florida, is hereby
zoned as indicated upon annexation into the City of Clearwater, and the zoning atlas of the City is
amended, as follows:
Property
Zoninq District
See Legal Description attached hereto,
(ANX 2002-10016)
Low Medium Density Residential
(LMDR)
Section 2. The City Engineer is directed to revise the zoning atlas of the City in
accordance with the foregoing amendment.
Section 3. This ordinance shall take effect immediately upon adoption, contingent upon
and subject to the adoption of Ordinance No, 7070-03.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Brian J, Aungst
Mayor.Commissioner
Approved as to form:
Attest:
. .
~~~,i~ rK. 'D~~gali-sid~s": I
Assistant City Attorney
,\. ':'-.
Cynthia E. Goudeau
City Clerk
Ordinance No. 7072-03
1.3/07
NORTHEAST
COACHMAN
PARK
OS/R
NORTHEAST COACHMAN
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LAND USE PIN: 07/29/16/00000/420/0200
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RU I ATLAS 2818
, PAGE:
George A. Hunt
SITE:
2400 Varsity Drive
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ADDITIONAL INFO~'1ATION REGARDING ITDl #11
Norman, Lois
.'
From:
Sent:
To:
Cc:
Subject:
Clayton, Gina
Wednesday, January 22,20031 :32 PM
Goudeau, Cyndie
Tarapani, Cyndi; Brumback, Garry; Norman, Lois
RE: 1/21/03 Work Session Follow up
Additional information regarding elevation:
The site elevation ranges from 25' - 30', Depending on where homes are located, living areas may have to be located 2.3
feet above grade.
----'Original Message--...
From: Goudeau, Cyndie
Sent: Tuesday, January 21, 2003 1:38 PM
To: Clayton, Gina
Cc: Tarapani, Cyndi; Brumback, Garry; Norman, Lois
Subject: 1/21/03 Work Session Follow up
Importance: High
Reminder. need to provide information re whether or not the property proposed for annexation at 2400 Varsity Drive,
is in the flood plain.
Please provide by noon tomorrow.
C!Jlldie
1
Clearwater Cit\' Commission
"
Agenda Cover Memorandum
Work ~c~,lon Item ":
PLD 3
Fin.1i ..\gcml.l Item"
.
! ..1,
"Iccling Date: n 1_ 13-()3
SUIUEcT/RECOl\IMENOA TION:
Petition for Anncxation, Land Use Plan and Zoning Atlas Amendmcnts for 1740 Ragland A vcnue, (Lot 55.
Clearwatcr Manor Subdivision); Owncr: Charlotte Sisko
MOTION: APPROVE the Petition for Anncxation, Land Use Plan Amcndment from County Residential
Low (RL) to City Residential Low (RL) and Zoning Atlas Amendment from County R-3, Residential Single-
Family District, to City LMDR. Low Medium Density Rcsidcntial District for 1740 Ragland A venuc (Lot 55.
Clcarwater Manor Subdivision); and PASS Ordinances #7064-03, #7065-03 & #7066-03 on lirst rcading,
(ANX 2002-10017)
00 and that the appropriate ofiiciills be iluthorized to execute ,ame.
SUMMAR\':
This sitc is locatcd at 1740 Ragland A vcnuc, which is on thc \\'cst sidc of Ragland A \'CIHIC approximately 1,900 fcet
south of Sunset Point Road and 450 fcct cast of Belchcr Road. The subject property is approximatcly O. 1 5 acrcs in
arca and is currcntly occupied by a single-family dwclling, Thc purposc ofthc annexation is to enablc thc applicant to
receive City sewer service, The abutting right-of-way is also proposed to be annex cd , A Future Land Usc Plan
designation of Residential Low (RL) is proposed along with a zoning category of UvtDR, Low Medium Density
Rcsidential.
The Planning Dcpartment dctennined that thc proposed annexation IS consistent with the following standards
speci lied in thc Community Development Code:
. Thc proposcd anncxation will not havc an ad\erse impact on public facilitics and their levcl of scrvice.
. The proposcd annexation is consistent with the City's Comprehensive Plan. the Countywide Plan and the
Community Devclopment Codc,
Risk Mgmt N/A
Public N/A
Works
DCM/AC~
Other N/A
Costs
Reviewed by:
Legal @
Budget ' N/A
Info Srvc N/A
Total
Funding Source:
Purchasing N/A
PLANNING DEPARTMENT
Current
FY
CI
Attachments
ORDINANCES NOS. 7064-03,
7065-03 & 7066-03
STAFF REPORT
OP
Other
Submitted by: "D ~.I ~
City Manager gc,v. av"...A-
o None
A ro rlatlon Coda:
Prmted on recycled paper
21gB
Rev.
t:", I /!,.oJ
· The proposed anncxation is contiguolls to cxisting municipal boundarics, rcprcscnts a logical extension of the
boundaries and docs not creatc an cnclavc.
This anncxation has bccn reviewcd by thc Pincllas Planning Council (PPCl and Pincllas County staffs according to
thc provisions of Pincllas County Ordinancc No, 00-63, Scction 7{ 1-3), and no objcctions havc bccn raised,
Thc Planning Departmcnt dctcrmincd that the proposed land usc plan amcndmcnt and rczoning applications are
consistcnt with thc following standards specified in thc Community Dcvclopmcnt Code:
· The proposed land use plan amendmcnt and rczoning application are consistent with thc Comprehcnsive Plan,
· The potcntial range oruses and thc specific proposed lIse are compatible with the surrounding area.
. Sufficient public facilitics arc available to scrve thc propcrty,
. The applications will not havc an advcrsc impact on thc natural environment.
Please rcfer to the attached report tor the complete staff analysis.
The Community Development Board will review this proposed annexation at its regularly scheduled meeting on
January 21, 2003, The Planning Dcpartmcnt will report the Board's recommcndation at the January 23, 2003
Commission meeting,
C:\\\'indows\TE~IPCC ANX2002 -100 17 -Ragland A \'cl1uc.doc
2
CDB Meeting Date: January 21. 2003
Case N um ber: ANX2002-1 0017
Agenda Item: Continued to January CDS
CITY OF CLEAR\V A TER
PLANNING DEPARTMENT
STAFF REPORT
BACKGROUND IN FO Ri'\1 A TION:
OWNER:
Charlotte Sue Sisk
APPLICANT:
Charlotte Sue Sisk
LOCATION:
1740 Ragland Avcnue, locatcd on the west side of Ragland
Avenue, approximately 1,900 feet south of Sunset Point Road and
450 feet east of Belcher Road and 450 north of S. Lagoon Circle.
REQUEST:
To annex the property into the City of Clearwater at the request of
the property owners and approve the appropriate City land use plan
category and zoning district.
SITE INFORMATION
PROPERTY SIZE:
6,838 square feet or 0.15 acres
DIMENSION OF SITE:
65 feet wide by 106 feet deep m.o.I.
PROPERTY USE:
Current Use:
Proposed Use:
Single-family residential
Single-family residential
PLAN CATEGORY:
Current Category:
Proposed Category:
Residential Low (RL)
Residential Low (RL)
ZONING DISTRICT:
Current District:
Proposed District:
R-3 - Residential Single-Family District (County)
LMDR, Low Medium Density Residential
Stall' Report - Community Development Board - January 21,2003 - Case ANX 2002-10017 - Page I
EXISTING
SURROUNDING USES:
North: Single-family residential
South: Multi-family residential
East: Single-family residential
West: Single-family residential
ANAL YSIS:
The subject property is located at l740 Ragland Avenue, on the west side, approximately l,900
feet south of Sunset Point Road, 450 feet east of Belcher Road and 450 feet north of S. Lagoon
Circle. The applicant is requesting this annexation in order to receive City sewer service. The
property is contiguous with the existing City boundaries to the south, cast and west; therefore, thc
proposed annexation is consistent with Florida Statutes with regard to voluntary annexation. It is
proposed that the abutting right-of-way also be annexed. The subject site is approximately 0.15
acre in arca and occupied by an existing single-family detached dwelling. It is proposed that the
properties have a Future Land Use Plan designation of Residential Low (RL) and a zoning
category of LMDR, Low Medium Density Residential.
A. IMPACT ON CITY SERVICES:
Water and Sewer:
The applicant is currently receiving water service from Pinellas County. Sewer service will be
provided by the City of Clearwater and capacity for the project is available for this utility, The
closest sewcr line is located in the Ragland Avenue right-of-way. Thc sewer impact fee of
$900.00 and assessment fee of $800.00 was paid by the applicant on October IS, 2002. The
applicant wi]) also be responsible for the required utility deposit and any costs associated with
connccting the subject property to the City sewer system.
Solid Waste:
Collection of solid waste wi]) be provided by the City of Clearwater. The City has an interlocal
agreement with Pinellas County to provide for the disposal of solid waste at the County's
Resource Recovery Plant and capacity is available to serve the property.
Policc:
Thc proposed annexation is located within Patrol District 3 in which there are currently 56 patrol
officers and 7 patrol sergeants and a lieutenant assigned to this District. The District Station is
located at 2851 North McMullen Booth Road. Community policing service will be provided
through the City's zone system and officcrs in the field. The Police Department will be able to
servc this propcrty and the annexation will not adversely affect police servicc and response time,
Fire and Emergency Medical Services:
Fire and emergcncy medical services will be provided to these properties by Station #48 located
at l700 North Belcher Road. The Fire Department will be able to scrve these properties and the
annexation will not adversely affect fire and EMS service and response time.
Staff Report - Community Dc\'dopmcnll3oard - J:1nuary 21, 2003 - Casc ANX 2002-10017 - Pagc 2
In summary, the proposed annexation will not have an adverse effect on public facilities and their
level of service.
B. CONSISTENCY \VITH CITY'S COMPREHENSIVE PLAN:
The Pinellas County Comprehensive Plan and the Countywide Plan designate the site as
Residential Low (RL). It is the purposc of this category to depict those areas of the County that
are now developed, or appropriate to be developed, in a low density residential manner; and to
recognize such areas as primarily well-suited for residential uses that are consistent with the low
density, non-intensive qualities and natural resource characteristics of such areas. Rcsidential
uses are the primary uses in this plan category up to a maximum of five (5,0) dwelling units per
acre. Secondary uses include Residential Equivalent; Institutional; TransportationlUtility; Public
Educational Facility; Ancillary Non-Residential and Recreation/Open Space,
The anncxation does not propose to change the Rcsidential Low (RL) plan category and the
proposed use is consistent with the uses and density of this plan category, Further, the
annexation promotes intill development as stated in Objective 2.4 of the Clearwater Future Land
Use Plan:
2.4 Objective - Compact urban development within the urban service area shall bc promoted
through application of the Clearwater Community Development Code.
In summary, the proposed annexation is consistent with the City's Comprehensive Plan both in
the Future Land Use Map and the goals and policies of the Plan.
C. CONSISTENCY OF DEVELOPMENT WITH COMMUNITY DEVELOPMENT
CODE AND CITY REGULATIONS:
As stated carlier, the application for annexation involves an existing single-family detached
dwelling. The property is 65 feet in width and 6,838 square feet in lot area. The appropriate
zoning district under the Community Development Code is the LMDR, Low Medium Density
Residential District. Under the current LMDR zoning district provisions, a minimum lot width
of 50 feet and a minimum lot area of 5,000 square feet are required. The subject property
exceeds the minimum dimensional requirements of a standard development in the LMDR
District and is therefore consistent with the Community Development Code.
D. CONSISTENCY \VITH THE COUNTYWIDE PLAN:
There is no change requested in the Comprehensive Plan category of the site, which will rcmain
Residential Low (RL) with a maximum density of five (5,0) units per acre for thc Rcsidcntial
Low plan category.
Staff Report - Community Dcvelopmcnt Board - January 21,2003 - Case ANX 2002-10017 - Page 3
E. CONSISTENCY 'VITH PINELLAS COUNTY AND FLORIDA LA'V:
Pursuant to PinelJas County Ordinance No. 00-63, the Pinellas Planning Council and County
staff have rcviewed this annexation and dctcnnined it complics with the ordinance criteria.
Florida Statutcs require that a proposcd annexation bc both contiguous with the existing
municipal boundaries and compact in its conccntration (Florida Statutes Chaptcr l7l), This site
is contiguous with the existing City boundaries to the north, west and south and represents a
logical extension of the existing boundaries. The compactness standard of Florida law requires
that the annexation does not create an enclave or a serpentine pattern of municipal boundaries.
The annexation of this property is consistent with this standard and no ncw cnclave will be
created,
In summary, the annexation of this property is consistcnt with Florida law.
F. CODE ENFORCEMENT ANALYSIS:
Thcre arc no current code enforcement violations or any code enforcement history on this site.
SUMMARY AND RECOMMENDATIONS:
The proposed annexation can be served by City of Clearwater services, including sanitary sewer,
solid waste, police, fire and emergency medical services without any adverse effect on the service
level. The applicant paid the applicable sanitary sewer impact fee and assessment and will be
responsible for the required utility deposit and any costs associated with connccting the subject
propcrty to the City sewer systcm.
The proposed annexation and existing use are consistent with both the City's Comprehensive
Plan and the Countywide Plan both with regard to the Future Land Usc Map as well as goals and
policies, The existing and future use of this site as a single-family dwclling is consistent with the
LMDR zoning district. Finally, the proposed 3lUlexation is consistent with Florida law regarding
municipal annexation through its adjacency with existing City boundaries and is compact in
concentration.
Based on the above analysis, the Planning Department recommends the following actions on the
request:
Recommcnd APPROVAL of the annexation of the property located at 1 740 Ragland Avenue.
Recommend APPROVAL of the Residential Low (RL) category pursuant to the City's
Comprehensive Plan.
Recommend APPROVAL of the LMDR, Low Medium Density Residential zonlllg district
pursuant to the City's Community Development Code.
Sla tT Rcporl -- ('OlllllluflIly Dc\'clopment Board - January 21. 2003 - Case A:--:X 2002-10017 - Pagc 4
Prepared by Planning Department Staff:
1id~
Marc A. Mariano, Planner
Attachments:
Application
Location Map
Aerial Photograph of Site and Vicinity
Proposed Annexation
Future Land Use Map
Zoning Map
Surrounding Uses Map
Site Photographs
S:\Planning Dcpartment\C D B\Annexations\ANX. 2002\STAFF REPORTS\o\NX 2002-10017 .1740 Ragland Avenue. Charlotte Sisk.doc
Staff Report - Community Development Board - January 2 I, 2003 - Case ANX 2002-10017 - Page 5
ORDINANCE NO. 7064-03
AN ORDINANCE OF THE CITY OF CLEARWATER. FLORIDA,
ANNEXING CERTAIN REAL PROPERTY LOCATED ON THE
WEST SIDE OF RAGLAND AVENUE, APPROXIMATELY 1900
FEET SOUTH OF SUNSET POINT ROAD AND 450 FEET EAST
OF BELCHER ROAD, CONSISTING OF LOT 5~ CLEARWATER
MANOR SUBDIVISION, TOGETHER WITH ABUTIING RIGHT-
OF-WAY, WHOSE POST OFFICE ADDRESS IS 1740 RAGLAND
AVENUE, INTO THE CORPORATE LIMITS OF THE CITY, AND
REDEFINING THE BOUNDARY LINES OF THE CITY TO
INCLUDE SAID ADDITION; PROVIDING AN EFFECTIVE DATE,
WHEREAS. the owner of the real property described herein and depicted on the map
attached hereto as Exhibit A has petitioned the City of Clearwater to annex the property into the
City pursuant to Section 171.044, Florida Statutes, and the City has complied 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 55, Clearwater Manor Subdivision, according to a map or plat thereof, recorded
in Plat Book 41, Page 66, Public Records of Pinellas County, Floridq together with
abutting right-of-way. (ANX 2002-10017)
Section 2. The provisions of this ordinance are found and determined to be consistent
with the City of Clearwater Comprehensive Plan. The City Commission hereby accepts the
dedication of all easements, parks, rights-of-way and other dedications to the public, which have
heretofore been made by plat, deed or user within the annexed property, The City Engineer, the
City Clerk and the Planning 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 7days after
adoption, and shall file a certified copy with the Florida Department of State within 30 days after
adoption.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Brian J. Aungst
Mayor-Commissioner
Approved as to form:
Attest:
Cynthia E. Goudeau
City Clerk
" ~ ;L,(' ?hi ,~
[eslie K. Dougall-Side:(
Assistant City Attorney .
Ordinance No, 7064-03
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OWNER: Charlotte Sue Slsk
1740 Ragland Avenue
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PROPOSED
ANNEXA TION
CASE: ANX 2002-10017
1PROPERTY SIZE (ACRES): 0.15--
ROW SIZE (ACRES): ~:.'~.
.
i PIN~_~~;:?~~~~6506!OOO/ 0550.
I ATLAS 263 ~
, t>AGE: I
LAND USE
RL
RL
Exhibit "A"
Ordinance No. 7064-03
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LMDR
ORDINANCE NO. 7065-03
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
AMENDING THE FUTURE LAND USE PLAN ELEMENT OF THE
COMPREHENSIVE PLAN OF THE CITY, TO DESIGNATE THE
LAND USE FOR CERTAIN REAL PROPERTY LOCATED ON THE
WEST SIDE OF RAGLAND AVENUE, APPROXlMATEL Y 1900
FEET SOUTH OF SUNSET POINT ROAD AND 450 FEET EAST
OF BELCHER ROAD, CONSISTING OF LOT 55, CLEARWATER
MANOR SUBDIVISION, TOGETHER WITH ABUTTING RIGHT-
OF-WAY, WHOSE POST OFFICE ADDRESS IS 1740 RAGLAND
AVENUE, UPON ANNEXATION INTO THE CITY OF
CLEARWATER, AS RESIDENTIAL LOW (RL); PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the amendment to the future land use plan element of the comprehensive plan
of the City as set forth in this ordinance is found to be reasonable, proper and appropriate, and is
consistent with the City's comprehensive plan; now, therefore,
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. The future land use plan element of the comprehensive plan of the City of
Clearwater is amended by designating the land use category for the hereinafter described
property, upon annexation into the City of Clearwater, as follows:
Property
Lot 55, Clearwater Manor Subdivision, according
to a map or plat thereof, recorded in Plat Book 41,
Page 66, Public Records of Pinellas County,
Florida, together with abutting right-of-way
(ANX 2002-10017)
Land Use Cateqory
Residential Low (RL)
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 immediate~ upon adoption, contingent upon
and subject to the adoption of Ordinance No. 7064-03, and subject to the approval of the land
use designation by the Pinellas County Board of County Commissioners, and subject to a
determination by the State of Florida, as appropriate, of compliance with the applicable
requirements of the Local Government Comprehensive Planning and Land Development
Regulation Act, pursuant to 9 163.3189, Florida Statutes.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Brian J. Aungst
Mayor-Commissioner
Attest:
Cynthia E.Goudeau
City Clerk
Ordinance No. 7065.03
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OWNER: Charlotte Sue Sisk
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SITE: 1740 Ragland Avenue
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PIN: 06/29/16/16506/00010550
ATLAS PAGE: 263A
Ordinance No. 7065-03
ORDINANCE NO. 7066-03
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
AMENDING THE ZONING ATLAS OF THE CITY BY ZONING
CERTAIN REAL PROPERTY LOCATED ON THE WEST SIDE OF
RAGLAND AVENUE, APPROXIMATELY 1900 FEET SOUTH OF
SUNSET POINT ROAD AND 450 FEET EAST OF BELCHER
ROAD CONSISTING OF LOT 55, CLEARWATER MANOR
SUBDIVISION, TOGETHER WITH ABUTTING RIGHT-OF-WAY,
WHOSE POST OFFICE ADDRESS IS 1740 RAGLAND AVENUE,
UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS
LOW MEDIUM DENSITY RESIDENTIAL (LMDR); PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the assignment of a zoning district classification as set forth in this ordinance
is found to be reasonable, proper and appropriate, and is consistent with the City's comprehensive
plan; now, therefore,
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. The following described property located in Pinellas County, Florida, is hereby
zoned as indicated upon annexation into the City of Clearwater, and the zoning atlas of the City is
amended, as follows:
Property
Zoninq District
Lot 55, Clearwater Manor Subdivision, according
to a map or plat thereof, recorded in Plat Book 41 ,
Page 66, Public Records of Pinellas County,
Florida, together with abutting right-of-way
(ANX 2002-10017)
Low Medium Density
Residential (LMDR)
Section 2. The City Engineer is directed to revise the zoning atlas of the City in
accordance with the foregoing amendment.
Section 3. This ordinance shall take effect immediately upon adoption, contingent upon
and subject to the adoption of Ordinance No. 706403.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Brian J. Aungst
Mayor-Commissioner
Approved as to form:
Attest:
Cynthia E. Goudeau
City Clerk
Ordinance No. 7066-03
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Charlotte Sue Sisk
1740 Ragland Avenue
ZONING
R- 3 / County
LMDR
ZONING MAP
CASE: ANX 2002-10017
PROPERTY SIZE (ACRES): 0.15
ROW SIZE (ACRES): O.~.__.
LAND USE PIN: 06/29/16/16506/000/0550
RL
RL
ATLAS
PAGE:
263A
Ordinance No. 7066-03
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PUBIJC WORKS ADMINISTRATION
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1740 Ragland A venue
ANX 2002-10017
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FUTllRE LAND USE PLAN MAP
OWNER: Charlotte Sue Sisk
CASE: ANX 2002-10017
SITE: 1740 Ragland Avenue
PROPERTY SIZE (ACRES): 0.15
R.O.W, SIZE (ACRES): 0.01
FROM:
TO:
ZONING
R-3/County
LMDR
LAND USE
RL
RL
PIN: 06129/16/16506/000/0550
ATLAS PAGE: 263A
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OWNER: Charlotte Sue Sisk : CASE: ANX 2002-10017
SITE: ...- '-1i40--R-agl~~d---A v~~u~"------ ---'~J.~~~.~~;~J~}~~~2~~g{O~~~~=~h ~_..---..-------
-'-ZON"NG ---.---- .... ........-..--- "lAND USE PIN: 06/29/16/16506/000/0550
R-3 / County RL ._..._____..
LMDR RL ATLAS
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Clearwater City Commission
AQenda Coyer Memorandum
.....
Work session Item #:
e I- b l-j.
Final Agend:1 Item #
Meeting Date:
')
")
(}1-1~-O~
SU B.JEcT /RECOMM EN DATION:
Petition ror Annexation, Land Use Plan and loning Atlas Amendments t't)r 1925 Ashland Drive. (Lot 51.
Citrus Hcights lvlanor First Addition): Owner: Janet Ergang,
MOTION: APPP..OVE the Petition 1'01' Annexation, Land Use Plan Amendment rrom County Residential
Low (RL) to City Residentinl Low (RL) and Zoning Atlas Amendmcnt from County R-3. Residential Singh~-
Family District, to City UvlDR. I.ow Medium Density Residential District for 1925 Ashland Drive (Lot 51.
Citrus Hcights Manor First Addition): and PASS Ordinances #7067-03. #7068-03 & #7069-03 on lirst
reading.
(ANX 2002-10018)
00 and that the appropriate officials be authorized to execute same.
SUMMARY:
This site is located at 1925 Ashland Drive, which is on the south sidc or Ashland Drive approximatcly 900 rcct wcst
of I-Ierculcs A vcnue and 550 fcet north of Union Street. The subject property is approximately O. 1 9 acrcs in arca and
is currently occupied by a single-family dwelling. The purposc of the annexation is to enable the applicant to reccivc
City sewer service, A Future Land Usc Plan dcsignation of Rcsidcntial Low (RL) is proposed along with a zoning
category of LMDR. Low Medium Density Residential.
The Planning Department detennined that thc proposed annexation IS consistent with the following standards
specificd in the Community Development Code:
. The proposcd annexation will not havc an adverse impact on public facilitics and their level of servicc.
. The proposed annexation is consistcnt with the City's Comprchensive Plan, the Countywide Plan and the
Community Development Code.
Reviewed by:
Legal ~
Budget N/A
Info Srvc N/A
Originating Dept:
PLANNING DEPA~ME)H
(Gina L. ClavtonilJ I /
User Dept. ~ rljV
PLANNING DEPART~~
Costs
Total
Purchasing N/A
Public N/A
Works
DCM/ACM ~
Other N/A
Funding Source:
Current
FY
CI
Risk Mgmt N/A
Attachments
ORDINANCES NOS. 7067-03,
7068-03 & 7069-03
STAFF REPORT
OP
Other
Submitted by: ~. j I , I
City Manager ~ M.\~" -
o Printed on recycled paper
2/98
o None
Appropriation Code:
Rev,
. The proposed annexation is contiguous to existing municipal boundmies, reprcsents a logical extension of thc
boundaries and does not create an enclave,
This annexation has been reviewcd by the Pincllas Planning Council (PPC) and Pincllas County staffs according to
the provisions of Pinellas County Ordinance No, 00-63, Section 7( 1-3), and no objections have been raised.
The Planning Dcpanment determincd that the proposed land use plan amendment and rezoning applications arc
consistent with the following standards specified in the Community Dcvclopl11ent Code:
. The proposed land use plan amendment and rezoning application are consistent with the Comprehensive Plan,
. The potential range of uses and the speci fic proposed use are compatible with the sUITounding area.
. Sufficient public facilities are availablc to serve the property.
. The applications will not have an adverse impact on the natural cnvironment.
Please refer to the attached rcp0l1 for the complete staff analysis.
The Community Development Board will revicw this proposed annexation at its regularly scheduled meeting on
Decembcr 17, 2002 and unanimously recommended approval. The Planning Department will report the Board's
rccommendation at the January 21,2003 Commission Worksession.
S:\Planning DcparllnCnI\C D B\Anncxalions\ANX - 2002\ANX2002-IOOlS - 1925 Ashland Dr Janel Ergang\CC ANX2002 -10018 - 2
Ashland Dr.ol'!.:
CDB Meeting Date:
Case Number:
Agenda Item:
December 17. 2002
ANX2002-1 00 1 8
Cl
CITY OF CLEARWATER
PLANNING DEPARTMENT
STAFF REPORT
BACKGROUND INFORMATION:
O\VNER:
Janet Ergang
APPLICANT:
Janet Ergang
LOCATION:
1925 Ashland Drive, located on the south side of Ashland Drive,
approximately 900 feet west of Hercules Avenue and 550 feet
north of Union Street.
REQUEST:
To annex the property into the City of Clearwater at the request of
the property owners and approve the appropriate City land use plan
category and zoning district.
SITE INFORMATION
PROPERTY SIZE:
8,276 square feet or 0.19 acres
DIMENSION OF SITE:
70 feet wide by 119 feet deep m.o.I.
PROPERTY USE:
Current Use:
Proposed Use:
Single-family residential
Single-family residential
PLAN CATEGORY:
Current Category:
Proposed Category:
Residential Low (RL)
Residential Low (RL)
ZONING DISTRICT:
Current District:
Proposed District:
R-3, Residential Single-Family District (County)
LMDR, Low Medium Density Residential
StarT Report - Community Development Board - December 17, 2002 - Case ANX2002-1 00 18 - Page I
EXISTING
SURROUNDING USES:
North: Single-family residential
South: \Vater featurc
East: Single-family residential
West: Single-family residential
ANAL YSIS:
The subject propcrty is located at 1925 Ashland Drive. on the south sidc, approximately 900 feet
west of Hercules Avenue and 550 feet north of Union Street. The applicant is requesting this
annexation in order to receivc City sewer servicc. The property is contiguous with the cxisting
City boundaries to the north, south, cast and wcst; thercfore, the proposed anncxation is
consistent with Florida Statutes with rcgard to voluntary anncxation. The subject site is
approximately 0,19 acrcs in area and is occupied by an existing single-family detached dwelling.
It is proposed that the properties have a Future Land Usc Plan dcsignation of Residential Low
(RL) and a zoning catcgory of LMDR, Low Medium Density Residcntial.
A. IMPACT ON CITY SERVICES:
Water and Sewer:
The applicant is currcntly receiving water scrvicc from Pinellas County. Sewer service will be
provided by thc City of Clearwater and capacity for the projcct is available for this utility. The
closest sewcr linc is located in the adjacent Ashland Drive right-of-way. The sewer impact fee of
$900.00 and asscssmcnt fec of$800.00 has been paid by the applicant.
Solid Waste:
Collection of solid wastc will be providcd by thc City of Clcarwatcr. Thc City has an intcrlocal
agrecment with Pincllas County to provide for the disposal of solid waste at the County's
Rcsource Rccovcry Plant and capacity is available to serve the propcrty.
Policc:
The proposcd annexation is locatcd within Patrol District 3 in which there are currently 56 patrol
officcrs and 7 patrol scrgcants and a lieutcnant assigned to this District. The District Station is
located at 2851 North McMullen Booth Road. Community policing scrvicc will bc provided
through the City's zonc system and officers in the field, The Police Department will be able to
serve this propcrty and the anncxation will not advcrsely affect police service and response time.
Firc and Emergcncy Mcdical Scrvices:
Firc and emcrgcncy mcdical scrviccs will bc provided to these propcrties by Station #48 located
at 1700 North Bclcher Road. The Fire Department will be able to serve thcse properties and the
anncxation will not advcrscly affcct firc and EMS scrvicc and response time.
In summary, thc proposcd annexation will not havc an adversc effcct on public facilitics and thcir
Icvcl of scrvicc.
StafTReport - Community Devclopmcnt Board -- Decembcr 17.2002 - Casc ANX2002-10018 - Page 2
B. CONSISTENCY \\'ITH CIT\,,'S cOi\IPREHE~SIVE PLAN:
The Pincllas County Comprchcnsive Plan and thc Countywidc Plan dcsignate the site as
Rcsidential Low (RL). It is the purpose of this category to depict those areas of thc County that
arc now developcd, or appropriate to be developed, in a low density residcntial manner; and to
recognize such arcas as primarily wcll-suitcd for residcntial uses that are consistcnt with the low
density, non-intcnsive qualities and natural resource characteristics of such areas. Residential
uses are the primary uses in this plan category up to a maximum of five (5.0) dwelling units per
acre. Secondary uses include Residential Equivalent; Institutional; Transportation/Utility; Public
Educational Facility; Ancillary Non-Residential and Recreation/Opcn Space.
Thc anncxation docs not propose to changc the Residential Low (RL) plan category and the
proposed use is consistent with thc uses and density of this plan category. Further, the
anncxation promotes infill development as stated in Objective 2.4 of the Clearwater Future Land
Use Plan:
2.4 Objective - Compact urban development within the urban service arca shall be promoted
through application of the Clearwater Community Development Code.
In summmy, the proposed annexation is consistent with the City's Comprchcnsive Plan both in
the Future Land Use Map and the goals and policies of the Plan.
C. CONSISTENCY OF DEVELOPMENT \VITH COMMUNITY DEVELOPMENT
CODE AND CITY REGULATIONS:
As stated earlier, the application for anncxation involves an existing single-family detached
dwelling. Thc property is 70 feet in width and 8,276 square feet in lot area. The appropriate
zoning district under the Community Development Code is the LMDR, Low Medium Density
Residcntial District. Under the current LMDR zoning district provisions, a minimum lot width
of 50 fcet and a minimum lot area of 5,000 square feet are required, The subject property
excecds the minimum dimensional requirements of a standard devclopment in the LMDR
District and is therefore consistent with the Community Development Code,
D. CONSISTENCY \VITH THE COlINTY\VIDE PLAN:
Therc is no change requested in the Comprehensive Plan category of the site, which will remain
Residential Low (RL) with a maximum density of five (5.0) units pcr acrc for the Residential
Low plan category.
E. CONSISTENCY \VITH PINELLAS COUNTY AND FLORIDA LA \V:
Pursuant to Pincllas County Ordinance No. 00-63, the Pincllas Planning Council and County
staff have rcvicwcd this annexation and detel1llined it complics with the ordinance criteria,
Staff Report - Community Dc\'clopmcnt13oard - December 17, 2002 - Casc ANX200:!.1 00 1 S - Page J
Florida Statutcs rcquirc that a proposcd anncxation bc both contiguous with the existing
municipal boundarics ami compact in its conccntration (Florida Statutes Chapter 1 71). This site
is contiguous with thc cxisting City boundarics to thc north, wcst and south and rcprcscnts a
logical extcnsion of the existing boundaries, The compactness standard of Florida law rcquircs
that the annexation docs not crcatc an cnclavc or a scrpentinc pattcm of municipal boundarlcs.
The annexation of this property is consistent with this standard and no new cnclave will be
created.
In summary, thc anncxation of this property is consistcnt with Florida law.
F. CODE ENFORCEMENT ANALYSIS:
There are no currcnt code cnforccmcnt violations or any codc enforccment history on this sitc.
SUMMARY AND RECOMi\lENDA TIONS:
The proposed anncxation can be served by City of Clearwater serviccs, including sanitary sewer,
solid waste, police, fire and emt-,::rency medical services without any adverse effect on the service
lcvcl. The applicant has paid the;: required sanitary sewcr impact fce and assessmcnt fec and is
also aware of the additional cost to connect the property to the City sewcr system.
The proposed annexation and existing use arc consistent with both the City's Comprehcnsive
Plan and the Countywide Plan both with regard to the Futurc Land Use Map as wcll as goals and
policies, The existing and future use of this site as a single-family home is consistent with thc
LMDR zoning district. Finally, the proposed annexation is consistent with Florida law regarding
municipal annexation through its adjacency with existing City boundaries and is compact in
concentration.
Based on the above analysis, the Planning Department recommcnds the following actions on the
rcquest:
Recommend APPROVAL of the annexation of the property located at 1925 Ashland Drive.
Recommend APPROVAL of the Residential Low (RL) category pursuant to the City's
Comprehensive Plan,
Rccommend APPROVAL of the LMDR, Low Medium Dcnsity Residential zonmg district
pursuant to the City's Community Development Code.
Sta n' Rt'port -- Comlllunity Dcvclopment Board - Dccembcr 17. 2002 - Casc A ~ X2002-1 00 I R - Pagc 4
Prepared by Planning Department Staff:
AU~
Marc A. Mariano, Planner
Attachments:
Application
Location Map
Aerial Photograph of Site and Vicinity
Proposed Annexation
Future Land Use Map
Zoning Map
Surrounding Uses Map
Site Photographs
s:\ Planning Deparlment\C D B\Annexalions\ANX - 2002\ANX2002-1 0018 - 1925 Ashland Dr Janet Ergang\ANX 2002-10018 -1925 ashland
dr staff report.due
StatTRcport - Community Devclopmcnt Board - Dcccmber 17,2002 - Case ANX2002.I0018 - Page 5
Aerial
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i PIN: 36/28/15/15552/000/0510
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OWNER:
Janet Ergang
SITE:
1925 Ashland Drive
ZONING
R-3 1 County
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LAND USE
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PIN: 36/28/15/15552/000/0510
ATLAS
PAGE:
242A
. .
ORDINANCE NO. 7069-03
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 ASHLAND DRIVE, APPROXIMATELY 900 FEET WEST OF
HERCULES AVENUE AND 550 FEET NORTH OF UNION
STREET, CONSISTING OF LOT 51, CITRUS HEIGHTS MANOR
FIRST ADDITION, WHOSE POST OFFICE ADDRESS IS 1925
ASHLAND DRIVE, UPON ANNEXATION INTO THE CITY OF
CLEARWATER, AS LOW MEDIUM DENSITY RESIDENTIAL
(LMDR); PROVIDING AN EFFECTIVE DATE.
WHEREAS, the assignment of a zoning district classification as set forth in this ordinance
is found to be reasonable, proper and appropriate, and is consistent with the City's comprehensive
plan; now, therefore,
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1, The following described property located in Pine lias 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:
PrQf1ertv
Zonin~ District
Lot 51, Citrus Heights Manor First Addition,
according to map or plat thereof as recorded in
Plat Book 47, Page 29, Public Records of Pinellas
County, Florida (ANX 2002-10018)
Low Medium Density Residential
(LMDR)
Section 2. The City Engineer is directed to revise the zoning atlas of the City in
accordance with the foregoing amendment.
Section 3. This ordinance shall take effect immediately upon adoption, contingent upon
and subject to the adoption of Ordinance No. 7067-03,
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Brian J. Aungst
Mayor-Commissioner
Approved as to form:
Attest:
Leslie K, Dougall-Si e
Assistant City Attorney
Cynthia E. Goudeau
City Clerk
Ordll1i1l1ce No 7069.03
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ZONING MAP
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LAND USE
RL
RL
CASE: ANX 2002-10018
----------
SIZE (ACRES): 0.19
PIN: 36/28/15/15552/00010510
ATLAS
, PAGE:
242A
Ordinance No. 7069-03
f
. .
,
ORDINANCE NO. 7067-03
AN ORDINANCE OF THE CITY OF CLEAR\NA TER, FLORIDA,
ANNEXING CERTAIN REAL PROPERTY LOCATED ON THE
SOUTH SIDE OF ASHLAND DRIVE, APPROXIMATELY 900 FEET
WEST OF HERCULES AVENUE AND 550 FEET NORTH OF
UNION STREET, CONSISTING OF LOT 51, CITRUS HEIGHTS
MANOR FIRST ADDITION, WHOSE POST OFFICE ADDRESS IS
1925 ASHLAND DRIVE, INTO THE CORPORATE LIMITS OF THE
CITY, AND REDEFINING THE BOUNDARY LINES OF THE CITY
TO INCLUDE SAID ADDITION; PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the owner of the real property described herein and depicted on the map
attached hereto as Exhibit A has petitioned the City of Clearwater to annex the property into the
City pursuant to Section 171.044, Florida Statutes, and the City has complied with all applicable
requirements of Florida law in connection with this ordinance; now. therefore.
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. The following-described property is hereby annexed into the City of Clearwater
and the boundary lines of the City are redefined accordingly:
Lot 51, Citrus Heights Manor First Addition, according to map or plat thereof as
recorded in Plat Book 47, Page 29, Public Records of Pinellas County, Florida
(ANX 2002-10018)
Section 2. The provisions of this ordinance are found and determined to be consistent
with the City of Clearwater Comprehensive Plan. The City Commission hereby accepts the
dedication of all easements, parks, rights-of-way and other dedications to the public, which have
heretofore been made by plat, deed or user within the annexed property. The City Engineer, the
City Clerk and the Planning Director are directed to include and show he property described
herein upon the official maps and records of the City,
Section 3. This ordinance shall take effect immediately upon adoption. The City Clerk
shall file certified copies of this ordinance, including the map attached hereto, withthe Clerk of the
Circuit Court and with the County Administrator of Pinellas County, Florida, within 7 days after
adoption, and shall file a certified copy with the Florida Department of State within 30 days after
adoption,
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Brian J, Aungst
Mayor-Commissioner
Appr~yed as to form:';l '1
'--// . " ) I/'I 0 .
f\/ ~,-!!t(, ~: ~i> 1J;(.t{V~~" ..,~<; 12-,
Leslie K~ Doug'all-Sides( _)
Assistant City Attorney ,
Attest:
Cynthia E, Goudeau
City Clerk
Ordinance No, 7067-03
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-S1T~-----19 2 5' - A ~'hl-~-~- d-D~i~;---------------- '-Tp R 0 PER T Y SIZ E ( A eRE S ) : 0.19
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i PAGE:
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~ Exhibit "A" Ordinance No, 7067-03
L}
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ORDINANCE NO. 7068-03
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
AMENDING THE FUTURE LAND USE PLAN ELEMENT OF THE
COMPREHENSIVE PLAN OF THE CITY, TO DESIGNATE THE
LAND USE FOR CERTAIN REAL PROPERTY LOCATED ON THE
SOUTH SIDE OF ASHLAND DRIVE, APPROXIMATELY 900 FEET
WEST OF HERCULES AVENUE AND 550 FEET NORTH OF
UNION STREET, CONSISTING OF LOT 51, CITRUS HEIGHTS
MANOR FIRST ADDITION, WHOSE POST OFFCE ADDRESS IS
1925 ASHLAND DRIVE, UPON ANNEXATION INTO THE CITY OF
CLEARWATER, AS RESIDENTIAL LOW (RL; 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 comprehensi\e plan; now, therefore,
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
CLEARWATER, FLORIDA:
SeQ,tion 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 he hereinafter described
property, upon annexation into the City of Clearwater, as follows:
Property
Lot 51, Citrus Heights Manor First Addition,
according to map or plat thereof as recorded in
Plat Book 47, Page 29, Public Records of
Pinellas County, Florida (ANX 2002-10018)
Land Use Cate!=lQIY
Residential Low (RL)
Section 2. The City Commission does hereby certify that this ordinance is consistent
with the City's comprehensive plan.
Section 3. This ordinance shall take effect immediately upon adoption, contingent upon
and subject to the adoption of Ordinance No. 7067-03, and subject to the approval of the land
use designation by the Pinellas County Board of County Commissioners, and subject to a
determination by the State of Florida, as appropriate, of compliance with the applicable
requirements of the Local Government Comprehensive Planning and Land Development
Regulation Act, pursuant to 9 163.3189, Florida Statutes,
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Brian J. Aungst
Mayor-Commissioner
A~~ved as to foyn' .
,{;~!-,t~. ~ i=)J'.J~tZJ2.a
Leslie K. Dougall-Sic(esJ
Assistant City AttorneY'"
Attest:
Cynthia E, Goudeau
City Clerk
Ordinance No, 7068-03
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FUTURE LAND USE PLAN MAP
CASE: ANX 2002-10018
OWNER: Janet Ergang
PROPERTY SIZE (ACRES): 0.19
SITE: 1925 Ashland Drive
FROM:
TO:
ZONING
R.3 / (County)
LMDR
LAND USE
RL
RL
PIN: 36/:~/15/15552/000/051 0
ATLAS PAGE: 242A
... I'llu "~:'~...~'~tf';,l t'llH lr.~.n.'JlI",' "....,;x :p..l~\.'''",\~;,;: ~ tll~ !'1!;A,U,,,tDr JJ.llrth~.n~'I~.,:..):,100IbIQ~; l..t.hni[lr l'tJh
Ordinance No. 7068-03
. ITEM # 1 L.
I ~-
Q RQlt:'-J~ t~LG ~,N QJlt~5-03
Second Reading
AN ORDINANCE OF THE CITY OF CLEARWATER. FLORIDA,
ANNEXING CERTAIN REAL PROPERTY LOCATED ON THE
NORTH SIDE OF STEVENSON'S DRIVE, APPROXIMATELY 90
FEET WEST OF STOCKTON DRIVE, CONSISTING OF LOT 6,
BLOCK C, STEVENSON'S HEIGHTS. TOGEll-lER WITH
ABUTTING RIGHT-OF-WAY ALONG STEVENSON'S DRIVE,
WHOSE POST OFFICE ADDRESS IS 1607 STEVENSON'S
DRIVE, INTO THE CORPORATE LIMITS OF THE CITY, AND
REDEFINING THE BOUNDARY LINES OF THE CITY TO
INCLUDE SAID ADDITION; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the owner of the real property described herein and depicted on the map
attached hereto as Exhibit A has petitioned the City of Clearwater to annex the property into the
City pursuant to Section 171,044, Florida Statutes. and the City has complied wth all applicable
requirements of Florida law in connection with this ordinance; now, therefore,
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
CLEARWATER, FLORIDA:
SecJiOIlJ. 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 C. Stevenson's Heights, O.R. Book 34, Page 13, Public Records of
Pinellas County, Florida, together with abutting right-of-way along Stevenson's
Drive. (ANX 2002-09013)
SectiQIl1. The provisions of this ordinance are found and determined to be consistent
with tile City of Clearwater Comprehensive Plan. The City Commission hereby accepts the
dedication of all easements, parks, rights-of-way and other dedications to the public, which have
heretofore been made by plat, deed or user within the annexed property. The City Engineer, the
City Clerk and the Planning Director are directed to include and show the property described
herein upon the official maps and records of the City,
~ection 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
January 9, 2003
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Brian J, Aungst
Mayor-Commissioner
~
Leslie K. Dougall-Sides
Assistant City Attorney
Attest:
Cynthia E. Goudeau
City Clerk
Ordinance No, 7045-03
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I C~SE : ANX_ 2002-09013
PROPERTY SIZE (ACRES): 0.18
ROW SIZE (ACRES): .08 ______
Re8Id~~~~1 ~~~ -l!IN~~~~~~/1-~-~~~~,~/003/006___,_
LMOR ATLAS 269B
PAGE:
DRIVE
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1235
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PROPOSED ANNEXA TION
OWNER: Jacqueline L. Walters
SITE:
1607 Stevenson's Drive
ZONING
R- 3/County
LMDR
FROM:
TO:
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Ordinance No. 7045-03
Ii"-)
ORDINANCE NO. 7046-03
~ ._. _ ___ _n___.. _.._ n___ _
Second Reading
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA
AMENDING THE FUTURE LAND USE PLAN ELEMENT OF THE
COMPREHENSIVE PLAN OF THE CITY, TO DESIGNATE THE
LAND USE FOR CERTAIN REAL PROPERTY LOCATED ON THE
NORTH SIDE OF STEVENSON'S DRIVE, APPROXIMATELY 90
FEET WEST OF STOCKTON DRIVE, CONSISTING OF LOT 6,
BLOCK C, STEVENSON'S HEIGHTS, TOGETHER WITH
ABUTTING RIGHT-OF-WAY ALONG STEVENSON'S DRIVE,
WHOSE POST OFFICE ADDRESS IS 1607 STEVENSON'S
DRIVE, UPON ANNEXATION INTO THE CITY OF CLEARWATER,
AS RESIDENTIAL LOW; PROVIDING AN EFFECTIVE DATE,
WHEREAS, the amendment to the future land use plan element of the comprehensive plan
of the City as set forth in this ordinance is found to be reasonable, proper and appropriate, and is
consistent with the City's comprehensive plan; now, therefore,
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
CLEARWATER, FLORIDA:
~ection 1,. The future land use plan element of the comprehensive plan of the City of
ClearwClter is amended by designating the lard use category for the hereinafter described
property, upon annexation into the City of Clearwater, as follows:
PiQR~J1Y
Lot 6, Block C, Stevenson's Heights, O.R. Book 34,
Page 13, Public Records of Pinellas County, Florida ,
Together with abutting right-of-way along Stevenson's
Drive. (ANX 2002-09013)
Land Use GAt~9QI}'
Residential Low
Section 2. The City Commission does hereby certify that this ordinance is consistent
with the City's comprehensive plan.
~ection 3. This ordinance shall take effect immediately upon adoption, contingent ulDn
and subject to the adoption of Ordinance No. 7045-02, and subject to the approval of the land
use designation by the Pinellas County Board of County Commissioners, and subject to a
determination by the State of Florida, as appropriate, of compliance with the applicable
requirements of the Local Government Comprehensive Planning and Land Development
Regulation Act, pursuant to 9 163.3189, Florida Statutes.
PASSED ON FIRST READING
January 9, 2003
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Brian J. Aungst
Mayor-Commissioner
Attest:
Leslie K. Dougall-Sid s
Assistant City Attorney
Cynthia E. Goudeau
City Clerk
Ordinance No, 7046.03
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ENGMAN STREET
FUTURE LAND USE PLAN MAP
OWNERIS: Jacqueline L. Walters
SITE: 1607 Stevensons Drive
FROM:
TO:
ZONING
R.3/Counly
LMDR
LAND USE
RL
RL
~ "I.lIlI~t1..:Il,-I"""'!'''''_.' ,'{iB ,/....,.,,""11111\..'(..0,1".\(..1'" ~.....\:.iJJ(I.".IIJ
CASE: ANX 2002-09013
PROPERTY SIZE (ACRES): 0,18
R.O.W. SIZE (ACRES): 0,08
PIN: 10/29/15/85446/003/0060
ATLAS PAGE: 269B
OJ~PIN~NQJ~NQ. 7Q4?~O_~
Second Reading
G
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
AMENDING THE ZONING ATLAS OF THE CITY BY ZONING
CERTAIN REAL PROPERTY LOCATED ON THE NORTH SIDE
OF STEVENSON'S DRIVE, APPROXIMATELY 90 FEET WEST OF
STOCKTON DRIVE, CONSISTING OF LOT 6, BLOCK C,
STEVENSON'S HEIGHTS, TOGETHER WITH ABUTTING RIGHT-
OF-WAY ALONG STEVENSON'S DRIVE, WHOSE POST OFFICE
ADDRESS IS 1607 STEVENSON'S DRIVE, UPON ANNEXATION
INTO THE CITY OF CLEARWATER, AS LOW MEDIUM DENSITY
RESIDENTIAL (LMDR); PROVIDING AN EFFECTlVE 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:
Sec~i(m J. 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:
Er.Qper1Y
Lot 6, Block C Stevenson's Heights
OR. Book 34, Page 13, Public Records
Pinellas County, Florida, together with
Abutting right-of-way along Stevenson's
Drive, (ANX 2002-09013)
ZpoiogJ2tstrict
Low Medium Density Residential (LMDR)
$~_ction 2. The C:ty Engineer is directed to revise the zoring atlas of the City in
accordance with the foregoing amendment.
$?_ction~. This ordinance shall take effect immediately upon adoption, contingent upon
and subject to the adoption of Ordinance No. 7045-02,
PASSED ON FIRST READING
January 9, 2003
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Brian J, Aungst
Mayor-Commissioner
Approved as to form:
lip" -;//2 -(lJJ./!.
Leslie K. Dougall.ST~-
Assistant City Attorney
Attest:
Cynthia E. Goudeau
City Clerk
Orcllllcmce No. 7047-03
- -IPROPERTY SIZE (ACRES): 0.18
___~OW S!~E_~A9RES): .08____
LAND USE
Residential Low
Residential Low
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OWNER: Jacqueline L. Walters
SITE:
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FROM:
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R.3/County
LMDR
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CASE: ANX 2002- 09013
PIN: 10/29/15/85446/003/006
^ TLAS 269B
PAGE:
Ordintlnce No. 7047-03
ORDINANCE NO. 7048-03
Second Reading
/:7
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
ANNEXING CERTAIN REAL PROPERTY LOCATED ON THE
NORTH SIDE OF STATE STREET, APPROXIMATELY 650 FEET
EAST OF BETTY LANE AND 640 FEET NORTH OF SUNSET
POINT ROAD, CONSISTING OF THE SOUTH\AEST CORNER OF
LOT 10, E,A. MARSHALL'S SUBDIVISION WHOSE POST OFFICE
ADDRESS IS 1370 STATE 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 appltable
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 Clearwate-
and the boundary lines of the City are redefined accordingly:
See legal description attached
(ANX 2002-09014)
Section 2. The provisions of this ordinance are found and determined to be consistent
with the City of Clearwater Comprehensive Plan. Tt'E City Commission hereby accepts the
dedication of all easements, parks, rights-of-way and other dedications to the public, which have
heretofore been made by plat, deed or user within the annexed property, The City Engineer, the
City Clerk and the Planning 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 ordirance. 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 afer
adoption.
PASSED ON FIRST READING
January 9. 2003
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Brian J. Aungst
Mayor-Commissioner
Approved as to form:
y /
Vr.~;; K j'z jn, ,..(/}- Q.~
(eslie K. Dougall-Sid~
Assistant City Attorney
Attest:
Cynthia E. Goudeau
City Clerk
Ordinance No, 7048-03
Legal Description
ANX 2002-09014
Beginning at the southwest comer of Lot 10 of E.A. Marshall' s Subdivision of the east ~ of the
northeast X of Section 3, Township 29 South, Range 15 East, Pinellas County, Florida, and run
thence east 20 feet for a point of beginning, thence east 130 feet, thence north90 feet, thence
west 130 feet, thence south 90 feet to the point of beginning.
Ordinance No, 7048-03
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PROPOSED ANNEXA TION
Ido and Daphna Fischler CASE: ANX 2002- 09014
1370 State Street ___=-~_~E-RT'~ SIZE _(AC~ES): -_~,27-==
R-~~~~~ty Reslde~t~~Dl~:E Medium -nIN~~~/_~~/1:~:,~:~~~~_~!0~~_~
MDR Residential low Medium ATLAS 2519
PAGE:
OWNER:
SITE:
FROM:
TO:
Exhibit A
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Ordinance No. 7048-03
QKQl~ANCE NO. 7Q,4~::p3
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
AMENDING THE FUTURE LAND USE PLAN ELEMENT OF THE
COMPREHENSIVE PLAN OF THE CITY, TO DESIGNATE THE
LAND USE FOR CERTAIN REAL PROPERTY LOCATED ON THE
NORTH SIDE OF STATE STREET, APPROXIMATELY 650 FEET
EAST OF BETTY LANE AND 640 FEET NORTH OF SUNSET
POINT ROAD, CONSISTING OF THE SOUTHWEST CORNER OF
LOT 10, E.A. MARSHALL'S SUBDIVISION, WHOSE POST
OFFICE ADDRESS IS 1370 STATE STREET, UPON
ANNEXATION INTO THE CITY OF CLEARWP.TER, AS
RESIDENTIAL LOW MEDIUM; PROVIDING AN EFFECTIVE
DATE.
Second Reading
/8
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 C~y'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 L5e category for the hereinafter described
property, upon annexation into the City of Clearwater, as follows:
ProQerty
See legal description attached
(ANX 2002-09014)
Land Use CateQory
Residential Low Medium
Section 2. The City Commission does hereby certify that this ordinance is consistent
with the City's comprehensive plan.
Section 3. This ordinance shall take effect immediately upon adoption, contingent upon
and subject to the adoption of Ordinance No. 7048-02, and subject to the approval of the land
use designation by the Pine lias County Board of County Commissioners, and subject to a
determination by the State of Florida, as appropriate, of compliance with the applicable
requirements of the Local Government Comprehensive Planning and Land Development
Regulation Act, pursuant to 9 163,3189, Florida Statutes.
PASSED ON FIRST READING
January 9, 2003
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Brian J. Aungst
Mayor-Commissioner
Appro ed as to form: '.
/ '
Attest:
Cynthia E. Goudeau
City Clerk
Ordinance No, 7049-03
Legal Description
ANX 2002-09014
Beginning at the southwest corner of Lot 10 of E.A. Marshall' s
Subdivision of the east ~ of the northeast X of Section 3, Township
29 South, Range 15 East, Pinellas County, Florida, and run thence
east 20 feet for a point of beginning, th81ce east 130 feet, thence
north 90 feet, thence west 130 feet, thence south 90 feet to the point
of beginning.
Ordinance No. 7049-03
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OWNER/S: Ido & Daphna Fischler
SITE: 1370 State Street
ZONING
R-4/County
MDR
CASE: ANX2002-09014
PROPERTY SIZE (ACRES): 0,27
FROM:
TO:
LAND USE
Residential Low M'J1.1ium
Residential Lcw Medium
PIN: 03'29/15/555,18/00010102
ATLAS PAGE: 2518
, "., 'I; I ": Jl.... . I II 11 \"'lI \.' . . \ J" \lq.. ", \ ,1'"1" .. . . \ "" .. ,', . "'~ 11.. \'. \,
Onlin.ll1Cl' :\0. 7n,~q-03
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19
PRmNAN_CE1'!O. 7Q~0-=-0_~
Second Reading
AN ORDINANCE OF THE CITY OF CLEARWATER. FLORIDA,
AMENDING THE ZONING ATLAS OF THE CITY BY ZONING
CERTAIN REAL PROPERTY LOCATED ON THE NORTH SIDE
OF STATE STREET, APPROXIMATELY 650 FEET EAST OF
BETTY LANE AND 640 FEET NORTH OF SUNSET POINT ROAD,
CONSISTING OF SOUTHWEST CORNER OF LOT 10, E,A.
MARSHALL'S SUBDIVISION, WHOSE POST OFFICE ADDRESS
IS 1370 STATE STREET, UPON ANNEXATION INTO THE CITY
OF CLEARWATER, AS MEDIUM DENSITY RESIDENTIAL (MDR );
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:
$.~GtLQrL1. 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:
proQe!1Y
Z_q-':JingJ2L~rict
See legal description attached
(ANX 2002-09014)
Medium Density Residential
Section 2. The City Engineer is directed to revise the zoning atlas of the City in
accordance with the foregoing amendment.
Segion 3. This ordinance shall take effect immediately upon adoption, contingent upon
and subject to the adoption of Ordinance No. 7048-02.
PASSED ON FIRST READING
January 9, 2003
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Brian J. Aungst
Mayor-Commissioner
Approved as to form:
Attest:
7
Leslie K. Dougall-Sid s
Assistant City Attorney
Cynthia E. Goudeau
City Clerk
Ordinance No 7050-03
Legal Description
ANX 2002-09014
Beginning at the southwest corner of Lot 10 of E,A. Marshall' s Subdivision of the east % of the
northeast Y4 of Section 3, Township 29 South. Range 15 East, Pinellas County, Floida, and run
thence east 20 feet for a point of beginning. thence east 130 feet, thence north 90 feet, thence
west 130 feet, thence south 90 feet to the point of beginning.
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ZONING MAP
OWNER:
!do and Daphna Fischler
__ _J
" ALPINE
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ALPINE
ROAD
CONDO.
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SITE:
1370 State Street
ZONING
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MDR
CASE: ANX 2002-09014
--- EROPERTY SIZE (ACRES): ~.2~_,
--LAND USE --l~N: 03/29/15/55548/000/0102
Residential Low Medium _______________'_
Residential Low Medium ATLAS 2518
PAGE:
FROM:
TO:
Ordinance No. 7050-03
,10
Second Reading
ORDINANCE NO. 7051-03
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 EAST SIDE OF SOUTH FORT HARRISON
AVENUE AND THE SOUTH SIDE OF PINELLAS STREET,
APPROXIMATELY 620 FEET NORTH OF LAKEVIEW ROAD,
CONSISTING OF PORTIONS OF POMS PARK, PETZOLD GULF
VIEW, AND AC. TURNER'S ADDITION TO MILTON PARK
SUBDIVISION, AS WELL AS PARCEL 11/03 AND 11/04 WHOSE
POST OFFICE ADDRESS IS 1285 SOUTH FORT HARRISON
AND 609 PINELLAS STREET, FROM INDUSTRIAL LIMITED TO
INSTITUTIONAL; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the amendment to the future land use plan element of the comprehensive
plan of the City as set forth in this ordinance is found to be reasonable, proper and appropriate,
and is consistent with the City's comprehensive plan; now, therefore,
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. The future land use plan element of the comprehensive plan of the City of
Clearwater is amended by designating the land use category for the hereinafter described
property as follows:
Property
Land Use CategQ[Y
See legal description attached
(LUZ 2002-09008)
From: Industrial Limited
To: Institutional
Section 2. The City Commission does hereby certify that this ordinance is consistent
with the City's comprehensive plan.
Section 3. This ordinance shall take effect immediately upon adoption, subject to the
approval of the land use designation by the Pinellas County Board of County Commissioners,
and subject to a determination by the State of Florida, as appropriate, of compliance with the
applicable requirements of the Local Government Comprehensive Planning and Land
Development Regulation Act, pursuant to 9 163.3189, Florida Statutes. The Community
Development Coordinator is authorized to transmit to the Pinellas County Planning Council an
application to amend the Countywide Plan in order to achieve consistency with the Future Land
Use Plan Element of the City's Comprehensive Plan as amended by this ordinance.
PASSED ON FIRST READING
January 9. 2003
Ordinance No, 7051-03
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Approved as to form:
Brian J. Aungst
Mayor-Commissioner
Attest:
Cynthia E. Goudeau
City Clerk
2
Ordinance No, 7051-03
Legal Description for LUZ 2002-09008
609 Pinellas Street
That portion of Poms Park, a subdivision recorded in Plat Sook 6, page 17 of the Public
Records of Pinellas County, Florida, described as follows: from the Northwest corner of
the Northeast ~ of Section 21, Township 29 South, Range 15 East, thence South 660
feet; thence North 89006'45" East, 433.78 feet; thence South 00045'45" West, 30 feet
for POS, thence continue South 00045'45" West 237.12 feet, thence North 89007'15"
East 150.38 feet along the Northerly boundary of Tuscawilla Street, thence North
87032'15" West, 243.4 feet, thence South 89006'45" West, 93.68 feet along the
Southerly boundary of Pinellas Street to the POS, together with whatever rights or
interest grantor may have in the lands formerly located in Tuscawilla Street and
conveyed by the City of Clearwater to the abutting property owners on said street, when
said street was abandoned.
3
Ordinance No. 7051-03
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From-RICHARDS GI~~EY lTTYS
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EXilIBIT' '1.\'"
1-785 ? 04104 HA4
'11"t.L..L..n::i I,.\,JWN IT t \..~, ,
Lr F ,REC ,1:;< \059B PO 1248
~;'~;::t.L I:
e~~IW'ING AT THE SOUT~::ST CORIIEIl OF" THE ~IORTHE:'AST OUARTER (NE 1/4) OF' THE NORTHEAST QlJARlr'
i".~_1/4) OF SECTION HrtliTY'Ot~E.' (~\), TOI'l't,SHIP r;."ENTY-NtNE (29) SOUTH, RANGE flf'HEIJ (15) EA:lTf
"'~,I~LLt.S COUllTY, fLORIDA., RUN tlO'lTH TwO HUt,DRED IEtl (210) FEET, THl::t1CE EAST TwO HUNDRED 1E~'
~:IO) rEETi THENCE SOUTH TwO HUNDRED TEN (210) FEt:TI lHE/lCf: ~'(ST TWO HUNOHED TEN (210) FEE1 l
-..;I/,T OF' BEGINNING, EXCEPT ANY PORi ION OF THE AGOVE DESCRII3EO PREMISES NOW USED FOR PUBll
S1REEl PURPOSES,
p~nC:EL I I i
lGTS I, 2, ~ Nm II, OF' GULf' VIEW SUBDIVISION PROPERTY OF' R, PETZOLD. ACCORDING 'TO THE PIAl ~(J
T'<':i:RECF RECORDI:O IN PLAT BOOt< 5. PAGE 36, OF THE PUBLIC RECORDS OF' Plt~ELl.l\S COUNTY. FLORln.^.,' ;r
,
LESS AIiO EXCEP1 THAT PART T~REDF' DESCRIBI::O AS fOLLOWS:
A POllilON OF LOTS I. 2 AllO .- GULF VIEW SUBDIVISION. PROPERTY OF H, PElZOLD. AS RECORDED IN PLAi
ec,.JI'< ~. PAGE 36. OF,THE PUBLIC AECORDS Of PII1ELLAS COUNTY, FLORIDA, DESCRIBED AS FOLLOWS:
...
CCJ,'.~t~Cltl(j IlT THE SOUTlN."E6T COR~IER Of' lHE t~OR'PIE.AGT 1/4 or THE NORTHEAST 1/4 OF' SECTION 2\
TO"'NSHIP 2S SOUTH. RANGE 15 EAST, Pllir,LLAS tou/ny, FI.O~IOAi PROCEED S U9a3~' 24"E.. ~o,oo FEd
TC 1t~ EAST AIGH1.OF~""AY LINE OF SOUTH reAl HARRISON: THENCE N OO'IO'II"E.. 271,85 FEET TO lllE
PO'tn OF BEGIN"IING: THENCE CONTINUE N.bO',o' II"E.; 100.00 n:n TO THE NO~TH BOUNDARY OF' 5410
(jL~F ViE',\' SUBOiw'1510tii rHENCE 6,!.Ll'~3'24.':., 130,:)0 riEl A"ONi. SAiC NORTK BOutlD~AYi
ThENCE 5,00' to'I'"\I{, .100,000 FEET: TtlE[CE tL69'~!'2'1.W,. l~v.OO I:EEl ',0 THE: POINT OF' BE:GIt/lJING,
p':'GeEL ..'..':
A P~RCEl OF' LAND C~lPRISe:O Of' THE rOLL WING:
I
lOTS I, 2. ~, 1. :) "NO 6. SLOCK A ANO ALL OF BLOCK 8. A C. TURNER'S ADOITION TO MillON PARl<. '
t.CCGRD I NG To THE PLAT tHEREOf' RECORDED IN PLAT BOOK 3. PAGE 6~. OF TI1E: PUEll Ie HECOROS OF' i;
f'/M:LLAS COUtHY. fLORIDA, TOGETHER WITH THE 60 rOOT UNNAMED 5TR~ET UH~'N ON SA,ID PLAT M-lICH 19'
eOL~,PEO ON THE SOUTH AND NOflTH DY THE SOU1H AND NORTH l.INES Of' 5AI0 BI,OC~9 A, ANn B, EXTENDED,
Arm THE 10 fOOT ALLt'Y' LYH~G EAST OF AND ADJOININC 'THE: EAST LIt-iE Of' SAIO Bl.OCK A, SAID STREET
I.I.D t.LLEY VACATED BY AESOLUTIO~ RECOIlDED MAY 9, 19Z2 IN DEEO 0001< 125, PAGE 207, Of' THE PUBLIC"~
RECCqOS OF PIHELLAS COUNTY. FLORIDA: '
J.LSO. TII:.T P,AflT OF' THE SOUTH ONE.1l1Lr OF' VACATEO TlJ5KAWILLA STOHT BOUNDED ON THE "'EST OY THE
EAST LINE Of' GUlf VIEYt 5UBOIVI810tL PROf'f,:~iY OF' R. PP20LD. AS RECORQED IN PLAT 600K 5. PAGE
!G. Of' 'THE PUBLIC RECOROS Of" PINELLAS coUtITV, f"LOFUDA, t.NQ 1l0UNDED ON THE tAli' fly THE WU1EFIl..Y
RIG~T-Or-WAY LINE OF' TH~ A,C.L, ~AILWAYl AS VACATED 0'1 RESOLUTION RECORDED IN OFfiCIAL RECORDS
BOO'; 2403, PAVE 61, or THE PUBLIC RECORDS Of fllNELLAS COUI1TY. FLORIDA:
TOGETHER WITtt A PORTION OF' 'HE sw 1/4 OF THE NE II" OF THE HE 1/4 OF SECTION 21. TOWfJSHIP29
SOUTH. HANGE I~ EAST. PlNtlLA5 COUNTY, FLORIOA:
ALL OF flA.IO PARCEL III BEING ~Rt: PARTICUlt.I1L'I' DESCRIBED AS F'OLLOWS:
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eEGIt;~JItIG AT A POINT ToHO HWiOREP TEN (2.101 fEET EASl OF' THE SOUTt-M'EST COONER OF' THE NORTHEAST
Que-RrER INE 1/") OF .IlE NORHlEAH QUARTER (HE 1/41 OF' titer ION Twwn-ONE t(1) TOWNSHIP 29
SOUTH. RMHiE 15 EAST, PINtLLAS COUNT~, FLORIDA: RUN THENCE NORTH TWO HUNDRED TEN (j!IO) FEET;
TtfEN:E EAST flflY-FOUFi (~.,) F'EEli tlDRTH' ONE HUNDRED SIXT1'-FIVE {1651 rEET TO THE NORTH LINE or
T~ SOUlH ONE-HALf Of VACATED lUSKAWILLt STREETI THENCE EAST TliREE HUNDREO FOlJlHEEN AND EIGHT
om:-tIUNORE01Hn (3'''.08) FEET. ~RE OR L 5S, '1'0 TIlE WEST L.INE OF' lHE A.C,L. RAILWAY A/WI T~ENCE
SOU1~ASn:Rl, Y ALO~G THE RIW TO THE SOUTtI \.lIiE Of' THE NORTHEAST OUAF\TER (NE 1/4) OF THE
tmRll'1::AST OUMHER I THREE HUtroRED EIGHT. -FOUR AND ONE-FOURTH (~B". 'l51 nn; itiENCf: ~~!.}'O~~
HUHORCD SIXTY "NO lHIIITY.F1YE ONE HUNDRE01HS (46O,!!)) FEET. MORE: OR I r:'~C: Tn
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l:lITlIRE LAND llSE PLAN MAP
OWNERIS: MORTON PLANT HOSPITAL ASSOCIATION, INC
SITE: 1285 SOUTH FORT HARRISION AVENUE &
609 PINEllAS STREET
ZONING
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FROM:
TO:
lAND USE
INDUSTRIAL LIMITED
INSTITUTIONAL
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CASE: lUZ 2002-09008
PROPERTY SIZE (ACRES): 1.8
PIN: 21/29/15/34668/000/0010
21/29/15f75222/000/0003
ATLAS PAGE: 3058
O,-d i 11;;I1CC No. 705 L03
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08J~INAtiC_E_N_O. 7052-9.~
Second Reading
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AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
AMENDING THE ZONING ATLAS OF THE CITY BY REZONING
CERTAIN PROPERTY LOCATED ON THE EAST SIDE OF
SOUTH FORT HARRISON.AVENUE AND THE SOUTH SIDE OF
PINELLAS STREET, APPROXlrvtATEL Y 620 FEET NORTH OF
LAKEVIEW ROAD, CONSISTING OF PORTIONS OF POMS
PARK, PETZOLD GULF VIEW, AND AC. TURNER'S ADDITION
TO MILTON PARK SUBDIVISION, AS WELL AS PARCEL 11/03
AND 11/04, WHOSE POST OFFICE ADDRESS IS 1285 SOUTH
FORT HARRISON AND 609 PINELLAS STREET, FROM
INDUSTRIAL, RESEARCH & TECHNOLOGY TO INSTITUTIONAL;
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the amendment to the zoning atlas of the City as set forth in this ordinance is
found to be reasonable, proper and appropriate, and is consistent wih the City's Comprehensive
Plan; now, therefore,
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. The following described property in Clearwater, Florida, is hereby rezoned, and
the zoning atlas of the City is anended as follows:
prQP~l!Y.
~oningj)istrict
See legal description attached
From: Industrial, Research & Technology
(LUZ 2002-09008)
To:
Institutional
~ection 2, The City Engineer is directed to revise the zoning atlas of the City in
accordance with the foregoing amendment.
Section 3. This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING
January 9, 2003
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Brian J. Aungst
Mayor-Commissioner
Approved as to form:
Attest:
Cynthia E. Goudeau
City Clerk
Ordinance No, 7052-03
)-
Legal Description for LUZ 2002-09008
That portion of Poms Park, a subdivision recorded in Plat Book 6, page 17 of the Public
Records of Pinellas County, Florida, described as follows: from the Northwest corner of
the Northeast ~ of Section 21, Township 29 South, Range 15 East, thence South 660
feet; thence North 89006'45" East, 433.78 feet; thence South 00045'45" West, 30 feet
for POB, thence continue South 00045'45" West 237.12 feet, thence North 89007' 15"
East 150.38 feet along the Northerly boundary of Tuscawilla Street, thence North
87032'15" West, 243.4 feet, thence South 89006'45" West, 93.68 feet along the
Southerly boundary of Pinellas Street to the POB, together with whatever rights or
interest grantor may have in the lands formerly located in Tuscawilla Street and
conveyed by the City of Clearwater to the abutting property owners on said street, when
said street was abandoned.
Ordinance No, 7052-03
GCI-\9-99 IQ:OS Frc~-RICHARDS GILKEY lTTYS
l'AKCt:.L I:
727-4~S-H~1
E:O!I3IT 1\\".
T-785 P 0~/04 F-24~
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Lrr,REC.BK 10598 PO 1248
BEG I Wi I NG AT THE SOUHfWt:ST CORHE'F~ OF' THE NORTIiE'AST QUARTER (tiE 1/4) OF' THE NORTlIEASl QUAfnE~
P,E 1/41 OF SECTION HtNTY-ONE"{~I), TOWl'iSHIP Tv.'ENrY-~j1NE: 129) SOUTH. RANGE rlfTEE~J 1151 EAST:
PltIELLt.,5 COUllTY, fLORIDA, RUN NORTH T~O HUNORED lEtl (2101 F~ET, THENCE EAST TwO HU~\ORED 'lEf"
(210) tEETj THENCE SOUTH TWO HUNDRED TEN 12101 HETI THENCE Yl'EST TWO HUNOHED TEN (210) FEEl l
POINT or BEGINNING. EXCEPT ANY PORTION OF TliE ADOVE OESCRIOEO PREMISES NOW USED FOR ~UDLI
S1REEl PURPOSES, .
PAnC:EL IIi
LOTS I, 2, ! MID 4, OF GULF' VIE'N 5UElDIVI510'~ PROPERTY OF' IL PETZO'..O, ACCORDING TO THE PI.AT ~~
TtrEREOF RECORDED IN PLAT BOOK :Sf PAGE 36. OF THE PUBLIC RECOROS Of Plt~ELLf\5 COUNTY, f'LORtnA, :f
,
LESS AlIO EICCEPl TliAT PART T~REOF' DESCRIBED AS FOLLOWS:
A POrnIO~1 OF LOTS 1,2 MiD" GULF VIEW SUBOIVISION. PROPERTy OF R. PEHOLD. AS RECORDED IN fiLA'
BOOK ~. PAGE !6, Of', THE PUBL I C RECORDS Of PI NELLAS COUNTY, fLOR I OA, OEseR I DED AS fOLLOWS:
...
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CC>>.t.fE:NCIUG AT THE !lOUTtN.'E6i COR~IJ:R OF THE UORl'HEAST '/4 OF' THE NORTHEAST 1/4 OF S~CTl(lN ~I,
TOtl'r-lSHIP 2~ soum, RANG~ 15 EAST. f'INE,LLAS caUIIH, Fl.ORIDA; PROCEED S09"3~' 24"(.. ~o,oo FEET
TO TtlE EAST RIGH1-Of.~A,( LINE OF' SOUTH FORT HARRISON; THENCE N 00'10' J I"E.. 271.85 FEET TO 'UiE
POINT OF BEGINNING: THENCE CONTINUE fLOO'IO'lI"E.; 100,00 HET TO THE NOFlTH BOUNOARY or SAID
GL'l.F ViE'X SUBOir'ISIONI 'rHENCE 6.::::.J'!3'24"':., IJO.:JO riEl Ai.o,W, u:a NORTH BQutIOAAY.
H/E:tJCE 3.00'IO'II"W"IOO.QOO n:ETj TtlE[C.E tL89'33'2<1'W.. l~v.OO n:ET ',0 THE: POINT OF' 8EGINt~IN[J.
PARCEl ~1~11
A PARCE:L OF LAt~D c:a.4PRI SEO Of' 'THE tOLL WING:
LOTS I, 2. ~, 1. 0 AND 6, BLOCK A AND ALL OF BLOCK B, A,C. TURNER'S AOnlTION TO MILTON PARK, .
ACCORDING To THE PLAT TH~REOf=' RECORDED IN PLAT BOOK ~, PAGE 6~, OF' THE PUBLIC RECORDS Of '.
"'NELLAS COUtHY, fLORIDA, TOGETHER WITH THE 60 fOOT UNNAMED STR~ET IiH:>wN ON SAID PLAT M1/CH 19'
aOllNOED ON THE SOUTH AND N~lH OY THE SOUTti AND HORTH LINES OF SAID BI.oct<S A AND a, EXTENDED,
ANn THE 10 rOOT ALLEY Ll'lNG EAST OF AND AOJOINltiG lHE EAST LI~iE or SAID BLOCK A, SAID STREET
At/O ALLEY VACAlEC BY RESOLUT I ON RECO~DED t.tAY 9, 19ZZ IN DeED OooK 12S. PAG~ 207. or TilE PUOL I C : ",
RECORDS OF PINELLAS COUNTY, rLOAtpA:
ALSO. TIlAT P!oRT OF' tHE SOUTH Ot-lE-HALf Of VACATED TlJSKAWILLA STREET BOUNDED ON THE "''EST 0"( TIlf:
EAST LINE Of GULF VIE'" SUBOIVIBlotL PROPf:~TY OF' R, P~TZOl.D, AS RECORDED IN PLAT aOOK 5. PAGE
36, OF 'THE PUBLIC RE.COROS Of' PII'iELLAS COUNTY. flORIDA, AND BOUNDED ON THE l:A61 fH THE WE6TERI..Y
RIGHT-Of-WAY LINE Of THI': A.C:.~. I'lAILWf\Y, AS VACATED DY RESOLUTION PECORDEO It~ OFfICIAL RECORDS
BOOK f403. PAGE 61 I OF THE PUBLIC RECOROS Of PINELLAS COUNTY, FLORIDA:
TOGETHER WITH A PORTION Of THE SW 1/4 or THE: Nf: II" OF' THE HE 1/4 Of' SECTION 21, TOlll'NSHII'Z9
SOUlI!. HANGE I~ EAST, PIHtLLAS COUNTY. FLORI[lA:
ALL Of e~lo PARCEL I I I BEING MORE PARTICULARLY DESCRIBEO AS fOLLOWS I
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QEGINNI~IC; AT A POINT TWO HUNDRED TEN (2~10\ FEET EAST OF' THE SOUTI-fWE'ST C~Ne:R or THE NOfHHEt.S'T
QuaRTER ItJE 1/.1\ OF .HE NORTHUaT QUt.RTER :HE 1/~1 Or HeTloN TWENT'l-ONE (el) TOV,'NSHIP 29
SOUTH, RAtHiE I' EAST. PINtLLAS COUNT~, FLORIDA: RUN THENCE NORTH TWO HUNDRED lEN I~IOI FEn:
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ZONING MAP
OWNER: Morton Plant Hospital Association, Inc. CASE: LUZ 2002-09008
SITE.12S-S Sout'h Fort Harrlslo~A~enu;-& ---r-p-RO~ERTY S'Z~-(ACR-~S):--1~8---------'-'-----
. 609 Pinellas Street I '
'-------Z ONING ---------CM.fouse------'---- -'--:21-T29T15/34 668/000/0010
IRT INDUSTRIAL LIMITED ,,~_I~. _?_1!291J~'-!~~,~?iO_O,~/O~~~'_
I INSTITUTIONAL ATLAS 3058
PAGE:
FROM:
TO:
Ordinance No. 7052-03
ORDINANCE NO. 7053-03
Second Reading
AN ORDINANCE OF THE CITY OF CLEARWATER. FLORIDA
ANNEXING CERTAIN REAL PROPERTY LOCATED 950 FEET
SOUTH OF DREW STREET AND 690 FEET WEST OF
MCMULLEN BOOTH ROAD, CONSISTING OF METES AND
BOUNDS 22/06. 22/05, AND 22/09, WHOSE POST OFFICE
ADDRESS IS 3025 CLEVELAND STREET, 3032 EASTWOOD
STREET, AND 3036 EASTWOOD STREET, INTO THE
CORPORATE LIMITS OF THE CITY, AND REDEFINING THE
BOUNDARY LINES OF THE CITY TO INCLUDE SAID ADDITION:
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the owner of the real property described herein and depicted on the map
attached hereto as Exhibit A has petitioned the City of Clearwater to annex the property into the
City pursuant to Section 171,044, Florida Statutes, and the City has complied with all applicable
requirements of Florida law in connection with this ordinance; now, therefore,
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1, The following-described property is hereby annexed into the City of Clearwater
and the boundary lines of the City are redefined accordingly:
See attached legal description
(ANX 2002-09015)
Section 2. The provisions of this ordinance are found and determined to be consistent
with the City of Clearwater Comprehensive Plan, The City Commission hereby accepts the
dedication of all easements, parks, rights-of-way and other dedications to the public, which have
heretofore been made by plat, deed or user within the annexed property. The City Engineer, the
City Clerk and the Planning 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
January 9, 2003
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Brian J. Aungst
Mayor-Commissioner
Attest:
Cynthia E. Goudeau
City Clerk
Ordinance No, 7053-03
<f-.
Legal Description for
ANX 2002-09015
Commence. at the northeast corner of the south ~ of the southwest 'XI of the northwest 'XI of the
northwest X of Section 16, Township 29 South, Range 16 East, Pine lias County, Florida and run
N.89028'36"W" along the north boundary line of the south ~ of the southwest X of the northwest
X of the northwest X of said Section 16, 115.01 feet for a Point of Beginning; thence
S.00037'06''W., 142.11 feet; thence N,89028'36"W., 35.00 feet; thence S.00037'06''W., 98.07 feet:
thence N.89028'34"W" 155.97 feet; thence N.00036'37''W., 240.18 feet; thence S.89028'36"E.,
191.00 feet to the Point of Beginning. Less and except the East 65 feet of the West 191 feet of
the East 306 feet of the North 142 feet of the South ~ of the Southwest ~ of the Northwest X of
Northwest X of Section 16, Township 29 South, Range 16 East, Pinellas County, Florida.
Containing 0.76 acres more or less.
Revised Per TLM 01/02/03
Legal description taken from L1overas, Baur & Stevens Cleveland Street Parcel Survey dated
9/5/02.
Job No. 29509.
Ordinance No. 7053-03
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OWNER: First Baptist Church of Clearwater, Inc. j
_3,.3J Gle_'Le~nQ S_tLe_eJ____,_ __u _____ CASE: ANX 2002- 09015
SIT E: _~_~_~~__i~3~o~~~,a~~~; ~,~ d_S, t r_e_e,t_~ 0 PER T Y -S-IZE-CA C R-E 8,-:"'-'--0:9-7-'-- ---- ,
ZONING LAND usE"-----'----' --- __m - ____,,"_.'_'_n.__
R- 2/County RU PIN: See Abovo
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I I ATLAS 292^
PAGE:
FROM:
TO:
Ordinance No. 7053-03
,
ITEM # ~3
'! "]
. \:-;.
Second Reading
ORDINANCE NO. 7054-03
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
AND DESIGNATING INITIAL LAND USE CATEGORY FOR
ANNEXED PROPERTY LOCATED 410 FEET SOUTH OF DREW
STREET AND 520 FEET WEST OF MCMULLEN BOOTH ROAD.
CONSISTING OF CHESAPEAKE VILLAS AND METES AND
BOUNDS 22/02, 22/05, 22/06/ 22/08, AND 22/09. WHOSE POST
OFFICE ADDRESS IS 10 EAST MEADOWLARK LANE, 3001-
3062 CHESAPEAKE STREET, 3025 CLEVELAND STREET,
3039 CLEVELAND STREET, 3032 EASTWOOD STREET, AND
3036 EASTWOOD STREET, FROM RESIDENTIAL URBAN AND
RESIDENTIAL LOW MEDIUM TO INSTITUTIONAL AND INITIAL
DESIGNATION OF ANNEXED PROPERTY AS INSTITUTIONAL;
PROVIDING AN EFFECTIVE DATE,
WHEREAS, the amendment to the future land use plan element of the comprehensive
plan of the City as set forth in this ordinance is found to be reasonable, proper and appropriate,
and is consistent with the City's comprehensive plan; now, therefore,
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY
OF CLEARWATER, FLORIDA:
Section 1. The future land use plan element of the comprehensive plan of the City of
Clearwater is amended by designating the land use category for the hereinafter described
property as follows:
Property
Land Use Cateqory
See attached Legal Description
From: Residential Urban and
Residential Low Medium
To: Institutional
(LUZ 2002-09009)
Section 2. The City Commission does hereby certify that this ordinance is consistent
with the City's comprehensive plan.
Section 3, This ordinance shall take effect immediately upon adoption, subject to the
approval of the land use designation by the Pinellas County Board of County Commissioners,
and subject to a determination by the State of Florida, as appropriate, of compliance with the
applicable requirements of the Local Government Comprehensive Planning and Land
Development Regulation Act, pursuant to ~ 163.3189, Florida Statutes. The Community
Development Coordinator is authorized to transmit to the Pinellas County Planning Council an
application to amend the Countywide Plan in order to achieve consistency with the Future Land
Use Plan Element of the City's Comprehensive Plan as amended by this ordinance,
Ordinance No, 7054-03
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Approved as to form:
Leslie K, Dougall-Sid s
Assistant City Attorney
Brian J. Aungst
Mayor-Commissioner
Attest:
Cynthia E. Goudeau
City Clerk
2
Ordinance No. 7054-03
Legal Description for
LUZ 2002-09009
Commence at the northeast corner of the south 1,0 of the southwest ~ d the northwest Y., of the
northwest Yo, of Section 16. Township 29 South, Range 16 East, Pinellas County, Florida and run
N,89028'36"W., along the north boundary line of the south ~ of the southwest y.\ of the northwest
Yo, of the northwest Yo, of said Section 16.115.01 feet for a Point of Beginning; thence
S,0003T06''W,, 142,11 feet; thence N,89'28'36"W., 35,00 feet; thence S,OO'3T06"W,. 98,07 feet;
thence N,89028'34"W" 155,97 feet; thence N,OO'36'37"W" 240,18 feet; thence S,89)28'36"E"
191.00 feet to the Point of Beginning,
Containing 0.974 acres more or less,
Legal description taken from L1overas, Baur & Stevens Cleveland Street Parcel dated 9/5/02.
Job No. 29509.
Together with:
Commence at the northwest corner of Section 16, Township 29 South, Range 16East, Pinellas
County, Florida and go SOCY'36'37"W" 821,63 feet, along the west boundary of the northwest X of
said Section 16- the centerline of Bayview Avenue- County Road No, 61; thence S.89'28'37"E.,
40,00 feet, to a point on the east right-of-way line of Bayview Avenue - County Road No. 61 for a
Point of Beginning; thence S89'28'37"E.. 514.70 feet, along a line 4,00 feet north of and parallel to
the north boundary of the south ~ (S,1/2) of the north ~ (N,1/2) of the southwest ~ of the
northwest Yo, of the northwest ~ of said Section 16; thence S,OO'36'37"W., 169.12 feet; thence
N.89028'36"W., 191.66 feet; thence S.00'36'37"W" 330,25 feet to a point on the north right-of-way
line of Virginia Avenue, according to the Plat of Bay View City Subdivision asrecorded in Plat Book
9, Page 43 of the Public Records of Pinellas County, Florida; thence N.89'28'34"W" 330,04 feet,
along said north right-of-way line of Virginia Avenue to a point of intersection with the east right-of-
way line of Bayview Avenue - County Road No, 61; thence N.OO'36'37"E., along said east right-of-
way line, 330.25 feet; thence S.89"28'36"E" 7.00 feet; thence N,OO'36'37E" along said easterly
right-of-way line, 169.12 feet to the Point of Beginning,
Containing 4.501 acres, more or less.
Legal description taken from L1overas, Baur & Stevens Mobile Home Park Parcel Survey dated
8/11/02. Job No. 29509.
Together with:
Lots 1, 2, 3, and 4, Block A, and Lots 1, 2, 3, and 4, Block B, Chesapeake Villas, according to the
plat thereof recorded in Plat Book 70, Page 42, Public Records of Pinellas County, Florida.
Legal description taken from L10veras Chesapeake Villas Parcel Survey dated 9/9/02. Job No.
29509.
3
Ordinance No 7054-03
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FUTURE LAND USE PLAN MAP
QWNER/S: First Baptist Church of Clearwater, Inc.
SITE: 10 Meadow Lark Ln.; 3001-3062 Chesapeake St.
3025 & 3039 Cleveland St.; 3036 & 3032 Eastwood St.
ZONING LAND USE
FROM: R-2/County. MHP & LMDR RLM & RU
TO: I I
S \ Pl..mll"'~ llt'p.u htH'nt\C [) H\ AfU'UTlflO'\(".a\.(" ,\hp'- \1 Ul.~OO~.(N\k~
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PIN: 16129116/00000/220/0200
16/29/16/15074/001/lml0
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16/29/16/00000/220/0600
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Ili/29/16/ooo001220/0900
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CASE: LUZ2002-09009
PROPERTY SIZE (ACRES): 9.22
PIN: See Above
ATLAS PAGE: 292A
Ordinance No. 7054-03
)~'
ORDINANCE NO. 7055-03
Second Reading
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
AMENDING THE ZONING ATLAS OF THE CITY BY REZONING
CERTAIN PROPERTY AND DESIGNATING INITIAL ZONING
FOR ANNEXED PROPERTY LOCATED 410 FEET SOUTH OF
DREW STREET AND 520 FEET WEST OF MCMULLEN BOOTH
ROAD, CONSISTING OF CHESAPEAKE VILLAS AND METES
AND BOUNDS 22/02, 22/05, 22/06, 22/08, AND 22/09, WHOSE
POST OFFICE ADDRESS IS 10 EAST MEADOWLARK LANE,
3001-3062 CHESAPEAKE STREET, 3025 CLEVELAND STREET,
3039 CLEVELAND STREET, 3032 EASTWOOD STREET, AND
3036 EASTWOOD STREET, FROM MOBILE HOME PARK (MHP)
AND LOW MEDIUM DENSITY (LMDR) TO INSTITUTIONAL (I)
AND INITIAL ZONING OF ANNEXED PROPERTY AS
INSTITUTIONAL; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the amendment to the zoning atlas of the City as set forth in this ordinance is
found to be reasonable, proper and appropriate, and is consistent with the City's Comprehensive
Plan; now, therefore,
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. The following described property in Clearwater, Florida, is hereby rezoned, and
the zoning atlas of the City is amended as follows:
Property
Zoninq District
See attached Legal Description
(LUZ 2002-09009)
From: Mobile Home Park (MHP) and
Low Medium Density (LMDR)
To: Institutional (I)
Section 2. The City Engineer is directed to revise the zoning atlas of the City in
accordance with the foregoing amendment.
Section 3. This ordinance shall take effect immediately upon adoption, subject to the
approval of the land use designation set forth in Ordinance 7054-03 by the Pinellas County Board
of County Commissioners, and subject to a determination by the State of Florida, as appropriate,
of compliance with the applicable requirements of the Local Government Comprehensive
Planning and Land Development Regulation Act, pursuant to 9163.3189, Florida Statutes.
PASSED ON FIRST READING
Janurlry q, 7nn3
Ordinance No, 7055-03
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Approved as to form:
Leslie K, Dougall-Side
Assistant City Attorney
Brian J. Aungst
Mayor-Commissioner
Attest:
Cynthia E. Goudeau
City Clerk
Ordinance No,7055-03
~,
Legal Description for
LUZ 2002-09009
Commence at the northeast corner of the south % of the southwest % of the northwest y"
of the northwest y" of Section 16, Township 29 South, Range 16 East. Pinellas County,
Florida and run N,89028'36"W., along the north boundary line of the south Y2 of the
southwest % of the northwest y" of the northwest y" of said Section 16, 115.01 feet for a
Point of Beginning: thence S,00037'06''W., 142.11 feet; thence N.89028'36"W., 35.00 feet;
thence S,00037'06''W., 98.07 feet; thence N.89028'34"W., 155.97 feet; thence
N.00036'37''W., 240,18 feet; thence S.89028'36"E., 191.00 feet to the Point of Beginning.
Containing 0.974 acres more or less.
Legal description taken from L1overas, Baur & Stevens Cleveland Street Parcel dated
9/5/02,
Job No. 29509.
Together with:
Commence at the northwest corner of Section 16, Township 29 South, Range 16 East,
Pinellas County, Florida and go SOoo36'37"W., 821.63 feet, along the west boundary of
the northwest y" of said Section 16 - the centerline of Bayview Avenue - County Road
No. 61; thence S.89028'37"E., 40.00 feet, to a point on the east right-of-way line of
Bayview Avenue - County Road No, 61 for a Point of Beginning; thence S89028'37"E.,
514.70 feet, along a line 4.00 feet north of and parallel to the north boundary of the south
~ (S.1/2) of the north ~ (N.1/2) of the southwest y" of the northwest % of the northwest y"
of said Section 16; thence S.00036'37''W., 169.12 feet; thence N.89028'36"W" 191.66
feet; thence S.00036'37''W.. 330.25 feet to a point on the north right-of-way line of Virginia
Avenue, according to the Plat of Bay View City Subdivision as recorded in Plat Book 9,
Page 43 of the Public Records of Pinellas County, Florida; thence N.89028'34"W" 330.04
feet, along said north right-of-way line of Virginia Avenue to a point of intersection with the
east right-of-way line of Bayview Avenue - County Road No. 61; thence N,00036'37"E.,
along said east right-of-way line, 330.25 feet; thence S.89028'36"E., 7.00 feet; thence
N.00036'37E., along said easterly right-of-way line, 169.12 feet to the Point of Beginning,
Containing 4.501 acres, more or less.
Legal description taken from L1overas, Baur & Stevens Mobile Home Park Parcel Survey
dated 8/11/02. Job No. 29509.
Together with:
Ordinance No 7055-03
Lots 1, 2, 3, and 4, Block A, and Lots 1, 2, 3, and 4, Block B, Chesapeake Villas,
according to the plat thereof recorded in Plat Book 70, Page 42, Public Records of
Pinellas County, Florida,
Legal description taken from L10veras Chesapeake Villas Parcel Survey dated 9/9/02.
Job No. 29509.
Ordinance No.7055-03
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CASE: LUZ 2002- 09009
16/29/16/00000/220/0200 -
16/29/16/15(; 7 4/002/0010
16/29/16/15014/001/0010
16/29/16/00000/220/0500
16/29/16/00000/220/0600
16/29/16/00000/220/0900
16/29/16/00000/220/0800
-A-TLASPAGE: 292A
SIZE
9.221 PIN:
Ordin:lllCC No. 7055-03
lS'
Second Reading
ORDINANCE NO. 7061 ~03
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, VACATING THE 10-FOOT DRAINAGE AND
UTILITY EASEMENT LYING WITHIN THE NORTHERLY 18
FEET OF LOT 83, COUNTRYSIDE TRACT 58, LESS AND
EXCEPT THE WEST 10 FEET THEREOF, TOGETHER
WITH THE 1 a-FOOT DRAINAGE AND UTILITY EASEMENT
PORTION LOCATED IN A VACATED PORTION OF
CLOUDVIEW DRIVE; PROVIDING AN EFFECTIVE DATE.
WHEREAS, Sotirios and Darlene R. Agelatos, owner of real property located in the
City of Clearwater, has requested that the City vacate the drainage and utility easement
depicted in Exhibit A attached hereto; and
WHEREAS, the City Commission finds that said easement is not necessary for
municipal use and it is deemed to be to the best interest of the City and the general public
that the same be vacated; now, therefore,
BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF CLEARWATER, FLORIDA:
Section 1, The following:
the 1 a-foot drainage and utility easement lying within the Northerly 18 feet
of Lot 83, Countryside Tract 58, as recorded in Plat Book 80, Pages 30 and
31 of the Official Records of Pinellas County, Florida, less and except the
West 10 feet thereof, together with the 10-foot drainage and utility
easement portion located in a vacated portion of Cloudview Drive described
as beginning at the Northeast corner of said Lot 83 for a point of beginning,
thence Northwesterly along the arc of a curve concave to the Southwest
and having a radius of 25.00 feet and a central angle of 530 06' 55", an arc
length of 23,18 feet, and a chord bearing of N 2r aT 00" W, for 23.18 feet,
thence NOOo 33' 32" W, 49.84 feet, thence S 890 55' 27" E, a distance of
10.00 feet, thence S 000 33' 32" E, 69,73 feet to the point of beginning.
is hereby vacated, and the City of Clearwater releases all of its rights in the servitude as
described above to the owner of the servient estate thereto.
Section 2. The City Clerk shall record this ordinance in the public records of
Pinellas County, Florida, following adoption.
Section 3. This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING
January 9, 2003
Ordinance No, 7061-03
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Approved as to form:
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.-Bry~<<D. Ruff / /
Assistant City Attorney
Brian J. Aungst
Mayor-Commissioner
Attest:
Cynthia E. Goudeau
City Clerk
2
Ordinance No. 7061-03
EXHIBIT "A"
N. 18J of lot 83
Vacation Requested
BY-ARQ/ican t
83 f:4
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CITY OF CLEARWATER, FLORIDA
PUBLIC WORKS ADMINISTRATION
ENGINEERING
AGELATOS VA~OO~-14
VACA nON REOUEST MIl
10' DRAIN. & unL. ESMTS. 2 Of II
a. 'I[ !let - TWW'-tINO
12/13/2002 LOT 8.3 COUNmYSlDE m. 58 17-211S-16E
176A & VAC, CLOUDVlEW DR, R!W 7~
c.A'" IV
O,K1NG
CMDlUI IT
5,0,
ORDINANCE NO. 7062-03
'" f..:,
Second Reading
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
RELATING TO RECLAIMED WATER RATES; AMENDING,
APPENDIX A, CHAPTER XXV, SCHEDULE OF FEES, RATES
AND CHARGES, SECTION 3 (F) RECLAIMED WATER RATES,
CODE OF ORDINANCES; PROVIDING FOR FEES FOR
COMMERCIAL PROPERTIES WITH MORE THAN ONE WATER
ACCOUNT WHICH IRRIGATE USING ONE OR MORE
RECLAIMED WATER ACCOUNTS; PROVIDING AN
EFFECTIVE DATE,
WHEREAS, the City of Clearwater has agreed to amend and add certain section of
the Code of Ordinances relating to reclaimed water rates, as set forth in this Ordinance;
now, therefore,
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY
OF CLEARWATER, FLORIDA:
Section 1. Appendix A, Chapter XXV, Schedule of Fees, Rates and Charges,
Section 3(f) of the Code of Ordinances is hereby amended to read as follows
******
(f) Reclaimed water rates. The monthly rate for the use or availability of use of the
reclaimed water system shall be as follows:
~ Irrigation Use
Availability Consumption
Only
a. -1-:-
Single family, duplex or triplex $9.00 $6.00
(per domestic water account;
however, if a duplex or triplex has
separate domestic water accounts
for each dwelling unit, then the
appropriate charge shall be
divided equally among each account)
!2.:. 2-: Multi-family
9.00
0,30/
1,000
gals,
c. 3~ Commercial/industrial
1 a- Less than or equal to 2 acres 9.00
of pervious area.
6.00
Each
Service
Connection
$15.00
9.00 +
use
15.00
Ordinance No, 7062-01
ii b More than 2 acres of pervious 9.00
area or non-irrigation uses
metered
0.30/
1,000
gals
9,00 +
use
d,4:- Open Space (per acres of "previous
area," as defined in section 32.252)
13,77
2. B7 Non-irrigation use-metered, includes air -0-*
conditioning system coolant water
0.30/
1,000
gals
use
L Additional requirements. for a commercial property with more than one water
account. but irriqatinq under one or more reclaimed water accounts. the fees for
each reclaimed water connection will be as follows:
Availability only
59.00
Consumption
80,30/1,000 qals
Each service connection provided
59.00 + use
One availability fee shall be charqed to a property and not to each of the multiple
individual potable water accounts.
An example of this situation is when a commercial property has multiple stores,
etc,. as multiple individual accounts. and the property is mostly parkinq lot and
commercial space. The property owner irriqates or uses reclaimed water in
some manner, but at only one location at the property. The location utilizinq the
reclaimed waterwill be billed for availability & consumption. If another location on
that property needs a reclaimed water service connection. that account will be
billed accordinq to the schedule above.
*reclaimed available
Section 2. This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING
January 9, 2003
2
Ordinance No, 7062-03
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Approved as to form:
Leslie K. Dougall- Id s
Assistant City Attorney
BrianJ, Aungst
Mayor-Commissioner
Attest:
Cynthia E, Goudeau
City Clerk
3
Ordinance No. 7062-03
~I
Second Reading
ORDINANCE NO. 7075-03
AN ORDINANCE OF THE CITY OF CLEARWATER.
FLORIDA, AMENDING CHAPTER 22, SECTION 22.59,
CODE OF ORDINANCES, RELATING TO ALCOHOLIC
BEVERAGES, TO ADD NEW AREA AT WHICH
ALCOHOLIC BEVERAGES MAY BE SOLD AND
CONSUMED, PROVIDING AN EFFECTIVE DATE,
BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF CLEARWATER, FLORIDA:
Section 1, Section 22.59 is amended to read:
Sec. 22.59. Possession of alcoholic beverages.
No person shall sell, consume or have in his possession any alcoholic
beverage as defined in section 6.21 of any form on any park property. This
prohibition shall not apply to the Performing Arts Center and Theater, to the
Harborview Center, to any portion within a public building when rented to private
parties, or to Jack Russell Stadium, aRe to the Clearwater Country Club golf
course, and to the fenced in area at the Clearwater Community Sailinq Center,
when the sale or consumption of alcoholic beverages has been authorized by the
terms of any lease or other agreement approved by the city commission, or to
events held pursuant to an alcoholic beverage special event permit issued under
the provisions of sections 22.88 through 22.91.
Section 2. This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING
T:1nll:1ry q J ?nn1
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Brian J. Aungst
Mayor-Commissioner
Approved as to form:
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B,yaf)/D. Ruff ' /1,1
"'Assistant City Attorne J
Attest:
Cynthia E. Goudeau
City Clerk
Ordinilnce No, 7075-0.1
"
Second Reading
ORDINANCE NO. 7090-03
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
RELATING TO WASTEWATER COLLECTION; AMENDING SECTION
32.189, CODE OF ORDINANCES, REGULATING THE DISCHARGE
OF GREASE BY CERTAIN FOOD SERVICE FACILITIES INTO THE
WASTEWATER SYSTEM AND PROVIDING FOR ENFORCEMENT;
PROVIDING AN EFFECTIVE DATE,
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY
OF CLEARWATER, FLORIDA:
Section 1. Section 32.189, Code of Ordinances. City of Clearwater, is amended to
read as follows.
Sec. 32.189. Grease prevention program.
(1) Definitions, Unless a provision of this section explicitly states otherwise, the
following terms and phrases, as used in this section, shall have the meanings herein
and shall be supplemental to section 32.211 (4).
*
*
*
*
*
ill. Grease means a material either liquid or solid composed primarily of fat, oil and
qrease of animal or veqetable sources. The term "fats, oils and qrease (FOG)"
and "Oil and Grease (O&G)" are considered synonymous for the intent of this
ordinance,
i9..l Wastewater Facility (WWF) means any or all of the wastewater collection I
transmission system, treatment plant and process, and the reuse or disposal
system.
*
*
*
*
*
(3) Grease waste interceptor general requirements.
*
*
*
*
*
(b)
(i) Grease waste interceptor installation. Grease waste interceptor location, design
and sizing shall be based upon the requirements found in Rule-64-6-;O-1-3(-8h-~0rida
Administr-ative-Gode,as-amefldee4ffim-time-tG-time,aRd the plumbinq provisions of the
Florida Buildinq Code and implementinq administrative rules.
(ii) Existing food service facilities. Existing food service facilities that do not have
a grease waste interceptor shall install one-and a properly sized interceptor(s)
in accordance with the plumbinq provisions of the Florida Buildinq Code.
Ordinance No, 7090-03
Plumbinq connections shall be modifyied f3luAlGing-€GnneGtieHs to
accommodate the grease waste interceptor to comply with this section and
within 180 days from the effective date of this section, unless otherwise
directed by the administrator in writing.
(iii) Existing food service facilities that have a grease waste interceptor and are
not in compliance with this section shall be required to upgrade or replace the
existing grease waste interceptor in accordance with the Florida Plumbinq
code within 180 days of notification. aGGGffiing-tB4fHHequirBments-ef-trns
seetiGn7
(iifjilYl..New food service facilities. All new grease waste interceptors installed at
food service facilities shall be of the type and capacity required by the
plumbinq provisions of the Florida Buildinq code and approved by the
PI u m bin q Offi ci a I. sp€Gified-Gy-tfl6-i3lumeiflg-ef-firnaL
(-G):r-fle4GGd-ser-vise-faGility-shal l-ref3Gl1-fJumf3i Rg-asHvities-befGffi-t he-lGt h
da y-ef-the4GIIGwing-mentB-within-5-business-days-te-the-administr-atBr-en
the4er-m-se-design:3 ted-by-GleafWater-feF-5ueR-f)mpGses-:-
(4) Grease waste interceptor maintenance.
(a) A~I-f Eood service facilities with interceptors havinq a qreater than 20-
qallon capacity are required to utilize a giease waste hauler permitted by
Pinellas County, Florida to pump grease waste from the grease waste
interceptor. Any discharqe, overflow or spill that leaves the confines of the
qrease interceptor and or sanitary sewer as a result of improper maintenance
shall be classified as a "pass throuqh" as defined in section 32.211(4) and shall
result in a violation, subiect to appropriate penalties. in accordance with 32.219
c, d, h, until such a time that the situation has been corrected and clean up
process is underway. Furthermore, the business owner or desiqnee must notify
the Department of Business and Professional Requlations. Division of Hotels &
Restaurants, within 24 hours of incident at its current listed telephone number,
D2J. The food service facilit'! shall report pumpinq activities within 5 business
days to the administrator on the form so desiqnated bV Clearwater for
such purposes.
(fb) In-ground grease waste interceptors shall be monitored at a minimum
frequency of once for every 90 operational days to determine if the
standard is met. The schedule for pumping shall be established by the
administrator or-designee. A registered food service facility may file a
request for an alternate pumping frequency with the administrator OF
designee, Based on the results of the monitoring report and the deviation
from the standard, if any, the administrator er-desigflee-may adjust the
pumping frequency. If the standard is not met, an increased pumping
2
Ordinance No.7090-03
frequency shall be required. :r-Re-staAdard tRat-sRall-be-tJW~G-feF
iAGr-ease~tlm~~Gtes--i&-etltHAed-tA-{41ffi1-ef-tRf&-seetiGA-:-
(ge) +he administrator may require that, at the food service facility's
expense, appropriate monitoring facilities, such as a control manhole, be
insta lied. -MeAitori ng faGtIiHes-mtlst-Oe-safe-aAG-aGGessiele-at-aH-tfmes-roF
eeseFVatiG~nspectioA,Sampl8-BGHeGHoo-aAEi-ftew-measHf8ment of the
feed serviGe-faGtH~iSGR~e-tG-tAe-wastewatBr-Gellectio n system--ffi
aGG9f4aAce with the provisi~s--seGtiell~
(ge) Grease waste interceptor cleaning and maintenance shall include
pumping the grease waste interceptor until empty, and cleaning the side
walls, baffle walls, cross-pipes and inlet and outlet pipes. +.Re6e-f}$es
Internal pipinq shall be immediately restored to their original design
configuration should any damage occur. GevefS-GA-iAlet-aRd exit P$es
sRaU-Be-fAstalled. The grease 'Naste iAteFGef*eF-aFea-SRatl be maiAtaffieG
fr-ee-aflG-Gleaf-Gf-Gebfis-aAG-accessible-tG-tRe admiAistr-atef:- If multiple
grease waste interceptors are installed, all traps in the series must be
pumped according to the maintenance schedule,
(fe) No emulsifiers, grease cutters or other chemicals, which could cause
grease to pass through the grease waste interceptor may be used in the
maintenance of a grease waste interceptor or its drain lines. A live
bacterial product, which does not contain any enzymes, surfactants,
emulsifiers, or substances that act as solvents for fat and does not affect
the wastewater collection system may be used in the cleaning and
maintenance, upon approval by the administrator and based on
formulation and operational criteria such as material safety data sheets.
(g:-?) Grease interceptors must be pumped out completelv and left empty.
Decantinq or pump and return of qrease waste are prohibited unless all of
the followinq are satisfied: '
i) The Qrease waste hauler's truck is specifically desiqned for this
purpose.
ii) The Hauler has written authorization from the food service facility,
iii) A City of Clearwater official has inspected the individual truck, the truck
discharqe sampled and the administrator qives approval. The samplinq
shall be analyzed by Clearwater at the hauler's expense and shall meet
the followinq parameters: BOD < 250 mq/l. TSS < 50 mQ/1. and Oil and
Grease < 35 mq/l.
iv) When operatinQ an approved Qrease waste vehicle shall wait at least
20 minutes from end of pump out to allow the interceptor waste to
separate in the truck tank before returninQ qray water.
Qecanting or backflushing of grease waste is prohieited unless-tRe
9rease waste hauler's trucks are specifiGaUy.4esi9ned foF-tRis-ptlfPe~
:r-he trucks must be inspected;-a~ar-ge-sampleG. :r.ne
sampHR9-Shall be aAalyzed by CleafWater at the-flatlleFs-expeA&e-aflG
3
Ordinance No.7090-03
shall meet the fenG~afameter-&;-8GQ-~-2,50,mgll;-TSS-~O-mgl-h-clRG
GH-aAd Grease <-: 35 mIl.
(h€}) In-ground grease waste interceptors shall be pumped at a frequency that
maintains a grease and oil layer of less than six inches on top of the
grease waste interceptor and a solids layer of less than eight inches on
bottom of the grease waste interceptor. The measurement point for
determination of the grease and solids layer shall be adjacent to the outlet
pipe.
(i) Undersink grease waste interceptors shall be GleaAeG-at-a-minimum-ef
monitored bv the food service facilitv at least once per week,er-mere
eften as necessary to prevent pass through-Gf-grease-and-ether-feea
smids into the wastewater collection system. Removal of qrease waste
and sediments is required when operational capacity is reduced to 80% or
less. This is calculated bv the volume of the top (Qrease) layer added to
the volume of the bottom (sediment) laver, the sum of the lavers are
divided bV the total operational volume - HTop in3 + Bottom in3)/ total
operational in31.
U) The food service facility shall be responsible for opening access covers or
manhole covers to the grease waste interceptor for inspection by
Clearwater. If a problem is discovered, the food-sefViGe-facility-manager
~I notify tho administrator, ^ maintenanco respeRse-ta-the
administrator by the m::lI1ager of the food serAGe-facility-is-required within
five days of the discovery.
ill The grease waste interceptor area and monitorinq facilities shtllL bg
maintained safe, clear of debris. and accessible at all times for
observation. inspection, sample collection and flow measurenlenl.9J.Jhq
food service facilitv's discharqe to the wastewater collection sY1ll9.ill..L
.m Manholes shall be maintained at least to finish qrade and will be
maintained to prevent inflow,
(m) Upon discovery of a problem or damaqed interceptor, the food service
facilitv manaqer shall notify the Administrator within 72 hours of the
discovery. A maintenance response bv the food service facilitv is required
within five days.
4
Ordinance No,7090-03
(5) Food service facility identification.
(a) It is unlawful for any food service facility that qenerates qrease or
produces producing grease waste to discharge gf8aS€-W8Ste same into
Clearwater's wastewater facilities without authorization from the
admi n is tmtor.
*
*
*
(6) Grease waste intorceptor monitoring and reporting
(a) Pumpage from a grease waste interceptor shall be tracked by a
manifest that confirms pumping, hauling and disposal of waste. The
manifest sholl contain the following information:
Grease waste interceptor information:
*
*
*
Volume pumped and interceptor capacity
*
*
*
Grease waste hauler information:
*
*
*
Volume-pumped-Pinellas County Permit #
Qate-and-time-of..pumping
*
*
*
.
*
Truck decal Pine lias county issue
Destination information disposal site or facilities:
*
*
*
*
Volume received treated
*
*
*
*
*
GRver-name,Signature of operator verifying disposal site and
facility information.
(b) A log of pumping and maintenance activities shall be maintained by the food
service facility manager for the previous 12 months. The log of pumping activities
shall be posted in a conspicuous location for immediate access by Clearwater
5
Ordinance NO.7090-03
personnel. The log shall include the date, time, maintenance performed or
volume pumped, grease-waste-hauler~ name of person performin!:l the
maintenance (hauler, plumber or vendor), and Pinellas County decal number
applicable to all work performed to the interceptor or associated plumbin!:l. name
and-liGen se-number-a nc4Jr-ease-waste-hauler..!.s-signature-:-T-he-date,time-ane-t-he
Gompany-p mviding-t he-ser-viBe-of-all-gr-ease-waste-jntemeptor-maintena nGe
aGt iv it ies-sha II-be-logged-in-a-bound-logbook-t hat-shall-be-made-ava ilable-for
review-by-GleafWater
*
*
'0\'
Section 2. This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING
Jamwry 9. 2003
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Brian J. Aungst
Mayor-Commissioner
Approved as to form:
Attest:
Leslie K. Dougall- i es
Assistant City Attorney
Cynthia E. Goudeau
City Clerk
6
Ordinance No.7090-03
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Clearwater City Commission
Agenda Cover Memorandum
Findl .-\genda Item;
E: vI If :;0 J
J(,
"Feting Datp:
1/23/03
SU B JECT/RECOMMEN DATION:
Authorize the City of Clearwilter to enter into an Agreement with the Housing Finance Authority of Pinellas
County, whereby the City will provide up to a maximum of $100,000 in State Housing Initiatives Partnership
(SHIP) funds for low-income households going through the" Housing Finance Authority of Pinellas County - SHIP
Assisted Loan Program".
~ dnd th,ll tht> dppropriiltP nific.idls bP iluthorizf-d to pxpcutp samp.
SUMMARY:
The SHIP funds will be used by the Housing Finance Authority of Pinellas County to reduce the interest rate on
Single Family Bond issues in 2003 for loans issued within the city limits of Clearwater. The Bond program is
popular with low-income homebuyers because it provides a lower interest rate and is typically combined with
down payment and closing costs assistance through jurisdictions in which the property is purchased. The SHIP
Assisted loans will be for households earning 65% or less of Area Median Income.
PCHFA has already utilized $70,000 in City SHIP funding during 2002 calendar year. Based upon the number of
household's that have been assisted to date, the PCHFA has indicated that there is a large demand for assistance
within the City limits.
The SHIP funds will be provided to the PCHFA at a 0% interest rate and will be combined with other funding from
the County, and other participating jurisdictions to allow the County to offer a lower interest rate ~han would have
been provided if the SHIP funds were not used. The SHIP funds will help create a lower "blended" interest rate
on the bond issues,
Reviewed by: /--'\
Legal ~/~,21
Budget \.)
Purchasing ~
Risk Mgmt NA
Info Tech
NA
Originating Dc~uJO
Eco. Development lTlousing
User Dept.
\\L
Costs
$100,000
Total
Public Works
DCtvVACM
Other
Funding Source:
~~
CtlplidllmprO'-t-mrnt
Attachments:
Op('folllfl~
OtlllY
Submitted by: """D. a. J~
Cit Mana cr r;MAI
o None
Appropriation Code:
191-0000-128165-000-000
Rev. 2/98
.
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CITY OF CLEARWATER
SPECIFIC PERFORMANCE AGREEMENT
THIS :\GREEi\IE:\T, (":\gr~ell1~nt" ll1ade and L'l1lcrcd lI1tll this day of
2()()2, by and bet\\'c~n City llf (:Icarwatcr, haying ib principal ot"lin' .ll 112 ()Sc~( lla :\ YCnUl', (:Il'arwatcr, FI( lrida
337S(J, a political subdi\'ision pf till' St:lll' pf Fl\lrida ("City"; and the II( 'llsing Fin;\lK~ :\uth(Jrity of I'inl'llas City
(",\uthority":" a public body cmpot':lll' and P( ,litir, org:\l11i'l'd and l':\lsting undl'!' Chaptcr I j<), Part 1\' (It" till'
Flmida Statut~s and Pincllas Cit\, Cpdl' S~ctipm 2-3H(I:
WITNESSETH:
\X'HEREAS, thc City and th~ .\uthority rccognizl' thc nl'l.d to prO\'idc affordahle housing to low and
ll1111krate incom~. tirst time hOll1c buycrs through low illtl'l'l'st lo.1l1s and assistance with down paYll1cl1ls and
closing costs; and
\X'HEREAS, tl1L' ,\t1lhority plans to issuL' singll' tamily ll1png:\gl' 1'l,'\'cnU~ bonds inthl' y~ar 2(H13 for the
purposc of p\'(l\'iding affordabk ll1()rtg:\gl' n1< 1l1CY for low and ll1odl.t':\ll' incon1L' buyers; and
WHEREAS, till: City dL'sirl's t\l panicip:lll' by (olltributing Statc I\()using InitiatiyL's Partnership (SHIP)
funds to makc ayailabk lowL'r r:ll~S and assistanc~ to facilitate purclusL's by lowL'r income pl'1"SlJl1S in accordancc
with SH I P guidl'lin~s; and
\X'HEREAS, it is necessary for thc Citv and thc :\uthurit\, to entL'r llltO an :\gre~ment for the
implcll1cnt:llinn ()f said project.
NO\X', THEREFORE, in consideration of the mutual performance of the promises and cO\'<.:nams
contain<.:d hcr<.:in, the City and the :\lIthority agrce as follows:
A, SCOPE OF SERVICES
I. Upon apprO\'al by the City of the bond documcnts, incorporated herein by reference, the City will make a
lump sum paymcnt to th<.: :\uthority. Funds will be held by the Authority's Trustee for the purposes of
proyiding assistance to low and moderate income tirst time home buyers purchasing homes within the
City of Clearw:uer, as described in :\t tachll1el1l :\, "I-lousing Finance :\uthority of Pinellas Count)' S HI P-
:\ssisted Loan Program."
') The :\uthority will authorize its Trustee to use SH I P funds to purchase (lualified loans in accordance with
terms and conditions of the :\uthority's 2()D3 Seri<.:s ;\ and 2003 Series H bond documents, the language
of which is hereby incorporated by reference, and SH I P legislation.
3. To the extent that City's SH I P funds arc used by the Authority, City shall be entitled to repayment of the
SHIP funds as prO\"idcd for in the Trust Indenture, incorporated herein by reference, in conn<.:ction with
the :\uthority's single family mortgage revenue bonds, 2003 Series A and 2003 Series H, over the thirty
year life of the mortgage loan, unless repaid sooner, Payments shall be made in a lluarterly lump sum
pa:-'ment to City of Clear\\':ller, t 12 Osceola :\\"enue, Clear\\"ater, Florida 33756, Attention: SHIP Trust
Fund,
4. The scope of sl'l"\'ices outlined abm'e shall not be altered without written appro\';ll of the City,
B. FUNDING
1.
The City shall remit to the :\uthority One Hundred Thousand Dollars (S I UlI,l)(){I.OO) for service
performed under the terms of this :\greement for Series 2003A and Series 2003B. Payment of Fifty
Thousand Dollars (S5ll,nOO.OO) in a lump sum upon execution of this ,\greement for Series 20( 13:\, and
payment of Fifty Thousand Dollars (S50,llll\I.(IO) in a lump sum upon execution uf documents fur the
Series 20(l3B.
")
The source of funding from the City for paymem of sel'\,ices performed under this :\greement is a grant
provided (() the City by the State of Florida ("State"), The :\l1thority :1grees that in rhe e\'ent that the
grant is reduced or withhc:ld by thL' St:HL', rhe Ciry shall not bL' liable for payment of contracted sel"\'ices
remaining unfunded by said reduced or withheld grant, In rhe event that the State determines that the
:\mhority has not fulfilled irs oblig:1tions in :1ccordance with the relluiremelHs applicable to rhe graIH
and/or relluests reimbursement of expenses paid under this :\greement, the :\uthority shall prm'ide said
reimbursement wirhin rhirty (30) days of said notice from rhe Ciry,
C. MONITORING AND RECORD RETENTION
1.
Ciry shall ha\'e rhe right to monitor and e\'aluate all aspecrs of activities carried out by the Authoriry. Such
e\'aluarion will be effected by the submission of reports and information by rhe :\uthority and by
monitoring sire visirs by the Ciry.
')
:\11 records pertaining to this :\greemem, including bur nOllimited to tinancial, statistical, property and
programmatic records shall be retained for four (4) years from ending date of the City's fiscal year
(October I through September 30) in which this :\greemem is paid in full, expired, or terminated. All
records, however, that are subject to audit tindings shall be retained for four (4) years in the manner
prescribed above or until such audit lindings have been resolved, whichever is later, Nothing herein shall
be construed to allow destruction of records that may be relluired to be retained longer by the Stallltes of
the State of Florida.
3,
The :\uthority shall at any time during normal business hours and as often as the City and/ or officials
from the Florida I-lousing Finance Corporation and/ or any of their duly authorized representatives may
deem necessary make a\'ailable for examination all of [\uthority's records, books, documents, papers, and
data with respect 10 all mat'ers c()\'ered by this :\greement and shall permit the City and/ or its designated
authorized represeIHative to audit and examine all books, documelHs, papers, records and data related to
this AgreemeIH.
2
D. TERM OF AGREEl\lENT
I.
The term of perfonnance UI1\,\t:r thi~ .\greeml'llt for the expenditllt'e of SH I P fund~ a~ de~cribed in
Secti, ,n .\ abo\'L' ~hall be from the effecti\'e date of thi~ :\grecment through the origination period of the
2(l(1.) Serie~ .\ and 2llll.) Serie~ B program a~ ddined by the bond document~, or a~ may be l'xtended
undl'!' the conditions permitted by ~uch bond document~ (the "Origination Pt:rim!"),
..,
:\t the end of the Origination Period, SHIP fund~ not committed to SHIP a~sistt:d loans in tht: County
Program area by :\uthority or its participants ~hall bt: returned to the City. I-Iowevt:r, if the :\uthority
offer~ a third bond progcun in the year 2003, the City may indicatc in writing its desire to use remaining
SI-! I P funds and/ or City funds, if any, or additional SH I P funds and/ or City funds for participation in a
fllturl' bond program under this same agrcemcnt.
.).
The tt.:rm of pcrformance under this .\grl'cment for the sct"\'icing and monitoring of loan~ and rerurn of
SH I P funds to City shall cominue throughour the thiny year life of the morrgage loans or until all funds
han: been collectcd by the :\urhority or its agent~ and repaid to the City.
4,
In thl' C\'cnt of default, lack of compliance or failure to perform on the parr of :\uthority, the City
rl'sern:s thl' right to eXl'rcise corrective or remedial actions, to include, out not neces~arily be limited to
recjul'sting additional information from :\uthurity to determinc reasons for or extent of noncompliance or
lack of performancc; i~sue a writtcn warning ad\'ising :\uthority of dc:licienc~' and advising :\uthority that
more scrious sanctions may be taken if situat.ion is nor remedied; advise :\urhority to suspend, discontinue
or nor incur costs for activities in question; withhold paymcnt for services prO\'idcd; or ach'ise ,\urhority
to reimburse City for amount of costs incurred for any itcms determined ineligible.
J.
This :\greement may be terminated in whole or in pan for convenience by either parry upon 30 day
written nOli fication to the other and with the written conscnt of the other. Unless the action is challenged
within the 30 day period, consent shall be deemed granted. Termination for convenience shall nor apply
to pro\'isions in this :\greement that require compliance with laws, regulations or ordinances, records
retention or to the pro\'ision of se1'\'ice to low and moderate income persons or other specified
bencticiaries, and is subject to the following restrictions:
a) City shall not withdraw its commitment of SHIP funds and/or City funds at any time
during the Origination Period.
b) :\urhority shall monitor the use of and return City SH I P funds as specified herein.
E. INDEMNIFICATION
1. The :\uthoritT and the City shall only be liable for negligence under this I\greeml'nt to the extent
permirred by Chapter 768.28 of the Florida Statutl'S, as it may be amended from time to time. This
section shall not be const.rued as \vaiving allY defense ur limitation which either pan)' may ha\'e against
any claim or cause of action by any person not a pany to this Agreement.
') The City's consent and approval for the use of SHIP funds shall not be deemed to create any obligation
of the City under the bond documents.
3
F. REPORTING
\.
The :\urhority shall providl', or cause to be prO\'idl'd, m(lnthly n'P( IrtS to thl' Cit~. on thl' use of SH I P
funds during and at thl' l'nd of the :2lJ03 Snil's :\ and :21111,1 Sl'ril's B ()riginatioll l't:rinds.
..,
The :\uthority shall provide, or cause to be pr()\'ilkd. .1l1nual reports II) thl' CilY showing the currl'nt
status of the :2U03 Snies :\ and B bond progr;lms and the ;\nHHlIlll It" ~III P funds still to be returnl'd tu
City for thl' tl'rm of thl' agrl'l'ment.
."
:\uthority shall furnish City with ;\11 ;\Jditiunal infurnlati'ln. rl'curds. I'epurls and data as may be relluirl'd
by State of Florida or City pl'naining to mattl'rs of this ,\grl'l'ml'lll.
G. OTHER REQUIREMENTS
I. In carrying out this :\grl'eml'lll, the :\uthurity or any COlllractor shall not l'xclude from participation in,
deny bendlts to, or otherwise discriminate against, any persoll bl'cHlse of \':tCl', color, religion, sex, age,
national origin, family status or handicap.
') The :\uthority will carry out its acti\'ities under this :\grl'eml'nt in compliance with all statc laws and with
the SHIP program rule issued by the Florida Housing Finance Corporation, incorporated hercin by
reference, Further, the :\utharity will comply with all terms of the City's I.ocal SHI P I-lousing Assistance
Plan and other City rl'quireml'llls. The l\uthority will pn)\'ide the City with the opportunity to re\,icw all
program descriptions, bond documents and other pl:ninent docllmelHauon prior to the commitment of
funds in order to protcCt the City's intcrests and to confirm compliance with the abO\'c state and local
n:llulremen ts.
3. Thc :\uthority shall not assign any intercst in this Agreemcnt or otherwise transfer interest in this
Agreement without :>l1bmitcing said proposed assignment or transfer to the City and without the prior
wrillen approval of the City of the proposed assignment or transfer. :\11 rClluirements of this l\greemcnt
shall be applicable to any subcontracts or other agreements entered into under this :\greemenr and it shall
be Authority's responsibility to ensure that all recjuirements arc included in said subcontracts or
assignments and all assignees or transferees abide by said requirements.
4. No forbearance on the pan of either pany shall constitute a waiver of any item recluiring performance by
the othcr pany hereunder. A \Vai\'t~r by one parry of the other party's performance shall not constitute a
waiver of any subsequent performance required by such other party, No waiver shall be valid unless it is
in writing and signed by authorized representatives of both parties.
J. Any news releasc or other type of publicity pertaining to this Project must rccogntze the City of
Clearwater and the SHIP program as sponsors.
6, Should any scction or any part of any section of this l\greel11ent be rendered void, invalid or
unenforceable by any court oflaw, for any reason, such a dctermination shall not render void, invalid, or
uncnforceablc any othcr section or any part of any section in this Agreement.
4
The laws of the State of Florida shall govern this contract.
IN W'ITNESS WHEREOF, the parries hereto han caused these presents to be execllted, the day and
\"\.::11' firs! above written.
Sign:
('); ( . ,r (1 /)
,-,il ,: I ~ I., /e !~i_ C I {;<-...r
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:\ TIEST:
Prim:
Sign:
Prim:
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:\ TIEST:
CITY OF CLEAR\,\':\TER
Print:
Cynthia E. Goudeau
City Clerk
By:
William B. Horne, II
Title: City Manager
Si~,!n:
'-'
Sign:
Print:
Countersigned:
Brian J. Aungst, Mayor-Commissioner
Approved as to form:
5
STATE OF FLORIDA
COUNTY OF PINELLAS
If ,)h, { I
The foregoing ins trument was acknowledged before me this __ day of J " ( ((. 1.( ,~(c
, 20112, by
Rodnl'Y Fischer. as Chairman oi the I-lousing Finance :\uthnrity oi Pinellas COUI1lY, a Florida public body
corporate and politic, on behali of the :\utlwrit\,.
He is personall\' known to me or has produced
--~-
as identification and appeared before ml' at the time of notarization.
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Ni>tar\' Public
~
CHE RYL A, DE COU
t,IY CCW.IISSION ~ 00 139061
E~;:I"ES, August 9, 2006
<"""....: ".., 'i~\ary Pull''' UnoGMm8f1
,
(~)L-'
STATE OF FLORIDA
COUNTY OF PINELLAS
The foregoing instrumcnt was acknowledged before mc this
day of
,2002, by
, as oi the City of Clearwater. Florida on
behalf of the Cit\,. I-Ie/She is personally known to me or has produced as
idemification and appcared before me at the time of notarization,
Notary Public
6
ATTACHMENT "A"
HOUSING FINANCE AUTHORITY OF PINELLAS
COUNTY, FLORIDA
Single Family Housing Revenue Bonds
(Multi-County Program)
$20,000,000 2003 Series A (AMT)
SHIP ASSISTED LOAN
PROGRAM
..--."
SU1\IMARY OF "SHIP ASSISTED LOAN" PROGRA;\1
HOUSING FINANCE AUTHORITY OF PINELLAS COUNTY. FLORIDA
Single Family Housing Rcvenuc Bonds
Program
Objectil'es
Description of
~fortgage Loa"
Programs
Jurisdictions
J>articipatulgul
SHIJ> Pilot
Description of
SHIJ> Assisted
J>i/ot Program
and Funding
Sources
A[ortgage Rate
and Homebuyer
J>oints
Mortgage Loan
Terms
Master Servicer
Commencing in February, 2003,* the Housing Finance Authority of
Pinellas County (the "Authority") will make available 520,000,000 of its
long ternl Homcowncr Revcnue Bonds (the "Bonds") to fund GNMA and
Fannie Mae certificates back cd by FHA, VA, USDA Rural Developmcnt
and Conventional mortgagcs undcr threc Mortgage Loan program options.
The Bond Program allows homebuyers to choose bctwccn four Mortgage
Loan options: (a) "Low Rate" option with points payablc at closing, (b)
"Assisted Loan" option with a 4% cash assistance paymcnt paid to the
homebuyer at closing, (c) "Rehab Assisted Loan" option with a 5% cash
assistance paymcnt, and (d) "SHIP Assistcd Loan" option also with a 5%
cash assistance payment paid to the homebuyer. The SHIP Assistcd Loan
option combines the 5% homebuyer cash assistance payment with a
reduced mortgage rate and is restricted to low and moderate income
homebuyers as described below. For either the Assisted or SHIP Assisted
loan options, the cash assistance payment must be applied to a portion of a
homebuyer's down payment and/or closing costs.
Pine lIas County, Pasco County, the City of Clearwater and the City of St
Petersburg are expected to participate in the SHIP Assisted Loan program
by contributing State of Florida SHIP monies.
The principal portion of Guaranteed Mortgage Securities comprised of
SHIP Assisted Loans will be purchased with 10.4%* SHIP funds and
89.6%* from proceeds of the Authority's Bonds. Authority monies or bond
premium will be applied to fund homebuyer assistance payments in the
amount of 5% of the SHIP Assisted Loan. The 'mortgage note intercst rate
for SHIP Assisted Loans is 0.70%* less than the mortgage note rate for
Assisted Loans.
The three loan options are offered to eligible homebuyers under the rates
and terms (mortgage rates may be modified after bonds are issued by the
Authority if the market interest rates changes significantly):
All Mortgage Loans will be fully amortizing over a 30-year term and have
level monthly debt service payments.
The Leader Mortgage Company serves as "Master Servicer" for the
Program.
*Prelil1linary - Subject to challge.
Page 1
. "
Lellder
Comm ilmelll
alld Origillatioll
Periods
IVarellOuse alld
Delil'etJI Period
SHIP FUlIds
Com ",ilmellt
Period
Advertising of
SHIP Funds
Availability
SHIP Assisted
I"come Limits
SHIP Area of
Operatioll
SHIP Assisted
Loall
Origillatioll
The Authority has establishcd the pcriod for making Mortgage Loan
commitments ("the Commitment Period") and the period for the f\'1astcr
Serviccr's purchase of Mortgage Loans (the Origination Pcriod"). The
initial Origination and Commitmcnt Period for lendcrs will commence in
February, 2003* and will end in Scptember, 2003* (this date may be
extended by the Authority).
The period for the Master Scrviccr to dclivcry Guarantccd Mortgagc
Sccuritics comprised of Mortgage Loans to the Trustce will commcnce on
or about April 15, 2003* and cnd on or about October 15,2003.* At thc end
of the Delivery Pcriod, thc Authority, at its option, may extend the Delivery
Period, subject to the requiremcnts of the Trust Indenture for the Bonds.
Participating Jurisdictions arc rcquired to advance their SHIP monies to thc
Authority prior to or upon the issuance of the Bonds. SHIP monies will
remain available to be used in connection with the purchase o~ Guaranteed
Securities comprised of SHIP Assisted Loans by the Master Servicer
through the end of the Delivery Period. At the end of the Delivery Period
Participating Jurisdictions, at their option, may extend the commitment of
SHIP funds or may accept repayment of any unused SHIP monies.
The Authority will advertise availability of the SHIP Assisted Loan
program (including an estimate of the interest rate and maximum assistance
payment for homebuyer closing costs) at least 30 days prior to the program
start date.
The SHIP Assisted Loans will be made available on a first-come, first-
served basis to eligible home buyers with incomes equal to or less than 65%
of the median income. In computing eligibility for SHIP Assisted Loans,
household incomes shall be adjusted by family size (except for SHIP
Assisted Loans originated in Targeted Areas, where the Bond program
maximum incomes and other requirements. will apply to the extent
pem1itted by SHIP regulations). .
SHIP Assisted Loans will be available solely for home buyers purchasing
eligible Residences located in Pinellas and Pasco Counties with sales prices
equal to or less than ccrtain maximum sales price limits described herein.
.."" -"
Participating Lenders will be responsible for obtaining and verifying
homebuyer eligibility infom1ation, including income and asset certifications
and any other information required for SHIP program reporting (e.g.,
household characteristics as required by the FloridrA Housing Finance
Agency SHIP Annual Report Fom1 One, date-stamped income verifications
for each adult member of the household, etc.).
*PrelimillOlJI - Subject to clrange.
Page 2
. .
Compliance
Rel'ieJV &
Reporting
SHIP Recipient
Files
Loa"
SecuritizatiOll
and Fu"ding
Security for
SHIP FUllds
Structure of
BOlld Issue alld
Reimbursemellt
of SHIP FUllds
The Mastcr Scrviccr will rcview compliance certificate information and
other program documcntation containcd in loan files prior to purchasing
SHIP Assistcd Loans from Lcnders. Participating Jurisdictions will be
provided with wcckly rcports during the loan origination pcriod listing
SHIP Assistcd Loans closed in thcir jurisdiction. At the end of the
origination period, a final rcport will be provided to cach Participating
Jurisdiction listing homebuyers selccting SHIP Assisted Loans, the amount
of SHIP funds expend cd and any reasonable additional information rcquired
SHIP annual reporting and record kccping.
Program Mortgage Loan files, including filcs for SHIP Assisted Loans, will
be maintained in safekecping by the Master Serviccr.
SHIP Assisted Loans will be purchased from Lenders by the Master
Servicer at a price set to allow the Lender to eam an origination profit not
greater than 1.50% (or the lender profit specified in Mortgage Purchase
Agreements). The Master Servicer will pool and securitize SHIP Assisted
loans in GNMA Mortgage Backed Securities and assign the securities to
the Trustee.
First mortgages, including the 10.4% portion funded with SHIP monies,
will be guaranteed by GNMA or Fannie Mae. Closing cost assistance
payments funded with Authority monies will be provided as grants to
eligible SHIP Assisted homebuyers and require no repayment thereof.
The bond program will be structured such that mortgage and other revenues
will exceed the minimum amount required to pay semi-annual interest and
scheduled bond maturities resulting in surplus revenues (the "Surplus
Pledged Receipts"). Initially, Surplus Pledged Receipts will be applied to
redeem certain Bonds Outstanding resulting over time in an increase in the
ratio of assets (Guaranteed Mortgage Securities) to liabilities (Bonds
. Outstanding). When the asset/liability ratio meets the minimum coverage
ratio established by the rating agency (104~) and after certain other
requirements of the Indenture have been met, additional Surplus Pledged
Receipts will become available to the Authority on a semi-annual basis.
The Authority agrees to repay each Participating Jurisdiction over the life of
the program, pursuant to the SHIP Agreement, for the principal amount of
SHIP monies contributed to the Program from Surplus Pledged Receipts it
receives from the Trustee. The Authority may, at its discretion, elect to
repay SHIP funds earlier.
... .*
*PreU",inary - Subject to cha"ge.
Page 3
ITEM # 3'
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Clearwater City Comnlission
Agenda Cover Memorandum
Worksession Item #: _ EN I
'j ,
Final Agenda Item #~) I
Meeting Date: January 23,
~OO:3
SUBJECT/RECOMMENDATION: Request for authority to settle the workers' compensation
claim of Claimant, Ronnie White, in its entirety to include medical, indemnity and attorney fees
for the sum of $30,000. Additionally the City of Clearwater will waive entitlement to any lien it
may have as a result of any third party claim the Claimant may have resulting from this
accident.
~ and that the appropriate officials be authorized to execute same.
SUMMARY:
· On 11/27/01, Claimant, a solid waste employee for the City of Clearwater, slipped while
attempting to empty a garbage container, when he sustained injuries to his right hip,
knee, ankle and back. The Claimant eventually had low back surgery(lumbar fusion).
His knee injury may require surgery in the future.
· The Claimant, as a result of his work related injuries, sustained a 120/0 permanent
impairment with permanent physical restrictions regarding bending stooping and lifting.
· This settlement is recommended as being in the best interest of the City of Clearwater
by the City of Clearwater's Claims Committee, the City of Clearwater's Risk
Management Division, and the City's outside counsel, Mark Hungate.
Reviewed by:
Legal ~
Budget ~-;',_
Purchasing N1A
Risk Mgmt9'...v'"
.9.rMJlnating Dept~l
Info Srvc N1A fJJtn1Risk (P Pos~
Public wor/1rkA User Dept.
DCMlACM
Other Attachments
Costs:
Total
$30,000
Submitted by: -n.,~ ~
City Manager ~ ~
X None
Funding Source:
Current FY $30,000 CI
OP
Other CIF
Appropriation Code: 590-07000-545800-519-000
Rev. 2198
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Clearwater City Commission
Agenda Cover Memorandum
Worksession Item #:
t-i (c
Final Agenda Item #
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Meeting Date:
1/23/03
SUBJECT/RECOMMENDA TION:
Approve a line of credit with the Clearwater Community Sailing Association tJ'om the General Fund for up to
$50,000 with interest at approximately the cash pool earnings rate (to be determined by the Finance Director) to
be used only to pay salaries, such loan to be repaid to the City by the end of the initial three year term which
expires September 30, 2005,
o and that the appropriate officials be authorized to execute same,
SUMMARY:
· The Commission approved the initial three year tenn of the Clearwater Community Sailing Center Management
Agreement at the July 18, 2002 Commission meeting, Included in the agreement under section 4, the City
agreed to provide a line of credit up to $50,000. The line of credit is only to be used to pay salaries, This was
requested to assist them during the slow winter months of their start up operations that officially began on
October 1, 2002.
· Upon the request of the Clearwater Community Sailing Association, and upon approval by the Marine and
Aviation Director, the Finance Department will issue a check to the Association, Interest will be calculated on
a quarterly basis at the cash pool earnings rate (FY02 = 4.77%) and posted to the line of credit balance.
· The Marine and Aviation Department will monitor the line of credit to insure that it is only being llsed to pay
salaries for authorized employees, and that payments are received by the City from the Association as funds are
available.
. The line of credit must be repaid to the City by the end of the initial three-year tenn that expires September 30,
2005. In order to insure that the line of credit is repaid by September 30, 2005, the following table represents
the maximum line of credit balance during the last year.
December 31, 2004
March 3 I, 2005
June 30, 2005
September 30, 2005
$25,000
$20,000
$10,000
$ - 0-
. The outstanding balance of the line of credit must be treated as a reserve of available fund balance in the
General Fund.
Rcvicwed hy: /-' --. "
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Budgl'l , -}'fl-/' Public Works
Pweh, NtA DC\.\/..\C\\
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hlllding Source:
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Marinc & Aviation (Bill Morrisl
Uscr Depl.:
,Marinc & Avi.1tion mill Morris)
Costs
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Risk Mgml
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AlI.lchmcnls
Suhmitted hv:
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Appropriation (odl':
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Clearwater City Commission
Agenda Cover Memorandum
Worksesslon Item #: p'k!, 2.,
,') '"1
Final Agenda Item # .-) ")
Meeting Date:
01/23/03
SUBJECT IRECOMMENDA TION:
Approve a Supplement to Community Sports Complex Amendatory Agreement between the City of
Clearwater and the Philadelphia Phillies, correcting City's capital contribution and definition of
"Community Sports Complex",
[8J and that the appropriate officials be authorized to execute same.
SUMMARY:
S On May 16, 2002 the City Commission approved the Amendatory Agreement between the City of
Clearwater and the Philadelphia Phillies which modified and amended the Agreement for Development,
Sports Facility Use Agreement and Baseball Training Facility lease Agreement to reflect the change in
primary location for the complex and timeline for project events.
s The Supplement to the Amendatory Agreement will formalize the reduction in the City's capital
contribution to the project from $5,000,000 to $3,500,000 and correct a stray reference in the original
Development Agreement to the term "Project Funding" which should have been "Community Sports
Complex Funding".
~ A copy of this Supplement to the Amendatory Agreement is available for review in the City Clerk
Department.
Reviewed by:,) h'fi
Legal ~ 7l
Budget NA
Purchasing NA
Risk Mgmt NA
Info Srvc NA
Public Work~
DCM/AC~' -fLZ
Other
Originating Dept. - K. Dunbar
Parks & Recreation 't---'t--/
User Dept.:
Parks & Recreation
Total
./
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~// Current FY
Costs
-0-
-0-
Funding Source:
CI
OP
Other
Attachments
Subml"ed by:
City Manager
~
o None
A ro rlation Code:
Printed on recycled paper
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SUPPLEi\IENT TO COMMUNITY SPORTS COMPLEX
AMENDATORY AGREEMENT
This SUPPLEMENT TO COMivlUNITY SPORTS COMPLEX AMENDATORY
AGREEMENT (this "Supplement") is made and entercd into as of , 2002 (the
"Effective Datc") by and among THE CITY OF CLEARWATER, FLORIDA, a municipal
corporation (the "City") and THE PHILLIES, a Pennsylvania limited partnership, and
supplements and amends that certain Community Sports Complex Amcndatory Agrcement (the
"Amendmcnt") dated as of April I, 2002, between the City and The Phillics.
RACKGROl JND
The City and Thc Phillies are parties to three instrumcnts rcspcctivcly relating to the
dcvelopmcnt and usc of a new community sports complex and to the use of related spring
training facilities: (i) thc Agrcement for Dcvclopmcnt of Community Sports Complcx (the
"Dcvclopmcnt Agrecment") datcd as of March I, 2001; (ii) thc Sports Facility Use Agrccment
(thc "Usc Agreement") dated as of December 31, 2000; and (iii) the Bascball Training Facility
Leasc Agrecment (the "Training Facility Agrecmcnt") datcd as of Dcccmbcr 31, 2000 (together,
the "Documents"), as all of the foregoing have previously bccn amcndcd and modified by the
Amendmcnt. Capitalized terms not separately dcfined herein are uscd as they arc defincd in thc
Devclopmcnt Agreement or the Amendment.
AGREEMENT
The parties agree that, effectivc as of the Effective Date, Part A of the Amendment,
entitlcd "Amendments to the Development Agreement" is hcrcby amended to add the following
two additional clauses at the end thereof:
29. Any reference in the Dcvclopmcnt Agrccmcnt to the tcml "Project Funding" is
hercby dcleted and replaced with a rcfcrencc to thc term "Community Sports Complex Funding."
30. The dollar figure appearing in the first scntcnce of Section 8.05 of the
Developmcnt Agreemcnt is hereby changcd from $5,000,000 to $3,500,000.
Exccpt to the extent modified hcrein, the rcmaining tenns and provIsIons of the
Dcvelopment Agreement and the Amendmcnt arc hereby ratified and affinned.
SUPPLEMENT TO
COMMUNITY SPORTS COMPLEX
AMENDATORY AGREEMENT
IN \VITNESS \VHEREOF, the parties hereto have executed this Supplement as of the
date first above written.
Countersigned:
THE CITY OF CLEARWATER, FLORIDA
By:
\Villiam B. Home, II
City Manager
Brian J. Aungst
Mayor-Commissioner
Approved as to fonn:
tL
Pamela K. Akin
City Attomey
Attest:
Cynthia E. Goudeau
City Clerk
THE PHILLIES
By:
David P. Montgomery,
General Partner
SUPPLEMENT TO
COMMUNITY SPORTS COMPUX
AMENDATORY AGREEMENT
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Final Aoenda Item #
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Clearwater City Commission
Agenda Cover Memorandum
Work session Item #:
M eetinQ Oat e: 1/23/03
SUBJECT/RECOM M ENDA TION: Award a contract for the Northwood Estates Drainaqe Improvements
(02-0026-EN) to Harvey-Taddeo, Inc. of Oldsmar, Florida for the sum of $68.530.00 which is the lowest
responsible bid received in accordance with the plans and specifications,
00 and that the appropriate officials be authorized to execute same
SUMMARY:
· An Agenda item was approved by the Commission on July 12th 2001, which authorized staff to proceed
with design, permitting and bidding of a project located in a City drainage easement at 2517 Deer Run
East; consisting of replacement of a stormwater pond with a culvert. The original estimate for this
project was $80,000.
· The original stormwater drainage system for Northwood Estates tract F consisted of a ditch/pond
system located in the rear of lots addressed as 2505 - 2529 Deer Run East.
· In the early 1980's the ditch/pond system was replaced with culverts on three of these lots.
· The pond at 2517 Deer Run East remains open and has become a maintenance and aesthetic
problem for the homeowner.
· The work proposed in this contract includes replacing the open cut ditch in the rear of 2517 Deer Run
East with culverts and also cleaning out and planting native species in the downstream pond, which is
in the rear of 2505 Deer Run East.
· This project will commence after award and execution of the contract and will be completed in 90
calendar days.
· Sufficient budget and revenue are available in the Storm Pipe System Improvement projects in the 99
Stormwater Revenue Bond Construction Fund, 375-96124, for $66,367.01 and in the 02 Stormwater
Revenue Bond Construction Fund, 377-96124 for $2,162.99,
· A copy of the contract is available for review in the Official Records and Legislative Services office.
Reviewed by: ~---"'-
Legal @t)f:.~' ,;
Budget ~
Purchasing L
Risk Mgmt N/A
Info Srvc N/A
Public Works ~
OCM/ACM ~~
other N/A
A
Originating Dept: ,~
PWAdmin (Brian Barker)
User Dept.:
Costs:
Total
$68.530
Current FY
Funding Source:
CI x
OP
ot her
Attachments
Submitted by:
City Manage~ ~~ L
[g] None
Appropriation Code:
375-96124-563700-539-000
377 -96124-563700-539-000
$ 66,367.01
2,162.99
-~
U Printed on recycled paper
Northwood Estates Drainage Improvements
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Clearwater City Commission
Agenda Cover Memorandum
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Work Session Item # I VV _
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Final Agenda Item #
Meeting Date:
1/23/03
SUBJECT/RECOMMENDATION:
Approve the Interlocal Agreement between Pinellas County Environmental Management and the City of
Clearwater for the development, implementation, and operation of a County wide Ambient Water Quality
Monitoring Program for six years at an estimated total cost of $145,500,
00 and that the appropriate officials be authorized to execute same.
SUMMARY:
. The City of Clearwater's NPDES Permit #FLS000005 in cooperation with Pinellas County requires Pinellas County
and it's co-permittees fund. develop, implement. and maintain a water quality monitoring program to track water
quality improvement throughout Pinellas County.
. The Ambient Water Quality Monitoring Program will be designed. implemented. maintained. and partially funded by
Pinellas County. The total cost of the program for the first year is $226.085.00. with the cost of the program being
prorated among co-permittees by jurisdictional area.
. The cost to the City for the first year of the program is $25,444.00.
. Pinellas County will be responsible for administration of the program including collection of samples, coordination of
samples to a certified analytical laboratory, reviewing and managing analytical data, and reporting the data to US
Environmental Protection Agency and Florida Department of Environmental Protection in accordance with the
NPDES permit requirements.
· There is sufficient funding for the first year of this program in the FY 2003 Public Works
Administration/Environmental & Stormwater Management/Stormwater Management operating budget, 419-01365-
0530300-539-000.
· A copy of the Agreement is available for review in the Official Records and Legislative Services office.
Reviewed b~ Originating D~J~) Costs
Legal Info Srvc N/A Public Works d Ion Total $25,444.00
Budget Public Works All User Dept. Funding
... :P~--- Source:
Purchasing N/A DCM/ACM I..L - Current FY X CIP
,. ......,..
Risk Mgmt N/A Other I (./ Attachments OP X
Other
Submitted by: ~"I ~
City Manager ~ ~..-
o Printed on recycled p.per
C None
Appropriation Code:
419-01365-0530300-539-000
NPOES Ambient W.ter Monitoring Agreement
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PINELLAS COUNTY GOl'ERNMENT IS COMMITTED TO PROGRESSIVE PUBLIC POLlCT,
SUPERIOR PUBLIC SERVICE, COURTEOUS PUBLIC CONTACT, JUDICIOUS EXERCISE
OF AUTHORITl' AND SOUND MAN.4.GEMENTOF PUBLIC RESOURCES, TO MEET TilE
NEEDS AND CONCERNS OF OUR CITIZENS TODA Y AN/) TOMORROW
INTERLOCAL AGREEMENT BETWEEN
PINELLAS COUNTY AND ITS N.P.D.E.S. PERMIT FLS000005
CO-PERMITTEES FOR THE DESIGN, IMPLEMENTATION,
OPERATION AND MAINTENANCE OF THE AMBIENT WATER
QUALITY MONITORING PROGRAM
AGREEMENT PREPARED BY
DEPARTMENT OF ENVIRONMENTAL MANAGEMENT
ENVIRONMENTAL RESOURCES MANAGEMENT DIVISION
NOVEMBER 2002
TABLE OF CONTENTS
SECTION
PAGE
1 NTENT 0 F AG REE~'f ENT ................... ..................................... ............. ....,............... 2
., PU RPOSE ... .................................................................................................................. 5
3 GENERAL RESPONSIBILITIES... .................. ................ ...... ................. ............... ...... 5
4 COST ALLOCA TI 0 N .............................................................................. .................... 7
5 CO PIES................................................... ...................................................................... 8
6 NO TI C E S ...................................................................................................................... 8
7 A UD IT REQ UIRE~fE!\T"fS.... ............. ....................... ............................... .................. 10
8 TERMINATION OF AGREEMENT.......................................................................... II
<) ENTIRE AG REEME!\T"f .. ........................................................................................... II
10 AG REEMENT TER1\1 ...... ........ .......... ................ ........................................................ 11
11 FI SCAL FUNDING .............................. ............... ....................................................... 12
12 HO LD HARMLESS.. ............ ................... ................ ........................ .............. ............. 12
13 EFFECTIVE DATE... ..................... ......... ..................................................... .............. 12
E X I-II B 11' A.... . . .. . . . . . .. . . . . . . . .. .. . . . . . . . .. . .. . . . . . . . . .. . .. . . .. . . . . . .. . . . . . . . . . . . . .. . . . . . . . . . . . . .. . . . . . . . .. I 5
EXI-IIBIT B.................. ........ ....... .............. ........................... ....................... ..20
EXl'1l 811' C..................... ... ......... ... ... . ... ....... ... . . .... .... .. . . .. ..... ... ...... . ....... .. . .. ... 21
Page I of 22
SECTION 1. INTENT OF AGREEMENT
INTENT OF INTERLOCAL AGREEMENT
BET\\'EEN PINELLAS COUNTY AND ITS N.P.D.E.S CO-PERMITTEES
FOR THE DESIGN AND IMPLEMENTATION OF A \V A TER QUALITY
MONITORING PROGRAM
THIS AGREEMENT, entered into on the _ day of 2003. bctwccn thc
BOARD OF COUNTY COMMISSIONERS of Pincllas County, a political subdivision of the
Statc of Florida, hereinafter referred to as the COUNTY, and thc Cities of Pinellas County,
including the Town of Belleair, City of Bclleair Beach, City of Bclleair Bluffs, City of
Clearwater. City of Dunedin, Town of Kenneth City, City of Gulfport, City of Indian Rocks
Beach, City of Largo, City of Madeira Beach, Town of North Redington Beach, City of Oldsmar,
City of Pinellas Park, Town of Redington Beach, Town of Redington Shores, City of St. Pete
Beach, City of Safety Harbor, City of Seminole, City of South Pasadena. City of Tarpon Springs,
City of Treasure Island, all of which arc municipal corporations of the State of Florida and co-
permittees to Pinellas County in its N.P.D.E.S. permit, hereinafter referred to as CO-
PERMIITEES.
Page 2 of 22
WITNESSETH. That:
WHEREAS, the COUNTY and the CO-PERMIlTEES desire to protect and promote the
public health, safety and general welfare through the management and assessment of the effects
of stormwater runoff; and
WHEREAS, the COUNTY and thc CO-PERMITfEES desire to maintain and assist in the
improvement of water quality and to prescrve and cnhance thc environmental quality of receiving
waters: and
WHEREAS, pursuant to the Clean \Vater Act (CW A), section 402, 33 U.S.c. * l3-l2, and
the regulations promulgated thereunder, certain political entities arc required to implement
stormwater management programs within certain time frames; and
\VHEREAS, pursuant to the CW A requirements. the United Statcs Environmental
Protection Agency (EPA) has developed rcgulations undcr the National Pollutant Discharge
Elimination Systcm (NPDES) permit program published as 40 C.F.R. * 122.26; and
WHEREAS, 40 C.F.R. ~ 122.26(a) requircs that stormwater permits bc required for largc
and medium municipal separate storm sewer systcms. determined from thc 1990 census, and
Appcndix 110 Part 122, designates the COUNTY as a large separate storm sewer system; and
WHEREAS, the EPA, Region IV notified the COUNTY and the CO-PERMITTEES by
lettcr dated December 16, 1993 that the CO-PERMlTIEES are designated as part of thc
COUNTY municipal separate storm sewcr systcm (MS4) for the purposes of NPDES pcrmitting;
and
WHEREAS, the COUNTY as lead applicant and the CO-PERMITTEES as co-applicants
applied for and rcceived NPDES permit ffFLS000005: and
Page J of 22
WHEREAS. NPDES permit #FLS000005 Part V.13.1 requires a monitoring program to
assist in determining the impact of stormwater discharges on receiving waters located in the
geographical area covered by the pem1it; and
WHEREAS, NPDES permit #FLS000005 Part V.B.l requires a monitoring program to
assist in determining the effectiveness of the stormwater management programs being
implemented and shall assist in identifying and prioritizing portions of the MS4 requiring
additional controls; and
WHEREAS, NPDES permit #FLSOOO()05 was delegated from the Environmental
Protection agency'sjurisdiction to the Florida Department of Environmental Protection in
October 2000 as set forth in Section 403.0885, Florida Statutes (F.S.); and
WHEREAS, stormwatcr discharges from medium and large ~\'tS4' s are regulated under
Chapter 62-624, F.A.C.;
\VHEREAS, it is the mutual desire of the COUNTY and the CO-PERMI'ITEES 10
establish relationships and responsibilities for developing a design of a watcr quality monitoring
program 10 meel NPDES Stormwaler pcrmit requirements.
WHEREAS, it is the mutual d~sire of thc COUNTY and the CO-PERMITTEES to
establish relationships and responsibilities for funding the operation and maintenance of a water
qualily monitoring program to meet NPDES Slormwater permit requiremcnts.
NOW THEREFORE, in consideration of the mutual covenants hereaftcr set forth, the
parties hereto mutually agree as follows:
Page 4 of 22
C. To establish a cost allocation method to ensure equitable distribution of program
design, operation and maintenance costs.
SECTION 2. PURPOSE
The purpose of this Agreement is to set forth the relationship of the COUNTY and the
CO-PERMITIEES with respect to the following:
A. To dcfinc the gencral rcsponsibilitics of the COUNT'{ and the CO-PERMITTEES
in developing the design of the watcr quality monitoring program that will be
consistcnt with, and in support of, thc requircmcnts of NPDES permit
#FLS000005.
B. To define the gcneral responsibilitics of the COUNTY and the CO-PERMITTEES
in implementing and continuing a water quality monitoring program that will be
consistent with, and in support of, the requiremcnts of NPDES pcrmit
#FLS000005.
SECTION 3, GENERAL RESPONSIBILITIES
I. Monitoring Program Design
A. The County as lead permittee will be responsible to engage and secure a
consultant to develop the design for the water quality monitoring program in
accordance with the Proposed Project Plan set forth in Exhibit "A:'
B. The COUNTY will administer the consultant's contract.
C. The COUNTY will ensure the design is completed by the consultant on or before
April I, 2003.
Page 5 of 22
D. The CO-PERMlTTEES will be provided copies of the final program upon design
completion.
2. Monitoring Program Implementation, Operation and Maintenance
A. The COUNTY shall continue to monitor water quality in countywide receiving
water bodies from Octobcr 1, 2002 through the duration of this agreement term.
B. The COUNTY will implement the new monitoring design on or beforc April I,
2003.
C. The COUNTY will continuc to operate and maintain the sampling program using
COUNTY staff and equipment. The program will consist of managing staff,
maintaining equipment and instruments in working order, ordering supplies and
calibration standards, performing necessary ficld quality assurancc protocols in
accordance with FDEP guidelines, collection of samples, coordinating sample
delivery to a NELAC (National Environmental Laboratory Accreditation
Conference) certified analytical laboratory, revicwing and managing analytical
data results, entering data into the US Environmental Protection Agency's
STORET database as required by FOEP, and rcporting of data results to FDEP in
accordance with NPDES permit requiremcnts.
O. The COUNTY shall include reference to each CO-PERMITTEE listed in this
agreement as a contributor to the countywide monitoring program in monitoring
program results reported to FOEP as rcquired by NPDES permit #FLS000005.
Page 6 of 22
SECTION 4, COST ALLOCATION
I. Monitoring Program Redesign
A. The CO-PERMITTEES and the COUNTY shall share the one-time cost of the
water quality monitoring program redesign. The cost sharing shall be based on
acreage of the COUNTY and each CO-PERMITTEE as shown in Exhibit "13,"
The acreage figures presented in Exhibit "B" are the most recent acreage figures
available at the time this agreement is being executed and shall remain in effect
for the duration of this agreement term. The full program design cost to the
COUNTY will not exceed $25,000. The monitoring redesign cost to each CO-
PERMITTEE shall not exceed the amounts set forth in Exhibit "13." The
COUNTY will pay the full invoice amount to the consultant and then invoice each
CO-PERMITTEE for their respective share.
D. The COUNTY shall invoice the CO-PERMITTEES for their respective
contribution, as stated above, to be paid in a lump sum after the completion of the
monitoring redesign. Each CO-PERMITIEE shall make payment of its indicated
share to the COUNTY within forty (40) days of receipt of the invoice, and may
request supporting documentation from the COUNTY.
2. Monitoring Program Implementation. Operation and Maintenance
A. The CO-PERMITTEES and the COUNTY shall share the annual cost of the water
quality monitoring program in accordance with thc terms shown in Exhibit "c."
The cost sharing shall be based on acreage of the COUNTY and each CO-
PERMITTEE as set forth in Exhibit "B," The acrcage figures presented in Exhibit
Page 7 of 22
"8'" are thc most recent acreage ligures anlilablc at the time this agreement is
being executed and shall remain in effcct for the duration of this agreement term.
B. The COUNTY shall invoicc the CO-PERMITTEES for their respective
contribution, as stated above. to be paid in a lump sum aftcr thc end of each fiscal
year (Oct. 1st -Sept. 30th). Each CQ-PER7\lITTEE willmakc paymcnt of its
indicated share to the COUNTY within forty (40) days of receipt of the invoice.
C. The COUNTY will provide the CO-PERMITTEES with a detailed invoice
including supplies cost, labor and laboratory analyses.
SECTION 5, COPIES
Upon final execution of this document, the original will be filed with the Clerk of Circuit
Court of Pine lias County pursuant to Chapter 163.01, Florida Statutes. Two (2) copies will
be provided to each CO-PERMITTEE.
SECTION 6. NOTICES
All writtcn notices to THE CO-PERMITTEES and the COUNTY under this agreemcnt
shall be directed to the following addresses:
Pinellas Counh':
Andrcw P. Squires
Pincllas County Dcpl. of Environmcntal Management
512 S. Fort Harrison Avcnuc
Clearwater, FL 33756
727-464-4761
Be\lcair:
Mr. Steve Cottrell
Town Manager
901 Ponce De Lcon 13lvd.
Bellcair, FL 33756-1096
Page 8 of 22
Clearwater:
Mr. Brett Gardner
Public Works Administration
City of Clearwater
P.O. Box 4748
Clearwater. FL 33758-47~S
City of Belleair Bench:
Mr. Buell Vann
Public Works Director
City of Belleair Beach
444 Causeway l3lvd.
Belleair Beach. FL 33786-3399
I>unedin:
Mr. Anthony "Tony" Manello
Slormwater Utility Supervisor
City of Dunedin
1405 County Rd. 1
Dunedin. FL 34698
Belleair Bluffs:
:-.tr, Robert David
City of Belleair l3luffs
27 J. 7 Sunset Blvd.
Belleair l3luffs, FL 33770
Kenneth Cih':
Mr, John Dutton
Director of Public Works
Town of Kenneth City
6000 54th Avc. N.
Kenneth City, FL 33709-1800
Madeira Beach:
Mr. Michacl Maxemow
Public Works Director
City of Madeira Beach
300 Municipal Drive
Madeira Beach, FL 33708-1996
Oldsmar:
Mr. Stcvc Frates
Environmental Specialist
City of Oldsmar
351 Lafayctte Blvd.
Oldsmar, FL 34677-3756
Indian Rocks Beach:
Mr. Dcan Scharmen
Public Services Director
City of Indian Rocks Beach
1507 Bay Palm Blvd.
Indian Rocks Beach. FI. 33785-2899
Larl!o:
Mr. Mike Sepessy
Stormwater Program Coordinator
City of Lmgo
P.O. Box 296
Lurgo, FL 33779-0296
N. Redin2ton Beach:
Honorable Harold Radcliffe.
Mayor
Town of N, Redington Beach
190 173rd Avenue
North Redington Beach. FL 33708-1397
Gulport:
l\1r. Paul Geisl
City of Gulport
2J.0 1_53rd St. South
Gulfport. FL 33707
Redin2ton Beach:
Mr. Mark Davis
Public Works Dircctor
Town of Redington Bcach
105-164th Ave.
Redington Beach, FL 33708-1519
Pinelllls Park:
Mr. Jeffrey F. Sabiel
Streets & Drainage Division
City of Pinellas Park
6051 78th Ave. N.
PinelIas Park, FL 33781
Town of Redin2ton Shores:
Ms. Launa Dopp
Commissioner
17425 Gulf Blvd.
Redington Shorcs, FL 33708-1299
Sareh' Harbor:
Mr. C,j. Wright
Supervisor
City of Safety Harhor
1200 Railroad Avc.
Safety Harbor, FL 34695-2*04
Seminole:
Mr. Allen Godfrey
Public Works Director
City of Scminole
7464 Ridge Road
Seminole, FL 33772-5226
Page 9 of 22
St. Pete Beach:
Mr. BiII r-.lilb
Utilities Superintendent
City of SI. Pete Beach
1:'5 Corey Avenue
51. Pete Beach. FL 33706.1 S3lJ
South Pasadena:
Ms. Deborah Hl1hm
City of Sl1uth Pasadena
Public Works Admin. Secretary
70-l7 Sunset Drive S.
South Pasadena, FL 33 707.2S IlJ
Tarpon Sprin~s:
Mr, Mark Schroeder
City of Tarpon Springs
323 E, Pine Street
Tarpon Springs. FL 34688
Treasure Island:
Mr. Paul Fisher
Water Pollution Control Supervisor
City of Treasure Island
120 IOSth Ave.
Treasure Island, FL 33706
SECTION 7. AUDIT REQUIREMENTS
A. All parties' records shall be open to inspcction and subject to examination. audit.
and/or reproduction during normal working hours by any partics' agcnts or
authorized representatives to the extent nccessary to adequately pcrmit evaluation
and verification of any invoices, payments or claims submitted pursuant to the
cxccution of this Agreement. These records shall include. but not be limited to,
accounting records, written policies and proccdures, subcontractor files (including
proposals of successful and unsuccessful bidders), original estimatcs. estimating
worksheets, correspondence, change order files (including documcntation
covering negotiated final settlemcnts), and any othcr supporting cvidcncc
necessary to substantiate charges related to this Agreement. They shall also
include, but not bc limited to, those records nccessary to cvaluatc and verify dircct
and indirect costs, including overhead allocations as they may apply to costs
associated with this Agreement.
B. For the purpose of such audits, inspections, examinations and evaluations, the
parties' agents or authorized reprcsentatives shall have access to said rccords from
Page \0 of 22
the effective date of the agreement for the duration of the work. and until three (~)
years after the date of final payment by the parties pursuant to this Agrecment.
C. The parties' agcnts or authorized reprcsentati\'cs shall hH\'C access to alll~lcilitics
and all necessary records to the extent necessary to conduct audits in compliance
with this Section. The partics' agents or authorized reprcscntatives shall gin: all
other parties reasonable advance notice of intended inspections. examinations.
and/or audits.
SECTION ~, TERMINATION OF AGREEMENT
Any party may terminate this Agreement by notifying all other parties in writing thirty (30)
days in advance. The Agreement will stay in effect for all parties rcmaining,
SECTION 9, ENTIRE AGREEMENT
This Agreement together with Exhibits "A". "B" and "C:' cmbodies thc whole agrcemcnt
of the parties. Therc are no promises, terms, conditions or allegations other than those
contained herein and this document shall supercede all previous communications,
representations and/or agreements, whether written or verbal, between the parties hereto.
This Agreement may bc modificd only in writing, exccuted by all parties.
SECTION 10, AGREEMENT TERM
This Agreement shall take effect as provided in section 13 and shall rcmain in effcct until
Septembcr 30th, 2008, unless renewed in writing by mutual agrecmcnt of all partics hcreto
for an additional length of time.
Page 11 of 22
SECTION 11, FISCAL FUNDING
In the event that sufficient budgeted funds arc not availablc for a new fiscal period, the
terminating party shall notify all other parties of such occurrence and the contract shall
temlinate on the last day of the current fiscal period without penalty or expense to the
terminating party.
SECTION 12, HOLD HARMLESS
The parties hereto agree to be fully responsible for their own acts of negligence, or their
respective agents' acts of negligence when acting within the scope of thcir cmployment.
and agree to be liable for any damages resulting from said negligence to the extent
permitted by section 768.28, Florida Statutes. Nothing hcrein shall be construed as
consent by the COUNTY or the CO.PERMITIEES to be sued by third parties in any
manner arising out of this agreement.
SECTION 13, EFFECTIVE DATE
This Agreement shall take effect upon execution by the parties.
Page 12 of 22
IN WITNESS WHEREOF, the undersigned havc hereunto affixcd their hands and scals
as the day and year first above written.
PINELLAS COUNTY, by and through its Board of County Commissioncrs
By:
Chairman
ATIEST: Karlcen F. De Blaker, Clerk
By:
APPROVED AS TO FORM:
By:
Office of County Attorney
:/
Page 13 of 22
INTERLOCAL AGREEMENT BETWEEN
PINELLAS COUNTY AND ITS N.P.D.E.S. PEAAIIT FLS000005 CO-PERMITTEES
FOR THE DESIGN, IMPLEMENTATION, OPERATION AND MAINTENANCE OF
THE AMBIENT WATER QUALITY MONITORING IJROGRAM
Countersigned:
CITY OF CLEARWATER, FLORIDA
By:
Brian J. Aungst
Mayor-Commissioner
William B. Horne,11
City Manager
Approved as to form:
Attest:
Cynthia E. Goudeau
City Clerk
','
Page 14 of 22
EXHIBIT A
DEVELOPl\IENT OF A DESIGN OF A SURFACE WATER QUALITY MONITORING
PROGRAM
INTRODUCTION
The Pinellas County Department of Environmental Management (DEM) has monitored County
surface waters since 1991. The program has continued to support County watershed planning
initiatives consistent with State Water Policy (Chapter 62-40. F AC), our Comprehensive Plan,
Tampa Bay Estuary Program (TBEP) agreemcnts (e.g., thc Comprehensive Conservatiun and
Managcment Plan (CCMP)), as well as Monitoring and Rcporting requircmcnts (Part V.B) of our
NPDES stormwatcr permit (FLS000005).
The program hereafter is expected to be under increased scrutiny by Florida Department of
Environmcntal Protcction's (FDEP) NPDES Storm water Administrator to provide credible long-
term water quality assessments of our receiving water bodics as one mcasure of the success of our
Stormwater Management Program. Design improvements of the existing monitoring program arc
needed, including a geographical expansion. The new design shall provide beller coverage of
county receiving water bodies as well as statistically defensible results of long-term seasonal and
annual water quality trends. In addition to mecting County planning and NPDES permit compliance
monitoring needs, the monitoring program should also support the TBEP CCMP, FDEP's statewide
watershed managcment approach, and the Southwcst Florida Watcrshed t..,lanagemcnt District's
(SWFWMD's) Comprehensivc Watershed Management (CWrv1) Plan for the Tampa Bay/Anc1ote
River watcrshed.
The existing monitoring program covers many of the County's marine and frcshwatcr water bodies,
including those in S1. Petersburg and other incorporated areas. The monitoring program docs not
adequately sample Tampa Bay segments (Old, Middle, and Lower Tampa Bay) that border the
eastern County shoreline, nor do we anticipate including covcrage of thcse segments in the revised
design. The Environmental Protection Commission of Hillsborough County monitors watcr quality
in thcse segments, Furthermorc, the Tampa Bay Estuary Program has established water quality
targcts for Old Tampa Bay segments. Water quality monitoring efforts would bc bctter directed to
other County receiving water bodies.
MONITORING PROGRAM DESIGN GUIDELINES AND BACKGROUND
The cxisting program, established in 1990, is a fixcd-sitc location dcsign. Thc locations of sampling
sites were chosen using professional judgment. In some cascs site locations were cho~en tn monitor
the effccts on water quality from known or suspectcd pollution sources. The ovcrall objective of the
program has becn to assess existing water quality conditions in County basins as wel1 as to dctcrmine
long-term water quality trends in the County's lakes, streams. creeks. and marine waters. The
program has served to identify rclative watcr quality conditions countywide, which in turn, has
helpcd prioritizc basins for planning initiatives. The existing program as designed, however, only
Page 15 of 22
allows valid assessments of water quality trcnds at individual sitc lL)cations. Valid and scientifically
defensible assessments of water quality trends in defined water bodies cannot be made u~ing the
existing program.
Pro~I'am Goals and Ohjectives
Specific monitoring program goals and objcctives will be determined as part of thc project.
Neverthelcss, OEM staff has devcloped gcncralizcd monitoring program goals and objecti\Oes as a
starting point for the design of a water quality monitoring program. Primary goals include:
I) the mcasurc of mcaningful tcmporal and geographical changes in surfacc water quality
of defined marine and freshwater water bodies receiving runoff from County basins,
2) to provide an carly warning systcm to dctect watcr quality problems before problcm
rcsolution becomes morc difficult and/or irrcvcrsible,
3) to provide information that can be used to rcdircct or rdocus watershed plans and thc
County NPDES Stormwater Program Plan,
4) to thc cxtcnt possible, and in addition to thc abovc listcd goals, providc watcr quality
monitoring information pertinent to, and in support of:
. thc TBEP CCMP,
. the SWFWMD CWM Plan for the Tampa Bay/Anc1ote Rivcr watershed.
. the FDEP statewide watershed managcmcnt approach, and
. FDEP "Reasonable Assurance" critcria associated with the total maximum daily
load (TMDL) process.
Thc monitoring program will be designed to addrcss a set of specific objcctivcs. One important
objcctivc will be to estimatc thc arcal cxtcnt, and tcmporal trcnds in arcal cxtcnt, of watcr quality
conditions in defined County receiving water bodies.
I)robabilistic Design
During the last ten ycars, leading estuarine researchcrs and environmental managcrs havc rccognizcd
that rcsults obtained from fixed station sampling designs arc oftcn improperly used to makc
statcmcnts about water quality trends of dcfincd watcr bodics. A probabilistic monitoring approach
dcvclopcd by EP A's Enviw:1mental Monitoring and Asscssment Program has gained considcrable
scientific support nationwide, A probabilistic approach incorporates a random selection of sampling
sites within a defined geographical area, thus minimizing or eliminating any bias in choosing
sampling sites. The Tampa Bay Estuary Program has strongly recommcndcd and implcmented a
probabilistic design to assess water and sediment quality trends in Tampa Bay. This has allowed
cnvironmental managers to determine, with a known level of confidence, if and when watcr quality
rcstoration targets have been achieved.
During thc last five years, FDEP has also recognizcd how probabilistic sampling can bc used to
provide a scientifically dcfensible method to assess 10ng-tcrm water quality trends in dcfincd water
bodies of thc State, FDEP's Integrated Water Resources Monitoring (lWRM) program has
incorporated the use of a probabilistic site location design to asscss long-tcrm water quality trends
Pagc 16 of 22
statcwide in each of 52 defincd hydrological units. We propose to revisc our existing monitoring
program using thc same probabilistic dcsign principlcs as FDEP has implemcntcd statcwide, but our
program will be applied to a much smallcr spatial scalc of County receiving watcr bodies.
Monitoring Program Constraints
A constraint on thc monitoring dcsign will bc to equal or rcduce thc cxisting lcvel of effort ill terms
of thc numbcr of samplcs collectcd and analytical costs that OEM currcntly cxpcnds for monitoring
county waters excluding thosc in thc City of S1. Petcrsburg. The ncw dcsign will not affect our
existing fixed-sitc sampling program within the creeks, strcams, and small lakcs. OEfvt collects
1.140 samplcs at individual sitcs per year of which 16~, or 14.7S;'. arc in St. Pctersburg. OEM
currcntly samples, on avcragc, about 45-50 diffcrcnt open watcr sitcs pcr month that include sites
in marinc waters (excluding much of 51. Pctcrsburg) and in our two largcst lakes, Lakc Tarpon and
Lakc Seminole. The new dcsign should not excecd the level of cffort and cost currcntly cxpcndcd
annually by OEM to sample the 45-50 sitcs per month.
Scvcral othcr constraints arc anticipated. Other possiblc constraints may include sampling on certain
weckdays, sampling in waters accessiblc by boat, and consistency with DEivl's FDEP Quality
Assurancc Ficld Plan.
SCOPE OF WORK
Task I. Review and Analysis of Existing Water Quality DalCl
Availablc ambient watcr quality data collected by OEM and a set of spatial coordinates of DEM
sampling sites (c.g., Arcvicw shape filc) will bc providcd to the contractor for revicw and
analyses. Thc cxisting data will bc uscd to help dcfinc appropriatc indicator paramctcrs and to
providc information that may help define appropriatc spatial and temporal reporting units to be
uscd in thc new monitoring design.
Task 2. Kickoff Meeting/Workshop
The objectivc of this task is to meet with the program participants and rcvicw thc work to bc
complctcd in this projcct, thc cxpcctcd outcomes, thc project schedule, and to bricfly
summarize the cxisting DEM water quality data sct. Program participants will consist of DEM
staff and any othcr individuals as deemcd appropriatc by DEM staff. Other participants may
include County NPDES joint co-permittcc rcprescntativcs from the Florida Departmcnt of
Transportation (FDOT) and County municipalitics, Although all program participants arc
cncouragcd to prcsent thcir point of vicw during this mceting/workshop, all elemcnts, issues,
and qucstions to be considcred for the monitoring program dcsign must bc approved by OEM
staff.
At this mecting/workshop, thc Contractor will work with the program participants to idcntify
the kcy qucstions that thc monitoring program will answcr. Also, any constraints that may
cxist will also bc idcntified. Thc other clements of thc sampling design to bc discusscd will
Pagc 17 of 22
include the spatial and temporal definition of the rcporting units, thc indicator paramctcrs to be
monitorcd. and the mcaningfullcvels of change in thcse indicator paramctcrs. It is expcctcd
that a review and limited analysis of cxisting watcr quality data will bc nccessary to hc1p
idcntify the most appropriatc indicator parametcrs. The contractor will work with DE~...l stall to
determine meaningfullevcls of change in watcr quality indicator parameters. The attached
figure shows the spatial extcnt of twelvc potential reporting units that scrvc as a starting point
from which to devclop thc most appropriate rcporting unit boundaries. Thc Contractor will
providc a summary of the mccting to DEiv1.
Task 3. Dejine Monitorin~ Pro~ram Eleme/lls
The objcctive of this task is to dcfine thc monitoring program objectives, rcporting units, and
indicators that will fulfill thc needs of the program participants and thus direct the program
design.
Task 3.1. Devclop and definc draft monitoring program objcctives. Draft objectives will bc
submitted to OEM.
Task 3.2. Develop and dcfine a draft definition of thc:
a) spatial and tcmporal character of thc reporting units,
b) indicator parametcrs to be monitored, and
c) desircd data quality objectivcs for the indicator parameters.
Rcsponses from the participants rcgarding thc draft monitoring program clcmcnts will he
compiled and summarized by OEM. DEM will submit a list of responscs to the Contractor for
devclopmcnt of the monitoring program dcsign in Task 4, The Contractor will idcntify cxisting
data sources for thc spatial rcporting units idcntificd in this task. Thcse data may includc water
quality, flow (stage), and rainfall data.
Task 3.3. Complctc and dcliver a tcchnical mcmorandum that defines the results from Task 3.
Task 4. Monitoring Program Design
Task 4.1. Devclop a draft monitoring program design.
Thc Contractor will dcvclop a draft monitoring program dcsign that will includc the following:
· statcment of study goals,
· statcmcnt of study objectives,
· definition of study area,
· definition of study pcriod,
· definition of sampling points (including maps and station coordinatcs in a hard copy and
digital format compatible with the County Geographic Information System softwarc),
· definition of indicator paramcters to bc mcasurcd and/or estimated,
· definition of data quality objectivcs.
Page I~ 01'22
. definition -.If data collection mcthods.
. dcfinition of data collection schcdule and frequency,
. dcfinition, dcscription. and documentation of data analysis approaches, and
. definition of data rcporting methods.
The Contractor will provide a prescntation of the draft program dcsign to the program participants.
Task 4.2. Draft Final Monitoring Program Dcsign
Following the presentation of the draft design and using the comments providcd from that
prescntation, the Contractor will submit a draft final dcsign rcport to OEM for its rcvicw.
The draft final design rcport will also include:
. SAS program codc (digital and hard copy) to determine random geo-rcfcrcnccd coordinates
to.;crvc as sampling points within each rcporting unit of thc monitoring design, and
. SAS program code (digital and hard copy) for calculating and plotting Cumulativc
Distribution Frequency plots by indicator paramcter or indicator indcx,
The Contractor will also provide training (not to exceed 8 hOll1:-') to DEM staff in proper use of the
abovc listcd SAS programs.
Task 4.3. Final Monitoring Program Design
The Contractor will provide a final design report within 30 days of reccipt of the comments. Both
a hard copy and an electronic copy of the report will be submitted to OEM.
Page 19 of 22
EXHIBIT B
r------- -..---.---..-----
l\IONITORING FEES HASED ON ACREAGE
~Teage jigllre,' f'ml'ided hy Pinel/lis k\crcaue (% :Redesh.!.n :Monitorinl.!.
COUIll.\' Planning Dept. (Alarclz 2(02) I Acreal.!.e 'fee (To he fee hased on
I 'in voiced 1% acreal.!.e
I
I 'hetween !rro he
I lJan-M~,,' :invoiced Oct
I 2()()3 ) [2(.03 )
1 Pincllas County 653~O.53 53.04Sej $7,9571 $117,274
2 Town of Bcllcair I lJ68.0S O.7lJr;'e! I $1.73ti
$II~
I
.3 City of Bcllcair Bcach I O.llJt;'c! $2~ $~II
229.32-
4 City of Bclleair Bluffs 223.83' O. 18t;;-1 $27 $~()I
, I
;
5 City of Clcarwater 132~3.60 10.7W;;-! $1,617 $23,827
6 City of Duncdin 5622.11. 4 -fr'j $684 $10,084
.) l/(I I
7 City of Gulfport 1362.03: 1.110[1 $16~ $2A43
~ City of Indian Rocks Beach 397.9.ti O.320cl $~g $714
I I
l Town of Kenneth City 355.511 0.290cl $~31 $63~
\( City of Largo 9004.7']j 7.310'c $1,09ti $16,152
I
II City of Madcira Beach 444.231 0.36~c $54 $797
,
12 Town of N. Rcdington Beach 128.3~ 0.10% $Iti $23(
13 City of Oldsmar 5051. 19- 4.10% $615 $9,06(
!
1'-1 City of Pincllas Park 8291. 77: 6.73% $1,009 $14,873
I
15 Town of Rcdington Beach 155,O(~ 0.13% $19 $278
16 Town of Redington Shores 139.0~ 0.11% $17 $249
17 City of Safcty Harbor 2659.7~ 2. 16t:;f $324 $4,771
18 City of St. Pctc Bcach 10 1O.9~ 0.82% $123 $1,813
19 City of Scminole 2495.01 2.02% $304 $4,475
2( City of South Pasadcna 327.6~ 0.27% $40 $588
21 City of Tarpon Springs 4970.~~ 4.03% $605 $8,9 Hi
22 City of Trcasure Island 753.411 0.61% $92 $1,351
23 Florida DOT $10,000 $5,000
rOT ALS 123255.0~ 100.00% $25,000.00 $226,085.00
Pagc 20 of 22
EXHlIUT C
COST ALLOCATION FOR MONITORING PROGRAM IMPLEMENTATION,
OPERATION AND MAINTENANCE
I. CAPITAL EXPENSES
No capital cxpcnses arc to be incurrcd in fiscal year 20()2-2003. Aftcr FY03, support will
include a fair cost-share rcimburscmcnt of eligiblc capital items. Capital items eligiblc for
rcimburscmcnt arc dcfined as single itcm purchases cxcccding $750 and will be uscd only for thc
monitoring program, Capital itcms will bc strictly Iimitcd to muItiprobc field instruments and
light metcrs (c.g. Hydrolabs and Licor light mctcrs) and will not includc vchiclcs, boats, or
trailcrs that would bc subjcct to use for othcr sampling programs. These itcms typically range in
pricc Ihm1 $2,000-8.000 pCI' unit. The County's annual capital item reimbursement charged to
thc co-pcrmittecs will not cxcced SlO,OOO in any givcn year and will bc split amongst all co-
pcrmittecs according to their pcrccntagc of acrcage as describcd in Exhibit "13:'
2. OPERATING SUPPLIES
Opcrating supplies include individual itcms less than $750 each used cxclusivcly to support thc
monitoring program, Examplcs includc samplc bottles, sample preservativcs, acids for cleaning
bottlcs and glassware, chemical standards, and discretc depth samplcrs (Alpha bottles). A
detailed list of all supplies purchased for the monitoring program will bc provided along with
labor and laboratory analysis costs to all co-permittccs along with cach reimbursemcnt bill.
3. ANNUAL PRICE INCREASES
Somc co-pcrmittecs exprcsscd an intercst in limiting annual incrcascs of thc monitoring program
to:::: 5%. Based on program costs over previous years. we anticipate that annual program eost
incrcases (staff labor, supplies, laboratory charges) will not exceed 5% bctwecn any two
sequential ycars. Wc cannot guarantce that in any givcn ycar, duc to circumstanccs beyond our
control, somc cost incrcascs may excced 5% (e.g. laboratory costs), and thus thc ovcrall program
cost increase may cxceed 5%, Our reimbursement process will be to simply pass-through our
program costs for any given year to the co-permittecs,
Sec table on rcvcrse page.............. . . ..... .. . . . . ...". ... . .. .. . .. .. .. . . . .. . .. . ... .... . . . .. . ..... .., . ..
Pagc210f22
EXAMPLE INVOICE COST SUMMARY
Catcl!Ol'V County Cost Estimate
Labor $ 54,495
Supplies $ 7,800
ulboratory Analyscs $ 202,752
Total Prollram Costs $ 265,047
Less St. Pctcrsburg - S 38,962
Contribution (14.7%)
$226085
Less FDOT Flat Fcc - $ 5,000
Tolal Program Costs $ 260,047
(excluding FDOT)
Less St. Pctcrsburg - $ 38,962
Contribution (14,7%)
FY03 Co-Permittee Total $ 221,085
(excludine FDOT)
Pagc 22 of 22
Ii.. '1' 3~
NPDES Ptrmit No. FLSOOOOOS
PART V. MONITORING AND REPORTING REQUIREMENTS
A. Seasonal Loadings and Event Mean Concentrations.
1. As per 40 CFR 122,26(d)(2)(ili)(C), the permittees shall provide estimates of the
seasonal pollutant load and of the event mean concentration of a representative
storm for the parameters listed in Table V.A.I. for each "major outfall" within the
MS4. These constituents were detected in the sampling data reported in the Part 2
application. The location of all known major outfalls shall be inventoried in the
ANNUAL REPORT for Year One of the permit, with updates describing any
additionally identified major outfalls in each sequent ANNUAL REPORT. The
seasonal pollutant load and event mean concentration for each major outfall may
be estimated from the representative. ~onitoring locations, from regional NURP or
State data. or from pooling results from other nearby Florida MS4 monitoring
activities and shall take into consideration land uses and drainage areas for the
outfall. The estimates of seasonal loadings and event mean concentrations shall be
included in the ANNUAL REPORT for Year Four of the permit For the purposes
of this permit, a "major outfaU"is defIned as follows: .
· a pipe (or closed conveyance) system with a cross-sectional area equal 10 or greater
than 7.07 square feet (e.g.. if a single circular pipe system. an inside diameter of 36
inches or greater);
· a single conveyance other than a pipe. such as an open channel ditch, which is
associated with a drainage area of more than 50 acres;
· a pipe (or closed conveyance) system. draining "industrial land use." with a cross-
sectional area equal to or greater than 0.79 square feet (e.g.. if a single circular pipe
system. an inside diameter of 12 inches or greater); or
· a single conveyance other than a pipe. such as an open channel ditch. which is
associated with an "industrial land USt" drainage area ofmorc Iban 2 acres;
TABLE V.A.I. - PARAMETERS
Biocbemical Oxv en Demand (BOD) (m
Chemical Ox en Demand (COD (m
ToW Sus nded Solids (TSS) (m
Total Dissolved Solids (1'OS (m )
Total Kjeldahl Nitrogen (as N) (mg/J)
Total Recoverable Zinc m )
TOlal Recoverable C
)
Total Recoverable lad (mg,1)
Total Recoverable Cadmium (m )
Pinellas County Permittees
PART V . Page 82
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NPDES PermiJ No. FLS000005
.,
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As per 40 CFR 122.26(d)(2)(ili)(A)(3), quantitative data from the representative
outfalls sampled for the Part 2 Application shall be provided to EPA. In the Part 2
Application submitted by PineUas County, it states that the County sampled all
storm events for the pollutants derailed in Section 122.26(d)(ili)(A)(3); however,
only provided the results of the tests which C4ualed or exceeded the minimum
detection limits for each parameter. In the ANNUAL REPORT for Year One of
the permit, Pinellas County shan prmide document3tion (i.e., copies of the
signed laboratory chemical analysis sheets) for eacb of the eighteen storm
events reported in the Part 2 Application.
,
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B.
Monitoring Data Collection. According to the agreements established between
permittees, the follo\\ring monitoring program shall be developed and implemented:
...
I
1.
Monitoring: Establish local monitoring stations in conjunction with the State of
florida's Surface Water Ambient Monitoring Program. (See defmition of the
Surface \Vater Ambient Monitoring Program in Part VITI for description of
program goals and monitoring srrategies.) The selection of the monitoring stations
shall be the result of a cooperative effon between the permittees, EPA. and Florida
Department of Environmental Protection (FDEP). The US Fish and Wildlife
SeIVice and the US National Marine Fisheries Service will be invited to assist in
this cooperate effon, providing expertise on wildlife and fish resources.
Acceptance of the monitoring program components proposed by the permittees in
the September 1993 (Final) Pan 2 application submittal shall be explored before
any alternative monitoring programs are introduced. The number of monitoring
stations as well as the type of sampling performed shall be established in
accordance with the following:
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Pinellas Count) Pennittees
PART V . Page 83
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a.)
The costs associated with the monitoring program developed shall not
exceed the projected costs for the monitoring program proposed by the
permittees in the September 1993 (Final) Pan 2 application submittal.
b.)
The monitoring program developed shall assist in detennining the impact of
storm water discharges on receiving waters located in the geographical
area covered by this permit
c.)
The monitoring program developed shall assist in determining the
effectiveness of the stonn water management programs being implemented
under this permit and shall assist in identifying and prioritizing portions of
the MS4 requiring additional controls.
I
NPDES PermiJ No. FLSOOOOOS
d.) The monitoring program developed shall be designed to help identify local
sources and impacts of specific pollutants considered a problem in the
geographic area covered by this permit Once the source and the impacts
are identified, these pollutants may be more effectively reduced or
eliminated.
e.) The selection of the monitoring stations and sampling program schedule
shall be agreed upon by the permittees, FDEP and EPA. The monitoring
program developed shall be implemented by the pennittees within 24
months of the effective date of this permit or within 12 months of the date
of program development, whichever is later. The details of the monitoring
program shall be submitted to EPA in the frrst ANNUAL REPORT. If an
agreement is not reached between the parties on the monitoring stations
and sampling program within 12 months of the effective date of the
permit, the pel111ittees shall implement the monitoring program proposed
in the September 1993 Part 2 application submittal no later than 24
months from the effective date of this permit.
It is the intent of EPA to use the monitoring information collecled to evaluate any
trends in the reduction in pollutant loads discharged to waters of the US during the
term of the permit. The pollutant loading trends will be used to evaluate the
effectiveness of the permittees' Storm Water Management Program to reduce the
discharge of pollutants to the MEP and its consistency \\ith State Water Policy,
2. Monitoring Data: For Pan V.B,l., records shall be maintained of all analytical
results. Additionally, for the monitoring program developed under Part V,B.1.
which involves storm event sampling. the records maintained shall include: the
date and duration (in hours) of the stonn event(s) sampled; rainfall measurements
or estimates (in inches or centimeters) of the storm event which generated the
sampled runoff; the duration (in hours) between the storm event sampled and the
end of the previous measurable (greater than 0.1 inch or 0.25 centimeter rainfall)
stonn event; and an estimate of the total volume (in gallons or liters) of the
discharge sampled.
3. Sample Analysis: All samples collected for Part V.B.l. shall be analyzed in
accordance with the methods specified at 40 CPR Pan 136,
4. Sampling Waiver. When a discharger is unable to collect samples required by Part
V.B.I. due to adverse climatic conditions, the discharger must submit in lieu of
sampling data, a description of why samples could not be collected. including
available documentation of the event Adverse climatic conditions which may
prohibit the collection of samples include weather conditions that create dangerous
conditions for personnel (such as local flooding, high winds, hurricane, tornadoes,
electrical storms, etc,) or otherwise make the collection of a sample impracticable
(drought, etc.).
Pinellas County Permittees
PART V . Page 84
.
II
.
.
II
II
.
.
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NPDES PenniJ No. FLSOOOOOS
c.
Annual Report. Each permittee shall contribute to the preparation of an annual
system-wide report to be submitted by no later than six months following the
period covered by the report. The ANNUAL REPORT shall cover the 12 month
period beginning on the effective date of this pennit and annually thereafter.
The preparation and submittal of a system-wide ANNUAL REPORT shall be
coordinated by a "committee." The "conunittee" shall include a member or
designated representative from each municipal entity covered by this permit Each
permittee shall be individually responsible for providing infonnation on the
portions of the MS4 for which they are the operator and for providing infonnation
for the system-wide report in a timely manner. Joint responsibility for the
ANNUAL REPORT submission shall belimited to the following: (1) participation
in preparation of the ovelView for the entire system; and (2) inclusion of the
identity of any permittee who failed to provide input to the report. Each pennittee
shall sign and certify the ANNUAL REPORT in accordance with Pan VlH. &
VI.!. of this permit, and shall include a statement or resolution that the pennittee's
governing body or agency (or delegated representative) has reviewed or has been
appraised of the content of the ANNUAL REPORT.
The AN}\TlJAL REPORT shall include the following sections:
· Contacts List
· SWMP Evaluation
· Swnmary Table
· Narrative Report
· Monitoring Section
· Sununary of SWMP and Monitoring Modifications
· F'1scal Analysis
· FOOT District Repon
· Appendices
The following items describe in more detail the specific requirements for the ANNUAL
REPORT.
1. Provide a list of contacts and responsible parties (e.g.: agency, name, phone
number) who had input to and are responsible for the preparation of the ANNUAL
REPOR T.
2, Provide an overall evaluation of the Stonn Water Management Program including:
Objective of Program; Major Findings (e.g.: water quality improvements or
degradation); Major Accomplishments; Overall Program Strengths I Weaknesses;
and Future Direction of Program.
Pinellas County Permittees
PART V - Page 85
/J
K, -r.~r-
, ~ _'1.J
EXHIBI'r B
~
--
MONITOIUNG FEES HASED ON ACREAGE
. Acrc.'lIge figures prodded hy Pi/lellas Acreage (~ [Redesign :Monitoring
~
; CU/lIlIY I>la/llli/lg Dept. (March 2{)()2) , I;\creauc 'fee (To be 'fee hased on
! :invoiced !% 3C.-e3UC
I :
, ~hetween !(To be
,
! ! lJan-l\lav
i invoiccd Oct
I 2003) 2003)
, i
i I Pincllas County I ()5380.53 53.04% $7.95~ $117,27~
1 2 Town of Belleair 968.08 O.790c $118 SI,736
I
~ City of Bcllcair Bcach I 229.32 0.19% S2B S411
,
I 4 City of Bcllcair Bluffs I 223.83 0.18% $27 $-101
5 City of Clcarwater 13283.6( 10.78% $1,617 $23,827
I 6 City of Duncdin 5622.11 4.56% S68~1 $1 O,O8~
f--
7 City of Gulfport I362.()3 1.11% $166 $2,443
8 City of Indian Rocks Bcach 397.94 0.32% $4~ $7104
9 Town of Kenncth City 355.51 0.29% $4~ $63B
I 10 City of Largo 9004.7'2 7.31% $1, 09~ $16,152
i
, II City of Madcira Bcach 444.23 0.36% $5~ $797
I
I
! l? Town ofN. Redington Bcach 128.38 0.10% $lti $23(]
~
City of Oldsmur 5051.1 t.J 4.10% $615 $9,O6(]
~ City of Pinellas Park 8291. 77 6.73% $1,009 $14,873
Town of Rcdington Bcach 155.06 0.13% $19' $278
--
16 Town of Rcdington Shorcs 139.07 0.11% $17 $249
~ City of Safety Harbor 2659.78 2.16% $32'" $"',771
18 City of St. Pete Bcach 1010.92 0.82% $123 $1,813
f-T9 City of Scminolc 2495.0 I 2.02% $30'" $4,475
20 City of South Pasadena 327.6( 0.27% $40 $588
21 City of Tarpon Springs 4970.87 4.03% $605 $8,916
- $921 ---
22 City of Trcasure Island 753.41 n.61 % $1,351
- I --
23 Florida DOT $1 O,OO~ $5,00(
,.--- - .
,
I
- I
I'OTALS 123255.02 100.00% $25,000.00, $226,O85.()(
--
Page 2() or 22
EXHIBIT C
COST ALLOCATION FOR rvl0NITORING PROGRAM IMPLEMENTATION,
OPERATION AND MAINTENANCE
1. CAPITAL EXPENSES
No capital cxpcnses arc to be incurred in fiscal year 2002-2003. Aftcr FY03, support will
include a fair cost-share rcimburscmcnt of eligible capital items. Capital itcms c1igible for
rcimbursement arc dcfincd as singlc itcm purchases cxceeding S750 and will be uscd only for the
monitoring program. Capital itcms will be strictly limited to multiprobc ficld instruments and
lightmctcrs (e,g. Hydrolabs and Licor light mctcrs) and will not include vehiclcs, boats, or
trailcrs that would bc subjcct to use for other sampling programs. Thcse items typically range in
price from $2.000-8.000 pCI' unit. The County's annual capital item reimburscmcnt chargccl to
thc co-permittees will not exceed $10,000 in any given ycar and will bc split amongst all co-
pcrmittecs according to thcir pcrccntage of acrcage as described in Exhibit "8."
2. OPERATING SUPPLIES
Opcrating supplics includc individual items Icss than $750 cach used cxclusively to support the
monitoring program. Examples include sample bottles, sample prcservatives, acids for cleaning
botlles and glassware, chemical standards, and discretc depth samplers (Alpha bottles), A
detailed list of all supplies purchased for the monitoring program will be provided along with
labor and laboratory analysis costs to all co-permittecs along with each reimbursement bill.
3, ANNUAL PRICE INCREASES
Somc co-pcrmittccs exprcssed an interest in limiting annual increases of thc monitoring program
to :S 5%. Basecl on program costs ovcr previous ycars, wc anticipatc that annual program cost
incrcascs (staff labor, supplics, laboratory chargcs) will not excecd 5% betwcen any two
scqucntial years, We cannot guarantce that in any givcn ycar, due to circumstances beyond our
control, somc cost incrcascs may exceed 5% (e.g. laboratory costs), and thus the overall program
cost increasc may excecd 5%, Our rcimburscmcnt proccss will be to simply pass-through our
program costs for any given year to the co-permittces,
See tablc on rcvcrsc page... . . . .. . . , ... . .. . . '. ... . .. .. .. .. . .. . . . .. , ... . .. . .. ,. .. ... . . .. .., . .., . .. . . . ., . . ..
Page 21 of 22
EXAMPLE INVOICE COST SUMlVlARY
Category County Cost Estimate
Labor S 54,495
Supplics S 7,800
Laboratory Analyses S 202,752
Total Program Costs S 265,047
Less St. Petcrsburg - $ 38,962
Contribution (14.7%)
$226085
Less FDOT Flat Fee - $ 5,000
Total Program Costs $ 260,047
(excluding FDOT)
Less St. Pctersburg - S 38,962
Contribution (14.7%)
FY03 Co-Permittee Total $ 221,085
(excluding FDOT)
Pagc 22 of 22
ITEM # 36
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Clearwater City
Commission
Agenda Cover
Memorandum
Worksession Item #:
)
'v!/\.. L /
.~~
Final Agp ida Item #
Meeting Date:
1-23.03
SUBJECT/RECOMMENDATION:
Disband the Clearwater Beach Entryway Advisory Committee
o and that the appropriate officials be authorized to execute same.
SUMMARY:
The Clearwater Beach Entryway Advisory Committee submitted a report to the Commission July 12, 2001,
and has not met during the past year. Changes to the roundabout's configuration have been made and the
center fountain removed. Should there be a need for a committee to address future entryway issues, a new
committee could be established.
Until such time the current committee is disbanded, the members are still subject to the provision of the
Sunshine Law.
Reviewed by:
Legal Nt A
Budget Nt A
Purchasing Nt A
Risk Mgmt Nt A
Info Srvc
Originating Dept.: Costs
0" Rec a Legis SrV~'~ Total
User Dept.:
NtA
Public Works /~0
DCM/ACM,' /
(
Other
Current FY
Funding Source:
CI
OP
Other
Attachments
Submitted by: -;) ~j. J J
City Manager ~ M..~JI-
o Printed on recycled poper
I None
Appropriation Code:
":.v.lw~~,
~~;J.:
c:i ,\1, II
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'P'A Tt9.~
Clearwater Cit\, Commission
Agenda Cover
Memorandum
Wori\session Item #: 1-13 I
-
Final Agenda Item # ~ :l
Meeting Date: 1/23/03
SUBJECT/RECOMMENDATION:
Approve construction authorization for the new Main Library to Turner Construction Company,
500 N. Westshore Blvd., Tampa, FL in an amount not to exceed $2,413.621,
lEI and that the appropriate officials be authorized to execute same.
SUMMARY:
This construction authorization for $2,413,621 will allow Turner Construction Company to
commence the next phase of the new Main Library project.
The construction budget for the new Main Library is $14,532,915. The Commission has authorized
510,787,294 of this budget (Turner's Fees and Construction Authorizations #1, #2 and #3).
Construction Budget
Turner's Fees
Construction Authorization #1
Construction Authorization #2
Construction Authorization #3
Construction Authorization #4
Total Remaining to Authorize
(July 12, 2001)
(April 18,2002)
(July 18, 2002)
(September 5, 2002)
(January 23, 2003)
Funds for Construction Authorization #4 come from the following sources:
City of Clearwater
Clearwater Library Foundation (Main Library Capital Campaiqn)
Total
514,532,915
($1,560,100)
($1,466,426)
($2,736,078)
($5,024,690)
($2,413,621)
$1,332,000
$ 313,621
$2,100,000
52,413,621
With approval of this agenda item, all City funds designated for construction will have been
authorized. The remaining $1.322.000 is anticipated funding from the Clearwater Library
Foundation's Main Library Capital Campaign.
Reviewed by:
Legal W- Info Srvc ~
Budget " Public Works r)
purChas~ DCMIACM ~
Risk Mgmt x Other x
Originating Dept:
Library/John Szabo J..t,
User Dept. I
Library
Costs
Total $2.413,621
Funding Source:
Current CI
FY
Attachments
Submitted by: "r.). j' At,
Ci~Manager ~ ~~~
o Printed on recycled paper
o None
Appropriation Code: 348-93523
Rev. 2/98
op
Other
Clearwater City Commission
Agenda Cover Memorandum
Worksession Item #:
-pp I
Final Agenda Item #
'-) " .
" ,)
Meeting Date: 01/23/03
SUBJECT/RECOMMENDATION: Approve the final amended budget for the Community Sports
Complex Development and Construction capital project in the amount of $22.512,997,
lEI and that the appropriate officials be authorized to execute same.
SUMMARY:
. At the February 17, 2000 City Commission meeting the Community Sports Complex
Development and Construction capital project was created.
. At subsequent City Commission meetings of May 18, 2000, July 20, 2000, October 1, 2000
and March 1,2001 additional funding was approved in a total amount of $6,407,997, for a
current total budget of $21,907,997.
. In conjunction with County and State funding for this project, the City issued bonds in the
amount of $15.124,575.
. Additionally, the Development Agreement dated March 1,2001, and subsequent Amendatory
Agreement dated May 16, 2002, approved by the Commission provides for $17,500,000 for
the construction of this project. The balance of the funding in the project to be used for City
expenses for the development of this project.
. Commission approval is required to approve the new project budget.
. The first quarter budget amendment will provide a net increase of $605,000 in budget
amendments to establish the final total recommended budget of $22,512,997 for the stadium
recognizing the actual bond proceeds, state and county proceeds. and related sources of
funds.
. In addition, a first quarter amendment will transfer $250,000 of insurance proceeds from the
Community Sports Complex construction project to establish a new project to replace the
Bomber Stadium that was demolished to make way for the new Community Sports Complex.
Reviewed by:
Legal NA
Budget ~:
Purchasing NA
Risk Mgmt NA
Info Srvc NA
Public wor~s
DCM/ACM
Other Fina co ~~<
Originating Dept: Costs
Parks & Recreation DePl' /;/ 10tal N/A
Kevin Dunbar, Director C.' t'" /
User Dept. \\ /1 Current FY N/A
,/
Parks & Recreation De ~:'
Attachments:
Funding Source:
CI
OP
Other X
Submitted by:
City Manager
o None
A ro rlntlon Code: N/A
Printed on recycled paper
Rov. 2/98
Final A,genda Hem Ii
I) D J-.
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Cleanvater City
Commission
Agenda Cover
Memorandun1
Work SessIOn ttem #:
l\'lcctin~ Dale:
/-",,3 (' 5
SUBJECT IRECOMMENDATION:
Approve an expansion to the Police Department's Take Home Car Plan to increase visibility
of patrol officers and vehicles to the citizens of Clearwater in the total aIll0unt of
$372,700.00 for cars and equiplnent. This purchase will include the awarding of a contract
to Don Reid Ford of Maitland, Florida. in the anlOunt of $247,150.00. for the purchase of
ten (10) 2003 Ford Crowll Victoria Police Sedans, in accordance with Sec. 2.564 (l)(d)
Florida Sheriffs Association Bid 02-010-0826.
00 and that the appropriate olTiciats be authorized to e.xecute same.
. The take hOlne car program is a priInary n1ethod to enhance the perception of safety for
the citizens of Clearwater by having nlOre marked patrol cars disbursed throughout the
city. This progrmn will maxim.ize the visibilit.y of patrol officers who reside in Clearwater
and also officers working off-duty assignments by using a marked patrol car.
. The Police Departn1ent is experiencing a loss of police officers to agencies that provide
take home cars. The take home car progrmn will assist in providing an initiative to
retain our officers. This progrmn is being expanded to include patrol officers who reside
in enclaves within the city's planning region. The progran1 expansion will add one car
for an officer who resides in an enclave. and nine cars for officers currently residing or
who are planning to reside in the city.
. An annual estilnated total iInpact of$10,OOO is expected for fuel and maintenance.
Monthly maintenance costs will be absorbed through the general fund budget. Due to
the expected delivery date occurring late this fiscal year, the actual budget impact will
be limited.
. The ten additional cars will need to be replaced in five to eight years. Officers are
required to provide assistance, and answer calls, when they are on or off duty while
assigned a take h0I11e car.
DC,'vVAC
Other (Fleet)
NA
Originating,Oeyt:
Potice -f-ll~
Prepared by: Sherry Hunt
User Dept. D
Police ~.
Costs
Reviewed by:
Legal
Budget
Purchasing
Risk Mgmt
l~
Info Srvc
NfA
N/A
T olill SJ72,iOO.OO
Submitted by: J j
City Manager ~ ~. _
[:EJ Nonc
runding Source:
Current FY $J72,iOO,OO (I
OP
Other 2e' Pro'cel
Appropriation Code: 181-99331-5(14000-521-000
($247,150.00) ,md 181-99329-564000-521-000
($ 125,550.00)
Attachments
Printed on recycled paper
Rev. 12/02
· The total cost of the program is $372,700.00, which includes the following: ten (10)
vehicles for a total of $247.150.00; ten (10) vehicle equipment packages for a total of
$85,550.00; and ten (10) vehicle technology equipment packages for a total of
$40.000.00.
· Funding sources for the program are available in "SLEF" Special Project Code 181-
99331-564000-521-000 for $247,150.00 and "Investigative Cost Recovery" Special
Project Code 181-99329-564000-521-000 for $125.550,00.
2
2
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Clearwater City Commission
Agenda Cover l\Ilemorandum
Worksession Item #: '-5 G I
Final Agenda Item # !-f ;
Meeting Date: 01/23/03
SUBJECT/RECOMMENDATION: Approve a Joint Project Agreement with the State of Florida's
Department of Transportation to relocate natural gas mains during improvement project, FPN:
2571050-1-56-03/WPI No. 7117138/SPN: 15120-3527/Pinellas County, SR 688 (Ulmerton Road)/ from
Oakhurst to 119th Street, at an estimated cost of $321,160.50, and adopt Resolution 03-06,
00 and that the appropriate officials be authorized to execute same.
SUMMARY:
. The Florida Department of Transportation (FDOT) has a project to widen/improve S.R. 688 (Ulmerton
Road from Oakhurst to 119th Street including roadway, sidewalk. other improvements, and utilities to
include those existing Clearwater Gas System facilities which conflict with the design.
. Under the Joint Project Agreement (JPA), the State of Florida's Department of Transportation general
contractor will perform the relocation of existing natural gas mains.
. Having the State of Florida's Department of Transportation general contractor install the natural gas
mains allows for work to be done in a timely manner and releases Clearwater Gas System from penalty
payments.
. Funding for this agreement is available in capital project 315-96374. Pinellas Line Relocation.
Legal 1lIr--
Budget -'
~~-
Purchasing N/A
Risk Mgmt N/A
Info Srvc
N/A
\
Originating Dept: vrJ
Clearwater Gas System
(Tom Robertson)Y71../).1 \
User Dept. U~
Costs
Total $321,160.50
Estimated
Reviewed by:
Public Works N/A
DCM/ACM /if Clearwater Gas System
Funding
Source:
Current FY 02103
CI
x
Attachments
$321,160.50
Estimated OP
Other
Other
N/A
Submitted by:
City Manager
Bat ~-.tJ
o None
Res 03-06
Location Map
Appropriation Code:
315-96374
o Printed on recycled paper
Rev. 2/98
RESOLUTION NO. 03-06
A RESOLUTION OF THE CITY OF CLEARWATER,
FLORIDA, APPROVING THE EXECUTION OF A UTILITY
JOINT PROJECT AGREEMENT WITH THE STATE OF
FLORIDA DEPARTMENT OF TRANSPORTATION
REGARDING RELOCATION OF NATURAL GAS MAINS
FOR THE IMPROVEMENT PROJECT FOR STATE ROAD
595 FROM DREW STREET TO MONROE STREET;
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the State of Florida Department of Transportation (FDOT) has a
project to widen/improve State Road 688 (Ulmerton Road) from Oakhurst to 119th
Street including roadway, sidewalk, other improvements and utilities to include those
existing Clearwater Gas System facilities which conflict with the design; and
WHEREAS, under the Joint Project Agreement, the FDOT's general contractor
will perform the relocation of existing natural gas mains; and
WHEREAS, having FOOT's general contractor relocate the natural gas mains
allows for the work to be done in a timely manner and releases Clearwater Gas System
from penalty payments; now, therefore,
BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF CLEARWATER, FLORIDA:
Section 1. The City Commission hereby accepts and approves the Joint Project
Agreement between the City and the State of Florida Department of Transportation,
identified as Utility Work By Highway Contractor Agreement, Financial Project ID
256888-1-56-02, a copy of which is attached as Exhibit A.
Section 2. The City Commission hereby authorizes the Mayor-Commissioner
and City Manager to sign the Joint Participation Agreement described in this resolution
and associated documents.
Section 3. This resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED this
day of
,2003.
Brian J. Aungst
Mayor-Commissioner
A(&1f):;2-
Paul Richard Hull
Assistant City Attorney
Attest:
Cynthia E. Goudeau
City Clerk
Resolution No. 03-06
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i\'IEi\IORANDUi\'I OF AGREEi\IENT
TI-ilS AGREElvlENT, madc and entered into this __, day of
2002, by and bctwccn the State of Florida, Dcpartment of Transportation, hcrcinafter referred
to as "FDOT" and the State of Florida, Departmcnt of Insurance, Division of Treasury,
hcrcinafter referred to as II Treasury II and City of Clearwater Gas System, hercinafter referred
to as the "Participant".
'VITNESSETH
\VHEREAS, "FDOT" is currently constructing the following project:
Main Financial Projcct No.: 257050-1-56-03
County: PINEL LAS
Hereinafter referred to as the "Project".
NOTE: ONLY THE NEXT T\VO PARAGRAPHS lVIA Y BE MODlFfED AS
APPROPRIATE WITHOUT PRIOR APPROVAL OF THE DE? AR TMENT'S
CO"MPTROLLER.
WHEREAS, FOOT and the Participant entered into a Locally Funded Agreement dated
. 2002, wherein FDOT agre~d to perform certain work on behalf of the
Participant in conjunction with the Project.
WHEREAS, the parties to this AGREEMENT mutually agreed that it would be in the best
interest of the FDOT and the Participant to establish an interest bearing escrow account to provide
funds for the work perfonned on the Project on bchalf of the Participant by the FDOT.
NOW THEREFORE, in consideration of the premiscs and the covenants contained herein,
the parties agree to the following:
1. An initial deposit in the ammint of $ 321.160.50 (Three hun~red twenty one
t~.9usand one hundred sixty -- dollars and fifty cents)
will be made by the Participant into an interest bearing escrow account established by the
Department for the purposes of the project. Said escrow account will be opened with the
Department of Insurance, Division of Treasury, Bureau of Collateral Securities on behalf of the
FOOT upon receipt of this Memorandum of Agreement. Such account will be an asset of FOOT.
2. Other deposits will be made only by the Palticipant as necessary to cover the cost of
additional work prior to the execution of any Supplemcntal Agreements or Amendments.
Florida Department of Transpol1ation
Office of Comptroller
3717 Apalachee Parkway, Suite E
i\lail Station 24
Tallahassee, Florida 32311
ATTN: LFA Coordinator
3. All deposits shall be made payable to the Department of Insurance. Revenue
Processing anJ mailed to the FDOT Ofticc of Comptroller for appropriate processing at the
following address:
A copy of this Agreement should accompany any deposits. \-Vhen the check is mailed to
Tallahassee, the District Office should instruct the Participant to mail the District Office a
copy of the check.
4. The FDOT's Comptroller or designee(s) shall be the sole signatories on the escrow
account with the Department of Insurance and shall have sole authority to authorize withdrawals
from said account.
5. Unless instructed otherwise by the parties hereto, all interest accumulated in the
escrow account shall remain in the account for the purposes of the project as defined in the LF A.
6.
FDOT.
The Treasurer agrees to provide written confirmation of receipt of funds to the
7.
The Treasurer's Office further agrees to provide periodic repOIts to the FDOT.
ST ATE OF FLORIDA
DEPARTrv.1ENT OF TRANSPORTATION
CONIPTROLLER
STATE OF FLORIDA
DEPART!v1ENT OF INSURANCE
DIVISION OF TREASURY
PARTICIPANT SIGNATURE
William B. Horne, IT
City'Nlanager
PAR TICIP ANT NANIE & TITLE
1 12 S. Osccola A venuc
Clcarwater, Florida 33756
PARTICIPANT ADDRESS
59-6000289
FEDlr.RAL I!:MPLOYER 1]) NUMBER
ST,\TE OF neRID,\ DEPART'.IE~T OF TRMISPC'HATl011
7~ J-O~O.22
UTILITY WORK BY HIGHWAY CONTRACTOR AGREEMENT
(AT UTJI.ITY EXPENSE)
UTiLITIES
10.'01
P.lJ~ 1 ", 8
FinanciLlI Project 10: 257050-1-56-03
Work ProgrLlm 1t"!:1 No. (old): 7117138
Stnle Job No. (old): 15120-3527
Fedcml Project ID: N/A
_ County/Section No: 15/120
District Document No: N/A
THIS AGREEMENT. entered into this day of . year of , by and
between (he STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, hereinafter referred to as Ihe"FDOT", and
, hereinafter referred (0 as lhe "UAO";
WITNESSETH
WHEREAS, the FOOT is constructing. reconstructing, or otherwise changing a portion of a public road or publicly
owned rail corridor, said project being identilied as ULMERTON ROAD FROM OAKHURST TO 119th STREET
State Road No.: SR 688 . hereinafter referred to as the "Project"; and
WHEREAS, the UAO owns or desires to install certain utility facilities which are locnted within the limits of the
Project hereinafter referred to as the "Facilities. (said term shall be deemed to include utility facilities as the same may be
relocated. adjusted. installed, or placed out of service pursuant to th is Agreement); and
WHEREAS, the Project requires the location (vertically and/or horizontally), protection. relocation. installation.
adjustment or removal of the Facilities, or some combination thereof, hereinafter referred to as "Utility Work"; and
WHEREAS, the FOOT and the UAO desire to enter into a joint agreement pursuant to Section 337.403(1 )(b),
Florida Statutes for the Utility Work to be accomplished by the FOOT's contractor as part of the construction of the Project;
and
WHEREAS, the UAO, pursuant to the terms and conditions hereof, will bear certain costs associated with the
Utility Work; ,
NOW, THEREFORE, in consideration of the premises and the mutual covenants contained herein. the FOOT and
the UAO hereby agree as follows:
1. Design of Utility Work
a. UAO shall prepare, at UAO's sole cost and expense, a final engineering design, plans, technical special
provisions, a cost estimate, and a contingency Utility Work Scedule (said contingency schedule to be used
in the case of a bid rejection) for the Utility Work (hereinafter referred to as the "Plans Package") on or
before FEBRUARY , year of 2003 .
b. The Plans Package shall be in the same format as the FOOT's contract documents for the Project and
shall be suitable for reproduction.
c. Unless otherwise specifically directed in writing. the Plans Package shall include any and all activities and
work effort required to perform the Utility Work, incl uding, but not limited to, all clearing and grubbing,
survey work, and shall include a traffic control plan.
d. The Plans Package shall be prepared in compliance with the FOOT's Utility Accommodation Manual and
the FDOT's Plans Preparation Manual in effect at the time the PIClns Package is prepared. and the FOOT's
contract documents for the Project. If the FOOT's Plans Preparation Manual has been updated and
conflicts with the Utility Accommodation Manual, tho Utility Accommodation Manual shall apply where
such conflicts exist.
e. The technical special provisions which are a part of the Plans Package shall be prepared in accordance
with the FOOT's guidelines on preparation of technical special provisions and shall not duplicate or change
the general contracting provisions of the FOOT's Standard Specifications for Road and Bridge Construction
and any Supplemental Specifications, Special Provisions. or Developmental Specifications of the FOOT for
the Project.
Exhibit "A" to Resolution 03- 06
...:. .:.t'~.:2
.... ':'lllT12:;
1001
~";:;e2cfg
L UAO sl1all provide a copy of the proposed Plans Package to the FOOT, and to sucl1 other right of way
users as designated by the FOOT, for review at the following stages: Ph IV, Final
Prior to submission of the proposed Plans Package for review at tl1ese stages, tile UAO shall send the
FOOT a work progress schedule explaining how tile UAO will meet the FOOT's production schedule. The
work progress schedule shall include the review stages, as well as other milestones necessary to complete
the Plans Package within the time specified in Subparagraph a. above.
g. In the event that the FOOT finds any deficiencies in the Plans Package during the reviews performed
pursuant to Subparagraph f. above, the FOOT will notify the UAO in writing of the deficiencies and tile UAO
will correct the deficiencies and return corrected documents within the time stated in the notice. The
FOOT's review and approval of the documents shall not relieve the UAO from responsibility for subsequently
discovered errors or omissions.
h. The FOOT shall furnish the UAO such information from the FOOT's files as requested by the UAO;
however. the UAO shall at all time be and remain solely responsible for proper preparation of the Plans
Package and for verifying all information necessary to properly prepare the Plans Package, including survey
information as to the location (both vertical nnd horizontal) of the Facilities. The providing of information by
tile FOOT shall not relieve the UAO of this obligation nor transfer any of thnt responsibility to the FOOT.
i. The Facilities and the Utility Work will include all utility facilities of tile UAO which are located within the
limits of the Project. except as generally summarized as follows: N/A
These exceptions shall be handled by separate arrangement.
j. If any facilities of the UAO locat8d within the project limits are discovered after work on the project
commences to be qualified for relocation at the FDOT's expense, but not previously identified as such, the
UAO shall file a claim with the FOOT for recovery of the cost of relocation thereof. The filing of the claim
shall not necessarily entitle the UAO to payment, and resolution of the claim shall be based on a
determination of fault for the error. The discovery of facilities not previously identified as being qualified for
relocation at the FOOT's expense shall not invalidate this Agreement.
k. The UAO shall fully cooperate with all other right of way users in the preparation of the Plans Package.
Any conflicts that cannot be resolved through cooperation shall be resolved in the manner determined by
the FOOT.
I. Upon completion of the Utility Work, the Facilities shall be deemed to be located on the public road or
publicly owned rail corridor under and pursuant to the Utility Permit: To be applied for at a later date
(Note: It is the intent of this line to allow either attachment of or sepamte reference to the permit).
2. Performance of Utility Work
a. The FOOT shall incorporate the Plans Package into its contract for construction of the Project.
b. The FOOT shall procure a contract for construction of the Project in accordance with the FDOT's
requirements.
c. If the portion of the bid of the contractor selected by the FOOT which is for performance of the Utility Work
e';ceeds the FOOT's official estimate for the Utility Work by more than ten percent (10%) and the FOOT
c oes not elect to participate in the cost of the Utility Work pursuant to Section 337.403(1 )(b). Florida
S~atutes, the UAO may elect to have the Utility Work removed from the FOOT's contract by notifying
the FOOT in writing within 14 days from the dnte that the UAO is notified of the bid amount.
Unless this election is made. the Utility Work shall be performed as part of the Project by the FOOT's
contractor.
d. If the UAO elects to remove the Utility Work from the FOOT's contract in accordance with Subparagraph 2.
C., the UAO shall perform the Utility Work separately pursunnt to the terms and conditions of the FOOT's
stcmdard relocation agreement. the terms and conditions of which are incorpornted herein for that purpose
by this reference. and in Clccordnnce with the contingency relocation schedule which is a part of the Plans
Package. The UAO shall procoed immediately with the Utility Work so as to cause no delny to the FOOT
or the FOOT's contrnctor in constructing the Project.
~.: :'J.2~
,,7:LITIES
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e. The UAO shnll perform nil engineering inspection, testing. c1l1d monitoring of the Utility 'Nark to insure that
it is properly performed in accordance with the Plnns Package except for the following activities:
N/A
and will furnish the FOOT with daily diary records showing approved quantities and amounts for weekly,
monthly, and final estimates in nccordnnce with the format required by FOOT procedures.
f. Except for the inspection, testing, monitoring and reporting to be performed by the UAO in accordance with
Subp<:lrngraph 2. e.. the FOOT will perform all contract administration for its construction contract.
g. The UAO shall fully cooperate with the FOOT nnd the FOOT's contractor in all matters relating to the
performance of the Utility Work.
h. The FOOT's engineer has full authority ovm ttle Project and the UAO shall be responsible for coordinating
and cooperating with the FOOT's engineer. In so doing, the UAO sholl make such adjustments and
changes in the Plans Package ns the FOOT's engineer shnll determine are necessary for the prosecution
of the Project.
i. The UAO shall not make any changes to the Plans Package after the date on which the FOOT's contract
documents are mniled to Tallahassee for advertisement of the Project unless those changes fall within the
categories of changes which are allowed by supplemental agreement to the FOOT's contract pursuant to
Section 337.11, Florida Statutes. All changes, regardless of the nature of the change or the timing of the
change, shall be subject to the prior approval of the FOOT.
3. Cost of Utility Work
a. The UAO shall be responsible for all costs of the Utility Work and all costs associated with any
adjustments or changes to the Utility Work determined by the FOOT's engineer to be necessary. including,
but not limited to the cost of changing the Plans Package and the increase in the cost of performing the
Utility Work, unless the adjustments or changes are necessitated by an error or omission of the FOOT.
The UAO shall not be responsible for the cost of delays caused by such adjustments or changes unless
they are attributable to the UAO pursuant to Subparagraph 4.a.
b. The initial estimate of the cost of the Utility Work is $321,160.50 . At such time as the FOOT
prepares its official estimate, the FOOT shall notify the UAO of the amount of the official estimate for the
Utility Work. Upon being notified of the official estimate, the UAO shall have five (5) working days within
which to accept the official estimate for purposes of making deposits and for determining any possible
contribution on the part of the FOOT to the cost of the Utility Work. or to elect to have the Utility Work
removed from the FOOT's contract and performed separately pursuontto the terms and conditions set forth
in Suboaraqraoh 2. d. hereof.
c. At least Fourteen ( ..l1_ ) calendar days prior to the dote on which the FOOT advertises
the Project for bids. the UAO will pay t the FDOT an amount equal to the FOOT's official estimate; plus
_ % for administrative costs of field work, tabulation of quantities. Final Estimate processing and
Project accounting (said amounts are to be hereinafter collectively referred to as the "Allowances"); plus
10% of the official estimate for a contingency fund to be used as hereinafter provided for changes to the
Utility Work during the construction of the Project (the "Contingency Fund").
d. Payment of the funds pursuant to this paragraph will be made (choose one):
o
[&]
directly to the FOOT for deposit.
as provided in the attached Memorandum of Agreement between the UAO, the FOOT, and the
State of Floridn, Department of Insurance, Division of Treasury. Deposits of less than $100,000 to
be escrowed must be pre-approved by the Depnrtment of Insurance and FOOT Comptroller's Office
prior to execution of this agreement.
t'l).010.~J
UTILITIES
10'01
?a'.1H" of 9.
e. If the portion of the contmctor's bid selected by the FOOT for pcrformrlnce of the Utility Work exceeds the
amount of the deposit made pursuant to Subpilrngraph c. above, then subject to and in nccorclilnce Witll the
limitations and conditions established by Subpmagr<lph 2. c. llarcof rcgnrding FOOT particlpiltion In the
cost of the Utility Work <md the UAO's election to remove the Utility Work from tile Project, the lJAO S 118 II ,
within fourteen (14) calendar days from notification from the FOOT or prior to posting of the accepted bid,
whichever is earlier, pay an additionnl nmount to tile FOOT to bring the total amount p<lid to the total
obligation of the UAO for the cos~ af the Utility Work, plus Allowances and 10% Contingency Fund. The
FOOT will notify the UAO DS soon .1S it becomes nppment the accepted bid nmount plus nllow<lnces <lnd
contingency is in excess of the advance deposit amount; however, fni/ure of the FOOT to so notify the UAO
shall not relieve the UAO from its obligntion to pny for its full share of project costs on final accounting as
provided herein below. In the event thnt the UAO is oblig<lted under this Subpnrngraph 3.e. to pay an
additional amount and the additional nmountthnt tllO UAO is obligated to pay does not exceed the
Contingency Fund already on deposit, the UAO shall have sixty (60) calendar days from notification from
the FOOT to pay the additional amount, regardless of when the accepted bid is posted.
f. If the accepted bid amount plus allowances and contingency is less than the advance deposit amount, the
FOOT will refund the amount that the advance deposit exceeds the bid amount. plus allowances Llnd
contingency if such refund is requested by the UAO in writing and iJpproved by the Comptroller of the FOOT
or his designee.
g. Should contract modifications occur tllLlt increase tho UAO's share of total project costs. the UAO will be
notified by the FOOT accordingly. The UAO agrees to provide, in advance of the additional work being
performed. adequate funds to ensure that cash on deposit with the FOOT is sufficient to fully fund its share
of the project costs. The FOOT shall notify the UAO as soon as it becomes apparent the actual costs will
overrun the award amount; however. failure of the FOOT to so notify the UAO shall not relieve the UAO from
its obligation to pay for its full share of project costs on final accounting as provided herein below.
h. The FOOT may use the funds paid by the UAO for payment of the cost of the Utility Work. The
Contingency Fund may be used for increases in the cost of the Utility Work which occur because of
quantity overruns or because of adjustments or changes in the Utility Work made pursuant to
Subparagraph 2. h. Prior to using any of the Contingency Fund. the FOOT will obtain the written
concurrence of the person delegated that responsibility by written notice from the UAO. The delegatee
shall respond immediately to all requests for written concurrence. If the delegatee refuses to provide written
concurrence promptly and the FOOT determines tl1at the work is necessary, the FOOT may proceed to
perform the work and recover the cost thereof pursuant to the provisions of Section 337.403(3), Florida
Statutes. In the event that the Contingency Fund is depleted, the UAO shall. within fourteen (14) calendar
days from notification from the FOOT, pay to the FOOT an additional 10% of the total obligation of the UAO
for the cost of the Utility Work established under Subpnragmph 3. e. for future use as the Contingency
Fund.
i. Upon final payment to the Contractor, the FOOT intends to have its final and complete accounting of all
costs incurred in connection with the work performed hereunder within three hundred sixty (360) days. All
project cost records and accounts shall be subject to audit by a representative of the UAO for a period of
three (3) years after final close out of the Project. The UAO will be notified of the final cost. Both parties
agree that in the event the final accounting of total project costs pursuant to the terms of this agreement is
less than the total deposits to date, a refund of the excess will be made by the FOOT to the UAO. In the
event said final accounting of total project costs is greater than the total deposits to date, the UAO will pay
the additional amount within forty (40) calendar days from the date of the invoice. The UAO agrees to pay
interest at a rate as established pursunnt to Section 55.03. Florida Stntutes. on any invoice not pnid within
the time specified in the preceding sentence untillhe invoice is paid.
4, Claims Against UAO
a. The UAO shall be responsible for all costs incurred as a result of any delay to the FOOT or its contractors
caused by errors or omissions in the Plnns Package (including inaccurate location of the Fncilities) or by
failure of the UAO to properly perform its obligations under this Agreement in a timely mnnner.
b. In the event the FDOT's contractor provides a notice of intent to make a claim against the FDOT relClting to
the Utility Work, Ihe FOOT will notify the UAO of 1I1e notice of intent nnd the UAO will thereafter keep and
maintain daily field reports and all other records relating 10 the intended claim.
710,010,n
UTILITIES
10:01
P,lgO 501 B
c. In the event the FOOT's contractor makes any claim against the FOOT relating to the Utility Work, the
FOOT will notify the UAO of the claim and the UAO will cooperLlto with the FOOT in nnalyzing and resolving
the claim within a reasonable time. Any resolution of any portion of the claim directly between the UAO
and the FOOT's contractor shnll be in writing, shall be subject to written FOOT concurrence and shall
specify the extent to which it resolves the claim against the FOOT.
d. The FOOT may withhold payment of surplus funds to the UAO until final resolution (including any actuClI
payment required) of all claims relating to the Utility Work. The right to withhold shall be limited to acluill
claim payments made by the FDOT to the FDOT's contractor.
5. Out of Service Facilities
No Facilities shClII be plClced out of service unless specifically identified as such in the Plans. The following terms
and conditions shall apply to Facilities placed Out-of-Service:
a. The UAO Clcknowledges its present and continuing ownership of and responsibility for out of service
Facilities.
b. The FOOT agrees to Clllow the UAO to leave the Facilities within the right of way subject to the continuing
satisfactory performance of the conditions of this Agreement by UAO. In the event of a breach of this
Agreement by the UAO, the Facilities shall be removed upon demand from the FOOT in accordance with
the provisions of Subparagraph e. below.
c. The UAO shall take such steps to secure the Facilities and otherwise make the Facilities safe in
accordance with any and all applicable local, state or federal laws and regulations and in accordance with
the legal duty of the UAO to use due care in its dealings with others. The UAO shall be solely responsible
for gathering all information necessary to meet these obligations.
d. The UAO shall keep and preserve all records relating to the Facilities, including, but not limited to, records
of the location. nature of, and steps taken to safely secure the Facilities and shall promptly respond to
information requests of the FOOT or other permittees using or seeking use of the right of way.
e. The UAO shall remove the Facilities at the request of the FOOT in the event that the FOOT determines that
removal is necessary for FOOT use of the right of way or in the event that the FOOT determines that use of
the right of way is needed for other active utilities that cannot be otherwise accommodated in the right of
way. Removal shall be at the sole cost and expense of the UAO and without any right of the UAO to object
or make any claim of any nature whatsoever with regard thereto. Removal shall be completed within the
time specified in the FOOT's notice to remove. In the event lhat the UAO fails to perform the removal
properly within the specified lime. the FOOT may proceed to perform the removal at the UAO's expense
pursuant to the provisions of Sections 337.403 and 337.404, Florida Statutes.
f. Except as otherwise provided in Subparagraph e. above, the UAO agrees that the Facilities shall forever
remain the legal and financial responsibility of the UAO. The UAO shall reimburse the FOOT for any and all
costs of any natura whatsoever resulting from the presence of the Facilities within the right of way. Said
costs shall include, but shall not be limited to. charges or expenses which may result from the future need
to remove the Facilities or from the presence of any hazardous substance or materinl in or discharging from
the Facilities. Nothing in this paragraph shall be interpreted to require the UAO to indemnify the FOOT for
the FOOT's own negligence; however. it is the intent that all other costs and expenses of any nature be the
responsibility of the UAO.
6. Default
a. In the event that the UAO breaches any provision of this Agreement. then in addition to any other remedies
which are otherwise provided for in this Agreement, the FOOT may exercise one or more of the following
options, provided that at no time shall the FOOT be entitled to receive double recovery of damages:
1. Terminate this Agreement if the breach is material and has not been cured within sixty (60) days
from written notice thereof from FOOT.
2. Pursue a claim for damages suffered by tile FOOT or the public.
3. If the Utility Work is reimbursable under this Agreement, withhold reimbursement pnyments until
the bronch is cured. The right to withhold shall be limited to actutll claim payments made by
FOOT to third parties.
'10.010.,2
UTILITIES
10/01
P.:t!Jt.! G of 8
4. If the Utility Work is reimbursable under this Agreement, offset any damages suffered by the FOOT
or the public against payments due under this Agreement for the snme Project. The right to offset
shnll be limited to actual clnim payments made by FDOT to third parties.
5. Suspend the issuance of further permits to the UAO for the placement of Facilities on FOOT
property if the breach is material and has not been cured within sixty (60) days from wrillen notice
thereof from FOOT.
6. Pursue any other remedies legally available.
7. Perform any work with its own forces or ttlrough contractors and seek repayment for the cost
thereof under Section 337.403(3), Florida Statutes.
b. In the event that the FOOT breaches any provision of this Agreement, then in addition to nny other
remedies which are otherwise provided for in the Agreement, the UAO may exercise one or more of the
following options:
1. Terminate this Agreement if the breach is material and has not been cured within sixty (60) days
from written notice thereof from the UAO.
2. If the breach is a failure to pay an invoice for Utility Work which is reimbursable under this
Agreement, pursue any statutory remedies that the UAO may havl'J for failure to pay invoices.
3. Pursue any other remedies legally available.
c. Termination of this Agreement shall not relieve either party from any obligations it has pursuant to other
agreements between the parties nor from any statutory obligations that either party may have with regard to
the subject matter hereof.
7. Force Majeure
Neither the UAO nor the FOOT shall be liable to the other for any failure to perform under this Agreement to the
extent such performance is prevented by an act of God. war, riots. natural catastrophe. or other event beyond the
control of the non-performing party and which could not have been avoided or overcome by the exercise of due
diligence; provided that the party claiming the excuse from performance has (a) promptly notified the other party of
the occurrence and its estimated duration. (b) promptly remedied or mitigated the effect of the occurrence to the
extent possible. and (c) resumed performance as soon as possible.
8, Indemnification
FOR GOVERNMENT-OWNED UTILITIES,
To the extent provided by law, the UAO shall indemnify, defend, and hold harmless the FOOT and all of its officers,
agents. and employees from any claim. loss, damage, cost, charge, or expense arising out of <'my acts, action,
error, neglect, or omission by the UAO. its agents, employees, or contractors during the performance of the
Agreement, whether direct or indirect, and whether to any person or property to which FOOT or said parties may be
subject, except that neither the UAO, its agents, employees. or contractors will be liable under this section for
damages arising out of the injury or damnge to persons or property direclly caused by or resulting from the
negligence of the FOOT or any of its officers. agents. or employees during the performance of this Agreement.
When the FOOT receives a notice of claim for damages that may have been caused by the UAO in the
performance of services required under this Agreement, the FOOT will immediately forward the claim to the UAO.
The UAO and the FOOT will evaluate the claim and report their findings to each olller within fourteen (14) working
days and will jointly discuss options in defending the claim. After reviewing the claim, the FOOT will determine
whether to require the pal1icipation of the UAO in the defense of the claim or 10 require the UAO to defend the
FOOT in such claim as described in this section. The FOOT's failure to notify tho UAO of a claim shnll not mlenso
the UAO from any of the requirements of this section. The FOOT and the UAO will pny their own costs for the
evaluation, settlement negotiations, nnd trial, if any. However, if only one pmty participates in the defense of the
claim at trial, that party is responsible for nil costs.
110010-Z:
\I [ILlTlE S
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P,'l,,, 7 of ~
FOR NON.GOVERNMENT-OWNED UTILITIES,
The UAO shall indemnify, defend, and hold h<lrmless Ihe FOOT and all of its officers, ngenls. and employees from
any claim. loss. damage, cost. charge. or expense urising out of any ncts, action, error, neglect. or omission by
the UAO. its agents, employees, or contractors during the performLlnco of the Agreement, whether direct or
indirect, and whether to any person or property to which FOOT or snid parties may be subject, except that neither
the UAO. its agents, employees, or contractors will be Iinble under this section for dnmages arising out of the
injury or damage to persons or property directly cLlused by or resulting from the negligence of the FDOT or Llny of
ils officers. agents, or employees during the performunce of this Agreement.
The UAO's obligation to indemnify. defend. Llnd pay for the defense or at the FDOT's option. to participate nnd
nssocinte with the FDOT in the defense and triLlI of nny dCllnnge cluim or suit and nny relnted selllement
negotiations. shall arise within fourteen (14) days of receipt by the UAO of the FOOT's notice of c1nim for
indemnificntion to the UAO. The notice of claim for indemnification shull be served by certified mnil. The UAO's
obligation to defend and indemnify within fourteen (14) dLlYs of such notice shall not be excused because of the
UAO's inability to evaluate liability or because the UAO evnluntes liability and determines the UAO is not liable or
determines the FDOT is solely negligent. Only n final adjudication or judgment finding tho FDOT solely negligent
shLlII excuse performance of this provision by the UAO. The UAO shull pay all costs and fees related to this
obligntion and its enforcement by tho FOOT. The FOOT's delay in notifying the UAO of a claim shall not release
UAO of the above duty to defend.
9, Miscellnneous
a. Time is of essence in the performance of all obligations under this Agreement.
b. The Facilities shall at all times remain the property of and be properly protected and maintained by the
UAO in accordance with the current Utility Accommodation Manual in effect at the time the Plans Package
is prepared and the current utility permit for the Facilities; provided, however, that the UAO shall not be
obligated to protect or maintain any of the Facilities to the extent the FOOT's contractor has that obligation
as part of the Utility Work pursuant to the FOOT's specifications.
c. The FOOT may unilaterally cancel this Agreement for refusal by the UAO to allow public access to all
documents. papers. letters, or other material subject to the provisions of Chapter 119, Florida Statutes. and
made or received by the UAO in conjunction with this Agreement.
d. This Agreement constitutes the complete and final expression of the parties with respect to the subject
matter hereof and supersedes all prior agreements. understandings. or negotiations with respect thereto.
except that the parties understand and agree that the FDOT has manuals and written policies and
procedures which may be applicable at the time of the Project and the relocation of the Facilities.
e. This Agreement shall be governed by the Inws of the State of Florida. Any provision hereof found to be
unlawful or unenforceable shall be sevemble and shall not affect the validity of the remaining portions hereof.
f. All notices required pursuant to the terms hereof mny be sent by first class United States Mail. facsimile
transmission, hand delivery, or express mail nnd shall be deemed to have been received by the end of five
business days from the proper sending thereof unless proof of prior actual receipt is provided. The UAO
shall have a continuing obligation to notify each District of the FDOT of the appropriate persons for notices
to be sent pursuant to this Agreement. Unless otllerwise notified in writing, notices shall be sent to the
following addresses:
If to the UAO:
Mr. Tom RoberLon, Clearwater Gas System
400 N. Mvrtle Avenue. Clearwater. FL 33755
If to the FOOT:
District Utility~: ,qineer I
11201 N. Me; ::ev Drive. 7-8~.__
Tampa. FL 38i312-6459_.____
71O-D1C>-:'2
ur.Lm2S
lC,'01
t:,J'jfr 6 ;! B
10. Certification
This document is a printout of an FOOT form mnintaincd in an electronic format nnd all revisions thereto by the
UAO in the form of additions, deletions, or substitutions are renected only in an Appendix entitled "Changes To
Form Document" and no change is made in the text of the document itself. Hand notntions on affected portions of
this document may refer to changes reflected in the above-named Appendix but are for reference purposes only and
do not change the terms of the document. By signing tilis document. the UAO hereby represents that no change
has been made to the text of this document except tilrough tile terms of the appendix entitled "Changes To Form
Document."
You MUST signify by selecting or checking which of the following applies:
@ No changes have been made to this Forms Document and no Appendix entitled "Changes To Form
Document" is attached.
o No changes have been made to this Form Document, but changes are included on the attached Appendix
entitled "Changes to Forms Document."
IN WITNESS WHEREOF. the parties hereto have executed this Agreement effective the day and year first written.
Countersigned: CITY OF CLEARWATER, FLORIDA
By:
Brian J. Aungst
Mayor-Comm issioner
William B. Horne, II
City Manager
Approved as to form:
Attest:
Assistant City Attorney
Cynthia E. Goudeau
City Clerk
Recommend Approval by the District Utility Office
BY: (Sign:lture)
DATE:
FOOT Legal Review
BY: (Signature)
DATE:
District Counsel
STATE OF FLORIDA
OEPARTMENT OF TRANSPORTAT10N
BY: (Signature)
DATE:
(Typed Name: Donald Skelton, P.E.
(Typed Title: Director of PlanninglProduction
)
)
FEDERAL HIGHWAY ADMINISTRATION (if applicable)
BY: (Signature)
DATE:
(Typed Name:
(Typed Title:
)
)
.-
Final Agenda Item #
Meeting Date
tl fC .~
'-/).-
~ _1I.~
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~A'.'"
----
Clearwater City
Commission
Agenda Cover
Memorandum
Worksession Item #:
1/23/03
SUBJECT/RECOMMENDA TION:
Adopt Resolution 03-04 authorizing FDOT Supplemental Agreement #4, to include one hundred
percent (100%) funding up to $20,000 dollars for additional security fencing at Clearwater Airpark.
00 and that the appropriate officials be authorized to execute same.
SUMMARY:
The Florida Department of Transportation (FDOT) has agreed to increase reimbursable funding to
include additional security fencing in the existing JPA for the design and construction of two - ten
plane T -hangars, one corporate hangar, the completion of the storm water management plan and the
emergency soil mitigation and fuel tank replacement at Clearwater Airpark.
The FOOT may participate in the security fence construction at one hundred percent up to a
maximum of $20,000 dollars. The total funding provided by the FOOT for this JPA remains the same
at $1,118,800. What the FDOT is doing is making this $20,000 available at 100% instead of the
80/20 split. The $4,000 (20% of $20,000) will remain in the project for future improvements.
This increase represents one hundred (100) percent participation on the part of the FOOT, and
nothing additional on the part of the City.
A copy of Supplemental Joint Participation Agreement Number 4 is available for review in Official
Records and Legislative Services.
Reviewed by: .' -. .
Legal / i .,"i"
\.j...~. .
l3udget 2~
Purchasing ~I\
Info Srvc
NiA
Originating Dept: ~ ~
Marine and Aviation (Bill Morris)
User Dept. ~<O'2..
Marine and Aviation
Costs
TOI<.11
Public Worl--s
NIA
Funding Source:
Current FY CI
DCM/ACM .
?;J----
RISk Mgrnl N/A
Other
Attachments
1. Resolution 03.04
o
p
Olller
~~~l~~~~::: Bell ~..__._--~~_~.~I_'~__._---_,,_.._..______,J Appropriation Code: ,_,
.:: Printed on recycled paper Rev. 2/98
BEf?OLUTJQN NO_._03-04
- .----
A I\ESOLUTION OF THE CITY OF CLEARWATER, FLORIDA
AUTHORIZING SUPPLEMENTAL AGREEMENT #4 TO INCLUDE
ONE HUNDRED PERCENT FUNDING UP TO $20,000 DOLLARS
FOr~ ADDITIONAL SECURITY FENCING IN AN EXISTING JOINT
PARTICIPATION AGREEMENT BETWEEN THE CITY OF
CLEARWATER AND THE STATE OF FLORIDA, DEPARTMENT
OF TRANSPORTATION. FOR THE DESIGN AND
CONSTRUCTION OF TVVO AIRCRAFT T-HANGARS, ONE
CORPORATE HANGAR. THE COMPLETION OF THE STORM
WATER MANAGEMENT PLAN AND THE EMERGENCY SOIL
MITIGATION AND FUEL TANK REPLACEMENT AT
CLEARWATER AIRPARK INCREASING DEPARTMENT
PARTICIPATION FROM EIGHTY TO ONE HUNDRED PERCENT;
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Florida Department of Transportation (FDOT) has agreed to
provide funding for additional security fencing under Joint Participation Agreement FM
No. 40300619401, Contract No. A1076, a copy of which is attached hereto as Exhibit
"A": now therefore,
131: IT HESOL VED BY THE CITY COMMISSION OF
THE CITY OF CLEARWATER, FLORIDA;
SegJLQn_J. Tile City COlllmission hereby accepts and approves Supplement #4
to the Joint Participntion ^nroolllont between the City and the State of Florida
Department of Transportation, FM No. 40300619401, Contract No. AI076 to include one
hundred percent funding LIP to $20,000 dollars for additional security fencing in the
existing JPA for the clesinn and construction of two aircraft t-hangars, one corporate
hangar, the completion of tho ~torrn water management plan and the emergency soil
mitigation and fuel tank roplilcOlllollt at Clearwater Airpark.
Section 2. This rosolution shall take effect immediately upon adoption.
PASSED AND ADOPTED Ihis
day of
2003.
Brian J. Aungst
Mayor-Commissioner
Approved as to form:
Attest:
..
Cynthia E. Goudeau
City Clerk
Resolution No 03-04
I. _I .-.).
STATE OF FLORIDA DEPAR.'.'E/H OF TRAtlSPORTATION
PUBLIC TRANSPORTATION
SUPPLEMENTAL JOINT PARTICIPATION AGREEMENT
Number 4
FORM 72!.J30.0~
PUBLIC TRANSP Am.m.. 0710t;
Pa~ 1 of':
FINANCIAL PROJECT NO.:
40300619401
Contract No.: AI076
Fund: 010
FLAIR Approp.: ..9Jl-'rrl~__._.____
FLAIR Obj.: 750004 _____. m
Org. Code: 5507202072~_._______... ___
Vendor No.: F596000289002
Function: 637
Federal No.: n/a
Catalog of Federal Domestic Assistance Number: n/a
Catalog of State Financial Assistance Number: 55004
THIS AGREEMENT, made and entered into this
day of
, ,
by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, an agency of the State of Florida,
hereinafter referred to as the Department, and Ci!y of Clearwater
P.O. Box 4748, Clearwater, Florida 34618-4748
hereinafter referred to as Agency.
WITNESSETH:
WHEREAS, the Department and the Agency heretofore on the 21 st
entered into a Joint Participation Agreement; and
WHEREAS, the Agency desires to accomplish certain project items as outlined in the Attachment "A" appended
hereto; and
of June
2000
WHEREAS, the Department desires to participate in all eligible items for this project as outlined in Attachment
"A" for a total Department Share of $1,118,800.00
NOW, THEREFORE THIS INDENTURE WITNESSETH: that for and in consideration of the mutual benefits to flow
from each to the other, the parties hereto agree that the above described Joint Participation Agreement is to be amended
and supplemented as follows:
1.00 Project Description: The project description is amended
to include: Security Fence Construction
Exhibi t "A"
FORM 72~030-07
PUBLIC TRANse ADMIN- 07iC<l
Pa;e 2 of 4
2.00 Project Cost:
Paragraph 3.00 of said Agreement is increased by $ 0.00
bringing the revised total cost of the project to $ 1,383,500.00
Paragraph 4.00 of said Agreement is increased by S 0.00
bringing the Department's revised total cost of the project to S 1.118,800.00
3.00 Amended Exhibits:
Exhibit(s) B
of said Agreement is amended by Attachment "A".
4,00 Contract Time:
Paragraph 18.00 of said Agreement is amended Not Applicable
FORM 725.03>:'
PUBLI::: TRAtJSP ADt.\IN . Q7 ,,:
Page 3 c' ~
Financial Project No. ~~0061940j____.
Contract No. AI076
Agreement Date _____.___ __on
Except as hereby modified, amended or changed. all other terms of said Agreement dated June 21 st, 2000
and any subsequent supplements shall remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have caused these presents be executed, the day and year first
above written.
AGENCY
DATE FUNDING APPROVED BY COMPTROLLER
(SEE ATTACHED ENCUMBRANCE FORM)
City of Clearwater
o
! ,
NAME
LEGAL REVIEW
DEPARTMENT OF TRANSPORTATI
William B. Horne II
City Hanager
TITLE
DEPARTMENT OF TRANSPORTATION
Dcnald J Skelton, P.E.,
District Director of Planning and Production
ATTEST:
Cynthia E. Goudeau, City Clerk
TITLE
Countersigned:
Brian J. Aungst. Hayor-Commissioner
as to form:
.'
"
FORM 7:5-C30-C7
PUBLIC TRAI'lSP ';01.'1\ .07.':.)
PalO ~ 0' 4
Financial Project No, 40300619401
Contract No. A/076
Agreement Date
ATTACHMENT "A"
SUPPLEMENTAL JOINT PARTICIPATION AGREEMENT
This Attachment forms an integral part of that certain Supplemental Joint Participation Agreement between
of Florida, Department of Transportation and City of Clearwater
P.O. Box 4748, Clearwater, Florida 34618-4748
dated
DESCRIPTION OF SUPPLEMENT (Include justification for cost change):
This Supplemental Agreement is to add a small amount of security fencing to the project and modify the funding to allow
a portion of the Department's funds to be used for the security fencing under Senate Bill 48B at 100% Department funds.
I.
Project Cost:
As Approved
Net Change
As Amended
$1,383,500.00
$0.00
$1,383,500.00
Total Project Cost
$1,383,500.00
$1,383,500.00
$0.00
II. Fund Participation: As Approved As Amended Net Change
Department: $1,118,800.00 $1,118',800.00 $0.00
Agency: $264.700.00 $264,700.00 $0.00
Other:
Total Project Cost $1,383,500,00 $1,383,500.00 $0.00
Comments:
The Department may participate in up to eighty percent of the non-federal share of this project as provided by Florida
Statute 332.007 (6) to a maximum of $1 ,098,800 dollars.
The Department may participate in the Security Fence construction at 100% up to a maximum of $20,000 dollars as
provided by Senate Bill 488.
89J.""
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Final Agenda I:em ::
'PD/
/ '1
L /)
Clear\\'ater City
Commission
Agenda Cover
Memorandum
Work Session I:em IS:
Meeting Date:
1-.2J (;.3
SUBJECT / RECOMMENDATION:
Adopt resolution 03-05 authorizing the Mayor-Commissioner to execute the Mutual Aid Agreement
which will permit voluntary cooperation and assistance of a routine law enforcement nature across
jurisdictional lines and operational assistance by and among these law enforcement agencics,
Q
and that the appropriate officiats be authorized to execute same.
~
<;
Mutual aid agreements between law enforcement agencies are authorized by Chapter 23.
Florida Statutes, for rendering voluntary assistance of a routine law enforcement nature to one
another across jurisdictional lines and providing operational assistance during emergencies.
'c:
~
The City of Clearwater and City of Largo recognize that an increasing number of criminals are
operating across jurisdictional lines and there is a need for continuing multi-jurisdictional
response to such unlawful activities. The law enforcement agencies want to continue the long
history of cooperation by forming a comprehensive agreement for mutual aid and the exercise of
police authority across jurisdictional boundaries.
c
.,
Aggressive drivers, speeders, and other traffic violators do not respect jurisdictional boundaries
and that violators sometimes commit the violations with impunity in the presence of a
municipal law enforcement officer from a neighboring jurisdiction. The City of Clearwater and
City of Largo desire to provide a multi-jurisdictional response to these areas of traffic
enforcement.
~
Both cities also recognize that traffic accident victims must sometimes wait for a response from
the agency in whose jurisdiction the incident occurred. To resolve this situation, the City of
Clearwater and the City of Largo would like to formalize a comprehensive agreement for mutual
aid.
'c:
'"'
Upon approval of this Mutual Aid Agreement the City of Clearwater and City of Largo Police
Departments may also request and render assistance, to deal with situations such as civil
disturbances, natural or man-made disasters, concerts, parades, and incidents requiring
utilization of specialized units.
Reviewed by: Ori~inating Oept: Costs
Police --2-1/~
~h
Legal Inio Srvc NA Prepared b),: Sherry Hunt Total
Budget IA P"bUe wmk;----~ User.DePt'_r~ .
Purchasing N/A DC\lIACM -=- Police""",- y~ Current FY
Risk Mgml N/A Other (Fleet) Att.lchments
-
Submitted by: -0 .~. J J _ _
City Manager g.&r, ~
o Printed on recycled paper
!{C'5 03-05
Funding S~urce:
CI
OP
Olher Sp. Project
C None
Appropriation Code:
Re,'. 12101
Resolution No, 03-05
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
CLEARWATER, FLORIDA, AUTHORIZING THE EXECUTION OF A
MUTUAL AID AGREEMENT BETWEEN THE CITY OF CLEARWATER
AND THE CITY OF LARGO; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Clearwater pursuant to Section 23.1225(1)(a), Florida
Statutes. is desirous of entering into an agreement that allows voluntary cooperation
and assistance of a routine law enforcement nature across jurisdictional lines by and
between the Clearwater Police Department and the Largo Police Department; and
WHEREAS. the City of Clearwater pursuant to Section 23.1225(1 )(b), Florida
Statutes, is desirous of entering into an agreement that allows cooperation by and
between the Clearwater Police Department and the Largo Police Department during civil
disturbances or other emergencies; and
WHEREAS, the City of Clearwater has deemed it to be in the best interest of its
citizens to enter into such a Mutual Aid Agreement with the City of Largo; and
WHEREAS, Section 23.1225(3)(b), Florida Statutes, states that the mayor or
chief executive officer of a municipality may enter into a Mutual Aid Agreement on behalf
of a law enforcement agency if authorized by the governing body of the municipality;
now therefore,
BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. The City Commission hereby authorizes the Mayor and City Manager
on behalf of the Clearwater Police Department to execute the "City of Clearwater and
City of Largo Combined Voluntary Cooperation And Operational Assistance Mutual Aid
Agreement For Law Enforcement Services." A copy of the Agreement is attached
hereto.
Section 2. This resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED this
day of
,2003.
Brian J. Aungst
Mayor-Commissioner
Approved as to form:
~ 1 '~ L Iir'
. (r(f.") 'I ).H~,:- ~-
Robert J(. ,surette
AssistanttCity Attorney
Attest:
Cynthia E. Goudeau
City Clerk
RC'sol uliol) 03-05
- .
,
CITY OF CLEARWATER AND CITY OF LARGO COMBINED VOLUNTARY
COOPERATION AND OPERATIONAL ASSISTANCE MUTUAL AID
AGREEMENT FOR LAW ENFORCEMENT SERVICES
THIS AGREEMENT is made and entered into this 1 sl day of February, 2003, by and
between the City of Clearwater and the City of Largo on behalf of their municipal police
departments (hereinafter those municipal police departments shall be referred to individually
as a "cooperating agency").
WITNESSETH:
WHEREAS, Part I, Chapter 23 of the Florida Statutes, the "Florida Mutual Aid Act,"
authorizes law enforcement agencies to enter into agreements for voluntary cooperation and
assistance of a routine law enforcement nature across jurisdictional lines by and between such
agencies; and
WHEREAS, Part I, Chapter 23 of the Florida Statutes, the "Florida Mutual Aid Act," also
authorizes law enforcement agencies to enter into operational assistance agreements whereby
each of the agencies may request law enforcement assistance from and render law
enforcement assistance to the other in a law enforcement emergency; and
WHEREAS, the City of Clearwater and the City of Largo recognize that an increasing
number of criminals are operating across jurisdictional lines and that there is a need for a
continuing multi-jurisdictional response to such unlawful activities; and
WHEREAS, aggressive drivers, speeders, and other traffic violators do not respect
jurisdictional boundaries; yet municipal law enforcement officers in the City of Clearwater and
the City of Largo are powerless to enforce traffic laws or conduct traffic-accident investigations
on a street located in view of the jurisdictional boundaries of the officer's employing
municipality but in the jurisdiction of the other cooperating agency; and
WHEREAS, the City of Clearwater and the City of Largo recognize that there is a need
for a continuing multi-jurisdictional response to persons who are involved in traffic accidents on
or who are operating vehicles in violation of traffic laws on streets located in view of the
jurisdictional boundaries of the officer's employing municipality but in the jurisdiction of the
other cooperating agency; and
WHEREAS, the City of Clearwater and the City of Largo desire to secure benefits of
such mutual aid for their respective jurisdictions; and
WHEREAS, the City of Clearwater and the City of Largo determine that it is in the best
interest of the health, safety and welfare of their citizens to enter into a Voluntary Cooperation
Agreement and Operational Assistance Agreement;
NOW, THEREFORE, the parties hereto agree as follows:
I. Provisions for Voluntary Cooperation
The undersigned law enforcement agencies hereby approve and enter into this Agreement
authorizing each of the cooperating agencies to request law enforcement assistance from and
to render law enforcement assistance to the other in dealing with any violations of Florida
Statutes to include. but not necessarily be limited to, investigating homicides, sex offenses,
Clearwater/Largo Mutual Aid Agreement Page 2 of 5
robberies, assaults, burglaries, larcenies. gambling. motor vehicle thefts, drug violations
pursuant to Chapter 893, Florida Statutes, backup services during patrol activities, and inter-
agency task forces and/or joint investigations.
II. Provisions for Operational Assistance
The undersigned law enforcement agencies hereby approve and enter into this Agreement
authorizing each of the cooperating agencies to request law enforcement assistance from and
to render law enforcement assistance to the other in a law enforcement emergency, to include
dealing with civil disturbances. large protest demonstrations, aircraft disasters, fires, natural or
man-made disasters, sporting events. concerts, parades, escapes from detention facilities, and
incidents requiring utilization of specialized units.
III. In-Progress Crime Assistance
A. Whenever a law enforcement officer from one jurisdiction views a felony or a
misdemeanor involving a breach of the peace occurring in the jurisdiction of the other
cooperating agency, the law enforcement officer may physically arrest the perpetrator
and preserve the crime scene. The officer shall immediately notify the cooperating
agency of the jurisdiction in which the incident occurred. Control of both the persons
apprehended and the crime scene will be relinquished to the first available officer from
the jurisdiction in which the incident occurred. The cooperating agency of the
jurisdiction in which the incident occurred, however, with the consent of the originating
officer's agency may decide to allow the originating officer to retain control of the
investigation and complete all procedures, which shall include taking custody of any
prisoner, evidence, and contraband article as defined in Section 932.701 (2), Florida
Statutes, and completing the appropriate documentation. Regardless of the decision of
the cooperating agency, whenever remaining at the scene exposes either the officer or
the subject to imminent physical danger, the subject and any physical evidence or
contraband article may be transported or otherwise relocated in accordance with normal
procedure.
B. Any fines and forfeitures shall accrue to the cooperating agency of the officer who first
effectuated the arrest and who subsequently retained control of the investigation.
IV. Voluntary Investigation
On-duty officers from one jurisdiction may conduct investigations into criminal activity that
occurs in their jurisdiction and make arrests related to those investigations in the jurisdiction of
the other cooperating agency. If enforcement action is anticipated, the location and nature of
the investigation will be reported to the on-duty communication liaison person of the jurisdiction
where the suspect is located.
V. Traffic Control Assistance
A. Whenever a traffic accident involving suspected injuries ofa serious nature is reported
to the jurisdiction in which the accident occurred and that law enforcement agency is
unable to provide the immediate response necessary to render aid to the injured or
Clearwater/Largo Mutual Aid Agreement Page 3 of 6
prevent further injury, the cooperating agency may be contacted for assistance. The
cooperative effort shall be restricted to necessary first aid and traffic direction, except in
those situations specified in section VI of this agreement.
B. Hazardous Traffic Conditions Assistance
1. In a situation where automated traffic control devices located within the
jurisdictional boundaries of one agency have malfunctioned and a traffic accident is
imminent unless control is established immediately, cooperation may be provided.
2. Where an incident occurs on a traffic-way or so near thereto that the potential for
traffic accidents appears imminent, cooperation may be provided.
C. The cooperative efforts for traffic accidents and/or hazardous traffic conditions outlined
above shall be restricted to the necessary and standard traffic control and direction
activities and shall not include traffic enforcement, except in those situations specified in
section VI of this agreement. Control of the incident shall be immediately relinquished
to the first available officer from the agency having jurisdictional responsibility, except in
those situations specified in section VI of this agreement.
VI. Traffic Investigations
A. In addition to having the authority to provide in-progress crime assistance, an on-duty
municipal law enforcement officer of the City of Clearwater or the City of Largo while
wearing the officer's departmental-issued uniform and operating a marked police vehicle
may enforce all state criminal and noncriminal traffic laws and conduct accident
investigations of traffic accidents occurring on the streets of the other cooperating
agency as long as such violations or accidents occur on streets located in view of the
jurisdictional boundaries of the officer's employing municipality. Enforcement shall
include making arrests, issuing a Uniform Traffic Citation, arresting the violator for any
crimes uncovered during the investigation of the traffic violation or accident, taking
custody of any evidence or contraband article as defined in Section 932.701 (2), Florida
Statutes, and completing appropriate documentation, including an accident report.
B. Anyon-duty municipal law enforcement officer choosing to enforce traffic laws and
conduct traffic-accident investigations pursuant to this section shall notify the agency
within whose jurisdiction the traffic violation or accident occurred during the traffic stop
or as soon as possible thereafter of the law-enforcement actions taken.
C. On-duty municipal law enforcement officers enforcing traffic laws and conducting traffic-
accident investigations pursuant to this section shall be under the direction and authority
of the commanding officers of their own agency.
D. Any fines or forfeitures shall accrue to the cooperating agency whose officers choose to
exercise the authority contained within this section.
E. "Street" means in this section that area defined in Section 316.003(53), Florida Statutes
(2001), or amendments thereto.
Clearwater/Largo Mutual Aid Agreement Page 4 of 6
F. "Streets located in view of the jurisdictional boundaries of the officer's employing
municipality" means in this section a street located outside the jurisdictional boundaries
of the officer's employing municipality and within the jurisdiction of the other cooperating
agency that is in such close proximity to the jurisdictional boundaries of the officer's
employing municipality that if the officer had been located within the jurisdictional
boundaries of the officer's employing municipality when the traffic violation or traffic
accident occurred, the officer would have been able to observe by the use of ordinary
sight the traffic violation or traffic accident occurring on the street during daylight hours
and during normal weather conditions.
VII. Inter-Agency Joint Task Forces
A. Law enforcement officers assigned to joint task force operations pursuant to this
Agreement may enforce all state laws while engaged in the joint task force operation
and shall take enforcement action in accordance with law, including but not limited to
taking custody of any offender, evidence, or contraband article as defined in Section
932.701 (2), Florida Statutes, and completing appropriate documentation.
B. Law enforcement officers assigned to joint task force operations pursuant to this
Agreement shall be under the supervision of those individuals specified in the joint task
force operational plan approved by the cooperating agencies.
C "Joint Task Force" means in this section those task forces composed of law
enforcement officers from the City of Clearwater and the City of Largo that are intended
to address major law enforcement problems that cross the jurisdictional lines of each of
the cooperating agencies, including but not limited to, the sale and possession of
narcotics or traffic enforcement.
VIII. Terms and Procedures
A. A cooperating agency will answer a specific request for voluntary cooperation or
operational assistance only to the extent that the available personnel and equipment are
not required for adequate protection of that agency. The commander of the agency, or
the commander's designee, shall have the sole authority to determine the amount of
personnel and equipment, if any, available to respond.
B. A specific request for voluntary cooperation or operational assistance shall be made by
the commander of the agency or the commander's designee.
C. Voluntary cooperation can also be initiated, within the limitations as more fully stated
above, by an officer who views an in-progress crime. a traffic violation or traffic accident,
or a need for traffic control in another cooperating agency. The supervising authority of
that officer shall be notified immediately to enable a supervisor from the officer's agency
to ,authorize and direct actions taken by the officer. An officer taking voluntary action
should notify the communication liaison person in the assisted agency as soon as
possible.
Clearwater/Largo Mutual Aid Agreement Page 5 of 6
D. Whenever the employees of any law enforcement agency are rendering aid outside its
jurisdiction and pursuant to the authority contained in this Agreement, such employees
shall have the same powers, duties, rights. privileges, and immunities as if they were
performing their duties in the jurisdiction in which they are normally employed.
E. Law enforcement officers or employees responding to a specific request for voluntary
cooperation or operational assistance shall be under the direction and authority of the
commanding officers of the agency to which they are called; otherwise, the officers shall
be under the direction and authority of the commanding officers of their own agency.
F. All wage and disability payments, pensions, Workers' Compensation claims, and
medical expenses shall be paid by the employing agency, unless the requested agency
is reimbursed by other authorities, persons or political entities.
G. Each agency shall be responsible for bearing its own costs associated with any loss or
damage incurred to such jurisdiction's property, equipment, or resources as a result of
the use of such property during a voluntary cooperation or operational assistance
situation.
H. Each party to this Agreement shall bear all court costs, defense costs, and liability for its
own law enforcement officers, agents and/or employees for acts undertaken pursuant to
this Agreement unless such act was ordered by the commanding officer of the assisted
agency; but if such act was not ordered by the commanding officer of the assisted
agency, each agrees, to the extent permitted by law, to indemnify and hold the other
harmless of and from any claims, lawsuits and/or causes of action arising out of the
acts, omissions and conduct of its own officers, agents and/or employees. In the event
that an act or acts undertaken pursuant to this Agreement is ordered by the
commanding officer directing the voluntary cooperation or operational assistance
situation, any defense or court costs and liability that might arise shall be the
responsibility of the agency employing the commanding officer. However, nothing
contained herein shall be construed to waive or modify the provisions of F.S. 768.28 or
the doctrine of sovereign immunity as to any party hereto.
I. This Agreement shall be binding upon the parties from the date of execution by a party
hereto and shall continue in full force and effect until terminated as provided herein
below.
J. This Agreement shall be binding upon the parties from the date of execution and shall
continue in full force and effect until January 1, 2005. However, any party hereto may
withdraw or cancel such party's participation pursuant to this Agreement without liability
to the other party hereto by providing written notice of such withdrawal no less than ten
(10) days prior thereto.
K. Each agency that is a party to this Agreement agrees to adopt the policy attached
hereto and incorporated herein by reference, provided, however, that nothing herein
shall prevent an agency administrator from adopting an internal policy that is more
restrictive than this model policy regarding his or her own personnel.
Clearwater/Largo Mutual Aid Agreement Page 6 of 6
IX. Conflict
This Agreement is intended to provide broader authority to the municipal police officers of the
City of Clearwater and the City of Largo than does the "Pinellas County Interlocal Mutual Aid
Assistance For Police Services" to which the City of Clearwater and the City of Largo are also
parties. In any conflict between the language of the two Agreements, this Agreement shall
prevail.
'.1
SIGNATURE PAGE
In execution of the City of Clearwater and City of Largo Combined Voluntary
Cooperation And Operational Assistance Mutual Aid Agreement For Law
Enforcement Services, pages one through six, as authorized by Resolution
Number 03-05 on January 23,2003, we hereby set our hand and seal.
Countersig ned:
CITY OF CLEARWATER,
FLORIDA
Brian J. .Aungst
Mayor-Commissioner
By:
William B. Horne II
City Manager
Date
Date
Date
Approved as to form:
Attest:
/:) Id \! ~ J/-
(/(e{'{i' -\I. ..ZJ.J\}./I).f.~ (
Robert J.!Surette
Assistant'eity Attorney
Cynthia E. Goudeau
City Clerk
.
DATE OF ISSUE: February 1, 2003
EFFECTIVE DATE: February 1, 2003
MODEL POLICY
SUBJECT:
CITY OF CLEARWATER AND CITY OF LARGO MUTUAL AID
AGREEMENT FOR VOLUNTARY COOPERATION AND
OPERATIONAL ASSISTANCE
INDEX AS:
MUTUAL AID
JURISDICTION
VOLUNTARY COOPERATION
AND OPERATIONAL ASSISTANCE
I. POLICY:
Recognizing that an increasing number of criminals are operating in more than
one jurisdiction and that no single law enforcement agency can hope to
command sufficient resources to handle all possible emergencies or
investigations, the law enforcement agencies of Pinellas County have continued a
long history of cooperation by forming a comprehensive agreement for mutual
aid and the exercise of police authority across jurisdictional boundaries.
Recognizing that aggressive drivers, speeders, and other traffic violators do not
respect jurisdictional boundaries and that violators sometimes commit the
violations with impunity in the presence of a municipal law enforcement officer
from a neighboring jurisdiction on a street located outside the officer's
jurisdiction but in close proximity to the officer's jurisdiction, the City of
Clearwater and City of Largo desire to provide a multi-jurisdictional response to
traffic enforcement.
Recognizing that traffic accident victims must sometimes wait for a response
from the agency in whose jurisdiction the accident occurred even though the
accident occurred on a street located in close proximity to another cooperating
agency, the City of Clearwater and City of Largo desire to provide a multi-
jurisdictional response to traffic enforcement.
It is important that all members of this department appreciate the spirit of
cooperation which is the intent of this mutual aid agreement and strive at all
times to embody that spirit in any action taken under this agreement.
II. DEFINITIONS:
Cooperating Agency: A law enforcement agency that is a party to the "City
of Clearwater and City of Largo Combined Voluntary Cooperation And
Operational Assistance Mutual Aid Agreement For Law Enforcement
Services. "
Exercising Police Authority: Is the arrest or detention of a person, the use
or threatened use of lawful force, the conducting of a search, the taking or
seizing of any property, the issues of a command under color of authority,
or other exercise of authority specifically granted to a law enforcement
officer.
In-Progress Crime Assistance: When an officer initiates the exercise of
police authority after viewing a felony or a misdemeanor involving a breach
of peace occurring within the jurisdiction of the other cooperating agency.
Officer: A sworn law enforcement officer with powers of arrest granted by a
cooperating agency.
Street: The area defined in Section 316.003(53), Florida Statutes (2001), or
amendments thereto.
Streets located in view of the jurisdictional boundaries of the officer's
employing municipality: A street located outside the jurisdictional
boundaries of the officer's employing municipality and within the
jurisdiction of the other cooperating agency that is in such close proximity
to the jurisdictional boundaries of the officer's employing municipality that
if the officer had been located within the jurisdictional boundaries of the
officer's employing municipality when the traffic violation or traffic
accident occurred, the officer would have been able to observe by the use
of ordinary sight the traffic violation or traffic accident occurring on the
street during daylight hours and during normal weather conditions.
Voluntary Investigation: When an officer investigating criminal activity that
occurred within the jurisdiction of his/her employing agency, follows that
investigation into the jurisdiction of the other cooperating agency.
III. EXTENSION OF JURISDICTION AND LIMITATION OF AUTHORITY.
An officer of a cooperating agency may exercise police authority within the
jurisdiction of the other cooperating agency as specified herein.
A. On-duty ex~rcise of police authority within the jurisdiction of the other
cooperating agency is limited to the following situations:
2
1) A response to a specific request for mutual aid or operational
assistance from a cooperating agency.
2) In-Progress Crime Assistance undertaken in response to an on-
view felony or misdemeanor involving a breach of the peace
occurring within the jurisdiction of the other cooperating agency.
3) Any action necessary to conduct a Voluntary Investigation of
criminal activity originating within the jurisdiction of his/her
employing agency, including the probable cause arrest for a crime.
4) Enforcement of traffic laws and investigation of traffic accidents by
municipal law enforcement officers on streets located in view of
the jurisdictional boundaries of the officer's employing
municipality.
5) Enforcement of laws while assigned to a joint task force operation.
B. Off-duty exercise of police authority within the jurisdiction of the other
cooperating agency is limited to In-Progress Crime Assistance
undertaken in response to an on-view felony or misdemeanor involving
a breach of the peace occurring within the jurisdiction of the other
cooperating agency.
C. Officers shall not exercise an}' police authority within the jurisdiction
of the other cooperating agency in the following circumstances:
1) Local ordinance violations or minor traffic violations, unless acting
in response to a specific request for mutual aid or operational
assistance. Municipal law enforcement officers may enforce traffic
laws or conduct investigations of traffic accidents on streets
located in view of the jurisdictional boundaries of the officer's
employing municipality.
2) Any violation arising from a case in which the officer has a
personal interest, such as a civil or domestic dispute, or a crime
where the officer may be a victim. (This exclusion does not include
cases where the officer is a victim arising from his/her
employment, such as Battery of a Law Enforcement Officer.)
3) When in doubt, officers are encouraged to limit their actions to
summoning the agency having normal jurisdiction and offering
their services as a witness.
3
IV. PROCEDURE
Officers shall adhere to the following procedures when exercising police
authority within the jurisdiction of the other cooperating agency.
A. Notification
1) Whenever practical, any officer exercising police authority within
the jurisdiction of the other cooperating agency shall make prior
notification to that agency and his/her own agency. Prior
notification is not required by officers who expect only to make
routine inquiries without reasonable anticipation of taking further
action.
. 2) Whenever prior notification is not practical, such notification shall
be made as soon as it becomes practical.
3) The normal point of contact for such notifications is the
Communications Center of the agencies in question. The officer
making the notification should obtain the name of the person
receiving the notification and include it in his/her report.
4) In addition to notification made to the normal point of contact,
officers are urged to coordinate their efforts with special units or
officers assigned to similar duties within other agencies. The
intent of this additional notification is to avoid problems which may
result when the operations of the different agencies may conflict
because each is unaware of the other's intentions.
B. Limitations of Action
1) Unless acting in response to a specific request for voluntary
cooperation or operational assistance, an officer shall limit follow-
up investigations to criminal activity that originated within the
jurisdiction of his/her employing agency.
2) Exercise of police authority in cases of In-Progress Crime
Assistance shall be limited to those actions necessary to stabilize
the situation pending the arrival of officers from the agency in
whose jurisdiction the incident occurred. Normally, such actions
are those that are reasonably necessary to aid victims, prevent
harm to persons and property, prevent the escape of a violator, or
prevent the destruction or loss of evidence of a crime. Additional
actions may ~hen be taken when the agency in whose juris~iction
the incident occurred authorizes the originating officer to retain
control over the investigation.
4
V. PUBLIC STATEMENTS
Prior to making any press release or statement to the media in connection with
any mutual aid request or other action covered by this agreement, prior notice
shall be made to the agency head or highest ranking officer available at the other
cooperating agency involved.
.
..
5
PRELIMINARY AGENDA
Clearwater City Commission Work Session - 9:00 A.M. - (Tuesday, January 21, 2003)
Service Awards
Employee of the Month - December 2002
Team Award - November - December 2002
Convene as Pension Trustees:
1 - Call to Order
2 - Approval of Minutes: 11/18/02
3 - Request for acceptance into membership: Corey O'Neil, Min Haley, Randy Pothier, John
Krysher, Earl Gloster, Jason Gray, Kevin Duffy, William Olive, Marvin Dodson III, Mark
Hunt, Joseph Pruitt, Joel Gray, Waylon Olive, Jessica Collogan, Debra Lagroix, Frederick
Broda, Heather Faessler, John Rist, Rosemarie Alfaro, Darlene Ruud, Deborah Moore,
Tyrone Austin, Jonathan Hunter, Elaine Lewis, Alexander Lane, Jayme Weaver, Roger
Lane, James Beattie, Douglas Ball, Bruno Baiermann. Thomas Cleator, Lafayette Gillette,
and Angel Haines.
4 - Regular Pension(s) to be granted: Marvin Green, Dale Hoffman, Dennis Camara, Patrick
Shepler, John Coleman, and Gerald Bennett.
5 - Pension(s) to be vested: Lee Achterhof, Douglas Pope, Robert Maltas, and Etim Udoh.
6 - Approve Investment policy for the Employees' Pension Plan.
7 - Other Business
8 - Adjourn
Reconvene Work Session
PRESENTATION
1. Design Consultant for Gulf Boulevard (WSO)
PUR PURCHASING
Approval of Purchases per Purchasinq Memorandum:
1. Purchase of two (2) HP5470 Server for $105,563.26 from Dimension Data, Clearwater,
Florida. (IT)
2. Work Order for engineering, construction, and inspection services for off site drainage
improvements for Town Pond for $50,764 from Post, Buckley Schuh & Jernigan, Inc.,
Tampa, Florida. (PW)
ED/HSG ECONOMIC DEVELOPMENT/HOUSING
1. Authorize the City of Clearwater to enter into an Agreement with the Housing Finance
Authority of Pinellas County, whereby the City will provide up to a maximum of $100,000 in
State Housing Initiatives Partnership (SHIP) funds for low-income households going through
the "Housing Finance Authority of Pine lias County - SHIP Assisted Loan Program".
FN FINANCE
1. Request for authority to settle the workers' compensation claim of Claimant, Ronnie
White, in its entirety to include medical, indemnity and attorney fees for the sum of $30,000.
Additionally the City of Clearwater will waive entitlement to any lien it may have as a result of
any third party claim the Claimant may have resulting from this accident.
Commission Work Session Agenda 2003-0121
1
Rev. 02-01/21/03
CGS CLEARWATER GAS SYSTEM
1. Approve a Joint Project Agreement with the State of Florida's Department of Transportation
to relocate natural gas mains during improvement project. FPN: 2571 050-1-56-03/WPI No.
7117138/SPN: 15120-3527/Pinellas County, SR 688 (Ulmerton Road)/from Oakhurst to
119th Street, at an estimated cost of 5321.160.50. and adopt Res. 03-06.
LIB LIBRARY
1. Approve construction authorization for the new Main Library to Turner Construction
Company. 500 N. Westshore Blvd., Tampa, FL in an amount not to exceed $2,413.621.
MR MARINE /AVIATION
1. Approve a line of credit with the Clearwater Community Sailing Association from the
General Fund for up to $50,000 with interest at approximately the cash pool earnings rate (to
be determined by the Finance Director) to be used only to pay salaries. such loan to be
repaid to the City by the end of the initial three year term which expires September 30, 2005.
2. Adopt Resolution 03-04 authorizing FOOT Supplemental Agreement #4, to include one
hundred percent (100%) funding up to 520.000 dollars for additional security fencing at
Clearwater Airpark.
PR PARKS AND RECREATION
1. Approve the final amended budget for the Community Sports Complex Development and
Construction capital project in the amount of $22.512.997.
2. Approve a Supplement to Community Sports Complex Amendatory Agreement between
the City of Clearwater and the Philadelphia Phillies, correcting City's capital contribution
and definition of "Community Sports Complex".
PO POLICE
1. Adopt resolution 03-05 authorizes the Mayor-Commissioner to execute the Mutual Aid
Agreement which will permit voluntary cooperation and assistance of a routine law
enforcement nature across jurisdictional lines and operational assistance by and among
these law enforcement agencies.
2. Approve an expansion to the Police Department's Take Home Car Plan to increase visibility
of patrol officers and vehicles to the citizens of Clearwater in the total amount of $372,700.00
for cars and equipment. This purchase will include the awarding of a contract to Don Reid
Ford of Maitland. Florida. in the amount of $247.150.00, for the purchase of ten (10) 2003
Ford Crown Victoria Police Sedans, in accordance with Sec. 2.564 (1 )(d) Florida Sheriff's
Association Bid 02-010-0826.
PC PUBLIC COMMUNICATIONS
1 . Communication Plan (WSO)
PW PUBLIC WORKS
1. Public Hearing - Declare as surplus for the purpose for offering for sale in compliance with
City purchasing regulations a portion of Block H. Avondale Sub. and a portion of Block 0,
Norwood 1 st Addition, commonly known as "Fulton Apartments" for the minimum bid
amount of $925,000, subject to special conditions of the Fulton Apartments Declaration of
Surplus Criteria.
2. Public Hearing - Declare as surplus Pinellas County metes and bounds parcel 16-29-15-
00000-120-0600 and offer for sale in compliance with City purchasing regulations for a
minimum bid amount of $187,000, subject to the successful bidder committing to initiating
Commission Work Session Agenda 2003-0121
2
Rev. 02-01/21/03
construction of a redevelopment project within an FAR of not less than 3.0 and of not less
than 216,000 sq. ft., more or less, within five years of purchase. and subject to existing lease
with Arnold-Brown Properties.
3. Award a contract for the Northwood Estates Drainage Improvements (02-0026-EN) to
Harvey-Taddeo, Inc. of Oldsmar, Florida for the sum of $68,530 which is the lowest
responsible bid received in accordance with the plans and specifications.
4. First Reading and Public Hearing Ord 7091-03 - Approve the applicant's request to vacate
the 5-foot drainage and utility easement lying along the West property line of Lot E, Rolling
Heights Subdivision (A. K.A. 2316 Drew Street), less the north 20 feet thereof. (V2003-01
Drew Park LLC)
5. Approve the Interlocal Agreement between Pinellas County Environmental Management
and the City of Clearwater for the development, implementation, and operation of a County
wide Ambient Water Quality Monitoring Program for six years at an estimated total cost of
$145.500.
PLD PLANNING
1. Public Hearing & First Reading - Ord 7093-02, Ord 7094-02. and Ord 7095-02 - Approve the
petition for Annexation, Land Use Plan Amendment from Residential Urban (RU) to
Residential/Office Limited (R/OL), and Zoning Atlas Amendment from County Zoning A-E,
Agricultural Estate Residential District to City 0, Office District of properties located at 107
Hampton Road (consisting of Metes and Bounds 13/04 and a portion of 13/044 in Section
16, Township 29 South, Range 16 East) (Limited Properties, Inc. & Hampton Road
Development Corp. ANX2002-12023 and LUZ2002-12013)
2. Public Hearing & First Reading - Ord 7070-03, Ord 7071-03, and Ord 7072-03 - Approve the
petition for Annexation, Land Use Plan Amendment from County Residential Urban (RU) to
City Residential Urban (RU) and Zoning Atlas Amendment from County A-E, Agricultural
Estate Residential District, to City LMDR, Low Medium Density Residential District for 2400
Varsity Drive (consisting of Metes and Bounds 42/02 in Section 7, Township 29 South,
Range 16 East) (George Hunt ANX2002-10016)
3. Public Hearing & First Reading - Ord 7064-03, Ord 7065-03, and Ord 7066-03 - Approve the
petition for Annexation, Land Use Plan Amendment from County Residential Low (RL) to City
Residential Low (RL) and Zoning Atlas Amendment from County R-3, Residential Single-
Family District, to City LMDR, Low Medium Density Residential District for 1740 Ragland
Avenue (Lot 55), Clearwater Manor Subdivision) (Charlotte Sisk ANX2002-10017)
4. Public Hearing & First Reading - Ord 7067-03, Ord 7068-03, and Ord 7069-03 - Approve the
petition for Annexation, Land Use Plar Amendment from County Residential Low (RL) to City
Residential Low (RL) and Zoning Atlas Amendment from County R-3, Residential Single-
Family District, to City LMDR, Low Medium Density Residential District for 1925 Ashland
Drive (Lot 51, Citrus Heights Manor First Addition) (Janet Ergang ANX2002-10018)
5. Direction regarding Short Term Rental (WSO)
CM ADMINISTRATION
ORLS OFFICIAL RECORDS/LEGISLATIVE SERVICES
1. Disband Clearwater Beach Entryway Committee
CA LEGAL DEPARTMENT
Second Reading Ordinances
Commission ""'ork Session Agenda 2003-0121
3
Rev. 02-01/21/03
1. Ord 7045-03 Annexation Amendment for 1607 Stevenson's Drive (Lot 6, Block C,
Stevenson's Heights in the Northwest quarter of Section 10, Townshir 29 South. Range 15
East); Owner: Jacqueline L. Walters. ANX2002-09013
2. Ord 7046-03 Land Use Plan Amendment for 1607 Stevenson's Drive (Lot 6, Block C,
Stevenson's Heights in the Northwest quarter of Section 10, Township 29 South, Range 15
East); Owner: Jacqueline L. Walters. ANX2002-09013
3. Ord 7047-03 ZO:ling Atlas Amendment for 1607 Stevenson's Drive (Lot 6. Block C,
Stevenson's Heights in the Northwest quarter of Section 10, Township 29 South. Range 15
East); Owner: Jacqueline L. Walters. ANX2002-09013
4. Ord 7048-03 Annexation Amendment for 1370 State Street (consisting of the southwest
corner of Lot 10, E.A. Marshall's Subdivision in the East 1/2 of Section 3, Township 29
South, Range 15 East); Owners: Ido and Daphna Fischler ANX2002-09014
5. Ord 7049-03 Land Use Plan Amendment for 1370 State Street (consisting of the southwest
corner of Lot 10, E.A. Marshall's Subdivision in the East 1/2 of Section 3, Township 29
South, Range 15 East); Owners: ldo and Daphna Fischler ANX2002-090 14
6. Ord 7050-03 Zoning Atlas Amendment for 1370 State Street (consisting of the southwest
corner of Lot 10, E.A. Marshall's Subdivision in the East 1/2 of Section 3, Township 29
South, Range 15 East); Owners: Ido and Daphna Fischler ANX2002-09014
7. Ord 7051-03 Land Use Plan Amendment for property located at 1285 South Ft. Harrison
Avenue and 609 Pinellas Street (see legal description attached to ordinances); Owner:
Morton Plant Hospital Association, Inc. LUZ2002-09008
8. Ord 7052-03 Rezoning Amendment for property located at 1285 South Ft. Harrison Avenue
and 609 Pinellas Street (see legal description attached to ordinances); Owner: Morton Plant
Hospital Association, Inc. LUZ2002-09008
9. Ord 7053-03 Annexation Amendment for properties at 10 East Meadowlark Lane; 3001-
3062 Chesapeake Street; 3025 Cleveland Street; 3039 Cleveland Street; 3032 Eastwood
Street & 3036 Eastwood Street (in Section 16, Township 29 South, Range 16 East); Owner:
First Baptist Church of Clearwater, Inc. ANX2002-09015 and LUZ2002-09009
10. Ord 7054-03 Land Use Plan Amendment for properties at 10 East Meadowlark Lane; 3001-
3062 Chesapeake Street; 3025 Cleveland Street; 3039 Cleveland Street; 3032 Eastwood
Street & 3036 Eastwood Street (in Section 16, Township 29 South, Range 16 East);
Owner: First Baptist Church of Clearwater, Inc. ANX2002-09015 and LUZ2002-09009
11. Ord 7055-03 Rezoning Amendment and for properties at 10 East Meadowlark Lane; 3001-
3062 Chesapeake Street; 3025 Cleveland Street; 3039 Cleveland Street; 3032 Eastwood
Street & 3036 Eastwood Street (in Section 16, Township 29 South, Range 16 East); Owner:
First Baptist Church of Clearwater, Inc. ANX2002-09015 and LUZ2002-09009
12. Ord 7061-03 to approve applicant's request to vacate the 10-foot drainage and utility
easement located in the north 18 feet of Lot 83, Countryside Tract 58, (AKA 3336
Windchime Drive West), less the west 10 feet thereof, together with the 10-foot drainage
and utility easement portion located in a vacated portion of Cloudview Drive. (V2002-14
Agelatos)
13. Ord 7062-03 providing a Reclaimed Water availability schedule to enable billing division for
commercial properties that minimally utilize reclaimed water.
14. Ord 7075-03 - amending Chapter 22, Section 22.59 of the Code of Ordinances adding the
fenced-in area of the Clearwater Community Sailing Center in which alcoholic beverages
may be possessed, sold and consumed
15. Ord 7090-03 - implementing changes to the grease control program for the wastewater
collection system
Commission Work Session Agenda 2003-0121
4
Rev. 02-01/21/03
~.
Other City Attorney Items
1. Request for an Attorney-Client Session (City of Clearwater vs. The Oaks of Clearwater).
City Manager Verbal Reports
Commission Discussion Items
1. 2003-2004 Budget - Jonson
Presentation(s) for Thursday Night
1. Neighborhood Awards of the Quarter
2. Check by Clearwater Library Foundation
3. Public Communications for First Place FGCA (FI Govt Communicators Award) for CIP
Newsletter
Other Commission Action
Adjourn
4>
Commission Work Session Agenda 2003-0121
5
Rev. 02-01/21/03
c:.\"l".. ~
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Work sess~on Item #:
CleaI\vater City
Commission
Agenda Cover
Men10randuITI
Final Agenda Item #
1/21103
Meeting Dote: 1/23/03
SUBJECT/RECOMMENDATION:
SERVICE AWARDS
o
and That the aDorcoriote officials be outliorized :0 execute some.
SUMMARY:
The following employees be presented with service awards for their length of service in the employment of the
City of Clearwdter
BACKGROUND:
5 Years
Suzanne H. Sobkowiak
Stephen T. Wan nos
John C. Connor
Kris M. Wise
Ken Sides
Kathleen I. Bedini
20 Years eon'd
John J. Coleman, Jr.
James M. Heinz
Police
Police
Police
Police
Police
Police
Engineering
Development Services
30 Year
Michael H. Allman
Samuel Willi
John H. Bryant
Fire
Fire
Solid Waste
10 Years
William O. Baird
Kathleen C. Baird
Police
Equity Services
15 Years
Nelson Dejesus
James W. Thomas
Christopher Cruickshank
Russell Carter
Fire
Fire
Parks & Recreation
ParKs & Recreation
20 Years
Jerry R. Lovett
Joe C. Taylor
Dwayne C. Vaughan
Dianne L. Burkhammer
Fire
Fire
Fire
Police
Reviewed by: Originating Dept:
Legal Info SNC
- -
Budget Public Works User Dept.
- -
Purchasing DCM/ACM
- -
Risk Mgml Other AHachments
- -
Costs
Total
Funding Source:
CI
OP
Other
Current FY
SubmiHed by:
City Manager
o Printed on recycled popar
2/98
o None
Appropriation Code:
Rev.
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Clearwater City Commission
Agenda Cover lv1emorandum
Work session Item #: I=- D I
Final Agenda Item #
Meeting Date: 01/23/03
SUBJECT/RECOMMENDATION: Award a contract lor the replacement of the Clearwater Mall Fire &
Rescue Station No. 49 (02-0099-FD) to GLE Construction Services. Inc. of Tampa, Florida. in the amount of
SI.379,377.70, which is the lowcst responsiblc bid reccived in accordancc with plans and specifications,
[g] and that the appropriate officials be authorized to execute same.
. The Fire Department has established, as components of its Strategic Plan Goals, programs to
replace aging facilities and provide consistent, high quality and affordable service levels across all
areas of the City.
. The Commission-appointed Fire Task Force confirmed the five-year strategic plan, which included
a recommendation to replace existing stations, including at the Clearwater Mall site.
. The replacement of Clearwater Mall itself drove the need to accelerate construction of this station,
since the mall developer needed the current Station 49 site for future development phases. An
exchange of land was approved and occurred to accommodate the new station and free up the
land for future development.
. The design and engineering of a facility to accommodate existing programs along with potential
growth needs for the future has been completed.
. Work will commence upon award and execution of the contract and is scheduled for completion
within 270 calendar days.
. The specific breakdown of the bid total is as follows: The basic construction cost is $1,333,984.
Two addenda for landscaping and fencing cost $24,200 and $21,193,70, respectively.
. Copies of the contract documents are available in the City Clerk's Office for review.
. Funding for this project is available in 315-91243, Clearwater Mall Fire & Rescue Station 49.
Reviewed ~~
Legal l/i)~ ' Info Srvc
Budget . ~__,,/ubIiC Works
purchaSi~~ DCM/ACM
Risk Mgmt X Other
Engineer PlanninQ/Dev
Submitted by: IJ.
City Manager ~ ~L-..
X .
~.
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Originating Dept:
Fire Dept. (W. Hanson)
User Dept. -.rSiJ("'Y/:
Fire Department ~ ~
Attachments
Tabulation of nid
Costs
Total $1,379,377.70
Funding Source:
Current FY $1.775M CI X
OP
Other
o None
Appropriation Code:
o Printed on recycled paper
2/98
315-91243 -56300-522-000
Clearwater Fire & Rescue Station No. 49.
Rev.
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Strategic
COll1l11unications
Plan
~ Clearwater.
u
.i .
PUBLIC COMMUNICATIONS DEPARTMENT
WINTER 2003
,0/ !
'r '-' I
Table of Contents
Introduction
3
Pointing thc way
4
The prillciples I'WI gllide Ihi.\' Illall
\\'hcrc wc ~\ rc
6
A sillll/lioJllI1 m'erl'iell'
Wh~lt peoplc think
A IOtlk III t"e JlIIMiL"s Opillioll,\' lIhml1llte d(I'
9
Turgets
10
AIUJieJlces for ollr /IIe.\'sage,\'
Messuges
II
I/OII' lVe will form ",hlllll'e Sll.l'
Communications goals
W'WI we 'rope 10 I/ccoltlpli.\",
12
Communications themes
CtJII"Il011 ,heme,\' '''11' orgallize ollr efforls
16
Communications subjects - short term
E,'ellts/;ssucs lI'e me likely 10 tlet,l w;lh
17
Communications subjects -long term
E"e"I,\'/;,~slles l"tll e.\"lell(/ptl.\'l 2fJ(J5
19
Communications vchicles - intcrnal
1/011' 11'1.' will commullicatL' to tludiL'IICL'S
illsidL' gm'L'"""ellt
Cummunications vchicles - cxternal
1/011' 11'1.' will C(JII/IIlIlI/icatL' to tludiL'lIces
olllsi(le gOl'erlllllL'lIt
Conclusiun
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22
23
C0111111Unications Plan
City of Clearwater, Florida
Winter 2003 - Winter 2006
li'\TRODUCTION
Communicating Clcarwater's mcssages in a clear alllltimely fashion 10 a hroau range of
audiences is a challcnge that wc acc~'pt with gn:at enthusiasm. This document is just the
latest example of a constant effort that seeks to identifY amI refine the messages and
identify thc constituent groups that will hcar anu make use of them.
1I0\\c\'cr. wc recognize that communication doesn't start with us, It Ill'gins \\'ith the
~Iayor and City Commission. mo\'es through city leadership and is rcfketcu in the
c\cryday work of e\ cry city ernptoyee,
The goal of the Public Communications Departmcnt is to help all cit)' reprcs\:'nlati\'\:'s
becomc capabl\:', informed city spokcspersons. and to gi\'c citizens th\:' information Ihey
need to become infonncd, engaged problem sol\'ers.
We would tike to also acknowh:dge the Communications Plans of the Cities of
Tallahassec, FL and Portsmouth, V t\, which provided invatuable guidance in the
fannulation of this plan for the Cit)' of Clearwater.
3
4
POINTING THE WAY
This communications ph," is based upon the followin~ principles:
~IESSA(;E AUVOCACY IIEGINS WITIl US
We willtcll our story ourselves. and we will do so promptly. We will not rdy on
others to deliver our story. describe our actions. establish our issucs. cxplain our
programs or interpret our actions. By telling our story promptly. we will rcduce
the need lor correcting thc inaccurah: interpretations of others.
INFORMING OUR CITIZENS
Clcarwater's citizcns. businesses and CUSlOll1ers need accurate information in
order to makc enlightencd and informed decisions. Accurate. timely information
encourages community problem solving; therdore, \VI: will communicate in :1Il
accuratc and timely fashion.
COMMUNICATING VIA OPEN DIALOGUES
Wc will communicate in a fashion that is open and which encourages the sharing
ofinformation. Open. two-way conullunications create an envirollment of
teamwork; closed. one-way comll1unications breed suspicion. Open diatogues
cncourage community problcm solving. Intcractivc communications involve
cvcryonc.
DECENTRALIZED, INTERACTIVE COl\IMUNICATIONS
Open. sharing m~thods of communication offer the fast~st and most practical
means of delivering messages. Howev~r. all participants must commit to
consistent and focused rnessag~s. The Public Communications D~partmcnt will
provide that leadership and coordination.
THEMATIC COMMUNICATIONS
Thc ~;torit:s we tell will work hest irthey support, rellt:ct and rdnforce thc city's
goals and targt:ts. Therefort:. our mt:ssagcs will reflect thost: goals and dircctions
establisht:u by the City Commission and city managcmcnt. Wc will dc"e1op
communications themes that arc in keeping with thost: visions. and wc will
communicate storit:s that art: consistcnt with those themes.
5
6
WHEI~E WE ARE
ctearwater is a built-out \.:ity in the: middk of an exciting rc.:-birth. :\Ilc:r a pe:rioJ of
e:xplorationthat was at tinws te:ntati\'e:. Cle:arwah:r has Illlll1d its stride: and is moving
forward with conlidence through:1 1 O-year rede\'clopment phase. Tax dollars arc being
leveraged through private-public partncrships and through the: aggressive pursuit of
gnmts and othe:r public funding. Citizen interest and excitemcntlwer Clearwater's re-
emergence: arc at high Ie:vels. This time: of excitel11e:nt oners great opportunities in the
area of communications. tt atso oners a number of pitfalls.
We shoutd also note that Clearwater' s strategics and e:mms in a numbe:r of areas.
including the .\rl'as of renewal and redevelopment. tended to be more oIT-the-cull and
spontaneous in the 1990s than thcy arc now. That meant that city communication cfforts
tended to rellectthose routines and strategies. and tc:nded to be more reactive in nalllre.
Current poticies allow tllr more measured communications cfforts. Sincc the city's goals
and targets arc more measured and more easily identified than they oncc were. our
communications strategics can now be structured to rellectthosc ncw rcalitics.
Since wc h,\\'c an exciting story to tcll, it will bc our challenge to telt it quickly.
accurately, colorfully, and in keeping with our agree:d-upon goal:; and visions. At the
same timc. wc must reatize that crfectivc communications will not QYCrClllllC institutional
shortcomings. Ultimately. the quality ofClearwater's government will be communicated
by evcry cily employee cycry singlc day.
7
Since Ckarwater's path is ckar. we need a cOllllllunications pl;1Il thai is equally deal'.
Our comlllunications effons must be in keeping with our cit~ 's goals and din:ctions. and
our stories must support those etTorts.
Clearwater's goals and directions ha\e heen put in place hy the City Commissilln and arc
being implemented by the city's leadership team. As \\ e begin to shape our messag\.;'s and
themes. we will need to make certain our c1Torts rdlcct Ckarw<ll\.;'r's vision and mission.
as developed and staled hy the City Commission.
· CLEARWATER'S VISION STATE:\IENT: "Sparkling Ch:arwaler is a
uniquely beautiful, economically vihr<lnt community that rcin\'ests in itsdf
umt is a wonderful place to live. le<101. \\ork and ptay:' This will he
\.;'videneed by a safe. dean. green en" ironment: din:rs\.;' high paying jobs,
high quality education: a variety of cultural und recreational offerings;
affordable. well-maintained housing: emcicnt. responsive City services: a
vibrant downtown that is mind flit of its heritage: ellicicnttranspOrlalion
systems: and a quality beach cnvirunmenl.
· CLEARWATER CITY GO"ERN~IENT'S MISSION
STA TEMENT: "To provide a safe. healthy, and vibrant conul1unity to
the citizens of Clearwater and u stimututing und nurturing environment I'm
Clearwater's business communit)' and tourists,"
Ii
All Ckarwatt:r cit)' dt:partmcnts havt: adoptt:u vision statcmt:nls of thcir own which
n:llect thc idt:als of the Commission's vision. Wt: acknowledgc und recognizc tht:se
visions. and will seek \l) incorporate and conununicatc these ideals through our own
departmental statement:
PUBLIC CO:\tMU:'oIICATlONS DEPAH.Ti\lE:'\T:
"To communicate el1iciently und efTectively to tht: citizt:ns of Clt:arwatt:r all city busincss
and t:vents which impact our quality of lift:, safet)'. and wt:lfart::'
C-VIEW TV 15
"Our mission is to st:rYe and inform tht: people of Clearwater by providing accurate Hnd
CUITt:nt infonnation about tht: policies. st:rvices, and activities of Clcarwater gon:rnlllt:nl.
We seek to providt: a forum 1'01' discussion of signilicant public issues and to stimulate
and encourage Clearwater residellls to im'olw themsehes inloeal gl)VerJ1melll and puhlic
issues. C - VIEW t5 shall help market thc City of Clearwater as an attractive and uniquc
community in which to livc. work, and play."
l)
WIIAT PEOPLE TIIINK
Clearwater" s communication strategies must be tuned to addn:ss the way citizens feel
about their city and their city g.)vcrnment. Thanks to a recent sun'ey. we haw a fairly
clear picture of those citizen opinions and attitudes.
An o\'l'rwhelming majority of citizens hold their city in high regard. ;'\'Iost beliew
Clearwater is a sale. healthy. clean and caring place that oilers a wry good quality llf lill'.
;-';early all citizens arc satislied with the quality of the city services they recd\'e. \ lost
believe thc city SUppllrts its ncighborholllls. oilers good parks. conccrts and evcllIs. and
has good lire and police protection.
Concerns about the futurc include tmflic. water, dm\'lltownllnd beach redevelopmcnt.
budget resolll'ces and maintaining the quality of lite. Other Cllll\:erns include road
Illaintenance. downtown revit~\lization. parking and city responsiwnL'ss
These survey results offer signposts that should direct our cOl11munications effol'ls IowaI'd
areas of interest and concern. We shall work to make sure our communications ctTi.lrts
address the concerns raised by citizcns. and we shall \\ork to keep up with currclll public
opinions.
TARGETS
Thcre arc a number of constituencies within Ctcannltcr th:lll1lllst he scn'cd with
timely infurmation. Thcy include:
. Citizens
· City Commission
. 13115 i nesses
. News media
· Neighborhoods
· Cit)' employees
· Pine lias Count)' and other nearby governments
· State and local elected officials
· Visitors
· Enclave residellls within cily boundaries
· Glher residents, including immigrant cOllullunities
10
11
i\IESSAGES
We will desi~n :lI1d formulatc our mcssage~ in the following manncr:
. We will dc\'dop thcmcd mcssages that conform to the \'ision and mission
cstablishcd by thc City Commission and implemcntcd by the city's manag~'mcnt
team. Fiw policy priorities are:
1. Public Safety
, Economic De\dopment
3. Infrastructure ~laintenancc
4. Quality of Life
5. Human Resource Issues
. We will de\'elop messagcs that an: guidcd by the principlcs outlincd previously in
this document.
· Wc will dc\'elop mcssagcs with city departmcnts that arc in kceping with thc
visions and missions guiding thosc departmcnts.
. We will find and tcllthc many important. informati\'c and compclling stories that
necd to be told about City of Clearwater cmployees. busincss and e\'cnts.
. We will dcvelop messagcs that arc of illlercst to the audiences identilied
prc\'iously in this document.
· Wc will de\'elop mcssagcs that arc responsi\'e to the teelings. helicls. needs and
conccms of Clearwater's citizens. as idcntilied in the citizen survey,
. We will dcvelop messages that renect the city's progrcss in its IO-year
redc\'e1opmcnt plan.
· We will adjust our mcssages and our focus as the City Commission adjusts city
goals and dircctions.
12
COMMUNICATIONS GOALS
Cteanmter's long-term eommunicaliuns guats arc atrctuly in Illacc tlnd etm hl'
dcscrihcd as fullows:
· Conwy city government's commitmelltlo improving Clearwater"s quality onite.
Stratcgy:
Infurm kcy stakehuldcrs of the cily's redevelopmcnl
proAress
Tactics:
o Publish and mail quarterly CIP Newsleller to Chamber or
Commerce lislS of area businesses. local and state elected orticials.
architects. developers. neighborhood leaders and other
stakeholders.
o tncorpmate messages into C-VIEW programs abllut the city's
redevelopment progress and plans and other quality or lile issues.
o Publish an Annual Report that documents the city's successes and
distribute it via the ( 'lean rater nml'.\' and our punlic nuildings.
o Publish appropriate messages detailing redevelopment in Sllll.\hilll'
Lilies lIIility stullers. the City Web site and in news releases.
· Inform the public about the policies of the City Commission and how stalf will
curry them out.
Stratcgy:
Crcutc grcutcl' awurcncss of thc uctions uf lhe
Cum mission und how lhese arc imlllcmcntcd.
Tactics:
o Printlwice-l11onthly informational ad campaign in the
(,learll'Cller Time.l'
o Air commission meetings on C-VIEW
o Produce regular news releases on actions or interest
1J
· tncr!:a5!: citizcn awar!:n!:ss or city gon:rnmcnt" s activitics and scrviccs and.
thcrcby. inCf\:asc citizens' participation in civic issues.
Strlltc\.:y: Rcuch out to a hro.-dcr dClJ1o~ra(lhic hase of citizclls to
huild support.
Tllctics:
o Promotc involvemcnt or dcmographically uin:rse groups hy
recruiting lor our Citizcn's 'Academy through our neighborhood
rccreation centcrs and libraries. as well as othcr broad-rcaching
vcnucs.
o Support l"cighborhLlod Scrvices in their role tLl collll1lunicatc kcy
messages with 11l:ighl)<)rhoous thwughoUl Clearwater.
o Use a varict)' of pwactive mcssagcs to convcy thc City's scrviccs.
activities and evcnts. CllI1\'\:y thcsc mcssagcs through C-VIEW
and Ii \'e shows: press releascs; util ity stuflcrs: net \\ork ncws:
Citizcn's Guide: Annual Rcport: Town lIallmcctings: anu the
Web sitc.
· Convcy city govcrnment's commitment to fiscal rcsponsihility.
Strllh~\.:y:
I>cvclOI) llnd COlllllluniclItl' lI1eSSll~CS Oil filHlllcilll
IIlClISllres ami othcr stcps thc Cit)' takes to cllnscn'c its
resourccs.
Tllctics:
o Publish an Annual Report in Novembcr or each ycar to highlight
thc sucecsses or our actiol1s.
o Publish a Comprehensive Annual Financial Report (CAFR) in thc
spring or each ycar to dcmonstrate our tiscal rcsponsibility.
o Promotc buugetmcetings through news rcleascs. commission
mcetings. C- VIEW und thc Wcb sitc.
14
o Sl:l:k nl:ws storics from \'urious dcpartml:nts that highlight W:IYS
City stafr is working to saw moncy.
. Communicutl: the city's strong commitmcnt to thl: bl:l\Crrlll:nt of all
ndghborhoods,
Strategy:
Promotc ncighborhood invotvclllcnt llml issucs whilc
supporting thc efforts ul" the Ncighborhood Services
divisiun.
T:lctics:
o Twicc monthly informational ads in thl: Clearwater Times
o Utitity Stuffcrs
o Annual Rl:pon
o Town lIall ITIl:ctings
o Wd, sitc
· Makc residents and others awarl: orthl: city's cllmmittm:nttll grassnll1ts citizcn
involvcmcnt.
Strlltegy:
Improvc llWlu'cncss of City projccts lit thc grassrollts
Icvcl,
Tactics:
o Dcvclop city govcrnmcnt advocatcs through scnior managcmcnt
involvcmcnt within other community organizations
o Continually scck spl:aking I:ngagcments supportcd. \\ here possible.
by PowcrPoint prcsentations
o Promote Citizcn's Academy annually
o Dcvelop a progmm to reach oullo young people
· ~Iaintain and improve the city's relationship wilh the nl:ws media.
Strlltc~':
Hcnlop IOIl~-tcrm rcllltiulIships with hoth major 1I11d
minor mcdill.
TlIctics:
o Rcgularly mcet with or callmcJia contacts
o Pro-activcly promote storics of interest to appropriatc media
o Provide annualmcdia/inter\'icw training to department heads and
supervisors
o Schedule regular editorial meetings
o E-mail or fax press releascs to our media contacts
15
COMMUNICATIONS THEMES
These themes may offer the ovcrall structure for many of our mcssa~es:
· Clearwater is a city that works. (Public Safcty, Economic Development.
Infrastructurc Maintenancc)
· City services arc ofTen:d by good peuple who care about quality. vulue and
service. (\ luman Resourccs)
· City officials arc listening carefully to citizens. (Quality uf Lil~)
· Clearwater isa great place to li\'l' and a greut place 10 do busincss. (Public
Sufcty. Quality of Life, Economic Developmcnt)
· Clearwaler values the divcrsity ofils citizens. (Quality of Life)
16
17
COMMUNICATIONS SUB.JECTS - SIIORT TERM
Thcse lire communications suhjccts that arc likcly to rcquire allcntion in thc com in!!.
months:
. Potential refcrendum on ncw phases of downtown/waterfront rcdcvelopmcnt
. Downtown redevelopment - key milestoncs
. New facilities:
o Main Library
o North Greenwood Rccreation/Aquatics Complcx
o North Greenwood Bmnch Library
o Community Sports Complex
· 2004 Spring Training. opening.
o Northwest Fire Station
· Spring 200} gmundbrcaking.
· Dec. 200} opening
o Clearwater l\.!all Fire Station
· February 2003 groundhreaking
· Dec. 2003 opening
o Firetighting Training facility
· 2003 groundbreaking
o Water Treatment Plant
o Town Lake
o East- West Tl1IiI
. Rcnovations/Conslruction
o 1\lcmorial Causcway Bridgl:
o ~Iandalay Strl:ctscapl:
o North Grl:l:nwood Corridor Enhancl:llll:nts
o ~ tyrtll: A Vl:nUl: Illlprowllll:nts
o Soulh Fort Itarrison Illlprml:llll:nts
o Kapok Floodplain Rl:storation
o Stl:\'l:nson's Crl:l:k Drainagl: Projl:ct
o Ross Norton Park
o Roundabout Foundation Dl:lllolition
o Downtown Strl:l:tscaping Waylinding i Redcvdoplllent
o Infrastructure
· Olher 1\liscellaneous Departlllemalltellls
o Clearwater Gas - SOlh Anniversary in 2003
o Planning - Customl:r Sen'icc lOn-going Rcdcvdopmelll issues
o Onicial Records and I.egislatin: Services- IStS paperless system
o IT - Web site redcsign I online ulility bills I technology updates
o Marine and A viution ,. Airpark Illlprm'ements
o Public Works - Cdebrate Arbor Day (Tree City USA designation)
o Librury - Main Library funding; grand openings of North Greenwood
Branch and Main Library
o Parks und Recreation - On-going cvents
o Firc and RcsclIe -, New $800.000 truck/equipment
o Planning I Economic Development .. Downtown I Beach Purking /
Redcvclopmcnt in gcncral
o Dcvelopmcnt Services - Water restrictions.' Codc Enforcemcnt
Technolog)'
IX
COMMUNICATIONS SlllUECTS - LONG TERM
Thcsc arc itCI11S that may cxtcnd hC)'llnd thc SCIl(lC Ilf this Clll11l1\unicatillns Plan
(Wintcr 2003 - Wintcr 2111I6):
· Additional redc\'clopl11Clll projccts as thcy occur
o Relocation of City I tall
o Rcdevelopment of Jack Russcll Stadium sitc
o On-going road construction
o Beach parking
o Downtown rcdcvelopmcnt and parking
o Coachman Par!': f watcrfront rcdc\'e1opmcnt
o Othcr rcdc\'elopmcnt
19
20
COMMUNICATIONS VEHICLES -INTERNAL
Thesc lIrc the "insidc" ,'chicles that wilt hc lIsed to carry our mcsslIgcs tll audienccs:
· C-VIEW: Shows. PSAs. vidcos, Vid~o Bulletin Board (scrolling slides)
· WEB SITE: Internet (Intranctfor employees). We will work with IT to
provide retc"ant Web site content.
· l\IESSAGES ON HOLl): Recorded phone greeling for Im'ssagl's that arc
both short und long l~rm.
· VARIABLE l\IESSAGE BOARDS: Lighted wad way signs. used \0
lUlIlounce road closures. publ ic meetings, Towl1 Ilallmeetings. gencral
safety messages such as Buckle Up. etc.
· AUTODIALER: Recorded m~ssage machine lIsed to call speei lie areas
or neighborhoods.
· BANNEI{S: Street and pole banners (not currently inusc).
· UTILITY STU......ERS: Informatiol1 inserted into 47.000 utility bills that
arc mailed to city residents, as well as to gas customers. This area extends
as far south us Indiul1 Rocks and as far north as Pasco County.
· POSTERS: For speeiat campaigns. such as waleI' eonservutioll. Color
posters mcasuring tt., x t T' for city buildings, libraries and reereutioll
centers.
21
· DEP ARTl\1 Ei'lTALlPRUG RAM BROCII tJ RES: Distribut~d in public
building lohbi~s, r~cr~atioll c~nt~rs. lihrari~s. and othcr VCllUCS as
appropriate.
· CITlZEN'S GUIIlE: ~lail~d 10 ~"cry city n:sid~nt cvcry oth~r year. :\Iso
distributcd at utiliti~s, public buildings. librari~s. and othcr vcnul'S as
appropriate.
· ANNUAL I{EPORT: lns~rtcd in thc ,""/. Pl:/I:,.sbll"~ Tillles cvery
No"cmbcr.
· CAPITAL IMPROVEl\IENT PRO.mer NEWSLETTER: t\taikd
quartcrly to major stak~holdcrs. D~als with th~ status or capital
improvcl11l'nt proj~cts.
· CONNECTIONS EMPLOYEE NEWSLETTER: Distributcd quartcrly
to all city cmployccs and pcnsion~rs.
COMMUNICATIONS VEHICLES - EXTERNAL
These arc the "llutside" vehicles that will he uscd tll carry llur mcssa~es tll
audicnces:
. :-il. l'i!Il'r.lhllrg Till/I'S
. Ta/llpa 1i.ill/Illi!
. Weekly lu.:wspapers
. I.ocalnetwork and independent tek\'ision slatillns
. Local radio stations
· Chamber of COl11merce literatun.: and promolil)flS
· Convcntion & Visitors Bureau literaturc and prlll11otiol1
Thcse Illessa~es Illay take the form of paid :ldnrtisinf.\ Ilr puhlic scrvice Illcssaf.\cs
~cllcratcd frolll news releases.
~2
23
CONCLVSION
Th.:r.: arc two ckments that hav~ guided the constructil)n lIf' the l'ol1ll1lllllications Plan.
The same elcmcnts can be exp.:cted to guide its evolution in the lillure.
They arc:
· The gO~1I5 and directions put into place by the City Commission and implemented hy
the city's managemcnt team.
· Suryeys thutm.:asure public opinion about the city and its Ill~ssages. One is an
annual citizens' opinion poll: the llther is a hi-annual COllllllllllicatiolls surv~y that
cxamines the ctTectivcness ofthc city's Clllllnllll1icatilllls em.lrts.
With thc emergencc of thc Intcrnct and other technical advances. this is a time of' Illore
varied communicatiolls channcls. 110\\ cver. thc ertl.'cth e COllllllunieatioll of messages
isn't simply an exercise illlllenll expansion. Conllllunications that work bcst arc
cOlllmunieatiLlns that hegi n wi th careful listening.
We will cl)minue to listen carclillly tll th.: pcopte of Clcarwnler. and wc will continue to
hone our clTorts accordingly.
PLi) 5
U. '.~}D I .'J.' ~ {"3
~ Clearwater
u
From:
I3illl-lorne, City Manager
Cyndi Tarapani, Planning Dircctor {Y6.Y
To:
Date:
January 10, 2003
~
RE:
Short- Term Rentals of Rcsidential Propcrty
At thc September 16, 2002 City Commission Workscssion, the Planning Dcpartment made a
presentation regarding the City and Countywide Rules conccrning the short term rental of
rcsidcntial propcrty in residcntial zoning districts. Thcrc was general agreement at that mecting
that somc code amendments should be considered to furthcr clarify that short-term rentals arc not
permittcd in the residential zoning districts. The City Commission hcld a public input meeting
on this issuc on Novembcr 17, 2002 at thc Clcarwater Beach Rccreation Ccntcr with
approximately 200 people in attcndance.
The Planning Depm1ment is sceking clarification from the Commission on the amount of time
that is considercd to constitute a short-tcrm rcntal. Thc Planning, Development Serviccs and
Lcgal Departmcnts recommend that revisions be made to the definition scction of the
Community Devclopment Code to further clarify that a length of the short-term rental is defincd
as a rcntal period lcss than 30 consecutive days or 1 calcndar month.
Attached plcase find a comparison of short-tcrm rental rcgulations within the area and a copy of
the March 2002 issue of Zoning News issued by the American Planning Association that is
devoted to this issue.
cc: Garry Brumback, Assistant City Manager
Pam Akin, City Attorney
Jcff Kronschnabl, Development Serviccs Director
Gina L. Clayton, Long Rangc Planning Managcr
Attachment
S:\Plnllning Dcpnrtmcnt\Commllnity Dcvclopmcnt Codc\Short Term Rcnlnls Mcmo Sccking Dircction.doc
SHORT TERM RENTALS REGULATIONS COMPARISON
Local and Other Florida Communities
CH'
St. Pcte Bcach
Rcdington Shores
Madeira Bcach
Indian Shores
Indian Rocks
Beach
Tarvon Springs
Pasco County
Rc ulatioll
Dwellin IS must bc rentcd for at Icast 90 cia's.
No spcci tic rcgulations for singlc-family neighborhoods, thercfore
rclv on PPC rulcs. 30 da s inmulti-famil district.
Consistent with PPC rulcs in single-family districts Tourist
dwcllin s allowed in multi-famil ' district.
Not spccifically rcgulated. Must rcly on PPC rules.
Dwclling must be rcnted for at lcast 90 days.
Dwcllings must bc rentcd for at least six weeks in singlc-family
districts. AlIowcd in Rcsidcntial Multi-Family, Residential Officc
and Watcrfront Devclo mcnt Districts.
Pcmlitted outside of subdivisions through a conditional use permit
process. Pennitted in existing subdivisions through conditional use
pcmlit provided 51 % of lot owncrs arc in favor. Pcnnitted in new
subdivision or portion of subdivision provided approved through
conditional use pennit. Deed restrictions must specify whether or
not short tcnn rentals are cnnitted.
MARCH 2002
1\'/1\1
AMERICAN
PLANNING
ASSOCIATION
111
Short-Term Vacation Rentals:
...Iclentlal or Commercial Use?
By Nat( Hlltchfson
.. '. ::~;"~~D~iiY..i~~;" .~'~::~, "".-.,;",.-:,.) . ,:~~;;.. . ,:.:,:,:/;'
. .~~~\>'- (I' .~J.tl.' ...~j~\~;.~..~~:.~>..{t.......~.."7l...,l> ..... ~ ,"~,. Q:~~~t'~~ ," ~ '''t' .. .
,'I', :C:,:':, ("1'":f":'''': ~"', :,.;~;,;, - ,-. h.t'~~!~^"~';i;': (I..i~:' .:~~;C~~~'j1'>~ What happens when people lIVe and
::"': ,,' - . _ .t"~. .~r;'}'~~~'.n~"f~~~~")'''':re.' .4.<1.,~":: '
" " ; ~\ 1"1I . ,1 '!.'~".<j r.' .' '>4..... . r
, '. . ~ ' . \~ , ~H ~t7"f~!.$~~\~.,~:1lA~~:r' rt: i)~h' .. ".y~: : "
2~: . ~ ~ " .~ ~> Ja~i:i' }f'^f.5H .f' .:~.; " @:v.acation in the same tOUln, where
."'. . 1'. ,\ \. l\-'(~1"~ .t.......~ "', ""t.~r..:C .
, j \;d' '. "f~""~i':""W"-~Nf.!\".., ':.w.,," ~"ij', ,.~,., .... ; -;. '. . . ,;k..,'.... ,,:
"\ J {l' ., ~.,;::~.t.~."._1t.:_p;,~.~{!.~t-~,',:~~l~~, ~rr~~'" ~l_.tv."j-:;,',
':'r;'~',~~' . :. "..1' ';;ll;~": tj"' ,: '''':~f\\ ,\~'(~ <~. ,;<~~r';.vacatjon homes and permanent
,'.:,S,'.'d-.' ~~ .~ I ". 'Y' ,. '. . '~'; ~~ 1.!\7~:..i ",\. .
, .'. rJOM> ~l' . <<~,~ . ~. t::'~' ;! ;~i::. .~.~~: '1 ~
, '.' . . "':;"".. "', ' ~,. c'i'!<."" '
; <,'~ . ,.' ' ' ;':.,~', ~t}; H '!~'t"h .r.'d b 'd ~
:(:~i.~' ,) ".v, . ,,' I';V: " . . ',;,', ames are oJten Sl e ~ SI e.
,,~):f...,~. ~":II' 'h'.J'~ ,~ a~ ,1, ~. ~~l
'{",:-.\' ..~-'l.~~:.J ....('~.,..f...~~~v;...... .. ~ . ,,',./ .
\~;~~:;; t,:_..~~t~~u.i~.:'+:~'lf~ t" : ....p;r ~,:~~ ,~,..."..\'J!.u;'./: A survey of almost 40 tourist-
. ~r-:::'1'r.r'j,~ '~#~"",t1 ,t., . .' -. ~..;~.~;i~ ~~ 'l~ ~ t:.,.<t;: ;:'\l~,~' 1.;"";.,,.:-: '. ';ditj.,,,,l:ld .. '
H :J..;'.....,t<t.,.~t1i . ",......:..'..I.:'.J,~ 'iJ-;~li :rut~"~~~~~'I' :" ,...~. .,..... ;.... d .. L fi
' ;::: ~;:.:.: : <":;:jj :, :~:~;.<>~'1t },i" ' 'OrIente. commumtles was taKen or
:t' .. ;~~'~.." (, \ ..' O.-:iJ . <', .
.
Ii
1
d
~
:[
this iSstle a/Zoning News.
Americans love ro vacation as much as they love their
vacation descinadons. and demographers have noticed.
New migration patterns into some of the fastest growing
communities in the country-resort towns-suggest that many
people are relocating to the places that were once just summer
or weekend getaways. According to Peter Wolf, author of Hot
TOwns, ''A new species of American is on the move: not, as in the
past, the needy, but the comfortable. well-educated, and wc:ll-
trained; not the job seekers and risk takers. but those with
leisure, choices, and the wherewithal to seek out the best." By
Wolf's estimates, this migration includes anywhere from
700,000 to 1.6 million people per year, The strong 1990s
economy brought a wave of second-home purchases as
investments and family retreats. Resort areas-coastal,
mountain. and lakeside-have what these trendsetters want:
natural beauty, fresh air, and recreation. Communities with such
amenities are prime candidates for conflicts in land-use
planning.
What happens when people live and vacation in the same
town. where vacation homes and permanent homes are ofren
side by side? Regubtions that govern short-rerm rentals in
residential districts arc getting more attention as planners and
residents notice that these vacation homes can have a much
greater impact on the communiry than those that hOllse year-
round residents. Angry neighbors say shan-term rentals look
like single-f.lmily homes but funcrion more like commercial
uses. The crux of the matter for planners is finding a balance
between rhe inrerests ofye:lr-round. season.ll. :ll1d vacationing
people while considering the eITects on property rights,
economic vitality, and the sanctity of residential neighborhoods.
The dynamics vary from one rown to the next, bur the issue
seems to grow more contentious as more vacationers and year-
round residents live next to one another. A survey of almost 40
tourist-oriented communities was taken for this issue of Zoning
N~ws in order to shed light on this increasingly vexing land-use
phenomenon.
aelev.nc. ...d a....rch Background
In 200 I, APA's Planning Advisory Service recorded an increase
in the number of inquiries about planning for and regularing
short-term remal properties in residential areas-particularly
single-f.1mily districts. The survey revealed thar a significant
percentage experienced an increase in conflicts between rhese
and adjacent land uses. While some have recently drafted
ordinances to address the short-term rental problem, others are
still in the process of doing so or have expressed rhe need for
change, and because resort communities have different attitudes
toward tourism. each approaches the issue in a diITerent wa)'.
".pacta
The impact of a shon-term vacarioner compared with year-round
residents can be significant. Seasonal populations live and work
in the community, and thus become somewhat integrated.
Naturally, the)' increase demands on infrastructure and services.
Impacts associated wirh shan-term vacationers, however. are
more nuisance related, ofren generating noise and light pollurion.
Generally, rhe shorter the sta)', the less inclined one might be co
respect neighbor diplomac)'. Lm-nighr music and merrymaking,
floodlights, garbage taken our to the street on oIT days, dogs at
large. illegal parking. and negligent property mainrenance arc
garden-variety complaints often cited by annoyed neighbors.
Neighbors. planners, and property owners point to the
correlation between such problems and length of stay for the
rental property. In other words: the shorrer the stay. the higher
the impact. The stereotypical "weekend warrior"-trying to pack
the most fun into the least amount of time-will invariably
generate more trips to the store or beach. keep later hours, and
create: a greater disruption with light and noise. Still. for some
communities. the concern is not so much the negative impacts as
the lack of community involvement typical of transients.
AUorelabl. Housing
A more insidious problem with shorr-term renrals is their impact
on housing costs. \X'hen property owners decide to increase their
"rent stream" with short-term rental agreements rather than
renting by the season or year, they essentially "squeeze" the
Politics
Planners admit to a dilemma: Many property owners rely on
the rent streams and spending dollars generated by
vacationers. bur locals wanr to preserve thdr neighborhood's
residential character. Furthermore. business owners would
prefer to see an expansion of the local vacation lodging
market. When property owners are unwilling to forfeit
cerrain rights. leaving them at odds with neighbors who wanr
the relative quietude expected in a single-family
neighborhood. what should be done?
Indeed. people "vote with their feet" when choosing vacation
destinations or a permanent home, so politicians try to appease
the: greatest number of constituents. Invariably. residents will
threaten to abandon a once-beloved community or resort locale if
renting a house on the beach or settling into a neighborhood
means an endless stream of nuisances from disruptive vacationers.
supply of housing. pushing up the demand and, subsequently,
the cost. Ty Simrosky, planning director for Key West, Florida,
says, "It's another means of financing the acquisition of local
housing by non-local people and it fuels speculation in a rising
housing market." Simrosky explains that by allowing short-term
rentals, investors can cover the carrying costs of a house for a year
or two while the property appreciates in value and then sell it for
a healthy profit. Simrosky also says that while long-term
homebuyers are strongly opposed to short-term rentals in a
prospective neighborhood, investment buyers are less inclined to
care if a neighboring property is a short-term rental. This can
create a snowball effect that eventually replaces year-round
neighborhood residents with vacationers.
Communities most affected by a housing shortage arc those
with businesses that rely on lower-paying service and tourism
jobs. High housing costs have pushed many workers out of the
community. even beyond commuting distance. Simrosky also
speculates that there are workers being bused in from the
Florida mainland to sleep in bunk-house conditions just to work
for three- or four-day periods in Ke)' West.
2
(Abovt, lift) Short-tmn rtntals in Ship Bottom. Ntw fmry.
Pavtd yards and fXcmivt n/lmbas of vthiclts at short-urm
rmta/ houJfS art a common complaim of ntighbors. Btlitvt
it or not, thm art tht fronts of."ht howts. (About, right)
Most short-urm rtnUrs art unawart ofgarbagt co/kction
schtdults. (Lift) Boat and rtcrtation vthiclt parking is an
unpltasanr sight Jor ntighbors In this Monrot County.
Florida, ntighborhood.
Residents of Monroe County. Florida, put the issue on a ballot,
narrowly deciding-51 to 49 percent-against allowing short-
term rentals in improved subdivisions (single-family districts).
Subdivisions retained the right to vote on the issue separately.
H.alth, ....ty, .nll G.n.ral W.lf....
Historically. property owners in resort communities could rent a
home, regardless of the duration of the stay, by claiming that the
house was not used "primarily for commercial purposes." What
this really meant was that the structure could not be used for
such purposes for more than 50 percent of the year. However,
planners claim that approach is difficult to monitor and easy to
abuse. Most feel 'Zoning codes and a licensing system offer a
better solution despite the time and expense required for
administering and enforcing new regulations.
Most of the surveyed communities deal with short-term
rentals through the 'Zoning code. Imperial Beach, California,
justifies its interim short-term rental ordinance with a purpose
and intent that states "there is a current and immediate threat to
the public health. safety, or welfare of its citizens by owners or their agents rencing or selling units for periods of thirty
Permllled
Regulate Specific Number of Number
Short- Term Ordinance Consecutive of Tlmes License Year legal
Community Renlals Provisions I Term Used Days' Per Year By Zone Required Adopted Challenges
Aspen, CO No
......, He' Yes No
Boone, HC No
Burlington, VT No
Cope Cod, MA No
(ormel.by.the.Seo, (A Yes Yes lronsienl 30 Prohibiled 1975
Commercial Use
(ocoa Beoch, FL Yes Yes Transient Lodging 30 3 Yes 2000
(olchester, VI No
Eagle (aunly" (0 Yes per/PUD4
Imperial Beoch, CA Yes Yes Shori.termRe~lai 30 Prohibiled Yes 2001 Yes
Islamorado, FL Yes Yes Vocation Rental 28 Yes Yes
Key Wesl, ,FL Yes Yes lranilent Lodging 30 1998 Yes
Kiawah Island, SC Drofti~g Short.term Rental 30 Yes Yes hi dr'aft
Moggie Volley, NC No
Manchesle,r, VI No
Marathon, Fl Yes Yes Vacalion Renlal 30 Yes Yes 2000
Melbourmi B~ach, CA Yes No Resort Dwelling 30 Yes
Meridocln~ (ounty, CA Yes No lianiterit H'obilalion 30 Yes 1987
Monroe Counly, FL Yes Yes 30 Yes Yes Yes/Uphe!d
Monlerey, CA Yes No Shori.term Prohibited
Resldenlial Rental 30
Muskegon; Mi Yes No 7 Yes No
Myrtle Beach, SC Yes Yes lranslent 30 Yes Yes
Accommodalion
Nantucket; M~ ' "
No Yes
Ocean Cily! M,D , No
Pasco Caunly" R Yes Yes Shori.le'rm'Rentoi 30 3 Yes Yes 1999
Soco, ME Yes Yes Seasonal Rental 4 'months 'Prohibited Yes
, D.oil~ R~nl~1 , I
. . . . . , .
Son Juon Counly, WA Yes Yes Tronslen! 30 1998
Accommodolion/
Reslrlence/Glleslhouse
. .. . .
Sanibel, Fl , Yes Yes , Resorl ~ouslng 30 Yes Yes 2001
Santa (ruz, CA No/lransil 1984
Ouupancy Tax Shorl.ferm Rental
Saugaluck, M:I No
South Hoven, MI Yes Yes Shari.lerm Yes No
Owel,ling Unlf
Slowe. VT No t
Sturgeon Bay, WI NO/rronsil a
~
Occupancy Tax l:
~
Sullivon's island, SC Yes Yes Vacalion Renlal 28 Yesl Yes f
Telluride, to Yes shari'lerm' . 30 XI 1992 f.
~el.lln, Unlf , l
lraverse City, MI No ~
Voil. (0 , , No f
Yocha!s, OR Yes Yes lranslenl Rental 30 'Allowed In Yes 1992 iF
all Zones t
Thi, mallix " nO! exhaullive. EvelY leuonable alltmpl WII made In orhieve accuucy and Iholoughnen. bUI vuialio," in ordinallce lanKuage. fOlmal. and local puclice made
a .collll"el. lIlalri~ impollihle. 1'11111, it i'lIIeanl only AS a quick lefelence guide fOI luders of Ihi, IlIick The .holl'lelm l<nulllll,'ey evulved as it wal beinK conducled. 10
nor .11 quellinn, were liked uniformly 01 nf evelY IUlvey pallicil'anr.
I. Thil indical<l any Irclion of Ihe code chal il dedieat<<llo IhnlHell1l lellllls. lueh al illlerim ordinlnces or amend menu.
2, LaIl~IIA~r Vllies from en.le In endr in Ir'lIl' ofhnw rhey specify a lime period, Whrrr a monlh 01 four wreks was uled as rhe 'englh of Ihe lelrn. 30 <lay. illhe default
rt'pnlnr.
,I. CommunilY prder,..1 nnl he mrrllioned by n'mr,
4, Dtci.inn 1I",le hy IlIb.livisillll hyl.w.,
~, STR. IInl I'rrmille<l hy righl ill JI'y of rhe 10 lies ,
Ii, In mnll rrlUiuive dlllli<ll. Ihry are ["mirred In trnl lhlre rim.. or fewrl prl )'UI fUI ., Inul of ,\0 day. nl leu,
3
consecutive calendar days or less. . . and that such remals in the
residential zones of the city...may create ad\'crse impacts."
Commonly cited reasons for drafting an ordinance or
provision for shorr-term rentals includc protecting residential
character, maintaining housing affordabilit}', managing
infrastructure and service requircments, and complying with
hurricane evacuation capacity. Zoning ordinances, business
permits, and transient occupancy taxcs are ways of managing
this quasi-commcrcialuse.
Definitions are often at the root of governing shorr-term rentals.
Unfortunately, many zoning codes have a discrepancy between
defined terms and the provisions that llSe them. Terms arc
sometimes defined ~: the beginning of the ordinance but then
never used in the provisions. Conversely. provisions may contain
undefined terms, rendering the code too ambiguous. For exam pic,
some towns prohibit "transient rentals" in cerrain districts without
,!
~
!
about what actLl.l11y is a short-term rcntal. length of stay (wher'e
not determined by a definition of transient) is an illlportalH
factor in dcfining shorr-tcrm rentals.
There is a wide rangc of occupancy tenure in ;1 short-term
rental ordinance. Communities specify the maximum length
of stay in days, wceks, or months. Some simply distinguish
the use by type of occupant. usually transient or tourist, in
which case the terms should be clarified in the definitions
section.
Measures of occupanrs' permanency can include everything
from specifying the length of stay to whether the residence is the
Icgal address of its occupants. At th is fllndamenrallevcl,
communities can best begin to guide localland-llse practices.
Here, parameters are set largely acconling lU the nature of a
community's tourist population. the imporrance of lourism on
the local economy. and community goals.
(Abovr, Irft) Short-tam rmtal p rap my prominmtly displayrd on a
coma lot in Lrllm. Drlawarr. I'hr impact: \!thielrs ofvacationrrs
spilling Olla from thr drillrway onto thr strut. I'll( problun: This typr
of impact ocmrringfor wuks or months on md. (Abovr, right)
Apparmtly. morr PQllrmtnf. 1m yard mranI morr parking and 'm yard
maintrnanu for this short-trrm rmtal proprrty in Monror COllnty.
Florida. (Right) DrillrlUllY signs fOr a Kiawah Island. SOlllh Carolina.
short-trrm rtntall/lrlcomr Ilu nr.....t roulld offOmilirs sharing a hOIlS(.
defining the term "transient." Distinctions can be easily made
between the various types of lodging and rental properf}', and only
those uses that are specifically listed as permitted or conditional
should locate to designated districts. However, where single-family
residences are a permitted use, and the length of tenure is
unspecified. nothing in the ordinance can stop property owners
from renting the house on a short-term basis.
D.flnltlv. Crlt.rla
For communities grappling with such disputes, clear definitions
are essential. Other terms for short-term rentals include
transient commercial use. vacatiun rental home, vacation
property, transient lodging, resort dwelling, and resort housing.
Because transient also is used in the definition of other terms. it
too should be defined in context to alleviate confusion and
ambiguity. These terms are defined using various criteria. such
as structure type. length of stay, measures of occupants' perma-
nency. numher of occupants, and the type of occupants (family
memhers or unrelated people).
The tYPl' of structure (single or multifamily) often is not
specified in the ordinance, allowing room for interprctation
Regulating the number of occupants also can mitigate the
impacts of rental properties. Some communitie.~ specifY total
number of occupants by persons per bedroom, f.1mil)' members, or
non-related persons, not withstanding local fire codes. Islamorada,
Florida. limits occupancy to two people per bedroom plus tWO
additional persons. Other communities simpl}' limit occupancy to a
single family. as defined in their ordinance (see "Definitions and
Distinctions" for examples and commentary on relevant terms).
Defining family also can complicate the matter. Restricting
the use of single.family homes to families can be a difficult way
to regulate shorr-term rentals. mainly because the term r.1mily is
open to a wide r.lnge of literal and legal illlerpretations. Even so,
"traditional" r.1milies arc not devoid of impact risks, including
noisy infants or rowdy teenagers. The ever-changing family
paradigm does not make it the best measure hy which to
regulate short-term renrals.
One. D.fln.d, Wh.r. Are Short.term
a.ntal. Allow.'"
Tolerance levels ahout the imp.lets of short-tcrm rentals will vary
among communities. Communities with an intensc intcrcst in
~
. BED AND BREAKFAST
QQ~~ Bed and breakfasts are
similar In appearance and location to
many short.term rentals In residential
areas. However, the prunal'Y distinction
Is the mitigating presence of the ol'o'norl
operator,
[LeHnll,lQns~ Generally small, owner.op.
erated businesses pI'ovldlng tho primary
ftnanclal SUPP01't of the owner, Usually
the owner \lveG on promises, The
bulldlng's primary usage Is for bUSiness.
Inns advortlse. appropriate taxes. and
post Signs. Breakfast Is the only meal
served and only to overnight guests, The
Inn may host events such as weddings,
small bUSiness meetings. etc. Room num.
bel'S range from four to 20 with a small,
but Increasing number up to 30. Reser.
vatlons may be made directly with the
property. (Professional Association of
Innkeepers International)
Bed and breakfast means the use of
an owner.occupled or manager. occupied
l'esldentlal structure providing no more
than four rooms for temporary lodging
for transient guests on a paying basis. A
"Bed and Breakfast Inn" may Include meal
service for guests. (Blue Springs. Mo.)
. BOdDING Housll
Commentarv: A board1ng/roomlngllodg-
Ing house differs from the short. term
rental house because It hM multiple rooms
or units for rent and occupants share com-
mon kitchen or dining facllltles. Occupants
of a boarding house also tend to be less
transient (the definition of whloh depends
on community standards).
Definitions: A single-family dwelling
where more than two, but fewer than six
rooms are provided for lodging for defi-
nite perlods of times. Meals may or may
not be provided. but there Is one common
kitchen facility. No meals are provided to
outside guests. (Champaign. m.. Ivhlch
uses the term "boaroing/roomlng house'')
An establishment with lodging for
five or more persons where meals are
regularly prepared and served for com-
pensation and where food Is placed upon
the table family style. without service
or ordering of Individual portions from
a menu. (Venice, Fla.)
. FAMILY
~~ Hestrlctlng the use of
single. family homes to families can be
0. problematic way to regulate short-term
rentals. ma.lnly because the term fam-
Ily Is open to a wldo range of literal and
legal Interpretations. Even so. a "tradi-
tional" family Is not without Impacts.
such as vocal Infants or rowdy teenag-
'j
DEFINITIONS AND DISTINCTIONS
ers, The deftnltlon of family or single-
family house Is not the most Widely used
01' recommended tool for short.tol'm
rental regulation.
Def.ln1tlo.Ds: One or mol'O persons occupy.
Ing a Single dwelling unit, as a single
housekeeping unit, prOVided that unless
all membors are related by blood. mar.
l'lage. or adoptton. no such family shall
contain ovor six porsons. Including any
l'DOmers. boarders and lor domestlo ser.
vants. A home for Independent \lvlng with
support personnel that proVides room and
board. personal care and habilitation ser.
vices In a family environment a.s a single.
housekeeping unit for not more ~han six
resident elderly or disabled persons (men.
tally andlor physically ImpaIred) .....Ith at
least one, but not more than two resident
staff persons shall be considered a fam.
Ily. (TulsR. Okla.)
One or more pel'sons, related by
blood, marriage, or adoption. occupying
a \lvlng unit as an Individual housekeep-
Ing organization. A family may Inolude
two, but not more than two, persons not
related by blood, marriage. or adoption.
(/olva City. Iowa)
One or two persons or .':l.rents. with
their direct lineal desoflndants and
adopted or legally cared faT children (and
Including the domestic employees thereof)
together with not more than two persons
not so related, living together In the whole
or part of a dwelling comprising a. single
housekeeping unit. Every additional
grnup of four or fewer persons \lvlng In
such housekeeping unit shall be consld.
ered a. separate family for the purpose
of this code. (St. Paul. Minn.)
Two or more persons related to each
other by blood. marriage, or legal adop-
tion \lvlng together as a single house-
keeping unit; or a group of not more
than three persons who need not be reo
lated by blood. marriage. or legal adop.
tlon, living together as a single house-
keeping unit and occupying a single
dwelling unit. (Lake County. Ill.)
One or more persons occupying a
premlse[s) and living as a single house-
keeping unit a.s distinguished from a
group occupying a boardinghouse, lodg-
Ing house, or hotel as herein defined.
(ScottsdAle. A 1'/7.,)
. GUJIlST HOUIIIl OR GUIlST COTTAOE
Commentary~ Ouest cottages can present
a loophole for short-term rentals In
single-family residential distrICts unless
certain specifications are made--:namely
that usage Is only allowed for non.pay-
Ing guests.
DefinItiOn.;. Ouest house (accessory
dwelling Unit) means a detached 01' at-
tached accessory structure secondary
to the prinCIpal single. family residen-
tIal unit designed and most commonly
used for Irregular residential occu-
pa.ncy by family members. guests, and
persons providing health care or prop.
erty maIntenance for the owner. (San
Juan County, Wash.)
. HOTEL OR MOTEL
<:.Qmmentarv' Hotels/Mo~els typically
have separate entrances a.nd an on-site
management office.
Definitions: A building In which lodging
is provided and offered to the pub\lc for
compensation. and which Is open to tran.
sient guests and Is not a rooming or
boarding house as herein defined. (Boone
Count}'. Mo.)
A building or group of bWldlngs In
which lodging Is prOVided to transient
guests. offered to the pUbllc for compen-
sation, and In which access to and from
each I'oom or unit Is through an exte.
rtor door. (Cecil County. Md.)
. TRANSIIlNT
Commen~ "Transient" can be used
to describe a person or a land use. Am-
biguous or subjective words-"short,"
"long." "seasonal," "temporary"-should
be either avoided altogether or clarified
with precise units of tlme--:number of
hours, days. weeks. or months. When a
community defines a transient as a per.
son \lvlng In a dwelllng unit for "a short
time only," the term "short" could be
Interpreted In a variety of ways. To al-
leviate further confusion. the nature of
a person's stay may be clarified. as Is
done In the definition below from Stur-
geon Bay, Wisconsin.
Q.!Ulnlllona; A pel'son who travela from
place to place away from his or her pel'-
manent address for vacation, pleasure.
recreation, culture. or business. (Stur-
geon Bay, Wis.)
Any person who exercises occupancy
or Is entitled to occupancy by reason of
concession, permit. right of access, !I.
cense or other agreement for A. porlod
of 30 consecutive calendar days or less,
counting portions of calendar days as
full days. Any such person so ooouPY'
Ing space In a visitor accommodatIon fa.
clllty shall be deemed to be a tmnslent
until the period of 30 dl\Ys ha.s explrod
unless there Is an agl'oement, In writ-
Ing, between the opel'ator and the occu.
pant prc;,ldlng for 1\ longel' period of OC'
cupancy. (MontoI'PY. GaUf.)
promoting tourism may be more permissive. allowing ,he:":: :n
restricred disrricts. while others will diligenrly prolCC: rcsiJe:"::i.l!
districts. In the most rcstrictive communities, shon-tcrm renr.lls may
be prohibited outright in residential districts. rvlonroc Cm::::y.
Florida, prohibits thcm unless a majority of homeowncrs "'"te them
into a subdivision. Communities may permit shorr-tcrm re:ltJls as a
conditional use or allow them only when rented fewcr th.ln (nur
times each year.
Conditional Uses and Licensing
\X'hether shorr-term rentals are allowed by right or as a conditional
use. additional requirements to benefit both the occupanrs .1nd
neighbors arc recommended. For example. operating a short-term
rental may require physical inspection to determine the sar"ety of the
structure from ha1~lrds such as fire and over occupancy. Other
requirements might include posting a "notice to occupant"
reminding visitors of mandatory evacuation in case of a hurric.1ne (in
prone areas) or a "code of conduct" for the neighborhood. which
might list regulations for occupancy, parking. boat docbge. fines. or
helpful information such as garbage and recycling pick-up. Both
should be printed in a large font and prominenrly display~.
Regulating by Ratio
Mendocino Count)', California. setrled on an acceptable ratio of
short-term remal properties to year-round residents: Loc.1ls deemed
13 year-round resident houses to one shorr-term remal ho~e
tolerable. The community requires operating permits for shorr-term
rental properties. An additional vacation rental permit is issued for
every 13 new residential units. The number of permits is finite but
siting is still Aexible. To maintain an orderly and f;lir distribution of
permits. the count)' does not allow them to be sold or transferred.
The count)' considers shorr-term rentals a commercial use. allowing
additional shorr-term rentals as parr of a 50/50 mix of commercial
and long-term residential dwelling units in mixed-use districts.
Legal Challenge.
Legal challenges will invariably arise in neighborhoods where
homeowners enjoying the comforts of a quiet back yard are
suddenly interrupted by noise or light from an adjacent short-
term rental property. Places with restrictions on shorr-term rentals
such as Key West and Imperial Beach have faced legal challenges.
which may include vesting. consistency with the comprehensive
plan. definition of family, and allowable time for amoniution.
However. anecdotal evidence suggests that the longer an
ordinance has been in place. the more accepted it is. ~{OSt of the
planners interviewed for this article were confident in the
defensibility of their short-term rental ordinances.
Mitigation and Amortization
Some of the mitigation tools used to ofTset the impacts of short-
term rentals include having a 24-hour contact person or
management service. vehicle registration. and short-term rental
medallions-a sign or badge on the front of the home identifying
the residence as a vacation propeny. the name of lhe management
company, and a contact person. The use of medallions is widely
criticized because critic~ say they invite thieves and vandals. Such
mitigation measures arc typically paid for and provided by the
properry owner as a condition of receiving an operating permit.
Other measures. such as increasing code enforcelllenr stafT-as is
done in Ke)' \X'e~t--or bolstering visilOr awart'ness through
signage to politely inform them of the neil~hborhnod\ quiet
residenrial character may be paid for with tax H~velllle generated
from shorr-term remal properlie.s.
'Ic) avoid a takings chalkr:~~. Cllml1lunities that have recently
enacted more re~triClive cnJt" .11so have included an amortization
schedule th.lt phases out slw::-tcrm relllal properties. IslamlllaJa
.llIows two )'l'.lr5 for amonil.l::0n and Imperial Beach is proposing
five-year amortil.ltion. Sulliv.w's Island. South Carolina. requires
proof of use as a shorr-term remal during the IHcyious 12-month
period to reduce the number nf rClltal properties. Thosc that lapse
are not eligible for future licensing.
Enforcement
Detection of problem renL1Is (an occur either frolll complaining
neighbors or a dedicated municipal enforcement !lafT. Penal!)'
fines range from $100 a d.,:, in SKO. r-"Iaine. to $500 for each day
of violation in Kiawah Isl.1nd. South Carolina. Olher penalties
include denied permit renew.lls. permit revocation. or
misdemeanor citations. Fines .lre a comparatively small expense
for proper!)' owners whose shan-term rentals generate healthy
relllrns. 50 some owners vi rn:.1lly ignore the restrictions. says
~'lonroe Coun!)' planner ~I.ulene Conway. Saco requires
property owners to renew permits annually. A history of
complaints is kept on file .llld those with more th.m two recorded
complaints will not be issued .1 permit for the corning year.
Administering a shorr-term rental ordinance burdens both the
budget and stall Issuing permits and code enforcement takes
time and mone)'. Permit or licensing fees and taxe.s on shorr-term
lodging can oflSet dll'se expenses. Fees var)' from a fixed amollnt
to a sliding scale based on the percent of income generated per
calc:ndar year-both of wh ich usually amount to $100 to $200.
In states that gram local governments the authoriry to tax this
type of land use. the taxes felr the lodging fee can range from four
percenr on the low end to seven percent in Deschutes Coun!)'.
Oregon. Santa Crul" California. taxes 1 0 percent.
Conclu.lon
Technology. telecommuting. and lifestyle priorities will continue
tn fuel the infiltration of newcomers into resorr communities
with long-established residents. For these and other reasons, the
populations of traditional get-away destinations will surge and
change. bringing with them increased pressure to adapt to new
people and new land-use challenges. Deciding whether short-
term remals are commercial or rcsidentialland uses is an
importam first step in addrcs.sing the issue. Perhaps the zoning
code is the best defense in preserving the tranquility that made
such places attractive in the first place.
Selected ordinances from the shorr-term rentals survey arc
available to Zoning Nfl/IS subscribers. Please contact Michael
Davidson. Co -editor. Zoning Nf/llS. American Planning
Association, t22 South I\lichigan Avenue. Suite 1600,
Chicago. IL 60603. or e-mailmdavidson@planning.org.
Z""lIIl N"", 1\ .1 monthly nrw\IC'IIC" ru~lHh('d hy Iht Anu'fl(jO I'l.annin~ Auoci.lllOll
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(,
Short Term Rentals serve a valuable purpose in Clearwater
I am a Beach propcrty owncr. I bought a homc on North Cleanvater Bcach last summcr
with the intcntions of using it as an cnticcmcnt to bring my wifc's family dO\\l1 from
Indiana to visit us morc oftcn. I also saw it as a convcnicnt wcekcnd beach get-a-way for
my immediatc family, and as a good solid investment. Although our primary residence is
on Island Estates, my wife and kids spcnd a lot of time at thc beach, and cnjoy spending
weekcnds there. \Ve would not have the opportunity to do this ifwc rented the housc on a
long term basis as some have suggested we do. The only alternatives I have arc to keep
thc homc unoccupicd except when we use it, or to rent it on a short term basis when we
aren't staying there. Obviously short tcrm renting has it's advantagcs for me. It hclps mc
pay the high property taxes, which by the way do not have a cap like a primary residcnce,
flood insurance, maintenance and all the othcr conveniences such as utilities, cable TV
and so forth. This is not the only rental property I own. I have others in Clearwater. Like
many other Clearwater residents, I think that investing in Clearwater is a smart, good
investment. I try to be a good ncighbor, and a responsiblc property owner. I take pride in
my properties, and spend a lot of time and money keeping them maintained so they will
be an asset to the neighborhoods they are in. I know from experience though that it is
hard to keep a long term rental property up to my standards. Most long term tenants just
do not have the pride of ownership in a property they do not own. However, my beach
home is always well maintained, and has to be, because I am competing for
discriminating families looking for the best place to enjoy a vacation in Florida. I am on
the property every week kecping it in top condition, something that is very hard to do
when you rent long term.
The averagc family in America takes a vacation lasting seven to ten days. A
recommendation to raise the short term rental time to a month or more will eftectively
eliminate more than ninety percent of vacationers. There are no flfor rent" signs posted on
my property because I think that takes away from the look of the neighborhood. I
advertise exclusively over the Internet. My web site (www.tropicalbeachrentals.com) was
published shortly after we bought the house. Every month the traffic on my web site has
been increasing. Although I'm a relative newcomer I get about a thousand "hits" a day on
my web site. Every day I spend an hour or two responding to inquiries from families all
over the world who want to rent my house. Rowdy spring breakers, College partiers or
oversized groups that would damage my house are not considered. My home is furnished
to accommodate families and these families will spend thcir vacation dollar in
Clearwater. Iff cannot help them, I refer them to another Clearwater Beach vacation
homc owner who can. Thcse are families looking for a vacation home. not a motel. Now
do the math. I am one property owncr out of over a hundred on Clearwater Beach who
rents "short lcnn". That is a lot of promoting of our community, and a lot of moncy going
to businesses on Clearwater Beach, Clearwater and surrounding areas. It is a lot ofta'\(
money (11%) collccted on those rental transactions. Where are these pcople going to go
if short tenn rentals are not an option in Clearwater? They will go somewhere else in the
blink of an eye. The hour or two I spend on the computer everyday is selling Clearwater
to families that have not been here. I work hard to convince them that Clearwater beach is
a tropical paradise just waiting to accommodate them in a family setting located in a
Page 1 of 1
Brink, Carolyn
p~ iLS
To: Commission
Cc: Wilson. Denise A.
Subject: Re: Short Term Rentals
Commissioners - I had two calls on my voice mail re: short term rentals:
1) Georgia - against short term rentals
2) Carol Kinnear - Eldorado Avenue - does not believe in short term rental limits.
cb
,
1/21/2003
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Tribune photo by GHEG FIGHT
, Lakeland workers plant a palm tree on North Florida Avenue in down-
town as part of a $6~O,OOO state and city beautification project.
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Lakeland Sprucing Up Florida Avenue
LAKELAND - A $600,000 beautifi - '
cation project is wIder way along
North Florida Avenue, a major
gateway into downtown.
City workers are planting
medjool palm trees. pink pet roses,
crape mynles and coonties - an
evergreen ground-cover plant -
along a seven-block stretch of
North Florida from Memorial Bou-
levard south to Main Street. Live
oak trees will be planted on both
sides of the road, and drainage
ponds along the stretch will be
landscaped, city officials said,
The project is being funded by a
$300,000 beautification grant from
the Florida Department of Trans-
portation, with the city putting up
a matching $300.000. The project
began last month and will be com-
pleted in early June, said Bill
Tinsley, director of parks and rec-
reation,
, nllllleery.
Countywide Traffic Signal Systen1
DRAFT January 21, 2003
Prepared by Pinel/as County Public Works, Keith Wicks, P.E., Director
The County will be responsible for the following defined "Countywide Traffic Signal
System":
1. Maintenance responsibility for ALL (781 +/-) traffic signals, traffic signal
communication system and including school crossing signals and other similar
facilities.
2. ALL engineering studies for new signals or modifications to existing signals. If a
study shows a signal is not warranted, but the city or county insists on installation the
funding must come an alternate source. Maintenance will be accepted once
installation occurs.
3. . ALL capital costs for signal upgrades or new warranted signal construction unless
included as part of a separate road improvement or other transportation project or
land developement.
4. ALL Advanced Traffic Management System (A TMS)/Intellegent Transportation
System (lTS) implementation, including cost. FDOTIFederal funding assistance is
anticipated.
5. ALL traffic control on all County maintained arterial and collector roads in Cities.
6. All traffic control for traffic signal timing regardless of road jurisdiction. FDOT may
be the only exception.
Benefits of Countywide Traffic Signal System and Control:
1.. Improved traffic signal coordination to relieve traffic congestion.
2. Cost effectiveness through economics of scale.
3. Cities relieved of traffic signal and control expense.
4. Clearer communication with FDOT 011 A TMS/ITS issues, funding included.
5. Standardization of service levels.
Conditions:
1. Countywide program dependent on'new revenue source (currently idcmified as gas
tax).
2. County willing to contract with Clearwater and St. Petersburg for traffic signal
maintenance services in their geographic area (not restricted to city limits). Included
are traffic signal communication network maintenance costs. excludillg ITS
equipment and communications network. St. Petershurg may get lease line hill paid.
I
.
Cleanvater may get paidJor maintaining the city owned signal communication
network.
3. All funding for Countywide traffic signal and traffic control design, implementation,
construction, operatiol1 and maintenance will come "off the top" of any new revenue
source prior to distribution to Cities and COUl1ty, ifrequired by statute to be
distributed
4. Cities retain traffic control on city streets. County willing to consider contracting
with Cities Jor County to pelform this service for City.
5. Service standards to be established by joint task team of Cities, County and FDOT.
Addresses Cleanvater's concerns about loss oj service levels.
6. Advisory committee made up of City, Coul1ty and FDOT to recommend operating
practices. final authority resides with County.
7. Location of Primary Control Center (PCC) will be at County maintenal1ce facility on
US 19 and subject to being relocated in future should an emergency service
communication center be constructed elsewhere and traffic managemel1t were
assigned to the new facility.
8.. Implementation will be by written agreement, effective for all signals and control
upon execution.
9. All Cities will require writtel1 agreement, not just Clearwater and St. Petersburg.
10. Hiring of PCC staffis County responsibility.
11. Schedule: Binding agreement in place between St. Petersburg, Clearwater and
County by end of March 2003. County may withdraw allfurther activities including
fuuding sllpportfor ITS if acceptable arrangement is not establishedfor Countywide
operations and maintenance.
2
Countywide Traffic Signal System
Draft Basic Organization Chart.... .. January 17, 2003
'"'"'
Board of counT Commissioners
County Administrator
I
Public Works Department
Advisory Committee
County Engineer
City Engineer
FboT Engineer
-
--
Primary Control Center (PCC)
For Traffic Signal System and Control
I
PCC (Pinellas County Employees) Staff
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~I PO #03-1
.-\ RESOLUTION OF THE PINELLAS COU~TY
METROPOLITAN PLANNING ORGANIZATION
ENDORSI~G A COUNTYWIDE TRAFFIC SIGNAL SYSTE;\l
WHEREAS. Pinellas County and the Cities or Clearwater and S1. Petersburg each han: their own traffic
control center: and
WHEREAS, the Cities of Clearwater and S1. Petersburg each operate and maintain the traflic signals in
their respective jurisdictions: and
WHEREAS, Pinellas County, through agreements with local municipalities, opcrates and maintains
tramc signals in citics other than SI. Petersburg and Clearwater and in thc unincorporatcd
areas; and
WHEREAS, thcrc arc benefits to a countywide traffic signal system, including improved traffic signal
coordination. cost cffcctiveness through economics of scalc, cities relieved of traffic signal
and control expenses, and standardization of service levcls; and
WHEREAS, Pinellas County would assume rcsponsibility for all traflic signals in thc County for all
jurisdictions, including maintenance, engineering studies, control for signal timing, capital
costs lor upgrades, and implementation of the Advanced Traffic Management System; and
WHEREAS, Pinellas County would fund and staff a County Traffic Control Center for countywide
signal system operations: and
WHEREAS, Pinellas County would take action in the implementation of a new revenue source for the
countywide traffic signal system operations and control; and
WHEREAS, Pincllas County may contract with Clearwater and St. Petersburg for traffic signal
maintcnance services in their gcographic arca; and
WHEREAS, the MPO desires to go on rccord as endorsing such a countywide tra/lic signal system.
NOW, THEREFORE, BE IT RESOLVED that thc Pinellas County Metropolitan Planning Organization,
duly assembled in regular session this 1 tit day of Febmary, 2003, endorses thc concept of a
countywide traffic signal system that would be operated and maintaincd by Pinellas County
for all jurisdictions
Chairman
Pincllas County
tv1ctropolitan Planning Organization
ATTEST:
Exccutiw Director
CITY OF CLEARWATER
Interdepartmental Correspondence
TO:
Mayor and Commissioners
FROM:
&;;)
Cyndie Goudeau, City Clerk V
SUBJECT:
Follow up from January 21 , 2003 Work Session
COPIES:
William B. Horne, City Manager
DATE:
January 22, 2003
In response to the January 21 Work Session, the following information is provided in final
agenda order:
Item #11 - Public Hearing & First Reading - Ord 7070-03, Ord 7071-03, and Ord 7072-03 -
2400 Varsity Drive - It is in an AE flood zone, which has a required elevation of 27.
Construction requirements will be determined as the developer submits proposals.
Items #35 - Interlocal Agreement between Pinellas County Environmental Management and the
City of Clearwater - Ambient Water Quality Monitoring information is provided:
Parameters to be monitored; see attached Monitoring and Reporting Requirements (4
pages). The cost of the program division among the participants; see attached Exhibits 8
and C (3 pages).
~