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12/15/2008
WORK SESSION AGENDA Council Chambers - City Hall 12/15/2008 - 1:00 PM 1. Presentations 1.1 Service Awards LB Attachments 2. Economic Development and Housing 2.1 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 LB Attachments 2.2 Approve the City of Clearwater FY 2007-2008 Consolidated Annual Performance and Evaluation Report (CAPER). 1B Attachments 3. Fire Department 3.1 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) ID Attachments 4. Gas System 4.1 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 US 19 to East Lake Road, at an estimated cost of $434,000 and adopt Resolution 08-27. IB Attachments 5. Police 5.1 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) 12 Attachments 5.2 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) 1B Attachments 6. Engineering 6.1 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, in consideration of receipt of $1.00 and the benefits to be derived therefrom. (consent) 10 Attachments 6.2 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. 10 Attachments 6.3 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 1/4 of Section 19, Township 27 South, Range 17 East, Hillsborough County, Florida; declare same as surplus for the purpose of granting an option to extend said Lease for one additional term of five (5) years, and consent to the Assignment, Assumption and Modification Agreement integral therewith by and between Silver Dollar Trap Club, Inc., Silver Dollar Shooters Resort, L. L. C. and NHC-FL8, L. P., and authorize the appropriate officials to execute same. 10 Attachments 6.4 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 1st and 2nd addition to Clearwater Harbor, Florida, given in consideration of receipt of $1.00 and the benefits to be derived therefrom. (consent) 1B Attachments 7. Planning 7.1 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, and Pass Ordinance 7999-08 on first reading. 10 Attachments 7.2 Approve amendments, relating to community policing and performing arts theatre, to the Clearwater Downtown Redevelopment Plan and pass Ordinance 8014-09 on first reading. IB Attachments 7.3 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 Section 7, Township 29 South, Range 16 East); and Pass Ordinances 8019-08, 8020-08 and 8021-08 on first reading. (ANX2008-09016) IB Attachments 7.4 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 No. DVA2008- 00001)and adopt Resolution 08-14. Attachments 8. Legal 8.1 Approve filing third-party actions against designibuild engineer Post, Buckley, Schuh and Jernigan, Inc. (PBSandJ), 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 PBSandJ for alleged wrongful design and/or construction of the Coronado Drive Improvement portion of the Beach by Design project to seek contribution and/or indemnification for the costs of settlement incurred in the case of Tracey v. City. (consent) 10 Attachments 8.2 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. 10 Attachments 8.3 Authorize instituting a civil action against Crimone Development Corporation to recover $1,817.23 for damage to City property. (consent) LB Attachments 8.4 Authorize instituting a civil action against Davis Construction Co. of Pinellas County to recover $1,665.62 for damage to City property. (consent) 10 Attachments 8.5 Authorize instituting a civil action against Environmental Crossings, Inc., ro recover $9,696.27 for damage to City property. (consent) ID Attachments 9. City Manager Verbal Reports 9.1 City Manager Verbal Reports 10 Attachments 10. Other Council Action 10.1 Other Council Action 1B Attachments 11. Adjourn 12. Presentation(s) for Council Meeting 12.1 Home of the Quarter, Business of the Quarter, and Neighborhood of the Quarter 1B Attachments 12.2 Human Rights Week Proclamation - Lawrence Jaffe, Stazja McFadyen, and Shelley Jaffe ID Attachments 12.3 National Homeless Persons Memorial Day Proclamation - received by Sara Snyder ID Attachments Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Service Awards SUMMARY: 5 Years of Service Lonnie Baker, Jr. Marsha Beall Philip Kirchoffer Vicky Britton Allison Cox Frank McCormick, Jr. 10 Years of Service William Morris Kenneth Schuffert Steven Kotches 15 Years of Service John Coombs Robert Jaeger Patricia Sullivan 20 Years of Service Joanne Hilbert 25 Years of Service William Patterson Charles Williamson Jesse Johnson Salvatore Ventura Michael Salopek Public Services Parks & Recreation Library Police Parks & Recreation Solid Waste Marine Public Utilities Gas Gas Gas Official Records & Legislative Svcs. Police Public Utilities Solid Waste/General Svcs/Bldg. & Maint. Public Utilities Public Utilities Public Utilities Review Approval: 1) Clerk Meeting Date: 12/15/2008 Cover Memo Item # 1 Work Session Council Chambers - City Hall Meeting Date: 12/15/2008 SUBJECT / RECOMMENDATION: 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 SUMMARY: 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 or waiver 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 for very-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. (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 irtg " , 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 dp* 2ision 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 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 for the 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 (LHAP). 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 (LHAP) 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 LHAP 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. Type: Other Current Year Budget?: None Budget Adjustment: None Budget Adjustment Comments: Current Year Cost: 0 Annual Operating Cost: 0 Not to Exceed: Total Cost: 0 For Fiscal Year: to Review Approval: 1) Office of Management and Budget 2) Legal 3) Clerk 4) Assistant City Manager ED 5) Clerk 6) City Manager 7) Clerk Cover Memo Item # 2 Attachment number 1 Page 1 of 38 Citil y 2008 Attachment number 1 Page 2 of 38 W -tw Aff City of Clearwater Economic Development and Housing Department Prepared by With the Assistance of: December 2008 Item # 2 Attachment number 1 Page 3 of 38 12 1.1 The City of Clearwater ............................................................................ 3 1.2 The Affordable Housing Advisory Committee ..........................................3 1.3 Process to develop the Local Housing Incentive Strategy (LHIS) ...............5 1.4 Affordable Housing in Clearwater ...........................................................6 i 2.1 The Value of Affordable Housing ..........................................................10 2.2 Principles for Clearwater's Affordable Housing .....................................1 1 2.3 Vision ...................................................................................................12 2.4 Incentives Plan Recommendations ........................................................1 3 Attachment number 1 Page 4 of 38 13 1®1 The City ® 171, - 0- The City of Clearwater is approximately 21 square miles in size and is located in Pinellas County on the west coast of Florida along the Gulf of Mexico and Tampa Bay. Clearwater is the county seat of Pinellas County and shares boundaries with the municipalities of Largo, Dunedin, Safety Harbor, Belleair Beach and the Town of Belleair. Along with the cities of St. Petersburg and Tampa, Clearwater is one of the most urbanized areas within the Tampa Bay Region. According to estimates of the University of Florida Bureau of Economic and Business Research (BEBR) for 2007, the City of Clearwater has a population of 110,831. Population projections indicate that the City may have 121,352 permanent residents by 2020. 1®2 T® a The City of Clearwater actively participates in the State Housing Initiatives Partnership Program (SHIP) and receives funds to supplement part of the City's affordable housing programs. As a beneficiary of the SHIP Program, the City of Clearwater needs to fulfill the requirements of Florida Statute 420.9076, effective on July l st, 2008. The Statute requires all municipalities to: a) Establish an Affordable Housing Advisory Committee (AHAC) b) Prepare a Local Housing Incentives Strategy (LHIS) to facilitate the provision of affordable /workforce housing c) Amend the Local Housing Assistance Plan to include the recommendations of the LHIS. Chart 1 outlines the schedule established by the Florida Statute to meet these requirements (See Chart 1): Attachment number 1 Page 5 of 38 14 Chart 1 Local Housing Incentive Strategies & Affordable Housing Advisory Committee (AHAC) Timeline Designate staff and select AHAC members Feb. -June JI 2008 Governing Board appoints members to AHAC by resolution Complete draft report schedule and advertise public hearing Oct. - Nov. 2008 Public hearing AHAC approves local housing incentive strategies Submit report to local government governing board 4,? Dec. 31, Ma 2008 Local government adopts amendmentsto Z LHAPto incorporate strategies Submit amended LHAP with proof of board approvalto FHFC -' Feb. 2011 Repeat process in preparation for triennial report I Dates in black are reccomended timeline to meet deadlines. Source: Florida Housing Coalition- Webinar-SNIP- Affordable Housing Advisory Committees, 2008 On dune 19th 2008, the City of Clearwater formed an eleven member AHAC representing those actively engaged in the provision of affordable housing. See Appendix A for the Ordinance 08-15 and the composition of the AHAC. The main duties of the Committee include recommending incentives for the provision of affordable housing based on a review of the City's established policies and procedures, ordinances, and land development regulations. Attachment number 1 Page 6 of 38 15 1® Process to develop the Local Housing Incentive Strategy (L I) The City's Economic Development and Housing Department retained Wade Trim to facilitate the process for the preparation of the Local Housing Incentive Strategy (LHIS) to fulfill the requirements of Florida Statute 420.9076. In order to prepare the LHIS, staff and AHAC members actively participated in the following activities: Review of requirements of Florida Statute 420.9076 • Discussion regarding main issues/barriers affecting the production of affordable housing • Discussion with for-profit and non-profit developers to identify main barriers to the provision of affordable housing • Evaluation with staff and AHAC of the current regulations (comprehensive plan, code, and ordinances) that provide developer incentives for the provision of affordable housing Development of the Local Housing Incentive Strategy Attachment number 1 Page 7 of 38 16 1®4 Affc--4 ' Housing in 171 Housing Affordability Affordability refers to the capacity that all income levels have to access a "decent and adequate" housing unit within the housing market, either for rental or ownership. A measurement of attainable housing is based on an individual not expending more than 30% of their yearly total income on housing expenses. The U.S. Department of Housing and Urban Development (HUD) defines "Cost Burdened" as when a household expends more than the 30% threshold on housing costs. However, for some State programs the burden could be up to 35% depending on the individual capacity. A household that pays more than 50% of its yearly total income for housing costs is considered by HUD to be "Severely Cost Burdened." According to the Shimberg Center for Affordable Housing, in 2005, 32% of the City's households pay more than 30% of their income for housing. By comparison, 29% of households statewide are cost-burdened. A total of 14% of the City's households pay more than 50% of income for housing. The City's Comprehensive Plan defines affordable housing in Policy C.1.2.5: T.1.2.5 -Define Affordable Housing as any residential dwelling unit leased or owned by a household with a household income of one hundred twenty percent (120%) or less of the adjusted area median family income for Pinellas County, Florida, as determined by the U.S. Department of Housing and Urban Development (HUD). The rental rates for leased Workforce Affordable Housing Units shall not exceed the rates published by the Florida Housing Finance Corporation for annual "Maximum Rents by Number of Bedroom Unit" for the Tampa-St. Petersburg-Clearwater Metropolitan Statistical Area (MSA). For non-rental units, the sales price may not exceed ninety percent (90%) of the average area price for the Tampa-St. Petersburg-Clearwater MSA, as established by the annual revenue procedure which provides issuers of qualified mortgage bonds, as defined in Section 143(a) of the internal Revenue Code, and issuers of mortgage credit certificates, as defined in Section 25(c) of the Internal Revenue Code, with the nationwide average purchase price for the residences located in the United States." Attachment number 1 Page 8 of 38 17 Barriers and Incentives According to HUD, a regulatory barrier is "a public regulatory requirement, payment, or process that significantly impedes the development or availability of affordable housing without providing a commensurate health and/or safety benefit."' Understanding barriers is the first step to transform them into incentives for the supply of affordable housing. The AHAC took a comprehensive overview of affordable housing barriers to understand potential relationships of what, from the City's perspective, could be done to incentivize the supply of affordable housing. Chart 2, generally describes the barriers discussed. Chart 2 Affordable Housing Barriers This comprehensive approach helped the AHAC to look beyond the analysis required of Florida Statute 420.9076 and to prioritize recommendations. In that sense, the recommendations of the AHAC targeted areas and barriers within the domain of the City of Clearwater's basic responsibilities: provide policy direction through the City's comprehensive plan; provide incentives through the Community Development Code and facilitate information and the permitting process. I Stowell, C;Shelburne, M. (2004). Responding to HUD's Affordable Communities Initiative: Will It Make a Difference? The Practitioner Planner. American Planning Association. Winter 2004 Attachment number 1 Page 9 of 38 18 Issues in Supplying Affordable Housing Built-out communities, such as Clearwater, have pressures for the provision of affordable housing due to increased land values; the availability of vacant developable land; skyrocketing construction costs due to demand for building material supplies; and labor outpacing supply. In addition, other costs of home acquisition (i.e. property taxes and insurance) create a financial burden The AHAC identified the most significant issues for the provision of affordable housing for the City. The following summarizes the discussion: • Lack of land available to develop attainable housing projects. The decrease of vacant land results in competition for land needed to meet the public facility and infrastructure needs of the community but also for land needed to provide attainable housing. Given the restricted supply of vacant lands, the City and other attainable housing providers are competing with the private sector for these lands which make acquisition difficult and expensive. • Limited funding to invest in production and rehabilitation of attainable housing. Traditional "safety nets," such as Federal and State funding programs, have decreased since the year 2000. Currently, the Housing Division manages approximately $ 2.4 million per year provided through Federal and State programs such as HOME, SHIP and CDBG. • Unclear definition of the permitting process for affordable housing projects. The City has in place an expedited reviewing process for affordable housing development; however the process has been described as "lengthy" by some developers, thus increasing the costs of the housing units. • Land Development Code and Incentives. The City's land development code is very flexible to favor the construction of affordable housing; however, there are still some areas that need better definition and others where parameters need to be established. • Public Perception of Affordable Housing Developments. There is a public perception that affordable housing projects have a negative impact on neighborhoods. If they are not well designed and reflect the neighborhood character, they can contribute to decreasing neighborhood home values and safety. Attachment number 1 Page 10 of 38 19 • Limited information on City's Affordable Housing Incentives and Programs. The City has in place numerous programs and incentives to contribute to the supply of affordable housing; however the information is dispersed and needs to be better organized for the citizens, nonprofit and the private sector. • Maintaining the condition of the City's aging housing stock. Over half of the City's total housing stock is over twenty years old. It is particularly important for the City to help maintaining the health and safety of the existing housing stock as a source of affordable housing. Attachment number 1 Page 11 of 38 1 10 In 2007, the Florida Legislature passed House Bill 1375 requiring cities and counties receiving SHIP funds to appoint an Affordable Housing Advisory Committee (AHAC). In 2008, the City of Clearwater formed an eleven member AHAC representing those actively engaged in the provision of affordable housing. The duties of the committee include recommending incentives for the provision of affordable housing based on a review of the City's established policies and procedures, ordinances, and land development regulations. The AHAC met to develop the City of Clearwater's vision, principles, strategies, and actions for the Local Housing Strategy. The Local Housing Incentives Strategy summarizes the input of the AHAC. .1 The Value c The AHAC held a discussion regarding the value that affordable housing brings to the City's development. The following themes were identified: A) Support a dynamic and competitive economy. There is an intrinsic relationship between a dynamic economy and affordable housing. The existence of affordable housing units is a variable that supports business location thus job creation. The City, which is nearly built-out, has the opportunity to capitalize on its existing urban fabric through urban renewal and infill development. Such investment in the City would have positive impacts on the local economy and increase Clearwater's ability to compete with other cities. B) Improve social well-being and build sense of community. Housing is a fundamental human need. Consideration of social well-being, including long-term housing stability, is imperative for the future of the City. There is a need for improved job opportunities, as well as for a simple, understandable process for achieving housing, especially for those in low to moderate-income households. Education and motivation for home ownership are also important aspects of the City's future. Attachment number 1 Page 12 of 38 1 11 C) Ensure that the City's workforce can live within the City. There is a growing need for affordable "workforce" housing within the community, specifically for police, fire, and other service employees. There is also a need to draw the workforce back into the City to reduce commute distances, to reduce crime, and to restore a sense of pride in the community. . Principles for Cie --'s Aff- ®! u Based on AHAC discussions, the provision of affordable housing in the City of Clearwater should embrace the following principles: 1) Affordable over the long -term Affordable housing is readily available, and reasonably-priced; mortgage rates for affordable housing are structured to allow people to keep their homes over the long-term. Rental rates for affordable housing are fair and reasonable; and the cost of maintaining a home (e.g. fees, maintenance, etc.) is practical. 2) Diverse and provides for a mix of income levels Affordable housing is comprised of diverse housing types and supports a mix of income levels, incorporating rental and ownership opportunities. 3) Sustainable, well-designed and barrier-free Affordable housing uses innovative and sustainable materials and technologies. Its design is aesthetically pleasing and blends into the architectural fabric of the community. Structures are safe, functional and aesthetic. Floor plans are designed for "living" and construction materials, including fixtures, are energy efficient. In addition, housing is handicapped accessible. 4) In character with the surrounding neighborhood Affordable housing is sited in a manner that enhances the existing character of neighborhoods and provides safe open spaces. Public spaces are visible but well- landscaped so as to blend into the context of the neighborhood. Fences or other barriers are architectural and transparent. Attachment number 1 Page 13 of 38 1 12 5) Strategically-located, and pedestrian-oriented with access to mass transit and open spaces. Affordable housing is located near employment centers and civic facilities. Residents enjoy pedestrian-oriented facilities with access to mass transit and open spaces. . Vision In order to develop a vision for affordable housing as part of the Local Housing Incentives Strategy, the AHAC summarized the value of providing affordable housing for the City as well as the principles. The following statement summarizes the Vision of Affordable Housing for the City: The City of Clearwater will encourage the development of a diverse supply of housing that is safe, affordable, sustainable, and well-designed that blends into the character of the City's neighborhoods, which supports a diverse, inclusive community. Attachment number 1 Page 14 of 38 1 13 2.4 Ir ?. IS2 The following provides synopses of the City's current practices regarding affordable housing, including policies, procedures, ordinances, and regulations, and outlines the AHAC's recommendations regarding incentives for the provision of affordable housing. These recommendations were developed after several meetings with AHAC, the city's staff and interested stakeholders from September to November 19th, 2008. The following provides a relationship of these meetings: 08/21 /2008 Meeting with staff of the Economic Development and Housing Department, Planning Department and Wade Trim, Inc. 09/09/2008 Meeting with the AHAC, the staff of the Economic Development and Housing Department and Wade Trim, Inc. 10/06/2008 Focus group with the staff of the Economic Development and Housing Department, affordable housing developers and Wade Trim, Inc. 10/14/2008 Meeting with the AHAC, the staff of the Economic Development and Housing Department and Wade Trim, Inc. 10/28/2008 Meeting with the AHAC, the staff of the Economic Development and Housing Department and Wade Trim, Inc. 1 1 /13/2008 Meeting with staff of the Economic Development and Housing Department and Planning Department. 1 1 /19/2008 Meeting with the AHAC, the staff of the Economic Development and Housing Department and Wade Trim, Inc. On November 19, 2008, the AHAC met to review the products of the process and to finalize its recommendations regarding affordable housing incentives. The following represents the AHAC's final recommendations, inclusive of all changes made during the November 19, 2008 AHAC meeting. z All references made to the Comprehensive Plan (EAR Based Amendments) are drawn from the draft dated 07-30-2008 from http://www.clearwater-fl.com/gov/depts/planning/EAR_amend.asp. Policy numbers may change when the final document is approved by the City Council. Attachment number 1 Page 15 of 38 1 14 Incentive No. 1 The processing of approvals of development orders or permits, as defined in s. 163.3164(7) and (8), for affordable housing projects is expedited to a greater degree than other projects. Review Synopsis: As a procedure, the Planning Department already expedites the review process for any site plan, land use plan amendment, rezoning, or annexation application for an affordable housing project within the City of Clearwater. The interested party should complete the form, "Notice of Affordable Housing Project" (see Appendix A), to formalize the request. The form is available through the Economic Development and Housing Department. Some affordable housing projects (rehabilitation or new construction) are approved administratively; otherwise the project goes to the immediate next session of the Community Development Board. Despite the existence of the form, there are still some procedural and administrative issues that need to be improved to achieve timely development review for affordable housing. Recommendations: 7.7 Continue to use the "Notice of Affordable Housing Project" form to fast-track affordable housing projects. 7.2 Create the role of Affordable Housing Facilitator or Ombudsman. " The facilitator should be the first point of contact in the City when submitting affordable housing projects. The facilitator should.- • Create and oversee, in coordination with the City's Planning Department, an affordable housing "One Stop Streamline Permitting Process." • Act as a liaison between the developer and all departments involved in the review and permitting process. • Organize and participate in the pre-application meetings. • Provide necessary information and forms to the developer to avoid delays during the application and review process. Attachment number 1 Page 16 of 38 1 15 • Create, in coordination with the Planning Department, a project requirement checklist for each type of affordable housing project (i.e., site and building review. • Create, in coordination with the Planning Department, a project process checklist for each type of affordable housing (i.e., site and building review). • Create, in coordination with the Planning Department, a feasible timeline review for affordable housing projects considering variables such as the type, size and impact in the community. • Release to the applicant and all City departments involved at once, written statements for additional requirements and project determinations. • Determine a definitive time period for completion of reviews. • Track the review process through specific forms and communications. • Report to the developer the status of the application. 7.3 Improve customer service toward potential project applicants by.- 0 Maintaining a positive attitude • Offering a quick response time via email or phone calls • Making available project requirements and forms • Utilizing new technology to enhance administrative efficiencies AHAC Action: The commmittee has reviewed the City's current practices and hereby approves Recommendations 1.1, 1.2, and 1.3. Attachment number 1 Page 17 of 38 1 16 Incentive No. 2 The modification of impact-fee requirements, including reduction or waiver of fees and alternative methods of fee payment for affordable housing. Review Synopsis: The AHAC and the City's Comprehensive Plan Amendments recognize how impact fees and permitting fees increase the costs of affordable housing. However, it is also true that affordable housing developments also create demand for public infrastructure as do other types of housing development. Transportation impact fees cannot be legally waived for affordable housing projects as described by the "Florida Impact Fee Act," F.S. 163.31801. Current transportation impact fees collected by Pinellas County are $2,066 for single family and $1,420 for multifamily units. In addition to the current impact fees, the City charges fees to issue a variety of review, permits and certifications for affordable housing projects (plan examination, plan amendments, certificates of occupancy, etc.). The current fee structure as established in Appendix A (schedule of fees, rates and charges) of the Community Development Code is based upon the value of the housing unit, recognizing the impact on affordable housing developments. The City does not have any ordinances or regulations in place to reduce, or refund existing impact fees or other fees for affordable housing developments. Recommendation: 2.7 Prepare a study to determine the financial, legal, and administrative feasibility of reducing, refunding or re-defining (by unit size the costs) impact fees and other fees related to the development of affordable housing. Consideration should be given to provide cost relief as housing units follow `green building parameters. " AHAC Action: The committee has reviewed the City's current practices and hereby approves Recommendation 2.1 to incentivise the provision of affordable housing. Attachment number 1 Page 18 of 38 1 17 Incentive No. 3 The allowance of flexibility in densities for affordable housing. Review Synopsis: The City encourages flexible densities for affordable housing developments in both the Future Land Use Element and the Housing Element of the City's Comprehensive Plan. The following policy in the Future Land Use Element allows for flexible densities: "Policy A.2.2.7 - The City will provide density bonuses to developers of affordable housing and/or mixed-income developments based on recommendations established in the City's Local Housing Assistance Plan and implemented through the City's Community Development Code." The following policies in the Housing Element allow for flexible densities: "Policy C.1.9.1 - Permit density increases for development projects incorporating affordable housing units." "Policy C.1.9.4 - Through the Downtown Public Amenities Incentive Pool, density increases shall be available to projects incorporating affordable housing units." The City grants flexible densities to developers through the City's Community Development Code, which establishes flexibility criteria for specific uses requiring additional development review. Such uses fall into two categories: flexible standard development and flexible development. Flexible standard development applications typically require Level One approval, which involves review by City staff only, including the City's Development Review Coordinator and Development Review Committee. Flexible development applications typically require Level Two approval, which involves review by the Community Development Board. Some applications, however, warrant additional review. These applications require Level Three approval, which involve greater complexity and require action by the City Council. Attachment number 1 Page 19 of 38 1 18 Currently, projects typically associated with affordable housing, such as Comprehensive Infill Redevelopment Projects, fall under flexible development and are Level Two uses. For example, Section 2-701.1 of the Community Development Code sets the maximum development potential for the Commercial ("C") zoning district, however this maximum may be reconsidered if the use falls under Section 2-704 flexible development. Section 2-704 defines the criteria for flexibility for the Commercial zoning district, which includes Section 2-704, Flexibility Criteria C.5.d, "...the proposed use provides for the provision of affordable housing." Recommendation: 3.7 Continue to provide allowance of density flexibility for affordable housing developments. 3.2 Establish specific parameters to grant density flexibility for affordable housing projects as allowed in the Community Development Code within the different zoning districts. 3.3 Evaluate whether or not density allowance for the project could be defined prior to formal submission of the civil/site engineering requirements. In this case density will be awarded with the condition to the final submission of civil/site engineering requirements. AHAC Action: The committee has reviewed the City's current practices and hereby approves Recommendations 3.1, 3.2, and 3.3 to incentivise the provision of affordable housing. Attachment number 1 Page 20 of 38 1 19 Incentive No. 4 The reservation of infrastructure capacity for housing for very-low-income persons, low-income persons, and moderate-income persons. Review Synopsis: The City does not require reservation of infrastructure capacity specifically for housing for very-low-income persons, low-income persons, and moderate-income persons. The City is already built-out and has excess capacity for all its public facilities thus there is no need to reserve any "infrastructure capacity." Furthermore, the Planning Department closely monitors that all concurrency requirements are met so that enough infrastructure capacity is in place at the time of any type of new development. The Capital Improvements Element of the City's Comprehensive Plan specifies: "Policy 32.3.2 - 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." Recommendation: We do not recommend that the City of Clearwater include the reservation of infrastructure capacity for housing for very-low-income persons, low-income persons, and moderate-income persons as an incentive for the provision of affordable housing. AHAC Action: The committee has reviewed the City's current practices and does not recommend the reservation of infrastructure capacity an incentive for the provision of affordable housing. Attachment number 1 Page 21 of 38 1 20 Incentive No. 5 The allowance of affordable accessory residential units in residential zoning districts. Review Synopsis: The City encourages affordable accessory residential units in both the Future Land Use Element and the Housing Element of the City's Comprehensive Plan. The following policy in the Future Land Use Element supports the provision of accessory residential units: "Policy A.6.1.12 - The City of Clearwater will continue to promote infill development and redevelopment to provide opportunities and conditions for the provision of accessory dwelling units." The following policy in the Housing Element supports the provision of accessory residential units in residential areas: "Policy C.1.9.5 - Accessory dwelling units may be permitted in certain areas of the Downtown, as an accessory use to a single-family or two-family dwelling, provided that sufficient parking exists." Additionally, the City allows for the provision of accessory dwelling units in nonresidential zoning districts, including the City's Commercial ("C"), Tourist ("T"), Downtown ("D"), Office ("O"), Institutional ("I"), and IRT districts, as described in the Community Development Code. Recommendation: 5.7 Continue to allow for accessory dwelling units in both nonresidential and residential zoning districts as described within the City's Comprehensive Plan and Community Development Code. AHAC Action: The committee has reviewed the City's current practices and hereby approves Recommendation 5.1 to incentivise the provision of affordable housing. Attachment number 1 Page 22 of 38 1 21 Incentive No. 6 The reduction of parking and setback requirements for affordable housing. Review Synopsis: The City encourages the reduction of parking and setback requirements for affordable housing in the Housing Element of the City's Comprehensive Plan. The following policy in the Housing Element supports the reduction of parking and setback requirements for affordable housing: "Policy C.1.9.2 - Allow flexibility with regard to setbacks and off-street parking to accommodate density bonuses associated with affordable housing developments provided the project design does not detract from the established or emerging character of the immediate vicinity." "Policy C.1.9.3 - Allow flexibility with regard to off-street parking for projects containing affordable housing units located within 1,000 feet of a transit stop." Moreover, the City currently allows flexible parking and setback requirements for affordable housing through the City's Community Development Code, which establishes flexibility criteria for specific uses requiring additional development review. According to the Community Development Code, setback requirements shall be consistent with the minimum standard requirements of the applicable zoning district, unless otherwise permitted pursuant to flexibility criteria in that district, which vary depending on the use. For example, attached dwellings, residential infill projects, comprehensive infill redevelopment projects, or other uses that could provide affordable housing, may qualify as Level Two uses, allowing for flexible development standards, including setbacks. Furthermore, the Community Development Code allows for the reduction of parking requirements for affordable housing wherever residential uses are permissible: "Article 3, Section 3-919 - The minimum off-street parking requirement for affordable housing units, as defined by the City of Clearwater Economic Attachment number 1 Page 23 of 38 1 22 Development and Housing Department, may be reduced to one parking space per unit in any zoning district where residential uses are permitted." Recommendation: 6.7 Continue to allow flexible setback requirements for affordable housing developments. 6.2 Continue to allow for the reduction of off-street parking requirements based upon the provision of affordable housing units as per Article 3, Section 3-979 of the Community Development Code. 6.3 Continue to tie reductions of off-street parking requirements to proximity and access to alternative modes of transportation, including transit, sidewalks, trails, or other options. AHAC Action: The committee has reviewed the City's current practices and hereby approves Recommendations 6.1, 6.2, and 6.3 to incentivise the provision of affordable housing. Attachment number 1 Page 24 of 38 1 23 Incentive No. 7 The allowance of flexible lot configurations, including zero-lot-line configurations for affordable housing. Review Synopsis: A legal lot of record, by definition, has fixed boundaries by a plat recorded in the Official Records of Pinellas County. It is therefore assumed that this incentive is intended to address flexible site plan configurations, rather than single flexible lot configurations. As such, the City currently allows for site plan flexibility through the development review process, as supported by the City's Community Development Code, which establishes flexibility criteria for specific uses requiring additional development review. Such criteria may allow for more flexible site plan configurations, but may also require an improved site plan to document how the flexibility will result in better design and/or appearance. For example, the flexibility criteria tied to residential infill projects within the High Density Residential ("HDR") District include: "Article 2, Section 2-504 (F.6) The design of the proposed residential infill project creates a form and function which enhances the community character of the immediate vicinity of the parcel proposed for development and the City of Clearwater as a whole; (F.7) Flexibility in regard to lot width, required setbacks, height and off-street parking are justified by the benefits to community character and the immediate vicinity of the parcel proposed for development and the City of Clearwater as a whole..." The allowance of flexible lot configurations, including zero-lot-line configurations for affordable housing, must be sensitive to the character and context of existing neighborhoods. Recommendation: 7.7 Continue to allow flexible lot configurations for affordable housing developments while remaining sensitive to the character and context of existing neighborhoods. M VA W a-* ill Attachment number 1 Page 25 of 38 1 24 AHAC Action: The committee has reviewed the City's current practices and hereby approves Recommendation 7.1 to incentivise the provision of affordable housing. Attachment number 1 Page 26 of 38 1 25 Incentive No.8 The modification of street requirements for affordable housing Review Synopsis: Currently, all streets must conform to the City's street standards as defined in Article 3, Section 3-1904 of the City's Community Development Code: "Article 3, Section 3-1904 - (A) The functional classification, arrangement, character, extent, width and location of all streets shall conform to the thoroughfare element of the comprehensive plan and shall be considered in their relation to existing and planned streets, topographical and environmental conditions, public convenience and safety, and their appropriate relationship to the proposed use of the land to be served by such streets." The Community Development Code specifies minimum right-of-way and lane designations for each classification of roadway, including neighborhood roads. A minimum pavement width of 24 feet plus curb is required for all neighborhood roads, 26 feet plus curb for all local roads, and 37 feet for all collector roads. Such requirements are in place to benefit public health and safety. The City's Community Development Code requires that all streets be improved by a developer with paving, curbs or gutters, and sidewalks or on-street parking where necessary. These standards apply to all development, including affordable housing projects. Since the City of Clearwater is largely built-out, the City's infrastructure system is already in place and it is not likely that affordable housing projects will need to provide local or collector roads. At most, such projects may require the provision of neighborhood roads internal to the site. Recommendation: Because such standards are in place to benefit public health and safety, we do not recommend that the City utilize the modification of street requirements as an incentive for affordable housing. M VA W a-* ill Attachment number 1 Page 27 of 38 1 26 AHAC Action: The committee has reviewed the City's current practices and does not recommend the modification of street requirements as an incentive for the provision of affordable housing. Attachment number 1 Page 28 of 38 1 27 Incentive No.9 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. Review Synopsis: Currently, the City has a process in place by which it considers, before adoption, policies, procedures, ordinances, regulations, or plan provisions that increase the cost of housing. The Economic Development and Housing Department usually receives most regulations and ordinances and participates in the review process. When reviewing, the department usually specifies whether any of the provisions may affect the cost of housing. Recommendation: 9.7 The Economic Development and Housing Department should continue to review a# regulations and ordinances that may affect the cost of housing. 9.2 Establish a formal process by which any new regulatory instrument created in the City (Ordinances, regulations, etc.) can be evaluated for its effect on housing affordability. AHAC Action: The committee has reviewed the City's current practices and hereby approves Recommendations 9.1 and 9.2 to incentivise the provision of affordable housing. Attachment number 1 Page 29 of 38 1 28 Incentive No. 10 The preparation of a printed inventory of locally-owned public /ands suitable for affordable housing. Review Synopsis: The City of Clearwater is already built-out. According to the City's Comprehensive Plan, vacant developable land in Clearwater has been reduced from approximately 1,034 acres in 1989, to approximately 600 acres in 1996, and then further reduced to 420 acres in 2005. Most of these parcels are less than one acre in size. Infill development, urban conservation, and urban renewal strategies will continue to dictate future development. The City maintains an inventory of locally-owned public lands suitable for affordable housing. As of 2008, there are 29 parcels of publicly-owned land suitable for the development of affordable housing. Most of these lands are located in and surrounding the Downtown Area. Due to the lack of affordable land to develop affordable housing, the City offers development flexibility through the Community Development Code to help developers interested in providing affordable housing through infill and redevelopment projects. The City's Future Land Use Element proposes a number of activity centers throughout the City as part of the City's Design Structure. Policies A.5.4.4 and A.5.4.7 encourage redevelopment activities to support the provision of affordable housing: "Policy A.5.4.4 - Missouri Avenue from Drew Street to Belleair Road. The creation of affordable housing and mixed-use development should be supported, and lot consolidation and streetscape improvements should be encouraged." "Policy A.5.4.7 - South Fort Harrison Avenue from A Street to E Street. Amendments to the Future Land Use Plan and Zoning Atlas may be considered to promote affordable housing, mixed-use development, and to support the emerging character of the area and Morton Plant Hospital." Attachment number 1 Page 30 of 38 1 29 Recommendation: 70.7 The Economic Development and Housing Department should continue to maintain the inventory ofpub7ic7y-owned /and suitable for the development of affordable housing. 70.2 The public land inventory owned by the City for affordable housing should be published on the City's webpage for prospective developers and non-profit agencies for developing affordable housing. 70.3 Design a procedure to make publicly-owned land available to prospective developers and non-profit agencies for developing affordable housing. AHAC Action: The committee (AHAC) has reviewed the City's current practices and hereby approves Recommendations 10. 1, 10.2, and 10.3 to incentivise the provision of affordable housing. Attachment number 1 Page 31 of 38 1 30 Incentive No.1 I The support of development near transportation hubs, and major employment centers and mixed-use developments. Review Synopsis: The Future Land Use Element of the City's Comprehensive Plan supports the location of residential uses within "mass transit and neighborhood-serving land uses" and near transit lines: "Policy A.2.2.2 - Residential land uses shall be appropriately located on local and minor collector streets; if appropriately buffered; they may be located on major collector and arterial streets. Residential land uses shall be sited on well-drained soils, in proximity to parks, schools, mass transit and other neighborhood-serving land uses." "Policy A.6.8.7 - Create mixed-use, higher density and livable communities through design and layout, near existing transit lines as well as proposed TBARTA lines and stations. Also support walks ability concepts near projected TBARTA stations." In addition, the Housing Element of the City's Comprehensive Plan states: "Policy C.1.4.2 - Assisted housing should be located in close proximity to employment centers, mass transit services, parks, and commercial centers." Recommendation: 77.7 The City should maintain and enforce policies A.2.2.2; A. 6.8.7,- and C. 7.4.2 of the City's Comprehensive Plan. AHAC Action: The committee has reviewed the City's current practices and hereby approves Recommendation 11.1 to incentivise the provision of affordable housing. Attachment number 1 Page 32 of 38 1 31 Adaptive Reuse 72. 7 Continue to allow `adaptive reuse" involving the conversion of surplus and/or outmoded buildings including old school buildings, hospitals, train stations, warehouses, factories, etc. to mixed uses. AHAC Action: The committee has reviewed the City's current practices and hereby approves Recommendation 12.1 to incentivise the provision of affordable housing. Comprehensive Plan 73.7 Establish a policy under Objective C. 7.8 indicating the need to update the City's Local Housing Incentives Strategy every three years as indicated by the Florida Statutes (420.9076). AHAC Action: The committee has reviewed the City's current practices and hereby approves Recommendation 13.1 to incentivize the provision of affordable housing. Land Development Code 74.7 Create a policy to encourage developers to address recommended design standards for affordable housing developments. Some of the criteria could include but are not limited to. ¦ Maintain the character of the neighborhood where the project will be located ¦ Provide the necessary architectural elements to maintain a hierarchy of scale and a unified form ¦ Provide recess or articulated unit entries to provide individual identities for each unit ¦ Avoid large and unbroken corridors ¦ Provide direct and visual access to open space for residents Attachment number 1 Page 33 of 38 1 32 ¦ Consider play areas when developing family housing ¦ Provide nighttime illumination from a variety of sources ¦ Use landscape standards and buffers when needed to avoid nuisances and the separation of public and private areas ¦ Reduced parking ratios ¦ Centrally- located common facilities ¦ Use Crime Prevention Thru Environmental Design (CPTED) ¦ Use energy-efficient and environmental concepts for home building allowed in the building code ¦ Use handicap accessibility standards (i.e., universal design) AHAC Action: The committee has reviewed the City's current practices and hereby approves Recommendation 14.1 to incentivise the provision of affordable housing. Communication and Marketing of Affordable Housing 75.7 Improve current communication channels and marketing materials to reach different stakeholders interested in affordable housing. Some of the suggested actions include but are not limited to: ¦ Prepare marketing materials for the general public in order to promote the different housing programs that the City's offers. ¦ Prepare marketing materials that help developers and the general public to understand the application criteria, permitting process, and the number of incentives available for rehabilitation and new construction of affordable housing units in the City. ¦ Make accessible to the public an inventory and a map of suitable residential vacant land available for development. ¦ Include a section on the City's webpage called, "Affordable Housing Central," specifically dedicated to the promotion of affordable housing. AHAC Action: The committee has reviewed the City's current practices and hereby approves Recommendation 15.1 to incentivise the provision of affordable housing. Attachment number 1 Page 34 of 38 1 33 Financing 76.7 Diversify financial strategies to contribute to the new construction and maintenance of affordable housing. Some of the suggested actions include but are not limited to: ¦ Maximize the use of funds from the Neighborhood Stabilization Program (NSP). ¦ Encourage Employer-Assisted Housing Programs. AHAC Action: The committee has reviewed the City's current practices and hereby approves Recommendation 16.1 to incentivise the provision of affordable housing. Partnerships 77.7 Develop public and private partnerships for the provision of affordable housing ¦ Prepare, advertise, and maintain an inventory of affordable housing providers and any other related organization. ¦ Provide mentoring and technical training to current and new affordable housing providers. ¦ Encourage and support joint development opportunities between the private sector and non-profits to develop affordable housing. ¦ Engage lenders in an ongoing discussion with the City relative to underwriting and credit standards, technology solutions, as well as the development of financial products in an effort to maximize the financing options available to potential first-time homebuyers through conventional and other lenders. ¦ Coordinate with Pinellas County joint programs for the provision of affordable housing. Attachment number 1 Page 35 of 38 1 34 ¦ Monitor the development of statewide legislative initiatives to gauge the local impact of their provisions. AHAC Action: The committee has reviewed the City's current practices and hereby approves Recommendation 17.1 to incentivise the provision of affordable housing. Attachment number 1 Page 36 of 38 1 35 Attachment number 1 Page 37 of 38 APPENDIX A RESOLUTION NO. 08-15 A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA REGARDING THE AFFORDABLE HOUSING ADVISORY COMMITTEE REQUIRED FOR PURPOSES OF THE STATE HOUSING INITIATIVES PARTNERSHIP PROGRAM ("SHIP") PROGRAM; PROVIDING THAT THE CITY'S NEIGHBORHOOD AND AFFORDABLE HOUSING BOARD [NAHAB] SHALL SERVE AS SAID COMMITTEE; APPOINTING EXISTING NAHAB MEMBERS TO THE COMMITTEE; APPOINTING NEW MEMBERS TO THE NEIGHBORHOOD AND AFFORDABLE HOUSING BOARD AND THE COMMITTEE; PROVIDING FOR NEW MEMBER TERMS; PROVIDING AN EFFECTIVE DATE. WHEREAS, the State of Florida enacted the State Housing Initiatives Partnership Act ("Act") also known as the William E. Sadowski Affordable Housing Act, which allocates a portion of new and existing documentary stamp taxes on deeds to local governments for development of affordable housing through the SHIP Program; and WHEREAS, the Act requires that in order to receive SHIP funds, the local government appoint an Affordable Housing Advisory Committee to recommend monetary and non-monetary incentives for the Affordable Housing Incentive Plan and that its members be appointed by resolution, and it is desirable that the City Neighborhood and Affordable Housing Advisory Board [NAHAB] serve as the Affordable Housing Advisory Committee; now therefore BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. That the following existing members of the Neighborhood and Affordable Housing Board are hereby appointed as members of the Affordable Housing Advisory Committee for the State Housing Initiatives Partnership Program: • Donald Brackett (retired builder) representing the residential home building industry • Lisa Hughes (Coordinated Child Care) as an advocate for low- income persons in connection with affordable housing • Kip Corriveau (Salvation Army) representing not-for-profit provider of affordable housing • Peggy Cutkomp (Prudential Tropical Realty) representing those who are actively engaged as a real estate professional in connection with affordable housing Resolution No. 08tffn # 2 Attachment number 1 Page 38 of 38 APPENDIX A • Laurel Braswell (Homemaker) as citizen who resides within the City of Clearwater • Josephine Carbone (retired Realtor) as citizen who resides within the City of Clearwater Section 2. That the following persons are hereby appointed to the Neighborhood and Affordable Housing Board and as members of the Affordable Housing Advisory Committee for the State Housing Initiatives Partnership Program: • Samuel Davis (Wells Fargo Mortgage) representing the banking or mortgage industry in connection with affordable housing • Nick Pavonetti (PDC Affordable Housing) representing those areas of labor engaged in home building in connection with affordable housing • Peter Leach (Southport Financial Services) representing the for- profit provider of affordable housing • Jordan Behar (Behar Design and Associates, Inc.), who serves on the local planning agency • Kevin Gartland (Clearwater Regional Chamber of Commerce) representing employers within the City of Clearwater • Tony Longhorn (Pinellas County School Board) representing essential services personnel The term of office of said six members will be four years per Code of Ordinances Section 2.226(3). Section 3. This resolution shall take effect immediately upon adoption, and is subject to the adoption of Ordinance No. 7981-08. PASSED AND ADOPTED this 19th day of June 1 2008. ank V. Hibbard Mayor Approved as to form: Leslie K. Doug 1-Sides City Attorney Attest: 2 ?z> - ?l -1 -1 ) -I - ?l -I ?I L-1 1 -I ?I -1 --1 ?LII I 1 L, ?Z> -L, ?Zl 11 ILA 1 .11 ?l t? N it ?1 1 I + ? ?Zl i n i n I ? I ? -I I _ L. i 1 r ?.l 1 + 1 1 ?-I 1 ?l 1 L.V) ,-1 L.V) L.V) 1 L.V) 1 ?I ?l + 1 N 1 -1 ? -? l LLI N it -' i n I I 4 L?L L 7-1 L -?? Z ? L.Vi ?? 1 1 1 N ?I ?l ?l ?Ll ?I -I 1 I ,l I -I I ill `.l j -r 1 Z? I 1 L.V1 L.Vi Lin ?.l Z? ?l -I N it i -?1 ill Lin L.Vi 'C?-l ?.l ?.l LI i 1 1 1 D L.V1 LLI 1 -?1 z -r 1 ?l ?.l 1 r L.V1 D L.V1 N it E t' -I -1 ?I I I l -?1 • -1 ,l 1) ,L--I -1 -1 ?I ?I ?I I C) 17-1 ?I L `i ?l - ?1 1 1 1 N it E -1 ?j -1 -I ?l ?l L+ Lin I I ?.l ?l + 1 -i + + 1 1 ?I :L 1 + + N it i ,l 17-1 ?I ?I -1 -i ?Zl I ?l 1 1 1 1 ?.l 1 1 Lin 1 1 ?L) D -1 , -? 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N it Work Session Council Chambers - City Hall Meeting Date: 12/15/2008 SUBJECT / RECOMMENDATION: Approve the City of Clearwater FY 2007-2008 Consolidated Annual Performance and Evaluation Report (CAPER). SUMMARY: 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 compliance with 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: Executive Summary Assessment Of The One Year Goals And Objectives Affirmatively Furthering Fair Housing Leveraging Resources Continuum Of Care Narrative Citizen Participation Other Actions Housing HOME Program Other Housing Programs Community Development Neighborhood Revitalization Strategy Areas Housing Opportunities For People With AIDS (HOPWA) Cover Memo Item # 3 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. Review Approval: 1) Office of Management and Budget 2) Legal 3) Clerk 4) Assistant City Manager ED 5) Clerk 6) City Manager 7) Clerk Cover Memo Item # 3 Attachment number 1 Page 1 of 1 FY2007-2008 Consolidated Annual Performance & Evaluation Report (CAPER) Community Development Block Grant (CDBG) And HOME Investment Partnership Programs Budget and Expenditure Summary Prior Year Plus Number Reprogrammed Remaining Person's Activity Budget (1) Funds (1) Expenditures Balance Assisted Demolition $ 30,000 $ 151,670 $ 123,495 $ 58,175 Relocation $ 30,000 $ 5,641 $ 24,359 Acquisition $ 100,000 $ 1,206,597 $ 1,206,797 $ 99,800 CDBG Program Administration' $ 177,691 $ 165,874 $ 11,817 CDBG-PD-ED $ 28,000 $ 6,233 $ 34,233 $ - CDBG-PD-Rehab $ 134,800 $ 87,387 $ 47,413 CDBG-PD-Infill $ 12,500 $ 3,972 $ 16,472 $ - HOME Program Administration' $ 53,835 $ 50,834 $ 3,001 Public Services $ 135,107 $ 42,353 $ 173,879 $ 3,581 3,187 Public Facilities & Improvements $ 173,660 $ 9,820 $ 131,221 $ 52,259 12,264 CDBG Program Housing (Housing Pool) $ 295,976 $ - $ 277,069 $ 18,907 HOME Program Housing (Housing Pool) $ 383,767 $ 375,293 $ 8,474 HOME Acquisition, Transitional Housing $ - $ - $ - CDBG Economic Development $ - $ 19,192 $ 19,192 $ - Community Housing Development Org. (CHDO) $ 80,753 $ 130,472 $ 130,472 $ 80,753 Rental Housing Development-HOME $ - $ - $ - Fair Housing - CDBG $ 27,319 $ 4,652 $ 31,749 $ 222 211 TOTAL` $ 1,663,408 $ 1,574,961 $ 2,829,609 $ 408,760 15,662 The Program Administration Equals 16.8% of the Total Budget. C DBG Allows 20% of Al location for Program Administration and 20% of Program Income. HOME Allows 10% of Allocatio n for Program Administration and 10% on Program Income. " The difference between "Budget" and "Expenditures" is made up of such things as: Carryover Funds for Public Services, Public Facility projects being completed, the Homeless Emergency Project SRO & Thrift Store, N. Greenwood Fagade Improvement Project, (1) Includes Program Income 12/2/2008 Item # 3 Attachment number 2 Page 1 of 33 00NT Third Program Year CAPER The City of Clearwater, Florida FY 2007-08 CPMP Third Consolidated Annual Performance and Evaluation Report includes Narrative ! Responses to CAPER questions that CDBG, HOME, HOPWA, and ESG grantees must respond to each year in order to be compliant with the Consolidated Planning Regulations. The Executive Summary narratives are optional. The grantee must submit an updated Financial Summary Report (PR26). 1. EXECUTIVE SUMMARY The overall purpose of the community planning and development programs as stated in Section 91 of the Housing and Community Development Act, as amended, with programs funded through the Community Development Block Grant Program and the HOME Investment Partnership Program is to develop viable urban communities by providing decent housing, a suitable living environment and expanding economic opportunities principally for low to moderate-income persons. The primary means toward this end is to extend and strengthen partnerships among all levels of government and the private sector, including for profit and non-profit organizations, in the production and operation of affordable housing. The main purpose of these programs is to provide decent housing. Decent housing includes assisting homeless individuals and families, retaining the existing housing stock by rehabilitating existing housing units and increasing the availability of permanent affordable housing by building new affordable rental and owner-occupied units and providing down payment assistance. The second purpose includes increasing public services and public facilities to improve the safety and livability of neighborhoods as a suitable living environment. The third purpose is to expand economic opportunities to low to moderate-income individuals by creating or retaining jobs or creating and/or expanding businesses in low to moderate-income neighborhoods. The Consolidated Annual Performance and Evaluation Report (CAPER) is the principal administrative report to document how effective the City has been in expending CDBG and HOME funds to meet the objectives listed above. It serves as the basis for program monitoring for compliance and for financial audits. It provides HUD with necessary information for the Department to meet its requirement to assess each grantee's ability to carry out relevant Community Planning Development (CPD) programs in compliance with all applicable rules and regulations. It provides information necessary for HUD's Annual Report to the U. S. Congress and provides grantees an opportunity to describe to citizens their successes in revitalization deteriorated neighborhoods and meeting objectives stipulated in our Consolidated Plan. The City's FY 2007-08 CAPER contains information on the City's assessment of activities as they relate to the five-year goals and objectives, affirmatively furthering fair housing, affordable housing, continuum of care, leveraging resources, citizen participation, and self-evaluation. Item # 3 Attachment number 2 Page 2 of 33 2. ASSESSMENT OF THE ONE YEAR GOALS AND OBJECTIVES In August 2005, the City of Clearwater City Council approved the FY 2005-2010 Consolidated Plan for funding from the Community Development Block Grant Program (CDBG), HOME Investment Partnership Program (HOME), and State Housing Initiatives Partnership Program (SHIP). In September 2005, the City's Consolidated Plan was approved by the United States Department of Housing and Urban Development (HUD). The Five-Year Consolidated Plan includes two (2) key activities; provide decent, safe, and affordable housing and increase public services and facilities to improve the safety of the neighborhoods. The City's Mission is to assist residents in achieving self-sufficiency through decent housing, a suitable living environment and expanding economic opportunities. The goals for community development include promoting community self investment in low/moderate-income areas, providing facilities/services to address critical social services needs, providing facilities/services for seniors, children and persons with special needs, and expanding economic opportunities. The goals for housing and the homeless include revitalizing older housing and demolishing unsafe structures, producing high-quality affordable housing, providing housing assistance, and providing services/housing for the homeless. The City of Clearwater implemented three (3) basic strategies for assisting in the provision of decent, safe and affordable housing. The strategies consist of: 1. Homeowner rehabilitation - which include emergency repairs and disabled retrofitting 2. Down payment and closing cost assistance for homebuyers 3. Acquisition/rehabilitation/new construction To preserve the existing housing stock, the city proposes to rehabilitate 100 units owned by low-income households. The City will preserve the housing stock by funding the acquisition and rehabilitation of 50 existing units for new low-income owner households over the five year period. To encourage new homebuyers, the City will provide direct down payment/closing cost assistance to 100 low and moderate-income homebuyers. The City has proposed to construct 20 new affordable, for sale, infill housing units to support the city's ongoing revitalization/redevelopment efforts. To encourage participation in the city's homebuyer's activities, the City will provide credit counseling and homeownership training assistance to 100 prospective low- income homebuyers. During the FY 2007-08 funding year, the City implemented its Housing Pool. Primarily SHIP and HOME monies fund the Pool and are used for down payment and closing cost assistance, lot acquisition, rehabilitation and new construction. For larger developments, a non-profit and/or for-profit may be allocated funds in a line of credit format. This allows for the development of small infill projects, as well as the acquisition of several single existing units for rehabilitation and resale. Clearwater's Economic Development and Housing Department - Housing Division oversees the activities of its subrecipient participants and administers the City's Item # 3 Attachment number 2 Page 3 of 33 rehabilitation and emergency repair program using CDBG, HOME and SHIP funds. The Housing Pool participants submit a client case for approval for down payment and/or closing cost assistance. Once approved, the City encumbers those funds. Upon home closing, the Housing Pool participant will request reimbursement of the funds they expended and their loan processing fee(s). The loan processing fee(s) are not funded until we review the client file and have determined that all necessary documentation has been obtained to verify household income and assets and to substantiate any rehabilitation that may have been done on the home that was purchased. The City made available a total of $1,620,469 (program income and annual entitlement) for housing related activities in the Housing Pool during this reporting period. This amount is comprised of $38,3,767 in HOME funds, $940,726 in SHIP funds, and $295,976 in CDBG funds. The Housing Pool continues to be one of the most effective ways for our housing partners to access funding for income eligible clients. The City has identified five (5) general strategies to provide affordable housing over the Consolidated Plan period. They are to provide decent, adequate and affordable housing in safe and desirable environments for renters, homeowners, homebuyers, homeless and non-homeless with special needs. a. Rental Strategy The strategy for rental activities includes maintaining the existing rental housing stock through rehabilitation, new construction, conversion, and providing additional funding for acquisition/rehabilitation to very-low income households to ensure that housing costs, including utilities, does not exceed 30% of their gross monthly income. The priorities listed in the current five-year strategy calls for providing decent, adequate and affordable housing in a safe and desirable community for renters. To fulfill this strategy, the City will facilitate meetings with developers and discuss potential funding for renovations of existing rental properties and/or new construction projects. In this reporting period, the City expended $375,000 in HOME Program funds and $125,000 in SHIP funds for the construction of a four-unit permanent housing apartment complex for the Homeless Emergency Project (Fairburn Apartments). The four-unit rental structure provides housing for up to 24 homeless individuals. In addition, $150,000 was provided to Kimberly Home to purchase a two-unit apartment building for low to moderate-income renters. b. Homeowner Strategy The strategies for homeownership activities are listed as follows: 1. Increase homeownership within the City of Clearwater; 2. Bring housing up to standard (and modernize when possible); 3. Remove architectural barriers; 4. Demolish units that prove economically infeasible to rehabilitate and provide relocation benefits; Item # 3 Attachment number 2 Page 4 of 33 5. Ensure housing costs are in the general range of 30% of household income, and; 6. Promote energy efficiency and prevent loss of homes. The five-year goal is to renovate a minimum of 100 housing units through the Homeowner Rehabilitation Program, complete 25 emergency repairs through the Emergency Repair Program, and retrofit 25 homes to make them more accessible for physically-challenged individuals through the Disabled Retrofitting Program. Twenty-eight (28%) of the housing units in Clearwater are over 30 years of age. To assist homeowners who need rehabilitation, the City offers loans through the Housing Division and through the approved housing non-profits participating in the City's Housing Pool. The loans are available to owner-occupied households with incomes that are very-low to moderate, with a priority on very-low and low-income households. During FY07-08, the City made a total of eighteen rehabilitation loans with CDBG, HOME and/or SHIP funds. Eight (8) loans were provided to low-income families and ten loans were provided to very-low income families. This activity resulted in expenditures in the amount of $459,450. In addition, the City approved a 30-year, 3 percent interest loan with five years of deferred interest to Habitat For Humanity of Pinellas County for the Stevens Creek Project in the amount of $600,000 to acquire real property that will be used to build single-family homes for low to moderate-income families. The funds will be repaid when each home is sold to an eligible homebuyer. The funding for the acquisition was provided through the Pinellas County Housing Trust Fund. The 8.81-acre property is located at 1884 Betty Lane and is the former site of Homer Villas, a rental community owned by the Clearwater Housing Authority. The property acquisition cost was $1,189,350 with the remainder of funds needed for the acquisition provided by Pinellas County. The acquisition cost of $20,158 per unit is very reasonable. After the purchase was completed, the local housing authority relocated the tenants who were residing at the complex and Habitat Pinellas demolished all of the existing structures. The City provided up to $124,000 loan to Habitat Pinellas to demolish the deteriorated structures. Habitat Pinellas proposes to build fifty single-family homes that would provide affordable housing for families whose incomes fall within 30-80% of area median income. To keep the units affordable, Habitat Pinellas will use volunteers to partner with a general contractor to perform the work. In addition to further affordability, Habitat Pinellas will provide reduced mortgages to homebuyers. By providing affordable homeownership opportunities, Habitat Pinellas hopes to improve the housing stock in the neighborhood, raise the property values, and create economic incentives for additional public and private investments in areas targeted by the City for revitalization. Building these affordable units will help the City reach its goals of providing new single family homes as identified in its Five-Year Consolidated Plan. Item # 3 Attachment number 2 Page 5 of 33 To ensure a mixed-unit development, Habitat Pinellas will work with a developer to build nine (9) units that will be available for families between 80% and 120% of area median income. Habitat Pinellas gives struggling households an opportunity for home ownership and has built 140 homes in 23 years. The units were sold with no profit and financed with zero percent interest. Habitat Pinellas has an experienced staff that has a solid history in housing development. Habitat Pinellas has met with the City's development officials for approval and the results have been favorable, although the project has not been officially approved by the City's Planning Department. The anticipated construction start date is July 2009. The units will be built in phases with project completion scheduled for February 2013. Homebuyers will be required to attend eleven mandatory classes in preparation for homeownership and contribute between 250-350 hours of sweat equity, volunteering at Habitat Pinellas in some capacity, mostly in the construction site. They will also be required to make nominal payments each month towards the closing costs for the future home. In addition to the Homer Villas project, the City approved another potential housing development in this reporting period. The City authorized a $700,000 Community Development Block Grant Program loan to SP Country Club Homes LLC to acquire vacant real property in June 2008. The Country Club Homes Housing Development Project will be located on the southeast corner of Betty Lane and Drew Street. The 2.07-acre project consists of 36 for-sale townhomes that will be composed of three-bedroom 2.5 bath units with 2 car garages. The unit sizes will range from 1,312sf to 1,468sf of air-conditioned space. The sale price of each unit will be approximately $170,000 for the "Standard" units and $180,000 for "Premium" units. The units will be sold to families with the following incomes; 19 units will be sold to families with incomes at 80% or less than the area median income and the remaining 17 units to families with incomes from 81% to 120% of AMI. For a family of four (4), the income will range from $45,200 at 80% or less of AMI and up to $67,800 at 120% of AMI. The project will include a pool, a jacuzzi and clubhouse, office and exercise room with handicap accessible bathrooms. This project includes investment of over $7.5 million in the East Gateway District located within the City's Community Redevelopment Area that will result in the development of a vacant parcel and provide improved access to high-quality affordable homeownership opportunities for families at or below 120% of area median income. The developer of the project is Southport Financial Services, Inc. Southport, its owners, officers and affiliates have developed and operated over 13,000 dwelling units and over 135 projects in 17 states. The principals of Southport have extensive experience with the development of for-sale projects. Southport's recent for-sale experience includes 21 two-family homes in Newark, New Jersey and Ewing Place, a 10-unit townhome project, located in Clearwater. It is anticipated the project will be completed in late 2009. Item # 3 Attachment number 2 Page 6 of 33 c. Homebuyer Strategy The strategies for homebuyers include housing counseling programs that address pre-ownership issues, credit counseling, budgeting and foreclosure prevention to the very-low, low and moderate-income households. The 2008 Median Income for a family of four (4) in the Tampa/St. Petersburg/Clearwater Area is $56,500. The low- income threshold is $45,200 and the very-low income is $30,500. Other strategies include: easy access to affordable homeownership opportunities by providing larger subsidies to the very-low income credit-ready households and those purchasing homes within the City's target areas. The homebuyer strategy will also provide a means to finance the cost of rehabilitation as part of acquisition, providing additional affordable housing units to very-low and low-income households, upgrade neighborhoods and encourage activities to promote safer neighborhoods. The City offers several programs that help make housing more affordable to very-low to moderate-income homebuyers. The City's Home Ownership Program lends funds to purchase land, provide down payment assistance, pay impact fees, pay disposition costs, pay closing costs and build new homes for income eligible homebuyers. Funds in this program are also available to approved non-profit agencies financing their clients home ownership needs. Currently these agencies include: 1. Clearwater Neighborhood Housing Services, Inc. 2. Community Service Foundation 3. Homes for Independence 4. Habitat for Humanity 5. Largo Area Housing Development Corporation 6. Tampa Bay Community Development Corporation 7. Consumer Credit Counseling The funds will be leveraged against private sector financing to provide affordable housing. The five-year goal for homebuyers calls for assisting 100 homebuyers per year with down payment and closing cost assistance and providing 100 homebuyers with educational services in regards to purchasing a home. The City provided an allocation to Tampa Bay Community Development Corporation (TBCDC) to administer their Home Buyers Club and Homeownership Counseling Program, to Consumer Credit Counseling Services (CCCS) for budgeting and foreclosure counseling, and Community Services Foundation (CSF) to administer a Partnership to Homeownership Program and Homebuyer Education Program. In addition, the city provided funding to Clearwater Neighborhood Housing Services to implement a Housing Education/Counseling Program. All of the education and counseling programs were funded through the SHIP Program on a reimbursement basis. Over 204 individuals/families took part in the education/counseling services during this reporting period. A total of 130 participated in both TBCDC Programs (Homeownership Counseling and Homebuyer Education Programs), 36 participated in Community Service Foundation's Partnership to Ownership and Homebuyer Education Programs, 32 participated through Clearwater Neighborhood Housing Services, Inc. Housing Education/Counseling Programs and six (6) participated Item # 3 Attachment number 2 Page 7 of 33 through Consumer Credit Counseling Services, Homebuyer Education Program. Additional assistance was available, but due to the downturn in the housing market less homebuyers were able to purchase homes. d. Homeless Strategy The Pinellas County Homeless Policy Group (HPG) was formed in the Fall 2004. The mission was to develop a Countywide, 10-year plan to end homelessness. This plan was a result of an 18-month research and planning process. Included in the planning process were 40 members represented by elected officials, a school board member, a Public Defender, community and business leaders from a variety of industries, including faith-based organizations, housing authorities, healthcare, law enforcement, businesses, foundations, the homeless coalition, and formerly homeless persons from the general community. Several factors were at the forefront of our research and planning discussions. The factors included: improving the quality of life for homeless individuals and families, improving the quality of life for those at risk of becoming homeless, eliminating barriers to housing and services, finding ethical and economical solutions, developing unified and comprehensive efforts that demonstrate best practices in housing and service delivery, and being able to demonstrate returns for our forthcoming efforts. The HPG adopted the plan on January 13, 2006 and the City of Clearwater approved the plan unanimously at their March 16, 2006 Council Meeting. The HPG has transitioned into the Homeless Leadership Network (HLN). HLN monitors and oversees implementation of the plan to ensure accountability and results consistent with the plan. The make-up of the HLN is very similar to the HPG, but now executive members of the Pinellas County Coalition for the Homeless (PCCH) serve on the group. The PCCH serves as the Operations Network Group and deals with the operating and actual implementation of the 10-Year Plan, while getting direction from the HLN. In creating this plan and demonstrating our commitment to work together to develop and enact this plan, we hope this will provide motivation for others to get involved and support the effort. The City provided CDBG funding to four (4) agencies assisting the homeless in FY 2007-2008 - Clearwater Homeless Intervention Project (CHIP), Westcare of Florida (a/k/a The Mustard Seed) - Turning Point and Religious Community Services - Food Pantry/The Haven and Homeless Emergency Project. Westcare's - Turning Point Program received $17,136 to cover administrative costs. The Turning Point is an inebriate receiving center that provides a safe haven for both walk-in clientele and those who are picked up by law enforcement and other agencies. The program provides food, temporary shelter, and counseling. After an initial assessment, clients are placed in longer term housing, assisted in finding a job and are provided other services as necessary. The facility has a capacity to handle 178 clients and two (2) staff members. The facility averages 56 beds and 10 clients on the floor. Item # 3 Attachment number 2 Page 8 of 33 The City funded the Clearwater Homeless Intervention Program (CHIP) in the amount of $30,000 for operational support for a program that provides temporary shelter, food and clothing. The agency assisted 1,483 individuals during this reporting period. The program requires participants to seek and retain employment and receive counseling in order to stay at the shelter. Upon stabilization, clients are moved into transitional housing. The city provided $500,000, ($375,000 HOME and $125,000 SHIP), to the Homeless Emergency Project, Inc. to build a four-unit rental facility that provides housing for 24 homeless individuals (Fairburn Apartments). A total of $54,000 was provided to Religious Community Services - Food Pantry to renovate their facility that provides food for deserving low-income and homeless individuals and families. The agency provided services to 8,426 families during this reporting period. In addition to the food pantry, the city provided $9,698 to the agency for improvements for their Haven's Spouse Abuse Shelter. The chart below illustrates the allocations and expenditures for FY 2007/08 and prior funds expended in this reporting year. These allocations resulted in many homeless individual/families being provided a place to live and get back on their feet and obtain other essential services. FY 07/08 Prior Year FY 07/08 Budget Funds Expended CHIP - $ 30,000.00 $ 18,475.10 $ 48,475.10 Operational Westca re- $ 17,135.00 $ 6,771.46 $ 23,907.04 Operational HEP - $ 12,000.00 $ 12,000.00 Operational HEP- Rental $ 500,000.00 $ 500,000.00 Housing RCS-Food $ 54,000.00 $ 45,016.00 Pantry TOTAL $601,135.00 $37,246.56 $629,398.14 Catholic Charities Foundation of Tampa Bay, Inc. (Catholic Charities) prepared a Permanent Special Needs Housing Grant Application that was received by the State of Florida in May 2008. The State of Florida provided three million dollars to Catholic Charities, subject to a local government match of one million dollars for a total development cost of 4 million dollars. Catholic Charities requested $127,501.56 as the City of Clearwater's local match to build the single-room-occupancy housing complex for the Homeless from the Pinellas County Housing Trust Fund (HTF). The agency requested the funds as a local grant. The funds will be used to construct a 50-unit, 80-bed efficiency apartment complex on the net acre tract of land owned by the Diocese of St. Petersburg, located directly to the south of the Pinellas Hope facility located around 49th St. and 5500 block of 126th Ave. The facility serves persons who are homeless or have special needs. Item # 3 Attachment number 2 Page 9 of 33 Pinellas County has disbursed funding over the past two (2) years to a Housing Trust Fund that allocated funding based upon the share of population. The City received allocations of $944,456 in FY06 and $472,228 in FY07. The Housing Trust Fund Program requires that each local government to contribute 15% of its annual allocation to projects that benefit special needs populations. The project allowed the City to meet its obligation for FY06-07. St. Petersburg, Largo and Pinellas County will each participate in providing the required local government match with funding from the 15% budgeted for Special Needs from HTF. The City commitment for matching funds was subject to completion of the Consolidated Plan Application and contingent on Catholic Charities obtaining Florida Housing Finance Corporation ("FHFC") funding from the FHFC FY 2008-09 Special Needs Allocations, and required additional local match funding from the City of Largo, the City of St. Petersburg, and Pinellas County by December 31, 2008, and commencing construction of the Development within two years. In addition to the SRO project, Catholic Charities runs Pinellas Hope, an open-air homeless shelter located near 126th Avenue North in unincorporated Pinellas County. "Tent City", which was opened in December 2007, is intended to cut down on the number of individuals who are homeless and redirect them into permanent housing. Individuals who stay at Pinellas Hope are provided a safe haven and a warm meal. They also are put in contact with various social and community service agencies that could assist them with finding permanent housing and self-sufficiency. In July 2008, Catholic Charities requested assistance to keep Pinellas Hope open the remainder of the year. The City Council discussed providing financial assistance to the Pinellas Hope Program and unanimously agreed to provide funding, from the General Fund, in the amount of $50,000 to Catholic Charities for the continuation of the program According to a St. Petersburg Times Article, of the 484 people Pinellas Hope served over the first five months, 122 found jobs and another 148 found homes. One man, who had lived under a highway overpass, discovered he was eligible for Social Security benefits and now has an apartment. The operation has survived on a combination of private charity, business donations and local government support. e. Non-Homeless Special Needs Strategy CDBG funds were provided in the amount of $30,000 to Pinellas Opportunity Council to administer their Chore Services Program. Through this program, various chore services were provided to forty-seven elderly, frail elderly, developmentally-disabled and physically-disabled individuals to assist them in remaining in their home. To further assist non-homeless individuals with special needs, the City provided funding to Directions for Mental Health. Directions For Mental Health provides a facility for individuals to obtain mental health counseling. They also provide needed medicines for related mental health illnesses. A total of $62,900 was provided to repair their parking area and replace an air conditioning unit. During this reporting period, the City provided funding in the amount of $45,016 to Religious Community Service to renovate their facilities. Religious Community Item # 3 Attachment number 2 Page 10 of 33 Services and Directions for Mental Health provide assistance to the elderly, persons with mental and physical disabilities, and victims of spouse abuse. These services are classified as special needs. 3. AFFIRMATIVELY FURTHERING FAIR HOUSING Until October 1999, the City of Clearwater had designated the Human Relations Department as the lead agency in affirmatively furthering fair housing and enforcing the local Fair Housing Ordinance. Human Relations investigated and enforced the Fair Housing laws, provided the administrative procedures that the City followed to enforce said laws, and responded to any Fair Housing complaints received by the City. The City of Clearwater no longer directly enforces fair housing laws. The responsibility was assigned to the Pinellas County Human Relations Department since their office investigates and makes recommendations on all Fair Housing issues for other areas of Pinellas County with the exception of the City of St. Petersburg. The City of Clearwater plays an active role in affirmatively furthering Fair Housing by adhering to the Human Rights Ordinance that Pinellas County adopted in 1984. Pinellas County maintains an interlocal agreement with the City of St. Petersburg for the enforcement of the ordinance. The City of St. Petersburg handles enforcement south of Ulmerton Road and Pinellas County enforces north of Ulmerton Road. In 2002, the City of Clearwater, along with the cities of St. Petersburg and Largo, Pinellas County, Pinellas County Housing Authority, and the UNO Federation formed a Fair Housing Partnership to coordinate efforts countywide to support and expand the availability of housing to all, regardless of familial status, national origin, race, accessibility, and disability. The Partnership's tools for furthering this effort are educational programs, training, testing, assessments, and enforcement through the appropriate channels. The Partnership meets periodically to review programs and to set and review goals. The City remains active in the provision of affordable housing, accessible housing, and promotion of home ownership. The City of Clearwater provides information concerning home ownership, home financing, and home repairs in printed matter and is working with our Public Communications Department to provide information in a variety of other mediums. Over the past year, the City has put a substantial amount of educational information on the Housing Division's webpage pertaining to Fair Housing, Elderly Housing, Lead-Based Paint, Predatory & Fair Lending, and Financial Education (SEE Appendix). The City will continue to expand the availability of information about housing programs and Fair Housing laws. The City requested to meet with the Fair Housing and Equal Opportunity representative from HUD Tampa to obtain technical assistance to improve our Fair Housing and Equal Opportunity activities. a. Sale Or Rental Of Housing Fair Housing complaints received by the City's Equity Services Department and Pinellas County Office on Human Rights/Human Relations indicate that discrimination in the sale or rental of housing and provision of housing brokerage services does occu r. Item # 3 Attachment number 2 Page 11 of 33 b. Public Policies The high percentage of build-out in the City affects the availability of suitable land for multi-family and affordable single-family development. The City's Community Development Code, design standards, adequate public facility (concurrency) ordinance and Building Code requirements influence the feasibility of affordable housing projects. Development regulations can limit the potential use of small or irregular infill parcels for affordable housing or increase costs associated with site development and construction. c. Administrative Policies Administrative policies generally support Fair Housing. These include: 1. Marketing housing programs in targeted areas. 2. Providing citywide homebuyers' assistance and education. 3. Placing educational material on the Housing Division's webpage. 4. Carefully reviewing where affordable housing developments will be located. 5. Avoiding a concentration of very-low to moderate-income households in multi-family developments. d. Actions Taken To Overcome Impediments The City, in conjunction with the Pinellas County Fair Housing Partnership (Pinellas County, St. Petersburg, Clearwater, Largo, Pinellas County Housing Authority, and the UNO Federation), initiated a Fair Housing Study beginning early in 2002 to determine if persons seeking rental housing were given differential treatment based on familial status, national origin, race, accessibility, and disability; and to determine if further educational and outreach programs were needed. Two (2) consulting firms conducted the testing process and prepared the report. Two hundred tests were conducted, but not all of the sites were tested on every basis. The report was completed in the fall of 2002. Differential treatment was shown in 59% of the cases tested. Broken down by area, the percentage of cases showing differential treatment was: St. Petersburg, 52%; Clearwater 55%; Largo 67%; Pinellas County (balance of county including small cities) 61%. This information was presented to each of the Partners' boards or commissions, and all tested rental complexes were sent a copy of the study. Results were reported in local newspapers and on television. As a result of the study it was recommended that the following steps be taken to improve the current situation: 1. In cases where there is overwhelming evidence of differential treatment, a complaint against the housing provider should be filed with HUD and/or any similar local governing agency. 2. There should be aggressive education and outreach efforts to both the housing providers and the general public. 3. The Pinellas Partnership retest properties that demonstrated "some type of differential treatment" for possible future enforcement effort. Item # 3 Attachment number 2 Page 12 of 33 4. All local government permitting agencies should implement an accessibility review process before permitting newly constructed multi-family dwellings. 5. Mandate Fair Housing training for any developer or builder receiving city or county funding. The Partnership conducted a series of forums, seminars, and other outreach efforts to educate housing providers and the general public on Fair Housing issues, rights, and regulations. Testing will be done in the future on a smaller scale to determine if enforcement efforts are needed. The City funds programs that offer free classes for persons desiring to become homeowners. The Pinellas Realtor Organization subscribes to the Voluntary Affirmative Marketing Agreement (VAMA) and works to educate its members about Fair Housing. Training and marketing materials have been videotaped and translated into American Sign Language and Spanish. The City promotes home ownership and education at various homebuyer fairs and expositions. The City also provides funding to Community Service Foundation to provide Fair Housing Education. In addition to the Human Relations Department, the City is working with Pinellas County Realtors through the Voluntary Affirmative Marketing Agreement (VAMA) Program to further Fair Housing opportunities in real estate transactions. To further these efforts of the VAMA, the Pinellas County Board of Realtors enlisted the services of the Community Housing Resource Board to focus on the federal, state and local enforcement agencies, housing industry groups and volunteer community groups working together to promote Fair Housing practices. These efforts include: • Providing public information on Fair Housing. • Assessing community Fair Housing needs and identifying local problems and issues that impede equal housing opportunity. • Evaluating performance and effectiveness of the VAMA. • Expanding minority involvement in the real estate industry. • Expanding public awareness of housing opportunities in the community. • Developing cooperative solutions to problems associated with the implementation of the VAMA. Other actions during the FY2007-08 included: • Continued support of Pinellas County Human Relations Department, Pinellas County Board of Realtors, and the Community Housing Resource Board. • Continued to work with the local committee of American with Disabilities to view housing related issues for homeowners, renters, or homebuyers with disabilities. • Provided SHIP funding in the amount of $3,160 to the Community Service Foundation, $26,740 to Tampa Bay Community Development Corporation, $300 to Consumer Credit Counseling Services, Inc. and $2,460 to Clearwater Neighborhood Housing Service to implement homebuyers training programs, fair housing education and assistance, and foreclosure prevention and counseling services. • Provided funding in the amount of $12,199 to Gulf Coast Legal Services to implement a Fair Housing program that offers fair housing counseling Item # 3 Attachment number 2 Page 13 of 33 services, initial needs assessment, rental eviction intervention, and marketing of Fair Housing programs. Provided funding in the amount of $14,897 to Community Service Foundation to administer a Fair Housing Program. The Pinellas County anti-discrimination efforts focus on public information and enforcement of Fair Housing regulations and the County's Human Rights Ordinance. The County publishes a Housing Resource Directory that includes an overview of Fair Housing law, information about reasonable accommodation and accessibility, and a list of state and local enforcement agencies. The County produces a brochure entitled, Fair Housing in Pinellas County, and distributes approximately 5,000 copies annually. Below market rate mortgages, down payment and closing cost assistance are readily available through the County's Housing Finance Authority and through other agencies. The County is also active in providing and promoting affordable housing, providing low cost funds for home purchase or repair, and modification to homes to make them accessible to persons with disabilities. The City directs significant resources to expand the supply of affordable rental housing and partners with a variety of for-profit and non-profit developers and the Housing Finance Authority of Pinellas County. The City also assists developers with a variety of incentives aimed at reducing development costs, impact fees, and regulatory impediments. The City encourages mixed-income, multi-family developments to develop affordable housing in areas that are not predominantly low to moderate-income areas as part of a continuing effort to deconcentrate poverty. Funding is denied to developers who do not provide mixed-income housing where the effect could be to racially or economically segregate low-income households. 4. LEVERAGING RESOURCES The City's efforts to provide affordable housing and other services to very-low to moderate-income families have resulted in leveraging a great amount of additional resources. Through the City's SHIP and HOME Programs, the City expended $126,969 in down payment assistance and leveraged $511,031 in private sector funding. Through the Infill Housing and Down Payment Assistance Programs the City continues to work closely with the lending and housing non-profits in the community to leverage private investment in home ownership. (Please see Homebuyers Section for accomplishments). In addition, the City works with Community Service Foundation, Partners in Self Sufficiency, Tampa Bay Community Development Corporation, Consumer Credit Counseling Services, and Clearwater Neighborhood Housing Service, Inc. to provide homeownership counseling to support our housing programs. 5. CONTINUUM OF CARE NARRATIVE The City works closely with the Pinellas County Coalition for the Homeless and various other homeless services providers in addressing the needs of the City's Homeless. Item # 3 Attachment number 2 Page 14 of 33 The City listed Continuum of Care issues as a high priority in the Consolidated Plan. During this reporting period, the City provided $30,000 in CDBG funds to Clearwater Homeless Intervention Project (CHIP) as operating capital for their Emergency Shelter Facility as part of it's Continuum of Care. The facility provided shelter, food, counseling, and case management services to 1,356 individuals during this reporting period. A total of $17,136 was provided to the Westcare of Florida (a/k/a The Mustard Seed) - Turning Point for inebriated homeless individuals. During this reporting period, the agency assisted 132 homeless individuals from Clearwater. The Homeless Emergency Project received $500,000 to build four (4) units of permanent rental housing for the homeless. The units will provide living facilities for up to 24 homeless individuals. The facility offers food to homeless individuals and families. The agency's goal is to serve 1,000 people annually. In addition to short and long-term housing for the homeless, the HEP provides a variety of other services including job placement, medical, dental and psychological counseling. A total of $45,016 was provided to Religious Community Services - Food Pantry to complete the renovation of their distribution facility that provides food for deserving low-income and homeless individuals and families. The agency provided services to 7,188 families during this reporting period. In this reporting period $62,900 in CDBG funds was provided to Directions for Mental Health to renovate their office complex. Directions for Mental Health - provides a wide range of high quality behavior health services for all ages. The agency assisted 3,265 individuals for effective treatment of mental illness. CDBG funds were provided in the amount of $30,000 to the Pinellas Opportunity Council to administer their Chore Services Program. Through this program various chore services were provided to 69 elderly, frail elderly, developmentally-disabled and physically-disabled individuals to assist them in remaining in their home. 6. CITIZENS PARTICIPATION The City maintains a Neighborhood and Affordable Housing Advisory Board to encourage public participation. The Board meets periodically to discuss and make recommendations to City Staff and the City Council on housing related issues. The City Clerk's Office maintains minutes from those meetings. The City has not received any citizen comments on the Proposed FY 2007-08 CAPER. 7. OTHER ACTIONS a. Fostering And Maintaining Affordable Housing The City of Clearwater has been very proactive in fostering and maintaining affordable housing. Although the City cannot control the cost of labor, goods or land costs, the City continues to look for new and creative ways to address the issue of affordability. Some of the steps the City has taken in the past and/or are currently doing include: Item # 3 Attachment number 2 Page 15 of 33 • Design homes that are practical and efficient • Subsidize impact fees • Provide financing at below market rates, zero percent and/or deferred payment loans • Fund subrecipients to acquire vacant properties and build affordable houses • Work with subrecipients to acquire homes foreclosed by HUD and resell them as affordable housing units • Pay for infrastructure improvements with general revenue funds • Change the City's Development Code to address other development issues • Work with the local housing authority to buy property and resell for affordable housing • Work with developers to put together applications for funding through the Low-Income Housing Tax Credit Program, State of Florida Housing Bond Program and other resources to build or rehabilitate rental units for affordable housing b. Barriers To Affordable Housing In the early years (1992 - 1995) of the City's SHIP Program, the Clearwater's Affordable Housing Advisory Committee (AHAC) reviewed the following areas to identify potential barriers to affordable housing: • Affordable Housing Definitions • Permit Processing • Impact Fee Requirements • Infrastructure Capacity • Residential Zoning Density • Transfer of Development Rights • On-Site Parking and Setback Requirements • Zero-Lot Line Development • Sidewalk and Street Requirements • Regulatory Review Processes • Inventory of Lands Suitable for Affordable Housing Development The City began receiving SHIP Program funding in 1992 when the Florida Legislature adopted the Sadowski Act. The SHIP Program is a dedicated source of affordable housing funds that are provided annually to the cities and counties within the state. One of the driving forces behind the passage of the Sadowski Act was the Florida Homebuilders and Contractors Associations. As a result of their lobbying effort, SHIP jurisdictions each year must expend seventy-five percent (75%) of their funds (entitlement and recaptured funds) on activities that involve construction and/or rehabilitation of homes, and in addition, sixty-five percent (65%) of the funds (entitlement and recaptured funds) must result in homeownership. A major requirement of the SHIP Program, as well as a condition of receiving continued funding, was each jurisdiction had to adopt affordable housing incentives that would assist in the implementation of their affordable housing activities. Each SHIP entitlement community was required to adopt an Affordable Housing Incentive Plan (AHIP), which contained, at a minimum two statutory required incentives: 1. Assurance that permits as defined in Chapter 163.3164(7) and (8) F.S. for affordable housing projects are expedited to a greater degree than other projects; 2. An Item # 3 Attachment number 2 Page 16 of 33 ongoing process for review of local policies, ordinances, regulations, and plan provisions that increase the cost of housing prior to their adoption (420.9071(16) F. S.). 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: 1. 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. 2. The modification of impact-fee requirements, including reduction or waiver of fees and alternative methods of fee payment for affordable housing. 3. The allowance of flexibility in densities for affordable housing. 4. The reservation of infrastructure capacity or housing for very-low income persons, low-income persons, and moderate-income persons. 5. The allowance of affordable accessory residential units in residential zoning districts. 6. The reduction of parking and setback requirements for affordable housing. 7. The allowance of flexible lot configurations, including zero-lot-line configurations for affordable housing. 8. The modification of street requirements for affordable housing. 9. 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. 10. The preparation of a printed inventory of locally owned public lands suitable for affordable housing. 11. 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 order to 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 Item # 3 Attachment number 2 Page 17 of 33 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 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 for the 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 31s' of the year preceding the submission of the Local Housing Assistance Plan (LHAP). 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 LHAP 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 LHAP 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. As we continue to address the affordable housing needs of our residents, we must also ensure that we continue to meet the statutory requirements of the SHIP Program. In future years, as part of the monitoring process conducted by the State of Florida, the monitors will be evaluating how local jurisdictions are implementing their affordable housing incentives in order to ensure they are meeting their statutory obligations. These evaluations will review the process and policies that all affordable housing projects go through from start to finish. This process is not totally exclusive to affordable housing projects using SHIP dollars, but any affordable housing project taking place in the City, regardless of the funding source. c. Managing The Process As part of the review process for proposed policies, regulations, plans and programs, the sponsoring city department requests that the Economic Development and Housing Department to analyze the economic impact of the action as it pertains to the cost of housing. The analysis shows the estimated increase in cost to an average home. The analyses are maintained on file in the Housing Division of the Economic Development and Housing Department. The City holds public hearings and meetings to obtain citizen input and to respond to Item # 3 Attachment number 2 Page 18 of 33 citizen proposals and inquiries about activities and program performance. Citizens and other city stakeholders have emphasized the need to consider the City's diverse interests in the establishment of goals, objectives, policies and priorities; the identification of new projects and programs; and in the application, monitoring and evaluation of existing programs. Typically, the Economic Development and Housing Department staff meets with prospective affordable housing developer to determine the level of assistance and project needs. If the developer proceeds with a project, staff facilitates the plan review and permitting process through the Planning, Building and Engineering departments. This allows the Economic Development and Housing Department to troubleshoot and streamline the process. Below is a section from the City's recently adopted "Expedited Processing and Ongoing Review" Policy. d. Expedited Processing L Building Department All affordable housing projects, as defined in Chapter 163.3164(7) and (8) F.S., that are located within the City limits are required to include with their application for building permit a request for Expedited Processing. A copy of this request must be provided to the Building Official and to the Assistant Director of Housing. Expedited Processing affords eligible projects priority over projects without this status. When an affordable housing project receives approval, the Building Division notifies the Assistant Director who, in turn, will document the timeframe for the application process. ii. Planning Department The Planning Department will follow the City of Clearwater - Community Development Code when processing all affordable housing applications for activities that require rezoning, land-use amendments, variances, development orders, etc. Under the Code, all projects are reviewed and may be scheduled for the next meeting of the Development Review Committee (DRC - staff level review) and if needed, the Community Development Board (CDB). Many applications can be decided at the staff level and may not need to go DRC and/or CDB. When affordable housing projects and/or applications are submitted that can be decided at the Staff level, they shall receive priority and be reviewed before any non-affordable housing project and/or applications. Applicants must indicate that the project will be an affordable housing development and/or project. The Planning Department has and will continue to implement, where possible, the expedited plan amendment process for large-scale amendments related to the provision of affordable housing. e. Comprehensive Plan Analysis The City's Comprehensive Plan includes a state mandated housing element that analyzes the City's existing and projected housing need. The element contains goals, objectives and policies that work in tandem with other city housing policy documents. Fostering and maintaining an affordable housing supply is one of the element's primary goals. The goal is supported by policies that aim to reduce barriers Item # 3 Attachment number 2 Page 19 of 33 to public and private sector construction of affordable units. The Economic Development and Housing Department coordinated with the Planning Department in 2005 for the preparation of the Evaluation and Appraisal Report (EAR) for the Comprehensive Plan. A focus of the EAR was affordable housing. In this regard, the EAR included an assessment of the successes and shortcomings of the City's affordable housing polices and programs, along with recommendations for improvement. The EAR recommendations were addressed in a major update of the Comprehensive Plan in 2007-2008. As part of the review process, the city formed a Citizen Advisory Committee (CAC) to provide direction in the EAR. The CAC, along with a consultant (Wade Trim, Inc.), established identification of data needs and methods of compilation, meetings, methodology of comprehensive issues analysis, and coordination with other city departments. Their results were provided to the City's Planning Department. The Planning Departments recommendations were approved by the City Council. The EAR-based comprehensive plan amendments are currently being review by the State of Florida Department of Community Affairs for approval. f. Lead Based Paint Lead based paint continues to be a serious problem throughout cities across America. It is usually prevalent in homes built prior to 1978. Clearwater's housing stock is relatively new with the average home being built after 1970. However, the City still maintains that lead based paint is a serious issue and conducts housing inspections to determine if there are defective paint surfaces. If lead conditions are present, the lead paint is either removed or covered in a manner described by HUD. No lead based paint conditions were found during this reporting period. The City will continue its effort to rid structures of lead based paint and will inspect any homes built prior to 1978 for any presence of lead based paint. The City will continue to test and remove all lead based paint surfaces in structures that are being rehabilitated under our programs that are using federal funds. The City will use the services of the Pinellas County Environmental Department to test all structures with defective paint surfaces and the local Health Department to test children for elevated blood levels. The Willa Carson Community Health Resource Center continues to participate with the City by providing a meeting area for neighborhood based education programs, disseminating information on the hazards of lead based paint, and provide blood screening. The City continues to put information about lead based paint and safety on to the Housing Division website. Program activities include the following: • Collaboration between public-private agencies involving housing, health, and community-based organizations to facilitate a Healthy Home Team to go door to door in the targeted Brownfields area to identify children and homes at risk. • Assurance that children identified at risk receive blood lead testing and the child with elevated lead levels receives follow-up care. Item # 3 Attachment number 2 Page 20 of 33 • Promotion of a public awareness campaign through education via physicians and the community and disbursement of educational materials. • Routine placement of educational materials on the Housing Division's webpage. • Assessment of homes at risk to identify lead hazard control services to eliminate hazards identified in homes. • Initiation of supportive lead hazard control services to eliminate hazards identified in homes. • Evaluation of prevention activities to measure the impact and outcome of program services and intervention efforts in the community. g. Poverty Level Assessment Reducing the number of residents who live below the poverty level is very important to the City of Clearwater. The City realized that the most effective way to reduce the number of persons below the poverty level was to increase their income through providing employment opportunities. The City will provide funding to support service organizations that reduce impediments for families allowing them to rise above the poverty level. The City provides economic development opportunities to non-profit and for profit businesses that agree to hire lower-income individuals. Through the coordination among programs, including the Environmental Protection Agency, State Brownfields Redevelopment initiatives, Juvenile Welfare Board, Clearwater Stars, United Way, the Eckerd Foundation, Pinellas County WorkNet, and the University of South Florida, the City will continue to expand its efforts to reduce impediments. h. Institutional Structure To overcome gaps in institutional structures and enhance coordination, the City implemented several practices that have been very successful. First, local lenders were provided with information relative to the City's housing programs and offer a coordinated effort for the lending institution to prosper. Together we are able to provide home ownership and homebuyer opportunities for very-low to moderate- income families. The City and its subrecipients pre-qualify clients to the lender's and City's specification and provide financing in the form of down payment assistance. L Public Housing And Residential Initiatives The City understands the benefits of improving public housing and resident initiatives. To improve the lives of families residing in public housing the City targeted the children to break the cycle. The City will continue to work and strengthen our relationship with the Clearwater Housing Authority (CHA) to foster innovative public housing developments, potential joint ventures and residential initiatives. There are several potential projects that the City is coordinating with CHA. These include the former Jasmine Courts property and the Homer Villas property. To help with resident initiatives, the City provided $30,000 for operations to the Item # 3 Attachment number 2 Page 21 of 33 Partners in Self Sufficiency Program. This program provides residents on public assistance (Section 8) housing, counseling and case management services that encourage participants to become self-sufficient and purchase their own home. The agency assisted 87 families during this reporting period. 8. HOUSING a. Housing Needs The City has been very proactive in fostering and maintaining affordable housing. Although the City cannot control the cost of labor, goods or land costs, the City continues to look for new and creative ways to address the issue of affordability. Some of the steps the City has taken in the past and/or are currently doing include: • Design homes that are practical and efficient • Subsidize impact fees • Provide financing at below market rates, zero percent and/or deferred payment loans • Fund subrecipients to acquire vacant properties and build affordable houses • Work with subrecipients to acquire homes foreclosed by HUD and resell them as affordable housing units • Pay for infrastructure improvements with general revenue funds • Change the City's Development Code to address other development issues • Work with the local housing authority to buy property and resell for affordable housing • Work with developers to put together applications for funding through the Low-Income Housing Tax Credit Program, State of Florida Housing Bond Program and other resources to build or rehabilitate rental units for affordable housing b. Specific Housing Objectives Housing Obiective One: Build 200 new mixed-income rental units in conjunction with ongoing redevelopment/revitalization projects. • Federal Funds: HOME/CBDG • State/Other Funds: SHIP, FHFC programs Housing Obiective Two: Acquire and/or rehabilitate 50 units in small rental complexes for mixed-income affordable rental housing. • Federal Funds: HOME/CBDG • State/Other Funds: SHIP, FHFC programs Housing Obiective Three: Preserve the existing housing stock by rehabilitating 100 units owned by low-income owner households. • Federal Funds: HOME/CBDG • State/Other Funds: SHIP Housing Obiective Four: Preserve the existing housing stock by funding the acquisition and rehabilitation/expansion of 50 existing units for new low-income owner households. Item # 3 Attachment number 2 Page 22 of 33 • Federal Funds: HOME • State/Other Funds: SHIP Housing Obiective Five: Provide direct down payment/closing cost assistance to 100 low and moderate-income homebuyers. • Federal Funds: HOME • State/Other Funds: SHIP, HFA Bonds Housing Obiective Six: Construct 20 new affordable, for sale, in-fill units in support of the City's ongoing revitalization/redevelopment activities. • Federal Funds: HOME/CDBG • State/Other Funds: SHIP Housing Obiective Seven: Provide credit counseling and homeownership training assistance to 100 perspective low-income homebuyers. Goals Actual FY Actual FY Actual FY Actual FY 2005 2006 2007 2008 Build Mixed 200 4 Income Rentals Acquire/Rehab 50 2 Mixed Income Rentals Rehab Low- 100 43 20 18 18 Income Owner Housing Acquire/Rehab 50 4 Low-Income Housing Down Payment 100 15 12 14 7 Assistance Low-Income Housing Build New 20 3 10 14 Affordable Housing Housing 100 460 312 132 204 Consulting Total Housing 520 61 46 46 31 Units c. Housing Accomplishments During FY 2007-08, the City made eighteen rehabilitation loans with CDBG, HOME and/or SHIP funds. Fourteen loans were provided to low-income families and eighteen loans were provided to very-low income families. This activity resulted in expenditures in the amount of $483,684. Item # 3 Attachment number 2 Page 23 of 33 The City offers several programs that help make housing more affordable to very-low and moderate-income homebuyers. The City's Home Ownership Program will lend funds to purchase land, provide down payment assistance, pay impact fees, disposition costs, closing costs and build new homes for income eligible home buyers. Funds in this program are also available to approved non-profit agencies financing their clients home ownership needs. Currently these agencies include: • Clearwater Neighborhood Housing Services, Inc. • Community Service Foundation • Home for Independence • Habitat for Humanity • Largo Area Housing Development Corporation • Tampa Bay Community Development Corporation In addition to loans, housing education and counseling services were provided by four (4) of the City's housing subrecipients. The City has allocated, on a per household basis, $75,000 for housing education. The City provided an allocation to Tampa Bay Community Development Corporation (TBCDC) to administer their Home Buyers Club and for Homeownership Counseling Program, Consumer Credit Counseling Services for budgeting and foreclosure counseling, Community Services Foundation (CSF) for administering the Partnership to Homeownership and Homebuyer Education Program and Lighthouse Credit Foundation for homebuyer counseling. All of the education and counseling programs were funded through the SHIP program. Over 204 individuals/families took part in the education/counseling services during this reporting period. A total of 130 participated in both TBCDC Programs (Homeownership Counseling and Homebuyer Education Programs), 36 participated in Community Service Foundation's Partnership to Ownership and Homebuyer Education Programs, 32 participated from Clearwater Neighborhood Housing Services and Consumer Credit Counseling Service counseled six (6). 9. HOME Program a. Assessment Of Relationship Of HOME Funds The City received an allocation of $538,355 in HOME Entitlement Funds for FY2007- 2008. The majority of the funds were set aside for housing development. The table below shows how funds for the entitlement allocation were budgeted this reporting period: Subrecipient Housing Pool $383,767 Community Housing Development Organizations $80,753 Relocation $10,000 Demolition $10,000 Program Administration $53,835 TOTAL $538,355 Item # 3 Attachment number 2 Page 24 of 33 Funds set aside in the Subrecipient Housing Pool may be used for homeownership rehabilitation; new single-family housing construction, down payment and closing cost assistance, acquisition of real property and other related housing costs. Funds set aside for the Community Housing Development Organization are undetermined. The table below lists the activities by which the funds were expended during this reporting period with the FY 2007-2008 entitlement allocation, program income and reprogrammed funds from prior years. Rehabilitation owner-Occupied $5,000.00 Rehabilitation Rental $1,899.00 Administration/Program Delivery Costs $50,833.67 New Construction - Single Family $500.00 New Construction - Rental $375,000.00 Acquisition & Development 0 Demolition 0 Community Housing Development Organizations $130,472.38 Temporary Relocation 0 Down Payment and Closing Costs Assistance 0 Other 0 Total HOME Expenditures $563,705.05 The City has four (4) certified Community Housing Development Organizations (CHDOs). Clearwater Neighborhood Housing Services, Inc., Largo Area Housing Development Corporation, Mt. Carmel Community Development Corporation, and Homes for Independence, Inc. The FY04 CHDO award went to Homes to Independence to build affordable rental units. The FY05 and FY06 award went to Largo Area Housing Development. The FY07-08 allocation award was not determined. b. HOME Match Report Please see Match Report in Appendix under "IDIS Reports". c. HOME Inspections, Affirmative Marketing Actions, Outreach To Minority And Women Owned Businesses Three (3) rental housing developments previously funded and subject to HOME monitoring were inspected during this reporting period. The housing developments were Wellington Apartments, Fulton Avenue Apartments and Lexington Apartments. Wellington and Fulton Avenue Apartments provide housing for low to moderate- income families and Lexington Apartments provide housing for the elderly. The monitoring visit to Wellington, Fulton Avenue and Lexington Apartments did not show any areas of non-compliance. Item # 3 Attachment number 2 Page 25 of 33 10. OTHER HOUSING PROGRAMS a. State Housing Initiatives Partnership (SHIP) Program During the City's FY07-08, the period of October 1, 2007 through September 30, 2008, the City expended the following dollars in association with the development and preservation of loans for housing units for low to moderate-income families with down payment and closing cost assistance for new and existing units. Down Payment and Closing Cost Assistance Program SHIP Funds Expended $1,081,099 Other Public Funds Expended 0 Private Funds Expended $511,031 Owner Equity $24,011 TOTAL $1,616,141 Funding from this program provided seven (7) families with down payment and closing cost assistance. Five (5) families had income less than 80 percent of the median area income and two (2) families had income between 80 and 120 percent of the median area income. Rehabilitation Program SHIP Funds Expended $282,452 TOTAL $282,452 Funding from this program provided rehabilitation funds to twelve families. Seven (7) families had income less than 50 percent of the median area income and five (5) families had income between 50 and 80 percent of the median area income. Multi-Family Housing Program SHIP Funds Expended $275,000 TOTAL $275,000 SHIP funds were used as a local match ($125,000) for the HOME Program to construct a four (4) unit permanent housing complex for Homeless Emergency Project (Fairburn Apartments). The facility will provide housing opportunities for up to 24 homeless individuals. An additional $150,000 was provided to Kimberly Home to purchase an existing two (2) unit rental facility. The City developed the Foreclosure Prevention Program to provide one-time assistance to low to moderate-income families who had previously been assisted with SHIP funds in order to prevent foreclosure. According to the City's SHIP Annual Report, a total of $1,109,403 in total revenues (allocation, program income and recaptured funds) was deposited into the Local Item # 3 Attachment number 2 Page 26 of 33 Affordable Housing Trust Fund during State FY 07-08. These funds were generated through the following: State Annual Distribution $851,9571 Program Income $257,446 Recaptured Funds 0 TOTAL $1,109,403 b. Emergency Shelter Grants Program The city does not receive any Emergency Shelter Grant Funds. c. Brownfields Program The City of Clearwater, Florida Brownfields Area is one of the city's oldest sections with a low-income, minority population in the most densely populated county in Florida. The City's Brownfields area covers all three of the City's Neighborhood Revitalization Strategy Areas. It has been ten years since the City of Clearwater was awarded its first EPA Brownfields Assessment Pilot grant, and recent events indicate that the city's cleanup and redevelopment of Brownfields properties is still an active campaign. The Clearwater Brownfields Area (CBA), with approximately 244 regulatory listed sites located in over 7,000 properties, is spread across more than 1,842+ acres. Clearwater has the distinction of being the first state-designated Brownfields area in Florida. Clearwater defines Brownfields as "redevelopment opportunities that result in viable economic and community development, residential, and open -space/greenspace projects." The definition reflects a perception of Brownfields that is results-oriented, viewing challenges as opportunities rather than insurmountable liabilities. Over the last decade, Clearwater has moved aggressively to attract funding for its Brownfields program. The City has received a total of $2,641,000 in EPA grants and $1.7+ million in state and other Brownfields related funding. Clearwater has conducted 90 Phase I Environmental Assessments, 15 Phase II Assessments, and fourteen sites have been cleaned up and readied for reuse. To capture the benefits to public health, the City of Clearwater Economic Development & Housing Department Brownfields Program began efforts to develop and implement a Public Health Monitoring Project (PHM). The PHM is funded from the US EPA Brownfields Assessment Grant BF-96486307-0. By integrating public health with Brownfields redevelopment, the physical, mental, social and spiritual well being of individuals, families and the community can be improved. To gain insight about health challenges faced by Clearwater communities, an initial meeting was held with local public healthcare providers. A summary report of the meeting is considered an initial measure to develop a collaborative effort to improve community health, well-being and sustainability. Item # 3 Attachment number 2 Page 27 of 33 Tangible benefits of Brownfields redevelopment can include health clinics, community gardens, parks and recreations area, and health related business (e.g. pharmacies, diagnostic centers). Public health monitoring offers a variety of tools that can be used to identify the public health needs that may be addressed through Brownfields redevelopment. These include mapping of site characteristics, examination of vital statistics and monitoring of health and environment (e.g. asthma surveillance, lead abatement) among other measures. 11. COMMUNITY DEVELOPMENT The City utilized a strategy of diversification when selecting CDBG eligible activities. Funds in the amount of $193,010 were allocated for administration (including Fair Housing activities), $463,276 for housing activities (rehabilitation, acquisition, disposition, etc.), $173,660 for public facilities and improvements and $135,107 for public services. a. Nature And Reasons For Any Changes To Objectives There were no changes or amendments to program objectives. b. Assessment Of Grantee Efforts To Carryout Planned Actions 1. All resources (CDBG, HOME and SHIP) listed in the Consolidated Plan were obtained. 2. The City supported the Homeless Emergency Project in an application for federal funds. 3. In addition to CDBG, HOME and SHIP funds, the City was successful in obtaining private sector leveraging for new housing construction and financing home purchases. c. Actions Of Funds Used Outside The National Objectives All CDBG funds were used for activities that meet the national objectives. d. Acquisition, Rehabilitation And Demolition Narrative Neither the City, nor its subrecipients, acquired or rehabilitated buildings that resulted in the displacement of business, individuals or families as a result of projects funded with CDBG or HOME dollars. All properties that were acquired with CDBG funds were voluntary and mostly vacant parcels. The City's subrecipients purchased all properties acquired during this reporting period. They include Clearwater Neighborhood Housing Service, Inc., Tampa Bay Community Development Corporation, Community Service Foundation, and Habitat for Humanity. When subrecipients become interested in a property they want to acquire, the following steps are required: 1. The Subrecipient informs the property owner they are interested in the property. Item # 3 Attachment number 2 Page 28 of 33 2. The Subrecipient sends out HUD Guide Notice-Disclosures to Sellers with Voluntary, Arm's Length Purchase Offer. 3. The Subrecipient informs the owner they do not have the power of Eminent Domain and the purchase would strictly be a voluntary transaction. 4. If the owner is interested in selling the property, an appraisal is obtained. 5. The Subrecipient determines just compensation for the property. 6. The Subrecipient offers just compensation to the owner. 7. Should the owner agree to the offer, the Subrecipient may purchase the property. 8. If the offer is not acceptable to the owner, both parties walk away from the deal. Temporary relocation benefits were provided to eligible homeowners while their homes were being rehabilitated. Temporary benefits include moving, storage, temporary rents, and utilities. A total of $123,495 was expended to demolish 16 dilapidated vacant rental buildings (former Homer Villas). The demolition of the rental buildings will result in the construction of fifty new single-family homes for low to moderate-income families. The Clearwater City Council approved a Contract For Purchase of Real Property located at 1317 and 1321 Martin Luther King Avenue and 1104 Tangerine Street. The properties located at 1317 and 1321 were vacant and without improvements. The property located at 1104 Tangerine Street is a two-story commercial building. The first floor had an operating bar (Blue Chip Bar) and a vacant restaurant. The second floor had twelve vacant boarding rooms. The full purchase price as established was reached through negotiations with the seller through the seller's real estate agent. On February 1, 2008 State Certified General Real Estate Appraisers Holly B. Isaacs and Charles T. Cowart, MAI, of Issacs Real Estate Services, appraised and valued the properties at $458,600. The funds used to purchase the properties were derived from unprogrammed Community Development Block Grant Program Funds ($466,900), State Brownfields Program funds ($29,050) and other non-federal housing funds ($29,050). The City's Brownfields Program funded, from EPA Grant #BF96486307, a total of $26,300 for a Phase I and Phase II Environmental Site Assessment (ESA). The assessments included an asbestos survey; lead base screening; quality assurance project plan; soil and groundwater activities. No environmental impacts were noted. The purchase of these properties will remove a deteriorating and longstanding blighting impact on the North Greenwood community and will continue the City's efforts to revitalize the neighborhood. The City has begun initial discussions with several non-profit organizations regarding potential partnerships for an end use for the site. e. Economic Development Narrative For FY07-08 the City expended $34,232 for Economic Development Program Delivery. The program delivery costs were associated with managing the economic development loan portfolio. Item # 3 Attachment number 2 Page 29 of 33 f. Limited Clientele Narrative The City and its subrecipients maintain files that document all clients who qualify for the limited clientele designation. g. Loans And Other Receivables Please see Financial Summary Report. h. Lump Sum Agreements The city does not provide lump sums. 12. NEIGHBORHOOD REVITALIZATION STRATEGY AREAS The City of Clearwater's Neighborhood Revitalization Strategy (NRS) is a component of the City's Five Year Consolidated Plan. The strategy was established to promote a flexible design in the City's allocation of funds provided by HUD and CDBG to promote innovative programs in economically disadvantaged areas of the City. The NRS provides for enhanced regulatory flexibility in the program requirements for providing CDBG funds for economic development, housing and public service activities. In terms of economic development relief, the strategy allows job creation or retention efforts by businesses not be hampered by requiring them to track the income of people hired or retained. Economic development activities carried out in the approved neighborhood revitalization areas are also exempt from the aggregate public benefit standards. The relief for public service activities can be viewed in terms of the regulatory requirements that no more than 15% of the total CDBG allocation may be used for public services activities. Under this strategy, all public services offered within the subject neighborhoods and carried out as part of qualified projects by a Community Based Development Organization (CBDO) are exempt from the public service cap of 15%. Therefore, the City will be able to offer a more intensive level of service to stimulate revitalization. This allows the City to address some of the urgent needs of the disadvantaged community by offering job training and other related economic development assistance. In terms of housing relief, the revitalization strategy will allow the City to track scattered site housing units as a single strategy. This will enable the City to provide housing opportunities to not only very-low to low-income families, but to other families who earn between 80-120% of Area Median Income (AMI). This will increase the level of affordable housing units and thereby raise the income level of the neighborhood and in the process create a mixed-income community. There are several non-housing factors that cause a blighting influence on communities. They range from vacant boarded structures, to crime, to lack of commercial/retail activities. To help stimulate economic development opportunities within the North Greenwood Neighborhood, the City took several measures to ensure that the neighborhood would be stable. The City built a new 8,000sf library and a state-of-the-art aquatic/recreational center. In addition, the City provided roadway Item # 3 Attachment number 2 Page 30 of 33 enhancements on Martin Luther King Avenue from Seminole to Palm Bluff Avenue. These were provided from non-federal resources. The NRS includes two different neighborhoods - the North Greenwood Community and South Greenwood Community. They both have their own goals and objectives. The North Greenwood Neighborhood Revitalization Strategy Area has identified the following strategies to improve their neighborhood: • Eliminate poor conditions of structures • Remediate low-level contaminated sites • Reverse declining property values • Expand business opportunities • Create new investment opportunities in the neighborhood • Increase new job training and placement opportunities • Reduce the unemployment rate • Empower neighborhood residents to eliminate crime • Strengthen coordination of community organizations in the redevelopment effort The Lake Belleview (f.k.a. South Greenwood) Neighborhood Revitalization Strategy Area has the same general strategies of the North Greenwood Area. The Lake Belleview area would like to see the following: • Additional educational opportunities of businesses • A new neighborhood training facility • A new childcare facility • Job training opportunities • A community library • New homes • Better social services • Better collaboration of existing organizations • More crime awareness programs The City has taken several steps over the years to address the strategies in the Neighborhood Revitalization Strategy. Steps include developing a flexible code enforcement program, purchasing and demolishing dilapidated buildings, working with local law enforcement to reduce crime, funding outreach programs and providing loans to small businesses. a. North Greenwood Listed below are projects the City has completed over the past few years in the North Greenwood Neighborhood Revitalization Strategy Area. • North Greenwood Branch Library - (2003) • North Greenwood Recreation/Aquatic Complex - (2003) • North Greenwood Apartments Renovation - (2003) • North Greenwood Corridor Enhancements (2006) • North Greenwood Reclaimed Water In this reporting period, the City provided federal funding for several projects in the North Greenwood Neighborhood Revitalization Strategy Area. They include: Item # 3 Attachment number 2 Page 31 of 33 Public Service Willa Carson Community Health Center $15,000 Public Service Homeless Emergency Project - Operational $12,000 Rental Housing Homeless Emergency Project-Fairburn Housing Projects $500,000 Acquisition Blue Chip Bar $535,000 TOTAL $1,062,000 Funding for these programs assisted in meeting some of the strategies identified in the Neighborhood Revitalization Strategy. The funds provided to HEP enabled the organization to tear down the deteriorated structures to build new ones and reinvest in the community. The enhancements will expand business opportunities. b. Lake Belleview The City also is continuing their efforts to rehabilitate homes and develop infill housing in the Lake Belleview Area. For this reporting period the City, along with our Housing Partners, provided funding for one (1) infill home, one (1) down payment assistance loan, and one (1) rehabilitation loan in the Belleview Area. Through the general fund, the city built in 2004 for $2.9 million an aquatic/recreation complex, a skateboard park, a fishing pier on Lake Belleview and new baseball fields. On June 14, 2008, the City of Clearwater partnered with an international organization, Let Them Be Kids, to design and construct a new playground at the Ross Norton Recreation Complex. A volunteer committee led the program and recruited over 300 volunteers to build the playground and install new landscaping. The community chose to dedicate the playground to Arturo Huerta-Cruz, Clearwater's fallen soldier. In addition to providing much needed recreational opportunities, the playground also served as a catalyst to identify emerging community leaders, and helped bring the community together. The playground cost $200,000 raised from grants and corporate sponsors. c. East Gateway District In 2002, the 260-acre Clearwater Community Redevelopment Area was expanded to encompass 201 acres that included the East Gateway District, a distressed neighborhood that serves as the primary gateway to Clearwater's central business district and beaches. The expansion was viewed as a strategic approach to revitalize East Gateway, leverage public-private partnerships for economic development and housing, achieve stability in residential and business areas and increase redevelopment potential. The 176-acre East Gateway neighborhood is characterized by a mixed land use pattern of residential housing interspersed with pockets of poorly maintained rental properties and outdated strip commercial developments. The commercial sector is burdened with a declining business base, deteriorating infrastructure, a mismatch of uses and vacant storefronts. The neighborhood struggles with code issues, homelessness, high rental rates and a negative image of crime due to problematic land uses and businesses. Rerouting of a state road in 2005 diverted traffic away from East Gateway area. Significant decreases in traffic volumes have affected business activity in the neighborhood and further emphasized the need for a targeted Item # 3 Attachment number 2 Page 32 of 33 business development and investment strategy. The East Gateway Task Force, comprised of city staff, was formed in 2005 to develop strategies to bring about positive change in the neighborhood. The Task Force conducted a series of focus group meetings and neighborhood events in 2006 to gain an understanding of neighborhood issues, values and preferences. Input received through the public process was used in developing the East Gateway District Five- Year Action Program, which was adopted by the Community Redevelopment Agency at a public meeting on May 13, 2008. The goals of the Action Program are to: • Engage residents, businesses and other neighborhood interests in the creation and implementation of the action program; • Achieve neighborhood stability by addressing the social, economic and physical issues that plague the area; • Establish a unique and positive identity that instills neighborhood pride and sense of ownership; and • Revitalize the neighborhood to attract reinvestment in private property. The Action Program focuses on the following emphasis areas: 1) safety and security: 2) business environment; 3) neighborhood appearance; 4) economic growth and housing; and 5) Hispanic community integration. Generally, the Action Program will be implemented through: • Application of applicable objectives, policies and design guidelines to redevelopment projects during the site plan review process; • Use of the Public Amenities Incentive Pool; • Public strategies (e.g., Code revisions or new program to address a neighborhood issue); and • Capital improvements projects (public and private). Action Program activities have been assigned to one of two timeframes for implementation over the five-year program period-Years 1 - 2: FY 07/08-FY 08/09 and Years 3 - 5: FY 09/10-FY 11/12. For action items that address particularly challenging issues (chronically homeless) or are highly dependent on outside forces (real estate market), the timeframe to achieve the desired outcome may extend beyond the five-year program period. Such occurrences will be assessed and reported during the monitoring and evaluation process. On an annual basis in conjunction with the City budgeting process, actions items in the outer years (Years 3-5) will be moved into Years 1-2, as appropriate and feasible. While the city provides leadership, technical capabilities and funding for Action Program implementation, a partnership with community stakeholders is also key to achieving neighborhood goals. A new Public Outreach and Communications Plan guides the Task Force in engaging the diverse neighborhood interests in revitalization efforts. In late 2008, two community groups were organized - the East Gateway Stakeholders Advisory Group and the East Gateway Business and Neighbors Association. The city is currently coordinating with the Hispanic Outreach Center, a local social services agency, to capture input from Hispanic-Latino residents through focus groups discussions. Item # 3 Attachment number 2 Page 33 of 33 13. Housing Opportunities For People With AIDS (HOPWA) The City does not receive any HOPWA Funds. uu Item # 3 co it E a> Work Session Council Chambers - City Hall Meeting Date: 12/15/2008 SUBJECT / RECOMMENDATION: 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) SUMMARY: The Clearwater Firefighters' Supplemental Trust Fund is the recipient of monies obtained by the State of Florida from insurance companies doing business within the community. These monies are required to be administered by a Board of Trustees whose composition must consist of two legal residents of the City appointed by the City Council; two City firefighters elected by the firefighters; and a fifth member chosen by a majority of the other four members and submitted to the City Council for appointment. The Board of Trustees is solely responsible for administration of the trust fund. Mr. Going has indicated his willingness to serve a two-year term. The other four members of the Board of Trustees selected Robert Going to be appointed as the fifth member in accordance with Sec. 175.061 of the Florida State Statutes. It is recommended that the City Council, as a ministerial duty, affirm Robert Going as a trustee to the seat for the period of January 1, 2009 through December 31, 2010. Type: Current Year Budget?: Budget Adjustment Comments: Current Year Cost: Not to Exceed: For Fiscal Year: Other None Budget Adjustment: Annual Operating Cost: Total Cost: to Review Approval: 1) Office of Management and Budget 2) Legal 3) Clerk 4) Clerk None Cover Memo Item # 4 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Meeting Date: 12/15/2008 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 US 19 to East Lake Road, at an estimated cost of $434,000 and adopt Resolution 08-27. SUMMARY: Pinellas County has a project to widen/improve Keystone Road from US 19 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 for work to be done in a timely manner and releases Clearwater Gas System from penalty payments. Funding for this agreement is available in capital project 315-96377-363800-532-000-0000. Type: Capital expenditure Current Year Budget?: Yes Budget Adjustment: None Budget Adjustment Comments: Current Year Cost: 434,000.00 Annual Operating Cost: 434,000.00 Not to Exceed: 434,000.00 Total Cost: 434,000.00 For Fiscal Year: 10/1/2008 to 9/30/2009 Appropriation Code Amount Appropriation Comment 315-96377-363800-532- 434,000 Pinellas New Mains & Service Lines 000-0000 Bid Required?: No Bid Number: Other Bid / Contract: Bid Exceptions: None Review Approval: 1) Office of Management and Budget 2) Legal 3) Clerk 4) Assistant City Manager ED 5) Clerk 6) City Manager 7) Clerk Cover Memo Item # 5 01 r• w. s Em Attachment number 2 Page 1 of 1 RESOLUTION NO. 08-27 A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA, APPROVING THE EXECUTION OF A UTILITY WORK BY HIGHWAY CONTRACTOR AGREEMENT WITH PINELLAS COUNTY REGARDING RELOCATION AND INSTALLATION OF NEW NATURAL GAS MAINS FOR THE IMPROVEMENT PROJECT FOR KEYSTONE ROAD FROM US19 TO EAST LAKE ROAD; PROVIDING AN EFFECTIVE DATE. WHEREAS, Pinellas County has a project to widen/improve Keystone Road from US19 to East Lake Road including roadway, sidewalk, other improvements and utilities to include those existing Clearwater Gas System facilities which conflict with the design; and WHEREAS, under the Utility Work By Highway Contractor Agreement, the Pinellas County's general contractor will perform the relocation of existing and installation of new natural gas mains; and WHEREAS, having Pinellas County's general contractor relocate and install the natural gas mains allows for the work to be done in a timely manner and releases Clearwater Gas System from penalty payments; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The City Council hereby accepts and approves the Joint Project Agreement between the City and Pinellas County, identified as Utility Work By Highway Contractor Agreement, Project ID 920522, a copy of which is attached as Exhibit A. Section 2. The City Council hereby authorizes the Mayor and City Manager to sign the Utility Work By Highway Contractor Agreement described in this resolution and associated documents. Section 3. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this day of Approved as to form: Laura Mahony Assistant City Attorney , 2008. Frank V. Hibbard Mayor Attest: Cynthia E. Goudeau City Clerk Resolution No. 0 8tgT # 5 Attachment number 3 Page 1 of 9 JOINT PROJECT AGREEMENT . FOR UTILITY INSTALLATION BY ROADWAY CONTRACTOR PROJECT NAME: KEYSTONE ROAD PROJECT LIMITS: FROM U.S. HIGHWAY 19 NORTH TO EAST OF EAST LAKE ROAD PROJECT NO.: 920522 THIS JOINT PROJECT AGREEMENT (Agreement) made and entered into on the day of , 2008, by and between Pinellas County (County), a political subdivision of the State of Florida, and the City of Clearwater (City), a municipal corporation of the State of Florida, d/b/a Clearwater Gas System, each individually referred to herein as Party and collectively as Parties. WITNESSETH: WHEREAS, the COUNTY intends to construct roadway and drainage improvements to Keystone Road, from U.S. Highway 19 North to east of East Lake Road (Project), which will call for the adjustment, relocation, and/or installation of the City's utility facilities along, over and/or under the Project; and WHEREAS, the above described utility facilities are to hereinafter be designated as the Utility Work; and WHEREAS, the Parties have determined that it would be in the best interest of the general public and to the economic advantage of both Parties to enter into this Agreement for the Utility Work to be accomplished by the County's contractor as part of the construction of the Project. NOW, THEREFORE, in consideration of the sum of One Dollar ($1.00) each to the other in hand paid, the receipt whereof is hereby acknowledged, and in further consideration of the mutual covenants hereinafter contained, it is agreed by the Parties as follows: 1. Utility Work The Utility Work consists of the replacement, relocation or adjustment of four inch (4") and two inch (2") gas mains that are in conflict with the proposed construction, including the installation of fifteen thousand (15,000) linear feet of new four inch (4") polyethylene gas mains, as part of County PID No. 920522, located within the Project limits. Item # 5 Attachment number 3 Page 2 of 9 2. F ndm 2.1 The County will be responsible for the bidding and award of the construction contract and will include the Utility Work as a separate option item in its bidding document. After the County receives, opens, and evaluates the bids, the County will notify the City, in writing, of the County's intent to award the contract. This notification will include the amount for the Utility Work option. The City will have fifteen (15) days from receipt of the County's notification to request, in writing, that the County delete this option, and to notify the County of the City's intent to perform the Utility Work with the City's own forces or its own contractor. In order not to delay the construction of the Project, the City must show that it is ready and able to perform all Utility Work prior to requesting that the County delete the Utility Work option from the contract award. The City does not have the right to delay or affect, in any way, the award of the contract. In the event the City, in performing the Utility Work, causes a compensable delay to the County's construction of this Project, the City will pay all claims and costs incurred due to its delay. 2.2 The City hereby certifies that funding for the preliminary estimated Utility Work cost of Two Hundred Thousand and 001100 Dollars ($200,000.00), plus five percent (51/o) for County construction/contract administration costs in the amount of Ten Thousand and 001100 Dollars ($10,000.00), for a total cost of Two Hundred Ten Thousand and 001100 Dollars ($210,000.00), has been appropriated and is available for deposit into an escrow account for the purpose of payments by the County to the contractor on the City's behalf. The deposit will be due to the County no later than thirty (30) days from the date of notification of the County's intent to award the construction contract. If the option item of the contractor's bid selected by the County for performance of the Utility Work exceeds the amount of the preliminary estimated Utility Work, then subject to and in accordance with the limitations and conditions established by Subparagraph 2.1 hereof regarding the City's option to remove the Utility Work, the City will deposit an amount with the County which equals the total option item plus five percent (5%) of that amount for County construction/contract administration. Interest will accrue on the deposit balance and be used toward Project costs. In the event the final, actual cost of the Utility Work is less than the preliminary estimate of cost, the County will reimburse the City any excess escrow account funds. Should contract modifications occur that increase the City's share of total project costs, the City will be notified by the County accordingly. The City agrees to provide, in advance of the additional work being performed, adequate funds to ensure that cash on deposit with the County is sufficient to fully fund its share of the project costs. The County shall notify the City as soon as it becomes apparent the actual costs will overrun the award amount; however, failure of the County to so notify the City shall not relieve the City from its obligation to pay for the full cost of the Utility Work. 2.3 The County will require the successful contractor to comply with the following conditions. The City shall be responsible for the costs attributed to said compliance with these conditions as part of the Utility Work: 2 Item # 5 Attachment number 3 Page 3 of 9 a. Indemnify, hold harmless, pay on behalf of and defend the County and its agents and employees and the City and its agents and employees from and against all claims, damages, losses and expenses, including, but not limited to, attorney's fees, arising out of or resulting from the performance of the Project or the Utility Work; and b. Provide a dual obligee bond in the full amount of the Project, naming Parties as obligees; and c. Provide insurance coverage with the Parties named as additional insured entities and certificate holders in the sum of $2,000,000 per occurrence and $2,000,000 in the aggregate. 3. Agreement Activities 3.1 The City will prepare, at its expense, the design of plans and specifications for all of the City's necessary Utility Work and reimbursable Utility Work described above and will furnish to the County no later than September 30, 2008 complete and reproducible plans on standard size sheets (I1" x 17" and 24" x 36"), together with a complete set of specifications covering all construction requirements for the Utility Work. These plans and specifications will be complete in every detail and will include a "Summary of Quantities" sheet and/or "Bill of Materials" identifying the items of work with a final estimate of cost (Engineer's Estimate) required to accomplish the Utility Work with said estimate to be satisfactory to the County. The plans and specifications will be signed and sealed by a Registered Professional Engineer in the State of Florida. 3.2 The City will coordinate the development of the Utility Work plans with the County's plans for the Project. The County, upon request by the City, will furnish all available roadway information required by the City for the coordination and development of the Utility Work plans, and the County will cooperate with the City to this end. 3.3 The City will obtain all necessary Florida Department of Transportation or other jurisdiction permits required for construction of the Utility Work. 3.4 The County will issue a "Right-of-Way Utilization Permit" upon execution of the Agreement by both parties. This permit will not be subject to any required fees. 3.5 All surveys for construction of the Utility Work will be furnished by the successful contractor. 3.6 The coordination of the City's Utility Work with that of the roadway contractor and other utilities and/or their contractors will be the responsibility of the County. The City will cooperate fully and immediately to resolve any delays in the construction of the Project occurring as a result of the City's Utility Work. 3 Item # 5 Attachment number 3 Page 4 of 9 3.7 All of the Utility Work done pursuant to this Agreement shall be done in substantial accordance with the plans and specifications of the City, which plans, and specifications are, by reference hereto, made a part hereof. All information required for field changes, change orders or supplemental agreements pertaining to the City's Utility Work will be promptly furnished to the County. 3.8 The City will provide the necessary construction and engineering inspection of the City's Utility Work to determine if construction is in substantial compliance with the plans and specifications. The City's inspector will immediately notify the County inspector of any objections to the Utility Work. 3.9 The City will participate in the design, construction progress meetings, utility coordination, pre-construction, and other meetings as necessary for Project coordination. This includes addendums prior to construction that may affect specific work included in this Agreement. 3.10 All adjustment, relocations, repairs, maintenance, and incidental work ("Incidentals") required to be performed to the City's existing utilities for the Agreement, not included in the Utility Work, will be the sole responsibility of the City. All such work is to be coordinated with the construction of the Project and in a manner that will not cause delay to the County's Project contractor. 3.11 The City's comments and suggestions are invited and will be considered by the County; however, all services and work under the construction contract will be performed to the satisfaction of the County's Director of Public Works and Transportation, who will decide all questions, difficulties and disputes of whatever nature which may arise under or by reason of such contract for Utility Work, the prosecution and fulfillment of the services thereunder, and the character, quality, amount and value thereof; and whose decision upon all claims, questions and disputes thereunder are final and conclusive upon the Parties hereto. 3.12 Upon final completion of the entire Project, which will be determined by the County or designee, the City will own, control, maintain and be responsible for all City utility facilities in accordance with the terms of the Right-of-Way Utilization Permit. The City will maintain and keep in repair, or cause to be maintained and kept in repair, all of such constructed utilities facilities. 3.13 The County will forward all invoices for processing to the City's representative at: Bruce Griffin, Engineering City of Clearwater 400 North Myrtle Avenue Clearwater, Florida, 33755 4 Item # 5 Attachment number 3 Page 5 of 9 3.14 Upon final completion of the entire Project, the County will, within one hundred eighty (180) days, furnish the City with two (2) copies of its final and complete billing of all costs incurred in connection with the work performed hereunder, such statement to follow as closely as possible the order of the items contained in the job estimate and include all monthly payments to the contractor. The final billing will show the description and site of the Project, the date on which the last work was performed or the last item of billed expense was incurred, and the location where the records and accounts bill can be audited. Adequate reference will be made in the billing to the County's records, accounts or other relevant documents. All cost records and accounts will be subject to audit by a representative of the City. 3.15 Upon completion of the entire Project, the Contractor will supply "as-built" ("Record") standard size sheet (11" x 17" and 24" x 36") Utility Work plans to the County, who in turn will, within one hundred eighty (180) days, furnish the City with one (1) set. 3.16 Upon completion of the entire Project, the County will insure that any warranty, including materials, equipment, workmanship and closeout documents, by the contractor constructing and/or installing facilities related to the Utility Work in accordance with this Agreement, is assigned to the City. 4. Project Managers The primary contact for each of the Parties is: 4.1 The Project Manager for the City shall be Bruce Griffin or his designee (City Project Manager), whose telephone number is (727) 562-4900 and whose mailing address is City of Clearwater, 400 North Myrtle Avenue, Clearwater, Florida, 33758. 4.2 The Project Manager for the County shall be Joseph DeMoss or his designee (County Project Manager), whose telephone number is (727) 464-3631 and whose mailing address is Pinellas County Public Works Department, 440 Court Street, Clearwater, Florida 33756. 4.3 Each Party may designate a replacement Project Manager by giving notice of such designation to the other Party in accordance with this Agreement. 5. Records, Reports, and Inspection The County shall maintain financial records, accounting and purchasing information, and books and records for the Agreement. These books, records, and information shall comply with general accounting procedures. All documents related to the Agreement are public record and shall be retained and provided as required by law. 5 Item # 5 Attachment number 3 Page 6 of 9 6. Compliance with Federal, State, County, and Local Laws Both Parties shall comply with all federal, state, county, and local laws, regulations, and ordinances at all times. 7. Responsibilities of the Parties The Parties shall be fully responsible for their own acts of negligence and their respective agents acts of negligence, when such agents are acting within the scope of their employment; and shall be liable for any damages resulting from said negligence to the extent permitted by Section 768.26, Florida Statutes. Nothing herein is intended to serve as a waiver of sovereign immunity by either of the Parties. Nothing herein shall be construed as consent by the Parties to be sued by third parties in any matter arising out of this Agreement. 8. Discrimination The Parties shall, during the performance of this Agreement, comply with all applicable provisions of federal, state and local laws and regulations pertaining to prohibited discrimination. 9. Assignment This Agreement may not be assigned. 10. Sever bility Should any section or part of any section of this Agreement be rendered void, invalid, or unenforceable by any court of law, for any reason, such a determination shall not render void, invalid, or unenforceable any other section or any part of any section of this Agreement. 11. Entire Agreement This Agreement constitutes the entire Agreement between the Parties, and no change will be valid unless made by supplemental written agreement executed by both Parties. 12. Notification All notices, requests, demands, or other communications required by law, or this Agreement shall be in writing and shall be deemed to have been served as of the delivery date appearing upon the return receipt if sent by certified mail, postage prepaid with return receipt requested, to the Project Manger whose address is set forth in Section 4 above, or upon the actual date of delivery, if hand delivered to the Project Manger. 6 Item # 5 Attachment number 3 Page 7 of 9 13_ Waiver No act of omission or commission of either Party, including without limitation, any failure to exercise any right, remedy, or recourse, shall be deemed to be a waiver, release, or modification of the same. Such a waiver, release, or modification is to be effected only through a written modification to this Agreement. 14. Due Authority Each Party to this Agreement represents and warrants to the other Party that (i) it is duly organized, qualified and existing entities under the laws of the State of Florida, and (ii) all appropriate authority exists so as to duly authorize the persons executing this Agreement to so execute the sarne and fully bind the Party on whose behalf they are executing. 15. Headings The paragraph headings are inserted herein for convenience and reference only, and in no way define, limit, or otherwise describe the scope or intent of any provisions hereof. 16_ Approval This Agreement is subject to approval by the Parties. 17_ Fiscal Funding The obligations of the Parties are subject to appropriate budgeted funds being available in each budget year to achieve the purposes of this Agreement. In the event that sufficient budgeted funds are not available in a subsequent fiscal year, this Agreement shall terminate on the last day of the fiscal year for which sufficient budgeted funds are available without penalty to either of the Parties. 18. Term The terms of this Agreement shall commence upon execution of this Agreement by the Parties and shall terminate after completion and acceptance of the Utility Work and upon final payment in accordance with the provisions of Paragraph 3.14 of this Agreement. 7 Item # 5 Attachment number 3 Page 8 of 9 IN WITNESS WHEREOF the Parties hereto have caused this Agreement to be executed by their duly authorized representatives on the day and date first above written. CITY OF CLEARWATER By: (See Ar Print: PINELLAS COUNTY, FLORIDA by and through its Interim County Administrator By: By: Fred E_ Marquis Title: ATTEST: WITNESS: By: (See Attached Signature Page) City Clerk APPROVED AS TO CONTENTIFORM: By. (See Attached Signature Page) City of Clearwater Attorney 8 APPROVED AS TO FORM: By: Office of the County Attorney Item # 5 Attachment number 3 Page 9 of 9 City of Clearwater Signature Page Attachment to: Joint Project Agreement For Utility Installation by Roadway Contractor Project Name: Keystone Road Project No.: 920522 Countersigned: Frank V. Hibbard Mayor Approved as to form: Laura Lipowski Assistant City Attorney CITY OF CLEARWATER, FLORIDA By: Attest: William B. Horne II City Manager Cynthia E. Goudeau City Clerk Item # 5 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Meeting Date: 12/15/2008 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) SUMMARY: The Clearwater Police Department has been a participating member of the AmeriCorps program since 1995, and for the past four (4) years has been the lead agency and grantee for AmeriCorps Clearwater. AmeriCorps Clearwater is a public safety program designed to foster citizen responsibility, build neighborhood unity, provide educational opportunities, and save police officer time by members performing non-hazardous public safety duties. Each full-time program member provides 1,700 hours annually and each part-time member provides 900 hours annually, resulting in a savings of over 18,000 hours of valuable police officer time. This allows police officers to devote more time to hazardous and critical crime mitigation tasks. AmeriCorps members promote a safe and friendlier place to live and visit. They also serve as a conduit for dissemination of information to residents and visitors who are most affected by ongoing changes in the City. The Clearwater Police Department benefits from the members' assistance with community policing efforts and the opportunity to mentor and mold the potential police officers of the future. Eight (8) full-time AmeriCorps members, five (5) part-time AmeriCorps members and one (1) AmeriCorps Program Coordinator are assigned to the Clearwater Police Department. The full-time AmeriCorps members receive a minimum living allowance/stipend of $11,400 per year, and part-time AmeriCorps members receive a living allowance/stipend of $6,035 per year. A continuation funding request and application was submitted and approved by The Corporation for National and Community Service for Federal Assistance in the amount of $122,111. Special Project 181-99265 has been set up for AmeriCorps Clearwater 2009. A budget amendment will provide the cash match with a transfer of $84,895 from the Special Law Enforcement Trust Fund project 181-99331. Type: Other Current Year Budget?: Yes Budget Adjustment Comments: Budget Adjustment: Yes Current Year Cost: $84,895 Annual Operating Cost: Not to Exceed: Total Cost: $84,895 For Fiscal Year: 2009 to 2010 Appropriation Code Amount Appropriation Comment 181-99265 $84,895 Review 1) Clerk 2) Office of Management and Budget 3) Legal 4) Clerk 5) Assistant City Manager 6) Clerk 7) City Approval: Manager 8) Clerk Cover Memo Item # 6 Attachment number 1 Page 1 of 15 2008-2009 STANDARD CONTRACT This agreement is made BETWEEN The Florida Commission on Community Service commonly referred to as Volunteer Florida 401 South Monroe Street Tallahassee, Florida 32301 referred to herein as the "Commission" AND City of Clearwater on behalf of Clearwater Police Department 645 Pierce Street Clearwater, FL 33756-5400 referred to herein as the "Provider" The Provider, to be commonly referenced as AmeriCorps Clearwater will utilize AmeriCorps Members in accordance with submitted proposal (Attachment I1). In consideration of the contracted services by the Commission and of the advantages and benefits received by the Provider by virtue of such relationship, the receipt and adequacy of all of which considerations are hereby acknowledged, now therefore, in consideration of the mutual covenants hereinafter set forth, the parties hereto agree as follows: 1. PROVIDER AGREEMENTS A. Compliance. 1. The Provider must comply with the requirements of the National and Community Service Act of 1990 RS amended and codified as 42 USC 12501 et seq 45 CFR 2510 et seq. The Provider shall also comply with applicable federal cost principles, administrative, and audit requirements as well as all applicable Florida Statutes. Requirements are incorporated in this agreement by reference. 2. The Provider will rectify all compliance issues identified by the Commission in writing within the time period set forth or all future reimbursements will be withheld until the deficiencies are corrected. Written documentation should include how all noted deficiencies were corrected or an acceptable justification, action plan and timeline of compliance for any deficiencies not corrected within the time period set forth. 3. By signing this contract, the Provider acknowledges receipt of the AmeriCorps Provisions and AmeriCorps Regulations. The Provider further agrees to adhere to the most current policies of both governing documents. The Provider is responsible for ensuring that all staff manages the program in accordance with all governing documents. B. Program Name. The Provider may not change the program name without the prior written approval of the Commission. Item # 6 11/10/08 Attachment number 1 Page 2 of 15 C. Program Performance Measures Performance Measures Revisions: Program performance measures may be revised only with prior written approval of the Commission 1. Volunteer Recruitment (Output): 40 volunteers will collectively provide at least 200 hours of volunteer service as measured by volunteer logs. 2. Savin Police Officer Time (Output): After one year, members will save 5,000 hours of police officer time as measured by member timesheets. 3. Savina Police Officer Time (Intermediate Outcome): After one year, members will save a minimum of 5,000 hours of assisting police units with non-emergency details including crime prevention and patrol services that will result in saving $200,000 worth of police officer time. 4. Savin Police Officer Time End Outcome : After one year, members will save a minimum of 5000 firs of assisting police units with non-emergency details including crime prevention and patrol services that will result in saving $200,000 worth of police officer time. As a result, 70% of community stakeholders will report a sense of feeling safer as measured by stakeholder surveys. D. Budget. Both a budget and budget narrative for the delivery of services described in this contract are provided in Attachment III. 1. Match Requirements and In-Kind Contributions a. The Provider must provide matching funds (cash) at a minimum of the percentage stated in Attachment III of the total for Member costs. b. The Provider must provide matching funds (cash) and/or in-kind contributions at a minimum of the percentage stated in Attachment III of the total for all other costs. c. Budget Revisions. The Commission must be notified in writing of all changes and the purposes of changes to the budget. The Commission reserves the right to disallow any revisions. E. Property. The Provider agrees to seek prior approval to purchase any equipment and/or furniture not listed in Attachment III with a purchase price of $1,000 or more to be reimbursed by the Commission. F. Internet Access. The Provider agrees to provide the AmenCorps Program Internet access and e-mail capability as is necessary for program reporting and communication. G. Reporting 1. Monthly Progress Reports. All first year AmeriCorps programs are required to complete a monthly report by the fifteenth (15`h) calendar day of each month Item # 6 1ifIW08 Attachment number 1 Page 3 of 15 during the contract period. The Commission reserves the right to require written monthly reports be submitted at any point during the program year. 2. Progress Reports. The Provider will submit Quarterly Progress Reports via a format approved by the Commission or via other approved on-line reporting systems in accordance with the requirements and prescribed schedule of the Commission and the Corporation for National Service. 3. Disability Community Development Plan. The Provider will submit a plan to recruit persons with disabilities utilizing the format provided by the Program Accessibility Coordinator 30 days after contract execution. 4. Administration of Members with Disabilities Survey. The Provider will provide a time and place for all members to complete the Commission's Survey to Determine the Number of Persons with Disabilities Serving Florida's Communities and ensure the survey is administered according to Commission guidelines. 5. Review of Facilities for Readily Achievable Barrier Removal. The Provider will conduct annually a review of their facilities, policies, procedures and provision of service delivery to ensure any barriers preventing the potential participation of applicants with disabilities are removed or mitigated. 6. Sustainability Plan. The Provider will develop or update a sustainability plan in accordance with the requirements of the Commission. 7. FSR Reports. The Provider will submit Quarterly Financial Status Reports using Form SF269A or a Volunteer Florida standard form or other approved on-line reporting system. 8. Financial Reports for Reimbursement. The Provider will submit to the Commission monthly financial reports for reimbursement consisting of a Periodic Expense Report and Income Report. Both reports are standard forms to be submitted utilizing an approved on-line reporting system. With the exception of the Final Financial Reports, all reports for reimbursement are due 15 days after the end of the period of the report. If circumstances occur delaying the reimbursement request, an explanation should be sent to the Commission before the reimbursement request is due. 9. Final Financial Reports for Reimbursement. The Provider agrees to submit the FINAL REPORT OF EXPENDITURES AND INCOME for payment within forty-five (45) calendar days after the ending date of this contract or the date of contract termination, whichever is earlier. If the Provider fails to submit the final financial reports within the specified time, all rights to payment are forfeited. 10. Supporting Documentation. The Provider will submit supporting documentation for all expenditures for the first quarter. After the first quarter the level of documentation will be determined based on risk. The Provider will be notified in writing by the Commission on the required level of documentation after the first quarter. The Commission reserves the right to review supporting documents at any time during the program period. 11. Property. At the end of the contract the Provider agrees to submit a current inventory list of all property (i.e. equipment and furniture) with a purchase price of $1,000.00 or more bought with funds provided through this contract. This property listing must include a description of the property, model number, serial Item # 6 11/10/08 Attachment number 1 Page 4 of 15 number, date of acquisition, cost, inventory number and information on the location, condition, transfer, replacement or disposition of the property. The Commission reserves the right to retrieve, upon termination of this contract, any and all equipment and furniture purchased with funds provided through this contract, or to receive repayment for funds provided through this contract used in the purchase or any portion of such equipment or furniture. 12. Audits. The Provider agrees to provide the Commission financial and compliance audits of the Provider including the management letter within ninety (90) days of the end of the Provider's fiscal year and to ensure that all related party transactions are disclosed to the auditor. 13. Other Reports. The Provider agrees to provide other reports as may be requested by the Commission by an established deadline. H. Staff Recruitment and Responsibilities 1. Staff positions, duties, responsibilities and the number of staff working in this program may be revised if requested in writing by the provider and approved in writing by the Commission, provided such revisions do not exceed original budgeted amounts for staff. The Provider will hire and maintain 1 Full-time Program Director to be responsible for the overall management of the program. 2. In the event of a change of staff, the Provider agrees to provide new staff with a program operation manual and/or policies and procedures for the AmeriCorps program. 1. AmeriCorps Member Recruitment and Responsibilities 1. Recruit S AmeriCorps Members into full-time service within 60 days of implementation of this contract. Members will be provided with a living allowance in accordance with the AmeriCorps Provisions (Attachment IV).Members will provide direct service in areas outlined in the approved proposal (Attachment 1I). 2. 3. Recruit 5 AmeriCorps Members into half-time service within 120 days of implementation of this contract. Members will be provided with a living allowance in accordance with the AmeriCorps Provisions (Attachment IV).Members will provide direct service in areas outlined in the approved proposal (Attachment II). 4. The Provider agrees to develop and enter into signed agreement with each member using an AmeriCorps Member Contract in compliance with the AmeriCorps Provisions. 5. The Provider agrees to implement the program's Commission approved Community Disability Development Plan to recruit persons with disabilities into the program. 6. The positions, position descriptions, and number of Members serving in this program may be revised if requested in writing by the provider and approved in writing by the Commission. 7. A National Service Enrollment Form must be completed for all Members in an on-line system that is approved by the Commission. The Provider agrees to keep a hard copy of the member enrollment form in a member file. Item # 6 11/10/08 Attachment number 1 Page 5 of 15 8. Member positions may only be revised through a Member Change of Status Form completed via the approved on-line system for each Member for the following conditions: a. suspension; b. ending service early, c. reinstatement to service; d. utilization of the Family Medical Leave Act; or e. transfer to another AmeriCorps program. The program should keep a hard copy in a member file. 9. A National Service Trust End of Term of Service/Exit Form must be completed via an approved on-line reporting system for each Member upon completion of her/his term of service. The program should keep a hard copy in a member file. 10. The Provider will complete forms via the approved on-line system within 30 days upon a member's enrollment in, completion of, lengthy or indefinite suspension from, or release from, a term of service. 11. The Provider will report member service hours to the Commission at least quarterly and will audit and update member service hours at least monthly. The Commission reserves the right to review Member service hours at anytime. J. Partnership Development and Site Agreements 1. The Provider may enter into written agreements with other private and public organizations in the targeted communities to cooperate and coordinate the provision of services under the terms of this contract. 2. Such partnerships may include, but are not limited to, the following agreements: contributions of cash support for the services provided under the terms of this contract contributions of in-kind support for the services provided under the terms of this contract. coordination of service activities to prevent duplication of effort; evaluation of service activities, Member development, etc.; fundraising; promotions or public relations; and provision of member supervision and/or service site supervision. 3. Agreements with partners to provide Member supervision and/or service sites must be in writing, adhere to the AmeriCorps Provisions and Regulations and include the following items: a. description of services to be provided by Members; b. designation of person{s} responsible for member supervision and verification of member service hours; c. description of prohibited member activities; and d. other supervision or programmatic responsibilities. 4. The Provider shall include a list of its partner organizations on materials as appropriate including; a. brochures; b. flyers; c. posters; and d. public service announcements. Item # 6 11/10/08 Attachment number 1 Page 6 of 15 5. Disaster Preparedness, Response, Recovery and/or Mitigation. The Corporation for National Service (under agreement with the Federal Emergency Management Agency) and the Commission (under agreement with the Florida Department of Community Affairs Division of Emergency Management) requires the availability of AmeriCorps Members for assignment to provide assistance in disaster preparedness, response, recovery, and/or mitigation activities. As part of its commitment to community service, the provider agrees to train its members and staff to assist in disaster preparedness, response, recovery and mitigation activities. Volunteers working with the program will be given the option to participate in the training. The types of events that could impact Florida include hurricanes, tornadoes, floods, other weather related events and man-made events, such as hazardous materials accidents. Program members, volunteers, and staff, based on the nature of the program, will be trained to assist with any of the following activities: community preparedness education, shelter operations, mass feeding, debris removal, community outreach, and other disaster recovery related activities. Program members and volunteers may be requested to provide assistance anywhere in the State of Florida. Provider staff and AmeriCorps Members shall serve under the direction and control of the Provider and shall not be considered volunteers to FEMA, DCA or DEM for purposes of Chapter 110(IV) F.S. Requests for disaster preparedness, response, recovery and mitigation assistance will be made on behalf of the Florida Governor's State Coordinating Officer through the Commission's Director of Emergency Management after consulting with the state Corporation for National Service office disaster coordinator. All related activities undertaken by a program will be done in cooperation with the local office of emergency management. Approved expenses incurred as a result of provider activities related to disaster preparedness, response, recovery and mitigation will be reimbursed. According to State of Florida and Federal regulations, non-profit entities responding in times of disaster may request reimbursement from the Federal Emergency Management Agency. Up to 75% of eligible expenses may be reimbursed. The State of Florida, on a disaster specific basis, may cover the remaining 25% of eligible expenses for private non-profit entities. Providers responding at the request of the State Coordinating Officer would be eligible for reimbursement of disaster related expenses. The Commission will furnish the provider with additional information about expenditure reimbursement. Training costs will not be reimbursable unless arrangements are made in advance. The Commission has identified low and no cost training opportunities statewide. Providers may contact the Commission's Director of Emergency Management for specific training questions and opportunities. 6. Training and Technical Assistance. Training and/or technical assistance provided to staff and/or AmeriCorps Members under this contract must be designed to facilitate the improvement of the services, strengthen the development of skills and knowledge for the staff and the AmeriCorps Members, and strengthen the communities in which services are provided. Training and/or technical assistance may be provided directly by the Provider, a community partner (such as a local volunteer center) or other local resources requested from the Commission or coordinated through the Commission. Item # 6 11/10/08 Attachment number 1 Page 7 of 15 L. M. K. Staff and Member Training 1. The Provider will ensure the provision of training and/or technical assistance to ensure successful program implementation and operation. Required trainings include; Volunteer Florida Program Director Meetings; and 2. New program directors must complete the following three (3) disability specific trainings: Disability Awareness and Appreciation, and trainings covering Titles I and III of the Americans with Disabilities Act. 3. Program Directors operating in year two or beyond must complete two (2) disability related trainings each year. Training not provided by the Commission must be approved in advance by Commission staff designated to oversee the Commission's disability inclusion responsibilities. Other suggested topics are, but are not limited to; a. supervisory techniques; b. AmeriCorps member evaluation, c. working with the media; d. AmeriCorps member motivation; and e. report writing L financial/grants management AmeriCorps Members 1. The Provider will ensure the provision of training and/or technical assistance for members. Required trainings include: 2. American Red Cross-certified or comparable CPR and First Aid training; The 3. Provider will have all members trained or certified in CPR and First Aid. Diversity appreciation; 4. Citizenship; 5. Disability awareness and appreciation training adhering to the Commission's approved content. 6. Introduction to Disaster and one additional training in the area of disaster preparedness, mitigation, and/ or response. Other suggested topics include, but are not limited to: a. team building; b. conflict resolution; c. career development; d. Life after AmeriCorps. National Service Activities The Provider will schedule and conduct at least one direct service activity designed for and conducted as part of the Seasons of Service, the designated national service days of the Corporation of National Service, during the contract period. Quality Assurance and Evaluation 1. The Provider will track and document progress made toward accomplishing the performance measures and specific deliverables of this contract. 2. The Provider agrees to facilitate, conduct and participate in technical assistance, external reviews, and other continuous improvement activities related to the services. Item # 6 11/10/08 Attachment number 1 Page 8 of 15 3. The Provider agrees to permit persons duly authorized by the Commission to inspect any records, papers, documents, facilities, goods and services of the Provider that are relevant to this contract, and/or to interview any clients, employees, volunteers, or any other parties affiliated with the Provider to be assured of satisfactory performance of the terms and conditions of this contract. 4. The Provider will conduct a minimum of one survey annually to examine primary stakeholder satisfaction with the program services, including at a minimum to: a. AmeriCorps members; b. service recipients; c. community residents; and d. community partners. 5. Provide any requested information in a timely fashion in the format specified by the Commission; 6. Facilitate contact with community agencies and /or individuals for the Commission or its consultant; N. Records and Documentation. 1. The Provider agrees to maintain records of deliverables, including reports and program and participant data. 2. The Provider agrees to maintain fiscal records and documents (including electronic storage media) in accordance with generally accepted accounting principles and practices which sufficiently and properly reflect all revenues and expenditures of funds related to this grant. 3. The Provider agrees to assure that records will be subject, at all reasonable times, to inspection, review or audit by Commission personnel and/or individuals authorized by the Commission. 4. The Provider agrees to allow public access to all documents, papers, letters, or other materials subject to the provisions of Chapter 119, F.S. made or received by the Provider in conjunction with this contract. The Provider's refusal to comply with this provision will constitute a breach of contract. a. Safeguarding Information. The Provider agrees not to use or disclose information concerning a recipient of services under this contract for any purpose not in conformity with the state regulations (119, F.S) and federal regulations (45 CFR, Part 205.50), except upon written consent of the recipient or the recipient's responsible parent or guardian when authorized by law. b. Assignments and Subcontracts. The Provider agrees not to assign responsibility of this contract to another party or to subcontract any portion of the work contemplated under this contract without prior written approval of the Commission. No such approval by the Commission will be deemed in any manner to provide for the incurrence of any obligation of the Commission in addition to the total dollar amount agreed upon in this contract. All such assignments or subcontracts will be subject to the terms and conditions of this contract and to any conditions of approval that the Commission may deem Item # 6 11/10/08 Attachment number 1 Page 9 of 15 necessary. The Provider agrees to include audit and record keeping requirements in all approved agreements entered into by the Provider for any other subcontracted services in the amount of $25,000 or greater. c. Indemnification. Each party hereto agrees that it shall be solely responsible for the wrongful acts of its employees and agents. However, nothing contained herein shall constitute a waiver by either party of its sovereign immunity or the provision of Section 768.28 Florida Statute. d. Incident Reporting. In compliance with Chapter 415 F.S. and 39 F.S., an employee or agent of the Provider who knows, or has reasonable cause to suspect that a child, elder, or adult with a disability is or has been abused, neglected or exploited, shall immediately report such knowledge or suspicion to the abuse registry operated by the Florida Department of Children and Families on the single statewide toll-free telephone number, 1-800-96-ABUSE (800-962-2873). 0. Sponsorship 1. The Provider agrees to, in publicizing, advertising, or describing the sponsorship of a program funded wholly or in part by the Commission, state "Sponsored by Clearwater Police Department and Volunteer Florida". If the sponsorship reference is in written material, the words "Volunteer Florida" shall appear in the same size letter or type as the name of the Provider. 2. The Provider agrees to incorporate the Volunteer Florida logo as appropriate on all letterhead, brochures, newsletters, business cards, stationery, posters, flyers, and other written and pictorial communication media for all programs funded wholly or in part by the Commission. 3. The Provider agrees to notify the Communications Director of the Commission as soon as possible when engaging in contact with the media; and to provide the Commission's tag line to all media contacts for all programs funded wholly or in part by the Commission. P. Purchasing, Procurement of Materials with Recycled Content. The Provider agrees that any products or materials that are the subject of or required to carry out this contract shall be procured in accordance with the provisions of s.403.7065 and 287.045, F.S. Q. Conflict of Interest. The Provider shall affirm that neither the Provider nor any of its directors, officers, members or employees has any interest nor shall acquire any interest, directly or indirectly, which would conflict in any manner or degree with performance of the service hereunder. The Provider further agrees that in the performance of the service, no person having such interest shall be employed by the Provider. R. Nepotism. No person may hold a job or position with the Provider in which a member of his/her immediate family exercises supervisory authority within the program. A member of an immediate family includes: husband, wife, father, father-in-law, mother, mother-in-law, brother, brother-in-law, sister, sister-in-law, son, son-in-law, daughter, daughter-in-law and separated spouses. S. Sustainability. It is understood that the funding provided by the Commission for this program is "seed money" to be used by the Provider to provide services to the community, with the assistance of the Commission that will eventually be continued and managed locally with minimal federal funds or responsibility for the program. Resources Item # 6 11/10/08 Attachment number 1 Page 10 of 15 that are acquired during the course of this contract will be reported to the Commission utilizing an Income Report in a Commission approved format or on-line system. T. Accessibility and Prohibited Discrimination. The Provider will ensure accessibility and prohibit discrimination in accordance with AmeriCorps Provisions. II. COMMISSION AGREEMENTS A. Reimbursements. Complete and accurate reimbursement requests (Periodic Expense Report and Income Report) will be processed by the Commission and submitted to the Commission's fiscal agent, Tallahassee Community College, for payment. B. Technical Assistance. The Commission agrees to provide or assist the Provider in obtaining technical assistance and training as needed by the Provider for this contract. C. Site Visits. Following any quality assurance/continuous improvement review, the Commission will deliver in a timely fashion to the Provider a written report with comments and recommendations regarding the manner in which services are being provided. D. Contract Continuation. The Commission will notify the Provider in writing of the submission date and requirements for the continuing application and continuation will be executed by contract amendment. III. PROVIDER AND COMMISSION MUTUAL AGREEMENTS A. Effective and Ending Dates. The contract shall begin January 1, 2009 and end on December 31, 2009 B. Contract Funding Amount. The maximum amount reimbursable under this agreement is $122,111. C. Type of Contract. This will be a cost reimbursement contract. Payment for the contracted services will be contingent upon the documented allowable expenditures for the specified contract period. The Commission's performance and obligation to pay for services rendered under this contract is contingent upon available funding from the Corporation for National and Community Service and the State of Florida. D. Ownership and Sharing of Grant Products. The Provider, to the extent possible, agrees to make products produced under this contract available at the cost of reproduction to others in the field. The Commission retains royalty-free, non- exclusive and irrevocable licenses to obtain, use, reproduce, publish or disseminate products, including data, produced under this contract and to authorize others to do so. The Commission may distribute such products through a designated clearinghouse. The Provider may not sell any work that includes the Commission logo without prior Commission written approval. E. Contact Protocol. The primary contact for all matters relating to this program shall be the staff listed in Section H III of this Contract, unless otherwise specified in writing. The primary contact person will notify all parties in writing of alternative contacts should he/she not be available. F. Contract Amendments. All contract amendments will utilize the format of Attachment I and must be executed by authorized representatives of the Commission and the Provider. G. Termination. Item # 6 11/10/08 Attachment number 1 Page 11 of 15 1. Termination at Will. This contract may be terminated by either party upon no less than sixty (60) calendar days notice in writing, without cause, unless both parties mutually agree upon a lesser time. Said notice shall be delivered by certified mail, return receipt requested, or in person with proof of delivery. 2. Termination Because of Lack of Funds. In the event funds to finance this contract become unavailable, the Commission may terminate the contract upon no less than twenty-four (24) hours notice in writing to the Provider. Said notice shall be delivered by certified mail, return receipt requested or in person with proof of delivery. The Commission shall be the final authority as to the availability of funds. 3. Termination for Breach. This contract may be terminated for non- compliance and/or breach of contract by the Provider upon no less than twenty-four (24) hours notice. If applicable, the Commission may employ the default provision in Chapter 60A-1.006(3), fAC. Waiver of breach of any provisions of this contract shall not be deemed to be a waiver of any other breach and shall not be construed to be a modification of the terms of this contract. The provisions herein do not limit the Commission's right to remedies at law or to damages. 4. Overpayment In the event that the Commission, the Provider or an auditor discovers an overpayment has been made, the Provider will repay the overpayment within thirty (30) calendar days unless extenuating circumstances are deemed to exist by the Commission. Item # 6 11/10/08 Attachment number 1 Page 12 of 15 H. Notice and Contact. 1. The name, address and telephone number of the Commission's Program Consultant for the contract is: Ericka Zdenek, Program Consultant 401 South Monroe Street Tallahassee, Florida 32301 (850) 922-0471 eri ck46 vol unteerflorid a. org OR Amieko Watson, Director of National Service 401 South Monroe Street Tallahassee, Florida 32301 (850) 414-2976 amieko(cUVOlunteerflorida.org 2. The name, address, and telephone number of the representative for the Provider responsible for the administration of the program under this contract is: Rebecca Davis AmeriCorps Program Director Clearwater Police Department 645 Pierce Street Clearwater, FL 33756-5400 (727) 562-4142 Rebecca. davi s (amycl earwater. com 3. In the event that different representatives are designated by either party after execution of this contract, notice of the name, address and telephone number of the new representative will be rendered in writing to the other party and said notification attached to originals of this contract. 1. All Terms and Conditions Included. This contract and its attachments as referenced below contain all the terms and conditions agreed upon by the parties. Attachment I - Contract Amendment Form Attachment II - Approved AmeriCorps Proposal Attachment III Approved Budget and Budget Narrative Attachment IV - AmeriCorps Provisions Item # 6 11/10/08 Attachment number 1 Page 13 of 15 IN WITNESS THEREOF, the parties hereto have caused this contract to be executed by their undersigned officials as duly authorized. PROVIDER Countersigned: Frank V. Hibbard Mayor Approved as to form: Robert J. Surette Assistant City Attorney COMMISSION Signed by: Signature Wendy Spencer Chief Executive Officer Date CITY OF CLEARWATER, FLORIDA By: William B. Horne II City Manager Attest: Cynthia E. Goudeau City Clerk Item # 6 Attachment number 1 Page 14 of 15 ATTACHMENT I Amendment FORMAT This amendment is made BETWEEN The Florida Commission on Community Service 401 South Monroe Street Tallahassee, Florida 32301 referred to herein as the "Commission" AND City of Clearwater on behalf of Clearwater Police Department 645 Pierce Street Clearwater, FL 33756-5400 referred to herein as the "Provider" amends Contract 1. Section , Paragraph is hereby amended to read: 2. This amendment shall begin on or on the date on which the amendment has been signed by both parties, whichever is later. 3. All provisions in the contract and any attachments thereto in conflict with this amendment shall be and are hereby changed to conform with this amendment. 4. All provisions not in conflict with this amendment are still in effect and are to be performed at the level specified in the contract. 5. This amendment and all its attachments are hereby incorporated into and made a part of the above cited contract. IN WITNESS THEREOF, the parties hereto have caused this contract to be executed by their undersigned officials as duly authorized. Countersigned: By: Frank V. Hibbard Mayor Approved as to form: Attest: Robert J. Surette Assistant City Attorney CITYOF CLEARWATER William B. Horne II City Manager Cynthia E. Goudeau City Clerk Item # 6 11/13/08 Attachment number 1 Page 15 of 15 THE FLORIDA COMMISSION ON COMMUNITY SERVICE, commonly referred to as VOLUNTEER FLORIDA By: Wendy Spencer Executive Director Approved as to form: Attest: Ite?? ?% Work Session Council Chambers - City Hall Meeting Date: 12/15/2008 SUBJECT / RECOMMENDATION: 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) SUMMARY: • 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 (3) 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 is currently projecting a budget shortfall of $119,470.00, 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-September 30, 2008, CHIP provided over 30,000 services to nine hundred (900) unduplicated individuals in the day service program. The current average per day is eighty (80) homeless individuals for whom there is no bed space in the shelter. • The impact of this program termination will place an additional average of eighty (80) homeless persons in the East Gateway and downtown areas of Clearwater. A first quarter budget amendment will transfer $119,470.00 of General Fund Unappropriated Retained Earnings to special project 181- 99274, "Homeless Shelter", to provide funding for this program. Type: Other Current Year Budget?: None Budget Adjustment Comments: Current Year Cost: Not to Exceed: For Fiscal Year: 2008 to 2009 Appropriation Code Amount 181-99274 $119,470.00 Budget Adjustment: Yes Annual Operating Cost: $119,470.00 Total Cost: $119,470.00 Appropriation Comment Review Approval: 1) Clerk 2) Office of Management and Budget 3) Clerk 4) Assistant City Manager 5) Clerk 6) City Manager 7) Clerk Cover Memo Item # 7 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Meeting Date: 12/15/2008 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, in consideration of receipt of $1.00 and the benefits to be derived therefrom. (consent) SUMMARY: Pinellas County has finalized plans for its proposed Allen's Creek Erosion Control Project for Allen's Creek from Beverly Lane to Magnolia Drive. The early 2009 project will re-channel the creek into its historic alignment, construct two sheet pile dams to control flow, and stabilize the creek banks with gabion walls. The City and County will share future maintenance of the facilities. The project covers a linear distance of approximately 1632 feet and extends through portions of incorporated Clearwater and unincorporated Pinellas County. The County has acquired sufficient authority in the form of perpetual easement or temporary "rights of entry" from four impacted property owners outside the City limits, and the City has acquired similar authority from fourteen of the property owners within its corporate limits. The subject easement provides authority for the project improvements, together with perpetual rights for the City to maintain the improvements. Review Approval: 1) Legal 2) Clerk 3) Assistant City Manager 4) Clerk 5) City Manager 6) Clerk Cover Memo Item # 8 ¦ ¦ ¦ Attachment number 1 ¦ Page 1 of 6 Ay ¦ O ¦ ¦ ¦ ¦ ¦ 1 F. 21 ¦ 1f ¦ a Item # 8 ¦ ¦ ¦ ¦ 1f - ¦ ¦ ¦Attachment number 1 Page 2 of 6 ¦ ¦ ¦ 4',I'I III i ¦ ¦ ,p ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦ G ¦ Item # 8 M Attachment number 1 Page 3 of 6 Item # 8 ¦ ¦ ¦ ¦ AttacRnent number 1 ¦ Page 4 of 6 ¦ xx ¦ i ¦ 0 1 tits ¦ ¦ ¦ ¦ ¦ ¦ Item # 8 1. ?¦ Mnpw--7 ¦ ¦ ¦4 Attachment number 1 Page 5 of 6 ¦ 9 ¦ ?_?-" _ ?? {.}rte. -},w' :',r"5L.'4.? _.:i!<'. _ ? ;?? 5, ?.kS ?? ,•,?`.`. ? :4•' '•? :'x. . s ?:1.•'N; F. C, Item # 8 ?1 ¦ ¦ ¦ R Attachment number 1 Page 6 of 6 ¦ ¦ ¦ F¦ R ¦ ¦ Item # 8 ¦ ¦ Attachment number 2 Page 1 of 1 .. .... j Q w U Z >> Q ROGER.S Q > EY: ? w Q .; ST a """'Turner Druid F PINE ST Q,. w } Z p p m o Lij Q D Q J. Y CZO L N DF 0 -j Of 1 a w a m ry QW cLix fn S DR (3 0 DRUID RD w c ..? , ; o w > o p > Q Q m ....., Q <PON S T z CROYDON - o DR EASEMENT = o O p z 0 KENMOORE DR 77 m DR O Q LL W 0 LIA w °- X O MAGNOLIA } Z Z W O Y , j Q O RIPON DR w w 0 m RIPON DR z z ? OAK LAKE DR . j Z, JEFFORDS ST KENDALL DR ....: 0 0 REBECCA. DR REBECCA E O MEADOW LA O p O O BEVERLY p CIR N v? Y O BRENTWOOD O m DR z J SANDRA DR w SANDRA SEVER DR LAKEVIEW RD CR-488 w > o D 0 0 Q p p p p p p p (D DR w Q GRACELYN p Y Mart ha o' Q w O ED w p w CORONET LA DIPLOMAT DR - v N rwater J GOODELL DRAINAGE & UTILITY EASEMENT W E Prepared by: Engineering Department Geographic Technology Division S 100S . Myrtle Ave, Clearwater, FL 33756 Ph: (727)562-4750, Fax: (727)526-4755 www.MyClearwateccom Map Gen By: SF Reviewed By: EB Date: 11/7/08 Grid #: 308A e S-T-R: 24-29s-15e m # 8 Scale: 1 "=600' Work Session Council Chambers - City Hall Meeting Date: 12/15/2008 SUBJECT / RECOMMENDATION: 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. SUMMARY: • 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 $1000 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 Temorary Parking Lot Lease will continue to be in effect throughout the remaining term of this agreement. • First Quarter amendments will increase revenue (0435-00000-344562) by $315,840 and operating costs (0435-01333-550400) by $3,240 for monthly communication fees. • The available balance in capital project 315-92636 is $175,213.48. A first quarter amendment will transfer budget and parking revenue of $37,000 from the Capital Improvement Program project Parking Lot Resurfacing, 0315-92630, to Parking Lot Improvements, 0315-92636, to provide sufficient funding for the improvements for these additional parking spaces. • An additional first quarter amendment will transfer budget and parking revenue of $63,000 from 0315-92630 to 0315-92636 to provide funding for proposed and potential parking lot improvements that may arise on the beach or in downtown. After the combined transfer of the $100,000 from 0315-92630 sufficient funding will remain available in the Parking Lot Resurfacing project to meet the project's requirements. Type: Other Current Year Budget?: No Budget Adjustment Comments: Amendment for FY 08/09 Budget. Current Year Cost: Not to Exceed: For Fiscal Year: Appropriation Code 0315-92636-562000-545-000 0435-01333-550400-545-000 Budget Adjustment: No N/A Annual Operating Cost: Total Cost: to Amount Appropriation Comment $211,900 $3,240 Cover Memo Item # 9 Bid Required?: No Bid Number: Other Bid / Contract: Bid Exceptions: None Review 1) Office of Management and Budget 2) Legal 3) Clerk 4) Assistant City Manager 5) Engineering 6) Office of Management and Approval: Budget 7) Engineering 8) Office of Management and Budget 9) Legal 10) Clerk 11) Assistant City Manager 12) Clerk 13) City Manager 14) Clerk Cover Memo Item # 9 Attachment number 1 Page 1 of 4 FIRST AMENDMENT TO BEACH WALK TEMPORARY PARKING PATEL PROPERTY LEASE AGREEMENT THIS FIRST AMENDMENT TO THE TEMPORARY PARKING LEASE AGREEMENT is made and entered into this day of , 20087 by and between K and P Clearwater Estate, LLC, 100 Coronado Drive, Clearwater Beach, Florida 33767, herein called the "Lessor", and The City of Clearwater, a Florida Municipality, 112 South Osceola Avenue, Clearwater, Florida, 33756, herein called the "Lessee". WITNESSETH: WHEREAS, Lessor and Lessee agree to this First Amendment to the Temporary Parking Lease Agreement pursuant to the terms described herein. NOW, THEREFORE, in consideration of the premises and the mutual covenants contained in this First Amendment to the Temporary Parking Lease Agreement, Lessor and Lessee hereby agree as follows: Paragraph 3 of the Temporary Parking Lease Agreement shall be amended as follows: RENT. Exhibit A, once finalized, will provide a detailed itemization of Lessee's incurred cost for improvements done to the Demised Premises, and such costs are not to exceed $150,000.00. Lessee agrees to pay the sum of $120 per parking space monthly due on the 1 st of each month beginning March 1, 2007. Simultaneously with the execution and delivery of this lease, the Lessee shall pay the first month's rent. Lessee agrees to lease a minimum of 67 203 total parking spaces the fire month and an additional 36 parking manes beginning nn Onril 1 _0007 nn the came tormc onr! nnnrlitinnc, increased from a formerly agreed to minimum of 103 total parking spaces; however, 6 of the total spaces shall be designated nonrevenue-generating, disabled parking spaces. Moreover, upon this Amendment taking effect, Lessor agrees to forgo collection of rent from the revenue-generating parking spaces, and allowing the Lessee to deduct the amount rent due against the total cost of improvements until the Lessee has recovered the total cost of improvements, as indicated by Exhibit A, which shall not exceed $150,000.00. As such, payment shall be first due to Lessor only after Lessee has recovered improvement costs and will be remitted to Lessor on the first of each subsequent month until the termination of this Lease, on only the 197 revenue-generating parking spaces. 2. Paragraph 5 of the Temporary Parking Lease Agreement shall be amended as follows: Item # 9 Attachment number 1 Page 2 of 4 LEASEHOLD. The Lessor leases to the Lessee the following described property ["Demised Premises"], including all improvements thereon, located in Pinellas County, Florida, to wit: a The evicting dirt and milling s let just s outh and ea st of G ulf NA & i Re, ,I -- Av and enue Perth o f . crr , vicav vv , F=irst Oven, ,e as denietRd o n Rvhihit " A" of this lea se agreement whinh is legate d nn the n orthern Perti en of th e ro ert listed On ara ra h G below- p p y p g p . h The exi ton aved arkin let i, ,st sn, th of First Aver, ? p p g and just west of Ave nue as de en E iGted xhibit " A" A l p - this lease agreement ? Mhinh is Innater! nn the easter n Pertie n of . the ro ert deSGribed i p p y area E Other suitable arkin s as ma he agreed t o b the p g I essnr anr! I essee y y d Le tien of the R n al DeSGri tire D rn P p ?frem Whi nh the . g p ortions listed in ara ra hs a r T o P and h are v •`T to be p p g p ?esnriher! ac- Parcel No. 1: Lot 1, Block "A", Columbia Subdivision, according to plat thereof recorded in Plat Book 23, Page 60, Public Records of Pinellas County, Florida, together with the vacated Southerly 1 foot of Gulf View Boulevard adjacent to said Lot 1, and the vacated westerly 1 foot of Coronado Drive adjacent to said Lot 1, said vacated portions being shown by Resolution filed November 27, 1959, in O.R. Book 757, Page 40, Public Records of Pinellas County, Florida, and also Lots 44, 45, 46, 47, 90, 91, 92, 93, 94, 95, 96, and 97, The Lloyd-White-Skinner Subdivision, according to plat thereof recorded in Plat Book 13, Pages 12 and 13, Public Records of Pinellas County, Florida, together with the vacated westerly 1.86 feet of Coronado Drive adjacent to said Lot 93. Parcel No. 2: Lots 48, 49, 50, 51, 52, and 98, The Lloyd-White-Skinner Subdivision, according to the map or plat thereof as recorded in Plat Book 13, Page 12, Public Records of Pinellas County, Florida. Parcel No. 3: Lot 55, North 40 feet of Lot 56, South 20 feet of Lot 101, all of Lot 102, and the North 30 feet of Lot 103, Lloyd-White-Skinner Subdivision, according to the map or plat thereof as recorded in Plat Book 13, pages 12 and 13, public records of Pinellas County, Florida. Parcel No. 4: Lots 53, 54, 99, 100 and the Northerly 30 feet of Lot 101, Lloyd-White-Skinner Subdivision, according to the map or plat thereof as recorded in Plat Book 13, pages 12 and 13, public records of Pinellas County, Florida. Item # 9 Attachment number 1 Page 3 of 4 3. Paragraph 6 of the Temporary Parking Lease Agreement shall be amended as follows: USE OF PREMISES. Lessee shall have the use of the entire Demised Premises. entirre a eO desrrihed in paragraphs 5a 5band Fn gf this crTST? .c-rp agreement.. Lessee covenants and agrees to make no unlawful, improper or offensive use of the Demised Premises. At the termination of this lease, Lessee agrees to return the Demised Premises, including all fencing and gates, to the Lessor in as good condition as at the effective date of this agreement, subject to normal wear and tear and subject to the existence of the agreed improvements listed in Exhibit "A". 6 2 All K & P em lo ees a ents and inviteess shall have red unfe tte . ? p y , g - mined b K & D s and effires G61prentl to all buildin - - and Innoted y g y r ship of en the De-miser! Promises KBD shall retain owne parking spares evrh isiyel ees ag fer the use of its emple ten (10) ents and y y ?ivtRR S; 4. All of the terms and conditions of the Temporary Parking Lease Agreement are incorporated herein by reference and shall continue in full force and effect throughout the remaining term of this Agreement. IN WITNESS WHEREOF, the parties have authorized the below signed officers to execute this First Amendment to the Temporary Parking Lease Agreement on the date first above written. WITNESSES: Print Name: Print Name: Countersigned: Frank V. Hibbard Mayor K&P Clearwater Estate, L.L.C., a Florida limited liability company By: Print Name: Title: CITY OF CLEARWATER By: William B. Horne, City Manager Item # 9 Attachment number 1 Page 4 of 4 Approved as to form: Camilo A. Soto Assistant City Attorney Attest: Cynthia E. Goudeau City Clerk Item # 9 Attachment number 3 Page 1 of 1 "Exhibit A" Page 2 of 2 Inventory of Improvements to Temporary Parking Lot: • Perimeter curbing • Regularly spaced Cabbage Palms in cluster of three surrounding perimeter of lot with irrigation • Regularly spaced decorative fountain grass surrounding perimeter of lot with irrigation • Smooth graded millings • Decorative fencing as needed to direct pedestrians near pay stations and to nearest pedestrian crossings. • Wheel stops for all parking spaces. • Lighting • Appropriate directional and parking signs • Removal of improvements upon termination of lease Costs yet to be determined but not to exceed $150,000. Item # 9 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Meeting Date: 12/15/2008 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 1/4 of Section 19, Township 27 South, Range 17 East, Hillsborough County, Florida; declare same as surplus for the purpose of granting an option to extend said Lease for one additional term of five (5) years, and consent to the Assignment, Assumption and Modification Agreement integral therewith by and between Silver Dollar Trap Club, Inc., Silver Dollar Shooters Resort, L. L. C. and NHC-FL8, L. P., and authorize the appropriate officials to execute same. SUMMARY: On February 14, 1994 the City entered into a fifteen (15) 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. 3. Obligates both the Original Lessee and the Successor Lessee to fulfill all lease obligations to the City on a pro-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 (5) 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. Review Approval: 1) Office of Management and Budget 2) Legal 3) Clerk 4) Assistant City Manager 5) Clerk 6) City Manager 7) Clerk Cover Memo Item # 10 M 1?yl I Attachment number 1 Page 1 of 26 Item # 10 J ¦ M w Attachment number 1 Page 2 of 26 Item # 10 M M A HEM 211 N ill Attachment number 1 Page 3 of 26 N - ram : Item # 10 ¦ Y ¦ ¦ ¦ ¦ ¦ R 3 ¦ ¦ ral 1 ¦ I ¦ ¦ Attachment number 1 Page 4 of 26 ¦ r ¦ ¦ Attachment number 1 Page 5 of 26 ¦ ¦ ¦ ¦ ¦ ME EE ¦ ¦ ¦ ¦ SIC 0 ¦ Item # 10 -ANSIMM 90M MEMENROM I= !!i MW= NM Q ¦ Attachment number 1 Page 6 of 26 ¦ ¦ i Item # 10 ¦ ¦ .4 Attachment number 1 Page 7 of 26 ¦ ¦ ¦ ¦ i ¦ ¦ ¦ a ?u I Item # 10 ¦ ¦ ¦ ¦ t'a ¦ C6 Attachment number 1 Page 8 of 26 ¦ ¦ ¦ ¦ ¦ NEW am= MM ¦ ¦ Item # 10 ¦ Ev WL % 1 ¦ 1 p i 1 v ¦ Item # 10 ?i logo= 06 50 mmmu& mwAm maim IV t I ¦ ¦ ¦ M ¦ Attachment number 1 Page 10 of 26 ¦ ¦ ¦ 1 ¦ r?'a ¦ Item # 10 ¦ ¦ ¦ ¦ ¦ ¦ _+ Attachment number 1 Page 11 of 26 Item # 10 now= EL lffMM MEW MMUM NNEW so MM ¦ ¦ ¦ ¦ IV Attachment number 1 Page 12 of 26 R *-,E ¦ ¦ Item # 10 ¦ ¦ ar d; ¦ .rIMM=-MWE-= Attachment number 1 Page 13 of 26 ¦ 54 ¦ ¦ ¦ MAMINKNIM N II ¦ ¦ t,.#- a ?J?..?{,??*C'{? .t t?{. 4- '?4 r?. t:ttz' -?r 1 +:?i4'•. 4, 'i .4 _ ..?`: e.: - .??.c.r:.a•?J, .#? :'.#.;?;?+. _ri3 ? r = !? k"[1 ?4'ti'.c ^-??'_?•: ,. S ?'. _? '<'n'T,?.:??}?r_ ii???'?, " y?'ry yr: 3 ran'.. ?r. ??.?` ??? ?' ?t,` :f"}i'4 •r? ?;:.+?. :r.'=SC???:???d#, c7 ?M1 {? svr. ;'?.r ?`_: ".-. .r4N c.n_ >':=F5 ";?:"... v`r"r?.. 4't'?...?.,•,y`. .:• 7+ _.. .ti..x?p art" ':f:• $? {.c'c- ,y:-•r:'. ,:,7:rw?.: f<.?_-n 4., :1?. :#r3._.?F,? k• -??. ? '•.'?*:Y .,.$k y''.. }.;v y,?';'.??'g k.?,L,?„{v C:??' ._. y - iZ,_. f.,h'T. 3}{ .^^.?.M1`-_ .?"?",? i ??f?t?i'':c?: J? ?;Y???'??c..s•... '- }{'r w i. Y ,}a ry '?" ??'` 4w .1 ?.>'4 vs?.Y: ?:' S ??r'_• .?',:. t ?.tr57 ?:Y:._ • ?t M1??:S'k?.4.. ?• MKS:': :.#..? ?e R?r 5} [?_-. •?.r. ..? %"+..i ''?"r.',.'+ ?t=i5ti?'_ ,.. 'x.5": -e:4 tiy:_ ss°.!:{ .`k;-2;f '.-,^+=xi Je:`•' "? ..,.r. •.?.._.r- "'?' "? '??t:.t 's< Y ?, ?v .,.t"f,?"'A {.:r. ?c`>:°??":! ? ? r,?ifr'' ?{J ?'r=}S' '-iyt?• sY ??'r z> f ?+ ?r Item # 10 1 0 Attachment number 1 Page 14 of 26 .??."_ - SvCv? 777.7.1 } ?1 Nµ. ..:.k: {\. SLt 4<k y?y?F ?'?_`. \ ?' ?'?'?'t :r"\.. ry?"rs-? 1" tS,4.4 '.'y -"• 1 }: ".'t }. k < ?; ?i.._l .. ? -mix= 1 ?.^ ro r ,"t 71 f r . r y ': ki }.. Fy i}L? y ' M1S,Y:?.{ ", 1'v .?i':•'1_ h" {•,- ,4" Item # 10 ¦ MMUMM& 21' Attachment number 1 ' ¦ Page 15 of 26 ¦ ¦ NO= Emu 1wlFj@§WCvMM BENIN= w ¦ .l f ¦ R ¦ ¦ Attachment number 1 f Page 16 of 26 ¦ R ¦ ¦ Item # 10 ¦ ¦ ¦ ¦ Attachment number 1 ¦ Page 17 of 26 r ¦ Item # 10 ¦ ¦ ¦ ¦ w ¦ Item &10 1 ¦ 1 -' Attlihment number 1 M W Page 19 of 26 JI .l Item # 10 ¦ 11 { ¦ ¦ Attachment number 1 Page 20 of 26 1 ¦ r 1 F? 7 ¦ Ti Item # 10 ¦ ¦ ¦ 11 • ,y ¦ ¦ ¦ Attachment number 1 Page 21 of 26 1 I ¦ R ¦ ¦ 1 % EL ¦ i -- ¦ a MAN 7 RME&EMM ¦ ill} M ¦ Item # 10 i ¦ ¦ ¦ ¦ ¦ 11 ¦ ¦ ¦ Attachment number 1 Page 22 of 26 ¦ ¦ .norm ¦ ¦ ¦ ¦ ¦ ¦ ;91! ¦ M Item # 10 ¦ ¦ ul i an no 23 of number 1 Page 23 of 26 Jakso Brooker Lake i t j Sunset Lake' Parcel E 414.93 Ac. + _ Q Q Q; Garden. Z Lake Bo?SCOUr NOTE: THIS IS NOT A SURVEY!! ROAD ti c a 18 17 19 20 Parcel D 210.85 Ac. + N89°24'37'E 300.00'-\ Parcel B Parcel C F a 0.50 Ac. + • / M PARCEL B-1 (Silver Dollar) / L0 ? Parcel A M 57.33 Ac. ± M 01 .0 - Sold N N Parcel 8 O.R. 6275 192.67 Ac. + - 1231 W / O O N Z / P.O.B. S89°24'37W 19 20 L 1479.66' SE CORNER SEC 19 S89°24'37 W 300.00' EXHIBIT 57A7! DRAWN BY TLM DWG. NAME HILL.S.DWG DATE Item $?/?? ¦ Pi 1 4ttachment number 1 Page 24 of 26 Item # 10 IM J'?.4???_ ?£rx5':'1.}?:?w'83:?'.'.3_"-`./-:_ ¦ M Attachment number 1 Page 25 of 26 Item # 10 ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦ Attachment number 1 Page 26 of 26 ¦ ¦ jWMEMM" F. ¦ ¦ ¦ ¦ NJ ,NI ¦ Item # 10 ¦ Attachment number 2 Page 1 of 32 ASSIGNMENT, ASSUMPTION AND MODIFICATION AGREEMENT THIS ASSIGNMENT AND ASSUMPTION AGREEMENT (this "Agreement") is made and entered into as of the day of , 2008, by and between Silver Dollar Trap Club, Inc. ("Assignor"), a Florida corporation whose address is 16316 Patterson Road, Odessa, Florida, 33556; Silver Dollar Shooters Resort, L.L.C. ("Assignee"), a Delaware limited liability company whose address is Two North Riverside Plaza, Suite 800, Chicago, Illinois 60606; and NHC-FL8 L.P. ("Licensee"), a Delaware limited partnership whose address is Two North Riverside Plaza, Suite 800, Chicago, Illinois 60606. WHEREAS, Assignor and the City of Clearwater, a municipal corporation organized and existing under the laws of the State of Florida ("Lessor"), previously entered into that certain Lease dated February 14, 1994, a copy of which is attached hereto as Exhibit A (the "Lease"), which Lease is incorporated herein by reference. (Capitalized terms not defined herein that are defined in the Lease shall have the meaning as defined in the Lease.) WHEREAS, Assignor and Licensee entered into that certain License Agreement in February, 1999, a copy of which is attached hereto as Exhibit B (the "First License Agreement"), which License Agreement is incorporated herein by reference. WHEREAS, Assignor and Licensee entered into that certain License Agreement on February 1, 2000, a copy of which is attached hereto as Exhibit C (the "Second License Agreement"), which modified the First License Agreement (the First License Agreement and Second License Agreement are referred to herein collectively as the "License Agreements"); WHEREAS, as more fully set forth therein, pursuant to the Lease the City leased to Assignor a parcel of property specified in the Lease. WHEREAS, as more fully set forth therein, pursuant to the License Agreements Assignor granted to Licensee a license to use the License Area as defined in the License Agreement, which License Area Assignor had leased from the City pursuant to the Lease. WHEREAS, Assignee now desires to assume the Lease from Assignor, Assignor desires to assign the Lease to Assignee, and Assignor and Licensee desire to modify the License Agreements. NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Assignor and Assignee hereby agree as follows, effective as of the date of this Agreement: 1. Assignment. Assignor hereby grants, assigns and transfers to Assignee all of Assignor's right, title and interest in, to and under the Lease. 2. Assumption. Assignee hereby accepts the foregoing assignment and assumes and agrees to be bound by and perform all of the future obligations of Assignor under the Lease. Item # 10 Attachment number 2 Page 2 of 32 3. Indemnities. (a) Assignee hereby agrees to indemnify and hold harmless Assignor from and against any and all claims, liabilities or expenses attributable to Assignee's failure to fulfill any future obligation under the Lease, except to the extent that the events giving rise to any such claims, liability or expenses occurred before the execution date of the First License Agreement in February, 1999; and (b) Assignor hereby agrees to indemnify and hold harmless Assignee from and against any and all claims, liabilities or expenses resulting from Assignee's agreement in paragraph 2 above to the extent that the events giving rise to any such claims, liabilities or expenses occurred before the execution date of the First License Agreement in February, 1999; and (c) notwithstanding any provisions of the Lease, License Agreements or this Assignment to the contrary, both Assignor and Assignee jointly and severally agree to indemnify and hold Lessor harmless from and against any and all liabilities of whatever nature arising from commencement and throughout the full term of the Lease as it may be amended from time to time. It is mutually agreed by and between Lessor, Assignor and Assignee that barring any other mutually acceptable resolution to complying with the requirements of this provision, Assignor and Assignee shall share the full costs and expense of fulfilling all obligations to Lessor under the Lease on a pro- rata basis from lease commencement through final lease termination, and in no event shall the Lessor be liable for any obligation, specifically environmental remediation accruing during the term of the Lease. 4. Modification of the License Agreements. Assignor and Licensee hereby agree that the License Agreements are hereby modified and amended to provide that the License Agreements shall expire at the time this Agreement becomes effective. 5. Power and Authority. Each party hereby represents and warrants to the other parties that it is fully empowered and authorized to execute and deliver this Agreement. 6. Successors and Assigns. This Agreement shall be binding upon and inure to the benefit of the parties and their respective successors and assigns. IN WITNESS WHEREOF, Assignor, Assignee, and Licensee have executed and delivered this Agreement, and Lessor has consented to and delivered this Agreement, as of the date first written above. ASSIGNOR: Silver Dollar Trap Club, Inc., a Florida corporation ASSIGNEE: Silver Dollar Shooters Resort, L.L.C., a Delaware limited liability company By: - Name: W, I l,,rw•. L.,e,J Title: ?'l Q@;- I By: Name: N,?t??y 4i4o?T? Title: Gr ?? Item # 10 a ? LICENSEE: NHC-FL8 L.P. a Delaware limited partnership Y.- /%114 0-n/HG F6-0 A L.L.G., .v4? By: Name: C A ac Title: Attachment number 2 Page 3 of 32 CONSENT The undersigned hereby consents to the foregoing assignment and assumption: LESSOR: Countersigned: CITY OF CLEARWATER, FLORIDA By: Frank V. Hibbard, Mayor William B. Horne, II, City Manager Approved as to form: Laura Lipowski, Assistant City Attorney Attest: Cynthia E. Goudeau, City Clerk Item # 10 ¦ Y ¦ ¦ ¦ ¦ ¦ R 3 ¦ ¦ ral 1 ¦ I ¦ ¦ Attachment number 2 Page 4 of 32 ¦ r ¦ ¦ Attachment number 2 Page 5 of 32 ¦ ¦ ¦ ¦ ¦ ME EE ¦ ¦ ¦ ¦ SIC 0 ¦ Item # 10 -ANSIMM 90M MEMENROM I= !!i MW= NM Q ¦ Attachment number 2 Page 6 of 32 ¦ ¦ i Item # 10 ¦ ¦ .4 Attachment number 2 Page 7 of 32 ¦ ¦ ¦ ¦ i ¦ ¦ ¦ a ?u I Item # 10 ¦ ¦ ¦ ¦ t'a ¦ C6 Attachment number 2 Page 8 of 32 ¦ ¦ ¦ ¦ ¦ NEW am= MM ¦ ¦ Item # 10 ¦ Ev WL % 1 ¦ 1 p i 1 v ¦ Item # 10 ?i logo= 06 50 mmmu& mwAm maim IV t I ¦ ¦ ¦ M ¦ Attachment number 2 Page 10 of 32 ¦ ¦ ¦ 1 ¦ r?'a ¦ Item # 10 ¦ ¦ ¦ ¦ ¦ ¦ _+ Attachment number 2 Page 11 of 32 Item # 10 now= EL lffMM MEW MMUM NNEW so MM ¦ ¦ ¦ ¦ IV Attachment number 2 Page 12 of 32 R *-,E ¦ ¦ Item # 10 ¦ ¦ ar d; ¦ .rIMM=-MWE-= Attachment number 2 Page 13 of 32 ¦ 54 ¦ ¦ ¦ MAMINKNIM N II ¦ ¦ t,.#- a ?J?..?{,??*C'{? .t t?{. 4- '?4 r?. t:ttz' -?r 1 +:?i4'•. 4, 'i .4 _ ..?`: e.: - .??.c.r:.a•?J, .#? :'.#.;?;?+. _ri3 ? r = !? k"[1 ?4'ti'.c ^-??'_?•: ,. S ?'. _? 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ROAD ti c a 18 17 19 20 Parcel D 210.85 Ac. + N89°24'37'E 300.00'-\ Parcel B Parcel C F a 0.50 Ac. + • / M PARCEL B-1 (Silver Dollar) / L0 ? Parcel A M 57.33 Ac. ± M 01 .0 - Sold N N Parcel 8 O.R. 6275 192.67 Ac. + - 1231 W / O O N Z / P.O.B. S89°24'37W 19 20 L 1479.66' SE CORNER SEC 19 S89°24'37 W 300.00' EXHIBIT 57A7! DRAWN BY TLM DWG. NAME HILL.S.DWG DATE Item $?/?? Attachment number 2 P f M 9 I# ¦ ?9e 314 i if M EM" N ¦ his Uh Item # 10 ? g Q i? m is 'a'v r-•.o Wpm a M ¦ er 2 5 ¦ OA c Item # 10 R K4 { w ¦ w R ¦ 51 I n I ¦ ?? h er 2 ¦ a il? Item # 10 R ., ¦ ¦ IM ¦ x ¦ a I a rzis; M M ¦ ¦ ¦ 0 Item # 10 e? ¦ -4 e ¦ A ¦ I 9 9 9 Item # 10 R ¦ ¦ ¦ OWN= r2 ?i ¦ M M ¦ R ¦ ¦ 150 1 Item # 10 ¦ ¦ R a ¦ h er 2 age o iF; R M fp ?u I Pd ¦ t Item # 10 ¦ y h er 2 a ¦ R it II ICI I F? Li 19 54 0 F ¦ R .a Item # 10 ¦ ¦ E Nor? hm er 2 ,g,'32 0 OB ol R !M 0 ¦ I yyy ?u I I ¦ M z rig ¦ Item # 10 ¦ ¦ . r NOTE: THIS IS NOT A SURVEY!! 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DATE 4 Item # 10 41 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Meeting Date: 12/15/2008 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 1st and 2nd addition to Clearwater Harbor, Florida, given in consideration of receipt of $1.00 and the benefits to be derived therefrom. (consent) SUMMARY: The Grantor, Station Square Clearwater Condo, LLC, was given Flexible Development approval in 2004 to construct a mixed-use development with 126 dwelling units above street level commercial rentals and a 196 space public-private parking garage. The development order contained a provision requiring the grant of a public pedestrian right-of-way along the eastern boundary of the project extending from Cleveland Street through to Laura Street. Station Square Condominium has been constructed and has received its certificate of occupancy. The subject easement conveyed to the City fulfills the development requirement for the pedestrian right-of-way. The 12-foot easement width at Laura Street narrows to 10 feet near its center point and extends that width uniformly to Cleveland Street. The easement runs with the land unless abandoned by the City, or terminated by mutual agreement, and grants the City perpetual authority to utilize the easement premises as a public sidewalk and for installation and maintenance of underground public utilities. Review Approval: 1) Legal 2) Clerk 3) Assistant City Manager 4) Clerk 5) City Manager 6) Clerk Cover Memo Item # 11 Attachment number 1 Page 1 of 12 ?r w Item # 11 Attachment number 1 Page 2 of 12 Item # 11 ¦ ! xL_'lF?.At_Attachment number 1 "terry r.?°..r??'`? Page 3 of 12 C ti Attachment number 1 Page 4 of 12 k it-7 T ??.5 ' ..ry:l Y:. Attachment number 1 Page 5 of 12 Item # 11 Attachment number 1 Page 6 of 12 I ?j;l I Item # 11 Attachment number 1 Page 7 of 12 oil Item # 11 Attachment number 1 Page 8 of 02 1 ¦ Item # 1 Attachment number 1 Page 9 of 12 ?M 1 Item # 11 Attachment number 1 Page 10 of 12 wmffmmil? 6 Sol Item # 11 Attachment number 1 Page 11 of 12 ¦ New Item # 11 ==Jl§M Attachment number 1 Page 12 of 12 w h iyyiffLL.. d..'' •u1?%.,.''?"'M1M1 ez'i}'- ?.?}'w',`.lu?. _Tr;f:?wn k=??-`4?.r 7 7 77 Item # 11 Attachment number 2 Page 1 of 1 MAPLE I u w Q GEORGIA HART F F- JONES w X Q C> N DREW w z Q O LLB w of HENDRICKS Q LAURA Q Q a z? O O W cn U O = PIERCE ST EASEMENT COURT ST Q G? ST I ROGERS ST w LLJ Q 11 F1 75 J w Lo<- J Peach PINE cc :_ C n3 'a Harold COURT SR-60 U w o_ O LL ? s T ST o! C? z_ PIERCE Y o! w w Q J z F- z < w US-19 ALT. TURNER PINE ST N v A r water Station Square Easement W E Prepared by: Engineering Department Geographic Technology Division S 100S . Myrtle Ave, Clearwater, FL 33756 em #Sca 11 Ph: (727)562-4750, Fax: (727)526-4755 Map Gen By: SF Reviewed By: EB Date: 11/13/2008 Grid #: 286B S-T-R: 16-29S-15E le: 600 www.MyClearwateccom MAPLE O w r LEE ST Q 0 PLAZA ST HART ST > ST ST SR-590 ? j a Q w o > a ¢ GROVE F-1 ::1 :1 LAURA = ST ? F1 O CLEVELAND F-1 PARK } ? Q PIERCE ST F FRANKLIN ST SR-60 MARKLEY CHESTNUT ST ROGERS Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Meeting Date: 12/15/2008 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, and Pass Ordinance 7999-08 on first reading. SUMMARY: 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 our historic properties are located, and where the greatest amount of attention is presently needed to ensure that our 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 recreation/entertainment facilities (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 for the 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 and/or 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. Review Approval: 1) Legal 2) Clerk 3) Assistant City Manager 4) Clerk 5) Clerk Cover Memo Item # 12 Attachment number 1 Page 1 of 4 ORDINANCE NO. 7999-08 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, MAKING AMENDMENTS TO THE COMMUNITY DEVELOPMENT CODE BY AMENDING SECTION 2-902, "FLEXIBLE STANDARD DEVELOPMENT", "TABLE 2-902", AND SECTION 2-903, "FLEXIBLE DEVELOPMENT", "TABLE 2-903", TO ADD A FOOTNOTE ALLOWING 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; CERTIFYING CONSISTENCY WITH THE CITY'S COMPREHENSIVE PLAN AND PROPER ADVERTISEMENT; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Clearwater recognizes that many existing buildings and properties along Cleveland Street have no existing off-street parking spaces and that it may be impossible in many circumstances for any off-street parking spaces to be constructed; and WHEREAS, the revitalization of Downtown Clearwater and specifically Cleveland Street has been determined to be critical to the City's overall health; and WHEREAS, the City of Clearwater desires to support and facilitate the establishment of new businesses within Downtown Clearwater; and WHEREAS, the Community Development Board, pursuant to its responsibilities as the Local Planning Agency, has reviewed this amendment, conducted a public hearing, considered all public testimony and has determined that this amendment is consistent with the City of Clearwater's Comprehensive Plan; and WHEREAS, the City Council has fully considered the recommendations of the Community Development Board and testimony submitted at its public hearing; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. That Article 2, "Zoning Districts", Division 9, "Downtown District ("D")", Section 2-902, "Table 2-902", of the Community Development Code, be, and the same is hereby amended to read as follows: Table 2-902. "D" Flexible Standard Development Standards Use Max. Height (ft.) Min. Off-Street Parking Accessory Dwellings n/a n/a Alcoholic Beverage Sales 30-50 3--5 per 1,000 GFA Attached Dwellings 30-50 1-1.5 per unit Convention Center 30-50 5 per 1,000 GFA Indoor Recreation/Entertaimnent 30-50 3--5 per 1,000 GFA L1 -1- Ordinance No tM*812 Attachment number 1 Page 2 of 4 Facility Mixed Use 30-50 Based upon use requirements Nightclubs 30-50 3--10 per 1,000 GFA Offices 30-50 1--3 per 1,000 GFA21 Overnight Accommodations 30-50 .75--1 per unit Parking Garages and Lots 50 n/a Parks and Recreation Facilities 50 I per 20,000 SF or as determined by the community development coordinator based on ITE Manual standards Places of Worship 30-50 .5--1 per 2 seats Public Transportation Facilities 10 n/a Restaurants 30-50 5--15 per 1,000 GFA21 Retail Sales and Service 30-50 2-4 per 1,000 GFA21 Sidewalk Vendors n/a n/a Social and Community Centers 30-50 2-4 per 1,000 GFA Utility/Infrastructure Facilities n/a n/a (1) For those existing buildings/properties with frontage on Cleveland Street that are located between Osceola Avenue and Myrtle Avenue that have no existing off-street parking spaces, nor the ability to provide any off-street parking spaces, the use(s) of the buildin sg /properties may be changed without the off-street parking that would otherwise be required for the change of use being provided. Section 2. That Article 2, "Zoning Districts", Division 9, "Downtown District ("D")", Section 2-903, "Table 2-903", of the Community Development Code, be, and the same is hereby amended to read as follows: Table 2-903. "D" District Flexible Development Standards Use Max. Height (ft.) Min. Off-Street Parking Alcoholic Beverage Sales 30-100 3--5 per 1,000 GFA Attached Dwellings 30-100 1--1.5 per unit Comprehensive Infill Redevelopment Project n/a Determined by the community development coordinator based on the specific use and/or ITE Manual standards Educational Facilities 30-100 4/1000 GFA Governmental Uses 30-100 3--5 per 1,000 GFA Indoor Recreation/Entertainment Facility 30-100 3--5 per 1,000 GFA21 Limited Vehicle Sales and Display 30 2-4 per 1,000 GFA Marinas and Marina Facilities 30 1 space per 2 slips Mixed Use 30-100 Based upon use requirements -2- Ordinance No tM*812 Attachment number 1 Page 3 of 4 Nightclubs 30-100 3--10 per 1,000 GFA Offices 30-100 1--3 per 1,000 GFA21 Overnight Accommodations 50-100 .75--1 per unit Public Facilities 30-100 1--2 per 1,000 GFA Restaurants 30-100 5--15 per 1,000 GFA21 Retail Sales and Service 30-100 2-4 per 1,000 GFA21 Social/Public Service Agencies 30-100 3-4 per 1,000 GFA Telecommunication Towers Refer to Section 3-2001 n/a Veterinary Offices, and or Animal Grooming and Boarding 30 4 per 1,000 GFA (1) For those existing buildings/properties with frontage on Cleveland Street that are located between Osceola Avenue and Myrtle Avenue that have no existing off-street parking spaces, nor the ability to provide any off-street parking spaces, the use(s) of the buildin sg /properties may be changed without the off-street parking that would otherwise be required for the change of use being provided. Section 3. Amendments to the Community Development Code of the City of Clearwater (as originally adopted by Ordinance No. 6348-99 and subsequently amended) are hereby adopted to read as set forth in this Ordinance. Section 4. The City of Clearwater does hereby certify that the amendments contained herein, as well as the provisions of this Ordinance, are consistent with and in conformance with the City's Comprehensive Plan. Section 5. Should any part or provision of this Ordinance be declared by a court of competent jurisdiction to be invalid, the same shall not affect the validity of the Ordinance as a whole, or any part thereof other than the part declared to be invalid. Section 6. Notice of the proposed enactment of this Ordinance has been properly advertised in a newspaper of general circulation in accordance with applicable law. Section 7. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Frank V. Hibbard Mayor -3- Ordinance No tM*812 Attachment number 1 Page 4 of 4 Approved as to form: Leslie Dougall-Sides Assistant City Attorney -4- Attest: Cynthia E. Goudeau City Clerk Ordinance NdtM*812 (D rL? o 0 E L a u) 0 am? Lti O Z ? I? ? I ? I I ? CD (D Attachment number 3 Page 1 of 1 Parcels Impacted by Ordinance 7999-08 Map No. Parcel No. Address Square Footage Business Name & Use Category 1 16-29-15-23814-000-0030 410 Cleveland 8,050 Vacant (last use Retail) 2 16-29-15-23814-000-0000 418 Cleveland 2,875 No use on record 3 16-29-15-23814-000-0050 420 Cleveland 10,200 Mission Beautification--Retail 4 16-29-15-00000-120-1000 432 Cleveland 11,444 Jamba Juice--Retail 5 16-29-15-32274-002-0050 500 Cleveland 34,920 Church of Scientology 6 16-29-15-32274-005-0040 512 Cleveland 15,381 Tony's Pizza--Restaurant 7 16-29-15-32274-005-0050 534 Cleveland 5,890 Dunkin' Donuts--Restaurant 8 16-29-15-20358-002-0071 401 Cleveland 5,616 Office 9 16-29-15-20358-002-0070 403 Cleveland 7,296 Theater 10 16-29-15-20358-002-0060 409 Cleveland 1,521 Salon Bravo--Retail 11 16-29-15-20358-002-0051 411 Cleveland 7,563 One Stoppe Shoppe--Retail 12 16-29-15-20358-002-0050 413 Cleveland 1,792 Various--Office 13 16-29-15-20358-002-0040 415 Cleveland 3,671 Chiang Mai--Restaurant 14 16-29-15-20358-002-0030 425 Cleveland 10,913 Vacant (last use Restaurant) 15 16-29-15-20358-002-0020 429 Cleveland 1,139 Christian Science Reading Room 16 16-29-15-20358-002-0010 433 Cleveland 9,514 Starbucks--Restaurant 17 16-29-15-32292-004-0110 519 Cleveland 15,815 Various Uses--Office and Restaurant 18 16-29-15-32292-004-0100 527 Cleveland 5,300 Sweet Wheat, Inc.--Retail 19 16-29-15-32292-004-0090 531 Cleveland 7,102 Vacant (last use Retail) 20 16-29-15-32292-020-0060 615 Cleveland 14,148 Cleveland Street Cafe--Restaurant 21 16-29-15-32292-020-0050 623 Cleveland 4,794 No use on record 22 16-29-15-32292-020-0040 629 Cleveland 3,452 Scotto Plumbing--Office 23 16-29-15-32292-020-0030 635 Cleveland 6,810 Various--Residential and Office Item # 12 Work Session Council Chambers - City Hall Meeting Date: 12/15/2008 SUBJECT / RECOMMENDATION: Approve amendments, relating to community policing and performing arts theatre, to the Clearwater Downtown Redevelopment Plan and pass Ordinance 8014-09 on first reading. SUMMARY: 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. A new policy supporting the continuation of community policing innovations is proposed in Chapter 3 Land Use/Redevelopment 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. Review Approval: 1) Office of Management and Budget 2) Legal 3) Clerk 4) Assistant City Manager 5) Clerk 6) City Manager 7) Clerk Cover Memo Item # 13 Attachment number 1 Page 1 of 4 CDB Meeting Date Case Number: Ord. No.: Agenda Item: November 18, 2008 Downtown Plan Amendments 8014-09 D1 CITY OF CLEARWATER PLANNING DEPARTMENT CLEAR WATER DOWNTOWN REDEVELOPMENT PLAN AMENDMENTS STAFF REPORT REQUEST: Amendments to the Clearwater Downtown Redevelopment Plan INITIATED BY: City of Clearwater Planning Department BACKGROUND INFORMATION: On May 13, 2008 the Community Redevelopment Agency (CRA) approved the East Gateway District Five-Year Action Program. The Action Program responded to public input on the issues of drug dealing, prostitution and street crime by including an action item for an increased police presence in the East Gateway. As Florida Statutes allow for the use of tax increment financing (TIF) funds for community policing innovations, the CRA entered into an Interlocal Agreement with the Police Department on August 27, 2008 to provide for additional police presence beyond current activity levels. The Tax Increment Financing Section of the Clearwater Downtown Redevelopment Plan needs to be revised to recognize that TIF is a source of funding for additional community policing innovations. The Planning Department is also recommending that minor amendments be made to the Plan to support the location of a performing arts theater in Downtown. The Community Development Board is reviewing the proposed amendments in its capacity as the Local Planning Agency and is requested to make a recommendation regarding the amendments to the City Council. The CRA is requested to make a recommendation to the City Council regarding the amendments to the Plan. Once the City Council approves these amendments, they will be submitted to the Board of County Commissioners for approval as amendments to the Redevelopment Plan. They will also be submitted to the Pinellas Planning Council and the Countywide Planning Authority for approval as amendments to the Special Area Plan governing Downtown. Community Development Board - November 18, 2008 4th Downtown Plan Amendments - Page 1 of 4 Item # 13 Attachment number 1 Page 2 of 4 ANALYSIS: Five amendments are proposed to the Plan and are contained in Exhibit A attached to Ordinance No. 8014-09. One amendment revises the land use/redevelopment plan while four amendments relate to downtown strategies and tax increment financing. Below is a summary of each amendment. 1. Amendment 1 - Insert new policy in Chapter 3 Land Use/Redevelopment Plan, Goals, Objectives and Policies Section on page 54 of the Plan (page one of Exhibit A of proposed ordinance). A new policy supporting the continuation of community policing innovations in the Downtown is proposed. The proposed policy notes that the program should continue to focus on a variety of strategies that increase police visibility and reduce opportunities for crime. Strategies outlined in the policy are consistent with those outlined in Florida Statutes Chapter 163 and are currently employed by the Downtown Bike and C.H.I.P Teams. 2. Amendment 2-- Amend Strategy 20 in Chapter 4 Plan Implementation and add new Strategy 21 on page 218 of the Plan (page one of Exhibit A of proposed ordinance). Strategy 20, located in the Plan Implementation section of Chapter 4, supports city efforts to attract a movie theater to Downtown. The proposed amendment would expand this strategy to also market Downtown as a prime location for a performing arts theater. Due to the benefits such a facility would have on Downtown revitalization efforts, the proposed strategy also supports the City providing development assistance for a performing arts theater. Proposed amendment two also provides for a new Strategy 21 which supports community policing innovations in the CRA. 3. Amendment 3 - Amend Table 7 Summary of Public Strategies in Chapter 4 Plan implementation on pages 222-233 of the Plan (page two of Exhibit A of proposed ordinance). This proposed amendment revises Table 7 which summarizes the public strategies to be employed within the Downtown. Existing Strategy 20 is proposed to be expanded to include a performing arts theater as discussed above and a new Strategy 21 is proposed regarding community policing innovations as discussed above. The remaining strategies will be renumbered. 4. Amendment 4 - Amend the third paragraph of the Tax Increment Revenue Projections Section and the corresponding summary table in Chapter 4 Plan Implementation on page 255 of the Plan (pages two - three of Exhibit A of proposed ordinance). Community Development Board - November 18, 2008 4th Downtown Plan Amendments - Page 2 of 4 Item # 13 Attachment number 1 Page 3 of 4 Amendment four adds community policing as a program within the CRA that will be funded through tax increment financing. The summary table of the CRA programs and initiatives is also proposed to be amended to include community policing innovations. A total of $1 million dollars is estimated to be the cost of this program over the next five - seven years. This amendment also clarifies that community policing innovations can only be funded through City TIF revenues. 5. Amendment 5 -Amend the Tax Increment Revenue Projections Section in Chapter 4 Plan Implementation on page 259 of the Plan (pages three - four of Exhibit A of proposed ordinance). The City has provided a community policing presence in Downtown since 1998. Proposed Ordinance No. 8014-09 outlines the history of those efforts and a summary of the unique issues the City faces in the CRA. The amendment sets forth the intent community policing innovations and notes the importance of reducing crime in the CRA to improve the quality of life in the CRA. The amendment is written broadly to apply to the entire CRA in the event City Council and CRA want to provide a higher level of community policing service beyond the East Gateway Character District. The program is proposed to be on-going with a cost over the next five - seven years at a maximum of $1 million dollars. CONSISTENCY WITH COMPREHENSIVE PLAN Please find below a selected list of objectives and policies from the Clearwater Comprehensive Plan that is furthered by the proposed amendments to the Clearwater Downtown Redevelopment Plan. • Objective 2.1 - The redevelopment of blighted, substandard, inefficient and/or obsolete areas shall be a high priority and promoted through the implementation of redevelopment and special area plans, the construction of catalytic private projects, city investment, and continued emphasis on property maintenance standards. • Policy 2.1.8 - The City shall continue to support and implement approved community redevelopment area plans, such as the Downtown Redevelopment Plan adopted in 2004. • Policy 2.1.10 - Clearwater will continue to support the tax increment financing program and redevelopment efforts of the downtown area through activities of the economic development office and actions of the City Commission as the Community Redevelopment Agency. The proposed amendments to the Clearwater Downtown Redevelopment Plan primarily focus on community policing innovations as a public strategy in the CRA. A higher level of community policing innovations is an investment in the future health of the CRA and will assist in reducing blighting influencing within the area. The use of TIF to fund a higher level of community policing presence in the CRA is an appropriate use of such Community Development Board - November 18, 2008 4th Downtown Plan Amendments - Page 3 of 4 Item # 13 Attachment number 1 Page 4 of 4 funds. The proposed amendments therefore support existing objectives and policies of the Clearwater Comprehensive Plan. SUMMARY AND RECOMMENDATION: The proposed amendments to the Clearwater Downtown Redevelopment Plan are consistent with the Comprehensive Plan. Proposed Ordinance No. 8014-09 makes minor amendments regarding the City's desire to attract theaters to Downtown and provides for policies and strategies supporting community policing innovations in the CRA, as well as using tax increment financing as a funding source for increased levels of community policing activities. Based on the above analysis, the Planning Department recommends the following action on the request: Recommend APPROVAL of Ordinance No. 8014-09 which amends the Clearwater Downtown Redevelopment Plan. Prepared by Planning Department Staff: Gina L. Clayton, Assistant Planning Director ATTACHMENTS: Ordinance No. 8014-09 Exhibit A of Ordinance No 8014-09 Ims5alpdsPlanning DepartmentlDowntown Plan Update 14th Amendment to Downtown Plan - Community PolicinglCDB StaffReport4th Amendment to Downtown Plan - StaffReport.doc Community Development Board - November 18, 2008 4th Downtown Plan Amendments - Page 4 of 4 Item # 13 Attachment number 2 Page 1 of 4 EXHIBIT A Ordinance No. 8014-09 AMENDMENT 1- CHAPTER 3 LAND USE/REDEVELOPMENT PLAN GOALS, OBJECTIVES AND POLICIES SECTION Insert new Policy 30 on Page 54 of *the Plan. Policy 30: Communily policing innovations in the CRA shall continue to focus on a variety of policing strategies that increase police visibility and reduce opportunities for criminal activities. Such innovations include, but are not limited to, intensified motorized patrol, bicycle patrol, field interrogations, the establishment of a business and/or neighborhood block watch and the continued bresence of a bolice substation in the CRA. AMENDMENT 2 - CHAPTER 4 PLAN IMPLEMENTATION DOWNTOWN STRATEGIES SECTION Revise Strategy 20 on page 218 as follows: Strategy 20: M r et the D^`_'"'*^`_'"' a a laeatio for- e theater- and assist th ? z? in the a i$?tieir airs a SS b1 d. A-f 1-A,,r-°c'rthea t--hi°c o e-r- as -needed, •-crr ae? z E., t-h Support the location of a movie theater and/or performing arts theater in Downtown and provide assistance, as needed, with land acquisition, land assembly, building rehabilitation and parking facilities development to support the use. Insert new Strategy 21 on page 218 as follows and renumber the remaining strategies: (this strategy is to be located as a new item within the overall Downtown Strategies and before the beginning of Downtown Core Character District Strategies) Strategy 21: Continue to support communily policing innovations in the CRA. Exhibit A - Ordinance No. 8011tM # 13 Attachment number 2 Page 2 of 4 AMENDMENT 3 - CHAPTER 4 PLAN IMPLEMENTATION DOWNTOWN STRATEGIES SECTION Revise Strategy 20 and add new Strategy 21 after Strategy 20 in Table 7 Summary of* Public Strategies on pages 222-233 and renumber the remaining strategies as follows: Table 7 Summary of Public Strategies # Strategy Lead Department Timing 20 Movie Theater/Performing Arts Theater Support g Economic Development Ongoing Strategy 21 Community Policing Innovations Police Department Ongoing Str9M AMENDMENT 4 - CHAPTER 4 PLAN IMPLEMENTATION TAX INCREMENT REVENUE PROJECTIONS SECTION Amend the third paragraph of * the Tax Increment Revenue Projections Section, as well as the Summary Table on page 255 as follows: Tax Increment Revenue Projections The CRA envisions continuing to use both the City's and the County's share of Tax Increment Financing dollars for capital projects in the original and expanded CRA. TIF is identified as one of the funding sources for several capital and infrastructure improvement projects outlined in the Capital Improvement Projects (CIP) section of this plan. These projects include the Cleveland Street, Fort Harrison, and Gulf to Bay Streetscapes and the Gulf to Bay Boulevard and Highland Avenue Gateway Intersection. In addition, TIF will be used for paying impact fees, "buying in" of public parking in private projects, assembling redevelopment sites, purchasing land and/or buildings, affordable and transitional housing projects, a4+d facade improvement grants and providing additional community policing presence above and beyond current activity levels. Below is a summary of the programs and initiatives that will use TIF as well as the estimated costs associated with each. The County's share of TIF shall only be used for the capital projects included in the table below. The City's share of TIF may be used for any initiative listed in the table. 2 Exhibit A - Ordinance No. 80 1Re1 # 13 Attachment number 2 Page 3 of 4 Jummary Table of uKA Programs and initiatives, i imin CRA Programs and Initiatives Timing CRA Area Brownfields Environmental Cleanup * Ongoing CRA Building Facade Improvement Program* Ongoing Downtown Land Acquisition * Ongoing CRA Redevelopment Incentive Funding Ongoing Retail Lease/Location Incentives Ongoing CRA Affordable and Transitional Housing Projects* Ongoing CRA Revolving Loan Fund Ongoing CRA Community Policing Innovations On o ink Total Estimated Cost $5,000,000 $1,000,000 $21,000,000 $10,000,000 $5,000,000 $5,000,000 $1,000,000 $1,000,000 $489,000,000 *Capital projects and initiatives - County TIF shall only be used for these programs **** AMENDMENT 5 - CHAPTER 4 PLAN IMPLEMENTATION TAX INCREMENT REVENUE PROJECTIONS SECTION Amend Tax Increment Revenue Projections Section on page 258 to add a description of* the CRA Community Policing Initiatives after the CRA Revolving Load Fund description and prior to the Tax Increment Revenue Projections for the Original CRA District section as follows: **** CRA Community Policing Innovations The City of Clearwater Police Department has employed a community policin philosophy for over 20 years. Its first focused efforts in the Downtown area came in 1998 when a police substation was co-located in the Clearwater Homeless Intervention Program (CHIP) shelter in the East Gateway Character District in response to resident concerns about the crime potential associated with the shelter. Another community policing team, the Downtown Bicycle Team, was established for the Downtown Core of the CRA in 2005 in anticipation of additional demands on the Police Department as a result of redevelopment. Additionally AmeriCorps Clearwater members have supplemented the activities of the Downtown Bicycle Team by acting as ambassadors of the City by assisting visitors and businesses. The intent of the community policing innovations in Downtown is for police officers to be a visible deterrent of crime as well as an approachable source of assistance and information. The officers act as liaisons to downtown visitors, businesses, employ and residents and work to build partnerships through daily visibility and community and Estimated costs 3 Exhibit A - Ordinance No. 801#M # 13 Attachment number 2 Page 4 of 4 involvement and organization. They also help solve neighborhood problems and work to foster a sense of safety and security public as well as private spaces. Community policing innovations focus on a variety of issues including those that are unique to the CRA such as homelessness, prostitution, drugs and street crimes, and a large immigrant population. A key component of the City's redevelopment strategy is to reduce crime in the CRA and improve the quality of life of residents, businesses and visitors. In order to achieve this goal, additional community policing presence is needed. Through the use of TIF funds an enhanced level of communily policing can be achieved. Total Cost: $1 million Time Frame: Ongoing Exhibit A - Ordinance No. 80IRM # 13 Attachment number 3 Page 1 of 3 ORDINANCE NO. 8014-09 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, MAKING AMENDMENTS TO THE CLEARWATER DOWNTOWN REDEVELOPMENT PLAN ADOPTED BY ORDINANCE NUMBER 7153- 03 AND SUBSEQUENTLY AMENDED; BY AMENDING CHAPTER 3 LAND USE PLAN/REDEVELOPMENT PLAN BY ADDING A NEW POLICY SUPPORTING COMMUNITY POLICING INNOVATIONS IN THE COMMUNITY REDEVELOPMENT AREA; BY AMENDING CHAPTER 4 PLAN IMPLEMENTATION, DOWNTOWN STRATEGIES SECTION, BY REVISING STRATEGY 20 TO INCLUDE PERFORMING ARTS THEATERS; BY AMENDIING CHAPTER 4 PLAN IMPLEMENTATION, DOWNTOWN STRATEGIES SECTION, BY ADDING A NEW STRATEGY SUPPORTING COMMUNITY POLICING INNOVATIONS; BY AMENDING CHAPTER 4 PLAN IMPLEMENTATION, TABLE 7 SUMMARY OF PUBLIC STRATEGIES BY REVISING STRATEGY 20 AND ADDING A NEW STRATEGY 21 SUPPORTING COMMUNITY POLICING INNOVATIONS; BY AMENDING CHAPTER 4 PLAN IMPLEMENTATION, TAX INCREMENT REVENUE PROJECTIONS SECTION, BY ADDING COMMUNITY POLICING INNOVATIONS AS AN ACTIVITY ELIGIBLE TO BE FUNDED BY TAX INCREMENT FINANCING AND ADDIING A DESCRIPTION OF THE COMMUNITY REDEVELOPMENT AREA COMMUNITY POLICING INNOVATIONS PROGRAM; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Clearwater has the authority pursuant to the Rules Governing the Administration of the Countywide Future Land Use Plan, as amended, Section 2.3.3.9.5, to adopt and enforce a specific plan for redevelopment in an urban center in accordance with the Central Business District plan category, and said Section requires that a special area plan therefore be approved by the local government; and WHEREAS, the City Council approved the updated 2003 Clearwater Downtown Redevelopment Plan on September 18, 2003 by adopting Ordinance No. 7153-03 and has subsequently amended it; and WHEREAS, the Pinellas County Board of County Commissioners approved the CRA Plan adopted by Ordinance No. 7231-03 on December 16, 2003 and has subsequently amended it; and WHEREAS, the City Council approved the creation of a Redevelopment Trust Fund for the expanded CRA by adopting Ordinance No. 7214-03; and WHEREAS, the Pinellas County Board of County Commissioners approved the creation of a Redevelopment Trust Fund for the expanded CRA adopted by Ordinance No. 7214-03 on February 3, 2004; and WHEREAS, the Countywide Planning Authority approved the updated 2003 Clearwater Downtown Redevelopment Plan as the Special Area Plan for Downtown Clearwater on February 3, 2004 and subsequently approved amendments thereto; and Ordinance No.18RU4913 Attachment number 3 Page 2 of 3 WHEREAS, the requirements of Florida Statutes Section 163.360 regarding the adoption of community redevelopment plans have been met regarding that portion of the amendments proposed hereby which affect the Downtown Community Redevelopment Area, and the requirements of Florida Statutes Section 163.346 regarding notice to taxing authorities and other required notice, as well as all other requirements of Florida Statutes Chapter 163, have been met; and WHEREAS, it is advisable to revise certain provisions of the Plan regarding the types of theaters eligible for development assistance; and WHEREAS, the City and the CRA has ascertained that the Downtown is in critical need of a focused community policing presence in the CRA in order to reduce drug dealing, prostitution and street crimes; and WHEREAS, Section 163.361(1) of the Florida Statutes allows for the use of Tax Increment Financing (TIF) funds for community policing innovations in Community Redevelopment Areas; and WHEREAS, it is advisable to revise certain provisions of the Plan adding policies and strategies regarding community policing innovations; and WHEREAS, it is advisable to allow tax increment financing (TIF) funds to support community policing innovations within the CRA; and WHEREAS, the proposed amendments were reviewed by the Community Development Board, which is the land planning agency for the City of Clearwater for purposes of the Local Government Comprehensive Planning and Land Development Regulation Act, and the Community Development Board found the proposed amendments to be consistent with the Comprehensive Plan of the City of Clearwater; and WHEREAS, the Community Redevelopment Agency has reviewed the proposed amendments and recommends them to the City Council, and the amended Plan shall serve as the Community Redevelopment Plan for the downtown Community Redevelopment Area of the City of Clearwater; and WHEREAS, the proposed amendments conform to the general plan of the City of Clearwater; and WHEREAS, the proposed amendments will afford maximum opportunity, consistent with the sound needs of the City, for the rehabilitation or redevelopment of the Plan area by private enterprise; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. Amendments 1 - 5 to the Clearwater Downtown Redevelopment Plan attached hereto as Exhibit "A" are hereby adopted. 2 Ordinance No. 8014-04tem # 13 Attachment number 3 Page 3 of 3 Section 2. The City Manager or designee shall forward said amendments to any agency required by law or rule to review or approve same. Section 3. This ordinance shall take effect immediately upon adoption, subject to the approval by the Pinellas County Board of County Commissioners and the Countywide Planning Authority. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Frank V. Hibbard Mayor-Commissioner Approved as to form: Leslie K. Dougall-Sides Assistant City Attorney Attest: Cynthia E. Goudeau City Clerk 3 Ordinance No. 8014-04tem # 13 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Meeting Date: 12/15/2008 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 Section 7, Township 29 South, Range 16 East); and Pass Ordinances 8019-08, 8020-08 and 8021-08 on first reading. (ANX2008-09016) SUMMARY: This voluntary annexation petition involves a 0.1928-acre property consisting of one parcel of land occupied by a single-family dwelling. It is located on the north side of Anna 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: 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. Collection of solid waste will be provided by the City of Clearwater. The property is located within Police District III and service will be administered through the district headquarters located at 2851 N. McMullen Booth Road. Fire and emergency medical services will be provided to this property by Station 48 located at 1700 N. Belcher Road. The City has adequate capacity to serve this property with sanitary sewer, solid waste, police, fire and EMS service. The proposed annexation will not have an adverse effect on public facilities and their levels of service; and • 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. Review Approval: 1) Legal 2) Clerk 3) Assistant City Manager 4) Clerk 5) City Manager 6) Clerk Cover Memo Item # 14 Attachment number 1 Page 1 of 7 l ; 11-I PROJECT SITE t?. 1 .r .',vYx rtSrrY D R 1.[l 11K W O - Location Map Owner Pat Lokey Case: ANX2008-09016 Site: 2328 Anna Avenue Property 0.1928 Size (Acres): Land Use Zoning From : RL (County) To: RL (City) PIN R-3 (County) LMDR (City) Atlas Page 281 A 07-29-16-76446-000-0300 Item # 14 Attachment number 1 Page 2 of 7 SHARKEY RD ANNA AVE • Aerial Photograph Owner Pat Lokey Case: ANX2008-09016 Site: 2328 Anna Avenue Property 0.1928 Size (Acres): Land Use Zoning PIN: 07-29-16-76446-000-0300 From : RL (County) R-3 (County) To: RL (City) LMDR (City) Atlas Page: 281A Item # 14 Attachment number 1 Page 3 of 7 64n I 616 615 15 8 CO) : w F : .:.:....:: w 41 13 60o 601 14 9 sot Q 60 6 I - 1 - I M ::N N %y 00. . . . . . © !'ilA N Proposed Annexation Map Owner Pat Lokey Case: ANX2008-09016 Site: 2328 Anna Avenue Property Size (Acres): 0.1928 Land Use Zoning From : RL (County) R-3 (County) PIN: 07-29-16-76446-000-0300 To: RL (City) LMDR (City) Atlas Page: 281A Item # 14 Attachment number 1 Page 4 of 7 - 6R 12 0 67 676 6 15 8 CO) RL w U. RU Uj 41 3 600 Q 607 14 9 602 60 1 - I - I 29 28 27 - I M w M RL N M N NA. A!f E . . . . . .ry.' Future Land Use Map Owner Pat Lokey Case: ANX2008-09016 Site: 2328 Anna Avenue Property 0.1928 Size (Acres): Land Use Zoning PIN: 07-29-16-76446-000-0300 From : RL (County) R-3 (County) To: RL (City) LMDR (City) Atlas Page: 281A Item # 14 Attachment number 1 Page 5 of 7 - 6R 12 0 67 616 15 8 CO) LL w 41 . 13 600 Q 607 14 9 602 LMDR 60 6( .7- 7 1 - I - MDR - I 29 28 27 - I NA. A!f E .99, 98 Zoning Map Owner Pat Lokey Case: ANX2008-09016 Site: 2328 Anna Avenue Property 0.1928 Size (Acres): Land Use Zoning PIN: 07-29-16-76446-000-0300 From : RL (County) R-3 (County) To: RL (City) LMDR (City) Atlas Page: 281A Item # 14 Attachment number 1 Page 6 of 7 ?O B>s 15 g w U. sicentiA 60 9 Bog Single F it R ide NA. A!f E . . . 97- . . .' .'.C!7::. .. Existing Surrounding Uses Map Owner Pat Lokey Case: ANX2008-09016 Site: 2328 Anna Avenue Property Size (Acres): 0.1928 Land Use Zoning From : RL (County) R-3 (County) PIN: 07-29-16-76446-000-0300 To: RL (City) LMDR (City) Atlas Page: 281A Item # 14 Attachment number 1 View looking west from the subject property, 2328 Anna Avenue View looking east from the subject property, 2328 Anna Avenue View looking westerly along 2328 Anna Avenue View looking easterly along 2328 Anna Avenue ANX2008-09016 Lokey, Pat 2328 Anna Avenue Item # 14 View looking south from the subject property, 2328 Anna Avenue View looking north at the subject property, 2328 Anna Avenue I--,' Zl' Mqqq Attachment number 2 Page 1 of 1 ORDINANCE NO. 8019-09 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTY LOCATED ON THE NORTH SIDE OF ANNA AVENUE APPROXIMATELY 700 FEET WEST OF DORA DRIVE, CONSISTING OF LOT 30, ROLLING HEIGHTS, WHOSE POST OFFICE ADDRESS IS 2328 ANNA AVENUE, INTO THE CORPORATE LIMITS OF THE CITY, AND REDEFINING THE BOUNDARY LINES OF THE CITY TO INCLUDE SAID ADDITION; PROVIDING AN EFFECTIVE DATE. WHEREAS, the owner of the real property described herein and depicted on the map attached hereto as Exhibit A has petitioned the City of Clearwater to annex the property into the City pursuant to Section 171.044, Florida Statutes, and the City has complied with all applicable requirements of Florida law in connection with this ordinance; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following-described property is hereby annexed into the City of Clearwater and the boundary lines of the City are redefined accordingly: Lot 30, Rolling Heights, as per plat thereof, recorded in Plat Book 43, Page 1, Public Records of Pinellas County, Florida (ANX2008-09016) Section 2. The provisions of this ordinance are found and determined to be consistent with the City of Clearwater Comprehensive Plan. The City Council hereby accepts the dedication of all easements, parks, rights-of-way and other dedications to the public, which have heretofore been made by plat, deed or user within the annexed property. The City Engineer, the City Clerk and the Planning Director are directed to include and show the property described herein upon the official maps and records of the City. Section 3. This ordinance shall take effect immediately upon adoption. The City Clerk shall file certified copies of this ordinance, including the map attached hereto, with the Clerk of the Circuit Court and with the County Administrator of Pinellas County, Florida, within 7 days after adoption, and shall file a certified copy with the Florida Department of State within 30 days after adoption. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Approved as to form: Leslie K. Dougall-Sides Assistant City Attorney Frank V. Hibbard Mayor Attest: Cynthia E. Goudeau City Clerk Item # 14 Ordinance No. 8019-09 Attachment number 3 Page 1 of 1 ORDINANCE NO. 8020-09 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE FUTURE LAND USE PLAN ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY, TO DESIGNATE THE LAND USE FOR CERTAIN REAL PROPERTY LOCATED ON THE NORTH SIDE OF ANNA AVENUE APPROXIMATELY 700 FEET WEST OF DORA DRIVE, CONSISTING OF LOT 30, ROLLING HEIGHTS, WHOSE POST OFFICE ADDRESS IS 2328 ANNA AVENUE, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS RESIDENTIAL LOW (RL); PROVIDING AN EFFECTIVE DATE. WHEREAS, the amendment to the future land use plan element of the comprehensive plan of the City as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's comprehensive plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The future land use plan element of the comprehensive plan of the City of Clearwater is amended by designating the land use category for the hereinafter described property, upon annexation into the City of Clearwater, as follows: Property Land Use Category Lot 30, Rolling Heights, as per plat thereof, Residential Low (RL) recorded in Plat Book 43, Page 1, Public Records of Pinellas County, Florida (ANX2008-09016) Section 2. The City Council does hereby certify that this ordinance is consistent with the City's comprehensive plan. Section 3. This ordinance shall take effect immediately upon adoption, contingent upon and subject to the adoption of Ordinance No. 8019-09. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Frank V. Hibbard Mayor Approved as to form: Attest: Leslie K. Dougall-Sides Cynthia E. Goudeau Assistant City Attorney City Clerk Item # 14 Ordinance No. 8020-09 Attachment number 4 Page 1 of 1 ORDINANCE NO. 8021-09 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY ZONING CERTAIN REAL PROPERTY LOCATED ON THE NORTH SIDE OF ANNA AVENUE APPROXIMATELY 700 FEET WEST OF DORA DRIVE, CONSISTING OF LOT 30, ROLLING HEIGHTS, WHOSE POST OFFICE ADDRESS IS 2328 ANNA AVENUE, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS LOW MEDIUM DENSITY RESIDENTIAL (LMDR); PROVIDING AN EFFECTIVE DATE. WHEREAS, the assignment of a zoning district classification as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's comprehensive plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following described property located in Pinellas County, Florida, is hereby zoned as indicated upon annexation into the City of Clearwater, and the zoning atlas of the City is amended, as follows: Property Zoning District Lot 30, Rolling Heights, as per plat thereof, Low Medium Density recorded in Plat Book 43, Page 1, Public Residential Records of Pinellas County, Florida (LMDR) (ANX2008-09016) Section 2. The City Engineer is directed to revise the zoning atlas of the City in accordance with the foregoing amendment. Section 3. This ordinance shall take effect immediately upon adoption, contingent upon and subject to the adoption of Ordinance No. 8019-09. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Approved as to form: Leslie K. Dougall-Sides Assistant City Attorney Frank V. Hibbard Mayor Attest: Cynthia E. Goudeau City Clerk Item # 14 Ordinance No. 8021-09 Work Session Council Chambers - City Hall Meeting Date: 12/15/2008 SUBJECT / RECOMMENDATION: 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 No. DVA2008-00001)and adopt Resolution 08-14. SUMMARY: • 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 No. DVA2004-00001). These development approvals authorized the following: • Use of 250 hotel rooms from the Beach by Design density pool; • Maximum building height of 150 feet; • Vacation of a portion of the right-of-way for Gulfview Boulevard between Coronado Drive and proposed Second Street; • Vacation of the First Street right-of-way between Coronado Drive and Gulfview Boulevard; • Dedication of right-of-way for proposed Second Street between Coronado Avenue and Gulfview Boulevard; and • 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 (10) years and includes the following main provisions: • 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; • 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); gUpdates the public parking options to reflect the developer's option to pay in lieu of providing the parking spaces on-site; • Updates Exhibit M (Parking Protocol), due to the change in design of the project and responding to Staff concerns regarding employee parking issues; • 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 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 ?o er Memo • The Community Development Board reviewed this Development Agreement application at its public hearing on ?ctober 21, 2008, and unanimously recommended approval of the application (DVA2008-00001). Item # 15 • 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. Review Approval: 1) Legal 2) Clerk 3) Legal 4) Clerk 5) Assistant City Manager 6) City Manager Cover Memo Item # 15 Attachment number 1 Page 1 of 1 RESOLUTION NO. 08-14 A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA APPROVING A FIRST AMENDED AND RESTATED DEVELOPMENT AGREEMENT BETWEEN THE CITY OF CLEARWATER AND K & P CLEARWATER ESTATE, LLC.; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Clearwater entered into a Development Agreement with K & P Clearwater Estate, LLC that was adopted by the City Council on February 17, 2005, by Resolution No. 05-13, amended by First Amendment to Development Agreement between the City of Clearwater and K & P Clearwater Estate, LLC, adopted by the City Council on March 16, 2006 by Resolution No. 06-11; and WHEREAS, the City of Clearwater and K & P Clearwater Estate, LLC are desirous of amending and restating said Development Agreement; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The First Amended and Restated Development Agreement between the City of Clearwater and K & P Clearwater Estate, LLC, a copy of which is attached as Exhibit "A," is hereby approved. Section 2. The City Clerk is directed to record the First Amended and Restated Development Agreement with the Clerk of the Circuit Court in Pinellas County no later than fourteen (14) days after it is executed. The applicant shall bear the expense of recording the document. Section 3. The City Clerk is directed to submit a recorded copy of the First Amended and Restated Development Agreement to the State of Florida Department of Community Affairs no later than fourteen (14) days after it is recorded. Section 4. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this day of 2008. Frank V. Hibbard Mayor Approved as to form: Leslie K. Dougall-Sides Assistant City Attorney Attest: Cynthia E. Goudeau City Clerk Resolution Note #415 a?F r? ? ,? €: k1 .,?: ?...? .7c € ? F? w F- ? F ? ? ? F r t ?F i k 1 '!`.. ? 'l `?}?. f ? 1 r f; ',f rr 1 ?'. 1 ? s j ? a ?? a r_ :'r ? ? S '. I F: 3 ? f cr µ_?. Y rW» (< ?T}? ??. :F r .H a ?? ? . :? , =z.= '>. 3 k E I'. ? ? ? 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V 1 t'1: ? _ 11 } V :11 Y , g 11 j -? w 67 r £ I?fIE _ t I s€ z. ?r.1. 7F ov .. ,c_ E f .: L `. r r '7_? .? r I L F ? } ?t I: 4 ,? ; [ .? f 1 3 ? ? ? ' t 1 F fL ? ?? I E a?; Fs ? T. F ?? N ? E ,.. ? ? S N j t a??; 1 C F. 3 ? ? W V ? i v ? 1 i 1 } ?f, E f ?? D? ? ? ? ? ? i 1 _ , F .! s I, i L ? I a F .. 7 r. F ?? F r .: ? S ''-e S £ _ k ? ?' ?? t Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Meeting Date: 12/15/2008 Approve filing third-party actions against design/build engineer Post, Buckley, Schuh and Jernigan, Inc. (PBSandJ), 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 PBSandJ for alleged wrongful design and/or construction of the Coronado Drive Improvement portion of the Beach by Design project to seek contribution and/or indemnification for the costs of settlement incurred in the case of Tracey v. City. (consent) SUMMARY: In the Szlechta and Rudman cases, PBS&J designed and oversaw construction of improvements on Coronado Drive that allegedly caused damage to both the Szlechta and Rudman properties and resulted in the City being sued. Allegations of damage caused by the construction of improvements on Coronado Drive were the basis of the Tracey case, which the City recently settled. • Szlechta & Kunowski d/b/a Tropical Sky Ranch Motel v. City of Clearwater, Case No. 08-16343-CI-20 • Rudman & Rudman, d/b/a Riviera Motel v. City of Clearwater, Case No. 089-17675-CI-21 • Christina McNeil Tracey and Anchor, Mini-Mart, Inc. v. City of Clearwater, Case No. 07-6034-CI-15 Staff is currently pursuing contribution and/or indemnification from (PSB&J) for alleged wrongful design and/or construction of the Coronado Drive Improvement portion of the Beach by Design project as it abuts properties in Divaco v. City of Clearwater, Case No. 07-2045-CI-15, and, staff recommends that it be authorized to bring suit against PBS&J as requested above so that contribution and/or indemnification may be sought against PBS&J in the other cases. Type: Operating Expenditure Current Year Budget?: Yes Budget Adjustment Comments: Current Year Cost: $1,010.00 Not to Exceed: For Fiscal Year: 10/01/08 to 09/30/09 Budget Adjustment: No Annual Operating Cost: $1,010.00 Total Cost: Appropriation Code Amount Appropriation Comment 0315-92267-561200-541- $670.00 Szlechta and Rudman cases 000-0000 0315-92267-561200-539- $340.00 Tracey case 000-0000 Bid Required?: No Bid Number: Other Bid / Contract: Bid Exceptions: None Review Approval: 1) Office of Management and Budget 2) Legal 3) Clerk 4) Clerk 5) Clerk Cover Memo Item # 16 Work Session Council Chambers - City Hall Meeting Date: 12/15/2008 SUBJECT / RECOMMENDATION: 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. SUMMARY: On September 4, 2008, the Clearwater City Council approved on first reading amendments to the Clearwater Comprehensive Plan as recommended by the Evaluation and Appraisal Report (EAR). As required by Florida Statutes, the proposed text amendments were submitted to the Florida Department of Community Affairs (DCA) and other required state agencies for review and comment. The Planning Department has received the Objections, Recommendations and Comments (ORC) Report from DCA, as well as comments from other review agencies. Certain objectives and policies, as well as maps, must be revised to address objections raised in the ORC. Revisions are proposed to most of the Plan elements, however, many are non-substantive. Substantive revisions are being proposed to policies regarding affordable housing, transportation, and post disaster redevelopment plans. Attached please find a copy of the ORC, the Planning Department's response to the ORC, a motion to amend Ordinance 7993-08 on second reading that incorporates the required revisions to the EAR-based amendments, and a link to access the revised maps. Due to the number o changes proposed to Ordinance 7993-08, the Planning Department will present these revisions to the Community Development Board on December 16, 2008 and will report the Board's recommendation at the December 18th Council meeting. Review Approval: 1) Legal 2) Clerk 3) Assistant City Manager 4) Clerk 5) City Manager 6) Clerk Cover Memo Item # 17 Attachment number 1 Page 1 of 2 ORDINANCE NO. 7993-08 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE COMPREHENSIVE PLAN OF THE CITY AS ADOPTED ON MAY 18, 2000, AS AMENDED, INCLUDING AMENDMENTS TO THE TABLE OF CONTENTS, AND THE FUTURE LAND USE, TRANSPORTATION, HOUSING, UTILITIES, COASTAL MANAGEMENT, CONSERVATION, RECREATION AND OPEN SPACE, INTERGOVERNMENTAL COORDINATION, CAPITAL IMPROVEMENTS, AND PUBLIC SCHOOL FACILITIES ELEMENTS; MAKING SUBSTANTIVE CHANGES AS RECOMMENDED IN THE EVALUATION AND APPRAISAL REPORT; MAKING MINOR EDITORIAL CHANGES; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Local Government Comprehensive Planning and Land Development Regulation Act of Florida empowers and requires the City Council of the City of Clearwater to plan for the future development and growth of the City, and to adopt and periodically amend the Comprehensive Plan, including elements and portions thereof; and WHEREAS, the City of Clearwater adopted a Comprehensive Plan on May 18, 2000 by Ordinance Number 6522-00, subsequently amended; and WHEREAS, certain amendments are statutorily required, and others are advisable in order to harmonize the Comprehensive Plan with state law and good planning practice; and WHEREAS, amendments to the Comprehensive Plan of the City have been prepared in accordance with the applicable requirements of law, after conducting the appropriate planning analysis, and public participation through public hearings, opportunity for written comments, open discussion and the consideration of public and official comments; and WHEREAS, the Citizen Advisory Committee, appointed by the City Council, by adoption of Resolution Number 07-08, as an appropriate way to provide effective public participation in the EAR Based Amendment process, to assist in the preparation of the Evaluation and Appraisal Report (EAR) based amendments required for the Comprehensive Plan, has recommended adoption of the proposed Comprehensive Plan amendments; and WHEREAS, the Community Development Board, serving as the designated Local Planning Agency for the City, has held a public hearing on the proposed amendments and has recommended adoption of the proposed Comprehensive Plan amendments; and Ordinance No.IVW8*d817 Attachment number 1 Page 2 of 2 WHEREAS, the proposed amendments have been transmitted to the Florida Department of Community Affairs for review and comments, and the objections, recommendations and comments received from the Florida Department of Community Affairs have been considered by the City Council, together with all comments from local regional agencies and other persons, in preparing the final draft of the amendments; and WHEREAS, the City Council finds it necessary, desirable and proper to adopt the amendments to the objectives and policies of the Comprehensive Plan in order to reflect changing conditions; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. Amendments to the text and maps of the Clearwater Comprehensive Plan attached hereto as Exhibit "A" are hereby adopted. Section 2. Severability. If any section, provision, clause, phrase, or application of this Ordinance shall be declared unconstitutional or invalid for any reason by a court of competent jurisdiction, the remaining provisions shall be deemed severable therefrom and shall remain in full force and effect. Section 3. This ordinance shall become effective when the Department of Community Affairs (DCA) issues a final order determining the adopted amendment to be in compliance, or the Administration Commission issues a final order determining the adopted amendments to be in compliance, in accordance with Section 163.3177, 163.3178, 163.3184, 163.3187 or 163.3189, 163.3191, F.S., as amended. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Approved as to form: Leslie K. Dougall-Sides Assistant City Attorney September 4, 2008 Frank Hibbard Mayor-Councilmember Attest: Cynthia E. Goudeau City Clerk 2 Ordinance No.IV&W*817 Attachment number 2 Iw Page 1 of 11 3 -4? re?- STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS "Dedicated to making Florida a better place to call home" CHARLIE CRIST Governor November 10, 2008 The Honorable Frank V. Hibbard Mayor, City of Clearwater Post Office Box 4748 Clearwater, Florida 33758-4748 Dear Mayor Hibbard: THOMAS G. PELHAM Secretary The Department has completed its review of the proposed Comprehensive Plan Amendment for the City of Clearwater (DCA Number 08-2AR), which was received on September 11, 2008. Based on Chapter 163, Part II, Florida Statutes (F.S.), and Rule 9J-5, Florida Administrative Code, we have prepared the attached report, which outlines the Department's findings concerning the amendment. It is particularly important that the City address the objections set forth in our review report so that these issues can be successfully resolved prior to the adoption of the amendment. We have also included a copy of local, regional and state agency comments for your consideration. Within the next 120 days, the City should act by choosing to adopt, adopt with changes, or not adopt the proposed amendment. For your assistance, our report outlines procedures for final adoption and transmittal. The proposed Amendment (DCA Number 08-2AR) is an update to the comprehensive plan based on the Evaluation and Appraisal Report (EAR). In general, the issues identified in this Objections Recommendations, and Comments Report relate to the potential to increase residential density within the Coastal High Hazard Area, the lack of a planning timeframe, concurrency management policies, capital improvements planning, and further clarification of the affordable housing provisions. Our report includes recommendations to help the City in addressing these issues prior to the adoption. 2555 SHUMARD OAK BOULEVARD • TALLAHASSEE, FL 32399-2100 850-488-8466 (p) • 850-921-0781 (f) • Website: www.dca.state.fl.us • COMMUNITY PLANNING 85088-2356 (p) 850486-3309 (f) • FLORIDA COMMUNITIES TRUST 850-922-2207 (p) 850-921-1747 (f) • HOUSING AND COMMUNITY DEVELOPMENT 850-488-79-%(p) 850-922-5623 (f) Item # 17 Attachment number 2 Page 2 of 11 The Honorable Frank V. Hibbard November 10, 2008 Page Two We are available to assist the City in responding to our report. Please contact Valerie Jenkins., Senior Planner, at (850) 922-1803, if we may be of further assistance in the matter. Sincerely, Charles Gauthier, AICP Director, Division of Community Planning CG/vi Enclosures: Objections, Recommendations and Comments Report Review Agency Comments cc: Sandra E. Herman, Planner II, City of Clearwater Manny Pumariega, Executive Director, Tampa Bay Regional Planning Council Item # 17 Attachment number 2 Page 3 of 11 TRANSMITTAL PROCEDURES Upon receipt of this report, the City has 120 days in which to adopt, adopt with changes, or determine that the City will not adopt the proposed amendment. The process for adoption of local comprehensive plan amendments is outlined in s. 163.3184, Florida Statutes (F.S.), and Rule 9J-11.011, Florida Administrative Code (F.A.C.). The City must ensure that all ordinances adopting comprehensive plan amendments are consistent with the provisions of Chapter 163.3189(2)(a), F.S. Within ten working days of the date of adoption, the City must submit the following to the Department: Three copies of the adopted comprehensive plan amendment; A copy of the adoption ordinance; A listing of additional changes not previously reviewed; A listing of findings by the local governing body, if any, which were not included in the ordinance; and A statement indicating the relationship of the additional changes to the Department's Objections, Recommendations and Comments Report. The above amendment and documentation are required for the Department to conduct a compliance review, make a compliance determination and issue the appropriate notice of intent. In order to expedite the regional planning council's review of the amendment, and pursuant to Rule 9J-11.011(5), F.A.C., please provide a copy of the adopted amendment directly to Mamiy Pumariega, Executive Director, Tampa Bay Regional Planning Council. Please be advised that Section 163.3184(8)(c), Florida Statutes, requires the Department to provide a courtesy information statement regarding the Department's Notice of Intent to citizens who furnish their names and addresses at the local government's plan amendment transmittal (proposed) or adoption hearings. In order to provide this courtesy information statement, local governments are required by law to furnish the names and addresses of the citizens requesting this information to the,Department. Please provide these required names and addresses to the Department when you transmit your adopted amendment package for compliance review. In the event no names, addresses are provided, please provide this information as well. For efficiency, we encourage that the information sheet be provided in electronic format. Item # 17 Attachment number 2 Page 4 of 11 DEPARTMENT OF COMMUNITY AFFAIRS OBJECTIONS, RECOMMENDATIONS AND COMMENTS REPORT FOR CITY OF CLEARWATER COMPREHENSIVE PLAN AMENDMENT 08-2ARA November 10, 2008 Division of Community Planning Office of Comprehensive Planning This report is prepared pursuant to Rule 9J-11.0 10, F.A.C. Item # 17 Attachment number 2 Page 5 of 11 INTRODUCTION The following objections, recommendations and comments are based upon the Department's review of the City of Clearwater's proposed amendment to their comprehensive plan (DCA Number 08-2AR) pursuant to Chapter 163.3184, Florida Statutes (F.S.). The objections relate to specific requirements of relevant portions of Rule 9J-5, Florida Administrative Code (F.A.C.), and Chapter 163, Part II, F.S. Each objection includes a recommendation of one approach that might be taken to address the cited objections. Other approaches may be more suitable in specific situations. Some objections may have initially been raised by one of the other external review agencies. If there is a difference between the Department's objection and the external agency advisory objection or comment, the Department's objection would take precedence. Each of these objections must be addressed by the local government and corrected when the amendment is resubmitted for our compliance review. Objections, which are not addressed, may result in a determination that the amendment is not in compliance. The Department may have raised an objection regarding missing data and analysis items, which the local government considers not applicable to its amendment. If that is the case, a statement justifying its non- applicability pursuant to Rule 9J-5.002(2), F.A.C., must be submitted. The Department will make a determination on the non-applicability of the requirement, and if the justification is sufficient, the objection will be considered addressed. The comments, which follow the objections and recommendations section, are advisory in nature and will not form bases of a determination of non-compliance. They are included to call attention to items raised by our reviewers. The comments can be substantive, concerning planning principles, methodology or logic, as well as editorial in nature dealing with grammar, organization, mapping, and reader comprehension. Appended to the back of the Department's report are the comment letters from the other state review agencies and other agencies, organizations and individuals. These comments are advisory to the Department and may not form bases of Departmental objections unless they appear under the "Objections" heading in this report. Item # 17 Attachment number 2 Page 6 of 11 OBJECTIONS, RECOMMENDATIONS AND COMMENTS REPORT FOR THE CITY OF CLEARWATER AMENDMENT 08-2AR I. CONSISTENCY WITH CHAPTER 163, PART 11, FLORIDA STATUTES (F.S.), AND RULE 9J-5, FLORIDA ADMINISTRATIVE CODE (F.A.C.) The City's proposed Amendment 08-2AR is the Evaluation and Appraisal Report (EAR) based plan amendments to update the Comprehensive Plan. The Department raises the following objections and comments to proposed Amendment 08-2AR. OBJECTIONS: A. Future Land Use Element: 1. Lack of Planning Timeframe: The Future Land Use Map does not indicate the future timeframe for which it is intended consistent with the planning timeframe for the City's comprehensive plan. Section 163.3177(5)(a), F.S., requires that comprehensive plans include at least two planning periods, one covering at least the first 5-year period occurring after the plan's adoption and one covering at least a 10-year period. [Section 163.3177(5)(a), (6)(a); and Rules 9J-5.005(4), F.A.C.] Recommendation: Include with the amendment a Future Land Use Map with the future timeframe for which it is intended clearly stated on the map consistent with the planning time-frame for the City's comprehensive plan. 2. Density Bonuses for Affordable Housing Incentives: Proposed Policy A.2.2.7 to the Future Land Use Element requires that the City provide density bonuses to developers of affordable housing and/or mixed-income developments based on recommendations established in the City's Housing Assistance Plan. Likewise, proposed Policy C.1.10. of the Housing Element would provide for density bonuses for affordable housing projects that are constructed consistent with the US Green Building Council. However, there is no policy in the City's Plan to define the amount of development that will be granted under a bonus program, and how it will be implemented. Additionally, the proposed bonus program has the potential to increase residential development in the Coastal High Hazard Area; however, the proposed policies do not ensure that such density bonuses would not be permitted on properties located within the City's Coastal High Hazard Area. Therefore, the proposed policies could direct population concentration to the Coastal High Hazard Area. [Sections 163.3177(6)(t)l.f; 163.3178(1) and (2)(h); 163.3178(9)(a), F.S.; and Rules 9J- 5.005(6); Rule 9J-5.010(3)(b)7.; 9J-5.012(2)(e)1, (3)(b)5., 6., & 7.; 9J-5.016(3)(b)2, F.A.C.] Item # 17 Attachment number 2 Page 7 of 11 Recommendation: Revise these policies to define the amount of residential development that: will be granted under a density bonus program, and how the program will be implemented by the City. Additionally, include language to these policies that would ensure that such density bonuses are not being permitted within the Coastal High Hazard Area. 3. Comment: • Objective A.4.1 and Policy A.4.1.1 refer to levels of service for traffic circulation. However, the policy should be revised to refer to levels of service for roads instead of traffic circulation. B. Coastal Element: 4. Coastal High Hazard Area Mat?: Objective E.1.2 and Policy 1.2.1 creates the Coastal Storm Area definition which encompasses the Coastal High Hazard Area. A map depicting the Coastal Storm Area boundary as an area that includes the Coastal High Hazard Area boundary is provided. However, based on the statutory requirements, the Coastal Storm Area map does not make a clear distinction between the Coastal Storm Area and Coastal High Hazard Area boundaries. Therefore, the City's Plan is not proposed to be revised to identity the Coastal High Hazard Area as required by law. [Section 163.3178(2)(h), F.S., and Rules 9J-5.006(4)(b)6.; 9J-5.012(2)(e)3., F.A.C.] Recommendation: Amend the Coastal Storm Area Map to clearly depict the Coastal High Hazard Area/Category 1 Storm Surge, as defined by Section 163.3178(2)(h), F.S. 5. Public Expenditures within the Coastal High Hazard Area: Proposed Policy E.3.1.4 appears to contradict proposed Policy E.3.1.3. While Policy E.3.1.3 states that the City will "limit public expenditures that subsidize development permitted in Coastal High Hazard Areas except for the restoration or enhancement of native resources," Policy E.3.1.4 states that the City will "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 proposed densities of the Future Land Use Element." Thus, Policy E.3.1.4 has the potential to subsidize development that will increase density within the Coastal High Hazard Area. [Sections 163.3178(1) and (2)(h); 163.3178(9)(a), and Rules 9J-5.005(6); 9J- 5.012(3)(b)5., 6., & 7.; 9J-5,012(2)(e)l; 9J-5.016(3)(b)2, F.A.C] Recommendation: Revise proposed Policies E.3.1.3 and E.3.1.4 to be internally consistent and to require no subsidization of development that will increase density within the Coastal High Hazard Area. 2 Item # 17 Attachment number 2 Page 8 of 11 6. Comments: • Objective E.1.2 and Policy 1.2.1 does not reference the correct Coastal Storm Area Map. Objective E.1.2 and Policy 1.2.1 identifies Map-13 as the Coastal Storm Area map; however, the Coastal Storm Area map included as part of the map series is identified as Map E-1. Therefore, the City should revise Objective E.1.2 and Policy 1.2.1 to identify Map E-1 as the correct Coastal Storm Area map. • Proposed Policy E.4.1.9 provides for the preparation of a post-disaster redevelopment plan in an effort to reduce or eliminate the exposure of human life and public and private property to natural hazards. However, the policy does not specify a date by which the City will have its post-disaster redevelopment plan prepared. C. Capital Improvements Element: 7. Lack of Potable Water Supply Concurrency: The Capital Improvements Element does not address the requirements of Section 163.3180(2)(a), F.S., pertaining to water supply concurrency which requires the following: that adequate water supplies be in place and available to serve new development no later than the issuance by the local government of a certificate of occupancy or its functional equivalent; and that prior to approval of a building permit or its functional equivalent, the local government shall consult with the applicable water supplier to determine whether adequate water supplies to serve the new development will be available no later than the anticipated date of issuance by the local government of a certificate of occupancy or its functional equivalent. [Section 163.3177(6)(x) and (c); 163.3180(2)(a), F.S. Rules 9J-5.005(6); 9J-5.0055(3); 9J-;1.011(1 and 2); 9J-5.016(3)(c)5 and 6, F.A.C.] Recommendation: Revise the amendment to include a policy to ensure that the applicable water supplier is consulted prior to the issuance of a building permit or its functional equivalent to ensure potable water supply will be available prior to the issuance of a certificate of occupancy as required by Section 1613180(2)(a), F.S. 8. Lack of a Five-year Schedule of Capital Improvements: This EAR-based amendment is not accompanied by an update of the Capital Improvements Element to include an updated Five-year Schedule of Capital Improvements as required by Section 163.3177(3)(a)5., F.S., which addresses the capital improvements needs of the City during the next five years. [Sections 163.3164(32); 163.3177(2), (3)(a), (3)(b), (3)(c), (3)(d), and (3)(e).; 163.3177(6)(a), (c), (8), F.S, and Rules 9J-5.005(2)(a), (c); 9J-.005(5); 9J-5.055(2)(a); 9J- .006(2)(a), 9J-5.01 I(1)(b), (f) & (2)(b) & (c) and 9J-5.016(4)(a), F.A.C.] Item # 17 Attachment number 2 Page 9 of 11 Recommendation: Include, in the plan, a financially feasible Five-year Schedule of Capital Improvements with committed funding for improvements in the first three years and planned funding for the remaining two years of the Five-year Schedule. The data and analysis pertaining revenues and expenditure have to be updated to show that there is adequate fund in each identified source to pay for the listed capital improvements. Also, the data and analysis supporting the Five-year Schedule should include an update of the projected capital improvement needs of the City and show that the improvements on the schedule will maintain and achieve the adopted level of service standards. This should be done by assessing what improvements are needed to achieve and maintain level of service in the short tern planning horizons, the cost of the improvements for the short teen, the funds available to pay for the improvements, and the timing of the improvements. For long term projected capital facility needs, the comprehensive planmust include long- term strategies which include programs and activities for the elimination of existing capacity deficits (Rule 9J-5.016(3)(c)l.b., F.A.C.), but need not be accompanied by a demonstration that funding for projected needs is currently available or available from plarmed funding resources. Rather, these strategies should be embodied in policies that, as with others in the comprehensive plan, spell out the way in which programs and activities are conducted to achieve and maintain the adopted level of service standards for the long term. 9. Lack of Adopted Level of Service Standards in the Coital Improvements Element: With the exception of schools, the Capital Improvements Element does not set forth the level of service standards for public facilities subject to concurrency which is required by Section 163.3177(3)(a)3., F.S. [Section 163.3177(3)(a)3., F.S., and Rules 9J-5.005(3); 9J-5.0055(2)(a)1., 2., 3., 4., 5., 6., and 8.; 9J-5.015(3)(b)3; 9J-5.016(3)(c)4., F.A.C.] Recommendation: Revise the Capital Improvements Element to include a policy that establishes level of service standards for public facilities subject to Concurrency. 10. Lack of Concurrence Requirements for Roads: The proposed amendment to the Capital Improvements Element does not include changes to address the new requirement in the law pertaining to transportation concurrency. Pursuant to Section 163.3180(2)(c), F.S., transportation facilities needed to serve new development shall be in place or under actual construction within 3 years after the local government approves a building permit or its functional equivalent that results in traffic generation. To address this issue, Policy L1.3.3, subsection 3, references Policy I.1.3.3.1 and 1.1.3.3.2 which do not include provisions addressing the update to the law cited above. [Section 163.3180(2)(c), F.S., and Rules 9J-5.005(6); 9J-5.0055(3); 9J-5.016(3)(c)5. and 6., F.A.C.] 4 Item # 17 Attachment number 2 Page 10 of 11 Recommendation: Revise Policy 1.1.3.3, subsection 3, to delete reference to Policies I.1.3.3.1 and 1.1.3.3.2, and to include provision that will ensure that transportation facilities needed to serve new development shall be in place or under actual construction within 3 years after the local government approves a building permit or its functional equivalent that results in traffic generation in order to be consistent with the above cited provision of the law. D. Transportation Element: It. Lack of Planning Tirneframe: The Future Transportation Map and map series (Map Ws B-1, B-3, B-4, B-5, B-7, B-8, B-9, B-11, and B-12) do not indicate the future timeframe for which they are intended consistent with the planning timeframe for the City's comprehensive plan. Section 163.3177(5)(a), F.S., requires that comprehensive plans include at least two planning periods, one covering at least the first 5-year period occurring after the plan's adoption and one covering at least a 10-year period. [Section 163.3177(5)(a); and Rules 9J-5.005(4), F.A.C.] Recommendation: Include, with the amendment, a Future Transportation Map and map series with the future timeframe for which they are intended clearly stated on all maps consistent with the planning timeframe for the City's comprehensive plan. 12. Comments: • Objective B.1.5 states that, "All County and State roadways in Clearwater, except those identified as backlogged or constrained by Pinellas County MPO, shall operate at level C average daily/D peak hour. However, the Florida Department of Transportation (FDOT) requests that the City revise this objective to delete reference to the State Roadways. • Policy B.1.5.5 states that, "The City shall participate with the MPO and/or its Technical Coordinating Committee to ensure that the level of service standard for US Highway 19, a Strategic Intermodal System facility will be consistent with FDOT's LOS designation of `D' for this road. However, the FDOT requests that the City revise this policy to state that the LOS standard for US 19 is "D". F. Housing Element: 13. Density Increase s/Accesso Dwell in Units for Affordable Housing Proiqcts: Proposed Policies C.1.9.1 and C.1.9.4 would permit density increases for projects incorporating affordable housing units. However, the policies do not clearly define the amount of additional density possible to be allowed in a particular land use category and to a,!?so restrict such bonuses from occurring within the Coastal High Hazard Area. Item # 17 Attachment number 2 Page 11 of 11 Additionally, proposed Policies C.1.1.8 and C.1.9.5 to this element and A.6.1.12 to the Future Land Use Element would allow accessory dwelling units within the City based on sufficient parking, and other standards. However, the City's Plan does not include adequate standards guiding the development of accessory dwelling units, such as defining the density of use that will be allowed, requiring that such accessory units are not built within the Coastal High Hazard Area and that the assessment of public facility impacts take into account the accessory units. [Sections 163.3177(6)(f)Lf; 163.3178(1) and (2)(h); 163.3178(9)(a), F.S.; and Rules 9J- 5.005(6); Rule 9J-5.010(3)(b)7.; 9J-5.012(2)(e)l, (3)(b)5., 6., & 7.; 9J-5.016(3)(b)2, F.A.C.] Recommendation: Revise Policies C.1.9.1 and C.1.9.4 to clearly define the amount of additional density to be allowed in a particular land use category as affordable housing bonus. Additionally, revise Policies C.1.1.8 and C.1.9.5 to clearly define the amount of density to be established for accessory dwelling units. Furthermore, revise the policies to require that affordable housing bonuses as well as accessory dwelling units are not allowed on properties located within the Coastal High Hazard Area. Also, define the tenn "accessory dwelling units" and require that the assessment for public facility impact take into account the affordable housing units as well as accessory dwelling units allowed. II. CONSISTENCY WITH THE STATE COMPREHENSIVE PLAN The proposed amendments do not adequately address and further the State Comprehensive Plan, relating to the following goals and policies: • Goal 6.a, (Public Safety); Policy 6.b.23; (The amendments related to Objections 2 and 13); • Goal 7.a, (Water Resources); Policies 7.b.5; (The amendments related to Objection 7); • Goal 17.a, (Public Facilities); Policies 17.b.5; (The amendments related to Objection 8); • Goal 19.a, (Transportation); Policies 19.b.3, and 19.b.13; (The amendments related to Objection 12); • Goal 25.a., (Plan Implementation); Policy 25.b.7 (The amendments related to all of the above objections). Recommendation: Revise the proposed amendments to be consistent with the above goals and policies of the State Comprehensive Plan, as recommended in this report. 6 Item # 17 Attachment number 3 Page 1 of 8 RESPONSES TO: DCA'S OBJECTIONS, RECOMMENDATIONS AND COMMENTS REPORT FOR THE CITY OF CLEARWATER AMENDMENT 08-2AR L CONSISTENCY WITH CHAPTER 163, PART II, FLORIDA STATUTUES (F.S.), AND RULE 9J-5, FLORIDA ADMINISTRATIVE CODE (F.A.C.) The City of Clearwater's proposed Amendment 08-2AR is the Evaluation and Appraisal Report (EAR) based plan amendments to update the Comprehensive Plan. The City's responses are provided below to the Department of Community Affairs (DCA) Objections, Recommendations, and Comments (ORC) report: A. FUTURE LAND USE ELEMENT: 1. LACK OF PLANNING TIMEFRAME: A. Pi C:AProgram Files\Neevia.COm\DOCUment Converter\temp\PDFConvertPROD.8009.1.RESPONSES TO DCA ORC 08-2AR.doc - l - - - - - Item # 17 Attachment number 3 Page 2 of 8 2. DENSITY BONUSES FOR AFFORDABLE HOUSING INCENTIVES: A2.2.7 1 ,10,1 3. OBJECTIVE A.4.1 AND POLICY A.4.1.1 - REGARDING LOS FOR "TRAFFIC CIRCULATION" - CHANGE TO "ROADS". 1:.., C:AProgram Files\Neevia.COm\DOCUment Converter\temp\PDFConvertPROD.8009. LRESPONSES TO DCA ORC 08-2AR.doc -2- - - - - Item # 17 Attachment number 3 Page 3 of 8 B. COASTAL ELEMENT: 4. COASTAL HIGH HAZARD AREA MAP: THE COLORS USED IN THE LEGEND FOR THE EVACUATION AREAS SHOULD BE MODIFIED FOR CLARITY. 5. PUBLIC EXPENDITURES WITHIN THE COASTAL HIGH HAZARD AREA: 6. OBJECTIVE E.1.2 AND POLICY 1.2.1 - REGARDING THE CORRECT COASTAL STORM AREA MAP. POLICY E.4.1.9 - SET DATE FOR THE POST-DISASTER REDEVELOPMENT PLAN *fl t C:AProgram Files\Neevia.COm\DOCUment Converter\temp\PDFConvertPROD.8009. LRESPONSES_TO_DCA_ORC_08-2AR.doc -3- Item # 17 Attachment number 3 Page 4 of 8 C. CAPITAL IMPROVEMENTS ELEMENT: 7. LACK OF POTABLE WATER SUPPLY CONCURRENCY: 8. LACK OF A FIVE-YEAR SCHEDULE OF CAPITAL IMPROVEMENTS: 9. LACK OF ADOPTED LEVEL OF SERVICE STANDARDS IN THE CAPITAL IMPROVEMENTS ELEMENT: 1. C:AProgram Files\Neevia.COm\DOCUment Converter\temp\PDFConvertPROD.8009. LRESPONSES_TO_DCA_ORC_08-2AR.doc -4- Item # 17 Attachment number 3 Page 5 of 8 10. LACK OF CONCURRENCY REQUIREMENTS FOR ROADS: L 1,33 3. D. TRANSPORTATION ELEMENT: 11. LACK OF PLANNING TIMEFRAME ON MAPS: C:AProgram Files\Neevia.COm\DOCUment Converter\temp\PDFConvertPROD.8009.1.RESPONSES_TO_DCA_ORC_08-2AR.doc - 5 - Item # 17 Attachment number 3 Page 6 of 8 12. OBJECTIVE B.1.5 REGARDING REFERENCE TO THE STATE ROADWAYS AND POLICY B.1.5.5 REGARDING THE D LOS FOR US 19. B.1. F. HOUSING ELEMENT: 13. DENSITY INCREASES/ACCESSORY DWELLING UNITS FOR AFFORDABLE HOUSING PROJECTS: C. C:AProgram Files\Neevia.COm\DOCUment Converter\temp\PDFConvertPROD.8009. LRESPONSES TO DCA ORC 08-2AR.doc -6- - - - - Item # 17 Attachment number 3 Page 7 of 8 1 R 1.1.1. C:AProgram Files\Neevia.COm\DOCUment Converter\temp\PDFConvertPROD.8009.1.RESPONSES TO DCA ORC 08-2AR.doc -7- - - - - Item # 17 Attachment number 3 Page 8 of 8 dd e- C:AProgram Files\Neevia.COm\DOCUment Converter\temp\PDFConvertPROD.8009.1.RESPONSES TO DCA ORC 08-2AR.doc -8- - - - - Item # 17 Attachment number 4 Page 1 of 14 MOTION TO AMEND ORDINANCE NO. 7993-08 ON SECOND READING 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 120,028 121,352 by the year 2018 2CQ9. 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, 20080 ON PAGE A - 14, AMEND EXHIBIT A OF THE ORDINANCE AS FOLLOWS: Motion to Amend Ordinance 7993-08 -1- Item # 17 Attachment number 4 Page 2 of 14 Policy A.2.2.7 of the Future Land Use Element is amended as follows: 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. The G+ty will nrn„ide density devolepmonSP-d nn ronnmmonrlo s3=uhlhp-d ire ??? nn?'II-hni icinn ssistanno Dian aRd imnlomon4or! thro gh the (' tYL GGFnFn initY DeVelnnmont Cede ON PAGE A - 14, AMEND EXHIBIT A OF THE ORDINANCE AS FOLLOWS: The Future Land Use Element is amended by the addition of new policy A.2.2.8 as follows: A.2.2.8 All land use cateaories on the Future Land Use MaD shall be consistent with the densitv and intensitv 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 roads traffic 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 Motion to Amend Ordinance 7993-08 -2- Item # 17 Attachment number 4 Page 3 of 14 of service monitoring system shall be adjusted, at a minimum, annually to determine adequacy of service capacity. 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: Policy A.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, , recreation and open space, water, sewage treatment, garbage collection ublic 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: or r the rear! limes oni imorator! in the Trans A 4 1 2 F=n tation EI° ?-a p -. 1 of no is esta o initial l hlished Tg tied-' ye - - - - , o?i??oniino f nr - . _n c n cr v rvc i?? rrnrrur? i i i vr cP crv?vc r the purposse- of ssu ng development perm ts s Gen?ient ?Nit aft nrn?i ontaFe GG)M 7etL hall be inGreased h tho nnnc+n in+inn p L initiation r?atoc A.4.1.2 A 4 1 3 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: Motion to Amend Ordinance 7993-08 -3- Item # 17 Attachment number 4 Page 4 of 14 Policy A.6.1.12 of the Future Land Use Element is amended as follows: ON PAGE B - 6, AMEND EXHIBIT A OF THE ORDINANCE AS FOLLOWS: Objective 13.1.5 of the Transportation Element is amended as follows: B.1.5 Objective - All County and State roadways in Clearwater, except those identified as backlogged or constrained by the Pinellas County MPO, shall operate at level C average daily/D peak hour. ON PAGE B - 7, AMEND EXHIBIT A OF 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 JSIS) facility is he consistent with FDOT's LOS designation of D for this road. ON PAGE B - 10, AMEND EXHIBIT A OF THE ORDINANCE AS FOLLOWS: Objective 13.2.3 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 w/Frontage Rd., Belleair Interchange • US Highway 19 From: S of Seville Blvd. To N of SR 60 State Summary: Reconstruct US 19 w/Frontage Rd., Seville Interchange ON PAGE C - 3, AMEND EXHIBIT A OF THE ORDINANCE AS FOLLOWS: Policy C.1.1.8 of the Housing Element is amended as follows: C.1.1.8 The City may permit der one accessory dwelling units per 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 Motion to Amend Ordinance 7993-08 -4- Item # 17 Attachment number 4 Page 5 of 14 requirements to be developed for inclusion in the Community Development Code. 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. oor.m.it GIor,S,+„ innreases fnr 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 Consider providing density ben, mes fe Encourage affordable housing projects that are constructed consistent with US Green Building Council's (USGBC) Leadership in Energy and Environmental Design (LEED) principles or the Florida Green Building Coalition's (FGBC) Green Land Development and Building Standards. ON PAGE D - 1, AMEND EXHIBIT A OF THE ORDINANCE AS FOLLOWS: The second, third and fourth bullets of the Utilities Needs Summary for Sanitary Sewer are amended as follows: Motion to Amend Ordinance 7993-08 -5- Item # 17 Attachment number 4 Page 6 of 14 • The minimum level of service standard is an average of 127 gallons per person per day (GPCD). Thp- ?4a°? r.ch,°II Ctrreet ?eaont fonility preyid96 S FVGe att -A nofr nine ?#? h1 -Arbor! .nr! bNentv_fe it (124) gallons per nanita per day (GPCRD- 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 EE=1 4-3-9 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: Motion to Amend Ordinance 7993-08 -6- Item # 17 Attachment number 4 Page 7 of 14 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 on the bluffs of Clearwater Harbor that the City has identified in Map EE=1 44-8 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 prepesed densities permitted by the City's adopted e# the Future Land Use Element 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 EXHIBIT A OF THE ORDINANCE AS 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, Motion to Amend Ordinance 7993-08 -7- Item # 17 Attachment number 4 Page 8 of 14 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. ON PAGE 1- 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 EXHIBIT A OF THE ORDINANCE AS 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 EXHIBIT A OF THE ORDINANCE AS 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. r P_.Man+ ?.Uill be satisfied hcca-may the vriteY1O nnn?aino T Dnliw 32.3.2-4 Or Dnlinv 32.3.3.2 nr if areas in Whinh the City hoc nemmifte r? to nreyide the nenVa esasary p blip facilities City ar--ti ial nenstri intien of the read er macs transit facilities is third year of the Motion to Amend Ordinance 7993-08 -8- Item # 17 Attachment number 4 Page 9 of 14 ON PAGE I - 9, AMEND EXHIBIT A OF THE ORDINANCE AS FOLLOWS: 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 Highway System (FINS), and Transportation Regional Impact Project (TRIP) funded state roads. ON PAGE I - 9, AMEND EXHIBIT A OF THE ORDINANCE AS 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 city 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 Design 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 - year storm frequency when no outfall and discharge is to street right-of-way.* 100 - year storm frequency when no outfall and discharge is across private property.* * Design standards for stormwater quality Motion to Amend Ordinance 7993-08 -9- Item # 17 Attachment number 4 Page 10 of 14 treatment/storage quantity shall conform to the current SWFWMD requirement [Presently being the SCS Unit Hydrograph design method, using the design storm frequency and a twenty-four (24) hour duration for sites ten (10) acres or more, and the rational design method for sites under ten (10) acresl. Potable Water and Natural Utilities Average Water Consumption Rate 120 gallons per capita per day at a pressure of 40-45 Ground Water A uifer Recharge psj.* *Continue to maintain water consumption of one hundred twenty (120) GPCPD or less as per the conditions set forth by Clearwater's Water Use Permit. Hurricane Coastal 16 hours (out of county for a category 5-storm event evacuation Management as measured on the Saffir-Simpson scale) Parks Recreation and 4 acres of parkland per one thousand (1,000) persons Open Space for Citywide application 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 public school facility ON PAGE I - 11, AMEND EXHIBIT A OF THE ORDINANCE AS 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 sStandard: Student enrollment alus vested students divided by Florida Inventory of School Houses (FISH) School Capacity plus additional capacity does not exceed 100 aercent. This level-of-service standard shall aaaly to each tvae of public school facilit Motion to Amend Ordinance 7993-08 -10- Item # 17 Attachment number 4 Page 11 of 14 ON PAGE J - 3, AMEND EXHIBIT A OF THE ORDINANCE AS 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 sStandard: Student enrollment Dlus vested students divided by Florida Inventory of School Houses (FISH) School Capacity plus additional capacity does not exceed 100 Dercent. This level-of-service standard shall aaDly to each tvae of Dublic school facilitv 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: Existing Existing Level of Service (Major Road Network) Motion to Amend Ordinance 7993-08 -11- Item # 17 Attachment number 4 Page 12 of 14 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: Road Network: 2018 2CQa 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 2008 - 2018 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: Jurisdictional Classification 2008 - 2018 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: ExiStiRg 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: ?5 2018 Functional Classification Motion to Amend Ordinance 7993-08 -12- Item # 17 Attachment number 4 Page 13 of 14 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: Major Trip Attractors and Generators 2008 - 2018 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 gnnR - gni 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 2008 - 2018 ON THE TRANSPORTATION ELEMENT MAP #: B-11, AMEND EXHIBIT A OF THE ORDINANCE AS FOLLOWS: Motion to Amend Ordinance 7993-08 -13- Item # 17 Attachment number 4 Page 14 of 14 The title block for the Transportation Element Map #: B-11 is amended as follows: Airpark Plan gnnR _ gni R 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 gnnR _ gn1 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. Pamela K. Akin City Attorney December 18, 2008 Motion to Amend Ordinance 7993-08 -14- Item # 17 Attachment number 5 Page 1 of 4 CDB Meeting Date Case # Ordinance Agenda Item: REQUEST: December 16, 2008 CPA2007-06003 7993-08 F-1 CITY OF CLEARWATER PLANNING DEPARTMENT STAFF REPORT COMPREHENSIVE PLAN AMENDMENTS Clearwater Comprehensive Plan Text Amendments INITIATED BY: City of Clearwater Planning Department BACKGROUND INFORMATION AND ANAYLSIS: On August 26, 2008, the CDB reviewed and recommended approval of Ordinance No.7993-08 which would amend the Clearwater Comprehensive Plan consistent with the Evaluation and Appraisal Report (EAR). The City Council approved the ordinance on first reading on September 4, 2008 and the amendments were transmitted to the Department of Community Affairs (DCA) consistent with Florida Statutes. The DCA, along with other state agencies, have reviewed the proposed amendments and issued an Objections, Recommendations and Comments (ORC) Report which requires revisions to proposed Ordinance No. 7993-08. This agenda item involves changes to the EAR-based amendments to the Clearwater Comprehensive Plan, both substantive and editorial, pursuant to the Florida Department of Community Affairs' (DCA) Objections, Recommendations, and Comments Report (ORC). The Planning Department is requesting that the Community Development Board, acting as the Local Planning Agency, review the proposed changes to the EAR-based amendments and recommend approval to the City Council. The following information is attached for your convenience in making this recommendation: • Ordinance 7993-08 • Objections, Recommendations and Comments Report • Response to the Objections, Recommendations and Comments Report by the Planning Department C:Program Files Weevia.ComDocument ConverterltemplPDFConvertPROD.8012.1.CDB staff report_for ord_7993- 08 2nd reading3.doc Page - 1 CPA2007-OO # 17 Attachment number 5 Page 2 of 4 • Motion to Amend Ordinance 7993-08 on Second Reading. • Link to review the Map changes: username: vendor password: clearwater open folder name: 2008 Comp Plan Map Changes on Second Reading The Motion to Amend makes substantive and minor editorial changes to the Future Land Use, Transportation, Housing, Utilities, Coastal Management, Intergovernmental Coordination, Capital Improvements, and Public School Facilities Elements, including maps within the Future Land Use, Transportation and Coastal Management elements, as required by the ORC. Editorial changes remove 2 text blocks and make minor typographical corrections. Revisions have also been made to several maps. Substantive revisions change policies relative to: • affordable housing • transportation • post disaster redevelopment plans The Response to the ORC Report identifies sources of these changes as well as the changes to various goals, objectives and policies, as well as changes to several maps. STANDARDS FOR REVIEW Pursuant to Community Development Code Section 4-603(F) no amendment to the Clearwater Comprehensive Plan shall be approved unless it complies with the following standards: 1. The amendment will further implementation of the Comprehensive Plan consistent with the goals, policies and objectives contained in the plan. The proposed amendment further refines the City's existing policies and objectives. The proposed amendment is consistent with the existing goals, objectives, and policies contained in the comprehensive plan. 2. The amendment is not inconsistent with other provisions of the Comprehensive Plan. The proposed amendment is consistent with other provisions of the Comprehensive Plan. 3. The available uses. if abblicable_ to which the brobertv may be but are abbrobriate C:Program Files Weevia.ComDocument ConverterltemplPDFConvertPROD.8012.1.CDB staff report_for ord_7993- 08 2nd reading3.doc Page - 2 CPA2007-OO # 17 Attachment number 5 Page 3 of 4 to the propert in question and compatible with existing and planned uses in the area. The proposed amendment is a text amendment (and includes maps within the elements) that is not directly related to a specific property. 4. Sufficient public facilities are available to serve the property. The proposed amendment is a text amendment (and includes maps within the elements) that is not directly related to a specific property. 5. The amendment will not adversely affect the natural environment. The proposed amendment seeks to provide consistent and coordinated efforts for the processes and procedures for preserving and enhancing the natural environment in coordination with other agencies such as Southwest Florida Water Management District (SWFWMD), Department of Environmental Protection (DEP) and Tampa Bay Water (TBA) within several of the elements including Conservation, Coastal Management and Future Land Use as recommended in the Evaluation and Appraisal Report. 6. The amendment will not adversely impact the use of property in the immediate area. The proposed amendment is a text amendment (and includes maps within the elements) that is not directly related to a specific property. SUMMARY AND RECOMMENDATION: In response to the Objections, Recommendations and Comments Report issued by the Department of Community Affairs, revisions need to be made to the EAR-based amendments contained in Ordinance No. 7993-08 on second reading. Due to the number of revisions required to be made, it is necessary for the Community Development Board, acting in its capacity as the Local Planning Agency, to review the proposed changes. Planning Department staff recommends approval of the revisions contained in the Motion to Amend which affects the Future Land Use, Transportation, Housing, Utilities, Coastal Management, Intergovernmental Coordination, Capital Improvements, and Public School Facilities Elements, by making both substantive and editorial changes, pursuant to the Objections, Recommendations and Comments Report, Florida Statutes and the Rules of the Florida Administrative Code. Prepared by Planning Department Staff: C:Program Files Weevia.ComDocument ConverterltemplPDFConvertPROD.8012.1.CDB staff report_for ord_7993- 08 2nd reading3.doc Page - 3 CPA2007-OO # 17 Attachment number 5 Page 4 of 4 Sandra E. Herman Planner III ATTACHMENTS: Ordinance No. 7993-08 Objections, Recommendations and Comments Report Response to Objections, Recommendations and Comments Report Motion to Amend on Second Reading C:Program Files Weevia.ComDocument ConverterltemplPDFConvertPROD.8012.1.CDB staff report_for ord_7993- 08 2nd reading3.doc Page - 4 CPA2007-OO # 17 Attachment number 6 Page 1 of 1 Due to the large size of the map files, we are unable to send them electronically. The maps are accessible by going to the following link. (Please follow the directions below) Click on the following Link to review the Map changes: Type in username: vendor Type in password: clearwater Open folder name: 2008 Comp Plan Map Changes On Second Reading Item # 17 Work Session Council Chambers - City Hall Meeting Date: 12/15/2008 SUBJECT / RECOMMENDATION: Authorize instituting a civil action against Crimone Development Corporation to recover $1,817.23 for damage to City property. (consent) SUMMARY: On January 25, 2008, Crimone Development Corporation was performing work in the vicinity of 4516 Seagull Drive, in New Port Richey, Pasco County, Florida. On that date, employees of Crimone Development Corporation hit a marked gas line resulting in a loss to City property in the amount of $1,817.23. Attempts to collect the amount of damages from Crimone Development Corporation have been unsuccessful. The Legal Department requests authority to bring a legal action against Crimone Development Corporation to recover the moneys owed to the City for the aforesaid property damage. Type: Operating Expenditure Current Year Budget?: Yes Budget Adjustment Comments: Current Year Cost: $205.00 Not to Exceed: For Fiscal Year: 10/01/08 to 09/30/08 Appropriation Code 590-07000-545900-519000 Bid Required?: Other Bid / Contract: No Amount $205.00 Budget Adjustment: No Annual Operating Cost: $205.00 Total Cost: $205.00 Appropriation Comment Bid Number: Bid Exceptions: Other Review Approval: 1) Office of Management and Budget 2) Legal 3) Clerk 4) Clerk Cover Memo Item # 18 Work Session Council Chambers - City Hall Meeting Date: 12/15/2008 SUBJECT / RECOMMENDATION: Authorize instituting a civil action against Davis Construction Co. of Pinellas County to recover $1,665.62 for damage to City property. (consent) SUMMARY: On January 7, 2006, Davis Construction Co. of Pinellas County was performing work in the vicinity of 2050 East Bay Drive, in Largo, Florida. On that date, employees of Davis Construction hit a gas line resulting in a loss to City property in the amount of $1,665.62. Attempts to collect the amount of damages from Davis Construction Co. of Pinellas County have been unsuccessful. The Legal Department requests authority to bring a legal action against Davis Construction Co. of Pinellas County to recover the moneys owed to the City for the aforesaid property damage. Type: Operating Expenditure Current Year Budget?: Yes Budget Adjustment Comments: Current Year Cost: $205.00 Not to Exceed: For Fiscal Year: 10/01/08 to 09/30/09 Appropriation Code 590-07000-545900-519000 Bid Required?: Other Bid / Contract: No Amount $205.00 Budget Adjustment: No Annual Operating Cost: $205.00 Total Cost: $205.00 Appropriation Comment Bid Number: Bid Exceptions: None Review Approval: 1) Office of Management and Budget 2) Legal 3) Clerk 4) Clerk Cover Memo Item # 19 Work Session Council Chambers - City Hall Meeting Date: 12/15/2008 SUBJECT / RECOMMENDATION: Authorize instituting a civil action against Environmental Crossings, Inc., ro recover $9,696.27 for damage to City property. (consent) SUMMARY: On September 20, 2007, Environmental Crossings, Inc., was performing work in the vicinity of C.R. 38, west of U.S. Hwy. 19, in Palm Harbor, Florida. On that date, employees of Environmental Crossings, Inc., hit an accurately marked gas line resulting in a loss to City property in the amount of $9,696.27. Attempts to collect the amount of damages have been unsuccessful. The Legal Department requests authority to bring a legal action against Environmental Crossings, Inc., to recover the moneys owed to the City for the aforesaid property damage. Type: Operating Expenditure Current Year Budget?: Yes Budget Adjustment Comments: Current Year Cost: $330.00 Not to Exceed: For Fiscal Year: 10/01/08 to 09/30/09 Appropriation Code 590-07000-545900-519000 Bid Required?: Other Bid / Contract: No Amount $330.00 Budget Adjustment: No Annual Operating Cost: $330.00 Total Cost: $330.00 Appropriation Comment Bid Number: Bid Exceptions: None Review Approval: 1) Office of Management and Budget 2) Legal 3) Clerk 4) Clerk Cover Memo Item # 20 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: City Manager Verbal Reports SUMMARY: Review Approval: 1) Clerk Meeting Date: 12/15/2008 Cover Memo Item # 21 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Other Council Action SUMMARY: Review Approval: 1) Clerk Meeting Date: 12/15/2008 Cover Memo Item # 22 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Home of the Quarter, Business of the Quarter, and Neighborhood of the Quarter SUMMARY: Review Approval: 1) Clerk Meeting Date: 12/15/2008 Cover Memo Item # 23 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Human Rights Week Proclamation - Lawrence Jaffe, Stazja McFadyen, and Shelley Jaffe SUMMARY: Review Approval: 1) Clerk Meeting Date: 12/15/2008 Cover Memo Item # 24 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: National Homeless Persons Memorial Day Proclamation - received by Sara Snyder SUMMARY: Review Approval: 1) Clerk Meeting Date: 12/15/2008 Cover Memo Item # 25