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04/17/2003 CITY COMMISSION MEETING 04/17/03 NOTE: 04/14/03 PRELIMINARY (WS) AGENDA & PAPERWORK THAT WAS IN PACKET INITIALLY BUT THEN NOT CONTINUED ONTO THURSDA V'S . COMMISSION AGENDA ISA T THE BACK OF THIS AGENDA PACK. o ACTION AGENDA - CLEARWATER CITY COMMISSION MEETING Thursday, April 17, 2003 - 6:00 P.M. - Commission Chambers ITEM #1 - Invocation - Hibbard ITEM #2 - Pledge of Alleqiance - Mayor ITEM #3 - Service Awards- Given ITEM #4 - Introduetions, Awards and Presentations - Given a) Presentation of "Painted Otter" by Gerri Raymond & Dennis Kellenberger - Clearwater Marine Aquarium b) Outdoor Arts Foundation - Jay Gould e) TBRPC Environmental and Development awards - (Postponed) d) Proclamation: Vitiligo Awareness Month - 4/03 e) Proclamation: Child Abuse Prevention Month - 4/03 ITEM #5 - Approval of Minutes - 4/3/03 ACTION: Minutes approved as amended re page 11, Item #35, paragraph 8, to reild ". . . had learned it will be a difficult year for Florida League of Cities legislatively. He complimented Representatives Carassas and Berfield for supporting City positions in a recent committee vote." ITEM #6 - Citizens to be heard re items not on the Aqenda Nicholas Fritsch thanked the City for sponsoring the "Rally for America" on 4/5/03 at Coachman Park. William S. Connolly reeommended the new park on Gulf-to-Bay Boulevard be named after Myron Smith. David Hemerick said parking on the south side of the Memorial Causeway's west end has been degraded and expressed concern commercial vehieles park there overnight. Anne Garris recommended Poinsettia be widened to four lanes if a proposed project eliminates East Shore. John Wiser congratulated 2003 Mr. and Mrs. Countryside, Doug Williams and Carlen Petersen. He recommended Countryside Reereation Center be opened on Sundays and that lawn crews pickup trash prior to mowing mediums. PUBLIC HEARINGS ITEM #7 - Public Hearinq - Declare as surplus a portion of the Northwest % of Section 14-29- 15; Approve an Easement Aqreement with the Florida Department of Transportation for the construction of a Dynamic Messaqe Siqn as part of the ITS (Intelligent Transportation System) deployment on Gulf-to-Bay Boulevard and adopt Res #03-16. (PW) ACTION: Approved. Resolution adopted. ITEM #8 - Public Hearinq & First Readinq - Ord #'s 7107-03, 710a-03 & 7109-03 - Approve the petition for Annexation, Land Use Plan Amendment from County Residential Low (RL) to City Residential Low (Rl) and Zoninq Atlas Amendment from County R-3. Sinqle-Family Residential District. to City LMDR. Low Medium Density Residential District for 1779 Audrey Dr. (Lot 37, Pinellas Terrace in Sec. 05-29-16). ANX2003-01001 (PLD) ACTION: Approved. Ordinances passed 1st reading. Commission Aetion Agenda 2003-04-17 1 ITEM #9 - Publie Hearinq & First Readinq - Ord #'s 7113-03. 7114-03 & 7115-03 - Approve the petition of Annexation. Land Use Plan Amendment from County Residential Urban (RU) to City Residential Urban (RU) and ZoninQ Atlas Amendment from the County R-4. One. Two and Three Family Residential District. to the City LMDR. Low Medium Density Residential Distriet for 1714 Jade Ave. (Lot 9, Jade Heights Subdivision in Sec. 03-29-15). ANX2003-01003 (PLD) ACTION: Approved. Ordinances passed 1 st reading. ITEM #10 - Publie Hearinq & First Readinq - Ord #'s 7110-03. 7111-03 & 7112-03 - Approve the petition for Annexation. Land Use Plan Amendment from County Residential Low (RL) to City Residential Low (RL) and ZoninQ Atlas Amendment from County R-3, Sinqle-Family Residential Distriet, to the City LMDR. Low Medium Density Residential Distriet for 1740 Nursery Rd. (Lot 7, Block B, Douglas Manor Lake in See. 23-29-15). ANX2003-01002 (PLD) ACTION: Approved. Ordinances passed 1st reading. ITEM #11 - Publie Hearinq & First Readinq - Ord #'s 7116-03 & 7117-03 - Approve a Land Use Plan Amendment from the Residential Low Medium (RLM) and Residential Urban (RU) eateqories to the Recreation/Open Space (R/OS) cateqory and a ZoninQ Atlas Amendment from the County R-4. One. Two and Three Family Residential District and the City MHP. Mobile Home Park Distriet to the OSR. Open Spaee Reereation Distriet for property located at 3035 Gulf-to-Bay Boulevard (a portion of Traet A, Myron Smith's Bay View Subdivision; a portion of Lots 2 & 3, Block 5, Revised Map of Town of Bay View; a portion of vacated County Road 31; and a portion of Lots 1 & 4 of Revised Map of Town of Bay View in See. 16-29-15). LUZ2003-01001 (PLD) ACTION: Approved. Ordinances passed 1 st reading. Public Hearing - Second Reading Ordinances ITEM #12 - Ord # 7119-03 - approve the applieant's request to vacate First Avenue West street riqht-of-way from the north riqht-of-way line of Woodlawn Street to the north property line of Lot 20. Belleair Hiqhlands Subdivision. (aka 638 Woodlawn Street), subject to the retention of a drainage and utility easement over the full width of the right-of-way. ACTION: Ordinance adopted. ITEM #13 - Ord # 7105-03 - approve amendments to the Community Development Code clarifyinq definitions of residential use, dwellinq unit and overniqht accommodations and adding a new seetion regarding prima facie evidence of certain uses. ACTION: Ordinance adopted. 4:1 (Hamilton) CITY MANAGER REPORTS CONSENT AGENDA (Items #14-26) - Approved as submitted less Item #14(3), which was pulled. . ITEM #14 - Approval of Purehases per Purchasinq Memorandum: 1) Purchase to furnish and install Milliken Quattra carpet tile (includes removal and disposal of existing floor cover) in the Main Poliee Department for $189,154.54 from Sylvan Chemical Company, LaGrange, Georgia. (GSS/Bldg Ma) 2) Purchase contract for irrigation parts and supplies during the contract period of May 1, 2003 through April 30, 2004 for $75,824 from John Deere Landscape. Clearwater, FL. (PR) 3) Purchase of CEC track mounted portable materials screening plant for $172,840.91 from Pioneer Machinery, Inc., Orlando, Florida. (GS!SW/Fleet) - PULLED Commission Action Agenda 2003-04-17 2 4) Purchase of Cellular digital packet data during the contraet period of March 14,2003 through March 31, 2004 for $120,000 from Alltel, Little Rock, Arkansas. (Police) 5) Purchase contract for Gas materials - gas meters and regulators during the eontraet period of May 1, 2003 through April 30, 2004 for $155,000 from M.T. Deason Company, Ine., Birmingham, Alabama. (Gas System) 6) Purchase contract for Gas materials - gas meters and regulators during the contraet period of May 1, 2003 through April 30, 2004 for $80,000 from American Meter Company, Roswell, Georgia. (Gas System) 7) Purchase of restoration, repair and maintenance of Garden Avenue and Municipal Services Parking Garage for $404,766.45 from pargon Construetors Inc., Minneapolis, Minnesota. ITEM #15 - Approve an Agreement for Display of a Work of Art for the installation of a vinyl mural on the exterior of the Harborview Center as a projeet of the Outdoor Arts Foundation, Inc. (ED/HSG) ITEM #16 - Award a contract to Sprint, Charlotte, NC, in an amount not to exeeed $47,500 for the purehase of Sprint Call AccountinQ and Voicemail system in aceordanee with Sec. 2.564 (1 )(d), Code of Ordinanees, Florida State Contract # 730-650-99-1. (IT) ITEM #17 - Re-appoint James M. Quinlan to the Board of Trustees, Clearwater Poliee Supplementary Pension Plan. (PO) ITEM #18 - Amend the Local Aqency Proqram (LAP) Aqreement between the Florida Department of Transportation and the City of Clearwater for the Clearwater Beach West BridQe/Spur Connector. (PW) ITEM #19 - Aceept a blanket Water Main and Utilities' Easement over and aeross Pinellas County parcel # 07-29-16-0000-110-0800, a/k/a Royal Raequet Club, from Timothy C. Szazynski and Carol Szazynski. (PW) ITEM #20 - Approve a contract with Community Service Foundation. Inc., a Florida nonprofit corporation, to sell surplus property known as the Fulton Apartments. 1620 Fulton Avenue, situate in portions of Bloek D, Norwood 1 st Addition and Block H, Avondale Subdivision for $925,000, subjeet to terms and eonditions therein, less estimated closing costs of $6,550, providing $718,450 estimated net proeeeds at closing, plus $200,000 payable over 30 years. (PW) ITEM #21 - Approve the final plat for "Sun Ketch Townhomes at Lake Avenue Replat" at the southeast corner of Druid Road and lake Avenue. (PW) ITEM #22 - Approve a Proposal for Services in the amount of $90,000 from Grimail-Crawford to perform phase two of the Beaeh to Bluff Guideway Study pursuant to City Code Section 2.564(1 )(b), sole source purehase. (PW) ITEM #23 - Approve an Interlocal Agreement amonq City of Clearwater, Pinellas County Board of County Commissioners, Pinellas County School Board, and eleven cities within Pinellas County reqardinq the future planning for public schools. (PlD) ITEM #24 - Appointment of Commission members to Reqional & Miseellaneous Boards. (ORLS) Commission Aetion Agenda 2003-04-17 3 ITEM #25 - Request for Authority to institute a civil action aqainst Harris-McBurney Company to recover $1,217.69 for damage to City property, (CA) ITEM #26 - Authorize the City Attorney to alloeate an additional $20,000 in the defense of the City and James Wood in the case of Pallsano v. City, for a total amount of $60,000. (CA) OTHER ITEMS ON CITY MANAGER REPORT ITEM #27 - Adopt the Res # 03-21 approvinq the City of Clearwater - State Housinq Initiatives Partnership (SHIP) Program Local Housing Assistance Plan covering State Fiscal Years 2003- 2006. (ED/HSG) ACTION: Resolution adopted. ITEM #28 - Update re IAFF eontract neqotiations. ACTION: Update given. ITEM #29 - Other Pendinq Matters - None. CITY ATTORNEY REPORTS ITEM #30 - Other City Attorney Items - None. ITEM #31 - City Manaqer Verbal Reports The City Manager said he appreciates residents who telephone and e-mail staff regarding deficiencies. ITEM #32 - Commission Discussion Items a) Elect Vice-Mayor of Commission (ORLS) ACTION: Hamilton elected. b) Resolution re Tampa Bay Water ACTION: Authorized letter from Mayor ra Impact of loglsllltlvo proposals that potentially destabilize Tampa Bay Water. Request loglslaturo dofor lIctlon until local review of issue is completed. ITEM #33 - Other Commission Action Hibbard eongratulated Gray for doing a great job tiS Vleo-MClyor. Hibbard, referencing a small motel's sign issue, recommended residents and businesses communicate with staff regarding Code issues and not rely on contractors for aeeuracy. Hibbard and Aunqst thanked Lisa Chandler for organizing Sun Fest on Clearwater Beaeh, whieh was a great success. Tampa Bay Bucs Coach Jon Grudel1 and Monte Kiffin were presented the Key to the City. Hibbard congratulated Countryside Country Club for closing on 4/12/03 and dedieating the day to Hospice, raising $100,000 for them. Hibbard, Jonson, and Hamilton recognized Firefighter Joe Colbert, who is retiring after 18 years of service. Commission Action Agenda 2003-04-17 4 Hibbard invited staff to join him bowling for Relay for Life on 4/19/03 at AMF Lanes on Hereules, Hibbard wished his daughter, Whitney, a happy 17th birthday. Gray thanked volunteers for their help with the 4/12/03 Operation Donation, an annual day to donate needed items to Tampa Bay Cares 211 and hoped next year's response improves. Gray congratulated Curtis Fundamental Elementary and Coaehman Fundamental Middle sehools for their generous donations of personal care items for CHIP. Gray announeed the YMCA Kid Fishing Rodeo is seheduled at Pier 60 on 4/26/03. Jonson reeommended the PPC consider establishing regulations for wireless communication antennae. Jonson said he had participated in a ribbon eutting eeremony for new PSTA trolley route 68, connecting Tyrone Square Mall with John's Pass, distributed beaeh ehair business eard holders, and thanked the Radisson for providing a turnaround point for the trolley. Jonson said he had distributed eorrespondence from PST A Executive Director Roger Sweeney regarding the mobility issue to be discussed 4/30/03 with the MPO and PST A. Jonson recognized Firefighter Joe Colbert's son, Steve, who was named Firefighter of the Year and awarded the Fire Department's first Gallantry Award. Hamilton encouraged residents to continue philanthropic actions during these diffieult eeonomie times to help those less fortunate. Aunqst said he had attended the Cattle Barons Ball on 4/12/03, in support of the Ameriean Cnneer Society. Aungst said the 4/5103 Rally for America Day at Coachman Park was a great sueeess and tt1anked everyone who eame out to eheer. AunQst expressed his appreciation to the talented and hardworking staff recognized at the 4/10/03 Employee Aehievement Awards Luneh. AunQst said on 4/24/03 he will participate in a breakfast meeting and panel discussion of regional issues with S1. Petersburg Mayor Baker and Tampa Mayor Iorio at the Radisson Hotel on Ulmerton Road. AunQst said on 4/26/03, the City's annual tree give-away is from 9:00 a.m. to noon at the Publie Serviee Complex on Arcturas, and the Clearwater Airpark Open House has many exciting events planned from 10:00 a.m. to 3:00 p.m. AunQst announced the next Work Session is on 4/28/03 at 9:00 a.m. ITEM #34 - Adiournment - 7:24 p.m. Commission Aetion Agenda 2003-04-17 5 TO: Brian Aungst, Mayor FROM: Susan Chase, City Clerk Specialist COPIES City Commissioners, Bill Home, Cyndie Goudeau SUBJECT: Presentations at the April 17,2003 Commission Mecting DATE: April 17,2003 The following presentations will be made at the April 17,2003 Commission Meeting: to\' C~lrs Joyce M. Kirchoffer [Kerch-Offer], Library (letter of appreciation, desk clock) 25 Ycars Douglas J. Wlasiuk [Vlasic), General Services (write up, letter of appreciation, gift certificate) 30 Ycar's Shcn'ie L. Nicodemus [Nick-a-deern-us), Planning (write up, letter of appreciation, gift certi ficatc) commission 04-17 . 8Ul-- ~ "I" ~ :;!J'.=-. g ..... - (ii \'9~ ~ Clearwater City Commission Agenda Cover Memorandum Work session Item #: Final Agenda Item # :) 4/14/03 Meeting Date: 4/17103 SUBJECT/RECOMMENDA TION: SERVICE AWARDS o SUMMARY: and that the appropriate officials be authorized to execute same. The following employees be presented with service awards for their length of service in the employment of the City of Clearwater BACKGROUND: 5 Years Elizabeth T. Linstruth Earl J. Uchiyama Lynn E. Jason 10 Years Ramon J. Cosme Ethridge J. Hall James K. Charon Joyce M. Kirchoffer 15 Years Timothy D. Hannas Larry K. Roberts Gary W. Johnson Deborah S. Lutz Library CHUD Police Police Police Public Utilities Library Public Services Public Services Solid Waste Information Technology 15 Years (cant.) William J. Phillips William J. New Michael Stambaugh 20 Years Carol Marshall Richard A. Niemiller Raymond M. Taylor Glen L. Bahnick, Jr. Kevin E. Tucker 25 Years Douglas J. Wlasiuk 30 Years Jennie A. Keegan Sherrie L Nicodemus Reviewed by: Originating Dept: Legal Info Srvc - - Budget Public Works User Dept. - - Purchasing DCM/ACM - - Risk Mgmt Other Attachments - - Submitted by: City Manager o Printed on recycled paper 2/98 o None Total Current FY Development Services Public Utilities Public Services Police Public Utilities Police Engineering Public Utilities General Services Finance Planning Costs Funding Source: CI op Other Appropriation Code: Rev. ~~~V.t;~~9 l~ ~d" Q ..... '... c( 10:::;. "".'- ~ \:~'''='' ~ ~IfATf.?.<;~ ~"... Clearwater City COlllmission Agenda Cover Memorandum Work session Item #: P LU I Final Agenda Item # 1 Meeting Date: Lf - ; 7 -03 SUBJECT/RECOMMENDATION: Declare as surplus a portion of the Northwest % of Section 14, Township 29 South, Range 15 East; Approve an Easement Agreement with the Florida Department of Transportation for the eonstruction of a Dynamic Message Sign on Gulf to Bay Boulevard and adopt Resolution #03-16, @ and that the appropriate officials be authorized to execute same, SUMMARY: . The City and the Florida Department of Transportation (FDOT) have deemed it necessary to construct a Dynamic Message Sign (DMS) on Gulf to Bay Boulevard in the area of Crest Lake Park. . The DiviS is part of the ITS deployment on Gulf To Bay Boulevard that is a result ofa Federal Earmark the City reccived in 1999 for development of ITS on S.R. 60. . The casement is for a piece of property 10 foot by 20 foot for the construction of a mast arm structure to hold a DivIS over the westbound lanes ofS.R. 60 approximately 300 feet west of Lake Avenue. . FOOT will oversee the construction of said OMS and will own the structure and replace in the event of damage. . The ITS project is believed to serve a valid public purpose. . Declaring the subject parcel surplus and granting casement therein to the FOOT complies with section 2.0 I (d) (5) (iii) of the City Charter that authorizes the transfer of sUlVlus property to another governmental entity for less than the appraised value after an advertised public hearing has been held, and a finding by the commission of a valid public purpose for the transfer. . A copy of the Eascment Agreement is available at the Official Records and Legislative Scrvices Department for revicw. Reviewed by: .' Legal /:j _, ' ( ;,,{.lG-.,- ," .;,t' Budget N/A Purchasing N/A Risk Mgmt N/A Originating Dept: "l\. (,j Info Srvc N/A Public Works Adm./Eng (P. Bertels) Public Works ~ User Dept. DCM/ACM /--0' Other Attachments Costs N/A Total Current FY Funding Source: CI OP Otlle r Submitted by: City Manager ~~ Resolution number 0316 Map Appropriation Code: o Printed on recycled paper , Rev. 2/98 RESOLUTION NO. 03-16 A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA, AUTHORIZING THE GRANTING OF A PERPETUAL EASEMENT TO THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION OVER A 200 SQUARE FOOT PORTION OF CITY-OWNED PROPERTY LYING IN THE SOUTHEAST 14 OF THE SOUTHEAST 14 OF THE NORTHWEST 14 OF SECTION 14, TOWNSHIP 29 SOUTH, RANGE 15 EAST, PINELLAS COUNTY, FLORIDA; FINDING VALID PUBLIC PURPOSE; DECLARING SAID PROPERTY AS SURPLUS TO CITY NEEDS FOR THE PURPOSE OF CONVEYING THE AFORESAID RIGHTS; PROVIDING AN EFFECTIVE DATE. WHEREAS, the State of Florida Department of Transportation (FDOT) proposes to construet or improve State Road No. 60, Section No. 15040-2501, in Pinellas County, Florida; and WHEREAS, it is neeessary that an easement across certain lands now owned by Clearwater, Florida, be aequired by the FOOT; and WHEREAS, said use is in the best interest of the City; and WHEREAS, the FOOT has made application to said City to exeeute and deliver to the FOOT a perpetual easement in favor of the FDOT for the purpose of construeting and maintaining a Dynamic Message Sign Structure, easement and said request having been duly considered, and WHEREAS, Section 2.01 (d)(5)(iii) of the City Charter authorizes the transfer of surplus real property to another governmental entity for less than appraised value after an advertised public hearing has been held, and a finding by the commission of a valid public purpose for the transfer; now, therefore, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: Section 1. That the application of the FOOT for a perpetual easement over, across and upon certain City-owned lands lying and being situate in the Southeast ~ of the Southeast ~ of the Northwest ~ of Section 14, Township 29 South, Range 15 East, containing 200 square feet, more or less, and being more particularly described and depicted in EXHIBIT "A" appended hereto, is found and declared to be for a valid public purpose, and is hereby declared surplus within the meaning of the City Charter for the purpose of conveying perpetual easement therein to FOOT for construction and maintenance of a Dynamic Message Sign Strueture. Consideration shall be one dollar. F <~;-:.= '" ~:. i"1 i. : : ;., ~ - , .:. Section 2. That a certified copy of this Resolution be forwarded forthwith to the State of Florida Department of Transportation at 11201 N. McKinley Drive, Tampa, Florida, 33612. Section 3. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this day of ,2003. Brian J. Aungst Mayor-Commissioner A~,~.~oved as to,.for.m): ',..' . . / ') / I )~1- -.' .~ ; :. I ',/ ;,". ~ t ) II..;, .;. .. ,,: I '" l_. _- , . ., I' Bryan'Ruff _/ f - -- Assi~tant City Attorney / Attest: Cynthia E. Goudeau City Clerk Resolution No. 03-16 I il -i ~i ~I -I ___L ~ cO .....:0._ :;:: ~~~~~ :~~g:~~ . Otllt r-",...... ~S~~O~~ 6~~~~'~ ~~~~~ ~ ~~ ::.; -t t.J .J \.J '1 l..J 0- '.J "'t - CJ "...."'''\\,.'1.- ~ ~ ~ 5 ~: ;~ ~ ~ ~ l,);"'" 0 t~ \.oJ _ _ "I LoJ U W ""':1 .:: loJ '" .' n _ +- ..~ 1I't_ .....:( - ~ ,.. :r 4. ... loJ ",.. V OOLCj -.,. ....... ~~ ;::~2~::-~~~ l- V> <t W Ltl III w ... 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'" .... 0- j; i ~ ~ z g; a: ::;; ::> ... a. z V1 , g: ... w 0; 0 '" '" UJ ~, ~ .0\ z z .... -' 8 a: 0 w iE r:! N ... Z ::> ~ w 0 u '" ,/ C 0> " g co ! '" '" ~ ~ '1 '" 0 :1. IX W n. I.JO z", -N ~. o ~... '0 Iron Cl ZZ -0 ,-- "'... -u xw wVl PERPETUAL EASEMENT This instrument prepared by, or under the direction of RICHARD R. VICKERS DISTRICT SEVEN GENERAL COUNSEL Department of TranspOrtation 11201 N. Malcolm McKinley Drive Tampa, Florida 33612 PARCEL 800.01 WPI/SEG 4084191 S.R. NO.: 60 COUNTY PINELLAS WPI NO. : 7117107 (MAP REF) SECTION : 15040-2501 (MAP REF) MANAGING DISTRICT: SEVEN Legal Description Approved: Date: 02/04/03 By: Margaret H. Caron PE . 13 THIS EASEMENT made this day of , 200____, by the City of CLEARWATER, a municipality of the State of Florida, grantor, to the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, 11201 N. McKinley Dr. Tampa, Fl 33612, its successors and assigns, grantee. WITNESSETH: That the grantor for and in consideration of the sum of One Dollar and other valuable considerations paid, the receipt and sufficiency of which is hereby acknowledged, hereby grants unto the grantee, its successors and assigns, a perpetual easement for the purpose of constructing and maintaining (a/an) DYNAMIC MESSAGE SIGN STRUCTURE easement in, over, under, upon and through the following described land in PINELLAS County, Florida, viz: That part of the Southeast 1/4 of the Southeast 1/4 of the Northwest 1/4 of Section 14, Township 29 South, Range 15 East, Pinellas County, Florida, being more particularly described as follows: Commence at the Northeast corner of the Southeast 1/4 of the Southeast 1/4 of the Northwest 1/4 of Section 14, Township 29 South, Range 15 East, Pinellas County, Florida; thence South 00017' 20" East, along the East line of said Southeast 1/4 of the Southeast 1/4 of the Northwest 1/4, a distance of 617.18 feet to the easterly extension of the Northerly right of way line of State Road 60 (Gulf to Bay Boulevard), Section No. 15040-2501; thence North 89005'47" West, along said Northerly right of way line and the extension thereof, 339.01 feet to the POINT OF BEGINNING; thence continue North 89005'47" West, along said Northerly right of way line, 20.00 feet; thence North 00054'13" East, 10.00 feet; thence South 89005'47" East, 20.00 feet; thence South 00054'13" West, 10.00 feet to the said POINT OF BEGINNING. containing 200 square feet, more or less. TO HAVE AND TO HOLD the same unto said grantee, its successors and assigns forever, together with immunity unto the said grantee, its successors and assigns from all claims for PARCEL 800.01 PAGE 1 damage, if any, arising from or growing out of such construction and/or maintenance to the lands, if any, owned by the grantor, lying adjacent or contiguous to the lands hereinabove described. IN WITNESS WHEREOF, the said grantor has caused these presents to be executed in its name by its Mayor, and its seal to be hereto affixed, attested by its City Clerk, the date first above written. ATTEST: Its City Clerk Cynthia E. Goudeau Countersigned: The City of CLEARWATER By: Its ~~~~ City Manager PRINT NAME William B. Horne II Brian J. Aungst, Nayor-Commissioner ADDRESS PO Box 474P. APpro.ved as to~rt;n71 i I~ / )/.. /f ~,{. !,{.~.'! / /' .f....JL.I---.. -.Br-ya,;/D. Ruff', Assis ta'p1t City At torney STATE OF FLORIDA r.lp~rw~tpr FI 337S8-~748 COUNTY OF PINELLAS The foregoing instrument was acknowledged before , 200 , by Florida who is personally known to me or who has produced identification. me this , Mayor, of day of CLEARWATER , as PRINT NAME Notary Public in and for the County and State last aforesaid. My Commission Expires: Serial No., if any: PARCEL BOO.01 P?GE 2 Clearwater City COllunission Agenda Cover Menlorand U1l1 Work s'2ssion Item #: PW I <6 Final Agenda Item :t rvieeting Dote: 04-17-01 SUB.) ECT/RECOl\Il\ IENDATI ON: APPROVE thc Pctition for Annexation. Land Use Plan Amendment from County Residential Low (RL) to City Residcntial Low (RL) and Zoning Atlas Amendment from County R-3. Single-Family Residential District. to City LMDR, Low Medium Density Residential District for 1779 Audrey Drive (Lot 37, Pinellas TC'Tace in Section 5. Township 29 South and Range 16 East); and PASS Ordinances #7107-03, #7108-03 & #7109-03 on first reading. lBJ and that the appropriate officials be authorized to exeCUje some. (ANX2003-0 I 00 1 ) SUMMAR\': This subject site is located at 1779 Audrey Ori ve. which is approximately 870 feet east of US 19 and 1.015 feet north of State Route 590. The subject property is approximately 0.20 acres in area and is currently occupied by a single- family dwelling. The purpose of the annexation is to enable the applicant to receive City sewer service. The abutting right-of-way is also proposed to be annexed. A Future Land Use Plan designation of Residential Low (RL) is proposed along with a zoning category of LMDR. Low Medium Density Residential. The Planning Depal1ment determined that the proposed annexation is consistent with the following standards specified in the Community Development Code: . The proposed annexation will not have an adverse impact on public facilities and their level of scrvicc. . The proposed annexation is consistent with the City's Comprehensive Plan, the Countywide Plan and the Community Development Code. . The proposed annexation is contiguous to existing municipal boundaries. represents a logical extension of the boundaries and docs not crcate an enclave. This annexation has been revicwed by the Pinellas Planning Council (PPC) and Pincllas County staffs according (Q the provisions of Pinellas County Ordinancc No. 00-63, Section 7(1-3), and no objections have been raised. Reviewed by: Legal ~ Budget N/ A Info SNC N/A Costs Total Purchasin N/A g Risk Mgmt N/ A Public N/ A d1 V Works (}:.UI DCM/A~--~,/ "PLANNING DEPARTMENT Other ~ Attachments ORDINANCES NO. 7107-03. 7108-03 & 7 109-03 STAFF REPORT Funding Source: Current FY CI OP Other Submitted by: "'1)..l , I City Manager r::>>-U~'" t.4 Printed on recycled paper 2/98 o None A ro riatlon Code: Rev. ANX2003-01001 1779 Audrey Dr. Todd Ermscher Page 2 Please refer to the attached report (ANX2003-0 1 001) for the complete staff analysis. The Community Development Board reviewed this proposed annexation at its regularly scheduled meeting on March 18,2003 and unanimously recommended approval. S:\Planning txpartltlcnl\C D mAnncxalions\ANX - 2003\ANX2003-01001 1779 Audrey Dr Todd Ennschcr\CC ANX2003-01001 1779 Audrey Dr Tod Ermschcr.doc COB Meeting Date: Case Number: Agenda Item: March 18,2003 ANX2003-0 I 00 I CI CITY OF CLEAR\VA TER PLANNING DEPARTMENT STAFF REPORT BACKGROUND INFORMATION: O\VNER: APPLICANT: LOCATION: REQUEST: SITE INFOR1\'IA TION PROPERTY SIZE: RIGHT-OF-WA Y SIZE: DIMENSION OF SITE: PROPERTY USE: Current Use: Proposed Use: PLAN CATEGORY: Current Category: I)roposed Categor)': ZONING DISTRICT: Current District: Proposed District: Todd Ermscher & Jodi Ermscher Todd Ermscher 1779 Audrey Drive. located on the east side of Audrey Olive. approximately 870 feet east of US 19 and 1,015 feet north of State Route 590. To annex the property and the abutting right-of-\vay into the City of Clearwater at the request of the property owner and approve the appropriate City land use plan category and zoning district. 8.712 square feet or 0.20 acres 4.356 square feet or 0.10 acres 88 feet wide by 105 feet deep m.o.1. Single-family residential Single-family residential Residential Low (RL) Residential Low (RL) R-3. Residential Single-Family District (County) LMDR. Low Medium Density Residential Staff Report - Comlllunity Devclopmcnl Board -- March 18. 200~ - Case ANX2003-0 I 00 I Page I EXISTING SURROUNDING USES: i\'orth: Single-fami Iy residcntial South: S ingle-fami I y resi den ti a I East: Single-family residential West: Singlc-family residential ANAL YSIS: The subject property is located on the cast side of Audrey Drive at 1779 Audrey Drivc. approximately 870 feet cast of US 19 anu 1.015 feet north of State Route 590. The applicant is requesting this anncxation in ordcr to rcceivc City scwcr service. The propcl1)' is contiguous with the existing City boundarics to the nOl1h and west: therefore. thc proposed annexation is consistcnt 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 0.20 acres in area and is occupied by an existing single-family detached dwclling. If approved, the propel1y will have a Future Land Use Plan designation of Rcsidential Low (RL) and a zoning category of LMDR. Low Mediulll Density Residential. A. IMPACT ON CITY SERVICES: [Section 4-604.Fll Water and Scwer: The applicant is cUlTcntly 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. Thc closest sewer line is located in the adjacent Terrace Olive right-of-way. The sewcr impact fee of $900.00 and assessment fee of $733.30 has been paid by thc applicant. Solid Waste: Collection of solid waste will be provided by the City of Clearwater. The City has an interlocal agreement with Pinellas County to provide for the disposal of solid waste at the County's Resource Recovery Plant and capacity is available to serve the property. Police: The proposed annexation is located within Patrol District 3 in which there arc cUITently 56 patrol officers and 7 patrol sergcants and a lieutenant assigned to this District. The District Station is located at 2851 North McMullen Booth Road. Community policing servicc wilI bc provided through the City's zone systcm and officers in the field. The Police Department wilI be able to serve this property and the annexation will not adversely affect police service and response time. Fire and Emergency Medical Services: Fire and emcrgency medical services will be providcd to this property by Station #48 locatcd at 1700 North Belcher Road. The Fire Department will be able to serve these propcrties and the annexation will not adversely affect firc and EMS servicc and response time. In summary. the proposcd annexation will not have an advcrse effcct on public facilities and their level of scrvice. Staff Rcport - Community De\'clopment Bmm.l- March 18.2003 - Ca~c ANX~OO3-01001 Page 2 B. CONSISTE~CY \\'1'1'11 CITY'S CO:\IPREIIE:\SIVE PLAN: [Scction 4-604.F.2j The Pincllas County Comprchcnsivc Plan and the Countywide Plan designate the sitc as Residential Low (RL). It is thc PUIl)OSC of this category to depict those areas of the County th:1t are now dcvclopcd. or appropriatc to bc devcloped. in a low density residential manner: and to rccognizc such areas as primarily wcll-suited for residential uses that arc consistent with the low density. non-intensive qualities and natural resource characteristics of such areas. Residential uscs are thc primary uscs in this plan category up to a maximum of fivc (5.0) dwclling units per acrc, Secondary uses includc Residcntial Equi\alcnt: Institutional: Transportation/Utility: Publ1c Educational Facility: Ancillary Non-Residcntial and Recreation/Open Space. The annexation docs not propose to change the Residcntial Low (RL) plan category and thc proposed use is consistent with the uses and density of this plan category. Furthcr. the annexation promotes infill dc\'c]opment as statcd in Objcctive 2.4 of thc Clearwatcr Future Land Usc Plan: 2,4 Objective - Compact urban development within thc urban service arca shall be promotcd through application of the Clearwater Community Dcvclopment Code. In summary, the proposed annexation is consistcnt 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 \"'IT" COMMUNITY DEVELOPl\IEl\T CODE AND CITY REGULATIONS: [Scctions 2-1201.1. & 4-604.F.5.] As stated earlier, the application for annexation involvcs an existing single-family detached dwelling. Thc propel1y is 88 feet in width and 8,712 square feet in ]ot area. The appropriate zoning district undcr the Community Development Codc is the LMDR. Low i\'ledium Density Residential Distlict. Under the CUITent LMDR zoning district provisions, a minimum lot width of 50 feet and a minimum lot area of 5,000 square feet arc required. The subject propeI1y exceeds the minimum dimensional rcquirements of a standard dcvclopment in thc LMDR District and is thcrefore consistent with the Community Dcvclopmcnt Code. D. CONSISTENCY \\'1'1'11 THE COUNTYWII>E PLAN: Thcre is no changc rcquested in thc Comprehensive Plan category of thc site. which will rcmain Residential Low (RL) with a maximum density of five (5.0) units per acre for the Residential Low plan category. E. CONSISTENCY \\'1'1'11 PINELLAS COUNTY ANI> FLOI~IDA LA \\': Pursuant to Pincllas County Ordinance No. 00-63, the Pinellas Planning Council and County starr have reviewed this annexation and determined it complies with the ordinance criteria. S!;lfll<l:'pilrt ('lll11l111111lly Ik\l'I\'pl11l'1l1 Bl';ud ~Iardl IS. ~O(J3., eN' :\NX~O().'.()Il\()1 Pa~c ~ Florida Statutes requirc that a proposed anncxation be both contiguous with the CXlst1l1g municipal boundaries and compact in its conccntration (FIOIida Statutes Chaptcr 171). This sitc is contiguous with thc cxisting City boundarics to the nOl1h and wcst and rcprcsents a logical cxtension of thc cxisting boundarics. Thc compactncss standard of FIOIiJa law rcquircs that thc annexation docs not crcatc an cnclavc or a scq)cntinc pallCI11 of municipal boundaries. Thc anncxation of this propCrly is consistcnt with this standard and no ncw enclavc will bc crcatcd. In summary. thc anncxation of this propeny is consistcnt with Florida law. F. CODE E~FORCEl\IE7'iT Ai\ALYSIS: Thcrc arc no CUITcnt codc cnforccmcnt \'iolations or any code cnforcemcnt history on this site. Slll\IMARY AND RECOl\l'IENDA TIONS: Thc proposcd anncxation can bc scrvcd by City of Clcarwater scrvices. including sanitary sewer. solid waste. policc. fire and cmcrgency mcdical sCJ'\'ices without any advcrse effect on the scrvicc Icvcl. Thc applicant has paid the rcquired sanitary sewcr impact fee and assessmcnt fcc and is awarc of thc additional cost 10 conncctthc propCl1y to the City scwer systcm. The proposcd anncxation and cxisting use arc consistent with both the City's Comprchensivc Plan and thc Countywidc Plan both with regard to the Futurc Land Usc 1\1ap as well as goals and policies. Thc existing and future use of this sitc as a single-family homc is consistent with the LMDR zoning district. Finally. the proposed anncxation is consistent with FIOIida law regarding municipal annexation through its adjacency with cxisting City boundaries and is compact in conccn t rut i on. Based on thc above analysis. the Planning DepUl1ment recommends the following actions on the request: Recommend APPROV AL of the annexation of the property located at 1779 Audrey Drive. Rccommend APPROVAL of thc Residcntial Low (RL) category pursuant to the City's Comprchcnsivc Plan. Rccommcnd APPROVAL of the U...1DR. Low Mcdium Dcnsity Residcntial zOning district pursuant to the City's Community Devclopmcl~~ ~ode',1 J . Prepared by Planning Dcpal1mcnt Staff: /VV~ W~ Marc A. Mariano. Planner Stiff RCPl'r1 - Community De\'c1l1pment Bl1ard - ~ 1arch IS. :003 - Ca~e :\~X2003.0 lOOt Page .t Attachments: Application Location Map Aerial Photograph Future Land Use Map Zoning Map Sun'ounding Uses Map Site Photographs S:\I'I:Ullling Dcpartrncnt\C D B\Annexalions\ANX - 2003\ANX2003.01001 1779 Audrey Dr Todd Errnscher\ANX2003-01001 1779 Audrey Dr. staff rcport,doc Staff Report - Community Development Board - March IS. 2003 - Case ANX2003-0 I 00 1 Page 5 ORDINANCE NO. 7107-03 AN ORDINANCE OF THE CITY OF CLEARWATER. FLORIDA, ANNEXING CERTAIN REAL PROPERTY LOCATED ON THE EAST SIDE OF AUDREY DRIVE. APPROXIMATELY 870 FEET EAST OF US 19 AND 1,015 FEET NORTH OF STATE ROAD 590, CONSISTING OF LOT 37 PINELLAS TERRACE, WHOSE POST OFFICE ADDRESS IS 1779 AUDREY DRIVE, TOGETHER WITH ADJOINING RIGHT-OF-WAY OF AUDREY 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 depieted 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 37, Pinellas Terrace, according to the map or plat thereof, recorded in Plat Book 49, Page 52, Public Records of Pinellas County, Florida, together with adjoining right-of-way of Audrey Drive. (ANX2003-01 001) 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 Approved as to form: Attest: \.'/ .~/C' .;{~;, I\,Y~(( ,0\ A Ch r{i ~.' 10<', Leslie K. Dougall~Side(\ \ Assistant City Attorney , . Cynthia E. Goudeau City Clerk Ordinance No. 7107-03 /81B lR?! 1818 1819 1818 1819 'n 181] f\ 813 Q:: 1812 ~ ",,. ISI:? 181.< 1812 Q 1/1/.'1 1813 y,!/ 1806 >- UJ ~ 807 1807 'Rno; 1807 1806 Q:: 1807 1800 1807 ,;Me> ,.. Sed 1804 g ~ alulY_ 5l ~ 0 Q Cl Q 1800 180/ 1800 :Ii 1800 q: ,.(1(> ~ ~ ~ '" " " " /j MORNINGSIDE DR "- <') 0- ~ ... ~ '" ~ ~ 8 '" ... '" .., ... l:: ::? ., ~ to. ~ "- ~ ~ ~ ~ ... '" '" " '" '" '" ~ ... '" " " " ~ 1774 ! " ~ .~ ~ ~ N TERRACE DRIVE .. n/ 178.~ 17tH Q h '" ~ ... .... TEl . ??" ; /779 1775 1778 . " .....':: .-: . .. < - , 1771 '. 1m .. -: 1m:" ,.,"" in'; 1760 /7S6 ".::: to. '" 1-' 17M 1762 .' , "";~ti ';' a:::i7.S~'p '. . ,?.;.~..' , Q>'." 'Y.~ . ,,' 1767' 1752 ~ '.. " "67 ' . .,..' . "'!Iio,.., , .'., ,..,..,. 1766 . ..,..:.. _.7u i.:, '. '7"" .... _ ' ,., ~'.'. .. '. ,. ~, " . . '..... '17<:;' .. ~., ;~;';'n; :" .' ..,.'" .' :'" -; .':::s;...!>.::.:',.' ; I~ ::;., 1761 '., ., ',.. P ,. ;lI.I;~ I,' ,', .... .:' ~:: ,.'., .... ~760. Q( '17~1 .'. ",'1744 . ' ~, 1745:-.n' :':;.:,' J ...... . :'.: ' : '. . ," " ,Q '1755 '. r741 \.\:. '~;;;;)~X~C:=!i ~L ;<p~;^j<;,"~~~:: ~, ~;, ... .... .' :.:"; ';.. ~'.::. ;:; , . 1745..0<...", ..,....".1.7.f8"Qr,Jr..~>,:.,'- :"~':',';".'< 0: 'J7.jP'" ,.' .;i...n3fl,.,:,l~~7,,;l. -,- 1767 1721 1758 1751 ~ 1750 -.J ~ 1746 ..... 1742 ~ ~ JitiJ 1717 J738 \ /734 {~ i;~;:::,;;~~~ PROPOSED ANNEXATION Owner. Todd Ermscher Case: A NX2003-D 1 001 Site: 1 779 Audrey Drive Property Size(Acres): 0.20 R.O.W Size (Acres); 0.10 land Use Zoning PIN: OS/29/16/71424/000/0370 From: Rl R-3 (County) To: RL lMDR A tics Page: 264A Exhibit A Ordinance No. 7107-03 ORDINANCE NO. 7108-03 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 AUDREY DRIVE. APPROXIMATELY 870 FEET EAST OF US 19 AND 1.015 FEET NORTH OF STATE ROAD 590, CONSISTING OF LOT 37, PINELLAS TERRACE, TOGETHER WITH ADJOINING RIGHT-OF-WAY OF AUDREY DRIVE, WHOSE POST OFFICE ADDRESS IS 1779 AUDREY 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: 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 37, Pinellas Terrace, according to the map or plat thereof, recorded in Plat Book 49, Page 52, Public Records of Pinellas County, Florida, together with adjoining right-or-way of Audrey Drive. (ANX2003-0 1 001) Land Use Cateqorv Residential Low Section 2. The City Commission does hereby certify that this ordinance is consistent with the City's comprehensive plan. Section 3. This ordinance shall take effect immediately upon adoption, contingent upon and subject to the adoption of Ordinance No, 7107-03, 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 Approved as to form;--J Vit-',// V., Leslie K. Dougall-Sides, Assistant City Attorney ,.~ Attest: ,t"7 ~}.., Cynthia E. Goudeau City Clerk Ordinance No, 710S-03 I.'i;, 1"; J.~:S :"::.:' i 1': ' IIlI,) IR16 1"'12 fS ~rj) CJ: CJ: fS Zfl J Q Q ''';'.1 llil~ ..,J J,,\'I:; 161:: '...Z:i l' :.: 1813 l,~t)li f, L ~ M L ).. " 'L ~ ~ lRL IJ.J /5(17 ':'1t' 25 Ib'{l; JRC\(j a: 18(1'; 1-"(._7 5 160: . 0110 Scale, ~ g - Jhfl~ CJ: .lfot 0 Sutvey Cj c q: " 0 0 ~ ::t IS,'I '8')' ~ I. 0 ~ R tMJ 16,\1 :;; . . ~ ~ .- ~, /~ MORNINGSIDE DR ,. ~ 0 ~ Cl fl ~ ~ I. ~ &:. ~ 0, ,. .. !':- ~ ,. '" t- o. ,- L ~~ ,. ~ ,-. ;t ':;' ;t <: !~ " " " " 0, f " 0, " -R 01 z::: v/n . . - '" ... .., " ... f1 L ... ,~ '" "' '" o. t. t<) / ~ N ;0 i1 :;: ~ " :,0 J7t~ ... N TERRACE DR " ~~ i.= '774 . TERRACE DR 17....;!- Ii ' I ..-. 176(, ,,,,, lii5 1779 1.5f. t- . ";'i 177. 0' J 71;ti 0: J1!i3 -~ RU:! 1771 /772 /773 1772 Q '7". 1752 ~ '7(;7 1766 1767 -r.r. 17rlfi ,;,n ~ 1"',<0 a: /761 1760 176/ RL ILl 17M 1760 ~ Q ~ li61 17JJ 17d'o RL 1755 1741 RIO/R 1750 ..,J 1751 ~ RL ~ J 7.54 ).. 175J 17JO I 7411 ~ Ii L ~ ~ J7"~ 1745 /7JB ~ IH9 0 /73< J737 1742 17-'9 t-- 17/7 ~ ~ /742 /743 1743 /73_ /733 i--- 1742 /7"-1 _'0 -. V&... 1728 17'" 1734 1737 /736 1737 1736 \ ". 1;:;7 /725 n... 17' _. .,30 /731 J7 ":0 1731 1730 ''M<; '-f- . FUTURE LAND USE PLAN MAP Owner: Todd Ermscher Site: 1779 Audrey Drive Land Use Zoning From: RL R-3 (County) To: RL LMDR Case: ANX2003-0 1 001 Property Size(Acres): R.O.W Size (Acres); 0.20 0.10 PIN: OS/29/16/71424/000/0370 Alios Page: 264A Ordinance NO. 7108-03 ORDINANCE NO. 7109-03 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY ZONING CERTAIN REAL PROPERTY LOCATED ON THE EAST SIDE OF AUDREY DRIVE, APPROXIMATELY 870 FEET EAST OF US 19 AND 1,015 FEET NORTH OF STATE ROAD 590, CONSISTING OF LOT 37 PINELLAS TERRACE, TOGETHER WITH ADJOINING RIGHT-OF-WAY OF AUDREY DRIVE, WHOSE POST OFFICE ADDRESS IS 1779 AUDREY DRIVE, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS LOW MEDIUM DENSITY RESIDENTIAL (LMDR); PROVIDING AN EFFECTIVE DATE. WHEREAS, the assignment of a zoning distriet c1assifieation 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 Lot 37, Pinellas Terrace, according to the map Or plat thereof, as recorded in Plat Book 49, Page 52, Public Records of Pinellas County, Florida, together with adjoining right-of-way Of Audrey Drive. (ANX2003-01001) Zoninq District Low Medium Density Residential (LMDR) Section 2. The City Engineer is directed to revise the zoning atlas of the City in accordance with the foregoing amendment. Section 3. This ordinance shall take effect immediately upon adoption, contingent upon and subject to the adoption of Ordinance No. 7107-03. 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. 7109-03 ! -IF . u'" 181S I ....j ct IHW LUl8 :SJ9 '""I~ a: ice: 0 ct 18/3 \'.'1 :"1:" -J '"'" 181:! 0 0 10 'UP 1HZ:! ISI3 !~;; ~,~, ~ >- a5 ~ LlJ /807 . - , 2S UW7 1800 ct IIl()7 1 ROil 3:: 18(17 :::! g , ..,. ~ ce: ct 0 I~ ~ <:> oq: <l <:> Jt'iOl n.... ,. '" ., /) 18W 160lJ '<l 'UM ~ ... .. ., '" '" ., .l\..~ MORNINGSIDE DR ~ ~ .. ~ t .. I ~ ."~ ~I " !-~ '" ~ ;:: .. ,~ <:> .. < ~ i2 !::: :'1 :, ,- :, ;j ~ ~ '" ,. ., ., " " :i I I I :ri .. ~ ~ " !~ R3 -" !.: / ! ~ it ~ ~ ~l ?i tl ?I ... ., J7(;.' ;:: .. ., <l LlViLiJ R I 71l~ L ~DR /71l0 I":""} 177~ "7. 1779 177u /7!l/l .. . 1770' <l I 1 ifl.f; I ce: 1733 I- ~ I it;: J ~71 1772 1773 1772 .... Q 1707 J7!"'! ~ I 7ft 7 17fi6 /7<17 , ."" J ;'!lS ,..n ~ . -,Q ct 176/ UJ 1 ;!i~ ';01 /760 1700 2i 0 a: 17/11 ,.", '7" -J Q a5 17!l!l 17'" 17::1 17!iO ~ 17!11 ).. 17.~~ 17!l4 17,10 C ~ 3:: Q 17,19 17.W g 0 a: 174!l IHB 1749 17:11; :737 J 74;' 1749 - 17 17 ~ oq: IH2 1743 , 7," 1743D 2 17~2 17..'l3 - ".'1 17"-" .. -IT 17:18 ,.....Q J7:q 1737 1730 1737 17:Hi /7;17 J725 \ "". 1730 17JJ 17:l0 17:11 17:10 17'1" ZONING MAP Owner: Todd Errnscher Case: i ANX2003-G 1 001 Property Size(Acres): I 0.20 Site: 1 779 Audrey Drive I R.O.W Size (Acres); I 0.10 Land Use Zoning PIN: OS/29/16/71424/000/0370 From: RL R-3 (County) I To: RL .LMDR Alias Poge: 264A [i i - _ ! I 1 I to::1 I c...; " r7 '-t...----,- , hTEST I \1 ' I .. ~'iL ~Ol~~ " V,/y AW d' ..' o,.".,J ! 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'- .:;c _"1.... ./ r re~ ,.' /.....-1 \~l H t; Owner, _TOdd Ermscher LOCATION MAP I _______m_ I Case: -i----- , i 0.20 0.10 ANX2003-0 1 00 1 Pr ----- . operty Size(A R 0 cres)' , .W Size (A '. _____ cres): , Site: 1779 Audre 0' y five Land Use ____~oning PIN: OS/29/16/71424/000/0370 ) From: RL R-3 (County) LMDR Atlas Page: 264A To: RL llilli ,"0 , 1/l18 18W 1818 ,..- Cl: Iii I!) 1,,1~ Cl: Cl: Q Cl: ~rp 1813 Q Q ,., " 1811 ..., "" r, I.~/Z '"", 11HZ Q ISI:1 ~ 1."-'...) ~ ).. ~ ~ UJ INJ7 11j(17 ......, C5 lli1l7 J,'-iOd Cl: 1.'07 l...,llli ~ 11i"7 . 01 10 S~e!'!; ~ ;....~ Cl: g 0 (3 ~ ~ f~ " ~ C N J....) ,,,,)/ l~") ;;.: 1._'.' ~. . " ~ ... I. N N h' ~ ~ 'h MORNINGSIDE DR , ... '1/1 /"1 /) _ t- i' I v, '\ J 1 ;t~~dl~~ ";tt. ~ ~ ,. _0 '" _0 ~; ,~ c h h ;~ .. <. ,.. ,. 0, N <. ~ r. " <, ~~ yo. .c ,,'Y' vi{t~ " ~e -/ ~ ., ~ " " 11 t1 ~ f :r. ~ :, !::: !::. --.;T ~ " <. ~ ,j :t OJ ~ rfl/1 ... h N TERRACE DRIVE N l-L/I..ol- TEj 177~ .. J7R5 1700 ~ ~ '--'I J 775 177/i 1779 ,~,. 17.56 h . ' ~"1 '" ,~ ~ - It- 1.1 b", l I- il gs 17~3 _/ ~ :5;1 nt ~71:1 177~ '77' ~ l-L- J I L/I..o I I I- 'tJ 1707 17~~ ~ ~ 17:1- )e IUr;( .r 1rA lIn07 '''''' ~ ~. II AI- f ~L. L a l7r,n ~ ,~,IO V lU gs 17dl 17w 17111 1700 Cl: J7::~ 17fol 17~~ '7~~ EX: Q .,J Q ~ 17!'>5 17~1 17[~} ~ 17~1 li;!l J7~)4 )... 17~4 17~O - UJ ~ 17~!1 1704ti ~ EX: 0 17~~ 1748 g 17-19 1736 1737 - 17~2 1749 ~ 174~ .c _1:Jil:lt 1717 ~ C .- ~3.1 1743 742 1743 :,..,; ~ro i.t. , /,1.'" ~ 'j (A,f. ';Z~ 17:l.'i ~ V' ~o tR ',- 1728 17~J~ 17:17 17:10 1737 1736 I",.~'; / t.-en1 ia t725 \ ~ 17'1, 1730 1731 1130 1731 1730 .~,. EXISTING SURROUNDING USES Owner: Todd Ermscher Case: ANX2003-0 1001 Site: 1779 Audrey Drive Property Size(Acres): 0.20 R.O.W Size (Acres); 0.10 Land Use Zoning PIN: OS/29/16/71424/000/0370 From: RL R-3 (County) -- To: RL LMDR Atlas Page: 26AA iew looking cast 'icw looking south the west Clearwater City Conunission Agenda Cover MelnOrandul11 \\lork sesslc': Item #: pLD~ cl =nal AgenGa Item # Meei'\g Date: O-l-17-0'1, SUB.) ECT/RECOl\ 1M EN DATION: APPROVE thc Pctition for Anncxation. Land Use Plan Amendmcnt from County Rcsidential Urban (RU) to City Residenti~lI Urban (RU) and Zoning Atlas Amendment from the County R-4, One, Two and Three Family Residential District. to the City LMDR. Low Medium Dcnsity Residcntial District for 1714 Jade A venuc (Lot 9, Jade Heights SubLlivision in Section 3, Township 29 South and Range IS East): and PASS Ordinances #7113-03. #7114-03 & #7 115-03 on first reading. !BJ and that the appropriate officials be authorized to execute same, (ANX2003-01003) SUMl\IAR\': This subjcct site is located at 1714 Jade Avcnuc. which is on the west side of Jade Avenuc approximately 380 feet west of Betty Lane and 185 feet north of Overbrnok Avenue. The subject prnpeny is approximately 0.15 acres in aren and is cUITently occupied by a single-family dwelling. The purpose of the annexation is to enable thc applicant to receive City sewer service. A Future Land Use Plan designation of Residential Urban (RU) is proposed along with a zoning category of LMDR. Low Medium Density Residential. The Planning Department determined that the proposed annexation IS consistent with the following standards specified in the Community Development Code: . The proposed annexation will not have an ndverse impact on public facilities and their level of service. . The proposed annexation is consistent with the City's Comprehensive Plan, the Countywide Plan and the Community Development Code. . The proposed annexation is contiguous to existing municipal boundaries, represents n logical extension of the boundaries ancl docs not create an enclave. This annexation has been reviewed by the Pinellas 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 hnve been raised. Reviewed by: Legal ;J;!Jd:. Budget N/ A Info Srvc Nt A Originating Dept: PLANNING DEPAR tv eN Marc A, Marlon User Dept. PLANNING DEPrJ!l:NT Costs Purchasin N/ A 9 Risk Mgmt N/ A Public N/ A Works DCM/ ACrvf"-~- ~ Other N/ A Total Funding Source: Current FY CI At1achments ORDINANCES NO. 7113-03. 7114-03 & 7115-03 STAFF REPORT OP Other SubmlHed by: --o..A I ,_ City Manager ~ ~-tA Printed on recycled paper 2/98 o None A ro riation Code: Rev. ~~~7\T.:t~-:,~":Ittl'o:ll'o:l ~-:-:r::<::'\',,;,:" -:', ;:.' .. . :. '~~'V:.'i:G.'~_~~' .~, -, "*,,.;;';).,.'J~;:' -~. '. ':' ':"',;'" '" , I ,~~ to ':':Il:~J . ". "~~It~~.?-:~~,;t'.,',,.o .".... ': .'. " 'f!.t*~ l""U. ".Il;: ......\ t~~.... :"':."\':.. .~,t .:! " ,~ 'il~-i:" "1-1.- : ........:".~.''''''~.rf.:..\.. 'f. .~' ...) ,- " ~~;:~~~~\l~:':~-'~~~:":' ......~" <,...~', 0 '. ROLL NO. " :"'~::.~t.~.\: ." .; . 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P',' ';. i I.LI" ,,' .' .." , ..." _ Q:: 1761,' '114;.', 1745" ..; ," ~:, ;:-<:~,\;:\ ".: ~".'",: e." :.J~5:5 >,:, ,:;;"., 17~? ,'.:':-:: 175/ , . .,' ,'.' '.!'O..,. . :;,'0' ..' ":",.: "175" iij'" .,.. ..).,.'~,~.. ...',. .,' 1 1740,.:,..,<:' _~~ . "or . ,I., !!Ill- ~ .....:..~~~ \. .... ':" ~ ~~..: .: \- ....... ......... '.f::. s-: J74P ...:' ~ .' :"~f'" "',t ~;: ...l~'..,)' ,.l.'!.....~::..~.:...I:a:: .::':'- \ .o.!~ "....,.;::::Ii;:... 'l:~, "':'~I:\.'_ ......t..,.:,. 17.5, ." ',,-_:'~~i'48.;. Q'~, J7"~,,~," ~ ,~:,;"~',,~;,,; 0,: 'j~,fll\ '-:. " J73tl ..,.~ 'J~~1; ." ;:-,.;- :"~'; '" ;:>:\ '~(;'f~\;)~ i,~- ?;~::<;:~ ~,;J;:\~~il :.~~; ~)~} :~,:~JT.: :;,: :,.:;: '_::~ : ':):~' ";, ~ ':: ,;;~~~:i ',.:, 1743' . .'..... ........... ':{'7~" .,.. ,J743 ", ,: l ~. ' ""01"' t. ~....., :.I~'~~ , ..,.:~ .:~' , J732 '. 1 .,''t 1 J133. r". ___ )/.~;~~\(~~ ::~;.:~~~r~; j:~~l~ j~;~:{:f~,: ::i~~:~'~;ii: ~:/,i,~ :;}~E:~,~;: ~:,,:~~:~~:j0~'. ~~:.(? ::~'i-a:'~'{':::',:: ..:... 1731.'.. -l'~ ~. ........J136 ':":$ ~~tJ?....t..1.,~' :'lfl~'iio:I7'36' ;/:,: r;'J137-);t ..-t" ':......1t.:.:.:'.:': t....t~,-.., :'J~I ;~'))'., }" \~~~i:i:;,~: :;;~;1!j :~ ~~~b;,:!: !J?;~!~( f;:,~t;t;~,;; ::~;\>,:'~ Cf; t:"0';;~':; / . .... ~/ 17M 1762 1771 1767 1721 1758 1754 a:: Q 1750 -.I ~ 1746 - 1742 Q a:: (j 1761 J717 1738 \ ,y~:~~~:\:~~~' PROPOSED ANNEXATION Owner. Todd Ermscher Case: ANX2003-01001 Site: 1 779 Audrey Drive Property Size(Acres): 0.20 R.O.W Size (Acres); 0.10 Land Use Zoning PIN: OS/29/16/71424/000/0370 From: RL R-3 (County) To: RL LMDR A tlas Page: 264A Exhibit A OrdinnncQ No. 7107-03 ORDINANCE NO. 7108-03 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 AUDREY DRIVE, APPROXIMATELY 870 FEET EAST OF US 19 AND 1,015 FEET NORTH OF STATE ROAD 590, CONSISTING OF LOT 37, PINELLAS TERRACE, TOGETHER WITH ADJOINING RIGHT-OF-WAY OF AUDREY DRIVE, WHOSE POST OFFICE ADDRESS IS 1779 AUDREY 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 eomprehensive 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 37, Pinellas Terrace, according to the map or plat thereof, recorded in Plat Book 49, Page 52, Public Records of Pine lias County, Florida, together with adjoining right-or-way of Audrey Drive. (ANX2003-01 001) Land Use Cateqorv Residential Low Section 2. The City Commission does hereby certify that this ordinance is consistent with the City's comprehensive plan. Section 3. This ordinance shall take effect immediately upon adoption, contingent upon and subject to the adoption of Ordinance No. 7107-03, 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 S 163.3189, Florida Statutes. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Brian J. Aungst Mayor-Commissioner APyved as to forc--, (;\~ ~jilJ' K JV /i~ I /I@,il? Leslie K. Dougall-Sides.. 1 Assistant City Attorney - Attest: Cynthia E. Goudeau City Clerk Ordinance No, 7108-03 Ud.'-I' ~ ; ~:,' 0 ex: - , 1";1'-1 -, 1,'"'1:: ~~. ex: Q ex: ex: :~1 :1 , .; I '~ '8J~ -J ....l... 'r:; :."l~ Q Q Q :.-;:, . .. 1 .~ ; ~;.' 1$1.16 f L ~ t-:L >- F rL ~ ~ ,FlL ~ J.'~, li ,';:lId 25 1-";(17 IS',lii 1 ~~l;" 1 ," '.~ ~ :-:,,)7" . 0"0 Scow, ~ . g - 1.~'~ ex: 0 . 01 a SurvltY ~ C3 c q: f~ % 0 c 11;.11 :2 ~ Of Rt~~ ,........ ]SI)(} . ..... '. ~~ '"-- MORNINGSIDE DR /" .. ~ r. G ~ ~ .. <" ,. '" " r; <" '" .. ~. ., 0 to r. " ., <, '.0 ,. '" " ,. F .. ~ 0, co '.0 ,. " " " L " ,. '-' :0 " :0 " " ,. " -R l I 'oJln . ., , ~ fi L .. s " " '~ ,-" on .. ~ , ~ " ::; ~ >' " J7tH . .... ~ ,. -I N TERRACE DR 17;4 . j ERRACE DR li~!i F J1{i0 177/l Iii!] 'J '""Q .. ..-- -,Q J i!\f, h ";-Q " J i,ic', ex: J7~3 ~ ~ RfJ2 /77/ 1772 1773 177:! ''''-''.f Q 1767 J 752 ~ liti; '7fill 17m . ..,,, 175R _on ~ . ,~..n ex: J 7tH 1700 1761 R~" ILl 17;"j 1760 ~ lit;] 7'~ Q ~ RL 1755 17-11 RIO/R J750 -J 17~1 ~ RL ~ 1754 >- 17~~ 1740 /7,,(i Q f L ~ ~ 1749 a: 1745 17~8 !;: 1749 0 17:1, 1737 - 1742 17-4!J /7J7 C3 ;:j IN:! 1743 174.1 17.12 1733 - , 7," 174:1 - ~t. /728 17"" 1734 1737 1730 /737 J7.36 -. 1~7 17:25 \ n... ,," _. ..30 1731 173U I7:JI 1730 17"" - . FUTURE LAND USE PLAN MAP Owner: Todd Ermscher Case: ANX2003-0 1001 Site: 1 779 Audrey Drive Property Size(Acres): 0.20 R.O.W Size (Acres); 0.10 Land Use Zoning PIN: OS/29/16/71424/000/0370 From: RL R-3 (County) 10: RL LMDR Alias Page: 264A Ordinance NO. 7108-03 ORDINANCE NO. 7109-03 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA. AMENDING THE ZONING ATLAS OF THE CITY BY ZONING CERTAIN REAL PROPERTY LOCATED ON THE EAST SIDE OF AUDREY DRIVE, APPROXIMATELY 870 FEET EAST OF US 19 AND 1,015 FEET NORTH OF STATE ROAD 590, CONSISTING OF LOT 37, PINELLAS TERRACE. TOGETHER WITH ADJOINING RIGHT-OF-WAY OF AUDREY DRIVE, WHOSE POST OFFICE ADDRESS IS 1779 AUDREY 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 Lot 37, Pinellas Terrace, according to the map Or plat thereof, as recorded in Plat Book 49, Page 52, Public Records of Pinellas County, Florida, together with adjoining right-of-way Of Audrey Drive. (ANX2003-01 001) Zoninq District Low Medium Density Residential (LMDR) Section 2. The City Engineer is directed to revise the zoning atlas of the City in accordance with the foregoing amendment. Section 3. This ordinance shall take effect immediately upon adoption, contingent upon and subject to the adoption of Ordinance No. 7107-03. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Brian J. Aungst Mayor-Commissioner Approved as to form: Attest: I~~U ~(J ~ . /~>> Leslie K. Dougall-~s Assistant City Attorney Cynthia E. Goudeau City Clerk Ordinance No, 7109-03 H' lS1~ " 11118 Hnn a: 1,"'IS ISl9 181S 181~ a: a: Q a: IHI:/ \, "., -oJ Q Q Q ~ ll'il: 18" 1,81:! >. '.8 ' /81:! ISI3 18J~ ~ ~ ~ Gi IH07 1.~17 "Co< Q IMot IHt'lI) 1807 JAn.; ~ 1~(l7 ,aM ~ a: ~ 0 a: ~ <:> oq " 8 <:> ~ <:> 1,""" n..... 18CJ\) !: h <t ;;) I~()rt) ~ ~,Vl ~ .. N 0' ., ~ MORNINGSIDE DR t. '" ~ t. ~ 0', .' ~ !Q @ .~7 ,. ., !; ... ~ <:> ;: , ,', ~I ~j ,!) !:: " " ,. " o. :. ~ ~ " ~ :'. " <. ~ .. ;~ i ;~ t. R 3 ~ :t ., V '" ., <:> " <. ?i ;j !i ~"t " 1711,1 ;:: :: ... <t 0' I ~7'1 rMI ~R J iti!\ Ll ~DR J 7ttO '.....1 177~ 177" 1779 I......, 17!W ;: . 177" O. t 7f;':1 a: 1733 - ,. , 7fi:.! 177' 1772 1773 /772 Q ." 17~2 ~ 17d7 J 7ft7 J 7()~, 17117 . .. ~ 17~~ ,,.n ...0 a: 17111 UJ I 7"'~ 17f;' 17c'O 1760 2i Q 2i 17111 17, 1743 -oJ Gi J7~ 1741 17:': J 17~iJ ~ 1731 >. 17M 1754 17,10 C UJ ~ 5 a: 1149 17-4li ~ 0 a: 1745 1148 1749 1736 1737 174~ 1749 - ,;' Ii ~ oq 1742 1743 1743D I~ 1732 1733 - 1742 17 3 17'1,< .." - , 7:!1i "'l 17:l~ 1737 1736 1737 17:Jt1 17:17 1723 \ ,,'. 17311 1731 1730 17:J1 1730 11" ZONING MAP Owner: Todd Ermscher Case: ANX2003-0 1 001 Site: 1779 Audrey Drive Property Size(Acres): 0.20 R.O.W Size (Acres): 0.10 Land Use Zoning - PIN: OS/29/16/71424/000/0370 From: RL R-3 (County) To: RL LMDR Atlas Page: 264A II ,__ I -l A i-IT::: - L r7 T~' ~ l1J=N= ~ VI \f7 .!LJ ~ /(JI r- ,'1=Kj~L I'"SC ........ 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'- I r Y If f ~ 2:1 1--' I-' I r r E EIH!E33 ~ H ~----- ["l iii . /)/A. .; I ... -~ I , ~ ~' ~o.JL I \ ' :<c,\-IL<') [-1' U " ~ 1 ..,..(/1, '>- y---- r- I ,/:/( ~' c;; 1==1 f41 rmrr I' / <., ....-- ~-- v,v ~.. " 1.... .. '.<-J I '(' I ;s, , " :--l: (~l - 1m' ,.,.~ . ~I (I Co \. ,,\ 8lIIHHII31~ 11= I 1 0 R P , r- ,_ \'y'" ,"" I=t ,-I- I r~ AI=! I ,?~ ' '" ~rrtmH E /, , "'" I I '.' . ll'l-Cl 1 I I _ __ ........1 .r . -=~ln' .r -Q,.j It =~,/ / ~h. I'I f- _, ~ -r Wt =1 tf>llU ~ / ! .. I --,,/>.~' ,r:. I ~"11 _/ ~_. ' ~ )1." T C ,~' ;= , J) --1- J( llirr"" /r _"'-\ ,_ 1,,//-77/"' II -r---... ~ II~ 'r II ",/, , Owner, ___ Todd Erll1scher LoeA r/ON MAP I Land Use Zoning Case: Proper' S' --~ R 0 'Y, Ize(Acres)' . .W Size (A ' _ cres): I I ANX2003-0 1001 0,20 0,10 Site: 1779 A udrey D ' rive PIN: OS/29/16 /71424/000/0370 To: RL R-3 (County) LMDR -~ From: RL A tlas Page: 264A AERIAL PHOTOGRAPH Owner: Todd Ermscher Case: ANX2003-Ql 00 1 Site: 1 779 Audrey Drive Property Size(Acres): 0.20 R.O.W Size (Acres); 0.10 Land Use Zoning PIN: OS/29/16/71424/000/0370 From: RL R-3 (County) To: RL LMDR A tlas Page: 264A I ISIS .~" ISI8 ISIS ex: ISI9 181!1 1812 ex: ~ ex: ~ ex: ISI3 ~ ~ '" .., 'HI:! ..... "lIt; ISI:! ''''1 ISI2 ~ 1813 IL~ 1- ~ 160,; ~ ).. ~ Lu U,()7 IN)7 ,,,,.; 25 11'07 ISOt, ex: J/'iO, J1i(lI:) ~ lli07 . 0110 S'i~I~' ~ 1-"4 ex: ~ 0 ex: (3 ~ q: ~I 8 0 ~ ::I !:: J,,,t_J IIMI IN" lli,_J ii , C,., ~- ~ 0- ., " ,/?'0 ~ 'I: MORNINGSIDE DR . ... '111 n n _ 1- f I 'VI 1 r,\ I r~' -'0 rv -! V~: ~: '::I ~ ~ ,- '" i', iJ :- :r .,. t3 ~ ., r; :: ,;; 0 i: h :i <I :'. " ,- ., .. J{~S'l d11i ~it r :i ~ '" ., ., ., 0 ~~ e-~ rYYI~i{11 ~ 13 :-i " G - ;' ~ .. ~ "" I;: :r/Ot; .. OJ " ii ~ :e It t ..... t ~ N TERRACE DRIVE es N 1,7'" .. 1785 TEl 1760 ~ -- 1 1775 17711 177(/ -,. 1750 h . ".,., ., ,~ ~ ~;,~ " C"., J - it a: 1753 1--/ ~ ~'1 tt ' ..... ~n ~7'3 1772 .,," Q (., c.- J VL-II L 11 1752 ~ ~ 1767 m..'J ~e 11M' f ",,;d" tpti7 ,-", ~' 1.1-1,1- fL..~L a ".n ~ 17,'0 V ex: 17tH Lu li'5~ J 71;' 17LiO I ,GO Q: Q 17,i, 17H 17,/5 a: Q ..... Q ~ 175.5 1741 Ji:,() ~ 1751 17::1 175,' ).. 17.5,1 1741l ..... Lu ~ 1749 J7-1t; Q a: 0 ex: 1745 /748 1749 17:JIJ 1737 17"'2 g 1749 I-- 1717 ~ 1742 "Q (0 .c. 1=' q: (' .: rI... "" ~:q /743 "42 /743 tt. , :J UIJ '~ 17.18 .~ ..,. ro ~ ___ 1728 ia 17:14 1737 1736 1737 li36 I~~'; / ~en-l It725 \ ~-~ "" 1730 1731 1730 1731 1730 "'1 EXISTING SURROUNDING USES Owner: Todd Ermscher Case: I ANX2003-0 1 001 Site: 1779 Audrey Drive Property Size (Acres): 0.20 R.O.W Size (Acres): 0.10 Land Use Zoning PIN: OS/29/16/71424/000/0370 From: RL R-3 (County) To: RL LMDR Atlos Page: 264A J ., .. ,--. , '0' .. '.... , I View looking west View looking cast View looking north View looking south Site view from the west Todd Ermscher ANX2003-01001 1779 Audrey Drive ~<:,w....~ ;:j--',dl. ~. ':_ c( ~ _-: ~ ~ -=~c ~ ~Am.~~ Clearwater City C0111111issioll Agenda Cover lVlelnorand Uln :!ork session :iem #: PLO~ 1 ;:Inal Agenda iiem II Meeting Dote: 04-17-03 S UBJ ECT/RECO:\II\IENnATI ON: APPROVE the Petition for Annexation. Land Use Plan Amendment from County Residential Urban (RU) to City Residential Urban (RU) and Zoning Atlas Amendment from the County R-4, One, Two and Three Family Residential District. to the City LMDR. Low Medium Density Residential District for 1714 Jade Avenue (Lot 9, Jade Heights Subdivision in Section 3, Township 29 South and Range 15 East); and PASS Ordinances #7 113-03. #7114-03 & #7 115-03 on first reading. [!] and that the appropriate officials be authorized to execute some, (ANX2003-0 1003) SUMi\IARY: This suhject site is located at 1714 Jade Avenue, which is on the west side of Jade Avenuc approximatcly 380 feet west of Betty Lane and 185 feet north of Overbrook A venue. The subject propcrty is approximately 0.15 acres in area and is currcntly occupied by a single-family dwelling. The purpose of the anncxation is to enable thc applicant to receivc City scwcr service. A Future Land Use Plan design;Jtion of Residential Urb;Jn (RU) is proposed along with a zoning category of LMDR. Low Medium Density Residential. The Planning Department determined that the proposed annexation is consistcnt with the following standards specified in the Community Development Code: . The proposed annexution will not have an adverse impact on public facilities and their level of service. . The proposed annexation is consistent with the City's Comprehensive Plan, the Countywide Plan and the Community Development Code. . The proposed annexation is contiguous to existing municipal boundaries, represents a logical extension of the boundaries and docs not create an enclave. This annexation has been reviewed by the Pinellas 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 been raised. Reviewed by: Legal VJfl J ~ Budget N/A Info Srvc N/A Originating Dept: PLANNING DEPAR1~1ENn (Marc A. Morlon6t r' ) User Dept. I:' '-"" PLANNING DEPrJ!t:NT Costs Total Purchosin N/A g Risk Mgmt NI A Public N/ A Works DCM/A~rvr- ro- Other NI A Funding Source: Current FY CI Attachments ORDINANCES NO. 7113-03, 7114-03 & 7115-03 STAFF REPORT OP Other Submitted by: """'0... ~ City Manager ~ 4~1fI... o Printed on recycled paper 2/98 o None Appropriation Code: Rev. ANX2003-0 1003 1740 Jade Ave. Bobby Burch Page 2 Please refer to the attached repon (ANX2003-0 1003) for the complete stafr analysis. The Community Development Board reviewed this proposed annexation at its regularly scheduled meeting on March 18, 2003 and unanimously recommended approval. S:\Planning Dcpartmcnt\C D B\Anncxalions\ANX - 2003\ANX2003.0 1 003 Bobby Burch 1714 Jade A \'e\CC ANX2003.0 1 003 Bobby 2 Burch 171-1 Jade A\'e.doc CDB fv1ccting Datc: Case Number: Agenda Itcm : :. larch 18. 2003 ANX2003-0 1 003 C3 CITY OF CLEAR\VATER PLANNING DEPART;\IENT STAFF REPORT BACKGROUND INFORMATION: O\VNEIUAPPLICANT: LOCATION: REQUEST: SITE INFORMATION PROPERTY SIZE: DIMENSION OF SITE: PROI)ERTY USE: Current Use: Proposed Use: PLAN CATEGORY: Current Categor)': I)roposed Category: ZONING DISTRICT: Current District: Proposed District: EXISTING SURROUNDING USES: Bobby Burch 1714 Jade A venue, located on the west sidc of Jade A venuc, approximately 380 fect west of Betty Lane and 185 feet n0l1h of Overbrook A venuc. To annex the property into the City of Clcarwater at thc requcst of the propeI1y owner and approve the appropriate City land use plan category and zoning district. 6,534 squarc feet or 0.15 acres 55 feet wide by 120 fect deep m.o.1. Single-family residential Single-family residential Residcntial Urban (RU) Rcsidential Urban (RU) R-4, One, Two & Three Family Residential (County) LMDR, Low Medium Density Rcsidential North: Single-family residential South: Single-family residential East: Single-family residential West: Single-family residential Staff Report - COlTllTlunity Dc\'elopmcnt Board - Man:h 1 S. :!003 - Case ANX2003-0 1003 Page I ANALYSIS: Thc subject property is locatcd on thc wcst side of Jadc A\'cnue at 1714 Jade Avcnuc. approximately JSO fect wcst of Iklly Lanc and 1 SS feel north of Overbrook Avenuc. The applicant is requcsting this annexation in order to reccivc City scwcr scn'icc. The property is contiguous with the existing City boundaries to the north and cast: thercfore. the proposed annexation is consistcnt with Floriua Statutes with regard to voluntary annexation. The subjcct sitc is approximately 0.15 acrcs in arca and is occupied by an existing single-family dctached dwclling. It is proposcd that thc properties ha\'c :1 Futurc Land Use Plan dcsignation of Rcsidcntial Urban (R U) and a zoning category of UvlDR, Low i\'ledium Density Residential. A. 1l\II)ACT ON CITY SERVICES: Watcr and Sewcr: The applicant is clUTcntly receiving water service from the City of Clearwater. Sewer service will be provided by the City of Clearwater and capacity for the project is available for this utility. The closest scwer line is located in the adjacent Jade Avenue right-of-way. The applicant paid the $900.00 sewer impact fee and $662.51 assessment fee on February 10. 2003. Solid Waste: Collection of solid waste will be provided by the City of Clearwater. The City has an interlocal agrecment with Pinellas County to provide for the disposal of solid waste at the County's Resource Recovery Plant and capacity is available to servc the property. Police: The proposed annexation is located within Patrol District 2 in which there are currently 65 patrol officers and 9 patrol sergeants and a lieutenant assigned to this District. The District Station is located at 645 Pierce Street. Community policing service will be provided through the City's zone system and officers in the field. The Police Department will be ablc to serve this property and the annexation will not adversely affect police service and response time. Fire and Emergency Medical Services: Fire and emergcncy medical services will be provided to these properties by Station #48 located at 1700 NOIth Belcher Road. The Fire Depmtrnent will be able to serve these properties and the annexation will not adversely affect fire and EMS service and response time. In summary. the proposed annexation will not have an adverse effect on public facilitics and their level of service. B. CONSISTENCY 'VITII CITY~S COMPREHENSIVE PLAN: The Pinellas County Comprehensive Plan and the Countywide Plan designate the site as Residential Urban (R U). It is the purpose of this category to dcpictthose areas of thc County that are now developed, or appropriate to be devcloped, in a urban low dcnsity residential manncr: Staff Report.- Community Dc"elopmcnt Boaru - ~I.m:h 18. ~()():; - Case ANX2003.0IOtl' Page 2 and to recognize such areas as primarily well-suited for residential uses that arc consistent with the urban qualities and natural resource characteristics of such areas. Residential uses, up to a maximum of 7.5 dwelling units per acre. are the primary uses in this plan category. Secondary uscs include Rcsidential Equivalent: Institutional: Transponation/Utility: Public Educational Facility: Ancillary Non-Residential and Recreation/Open Space. The annexation docs not propose to change the Residential Urban (RU) plan category and the proposed use is consistent with the uses and density of this plan category. Further. the annexation promotes infill development as stated in Objective 2.4 of the Clearwater Future Land Usc Plan: 2.4 Objective - Compact urban devclopment within the urban service area shall be promoted through application of the Clearwater Community Dcvelopment 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 'VITI-I COMMUNITY DEVELOPMENT CODE AND CITY REGULATIONS: As stated earlier, the application for annexation involves an eXlst1l1g single-family detached dwclling. The propeny is 55 feet in width and 6,534 square fect in lot area. The appropI;ate zoning district under the Community Development Code is the LMDR, Low Medium Density Residential District. Under the cun-ent LMDR zoning district provisions. a minimum lot width of 50 feet and a minimum lot arca of 5,000 square feet arc required. The subject property cxceeds the minimum dimensional requirements of a standard development in the LMDR District and is therefore consistent with the Community Development Code. D. CONSISTENCY '\'1'1'1-1 THE COUNTY'VlnE PLAN: Thcre is no change requcsted in thc Comprehensive Plan category of the sitc, which will rcmain Rcsidcntial Urban (RU) with a maximum density of 7.5 dwelling units per acre for the Residential Urban plan category. E. CONSISTENCY '\'1'1'1-1 PINELLAS COUNTY AND FLOI{IDA LA'\': Pursuant to Pinellas County Ordinance No. 00-63, the Pinellas Planning Council and County staff have reviewed this annexation and determined it complies with the ordinance criteria. Florida Statutes require that a proposed annexation be both contiguolls with the existing municipal boundaries and compact in its concentration (Florida Statutes Chapter 171). This site is contiguous with the existing City boundaries to the nOl1h and east and represents a logical cxtension of the existing boundaries. The compactness standard of Florida law requires that the anncxation docs not creatc an enclave or a se'l)cntine pattem of municipal boundaries. The anncxation of this property is consistcnt with this standard and no ncw enclave will be created. SI.1lf Report - COlllmunity Dc\clllplllCnl B,l,ml- ~larl'h IS. 2003 - Ca~e: A:--:X20G:\.0IOO~ Page: ~ In summary. the annexation of this property is consistcnt with Florida law. F. CODE ENFORCEMENT ANALYSIS: There arc no cUtTcnt 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 has paid the required sanitary sewer impact fee and assessment fee and is also aware of the additional cost to connect the property to the City sewer system. The proposed annexation and existing use are consistent with the City's Comprehensive Plan and the Countywide Plan with regard to both the Future Land Use Map as well as goals and policies. The existing and future use of this site as a single-family home is consistent with the LMDR zoning district. Finally, the proposed annexation is consistent with Florida law regarding municipal annexation through its adjacency with existing City boundaries and is compact in concentration. Based on the above analysis, the Planning Department recommends the following actions on the request: Recommend APPROV AL of the annexation of the property located at 1714 Jade Avenue. Recommend APPRO V AL of the Residential Urban (RU) category pursuant to the City's Comprehensive Plan. Recommend APPROVAL of the LMDR, Low Medium Density Residential zoning disttict pursuant to the City's Community Developmen~fl~e. . Prepared by Planning Department Staff: ~~ Marc A. tvtariano, Planner Attachments: Application Location Map Aerial Photograph Proposed Annexation Future Land Use Map Zoning Map SUtTounding Uses Map Site Photographs S.V'/ann/llg f)'I'"r",,,'nf'f' D 1f'..I",,,' ,,''',,'''vIN,\' .100.fI,.IN,'COO.l.OIOO.l /1,,/1//.1' /llInh /7J.1 jrldr Arr\,I,\',\'2()(),I.OlOiJ.I ! 7J.J jrld., AI" f)r, ,"rlll "/,,,r/.,"... Swff Report - Comlllunit)' Dc\'clopmcnt Board - ~larch IS. :!OO3 - Casc ANX:!OOJ-O I 003 Page 4 ORDINANCE NO. 7113-03 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTY LOCATED ON THE WEST SIDE OF JADE AVENUE, APPROXIMATELY 380 FEET WEST OF BETTY LANE AND 185 FEET NORTH OF OVERBROOK AVENUE, CONSISTING OF LOT 9, JADE HEIGHTS SUBDIVISION, WHOSE POST OFFICE ADDRESS IS 1714 JADE 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 9, Jade Heights Subdivision, according to the map or plat thereof, recorded in Plat Book 30, Page 90, Public Records of Pinellas County, Florida (ANX2003-01003) 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 Approved as to form: Attest: rL/ . t.1.LI. Leslie K. Dougall-Sid s Assistant City Attorney Cynthia E. Goudeau City Clerk Ordinance No, 7113-03 1770 ~ ~ I!! :b ~ o o :JJ l;-~~ 17':5 li'~>\ J 7:'1 1 ~~ ' 17~!J 1 ~~7 I~~l 17~5 173 17~1 173 1737 1734 173ti ... '" E '" r PROPOSED ANNEXATION Owner: Bobby Burch Case: Site: 1714 Jade Avenue Property Size(Acres): Land Use Zoning PIN: From: RU R-4 (County) To: RU LMDR Alias Page: o ... !:1 17.J!i UWj~'U.ltf'T " ::; SANDYLN c:g ~ ~ ~ ~ 8 ~ .,. o ~ " '" ~ MARY L RD o ~ is ~ ~ ~ OJ 8 6 ~ 111 ~ ~ ~ =1 "'< t- o on "' <:) <:) ~ ~ ~ ~ 170.1 8 6 :g ~ ~ ~ FAIRMONT ST IG~ t- o ~ I\NX2003-0 I 003 0.15 03/29/15/43740/000/0090 260B Exhibit A Ordinance No. 7113-03 ORDINANCE NO. 7114-03 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 JADE AVENUE, APPROXIMATELY 380 FEET WEST OF BETTY LANE AND 185 FEET NORTH OF OVERBROOK AVENUE, CONSISTING OF LOT 9, JADE HEIGHTS SUBDIVISION, WHOSE POST OFFICE ADDRESS IS 1714 JADE AVENUE UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS RESIDENTIAL URBAN; 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 9, Jade Heights Subdivision, according to the map or plat thereof, recorded in Plat Book 30, Page 90, Public Records of Pinellas County, Florida (ANX2003-01003) Land Use CateQorv Residential Urban 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. 7113-03, 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 S 163.3189, Florida Statutes. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Brian J. Aungst Mayor-Commissioner AZPr ved as to for~ T /) ''''')/ LV I ?) r;/, P-1F'..I'L JP<, ^~..o//r'1.-~{/. Leslie K. Dougall~Side.D Assistant City Attorney Attest: Cynthia E. Goudeau City Clerk Ordinance No, 7114-03 . -, IA ~I -q ~.l ~~: ,::~, ~ fll tV"'! 1770 1787 \J - 17, ~ '-. P! ):. ~ o o JJ RU /745/NS lJu.",SI\1"lIl'1' 17.i!} I~.. ~Y---- a n ~ "" 'oS' , - " 1 :..,[j : 7:- 1751 SANDYLN 17.16 / ~-I5 F qtJ 17:14 g g ~-~ - - " G {' <:>1- . , ~ ' :.s:>~~ '/'.,,, ~TO ," " 0+ I , 4~ 1 ~, 1 i4;o : 7. J7 1:4:' ,.,. Ir ,-J'~ .. ~~. \: .i' ,- 17; t.. 17.1 ~ tJ I w' I I'T1 0._1, ~ rii J 741 17.17 :5 ~ ., ::> ~ '" c ~ 17J:- MARY L RD 17:l;l 17.11 17:11 080 ~ ~ ~ ~c ~~G " ~') " - " Ii:'!' ~~ p 1709 1705 R:- ~ ~ ~ WAT~R \:>, ," CG ,f. , r- ~ o 0 0 ~ ~ ~ ,." , I ill, n.. 170J ,\t ,,~ , :5 6 ~ ~ ~ ~ 7,. FAIRMONT 5T , p ~ '" , ~ I~.' i ~ I1L ~ ~ C' (' f , ~ , N '" N ~ ~ ~ ' I6~ Rf' " c !:! FUTURE LAND USE PLAN MAP I Owner: Bobby Burch Case: I ANX2003-0 1003 Site: 1714 Jade Avenue Property I 0.15 Size{Acres): I Land Use Zoning PIN: 03/29/15/43740/000/0090 From : RU R-4 (County) To: RU LMDR A tlas pa~-:l 260B ! Ordinance NO. 7114-03 ORDINANCE NO. 7115-03 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 JADE AVENUE, APPROXIMATELY 380 FEET WEST OF BETTY LANE AND 185 FEET NORTH OF OVERBROOK AVENUE, CONSISTING OF LOT 9, JADE HEIGHTS SUBDIVISION, WHOSE POST OFFICE ADDRESS IS 1714 JADE 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 Lot 9, Jade Heights Subdivision, according to the map or plat thereof, recorded in Plat Book 30, Page 90, Public Records of Pinellas County, Florida (ANX2003-01003) Zoninq District Low Medium Density Residential (LMDR) Section 2. The City Engineer is directed to revise the zoning atlas of the City in accordance with the foregoing amendment. Section 3. This ordinance shall take effect immediately upon adoption, contingent upon and subject to the adoption of Ordinance No. 7013-03. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Brian J. Aungst Mayor-Commissioner A ILPpro~ed as to for{m;::: ') 'J., d:( c -!/, /'A~/f:')i::(' Leslie K. Dougall-Sid~.:) Assistant City Attorney Attest: Cynthia E. Goudeau City Clerk Ordinance No 7115-03 _I CAROL YN LN 17:1~ ~_. - ~ V:..-....; I i~l_ ~~ - ",,' j 17" 'r}12J' , lJ - Nol, Sea" 17,' ,:..;,7 J7H7 ) 17S~1 / "'8. ~ ..... " .. 'v ,. PI . , , ~~ , " ,;- " , 17:' . c.- O ,,":' J~ /I :b ~~~ " ,~~~ ~~ ~ 17:1. 0 ~~OO-f- "" itMD'iIf "'j,~ ~~ ~ 1 i7(l I " " ~ MDR 17.1~' I ~ i- lJu~ ....h,.:r'., , -. :t:. ~ 17, ~ \ 8 tJ :JJ ".al.....1 I al /77 . J,,".> : ';.~\ i 751 173ti ., ~ J i... : 7~ Jil!l 17:1~ - ~ ::: J7~~ T ~ -# r\-D J77 . ,.."r. .. ~<f , 17.17 R4 ;; I,._, ~ ~ 01 ::: J ,.11 17;15 MARY L RD J7:JJ /7:11 ~ ~ ~ ::: ::: -"'1 1709 C3 170!! ....In..r I II/~j~.l1 ti; ,'\ ,.~~ '~ ".... ~ " a ~ ~ ~ ::: AL TERRACE RD ~ ~ " ~ C3 I,U" 17D:1 2 ~ ~_' ::: . 17 FAIRMONT ST p ~\ ~ ~ ~ \ ~ : ~ ~ 3 ; ZONING MAP Jtiz. '" o ~ !;! ~ o Owner: Bobby Burch Case: ANX2003-0 1003 Site: 1714 Jade Avenue Property Size(Acresl: 0.15 land Use Zoning PIN: 03/29/15/43740/000/0090 From: RU R-4 (County) To: RU LMDR Alias Page: 260B rc:jt=tHt+:~tm~;E!r'~r 6T: -~~J,II~E 'b .J - ~tv.=:::;::: hU-' ~ : [-- -71-- ~ r'--;:=: fc~~ l-II-'--'-~ -t::::::r1' ~ - '- I - - ~[. '.= ~ -j ~ ... --.~, 'I: 1'1 ' ... o-"1~~ I --; - '~________..A" ~ ~\t , - ----:-- -.t~ W . ~ I ,to.. .-~-411--.--.'--l"-",,,,,,-,,-u'1I"'''-'' ...',-, r-r. -~- .--.- ~- -'r::nTTTIr 1-' -- ;,,-'- 0-<-' ::l :...... @ L;. ~ -~ l~ ... ";1;... II 1.. :;: :.::~ ,,-: l )') C,..., ...'-:' ;. ~~ 8:: :::- .::~r~.t.. I _ -'~r-~"::::"~ : c:... .0 ... ............,.~....-~'l~HirHl...' ~..~... 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SITE .~~ _ :,a----rrrri! u ~~y; ~'~JL-IJ\\ 8 ~u!ff:~ \:1 - d LLLl.Li PJIOITIJJ ~ " Ej ~ - ~ ~ji~ ~ > - ~ - ( I ,.,.. ffi} 1 8m ~ ;-,'"\ ~rt!!!113i I,'P~~ ~ I~/ ~\\ ~t ~;';!WI~@:c! EllIffiIffi9J I ~~ RTTJn t't) ( ",II, I r- r1 ::;:: 1-! I 8llilIlJ - - - ' /. . \...:' . t-- I I . : I'\.l1 ! I ' I Ok . .} iii ~1~mfliibBIOO~ ~~~.': .:' _~~I ~I ~.. 0: fjf1J#h ~ ,: dll\'P] r- i ~\ ~~ [ffiffiffi ,-: ~ EmmiE ,4 rsE EIHIIE ~1- ' :!J! ~IM!.-d PEIB j1-:; ~11 f- \, QE " .' '":j= 8llEffiB :::' ~. ~y Ii - fJiilt1mamnmrr::1] \, [li~ n 1]:. S: _ - :- ,-~: II -, . <::12); -~!iB J 1 r---r~ :i1'""i-"-F /. L.1.l ~ L.L ,.-,:: 'OIIJTI] ="- 7~: J ~~ ~ -n 11 ~'\j I I I ,- " " .111 I . I illJJ.II] "I 79ifi~ l.-MfT ~I r:: ~jrlnH::Dl ~ ~ f.-. \ \ II' i I '. -I ~ t:;j:: ~ ~ I:JInHlliH'iH'l1i1l'1llIII U~ ~ ~~&EllE ~ I ~ .~ ~ e-[j. ~ rn~I~EffilmffiJ ' =1. , thst-L;;lrll ( ) C Q:Ej t::= --\ ~ ( . 1 I : T).....u.J If ~rn'! I BJ:jtl II,l;j.JJI, ;ILlI COl-rH.~ I' /~f!ffiffi ~~~ ~LUI11:11Ct:LJ '-\ ~__l~_1 '''-rnEnIE '-{ I [ oilTJTiTI11I1 \ '-. \ rn EIEEI@'II ;,r. ~ r~T" JI~ '-., '-"C:k ~gj-llJ , ~ If II, I I r- t1lIIIIIIillE ,~ \ './Pt'= QP'\ ~ ~I fidE - I ,I llJJ. 111111111111 11 t" \ /" d~ (1d:::r="'fB LOCA TION MAP Owner: Bobby Burch ! ----_._---------------~-_._-----~------------- ---.,....------ Case: ANX2003-0 1 003 Site: 1714 Jade Avenue Proper~y Sizer Acres): 0.15 Land Use From: RU Zoning ! ---_._---_.._-~----- I R-4 (County) I PIN: 03/29/15/43740/000/0090 , -.----. To: RU LMDR i , , Atlas pcge: ! j 260B AERIAL PHOTOGRAPH Owner: Bobby Burch Case: A NX2003-0 1 003 Site: 1714 Jade Avenue Property 0.15 Size(Acres): Land Use Zoning PIN: 03/29/15/43740/000/0090 From: RU R-4 (County) To: RIJ LMDR A tics Page: 260B ."''' _ ~":{\ ~ -I^' I I~'" '-'1 Uli\;.,.I 17Sl1 3:! ecHo 17" :c: [).~rlJ Ivtvov .... I;-S7 "I ''', I"- 1-.. :t:. ,.,.' 17H :c: I;" ______ ~ ...' / ~ - -h :JJ /11 . 1J fl. I.Y 17;- '.,. " e. idif)rtl/U/.' ,..,' O~ ,. f 177 " ~~ ~ "r~ ", V"~ ,,~ 0_ ' ...... '-'+" .:.~~. ~ J,~ " ,,,~~ " qpeJt fpace ~ \~ 511tl!l iyal11ilj; :'R.ej~i de 11 fial I;',"":> I ;'f'.. 17:".: 1;-';:' /7.j . 1 i~!i ~ ' .-- __ ,Ir7 .J /-r~ 'ft-e:ftl 111 U'}t :JU 'Side,l' (f7(~1 li3:a::.; 1737 o Ji:.,!J I'T1 I 73,', i 1~ t:t:. ml 17;11 ~ ~'llIcte'" iii ;;;; Se *e~. ~ rj. ,'i '-.~~ ~ \~ ~ ~ ~ '-..~ ~ \~ ~~ \~ ~ /en fete ") s~ {\o , '\~ , 1700 170l '" B . ~ 't !:i I' . ~ ~ .. E EXISTING SURROUNDING USES Owner: Bobby Burch Site: 1714 Jade Avenue land Use From: RU To: RU I Case: I Property Size(Acres): Zoning 1770 17.J~ HII.'. SJ\I'lt,'T ~ SANDY LN '7:11i 17;J.j g g - - 8 ::l .. :::: ::: ~ MARY L RD - ., c c ., ., - - ~ 1XI 8 ~ ~ rTI ::: ::: ~ l"- e '0 0 :c: ::: ::: - ,tI, 17m 8 3 ~ ::l ::l FAIRMONT ST 11;2, "- c ::l c .. ~ ANX2003-0 1 003 0.15 PIN: 03/29/15/43740/000/0090 R-4 (County) LMDR Alias Page: 260B \ \ \ '\ \ n r i~ 1; ~ ' ~ : 1 , :i. :f;".:.,: '\! I \ \ I I I ,.J- ' .;.. >'.., .. ./ ~? .I\,' : ... '€ : ." -. 0 C , \ CJ oS ~ .9 u ~ ;> CJ :> ; ',:".-. , I'~ ;. ;(;,; \ .: ;.,' '.. ,", '." .(1; '~ \"' , ..':':& '..::(.;\ :.,;' :~c~11 f i\>:('I:lf~ - III ~ CJ U oS E o ..t: ~ CJ .t"" ... ~ en ~ 0 0 - 0 I ~ 0 C1) 0 =' ~ t:: C1) ~ ~ C1) ~ ....., fj ~ - .... r- ::s - ~ ~ ~ ~ 0 CO . ITEM # 0 Clearwater City Conunission Agenda Cover Mernorand urn Work session Item #: ,oLD 3 to Final Agenda Item # Meeting Date: 04-17-03 SUB.J ECT/RECOl\Il\ I ENDATI ON: APPROVE thc Pctition for Anncxation, Land Usc Plan Amcndmcnt from County Rcsidential Low (RL) to City Rcsidcntial Low (RL) and Zoning Atlas Amcndmcnt from thc County R-3. Single-Fami Iy Rcsidential District, to thc City LMDR, Low Medium Dcnsity Residential District for 17-W Nursery Road (Lot 7, Block B, Douglas ~v1anor Lakc in Scction 23, Township 29 South and Rangc 15 East): and PASS Ordinances #7110-03, #7111-03 & #7112-03 on first reading. ~ and that the appropriate officials be authorized to execute same (ANX2003-0 1002) SUMMARY: This sitc is locatcd at 1740 Nurscry Road, which is on thc n0l1h sidc of Nursery Road approximatcly 520 fcct wcst of Keenc Road. The subject propel1y is approximatcly 0.24 acrcs in area and is cun'cntly occupicd by a singlc-family dwclling, Thc purposc of the annexation is to cnable the applicant to receive City scwcr service, A Futurc Land Usc Plan dcsignation of Rcsidcntial Low (RL) is proposcd along with a zoning category of LMDR, Low Mcdium Dcnsity Rcsi den t i al. Thc Planning Dcpal1ment determincd that thc proposcd anncxation IS consistent with the following standards speci fied in the Community Dcvelopment Code: · The proposed annexation will not have an adverse impact on public facilities and their !cvel of service. · The proposed annexation is consistent with the City's Comprchensivc Plan, the Countywidc Plan and the Community Dcvelopmcnt Code. · The proposed annexation is contiguous to cxisting municipal boundaries, represcnts a logical cxtension of the boundaries and docs not crcatc an enclave, This annexation has been revicwed by the Pinellas Planning Council (PPC) and Pincllus County staffs according to the provisions of Pinellas County Ordinance No. 00-63, Section 7( 1-3), and no objections have been raised, Reviewed by: Legal II~ Budget N/ A Info Srve N/ A Originating Dept: PLANNING DEP TMENT Marc A. Marla d User Dept. Costs PLANNING DEPA Total Purehasln N/A g Risk Mgmt N/ A Public N/ A Works DCM/AC~---~ Other N/ A Funding Source: Current FY CI AHachments ORDINANCES NO. 7110-03, 7111-03 & 7112-03 STAFF REPORT OP Other SubmiMed by: --n roM j I City Manager ~ ~~ Printed on recycled poper 2/98 o None A ro riction Code: Rev. ANX2003-01002 1740 Nursery Rd. Susan Gilbert Page 2 Please refer to the attached rep0l1 (ANX2003-0 1 002) for the complete staff analysis. The Community Development Board reviewed this proposed annexation at its regularly scheduled meeting on March 18.2003 and unanimously recommended approval. S:\Planning Department\C D B\Anncxations\ANX - 2003\ANX2003-01002 Susan Gilbert 1740 Nurser)' Avc\CC ANX2003-01002 1740 2 Nursery Rd Susan Gilbert.doc COB ivleeting Date: Case Number: Agenda Item: March IS. 2003 ANX20Q3-0 I 002 C2 CITY OF CLEAIHVATER PLANNING DEPARTMENT STAFF REPORT BACKGROUNIl INFORMATION: O\VNERS: Susan Gilbert & Christina Anderson APPLICANT: Susan Gi Ibert LOCA TION: 1740 Nursery Road, located on the north side of Nursery Road, approximately 525 feet west of Keene Road. REQUEST: To annex the property into the City of Clearwater at the request of the property owner and approve the appropriate City land use plan category and zoning district. SITE INFORMATION PROPERTY SIZE: 10.454 square feet or 0.24 acres DIMENSION OF SITE: 90 feet wide by 109 feet deep m.o,1. PROI>ERTY USE: Current Use: I)roposcd Use: Single-family residential Single-family residential PLAN CATEGORY: Current Cntc~()ry: I)roposcd Catcgor)': Residential Low (RL) Residential Low (RL) ZONING DISTRICT: Current District: I)roposcd Dist rict: R-3, Residential Single-Family District (County) LMDR, Low Medium Density Residential EXISTING SUIU{OUNDING USES: Nor1h: Single-family residential South: Single-family residential East: Single-family residential West: Single-family residential Staff Rcport - COl11l11unity Devclopment Board - ~ larch 18. 200."\ - Case ANX200}-O 1 002 Page 1 ANAL YSIS: The subject property is located on the north side of Nursery Road at 1740 Nursery Road, approximately 525 feet west of Keene Road. The applicant is requesting this annexation in order to receive City sewer service, The propel1y is contiguous with the existing City boundaries to the n0l1h; therefore, the proposed annexation is consistent with Florida Statutes with regard to voluntary annexation. The subject site is approximately 0.24 acres in area and is occupied by an existing single-family detached dwelling. It is proposed that the propel1ies have a Future Land Use Plan designation of Residential Low (RL) and a zoning category of UvlDR, Low Medium Density Residential. A. IMPACT ON CITY SERVICES: [Section 4-604.Fl] \Vater and Sewcr: Thc applicant is cUlTcntly 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 sewer line is located in the adjacent Dexter Drive right-of-way. Thc applicant has paid the scwcr impact fee of $900.00 and assessment fee of S968.00. Solid Waste: Collection of solid waste will be provided by the City of Clcarwater. 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 propelty. Police: The proposed annexation is located within Patrol District 3 in which there are cun'ently 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 officers in the field. The Police Depm1ment will be able to serve this property and the annexation will not adversely affect police service and response time. Fire and Emergency Medical Services: Fire and emergency medical services will be provided to this propelty by Station #47 located at 1460 Lakeview Avenue. The Fire Department will be able to serve this property and the annexation will not adversely affect fire and EMS service and response time. In summary, the proposed annexation will not have an adverse effect on public facilities and their level of service. B. CONSISTENCY WITH CITY'S COMI)REHENSIVE PLAN: [Section 4-604.F.l] The Pinellas County Comprehensive Plan and the Countywide Plan designate the site as Residential Low (RL). It is the purpose of this category to depict those areas of the County that arc now dcvcloped, or appropriate to be developed, in a low dcnsity residential manner; and to rccognize such areas as primmily well-suited for residential uses that arc consistent with the low Staff Rcport - Communit)' Devclopment Board - Man:h 18. 2003 - Case ANX2003.0 1 002 Page 2 density. non-intensive qualities and natural resource characteristics of such areas. Residential uses arc the primary uses in this plan category up to a maximum of five (5.0) dwclling units per acre. Sccondary uses include Rcsidential Equivalent; Institutional: Transportation/Utility: Public Educational Facility: Ancillary Non-Residential and Recreation/Open Space. The annexation docs not propose to change the Residential Low (RL) plan category and the propused use is consistent with the uses and density of this plan category. Further, the annexation promotes inrill development as stated in Objective 2.4 of the Clcarwater Future Land Use Plan: 2.4 Objective - Compact urban dcvelopment within the urban service area shall be promoted through application of the Clearwater Community Development Code, In summary, the proposcd 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 \VIT" COMl\lUNITY DEVELOPl\lENT CODE AND CITY REGULATIONS: [Sections 2-1201.1. & 4-604.F.5.] As stated earlier, the applicution for annexation involves an existing single-family detached dwelling. The property is 90 feet in width and 10.454 square feet in lot area. The appropriate zoning district under the Community Development Code is the L~\'lDR, Low Medium Density Residential District. Under the cun'ent 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 requircments of a standard development in the LMDR District and is therefore consistent with the Community Development Code. D. CONSISTENCY \VITH THE COUNTY\VIDE PLAN: Thcre is no change rcquested in the Comprehcnsive Plan category of the sitc, which will remain Rcsidential Low (RL) with a maximum dcnsity of five (5.0) units per acrc for the Residential Low plan category. E. CONSISTENCY 'VITH PINELLAS COUNTY AND FLORIDA LA \V: Pursuant to Pinellas County Ordinancc No, 00-63, the Pinellas Planning Council and County staff have reviewed this annexation and determined it complies with the ordinance criteria. Florida Statutes require that a proposcd annexation be both contiguous with the existing municipal boundaries and compact in its concentration (Florida Statutes Chapter 171). This site is contiguous with the existing City boundaries to the north and represents a logical extcnsion of the existing boundaries. The compactness standard of Florida law requires that the anncxation does not create an enclave or a serpentine pattel11 of municipal boundarics. The annexation of this property is consistent with this standard and no new enclave wi 11 be created. Staff Rcport - Communil)' Dcvclopmcnt Board - r-.l arch I R. ~003 .. Casc ANX2003-0 I OO~ Page 3 In summary, the annexation of this propcrty is consistent with Florida law, F, CODE ENFORCEMENT ANALYSIS: There are no CUJl'ent code enforcement violations or any code enforcement history on this site, SLTl\Il\IARY AND RECOMl\IENnATIONS: 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 levcl. The applicant has paid the rcquircd sanitary scwcr impact fce and assessmcnt fce and is also aware of thc additional cost to connect the propcl1y to thc City sewcr system. Thc proposed anncxation and existing use arc consistcnt with the City's Comprehensive Plan and thc Pincllas Planning Council's Countywide Plan Rules with regard to both the Future Land Usc Map as well as goals and policies. The existing and future use of this site as a singlc-family homc is consistcnt with the LMDR zoning district. Finally, the proposed annexation is consistent with Florida law regarding municipal annexation through its adjacency with existing City boundaries and is compact in concentration. Based on the above analysis, the Planning Depmlment recommends the following actions on the request: Recommend APPROV AL of the annexation of the propeJ1Y located at 1740 Nursery Road. Recommend APPROVAL of the Residential Low (RL) category pursuant to the City's Comprehensive Plan. Recommend APPROVAL of the LMDR. Low Medium Density Residential zonll1g district pursuant to the City's com. munity DCVcl()pmcn~l'}f~ j . Prepared by Planning Depal1ment Staff: ~ ~'Iarc A. Mariano, Planner Attachments: Application Location Map Aerial Photograph Proposed Annexation Future Land Use Map Zoning Map Sun'ounding Uses Map Site Photographs SIl'I.lnnill~ nCI'.H1I1l:I1I\C \) 1I\.-\nl1c,,,'iOIl""SX, ~(X))\":-:X~I)(lHIJ()O~ SU'''1l lillhcrl17JO Sur\CI) "'c\.\SX~(Kl.l,lll()ll~ SUlSery Ihl \1"ffrc",1l1lln<: Staff Report - COllllllunit)' Dc\'elopment Board - ~Ian:h 1 R. 2003 - Case ANX200}.O 100::! Pagc 4 ORDINANCE NO. 7110-03 AN ORDINANCE OF THE CITY OF CLEARWATER. FLORIDA. ANNEXING CERTAIN REAL PROPERTY LOCATED ON THE NORTH SIDE OF NURSERY ROAD, APPROXIMATELY 525 FEET WEST OF KEENE ROAD. CONSISTING OF LOT 7, BLOCK B, DOUGLAS MANOR LAKE, WHOSE POST OFFICE ADDRESS IS 1740 NURSERY 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: Lot 7, Block B, Douglas Manor Lake, according to the map or plat thereof recorded in Plat Book 37, Page 99, Public Records of Pinellas County, Florida (ANX2003- 01002) 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 Approved as to form: Attest: ;;::j}/~' ~< ur:rl1-/<:{C Leslie K. Dougall-Sides U Assistant City Attorney Cynthia E. Goudeau City Clerk Ordinance No. 7110-03 1.1.;' 1-11,. '.I!}l '.'5;' ,.,,;.. c C t. g I. C I. l!llll l!i':h) J:",.,(; Owners: c. :'? c ;: r';;i() J4:itl ~ :-Il~;: ~ ~ o [f ~ !-lOti "'.",1 . C I. ., I. '.H!'i J.l!il 1-1;'7 Hti:. 141i:f '.175 III/I HII7 o. 0 C'I :'1 t... t... - - c-. ;: r. o. .. ll.i-i IIH '4~P J.l5(j I.W: ~ :JJ :tI o ::iE tJ :JJ ,.W,'" 1474 HoD ','8d '" ':l '" ... t... t... N WINFIELD RD c-. ., .. ., <I .. .,. <I t. <. r: - S WINFIELD RD .- 1 ~ I~ ~ ,;. : ,: 1 ~ I '.ll.'i 11~1 H~7 ,.W:! J .j , I ~ I I' ;":, j.t.;, J.l1/7 '" .,. .. 1.1.'1 i I r. t. _I : t: t~ /) ! Inl I I/"Vj ! " I INn W,l IU1.':};J i I.Ur. I' IH.l I.ll~, 'nullu_" I... I .Not a SOl "Y I "H"" I~!>(l Cl: ~' ~~~51 Q I 1/5/ '"6 I f5 ' \1!iJ H~"I ~ lLJ II" Q ,)1 J"~o i Hol I Susan Gilber I & Cllrisfina Anderson Site: 17,:0 Nursery ROClCI From: To: LClnd Use RL RL i I lJ.l"j " ~ .. IH:: I~ J.l HtOO ,.'lj(i 14,.t; iHI;7~ ~~ / i ~. 1 '-. ~ J.'71 ~ 1-1,0 "~ " ..... = ,I f. ill -...... '" ., .. NURSERY RD ...., ~ / 1~.o8 ~2 ;: /501 ~ ffi J-;; ~ Q --------------- ~ 2r- 15:10 1515 J!'l:':O J!i21 ; 1 - ... ., .. ... '" ~ r. &l '" 15~O WINFIELD CIR ~ PROPOSED ANNEXATION R-3 (County) LMDR Zoning Case: ANX2003-0 1 002 - Q a: LIJ ~ ~ r Proper ty ! I Size(Acres): : .______ I 0.24 ------.-------------- i PIN: 23/29/15/22266/002/0070 I f\ tlClS F',:J;JI.-:: I i I 315B ,. . . L . t \ .~ :.: r~. : 11 l' 1 (lnlill.lIlCl' Nil. 7110-01 ORDINANCE NO. 7111-03 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 NURSERY ROAD, APPROXIMATELY 525 FEET WEST OF KEENE ROAD, CONSISTING OF LOT 7, BLOCK B, DOUGLAS MANOR LAKE, WHOSE POST OFFICE ADDRESS IS 1740 NURSERY ROAD, 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: 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 Cateqory Lot 7, Block B, Douglas Manor Lake, according to the map or plat thereof as recorded in Plat Book 37, Page 99, Public Records of Pinellas County, Florida (ANX2003-01002) Residential Low Section 2. The City Commission does hereby certify that this ordinance is consistent with the City's comprehensive plan. Section 3. This ordinance shall take effect immediately upon adoption, contingent upon and subject to the adoption of Ordinance No. 7110-03, 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. 71 1 1-03 I I I w', RL-----;-;; I UJ ---1--- ~ 1'" .... '.hi;l I "'-" ! ~ I 11l":Z: ~ I ~ DUNCAN CT ~ I.L'<' t ---I HI" I ! I H~d 11.",' t-,.,j --J ... 8 ~Cq ~ I ~ I ~ ~, ~ J~ I." 15:t.J I~."; RU R_ o. a ('I ;"1 t. I... 1 "0'" I.Fl H:.' FiL 'hi'l '-17["1 HRJ HI/7 ::,;" ;;11 :-.:,0 ;:';1 s= : of;: 0 ::0 :JJ j.lt;.., 0 ~ 0 H7,1 ::0 l-lRQ I ~R< .. ~ 1: ~ i: i! N WINFIELD RD c:-; I. ~ ...,. ::"~ ro .., t... t.... -F /;; <" . R Ls WINFIELD RD ~ .~ ~~~ I ,... RL IIl~ r ::.// ~~h~ ct Q ct )/,,/ ~ ~ Q ;.;.1.' :.".1 :";:' l 7?lf '':'':1 I fQ,:" a: o ffi J..;;: .. ~ ,; 0 ~ .. - -~ 'r ~ER---: -~ ~ ~----r1L~ < ( '"-.1 ~ :; ~ 7'~ J 1r..1O WINFIELD CIR ~ RL RL " <". I. J!,)l I. I~ i 7B~ t .Not to .ole. .Nol o. 'vey Ovvncrs: SUSOrl Gilberl & ChristinCl Anderson l!<: J:: 1 !-i.j,' l .. ~ ( ~ j ;:.i '.1-1:' ~\J~~~ l-:tiJ IA A -rr. R ". ,... 1.11;1 i.J!iti 146j'" v ~ h, ., 1.,71 h 'I'--, ~ '" ., .. NURSERYRD FUTURE LAND USE PLAN MAP Site: 17 40 ~.Jurscry f\OCld l.C1nd Use I'on~ 1,\ Fn Pi. I Coso: ...-,.. .......-.1--------.-.---.-. loning A N X 2003-0 1 002 ; PI o~)er ty , Size/Acres): 0.2<1 --.. r '-~-- ! -.-- .--......------ .....--- i ! R-3/Cclmly) l t,N._~' " R'r- . . R. 1-1:', 1"(;1 . R: Q ct - lU ~ ~ . J.I'70 III 1!iO," ...! 1!l~<.J Ii~ J: . r PI~~: 23/?9/15/22266/002/0070 1\ :105 1'1I~J(' 3 1 !ir~ (hdi;~.!\1Ct' ~\l. ,i ]-O'l ORDINANCE NO. 7112-03 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 NURSERY ROAD, APPROXIMATELY 525 FEET WEST OF KEENE ROAD, CONSISTING OF LOT 7, BLOCK B, DOUGLAS MANOR LAKE, WHOSE POST OFFICE ADDRESS IS 1740 NURSERY ROAD, 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 7, Block B, Douglas Manor Lake, according to the map or plat thereof as recorded in Plat Book 37, Page 99, Public Records of Pinel/as County, Florida (ANX2003-01002) 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 shal/ take effect immediately upon adoption, contingent upon and subject to the adoption of Ordinance No. 7110-03. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Brian J. Aungst Mayor-Commissioner Approved as to form: J::}i, '7< f1~f/,'// Leslie K. Dougal1-Si~) Assistant City Attorney Attest: Cynthia E. Goudeau City Clerk OrdHli'HlCe No 7112,03 i H:q 1."'.' I i I 1.; :~,"l , o. ~~ .. ;? r;;:\ I~ :' I ~-lI rHO A:: I T] 3 I IH~. 14.15 I ~ 1<:' 1 H~O J:.\ 1.J.l~ i:.I.I!IR _'1 1.1~11 __1_-.. J.I~J I 1~.1O "'J~I I.J.lO H.J.l Z.H!i :...1-1 '.J.l5 ,.'!'I;" HSti J.l~7 ~ 1.J~(j ),'5i ~ I ~~O ~u; q: 0:: l-1ft:! '-'li:1 Hf,2 JJ Q 14!jJ ~ J.lti:J 1-1',3 :JJ ....t::r.. 0 0 ~ I 1.1, 14ii8 "'H..1i H!i., 8 Cf J4ti!I ~ J .It; ~ 1 '" ~ ~ tJ ~ I-I!!? "'!l6 J.l75 '.17.' :JJ J,'75 - "61 ,..tiO 14f,O 1 ~3 ,..,titi H80 J ~tiH :1 1~81 ~ HHI R3 ~ .1 /487 1~86 . ~ ~ ~ IL/WD~ /. 00 '" 1~1i7 ~..:._~ 1~71 ~ II) ltl ~ 1470 LMDR NURSERY RD ~ <; ~ ... 0, I, / .. I. '" " ., .- ~ <-: J!hH .,; I!lOIi .... ,. 'y 0:: 1515 ~ R2 , 0 '" '" Q i R '"' .. 1520 ... I. 0:: - - R2 ~ N WINFIELD RD ~ "" 2 ~ -- 1518 / ~ C\ '" , R .,. ~ - ~ Q 1530 JJ ') --) /530 15~f, ~ .. 00 c '" '" .. <. J:HO <. n ... 'D '" l!; I. ... ~ :: I. ~ I. 'D X. I. S WINFIELD RD WINFIELD CIR r -I - ZONING MAP Owners: Susan Gilbert & Christina Anderson Case: ANX2003-0 1 002 Site: 1740 I-.Jursory Road Property Size(Acres) : 0.24 Land Use Zoning -"1------------ 23/29/15/22266/002/0070 PIN: Frorn : RL R-3 (County) To: RL LMDR ----------,------ A tlas Page: I 315B ()nlinnnce Nl1, 7112-03 iTI:~~~ i NE~,~ ~ ~'#-4" _ ~- ffi~ t-n hj I .., 1 -.1 ~ I I I nT I I I ~I fir 11 1111111 1111111 ~I III I ~I I I I~~ I g~ III ~ ~RI~ ""11i! HcY~;.'''''''mmc , , ~ L- ~-{J -- 8 1 I I I I I I I Jf-Y. (! I ! I I I II I II 'i- I I I I I I I I AJ' ,....., \'d . ill ...... IF If....r/ j j ,v r, ~ , 'I 'f.-fTll'r- ~;.j- . ~~--""."~ I H I I r- I \ I I I I , oy. '_" , m . ~t1tt-H::H~fHEl I ... '\.\ '. J. ~ > i I:: ~ tt ~ .A~ I l _ S7:''2::::. -i, r::r=rJ=j r=-...l ' o:::rr::o Jill 111111 'I --' - I I I ~ I II II II I II I III I 1 H t:~, I III 'r)"< j EEffi 11 I EHffi I ffiE... ','m tam It-+- I~ I 'J.I-l "i - .~,ffi . ~ .- / ~ H ^ ...;..., If[:: I . I~-:r. -y:~ I I 'II '- ( I ~ I :1 I ~ ,I + WE Ld ~ SITE I I r- m- f-JL I fTTl .l- I 3;;~ J '-- -~,~- Eiiffimamffi I I-J- .r- EI33llIHH.Hm3 ~ !!Tlilll U 1,1, IIIJ 1111 J I I I- ~ t- /7 \ -<r- l' I ul ",\ I ;J-i::;" i-:-- l"""- 11 HI- ~.rl ,t L 1/111111111111 J] ,.j I LOCATION MAP Owners: Susan Gilbert & Christina Anderson Case: ANX2003-0 1 002 Site: 1 740 Nursery Road Properly 0.24 Size(Acres): Land Use Zoning PIN: 23/29/15/22266/002/0070 From: RL R-3 (County) --.------ To: RL LMDR A tlas Page: 315B ~ -- .- t. l~' . .~ ~. ~~ ,t:' l.,~'i'l i' i ,f;;1 . ' !J.,,' .9)..11 }' ~b ..~ ~~ 11:: '..>>'3 .'; I.... ;f! r . ~S f1; U'J &.''1 t' , ~ 1 ~ !Jo. .... ." ~.~ ~. " ., .".l .t."1-'lq~' . ;.J.'~ . ',~ ~. il. ....~- :f . , . .. -~-~'''l'''~' . . ,., "h. 'r ~- .~ \. v , I. -- .~_.,": -'If Fe t! f ~1 - a"" ..' /, . ~'~~,. t ~j' 'II t '~l '" J :..... f1 . . -, -:'1 ~.~ T . , ) .-.... - I . ~H..l,. I i ~ I 1:;"" .~-9___ . ,,~.; >- .:', ....... 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J' ~ ! ~ f .. l ~ t i- II" .,~ ..~ f ~ ..j .<>1 ;, ... ~ I i(.I,' ~ \,{ " .. ~ I:. ,: t -:. to( ;!j , '~ .; AERIAL PHOTOGRAPH Owners: Susan Gilbert & Christina Anderson Case: A NX2003-Q 1 002 Site: 1740 Nursery Road Property 0.24 Size(Acres) : Land Use Zoning PIN: 23/29/15/22266/002/0070 From: Rl R-3 (County) To: Rl LMDR A tlas Page: 3156 j ...l H'.' ; ~3~ 1~:Hl H:IH _I "- .- "- ra ., ;~ li 1."'5 Sl zgle_ ~~llj; ;.HO .. H~!l IiS!r 1.150 2 ~sit'l Iljuz7 1~:l9 '~5' '.151 en 1442 IHO '4:Hl I IH.I H~' HH H~' 'nUl ru .. .. I .Nol a Sur .y. r -4:;7 '45<i 1~'7 '''~ti :-I!-;" ~ f ~ s: ~ , " IH4 14'0 ex: rt ~'J'" ~ 0 1-4t'; q: l~o.1 '4t;2 ::n Q tte'i ~ j4r... ,el~ tta ~ 14'i:f ::n ex: 0 ~ \~ 1-4tl..." 0 1~"1i :E '4:1-1 ,.wn :p.." ~ '" Ci .- tJ Q 1~!lU ~ 147!l 147.' ::n I ~".r '''fI' HtiO 1-41'10 l..ftxi f7te /irz 111 itj)~HO Ilt;fl ?f '~ Sill) Q ;4"'- EX: Re If iti 1:!'1z t 1 q/HS.1 ~ f: ~ ., , 1-171 ~ ~ ,.....:- -- .. 1470 NURSERY RD c ., i: .. / .. ,~ "- "- ., !J '" '501 :g !fe-I, iiil ,.: .. I!lOIi ~ 'ina ':ln1 ... lr / ~esiq ~ntl ~I ex: --------- ",-' '" Q l!ll!l "' R ~ .. 1!l20 .. .. !:: ffi ""'---- N WINFIELD RD ,...-; ) Sia~ t1 1!l21 -- 13lfl /' 11 r: '" .. '" .. t-. ~ Q 1!l30 I 1!l30 m Z ,A t' .. " 0 1!l4D ,r.-I(1 " '" ., :.!i ~ atlta \... !:: .. .. ~ !:: !:: '*!:: 7 ,- S WINFIELD RD WINFIELD CIR r EXISTING SURROUNDING USES Owners: Susan Gilbert & Christina Anderson Case: I ANX2003-0 1 002 - I Site: 1 740 Nursery Road Property I 0.24 Size(Acres): : Land Use Zoning I PIN: 23/29/15/22266/002/0070 From: RL R-3 (County) To: RL LMDR Atlas Page: I 315B I I View looking south View looking west View looking north View looking cast Site view from the cast Susan Gilbert & Christina Anderson ANX2003-01002 1740 Nursery Road fs.~ t::i ..d. << -- ~ ~~:;... ~ ~IfAT~9- ~~ ----- Clearwater City C0I111nission Agenda Cover Memorandum \Vc'.:sesslon Ite"n ;:. PL{j if I l Fine I .':',;Jendo Item ;: Meeting DOTe: 4-17-03 S UB.J ECT/RECOI\ 1:\ 1 END:\TI ON: APPROVE a Land Use Plan Amcndment from the Residential Low ivtedium (RLM) and Rcsidential Urban (RU) catcgorics to the Recreation/Open Spacc (R/OS) category and a Zoning Atlas Amendmcnt from thc County R--l, Onc. Two and Threc Family Residential District and thc City MHP. ~vtobile Home Park District to thc OSR. Opcn Spacc Rccrcation District for property located at ~0~5 Gulf to Bay Boulcvard (A p0l1ion of Tract A, ~'tymn Smith's Bay View Subdi\'ision: a pOl1ion of Lots 2 8: J. Block 5, Rcvised ~'tap of Town of Bay \'icw; a portion of \'acatcd County Road J I: and a portion of Lots 1 8: -l of Re\'iscd Map of Town of Bay Vicw in Scction 16. Township 29 South. Range 15 East), and PASS Ordinances #7116-03 and #7117-03 on first reading. (8) and that th~ appnlpriat~ llflil:ials b~ aUlhorized Itl ~\~I:Ulc same. (LUZ1003-01001) S UI\ 11' 1:\ I{\': This subject site is located at the southwest corner of the Gulf to Bay Boulevard and McMullen Booth Road intcrscction. The subject site is approximately -l.4 acres in area and is cUITcntly vacant. The City of Clearwater agrecd to purchase the site on January 2-l, 2002 to devclop a park as part of an alTlll1gement with the Florida Community Trust, Pinellas County and the Trust for Public Land in order to scttle a lawsuit with the previous property owner. the Laura Nail Connelly Trust. Thc City of Clearwater is proposing to amend the Future Land Use Plan designation of this property from the Residcntial Low Medium (RLM) and Residential Urban (RU) categories to Recreation/Open Space (R/OS) category and to rezone it from the County R--l. One, Two and Three Family Residential District and the City MHP. Mobile Home Park District to the OSR, Open Space Recreation District to develop the propel1y as a passive park. The Planning Department determined that the proposed land use plan amendment and rezoning applications are consistent with the following standards specified in the Community Development Codc: . The proposed land use plan amendment and rezoning applications arc consistent with the Comprehensive Plan. . The potential range of uses and the ClllTent use arc compatible with the SUITolllH.ling. arca. . Sufficient public facilities arc available to servc the property. Risk Mgmt NI A Originating Dept.: PLANNING OEPAI ME1"T / Marc A. Mononq !.Y'/ Public Works NI A //' User Dept.: ~ / DCMI ACM/-~.""/.</ Planning ( ~ Other Attachments: ORDINANCES NO, 7t 16.03 & 7117-03 STAFF REPORT N/A Costs Toto! N/A Reviewed by: Legal ' '<:-J -- .:X(L /,c}- Budget NI A Purchasing N/A Info Srvc Current NI A FY Funding Source: CI OP Other -- Submitted by: '"""D · a' JJ.. City Manager 't:wAJ ... ~...~ a o Printed on recycled paper Appropriation Code: o None LUZ2003-0 tOOl 3035 Gulf to Bay Blvd. City of Clearwater Page 2 . The applications will not have an adverse impact on the natural environment. Please refer to the attached land use plan and rezoning (LUZ2003-0 100 I) rep0l1 for the complete staff analysis. In accordance with the Countywide Plan Rules, the land use plan amendment is subject to the approval of the Pinellas Planning Council and the Board of County Commissioners acting as the Countywide Plunning Authority, Due to the density of the plan amendment site. review and approval by Florida Department of Community Affairs is not required. The Community Development Board reviewed this application at its March 18. 2003 meeting and unanimously recommended approval. S:\I'//llIIlillg /)1'/,11"11I"11(\(" /) /Nmu/ lJ.1I' AIII('/Idllll'lItlV.fFl20(}3V.lr/.2003-01001 City of Clmnl'a(r'T 3035 Gr.!f (0 Ila)' /lI1'1f\CC /.U7.2003.0JOOI City ofC/ranl'll('" 2 3035 GlIlf ((I /la.\' dOl' COB Meeting Date: r-,'larch IS. 2003 Case Number: LUZ2003-0 100 I Agenda Item No. C-4 CITY OF CLI~AR"'ATER PLANNING DEPARTMENT STAFF REPORT BACKGROUND INFORMATION O\VNER/APPLICANT: City of Clcarwater REPRESENTA TIVE: Alt Kader, Assistant Dircctor, Parks and Recreation Dcpm1ment LOCATION: 3035 Gulf to Bay Boulevard. located at the southwest comcr of the Gulf to Bay-McMullcn Booth intersection, REQUEST: To amcnd the Comprchensi \'e Plan's Future Land Use Map from Residential Low Mcdium (RLM) (County) and Residential Urban (RU) to the Recreational/Open Space (R/OS) category: and To rezone from the R-4, One, Two and Three Family Residential (County) and MHP. Mobile Horne Park (City) Districts to the OSR, Open Space/Recreation District. SITE INFORMATION PROPERTY SIZE: 191,664 square feet or 4.4 acres DIMENSIONS OF PROPERTY: 470 feet wide by 400 feet deep m.o.1. PROPERTY USE: CUITent Use: Proposed Use: Vacant Park PLAN CATEGORY: CUITent Categary: Proposed Category: Residential Low Medium (RLM) (County) & Residential Urban (R U) Recreation/Open Space (lUGS) Staff Hcport - Coltllllunity Dc\"clopl11Cnl13oard - January 21. 2003 - Case LUZ2003-0 I 00 1 Page I ZO~Ii\G DISTRICT: Current District: Proposed District: R-..t., One. Two and Three Family Residential (County) and ~'1I-IP, Mobile Home Park (City) OSR. Opcn Space/Recrcation District EXISTIN(; SURROUNDING USES: North: Office & Ovcrnig.ht Accommodation South: Single-family residential & Retention Pond East: Retention Pond & Bayside Bridge \Vest: Single-family residential & Vehicle service station ANALYSIS: I ntrod uction: This Future Land Use Plan amendment alld rezoni ng application invol yes three (3) vacant parcels of land, approximately.....4 acres in area. The subject site has Future Land Use Plan designations of Residential Low Medium (RLM) (County) and Residential Urban (RU) and zoning classifications of R-...., One. Two and Three Family Residential (County) and MHP, Mobile Home Park (City). In 1999, The Laura Nail Connolly Trust submitted an application, which in valved the properties associated with this cUlTent case, for annexation (ANX 99-14) and future land use plan and zoning amcndment (LUZ 99-00 I) to change the future land use to Residential/Olliec Gcneral (R/OG) and the zoning to the O. Office District. The annexation portion of thc request was approved. while the future land use plan and zoning amendment requcst was dcnied. As a result of this dcnial. the land was annexed into City jurisdiction, but the future land use plan catcgory and zoning districts rcmainedunchanged. The Laura Nail Connolly Trust filcd a lawsuit against the City of Clearwater as a result of the dcnied future land usc plan and zoning amendmcnt request. The proposcd future land use plan and zoning amendment arc part of the stipulation invoked by the June 21. 2002 Circuit Court decision involving this case. The City of Clearwater purchased the property as pat1 of an agreement with the Florida Community Trust, Pinellas County and the Trust for Public Land to preserve the site as a city park, The city is submitting this application to amend the futurc land use plan categories to Recreation/Open Space (R/DS) and the zoning districts to OSR, Open Space/Recreation. In accordance with the Countywide Plan Rules, the land use plan amendment is subject to the approval by the Pinellas Planning Council and Board of County Commissioners acting as the Countywide Planning Authority. Based on the size of the plan amendment request, review and approval by Florida Department of Community Affairs is not required. Staff Rcport - Community Dc\'elopment Board - January 21. 2003 - Case LUZ2003-0 1001 Page 2 I. CONSISTENCY \VITII CITY'S COl\IPREII ENSI \'10: Pl." N I SL'L'tions 4-602.F.1 & -l-603.F.I] Applicable Goals, Objectives and Policies from the Ckar\\'iltl'r ('llll1pl'L'lll'n~i \'e Plan in support of the proposed land use plan amendment arc as ilHlicated helow: 3,0 Goal - A sufficient variety and amount of future lalld lhl' l'illl'!l(lI'll'S shall be provided to accommodate public demand and promote infill dl'\'l'loplllL'nt. 24.4 Objective - Preserve natural open space areas which COllstltute ile~thl'tlL' aneVor ecological community assets. 24.4.3 Policy - Continue to designate appropriate land "Preser\'ation" and "Recreation/Open Space" in the Future Land Use Plan whenever feasible. The proposed plan amendment is not in contlict with any Clearwater Comprehcnsive Plan Goals, Objectives or Policies, and is consistent with the Clcarwater Comprehensive Plan. II. CONSISTENCY WITH COUNTY\VIDE PLAN The purpose of thc proposed Recrcation/Opcn Spacc (R/OS) category as specified in Section 2.3,3.7.2 of the Countywide Rules is to designate arcas County that are no\\' used, or appropriate to be used, for open space ancVor recreational purposes and to rccognize the significance of providing open space and recreational areas as pm1 of the overall land use plan. The Recreation/Open Space (R/OS) category is generally appropriate to public and private opcn spaces and recrcational facilities throughout the County. The areas should rCl'ognizc the natural and man-made conditions which contribute to the acti ve and passi \'e open space character of such locations. The primary uses associated with the R/OS category arl' Puhlk/Pri vatc Opcn Space; Public/Private Park; Public Recreation Facility; Public Bcach/Watcl' /\l'Cl~SS and Golf Coursc/Clubhouse uses. The proposed plan amendment is consistent with the purpose and locational dlill'llcll'risliL's of the Countywide Plan. III. COMPATIBILITY \VITH SURROUNDING PROPERTY/ CII"I{:\CTEI{ OF TilE CITY & NEIGHBORHOOD [Scction 4-602.F.2 & 4-603.F.31 Gulf to Bay Boulevard Corridor Gulf to Bay Boulevard is a six lane divided roadway with frequent traffic signals. The Gulf to Bay corridor in this area betwcen U.S. 19 North and McMullen Booth A venuc is characterized by a variety of development including commercial, ovemight accommodation, transportation/utility, institutional, office and residential uses. The Countywide Futurc Land Use Plan has designatcd land in this area on the south side of Gulf to Bay Boulevard Commercial General, Transp0l1ation Utility, Institutional, Residcntial/Office Gcneral. Rcsidcntial Medium, Rcsidential High, Rcsidcntial Urban, and Residential Low Medium, The area on the north sidc of Gulf to Bay Staff Rcport - Community Dc\'clopmcnt Board - January 21. 2003 - Casc L UZ2003-0 1 00 I I'af!c .1 Ihlllk\'ard has been designated Commercial General, Recreation/Open Space and Residential I ,llW ~kdiul1l. 11I1IIll'c1iatl' Surrounding Area 1I1l' hlllll'c Land Use Plan (FLUP) categories for thc immcdiatc SUtTOllllding areas to the west are Ih",llkntiill llrhan (RU) and Commcrcial General (CG). The Residential Urban (RU) category ilhll lllll'dcrs the site to the south. The properties to thc nonh of the subject site have a ('111111111'1\'",1 (ieneral (CG) dcsignation, while the property to the west is designated II i111'IH1Ililtlllll/l Itility (T/U). I Ill' ('''...IIII!! surrounding uses include single-family residential dwellings to the south and west, il'. \\ \'II il'" il ,,!'I)Il'le service station to the wcst. A retention pond and the Bayside Bridge are 111\ ,1tl'd III 11ll' l'ast of the propcrty and overnight accommodations and an office structure occupy 11h' 1"111ll'llll'''' !lllhe north. 1111' I'lllIHI"'l'd lilnd use plan amendment is compatible with surrounding uses due the recreational ,"11,1111111'1 Illlhl' USC. 1 \' I ,~'a:FFJ( 'I ENe\' OF I)UBLlC FACILITIES lSections 4-602,F,5. & 4-603,F.5] A-. -.I,IIl'll l'illlll'l', Ihl' suh.iect site is approximately 4.4 acres in area and is prcsently a vacant Pilll'!'1 III IlIlId. Based on a maximum permitted density of 7.5 dwelling units per acre in the 1{1".IlIl'lIllal 111'hilll (R ll) category and a maximum permitted density of 10.0 dwelling units per 1Il'll' III II". Ih....ldl.lllillll.ow Medium (RLM) category, 33 dwelling units could be constructed on Ihl... "'111', I Ill' l1lil\llIlIllll devdopmcnt potential in the Residential/Open Space (R/OS) category is II h\ I{ III ().~", wllll'll would permit the dcvelopment of a 47,044 square foot bui Iding on the site. l(ullel \\uys TIH' !I1'n'I'II'1I I11l'IIHHII,logy for reviewing the transportation impacts of proposed plan illlWlldllWll1s is hilM'd Oil Ihe Pinellas Planning Council's (PPC) traffic generation guidelines. Thl' I'II( tIs tf'illTk gl'llcralion rales have been calculated for the subject site based on the existing illld proposed FUlurc Land Use Plan categories and are included in the next table. MAXIMUM POTENTIAL TRAFFIC Current Existing Situution Plunl N/A 298 N/A 37 55.190 55.488 F F Proposed 1)lan1 17 Net New Tri s (-28 I) (- 35) ( - 28 I ) F J!!_I!U~I.!'!'L~_\]_~Lnl'lw~cn US 19 Nand Bu\'shore IIh'd ~la\lI1HlIll Dail\' Added Potential Tri)s -~\i~;~~~~;;;~;-I;~1-i;eak Ilour Added Potential Tri s' _____..___~._~___ _~_____n___ "lIll1llle of (iTB Blvd fmll1l1S 19 N to Ba\'shure BI\'d -~--_._- ._----. ',' ---..---- ~-L("~....'.!.L~.~!_lI!~':~~i.:!!l.!~ewa)' fl"llll1 Drew Street to 5R 60 I Sf,\ ,- Sill ..\pphl";lhk I.OS:: Lcn:I."f.Sel\ ice U., 1l:t\l'i101.' 1'1'(' l"lklll.III1"" of 70 !rIP\ per acrc pel day for Ihe RcsidemialLJrhan and lhc (,3 trips pCI' day (leI' aerc for the Residential Low 1\1ediuIIl l'Utlll<' 1.111<1 \1". l'l;)n ('atq:\lry :!:: lIa\<'d on 1'1'(' calculati{1I1s of -1 lrips pCI' aerc pCI' day for the Residential/Open Spacc rutnrc L,lI1d Usc Plan (',111'1:01)". 1", ('lIy ('alcula!ron of I :!5'.~' S~I.!!:.!:.!::. _.~}J.!r~!!"~r~::"'if.!!!~'....(!!!J..'!IJ...it/.' '.'lIll1r.' IAlltI Use Pia" 2 55.207 F The 2002 Transportiltion Levcl of Service (LOS) manual from the Pinellas County Metropolitan Planning Organizalion assigned the Gulf to Bay Boulevard section between US 19 North and Staff Rep\lrt ' (\lI11Il11llllly 1 k\"chlplllcnt Board - January 21. 2003 - Case LUZ2003-01 001 Page 4 Bayshorc Boulevard a Icvel of servlcc (LOS) F. The traffic generation for the proposed Rccreation/Open Space (R/OS) category is less than the cUlTent Residential Urban (RU) and Residential Low ~\'1edium (RUvl): therefore, no negative impacts arc anticipated to sUlTounding roadways. In adLlition. ingress and egress for the site will be located on the CR 31 right-of-way. as opposcd to thc Gulf to Boulcvard right-of-way. Speci fic uses in the clIrrent and proposed zoning districts have also been analyzed for the amount of vchicle trips that could he generated hased on the Institute of Transportation Engineer's ~vlanual. Uses TRAFFIC IMPACTS BASED ON ITE MANUAL STANDARDS Net Increase of A veruge Dnily Tril)s Aren/ Dwelling Units Dnily Trips/ Existing Zoning Dnily Trips ~ Proposed Zoning PM Peak Tri ps Net Increase of PM Peak Trips ----- Existing 7..oning Single-Family Detuched 0.6 Acres/ Dwelling (RU Land Use Areal 4 d,u, 38 N/A (1157 lIill\/dllcllinl.! unit) ~vl ohi Ie I-Iome Park 3,8 acres/ (RI.M Land Use Arca) 3S d.lI. IS:! N/A lot Xlllill\/'lI:cullicd uuill Total Traffic Generated 4A Acres 220 N/A from Site A rea 31 4 3 175 .,., 21 20G 26 24 Proposed Zoning Cit)' Park 4.4 acres (I 5') lrip, pel ,tn.') ~/A - Not /\pplic;lh1c SlIUI.'C: In.: T";I' (i""I'''''';O'' .\I'/lu/tll. fII" I:'rI.. I 'N7 N/A 7 N/A N/A Based on the ITE Trip Generation Manual a Mobile Home Park would result in an increase in traffic generation. As the proposed use that will occupy this sitc is a city park. traffic gencration is anticipated to be at a much lower rate, Due to the location of this site. access and egress areas will he locuted III the CR 31 right-of-way. The transportation impacts associatcd with the proposed land use plan amendment and rezoning will be minimal and the LOS for Gulf to Bay BOlllevard wi II not be degraded. Mass Tr~lIIsU The Citywide LOS for mass transit will not be affected by the proposed plan amendment. The total miles of fixed route service will not change; the subject site is located along an existing transit !'OlIte and headways arc less than or equal to one hour, PineIlas Suncoast Transit Authority (PSTA) bus service is available along Gulf to Bay Boulevard. Staff J{cpmt . CO/lllllUlllly Dcvelopmcllt Board - January 21. 2003 - Case LUZ2003.0 I 00 I Page 5 \\'atrr The CUITent zoning district could demand approximately 8,250 gallons pCI' day. Under the proposed zoning district, water demand could approach approximately 4,704 gallons pcr day if dcvcloped to thc site's maximum potcntial as a 47,044 square foot huilding, However, as the proposed use for the site is a passive park, demand on the City's current LOS for water will be considcrably Icss. \\'astewatcr Thc CUITent zoning district could demand appmximately 6,600 gallons of wastewater per day. Under the proposed zoning district, sewcr demand could approach approximately 3,763 gallons per day if dcvcloped to the site's maximum potential as a 47,O-l4 squarc foot building. However, as the proposed usc for thc site is a passive park, demand on the City's cun'cnt LOS for wastewater will bc considcrably less. Solid "'aste The cun'ent zoning district could result in 83 tons of solid waste per year. ^s no category has becn cstablishcd for parks and recreation facilities. the parking structure catcgory. at 0,3 pounds per square footage of bui Iding per ycar, was used to calculate the amount of solid waste that could be generated by the site. Under the proposed zoning district, solid waste dcmand could approach approximately 7 pounds per year if developed to the site's maximum potential as a 47,044 square foot building. However, as the proposed usc for the site is a passive park, demand on the City's cun-cnt LOS for solid waste will be considerably less. Recreation and Open Space Thc proposed land use plan amendment and rezoning will positively impact the LOS of recreational acreage or facilities, as the proposed use of the property is recreation space. V. IMPACT ON NATURAL ENVIRONMENT [Section 4-603.F.5.] PlioI' to development of the subject property, site plan approval will be required, At that time, the stormwater management system will be required to meet all City and Southwest Florida Water Managemcnt District (SWFWMD) stonnwater management criteria. Water quantity and quality will be controlled in compliance with the Clcarwater Comprehensive Plan. As the proposed developmcnt of the site is a passive park that will preserve much of the natural landscaping, the impact on the environment will be minimal. VI. LOCATION OF DISTRICT BOUNf)ARIES [Section 4-602 .F.6.] The disuict boundarics arc appropriately drawn with regard to location and classifications of streets, ownership lines and existing development and improvements. The location of the proposed Open Space/Recreation boundaries are logical and the site will complement the existing LMDR District and R4 (County) Classifications to the west and south and will provide a logical buffer between these propcI1ies and the Bayside Bridge to east and Gulf to Bay Boulevard Slaf!' RcporT - CommuniIy DcvclopmenI Bnard - January 21. 2003 - Case LUZ200J-0 I 001 Page 6 to the north. Commercial. Institutional and Open Space/Recreation zoning diSl1icts generally front on Gulf to Bay Boulevard between US 19 North and the Coul1ney Campbell Causeway. VII. CONSISTENCY OF DEVELOPMENT WITH COMl\IL~ITY DEVELOPl\IENT CODE AND CITY IU~GUL:\TIONS [Sections 2- 1201.1. & -+-602.F.I. and .2./ The proposed OSR. Open Space/Recreation District permits a FAR or 0.25 and the existing MHP, Mobile Home Park and R4, One. Two and Three Family Residential (County) Districts permits a slightly morc intcnsivc FAR of 0.50 and DAD, respecti\'c1y. The 0.60 ISR of rhe proposed OSR zoning district is considerably less than the existing ISR at 0.75 for the MHP District and 0.65 for the R4 District. The subject site is 191,664 square feet in area and 500 feet wide: however, there are no minimum lot area and width requirements for parks and recreation facilities in the OSR zoning district. Appro\'aI of this land use plan amendment and zoning district designation docs not guarantcc thc right to dc\'clop on the subject propcrty. Transportation concurrency must be met, and the property owner will have to comply with all laws and ordinances in effect at the time development permits are requested, The proposed use of these properties is consistent with the Open Space/Recreation zoning disttict regulations, SUMMARY AND RECOMMENDATIONS An amendment of the Future Land Use Plan from Residential Urban (RU) and Residential Low Medium (RLM) to Residential/Open Space (R/OS) and a rezoning from MHP, Mobile Home Park (City) and R4, One. Two and Three Family Residential (County), to the OSR, Open Space/Recreation District for the subject site is requested to enable the City to develop the site as a park. There arc no minimum requirements for the proposed use of the property as a park and recreation facility. The neighborhood is slIITounded by single-family residential dwellings to the south and west, a vehicle service station to the west, overnight accommodations to the north, a retention pond to the south and cast and the Bayside Bridge to the cast. The proposed future land use plan amendment and rezoning will be compatible with the immediate neighborhood, as it is primarily residential. The proposed Recreation/Open Space (R/GS) Future Land Use classification and OSR, Open Space/Recreation zoning district arc consistent with both the City and the Countywide Comprehensive Plans, are compatible with the sun'ounding area. do not require nor affect the provision of public services. arc compatible with the natural environment and arc consistent with the development regulations of the City. Staff Rcport - Community Dc\'c1l1prncnt Board - January 21,200:; - Ca!.c LUZ200-,-0 1001 Page 7 The Planning Department recommends APPRO\' AL of the following actions ori this application: 1. Amend the Future Lund Use Plan designation of 3035 Gulf to Bay Boulevard from Residential Urban (RU) and Residential Low Medium (RLM) to Recreation/Open Space (R/GS); and 2. Amend the Zoning District designation of 3035 Gulf to Bay Boulevard from MHP, Mobile Home Park (City) and R4, One, Two, Three Family Residential (County) to the OSR. Open Space/Recreation District. Prepared by Planning Depm1mcnt staff: Marc A. Attachments Application Location Map Aerial Photograph Land Use Plan Map Zoning Map Existing Surrounding Uses Site Photographs S:V'/I/I/II;IlS Drpllrtll/f'Il^C [) IN..nlld {j,\'" AII/"lId,rJ~IlI.lV.UZ 200.N-U7.2003.01001 City ofClt'anl'Otcr 3035 Gulf/{} Bay B/I'tN.U7.2003. 010013035 Gulf III 11a)' IJII'd 01)' o!CI,'an,'atn.S/{(!J R"J1ort.dm' Staff Report. Communit)' Dcvclopment Board - January 21. 2003 - Case LUZ::!OO3.01001 Page 8 ORDINANCE NO. 7116-03 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 AT THE SOUTHWEST CORNER OF THE INTERSECTION OF GULF-TO-BAY BOULEVARD AND MCMULLEN-BOOTH ROAD. CONSISTING OF (1) A PORTION OF TRACT A. MYRON A. SMITH'S BAY VIEW SUBDIVISION IN THE SOUTH ONE-HALF OF FRACTIONAL SECTION 16, TOWNSHIP 29 SOUTH, RANGE 16 EAST, (2) A PORTION OF LOTS 2 AND 3, BLOCK 5, REVISED MAP OF TOWN OF BAY VIEW, (3) THAT PORTION OF VACATED COUNTY ROAD 31 IN SECTION 16, TOWNSHIP 29 SOUTH, RANGE 16 EAST, AND (4) A PORTION OF LOTS 1 AND 4 OF REVISED MAP OF TOWN OF BAY VIEW, WHOSE POST OFFICE ADDRESS IS 3035 GULF-TO-BAY BOULEVARD, FROM RESIDENTIAL LOW MEDIUM AND RESIDENTIAL URBAN TO RECREATION/OPEN SPACE; 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 legal description attached hereto LUZ2003-01001 From: Residential Low Medium and Residential Urban To: Recreation/Open Space 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 tile applicable requirements of the local Government Comprehensive Planning and Land Development Regulation Act, pursuant to S 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. Ordlllance No 711G-03 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 2 Ordinance No, 7116-03 LeA "L ~,,~ - 0 \ t:r~ \ Landusc Legal for Bayvic\v Park Parcell: 1\ portion of Tract A, l\fYRON 1\. St\fITH'S 13A YVIE\'V SUBDIVISION, according to the plat thereof recorded in Plat Book 25, page 57, Public Records of Pinellas County, Florida, in tlle South V2 of Fractional Section 16, Township 29 South, Range 16 East being further described as follows: Commence at the \'Vest 1f1 corncr of said Fractional Section 16 and run thence South 89027'56" East along thc East and \'V'est centerlinc of said Section 16, for a distance of 401.99 feet; thence South 00032'04" West, for a distance of 50.00 feet to a point on the aforesaid Tract A and the POINT OF BECiINNING; thence South 89027'56" East, 243,22 feet to a point on curve; thence 100.68 feet along the arc of a curve, concave Southerly through a central angle of 00045'36", a radius of 7591.44 feet and a chord bearing of South 87005' 12" East, 100,68 feet to a point of reverse curvamre; thence 135,23 feet along the arc of a curve, concave Northerly through a central angle of 00040'24", a radius of 11,507.16 feet and a chord bearing of South 87002'36" East, 135.23 feet; thence South 02037' 12" \'V'est (radial) for a distance of 5.00 feet; thence Soudl 87023'34" East for a distance of 5.01 feet; thence North 02035'42" East (radial) for a distance of 5.00 fcct; thence 10.53 feet along the arc of a curve, concave Northerly through a central angle of 00003'09", a radius of 11,507.16 feet and a chord bearing of South 87025'52" East, 10.53 feet; thence South 22030'54" East, 274.45 feet; thence South 67029'13.5" \'V'est, 351.74 fcet; thence North 21030'31" West, 191.95 feet; thence South 69034'59" \'V'est, 109.48 feet; thence North 21006'48" \X'est, 281.80 feet to the POINT OF BEGINNING. Parcel 2: Lots 2 and 3, Block 5, Rl~VISED MAP OF TOWN OF BAY VIE\V', according to the pb.t thereof recorded in Plat Book 6, page 23, public Records of I-lillsborough County, Florida, of which Pinellas County was formerly a part. Less and except that portion of the South 15 feet and the \Xlest 10 feet lying South of a line 330 feet South of and parallel to the East West cen terlinc of Section 16, Township 29 SOUtll, Range 16 East. Parcel 3: That portion of County Road 31 lying in Section 16, Township 29 South, Range 16 East, Pinellas County, Florida, as vacated by resolution No. 97-154 recorded in Official records Book 9762, page 1872, Public Records of Pinellas County, Florida, more particularly described a follows: Commence at the Northwest corner of that certain tract of land described in \X'arranty Deed recorded in Official Records Book 5879, page 1052, Public Records of Pinellas County, Florida, said Nortl1\vest corner being 37.97 feet \'V'est of the Northeast corner of Tract C of MYRON A. SMITH'S BAY VIE\'V' SUBDIVISION, as recorded in Plat Book 25, page 57, Public Records of Pinellas County, Florida and being a point on the Southerly right of way of County Road 31; thence along the Southerly right of way, North 67029'05" East, 138.99 feet to the POINT OF BEGINNING; thence North 21046'25" \V'est, 66.04 feet to a point on the Northerly right of way of said County Road 31; thence along said Northerly right of way, North 67029'05" East 251.74 feet; thence South 22030'55" East, 66.03 feet to point on the Southcrly right of way of said County Road 31; tllcnce along said Southerly right of way, SOUtll 67029'05" West, 259.60 feet to the POINT OF BEGINNING. Parcel 4: That part of Lots 1 and 4 of mock 5 of REVISED MAP or TO\'V'N OF BAY VIE\'V', according to tlle plat thereof recorded in Plat Book 6, page 23, Public Records of Hillsborough County, Florida, of which Pinellas County was formcrly a part, IF ANY, lying Easterly of the Easterly boundary of Lots 2 and 3 of said Dlock 5 and lying \'V'esterly of Tract A of MYRON A StvIITH'S 131\ Y VIEW SUBDIVISION, as recorded in Plat Book 25, page 57, Public records of Pinellas County, Florida. Less and except tlle South 15 feet. CAROLINA AVE ~ ~ IJ;Qg~S~~ (;>j P) ~:::. ~ <: -..J 'h17 ~ ex: q: ..... ~ o ~ Q ~ ~ ~ h C': - - - ~I C' '0 -:: f";: C"l :--. CG CG tx1 :b "< en -t <, ." 9 CG ~ ~ GULF- TO-SA Y BL VD "' tt.,. '.aU') ~ r"t ('I tt Ii g~ o t- O> GULF- TO-BA Y BL VD . . . . t!l C!J ; ::,:.:::,..,.:............~ ~ :.. '.... .ilJ l!.I : ':'0 Q j'.. :- -: [~~ ; j ~ ~ ~ I r Ql ,n . ~ :\): : :.: : . r:. \L . \\ ~ ~ ~ Fl r. f; '" g ., g RLM INS FUTURE LAND USE PLAN MAP Owner: City of Clearwater Case: lUZ2003-0 1 00 I Site: 3035 Gulf to Bay Boulevard Property 4.40 Acres Size(ACles) : land Use Zoning 16/29/16/83106/000/0100 PIN: 16/29/16/83106/000/0211 From: RLM/ RU R-4 (County) & MHP(City) 16/29/16/53892/005/0030 To: R/OS OSR Alias Page: 301A Onl i nance NO. 7116-03 ORDINANCE NO. 7117-03 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY REZONING CERTAIN PROPERTY LOCATED AT THE SOUTHWEST CORNER OF THE INTERSECTION OF GULF-TO-BAY BOULEVARD AND MCMULLEN-BOOTH ROAD, CONSISTING OF (1) A PORTION OF TRACT A, MYRON A, SMITH'S BAY VIEW SUBDIVISION IN THE SOUTH ONE-HALF OF FRACTIONAL SECTION 16, TOWNSHIP 29 SOUTH, RANGE 16 EAST, (2) A PORTION OF LOTS 2 AND 3, BLOCK 5, REVISED MAP OF TOWN OF BAY VIEW, (3) THAT PORTION OF VACATED COUNTY ROAD 31 IN SECTION 16, TOWNSHIP 29 SOUTH, RANGE 16 EAST, AND (4) A PORTION OF LOTS 1 AND 4 OF REVISED MAP OF TOWN OF BAY VIEW, WHOSE POST OFFICE ADDRESS IS 3035 GULF-TO-BA Y BOULEVARD, FROM MOBILE HOME PARK (MHP) AND ONE, TWO AND THREE FAMILY RESIDENTIAL (R-4) TO OPEN SPACE/RECREATION (OS/R); 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 legal description attached hereto From: Mobile Home Park (MHP) One, Two and Three Family Residential (R-4) To: Open Space/Recreation(OS/R) (LUZ2003-01 001) 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 7116-03, 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 Ordinance No. 7117-03 PASSED ON SECOND AND FINAL READING AND ADOPTED *' Approved as to form: .J .< ' Leslie K. Dougall- I es Assistant City Attorney Brian J, Aungst Mayor-Commissioner Attest: Cynthia E. Goudeau City Clerk 2 Ordinance No. 7117-03 Lt.A '- ~,,~ - 0 ' cro ~ .'-- Landusc Legal for Bayvic\v Park Parcel 1: A portion of Tract A, MYRON :\. Si\IITH'S BAYVIE\V SUBDIVISION, according to the plat thereof recorded in Plat Book 25, page 57, Public Records of Pindlas County, plorida, in the South 1,12 of Fractional Section 1 (), Township 29 South, Range 16 East being further described as follows: Commence at the \,\/est 1/4 corner of said Fractional Section 16 and nm thence South 89027'56" East along the East and \'\Iest centerline of said Section 16, for a distance of 401.99 feet; thence South 00032'04" \'\Iest, for a distance of 50.00 feet to :l point on the aforesaid Tract A and the POINT OF BEGINNING; thence South 89027'56" East, 243.22 feet to a point on curve; thence 100,68 feet along the arc of a curve, concave Southerly through a central angle of 00045'36", a radius of 7591.44 feet and a chord bearing of South 87005'12" East, 100.68 feet to a point of reverse curvanlre; thence 135.23 feet along the arc of a curve, concave Northerly through a cent.ral angle of 00040'24", a radius of 11,507.16 feet and a chord bearing of South 87002'36" East, 135.23 feet; thence SOllth 02037'12" \'\Iest (radial) for a distance of 5.00 feet; thence South 87023'34" East for a distance of 5.01 feet; thence North 02035'42" East (radial) for a distance of 5.00 feet; thence 10.53 feet along the arc of a curve, conC:l\'e Northerly through a cen tral angle of 00003'09", a radius of 11,507.16 feet and a chord bearing of South 87025'52" East, 10.53 feet; thence South 22030'54" East, 274.45 feet; thence South 67029'13.5" \,\lest, 351.74 feet; thence North 21030'31" \,\/est, 191.95 feet; ulCnce South 69034'59" \'\Iest, 109.48 feet; u1Cnce North 21006'48" \Vest, 281.80 feet to the POINT OF BEGINNING. Parcel 2: Lots 2 and 3, Block 5, REVISED MAP OF TOWN OF Bi\ Y VIE\\I, according to the plat ulereof recorded in Plat Book 6, page 23, public Records of Hillsborough County, Florida, of which Pinellas County was formerly a part. Less and except that portion of the South 15 feet and U1C West 10 feet. lying South of a line 330 feet South of and parallel to the East \'\Iest centerline of Section 16, Township 29 South, Range 16 East. Parcel 3: That portion of County Road 31 lying in Section 16, Township 29 South, Range 16 East, Pinellas County, Florida, as vacated by resolution No. 97-154 recorded in Official records Book 9762, page 1872, Public Records of Pinellas County, Florida, more particularly described a follows: Commence at the Northwest corner of that certain tract of land described in \\/arranty Deed recorded in Official Records Book 5879, page 1052, Public Records of Pincllas County, Florida, said Northwest corner being 37.97 feet \\lest of the Northeast corner of Tract C of .M\ltON 1\. SMITH'S BAY VIE\'\I SUBDIVISION, as recorded in Plat Book 25, page 57, Public Records of Pincllas Count)', Florida and being a point on the Southerly right of way of COUllty Road 31; thence along the Southerly right of way, North 67029'05" East, 138.99 feet to the POINT OF BEGINNING; thence North 21046'25" \'\/est, 66.04 feet to a point 011 the Northerly right of way of said County Road 31; thence along said Northerly right of way, North 67029'05" East 251.74 feet; thence South 22030'55" East, 66.03 fcet to point on the Southerly right of way of said County Road 3'1; thence along said Southerly right of wa)', South 67029'05" West, 259.60 feet to the POINT OF BEGINNIl\:G, Parcel 4: That part of Lots 1 and 4 of Block 5 of REVISED r.lAP OF TOWN OF 13A Y VIEW, according to the plat thereof recorded in Plat Book 6, page 23, Public Records of Hillsborough County, Florida, of which Pinellas County was formerly a part, IF ANY, lying Easterly of the Easterly boundary of Lots 2 and 3 of said Block 5 and lying \'\1esterly of Tract A of MYRON A. Sf\UTH'S BAY VIEW SUBDIVISION, as recorded in Plat Book 25, page 57, Public records of Pinellas Count.)', florida, Less and except t.he Sout.h 15 feet. 8 8 .., '" c '" Li\fDJ ~ 323 ., g 0 '"' q: ..,J .Wi ~ 0 tn 0 :b U1 "<: en :E N ..... 0 .. c-.., l..:q;. 0 t. g 0(', ("'IC'i ~ S! ("')0 00 .., ..,.., "" GULF- TO-SA Y SL VD ~ - ., c - c 0 ~ .., .... CAROLINA AVE .... ::-. ::-. .. '" :g .., C) 0: to-: o o [Xl ~ UJ ..,J :5 i3 ~ 417 I") t.. :". _ ~ ~g ~g g r... CO. - - - ::-t C> 0 0 f9l ~ ~ c i:C j' , . ~~ f , j : I I ' ;' i \ ~ \ '; , I ; i , , ' : t' ZONING MAP Owner: City of Clearwater Case: lUZ2003-01001 Site: 3035 Gulf to Bay Boulevard Property Size(Acres): 4.40 Acres land Use Zoning PIN: 16/29/16/83106/000/0100 16/29/16/83106/000/0211 16/29/16/53892/005/0030 To: R/OS R-4 (County) & MHP(City) OSR A tl~ PCl~le: -r i 301A From: RLM/ RU Ordinance No. 7117-03 - -::::: - .-41 ~,~. ru =-.. ~ ~AUl I- \ .--J ~ =::J r-9 ~ _. ~r 11 ~ I I -/( .~_~ IL lll~~L(J ~ r \ 0 .).V~'- /7 :::~y ,~/ r/[-:; ~~- /~ I ~~ \\ /~j) \~ ~ - - - '-- -- ~p LOCATION MAP Owner: City of Clearwater Case: I lUZ2003-0 1 00 I Site: 3035 Gulf to Bay Boulevard Property 4.40 Acres Size (Acres) : Land Use Zoning 16/29/16/83106/000/0100 PIN: 16/29/16/83106/000/0211 From: RLM/ RU R-4 (CountYl & MHP(Cityl 16/29/16/53892/005/0030 To: R/OS OSR I 301A Atlas Page: ! j ;H l ~, )~ .... ' I i,...i !q . r;.- , - , : ..,.. .II~". ; to ' , ~' . _ r Ij . .~ . G " " .~ ... . ..... ;\\ ~ ,F; ~ , j . . . . \ \ ~ ,. \. ..',.. 1 AERIAL PHOTOGRAPH Owner: City of Clearwater Case: LUZ2003-D 1 00 1 Site: 3035 Gulf to Bay Boulevard Property 4.40 Acres Size(Acres): Land Use Zoning 16/29 /16/83106/CXXJ/01 00 PIN: 16/29/16/83106/CXXJ/0211 From: RlM/ RU R-4 (County) & MHP(City) 16/29/16/53892/005/0030 To: R/OS OSR A tlas Page: 301A , I I - - . I ~ ~ - 'O..,J :1":1 CAROLINA A V~ ~ 117 '<'~ .. ~ I :3 - - :-} - -- ~ ~ ", ,-, "~, ", .., :::;; o Q I~ ~ I:E IP;" I OJ :b "'<: (I) -i C!!l?ce OJ!erll{qlit A ceo 111Jl1 otftllio IlJ1 ., '? ~, r. ~ , g Q ~ ~ GULF- TO-BA Y BL VD ........................ ., g :Re telztioJ1 Pond EXISTING SURROUNDING USES ,N<>I 10 leoS.. -Not 0 Surv.r. o a: ~ o o to ~ ..,J ..,J :::;, :E (.) :E Owner: City of Clearwater Case: LUZ2003-0 1 00 1 Site: 3035 Gulf to Bay Boulevard Property 4.40 Acres Size(Acres): Land Use Zoning 16/29/16/83106/000/0100 PIN: 16/29/16/83106/000/0211 From: RLM/ RU R-4 (County) & MHP(Cily) 16/29/16/53892/005/0030 To: R/OS OSR Atlas Page: 301A View looking southeast View looking north Site view from the north View looking southwest View looking west View looking cast City of Clearwater LUZ2003-01001 3035 Gulf to Bay Boulevard Second Reading ORDINANCE NO. 7119-03 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA. VACATING FIRST AVENUE WEST (FORMERLY EAST ROAD), FROM THE NORTHERLY RIGHT-OF-WAY LINE OF WOODLAWN AVENUE TO THE EASTERLY EXTENSION OF THE NORTH PROPERTY LINE OF LOT 20, BLOCK "0" OF BELLEAIR HIGHLANDS SUBDIVISION, SUBJECT TO A DRAINAGE AND UTILITY EASEMENT WHICH IS RETAINED OVER THE FULL WIDTH THEREOF; PROVIDING AN EFFECTIVE DATE. WHEREAS, Betty J. Horace and Henry D. Horace owner of real property located in the City of Clearwater, has requested that the City vacate the right-of-way depicted in Exhibit A attached hereto; and WHEREAS, the City Commission finds that said right-of-way is not necessary for municipal use and it is deemed to be in 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: First Avenue West (formerly East Road), from the northerly right-of-way line of Woodlawn Avenue to the easterly extension of the north property line of Lot 20, Block "0", Belleair Highlands Subdivision, as recorded in Plat Book 5, Page 98, Official Records of Pinellas County, Florida, subject to retention of a drainage and utility easement over the full width of the right-of-way to be vacated. is hereby vacated, closed and released, and the City of Clearwater releases all of its right, title and interest thereto (, except that the City of Clearwater hereby retains a drainage and utility easement over the described property for the installation and maintenance of any and all public utilities thereon]. Section 2. The City Clerk shall record this ordinance in the public records of Pinellas County, Florida, following adoption. Section 3. This ordinance shall take effect immediately upon adoption, 1"'\1 i~:iI.1ncr~. j.J{;. .711<.J ()~ / ~ PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Approved as to form: .--:---1 ,~ ,c~) ,/..' , )/ / ) / --- ' .. / "':......... / ,/ ,.,'., I / t/.~ If If \ ' !YC,:.... I ,/ 1\ . / / ~.- J3r:yan D~' Ruff ...../... '''/ / Assist6nt City Attorney ,/ I April 3. 2003 Brian J. Aungst Mayor-Commissioner Attest: Cynthia E. Goudeau City Clerk 2 Ordmance No 7119-03 EXHIBIT "A" Scale 7" = 50' Th/s /s not 0 survey ~ ~ "" .. ::; 0{ .., c:1 '" III 8i ... 8 I::! ~ 1 1 12 13 14 15 16 17 18 B ( 5 30 29 28 27 26 25 24 23 22 WOODLAWN STREET - ti ~ 44 ... 'i' ... 8 ';j .. ~ E .. ~ 9 II) _I a 't <..l o ... ::> :; " 5> " ~ lIi \ I CITY OF CLEARWATER, FLORIDA PUBLIC WORKS ADMINISTRATION ENGINEERING ca....., S.I<. DC"""" S.D. GA'" 02/27/0J Horace VA~OO~-OJ VACA TlON REOUEST M%l Right of way 2 Cf' 6 srct.,...fIH:J Lots 20 and 21 Block "0" 21-29.-15e Belleair Highlands PB 5 Pg 98 m;~3 31 JIl 1'~ Second Reading ORDINANCE NO 7105-03 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, MAKING Ar-.'lENDMENTS TO THE COMMUNITY DEVELOPMENT CODE; AtvlE1'.TDING ARTICLE 3, DEVELOPMENT STANDARDS, BY CREATING SECTION 3-918, PRIMA FACIE EVIDENCE OF CERTAIN USES IN RESIDENTIAL ZONING DISTRICTS; AMENDING ARTICLE S, DEFINITIONS AND RULES OF CONSTRUCTION, BY REVISING FOR CLARIFICATION PURPOSES THE DEFINITIONS OF DWELLING UNIT, OVERNIGHT ACCOMMODATIONS AND RESIDENTIAL USE; PROVIDING AN EFFECTIVE DATE. WHEREAS, the intent of each residential zoning district in the City of Clearwater is to protect and preserve the integrity and value of existing stable residential neighborhoods; and WHEREAS, a purpose of the City of Clearwater Community Dcvelopment Code is to preserve neighborhoods as evidenced by provisions of Section 1-103, Section 8-102 and provisions of Article 2 Zoning Districts regarding the intent and purpose of the residential zoning districts; and \VHEREAS, historically, the City of Clearwater Code of Ordinances has not permitted the short-teml rental of dwelling units in traditional residential neighborhoods; and WHEREAS, conflict occurs when such commcrcial uscs operate in residential neighborhoods; and \VHEREAS, the peace, safety and welfare of residents and owners in residential zoning districts may be detrimentally affected by short-term rentals; and WHEREAS, the City of Clearwater has received comments regarding the cxcessivc noise, noise at late hours, lack of parking for additional vehicles and litter accumulating in public areas generated by short-term rentals; and WHEREAS, the Clearwater Comprehensive Plan directs commercial land uses to be located at the intersection of arterial or collector streets and be sited in such a way as to minimize the intrusion of off-site impacts into residential neighborhoods; and WHEREAS, the Community Developmcnt Board, pursuant to its responsibilities as the Local Planning Agency, has reviewed this amendment, conducted a public hearing, considered all public testimony and has detennined that this amendment is consistent with the City of Clearwater's Comprehensive Plan; and WHEREAS, the City Commission has fully considered the recommendations of the Community Devclopmcnt Board and tcstimony submitted at its public hearing; now, thercfore, Ordinance No. 7105-03 BE IT ORDAINED BY THE CITY COMivIISSION OF THE CITY OF CLEAR WATER, FLORIDA: Section I. Article 3. Devclopmcnt Standards, Division 9, Gcneral Applicability Standards, is hcrcby amcnded by adding a ncw provision, Scction 3-918 as follows: Section 3-918. Prima Facic Evidencc of Certain Uses in Rcsidcntial Zoning District. Prima facic cvidence of certain uses locatcd in any residential zoning district, consisting of rentals for periods of less than thirty-one (31) days or one calendar month. whichevcr is less. and advertising or holding out to the public as a place rentcd for periods of less than thirty-one (31) days or one calendar month, whichever is Icss, shall include but not be limitcd to one or more ofthe following: a. Registration or licensing for short-ternl or transient rental use by the state under Florida Statutes, Chapters 212 (Florida Tax and Revenue Act) and 509 (Public Lodging Establishmcnts); b. Advertising or holding out a dwelling unit for tourist housing or vacation rental use; c. Reservations, booking arrangements or more than one signed lease, sublease, assignment or any other occupancy agreement for compensation, trade, or other legal consideration addressing or overlapping any period of less than thirty-one (31) days or one calendar month, whichever is less: or d. Use of an agent or other third person to make reservations or booking arran gements. Section 2. Article 8. Definitions and Rules of Construction, Section 8-102, Definitions, is hereby amended by revising the definition of dwelling unit as follows: Dwelling Unit means a building or portion of a building providing independent living facilities for one family including provision for living, sleeping, and complete kitchen facilities. A dwelling unit located in any residential zoning district shall be used only for a residential use, unless otherwisc specified. Section 3. Article 8, Definitions and Rules for Construction, Section 8-102, Definitions, is hereby amended by revising the dcfinition of ovemight accommodations as follows: O\'crnight accom1/lodations mcans any use that provides transicnt lodging accommodations to the public, including intcrval ownership, Allowable accessory llSCS shall bc intcgral to the nrincipal usc and Illay includc, but shall not 2 Ordinance No. 71 05-03 be limited to, offices, restaurants and retail provided such uses are integral to the primary use. building or portion thereof designed and used primarily to provide sleeping accommodations for transient guests for a daily or weekly rental charge and including interval ownership and such office, meeting, restaurant facilities as are integral to its primary function. Section 4. Article 8, Definitions and Rules for Constmction, Section 8-102, Definitions, is hereby amended by revising the definition of residential use as follows: e. Residential Use means a pern1anent place of residence for a family. A residential use located in any residential zoning district shall not include rentals for periods of less than thirty-one (31) days or one calendar month, whichever is less, or which is advertised or held out to the public as a place rented for periods of less than thirty (31) days or one calendar month, whichever is less. Section 5. Should any part or provision of this Ordinance be declared by a court of competent jurisdiction to be invalid, the same shall not affect the validity of the Ordinance as a whole, or any part thereof other than the part declared to be invalid. Section 6. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING April 3. 2001 PASSED ON SECOND AND FINAL READING AND ADOPTED Brian J. Aungst Mayor-Commissioner Approved as to fonn: Attest: i r ! I :'" _.' ( ..1. i ....~ " (.~ '\ M t I :. : .~', , ,,' Leslie K. Dougall-Sid~s Assistant City Attorney . ,/ }. I.. 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'l ','. : r.;session Item =: l.- ,;;>'\ =.r',al Agenda Item::: I CJ Meeting Date: 4/17103 SUBJECT/RECOMMENDATION: Approve an Agreement for Display of a \1\Iork of Art for the installation of a vinyl mural on the exterior of the Harborview Center as a project of the Outdoor Arts Foundation. Inc. IBl and that the appropriate officials be authorized to execute same. SUMMARY: · The City was approached by the Outdoor Arts Foundation with a request to consider the installation of a public art project (mural) on the south wall of the Harborview Center. . The vinyl mural is the first in a series of new community arts initiatives organized by The Outdoor Arts Foundation, a new not-for-profit organization, founded and directed by Jay Goulde, the founder and director of the Tampa Bay Tour of Turtles. . The painting is reproduced on a vinyl mesh material and will be attached to the south side of the Harborview Center by wire cables. . The mural will be on display for approximately two years. . The project is being sponsored by the Downtown Development Board. . The image, "Wild Waters", is a painting by Jim Warren. The artist. who lives in Clearwater, has his work in Wyland Galleries nationwide and in the collections of celebrities, corporations, and private citizens around the world. . The proposed mural was reviewed by the Clearwater Arts Foundation and has their support for this project. . The Outdoor Arts Foundation, Inc. will provide installation hardware and has requested the City to perform the installation process. . The project will be monitored by the Parks & Recreation Department. . A copy of the agreement is available for review in Official Records & Legislative Services, Reviewed by:_----. Legal (f;OI'"2,___ Budget NiA Purchasing N/A Risk Mgmt N/A Info Srvc N/A Public Works ~1 DCM/ACM // / , Other Originating Dept: Economic DeveJopme417 Reginald Owens, Director User Dept. Parks & Recreation Dept. Attachments: Costs Total N/A Current FY N/A Funding Source: CI op Othor Submitted by: -r:> fJ A J ! City Manager ~ ~ Work of Art o None Appropriation Code: None o Printed on recycled paper Rev. 2/98 TLt. } 5 AGREEMENT FOR DISPLAY OF A WORK OF ART THIS AGREEMENT is made and entered into this _ day of 2003, by and between the City OF CLEARWATER ("City"), Florida, a municipal corporation, located at 112 Osceola Avenue, Clearwater, Florida 33756-5103, (the "City") and the OUTDOOR ARTS FOUNDATION ("Foundation"), located at P.O. Box 323, Safety Harbor, Florida 34695-0323. WHEREAS, the City welcomes and encourages proposals for the display of art that enhance the community and complement its buildings, grounds, and natural features; and WHEREAS, the Foundation supports and encourages the arts through the display of artwork; and WHEREAS, it is the desire of City and Foundation to establish the terms and conditions under which a Work of Art shall be installed and displayed by the City. NOW, THEREFORE, in consideration of the premises and mutual covenants contained herein, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties to this Agreement agree as follows: ARTICLE 1. DEFINITIONS 1.1 Agreement - This document, Articles 1 through 14, and other terms and conditions which are included in the exhibits and documents that are expressly incorporated by reference, 1.2 Arlist - The creator of the Work of Art that is the subject of this Agreement. 1.3 Foundation - The Outdoor Arts Foundation, 1.4 City - The City Of Clearwater, Florida. 1,5 Site - A site deemed appropriate by the parties for placement of the Work of Art, located in Clearwater, Florida, 1.6 Work or Work of Art - Any Work of Art displayed under this Agreement. ARTICLE 2. SCOPE OF SERVICES 2.1 Work Described. The City has approved the display of a Work of Art ("Work"), under the terms herein, to be installed and attached to the Harborview Center, Clearwater, Florida (the "Site"). The Work consists of a 32' by 48' reproduction of a painting originally created by Jim Warren, which will be displayed on the south side of the Harborview Center. The Foundation, through its independent agreement with the Artist, has determined the artistic expression, scope, size, material, texture, color, location and method of fabrication of the Work which has been reviewed and accepted by the City as shown in Exhibit "A" 2.2 City Responsibilities. The Foundation agrees to deliver the Artwork to the City at City Hall. The City agrees to then transport the Artwork to the Site, using the City's own personnel and equipment, and place the same for display on the south side of the building in accordance with the specifications provided by the Foundation, and detailed in Exhibit "B", attached hereto and made a part hereof. The City reserves the right to refuse installation and display of the Artwork if the specifications so provided do not, in the City's sole discretion, meet minimum requirements guaranteeing the safety of its employees or the public. 2.3 Foundation Responsibilities. Foundation shall furnish any necessary engineering review, specifications, designs, structural support, materials and hardware 2 ii. a written warranty pursuant to this Agreement. 3.3 Display of Arlwork. During the term, as provided for herein, the City shall display the Artwork for public viewing without charge or any admission or similar fee. The City reserves the right to refuse to display or remove the Artwork, if in the city's sole discretion, the Artwork constitutes a distraction or danger to the public, or degrades the functionality or structural integrity of the Site. In any event the Site or property surrounding the Site become damaged, compromised, or suffer a hazardous condition as a result of the display, as determined by the City in its sole discretion, the City may immediately remove Artwork using its own resources. The Foundation shall be responsible for and any and all damage to the structure, property or Site caused as a result of the installation, display or removal of the Artwork. ARTICLE 4. TIME OF PERFORMANCE 4.1 Time of Performance Described. Work of Art shall be completed and available for display by the date indicated in this Agreement, or the City, at its sole discretion, reserves the right to terminate this Agreement and refuse to display the Work as provided for herein. 4.4 Failure to Fulfill Obliaations. Except as otherwise provided herein, failure to fulfill obligations due to conditions beyond either party's reasonable control will not be considered a breach of contract provided that such obligations shall be suspended only for the duration of such conditions. 4 ARTICLE 5. GENERAL CONDITIONS 5.1 Incapacitv of Foundation. In the event of the dissolution or other incapacitating event of Foundation to the extent it is unable to proceed with the Work in accordance with the Agreement, this Agreement shall become null and void and the parties hereto shall be relieved of any and all duties and obligations hereunder. 5.2 Publicitv and News Releases. The City shall be included in all public relations and marketing efforts associated with the Work. The Foundation shall not, during the performance of this Agreement, disseminate publicity or news releases regarding the Work without prior written approval of City. ARTICLE 6. WARRANTIES 6.1 Warranty of Qualitv. The Foundation warrants that the Work shall be free of defects in material and workmanship and that the Foundation shall correct any such defects which appear during display, at the Foundation's expense. ARTICLE 7. TITLE AND COPYRIGHT 7.1 Title. Title to the Work shall remain in the Artist, its successors or assigns, but at no time shall title pass to the City as a result of the agreement to display as described herein. The Work of Art shall remain the sole property of the Artist, its successors or assigns, including, but not limited to, copyrights under the Copyright Act of 1976,17 U.S.C. SS 101 et. seq., as amended, or any and all rights provided for by the Visual Artist's Rights Act of 1990 (Section 106A of the United States Copyright Act; as amended, unless 5 otherwise granted by the Artist to any other party. All future decisions regarding the use and continued ownership of such property will be within the sole and unconditional discretion of the Artist, its successors or assigns. ARTICLE 8. RISK OF LOSS AND INSURANCE 8.1 Risk of Loss. The risk of loss or damage to the Work shall be borne by the Foundation at all times, and the Foundation shall take such measures as are necessary to protect the Work from loss or damage. 8.2 Damaae to Work. Should the Work be damaged in any way. the City shall not have any liability or responsibility for the replacement or repair of the Work. 8,3 Insurance. The Foundation acknowledges the value of the Artwork is Twenty- Four Hundred Dollars ($2,400). The Foundation acknowledges that the City will not provide any insurance coverage for the Artwork while the Artwork is in the possession or custody of the City pursuant to the terms hereof. The Foundation waives any and all subrogation rights against the City for any damage to, destruction of. theft of, loss of, or other casualty to the Artwork while the Artwork is in the possession or custody of the City pursuant to the terms hereof. ARTICLE 9. INDEMNIFICATION AND RELEASE 9.1 Indemnification. Foundation agrees to indemnify and hold free and harmless, assume legal liability for and defend the City and its officers, employees, agents, and servants, whether they are current or former, from and against any and all actions, claims, liabilities, assertions of I!ability, losses, costs and expenses, in law or in equity, including 6 but not limited to attorneys' fees at trial and appellate levels, reasonable investigative and discovery costs, court costs, or claims for bodily injury or death of persons and for loss of or damage to property, of every kind and nature whatsoever, which in any manner directly or indirectly may arise or be alleged to have arisen, or resulted or alleged to have resulted from the negligent acts or omissions or other wrongful conduct of or the infringement of any copyright by the Foundation and/or its subcontractors, employees, and agents in connection with Foundation's performance pursuant to this Agreement. 9.3 Notice. The parties each agree to give the other party prompt notice, as provided for herein (13.1), of any claim coming to its knowledge that in any way directly or indirectly affects the other party. 9.4 Release. The Foundation represents that no third party will perform, fulfill, or in any other way be involved in the performance of the Foundation's obligations hereunder, and the Foundation does hereby release, remise, satisfy, quit claim and forever discharge the City from any and all actions, claims and demands that Foundation ever had, now has or may have or that any person claiming through the Foundation may have against the City as a result of, arising out of or in connection with this Agreement except those directly resulting from a breach of this Agreement by City. ARTICLE 10. MAINTENANCE, RESTORATION AND REMOVAL 10.4 Alteration of the Work. The City agrees that it will not intentionally alter, modify or change the Work. 10.5 Removal of Work. The City and the Foundation have the right to provide for the removal the Work from the Site for any reason with thirty (30) days written notice to the 7 f.~~7,~.,,<;.'t~~..~.::t~~;.i";"I'" ~", 'l~~~~~./~&c~~~' {j' ~~;~~7.~\'~i~\", 0i"~1'\;U."'\o~~' \ ?,r~.. .~.r.\ ':; .'~":~~1;,:~~.;.~'t~::~~i\', ::>'~~" ~./~:i-::(f :r. -'-'''w -. ' ,':;':,'" ';..;' :,'~, " . ROLL NO. \ \. \. \ ii. a written warranty pursuant to this Agreement. 3.3 Displav of Artwork. During the term, as provided for herein, the City shall display the Artwork for public viewing without charge or any admission or similar fee. The City reserves the right to refuse to display or remove the Artwork, if in the city's sole discretion, the Artwork constitutes a distraction or danger to the public, or degrades the functionality or structural integrity of the Site. In any event the Site or property surrounding the Site become damaged, compromised, or suffer a hazardous condition as a result of the display, as determined by the City in its sole discretion, the City may immediately remove Artwork using its own resources. The Foundation shall be responsible for and any and all damage to the structure, property or Site caused as a result of the installation, display or removal of the Artwork. ARTICLE 4. TIME OF PERFORMANCE 4.1 Time of Performance Described. Work of Art shall be completed and available for display by the date indicated in this Agreement, or the City, at its sole discretion, reserves the right to terminate this Agreement and refuse to display the Work as provided for herein. 4.4 Failure to Fulfill Obliqations. Except as otherwise provided herein, failure to fulfill obligations due to conditions beyond either party's reasonable control will not be considered a breach of contract provided that such obligations shall be suspended only for the duration of such conditions. 4 ARTICLE 5. GENERAL CONDITIONS 5.1 Incapacity of Foundation. In the event of the dissolution or other incapacitating event of Foundation to the extent it is unable to proceed with the Work in accordance with the Agreement, this Agreement shall become null and void and the parties hereto shall be relieved of any and all duties and obligations hereunder. 5.2 Publicity and News Releases. The City shall be included in all public relations and marketing efforts associated with the Work. The Foundation shall not, during the performance of this Agreement. disseminate publicity or news releases regarding the Work without prior written approval of City. ARTICLE 6. WARRANTIES 6.1 Warranty of Quality. The Foundation warrants that the Work shall be free of defects in material and workmanship and that the Foundation shall correct any such defects which appear during display, at the Foundation's expense. ARTICLE 7. TITLE AND COPYRIGHT 7.1 Title. Title to the Work shall remain in the Artist, its successors or assigns, but at no time shall title pass to the City as a result of the agreement to display as described herein. The Work of Art shall remain the sole property of the Artist, its successors or assigns, including, but not limited to, copyrights under the Copyright Act of 1976,17 U.S.C. 99 101 et. seq., as amended, or any and all rights provided for by the Visual Artist's Rights Act of 1990 (Section 106A of the United States Copyright Act; as amended, unless 5 otherwise granted by the Artist to any other party. All future decisions regarding the use and continued ownership of such property will be within the sole and unconditional discretion of the Artist, its successors or assigns. ARTICLE 8. RISK OF LOSS AND INSURANCE 8.1 Risk of Loss, The risk of loss or damage to the Work shall be borne by the Foundation at all times, and the Foundation shall take such measures as are necessary to protect the Work from loss or damage. 8.2 Damaqe to Work. Should the Work be damaged in any way. the City shall not have any liability or responsibility for the replacement or repair of the Work. 8.3 Insurance. The Foundation acknowledges the value of the Artwork is Twenty- Four Hundred Dollars ($2,400). The Foundation acknowledges that the City will not provide any insurance coverage for the Artwork while the Artwork is in the possession or custody of the City pursuant to the terms hereof. The Foundation waives any and all subrogation rights against the City for any damage to, destruction of, theft of, loss of. or other casualty to the Artwork while the Artwork is in the possession or custody of the City pursuant to the terms hereof. ARTICLE 9. INDEMNIFICATION AND RELEASE 9.1 Indemnification. Foundation agrees to indemnify and hold free and harmless, assume legal liability for and defend the City and its officers. employees, agents, and servants, whether they are current or former, from and against any and all actions, claims. liabilities, assertions of liability. losses, costs and expenses, in law or in equity, including 6 but not limited to attorneys' fees at trial and appellate levels, reasonable investigative and discovery costs, court costs, or claims for bodily injury or death of persons and for loss of or damage to property, of every kind and nature whatsoever, which in any manner directly or indirectly may arise or be alleged to have arisen, or resulted or alleged to have resulted from the negligent acts or omissions or other wrongful conduct of or the infringement of any copyright by the Foundation and/or its subcontractors, employees, and agents in connection with Foundation's performance pursuant to this Agreement. 9.3 Notice. The parties each agree to give the other party prompt notice, as provided for herein (13.1), of any claim coming to its knowledge that in any way directly or indirectly affects the other party. 9.4 Release. The Foundation represents that no third party will perform, fulfill, or in any other way be involved in the performance of the Foundation's obligations hereunder, and the Foundation does hereby release, remise, satisfy, quit claim and forever discharge the City from any and all actions, claims and demands that Foundation ever had, now has or may have or that any person claiming through the Foundation may have against the City as a result of, arising out of or in connection with this Agreement except those directly resulting from a breach of this Agreement by City. ARTICLE 10. MAINTENANCE, RESTORATION AND REMOVAL 10.4 Alteration of the Work. The City agrees that it will not intentionally alter, modify or change the Work. 10.5 Removal of Work. The City and the Foundation have the right to provide for the removal the Work from the Site for any reason with thirty (30) days written notice to the 7 other party, as provided for herein. 10,7 Notice to Foundation for Removal of Work. City will notify the Foundation of any proposed action to remove the Work from the Site. In the event the Foundation fails, within thirty (30) days of receipt of such notice to participate in the planning for the removal of the Work, City shall have the right to proceed with the removal of the Work. Thereafter, the City shall hand deliver the Work or return via certified mail to the address provided herein for notice. In the event that the City determines, in its sole discretion, that the Work has caused a hazardous condition, the City may remove the Work without notice to the Foundation. ARTICLE 11. DEFAULT AND TERMINATION 11.1 Default Defined. The failure of either party to comply with any provisions of this Agreement shall place that party in default. 11.2 Default,. Notice of Termination. Either party shall have the right to terminate this Agreement with thirty (30) days prior notice, except as otherwise provided herein, and the non-defaulting party shall notify the defaulting party in writing stating specifically the provisions which are alleged to give rise to the default. 11.3 Default bv Foundation. If the City terminates this Agreement pursuant to this Article before final acceptance of the Work by the City, Foundation shall forfeit any rights under this Agreement. 11.4 Default bv City. If the Foundation terminates this Agreement pursuant to this Article, the City shall forfeit any rights provided by this Agreement. 11.5 Waiver. The failure of either party to exercise this right shall not be construed 8 as a waiver to such a right. ARTICLE 12. SPECIAL CONDITIONS 12.1 None. ARTICLE 13. NOTICE TO PARTIES 13.1 Notice of Documents. All notices required under the terms of this Agreement shall be sent to the following: If to City: If to Foundation: William B. Horne, II City Manager City OF Clearwater P.O. Box 4748 Clearwater, FL 33756-5103 Jason Goulde Executive Director Outdoor Arts Foundation P.O. Box 323 Safety Harbor, FL 34695-0323 13.2 Chanqe of address. Notice of change of address of Foundation may be made by sending notice that specifically and clearly identifies this Agreement by certified mail to the address provided herein for the City with a copy to the City Clerk and the City Attorney's Office. 13.3 Failure to Notifv City of Chanqe of Address. If Foundation fails to notify City of change of address, the Foundation waives all rights that are granted in this Agreement that require notice. ARTICLE 14. MISCELLANEOUS 14.1 Entiretv of Aareement. This writing embodies the entire agreement and 9 . 'inrnll'"" 7.~::~~~-:"~~.' ':":n:;!..f.";.;~; > ~. '; . l~~}~' ~1'1i~~~~ .~' ..fj:f.p~}i~*:;:.\~.;.:~', 01\"'" .~~.:, ...\~:r~.(~.r.'l':' " .. ~ 'I"~''''l ~1,'t. Il:. ~Ow'.;.!frlf',,~, I.;:;" :'.. .,., f.' ':,i "01 t'l" ,.: "~;:~~.~~{'r./!:~~4~~~~~:,~, ...... ~,~ ":""~ "J' '. . .. ....,' t..::; ~ :.<~t. '. ROLL NO. \ " .\- \ as a waiver to such a right. ARTICLE 12. SPECIAL CONDITIONS 12.1 None. ARTICLE 13. NOTICE TO PARTIES 13.1 Notice of Documents. All notices required under the terms of this Agreement shall be sent to the following: If to City: If to Foundation: William B. Horne, II City Manager City OF Clearwater P.O. Box 4748 Clearwater, FL 33756-5103 Jason Goulde Executive Director Outdoor Arts Foundation P.O. Box 323 Safety Harbor, FL 34695-0323 13.2 Chanae of address. Notice of change of address of Foundation may be made by sending notice that specifically and clearly identifies this Agreement by certified mail to the address provided herein for the City with a copy to the City Clerk and the City Attorney's Office. 13.3 Failure to Notifv City of Chanoe of Address. If Foundation fails to notify City of change of address, the Foundation waives all rights that are granted in this Agreement that require notice. ARTICLE 14. MISCELLANEOUS 14.1 Entiretv of Aareement. This writing embodies the entire. agreement and 9 understanding between the parties hereto, and there are no other agreements and understandings, oral or written, with reference to the subject matter hereof that are not merged herein and superseded hereby. No alteration, change, or modification of the terms of the Agreement shall be valid unless made in writing and signed by both parties hereto. 14.2 Survivinq Covenants. The covenants and obligations set forth in this Agreement shall survive the delivery, installation, and removal of the Work and shall be binding upon the parties, his heirs, legatees, executors, administrators, assigns, transferees, and all his successors in interest. 14,3 Severability, If any provision of this Agreement is contrary to, prohibited by, or deemed invalid by applicable laws or regulations of any jurisdiction in which it is sought to be enforced, then such provision shall be deemed inapplicable and omitted, but such omissions shall not invalidate the remaining provisions of this Agreement. 14.4 Captions, The captions are inserted only as a matter of convenience and for reference, and in no way define, limit, nor describe the scope of this Agreement, nor the intent or content of any provision contained herein. 14.5 Waiver. No waiver of any provision of this Agreement or any breach thereof shall be construed as a continuing waiver or shall constitute a waiver of any other provision or breach. 14.6 Law and Forum. This Agreement shall be construed under the laws of the State of Florida, and any action arising hereunder shall be brought in Pinellas County, Florida, or, if in Federal Court, the Middle District of Florida, Tampa Division. 14.7 Construction. Should any provision of this Agreement require judicial 10 interpretation, the court interpreting or construing the same shall not construe it against one party more strictly by reason of the rule of interpretation that a document is to be construed more strictly against the party who itself or through its agents prepared the same, as each party has participated in the preparation of this Agreement and each party consulted with independent legal counsel of its own selection or waived its right to do so prior to the execution of this Agreement. 14.9 Incorporation bv Reference. Exhibit A, Exhibit "B", Warranty, Agreement of Inspection and Approval of Installation, are upon their execution by a party to this Agreement incorporated into and made a part of this Agreement. 14.10 Further Assurances. The parties shall promptly execute all documents reasonably required and take such other steps in addition to the execution of this Agreement to effectuate the intent and purpose of this Agreement. 11 IN WITNESS WHEREOF, the parties hereto have executed these presents for the purposes herein expressed. FOUNDATION: r' ,- /t ._ 1 .... , /' '.1 - 'e\l. ~\j rt)~(. ~L f:\\"-l''') 1c:.. \J'~/Z. "..J (' /tson Gjae, Executive Director !', JSTAT~,OF FLORIDA ) .' COUNTY OF PINELLAS ) . i ,(~ ~ . The foregoing in~ument wa\ acknowledged before me this L day of '- ~/\, ~ ,2003, by ~o~ r:rju~ ,:'\_" I who is personally known to me or who ha 'produced as identific io nd who did not take an oath. NOTARY PUBLIC: Sign Print State of Florida My Commission No.: ) ;'''---''' G) ANNEJ.GREEN MY COMMISSION -' DO 119437 EXPIRES: May 20, 2006 1-8JO.3-NOT AAY FL """_ ,,_, . '--, -..C8.. Bonding, Inc. Countersigned: CITY OF CLEARWATER, FLORIDA By: Brian J. Aungst Mayor-Commissioner William B. Horne City Manager Approved as to form: Attest: ~~&~r; Laura Lipowsk Assistant City Attorney Cynthia E. Goudeau City Clerk 12 Exhibit "A" To include: Description/drawing of work Construction drawing Technical specs Installation I Display Specs Patent, trademark, copyright info 13 Exhibit "B" I nstallation Specifications . WARRANTY The Outdoor Arts Foundation ("Foundation") hereby warrants the work of art titled, "Wild Waters" to be free from defects in materials or workmanship from the date of installation up to and including the time of removal (the "Period"), Foundation shall immediately correct any such defects that appear during the Period at Foundation's own cost and expense. This warranty is in addition to all other warranties, statutory or otherwise, express or implied, all other representations to the City and all other obligations or liabilities with respect to such work of art including implied warranties of merchantability and fitness. IN WITNESS WHEREOF, Foundation has hereunto set his hand and seal thiSY() day of ~\ C'~"': ~ , 2003. l~-" I );.... ..... !'. .)' r . J .'- ,./--:i I 'f~'.' 0L.1()J\'~~ f\tI-/) 1'......'1., ..I.' (/-' J :son G<)lJlde, Executive Director utdoo( Arts Foundation ,,' STATE OF FLORIDA ) COUNTY OF PINELLAS ) /', '. The foregoing instr.ument was acknowledged before me this 3i1li day of l\r t J) I 2003, by -f;<"f (.1,1 LO c\)(p' ,Executive Director, Outdoor Arts Foundation~s personally(,kno..wn to me or who has produced as identification and who did not take an oath. NOTARY PUBLIC: Sign (1. /~ A' _..~~.., /,C 1J1 .- I.' I. P . t \ . . '\ \._-' ' nnt"\h\" '..._ -'_', (~. 'I '.i 1.1,1.'\ - , State of Florida My Commission No.: ~ I~ ~} ANNE J. GREEN 00 MY COMMISSION # DO 119437 EXPlRES- 1.10 20 ( '-<<l.'\~NOTARY Ft. . Y ,2006 -- - NolNy s...-.,w & Rnn-<.. _ ( -~y.lnc , ~ AGREEMENT FOR INSPECTION AND APPROVAL OF INSTAllATION "Wild Waters" The Outdoor Arts Foundation ("Foundation") has contracted to display the work of art entitled "Wild Waters" ("Work") to be displayed at Harborview Center, Clearwater, Florida, in a manner that meets all the requirements of the Display of a Work of Art Agreement between the Outdoor Arts Foundation, and the City of Clearwater ("City"), dated , 2003. In consideration of assuming all legal liability related to the Work's installation, display and removal as provided for in this Agreement, including but not limited to section 9.1, the Foundation hereby affirms that the Foundation has acquired engineering specifications and guidelines for the proper and safe installation, display and removal of the Work, and in accordance with such, has performed all appropriate inspections related to the soundness of the installation process, The Foundation represents that the Work, in light of the nature of the Work and the Site on which it has been installed, is safe and sound for display. DATE: OUTDOOR ARTS FOUNDATION ITEM # It, . Final Agenda Item # ~TI i0 Cleal"\\'ater City Commission Agenda Cover ~lemorandLlm 'Norksession Item #: Meeting Date: 04/17/03 SUBJECT/RECOMMENDATION: Award a contract to Sprint, Ch,ulotte, NC in an amount not to exceed $47,500 for the purchase of Sprint Call Accounting and Voicemail system in accordance with Sec. 2.564 (1)(d), Code of Ordinances, Florida State Contract, Contract # 730-650-99-1: lEI and that the appropriate officials be authorized to execute same. SUMMARY: . The City's current cdll ,lccounting system b no longer supportt'd by tlw l11anuidcturer, Moscom. The system requires repldcement in order to support upcoming Librdry implerm'nt,lIion. dS well .IS <'lny juture additions to the PBX network. Systelll cost including labor will be S 15,000. . Current Voicemail systl:'lll supports .III lIsprs at "\"58, "'ain Police Station, Main Fire Stdtion, City Hall, Gas Admin, Solid Waste, Public Utilities, Public 'Norks, Generdl Services, and Countryside Police Department. These locations comprise dpproximtltely 1300 llltlilboxes, 85 auto-attendants, ,md 150 voice announcement services. . In rpcenl months, till' voin'llldil system has experiencC'd nwrnory problems and soitware corruption due to the memory space c"padty. Tlw current system WdS purchased 7 years dgO. . The mdnujacturer oi the current voicemail system .IS well as the proposed new voicernail system is Nortel. Nortel is currently ofjering tln incentive program to migrate to the new voicemail platform, Call Pilot. The cost savings ior taking advantJge of this migration progralll would 1)(' approximately S 110,000. . In order to take adv<mtage oj this incentive progrdm, the VoicemJil system must be replJced prior May 20, 2003. . All work dssociated with implementing the new Call Accounting and Voicemail system will be perjormed by Sprint in cooperation with the City's Telecommunications division. System cost including labor will be $32,000 . Sprint Telephone has State Contract pricing jor all Nortel equipment. . A Il1ld-year budget amendment will provide funding for this contract with the transfer oi 547,500 oj retained earnings from the Administrative Services Fund to the Information Technology operating budget. Reviewed by: \/lI:Ln Legal fL.,L;tf Budget ~ Purchasing ~ Risk Mgmt Finance Info Srvc ~ Public Works DCM/ACM Other Origin . Informatio User De . Information Attachments: Costs Total $47,500 gy Current FY $47,500 Funding Source: CIP OP X Other N/A ,..-' ...~ ,U...-~. - ~- 555-09862-564300-519-000 o None Rev. 3/98 \ i,.' \ i aTM SERVER/CLIENT PC REQUIREMENTS Provide Server and Client PC's which meet the following minimum requirements: For the server (must be dedicated): Pentium II Processor or higher with a minimum clock speed of 400MHz 1000MB free space on hard drive plus customer's data storage requirement 256MB RAM SVGA color monitor and interface card (BOO x 600 resolution or greater) 3-1/2 inch 1.44 floppy disk drive CD-ROM drive NIC (2 required if PC is accessed via LAN) 56Kbps Hayes compatible modem PC COM port with 16550 UART Serial port for direct connection to PBX Parrallel printer port Windows compatible mouse Operating Systems supported: Windows NT 4.0 Server OS or Windows 2000 Server OS For each client: Pentium II Processor or higher with a minimum clock speed of 200MHz 500MB free space on hard drive plus customer's data storage requirement 64MB RAM SVGA color monitor and interface card (BOO x 600 resolution or greater) 3-1/2 inch 1.44 floppy disk drive CD-ROM drive NIC 56Kbps Hayes compatible modem PC COM port with 16550 UART Serial port for direct connection to PBX Parrallel printer port Windows compatible mouse Windows NT 4.0 Workstation OS, Windows 2000 Professional OS. Win 95 OS. or Win 98 OS -A-S · ----.. vrm t. Proposal Price Sheet City of Clearwater OTM Billing.JCE March 21, 2003 until May 20. 2003 Customer: CllY '" Clearwater 100 S. '.\yrtle Ave. Pricing is Valid From: clear...aler. Fla.34618 Description 01 Work to be Performed: instal! new OTM 2 0 application wltn bill<r ~ software to r.?;:lace custcrr:er s existing ana outdated /lloscom Call AccountJng p'atform. on.1 Bdling software provisioned tor 1000 billing Rus ana 3 client Ilcer.ses tor 2 des,to;: admln personnel and 1 laptop tor remote a=cess 2 MB I::> butter box previsioned for rumber of possIble COR records expectN With contlgur;:-a RU size. Laver to Install on.1 billing application Or) wstomer prov.jed server, I~stall PC clients. test and train user personnel on how to adm,r.,ster the syste". Customer must provide server and client PCs per Spnnt provided spe-e;f1cations Unit Price Extended Price --~~1:31_ L _ .______ _35z.:~_'_ 357.31! 1.071.93 _ 9j3;_~:i_L ~-_ __ _~~-=-__-~~-_913.:~)~ 527.88 i 1.583 &l 2,692,93 r- -- - ---- -----.2:692~93- - 99600 I - U -- ---996,00- -;i'.i1-0j7T .. --- --'2,710:37 .---- ..-- .----.n--rn.------~.-----u-.-- ____~:-~ __-:-~___-=-:~..-:.:=~_==:.:=~~~=_=:~-=i:===-_~__ _ ~:-_'38.33 1____ ____ _===-=-~-_:)3f3i . I . ___ .o__.. n:::--=-~.:::==:-~=--=._ .:-__:_~=_-- ______---.=:~~[=- ~_-=-_- :~::_:_~:_:=== . .... .;..P:~ ..___ . _ - -. ..___:;~-~:~~:_~~=__~==~.~J~__=~~=~~~E . 1 . ....- .- ------. ------.. .--.-.-. ..-.- ---. ----- .---. .-.-. ...-.-..'--.-- - -. ---- -.-------- -.- -------.--...---... - ---. .---. -- -.- I ..':-.~-.-~.~=~:=~_~:=_~~~;=~=~~~=~~:=- ~~~~~--;;=~~~~-~-L-~~-. ~-~.~--~~:-_~~-=~:-~~:~~-~:~~:_-~~~~_~-~:~. -~~_~~_~~_:~~~=_~~-~=~~~:~~-~_ _[_~-_~~-~=-~~~=~=~~~ I :=~.. :- - -. -~=:=: -==::.-:~~~==--::.::.:~~:=- ~ = ~ --:.---- -:_-::.:~:.::=-=:=:::::.-=-~:.::-=- -=: ':::':-::~-=-:=:':-~-::'=---=-~=-=::~--=:-._-=~=~= :::=~: F=~= :.::-::.:::::===--=-~: ~-.~~~.~~~~~:=~~~~~~--:~-=~-==~~-=: -- ---==- =-~= :=-~- - -~~~=~~-.--~==--:::-- -.~i~====:---.-_=~~~=-:. --=~=~=~~ -~.~:~:J==-- -~~: -::. -------=-:-= .-.-----.- --.- .-- ----------.--.-----------.------------ - --.-. --.--.-----,---.-------.---..--.--- --~-_._...-=.._.j ---- - ----. --...-..------.- : _h. __. __n_. _ _____._____ __'_'_ -___._______..___.. __ __ . - .________.__..__ _______. -___._.____.___ :__L._____..._____:.... ---'.'--- ..----.-.----. -..-.-.. - --.-. -.:--j-..----- -----.--..--.-----. -----------.---...-.--. - - ----------:-1--.---.---.---.- -....-... -.---- ~ --=~---- :'--: ---~:~~=~.~~-=- -"~-~--~~--~-::::.:-=~~:=-~~~=~==-~~~~=~ ---:::::- --~=~~- --~::.- - - :-~=~- -~-===~~=:~ - -~_:::::-:::~=:~l=-~=~~::::'=~=--=:~ ~~- --- -.. --...--.----.------.-.--..--...--.---.---.----.----.---- ..-'----.....--.-----j--.-----.-:-----------.----:- --.---.-----.--:.- Part Number NTTL01AO NTTL1.9AA NTTL05CA. NTTL06GA NTrL06BA SVOOO397 NTZK52KA -. ,..." Description OTI.1 2.0 GEN. SER L1C. 50 SET an.i AOOTl:c;LIENT FOR ipc anXSILLING GEt.iERAL 50 RU aIM BILLiNG GENERAL-50 RU EXPA . 6I~lB1LLlNGGENERAL1000 RUEx -_ ---oTP.I SE.BvfCERA l:E TABLES .MOR __ _ _.'~!0f3_2Q<lOE COR UNIT _IP cat.l!.1. 2M (;jua!1Uty __.._..._ _.._.__._____. _~____~_.___n_ __ _ 1 - ..-- --------~-------_._--------- .-., 3 1 _. ~11s.c:.el1aneo_us Malen.ill._ .. . . , . .... -- --.....----.--...-.-.--.. --.--.-.--.-....-.---.- .-----------r-.------.----..------..-- ---------.- --- ---------- _~_,._ __._______.________.~_~__ __. ____ _......_____.__.___ _~__,___~____.__._~_.__~__________._____._.o_____o__ .__.__ ~....~._.___________ , ~ !. 4 _____.. ___ ---._--.~~---.--._-- _.________________~._~____,___o______.. -. --o-.--.--.-t---,.-.-.--~-- -..,.-- ;~~- -.. .. ..~~~~l~~-~~ .~~-_l~V~~ ~~..~~- :~-<~.~~~::_-F~=~~~=V---<;-=~i~ ..-..-.. .. --- - -- :.- . .--- -- -....--. -- -..----- -..--- -. -~_:..-_. .----=_._:_:--.:.-. .-_1'. -.~..- - -- - --.::-- ~ -:-::- -=-=~ __ _.._ _. __....____~___________.,.."_____.__..____.___ ____ .___< ._ _,. 0,1__ .__._____ __ ___ '_""_______'_' _. __ no... ".._ SUBTOTAL: GROSS MATERIAL PRICE .............................................................................,..................,. $ SUBTOTAL: DISCOUNT .....,..,.......... ....,..........,..........,........,....."....... ...................,...,..................,........ $ NET MATERIAL PRICE ...........................,..... ......... ........... ................,........,.......................................... S LABOR '" ........,....... ......... ......,................... ...............,..................... ...... ........... _.. .........,...............,...... S SHIPPING ,......................"..,.... ..........,............. ............... ................,..... ................. ...........................,. S TOTAL PRICE ...................... ,...............................................................,................... .............,.............. S 10,464.34 10,464.34 3.061.32 13.525.66 CONFlDENTIAl PRICING Page 1 011 ~~ Sprint. Pricing Is Valid From: Description of Work to be Performed: Part Number -.. . .._--.-. NTUB24AC /ljTZE4006 NTZE4001 NTZE81AC NTZE53M NTZE39AB NTZE30AB 599SL 1.1 t>jTUB74M NTZE53DA . NTZE53CA NTZE11HA NTUB16AB NTUB56M NTRH9069 NTRH9017 - ..."- . A0645811 NTZE29AC NTUB81A~ . ,- ---- - - ... -t ~_u Customer: City of Cleal'\vater 100 S. r,I:.r1le Ave. Proposal Price Sheet City of Clearwater M Mail to CallPilot migration.JCE March 21, 2003 until May 20,2003 Cleam ater. Fla.3461 8 Extended Price ..36.10 22,248.16 899.17 1 ,4~6}! 214.14 428~2-8- ._ _._:1:ll?~9.j 214.14 .,--------- ._ . . __28,.6.~ ., u .1}8.33 . - ___ __._.0.__..__ _ __.._.... .__.__.___..____._________~_.__._"__._ ________.__.__..___ h ..__ _.-__.. ___._______ _______.~_ _____________________..___ SUBTOTAL: GROSS MATERIAL PRICE .....................................",..................,....................................." $ SUBTOTAL: DISCOUNT .................. .......... ....................., ....... ..... ........,....".......... ................ ,.....,.......... $ NET MATERIAL PRICE .........................,............................................................................................... S LABOR ..........,.............",."..... ........, ...... ........ .....................,. ..........,....... ....., ................ ................ ...... S SHI P PING ..",.........,.....,..,.......".,...................,................."",..,..,........,..".,.....,...."....",.,...,...,. ."....,.., S TOTAL PRICE ...,.......... ............,.... ........... ..... ..........,.......' ......................,.... ..................,............. .......,. S CONFIDENTIAL PRICING PriCing And labor to migrate the customer 5 ,,"sltng Men;: an Milll platfo,'" and dillabase to il CallPilol rei 2.0 Tower wI Ra,j platform 01 :"(' same char'''el size and all e. slll1g fealures ThiS quote also Includes unlt,ed messilging ,'censes to moet tile cuslom,,' 5 need lor 25 The first 20 licenses are free. but lhe smallost Illcrement t"'al can be purc~ ased is 20, so 20 licenses are quoted 10 cover tho olll.;>' 5 licenses f\(.eded Based l>:':" slle survey the customer hils 40 full service ports. so In,~y will receive 40 Call P,lot cr,,-".;>Is. nil of thel' eXisting software features. plus licensing fe' 2800 vOlcema,1 boxes, per tr." ',ortel promotion Labor included to Jnstall 25 unified messag1r'g clients ,1M to trnillusers 0" ')DW to admllllste( CallP,lol Description .. ~lMAIL TO CP MIGRATION f'KG M~lAiLTO CP RTU TRANSFER ORDm . CALLp'ILpT NEW SYSTEM ORDER CODE CP2.0 702T BASE WtRAID MIGRATE20fANilo\O VOicE CP2.0.TO MistWlNTEGRATION CALLPIl.OT INTEGRATION SUITE -'SOFT\'iARE SERVTRANSFEE c:ptRl'JJH_E~NET LAN OPTION MIGRATE NMS FEATURE .. -SONUS2ci-DESK'roP .. ... . DESKTOP: 20 USERS . 561< MODEM KIT (11 OVI60MHZ) , MONI.TORPERIPHERAL KIT 10 BASE I IRANCEIVER Mf'u. 3COM HUB POWER cORD,t~EMA 5.15P TO lEG Ml1NTEGRATlON: 64 CHANNEL EXPANSIONPKG . .... :rAP_CI:i~N~~):EXPANS10N PKG . .. - . Quantity Unit Price , ~6,~0 I!--' 22.2.\8.16 i . 899';711-~ - - - - . - - - . -- . I .. -.- . 1 1,426.77 j ...214.14 ..... 0\28,281 .... ,__..___68.4~_____.... .. . 2)0\_14 j __ ~28~31_ ... I L I .-- --." r~' , , 1 1 20 1 1 1 1 _ ... 1. _._.1.. 1 1 1 2 1 1 1 2 - - .. ___._ __________,___________~____~_.____.____..____ ______ _.__~_____~.u_.__.__.~._.._ ".. ..________ .___._".___. - . - -.--- ~----_. -.--- ------ +---_.. -- .._--_._-~---_..- --_.~ .._-_._.._---_._---.--------~~._--_._. --.. -..-----"-. --.--------..----.- ,u-r ~_.--. ... .' - ___ .___ ________. ____._____.___< ____~____..~_____._~_ - __________.___.. _. - ~ - --.'0 ___.. ._'.__ _.. - . .____..___ ,__ __~ ________._ - ___.____..__.__.. __ .__.____._.__________ ___.___ _._____ .---_-_.0__-._- - . ___~___..__ __~___..__._ u< ___________.._ _.______. . . _. _____ ____.~__._.____.____._u_____.__~____.___.___ ______ ____.._.____0____.___ _~.. ___,____._ _ ____~_____ .___.__.._...__ ,. .' . . .'--.-- .- ----.-----. --. -.1'.:--------.--..-- .-----.----,~-._----.-------~-- --- - _'n___.___ -.-- ----:------.----.<-. --------..-----.---.--.- ----.-- ...~.:-~-.:-.:-]~.~~-.:.-~=-~=-=---==.====::--=::-_=-=-=:=--=~-=-.=-:-_-=-~ =- =-~=--=-~'=-=-=::--.:==:-:.---~:~.=_:::::=::... :=~ =~:=~.~:-- -----.--- ._. --J-. _..... .__._. .... .... ._ ..._ ...-. ...__ on". _...._"... . ....... ._.. __._.._ . _ ...._.. ._ _ __. _..... . ... __ _.. ...___ .._._""h __...._ ._..___ - -. i- -, - . .... ~.----t__.:.---------- "-.- -.--. -- ---.-.- ..... -. .-~_.-..- .--.- .-----.--.--.--. ---..... -----._-- .....--....---------. .-----.-~-- -----:.- .. -.--'-" -----.-----~.- .--:- -- ... .. .--- ... ..".. ."t: .....-----. ----,,--.------- --. -------.",-". ----.-- .-- -------- ---:---.. -.-.--------:-- .---. --.--'- -..-----..-- -----.--.----.--.----.-- -------~.._-_.._-------_._--~-- -------------.~_._---------_.._-- -'---'---'~< - -- -.-.__.- --- I. . . . ..--. .---' - ..-.- ~-- -..-- t -- ----- .-------------- ~--.--~--..-. -~ -. -------- ---. ~------.--------------- --.--- --.-.--- - ..- "--'--' --. -'" -----.---.-~.- .:.. . ........___..._ -..-..----1.:..-.----------..-.....-- ..__________.__._ -_..______.__ -_..__________.....:._.___...._.___.___.:_ ...-...- .-. - .no_._ .-.......-...:- u._, __. _ . '~~:'~==J .~__~=~=:--===:=..==~=.=.:~_-_-.~-.=:.=~~=. :~-:.: :-:::=:_~.-=-_-:-=~=_.:.- .=:==-.=_==~j~:~:_-_-..=-=.:._-:-.=:--=-::~~ ~==: "-~'-''':.-.- -~~- =:.~= - L_. I .-.. ..- ..-. -..I --~-'.-:::=l-~... -- ..._u ... -I -- .-- --- 1--- Miscllllilneoust.!alenal .._. < __ ___ ,_ ____ . __ .. _.._.._'_ _._ _.._ ___' ___"_on .__. 1 138.33 '''_:_--:_~. :-:.._:~ : =__==.=_:===_~_: ~='.:_'_'~-:'''~:-~_: :~-. r:::::~=::=:':~: ::: =:~.:: ~no .-..~ .:: 25,770.66 25,770.66 4,213.32 29,983.98 Pi1ge 1 of 1 ~ ~~~~ ~Jf.4m..'<~ ;: Inal :\genda Item # PDI II Clearwater City Commission Agenda Cover Memorandum '. \'ork5e,;,;lQn Item II: ,\\eeting Dale: t.f - I 7 . 0.3 SUBJECT/RECOMMENDA TlON: Re-appoint James M. Quinlan 10 the Board of Trustees, Clearwater Police Supplementary Pension Plan, I!l and that the appropriate oiiicials be authorized to execute same. SUMMARY: · In keeping with the provision of Florida Statute 185.05, which states in part... "The fifth member shall be chosen by a majority of the previous four members, and such person's name shall be submitted to the legislative body of the municipality. Upon receipt of the fifth person's name, the legislative body shall, as a ministerial duty, appoint such person to the board of trustees as its fifth member..." . At a meeting of the Board of Trustees held on ,,"'\arch 14, 2003, James tv\. Quinlan W<lS unanimously re- appointed to serve a full two-year term as Trustee. Mr. Quinlan is a Clearwater police sergeant with over 15 years experience and has agreed to serve an additional term (02/01/2003 - 02/01/2005). Reviewed by: Legal N/A Budget N/A Purchasing N/A Risk Mgml N/A Originating ~pt: Info Srvc N/A police~J"..J;~ Public Works ~ .!.repared by: CZ~ Marshall OeM! ACM /'" r'" User Dept (\ j) Other A Police ~ ~ /(.,L.I..-........ AII.lchments Costs Total Current FY Funding Source: CI OP Other Submitted by: 1)..A J J City Manager ~ ~....- 0- Printed on recycled I"'per X None Appropriation Code: Rev, 2/98 Final Agenda Item # (J LL') ~ i<3 Clc~r\\'~ter Cit\' Commission Agenda Cover \Iemorandum Work session Item #: Meeting Date: II - 1'/ - C ~ SUBJECT/RECOMMENDATION: Amend the Local Agency Program (LAP) Agreement between the Florida Department of Transportation and the City of Clearwater for the Clearwater Beach West Bridge/Spur Connector, 00 and that the appropriate officials be authorized to execute same. SUMMARY: . On November 13. 2000. the City Commission approved the Local Agency Program (LAP) Agreement between the Florida Department of Transportation and the City of Clearwater for the design and construction of the Clearwater Beach West Bridge/Spur Connector. This LAP Agreement was amended Q1 July 22, 2002, to include 53,485,562 in federal funding. of which $2,405.250 is for construction and $601,312 is for construction engineering and inspection (CEI). The original LAP Agreement provided $479,000 for design of the project only. . To fund the additional design costs associated with the preferred cable-stayed bridge alternative. this LAP Amendment #2 removes $210.775 from the CEI phase and adds it to the design phase. . Due to the additional project design, the project construction phase will be delayed until 2004 FY. Consequently, the expiration date of this LAP Agreement is extended to December 31.2005. . A copy of the LAP 2nd Amendment is available for review in the Official Records and Legislative Services. Reviewed by: Legal (~.~) /-,,1. /...~'.. . -~"' Budget . '." Purchasing Info Srvc N/A Originating Dept:!A 'I' Public Works Administra on Chris Focsan Costs Total Risk Mgmt k N/A Public Works '1 i;\~ ,.-_ DCMIACM /'/~ Other N A Current FY Funding Source: CI Attachments o P at l1er Submitted by: City Manager~ ,U.1,.......a- [K] None Appropriation Code: 315-92340-561200-541.000 Printed on recycled paper MSB LAP 2~' Amendment Agenda Item Rev, 2/98 Clear....ater Beach West Bridge/Spur Connector .:06539 1 LAP Amendment #2 City of ciearwater SUPPLE;\lENT NlJi\lBER '1'\\"0 (2) TO LOCAL AGENCY PROGI~Ai\1 (LAP) AGREEMENT THIS AMENDMENT TO THE LOCAL ^GE~CY PROGRAM (LAP) AGREEMENT, made by and entered into at Tampa, Florida, this day of , 2()D3, by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, whose addrcss for purposes of this agreement is 1120 I North McKinley Drivc, Tampa, Florida, 33612-6403, (hereinafter called the "Department"), and the CITY OF CLEAR \V ATER, a municipal corporation of the state of Florida whose address for purposes of this agreement is P. O. Box 4748, Clearwater, Florida, 3375S (hereinafter called the "CITY"); \VITNESSETH: \VHEREAS, the CITY and the DEPARTMENT entered into an Agreement dated November 13, 2000, hereinaf1cr referrcd to as the ORIGINAL AGREEMENT and subsequently amended on July 22, 2002 to provide for DEPARTMENT reimbursement to the CITY for design and constmction of a pedestrian bridge parallel to the existing roadway bridge (#43) over Mandalay Channel; and \VHEREAS, an Amendment to the ORIGINAL AGREEMENT is necessary to shif1 over-estimated Construction Engineering Inspection (CEI) funds to cover additional design costs associated with the selected cable-stayed bridge altemative; and WHEREAS, the DEPARTMENT and the CITY agree that the project construction phase shall bc delayed until fiscal year 2004 because of the need for that additional projcct design; and \VHEREAS, the DEPARTMENT and the CITY shall act in accordance with the ORIGINAL AGREEMENT and AMENDMENT upon execution of this amendmcnt; NOW, THEREFORE, in consideration of the prcmises and the mutual benefits that will accrue to the parties in carrying out the tenns of this Agrcement, the parties hereto agree as follows: 2.0 I Gencral Rcquircmcnts: The CITY shall commence and complete the project as described in the revised Supplement Number Two (2), attached hercto and by this reference made a part hereof with all practical dispatch, in a sound, economical and efficient manner, and in accordance with the provisions hcrein and all applicable laws. The project will be performed in accordance with all applicable DEPARTMENT procedures, guidelines, manuals, standards and directives as described in the Department's Local Agency Program Manual. 2.02 Expiration of Agrccmcnt: The expiration date of this agreement is hereby extended to December 31, 2005. 3.01 Total Cost: The total estimated cost is $3,485,562. The CITY agrees to bear all expenses in excess of the total estimated cost of the project and any deficits involved. SPECIAL CONSIDERATION BY AGENCY ANI> DEPARTMENT: The DEPARTMENT will issue a written Notice to Proceed to the CITY once the project design phase IS complete. Construction related activities conducted prior to Notice to Proceed will not be reimbursed. Clearwater Beach West Bridge/Spur Connector 406539 1 LAP Amendment ;:2 City of Clearwater SUPPLEMENT NO.2 S T ,\' E 0' 'LORIDA [)[ I'NlT'.'[ NT OF T'"V;5.";~r,\ liON FIN NO. 406539 1 5801 LOCAL AGENCY PROGRAt.1 SUPPLEMENTAL AGREEMENT CONTRACT NO. AI915 PROJECT DESCRIPTION The CITY OF CLEARWATER and the FLORIDA DEPARTMENT OF TRANSPORTATION desires to supplement the Agreement entered into and executed on NOVEMBER 13, 2000, as identified above and first supplemented on July 22,2002. All provisions in the basic Agreement remain in effect except as expressly modified by this Supplement. The changes to the Agreement are described as follows: Name: CLEARWATER BEACH WEST BRIDGE SPUR CONNECTOR Length: APPROXIMATELY 320 FEET Termini: MAINLAND CLEARWATER ACROSS MANDALAY CHANNEL TO CLEARWATER BEACHSIDE Description of Work: CONSTRUCT PEDESTRIAN BRIDGE PARALLEL TO EXISTING ROADWAY BRIDGE (#43) OVER THE MANDALAY CHANNEL Reason for Supplement: THIS SUPPLEMENT REMOVES FUNDS IN THE AMOUNT OF $210,775 FROM THE CONSTRUCTION ENGINEERING PHASE AND ADDS TO THE DESIGN PHASE FOR ADDITIONAL DESIGN COSTS ASSOCIATED WITH THE SELECTED CABLE-STAYED BRIDGE ALTERNATIVE. THE CITY WILL PROVIDE LOCAL FUNDS IF CONSTRUCTION ENGINEERING COSTS EXCEED THE REMAINING BALANCE OF $390,537. TYPE OF WORK FUNDING (1 ) (2) (3) (4) (5) PREVIOUS TOTAL ADDITIONAL CURRENT TOTAL TOTAL PROJECT FUNDS PROJECT TOTAL PROJECT AGENCY FUNDS FEDERAL FUNDS I'IINnc:: ;:IINnc:: P.E. a. Agency Work S 479 noo S '10 775 S 6Rq 775 S 0 S RRn 775 b. Other c. State Services d. Total PE Cost (a+b+c) Rlght-of.Way e. Agency Work f. Other g. State Services h. Total R/W Cost (e+l+g) Construction l. Contract $ 2 405 250 S 0 S 2 405 250 S 0 S 2 405 250 j. Other k. Other J. Other m. Total Contract Costs (i+j+k+/) Construction Engineering n. Agency S R01 ~12 S (210775) S ::l90 5::l7 S 0 S ::l90 5::l7 o. Other p. State Forces q. Total Construction Engineering (n+o+p) r. Tota! Construction Cost S 2,795,787 (m+q) s. TOTAL COST OF S 3.485,562 S 0 $ 3,485.562 S 0 S 3.485.562 PROJECT (d+h+r) Clearwater Beach West Bridge/Spur Ccnnector 4D6539 1 LAP Amendment #2 City of Clearwater IN WITNESS WHEREOF, the parties have caused these presents to be executed this _ day of ,2003. CITY OF CLEARWATER STATE OF FLORIDA FLORIDA DEPARTMENT OF TRANSPORTATION WILLIAM B. HORNE. II CITY MANAGER DONALD J. SKELTON. P.E. DIRECTOR OF PLANNING/PRODUCTION COUNTER-SIGNED BRIAN J. AUNGST MA YOR-COMMISSIONER . ATTEST CYNTHIA E. GOUDEAU CITY CLERK APPROVED AS TO FORM: ...---., .~ .--., . i; , j' ., } ,(' /) /......1 . ,/. , I ,,- . .-- f. ..(; Yi -t ,,; /' I , i:-r- -BRYj.N D. RUFF 1/ ASSISTANT CITY ATTORNEY APPROVED AS TO FORM, LEGALITY ATTORNEY DEPARTMENT OF TRANSPORTATION attached Encumbrance Form for date of funding approval by Comptroller. i Clearwater City Commission Agenda Cover Memorandum 'Nork session Item #: _p L0 3 I 01 Final Agenda Item # _ Meeting Date: 04-17-0:\ SUBJECT/RECOMMENDATION: Accept a blanket Water Main and Utilities Easement over and across Pinellas County parcel # 07-29-16-00000-110-0800, a/kJa Royal Racquet Club, from Timothy C, Szazynski and Carol Szazynski, 1BI and that the appropriate officials be authorized to execute same. SUMMARY: . The Florida Department of Transportation US 19 project from South of Coachman Road to North of Sunset Point Road requires that the City relocate existing water and wastewater utilities from within the project limits, . The subject easement facilitates disconnecting the 6-inch water line servicing the Royal Racquet Club from the existing distribution line along U. S. Highway 19, and reconnecting the service with the 8-inch line on the adjoining Town Place Apartments, subject to obtaining easement thereto from the record owner. . The Royal Racquet Club facilities were constructed in 1976. There has been no recorded authority for the City to maintain the water system upon the club property since it was built. . The subject documentation corrects the easement oversig ht and grants a 10-foot easement for the City to construct, maintain and reconstruct as necessary all water lines, hydrants and meters serving the property, including the proposed project. . A copy of the easement documentation is available for review in the Office of Official Records and Legislative Services. f1 Reviewed bY:~ Legal Budget A Purchasing NA Risk Mgmt NA Info Srvc Public Works DCM/AC Other NA Originating Cept: ~ Public Works (E. Barrett) User Cept. Costs Total NA Current FY Funding Source: CI OP Other ~ Attachments Locator Map Submitted by: City Manager Appropriation Code: Printed on rocycled paper S:pwaonsanllEnglnlWord/Agenda/Real Estate 2003IWater Main Easement.Szazynskl Agn 041703.doc Rev. 2198 LOCATOR MAP Proposed reroutinQ of 6" water line connection servinQ Roval Racquet ;-- -' < ~ '" -0 '" <: < (') >- -' w ,. .. ~ ,. .. ~ ~ .,,' < n 1I1 1I1 .. n. e lJ ;;. ,n. '" 0- :I: co 2 c ::i ................... . . . , . . . . ...............-.... I I I I I I I I I I I I I I I", ,.., I~ l!l ~ I~' I I I I I I 1...-.: crossing :.r.:.! -.. ...... I::. ....-.. --- - --..-.. _______If -.---... ...... '" u<J...' " ,I .;......... .' ~..... . ......: ....... I I I I ~ \oJ' \t., ~ )~ ~ 2"~ I~ ~~\~~. ----~-- , , , ~ : WAL MART . I ~ , u, >, il-' UJ' ., ,. .............. ",J ....... ......~ ~ l' ~ )o'I~ f!, : ; !:t~l."., i 2'" I ~' I I I I I I I I I I I I I I I .I P I I I , I L. I 1"\ I .S I~ ~I , ",' ~ I I ~I ~I , Vl ~ I I :j ~I I ~I I "lftl ::' I ~I i:l~ ; I: I I I I I I ~ I , I Return to: Earl Barrett Engineering Department City of Clearwater P. O. Box 4748 Clearwater, FI. 34618-4748 RE: Parcel No. 07-29-16-00000-110-0800 II WATER MAIN & UTILITIES EASEMENT II FOR AND IN CONSIDERATION of the sum of One Dollar ($1.00) in hand paid to then, the receipt of which is hereby acknowledged, and the benefits to be derived therefrom, Timothy C. Szazynski and Carol Szazynski, husband and wife 2360 Campbell Road, Clearwater, Florida 33765.1503 ("Grantor"), do hereby grant and convey to the CITY OF CLEARWATER, FLORIDA, a Florida Municipal Corporation ("Grantee"), an easement over, under and across the following described land lying and being situate in the County of Pinellas, State of Florida. to wit: A ten-foot (10') water main and utilities easement lying five feet (5') each side of all water mains, up to and including all water hydrants and meters, but excluding any water mains that may lie under buildings or within five feet (5') of buildings, as all such water lines and utilities are now constructed and existing, or as may be constructed or reconstructed in the future within the following described tract: A portion of the Northeast 1,14 of Section 7, Township 29 South, Range 16 East, Pinellas County, Florida, as depicted in EXHIBIT "A" appended hereto and being more particularly described as follows: From the Southeast corner of the Northeast Y4 of said Section 7, Township 29 South, Range 16 East, Pinellas County, Florida, run N010E, 1330.20 feet; thence West 170.01 feet for a POINT OF BEGINNING; thence S010W, 200.00 feet; thence S170W, 57.53 feet; thence N890W, 505.05 feet; thence N010E, 643.19 feet; thence N890W, 43.53 feet; thence along a curve to the left having a radius of 135.19 feet, an arc distance of 60.99 feet, chord bearing N140E, 60.47 feet; thence N010E, 202.73 feet; thence N320W, 150.00 feet; thence N580E, 66.00 feet; thence S320E, 72.00 feet; thence S890E, 21.94 feet; thence S010W, 243.94 feet; thence S890E, 200.00 feet; thence S010W, 155.00 feet; thence S890E, 150.00 feet; thence S010W, 355.00 feet; thence East, 165.63 feet to the POINT OF BEGINNING. Containing 7.08 Acres, more or less. The CITY OF CLEARWATER, FLORIDA, shall have the right to enter upon the above- described premises and to construct, install, maintain and reconstruct as necessary thereon such water facilities and to inspect and alter same from time to time. In the exercise of rights granted herein Grantee shall in every instance restore all physical impacts to the easement premises to equal or better condition as existed prior to the exercise of such rights. Grantor warrants and covenants with Grantee that it is the owner of the fee simple title to the herein described easement premises, that Grantor has full right and lawful authority to grant and convey this easement to Grantee, and that Grantee shall have quiet and peaceful possession, use and enjoyment of this easement. It is expressly understood that Grantor reserves unto itself all rights of ownership of the easement premises not inconsistent with the easement rights granted herein. This easement is binding upon the Grantor, the Grantee, their successors and assigns. The rights granted herein shall be perpetual and irrevocable and shall run with the land, except by the written mutual agreement of both parties, or by abandonment of the easement premises by Grantee. IN WITNEDl WHEREOF, the~d grantors have caused these presents to be duly executed this /7- day of A I 2003. Signed, sealed and delivered ~rer;r Oc A;...~~ 1!foE~~gnC}~t. C? h r IS ~eJ ;J!2~ WJ~~~~~ Print Witness Name ~~. CaP6i S zy . -- STATE OF FLORIDA : 55 COUNTY OF PINELLAS The foregoing instrument was acknowledged before me this / ;!.'J. day of.-ff(~ , 2003 by Timothy C. Szazynski who acknowledged the execution thereof to be his free act and deed for the uses and purposes therein expressed, ~~, Notary,..p,ublic ~ State of Florida ~ r!::He? M ~afl ~/. -, Type/Print Name The foregoing instrument was acknowledged before me this /?!K. day of ~ I 2003 by Carol Szazynski who acknowledged the execution thereof to be her free act and deed for the uses and purposes therein expressed. ~('- Type/Print Name [ ] Personally Known [ vYProduced Identification Type of Identification Produced R.C?/t./'d,., A;v~' ~/'c;e~'€.. STATE OF FLORIDA : 55 COUNTY OF PINELLAS [ ] Personally Known [ ~roduced Identification Type of Identification Produced r~:/" J1.z.i'tlt:~:S L,.C&JW:E M Commission Expires: ...."lI. .J'..-...., ~ ~ EARL W. BAHRETT '-; ~~ MY COMMISSION # CC927~W. ~ or 1~1>" E'xPlItIiS, M~y ]11, 21XJ.I o. ..!~.3-NOr~RY rL NoW, S""'icul\ O",.f'"Il, "'" -- M ires: ....'~ ~ #' ~ EARL W. BARRETT ~ ~~ MY COMM ISSION f CC 9276% ~D' {\I>o,; E.'" "Ill ES, May 2~. 2IX)~ J ~~~Or^RY FL Nolaty S"""co ^ IJ<"ht,,,., '''c. --~_. ~ .... CXl .... B 3.8 Accc) in m Pl CD cD I/) ~ e 6.9 Ac!Cl / / 100 100 I I I I I , I I I I I , I I , I I I , I , I I I , I r I I , I I I I I r I I , I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I L. I I 70 0 8 0 N Pl N if ,...: \0 too II,) 100 110 110 - - - EXHIBIT "A" CD ui en U"l "00 r-: - 1-52413--' ~ CD a) N C0 ,......~~ t>..~~.. ~'!> (, <:) r e.,'Oc;,. 165.35 or N f- or e a) 1.96 Acec) ~ ;;j e 17 AccCl iD cD ;::: 235,85 197.7 100 138.15 200 CD e N U"l ai IlL . 3 !!! a) 1.34 Acecl ~ + N b 150 e 209.05 235.76 126.17 100 e I/) I/) en e Pl I/) !!! I ..; ..; SUBJECT I ;;j 1.68 ACIC) '" ID in in Pl !:? 5 500 <iJl" - 2, Mark (x) all Multi.parcel ,'.'~J that apply transaction? --. __~ 3, Grantor (Seller): 5~A ~~S_kt Last __2..3 (0 Ctlf'r}~ LL eel, Mailing Address 1111111 FLORIDA DEPART~IIEl\"T OF REYENUE PHOTOCOPIES OF gR~~J:B RETURN FOR TRANSFERS OF INTEREST IN REAL PROPERTY T~~ci~~~k~~T (PLEASE READ INSTRUCTIONS ON THE BACK OF THIS FORM BEFORE COMPLETING) (U~~biack in~-Enter m;;bers as sh;;;~below. - IIIYPlng. enter numbers as shown below.' 1. ParcelldenlificalionNumber : ~]QJ~~FLfl[? <b(TI~~ [][~~0~[JLJ J (If Parcel 10 not available '_. _/ please call County Property 1--- r -'1 ~~:-lf:::' i- i r -: s:.l r.;;; i1J ; :J r:~ ~ ~-] r=:J I :--.:H~ ~ 0 [J [1'-J ['-J ['J l---J r---'j Appralser',>Olfice) --. Ql.z.Jl6Jl:tJLijL~J:~IL~~P Lf?JlQ..LJlL L~.OL~.ILQ1~! _.. ~_J__ ___ __' .. L. Transaclion is a spilt Property was improved or cutout from S-.71 with building(s) at tlmo f'Jj another parcel? -- · !,}.J of sale/transfer? -. v;:. Ii '''0 Thi c.. First 1\11 C. (p AfZ.t.V,41C It City r 4. Grantee (Buyer): Last First Ml ? c), .~ OJ'- 4- '74- f{ e6:Att.wdtett. Mailing Address City 5, Date of SalefTransfer SalefTransfer Price [g[}J / [1]w / Q[Q]~@ SDDDDDn:jDUJ . lQJ[Q] r~~~~e':rln l~~~~l~n7:~~~~:Rovorsol Month Day Year (Round to the neare~-2'lIar.) 6. Type of Document 0 ConlracVAgreement f\[\Ii, Other 7. Are any mortgages on the property? If "Yes". YES D / [gJ NO tor Deed ~ outstanding mortgage balance: D ~:;~nty D g~~dclaim (Round to the nearest dollar.) $ D [J 00 0 [JJJ DO. ~ ~ 8, To the best of your knowledge, were there unusual circumstances or conditions to the sale/transfer such as: Forced sale by court order? Foreclosure pending? Distress Sale? Title defects? CorrectIVe Deed? Mineral rights? YES D / IVl NO Sale of a partial or undivided interest? Related to seller by blood or marriage. ~ Corporate Name (if applicable) FL s37f.S ( 72..7) 797- 174Z. State Zip Code Phone No. C:.,'ti cr f G.E:J<WZUJAtgfZ. Corporate Name (if applicable) (=1.." '337S-Y ( 7'27) S-b L ~ '!(J /0 State Zip Code Phone No. 9. Was the sale/transfer financed? YES D / l.6J NO If -Yes", please indicate type or types of financing: D 0 Agreement or D D Conventional L Seller Provided Contract for Deed Otner o Industrial D Instltutional/ Agricultural Miscellaneous D ~ YEsD/~NO Government Vacant 10. Property Type: Mark (xl all that apply Residential D Commercial 11, To the best of your knowledge, was personal property included in the sale/transfer? If "Yes", please state the amount attributable to the personal property. (Round to nearest dollar.) 12. Amount of Documentary Stamp Tax ~ Acreage Timeshare D 0 0 $DDDODDODD $DDDODDjJDfQJ . [l]~ YES D / []NO D Cenls [Q][QJ 13. If DQJO)'; IS due in number 12, is deod exempt from Documentary Stamp Tax under s. 201.02(6), Florida Statutes? Under ponaltios of perjury, I declare that I have read the foregOing return and that tho facts stated in it are true. If propared by sornoono other L than the taxpayer. his/her declaration is based on all' f at ion ol..wh h he/her has any knowledge. 1- Signature of Grantor or Granteo or Agent Dale g o:l. 0 J 03 . /1"1tYvVl:. ' WARNING' ~AILURE TO FILE T/ liS RETUI1N OR AL _ NAll E F M A PR ~ B THE E ~RT ,l!!'NT ~F R 'VENUE SHALL nESlJLT IN A PFNAI.TY OF $2500 IN ADDITION TO ANY OTHER PENALTY IMPOSEO OY THE flEVENlJE LAW OF FLORIDA (To be completed by the Clerk of the Circuit Court's Office) Clerks Date Stamp roo] r-J I---J' [-J r'J _~ L_ _, __ L []C]~][J \"T . JI/-I[" lJ,f 'JI1- ]1[-"'-;[- \'-1 r-l[ . Y- }' ~~l _.J:_ t_. ".t. I _.1.;;. :~ oj: .dj. _ L._ Date Recorded ; ~:r~] / 1 )": / r \ , ! i .____. ___~ H_~:~)~~tll__~_ ___ ._D~lL__ __.___..__:r(l_<l~__~_._____.___ ______ __,___ WHITE COpy TO DEPARTMENT OF REVENUE OFFICE O. R. Book and Page Number and File Number I I -~ 1__ _______,_"_,____~__._,_~_ _____.___~___~____.__"___________..._.._. .J CANARY COpy TO PROPERTY APPRAISER ,,~~~w.~...-~ G: ,d. . <;!I',~ ~ (~._~~ ~ ~IfATE~~~ Clearwater City COllllllission Agenda Cover \ 1emorandulll Work session Item #: yU) ~ Final Agenda Item # )0 Meeting Date: 04-17 -01 SUBJECT/RECOMMENDATION: Approve a contract with Community Service Foundation. Inc., a Florida nonprofit corporation, to sell surplus property known as the Fulton Apartments, 1620 Fulton Avenue, situate in portions of Block 0, NORWOOD 1ST ADDITION and Block H, AVONDALE SUBDIVISION for $925,000, subject to terms and conditions therein, less estimated closing costs of $6,550, providing $718,450 estimated net proceeds at closing, plus $200,000 payable over 30 years, lBl and that the appropriate officials be authorized to execute same. SUMMARY: . The City leased the Fulton Apartments to the Clearwater Housing Authority (CHA) from 1970 to 2000 to operate as affordable rental housing. Following lease termination, the City acquired four adjoining apartments from CHA in 2002 in consideration of forgiving a S 100,000 City mortgage lien. . In 2002/2003 the City utilized approximately $800,000 of HOME Investment Partnership and State Housing Initiatives Partnership Program (SHIP) funds to rehabilitate the 19-unit complex, · The completed project includes 4-three bedroom apartments, 12-two bedroom apartments and 3-one bedroom units. All feature new kitchen cabinetry, central air and heating systems, appliances, roofing and utility services. Exterior enhancements include decorative fencing and accessory features. · C. Richard Tobias, MAl, prospectively valued the property at 5925,000 as of June 1, 2003 conditioned on completion of the rehabilitation project and lease-up. . On January 23, 2003 the City Commission declared the Fulton Apartments as surplus for the purpose of offering the project for sale for the minimum bid amount of $925,000 to a qualifying non-profit corporation specializing in affordable housing. · On February 19, 2003 the Community Service Foundation (CSF) timely submitted the only bid for the property in the sum of $925,000. City Housing Office staff reviewed the CSF bid and qualifications, and inspected its current rental operations. It was determined that CSF met the declaration of surplus requirements and the provisions of Invitation For Bid 12-03. . Among other provisions, the proposed purchase is subject to CSF obtaining a first mortgage in the amount of $725,000 at rates and terms defined in the contract, and that the City accept a second mortgage in the amount of $200,000 at 0% interest, fully payable over 30 years at the rate of $8,000 annually commencing the sixth year following closing. . Net sale proceeds will accrue in the City's HOME Investment Partnership Trust Fund to be used for future affordable housing activities. . A copy of the contract is available for review in the Office of Official Records and Legislative Services. n Reviewed bY:~ Originating Cept: ~ T Costs NA Legal Info Srvc NA Public Works (E. Barrett) \ Total Budget , J .,,:.l Public Works ~ User Dept. '->-0 Funding Source: ~ .. ' Purchasing NA DCM/ACM " u.:; Planning/ED & Housing Current FY CI Risk Mgmt NA ED/Housing ~ Attachments OP Locator Map Othor -- Submitted by: City Manager 1StJ ~~~ Appropriation Code: o Printed on recycled paper S: pwaonsan1/EnginIWord/Agenda/Real Estate 200J/Fullon Apts Sale 041703.doc Rov. 2/98 LOCATOR MAP FULTON APARTMENTS -1620 FULTON AVENUE ,~~ .. 10 :t nJu ;} l'I J' 2 :::~I'i t ! ~ ti ~ ~ .. ~ UNCU'OS( m)! ! i '11 tiE ~ € 9 ~ 'I ~ ,t ~~ 11", . ,;, f.f,i- ...,. ~~3 >r, In" J40"")IIl" .(',""J .," mt>>! !ft;; Ii! ~~! ~ 7 [NCIoI" ., I "" -," I 1 , I: 2 l -. ~! 6 ~ I' 8 \f) ~ I "..I.. ',,, Tf"" :~ z . ~~ I~ ~ ~ ~ M 51R(eT .H'~;;;" ...~- ;1 'it 10 It I~I "i, I 'I I~ ~J I' ::.. "'0 J.1L t ..., !i . . J ' II., " .~ ! IS .. n If,.t ~ i~.!, , 'It n ,.. U,.. tt .= .- .1 IJ S~; I :!..~~__t~~~E ~! 5~(T _. t, ~ ~ ~ ~, .: t.t., IS t, on H. ~HPIE ':'!.!~ -)0 ~ ~ ~ :~ ~ ~ I"",. ,. 1J )I It'" U ~ ~~5!i 7 LA 5 ( c "_ =" . 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CONTRACT FOR SALE OF REAL PROPERTY BY THE CITY OF CLEARWATER, FLORIDA PARTIES: The CITY OF CLEARWATER, FLORIDA, a Municipal Corporation of the State of Florida (herein "Seller" or "City"), P. 0, Box 4748, Clear.vater, Florida 33758-4748, and COMMUNITY SERVICE FOUNDATION, INC., a Florida nonprofit corporation (herein "Buyer"), 925 Lakeview Road, Clearwater, FI. 33756, (collectively "Parties"), hereby agree that the Seller shall sell and Buyer shall buy the following real property ("Real Property") and personal property, if any ("Personalty") (collectively "Property") upon the following terms and conditions. THE "EFFECTIVE DATE" OF THIS CONTRACT IS THE DATE OF EXECUTION BY DULY AUTHORIZED CITY OFFICIALS. TIME IS OF THE ESSENCE IN THIS CONTRACT. Time periods of 5 days or less shall be computed without Including Saturday, Sunday, or national legal holidays and any time period ending on a Saturday, Sunday or national legal hol/day shall be extended until 5:00 P.M. of the next business day. 1. PROPI;RTY DESCRIPTION ST LEGAL DESCRIPTION: NORWOOD 1 ADDITION, Block D, Lots1, 2, 3 and the West Y. of Lot 4, less Street, as recorded In Plat Book 5, Page 79, Public Records of Plnellas County, FlorIda; together with AVONDALE SUBDIVISION, Block H, Lots 3, 4, 5, 6 and 7, as recorded in Plat Book 7, Page 40, Public Records of Plnellas County, Florida STREET ADDRESS: 1620 Fulton Street, Clearwater, Fl. 33755, a/k1a "Fulton Apartments" PERSONALTY: 19 new 30" gas ranges with ovens, 19 new 18 cu. ft. refrigerators, mlnl-bl/nds (all windows) 2. FIJI I PURCHASE PRICE .................................................................................................$ 925,000.00 3. MANNFR OF PAYMENT Buyer to qualify for and obtain third party financing as described In Paragraph 4 in the sum of not less than ..................................................................$ 725,000.00 Buyer to execute and deliver mortgage and other instruments of security in favor of the Seller to secure a purchase money second mortgage as described in Paragraph 5 in the amount of.... $ 200,000.00 Balance to be paid at closing in U.S. funds, cash, certified or cashier's check, subject to adjustments and prorations........................................................$ -0- 4. THIRn PARTY FINANCING The purchase contemplated herein is subject to Buyer applying for and obtaining first mortgage third party financing in the tolal sum of $725,000.00 at a fixed interest rate not to exceed 7.25% per annum for a term of not less than 15 years with a 25 year amortization; or altematively, $725,000.00 with adjustable rate financing bearing an initial interest rate of 6% per annum for a tenn of not less than 15 years with a 25 year amortization. Buyer shall bear all costs of obtaining financing. Buyer shall submit financing application within 7 days following receipt of fully executed agreement, and shall use all reasonable diligence to obtain the commitment for Ihe financing hereinabove described and, thereafter, to meet the terms and conditions of the commitment and to close the loan. If Buyer fails to obtain the loan commitment and promplly notifies the Seller in writing, or if after diligent effort Buyer fails to meet the terms and conditions of the commitment prior 10 closing, then either party may cancel this contract and both parties shall be relieved of any and all further obligations hereunder. 5. PURCHASE MONEY SECOND MORT(;A(;E At closing Buyer to execute and deliver to Seller mortgage and other instruments of security to secure a purchase money second mortgage in the sum of $200,000.00 at zero percent (0%) interest repayable in the following manner: Zero payments due over the first five (5) years following closing, thereafter repayable in the sum of S8,000.00 annually with the initial payment due on the first day of the first month of the sixth (6lh) year following closing, and S8,OOO.00 payable annually on each anniversary of said date for twenly-four (24) succeeding years or until othel\....ise fully paid. 1 6. TIMF FOR ACCEPTANCE Following execution jf this contract by Buyer, the price, terms and conditions as contained herein shall remain unchanged and be held unconditionally open for a period of 45 days following deli':ery In duplicate or:9Jnal to Earl Barrett, Real Estate Services tvlanager of the City of Clearwater for accept.mce and approval or rejection by action of the Clear.vater City Commission ("Commission"). If this agreement is accepted and approved by the Commission, it will be executed by duly authorized City officials and delivered 10 Buyer ,,'{ithin 10 days thereafter. If this contract is rejec:ed by the Commission upon initial presentation to the Commission, this contract shall be null and vcid in all respects and Buyer shall be so informed in writing w,thin 5 days of sue.'1 action. 7. IlILE Seller shall convey marketable title to the Property by SPECIAL WARRANTY DEED. subject only to matters contained in Paragraph 8 and those otherwise accepted by Buyer. Other-...ise title shall be free of liens and encumbrances of reccrd or known to Seller, but subject to property taxes for the year of closing, if any: covenants, restrictions and public utility easements of record; and (other matters which title will be subject): No Others' pro\~ded there exists at closing no violation of the foregoing and none of them prevents Buyer's intended use of the Property for residential purposes. 8. TIT! F FVlnFNCF Buyer may, at Buyer expense and within -1!L days prior to closing date obtain a title insurance commitment issued by a Florida licensed title insurer agreeing to liens, encumbrances, exceptions or qualifications set forth in this Contract, and those which shall be discharged by Seller at or before closing. Seller shall convey a marketable title subject only to liens, encumbrances, exceptions or qualifications set forth in this Contract. Marketable tiUe shall be determined according to applicable Title Standards adopted by The Florida Bar and in accordance with law. Buyer shall have 5 days to examine title evidence following receipt. If title is found defective, Buyer shall, within 3 days thereafter, notify Seller in writing specifying defect(s). If the defect(s) render title unmarketable, Seller will have 120 days from receipt of notice within which to remove the defect(s), failing which Buyer shall have the option of either accepting the title as it then is or withdrawing from this Contract. Seller will, if title is found unmarketable, make diligent effort to correct defect(s) in title within the time provided therefore, including the bringing of necessary suits. 9, CERTAIN RIGHTS RFSERVED As required by Section 270.11, Florida Statutes, the Seller reserves unto itself and its successors an undivided three-fourths (3/4) interest in, and title in and to an undivided three-fourths (3/4) interest in, all the phosphate, minerals, and metals that are or may be in, on or under the real property described herein, and an undivided one- half (1/2) interest in all the petroleum that is or may be in, on, or under said property with the privilege to mine and develop the same. If the real property being cnnvey"'d h!'!reunder i!': less thrln 20 cont/guoll!': ;Jcr!'!!': is pr!'!s!'!ntly developed and/or there exists future development plans and there is lillle likelihood of the prpsence of :1ny of th!'! minemls or petroleum contempl:1lp.d by S!'!ction :>70 11 Florida SI;Jlutes in all such inslanc!'!s the City !'!xpr!'!ssly releases the ahov!'! dp.scribpd rights 10. SURVEY Buyer, at Buyer's expense, within time allowed to deliver evidence of title and to examine same, may have Real Property surveyed and certified to the Buyer, Seller and dosing agent by a registered Florida land surveyor, If survey shows any encroachment on Real Property, or that improvements located on Real Property encroach on setback lines, easements, lands of others, or violate any restrictions, contract covenants or applicable governmental regulation, the same shall constitute a title defect. 11. ClOSING PI ACE AND nATE Buyer shall designate closing agent and this transaction shall be closed in the offices of the designated closing agent in Pinellas County, Florida, on or before 90 days following thp- "EffRctivl'! natRn, unless extended by other provisions of this contract. If either party is unable to comply with any provision of this contract within the time allowed, and be prepared to close as set forth above, after making all reasonable and diligent efforts to comply, then upon giving written notice to the other party, time of closing may be extended up to .3!L-days without effect upon any other term, covenant or condition contained in this contract. 12, CLOSING DOCUMENTS Seller shall 'urnish deed, purchase money mortgage documentation. contractor, equio!T)ent and acc1iances warranties, C'. of sale, rrechanic's lien affidavit. Zlssignments of leases, tenant estccpel :..etters, and corectl'.''? Instruments a:; ~pplrcabfe t::l thiS transaction. Buyer shall furnish clOSing sta~em'?nt. 13. CLOSING EXPFNSES Recordation of the deed and Documentary slamps on the deed, unless this lransa::tion is excJ1wl undcr Chapter 201.24, Florida Statutes, shall be paid by the Buyer. Seller sr.all pay the costs of recording .my corrective instruments. 14. PRORATIONS; CREDITS If there should exisl any taxes, assessments, rent and other revenue specific to the Property, "II of such expenses and revenue shall be prorated through the day before closing. If the amount of taxes und assessments for the current year cannot be ascertained, rates for the previous year shall be used with due allowance being made for improvements and exemptions. Any deposits held by Seller in trust for third parties in occupancy of Iho Property shall be credited to Buyer at time of closing. Assessments for any improvements that are sUbstanti"lIy complete at time of closing shall be paid in full by Seller. 15. PROPERTY CONnlTION Seller shall deliver the Property to Buyer at time of closing in its present "as is" condition, ordinary wear olnd tear excepted, and shall maintain the grounds in a comparable condition, Seller makes no warranties other thnn as disclosed herein in Paragraph 17 ("SELLER WARRANTIES") and marketability of title. 16. SFll ER HFLD HARMLESS Buyer agrees to indemnify and hold harmless the Seller without limitation from any losses, damages. costs, including attorney's fees, claims of injury to or death of any person(s), any damage to property of Buyer. or the Property, and from and against any and every liability to any person arising from Buyer conduct of survey and related work performed pursuant to Paragraph 9 above. 17. SFII FR WARRANTIES Seller warrants that there are no facts known to Seller that would materially effect the value of the Property, or which would be detrimental to the Property, or which would effect Buyer's desire to purchase the property except as follows: NONE KNOWN. 18. PROCFF;DS OF SALE; ClOSING PROCFDlJRF; The deed shall be recorded upon clearance of funds. Proceeds of sale shall be held in escrow by Seller's attorney or by such other mutually acceptable escrow agent for a period of not longer than 5 days from and after closing, during which time evidence of title shall be continued at Buyer's expense to show title in Buyer, without any encumbrances or change which would render Seller's litle unmarketable from the dale of the last title evidence. If Seller's title is rendered unmarketable through no fault of the Buyer, Buyer shall, within the 5 day period, notify the Seller in writing of the defect and Seller shall have 30 days from the dale of receipt of such notification to cure the defect. If Seller fails to timely cure the defect, all funds paid by or on behalf of the Buyer shull, upon written demand made by Buyer and within 5 days after demand, be returned to Buyer and simultaneously with such repayment, Buyer shall return Personalty and vacate Real Property and reconvey it to Seller by special warranty deed. If Buyer fails to make timely demand for refund, Buyer shall take title "as is., waiving all rights against Seller as to any intervening defect except as may be available to Buyer by virtue of warranties contained in the deed. The escrow and closing procedure required by this provision may be waived if title agent insures adverse matters pursuant to Section 627.7841, F .S. (1987), as amended. 19. DEFAlJl T If Buyer fails to perform this contract within the time specified (including payment of all deposit(s)), the deposit(s) paid by Buyer may be retained by or for the account of Seller as agreed upon liquidated damages, consideration for lhe execution of this contract and in full settlement of any claims; whereupon, Buyer and Seller shall be relieved of all obligations under this contract; or Seller, at Seller option, may proceed in equity to enforce Seller's rights under this contract. If, for any reason other than failure of Seller to make Seller's title marketable after diligent effort, Seller fails, neglects or refuses to perform this contract. the Buyer may seek specific performance or elect to receive the return of Buyer deposit(s) without thereby waiving any action for damages resulting from Seller's breach. 20. RADON GAS NOTIFICATION RADON GAS: Radon is a naturally occurring radioactive gas that. when it has accumulated in a building in sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of rudon 1I,at exceed federal and stnle guidelines have been found in buildings in Florid;], Adcltional information regarding radon and radon testing may be obtained from your county public health unit 21. CONTRACT NOT RF:CORDABLF' PF:RSONS ROUND Neither Ihls contract nor Clny notice of it Shilll be recorded in any public records. This contract shall bind and inure to the benefit of the pilrtles and their SLlccessors in interest. Whenever the context permits. singular shall include pluml and anu gender shall include all. 22. NOTICE All notices provided for Ilcrcin shall bo doemed to have been duly given iF and when deposited in the United States ~,'ail. properly st<lmpod and addressed to U10 respective pany to be notified, including the parties to this contact, the pilrties illlorneys, oscrow <190nt, inspectors. contractors and all others who will in any way act at the behest of the parties to sallsfy nlllorf115 .1nd conditions of this contract. 23, ASSIGNABILITY; PERSOHS..B01lliD This contract is nol i15slgnilblo. Tho terms "Buyer". "Soller", and "Broker" (if any) may be singular or plural. This Contract IS binding upon Buyur. Sol/or, rind lheir heirs, personal representatives, successors and assigns (if assignment Is pernllllod). 24. ATTORNEY FEES; COSTS In any litigation arising out of this contrnct, tho prevailing party shall be entitled to recover reasonable attorney's fees and costs. 25. NO BROKER Seller and Buyer represent ilnd ngroo thoy havo doalt with no Broker or finder in connection with the transactions contemplated homby. Sullm <1nd /Juyor Further agree to indemnify the other from any damage, liability or expense either m<lY suffer as n rosult of any c1ilim of a Broker or finder with whom it is determined that the other party has dealt wilh In contravontlon of tllis ngrecmcnt: except, however, that total City obligations under this provision shall bo subJcct 10 1110 limits and restrictions of the Florida sovereign immunity statute, F.S. 768.28. 26. TYPFWRITTEN OR HANDWRITTEN PROVISIONS Typewritten or handwritten provisions shnll control all pnnted provisions of contract in conflict with them. 27. F;FFECT OF PARTIAl INVALIDITY The invalidity of any provision at this contract will not and shall not be deemed to effect the validity of any other provision. In the event that any provision of this contmct is held to be invalid, the parties agree that the remaining provisions shall be deemed to be in tulllorco and clfcct as ilthcy had been executed by bolh parties subsequent to the expungement of the invalid provision. 28. GOVERNING I AW It Is agreed by and betwecn tho parties horoto tllilt this contract shall be governed by, construed, and enforced in accordance with the laws 01 tho State of Florida. 29. r:OllNTFRPARTS; FACSIMILE COpy This contract may be executed in two or maIo counterparts, each of which shall be deemed an original and all of which together shall constitute one instrument. A facsimile copy of this contract, including any addendum. allachments and any written modifications hereof, and any initials or signature thereon shall be deemed an original. 30. SPECIAL CI AIJSES An Addendum containing special clauses that constitute agreements and covenants between the parties identified herein as Exhibit "An - Fulton Apartments Declaration of Surplus Criteria (hereafter, .criteria"), is attached to and an integral part of this contract and without further acknowledgment is confirmed and accepted by the parties. Buyer covenants ar:d affirms to Seller thnt Buyer meets all of tho criteria and shall fully comply with all of its post-closing requirements. Seller acknowledges that it is receipt of and has reviewed and accepted Buyer's organizational and financial records as meeting ttlO threshold cnteria and that Buyer's response to Bid No. 12-03 complies with all provisions contained therein When nny speCIal clause in the Addendum is in conflict with any provision contained elsewhere in this contract, Ihe spccinl c1nuse shall govern. 4 31. MERGER RY DEED All covenants, warranties, and representations contained herein shall merge with the deed at time of closing, except as specifically excluded elsewhere in this agreement. Upon delivery of deed by the City, and acceptance thereof by Buyer, the Buyer shall hold the City forever harmless thereafter. 32. FNTIRE AGREFMFNT Upon execution by Seller and Buyer. this contract shall constitute the entire agreement between the parties, shall supersede any and all prior and contemporaneous written and oral promises, representations or condition in respect thereto. All prior negotiations, agreements, memoranda and writings shall be merged herein. Any changes to be mode in this agreement shall only be valid when expressed in writing, acknowledged by the parties and incorporated herein or attached hereto. THIS IS INTENDED TO BE A LEGALLY BINDING CONTRACT. IF NOT FULLY UNDERSTOOD, SEEK THE ADVICE OF AN APPROPRIATE PROFESSIONAL FOR LEGAL, TAX, ENVIRONMENTAL AND OTHER SPECIALIZED ADVICE PRIOR TO SIGNING. Date: -:!!.!-Z~{ .2003 COMMUNITY SERVICE FOUNDATION, INC. By: cJ1dQ ~d;;t..~~ , Lee ~\."ski, President ------..---....-....--......--....-..--........---------..------..----..-------------------------...-----...---- APPROVED AND ACCEPTED THIS _ day of ,2003. Countersigned: CITY OF CLEARWATER, FLORIDA Brian J. Aungst. Mayor-Commissioner By: William B. Horne, II, City Manager Approved as to form: ATTEST: ""' Cynthia E. Goudeau, City Clerk Ebarrellonpwal/dtysells/Fulton Apts CoJIll 03 03 doc 5 Date: .3/~'(.,( t f ,2003 COMMUNITY SERVICE FOUNDATION, INC. By' M~,-~c: Lee Regulski, dent FUL TON APARTMENTS Addendum to Contract For Sale ofI~eal Property By The City of Clearwater, Florida Seller to pay for documentary stamps on the deed. 2 The seller shall furnish to the buyer a complete set of the "as built" plans and rehabilitation specifications, and rehabilitation contract or contracts. Upon completion of the rehabilitation the buyer shall have an opportunity to inspect the property. Any deficiencies found shall be corrected by the seller before closing. It is understood that the property is to be delivered to the buyer ready for occupancy requiring no adjustments or repairs. 3 All warranties and guarantees that are pan of the rehabilitation contracts shall be issued jointly to the City and to the Community Service Foundation as buyer. 4 Closing is subject to the City of Clearwater issuing a Certificate of Occupancy. APPROVED AJ~ ACCEPTED THIS _ day of ,2003. Countersigned: CITY OF CLEARWATER, FLORrDA Brian J. Aungst, Mayor-Commissioner By: William B. Horne, II, City Manager Approved as to foml: ~J:~ ssistant City Attorney A ITEST: Cynthia E. Goudeau, City Clerk Final Agenda Item # PeDS ~l ~. ,,''":.Vl....~..... G~~;.L'" .:.J ...,d/.. ,,- ~ '';'':'" ~ ~ -- ~ '(~u~ ~~ ~\.o Clearwater City Commission Agenda Cover Memorandum ..... Work session Item #: Meeting Date: 04/17/03 SUBJECT/RECOMMENDATION: Approve the final plat for "SUN KETCH TOWNHOMES P.T LAKE AVENUE REPLAT" at the southeast corner of Druid Road and Lake Avenue, lBl and that the appropriate officials be authorized to execute same. SUMMARY: . This replat consists of Lots 15 thru 20, Sun Ketch Townhomes at Lake Avenue. . The lot lines needed to be adjusted to line up with the common walls within these Townhomes. . The Community Development Board on 04/17/01 reviewed the proposed project. . A copy of the plat is available for review in the City Clerk's office. Reviewed by: Originating Dept: ~~ Costs Legal N/A Info Srvc N/A Public Works .~ Total Administration (Tom ^ Mahony) Budget N/A Public Works ~~ User Dept. Funding Source: Purchasing N/A DCM/ACM ./ - N/A Current FY '"T~ CI Risk Mgmt N/A Other NY;' Attachments OP Plan. & Dev. Othor Submitted by: City Manager 1SaJ A,4 ~-. ~ .. _ ~f None Appropriation Code: o Printed on recycled paper Plat Sun Ketch Townhomes at Lake Avenue Replat.doc -. \ --.. " Retu~n r:'o: Don l.!elone I :::Ku./Engir.eering S-o": -.; 79"8- RECEIVED MA,:- 1 ~ . ':: "\ , V "".Il.JJ FINAl. Pl.AT PROr.F:SSING SHFET GAS ADMI(\/ SlTBDIVISI01\: )'!:\:-'lE: SUN KETCH TO\VNHOMES AT LAKE AVE REPLAT D;\TE:!.f/1 }D.? 'l11C location of the propo~cd plat is the Southcast corner of Lake :\\-enuc and Druid Road. This rcpbt is to rc\'ise lot lines due to construction issues. 1. PLANNING DEPARTl\~NT: RE\'IE\X'ED BY: Vlf ' a.) Community Den:lopmellt coordinator (thm ~.) D;\'1'I:::: ~'II'o), Rc\.iew Date: .4.'ft .tf-}.I/./7'Ol b.) Final PrdimiJ1:lry Plat Certification Date: 2. PARKS AND RECREATION DEPARTl\-IENT: lU~VIE\X,'ED BY: 7)Ll-fLt'-f'\t,-':- ttiLGi:::c::\ COM!vfEN'1'S: {' pe--t- .5pct .c L I k D' ,3....t''-''t:z-ti, \, (.. ~"-fXi- ( T fC.-/J ~J~ ,) 3/./0)6-;;- ~ 3J- {~-!:5-. Cf-)'lL~-r- . 3. GAS DEPARTMENT: IU~VIE\V'ED BY: -U?(,Ctc~tv~1 COr--HvfENTS: {{,~ otV'cc-r-r /-11.f' DATE: 3-1;)--6 3 c~'V-~ M t../l..J/~ DATE: 7('fJ!C- J 4. PUBLIC \VORKS .ADM"~~IO~LrRAFFIC: REVIE\XTEDBY: \\. . - '--):\.:..~ COl\~nv E~TS: y> . (jC_' DATE: -. { ~~ -)"1 - c:? 5. PUBLIC \VORKS ADl\H~~~TRATION/PRODUCTION: REVIE\'VED BY: 7/Ly COr--l~lENTS: Ot-- . PlctL 1"uuting FOlm SUll Kelch luw/lholOes dt joke d\'~' n~plat .doc Rev.: 08/13/02 DATE: ),-(( -03 - 1 - 6. DIRECTOR OF ENG~~~RIN~ REVIE\VED BY: Y/t..~ fJ O'~ COt\f1-.fENTS: () f::- ' r- DA 1'E.3 ,.(4"'0 J 7. CITY CLERK (Secrctlry to call Public \Vorks .Administration for pick up after being signed.): (pARCEL NUMBER 14 / 2 q / 1 5" / ~\ &.5(12- / ()OO / (.) 15>-0 ) REVIE\VED BY: OlloO DATE.:---U-1-S-tOJ COMMENTS: ~ ~J& ACCORDING TO OUR RECORDS THE CITY OF CLEARHATER HAS NO 0 I tlO UNPAID LIENS AGAINST THIS PROPERTY. 01liJP o ~____ puty City Clerk:- 8. CITY A'IT~RNEY (Secretary to caJl Publit-\X'O:iks Administration for pick up after being Si'ff1~d~~I_. j{J"'" REVIE\VED BY: ~,t,ji~' f 'n 1<).,..1 , DATE: () <\ Zu ;::, COMlYfENTS: /; {.. h'1 y. /1- 9. CIlYMANAGER (Secretary to call Public \X'orks i\dministration to pick up plat and processing sheet after being signed by City Manager.): 3/ I ' APPROVED BY: DATE: 0 2,. /) ~ ~~J! Final Pl.' Procelllng Sheel Sheet 2 of 2 REV 12/04/97 C I T Y o F C LEA R W ATE R OFFICIAL RECORDS & LEGISLATIVE SERVICES POST OFFICE BOX 4748 CLEARWATER, FLORIDA 33758-4748 PHONE: 562-4093 Harch 18, 2003 Pinellas County Court House 315 Court Street Clearwater, FL 33756 Request Received: Harch 18, 2003 Legal Description: Sun Ketch Townhomes at Lake Avenue, Lots 15, 16, 17, 18, 19, 20 Sec 14-49-15-86592-000-0150, 0160, 0170, 0180, 0190, 0200 Section 14 Township 29 Range 15 See Below for Response. XXXX No unpaid recorded City Liens. For other possible assessments contact the County. For current outstanding Utility bills contact Clearwater Utilities 813/562-4600. (J . j~1..a/11./ l~ - ------- utlr~; ~ ~ ]l CITY OF CL[ARW~TE.R PlJBllC WORKS ADMINISTRATION FOR APPROVAL TO PLANNING & ZONING BOARD & CITY COMl\lI :"1( )N OFFICIAL FOnM FOR SUBMITTING PLAT REQUEST FOR APPROY AL OF SUBDIVISION PLAT AND AGREEMENT TO INSTALL IMPROVEMENTS, ETC. CLEARWATER, FLORIDA ; 'fl! /ZCI-f j() 20.(.'..--3 TO: City of Clearwater, Florida City Hall Clearwater, Florida I. I, (We) X,/ /\./ k-~ 1C" /{ L ,,:> A/ S '7/l (,/('-:. 7/0/1f ,TN t. are the owners of the following described property (give legal descriptioll used on proposed plat or attach separate sheet if length requires): f'N-f-iB/T A /1-///1c H ~(:J and represent that all taxes have been paid on such property and that the property is free and clear of all encumbrances except (list in details): IV 0 /<./ ~:::. all lien holders must join in signing plat and in signing this letter), 2. Herewith is submitted a proposed plat (must be copy of proposed final plat complete except for signature) of such property as a subdivision located within or adjacent to the City thereof, to be known as ;:; (/ "Y /C f":-T/" ~ 7['l(//vl-(D-11'f?> fl-T Llf-kE ~Vf?NUf3. R-f3.1.:=zi!7 and respectfully request that such plat e approved by: (a) The City of Clearwater Planning & Zoning Bard and PW NEngineering department. (b) The City Commission of the City as required by the Charter and Ordinances of the City 3. And, as an inducement for the procurement of such approval. (I,We) for myself (ourselves) 5v N' IC~ l? II t' (~'Jvs. f(Z'~';:-7/r/V .IJ N(~- and my (our) ... heirs, executors, successors, legal representatives and assigns, do hereby covenant and agree with the City of Clearwater that I (we) will construct, erect and install within such subdivision, within a period of 365 days from the date of such approval by the City Commission, the Subdivision improvements as described in and required by Chapter 133, Clearwater Code of Ordinances. All improvements are to be approved by the City Engineer (if any of the following are already installed so note, or if it does not apply, indicate as Nt A): N/ ;1A. STREETS: /'1//1 B. CURBS AND GUTTERS: 1\1/1) C. SInEW ALKS: IV/I) D. PARKWAYS: /V/I/ E. EASEMENTS: I';!jf F. SANITARY SEWERS: IVIJ G. STORM SEWERS AND DRAINAGE: /'11/1 H. UTfLITY LINES: jV/ft; I. RIGHTS-OF-W A Y IWI 1. STREET LIGHTS AND STREET NAME SIGNS 4. In order to secure compliance by the undersigned with the covenants and agreements set forth herein and within the time limit given above, there is hereby handed to you a performance surety bond or bank escrow account in the sum of $ , the estimated cost of the required subdivision improvements as prepared by a Florida Professional Engineer and approved by the City Engineer. IN WITNESS WHEREOF, I (We) have hereunto set ~ hand(s) and affixed ,,_.___ seales), this /6/"" day of~ II ~t.'1 c4, :;t&t:' 3 .5 VN ~e?Z,..( ,t:.;r/U;-:- .T.A4.5EAL) , .,/// / tAfvlfif b //H~CA .,a;.,:/, (SEAL) k#'~'; tJ't~ (pt/;,-f/? ?f?,r-/,/ ;JlZe>-(I?~,N ." (SEAL) Signed sealed and delivered In our presence: W0 ~ C WITNESS ~'~~L> W ESS STATE OF FLORIDA COUNTY OF PINELLAS The foregoing instrument a~ acknoledge~fore me this I c;r/r, Of 01~( Ch , 20 lJ 3 by a j/tJ;: ttJ. C!VQ/" (I? I-h ~hOIs personally know -.0 me or who has produced i entl IcatlOn an who 0 did Rmd not take an oath. day as e of person taking acknowledgement (;;; 1211~)q- D. 1/(/ n-J~/' Type/print/stamp name of acknowledger "p\~y.~ ERIKA 0, HUNTER ... ...~ ~ MY COWISSION, DO 178'45 .,~~ EXPIRES: February 17,2007 ~I't Of f\.dI' Bonded TIn Ilv:IgIl NolIIy SeNk:et Title of rank and Serial No., if any LEGAL DESCRIPTION Lots 15, 16, 17, 18,19 and 20 of "Sun Ketch Townhomes At Lake Avenue", according to the map or plat thereof, as recorded in Plat Book 125, Pages 47 and 48 of the Public Records of Pinellas County, Florida, Containing 0,743 acres more or less, . ITEM # 22. f"!-""''''''''''... ./S\~L"~~",- ~~~~.. l(j ..,\1/, . "'\ l~ ~~=-: ,~) ~~~~~.~ ...~.'". FlIlal Agenda Item # fl L~) 0 ~~ Clcar\\~1t('r City Commission Agenda Cover \ lemorandul11 ','Jork session Item #: Meeting Date: 4/17/03 SUBJECT/RECOMMENDATION: Approve a Proposal for Services in the amount of $90,000 from Grimail-Crawford to perform phase two of the Beach to Bluff Guideway Study pursuant to City Code Section 2.564(1 )(b), sole source purchase. lEI and that the appropriate officials be authorized to execute same, SUMMARY: · In 2001 a preliminary feasibility study was completed for a guideway system from Clearwater Beach to the downtown bluff. · Although general in nature, the study indicated that the guideway could be financially feasible. · In order to keep pace with the ongoing Pinellas Mobility Initiative, it is recommended to proceed with a second phase study which will provide more detailed analysis and information regarding ridership projections, cost estimates and alignment alternatives. · This study will also analyze various implementation scenarios and will identify the factors needed to attract implementation partners. · A final Action Plan Report will be produced that will focus on issues such as engineering work efforts required to formulate a Request for Proposals (RFP) for vendor-partners, legal issues that need to be addressed prior to a RFP, coordination efforts for a RFP and finally a potential timeframe for issuance of a RFP. · The consultant chosen, Grimail- Crawford, was selected as a sole source because they are currently under contract with Pinellas County as the consultant for the Pinellas Mobility Initiative study which includes the beach to bluff segment. In addition, the firm that did the 2001 preliminary study for the City is a sub-consultant to Grimail- Crawford on this Pinellas County study. · The anticipated completion date of this phase two study is four months from notice to proceed. . The lump sum fee for this study is $90,000. · Capital project 315-92268, Bluff to Beach Guideway, has a current budget of $50,000. A mid-year budget amendment will transfer $40,000 of Local Option Gas Tax revenue from the Capital Improvement Program project 315-92555, Intersection Improvements, to 315-92268, Bluff to Beach Guideway project, and provide sufficient funding for the balance of this proposal. · A copy of the proposal is available in the Official Records and Legislative Services Office for review. Revip.wod by: _ Originating Dep~:'I..'JI Legal ~1-'3 ./" Info Srvc NA, Public Works(P. Be~els) -- - Budget ~1 Public Works ~.\ L User Dept., 0 Purchasing E DCM/ACM ....----A-- , ---'l.{\ l\ Risk Mgll1t NA Other NA-" Attachments Costs: Total $90,000 Current FY Funding Source: CI X OP Other Submitted by: City Manager U ~ o None I Appropriation Code: I 315-92268-561300-541-000 ." p.J Printed on recycled paper Rev. 2/9B SCOPE OF SERVICES CLE..\R\\'..\ TEn BEACH TO BLUFF C;CIDEWA Y IMPLEl\IEN'L\TION FEASIBILITY/ACTION PL:\~ Purpose: The purposl.: of this task work order will be to develop a feasibility/action plan relating to the potential implementation of a monorail or pl.:ople mover h:tween downtown Clearwater and Clearwater Beach. The work product \Vi II be an act ion plan that identilies responsibilities and tasks required to develop a public/private partnership to implemcnt this system. The report will enable City decision makcrs to cvaluate the options for bringing the systcm to reality, and will be able to undcrstand the commitmcnts rcquired of the city and its potential private sector partncrs. Thc fJllowing sections outline the tasks to be perfomled. the work products of the tasks, the schedules for completion of the tasks, and the estimated cost for each task. Additional optional tasks are broadly outlined for city consideration. with specifics on those tasks to be rclincd and detl.:rmined at a later date. Tusk 1 - Revicw of Key Datu from Previolls Study Key data developed for the 13I1!({-to-Beach Guideway Recollnaissance Stl{(~V (the Recollllaissance Stu{~l') will be rcviewed lar potcntial rcfinemcnt as part of the action plan. Specifically, data to be reviewed will include ridership/patronage forecasts. cost estimates, and alignment altematives. Proposed revisions to these data will be made as a part of the action plan. if applicabie. A key consideration of the action plan is the technology alternatives analyzed for The Reconnaissance Stlldy. Key to this review will be the deten11ination of the capability of the system envisioned in that study to be expanded for countywide use. I f the system can be expanded to countywide service. there may be funding opportunities from county sources that could be used for systcm implcmentation as the first stage of a countywide system. If the system is not capable of expansion, then county resources may not be available. Upgrading the systcm alternatives to accommodatc countywide expansion may incrcase the cost of the system, however. As such, discussions with City and county officials as to the availability of funds will be held to determine the potential bcnefits of a technology upgrade. Task 2 - Analysis of Alternative Implcmcntation Scenarios Building upon the work presented in The Reconnaissal/ce SllU(F, several implementation sccnarios will be dcveloped. Anticipated sccnarios include a franchise agrecmcnt, a public/private venturc. or a public venture. Kcy issues related to each of these scenarios will be dcveloped ami analyzed. with thc rcsults prcsentcd as a part of the final Action Plan Rep0l1. Illuffto lklCh (Juidcway Actiolll'lall SCI'1"= I1fScrviccs Augu,t 19. 2U02 l'age I of) Issul:S to be analyzed under each of these scenarios include: . Procurement and contracting requirl?l11ents . Availability and use of public rights-ol:way . Funding and linancing methods . Responsibil ities and Ii nancia I comlll i tmcnts of the City . Responsibilities and financial comlllitmcnts of the private partncrs . Action items required to further system implemcntation A matrix will be developed that idcntifics each of these items related to eal.:h implementation scenario. This matrix will form the basis of a recommcnded plan of action to further implementation activities. Task 3 - Conditions I~eqllired to Attract Implementation Partners As pmt of this task, the Consultant will idcntify the factors that wi II detennine the level of expected private scctor participation. These factors wiII include conditions under which the project might be an attractive investmcnt for the private sector, ie. where and how docs the private sector get a return on investment? After analysis of these factors, a list of potential implementation partners can be developed for City consideration. This list will be comprised of groups or entities that have a known track record of investing in infrastructure projccts. From this list, the city may be able to initiate contacts in future implementation phases. A summary of these contacts and infomlation will be provided as a part of the Final Action Plan RepOlt. Task 4 - Final Action Plan Repo 11 Based upon the results of the above, a Final Action Plan Report ,.tetion Plan) will be produced that prescnts updated infonnation from the Reconnaissance Study, the altematives analyzed for the Action Plan, the responsibilities and commitments matrix, the infonnation reccivcd from potential partners, and a preliminary plan of action for the City to pursue to fmthcr implcmentation activities. The Action Plan will focus on issues such as: . Engineering work efforts required to formulate an RFP for vendor-partncrs . Legal issues to be addressed prior to issuance of an RFP . Coordination ertolts required prior to issuance of an RFP. . ^ potential time frame for issuance of an RFP. Task 5 - Coordination mnl Presentations The Consultant will coordinate with City staff on an as- needed basis, but no less frequently than once a month during the development of the Action Plan. It is expected that the Consultant would make one prescntation either to the City Commission or to a City Commission workshop to discuss the results of the Actioll Plan. BlufTtn Bcnch liuidc\\ny Actinu I'lan Scope <,fScrviccs August 19.2002 Pagc2of.l Schedule: It is anticipate that the Action Plan Report will be completed within 4 months from receipt of Notice to Proceed from the City. The presentation to the City Commission would occur after City staff review of the draft Action Plan. Fce: The above tasks will be completed for a lump sum fee of $90,000. Invoices will be issued monthly by the Consultant that renect the estimated percent complete of the project for each month. Based upon city agreement with these percent complete estimates, the City will pay the Consultant each month for the amount of work completed during that month, A detailed breakdown of estimated fees by task is included in Table I. DlufflO Bench Guideway I\clioll Plan Scope of Services AlIgnsI19.2002 Page J of 3 CI~ar\\'ater City Commission Ag\?ncla Cover ivkmorandum Work session Item # P LlJ 5 Final Agenda Item # :;\ '~ Meeting Date :\I'ril 17. 211113 SUBJECT/RECOMMENDA TION: Approve an Interlocal Agreement among City of Clearwater. Pinellas County Board of County Commissioners, Pinellas County School Board, and eleven cities within Pine lias County regarding the future planning for public schools. o and that the appropriate officials be authorized to execute same SUMMARY: In the 2002 Legislative session, the Florida Legislature passed a bill requiring a public schools interlocal agreement among each Florida county school board. the respective county and all cities with existing or planned schools within its corporate limits. The attached draft Interlocal Agreement is the document proposed to meet the legislative requirement in Pinellas County. The Department of Community Affairs established a schedule for compliance with the legislation. For Pinellas County and its cities, the agreement must be submitted to the State no later than May 1, 2003, According to the legislation, the interlocal agreement must address the following ten elements. The method by which the draft Pinellas County agreement proposes to meet the requirement is shown below. The major elements are listed in the same order as in the attached draft agreement. 1. Student enrollment and projections: Based on the Metropolitan Planning Organization demographic data, the School Board will prepare student enrollment projections. The local governments will have an opportunity for review and comment. 2. Coordinating and Sharing of Information: The School Board will notify all local governments of new construction, remodeling, renovations, closures of change in type of school through the annual update of the five-year work program. Each local government will notify the School Board of any application for residential development or redevelopment, land use plan amendments. rezoning, and major infrastructure projects that may impact public schools. 3. School Site Selection: Prior to land acquisition, the School Board shall notify the local government of any school closures, significant renovations to existing schools and new school site selection. The local government shall review the proposal for consistency with its Comprehensive Plan. 4. Supporting Infrastructure: The School Board and any affected local governments shall jointly determine the need and responsibility for providing infrastructure improvements for a new or renovated school. Reviewed by: Legal Budget Purchasing Risk Mgmt. IS ACM Other Submitted by: M~ City Manager <A ~J PonIed on recycled paper Originating Department: Costs: Commission Action: Planning Departme~t/ Cyndi Tarapani (J.J;r User Department: Planning Depart o Approved Tolal 0 Approved with Conditions o Denied Current Fiscal Year 0 Continued to: Funding Source: o Capital Improvement o Operating o Other. Attachments: Draft Interlocal Agreement 2 Letters from DCA Letter from Pine lias County Minutes from BCC Advertised: Date: Paper: o Not Required Appropriation Code Affected Parties o Notified o Not Required o None 5, School Capacity: The School Board will determine the student capacity for each school and annually notify the local governments, 6. Five-Year School Plant Survey and Work Program: The School Board will annually notify each local government prior to initiating the plant survey and work program and give each local government an opportunity to comment and provide testimony at the public hearing to take action on the survey and work program. 7. Collocation and Shared Use of Facilities: The agreement encourages collocation and shared use of School Board and City facilities. A separate agreement for each shared use will be established between the School Board and local government. 8. Conflict Resolution: Any conflicts arising out of this agreement shall be resolved according to Chapters 164 and 186, Florida Statutes. 9. Oversight Process and Public Participation: Representatives from the School Board and local governments will meet each year to review the agreement. Public participation will be allowed at any meetings discussing the agreement. The Pinellas County Planning Director will schedule, coordinate and facilitate the meeting. 10. School Board Participation on Local Planning Agency: A School Board staff member will be invited to and may participate as a non-voting member on any application for a land use plan amendment and/or rezoning that would increase residential density. In Clearwater, the School Board staff member would attend the Community Development Board meetings. Vice-Mayor Gray was delegated to represent the Clear.vater City Commission on the county-wide committee of elected officials that developed the draft agreement. The Committee met monthly beginning in September. 2002 and held its last meeting on January 23, 2003. The draft agreement was then submitted to the State Department of Community Affairs for a preliminary review. On February 14, 2003, DCA sent a letter indicating that the draft agreement includes all required components (Copy of letter attached.) On March 13, 2003, DCA sent a followup letter indicating four areas requiring clarification (Copy of letter attached.) A draft letter, not yet sent from Pinellas County Planning Director Brian Smith to DCA dated March 17 is also attached and addresses the concerns identified in the second DCA letter. Should this letter not resolve DCA's concerns, the county-wide committee would likely meet again to develop amendments to the agreement to gain compliance with the legislation. . The final attached document is an excerpt from the minutes of the March 4, 2003 Board of County Commissioners meeting at which the Board authorized the County to sign the interlocal agreement. 2 INTERLOCAL AGREEMENT THIS AGREEMENT is made and entered into between the Board of County Commissioners of Pinellas County, Florida (hereinafter referred to as "County"), the City Commission or City Council of the Cities of Clearwater, Dunedin, Gulfport, Largo, Madeira Beach, Oldsmar, Pinellas Park, Safety Harbor, Seminole, St. Petersburg, St. Pete Beach, and Tarpon Springs, Florida, (hereinafter referred to as "Cities"), and the School Board of Pinellas County, Florida, (hereinafter referred to as "School Board"). WITNESSETH: ' WHEREAS, the Legislature has enacted section 163.31777, Florida Statutes (2002), requiring that each county and the non-exempt municipalities within that county enter into an interlocal agreement with the district school board to establish jointly the specific ways in which the plans and processes of the district school board and local governments are to be coordinated; and WHEREAS, section 163.31777 (1) (d), Florida Statutes (2002), provides that interlocal agreements between local governments and district school boards adopted pursuant to section 163.3177 before the effective date of section 163.31777, Florida Statutes (2002), must be updated and executed pursuant to the requirements of section 163.31777, if necessary; and WHEREAS, the School Board, the County, and the Cities enter into this agreement in fulfillment of the statutory requirements and in recognition of the benefits accruing to their citizens and students residing in Pinellas County. NOW THEREFORE, it is mutually agreed between the School Board, the County, and the Cities that the procedures hereinafter set forth will be followed in coordinating land use and public school facilities planning as provided in section 163.31777, Florida Statutes (2002), '1. Student Enrollment and Population Projections. In fulfillment of their respective planning duties, the County, Cities, and School Board agree to coordinate and base their plans upon consistent projections of the amount, type, and distribution of population growth and student enrollment. The Metropolitan Planning Organization's Technical Coordinating Committee (TCC) staff will annually utilize established procedures to develop population growth projections for each Traffic Analysis Zone (T AZ) in the County, which will be provided to the School Board and all local governments. The School Board will use this data along with student enrollment, birth rates, Florida Department of Education projections, and other relevant data to project student enrollment. The preliminary enrollment projections and how they are developed will then be provided to the TCC and all local governments for review and comments, Final enrollment projections will be provided to all local governments. See section 163.31777 (2) (a). , ' '. .. 'I I,! II ;:.-,. I I : :, ... (a) The School Board will notify all local governments of proposed school facility changes, such as new construction, remodeling, renovations, closures or change in type of school that may have an impact on a particular local government. This notification will be provided by furnishing a copy of the school district's annual update of the district facilities five-year work program with a written summary describing the proposed changes in each jurisdiction. The notification will be provided to the person designated by each local government. The School Board will also provide to each local government a copy of the district's five-year school plant survey and any annual updates with sufficient time for local government review and comment. (b) Each local government will inform the School Board in advance of approval of plans for residential development and redevelopment, land use plan or zoning changes that change residential densities, and major infrastructure projects that may impact public schools with sufficient time for School Board review and comment. Such notification, where appropriate, should include the proposed site plan that indicates the location, size, the number and types of units (number of bedrooms), price range of the units, any deed restrictions that may impact student population, and other information as may be appropriate. See section 163.31777 (2) (b). 3. School Site Selection, Significant Renovations, and Potential School Closures. Participation by each affected local government with the School Board in the process of evaluating potential school closures, significant renovations to existing schools, and school site selection before land acquisition shall be in accordance with existing interlocal agreements concerning school site selection. The parties to each interlocal agreement will review the agreement and amend as necessary to handle proposed school closures and significant renovations to existing schools. See section 163.31777 (2) (c). 4. Supporting Infrastructure. In addition to the notification required in paragraph 2(a) above, the School Board will notify each local government of the need for on-site or off- site improvements to support new, proposed expansion, or redevelopment of existing schools within the jurisdiction of that local government. Thereafter, representatives of the School Board and the affected local government will meet and determine the responsibility for making such improvements and identify other agencies that should be involved. The parties will then meet with the other agencies to coordinate the completion ofthe on-site and off-site improvements. See section 163.31777 (2) (d). ~~. School C~}pE1city. The School Board will determine the capacities of all school facilities in accordance with the rules adopted by the School Board in the applicable student assignment plan and annually notify each local government of the capacities of the schools within its jurisdiction. The annual notification will indicate how many spaces are allocated to permanent capacity and how many are allocated to relocatable classrooms. See section 163.31777 (2) (e). ~:':<~"<;. ; i.~,i.':.:t'~~.~:' ;-{.,:'.-; \/.~t.l; :'.;;.:f~<::;i' !~.::,.. fii' ...:U;'-:,':/ .:~.;(~ ..':.L:,:'i;i-:~' (;:l(.i;h~..,:", ;. :'.,r,,;"'\(:::~~1 ':'.,feid,: ;'~" 'Ui.,:::';i. The School Board will notify each local government of the initiation of the district's five-year school plant survey and of the initiation of the annual update of the district facilities five-year work program and request comments and recommendations for consideration in the development of the survey and work program. Each local government will provide comments and recommendations to assist in developing the final recommendations to be submitted to the School Board for approval. Each local government will be provided with <:l copy of the recommendations concerning the survey and work program at the time they are provided to the School Board. Each local government will be notified of the date and time of the meeting at which the School Board will take action to approve the survey and work plan. Copies of the approved school plant survey and district facilities five-year work program will be provided to each local government. See section 163.31777 (2) (t). 7. Collocation and Shared Use of Facilities. The collocation and shared use of facilities are important to the School Board and local governments. The School Board and each local government will look for opportunities to collocate or share the use of each entity's facilities. Opportunities for collocation and shared use will be considered for libraries, parks, recreational facilities, community centers, auditoriums, learning centers, museums, performing arts centers, stadiums, healthcare and social services, schools, and other uses as may be determined appropriate. An agreement will be developed for each instance of collocation and shared use to address legal liability, operating and maintenance costs, scheduling of use, and facility supervision or any other issues that may arise from collocation or shared use. See section 163.31777 (2) (g). 8. Conflict Resolution. If the parties to this agreement fail to resolve any conflicts related to issues covered in this agreement, such dispute will be resolved in accordance with the governmental conflict resolution procedures specified in Chapters 164 and 186, Florida Statutes. See section 163.31777 (2) (h). 9. Oversight Process and Public Participation. Each year the parties to this agreement will each appoint an elected representative and a staff representative to meet and to consider the implementation of this interlocal agreement and propose amendments for improvement if deemed necessary. The county planning director or his or her designee, will schedule, coordinate, and facilitate the meeting. The public will be provided an opportunity to provide input at the meeting. Each governmental entity will be provided with a copy of any proposed amendments. If all parties agree to the proposed amendments, a written amendment to this interlocal agreement shall be executed. See section 163.31777(2)(i). j (). :,~:f"H)(11 iJp;ljlJ i~;.inidpdtion ill Lnc;.l,1 ('L-,!\Hinn /\q\:'!1C:/. Each local government in the County with an existing public school will include a School Board staff representative as a member of the Local Planning Agency as a nonvoting member. Each local government will notify the School Board staff representative of the time, place. and agenda of all meetings of the Local Planning Agency. The School Board staff representative may participate in deliberations regarding comprehensive plan amendments and rezonings at which the Local Planning Agency considers such amendments and rezonings that would, if approved, increase residential density on the property that is the subject of the application. 11. As required by section 163.01(11), Florida Statutes, this Interlocal Agreement shall be filed with the Clerk of the Circuit Court of Pinellas County, Florida, after the execution by the parties, and shall become effective upon the date of filing. IN WITNESS WHEREOF I the parties hereto have executed this agreement on the dates indicated. THE SCHOOL BOARD OF PINELLAS COUNTY, FLORIDA By: Chairman Witness as to Board: Secretary Approved as to form: Date Signed: School Board Attorney SCHOOL BOARD OF PINElLAS COUNTY Countersigned: CITY OF CLEARWATER, FLORIDA By: William B. Horne II City Manager Brian J. Aungst Mayor-Commissioner Approved as to form: Attest: Cynthia E. Goudeau City Clerk Leslie K. Dougall-Sides Assistant City Attorney CITY OF DUNEDIN, FLORIDA A Municipal Corporation APPROVED AS TO FORM: By: Print: Mayor Print: City Attorney By: Print: . City Manager ATTEST: Print: City Clerk CITY OF GULFPORT, FLORIDA By: Print: City Manager APPROVED AS TO FORM: ATTEST: Print: Print: Title: City Clerk City Attorney CITY OF LARGO Mayor ATTEST: City Clerk APPROVED AS TO FORM: City Attorney CITY OF MADEIRA BEACH City Attorney Mayor Attest: City Clerk CITY OF OLDSMAR Mayor City Manager Attest: City Clerk Approved As To Form: City Manager ATTEST: CITY CLERK ATTEST: City Clerk ATTEST: City Clerk Approved as to form and content: City Attorney CITY OF PINELLAS PARK, FLORIDA By: MAYOR APPROVED AS TO FORM: BY: City Attorney CITY OF SAFETY HARBOR, FLORIDA A Municipal Corporation By: City Mayor By: City Manager CITY OF SEMINOLE Mayor City Manager CITY OF ST. PETERSBURG ATTEST: Clerk of the City Council By: Approved as to form and substance: City Attorney CITY OF ST. PETE BEACH By: . City Manager By: Mayor ATTEST: APPROVED AS TO FORM: City Clerk City Attorney ATTEST: City Clerk (CITY SEAL) Attest: KARLEEN F. DEBLAKER, CLERK By: Deputy Clerk (SEAL) CITY OF TARPON SPRINGS, FLORIDA Mayor/Commissioner City Manager APPROVED AS TO FORM: City Attorney PINELLAS COUNTY, FLORIDA by and through its Board of County Commissioners Approved as to form: By: David Sadowsky, Senior Assistant County Attorney This documcnt was prepared with input Ii-DIn Pincllas County local governments and the Schooll3oard of Pine lias County. 1906 Committee Adoption: January 23.2003. HF'R-;J,2-'::)Zl83 O'?; 5::- FP:EL.L':': ':CI_-~;-,' PL~rir'l;'.':; ~-"..., I":", ~H:,... J'e:'::- P. ;J:"'e:', .-..... STATE OF FLORIDA OEPARTMENT OF COMMUNITY AFFAIRS "Dedicated to making Florida a better place to call home' 118 BUSH Gc,vrrror COllEN CASTILLE S<<r~r; February 14, 2003 Mr. Brian K. Smith Director, PinelIas County Planning Department 315 Court Street ClcarNater, FI 33756 Dear Mr. Smith: The Department received your Draft lnterlocal Agrel'ment between Pinellas County, the municipalities in the County, and the Pinellas County School Board. You indicated that you wished the Department to review the draft agreement to see if it met the requirements of Sections 163.31777 and 1013.33. F.S, for an interlocal agreement for public school facility planning. The draft agreement does include all required components, The Department recognizes the work done in putting together this agreement and looks fOIV.'aru to helping Pinellas County and all the mlUucipalities implement this new requirement. The County's dedication to the comprehensive planning processes is evident in your ;::ommitment to meeting this new requirement. If you have any questions or need additional information, please contact Marina Pennington at (850) 922-1809 or via e-mail at marina. pelUungton@dca.state.fl.us. SincerelY~1 '\ /1 . ..;; f v ~\_../--r' )/~'7 , I Mike McDaniel Regional Planning Administrator Il {2.' '1'/ ....., I , " !.. c.--.~ -------./' 2555 SHUMARD OAK BOULEYAIltD . TALLAHASSEE, FLOlltlDA 32399-:Z100 Phone: 850 ~88.8~66/Suncom 276.8466 FAX: 850.921.0781/Su/lcom 291.0781 ) nt l'r net add ress: b.t~D: II tlW'ti. de" _ stb t e~ CIUTlCAL $TATl (0"'1"11I "'ll) oma :l<J6 ~~I Wi9""'~, s."., 112 H,lrI!:\.1I\, IL 3J'S(} 1221 (JO';) 2!l~1402 COM14UNm PUJIlNIIfG 1..\55 5llulT\oltd ~.. ~IMI'd ~,!__, ,~ 12'~1100 ,il'ilJ) 4IVI,lJ\6 t:HIR<iINCY I'lANAGf14fJiI'T ~S5S 911,,,,,", ~ ~;:J[l TI16""'twf'. F\ ll.lt').21~ (IV.) '13'~9 ~c\U(J NG" CO""'411NJn' DIVILO"4mr m~ Sh,/ft'...s OI~ 1Ou~~ T".tI'...~, ~ lll~lI()) e!<il ~'9W> ;"HP- 3 : - a103 15:22 P I ~;:::LL'::~, ::CL'~ l- '. PLAt'lt-lI'.:; "7Z( ...lS4 , . ::c:- -. _..' P.O:J3 STAie OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS "Dedicated to making Florida a better place to call home" .lEG BUS H QjV\lr'I()( COI.l.EN CASTILLE S~croliJry March 13, 2003 Mr. Brian K. Smith Director, Pinellas County Pl;mmng Department 3J 5 Court Street Clearwater, FI 33756 Dear Mr, Smith: F.... , The Department received your Draft 1nterloeal Agreement between Pinellas County, the municipalities in the County, and the Pinellas County School Board, You indicated that you wished the Department to review the drait agreement \0 see if it met the requirements of Scctions 163.31777 and 1013.33, F.s. for an interloeal agreement forpuhlic school facility planning, The draft agreement docs includ~ all required components; however the following issues require fUI1her clarification: ]. Section 1 of the dratl agreement refers to coordination of student enrollment ami population projcction:\. It is unclear how, beyond providing popnlation projections by TAZ, the local govcn1l11cnt will interact with the School Bonrd to geographically ullocate student enrollment growth ami change. 2. Sectiorl 3 makes reference to existing intcrlocalagreemenls concenling 5(,hool site selection, Plc;:\sc clarify if the existing agreements make provision for lOl~al gov~mmcllts to notify the School Board regarding consi$tency with the comprehensive plan. ), Section 5 - School Capncity- relics on an annual report from the School Board to local governments on capacities of the schools within thl--lr jurisdictions. The parties may wish to consider whether an annllnll~ort i!llhe most effective and timely approach for lh<:: School Board to communicate the impact of development decisions un school capacity, ^n alternative would be for the School Board to provide specific r.:.porrs regarding the 2555 SHUMARD OAK 1!I0ULEVARO $ TALLAHASSEE, FLO~IOA 323911.2100 Pt"onc, 850 488 S466'Sl.ncom 2788466 FAX 650,921Qi'!31/Suncom ::91.0781 ! n I ,~ , n Q tOld :1 ,or. s !.l.lJJLt!..;~...QS .::t , S t ;1 t l~ flu s CRlllCAl SUlF. :ONC~RN I'lnOorF'CE )/f,; O\'PI\lIl" M.CI'\",~\' SuM;.:t ....".,:tlO"l. r~ ~,,~').;;'~1 ()~~) :~~';4C: CO"''''U~17Y I'l"'NN'NG ;~5~ ,s.o..I":"~ ('1.. ~:J..or~ ".. a",\,... )ol !&..~~4)..2") (IOX'I .~~.i"~~ E""l:C;;'lC'V ......,"G~ ...r..' ,!~"'! ~....."......,~ ('... ~O<. ....1 cj T~II).....H'~~ rl rl;i- i-i':' ,~~:; ,~~ :,.1. '1OV~";; , CO"''''UNITY O~\lf.lO'MENT :S!~ S......--u'd OJ!. ".)l,'c-..)'''' ..1~'..,,,,.,,~V",,. H li')'H.I'~ ,u~.,):..",.I~~' r-1HR-3:-208315:22 PI NELLAS CruNTY PLANN I ~IG 7Z7 464 4:55 P.02/03 Mr. Brian K. Smit~ March 13, 200J Pugl: 2 impact of individual compr~hensive plan amendments, rezonings, am] de\,(;lI(Jp1l1~nl projects on school capacity "t the lime of their consideration. 4. Bcllcair. Belleair Beach, Belleair Blun: Bcllcair Shores, Indi~\1l Rocks Beach, Indian Shores, KeMcth City, Reddlngton Beach, Reddington Shores, SOllth Pasad~na and Tl'eaSllre Island arc scheduled to participilte in lh~ agreement. As written, the draft docs not incJlId~ these local govcnuncnts. Th~ Department recognizes the work done in putting together this agreement and looks Iorwunl to helping Pinellas Coullty and all the municipalities implement this new requirement The County's dedication to the comprehensive planning processes is evident in your commitment to meeting this new requirement. If you have any questions or need additional infonnation, pl<:asc contact Marina Pennington at (850) 922-1809 or via e-nu1il at Ill:lrinn. pcnnin~t()n@dca.state.fl, us, S incel'cly, Mike McDaniel Regional Phmning Administrator ":'FF'-.):'-~~~.J3 C"3: 58 p r tiELLHS ': cu~rl' PL':" i' Jj t lei 72'7 ~~~ l' CC:- "4... w'_' MJrch 17,2003 Mr. Mike McDaniel Regional Planning Administrator Department of Community Affairs 2555 Shumard Oak Boulevard Tallahassee, FL 32399-2100 DJ\A.Fr.I~' Dear Mr. McDaniel: I am in receipt of your letter dated March 13, 2003 in which you provided comments on the draft Interlocal Agreement between Pinellas County, twelve of the municipalities in the County. and the School Board of Pinellas County. As you will recall, the draft Agreement was developed on a countywide basis through the full cooperation of the School Board. all of the affected municipalities. and the County. While your letter stated that the draft agreement includes all of the components required in Sections 163,31777 and 1013.33 of the Florida Statutes, you did raise four issues that require further clarification, I wanted to take thiS opportunity to respond to those issues, and hopefully resolve any questions the Department may have to your satisfaction. 1. The first question was how would the local governme"t and the School Board geographically allocate student enrollment gro\-\lth and change once population projections have been provided by Traffic Analysis Zone (TAZ)? Fortunately, School Board staff has participated since the mid- 19905 in a multHurisdictional process to project population growth within Pinellas County using the Technical Coordinating Committee (TCC) of the Metropolitan Planning Organization. The craft Interlocal Agreement builds upon this existing intergovernmental coordination process by more formally integrating these projections done at a small geographiC seale (there are 760 T AZs in Pinellas County) with the School Board's student enrollment projections. The School Board is able to aggregate the T AZ population prOjections into larger geographic subareas of Pinellas County that best meet their needs for projecting sellool enrollment. As noted in the draft agreement, the School Board will use other sources of data, In addition to the T AZ projections, to develOp their preliminary enrollment prOjections. Before finalizing public school enrollment orojections. the School Board will be required to submit their preliminary projections by geographic allocation along with the methodology usee to develop the projections to the TeC and all local governments for review and comment. ThIS step allows local governments to interact with the School Board at the staff level to refine the projections based on additional information that may be provided by the local governments This interaction is further = . 030:: hF~-02-~J03 09:59 PI t,I::LLHS ': cu~r't' PLHrl'J IIIG ';'27 4E4 4:5:. ;:'. ~:..; ,0:. facilitated through the School Board having a staff representative on the TCC. 2. The second question was whether the existing interlocal agreements concerning public school site selection make provision for local governments to notify the School Board regarding consistency with the local comprehensive plan? I am attaching the Interlocal Agreement between Pinellas County and the School Board adopted in 1996. Tile Agreement is based on a model agreement that was developed through a cooperative staff effort of the School Board. Pinellas County, several municipalities, and the Pinellas Planning Council in response to the Educational Facilities Siting Act. The Agreement includes two options for determining whether a proposed public school site is consistent with the local comprehensive plan. Both options (summarized in Exhibit 1 of the attached Interlocal Agreement) require that the local government, after a public hearing by either the local government or the School Board, make a determination of whether the proposed site is consistent with the local comprehensive plan. 3. The third comment from DCA questioned whether an annual report on school capacities would be the most effective and timely way for the School Board to communicate the impact of development decisions on school capacity. [Jim, please provide a response to this question. Thanks.] 4. The fourth issue raises the question of why twelve of the Pinellas County municipalities are not included in the draft Agreement. In answer to this question. I have attached a letter from Mr. James Miller, Director of Real Property Management for the School Board. The letter explains that these twelve municipalities are not included in the draft Interlocal Agreement because they have no public schools located within their boundaries. In addition, the Plnellas County School Board's 5-year facilities work program and the long-term 1 O-year and 20-year work programs demonstrate that no new school facility is needed within these municipalities. Consequently, according to Section 163.31777, F.S., they are exempt from the requirement to enter into the interlocal agreement I hope that the above explanations adequately respond to the issues raised by the Department regarding the draft Interlocal Agreement. Because of the limited time remaining before the Interlocal Agreement has to be submitted to the Department (by May 151 of this year), the School Board and the local governments have already begun their respective processes to adopt the I nterlocal Agreement. The Pinellas County Board of County Commissioners adopted the Agreement on March 4, 2003. riFP-82-a-:03 89:59 Plt~ELLAS I:cur'( PLPJif-jU.':i 7'Z7 46~ ,;J: :.:; Thank you for your comments on the draft, and if you have any questions on the contents of this letter, please feel free to contact me at 727 464-8200. Sincerely, Brian K. Smith, Planning Director Attachments G:/M<lrch i 7to DCA,03 P, OS/H5 TOTR.. P,0S MAR-3:-2803 15:22 PI NELL AS COUh TY' PLR~'lN I ~lG 727 ~5q 4155 P.03/03 ,~U"<!"'V ,,;,"'r.\.~,(..}~ No,_ Bee 9:37 A.M. 13 03-04-03 ' RUBIO/Harb/Smitke #43 INTERLOCAL AGREEMENT WITH THE CITIES OF CLEARWATER. DUNEDIN. OULFPORT. LARGO, MADEIRA BEACH, OLDSMAR. PrNELLAS PARK. SAFI::.TY HARBOR. SEMfNOLE, ST. PETERSBURG. ST. PETF. REACH AND TARPON SPRINGS AND THE SCHOOL BOARD IN RESPONSE TO THE REQUIREMENTS OF SENATE BILL 1906 - APPROVED Chairman St:el rt:commended approval of' an Intcrlocal Agrt:~mcnt with th~ Cities of Clearwater. Dunedin. Gulfport. Largo, Madeird Beach. Old~mur. Pindlas Park. Safety Harbor. Seminole. St. Petersburg, St. Pete Beach and Turpon Springs nnd Ihl.: School Board to establish jointly the sp~citic ways in which the plans and procc:;scs of the distl'ict school board and local gl)v~rnments are to be cl)ordinatcd in rCSpl)"SC to (he: requir~1l1ents of Senate Bill 1906. Commissiont:r Todd moved, sccond~d by Commission~r Ll1tvulu und cllrri~(.L thut the r~commendation of the Chairman be approved. TOTAL P, 03 ~ ,:-W".. ~ S~'" ~ '- ~ ~ -: ~ r?~TE"S~ Clearwater City Commission Agenda Cover Memorandum Final Agenda Item # Meeting Date: dtf 04/17/03 SUBJ ECT/RECOMMENDA TlON: Appoint Commission members as representati\'es on the Regional and l\'lisce1bneous Boards listed belo\\': D and that the appropriate officials be authorized to execute same. SUMMARY: The City Commission is requested to appoint representatives to various boards that deal \\'ith issues affecting the Cit)'. Board (Date.Time of I\Jcetinl.!) Delel.!ate Tampa Bay Regional Planning Council (TBRPC) (2nd Mon. - 10:00 a.m.) Ilibbard Suncoast League of ~'lunicipalities 13.0.0. (3rd Sat. - II :00 a.m.) Jonson Performing Arts Center & Theater B.O.D. (PACT) (3rd Mon. - 5:00 p.m.) Aungst Mayor's Council of Pine\1as County (1st Wed. -1 1:30am) Aungst Chi Chi Rodriguez Youth Foundation 13.0.0. (twice a year - Mar. & either Sept. or Oct. - time/location T13A) Hamilton Jolley Trolley Transportation of Clearwater, Inc. 8.0.0. (Quarterly on 2nd Wed. - 5:30 p.m.) Hamilton C.H.I.P. Board of Directors (Last Wed. - 8:00 a.m. - Police Headquarters) Gray Clearwater Marina Aquarium Foundation (as caJJed) Hibbard Continued -2- Reviewed by: Legal NA Budget NA Purchasin NA 9 Risk Mgmt NA Info Tech NA Public Works NA Originating Dept: Official Rcds & Legislative Svcs User Dept. Costs Total Funding Source: DCM/ACM Captlallmprovemenl Current Fiscal Year Other NA Attachments Operating OIMr Appropriation Codo: Submitted by: Cltv Manager .0- Printed on recycled paper o None Board (Date/Time ofrv1cetinl.!) Delel.!3tc Barrier Island Governmental Council (4th Wed. -- 9:00 a.m. - location TBA for each meeting) Hamilton Tampa Bay Partnership Board of Governors (as called) Aungst Tampa Bay Partnership Policy Board (bi-monthly - 9:00 a.m.) Gray Tampa Bay Estuary Policy Board (Quaterly - I :30 p.m.) Commission member highly recommended Jonson Sistcr Cities Committee Gray The following boards have the specific tcrm cxpiration datc noted: Emergency Medical Services Advisory Council (E~'IS) (Annually on 3rd Wed. in March - 3:00 p.m.) (EMS Charter requires Mayor to servc as representativc) Aungst (term expires OS/2003) - 2 yr ternl Pinellas WorkNet Board (3rd Wed. - 8:30 a.m. - location TBA for each meeting) Gray (term expired 9/30/2002) - 2 yr term St. Petersburg/Clearwater Area Economic Development Council (Quarterly - time & location TBA for each meeting) Jonson (term expires 10/2003) - I yr term Pinellas Planning Council (PPC) (3rd Wed.'- 9:00 a,m.) Hamilton (term expires 12/31/2004) - 2 yr term Pinellas Suncoast Transit Authority (PSTA) (4th Wed. - 9:00 a.m.) Jonson (teml expires 9/30/2003) - 3 yr teml Metropolitan Planning Organization (rvlPO) (2nd Wed. - I :00 p.m.) Gray (term expires 09/12/2005) - 4 yr tenn Pension Advisory Committee (PAC) (2nd Thurs. - 9:00 a,I11.) Gray 4/4/2005 - 2 yr tcrm Hamilton 4/4/2004 - 2 yr term Hibbard 4/4/2004 - 2 yr term Long Center Board of Directors (LCBOD) (4th Tucs. - every other month - 7:30 a.m.) Hibbard (term expires 9/30/2003) - 3 yr teml 2 ~~\.M." ~ 'i::i .."JJ . ~ :;::~ ~ ~ -=-~ ~ ~IfAm.<C~ C,4; \ 35 Clearwater Cit\, COlllmission Agenda Cover 1'.lemorandulll Final .:"genda Item # r.1eeting Date: y - 17 - L' ::) SUBJECT/RECOMMENDA TION: Request for Authority to institute a civil action against Harris-McBurney Company to recover 51,217.69 for damage to City property. D and that the appropriate officials be authorized 10 execute same SUMMARY: On June 11, 2002. employees of Harris-McBurney hit a gas line in the vicinity of the U.S. 19 and Drew Street project. The contractor did not use safe and adequate methods to determine the estimated location of the underground gas facilities, based on accepted engineering and construction practices. The incident caused damage to the City's gas line and loss of gas, resulting in required repairs in the amount of $1,217.69. The Legal Department requests authority to bring a legal action against Harris-McBurney Company to recover the moneys owed to the City for the aforesaid property damage. Reviewed by: ) Originating Dept: Legal (ell Info Tech NA Legal ti# Budget NA Public Works NA User Dept. - Purchasin NA DCM/ACM g - - Risk Mgmt NA Other NA Attachments - - Costs Total Funding Source: CaptlOllmp<ovement Current Fiscal Year Opnrollng 6th'" Appropriation Code: Submitted by: City Manager o Printed on recycled papor 2/98 o None Rev. "'?m~.~t..:t"'''l''':I.-...f.n;:'f\:;1' '. : ' . ".,,!),,, "!t"''''I't' . ~J ...,..:....,..,1. ."..'. 1~'}~.:.!1\}~~~.. \ ~ "I' ~~i1~'i.',;.:...\(..C. ',y~~ .~~ "". .:~~.~~:t~'tj:~:::', "~ '~~'" "'J't.. l:'.~i.!~~~..'\~..li';..~...'...:f ",I; .,\.-,.... ..:;:~~~t{r.:~~;~~':;"'~~!'?' ' "", :.:'~..'.-'~ ;' . , " , '. ';..;l ;". .' : . ~:.; " .'~ : ! . , ROLL NO. \: '. e~u.~ ,<:i~'..I" ~ ~I -:-_ ~ .....~ ,;:; ~-= ~ ~TEl.'t~ Clearwater City Commission Agenda Cover tvkmorandum CI~ \ Final Agenda Item # Meeting Dale: 85 Lj - /7 - 0 :=) SUBJECT/RECOMMENDA TION: Request for Authority to institute a civil action against Harris-McBurney Company to recover $1,217.69 for damage to City property. o and that the appropriate officials be authorized to execute same. SUMMARY: On June 11, 2002, employees of Harris-McBurney hit a gas line in the vicinity of the U.S. 19 and Drew Street project. The contractor did not use safe and adequate methods to determine the estimated location of the underground gas facilities, based on accepted engineering and construction practices. The incident caused damage to the City's gas line and loss of gas, resulting in required repairs in the amount of $1,217.69. The Legal Department requests authority to bring a legal action against Harris-McBurney Company to recover the moneys owed to the City for the aforesaid property damage. Reviewed by:.2 Orlginatinq Dept: Legal I e/J Info Tech NA Legal /WtJ - Budget NA Public Works NA User Dept. - - Purchasin NA DCM/ACM g - - Risk Mgmt NA Olher NA Attachments - - Costs Total Funding Source: CaplJallmprovement Current Fiscal Year Opera\lng Other Appropriation Code: Submlttcd by: City Manaqcr o Printed on recycled paper 2/98 o Nonc Rev. s~":.V.l-'" ~ <::i ,," . ..:;. ':;::.",- ~ ,,. -- ~ ~u,-~ ~ ~~ C I~ 2- d\(P Clcar\\'3tcr City Commission Agcnda Co\'cr \ Icmoranclum FlIlal Agenda Item # Meetlllg Date: 4/17/03 SUBJECT/RECOMMENDATION: Authorize the City Attorney to allocate an additional $20,000 in the defense of the City and James Wood in the case of Palisano v. City, for a total amount of $60,000. Clnd that the appropriate officials be auttlOrizcd to execute same. SUMMARY: . The City of Clearwater was served with a lawsuit alleging that Ms. Palisano's civil rights were violated. . The City Attorney has assigned defense of this lawsuit as it pertains to the City and James Wood to Mark A. Hanley, Esq., of the lawfirm of Glenn Rasmussen Fogarty & Hooker. The initial budget was estimated at $20,000 for defense of this case. An additional $20,000 was allocated in November 2002. . The Plaintiff's attorney has conducted extremely extensive discovery, including a large number of witness depositions in this case, which has resulted in more expenses incurred than originally anticipated. . It is estimated that an additional $20,000 is necessary for the ongoing defense of this case as it pertains to the City and James Wood. . The funding of $20,000 will come out of the City Attorney's professional services budget. Reviewed by:jJd- Originating Dept: Legal Info Tech NA Legal - Budget Public Works NA User Dept. - - Purchasing NA DCM/ACM Legal - - Risk Mgmt NA Other NA Attachments - - Costs $60,000.00 (estimated) Total Funding Source: 20,000 CUp,IOI I"'p'ov~",onl Current Fiscal Year OP(>'OI'''\1 X OlhO' Submitted by: City Manager o Printed on recycled paper o None Appropriation Code: 010-09600-530100-514-000 Rev. 2/98 /.t~~~ ::s~~ I~ __,"', I 1& ~ ~- ~ "for" ===- ;:=-:J -'" - <;6'{ ~dL~~~ Sl)/ H5G \ 3'( ClealWater City Commission Agenda Cover Memorandum Fir"ll Agenda Itern #: l\\pPling Dale: 4/17/03 SUBJECT/RECOMMENDATION: t\dopt the Rcsolution 03-21 (lpproving the City of Cleurwater - Stilte Housing Initiiltives Partnership (SHIP) Program Local Housing t\ssistance Plan covering Stilte Fiscal Years 2003-2006. [2] ,md thai the .lpprOpri,ltr' offici,lls be ,\lJthorizl'd to PXPClItp 'dnw. SUMMARY: The City receives (In annual illlocation from the State of Florida through the Florida Housing Finance Corporation under the Stlltc Housing Initiatives PlIrtnership (SHIP) Program, For FY02-03 the City is estimated to receive a SHIP allocation of ilpproximately $1,049,000. The City expends SHIP funds as per the striltegies outlined in our LOCilll-lol/sillg Assistance Plan (LHAP). Our current LHAP covers fiscal years 2000-2003. Some of rhe ilctivities thllt SHIP funds lire used for include: downpayment lIssistance, rehabilitation, and new construction, just to name il few. This new LHAP covers fiscal years FY2003-2004, 2004-2005 & 2005-5006. Currcntly, the estil1lllted annulll lIllocation for FY03-04 is expected to be $900,000. The lInnual allocation Illay increase depending on budget<lry decisions that will be made by the Florida Legislature during this yellr's Legisllltive Session. The FY03-06 LHAP is basically a continuation of our current LHAP, but we have added a" Foreclosure Prevention" strategy for previously ilssisted SHIP clients who nlilY be experiencing some form of financ;al hardship. This strategy is designed to prevent clients from possibly foreclosing on their first Illortgages. The City's Neighborhood and Affordable Housing Advisory Board is scheduled to approve this plan at their April 8, 2003 meeting. The FY03-06 LHAP is statutorily due to the Florida Housing Finance Corporation by May 2, 2003. Reviewed by: Legal ( ; l~~<)_~l Info Tech NA ---"---' . Budget (\-' Public Works NA " Purchasing , NA DClvllAC!\\ jL-~~?J~ Risk Mglllt NA Other - - Originating Dept:~, Eco. Development i ltio~~ing User Dept. .\.-- \.r~, Costs TOI,11 Fundin!; Source: 51-111' C.,ph.lllrnpw\'('IIlI'"( AtI,lchhlents: Op(".\h",,: 0111.. Res. ;';0.03-21 Submitted by: ~ J 1_ . City Mallager ~ - ~3 Prinll'd on rl'rydl'll paper o NOlie Rl'v.2/911 RESOLUTION NO. 03-21 A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA, ADOPTING THE CITY OF CLEARWATER STATE HOUSING INITIATIVES PARTNERSHIP (SHIP) LOCAL HOUSING ASSISTANCE PLAN COVERING STATE FISCAL YEARS 2003- 2006; PROVIDING AN EFFECTIVE DATE. WHEREAS, the NEIGHBORHOOD AFFORDABLE HOUSING ADVISORY BOARD has met its statutory and organizational assignments by preparing a set of recommendations to the City Commission addressing affordable housing incentives and associated issues; and WHEREAS, the NEIGHBORHOOD AFFORDABLE HOUSING ADVISORY BOARD has reviewed and approved STATE HOUSING INITIATIVES PARTNERSHIP LOCAL HOUSING ASSISTANCE PLAN covering State Fiscal Years 2003- 2006 at their April 8, 2003 meeting; and WHEREAS, the LOCAL HOUSING ASSISTANCE PLANS provides that ten percent (10%) of the total SHIP allocation will be used for administrative expenses, and WHEREAS, Section 420.9075(6), Florida Statutes, provides that the City may use five percent (5%) of its annual SHIP allocations for administrative expenses. Florida Statutes also provides that if the City Commission makes a finding, by resolution, that five percent (5%) is not sufficient to cover the administrative costs, the City may take Lip to ten percent (10%) of its annual allocation for administration plus five percent (5%) of program income; and WHEREAS, the City of Clearwater finds that five percent (5%) of the SHIP funds are insufficient to adequately pay the necessary costs of administering the City's SHIP program. The City of Clearwater finds it necessary to increase up to but not to exceed ten percent (10%) of local housing distributions deposited in the trust fund to cover administrative costs; and WHEREAS, the maximum sales prices and values for new and existing homes associated with the LOCAL HOUSING ASSISTANCE PLAN covering Fiscal Years 2003-2006, shall be those as established annually by the Pinellas County Bond Study, now, therefore, Resolution No, 03-21 BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: Section 1. They City of Clearwater hereby accepts the NEIGHBORHOOD AFFORDABLE HOUSING ADVISORY BOARD recommendations attached to this resolution as the LOCAL HOUSING ASSISTANCE PLANS covering State Fiscal Years 2003-2006. Section 2. This resolution shall take effect as of the date of the City Commission Meeting Approval of the LOCAL HOUSING ASSISTANCE PLAN on April 17, 2003. PROVIDING AN EFFECTIVE DATE. PASSED AND ADOPTED this day of ,2003. Brian J. Aungst Mayor-Commissioner Approved as to form: ..--;-> /) .-~) , / / ..' I ')) /1 .J ;.,il/l. ./~.. J\(':il--- .".Bryatl Ruff / / Assistant City Attorney Attest: Cynthia E. Goudeau City Clerk 2 Resolution No. 03-21 C I T Y C LEA R 'V ATE R STATE HOUSING INITIATIVES PARTNERSHIP (SHIP) I'ROGRA:\I I,.. 0 C A L II 0 US 11\ GAS S 1ST AN C E P LAN (LHAP) State Fiscal Ycars 2003-0-4. 2004-05 :lnd 2005-06 BACKG ROU>.lD: This Local I-lousing Assistance Plan (L1-IAP) scts fonh the three year outline through which the City of Clearwater Commissioners will implement the provisions of the Florida State William E. Sadowski Affordable Housing Act adopted on July 7, 1992. Section 420,907 - .9079 Florida Statutes (F.S,) and Chapter 67-37 Florida Administrative Code (F.A.C.). The legislation includes the creation of the State I-lousing Initiativc Pal1nership (SHIP), which is designed to provide for: (i) a shaling between the State and local govcl1l1l1ents a portion of the revenue collected from the documentmy stamp tax on deeds. (ii) the establishmcnt of public-privatc pm1nership to build, rehabilitate and prcserve affordable housing, and (iii) maximum flexibility to local govcl11I11ents to dctclll1ine the use of funds to better meet the responsibilities for affordable housing as set f011h in the comprehensivc plan. All city and county governments in Florida meeting the eligibility rcquirements will recei\'e SHIP funds. Each gove1l1ment will receive at least $350,000. Allocations higher than $350,000 are detell11ined by population. The SHIP allocation to the City of Clemwater is estimated to be $900,000 for each fiscal year 2003-04, 2004 -05 and 2005- 06. The allocation may increase or decrease each fiscal year depending on documentary stamp collections. SHIP rcquir~s that the cities and counties prepare a Local Housing Assistance Plan (LHAP), which must be submitted, to the FIOIida HOllsing Finance Corporation (FHFC). The City of Clearwater, as an eligible municipality, has approved and adopted Ordinance No. 5410-93 providing for a local housing assistance pm1nership program containing the following provisions: . Creation of a local housing assistancc trust fund as desctibed in Section 420,9075(5) F.S. . Adoption by resolution of a local housing assistance plan as defined in Section 420.9071(14) F.S. to be implemented through a local housing partnership as defincd in Section 420.9071 (18) F.S. . Designation of the responsibility for the admin istration of the local housing assistance plan. Such ordinance provides for the contracting of all or pat1 of the administrative or other functions of the program to a third person or entity. . Creation of an affordable housing advisory committee as provided in Section 420.9076 F.S. City orClc.ll'wdtcr FY2003-200b LIlA!' This L.ocal I-k)using Assistance Plan meets the following requirements of the Chapter ()7- 37 F.AC. . At least 65(YcI of thc SH I P funds be used for home ownership activities . At least 75% of the SH I P funds be used for construction. rehabilitation or emergency repatrs . At least 30(~'~1 of S HIP funds be used to vcry low incL)me persons and 30(~;(, of S HIP funds be used for low income persons . That the average sales price or value of units be affordable to the target population . As evidenced in the "Cel1ification to the Florida Housing Finance COIvoration" the Local Housing Assistance Plan is consistent with the City of Clearwater Comprehensive Plan and with the I-lousing Element of that Plan . The City of Clearwater I-lousing Partnership will expend funds received li'om the State of FIOIida in accordance with the "strategies" set fOl1h in its Local I-lousing Assistance Plan . The City of Clearwater will implement the local housing assistance plan to make affordable residential units available to persons ofvcry low income, low income or moderate income and to the special housing need population, as defined in Chapter 67-3 7.002( 13) F.A,C. . The City of Clearwater, its agents. contractors, sub-grantees, municipalities, non- profit organizations or for profit entities will not deny assistance to or exclude from pal1icipation any person or entity on the basis ofracr, religion, creed, color, age, sex, marital status, familial status, national OIigin or handicap Section 420.9075(3)(c) F.S. . All agents, contractors sub-grantees orthe City of Clearwater under the SHIP Program comply with the guidelines, in Section 420.9075(3)(d) F,S. and includes language in each contract and subcontract to contractually commit each agent, contractor and sub-grantee to compliance . If, at any time, during the tellll of the Local Housing Assistance Plan the City of Clearwater, or any agent, contractor or sub-grantee is unable to comply with any provision of this Local Housing Assistance Plan, the City of Clearwater will notify the Florida I-lousing Finance COIvoration immediately for guidance, direction and assistance. I)LAN DEVELOPMENT PROCESS Locally designed strategies huve been determined through the Citizen Pmticipation Plan which encourages all citizens, including minOlities and non-English speaking persons as well as persons with disabilities to participate in the development of Local Affordable I-lousing Plan and housing programs. with pal1icular emphasis on persons of vcry low to moderntc income. Inf0l11lation and records relating to our proposed use of funds is made easily accessible to the public for rcview. The Citizens Pm1icipation Plan established an affordable housing advisOlY committee referred to as the Neighborhood AfTordable I-lousing Advisory Board (NAHAB) consisting of seven appointed residents of the City of Clearwater all of which engage in the professional services related to affordable housing and those who are advocates of 2 City of Clearwater FY2003-2006 L HAP affordable housing. The committee includes citizens who are activc]v engaged as follows: . Rcsidential homc building industry and/or those areas of labor engaged 1I1 home building. . l3anking or mot1gage banking industry · An advocate of low-income persons . Not-for-profit providcr of affordable housing and/or a real estatc professional . A citizen who is a resident of one of the City's Neighborhood Rcvitalization Strategy Are3S . A citizen who is a resident of E3St Clearwater . A citizen who is a resident of the City All meetings of the Neighborhood Affordable Housing AdvisOlY Board (NAHAB) are public meetings. and all records are public records. Staff, administrativc, and facility suPPOtt to the Neighborhood Affordable I-lousing Advisory Board (NAHAB) is provided by the City of Clearwater - Economic Developmcnt and I-lousing Depm1mcnt - Housing Division. The NAHAB reviews, monitors and evaluates the physical cnvironment and lifestylc of vety-low to moderate income households assisted by the programs that the City administcrs through the Housing Division. The NAHAB also recommcnds specific initiatives to encourage or facilitate affordable housing while protecting the ability of the propelty to appreciate in value. Such recommendations may include the modification or repeal of existing policies, procedures, ordinances, regulations or plan provisions; the creation of exceptions applicable to affordable housing; or the adoption of new policies, procedures, regulations, ordinances or plan provisions. The NAHAB reviews local programs by assessing neighborhood needs, fonnulating neighborhood goals and objectives, all in constant consult with the I-lousing Division. They also establishing ptiorities for projects within neighborhoods, and in addition, monitor and evaluate programs and make recommendations to thc City Commission regarding such programs. Thc City of Clearwatcr holds public hCi.uings and meetings to obtain citizcn views and responds to citizen proposals and questions about proposed activities and program perf01TIlanCe, Citizens and other pat1ners emph3Size the need for a broad range of opinion in the establishmcnt of goals, objectives, projects and priolitics and in the application, monitoring and evaluation of fundcd programs. Public hearing and meeting dates are advel1ised by way of public notice in either local newspapers of gcneral paid circulation and/or the City Clerk's Office, at least) 0 days in advancc, 3 City or Clearwater FY2003-200b LHAP The availability of funds will be ad\'crtised yearly at least thirty days before the beginning of the application period to the public by way of public notice in local newspapcrs of general paid circullltion in and about the City of Clearwater, EI igible Sponsors, by means of the City of Clearwater Consolidated Action Plan process, arc considercd by application and evaluated by a point system, Points arc granted based on such things as, but not limited to: the economic feasibility of a project, timeliness of completion. past experience. commitment to cxpand affordable housing opportunities to vCly-low. low and moderate income households, to eliminate slum and blighted areas, to preservc the housing stock, to increase propel1y values and to enhance community image in a targeted area, priority. Eligible Sponsors who employee personnel from the WAGES and Workforce Development Initiatives Program will be givcn prcference in the selection process as required by Chapter 67-37.005(6)(b)7, F,A.C. Eligible persons will be served on a first come, first eligible basis, with Pliority given to those of the special needs population and households in need of emergency repairs, until all available funds are allocated. Eligible Sponsors may apply for funds on a project-by- project basis while funds are available. SUPPORT SERVICES/PARTNERSHIPS Home Owncrship COllllsclillf! Scrvices Home Ownership Counseling for homcbuyers is cUll'cntly being provided by eligible sponsors, approved through the City's Consolidated Plan Process. This counseling program contains course materials addressing pre-ownership issues. The established and accredited course matctials are acceptable and consistent with those of local lenders participating in City's housing programs and the Multi-County MOJ1gage Bond Program offered through the Housing Finance AuthOlity of Pinellas County, Florida. The home buyers counseling and education program is made available to all homc buyers of all income levels with a special eff0l1 to include the disabled, elderly, those with special needs and especially those ofvely-Iow to moderate income. No recapture provisions are proposed as home buyer counseling and education is a requirement of the City of Clearwater's Down Payment assistance progrnm and of pat1icipating lenders. Home-buycr's counseling and education program certificate is awarded to cach prospective home buyer whether or not that prospective home buyer obtains financial assistance. C/c(JIwater Homeless Illter\'elltioll Project (CHIP) The CHIP ovemight homeless shelter will provide safe lodging for chronic homcless individuals. The CHIP shelter allows up to 62 persons to begin restl11cturing their lives 4 City or ClcarwJtcr FY2003-2006 LHAP toward poSHt ve development and sel f-sufticiency, CHI P provides intensive case management while facilitating assistance for CHIP clients from other agencies that help thc individual get off the street and into independent living on a pennanent basis. CHIP's homeless intervention program addresses the City of Clearwater's five-year Consolidated Plan list of goals by providing housing and supportive services for the homeless. Homeless Emcrgellc\' Projcct (HEP) The Homeless Emergency Project (HEP) servcs the homeless population throughout the City of Clearwater Homeless Emergency Project offers training and direction toward self-sufficiency through educational programs and large group workshops that effectively and comprehensively address the needs of the homeless and financially disadvantaged, leading to greater chances of self-sufficiency and maintaining family continuity. Partllcrs ill Sc/{-Su(j7cic1/cl' (PSS) Pminers in Self-Sufficiency (PSS) assists very-low incomc families refelTcd by the Clearwater Housing Authority's Section 8 and family public housing programs to achieve economic self-sufficiency within a contractual time peliod. Religious C011lmlmitv Scrvices (ReS) Gracc House - Grace House is an emergency shelter for homeless families. The program offers an 8-weeks program combining basic shelter needs and case management to assist homeless families in moving towards self-sufficiency. Tlte HavclI - Thc Haven provides a continuum of services to victims of domestic violence in an effOli to reduce the incidents of domestic violence and reduce the amount of homelessness occuning due to domestic violence. Fami/v Rcsources Established in 1970, Family Resources has been meeting the immediate needs of runaway and homeless children. The program goals are to unite children and youth with their families. In nddition to provide these children and youth with safe and comfOltable temporary housing, program staff provide the children and their families with a continuum of services, including counseling, life skill training nnd appropriate refelTals. Tlte Kimbcr/v House The Kimberly House established nn emergency transitional housing project for homeless pregnant women. The Kimberly House provides low-income pregnant women with the oPPOliunity to gain a self-sufficient lifestyle and sccure future for themselves and their children and offers housing for the entire length of pregnancy or as a smooth transitional solution prior to long-teml placement. 5 City ofClcJr.\'atcr FY2003-2006 LHAP Pinel/as O/J/Jortunitv Council - Chore SClviccs Program (POC) Pinellas OpPOliunity Council assists elderly persons to maintain their homes in a safe and sanitary condition, allowing the elderly to remain independent and to avoid pre-mature institutionalization. POC services include the removal of accumulated deblis including old appliances, tires, building matelial, fumiture and other trash. The goal of POC is to assist the low-income elderly Clearwater population maintain a decent, independent living environment. Hispanic Outreach - Education and [n(ormati01l Pro.f!ram The recent immigrants fi'om Latin Ametica are underserved by banking, housing, and other life enhancing services due to lack of infommtion and training in these topics in the Spanish language. This project is aimed at reaching a wide audience to teach the basics in financial practices to allow residents to obtain credit, loans, savings and checking accounts, proper budgeting aimed at enhancing progress in accumulating wealth through housing investment. Cit\! o(C/earwafer - Commll1lirv Response Team (CRT) The City of Clearwater for many years has been providing community assistance through several redevelopment programs, community policing programs, neighborhood services, and other proactive community action groups and services. The City of Clearwater Community Response Team involves having inspectors walk through the neighborhoods and perfotn1 door-to-door surveys. This approach offers several advantages and: . Creates an open dialogue between the citizens and the inspectors · Allows inspectors to educate citizens on city codes and standards . Pem1its a routine inspection of the properiy · Allows distribution of free smoke alall11s, water saving devices and house numbers, and · Creates an oPPOllunity for the City to offer financial assistance through State and Federal funding sources · Conserves existing areas that are in good condition · Preserves existing housing stock through rehabilitation . community redevelopment The ultimate goal of the Community Response Team is to achieve voluntmy code compliance through education, communication and cooperation, decreasing the number of non-confom1ing residences, reducing the decline of housing values, increasing the investment potential, and enhancing the overall community image. I)ARTNERSHIPS The City of Clearwater through established local housing partnerships and resources increase the affordability of housing through down payment and closing cost assistance, 6 City of Clearwater FY2003-2006 LHAP low interest rate mortgage loans, grants and other direct subsidies that make market rate housing affordable to lower income households. Special interest rates, product pricing structures, special programs and other incentives offered by lenders and real estate professionals enhance affordability. The current City of Clearwater housing partnership involves a cooperative effort of the City of Clearwater and: . Other local municipalities . State of Flotida . West Central FlOlida SHIP Steeling Committee . United States Depm1111ent of Housing and Urban Development . Federal Housing Administration . Veterans Admin istrati on . Fannie Mae and Freddie Mac . Florida Housing Finance Corporation . l'lousing Finance AuthOlity of Pinellas County . Clearwater Housing Authority . Community-based organizations . Builders and developers . Lending institutions . Providers of professional services relating to affordable housing . Support service agencies, and . Organizations representing the interest of persons with special needs. Each respective individual and/or agency in the pm1nership has brought forward varying levels of understanding and viewpoints on affordable housing. The partnership has identified local needs and provides for a cooperative effOli in the production and maintenance of safe, decent and affordable housing in our communities. The City of Clearwater's Housing Loan Pool (CHLP) Program allows designated Eligible Sponsors to partner with the City of Clearwater to provide a variety of housing development related activities. CHLP provides funding for down payment and closing cost assistance, acquisition and rehabilitation loans, disabled retrofit loans and a revolving fund for small single family residential developments, individual single family rehabilitation projects and single family in-fill housing. The goal of the CHLP program is to strengthen our community by facilitating affordable housing developments resulting in increased home ownership and rehabilitation opp0l1unities for the City's low and moderate income families while improving the housing stock and stimulating further community development activities in targeted neighborhoods. The CHLP draws it's funding from two sources: SHIP program and the Home Investment Partnership Program (HOME) provided by the Federal Department of Housing and Urban Development 7 City orClc.lr\\'atcr FY2003-2006 LHAP Each fund sourcc has specific requirements that govem its use. SHIP funds will be used as dcsclibed within specific planned strategies. HOME funds will be used for the residential single and multif~lIl1ily development loan program. To access the CHLP, the eligible sponsor must first be a designated "participant". Funds from the loan pool will bc made available on a first come, first served basis, Prcference will be given to projects proposed within the targeted areas that benefit very-low to moderate incomc residents, Eligible Sponsors must prepare an application which contains such things as but not limited to: organizational capacity, project propos.ll, pro-f0I111a. project budget, financial analysis. site infol111ution, zoning infol111ation, proof of clear title, and proof of environmental assessmcnt. The designated participant must plan to complete the project within eighteen (18) months. Larger, 10nger-tel111 projects may be proposed outside of the loan pool as funding is available. Incentives to designated participants will be granted to those organizations to facilitate local housing assistance strategies. The goal of the City of Clearwater is to provide high quality housing to its program participants at an affordable price. The City of Clearwater will provide financial incentives and awards to designated participants and pal1ncrs who assist in the achievement of these goals. RECAPTURE PROVISIONS Although most recapture provisions are statcd in each individual strategy, where not stated, the SHIP funds will be subject to recapture if the home assisted shall cease to be the plincipal residence (homestead property) of the household, is sold, rented, refinanced, or if title is transfel1'ed. Typically loans to vely-Iow and low income households will be in thc 1'01111 of a defcITed payment type loan. The terms and conditions of other types of loans and activities will be those as outlined in the City of Clearwater "Housing Pool" or "Rehabilitation" underwriting guidelines, as amended from time to time. In certain conditions when a home is refinanced, the loan may not be subject to recapture if the refinancing meets the conditions as provided in the City of Clearwater "Subordination Pol icy", as amended, STRATEGIES STRATEGY 1: DO\VN PAYMENT AND CLOSING COSTS ASSISTANCE The City of Clearwater, through its affordable housing programs and through eligible sponsors shall provide SHIP funds to provide down payment and closing cost assistance to income eligible homebuyers of vely-Iow to moderate income. Preference will be given to those individuals who have been displaced through divorce proceedings with evidence of relinquishment of title to primary homestead property. s City ofCIc,lrwatcr FY~003-':006 UIAP In thc case of New Construction development, the City may loan funds to Eligible Sponsors for the construction of eligible housing. and in some cases, the associated infrastructure. if the Eligible Sponsor is doing a subdivision. The interest on thc construction funds will be a zero percent (O~'O). a low-interest loan. or some combination thereof. The detell11ination on whether a loan will have an interest rate. will be dctcl111ined on a project-by-project basis, depending on such things as. but not limited to the economics of each project. The construction funds will be repaid when the home is sold to an eligible household. In tenl1S of Annual RepoJ1ing, only the assistancc that is provided to the cligible houschold and associated development and processing fees will be counted bccause all, or a ponion of the funds that arc loaned to the Eligible Sponsor for the construction of an eligible dwclling(s) will be repaid to the City upon completion of the home. At no time shall the amount of assistance that is "Ieft-behind" to the eligible household exceed the maximum subsidy Icvels established in this plan for this strategy, Thc City will also provide funding for assistance to homebuyers that may be used by the bOlTowcr for down payment and/or closing costs, including such things as, but not limited to, prepaid itcms and construction interest. The providing of interest rate buy-downs will also be an eligible activity under this strategy. Funds cannot be utilized to payoff debts, collections, or past due amounts and will not be provided when excessive fees or above market interest rates are bcing charged, To be eligible for assistance, the household income of thc home buycr must not exceed the income limits, adjusted for family size as set fOJ1h by the income eligibility criteria in compliance with the SHIP Program, which is based on the current applicable definitions of median income for the area adjusted for family size published from time to time by the U.S. Depm1ment of I-lousing and Urban Development and distJibuted annually by FHFC. The homcbuyer must, also, be a citizen of the United States of America or a permanent resident al ien possessing a "green card". Eligible propel1ies arc classified as an cxisting propcl1y or newly constructed propcJ1y that is publicly or privately held for salc to a potential homebuycr und mcets the following requirements: . Is a single family residence . Is a condominium unit . Is a townhouse . Is a manufactured homc that meets the provisions of Section 553 r.s. . Is owner-occupied . Is built prior to 1978 with no cvidcnce of chipping, peeling or chalking paint, or if built prior 1978 the home must be inspected for lead bascd paint. . Does not exceed the maximum allowable sales price as established and approved by the City and FHPC, as amended whcn the ncw sales figurcs are released annually as a result of the local Pincllas County Bond Study. . r-.,.tust be located within the City limits of Clearwater 9 City ofClcarwatcr FY2G03-2006 LI-IAP Defem:d payment or low-interest loans will be available to homebuyers for down payment and closing cost assistance with the following stipulations: . Loan term is not to exceed 30 years . Loans will be secured by a note and subordinate mOl1gage security instrument recorded in the public records of Pinellas County, Florida until satisfied . Repayment of the loan will be a low-interest loan, deferred payment loan at O'X, or some combination thereof . DefelTcu payment loans may have a decreasing loan balance that will be defined in the mOltgage note. . Recapture of the entire principal balance of the loan is duc and payable in full: . Upon sale or transfcr of title to the propetty . The propCI1y is vacated and/or is no longer the primmy residencc of the bOlTo\Ver . The propeI1y is convclted into a rental unit . Refinancing or assumption of financing the propelty . CCltain refinancing conditions may allow a loan to rcmain on the home STRATEGY 2: REPLACEMENT HOUSING The City of Clearwater recognizes that the housing stock in its oldcr ncighborhoods is declining. Homes found to be unsafe will be identified through the assistance of non- profit housing providers, code enforcement, local firc districts and City inspcctors. Homes found to subject to condemnation may be refetTed for consideration of replacement. As a result of condemnation, however, homeowners may be caused to experience displacement. SHIP and/or CDBG funds will be made availablc to assist with relocation of the homeowner dllling the constlUction period. SHIP funds will be used for the demolition and construction of a new horne, replacing the dilapidated single-family structure. The City of Clearwater will providc for thc replacement of housing units for eligible vely-Iow and low-income persons. The City of Clearwater shall provide funds to dcmolish and reconstmct and/or dcvelop affordable owner-occupied housing that is found to be code deficient to the point that rehabilitation is not economically feasible. The assistance may remain in the unit as low interest loan or as a defcITcd payment loan. Structures or propclty with the most immcdiate thrcat to the houschold, public health, safcty and welfare will receivc primity consideration. Applicants must make an attempt to obtain maximum loan financing through traditional lenders. Proof of appl icant's attempt to obtain such financing must be cvidenced by cither: . Lender approvallelter for maximum qualifying loan amount, or 10 City ofClcarwiltcr FY2003-2006 LHAP . Dcnialletters from t\\.o (2) lending sources STRATEGY J: O\VNER-OCCUPIED REHABILITATION The City of Clearwater. through its affordable housing programs and through eligible sponsors shall provide funds for the rehabilitation of existing owner-occupied single family residences located within the City limits of Clearwater. Funds shall also be provided for Eligible Sponsors to purchase and rehabilitation of a single family structures that may be in need of repair or modernization for the eventual sale to very-low to moderate income households. Loans shall be made available to eligible very-low. low and moderate income households. Priority will be given to vel)' low and low income households. The assistance may be in the unit as a low interest loan or as a defell'ed payment loan. Funding for assistance may be used by the homeowner for housing rehabilitation such as, but not limited to, the following: . Con'ect housing code deficiencies . Eliminate incipient housing code violations . Eliminate conditions having a demonstrative blighting influence on sUlTounding propel1ies . Adapt residence to meeting accessibility needs of a handicapped family member . Alleviate an overcrowded situation After rehabilitation, the propel1y, including all accessOl)' structures must meet the City of Clearwater Housing Code Standards. The propel1y cannot have any restrictions or encumbrances that would unduly restlict the good and marketable nature of the ownership interest. The property must be occupied by the owner who is assisted as their primal)' residence (homestead). In the event of a disaster, the City of Clearwater would allocate its unencumbered rehabilitation funding from SHIP, HOME and CDBG to assist vel)' low, low and moderate homeowners with repairs. In addition, non-profit organizations pm1icipating in the City's Housing Pool would be encouraged to assist using Housing Pool funding. STRATEGY 4: EMERGENCY HOME REPAIR Funds will be provided for emergency repairs and will be made available to eligible very- low, low and moderate income households. This strategy will be done in conjunction with the housing Rehabilitation program the City of Clearwater will provide funds for emergency repairs that may jeopardize the health, safety and welfare of the household. Conditions that may be considered as an emergency concem are as follows: . Structural components that show signs of imminent collapse 11 City of Clearwater FY2003-2006 LHAP . Inoperable heating systems during winter months · Water leaks in walls or foundation . Inopcrable toilet or hot water heater . Roof leaks causing electrical hazards, ceiling collapse or stl1lctural damage . Inoperable extcl;or doors and/or windows, prcvcnting emcrgency egress . Exposcd barc wircs or other imminent fire hazard . Collapsed or inoperable chimncy or Ouc · falling ceiling . Lead based paint . Others as dcemcd neccssary by the constl1lction manager In the event of a disastcr, the City of Clearwater would allocate its unencumbercd Emergency Repair funding from SHIP, HOME and CDBO to assist vel)' low, low and moderate home owners with repair. In addition, non-profit organizations pmticipating in the City's Housing Pool would be encouragcd to assist using I-lousing Pool funding. STRATEGY 5: DISABLED RETROFIT Funding will bc madc availablc for thc retrofitting of homes occupied by vely-Iow. low and moderate income disablcd pcrsons. Funding may be used to retrofit owner occupied units and will be provided in the fOnll of a grant, defclTed payment loan or low interest loan to the eligible household. Improvemcnts should bc limited to infrastructure and should not include purchase of pcrsonal items such as television sets, computers or telephones. Improvements may include such things as: . Whccl chair ramps . Widening of doorways . Lowcl;ng of cabinets . Installation of grab-bars . Visual guiding systems for the hCal;ng impaired . Improvements as dcemed necessalY for thc disabh:d person to have a nOl11mllife STRATEGY 6: MULTIFAMILY HOUSING funds may be provided as loans andlor grants to SUPPOlt the acquisition and rehabilitation or new construction of multifamily housing, including single room occupancy, transitional housing, or the housing pOItion of a mixed usc facility andlor mixed income projccts. funds may bc uscd as a match for U.S. Depmtmcnt of Housing and Urban Developmcnt's I.IOME program and various other programs offered by the federal govcl11l11ent and the State of Florida to producc and preserve multifamily housing. Eligible Sponsors may apply for funding while funds arc available. The tenns and conditions of the funds used in this strategy will bc decided on case-by-case basis depending on the economics of thc project and whether or not the project can SUppOlt a 12 City ofCIcJr,I;atcr FY2003-2006 LHAP payment type loan Loans will be defen'ed, zero interest. low-interest or somc clJIl1bination thereof. Recapture will be compl iam with the I-10M E program requirements to ensure afTordabilityas set f0l1h in the City of Clearwater's Consolidated Plan, providing that the unit will be leased or rented to an eligible vel)' low or low income household, When HOiv1 E funds are used with SHIP. the most resuictive rules and regulations will apply. SHIP funds used to match federal HOME program moneys may be repaid to the HaM E program fund if required by federal law or regulations, Loans or grants for eligible rental housing constJ1lcted. rehabilitatcd. or otherwise assisted under this strategy must be reserved for cligible pcrsons for 15 years or the term of the assistance, whichever period is longer. Eligible sponsors that offcr rental housing for sale before 15 years or that have remaining mortgages funded under this strategy must give a first right of refusal to eligible nonprofit organizations for purchase at the current market value for continued occupancy by eligible persons. The SHIP assisted units in a rcntal housing project will be occupied only by households that are eligible as vely-Iow to low income families. r-,'1aximum monthly rent limits will be those established annually by HUD and distlibuted by FHFC. The City of Clearwater will establish maximum monthly allowances for utilities and services and will review and approve rents proposed by the owner for units subject to the maximum rent limitations. The owner cannot refuse to lease SHIP assisted units to a cel1ificate of voucher holder under 24 CFR pm1 982, Section 8 Tenant-Based Assistance: Uni fied Rule for Tenant-Based Assistance under the Section 8 Rental Certi ficate Program and the Section 8 Rental Voucher Program STRATEGY 7: SINGLE FAMILY ASSISTED BOND I)ROGRAM The City of Clearwater will provide SHIP funds to an eligible sponsor who shall be a local Housing Finance Authority (HFA). The SHIP funds will be for eligible very-1m\', low and moderate-income households to be used in conjunction with local bond issues. SHIP funds will be used to create a blended rate and thereby lowering the interest rate on the bond financed loans for eligible households. Loans can be for acquisition of existing homes, new construction and rehabilitation of existing homes. The SHI P funds will be provided to the local HFA at zero percent (OIX,) interest for very - low, low and moderate income households and be leveraged with their bond funds. The bond documents will specify the applicant selection criteria for the programs. Recipients will be selected based on compliance with all eligibility requirements of the SHI P Program and thereafter served on a first come, first served basis. The local BFA will assure that all City SHIP files arc properly documented to assure eligibility and compliance with SHIP guidelines, including expenditure guidelines and also assure that all households assisted with the City's SHIP funds reside in the City of u City ofClcar\\'atcr FY1003-1006 LHAP Clearwater by providing peIiodic rep0J15 to the City of all Clearwater households assisted. SHI P Funds will be repaid to the City when the bond issue meets the Asset Parity Test. Once the Asset Parity Test is reached (104%) with the bonds, and all premium bonds are paid off, a portion of SlllVlus funds generated by mortgage repayments will, at the HFA's direction, be directed back to the BFA. From those funds, the HFA will repay the SHIP investors (local jurisdictions) and itsel f on a pro rata basis until all funds deposited in that issue arc repaid. Repayment will be on a semi-annual basis. The Trustee manages those accounts and each bond issue must meet it's own parity test and they will OCCllr at different times depending on the matlllity of the issue. the number of prepayments and other issues. STRATEGY 8: FORECLOSURE PREVENTION Funds will be provided to assist households who have been previously assisted with City of Clearwater SHIP funds in order to prevent foreclosure. The City will provide funds only one time to bring a household cUlTent with their existing first mortgage, up to a maximum of six (6) payments or the maximum allowable subsidy under this strategy. The household mllst have been assisted with City of Clearwater SHIP and/or HOME funds within the past five (5) years and in order to provide assistance to bring Clll1'ent, must be very-low, low or moderate income at the time the Foreclosure Prevention assisted is provided. The amount of the assistance will be added to the bOlTower's existing City of Cleanvater loan through a modification of mortgage note. The household must commit to enroll in a credit counseling/budgeting course offered by an approved local provider. Assistance wiII only be provide where a valid (documented) hardship exist that is the cause for the delinquency on their first mortgage payments. Such examples of hardship include, but not limited to: · Loss of Employment, through no fault ofbOlTO\ver(s) · Substantial Decrease in Household Income, through no fault of bOIl'ower(s) · Death of Spouse · Tempormy or Permanent Disability that Reduces Income · Recent Divorce that Reduces Income · Natural Disaster . Fire In certain cases where foreclosure on the first mortgage in inevitable, the City may use SHIP funds to payoff the first mortgage and restructure the loan and/or acquire the dwelling and sell the propel1y to an income eligible household. 14 City of Clearwater FY2003-2006 LHAP LOCAL AFFORDABLE I-lOUSING I~CENTIVES The City of Clearwatcr has adopted a sClies of inccntives to facilitate affordable housing, Because Clcarwater is ncarly "built out" ncw dcvelopment is typically Jone on an "in- fill" basis, Thc City has worked with numerous devclopcrs on major construction in the past and in those activities. the City facilitated thc dcvclopcr's applications. assisted with permitting and providcd a variety of inccntivcs making projccts attractive in the City. The City of Clearwater continues to address the two required statutOlY affordable housing incentives through collaboration between those City departments that are involved in the preservation and production of affordable housing. The two required affordable housing incentives are: \, Assurance that pCllllits as defined in Chapter \63.3\64(7) and (8) F.S. for afTordable housing projects arc expedited to a greater degrec than other projccts (420.9076(4)(a) F.S.; 2. An ongoing process for rcview of local policies, ordinances. regulations, and plan provisions that increase the cost of housing plioI' to their adoption (420.9076(4)(i) F.S. The City has utilized the othcr affordable housing incentives as contained in 420.9076(4). In addition to City of Clearwater Staff. the City's NAHAB reviews. monitors and evaluates the physical environmcnt and lifestyle of vely-low to moderate income households assisted by the programs that the City administers through the I-lousing Division. The NAHAB also recommends specific initiatives to encourage or facilitate affordable housing while protecting the ability of the propel1y to apprcciate in value. Such recommendations may include the modification or repeal of existing policies. procedures, ordinances, regulations or plan provisions; the creation of exceptions applicable to affordable housing; or the adoption of new policies, procedures, regulations, ordinances or plan provisions. The NAHAB reviews local programs by assessing neighborhood needs. formulating neighborhood goals and objectives, all in constant consult with the Housing Division. They also establishing ptiorities for projects within neighborhoods, and in addition. monitor and evaluate programs and make recommendations to the City Commission regarding such programs. The City of Clearwater holds public hei:uings and meetings to obtain citizen views and responds to citizen proposals and questions about proposed activities and program perfonnance. Citizens and other partners emphasize the need for a broad range of opinion in the establishment of goals, objectives, projects and priOlities and in the application, monitoring and evaluation of funded programs. Due to the relatively low numbers of new constl1lction at the "affordable" level, and the fact that each development needs diffcrent types of incclltives, projects are handled on a case-by-case basis. Typically, the City's Economic Development and/or Housing Division meets with a prospective affordable housing devcloper(s) to detel111ine the level of assistance and 15 - City of Clearwater FY2003-2006 LHAP needs of the project. Staff then assists the developer through the Building, Planning and Engineeling depmtments for plan review and the other various applications needed for approval. This allows the Housing and/or Economic Development Division to troubleshoot and provide explanations immediately. Because project needs are established up front. assistance can be provided seamlessly. ADMINISTRA TION The State Housing Initiatives Partnership Program (SHIP) administration shall not exceed 10% of the City's annual allocation and 5% of program income received: FY2003-2004 FY2004-2005 FY2005-2006 ; Salaries/Benefits, 1 Operating Equipment, i Travel/Training. I Supplies, i Membership Dues I TOTAL $90,000.00 $90,000.00 $90,000.00 $90,000.00 $90,000.00 $90,00.00 HOUSING DELIVERY GOALS See Attachment "A" - "Housing Dcli\'c/)' Goals Chart ", attached hereto and made a pan thereof TIMELINE FOR EXPENDITURES See Attachment "8" - "Timclinc for Expcnditures ", attached hereto and made a pan thereof. CERTIFICATION PAGES See Attachment "e" - "Ccrtificatio/l", attached hereto and made a pmt thereof. 16 C I T Y 0 F C LEA R W ATE R, F LOR IDA STATE HOUSING INITIATIVES PARTNERSHIP (SHIP) PROGRAM LOCAL HOUSING ASSISTANCE PLAN STATE FISCAL YEARS 2003.2006 2003.2004 AVERAGE/MAXIMUM AWARDS STRATEGY #1 - D9W_N PAYMENT & CLOSIN!3 CQSTS_ASSISTAN.cE Proposed average cost per unit.................................................. ....$10.000.00 Proposed maximum cost per unit................................................ ...$35.800.00 Proposed 2003-2004 maximum cost per unit....................................$35.800.00 Proposed 2003-2004 average SHIP cost per unit................................$10,000.00 Proposed Number of households assisted............................................... ..12 STRATGY #2 - ~l;J?LAGEMI;.NIJi Q1J~1 N G_ Proposed average cost per unit..................................................... .$40,000.00 Proposed maximum cost per unit............. ........ ,...... .............. ...... ...$80.000.00 Proposed 2003-2004 maximum cost per unit ........,...........................$80.000.00 Proposed 2003-2004 average SHIP cost per unit...............................$40.000.00 Proposed Number of households assisted..................... ........................ ..2 STRATEGY #3- PWN ER_~C_CJ) P '-~P-.R EJiABJ I-,JIATIP.lt Proposed average cost per unit..................................................... .$20,000.00 Proposed maximum cost per unit............................................... ....$75.000.00 Proposed 2003-2004 maximum cost per unit....................................$75,000.00 Proposed 2003-2004 average SHIP cost per unit.............................. $20.000.00 Proposed Number of households assisted.................................................12 STRATEGY #4- I;M~F.tG...E;.NCY REPAIR OF EXISTING .V.NIL~ Proposed average cost per unit................................................. ...$7.500.00 Proposed maximum cost per unit............... .................. .............. ...$1 0.000.00 Proposed 2003-2004 maximum cost per unit...................................$10.000.00 Proposed 2002-2002 average SHIP cost per unit............................. $10.000.00 Proposed Number of households assisted...............................................6 STRATEGY #5- DI~ABL1=P RETROFlr Proposed average cost per unit..................................................... .$10.000.00 Proposed maximum cost per unit................................................. ..$1 0.000.00 Proposed 2003-2004 maximum cost per unit....................................$10,000.00 Proposed 2003-2004 average SHIP cost per unit...............................$10,000.00 Number of households assisted... .... ........... ...................... .................... .....4 STRATEGY #7 . MJJ1- TIFAM.ll- Y HO_U_S.l~~ 2003.2004 LHAP AVERAGE/MAXIMUM AWARDS Page 2 - April 2003 STRATEGY #6. S1.~_G_LJ=_f_~MI1,.~QND E8QGRAM)~~S.SJST AN~J; Proposed average cost per unit..................................................... .$5,000.00 Proposed maximum cost per unit................................................. ..$35,000.00 Proposed 2003.2004 maximum cost per unit................................... .$35,000.00 Proposed 2003.2004 average SHIP cost per unit...............................$5,000.00 Number of households assisted......................................................... .....16 Proposed average cost per unit...................................................... $25,000.00 Proposed maximum cost per unit................................................. ..$75,000.00 Proposed 2003.2004 maximum cost per unit....................................$75,000.00 Proposed 2003.2004 average SHIP cost per unit...............................$25,000.00 Number of households assisted........................................................... ...20 STRATEGY #8. cOB_ECLQS1.IRJ; PREVENTION Proposed average cost per unit..................................................... .$3,000.00 Proposed maximum cost per unit......... ........................................ ..$7,500.00 Proposed 2003.2004 maximum cost per unit....................................$7,500.00 Proposed 2003.2004 average SHIP cost per unit...............................$3,000.00 Number of households assisted.......................................................... ....5 C I T Y 0 F C LEA R W ATE R, F LOR IDA STATE HOUSING INITIATIVES PARTNERSHIP (SHIP) PROGRAM LOCAL HOUSING ASSISTANCE PLAN STATE FISCAL YEARS 2003-2006 2004.2005 AVERAGE/MAXIMUM AWARDS STRATEGY #1 . DOWt\U:~ YMEN"T&C~_OSlNG_COSTS ~_SSIST ANCE Proposed average cost per unit..................................... .... ........... ..$1 0,000,00 Proposed maximum cost per unit.............................. ................... ..$35,800,00 Proposed 2004-2005 maximum cost per unit................................... .$35,800.00 Proposed 2004-2005 average SHIP cost per unit................................$10,000.00 Proposed Number of households assisted............................................... ..12 STRATGY #2 - BE~LAG ~M I;J{T-H Ql.tSlt-JG Proposed average cost per unit............... ... ............ ...................... ..$40,000,00 Proposed maximum cost per unit.................................................. .$80,000,00 Proposed 2004-2005 maximum cost per unit ....................................$80,000.00 Proposed 2004.2005 average SHIP cost per unit...............................$40,000.00 Proposed Number of households assisted..................... ........................ ..2 STRATEGY #3 . OWN ~R_O~c_UEIEQ RI::_H~BI !"ITA T!9Jt Proposed average cost per unit............... ............... ...................... ..$20,000.00 Proposed maximum cost per unit.................................................. .$75,000.00 Proposed 2004-2005 maximum cost per unit....................................$75,000,00 Proposed 2004-2005 average SHIP cost per unit.............................. $20,000.00 Proposed Number of households assisted........................................... ......12 STRATEGY #4 - EM E8~g~J~)~J~EfAI RQE_E~tSTJNQ..W.~JT~ Proposed average cost per unit................................................. ...$7,500.00 Proposed maximum cost per unit................................................ ..$1 0,000.00 Proposed 2004-2005 maximum cost per unit...................................$10,000.00 Proposed 2002.2002 average SHIP cost per unit............................. $10,000.00 Proposed Number of households assisted............................................ ...6 STRATEGY #5 . DI~ Ae.1. EJ~J~~ E TR.PE.II Proposed average cost per unit... ............... .................. ................ ..$1 0,000.00 Proposed maximum cost per unit............... ................................... .$10,000.00 Proposed 2004.2005 maximum cost per unit....................................$10,000.00 Proposed 2004.2005 average SHIP cost per unit...............................$10,000.00 Number of households assisted.................................................................4 2004-2005 LHAP AVERAGE/MAXIMUM AWARDS Page 2 - April 2003 STRATEGY #6- SING_L1;_EAMI~YJ~~QN_[LPJiQJ;Bl\M_A$~IS_T~~E. Proposed average cost per unit..................................................... .$5,000.00 Proposed maximum cost per uni t......... ............... ......................... ..$35,000.00 Proposed 2004-2005 maximum cost per unit......... ........................ ...$35,000.00 Proposed 2004-2005 average SHIP cost per unit...............................$5,000.00 Number of households assisted........................... ...........,......... ......... .....1 0 STRATEGY #7 - MUJ" TI~Ml1--\(J:iQU~ING Proposed average cost per unit........................... .......................... .$2 5,000.00 Proposed maximum cost per unit................................................. ..$75,000.00 Proposed 2004-2005 maximum cost per unit....................................$75,000.00 Proposed 2004-2005 average SHIP cost per unit...............................$25,000.00 N umber of households assisted........................................................... ...20 STRATEGY #8 - f~_RECLOSURE: PREVENTIQN Proposed average cost per unit........................... ......................... ..$3,000.00 Proposed maximum cost per unit................................................... $7,500.00 Proposed 2004-2005 maximum cost per unit....................................$7,500.00 Proposed 2004-2005 average SHIP cost per unit...............................$3,000.00 Number of households assisted... ......... ......... ..... .... ......... ......... ......... .....5 C I T Y 0 F C LEA R W ATE R, F LOR I D A STATE HOUSING INITIATIVES PARTNERSHIP (SHIP) PROGRAM LOCAL HOUSING ASSISTANCE PLAN STATE FISCAL YEARS 2003-2006 2005 - 2006 AVERAGE/MAXIMUM AWARDS STRATEGY #1 . QOWN.PA'{MEtJT_&~LP~ING. GOST~ ~~SISTP.NC_E Proposed average cost per unit.................................................... ..$1 0,000.00 Proposed maximum cost per unit,..... ............ .............. .......... ...... ...$35,800.00 Proposed 2005-2006 maximum cost per unit....................................$35,800.00 Proposed 2005-2006 average SHIP cost per unit................................$10,OOO.00 Proposed Number of households assisted............................................... ..12 STRA TGY #2 - BE_P_L~~EMENT_ H.QU_SING Proposed average cost per unit..................................................... .$40,000.00 Proposed maximum cost per unit.................................................. .$80,000.00 Proposed 2005-2006 ma}<imum cost per unit ....................................$80,000.00 Proposed 2005-2006 average SHIP cost per unit...... ......... ............. ...$40,000.00 Proposed Number of households assisted..................... ........................ ..2 STRATEGY #3 . QW~fg.O_C_C1tE.~QgHA~J ~IT~ItO...N_ Proposed average cost per unit..................... ................................ .$20,000.00 Proposed maximum cost per unit..................... ............................. .$75,000.00 Proposed 2005-2006 maximum cost per unit....................................$75,OOO.00 Proposed 2005-2006 average SHIP cost per unit.............................. $20,000.00 Proposed Number of households assisted............................................ .....12 STRATEGY #4 . EMERGEHCY--'3Ee.8!lLQE_~2<ISTING UJ'lITS. Proposed average cost per unit................................................. ...$7,500.00 Proposed maximum cost per unit......... ............ ........................... ..$1 0,000.00 Proposed 2005-2006 maximum cost per unit...................................$10,OOO.00 Proposed 2002-2002 average SHIP cost per unit............................. $10,000.00 Proposed Number of households assisted......................................... ......6 STRATEGY #5 . DISABLI;D RI;TROFII Proposed average cost per unit.................................................... ..$1 0,000.00 Proposed maximum cost per unit.................................................. .$1 0,000.00 Proposed 2005-2006 maximum cost per unit.................................. ..$1 0,000.00 Proposed 2005-2006 average SHIP cost per unit...............................$10,000.00 Number of households assisted... .... .............. ......... ...... ...... .,. '" ...... ...........4 2005.2006 LHAP AVERAGE/MAXIMUM AWARDS Page 2 - April 2003 STRATEGY ;:)6 . SINGLE FAMILY _BOND_PRQ.9-.RAM ASJHSTANG_~ Proposed average cost per unit ............... ...................................... .$5,000.00 Proposed maximum cost per unit...................................... ............ .$35,000.00 Proposed 2005.2006 maximum cost per unit....................................$35,000.00 Proposed 2005.2006 average SHIP cost per unit...............................$5,OOO.00 Number of households assisted............................................................ ..16 STRATEGY #7. MULTIFAMILY HOUSING Proposed average cost per unit.. .................................................. ..$25,000.00 Proposed maximum cost per unit................................................. ..$75,000.00 Proposed 2005.2006 maximum cost per unit....................................$75,OOO.00 Proposed 2005.2006 average SHIP cost per unit...............................$25,OOO.00 Number of households assisted.......................................................... ....20 STRATEGY #8 . FORI;CLOSUR~RE~(;"~nJON Proposed average cost per unit... ................................................. ..$3,000.00 Proposed maximum cost per unit............................... ........... ........ .$7,500.00 Proposed 2005.2006 maximum cost per unit....................................$7,500.00 Proposed 2005.2006 average SHIP cost per unit...... ............ ........... ..$3,000.00 Number of households assisted........................................................... ...5 < : C II E ~ (J II :: 0( l< , t I . ! , . i t . < i ~ f " z o i= ~ Q:: o Q.. Q:: o U IoU U Z ~ Z :.: ;:S ,. -J <: u Vl -= L,OJ .... < ex: ..... 0( Vl J: ::l: U 0 ~.... < ~ Oc: l:lL,OJ >- u ex: Z w <: > t;; ::i Vi w Vl Cl <: l:l tJ Z Z Vi :g :::> og J: ..... <: u o -J l.OJ ;::: ::l: o .... VI .... G w - <: ::l: - Vl - l.l.. t..::l Z - Vl ::J o J: ~ o - Q:: o ....J l.l.. I I L ___.__. "._..' ~ . ... ~ ~ ~ . 1 .. .~ "1' C :::. 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WI $J 15 III E 'f E .. 5 01 .!:! 1: c E 0 . ::J CI .5 ct a. E ,. u no $J QI Co 'tl C III :l ~ .. " " < w Ul .. c :( :J 0 ;=- N M ~ Wi c 0 .. ~ i5 CERTIFICATION TO FLORIDA HOUSING FINANCE CORPORATION Illl'ill (hl\'l:l'I1ment: CITY OF CLEAR\VA TER ( II Till' local go\'ernment will advertise the a\'ailability of SlllP funds pursuant to Florida Statlltl:s. I' I "II Sill P funds wi 11 be expended in a manner. which wi 11 insure that there wi 11 be no disl'l'illlination on the basis or race. creed, religion. color. age, sex. familial or marital slat liS, handicap. or national origin, Ii, " 1'1\lL'CSS ror sc\t:ction of recipients for funds has been developed. 1.11 'I Ill' l'ligihle municipality or county has dcveloped a qualification system far applications far II \\'al'lls , I "I RL'L'ipk'llls of runds will be requirc..:d to contractually commit to program guidelincs. ('1) I Ill' FIIlrida Ilousing Financc Corporation will be notified promptly i I' the local 1'11\ l'I'IlIIll'Il1 (llf' intc..:rlocal entity) will be unable to comply with the provisions the plan, III I Ill' 1,lll'lIl 11t1llsing Assistance Plan shall provide far the expenditure of SHIP funds within ;'.lllllllllhs lilllowing the end or the State fiscal year in which they are receivcd. (s) rill' plall COli forms 10 the Local Government Comprehensive Plan. or that an amendment to IIIl' I.ol'al (io\'L'l'Illllent Comprehcnsivc Plan will be initiated at the next available opportunity III inslIre conformancc with the Local I-lousing Assistance Plan. (II) A 1I1L'lldmL'llts to thc approvcd Local I-lousing Assistance Plan shall be provided to the ('orporillion with in 21 days after adoption. ( Ill) The trusl fund shall be cstablished with a qualified depository for all SHIP funds as well as monc..:ys gcnerated from activities such as interest earned on loans. ( II ) Amounts on deposit in the local housing assistance trust fund shall be invested as permitted hy law, ( 12) TIll' local housing assistance trust fund shall be separately stated as a special revenue fund in the local govcl'l1l11cnts audited financial statements, copies orthe audits will be f'orwarded to the Corporation as soon as available. I J) All il1tl~rl(lcal entity shall have its local housing assistance trust fund separately audited 1'01' cm:h state liscal year. and the audit forwarded to the Corporation as soon as possible. PlIgl' 2 Scplcmhcr 2002 City of Clcannltcr Sill P Ccr-tification (14) SHIP funds will not be pledged for debt service on bonds or as rent subsidies. (15) Developers receiving assistance from both SHIP and the Low Incomc Ilousing Tax Credit (LlIITC) Program shall comply with the income. atTordability and other L1HTC rcquircments, Similarly, any units recciving assistance from other federal programs shall comply with all Fl.:deral and SHIP program requirements. (16) Loans shall be provided for periods not exceeding 30 years, except for deferred payment loans or loans that extend beyond 30 years which continue to service eligible persons. (17) Rental Units constructed or rehabilitated with SHIP funds shall be monitored at least annually for 15 years for cOlllpliance with tenant income requirements and affordability requirements or as required in Section 420.9075 (3)(e) (I X) The Plan meets the requirements of Section 420-907-9079 F.S.. and Rule Chapter 67-37 F AC, and how each of those requirements shall be met. (19) The provisions of Chapter 83-220, Laws of Florida has/has 1101 been implemented. CITY OF CLEARWATER. FLORIDA By: William B. Horne II City Manager Approved as to form: Attest: ..-......... . ~7\ '--.J . 'j , /)/.// /')'I,~' ~'" 1 /./. ^~",/L/ Hr)1in p: Run:/' /1 Assistill1t City Attorney . Cynthia E. Goudeau City Clerk 2 September 2002 Clearwater City Commission Agenda Cover Memorandum SUBJECT/RECOMMENDATION: Elect a commissioner to serve as Vice-Mayor o and that the appropriate oHlclals be authorized to execute some. SUMMARY: Worksesslon Iterr =: Final Agenda Iterr. :; Meeting Daie: OR lS \ :~ ~ (A-. 4/17/03 In accordance with Article II, Section 2,05 of the City Charter, the Commission shall, at their second meeting in April of each year, elect one of its members as Vice-Mayor. The Vice-Mayor shall act as Mayor-Commissioner during the absence or inability of the Mayor-Commissioner to perform the duties of the office of the Mayor. Commissioner Gray currently serves in this capacity, Reviewed by: Legal NA Budget NA Purchasing NA Risk Mgmt NA Originating Dept.: Off Ree a Legis Srve _User Dept.: Info SNC NA Public Works DCM/AC Other NA A"aehments Subml"ed by: -V . ^ ^ J J City Manager T:)C)(.( ~ PrInted on recycled paper iJ None Costs Total Current FY A ro riation Code: Funding Source: CI OP Other PRELIMINARY AGENDA Clearwater City Commission Work Session -1 :00 P.M. - (Monday, April 14, 2003) Service Awards Employee of the Month - Convene as Pension Trustees: 1 - Call to Order 2 - Approval of Minutes: 03/17/03 3 - Request for acceptance into membership: Amy Mobley, Bennett Elbo, Edward O'Neal, Jonathan Phillips, Bryan Elbell, Vance Peel, Marlene Torres, Judith LaCosse, Rebecca Wikerson, Lana Beck, Brandi Portalatin, Thomas Jensen, Emilio Maldonado, Aleix Wells, Matthew McCombs, Michelle Friedline, and Rafael Salazar 4 - Regular Pension(s) to be granted: Francis Mays, Eddie Lloyd, Danny West, Robert McKenna, and Jerry Lovett 5 - Approve the contract with Northern Trust (lending agent) to provide securities lending services for the Employee's Pension Plan. 6 - Designate Margie Simmons, Jay Ravins, and Steve Moskun as having the ability to authorize the transfer of funds by Northern Trust, the plan custodian. 7 - Other Business 8 - Adjourn Reconvene Work Session PRESENTATIONS 1. Status of ITS (Intelligent Transportation System). PW PUR PURCHASING Approval of Purchases per Purchasinq Memorandum: 1, Purchase to furnish and install Milliken Quattra carpet tile (includes removal and disposal of existing floor cover) in the Main Police Department for $189,154.54 from Sylvan Chemical Company, LaGrange, Georgia. (GSS/Bldg Ma) 2. Purchase contract for irrigation parts and supplies during the contract period of May 1, 2003 thru April 30, 2004 for $75,824 from John Deere Landscape, Clearwater, FL. (PR) 3. Purchase of CEC track mounted portable materials screening plant for $172,840.91 from Pioneer Machinery, Inc., Orlando, Florida. (GS/SW/Fleet) 4. Purchase of Cellular digital packet data during the contract period of March 14, 2003 thru March 31, 2004 for $120,000 from Alltel, Little Rock, Arkansas, (Police) 5. Purchase contract for Gas materials - gas meters and regulators during the contract period of May 1, 2003 thru April 30, 2004 for $155,000 from M.T. Deason Company, Inc" Birmingham, Alabama. (Gas System) 6. Purchase contract for Gas materials - gas meters and regulators during the contract period of May 1, 2003 thru April 30, 2004 for $80,000 from American Meter Company, Roswell, Georgia. (Gas System) 7. Purchase of restoration, repair and maintenance of Garden Avenue and Municipal Services Parking Garage for $404,766.45 from Pargon Constructors Inc., Minneapolis, Minnesota. 04-14-03 Work Session Agenda 1 Rev. 01-04/14/03 ED/HSG ECONOMIC DEVELOPMENT/HOUSING 1. Adopt the Res # 03-21 approving the City of Clearwater - State Housing Initiatives Partnership (SHIP) Program Local Housing Assistance Plan covering State Fiscal Years 2003-2006. 2. Approve an Agreement for Display of a Work of Art for the installation of a vinyl mural on the exterior of the Harborview Center as a project of the Outdoor Arts Foundation, Inc. (Consent) IT INFORMATION TECHNOLOGY 1. Award a contract to Sprint, Charlotte, NC, in an amount not to exceed 547,500 for the purchase of Sprint Call Accounting and Voicemail system in accordance with Sec. 2.564 (1 )(d), Code of Ordinances, Florida State Contract # 730-650-99-1. (Consent) PR PARKS AND RECREATION 1. Provide direction to the staff for final design elements for Glen Oaks Storm water Management Project. WSO PO POLICE 1. Re-appoint James M. auinlan to the Board of Trustees, Clearwater Police Supplementary Pension Plan. (Consent) PW PUBLIC WORKS 1. Declare as surplus a portion of the Northwest ~ of Section 14-29-15; Approve an Easement Agreement with the Florida Department of Transportation for the construction of a Dynamic Message Sign as part of the ITS (Intelligent Transportation System) deployment on Gulf to Bay Boulevard and adopt Res #03-16. 2. Amend the Local Agency Program (LAP) Agreement between the Florida Department of Transportation and the City of Clearwater for the Clearwater Beach West Bridge/Spur Connector. (Consent) 3. Accept a blanket Water Main and Utilities Easement over and across Pinellas County parcel # 07-29-16-0000-110-0800, a/k/a Royal Racquet Club, from Timothy C. Szazynski and Carol Szazynski. (Consent) 4. Approve a contract with Community Service Foundation, Inc., a Florida nonprofit corporation, to sell surplus property known as the Fulton Apartments, 1620 Fulton Avenue, situate in portions of Block D, Norwood 1st Addition and Block H, Avondale Subdivision for $925,000, subject to terms and conditions therein, less estimated closing costs of $6,550, providing $718,450 estimated net proceeds at closing, plus 5200,000 payable over 30 years. (Consent) 5. Approve the final plat for "Sun Ketch Townhomes at Lake Avenue Replat" at the southeast corner of Druid Road and Lake Avenue. (Consent) 6. Approve a Proposal for Services in the amount of $90,000 from Grimail-Crawford to perform phase two of the Beach to Bluff Guideway Study pursuant to City Code Section 2.564(1 )(b), sole source purchase. (Consent) PLD PLANNING 1. Public Hearing & First Reading - Ord #'57107-03,7108-03 & 7109-03 - 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, Single-Family 04-14-03 Work Session Agenda 2 Rev, 01-04/14/03 Residential District, to City LMDR, Low Medium Density Residential District for 1779 Audrey Dr. (Lot 37, Pinellas Terrace in Sec. 05-29-16). ANX2003-01001 2. Public Hearing & First Reading - Ord #'s 7113-03, 7114-03 & 7115-03 - Approve the petition of Annexation, Land Use Plan Amendment from County Residential Urban (RU) to City Residential Urban (RU) and Zoning Atlas Amendment from the County R-4, One, Two and Three Family Residential District, to the City LMDR, Low Medium Density Residential District for 1714 Jade Ave (Lot 9, Jade Heights Subdivision in Sec. 03-29-15). ANX2003- 01003 . 3. Public Hearing & First Reading - Ord #'s 7110-03, '7111-03 & 7112-03 - 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, Single-Family Residential District, to the City LMDR, Low Medium Density Residential District for 1740 Nursery Rd. (Lot 7, Block B, Douglas Manor Lake in Sec. 23-29-15). ANX2003-01002 4. Public Hearing & First Reading - Ord #'s 7116-03 & 7117-03 - Approve a Land Use Plan Amendment from the Residential Low Medium (RLM) and Residential Urban (RU) categories to the Recreation/Open Space (R/OS) category and a Zoning Atlas Amendment from the County R-4, One, Two and Three Family Residential District and the City MHP, Mobile Home Park District to the OSR, Open Space Recreation District for property located at 3035 Gulf to Bay Blvd. (a portion of Tract A, Myron Smith's Bay View Subdivision; a portion of Lots 2 & 3, Block 5, Revised Map of Town of Bay View; a portion of vacated County Road 31; and a portion of Lots 1 & 4 of Revised Map of Town of Bay View in Sec. 16-29-15). LUZ2003-01001 5. Approve an Interlocal Agreement among City of Clearwater, Pine lias County Board of County Commissioners, Pinellas County School Board, and eleven cities within Pinellas County regarding the future planning for public schools. ORLS OFFICIAL RECORDS/LEGISLATIVE SERVICES 1. Elect Vice-Mayor of Commission . 2. Review Commission appointees to various boards CA LEGAL DEPARTMENT 1. Request for Authority to institute a civil action against Harris-McBurney Company to recover $1,217.69 for damage to City property. (Consent) 2. Authorize the City Attorney to allocate an additional $20,000 in the defense of the City and James Wood in the case of Palisano v. City, for a total amount of $60,000. (Consent) Second Reading Ordinances 1. Ord # 7119-03 - approve the applicant's request to vacate First Avenue West street right-of- way from the north right-of-way line of Woodlawn Street to the north property line of Lot 20, Belleair Highlands Subdivision, (aka 638 Woodlawn Street), subject to the retention of a drainage and utility easement over the full width of the right-of-way. 2. Ord # 7105-03 - approve amendments to the Community Development Code clarifying definitions of residential use, dwelling unit and overnight accommodations and adding a new section regarding prima facie evidence of certain uses. Other City Attorney Items City Manager Verbal Reports Commission Discussion Items 04-14-03 Work Session Agenda 3 Rev. 01-04/14/03 Presentation(s} for Thursday Night 1. Presentation of "Painted Otter" by Gerri Raymond & Dennis Kellenberger - Clearwater Marine Aquarium, 2, TBRPC Environmental and Development awards. Other Commission Action Adjourn 04-14-03 Work Session Agenda 4 Rev, 01-04/14/03 en ... .(;1 ,a') 1-. /t ,~, .La i',j ,tI'J '..;:;::-:t ........~..~..:.i........ ..,~:,,' "i' ",~ ..:....l\.:<,;..',..., ';-~'.~ ~ .. .' . . . . . . .. - . 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'~~".L- l<::ib ..\ 1::; ;;." ~ \(1"\ __."- ="""" ,,~ _:: '.jJ ~'~m.o/ ........I~ Clearwater City Commission Agenda Con?r Memorandum Worksession Item #: PR\ Final Agenda Item ;; r,loeting Date: 4/14/03 SUBJECT/RECOMMENDATION: Provide direction to the staff for final design elements for Glen Oaks Storm water Management Project, lEI and that the appropriate officials be authorized to execute same. SUMMARY: . This project is the highest ranked capital project for the Stevenson Creek Watershed Plan. . A public meeting was held at the Glen Oaks Golf Course on August 29, 2002. Approximately 30 citizens attended and expressed their opinions. Some of the concerns were regarding multi-purpose field lights and possibly noise from the soccer activity on the multi-purpose fields. . At the October 2, 2002 City Commission meeting, approval was received authorizing Parson Engineering Services, Inc" to provide engineering design and permitting services for the Glen Oaks Storm Water Management Project. . The Commission further instructed staff to hold an additional public meeting when 30% drawings were completed to better illustrate the recreation elements of the project. . On March 5, 2003 a public meeting was held at St. Cecilia's School to display the 30% construction drawings. This meeting was attended by approximately 50 citizens. Resident concerns continued to deal with the multi-purpose fields, including noise, lights, traffic/offsite parking, undesirable activity generated from the soccer use and whether any additional multi- purpose fields were needed to service the residents of the City of Clearwater. . Per Outdoor Recreation in Florida - 2000, which is the statewide comprehensive outdoor recreation plan, the median population guidelines for user-oriented outdoor recreation activities is one multi-purpose field for every 6,000 residents. Based on the City of Clearwater population figures, 18 multi-purpose fields are required to meet this statewide standard. The City currently has 17 multi-purpose fields. Completion of this project will bring the City to the minimum standard. . Based upon the input received at the three public meetings staff would recommend the following changes/conditions to the recreation elements of this project moving forward: o Curfew for multi-purpose field lighting to be 9:00 PM, Most other City facilities are 11:00PM. o Provide parking for 170 cars. Typical parking standards for athletic fields are 60 cars per field. () Relocate restroom and playground by the parking area to help mitigate the need to Reviewed by: Legal N/A Bud~Jet N/A Purchasing N/A Risk Mgll1t N/A Originating Dept: Costs InFo Srvc N/A Parks & Recreation Dept. Total N/A Publk Wmks ;~ Kevin Dunbar, Director~, DCM/AC.~_//-r- ~ -User Dept. y;1"'/ Current FY N/A Other' ~-- Parks & Recrl!<!~()~~~P-t..._____ Attachments: Funding Source: CI OP Other Submitted by: i) 'd ~ City Manager ~ "'vr · L_.,______,____. _ '.J Printed on recycled paper o None Aoorooriation Code: None Rev, 2/98 park on the street. o The east most field could be relocated further to the west. It would require the removal of several mature oak trees. · If one or more multi-purpose fields were removed from the plan, staff would recommend removing all recreation elements from the project site for the following reasons: o Removal of the east most field would only leave one field. That is currently what exists at the David Martin Field site, which was renovated a little more than one year ago at a cost of approximately $100,000 and still maintains the existing inventory of multi- purpose fields. o Reducing the active play elements of the park (removing the multi-purpose fields), creates an environment consistent with Crest Lake Park before the recent renovations occurred. This type of facility would attract undesirable. illegal and possibly immoral activity. Active elements bring citizens into the park, which is one of the best deterrents against inappropriate behavior. o Utilize the recreation element budget for other recreation needs in the City, 2 Meeting Date: 04/17/03 o R [-~.; J-- Clearwater Ci ty Commission A genda Cover ~vlell1orandLlm '- Final Agenda Item # SU BJ ECl/RECOMMENDA liON: Appoint Commission members as representatives on the Regional and Miscellaneous Boards listed below: o and that the appropriate officials be authorized to execute same. SUMMARY: The City Commission is requested to appoint representatives to various boards that deal with issues affecting the City. Board (DatelTime of Meetinq) Deleqate Tampa Bay Regional Planning Council (TBRPC) (2nd Mon. - 10:00 a.m.) Jonson Suncoast League of Municipalities B.O.o. (3rd Sat. - 11 :00 a.m.) Jonson Performing Arts Center & Theater B.O.o. (PACT) (3rd Mon. - 5:00 p.m.) Aungst Mayor's Council of Pinellas County (1 st Wed. - 11 :30am) Aungst Chi Chi Rodriguez Youth Foundation 8.0.0. (twice a year - Mar. & either Sept. or Oct. - time/location TBA) Hamilton Jolley Trolley Transportation of Clearwater, Inc. B.O.o. (Quarterly on 2nd Wed. - 5:30 p.m.) Hamilton C.H.I.P. Board of Directors (Last Wed. - 8:00 a.m. - Police Headquarters) Gray Clearwater Marina Aquarium Foundation (as called) Hibbard Continued -2- Reviewed by: Legal NA Budget NA Purchasin NA g Risk Mgmt NA Info Tech Public Works DCM/ACM NA NA Originating Dept: Official Rcds & Legislative User Dept. Costs Total Funding Source: CaC:lal Impto....crrent Current Fiscal Year Other NA Attachments O;-.e'at1ng 0-.-'" Appropriation Code: o None Board (DatelTime of Meetinq) Deleqate Barrier Island Governmental Council (4th Wed. - 9:00 a.m. -location TBA for each meeting) Hamilton Tampa Bay Partnership Board of Governors (as called) Aungst Tampa Bay Partnership Policy Board (bi-monthly - 9:00 a.m.) Gray Tampa Bay Estuary Policy Board (Quaterly - 1 :30 p.m.) Commission member highly recommended Jonson Sister Cities Committee Gray The following boards have the specific term expiration date noted: Emergency Medical Services Advisory Council (EMS) (Annually on 3rd Wed. in March - 3:00 p.m.) (EMS Charter requires Mayor to serve as representative) Aungst (term expires OS/2003) - 2 yr term Pinellas WorkNet Board (3rd Wed. - 8:30 a.m. - location TBA for each meeting) Gray (term expired 9/30/2002) - 2 yr term St. Petersburg/Clearwater Area Economic Development Council Hibbard (Quarterly - time & location TBA for each meeting) (term expires 10/2003) - 1 yr term Pinellas Planning Council (PPC) (3rd Wed. - 9:00 a.m.) Hamilton (term expires 12/31/2004) - 2 yr term Pinellas Suncoast Transit Authority (PST A) (4th Wed. - 9:00 a.m.) Jonson (term expires 9/30/2003) - 3 yr term Metropolitan Planning Organization (MPO) (2nd Wed. - 1 :00 p.m.) Gray (term expires 09/12/2005) - 4 yr term Long Center Board of Directors (LCBOD) (4th Tues. - every other month - 7:30 a,m.) Gray 4/4/2005 - 2 yr term Hamilton 4/4/2004 - 2 yr term Hibbard 4/4/2004 - 2 yr term Hibbard (term expires 9/30/2003) - 3 yr term Pension Advisory Committee (PAC) (2nd Thurs, - 9:00 a.m,) 2