08/12/1993
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ENVIRONMENTAL ADVISORY BOARD
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1. Aug 1 '3':;"3
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AGENDA
ENVIRONMENT~L AOVISokv COMMITTEE
ThLlr sday, 12 AugLlst 1'3'33.... @ 4: 00 P~l
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Routine Agenda.............. .'......... (Hunt.".5 Miri)
- Minutes Approval
- Confirm/Revige Agenda
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Old Business..... .'. ~.'........ .'. ~.. .'.... (HL\nt. .50' l'1in:>
,R~view .clf p.;:.tential Bayside, ArbJ:IY'~> '~ecornmendaticln
(peY,'M. Fl~ley and T. Miller suggest,i,:,n), .
~ Review Minutes of Special Meeting df 13 July
,* Revie~ of lett~y to EAC re~eived-from Mrs: Eleanor
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Robe~ts (Seville 'resident)...cqpy attached
*',C6mme~ts by Mr. Mazuy ~nd ,Zorn Communiti~s tnc~who
h~~erequ~sted the ,opportunity to: attend.
* Formalization of any EAC action recommenda~ion
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Coordination MYetings/Is~ues StatLls..(Q~illeM.30 Min:>
'+ f\.lPDES Update (EAC cc.mments/r'ecclmmendatil:.ns' 011 .
. 'City/County Model' ordinance draft ~pd~te.)
-I- Mid-Pinellas Plan' (City C':~mmissil~n actb::.n LlpdateL
'.to "Updatell~eview Qf' 't'''ee FW.;:.tC!ctic'n oY'dinance status.
:... EAC c':Imments ,:,n p'rclpc.sed" Stormwatel' Ut'il ity budgp.t,
"(Info I:':'PY previ.;:)usly pn:~vided)
Other ?
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New Business.~~~.~..~'".""....v..~...~..M_~~(4C) Min:.
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- Re~iew City plans to provide convenient, accessible"
hazardou~material disposal sites... (Quillen)
Prioritize environfue~ta] pyograrn emphasis including
AlIens Creek and Downtown development area efforts
Implement, response to City Commission request fQr
dCII:LlmentatiQn elf EAC 'activities... (gel1t?Y'..;\'~e
dra~t/requests f6r9Sept review....Hunt)
Conside~ alternative meeting datesio improve member
attendance.....Tuesdays?,
- Confirm 9 Sept agenda (ref: Lo~g Term Agenda below):
+ 9'Sept....W~ter reLlse status including an~ City
reinjection plans and Reuter issues Cdtd 6 ~eb).
Initial nQminations for future EAC officprs.
+ 7 Oct-Election of officers forne~ year (Effective
N.~v ' 93-0c t '94)
'....Ecological Activities including: Expanded
gr~en,space and t~ee replacement; Cooperm Point
pi~servation and, reduced Sand'Key mowing
ADJOURN (6:15 PM:>
Att~chments,A, B, C
cc: Eleanor Roberts
. Ed . Mazur.
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Minutes
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ENVIRONMENTAL ADVISORY COMMl1vfEE
July 8,'1993
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Vice-Cbairman~ Mr. Foley, Mr. Morris, Mr. Davis' and Ms. Lanza and Ms. Garris.
Members Present:
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Member Excusecl: i
Ms Donovan, Ms, Melkonian, Ms. Sharpe and Mr. Hunt
Member Absent:
Mr. Harris
Alsu Present:
T. H. Miller, Assistant Director, Public Works/E.nvironmental
James Richter, Publie Works Engineer, Pinellas County
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The meeting was called to order' by the Vice-Chairman, Me. Foley in Conference Room B of the City Hall
Aimex on July 8,1993 at 4:io P,M. '
Mr, Miller presented a copy of memo received from the City Clerks's office, in which the commission the
requested the Environmental Advisory Committee to review their accomplishments and provide the Commission
with a,report. Mr. Foley stated no action was to be taken at this time, but the issue will be discussed at the next
meeting, when Mr. Hunt will be present, since h~ has all the information available to preparL? tbe summary
reporl. A discussion ensued Oll the aspect as to whether the EAC might be elevated to the status of Board. The
consensus of members present was to leave statu~ as is, however this is also to be reviewed at the next meeting.
,Ms. Lanw inquired whether EAC had a budget to have members aHend stonnwater management conferences
thal were 10cnI. It was suggested this request can be added to the status report of the committee.
I. ROUTINE AGENDA
A, ' REVIEW MINUTES FOR API'ROVAL
There were no changes to the minutes, a motion was made by Mr. Davis to approve the minutes as submitted,
, and seconded by Ms, Garris. . The motion passed unanimously. ' .
U. CONFIRM AGENDA
No correction to agenda.
C. ~ITY CLERK QUALIFICATION LE1"ER
Reference to City Clerk's memO on qimlificalions of appointees, who must be residcnts of Clcarwater, maintain
residlmcy during term of appointmenl, not an employee of the City,' nml may not sit on two City Boards. Il was
confirmed that appointees met all qualifications.
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II. NEW BUSINESS
A. COUNTY WATERSHED MANAGEMENT SPEAKER
Mr. Ouvis queslioned whether any of the major parking lols of commercial developed lIrmlS have challenged the
Stormwater Utility budget, and if fees were being paid. Mr. Miller informed the committee that some challenges
have occurred, but only nddressing conlirmation of square footage used,
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Mr. Foley introduced James Richter, Public Works Engineer of Pincllas County, to discuss the goals of the
Counly in relalion to surface water management activities bctween City of Clearwater and lhc County. The
County's organizational chart was presented indicating the different lcvels of departments nnd divisions and the,
interaction of the:lc divisions, A committee has been formed, "The Troika", consisting of Will Davis, Director
of Environmental, Tom McGruc, Public Works, Dircctor of Engineering, and Elmer Spencc, Public Works,
Division Engineer, who willl'cview all environmental projects. A brief description was prescnted on the process
thc County adheres to in determining whether un interlocal agreement is rcquired before any funds are
expended. Mr. ,RiehLer also reviewed all that is covered under the inlerlocal agreemenL that is involved in
obtaining approval of a project. Water qualitynnd habitat restoralion, arc taken into co'nsideration al time of
design. A new concept was introduced on future delention ponds that wil! be called Flood Plain Restoration.
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Mr. Richter juoceeded with his presentation referencing to the Mid Pinellas Watershed Management Plan. The
County' is in favor of the concept and negotiating with Clearwater, with Clear\vater preparing the draft ,
agrcemenl. A discussion followed as to how the interlocal agreement would be llsed in the assignment of some
of the projects, The operation and maintenance of projects have not been decided, and ure still in the discussion
stage. The County would incorporate [he Mid Pinellas Plan, if approved, into the list of capital improvement
priorities that arc being estublisheu by the Troika Committee. Allen's Creck is the only projr.ct presently under
the Mid Pinellas W<ltershed Man<lgcment Plan. An interlocal agreement is being developed by the City of
Clear\vlltcr with the County for Alligator's Creek. '.
B, UPDATE OF STATUS OF CITY OWNED UNDERGROUNO STORAGE TANKS
A discussion followed on the various issues that will be looked at once the Mid Pinellas Plan has been
established. Flood Plan Management and Flood Damage Proteclion Ordinances were discussed. Ms. Garris
inquired llhout incorporating waler quality benefits with the flood plan at Mullet Creek. Mr, Riehler slated that
the contract wa,:; for water drainage plans nnd construction drawings only. AlIigutor's creek will be II flood control
projecl with watcr quality benefils.
Mr, Miller stated that the County hilS suggested the City of Clearwater takc the lead on the administrative
aClivities, The county cannol expend any fun'ds this year for the plan, l~owcver il was confirmed that thc
agreement b required by'September. Once the concept is presented and approved the plan can go forward.
Signatures need to be obtained by all parties of the agreement by Septembcr and Mr. Mil1er stated that the City
Manager ucclared that if other municipalities could not contribute funds, Cleurwater still wants the participation
of other municipalities in the planning and discussion, The staff is making a presentalion to the City Commission
to ouLline the entire watershed concept and progrnm for Cleanvater on August 5, 1993. The lnterlocal
Agreements will be presented to the Commission for evaluation, along with a linal druft at a later date. Mr.
Richter informed Lhe EAC members that the Board of County's Commissioners workshop will be televised on
July 13, al 1:30, on Channel 25, It was suggested members can make any comments on the workshop at the next
EAC meeting. The EAC members tlumked Mr. Richler for his time,
A prirHmll WilS distributed to all members present Oil Pollutunt Storage Tanks process, along \vith registration
informalioll and estimated cost and proposed schedule. Mr. Miller gave an brief overview of the underground
slorage proct:ss There lire 48 Innks lhat belong to the City of Clearwnler, and there nTe 63 sites that have some
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activity under way. 45 being in compliance. remainder requiring /lome level of clean-up. A discussion evolved
on the trllcking system established by Miles BlIlIogg, Supervisor of the Program and the administrator. Under
present system the' City now clln identify where all the tanks nrc, when they need to be replnced. and the City
has tried to develop n reasonable implementation llnd replacement. The question was askca as to whether all
these tanks arc nccessary. Prescnllya user task fmce is being created lO,discuss the neccssity of nil these tanks.
Budgeting has been withheld for all replacements, presently only doing removals. Other options arc being
considered. Grounds water contamination from gasoline is #1 problem in the state of Florida.
C. REVIEW OF I'ROIJOSED STORMWATER UTILITY nUDGET
It wns suggested lhis be differed to a later date.
D. OTHER
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Mr. Miller answered Mr. Foley's inquiry as to whether ~ SWFWMD can ilisue permits on projecls in which
they arc also Iinancially participating and proviped.lhnt I~Y do not own lhe property, and Mr. Miller
answered M~. Foley's inquiry in the affirmative. " , ' ,
The commlUee'members were informed that Zorn Communities, Inc. is developing a project on Baysidc Arbors.
Zorn will' have to provide stormwater treatment for their site, but not from run-off from off site. Mr. Miller
expressed his concerns over this anel suggested this be mude a stormwater project. A discussion ensued. The
EAC decided to visit the Baysidc Arbors as n grllUp. Meeting scheduled for Tuesday p.m, Mr. Foley will notify
City Clerks office nnd press if meeting is to take place as a group. . Mr. Miller offered to be present at this
meeting,
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, E. CONFIRMING AUGUST J2 AGENDA
· Prioritizc environmelllal., program, emphasis, inclusive of Allen;s Crct~k and Downtown
development area efforts, '
Revie\v City plans to provide convenient, accessible, hazardous material disposal sites.
· Committee Status
Have the Zom Communities. Inc. project brought before the Committee at next meeting,
III. OLD BUSINESS
A. COORDINATION MEETJNGS/ISSUES
- NI'DES ,
NPDES - Received response from EPA on submittal of June 28, 1993 application. Pineltas County
Draft Ordinance; and Stormwaler Ordinances were satisfactory, and have been deemed complete.
Response has not been received on Part II application.
-ACTION RECOMMENDATIONS FOR CITY COMPREHENSIVE PLAN
Recommendations for City Comprchensive PllIn Environmental Objectives, was reviewed previously,
Mr. Foley stated he believes the major now in meeting the Comprehensive Plun is llwt the City docs
not have.a Slormwater Manngemcnt Planl however, the City is moving towards that direction.
- POSTPONEMENT OI~ TREE ORDINANCE
Ms. Garris inquired the reasoning for postponement of Tree Ordinancc, and wished to know what
chnnges had occurred from the ordinance given ,to members 10 revicw. Mr. Miller informed the
members (Iml thc major change WIIS that the commission did not agree that the Mangrove component
sh()lIl~ be stronger thun the slate plan, As a resull of the change, when the slale permits arc issued;
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the City is to follow. More details were presented on the mangrove issues, mainly that Environmentalist
, stress more importance on Mangroves. Ms Garris made a motion "In light of the faetthat mature
mangroves provide hllbitatt mangroves need to be properly managed, EAC re'commends that more
stririgenl requirements of mangrove lrimming be returned to the Ordinance and remove, Seclion '52.32
No 4 from the Or~inance." The motion was seconded by Mil. Lan7,nt nod passed. Four for and one
opposed by M~. Davis.
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· OTHER ,
Mr, Foley requested a motion be passed that the City of .clearwater price the cost of doing sediment
sllmples and to idenlify some sites for samples to be laken and brought to this committee for review.
Mr. Miller stated no m'otion was necessary, howcvert his staff would inquire whal the cost of sampling
would be. ,
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The ne?'t meeting is scheduled for Thursduy, Augusl12, 1993 at 4:00 P.M.
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Motion was made ,to n~iourri at 6:25. ,
'~espectful~y submitted by Viola Wasi1ews~i. Staff Assistant n.
, Attachments:
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Agenda for' August 12 Meeting' ,
,(A) Additional Queslions relative to Baysidc Arbors
(B) Letter,lo EAC from Mrs, Roberts (Seville Resident)
(C) Minutes of Special meeting of July 13; 1993 (Mr. Foley)
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Attachment A
1 Allg 1993'
Consid~rations Y~lative to Bayside Arbors Discussion,
Mr. Mi,ke QUillen" wh,:) is well a.::quain-ced wii;h thlr: is!':)Ll(;lS,
will be the City representative (Mr. Miller is on v~cmtion).
Please l"ead the attadlerJ letter' h'om 111'"5. R,:,be\"ts and y'eview
th,e ni1nl.l'bes co" the, 13 .JLlly'Spe,:i..>\l Meeting. Ple,:\se fe'l"rnl.ll",lte
any questions you may have fo~ the clevelop~ys representative
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My. r.::.leY,has des.:ribed many benefi.:ial :c.:,nsideyati.;:.ns
relative to,a potential city puYehas~. A few poteritial,
additional qllE'sti.::.ns aYe enumeY'atl=1d bl~l.:tw: (I missed the,
Speci~l Meeti~g chaired by Mr ,Foley on 13 July.)
-'Has the sale been consumated? Who :is the meller7..isit
the Seville devele'pe)"?Dt')8s the'Seville develr.:'p'el" have any
,obrigation' to restrict this pYOp~\"ty from furthe\" commer~ial
dev~lopment? Should the City attemp~ to iritervene,at ,this
late',time in the sales neg.:.tiatic,npyc.cedl.lre?
,~ Mrs' Robert5 ~uestions ~hether, ~de~uate Sev{lle Bpulevard
a.:r:essYights are being ,:,btained ,f/or City ne~dr,;?
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- Wha~ ~ould the approximate cost be if the City weye to
c.:,nsider a.:quiring the prope'l"l;y? Is th~' potential pad~
SLlffl.:iently ac'cessible/benafi.:ial to .jLlstify 'pl"C'pel"t;y
acquisition w~th taxpayer funds?
- H!<'t:;' the ,City evel" indicatp.d an intel"est in acquil"ing 1;'hi5
py'operty f.:.y cc.nsel'"va;;ion .;)1" park I_lseage? (Is the plrOpeyty
'identified in any C,;:.mpl"ehensive Planning.) Should l;he City
plan creation of a p~yl~ facili~y in order to e~p~nd the,
access and utility of the area?
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- M~s. Roberts has verbally express~d concern about the
!..:;mall size I::' f some ,;:. f 'the I" ental pr'I:'er ties pi annsd. I n view
'of l~mited accessibility, would i,t be more 'appropriate foy a
Seville'Yesid~nt5 group to acquire ihe pro~erty to protect
thei~ local environment?
- l"II'"'. Mill e.l" 'has ind i c at edth'at the" devel.:,pl?r ,11';;\5 w.;)r ked
~ith City staff' to, insure c6mpli~nce with environmental,
conceyns and that their 5ite plan featur~D exceed City
regulato\"y yequirements.
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- If the EAC recommends that the City acqui~e, thia property
CD~ we indicate where we would prioYitizethis action
relative to the ~se of available fund~? W~at ~rojeet would
we' recommen~ delaying in ordey to make this current
purcha5~? ,(City staff is yequested "to provide appropriate
b~dgetary 'insight yelative to this q8estion.) ie: ~here do
funds fe.r puY.:hase and park rank in City bll'dget plan?
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1001 Pearce Drive, Unit 211
Savilla Oondominium 2
. Clou.wa.tor, Fhridll ,4624
20 July, 199;
C
,,/~y
,/ ///
Ms. Carol Browner, Admialstrator
U. S. Environmental Protootion Agenay
401 - K Streot, s. W.
Washingten, D. o. 20460
Dear Ms. Brovnert
Enclosed is letter presentod to the City Oommissioners ot Olearwater, Florida
July 1, 1993. Tho Oommissioners are to make a deoision regarding tho most
beautiful ar~a loft in Pinellas Oounty August 1. Oonsideration of development
of this uniquu aroa fer rontal properties oooms beyond oomprehension with tho
dearth of open area in ovordevel.ped Pinellao Oounty and its location en Old
Tampa Bay. This property Dn old Tampa Bay has the only virgin bluff botWOOD
hore an~ Apalachicola; it also 0011tains a otnnd .r raro marsh hickory treaD in
addition to magnificent old .aka. I don't think that anyone would disputo the
fact that this is the moat beautiful opot in Pinellaa County with tho oharm,of
.Old Florida.-
I would have made my effort towards preasrvatien of this area long before had
I known it was subject for aale; I had boen asaured by othere that it would not
be aold. Only rDcontly did I learn that th~re 1s a drainage pipo emptying its
potroleum byproducta and other deetruotiyo residue frem a 55 plua aor~ shopping
mall (Clearwater Mallon Highway 60 and U. S. 19) from tho prGp~rty under oon-
s1derat'ion by developers directly into Old Tampa Bay with no purif'icll t10n
system in place. H.w much ~ore development can Old Tkmpa Bay abserb?
I was vary happy to read in the st. Poteroburg Timos .r July 7 that Florida will
h~v~ stricter laws regarding the env1ronmDnt. However, it appoars that this ono
remaining jewel in this arD& will be destroyed unless thero io prompt action
before Auguat 1. Clearwater has a nowly formed Environmental Advisory Oommitteo
of ten (10); the Chairman i. Harold W. HWlt, 81,-461-55}8.
In ~dditicn to preserving this area aa a preserve and non-pollutor, this small
gem should be viewed from the atandpoint ofdlistorical oignificance. Young
Mr. Pearce of the .riginal Pearce owners went to Spain in the 20'0 for the root
stock of the Valenola Orange. As you can see from the poop sheet, the name
~Beville. h~s been known since the 1800's_ Rabbits run allover the place and
it appears ~o be Q sanotuary for birds.
It is crimin~l to think of something so precious being destroyod f'or the sake af
a quiok profit. Tho Developer has a history ot turhing over their propertloe in
two (2) to Beven and one-h~lr y~arD. What will pollution f'rom cars in'~57 rental
units do to the surrounding irreplaceable ~roes in their ingress and egrUSG from
their property7 Trees are the henrt of -Beville- which was built in the Spanish
style as a retirement home. I like to think .r thaae original Gwnors atill alive
and those, who h~vo gone on with leva in their hearts f.r Seville as caretakers of
this oherished bit .t land for futuro goneratione.
~cortllY" -:I
P-4-00t__>-w-V ~~
~lean.r Robert.-/
133
'I: [
" ,
I,
July 1, 1993
Respectfully submitted to the cOlranissioners o[ the ci t.y of C.t€':nt1"n.l~er.
Re: Proposed qevelot:m1ent of 224 rental units on 22 acres of Old Tampa Day
land just east of Seville BoulaVilrd. Proposed by "7,oomll Cormnuni tics Inc.
and to be called Bayside ^rL~rs.
May it please the commissioners to consider the following points concerning
this proposed d,eveloprnent. whic~ is of concern not only to Sevi 11e in11[]bitants
but to the entire Bai' /\rea in as much LIS it is unique with the only vi rgin
bluff from here to Apalachicola and contains some rare marsh hickory as well
as large oaks.
This proposed developnent ,.;ould be al; the back of the already OXi31~illg Seville
"
Boulevard. "Boulevard" in this case is a misnomer in as much as it. does not
fit the DOT description of boulevard except at the 'entrance. The rest or the
road is one lane in ,each direction. This road was originally constructed 22
plus yenrs ago to serve as a private road for the seville cOl!lplcx. It 'las
never intended to serve for general public use such as rnallshopping traffic,
city buses/mall delivery trucks, a thorOu~lfare'between Gulf-to-Bay and US
Hwy 19, a roadway over private land to Old Tampa Beach or to provide for the
traffic engendered by 224 rental units with attendant guests, service truc)\"s,
etc. The present condition of this road attests to the fact, that t.his small
road was not designed to handle this amount of traffic! For many yeilrs there
has been concern over the safety of elderly citizens crossing this road. There
is no assurance the increased traffic caused by the proposed 2211 uni t.s ,dll
not spread into other roads in Seville. Doc\;ors t.ell their patients to ual!{i,
they need safety when they do so. Dacking out of parking spaces is generally
,'a slow process for older people and increased traffic could be unnerving.
Seville has been knO'ffl to have a low criMe rate;'however, in the last two or
,three yoars ''ie have had a rise in incidents as has the rest of the nation.
We fear'that with a new pevelopment we may find ourselves leading the area in
increased crime.
The buildings comprising Seville are reminiscent of "Old Floridatl. The owners
take pride in their buildings. It cnnnot be assured thal~ rental units over
a number of years will maintain this type of constant care. The residents
,of Seville have been told that they and these new properties will be separated
by a chain-link or "some kind of \'lrought iron" fnnce.. .This can hardly have
aesthetic quality., In addition it was stated that a security gate will be
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pla~ed at the end of 'Seville Boulevard between the two properties because "We
(ZOH) cannot have just anybody entering or ~alldng on oUr grounds". For over
.t~lenty years the residents of Sevilla have been assured t.he privilege of walk-
ing along the roadway and the beach of Old Tampa Bay. Official records reveal
that the Qocwnents of all nine condominium associat:;.ions give the legal descrip-
tion of Seville as "all the land" "lithin the serpentine walls 011'the north
and south; US 19 to the west and Old Tampa Bay to 'the east, inCluding 18 acres
of 'submerged lund.
According to the Plot Plan of Zoon~ dCVGlopnent, buildings 11, 12, and 14 of
Seville would overloolc a large dumpster area with all ~ts cumulative problems.
'This is a fur- cry from a view of, th~ bay' and totally unacceptable. Seville
, .
buildings each have well-eared-for storage roo~ in which dumpsters are ltept
and only brought out on pick-Up days.
Can the pbllution from so many automobiles be assessed on the ,human and natural
environr.l',mt level? The passage of so many automobiles through Seville to
renta~ properties can only lead to devaluation of property values at Seville.
The ~~OOM COlt'ununities INC. can surely find another area which will render a fast
, ,
profit. 1~e grounds surrounding 'Seville have been described by envir~nmen-
talists as thQ I1most beautiful in this areall. Would it not better serve resi-
dents of Seville, City of Clearwater, Pinellas County, State of Florida and
the enviro~cntal world to taJ~e time to form some type of committee for long
term planning? This unique jewel must be p~otectedt
I ,
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1'2A
TIMES. WI;DNES01W, JULY 'l 10l-J3
. .
opinion
.
EDITORIALS
Florida's new envirocop,
Florida has a new environmental super- _ Wildlife and fish. The frflgmented ap-
agency, but it doesn't have all environmen- proach to protecting fish and wildlife in
tal mission. Florida is much less defensible than the
, The state Legislature left those details previous existence of the departments of
to Virginia Wetherell, secretary of the new- Natural Resources and Environmental Reg-
iy created state Department of, Environ- ulation. A new approach to resource protec-
mental Protection, and her task is formida. tion in Florida requires a new coordination
hie. Though the departments of Environ- for the Florida Game and FreRh Water Fish
mental Regulation and Natural Resources Commission and the Marine Fisheries Com-
were formally merged last week, the' task of mission"
inte,&rating their wor~ and forti!Yi~g their _ Cumulative environmental impacts. A
environmental effort IS only beg~nmg. more balanced environmental approach
Wetherell has taken .some Important considers the overall effects to an ecosys-
early ~te~s toward meamngful regulat-:>ry tern, not just whether one development is
consohdatJon,. and her tal~ about managmg good or bad. To do so, the state has to take
ecosyst~ms IS encouragmg, One of th.e a longer view and consider the effects of
great failures of .cur~ent regula.tory law IS prior development or pollution practices.
the extent to which It tends to Ignore that .
larger picture. Too often, regulators look at a Checks and ba!ances. A consohda~ed
only whether a proposed marina would D~partment of Envlronm.eptal Protection
endanger manatees or harm water quality, ,wIll need to assure tha,t .CltlZCn~ have ade-
and not at whether a bay~s ecology can quate re~ourse to declsJOnmaking. If, one
survive further development and encroach- agency director can approve ~ne permIt for
ment. I~rge-scale development proJects: ~he PU?-
For the merger of the state's two lead- he needs to be. ass~red those dec~s~ons will
ing environmental agencies to work, state b~ ma~e on sCIentific and not pohtlcal con~
regulators - and state lawmakers - will slderations.
need to Lake that broader view. Among the The "stake holder" groups that Weth-
issues facing a consolidated Departmen~ of erell has assembled' to consider the issues
Environmental Protection: facing the Department of Environmental
. Enforcement. The state now spends Protection are a helpful step, but, ultimate-
most of its regulatory effort in analyzing Iy, her own environmental bearings will be
and approving development permits; it tested. When she submits a plan to the
rarely follows up to see if the developer Legislature in December, that plan will
delivers as promised on protection or miti~ become Wetherell's environmental mis:sioll
gation efforts. A merger should help the and her vision for this state's wlique land-
state better deploy staff to assure at least scape. Florida',s regulatory efforts certainly
minimal enforcement. can be made more efficientt but this state
II Sensitive upland areas. Much of the , didntt lose half its wetlands to development
regulatory law is aimed at protecting sensi~ because it suffered from regulatory over-
tive wetland areas. But a true ecosystem kill. This merger will' work only if the,
approach, as suggested by Wetherellt will . founding principle is not.just to streamline
have to consider the value of all habitats. but to strengthen.
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CITY OF CLEARWATER
Interdepnrtment Correspondence Sheet
REGQ2-04-08.03 ,
TO:' Environmental Advisory
FROM,:
Michael Quillen, Water
Commit tee '1'J
Resource Engineer:~
COPIES:
Tom Miller, Asst. Director of PW/Environmental
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SUBJECT: Bayside Arbors, Site plan Review Status
DATE: July' 12, 1993
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This memorandum is to provide the present status of the subject
project with respect to the site plan, review process. Following a
pre-'submission conference with city staff, the developer ' submitted
the preliminary site plan in late May 1993. ,A c~urtesy review by
the city Development Review Committee (DRe) was held on May 27,
1993 and various comments were provided to the developer., The City
Commission reviewed the preliminary plan on July I, 1993 and
recommended referral to the DRC with an added condition that the
project be evaluated, using the criteria in the fo~thcoming revised
Tree, Protection Ordinance. The DRC,again ,reviewed the project on
'July B, 1993 and the conditions for certification were formalized.
A list of the conditions as adopted by the DRC is attached.
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'1'he next st:ep in the' process is final 'approval by the City
Commission.
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If the plan is approved by the Commission with no significant
changes, it can then be submitted to the City Clerk for
certification. Follm.,ing certification the building permit
application can be submitted. '1'hi5 application will contain,
detailed construction plans to be reviewed by all applicable city
deyartments. Concurrent wi t:h this process, the city Tree Removal
Permit application and Clearing and Grubbing Permit application
will be processed.
Prior to the preliminary plan submission and during the revie.....
process the project, developer and engineer' have held on-site'
meeting~ with city environmental staff to assist in' site plan
development with respect to tiee protection. We will continue,to
work with the developer throughout the building permit and
construction phases of the project to assure that all trees to be
saved remain in a healthy growing condition.
U i \OATA\Wrf IlES\HICII^El. \[ACOA .MOQ
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'SITE PLAN REVIEW, PROCEDURE
,BAYSIDE ARBORS
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PRELlMIN10RY
SITE PLAN
SUBMITTAL
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/ COURTESY DRe REVIEW'
, .... 5/27/93 , ~ I '
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CITY coMMISSION
RECEIPT & REFER TO ORe
7/ ~ /93
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, FINAL
SITE PLAN
SUBMITT AL
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BAY:SIDE
ARBORS
, 7/13/93
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, REVI,EW
7/8/93
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SITE PU\N
CERTIFIED
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/ 'r" CITY COMMISSION ~ '\,
\ ' FINAL APPROVAL I
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BUILDING
PERMIT
APPLICATION
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DE'PARTMENTAL
REVIEW
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I STANDARD ~AOC~DURE
CONSTRUCTION
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.I SUPPLEMENTAL REVIEWS
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UNOFFICIAL
Members Present:
Scott Shuford
Acting Chairman, representing
Planning and Development
representing Public Worksj
Environmental
representing Fire Department
representing Public Works/
Engineering
representing Planning and
. Development
representing Public Works/
Transportation Group
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Mike Quillen
Jef{'Daniels
Bob Perkins
Walt McAleer
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Don Meerians
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others present:
,Gregg'singleton
Torn Voulieris, Intern
King Engineering Associate~
representing,Public Worksj
Environmental
Recording Secretary (Building)
Chrys Holmes
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The meeting was called to order at approximately 9:05 a.m., by
Acting Chairman Scott Shuford in the DRC Conference Room.
BlI.YSIDE 1I.RBORS
Located east of Seville Condominiums on Tampa Bay.
FINAL SITE PLAN - APPROVED WITH CONDITIONS
,A courtesy review of the Preliminary site Plan was made by ORC on
May'27, 1993. The current drawing, is substantially the same as
reviewed by the DRC. The Preliminarysi~e Plan was received and
acdepted by the city commission on July 1, 1993. This is the final
DRC revieYl of this site plan before it goes back to the City
Commission for fina~ approval.
Pertinent comments from the department representatives are
incorporated into the m~tion listed below.
MOTION:
Walt McAleer moved to approve the final site plan for
Bayi~d~ Arbors subject to the following conditions:
D.R.C. Meeting- 07/08j93
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FIRE DEPARTMENT
No comment
PUBLIC WORKS/ENGINEERING
1. Prior to certification, proposed dumpster locations must
be 'approved by Public Works and the Du~pster Requirement Form
must be completed and returned to the city Sanitation
Department.
2. Prior to the issuance of a Certificate of occupancy, the
dumpster/compactor must be visually screened, and gates must
be provided with a minimum of 12-foot clear opening to the
front for access by sanitation trucks.
3. Prior to certif ica tion,' a copy of, the SWFWMD permit
application is to be provided to Engineering site Plan Review.
4. Prior to the issuance of a building permit, copies ,of the
approved ~WF\1MD and pinellas County Public Health unit permits
are to be provided to Engineering site Plan Review.
5. city backflow prevention devices are to be installed, and
the applicable fee to be paid by the owner.
6. 'A 20 foot easement, 10 foot either side of the existing
" sanitary sewer transmission main is to be dedicated to the
city of Clearwater prior to the issuance of a building permit.
The existing 10 foot sanitary sewer easement will be vacated
by the c{ty of Clearwater ~fter the dedication of the 20 foot'
easement.
7. Prior to 'issuance' of a Certificate of' Occupancy,' a 10
foot water main easement, 5 foot on each side of the water
mains, up to and including hydrants and meters, will be
required.
TRAFFIC ENGINEERING
8. ' Dimensions to be shown on the plan to denote measurement
fqr aisles" parking stalls, entrances, handicapped \'lalkways up
to building,' etc.
ENVIRONMENTAL MANAGEMENT
9. Prior to Environmental approval of the final site plan,
applicant shall express total paved vehicular, use area
calculations and total interior ,landscape area calculations in
square feet and as a percentage of the overall site in the
site plan"data block.
,10. Prior to the issuance of a building permit, a Landscape
Plan in compliance with the Land Development Code requirement
I shall be submitted for approval by the Environmental
Management Group.
11. Prior to the issuance of a building permit, applicant
shall acquire a clearing and grubbing permit and a tree
removal permit, (or a no tree verification form), from
Environmental Management.
12. Prior to issuance of a building permit, applicant shall
pro~ide to Environmental Management and 'Engineering an
approved copy of all necessary local, 'state, and federal
permits that may be required.
13. Provide a copy of the tree survey without the site plan
to Environmental Management.
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D.R.C. Meeting - 07/08/93
2
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14.: Irrigation lines shall not be laid in trenches within the
barricades of protected 'trees wlthout prior authorization of,
the city Forester.
15. All site improvements must be field staked and reviewed
,by the city Urban Forester prior to construction~
16. Tree removal permit application shall be reviewed usin~
the criteria in the revised Tree Protection Ordinance.
PL~NNING ~ND DEVELOPMENT
17. Signs and fencing/walls are subject to separate rev~ew
and permitting processes.
18. The requisite building permits must be procured 'wi~hin
qne (1) year from the date of certification of the fina~ site
plan and all requisite Certificates of Occupancy, must be,
obtained within three (3) years ,of the date of certification
of the site plan. .
, 19.' Prior to cerbification the applicant shall provid'e a
preferted site Data Table and 'Final site Plan.
P~RKS AND RECRE~TION
,2b. The applic~nt shill coritact Parks & Recreation for the
required recreation/open space assessment fee,'which shall be
paid prior to certification.
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The motion " seconded by Bob Perkins.
was
The motion vms passed unanimously.
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"I rn~~ting adjourned
The at 9:30 a.m.
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'Scott Shuford, Acting Chairman
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D.R.C. Meeting - 07/08/93
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Date:
August 13. ,1993
Subject:
Environmental Advisory Commillee (EAC)
EAC adlons at 13 July 1993 meeting'
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To:
ClearWater City Commission
PO. Box 4748
Clearwater Florida 34618
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1, The EAC has visited the site of the proposed Bayside Arbors development and has passed the following
motion:' ' , I.
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Since the EAC was not aware of the proposed development on this property until the July 8, 1993, meeting at
this ,time the committee moves to ask the Clearwater City Commission to,review this site and look at it as a
unique environmental area that [s of value to the citizens of Clearwater and consider purchasing the site for
cons!,!rvationusa,
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Mike Foley ~
EAC'Vice Chairman
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T, H,Mlller. Assistant director, Clearwater Public Works/Environmental
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Minutes of a Special Meeting
of the
Environmental Advisory Committee
City of Clearwater
July 13. 1993
Mambors Present:
Acting Chairman Mike Foley. Jill Melkonian, Lisa Lanza, George Davis III. Brian Morris
Also Present:
E, Mazur. King Engineering Associates
T.H. Miller, Assistant Director. Clearwater Public Works/Environmental
Allen Maybeny, Clearwater Urban Forester
Mike Quillen, Clearwaler Water Resource Engineer. Public Works/Environmental, DRC Member'
Gall McGlathery and Patty Sanphy of the Clearwater Greens
Angela Lanza, Daughter of Ms. Lanza
The meetIng was at the undeveloped property called 8ayside Arbors next to Tampa Bay at the end of Seville Road.
The purpose of the meeting was for the EAC to visit and study the site of a proposed development by Zorn
Communities.lnc, ' ,
The meeting was called to order a~6:30 PM by the acting chairman, Mr. Foley. Mr. Miller was asked to direct a tour of
the site,
'.
Mr, Miller delivered a report (REG02-01l-08-03) which describes the DRC sile Plan Review Status (Attached). Mr.
Quillen described a meeting of the DRe on July 8, 1993, minutes of which are in the report. He also described the chart
in the repo,rt. ' ,
Mr. Morris commented that this large development of 224 apartment units has received much faster processing than his
small business sign application received. Mr. Foley commented that the DRe meeting only lasted 25 minutes
according to the enclosed minutes,
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Mr. Mayberry stated that an earlier on site meeting with the City had occurred in late April.
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Ms, Lanza asked Mr. Mazur why, as a former member of,the EAC and knowing of the EAC desire to review sites such
as the one under con~ideration. had he not requested EAC review of this development earlier. Mr. MHler suggested
that was not fair to ask that question, '
Mr. Mazur was asked how much did the property sell for. He said that was a matter of record.
Mr. Morris asked Mr: Miller why the EAC was not notified before the City Commission meeting (July 1, 1993). Mr. Miller
stated that he wished he had been aware of it earlier, and that sa m~ny things were going 'on in his department that he
was not always alerted to everything as soon as he would like to be. He also said that he expected the commissioners
, wou'ld refer this plan to the EAC. ' , ,"
P. Sanphy asked how the new tree ordinance would affect Ihls planned development. Mr. Mayberry answered that the
new ordinance would afford great protection for existing trees. '
Allen Mayberry continued to describe the silo as having three major components:
1) Tampa Bay shoreline 2) Bluffs 3) Uplands.
He led/the group to the first grove of large trees and described how the main entrance road would wind through the
large trees: He described which trees would stay and which would be removed, He said that the trees on the site
were original trees and second growth and that the understory over much of the site had been cleared In the past. He
said that much of the site had been mowed and much of the ground cover was not natIve, but of introduced type~.
Ms. 41nza asked about the stormwater issues on the site, Mr, Quillen stated that there were two basic issues: 1) On
site and 2) drainage through the site. He said that on site stormwater would be required to meet SWFWMD permitting
requirements.
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Mr. Mayberry led the group to another stand of very large troes. He identified the Hickory and Live Oaks. He said that
the Hickory along tho bluff may be the Ii nest stand lelt in Clearwater,
Ms, Melkonian asked how many of the trees would be removed. Mr. Quillen statod that there were approximately
15,000 diameter Inches of trees on the site and that 10.000 diametor inches would remain. '
Mr. 'MaYbe~ry stated that some replacement of trees would likely be requirod lor trees rcmoved.
Mr, Mayberry pointed to the shoreline sparse population or Ihe lack 01 mangroves, and the invasion of some
undesirable brazilian pepper trees there. He also 10catOd two sizable spanina grass patches (beneficial) and some
mangroves (beneficial), He stated that there would be minor shorellne impact around a wallwlay being proposed over
the large cement pipe that dumps stormwater into the bay there.
Mr. Foley described the qUMtities of algae and sea lettuce in the mud Ilals as indicators of high nutrient or poor water
quality. Trash such as bottles. cans. and old shoes are imbedded in the sediments of the near shore bay. The tide
was low. Wading birds were utilizing the mud flats. About 10 leet 01 while sand was at the very near shore line. and
gray sediment extended out about 50 yards exposed by the lowtide.
Mr. Mayberry showed the group the 60" round concrete pipe which flows from the Clearwater Mall area directly into
Tampa Bay. The pipe Is under the site, Mr. Foley looked inside the pipe and described the water as flowing out and
very turbid. Ms Lanza'staled that she understood that the pipe was once a cr~ek.
Tha group walked to the South of toe property and was shown Ihe existing sanitary pipe d~ted 1963 thaI crosses the
property an~ goes to the Clearwater East Treatment Plant. A large meadow is in the middle of the property. Some
unusual trees and huge grasses were described by Mr. Mayberry. He said that one hickory tree appeared to be about
70 years old and could be expected to become three times as big around. An old Grapefruit grove was seen
extending into the adjacent property on the Soulh which Mr. Mazur acknowledged was also being planned to build
another phase of the development with aboul130 apartmonts, The adjacent property also is on Tampa Bay.
Mr. Morris asked if there had been an archeology review of the site. Mr. Mayberry responded that to his knowlege
there had not. and that it appeared that there were no middens or shell mounds on the site. Mr, Mayberry said this
developer had done more than other developers to work wilh Ihe environmental department.
Mr. Morris offered a motion (Iinal version listed below) to the committee. He stated his motion, It was seconded by Ms,
Lanza. In discussion Ms. Melkonian asked Mr. Mazur if there was a sale of the property going on. He said there was a
willing seller and a Willing buyer and a contract to buy being considered, Ms. Melkonian said she was concerned that
this committee action may be thought to interfer'e wilh the ongoing purchase. She strongly suggested that the City
Attorney should be consulted. Mr. Foley stated that the committee was only here to examine the site and inform the
City Commission of our findings and recommendations, that we do not have access to an attorney at this meeting, that
the City Commissioners do. and that Ihe Commissioners 'will evaluate the E.=.AC repon and any decisions are up to them,
that nothing we were discussing could possibly be conslrued as wrong or inappropriale.
The tour ended back by the North end after a walk into a dense understory which several people described as being
very bp.autilul. The walk ended where the undergrowth was too thick to go on.
A final discussion ensued concerning a variety of issues, The entire site was described as being very beautiful by
several attendees, '
Mr. Davis said he questioned the use of the word "Park" in the original motion. Mr. Davis stated that he had seen a
property acquired by Safely Harbor on both sides of Mullet Creek that was being left undeveloped. Ms, Lanza stated
that she also know 01 tho same property and that was an appropriate use of stream side property. Mr. Davis wants to
know what the current status of city park land is.
Mr. Morris offered a first ammendmcnt to the motion striking the word "park" and adding the word "conservation". Mrs.
Lanza offered a second amendment to the motion (the lirst 20 words) to reflect the limited time frame that the
committee was working in. '
, ,
Mr. Forey stated that he had studied the property on the previous Sunday, and had observed the prox;m;ly to a stressed
section of Tampa Bay, and downhHllrom Clearwater Mall, and U.S, 19. and wondered if the open section of the
property would be useful as a slormwater treatment pond. He described his brief conversations and questions he
, posed to government departments 01 SWIM, Pinel1as County, Tampa Bay National Estuary Program, and Tampa Bay
Regional Planning Council. He stated that he thought that it would be easy to determine if the property could feasibly
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be used to provIde storm water quality benelils 10 Tampa Bay, and lhat maybe SWIM would review the property for
~uch a use, He also said that the proposed development appoared not to Improve stormwater quality to the Tampa
Bay. Mr Foley suggested that maybe the local govern'Tlehts of CleaJWater. Pinellas County and the Plnellas Anclote
Rivar Basin Board could buy the property and agree with SWIM to restore the pr~perty and install a stormwater
Improvemant p,roJect In the open area at the sileo '
Mr. Miller stated that he was in tho process at reviewing similar ideas. and had scheduled n meeting wilh the SWIM
representative on the following Thursday. He also said that he thought the committee was acling appropriately if they
wanted to recommend to tho Commission to buy the property. He went on to say that using City property for storm
water fmprovement waS his Job to evaluate. and lhat the issue of whether to treat stormwater from another development
such 8:1 Clearwater Mall on City owned property was controversial.
"
Mr. Foley stated that suit~ble land acquisition was the primal)! problem encountered by the Allen's Creek Plan and
SWIM projects. '
, '
Mr. Quillen stated that he has been studying a stormwater treatment idea for Clearwaler Mall.
Mr. Mazur asked to be heard and was rec.ognized. He stated lhat there were two issues not being addressed by the
cOmmittee: 1} How to improve the site plan 2) Check with the City Commission before deciding what to do to see what
valid actions should be considered. ' ,
Mr. Foley responded that the commillee was not able to 'revise engineering plans. and that the committee
recommendation being proposed was consistent with a purpose of the committee.
"
NOTE: A purpose of the EAC is: Make recommendations to Commission regarding all water. waste waler &
stormwater programs ant! other programs selected by majority vote of committee that have environmental benefits or
consequences upon Clearwate~s natural resources. Sept. 2. 1992. EAC Committee Document.
~ '
The committee passed the following motion;
Since the EAC was not aware of the proposed development on this property until the
July 8, 1993, meeting at this time the committee moves to ask the Clearwater ~ity
Commission to review this site and look at It as a unique environmental area that Is of
value to the citizens of Clearwater and consider purchasing the site for conservation use.
I,
The first amondment was seconded by Ms. Lanza and passed unanimously, The second amendment was seconded
by Mr. Morris and passed by a vote of three for and two opposed, Mr, Foley. Ms. Lanza. Mr. Morris voted yes and Ms.
Melkonian and Mr. Davis voted no.
The motion was passed by a vote of three for and two opposed. Mr. Foley. Ms. Lanza. Mr. Morris voted yes and Ms.
Melkonian and Mr. Davis voted no.
Meeting was adjourned at approximately 7:50 PM.
Respectfully submitted by Mike Foley. Member. Environmental Advisory ~mmltlee
Attachments:
REG02-04-0a-03. Description of the DRC site Plan Revi~w Status. DRC Procedure. Minutes from DRC meeting of July'
6, 1993.
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CIT.Y OF CLEARWATER
Interdepartment correspondence Sheet
REG02-04-0S-03
TO: Environmental Advisory
Commi t tee " {
. 'rr-
Resource Eng1neer
FROM:
Michael Quillen, Water
COPIES:
Tom'Mil~er,Asst. Director of PW/Environmental
i
!
SUBJECT: Bayside,Arbors, Site Plan Review Status
DATE: July 12, 1993
1
',This memorandum is to provide the present status of the subject
project with respect to the site plan review process. Following a
pre-submission conference with city ~taff, the developer submitted
the preliminary site plan in late May 1993. A courtesy review by
the.. city Development' Review Committee (ORe) was held on Ma:y 27,
1993 and various comments were provided to the developer. The City
Commission reviewed the preliminary pla'n on July 1, 1993 and
recommended referral to the,DRC with an added condition that the
project be evaluated using the criteria in the forthcoming revised
Tre~ P~otection Ordinance. The DRC again reviewed the project' on
July 8, 1993 and the conditions for certification were ~ormal~zed.
A list of the condi tians as 'adop tad by, the DRC is attached.
The next step in
Commission.
I
process
i.s
approval
the
final
by the
City
If the, plan is approved by the Commission with no significant
changes, it can then be submitted to the City Clerk for
'certification. Following certification the building permit
application, can be submitted. This application will contain
detailed construction plans to be reviewed by all applicable city
departments. Concurrent with this process, th~ city Tree Removal
Permit application and Clearing and Grubbing Permit application
will.be proce~sed; ,
.'1
Prior to the preliminary plan submission and during 'the review
process the .pro jac t developer and engineer have held on-si te
meetings with .city environmental staff to assist in site plan
. development wi th respect to tree pro'tection. We will continue to
work. with the developer' throughout the bui.lding permit and
construction'phases of the project t~ assure that all trees to be
saved r~main in a hea~thy growing condition.
H;\OATA\I-IPFlLES\HlCllAEL\EACBf\.HDQ
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,srrE PLAN REVIEW PROCEDURE
, ,
BAYSIDE ARBORS,
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PRELIMINARY
SITE PLAN
SUBMITTAL
- --:-, ---:--.....
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I' ,COURTESY ORe REVIEW"
\ .... 5/27/9'3 ,; J
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CITY COMMISSION
RECEIPT & REFER TO ORC
;'/1/93
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'FINAL
SITE PLAN
SUBMITTAL
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. -BAYSIDE
ARBORS
7/13/93
,>
'ORe
REVIEW
7/8/93
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SITE PLAN
CERTIFIED
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\ FINAL APPROVAL I
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BUILDING
PERMIT
APPLICATION
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CONSTRUCTION
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I STANDARD PRO~EDUA,E
DEPARTMENTAL
REVIEW
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,/ SUPPLEMENTAL REVIEWS
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'!JYIIl=^tJ&r~nDE ELOP:EiT NR:V;EWE COMMITTEE '
~ty of Clearwater, Florida
July at 1993
"
UNOFFICIAL
Members Present:
Scott Shuford
, j
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Don Meerians
Acting Chairman, representing
Planning and Development
representing Public Works/
Environmental
representing Fire Department
representing PUblic Works/
Engineering ,
representing Planning and
Development
representing Public Works/
Transportation Group
Mike Quillen
Jeff Daniels
Bob Perkins
Walt McAleer
,
others present:
Gregg singleton
Tom Voulieris, Intern
Chrys Holmes
King Engineering Associates
representing pUblic Works/
Environmental
Recording S~cretary (Building)
-------------------------------------------------------
;' ,
The meeting was called to order at approximately 9:05 a.m. by
Acting Chairman Scott Shuford in the DRC Conference Room.
, ,
-------------------------------------------------------
D1\YSIDE ARDORS
Located ~ast of Seville Condom{niums on Tampa Bay.
FINAL SITE PLAN -APPROVED WITH CONDITIONS
A courtesy review of the Preliminary site Plan was made by ORe on
May 27, 1993. Th~ current, drawing is substantially the same as,
reviewed by the OHC. The Preliminary 'site Plan was received and
accepted by the city commission on July 1, 1993. This is the final
DRe revievl of this site plan before it goes back to the City
Commission for final approval.
Pertinent comments from the department representatives are
incorporated into the'motion listed below.
MOTION:
Walt McAleer moved to approve the final site plan for
Bay~ide Arbors subject to the following conditions:
O.R.C. Meeting - 07/08/91
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FIRE DEPARTMENT
No comment
PUBLIC WORKS/ENGINEERING ,
1. Prior to'certification, proposed dumpster locations must
be approved by Public Works and the Dumpster Requirement Form
must be completed and returned to the City sanitation
Department.
2., Prior to the issuance of a Certificate of occupancy, the
dumpster/compactor must be visually screened, and gates must
be provided with a minimum of 12-foot clear opening to,the
front for access by Sanitation trucks. ' , ,
3. Prior to certification, a copy of the SWFWMD permit
application is to be provided to Engineering site Plan Review.
4. Prior to the issuance of a building permit, copies of the
approved ~.wFWMD and pinellas county Public Health unit permits
are to 'be provided to Engineering site Plan Review. '
5. City backflow prevention devices are to be installed, and
the, applicable fee to be paid by the owner. .
6. A 20 foot easement, 10 foot either side of the existing
sanitary sewer transmission main is to be'dedicated to,the
city of 'Clearwater prior to the issuance of a building permit.
The existing 10 foot sanitary sewer easement will be ~acated
by the city of Clearwater after the' dedication of the 20 foot
easement.
7. Prior
foot water
mains, up
required.
TRAFFIC ENGINEERING
8. Dimensions to be shown on the plan to denote measurement
for aisles, parking stalls, entrances, handicapped walkways up
to building, etc.
ENVIRONMENTAL MANAGEMENT
9. Prior to Environmental approval of the final site plan,
applicant shalL express total paved vehicular use area
calculations and total interior landscape area calculations in
square feet and as a percentage of the overall site in the
site plan',data block.
10. Prior to thei~suance of a building permit, a Landscape
Plan in compliance with the Land Development code requirement
.shall, be su~mitted for approval by the Environmental
Management Group.
11. 'Prior to the iss~ance ofa building permit, applicant
shall' acquire a clearing and grubbi.ng 'permit and a tree
,removal pe~mit, (or a no tree verification form), from
Environmental Management.
12. 'Prior to issuance of a building permit, applicaht shall
provide' to Environmental Management and Engineering an
approved copy of a 11 necessary loca 1, state, and federal
permits that may be required.
~3. proyide a copy o~ the tree survey without the site plan
to Environmental Management.
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to issuance of ,a
main easement, 5
to and including
Certificate of Occupancy, a 10
foot on each ,side of the water
hydrants and meters, will be
D.R.C. Meeting - 07/08/93
2
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14. Irri~ation lines shall not b~ laid,in trenche~ within ~he
barricades of 'protected trees without pri.or 'uuthorization'of
the ~ity Forester. " . , '
15. All site imp~ovements must befield:sta~ed and reviewed
by the city Urban Forester prior, tocQnstruction. '
16. Tree removal permit application shall be, reviewed using
th$.criteria in the revised Tiee Protection brdinanc~.
PLANNING AND DEVELOPMENT
17. signs and fencing/walls are subject to separate'review
and permitting processes. ,
18. The requisite building permits must b~ procured with~n
one (1) year from the ,date of certific~tion of the final site
plan and all requisite .Certificates ,of' O':.:cupancy must be
obtained within th~ee (3) years of the date of certification
of 'the site plan. ' '
19. ,Prior to certification the applicant shall, provide. a
, preferred site Data Table and Final ,site Plan. .
,P~RKS AND RECREATION
20., The applicant shall con.tact Parks & Recreation for the'
required recreation/open spnce assessment fee, which shall be
paid prio~ to certification. "
The,motion was~seconded by Bob Perkins.
, '
The motion was passed unanimously.
"
The meeting adjourned at 9:30 a.m.
Scott'Shuford~ Acting Chairman
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D.R.C. Meeting - 07/08/93
3
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C I T Y 0 F 'C LEA R,W ^ TE R
Interdepartmental Memorandum
ADMOR-nz
DATE: '
Michael Wright, City Manager
Tom, Miller, Assistant Director of Public Works/ENV
William C. Baker, Public ,Works Director
Harry Hunt, EAC Chairman
Bayside Arbors Development File (ADM02-04-08-03),
August 17, 1993
TO:
FROM:
COPIES:
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; SUBJECT: August 12, 1993 EAC Action Related to Bayside Arbors
",
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~ive~ the,recen~ press attention to the subject development planned
'in Clearwater and Environmental Advisory Conwittee involvement, !
thought it appropriate to apprise you of recent events and current
status of EAC efforts. ,! prefer to do this now rather than follow
the regular schedule as you and the City Commission would not be
apprised of this information for another three weeks.
You should have already received a copy of the minutes for the EAC
Regular Meet'ing of July 8, 1993, along with the miscellaneous
attachments, including the minutes of the EAC Special Meeting of
July 13, 1993. Please let me know if you did not receive the
Regular EAC August 12, 1993 Agenda packet so that I may forward a
copy to you. The minutes of the July 8 EAC Regular meeting were
approved with only one minor change unrelated to the subject of
this memorandum.
"
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'The purpose for this memorandum is to provide you with the current
status of the minutes of the Special EAC, meeting held at the
Bayside Arbors 9ite on July 13, 1993, as the review of those
minutes by the EAC has been somewhat controversial.
Attach~d, you will find a copy 'of the revised minutes of the EAC
Special Meeting held at Bayside 'Arbors on July 13 , 1993. The
purpose for this item bei.ng on the August 12 Regular agenda was:
"
1. To review the ~pecial Me~ting minutes for changes and
ratification by the full EAC Committee; and
2. To determine if any changes were necessary to the motion
produced by the Special meeting.
" .'
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The minute~ of the special meeting scibstantially changed, due to
concerns expr~ssed by members of the Committee who belteved the
original, minutes contained inaccurate and biased i.nformation.
These minutes were reviewed by the full EAC on August 12, 1993 and
with, the revisions you, now see, were unanimously approved, upon
motion by Mr. Morris with a second by Mr. Davis. Due to the
magnitude and quantity of changes, Mr. Hunt still would like the
Committee ita review the accuracy of the changes again at their
,September' meeting. Hm'lever" I would not antic'ipate significant
changes to the Special Committee Minutes of July 13, 1993.
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, To' da te , no' motion ha s been entertained by the EAC that has
recommended to the Commission that this project ,be stopped or
suggesting that this project would be detrimental to the
envi.ronment. 'They have only identified, that the Bayside Arbors
site i.s a "unique environmental areaU and requested the Commission
,to II consider purchasing the si te for conservation use." In
addition, they alsb moved that further discussions occur concerning
, other conservation areas in the City that could be identified and
recommended to the City Commission for purchase (in the context of
City Comprehensive Planning). 'That motion was made by Mr. Foley
and ,seconded by Ms. Garris. It also was approved unanimously.
These specia) minutes have not been provided to the City Commission
to date.' We have been requested by Mr. Foley to provide each
Commissioner with a copy; however, I thought it more appropriate to
provide you with this update and request that you provide copies to
each Commissioner along with this current status. I have already
received one phone call from Commissioner Berfield regarding this
issue and I'm sure more will follow. Otherwise" please advise on
how ,you Might prefer to, address this issue.
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A~gust 13,1993
01..:
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To;
From:'
Clearwater City Commission
PO. Box 4748
CleafYl'ater Florida 34618
Environmental Advisory Committee (EAC)
, ,
, ,
Subject:
EAC actjons at 13 July 1 ~93 meeting
'.1 :,
1. The EAC has visited the sit~ of the proposed Bayslde Arbors development and' h~ passed the following'
, motion:
Since the EACwas not aware of the proposed development on this property until the July 8. 1993. meeting at
this time the committee moves to ask the Clearwater City Commission to review this site and look at it 'as a
unique environmental area that is. of value to the citizens of Clearwater and consider purchasing the site for
conselVation use.
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Mike Foley
EAC Vice Chairman
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, , T, H. Miller. Assistant director, Crearw~ter, Public WorkstErlVironmEmtal
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C IT Y 0 F C LEA R W A T'E R
Interdepnrtmcnt Correspondence Sheet
COPlES:
Kathy S. Ricc, Deputy City Manager'
Tom Miller, Ass!., Director of PWlEnVironmental/f)f~ .'
,W. C. Baker, Director of Public Worh
Cyndie Goudc'au, City Clerk
RECEI"ED
J U l 1 5 1993
City Manager
ADM 02-06.12
TO:
FROM:
SUBJECT:
Envi~onmental Advisory Commiuee n~ecting to Bayside Arbors property on July 13, 1993
DATE:
July 14, 1993
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At the, subject meel'ing attended' by members, of the Environmental Advisory Committee (Mike Foley, Lisa
, Lanza, Jill, Melkonian1 Brian Morris and George Davis ,III), the cte:uwulec Greens (Pat Sllmphy, Gail
MeGI,athery), ,the 'Project Engineer, (Ed Mazur) and City staff (Michael Quillen, Alan Mayberry and myself),
several issues \vere discussed.' '
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The purpose of tbe meeting was 10 give the EnvironmentaJ Advisory Committee an opportunity to understand
,and consider the environmental impact of development by the Zorn Communities, Inc. Issues that were
considered included stormwater run off into Tampa Bay, trer. protection, and whether or not the City should
consider purchasing the, property as op['lOsed'to allowing new development.
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As the result of their deliberation. Mr, Morris made the motion "Since the EAC was unaware of a proposal
, to develop the Bayside Arbor property until the July 8, 1993 EAC meeting, and as a result of this, the Commillee
would ask the City Commission to review the site ilnd look at it as an environmental sensitive area which is of
value to the citi7.ens of Clearwater, and consideration should be given to explore the possibilities of pucchasing
the site ,for conservative use". Motion was seconded by Lisa Lanza and approved by the committee with a vote
3 for and 2 flgainst. For the record the two opposed to the motion, were Jill Melkonian and George Davis III,
and they requested that. the records indicate this.
As a side issue, the committee, motioned at the last EAC meeting on July 8, 1993, to request the City
Commission to reconsider their position regarding mangroves and eliminate language from the new Code of
Ordinance, that would restrict Clearwater's mllngrovc protection to only that which the state requires. In effect,
the committee voted the Clearwater's M:mgrove Protection rule be stronger than that of the State of Florida.
It is my understanding that mcmos for each of these issllcs is to be provided to the City Commission by the
committee through Mike Foley in lhe yery ncar future. ' ,
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INTERLOCAL AGREEMENT
BE'l'WEEN
THE SOU'l'HvmS'r FLORID1\. WATER MANAGEHENT, DIs'rRICT
AND
THE MID PINELLAS GROUP
FOR,
PROCUREMENT OF PROFESSIONAL SERVICES TO PREPARE
A CONPREHENSIVE \~A'l'ERSHED NANl\GEHENT PLAN
.FOR THE MID PINELL1\.S WATERSHED BASINS
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THIS AGREEMENT made and entered into this . day of 1993,
by and bet'<leen the Southwest Florida Water Management District, a
public corporatio~ created' by Chapter 61-691, Laws cif Flo~ida, as
. amended for itself and on behalf of the Pinellas-Anclote Basin
~oar~,'hereinafter'collectively referred to a~ the "DISTRICT', and
the participants of the Mid Pinellas Group, consisting of Pinellas
C6unty and the Cities of Clearwater, D~nedin, Largo, Safety Harbor
and the Town of Belleair, political subdivisions of the State of
F~orida, hereinafter referred ,to as the "GROUP~.
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WIT N E'S S E T,H :
WHEREAS, the Mid,Pinellas Comprehensive Watershed Management
Plan, ~ncompasses a study area of approximately __ square miles in
mid Pin~llas County and includes AlIens's Creek, Alligator Creek,
Belleair'Creek, Stevenson Creek, Mull~t Creek, Bishop Creek, Spring
Branch, Curlm'l Creek, Possum Branch, Coastal Zones Numbered 2, 3
and 4, and,Clearw~ter Beach Island, as outlined on attached Exhibit
"A II; and '
,WHEREAS,the, GROUP has requested the DISTRICT'S assistance in
the development of a, comprehensive ''latershed management plan;
hereinafter ,referred to as the "I1ANAGEMENT PLAN," to the extent of
jointly funding engineering consultant servic8sfor said MANAGEMENT
PLAN~ and
WHEREAS, the Ci ties of. Clearwater and Largo, and Pinellas
County have entered into an agreement to' develop a Watershed'
Management Plan for the Allen's Creek watershed; and
WHEREAS, tho Cities of: Clear'.'mter and Safety Harbor, and
Pinella~ County have ent~red into an agreement to develop a
Watershed Management Plan for the Alligator Creek watershed; and
WHEREAS, the GROUP shall also request the DISTRICT'S
assistance to implement watershed development in accordance with
the precepts of the M~NAGEMENT PLAN; and
WHEREAS, thl3 parties hereto havo reached an agreement to
solicit and engage the professional services of an engineering
consul tant firm; hereinafter' referred to as the "CONSULTANT" to
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develop the MANAGEMENT PLAN. '
NOW THEREFORE, in considerution of the JllUtual' covenants and
conditions contained herein, the pnrties hereto agree as follows:
1. '-An engineering consultant firm shall. be engaged to develop a
comprehensive l1ANAGEMEWr PLAN for the watersheds including a
detailed, plan 'for implementatfon. The MANAGEMENT PLAN is
intended to evaIua te the Idatershed in order to idel1:tify
problems req.uiring management of resources affecting water
quan'tity and natural habitat. At a minimmfl the MANAGEMENT
PLAN shall add:r..-ess existing flood s1 tua tions, erosion' and
stormwater pollution. The MANAGEMENT PLAN shall include, but
not be limited to those items as fu~ther described in Exhibit
"B", and shall address the individual GROUP par,t'icipant's
Compreherisive Plan Goals, attached as Exhibit "C", wherever
possible. '
2. The GROUP shall, in coordination with DISTRICT staff, prepare
" the' Request for Proposa 1 (RFP.) and Scope of Work for the
service~ .to ,be performed, by the CONSU'llLAN'r. This Scope of
Work will:specificallY detail the design considerations to be
,followed in the development of the MANAGMENT PLAN.
3. The City of Clearwater shal~ have the lead responsibility for
solicitation of the c6nsultant. The DISTRICT, and each member
of the GROUP shall maintain one voting seat,' (1) 'on the
committee to select the CONSULTANT.
4. 'rhe City of Clearwater shall administer, manage and supervise
all contracts resulting from the RFP. Proper performance of
all work undertaken pursuant to the consultant contract is
ultimately the responsibility, of the City of Clearwater.
5. 'rhe consultant (5)' chosen shall provide to the GROUP and the
DIS'l'RICT a Proposed Project, Budget. 'l'he Proposed Project
Budget shall consist of a detailed cost itemization by task
based upon the Scope of ,Work ~ The Proposed Project Budget
shall be reviewed and approved 'in ,writing by DISTRICT staff
~rior to final,ratification of the consultant contraci by the'
GROUP. Any revisions or updates to the Project Budget or the
Scope of Work must,be approved i~writing by the GROUP and the
DIs'rRICT.
6. 'rhe DISTRICT'S performance under this Ag~'Qement is condi tiOJ1ed
upon the occurrence and completion of the detailed Scope of
'Work, development of the Request for Proposa,l, and engagement
of a consultant '. I f for any reason a consultant, is not I,
engaged within' one hundred eighty days subsequent to the
completion and execution 0 f thi s document,. this Agreement - ,
shall be null and void and the DIs'rRICT shall have no further
obligation thereunder.
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7~ 'The,DISTRICT shall fund fifty percent (SQ%) of the study costs'
up to a total amount not to exceed one million, three hundred
thousand dollars ($1,300,000). DISTRICT payments to the City
of Clearwa te J: sha 11' be, for a total of fifty percent (50%) of
the amount of the invoices that have been submitted to the
City of Clearwater by' the 'engineering consultant firm
performing the study. Disbursements by the DISTRIc'r will be
made within sixty (60) days after receipt of quarterly
invoices from the City of Clearwa~er provided th~t the amount
invoiced is commensurate with the work performed. The
DISTRICT shall be provided with duplicate consultant invoices
and, progress reports on the same time schedule they are
, submitted to t.he City of Clearwater. It is the intent of this
'agreement ,that the participants share the cost, of the
MANAGEHENT' PI,AN in direct proportion to their respective
'contributory drai'nage' areas as delineated in Appendix HAil.'
Within thirty (30) calendar days from the receipt of each
properly docnmented invoice from the City of Clearwater, 'each
of the GROUP participants shall each forward payment to the
City of Clearwater for the agreed portion 'of the total invoice
amount. The Total Project shall not exceed two million six
hundred thousa.nd dollars,.
8. All consultants, subcontractors and suppliers ar~ under
contract to the City of Clearwater and not to the DISTRICT;
all compensa tion and payments to them shall be the
responsibility of the City of Clearwater and not the
,resp~nSibility of the DISTRICT.
9. T6e participants of the GROUP and the DISTRICT shall designate
'a single Project Manager who, will serve as a liaison for the
purpose of mnintriining coordination for development and review
of the MANAGEMENT PLAN. Each Representative shall be notified
of, and attend all project and status review meetings, which
will be held monthly to review the, administration of this
Agreement for the duration of the project, to review and
commen't on interim reports, drafts, maps and other documents,
and to make site visits, and a'ttend, public information
meetings. ' 'rhe Project l1anagers will be 'responsible for
'transmitting instructions, receiving information, and
interpreting and comunicating DISTRICT and GROUP policies and
decisions relating to the, MANAGEMEWr PLAN. All correspondence
or inquiries relating to the MANAGEMENT PLAN shall be directed
to the attention of the 'Project Managers.
10. The DISTRICT arid GROUP shall be provided one (1) month to
review and comment on' all drafts and final reports; and the
City of Clearwater shall provide to the DISTRICT, upon
completion of all s~udiesf five (5) copies of all reports,
maps, and other documents prepared and paid for with any and
all funds contributed by the DIsrrRICT in connection with the
MANAGEMENT PLAN.
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11. The DISTRICT and GROUP shall, upon request, assist the City of.
Clearwater in the acquisition of all available information,
data and reports considered pertinent to the studies. Use of
all availab~e information and ongoing studies that.may assist
in the' develop1:nent of the HANAG EM EWl' PLAN shall' be ,maximized.
12. This Agreement shall be ef.fective on the last date of signing
by the parties involved. Project costs incurred by the GROUP
prior to the effective date of this Agreement are not funded
by the DISTRICT. '
13. This Agreement embodies the entire Agreem(~nt and understanding
between the parties and is subject to change, alteration and
modification only upon,the written Agreement of the GROUP ~nd
the DISTRICT. .
14. It is understood by the pa~ties that the City of Clearwater is
responsible' for the appropriate expendi,ture of the funds
provided to it by the DIS'llRIC'l' and sha 11' only expend' such
funds pursuant to the terms and conditions of this Agreement
and shall not ut{li~e such funds for'any other purpose.
15. It is understood by the parties hereto that the DISTRICT may
termina1:;e this, Agreemen t, after giving, thirty .( 30) \'lorking
days prior written notice to the City of Clearwater, if at any
time the DISTRICT, at i. ts sole discretion I the City of'
Clearwater and/or its consultan~, contractors, suppliers are
not, performing' in accordance with the terms and/or conditions
of this Agreement.
16. If such a termination of the Agreement occurs, the
participants shall pay to the City of Clearwater all properly
documented fees and costs for services performed in accordance
with this Agreement prior to the date of termination.
17. All studiea shall be completed and all final reports submitted
within three (3) years of the execution date of this Agreement
'unless all parties specifically agree to extend the date of
completion in writing.
18. It is acknowledged by the parties hereto t:hat each participant
of) the GROUP shall be solely responsible for the
implementation of _ the HANAGEHENT' PLAN wi thin their,
jurisdiction. Upon completion of the study, the GROUP shall
submit an implementation schedule to the DISTRICT for revlew
and ap~roval, showing sch~duled completion dates of a
prioritized group of projects that can be completed within a
five (5) year period based on each GROUP participant's '.
stormwater revenue projections and construction cost estimates'
from the MANAGEMEWf PLAN. "
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19. ,The, members of the GROUP agree to use similar and consistent
'criteria' for purposes of developing, the features of the
watershed ,management ~lans within their jurisdictions.
20. It is the, intent of this agreement to develop Comprehensive
W~tershed Management plans which are mutually acceptable ,to
all jurisdictions within' each basin and the DISTRICT. It is
further intended that each jurisdiction will adopt the
Watershed Management Plans affecting their jurisdictiohs ~nd
use'the plans t'o guide watershed improvements~ It is further
intonded that the DISTRICT will adopt the Watershed Management
Plan use it for issuing permits and other activities in the
basins.
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21. -To', the extent allowed by law, the GROUP ,shall defend,
indemnify a'nd' save harmless the D~STRICT, its Governing Board,
officers, employees and agents, from,and against all actions~
causes, claims, demands, judgments,. payment's, re'coveries and
suits of any kind, arising out of or occurring as a re~ult of
any act br omission 6f the GROUP, its employees, agents or
subcontractors in connection with this Agreeme~t.
22.
The DIsrrRIC~l' and the GROUP agree
terminate on , 199 , unless
specifically extended in writing.
this
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Agreement shall
is terminated or
23. All written notices to the DISTRICT under this Agreement shall
be addressed to 2379'Broad Street, Brooksville, Florida 34609-
6899. All written notices to the City of Clearwater under
this Agreement shall be addressed to ,the Envir,onmental
Management Group, Public l'1orks Department, Post Office Box
4748, Clearwater" Florida 34618.
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In WITNESS WHEREOF, the parties hereto have executed this'
Agreement the day and year first written above.
WITNESS:
SOUfl1m'msrr FLORIDA WA'fER
MANAGEMENT DISTRICT
By:
Peter G. Hubbell, Executive Director
" WITNESS:
'PINELLAS COUNTY
By:
WITNESS:
CITY OF CLEARWATER
By:
WITNESS:
CITY OF DUNEDIN
By:
WITNESS;
CITY OF LARGO
By:
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CITY OF. SAFETY ,HARBOR'
By:
WITNESS:
~OWNOF BELLEAIR
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l\PPENDIX 1l.
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APPENDIX D
BACKGROUND
Chapter 40 CFR Part 122 ~equir~s the protection of surface
waters in part through the development of 'stormwater manag~ment
plans. State Water Policy, Chapter 17-40, F.A.C. has established as'
the goal of surface water m~nagement programs to protect, preserve
and restore the quality, quant.ity, and env Lronmcimtal values of
water resources through programs that include effective stormwater
management for existing and new sys terns \lhich shall seek to
protect, maintain and .restore the functions of natural systems and
the,beneflcial uses of waters.
pinellas County's Comprehensive Growth Management plan also
includes this ~irective but adds significant detail' to the.
direction through other policies and goals'mal;:ing these management
plans very comprehensive and holist~c in nattlre and extending the
planning area to the uplands \.,i thin the wate.cshed (Appendix C .1).
The City of Clearwater Comprehensive Gl:owth Management Plan
'reaffirms these directives' (Appendix C. 2) ,as does that of the
Cities of Dunedin (Appendix C.3), Largo (Ap~endix C.4), Safety
Harbor (Appendix C.S), and the Town of Belleair (Appendix C.G).,
OBJECTIVES
The objective ,of this project is to apply an' integrated
resource management approach to the \.,ater quality/quantity problems
throughout the mid Pinellas watersheds in a coopeiative effort in
order to determine the most appropriate structural and non-
structural solutions to' problems, with emphasis placed on non-
struciural solutions. '
Watershed basins to be studied include those of Stevenson,
Curlew,. Allig'a tor, Mullet, Bishop, Briar, Allen' 5 and Belleair
Creeks three Coastal basins and Clearwater Beach Island. The
initial work effort recognizes the need to maximize all availab,le
information and' resources. It is wi,th this consideration that
a1 though Allen's Creek and Alliga tor Creek are indentified as
basins under consideration in this project, only that 'work not
being addressed by, current or ongoing s~udies al~eady funded for
the~e basins will be ,undertaken.
This project will conduct a diagnostic evaluation of the
wate~sheds in the mid Pinellas area in order to identify problems
requiring management. This 'dia~nostic evaluation shall, at a
minimum include, monitoring of water quality and sediment quality
at multiple locations within the creeks of designated watersheds' "
and tributaries, identification of all drainage channels, ditches
and storm sewer systems and their outfal]::i anc;i inlets in the "
watershed; identification of the' individual sub basins providin~
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drainage to each storm sewer system and the acreage of ,each
specific land use type within each sub ,basin; identification of
those areas within ,the watershed for which treatment of ,storm water
has been provided; identifica'tion of' industries, hazar~ous waste
sites, or other potential sources of water pollution within the
watershed, and an evaluation of their performance, and any other
specific studies deemed necessary to characterize the environmental
condj: tions wi thin the wa,tershed. Addi'tional ecosystem
characterization shall be required where basin conditions indicate
the need for further study.
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The project is to develop a linked water,shed and waterbody
model ~ in' Public Domain, for included 'watersheds to evaluate
various proposed activities in terms of potential'impacts on water
quality and quan1:ity, and to evaluate, potential management
strategies (struct.ural, non-structural, BMP 's, source controls, 'I
e'tc.) in terms of their potential for water quality improvement and I
stormwater management.
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The project Ls to develop a comprehensive watershed based
management plan, enc6mpassing up~ands, wetlands, surface waters,
subsurface waters, and management by public agencies, public policy
and public law. The watershed management plan is to.be prepared in
such a manner as to aid the GROUP in meeting the Goals and
Objectives of thE'ir respective Comprehensive Growth Management
Plans, and in meeting the requirements of Ghapter 17-40, FAC, and
of 40CFR Part 122. ~rhe MANAGEMENT PLAN will provide
recommendations for site specific physical improvements as well as
policy improvements, such as the establishment of specific
management practices and stri.cter regulations, and implementation
priorities. The MANAGEHEWr PLAN will develop a
beneficial/reasonable use level of service and a method to
determine project benefit costs.
The MANAGEMENT PLAN will also include a review of mitigation
banking and a long range funding" plan for improvements for the
watershed.
The l1ANAGEMEN'r PLAN. will maintain and enhance the current
balance of living resources through the inclusion of upland briffers
adjacent to wetlands, options to preserve or restore native upland
and wetland vegetative communi tie's and habitats, and to remove
ecologically undesirable vegetatio~.
.The PLAN will also include recommendations for ongoing
mopitoring to demonstrate improvements to wat~r quality and
ecological conditions brought about as a result of recommended
projects, programs, ordinances, and policies.
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AP1)ENDIX C
EXCERprl'S FROM' LOCAL
COMPREHENSIVE GROW'fH MANAGEMEN'L' PLANS
C . 1. P INELT.AS COUN'.rY
Goal 3 of the Conservation Element of, the 'pinellas County
C6mprehensive ,Plan mandates that the County vrepare and implement'
watershed specifjc management plans for the w3tersheds'in Pinellas
County. Those plans must be holistic in nature, taking into
account all appropriate goals and objectives in the, County's
Comprehensive Plan/ including, but not limited to the,following:
CONSERVATION ELEMENT
GOAL 3.
CONSERVE/ 'PRO'fECT AND, WHERE POSSIBLE, IMPROVE AND
RESTORE THE QUALITY OF WATERS IN PINELL1\S,C;:OUNTY.
CONSERVE, PROTECT/ AND APPROPRIATELY MANAGE THE NATURAL
Y~GETATIVE COMMUNITIES, MARINE AND WILDLIFE HABITATS OF
PINELLAS COUNTY TQ ENSURE THE HIGHBST ENVIRONMENTAL
QUALITY p'OSS IBLE.'
GOAL 7'.
,GOAL 9.
PRESERVE/ PROTECT, RESrr'ORE AND MANAGE THE NATURAL'
RESOURCES OF FLOODPLAINS Iro MAIWrA.[N OR ENHANCE WATER
QUALITY/ ~LANT AND ANIMAL DIVERSITt, AND,AQUATIC
PRODUCT IVI TY..
'DRAINAGE ELEMENT
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GOAL 1. STORMWATER SIiALL BE MANAGED TO PROVIDE FLOOD PROTECTION
FOR THE CITIZENS 'OF PINELLAS COUNT~ AND TO PRESERVE/
, PROTECT, AND/OR ENHANCE, WATER QUALITY OF RECEIVING
WATER BODIES.
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C.2 CI1'Y OF CIIEA.HWl\.'J.lER
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1.1.1
CONSERVATION ELEMENT
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GOAL 22 '. TO PRO'rECT AND CONSERVE ALL ASp.EC'rS OF THE NATURAL
ENVIRONMENT AND '1'0 ENHANCE NATURAL FEATURES WHICH
CONTRIBUTE' TO THE EXI$'l'ENCE OF THE NATURAlJ
QUALITIES AND ClumACTERISTICS OF CLEARWATER'S
SENSITIVE ENVIRONMENT.
GOAL 23. DISCl~RGES OF STORMWATER SIiALL BE MANAGED TO
PROVIDE FLOOD PROTECTION ,FOR THE CITIZENS OF THE
CIT~ OF. CLEARWATER AND TO PRESERVE~ PROTECT, AND
ENHANCE 'rUE WATER QUALITY OF RECEIVING
WATERBODIES.
1.1'-2
DRAINAGE ELEMENT
GOAL 16.
PROVIDE THE MOST COST EFFECTIVE AND EFFICIENT
,PROVISION OF STORMWATER MANAGEMENT INCLUDING THE
IHPROVEMENT AND ENHANCEMENT OF s'rORMWNrER QUALITY
DISCHARGING INTO LOCAL RECEIVING WATERS, AND
PROVIDE MAXIMUM PRACTICAL PROTECTION TO PERSONS,
PROPERTY, AND THE NATURAL ENVIRONMENT.
GOl\..L '17. DISCHARGES OF STORMWATER SHALL BE MANAGED TO
PROVIDE FLOOD PROTECTION FOR THE CITIZENS OF THE
CITY OF CLEARWATER AND TO PRESERVE, PROTECT, AND
ENHANCE THE WATER QUALITY OF RECEIVING
WA'l'ERBODIES.
1.1.3
COASTAL ZONE MANAGFMENT ELEMENT
GOAL 20. MANhGEMENT OF CLEARWATER'S COASTAL RESOURCES SHALL
PROHIBIT ACTIVITIES THAT WOULD DAMAGE OR DESTROY
THE: NATURAL OR BUILT ENVIRONMENT, OR THREATEN
HUMAN LIFE DUE TO HURRICANE HAZARDS, AND SHALL
, PR0I10TE ACTIVI'rI ES 1J.1HAT ENHANCE THE NATURAL AND
BUILT ENVIRONMENT.
1 . 1 ,'4
RECREATION ELEMENT
GOAIJ 24. 'IT IS A GOAL OF THE CITY OF CLEARWATER TO DEVELOP
A SYSTEM OF OPEN SPACES, PARKS, AND RECREATION'
FACILITIES WHICH ARE DESIGNED FOR THE MAXIMUM
SA'l'ISFACTION OF THE RECREATIONAL NEEDS OF
CLgARWATER'S RESIDENTS AND TOUR
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CITY or.' DUNEDIN
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CFry OF LARGO
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CITY OF SAFETY, ~UffiBOR
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TOWN OF BELLEAIR
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Apr~l. ,28, 1993
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E.A.C. HIGHLIGHTS
7/12/93
H. Hunt'- Two tasks:
1. Incorporate changes to 7/16/93 special meeting
minutes and approve.
2. Determine if any changes to motion from 7/16 meeting
or if a new motion is desired. '
Various revisipns to minutes presented.
H. Hunt- Due to extent of changes to minutes he would like the
revisions to be brought back to next month's meeting.
B. Morris-Motion to approve minutes of 7/16'meeting, as revised.
G~ Davis- Second.
UNANIMOUSLY APPROVED
H. Hunt- I would' like to have these come back.,
ZOM presentat~on.
H; Hunt- If there are no fu~ther questions forZOM, is there a
different or additional motion the Committee wants to make?
General discussion.
~. Hunt- At this time I'd like to kick them out (sic).,
H. Hunt- The present status is that the motion of the 7/16
meeting recommends purchase of the property. We don't have to do
anything, or are there any additional motions, or no comments?
No response, general discussion.
H. Hunt- Thank you gentlemen.
ZOM leaves meeting.
General discussion.
A. Donovan- Instead of voting on the 'purchase we could send our
motion along that we see nothing wrong with the plan, but we
regret that it got to this point and wish the EAC had more
opportu~ities to intervene before development.
B. Morris- We have other options. General discussion.
A~ Garris- If I.was to make a motion it would say that we
or~ginally wanted to recommend purchase, however we have been
informed that we could be liable (sued), however due to the value
of the land the City should do everything possible to assure the
development preserves the environment.
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A. Conovan- We can leave the motion as is.
General discussi6n.
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H. Hunt- As of now I have no recommendations to reflect the fact
that we have spent 2 hours discusiing this.
,M. Folev- I. move that we schedule EAC discussions concerning
conservation'areas in the 'City so we can identify them and advise
the ,City' Commission.
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A. Garris- Second.
UNANIMOUSLY I APPROVED
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Mr. Foley'stated that Mr. Mayberry's noted correction on page one, line 21, to ....answered that the new
ordinance would afford grcat protection for existing trees, Correction on Page 2 paragraph 2 change 1500 to
, 15,000 and 1000 to 10,000 diameter inches would remain, Correction to page 2 line 8, There would be a minor
shoreline impact. ' Mr. Davis gave a bricf description of why he questioned the word "Parklt in the original
motion, stating that he would like to see the current' status of Clearwater's park inventory be noted in the
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minutcs. Ms. Melkonian mude corrections: to pagc 1, linc 14lo statc,thal'Mr.'Miller responded that it was not
an appropriate questions; pnge 2, line 24 to add Mr. Mayberry said this developer had done more than other
developers to work with the environmental department; page 2, line 23, to add "She strongly suggested that Lhe
City, Allorney should beconsultedll. ' '
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, '~unt: On the July meeting made a recommendation from those
present that the City should consider buying this. However, that
motion came about it, certainly could be construde as an attempt for
the city to buy it.
Mr. Morris: However, it doesn't preclude anything from happening.
These people need to get a permit. Once the sale is consumated,
the City does not necessarily have to issue them a permit. If the
City does not issue'them a permit the City will have to buy that
property as far ,as my understanding is. What I'm saying is I don' t
know what is going to happen. And these gentlemen can sit here and
tell us that this is going to happen this way, but I'm not sure its
going to happen this way.
Mr. Patterson: My intent is not to tell you what is going to
happen, my intent was only to answer that question. If I were to
say there are a lot of 'people who would sell their property back
for a buck we don't do that for a living that is not the way we
make our profits. And so i~ was important for you to know that.
If somehow you want to gain control of this property, it would have
to be thru other means than for me to say yes I'd like to flip this
back to the City or whoever it is who would buy it.
Ms. Garris: Go ahead, I pidn't mean to disrupt your thoughts.
, . /,;.. ,Mr. Patterson: Well I really wrestled with this on the drive over
this morning whether to share this or not, ,there have been a lot of
comments' that I heard thru the minutes or whatever nO,t to discuss
this with the ,CIty attorney, attorneys or whatever, and.I want to
share with you with what I've beenadvised of, because it's
important that you understand. The first thing you should do is to
take this with a grain of salt and then go seek the advise that you
need to seek to do whatever you want to do. But I've been
instructed that to forth or attempt to forstall the percurement of '
our development permits is illegal and that any individual or group
that chose to prevent that from happening could be held liable.
Mr. Morris: Did Tim Johnson tell you that,
Mr. Patterson: No he did't
Mr. Morris: Okay, because that sounds like something Tim Johnson
once said before '
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Mr. Hunt: I want to press the issue back again here, we're
running up towards 6 o'clock, we, certainly appreciate your
showing up' and answering questions and giving us the story. The
committee, I want to make sure there is no further questions from
this two gentlemen, then the next issue we want to talk about is
the minutes that we have approved (Mr. Foley's on site meeting)
have a motion in them that this committee recommends that the
city commission review the site and consider it for purchase, and
that is the motion that stands there. Now we all know from
listening to Mr. Patterson that ZOM Communities is not putting
this property on the market, I don1t know whether or not there is
a different or additional or whatever motion it is that the
committee wishes to make. First thing I want to make sure of if
there is any further questions that we need to ask Mr. Patterson
or Mr. Mazur.
Ms. Lanza: How did you find out about this property? You're in
Lakeland, right?
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Mr. Patterson: Orlando
Ms. Lanza: OK, your in Orlando, how did you, find out about this
property in Clearwater?
Mr. Patterson: I guess I heard about this 4-5 years ago, when I
drove upon it.
Ms. Lanza: You just drove upon it, those of us who live here
don't even know it's there, and you just fell on it on day.
Mr. Patterson: Well no, we look pretty closely at vacant ,land
and I knew Clearwater was a market that needed this level in
quality rentals, so we started looking at all vacant parcels.
Ms. Lanza: Not through any formal method, other than riding on
in a car.
Mr. Patterson: We actually usually look at aerial photographs
and then research title.
Ms. Garris: There is hardly any open land left anywhere.
Mr. Patterson: Its not very hard in Clearwater, you just find a
green spot.
I'
Ms. Lanza: So you decided Clearwater needed and you got the
aerial photographs,' you didn'tl have any kind of consultants in
Clearwater that said "Hey there's this land open, or this land
available or that land available"?
Mr. Patterson: There was a broker involved in the transaction,
if that's ~hat you're asking.
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Ms. Lanz~: So somebody more or less came to you and said to you
there is some land in Clearwater you might want to develop it.
Mr. Patterson: No actually what I do he did the leg work for me
I identified the parcel and he did the leg work.
Ms. 'Lanza: I~ that somebody a Clearwater resident?
Mr. Patterson: PAUSE I believe he lives in Tampa, ,is that good
or bad?
Mr. Hunt: Are there any other questions from these gentlemen?
Ms. .Donovan: These are going to be rental unit, do I understand
these are' not going to be owned, people that living there will
have no interest in the property.
Mr. Patterson: No ma'am
Ms. Sharpe: What price are the rentals?
Mr. Patterson: The rents will b~gin at about $535 a month for
the least expensive small one bedroom, and go up to over $1000
for a three bedroom with a garage.
.#
Ms. Sharpe: 'Thatt~ ~ typical market value right now for middle
income?
Mr. Patterson: It will be the highest priced rental~rty in
Pinellas County that I'm aware of that's not on the side on
the beach for a garden apartment. It will be in the market for
luxurious apartments. The newest project Post Court would be
about $485, on Old Coachman. ' '
Mr. Hunt: Are there any other further questions, from Mr.
Patterson or Mr.Mazur?n I's like to kick them_ out so that we can
· . .. C ~ ~~ ./~/.( V v-f. ~ICt I ~4tu. 1.( ~~4. ~u,..-t^-'- te ) .
Mr. Davis: If that's the case, I would just for the record like
to thank Mr. Patterson for coming down here, I would like to
congratulate he and ZOM managements for the aggressive
environmental concerns they are showing, and the effort that they
are making to adhere to the existing ever growing environmental
regulations that are out there. Because you are a developer
you're a bad guy.
Ms. Lanza: No body is saying that.
Mr. Davis: But there are those like yourselves that 'are going to
change that perception over the next decade. lId like to thank
you for the way you're approaching this thing.
Mr. Patterson: Thank' You
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Ms. Sharpe: I agree v~ry much, I support very strongly the
presentation of the additional information."
Mr. Davis: . Thank got its you and not somebody else.
Mr. Patterson: I have spoken to Mr. Pallotty before when he was
in West Palm and we had a lot of agreements to be worked out and
I can assure you that after going through that process, he will
speak to our willingness to do our work. All we need to
understand is what can we do reasonable to accommodate your
needs.
Mr. Hunt: The present status this 13 July minutes racommend that
the Committee says that the city should consider purchasing the
site. The gentlemen here who are part of that meeting feel that
is our continuing submittal. We don't have'to do anything since
we know that ZOM is not contemplating the site for sale, if there
are any other additional motions or any other additional comments
as we leave this subject.
PAUSE
Mr. Hunt: Thank you gentlemen.
Mr. Mazur: Thank you.
"
At this point Mr. Patterson and Mr. Mazur left.
Mr. Hunt: I'm not lobbying
Ms. Sharpe: The problem is hindsight, the problem is that the
Pro Comprehensive Management plan is not in place, everything we
need to have to function properly is not there. All we can do
now is work with the developer and the city in trying to get them
to the restoration measures .....
Ms. Garris:
Mr. Foley:
it.
Ms. ,Sharpe:
Don't let them snow you.
Let's go to the commissioners and let them talk about
There not snowing anybody.
Mr. Foley: There is something, I don't want to say sinister, but
there is somethin9 fishy about this, put it on record.
Ms. Garris: But what
Mr. Foley: I'll tell you what it is, and it's my opinion, not
anybody else. I keep thinking about this over and over. Mr.
Mazur sat on the Planning and Zoning Board for (3) three years,
during the time the Comprehensive Plan was being developed. Mr.
Mazur is a drainage enginear, he is one of the key people in
charge.
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Ms. Sharpe: What position does he have? Is he employed by the
city?
Ms. Lanza: No
Mr'. Foley: He is employed by the city, in fact he has just
completed compiling the NPDES stormwater permit applications with
the EPA.. . .
Ms. Lanza: He's not employed by the city, he's contracted. . . .
Mr. Foley: His company has also bid on the Watershed Management
Plan for the city. That property, I think that he, may have known
about this property for a very long time, in fact he said he knew
about it, before. ' '
Ms. Lanza: ,He was on P~anning and Zoning for three (3) years.
Ms. Garris: If Tom Miller was here he would not let this
continue.
Ms. Melkonian: No he wouldn't
Mr. Norris: What's his relationship to ZOM?...
Ms. Garris: I think if Tom Miller he would not let this
conversation continue....
Mr. Davis II: For the reco~d, Mr. Mazur resigned from King
Engineering Associates about 90 days ago, and is no longer
associated with the firm.
Ms. Lanza: No he resigned as president, but not as an employee.
Ms. Garris: But his reputation I don't think is something we
need to talk about.
Mr. Hunt: I have the same feeling as Ann said, I don't
'believe. . ., 'Mr. Foley continued
Mr. Foley: I just wonder why, the charter reasons for this
committee to be in existence was for us to recommend to the
commissioners property to buy for conservation use. That's since
been changed, but was in fact the charter of this committee when
Mr. Mazur was on it. If he knew about it I'd sure want to know
why he didn't,bring it up when he was a member of this committee.
Well talk about hindsight, somebody had hindsight . . .
Ms. Garris: That's beside the fact he should or should have done
it.
Mr. Foley: I want to apologize for cutting you off, but it was
your questions that made me start thinking. I'm sorry I have
come to these conclusions, but these are my feelings.
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Ms. Donovan: You know the thing about this is it i~ just San Rey
again. Most of you weren't here, but I remember.
Ms. Lanza: We have Scientology here to. The city is getting
lost.
Ms. Donovan: To me it's like having a 900 pound gorilla in your
living room, its a very well behaved one" he's better behaved
than you realized. But he still is a 900 pound gorilla and I do
not like the last Clearwater being paved. Every time they took
the woods for storage, that was published in the paper as "The
Last Woods in the city Limits". So here goes another fine piece.
But its nothing to do, it's not our fault, George is right we're
just lucky that they are doing as fine a job as they are.
Ms. Lanza: They' don't have any choice
MULTIPLE DISCUSSION FOLLOWED, COULD NOT DISTINGUISH WHO SAID WHAT
"
Mr.Hunt: I wish to express we ,have to come to some
recommendation, maybe our recommendation is that Clearwater
emphasis its work on, the Clearwater Comprehensive Plan, I don't
care what the recommendation is.
Ms. Donovan: I think that talk about buying it for a park is a
place where nobody could get to anyway, could only be left as a
passive park. Instead of voting or recommending to do that we
could send ,our motion along that we see nothing wrong with their
plan, ~ts a good plan but that we regret the fact that it ever
got to this point, and we wish as the Environmental Committee
that there were more opportunities to intervene before
development.
Mr.Norris: I think we have a lot more options than you suggest,
we can write Pinellas County Commission, we can contact DER, we
can contact EPA, we can flood SWIM as a body. There is a
$10,000,000 fund from the Phosphate Industry to buy
Environmentally property, we could write them. You don't have to
role over right now. If they are going to sue me go ahead sue.
Mr. Foley: Zorn in going to the Commission on ,the 19, not August
30, so once they go through that they can start applying for
building permits.
Ms. Garris: I disagree with you to this extent, if I were to
make a motion I would make the motion to the city that at first
we had wanted to r~commend that they purchase the 'land, however,
we had been' informed we would make ourselves liable if we did
that.
Mr. Norris: We haven't found that out for sure, that was only
making a threat as far as I'm concern.
Ms. Garris: Let me finish, this commission needs to know that he
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'Mr. Norris:
,address that
said what he said that we could be sued'if we did it. However,
because this land is:so valuable to the city of Clearwater, ,we
request that the City be certain that they do everything
necessary to everything that we can require them to do to
preserve,this environment. ]
Well if we're going to do everything, then we
60 inch drain,' that should be on there.
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Mr. 'Quillion:
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