11/17/2009
- City Council Agenda
Location: Council Chambers - City Hall
Date: 11/17/2009- 6:00 PM
Welcome. We are glad to have you join us. If you wish to speak, please wait to be recognized, then state your
name and address. Persons speaking before the City Council shall be limited to three (3) minutes unless
otherwise noted under Public Hearings. For other than Citizens to be heard regarding items not on the Agenda, a
spokesperson for a group may speak for three (3) minutes plus an additional minute for each person in the
audience that waives their right to speak, up to a maximum of ten (10) minutes. Prior to the item being
presented, please obtain the needed form to designate a spokesperson from the City Clerk (right-hand side of
dais). Up to thirty minutes of public comment will be allowed for an agenda item. No person shall speak more
than once on the same subject unless granted permission by the City Council. The City of Clearwater strongly
supports and fully complies with the Americans with Disabilities Act (ADA). Please advise us at least 48 hours
prior to the meeting if you require special accommodations at 727-562-4090. Assisted Listening Devices are
available. Kindly refrain from using beepers, cellular telephones and other distracting devices during the
meeting.
1. Call to Order
2. Invocation
3. Pledge of Allegiance
4. Presentations
4.1 Citizen's Academy Graduates of 2009
Attachments
4.2 Home, business, and neighborhood of the Quarter Awards
Attachments
4.3 Ironman Triathlon Presentation
Attachments
4.4 State of the City Presentation - City Manager
Attachments
5. Approval of Minutes
5.1 Approve the minutes of the November 5, 2009 City Council Meeting as submitted in written summation
by the City Clerk.
Attachments
6. Citizens to be Heard re Items Not on the Agenda
Public Hearings - Not before 6:00 PM
7. Administrative Public Hearings
- Presentation of issues by City staff
- Statement of case by applicant or representative (5 min.)
- Council questions
- Comments in support or opposition (3 min. per speaker or 10 min
maximum as spokesperson for others that have waived their time)
- Council questions
- Final rebuttal by applicant or representative (5 min.)
- Council disposition
7.1 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 13 Baywood Avenue (Lot
13, Block E, Second Edition to Eastwood Terrace in Section 18, Township 29 South, Range 16 East); and
pass Ordinances 8121-09, 8122-09 and 8123-09 on first reading.(ANX2009-08014)
Attachments
7.2 Approve a Future Land Use Plan Amendment from the Residential Medium (RM) Classification to the
Transportation/Utility Overlay and Drainage Feature Overlay with existing Residential Medium (RM)
Classification for a portion of the property located at 1980 Kings Highway (consisting of a portion of the
Florida Power Corporation easement, a portion of the drainage easement and a portion of lot 9, less the
east thirty feet in E.A. Marshall subdivision), and pass Ordinance 8116-09 on first reading.(LUZ2009-
07002)
Attachments
7.3 Approve the historic designation of the Clearwater Evening Sun Building (aka Lokey Building) located at
401 Cleveland Street [consisting of the West 1/z of Lot 7, John R. Davey's Resub of Block B (per Plat
Book H-1, Page 87, Public Records of Hillsborough County, Florida, of which Pinellas County was
formerly a part]; and Pass Ordinance 8118-09 on first reading. (HIS 2009 -0000 1)
Attachments
7.4 Approve the historic designation of the Capitol Theatre located at 405 Cleveland Street [consisting of the
East 1/z of Lot 7, plus 30 feet and 3 inches of Lot 6, John R. Davey's Resub of Block B (per Plat Book H-
1, Page 87, Public Records of Hillsborough County, Florida, of which Pinellas County was formerly a
part]; and pass Ordinance 8119-09 on first reading. (HIS2009-00002)
Attachments
7.5 Approve Amendments to the Community Development Code and the Code of Ordinances to implement
the EAR-based amendments to the Clearwater Comprehensive Plan, to bring consistency between the
Countywide Plan Rules and the Community Development Code, to address the height of non-opaque
fences on waterfront lots, adjustments to the Zoning Atlas, the clearance required for awnings, elimination
of sandwich board signs without a permit in the Downtown District, and other minor editorial changes and
pass Ordinance 8070-09 on first reading. (TA2009-03006)
Attnchmentc
8. Second Readings - Public Hearing
8.1 Adopt Ordinance 8079-09 on second reading, amending the future land use plan element of the
Comprehensive Plan of the city to change the land use for certain real property whose post office address
is 2337 Gulf-to-Bay Boulevard from Residential Medium (RM) to Commercial General (CG).
Attachments
8.2 Adopt Ordinance No. 8080-09 on second reading, amending the Zoning Atlas of the city by rezoning
certain real property whose post office address is 2337 Gulf-to-Bay Boulevard from Mobile Home Park
(MHP) to Commercial (C).
Attachments
8.3 Adopt Ordinance No. 8088-09 on second reading, amending the Comprehensive Plan of the city as
adopted on May 18, 2000, as subsequently amended, amending the capital improvement element, making
corrections and modifications pursuant to the updated schedule of the City of Clearwater's FY 2009-2010
through FY 2014-2015 Capital Improvement Program Budget adopted on September 17, 2009, and
updating the reference in Policy L 1. 1.2 to the School District's Five Year Work Program for FY 2009-
2010 through 2013-2014 as adopted by the School Board on September 15, 2009.
Attachments
8.4 Adopt Ordinance No. 8129-09 on second reading, vacating the south five feet of a ten foot drainage and
utility easement, less the west ten feet and the east five feet thereof, lying south of and adjacent to the
north property line of Lot 122, replat of Willow Ridge.
Attachments
City Manager Reports
9. Other Items on City Manager Reports
9.1 Declare the list of surplus vehicles and equipment surplus to the needs of the City and authorize disposal
through sale to the highest bidder at the Tampa Machinery Auction, Tampa, Florida, and authorize the
appropriate officials to execute same. (consent)
Attachments
9.2 Approve mortgage modification agreements for Community Service Foundation, Inc. (Fulton
Apartments) and SP Country Club Homes LLC (Country Club Homes) and authorize the appropriate
officials to execute same.
Attachments
Miscellaneous Reports and Items
10. City Attorney Reports
10.1 Authorize payment of judgment in Case 99-7479-CI-11, School Board of Pinellas County v. City of
Clearwater, in the amount of $197,295.36 plus interest of 11% per annum from September 16, 2008.
Attachments
11. City Manager Verbal Reports
11.1 City Manager Verbal Reports
Attachments
12. Council Discussion Items
12.1 Provide guidance on an employee/retiree benevolent fund to defray the cost of increased health care out of
pocket expenses.
Attachments
12.2 Commercial Foreclosures and Six Month Occupancy - Councilmember Gibson
Attachments
12.3 Communities Putting Prevention to Work - Mayor Hibbard
Attachments
12.4 County Charter Review Committee
Attachments
13. Other Council Action
13.1 Other Council Action
Attachments
14. Adjourn
?- Meeting Date:l l/17/2009
City Council Agenda
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Citizen's Academy Graduates of 2009
SUMMARY:
Ronald Altic
Mary Kate Belniak
Nancy Emineth
Mike Engelmann
Elizabeth W. Folk
Jorge Gonzalez
Ming He
Howard "Gene" Hughey
Jeff Lawlor
Peter Leach
Gina McPherson
Hal Pheeny
Keith Protonentis
Sherry Pyatok
Marianne Ryan
Mike Schratt
Ron "Smokey" Townson
Donald van Weezel
Daryl Waterman
Review Approval: 1) Clerk
Cover Memo
Item # 1
City Council Agenda
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Home, business, and neighborhood of the Quarter Awards
SUMMARY:
Meeting Date: I 1/ 17/2009
Review Approval: 1) Clerk
Cover Memo
Item # 2
City Council Agenda
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Ironman Triathlon Presentation
SUMMARY:
Meeting Date: I 1/ 17/2009
Review Approval: 1) Clerk
Cover Memo
Item # 3
City Council Agenda
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
State of the City Presentation - City Manager
SUMMARY:
Meeting Date: I 1/ 17/2009
Review Approval: 1) Clerk
Cover Memo
Item # 4
State of the City
Our Guide for Nine Years
5 Priorities
Dynamic Enough to
Allow for Positive Steps
in Economic Crisis
Meefing hdienges
Bond Rating
Improvements
Gas System Best Year
Staff Reduction Savings
Attachment number 1
Page 1 of 7
Item # 4
1
L I??L r?- - [4; f ? I?,
Police: $1.3-million
reduction
Reorganization to
improve efficiencies
Fire: 24,609 calls
Renovation of
Belcher Rd Station and
design of Main Station
Completed Station Sq Park
and Parking Garage Spaces
3 New Restaurants 7 T
Downtown
Public Art Program '
h, Events Reinvigorate District
Downtown Promenade
Complete, Boatslips
Construction Underway
East Avenue Trail
'lit Connection Improvements
Attachment number 1
Page 2 of 7
Item # 4
2
µ East Gateway
Revitalization Strategy
f Business Fagade
;.? Improvement Program
Facilitate Stakeholder
Advisory Group
Crime Watch/Walks
Sidewalk Improvements
S Gulfview Blvd Upgrades
1,000 Public Parking
Spaces in Myatt Garage
Patel Parking Lot
Expanded from 89 to 200
spaces
Alligator Creek
{
i Lake Bellevue
r.
Skycrest Traffic Calming
Attachment number 1
Page 3 of 7
Item # 4
3
$612K Stimulus funding
Updating Code for Going
Green
Paperless, Plans System
LEED Training/Certification
ironman 70.3
Clearwater Jazz Holiday
VMware for Disaster
Recovery
Granicus Minutes
Maker
Police Calls for Service
Tracking
Code Sweep
Workforce Automation
Attachment number 1
Page 4 of 7
Item # 4
4
Parks: $15.4M impact
54,235 Volunteer Hours
3,496 Youth in Sports
20,112 Swim Lessons
864 Summer Campers
50 Athletic Tournaments
Clearwater Senior Center
Funded w/ $727,500
Dept of Elder Affairs
Partnership with UPARC
at the Long Center
To Open May 2010
A Hub for Services
Hours cut 30%
Circulation down 6%
860,000 Library Visits
1.16 Million Items
Volunteers Up 500%
Teens Volunteered
2,500 Hrs
Record Summer
Rani inn
Attachment number 1
Page 5 of 7
Item # 4
5
Hama Rx--iouraes
povti1 110) 'tl'llil_e1I
yr?
Ways to Reduce
Health Care Costs
City Wellness Initiative
....... .........................
.a
No FOP Increases 2010
Retirement Incentives
Eliminated 93 Positions
Transitioned Displaced'
Employees
Reduced Budget
$1.635-million
Planning & Development Services
Equity Services In City Manager Office:
Neighborhoods to Public Communication
Systems Analysts to Info Technology
Construction Division to Engineering
Beach Lifeguards to Parks & Recreation
Attachment number 1
Page 6 of 7
Item # 4
6
More Reductions in 2010
Decline Levels Off
Different Kind of Future
Vision Constant/New
Opportunities
Innovative City to Emulate
State of the City
??et1n? ate:
Attachment number 1
Page 7 of 7
Item # 4
7
City Council Agenda
Council Chambers - City Hall
Meeting Date: I 1/ 17/2009
SUBJECT / RECOMMENDATION:
Approve the minutes of the November 5, 2009 City Council Meeting as submitted in written summation by the City Clerk.
SUMMARY:
Review Approval: 1) Clerk
Cover Memo
Item # 5
Attachment number 1
Page 1 of 14
CITY COUNCIL MEETING MINUTES
CITY OF CLEARWATER
November 5, 2009
Present: Mayor Frank Hibbard, Vice-Mayor Paul Gibson, Councilmember George N.
Cretekos, and Councilmember John Doran.
Absent: Councilmember Carlen Petersen
Also William B. Horne II - City Manager, Jill S. Silverboard - Assistant City
present: Manager, Rod Irwin - Assistant City Manager, Pamela K. Akin - City Attorney,
Cynthia E. Goudeau - City Clerk, and Rosemarie Call - Management Analyst.
Unapproved
To provide continuity for research, items are in agenda order although not
necessarily discussed in that order.
1. Call to Order
The meeting was called to order at 6:00 p.m. at City Hall.
2. Invocation - Reverend Doctor John R. Thompson of Countryside Christian
Center
3. Pleda2 of 'Al!--;--?e -_MaKor Frank Hibbard
4. Presentations - Given
4.1 Jazz Holiday
The City was thanked for its support. A framed poster for this year's Holiday, signed by
all of the performers, and a 30th Anniversary book were presented to the City.
4.2 Iron an Triathlon - Kevin unbar arks and Recreation Director
Parks and Recreation Director Kevin Dunbar thanked staff for their efforts and reviewed
proposed traffic changes. Event activities and traffic changes are available online at
www.myclearwater.com/ironman.
4.3 World Planning ay Proclamation - November 8, 2009
5. Approval of Minutes
5.1 Aprov the minutes of the October 22, 2009 City Council Meeting as submitted
Council 2009-11-05 Item #15
Attachment number 1
Page 2 of 14
in written summation y the City Clerk.
Councilmember John Doran moved to approve the minutes of the October 22, 2009 City
Council Meeting as submitted in written summation by the City Clerk. The motion was
duly seconded and carried unanimously.
6. Citizens Dan Swanson - expressed potential safety concerns with upcoming Segway
rental business.
Mike Groham and David Hemerick expressed concerns with proposed
Coronado/Hamden one-way pair on the beach.
The pool, as designed, meets current Community Development Code
requirements.
Progress Energy, Knology, Bright House and Verizon have no objections to the
vacation request.
There are no City-owned utilities in the easement portion subject of the vacation
request and no future need for the easement portion is anticipated.
The Engineering Department has no objections to the vacation requested.
Vice-Mayor Paul Gibson moved to approve the applicant's request to vacate
the south 5 feet of a 10-foot drainage and utility easement lying along the
north property line of Lot 122, Replat of Willow Ridge, (AKA 1932 Hastings
Lane), less the West 10 feet and the East 5 feet thereof. The motion was duly
seconded and carried unanimously.
Ordinance 8129-09 was presented for first reading and read by title only.
Councilmember John Doran moved to pass Ordinance 8129-09 on first reading. The
motion was duly seconded and upon roll call the vote was:
Council 2009-11-05 Item #Z
Attachment number 1
Page 3 of 14
"Ayes": Councilmember George N. Cretekos, Councilmember John Doran, Vice-Mayor
Paul Gibson and Mayor Frank Hibbard.
"Nays": None.
Absent: Councilmember Carlen Petersen.
It was stated that discussion of the Coronado/Hamden one-way pair on the beach will
be discussed at the December 3, 2009 meeting.
As part of the continuing review of the City's affordable housing programs, staff
conducted a physical inspection of each parcel on the inventory list. After further
review, 27 of 29 parcels have been determined to be inappropriate for affordable
housing. Of the original 29 properties, 23 are located in the Community
Redevelopment Agency (CRA) area, mostly in the Town Lake Business District,
and are more appropriate to be available for redevelopment than for affordable
housing. Four of the properties are too small and narrow for the development of
any housing. The remaining two parcels are appropriate for the list. For this
reason, the 2008 Affordable Housing Inventory List needs to be revised to reflect
this assessment.
The state statute includes that the governing body of each municipality must
review the proposed affordable housing inventory list at a public hearing, and may
revise the list at the conclusion of the hearing. Following the public hearing the
local governing body must adopt a resolution that includes an inventory list of
such property deemed appropriate for affordable housing development.
The revised inventory list includes the address and legal description of each
property, and specifies whether the property is vacant or improved.
Section (1) of the statutory amendment requires that every three years each
municipality prepare an inventory list of all real property within its jurisdiction to
which the municipality holds fee simple title that is appropriate for use as
affordable housing.
Council 2009-11-05 Item #?b
Attachment number 1
Page 4 of 14
Councilmember George N. Cretekos moved to revise the 2008 Affordable
Housing Inventory List pursuant to requirements of Chapter 166.0451, Florida
Statutes. The motion was duly seconded and carried unanimously.
Resolution 09-41 was presented and read by title only. Vice-Mayor Paul Gibson moved
to adopt Resolution 09-41. The motion was duly seconded and upon roll call the vote
was:
"Ayes": Councilmember George N. Cretekos, Councilmember John Doran, Vice-Mayor
Paul Gibson and Mayor Frank Hibbard.
"Nays": None.
Absent: Councilmember Carlen Petersen.
7.3 prov amendments to the Capital Improvements Element (CI of the
Clearwater Co or h nsive Ian ain modifications oursuant to the City of
Council 2009-11-05 Item #1b
Attachment number 1
Page 5 of 14
The staff report and Ordinance 8088-09 contain further analysis and information
on the proposed amendment. The Community Development Board (CDB)
will review the proposed amendments at its public hearing of October 20, 2009.
The Planning Department will report the Board's recommendation at the City
Council meeting.
Councilmember John Doran moved to approve amendments to the Capital
Improvements Element (CIE) of the Clearwater Comprehensive Plan making
modifications pursuant to the City of Clearwater's Capital Improvement
Program budget adopted on September 17, 2009 and updating the reference
to the School Districts Five-Year Work Program for FY2009/10 through
2013/14 as adopted by the School Board on September 15, 2009. The motion
was duly seconded and carried unanimously.
Ordinance 8088-09 was presented for first reading and read by title only.
Councilmember George N. Cretekos moved to pass Ordinance 8088-09 on first
reading. The motion was duly seconded and upon roll call the vote was:
"Ayes": Councilmember George N. Cretekos, Councilmember John Doran, Vice-Mayor
Paul Gibson and Mayor Frank Hibbard.
"Nays": None.
Absent: Councilmember Carlen Petersen.
8. Second Readings - Public Hearing
8.1 opt Ordinance 8098-09 on second reading, amending the Co unit
Development Cod to allow outdoor automobile, boat, an recreational vehicle
shows and, provide standards for such shows.
Ordinance 8098-09 was presented for second reading and read by title only. Vice-
Mayor Paul Gibson moved to adopt Ordinance 8098-09 on second and final reading.
The motion was duly seconded and upon roll call the vote was:
"Ayes": Councilmember George N. Cretekos, Councilmember John Doran, and Vice-
Mayor Paul Gibson.
"Nays": Mayor Frank Hibbard.
Absent: Councilmember Carlen Petersen.
Council 2009-11-05 Item #?
Attachment number 1
Page 6 of 14
Motion carried.
8.2 Adopt Ordinance 8110-09 on second reading, annexing certain r al prop rty
whose ost office addr ss is 1408 Citrus Street , together with the abutting ri. ht of
way of Citrus tre t, into the corporate li its of th city and redefining the
boundarv lines of the city to include said addition.
Ordinance 8110-09 was presented for second reading and read by title only.
Councilmember John Doran moved to adopt Ordinance 8110-09 on second and final
reading. The motion was duly seconded and upon roll call the vote was:
"Ayes": Councilmember George N. Cretekos, Councilmember John Doran, Vice-Mayor
Paul Gibson and Mayor Frank Hibbard.
"Nays": None
Absent: Councilmember Carlen Petersen.
8.3 Adopt Ordinance 8111-09 on second reading, amending the future land us plan
element of the Comprehensive Ian o the city to si_ nat the land use for
certain r al prop rty whose post office address is 1408 Citrus Street, together with
th abutting right of way of Citrus Street, upon annexation into th city, as
Residential Low L
Ordinance 8111-09 was presented for second reading and read by title only.
Councilmember George N. Cretekos moved to adopt Ordinance 8111-09 on second
and final reading. The motion was duly seconded and upon roll call the vote was:
"Ayes": Councilmember George N. Cretekos, Councilmember John Doran, Vice-Mayor
Paul Gibson and Mayor Frank Hibbard.
"Nays": None
Absent: Councilmember Carlen Petersen.
8.4 Adopt Ordinance 8112-09 on second reading
, amending the Zoning Atlas of the
cit y zonin certain real prop qy whoa post office address is 1408 Citrus
Street, together with the abutting right of way of Citrus Street, upon ann xation
into th city, as Low eiu Density Residential (LYDR ).
Council 2009-11-05 Item #F5
Attachment number 1
Page 7 of 14
Ordinance 8112-09 was presented for second reading and read by title only. Vice-
Mayor Paul Gibson moved to adopt Ordinance 8112-09 on second and final reading.
The motion was duly seconded and upon roll call the vote was:
"Ayes": Councilmember George N. Cretekos, Councilmember John Doran, Vice-Mayor
Paul Gibson and Mayor Frank Hibbard.
"Nays": None
Absent: Councilmember Carlen Petersen.
8.5 Adopt Ordinance 8113-09 on second reading, annexing certain real _property
whose ost office addr ss is 1876 ylvan Drive into the corporat limits of the city
and re fining the ounarv lines of the citv to include said addition.
Ordinance 8113-09 was presented for second reading and read by title only.
Councilmember John Doran moved to adopt Ordinance 8113-09 on second and final
reading. The motion was duly seconded and upon roll call the vote was:
"Ayes": Councilmember George N. Cretekos, Councilmember John Doran, Vice-Mayor
Paul Gibson and Mayor Frank Hibbard.
"Nays": None
Absent: Councilmember Carlen Petersen.
8.6 Adopt Ordinance 8114-09 o second reading, amending the future land us plan
element of th Co prep nsive Ian of the city to si, nat the land use for
certain real _property whose post office address is 1876 yIvan riv 9 upon
annexation into the city. as Residential Urban (RU).
Ordinance 8114-09 was presented for second reading and read by title only.
Councilmember George N. Cretekos moved to adopt Ordinance 8114-09 on second
and final reading. The motion was duly seconded and upon roll call the vote was:
"Ayes": Councilmember George N. Cretekos, Councilmember John Doran, Vice-Mayor
Paul Gibson and Mayor Frank Hibbard.
"Nays": None
Council 2009-11-05 Item #T
Attachment number 1
Page 8 of 14
Absent: Councilmember Carlen Petersen.
8.7 Adopt Ordinance 8115-09 on second reading
, amending the Zoning Atlas of the
city by zoning certain real property whoa post office address is 1876 Ivan
riv, upon ann xation into the city, as Low Medium Density si ntial ( ).
Ordinance 8115-09 was presented for second reading and read by title only. Vice-
Mayor Paul Gibson moved to adopt Ordinance 8115-09 on second and final reading.
The motion was duly seconded and upon roll call the vote was:
"Ayes": Councilmember George N. Cretekos, Councilmember John Doran, Vice-Mayor
Paul Gibson and Mayor Frank Hibbard.
"Nays": None
Absent: Councilmember Carlen Petersen.
8.8 A oot Ordinance 8120-09 on second rea in . r scin in Ordinance 8085-09 and
vacating the east five feet of the ten-foot raina, e easement lying ast of and
aac nt to the eat prop rty line of Lot Block V, Hibiscus Gardens.
Ordinance 8120-09 was presented for second reading and read by title only.
Councilmember John Doran moved to adopt Ordinance 8120-09 on second and final
reading. The motion was duly seconded and upon roll call the vote was:
"Ayes": Councilmember George N. Cretekos, Councilmember John Doran, Vice-Mayor
Paul Gibson and Mayor Frank Hibbard.
"Nays": None
Absent: Councilmember Carlen Petersen.
City Manager Reports
9. ConsentAgenda
9.1 Adopt a policy for the disposition of city-owned real property for the purposes of
workforce or affordable housing to meet Florida Statutes Chapter 166.0451 and
City Charter provision 2.01(d)(5). (consent)
9.2 Accept a three part Gas Main and Utilities Easement containina a total of 7.036
square feet, more or less, to encumber a portion of Tracts 34, 35 and 37 of the
Tampa and Tarpon Springs Land Company's Subdivision, Pasco County, Florida,
Council 2009-11-05 Item #6
Attachment number 1
Page 9 of 14
conveyed by Ramco-Gershenson Properties Limited Partnership, given in
consideration of receipt of $10.00 and the benefits to be derived therefrom.
consent
9.3 Approve additional waiver of fees in the amount of $11,864 for the Ironman 2009
event, to cover the cost of potential lost parking revenue to the parking fund for
use of additional lots on Clearwater Beach. (consent)
9.4 Appoint Paul E. Maser to the Board of Trustees, Clearwater Police Supplementary
Pension Fund for a two year term from November 1, 2009 through October 31,
2011. (consent)
9.5 Approve a Contract (Blanket Purchase Order) to Fleet Products Inc. of Tampa, FL
in the amount of $160,000 for the purchase of replacement vehicle parts used by
all City Departments during the contract period December 1, 2009 through August
11, 2010 in accordance with Sec. 2.564(1)(d), Code of Ordinances - City of
Tampa Bid 410051205 and authorize the appropriate officials to execute same.
consent
9.6 Award a contract (Purchase Order) for $412,960.00 to Duval Ford of Jacksonville,
FL for 16 Ford Crown Victoria Police Cruisers in accordance with Sec 2.564(1)(d),
Code of Ordinances - Other governmental bid, authorize lease purchase in the
amount of $180,670.00 under the City's Master Lease Purchase Agreement and
authorize the appropriate officials to execute same. (consent)
9.7 Accept a Blanket Water Main and Utilities Easement over, under and across a
portion of the Northwest 1 /4 of the Northeast 1 /4 of Section 17, Township 29
South, Range 16 East conveyed by Island In The Sun Co-Op, Inc., a Florida not-
for-profit cooperation, in consideration of receipt of $10.00 and the benefits to be
derived therefrom. (consent)
9.8 Authorize the Citv Attornev's Office to institute a civil action on behalf of the Ci
against Advanced Communications, LLC, whose employees broke a water main
near the intersection of Bertland Way and Chenango Avenue, Clearwater,
washing out the roadway and resulting in damage to a City vehicle. (consent)
Councilmember George N. Cretekos moved to approve the Consent Agenda as
submitted and that the appropriate officials be authorized to execute same. The motion
was duly seconded and carried unanimously.
10. Other Items on City Manager Reports
Fiscal conditions have led the City of Clearwater to consider efficiency reviews to
Council 2009-11-05 Item #%
Attachment number 1
Page 10 of 14
re-examine spending and operations. The reviews are intended to help the City of
Clearwater determine priority customer service areas and ways to improve
efficiency and reduce costs. In completing an efficiency review, the City of
Clearwater has two primary goals: (1) lowering spending and saving money in the
short term, and (2) improving performance and yielding additional savings in the
long term.
Purpose and Scope of Fire Efficiency Review
The key focus shall be to determine and review core services then identify budget
limits and performance targets for each core service. This short-term review can
clarify greater changes that can be made within the department or one of its
processes to improve efficiency in the long-term. Options include maintaining a
program, restructuring or cutting back a program, outsourcing a program, or
eliminating the program altogether. When focusing on ways to improve
departmental efficiency, the key focus should be to first determine the most
effective organizational structure to deliver core services. Secondly, develop
effective performance measures while maintaining the standards required for fire
department accreditation through the Center for Public Safety Excellence,
(CPSE), and the commitments as outlined by the Pinellas County Fire and EMS
contracts.
II. Scope of Work:
1. Organizational Structure: Examine and review the following aspects of the
organization.
a. Organizational progress and changes since last management study by MGT of
America dated March 10, 2004.
b. The number, type, and purpose of stations, units, bureaus and their functions;
the number and type of personnel and other resources allocated to them.
c. The number and type of line and staff personnel and the relationship between
them, to include the extent to which authority and responsibility is properly
allocated between them and the manner in which their efforts are planned,
directed, coordinated, and supervised by Department administration.
d. Comparative analysis of the management structure and ratio of administrative
to front line fire service personnel.
e. Benchmark the critical areas of the department's staffing with those of similar
departments, both inside and outside of Pinellas County, as well as compare to
"best practices" in the delivery of fire department services.
2. Management/Administration
a. Evaluate responsibilities, special assignments, and workload of department
sworn and non-sworn administrative staff.
b. Assess management's problem identification, long-term planning, and
organizational development strategies.
c. Provide observations and recommendations regarding command structure.
Council 2009-11-05 Item 4(b
Attachment number 1
Page 11 of 14
d. Review of succession planning to senior management positions.
e. Evaluate communication and interaction with officers, line personnel, union
representatives, command, and other management staff.
3. Operations, Support Services, Fire Prevention, EMS, and Technology
a. Evaluate technology systems, equipment, and staff use/capability and make
recommendations to enhance productivity and effectiveness.
b. Assess department policies and procedures and collective bargaining
provisions that impact the efficient operations of the department.
c. Benchmark the critical areas of the department's operations with those of
similar size departments, both inside and outside of Pinellas County.
4. Review of other areas/issues deemed necessary by the consultant to meet the
goals of this study.
It was stated that staff will meet with Matrix representatives before the efficiency review
is underway. The review will also include EMS response protocols and comparison to
other fire departments.
Councilmember George N. Cretekos moved to approve agreement with Matrix
C G, Inc d/b/a Matrix Consulting Group, Ltd in the amount of $89,000, to
perform an efficiency review of the Clearwater Fire Department, in
accordance with Code Section 2.564(d), other governmental Bid (Seminole
County RFP-1187-06/TRJ, Fire/Rescue/EMS Comprehensive System
Assessment issued October 4, 2006), funding to be provided out of General
Fund unappropriated retained earnings, and authorize the appropriate officials
to execute the same. The motion was duly seconded and carried
unanimously.
10.2 County id School Zone Improvement Program - solution 09-
Vice-Mayor Paul Gibson moved to support the Countywide School Zone Improvement
Program. The motion was duly seconded and carried unanimously.
Resolution 09-48 was presented and read by title only. Councilmember John Doran
moved to adopt Resolution 09-48. The motion was duly seconded and upon roll call the
vote was:
"Ayes": Councilmember George N. Cretekos, Councilmember John Doran, Vice-Mayor
Paul Gibson, and Mayor Frank Hibbard.
"Nays": None.
Council 2009-11-05 Item 415
Attachment number 1
Page 12 of 14
Absent: Councilmember Carlen Petersen.
10.3 ropose Local ill for 2010 tat e, islativ Session - Clearwater
orin
at rfront9 removing reverter clause.
The Marina property is outdated and needs to be redeveloped.
The proposed bill brings the outdated language of the 1925 Special Act land grant
to be consistent with the current legislative policy for recreational and commercial
Working Waterfronts.
This bill will require us to be in compliance with applicable Florida law related to
waterfront property in the State of Florida.
More specifically, the proposed bill impacts the upland portion of the municipal
marina property, and releases the state reverter clause only to the extent that the
property is redeveloped in accordance with the current policies and law of the
State for working waterfront properties including the Florida Coastal Management
Program, the Waterfronts Florida Program, the City Comprehensive Plan and the
Code of Ordinances. The proposed bill does not have any impact on the 2007
Local Bill 1585 requirement for a site-specific referendum if the "existing public
land use designation" is changed. Further, the proposed bill requires a site-
specific referendum if the City sells the subject upland property.
The bill, following the intent of Working Waterfronts, maintains the availability of
public access to the navigable waters of the State.
It was noted the Council previously directed the local bill be submitted for the 2010
State Legislative Session. Since that time the bill has been revised to remove Memorial
Causeway and to require a referendum to sell the property.
It was stated that any change from the current Transportation Utility designation, or sale
of property, will require a referendum. The city could not lease to build a hotel without a
referendum to change the land use. If the land use is changed, the city could lease the
property without a referendum for up to 30 years with a possible 30-year renewal.
Five individuals expressed concerns with 4 in opposition.
Three individuals spoke in support.
In response to a concern, it was stated that TU Land Use allows marina, airport and
utility. A parking garage may be built on the property without a referendum.
Councilmember George N. Cretekos moved to approve the revised local bill. The
motion was duly seconded and carried unanimously.
Council 2009-11-05 Item 4Z
Attachment number 1
Page 13 of 14
Miscellaneous Reports and Items
11. City Manager Verbal Reports
11.1 Estimated ours for Beach Hotel Density Pool riteria
Planning and Development Services Director Michael Delk said staff estimates 120
hours are needed to create a design model illustrating different examples within current
code parameters.
Discussion ensued with consensus for staff to provide illustrative models of potential
increased setback and other design criteria for the hotel density pool and associated lot
assemblage scenarios.
11.2 Sidewalks in East Gateway
Economic Development and Housing Director Ger Campos Lopez said staff has been
working with the East Gateway Stakeholder Advisory Group to address sidewalk gaps
in the neighborhood, beginning with streets exhibiting poor levels of service. The city is
short of meeting the 51 % property owner approval threshold. Current city practice is to
seek the consent of property owners in the neighborhood where a sidewalk project is
proposed. Ms. Campos Lopez said a high proportion of the property owners are
absentee landowners and investors, not by residents whose quality of life is directly
impacted by lack of basic infrastructure. The property owners have not responded to
the petition drives but residents have expressed a need for sidewalks.
Consensus was to exempt East Gateway from the 51 % property owner approval
requirement for sidewalk installation. Staff was directed to mail notices to affected
property owners.
12. Other Council Action
12.1 Other Council Action
Councilmembers reported on events in which they recently participated and
reviewed upcoming events.
Council 2009-11-05 Item 4?b
Attachment number 1
Page 14 of 14
r
The meeting was adjourned at 7:43 p.m.
Attest
City Clerk
Mayor
City of Clearwater
Council 2009-11-05 Item 41b
?- Meeting Date: I 1/ 17/2009
City Council Agenda
Council Chambers - City Hall
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 13 Baywood Avenue (Lot 13, Block E, Second Edition to Eastwood
Terrace in Section 18, Township 29 South, Range 16 East); and pass Ordinances 8121-09, 8122-09 and 8123-09 on first reading.
(ANX2009-08014)
SUMMARY:
This voluntary annexation petition involves a 0.17-acre property consisting of one parcel of land occupied by a single-family
dwelling. It is located on the east side of Baywood Avenue, approximately 110 feet north of Eastwood Drive. The applicant is
requesting annexation in order to receive sanitary sewer and solid waste service from the City. Annexation of the property will
eliminate an enclave. The property is contiguous to existing City boundaries to the north, south, east, and west. 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 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 Baywood Avenue right-of-way and the applicant has paid the City's sewer impact and assessment fees and is
aware of the additional costs to extend City sewer service to this property. Collection of solid waste will be provided by
the City of Clearwater. The property is located within Police District III and service will be administered through the
district headquarters located at 2851 N. McMullen Booth Road. Fire and emergency medical services will be provided to
this property by Station 49 located at 565 Sky Harbor Drive. 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 north, south, east and west; therefore
the annexation is consistent with Florida Statutes Chapter 171.044.
Cover Memo
Review Approval: 1) Legal 2) Clerk 3) Assistant City Manager 4) Clerk 5) City Manager 6) Clerk Item # 6
Attachment number 1
Page 1 of 7
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LOCATION MAP
Owner: Aglae C. Rodrigues Case: ANX2009-08014
Site: 13 Baywood Avenue Property 0.172
Size Acres :
Land Use Zoning
From : RU
To: RU
PIN:
R-3
LMDR Atlas Page:
18-29-16-24246-005-0130
290A
S:APlanning Department\C D B\Annexations\ANX - 2009\ANX2009-08014 - 13 Baywood Avenue - Rodrigues\Maps\ANX2009-08014
LOCATION MAP.doc Item # 6
Attachment number 1
Page 2 of 7
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Owner: Aglae C. Rodrigues Case: ANX2009-08014
Site: 13 Baywood Avenue Property 0.172
Size Acres :
Land Use Zoning
PIN: 18-29-16-24246-005-0130
From : RU R-3
To: RU LMDR Atlas Page: 290A
S:APlanning DepartmentT D B\Annexations\ANX - 2009\ANX2009-08014 - 13 Baywood Avenue - Rodrigues\Maps\ANX2009-08014
AERIAL PHOTOGRAPH.doc Item # 6
Attachment number 1
Page 3 of 7
PROPOSED ANNEXATION MAP
Owner: Aglae C. Rodrigues Case: ANX2009-08014
Site: 13 Baywood Avenue Property 0.172
Size Acres :
Land Use Zoning
PIN: 18-29-16-24246-005-0130
From : RU R-3
To: RU LMDR Atlas Page: 290A
S:APlanning Department\C D B\Annexations\ANX - 2009\ANX2009-08014 - 13 Baywood Avenue - Rodrigues\Maps\ANX2009-08014
PROPOSED ANNEXATION MAP.doc Item # 6
Attachment number 1
Page 4 of 7
FUTURE LAND USE MAP
Owner: Aglae C. Rodrigues Case: ANX2009-08014
Site: 13 Baywood Avenue Property 0.172
Size Acres :
Land Use Zoning
PIN: 18-29-16-24246-005-0130
From : RU R-3
To: RU LMDR Atlas Page: 290A
S:APlanning Department\C D B\Annexations\ANX - 2009\ANX2009-08014 - 13 Baywood Avenue - Rodrigues\Maps\ANX2009-08014
FUTURE LAND USE MAP.doc Item # 6
Attachment number 1
Page 5 of 7
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ZONING MAP
Owner: Aglae C. Rodrigues Case: ANX2009-08014
Site: 13 Baywood Avenue Property 0.172
Size Acres :
Land Use Zoning
PIN: 18-29-16-24246-005-0130
From : RU R-3
To: RU LMDR Atlas Page: 290A
S:APlanning DepartmentT D B\Annexations\ANX - 2009\ANX2009-08014 - 13 Baywood Avenue - Rodrigues\Maps\ANX2009-08014
ZONING MAP.doc Item # 6
Attachment number 1
Page 6 of 7
EXISTING SURROUNDING USES MAP
Owner: Aglae C. Rodrigues Case: ANX2009-08014
Site: 13 Baywood Avenue Property 0.172
Size Acres :
Land Use Zoning
PIN: 18-29-16-24246-005-0130
From : RU R-3
To: RU LMDR Atlas Page: 290A
S:APlanning Department\C D B\Annexations\ANX - 2009\ANX2009-08014 - 13 Baywood Avenue - Rodrigues\Maps\ANX2009-08014
EXISTING SURROUNDING USES MAP.doc Item # 6
Attachment number 1
Page 7 of 7
View looking east at the subject property, 13 Baywood Avenue
South of the subject property
4
Across street, to west of the subject property
t
View looking northerly along Baywood Avenue View looking southerly along Baywood Avenue
ANX2009-08014
Rodrigues, Aglae C. Item # 6
13 Baywood Avenue
?11 I -
Attachment number 2
Page 1 of 1
ORDINANCE NO. 8121-09
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
ANNEXING CERTAIN REAL PROPERTY LOCATED ON THE
EAST SIDE OF BAYWOOD AVENUE APPROXIMATELY 110
FEET NORTH OF EASTWOOD DRIVE, CONSISTING OF LOT
13, BLOCK E, SECOND ADDITION TO EASTWOOD TERRACE,
WHOSE POST OFFICE ADDRESS IS 13 BAYWOOD AVENUE,
INTO THE CORPORATE LIMITS OF THE CITY, AND
REDEFINING THE BOUNDARY LINES OF THE CITY TO
INCLUDE SAID ADDITION; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the owner of the real property described herein and depicted on the map
attached hereto as Exhibit A has petitioned the City of Clearwater to annex the property into the
City pursuant to Section 171.044, Florida Statutes, and the City has complied with all applicable
requirements of Florida law in connection with this ordinance; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. The following-described property is hereby annexed into the City of Clearwater
and the boundary lines of the City are redefined accordingly:
Lot 13, Block E, Second Addition to Eastwood Terrace according to map or plat
thereof as recorded in Plat Book 52, Page 49, Public Records of Pinellas County,
Florida (ANX2009- 08014)
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:
Leslie K. Dougall-Sides
Assistant City Attorney
Attest:
Cynthia E. Goudeau
City Clerk
Item # 6
Ordinance No. 8121-09
Attachment number 3
Page 1 of 1
ORDINANCE NO. 8122-09
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
EAST SIDE OF BAYWOOD AVENUE APPROXIMATELY 110
FEET NORTH OF EASTWOOD DRIVE, CONSISTING OF LOT
13, BLOCK E, SECOND ADDITION TO EASTWOOD TERRACE,
WHOSE POST OFFICE ADDRESS IS 13 BAYWOOD AVENUE,
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 13, Block E, Second Addition to Eastwood Residential Urban
Terrace according to map or plat thereof as (RU)
recorded in Plat Book 52, Page 49, Public Records
of Pinellas County, Florida (ANX2009- 08014)
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. 8121-09.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Approved as to form:
Leslie K. Dougall-Sides
Assistant City Attorney
Frank V. Hibbard
Mayor
Attest:
Cynthia E. Goudeau
City Clerk
Item # 6
Ordinance No. 8122-09
Attachment number 4
Page 1 of 1
ORDINANCE NO. 8123-09
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY
BY ZONING CERTAIN REAL PROPERTY LOCATED ON
THE EAST SIDE OF BAYWOOD AVENUE
APPROXIMATELY 110 FEET NORTH OF EASTWOOD
DRIVE, CONSISTING OF LOT 13, BLOCK E, SECOND
ADDITION TO EASTWOOD TERRACE, WHOSE POST
OFFICE ADDRESS IS 13 BAYWOOD AVENUE, UPON
ANNEXATION INTO THE CITY OF CLEARWATER, AS
LOW MEDIUM DENSITY RESIDENTIAL (LMDR);
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the assignment of a zoning district classification as set forth in this
ordinance is found to be reasonable, proper and appropriate, and is consistent with the
City's comprehensive plan; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF CLEARWATER, FLORIDA:
Section 1. The following described property located in Pinellas County, Florida, is
hereby zoned as indicated upon annexation into the City of Clearwater, and the zoning
atlas of the City is amended, as follows:
Property Zoning District
Lot 13, Block E, Second Addition to Eastwood Low Medium Density
Terrace according to map or plat thereof as Residential (LMDR)
recorded in Plat Book 52, Page 49, Public Records
of Pinellas County, Florida (ANX2009- 08014)
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. 8121-09.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Approved as to form:
Frank V. Hibbard
Mayor
Attest:
Leslie K. Dougall-Sides Cynthia E. Goudeau
Assistant City Attorney City Clerk Item # 6
Ordinance No. 8123-09
?- Meeting Date: I 1/ 17/2009
City Council Agenda
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Approve a Future Land Use Plan Amendment from the Residential Medium (RM) Classification to the Transportation/Utility
Overlay and Drainage Feature Overlay with existing Residential Medium (RM) Classification for a portion of the property located
at 1980 Kings Highway (consisting of a portion of the Florida Power Corporation easement, a portion of the drainage easement
and a portion of lot 9, less the east thirty feet in E.A. Marshall subdivision), and pass Ordinance 8116-09 on first reading.
(LUZ2009-07002)
SUMMARY:
This future land use plan (FLUP) amendment application is related to a previous land use and zoning amendment known as 1980
Kings Highway (LUZ2006-08004), which was requested by the previous owner, New Zion Missionary Baptist Church. The
request was to change from the Institutional (INS) land use category to the Residential High (RH) category and to change the
zoning from the Institutional (I) District to High Density Residential (HDR) District. The request was not approved as proposed,
but a change to the Residential Medium (RM) future land use plan category and Medium Density Residential (MDR) zoning
designation was granted. The Pinellas Planning Council recommended approval of the change, with the condition that the
Transportation/Utility Overlay and Drainage Feature Overlay categories be added to the southern portion of the property to reflect
the existing utility (Progress Energy) and drainage (City) easements. The Board of County Commissioners acting as the
Countywide Planning Authority approved this recommendation on March 13, 2007. At the time of approval, the City's
Comprehensive Plan did not include the two overlays; therefore, a Comprehensive Plan amendment was necessary in order for the
condition to be met. The amendment which added the two overlays was part of the Evaluation and Appraisal Report-based
amendments to the Comprehensive Plan which were adopted by the City Council in December, 2008 and approved by the
Department of Community Affairs in February, 2009.
The current amendment involves the southerly portion of the property, comprising approximately 0.65 acres in area. This
amendment is to add the Transportation/Utility Overlay and Drainage Feature Overlay, along with the existing Residential
Medium (RM) classification in order to meet the condition of the previous future land use plan amendment as described above.
The Planning Department has determined that the proposed future land use plan amendment, as recommended, is consistent with
the following standards specified in the Community Development Code:
The proposed land use plan amendment is consistent with the Comprehensive Plan, and the Countywide Plan Rules
The proposed use is compatible with the surrounding area.
Sufficient public facilities are available to serve the property.
The application will not have an adverse impact on the natural environment.
Please refer to the land use plan amendment (LUZ2009-07002) staff report for the complete analysis.
In accordance with the Countywide Plan Rules, this future land use plan amendment is subject to approval by the Pinellas Planning
Council and Board of County Commissioners acting as the Countywide Planning Authority. Based on the size of the parcel, review
and approval by the Florida Department of Community Affairs is not required.
The Community Development Board reviewed this application at its public hearing on October 20, 2009 and unanimously
recommended approval of the Future Land Use Plan amendment.
Item # 7
Review Approval: 1) Legal 2) Clerk 3) Assistant City Manager 4) Clerk 5) City Manager 6) Clerk
Attachment number 1
Page 1 of 7
CDB Meeting Date: October 20, 2009
Case Number: LUZ2009-07002
Owner/Applicant: Clearwater Village LLC/City of Clearwater
Address: A Portion of 1980 Kings Highway
Agenda Item: EE5
CITY OF CLEARWATER
PLANNING DEPARTMENT
STAFF REPORT
BACKGROUND INFORMATION
REQUEST: Future land use plan amendment from the Residential
Medium (RM) Classification to the
Transportation/Utility Overlay and Drainage Feature
Overlay with existing Residential Medium (RM)
Classification.
SITE INFORMATION
PROPERTY SIZE: 96,268 square feet or 2.21 acres
PORTION OF PROPERTY
SUBJECT TO AMENDMENT: Transportation/Utility Overlay: 26,136 square feet or
0.60 acres mol
Drainage Feature Overlay: 7,840 square feet or
0.18 acres mol
Combined Trans portation/Utility Overlay and
Drainage Feature Overlay, a portion of which is
included in both:
28,314 square feet or 0.65 acres mol
PROPERTY USE:
Current Use: Vacant
Proposed Use: Vacant
PLAN CATEGORY:
Current Category: Residential Medium (RM)
Proposed Category: Transportation/Utility Overlay and Drainage Feature
Overlay with existing Residential Medium (RM)
ZONING DISTRICT:
Current District: Medium Density Residential (MDR)
Proposed District: Medium Density Residential (MDR)
Community Development Board - October 20, 2009 - Case LUZ2009-07002 -Page 1 of 7
C:AProgram Files\Neevia.Com\Document Converter\temp\Agenda.PDFConvert.10544.doc
Item # 7
Attachment number 1
Page 2 of 7
EXISTING North: Vacant Residential, and Multi Family Residential
SURROUNDING USES: West: Multi Family Residential
South: Place of Worship
East: Multi Family Residential, Single Family
Residential, and Vacant
ANALYSIS:
This future land use plan (FLUP) amendment application is related to a previous land use and
zoning amendment known as 1980 Kings Highway (LUZ2006-08004), which was requested by
the previous owner, New Zion Missionary Baptist Church. The request was to change from the
Institutional (INS) land use category to the Residential High (RH) category and to change the
zoning from the Institutional (I) District to High Density Residential (HDR) District. The
request was not approved as proposed, but a change to the Residential Medium (RM) future land
use plan category and Medium Density Residential (MDR) zoning designation was granted. The
Pinellas Planning Council recommended approval of the change, with the condition that the
Transportation/Utility Overlay and Drainage Feature Overlay categories be added to the southern
portion of the property to reflect the existing utility (Progress Energy) and drainage (City)
easements. The Board of County Commissioners acting as the Countywide Planning Authority
approved this recommendation on March 13, 2007. At the time of approval, the City's
Comprehensive Plan did not include the two overlays; therefore, a Comprehensive Plan
amendment was necessary in order for the condition to be met. The amendment which added the
two overlays was part of the Evaluation and Appraisal Report-based Comprehensive Plan
amendments to the Comprehensive Plan which were adopted by the City Council in December,
2008 and approved by the Department of Community Affairs in February, 2009.
The current amendment involves the southerly portion of the property, comprising approximately
0.65 acres in area. This amendment is to add the Transportation/Utility Overlay and Drainage
Feature Overlay, along with the existing Residential Medium (RM) classification in order to
meet the condition of the previous future land use plan amendment as described above.
In accordance with the Countywide Plan Rules, this future land use plan amendment is subject to
approval by the Pinellas Planning Council and Board of County Commissioners acting as the
Countywide Planning Authority. Based on the size of the parcel, review and approval by the
Florida Department of Community Affairs is not required.
L CONSISTENCY WITH THE CITY'S COMPREHENSIVE PLAN [Section 4-
603.F.1 and 2]
Recommended Findings of Fact
Applicable Goals, Objectives and Policies from the Clearwater Comprehensive Plan in support
of the proposed land use plan amendment are as indicated below:
Community Development Board - October 20, 2009 - Case LUZ2009-07002 - Page 2 of 7
C:AProgram Files\Neevia.Com\Document Converter\temp\Agenda.PDFConvert.10544.doc
Item # 7
Attachment number 1
Page 3 of 7
A.1.1 Objective -On an ongoing basis, natural resources and systems shall be protected through
the application of local, state, and regional regulations, mitigation and management plans,
and permitting procedures as well as through locally instituted land purchase programs
focusing on environmentally sensitive properties and significant open space areas.
A.2.2.8Policy - 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.
F.1.2 Objective - The City shall continue to protect floodplains, drainage ways, and all other
natural areas having functional hydrological characteristics.
Recommended Conclusions of Law
The Drainage Feature Overlay designation allows for the protection of a natural resource,
thereby meeting Objective A.1.1. In addition, these amendments are consistent with locational
characteristics, map delineation and special rules per Policy A.2.2.8. In particular, the
Transportation/Utility Overlay designation recognizes a significant powerline easement
consistent with the criteria in Policy A.2.2.8. Also, in accordance with Objective F.1.2 this
amendment provides additional protection of a functional hydrological characteristic through the
proposed Drainage Feature designation.
II. CONSISTENCY WITH COUNTYWIDE PLAN RULES
Recommended Findings of Fact
The purpose of the proposed Drainage Feature Overlay special designation, as specified in
Section 2.3.3.9.1 of the Countywide Rules, is to depict those water bodies and drainage features,
now committed to, or proposed to be recognized for, these respective functions based on their
physical characteristics and use. The purpose of the proposed Transportation/Utility designation,
as specified in Section 2.3.3.7.4 of the Countywide Rules, is to depict those areas of the county
that are now used, or appropriate to be used, for transport and public/private utility services.
Other standards given in Section 2.3.3.7.4 of the Countywide Rules, state that where a utility
transmission line otherwise included in the Transportation/Utility category is located in an
easement as distinct from a right-of-way, the category shall be shown as an overlay,
superimposed over, and applicable in addition to, the otherwise applicable underlying category.
This amendment ensures that this condition is met.
The requested Drainage Feature Overlay is appropriate due to the location of the existing
drainage easement. The requested Transportation/Utility Overlay is appropriate due to the fact
that utility transmission line is in an easement distinct from a right-of-way. The use of the parcel
is consistent with the purpose of the Drainage Feature Overlay special designation and
Transportation/Utility Overlay category.
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Recommended Conclusions of Law
The proposed plan amendment is consistent with the purpose and locational characteristics of the
Countywide Plan; therefore, the proposed amendment is consistent with the Countywide Plan.
III. COMPATIBILITY WITH SURROUNDING PROPERTY/CHARACTER OF THE
CITY & NEIGHBORHOOD [Section 4-603.F.3]
Recommended Findings of Fact
The subject property is located on the west side of Kings Highway, between Woodlawn Terrace
and Sunset Point Road. The character of the neighborhood is primarily residential, although
there are also church and water/drainage feature uses in the area. To the north is multi-family
residential with future land use plan classifications of Residential High (RH) and Residential
Medium (RM) as well as High Density Residential (HDR) and Medium Density Residential
(MDR) zoning designations. The Residential High (RH) classification permits 30 dwelling units
per acre and the Residential Medium (RM) classification permits 15 dwelling units per acre. The
High Density Residential (HDR) and Medium Density Residential (MDR) designations primarily
permit residential uses.
To the south is a church with a future land use plan classification of Institutional (I) and an
Institutional (I) zoning designation. The Institutional (I) classification permits 12.5 dwelling
units per acre and a floor area ratio of 0.65. The Institutional (I) zoning designation primarily
permits hospitals, nursing homes, schools and places of worship.
To the east are single family residential and retention pond uses with future land use plan
classifications of Residential Urban (RU), Water/Drainage Feature, and Preservation (P) and a
Low Medium Density Residential (LMDR) zoning designation. The Residential Urban (RU)
classification permits 7.5 dwelling units per acre, the Water/Drainage Feature classification
permits no density, and the Preservation (P) classification permits no density and a floor area
ratio of 0.10. The Low Medium Density Residential (LMDR) zoning designation primarily
permits residential uses.
To the west is a multi-family use with a future land use plan classification of Residential Low
Medium (RLM) and a Medium Density Residential (MDR) zoning designation. The Medium
Density Residential (MDR) designation permits 10 dwelling units per acre and primarily permits
residential uses.
The Transportation/Utility (T/U) Overlay and the Drainage Feature Overlay are located on the
southern portion of the property known as 1980 Kings Highway and are described so as to be
congruent with the Progress Energy utility easement and with the City drainage easement as
recorded. Therefore, the overlays as proposed are appropriately located. This request is
compatible with the surrounding area and will not unreasonably affect the use of the property in
the area.
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Recommended Conclusions of Law
The proposed future land use plan classification and zoning designation are in character with the
overall future land use plan categories in the area. The amendment is compatible with
surrounding uses and is consistent with the character of the immediate surrounding area and
neighborhood.
IV. SUFFICIENCY OF PUBLIC FACILITIES [Section 4-603.F.4]
Recommended Findings of Fact
The overall site is 2.21 acres and undeveloped, while the portion subject to this amendment is
approximately 0.65 acres (28,314 square feet) in area and is undeveloped vacant land. The
Residential Medium (RM) future land use designation permits 15 dwelling units per acre for
residential uses. The proposed Transportation/Utility (T/U) Overlay and the Drainage Feature
Overlay classifications do not alter the allowable densities. Along with the current easements,
the proposed overlays preclude development within the designated areas. The current Medium
Density Residential (MDR) zoning designation primarily permits residential use. No zoning
change is proposed.
Recommended Conclusions of Law
Based upon the findings of fact, it has been determined no additional traffic will be generated by
this plan amendment therefore there will be no degradation of the existing LOS to the adjacent
roads beyond the requirements of the City's Comprehensive Plan. Further, there will be no
impact to water, wastewater, and solid waste service since there is no change in use or increase
in development potential. Should the parcel be developed, it will be subject at that time to public
facility concurrency requirements and open space and recreation facilities impact fees. Mass
transit will not be affected by the proposed future land use overlay designations.
V. IMPACT ON NATURAL ENVIRONMENT [Section 4-603.F.5.]
Recommended Findings of Fact
This property is currently vacant. The portion of the property subject to the proposed Drainage
Feature Overlay designation is an integral part of the City's Spring Branch Conveyance
Enhancements Project. This drainage easement connects the upstream water flow to the planned
retention pond to the south, allowing for improved flood prevention up and down stream and
improved water quality downstream. The proposed Drainage Feature Overlay is an integral part
in improving flood prevention and water quality in the Stevenson Creek Watershed.
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Recommended Conclusions of Law
Based on current information, no wetlands appear to be located on the subject site. The intent of
applying the two overlay designations is to recognize the two easements that exist on the
property. The site is currently undeveloped. Any development would require compliance with
the City's tree preservation and storm water management requirements.
SUMMARY AND RECOMMENDATIONS
An amendment of the future land use plan from the Residential Medium (RM) classification to
the Transportation/Utility Overlay and Drainage Feature Overlay with existing Residential
Medium (RM) classification for the subject site is requested. The proposed site is undeveloped.
The request will meet the condition of the Pinellas Planning Council that the
Transportation/Utility (T/U) Overlay and Drainage Feature Overlay designations be added to the
portion of the property known as 1980 Kings Highway which contains the Progress Energy
utility easement and the City drainage easement. Residential uses primarily characterize the
surrounding area, although a place of worship is the use of one of the adjoining parcels. The
proposed future land use plan amendment is compatible with the existing area.
The proposed Transportation/Utility (T/U) Overlay and Drainage Feature Overlay with existing
Residential Medium (RM) future land use plan designations more closely reflect the actual use of
the parcel, since they contain existing utility and drainage easements. In addition, these
designations are consistent with the City and the Countywide Comprehensive Plans, Countywide
Plan Rules, are compatible with the surrounding area, do not degrade public services below
acceptable levels, are compatible with the natural environment and are consistent with the
development regulations of the City.
Approval of this land use plan amendment does not guarantee the right to develop on the
subject property. Transportation concurrency must be met, and the property owner will have to
comply with all laws and ordinances in effect at the time development permits are requested.
Based on the above analysis, the Planning Department recommends the following actions on the
request:
ACTION:
Recommend APPROVAL of the future land use plan amendment from the Residential
Medium (RM) Classification to the Transportation Utility Overlay and Drainage Feature
Overlay with existing Residential Medium (RM) Classifications;
Prepared by Planning Department staff:
Cate Lee, Planner II
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Attachments:
Resume
Application
Location Map
Aerial Photograph of Site and Vicinity
Future Land Use Plan Map
Zoning Map
Existing Surrounding Use Map
Site Photographs
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Item # 7
Attachment number 2
Page 1 of 6
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Page 2 of 6
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Owners: Clearwater Village LLC Case: LUZ2009-07002
Site: A portion of 1980 Kings Highway Property 0.65
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Attachment number 2
Page 3 of 6
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Owners: Clearwater Village LLC Case: LUZ2009-07002
Site: A portion of 1980 Kings Highway Property 0.65
Size(Acres):
Land Use Zoning
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S:APlanning Department\C D B\Land Use Amendments\LUZ 2009\LUZ2009-07002 - 1980 Kings Highway - City of
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Attachment number 2
Page 4 of 6
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Owners: Clearwater Village LLC Case: LUZ2009-07002
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Clearwater\Maps\LUZ2009-07002 ZONING MAP.doc Item # 7
Attachment number 2
Page 5 of 6
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EXISTING SURROUNDING USES MAP
Owners: Clearwater Village LLC Case: LUZ2009-07002
Site: A portion of 1980 Kings Highway Property 0.65
Size(Acres):
Land Use Zoning
RM MDR PIN: 03-29-15-55548-000-0091
From :
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Overlay with existing RM I --I
S:APlanning Department\C D B\Land Use Amendments\LUZ 2009\LUZ2009-07002 - 1980 Kings Highway - City of
Clearwater\Maps\LUZ2009-07002 EXISTING SURROUNDING USES MAP.doc Item # 7
View looking west at the subject parcel, 1980 Kings Highway
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Attachment number 2
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LUZ2009-07002
Clearwater Village, LLC
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Item # 7
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Attachment number 3
Page 1 of 2
ORDINANCE NO. 8116-09
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
AMENDING THE FUTURE LAND USE PLAN ELEMENT OF THE
COMPREHENSIVE PLAN OF THE CITY, TO CHANGE THE
LAND USE DESIGNATION FOR CERTAIN REAL PROPERTY
LOCATED ON THE WEST SIDE OF KINGS HIGHWAY
APPROXIMATELY 112 FEET SOUTH OF WOODLAWN
TERRACE, CONSISTING OF A PORTION OF THE FLORIDA
POWER CORPORATION EASEMENT, A PORTION OF THE
DRAINAGE EASEMENT AND A PORTION OF LOT 9, LESS THE
EAST THIRTY FEET IN E.A. MARSHALL SUBDIVISION,
WHOSE POST OFFICE ADDRESS IS 1980 KINGS HIGHWAY,
FROM RESIDENTIAL MEDIUM (RM) TO TRANSPORATION
UTILITY OVERLAY AND DRAINAGE FEATURE OVERLAY
WITH EXISTING RESIDENTIAL MEDIUM; 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 as follows:
Property
See attached legal description
LUZ2009-07002
Land Use Categorv
From: Residential Medium (RM)
To: Transportation Utility Overlay and
Drainage Feature Overlay with
Existing Residential Medium
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, subject to the
approval of the land use designation by the Pinellas County Board of County Commissioners,
and subject to a determination by the State of Florida, as appropriate, of compliance with the
applicable requirements of the Local Government Comprehensive Planning and Land
Development Regulation Act, pursuant to § 163.3189, Florida Statutes. The Community
Development Coordinator is authorized to transmit to the Pinellas County Planning Council an
application to amend the Countywide Plan in order to achieve consistency with the Future Land
Use Plan Element of the City's Comprehensive Plan as amended by this ordinance.
PASSED ON FIRST READING
Item # 7
Ordinance No. 8116-09
Attachment number 3
Page 2 of 2
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Approved as to form:
Frank V. Hibbard
Mayor
Attest:
Leslie K. Dougall-Sides Cynthia E. Goudeau
Assistant City Attorney City Clerk
2
Ordinance No. 9TI -?d
?- Meeting Date: I 1/ 17/2009
City Council Agenda
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Approve the historic designation of the Clearwater Evening Sun Building (aka Lokey Building) located at 401 Cleveland Street
[consisting of the West 1/2 of Lot 7, John R. Davey's Resub of Block B (per Plat Book H-1, Page 87, Public Records of
Hillsborough County, Florida, of which Pinellas County was formerly a part]; and Pass Ordinance 8118-09 on first reading.
(HIS2009-00001)
SUMMARY:
This historic designation application involves property comprising approximately 0.065 acres in area located on the southeast
corner of Cleveland Street and Osceola Avenue. The building was constructed in 1914 by William Powell and housed one of
Clearwater's first newspapers. It is a two story brick structure with decorative brickwork and is an outstanding example of
commercial Masonry Vernacular.
The Planning Department determined the proposed historic designation of the building is consistent with three of the four criteria
for evaluating historic properties specified in the Community Development Code (Section 4-407.F.2.a-c):
The property is associated with events that made a significant contribution to the board pattern of the City.
The property is associated with the lives of persons significant in history.
The property possesses distinctive characteristics of a type, period or method of construction.
Pursuant to Community Development Code Section 4-607.F.3 historic properties shall be classified as exceptional, excellent,
notable or of value as part of the scene. Based on the findings that the Clearwater Evening Sun Building meets three of the
designation criteria, it should be classified as excellent.
Please refer to the historic designation staff report (HIS2009-00001) for the complete analysis.
The Community Development Board reviewed this application at its public hearing on October 20, 2009 and unanimously
recommended approval.
Review Approval: 1) Legal 2) Clerk 3) Assistant City Manager 4) Clerk 5) City Manager 6) Clerk
Cover Memo
Item # 8
Attachment number 1
Page 1 of 5
CDB Meeting Date: October 20, 2009
Case Number: HIS2009-00001
Owner/Applicant: City of Clearwater
Address: 401 Cleveland Street
Agenda Item: E3
CITY OF CLEARWATER
PLANNING DEPARTMENT
STAFF REPORT
GENERAL INFORMATION
REQUEST:
PROPERTY SIZE:
PROPERTY USE:
Current Use:
Proposed Use:
PLAN CATEGORY:
ZONING DISTRICT:
EXISTING
SURROUNDING USES:
ANALYSIS
Historic designation of the Clearwater Evening Sun
Building (401 Cleveland Street)
2,808 square feet or 0.065 acres
Office Building
Indoor Recreation (Performing Arts Theater)
Central Business District (CBD)
Downtown (D)
North: Office and Vacant
West: Mixed Use
South: Office
East: Indoor Recreation
Retail
(Performing Arts Theater) and
Background
This historic designation application involves property known as the Clearwater Evening Sun
Building located on the southeast corner of Cleveland Street and Osceola Avenue in Downtown
Clearwater. The building was constructed in 1914 and housed one of Clearwater's first
newspapers, the Clearwater Evening Sun, started by William B. Powell. Sometime in the early
1930's the newspaper moved to another location and the property was occupied by a retail use
(dress shop) on the first floor and medical offices on the second floor. Over the years the
Community Development Board - October 20, 2009 - Case HIS2009-00001 -Page 1 of 5
Item # 8
Attachment number 1
Page 2 of 5
property has been used by a variety of retail and/or office uses. The most recent long-term tenant
that occupied the building is Pat Lokey, one of Clearwater's fine women's clothing stores.
Architecturally the building is an example of commercial Masonry Vernacular with beautiful
brick detailing and an interesting fenestration pattern of groups of four double-hung sash
windows on each floor. The building has had significant changes made to the exterior including
the application of stucco, brick and vertical wood siding as well as the addition of a balcony with
wrought iron railing and oversized clamshells awnings on the second floor. Most changes
appear to be reversible.
To further downtown redevelopment efforts the City of Clearwater entered into a partnership
with Ruth Eckerd Hall, Inc. regarding the purchase, rehabilitation, operation and maintenance of
this property. Ruth Eckerd Hall will manage and operate the Clearwater Evening Sun Building
in conjunction with the adjacent Capital Theater as a performing arts facility.
Standards for Designation [Community Development Code (CDC) Section 4-607.F.2 and 3]
Consistency with Criteria for Evaluating Proposed Historic Properties
Recommended Findings of Fact
Applicable criteria for evaluating the proposed historic designation of the Clearwater Evening
Sun Building are as follows:
• Whether the property is associated with events that have made a significant contribution to
the broad pattern of city, state or national history [CDC Section 4-607.F.2.a].
The Clearwater Evening Sun Building has contributed to the history of Clearwater in several
important ways. It has had a major influence on the social and community life of Clearwater
both through its key location on Cleveland Street, the City's main street, and through its
important commercial tenants. Of particular significance is its original occupant, the
Clearwater Evening Sun, one of the City's first newspapers. The building has also housed
several very prominent businesses with long tenancies including the Betty Lane Dress Shop
(almost 20 years) and most recently Pat Lokey (approximately 10 years).
• Whether the property is associated with the lives of persons significant in history [CDC
Section 4-607.F.2.b].
The property proposed for designation was the home of the Clearwater Evening Sun founded
in 1914 by Willis B. Powell. Prior to that, Mr. Powell owned the Independent, a weekly
newspaper founded in 1906. In 1907 Mr. Powell changed the paper's format and it became
St. Petersburg's first daily newspaper, the Evening Independent. The newspaper's editorials
and the owner's political influences contributed to the separation of Pinellas County from
Hillsborough County in 1912 and the designation of Clearwater as the county seat in 1917.
David O. Batchelor bought the Clearwater Evening Sun in 1916 and operated it until he sold
it and the building in 1924. The property ultimately reverted back to Mr. Batchelor during
the Great Depression and remained in the Batchelor family until 1977.
Community Development Board - October 20, 2009 - Case HIS2009-00001 - Page 2 of 5
Item # 8
Attachment number 1
Page 3 of 5
• Whether the property posses distinctive characteristics of a type, period or method of
construction or the representation of the work of a master, or the possession of artistic values
[CDC Section 4-607.F.2.c].
After the fire of 1910 that destroyed all of the commercial wooden structures on the north
side of Cleveland Street in the block between Ft. Harrison and Osceola Avenues, all
structures had to be constructed of masonry or brick construction. The Clearwater Evening
Sun Building had to comply with this new requirement and is an outstanding example of
commercial Masonry Vernacular. The building is a two-story structure built of red brick
with decorative brickwork in horizontal and vertical patterns. Its fenestration is arranged in
groups of four double-hung sash windows on each floor. A total of five bays are located
along Osceola Avenue and one bay along Cleveland Street. The building also had a metal
canopy on the Cleveland Street facade supported by chains.
• Whether the property yielded or may be likely to yield information important in prehistory or
history. [CDC Section 4-607.F.2.d].
There is no evidence that the Clearwater Evening Sun Building yields information important
in prehistory or history.
Recommended Conclusions of Law
The Clearwater Evening Sun Building is eligible for historic designation as the property is
associated with events that have made a significant contribution to the broad patterns of
Clearwater history, is associated with the lives of persons significant in Clearwater's history and
possesses distinctive characteristics of a type, period and method of construction.
Classification of Property
Recommended Findings of Fact
Community Development Code Section 4-607.F.3 specifies that historic properties shall be
classified as exceptional, excellent, notable or of value as part of the scene depending on the
number of designation criteria met. Based on the findings of fact and conclusions of law made
above, the Clearwater Evening Sun Building meets three out of the four designation criteria
including: association with events that have made a significant contribution to the broad patterns
of historic; association with the lives of persons significant in history; and association with
distinctive characteristics of a type, period or method of construction.
Recommended Conclusions of Law
The Clearwater Evening Sun Building is considered "excellent" as it meets the criteria
established in Community Development Code Section 4-607.F.a, b. and c.
Community Development Board - October 20, 2009 - Case HIS2009-00001 - Page 3 of 5
Item # 8
Attachment number 1
Page 4 of 5
IMPACT OF PROPOSED DESGINATION
The proposed historic designation of the Clearwater Evening Sun Building will further the
following policies of the Downtown Clearwater Redevelopment Plan:
Policy 4: Renovation, rehabilitation and reuse of historic resources are encouraged. Flexibility
through the site plan review process should be utilized so that historic resources may be
retained and reused.
Policy 5: The City shall pursue various strategies, incentives and planning tools that will assist in the
preservation of historic resources.
The historic designation of the Clearwater Evening Sun Building will further implementation of
Strategy 20 of the Plan which supports locating a performing arts theater in Downtown and
providing assistance, as needed, with land acquisition, land assembly, building rehabilitation and
parking facilities development to support the use.
The historic designation of this building will require any building improvements to be consistent
with the design guidelines established in the Downtown Clearwater Redevelopment Plan for the
rehabilitation of historic structures. These guidelines are modeled on the Secretary of the
Interior Standards for Rehabilitation. It is anticipated that the historic designation of the
Clearwater Evening Sun Building will strengthen the property's eligibility to obtain historic
preservation grant/loan funding.
Applicable Objectives and Policies from the Future Land Use Element of the Clearwater
Comprehensive Plan in support of the historic designation of the Clearwater Evening Sun
Building area as follows:
Objective A.6.3 - The City shall encourage the implementation of historic overlay districts, the
maintenance of existing historic properties, and the preservation of existing neighborhoods
through the use of design guidelines and the implementation of the City's Community
Development code.
Policy A.6.3.1 - The City Council shall consider designating historic properties and districts
within the City of Clearwater; designations shall be consistent with the standards for designation
found in the City's Community Development Code. Procedures identified in the Community
Development Code should be amended to permit the City, in addition to property owners, to
initiate such designation.
SUMMARY AND RECOMMENDATION
The historic designation of the Clearwater Evening Sun Building has been requested by the City
of Clearwater. The building is an excellent example of commercial Masonry Vernacular and one
of the oldest commercial buildings in downtown. It was the home of one of Clearwater's first
newspaper and is associated with Willis B. Powell and the Batchelor family both of whom are
Community Development Board - October 20, 2009 - Case HIS2009-00001 - Page 4 of 5
Item # 8
Attachment number 1
Page 5 of 5
both important to Clearwater's history. The Clearwater Evening Sun Building is an historic
property that qualifies for the classification of "excellent."
Based on the above analysis, the Planning Department recommends the following action on the
request:
Recommend APPROVAL of the historic designation of 401 Cleveland Street, the
Clearwater Evening Sun Building with the classification of excellent.
Prepared by Planning Department staff:
Gina L. Clayton, Assistant Planning and
Development Director
Attachments:
Location Map
Aerial Photograph of Site and Vicinity
Resume
Community Development Board - October 20, 2009 - Case HIS2009-00001 - Page 5 of 5
Item # 8
Attachment number 2
Page 1 of 1
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Owner: City of Clearwater Cases: HIS2009-00001
Site: 401 Cleveland St Property Size: 0.065 acres
PINs: 16-29-15-20358-002-0071 Atlas Page: 2866
Item # 8
Attachment number 3
Page 1 of 1
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Owner: City of Clearwater Cases: HIS2009-00001
Site: 401 Cleveland St Property Size: 0.065 acres
PINs: 16-29-15-20358-002-0071 Atlas Page: 2866
Item # 8
Attachment number 4
Page 1 of 2
ORDINANCE NO. 8118-09
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
RELATING TO HISTORIC DESIGNATION; MAKING FINDINGS;
DESIGNATING PROPERTY LOCATED AT 401 CLEVELAND
STREET, CLEARWATER EVENING SUN/LOKEY BUILDING, AS
A HISTORIC PROPERTY UNDER COMMUNITY
DEVELOPMENT CODE SECTION 4-607; PROVIDING FOR
CLASSIFICATION OF THE DESIGNATION; PROVIDING FOR
NOTICE OF THE DESIGNATION AND RECOGNITION OF THE
DESIGNATED PROPERTY BY SIGN OR MARKER; PROVIDING
AN EFFECTIVE DATE.
WHEREAS, Section 4-607 of the City of Clearwater Community Development Code
provides a procedure for historic designation of properties and districts within the City of
Clearwater; and
WHEREAS, the objectives of such designation are to protect, enhance and preserve
those historic properties and districts which represent or reflect the City's cultural, social,
economic, political and architectural history, and to preserve and enhance property values,
stabilize neighborhoods and other areas of the City, increase economic benefits to the City
and its inhabitants, continue the redevelopment of the original center of the City, and
promote and enrich the City's educational and cultural environment; and
WHEREAS, historic properties may include but are not limited to Indian habitations,
ceremonial sites, artifacts, and other properties, or any part thereof, having intrinsic
historical, architectural, or archaeological value relating to the history, government and
culture of the City; and
WHEREAS, Section 4-607 provides for a procedure of application, review by City
staff, recommendation by the Community Development Board and consideration by the
City Council after public hearing; and
WHEREAS, an application has been submitted and processed for the property
located at 401 Cleveland Street, known as the Clearwater Evening Sun/Lokey Building,
within the City of Clearwater; now therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. The City Council makes the following findings:
The property located at 401 Cleveland Street, known as the Clearwater Evening
Sun/Lokey Building, and further described as:
Ordinance No. IfMrr8418
Attachment number 4
Page 2 of 2
West'/ of Lot 7, John R. Davey's Resub of Block B (per Plat Book H-1,
Page 87, Public Records of Hillsborough County, Florida, of which
Pinellas County was formerly a part);
also known as Parcel No. 16-29-15-20358-002-0071
[H IS2009-00001 ] satisfies three of the following criteria:
1. The property/district is associated with events that have made a significant
contribution to the broad pattern of City, State, or national history;
2. The property/district is associated with the lives of persons significant in history;
3. The property/district possesses distinctive characteristics of a type, period or
method of construction, or the representation of the work of a master, or the
possession of artistic values;
4. The property/district has yielded or may be likely to yield information important in
prehistory or history.
Section 2. Based upon the above findings, the property located at 401
Cleveland Street, known as the Clearwater Evening Sun/Lokey Building, within the City
of Clearwater is hereby designated as a historic property in the Excellent classification.
The owner shall be given written notice of the designation by the City Clerk, and a
suitable sign or marker indicating the historic designation shall be erected on or near
the property.
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:
Leslie K. Dougall-Sides
Assistant City Attorney
Attest:
Cynthia E. Goudeau
City Clerk
2 Ordinance No. ftt6-#GB
?- Meeting Date: I 1/ 17/2009
City Council Agenda
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Approve the historic designation of the Capitol Theatre located at 405 Cleveland Street [consisting of the East 1/2 of Lot 7, plus 30
feet and 3 inches of Lot 6, John R. Davey's Resub of Block B (per Plat Book H-1, Page 87, Public Records of Hillsborough
County, Florida, of which Pinellas County was formerly a part]; and pass Ordinance 8119-09 on first reading. (HIS2009-00002)
SUMMARY:
This historic designation application involves property comprising approximately 0.144 acres in area located on the south side of
Cleveland Street, one property east of Osceola Avenue. The Capitol Theatre opened in 1921 and was designed by Lester Avery
and owned by John S. Taylor, son of one the area's earliest homesteaders. The building is an excellent example of the elaborate
Mediterranean Revival style and is unique to Cleveland Street.
The Planning Department determined that the proposed historic designation of the theater is consistent with three of the four
criteria for evaluating historic properties specified in the Community Development Code (Section 4-407.F.2.a-c):
The property is associated with events that made a significant contribution to the board pattern of the City.
The property is associated with the lives of persons significant in history.
The property possesses distinctive characteristics of a type, period or method of construction.
Pursuant to Community Development Code Section 4-607.F.3 historic properties shall be classified as exceptional, excellent,
notable or of value as part of the scene. Based on the findings that the Capitol Theatre meets three of the designation criteria, it
should be classified as excellent.
Please refer to the historic designation staff report (HIS2009-00002) for the complete analysis.
The Community Development Board reviewed this application at its public hearing on October 20, 2009 and unanimously
recommended approval.
Review Approval: 1) Legal 2) Clerk 3) Assistant City Manager 4) Clerk 5) City Manager 6) Clerk
Cover Memo
Item # 9
Attachment number 1
Page 1 of 5
CDB Meeting Date
Case Number:
Owner/Applicant:
Address:
Agenda Item:
October 20, 2009
HIS2009-00002
City of Clearwater
405 Cleveland Street
EE4
CITY OF CLEARWATER
PLANNING DEPARTMENT
STAFF REPORT
GENERAL INFORMATION
REQUEST: Historic designation of the Capitol Theatre (405 Cleveland
Street)
PROPERTY SIZE: 0.6272 square feet or 0.144 acres
PROPERTY USE:
Current Use: Indoor Recreation (Performing Arts Theater)
Proposed Use: Indoor Recreation (Performing Arts Theater)
PLAN CATEGORY: Central Business District (CBD)
ZONING DISTRICT: Downtown (D)
EXISTING North: Office and Vacant
SURROUNDING USES: West: Office and Mixed Use
South: Office
East: Retail
ANALYSIS
Background
This historic designation application involves property known as the Capitol Theatre located on
the south side of Cleveland Street, one property east of Osceola Avenue in Downtown
Clearwater. The theater opened in 1921 and was designed by local prominent architect Lester
Avery and owned by John S. Taylor, State Representative for Hillsborough County from 1905 -
1910. The theater was designed for silent movies as well as live performances and has been at
the heart of Clearwater's cultural and entertainment scene for many years. In 1960 the Capitol
Theatre sustained significant damage from Hurricane Donna. Major building alterations
occurred at that time and its operation transitioned to a movie theater until closed in 1980. Since
that time the building has been used for a variety of purposes including local theater productions,
youth programs, a social dance center and most recently a church.
Community Development Board - October 20, 2009 - Case HIS2009-00002 -Page 1 of 5
Item # 9
Attachment number 1
Page 2 of 5
Architecturally the building is an excellent example of the ornate Mediterranean Revival style.
The original building facade was stucco with decorative details and expressed as two stories.
Across the front of the building was a flat canopy and above that were three arches with radiating
glass panes. There was an elaborate bell-shaped parapet in the center and on each side were
elements that appeared to be corner towers. There were many architectural details in these areas
of the facade that gave the building a very unique and interesting appearance. Significant
changes have been made to the building's original appearance.
To further downtown redevelopment efforts the City of Clearwater entered into a partnership
with Ruth Eckerd Hall, Inc. regarding the purchase, rehabilitation, operation and maintenance of
the property. Ruth Eckerd Hall will manage and operate the Capitol Theatre, in conjunction with
the adjacent Clearwater Evening Sun Building as a performing arts facility. Ruth Eckerd Hall,
Inc. plans to restore the building to its original appearance. Plans include replacing the facade's
architectural details and materials and replacing the 1940's signage. The interior rehabilitation
will be based on typical theaters from this time period as no plans for the original interior can be
located.
Standards for Designation [Community Development Code Sections (CDC) 4-607.F.2 and
3]
Consistency with Criteria for Evaluating Proposed Historic Properties
Recommended Findings of Fact
Applicable criteria for evaluating the proposed historic designation of the Capitol Theatre are as
follows:
• Whether the property is associated with events that have made a significant contribution to
the broad pattern of city, state or national history [CDC Section 4-607.F.2.a]
The Capitol Theatre's contributions to the history of Clearwater are significant as it was the
cultural and entertainment center of the City and occupied a prime location on Clearwater's
main street. Opening in 1921, the theater was equipped for live performances and silent
movies and was known to accommodate first run movies and traveling vaudeville acts.
During World War II the theater organized events called "Bank Night" whereby war bonds
were sold as part of cash prize lottery drawings enticing many people to attend the theater.
The Capitol Theatre sustained significant damage from Hurricane Donna in 1960 and the
repairs greatly changed the theater's appearance. The building reopened as a movie theater
after the renovations and operated until 1980. In 1981 the Royalty Theater Company re-
established the property as a venue for the performing arts and changed the name to the
Royalty Theater. By 1995 the Royalty Theater was closed and the building was subsequently
used for a variety of purposes including youth programming, a social and sports dancing
center and lastly a church.
Community Development Board - October 20, 2009 - Case HIS2009-00002 - Page 2 of 5
Item # 9
Attachment number 1
Page 3 of 5
• Whether the property is associated with the lives of persons significant in history [CDC
Section 4-607.F.2.b].
The property proposed for designation was built by John S. Taylor, a son of one of the area's
earliest homesteaders. He served as State Representative for Hillsborough County from 1905
to 1910. Mr. Taylor was vocal in his support of the separation of Pinellas County from
Hillsborough County and lobbied the Florida Legislature to that end. His efforts were
successful and in 1911 Pinellas County was created. The Capitol Theatre remained in the
Taylor family estate until 1996.
• Whether the property possesses distinctive characteristics of a type, period or method of
construction or the representation of the work of a master, or the possession of artistic values
[CDC Section 4-607.F.2.c].
The Capitol Theatre is an excellent example of the elaborate Mediterranean Revival style.
The building was very unique to Cleveland Street due to its materials and the significant use
of architectural details. The building had a stucco front face with a flat canopy attached to
the main wall that effectively divided the facade into two stories. On the ground floor two
storefronts flanked the theater entry. Above the canopy the facade had three distinctive
sections. In the center above the canopy were three compass arches with radiating glass
panes and a wide stone molding. Above that was an elaborate bell-shaped parapet with a
Baroque inspired cusped molding. The top center portion of the parapet included a Roman
temple frame containing a plaque with "Capitol Theatre" inscribed on it. Above that at the
top center of the parapet was a Palladian styled triple arch applied on a projecting sill and
clamshell-shaped console. To either side of the center, the building plane projected which
gave the second floor above the storefronts the appearance of corner towers. This area was
defined by double-hung sash windows with stone surrounds and projecting sills. Above the
windows were shed roofs covered in green barrel tile roof flanked by corner pillars with
molded cornices.
The Capitol Theatre was designed by Lester Avery, a prominent area architect. Mr. Avery
designed several area buildings as well as the Harbor Oaks development, a National Register
Historic District. He also designed buildings in Fort Lauderdale and Miami. The theater was
constructed by John and Ivan Phillipoff who also built the Coachman Building in 1916 and
the Roebling Estate in Belleair. In addition to being a builder, Ivan Phillipoff served a
Deputy Tax Assessor for Pinellas County.
• Whether the property yielded or may be likely to yield information important in prehistory or
history [CDC Section 4-607.F.2.d].
There is no evidence that the Capitol Theatre yields information important in prehistory or
history.
Community Development Board - October 20, 2009 - Case HIS2009-00002 - Page 3 of 5
Item # 9
Attachment number 1
Page 4 of 5
Recommended Conclusions of Law
The Capitol Theatre is eligible for historic designation as the property is associated with events
that have made a significant contribution to the broad patterns of Clearwater history, is
associated with the lives of persons significant in Clearwater's history and possesses distinctive
characteristics of a type, period and method of construction.
Classification of Property
Recommended Findings of Fact
Community Development Code Section 4-607.F.3 specifies that historic properties shall be
classified as exceptional, excellent, notable or of value as part of the scene depending on the
number of designation criteria met. Based on the finding of fact and conclusions of law made
above, the Capitol Theatre meets three out of the four designation criteria including: association
with events that have made a significant contribution to the broad patterns of historic; association
with the lives of persons significant in history; and association with distinctive characteristics of
a type, period or method of construction.
Recommended Conclusions of Law
The Capitol Theatre should be classified as "excellent" as it meets the criteria established
Community Development Code Section 4-607.F.a, b. and c.
IMPACT OF PROPOSED DESGINATION
The proposed historic designation of the Capitol Theatre will further the following policies of the
Downtown Clearwater Redevelopment Plan:
Policy 4: Renovation, rehabilitation and reuse of historic resources are encouraged. Flexibility
through the site plan review process should be utilized so that historic resources may be
retained and reused.
Policy 5: The City shall pursue various strategies, incentives and planning tools that will assist in the
preservation of historic resources.
The historic designation of the Capitol Theatre will further implement Strategy 20 of the Plan
which supports locating a performing arts theater in Downtown and providing assistance, as
needed, with land acquisition, land assembly, building rehabilitation and parking facilities
development to support the use.
The historic designation of this building will require any building improvements to be consistent
with the design guidelines established in the Downtown Clearwater Redevelopment Plan for the
rehabilitation of historic structures. These guidelines are modeled on the Secretary of the
Interior Standards for Rehabilitation. It is anticipated that the historic designation of the Capitol
Theatre will strengthen the property's eligibility to obtain historic preservation grant/loan
funding.
Community Development Board - October 20, 2009 - Case HIS2009-00002 - Page 4 of 5
Item # 9
Attachment number 1
Page 5 of 5
Applicable Objectives and Policies from the Future Land Use Element of the Clearwater
Comprehensive Plan in support of the historic designation of the Capitol Theatre are as follows:
Objective A.6.3 - The City shall encourage the implementation of historic overlay districts, the
maintenance of existing historic properties, and the preservation of existing neighborhoods
through the use of design guidelines and the implementation of the City's Community
Development code.
Policy A.6.3.1 - The City Council shall consider designating historic properties and districts
within the City of Clearwater; designations shall be consistent with the standards for designation
found in the City's Community Development Code. Procedures identified in the Community
Development Code should be amended to permit the City, in addition to property owners, to
initiate such designation.
SUMMARY AND RECOMMENDATION
The historic designation of the Capitol Theatre has been requested by the City of Clearwater.
The building is an excellent example of the ornate Mediterranean Revival style and one of the
most significant buildings in downtown Clearwater. It served as the cultural heart of Clearwater
for many years and was one of the primary venues for motion pictures and live theater in the
area. It was designed by Lester Avery, a prominent area architect and owned by John S. Taylor,
son of one of the first homesteaders in the Clearwater area and influential figures in the creation
of a separate Pinellas County. The Capitol Theatre is a historic property that qualifies for the
classification of "excellent" pursuant to the Community Development Code.
Based on the above analysis, the Planning Department recommends the following action on the
request:
Recommend APPROVAL of the historic designation of 405 Cleveland Street, the
Clearwater Evening Sun Building with the classification of excellent.
Prepared by Planning Department staff:
Gina L. Clayton, Assistant Planning and
Development Director
Attachments:
Location Map
Aerial Photograph of Site and Vicinity
Resume
Community Development Board - October 20, 2009 - Case HIS2009-00002 - Page 5 of 5
Item # 9
Attachment number 2
Page 1 of 1
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AERIAL PHOTOGRAPH
Owner: City of Clearwater Cases: HIS2009-00002
Site: 405 Cleveland St Property Size: 0.144 acres
PINs: 16-29-15-20358-002-0070 Atlas Page: 2866
Item # 9
Attachment number 3
Page 1 of 1
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LOCATION MAP
Owner: City of Clearwater Cases: HIS2009-00002
Site: 405 Cleveland St Property Size: 0.144 acres
PINs: 16-29-15-20358-002-0070 Atlas Page: 2866
Item # 9
Attachment number 4
Page 1 of 2
ORDINANCE NO. 8119-09
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
RELATING TO HISTORIC DESIGNATION; MAKING FINDINGS;
DESIGNATING PROPERTY LOCATED AT 405 CLEVELAND
STREET, CAPITOL/ROYALTY THEATRE, AS A HISTORIC
PROPERTY UNDER COMMUNITY DEVELOPMENT CODE
SECTION 4-607; PROVIDING FOR CLASSIFICATION OF THE
DESIGNATION; PROVIDING FOR NOTICE OF THE
DESIGNATION AND RECOGNITION OF THE DESIGNATED
PROPERTY BY SIGN OR MARKER; PROVIDING AN
EFFECTIVE DATE.
WHEREAS, Section 4-607 of the City of Clearwater Community Development Code
provides a procedure for historic designation of properties and districts within the City of
Clearwater; and
WHEREAS, the objectives of such designation are to protect, enhance and preserve
those historic properties and districts which represent or reflect the City's cultural, social,
economic, political and architectural history, and to preserve and enhance property values,
stabilize neighborhoods and other areas of the City, increase economic benefits to the City
and its inhabitants, continue the redevelopment of the original center of the City, and
promote and enrich the City's educational and cultural environment; and
WHEREAS, historic properties may include but are not limited to Indian habitations,
ceremonial sites, artifacts, and other properties, or any part thereof, having intrinsic
historical, architectural, or archaeological value relating to the history, government and
culture of the City; and
WHEREAS, Section 4-607 provides for a procedure of application, review by City
staff, recommendation by the Community Development Board and consideration by the
City Council after public hearing; and
WHEREAS, an application has been submitted and processed for the property
located at 405 Cleveland Street, known as the Capitol/Royalty Theatre, within the City of
Clearwater; now therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. The City Council makes the following findings:
The property located at 405 Cleveland Street, known as the Capitol/Royalty Theatre,
and further described as:
Ordinance No. IfMrY6-@9
Attachment number 4
Page 2 of 2
The East 1/ of Lot 7, plus West 30' and 3" of Lot 6, John R. Davey's
Resub of Block B (per Plat Book H-1, Page 87, Public Records of
Hillsborough County, Florida, of which Pinellas County was formerly a
part);
also known as Parcel No. 16-29-15-20358-002-0070
[HIS2009-00002] satisfies three of the following criteria:
1. The property/district is associated with events that have made a significant
contribution to the broad pattern of City, State, or national history;
2. The property/district is associated with the lives of persons significant in history;
3. The property/district possesses distinctive characteristics of a type, period or
method of construction, or the representation of the work of a master, or the
possession of artistic values;
4. The property/district has yielded or may be likely to yield information important in
prehistory or history.
Section 2. Based upon the above findings, the property located at 405
Cleveland Street, known as the Capitol/Royalty Theatre, within the City of Clearwater is
hereby designated as a historic property in the Excellent classification. The owner shall
be given written notice of the designation by the City Clerk, and a suitable sign or
marker indicating the historic designation shall be erected on or near the property.
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:
Leslie K. Dougall-Sides
Assistant City Attorney
Attest:
Cynthia E. Goudeau
City Clerk
2 Ordinance No. ftfi -41)
?- Meeting Date: I 1/ 17/2009
City Council Agenda
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Approve Amendments to the Community Development Code and the Code of Ordinances to implement the EAR-based
amendments to the Clearwater Comprehensive Plan, to bring consistency between the Countywide Plan Rules and the Community
Development Code, to address the height of non-opaque fences on waterfront lots, adjustments to the Zoning Atlas, the clearance
required for awnings, elimination of sandwich board signs without a permit in the Downtown District, and other minor editorial
changes and pass Ordinance 8070-09 on first reading. (TA2009-03006)
SUMMARY:
The Planning Department is proposing amendments to the Community Development Code and the Code of Ordinances primarily
to implement the Evaluation and Appraisal Report (EAR)-based amendments to the Clearwater Comprehensive Plan and to bring
consistency between the Countywide Plan Rules and the Community Development Code. Other amendments were identified as
part of this review process, including the height of non-opaque fences on waterfront lots, adjustments to the Zoning Atlas, the
clearance required for awnings, and the elimination of sandwich board signs without a permit in the Downtown District. Minor
editorial amendments are also included.
The amendments that present a change in current policy or a new policy are outlined below:
Flexible Standard Development Uses in Industrial, Research and Technology (IRT) District - Countywide Plan Consistency
(Pages 3-5 of Ordinance):
Sets forth size restrictions in the Industrial, Research and Technology (IRT) zoning district for automobile service stations, major
vehicle services, and retail sales and service uses and outdoor recreation entertainment uses that are not part of a master
development plan within the Industrial Limited (IL) land use category to 5 acres. If these uses exceed 5 acres, the property must be
designated the appropriate future land categories that support these uses as primary uses.
Stormwater Detention Facilities - EAR-based Amendment (Page 7 of Ordinance):
This amendment requires low impact development techniques for stormwater management.
Landscaping - EAR-based Amendment (Page 7 of Ordinance): This amendment adds "Florida-friendly " plant materials to
those that are to be utilized to satisfy minimum landscaping requirements.
Reclaimed Water in Subdivisions - EAR-based Amendment (Page 8 of Ordinance):
This amendment requires developers of new subdivisions to provide internal reclaimed water systems when reclaimed water will
be available within seven years.
Historic Designation - EAR-based Amendment (Page 8 of Ordinance):
Cover Memo
This amendment allows the City in addition to property owners to initiate an application for historic designation. Item # 10
Definitions and Rules of Construction - EAR-based Amendment (Page 9 of Ordinance):
This amendment provides a new definition of Coastal Storm Area which incorporates and replaces the definition of Coastal High
Hazard Area and is consistent with the changes made in the EAR-Based Comprehensive Plan amendments.
Wellhead Protection, Amendments to the Code of Ordinances Chapter 24 - EAR-based Amendment (Pages 9-10 of
Ordinance):
These two amendments modify the requirements for a wellhead protection permit and a protection-containment plan, including an
increase in the distance from 500 feet to 1,000 feet from a well for potential expansion/change of an existing use with
contaminating materials.
The Community Development Board (CDB) reviewed the proposed amendments at its regularly scheduled meeting on October 20,
2009 and recommended approval of proposed Ordinance 8070-09. As part of the motion, the Board recommended that application
be made to designate North Ward School a historic structure. The Planning Department indicated to the Board that it is working
with the School Board on the preservation of historic schools within the City.
Review Approval: 1) Legal 2) Clerk 3) Assistant City Manager 4) Clerk 5) City Manager 6) Clerk
Cover Memo
Item # 10
Attachment number 1
Page 1 of 11
ORDINANCE NO. 8070-09
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, MAKING
AMENDMENTS TO THE COMMUNITY DEVELOPMENT CODE TO
ADOPT LAND DEVELOPMENT REGULATIONS, TO FURTHER THE
CONSISTENCY BETWEEN THE COMMUNITY DEVELOPMENT CODE
AND THE COMPREHENSIVE PLAN, AND TO MAKE OTHER MINOR
EDITORIAL CHANGES BY AMENDING ARTICLE 1, "GENERAL
PROVISIONS", SECTION 1-108, "COUNTYWIDE CONSISTENCY", TO
RENAME THE SECTION AS "FUTURE LAND USE MAP" AND TO
MAKE "COUNTYWIDE CONSISTENCY" INTO A NEW SUBSECTION 1-
108.A, AND TO ADD A NEW SUBSECTION 1-108.13 "MAP
ADJUSTMENTS", TO PROVIDE FOR CRITERIA FOR MAP
ADJUSTMENTS FOR WATER/DRAINAGE FEATURE,
PRESERVATION, AND RECREATION/OPEN SPACE CATEGORIES,
AND AMENDING SECTION 1-109, "ZONING ATLAS", TO ADD A NEW
SUBSECTION 1-109.E, "ADJUSTMENTS TO THE ZONING ATLAS", TO
SPECIFY CERTAIN ADJUSTMENTS TO THE ZONING ATLAS TO BE
MADE BY THE COMMUNITY DEVELOPMENT COORDINATOR; BY
AMENDING ARTICLE 2, "ZONING DISTRICTS", SECTION 2-1303,
"TABLE 2-1303", TO LIMIT AUTOMOBILE SERVICE STATION, MAJOR
VEHICLE SERVICE, RETAIL SALES AND SERVICE USES AND
OUTDOOR RECREATION/ENTERTAINMENT USES IN THE IRT
ZONING DISTRICT; BY AMENDING ARTICLE 3, "DEVELOPMENT
STANDARDS", SECTION 3-804, "SETBACK AND HEIGHT
REQUIREMENTS", TO ADD A NEW SUBSECTION 3-804.B.1.c.,TO
INCREASE THE ALLOWABLE HEIGHTS OF NON-OPAQUE FENCES
FROM 36 INCHES TO 48 INCHES ON WATERFRONT LOTS AND TO
DELETE SUBSECTION 3-804.C AND TO DELETE GRAPHICS;
AMENDING SECTION 3-904, "SIGHT VISIBILITY TRIANGLE",
SUBSECTION 3-904.13, TO INCREASE FROM 36 INCHES TO 48
INCHES THE MAXIMUM HEIGHT FOR NON-OPAQUE FENCES
PERMITTED WITHIN THE SIGHT VISIBILITY TRIANGLE FOR
WATERFRONT LOTS AND TO REPLACE THE EXISTING GRAPHIC;
AMENDING SECTION 3-908, "PERMITTED ENCROACHMENTS INTO
SETBACKS AND OVER STREET RIGHTS-OF-WAY", SUBSECTION 3-
908.A.1, TO DECREASE THE CLEARANCE REQUIRED FOR
AWNINGS FROM NINE FEET TO EIGHT FEET; AMENDING SECTION
3-914, "STORMWATER DETENTION FACILITIES", TO ADD A NEW
SUBSECTION 3-914.C, TO ADD THE USE OF "LOW IMPACT
DEVELOPMENT" TECHNIQUES FOR STORMWATER MANAGEMENT,
AND AMENDING SECTION 3-1202, "GENERAL LANDSCAPING
STANDARDS", SUBSECTION 3-1202.13.3, TO ADD "FLORIDA-
FRIENDLY PLANT MATERIALS" TO THOSE PLANT MATERIALS THAT
ARE "NATIVE TO CENTRAL FLORIDA"; AMENDING SECTION 3-1805,
"SIGNS PERMITTED WITHOUT A PERMIT", TO DELETE SUBSECTION
3-1805.U, TO ELIMINATE SANDWICH BOARD SIGNS IN THE
DOWNTOWN DISTRICT, AND TO RE-LETTER THE REMAINING
SUBSECTIONS, AMENDING SECTION 3-1910, "SAME-WATER
SUPPLY FACILITIES", TO ADD A NEW SUBSECTION 3-1910.D, TO
REQUIRE DEVELOPERS OF NEW SUBDIVISIONS TO PROVIDE
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Attachment number 1
Page 2 of 11
INTERNAL RECLAIMED WATER SYSTEMS IF THE DEVELOPMENT IS
LOCATED WHERE RECLAIMED WATER WILL BE AVAILABLE WITHIN
SEVEN (7) YEARS; BY AMENDING ARTICLE 4, "DEVELOPMENT
REVIEW AND OTHER PROCEDURES", SECTION 4-607 "HISTORIC
DESIGNATION", SUBSECTION 4-607.13, TO PERMIT THE CITY TO
INITIATE AN APPLICATION FOR HISTORIC DESIGNATION, AND
AMENDING SECTION 4-901, "AUTHORITY AND APPLICABILITY",
SUBSECTION 4-901.C.6., TO ADD "TRANSPORTATION" TO "PUBLIC
FACILITIES; BY AMENDING ARTICLE 8, "DEFINITIONS AND RULES
OF CONSTRUCTION", SECTION 8-102, "DEFINITIONS", TO REPLACE
THE DEFINITION FOR "COASTAL HIGH HAZARD AREA" WITH A NEW
DEFINITION FOR "COASTAL STORM AREA"; AND MAKING
AMENDMENTS TO THE CODE OF ORDINANCES, CHAPTER 24,
ARTICLE III, WELLHEAD PROTECTION, SECTION 24.63 PERMIT-
REQUIRED AND SECTION 24.64 PERMIT REQUIREMENTS, TO
MODIFY THE REQUIREMENTS FOR A WELLHEAD PROTECTION
PERMIT AND A PROTECTION-CONTAINMENT PLAN, INCLUDING AN
INCREASE IN THE DISTANCE FROM 500 FEET TO 1,000 FEET
REQUIRED FROM A WELL FOR POTENTIAL EXPANSION/CHANGE
OF AN EXISTING USE WITH CONTAMINATING MATERIALS;
CERTIFYING CONSISTENCY WITH THE CITY'S COMPREHENSIVE
PLAN AND PROPER ADVERTISEMENT; PROVIDING FOR
SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Clearwater adopted a new Community Development Code on
January 21, 1999 which was effective on March 8, 1999, and
WHEREAS, it is necessary to amend the Community Development Code for consistency
with the Comprehensive Plan, and
WHEREAS, the City of Clearwater, Florida, adopted the Evaluation and Appraisal
Report-based amendments to the Comprehensive Plan by Clearwater Ordinance No. 7993-08,
on December 18, 2008, and
WHEREAS, the City of Clearwater has determined where the Community Development
Code needs clarification and revision, and
WHEREAS, the City of Clearwater recognizes the need to amend Section 24.63 and
Section 24.64, Code of Ordinances, Chapter 24, Article III, by amending wellhead protection
permit language; now therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER,
FLORIDA:
Section 1. That Article 1, "General Provisions", Division 1, Section 1-108,
"Countywide Consistency", of the Community Development Code, be, and the same is hereby
amended to read as follows:
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Attachment number 1
Page 3 of 11
Section 1-108. Future land use map e4ntywid° nnncic4nnn"
A. Countywide consistency. Applications for development approval shall be consistent
with the provisions of this Community Development Code and the Countywide Future Land
Use Plan as required by state law. Development potential is based on the applicable zoning
district and as permitted by the Countywide Future Land Use Plan Designation. In cases where
there is a difference between the density permitted in the zoning district and that which is
permitted by the land use classification, the more restrictive shall prevail. In addition, uses of
land shall be consistent with uses permitted in the assigned zoning district as well as the uses
permitted by the Countywide Future Land Use Plan Designation.
B. Map adiustments. Plan map boundary adjustments for Water/Drainage Feature,
Preservation and Recreation/Open Space categories may be made by the Community
Development Coordinator provided that such map adiustments are consistent with a
jurisdictional boundary determination under state agency rules which is consistent with such
rules; or are consistent with an approved site or project plan for a body of water or drainage
feature; or are consistent with the purpose and characteristics of the particular category being
adjusted and are based upon a finding of appropriateness by the Community Development
Coordinator that such adjustment is de minimis in extent and effect.
Section 2. That Article 1, "General Provisions", Division 1, Section 1-109, "Zoning
Atlas", of the Community Development Code, be, and the same is hereby amended to read as
follows:
Section 1-109. Zoning atlas.
**********
E. Adjustments to the zoning atlas. Zoning atlas adiustments may be made by the
Community Development Coordinator based upon information demonstrating errors or
omissions. or based upon historical data.
Section 3. That Article 2, "Zoning Districts", Division 13, "Industrial, Research and
Technology District ("IRT"), Section 2-1303, "Table 2-1303", 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. '7RT"District Flexible Standard Development
Min. Lot Min. Lot
Min. Setbacks Max.
MIN. OFF-STREET
Uses Area Width
Height
(ft.) PARKING
ft)
(sq. (ft.) (A)
Side/
Front*
Rear
Automobile Service StationsLL 20,000 100 20 15 30 4/1000 SF GFA
Major Vehicle ServiceLL 20,000 100 20 15 30 4/1000 SF GFA
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Manufacturing (2) (4) 10,000 100 20 15 50 1.511,000 SF GFA
Offices 20,000 200 20 15 50 3/1,000 SF GFA
1--10/1,000 SF Land Area or
as determined by the
Outdoor Recreation/Entertainment L3) 40,000 200 20 15 30 community development
coordinator based on TIE
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 FacilitiesL 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 (-3) 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 (4) 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 FacilitiesQ (5) n/a n/a 20 15 n/a n/a
Vehicle Sales/Displays and Major 40
000 200 20 15 30 1.511,000 SF Lot Sales Area
Vehicle Sales/DisplaysL?) (4) ,
Vehicle ServiceL?) (4) 10,000 100 20 15 50 1.511,000 SF GFA
Veterinary Offices or Animal 10,000 100 20 15 30 511,000 SF GFA
Grooming
Wholesale/Distribution/Warehouse 10
000 100 20 15 50 1.511
000 SF GFA
Facility , ,
*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.
Automobile service station, major vehicle service, and retail sales and service uses in the Industrial Limited (IL)
future land use category that are not part of a master development plan 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 the
appropriate category which shall include such uses and all contiguous like uses.
(4) 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.
Outdoor recreation/entertainment uses in the Industrial Limited (IL) future land use category that are not part of a
master development plan shall not exceed five acres. Any such use, alone or when added to contiguous like uses which
exceed five acres shall reauire a land use plan man amendment to the annronriate cateeorv which shall include such
uses and all contiguous like uses.
4 -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.
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(-3} 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.
(5} Utility/infrastructure 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 Transportation/Utility which shall include
such uses and all contiguous like uses.
(16} 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.
**********
Section 4. That Article 3, "Development Standards", Division 8, "Fences and Walls",
Section 3-804, "Setback and height requirements", of the Community Development Code, be,
and the same is hereby amended to read as follows:
Section 3-804. Setback and height requirements.
B. Side and rear setback areas.
**********
Fences and walls shall be permitted to a maximum height of six feet between the principal
structure and any side or rear lot line with the following exceptions:
a. Fences and walls may be permitted up to eight feet in height if located in the Industrial,
Research, and Technology District ("I RT").
b. Fences and walls may be permitted up to eight feet in height in the Commercial District
through Level One, (Flexible Standard Development) approval to buffer uses with drive-
thru facilities, vehicle sales/displays, automobile service stations, outdoor retail sales,
display and/or storage and residential zoning districts. If any fence is part of a Level Two
review, the decision to approve the fence will be made by the Community Development
Board.
C. On those properties adjacent to water, fences proposed to be located within 20 feet of
the property line adjacent to the water or within the required setback, whichever is
greater, must be non-opaque and cannot exceed 48 inches in height.
Wale rent FGpeF y EXGept as preyi` ed- in ci ihcon4ion I or 70 nn f°nn° er wall is permitted wi4hin
the Feq uiFedd co4har* aGIi9iRiRg wat&F-.
Delete existing graphic.
Delete existing graphic.
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Delete existing graphic.
**********
Section 5. 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.
**********
B. To enhance views of the water from waterfront property, no structure or landscaping may be
installed, other than a fence around a swimming pool or any non-opaque fences not exceeding 48 36
inches, within the sight visibility triangle described in the following figure, except as otherwise allowed in
Article 3, Division 8.
Remove existing graphic and replace with the following graphic.
NO STRUCTURE OR LANDSCAPING
MAY BE INSTALLED. OTHER THAN
NON-OPAQUE FENCE NOT
EXCEEDING 48" IN HEIGHT
20"
PROPERTY LINE (TYPICAL)
STRUCTURE
20'
SIGHT VISIBILITY TRIANGLE
WATER
A
:)o
v
1
I -PROPERTY LINE, SEAWALL OR.
MEAN HIGH WATER LINE.
WHICHEVER IS CLOSEST TOWARD
A THE INTERIOR OF THE PROPERTY
50 11
Enhanced Views Restrictions
Section 6. That Article 3, "Development Standards", Division 9, "General
Applicability Standards", Section 3-908, "Permitted encroachments into setbacks and over street
rights-of-way", of the Community Development Code, be, and the same is hereby amended to
read as follows:
Section 3-908. Permitted encroachments into setbacks and over street rights-of-way.
Certain building and other projections shall be permitted to extend into setback areas
and may be permitted to encroach over street rights-of-way as follows:
A. Building projections which are affixed solely to the building and not directly affixed to
the ground such as building fascias, roof overhangs, eaves, canopies other than
freestanding canopies, awnings, marquees, and other similar projections, shall be
permitted to project into required setbacks as specified below.
-6-
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In the Tourist, Commercial and Downtown Districts, such projections
shall be limited to ten feet and shall be permitted into any required
setback and over street rights-of-way provided a clearance of eight
e+ne feet over grade is maintained. In no case shall such projection
be closer than five feet from the curbline or the shoulder of the
roadway. Any awning with supports may be located up to the
property line and any awning that projects into a right-of-way shall be
cantilevered.
**********
Section 7. That Article 3, "Development Standards", Division 9, "General
Applicability Standards", Section 3-914, "Stormwater detention facilities", of the Community
Development Code, be, and the same is hereby amended to read as follows:
Section 3-914. Stormwater detention facilities.
**********
C. The use of low impact development techniques for stormwater management,
such as minimal land disturbance, the preservation of native vegetation, and the minimization of
impervious cover, shall be required unless determined infeasible by the Engineering
Department.
Section 8. That Article 3, "Development Standards", Division 12, "Landscaping/Tree
Protection", Section 3-1202, "General landscaping standards", of the Community Development
Code, be, and the same is hereby amended to read as follows:
Section 3-1202. General landscaping standards.
**********
B. Plant material specifications. Except as provided in subsection (6) below, plant materials
which are utilized to satisfy the landscaping required by this development code shall comply
with the following minimum standards:
**********
3. Plant materials shall be those which are native to Central Florida, considered Florida-
friendly plant materials, requiring minimal amounts of water, fertilizers and pesticides,
and which are recommended in the Plant Guide of the Southwest Florida Water
Management District are strongly encouraged.
**********
Section 9. That Article 3, "Development Standards", Division 18, "Signs",
Section 3-1805, "Signs permitted without a permit", of the Community Development
Code, be, and the same is hereby amended to delete subsection 3-1805.U and re-letter
the subsequent sections as appropriate:
Section 3-1805. Signs permitted without a permit.
The following signs may be developed without development review pursuant to
Article 4 of this development code:
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**********
In the fln?nintn?nin DiStrint, t_4% niinh hn °rr! Sinn fG)F eciv rlir--p- r.SZCa
b si%66 but nn mnr° than tWG Pee Ind
**********
Section 10. That Article 3, "Development Standards", Division 19, "Subdivision Design
Standards", Section 3-1910, "Same--Water supply facilities", of the Community Development
Code, be, and the same is hereby amended to read as follows:
Section 3-1910. Same-Water supply facilities.
**********
D. When new subdivisions are being developed at locations where reclaimed water will
be available within seven (7) years from the issuance of the development order, the developer
shall provide internal reclaimed water systems that are constructed to City specifications.
Section 11. That Article 4, "Development Review and Other Procedures", Division 6,
"Level Three Approvals", Section 4-607, "Historic designation", of the Community Development
Code, be, and the same is hereby amended to read as follows:
Section 4-607. Historic designation.
**********
B. Application. An application for historic designation may be initiated by the City or
by a property owner based on a report which includes, at a minimum, the following:
The location and boundaries of the property or district.
2. The historic, architectural, or archaeological value of the property or district, and its
relationship to the history, government or culture of the city.
3. Present and projected economic trends and conditions relating to the maintenance,
development or redevelopment of the property or district.
4. A list of contributing and noncontributing properties within a district.
**********
Section 12. That Article 4, "Development Review and Other Procedures", Division 9,
"Concurrency Management", Section 4-901, "Authority and applicability", of the Community
Development Code, be, and the same is hereby amended to read as follows:
Section 4-901. Authority and applicability.
**********
C. Exception. No certificate of concurrency/capacity is required for the following:
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**********
6. Public transportation facilities.
Section 13. That Article 4, "Development Review and Other Procedures", Division 9,
"Concurrency Management", Section 4-902, "Application and procedures", of the Community
Development Code, be, and the same is hereby amended to read as follows:
Section 4-902. Application and procedures.
A. An application for a certificate of concurrency/capacity shall be filed with the
community development coordinator as part of an application for development approval and
shall include such fees as are required by Section 4-202 f€}.
**********
Section 14. 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.
For the purposes of this Development Code, the following words and terms have the
meanings specified herein:
**********
Coastal storm "pry"n,?„ " a area means the area delineated in Map E-1 of the Coastal
Management Element of the Clearwater Comprehensive Plan, which encompasses all of the
following: (1) the Coastal High Hazard Area (CHHA), which shall be defined by the Sea, Lake
and Overland Surges from Hurricanes (SLOSH) model to be inundated from a category one
hurricane, as reflected in the most recent Regional Evacuation Study, Storm Tide Atlas, (2) all
land connected to the mainland of Clearwater by bridges or causeways, (3) those isolated areas
that are defined by the SLOSH model to be inundated by a category two hurricane or above and
that are surrounded by the CHHA or by the CHHA and a body of water, and (4) all land located
within the Velocity Zone as designated by the Federal Emergency Management Agency 661bjeG
tG high VeIGGity waters, blult AG_t lornitRadd tG_ wave ?N_ash. The area may be
desSigRated on a FIR A °6zeno VI -30, VE or
**********
Section 15. That Code of Ordinances, Chapter 24, Article III, Wellhead Protection,
Section 24.63 Permit-Required, be, and the same is hereby amended to read as follows:
Sec. 24.63. Permit--Required.
(1) A wellhead protection permit shall be obtained from the engineering director for any
new business, commercial, industrial or other activity that has the potential to store or discharge
harmful quantities of known contaminating materials if any portion of the subject property is
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Page 10 of 11
within 1,000 feet of a potable water well. A wellhead nrotontion normit Shall be obtained- from the
?N°te.r elrr A wellhead protection permit shall be obtained from the engineering director for any
new residential construction on property located within the city if any portion of the subject
property is within 100 feet of a potable water well. A wellhead protection permit may be issued
by the engineering director after review of the application and protection-containment plan (if
required) submitted by the applicant. No business tax receipt or building permit shall be issued
for any activity for which a wellhead protection permit is required until such permit has been
issued. Permits shall have a term not to exceed 12 months and shall expire on March 15 of
each year. Applications for annual permit renewal shall be submitted no later than 30 days prior
to permit expiration.
Section 16. That Code of Ordinances, Chapter 24, Article III, Wellhead Protection,
Section 24.64 Permit Requirements, be, and the same is hereby amended to read as follows:
Sec. 24.64. Permit requirements.
**********
(4) If any new activity is proposed within 1,000 feet of a potable water supply well that
has the potential to store or discharge harmful quantities of known contaminating materials, a
protection-containment plan shall be submitted. if an., nontaminatinn material is nronocor! to be
h 500
feet of a potable wateF supply well, a PFGteGtiGA GGAtAiARqeRt plaR ShAll hR 9311hMittRd If any
contaminating material is proposed to be used or stored for residential use within 100 feet of a
potable water supply well, a protection-containment plan shall be submitted.
(5) A wellhead protection permit application shall at a minimum include a location map of
the potable water well and 1,000 599 feet surrounding the well, plans for the proposed
development or expansion/change of an existing use (if applicable), the location and
identification of the proposed activity, existi, rases OR -A Fnn feet pro f„r -A nr\mmorniAl ''co
application or ° 'Inn foot ZAn° for ° rocirlon4i?l use appli,.ati.,na listing of any contaminating
`^mff'aterial to be used or stored on the site and a protection-containment plan if necessary.
Section 17. Amendments to the Community Development Code of the City of
Clearwater (as originally adopted by Ordinance No. 6348-99 and subsequently amended) and
amendments to the Code of Ordinances, Chapter 24, Article III, Wellhead Protection, Sections
24.63 Permit-Required and 24.64 Permit Requirements, are hereby adopted to read as set forth
in this Ordinance.
Section 18. 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 19. 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 20. Notice of the proposed enactment of this Ordinance has been properly
advertised in a newspaper of general circulation in accordance with applicable law.
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Section 21. This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Approved as to form:
Leslie K. Dougall-Sides
Assistant City Attorney
Frank V. Hibbard
Mayor
Attest:
Cynthia E. Goudeau
City Clerk
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Page 1 of 6
CDB Meeting Date
Case Number:
Ordinance Number
Agenda Item:
October 20, 2009
TA2009-03006
8070-09
E-1
CITY OF CLEARWATER
PLANNING DEPARTMENT
STAFF REPORT
TEXT AMENDMENT
REQUEST: Amendments to the Community Development Code and the Code of
Ordinances to implement the EAR-Based Amendments to the
Comprehensive Plan, to bring consistency between the Countywide
Plan Rules and the Community Development Code, to increase the
maximum height from 36 inches to 48 inches for non-opaque fences
on waterfront lots, to specify certain adjustments to the Zoning Atlas
to be made by the Community Development Coordinator, to decrease
the clearance required for awnings from nine to eight feet, to
eliminate sandwich board signs as signs permitted without a permit in
the Downtown District, and to address other minor editorial changes.
INITIATED BY: City of Clearwater Planning Department
BACKGROUND INFORMATION:
The proposed text amendments to the Community Development Code and the Code of
Ordinances are associated with and are intended to ensure consistency with the 2008 EAR-Based
Amendments to the Clearwater Comprehensive Plan.
ANALYSIS:
The Planning Department is recommending a total of 14 amendments to the Community
Development Code and 2 amendments to the Code of Ordinances.
Some of the amendments are to provide consistency with the EAR-based amendments to the
Clearwater Comprehensive Plan that were adopted on December 18, 2008. Others ensure
consistency with the Countywide Plan Rules. Some amendments present a change in current
policy or a new policy. Other amendments are editorial in nature or are refinements to existing
codes.
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Please find below a summary of the proposed amendments organized by Code Article. Attached
is Ordinance No. 8070-09 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 1 - General Provisions
¦ Map Adjustments (Section 1-108 and Section 1-109 of Ordinance, Pages 2-3)
• Future Land Use Plan Map Adjustments - The ordinance adds the criteria for
future land use map adjustments for the water/drainage feature, preservation, and
recreation/open space categories.
• Zoning Atlas Adjustments - This ordinance adds subsection E to Section 1-109,
which allows minor zoning adjustments to be made by the Community
Development Coordinator based upon information demonstrating errors or
omissions, or based upon historical data.
Article 2 - Zoning Districts
¦ Flexible standard development uses in IRT (Pages 3-5 of Ordinance).
This amendment applies limitations to certain uses within the Industrial, Research and
Technology (IRT) district consistent with the Countywide Plan Rules. This ordinance
amends IRT to provide size limitations for automobile service station, major vehicle service,
and retail sales and service uses and outdoor recreation/entertainment uses that are not part of
a master development plan within the Industrial Limited (IL) land use category to 5 acres. If
these uses exceed 5 acres, the property must be designated the appropriate future land use
categories that support these uses as primary uses.
Article 3 - Development Standards
¦ Fence heights on waterfront lots (Pages 5-6 of Ordinance). This amendment adds new
Subsection "c" to Subsection 3-804.13.1 to allow for non-opaque fences to be 48 inches
rather than 36 inches in height on waterfront lots as requested by City Council. This
amendment deletes Subsection 3-804.C and deletes existing graphics.
¦ Fence heights in visibility triangle on waterfront lots (Page 6 of Ordinance). This
amendment increases from 36 inches to 48 inches the maximum height for non-opaque
fences permitted within the sight visibility triangle for waterfront lots and replaces the
existing graphic. This amendment is consistent with the change outlined above.
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¦ Encroachments by awnings (Pages 6-7 of Ordinance). This amendment decreases the
clearance from nine to eight feet for awnings encroaching into setbacks and rights-of-way
in the T, C and D Districts. This change reflects the typical clearance of many awnings.
¦ Stormwater detention facilities (Page 7 of Ordinance). This amendment requires, where
feasible, the use of low impact development techniques for stormwater management.
This amendment is associated with Clearwater Comprehensive Plan Policy F.2.1.10 that
specifies that the City will encourage the use of "Low Impact Development" techniques
for stormwater management, such as minimal land disturbance, the preservation of native
vegetation, and the minimization of impervious cover, through site plan and internal
review processes.
¦ Landscaping (Page 7 of Ordinance). This amendment adds "Florida-friendly" plant
materials to those that are to be utilized to satisfy minimum landscaping requirements.
This amendment implements Clearwater Comprehensive Plan Policy F.1.1.1 that states
that all new residential and non-residential development shall be required to provide a
specified amount of Florida friendly shade trees based on an established desired ratio of
pervious to impervious surface areas. Shade trees will serve to provide heat reduction,
noise abatement, buffering, replenishment of oxygen, and aesthetic beauty.
¦ Signs (Pages 7-8 of Ordinance). This amendment deletes sandwich board signs from the
list of signs permitted without a permit as the provision was superseded in the Downtown
Plan and by Ordinance No. 7997-08.
¦ Reclaimed Water in Subdivisions (Page 8 of Ordinance). This amendment requires
developers of new subdivisions to provide internal reclaimed water systems when
reclaimed water will be available within seven years from the issuance of the
development order. This amendment implements Clearwater Comprehensive Plan
Policy D.5.5.8 which requires this to occur.
Article 4 - Development Review and Other Procedures
¦ Historic Designation (Page 8 of Ordinance). This amendment allows the City in
addition to property owners to initiate an application for historic designation.
¦ Application and Procedures (Page 9 of Ordinance). This amendment is an editorial
correction for development approval fees required by Section 4-202(F) rather than as
currently incorrectly listed as Section 4-202(E).
Article 8 - Definitions and Rules of Construction
¦ Definitions (Page 9 of Ordinance). This amendment provides a new definition of Coastal
Storm Area which incorporates and replaces the definition of Coastal High Hazard Area
and is consistent with the changes made in the EAR-based Comprehensive Plan
amendments.
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CODE OF ORDINANCES
Chapter 24, Article III
¦ Wellhead Protection - Permit-Required and Permit Requirements (Pages 9-10 of
Ordinance). These amendments modify the requirements for a wellhead protection
permit and a protection-containment plan, including an increase in the distance from 500
feet to 1,000 feet from a well for potential expansion/change of an existing use with
contaminating materials. These two amendments are associated with Clearwater
Comprehensive Plan Policy D.5.7.3 that requires the City of Clearwater to continue to
protect groundwater quality by enforcing the Wellhead Protection Ordinance within the
area as specified in the plan as well as the guidelines and criteria for protection of potable
water wellfields.
CRITERIA FOR TEXT AMENDMENTS:
Community Development Code Section 4-601 sets forth the procedures and criteria for
reviewing text amendments. Code amendments must comply with the following:
1. The proposed amendment is consistent with and furthers the goals, policies and
objectives of the Comprehensive Plan.
Below is a selected list of goals, objectives and policies from the Clearwater Comprehensive
Plan that are furthered by the proposed amendments to the Community Development Code:
A.3. GOAL - THE CITY OF CLEARWATER SHALL ENSURE THAT ALL
DEVELOPMENT OR REDEVELOPMENT INITIATIVES MEET THE
SAFETY, ENVIRONMENTAL, AND AESTHETIC NEEDS OF THE
CITY THROUGH CONSISTENT IMPLEMENTATION OF 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.
The proposed amendments include the addition of language allowing plan map boundary
adjustments for Water/Drainage Feature, Preservation and Recreation/Open Space
categories to be made by the Community Development Coordinator provided such map
adjustments are consistent with the Countywide Plan Rules, upon a finding of
appropriateness that such adjustment is minimal in extent and effect. Also, included is an
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amendment that allows adjustments to the City's Zoning Atlas to be made by the
Community Development Coordinator based upon information demonstrating errors or
omissions or based upon historical data. These adjustments will be consistent with the
Countywide Future Land Use Map and Countywide Rules.
Policy F.2.1.10 The City will encourage the use of "Low Impact Development" techniques
for stormwater management, such as minimal land disturbance, the
preservation of native vegetation, and the minimization of impervious
cover, through site plan and internal review processes.
The proposed amendment to Section 3-914 adds a requirement for low impact development
techniques for stormwater management.
Policy F.1.1.1 Require all new residential and non-residential development to provide a
specified amount of Florida friendly shade trees based on an established
desired ratio of pervious to impervious surface areas. Shade trees will serve
to provide heat reduction, noise abatement, buffering, replenishment of
oxygen, and aesthetic beauty.
The proposed amendment to Section 3-1202 includes language to include required plant
materials that are considered to be Florida-friendly.
Policy D.5.5.8 When new subdivisions are being developed and/or redevelopment occurs,
at locations where reclaimed water will be available within seven (7) years,
the developer shall provide internal reclaimed water systems that are
constructed to City specifications.
The proposed amendment to Section 3-1910 requires the developers of new subdivisions to
provide internal reclaimed water systems for locations where reclaimed water will be
available within seven (7) years.
The amendments provide processes and procedures to ensure that the Community Development
Code is consistent with the above goals, objectives and policies of the Clearwater
Comprehensive Plan. Many of the amendments implement the EAR-based Comprehensive Plan
amendments.
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 providing for limitations on
uses, to standards and procedures. For example, proposed amendment (#7) to Section 3-914
creates standards for development techniques for stormwater management, while the amendment
(#11) to Section 4-607 changes the way historic sites are nominated for designation. The
proposed amendments are consistent with the provisions of Section 1-103 that lists the purposes
of the Code.
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SUMMARY AND RECOMMENDATION:
The proposed amendments to the Community Development Code are consistent with and further
the goals of the Clearwater Comprehensive Plan, the purposes of the Community Development
Code and the Code of Ordinances. The amendments further those development goals established
in the Code. Existing provisions of the Community Development Code and Code of Ordinances
will be amended to better reflect City development patterns, improve internal processes and to
meet the requirements of Florida Statutes by adopting code provisions that are consistent with
the EAR-based amendments.
Based upon the above, the Planning Department recommends APPROVAL of Ordinance No.
8070-09 that amends the Community Development Code and the Code of Ordinances.
Prepared by Planning Department Staff:
Sandra E. Herman, Planner III
ATTACHMENT:
? Ordinance No. 8070-09
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C:AProgramFites\Neevia.Com\DocumentConverter\temp\Agenda.PDFConvert.10541.docx Item # 10
?- Meeting Date: I 1/ 17/2009
City Council Agenda
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Adopt Ordinance 8079-09 on second reading, amending the future land use plan element of the Comprehensive Plan of the city to
change the land use for certain real property whose post office address is 2337 Gulf-to-Bay Boulevard from Residential Medium
(RM) to Commercial General (CG).
SUMMARY:
Review Approval: 1) Clerk
Cover Memo
Item # 11
Attachment number 1
Page 1 of 1
ORDINANCE NO. 8079-09
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
AMENDING THE FUTURE LAND USE PLAN ELEMENT OF THE
COMPREHENSIVE PLAN OF THE CITY, TO CHANGE THE
LAND USE DESIGNATION FOR CERTAIN REAL PROPERTY
LOCATED ON THE SOUTH SIDE OF GULF-TO-BAY
BOULEVARD, APPROXIMATELY 1,090 FEET WEST OF
EDENVILLE AVENUE, CONSISTING OF A PORTION OF METES
AND BOUNDS 31/071, IN SECTION 18, TOWNSHIP 29 SOUTH,
RANGE 16 EAST, LESS THE NORTH 50 FEET FOR GULF-TO-
BAY BOULEVARD, WHOSE POST OFFICE ADDRESS IS 2337
GULF-TO-BAY BOULEVARD, FROM RESIDENTIAL MEDIUM
(RM) TO COMMERCIAL GENERAL (CG); 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 as follows:
Property
See attached legal description
(LUZ2009-06001)
Land Use Category
From: Residential Medium (RM)
To: Commercial General (CG)
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, subject to the
approval of the land use designation by the Pinellas County Board of County Commissioners,
and subject to a determination by the State of Florida, as appropriate, of compliance with the
applicable requirements of the Local Government Comprehensive Planning and Land
Development Regulation Act, pursuant to § 163.3189, Florida Statutes. The Community
Development Coordinator is authorized to transmit to the Pinellas County Planning Council an
application to amend the Countywide Plan in order to achieve consistency with the Future Land
Use Plan Element of the City's Comprehensive Plan as amended by this ordinance.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Approved as to form:
Leslie K. Dougall-Sides
Assistant City Attorney
Frank V. Hibbard
Mayor
Attest:
Cynthia E. Goudeau
City Clerk
Item # 11
Ordinance No. 8079-09
?- Meeting Date: I 1/ 17/2009
City Council Agenda
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Adopt Ordinance No. 8080-09 on second reading, amending the Zoning Atlas of the city by rezoning certain real property whose
post office address is 2337 Gulf-to-Bay Boulevard from Mobile Home Park (MHP) to Commercial (C).
SUMMARY:
Review Approval: 1) Clerk
Cover Memo
Item # 12
Attachment number 1
Page 1 of 1
ORDINANCE NO. 8080-09
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY
BY REZONING CERTAIN PROPERTY LOCATED ON THE
SOUTH SIDE OF GULF-TO-BAY BOULEVARD,
APPROXIMATELY 1,090 FEET WEST OF EDENVILLE
AVENUE, CONSISTING OF A PORTION OF METES AND
BOUNDS 31/071, IN SECTION 18, TOWNSHIP 29 SOUTH,
RANGE 16 EAST, LESS THE NORTH 50 FEET FOR GULF-
TO-BAY BOULEVARD, WHOSE POST OFFICE ADDRESS
IS 2337 GULF-TO-BAY BOULEVARD, FROM MOBILE
HOME PARK (MHP) TO COMMERCIAL (C); PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the amendment to the zoning atlas of the City as set forth in this
ordinance is found to be reasonable, proper and appropriate, and is consistent with the
City's Comprehensive Plan; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF CLEARWATER, FLORIDA:
Section 1. The following described property in Clearwater, Florida, is hereby
rezoned, and the zoning atlas of the City is amended as follows:
Property
See attached legal description
(LUZ2009-06001)
Zoning District
From: Mobile Home Park (MHP)
To: Commercial (C)
Section 2. The City Engineer is directed to revise the zoning atlas of the City in
accordance with the foregoing amendment.
Section 3. This ordinance shall take effect immediately upon adoption, subject to
the approval of the land use designation set forth in Ordinance 8079-09 by the Pinellas
County Board of County Commissioners, and subject to a determination by the State of
Florida, as appropriate, of compliance with the applicable requirements of the Local
Government Comprehensive Planning and Land Development Regulation Act, pursuant
to §163.3189, Florida Statutes.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Frank V. Hibbard
Mayor
Approved as to form:
Leslie K. Dougall-Sides
Assistant City Attorney
Attest:
Cynthia E. Goudeau
City Clerk
Item # 12
Ordinance No. 8080-09
?- Meeting Date: I 1/ 17/2009
City Council Agenda
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Adopt Ordinance No. 8088-09 on second reading, amending the Comprehensive Plan of the city as adopted on May 18, 2000, as
subsequently amended, amending the capital improvement element, making corrections and modifications pursuant to the updated
schedule of the City of Clearwater's FY 2009-2010 through FY 2014-2015 Capital Improvement Program Budget adopted on
September 17, 2009, and updating the reference in Policy I.1.1.2 to the School District's Five Year Work Program for FY 2009-
2010 through 2013-2014 as adopted by the School Board on September 15, 2009.
SUMMARY:
Review Approval: 1) Clerk
Cover Memo
Item # 13
Attachment number 1
Page 1 of 11
ORDINANCE NO. 8088-09
AN ORDINANCE OF THE CITY OF
CLEARWATER, FLORIDA, AMENDING THE
COMPREHENSIVE PLAN OF THE CITY AS
ADOPTED ON MAY 18, 2000, AS
SUBSEQUENTLY AMENDED, AMENDING THE
CAPITAL IMPROVEMENTS ELEMENT, MAKING
CORRECTIONS AND MODIFICATIONS
PURSUANT TO THE UPDATED SCHEDULE OF
THE CITY OF CLEARWATER'S FY2009/10
THROUGH FY2014/15 CAPITAL
IMPROVEMENT PROGRAM BUDGET
ADOPTED ON SEPTEMBER 17, 2009, AND
UPDATING THE REFERENCE IN POLICY 1.1.1.2
TO THE SCHOOL DISTRICT'S FIVE-YEAR
WORK PROGRAM FOR FY2009/10 THROUGH
2013/14 AS ADOPTED BY THE SCHOOL
BOARD ON SEPTEMBER 15,2009; PROVIDING
FOR SEVERABILITY; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the Local Government Comprehensive Planning and
Land Development Regulation Act of Florida empowers and requires the
City Council of the City of Clearwater to plan for the future development
and growth of the City, and to adopt and periodically amend the
Comprehensive Plan, including elements and portions thereof; and
WHEREAS, the City of Clearwater adopted a Comprehensive Plan
on May 18, 2000 by Ordinance Number 6522-00, subsequently amended;
and
WHEREAS, certain amendments are statutorily required, and
others are advisable in order to harmonize the Comprehensive Plan with
state law and good planning practice; and
WHEREAS, amendments to the Comprehensive Plan of the City
have been prepared in accordance with the applicable requirements of
law, after conducting the appropriate planning analysis, and public
participation through public hearings, opportunity for written comments,
open discussion and the consideration of public and official comments;
and
WHEREAS, the Community Development Board, serving as the
designated Local Planning Agency for the City, has held a public hearing
on the proposed amendments and has recommended adoption of the
proposed Comprehensive Plan amendments; and
Ordinance No. 80%&W# 13
Attachment number 1
Page 2 of 11
WHEREAS, per provisions of Florida Statutes Chapter 163, it is
necessary to annually adopt an ordinance amending and updating the
Capital Improvements Element of the Comprehensive Plan to maintain a
financially feasible minimum 5-year schedule of capital improvements
consistent with the plan; and
WHEREAS, the City Council finds it necessary, desirable and
proper to adopt the amendments to the objectives and policies of the
Comprehensive Plan in order to reflect changing conditions; now,
therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. Amendments to the text of the Clearwater
Comprehensive Plan attached hereto as Exhibit "A" are hereby adopted.
Section 2. If any section, provision, clause, phrase, or application
of this Ordinance shall be declared unconstitutional or invalid for any
reason by a court of competent jurisdiction, the remaining provisions shall
be deemed severable therefrom and shall remain in full force and effect.
Section 3. This ordinance shall become effective when the
Department of Community Affairs (DCA) issues a final order determining
the adopted amendment to be in compliance, or the Administration
Commission issues a final order determining the adopted amendments to
be in compliance, in accordance with Section 163.3177, 163.3178,
163.3184, 163.3187, 163.3189 or 163.3189 F.S., as amended.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Approved as to form:
Leslie K. Dougall-Sides
Assistant City Attorney
Frank Hibbard
Mayor
Attest:
Cynthia E. Goudeau
City Clerk
2 Ordinance No. 8088-09
Item # 13
Attachment number 1
Page 3 of 11
ORDINANCE 8088-09
EXHIBIT A
AMENDMENT 1 - CAPITAL IMPROVEMENTS ELEMENT SUMMARY
Amend Capital Improvements Element Needs Summary of the Plan on Page 1-1 as
follows:
Capital Improvements Element Needs Summary:
The following summarizes several of the current capital improvement projects and
funding sources proposed for public facilities supported in the other Comprehensive
Plan Elements and as specified in the City's six-year schedule of the Capital
Improvement Program (CIP) that is updated and adopted annually by the City Council:
• The $2.5 million Bayshore Boulevard Realignment Project is planned in FY2012/13.
This project will eliminate a dangerous curve must north of Drew Street on heavily
traveled Bayshore Boulevard. Funding is Penny for Pinellas III. The $1.25 million
-Druid Read IMPFG ieMeRtSPFGjeGt 06 PI-ARTP-d i..A?Znn T-. thy-GGMp7etiGR A-f thc
paths.
Ci Rdinn i° PeRRY fG. Rln.!I--
• The City's Streets and Sidewalks Program is currently budgeted for $15.283472
million on the six-year CIP schedule with a funding source of road millage.
• The City proposes a total of $43.845 48 44 million of improvements within the City's
Stormwater Infrastructure Program over the six-year CIP period. The funding sources
for this project are the Stormwater Fund and a future bond issue.
• The $1.602 1 -5F)2 million Commercial Container Acquisition CIP project is planned
through Solid Waste funds.
• The $19.627 2x-066 million Reclaimed Water Distribution System CIP project is being
funded through: issue, $17.112 a3-841 million from future
bond issue, $0.986 million 4R22 from Sewer Revenue, and $1.529 million from Utility
Renewal and Replacement.
AMENDMENT 2 - CAPITAL IMPROVEMENTS ELEMENT GOALS, OBJECTIVES
AND POLICIES
Amend Policy 1.1.1.2 of Objective 1.1.1 of Goal 1.1. on page I-2 as follows:
1.1.1.2 The City shall be permitted to amend the Schedule of Capital Improvements
two times during any calendar year and as allowed for emergencies, developments of
regional impact and certain small-scale development activities pursuant to Florida
Statutes 163.3187. The annual update of the plan is hereby incorporated by reference
and is located following policy 1.1.7.6 as the FY2009/10 Annual Update to the Capital
3 Ordinance No. 8088-09
Item # 13
Attachment number 1
Page 4 of 11
Improvements Element. Ths?°?' ^fsapital Rn e e s one
Clearwater FY2?.1Qq -Capital ImPrnVeMeRt Dregr°m Budget 16 innnrr,nro+ed _;;6
Cnh°r!i il° I_4 of this Capital ImprA\4pm°nts GI°m°nt
4?7T7
AMENDMENT 3 - CAPITAL IMPROVEMENTS ELEMENT GOALS, OBJECTIVES
AND POLICIES
Amend Policy 1.1.7.6 of Objective 1.1.7 of Goal l.1 on page I-12 as follows:
1.1.7.6 The City hereby adopts by reference the School District's Five-Year
Work Program for FY 2009/10 TZ` 9 through 2013/14 =1 W1 as
adopted by the School Board on September 15, 2009 9, 2008.
AMENDMENT 4 - CAPITAL IMPROVEMENTS ELEMENT GOALS, OBJECTIVES
AND POLICIES
Remove CAPITAL IMPROVEMENTS ELEMENT SCHEDULE I -A CAPITAL
IMPROVEMENT PROGRAM FY2008/09 commencing on page I-12 and including
Schedule I -A Pages 1-49 following page 1-12, and replace as follows:
FY2009/10 ANNUAL UPDATE TO THE CAPITAL IMPROVEMENTS ELEMENT
The intent of this annual update is to evaluate capacity and demand for concurrency-
related public facilities (solid waste, potable water, stormwater, sanitary sewer, parks and
roads), to determine that LOS standards are being met and that they will service
approved and planned development over a 5-year period.
The City's Capital Improvement Program Budget FY2009/10 is used as the basis for this
update. It ensures that future public facility needs will be met based upon existing,
approved, and planned development that will require public services in the 5-year
planning horizon. It summarizes the timing, location and funding of capital improvement
program construction projects to meet future public facilities demand.
PROJECTIONS
The following tables provide the capacity and demand for each of the City's respective
aublic facilities aroiected over the next 5 vears. There are no aroiected deficiencies.
Report is based on 2008 population: 110,831
Projected 2018 population (Future Land Use Element): 120,028
SOLID WASTE:
4 Ordinance No. 8088-09
Item # 13
Attachment number 1
Page 5 of 11
Current Capacity: 7.12 Ibs per capita per day
Current Demand: 5.19 Ibs per capita per day
Fiscal Projected Demand Projected Capacity at Surplus
Year (Ibs per capita per
2D End of FY (Ibs per
capita per day) Deficit
2009/10 5.19 7.12 1.93
2010/11 5.19 7.12 1.93
2011/12 5.19 7.12 1.93
2012/13 5.19 7.12 1.93
2013/14 5.19 7.12 1.93
Totals
20( 13/14) 5.19 7.12 1.93
Solid Waste LOS Standard: 7.12 Ibs per capita per
day
Current capacity*:
Total Solid Waste capacity (in tons): 143,906
Pounds of Solid Waste per capita per day: 7.12
Current demand:
Total Solid Waste Generated by the City in 2008 (in tons): 104,898
Current Pounds of Solid Waste aer capita aer dav: 5.19
*The current capacity is based on the Citv's LOS standard. Capacity is actuall
greater since the City's Solid Waste Department is able to dispose of all waste
produced within the city, as it works with Pinellas County on waste disposal. Garbage
is taken to the Pinellas County Waste to Energy Plant where most is incinerated. Any
material that is not incinerated is "land filled". The most recent aroiections take the life
of the land fill to the years 2085 to 2090
POTABLE WATER:
Current Capacity: 25 MGD
Current Demand: 12.2 MGD
Fiscal Year Projected Demand Projected Capacity at Surplus (Deficit)
max. End of FY min.
2009/10 12.0 MGD 25.0 MGD 13.0 MGD
2010/11 12.1 MGD 25.0 MGD 12.9 MGD
2011/12 12.1 MGD 25.0 MGD 12.9 MGD
2012/13 12.2 MGD 25.0 MGD 12.8 MGD
2013/14 12.2 MGD 25.0 MGD 12.8 MGD
Totals
20( 13/14) 12.2 MGD 25.0 MGD 12.8 MGD
MGD = million gallons per day; Projections as per the City's Water Master Plan
Ordinance No. 8088-09
Item # 13
Attachment number 1
Page 6 of 11
Potable Water LOS Standard: 120 gallons per capita per day
Current capacity:
Total Potable Water Available per day in gallons: 25,000,000 (25.0 MGD)
Gallons available per capita per day: 225.56
Current demand:
Total Potable Water Consumption per day in gallons: 12,000,000 (12.0 MGD)
Gallons consumed per capita per day: 108.27
STORM WATER:
Current Capacity: 10-year LOS standard
Current Demand: 10-year LOS standard
Fiscal Year Projected Demand Projected Ca pacity at Surplus (Deficit)
End of FY
2009/10 10-Year LOS (Min) 10-Year LOS ( Min) N/A*
2010/11 10-Year LOS (Min) 10-Year LOS ( Min) N/A*
2011/12 10-Year LOS (Min) 10-Year LOS ( Min) N/A*
2012/13 10-Year LOS (Min) 10-Year LOS ( Min) N/A*
2013/14 10-Year LOS (Min) 10-Year LOS ( Min) N/A*
Totals
)
22L3/14 10-Year LOS (Min) 10-Year LOS ( Min) N/A*
Stormwater LOS Standard:
Design storm:
10-year storm frequency for all new street development using the rational design
method
Current Capacity: 10-year LOS
standard (Min.)*
Current Demand: 10-year LOS
standard (Min.)*
Total: 10-vear LOS standard
(Min.)*
*Stormwater management is reviewed on a permit-by-permit basis. The City only
approves if a proposed development meets the LOS standards for stormwater
management facilities listed above.
SANITARY SEWER:
Current Capacity: 257 gallons per capita per day
Ordinance No. 8088-09
Item # 13
Attachment number 1
Page 7 of 11
Current Demand: 127 gallons per capita per day
Fiscal Year Projected Demand Projected Capacity at Surplus (Deficit)
max. End of FY min.
2009/10 14.1 MGD 28.5 MGD 14.4 MGD
2010/11 14.2 MGD 28.5 MGD 14.3 MGD
2011/12 14.2 MGD 28.5 MGD 14.3 MGD
2012/13 14.3 MGD 28.5 MGD 14.2 MGD
2013/14 14.3 MGD 28.5 MGD 14.2 MGD
Totals
20( 13/14) 14.3 MGD 28.5 MGD 14.2 MGD
MGD = million gallons per day; Projections as per the City's Water Pollution Control
(WPC) Master Plan
Sanitary Sewer LOS Standard: 127 gallons per capita per day
Current Capacity (in gallons): 28,500,000
Gallons available per capita per day 257.14
Current Demand: 14,100,000
Gallons available per capita per day 127.22
PARKLAND:
Current Capacity: 13.31 acres per 1,000 people
Current Demand: 4 acres per 1,000 people
Fiscal Projected Demand Projected Capacity at Surplus (Deficit)
Year max. End of FY min.
2009/10 4 per 1,000 13.31 per 1,000 9.31 per 1 ,000
2010/11 4 per 1,000 13.31 per 1,000 9.31 per 1 ,000
2011/12 4 per 1,000 13.31 per 1,000 9.31 per 1 ,000
2012/13 4 per 1,000 13.31 per 1,000, 9.31 per 1 ,000
2013/14 4 per 1,000 13.31 per 1,000 9.31 per 1 ,000
Totals 4 per 1,000 13.31 per 1,000 9.31 per 1 ,000
Parkland LOS Standard: 4 acres Der 1.000 DeoDle
Current capacity (Parkland Acres As of 05/13/09): 1,475 acres (a) 13.31 per 1,000
people
Current demand: 440 acres (a) 4 per 1,000 people
Total (Acres / Per Thousand PeoDle): 1.475 acres na 13.31 Der 1.000
people
Ordinance No. 8088-09
Item # 13
Attachment number 1
Page 8 of 11
ROADS:
Add the following table
City Ton Year C Qrridnr Imps-G ernent Plan FY 208-201P FY N&B-261A
Y Y
? ?' J Q S L} N 1 J e
Lm, CC tl? .? 3 ? _ ? 7 x ?, ° g ,6
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-
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1.5
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t 19, ?li 19 .Cai5C7 1.4 9. 4 112 D D 4
r...cl? f: .:.-. ?.-. 6 i?r: '?'. 160260li 10 2,676 9M5 D G C 7
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o
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-I-. , [Remainder of page is intentially left blankl
Ordinance No. 8088-09
Item # 13
Attachment number 1
Page 9 of 11
FY2009/10 Capital Improvement Program Budgeted Expenditures and Revenues:
Add the following table
CAPITAL IMPROVEMENT PROGRAM FOR FISCAL YEAR 2009/10
GENERAL SOURCES:
General Operating Revenue
General Revenue/County Coop
Road Millage
Penny for Pinellas
Transportation Impact Fee
Local Option Gas Tax
Special Development Fund
Special Program Fund
Grants - Other Agencies
Donations
SELF SUPPORTING FUNDS:
Marine Revenue
Downtown Boat Slips Revenue
Aviation Revenue
Parking Revenue
Utility System:
Water Impact Fees
Sewer Impact Fees
Utility R & R
Stormwater Utility Revenue
Gas Revenue
Solid Waste Revenue
INTERNAL SERVICE FUNDS:
Garage Revenue
Administrative Services Revenue
BORROWING -SELF SUPPORTING FUNDS:
Lease Purchase - Water
Lease Purchase - Stormwater
Lease Purchase - Solid Waste
Lease Purchase - Recycling
Bond Issue - Water & Sewer
BORROWING - INTERNAL SERVICE FUNDS:
Lease Purchase - Garage
Lease Purchase - Administrative Services
TOTAL ALL FUNDING SOURCES:
Budgeted
Revenues
2009/10
1,470,990
635,310
2,090,670
6,225,000
290,000
1,720,000
950,000
30,000
2,900,000
900,000
50,000
15,000
10,000
260,000
250,000
500,000
3,050,490
5,652,800
5,340,000
350,000
119,400
150,000
42,540
300,000
170,000
220,000
15, 665, 240
2,312,300
400,000
$52,069,740
9 Ordinance No. 8088-09
Item # 13
Attachment number 1
Page 10 of 11
Add the following table
CAPITAL IMPROVEMENT PROGRAM FOR FISCAL YEAR 2009/10
Budgeted
Expenditures
FUNCTION: 2009/10
Police Protection 150,000
Fire Protection 678,490
Major Street Maintenance 3,645,670
Intersections 435,000
Parking 250,000
Misc Engineering 35,000
Parks Development 5,837,500
Marine Facilities 4,315,000
Airpark Facilities 10,000
Libraries 635,310
Garage 2,716,700
Maintenance of Buildings 277,930
General Public City Building & Equipment 950,000
Miscellaneous 640,000
Stormwater Utility 5,945,000
Gas System 5,310,000
Solid Waste 520,000
Utilities Miscellaneous 26,000
Sewer System 9,772,590
Water System 9,699,550
Recycling 220,000
TOTAL PROJECT EXPENDITURES $52,069,740
10 Ordinance No. 8088-09
Item # 13
Attachment number 1
Page 11 of 11
Add the following table
CAPITAL IMPROVEMENT PROGRAM EXPENDITURE SUMMARY BY FUNCTION
FY 2009-2010 THROUGH FY 2014-2015 CAPITAL IMPROVEMENT FU ND
CITY OF CLEARWATER
Schedule of Planned Expenditures
Function 2009/10 2010/11 2011/12 2012/13 2013/14 2014/15 Total
Police Protection 150,000 150,000
Fire Protection 678,490 1,153,400 1,089,490 2,515,270 4,244,860 1,555,400 11,236,910
New Street Construction 2,500,000 2,500,000
Major Street Maintenance 3,645,670 3,497,430 4,057,430 4,107,430 4,107,430 4,032,430 23,447,820
Sidewalk and Bike Trails 472,000 472,000
Intersections 435,000 435,000 435,000 435,000 435,000 435,000 2,610,000
Parking 250,000 225,000 200,000 200,000 225,000 225,000 1,325,000
Miscellaneous Engineering 35,000 8,035,000 35,000 35,000 35,000 35,000 8,210,000
Parks Development 5,837,500 4,622,500 907,500 1,147,500 9,967,500 982,500 23,465,000
Marine Facilities 4,315,000 275,000 413,000 413,000 413,000 413,000 6,242,000
Airpark Facilities 10,000 10,000 10,000 10,000 10,000 10,000 60,000
Libraries 635,310 635,310 10,635,310 639,740 665,310 685,270 13,896,250
Garage 2,716,700 2,798,200 2,882,150 2,968,610 3,057,670 3,149,410 17,572,740
Maintenance of Buildings 277,930 299,800 1,108,650 420,560 452,530 379,560 2,939,030
Gen Public City Bldg & Equi 950,000 7,000,000 7,950,000
Miscellaneous 640,000 640,000 620,000 5,420,000 645,000 645,000 8,610,000
Stormwater Utility 5,945,000 8,800,000 7,200,000 7,100,000 7,400,000 7,400,000 43,845,000
Gas System 5,310,000 5,600,000 5,800,000 6,100,000 5,900,000 6,145,000 34,855,000
Solid Waste 520,000 595,000 755,000 713,000 735,000 746,000 4,064,000
Utilities Miscellaneous 26,000 30,000 26,000 26,000 30,000 26,000 164,000
Sewer System 9,772,590 9,073,990 12,108,380 7,351,360 11,776,590 25,617,400 75,700,310
Water System 9,699,550 12,913,120 17,928,910 18,125,340 11,251,410 6,917,790 76,836,120
Recycling 220,000 290,000 290,000 386,000 400,000 410,000 1,996,000
Total 52,069,740 59,928,750
fAtt
h 66,501,820
8
h
d111 o 60,613,810
I
A h
ro 61,751,300
l 67,281,760 368,147,180
aG
G
P-
_
e
Remove the entire
CAPITAL IMPROVEMENTS ELEMENT SCHEDULE I-A
CAPITAL IMPROVEMENT PROGRAM FY2008/09, Schedule I-A Pa ges 149
11 Ordinance No. 8088-09
Item # 13
?- Meeting Date: I 1/ 17/2009
City Council Agenda
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Adopt Ordinance No. 8129-09 on second reading, vacating the south five feet of a ten foot drainage and utility easement, less the
west ten feet and the east five feet thereof, lying south of and adjacent to the north property line of Lot 122, replat of Willow
Ridge.
SUMMARY:
Review Approval: 1) Clerk
Cover Memo
Item # 14
Attachment number 1
Page 1 of 1
ORDINANCE NO. 8129-09
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, VACATING THE SOUTH FIVE FEET OF A TEN-
FOOT DRAINAGE AND UTILITY EASEMENT, LESS THE
WEST TEN FEET AND THE EAST FIVE FEET THEREOF,
LYING SOUTH OF AND ADJACENT TO THE NORTH
PROPERTY LINE OF LOT 122, REPLAT OF WILLOW
RIDGE; PROVIDING AN EFFECTIVE DATE.
WHEREAS, Thomas Warren Evans, owner of real property located in the City of
Clearwater, has requested that the City vacate the drainage and utility 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:
The south 5 feet of a 10-foot drainage and utility easement lying south of
and adjacent to the north property line of Lot 122, Replat of Willow Ridge,
as recorded in Plat Book 71, Pages 98-101, Public Records of Pinellas
County, Florida, less the west 10 feet and the east 5 feet thereof,
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
Approved as to form:
Camilo A. Soto
Assistant City Attorney
Frank V. Hibbard
Mayor
Attest:
Cynthia E. Goudeau
City Clerk
Item # 14
Ordinance No. 8129-09
?- Meeting Date: I 1/ 17/2009
City Council Agenda
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Declare the list of surplus vehicles and equipment surplus to the needs of the City and authorize disposal through sale to the
highest bidder at the Tampa Machinery Auction, Tampa, Florida, and authorize the appropriate officials to execute same. (consent)
SUMMARY:
All vehicles and equipment have been replaced as necessary and are no longer required.
Tampa Machinery Auction is the Pinellas County Purchasing Cooperative Auctioneer of Record.
Type: Other
Current Year Budget?: No
Budget Adjustment Comments:
Current Year Cost:
Not to Exceed:
For Fiscal Year:
Revenue
to
Budget Adjustment: No
Annual Operating Cost: N/A
Total Cost:
Appropriation Code Amount Appropriation Comment
0566-00000-364413-000-000- To be Sale proceeds
0000 determined
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
Item # 15
Attachment number 1
Page 1 of 1
: Surplus for November 17,
2009 Council Meeting
REASON FOR
ITEM # Asset# YEAR DESCRIPTION SERIAL NUMBER MILEAGE SURPLUS 1 DISPOSAL
1 G1340 1994 Ford Ranger Pickup Truck 1 FTCR1000RTA63736 77662 Condition/Replaced with used
2 G1368 1994 GMC Sierra 1500 Pickup Truck 1 GTDC1 4Z3RZ568372 78748 Age/Condition Not Replaced
3 G1997 1998 Ford Taurus 4 dr. Sedan 1 FAFP52U2WA194008 72202 Age/Condition Replaced
4 G2104 1999 Mack/Galbreath Roll Off Truck 1 M2P264COXM029271 166875 Age/Condition Replaced
5 G2304 2000 Mack/Galbreath Roll Off Truck 1 M2P264C7YM031892 153720 Age/Condition Replaced
6 G2414 2001 Chevrolet 3500 Crew Cab Dump 1 GDJC33U81 F184268 83126 Age/Condition Replaced
7 G2476 2002 Chevrolet 2500 HD w/utility body 1 GBHC24UX2E285853 102998 Budget Elimination
8 G2627 2003 Ford Crown Victoria Police Cruiser 2FAFP71WX3X125178 83340 Bad Engine/to be Replaced
9 G2635 2003 GMC Sonoma Pickup Truck 1GTCS19X338243854 107037 Age/Condition Replaced
10 G2958 1990 Cummins 200 kw Generator Set Unk N/A Age/Condition Replaced
11 G1390 1989 Cummins 460 kw Genset E890242215 N/A Age/Condition Replaced
12 1 Pallet of Emergency Light Bars and Misc Lights Obsolete Equipment
13 1 Automotive Parts Washer Obsolete Equipment
Item # 15
?- Meeting Date: I 1/ 17/2009
City Council Agenda
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Approve mortgage modification agreements for Community Service Foundation, Inc. (Fulton Apartments) and SP Country Club
Homes LLC (Country Club Homes) and authorize the appropriate officials to execute same.
SUMMARY:
Fulton Apartments
On September 10, 2003, the Community Service Foundation (CSF) received $200,000 in the form of a loan for the acquisition of
the property located at 1602, 1604, 1606, 1608, and 1620 Fulton Avenue, Clearwater, Florida 33755. This property houses a 19-
unit apartment complex located in one of the City's designated target revitalization areas. The Fulton Apartments provide
affordable rental units for very low to moderate-income residents.
The original loan terms required no payments for the first five (5) years of the loan. After this deferral period, the borrower would
make annual payments of $8,000.00 per year. In a letter dated October 21, 2009, Jerry Spilatro, CSF Director, requested an
additional five (5) year deferment due to low cash flow from Fulton Apartments. Low cash flow is a result of low occupancy rates
due to the economy and neighborhood conditions.
After a review of CSF financial statements, Economic Development and Housing staff recommends a mortgage modification to
extend the deferred payment period of the loan for an additional five (5) years. This will allow CSF to continue to provide
affordable rental housing units in the North Greenwood community.
Country Club Homes
On May 8, 2008, Mr. Peter Leach, Vice President of the SP Country Club Homes LLC, presented an application for funding for
acquisition costs to acquire vacant real property to build 36 affordable townhomes. The application was presented as part of the
City's Consolidated Planning Process. The amount of funding requested was not to exceed $700,000 from previous years
Community Development Block Grant Funds. City Council approved the loan on June 5, 2008. The project will be located at the
corner of Betty Lane and Drew Street.
The original loan term is three-percent interest rate on the outstanding principal balance with deferred payment of principal and
interest for five (5) years. If the developer fails to perform any the following: 1) file an application for site plan approval of the
project on or before October 31, 2008; 2) obtain site plan approval from the City on or before June 30, 2009; or 3) commence
construction of the Project on or before December 31, 2009, then Developer agrees, upon written demand by the City to convey the
Property to the City by Special Warranty Deed in lieu of foreclosure. Given the current economic conditions and the state of the
housing market, the Developer is unable to meet the agreed upon timelines and has requested an extension.
After careful review, Economic Development and Housing staff recommends a mortgage modification to extend the timeframes
for an additional five (5) years. This extension will allow the Developer time to complete the site plan approval, construct, and sell
the affordable townhomes in the East Gateway District.
Review 1) Office of Management and Budget 2) Legal 3) Clerk 4) Assistant City Manager ED 5) Clerk 6) City
Approval: Manager 7) Clerk
Cover Memo
Item # 16
Attachment number 1
Page 1 of 3
This Instrument prepared byand returned to:
Terry Malcolm-Smith, Housing Coordinator
CITY OF CLEARWATER
Housing Division
Post Office Box 4748
Clearwater, Florida 33758
MORTGAGE MODIFICATION AGREEMENT
WHEREAS, The CITY OF CLEARWATER, Florida, a municipal corporation, is the holder and owner of a certain
mortgage(s) given by, Community Service Foundation, Inc., referred to hereinafter as MORTGAGOR, in O. R.
Book 13607, Page 65 dated 10th of September, 2003 and recorded 12th day of September, 2003;of the Public
Records of Pinellas County, Florida, other wise referred to as Loan No. RL-1320 encumbering the following
described property situated, lying and being in Pinellas County, Florida, to wit:
PARCEL 1: Lots 1, 2, 3 and the West'/2 of Lot 4, Block D, 1s ADDITION TO NORWOOD, according to the
map or plat thereof as recorded in Plat Book, Page 5, Page 79, Public Records of Pinellas County,
Florida; less and except any portion thereof lying within Fulton Street right-of-way; and also less and
except any portion thereof lying within CSX Railroad right-of-way.
PARCEL 2: Lots 3 through 7, Block H, AVONDALE SUBDIVISION, according to the map or plat thereof as
recorded in Plat Book 7, Page 40, of the Public Records of Pinellas County, Florida; less and except any
portion thereof lying within Fulton Street right-of-way; and also less and except any portion thereof lying
within CSX Railroad right-of-way.
Commonly known as: 1602, 1604, 1606, and 1620 Fulton Avenue, Clearwater, Florida 33755
and
WHEREAS, said mortgage in the original principal amount of $200,000 provided for a deferral period of five
5 ears, with no interest accruing or principal payments due on said mortgage during the five year
period, which said mortgage and note secured thereby is hereby being modified to provide for an additional five
(5) year deferment period ("Deferral Period"). At the end of the Deferral Period, and on the first day of the first
month of the eleventh (11th) year following closing, or October 10, 2013, the Borrower will begin to make an
annual payment of Eight-Thousand Dollars ($8,000.00), and each subsequent payment will be due on each
anniversary of said date for twenty-four (24) succeeding years or until otherwise fully paid.
WHEREAS, it has been agreed by and between the parties hereto, to modify said mortgage and it is intended
hereby to evidence in writing said modification,
NOW, THEREFORE, in consideration of the mutual covenants and conditions contained herein and in
consideration of the sum of $1.00 and other valuable consideration accruing to each of the parties hereto, the
parties hereby agree as follows.
1. Recitals. The foregoing recitals are true and correct and are incorporated in and form a part of this
Agreement.
2. The above-referenced mortgage in the original principal amount of $200,000, which said mortgage and
note securing mortgage is hereby being deferred for an additional five (5) years, which shall become
MORTGAGE MODIFICATION AGREEMENT between Community Service Foundation, Inc. and the CITY OF
CLEARWATER Item # 16
Page 1 of 3
Attachment number 1
Page 2 of 3
payable in accordance with a certain note, bond, or other obligation which obligation is hereinafter called
"Note", and all other indebtedness which the Mortgagor is obligated to pay to the Mortgagee pursuant to
the provisions of the Note and this Mortgage, the Mortgagor hereby grants conveys and mortgages to
the Mortgagee the above referenced property.
3. Monthly payments shall not be due during the Deferral Period. No interest will accrue during the Deferral
Period. Upon default of the terms of the mortgage, the MORTGAGOR shall pay all sums due to the
CITY OF CLEARWATER at the default interest rate provide for in the Note.
4. The Maturity Date of the Note and Mortgage is September 10, 2038.
5. Mortgagor represents to Mortgagee that there is no subsequent lien now outstanding against the
Mortgaged Premises (unless disclosed to Mortgagee, and any subsequent lienholder has agreed to
consent to this Modification Agreement and subordinate its lien to the lien of the Mortgage, as modified,
which consent and subordination is attached as Exhibit "A" and that the lien of the Mortgage, as
modified, is a valid, and subsisting lien on the Mortgaged Premises. Nothing contained in this
Agreement shall in any manner impair the Note and Mortgage, as modified, or the lien created or any
other documents executed by the Mortgagor in connection with the Note and Mortgage, or alter, waive,
vary or affect any promise, agreement, covenant or condition recited in any of the above-mentioned
documents, except as expressly modified by this Agreement, nor affect or impair any rights, powers, or
remedies of Mortgagee under any of the above-mentioned documents.
6. Terms of the Note in conflict herewith, including, but not limited to the Deferral Period shall be modified
by this Mortgage Modification.
7. Except as otherwise provided in this Agreement, all terms, conditions and provisions of said Note and
Mortgage, and other instruments and documents executed in connection with the subject mortgage loan,
shall remain in full force and effect and shall be binding upon the parties, their successors and assigns.
Witness, this instrument has been executed by the parties in a manner and form sufficient to bind them as of the
date first written above.
AGREED to and accepted this
Witnesses:
Print name
, A. D. 2009
Mortgagor: Lee Regulski (President)
Print name Mortgagor:
STATE OF FLORIDA
COUNTY OF PINELLAS
The foregoing instrument was acknowledged before me this day of , 2009 by
LEE REGULSKI, president who is personally known to me or who has produced a drivers license as
identification.
Notary Public
Print/type Name:
MORTGAGE MODIFICATION AGREEMENT between Community Service Foundation, Inc. and the CITY OF
CLEARWATER Item # 16
day of
Page 2 of 3
Attachment number 1
Page 3 of 3
IN WITNESS WHEREOF, the City of Clearwater, in its corporate capacity, has caused this MORTGAGE
MODIFICATION AGREEMENT to be executed on this day of , 2009 by WILLIAM B. HORNE II, as
City Manager of the City of Clearwater and the seal of the City to be here affixed.
Approved as to form:
Laura Lipowski Mahony
Assistant City Attorney
STATE OF FLORIDA
COUNTY OF PINELLAS
CITY OF CLEARWATER, FLORIDA
WILLIAM B. HORNE II
City Manager
Attest:
Cynthia E. Goudeau
City Clerk
BEFORE ME, the undersigned, personally appeared WILLIAM B. HORNE II, City Manager, 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 me.
WITNESS my hand and official seal this
day of
Notary Public
Print/type name:
12009
MORTGAGE MODIFICATION AGREEMENT between Community Service Foundation, Inc. and the CITY OF
CLEARWATER Item # 16
By:
Page 3 of 3
Attachment number 2
Page 1 of 4
This Instrument prepared byand returned to:
Terry Malcolm-Smith, Housing Coordinator
CITY OF CLEARWATER
Housing Division
Post Office Box 4748
Clearwater, Florida 33758
MORTGAGE MODIFICATION AGREEMENT
WHEREAS, The CITY OF CLEARWATER, Florida, a municipal corporation, is the holder and owner of a certain
mortgage(s) given by, SP Country Club Homes LLC, referred to hereinafter as MORTGAGOR, in O. R. Book
16296, Page 1332-1355 dated 16th of June, 2008 and recorded 24th day of June, 2008;of the Public Records
of Pinellas County, Florida, otherwise referred to as Loan No. CFI-315 encumbering the following described
property situated, lying and being in Pinellas County, Florida, to wit:
A portion of Lots 1 through 6, Block 3, revised Plat of Brookwood Terrace, as recorded in Plat Book 8,
Page 34, of the Public Records of Pinellas County, Florida.
Together with:
A portion of Lots 1 through 8, F.A. Kennedy's Fair Lane Addition, as recorded in Plat Book 11, Page 16, of
the Public Records of Pinellas County, Florida.
Being more particularly described as follows:
Commencing at the North '/4 corner of said Section 15, Township 29 South, Range 15 East; thence S.890
18'15"E. along the North boundary of said Section 15, a distance of 1,093.85 feet; thence run S.000
15'53"W;, a distance of 31.80 feet to the Northeast corner of Kellet's Subdivision, as recorded in Plat
Book 11, Page 24, of the Public Records of Pinellas County, Florida; then run S.890 05'28"E., a distance
of 40.00 feet to the Northwest corner of F.A. Kennedy's Fair Lane Addition, as recorded in Plat Book 11,
Page 16, of the Public records of Pinellas County, Florida, said point also being the point of beginning;
thence rune S.890 21'09"E., along the North boundaries of said F.A. Kennedy's Fair Lane Addition and
Revised Plat of Brookwood Terrace, as recorded in Plat Book 8, Page 34, of the Public Records of
Pinellas County, Florida, a distance of 310.07 feet to the Northwest corner of Block 3, said Revised Plat
of Brookwood Terrace, thence run S.000 00'19"W. along the East Boundary of said Block 3, Revised Plat
of Brookwood Terrace, a distance of 310.02 feet to the Southeast corner of Lot 6, of said Block 3, revised
Plat of Brookwood terrace; thence run N.890 22'14"W. along the Southerly boundary of said Lot 6 and its
Westerly extension, a distance of 311.44 feet to a point on the westerly boundary of F.A. Kennedy's
Addition; thence run N.000 15'26"E. along the West boundary of F.A. Kennedy's Addition, a distance of
310.10 feet to the point of beginning.
Parcel ID#: A portion of 15-29-15-12276-003-0010 and a portion of 15-29-15-26658-000-0010
and
WHEREAS, said mortgage in the original principal amount of $700,000 at 3% per annum, amortized for thirty
(30) years provided for a deferral period of five (5) years with no interest or payments due on said
mortgage during the five (5) year period, and, which said mortgage and note secured thereby is hereby being
modified to provide for an additional five (5) year deferment period ("Deferral Period"). The Maturity Date of the
Note shall be on the tenth (10) anniversary from the date of the original note, or the 16th day of June 2018. If not
MORTGAGE MODIFICATION AGREEMENT between SP Country Club Homes LLC and the CITY OF RLLIEpA#VygTER
Page 1 of 4
Attachment number 2
Page 2 of 4
sooner paid, all outstanding unpaid balance and applicable accrued interest shall be due and payable on the
Maturity Date.
WHEREAS, it has been agreed by and between the parties hereto, to modify said mortgage and it is intended
hereby to evidence in writing said modification,
NOW, THEREFORE, in consideration of the mutual covenants and conditions contained herein and in
consideration of the sum of $1.00 and other valuable consideration accruing to each of the parties hereto, the
parties hereby agree as follows.
1. Recitals. The foregoing recitals are true and correct and are incorporated in and form a part of this
Agreement.
2. The above-referenced mortgage in the original principal amount of $700,000, which said mortgage and
note securing mortgage is hereby being deferred for an additional five (5) years, which shall become
payable in accordance with a certain note, bond, or other obligation which obligation is hereinafter called
"Note", bearing even date therewith, and all other indebtedness which the Mortgagor is obligated to pay
to the Mortgagee pursuant to the provisions of the Note and this Mortgage, the Mortgagor hereby grants
conveys and mortgages to the Mortgagee the above referenced property.
3. Monthly payments shall not be due during the Deferral Period. No interest will accrue during the Deferral
Period. Upon default of the terms of the mortgage, the MORTGAGOR shall pay all sums due to the
CITY OF CLEARWATER at the default interest rate provided for in the Note.
4. The Mortgagor intends to construct and sell a 36 unit townhouse affordable housing project named
Country Club Homes (the "Project"). If any one or more of the following occurs with respect to the
Project, Mortgagor agrees, upon written demand, at the discretion of the Mortgagee, to convey the
Property to Mortgagee by Special Warranty Deed in the form attached as Exhibit A to the Note, in lieu of
foreclosure.
a. Mortgagor fails to file an application for site plan approval of the Project on or before October 31,
2013.
b. Mortgagor fails to obtain site plan approval from City of Clearwater on or before June 30, 2014.
c. Mortgagor fails to commence construction through meaningful physical activity at the Project site
and having secured building permits for the Project on or before December 31, 2014.
Mortgagee, at its option may elect the above remedy of a Deed in Lieu of foreclosure, but does not waive
the right to foreclose, or any right or remedy otherwise available to it at law or in equity.
5. The Maturity Date of the Note and Mortgage is June 16, 2018.
6. Mortgagor represents to Mortgagee that there is no subsequent lien now outstanding against the
Mortgaged Premises (unless disclosed to Mortgagee, and any subsequent lienholder has agreed to
consent to this Modification Agreement and subordinate its lien to the lien of the Mortgage, as modified,
which consent and subordination is attached as Exhibit "A" and that the lien of the Mortgage, as
modified, is a valid, and subsisting lien on the Mortgaged Premises. Nothing contained in this
Agreement shall in any manner impair the Note and Mortgage, as modified, or the lien created or any
other documents executed by the Mortgagor in connection with the Note and Mortgage, or alter, waive,
vary or affect any promise, agreement, covenant or condition recited in any of the above-mentioned
documents, except as expressly modified by this Agreement, nor affect or impair any rights, powers, or
remedies of Mortgagee under any of the above-mentioned documents.
7. Terms of the Note in conflict herewith, including, but not limited to the Deferral Period and deadlines for
development in Section 3, Payments, shall be modified by this Mortgage Modification.
8. Except as otherwise provided in this Agreement, all terms, conditions and provisions of said Note and
Mortgage, and other instruments and documents executed in connection with the subject mortgage loan,
shall remain in full force and effect and shall be binding upon the parties, their successors and assigns.
MORTGAGE MODIFICATION AGREEMENT between SP Country Club Homes LLC and the CITY OF RLL?EpA#VygTER
Page 2 of 4
Attachment number 2
Page 3 of 4
In Witness, this instrument has been executed by the parties in a manner and form sufficient to bind them as of
the date first written above.
AGREED to and accepted this
Witnesses:
Print name
, A. D. 2009
Mortgagor: J. David Page (Manager)
Print name Mortgagor:
STATE OF FLORIDA
COUNTY OF PINELLAS
The foregoing instrument was acknowledged before me this day of , 2009 by
J. DAVID PAGE, manager who is personally known to me or who has produced a drivers license-as
identification.
[Remainder of page intentionally left blank]
MORTGAGE MODIFICATION AGREEMENT between SP Country Club Homes LLC and the CITY OF RLL?EpA#VygTER
day of
Page 3 of 4
Attachment number 2
Page 4 of 4
Notary Public
Print/type Name:
IN WITNESS WHEREOF, the City of Clearwater, in its corporate capacity, has caused this MORTGAGE
MODIFICATION AGREEMENT to be executed on this day of , 2009 by WILLIAM B. HORNE II, as
City Manager of the City of Clearwater and the seal of the City to be here affixed.
Approved as to form:
Laura Mahony
Assistant City Attorney
STATE OF FLORIDA
COUNTY OF PINELLAS
By:
CITY OF CLEARWATER, FLORIDA
WILLIAM B. HORNE II
City Manager
Attest:
Cynthia E. Goudeau
City Clerk
BEFORE ME, the undersigned, personally appeared WILLIAM B. HORNE II, City Manager, 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 me.
WITNESS my hand and official seal this
day of
Notary Public
Print/type name:
12009
MORTGAGE MODIFICATION AGREEMENT between SP Country Club Homes LLC and the CITY OF RLL?EpA#VygTER
Page 4 of 4
City Council Agenda
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Meeting Date:l l/17/2009
Authorize payment of judgment in Case 99-7479-CI-11, School Board of Pinellas County v. City of Clearwater, in the amount of
$197,295.36 plus interest of 11% per annum from September 16, 2008.
SUMMARY:
In 1999 the School Board of Pinellas County brought a suit against the City of Clearwater contending that it was
exempt from Clearwater's stormwater utility/user fee, and it sought to have Clearwater's Stormwater Utility
Ordinance declared void, or alternatively, to have the ordinance declared inapplicable to the School Board. The
School Board also sought damages equal to all stormwater utility/user fees previously paid to Clearwater, together
with prejudgment interest. Clearwater counterclaimed for unpaid stormwater utility/user fees.
While the case was pending in the Circuit Court, the First District Court of Appeals decided City of Gainesville v.
State, Department of Transportation, 920 So.2d 53 (Fla. 1st DCA 2005). The ruling of that case was that the state
(or its subdivisions) could not be forced to pay stormwater utility fees in the absence of a written contract. Based
upon City of Gainesville case the circuit court granted judgment to the School Board.
On appeal to the Second District Court of Appeals the circuit court decision was affirmed.
As a consequence, while the City's stormwater utility ordinance has been declared valid and our
stormwater utility fee has been determined to be a valid user fee, the court has determined that the School Board
enjoys sovereign immunity and may not be forced to pay for stormwater utility services.
The final judgment is for $197,295.36 together with interest at 11% per annum from September 16,
2008. Total principal and interest through November 17, 2009 is $222,803.21.
Type: Operating Expenditure
Current Year Budget?: Yes
Budget Adjustment Comments:
Current Year Cost:
Not to Exceed:
For Fiscal Year: 10/01/2009 to 9/30/2010
Budget Adjustment: None
Annual Operating Cost:
Total Cost: $222803.21
Appropriation Code
0419-00000-202701-000-
000-0000
Amount Appropriation Comment
219889.73
0419-01365-572200-539- 2913.48
539-000-0000
Cover Memo
Item # 17
Bid Required?: No Bid Number:
Other Bid / Contract: Bid Exceptions: Other
Review Approval: 1) Office of Management and Budget 2) Legal 3) Clerk 4) Clerk
Cover Memo
Item # 17
City Council Agenda
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
City Manager Verbal Reports
SUMMARY:
Meeting Date: I 1/ 17/2009
Review Approval: 1) Clerk
Cover Memo
Item # 18
City Council Agenda
Council Chambers - City Hall
Meeting Date: I 1/ 17/2009
SUBJECT / RECOMMENDATION:
Provide guidance on an employee/retiree benevolent fund to defray the cost of increased health care out of pocket expenses.
SUMMARY:
The council recently approved a new health care contract with CIGNA for CY 2010. While the employee premium cost for the
base plan did not increase, the out of pocket costs should employees use the benefit increased significantly. The Council directed
staff to explore a "benevolent fund" that would help defray these costs.
Staff researched different options to cover the new out of pocket costs for hospital admission, outpatient admission and maternity
admissions. Additional options would be to pay for emergency room visits and additional AFLAC coverage.
The spread sheet indicates the annual costs for the following reimbursements:
Providing a $500 reimbursement per hospital admission is estimated to cost $75,000 based on projected use.
Providing a $300 reimbursement per outpatient admission is estimated to cost $208,000 based on projected use.
Providing a $1400 reimbursement per maternity admission is estimated to cost $30,000 based on projected use.
Total annual cost is estimated at $313,000.
Providing reimbursement for estimated emergency room visits would be $699,000
Third party administrative cost is estimated to be $3.00 per employee/retiree per month or $63,000.
Premium for an additional AFLAC $500 per admission hospitalization rider for those 483 currently enrolled in the AFLAC
Hospitalization plan is estimated at $60,000.
Total of all options would be an increased cost to the City of $1.135 million.
If directed to go forward with any of these options, the funding would need to come from the Central Insurance Fund reserves. The
current approved plan already allocates $170,000 Central Insurance Fund reserves and the costs of any clinic related expenditures
would also need to be funded from reserves.
The below schedule shows how the City, employee, and total cost for the no plan changes CIGNA plan verses the approved
CIGNA plan (based upon budgeted positions and current employee enrollment).
2010 CIGNA No
010 Approved
!IGNA Plan
10,292,582
4,231,853
14,524,435
Difference
Cover Memo
Cost 1$11,814,777
.1-1-1-1-1-1-1-1-1-1 ® ._,. _ ........ .........
[ogee Cost I$ 3,245,652
1$15,060,429
S 1.522,195
CS 986,201)
$ 535,994
Item # 19
The current approved plan (both City and employee cost) is $14.5 million. Any expenses approved for reimbursing out of pocket
expenses, etc. would be an additional cost to the City. This total cost should be compared to the no change plan cost of $15.1
million (both city and employee cost).
Review 1) Office of Management and Budget 2) Human Resources 3) Office of Management and
Approval: Budget 4) Legal 5) Clerk 6) Assistant City Manager 7) Clerk 8) City Manager 9) Clerk
Cover Memo
Item # 19
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City Council Agenda
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Commercial Foreclosures and Six Month Occupancy - Councilmember Gibson
SUMMARY:
Meeting Date: I 1/ 17/2009
Review Approval: 1) Clerk
Cover Memo
Item # 20
City Council Agenda
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Communities Putting Prevention to Work - Mayor Hibbard
SUMMARY:
Meeting Date: I 1/ 17/2009
Review Approval: 1) Clerk
Cover Memo
Item # 21
City Council Agenda
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
County Charter Review Committee
SUMMARY:
Meeting Date: I 1/ 17/2009
Review Approval: 1) Clerk
Cover Memo
Item # 22
_f
CALVIN D. HARRIS
CHAIRMAN
TO: Frank Hibbard, Mayor, City of Clearwater
and Members of the Clearwater City Council
FROM: Calvin D. Harris, Chairman
Pinellas County Board of County Commission
DATE: October 19, 2009
DISTR: Pinellas County Board of County Commission
Robert S. LaSala, County Administrator
James L. Bennett, County Attorney
Elithia V. Stanfield, Assistant County Administrator
RE: Charter Review Commission - Seeking Potential Members
The Pinellas County Charter requires that every six years the Pinellas County Board of County
Commission establish a Charter Review Commission (CRC) composed of thirteen (13) members
representing the following groups:
• One (1) member from the Pinellas County Legislative Delegation residing in Pinellas
County;
• One (1) constitutional officer;
• One (1) member from the elected city officials;
• One (1) member from the elected board of county commissioners;
• Nine (9) members from the public at large, none of whom shall be an elected official.
The primary function of the Charter Review Commission (CRC) is to undertake a comprehensive
review of the Pinellas County Charter, in order to recommend to the citizens of Pinellas County
any proposed amendments. The CRC is required to complete its evaluation and submit a report
by July 31, 2010. Attached is a description of the CRC's general responsibilities.
Since an elected city official is one of the designated members of the CRC, the BCC would
appreciate any of you that are interested in serving to please submit a letter of interest and
resume to Elithia V. Stanfield, Assistant County Administrator by Friday, November 13,
2009 at 315 Court Street, 6th Floor, Clearwater, Ft_ 33756. Feel free to contact Ms. Stanfield at
464-3485 or estanfie cr.pinellascounty.org if you have any questions about the process.
Attachment number 1
Page 1 of 2 u
PIN LLAS COUNTY
BOARD F COUNTY COMMISSIONERS
PHONE (727) 464-3360 • FAX (727) 464-3022 • 315 COURT STREET • CLEARWATER, FLORIDA 33756
www. pinellascounty.org
w
"PINELLAS COUNTY IS AN EQUAL OPPORTUNITY EMPLOYER"
R LED PAPER
Attachment number 1
• Page 2 of 2
Pinellas
County Pinellas County Charter Review Commission Member
BOARD MN sON s General Responsibilities
Purpose and Overview
The primary function of the Charter Review Commission (CRC) is to undertake a comprehensive
review of the Pinellas County Charter, in order to recommend to the citizens of Pinellas County
any proposed amendments. The CRC is required to complete its evaluation and submit a report
by July 31, 2010. If there are any proposed amendments, they will appear on the November 2010
general election ballot.
The CRC elects its chairman and vice-chairman from among its membership. All meetings of the
CRC are subject to the requirements of the Florida Government in the Sunshine Law. Subject to
the discretion of the CRC, meetings may be televised or taped for viewing on PCC-TV. A majority
of the members of the CRC shall constitute a quorum. The CRC may adopt other rules for its
operations and proceedings as it deems desirable.
Orientation Session/Meetings
The first meeting of the CRC will bean Orientation Session held Monday, December 7 at 5:30
PM at the Swisher Building 509 East Avenue, Room 211, Clearwater, FL 33756. The following
meeting will be in January as determined by the CRC; at that meeting the CRC will elects its
chairman, vice-chairman, and staff. Future meetings of the CRC shall be held upon the call of the
chairman or any three (3) members of the body.
Time Commitment
Due to the short time frame for the CRC; the body will probably meet at least twice a month. A
person should be willing to commit 10-15 hours a month from January to July.
Membership
The members of the CRC shall be appointed by the Pinellas County Board of County
Commissioners from the following groups:
• One (1) member from the Pinellas County Legislative Delegation residing in Pinellas
County;
• One (1) constitutional officer;
• One (1) member from the elected city officials;
• One (1) member from the elected board of county commissioners;
• Nine (9) members from the public at large, none of whom shall be an elected official.
Knowledge, Skills, and Abilities
• Interest in and familiarity with Pinellas County;
• Willingness to commit a concentrated amount of time and energy to a time limited
process;
• Ability to maintain fairness and objectivity;
• Ability to assess and evaluate issues as they relate to the future well-being of Pinellas
County;
• Ability to engage in constructive discussion and debate.
Staff Support
The County will solicit proposals for a consultant and independent legal counsel to provide staff
support, technical assistance, and guidance to the CRC in its review and deliberations. The
County will forward the top three candidates for each position to, the CRC for final consideration.
The Clerk of the Court will provide staff to keep minutes and the official records of the CRC. The
County Administrator's Office and the County Attorney's Office will provide additional support for
the work of the CRC as needed.
For more information, please contact Ellthia V. Stanfield, Assistant County Administrator
at 464-3485 or estanfle@plnellascounty,org
Item # 22
City Council Agenda
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Other Council Action
SUMMARY:
Meeting Date: I 1/ 17/2009
Review Approval: 1) Clerk
Cover Memo
Item # 23