12/18/2008CITY COUNCIL MEETING MINUTES
CITY OF CLEARWATER
December 18, 2008
Present: Frank Hibbard
George N. Cretekos
John Doran
Carlen Petersen
Paul Gibson
Mayor
Vice-Mayor
Councilmember
Councilmember
Councilmember
Also present: William B. Horne II
Jill S. Silverboard
Rod Irwin
Pamela K. Akin
Cynthia E. Goudeau
Rosemarie Call
City Manager
Assistant City Manager
Assistant City Manager
City Attorney
City Clerk
Management Analyst
The Mayor called the meeting to order at 6:00 p.m. at City Hall. The invocation was
offered by Pastor Pam Smith of Grace Lutheran Church. The Mayor led the Pledge of
Allegiance.
To provide continuity for research, items are in agenda order although not
necessarily discussed in that order.
4 - Presentations:
4.1. Home of the Quarter, Business of the Quarter, and Neighborhood of the Quarter
The Neighborhood of the Quarter was presented to Northwood West. The Home of the
Quarter was presented to Scott & Pam Williams at 622 Fairmont Street, Bruce & Melody Hause
at 700 S. Prospect Avenue, John & Sheila Poling at 1475 Misty Plateau Trail and William &
Linda Spencer at 1896 Murray Avenue. The Business of the Quarter was presented to
Greektown Grille, 1230 Cleveland Street.
4.2. Human Rights Week Proclamation, December 8-12, 2008
4.3. National Homeless Persons Memorial Dav Proclamation. December 21. 2008
5 - Approval of Minutes
5.1 Approve the minutes of the December 4, 2008 City Council Meeting as submitted in written
summation by the City Clerk.
Councilmember Petersen moved to approve the minutes of the December 4, 2008, City
Council Meeting as recorded and submitted in written summation by the City Clerk to each
Councilmember. The motion was duly seconded and carried unanimously.
6 - Citizens to be Heard re Items Not on the Agenda - None
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Public Hearings -Not before 6:00 p.m.
7 -Administrative Public Hearings
7.1. Approve the City of Clearwater FY 2007-2008 Consolidated Annual Performance and
Evaluation Report (CAPER).
The Consolidated Annual Performance and Evaluation Report (CAPER} is the principal
administrative report, documenting the City's expenditures for Community Development Block
Grant (CDBG} and HOME Investment Partnership (HOME) programs to the U. S. Department of
Housing and Urban Development (HUD). For FY 2007-2008 the City's budget was as follows:
$965,053 in CDBG; $538,355 in HOME; and $160,000 in program income for a total budget of
$1,663,408.
The CAPER document serves as the basis for program monitoring for compliance and
for financial audits for all activities conducted during the FY 2007-08 as outlined in the
Consolidated Plan for that program year. The report provides HUD with necessary information
for the Department to meet its requirement to assess each grantee's ability to carry out relevant
Community Planning and Development programs in compliancewith all applicable rules and
regulations. It also provides information necessary for HUD's Annual Report to Congress and it
provides grantees and opportunity to describe to citizens their successes in revitalizing
deteriorated neighborhoods and in meeting objectives stipulated in their Consolidated Planning
document.
In addition to reporting on our activities with federal money, we also included a summary
of activities conducted with the Florida State Housing Initiatives Partnership (SHIP) Program in
the narrative section; however, these numbers are not included in the totals below.
Through the CDBG and HOME program activities, we expended a total of $2,829,609 in FY 07-
08. This included prior year funds as well as program income and recaptured funds. Those
funds not expended from this year's budget will be reprogrammed in future budgets.
The City of Clearwater FY 2007-08 CAPER contains information on the City's assessment of
the activities listed below: 1) Executive Summary; 2) Assessment Of The One Year Goals And
Objectives; 3} Affirmatively Furthering Fair Housing; 4} Leveraging Resources; 5) Continuum Of
Care Narrative; 6} Citizen Participation; 7) Other Actions; 8) Housing; 9} HOME Program; 10}
Other Housing Programs; 11 }Community Development; 12) Neighborhood Revitalization
Strategy Areas; and 13} Housing Opportunities For People With AIDS (HOPWA).
Through the programs covered under the CAPER, over 15,876 persons were assisted
through Public Services, Public Facilities, Housing Rehabilitation and New Construction, Fair
Housing, and Economic Development projects. Key projects included the demolition of Homer
Villas, acquisition of Country Club Homes (Verizon property), acquisition of the Blue Chip Bar,
and funding to Homeless Emergency Project for the Fairburn Apartments. The City's
Neighborhood and Affordable Housing Advisory Board is scheduled to approve the FY 2007-08
CAPER at their meeting on December 9, 2008. The FY 2007-08 CAPER is due to HUD no later
than December 29, 2008.
Councilmember Cretekos moved to approve the City of Clearwater FY 2007-2008
Consolidated Annual Performance and Evaluation Report (CAPER). The motion was duly
seconded and carried unanimously.
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7.2. Accept the Local Housing Incentive Strategy (Report) developed by the Affordable Housing
Advisory Committee and direct staff take the necessary steps to incorporate the appropriate
strategies into the Local Housing Assistance Plan
During the 2007 legislative session, the Florida legislature passed House Bill 1375.
Under this bill, approval was granted for the creation of Section 420.9076 of the Florida Statute.
This statute requires counties and cities receiving State Housing Initiatives Partnership (SHIP)
funds to appoint an eleven member Affordable Housing Advisory Committee (AHAC). The
statute further provides that the committee be made up of members from a specific industry or a
specific group as identified in the statute. The requirement was largely met through the use of
the City's existing Neighborhood and Affordable Housing Advisory Board (NAHAB). The City
Council adopted Resolution No. 08-15 that created and appointed the AHAC.
The duties of the AHAC included reviewing policies and procedures, ordinances, land
development regulations and the City's adopted comprehensive plan and recommending
specific actions or initiatives to encourage or facilitate affordable housing.
Per state statute, at a minimum, the AHAC reviewed and made recommendations on the
following: a) The processing of approvals of development orders or permits, as defined in
F.S.163.3164 (7} and (8}, for affordable housing projects is expedited to a greater degree than
other projects; b} The modification of impact-fee requirements, including reduction orwaiver of
fees and alternative methods of fee payment for affordable housing; c} The allowance of
flexibility in densities for affordable housing; d) The reservation of infrastructure capacity or
housing forvery-low income persons, low-income persons, and moderate-income persons; e)
The allowance of affordable accessory residential units in residential zoning districts; f) The
reduction of parking and setback requirements for affordable housing; g) The allowance of
flexible lot configurations, including zero-lot-line configurations for affordable housing; h} The
modification of street requirements for affordable housing; i) The establishment of a process by
which a local government considers, before adoption, policies, procedures, ordinances,
regulations, or plan provisions that increase the cost of housing; j) The preparation of a printed
inventory of locally owned public lands suitable for affordable housing; and k) The support of
development near transportation hubs and major employment centers and mixed-use
developments.
In July, the Economic Development and Housing Department contracted with Wade
Trim, Inc. to help facilitate the process. Wade Trim coordinated the preparation of the Local
Housing Incentive Strategy in cooperation with the City's staff and the AHAC. The Local
Housing Incentive Strategy encompasses the definition, vision, strategic focus areas and
incentive recommendations in orderto facilitate the development of affordable housing in the
City of Clearwater. The AHAC convened on four separate occasions in order to develop and
identify the value of affordable housing, identify the principles for Clearwater's affordable
housing and develop a vision statement to be included as part of the Local Hosing Incentives
Strategy. A separate focus group consisting of for-profit and non-profit affordable housing
developers was also organized in order to gain additional insight and recommendations
concerning the incentive strategies.
The report highlights an affordable housing vision statement that was derived from input
by board members. Additionally, AHAC members focused on the values that affordable housing
brings to the City of Clearwater. The themes identified centered on the values that affordable
Council 2008-12-18 3
housing supports a dynamic and competitive economy, improves the social well being that
builds a sense of community, and ensures that the City's workforce can live within the City
limits. Furthermore, the AHAC also identified and recommended provisions that would identify
adaptive reuse practices, require triennial updates to the City's Local Housing Incentives
Strategy, support design standards for affordable housing developers, improve communication
and marketing channels for affordable housing, diversify financing resources, and support
development of public and private partnerships forthe provision of affordable housing.
By statute, the initial report must be submitted to City Council by December 30, 2008. After the
initial submission, the reports are due every three years on December 31St of the year preceding
the submission of the Local Housing Assistance Plan (CHAP).
The City Council is being asked to review the Local Housing Incentives Strategy
recommendations that were approved by the AHAC on November 19, 2008. By March 31,
2009, the City Council will be asked to adopt an amendment to the Local Housing Assistance
Plan (CHAP) to incorporate the local housing incentive strategies it will implement for the City of
Clearwater. The amendment must include, at a minimum, the State required incentive strategies
specified above. Upon approval, the City of Clearwater is required to notify the State of its
adoption of an amendment to its CHAP to incorporate the incentive strategies. The notice must
also include a copy of the approved amended plan in order to comply with the SHIP programs
participation guidelines.
Economic Development & Housing Director Geri Campos Lopez provided a power point
presentation and reviewed AHAC's recommendations.
It was stated that the Pinellas County Metropolitan Planning Organization recently
reviewed impact fees and recommended unanimously to leave fees at status quo due current
economy.
Discussion ensued. Ms. Campos Lopez said affordable housing is defined as any
residential unit, leased or owned by a household, with a household income of 120% or less of
the adjusted area median family income for Pinellas County. Many housing funds target
specific income levels. It was stated that with proper findings of fact the City Charter does not
prevent giving financial assistance to affordable housing projects.
Councilmember Gibson moved to accept the Local Housing Incentive Strategy (Report)
developed by the Affordable Housing Advisory Committee and direct staff take the necessary
steps to incorporate the appropriate strategies into the Local Housing Assistance Plan. The
motion was duly seconded and carried unanimously.
7.3. Approve a Lease Modification Agreement between the City of Clearwater, Silver Dollar Trap
Club, Inc. and Silver Dollar Shooters Resort, L. L. C., amending the Lease Agreement dated
February 14, 1994, between the City and Silver Dollar Trap Club, Inc. with respect to 18.18
acres, more or less, in the Southeast 1l4 of Sec. 19-27-17, Hillsborough County, Florida;
declare same as surplus for the purpose of granting an option to extend said Lease for one
additional term of five years, and consent to the Assignment, Assumption and Modification
Agreement integral therewith by and between Silver Dollar Trap Club, Inc., Silver Dollar
Shooters Resort, LLC and NHC-FL8, L. P., and authorize the appropriate officials to execute
same.
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On February 14, 1994, the City entered into a fifteen year Lease of 18.18 acres of the
City's Hillsborough County "Sludge Farm" with Silver Dollar Trap Club, Inc. ("Lessee"), a Florida
corporation that operated a 57-acre trap club immediately adjacent on the west. The monthly
rent was established at $393.90 per month throughout the Lease term. The Lease parcel has
since been improved with three of the Club's thirteen trap stands, the balance of the Lease
lands being a buffer between club activities and the City's remaining 444 acres of agricultural
lands. On February 5, 1999, the Lessee sold the Silver Dollar Trap Club, and other property, to
NHC-FL8, L. P., a Delaware limited partnership, and entered into license agreements then, and
again in 2000, with the new owner and its operating entity, without formally assigning the
leasehold interest it had with the City.
Among its provisions, the subject Modification Agreement amends the original 1994
Lease as follows: 1) It grants the Successor Lessee the option to extend the Lease term for one
five (5} year term from February 14, 2009 through February 13, 2014; 2) Upon City approval of
the Modification Agreement, the monthly rent will adjust to $825.00 per month for the period
January 14 -February 13, 2009, then increase with the CPI index as of 12/31/2008, or 3%,
whichever is greater 2/14/2009 and each anniversary thereafter during the extension should the
Lessee exercise that option; and 3) Obligates both the Original Lessee and the Successor
Lessee to fulfill all lease obligations to the City on apro-rata basis, including any environmental
remediation that may be required upon lease termination as a result of trap club activities.
The City Commission did not declare the subject Lease lands as surplus upon entering
into the 1994 Lease. Declaring the lands as surplus for the purpose of approving the
Modification Agreement and granting the option to extend the Lease for one additional five-year
term brings Council actions into compliance with the current City Charter. City approval of and
consent to the Assignment formally conveys the Lessee's leasehold interest into the Assignee
and Licensee as described therein, and obligates all parties to jointly, on a pro-rata basis, fulfill
all obligations to the City imposed in the Lease.
Engineering Assistant Director Scott Rice said since Monday's work session the Leaee
has obtained a guarantee of payment for any environmental rehabilitation. He indicated they
may be willing to purchase the property but the process cannot be completed prior to the lease
expiring.
Consensus was to extend lease for one year, pending sale and subject to their approval.
Councilmember Petersen moved to extend for one year the Lease Agreement dated
February 14, 1994 between the City and Silver Dollar Trap Club, Inc. with respect to 18.18
acres, more or less, in the Southeast 114 of Sec. 19-27-17, Hillsborough County, Florida; subject
to the Lessee's approval and authorize the appropriate officials to execute same. The motion
was duly seconded and carried unanimously.
7.4. Approve the Annexation, Initial Land Use Plan Designation of Residential Low (RL) and
Initial Zoning Atlas Designation of Low Medium Density Residential (LMDR) District for 2328
Anna Avenue (Lot 30, Rolling Heights in Sec. 7-29-16); and Pass Ordinances 8019-08, 8020-08
and 8021-08 on first reading. (ANX2008-09016)
This voluntary annexation petition involves a 0.1928-acre property consisting of one
parcel of land occupied by asingle-family dwelling. It is located on the north side of Anna
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Avenue, approximately 600 feet west of Dora Drive. The applicant is requesting this annexation
in order to receive sanitary sewer and solid waste service from the City. The property is located
within an enclave and is contiguous to existing City boundaries to the east and north. It is
proposed that the property be assigned a Future Land Use Plan designation of Residential Low
(RL) and a zoning category of Low Medium Density Residential (LMDR).
The Planning Department determined that the proposed annexation is consistent with
the provisions of Community Development Code Section 4-604.E as follows: 1) The closest
sanitary sewer line is located in the adjacent Sharkey Road right-of-way and the applicant has
paid the City's sewer impact and assessment fees and is aware of the additional costs to extend
City sewer service to this property; 2) Collection of solid waste will be provided by the City of
Clearwater; 3} The property is located within Police District III and service will be administered
through the district headquarters located at 2851 N. McMullen-Booth Road; 4) Fire and
emergency medical services will be provided to this property by Station 48 located at 1700 N.
Belcher Road; 5} The City has adequate capacity to serve this property with sanitary sewer,
solid waste, police, fire and EMS service; 6} The proposed annexation will not have an adverse
effect on public facilities and their levels of service; and 7) The proposed annexation is
consistent with and promotes the following objective of the Clearwater Comprehensive Plan:
Objective 2.4: Compact urban development within the urban service area shall be promoted
through application of the Clearwater Development Code.
The proposed RL Future Land Use Plan category is consistent with the current
Countywide Plan designation of this property. This designation primarily permits residential
uses at a density of 5 units per acre. The proposed zoning district to be assigned to the
property is the Low Medium Density Residential (LMDR) District. The use of the subject
property is consistent with the uses allowed in the District and the property exceeds the
District's minimum dimensional requirements. The proposed annexation is therefore consistent
with the Countywide Plan, City's Comprehensive Plan and Community Development Code; and
The property proposed for annexation is contiguous to existing City boundaries to the north and
east; therefore the annexation is consistent with Florida Statutes Chapter 171.044.
Councilmember Doran moved to approve the Annexation, Initial Land Use Plan
Designation of Residential Low (RL) and Initial Zoning Atlas Designation of Low Medium
Density Residential (LMDR) District for 2328 Anna Avenue (Lot 30, Rolling Heights in Sec. 7-29-
16. The motion was duly seconded and carried unanimously.
Ordinance 8019-08 was presented for first reading and read by title only.
Councilmember Cretekos moved to pass Ordinance 8019-08 on first reading. The motion was
duly seconded and upon roll call, the vote was:
"Ayes": Cretekos, Petersen, Doran, Gibson, and Hibbard.
"Nays": None.
Ordinance 8020-08 was presented for first reading and read by title only.
Councilmember Gibson moved to pass Ordinance 8020-08 on first reading. The motion was
duly seconded and upon roll call, the vote was:
"Ayes": Cretekos, Petersen, Doran, Gibson, and Hibbard.
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"Nays": None.
Ordinance 8021-08 was presented for first reading and read by title only.
Councilmember Petersen moved to pass Ordinance 8021-08 on first reading. The motion was
duly seconded and upon roll call, the vote was:
"Ayes": Cretekos, Petersen, Doran, Gibson, and Hibbard.
"Nays": None.
7.5. Approve amendments, relating to communit policing and performing arts theatre, to the
Clearwater Downtown Redevelopment Plan and pass Ordinance 8014-09 on first reading.
In August 2008, the Community Redevelopment Agency and City Council entered into
an Interlocal Agreement to use tax increment financing to provide for additional police presence
beyond current activity levels in the East Gateway. The Tax Increment Financing (TIF) Section
of the Clearwater Downtown Redevelopment Plan should be revised to recognize that TIF will
be used as a source of funding for additional community policing innovations.
Proposed Ordinance 8014-09 contains five amendments that primarily address the issue
of community policing innovations. Anew policy supporting the continuation of community
policing innovations is proposed in Chapter 3 Land UselRedevelopment Plan. In Chapter 4
Plan Implementation, community policing is proposed as a public strategy. Additionally, a
description of the community policing innovations is proposed to be added in this chapter, as
well as a provision specifying that the innovations may be funded with TIF. One other minor
amendment proposed in Ordinance 8014-09 expands a public strategy to support Downtown as
a location for a performing art theater.
At its meeting on November 18, 2008, the Community Development Board reviewed and
recommended approval of the proposed amendments to the Clearwater Downtown
Redevelopment Plan with one minor editorial revision which has been incorporated into
Ordinance 8014-09. The Board also had a lengthy discussion regarding the importance of foot
patrols within the Downtown and requested that Council be apprised of the Board's support for
the use of such patrols.
Councilmember Doran moved to approve amendments, relating to community policing
and performing arts theatre, to the Clearwater Downtown Redevelopment Plan. The motion
was duly seconded and carried unanimously.
Ordinance 8014-09 was presented for first reading and read by title only.
Councilmember Cretekos moved to pass Ordinance 8014-09 on first reading. The motion was
duly seconded and upon roll call, the vote was:
"Ayes": Cretekos, Petersen, Doran, Gibson, and Hibbard.
"Nays": None.
Council 2008-12-18 7
7.6. Approve amendment to the Community Development Code to allow a reduced parking
requirement for changes of use within the Downtown (D) District where there are no existing
parking spaces or available land fortheir construction, and Pass Ordinance 7999-08 on first
reading.
At the City Council Work Session of October 13, 2008, concerns were raised pertaining
to Ordinance 7999-08. Following this meeting, the Planning Department considered possible
alternative language and options that could improve the ordinance and the Department would
now propose to amend the ordinance language to reduce the area and uses governed by the
ordinance.
With regard to the geographic area associated with the ordinance, staff would
recommend reducing the area from that originally proposed to now include only those
buildings/properties with frontage on Cleveland Street that are located between Osceola
Avenue and Myrtle Avenue (Cleveland Street District). This reduction in area keeps the focus
on the core of the downtown where City historic properties are located, and where the greatest
amount of attention is presently needed to ensure that revitalization measures are successful.
Whereas the original ordinance would allow for changes in use to any use presently allowed
within the Downtown (D) District, staff would recommend that the changes of use be limited to
only those uses that are being specifically encouraged in the downtown area, namely indoor
recreationlentertainmentfacilities (i.e. theaters), restaurants, retail sales and services, and
offices.
It merits restating that the purpose of this proposed amendment is to facilitate the
reoccupation of existing buildings and tenant spaces within the Cleveland Street District.
Presently, should a prospective restaurateur want to open a restaurant in a building that has no
off-street parking and that was most recently occupied by a real estate office or a retail
business, they would be required to apply for a Comprehensive Infill Redevelopment approval to
request a reduction from the off-street parking requirement and receive such approval from the
Community Development Board. This process, which takes approximately three months to
complete, would result in no gains forthe City, as the buildings already exist without off-street
parking or the opportunity to provide off-street parking. In effect, all that would be accomplished
by continuing to require that prospective business owners complete this process is the
unnecessary and costly delay andlor prevention of them actually establishing businesses in
downtown Clearwater. The revised ordinance, a map illustrating properties that would be
impacted by the ordinance, as well as a list of the businesses that currently occupy those
properties is provided.
Councilmember Gibson moved to approve amendment to the Community Development
Code to allow a reduced parking requirement for changes of use within the Downtown (D)
District where there are no existing parking spaces or available land for their construction. The
motion was duly seconded and carried unanimously.
Ordinance 7999-08 was presented for first reading and read by title only.
Councilmember Petersen moved to pass Ordinance 7999-08 on first reading. The motion was
duly seconded and upon roll call, the vote was:
"Ayes": Cretekos, Petersen, Doran, Gibson, and Hibbard.
Council 2008-12-18 8
"Nays": None.
7.7. Approve amended and restated Development Agreement for property located at 100
Coronado, between K and P Clearwater Estate, LLC (the property owner) and the City of
Clearwater (Case DVA2008-00001)and adopt Resolution 08-14.
The 2.75 acres is located directly south of Pier 60 between Coronado Drive and South
Gulfview Boulevard, north of Second Street. The subject property is currently vacant, but used
as a temporary City public parking lot. On October 19, 2004, the Community Development
Board (CDB) approved a Flexible Development application for the construction of a 350-unit
hotel with associated amenities and 75 attached dwellings as a mixed-use development
(FLD2004-02013).
The City Council approved a companion Development Agreement on February 17, 2005
(Case DVA2004-00001). These development approvals authorized the following: 1) Use of 250
hotel rooms from the Beach by Design density pool; 2) Maximum building height of 150 feet; 3)
Vacation of a portion of the right-of-way for Gulfview Boulevard between Coronado Drive and
proposed Second Street; 4) Vacation of the First Street right-of-way between Coronado Drive
and Gulfview Boulevard; 5) Dedication of right-of-way for proposed Second Street between
Coronado Avenue and Gulfview Boulevard; and 6) Dedication of right-of-way for Coronado
Drive between proposed Second Street and Gulfview Boulevard.
On May 17, 2005, the CDB approved a Flexible Development application amending the
prior project to modify the location of an elevated pedestrian walkway over South Gulfview
Boulevard (FLD2004-02013A). On March 16, 2006, City Council approved an amendment to
this original Development Agreement (DVA2004-00001A), which dealt with issues associated
with Beach Walk construction and the timing of the dedication of land for Relocated 1st Street
(to be known as Second Street once constructed), as well as for the construction of Relocated
1st Street.
On October 21, 2008, the CDB approved with 13 conditions of approval a Flexible
Development application for the construction of a 450-room overnight accommodation use (250-
room hotel and 200-room timeshare) (FLD2008-05013). The proposal is in compliance with the
standards for development agreements, is consistent with the Comprehensive Plan and furthers
the vision of beach redevelopment set forth in Beach by Design. The proposed Development
Agreement will be in effect for a period not to exceed ten years and includes the following main
provisions: 1) Updates the provisions of the Development Agreement to current conditions,
reflecting changes due to Beach Walk construction and other surrounding conditions, as well as
the current proposed development; 2) Provides for the vacation of Parcel J (the area where the
pedestrian bridge was previously located on the approved plan, which is no longer proposed); 3)
Updates the public parking options to reflect the developer's option to pay in lieu of providing the
parking spaces on-site; 4) Updates Exhibit M (Parking Protocol), due to the change in design of
the project and responding to Staff concerns regarding employee parking issues; and 5)
Updates the developer's pro rata share of the Beach Walk construction to indicate what the
developer has paid to date and the remaining obligation to meet the prior commitment.
The currently approved Development Agreement, along with the associated resort pool
units, expires in 2015. This proposed amended Development Agreement does not extend this
date. It does propose to give the developer three years to commence vertical construction and
Council 2008-12-18 9
the opportunity to request a time extension from City Council extending through the 2015 date.
The proposed amended Development Agreement also requires the City to consider (but not
necessarily adopt) amendments to the previously approved vacation ordinances that expire in
March 2010 if vertical construction has not commenced.
The Community Development Board reviewed this Development Agreement application
at its public hearing on October 21, 2008, and unanimously recommended approval of the
application (DVA2008-00001). Following the CDB meeting, there have been changes to the
Agreement negotiated by the City Attorney. Specifically, The Agreement has been changed to
require commencement of the Project within three years and several other minor changes
related to timing of commencement and the ability to have Concession on the beach and the
related documents and provisions have been deleted.
Ed Armstrong, representing the property owner, stated it is in the best interest of the City
to approve the extension as it preserves the units from the density pool.
In response to questions, Related Group representative Eric Fordham said Related is
involved with negotiations and securing financing. Related is not marketing the property for
sale. The partnership contract is not cancelable from either side unless the property is sold.
Discussion ensued. Consensus was to support the extension of the development
agreement for three years as it is in the best interest of the City to preserve the units from the
density pool and will also result in additional parking spaces under a separate agreement.
Councilmember Doran moved to approve amended and restated Development
Agreement for property located at 100 Coronado, between K and P Clearwater Estate, LLC (the
property owner) and the City of Clearwater (Case DVA2008-00001 }. The motion was duly
seconded. Councilmembers Cretekos, Doran, Petersen and Mayor Hibbard voted "Aye," and
Councilmember Gibson voted "Nay." Motion carried.
Resolution 08-14 was presented and read by title only. Councilmember Cretekos moved
to pass and adopt Resolution 08-14 and authorize the appropriate officials to execute same.
The motion was duly seconded and upon roll call, the vote was:
"Ayes": Cretekos, Petersen, Doran, and Hibbard.
"Nays": Gibson.
Motion Carried.
8 -Second Readings -Public Hearing
8.1. Approve amendments to the Clearwater Comprehensive Plan as recommended in the
Evaluation and Appraisal Report (EAR) and according to comments from the Florida
Department of Community Affairs (DCA) and adopt Ordinance 7993-08 on second reading
Councilmember Petersen moved to amend Ordinance 7993-08 on second reading; see
Exhibit 1. The motion was duly seconded and carried unanimously.
Council 2008-12-18 10
Ordinance 7993-08 was presented for second reading as amended and read by title
only. Councilmember Gibson moved to pass and adopt Ordinance 7993-08 on second and final
reading as amended. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Cretekos, Petersen, Doran, Gibson, and Hibbard.
"Nays": None.
City Manager Reports
9 -Consent Agenda
9.1. Appoint Mr. Robert Going to a two-year term ending December 31, 2010 as a Trustee of
the Clearwater Firefighters' Supplemental Trust Fund in accordance with Sec. 175.061 of the
Florida State Statutes. (consent)
9.2. Approve an agreement between The Florida Commission on Community Service and the
City of Clearwater renewing the AmeriCorps Clearwater program for the period of January 1,
2009 through December 31, 2009, including a cash match in the amount of $84,895 and
authorize the appropriate officials to execute same. (consent}
9.3. Accept a 385 square-foot Drainage and Utilities Easement conveyed by Robert C. and
Susan K. Goodell, over, under and across a portion of Lot 18, Fair Oaks Subdivision first
Addition, inconsideration of receipt of $1.00 and the benefits to be derived therefrom. (consent)
9.4. Accept a 2,672 square-foot Sidewalk and Utilities Easement conveyed by Station Square
Clearwater Condo, LLC, a Florida limited liability company, over, under and across a portion of
Lot 4 and Lot 11, and the West 2 feet and 4 inches of Lot 12, Gould and Ewing's 1 st and 2nd
addition to Clearwater Harbor, Florida, given in consideration of receipt of $1.00 and the
benefits to be derived therefrom. (consent)
9.5. Approve filing third-party actions against designlbuild engineer Post, Buckley, Schuh and
Jernigan, Inc. (PBS and J), for contribution, indemnification and related causes of action for
alleged wrongful design and/or construction of the Coronado Drive Improvement portion of the
Beach by Design project in the case of Szlechta v. City and Rudman v. City; and approve filing
suit against PBS andJ for alleged wrongful design and/or construction of the Coronado Drive
Improvement portion of the Beach by Desi. nc?project to seek contribution and/or indemnification
for the costs of settlement incurred in the case of Tracey v. City. (consent)
9.6. Authorize instituting a civil action against Crimone Development Corporation to recover
$1,817.23 for damage to Citv property. (consent)
9.7. Authorize instituting a civil action against Davis Construction Co. of Pinellas County to
recover $1,665.62 for damage to Citv property. (consent)
9.8. Authorize instituting a civil action against Environmental Crossings, Inc., to recover
$9,696.27 for damage to City property. (consent)
Council 2008-12-18 11
Councilmember Doran moved to approve the Consent Agenda as submitted and that the
appropriate officials be authorized to execute same. The motion was duly seconded and carried
unanimously.
10 -Other items on City Manager Reports
10.1. Approve a lease amendment between the City of Clearwater and K and P Clearwater
Estate, LLC for 100 additional temporary parking spaces on property located at 100 Coronado
and authorize appropriate officials to execute same.
The original lease agreement for a minimum of 103 temporary parking spaces on the
beach was approved February 15, 2007. K and P Clearwater Estate, LLC has agreed to
expand the temporary parking by 100 spaces to encompass the entire parcel for a total of 203
parking spaces. Costs to improve the site for the additional parking and to return the property
back to the original condition upon termination are estimated not to exceed $150,000. These
costs do not include six Pay & Display meter units to be used for the collection of parking
receipts. The cost for these meters is $60,900, plus $1,000 for installation. Rent payments of
$120 per month per space for the additional parking will begin after the City has recovered all
site improvement costs not to exceed $150,000. After the City recovers all costs, the total
maximum annual lease amount will not exceed $283,680 (total monthly payment $23,640).
Estimated monthly revenue per space is $280 (total estimated monthly revenue $55,160}. All
of the terms and conditions of the original Temporary Parking Lot Lease will continue to be in
effect throughout the remaining term of this agreement.
Councilmember Petersen moved to approve a lease amendment between the City of
Clearwater and K and P Clearwater Estate, LLC for 100 additional temporary parking spaces on
property located at 100 Coronado and authorize appropriate officials to execute same. The
motion was duly seconded and carried unanimously.
10.2. Approve a Utilit Work By Highway Contractor Agreement with Pinellas County to relocate
and install natural gas mains during improvement project, PID: 920522 Pinellas County,
Keystone Road from US19 to East Lake Road, at an estimated cost of $434,000 and adopt
Resolution 08-27.
Pinellas County has a project to widenlimprove Keystone Road from US19 to East Lake
Road, including roadway, sidewalk, other improvements, and utilities to include those existing
Clearwater Gas facilities which conflict with the design. Under the Utility Work By Highway
Contractor Agreement (UWBHC), Pinellas County's general contractor will perform the
relocation of existing and installation of new natural gas mains. Having Pinellas County's
general contractor install the natural gas mains allows forworkto be done in a timely manner
and releases Clearwater Gas System from penalty payments.
Councilmember Doran moved to approve a Utility Work By Highway Contractor
Agreement with Pinellas County to relocate and install natural gas mains during improvement
project, PID: 920522 Pinellas County, Keystone Road from US19 to East Lake Road, at an
estimated cost of $434,000. The motion was duly seconded and carried unanimously.
Council 2008-12-18 12
Resolution 08-27 was presented and read by title only. Councilmember Cretekos moved
to pass and adopt Resolution 08-27 and authorize the appropriate officials to execute same.
The motion was duly seconded and upon roll call, the vote was:
"Ayes": Cretekos, Petersen, Doran, Gibson, and Hibbard.
"Nays": None.
10.3. Approve a donation to Clearwater Homeless Intervention Project, Inc. (CHIP) for funding
2008/2009 Day Center operations and authorize the allocation of $119.470.00 of General Fund
Unappropriated Retained Earnings to fund this program. (consent)
The Clearwater Homeless Intervention Project shelter opened in April 1998, and since
that date has provided a safe overnight facility for homeless persons and essential support
services to help individuals and families begin to improve their lives. In CHIP's continuum of
care, there are currently three programs offered: outreach and assessment to the day center
component; emergency housing in the shelter services; and transitional housing at the
Parkbrooke Apartment Complex.
As with many other charitable non-profit organizations, CHIP has realized a significant
reduction in charitable donations. CHIP currently is projecting a budget shortfall of $119,470,
which is the annual cost of maintaining the day center program. The CHIP "day center"
program is, for many of those who find themselves homeless, the first step in making the move
from the streets to self-sufficiency and housing. The services offered by the day center focus on
providing basic needs either by CHIP direct services or by providing office space for other
agencies.
From October 1, 2007 to September 30, 2008, CH I P provided over 30, 000 services to
900 unduplicated individuals in the day service program. The current average per day is 80
homeless individuals forwhom there is no bed space in the shelter. The impact of this program
termination will place an additional average of 80 homeless persons in the East Gateway and
downtown areas of Clearwater.
Police Chief Sid Klein said if center closes, the reported 80 homeless individuals who
avail themselves to the daytime services would remain in the area, creating an enforcement
issue. The City would need to refer them to another facility.
Discussion ensued. Concern was expressed that the City provides 40% of the shelter's
budget. It was stated that CHIP was acouncil-driven initiative.
One individual spoke in opposition.
City Manager Bill Horne said the Homeless Emergency Project is willing to collaborate
with the City and develop a more comprehensive approach. Some funding would be expected.
Mr. Horne suggested removing Chief Klein from CHIP Board of Directors position to help
distance shelter from City.
Councilmember Gibson moved to approve a donation to Clearwater Homeless
Intervention Project, Inc. (CHIP) for funding 2008/2009 Day Center operations and authorize the
Council 2008-12-18 13
allocation of $119,470 of General Fund Unappropriated Retained Earnings to fund this program
with understanding will be putting together a plan in the next twelve months. The motion was
duly seconded. Councilmembers Doran, Gibson, Petersen and Mayor Hibbard voted "Aye," and
Councilmember Cretekos voted "Nay." Motion carried.
Miscellaneous Reports and Items
11 - City Manager Verbal Reports
City Manager William Horne stated there is a lot of corporate support for Pinellas Hope
that is not provided for North Pinellas County.
12 - Other Council Action
Councilmembers reported on events in which they recently participated, reviewed
upcoming events and wished all a happy holidays.
Mavor Hibbard stated the MPO Citizen Advisory Committee vacancy needs to be filled
and suggested Citizen Academy graduates be contacted.
Mavor Hibbard thanked staff and fellow councilmembers for their efforts and dedication.
13 - Adjourn
The meeting adjourned at 8:42 p.m.
~~~
Mayor '
City of Clearwater
Attest:
Council 2008-12-18
14
Exhibit 1
MOTION TO AMEND ORDINANCE N0.7993-08 ON SECOND READING
Amend Exhibit A to Ordinance No. 7993-08 on second reading, as
described in the attachment hereto.
Pamela K. Akin
City Attorney
December 18, 2008
Motion to Amend Ordinance 7993-08
-1-
Exhibit 1
ON PAGE A -1, AMEND EXHIBIT A OF THE ORDINANCE AS FOLLOWS:
The introduction paragraph of the Future Land Use Element is amended as follows:
A. FUTURE LAND USE ELEMENT
INTRODUCTION
The purpose and intent of the Future Land Use Element is to provide a framework for
land use and zoning decisions. It establishes the allowable use, intensity and density of
land and provides for consistency between land use classifications and zoning atlas
districts. Additionally, this element provides for a citywide design structure consisting of
a hierarchy of places and the linkages between them to guide future development.
Since Clearwater is effectively built-out, the element provides for sustainable
redevelopment and infill development, as well as neighborhood preservation. Goals,
objectives and policies are designed to preserve and enhance community character
and quality of life, while ensuring the continued economic vitality of the community. The
City of Clearwater's planning horizon for the Comprehensive Plan is 2018.
ON PAGE A - 2, AMEND EXHIBIT A OF THE ORDINANCE AS FOLLOWS:
The twelfth bullet of the Future Land Use Needs Summary is amended as follows:
• Clearwater has a current population of approximately 110,831 people. Seasonal
residents add about 10,110 people during the winter months. The permanent
population is projected to increase to 120,028 by the year 2018 ?.
ON PAGE A - 2, AMEND EXHIBIT A OF THE ORDINANCE AS FOLLOWS:
The Future Land Use Needs Summary is amended with the addition of a fifteenth bullet
as follows:
• The planning horizon for the City's Comprehensive Plan is 2018. This is a 10-year
plan as per Chapter 163, F.S. and 9J-5.005(4), F.A.C., following adoption of City
Ordinance Number 7993-08 on December 18, 2008.
ON PAGE A - 14, AMEND EXHIBIT A OF THE ORDINANCE AS
FOLLOWS:
PolicyA.2.2.7 of the Future Land Use Element is amended as follows:
Motion to Amend Ordinance 7993-08
-2-
Exhibit 1
A.2.2.7 The City will provide density bonuses for affordable housing
developments that demonstrate that a minimum of 15% of the total
units are reserved as affordable housing units. Such bonuses shall
not exceed 50% of the density permitted by the Future Land Use
Map and shall not include properties located in the Coastal Storm
Area. The density bonus shall be established by ordinance in the
Community Development Code. Th„-,?v;f" `^,i?? nrn"i?o rloneif?i
hnni ieoe rlo??olnr?ore of ?ffnrrl?hlo hni i?inrv ?nrl/nr mivorl_inr+nmo
rlo??olnnmont? h?eorl nn ror+nmmonrl? ' n? oet?hliehorl in t??-Qit`r'?
Lnr+?l I-Ini ieinrv ??eiet?n?+o Dl?n ?nrl imnlomont???rn??T???it?J
(`nmmi init?i ?lo?iolnr?mont (`nrlo
ON PAGE A - 14, AMEND EXHIBIT A OF THE ORDINANCE AS
FOLLOWS:
The Future Land Use Element is amended by the addition of new policyA.2.2.8 as
follows:
A.2.2.8 All land use cateaories on the Future Land Use Maa shall be
consistent with the density and intensity standards and other
standards contained in the Pinellas Planning Council Countywide
Plan Rules, including criteria and standards for nomenclature,
continuum of plan classifications and categories, use and locational
characteristics, map delineation, other standards, and special rules.
ON PAGE A - 15, AMEND EXHIBIT A OF THE ORDINANCE AS
FOLLOWS:
Objective A.4.1 of the Future Land Use Element is amended as follows:
A.4.1 Objective -The City shall examine and upgrade the Concurrency
Management and information system as appropriate for granting
development permits. This system shall continue to consider the current,
interim, and ultimately desired Levels of Service for ro- fry
^?????????^n, transit, water, sewer, garbage collection, public school
facilities, and drainage systems and shall provide data on sub-sectors of
the City in which service deficiencies exist or in which services are
adequate to serve existing and planned new development. This level of
service status will be considered and made part of the staff
recommendation at the time of zoning, site plan, or plat approval. The level
of service monitoring system shall be adjusted, at a minimum, annually to
determine adequacy of service capacity.
Motion to Amend Ordinance 7993-08
-3-
Exhibit 1
Should a requested development permit result in approvals which would
burden service systems above adopted levels, permission to proceed with
the development will not be granted until the City has assured that
adequate services will be available concurrent with the impacts of
development.
ON PAGE A-15 AND A -16, AMEND EXHIBIT A OF THE ORDINANCE AS
FOLLOWS:
PolicyA.4.1.1 of the Future Land Use Element is amended as follows:
A.4.1.1 No new development or redevelopment will be permitted which
causes the level of City services (roads, ?ir+ r+ir??ttl?i-i, recreation
and open space, water, sewage treatment, garbage collection, public
school facilities, and drainage) to fall below minimum acceptable
levels. However, development orders may be phased or otherwise
modified consistent with provisions of the concurrency management
system to allow services to be upgraded concurrently with the
impacts of development.
ON PAGE A-16, AMEND EXHIBITA OF THE ORDINANCE AS FOLLOWS:
Policies A.4.1.2 and A.4.1.3 of the Future Land Use Element are amended as
follows:
????° rn?rl linl?e °ni im°r?f°
° Tr?ner?nr
a-i? f? ' n ?I°m°nf ?
rlti
?
fi°r°rl I°??°I of ?°r?iir+° ie °et?hlieh°rl
Th° inifi?l I °?i°I of er?r?iir+° fnr
.
?° ni irnne° n T ei iinry rl°?i°Inr?m°nf r?°rmife e
i r rn? ?° m ° n ? e ? r° r+n m n I ° ? t° n?v?
i-r
aT? ° h?ll h° inr+r°??°rl
°?st??t?{?
-
-
r
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ti r
I tl
I
A.4.1.2
°? The City shall recognize the overriding Constitutional principle that
private property shall not be taken without due process of law and
the payment of just compensation, which principle is restated in
Section 163.3194 (4) (a), Florida Statutes.
ON PAGE A - 23, AMEND EXHIBIT A OF THE ORDINANCE AS
FOLLOWS:
PolicyA.6.1.12 of the Future Land Use Element is amended as follows:
Motion to Amend Ordinance 7993-08
-4-
Exhibit 1
ON PAGE B -6, AMEND EXHIBITAOF THE ORDINANCE AS FOLLOWS:
Objective B.1.5 of the Transportation Element is amended as follows:
B.1.5 Objective -All County roadways in Clearwater, except those
identified as backlogged or constrained by the Pinellas County MPO, shall
operate at level C average dailylD peak hour.
ON PAGE B -7, AMEND EXHIBITAOF THE ORDINANCE AS FOLLOWS:
Policy B.1.5.5 of the Transportation Element is amended as follows:
B.1.5.5 The City shall continue to participate with the MPO and/or its
Technical Coordinating Committee (TCC) to ensure that the level of
service standard for US Highway 19, a Strategic Intermodal System
ISIS) facility is e consistent with FDOT's LOS designation of D
for this road.
ON PAGE B -10, AMEND EXHIBIT A OF THE ORDINANCE AS FOLLOWS:
Objective B.2.3 of the Transportation Element is amended by the addition of the
following:
• US Highway 19 From: N of Whitney Rd. to S of Seville Blvd. State
Summary: Reconstruct US 19 wlFrontage Rd., Belleair Interchange
• US Highway 19 From: S of Seville Blvd. To N of SR 60 State
Summary: Reconstruct US 19 wlFrontage Rd., Seville Interchange
ON PAGE C -3, AMEND EXHIBITAOF THE ORDINANCEAS FOLLOWS:
Policy C.1.1.8 of the Housing Element is amended as follows:
C.1.1.8 The City may permit one accessory dwelling units ep r lot
wherever they such units can be accommodated by adequate lot
area, and provided that they meet strict compliance standards such
as building restrictions, visual buffering, parking and other
requirements to be developed for inclusion in the Community
Development Code.
Motion to Amend Ordinance 7993-08
-5-
Exhibit 1
ON PAGE C -10, AMEND EXHIBIT A OF THE ORDINANCE AS FOLLOWS:
Policy C.1.9.1 of the Housing Element is amended as follows:
C.1.9.1 The City will provide density bonuses for affordable housing
developments that demonstrate that a minimum of 15% of the total
units are reserved as affordable housing units. Such bonuses shall
not exceed 50% of the density permitted by the Future Land Use
Map and shall not include properties located in the Coastal Storm
Area. The density bonus shall be established by ordinance in the
Community Development Code. D°rmit rl°n?it?i in?+r°?e°e fnr
rl°??°Innm°nt r?rni°r+te inr+nrr?nr?tinrr ?ffnrrl?hl° hni ieinrr i mite
ON PAGE C -10, AMEND EXHIBIT A OF THE ORDINANCE AS FOLLOWS:
Policies C.1.9.4 and C.1.9.5 of the Housing Element are amended as follows:
ON PAGE C -10, AMEND EXHIBIT A OF THE ORDINANCE AS FOLLOWS:
Policy C.1.10.1 of the Housing Element is amended as follows:
C.1.10.1 ('nneirl°r nrn?iirlinrv ?I°nei+?? hnni ie°e fnr Encoura a affordable
housing projects that are constructed consistent with US Green
Building Council's (USGBC} Leadership in Energy and
Environmental Design BLEED) principles or the Florida Green
Building Coalition's ?FGBC) Green Land Development and Building
Standards.
ON PAGE D -1, AMEND EXHIBITAOF THE ORDINANCE AS FOLLOWS:
The second, third and fourth bullets of the Utilities Needs Summary for Sanitary Sewer
are amended as follows:
• The minimum level of service standard is an average of 127 . allons per person per
da GPCD , Th° AA?reh?ll Ctr?? r+ilit?? r?rn??irl°? ?°r?iir+° ?t?? n°
hi inrlr°rl ?nrl i°nt?i_fni it ?17/I? rr?llnn? n°r r+?ni? ?
Motion to Amend Ordinance 7993-08
-6-
Exhibit 1
ON PAGE E - 3, AMEND EXHIBIT A OF THE ORDINANCE AS FOLLOWS:
Objective E.1.2 of the Coastal Management Element is amended as follows:
E.1.2 Objective -The coastal storm area shall be the area delineated in Map E_1
of the Coastal Management Element, which encompasses all of the
following:
(1) the Coastal High Hazard Area (CHHA), which shall be defined by
the Sea, Lake and Overland Surges from Hurricanes (SLOSH)
model to be inundated from a category one hurricane, as reflected
in the most recent Regional Evacuation Study, Storm Tide Atlas,
(2) all land connected to the mainland of Clearwater by bridges or
causeways
(3) those isolated areas that are defined by the SLOSH model to be
inundated by a category two hurricane or above and that are
surrounded by the CHHA or by the CHHA and a body of water, and
(4) all land located within the Velocity Zone as designated by the
Federal Emergency Management Agency.
The City shall direct permanent population concentrations away from the
coastal storm area consistent with the goals, objectives and policies of the
Clearwater Comprehensive Plan.
ON PAGES E - 3 AND E - 4, AMEND EXHIBIT A OF THE ORDINANCE AS
FOLLOWS:
Policy E.1.2.1 of the Coastal Management Element is amended as follows:
E.1.2.1 If 20% or more of a parcel of land is located within the coastal
storm area, then the entire parcel shall be considered within the
coastal storm area, with the exception of specific parcels located
Motion to Amend Ordinance 7993-08
-7-
Exhibit 1
on the bluffs of Clearwater Harbor that the City has identified in
Map E-1 of the Comprehensive Plan. However, if either a
parcel of land or a group of parcels that are part of a master
development plan is equal to or greater than 5 acres and less than
50% of the parcel or group of parcels is within the coastal storm
area, the property owner may elect to provide a survey of the
parcel or parcels to determine the exact location of the coastal
storm area.
ON PAGES E - 9 AND E-10, AMEND EXHIBIT A OF THE ORDINANCE AS
FOLLOWS:
Policy E.3.1.4 of the Coastal Management Element is amended as follows:
E.3.1.4 Ensure that construction of necessary infrastructure improvements in
the coastal storm area are phased to coincide with the demands
generated by development or redevelopment in support of the
?e?ese? densities permitted by the City's adopted e#?e Future
Land Use ?'?r Plan Map.
The Coastal Management Element is amended by the addition of new Policy E.3.1.5 as
follows:
E.3.1.5 The City's public expenditures in the CHHA, when available, will
include program improvements that will restore and enhance
natural resources.
ON PAGE E -13, AMEND EXHIBIT A OF THE ORDINANCE AS FOLLOWS:
Policy E.4.1.9 of the Coastal Management Element is amended as follows:
E.4.1.9 Prepare by 2012, a post disaster redevelopment plans in an effort to
reduce or eliminate the exposure of human life and public and
private property to natural disasters.
ON PAGE H -4, AMEND EXHIBITAOF THE ORDINANCEAS FOLLOWS:
Policy H.1.1.11 of the Intergovernmental Coordination Element is amended as follows:
H.1.1.11 The City shall establish specific policies to provide for enhanced
hurricane and disaster management coordination between the City,
Pinellas County, Pinellas County School Board, other cities, the
Tampa Bay Regional Planning Council, and the State of Florida with
particular emphasis on public outreach and education.
Motion to Amend Ordinance 7993-08
-8-
Exhibit 1
ON PAGE I - 5, AMEND EXHIBIT A OF THE ORDINANCE AS FOLLOWS:
Policy 1.1.1.8 of the Capital Improvements Element is amended as follows:
Policy 1.1.1.8 The City shall, in cooperation with Pinellas County as approved by
the voters in March 1997, and extended in March 2007, maintain a
Local Government Infrastructure Surtax (LGIS) for the purpose of
supplementing current revenue sources in order to fund the capital
improvements called for in this Plan.
ON PAGE I -7, AMEND EXHIBITAOF THE ORDINANCEAS FOLLOWS:
Policy 1.1.3.2 of the Capital Improvements Element is amended as follows:
1.1.3.2 The City shall determine, prior to the issuance of development
orders, whether sufficient capacity of essential public facilities to
meet the minimum standards for levels of service for the existing
population and a proposed development will be available
concurrent with the impacts of the proposed development. The
applicable water supplier shall be consulted prior to the issuance of
a building_permit to ensure potable water will be available prior to
the issuance of a certificate of occupancy.
ON PAGE I -8, AMEND EXHIBITAOF THE ORDINANCEAS FOLLOWS:
Policy 1.1.3.3 Subsection 3 of the Capital Improvements Element is amended as
follows:
1.1.3.3
3. For roads and mass transit, transportation facilities needed
to serve new development shall be in glace or under actual
construction within 3 years after the City approves a building
permit that results in traffic generation. t?° ?'^nr+? irr°r,,,,,
r°rvi iir°m°nf ?niill h° e??iefi°rl by tFi??f°ri? r+nnf?in°rl in
pnliw ?7 '? '? 1 nr pnlir+?i ?7 '? '? 7 nr if in ?r°?e in ?n?hi ?h. ??
. ,
('i??i hie r+nmmi??{.p? ? r+°ee?r?i hi ihlir+ f?r?t?
i??r+nrrl?nr?° ?n?i? tFi?sC ?Tf'?ir?rn?i°m°nf??
t?? ' n of ?° rn?rl nr m?ee nei? f???fi°?J
JC fn r+nmm°nr+° in of h°fnr° ???irrl ??°?r of ??
J?h°rli.I° nrn?iirl° tFi-'artFi° n°r+°e??r?i r?i ihlir+ f??? '
????il?hl° nrl^???mr»r+t of ?° rl°?i°Inr?m°nt,
ON PAGE I -9, AMEND EXHIBITAOF THE ORDINANCEAS FOLLOWS:
Motion to Amend Ordinance 7993-08
-9-
Exhibit 1
Policy 1.1.3.5.3 (c) iii of the Capital Improvements Element is amended as follows:
iii. amend this Comprehensive Plan to modify the
adopted standard for the level of service so as to
reduce the required facility to equal the applicant's
needs, excluding Strategic Intermodal System (SIS),
Federal Intrastate Hi.. hc?way System (FIRS, , and
Transportation Regional Impact Project (TRIP
funded state roads.
ON PAGE I -9, AMEND EXHIBITAOF THE ORDINANCEAS FOLLOWS:
Policy 1.1.3.7 of the Capital Improvements Element is amended as follows:
1.1.3.7 Standards for the minimum level of service to be provided by
essential public facilities within the jurisdiction of the City of
Clearwater are established in the applicable element and outlined
in the following Table: Summary of Level of Service Standards.
Table: Summary of Level of Service Standards
Facilities Element LOS Standard
Transportation Transportation LOS C daily and LOS D pm peak for all roads in the
C
Sanitary Sewer Utilities Average of 127gallons per person per day (GPCD)
Solid Waste Utilities Average Solid Waste Generator Rate of 7.12 pounds
per capita per day
Stormwater Utilities Desi n storm:
10 -year storm frequency for all new street
development using the rational design method
25 -year frequency with positive outfall for major
storm systems with basin time of intensities controlling
the duration.*
50-yearstorm frequencywhen no outfall and
dis?ge is to street right-of-way.*
100-yearstorm frequencywhen no outfall and
dis?ge is across private property.*
* Design standards for stormwater quality
treatment/storag quantity shall conform to the current
SWFWMD requirement [Presently being the SCS Unit
Hydrograph design method, usin_
the desi_
n storm
,
.
frequency and atwenty-four (24) hour duration for
Motion to Amend Ordinance 7993-08
-10-
Exhibit 1
sites ten (10) acres or more, and the rational design
method for sites under ten 10 acres .
Potable Water
and Natural Utilities Average Water Consumption Rate
120 gallons per capita per day at a pressure of 40-45
Ground Water
Aquifer
Recharge pSj•*
*Continue to maintain water consumption of one
hundred twenty (120) GPCPD or less as per the
conditions set forth b Clearwater's Water Use Permit.
Hurricane Coastal 16 hours (out of county for a category 5-storm event
evacuation Mana ement as measured on the Saffir-Simpson scale)
Parks Recreation and 4 acres of parkland per one thousand (1,000) persons
O en S ace for Cit idea lication
Schools Public School
Facilities District-wide Level-of-Service Standard: Student
enrollment plus vested students divided by Florida
Inventory of School Houses (FISH) School Capacity
plus additional capacity does not exceed 100 percent.
This level-of-service standard shall apply to each type
of ublic school facilit
ON PAGE I -11, AMEND EXHIBITAOF THE ORDINANCEAS FOLLOWS:
Policy 1.1.7.1 of the Capital Improvements Element is amended as follows:
1.1.7.1 The City shall utilize the following level-of-service standard for
public school facilities, which shall be applied consistently district-
wide by the School District and by the local governments within
Pinellas County that signed the Public Schools Interlocal
Agreement (the partner local governments).
District-wide level-of-service standard: Student enrollment plus
vested students divided by Florida Inventory of School Houses
(FISH) School Capacity plus additional capacity does not exceed
100 percent. This level-of-service standard shall apply to each type
of public school facility.
Motion to Amend Ordinance 7993-08
-11-
Exhibit 1
ON PAGE J -3, AMEND EXHIBITAOF THE ORDINANCEAS FOLLOWS:
Policy J.1.2.1 of the Public School Facilities Element is amended as follows:
J.1.2.1 The City hereby adopts, consistent with Section 11 of the Public
Schools Interlocal Agreement, the following level-of-service
standard, which shall be applied consistently district-wide by all
partner local governments within Pinellas County and by the School
District.
District-wide level-of-service standard: Student enrollment plus
vested students divided by Florida Invento?v of School Houses
(FISH) School Capacity plus additional capacity does not exceed
100 percent. This level-of-service standard shall apply to each type
of public school facility.
ON THE FUTURE LAND USE ELEMENT MAP #: A-3, AMEND EXHIBIT A OF
THE ORDINANCE AS FOLLOWS:
The title block for the Future Land Use Element Map #: A-3 is amended as follows:
Future Land Use: 2018
ON THE TRANSPORTATION ELEMENT MAP #: B-1, AMEND EXHIBIT A OF
THE ORDINANCE AS FOLLOWS:
The title block for the Transportation Element Map #: B-1 is amended as follows:
Road Network: €g
Existing Level of Service
(Major Road Network)
ON THE TRANSPORTATION ELEMENT MAP #: B-2, AMEND EXHIBIT A OF
THE ORDINANCE AS FOLLOWS:
The title block for the Transportation Element Map #: B-2 is amended as follows:
Motion to Amend Ordinance 7993-08
-12-
Exhibit 1
Road Network: 2018 ??
Level of Service
(Major Road Network)
ON THE TRANSPORTATION ELEMENT MAP #: B-3, AMEND EXHIBIT A OF
THE ORDINANCE AS FOLLOWS:
The title block for the Transportation Element Map #: B-3 is amended as follows:
Lane Arrangement
?nnR _ ?n?R
ON THE TRANSPORTATION ELEMENT MAP #: B-4, AMEND EXHIBIT A OF
THE ORDINANCE AS FOLLOWS:
The title block for the Transportation Element Map #: B-4 is amended as follows:
Road Network:
€?g-Jurisdictional Classification
2008 -2018 ??^c??f?^?+?^n
ON THE TRANSPORTATION ELEMENT MAP #: B-5, AMEND EXHIBIT A OF
THE ORDINANCE AS FOLLOWS:
The title block for the Transportation Element Map #: B-5 is amended as follows:
Road Network: €g
Existing
Functional Classification
ON THE TRANSPORTATION ELEMENT MAP #: B-6, AMEND EXHIBIT A OF
THE ORDINANCE AS FOLLOWS:
The title block for the Transportation Element Map #: B-6 is amended as follows:
Road Network: ?
2018
Functional Classification
ON THE TRANSPORTATION ELEMENT MAP #: B-7, AMEND EXHIBIT A OF
THE ORDINANCE AS FOLLOWS:
The title block for the Transportation Element Map #: B-7 is amended as follows:
Motion to Amend Ordinance 7993-08
-13-
Exhibit 1
MajorTrip Attractors
and Generators
?nnR _ ?n?R
ON THE TRANSPORTATION ELEMENT MAP #: B-8, AMEND EXHIBIT A OF
THE ORDINANCE AS FOLLOWS:
The title block for the Transportation Element Map #: B-8 is amended as follows:
Bike and Pedestrian
Routes
?nn? - ?n?R
The Transportation Element Map #: B-8 is amended with changes to the Legend key
and the map drawing to clarify and differentiate between the existing and proposed
routes, including the addition of the Memorial Causeway/Druid Road Trail and the
Progress Energy Trail.
ON THE TRANSPORTATION ELEMENT MAP #: B-9, AMEND EXHIBIT A OF
THE ORDINANCE AS FOLLOWS:
The title block for the Transportation Element Map #: B-9 is amended as follows:
Public Transit
Routes 2008 - 2018
ON THE TRANSPORTATION ELEMENT MAP #: B-10, AMEND EXHIBIT A OF
THE ORDINANCE AS FOLLOWS:
The title block for the Transportation Element Map #: B-10 is amended as follows:
Airpark Land Use
?nnR - ?n?R
ON THE TRANSPORTATION ELEMENT MAP #: B-11, AMEND EXHIBIT A OF
THE ORDINANCE AS FOLLOWS:
The title block for the Transportation Element Map #: B-11 is amended as follows:
Airpark Plan
?nnR _ ?n?R
Motion to Amend Ordinance 7993-08
-14-
Exhibit 1
ON THE TRANSPORTATION ELEMENT MAP #: B-12, AMEND EXHIBIT A OF
THE ORDINANCE AS FOLLOWS:
The title block for the Transportation Element Map #: B-12 is amended as follows:
Airpark Noise Contours
?(l(lR - ?(l 1 R
ON THE COASTAL MANAGEMENT ELEMENT MAP #: E-1, AMEND EXHIBIT
A OF THE ORDINANCE AS FOLLOWS:
The Legend in the title block for the Coastal Management Element Map #: E-1 has
been amended for clarity, with no changes to the map.
ON PAGE D -16, AMEND EXHIBIT A OF THE ORDINANCE AS FOLLOWS:
Objective D.5.1 of the Utilities Element is amended as follows:
D.5.1 Objective - To maintain adequate Levels of Service for existing and future
populations through the year 2_?.
Motion to Amend Ordinance 7993-08
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Exhibit 1
ON PAGE D-16, AMEND EXHIBIT A OF THE ORDINANCE AS FOLLOWS:
Policy D.5.2.1 of the Utilities Element is amended as follows:
D.5.2.1 Ensure that land development regulations, building codes and City
ordinances adequately address water system provisions by performing a
thorough evaluation of City codes and by coordinating proposed
provisions with the Southwest Florida Water Management District,
Tampa Bay Waters Pinellas County and the Florida Department of
Environmental Protection.
ON PAGE D-17, AMEND EXHIBIT A OF THE ORDINANCE AS FOLLOWS:
Policy D.5.2.6 of the Utilities Element is amended as follows:
D.5.2.6 The City shall continue to participate with and assist Tampa Bay Water,
the Southwest Florida Water Management District, Pinellas County
Health Department, and the U.S. Environmental Protection Agency in
developing innovative techniques to augment existing water supplies to
provide forfuture needs.
ON PAGE D-17, AMEND EXHIBIT A OF THE ORDINANCE AS FOLLOWS:
Policy D.5.2.7 of the Utilities Element is amended as follows:
D.5.2.7 Continue to identify, acquire, and develop sources of water supply and
methods of water treatment to meet existing and future needs. Some
ways this can be accomplished are through well rehabilitation projects
and/or exploration and drilling of new wells. Some type of water
treatment may be initiated. Additional volumes of water may be acquired
from the Pinellas County Water System through Clearwater's
intergovernmental water service agreement. The City's long range
Water Master Plan updated in 2008 ??? °? ?n ?nn?_shall serve as
the guiding document for watersupply and treatment methods.
ON PAGE D-17, AMEND EXHIBIT A OF THE ORDINANCE AS FOLLOWS:
Policy D.5.2.8 of the Utilities Element is amended as follows:
D.5.2.8 Ensure that water management projects are designed and operated to
maintain and enhance natural systems as well as man made systems by
Motion to Amend Ordinance 7993-08
-16-
Exhibit 1
working closely with the Southwest Florida Water Management District
when proposing new projects and water management programs. The
City's long range Wafer Masfer Plan?or c??r,r,i„ nA'etor Qi?n
??? o? ir, ?nn? outlines a work plan for continued coordination with
the Southwest Florida Water Management District's Regional Water
Supply Plan adopted in December 2006.
ON PAGE D-1l, AMEND EXHIBIT A OF THE ORDINANCE AS FOLLOWS:
The Utilities Element is amended by the addition of new policy D.5.2.11 as follows:
D.5.2.11 Encourage the development of local and regional water supplies within
the jurisdiction of the Southwest Florida Water Management District to
avoid transporting surface water across other district boundaries.
ON PAGE D-18, AMEND EXHIBIT A OF THE ORDINANCE AS FOLLOWS:
The Utilities Element is amended by the addition of new policy D.5.4.6 as follows:
D.5.4.6 Encourage partnerships among federal, state, local governments, and
the private sector that would identify and build needed potable water
facilities and allocate such facilities costs among the partners in
proportion to the benefits accruing to each of them.
ON PAGE D-18, AMEND EXHIBIT A OF THE ORDINANCE AS FOLLOWS:
Objective D.5.5 of the Utilities Element is amended as follows:
D.5.5 Objective -Continue to develop a potable water system that is
compatible with the environment and seeks to conserve and protect
sensitive natural resources.
ON PAGE D-19, AMEND EXHIBIT A OF THE ORDINANCE AS FOLLOWS:
Policy D.5.5.2 of the Utilities Element is amended as follows:
D.5.5.2 The City's building code shall ho mnrlifiorl to include the requirement for
water conserving fixtures in newly constructed or remodeled buildings.
Motion to Amend Ordinance 7993-08
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Exhibit 1
ON PAGE D-19, AMEND EXHIBIT A OF THE ORDINANCE AS FOLLOWS:
Policy D.5.5.5 of the Utilities Element is amended as follows:
D.5.5.5 The City ^f ri°?^^???e? shall maintain its current Water Restriction Ordinance.
ON PAGE D-19, AMEND EXHIBIT A OF THE ORDINANCE AS FOLLOWS:
Policy D.5.5.7 of the Utilities Element is amended as follows:
D.5.5.7 Reclaimed water service will continue to be extended to private residences
based on the Twenty (20) Year Reclaimed Water Master Plan ?°^?'??,o„? ini?for
Ar?J?or Dhn I?a_G?i?l?r ? n' Ilono?ma??
ON PAGE D-19, AMEND EXHIBIT A OF THE ORDINANCE AS FOLLOWS:
The Utilities Element is amended by the addition of new policies D.5.5.9 and D.5.5.10
as follows:
D.5.5.9 The City will continue to develop strategies aimed at reducingpotable
water consumption by means such as water conservation rates,
conservation codes, operational measures, rebate and plumbing retrofit
p?grams, landscape and irrigation efficiency?grams, research and
evaluation, and re-use alternatives.
D.5.5.10 The City will expand, in coordination with other stakeholders,
educational programs to promote water conservation measures.
ON PAGE D-19, AMEND EXHIBIT A OF THE ORDINANCE AS FOLLOWS:
The Utilities Element is amended by the addition of new policy D.5.6.6 as follows:
D.5.6.6 The City will maintain a Water Supply Facilities Work Plan that is
consistent with the Southwest Florida Water Management District's
Water Supply Plan by updating the work Plan within 18 months of an
update to the District's Regional Supply Plan that affects the City.
ON PAGE D- 20, AMEND EXHIBIT A OF THE ORDINANCE AS FOLLOWS:
Motion to Amend Ordinance 7993-08
-18-
Exhibit 1
Policy D.5.7.2 of the Utilities Element is amended as follows:
D.5.7.2 The City shall include incentives in the Community
Development Code for the protection of natural groundwater aquifer
recharge areas as identified in the Conservation Element of the
Clearwater Comprehensive Plan.
ON PAGE D- 20, AMEND EXHIBIT A OF THE ORDINANCE AS FOLLOWS:
Policy D.5.7.3 of the Utilities Element is amended as follows:
D.5.7.3 The City shall continue to protect groundwater quality by
enforcing the Wellhead Protection Ordinance within the area specified on
Map D-2. Guidelines and criteria for protection of potable waterwellfields
include:
1. Issuance of a Permit
al A wellhead protection permit shall be obtained from
the en ineerinq director for any new business,
commercial, industrial or other nonresidential activity
on property within the city if any portion of the subject
property is within 1,000 feet of a potable water well.
New residential construction on property located
within the city should also obtain a permit if any
portion of the subject property is within 100 feet of
potable water well.
2. Permit Requirements:
al Activities within a 1.000-foot radial distance around a
potable water supply well shall conform to the
requirements of Chapter 62-521, F.A.C., Wellhead
Protection.
b) Activities defined as potentially high risk to qr
water quality in Chapter 62-555.312, F.A.C. shall not
be permitted within 100 feet of an existina potable
watersupplvwell.
cl Activities defined as a moderate risk to around water
quality in Chapter 62-555.312, F.A.C. shall not be
permitted within 50 feet of an existing potable water
supply well.
(d, If any contaminating material is proposed to be used
or stored for any business, commercial, industrial or
Motion to Amend Ordinance 7993-08
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Exhibit 1
other nonresidential use within 1,000 feet of a potable
water supply well, aprotection-containment plan shall
be submitted. If any contaminating material is
proposed to be used or stored for residential use
within 100 feet of a potable water supply well, a
protection-containment plan shall be submitted.
(e) A wellhead protection permit application shall at a
minimum include a location map of the potable water
well and 1,000 feet surroundin_ the well, plans for the
proposed development or expansionlchan..e of an
existing use cif applicable), the location and
identification of existing uses in a 1,000-foot zone for
a commercial use application or a 100-foot zone for a
residential use application, a listing of any
contaminating material to be used or stored on the
site and aprotection-containment plan if necessary.
3. Permit Review
(a) In reviewing aprotection-containment plan submitted
by an applicant for a wellhead protection permit, the
following factors shall be considered when
determining the sufficiency of the plan:
11 The amount. character and intended use of the
contaminating material involved;
(2) Storage, conveyance and handling techniques
to be employed by the applicant;
(3) The extent of any propensity to spill, break,
lose or discharge contaminatin_ material;
(4, The type of containment devices to be
em to ed
(5) The extent of employee safety training
practices; and
(6) Any other consideration appropriate to the
protection of the wellhead.
bl No wellhead arotection permit shall be issued unless
the protection-containment plan and permit
application fully addresses all contamination and
safety matters to the satisfaction of the en_. ineerinq
director. A wellhead protection permit may be issued
Motion to Amend Ordinance 7993-08
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Exhibit 1
subject to conditions related to the protection of the
public potable water supply.
FOLLOWING UTILITIES ELEMENT MAP #: D-1, AMEND EXHIBIT A OF THE
ORDINANCE AS FOLLOWS:
The Utilities Element is amended by the addition of Potable Water Wells and Wellhead
Protection Zones, Map #: D-2.
ON PAGES I -1 and I - 2, AMEND EXHIBIT A OF THE ORDINANCE AS
FOLLOWS:
The second, third, fourth and fifth bulleted items under the Capital Improvements
Element Needs Summary are amended as follows:
• The City's Streets and Sidewalks Program is currently budgeted for 15.472 $?6
million on the six-year CIP schedule with a funding source of road millage.
• The City proposes a total of 48.44 $C?4 million of improvements within the City's
Stormwater Infrastructure Program over the six-year CIP period. The funding sources
for this project are the Stormwater Fund and a future bond issue.
• The 1.552 $?? million Commercial Container Acquisition CIP project is planned
through Solid Waste funds.
• The $21.066 million Reclaimed Water Distribution System CIP project is being
funded through: ?1.'? millinn frnm 1nl?for ?i inrle? $863,400 from FY '09 Bond Issue
?Q/I millinn frnm ?V'nQ Rnnrl Ic±e?? 13.841 million from future bond
issue, $4.833 from Sewer Revenue, and 1.529 $4.?? million from Utility Renewal
and Replacement.
ON PAGE I - 3, AMEND EXHIBIT A OF THE ORDINANCE AS FOLLOWS:
Policy 1.1.1.2 of the Capital Improvements Element is amended as follows:
Motion to Amend Ordinance 7993-08
-21 -
Exhibit 1
Policy 1.1.1.2 The City shall be permitted to amend the Schedule of Capital
Improvements two times durin?y calendar year and as allowed for
emergencies, developments of re_ Tonal impact and certain small-scale
development activities pursuant to Florida Statutes 163.3187. The schedule of
capital improvements included in the Clearwater FY2008/09 Capital
Improvement Program Budget is incorporated as Schedule I-A of this Capital
Improvements Element. ?mcnrlmonfe f????+?? Imnrn??omonfe ?lomon+
JChorli ilo m??i nr+r+i it nnr+o ? ?io?r ?nrl m??? ho nrnr+oe?orl eor»r?toh? from ??
,?? ' n of ???it?i'e ?nni i?I nnor?tinrv ?nrl r+?nit?l hi irlrvot.
ON PAGE I -12, AMEND EXHIBIT A OF THE ORDINANCE AS FOLLOWS:
Policy 1.1.7.6 of the Capital Improvements Element is amended as follows:
1.1.7.6 The City hereby adopts by reference the School District's Five-Year Work
Program for FY 2008/09 through 2012/13 ?v ?nn?mQ ?rn?9.h ?n? ? ?? ??
as adopted by the School Board on September 9, 2008
On PAGE I -12, AMEND EXHIBIT A OF THE ORDINANCE AS FOLLOWS:
The Capital Improvements Element is amended by the addition of new Schedule I-A.
Pamela K. Akin
City Attorney
December 18, 2008
Motion to Amend Ordinance 7993-08
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