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08/17/2009
WORK SESSION AGENDA Council Chambers - City Hall 8/17/2009 - 9:00 AM 1. Presentations 1.1Service Awards Attachments 1.2NACWA Platinum Peak Performance Award Attachments 2. Economic Development and Housing 2.1Approve letter for Mayor's signature for Clearwater Regional Chamber of Commerce's Clearwater City Map project. (consent) Attachments 3. Fire Department 3.1Approve the Extension of Fire Protection Services Agreement between Pinellas County Fire Protection Authority and City of Clearwater for one year extending until September 30, 2010. (consent) Attachments 4. Financial Services 4.1Award a contract for utility rate study and other professional services for the five year period ending August 31, 2014 for the Water and Sewer, Stormwater, Solid Waste and Recycling utilities to Burton and Associates, Inc. of St. Augustine, Florida for a not-to-exceed amount of $335,000, and authorize appropriate officials to execute same. (consent) Attachments 5. Public Utilities 5.1Amend Chapter 32 as related to reclaimed water availability fee parameters and exemptions and incentives for well, lake or pond irrigation systems in specified areas and pass Ordinance 8086-09 on first reading. Attachments 6. Engineering 6.1Grant and convey to Florida Power Corporation doing business as Progress Energy Florida, Inc., a Florida corporation ("Grantee"), non-exclusive blanket authority 5-feet each side of Grantee's facilities to be installed at mutually agreeable locations over, across and through a tract of land lying within Section 11, Township 29 South, Range 15 East, as more particularly described therein, and authorize appropriate officials to execute same. (consent) Attachments 6.2Approve dedicating a 0.606 acre parcel of land between Jones Street and Georgia Street in the Southwest 1/4 of the Southeast 1/4 of Section 9, Township 29 South, Range 15 East, as "North Osceola Avenue," authorize the appropriate officials to execute same and adopt Resolution 09-29. Attachments 6.3Accept a 208.590 square foot Drainage and Utility Easement conveyed by Joseph Siciliano, a single man, over, under across and through a portion of the Northeast 1/4 of the Northwest 1/4 of Section 7, Township 29 South, Range 16 East, given in consideration of receipt of $1.00 and the benefits to be derived therefrom. (consent) Attachments 6.4Approve the applicant's request to vacate the East 5-feet of a 10-foot drainage easement lying along the west property line of Lot 5, Block "V", Hibiscus Gardens subdivision, (AKA 1221 Turner Street) and pass Ordinance Number 8085-09 on first reading, (VAC2009-04 Norman L. Kirkland, Jr., Trustee). Attachments 7. Planning 7.1Approve Development Agreement between Decade Companies Income Properties (the property owner) and the City of Clearwater, providing for the allocation of units from the Hotel Density Reserve under Beach by Design and adopt Resolution 09-23. Attachments 7.2Approve the Annexation, Initial Land Use Plan Designation of Residential Urban (RU) and Initial Zoning Atlas Designation of Low Medium Density Residential (LMDR) District for 2141 Alemanda Drive (Lot 93, Sunset Gardens in Section 24, Township 29 South, Range 15 East); and Pass Ordinances 8081-09, 8082-09 and 8083-09 on first reading.(ANX2009-06009) Attachments 7.3Approve amendments to the Community Development Code to bring consistency between the Countywide Plan Rules and the Community Development Code, and to address off-street parking for overnight accommodations in the Tourist District, docks, site visibility triangles, site lighting, design standards for parking lots and parking garages, off-street loading and vehicle stacking spaces, hearing officer appeals, and transfer of development rights, and pass Ordinance 8043-09 on first reading. (TA2009-01002) Attachments 7.4Continue to September 17, 2009 the first reading of Ordinance 8044-09. Amendments to the Community Development Code to create a new Resort Attached Dwellings use in the Tourist District, and to establish criteria addressing accessory uses for overnight accommodations in the Commercial and Tourist Districts. (TA2009-01004) Attachments 7.5Continue Public Hearing and First Reading of Land Use Ordinances for 2337 Gulf to Bay Blvd. to September 17, 2009. (LUZ2009-06001) Attachments 8. Legal 8.1Authorize additional funds to Bricklemyer, Smolker and Bolves, P.A., for continued representation of the City in several inverse condemnation litigation cases arising from the construction related to the “Beachwalk Project”, in the amount of $75,000. (consent) Attachments 8.2Amend Chapter 22, Code of Ordinances, to allow for certain informal recreational activities in non- designated areas and pass Ordinance 8097-09 on first reading. Attachments 8.3Adopt Ordinance No. 8087-09 on second reading, amending Section 2.263(1), Clearwater Code of Ordinances to provide for no salary increases for the Mayor and Councilmembers in 2010. Attachments 9. City Manager Verbal Reports 9.1City Manager Verbal Reports Attachments 10. Council Discussion Items 10.1Skateboarding Recommendations Attachments 11. Other Council Action 11.1Other Council Action Attachments 12. Adjourn 13. Presentation(s) for Council Meeting 13.1Service Awards Attachments 13.2Diversity Leadership Council Poster Contest Award Attachments 13.3ESGR presenting Clearwater Police Department Chief Klein with award. Attachments 13.4US Coast Guard Presentation Attachments 13.5Presentation by Chamber of Commerce - Tourism Year in Review Attachments Work Session Council Chambers - City Hall Meeting Date:8/17/2009 SUBJECT / RECOMMENDATION: Service Awards SUMMARY: 5 Years of Service Dzavit Lika Library Blaise Sciarra Fire Robert Palisi Fire James Schaus Fire Robert Lee Fire Milisa Schnatterer Parks & Recreation Lawrence Divine Public Utilities Timothy Ferlanie Public Utilities Sam Elliott Public Utilities Jamie Geer Fire 10 Years of Service Kevin Matthews Police Markus DeBose Public Services Theroun Winston Solid Waste Gwen Hollander Legal Steve Berenguer Solid Waste Cindy Geary Gas Mark Wallace Public Services 15 Year Awards Thomas Wiggins Parks & Recreation Derick Blunt Public Utilities Willie Porter Solid Waste Erick Swinton Solid Waste 20 Years of Service Jeanette Paterkiewicz Public Utilities 25 Years of Service Wadine Shawen Development Services 30 Years of Service John Scacca Police Nancy Miller Police IT Office 2007 & Client Profile Installation Team Award Review Approval:1) Clerk Cover Memo Work Session Council Chambers - City Hall Meeting Date:8/17/2009 SUBJECT / RECOMMENDATION: NACWA Platinum Peak Performance Award SUMMARY: Review Approval:1) Clerk Cover Memo Work Session Council Chambers - City Hall Meeting Date:8/17/2009 SUBJECT / RECOMMENDATION: Approve letter for Mayor's signature for Clearwater Regional Chamber of Commerce's Clearwater City Map project. (consent) SUMMARY: The City would like to partner with the Clearwater Regional Chamber of Commerce to create approximately 10,000 free city street maps to be available to visitors, residents, and businesses. The City nor the Chamber has produced a citywide streetmap in several years. The map would have a section for advertisers and would be open to any city business. The Chamber is working with the Dolph Map Company, a company out of Ft. Lauderdale that has done this kind of project with several cities throughout Florida including Ft. Lauderdale, Hollywood, and Naples. Dolph Maps has found that the map is a greater success if the project is a partnership between the Chamber and the City, with the Mayor signing the interest letter. There is no cost to the city for the map. The City will receive approximately 4,000 copies as well as about 4 panels on the map to put in frequently called numbers, city programs and interest items. 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 Attachment number 1 Page 1 of 1 Dear Clearwater Business Owner: The City of Clearwater is pleased to announce that we are partnering with the Clearwater Regional Chamber of Commerce and the nationally recognized cartographic and marketing firm of Dolph Map Company, Inc. to produce 10,000 copies of a detailed, updated street map of the City and the immediate surrounding areas. Clearwater will be highlighted and the changes in our area will be reflected on the new beautiful 4-Color Resource Guide & Street Map displayed at street level detail. This new promotional map will be available to our new residents, visitors and members of the community at no cost to our taxpaying citizens. Area businesses can take advantage of this unique opportunity to promote their businesses by participating in the Business Showcase Directory of the map. Each sponsor is arranged categorically to highlight local goods and services. In addition to promoting the regional amenities, current City programs will be displayed, with a directory of important phone numbers and community information. Also, an easy to navigate, searchable online version of the map will be available from the Chamber’s Home Web Page. Each participating business will be listed by name and business category, with your actual location pinpointed on the online map; you also will be able to link your home page to the Chamber’s home page, multiplying your exposure potential many times. Visit a sample of this easy to utilize site @ www.maplocator.com/naples. The maps will be available, free of charge, at welcome centers, city facilities, libraries and other high-traffic areas. Each participating advertiser will receive a free supply of 25-50 folded maps with a counter top display dispenser. The marketing and advertising space is limited and allocated on a first-response basis. The company tells us it is not uncommon for a community of our size to sell out the sponsorship opportunities within a short period of time. If this is an opportunity that you would like to learn more about, please contact the Dolph Map Company directly by calling 1-800-877-3649, and refer to the "Clearwater City Map Project". If you wish to be contacted about advertising opportunities, please fill out the form below and fax it to Dolph Map Company. Thank you for your support of this worthwhile project. Sincerely, Frank V. Hibbard Mayor Fill out this form and fax to Dolph Map Company: (954) 763-3518 Print Firm Name: __________________________________________ Phone: ____________________ Contact Person:______________________________________________________________________ _____ Please call on us first about prime position options on the Clearwater City Map Project. _____ We would like to hear more. Please provide information on the Clearwater City Map Project. Attachment number 2 Page 1 of 1 Work Session Council Chambers - City Hall Meeting Date:8/17/2009 SUBJECT / RECOMMENDATION: Approve the Extension of Fire Protection Services Agreement between Pinellas County Fire Protection Authority and City of Clearwater for one year extending until September 30, 2010. (consent) SUMMARY: · The Pinellas County Fire Protection Authority, consisting of the Board of County Commissioners, was created pursuant to Chapter 73-600, Laws of Florida to establish and implement a permanent plan of fire protection for the County and each of the municipalities. · Pinellas County Fire Protection Authority has contracted with various municipalities in the County to provide fire protection services, which include: o Response of firefighting apparatus, units and personnel to the scene of a fire, life- safety related emergency, man-made or natural disaster or public-service request; o Command and control of the emergency scene, containment of any fire and mitigation of any hazards, including specialized rescue; o Investigation of any fire to determine the cause and origin; o Inspection of commercial, industrial and multi-family dwellings for compliance with fire and life-safety codes; and o Education of the public in fire prevention, life-safety and disaster preparedness, in accordance with Section 413. · In 1999 the Fire Protection Authority signed a 10-year agreement with the contract providers that will expire on September 30, 2009. · The Fire Protection Authority and the contract providers have agreed to extend the contract for one year ending September 30, 2010. · Through this contract, Clearwater Fire & Rescue will provide fire protection services to the residents of the City of Clearwater and to individuals within the unincorporated area of Pinellas County that is located within the Clearwater Fire Control District. The City of Clearwater has 6.49 square miles of unincorporated land located within the Clearwater Fire Control District. · Pinellas County Fire Protection Authority and the City of Clearwater agree that upon approval of this extension, all terms of the original agreement will remain in force and effect as if the original term of the contract extended to September 30, 2010. · Pinellas County Fire Protection Authority will continue to compensate Clearwater Fire & Rescue for the fiscal year commencing October 1, 2009 under the same terms as the previous contract. Under that contract, 12.78% of the Clearwater Fire District was determined to be unincorporated Pinellas County for 2009. Therefore, the County reimbursed the City 12.78% of the net department budget, or approximately $2.1 Million for fiscal year 2009. Type:Other Current Year Budget?:None Budget Adjustment:None Budget Adjustment Comments: Cover Memo Current Year Cost:Annual Operating Cost: Not to Exceed:Total Cost: For Fiscal Year: to 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 EXTENSION OF FIRE PROTECTION SERVICES AGREEMENT AGREEMENT made this ___________ day of __________, 2009, between the CITY OF CLEARWATER, a Florida municipal corporation (“Contractor”) and the PINELLAS COUNTY FIRE PROTECTION AUTHORITY, a special district of Pinellas County Government established by Chapter 73-600, Laws of Florida (“Authority”). 1. Contractor currently contracts with Authority to provide fire protection and suppression services to the Clearwater fire district which has been established as a dependent district under the Authority. 2. The current agreement between the Contractor and the Authority is dated November 4, 1999 and is set to expire September 30, 2009. 3. Contractor and Authority wish to extend the term of the contract until September 30, 2010. 4. Contractor and Authority agree that upon approval of this extension, all terms of the original agreement will remain in force and effect as if the original term of the contract extended to September 30, 2010. IN WITNESS WHEREOF, the parties hereto, by and through their undersigned authorized officers have caused this Extension to be executed on this _________ day of ____________, 2009. ATTEST PINELLAS COUNTY KEN BURKE, CLERK FIRE PROTECTION AUTHORITY by and through its Board of by :______________________ County Commissioners Deputy Clerk by: ______________________________ Chairman Approved as to Form __________________________ Office of the County Attorney Countersigned: CITY OF CLEARWATER, FLORIDA __________________________ by: Mayor-Commissioner City Manager Approved as to Form and legal Suffiency: ATTEST: __________________________ __________________________ Assistant City Attorney City Clerk Attachment number 1 Page 1 of 1 J c Attachment number 2 Page 1 of 44 Attachment number 2 Page 2 of 44 Attachment number 2 Page 3 of 44 Attachment number 2 Page 4 of 44 s J Attachment number 2 Page 5 of 44 s Attachment number 2 Page 6 of 44 Attachment number 2 Page 7 of 44 s s J Attachment number 2 Page 8 of 44 s J Attachment number 2 Page 9 of 44 Attachment number 2 Page 10 of 44 s s s Attachment number 2 Page 11 of 44 s s s Attachment number 2 Page 12 of 44 s Attachment number 2 Page 13 of 44 Attachment number 2 Page 14 of 44 c Attachment number 2 Page 15 of 44 c Attachment number 2 Page 16 of 44 c c Attachment number 2 Page 17 of 44 s s J Attachment number 2 Page 18 of 44 s s s s c Attachment number 2 Page 19 of 44 s c s Attachment number 2 Page 20 of 44 s s c s s s J Attachment number 2 Page 21 of 44 s s s Attachment number 2 Page 22 of 44 s c s Attachment number 2 Page 23 of 44 s s s Attachment number 2 Page 24 of 44 c s Attachment number 2 Page 25 of 44 ss Attachment number 2 Page 26 of 44 s s c s J Attachment number 2 Page 27 of 44 Attachment number 2 Page 28 of 44 s s s Attachment number 2 Page 29 of 44 s c Attachment number 2 Page 30 of 44 c s Attachment number 2 Page 31 of 44 s s s Attachment number 2 Page 32 of 44 s Attachment number 2 Page 33 of 44 s Attachment number 2 Page 34 of 44 c Attachment number 2 Page 35 of 44 s s v s Attachment number 2 Page 36 of 44 Attachment number 2 Page 37 of 44 Attachment number 2 Page 38 of 44 Attachment number 2 Page 39 of 44 Attachment number 2 Page 40 of 44 c J J c J Attachment number 2 Page 41 of 44 Attachment number 2 Page 42 of 44 Attachment number 2 Page 43 of 44 Attachment number 2 Page 44 of 44 Work Session Council Chambers - City Hall Meeting Date:8/17/2009 SUBJECT / RECOMMENDATION: Award a contract for utility rate study and other professional services for the five year period ending August 31, 2014 for the Water and Sewer, Stormwater, Solid Waste and Recycling utilities to Burton and Associates, Inc. of St. Augustine, Florida for a not-to-exceed amount of $335,000, and authorize appropriate officials to execute same. (consent) SUMMARY: Burton and Associates, Inc. was selected to provide rate study services as the top rated consultant of nine firms responding to RFP 15- 09. The five year contract includes plans for 8 major and 4 interim rate studies with primary concentration on the Water & Sewer and Stormwater Utilities. Major rate studies include presentations to the Council and requests for rate adjustments if necessary. Interim studies are primarily to compare how actual operating results relate to the last major rate study and to identify any significant changes. The schedule for the rate studies may vary due to factors such as the details and timing of Pinellas County’s recycling program, the delay in the issuance of revenue bonds by the Stormwater Utility or other circumstances. The contract price includes five percent for out-of-pocket expenses, ten percent contingency and an additional $29,015 for other consulting services if needed primarily for the Water and Sewer Utility Fund. Fees will be billed on a time spent basis plus out-of- pocket expenses. Burton & Associates has been providing rate study services to the City from the late 1990’s to the present. Their knowledge of the utility industry and rate systems is quite extensive and they have provided prompt and professional service to the City. Type:Operating Expenditure Current Year Budget?:Yes Budget Adjustment:Yes Budget Adjustment Comments: Cost for future years will be budgeted in the respective operating budgets. Additional code: 0424-02089-530100-534-000-0000 $8,934 Solid Waste Current Year Cost:Annual Operating Cost: Not to Exceed:$335,000 Total Cost: For Fiscal Year: to Appropriation Code Amount Appropriation Comment 0421-01345-530100-536- 000-0000 $158,433Water and Sewer 0419-01365-530100-539- 000-0000 $116,475Stormwater 0424-02082-530100-534- 000-0000 $11,000Solid Waste 0424-02083-530100-534- 000-0000 $11,000Solid Waste 0426-02041-5301000-534- 000-0000 $29,158Recycling Cover Memo Bid Required?:Yes Bid Number:RFP15- 09 Other Bid / Contract:Bid Exceptions:None Review Approval: 1) Financial Services 2) Office of Management and Budget 3) Financial Services 4) Financial Services 5) Office of Management and Budget 6) Legal 7) Clerk 8) Assistant City Manager 9) Clerk 10) City Manager 11) Clerk Cover Memo 1 BURTON & ASSOCIATES, INC. CONTRACT FOR PROFESSIONAL SERVICES Client No. 571 Title: Utility Rate and Financial Services This Contract, made and entered into on the date last executed below, by and between BURTON & ASSOCIATES, INC. and the CITY OF CLEARWATER, FL, hereinafter called "CLIENT", is for the services described under item 2 of this Agreement. BURTON & ASSOCIATES, INC. Contact: Mr. Michael E. Burton, President Address: 200 Business Park Circle, Suite 101 St. Augustine, Florida 32095 Phone: (904) 247-0787 e-mail: mburton@burtonandassociates.com CLIENT Contact: Keith Bush, Controller Address: Finance Department 100 S. Myrtle Avenue Clearwater, Fl 33758 e-mail keith.bush@myclearwater.com Invoice to: City of Clearwater Attn: Keith Bush, Controller, Finance Department 100 S. Myrtle Avenue Clearwater, Fl 33758 1. PROJECT: General Nature of Project – Provide utility rate and financial services. 2. SCOPE OF SERVICES: Services to be performed by BURTON & ASSOCIATES, INC. will be authorized by Service Authorizations (sample shown in Attachment C) under this Contract. The specific scope of services and cost authorized for each Service Authorization will be included in the Service Authorization and all terms and conditions defined in this Contract for Professional Services will apply to each Service Authorization authorized by CLIENT. 3. DURATION: This Contract shall become effective on September 1, 2009 and will remain in effect through August 31, 2014 unless otherwise terminated as provided herein. 4. TIME OF COMPLETION: The time of completion of each Service Authorization authorized under this contract will be specified in the Service Authorization. 5. COMPENSATION: The compensation to be paid BURTON & ASSOCIATES, INC. for providing the services called for herein shall be on a lump sum or unit cost basis as specified in each Service Authorization authorized under this contract. The not-to-exceed compensation to be paid BURTON & ASSOCIATES, INC. for providing the services authorized by Service Authorizations under this contract shall be $335,000. Attachment number 1 Page 1 of 13 2 6. UNIT COST TIME CHARGES AND REIMBURSABLE EXPENSES: Unit cost time charges are defined as hourly rates specified in Attachment A, billed on a quarter-hour basis. Reimbursable costs include out-of- pocket expenses, which shall be included in the guaranteed maximum price for each project. 7. INVOICE PROCEDURE: BURTON & ASSOCIATES, INC. shall submit monthly invoices to CLIENT requesting payment for work accomplished during each preceding calendar month. Payment of invoices will be made by CLIENT within 30 days of receipt of invoice. Invoices for lump sum contracts will represent percentage work completed during each calendar month. 8. INSURANCE: BURTON & ASSOCIATES, INC. shall procure and maintain throughout the term of this Agreement the following insurance with the limits set forth herein, and shall, upon executing this Agreement, provide to CLIENT a certificate(s) of insurance evidencing same, and showing CLIENT as an additional insured, which is presented in Attachment B: A. Worker's Compensation Insurance as required by law. B. Unless otherwise provided for herein, Comprehensive General Liability Insurance including contractual liability with a minimum aggregate limit of $2,000,000, and liability arising out of the use of automobiles with a $1,000,000 Combined Single Limit (each Accident). C. Unless otherwise provided for herein, Professional Liability Insurance with a minimum limit of $1,000,000 per claim and $2,000,000 annual aggregate. 9. TERMINATION: This Agreement may be terminated by either party by seven (7) days written notice in the event of substantial failure to perform in accordance with the terms herein by the other party through no fault of the terminating party. If this Agreement is so terminated, CLIENT shall pay BURTON & ASSOCIATES, INC. compensation for work satisfactorily completed up to date of termination. CLIENT may terminate this agreement for convenience, or suspend the work called for herein for any business reason at CLIENT’s sole discretion. In the event of such termination or suspension, CLIENT shall pay BURTON & ASSOCIATES, INC. for the work accomplished up to the date of termination or suspension. BURTON & ASSOCIATES, INC. may terminate this agreement for any business reason at BURTON & ASSOCIATES, INC.’s sole discretion. In the event of such termination, BURTON & ASSOCIATES, INC shall give CLIENT 30 days written notice and will complete all active Service Authorizations, unless agreed by both parties otherwise, and CLIENT will pay BURTON & ASSOCIATES, INC. for all work accomplished up to the date of termination. 10. ADDITIONAL SERVICES: Additional services may be performed under this Agreement if agreed to by both parties in writing. 11. PUBLIC RECORDS LAW EXEMPTION: CLIENT and BURTON & ASSOCIATES shall comply with the provisions of Chapter 119, Florida Statutes (Public Records Law) except as provided for in the following paragraphs. BURTON & ASSOCIATES may use its proprietary Financial Analysis and Management System (FAMS XL©) in the accomplishment of work under this contract. This contract recognizes that FAMS XL© is a proprietary product of BURTON & ASSOCIATES, includes trade secrets and, as such, the FAMS XL© model and its source code is exempt from public records laws in accordance with FS 815.045, a copy of which is included below: Attachment number 1 Page 2 of 13 3 815.045 Trade secret information.--The Legislature finds that it is a public necessity that trade secret information as defined in s. 812.081, and as provided for in s. 815.04(3), be expressly made confidential and exempt from the public records law because it is a felony to disclose such records. Due to the legal uncertainty as to whether a public employee would be protected from a felony conviction if otherwise complying with chapter 119, and with s. 24(a), Art. I of the State Constitution, it is imperative that a public records exemption be created. The Legislature in making disclosure of trade secrets a crime has clearly established the importance attached to trade secret protection. Disclosing trade secrets in an agency's possession would negatively impact the business interests of those providing an agency such trade secrets by damaging them in the marketplace, and those entities and individuals disclosing such trade secrets would hesitate to cooperate with that agency, which would impair the effective and efficient administration of governmental functions. Thus, the public and private harm in disclosing trade secrets significantly outweighs any public benefit derived from disclosure, and the public's ability to scrutinize and monitor agency action is not diminished by nondisclosure of trade secrets. Therefore, if BURTON & ASSOCIATES uses FAMS XL© in the accomplishment of work under this contract, BURTON & ASSOCIATES may not be compelled to disclose FAMS XL©, or its source code, to CLIENT or any other parties for any purpose or reason; however, BURTON & ASSOCIATES will conduct interactive work sessions with CLIENT staff to review the input and results of analyses conducted using FAMS XL© and will disclose and deliver to CLIENT output schedules from the FAMS XL© model for the purpose of accomplishing the CLIENT’s business. Output schedules of FAMS XL© that are delivered to CLIENT in deliverable products such as reports, presentations, etc. are excluded from this trade secret exemption. 12. ENTIRETY OF AGREEMENT: This writing, and any Service Authorizations issued pursuant to this Agreement, embody the entire agreement and understanding between the parties hereto, and there are no other agreements and understanding, oral or written, with reference to the subject matter hereof that are not merged herein and superseded hereby. No alteration, change or modification of the terms of the Agreement shall be valid unless made in writing, signed by both parties hereto. ADDENDA ATTACHMENT A – Hourly Billing Rates for Unit Cost Service Authorizations ATTACHMENT B – Insurance Certificate ATTACHMENT C – Sample Service Authorization IN WITNESS WHEREOF, this Agreement is accepted on the date last written below, subject to the terms and conditions above stated and the provisions set forth on the second page. For CLIENT: See signature page following For BURTON & ASSOCIATES, INC.: SIGNED: _________________________________ NAME: Michael E. Burton____________ TITLE: President___________________ DATE: August 4, 2009_______________ Attachment number 1 Page 3 of 13 4 CLIENT Signature page: Countersigned: CITY OF CLEARWATER, FLORIDA ___________________________ By: __________________________ Frank V. Hibbard William B. Horne II Mayor City Manager Approved as to form: Attest: ___________________________ ________________________________ Pamela K. Akin Cynthia E. Goudeau City Attorney City Clerk Attachment number 1 Page 4 of 13 5 ATTACHMENT A - HOURLY BILLING RATES The hourly billing rates authorized under this contract for unit cost Service Authorizations and/or additional services are as follows: Position FY 2009 Rate/Hour Project Principal $195 Project Director $175 Senior Consultant $115 Consultant $105 Associate Consultant $95 Clerical $40 These rates will be adjusted by an escalation factor of 3.0% per year on October 1 of each year during the term of the contract or as otherwise agreed to by both parties. Attachment number 1 Page 5 of 13 6 ATTACHMENT B – INSURANCE CERTIFICATE A current Insurance Certificate is presented on the following pages showing the City of Clearwater as an Additional Insured in the Certificate Holder section. Attachment number 1 Page 6 of 13 7 Attachment number 1 Page 7 of 13 8 Attachment number 1 Page 8 of 13 9 ATTACHMENT C – SAMPLE SERVICE AUTHORIZATION A sample Service Authorization is presented on the following pages. Attachment number 1 Page 9 of 13 10 BURTON & ASSOCIATES, INC. SERVICE AUTHORIZATION # __ FOR PROFESSIONAL SERVICES Project No. 571_ _ Title: (Title of Project) This Service Authorization, made and entered into on the date last executed below, by and between BURTON & ASSOCIATES, INC. and THE CITY OF CLEARWATER, FL, hereinafter called "CLIENT", is for the services described under item 2 of this Service Authorization and is subject to the terms and conditions of the CONTRACT FOR PROFESSIONAL SERVICES between BURTON & ASSOCIATES and THE CITY OF CLEARWATER, FL, dated _______________. BURTON & ASSOCIATES, INC. Contact: Mr. Michael E. Burton, President Address: 200 Business Park Circle, Suite 101 St. Augustine, Florida 32095 Phone: (904) 247-0787 e-mail: mburton@burtonandassociates.com CLIENT Contact: ________________________________ Address: ________________________________ ________________________________ ________________________________ Phone: ________________________________ e-mail ________________________________ Invoice to: ________________________________ ________________________________ ________________________________ ________________________________ 1. PROJECT: General Nature of Project – (Description of Project) . 2. SCOPE OF SERVICES: Description of services to be performed by BURTON & ASSOCIATES, INC. (if additional pages are necessary, they are identified as Attachment A): Attachment A presents the scope of services for this Service Authorization. 3. TIME OF COMPLETION: Services called for herein shall be completed no later than ___ days from receipt of a notice to proceed unless otherwise extended by the agreement of both parties. 4. COMPENSATION: The compensation to be paid BURTON & ASSOCIATES, INC. for providing the services called for herein shall be: A. A Lump-Sum charge of $ . B. Unit Cost/Time Charges plus reimbursable expenses for a not-to-exceed cost of $ . Attachment number 1 Page 10 of 13 11 IN WITNESS WHEREOF, this Service Authorization is accepted on the date last written below. For CLIENT: For BURTON & ASSOCIATES, INC.: SIGNED: SIGNED: _________________________________ NAME: NAME: Michael E. Burton____________ TITLE: TITLE: President___________________ DATE: DATE:_____________________ ______________ Attachment number 1 Page 11 of 13 12 ATTACHMENT A – SCOPE OF SERVICES Scope of Services: (Description of scope of services) The specific work plan that will be performed to accomplish the above described scope of services is presented in Exhibit 1 on the following page. Notice to Proceed: Approval of this Service Authorization serves as Notice to Proceed with the project. Exhibit 1 – Project Work Plan and Cost Estimate Exhibit 1 – Project Work Plan and Cost Estimate is presented on the following pages. Attachment number 1 Page 12 of 13 13 Sample Project Work Plan & Cost Estimate Schedule CITY OF CLEARWATER (TITLE OF PROJECT) PROJECT WORK PLAN & COST ESTIMATE Prepared by Burton & Associates ESTIMATED MAN-HOURS ProjectSeniorProjectTotal PrincipalConsultantConsultantClericalProject Hourly rate->$195$175$95$40 (Inter Task and Sub-task Titles / Descriptions)(Enter hours required by consultant by task / sub-task) TASK 1 a.00000 b.00000 TASK 2 a.00000 b.00000 c.00000 TASK 3 a.00000 b.00000 c.00000 d.00000 TOTAL ESTIMATED MAN-HOURS 00000 TOTAL ESTIMATED CONSULTING FEE $0$0$0$0 $0 ESTIMATED EXPENSES 5.00%$0 TOTAL ESTIMATED CHARGES $0 CONTINGENCY PER RFP @10.00%$0 TOTAL ESTIMATED COST $0 SOURCE: BURTON & ASSOCIATES Subtask title. Task Title Subtask title. Subtask title. Subtask title. Subtask title. Task Title Subtask title. Subtask title. PROJECT TASKS Task Title Subtask title. Subtask title. Attachment number 1 Page 13 of 13 CI T Y O F C L E A R W A T E R Wa t e r & S e w e r , S t o r m w a t e r , S o l i d W a s t e & R e c y c l i n g U t i l i t i e s Es t i m a t e d R a t e S t u d y & A d d i t i o n a l S e r v i c e s C o s t s f o r 20 1 0 t h r o u g h 2 0 1 4 Co n s u l t a n t : B u r t o n & A s s o c i a t e s , I n c . TY P E O F Co n t i n g e n c y Ex p e n s e s An n u a l Ye a r s WA T E R & SO L I D YE A R ST U D Y In c l u d e d In c l u d e d Ra t e E s c a l a t i o n Es c a l a t i o n SE W E R ST O R M W A T E R WA S T E RE C Y C L I N G TO T A L 20 1 0 Ma j o r 10 % 5% NA 0 29 , 1 5 8 $ 26 , 2 4 2 $ 29 , 1 5 8 $ 84 , 5 5 8 $ 20 1 1 In t e r i m 10 % 5% 3% 1 17 , 7 1 5 15 , 9 4 3 33 , 6 5 8 20 1 2 Ma j o r 10 % 5% 3% 2 30 , 9 3 4 27 , 8 4 0 30 , 9 3 4 89 , 7 0 8 20 1 3 In t e r i m 10 % 5% 3% 3 18 , 7 9 4 16 , 9 1 4 35 , 7 0 8 20 1 4 Ma j o r 10 % 5% 3% 4 32 , 8 1 8 29 , 5 3 6 62 , 3 5 3 12 9 , 4 1 8 $ 11 6 , 4 7 5 $ 30 , 9 3 4 $ 29 , 1 5 8 $ 30 5 , 9 8 5 $ Ad d i t i o n a l s e r v i c e s a s n e e d e d : 29 , 0 1 5 29 , 0 1 5 15 8 , 4 3 3 $ 11 6 , 4 7 5 $ 30 , 9 3 4 $ 29 , 1 5 8 $ 33 5 , 0 0 0 $ Attachment number 2 Page 1 of 1 Work Session Council Chambers - City Hall Meeting Date:8/17/2009 SUBJECT / RECOMMENDATION: Grant and convey to Florida Power Corporation doing business as Progress Energy Florida, Inc., a Florida corporation ("Grantee"), non- exclusive blanket authority 5-feet each side of Grantee's facilities to be installed at mutually agreeable locations over, across and through a tract of land lying within Section 11, Township 29 South, Range 15 East, as more particularly described therein, and authorize appropriate officials to execute same. (consent) SUMMARY: On May 17, 2007 the City entered into a cooperative funding agreement with the Southwest Florida Water Management District (SWFWMD) to fund construction of the Skycrest Reclaimed Water Project. The project includes construction of a booster pump station and ground storage tank at the City's five-acre Nursery site located at 901 Saturn Avenue. On July 16, 2009 Council approved an award of contract with RTD Construction, Inc. to construct the proposed 2000 square foot RCW booster pump station and a 5 million gallon pre-stressed concrete ground storage tank, together with all related equipment, ancillaries and site improvements associated therewith, on the Nursery property. Progress Energy requires a distribution easement over the site in order to install, maintain and replace as necessary its electrical service distribution lines and any communications equipment required for functional operation of the new facilities. The subject easement provides the utility with perpetual blanket authority 5-feet either side of all of its distribution facilities installed by mutual agreement within the Nursery parcel. A copy of the easement documentation is available for review in the Office of Official Records and Legislative Services. Review Approval:1) Legal 2) Clerk 3) Assistant City Manager 4) Clerk 5) City Manager 6) Clerk Cover Memo DISTRIBUTION EASEMENT KNOW ALL MEN BY THESE PRESENTS, that the undersigned, their heirs, successors, lessees and assigns (“GRANTOR”), in consideration of the mutual benefits, covenants and conditions herein contained, does hereby grant and convey to FLORIDA POWER CORPORATION doing business as PROGRESS ENERGY FLORIDA, INC., a Florida corporation (“GRANTEE”), Post Office Box 14042, St. Petersburg, Florida 33733, and to its successors, lessees, licensees, transferees, permittees, apportionees, and assigns, an easement to install, operate and maintain in perpetuity, such facilities as may be necessary or desirable for providing electric energy and service and communication systems, whether to or on behalf of telecommunication providers or other customers by GRANTEE or others, said facilities being located in the following described “Easement Area” within GRANTOR’S premises in Pinellas County, to wit: A 10.00 foot wide Easement Area defined as lying 5.00 feet on each side of GRANTEE's facilities to be installed at mutually agreeable locations over, across and through the following described property to accommodate present and future development: A tract of land lying within Section 11, Township 29 South, Range 15 East, Pinellas County, Florida and being more particularly described as follows: The North 420 feet of that part of the Northeast 1/4 of the Southeast 1/4 lying East of Saturn Avenue LESS road Right Of Way on the North and East per Official Records Book 3471, Page 329 and Book 11494, Page 834 of Pinellas County, Florida. Containing 5.11 Acres. As depicted in Exhibit “A” attached. Tax Parcel Number: 11/29/15/00000/410/0100 The rights herein granted to GRANTEE by GRANTOR specifically include: (a) the right for GRANTEE to patrol, inspect, alter, improve, repair, rebuild, relocate, and remove said facilities; further GRANTEE hereby agrees to restore the Easement Area to as near as practicable the condition which existed prior to such construction, repairs, alteration, replacement, relocation or removal as a result of GRANTEE’s safe and efficient installation, operation or maintenance of said facilities; (b) the reasonable right for GRANTEE to increase or decrease the voltage and to change the quantity and type of facilities; (c) the reasonable right for GRANTEE to clear the Easement Area of trees, limbs, undergrowth and other physical objects which, in the opinion of GRANTEE, endanger or interfere with the safe and efficient installation, operation or maintenance of said facilities; (d) the reasonable right for GRANTEE to trim or remove any timber adjacent to, but outside the Easement Area which, in the reasonable opinion of GRANTEE, endangers or interferes with the safe and efficient installation, operation or maintenance of said facilities; (e) the reasonable right for GRANTEE to enter upon land of the GRANTOR adjacent to said Easement Area for the purpose of exercising the rights herein granted; and (f) all other rights and privileges reasonably necessary or convenient for GRANTEE’s safe and efficient installation, operation and maintenance of said facilities and for the enjoyment and use of said easement for the purposes described above. The rights and easement herein granted are non-exclusive as to entities not engaged in the provision of electric energy and service and GRANTOR reserves the right to grant rights to others affecting said easement area provided that such rights do not create an unsafe condition or unreasonably conflict with the rights granted to GRANTEE herein. GRANTOR hereby covenants and agrees that no buildings, structures or obstacles (except fences) shall be located, constructed, excavated or created within the Easement Area. If the fences are installed, they shall be placed so as to allow ready access to GRANTEE’s facilities and provide a working space of not less than ten (10) feet on the opening side, six (6) feet on the back for working space and three (3) feet on all other sides of any pad mounted transformer. If GRANTOR’s future orderly development of the premises is in physical conflict with GRANTEE’s facilities, GRANTEE shall, within 60 days after receipt of written request from GRANTOR, relocate said facilities to another mutually agreed upon Easement Area in GRANTOR’s premises, provided that prior to the relocation of said facilities (a) GRANTOR shall pay to GRANTEE the full actual cost of the relocation as incurred by GRANTEE. This document prepared by R. Alexander Glenn CITY OF CLEARWATER NURSERY Return to: Progress Energy Florida, Inc. 901 N SATURN AVE CLEARWATER FL 3300 Exchange Place Lake Mary, Florida 32746 11 SE C 29 S TW P 15 E RG E PI N E L L A S CO U N T Y CI T Y O F C L E A R W A T E R GR A N T O R CW - 0 9 - 2 8 5 3 1 8 8 PR O J E C T Attachment number 1 Page 1 of 3 Rev 10/08 GRANTOR covenants not to interfere with GRANTEE’s facilities within the Easement Area in GRANTOR’s premises, and GRANTOR further covenants to indemnify to the extent of Florida Statute 768.28 and hold GRANTEE harmless from damages and injuries, whether to persons or property, resulting from the negligent or wrongful act or omission related to GRANTEE’s facilities by GRANTOR or by GRANTOR’s agents or employees. Nothing contained herein, however, shall be construed to waive or modify the provisions of Florida Statute 768.28 or the doctrine of sovereign immunity as to any party hereto. In addition, nothing contained herein shall be construed as consent by the GRANTOR to be sued by third parties in any manner arising from this grant of easement, or as a waiver of sovereign immunity. GRANTEE agrees to indemnify and hold GRANTOR harmless for, from and against any and all losses, claims or damages incurred by GRANTOR arising directly from GRANTEE’s negligence or failure to exercise reasonable care in the construction, reconstruction, operation or maintenance of GRANTEE's facilities located on the above described easement. GRANTOR hereby warrants and covenants (a) that GRANTOR is the owner of the fee simple title to the premises in which the above described Easement Area is located, (b) that GRANTOR has full right and lawful authority to grant and convey this easement to GRANTEE, and (c) that GRANTEE shall have quiet and peaceful possession, use and enjoyment of this easement. All covenants, terms, provisions and conditions herein contained shall inure and extend to and be obligatory upon the heirs, successors, lessees and assigns of the respective parties hereto. IN WITNESS WHEREOF, the said GRANTOR has caused this easement to be signed in its corporate name by its proper officers thereunto duly authorized and its official corporate seal to be hereunto affixed and attested this day of ___________________________, 2009. GRANTOR: Countersigned: CITY OF CLEARWATER, FLORIDA _____________________________________ By: _________________________________________ Frank V. Hibbard, Mayor William B. Horne, II, City Manager Attest: __________________________________________ Cynthia E. Goudeau, City Clerk Grantor Mailing Address: City Manager P. O. Box 4748 Clearwater, Florida 33758-4748 STATE OF FLORIDA : \ : ss COUNTY OF PINELLAS: BEFORE ME, the undersigned, personally appeared Frank V. Hibbard, the Mayor of the City of Clearwater, Florida, who executed the foregoing instrument and acknowledged the execution thereof to be his free act and deed for the use and purposes herein set forth, and who is personally known to me. WITNESS my hand and official seal this_____ day of _______________________________, 2009. _____________________________________________ My commission expires: Notary Public Print/Type Name ____________________________ Attachment number 1 Page 2 of 3 Rev 10/08 STATE OF FLORIDA : : ss COUNTY OF PINELLAS: BEFORE ME, the undersigned, personally appeared William B. Horne, II, the City Manager of the City of Clearwater, Florida, who executed the foregoing instrument and acknowledged the execution thereof to be his free act and deed for the use and purposes herein set forth, and who is personally known to me. WITNESS my hand and official seal this _____day of _______________________________, 2009. ______________________________________________________ My commission expires: Notary Public Print/type name _______________________________ Approved as to form: _________________________________________ Laura Mahony, Assistant City Attorney Attachment number 1 Page 3 of 3 Attachment number 2 Page 1 of 1 EASEMENT N K E E N E R D CA S L E R A V E N SA TU R N A V E AIRPORT DR PALMETTO ST AMB L E L N LONG ST BA KER A V E MA C R A E A V E GI LBE R T S T N D U N C AN A V E N M AR S A V E McKINLEY ST FE A T H E R T R E E DR KENNETH PL N J UP IT E R A VE WEBB DR RIDGEWOOD ST N C O R O N A A V E CASLER CT AR D E N A VE MUR R AY A V E NE L S O N AV E FEATHER TREE CIR LONG ST RIDGEWOOD ST LOCATION MAP JHHEB N.T.S.279BXX-XXs-XXe7/29/2009Map Gen By:Reviewed By:S-T-R:Grid #:Date:Scale: PROGRESS ENERGY DISTRIBUTION EASEMENT Legend Bldg Footprint Parcel Boundary Outside CLWTR City limits Clearwater Service AreaPrepared by: Engineering Department Geographic Technology Division 100 S. Myrtle Ave, Clearwater, FL 33756 Ph: (727)562-4750, Fax: (727)526-4755 www.MyClearwater.com Attachment number 3 Page 1 of 1 Work Session Council Chambers - City Hall Meeting Date:8/17/2009 SUBJECT / RECOMMENDATION: Approve dedicating a 0.606 acre parcel of land between Jones Street and Georgia Street in the Southwest 1/4 of the Southeast 1/4 of Section 9, Township 29 South, Range 15 East, as "North Osceola Avenue," authorize the appropriate officials to execute same and adopt Resolution 09-29. SUMMARY: In 2005 Triangle S. A. Land, LLC ("Developer") submitted plans for Flexible Development approval of a mixed-use project to be known as Harrison Village/Island View between Georgia Street and Jones Street, bounded by North Fort Harrison Avenue on the east and Clearwater Harbor on the west. Initial plans, and revised subsequent submittals proposed the City vacate that existing portion of North Osceola Avenue between Georgia and Jones Streets, and certain utility easements, in exchange for the developer deeding the City land for an alternate right-of- way corridor approximately 100 feet west of and parallel to North Fort Harrison Avenue. In consideration of the City agreeing to the proposed vacation the developer was also required to relocate all affected utilities and to improve the new roadway alignment meeting all city roadway standards. On May 4, 2006 the City vacated the then existing portion of North Osceola Avenue, and certain easements, upon passage and adoption of Ordinance No. 7613-06. The developer complied with Ordinance commitments to relocate utilities and improve the alternate right-of-way alignment, then conveyed the subject 50-foot wide 0.606 acre parcel to the City by Statutory Warranty Deed on August 14, 2007. Adopting Resolution 09-29 establishes the subject parcel as part of the City's public roadway system. Review Approval:1) Legal 2) Clerk 3) Assistant City Manager 4) Clerk 5) City Manager 6) Clerk Cover Memo Resolution 09 –29 RESOLUTION 09- 29 A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA, DEDICATING AS PUBLIC RIGHT-OF-WAY A 0.606 ACRE, MORE OR LESS, PARCEL OF LAND TO BE DESIGNATED AS “NORTH OSCEOLA AVENUE,” THE SAME LYING AND BEING SITUATE IN THE SOUTHWEST ¼ OF THE SOUTHEAST ¼ OF SECTION 9, TOWNSHIP 29 SOUTH, RANGE 15 EAST; PROVIDING AN EFFECTIVE DATE. WHEREAS, on May 4, 2006 the Clearwater City Council passed and adopted Ordinance No. 7613-06 vacating a 0.478 acre portion of North Osceola Avenue right-of-way and certain easements lying and being situate in a portion of Section 9, Township 29 South, Range 15 East, as recorded in Official Records Book 15108, Pages 14 – 21 of the Public Records of Pinellas County, Florida; and, WHEREAS, in consideration of the City vacating the referenced North Osceola Avenue right-of-way and easements, Triangle S. A. Land, LLC, Georgia Street Properties, LLC, Harrison Village Properties, LLC and Island View Properties, LLC (“Applicant”), jointly and severally agreed to convey replacement right-of-way, delivering insured title to an approximately 50-foot wide parcel of land containing 0.606 acres, more or less, being described and depicted in EXHIBIT “A” by General Warranty Deed, and to subsequently relocate all existing utilities and make certain roadway improvements to the parcel conveyed; and, WHEREAS, on August 14, 2007 Applicant did convey said 0.606 acre parcel of North Osceola Avenue right-of-way replacement to the City by Statutory Warranty Deed as recorded in Official Records Book 15938, Pages 1743 – 1745 of the Public Records of Pinellas County, Florida; and did subsequently relocate all utilities and make certain required roadway improvements; and, WHEREAS. The City of Clearwater now desires to formally dedicate the aforesaid 0.606 acre parcel of land as public right-of-way to be designated as “North Osceola Avenue;” NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF OF THE CITY OF CLEARWATER, FLORIDA: Attachment number 1 Page 1 of 4 Resolution 09- 29 Section 1. That the following described property lying and being situate in the Southwest Quarter of the Southeast Quarter of Section 9, Township 29 South, Range 15 East, as more particularly described and depicted in EXHIBIT “A” appended hereto and by this reference made a part hereof, is hereby dedicated as right-of-way for use by the general public and the City of Clearwater generally as their respective interests may appear. Section 2. That the public right-of-way herein dedicated shall be designated as “North Osceola Avenue.” Section 3. That the City Clerk is hereby directed to record this Resolution in the Public Records of Pinellas County, Florida. Section 4. That this Resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this _____ day of __________________, 2009. _________________________________________ Frank V. Hibbard, Mayor Approved as to form: Attest: ______________________________ ______________________________ Laura Mahony, Asst. City Attorney Cynthia E. Goudeau, City Clerk Attachment number 1 Page 2 of 4 Resolution 09- 29 Attachment number 1 Page 3 of 4 Resolution 09- 29 Attachment number 1 Page 4 of 4 RIGHT-OF-WAY DEDICATION DREW ST N M YR T L E AVE N GAR D EN AV E JONES ST SEMINOLE ST N F O R T HA R R I SON AV E N O S C EO L A A V E ELDRIDGE ST LAURA ST EA S T A V E BL A N C H E B L I T T L E J O H N T R L HENDRICKS ST NICHOLSON ST HART ST MAPLE ST WA T T ER S O N A VE FE R N A V E GROVE ST AL D E N A V E SP RU C E AV E MARGO AVE N O S C E O LA A V E HART ST NICHOLSON ST HART ST LAURA ST BLAN CH E B L I T TLEJ O H N T R L MAPLE ST MAPLE ST GEORGIA ST PALMETTO ST NICHOLSON S LOCATION MAP Prepared by: Engineering Department Geographic Technology Division 100 S. Myrtle Ave, Clearwater, FL 33756 Ph: (727)562-4750, Fax: (727)526-4755 www.MyClearwater.com JHHEB N.T.S.277BXX-XXs-XXe7/2/2009Map Gen By:Reviewed By:S-T-R:Grid #:Date:Scale: RES. 09-29 R/W DEDICATION Legend Bldg Footprint Parcel Boundary Outside CLWTR City limits Clearwater Service Area Attachment number 2 Page 1 of 1 Work Session Council Chambers - City Hall Meeting Date:8/17/2009 SUBJECT / RECOMMENDATION: Accept a 208.590 square foot Drainage and Utility Easement conveyed by Joseph Siciliano, a single man, over, under across and through a portion of the Northeast 1/4 of the Northwest 1/4 of Section 7, Township 29 South, Range 16 East, given in consideration of receipt of $1.00 and the benefits to be derived therefrom. (consent) SUMMARY: The City is preparing to commence construction of the Alligator Creek Channel F Improvement project between Old Coachman Road and Wetherington Road. The approximately 225 day project will include upsizing existing box culverts crossing under Old Coachman Road, realign the channel within an existing 45 foot drainage easement dedicated across the northerly limits of COACHMAN RIDGE TRACT II-A, stabilize the channel banks with gabion walls, and restoration of abutting uplands. The subject easement provides the City perpetual authority to construct and maintain a 19" X 30" elliptical reinforced concrete pipe within the gabion wall along the channel's north bank to drain stormwater flow from Old Coachman Road directly into Channel F . The Grantor further permits the City and its contractor during and throughout the construction term to enter upon his property as it may lie within 25 feet of the channel centerline for the purposes of constructing project improvements and restoring his uplands to conform with the new channel alignment. Review Approval:1) Legal 2) Clerk 3) Assistant City Manager 4) Clerk 5) City Manager 6) Clerk Cover Memo Attachment number 1 Page 1 of 5 Attachment number 1 Page 2 of 5 Attachment number 1 Page 3 of 5 Attachment number 1 Page 4 of 5 Attachment number 1 Page 5 of 5 EASEMENT LOCATION OL D C O A C H MAN R D NE C O A C H MAN R D STAG R U N B LVD FAR R I E R T R L 5th ST 8th ST 6th ST CA N D LER R D 1st S T 4t h S T 3rd S T 2nd ST FLINT LOCK DR S LAGOON CIR EL T A I R T R L RID G E TOP W A Y ALLIG A T O R CREE K R D 7th ST MI S TY PLA T E A U TRL 9th ST MACKENZIE CT WIND GAP PL OLD COA C H T R L LE E R D WETHERINGTON RD VER D E D R CO AC H M A K E RS L N PALMETTO ST LA G O O N C I R RA G L A N D A V E LA K E F O R ES T R D CASEY JONES CT BE RK L E Y P L L A G O O N C I R C O L L E G E H I L L D R F O R E S T G L E N R C A M P B E L L R D AR L HA M D R LOCATION MAP JHHEB N.T.S.272AXX-XXs-XXe8/3/2009Map Gen By:Reviewed By:S-T-R:Grid #:Date:Scale: SICILIANO DRAINAGE & UTILITY EASEMNET Legend Bldg Footprint Parcel Boundary Outside CLWTR City limits Clearwater Service AreaPrepared by: Engineering Department Geographic Technology Division 100 S. Myrtle Ave, Clearwater, FL 33756 Ph: (727)562-4750, Fax: (727)526-4755 www.MyClearwater.com Attachment number 2 Page 1 of 1 Work Session Council Chambers - City Hall Meeting Date:8/17/2009 SUBJECT / RECOMMENDATION: Approve the applicant's request to vacate the East 5-feet of a 10-foot drainage easement lying along the west property line of Lot 5, Block "V", Hibiscus Gardens subdivision, (AKA 1221 Turner Street) and pass Ordinance Number 8085-09 on first reading, (VAC2009- 04 Norman L. Kirkland, Jr., Trustee). SUMMARY: The applicant in this case is seeking to vacate the east 5-feet of a 10-foot drainage easement to clear up a title issue related to a building constructed in 1976 that encroaches 5-feet into the drainage easement. Because the easement was granted to allow the installation of City of Clearwater stormwater facilities only, the applicant was not required to obtain no objection letters from the private utility companies. No stormwater facilities are present in the subject easement and given the proximity of an adjoining 35-foot drainage and utility easement no future need for the easement portion is anticipated. The Engineering Department has no objections to this vacation request. Review Approval:1) Planning 2) Legal 3) Clerk 4) Assistant City Manager 5) Clerk 6) City Manager 7) Clerk Cover Memo COURT SR - 6 5 1 S A L L Y A V E LI N C O L N CI R LEM B O STTURNER STROGERS SR - 5 9 5 US - 1 9 A L T 80 5 0 50 70 3 2 25 23 17 15 13 11 7 20 22 24 9 60 60 50 50 50 70 40 50 1OO 60 103.5 100 8( S ) 69 70 70 51 0 6 6 51967 51 9 6 8 94100 R T V S U 12 13 14 15 16 1 23 4 5 6 7 8 9 10 11 13 12 9A 9B 10 1 2 11A 11B 12A 12B 13A 13B 14A 14B 30A 30B 31A 31B 22 23 5 6 35 34 33 32 21 20 19 18 17 16 15 14 13 12 11 10 9 8 7 6 5 4 3 2 1 35 34 29 28 27 26 25 24 14 12 17 18 19 15 16 17 18 9 10 11 12 13 8 7 6 4 3 4 3 2 1 7 8 10 9 8 7 3 2 1 26 25 24 5 7 8 11 8 9 10 8 9 10 11 12 9 10 234 10 9 8 7 6 42/01 42/02 42/03 42/04 42/05 42/06 42/07 42/14 42/12 3.47 1 A C A C 1 1 Location of the west 5 - feet of a 10 - foot Drainage Easement Requested to be Vacated 5' 10' EXHIBIT A: HIBISCUS GARDENS SUBDIVISION Prepared by: Engineering Department Geographic Technology Division 100 S. Myrtle Ave, Clearwater, FL 33756 Ph: (727)562-4750, Fax: (727)526-4755 www.MyClearwater.com JHHSD N.T.S.296B15-29s-15e7/7/2009Map Gen By:Reviewed By:S-T-R:Grid #:Date:Scale: HIBISCUS GARDENS SUBDIVISION EASEMENT VACATION Legend Storm Ponds Outside CLWTR City limits Clearwater Service AreaVacate the west 5 - feet of a 10 - foot Drainage Easement lying along the West Property Line of Lot 5, block "V", Hibiscus Gardens Subdivision. Drainage Easement Attachment number 1 Page 1 of 1 ST ST PR O S P E C T AVE TUSKAWILLA S h o r Pinellas LI N C O L N AV E ST Tuskawilla PI N ELLAS Dr EW I N G AV E RE M O SA N TUSCOLA ST HI L L MILTON BROWNING AD A M S BE T T Y AV E ST FO R R E S T PI N E V I E W BARRY JEFFORDS AV E LA ST EV E RGR E E N ST BARRY CR-488 LAKEVIEW BY R O N T SR-6 S PIERC G U L F - T O - B A Y SR-590 PROSP ECT AV E LOTUS DR PINE COURT ST LAURA FE R ROSA PARK MC V E I G H SH E R M A N LI N C O L N AV E STGOULDMA R T I N L UT H E R K I N G JR EWI N G PATH WAY AV E TURNER ST S T Y ORK YORK S CIR CIR N LOTUS MI SSO UR I JASMINE MAGNOLIA ST N S MA D I S O N PINE PINE ST COURT BROWNELL AV E SR-65 1 Le m b o Cir ST ROGERS ST CLEVELAND ST AVE BOOT H ST AV E GROVE JE F F E R S O N Browns CLE V E L A N D GROVE T O N AV E MA D I S O N WA S HIN G AVE N.E. ST F RA CIR LI N KN ST ST ST W M AVE LI N C O L N AV E SANTA SA N R E M O AVE CT BET TY DE LEON COURT SAN MAGNOLIA LOTUS Jasmine MA R K DR PATH WAY DR HI L LC R E S T PATHLOTUS CH E S T E R DR EV E R G R E E N AV E AV E DRUID S A L L Y LA RD ST ST EV E RGREEN HI L LC R E S T AV E PI N E V I E W PATH JASMINE Ct AV E PINE ST JUAN ROGERS FRANKLIN KE N W O O D AV E AV E FRANKLIN PIERCE ST FR E DRI C A LA AV A N D A W A Y W A V E R L Y BE T T Y EV ER G RE E N LAD Y ST HI L L C R E S T ST MA RY LA AV E DR OR A N G E V I EW PARK SA N R EMO AV E SA N R E M O AV E HI PlaceEvergreen Pr o s p e ct PIERCE ST SR-60 SR-60 US - 1 9 A L T . SR - 5 9 5 US-19 ALT.SR-595 PROJECT SITE LOCATION MAP Prepared by: Engineering Department Geographic Technology Division 100 S. Myrtle Ave, Clearwater, FL 33756 Ph: (727)562-4750, Fax: (727)526-4755 www.MyClearwater.com JHHSD N.T.S.296B15-29s-15e7/7/2009Map Gen By:Reviewed By:S-T-R:Grid #:Date:Scale: HIBISCUS GARDENS SUBDIVISION EASEMENT VACATION Legend Outside CLWTR City limits Clearwater Service Area Attachment number 2 Page 1 of 1 Ordinance No. 8085-09 ORDINANCE NO. 8085-09 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, VACATING THE WEST FIVE FEET OF THE TEN-FOOT DRAINAGE EASEMENT LYING EAST OF AND ADJACENT TO THE WEST PROPERTY LINE OF LOT 5, BLOCK V, HIBISCUS GARDENS; PROVIDING AN EFFECTIVE DATE. WHEREAS, Norman L. Kirkland, Jr., Trustee, owner of real property located in the City of Clearwater, has requested that the City vacate the drainage easement depicted in Exhibit A attached hereto; and WHEREAS, the City Council finds that said easement is not necessary for municipal use and it is deemed to be in the best interest of the City and the general public that the same be vacated; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following: Five feet of the 10-foot drainage easement lying east of and adjacent to the west property line of Lot 5, Block V, Hibiscus Gardens, as recorded in Plat Book 14, Pages 55-58, Public Records of Pinellas County, Florida is hereby vacated, and the City of Clearwater releases all of its rights in the servitude as described above to the owner of the servient estate thereto. Section 2. The City Clerk shall record this ordinance in the public records of Pinellas County, Florida, following adoption. Section 3. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING _________________________ PASSED ON SECOND AND FINAL READING AND ADOPTED _________________________ ______________________________ Frank V. Hibbard Mayor Approved as to form: Attest: ______________________________ ______________________________ Camilo A. Soto Cynthia E. Goudeau Assistant City Attorney City Clerk Attachment number 3 Page 1 of 1 Work Session Council Chambers - City Hall Meeting Date:8/17/2009 SUBJECT / RECOMMENDATION: Amend Chapter 32 as related to reclaimed water availability fee parameters and exemptions and incentives for well, lake or pond irrigation systems in specified areas and pass Ordinance 8086-09 on first reading. SUMMARY: The costs associated with this item are not yet determined; however, funds are budgeted annually (96768) as approved by City Council on May 3, 2007, during the establishment of incentives for irrigation system abandonment in Section 32.380.1 (changed to 32.380.2 in this Ordinance). This Ordinance shall take effect immediately upon adoption. The reclaimed water program is essential in attaining the goals of Clearwater’s Integrated Water Management Strategy. Reclaimed water provides an alternate source to potable water for irrigation purposes, thereby reducing potable water purchases from outside sources. Using reclaimed for irrigation also alleviates the impact of treated wastewater disposal to Tampa Bay and Stevenson’s Creek. Construction and expansion of reclaimed water systems require large capital investments. The City is highly committed to the reclaimed water program and therefore our policies and ordinances are written to encourage participation in the reclaimed water system. The availability charge was originally established by ordinance in 1999 to include all improved properties adjacent to any reclaimed water distribution main to be charged a monthly availability charge to alleviate the capital outlay of extending accessibility of the reclaimed water system. There were no availability exemptions provided. In May 2007, an amendment to Section 32.380 was implemented. In areas where reclaimed water expansion projects were completed or under construction, the owners of existing well, lake or pond irrigation systems, identified in the ordinance as the projects named and boundaries defined by construction co-funding agreements with SWFWMD (Southwest Florida Water Management District) were exempted from paying the availability fee for reclaimed water. Included also was an incentive program initiated to encourage well owners in the defined project areas to transfer to reclaimed water. The program provides an incentive of up to $600 to shallow well customers to abandon their well and connect to the reclaimed system. Customers were then given a credit of $240 for the first year usage. Section 380.2 availability fee exemption is as follows: in areas where reclaimed water expansion projects are planned or are under construction, the owners of existing well, lake or pond irrigation systems not willing to abandon the current system to use reclaimed water, will not be charged the availability fee for reclaimed water for a period of one (1) year from the date of system activation. Owners of existing well, lake or pond irrigation systems who do connect to the reclaimed system during construction will not be charged the availability fee for reclaimed water for a period of two (2) years following system activation. These areas are identified in the ordinance as projects named and boundaries defined by construction co-funding agreements the City of Clearwater has with SWFWMD. 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 ORDINANCE NO. 8086-09 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, RELATING TO RECLAIMED WATER AVAILABILITY FEE EXEMPTION IN SPECIFICALLY DEFINED AREAS BY CURRENT COOPERATIVE FUNDING AGREEMENTS WITH THE SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT AND REBATES AND INCENTIVES TO ABANDON WELL, LAKE OR POND IRRIGATION; AMENDING SECTION 32.380, CODE OF ORDINANCES ADDING PHASE I AND REMOVING FORMER EXEMPTION LANGUAGE; ADDING NEW SECTION 32.380.1 AS PHASE II; RENUMBERING SECTION 32.380.1 AS 32.380.2 AND AMDENDING TO CLARIFY APPLICABLE PHASES; RENUMBERING SECTION 32.380.2 AS 32.380.3; PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA. Section 1. Chapter 32, Article IX, Code of Ordinances, is changed to read as follows: Sec. 32.380. Availability charge – Phase I The utility account of any improved property adjacent to a sufficiently sized reclaimed water distribution main shall include a monthly availability charge to alleviate the capital outlay of extending accessibility to the reclaimed water system. See appendix A for availability rates. Properties with existing well, lake or pond irrigation system within the project areas defined in cooperative funding agreements with the Southwest Florida Water Management District as North Beach, South Beach, Island Estates, Harbor Oaks, Seville/Sunset, Drew Union, North Greenwood, Del Oro, and Morningside shall not be charged for availability as long as the well, lake or pond irrigation system remains active. Availability fee exemptions will not be granted after the completion of these projects. Such availability fee exemptions, where granted, shall expire upon conveyance of the property. The burden of proof is on the property owner to verify that a well, lake or pond irrigation system is active and the director shall have final approval. Section 2. Chapter 32, Article IX, Code of Ordinances, is added to read as follows: Sec 32.380.1 Availability charge – Phase II The utility account of any improved property adjacent to a sufficiently sized reclaimed water distribution main shall include a monthly availability charge to alleviate the capital outlay of extending accessibility to the reclaimed water system. See appendix A for availability rates. Properties with existing well, lake or pond irrigation system within the project areas defined in the cooperative Attachment number 1 Page 1 of 3 funding agreements with the Southwest Florida Water Management District as Chautauqua/Coachman, Skycrest, Glen Oaks/Palmetto, and Clearwater Harbor shall have the following exemption available, only for those properties that have a working well, lake or pond irrigation system at the time of construction of the reclaimed water system in the project area: (1) Should a customer choose not to connect to the Reclaimed Water system when the system becomes activated at the time of construction, that property owner shall have an exemption from the availability charge for one (1) year from the date of activation. After one year, the availability charge shall apply. Should the customer wish to connect to the reclaimed water system after the one-year period, all applicable connection charges and availability fees shall apply. (2) Should a customer choose to connect to the Reclaimed Water system when the system becomes activated at the time of construction, that property owner shall have an exemption from the availability charge for two (2) years from the date of activation. Availability fee exemptions will not be granted after the completion of these projects. Such availability fee exemptions, where granted, shall expire upon conveyance of the property. The burden of proof is on the property owner to verify that a well, lake or pond irrigation system is active and the director shall have final approval. Section 3. Chapter 32, Article IX, Code of Ordinances, is renumbered and changed to read as follows: Sec. 32.380.1. Sec. 32.380.2. Incentives. Because the overall objective is to maximize usage of reclaimed water and to lessen the impact of effluent discharge into Tampa Bay, all customers in either Phase I or Phase II-designated reclaimed water project areas willing to abandon a private well, lake or pond irrigation system and connect to the reclaimed water system at any time: (1) Shall be offered a rebate of up to $600.00 as reimbursement for a licensed well driller or professional to properly plug or abandon the well, lake or pond irrigation system; and (2) Shall receive an incentive credit of $240.00 on the utility account. Those customers willing to abandon a private well, lake or pond irrigation system and connect to the reclaimed water system during project construction shall, in addition, not be charged a tap fee. Section 4. Chapter 32, Article IX, Code of Ordinances, is renumbered to read as follows: Sec. 32.380.2. 32.380.3. Exclusions. Single-family residences with wells, lakes or ponds may choose the availability fee exemption or connection to reclaimed water, but not both. Commercial or multifamily (more than four units) may keep an existing private well following connection to the reclaimed water system for "emergency purposes limited to times when the reclaimed water system may not be Attachment number 1 Page 2 of 3 operational" with proper precautionary devices to assure no interconnection between the reclaimed water system and the private well system will be created. Section 5. This ordinance shall take effect immediately upon adoption. 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 Attachment number 1 Page 3 of 3 Work Session Council Chambers - City Hall Meeting Date:8/17/2009 SUBJECT / RECOMMENDATION: Approve Development Agreement between Decade Companies Income Properties (the property owner) and the City of Clearwater, providing for the allocation of units from the Hotel Density Reserve under Beach by Design and adopt Resolution 09-23. SUMMARY: The 0.72 acres is located on the east side of Coronado Drive at the northeast and southeast corners of Devon Drive. The site is comprised of three parcels, two on the north side of Devon Drive and one on the south side of Devon Drive. The northern portion of the subject property is currently developed with a 22-unit motel at 101 Coronado Drive (Port Vue Motel) and vacant land (formerly a 16-unit motel). The vacant area is presently being used for construction trailers for the Hyatt/Aqualea project (301 S. Gulfview Boulevard). The southern portion of the subject property is currently vacant land (formerly a 15-unit motel), also being used for construction trailers for the Hyatt/Aqualea project. The proposal is for an overnight accommodation use of a total of 108 rooms (150 rooms/acre on total site, including the allocation of 72 units from the Hotel Density Reserve) and approximately 1,500 square feet (0.048 FAR on total site) of amenities accessory to the hotel at a height of 89 feet (to roof deck) On May 19, 2009, the Community Development Board (CDB) approved with 13 conditions of approval a Flexible Development application for the construction of a 108-unit hotel with associated amenities (FLD2009-03013). 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, meets the criteria for the allocation of units from the Hotel Density Reserve under Beach by Design and includes the following main provisions: Provides for the allocation of 72 units from the Hotel Density Reserve; Requires the developer to obtain building permits and certificates of occupancy in accordance with Community Development Code (CDC) Section 4-407; Requires the return of any hotel unit obtained from the Hotel Density Reserve that is not constructed; For units allocated from the Hotel Density Reserve, prohibits the conversion of any hotel unit to a residential use and requires the recording of a covenant restricting use of such hotel units to overnight accommodation usage; and Requires a legally enforceable mandatory evacuation/closure covenant that the hotel will be closed as soon as practicable after a hurricane watch that includes Clearwater Beach is posted by the National Hurricane Center. The Community Development Board reviewed this Development Agreement application at its public hearing on May 19, 2009, and unanimously recommended approval of the application (DVA2009-00001). Review Approval:1) Legal 2) Clerk 3) Assistant City Manager 4) Clerk 5) City Manager 6) Clerk Cover Memo Community Development Board – May 19, 2009 DVA2009-00001 – Page 1 of 3 CDB Meeting Date: May 19, 2009 Case Number: DVA2009-00001 (Related to FLD2009-03013) Agenda Item: F.1. (Related to E.4.) Owner/Applicant: Decade Companies Income Properties Representative: Keith Zayac, PE, RLA, LEED AP, Keith Zayac & Associates, Inc. Address: 101 and 105 Coronado Drive and 35 Devon Drive CITY OF CLEARWATER PLANNING DEPARTMENT STAFF REPORT GENERAL INFORMATION: REQUEST: Review of, and recommendation to the City Council, of a Development Agreement between Decade Companies Income Properties (the property owner) and the City of Clearwater, providing for the allocation of units from the Hotel Density Reserve under Beach by Design. CURRENT ZONING: Tourist (T) District CURRENT FUTURE LAND USE CATEGORY: Resort Facilities High (RFH) BEACH BY DESIGN CHARACTER DISTRICT: Small Motel PROPERTY USE: Current Use: 22-room motel and vacant land (formerly a 16-unit motel and a 15-unit motel) Proposed Use: Overnight accommodation use of a total of 108 rooms (150 rooms/acre on total site, including the allocation of 72 units from the Hotel Density Reserve) and approximately 1,500 square feet (0.048 FAR on total site) of amenities accessory to the hotel at a height of 89 feet (to roof deck) EXISTING SURROUNDING ZONING AND USES: North: Preservation (P) District City Marina South: Tourist (T) District Retail sales and Overnight accommodations East: Tourist (T) District Overnight accommodations and City parking lot West: Tourist (T) District Temporary City parking lot ANALYSIS: Site Location and Existing Conditions: The 0.72 acres is located on the east side of Coronado Drive at the northeast and southeast corners of Devon Drive/First Street. The subject property is currently developed with a 22-unit motel (101 Coronado Drive) and vacant land presently used for construction trailers for the Hyatt/Aqualea project (105 Coronado Drive and 35 Devon Drive). The vacant parcels were previously developed with a 16-unit motel (105 Coronado Drive) and a 15-unit motel (35 Devon Drive). Attachment number 1 Page 1 of 3 Community Development Board – May 19, 2009 DVA2009-00001 – Page 2 of 3 Development Proposal: The development proposal includes a companion Flexible Development application (FLD2009-03013) to permit an overnight accommodation use of a total of 108 rooms (150 rooms/acre on total site, including the allocation of 72 units from the Hotel Density Reserve) and approximately 1,500 square feet (0.048 FAR on total site) of amenities accessory to the hotel (meeting room and exercise room) at a height of 89 feet (to roof deck). All 108 units of the hotel and 94 parking spaces on four levels are proposed on the northern portion of the site (north of Devon Drive). A surface parking lot for 18 spaces is proposed on the southern portion of the site (south of Devon Drive). Development Agreement: The Development Agreement is a requirement for the allocation of hotel units from the Hotel Density Reserve, adopted as an amendment to Beach by Design under Ordinance 7925-08 on July 17, 2008. A total of 1,385 hotel rooms are available under the Hotel Density Reserve and this proposal requests the allocation of 72 units from it. The City has established the Development Agreement format as a means to facilitate the allocation of the units and to set forth appropriate provisions related to the development of the property. The proposed Development Agreement will be in effect for a period not to exceed ten (10) years, meets the criteria for the allocation of units from the Hotel Density Reserve under Beach by Design and includes the following main provisions: Provides for the allocation of 72 units from the Hotel Density Reserve; Requires the developer to obtain building permits and certificates of occupancy in accordance with Community Development Code (CDC) Section 4-407; Requires the return of any hotel unit obtained from the Hotel Density Reserve that is not constructed; For units allocated from the Hotel Density Reserve, prohibits the conversion of any hotel unit to a residential use and requires the recording of a covenant restricting use of such hotel units to overnight accommodation usage; and Requires a legally enforceable mandatory evacuation/closure covenant that the hotel will be closed as soon as practicable after a hurricane watch that includes Clearwater Beach is posted by the National Hurricane Center. The Community Development Board (CDB) has been provided with the most recent Development Agreement. The City Council may enter into Development Agreements to encourage a stronger commitment on comprehensive and capital facilities planning, to ensure the provision of adequate public facilities for development, to encourage the efficient use of resources, and to reduce the economic cost of development. The CDB is required to review the proposed Development Agreement and make a recommendation to the City Council. Attachment number 1 Page 2 of 3 Community Development Board – May 19, 2009 DVA2009-00001 – Page 3 of 3 SUMMARY AND RECOMMENDATION: The Development Review Committee (DRC) reviewed the application and supporting materials at its meeting of April 2, 2009, and deemed the development proposal to be sufficient to move forward to the Community Development Board (CDB), based upon the following findings of fact and conclusions of law: Findings of Fact: The Planning Department, having reviewed all evidence submitted by the applicant and requirements of the Community Development Code, finds that there is substantial competent evidence to support the following findings of fact: 1. That the 0.72 acres is located on the east side of Coronado Drive at the northeast and southeast corners of Devon Drive/First Street; 2. That the property is located within the Tourist (T) District and the Resort Facilities High (RFH) Future Land Use Plan category; 3. That the development proposal is subject to the requirements of Beach by Design, the Design Guidelines contained therein as the property is located within the Small Motel character district and the criteria for allocation of units from the Hotel Density Reserve. Conclusions of Law: The Planning Department, having made the above findings of fact, reaches the following conclusions of law: 1. That the Development Agreement implements and formalizes the requirements for the construction of on-site and off-site improvements under the related site plan proposal (FLD2009-03013); 2. That the Development Agreement complies with the standards and criteria of Section 4-606 of the Community Development Code; 3. That the Development Agreement is consistent with and furthers the Visions, Goals, Objectives and Policies of the Comprehensive Plan; 4. That the Development Agreement is consistent with the Visions, Goals, Objectives and Policies of Beach by Design and the Small Motel character district; and 5. That the Development Agreement complies with the criteria in Beach by Design for the allocation of units from the Hotel Density Reserve. Based upon the above, the Planning Department recommends the APPROVAL, and recommendation to the City Council, of a Development Agreement between Decade Companies Income Properties (the property owner) and the City of Clearwater, providing for the allocation of units from the Hotel Density Reserve under Beach by Design, for the property at 101 and 105 Coronado Drive and 35 Devon Drive. Prepared by Planning Department Staff: __________________________________________ Wayne M. Wells, AICP, Planner III ATTACHMENTS: Development Agreement with Exhibits Location Map Aerial Map Future Land Use Map Zoning Map S:\Planning Department\C D B\FLEX (FLD)\Pending cases\Up for the next CDB\DVA2009-00001 - Coronado 0101 - Holiday Inn Express (T) - 5.19.09 CDB - WW\Coronado 0101 Dev. Agree. Staff Report for 5.19.09 CDB.doc Attachment number 1 Page 3 of 3 DEVELOPMENT AGREEMENT THIS DEVELOPMENT AGREEMENT ("AGREEMENT") is dated the _______ day of _______________, 2009, and entered into between DECADE COMPANIES INCOME PROPERTIES ("Developer"), its successors and assigns, and the CITY OF CLEARWATER, FLORIDA, a political subdivision of the State of Florida acting through its City Council, the governing body thereof ("City"). RECITALS: WHEREAS, one of the major elements of the City's revitalization effort is a preliminary plan for the revitalization of Clearwater Beach entitled Beach by Design; and WHEREAS, Sections 163.3220 - 163.3243, Florida Statutes, which set forth the Florida Local Government Development Agreement Act ("Act"), authorize the City to enter into binding development agreements with persons having a legal or equitable interest in real property located within the corporate limits of the City; and WHEREAS, under Section 163.3223 of the Act, the City has adopted Section 4- 606 of the City of Clearwater Community Development Code ("Code"), establishing procedures and requirements to consider and enter into development agreements; and WHEREAS, Beach by Design proposed additional hotel units to equalize development opportunities on the beach and ensure Clearwater Beach remains a quality, family resort community by further providing for a limited pool of additional hotel units ("Hotel Density Reserve") to be made available for such mid-sized hotel projects; and WHEREAS, the Developer controls approximately 0.722 acres of real property ("Property") in the corporate limits of the City, consisting of 0.722 acres of upland from the face of the seawall more particularly described on Exhibit "A" attached hereto and incorporated herein; and WHEREAS, the Developer desires to develop the Property by demolishing existing hotel rooms and other uses in order to add overnight accommodation units, minimal meeting space for guest use, ground level pool, tiki-bar/pool on the roof, new lobby and parking with parking spaces, generally conforming to the architectural elevation dimensions shown in composite Exhibit "B”; and WHEREAS, upon completion the planned resort will contain 108 units, which includes Seventy-Two (72) units from the available Hotel Density Reserve: WHEREAS, the City has conducted such hearings as are required by and in accordance with Chapter 163.3220 Fla. Stat. (2008) and any other applicable law; and Attachment number 2 Page 1 of 21 2 WHEREAS, the City has determined that, as of the Effective Date of this Agreement, the proposed project is consistent with the City's Comprehensive Plan and Land Development Regulations; and WHEREAS, the City has conducted public hearings as required by §§ 4-206 and 4-606 of the Community Development Code; and WHEREAS, at a duly called public meeting on ______________________, 2009, the City Council approved this Agreement and authorized and directed its execution by the appropriate officials of the City; and WHEREAS, the Community Development Board approved the design and site plan as FLD2009- 03013 on ________________, 2009, conditioned upon the approval and execution of this Agreement; and WHEREAS, approval of this Agreement is in the interests of the City in furtherance of the City's goals of enhancing the viability of the resort community and in furtherance of the objectives of Beach by Design; and WHEREAS, Developer has approved this Agreement and has duly authorized certain individuals to execute this Agreement on Developer's behalf. STATEMENT OF AGREEMENT In consideration of and in reliance upon the premises, the mutual covenants contained herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto intending to be legally bound and in accordance with the Act, agree as follows: SECTION 1. Recitals. The above recitals are true and correct and are a part of this Agreement. SECTION 2. Incorporation of the Act. This Agreement is entered into in compliance with and under the authority of the Code and the Act, the terms of which as of the date of this Agreement are incorporated herein by this reference and made a part of this Agreement. Words used in this Agreement without definition that are defined in the Act shall have the same meaning in this Agreement as in the Act. SECTION 3. Property Subject to this Agreement. The Property described in Exhibit "A" is subject to this Agreement ("Property"). 3.1 The Property currently has a land use designation of Resort Facilities High (RFH) and is zoned Tourist (T). 3.2. The Property is owned in fee simple by the Developer. Attachment number 2 Page 2 of 21 3 3.3 The Property is generally located at 101 Coronado Drive Clearwater, FL 33767 as more further described in Exhibit “A”. SECTION 4. Scope of Project. 4.1 The Project shall consist of no more than 108 overnight accommodation units. Such units may be traditional hotel rooms or fractional ownership units, as defined by the Community Development Code. The proposed density is 150 units per acre. 4.2 The Project shall include 112 parking spaces, as defined in the Community Development Code. ”. 4.3 The proposed height of the building is 89 feet to the roof deck. 4.4 The design of the Project, as represented in Exhibit “B”, is consistent with Beach by Design, except as otherwise shown on Exhibit “B. 4.5 No more than 25 % of overnight accommodation units shall have full kitchens. Such kitchens shall be limited to those units identified on the plans in Exhibit "B" as "suites" and shall not be located in any unit received from the Hotel Density Reserve. 4.6 The project shall comply with the Metropolitan Planning Organization (MPO) countywide approach to the application of concurrency management for transportation facilities. SECTION 5. Effective Date/Duration of this Agreement. 5.1 This Agreement shall not be effective until this Agreement is properly recorded in the public records of Pinellas County, Florida, and thirty (30) days have elapsed after having been received by the Department of Community Affairs pursuant to Florida Statutes Section 163.3239 and Clearwater Community Development Code Section 4-606.G. 2. 5.2 Within fourteen (14) days after the City approves the execution of this Agreement, the City shall record the Agreement with the Clerk of the Circuit Court for Pinellas County. The Developer shall pay the cost of such recording. The City shall submit to the Department of Community Affairs a copy of the recorded Agreement within fourteen (14) days after the Agreement is recorded. 5.3 This Agreement shall continue in effect until terminated, as defined herein, but for a period not to exceed ten (10) years. SECTION 6. Obligations under this Agreement. 6.1 Obligations of the Developer: Attachment number 2 Page 3 of 21 4 6.1.1 The obligations under this Agreement shall be binding upon and the benefits of this Agreement shall inure to the Developer, its successors in interests or assigns. 6.1.2 At the time of development of the Property, the Developer will submit such applications and documentation as are required by law and shall comply with the City's Code applicable at the time of building permit review. 6.1.3 The following restrictions shall apply to development of the Property: 6.1.3.1 The Property and improvements located thereon shall be developed in substantial conformance with the Site Plan attached as Exhibit "B" and approved by the Community Development Board ("CDB") as case number FLD2009-03013. Any minor revisions or changes to the Site Plan shall be consistent with the approved Site Plan and shall be approved by the Planning Director as a minor modification, pursuant to the Code. Any modifications determined by the Planning Director as either inconsistent with the approved Site Plan or constituting a substantial deviation from the approved Site Plan and thus requiring further approval by the CDB shall require an amendment to this Agreement in accordance with the procedures of the Act and the Code, as necessary and applicable. Any and all such approved and adopted amendments shall be recorded in the public records of Pinellas County, Florida. 6.1.3.2 The Developer shall obtain building permits and shall thereafter timely obtain required certificates of occupancy, in accordance with Code Section 4-407. The Developer shall commence vertical construction, defined as work on the project other than clearing, grubbing or other preliminary site preparation work, in accordance with applicable provisions of the Code and of the Florida Building Code. Nothing herein shall restrict Developer from seeking an extension of these time frames pursuant to applicable provisions of the Code and of the Florida Building Code or from seeking an amendment to this agreement. 6.1.3.3 The Developer shall execute, prior to commencement, a mandatory evacuation/closure covenant, substantially in the form of Exhibit "C", that the accommodation use will closed as soon as practicable after a hurricane watch that includes Clearwater Beach is posted by the National Hurricane Center. 6.1.4 Covenant of Unified Use. Prior to the issuance of the first building permit for the Project, the Developer hereby agrees to execute and record in the Public Records of Pinellas County, Florida the covenant of unified use and development for the Project Site providing that the Project Site shall be developed and used as a single project, the form of which covenant is attached as Exhibit "D"; provided however, that nothing shall preclude the Developer from selling the Fractional Share Units or from selling all or a portion of the Developer's Property Attachment number 2 Page 4 of 21 5 in the event that Developer determines not to construct the Project. Additionally, prior to the issuance of the first building permit for the Project, the Developer hereby agrees to execute a Declaration of Unity of Title for the Project Site providing that the Project Site shall be developed and used as a single project, the form of which Declaration of Unity of Title is available from the City Planning Department. It is understood and agreed that, in the event that the Developer enters into the anticipated covenant of unified use and development, and the Developer elects not to construct the Project and notifies the City of its election in writing, and, alternatively, as of the date of expiration, termination or revocation any rights of Developer to incorporate the Hotel Density Reserve Units into the Project, the City shall execute and deliver to the Developer a termination of such covenant of unified use and development suitable for recording in the Public Records of Pinellas County, Florida. Additionally, the City shall execute and deliver to the Developer a Release of Unity of Title suitable for recording in the Public Records of Pinellas County, Florida. 6.1.5 Allocation of Units from Hotel Density Reserve; Return of units to the Reserve Pool. Covenant Regarding Use of Hotel Density Reserve Units. Subject to the terms and conditions of this Agreement, the City hereby allocates and grants to the Developer from the Hotel Density Reserve an additional 72 hotel units to the Project Site in accordance with applicable law. In the event this Agreement is terminated pursuant to Section 10 of this Agreement, or if any of the units granted to the Developer from the Hotel Density Reserve are not constructed in conjunction with the Project approved by FLD2009-03013 and in accordance with Paragraph 6.1.3.2, or if any units or the Project fail to meet and maintain the criteria for Hotel Density Reserve Units contained in the City of Clearwater Ordinanace No. 7925-08, said units shall be returned to the Hotel Density Reserve and be unavailable to the Developer for use on the Project, pursuant to Beach by Design. Prior to the issuance of the Certificate of Occupancy for the Project, the Developer agrees to execute and record a Covenant in the Public Records of Pinellas County, Florida restricting the Hotel Density Reserve Units in perpetuity to the use approved by FLD2009-03013 and by this Agreement. 6.1.6 Transient Use. Occupancy in the overnight accommodation units from the hotel density is limited to a term of less than one (1) month or thirty (30) consecutive days, whichever is less. Nothing herein shall prevent a purchaser of a fractional share unit from owning a period of time greater than thirty (30) days, provided every occupancy is limited to not more than thirty (30) consecutive days or one (1) month. 6.2 Obligations of the City. 6.2.1 The City shall promptly process site and construction plan applications for the Property that are consistent with the Comprehensive Plan and the Concept Plan and that meet the requirements of the Code. 6.2.2 The final effectiveness of the re-designations referenced in Section 6.2.1 is subject to: Attachment number 2 Page 5 of 21 6 6.2.2.1 The provisions of Chapters 163 and 166, Florida Statutes, as they may govern such amendments; and 6.2.2.2 The expiration of any appeal periods or, if an appeal is filed, at the conclusion of such appeal. 6.2.3 Upon adoption of this Agreement, the Project shall receive 72 units from the Hotel Density Reserve as defined in Beach by Design. SECTION 7. Public Facilities to Service Development. The following public facilities are presently available to the Property from the sources indicated below. Development of the Property will be governed by the concurrency ordinance provisions applicable at the time of development approval unless otherwise provided by law. With respect to transportation and other public infrastructure and services subject to concurrency requirements, all applicable concurrency provisions for the proposed development have been met. 7.1 Potable water is available from the City. The Developer shall be responsible for all necessary main extensions and applicable connection fees. 7.2 Sewer service is currently provided by the City. The Developer shall be responsible for all necessary main extensions and applicable connection fees. 7.3 Fire protection from the City. 7.4 Drainage facilities for the Property will be provided by the Developer at the Developer's sole expense. 7.5 Transportation concurrency requirements have been met. 7.6 All improvements associated with the public facilities identified in Subsections 7.1 through 7.4 shall be completed prior to the issuance of any certificate of Occupancy. 7.7 The Developer is responsible for the payment of any required impact fees. SECTION 8. Required Local Government Permits. The required local government development permits for development of the Property include, without limitation, the following: 8.1 Site plan approval(s) and associated utility licenses, access, and right-of- way utilization permits; 8.2 Construction plan approval(s); 8.3 Building permit(s); and Attachment number 2 Page 6 of 21 7 8.4 Certificate(s) of occupancy. SECTION 9. Consistency. The City finds that development of the Property is consistent with the terms of this Agreement and is consistent with the City Comprehensive Plan and the Code. SECTION 10. Termination. If the Developer's obligations set forth in this Agreement are not followed in a timely manner, as reasonably determined by the City Manager, after notice to the Developer and an opportunity to be heard, existing permits shall be administratively suspended and issuance of new permits suspended until the Developer has fulfilled its obligations. Failure to timely fulfill its obligations may serve as a basis for termination of this Agreement by the City, at the discretion of the City and after notice to the Developer and an opportunity for the Developer to be heard. SECTION 11. Other Terms and Conditions. 11.1 Except in the case of termination, until ten (10) years after the date of this Agreement, the Property shall not be subject to down-zoning, unit density reduction, or intensity reduction, unless the City has held a public hearing and determined: 11.1.1 That substantial changes have occurred in pertinent conditions existing at the time of approval of this Agreement; or 11.1.2 This Agreement is based on substantially inaccurate information provided by the Developer; or 11.1.3 That the change is essential to the public health, safety, or welfare. SECTION 12. Compliance with Law. The failure of this Agreement to address any particular permit, condition, term or restriction shall not relieve the Developer from the necessity of complying with the law governing such permitting requirements, conditions, terms or restrictions. SECTION 13. Notices. Notices and communications required or desired to be given under this Agreement shall be given to the parties by hand delivery, by nationally recognized overnight courier service such as Federal Express, or by certified mail, return receipt requested, addressed as follows (copies as provided below shall be required for proper notice to be given): If to the Developer: Decade Companies Income Properties 1355 Bishops Court, Ste 345 Brookfield, WI 53005 With Copy to: Keith Zayac & Associates 701 Enterprise Road East Ste 404 Safety Harbor, Florida 34695 Attachment number 2 Page 7 of 21 8 If to City: City of Clearwater, City Attorney ATTN: Pamela Akin, Esq. 112 South Osceola Avenue Clearwater, FL 33756 Properly addressed, postage prepaid, notices or communications shall be deemed delivered and received on the day of hand delivery, the next business day after deposit with an overnight courier service for next day delivery, or on the 3rd day following deposit in the United States mail, certified mail, return receipt requested. The parties may change the addresses set forth above (including the addition of a mortgagee to receive copies of all notices), by notice in accordance with this Section. SECTION 14. Assignments. 14.1 By the Developer: 14.1.1 Prior to the Commencement Date, the Developer may sell, convey, assign or otherwise dispose of any or all of its right, title, interest and obligations in and to the Project, or any part thereof, only with the prior written notice to the City, provided that such party (hereinafter referred to as the "assignee"), to the extent of the sale, conveyance, assignment or other disposition by the Developer to the assignee, shall be bound by the terms of this Agreement the same as the Developer for such part of the Project as is subject to such sale, conveyance, assignment or other disposition. 14.1.2 If the assignee of the Developer's right, title, interest and obligations in and to the Project, or any part thereof assumes all of the Developer's obligations hereunder for the Project, or that part subject to such sale, conveyance, assignment or other disposition, then the Developer shall be released from all such obligations hereunder which have been so assumed by the assignee, and the City agrees to execute an instrument evidencing such release, which shall be in recordable form. 14.1.3 An assignment of the Project, or any part thereof, by the Developer to any corporation, limited partnership, limited liability company, general partnership, or joint venture, in which the Developer (or an entity under common control with Developer) has either the controlling interest or through a joint venture or other arrangement shares equal management rights and maintains such controlling interest or equal management rights shall not be deemed an assignment or transfer subject to any restriction on or approvals of assignments or transfers imposed by this Agreement, provided, however, that notice of such assignment shall be given by the Developer to the City not less than thirty (30) days prior to such assignment being effective and the assignee shall be bound by the terms of this Agreement to the same extent as would the Developer in the absence of such assignment. Attachment number 2 Page 8 of 21 9 14.1.4 No assignee, purchaser, sublessee or acquirer of all or any part of the Developer's rights and obligations with respect to any one Parcel shall in any way be obligated or responsible for any of the Developer's obligations with respect to any other Parcel by virtue of this Agreement unless and until such assignee, purchaser, sublessee or acquire has expressly assumed the Developer's such other obligations. 14.1.5 Notwithstanding any other provision of this paragraph, the sale of individual Interval Ownership Units in the ordinary course of business shall not be subject to the requirements of this paragraph. 14.2 Successors and Assigns. The terms herein contained shall bind and inure to the benefit of the City, and its successors and assigns, and the Developer and, as applicable to the parties comprising Developer, their personal representatives, trustees, heirs, successors and assigns, except as may otherwise be specifically provided herein. SECTION 15. Minor Non-Compliance. The Developer will not be deemed to have failed to comply with the terms of this Agreement in the event such noncompliance, in the judgment of the City Manager, reasonably exercised, is of a minor or inconsequential nature. SECTION 16. Covenant of Cooperation. The parties shall cooperate with and deal with each other in good faith and assist each other in the performance of the provisions of this Agreement and in achieving the completion of development of the Property. SECTION 17. Approvals. Whenever an approval or consent is required under or contemplated by this Agreement such approval or consent shall not be unreasonably withheld, delayed or conditioned. All such approvals and consents shall be requested and granted in writing. SECTION 18. Completion of Agreement. Upon the completion of performance of this Agreement or its revocation or termination, a statement evidencing such completion, revocation or termination shall be signed by the parties hereto and recorded in the official records of the City. SECTION 19. Entire Agreement. This Agreement (including any and all Exhibits attached hereto all of which are a part of this Agreement to the same extent as if such Exhibits were set forth in full in the body of this Agreement), constitutes the entire agreement between the parties hereto pertaining to the subject matter hereof. SECTION 20. Construction. The titles, captions and section numbers in this Agreement are inserted for convenient reference only and do not define or limit the scope or intent and should not be used in the interpretation of any section, subsection or provision of this Agreement. Whenever the context requires or permits, the singular shall include the plural, and plural shall include the singular and any reference in this Attachment number 2 Page 9 of 21 10 Agreement to the Developer includes the Developer's successors or assigns. This Agreement was the production of negotiations between representatives for the City and the Developer and the language of the Agreement should be given its plain and ordinary meaning and should not be strictly construed against any party hereto based upon draftsmanship. If any term or provision of this Agreement is susceptible to more than one interpretation, one or more of which render it valid and enforceable, and one or more of which would render it invalid or unenforceable, such term or provision shall be construed in a manner that would render it valid and enforceable. SECTION 21. Partial Invalidity. If any term or provision of this Agreement or the application thereof to any person or circumstance is declared invalid or unenforceable, the remainder of this Agreement, including any valid portion of the invalid term or provision and the application of such invalid term or provision to circumstances other than those as to which it is held invalid or unenforceable, shall not be affected thereby and shall with the remainder of this Agreement continue unmodified and in full force and effect. Notwithstanding the foregoing, if such responsibilities of any party hereto are thereby limited, to the extent that the purpose of this Agreement or the benefits sought to be received hereunder are frustrated, such party shall have the right to terminate this Agreement upon fifteen (15) days written notice to the other parties. SECTION 22. Code Amendments. Subsequently adopted ordinances and codes of the City which is of general application not governing the development of land shall be applicable to the Property, and such modifications are specifically anticipated in this Agreement. SECTION 23. Governing Law. This Agreement shall be governed by, and construed in accordance with the laws of the State of Florida without regard to the conflict of laws principles of such state. SECTION 24. Counterparts. This Agreement may be executed in counterparts, all of which together shall continue one and the same instrument. SECTION 25. Amendment. This Agreement may be amended by mutual written consent of the City, the Developer, and the Association so long as the amendment meets the requirements of the Act, applicable City ordinances, and Florida law. IN WITNESS WHEREOF, the parties have hereto executed this Agreement the date and year first above written. In the Presence of: ______________________________ __________________________________ Print Name_____________________ ______________________________ Attachment number 2 Page 10 of 21 11 Print Name_____________________ As to “Developer” CITY OF CLEARWATER, FLORIDA _______________________________ By: ____ Print Name:______________________ William B Home II, City Manager ________________________________ Print Name_______________________ As to “City” Attest: __________________________________ Cynthia E. Goudeau, City Clerk Countersigned: __________________________________ Frank V. Hibbard, Mayor Approved as to Form: __________________________________ Leslie K. Dougall-Sides Assistant City Attorney STATE OF FLORIDA COUNTY OF PINELLAS The foregoing instrument was acknowledged before me this _____ day of _______________, 2009, by _______________ He is [ ] personally known to me or has [ ] produced _________________________________ as identification. __________________________________ Notary Public Print Name:_________________________ My Commission Expires: Attachment number 2 Page 11 of 21 12 STATE OF FLORIDA COUNTY OF PINELLAS The foregoing instrument was acknowledged before me this ______ day of ____________________, 2009, by WILLIAM B. HORNE, II, as City Manager of the City of Clearwater, Florida, who is [ ] personally known to me or who has [ ] produced _____________________________ as identification. __________________________________ Notary Public Print Name:_________________________ My Commission Expire Attachment number 2 Page 12 of 21 13 EXHIBIT “A” Legal Description of Project Site Attachment number 2 Page 13 of 21 14 EXHIBIT “B” Site and Building Plans Attachment number 2 Page 14 of 21 15 EXHIBIT “C” COVENANT REGARDING HURRICANE EVACUATION And DEVELOPMENT, USE AND OPERATION DECLARATION OF COVENANTS AND RESTRICTIONS THIS DECLARATION OF COVENANTS AND RESTRICTIONS ("Declaration") is made as of the _____ day of _________________, 2009, by Decade Companies Income Properties ("Developer"). Developer is the owner of fee simple title to the real property described in Schedule 1 attached hereto and made a part hereof (hereinafter, the ("Real Property"). The City of Clearwater, Florida (the "City"), has amended its Comprehensive Plan to designate Clearwater Beach as a Community Redevelopment District pursuant to the Pinellas County Planning Council Rules in order to implement the provisions of “Beach by Design,” a plan for the revitalization of Clearwater Beach. The designation of Clearwater Beach as a Community Redevelopment District (the "Designation") provides for the allocation of Hotel Density Reserve Units as an incentive for the development of mid-sized quality hotels. Pursuant to the Designation, the allocation of Hotel Density Reserve Units is subject to compliance with a series of performance standards, including a requirement that resorts containing a hotel developed with Hotel Density Reserve Units shall be closed and all Guests evacuated from such resorts as soon as practicable after the National Hurricane Center posts a hurricane watch that includes Clearwater Beach. The purpose of such evacuation is to ensure that such a Resort Hotel is evacuated in advance of the period of time when a hurricane evacuation would be expected in advance of the approach of hurricane force winds. The City has granted, by City Council Resolution __________, passed and approved on ____________, 20___, Developer's application for Hotel Density Reserve Units pursuant to the Designation, subject to Developer's compliance with the requirements of the Designation. Developer desires for itself, and its successors and assigns, as owner, to establish certain rights, duties, obligations and responsibilities with respect to the use and operation of the Real Property in accordance with the terms and conditions of the allocation of the Hotel Density Reserve Units to the City and the Designation, which rights, duties, obligations and responsibilities shall be binding on any and all successors and assigns and will run with the title to the Real Property. THEREFORE, in consideration of the covenants and restrictions herein set forth and to be observed and performed, and in further consideration of the allocation of Hotel Density Reserve Units to Developer, and other good and valuable consideration, the sufficiency of which is hereby acknowledged, Developer hereby declares, covenants and agrees as follows: 1. Benefit and Enforcement. These covenants and restrictions are made for the benefit of Developer and its successors and assigns and shall be enforceable by them and also for the benefit of the residents of the City and shall be enforceable on behalf of said residents by the City Council of the City. 2. Covenant of Development, Use and Operation. Developer hereby covenants and agrees to the development, use and operation of the Real Property in accordance with the provisions of this Declaration. 2.1 Use. The use of the resort on the Real Property is restricted as follows: 2.1.1 A maximum of Seventy-Two units, which is the number of hotel units allocated to Developer, shall be used solely for transient occupancy of one month or thirty (30) consecutive Attachment number 2 Page 15 of 21 16 days or less, must be licensed as a public lodging establishment and classified as a hotel, and must be operated by a single licensed operator of the hotel. No such hotel unit shall be used as a primary or permanent residence. 2.1.2 All other 36 units shall be licensed as a public lodging establishment. No unit shall be used as a primary or permanent residence. 2.1.3 As used herein, the terms "transient occupancy," "public lodging establishment," "hotel," "time share," and "operator" shall have the meaning given to such terms in Chapter 509, Part I, Florida Statutes (2004). 2.2 Closure of Improvements and Evacuation. The Hotel developed on the Real Property shall be closed as soon as practicable upon the issuance of a hurricane watch by the National Hurricane Center, which hurricane watch includes Clearwater Beach, and all Hotel guests, visitors and employees other than emergency and security personnel required to protect the resort, shall be evacuated from the Hotel as soon as practicable following the issuance of said hurricane watch. In the event that the National Hurricane Center shall modify the, terminology employed to warn of the approach of hurricane force winds, the closure and evacuation provisions of this Declaration shall be governed by the level of warning employed by the National Hurricane Center which precedes the issuance of a forecast of probable landfall in order to ensure that the guests, visitors and employees will be evacuated in advance of the issuance of a forecast of probable landfall. 3 Effective Date. This Declaration shall become effective upon issuance of all building permits required to build the project ("Project") and Developer's commencement of construction of the Project, as evidence by a Notice of Commencement for the Project. This Declaration shall expire and terminate automatically if and when the allocation of Reserve Units to the Developer expires or is terminated. 4 Governing Law. This Declaration shall be construed in accordance with and governed by the laws of the State of Florida. 5 Recording. This Declaration shall be recorded in the chain of title of the Real Property with the Clerk of the Courts of Pinellas County, Florida. 6 Attorneys' Fees. Developer shall reimburse the City for any expenses, including reasonable attorneys' fees, which are incurred by the City in the event that the City determines that it is necessary and appropriate to seek judicial enforcement of this Declaration and the City obtains relief, whether by agreement of the parties or through order of a court of competent jurisdiction. 7 Severability. If any provision, or part thereof, of this Declaration or the application of this Declaration to any person or circumstance will be or is declared to any extent to e invalid or unenforceable, the remainder of this Declaration, or the application of such provision or portion thereof to any person or circumstance, shall not be affected thereby, and each and every other provision of this Declaration shall be valid and enforceable to the fullest extent permitted by law. IN WITNESS WHEREOF, Developer has caused this Declaration to be executed this _____ day of ______________, 2009. In the Presence of: ______________________________ __________________________________ Print Name_____________________ _____________________________ Attachment number 2 Page 16 of 21 17 ______________________________ Print Name_____________________ As to “Developer” CITY OF CLEARWATER, FLORIDA _______________________________ By: ____ Print Name:______________________ William B Home II, City Manager ________________________________ Print Name_______________________ As to “City” Attest: __________________________________ Cynthia E. Goudeau, City Clerk Countersigned: __________________________________ Frank V. Hibbard, Mayor Approved as to Form: __________________________________ Leslie K. Dougall-Sides Assistant City Attorney STATE OF FLORIDA COUNTY OF PINELLAS The foregoing instrument was acknowledged before me this _____ day of _______________, 2009, by _______________ He is [ ] personally known to me or has [ ] produced _________________________________ as identification. __________________________________ Notary Public Print Name:_________________________ My Commission Expires: Attachment number 2 Page 17 of 21 18 STATE OF FLORIDA COUNTY OF PINELLAS The foregoing instrument was acknowledged before me this ______ day of ____________________, 2009, by WILLIAM B. HORNE, II, as City Manager of the City of Clearwater, Florida, who is [ ] personally known to me or who has [ ] produced _____________________________ as identification. __________________________________ Notary Public Print Name:_________________________ My Commission Expires: Attachment number 2 Page 18 of 21 19 EXHIBIT “D” COVENANT OF UNIFIED USE PLEASE RETURN RECORDED DOCUMENT TO: __________________________________________ __________________________________________ _________________________________________ COVENANT OF UNIFIED USE THIS COVENANT OF UNIFIED USE (the "Agreement") is executed this _____ day of _____________, 2009, by __________________________________("Developer"). WITNESSETH: WHEREAS, Developer is the owner of the real property legally described on Schedule "A" attached hereto and incorporated herein by reference (the "Real Property"); and WHEREAS, Developer and the City of Clearwater, Florida (the "City") are parties to that certain Development Agreement dated ___________, 2009 (the "Development Agreement"), pursuant to which the City has agreed that Developer may develop and construct upon the Real Property a hotel project as described in the Development Agreement (the "Project"); and WHEREAS, Developer intends to develop and operate the Real Property for a unified use, as more particularly described in this Agreement. NOW, THEREFORE, in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Developer does hereby agree that, effective as of the date on which Developer receives all permits required to construct the Project and Developer commences construction thereof, as evidenced by a Notice of Commencement for the Project, the Real Property shall be developed and operated as a hotel and fractional share/interval ownership project, as described in the Development Agreement. The restrictions set forth in the preceding sentence shall expire automatically when and if Developer's allocation of additional hotel units (as defined in the Development Agreement) expires or is terminated. Nothing in this Agreement shall require Developer to develop the Project or restrict Developer's ability to sell, assign, transfer or otherwise convey its right in and to the Real Property or any portion or portions thereof to unrelated third-parties. Further, nothing in this Agreement shall preclude the purchase and sale of one or more Fractional Share Units to be constructed as a part of the Project (the "Fractional Ownership") (or Hotel Units (as defined in the Development Agreement) if sold in a condominium form of ownership), to separate, unrelated third parties, provided that such Fractional Share Ownership or Hotel Units are operated and occupied as part of the Project as a single unified project throughout the term of this Agreement. Developer agrees that the City shall have the right to enforce the terms and conditions of this Agreement. Notwithstanding the foregoing, all Hotel Units may be operated by a single hotel operator and all Fractional Share Units may be operated by a different, single management firm/operator. IN WITNESS WHEREOF, Developer has caused this Agreement to be executed this _____ day of ______________, 2009. Attachment number 2 Page 19 of 21 20 In the Presence of: ______________________________ __________________________________ Print Name_____________________ ______________________________ Print Name_____________________ As to “Developer” CITY OF CLEARWATER, FLORIDA _______________________________ By: ____ Print Name:______________________ William B Home II, City Manager ________________________________ Print Name_______________________ As to “City” Attest: __________________________________ Cynthia E. Goudeau, City Clerk Countersigned: __________________________________ Frank V. Hibbard, Mayor Approved as to Form: __________________________________ Leslie K. Dougall-Sides Assistant City Attorney STATE OF FLORIDA COUNTY OF PINELLAS The foregoing instrument was acknowledged before me this _____ day of ______________, 2009, by ___________________________ He is [ ] personally known to me or has [ ] produced _________________________________ as identification. __________________________________ Notary Public Print Name:_________________________ My Commission Expires: Attachment number 2 Page 20 of 21 21 STATE OF FLORIDA COUNTY OF PINELLAS The foregoing instrument was acknowledged before me this ______ day of ____________________, 2009, by WILLIAM B. HORNE, II, as City Manager of the City of Clearwater, Florida, who is [ ] personally known to me or who has [ ] produced _____________________________ as identification. __________________________________ Notary Public Print Name:_________________________ My Commission Expires: Attachment number 2 Page 21 of 21 ATTACHMENT A HOLIDAY INN EXPRESS LEGAL DESCRIPTION NORTH PARCEL LEGAL DESCRIPTION: Begin at the Southwest corner of Water Lot 1, CITY PARK SUBDIVISION, according to map or plat thereof as recorded in Plat Book 23, Page 37, of the Public Records of Pinellas CITY, Florida; run thence West along the East-West Center Line of Section 8, Township 29 South, Range 15 East, 15 feet to the POINT OF BEGINNING; thence South 5°32'30" West along East right-of-way line of Coronado Drive 16.26 feet; thence South 84°27'30" East, 100 feet; thence North 5°32'30" East, 78.06 feet; thence Northwesterly along existing concrete seawall 113.38 feet, more or less; thence South 6°10'00" West, 82.63 feet; thence South 4°25'11" East, 25.74 feet to the Point of Beginning. AND: Begin at the Southwest corner of Water Lot 1 of CITY PARK SUBDIVISION, as recorded in Plat Book 23, Page 37, Public Records of Pinellas CITY, Florida; and run thence West along the East and West Center Line of Section 8, Township 29 South, Range 15 East, 15 feet to the Easterly line of Coronado Drive; thence South 5°32'30" West, 16.26 feet, for the POINT OF BEGINNING; thence continue South 5°32'30" West, 100 feet to the Northerly line of First Avenue; thence South 84°27'30" East, 100 feet along the Northerly line of First Avenue; thence North 5°32'30" East, 100 feet; thence North 84°27'30" West, 100 feet to the Point of Beginning. SOUTH PARCEL LEGAL DESCRIPTION: The North 100 feet of the West 110 feet of Lot 1, Block B COLUMBIA SUBDIVISION according to the map or plat thereof as recorded in Plat Book 23, Page 60 Public Records of Pinellas County, Florida. Attachment number 3 Page 1 of 1 Attachment number 4 Page 1 of 1 GULFVIEW CORONADO WATER BAYSIDE ST HA MDE N BRIGHT DR DR FIFTH DEVO N ST AVE BlvdCauseway DR DR ST ST MANDALAY POINSETTIA PAPAYA BAYMONT SAN MARCO AVE DR EAST DR ST SHORE BLVD THIRD FIRST M arin a DOLPHIN W a S R - 6 0 Pier 60 SECOND ST S. PROJECT SITE -N o t t o S c a l e - -N o t a S u r v e y - LOCATION MAP Owner: Decade Companies Income Properties Cases: FLD2009-03013 DVA2009-00001 Site: 101 Coronado Drive (including 105 Coronado Drive and 35 Devon Drive) Property Size: 0.72 acres PIN: 08-29-15-15606-000-0141 08-29-15-00000-320-0200 08-29-15-17550-002-0012 Atlas Page: 267A & 276A Attachment number 8 Page 1 of 1 35 59 59 60 60 70 35 35 70 35 70 17550 A 1 2 3 4 5 6 7 8 9 10 11 12 1 44 45 46 47 90 91 92 93 48 49 5051 94 95 96 97 98 99 100 102 103 104 52 53 54 55 56 57 105 106 101 59 58 59 59 59 74 70 57.8 106 15606 1 11 1213 (14) WATER LOT 1 GOVT LOT 3 GOVT LOT 4 SEE PLAT FOR DIMENSIONS* SEE SE07-29-15 FOR PARCEL INFO 60 60 50 50 50 70 60 60 60 17550 17568 B 1 2 3 1 2 1 2 4 2 3 4 5 6 7 8 9 10 11 12 13 14 4445 46 47 48 49 50 51 52 53 1100 100 100 178.84 101.68 4 5 .9 4128 1 1 5 . 2 4 78.4 104.21 1 2 9 . 0 6 SEE SE07-29-15 FOR PARCEL INFO 12 1 1 1 1 DEVON DR HAMDEN DR CORONADO DR FIRST ST THIRD ST T P I OS/R P LMDR 45 25 94 40 98 213 124 229 230 115 135 130 301 230 224 202 101 132 229 251 128 228 120 221 136 301 119 217 218 121 150 216 129 201 112 117 212 125 109 116 1 0 0 131 134 300 300 110 180 Adm. 160 Atta 170 Rest T 1 37 88 35 41 90102 304 215 207 101 100 305 100 101 225 219 127 105 209LDCTR -N o t t o S c a l e - -N o t a S u r v e y - ZONING MAP Owner: Decade Companies Income Properties Cases: FLD2009-03013 DVA2009-00001 Site: 101 Coronado Drive (including 105 Coronado Drive and 35 Devon Drive) Property Size: 0.72 acres PIN: 08-29-15-15606-000-0141 08-29-15-00000-320-0200 08-29-15-17550-002-0012 Atlas Page: 267A & 276A Attachment number 9 Page 1 of 1 35 59 59 60 60 70 35 35 70 35 70 17550 A 1 2 3 4 5 6 7 8 9 10 11 12 1 44 45 46 47 90 91 92 93 48 49 5051 94 95 96 97 98 99 100 102 103 104 52 53 54 55 56 57 105 106 101 59 58 59 59 59 74 70 57.8 106 15606 1 11 1213 (14) WATER LOT 1 GOVT LOT 3 GOVT LOT 4 SEE PLAT FOR DIMENSIONS* SEE SE07-29-15 FOR PARCEL INFO 60 60 50 50 50 70 60 60 60 17550 17568 B 1 2 3 1 2 1 2 4 2 3 4 5 6 7 8 9 10 11 12 13 14 4445 46 47 48 49 50 51 52 53 1100 100 100 178.84 101.68 4 5 .9 4128 1 1 5 . 2 4 78.4 104.21 1 2 9 . 0 6 SEE SE07-29-15 FOR PARCEL INFO 12 1 1 1 1 DEVON DR HAMDEN DR CORONADO DR FIRST ST THIRD ST 45 25 94 40 98 213 124 229 230 115 135 130 301 230 224 202 215 132 229 251 128 120 221 136 301 119 217 218 121 150 216 129 201 112 117 212 125 109 116 1 0 0 131 134 300 110 180 Adm. 1 37 88 35 41 90102 304 101 207 101 100 228 305 100 101 225 219 127 105 300 209LDCTR 160 Atta 170 Rest -N o t t o S c a l e - -N o t a S u r v e y - EXISTING Owner: Decade Companies Income Properties Cases: FLD2009-03013 DVA2009-00001 Site: 101 Coronado Drive (including 105 Coronado Drive and 35 Devon Drive) Property Size: 0.72 acres PIN: 08-29-15-15606-000-0141 08-29-15-00000-320-0200 08-29-15-17550-002-0012 Atlas Page: 267A & 276A City Marina Pier 60 Overnight Accom Overnight Accommodations Overnight Accommodations Overnight Accommodations Overnight Accommodations Overnight Accommodations Detached Dwellings Detached Dwellings Detached Dwellings Detached Dwellings Detached Dwellings Temporary City Parking Lot Temporary City Parking Lot Beach Beach Beach City Parking Lot Retail Sales Attachment number 10 Page 1 of 1 Resolution No. 09-23 RESOLUTION NO. 09-23 A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA APPROVING A DEVELOPMENT AGREEMENT BETWEEN THE CITY OF CLEARWATER AND DECADE COMPANIES INCOME PROPERTIES; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Clearwater is desirous of entering into a development agreement with Panorama on Clearwater Beach, LLC; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The Development Agreement between the City of Clearwater and Decade Companies Income Properties, a copy of which is attached as Exhibit “A,” is hereby approved. Section 2. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this _______ day of _____________, 2009. ____________________________ Frank V. Hibbard Mayor Approved as to form: Attest: __________________________ _____________________________ Leslie K. Dougall-Sides Cynthia E. Goudeau Assistant City Attorney City Clerk Attachment number 11 Page 1 of 1 Work Session Council Chambers - City Hall Meeting Date:8/17/2009 SUBJECT / RECOMMENDATION: Approve the Annexation, Initial Land Use Plan Designation of Residential Urban (RU) and Initial Zoning Atlas Designation of Low Medium Density Residential (LMDR) District for 2141 Alemanda Drive (Lot 93, Sunset Gardens in Section 24, Township 29 South, Range 15 East); and Pass Ordinances 8081-09, 8082-09 and 8083-09 on first reading.(ANX2009-06009) SUMMARY: This voluntary annexation petition involves a 0.14-acre property consisting of one parcel of land occupied by a single-family dwelling. It is located on the south side of Alemanda Drive, approximately 670 feet west of South Belcher Road. The applicant is requesting this annexation in order to receive solid waste service from the City. The property is located within an enclave and is contiguous to existing City boundaries to the east. It is proposed that the property be assigned a Future Land Use Plan designation of Residential Urban (RU) 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 property currently receives water service from Pinellas County. The closest sanitary sewer line is located in the adjacent Alemanda Drive right-of-way, and the applicant is aware of the additional costs to extend City sewer service to this property. The applicant has chosen not to connect to sanitary sewer at this time and is aware of the associated monthly fee. 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 47 located at 1460 Lakeview 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 A.6.4: Due to the built-out character of the City of Clearwater, compact urban development within the urban service area shall be promoted through application of the Clearwater Community Development Code. Objective A.7.2 Diversify and expand the City’s tax base through the annexation of a variety of land uses located within the Clearwater Planning Area. Policy A.7.2.3 Continue to process voluntary annexations for single-family residential properties upon request. The proposed RU 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 7.5 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 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 Attachment number 1 Page 1 of 7 Attachment number 1 Page 2 of 7 Attachment number 1 Page 3 of 7 S:\Planning Department\C D B\Annexations\ANX - 2009\ANX2009-06009 - 2141 Alemanda Drive - Drysdale\Maps\ANX2009-06009 FUTURE LAND USE MAP.Doc I RU RU RH RU CG P 1444 1 4 4 4 21 6 0 21 7 0 21 5 4 21 6 4 21 1 0 21 4 0 21 2 0 21 2 4 21 4 4 21 5 0 21 3 4 21 1 4 21 7 4 21 3 0 21 8 0 21 2 7 21 6 7 21 7 7 21 1 7 21 8 1 21 8 3 21 5 7 21 4 7 21 3 1 21 1 1 21 5 1 21 2 1 21 7 1 21 4 1 21 3 7 21 6 1 1432 1430 21 9 8 21 7 8 21 2 8 21 7 2 21 5 8 21 3 8 21 1 8 21 4 8 21 6 8 21 8 2 21 8 8 21 9 2 21 5 2 21 3 2 21 6 2 21 2 2 21 4 2 21 1 2 21 7 6 21 6 0 21 9 0 21 2 0 21 4 0 21 5 0 21 3 0 21 1 6 21 8 6 21 1 0 21 5 6 21 3 6 21 4 6 21 6 6 21 2 6 21 0 8 21 8 0 21 7 0 1400 21 7 1 21 9 1 21 5 1 21 6 1 21 4 7 21 8 7 21 5 7 21 3 1 21 7 7 21 2 1 21 8 1 21 9 7 21 6 7 21 1 7 21 2 7 21 1 1 21 3 7 1 4 3 2 1 4 5 0 1 4 3 8 1426 1412 1420 1400 1406 1370 1458 S B E L C H E R R D ALEMANDA DR BARCELONA DR P O I N C I A N A D R 1446 21 4 1 21 0 0 1460 -N o t t o S c a l e - -N o t a S u r v e y - FUTURE LAND USE MAP Owner Iracema V. Drysdale Case: ANX2009-06009 Site: 2141 Alemanda Drive Property Size (Acres): 0.143 Land Use Zoning PIN: 24-29-15-87696-000-0930 From : To: RU (County) R-3 (County) RU (City) LMDR (City) Atlas Page: 316B RU Attachment number 1 Page 4 of 7 Attachment number 1 Page 5 of 7 Attachment number 1 Page 6 of 7 ANX2009-06009 Drysdale, Iracema V. 2141 Alemanda Drive View looking south at the subject property, 2141 Alemanda Drive Property to the west of the subject property Property to the east of the subject property Property to the north (across the street) of the subject property View looking easterly along Alemanda Drive View looking westerly along Alemanda Drive Attachment number 1 Page 7 of 7 Ordinance No. 8081-09 ORDINANCE NO. 8081-09 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTY LOCATED ON THE SOUTH SIDE OF ALEMANDA DRIVE, APPROXIMATELY 670 FEET WEST OF SOUTH BELCHER ROAD, CONSISTING OF LOT 93, SUNSET GARDENS, WHOSE POST OFFICE ADDRESS IS 2141 ALEMANDA DRIVE, INTO THE CORPORATE LIMITS OF THE CITY, AND REDEFINING THE BOUNDARY LINES OF THE CITY TO INCLUDE SAID ADDITION; PROVIDING AN EFFECTIVE DATE. WHEREAS, the owner of the real property described herein and depicted on the map attached hereto as Exhibit A has petitioned the City of Clearwater to annex the property into the City pursuant to Section 171.044, Florida Statutes, and the City has complied with all applicable requirements of Florida law in connection with this ordinance; now, therefore, BE IT ORDAINED BY THE CITY 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 93, Sunset Gardens, according to the map or plat thereof, as recorded in Plat Book 41, Page 6, Public Records of Pinellas County, Florida (ANX2009-06009) 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 ________________________________ Frank V. Hibbard Mayor Approved as to form: Attest: ___________________________ ____________________________________ Leslie K. Dougall-Sides Cynthia E. Goudeau Assistant City Attorney City Clerk Attachment number 2 Page 1 of 1 Ordinance No. 8082-09 ORDINANCE NO. 8082-09 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 SOUTH SIDE OF ALEMANDA DRIVE, APPROXIMATELY 670 FEET WEST OF SOUTH BELCHER ROAD, CONSISTING OF LOT 93, SUNSET GARDENS, WHOSE POST OFFICE ADDRESS IS 2141 ALEMANDA DRIVE, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS RESIDENTIAL URBAN (RU) PROVIDING AN EFFECTIVE DATE. WHEREAS, the amendment to the future land use plan element of the comprehensive plan of the City as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's comprehensive plan; now, therefore, BE IT ORDAINED BY THE CITY 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 93, Sunset Gardens, according to the map or Residential Urban (RU) plat thereof, as recorded in Plat Book 41, Page 6 Public Records of Pinellas County, Florida (ANX2009-06009) 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. 8081-09. 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 Attachment number 3 Page 1 of 1 Ordinance No. 8083-09 ORDINANCE NO. 8083-09 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY ZONING CERTAIN REAL PROPERTY LOCATED ON THE SOUTH SIDE OF ALEMANDA DRIVE, APPROXIMATELY 670 FEET WEST OF SOUTH BELCHER ROAD, CONSISTING OF LOT 93, SUNSET GARDENS, WHOSE POST OFFICE ADDRESS IS 2141 ALEMANDA DRIVE, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS LOW MEDIUM DENSITY RESIDENTIAL (LMDR); PROVIDING AN EFFECTIVE DATE. WHEREAS, the assignment of a zoning district classification as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's comprehensive plan; now, therefore, BE IT ORDAINED BY THE CITY 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 93, Sunset Gardens, according to the map Low Medium Density or plat thereof, as recorded in Plat Book 41, Page Residential 6, Public Records of Pinellas County, Florida (LMDR) (ANX2009-06009) 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. 8081-09. 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 Attachment number 4 Page 1 of 1 Work Session Council Chambers - City Hall Meeting Date:8/17/2009 SUBJECT / RECOMMENDATION: Approve amendments to the Community Development Code to bring consistency between the Countywide Plan Rules and the Community Development Code, and to address off-street parking for overnight accommodations in the Tourist District, docks, site visibility triangles, site lighting, design standards for parking lots and parking garages, off-street loading and vehicle stacking spaces, hearing officer appeals, and transfer of development rights, and pass Ordinance 8043-09 on first reading. (TA2009-01002) SUMMARY: At the City Council Work Session of July 13, 2009, concerns were raised pertaining to amendments to Community Development Code Section 3-601 concerning docks, as proposed in Ordinance 8043-09. This item was continued by the City Council at its July 16, 2009 meeting with the request that staff incorporate a maximum length limitation within the proposed amendments for docks. The ordinance has been revised to reflect the Council’s recommendation. Major changes to Ordinance 8043-09 include: Docks, boatlifts and service catwalks that serve single-family or two-family dwellings: * Establishes maximum length of 250 feet and limits the distance tie poles can project beyond docks (Section 3-601.C.1.b). * Creates two-tier approach to deviations, including requirement that any request for deviation to the 250 foot maximum be considered by the Community Development Board, and only under certain conditions including environmental constraints (Section 3- 601.C.1.g). * Exempts properties on the east side of Clearwater Harbor adjacent to the mainland from certain deviation limits because of shallow water depths in the area (Section 3-601-C.1.g.iv). Commercial Docks: * Establishes maximum length of 250 feet and limits the distance tie poles can project beyond docks (Section 3-601.C.3.h.ii). * Includes additional requirements for deviation requests, such as incorporating language similar to the County’s variance criteria (Section 3-601-C.3.i). * Exempts properties on the east side of Clearwater Harbor adjacent to the mainland from certain deviation limits because of shallow water depths in the area (Section 3-601-C.3.i.vi). The Community Development Board will review the proposed amendments at its regularly scheduled meeting of August 18, 2009 and make a recommendation to the Council. The Planning Department will report the recommendation at the City Council meeting. Review Approval:1) Legal 2) Clerk 3) Assistant City Manager 4) Clerk 5) City Manager 6) Clerk Cover Memo - 1 - Ordinance No. 8043-09 ORDINANCE NO. 8043-09 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA MAKING AMENDMENTS TO THE COMMUNITY DEVELOPMENT CODE BY AMENDING ARTICLE 1, “GENERAL PROVISIONS”, BY ADDING A NEW SUBSECTION 1-109.D TO PROVIDE FOR CONSISTENCY BETWEEN THE ZONING ATLAS AND THE FUTURE LAND USE PLAN AND COUNTYWIDE LAND USE PLAN MAP; BY AMENDING ARTICLE 2, “ZONING DISTRICTS”, “CHART 2-100 PERMITTED USES”; BY AMENDING ARTICLE 2, “ZONING DISTRICTS”, SECTIONS 2-101.1, 2- 201.1, 2-301.1, 2-401.1, 2-501.1, 2-601.1, 2-701.1, 2-801.1, 2-901.1, 2- 1001.1, 2-1201.1, 2-1301.1, 2-1303.D, 2-1401.1, AND 2-1501.1, “MAXIMUM DEVELOPMENT POTENTIAL”, TO PROVIDE FURTHER CONSISTENCY WITH THE RULES CONCERNING THE ADMINISTRATION OF THE COUNTYWIDE FUTURE LAND USE PLAN, AS AMENDED FROM TIME TO TIME; BY AMENDING ARTICLE 2, “ZONING DISTRICTS”, SECTION 2-802, “TABLE 2-802”, AND SECTION 2-803, “TABLE 2-803” TO MODIFY THE OFF-STREET PARKING REQUIREMENTS FOR OVERNIGHT ACCOMMODATIONS, AND AMENDING SUBSECTION 2-803.I, “OVERNIGHT ACCOMMODATIONS”, TO MODIFY THE FLEXIBILITY CRITERIA FOR SAME; BY AMENDING ARTICLE 2, “ZONING DISTRICTS”, SECTION 2- 1203, “TABLE 2-1203”, TO REMOVE THE OUTDOOR RECREATION/ENTERTAINMENT USE AND TO DELETE SUBSECTION 2-1203.G., “OUTDOOR RECREATION/ ENTERTAINMENT” IN ITS ENTIRETY; BY AMENDING ARTICLE 2, “ZONING DISTRICTS”, SECTIONS 2-1302, “TABLE 2-1302”, AND 2-1303, “TABLE 2-1303”, TO LIMIT MANUFACTURING AND TO UPDATE THE SIZE RESTRICTIONS ON RESTAURANTS IN THE INDUSTRIAL LIMITED LAND USE PLAN MAP CATEGORY, AND TO LIMIT OFFICE AND VEHICLE SERVICE USES IN THE INDUSTRIAL GENERAL LAND USE PLAN MAP CATEGORY, AND TO LIMIT VEHICLE SALES/DISPLAYS, MAJOR VEHICLE SALES/DISPLAYS, AND VEHICLE SERVICE USES IN THE INDUSTRIAL LIMITED AND INDUSTRIAL GENERAL LAND USE PLAN MAP CATEGORIES, AND TO UPDATE THE SIZE RESTRICTIONS ON UTILITY/INFRASTRUCTURE USES, AND MAKING MINOR EDITORIAL CHANGES; BY AMENDING ARTICLE 2, “ZONING DISTRICTS”, SECTION 2-1403, “FLEXIBLE STANDARD DEVELOPMENT”, “TABLE 2- 1403”, TO REMOVE THE PUBLIC TRANSPORTATION FACILITIES USE, AND DELETING SUBSECTION 2-1403.D. IN ITS ENTIRETY, AND AMENDING SUBSECTION 2-1403.B, “OUTDOOR RECREATION/ ENTERTAINMENT”, TO MODIFY THE FLEXIBILITY CRITERIA FOR THE SAME; BY AMENDING ARTICLE 2, “ZONING DISTRICTS”, SECTION 2-1502, “FLEXIBLE STANDARD DEVELOPMENT”, “TABLE 2- 1502”, TO REMOVE THE OUTDOOR RECREATION/ENTERTAINMENT USE, AND DELETING SUBSECTION 2-1502.B. IN ITS ENTIRETY; BY AMENDING ARTICLE 3, “DEVELOPMENT STANDARDS”, SECTION 3- 601, “DOCKS”, TO ESTABLISH MAXIMUM LENGTH STANDARDS FOR Attachment number 1 Page 1 of 38 - 2 - Ordinance No. 8043-09 NEW DOCKS AND TIE POLES, AND TO CREATE ADDITIONAL REQUIREMENTS FOR DEVIATIONS, AND MAKING MINOR EDITORIAL CHANGES; BY AMENDING ARTICLE 3, “DEVELOPMENT STANDARDS”, SECTION 3-902, “COMPREHENSIVE PLAN DENSITIES/INTENSITIES”, TO FURTHER RESTRICT THE USE OF SUBMERGED LANDS IN CALCULATIONS; BY AMENDING ARTICLE 3, “DEVELOPMENT STANDARDS”, SECTION 3-904, “SIGHT VISIBILITY TRIANGLE”, TO MAKE CONSISTENT THE APPLICATION OF SIGHT VISIBILITY TRIANGLE REQUIREMENTS AND TO REPLACE EXISTING GRAPHICS; BY AMENDING ARTICLE 3, “DEVELOPMENT STANDARDS”, SECTION 3-907, “VEGETATIVE BUFFER ADJACENT TO PRESERVATION DISTRICT OR JURISDICTIONAL WETLANDS”, TO RENAME THE SECTION, AND AMENDING THE BUFFERING REQUIREMENTS FOR LANDS LOCATED ADJACENT TO TRANSPORTATION/UTILITY FUTURE LAND USE CATEGORY, AND MAKING MINOR EDITORIAL CHANGES; BY AMENDING ARTICLE 3, “DEVELOPMENT STANDARDS”, SECTION 3-1302, “SITE LIGHTING”, TO REPLACE EXISTING GRAPHICS, AND TO ELIMINATE SUBSECTION 3-1302.D, “SEA TURTLE NESTING AREAS” IN ITS ENTIRETY, AND ADOPT A NEW SUBSECTION 3-1302.D, “SEA TURTLE NESTING AREAS” SETTING FORTH PROVISIONS FOR LIGHTING STANDARDS ON CLEARWATER BEACH AND SAND KEY, AND MAKING MINOR EDITORIAL CHANGES ; BY AMENDING ARTICLE 3, “DEVELOPMENT STANDARDS”, SUBSECTION 3-1402.I, TO EXPAND THE DESIGN REQUIREMENTS FOR PARKING GARAGES; BY AMENDING ARTICLE 3, “DEVELOPMENT STANDARDS”, SUBSECTION 3-1406.B, TO ELIMINATE MINIMUM DISTANCE STANDARDS BETWEEN RIGHTS-OF-WAY AND THE FIRST PARKING SPACE OR AISLEWAY IN A PARKING LOT; BY AMENDING ARTICLE 4, “DEVELOPMENT REVIEW AND OTHER PROCEDURES”, SECTION 4-505, “HEARING OFFICER APPEALS”, TO UPDATE THE METHOD OF RECORDING FROM THE COMMUNITY DEVELOPMENT BOARD MEETINGS AND TO CHANGE TIME PERIOD FOR FILING MOTIONS TO SUPPLEMENT THE RECORD; BY AMENDING ARTICLE 4, “DEVELOPMENT REVIEW AND OTHER PROCEDURES”, SECTION 4-1402, “ALLOCATED DEVELOPMENT RIGHTS ARE FREELY TRANSFERABLE”, TO ADDRESS DENSITY, INTENSITY AND CONSISTENCY WITH THE COUNTYWIDE PLAN MAP AND RULES; BY AMENDING ARTICLE 4, “DEVELOPMENT REVIEW AND OTHER PROCEDURES”, SECTION 4-1403, “USE OF TRANSFERRED DEVELOPMENT RIGHTS”, TO ESTABLISH ADDITIONAL CRITERIA FOR TRANSFERRED DEVELOPMENT RIGHTS; BY AMENDING SECTION 8-102, “DEFINITIONS”, BY MODIFYING THE DEFINITIONS FOR FLOOR AREA RATIO, RETAIL SALES AND SERVICES AND VEHICLE SALES/DISPLAYS, AND ADDING DEFINITIONS FOR BEACH ACCESS POINT, CLEARWATER BEACH, DEFLECTED LIGHT, GROSS LAND AREA, AND SAND KEY; CERTIFYING CONSISTENCY WITH THE CITY’S COMPREHENSIVE PLAN AND PROPER ADVERTISEMENT; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. Attachment number 1 Page 2 of 38 - 3 - Ordinance No. 8043-09 WHEREAS, the City of Clearwater adopted a new Community Development Code on January 21, 1999 which was effective on March 8, 1999, and WHEREAS, since the effective date of the new Community Development Code, the City of Clearwater has reviewed numerous development proposals in all of the new zoning districts in all parts of the City that utilize the Minimum Standard, Flexible Standard and Flexible levels of review, and WHEREAS, the City of Clearwater has determined where the Community Development Code needs clarification and revision, and WHEREAS, the City of Clearwater desires for the Community Development Code to function effectively and equitably throughout the City, now therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. That Article 1, “General Provisions”, Section 1-109, “Zoning atlas”, of the Community Development Code, be, and the same is hereby amended to add a new subsection D, “Consistency”, as follows: Section 1-109. Zoning atlas. *********** D. Consistency. The Zoning Atlas of the City of Clearwater shall be consistent with the City Future Land Use Plan and the provisions of the Countywide Future Land Use Map. Section 2. That Article 2, Zoning Districts, “CHART 2-100 Permitted Uses”, of the Community Development Code, be, and the same is hereby amended to read as follows: CHART 2-100 PERMITTED USES Use Categories LDR LMDR MDR MHDR HDR MHP C T D O I IRT OSR P CRNCOD IENCOD Residential Accessory dwellings X X X X X X Attached dwellings X X X X X X X Community residential homes X X X X X X X X Detached dwellings X X X X X X X X Mobile homes X Mobile home parks X Residential infill projects X X X X X X X Nonresidential Adult uses X X Airport X Alcoholic beverage sales X X X Attachment number 1 Page 3 of 38 - 4 - Ordinance No. 8043-09 Animal grooming and or boarding X X X Assisted living facilities X X X X Automobile service stations X X Cemeteries X Comprehensive infill redevelopment project (CIRP) X X X X X X X Congregate care X X X X Convention center X Educational facilities X X X X Governmental uses X X X X X X Halfway houses X Hospitals X Indoor recreation/entertainment X X X X Light assembly X Manufacturing X Marinas X Marinas and marina facilities X X X X Medical clinic X X X X Mixed use X X X X Nightclubs, taverns and bars X X X X Non-residential off-street parking X X X X Nursing homes X X X X Offices X X X X X X Off-street parking X X Open space X Outdoor recreation/entertainment X X X X X X Outdoor retail sales, display and/or storage X X Overnight accommodations X X X X X X X X X Parking garages and lots X X X X X X Parks and recreation facilities X X X X X X X X X X X X Places of worship X X X X Problematic uses X Public facility X X Publishing and printing X Public transportation facilities X X X X X X X X Research and technology use X Residential shelters X X X Restaurants X X X X X X Retail sales and services X X X X X X X X RV parks X Salvage yards X Schools X X X X X X X Self-storage warehouse X X Sidewalk vendors X X Attachment number 1 Page 4 of 38 - 5 - Ordinance No. 8043-09 Social and community centers X X X X Social/public service agencies X X X X Telecommunications towers X X X X X TV/radio studios X X Utility/infrastructure facilities X X X X X X X X X X X X X X X Vehicle sales/displays X X Vehicle sales/displays, limited X X Vehicle sales/displays, major X Vehicle service X Vehicle service, limited X Vehicle service, major X Veterinary offices X X X X Wholesale/distribution/warehouse facility X Section 3. That Article 2, “Zoning Districts”, Division 1, “Low Density Residential District (“LDR”)”, Section 2-101.1, “Maximum development potential”, of the Community Development Code, be, and the same is hereby amended to read as follows: Section 2-101.1. Maximum development potential. The Low Density Residential District ("LDR") may be located in more than one land use category. It is the intent of the LDR District that development be consistent with the Countywide Future Land Use Plan as required by state law. The uses and development potential of a parcel of land within the LDR District shall be determined by the standards found in this Development Code as well as the Countywide Future Land Use Designation of the property, including any acreage or floor area restrictions set forth in the Rules Concerning the Administration of the Countywide Future Land Use Plan, as amended from time to time. Development potential for the Countywide Future Land Use Designations that apply to the LDR District are as follows: Countywide Future Land Use Designation Maximum Dwelling Units per Acre of Land Maximum Floor Area Ratio/Impervious Surface Ratio Residential Estate 1 dwelling unit per acre FAR .30/ISR .60 Residential Suburban 2.5 dwelling units per acre FAR .30/ISR .60 Residential Low 5 dwelling units per acre FAR .40/ISR .65 Section 4. That Article 2, “Zoning Districts”, Division 2, “Low Medium Density Residential District (“LMDR”)”, Section 2-201.1, “Maximum development potential”, of the Community Development Code, be, and the same is hereby amended to read as follows: Attachment number 1 Page 5 of 38 - 6 - Ordinance No. 8043-09 Section 2-201.1. Maximum development potential. The Low Medium Density Residential District ("LMDR") may be located in more than one land use category. It is the intent of the LMDR District that development be consistent with the Countywide Future Land Use Plan as required by State law. The uses and development potential of a parcel of land within the LMDR District shall be determined by the standards found in this Development Code as well as the Countywide Future Land Use Designation of the property, including any acreage or floor area restrictions set forth in the Rules Concerning the Administration of the Countywide Future Land Use Plan, as amended from time to time. Development potential for the Countywide Future Land Use Designations that apply to the LMDR District are as follows: Countywide Future Land Use Designation Maximum Dwelling Units per Acre of Land Maximum Floor Area Ratio/Impervious Surface Ratio Residential Low 5 dwelling units per acre FAR .40/ISR .65 Residential Urban 7.5 dwelling units per acre FAR .40/ISR .65 Section 5. That Article 2, “Zoning Districts”, Division 3, “Medium Density Residential District (“MDR”)”, Section 2-301.1, “Maximum development potential”, of the Community Development Code, be, and the same is hereby amended to read as follows: Section 2-301.1. Maximum development potential. The Medium Density Residential District ("MDR") may be located in more than one land use category. It is the intent of the MDR District that development be consistent with the Countywide Future Land Use Plan as required by State law. The uses and development potential of a parcel of land with the MDR District shall be determined by the standards found in this Development Code as well as the Countywide Future Land Use Designation of the property, including any acreage or floor area restrictions set forth in the Rules Concerning the Administration of the Countywide Future Land Use Plan, as amended from time to time. Development potential for the County wide Future Land Use Designations that apply to the MDR District are as follows: Countywide Future Land Use Designation Maximum Dwelling Units per Acre of Land Maximum Floor Area Ratio/Impervious Surface Ratio Residential Urban 7.5 dwelling units per acre FAR .40/ISR .65 Residential Low Medium 10 dwelling units per acre FAR .50/ISR .75 Residential Medium 15 dwelling units per acre FAR .50/ISR .75 Residential/Office General 15 dwelling units per acre FAR .50/ISR .75 Residential/Office/Retail 18 dwelling units per acre FAR .40/ISR .85 Attachment number 1 Page 6 of 38 - 7 - Ordinance No. 8043-09 Section 6. That Article 2, “Zoning Districts”, Division 4, “Medium High Density Residential District (“MHDR”)”, Section 2-401.1, “Maximum development potential”, of the Community Development Code, be, and the same is hereby amended to read as follows: Section 2-401.1. Maximum development potential. The Medium High Density Residential District ("MHDR") may be located in more than one land use category. It is the intent of the MHDR District that development be consistent with the Countywide Future Land Use Plan as required by state law. The uses and development potential of a parcel of land within the MHDR District shall be determined by the standards found in this Development Code as well as the Countywide Future Land Use Designation of the property, including any acreage or floor area restrictions set forth in the Rules Concerning the Administration of the Countywide Future Land Use Plan, as amended from time to time. Development potential for the Countywide Future Land Use Designations that apply to the MHDR District are as follows: Countywide Future Land Use Designation Maximum Dwelling Units per Acre of Land Maximum Floor Area Ratio/Impervious Surface Ratio Residential Medium 15 dwelling units per acre FAR .50/ISR .75 Residential High 30 dwelling units per acre FAR .60/ISR .85 Section 7. That Article 2, “Zoning Districts”, Division 5, “High Density Residential District (“HDR”)”, Section 2-501.1, “Maximum development potential”, of the Community Development Code, be, and the same is hereby amended to read as follows: Section 2-501.1. Maximum development potential. The High Density Residential District ("HDR") may be located in more than one land use category. It is the intent of the HDR District that development be consistent with the Countywide Future Land Use Plan as required by state law. The uses and development potential of a parcel of land within the HDR District shall be determined by the standards found in this Development Code as well as the Countywide Future Land Use Designations of the property, including any acreage or floor area restrictions set forth in the Rules Concerning the Administration of the Countywide Future Land Use Plan, as amended from time to time. Development potential for the Countywide Future Land Use Designations that apply to the HDR District as follows: Countywide Future Land Use Designation Maximum Dwelling Units per Acre of Land Maximum Floor Area Ratio/Impervious Surface Ratio Residential High 30 dwelling units per acre FAR .60/ISR .85 Resort Facilities High 30 dwelling units per acre FAR 1.0/ISR .95 Attachment number 1 Page 7 of 38 - 8 - Ordinance No. 8043-09 Section 8. That Article 2, “Zoning Districts”, Division 6, “Mobile Home Park District (“MHP”)”, Section 2-601.1, “Maximum development potential”, of the Community Development Code, be, and the same is hereby amended to read as follows: Section 2-601.1. Maximum development potential. The Mobile Home Park District ("MHP") may be located in more than one land use category. It is the intent of the MHP District that development be consistent with the Countywide Future Land Use Plan as required by State law. The uses and development potential of a parcel of land within the MHP District shall be determined by the standards found in this Development Code as well as the Countywide Future Land Use Designation of the property, including any acreage or floor area restrictions set forth in the Rules Concerning the Administration of the Countywide Future Land Use Plan, as amended from time to time. Development potential for the Countywide Future Land Use Designations that apply to the MHP District are as follows: Countywide Future Land Use Designation Maximum Dwelling Units per Acre of Land Maximum Floor Area Ratio/Impervious Surface Ratio Residential Low Medium 10 dwelling units per acre FAR .50/ISR .75 Section 9. That Article 2, “Zoning Districts”, Division 7, “Commercial District (“C”)”, Section 2-701.1, “Maximum development potential”, of the Community Development Code, be, and the same is hereby amended to read as follows: Section 2-701.1. Maximum development potential. The Commercial District ("C") may be located in more than one land use category. It is the intent of the C District that development be consistent with the Countywide Future Land Use Plan as required by State law. The uses and development potential of a parcel of land within the C District shall be determined by the standards found in this Development Code as well as the Countywide Future Land Use Designation of the property, including any acreage or floor area restrictions set forth in the Rules Concerning the Administration of the Countywide Future Land Use Plan, as amended from time to time. Development potential for the Countywide Future Land Use Designations that apply to the C District are as follows: Countywide Future Land Use Designation Maximum Dwelling Units per Acre of Land Maximum Floor Area Ratio/ Impervious Surface Ratio Overnight Accommodations Units per Acre Commercial Neighborhood 10 dwelling units per acre FAR .40/ISR .80 N/A Commercial Limited 18 dwelling units per acre FAR .45/ISR .85 30 units per acre Commercial General 24 dwelling units per acre FAR .55/ISR .90 40 units per acre Residential/Office/Retail 18 dwelling units per acre FAR .40/ISR .85 30 units per acre Resort Facilities High 30 dwelling units per acre FAR 1.0/ISR .95 50 units per acre Attachment number 1 Page 8 of 38 - 9 - Ordinance No. 8043-09 Section 10. That Article 2, “Zoning Districts”, Division 8, “Tourist District (“T”)”, Section 2-801.1, “Maximum development potential”, of the Community Development Code, be, and the same is hereby amended to read as follows: Section 2-801.1. Maximum development potential. The Tourist District ("T") may be located in more than one land use category. It is the intent of the T District that development be consistent with the Countywide Future Land Use Plan as required by state law. The uses and development potential of a parcel of land within the T District shall be determined by the standards found in this Development Code as well as the Countywide Future Land Use Designation of the property, including any acreage or floor area restrictions set forth in the Rules Concerning the Administration of the Countywide Future Land Use Plan, as amended from time to time. For those parcels within the T District that have an area within the boundaries of and governed by a special area plan approved by the City Council and the countywide planning authority, maximum development potential shall be as set forth for each classification of use and location in the approved plan. Development potential for the Countywide Future Land Use Designations that apply to the T District are as follows: Countywide Future Land Use Designation Maximum Dwelling Units per Acre of Land Maximum Floor Area Ratio/ Impervious Surface Ratio Maximum Overnight Accommodations Units Per Acre * Overnight Accommodations (Base) Overnight Accommodations (Alternative) Non- Residential Uses Base Alternative Resort Facilities High 30 dwelling units per acre FAR 1.0/ISR .95 FAR 2.0/ISR .95 FAR 3.0/ISR .95 FAR 4.0/ISR .95 FAR 1.0/ISR .95 50 Less than one acre: 70 Between one acre and three acres: 90 Greater than three acres: 110 * Or as set forth in Beach by Design: A Preliminary Design for Clearwater Beach and Design Guidelines, the special area plan governing Clearwater Beach adopted by Ord. No. 6689-01 and as amended. Section 11. That Article 2, “Zoning Districts”, Division 8, “Tourist District (“T”)”, Section 2-802, “Table 2-802”, of the Community Development Code, be, and the same is hereby amended to read as follows: Table 2-802. "T" District Flexible Standard Development Standards Use (1) Min. Lot Area (sq. ft.) Min. Lot Width (ft.) Max. Height (1) (ft.) Min. Setbacks (ft.) (1) Density Min. Off-Street Parking Front Side Rear Accessory Dwellings n/a n/a n/a n/a n/a n/a 30 units/acre 1/unit Alcoholic Beverage Sales 5,000 50 35 10-- 15 10 20 n/a 5 per 1,000 GFA Attachment number 1 Page 9 of 38 - 10 - Ordinance No. 8043-09 Attached Dwellings 10,000 100 35--50 10-- 15 10 10-- 20 30 units/acre 2 per unit Governmental Uses (2) 10,000 100 35--50 10-- 15 0-- 10 10-- 20 n/a 3--4/1,000 GFA Indoor Recreation/Entertainment 5,000 50 35-- 100 0--15 0-- 10 20 n/a 10 per 1,000 GFA Medical Clinic 10,000 100 30--50 10-- 15 10 20 20 2--3/1,000 GFA Mixed Use 10,000 50-- 100 35--50 0--15 0-- 10 10-- 20 30 units/acre Based upon use requirements Nightclubs 5,000 50 35 15 10 20 n/a 10 per 1,000 GFA Non-Residential Off-Street Parking n/a n/a n/a 25 5 10 n/a n/a Offices 10,000 100 35--50 10-- 15 0-- 10 10-- 20 n/a 3--4 spaces per 1,000 GFA Outdoor Recreation/Entertainment 5,000 50 35 10-- 15 10 20 n/a 2.5 spaces per 1,000 sq. ft. of lot area or as determined by the community development director based on ITE Manual standards Overnight Accommodations 20,000 100- -150 35--50 10-- 15 0-- 10 10-- 20 40 rooms/acre 1.2 1 per unit Parking Garages and Lots 20,000 100 50 15-- 25 10 10-- 20 n/a n/a Parks and Recreation Facilities n/a n/a 50 25 10 20 n/a 1 per 20,000 SF land area or as determined by the community development coordinator based on ITE Manual standards Public Transportation Facilities (3) n/a n/a 10 n/a n/a n/a n/a n/a Restaurants 5,000-- 10,000 50-- 100 25--35 10-- 15 0-- 10 10-- 20 n/a 7-15 spaces per 1,000 GFA Retail Sales and Services 5,000-- 10,000 50-- 100 35--50 10-- 15 0-- 10 10-- 20 n/a 4--5 spaces per 1,000 GFA Sidewalk Vendors n/a n/a n/a n/a n/a n/a n/a n/a Social and Community Center 5,000-- 10,000 50-- 100 35--50 10-- 15 0-- 10 10-- 20 n/a 4--5 spaces per 1,000 GFA Utility/Infrastructure Facilities (4) n/a n/a n/a 25 10 10 n/a n/a (1) Specific standards for the Old Florida District and the Marina District that supersede the above regulations are set forth in Beach by Design: A Preliminary Design for Clearwater Beach and Design Guidelines. (2) Governmental uses shall not exceed five acres. Any such use, alone or when added to contiguous like uses which exceed five acres shall require a land use plan map amendment to Institutional which shall include such uses and all contiguous like uses. (3) Public transportation facilities shall not exceed three acres. Any such use, alone or when added to contiguous like uses which exceed three acres shall require a land use plan map amendment to Transportation/Utility which shall include such uses and all contiguous like uses. Attachment number 1 Page 10 of 38 - 11 - Ordinance No. 8043-09 (4) Utility/infrastructure uses shall not exceed three acres. Any such use, alone or when added to contiguous like uses which exceed three acres shall require a land use plan map amendment to Transportation/Utility which shall include such uses and all contiguous like uses. *********** Section 12. That Article 2, “Zoning Districts”, Division 8, “Tourist District (“T”)”, Section 2-803, “Flexible development”, of the Community Development Code, be, and the same is hereby amended to read as follows: Section 2-803. Flexible development. The following uses are Level Two permitted uses permitted in the Tourist "T" District subject to the standards and criteria set out in this section and other applicable provisions of Article 3. Table 2-803. "T" Flexible Development Standards Use (1) Min. Lot Area (sq. ft.) Min. Lot Width (ft.) Max. Height (ft.) (1) Min. Front (ft.)(1) Min. Side (ft.) (1) Min. Rear (ft.) (1) Density Min. Off-Street Parking Alcoholic Beverage Sales 5,000 50 35-- 100 0--15 0--10 10--20 n/a 5 per 1,000 GFA Attached Dwellings 5,000-- 10,000 50-- 100 35-- 100 0--15 0--10 10--20 30 units/acre 2 per unit Comprehensive Infill Redevelopment Project n/a n/a n/a n/a n/a n/a 30 units/acre; 40 rooms/acre 2 spaces per attached dwelling unit and as determined by the community development coordinator for all other uses based on the specific use and/or ITE Manual standards Limited Vehicle Sales and Display 5,000 50 35-- 100 0--15 0--10 10--20 n/a 4--5 spaces per 1,000 GFA Marinas and Marina Facilities 5,000 50 25 10-- 15 0--10 10--20 n/a 1 space per 2 slips Mixed Use 5,000-- 10,000 50-- 100 35-- 100 0--15 0--10 0--20 30 units/acre Based upon use requirements Nightclubs 5,000 50 35-- 100 0--15 0--10 10--20 n/a 10 per 1,000 GFA Offices 10,000 100 35-- 100 0--15 0--10 10--20 n/a 3--4 spaces per 1,000 GFA Outdoor Recreation/Entertainment 5,000 50 35 5--15 0--10 10--20 n/a 2.5 spaces per 1,000 SQ FT of lot area or as determined by the community development coordinator based on ITE Manual Attachment number 1 Page 11 of 38 - 12 - Ordinance No. 8043-09 standards Overnight Accommodations 10,000-- 20,000 100-- 150 35-- 100 0--15 0--10 0--20 40 rooms/acre 1-1.2 per unit Restaurants 5,000-- 10,000 50-- 100 25-- 100 0--15 0--10 10--20 n/a 7--15 spaces per 1,000 GFA Retail sales and services 5,000-- 10,000 50-- 100 35-- 100 0--15 0--10 10--20 n/a 4--5 spaces per 1,000 GFA (1) Specific standards for the Old Florida District and the Marina District that supersede the above regulations are set forth in Beach by Design: A Preliminary Design for Clearwater Beach and Design Guidelines. *********** I. Overnight accommodations. *********** 6. Off-street parking: a. The proposed development contains no more than 130 rooms; and b. The proposed development is within 1,000 feet of an existing public parking garage with documented available capacity. 76. The design of all buildings shall comply with the Tourist District site and architectural design guidelines in Section 3-501, as applicable; 87. Lot area and/or width: The reduction shall not result in a building which is out of scale with existing buildings in the immediate vicinity; 98. The parcel proposed for development shall, if located within the Coastal Storm Area, have a hurricane evacuation plan requiring the use close when a hurricane watch is posted; and 109. A development agreement must be approved by the City Council pursuant to F.S. §§ 163.3221--163.3243 and Community Development Code Section 4-606 if the development proposal exceeds the base density and/or base F.A.R. established for the underlying Future Land Use designation. The development agreement shall: a. Comply with all applicable requirements of the "Rules Concerning the Administration of the Countywide Future Land Use Plan" as they pertain to alternative density/intensity, and as amended from time to time; b. Be recorded with the Clerk of the Circuit Court pursuant to F.S. § 163.3239, with a copy filed with the Property Appraiser's Office, and a copy submitted to the PPC and CPA for receipt and filing within 14 days after recording; and c. Have its development limitations memorialized in a deed restriction, which shall be recorded in the Official Records of Pinellas County prior to the issuance of any building permit for the overnight accommodations use. *********** Section 13. That Article 2, “Zoning Districts”, Division 9, “Downtown District (“D”)”, Section 2-901.1, “Maximum development potential”, of the Community Development Code, be, and the same is hereby amended to read as follows: Attachment number 1 Page 12 of 38 - 13 - Ordinance No. 8043-09 Section 2-901.1. Maximum development potential. It is the intent of the Downtown District ("D") that development be consistent with the Countywide Future Land Use Plan as required by state law. The uses and development potential of a parcel of land within the D District shall be determined by the standards found in this Development Code as well as the Countywide Future Land Use Designation of the property. For those parcels within the D District that have a Future Land Use of Central Business District ("CBD"), maximum development potential shall be as set forth for each classification of use and location in the approved redevelopment plan. Section 14. That Article 2, “Zoning Districts”, Division 10, “Office District (“O”)”, Section 2-1001.1, “Maximum development potential”, of the Community Development Code, be, and the same is hereby amended to read as follows: Section 2-1001.1. Maximum development potential. The Office District ("O") may be located in more than one land use category. It is the intent of the O District that development be consistent with the Countywide Future Land Use Plan as required by state law. The uses and development potential of a parcel of land within the O District shall be determined by the standards found in this Development Code as well as the Countywide Future Land Use Designation of the property, including any acreage or floor area restrictions set forth in the Rules Concerning the Administration of the Countywide Future Land Use Plan, as amended from time to time. Development potential for the Countywide Future Land Use Designation that apply to the O District are as follows: Countywide Future Land Use Designation Maximum Dwelling Units per Acre of Land Maximum Floor Area Ratio/Impervious Surface Ratio Overnight Accommodations Units per Acre Residential/Office Limited 7.5 dwelling units per acre FAR .40/ISR .75 N/A Residential/Office General 15 dwelling units per acre FAR .50/ISR .75 N/A Residential/Office/Retail 18 dwelling units per acre FAR .40/ISR .85 30 units per acre Section 15. That Article 2, “Zoning Districts”, Division 12, “Institutional District (“I”)”, Section 2-1201.1, “Maximum development potential”, of the Community Development Code, be, and the same is hereby amended to read as follows: Section 2-1201.1. Maximum development potential. The Institutional District ("I") may be located in more than one land use category. It is the intent of the I District that development be consistent with the Countywide Future Land Use Plan as required by state law. The uses and development potential of a parcel of land within the I District shall be determined by the standards found in this Development Code as well as the Countywide Future Land Use Designation of the property, including any acreage or floor area restrictions set forth in the Rules Concerning the Administration of the Countywide Future Land Use Plan, as amended from time to time. Development potential for the Countywide Future Land Use Designations that apply to the I District are as follows: Attachment number 1 Page 13 of 38 - 14 - Ordinance No. 8043-09 Countywide Future Land Use Designation Maximum Dwelling Units per Acre of Land Maximum Floor Area Ratio/Impervious Surface Ratio Institutional 12.5 dwelling units per acre FAR .65/ISR .85 Transportation/Utility n/a FAR .70/ISR .90 *********** Section 16. That Article 2, “Zoning Districts”, Division 12, “Institutional District (“I”)”, Section 2-1203, “Flexible standard development”, of the Community Development Code, be, and the same is hereby amended to delete subsection G, “Outdoor Recreation/Entertainment”, and re-lettering the subsequent subsections as appropriate: Section 2-1203. Flexible standard development. The following uses are Level One permitted uses in the Institutional District subject to the standards and criteria set out in this section and other applicable provisions of Article 3. Table 2-1203. "I" District Flexible Standard Development Standards Use Min. Lot Area (sq. ft.) Min. Lot Width (ft.) Min. Setbacks (ft.) Max. Height (ft.) Min. Off-Street Parking Front Side Rear Accessory Dwellings n/a n/a n/a n/a n/a n/a 1/unit Airport n/a n/a n/a n/a n/a n/a n/a Educational Facilities 40,000 200 15-- 25 10 15-- 20 50 .5--1 per 2 students Halfway Houses 10,000 100 15-- 25 10 15-- 20 30 1 per 2 residents Hospitals 1--5 acres 100-- 250 15-- 25 10-- 25 15-- 25 50 1--2/bed Medical Clinic 20,000 100 15-- 25 10 20 30 5/1000 SF Outdoor Recreation/Entertainment 40,000 200 15-- 25 10 15-- 20 50 1--10/1,000 SF Land Area or as determined by the community development coordinator based on ITE Manual standards Parking Garages and Lots 20,000 100 15-- 25 10 15-- 20 50 n/a Places of Worship 20,000 100 15-- 25 10 15-- 20 50 .5--1 per 2 seats Public Transportation Facilities n/a n/a n/a n/a n/a 10 n/a Residential Shelters 10,000 100 15-- 25 10 15-- 20 30 1 per 2 residents Retail Sales and Service 10,000 100 15-- 25 10 15-- 20 50 5 per 1,000 SF GFA Attachment number 1 Page 14 of 38 - 15 - Ordinance No. 8043-09 Utility/Infrastructure Facilities(1) n/a n/a 15-- 25 10 15-- 20 n/a n/a Assisted Living Facilities 15,000-- 20,000 100 25 5 10 50 1 per 2 residents Nursing Homes 15,000 100-- 150 25 5 15 50 1 per 2 residents Social and Community Center 20,000 100 15-- 25 10 15-- 20 30--40 4--5 per 1,000 GFA Congregate Care 20,000 100 25 5 10 50 1 per 2 residents (1) Utility/infrastructure uses shall not exceed 3 acres. Any such use, alone or when added to contiguous like uses which exceed 3 acres shall require a land use plan map amendment to Transportation/Utility which shall include such uses and all contiguous like uses. *********** G. Outdoor recreation/entertainment. 1. The parcel proposed for development is not contiguous to a parcel of land which is designated as residential in the Zoning Atlas; 2. All signage is a part of a comprehensive sign program; 3. Sound amplification is designed and constructed to ensure that no amplified sound can be heard to the extent that the sound is recognizable in terms of the meaning of words or melody when wind conditions are less than ten miles per hour at a distance of more than 100 feet in all directions or when wind conditions are ten miles per hour or greater at a distance of more than 150 feet in all directions; 4. All outdoor lighting is designed and constructed so that no light falls directly on land other than the parcel proposed for development. 5. Off-street parking: The operational character of the outdoor recreation/entertainment use and the location of the parcel proposed for development is such that the likely use of the property will require fewer parking spaces per land area than otherwise required or that significant portions of the land will be used for passive or other non-parking demand-generating purposes. 6. Front setback: The reduction in front setback results in an improved site plan or improved design and appearance. *********** Section 17. That Article 2, “Zoning Districts”, Division 13, “Industrial, Research and Technology District (“IRT”), Section 2-1301.1, “Maximum development potential”, of the Community Development Code, be, and the same is hereby amended to read as follows: Section 2-1301.1. Maximum development potential. The Industrial, Research and Technology District ("IRT") may be located in more than one land use category. It is the intent of the IRT District that development be consistent with the Countywide Future Land Use Plan as required by State law. The uses and development potential of a parcel of land within the IRT District shall be determined by the standards found in this Development Code as well as the Countywide Future Land Use Designation of the property, Attachment number 1 Page 15 of 38 - 16 - Ordinance No. 8043-09 including any acreage or floor area restrictions set forth in the Rules Concerning the Administration of the Countywide Future Land Use Plan, as amended from time to time. Development potential for the Countywide Future Land Use Designations that apply to the IRT District are as follows: Countywide Future Land Use Designation Maximum Dwelling Units per Acre of Land Maximum Floor Area Ratio/ Impervious Surface Ratio Maximum Overnight Accommodations Units Per Acre Overnight Accommodations (Base) Overnight Accommodations (Alternative) Non- Residential Uses Base Alternative Industrial Limited N/A FAR .65/ISR .85 FAR 1.5/ISR .85 FAR .65/ISR .85 50 [subject to master development plan requirements in Section 2.3.3.6.1 of the Countywide Plan Rules] 75 [subject to master development plan requirements in Section 2.3.3.6.1 of the Countywide Plan Rules] Industrial General N/A N/A N/A FAR .75/ISR .95 N/A N/A Section 18. That Article 2, “Zoning Districts”, Division 13, “Industrial, Research and Technology District (“IRT”), Section 2-1302, “Minimum standard development”, of the Community Development Code, be, and the same is hereby amended to read as follows: Section 2-1302. Minimum standard development. The following uses are Level One permitted uses in the Industrial Research and Technology "IRT" District subject to the minimum standards set out in this section and other applicable provisions of Article 3. Table 2-1302. "IRT" District Minimum Standard Development Uses Min. Lot Area (sq. ft.) Min. Lot Width (ft.) Min. Setbacks (ft.) Max. Height (ft.) Min. Off-Street Parking Front Side/ Rear Accessory Dwellings 5,000 50 20 15 50 1/unit Governmental Uses(1) 20,000 200 20 15 50 3/1,000 SF GFA Indoor Recreation/Entertainment(24) 20,000 200 20 15 50 5/1,000 SF GFA or 5/lane, 2/court or 1/machine Manufacturing (3) 20,000 200 20 15 50 1.5/1,000 SF GFA Offices (4) 20,000 200 20 15 50 3/1,000 SF GFA Outdoor Storage (accessory n/a n/a n/a n/a n/a n/a Attachment number 1 Page 16 of 38 - 17 - Ordinance No. 8043-09 use)(52) Parks and Recreation Facilities n/a n/a 25 10/20 50 1 per 20,000 SF land area or as determined by the community development coordinator based on the ITE Manual standards Publishing and Printing 20,000 200 20 15 50 3/1,000 SF GFA Research and Technology 20,000 200 20 15 50 2/1,000 SF GFA Restaurants(63) 10,000 200 20 15 50 15 spaces per 1,000 SF GFA Self Storage 20,000 200 20 15 50 1 per 20 units plus 2 for manager's office TV/Radio Studios 20,000 200 20 15 50 4/1000 SF GFA Vehicle Service (7) 20,000 200 20 15 50 1.5/1,000 SF GFA Wholesale/Distribution/ Warehouse Facility 20,000 200 20 15 50 1.5/1,000 SF GFA (1) Government uses shall not exceed five acres. Any such use, alone or when added to contiguous like uses which exceed five acres shall require a land use plan map amendment to Institutional which shall include such uses and all contiguous like uses. (2) Indoor recreation/entertainment uses, when alone or added to existing contiguous like uses, and when not part of a master development plan, shall not exceed five acres. This restriction applies when used in the Industrial Limited (IL) Countywide future land use plan category. (3)In the Industrial Limited (IL) land use category, manufacturing shall be limited to a use engaged in the manufacture, predominately from previously prepared materials, of finished products or parts, including processing, fabrication, assembly, treatment, packaging, storage, sales and distribution of goods, and shall not include or allow for any exterior storage or processing of equipment or materials of any kind. (4) Offices located in the Industrial General (IG) future land use category shall be allowed only as an accessory use, located within the structure to which it is accessory, and shall not exceed 25 percent of the floor area of the principal use to which it is accessory. (52) Outdoor storage within the required front yard setback shall be prohibited. Such outdoor storage areas shall be limited to not more than 30 percent of the subject lot or parcel and shall be completely screened from view from all adjacent residential zoned properties and/or public rights-of-way by a solid wall/fence six feet in height. Items stored within outdoor storage areas shall not exceed six feet in height and/or shall not be otherwise visible from adjacent residentially zoned property and/or public rights-of-way. (63) Restaurants that are accessory or incidental to any permitted use will not require Flexible Standard Development application for review. Restaurants located in the IL future land use category shall not exceed five two and one-half acres. Any such use, alone or when added to contiguous like uses which exceed five two and one-half acres shall require a land use plan amendment to the appropriate category which shall include such use and all contiguous like uses. Restaurants located in the IG future land use category shall be allowed only as an accessory use, located within the structure to which it is accessory, and shall not exceed 25 percent of the floor area of the principal use to which it is accessory. (4) Indoor recreation/entertainment uses, when alone or added to existing contiguous like uses, and when not part of a master development plan, shall not exceed five acres. This restriction applies when used in the Industrial Limited (IL) Countywide future land use plan category. (7) Vehicle service located in the Industrial General (IG) future land use category shall be allowed only as an accessory use, located within the structure to which it is accessory, and shall not exceed 25 percent of the floor area of the principal use to which it is accessory. Vehicle service located in the Industrial Limited (IL) future land use category shall not exceed five acres. Any such use, alone or when added to contiguous like uses which exceed five acres shall require a land use plan map amendment to Commercial General which shall include such uses and all contiguous like uses. Attachment number 1 Page 17 of 38 - 18 - Ordinance No. 8043-09 Section 19. That Article 2, “Zoning Districts”, Division 13, “Industrial, Research and Technology District (“IRT”), Section 2-1303, “Flexible standard development”, of the Community Development Code, be, and the same is hereby amended to read as follows: Section 2-1303. Flexible standard development. The following uses are Level One permitted uses in the IRT District subject to the standards and criteria set out in this Section and other applicable provisions of Article 3. Table 2-1303. "IRT" District Flexible Standard Development Uses Min. Lot Area (sq. ft.) Min. Lot Width (ft.) Min. Setbacks (ft.) Max. Height (ft.) Min. Off-Street Parking Front* Side/ Rear Automobile Service Stations 20,000 100 20 15 30 4/1000 SF GFA Major Vehicle Service 20,000 100 20 15 30 4/1000 SF GFA Manufacturing (1) 10,000 100 20 15 50 1.5/1,000 SF GFA Offices 20,000 200 20 15 50 3/1,000 SF GFA Outdoor Recreation/Entertainment 40,000 200 20 15 30 1--10/1,000 SF Land Area or as determined by the community development coordinator based on ITE Manual standards Outdoor Storage 10,000 100 20 15 30 3/1,000 SF GFA Parking Lots 10,000 100 20 15 n/a n/a Public Facilities 10,000 100 20 15 50 1--2 per 1,000 GFA Public Transportation Facilities(21) n/a n/a n/a n/a 10 n/a Publishing and Printing 10,000-- 20,000 100-- 200 20 15 50 3/1,000 SF GFA Research and Technology 10,000 100 20 15 50 2/1,000 SF GFA Residential Shelters(32) 5,000 50 20 15 30 3/1,000 SF GFA Retail Sales and Services n/a n/a n/a n/a n/a n/a Restaurants(45) 5,000-- 10,000 50 - 100 20 15 30 7--15 spaces per 1,000 GFA Self Storage 10,000 100 20 15 50 1 per 20--25 units plus 2 for manager's office TV/Radio Studios 10,000 100 20 15 50 4/1000 SF GFA Utility/Infrastructure Facilities(53) n/a n/a 20 15 n/a n/a Vehicle Sales/Displays and Major Vehicle Sales/Displays(64) 40,000 200 20 15 30 1.5/1,000 SF Lot Sales Area Vehicle Service (6) 10,000 100 20 15 50 1.5/1,000 SF GFA Veterinary Offices or Animal Grooming 10,000 100 20 15 30 5/1,000 SF GFA Attachment number 1 Page 18 of 38 - 19 - Ordinance No. 8043-09 Wholesale/Distribution/Warehouse Facility 10,000 100 20 15 50 1.5/1,000 SF GFA *The front setback may be reduced to 15 feet for parking lots provided the land area is not sufficient to accommodate the full setback requirement and the reduction results in an improved site plan or improved design and appearance and landscaping is in excess of the minimum required. (1) In the Industrial Limited (IL) land use category, manufacturing shall be limited to a use engaged in the manufacture, predominately from previously prepared materials, of finished products or parts, including processing, fabrication, assembly, treatment, packaging, storage, sales and distribution of goods, and shall not include or allow for any exterior storage or processing of equipment or materials of any kind. (21) Public transportation facilities shall not exceed five acres. Any such use, alone or when added to contiguous like uses which exceed five acres shall require a land use plan map amendment to Transportation/Utility which shall include such uses and all contiguous like uses. (32) Residential shelters shall not exceed five acres. Any such use, alone or when added to contiguous like uses which exceed five acres shall require a land use plan map amendment to Transportation/Utility which shall include such uses and all contiguous like uses. (4) Restaurants that are accessory or incidental to any permitted use will not require Flexible Standard Development application for review. Restaurants located in the IL future land use category shall not exceed five acres. Any such use, alone or when added to contiguous like uses which exceed five acres shall require a land use plan amendment to the appropriate category which shall include such use and all contiguous like uses. Restaurants located in the IG future land use category shall be allowed only as an accessory use, located within the structure to which it is accessory, and shall not exceed 25 percent of the floor area of the principal use to which it is accessory. (53) Utility/infrastructure uses shall not exceed five ten acres. Any such use, alone or when added to contiguous like uses which exceed five ten acres shall require a land use plan map amendment to Transportation/Utility which shall include such uses and all contiguous like uses. (64) Vehicle sales/displays, major vehicle sales/displays, and/or vehicle service in the Industrial Limited land use category shall not exceed five acres. In the Industrial General category such use shall not exceed 25 percent or the floor area and shall be accessory. Any such use, alone or when added to contiguous like uses which exceed five acres or 25 percent of the floor area shall require a land use plan map amendment to Commercial General which shall include such uses and all contiguous like uses. (5) Restaurants that are accessory or incidental to any permitted use will not require Flexible Standard Development application for review. Restaurants located in the IL future land use category shall not exceed two and one-half acres. Any such use, alone or when added to contiguous like uses which exceed two and one-half acres shall require a land use plan amendment to the appropriate category which shall include such use and all contiguous like uses. Restaurants located in the IG future land use category shall be allowed only as an accessory use, located within the structure to which it is accessory, and shall not exceed 25 percent of the floor area of the principal use to which it is accessory. *********** D. Offices. 1. The proposed use of the parcel shall be related to the uses permitted in the district and shall include, but not be limited to, office uses related to scientific or industrial research, product development and testing, engineering development and marketing development, corporate offices provided, however, that they do not provide services or uses to the general public on the premises, and such other office uses, including support services, as well as uses which are accessory to and compatible with the permitted uses. Support services for the purposes of this zoning district shall be defined as companies that supply services utilized wholly by other companies located in this zoning district. 2. Offices located in the IG future land use category shall be allowed only as an accessory use, located within the structure to which it is accessory, and shall not exceed 25 percent of the floor area of the principal use to which it is accessory. *********** Attachment number 1 Page 19 of 38 - 20 - Ordinance No. 8043-09 Section 20. That Article 2, “Zoning Districts”, Division 14, “Open Space/Recreation District (“OSR”)”, Section 2-1401.1, “Maximum development potential”, of the Community Development Code, be, and the same is hereby amended to read as follows: Section 2-1401.1. Maximum development potential. The Open Space/Recreation District ("OSR") may be located in more than one land use category. It is the intent of the OSR District that development be consistent with the Countywide Future Land Use Plan as required by state law. The uses and development potential of a parcel of land within the OSR District shall be determined by the standards found in this Development Code as well as the Countywide Future Land Use Designation of the property, including any acreage or floor area restrictions set forth in the Rules Concerning the Administration of the Countywide Future Land Use Plan, as amended from time to time. Development potential for the Countywide Future Land Use Designations that apply to the OSR District are as follows: Countywide Future Land Use Designation Maximum Dwelling Units per Acre of Land Maximum Floor Area Ratio/Impervious Surface Ratio Recreation/Open Space N/A FAR .25/ISR .60 Section 21. That Article 2, “Zoning Districts”, Division 14, “Open Space/Recreation District (“OSR”)”, Section 2-1403, “Flexible standard development”, of the Community Development Code, be, and the same is hereby amended to amend subsection B, “Outdoor Recreation/Entertainment”, and delete subsection D, “Public transportation facilities”, and re- lettering the subsequent subsections as appropriate: Section 2-1403. Flexible standard development. The following uses are Level One permitted uses in the OSR District subject to the standards and criteria set out in this section and other applicable provisions of Article 3. Table 2-1403. "OSR" District Flexible Standard Development Standards Use Min. Lot Size (sq. ft.) Min. Lot Width (ft.) Min. Setbacks (ft.) Max. Height (ft.) Min. Off-Street Parking Front Side Rear Governmental Use n/a n/a n/a n/a n/a n/a n/a Outdoor Recreation/Entertainment 2.5 acres 200 25 20 25 30 2.5--5 per 10,000 SF land area or as determined by the community development coordinator based on ITE Manual standards Parking Garages and Lots 20,000 100 25 10 20 50 n/a Public Transportation Facilities n/a n/a n/a n/a n/a 10 n/a Restaurants 40,000 200 25 20 25 30 10 per 1,000 SF GFA Retail Sales and Service 40,000 200 25 20 25 30 4 per 1,000 SF GFA Utility/Infrastructure Facilities n/a n/a 25 10 20 n/a n/a Attachment number 1 Page 20 of 38 - 21 - Ordinance No. 8043-09 *********** B. Outdoor recreation/entertainment.: 1. The use is limited to golf courses and clubhouses. 21. The parcel proposed for development is not contiguous to a parcel of land which is designated as residential in the Zoning Atlas; 32. All signage is a part of a comprehensive sign program; 43. Sound amplification is designed and constructed to ensure that no amplified sound can be heard to the extent that the sound is recognizable in terms of the meaning of words or melody when wind conditions are less than ten miles per hour at a distance of more than 100 feet in all directions or when wind conditions are ten miles per hour or greater at a distance of more than 150 feet in all directions; 54. All outdoor lighting is designed and constructed so that no light falls directly on land other than the parcel proposed for development. 65. Off-street parking: The physical characteristics of a proposed building are such that the likely uses of the property will require fewer parking spaces per floor area than otherwise required or that the use of significant portions of the building will be used for storage or other non-parking demand-generating purposes. *********** D. Public transportation facilities. 1. The public transportation facilities are not located within 1,000 feet of another public transportation facility unless necessary to serve established transit stops with demonstrated ridership demand; 2. The public transportation facilities are designed, located and landscaped so that the structure of the facilities are screened from view from any residential use or land designated as residential in the Zoning Atlas; 3. Any lighting associated with the public transportation facilities is designed and located so that no light is cast directly on any residential use or land designated as residential in the Zoning Atlas; and 4. The public transportation facility shall be accessory to the principal use of the property. *********** Section 22. That Article 2, “Zoning Districts”, Division 15, “Preservation District (“P”)”, Section 2-1501.1, “Maximum development potential”, of the Community Development Code, be, and the same is hereby amended to read as follows: Section 2-1501.1. Maximum development potential. The Preservation District ("P") may be located in more than one land use category. It is the intent of the P District that development be consistent with the Countywide Future Land Use Plan as required by state law. The uses and development potential of a parcel of land within the P District shall be determined by the standards found in this Development Code as well as the Countywide Future Land Use Designation of the property, including any acreage or floor area Attachment number 1 Page 21 of 38 - 22 - Ordinance No. 8043-09 restrictions set forth in the Rules Concerning the Administration of the Countywide Future Land Use Plan, as amended from time to time. Development potential for the Countywide Future Land Use Designations that apply to the P District are as follows: Countywide Future Land Use Designation Maximum Dwelling Units per Acre of Land Maximum Floor Area Ratio/Impervious Surface Ratio Preservation N/A FAR .10/ISR .20 Section 23. That Article 2, “Zoning Districts”, Division 15, “Preservation District (“P”)”, Section 2-1502, “Flexible standard development”, of the Community Development Code, be, and the same is hereby amended to delete subsection B, “Outdoor Recreation/Entertainment”, to read as follows: Section 2-1502. Flexible standard development. The following uses are Level One permitted uses in the Preservation District subject to the minimum standards set out in this section and other applicable provisions of Article 3. Table 2-1502. "P" District Flexible Standard Development Standards Use Min. Lot Size (sq. ft.) Min. Lot Width (ft.) Min. Setbacks (ft.) Max. Height (ft.) Min. Off-Street Parking Front Side Rear Marinas 10,000 100 25 10 15 30 1/per 2 slips Outdoor Recreation/Entertainment 10,000 100 25 10 15 30 5/10,000 sq. ft. Land *********** B. Outdoor recreation/entertainment: 1. The parcel proposed for development is not contiguous to a parcel of land which is designated as residential in the Zoning Atlas; 2. All signage is a part of a comprehensive sign program; 3. Sound amplification is designed and constructed to ensure that no amplified sound can be heard to the extent that the sound is recognizable in terms of the meaning of words or melody when wind conditions are less than 10 miles per hour at a distance of more than 100 feet in all directions or when wind conditions are ten miles per hour or greater at a distance of more than 150 feet in all directions; 4. All outdoor lighting is designed and constructed so that no light falls directly on land other than the parcel proposed for development. Section 24. That Article 3, “Development Standards”, Division 6, “Dock/Marina Standards”, Section 3-601, “Docks”, of the Community Development Code, be, and the same is hereby amended to read as follows: Attachment number 1 Page 22 of 38 - 23 - Ordinance No. 8043-09 Section 3-601. Docks. *********** C. New docks. 1. Docks, boatlifts and service catwalks that serve single-family or two-family dwellings. *********** b. Length. The length of docks and boatlifts shall not exceed 25 percent of the width of the waterway or half of the width of the property measured at the waterfront property line, whichever is less, up to a maximum of 250 feet. Tie poles may extend beyond the dock, provided such poles do not project into the navigable portion of the waterway by more than an additional 50 feet or exceed 25 percent of such the width of the waterway, whichever is less, and do not constitute a navigational hazard. *********** g. Deviations. i) The community development coordinator may grant deviations from the requirements of this section as a Level One (minimum standard) approval provided that signed and notarized statements of no objection are submitted from adjacent waterfront property owners, as well as signed and notarized statements on the Pinellas County Water and Navigation Control Authority permit application. In the event that such statements cannot be obtained, applications for deviations may be approved by the community development coordinator, provided that the proposed dock will result in no navigational conflicts. Such deviations may be approved through a Level One (flexible standard) approval process based on one of the following: i) The proposed dock will result in no navigational conflicts and the length of the proposed dock will not exceed 25 percent of the width of the waterway; or (aii) The proposed dock location needs to be adjusted to protect environmentally sensitive areas; or (biii) The property configuration or shallow water depth precludes the placement of a dock in compliance with the required dimensional standards; however, the proposed dock will be similar in dimensional characteristics as surrounding dock patterns. ii) No dock shall be allowed to deviate from the length requirements specified in 3-601.C.1.b by more than an additional 50 percent of the allowable length or project into the navigable portion of the waterway by more than 25 percent of such waterway, whichever length is less. In no case shall the length of the dock exceed 250 feet, except as stipulated in Sec 3-601.C.1.g.iii and iv below. Attachment number 1 Page 23 of 38 - 24 - Ordinance No. 8043-09 iii) Deviations in excess of 250 feet may be approved through a Level Two (flexible development) approval process only under the following conditions: (a) A dock of lesser length poses a threat to the marine environment, natural resources, wetlands habitats or water quality; and (b) A literal enforcement of the provisions of this section would result in extreme hardship due to the unique nature of the project and the applicant’s property; and (c) The deviation sought to be granted is the minimum deviation that will make possible the reasonable use of the applicant’s property; and (d) The granting of the requested deviation will be in harmony with the general intent and purpose of this section and will not be injurious to the area involved or otherwise detrimental or of adverse effect to the public interest and welfare. iv) Docks located on the east side of Clearwater Harbor adjacent to the mainland may be allowed to deviate from the length requirements specified in Section 3-601.C.1.b up to a maximum length equal to 25 percent of the navigable portion of the waterway. 2. Multi-use docks. A multi-use dock, which is any dock owned in common or used by the residents of a multi-family development, condominium, cooperative apartment, mobile home park or attached zero lot line development shall be permitted as a Level One (minimum standard) use provided such dock is less than 500 square feet in deck area and complies with the dimensional standards set forth in Section 3-601.C.3.h. (C)(3)(h). Deviations to the dimensional standards for multi-use docks may be reviewed and approved in accordance with Section 3-601.C.1.g. 3. Commercial docks. A commercial dock is any dock, pier, or wharf, including boatlifts, that is used in connection with a hotel, motel or restaurant where the slips are not rented, leased or sold; or such facilities used in connection with a social or fraternal club or organization and used only by its membership; or such facilities constructed and maintained by the City of Clearwater, Pinellas County or by any state or federal agency; or any multi-use dock with a deck area exceeding 500 square feet which shall be treated as a commercial dock. Commercial docks shall only be permitted as a Level Two (flexible development) use, which requires approval by the Ccommunity Ddevelopment Bboard (CDB). Any multi-use dock with a deck area exceeding 500 square feet shall be treated as a commercial dock. All commercial docks shall be reviewed for compliance with the following criteria. *********** b. Impacts on existing water recreation activities. The use of the proposed dock/tie poles or use thereof, shall not adversely impact the health, safety or well being of persons currently using the adjacent waterways for recreational and/or commercial uses. Furthermore, the dock it shall not preclude hinder or Attachment number 1 Page 24 of 38 - 25 - Ordinance No. 8043-09 discourage the existing uses of the adjacent waterway. Such by uses include including but are not limited to non-motorized boats and motorized boats. *********** h. Dimensional standards. *********** ii) Length. The length of commercial and multi-use docks shall not extend from the mean high water line or seawall of the applicant's property more than 75 percent of the width of the applicant's property measured at the waterfront property line, up to a maximum of 250 feet. Tie poles may extend beyond the dock provided such poles do not project into the waterway by more than extend 25 percent of such the width of the waterway and do not constitute a navigational hazard. *********** iv) Covered boatlifts. Covered boatlifts are permitted provided a permanent and solid roof deck is constructed with material such as asphalt shingles, metal, tile or wood. Canvas and canvas like roof materials are prohibited. Vertical sidewalls are prohibited on any boatlift or dock. i.v) Deviations. Applications for dDeviations to the dimensional standards set forth in Section 3-601.C.3.h from the requirements of this section may be considered and approved by the Ccommunity Ddevelopment Bboard through a Level Two (flexible development) approval process based on the following: in order to comply with the review criteria established in sections 3-601 (C)(3)(a)--(g). i) A dock of lesser length poses a threat to the marine environment, natural resources, wetlands habitats or water quality; and ii) The proposed dock location needs to be adjusted to minimize impacts relating to criteria set forth in Sections 3-601.C.3.b – g; and iii) A literal enforcement of the provisions of this section would result in extreme hardship due to the unique nature of the project and the applicant’s property; and iv) The deviation sought to be granted is the minimum deviation that will make possible the reasonable use of the applicant’s property; and v) The granting of the requested deviation will be in harmony with the general intent and purpose of this section and will not be injurious to the area involved or otherwise detrimental or of adverse effect to the public interest and welfare; and vi) No dock shall be allowed to deviate from the length requirements specified in Section 3-601.C.3.h by more than an additional 50 percent of the allowable length or to project into the navigable portion of the waterway by more than Attachment number 1 Page 25 of 38 - 26 - Ordinance No. 8043-09 25 percent of such waterway, whichever length is less, except for those docks located on the east side of Clearwater Harbor adjacent to the mainland, which shall be allowed to deviate up to a maximum length equal to 25 percent of the navigable portion of the waterway. j. Covered boatlifts. Covered boatlifts are permitted provided a permanent and solid roof deck is constructed with material such as asphalt shingles, metal, tile or wood. Canvas and canvas like roof materials are prohibited. Vertical sidewalls are prohibited on any boatlift or dock. ki. Publicly owned facilities. Roof structures shall be permitted on publicly owned boardwalks, observation platforms, elevated nature trails and other such structures not intended for use as a dock facility, however, vertical walls shall be prohibited. *********** Section 25. That Article 3, “Development Standards”, Division 9, “General Applicability Standards”, Section 3-902, “Comprehensive plan densities/intensities”, of the Community Development Code, be, and the same is hereby amended to read as follows: Section 3-902. Comprehensive plan densities/intensities. *********** G. Submerged lands. The area of submerged lands cannot be used in calculating allowable density, FAR, or ISR. Section 26. That Article 3, “Development Standards”, Division 9, “General Applicability Standards”, Section 3-904, “Sight visibility triangle”, of the Community Development Code, be, and the same is hereby amended to read as follows: Section 3-904. Sight visibility triangle. A. To minimize traffic hazards at street or driveway intersections, no structure or landscaping may be installed which will obstruct views at a level between 30 inches above grade and eight feet above grade within the sight visibility distance triangle described in the following figure. Attachment number 1 Page 26 of 38 - 27 - Ordinance No. 8043-09 Remove existing graphic and replace with the following graphic. Sight Visibility Triangle B. To enhance views of the water from residential waterfront property, no structure or landscaping may be installed, other than a fence around a swimming pool or any non- opaque fences not exceeding 36 inches, within the sight visibility triangle described in the following figure, except as otherwise allowed in Article 3 Division 8 in the 45 angle formed by ten feet back from the property line on the water and along the side property line. Remove existing graphic and replace with the following graphic. Enhanced Views Restrictions Attachment number 1 Page 27 of 38 - 28 - Ordinance No. 8043-09 Section 27. That Article 3, “Development Standards”, Division 9, “General Applicability Standards”, Section 3-907, “Vegetative buffer adjacent to preservation district or jurisdictional wetlands”, of the Community Development Code, be, and the same is hereby amended to read as follows: Section 3-907. Buffers provided for purposes other than landscaping Vegetative buffer adjacent to preservation district or jurisdictional wetlands. A. Vegetative buffer adjacent to preservation district or jurisdictional wetlands 1.A. A vegetative buffer shall be provided on all lands within 25 feet of any property designated on the Zoning Atlas as preservation (P), or any property determined to be wetlands under the jurisdiction of the State of Florida ("jurisdictional wetlands"); and all lands within 15 feet of the top of the bank of any creeks, channels, or related waterways which contain jurisdictional wetlands. This requirement shall not apply to existing seawalls or other structures creating an abrupt transition between any such property and the adjoining upland property. "Top of the bank" is that point on the slope at which the side slope becomes flatter than one foot vertical to four feet horizontal. 2.B. The required buffer width may be reduced by not more than one-third in a portion of the buffer, by providing additional width in another portion of the buffer which will result in an equivalent or greater square footage of cumulative buffer area. 3.C. No structure or other surface impervious to water shall be permitted within the vegetative buffer, with the exception of structures which would be allowed as a part of a Level One or Level Two approval within the preservation district. 4.D. Within the vegetative buffer, any native vegetation shall be protected so that the buffer will retain the character of the immediately adjacent vegetation within the preservation district. Native vegetation within the buffer shall not be removed or altered unless the removal or alteration of the vegetation will not adversely affect the hydrological or ecological integrity of the adjacent wetland. All prohibited trees existing within the buffer shall be removed by the landowner and shall be prevented from re-emergence. This subsection shall not be construed to prohibit routine maintenance trimming of nonwetland vegetation in accordance with procedures developed by the city manager. 5.E. If prior to October 4, 1990, the native vegetation within a vegetative buffer has been removed or altered, the owner shall not be required to restore the vegetation to its natural state. The owner shall not, however, impede the natural succession of native vegetation into the buffer. B. Buffer required within Transportation/Utility future land use category. A ten-foot buffer shall be provided on all lands designated Transportation/Utility on the Future Land Use Map that are adjacent to any other future land use classification other than Industrial. Lands designated Transportation/Utility that are adjacent to lands designated industrial future land use classifications are exempt from this requirement. Attachment number 1 Page 28 of 38 - 29 - Ordinance No. 8043-09 Section 28. That Article 3, “Development Standards”, Division 9, “General Applicability Standards”, Section 3-1302, “Site lighting”, of the Community Development Code, be, and the same is hereby amended to read as follows: Section 3-1302. Site lighting. All outdoor lighting, other than outdoor recreational facility and street lighting, shall comply with the following requirements: A. Fixture-type. All light fixtures which are visible from the boundaries of the parcel of land, other than fixtures which are designed and installed to illuminate a wall and are directed away from adjacent properties, shall be cut-off lights where direct illumination is cut-off above 40 degrees below horizontal. Remove existing graphic and replace with the following graphic. Illumination Cut-off Angle B. Location. All outdoor light fixtures shall be located so that objects or land which are located beyond the boundaries of the parcel of land are not illuminated to an extent of producing more than a diffuse shadow. Remove existing graphic. C. Height. 1. Cut-off fixtures. The height of the lamp in a light fixture shall not exceed 35 feet, or one foot in height for each one foot the light fixture is setback from the setback in section 3- 1202(B), whichever is less. Attachment number 1 Page 29 of 38 - 30 - Ordinance No. 8043-09 cut-off fixtures 2. Non-cut-off fixtures. The height of the lamp in a non-cut-off fixture shall not exceed 18 feet. Remove existing graphic and replace with the following graphic. Non-cut-off Fixtures *********** D. Sea turtle nesting areas. To the extent possible, no light within 300 feet shall be visible or extend to areas identified as Sea Turtle Nesting Areas during the nesting season of May 1 to October 31. Those areas were security and public safety require lighting, alternative light management approaches shall be applied. The Florida Marine Research Report Institute Technical Report - "Understanding, Assessing, and Resolving Light- Pollution Problems on Sea Turtle Nesting Beaches" shall be used as a guide to provide the most thorough solution practical. Attachment number 1 Page 30 of 38 - 31 - Ordinance No. 8043-09 In order to provide protection for nesting marine turtles and their hatchlings during the nesting season of May 1 to October 31 and to minimize artificial light illuminating areas of the beach, the following standards for public or private artificial light sources shall apply on Clearwater Beach and Sand Key: 1. Controlled use, design and positioning of lights. a. Light fixtures shall be designed and/or positioned such that they do not cause direct illumination of the beach areas. b. The use of lights for safety and security purposes shall be limited to the minimum number required to achieve their functional role(s). c. Wall-mount fixtures, landscape lighting and other sources of lighting shall be designed and/or positioned such that light does not directly illuminate the beach areas. d. All lights on balconies shall be shielded from the beach. e. Lighting in parking lots within line of sight of the beach shall be positioned and/or shielded such that only deflected light may be visible f rom the ground level of the beach. f. The use of low pressure sodium vapor lights are permitted where security or safety problems can be demonstrated, and shielding is cost prohibitive, and visibility from the beach cannot be prevented. 2. Lighting for pedestrian traffic. a. Beach access points, dune crossovers, beach walkways, piers or any other structure on the beach designed for pedestrian traffic shall use the minimum amount of light necessary to ensure safety. b. Pedestrian lighting shall be of low wattage, not over 25 watts, and recessed or shielded so that only deflected light may be directly visible from the beach. 3. Lighting approval. Prior to the issuance of a certificate of occupancy, compliance with the lighting standards as set forth in this section shall be certified. 4. Standards for existing lighting. Existing artificial light sources shall be repositioned, modified or replaced with alternatives consistent with the standards set forth herein so that only deflected light may be visible at ground level from the beach and/or the light does not directly illuminate areas of the beach. 5. Publicly owned lighting. All publicly owned lighting shall comply with the standards set forth herein to the greatest extent possible. Section 29. That Article 3, “Development Standards”, Division 9, “General Applicability Standards”, Section 3-1402, “Design standards for parking lots and parking garages”, of the Community Development Code, be, and the same is hereby amended to read as follows: Section 3-1402. Design standards for parking lots and parking garages. All parking lots shall be designed to meet the following requirements: Attachment number 1 Page 31 of 38 - 32 - Ordinance No. 8043-09 *********** I. Structural supports located in parking garages shall not encroach into the required area of a parking space. Structural supports shall be located in a manner to provide maximum vehicular maneuverability and shall not obstruct passenger ingress and egress. In addition to the other requirements of this section, parking garages shall comply with the following: 1. The minimum clear height throughout the garage shall be 7’ 0” and shall be 8’ 2” for van- accessible handicapped parking spaces including ingress and egress drive aisles to these spaces. 2. Pedestrian – vehicular conflicts shall be avoided whenever possible. Where unavoidable, active warning devices such as traffic signals or flashing warning signs/devices and/or physical barriers such as vehicular actuated gates shall be provided to warn the pedestrian and slow vehicular traffic. 3. Lighting levels in parking garages having public access shall meet or exceed the current minimum Illuminating Engineering Society (IES) standards. 4. Columns shall not encroach into the required area of a parking space except at the end of a parking space where another parking space or a wall abuts the parking space. Such projection shall not encroach into the corner of a parking space by more than one foot in any direction, front to back or side to side as shown in the following figure. Add the following graphic. 5. Where parking spaces abut a wall, a column not located consistent with subsection 4 above, or any other obstruction, one-foot of additional width shall be added to the parking space as shown in the following figure. Attachment number 1 Page 32 of 38 - 33 - Ordinance No. 8043-09 Add the following graphic. 6. Parking garages for attached dwellings with four or more units shall comply with all applicable ADA requirements. 7. Mechanical vehicle lifts shall not be permitted in parking garages except in areas solely controlled for valet parking. 8. Wheel stops shall not be used in parking garages. 9. Whenever access control equipment or barrier gates are used at the entrance to a parking garage, a minimum stacking distance of 40 feet shall be provided from the back of sidewalk to the equipment or barrier gate. 10. Maximum speed ramp slope shall not exceed 12 percent. A 10-foot long transition ramp with a slope equal to one-half of the change in slopes shall be provided at the bottom and top of all speed ramps with a slope of 10-percent or greater. 11. When parking spaces are provided on a ramp, the slope shall be less than 6-percent. 12. A minimum of two entries and two exits shall be provided for any parking garage with more than 500 parking spaces. In certain circumstances, one reversible entry/exit lane may be acceptable in lieu of the second pair of entry and exit lanes. 13. All electrical conduits, pipes, downspouts, columns or other features that could be subject to impact from vehicular traffic shall be protected from impact damage with pipe guards or similar measures. Measures used for protection shall not encroach into any parking space. 14. Minimum dimensions of equipment islands at entry/exit lanes shall be as follows: a. Islands with cashier booth: 6’ 4” wide by 22’ long. b. Islands without cashier booth: 3’ 6” wide by 18’ 3” long. *********** Attachment number 1 Page 33 of 38 - 34 - Ordinance No. 8043-09 Section 30. That Article 3, “Development Standards”, Division 9, “General Applicability Standards”, Section 3-1406, “Off-street loading and vehicle stacking spaces”, of the Community Development Code, be, and the same is hereby amended to read as follows: Section 3-1406. Off-street loading and vehicle stacking spaces. *********** B. Stacking spaces: Provisions must be made for stacking and transition of incoming traffic from a public street, such that traffic may not back-up into the public street system. 1. The minimum distance between a state right-of-way and the first parking space or aisleway in a parking lot shall be as set forth in the Florida Department of Transportation (FDOT) Driveway Handbook. 2. The minimum distance between all other rights-of-way and the first parking space or aisleway in a parking lot shall be as outlined in the following table: Number of Spaces Minimum Stacking Distance 50 or fewer 20 feet 51 or more 40 feet 13. Provisions shall be made to provide for 40 feet of clear stacking in advance of all guardhouses or security gates. 24. Drive-thru facilities for restaurants shall provide sufficient stacking distance to accommodate eight vehicles as measured from the first point of transaction. 35. Drive-thru facilities for banks shall provide sufficient stacking spaces as measured from the first point of transaction in accordance with the following table: Number of Proposed Drive-Thru Lanes Total Number of Required Vehicle Stacking Spaces One 8 Two 12 Three 18 Each Additional Lane 2 Additional Spaces 46. Additional stacking may be required as a condition of site plan approval. The length of the stacking area may be reduced when supported by a traffic study. Attachment number 1 Page 34 of 38 - 35 - Ordinance No. 8043-09 Section 31. That Article 4, “Development Review and Other Procedures”, Section 4-505, “Hearing officer appeals”, of the Community Development Code, be, and the same is hereby amended to read as follows: Section 4-505. Hearing officer appeals. A. Upon receipt of a notice of appeal regarding decisions set out in Section 4-501(b), the hearing officer shall, in concert with the city clerk, establish a date and , hour and location for hearing to consist solely of: 1. Reception of the record before the community development board; and 2. Oral argument. The record before the community development board shall consist of the following: the Planning Department file concerning the application; the agenda packet for the community development board meeting(s); all exhibits accepted into evidence before the community development board; and the board reporter’s audiotape recording of the hearing before the community development board streaming video of the hearing posted on the city’s website. Any motion to supplement the record shall be filed with the hearing officer and served on all other parties to the proceedings within 10 30 days of filing the notice of appeal. The hearing shall be held within 60 days of receipt of the notice of appeal, unless the appellant requests or agrees to a continuance. The city clerk shall give notice of the hearing to the appellant, applicant, city, and any person granted party status by the community development board. Section 32. That Article 4, “Development Review and Other Procedures”, Division 14, “Transfer of Development Rights”, Section 4-1402, “Allocated development rights are freely transferable”, of the Community Development Code, be, and the same is hereby amended to read as follows: Section 4-1402. Allocated development rights are freely transferrable. *********** 3. The transfer shall be in the form of a special warranty deed, which shall specify the amount of transferable development rights which are being conveyed or sold and the real property from which the rights are transferred. Additionally, the special warranty deed shall contain a covenant restricting in perpetuity the use of the parcel from which the rights have been transferred and the remaining density/intensity available pursuant to the property’s Future Land Use Plan designation. Determination of available remnant use and density/intensity shall be consistent with the Clearwater Comprehensive Plan, Countywide Plan Map and Rules and/or governing special area plan. *********** 5. For parcels located within an area designated Central Business District (CDB) or Community Redevelopment District (CRD) on the Countywide Future Land Use Plan map or parcels governed by approved redevelopment or special area plans, a site may only receive density/intensity transferred from within the CDB, CRD, redevelopment plan area or special plan district from within the plan area or district in which the site is located. Attachment number 1 Page 35 of 38 - 36 - Ordinance No. 8043-09 a. Transfer of development rights may be sent from vacant and/or existing developed parcels. ba. For parcels receiving transferred density/intensity, the maximum applicable density/intensity may be exceeded pursuant to provisions set forth in such applicable special area plan or redevelopment plan. cb. In the event such applicable special area plan or redevelopment plan does not specify the amount of density/intensity that can be received, the maximum permitted development potential shall not be exceeded by more than 20 percent. dc. For parcels being developed with overnight accommodation uses on Clearwater Beach that are within the area governed by Beach by Design, there shall be no limit on the amount of density that can be received for the overnight accommodation uses provided that the project complies with all applicable code provisions and design guidelines. ed. For mixed use projects located on Clearwater Beach and governed by Beach by Design that include overnight accommodation uses, the 20 percent limitation specified in Section 4-1402.5.b above shall apply to the components of the project that do not include overnight accommodation uses. 6. Where density/intensity cannot otherwise be determined for parcels designated as Preservation or Recreation/Open Space category on the City’s Future Land Use Plan Map, such categories shall be assigned a maximum density/intensity of one dwelling unit per acre or five percent floor area ratio per acre, or both, as is applicable based on the use characteristics to be utilized in the receiving parcel. Section 33. That Article 4, “Development Review and Other Procedures”, Division 14, “Transfer of Development Rights”, Section 3-1403, “Use of transferred development rights”, of the Community Development Code, be, and the same is hereby amended to read as follows: 4-1403. Use of transferred development rights *********** E. The use of transferable development rights shall be consistent with the following: *********** 4. There shall be no transfers of density/intensity from outside the coastal storm area into the coastal storm area. *********** Section 34. That Article 8, “Definitions and Rules of Construction”, Section 8-102, “Definitions”, of the Community Development Code, be, and the same is hereby amended to read as follows: Section 8-102. Definitions. *********** Attachment number 1 Page 36 of 38 - 37 - Ordinance No. 8043-09 Beach access point means any access used by the general public or private property owners for the purpose of gaining access to the beach. *********** Clearwater Beach means that portion of land lying in the City of Clearwater, Pinellas County, Florida, bounded on the north by the City of Clearwater City Limits and the Dunedin Pass Channel; bounded on the east by the Mandalay Channel, which lies between Clearwater Beach and Island Estates; bounded on the south by the Clearwater Pass Channel; bounded on the west by the Gulf of Mexico. *********** Deflected Light means unintentional indirect luminance from structures or objects incidental to the light source or fixture. *********** Floor area ratio (FAR) means a measurement of the intensity of building development on a site. A floor area ratio is the relationship between the gross floor area on a site and the gross land area. The FAR is calculated by adding together the gross floor area of all buildings on the site and dividing by the gross land floor area. *********** Gross land area means the total land area within the property boundaries of the subject parcel, and specifically exclusive of any submerged land or public road right-of-way. *********** Retail sales and services means a building, property, or activity the principle use or purpose of which is the sale or lease of goods, products, materials, or services directly to the consumer, including grocery stores, bicycle stores (sales, rentals and/or repair), adult day care, child care, personal services, funeral homes, art galleries, artisans, farmer markets, and including the sale of alcoholic beverages for off-premises consumption provided that the sale of alcoholic beverages is subordinate to the principal use and display of alcoholic beverages occupies less than 25 percent of the floor area of the use. Not including problematic uses, street vendors or the on-premise consumption of alcoholic beverages. *********** Sand Key means that portion of land lying in the City of Clearwater, Pinellas County, Florida, bounded on the north by the Clearwater Pass Channel; bounded on the east by the Clearwater Harbor; bounded on the south by the City of Clearwater City Limits; bounded on the west by the Gulf of Mexico. *********** Vehicle sales/displays, limited means a business or commercial activity involving the display and/or sale or rental of bicycles, mopeds, and/or motorcycles and excluding service of such vehicles. *********** Attachment number 1 Page 37 of 38 - 38 - Ordinance No. 8043-09 Section 33. 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 34. 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 35. 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 36. Notice of the proposed enactment of this Ordinance has been properly advertised in a newspaper of general circulation in accordance with applicable law. Section 37. This ordinance shall take effect immediately upon adoption. 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 Attachment number 1 Page 38 of 38 Community Development Board – August 18, 2009 TA2009-01002 – Page 1 CDB Meeting Date: August 18, 2009 Case: TA2009-01002 Ordinance No.: 8043-09 Agenda Item: E2 CITY OF CLEARWATER PLANNING DEPARTMENT STAFF REPORT TEXT AMENDMENT REQUEST: Amendments to the Community Development Code to bring consistency between the Countywide Plan Rules and the Community Development Code, and address off-street parking for overnight accommodations in the Tourist District, docks, site visibility triangles, site lighting, design standards for parking lots and parking garages, off-street loading and vehicle stacking spaces, hearing officer appeals, and transfer of development rights. UPDATE: The Community Development Board (CDB) reviewed the proposed text amendment at its meeting of June 16, 2009. The Board unanimously recommended the amendment for approval, with exception to the sections addressing docks, site visibility triangles, and design standards for parking lots and parking garages. The Planning Department recommended to the City Council that action be taken on the ordinance as proposed. The Island Estates Neighborhood Plan Objective 2.a. states “Preserve water views by restricting the height of fences and structures in the waterfront yard and by maintaining established side building setbacks, rear building setbacks and site triangles.” The existing Community Development Code language is consistent with this Plan. Additionally, proposed language addressing parking space design where columns adjoin a space is intended to clarify existing Section 3-1402.A which states “… Parking space dimensions shall be revised where necessary to provide safe and efficient vehicular movement where columns, walls or other site conditions impede maneuverability or vision.” This item was continued by the City Council at its July 16, 2009 meeting with the request that staff incorporate a maximum length limitation within the proposed amendments for docks. Attachment number 2 Page 1 of 8 Community Development Board – August 18, 2009 TA2009-01002 – Page 2 This change was substantive and required a change to the ordinance title, and is therefore being brought back to the Community Development Board for review. Council is seeking comment and recommendation by the Board on the new Dock provisions (see pages 23-26 of revised Ordinance 8043-09). The ordinance has been revised to reflect the Council’s recommendation; however, the staff report has not been changed. Major changes to Ordinance 8043-09 include: Docks, boatlifts and service catwalks that serve single-family or two-family dwellings: • Establishes maximum length of 250 feet and limits the distance tie poles can project beyond docks (Section 3- 601.C.1.b). • Creates two-tier approach to deviations, including requirement that any request for deviation to the 250 foot maximum be considered by the Community Development Board, and only under certain conditions including environmental constraints (Section 3-601.C.1.g). • Exempts properties on the east side of Clearwater Harbor adjacent to the mainland from certain deviation limits because of shallow water depths in the area (Section 3-601- C.1.g.iv). Commercial Docks: • Establishes maximum length of 250 feet and limited the distance tie poles can project beyond docks (Section 3- 601.C.3.h.ii). • Includes additional requirements for deviation requests, such as incorporating language similar to the County’s variance criteria (Section 3-601-C.3.i). • Exempts properties on the east side of Clearwater Harbor adjacent to the mainland from certain deviation limits because of shallow water depths in the area (Section 3-601- C.3.i.vi). INITIATED BY: City of Clearwater Planning Department BACKGROUND: Countywide Plan Rules Article 3, Division 3.2, require that land development regulations be consistent with the criteria and standards set forth in the Countywide Rules. In keeping with this requirement, in 2007 the Pinellas Planning Council (PPC) reviewed community development codes of all Pinellas County municipalities to compare their Attachment number 2 Page 2 of 8 Community Development Board – August 18, 2009 TA2009-01002 – Page 3 codes with the Countywide Plan Rules. These reviews resulted in consistency reports indicating areas of the Code that may be inconsistent with the Countywide Plan Rules. The Planning Department met with PPC staff to review the Clearwater Consistency Report and come to an agreement as to which amendments were necessary to address the PPC’s concerns. These amendments address those consistency issues as well as other issues identified as part of the annual code update process. Suggested amendments have been collected from the Planning Department, Engineering Department, Marine and Aviation, and the City Attorney’s Office. Staff discussions occurred to make certain that the amendments are workable and not in conflict with other City codes and processes. The amendments improve the administration of the Code or regulations imposed, in order to better reflect City development patterns and improve internal processes. ANALYSIS: The Planning Department is recommending a total of 45 amendments to the Community Development Code. Some amendments present a change in current policy or a new policy. Other amendments are editorial in nature or are refinements to existing Community Development Code sections. Please find below a summary of the most noteworthy proposed amendments organized by Code Article. A brief summary of other amendments is also provided herein, and a complete summary of amendments is attached. Also attached is Ordinance No. 8043-09 which includes all of the specific amendments. Within the ordinance document, text that is underlined indicates proposed language and text containing strikethroughs indicate deletions. Article 2 – Zoning Districts Permitted Uses Location (Chart 2-100 of Ordinance, Pages 14,15, 20, 21 and 22) Ordinance No. 8043-09 provides an updated summary use chart, which correctly indicates where land uses are permitted within zoning districts. This chart provides an at-a-glance understanding of what uses are permitted and where they are permitted. The Outdoor Recreation/Entertainment use is proposed to be removed as an allowable Level One permitted use in the Institutional and Preservation Districts. Public Transportation Facilities are proposed to be removed as an allowable Level One permitted use in the Open Space/Recreation zoning district. These proposed changes ensure the districts’ uses are consistent with the Countywide Plan Rules. Overnight Accommodations in the Tourist District (Pages 10 and 12 of Ordinance) Attachment number 2 Page 3 of 8 Community Development Board – August 18, 2009 TA2009-01002 – Page 4 These amendments change the parking requirement for proposed Overnight Accommodation projects within the Tourist District. The Flexible Standard Development or Level One parking requirements for Overnight Accommodations use is proposed to increase from 1 space per unit to 1.2 spaces per unit. A range of 1 to 1.2 spaces per unit is established for parking requirements for Overnight Accommodations permitted through the Flexible Development or Level Two process in the Tourist District, and flexible criteria addressing the same are added. The amendments will ensure that overnight accommodations will provide adequate parking for both guests and employees of the hotels, and were based on Institution of Transportation Engineers (ITE) standards for resort hotels. Use Limitations (Pages 16 – 20 of Ordinance) This amendment applies limitations to certain uses within the Industrial, Research and Technology (IRT) and Open Space/Recreation (OSR) districts, consistent with the Countywide Plan Rules. • In the IRT district, office, vehicle service, vehicle sales/display, and major vehicle sales/displays uses in the Industrial General (IG) future land use designation are allowed only as accessory uses. • Prior to this amendment the existing size limitation for vehicle services uses in the Industrial Limited (IL) future land use designation applied to vehicle service uses. This amendment will limit size for major vehicle sales/displays in both the IL and IG land use designations and vehicle service in IL. • This amendment also amends the size limitations for Restaurants within IL, increasing it from 2 ½ acres to 5 acres. • Prior to this amendment a future land use map amendment was required for a utility/infrastructure use in excess of 10 acres. After the amendment, future land use map amendments will be required for utility/infrastructure uses in excess of 5 acres. • Manufacturing uses in the IRT district are limited consistent with the Countywide Plan Rules. • Outdoor recreation/entertainment uses in OSR are limited to golf courses and clubhouses. Article 3 – Development Standards Docks (Pages 22 – 24 of Ordinance) This amendment sets forth further restrictions for deviations to length requirements for docks that serve new single-family or two-family dwellings, limiting deviations to Attachment number 2 Page 4 of 8 Community Development Board – August 18, 2009 TA2009-01002 – Page 5 no more than 50 percent of the length requirements or 25 percent of the width of the waterway, whichever is less. This same restriction is applied to commercial docks. Additional amendments to the commercial docks section clarify that deviations will only be considered through a Level Two approval process to minimize impacts for environmental, navigational or recreational area issues. Lighting within Sea Turtle Nesting Areas (Page 28 and 29 of Ordinance) This amendment establishes lighting standards for light sources on Clearwater Beach and Sand Key. The proposed standards include the consideration of positioning and the use of shielding and low wattage bulbs as ways to reduce potential impacts on sea turtle nests along the beaches. To be in keeping with current evidence that lighting impacts sea turtle nesting areas, the proposed changes expand the existing language to provide better protection, and are consistent with similar ordinances in Pinellas County beach communities. Parking Garage and Parking Lot Design Amendments (Pages 29 – 32 of Ordinance) This amendment provides additional design standards for parking garages. The amendment establishes minimum clear heights throughout the garage for parking spaces and ingress/egress drive aisles to these spaces. Minimum lighting levels for garages with public access are set at minimum Illuminating Engineering Society standards. The amendment also addresses parking space design when columns project into a space. The amendment includes stacking distances when barrier gates are used within a garage, and provides standards for the slope of ramps. The amendment removes minimum distances between rights-of-way and the first parking space in a parking lot. Article 4 – Development Review and Other Procedures Hearing Officer Appeals (Page 33 of Ordinance) As requested by the Legal Department, this amendment updates the appropriate method of recording Community Development Board meetings from audiotape recordings to streaming video available on the City’s website. Additionally, the time allowed for filing a motion to supplement the record is extended from 10 days to 30 days. Transfer of Development Rights (Page 33 and 34 of Ordinance) These amendments expand requirements applicable to the transfer of development rights (TDRs) as set forth in the Countywide Future Land Use Plan. The amendments address consistency of use characteristics between sending and receiving parcel plan categories, restrictions on TDRs associated with the coastal storm area, and Attachment number 2 Page 5 of 8 Community Development Board – August 18, 2009 TA2009-01002 – Page 6 development right restrictions on parcels in the Preservation and Recreation/Open Space future land use plan categories. Other Amendments Proposed Ordinance 8043-09 includes a significant number of amendments that the Planning Department believes will assist residents and staff but do not have major policy implications. These amendments include: • Providing for an increased level of consistency among the Code, other law or rules, including the Countywide Plan Rules and the Countywide Future Land Use Map; • Clarifying the application of the sight visibility triangle by replacing images and removing language that was unclear and applying the sight visibility triangle to all waterfront properties; • Establishing a buffer requirement within the Transportation/Utility future land use category when lands are adjacent to another land use category other than Industrial General or Industrial Limited; • Replacing graphics to clarify City requirements for site lighting; and • Amending the definitions section with regard to “retail sales and services” and “vehicle sales/displays” to allow the sale, retail and/or repair of bicycles within the Commercial District, correcting the definition for “floor area ratio”, and including definitions for “beach access point”, “Clearwater Beach”, “deflected light”, “gross land area” and “Sand Key”. CRITERIA FOR TEXT AMENDMENTS: Code Section 4-601 specifies the procedures and criteria for reviewing text amendments. Any code amendment must comply with the following. 1. The proposed amendment is consistent with and furthers the goals, policies, objectives of the Comprehensive Plan. Below is a selected list of goals, policies, and objectives from the Clearwater Comprehensive Plan that are furthered by the proposed amendments to the Community Development Code. Policy A.2.2.8 All land use categories on the Future Land Use Map shall be consistent with the density and intensity standards and other standards contained in the Pinellas Planning Council Countywide Plan Rules, including criteria and standards for nomenclature, continuum of plan classifications and categories, use and locational characteristics, map delineation, other standards, and special rules. Attachment number 2 Page 6 of 8 Community Development Board – August 18, 2009 TA2009-01002 – Page 7 Policy H.1.1.8 The City shall coordinate with Pinellas Planning Council the definition and calculations for mixed uses, strategies regarding infill development, land assembly, land use conservations, and annexations to promote redevelopment. The proposed amendments include the addition of language ensuring the City’s Zoning Atlas will be consistent with the Countywide Future Land Use Map. Additional language is proposed within each zoning district to reinforce consistency with the Countywide Plan Rules. Further limitations to any uses are proposed consistent with the Countywide Plan Rules. Objective A.6.6 Tourism is a substantial element of the City’s economic base and as such the City shall continue to support the maintenance and enhancement of this important economic sector. Policy A.6.6.1 The City supports and encourages the continued development and redevelopment of overnight accommodation uses. The proposed amendments provide for enhanced parking requirements for overnight accommodations within the Tourist District, and establish flexible criteria for hotels depending on room size. Objective E.2.1 The City shall continue to protect coastal wetlands, estuaries and wildlife habitats to maintain or increase the acreage for threatened and endangered species populations. Objective E.2.2 Clearwater's barrier islands include natural resources which shall be preserved from encroachment and development. Policy F.1.3.5 Adopt and continue administering regulations providing for the protection of threatened and endangered species and species of special concern. The proposed amendments include lighting standards intended to increase the protection of sea turtles nesting on area beaches. 2. The proposed amendments further the purposes of the Community Development Code and other City ordinances and actions designed to implement the Plan. The proposed text amendments include a broad range of regulations ranging from permitted uses, standards, procedures, and definitions. The proposed amendments are consistent with the provisions of Section 1-103 that lists the purposes of the Code. Attachment number 2 Page 7 of 8 Community Development Board – August 18, 2009 TA2009-01002 – Page 8 SUMMARY AND RECOMMENDATION: The proposed amendments to the Community Development Code are consistent with and will further the goals of the Clearwater Comprehensive Plan and the purposes of the Community Development Code. The amendments further those development goals established in the Code, and existing Community Development Code provisions are amended to better reflect City development patterns and improve internal processes. Based upon the above, the Planning Department recommends APPROVAL of Ordinance No. 8043-09 that amends the Community Development Code and the Code of Ordinances. Prepared by Planning Department Staff: _______________________________________ Lauren Matzke, Planner III ATTACHMENTS: Ordinance No. 8043-09 S:\Planning Department\Community Development Code\2009 Code Amendments\TA2009-01002 - Code V PPC Consistency\Staff Report\Drafts\Ord No 8043-09 Code V - Revised CDB Staff Report REV 7-31-09.docx Attachment number 2 Page 8 of 8 Work Session Council Chambers - City Hall Meeting Date:8/17/2009 SUBJECT / RECOMMENDATION: Continue to September 17, 2009 the first reading of Ordinance 8044-09. Amendments to the Community Development Code to create a new Resort Attached Dwellings use in the Tourist District, and to establish criteria addressing accessory uses for overnight accommodations in the Commercial and Tourist Districts. (TA2009-01004) SUMMARY: Review Approval:1) Legal 2) Clerk 3) Assistant City Manager 4) Clerk 5) City Manager 6) Clerk Cover Memo Work Session Council Chambers - City Hall Meeting Date:8/17/2009 SUBJECT / RECOMMENDATION: Continue Public Hearing and First Reading of Land Use Ordinances for 2337 Gulf to Bay Blvd. to September 17, 2009. (LUZ2009- 06001) SUMMARY: Review Approval:1) Clerk Cover Memo Work Session Council Chambers - City Hall Meeting Date:8/17/2009 SUBJECT / RECOMMENDATION: Authorize additional funds to Bricklemyer, Smolker and Bolves, P.A., for continued representation of the City in several inverse condemnation litigation cases arising from the construction related to the “Beachwalk Project”, in the amount of $75,000. (consent) SUMMARY: Council has previously authorized funds from the Beachwalk Construction Project budget to pay for the City’s defense in three inverse condemnation suits arising from the Coronado Drive Improvement Portion of the Beach by Design project. These authorizations were approved in April 2007, July 2008, February 2009 and June 2009. The three pending cases are: Divaco, Inc. v. City of Clearwater; Szletcha and Kunowski d/b/a Tropical Sky Ranch Motel v. City of Clearwater; and Rudman and Rudman, d/b/a Riviera Motel v. City of Clearwater; The Divaco matter was recently heard at trial. The Szletcha and Rudman matters have been on hold pending the outcome of the Divaco trial. Due to the issues in the Divaco matter becoming substantially more difficult and complex over the last few months, the case required more time than was initially anticipated, and these funds have been depleted. At this time, additional funding in the amount of $75,000 is requested for Divaco only. This funding is available from the City Attorney’s Office outside counsel budget. This amount will be used to supplement compensation to outside counsel for the expenses associated with bringing the Divaco matter to trial and the anticipated motion of recusal to be filed by plaintiff, assuming a positive outcome and no appeal is filed. As the cases progress, we will request approval for fees and costs for those cases. Type:Operating Expenditure Current Year Budget?:Yes Budget Adjustment:None Budget Adjustment Comments: Current Year Cost:$75,000.00 Annual Operating Cost:$75,000.00 Not to Exceed:Total Cost:$75,000.00 For Fiscal Year:10/01/08 to 09/30/09 Appropriation Code Amount Appropriation Comment 010-09600-530100-514- 000-0000 $75,000.00 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 5) Clerk 6) City Manager 7) Clerk Cover Memo Work Session Council Chambers - City Hall Meeting Date:8/17/2009 SUBJECT / RECOMMENDATION: Amend Chapter 22, Code of Ordinances, to allow for certain informal recreational activities in non-designated areas and pass Ordinance 8097-09 on first reading. SUMMARY: The Clearwater Code of Ordinances currently prohibits certain informal activities involving the casual throwing of balls, including but not limited to footballs, baseballs, tennis balls, volleyballs, and shuttlecocks or Frisbees except in areas set aside for that purpose. The City Council would like to allow such informal activities in parks and on any public bathing beach unless such activity creates a threat of physical injury to any person. Organized Activity, including planned recreational activity or games having formal organization or structure, and games affiliated with membership in an organization will continue to be required to utilize areas set aside for that purpose. Type:Other Current Year Budget?:None Budget Adjustment:None Budget Adjustment Comments: Current Year Cost:Annual Operating Cost: Not to Exceed:Total Cost: For Fiscal Year: to Review Approval:1) Legal 2) Clerk 3) Assistant City Manager 4) Clerk 5) City Manager 6) Clerk Cover Memo Ordinance No. 8097-09 ORDINANCE NO. 8097-09 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, RELATING TO PARKS; AMENDING CHAPTER 22, PARKS, BEACHES, RECREATION, ARTICLE II, USE REGULATIONS, SECTION 22.49, ORGANIZED ACTIVITIES OR POTENTIALLY DANGEROUS GAMES, AMENDING SUBSECTION (B) TO PERMIT CERTAIN INFORMAL ACTIVITIES INCLUDING CASUAL BALL THROWING, UNLESS SUCH ACTIVITY CREATES A THREAT OF PHYSICAL INJURY TO ANY PERSON; PROVIDING AN EFFECTIVE DATE. WHEREAS, the Code of Ordinances currently provides that no person or persons shall engage in rough or potentially dangerous informal activities and games such as football, baseball, softball, tennis, volleyball and badminton, except in designated areas; and, WHEREAS, the City Council now finds it necessary and proper to amend the Code of Ordinances to allow for the use of beaches and parks for certain informal activities where such activities do not create a bona fide safety concern; now therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. That Chapter 22, Section 22.49 of the Code of Ordinances, City of Clearwater, Florida, is hereby amended to read as follows: Chapter 22 Parks, Beaches, Recreation * * * Article II. Use Regulations * * * Sec. 22.49. Organized activities or potentially dangerous games. (a) No person or persons shall engage in a rough or potentially dangerous Organized Aactivity such as football, baseball, softball, horseshoes, tennis, volleyball, badminton, or any other organized activity involving thrown or otherwise propelled objects such as balls, stones, arrows, javelins, shuttlecocks, frisbees, model aircraft or roller skates on any public bathing beach or park property except in areas set aside for that purpose. Attachment number 1 Page 1 of 2 2 Ordinance No. 8097-09 (b) No person or persons shall engage in rough or potentially dangerous informal activity, games or practice for such games such as, , , horseshoes, , ,; or any other games, practices or exercise involving thrown or otherwise propelled objects such as, stones, arrows, javelins, , , model aircraft; or propel a person by a wheeled device like a skateboard, roller skates, and in-line skates except in the areas set aside for that purpose. Informal activities involving the casual throwing of balls, including but not limited to footballs, baseballs, tennis balls, volleyballs, and shuttlecocks or Frisbees shall be permitted unless such activity creates a threat of physical injury to any person. * * * Section 2. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING _____________________ PASSED ON SECOND AND FINAL _____________________ READING AND ADOPTED ___________________________ Frank V. Hibbard Mayor Approved as to form: Attest: __________________________ ____________________________ Laura Lipowski Mahony Cynthia E. Goudeau Assistant City Attorney City Clerk Attachment number 1 Page 2 of 2 Work Session Council Chambers - City Hall Meeting Date:8/17/2009 SUBJECT / RECOMMENDATION: Adopt Ordinance No. 8087-09 on second reading, amending Section 2.263(1), Clearwater Code of Ordinances to provide for no salary increases for the Mayor and Councilmembers in 2010. SUMMARY: Review Approval:1) Clerk Cover Memo Ordinance no. 8087-09 ORDINANCE NO. 8087-09 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING SECTION 2.263(1), CLEARWATER CODE OF ORDINANCES TO PROVIDE FOR NO SALARY INCREASE FOR THE MAYOR AND COUNCIL MEMBERS IN JANUARY 2010; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council has determined that there should be no increases to their salaries in the Fiscal Year ending September 30, 2010; now therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. Section 2.263(1), Clearwater Code of Ordinances is here by amended as follows: Sec. 2.263. Compensation and expenses of mayor-commissioner and councilmemberscommissioners. (1) Commencing in 2000, tThe mayor-commissioner shall receive an annual salary of $18,000.00 to be paid in prorated bi-weekly amounts. Each city councilmember commissioner shall receive an annual salary of $15,000.00 to be paid in prorated bi-weekly amounts. Commencing on March 15, 2001, and every January thereafter, the annual salary of the mayor-commissioner and councilmembers commissioners shall be adjusted by the same percentage as the annual social security cost-of-living adjustment or by two percent, whichever is greater. Notwithstanding the above, the annual salary of the mayor and councilmembers shall not be increased in 2010. Section 2. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING _____________________ PASSED ON SECOND AND FINAL _____________________ READING AND ADOPTED ___________________________ Frank V. Hibbard Mayor Approved as to form: Attest: __________________________ ____________________________ Pamela K. Akin Cynthia E. Goudeau City Attorney City Clerk Attachment number 1 Page 1 of 1 Work Session Council Chambers - City Hall Meeting Date:8/17/2009 SUBJECT / RECOMMENDATION: City Manager Verbal Reports SUMMARY: Review Approval:1) Clerk Cover Memo Work Session Council Chambers - City Hall Meeting Date:8/17/2009 SUBJECT / RECOMMENDATION: Skateboarding Recommendations SUMMARY: Review Approval:1) Clerk Cover Memo I. Issue – What considerations can be made to manage skateboarding on Clearwater Beach, specifically, actions that conflict with pedestrians and damage public infrastructure? II. Background – The City of Clearwater Code of Ordinances provides for regulations of skateboarding activities in Chapter 28, Streets, Sidewalks, Other Public Places, Section 28.11, as follows: Sec. 28.11. Use of skateboards, roller skates and in-line skates prohibited on specified public or private property. (1) It is unlawful for any person to operate or ride a skateboard, roller skates or in- line skates in or upon any of the following locations: (a) In any public parking garage, including the access/egress ramp; (b) In any public access ramps or access ramps for handicapped persons providing pedestrian access to a building; (c) On any publicly owned benches, railings, planters, ceramic-tiled walkways, steps, and curbs; and (d) On any public or private property where prohibited by conspicuously located signs having lettering at least two inches high and containing as a minimum the words "No Skating," "No Skateboarding," or a substantially similar message. (2) It is unlawful for operators or riders of skateboards, roller skates or in-line skates to fail to yield the right-of-way to any other pedestrians or to otherwise endanger or interfere with pedestrian traffic on any street or sidewalk within the city. Since completion of Beachwalk, the City has grappled with enforcement of the existing ordinance and the damage being created by skateboarding activities, particularly at the Sundial Plaza. In July 2009, the City received a request from property/business owners along Mandalay Avenue requesting enforcement to preclude skateboarders in that area. Signs were posted pursuant to Section 28.11(1)(d) above, prohibiting skateboarding. Enforcement activities ensured generating media coverage of the restriction and complaints from the skateboarding community characterizing the new prohibition as a skateboarding “BAN” on Clearwater Beach. As reflected in the Attachment “A” photograph, the existing posted prohibitions are: North Mandalay Avenue – From Roundabout to Baymont Street; and South Gulfview – From Pier 60 to Hamden Drive. Otherwise, all areas on Clearwater Beach are available to the skateboarding community, but in no instance is “grinding,” as described and regulated by the restriction in Section 28.11(1)(c), above, permitted. Issues Discussion Clearwater Beach Skateboarding Considerations August 13, 2009 Attachment number 1 Page 1 of 3 On August 5, 2009, Mayor Hibbard conducted a community meeting seeking input on the existing skateboard prohibitions. A summary of the meeting is provided at Attachment “B.” A discussion item has been scheduled for August 20, 2009 for Council to consider the comments and feedback heard from the attendees at the skateboard meeting. In anticipation of same, Mayor Hibbard requested staff provide recommendations for the Council on the issue. III. Discussion – The City Manager has framed three potential alternatives to the current situation. A meeting among impacted departments has been held in discussion of the three alternatives discussed below followed by staff’s recommendations to Council at this time. A. Maintain Prohibited Areas on North Mandalay and South Gulfview. Including, considerations for: How quickly can we skate proof the infrastructure that needs it the most? Do we add more skate stops to more city infrastructure? How much do we think it will cost to do repairs per year? From an enforcement perspective, the currently posted areas (Attachment “A”) are simplest to enforce. On public sidewalks/ways, right-of-way is always given first to pedestrians. The North Mandalay area is simply too narrow to accommodate both pedestrian and skateboard activities without conflict. Pedestrian activity along Beachwalk (the trail along the western side) is intensive, particularly in the absence of the completed promenade on the east side. From an infrastructure maintenance standpoint, even with the existing prohibition, “grinding” along Beachwalk, particularly the Sundial Plaza, will continue to be a problem. Beachwalk was designed to deter this issue and we've been addressing skate proofing by adding more keystones onto the seat walls to deter grinding in the popular places. However, the current maintenance challenge exceeds what we are budgeted and resourced to handle. Because we are in our first year with Beachwalk, repair costs per year is a big variable, but given the need for pressure cleaning, sealants and other repairs, we estimate an investment of an additional $60,000+ per year to address future damages. B. Lift or Reduce the Skateboard Restrictions. Including, considerations for: How do we address the needs of skateboarders? Do we reduce the restricted area? Can we be less restrictive on Mandalay Ave? Do we restrict skateboards from the Sundial Plaza and allow them to be used elsewhere on Beachwalk? As discussed above, staff’s consensus is that North Mandalay is simply too narrow to accommodate skateboarding without pedestrian conflicts and that lifting the posted prohibition is inconsistent with the reasons for establishing same at the request of the property/business owners along the street. There are alternatives for skateboarders moving from place to place, specifically, Poinsettia Avenue. Beachwalk was originally designed with the western side trail intended for “heels and wheels,” including bicycles, rollerblading and skateboards. By its nature, skateboarding can be more intrusive on pedestrians than other “wheels,” but the Issues Discussion Clearwater Beach Skateboarding Considerations August 13, 2009 Page 2 Attachment number 1 Page 2 of 3 Beachwalk trail was designed with a width adequate to accommodate the activity – with one significant caveat – once all improvements are complete. In the absence of the 35-foot promenade on the eastern side of Beachwalk being available to pedestrians, pedestrian activity on the trail side is currently more intensive than North Mandalay. Any modification to the existing prohibition along South Gulfview is recommended to follow completion and permanent opening of the promenade. C. Build a new Skateboard Park. What are locations that might work? Mandalay Park? McKay Park? etc. Are there other structures that can be built that meet the skateboarders needs but is not a full blown park? Do we have recreation impact fees generated by new construction that can fund skate park infrastructure on the beach? To avoid building unbudgeted, unplanned facilities in response to community requests on a case-by-case basis, a Recreation Master Plan was developed several years ago. The Master Plan outlined building a single regional skate park, which we did at Ross Norton. There are no areas on the beach that meet the size needed for a skate park. Adding features at existing facilities generates new conflicts with existing uses. There are also concerns that adding features could create an additional attractor which might bring more skateboarding activity to the beach, including the currently prohibited areas As to impact fees, there is presently a negative balance in the Recreation Facility Impact Fee account due to several reimbursements for projects permitted, but never built. Finally, we are in a contraction mode from both a budgetary and facility standpoint – new facilities or features are incongruent with that status. IV. Conclusions and Recommendations – Staff recommends the City maintain the existing prohibitions along North Mandalay and South Gulfview, clarifying that Clearwater Beach does not “BAN” skateboarding. Staff further recommends the City reevaluate the prohibition on South Gulfview after the Beachwalk Promenade is permanently open from Pier 60 to Hamden Drive to consider allowing skateboards along the Beachwalk trail (western side), understanding that in no instance will “grinding” be permitted at any location and that staff will recommend prohibitions remain in place for the Sundial Plaza adjacent to the trail. We do not expect that such a future modification will measurably increase our enforcement, skate-stopping or maintenance costs, but that those will remain significant. Attachments: “A” – Photograph of Existing Posted Prohibited Areas “B” – Public Meeting on Skateboarding – August 5, 2009 Summary Issues Discussion Clearwater Beach Skateboarding Considerations August 13, 2009 Page 3 Attachment number 1 Page 3 of 3 Work Session Council Chambers - City Hall Meeting Date:8/17/2009 SUBJECT / RECOMMENDATION: Other Council Action SUMMARY: Review Approval:1) Clerk Cover Memo Work Session Council Chambers - City Hall Meeting Date:8/17/2009 SUBJECT / RECOMMENDATION: Service Awards SUMMARY: 5 Years of Service Jamie Geer Fire Review Approval:1) Clerk Cover Memo Work Session Council Chambers - City Hall Meeting Date:8/17/2009 SUBJECT / RECOMMENDATION: Diversity Leadership Council Poster Contest Award SUMMARY: Review Approval:1) Clerk Cover Memo Work Session Council Chambers - City Hall Meeting Date:8/17/2009 SUBJECT / RECOMMENDATION: ESGR presenting Clearwater Police Department Chief Klein with award. SUMMARY: Review Approval:1) Clerk Cover Memo Work Session Council Chambers - City Hall Meeting Date:8/17/2009 SUBJECT / RECOMMENDATION: US Coast Guard Presentation SUMMARY: Review Approval:1) Clerk Cover Memo Work Session Council Chambers - City Hall Meeting Date:8/17/2009 SUBJECT / RECOMMENDATION: Presentation by Chamber of Commerce - Tourism Year in Review SUMMARY: Review Approval:1) Clerk Cover Memo