01/30/2012WORK SESSION AGENDA Council Chambers -City Hall 1/30/2012 -9:00 AM 1. Marine and Aviation 1.1 Authorize the adoption of a joint participation agreement (JPA) between the City of Clearwater
and the State of Florida Department of Transportation (FDOT) Contract AQJ28 to provide $1.5 million of a $1,875,000 project cost to extend and rehabilitate the runway and taxiway at
the Clearwater Airpark; authorize $175,000 of Airpark retained earnings and $200,000 General Fund retained earnings for the remaining $375,000 project cost; authorize the appropriate
officials to execute same and adopt Resolution 12-04. Attachments 2. Parks and Recreation 2.1 Ratify and confirm the City Manager’s approval to issue a Purchase Order with Wannemacher
Jensen Architects, Inc. for $199,986 for architectural services for the design of a new training building and batting tunnels at Carpenter Complex. (consent) Attachments 2.2 Approve
an agreement between the City and Competitor Group Inc. (CGI) to conduct a Triathlon TriRock Series Event in Clearwater, Florida, on November 11, 2012 and continuing annually in November
until November 13, 2016, with two one-year mutual agreeable extensions and authorize the appropriate officials to execute same. (consent) Attachments 3. Police 3.1 Approve renewal of
the agreement with Religious Community Services, Inc. (RCS) for provision of contractual victim advocacy services in the amount of $17,149 and authorize the appropriate officials to
execute same. (consent) Attachments 4. Planning 4.1 Deny a Development Agreement between AEC Sunset Point, LLC (the property owner) and the City of Clearwater for property located at
2750 and 2754 Sunset Point Road (Lot 2 and a portion of Lot 1, The Elks Subdivision); do not pass Resolution 12-01. (DVA2011-10001) Attachments 4.2 Agree to enter into negotiations to
address issues concerning planning and annexation for the areas completely surrounded by the city not contiguous to city boundaries, in response to Pinellas County Resolution 11-185,
and adopt Resolution 12-03. Attachments 5. Official Records and Legislative Services 5.1 Appoint one member to the Municipal Code Enforcement Board to fill the remainder of an unexpired
term until October 31, 2014. Attachments 6. Legal 6.1 Adopt Ordinance 8294-12 on second reading, amending the future land use plan element of the Comprehensive Plan of the city to change
the land use designation for certain real property whose post
office address is 2750 and 2754 Sunset Point Road from Institutional (I) to Industrial Limited (IL). Attachments 6.2 Adopt Ordinance 8295-12 on second reading, amending the Zoning Atlas
of the city by rezoning certain real property whose post office address is 2750 and 2754 Sunset Point Road, from Institutional (I) to Industrial, Research and Technology (IRT). Attachments
6.3 Adopt Ordinance 8303-12 on second reading, annexing certain real property whose post office addresses are 1848, 1854 and 1855 Diane Drive; 1716 and 1745 Evans Drive; 1725, 1729,
1734, 1737, and 1740 Grove Drive; 1752 and 1759 Lucas Drive; 1807 and 1843 Marilyn Drive; 1808, 1836, and 1845 Skyland Drive; 2826 State Road 590; 2734 and 2747 Terrace Drive; 1745 and
1748 Thomas Drive, together with all Right of Way of Marilyn Drive abutting Lots 1 and 7, Block H; all Right of Way of Skyland Drive abutting the South 60 feet of Lot 10, Block H and
abutting Lot 2 Block I; all Right of Way of Diane Drive abutting Lot 19, Block I through Lot 2, Block J, in Carlton Terrace First Addition Subdivision; all Right of Way of Grove Drive
abutting Lots 9 and 11, Block 4, in Virginia Grove Terrace First Addition Subdivision; All Right of Way of Thomas Drive abutting Lot 19, Block 4, in Virginia Grove Terrace Second Addition
Subdivision; all Right of Way of Lucas Drive abutting Lot 17, Block 5 and abutting Lot 13, Block 6, all Right of Way of Terrace Drive abutting Lot 11, Block 3 in Virginia Grove Terrace
Third Addition Subdivision; all Right of Way of Evans Drive abutting Lot 19 Block 6 in Virginia Grove Terrace Fourth Addition, into the corporate limits of the city and redefining the
boundary lines of the city to include said addition. Attachments 6.4 Adopt Ordinance 8304-12 on second reading, amending the future land use plan element of the Comprehensive Plan of
the city to designate the land use for certain real property whose post office addresses are 1848, 1854 and 1855 Diane Drive; 1716 and 1745 Evans Drive; 1725, 1729, 1734, 1737, and 1740
Grove Drive; 1752 and 1759 Lucas Drive; 1807 and 1843 Marilyn Drive; 1808, 1836, and 1845 Skyland Drive; 2826 State Road 590; 2734 and 2747 Terrace Drive; 1745 and 1748 Thomas Drive,
together with all Right of Way of Marilyn Drive abutting Lots 1 and 7, Block H; all Right of Way of Skyland Drive abutting the South 60 feet of Lot 10, Block H and abutting Lot 2 Block
I; all Right of Way of Diane Drive abutting Lot 19, Block I through Lot 2, Block J, in Carlton Terrace First Addition Subdivision; all Right of Way of Grove Drive abutting Lots 9 and
11, Block 4, in Virginia Grove Terrace First Addition Subdivision; All Right of Way of Thomas Drive abutting Lot 19, Block 4, in Virginia Grove Terrace Second Addition Subdivision; all
Right of Way of Lucas Drive abutting Lot 17, Block 5 and abutting Lot 13, Block 6, all Right of Way of Terrace Drive abutting Lot 11, Block 3 in Virginia Grove Terrace Third Addition
Subdivision; all Right of Way of Evans Drive abutting Lot 19 Block 6 in Virginia Grove Terrace Fourth Addition, upon annexation into the City of Clearwater, as Residential Low (RL),
Preservation (P), and Drainage Feature Overlay. Attachments 6.5 Adopt Ordinance 8305-12 on second reading, amending the Zoning Atlas of the city by zoning certain real property whose
post office addresses are 1848, 1854 and 1855 Diane Drive; 1716 and 1745 Evans Drive; 1725, 1729, 1734, 1737, and 1740 Grove Drive; 1752 and 1759 Lucas Drive; 1807 and 1843 Marilyn Drive;
1808, 1836, and 1845 Skyland Drive; 2826 State Road 590; 2734 and 2747 Terrace Drive; 1745 and 1748 Thomas Drive, together with all Right of Way of Marilyn Drive abutting Lots 1 and
7, Block H; all Right of Way of Skyland Drive abutting the South 60 feet of Lot 10, Block H and abutting Lot 2 Block I; all Right of Way of Diane Drive abutting Lot 19, Block I through
Lot 2, Block J, in Carlton Terrace First Addition Subdivision; all Right of Way of Grove Drive abutting Lots 9 and 11, Block 4, in Virginia Grove Terrace First Addition Subdivision;
All Right of Way of Thomas Drive abutting Lot 19, Block 4, in Virginia Grove Terrace Second Addition Subdivision; all Right of Way of Lucas Drive abutting Lot 17, Block 5 and abutting
Lot 13, Block 6, all Right of Way of Terrace Drive abutting Lot 11, Block 3 in Virginia Grove Terrace Third Addition Subdivision; all Right of Way of Evans Drive abutting Lot 19 Block
6 in Virginia Grove Terrace Fourth Addition, upon annexation into the City of Clearwater, as Low Medium Density Residential (LMDR) and Preservation (P). Attachments 6.6 Adopt Ordinance
8306-12 on second reading, amending the Community Development Code Article 3, Development Standards, adopting Division 25, Sections 3-2501 through 3-2506 providing for food
service establishments with a permit to allow patrons’ dogs on the premises in designated outdoor seating areas; and amending Appendix A, Section VII, Land Development, to add a permit
fee for dog-friendly restaurants and outdoor cafes. Attachments 6.7 Adopt Ordinance 8308-12 on second reading, amending Ordinance 7371-05 as amended by Ordinance 7598-06, 7948-08 and
8041-09, which vacated a portion of the 60–foot Right of Way of First Avenue, (A.K.A. First Street per field), subject to special conditions, amending the special conditions. Attachments
6.8 Adopt Ordinance 8309-12 on second reading, amending Ordinance 7372-05 as amended by Ordinances 7947-08 and 8040-09, which vacated a portion of the easterly one-half of the 70-foot
Right of Way of Gulfview Boulevard (A.K.A. South Gulfview Boulevard per field), subject to special conditions to amend the special conditions Attachments 6.9 Adopt Ordinance 8310-12
on second reading, amending the Community Development Code (CDC) to address general application requirements, zoning atlas amendments, landscape plans, general provisions of the CDC,
setbacks for parking lots, parking demand studies, temporary uses, business tax receipts, development agreements, nonconforming structures, nonconforming uses, nonconforming lots, nonconforming
accessory use/structures, and the definition of temporary retail sales and displays Attachments 7. City Manager Verbal Reports 7.1 City Manager Verbal Reports Attachments 8. Council
Discussion Items 8.1 Council Visit to Tallahassee -Councilmember Jonson Attachments 8.2 Economic Development along the PAA Corridor -Councilmember Jonson Attachments 8.3 Resolution regarding
Business Tax Receipts -Councilmember Jonson Attachments 9. Closing Comments by Mayor 10. Adjourn 11. Presentation(s) for Council Meeting 11.1 Clergy Appreciation Week Proclamation -Earle
Lusk, President of the Clearwater Civitan Club Attachments 11.2 Appreciation from UPARC Foundation & Festival of Trees Presentation -Cathy Holland, Executive Director UPARC Foundation
Attachments 11.3 Outback Bowl -Chuck Riggs, Outback Bowl Board of Directors and Beach Day Chairman Attachments
Work Session Council Chambers -City Hall Meeting Date:1/30/2012 SUBJECT /RECOMMENDATION: Authorize the adoption of a joint participation agreement (JPA) between the City of Clearwater
and the State of Florida Department of Transportation (FDOT) Contract AQJ28 to provide $1.5 million of a $1,875,000 project cost to extend and rehabilitate the runway and taxiway at
the Clearwater Airpark; authorize $175,000 of Airpark retained earnings and $200,000 General Fund retained earnings for the remaining $375,000 project cost; authorize the appropriate
officials to execute same and adopt Resolution 12-04. SUMMARY: The Florida Department of Transportation (FDOT) has authorized $1.5 million dollars in aviation funding to extend the runway
at Clearwater Airpark 800 feet to the North to improve the safety of the airpark by increasing the paved runway landing and takeoff distance from 3500 feet to 4300 feet and repair the
taxiway. Upon completion of the taxiway repairs and runway extension, resurface the entire paved surface area. In addition, the appropriate lighting and markings will be included, as
will the installation of a Precision Approach Path Indicator (PAPI) system. The project will require work such as pavement markings, electrical installation and inspection, project management
services, design, permitting, environmental engineering and irrigation. The project is to be completed on or before June 30, 2017. The total project funding will be $1,875,000, $1.5
million in Department (FDOT) funding at 80% and $375,000 in City funding at 20%. Airpark retained earnings in the amount of $175,000 and $200,000 City retained earnings will provide
the match for the project. Staff is negotiating with the fixed base operator (FBO) for a contract extension in exchange for providing the $200,000 General Fund match for the purposes
of receiving this grant. The Florida Department of Transportation (FDOT) requires the funding be identified at the time of the grant. If we chose to negotiate the $200,000 and pay back
the city retained earnings, we would do so in a separate lease agreement. A first quarter budget amendment will establish capital project 315-94871, Airpark Runway /Taxiway Extension
and Rehabilitation in the amount of $1,875,000.00, which will be funded with the FDOT Grant proceeds in the amount of $1,500,000.00, and a transfer in the amount of $200,000.00 of General
Fund retained earnings, and a transfer in the amount of $175,000 of Airpark retained earnings. Type: Capital expenditure Current Year Budget?: Yes Budget Adjustment: Yes Budget Adjustment
Comments: Establish capital project 315-94871, Airpark Runway /Taxiway Extension and Rehabilitation. Current Year Cost: $1,875,000 Annual Operating Cost: Not to Exceed: $1,875,000 Total
Cost: $1,875,000 For Fiscal Year: 2011 to 2012 Appropriation Code Amount Appropriation Comment 315-94871 $1,875,000 capital project 315-94871 Review Approval: 1) Office of Management
and Budget 2) Legal 3) Clerk 4) Assistant City Manager ED 5) City Manager 6) Clerk Cover Memo Item # 1
Resolution No. 12-04 RESOLUTION NO. 12-04 A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA AUTHORIZING THE EXECUTION OF A JOINT PARTICIPATION AGREEMENT BETWEEN THE CITY OF CLEARWATER
AND THE STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION, AUTHORIZING FUNDING FOR THE EXTENSION AND REHABILITATION OF THE RUNWAY AND TAXIWAY AT THE CLEARWATER AIRPARK; PROVIDING AN EFFECTIVE
DATE. WHEREAS, the Florida Department of Transportation (FDOT) has agreed to provide funding for the extension and rehabilitation of the runway and taxiway at the Clearwater Airpark,
to include but not be limited to, the construction of an additional eight hundred feet to the main runway and taxiway, the appropriate lighting and markings, as well the installation
of a Precision Approach Path Indicator (PAPI) system under Joint Participation Agreement Financial Project No.: 42255419401, Contract No.: AQJ28, a copy of which is attached hereto as
Exhibit “A”; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The City Council hereby accepts and approves the Joint Participation Agreement
between the City and the State of Florida Department of Transportation, Financial Project No.: 42255419401, Contract No.: AQJ28, at the Clearwater Airpark. Section 2. This resolution
shall take effect immediately upon adoption. PASSED AND ADOPTED this _______ day of _____________, 2012. ____________________________ Frank Hibbard Mayor Approved as to form: Attest:
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Work Session Council Chambers -City Hall Meeting Date:1/30/2012 SUBJECT /RECOMMENDATION: Ratify and confirm the City Manager’s approval to issue a Purchase Order with Wannemacher Jensen
Architects, Inc. for $199,986 for architectural services for the design of a new training building and batting tunnels at Carpenter Complex. (consent) SUMMARY: On Dec. 1, 2011, the Council
approved a Project Agreement between the City and Phillies to make certain improvements at Carpenter Complex and Bright House Field (Project) in accordance to the Carpenter Complex Use
Agreement and the Bright House Field Use Agreement and approve funding the project for $2,900,000 from unappropriated retained earnings. In order to meet the very tight deadlines imposed
by this project it was necessary to enter into a contract with the architectural and engineering design firms as soon as possible. Wannemacher Jensen Architects, Inc. (WJA) was previously
hired by the City to design the renovations to the locker rooms and offices used by the Philadelphia Phillies at Carpenter Field. Both the Phillies and City staff have had successful
experience with WJA and thus desired that they be the architects for this project. As one of the City Architects of Record, an agreement was negotiated and reached with WJA and the City
Manager approved staff’s recommendations to enter into this agreement. Staff is recommending that the Council ratify and confirm this decision. Type: Capital expenditure Current Year
Budget?: Yes Budget Adjustment: No Budget Adjustment Comments: Current Year Cost: $199,986 Annual Operating Cost: -0-Not to Exceed: $199,986 Total Cost: $199,986 For Fiscal Year: 2011
to 2012 Appropriation Code Amount Appropriation Comment 315-93628 $199,986 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) City Manager 6) Clerk Cover Memo Item # 2
Work Session Council Chambers -City Hall Meeting Date:1/30/2012 SUBJECT /RECOMMENDATION: Approve an agreement between the City and Competitor Group Inc. (CGI) to conduct a Triathlon
TriRock Series Event in Clearwater, Florida, on November 11, 2012 and continuing annually in November until November 13, 2016, with two one-year mutual agreeable extensions and authorize
the appropriate officials to execute same. (consent) SUMMARY: The City previously had an agreement with World Triathlon Corporation (WTC) to conduct an international distance triathlon
within Clearwater. However, WTC was unable to perform under the agreement to provide a new international distance event in Clearwater known as “5150 Clearwater Triathlon” in 2011, therefore,
the agreement between the City and WTC was terminated in accordance to the terms and conditions of the agreement. This agreement is similar to the one approved with WTC, with a new partner
CGI. The event includes a 1.5K swim, 40K bicycle and 10K run, with a similar course, still to be finalized with the City, as the cancelled 2011 5150 event. Staff believes that CGI has
the experience and expertise to conduct a successful event in Clearwater as part of their TriRock Series, which attracts competitors from all over the United States. CGI also owns and
operates The Rock and Roll Marathon Series. CGI will conduct the TriRock Triathlon; provide a five day event; bring in 1,500 participants, media and VIPs requiring multiple overnight
stays; extensive local and national media coverage; and major sponsor benefits package that include rights to use the TriRock and City logo in all marketing material. The event is estimated
to provide 1500 room nights in its first year. The City will provide equipment and services to CGI to conduct the event including items such as traffic operations staff, police officers
for event, dumpsters, trash cans, removal of litter, swim course set up, lifeguards and water safety personnel, event security, parks and recreation event staff, medical coordination,
EMS coverage and SunStar transport units, etc. up to an amount not to exceed $30,000. Any additional City costs over this amount will be reimbursed by CGI to the City. The City has the
right to immediately terminate the agreement by giving written notice to CGI within thirty days of the conclusion of that year’s event. Details of expenses, facilities used and race
route will be included in the agreement as exhibits once finalized. Review Approval: 1) Office of Management and Budget 2) Legal 3) Clerk 4) Assistant City Manager 5) City Manager 6)
Clerk Cover Memo Item # 3
Final document 00137701 1 AGREEMENT Between THE CITY OF CLEARWATER, FLORIDA And COMPETITOR GROUP, INC THIS AGREEMENT (“Agreement”) is made and entered into this 20th day of January 2012
(“Execution Date”), by and between the City of Clearwater, Florida, a municipal corporation (the “City”), and Competitor Group, Inc., a Delaware Corporation (“Competitor Group”) (the
City and Competitor Group each individually referred to herein as “Party”, or collectively as the “Parties”); WITNESSETH: WHEREAS, The City desires to provide events that are of interest
and benefit to the residents of the City and the City also wishes to expand national and international tourism to the City as well as otherwise enhance economic opportunities for the
benefit of the City and its residents; and WHEREAS, the Competitor Group is in the business of producing and conducting sporting events, specifically, running events and triathlons;
and WHEREAS, the City and Competitor Group have agreed that Competitor Group shall produce and conduct a Triathlon Event (as defined herein) on certain streets and public land of the
City pursuant to the terms and conditions set forth in this Agreement. NOW, THEREFORE, in consideration of the covenants herein contained and other good and valuable consideration, the
City and the Competitor Group each agree as follows: ARTICLE I: INTRODUCTORY TERMS 1.1 Recitals. The statements contained in the recitals set forth above ("Recitals") are true and correct,
and the Recitals are by this reference made a part of this Agreement. 1.2 Exhibits. The exhibits which are attached to this Agreement are by this reference made a part of this Agreement.
1.3 Abbreviations and Definitions. The following abbreviations and definitions will be used for purposes of this Agreement: A. The abbreviations of the Parties set forth in the Preamble
will be used for purposes of this Agreement. B. “City Services” means those services customarily provided by the Attachment number 1 \nPage 1 Item # 3
Final document 00137701 2 City for its residents and its facilities, including without limitation, services for (i) police, fire and EMS services; (ii) garbage and refuse disposal; (iii)
maintenance personnel; (iv) crowd control and traffic control, (vi) utilities, and (vii) any additional services as the City deems appropriate in its sole and absolute discretion. C.
“City Permit and Use Fees” means the fees and charges imposed by the City in connection with the issuance of permits and the fees and charges imposed by the City in connection with Competitor
Group’s use of the Triathlon Event Facilities (as defined herein). D. “Concessions” means all concessions associated with a Triathlon Event (as defined herein) offered or provided within
the Triathlon Event Facilities, including, without limitation to, (1) non-alcoholic beverages, (2) wearing apparel, (3) programs, (4) souvenirs, (5) seating, and (6) all other merchandise
or services offered for sale in connection with a Triathlon Event. The term Concessions specifically excludes the activities of otherwise properly licensed Clearwater merchants and business
persons (excluding sidewalk vendors) in conducting their trade or business at their regular business premises during a Triathlon Event and the Concessions offered by either the City
or its licensees or parties with which it has contracted to provide Concessions at any City owned property or facility. E. “Laws” means all existing and future federal, state, and local
constitutions, statutes, ordinances, rules, regulations and resolutions, and all orders and decrees of lawful authorities having jurisdiction over the matter at issue. G. “Triathlon
Course” means the staging and route(s) mutually agreed upon in writing by the Parties. Once the staging and route(s) have been mutually agreed upon in writing by the Parties, the Triathlon
Course will be attached to this Agreement as Exhibit A. H. “Triathlon Event” means the Competitor Group’s TriRock Series, an athletic racing event consisting of participants swimming,
biking and running a race of a designated distance or races of various designated distances to be held in November, commencing in the year 2012. The date of the Triathlon Event to be
conducted in the year 2012 shall be November 11, 2012. The dates of the Triathlon Event to be conducted in subsequent years, including if the Term is extended, shall be mutually agreed
to by the Parties. I. “Triathlon Event Facilities” means those lands, improvements, buildings, public or other rights of way, or property, owned, leased to or controlled by the City
or under City authority as mutually agreed upon in writing by the Parties, to be used by Competitor Group for the purpose of staging a Triathlon Event. Once those lands, improvements,
buildings, public or other rights of way, or property, owned, leased to or controlled by the City or under City authority have been mutually agreed upon in writing by the Parties, the
Triathlon Event Facilities will be attached to this Agreement as Exhibit C. Attachment number 1 \nPage 2 Item # 3
Final document 00137701 3 J. “Triathlon Event Logo(s)” means the logo(s), mark(s), symbol(s), trademark(s), or trade name(s) used by Competitor Group in connection with the Triathlon
Event. K. “Triathlon Event Period” means from 8:00 a.m. on the Thursday preceding the Triathlon Event until 5:00 p.m. on the Monday following the Triathlon Event. L. “Ticket Sale Rights”
means the right to sell tickets and otherwise charge for admission to or participation in the Triathlon Event, and to sell tickets and otherwise charge for admission to or use of the
Triathlon Event Facilities in connection with the Triathlon Event, excluding the right to sell tickets to the general public that are solely for parking. ARTICLE II: WARRANTIES AND REPRESENTATIONS
2.1 Warranties and Representations by Competitor Group. Competitor Group warrants and represents to the City as follows: A. Competitor Group is a for-profit corporation, duly formed,
presently existing and in good standing under the laws of the State of Delaware. B. All appropriate action exists or has been accomplished by Competitor Group so as to duly authorize
the officers set forth below to execute this Agreement and all documents contemplated hereby on behalf of Competitor Group so as to fully and firmly bind Competitor Group to the terms
and provisions of this Agreement and such other documents. C. Competitor Group has the financial capability to and shall conduct a Triathlon Event in accordance with this Agreement.
2.2 Warranties and Representations by City. The City warrants and represents to Competitor Group as follows: A. The City is a municipality organized and existing under the laws of the
State of Florida. B. All appropriate action exists or has been accomplished by the City so as to duly authorize the officials set forth below to execute this Agreement and all documents
contemplated hereby on behalf of the City so as to fully and firmly bind the City to the terms and provisions of this Agreement and such other documents. ARTICLE III: GENERAL TERMS Attachment
number 1 \nPage 3 Item # 3
Final document 00137701 4 3.1 Right to Conduct Triathlon Event. The City hereby grants to Competitor Group the right to produce and conduct a Triathlon Event in accordance with the terms
and conditions of this Agreement. Competitor Group hereby acknowledges that the City has police powers pursuant to applicable Laws to take reasonable and appropriate action in the event
the conduct of a Triathlon Event or any portion thereof is endangering the health, safety or welfare of the general public. The Parties acknowledge that it would not be reasonable for
the City to take any action in this regard if the Triathlon Event only produces those effects which are normal and customary for events of this type. The safety of the Triathlon Event
participants shall be controlled by and be the sole responsibility of Competitor Group. 3.2 Concession Rights. The City hereby grants Competitor Group the right to operate, or to license
(in whole or in part) to others, the Concessions associated with the Triathlon Event during the Triathlon Event Period. The City agrees not to hereafter extend any Concession rights
to any person or entity other than Competitor Group which would permit the operation or licensing of Concessions, or the vending or offering for sale of any goods or services competitive
with the Concessions; provided, however, the City shall have the right, should it desire, to operate a Concession at the Triathlon Event so long as such Concession does not compete with
the Concessions contemplated herein of Competitor Group and its supporting sponsors. Further provided the City shall also be permitted to operate an informational booth from which Concessions
are not sold. Notwithstanding the foregoing, this grant of rights to Concessions shall not affect the activities of otherwise properly licensed Clearwater merchants and business persons
in conducting their trade or business at their regular business premises during the Triathlon Event, or parties with which it has contracted to provide Concessions at any City owned
property or facility. 3.3 Ticket Sale Rights and City Rights. The City hereby grants to Competitor Group exclusive Ticket Sale Rights for the Triathlon Event. 3.4 Media and Broadcast
Rights. The City hereby grants to Competitor Group the rights to license any and all media coverage, television broadcasts, or other broadcasts, locally, nationally, internationally,
or otherwise, related to the Triathlon Event. Competitor Group shall notify the City of the identity of media entities that will cover the Triathlon Event. Competitor Group shall endeavor
to reflect in such coverage and broadcast the location of the Triathlon Event and the involvement of the City incident to this Agreement, and shall incorporate the City of Clearwater
name and logo in all advertising related thereto. The provisions of this article shall survive the termination of this Agreement. The City reserves the right to media or broadcast coverage
as conducted, produced and reproduced by its City-owned, internal media/public communications department. 3.5 Triathlon Event Logo(s). A. The City acknowledges that Competitor Group
is the owner of the Triathlon Event Logo(s), and that the City shall not interfere with Competitor Group use Attachment number 1 \nPage 4 Item # 3
Final document 00137701 5 or licensing of such Triathlon Event Logo(s), provided that Competitor Group complies with the provisions of this Article 3.5. B. The City may use the Triathlon
Event Logo(s) for promotion of the City or the Triathlon Event with Competitor Group’s prior written consent, which consent shall not be unreasonably withheld or delayed. The City shall
not alter or modify the Triathlon Event Logo(s) without Competitor Group’s prior written consent. C. Competitor Group may use City owned logo(s) and trademark(s) for promotion of the
Triathlon Event with the City's prior written consent which consent shall not be unreasonably withheld or delayed, and in accordance with the City of Clearwater Code of Ordinances. Competitor
Group shall not alter or modify the City’s logo(s) or trademark(s) without the City’s prior written consent. 3.6 No Interest in Land. Competitor Group rights pursuant to this Agreement
shall not be construed as a lease, easement, or other interest in land, buildings or other property of the City. 3.7 Funding by the City. The City agrees to provide in-kind services
in an amount valued not to exceed thirty thousand dollars ($30,000) annually to support the Triathlon Event. These City services will be used to offset a portion of costs and expenses
(as estimated in Exhibit B) for City Services and City Permit and Use Fees provided by the City for the Triathlon Event. This Article 3.7 shall not be construed to limit Competitor Group
from completing and returning to the City a co-sponsored events application. 3.8 Exclusivity. The City will not authorize, without Competitor Group’s written permission, any triathlon
event of sprint or Olympic distance, other than the Triathlon Event organized and conducted by Competitor Group, thirty (30) days before the Triathlon Event and thirty (30) days after
the Triathlon Event throughout the Term of this Agreement. Additionally, the City will not enter into any agreements with any sponsors of the TriRock Clearwater Event during the Term
of this Agreement. ARTICLE IV: TERM AND EXTENSION 4.1 Term and Extension. This Agreement shall commence on the Execution Date and expire at midnight on November 13, 2016, unless earlier
terminated as provided for herein. This Agreement may be extended under the same terms and conditions for two (2) additional one-year periods from the date of expiration, provided that
both Parties mutually agree in writing to such extension which is subject to City Council approval. Failure of the Parties to mutually agree to the terms or provisions of referenced
and incorporated Exhibits shall result in a frustration of this Agreement, and such occurrence shall relieve the Parties, each of its mutual obligations, from that point forward, except
for obligations expressly intended to survive termination of the Agreement. References in this Agreement to “Term” shall include the initial term and all extensions thereof. ARTICLE
V: SCHEDULING AND CONDUCTING A TRIATHLON EVENT Attachment number 1 \nPage 5 Item # 3
Final document 00137701 6 5.1 Obligation to Conduct A Triathlon Event. Competitor Group shall produce and conduct an annual Triathlon Event on a Saturday or Sunday in November, commencing
in the year 2012, said date to be mutually agreed to by the Parties. Competitor Group shall provide the City with written notice no later than November 30th during the Term advising
the City whether or not it will stage the Triathlon Event for the succeeding year, and if so, specifying the exact date of the Triathlon Event, and a schedule of such events. 5.2 Triathlon
Event. The Triathlon Event shall be conducted on the Triathlon Course on Saturday or Sunday during the Triathlon Event Period and shall be held during daylight hours only. The Triathlon
Event shall be conducted in accordance with the terms and conditions of this Agreement. 5.3 Set-Up, Operation and Dismantling Periods. Competitor Group shall have the use of the Triathlon
Event Facilities during the Triathlon Event Period for purposes of set-up of the facilities and apparatus associated with the Triathlon Event; provided however that the Triathlon Course
will only be blocked off during the time necessary to conduct the Triathlon Event. It is anticipated that all facilities and apparatus associated with the Triathlon Event will be set-up
and dismantled during the Triathlon Event Period. In the event Competitor Group requires additional time to dismantle the facilities and apparatus following the Triathlon Event, Competitor
Group shall be permitted such additional time beyond the Triathlon Event Period so long as Competitor Group has commenced the dismantling during the Triathlon Event Period and continues
to proceed in a diligent manner to complete the dismantling. Competitor Group shall provide the City with a schedule indicating the dates and location of set-up and dismantling of the
facilities and apparatus associated with the Triathlon Event, along with updates and changes thereto as soon as reasonably possible after the necessity for such updates and changes become
known to Competitor Group. 5.4 Cleanup and Restoration. Competitor Group shall be responsible for cleaning up the Triathlon Event Course and Triathlon Event Facilities at the end of
the Triathlon Event. Such cleanup shall include, without limitation, removal of litter and debris from city streets and the Triathlon Event Facilities. 5.5. Conditions of Triathlon Event
Facilities. Competitor Group shall be responsible to promptly return the Triathlon Events Facilities to the condition they were in immediately prior to the Triathlon Event, reasonable
wear and tear excepted. Competitor Group shall be responsible to repair any damage to the Triathlon Event Facilities during the Triathlon Event by reason of Competitor Group or its patrons.
5.6 City Services. The City shall provide City Services for the Triathlon Event. The estimated costs and expenses for City Services and City Permit and Use Fees shall be determined after
the Parties’ mutually agree on the Triathlon Course and the Triathlon Event Facilities. Once determined, the estimated costs and expenses for City Services and City Permit and Use Fee
shall be attached to this Agreement as Exhibit B. Competitor Group shall pay the estimated costs and expenses for City Services and City Attachment number 1 \nPage 6 Item # 3
Final document 00137701 7 Permit and Use Fees, minus the value of the in-kind services to be provided by the City as described in Article 3.7 of this Agreement (the “Net Estimated Expenses”),
to the City thirty (30) days prior to the Triathlon Event. If the actual costs and expenses for City Services and City Permit and Use Fees, minus the value of the in-kind services to
be provided by the City as described in Article 3.7 of this Agreement, exceed the Net Estimated Expenses deposited by Competitor Group, Competitor Group shall pay the City for the excess
amount within thirty (30) days following the Triathlon Event. In the event that the costs and expenses for City Services and City Permit and Use Fees, minus the value of the in-kind
services to be provided by the City as described in Article 3.7 of this Agreement, are less than the Net Estimated Expenses deposited by Competitor Group, the City will reimburse Competitor
Group for the excess amount deposited within thirty (30) days following the Triathlon Event. However, in no event will the City have an obligation to disburse a cash equivalent of the
in-kind services to be provided by the City as described in Article 3.7 of this Agreement. 5.7 Compliance with Laws and Related Matters. Competitor Group shall comply with all applicable
Laws, including without limitation, the Florida Public Records Law (Chapter 119, Florida Statutes) and the Americans With Disabilities Act. 5.8 Liability for Expenses. Under no circumstances
shall the City be liable for any costs or expenses incurred by Competitor Group in any way related to or connected with the Triathlon Event unless specifically provided for in this Agreement.
Without limiting the generality of the foregoing, all obligations of Competitor Group pursuant to this Agreement shall be performed by Competitor Group at its sole cost and expense unless
this Agreement specifically provides otherwise. In no event will either Party be liable to the other Party for any consequential, incidental, indirect or punitive damages arising out
of or in relation to this Agreement. 5.9 Payment of Taxes. Unless otherwise specifically provided for in this Agreement, Competitor Group shall pay before they become delinquent all
applicable taxes associated with the Triathlon Event, including, without limitation, ad valorem taxes that may be assessed due to Competitor Group’s use of the Triathlon Event Facilities.
5.10 Authorizations. Competitor Group shall be responsible for seeking and obtaining any and all permits, licenses, certifications, consents, or other authorizations required by any
public or private entity or concern for the staging of the Triathlon Event and all other matters in connection therewith. 5.11 Unanticipated Events and Needs. The Parties acknowledge
that certain events, needs and changes related to the Triathlon Event cannot be anticipated far in advance (e.g., weather conditions). Each party shall give the other reasonable notice
under the circumstances of request for performance or modification of performance under this Agreement that could not reasonably have been anticipated pursuant to notice required or
contemplated in other article of this Agreement. In the event such notice is given pursuant to this Article 5.11, the Parties shall attempt to negotiate such amendments to this Agreement
that may be necessary. Attachment number 1 \nPage 7 Item # 3
Final document 00137701 8 ARTICLE VI: DEFENSE OF CLAIMS, INDEMNIFICATION AND INSURANCE 6.1 Indemnification. A. Competitor Group shall defend, pay on behalf of, indemnify and hold the
City, its officers, agents, employees, elected and appointed officials, and volunteers (collectively, “Indemnified Parties”) harmless from any and all claims, suits, demands, liabilities,
losses, damages, liens and fines, regardless of whether a lawsuit is filed (collectively, “Claims”), arising out of or in any way connected with the Triathlon Event, including but not
limited to Claims arising from or in any way connected with setup or dismantling activities; and from any and all Claims, which are alleged or claimed to be arising from or in connection
with (i) the sole or contributory negligence (active or passive) of Competitor Group, its agents, employees, contractors, subcontractors, concessionaires, licensees, patrons, spectators,
volunteers, participants, or customers; (ii) the negligence of the Indemnified Parties arising out of Triathlon Event; (iii) the intentional wrongful acts and omissions of Competitor
Group, its agents, employees, contractors, subcontractors, concessionaires, licensees, patrons, spectators, volunteers, participants or customers; (iv) the City's obligations pertaining
to defective conditions in the Triathlon Event Facilities and any allegations of dangerous condition of public property or premises liability for the property of the Indemnified Parties;
(v) the failure of Competitor Group, its agents, employees, contractors, subcontractors, concessionaires, licensees, patrons, spectators, volunteers, participants or customers to comply
and conform with all applicable Laws; (vi) the Triathlon Event or any portion thereof obstructing physical access to property; and (vii) the Triathlon Event or any portion thereof causing
a nuisance, including Claims in the nature of nuisance. B. The City shall promptly notify Competitor Group in writing of any claim against any of the Indemnified Parties of which the
foregoing indemnification relates. Competitor Group shall have the right to control the defense of any claim subject to indemnification. Competitor Group also shall have the right to
settle any such claim provided that Competitor Group pays the entire amount of such settlement and there is no finding of fault against the Indemnified Parties, or as otherwise agreed
to in writing by the City. C. The provisions of this article are independent of, and will not be limited by, any insurance required to be obtained by Competitor Group pursuant to this
Agreement or otherwise obtained by Competitor Group, and shall survive the expiration or earlier termination of this Agreement with respect to any claims or liability arising in connection
with any event occurring prior to such expiration or termination. 6.2. Insurance Coverage. A. Competitor Group shall carry the following minimum types and amounts of insurance at its
own expense: 1) Commercial general liability insurance in an amount of at least One Million Dollars ($1,000,000) per occurrence, Two Million Attachment number 1 \nPage 8 Item # 3
Final document 00137701 9 Dollars ($2,000,000) aggregate in occurrences form. This policy shall include coverage for (i) personal injury or death or property damage or destruction; (ii)
fire legal liability in the minimum amount of One Hundred Thousand Dollars ($100,000); and (iii) contractual liability under this Agreement. 2) Automobile liability insurance of $1,000,000
combined single limit covering all owned, hired and non-owned vehicles. 3) Workers’ Compensation insurance as required by Florida law and Employers’ Liability insurance in an amount
of at least $100,000 each accident, $100,000 per employee, and $500,000 for all diseases. 4) If approved to dispense alcohol, Liquor Liability Insurance in the amount of One Million
Dollars ($1,000,000). B. All of Competitor Group insurance policies, except Workers’ Compensation, shall name the Indemnified Parties as additional insureds. C. All policies shall provide
that the City will be provided notice at least thirty (30) days prior to any cancellation, reduction or material change in coverage. D. Competitor Group shall provide the City with Certificates
of Insurance on a standard ACORD form reflecting all required coverage. At the City's request, Competitor Group shall provide copies of current policies with all applicable endorsements.
E. All insurance required shall be provided by responsible insurers licensed in the State of Florida and rated at least A -in the then current edition of Best’s Insurance Guide or similar
rating service approved by the City. F. Competitor Group will obtain insurance policies that waive all subrogation rights of its insurance carriers in favor of the Indemnified Parties.
This provision is intended to waive fully, and for the benefit of the Indemnified Parties, any rights or claims which might give rise to a right of subrogation in favor of any insurance
carrier or Competitor Group. ARTICLE VII -DEFAULT AND REMEDIES 7.1 Default. The following shall be deemed events of default (“Default”) under this Agreement: A. By City. Failure by the
City to perform or comply with its obligations or responsibilities hereunder, which is not cured within a reasonable time, but Attachment number 1 \nPage 9 Item # 3
Final document 00137701 10 in no event to exceed thirty (30) days following receipt by the City of written notice from Competitor Group specifying with particularity the Default so claimed.
The thirty (30) day curative period provided herein may be expanded by so much additional time as is reasonably necessary to cure the Default provided that the City commences to cure
such Default within such thirty (30) day period and thereafter diligently and continuously proceeds to cure the Default. B. By Competitor Group. Any one or more of the following shall
be deemed a Default by Competitor Group: (1) Failure of Competitor Group to perform or comply with its obligations or responsibilities hereunder, which is not cured within a reasonable
time, but in no event to exceed thirty (30) days following receipt by Competitor Group of written notice from the City specifying with particularity the Default so claimed. The thirty
(30) day curative period provided herein may be expanded by so much additional time as is reasonably necessary to cure the Default provided that Competitor Group commences to cure such
Default within such thirty (30) day period and thereafter diligently and continuously proceeds to cure the Default. (2) A principal of Competitor Group shall be adjudicated guilty of
committing a felony and all rights of appeals have expired. (3) Competitor Group makes a voluntary assignment for the benefit of its creditors. (4) Competitor Group files a voluntary
petition in bankruptcy or becomes the subject of an involuntary petition in bankruptcy which is not discharged within sixty (60) days after the filing of such involuntary petition in
bankruptcy. 7.2 Remedies. A. In the event of a material Default by a party in the performance of its obligations and duties as provided in this Agreement which is not cured within any
curative period provided herein, the other party shall have the right to immediately file an action with a court of competent jurisdiction requesting an order granting any and all appropriate
remedies, legal and equitable, including, without limitation, injunctive relief, specific performance, termination of this Agreement, damages and/or an order requiring or precluding
the conduct of the Triathlon Event or any portion thereof. The Parties hereto shall comply with the terms and conditions of any such order until the order is subsequently modified or
revoked by such court or overruled pursuant to an appeal thereof filed by any party hereto; provided, however, that until a court order is obtained establishing the rights and obligations
of the Parties pursuant to this Agreement and the Default of a party in the performance of its obligations and duties hereunder, no party shall be excused from performance of its respective
obligations pursuant to this Agreement except as otherwise specifically provided in this Agreement to the contrary. Attachment number 1 \nPage 10 Item # 3
Final document 00137701 11 B. The provisions of this Section 7.2 are subject to the rights of termination set forth in Section 7.3 below. C. In no event shall either party be liable
for any loss of use, loss of time, inconvenience, lost profits or other special, incidental or consequential damages in any way related to or arising from this Agreement or the Triathlon
Event. 7.3 Termination. Notwithstanding anything contained in Section 7.2 above to the contrary, the applicable parties shall have the right to terminate this Agreement by written notice
to the other parties as follows: A. By City. The City may terminate this Agreement by written notice to Competitor Group by reason of any Default specified in Section 7.1 B. B. By Competitor
Group. Competitor Group may terminate this Agreement by written notice to the City by reason of any Default specified in Section 7.1 A or pursuant to Section 8.12. C. By Court. A court
of competent jurisdiction may terminate this Agreement pursuant to Section 7.2 above following any Default specified in Section 7.1 A. or Section 7.1 B. (1) above which is not cured
within the applicable curative period provided therein. ARTICLE VIII -MISCELLANEOUS 8.1 Notices. A. Any and all notices to be given to Competitor Group under this Agreement or required
by law to be given to Competitor Group may be given or served by certified or registered letter deposited in the U.S. Mail with postage prepaid, overnight courier, or facsimile, addressed
to: Competitor Group, Inc. 9477 Waples St., Suite 150 San Diego, CA 92121 858-450-6510 Attn: Josh Furlow, SVP Operations B. Any and all notices to be given to the City under this Agreement
or required by law to be given to the City may be given or served by certified or registered letter deposited in the U.S. Mail with postage prepaid, overnight courier, or facsimile,
addressed to: City of Clearwater 112 S. Osceola Avenue Clearwater, Florida 33756 (727) 562-4040 Attachment number 1 \nPage 11 Item # 3
Final document 00137701 12 Attn: Kevin Dunbar With a copy to: City of Clearwater 112 S. Osceola Avenue Clearwater, Florida 33756 Attn: City Attorney C. All notices shall be deemed given
or served upon receipt. Any party may change its address for the giving of notice pursuant to notice given in accordance with the provisions of this Article 8.1, which notice shall be
effective upon receipt by the other party. 8.2 Assignment. Competitor Group shall not assign this Agreement, or any part thereof, without first obtaining the written consent of City,
which consent may be withheld by City at its sole discretion. Any assignment of this Agreement contrary to this Article 8.2, whether voluntary or involuntary, shall be void and shall
confer no rights upon an assignee. 8.3 No Waiver. No provision of this Agreement will be deemed waived by either party unless expressly waived in writing signed by the waiving party.
No waiver shall be implied by delay or any other act or omission of either party. No waiver by either party of any provision of this Agreement shall be deemed a waiver of such provision
with respect to any subsequent matter relating to such provision, and the City’s consent respecting any action by Competitor Group shall not constitute a waiver of the requirement for
obtaining the City’s consent respecting any subsequent action. 8.4 Severability. In the event that any portion of this Agreement shall be held to be invalid for any reason, such invalidity
shall not affect the remaining portions of this Agreement and the same shall remain in full force and effect. 8.5 Applicable Law and Venue. This Agreement shall be deemed to have been
executed, delivered and performed in the State of Florida and it shall be governed by and interpreted in accordance with the laws of the State of Florida. Venue for any action brought
in state courts shall be in Pinellas County. Venue for any action brought in federal court shall be in the Middle District of Florida, Tampa Division, unless a division shall be created
in Pinellas County, in which case the action shall be brought in that division. 8.6 Parties in Interest. All agreements made and entered into in connection with the transactions contemplated
herein shall be binding upon and shall inure to the benefit of the Parties hereto, their successors and assigns. 8.7 Captions. Captions are for convenience only and shall not control
or affect the meaning or construction of any of the provisions of this Agreement. 8.9 Relationship of Parties. This Agreement does not in any way constitute Attachment number 1 \nPage
12 Item # 3
Final document 00137701 13 Competitor Group as the agent, employee or legal representative of the City for any purpose whatsoever. Competitor Group is in all respects an independent
contractor and nothing contained in this Agreement shall create or be construed as creating a partnership or joint venture between the City and Competitor Group. The City shall in no
way be responsible for any debts incurred by Competitor Group. 8.9 Nondiscrimination. Competitor Group shall not illegally discriminate against anyone in the use of the Triathlon Event
Facilities or the conduct of the Triathlon Event. 8.10 Force Majeure. Each party shall be excused from performance of its obligations hereunder when such performance has been delayed,
hindered or prevented by any cause or causes beyond such party's reasonable control, which shall include, without limitation, labor disputes, riots, civil commotion or insurrection,
war, war-like operations, or terrorist acts, invasion, rebellion, military or usurped power, sabotage, governmental restrictions, regulations or controls, inability to obtain any materials
or services, fire or other casualties, natural disasters or acts of God. In the event any Triathlon Event Facility or portion thereof is destroyed or substantially damaged at any time
during the Term by fire, casualty or other cause, the City shall not be required to repair or rebuild such Triathlon Event Facility or portion thereof. If the Triathlon Course set forth
in Exhibit A and/or Triathlon Event Facilities set forth in Exhibit C are unavailable due to circumstances beyond the City’s control, the parties shall mutually agree in writing on a
revised Exhibit A and/or Exhibit C. 8.11 Consent and Action by City. A. For purposes of this Agreement, any required written permission, consent, acceptance, approval, or agreement (“Approval”)
by the City means the Approval of the City Manager or his authorized designee, unless otherwise set forth in this Agreement or unless otherwise required to be exercised by City Council
pursuant to the City Charter or applicable Laws. B. For purposes of this Agreement, any right of the City to take any action permitted, allowed, or required by this Agreement may be
exercised by the City Manager or his authorized designee, unless otherwise set forth in this Agreement or unless otherwise required to be exercised by City Council pursuant to the City
Charter or applicable Laws. 8.12 Non-Appropriation. The obligations of the City as to any funding required pursuant to this Agreement shall be limited to an obligation in any given year
to budget, appropriate and pay from legally available funds, after monies for essential city services have been budgeted and appropriated, sufficient monies for the funding that is required
during that year. Notwithstanding the foregoing, the City shall not be prohibited from pledging any legally available non-ad valorem revenues for any obligations heretofore or hereafter
incurred, which pledge shall be prior and superior to any obligation of the City pursuant to this Agreement. The City agrees to promptly notify Competitor Group in writing in the event
of non-appropriation of funds required to be Attachment number 1 \nPage 13 Item # 3
Final document 00137701 14 paid or contributed by the City pursuant to this Agreement, and, upon such notice, Competitor Group may terminate this Agreement in its sole discretion; provided,
however, that the City shall not be liable to Competitor Group or responsible for any costs or expenses incurred by Competitor Group as a result of or related to the City’s non-appropriation
of funds or Competitor Group’s termination of this Agreement pursuant to this Section 8.12. 8.13 No Third Party Beneficiaries. Persons or entities not a party to this Agreement may not
claim any benefit hereunder or as third party beneficiaries hereto. 8.14 Entire Agreement. This Agreement and the documents to be delivered hereunder constitute the entire agreement
between the Parties pertaining to the subject matters covered hereby and there are no oral representations, arrangements or understandings between or among the Parties relating to the
subject matters of this Agreement. No change to this Agreement will be valid unless made by a written amendment duly executed by the Parties. 8.15 Survival. All obligations (including
indemnity and payment obligations) or rights of any party arising during or attributable to the period prior to expiration or earlier termination of this Agreement shall survive such
expiration or earlier termination. IN WITNESS WHEREOF the Parties hereto have caused this Agreement to be executed by their duly authorized representatives on the date first above written.
Countersigned: CITY OF CLEARWATER, FLORIDA __________________________ By: _________________________ Frank V. Hibbard William B. Horne, II Mayor City Manager Approved as to form: Attest:
__________________________ _____________________________ Laura Lipowski Mahony Rosemarie Call Assistant City Attorney City Clerk COMPETITOR GROUP, INC WITNESSES Sign:_________________________
Sign:_______________________ Attachment number 1 \nPage 14 Item # 3
Final document 00137701 15 Print:_________________________ Print:_______________________ Title:_________________________ Sign:_______________________ Print:_______________________ Attachments:
Exhibit A Exhibit B Exhibit C Attachment number 1 \nPage 15 Item # 3
Work Session Council Chambers -City Hall Meeting Date:1/30/2012 SUBJECT /RECOMMENDATION: Approve renewal of the agreement with Religious Community Services, Inc. (RCS) for provision
of contractual victim advocacy services in the amount of $17,149 and authorize the appropriate officials to execute same. (consent) SUMMARY: The Clearwater Police Department (CPD) seeks
City Council approval to renew a contractual agreement with RCS (a registered nonprofit organization with four distinct yet interwoven programs, which includes The Haven of RCS) to provide
a part-time bilingual victim advocate position from The Haven to be physically located at CPD headquarters. The victim advocate will work 20 hours per week and perform the duties associated
with the implementation of a domestic violence victim advocacy program with an emphasis on Spanish-speaking, Hispanic victims for a one-year period. This is a second year request for
the services of a part-time bilingual victim advocate, which has proven to be a very successful program. The victim advocate provided safety plans for 233 domestic violence victims,
43 of whom were Hispanic, for the period January 1, 2011 through September 30, 2011. Additionally, there were 210 initiated calls made to the victims of domestic violence and a total
of 362 follow up calls. The victim advocate also assisted the victims at court hearings and State Attorney Investigations. The Haven of RCS is a state-certified provider of domestic
violence victim advocacy services; has a number of Spanish-speaking victim advocates on staff; and has a long history of partnering with CPD and its victim advocate on domestic violence
issues. Pursuant to the contractual agreement, The Haven of RCS will provide comprehensive domestic violence services on-site at CPD for a total of 400 victims, with an emphasis on Spanish-speaking
Hispanics but to include all domestic violence victims. All expenses will be funded with Special Law Enforcement Trust Fund revenue and charged to Special Project 181-99356. Type: Other
Current Year Budget?: Yes Budget Adjustment: None Budget Adjustment Comments: Current Year Cost: $ 12,861.72 Annual Operating Cost: Not to Exceed: Total Cost: $ 17,149.00 For Fiscal
Year: 2012 to Appropriation Code Amount Appropriation Comment 181-99356 12,861.72 for FY 2012 Review Approval: 1) Office of Management and Budget 2) Legal 3) Clerk 4) Assistant City
Manager 5) City Manager 6) Clerk Cover Memo Item # 4
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Work Session Council Chambers -City Hall Meeting Date:1/30/2012 SUBJECT /RECOMMENDATION: Deny a Development Agreement between AEC Sunset Point, LLC (the property owner) and the City
of Clearwater for property located at 2750 and 2754 Sunset Point Road (Lot 2 and a portion of Lot 1, The Elks Subdivision); do not pass Resolution 12-01. (DVA2011-10001) SUMMARY: The
development agreement involves the northeastern portion of 2750 and 2754 Sunset Point Road, totaling 6.571 acres of a 19.42 acre property, located on the north side of Sunset Point Road,
approximately 477 feet west of Soule Road. City Council voted (4-1) at its January 12, 2012 meeting to approve a Future Land Use Map amendment from the Institutional (I) classification
to the Industrial Limited (IL) classification and to amend the Zoning Atlas from the Institutional (I) District to the Industrial, Research and Technology (IRT) District. The subject
site was formerly owned by the Clearwater Elks Lodge and operated as such until 2000; in 2002 the site was sold to AEC Sunset Point, LLC. The property currently has two buildings (6,840
square feet and 3,664 square feet), one on each parcel, with small parking lots and driveways to the buildings, which traverse the length of the property and connect to Sunset Point
Road. The property owner intends to expand the current nonconforming manufacturing use to 130,000 square feet. The Development Agreement proposes manufacturing use of up to 130,000 square
feet of non-residential floor area (0.45 Floor Area Ratio) at a maximum height of 35 feet, whereas the Community Development Code would allow 186,051 square feet (0.65 Floor Area Ratio)
at a maximum height of 50 feet. The proposed Development Agreement will be in effect for a period not to exceed twenty (20) years and requires the Developer to limit the use of the property
to offices, research and technology use and manufacturing. The proposed Agreement will prohibit such uses as warehouse facility, major vehicle service, adult uses, nightclubs and salvage
yards. The Planning and Development Department has determined that the proposed Development Agreement is inconsistent with the City’s Comprehensive Plan. The Community Development Board
reviewed the application at its public hearing on December 20, 2011 and recommended approval (6-1) of the Development Agreement. Review Approval: 1) Office of Management and Budget 2)
Legal 3) Clerk 4) Assistant City Manager 5) City Manager 6) Clerk Cover Memo Item # 5
Attachment number 1 \nPage 1 Item # 5
Attachment number 1 \nPage 2 Item # 5
Resolution No. 12-01 RESOLUTION NO. 12-01 A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA APPROVING A DEVELOPMENT AGREEMENT BETWEEN THE CITY OF CLEARWATER AND AEC SUNSET POINT, LLC;
PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Clearwater is desirous of entering into a development agreement with Aviation Engineering Consultants, LLC; now, therefore, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section1. The Development Agreement between the City of Clearwater and AEC Sunset Point, LLC, a copy of which is attached as Exhibit
“A,” is hereby approved. Section 2. This resolution shall take effect immediately upon adoption. Section 3. The City Clerk is directed to submit a recorded copy of the Development Agreement
to the state land planning agency no later than fourteen (14) days after the Development Agreement is recorded. PASSED AND ADOPTED this _______ day of _____________, 2012. ___________________________
_ Frank V. Hibbard Mayor Approved as to form: Attest: __________________________ _____________________________ Leslie K. Dougall-Sides Rosemarie Call City Attorney City Clerk Attachment
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S:\Planning Department\C D B\Land Use Amendments\Land Use Amendments\Sunset Point 2750 & 2754 LUP2011-09003 -AEC Engineering\Maps\LUP2011-09003,REZ2011-09006,DVA2011-10001 Location Map.doc
[ PROJECT SITE -Not to Scale--Not a Survey-LOCATION MAP Owners: Aviation Engineering Consultants Sunset Point, LLC Case: LUP2011-09003 REZ2011-09006 DVA2011-10001 Site: 2750 & 2754 Sunset
Point Road Property Size(Acres): TOTAL PROPRTY SIZE: 19.42 ACRES PORTION INCLUDED IN REQUEST: 6.57 ACRES Land Use Zoning PIN: A PORTION OF 05-29-16-25622-000-0010 and From : 05-29-16-25622-000-0020
To: I I IL IRT Atlas Page: 255A Attachment number 3 \nPage 1 Item # 5
S:\Planning Department\C D B\Land Use Amendments\Land Use Amendments\Sunset Point 2750 & 2754 LUP2011-09003 -AEC Engineering\Maps\LUP2011-09003,REZ2011-09006,DVA2011-10001 Aerial Photograph.doc
SOULE RD SUNSET POINT RD SOUTH DR ROBINWOOD DR HARBOR CIR -Not to Scale--Not a Survey-AERIAL PHOTOGRAPH Owners: Aviation Engineering Consultants Sunset Point, LLC Case: LUP2011-09003
REZ2011-09006 DVA2011-10001 Site: 2750 & 2754 Sunset Point Road Property Size(Acres): TOTAL PROPRTY SIZE: 19.42 ACRES PORTION INCLUDED IN REQUEST: 6.57 ACRES Land Use Zoning PIN: A PORTION
OF 05-29-16-25622-000-0010 and From : 05-29-16-25622-000-0020 To: I I IL IRT Atlas Page: 255A Attachment number 3 \nPage 2 Item # 5
S:\Planning Department\C D B\Land Use Amendments\Land Use Amendments\Sunset Point 2750 & 2754 LUP2011-09003 -AEC Engineering\Maps\LUP2011-09003,REZ2011-09006,DVA2011-10001 Future Land
Use Map.doc I I I I RU RL RM I RLM RLRL CG R/O/R R/OG R/O/R R/OL RM P R/OG I P R/O/R R/OL RM SOULE RD SU NSET POINT RD SOUTH DR ROBINWOOD DR 2701 2697 2695 2689 2683 2671 2651 2728 2730
2706 2796 2794 2788 2776 2768 1982 2779 1946 1970 1948 1934 2770 2787 2684 2753 2678 2650 2770 2674 2751 2705 2661 2659 2732 2782 2760 2752 2754 2791 2785 2775 2767 1938 1934 19402790
2764 2764 2690 2701 2764 2764 2694 2764 2764 2764 2750 -Not to Scale--Not a Survey-I I P FUTURE LAND USE MAP Owners: Aviation Engineering Consultants Sunset Point, LLC Case: LUP2011-09003
REZ2011-09006 DVA2011-10001 Site: 2750 & 2754 Sunset Point Road Property Size(Acres): TOTAL PROPRTY SIZE: 19.42 ACRES PORTION INCLUDED IN REQUEST: 6.57 ACRES Land Use Zoning PIN: A PORTION
OF 05-29-16-25622-000-0010 and From : 05-29-16-25622-000-0020 To: I I IL IRT Atlas Page: 255A IL Attachment number 3 \nPage 3 Item # 5
S:\Planning Department\C D B\Land Use Amendments\Land Use Amendments\Sunset Point 2750 & 2754 LUP2011-09003 -AEC Engineering\Maps\LUP2011-09003,REZ2011-09006,DVA2011-10001 Zoning Map.doc
SOULE RD SU NSET POINT RD SOUTH DR ROBINWOOD DR C O C 2701 2697 2695 2689 2683 2671 2651 2661 2728 2730 2706 2796 2794 2788 2782 2776 2768 1982 2791 2785 2779 1946 1970 1948 1934 1934
1938 1940 2770 2790 2787 2684 2753 2678 2650 2770 2674 I P MHP LMDR 2751 2705 2659 2732 2760 2752 2754 2775 2767 2764 2764 2690 2701 2764 2764 2694 2764 2764 2764 2750 -Not to Scale--Not
a Survey-I I ZONING MAP Owners: Aviation Engineering Consultants Sunset Point, LLC Case: LUP2011-09003 REZ2011-09006 DVA2011-10001 Site: 2750 & 2754 Sunset Point Road Property Size(Acres):
TOTAL PROPRTY SIZE: 19.42 ACRES PORTION INCLUDED IN REQUEST: 6.57 ACRES Land Use Zoning PIN: A PORTION OF 05-29-16-25622-000-0010 and From : 05-29-16-25622-000-0020 To: I I IL IRT Atlas
Page: 255A IRT Attachment number 3 \nPage 4 Item # 5
S:\Planning Department\C D B\Land Use Amendments\Land Use Amendments\Sunset Point 2750 & 2754 LUP2011-09003 -AEC Engineering\Maps\LUP2011-09003,REZ2011-09006,DVA2011-10001 Existing Surrounding
Uses Map.doc 110 100 100 125 125 116.9 66 66 6060 100(S) 741 42 76212 761 94 25622 23/06 23/13 2.78 13 24/06 1.31 24 /12 24/11 24/14 4.23 21/03 5.85 B B A A 1 14 15 1 2 3 4 5 1 2 3 4
5 6 7 8 7 8 9 12 10 11 6 5 4321 1 2 5 6 4 7 24/03 24/04 24/07 24/08 24/09 2. 62 2.4 24/10 5 9 10 11 12 13 14 15 16 1 253 62 K 66 60 A C (C) 1 1 1 1 3 2 1 1 1 A C(C) A C (C) A C A C(C)
2701 2697 2695 2689 2683 2671 2661 2706 2794 2788 2782 2776 2768 1982 2779 1970 1934 1938 1940 2770 2787 2684 2678 2650 2770 2674 SOULE RD SUNSET POINT RD ROBINWOOD DR 2751 2705 2651
2659 2728 2730 2732 2796 2760 2752 2754 2791 2785 2775 2767 1946 1948 1934 2790 2764 2764 2753 2690 2701 2764 2764 2694 2764 2764 2764 2750 -Not to Scale--Not a Survey-EXISTING SURROUNDING
USES MAP Owners: Aviation Engineering Consultants Sunset Point, LLC Case: LUP2011-09003 REZ2011-09006 DVA2011-10001 Site: 2750 & 2754 Sunset Point Road Property Size(Acres): TOTAL PROPRTY
SIZE: 19.42 ACRES PORTION INCLUDED IN REQUEST: 6.57 ACRES Land Use Zoning PIN: A PORTION OF 05-29-16-25622-000-0010 and From : 05-29-16-25622-000-0020 To: I I IL IRT Atlas Page: 255A
Mobile Home Park Assisted Living Facility and Nursing Home Independent Living Facility Boat, Mobile Home and Travel Trailer Sales Self-Storage Mobile Home Park Office Vacant Vacant Preservation
Land Single Family Homes Single Family Homes Offices Offices Cemetery Church Church Single Family Homes Offices Pre-School Vet Office Single Family Homes Phone Utility Facility Attachment
number 3 \nPage 5 Item # 5
View looking north at the subject parcel, 2750 Sunset Point Road West of the subject property, Preservation land View looking north at the subject parcel, 2754 Sunset Point Road West
of the subject property, office LUP2011-09003, REZ2011-09006 & DVA2011-10001 AEC Sunset Point, LLC 2750 and 2754 Sunset Point Road East of the subject property, single family homes,
view from Robinwood Drive entrance East of the subject property, single family homes, view from subject site Attachment number 3 \nPage 6 Item # 5
East of the subject property, offices East of the subject property, phone utility facility LUP2011-09003, REZ2011-09006 & DVA2011-10001 AEC Sunset Point, LLC 2750 and 2754 Sunset Point
Road Across street, to south of the subject property View looking easterly along Sunset Point Road View looking westerly along Sunset Point Road Across street, to south of the subject
property Attachment number 3 \nPage 7 Item # 5
Community Development Board – December 20, 2011 DVA2011-10001 – Page 1 of 5 CDB Meeting: December 20, 2011 Case Number: DVA2011-10001 Applicant: AEC (Aviation Engineering Consultants)
Sunset Point, LLC Address: 2750 and 2754 Sunset Point Road Agenda Item: F.5 (Related to F.3 and F.4) CITY OF CLEARWATER PLANNING AND DEVELOPMENT DEPARTMENT STAFF REPORT GENERAL INFORMATION
Request: Review of a Development Agreement between AEC Sunset Point LLC (the property owner) and the City of Clearwater as per Community Development Code Section 4-606. Current/Proposed
Zoning Current: Institutional (I) Districts: Proposed: Industrial, Research and Technology (IRT) Current/Proposed Future Current: Institutional (I) Land Use Map Categories: Proposed:
Industrial Limited (IL) Property Use: Current: Manufacturing Proposed: Manufacturing Existing Surrounding North: Institutional (I) Zoning and Uses: Independent living facility, assisted
living facility and nursing home South: Institutional (I) Places of worship East: Single Family Residential (R-2) (County), Office (O) and Institutional (I) Single family homes, offices
and phone utility facility West: Preservation (P), Mobile Home Park (MHP), Commercial Parkway (CP-1) (County), and Commercial (C) Preservation lands, offices, mobile homes, boat and
travel trailer sales and self-storage Attachment number 4 \nPage 1 Item # 5
Community Development Board – December 20, 2011 DVA2011-10001 – Page 2 of 5 ANALYSIS: Site Location and Existing Conditions: This case involves the northeastern portion of 2750 and 2754
Sunset Point Road, totaling 6.571 acres of a 19.42 acre property, owned by AEC Sunset Point LLC. The property is comprised of two parcels and currently contains the AEC business on the
northeastern parcel and a portion of the southern parcel. The remainder of the southern parcel (12.84 acres) is Preservation land. Development Proposals: A request to amend the Future
Land Use Map designation of the property from Institutional (I) to Industrial Limited (IL) is being processed concurrently with this case. In addition, a request for rezoning of the
property from Institutional (I) to Industrial, Research and Technology (IRT) is also being processed concurrently with this case. Development Agreement Request: The proposed Development
Agreement limits the use and development of the subject site to a total of 130,000 square feet (FAR of 0.45) of manufacturing space for a period of 20 years, whereas 186,051 square feet
of development (FAR of 0.65) could be allowed. The Agreement sets forth public and private obligations and requires redevelopment of the site to be consistent with the following requirements:
1. Is not effective until final approval and effectiveness of the Future Land Use Map and Zoning Atlas amendments under LUP2011-09003 and REZ2011-09006; 2. Sets out the Developer’s transportation
obligations, including the submittal of a traffic impact study (TIS) and implementation of study recommendations; 3. Prohibits certain uses through a Restrictive Covenant, to be recorded
in the Official Records of Pinellas County; 4. Limits the building height to a maximum of 35 feet; 5. Requires the Preservation area to be protected through an executed perpetual Conservation
Easement, to be recorded in the Official Records of Pinellas County; 6. Requires the property to be developed in conformance with the concept plan submitted as Exhibit B, including a
25 foot setback from structures to the adjacent single family residential properties to the east and a 25 foot vegetative buffer from the Preservation zoned land to the west. Additionally,
the Development Agreement obligates the City to comply with the following: 1. Concurrently process the Future Land Use Map amendment under LUP2011-09003 and Zoning Atlas amendment under
REZ2011-09006; 2. Pending a jurisdictional wetland survey submitted by the Developer, obligates the City to use the administrative adjustment procedure to adjust the Preservation line,
providing it is Attachment number 4 \nPage 2 Item # 5
Community Development Board – December 20, 2011 DVA2011-10001 – Page 3 of 5 in accord with the Community Development Code and Pinellas Planning Council Countywide Rules. CONSISTENCY
WITH THE CITY’S COMPREHENSIVE PLAN: [Section 4-606.F] Recommended Findings of Fact: Applicable goals, objectives and policies of the Clearwater Comprehensive Plan which are not supportive
of the proposed amendments include: Policy A.2.2.4 Industrial land uses shall be located along arterial or major collector streets, with rail access if possible. Siting and operation
of industrial land uses should not create adverse offsite impacts, particularly as these off-site impacts may degrade residential areas. 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 delineations, other standards, and special rules. Goal A.5 The
City of Clearwater shall identify and utilize a citywide design structure comprised of a hierarchy of places and linkages. The Citywide Design Structure will serve as a guide to development
and land use decisions while protecting those elements that make the city uniquely Clearwater. Policy A.5.1.7 Identify Neighborhood Character Features: natural or manmade elements that
give neighborhoods their distinct personalities. Policy A.6.1.6 Land use decisions in Clearwater shall support the expansion of economic opportunity, the creation of jobs and training
opportunities as well as the maintenance of existing industries through establishment of enterprise zones, activity centers and redevelopment areas and by coordination with the Chamber
of Commerce, Tourist Development Council and other economic development organizations and agencies. Policy A.6.2.1 On a continuing basis, the Community Development Code and the site
plan approval process shall be utilized in promoting infill development and/or planned developments that are compatible. Among the adjacent properties on the north side of Sunset Point
Road, the majority are residential (or residential equivalent) or preservation uses. This includes 19 residential properties to the east, the Regency Oaks Independent Living, Assisted
Living and Nursing Home property to the north and the Preservation land to the west. Together, these account for 85 percent of the perimeter boundary, the remainder of which are offices
and a phone utility facility. Although the existing manufacturing use has been taking place at the site for some time, the proposed development agreement would permit the expansion of
the development at a scale 12 times the current size. Attachment number 4 \nPage 3 Item # 5
Community Development Board – December 20, 2011 DVA2011-10001 – Page 4 of 5 West of the wetland that borders the subject site, the Citywide Design Structure (Map #A-14) designates the
area of Sunset Point Road adjacent to U.S. 19 as a multi-neighborhood shopping center. To the east of the site across Soule Road, the map designates the Sylvan Abbey cemetery as a neighborhood
character feature. While Map #B-6, Road Network, identifies Sunset Point Road as a minor collector, this location is not an enterprise zone, activity center or designated redevelopment
corridor overlay on the Citywide Design Structure map. Recommended Conclusions of Law: The proposed expansion of the current nonconforming manufacturing use of the site is not consistent
with any of the surrounding land uses. The Development Agreement indicates that 195 parking spots will be provided. The applicant has pledged to provide 355 jobs. At this time, the applicant
and his representatives have not indicated hours of operation. It appears multiple shifts may be necessary to accommodate future full employment. The proposed Development Agreement limits
the impact, should the future land use classification and zoning district be amended, as it prohibits 30 of the 34 allowable uses in the Industrial, Research and Technology (IRT) district.
The proposal to limit, by Restrictive Covenants, a plurality of allowable uses contained in the Industrial, Research and Technology (IRT) category suggests inherent incompatibilities.
SUMMARY AND RECOMMENDATION: The Development Review Committee (DRC) reviewed the application and supporting materials at its meeting of December 1, 2011, and deemed the development proposal
to be legally sufficient to move forward to the CDB, based upon the following: Findings of Fact: 1. That the 6.571-acre site is located on the north side of Sunset Point Road approximately
477 feet west of Soule Road; 2. That there is a companion application to amend the Future Land Use Map designation for the subject property from Institutional (I) to the Industrial Limited
(IL) classification (LUP2011-09003), and to rezone the property from Institutional (I) district to the Industrial, Research and Technology (IRT) district (REZ2011-09006); 3. That the
purpose of this Development Agreement is to restrict the development potential on the property to less than the maximums allowable and limit the allowable uses of the property to manufacturing,
offices, outdoor retail sales, display and/or storage, and research and technology use; 4. That a 25 foot setback will be provided to the residential properties to the east and a 25
foot vegetative buffer will be provided to the Preservation and Water/Drainage Feature land to the west; 5. That the proposed agreement endures for 20 years; 6. That the proposed use
of the property is not compatible with the surrounding area; 7. That the property is situated between a wetland to the west and residential and low intensity office uses to the east;
8. That the operational characteristics, based on the proposed parking and projected number of employees, will require the need for multiple shifts. Attachment number 4 \nPage 4 Item
# 5
Community Development Board – December 20, 2011 DVA2011-10001 – Page 5 of 5 Conclusions of Law: The Planning and Development Department, having made the above findings of fact, reaches
the following conclusions of law: 1. That the Development Agreement does not comply with the standards and criteria of Section 4-606 of the Community Development Code; 2. That the Development
Agreement is inconsistent with and the Visions, Goals, Objectives and Policies of the Comprehensive Plan. Based upon the above, the Planning and Development Department recommends the
DENIAL of a Development Agreement between Aviation Engineering Consultants Sunset Point LLC (the property owner) and the City of Clearwater as per Community Development Code Section
4-606, for the property at 2750 and 2754 Sunset Point Road. Prepared by Planning and Development Department Staff: __________________________________________ Catherine Lee, Planner III
ATTACHMENTS: q Development Agreement with Exhibits q Staff Resume q Location Map q Aerial Map q Future Land Use Map q Zoning Map q Existing Surrounding Uses Map q Site Photographs S:\Planning
Department\C D B\Development Agreements (DVA)\Sunset Point Rd 2750 and 2754 Aviation Engineering Consultants LLC DVA2011-10001 -(I) 2011.12 -CL\Staff Report\DVA2011-10001 Staff Report.docx
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Work Session Council Chambers -City Hall Meeting Date:1/30/2012 SUBJECT /RECOMMENDATION: Agree to enter into negotiations to address issues concerning planning and annexation for the
areas completely surrounded by the city not contiguous to city boundaries, in response to Pinellas County Resolution 11-185, and adopt Resolution 12-03. SUMMARY: Florida Statutes Chapter
171 Part I establishes statewide standards and procedures for municipal annexation or contraction. In 2006, Chapter 171 was amended to include Part II, which allows for a county and
municipalities to enter into interlocal service boundary agreements to address a variety of potential issues associated with voluntary and referendum annexations and service delivery
and establish a process for the County, municipalities and independent districts to use. On December 6, 2011, the Board of County Commissioners adopted Resolution 11-185 initiating the
Interlocal Service Boundary Agreement process to negotiate the ability of a municipality to voluntarily annex property that is located within an enclave completely surrounded by that
same municipality but not contiguous to municipal boundaries (informally described as Type A enclave). This resolution invited ten municipalities and five independent special districts
to participate in the Interlocal Agreement process, and establishes that this is the sole issue to be negotiated. The City of Clearwater was invited to participate in this process because
it contains several Type A enclaves within the Clearwater Service Area. In order to participate in the negotiation process, the city must adopt a responding resolution and send it to
the County, each invited municipality, and each independent special district that received the initiating resolution. The County and those municipalities and independent special districts
that decide to participate must begin negotiations within 60 days after the receipt of the responding resolutions. An invited municipality that fails to adopt a responding resolution
waives its right to participate in the negotiation process and shall be bound by an interlocal agreement resulting from the negotiation process. This process would essentially re-establish
the same authority previously granted to municipalities under Pinellas County Ordinance 00-63, which was in effect from November 2000 to October 2007. Ordinance 00-63 was invalidated
by the 2nd District Court of Appeals effective October 2007 in Cities of Largo and Seminole v. Pinellas County. The Planning and Development Department recommends approval of Resolution
12-03 responding to the County’s resolution inviting the city to participate in the Interlocal Service Boundary Agreement process and agreeing to enter into negotiations with the County
and responding municipalities and independent special districts regarding Type A enclaves. Review Approval: 1) Office of Management and Budget 2) Legal 3) Clerk 4) Assistant City Manager
5) City Manager 6) Clerk Cover Memo Item # 6
Resolution No. 12-03 RESOLUTION NO. 12-03 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLEARWATER, PURSUANT TO CHAPTER 171, PART II, FLORIDA STATUTES, THE INTERLOCAL SERVICE BOUNDARY
AGREEMENT ACT, AGREEING TO PARTICIPATE IN THE PROCESS PROVIDED FOR THEREUNDER FOR THE PURPOSE OF ADDRESSING THE ISSUES MORE PARTICULARLY SET FORTH HEREIN; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Pinellas County Board of County Commissioners adopted Resolution No. 11-185, initiating the negotiating process provided for in the Act; and WHEREAS, Part II, Chapter 171,
Florida Statutes, entitled the "lnterlocal Service Boundary Agreement Act" (Act), provides an alternative to Part I of said Chapter for local governments regarding the annexation of
territory into a municipality and the subtraction of territory from the unincorporated area of the county; and WHEREAS, one of the goals of the process set forth within the Act is to
promote sensible boundaries that reduce the cost of local government, avoid duplicating local services and increase political transparency and accountability; and WHEREAS, § 171.044(1),
Fla. Stat., prohibits the voluntary annexation of property that is not contiguous to a municipality and within an enclave; and WHEREAS, given the highly urban character of Pinellas County,
a more flexible process providing for municipalities to voluntarily annex non-contiguous property within an enclave is appropriate and desirable within Pinellas County; and WHEREAS,
it is the intent of the City Council of the City of Clearwater to respond to the invitation of the Pinellas County Board of County Commissioners in order to initiate discussion with
Pinellas County and other invited municipalities listed in Exhibit A regarding the development of an interlocal service boundary agreement as defined in Part II, Chapter 171, Florida
Statutes, to permit non-contiguous, voluntary annexation of property within an enclave as defined in § 171.031(13)(a), Fla. Stat.; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL
OF THE CITY OF CLEARWATER, FLORIDA: 1. The governing body of the City of Clearwater hereby responds to Pinellas County Resolution No. 11-185 and agrees to enter into negotiations with
the municipalities listed in Exhibit A, the notified independent special districts listed in Exhibit C, and Pinellas County, pursuant to the Act, to address issues concerning planning
and annexation for the areas identified below and as set forth in Exhibit B. The City of Clearwater incorporates Exhibits A through C, which are attached hereto and are attached to Pinellas
County Resolution No. 11-185, as part of its Resolution for the purposes of these negotiations. Attachment number 1 \nPage 1 Item # 6
Resolution 2 No. 12 -03 2. The governing body of the City of Clearwater concurs with Pinellas County as to the definition of the area to be considered as the areas within the geographical
boundaries of Pinellas County as set forth in §7.52, Fla. Stat., that meet the definition of an enclave as defined in § 171.031(13)(a), Fla. Stat. (2010), as “any unincorporated improved
or developed area that is enclosed within and bounded on all sides by a single municipality.” 3. The governing body of the City of Clearwater hereby adopts the sole issue identified
by Pinellas County Resolution 11-185 to be negotiated in this process, to wit: The ability of a municipality to voluntarily annex property that is not contiguous to the municipality
as defined in Florida Statutes Section 171.031(11) (2010) and is located within an enclave as defined in Paragraph 2. above. 4. The City Clerk is hereby directed to provide a copy of
this Resolution within seven days after adoption by United States Certified Mail to the Chief Administrative Officer of Pinellas County, the Chief Administrative Officer of each other
invited municipality as set forth in Exhibit A, and the Chief Administrative Officer of each notified independent special district, as set forth in Exhibit C. 5. This Resolution shall
take effect immediately upon adoption. PASSED AND ADOPTED this _______ day of _____________, 2012. ____________________________ Frank V. Hibbard Mayor Approved as to form: Attest: ___________________
_______ _____________________________ Leslie K. Dougall-Sides Rosemarie Call Assistant City Attorney City Clerk Attachment number 1 \nPage 2 Item # 6
Attachment number 2 \nPage 1 Item # 6
Attachment number 2 \nPage 2 Item # 6
Attachment number 2 \nPage 3 Item # 6
Item # 6
Work Session Council Chambers -City Hall Meeting Date:1/30/2012 SUBJECT /RECOMMENDATION: Appoint one member to the Municipal Code Enforcement Board to fill the remainder of an unexpired
term until October 31, 2014. SUMMARY: APPOINTMENT WORKSHEET BOARD: Municipal Code Enforcement Board TERM: 3 years APPOINTED BY: City Council FINANCIAL DISCLOSURE: Required RESIDENCY
REQUIREMENT: City of Clearwater SPECIAL QUALIFICATIONS: Whenever possible, this Board shall include an architect, engineer, businessperson, general contractor, sub-contractor & a realtor
MEMBERS: 7 CHAIRPERSON: Michael Boutzoukas MEETING DATES: 4th Wed., 1:30 p.m. Nov. and Dec. -TBA APPOINTMENTS NEEDED: 1 THE FOLLOWING ADVISORY BOARD MEMBER HAS RESIGNED AND NOW REQUIRES
REPLACEMENT BY A NEW APPOINTEE: 1. Donald van Weezel – 1290 Gulf Blvd., #1408, 33767 – Consultant/BA Economics & Business Original Appointment: 3/4/10 (1st term to expire 10/31/14) Resigned
– (Appointed to CDB at 12/14/11 council meeting) THE FOLLOWING NAMES ARE BEING SUBMITTED FOR CONSIDERATION TO FILL THE ABOVE VACANCY: 1. Nino Accetta – 2724 Via Murano Unit 626, 33764
– Business owner/Banking 2. Wayne Carothers – 1475 Excaliber Dr., 33764 – Pres. Carr A/C & Htg. Inc./Sales Service Inst. 3. John Giotis – 851 Bayway Blvd., Yatch House, Unit 103, 33767
– Headmaster/School of the Immaculata 4. Robert Luna – 774 Snug Island, Island Estates, 33767 – Commercial Equipment & Real Estate Funding 5. Herb Quintero – 515 Windward Passage, 33767
– Contractor Zip codes of current members: 2 at 33755; 2 at 33759; 2 at 33767 Current Categories: 1 Attorney 1 Clearwater Beach Chamber of Commerce 1 Ins. Claims Adjuster 1 Retired/BA
Inst. Court Management 1 Retired/BA Political Science 1 Retail Review Approval: 1) Office of Management and Budget 2) Legal 3) Clerk 4) Assistant City Manager 5) City Manager 6) Clerk
Cover Memo Item # 7
CITY OF CLEARWATER -APPLICATION FOR ADVISORY BOARDS Name: Nino Accetta Home Address: Office Address: 2724 Via Murano ( 626 ) Clear Water FL, 2245 Nursery RD Clearwater FL Zip (33764)
Zip( 33764) Telephone(646)-643-4973 Telephone: (646)-643-4973 Cell Phone: (646)-643-4973 E-mail Address: nacc1098gmail.com How long a resident of Clearwater? 3 years Occupation: Business
Owner/Banking Employer: CITIGROUP Field of Education: Other Work Experience: Aeronautical Engineering Owned businesses If retired, former occupation: Community Activities: Vice Chairman
of COA Community Development District , Chair United Way Campaign for CitiGroup, Volunteer for St. Cecelia intramural sports program. Volunteer for Light of Christ charity events. Other
Interests: Golf, Autocross racing, Sports Board Service (current and past): Board Preference: Municipal Code Enforcement Board Vice Chairman of Community Development District (CDD) Additional
Comments: Signed: Nino A.. -1 Date: 07-01-11 See attached list for boards that require financial disclosure at time of appointment. Please return this application and board questionnaire
to the Official Records & Legislative Services Department, P. O. Box 4748, Clearwater, FL 33758-4748, or drop off your application at City Hall, 2nd Floor, 112 S. Osceola Avenue. Note:
For boards requiring Clearwater residency, this application must be accompanied by a copy of one of the following: Current voter registration within city limits Valid current Florida
Drivers' License issued to an address within city limits Declaration of Domicile filed with the city clerk affirming residency within ci limits CER/FD BOARD QUESTIONNAIRE JUL 0 6 2011
O:• IClAL RECORDS AND LEGISLATIVE S: tiCS DEPT Attachment number 1 \nPage 1 Item # 7
1. What is your understanding of the board' s duties and responsibilities? Having Opened Businesses in Clearwater and volunteer for Community Development District, I am very familiar
with Municipal Code Enforcement Board' s duties . They are responsible for assuring codes and policy are strictly adhered to as stated in the Municipal Code Enforcement guidelines. I
also understand an important part of the boards responsibility is to have a neutral stance and a good understanding of the impact each violation of the set codes could as well as implications
for not following them. 2. Have you ever observed a board meeting either in person or on C-View, the City' s TV station? No I have not but would like to. 3. What background and/or qualifications
do you have that you feel would qualify you to serve on this Board? I have over 15 years of business experience in Corporate America with experience developing many sets of rules and
standard of conduct processes, as well as over 10 years of being an entrepreneur having to follow and adhere to many sets of rules and codes of conduct. I also have an engineering back
round that will help when reviewing technical drawings or understanding design schematics. 4. Why do you want to serve on this Board? I would like to volunteer my time and experience
to make a positive difference if possible in the community I live and am raising my family in. I also have a lot of experience and knowledge I would be happy to volunteer. Name: Nino
Accetta Board Name: Municipal Code Enforcement Board Attachment number 1 \nPage 2 of Item # 7
CITY OF CLEARWATER -APPLICATION FOR ADVISORY BOARDS Name: 4I/. y ' i, C NOV 0 2011 Home Address: Office Address: 1 75 X C i e iD-e 6/9 025Sai-fe r .. 41/C 9, e i-i,.;91.7 .-Z" _ zip337
Y 1 J'1' 4 Zip'7)375L, Telephone: a7 -6 024 " 9 ®b Telephone: ` 7 7 4--' 7--'7,` g/-Cell Phone: 7 ' /30 --/`&2 (0 E-mail Address: C*9let) 77lec.(" /a) How long a resident of Clearwater?
49 ) Occupation: 7xes 4 1--td 7 -Employer:CAee /-t :,--,.'-": 71-)c--Field of Education: Other Work Experience: 69a G"`, 9ti.2:::> .ems 7,1-&, .-<, 4,4' i . /. ti jz4. If retired, former
occupation: Qommunity Activities: /Oyu /7, n&. e--(1 f 74,/./. 17Z .4-cArk/1-.1 V /0 ( P-''‘) 1 "---'<--C f70-44.621L /-ne:_A-.-=/Z-6,-x-.._ a oio Other Interests: P% Z4 5 6, 5 4 1,/)
7 if69.4i L6. TEO47 pi"7-.t-./Board Service (current and past): Board Preference: v' v cam, e N7 r'/11,441.Ati 61-1 j 12'.-9-/,' cel-, Additional Comments: ---z --L'' ' ---i1/" 9'' C
5//LESS zv 1 Signature: ki,tr-i"f-e i Ir. Date: l • /See attached list for boards that require financial disclosure at time of appointment. Please return this application and board questionnaire
to the Official Records & Legislative Services Department, P. O. Box 4748, Clearwater, FL 33758-4748, or drop off your application at City Hall, 2nd Floor, 112 S. Osceola Avenue. Note:
For boards requiring Clearwater residency, this application must be accompanied by a copy of one of the following: Current voter registration within city limits Valid current Florida
Drivers' License issued to an address within city limits Declaration of Domicile filed with the city clerk affirming residency within city limits Attachment number 2 \nPage 1 Item #
7
BOARD QUESTIONNAIRE 1. What is your understanding of the board' s duties and responsibilities? 1 2. Have you ever observed a board meeting either in person or on C-View, the City's TV
station? 3. What background and/or qualifications do you have that you feel would qualify you to serve on this Board? e1, 1 t 1671 a-4=X 74z c:%? 470U r.0 tic 3c97'/ff' 4. Why do you
want to serve on this Board? 7-3 q/-437M-rk 7?-Ov4 rte' ie Name: Board Name: Attachment number 2 \nPage 2 Item # 7
01/09/12 01: 39PM IMMACULATA 7273211512 p. 02 CITY OF CLEARWATER -APPLICATION FOR ADVISORY BOARDS RE Name:John Giotis JAN 09 2012 Home Address: Office Address: 851 Bayway Blvd Yacht
House-Unit 103 L .:. . r. d'ra , Clearwater beach, Fl Zip33767 Zip Telephone: Telephone: Cell Phone:908-642-9958 E-mail Address: How long a resident of Clearwater? For the last 4 years
( issued Florida drivers license on 1/6/12) Occupation: Headmaster Employer:School of the Immaculata Field of Education: Other Work Experience: If retired, former occupation: Community
Activities: Serve on Community Advisory Board for Pinellas County Schools, the St. Petersburg Sports Alliance, the Pinellas County Schools Educational Facilities Authority Other Interests:
Board Service (current and past): Board Preference: MC 13 Additional Comments: Signature:John Giotis Date: 1/9/12 See attached list for boards that require financial disclosure at time
of appointment. Please return this application and board questionnaire to the Official Records & Legislative Services Department, P. O. Box 4748, Clearwater, FL 33758-4748, or drop off
your application at City Hall, 2nd Floor, 112 S. Osceola Avenue. Note: For boards requiring Clearwater residency, this application must be accompanied by a copy of one of the following:
Current voter registration within city limits Attachment number 3 \nPage 1 of Item # 7
01/09/12 01: 39PM IMMACULATA 7273211512 p. 03 Valid current Florida Drivers' License issued to an address within city limits Declaration of Domicile filed with the city clerk affirming
residency within city limits Attachment number 3 \nPage 2 of Item # 7
01/09112 01: 39PM IMMACULATA 7273211512 p. 04 BOARD QUESTIONNAIRE 1. What is your understanding of the board' s duties and responsibilities? To enforce city codes and ordinances. 2.
Have you ever observed a board meeting either in person or on C-View, the City's TV station? Yes 3. What background and/or qualifications do you have that you feel would qualify you
to serve on this Board? My extensive experience living in Clearwater and working in Pinellas County gives me an understanding of the needs that citizens and businesses need. 4. Why do
you want to serve on this Board? I want to serve the city of Clearwater and make it a better place to live for all of its residents. Name: John Giotis Attachment number 3 \nPage 3 of
Item # 7
01/09/12 01: 39PM IMMACULATA 7273211512 p. 05 Board Name: n; cipt. C e• C.-f p rGQ 80•Yc:‘ Attachment number 3 \nPage 4 Item # 7
01/09/12 01: 39PM IMMACULATA 7273211512 p. 01 1 f * i The School of the Immaculata Milts Tubs 1mmacufaia Fax Cover Sheet 4265 13th Avenue North The John Paul II Center St. Petersburg,
FL 33713 727) 321-8890 Phone 727)954-8886 Fax Page ! of TO: 1_". Ca> „ S'S-,,. FAX NUMBER: FROM: y -...... C " mss . DATE: VAti $ .. NOTES Attachment number 3 \nPage 5 of Item # 7
ooad.c 77r F., ., Aux. tune 8tahtt" . 1` e DRIVER LICENSE CLASS E G320-4SO-71-245-0 GIOT1S IS4 BAYWAY SVD YACHT HOUSE 103 CLEARWATER' BEACH, FL 33767 bob 67 t 97t 20122' 2020 -bpetafkm
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WI) CITY OF CLE A RWA R -APPLICATION FOR ADVISORY BO' . 1 , fi lsUE u -? JAN 0 9 2012 Name: Home Address: Office Address: L GMATra SVGS DEPT 2V-S/ti s c 19. 4/40 /S(_ ,t-,) ' y O//T
6r/rniz /t/4-TFr , 63c/-I Zip`-967 Zip JG Telephone: /7 r /— c 5 Telephone: Cell Phone: 0,71`? 6 E-mail Address: How long a resident of Clearwater? V'et-Occupation:dONME/2C.( c v Employer:
I/mil eici/'//4 OR z7,6--e-Reirc L-572t7F ro,c/D/rL6 Field of Education: Other Work Experience: Z2-C ox--<:-Z. i y If retired, former occupation: Community Activities: -Other Interests:
Board Service (current and past): B• ard Preference: 2/0/e,-A.4.9-O,4"/4 C-P /fRCF I/fcc6prFD 11i95o4-s S E. r /,C-44 7c-7.' (6 f00I-7N'7/( Sr-f Additional Comments: Signature: ' 4 /Date:
o oo. See attached list for boards that require financial disclosure at time of appointment. Please return this application and board questionnaire to the Official Records & Legislative
Services Department, P. O. Box 4748, Clearwater, FL 33758-4748, or drop off your application at City Hall, 2nd Floor, 112 S. Osceola Avenue. Note: For boards requiring Clearwater residency,
this application must be accompanied by a copy of one of the following: Current voter registration within city limits Valid current Florida Drivers' License issued to an address within
city limits Declaration of Domicile filed with the city clerk affirming residency within city limits Attachment number 4 \nPage 1 Item # 7
BOARD QUESTIONNAIRE 1. What is your understanding of the board' s duties and responsibilities? Pr" ....... Lati-I ,, G----" ' ' ir ':_.., G4W-/t-( 74 L 27-‹ d 2 2. Have you ever observed
a board meeting either in person or on C-View, the City's TV station? 5-_ y2(_-_L,' -,----_ , j-C, 3. What background and/or qualifications do you have that you feel would qualify you
to serve on this Board? vE e'er 7 o,,,(' x cy-_. 4 C-d-Oy 0-e--d--eL-6 )-if 6,---P--l--, O z je _ I_ _ __ 4. Why do you want to serve on this Board? X ,4 /.— ta/a-7 2/_' /-(-a' 0 -QUA
4 1-6-e--(. Name: elliP 00> 6°,0 Board Name: A/C C3 Attachment number 4 \nPage 2 Item # 7
RECEIVED NOV 082010 OFFICi,F. CITY OF CLEARWATER -APPLICATION FOR ADVISORYO, ,}, P ¢ ECORDS is SRVCS DEPT must be Clearwater resident) Home Address: Office Address: kssA. c, Zip A Zip
`s7s Telephone: 5 ? .-S4 FS l Telephone: ' 1 7 -lF `-p 2 How long a resident of Clearwater? c y Occupation: ( f-,, Q --Employer: 4 14'f-4 r 6rv\ Try, Field of Education: Other Work Experience:
` If retired, former occupati n: Community Activities: CA yea jiD(t) 13 Qe'N Other Interests: Board Service (current and past): Board Preference: d2DOG /Xi 'riczME:v Additional Comments:
Signed: SEK,41gr. .: Date: 0/(0 See attache• list for boards that require financial disclosure at time of appointment. Please return this application and board questionnaire to the Official
Records & Legislative Services Department, P. O. Box 4748, Clearwater, FL 33758-4748, or drop off your application at City Hall, 2nd Floor, 112 S. Osceola Avenue. Attachment number 5
\nPage 1 of Item # 7
BOARD QUESTIONNAIRE 1. What is your understanding of the board' s duties and responsibilities? y L•c,10C ) 0.16-A-.C---4:-. Ns . cA11,.s.J, C1/4c S' rjC £ eC rs' N > r 2. Have you ever
observed a board meeting either in person or on C-View, the City' s TV station? CS .7i.D-1-1\ 3. What background and/or qualifications do you have that you feel would qualify you to
serve on this Board? I rS ; r*L s4n o,v s OuSA-47 A i--0e Gee 1 Cekskivt e-Li A do A e x-. '<< 0 ale eh few, tA w r dd-4. Why do you want to serve on this Board? ff b rse:-M 1 1-ti,
1 J Y Name:C7116.42-J & i1 s\ LCD Board Name:K.310 e C:" Attachment number 5 \nPage 2 of Item # 7
Work Session Council Chambers -City Hall Meeting Date:1/30/2012 SUBJECT /RECOMMENDATION: Adopt Ordinance 8294-12 on second reading, amending the future land use plan element of the Comprehensive
Plan of the city to change the land use designation for certain real property whose post office address is 2750 and 2754 Sunset Point Road from Institutional (I) to Industrial Limited
(IL). SUMMARY: Review Approval: Cover Memo Item # 8
Ordinance No. 8294-12 ORDINANCE NO. 8294-12 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 NORTH SIDE OF SUNSET POINT ROAD APPROXIMATELY 477 FEET WEST OF SOULE ROAD, CONSISTING OF A PART OF LOT 1 AND LOT 2,
THE ELKS SUBDIVISION, WHOSE POST OFFICE ADDRESS IS 2750 AND 2754 SUNSET POINT ROAD, FROM INSTITUTIONAL (I), TO INDUSTRIAL LIMITED (IL); 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 Land Use Category See Exhibit “A” From: Institutional
(I) To: Industrial Limited (IL) (LUP2011-09003) The map attached as Exhibit “B” is hereby incorporated by reference. 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 Attachment number 1 \nPage 1 Item # 8
Ordinance No. 8294-12 ___________________________ Frank V. Hibbard Mayor Approved as to form: Attest: ____________________________ ___________________________ Leslie K. Dougall-Sides
Rosemarie Call Assistant City Attorney City Clerk Attachment number 1 \nPage 2 Item # 8
Attachment number 2 \nPage 1 Item # 8
Attachment number 2 \nPage 2 Item # 8
Attachment number 3 \nPage 1 Item # 8
Work Session Council Chambers -City Hall Meeting Date:1/30/2012 SUBJECT /RECOMMENDATION: Adopt Ordinance 8295-12 on second reading, amending the Zoning Atlas of the city by rezoning
certain real property whose post office address is 2750 and 2754 Sunset Point Road, from Institutional (I) to Industrial, Research and Technology (IRT). SUMMARY: Review Approval: Cover
Memo Item # 9
Ordinance No. 8295-12 ORDINANCE NO. 8295-12 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY REZONING CERTAIN PROPERTY LOCATED ON THE NORTH SIDE
OF SUNSET POINT ROAD APPROXIMATELY 477 FEET WEST OF SOULE ROAD, CONSISTING OF A PART OF LOT 1 AND LOT 2, THE ELKS SUBDIVISION, WHOSE POST OFFICE ADDRESS IS 2750 AND 2754 SUNSET POINT
ROAD, FROM INSTITUTIONAL (I) TO INDUSTRIAL, RESEARCH AND TECHNOLOGY (IRT); 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 Zoning District See attached
legal description From: Institutional (I) (REZ2011-09006) To: Industrial, Research and Technology (IRT) 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
8294-11 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: Attest: ______________________________
___________________________________ Leslie K. Dougall-Sides Rosemarie Call Assistant City Attorney City Clerk Attachment number 1 \nPage 1 Item # 9
Attachment number 2 \nPage 1 Item # 9
Attachment number 2 \nPage 2 Item # 9
Attachment number 3 \nPage 1 Item # 9
Work Session Council Chambers -City Hall Meeting Date:1/30/2012 SUBJECT /RECOMMENDATION: Adopt Ordinance 8303-12 on second reading, annexing certain real property whose post office addresses
are 1848, 1854 and 1855 Diane Drive; 1716 and 1745 Evans Drive; 1725, 1729, 1734, 1737, and 1740 Grove Drive; 1752 and 1759 Lucas Drive; 1807 and 1843 Marilyn Drive; 1808, 1836, and
1845 Skyland Drive; 2826 State Road 590; 2734 and 2747 Terrace Drive; 1745 and 1748 Thomas Drive, together with all Right of Way of Marilyn Drive abutting Lots 1 and 7, Block H; all
Right of Way of Skyland Drive abutting the South 60 feet of Lot 10, Block H and abutting Lot 2 Block I; all Right of Way of Diane Drive abutting Lot 19, Block I through Lot 2, Block
J, in Carlton Terrace First Addition Subdivision; all Right of Way of Grove Drive abutting Lots 9 and 11, Block 4, in Virginia Grove Terrace First Addition Subdivision; All Right of
Way of Thomas Drive abutting Lot 19, Block 4, in Virginia Grove Terrace Second Addition Subdivision; all Right of Way of Lucas Drive abutting Lot 17, Block 5 and abutting Lot 13, Block
6, all Right of Way of Terrace Drive abutting Lot 11, Block 3 in Virginia Grove Terrace Third Addition Subdivision; all Right of Way of Evans Drive abutting Lot 19 Block 6 in Virginia
Grove Terrace Fourth Addition, into the corporate limits of the city and redefining the boundary lines of the city to include said addition. SUMMARY: Review Approval: Cover Memo Item
# 10
Ordinance No. 8303-12 ORDINANCE NO. 8303-12 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTY LOCATED GENERALLY EAST OF US HIGHWAY 19, NORTH OF SR 590,
AND SOUTH OF SUNSET POINT ROAD CONSISTING OF A PORTION OF SECTION 5, TOWNSHIP 29 SOUTH, RANGE 16 EAST, WHOSE POST OFFICE ADDRESSES ARE 1848, 1854 AND 1855 DIANE DRIVE, 1716 AND 1745
EVANS DRIVE, 1725, 1729, 1734, 1737 AND 1740 GROVE DRIVE, 1752 AND 1759 LUCAS DRIVE, 1807 AND 1843 MARILYN DRIVE, 1808, 1836 AND 1845 SKYLAND DRIVE, 2826 STATE ROAD 590, 2734 AND 2747
TERRACE DRIVE, 1745 AND 1748 THOMAS DRIVE, TOGETHER WITH ALL RIGHT OF WAY OF MARILYN DRIVE ABUTTING LOTS 1 AND 7, BLOCK H, ALL RIGHT OF WAY OF SKYLAND DRIVE ABUTTING SOUTH 60 FEET OF
LOT 10, BLOCK H, AND ABUTTING LOT 2, BLOCK I, ALL RIGHT OF WAY OF DIANE DRIVE ABUTTING LOT 19, BLOCK I THROUGH LOT 2, BLOCK J, IN CARLTON TERRACE FIRST ADDITION SUBDIVISON; ALL RIGHT
OF WAY OF GROVE DRIVE ABUTTING LOTS 9 AND 11, BLOCK 4, IN VIRGINIA GROVE TERRACE FIRST ADDITION SUBDIVISION; ALL RIGHT OF WAY OF THOMAS DRIVE ABUTTING LOT 19, BLOCK 4, IN VIRGINIA GROVE
TERRACE SECOND ADDITION SUBDIVISION; ALL RIGHT OF WAY OF LUCAS DRIVE ABUTTING LOT 17, BLOCK 5 AND ABUTTING LOT 13, BLOCK 6, ALL RIGHT OF WAY OF TERRACE DRIVE ABUTTING LOT 11, BLOCK 3
IN VIRGINIA GROVE TERRACE THIRD ADDITION SUBDIVISION; ALL RIGHT OF WAY OF EVANS DRIVE ABUTTING LOT 19, BLOCK 6 IN VIRGINIA GROVE TERRACE FOURTH ADDITION SUBDIVISION 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 owners of the real property described herein and
depicted on the map attached hereto as Exhibit B have 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: Attachment number 1 \nPage 1 Item
# 10
Ordinance No. 8303-12 See legal description attached hereto as Exhibit A. (ATA2011-08003) The map or maps attached as Exhibit B are hereby incorporated by reference. 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, contingent
upon and subject to the adoption of Ordinance No. 8303-12. The City Clerk shall file certified copies of this ordinance, including the map attached hereto, with the Clerk of the Circuit
Court and with the County Administrator of Pinellas County, Florida, within 7 days after adoption, and shall file a certified copy with the Florida Department of State within 30 days
after adoption. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED ________________________________ Frank V. Hibbard Mayor Approved as to form: Attest: ___________________________
_______________________________ Leslie K. Dougall-Sides Rosemarie Call Assistant City Attorney City Clerk Attachment number 1 \nPage 2 Item # 10
Attachment number 2 \nPage 1 Item # 10
Attachment number 2 \nPage 2 Item # 10
Attachment number 3 \nPage 1 Item # 10
Work Session Council Chambers -City Hall Meeting Date:1/30/2012 SUBJECT /RECOMMENDATION: Adopt Ordinance 8304-12 on second reading, amending the future land use plan element of the Comprehensive
Plan of the city to designate the land use for certain real property whose post office addresses are 1848, 1854 and 1855 Diane Drive; 1716 and 1745 Evans Drive; 1725, 1729, 1734, 1737,
and 1740 Grove Drive; 1752 and 1759 Lucas Drive; 1807 and 1843 Marilyn Drive; 1808, 1836, and 1845 Skyland Drive; 2826 State Road 590; 2734 and 2747 Terrace Drive; 1745 and 1748 Thomas
Drive, together with all Right of Way of Marilyn Drive abutting Lots 1 and 7, Block H; all Right of Way of Skyland Drive abutting the South 60 feet of Lot 10, Block H and abutting Lot
2 Block I; all Right of Way of Diane Drive abutting Lot 19, Block I through Lot 2, Block J, in Carlton Terrace First Addition Subdivision; all Right of Way of Grove Drive abutting Lots
9 and 11, Block 4, in Virginia Grove Terrace First Addition Subdivision; All Right of Way of Thomas Drive abutting Lot 19, Block 4, in Virginia Grove Terrace Second Addition Subdivision;
all Right of Way of Lucas Drive abutting Lot 17, Block 5 and abutting Lot 13, Block 6, all Right of Way of Terrace Drive abutting Lot 11, Block 3 in Virginia Grove Terrace Third Addition
Subdivision; all Right of Way of Evans Drive abutting Lot 19 Block 6 in Virginia Grove Terrace Fourth Addition, upon annexation into the City of Clearwater, as Residential Low (RL),
Preservation (P), and Drainage Feature Overlay. SUMMARY: Review Approval: Cover Memo Item # 11
Ordinance No. 8304-12 ORDINANCE NO. 8304-12 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 GENERALLY EAST OF US HIGHWAY 19, NORTH OF SR 590, AND SOUTH OF SUNSET POINT ROAD CONSISTING OF A PORTION OF SECTION 5, TOWNSHIP 29 SOUTH,
RANGE 16 EAST, WHOSE POST OFFICE ADDRESSES ARE 1848, 1854 AND 1855 DIANE DRIVE, 1716 AND 1745 EVANS DRIVE, 1725, 1729, 1734, 1737 AND 1740 GROVE DRIVE, 1752 AND 1759 LUCAS DRIVE, 1807
AND 1843 MARILYN DRIVE, 1808, 1836 AND 1845 SKYLAND DRIVE, 2826 STATE ROAD 590, 2734 AND 2747 TERRACE DRIVE, 1745 AND 1748 THOMAS DRIVE, TOGETHER WITH ALL RIGHT OF WAY OF MARILYN DRIVE
ABUTTING LOTS 1 AND 7, BLOCK H, ALL RIGHT OF WAY OF SKYLAND DRIVE ABUTTING SOUTH 60 FEET OF LOT 10, BLOCK H, AND ABUTTING LOT 2, BLOCK I, ALL RIGHT OF WAY OF DIANE DRIVE ABUTTING LOT
19, BLOCK I THROUGH LOT 2, BLOCK J, IN CARLTON TERRACE FIRST ADDITION SUBDIVISON; ALL RIGHT OF WAY OF GROVE DRIVE ABUTTING LOTS 9 AND 11, BLOCK 4, IN VIRGINIA GROVE TERRACE FIRST ADDITION
SUBDIVISION; ALL RIGHT OF WAY OF THOMAS DRIVE ABUTTING LOT 19, BLOCK 4, IN VIRGINIA GROVE TERRACE SECOND ADDITION SUBDIVISION; ALL RIGHT OF WAY OF LUCAS DRIVE ABUTTING LOT 17, BLOCK
5 AND ABUTTING LOT 13, BLOCK 6, ALL RIGHT OF WAY OF TERRACE DRIVE ABUTTING LOT 11, BLOCK 3 IN VIRGINIA GROVE TERRACE THIRD ADDITION SUBDIVISION; ALL RIGHT OF WAY OF EVANS DRIVE ABUTTING
LOT 19, BLOCK 6 IN VIRGINIA GROVE TERRACE FOURTH ADDITION SUBDIVISION, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS RESIDENTIAL LOW (RL), PRESERVATION (P), AND DRAINAGE FEATURE OVERLAY;
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 See attached legal description, Exhibit “A” Residential Low (RL) (ATA2011-08003) Preservation (P) Drainage Feature Overlay
Attachment number 1 \nPage 1 Item # 11
Ordinance No. 8304-12 The map or maps attached as Exhibit B is hereby incorporated by reference. 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. 8303 -12. PASSED ON
FIRST READING _____________________ PASSED ON SECOND AND FINAL _____________________ READING AND ADOPTED __________________________ Frank V. Hibbard Mayor Approved as to form: Attest:
__________________________ __________________________ Leslie K. Dougall-Sides Rosemarie Call Assistant City Attorney City Clerk Attachment number 1 \nPage 2 Item # 11
Ordinance No. 8304-12 ORDINANCE NO. 8304-12 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 GENERALLY EAST OF US HIGHWAY 19, NORTH OF SR 590, AND SOUTH OF SUNSET POINT ROAD CONSISTING OF A PORTION OF SECTION 5, TOWNSHIP 29 SOUTH,
RANGE 16 EAST, WHOSE POST OFFICE ADDRESSES ARE 1848, 1854 AND 1855 DIANE DRIVE, 1716 AND 1745 EVANS DRIVE, 1725, 1729, 1734, 1737 AND 1740 GROVE DRIVE, 1752 AND 1759 LUCAS DRIVE, 1807
AND 1843 MARILYN DRIVE, 1808, 1836 AND 1845 SKYLAND DRIVE, 2826 STATE ROAD 590, 2734 AND 2747 TERRACE DRIVE, 1745 AND 1748 THOMAS DRIVE, TOGETHER WITH ALL RIGHT OF WAY OF MARILYN DRIVE
ABUTTING LOTS 1 AND 7, BLOCK H, ALL RIGHT OF WAY OF SKYLAND DRIVE ABUTTING SOUTH 60 FEET OF LOT 10, BLOCK H, AND ABUTTING LOT 2, BLOCK I, ALL RIGHT OF WAY OF DIANE DRIVE ABUTTING LOT
19, BLOCK I THROUGH LOT 2, BLOCK J, IN CARLTON TERRACE FIRST ADDITION SUBDIVISON; ALL RIGHT OF WAY OF GROVE DRIVE ABUTTING LOTS 9 AND 11, BLOCK 4, IN VIRGINIA GROVE TERRACE FIRST ADDITION
SUBDIVISION; ALL RIGHT OF WAY OF THOMAS DRIVE ABUTTING LOT 19, BLOCK 4, IN VIRGINIA GROVE TERRACE SECOND ADDITION SUBDIVISION; ALL RIGHT OF WAY OF LUCAS DRIVE ABUTTING LOT 17, BLOCK
5 AND ABUTTING LOT 13, BLOCK 6, ALL RIGHT OF WAY OF TERRACE DRIVE ABUTTING LOT 11, BLOCK 3 IN VIRGINIA GROVE TERRACE THIRD ADDITION SUBDIVISION; ALL RIGHT OF WAY OF EVANS DRIVE ABUTTING
LOT 19, BLOCK 6 IN VIRGINIA GROVE TERRACE FOURTH ADDITION SUBDIVISION, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS RESIDENTIAL LOW (RL), PRESERVATION (P), AND DRAINAGE FEATURE OVERLAY;
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 See attached legal description, Exhibit “A” Residential Low (RL) (ATA2011-08003) Preservation (P) Drainage Feature Overlay
Attachment number 2 \nPage 1 Item # 11
Ordinance No. 8304-12 The map or maps attached as Exhibit B is hereby incorporated by reference. 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. 8303 -12. PASSED ON
FIRST READING _____________________ PASSED ON SECOND AND FINAL _____________________ READING AND ADOPTED __________________________ Frank V. Hibbard Mayor Approved as to form: Attest:
__________________________ __________________________ Leslie K. Dougall-Sides Rosemarie Call Assistant City Attorney City Clerk Attachment number 2 \nPage 2 Item # 11
FUTURE LAND USE Owner MULTIPLE OWNERS Case: ATA2011-08003 Site: DIANE AREA PHASE D: Multiple lots south of Sunset Point Road, east of US 19 and north of SR 590 (see next page) Property
Size (Acres): Rights-of-way (Acres): 22 PARCELS @4.27 acres + 1.366 acres ROW Land Use Zoning PIN: Parcels—see next From: page To: RL, P (County) R-3 (County) RL, P, Drainage Feature
LMDR, P (City) Overlay (City) Atlas Page: 264A 1716 1745 1752 1748 1759 2747 1745 1740 1737 1734 1729 1725 2826 18071808 1836 1843 18451854 1848 1855 2734 P* P* RL I RL RL RL RL RL RL
RL RU RU RL RL RL RL RL RL RL RL RU RL RU RURU RU RL RL RL RL RL RM RL P P RL RM R/OL RU RU RL RL RU RU RU RU RU RU P WATER SR 59 0 LUCAS DR GROVE DR THOMAS DR SOUTH DR EL TRINDAD DR
E -Not to Scale--Not a Survey-*Parcels at 2734 Terrace Dr. and 1716 Evans Dr. will have “P” (Preservation) and Drainage Feature Overlay classifications in the rear of the properties.
Attachment number 3 \nPage 1 Item # 11
Work Session Council Chambers -City Hall Meeting Date:1/30/2012 SUBJECT /RECOMMENDATION: Adopt Ordinance 8305-12 on second reading, amending the Zoning Atlas of the city by zoning certain
real property whose post office addresses are 1848, 1854 and 1855 Diane Drive; 1716 and 1745 Evans Drive; 1725, 1729, 1734, 1737, and 1740 Grove Drive; 1752 and 1759 Lucas Drive; 1807
and 1843 Marilyn Drive; 1808, 1836, and 1845 Skyland Drive; 2826 State Road 590; 2734 and 2747 Terrace Drive; 1745 and 1748 Thomas Drive, together with all Right of Way of Marilyn Drive
abutting Lots 1 and 7, Block H; all Right of Way of Skyland Drive abutting the South 60 feet of Lot 10, Block H and abutting Lot 2 Block I; all Right of Way of Diane Drive abutting Lot
19, Block I through Lot 2, Block J, in Carlton Terrace First Addition Subdivision; all Right of Way of Grove Drive abutting Lots 9 and 11, Block 4, in Virginia Grove Terrace First Addition
Subdivision; All Right of Way of Thomas Drive abutting Lot 19, Block 4, in Virginia Grove Terrace Second Addition Subdivision; all Right of Way of Lucas Drive abutting Lot 17, Block
5 and abutting Lot 13, Block 6, all Right of Way of Terrace Drive abutting Lot 11, Block 3 in Virginia Grove Terrace Third Addition Subdivision; all Right of Way of Evans Drive abutting
Lot 19 Block 6 in Virginia Grove Terrace Fourth Addition, upon annexation into the City of Clearwater, as Low Medium Density Residential (LMDR) and Preservation (P). SUMMARY: Review
Approval: Cover Memo Item # 12
Ordinance No. 8305-12 ORDINANCE NO. 8305-12 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY ZONING CERTAIN REAL PROPERTY LOCATED GENERALLY EAST
OF US HIGHWAY 19, NORTH OF SR 590, AND SOUTH OF SUNSET POINT ROAD CONSISTING OF A PORTION OF SECTION 5, TOWNSHIP 29 SOUTH, RANGE 16 EAST, WHOSE POST OFFICE ADDRESSES ARE 1848, 1854 AND
1855 DIANE DRIVE, 1716 AND 1745 EVANS DRIVE, 1725, 1729, 1734, 1737 AND 1740 GROVE DRIVE, 1752 AND 1759 LUCAS DRIVE, 1807 AND 1843 MARILYN DRIVE, 1808, 1836 AND 1845 SKYLAND DRIVE, 2826
STATE ROAD 590, 2734 AND 2747 TERRACE DRIVE, 1745 AND 1748 THOMAS DRIVE, TOGETHER WITH ALL RIGHT OF WAY OF MARILYN DRIVE ABUTTING LOTS 1 AND 7, BLOCK H, ALL RIGHT OF WAY OF SKYLAND DRIVE
ABUTTING SOUTH 60 FEET OF LOT 10, BLOCK H, AND ABUTTING LOT 2, BLOCK I, ALL RIGHT OF WAY OF DIANE DRIVE ABUTTING LOT 19, BLOCK I THROUGH LOT 2, BLOCK J, IN CARLTON TERRACE FIRST ADDITION
SUBDIVISON; ALL RIGHT OF WAY OF GROVE DRIVE ABUTTING LOTS 9 AND 11, BLOCK 4, IN VIRGINIA GROVE TERRACE FIRST ADDITION SUBDIVISION; ALL RIGHT OF WAY OF THOMAS DRIVE ABUTTING LOT 19, BLOCK
4, IN VIRGINIA GROVE TERRACE SECOND ADDITION SUBDIVISION; ALL RIGHT OF WAY OF LUCAS DRIVE ABUTTING LOT 17, BLOCK 5 AND ABUTTING LOT 13, BLOCK 6, ALL RIGHT OF WAY OF TERRACE DRIVE ABUTTING
LOT 11, BLOCK 3 IN VIRGINIA GROVE TERRACE THIRD ADDITION SUBDIVISION; ALL RIGHT OF WAY OF EVANS DRIVE ABUTTING LOT 19, BLOCK 6 IN VIRGINIA GROVE TERRACE FOURTH ADDITION SUBDIVISION,
UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS LOW MEDIUM DENSITY RESIDENTIAL (LMDR) AND PRESERVATION (P); 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: Attachment number 1 \nPage 1 Item # 12
Ordinance No. 8305-12 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 See attached legal description, Exhibit “A” Low Medium Density (ATA2011-08003) Residential (LMDR) Preservation
(P) The map attached as Exhibit B is hereby incorporated by reference. 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. 8303-12. PASSED ON FIRST READING _______________________
____ PASSED ON SECOND AND FINAL ___________________________ READING AND ADOPTED _______________________________ Frank V. Hibbard Mayor Approved as to form: Attest: __________________________
______________________________ Leslie K. Dougall-Sides Rosemarie Call Assistant City Attorney City Clerk Attachment number 1 \nPage 2 Item # 12
Attachment number 2 \nPage 1 Item # 12
Attachment number 2 \nPage 2 Item # 12
Attachment number 3 \nPage 1 Item # 12
Work Session Council Chambers -City Hall Meeting Date:1/30/2012 SUBJECT /RECOMMENDATION: Adopt Ordinance 8306-12 on second reading, amending the Community Development Code Article 3,
Development Standards, adopting Division 25, Sections 3-2501 through 3-2506 providing for food service establishments with a permit to allow patrons’ dogs on the premises in designated
outdoor seating areas; and amending Appendix A, Section VII, Land Development, to add a permit fee for dog-friendly restaurants and outdoor cafes. SUMMARY: Review Approval: Cover Memo
Item # 13
Ordinance No. 8306-12 ORDINANCE NO. 8306-12 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, MAKING AMENDMENTS TO THE COMMUNITY DEVELOPMENT CODE RELATING TO LAND USE; AMENDING ARTICLE
3, DEVELOPMENT STANDARDS; ADOPTING DIVISION 25, SECTIONS 3-2501 THROUGH 3-2506, PROVIDING FOR PUBLIC FOOD SERVICE ESTABLISHMENTS WITH A PERMIT TO ALLOW PATRONS’ DOGS ON THE PREMISES
IN DESIGNATED OUTDOOR SEATING AREAS, PROVIDING PURPOSE AND AUTHORITY, PROVIDING DEFINITIONS, PROVIDING FOR APPLICATION REQUIREMENTS, PROVIDING FOR REGULATIONS, PROVIDING FOR PERMIT EXPIRATION
AND REVOCATION, AND PROVIDING PROCEDURES FOR REPORTING AND RESOLVING COMPLAINTS AND FOR REPORTING INFORMATION TO THE STATE OF FLORIDA; AMENDING APPENDIX A, SECTION VIII, LAND DEVELOPMENT,
TO ADD A PERMIT FEE FOR DOG-FRIENDLY RESTAURANTS AND OUTDOOR CAFES; 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, said Code
provides requirements for restaurant and sidewalk cafe use; and WHEREAS, The Dixie Cup Clary Local Control Act, Florida Statutes Section 509.233, grants the City the authority to provide
exemptions to certain provisions of the Food and Drug Administration Food Code, as currently adopted, in order to allow patrons’ dogs within certain designated outdoor portions of public
food service establishments; and WHEREAS, it is desirable to allow patrons and their dogs to be present within certain designated outdoor portions of public food service establishments,
which have received permits; now therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. Article 3, Community Development Code, is amended to add
Division 25 to read as follows: Attachment number 1 \nPage 1 Item # 13
2 Ordinance No. 8306-12 DIVISION 25. DOG-FRIENDLY RESTAURANTS Section 3-2501. Purpose and Authority. The purpose of this division is to allow patrons’ dogs within certain designated
outdoor portions of public food service establishments, with permits, in a manner consistent with The Dixie Cup Clary Local Control Act, F.S. § 509.233. Said Act grants the City the
authority to provide exceptions from section 6-501.115, 2001 FDA Food Code, as adopted and incorporated by the Division of Hotels and Restaurants in Chapter 61C-4.010(6), as amended
from time to time, which prohibits the presence of live animals in public food establishments. Section 3-2502. Definitions. The term “public food service establishment” as used in this
division means a restaurant and/or outdoor café, as defined in Section 8-102, which is also licensed as such an establishment pursuant to Florida Statutes Chapter 509, Part I. The term
“employee” or “employees” as used in this division includes, but is not limited to, the owner or owners of a public food service establishment. The term “dog friendly restaurant or outdoor
cafe” as used in this land development code means a public food service establishment which has received a permit under this division. Section 3-2503. Application Requirements. Public
food service establishments must apply for and receive a permit from the City of Clearwater Community Development Coordinator or his/her designee, before patrons’ dogs are allowed on
the premises. A fee to cover the cost of processing the initial application and renewals shall be charged to the applicant applying for the permit in accordance with Appendix A, Section
VIII(1)(m) of this code. The application for a permit shall require such information from the applicant as is deemed reasonably necessary to enforce the provisions of this division,
but shall require, at a minimum, the following information: 1) The name, location, mailing address, and Florida Department of Business and Professional Regulation, Division of Hotels
and Restaurants-issued license number of the public food service establishment. 2) The name, mailing address, and telephone contact information of the permit applicant. 3) A diagram
and description of the outdoor area to be designated as available to patrons’ dogs, including: dimensions of the designated area; a depiction of the number and placement of tables, chairs,
and restaurant equipment, if any; the entryways and exits to the designated outdoor area; the boundaries of the designated area and of other areas of outdoor dining not available for
patrons’ dogs; any fences or other barriers; surrounding property lines and public Attachment number 1 \nPage 2 Item # 13
3 Ordinance No. 8306-12 rights-of-way, including sidewalks and common pathways; and such other information reasonably required by the permitting authority. The diagram or plan shall
be accurate and to scale but need not be prepared by a licensed design professional. 4) A description of the days of the week and hours of operation that patrons’ dogs will be permitted
in the designated outdoor area. Section 3-2504. Regulations. Public food service establishments that receive a permit to allow dogs in designated outdoor areas pursuant to this division
shall require that: 1) All public food service establishment employees shall wash their hands promptly after touching, petting, or otherwise handling dogs. Employees shall be prohibited
from touching, petting, or otherwise handling dogs while serving food or beverages or handling tableware or before entering other parts of the public service establishment. 2) Patrons
in a designated outdoor area shall be advised that they should wash their hands before eating. Water-less hand sanitizer shall be provided at all tables in the designated outdoor area.
3) Employees and patrons shall be instructed that they shall not allow dogs to come into contact with serving dishes, utensils, tableware, linens, paper products, or any other item involved
in food service operations. 4) Patrons shall keep their dogs on a leash at all times and shall keep their dogs under reasonable control. 5) Dogs shall not be allowed on chairs, tables,
or other furnishings. 6) All table and chair surfaces shall be cleaned and sanitized with an approved product between seating of patrons. Spilled food and drink shall be removed from
the floor or ground between seating of patrons. 7) Accidents involving dog waste shall be cleaned immediately and the area sanitized with an approved product. A kit with the appropriate
materials for this purpose shall be kept near the designated outdoor area. 8) A sign or signs reminding employees of the applicable rules shall be posted on premises in a conspicuous
manner and place frequented by employees within the public food service establishment. 9) A sign or signs reminding patrons of the applicable rules shall be posted on premises in a conspicuous
manner and placed within the designated outdoor portion of the public food service establishment. 10) A sign or signs placing the public on notice that the designated outdoor area is
currently available for the use of patrons and patrons’ dogs shall be posted in a conspicuous manner near the entrance to the designated outdoor portion of the public food service establishment.
11) Dogs shall not be permitted to travel through indoor or nondesignated outdoor portions of the public food service establishment, and ingress and egress to the designated outdoor
portions of the public food service establishment must Attachment number 1 \nPage 3 Item # 13
4 Ordinance No. 8306-12 not require entrance into or passage through any indoor area of the food establishment. Section 3-2505. Permit Expiration and Revocation. A. A permit issued pursuant
to this division shall not be transferred to a subsequent owner upon the sale of a public food service establishment but shall expire automatically upon the sale of the establishment.
The subsequent owner shall be required to reapply for a permit pursuant to this section if the subsequent owner wishes to continue to accommodate patrons’ dogs. B. Permits shall expire
on September 30 of each year. C. A permit may be revoked by the City Community Development Coordinator or his/her designee if, after notice and reasonable time in which the grounds for
revocation may be corrected, the public food establishment fails to comply with any condition of approval, fails to comply with the approved diagram, or is found to be in violation of
any provision of this division. D. If a public food service establishment’s permit is revoked, no new permit may be approved for the establishment until the expiration of one hundred
and eighty (180) days following the date of revocation. Section 3-2506. Complaints and Reporting. A. Complaints may be made in writing to the Community Development Coordinator. The Community
Development Coordinator or his/her designee shall accept, document, and respond to all written complaints and shall report to the Florida Department of Business and Professional Regulation,
Division of Hotels and Restaurants all complaints and the response to such complaints. B. The Community Development Coordinator or his/her designee shall provide the Florida Department
of Business and Professional Regulation, Division of Hotels and Restaurants with a copy of all approved applications and permits issued. C. All applications, permits and other related
materials shall contain the Florida Department of Business and Professional Regulation, Division of Hotels and Restaurants-issued license number for the public food service establishment.
Section 2. Appendix A, VIII Land Development, (1) Level One, Community Development Code, is hereby amended to add subsection (m), to read as follows: (m) Dog-friendly restaurant or outdoor
café permitKKKKKKKKKKKKKKKKKKKKKKKKK..K75.00. Section 3. Amendments to the Community Development Code of the City of Clearwater (as originally adopted by Ordinance No. 6348-99 and subsequently
amended) are hereby adopted to read as set forth in this Ordinance. Attachment number 1 \nPage 4 Item # 13
5 Ordinance No. 8306-12 Section 4. The City of Clearwater does hereby certify that the amendments contained herein, as well as the provisions of this Ordinance, are consistent with and
in conformance with the City’s Comprehensive Plan. Section 5. Should any part or provision of this Ordinance be declared by a court of competent jurisdiction to be invalid, the same
shall not affect the validity of the Ordinance as a whole, or any part thereof other than the part declared to be invalid. Section 6. Notice of the proposed enactment of this Ordinance
has been properly advertised in a newspaper of general circulation in accordance with applicable law. Section 7. This ordinance shall take effect immediately upon adoption. PASSED ON
FIRST READING _____________________ PASSED ON SECOND AND FINAL _____________________ READING AND ADOPTED ___________________________ Frank V. Hibbard Mayor Approved as to form: Attest:
__________________________ ____________________________ Leslie K. Dougall-Sides Rosemarie Call Assistant City Attorney City Clerk Attachment number 1 \nPage 5 Item # 13
Work Session Council Chambers -City Hall Meeting Date:1/30/2012 SUBJECT /RECOMMENDATION: Adopt Ordinance 8308-12 on second reading, amending Ordinance 7371-05 as amended by Ordinance
7598-06, 7948-08 and 8041-09, which vacated a portion of the 60–foot Right of Way of First Avenue, (A.K.A. First Street per field), subject to special conditions, amending the special
conditions. SUMMARY: Review Approval: Cover Memo Item # 14
Ordinance No. 8308-12 ORDINANCE NO. 8308-12 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING ORDINANCE NO. 7371-05 AS AMENDED BY ORDINANCE NO. 7598-06, 7948-08 AND 8041-09,
WHICH VACATED A PORTION OF THE 60-FOOT RIGHT-OF-WAY OF FIRST AVENUE, (A.K.A. FIRST STREET PER FIELD), SUBJECT TO SPECIAL CONDITIONS TO AMEND THE SPECIAL CONDITIONS; PROVIDING AN EFFECTIVE
DATE. WHEREAS, in Ordinance No. 7371-05, the City of Clearwater vacated the right-ofway depicted in Exhibit A attached hereto, subject to certain conditions; and WHEREAS, Ordinance No.
7371-05 was amended by Ordinance Nos. 7598-06, 7948-08 and 8041-09 to extend the date for commencement of vertical construction to March 3, 2008, March 3, 2010 and February 11, 2012
respectively; and WHEREAS, K & P Clearwater Estate, LLC, the “Developer,” has dedicated Second Street, traversing from Coronado Drive to Gulfview Boulevard effectively providing a substitute
for the vacated First Street; and WHEREAS, pursuant to the Developer’s request, the City Council finds that it is deemed to be in the best interest of the City and the general public
to eliminate certain conditions of the vacation; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. That Section 1 of Ordinance 8041-09
is hereby amended to read as follows: Vacate a portion of the 60-foot right-of-way of First Avenue, (A.K.A. First Street per field), the plat of Lloyd-White-Skinner Subdivision as recorded
in Plat Book 13, Page 12 of the public records of Pinellas County, Florida, more particularly described as: From the southwest corner of Lot 55, Lloyd-White-Skinner Subdivision, as recorded
in Plat Book 13, Page 12 of the Official Records of Pinellas County, Florida, run thence N05°32’30”E along the easterly right-of-way line of Gulf View Boulevard as shown on said plat
a distance of 335.00 feet to the Point of Beginning, said point also being the northwest corner of Lot 48 of said Lloyd White Skinner Subdivision, thence N05°32’30”E 60.00 feet to the
southwest corner of Lot 44, Lloyd-White-Skinner Subdivision; thence S84°27’30”E along the northerly right-of-way line of First Avenue, Lloyd-White-Skinner Subdivision a distance of 192.00
feet; thence S05°32’30”W along a line 18 feet west of and parallel with the westerly right-of-way line of Coronado Avenue as shown on the plat of Lloyd-White-Skinner Subdivision a distance
of 60.00 feet to the southerly Attachment number 1 \nPage 1 Item # 14
Ordinance No. 8308-12 right-of-way line of said First Avenue; thence N84°27’30”W along said southerly right-of-way line a distance of 192.00 feet to the Point of Beginning, subject to
the following conditions: 1) The project described within the Development agreement between the City of Clearwater and K and P Clearwater Estate, LLC shall commence vertical construction
within three (3) years of the effective date of this ordinance. 1. All public and private utilities shall be relocated by K and P Clearwater Estate, LLC at its own expense and to the
approval and acceptance of the utility owners with all out of service utilities removed prior to the completion of the project, 2. This vacation shall become effective only after the
dedication of relocated First Street to the City as provided in the Development Agreement. 3. Payment by the Developer of the cost of construction of the relocated First Street or the
posting of security sufficient to guarantee construction of the relocated First Street as provided in the Development Agreement. 2) This Vacation Ordinance shall be rendered null and
void if any of the preceding conditions are is not met. Section 2. The City Clerk shall record this ordinance in the public records of Pinellas County, Florida, following adoption. Section
3. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING _________________________ PASSED ON SECOND AND FINAL READING AND ADOPTED _________________________
_______________________________ Frank V. Hibbard Mayor Approved as to form: Attest: ______________________________ _______________________________ Pamela K. Akin Rosemarie Call Assistant
City Attorney City Clerk Attachment number 1 \nPage 2 Item # 14
Attachment number 2 \nPage 1 Item # 14
Work Session Council Chambers -City Hall Meeting Date:1/30/2012 SUBJECT /RECOMMENDATION: Adopt Ordinance 8309-12 on second reading, amending Ordinance 7372-05 as amended by Ordinances
7947-08 and 8040-09, which vacated a portion of the easterly one-half of the 70-foot Right of Way of Gulfview Boulevard (A.K.A. South Gulfview Boulevard per field), subject to special
conditions to amend the special conditions SUMMARY: Review Approval: Cover Memo Item # 15
Ordinance No. 8309-12 ORDINANCE NO. 8309-12 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING ORDINANCE NO. 7372-05 AS AMENDED BY ORDINANCE NOS. 7947-08 AND 8040-09, WHICH VACATED
A PORTION OF THE EASTERLY ONEHALF OF THE 70-FOOT RIGHT-OF-WAY OF GULFVIEW BOULEVARD (A.K.A. SOUTH GULFVIEW PER FIELD), SUBJECT TO SPECIAL CONDITIONS TO AMEND THE SPECIAL CONDITIONS;
PROVIDING AN EFFECTIVE DATE. WHEREAS, in Ordinance No. 7372-05, the City of Clearwater vacated the right-ofway depicted in Exhibit A attached hereto, subject to certain conditions; and
WHEREAS, Ordinance No. 7372-05 was amended by Ordinance Nos. 7947-08 and 8040-09 to extend the date for commencement of vertical construction to March 3, 2010 and February 11, 2012 respectively;
and WHEREAS, pursuant to the request of K and P Clearwater Estate, LLC, the “Developer,” the City Council finds that it is deemed to be in the best interest of the City and the general
public to amend the conditions of the vacation to further extend the date for commencement of vertical construction; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA: Section 1. That Section 1 of Ordinance 7371-05 is hereby amended to read as follows: The parcels of land more particularly described in Exhibit A attached hereto
are hereby vacated, subject to the following conditions: 1) The project described within the Development agreement between the City of Clearwater and K and P Clearwater Estate, LLC,
adopted by Resolution 05-13 as amended by the First Amended and Restated Development Agreement between the City of Clearwater and K & P Clearwater Estate, LLC, dated December 30, 2008
and adopted by Resolution 08-14 (“Development Agreement”) shall commence vertical construction no later than February 11, 2012 within three (3) years of the effective date of this ordinance.
2) All public and private utilities shall be relocated by K and P Clearwater Estate, LLC at its own expense and to the approval and acceptance of the utility owners with all out of service
utilities removed prior to the completion of the project, Attachment number 1 \nPage 1 Item # 15
Ordinance No. 8309-12 3) The public vehicular and pedestrian use of the subject right of way shall be maintained until such time as a suitable paved roadway is constructed to the west
of the subject right of way to accommodate two lanes of two way traffic capacity. 4) Payment by the Developer’s pro rata share of the Beach Walk Construction as identified in the Development
Agreement. 3 This Vacation Ordinance shall be rendered null and void if any of the preceding conditions are not met. Section 2. The City Clerk shall record this ordinance in the public
records of Pinellas County, Florida, following adoption. Section 3. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING _________________________ PASSED
ON SECOND AND FINAL READING AND ADOPTED _________________________ _______________________________ Frank V. Hibbard Mayor Approved as to form: Attest: ______________________________ __________________
_____________ Pamela K. Akin Rosemarie Call City Attorney City Clerk Attachment number 1 \nPage 2 Item # 15
Attachment number 2 \nPage 1 Item # 15
Attachment number 2 \nPage 2 Item # 15
Work Session Council Chambers -City Hall Meeting Date:1/30/2012 SUBJECT /RECOMMENDATION: Adopt Ordinance 8310-12 on second reading, amending the Community Development Code (CDC) to address
general application requirements, zoning atlas amendments, landscape plans, general provisions of the CDC, setbacks for parking lots, parking demand studies, temporary uses, business
tax receipts, development agreements, nonconforming structures, nonconforming uses, nonconforming lots, nonconforming accessory use/structures, and the definition of temporary retail
sales and displays SUMMARY: Review Approval: Cover Memo Item # 16
1 ORDINANCE NO. 8310-12 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA MAKING AMENDMENTS TO THE COMMUNITY DEVELOPMENT CODE BY AMENDING ARTICLE 1, GENERAL PROVISIONS, SECTION 1-103,
GENERAL PURPOSES, TO DELETE UNNECESSARY TEXT AND MAKE A MINOR CORRECTION; AMENDING ARTICLE 3, DEVELOPMENT STANDARDS, SECTION 3-903, REQUIRED SETBACKS, TO ADD LANGUAGE PERTAINING TO SETBACKS
FOR PARKING LOTS; AMENDING ARTICLE 3, DEVELOPMENT STANDARDS, DIVISION 14, PARKING AND LOADING, TO CHANGE THE THRESHOLD PERTAINING TO THE REQUIREMENT OF A PARKING DEMAND STUDY; AMENDING
ARTICLE 3, DEVELOPMENT STANDARDS, DIVISION 21, TEMPORARY USES, TO STRIKE THE DIVISION IN ITS ENTIRETY AND TO ADOPT A NEW DIVISION 21 THAT PROVIDES FOR A REVISED LIST OF PERMITTED TEMPORARY
USES, ASSOCIATED APPROVAL CRITERIA AND TIMEFRAMES FOR WHICH THE TEMPORARY USES ARE ALLOWED; AMENDING ARTICLE 4, DEVELOPMENT REVIEW AND OTHER PROCEDURES, SECTION 4-202, APPLICATIONS FOR
DEVELOPMENT APPROVAL, TO STRIKE SUBSECTION A AND REPLACE IT WITH MORE SIMPLIFIED AND SUCCINCT LANGUAGE; AMENDING ARTICLE 4, DEVELOPMENT REVIEW AND OTHER PROCEDURES, SECTION 4-205, BUSINESS
TAX RECEIPT, TO ADD SUBSECTION C; AMENDING ARTICLE 4, DEVELOPMENT REVIEW AND OTHER PROCEDURES, SECTION 4-602, ZONING ATLAS AMENDMENTS, TO ALLOW FOR THE SUBMITTAL OF ZONING ATLAS AMENDMENT
WITHOUT THE SUBMITTAL OF AN APPLICATION FOR DEVELOPMENT APPROVAL; AMENDING ARTICLE 4, DEVELOPMENT REVIEW AND OTHER PROCEDURES, SECTION 4-606, DEVELOPMENT AGREEMENTS, TO MAKE MINOR CORRECTIONS;
AMENDING ARTICLE 4, DEVELOPMENT REVIEW AND OTHER PROCEDURES, SECTION 4-1102, PLAN REQUIREMENTS, TO PROVIDE MORE SIMPLIFIED AND SUCCINCT LANGUAGE; AMENDING ARTICLE 6, NONCONFORMING PROVISIONS,
SECTIONS 6-101, 6-102, 6-103, 6-106, AND 6-107, TO PROVIDE LANGUAGE THAT IS MORE CONSISTENT WITH THE PURPOSE OF THE NONCONFORMING PROVISIONS AND MAKE MINOR CORRECTIONS; AMENDING ARTICLE
8, DEFINITIONS AND RULES OF CONSTRUCTION, SECTION 8-102, DEFINITIONS, PROVIDING A REVISED DEFINITION FOR TEMPORARY RETAIL SALES AND DISPLAYS; 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, since the effective date of the new Community Development Code, the City of Clearwater has reviewed numerous development proposals
in all of the new zoning districts in all parts of the City that utilize the Minimum Standard, Flexible Standard and Flexible levels of review, and WHEREAS, the City of Clearwater desires
for the Community Development Code to function effectively and equitably throughout the City, and Attachment number 1 \nPage 1 Item # 16
2 WHEREAS, the City of Clearwater has determined where the Community Development Code needs clarification and revision, now therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF CLEARWATER, FLORIDA: * * * * * * * * * * Section 1. That Article 1, General Provisions, Sections 1-103, Community Development Code, be, and the same is hereby amended to read as follows:
* * * * * * * * * * E. It is the further purpose of this Development Code to: * * * * * * * * * * 11. Enumerate density, area, width, depth, height, setback, coverage and like requirements
for each district, and make appropriate distinctions between categories of use within districts, based on the general purposes of this article, the Comprehensive Plan, and existing and
desired community characteristics; and 12. Coordinate the provisions of this Development Code with corollary provisions relating to parking, fences and walls, signs, minimum habitable
area and like supplementary requirements designed to establish an integrated and complete regulatory framework for the use of land and water within the city. Section 2. That Article
3, Development Standards, Division 9, General Applicability Standards, Section 3-903, Required setbacks, Community Development Code, be, and the same is hereby amended to add a new subsection
F, and re-lettering the subsequent subsections as appropriate: F. Except for driveway access to garages, vehicular cross-access and shared parking, all of which are regulated by subsection
A, above; parking lots shall be set back from front property lines a distance of 15 feet, and shall be set back from all other property lines a distance that is consistent with the required
perimeter landscape buffer width. 1. While perimeter landscape buffers are not required in the Tourist (T) District, the above referenced setback shall be based upon Section 3-1202.D.1.,
or at a dimension consistent with the existing/proposed building setback, or at a dimension consistent with setbacks required or otherwise established by Beach by Design, whichever is
less. 2. As perimeter landscape buffers are not required in the Downtown (D) District, compliance with the above provision is not required. However, compliance with the applicable Design
Guidelines as set forth in the Clearwater Downtown Redevelopment Plan must still be achieved. 3. This subsection is not applicable to detached dwelling uses where parking lots are not
permissible. The applicable provisions of Article 3, Division 14 would apply. Section 3. That Article 3, Development Standards, Division 14, Parking and Loading, Community Development
Code, be, and the same is hereby amended to read as follows: * * * * * * * * * * Attachment number 1 \nPage 2 Item # 16
3 C. Parking demand study. 1. The community development coordinator may require an applicant to prepare a parking demand study in conjunction with a request to make deviations to the
parking standards. If flexibility of the parking standards is requested that is greater than 50% of the top end of the range (excluding those standards where the difference between the
top and bottom of the range is one parking space), then a parking demand study will need to be provided. Prior to the preparation of such study, the methodology shall be approved by
the community development coordinator and in accordance with accepted traffic engineering principals. The findings of the study will be used in determining whether or not deviations
to the parking standards are approved. * * * * * * * * * * Section 4. That Article 3, Development Standards, Division 21, Temporary Uses, Community Development Code, be, and the same
is hereby amended to read as follows: DIVISION 21. TEMPORARY USES Section 3-2101. Purpose. It is the purpose of this division to provide for certain temporary uses and to ensure that
such uses are compatible with adjacent land uses and consistent with the city's goals and objectives. Section 3-2102. Permitted temporary uses. A. The following temporary uses are permitted
subject to obtaining a Level One approval in accordance with the provisions of Article 4, Division 3 and the provisions of this division: 1. Circuses and/or carnivals. 2. Contractors
offices and/or construction sheds. 3. Evangelical and religious revivals or assemblies. 4. Sales for Christmas trees, pumpkins or other seasonal materials. 5. Other temporary recreational
or entertainment related events or activities such as fairs, concerts or festivals. 6. Outdoor bazaars, cookouts, special fund raising sales and/or similar activities. 7. Sidewalk sales.
8. Temporary commercial parking lots associated with special events. 9. Temporary real estate sales offices. 10. Temporary relocation tents or mobile homes for displaced persons as a
result of natural or manmade disasters in a neighborhood or area. 11. Temporary retail special sales and displays (e.g., occasional sidewalk or parking lot sales). 12. Block and neighborhood
parties. 13. Portable storage units. 14. Outdoor automobile, boat, and recreational vehicle shows. Section 3-2103. Standards. A. All temporary uses shall comply with the following standards:
1. The temporary use will not create hazardous vehicular or pedestrian traffic conditions. Attachment number 1 \nPage 3 Item # 16
4 2. The design and installation of all practicable temporary traffic control devices including signage to minimize traffic congestion. 3. Adequate sanitary facilities, utility, drainage,
refuse management, emergency services and access, and similar necessary facilities and services will be available to serve employees, patrons or participants. 4. Where a tent or similar
structure is to be used, such structure shall: a. Comply with the requirements of the fire marshal. b. Provide the city with a certificate of insurance to cover the liability of the
applicant or sponsor. c. Demonstrate that the tent is flame resistant by providing a certificate of flame resistance or other assurance that the structure has been properly treated with
flame retarder and has been maintained as such. 5. Signage related to the temporary use shall not exceed 12 square feet of sign face area and no more than one sign face per street frontage
shall be permitted. Signs shall be made of treated wood or other durable material. Sign copy shall not be spray painted. 6. All temporary uses shall comply with the following additional
conditions or requirements: ADDITIONAL REQUIREMENTS FOR TEMPORARY USES Temporary Use Maximum Cumulative Allowable Time Period for Each Separate Use (per site per calendar year or absolute
time limitation, as applicable) Permitted Districts Block and neighborhood parties 2 days All residential districts Circuses or carnivals 14 days C, IRT, and I Contractors office and/or
construction sheds During construction period only while building permit is valid All districts Evangelical and religious revivals or assemblies 7 days C, D, T, I and IRT Garage, yard
or estate sales No more than 2 times per property within one year; no longer than 3 days each All residential districts Sales for: Christmas tree and pumpkin sales and other seasonal
sales 45 days All non-residential zoning districts Other temporary recreational or entertainment events 7 days, except 14 days for annual events approved by the special events committee
All nonresidential districts Outdoor bazaars, cookouts, special fund raising sales and/or similar activities 2 days C, I and D Sidewalk sales 7 days in conjunction with a special event
T and D Temporary commercial parking lots The period of time during which the temporary use the parking serves is authorized All districts Temporary relocation tents or mobile homes
for displaced persons 18 months (unless authorized longer by commission resolution) Within a designated area Attachment number 1 \nPage 4 Item # 16
5 Temporary real estate sales office or model home 24 months All districts Temporary retail sales and displays 7 days (not more than 4 times per year) T, C and D Portable storage units
Residentially zoned property: Four days, not more than four times a year. Non-residentially zoned property: 30 days, not more than four times a year or for the duration of an active
construction permit. Refer to Sections 3-2103(B)(3) and 2103(C)(2) for additional requirements. All districts Outdoor automobile, boat, and recreational vehicle shows. 7 days (not more
than 4 times per year) C C B. The following additional requirements shall apply for specified temporary uses: 1. Temporary real estate office. The office or required accessory uses shall
not be equipped or used as a dwelling. 2. Temporary housing -residential tents or mobile homes. Upon determination by the city commission that a particular neighborhood or area constitutes
a disaster area, nonpermanent facilities for displaces shall be allowed provided they meet the following requirements: a. All residential tents or mobile homes shall have facilities
connected to city utilities for water and sanitary sewer, unless such services are not reasonably available. b. Adequate provisions shall be made for solid waste management in compliance
with city ordinances and policies, unless such services are not reasonably available. 3. Portable storage units, not exceeding eight feet in height,eight feet in width, and 16 feet in
length may be permitted provided such units comply with the following provisions: a. One portable storage unit may be located on any lot occupied by a singlefamily dwelling. The number
of permitted portable storage units for all other uses shall be decided by the Community Development Coordinator based on the amount of construction, size of property and the ability
to locate the portable storage unit in accordance with the requirements below. b. Portable storage units may be located in a required setback; c. Portable storage units shall not be
located in such a manner to impair a motor vehicle operator's view of motor vehicles, bicycles or pedestrians upon entering or exiting a right-of-way; d. Portable storage units shall
not be located in such a manner to obstruct the flow of pedestrian or vehicular traffic; e. The location of a portable storage unit shall be approved by the Community Development Coordinator;
f. A maximum of two signs no more than 12 square feet in area each may be located on parallel sides on a portable storage unit; g. A sticker shall be affixed to all portable storage
units indicating the most recent delivery date, on which the portable storage unit was delivered to a property. h. If the National Weather Advisory Service or other qualified weather
advisory service identifies weather conditions which are predicted to include winds of 75 mph or greater, all portable storage units shall be Attachment number 1 \nPage 5 Item # 16
6 removed from all properties and placed in approved storage locations at least 24 hours prior to the predicted onset of such winds or as soon as reasonably practical if less notice
is provided. This requirement may be modified by the building official upon receipt of adequate documentation from a registered architect or engineer or other professional qualified
to give such opinion that a greater wind loading pertain to a particular portable storage unit model or manufacturer so that the portable storage unit is unlikely to be moved by winds
greater than the predicted winds. As an alternative to removal, the portable storage vendor may submit a tie down proposal for approval by the Building Official and each portable storage
unit not removed shall be tied down in the approved manner. i. Any portable storage unit which is not removed at the end of the time for which it may lawfully remain in place, or immediately
upon the direction of a code enforcement officer for removal of such temporary structure for safety reasons, may be removed by the City immediately, without notice, and the cost of such
removal, together with the cost of administration of its removal, may be assessed against the property on which the temporary structure was located and may be filed as a lien against
such property by the city clerk. j. The community development coordinator may allow portable storage units to be located on a property for a longer period of time than specified in Section
3-2103.C.2 in emergency situations. The community development coordinator may allow a period of 15 days for a portable storage unit to be located on a property and may allow an additional
15 days if extension is required to complete emergency repairs. 4. Seasonal sales. A 1,000-foot separation shall be required between a seasonal business and any permanent business whose
primary business is selling the same product as the seasonal business. The 1,000 feet shall be measured from property line to property line. 5. Outdoor automobile, boat, and recreational
vehicle shows. a. Outdoor automobile, boat, and recreational vehicle shows shall be permitted only on properties located in the Commercial zoning district which are at least 75 contiguous
acres in size; b. A maximum of seven days shall be allowed for each permitted outdoor automobile, boat, and recreational vehicle show, inclusive of set up and take down time for all
temporary use related facilities; c. Sales of products displayed at the show are permitted, without regard to the primary use of the property. C. The following temporary uses are permitted
without a permit, provided that the standards and criteria of this division are met: 1. Garage, yard or estate sales. 2. Portable storage units for a period not exceeding four days no
more than four times a year on residentially zoned property and 30 days on non-residentially zoned property no more than four times a year. DIVISION 21. TEMPORARY USES Section 3-2101.
Purpose. Attachment number 1 \nPage 6 Item # 16
7 It is the purpose of this division to provide for certain temporary uses and to ensure that such uses are compatible with adjacent land uses and consistent with the city's goals and
objectives. Section 3-2102. General Standards. All proposed temporary uses shall submit a conceptual plan depicting compliance with the following general standards: A. The temporary
use will not create hazardous vehicular or pedestrian traffic conditions or encroach upon any existing landscape areas. B. The design and installation of all practicable temporary traffic
control devices including signage to minimize traffic congestion. C. Adequate sanitary facilities, utility, drainage, refuse management, emergency services and access, and similar necessary
facilities and services will be available to serve employees, patrons or participants. D. Signage related to the temporary use shall not exceed 12 square feet of sign face area and no
more than one sign face per street frontage shall be permitted. Signs shall be made of treated wood or other durable material. Sign copy shall not be spray-painted. Details of any proposed
signage must be submitted with an application for a temporary use permit. E. Where a tent or similar structure is to be used in conjunction with a temporary use, the following shall
be met: 1. Comply with all requirements of the Fire Marshal; 2. Provide the City with a certificate of insurance to cover the liability of the applicant or sponsor; and 3. Demonstrate
that the tent is flame resistant by providing a certificate of flame resistance or other assurance that the structure has been properly treated with flame retarder and has been maintained
as such. F. Where a tent or similar structure is to be used in conjunction with a temporary use, the tent shall be allowed to be set-up on the day before the temporary use is scheduled
to begin, and shall be allowed to be taken down on the day after the temporary use is scheduled to end. However, additional time may be allowed for circuses or carnivals as determined
by the Community Development Coordinator. Section 3-2103. Allowable Temporary Uses. Unless otherwise noted, the following temporary uses are permitted subject to obtaining a Level One
approval in accordance with the provisions of Article 4, Division 3 as well as the specific criteria pertaining to each temporary use: A. Block and neighborhood parties. 1. Allowable
within all residential zoning districts; and 2. Maximum of two days, per calendar year. 3. May be subject to review by the Special Events Committee. B. Circuses or carnivals. 1. Allowable
within the C, IRT and I Districts; and 2. Maximum of 14 days per property, per calendar year. C. Contractors office and/or construction sheds. 1. Allowable within all zoning districts;
and 2. Allowable only in conjunction with a valid building permit and only for the time that the building permit is active. D. Evangelical and religious revivals or assemblies. Attachment
number 1 \nPage 7 Item # 16
8 1. Allowable within the C, D, T, I and IRT Districts; and 2. Maximum of seven days per property, per calendar year. E. Garage, yard or estate sales. 1. Allowable within all residential
zoning districts; 2. Allowable twice per property, per calendar year, but for no longer than three days per occurrence; 3. Individual occurrences may not be consecutive; and 4. Provided
all of the applicable standards of this division are met, a permit is not required for this temporary use. F. Outdoor automobile, boat and recreational vehicle shows. 1. Allowable only
on properties located in the C District that is at least 75 contiguous acres in size; 2. Allowable four times per property, per calendar year, but for no longer than seven days per occurrence,
inclusive of set-up and take down time for all related facilities. Individual occurrences may not be consecutive; and 3. The sale of products displayed at the show is permitted, without
regard to the primary use of the property. G. Outdoor bazaars, cookouts, special fund raising events and/or similar activities. 1. Allowable within the C, D and I Districts; and 2. Maximum
of two days per property, per calendar year. H. Portable storage units. 1. Allowable within all residential zoning districts four times per property, per calendar year, but for no longer
than four days per occurrence; 2. Allowable within all nonresidential zoning districts for the duration of an active building construction permit, or four times per property, per calendar
year, but for no longer than 30 days per occurrence; 3. Individual occurrences may not be consecutive; 4. Provided all of the applicable standards of this division are met, a permit
is not required for this temporary use within a residential zoning district; 5. Portable storage units not exceeding eight feet in height, eight feet in width, and 16 feet in length
may be permitted provided such units comply with the following provisions: a. One portable storage unit may be located on any lot occupied by a detached dwelling. The number of permitted
portable storage units for all other uses shall be decided by the Community Development Coordinator based upon the amount of construction, size of property and the ability to locate
the portable storage unit in accordance with the requirements below; b. Portable storage units may be located in a required setback; c. Portable storage units shall not be located in
such a manner to impair a motor vehicle operator's view of motor vehicles, bicycles or pedestrians upon entering or exiting a right-of-way; d. Portable storage units shall not be located
in such a manner to obstruct the flow of pedestrian or vehicular traffic; e. A maximum of two signs no more than 12 square feet in area each may be located on parallel sides on a portable
storage unit; f. A sticker shall be affixed to all portable storage units indicating the most recent delivery date, on which the portable storage unit was delivered to a property; g.
If the National Weather Advisory Service or other qualified weather advisory service identifies weather conditions which are predicted to Attachment number 1 \nPage 8 Item # 16
9 include winds of 75 mph or greater, all portable storage units shall be removed from all properties and placed in approved storage locations at least 24 hours prior to the predicted
onset of such winds or as soon as reasonably practical if less notice is provided. This requirement may be modified by the building official upon receipt of adequate documentation from
a registered architect or engineer or other professional qualified to give such opinion that a greater wind loading pertain to a particular portable storage unit model or manufacturer
so that the portable storage unit is unlikely to be moved by winds greater than the predicted winds. As an alternative to removal, the portable storage vendor may submit a tie down proposal
for approval by the Building Official and each portable storage unit not removed shall be tied down in the approved manner; h. Any portable storage unit which is not removed at the end
of the time for which it may lawfully remain in place, or immediately upon the direction of a code enforcement officer for removal of such temporary structure for safety reasons, may
be removed by the City immediately, without notice, and the cost of such removal, together with the cost of administration of its removal, may be assessed against the property on which
the temporary structure was located and may be filed as a lien against such property by the City Clerk; and i. The Community Development Coordinator may allow portable storage units
to be located on a property within a residential zoning district for a longer period of time than otherwise specified, but only in emergency situations. The Community Development Coordinator
may allow a period of 15 days for a portable storage unit to be located on such a property and may allow an additional 15 days if an extension is necessary to complete emergency repairs.
I. Seasonal sales (sale of Christmas trees, pumpkins, or other seasonal holiday items). 1. Allowable within all nonresidential zoning districts; 2. Maximum of 45 days per property, per
calendar year; 3. A 1,000-foot separation shall be required between a seasonal business and any permanent business whose primary business is selling the same product as the seasonal
business. The 1,000 feet shall be measured from property line to property line; and 4. Only items traditionally considered as associated with the particular season, including plant materials
and fireworks, are allowed to be sold and general merchandise not associated with the seasonal sale such as toys, tools, clothing, etc. are prohibited from being sold as a seasonal sale
item. J. Sidewalk sales in conjunction with a special event. 1. Allowable within the T and D Districts; and 2. Maximum of seven days per property, per calendar year. K. Temporary commercial
parking lots. 1. Allowable within all zoning districts; 2. Allowable only in conjunction with another approved temporary use or an approved special event; and 3. Allowable only for that
time the temporary use or special event the parking will serve is authorized. L. Temporary recreational or entertainment events. 1. Allowable within all nonresidential zoning districts;
and 2. Maximum of seven days per property, per calendar year. M. Temporary relocation tents or mobile homes for displaced persons. Attachment number 1 \nPage 9 Item # 16
10 1. Allowable within all zoning districts; 2. Maximum of 18 months unless a greater time is authorized by Resolution of the City Council; and 3. Upon determination by the City Council
that a particular neighborhood or area constitutes a disaster area, nonpermanent facilities for displaces shall be allowed provided they meet the following requirements: a. All residential
tents or mobile homes shall have facilities connected to city utilities for water and sanitary sewer, unless such services are not reasonably available; and b. Adequate provisions shall
be made for solid waste management in compliance with city ordinances and policies, unless such services are not reasonably available. N. Temporary real estate sales office or model
home. 1. Allowable within all zoning districts; 2. Maximum of 24 months per development; and 3. The office or required accessory uses shall not be equipped or used as a dwelling. O.
Temporary retail sales and displays. 1. Allowable within the C, T and D Districts; 2. Allowable four times per property, per calendar year, but for no longer than seven days per occurrence;
and 3. Individual occurrences may not be consecutive, and must be separated by at least one day. Section 5. That Article 4, Development Review and Other Procedures, Division 2, General
Procedures, Section 4-202, Applications for development approval, Community Development Code, be, and the same is hereby amended to read as follows: A. Basic information required for
all applications. All applications for development approval shall include the following information: 1. The applicant's name, signature, mailing address, and telephone and facsimile,
if any, number. 2. The name and signature of all legal and equitable owners of the parcel proposed for development, if different from the applicant. Notwithstanding the foregoing, the
application need not be signed by the owner where the applicant is an entity having the power of eminent domain and the entity has authorized the acquisition of the subject property
by eminent domain. In such cases, the application will be conditionally accepted and any approval will be conditioned upon the entity obtaining title within a specific period of time
not to exceed two years. 3. The name of the owner(s) representative and consultants, if any. 4. Street address of the parcel proposed for development. 5. Ownership: A copy of a deed
to the property proposed for development, a copy of a title insurance policy or an affidavit attesting to ownership. 6. A legal description of the property which is the subject of the
application. 7. A signed and sealed survey of the property including the dimensions, acreage and location of the property prepared by a registered land surveyor showing all current structures/improve
ments. 8. The existing zoning and land use plan classification for the property and for the properties contiguous to the parcel proposed for development. Attachment number 1 \nPage 10
Item # 16
11 9. If the proposed development is for a single-family dwelling or accessory use, a plot plan with the following information: a. Existing and proposed parking areas, sidewalks and
driveways. b. Existing and proposed locations, setbacks, uses, and gross floor area of building and structures. c. Existing and proposed height of all buildings and structures. d. Existing
and proposed fences and landscaping. e. Existing and proposed utilities, including water, sewer, gas, and stormwater. f. A tree survey showing the location, DBH (diameter at breast height),
and species on the parcel proposed for development with a DBH of four inches or more and identifying those trees proposed to be removed. g. Existing utility easements, including Official
Records book and page numbers, and any proposed utility easements. h. All prior approval conditions, or subdivision platting conditions, unless waived by the Community Development Coordinator
at a pre-application conference. i. Building or structure elevation drawings for all Level One (flexible standard development) and Level Two approvals, unless waived or modified by the
community development coordinator. 10. If the proposed development is for a home occupation, an executed affidavit: a. Agreeing to comply with all standards contained in Article 3 Division
2 and any other conditions of the home occupation that may be established in authorizing same. b. Recognizing the need to renew the requisite business tax receipt annually or as may
otherwise be required. c. Acknowledge that any departure from the conditions authorizing the use shall be grounds for the revocation of the applicable occupational license. d. Agreeing
to permit reasonable inspection of the premises of the home occupation to ensure compliance with the conditions thereof. 11. For all other development, a site plan drawn to a minimum
scale of one inch equals 50 feet on an overall sheet size not to exceed 24 inches by 36 inches. When more than one sheet is required, an index sheet of the same size shall be included
showing the entire parcel with individual sheet numbers referenced thereon and including the following: a. North arrow, scale and date prepared. b. Location map. c. Identification of
watercourses, wetlands, tree masses and specimen trees, including description and location of understory, ground cover vegetation and wildlife habitats or other environmentally unique
areas. d. Land areas expressed in square feet and acres. e. The number of dwelling units proposed, if any. f. Gross floor area devoted to each use. g. The footprint of all buildings
and structures and all required setbacks, including required sight triangles. h. The location, type and lamp height of all outdoor lighting fixtures. i. Location of all public and private
easements and street rights of way within and adjacent to the site. j. Location of all existing and proposed points of access. k. The location, size and height of all existing and proposed
buildings and structures on the site. Attachment number 1 \nPage 11 Item # 16
12 l. The location of existing public and private utilities. m. Number of parking spaces provided, presented in tabular form with the number of required spaces. n. Total paved vehicular
use area, including but not limited to all paved parking spaces and driveways, expressed in square feet and as a percentage of the area of the overall site. o. Depiction by shading or
crosshatching of required parking lot interior landscape areas. p. Total land area devoted to parking lot interior landscaping, expressed in square feet and as a percentage of the paved
vehicular area. q. Location of all refuse collection facilities and all required screening. r. Tree survey showing the location, DBH and species of all existing trees with a DBH of four
inches or more and identifying those trees proposed to be removed. s. The location of all proposed landscape material including size and species. t. The location of onsite and offsite
storm-water management facilities. u. Existing and proposed utilities, including size and location of all water lines, fire hydrants, sewer lines, manholes and lift stations. v. Existing
utility easements, including official records book and page numbers, and proposed utilities easements. w. Off-site elevations, as may be required by the engineering department, to evaluate
proposed stormwater management for the parcel proposed for development. x. Building elevation drawings for all Level One (flexible standard development) and Level Two approvals, unless
waived or modified by the community development coordinator. y. Floor plan typicals of buildings for all Level One (flexible standard development) and Level Two reviews. A floor plan
of each floor is required for any parking garage requiring a Level One (minimum standard and flexible standard) or Level Two approval. z. Type and location of all attached and freestanding
signage for compliance with Article 3, Division 18, Signs. aa. Tree inventory, prepared by a certified arborist, of all trees four inches DBH or more reflecting the size, canopy, and
condition of such trees. 12. If the property proposed for development exceeds one acre, the site plan shall include, in addition to the items in subsection 11 above: a. Existing one-foot
contours or spot elevations on the site, and such offsite elevations as may be required to evaluate proposed stormwater management for the parcel proposed for development. b. The location
and character of a proposed use of land within the parcel proposed for development, including all recreational and open space areas, plazas and major landscaped areas by function, and
the general location and description of all proposed outdoor furnishings, such as seating, and telephones. c. The location of all earth or water retaining walls, earth berms, and public
and private sidewalks. d. Identification of the boundaries of phases, if development is proposed to be constructed in phases. e. Dimensions of lot lines, streets, drives, building lines,
building setbacks, building heights, structural overhangs, and building separations. Attachment number 1 \nPage 12 Item # 16
13 13. A preliminary plat if one is required in Article 4 Division 7. 14. A traffic impact study if one is required in Article 4 Division 8. 15. An application for a certificate of concurrency/capaci
ty if one is required in Article 4 Division 9 or a non-concurrency affidavit. 16. A sign plan if one is required in Article 4 Division 10. 17. A landscaping plan if one is required in
Article 4 Division 11. 18. A tree removal application if one is required in Article 4 Division 12 or a "no tree" statement or a "no tree removal permit required" statement. 19. A grading
and erosion control plan along with a clearing and grubbing application as required in Article 4, Division 13. 20. If applicable, a parking lot plan be drawn to an accurate scale, identify
the property, and shall delineate lot entrances and exits, distance from property lines, grading for drainage, lighting, planting areas, traffic signs/markings, type of surfacing, curbs,
and any additional information particular to the site which the city determines necessary to facilitate review of the plan. 21. If the property is located within an area of special flood
hazard, the information required by Chapter 51 of the City's Code. 22. In the event the application involves the use of transferable development rights, the information required by Section
4-1403 of this Development Code. 23. An application for a permit for a seawall, bulkhead, groin, marina, dock, bridge or other similar marine structure shall be accompanied by detailed
plans and specifications, prepared by a Florida professional engineer, bearing the seal and signature of the engineer, except signed and sealed plans shall not be required for the repair
or replacement of decking, stringers, railing, lower landings, tie piles, or the patching or reinforcing of existing piling on private and commercial docks for which a city permit was
originally issued. Prior to commencing construction or repair or replacement of any dock, pier or wharf, the applicant shall present to the building official evidence that the person
who will carry out the proposed work holds a certificate of competency issued by Pinellas County. 24. An application for a fence permit shall include the following: a. The applicant's
name, mailing address, and telephone and facsimile, if any, number. b. The name of all legal and equitable owners of the parcel proposed for development, if different from the applicant.
c. Street address of the parcel proposed for development. d. For all proposed development, a signed and sealed survey with the following information: i. Existing and proposed fences
and landscaping. ii. The proposed height and materials of the proposed fence. 25. If approval of the application would result in the removal or relocation of mobile home owners residing
in a mobile home park as provided in F.S. § 723.083, the application must provide information sufficient to show that adequate mobile home parks or other suitable facilities exist for
the relocation of the mobile home owners. Mobile home owners shall be defined as those persons who own their coach but rent a lot space within the subject property and are subject to
the provisions and protections provided for in F.S. Ch. 723. The application shall include the following information: 1. The total number of mobile homes in the park that are owned by
mobile home owners; and 2. Monthly rent charged for each space occupied by a mobile home owner; and Attachment number 1 \nPage 13 Item # 16
14 3. A list of the names and mailing addresses of the present mobile home owners within the subject property. This list should identify those units that are suitable for moving and
for which only vacant replacement lots will be identified; and 4. Household profile for each owner-occupied mobile home within the park, including number of adults, number of children,
and whether pets have been allowed in the park. Replacement units identified should be suitable for similar household profiles; and 5. A list of other mobile home parks or other suitable
facilities with vacant units available at the time of application that are of a similar cost profile to which owners residing in the subject property could reasonably expect to relocate.
This list will include, at a minimum, name and address of the park, park contact name and phone number, the number of vacant spaces available and the cost of those spaces, park guidelines
on age and condition of acceptable units, number of rental units available and the cost of those rentals. All parks or other suitable facilities must be located within a ten-mile radius
of the subject property and serve the same age, household, and occupancy profiles as the subject property. 6. Any other information that the applicant deems necessary to demonstrate
that adequate mobile home parks or other suitable facilities exist for the relocation of the mobile home owners. 26. In addition to the requirements found in section 4-202.A.1-9, an
application for an outdoor café located in the public right(s)-of-way shall include the following: a. Written permission to file the application from the owner of the property in which
the business is located; b. A plan that depicts the following: i. The proposed outdoor café area including dimensions; ii. All doors to the building, as well as those of the adjacent
storefront; iii. The location of curbing, sidewalk and any other furnishing or structure within the public right(s)-of-way; iv. Clear delineation of the required pedestrian pathway;
and v. Proposed locations and sizes of furnishings used in association with the outdoor café. c. Visual representation fully depicting the appearance, color, and materials of all proposed
furnishings related to the outdoor café; d. Copy of written approval from any agency other than the City of Clearwater having jurisdiction over the public right(s)-of-way; and e. A copy
of current certificate of insurance in the amounts and categories required by section 3-909. A. All applications for development approval shall include the following information in addition
to the information that the Community Development Coordinator may generally require unless waived or modified by the Community Development Coordinator: 1. An application with plans and
relevant support materials (the number to be established by the Community Development Coordinator). 2. Data Sheet. 3. Written responses (or narrative) explaining how compliance with
the General Applicability Criteria and applicable Flexibility Criteria is being achieved by the development proposal. 4. Affidavit to Authorize Agent/Representative. Attachment number
1 \nPage 14 Item # 16
15 5. If the application would result in the removal or relocation of mobile home owners residing in a mobile home park as provided in F.S. § 723.083, the application must provide information
sufficient to show that adequate mobile home parks or other suitable facilities exist for the relocation of the mobile home owners. Mobile home owners shall be defined as those persons
who own their coach but rent a lot space within the subject property and are subject to the provisions and protections provided for in F.S. Ch. 723. The application shall include the
following information: a. The total number of mobile homes in the park that are owned by mobile home owners; and b. Monthly rent charged for each space occupied by a mobile home owner;
and c. A list of the names and mailing addresses of the present mobile home owners within the subject property. This list should identify those units that are suitable for moving and
for which only vacant replacement lots will be identified; and d. Household profile for each owner-occupied mobile home within the park, including number of adults, number of children,
and whether pets have been allowed in the park. Replacement units identified should be suitable for similar household profiles; and e. A list of other mobile home parks or other suitable
facilities with vacant units available at the time of application that are of a similar cost profile to which owners residing in the subject property could reasonably expect to relocate.
This list will include, at a minimum, name and address of the park, park contact name and phone number, the number of vacant spaces available and the cost of those spaces, park guidelines
on age and condition of acceptable units, number of rental units available and the cost of those rentals. All parks or other suitable facilities must be located within a ten-mile radius
of the subject property and serve the same age, household, and occupancy profiles as the subject property. f. Any other information that the applicant deems necessary to demonstrate
that adequate mobile home parks or other suitable facilities exist for the relocation of the mobile home owners. Section 6. That Article 4, Development Review and Other Procedures, Division
2, General Procedures, Section 4-205, Business tax receipt, Community Development Code, be, and the same is hereby amended to read as follows: * * * * * * * * * * C. If the Business
Tax Receipt is for a home occupation, then an executed affidavit must be submitted in which the business owner(s): 1. Agree to comply with all standards contained in Article 3, Division
2 and any other conditions of the home occupation that may be established in authorizing same; 2. Recognize the need to renew the requisite business tax receipt annually or as may otherwise
be required; 3. Acknowledge that any departure from the conditions authorizing the use shall be grounds for the revocation of the applicable business tax receipt; and 4. Agree to permit
reasonable inspection of the premises of the home occupation to ensure compliance with the conditions thereof. Attachment number 1 \nPage 15 Item # 16
16 Section 7. That Article 4, Development Review and Other Procedures, Division 6, Level Three Approvals, Section 4-602, Zoning Atlas Amendments, Community Development Code, be, and
the same is hereby amended to read as follows: * * * * * * * * * * B. Application/initiation requirements. An application for an amendment of the Zoning Atlas of the city may be initiated
by the city commission council, the community development coordinator, the community development board and by any person in conjunction with an application for development approval or
by the owner of the property or his representative which is the subject of the amendment. Proposed Zoning Atlas amendment applications shall include such information as is applicable
in Section 4-202.A and the fee required by Section 4-202.EF. * * * * * * * * * * Section 8. That Article 4, Development Review and Other Procedures, Division 6, Level Three Approvals,
Section 4-606, Development Agreements, Community Development Code, be, and the same is hereby amended to read as follows: Section 4-606. Development agreements. * * * * * * * * * * B.
Application requirements. In addition to the basic information required by Section 4-202(A).A and the fee required by Section 4-202(E).F, an application for approval of a development
agreement shall be accompanied by: * * * * * * * * * * Section 9. That Article 4, Development Review and Other Procedures, Division 11, Landscaping Plan, Section 4-1102, Plan Requirements,
Community Development Code, be, and the same is hereby amended to read as follows: A. An application for development approval for which landscaping is required by Article 3, Division
12 or by any other provision of this Development Code shall be accompanied by a landscape plan which includes whatever information the Community Development Coordinator may generally
require unless waived or modified by the Community Development Coordinator which shall include the following information, if not otherwise required in conjunction with the application
for development approval: 1. All proposed structures and improvements, including but not limited to walls, fences, walks, pools, patios, dumpster pads, pad mounted transformers, fire
hydrants, overhead obstructions, easements, sign locations, treatment of all ground surfaces, and any other features that may influence the proposed landscape. 2. Name of abutting street
rights-of-way. 3. Drainage and retention areas, including swales, side slopes and bottom elevations, and drainage structures and other drainage improvements. 4. Delineation and dimensions
of all required perimeter landscaped buffers including sight triangles, if any. Attachment number 1 \nPage 16 Item # 16
17 5. Delineation of parking areas and other vehicular use areas, including parking spaces, circulation aisles, interior landscape islands and curbing. 6. Proposed and required parking
spaces. 7. Existing trees on-site and immediately adjacent to the site, by species, size and location, including dripline. 8. Location, size, description, specifications and quantities
of all existing and proposed landscape materials, including botanical and common names. 9. Typical planting details for trees, palms, shrubs, and ground cover plants, including planting
instructions, soil mixes, backfilling, mulching, staking and protective measures. 10. Interior landscape areas hatched and/or shaded and labeled and interior landscape coverage, expressed
both in square feet, exclusive of perimeter landscaped strips, and as a percentage of the paved area coverage of the parking lot and vehicular use areas. 11. An irrigation plan for all
development requiring Level Two and Three approval. 12. All sites one acre or greater in size or sites having 150 foot street frontage or greater shall provide a scaled drawing showing
the finished elevation of all landscape material proposed to be planted within perimeter landscape buffers adjacent to street rights-of-way. The drawing shall be an artistic rendering
of the proposed landscape material as it will appear at the time of installation and will provide a "snapshot" of the overall appearance of the landscape material. The drawing shall
include a rendering of all trees, shrubs and groundcovers and should include structures such as walls, fences, signage, benches, utility poles or other structures within the required
buffers. In addition, the plan shall include dimensional measurements showing the height from finished grade of all landscape materials utilized in the landscape buffers. 13. Any conditions
of development approval. 14. Any other information that may be needed to show compliance with the provisions of Article 3, Division 12. B. If a landscape plan is not prepared by a landscape
architect, the "optional preapplication conference" provided in Section 4-201 shall be required and the applicant shall be accompanied by the preparer of the landscape plan. Section
10. That Article 6, Nonconforming provisions, Section 6-101, Purpose/applicability, Community Development Code, be, and the same is hereby amended to read as follows: Section 6-101.
Purpose/applicability. The purpose of this division is to regulate and limit the development and continued existence of uses, structures and lots which were lawful on the date of the
adoption of this Code, but which would be prohibited, regulated, or restricted under the terms established herein. Within the zoning districts established in Article 2, there exist lots,
structures, uses of land and structures, and characteristics of use, which were lawful before the passage of said Article 2, but are now prohibited, regulated or restricted. While nonconformities
may continue, it is not the intent of this development code to encourage their continuation, but instead to bring nonconforming properties into compliance with the provisions of this
code in conjunction with a change of use, redevelopment, or any other change of condition of the property in order to eliminate the nonconformity or to bring the nonconformity as practical
as possible to a conforming status. Attachment number 1 \nPage 17 Item # 16
18 Section 11. That Article 6, Nonconforming provisions, Section 6-102, Nonconforming structures, Community Development Code, be, and the same is hereby amended to read as follows: Section
6-102. Nonconforming structures. A. Except as otherwise provided in this development code, a nonconforming structure may be used for any purpose permitted in the zoning district in which
it is located. B. Normal repair and maintenance, such as painting, cleaning, replacement, and repairing of same nonconformity may be performed on nonconforming structures. However, nonconforming
structures shall be made to fully comply with the provisions of this Code, provided the cost of repair of any structure or improvement at any time exceeds 50 percent of the assessed
value of the entire structure. Assessed value shall be determined by reference to the official property tax assessment rolls for the year the structure or site improvement is destroyed
or damaged. C. The use of a nonconforming structure may be changed, provided that such change complies to the maximum extent practicable with the requirements of the landscaping and
parking standards in Article 3 Divisions 12 and 14 of this Development Code. DC. A nonconforming structure may be expanded: shall not be altered, enlarged or changed in any way that
increases its nonconformity. Any structure or site improvement may, however, be altered to decrease its nonconformity. 1. If it is nonconforming solely because of its failure to comply
with the off-street parking requirements of this development code and the enlargement will not increase the required amount of parking by more than three additional spaces; or 2. If
the expansion, when considered in isolation from the existing structure, is in compliance with all requirements of this development code. E. In the event the use of a nonconforming structure
is abandoned for a period of six consecutive months, the future use of the structure shall be required to be brought into compliance with all the requirements of this Development Code.
FD. Any part of a nonconforming structure which is destroyed or damaged to the extent of less than 50 percent of the assessed value of the entire structure may be repaired or restored
if a complete and legally sufficient application for all required permits to repair or restore the damage is submitted within six months of the date of the damage. Any nonconforming
structure which is destroyed or damaged to 50 percent or more of the assessed value may be repaired or restored only if the structure conforms to the standards of this development code
for the zoning district in which it is located. Assessed value shall be determined by reference to the official property tax assessment rolls for the year the structure is destroyed
or damaged. The extent of damage or destruction shall be determined by the building official by comparing the estimated cost of repairs or restoration with the assessed value. E. Should
a nonconforming structure be moved for any reason, for any distance whatsoever, it shall thereafter conform to the applicable requirements of this Code. Should any portion of any structure
be removed for any reason, it shall not be replaced, except in conformity to the applicable requirements of this Code. Section 12. That Article 6, Nonconforming provisions, Section 6-103,
Nonconforming uses, Community Development Code, be, and the same is hereby amended to read as follows: Section 6-103. Nonconforming uses. Attachment number 1 \nPage 18 Item # 16
19 A. Nonconforming uses of land or structures, and nonconforming structures that contain nonconforming uses, may be maintained only in accordance with the provisions of this section.
B. Nonconforming uses of land or structures shall not be expanded or extended to occupy a greater area of land or structure than was occupied at the time it became nonconforming, but
normal repair and maintenance may be performed to allow the continuation of the nonconforming use. In addition, no nonconforming use shall be moved, in whole or in part, to any other
portion of the lot, parcel or structure occupied by such use at the time it became nonconforming. C. Except as provided in Section 6-109, a nonconforming use shall not be changed to
any other use unless the new use conforms to the standards of the zoning district in which it is located. Once a nonconforming use is changed to a conforming use, the nonconforming use
shall not be re-established. D. In the event a nonconforming use of land or structures is discontinued or abandoned for six consecutive months a consecutive period of 180 days, then
the use shall not thereafter be re-established or resumed and any subsequent use of the land or structure shall conform to all of the requirements of this Development Code. E. In the
event a structure in which a nonconforming use is located is destroyed or damaged to the extent of less than 50 percent of the assessed value of such structure, the nonconforming use
may be re-established if a complete and legally sufficient application for all required permits to repair or restore is submitted within six months of the date of the damage. In the
event a structure in which a nonconforming use is located is destroyed or damaged to 50 percent or more of the assessed value, these structures may be repaired or restored only if the
structure and the use conforms to the standards of this development code for the zoning district in which it is located, except that a nonconforming owner-occupied single-family detached
dwelling unit may be reconstructed within the associated structure's original setbacks through a Level 1 (minimum standard) approval process. Assessed value shall be determined by reference
to the official property tax assessment rolls for the year the structure is destroyed or damaged. The extent of damage or destruction shall be determined by the building official by
comparing the estimated cost of repairs or restoration with the assessed value. F. In the event a nonconforming use is damaged or destroyed to the extent that the cost of repair or replacement
of the fixtures and/or inventory used in the business equals 50 percent of the value of the fixtures and inventory at the time of such damage or destruction, the use may not be re-established
except in compliance with all requirements of this Development Code. Section 13. That Article 6, Nonconforming provisions, Section 6-106, Nonconforming lots, Community Development Code,
be, and the same is hereby amended to read as follows: Section 6-106. Nonconforming lots. A. No principal use or structure shall be established on a residential lot of record unless
the lot conforms with to the lot area and lot width requirements in this Development Code for the zoning district in which it is located, except in accordance with the provisions of
this section. B. A principal use or structure may be established on a residential lot of record that was legally in existence prior to March 8, 1999 even though the lot is nonconforming
with the Attachment number 1 \nPage 19 Item # 16
20 lot area and lot width requirements in this development code for the zoning district in which it is located, provided that a Level One (minimum standard) approval is obtained. A level
one (flexible standard) approval shall be required only if required setbacks cannot be met. The applicant for a level one (flexible standard) approval shall demonstrates the following:
1. The lot was a lawfully created lot. If the lot was created before 1982, then it is automatically considered to be lawful. If the lot was created after 1982, to be a lawfully created
lot, it must have been created by an approved plat in accordance with the City Code; and 2. Upon adoption of this development code, the lot is not held in common ownership with any abutting
land which, in combination with the lot in question, would create a building site meeting the lot area and lot width requirements of the zoning district; or 3. The lot has not been previously
developed in combination with an adjacent lot; and 4. If the lot is proposed for a detached dwelling, the dwelling is developed in conformity with the other development standards of
the zoning district in which it is located or is approved as a residential infill project. Section 14. That Article 6, Nonconforming Provisions, Section 6-107.A., Community Development
Code, be, and the same is hereby amended to read as follows: A. No nonconforming accessory use or accessory structure shall continue after the principal use or structure is terminated
by abandonment, damage, or destruction unless such accessory use or accessory structure conforms to the standards for the zoning district in which it is located as a principle use. *
* * * * * * * * * Section 15. That Article 8, Definitions and Rules of Construction, Section 8-102, Definitions, Community Development Code, be, and the same is hereby amended to read
as follows: * * * * * * * * * * Temporary retail sales and displays means any nonpermanent sales or displays which are of the same product and must be related with the permanent or principal
use of property as a retail sales and services business/use. As used in this development code, the term "temporary retail sales and displays" shall include carnivals and similar temporary
amusement projects and shall exclude residential development sales office, land sales offices, and garage and yard sales. * * * * * * * * * * Section 16. Amendments to the Community
Development Code of the City of Clearwater (as originally adopted by Ordinance No. 6348-99 and subsequently amended) are hereby adopted to read as set forth in this Ordinance. Section
17. 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. Attachment number 1 \nPage 20 Item # 16
21 Section 18. 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 19. Notice of the proposed enactment of this Ordinance has been properly advertised in a newspaper
of general circulation in accordance with applicable law. Section 20. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING ____________________________
PASSED ON SECOND AND FINAL ____________________________ READING AND ADOPTED ____________________________ Frank V. Hibbard Mayor Approved as to form: Attest: ____________________________
____________________________ Leslie K. Dougall-Sides Rosemarie Call Assistant City Attorney City Clerk Attachment number 1 \nPage 21 Item # 16
Work Session Council Chambers -City Hall Meeting Date:1/30/2012 SUBJECT /RECOMMENDATION: City Manager Verbal Reports SUMMARY: Review Approval: Cover Memo Item # 17
Work Session Council Chambers -City Hall Meeting Date:1/30/2012 SUBJECT /RECOMMENDATION: Council Visit to Tallahassee -Councilmember Jonson SUMMARY: Review Approval: Cover Memo Item
# 18
Work Session Council Chambers -City Hall Meeting Date:1/30/2012 SUBJECT /RECOMMENDATION: Economic Development along the PAA Corridor -Councilmember Jonson SUMMARY: Review Approval: Cover
Memo Item # 19
Work Session Council Chambers -City Hall Meeting Date:1/30/2012 SUBJECT /RECOMMENDATION: Resolution regarding Business Tax Receipts -Councilmember Jonson SUMMARY: Review Approval: Cover
Memo Item # 20
Work Session Council Chambers -City Hall Meeting Date:1/30/2012 SUBJECT /RECOMMENDATION: Clergy Appreciation Week Proclamation -Earle Lusk, President of the Clearwater Civitan Club SUMMARY:
Review Approval: Cover Memo Item # 21
Work Session Council Chambers -City Hall Meeting Date:1/30/2012 SUBJECT /RECOMMENDATION: Appreciation from UPARC Foundation & Festival of Trees Presentation -Cathy Holland, Executive
Director UPARC Foundation SUMMARY: Review Approval: Cover Memo Item # 22
Work Session Council Chambers -City Hall Meeting Date:1/30/2012 SUBJECT /RECOMMENDATION: Outback Bowl -Chuck Riggs, Outback Bowl Board of Directors and Beach Day Chairman SUMMARY: Review
Approval: Cover Memo Item # 23
Meeting Date:
1/30/2012
Work Session
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Ratify and confirm the City Managers approval to issue a Purchase Order with Wannemacher Jensen Architects, Inc. for $199,986 for
architectural services for the design of a new training building and batting tunnels at Carpenter Complex. (consent)
SUMMARY:
On Dec. 1, 2011, the Council approved a Project Agreement between the City and Phillies to make certain improvements at Carpenter
Complex and Bright House Field (Project) in accordance to the Carpenter Complex Use Agreement and the Bright House Field Use
Agreement and approve funding the project for $2,900,000 from unappropriated retained earnings.
In order to meet the very tight deadlines imposed by this project it was necessary to enter into a contract with the architectural and
engineering design firms as soon as possible.
Wannemacher Jensen Architects, Inc. (WJA) was previously hired by the City to design the renovations to the locker rooms and offices
used by the Philadelphia Phillies at Carpenter Field. Both the Phillies and City staff have had successful experience with WJA and thus
desired that they be the architects for this project.
As one of the City Architects of Record, an agreement was negotiated and reached with WJA and the City Manager approved staffs
recommendations to enter into this agreement.
Staff is recommending that the Council ratify and confirm this decision.
Type:
Capital expenditure
Current Year Budget?:Budget Adjustment:
YesNo
Budget Adjustment Comments:
Current Year Cost:Annual Operating Cost:
$199,986-0-
Not to Exceed:Total Cost:
$199,986$199,986
For Fiscal Year:
2011 to 2012
Appropriation CodeAmountAppropriation Comment
315-93628$199,986
Bid Required?:Bid Number:
No
Other Bid / Contract:Bid Exceptions:
None
Review Approval:
1) Office of Management and Budget 2) Legal 3) Clerk 4) Assistant City Manager 5) City Manager 6) Clerk
Cover Memo
Item # 2
Meeting Date:
1/30/2012
Work Session
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Approve an agreement between the City and Competitor Group Inc. (CGI) to conduct a Triathlon TriRock Series Event in Clearwater,
Florida, on November 11, 2012 and continuing annually in November until November 13, 2016, with two one-year mutual agreeable
extensions and authorize the appropriate officials to execute same. (consent)
SUMMARY:
The City previously had an agreement with World Triathlon Corporation (WTC) to conduct an international distance triathlon within
Clearwater. However, WTC was unable to perform under the agreement to provide a new international distance event in Clearwater
known as 5150 Clearwater Triathlon in 2011, therefore, the agreement between the City and WTC was terminated in accordance to
the terms and conditions of the agreement.
This agreement is similar to the one approved with WTC, with a new partner CGI. The event includes a 1.5K swim, 40K bicycle and
10K run, with a similar course, still to be finalized with the City, as the cancelled 2011 5150 event.
Staff believes that CGI has the experience and expertise to conduct a successful event in Clearwater as part of their TriRock Series,
which attracts competitors from all over the United States. CGI also owns and operates The Rock and Roll Marathon Series.
CGI will conduct the TriRock Triathlon; provide a five day event; bring in 1,500 participants, media and VIPs requiring multiple
overnight stays; extensive local and national media coverage; and major sponsor benefits package that include rights to use the TriRock
and City logo in all marketing material. The event is estimated to provide 1500 room nights in its first year.
The City will provide equipment and services to CGI to conduct the event including items such as traffic operations staff, police officers
for event, dumpsters, trash cans, removal of litter, swim course set up, lifeguards and water safety personnel, event security, parks and
recreation event staff, medical coordination, EMS coverage and SunStar transport units, etc. up to an amount not to exceed $30,000.
Any additional City costs over this amount will be reimbursed by CGI to the City.
The City has the right to immediately terminate the agreement by giving written notice to CGI within thirty days of the conclusion of
that years event.
Details of expenses, facilities used and race route will be included in the agreement as exhibits once finalized.
Review Approval:
1) Office of Management and Budget 2) Legal 3) Clerk 4) Assistant City Manager 5) City Manager 6) Clerk
Cover Memo
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Item # 3
Meeting Date:
1/30/2012
Work Session
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Approve renewal of the agreement with Religious Community Services, Inc. (RCS) for provision of contractual victim advocacy
services in the amount of $17,149 and authorize the appropriate officials to execute same. (consent)
SUMMARY:
The Clearwater Police Department (CPD) seeks City Council approval to renew a contractual agreement with RCS (a registered non-
profit organization with four distinct yet interwoven programs, which includes The Haven of RCS) to provide a part-time bilingual
victim advocate position from The Haven to be physically located at CPD headquarters. The victim advocate will work 20 hours per
week and perform the duties associated with the implementation of a domestic violence victim advocacy program with an emphasis on
Spanish-speaking, Hispanic victims for a one-year period.
This is a second year request for the services of a part-time bilingual victim advocate, which has proven to be a very successful
program. The victim advocate provided safety plans for 233 domestic violence victims, 43 of whom were Hispanic, for the period
January 1, 2011 through September 30, 2011. Additionally, there were 210 initiated calls made to the victims of domestic violence and
a total of 362 follow up calls. The victim advocate also assisted the victims at court hearings and State Attorney Investigations.
The Haven of RCS is a state-certified provider of domestic violence victim advocacy services; has a number of Spanish-speaking victim
advocates on staff; and has a long history of partnering with CPD and its victim advocate on domestic violence issues. Pursuant to the
contractual agreement, The Haven of RCS will provide comprehensive domestic violence services on-site at CPD for a total of 400
victims, with an emphasis on Spanish-speaking Hispanics but to include all domestic violence victims.
All expenses will be funded with Special Law Enforcement Trust Fund revenue and charged to Special Project 181-
99356.
Type:
Other
Current Year Budget?:Budget Adjustment:
YesNone
Budget Adjustment Comments:
Current Year Cost:Annual Operating Cost:
$ 12,861.72
$
Not to Exceed:Total Cost:
17,149.00
For Fiscal Year:
2012 to
Appropriation CodeAmountAppropriation Comment
181-9935612,861.72for FY 2012
Review Approval:
1) Office of Management and Budget 2) Legal 3) Clerk 4) Assistant City Manager 5) City Manager 6) Clerk
Cover Memo
Item # 4
Meeting Date:
1/30/2012
Work Session
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Deny a Development Agreement between AEC Sunset Point, LLC (the property owner) and the City of Clearwater for property located
at 2750 and 2754 Sunset Point Road (Lot 2 and a portion of Lot 1, The Elks Subdivision); do not pass Resolution 12-01. (DVA2011-
10001)
SUMMARY:
The development agreement involves the northeastern portion of 2750 and 2754 Sunset Point Road, totaling 6.571 acres of a
19.42 acre property, located on the north side of Sunset Point Road, approximately 477 feet west of Soule Road. City Council
voted (4-1) at its January 12, 2012 meeting to approve a Future Land Use Map amendment from the Institutional (I) classification
to the Industrial Limited (IL) classification and to amend the Zoning Atlas from the Institutional (I) District to the Industrial,
Research and Technology (IRT) District.
The subject site was formerly owned by the Clearwater Elks Lodge and operated as such until 2000; in 2002 the site was sold to
AEC Sunset Point, LLC. The property currently has two buildings (6,840 square feet and 3,664 square feet), one on each parcel,
with small parking lots and driveways to the buildings, which traverse the length of the property and connect to Sunset Point
Road. The property owner intends to expand the current nonconforming manufacturing use to 130,000 square feet.
The Development Agreement proposes manufacturing use of up to 130,000 square feet of non-residential floor area (0.45 Floor
Area Ratio) at a maximum height of 35 feet, whereas the Community Development Code would allow 186,051 square feet (0.65
Floor Area Ratio) at a maximum height of 50 feet. The proposed Development Agreement will be in effect for a period not to
exceed twenty (20) years and requires the Developer to limit the use of the property to offices, research and technology use and
manufacturing. The proposed Agreement will prohibit such uses as warehouse facility, major vehicle service, adult uses,
nightclubs and salvage yards.
The Planning and Development Department has determined that the proposed Development Agreement is inconsistent with the
Citys Comprehensive Plan.
The Community Development Board reviewed the application at its public hearing on December 20, 2011 and recommended
approval (6-1) of the Development Agreement.
Review Approval:
1) Office of Management and Budget 2) Legal 3) Clerk 4) Assistant City Manager 5) City Manager 6) Clerk
Cover Memo
Item # 5
Attachment number 1 \nPage 1 of 2
Item # 5
Attachment number 1 \nPage 2 of 2
Item # 5
Attachment number 2 \nPage 1 of 28
RESOLUTION NO. 12-01
A RESOLUTION OF THE CITY OF CLEARWATER,
FLORIDA APPROVING A DEVELOPMENT AGREEMENT
BETWEEN THE CITY OF CLEARWATER ANDAEC
SUNSET POINT, LLC; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Clearwater is desirous of entering into a development
agreement with Aviation Engineering Consultants, LLC; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF CLEARWATER, FLORIDA:
Section1.The Development Agreement between the City of Clearwater and
AEC Sunset Point, LLC,a copy of which is attached as Exhibit “A,” is hereby approved.
Section 2.This resolution shall take effect immediately upon adoption.
Section 3. The City Clerk is directed to submit a recorded copy of the
Development Agreement to the state land planning agency no later than fourteen (14)
days after the Development Agreement is recorded.
PASSED AND ADOPTED this _______ day of _____________, 2012.
____________________________
Frank V. Hibbard
Mayor
Approved as to form: Attest:
_______________________________________________________
Leslie K. Dougall-SidesRosemarie Call
City Attorney City Clerk
Item # 5
Resolution No. 12-01
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PROJECT
SITE
LOCATION MAP
Aviation Engineering Consultants Sunset Point,
LUP2011-09003
Owners: Case:
10001
LLC
REZ2011-09006 DVA2011-
TOTAL PROPRTY SIZE: 19.42
Property
ACRES
Site: 2750 & 2754 Sunset Point Road
Size(Acres):
PORTION INCLUDED IN
REQUEST: 6.57 ACRES
Land Use Zoning
A PORTION OF 05-29-16-
PIN: 25622-000-0010 and
From :
I I
05-29-16-25622-000-0020
To: IL IRT
Atlas Page: 255A
Item # 5
S:\Planning Department\C D B\Land Use Amendments\Land Use Amendments\Sunset Point 2750 & 2754 LUP2011-09003 - AEC Engineering\Maps\LUP2011-09003,REZ2011-
09006,DVA2011-10001 Location Map.doc
Attachment number 3 \nPage 2 of 7
AERIAL PHOTOGRAPH
Aviation Engineering Consultants Sunset Point,
LUP2011-09003
Owners: Case:
10001
LLC
REZ2011-09006 DVA2011-
TOTAL PROPRTY SIZE: 19.42
Property
ACRES
Site: 2750 & 2754 Sunset Point Road
Size(Acres):
PORTION INCLUDED IN
REQUEST: 6.57 ACRES
Land Use Zoning
A PORTION OF 05-29-16-
PIN: 25622-000-0010 and
From :
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05-29-16-25622-000-0020
To: IL IRT
Atlas Page: 255A
Item # 5
S:\Planning Department\C D B\Land Use Amendments\Land Use Amendments\Sunset Point 2750 & 2754 LUP2011-09003 - AEC Engineering\Maps\LUP2011-09003,REZ2011-
09006,DVA2011-10001 Aerial Photograph.doc
Attachment number 3 \nPage 3 of 7
2701
RU
I
RL
R/O/R
I
CG
1982
RL
RLM
IL
I
1970
2764
1948
P 2764
27642764
2764
2764
1946
27642764
R/OL
1940
R/O/R
1938
1934
1934
I
R/OG
P
I
R/OG
RM
R/O/R
I
2661
R/OL
I
P
RM
RLI
RM
FUTURE LAND USE MAP
Aviation Engineering Consultants Sunset Point,
LUP2011-09003
Owners: Case:
10001
LLC
REZ2011-09006 DVA2011-
TOTAL PROPRTY SIZE: 19.42
Property
ACRES
Site: 2750 & 2754 Sunset Point Road
Size(Acres):
PORTION INCLUDED IN
REQUEST: 6.57 ACRES
Land Use Zoning
A PORTION OF 05-29-16-
PIN: 25622-000-0010 and
From :
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To: IL IRT
Atlas Page: 255A
Item # 5
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09006,DVA2011-10001 Future Land Use Map.doc
Attachment number 3 \nPage 4 of 7
2701
I
C
I
IRT
1982
MHP
1970
2764
P
1948
2764
27642764
2764
2764
1946
27642764
O
1940
C
1938
1934
1934
I
LMDR
2661
ZONING MAP
Aviation Engineering Consultants Sunset Point,
LUP2011-09003
Owners: Case:
10001
LLC
REZ2011-09006 DVA2011-
TOTAL PROPRTY SIZE: 19.42
Property
ACRES
Site: 2750 & 2754 Sunset Point Road
Size(Acres):
PORTION INCLUDED IN
REQUEST: 6.57 ACRES
Land Use Zoning
A PORTION OF 05-29-16-
PIN: 25622-000-0010 and
From :
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To: IL IRT
Atlas Page: 255A
Item # 5
S:\Planning Department\C D B\Land Use Amendments\Land Use Amendments\Sunset Point 2750 & 2754 LUP2011-09003 - AEC Engineering\Maps\LUP2011-09003,REZ2011-
09006,DVA2011-10001 Zoning Map.doc
Attachment number 3 \nPage 5 of 7
2701
Assisted
Independent
Mobile Home Park
21/03
A
5.85
C(C)
Living Facility
Living Facility
and Nursing
Home
Single Family
Boat, Mobile Home and
Travel Trailer Sales
Homes
2
Self-Storage
1982
Mobile Home
Vacant
Park
25622
1970
Preservation
2764
2
1948
3 2764
Land 5
1
27642764
4
2764
5
2764
1946
6 27642764
7
1
1940
3
Vacant
1938
1934
A
4.23
C
(C)
Phone Utility
1934
24/06
Facility
A
1.31
C
1
Office Church
Church
Offices
2661
4
A
A
1C(C)
C(C)
1
5
Single Family Homes
1
1
16
11
12
14
9
10
15
1
1
1
EXISTING SURROUNDING USES MAP
Aviation Engineering Consultants Sunset Point,
LUP2011-09003
Owners: Case:
10001
LLC
REZ2011-09006 DVA2011-
TOTAL PROPRTY SIZE: 19.42
Property
ACRES
Site: 2750 & 2754 Sunset Point Road
Size(Acres):
PORTION INCLUDED IN
REQUEST: 6.57 ACRES
Land Use Zoning
A PORTION OF 05-29-16-
PIN: 25622-000-0010 and
From :
I I
05-29-16-25622-000-0020
To: IL IRT
Atlas Page: 255A
Item # 5
S:\Planning Department\C D B\Land Use Amendments\Land Use Amendments\Sunset Point 2750 & 2754 LUP2011-09003 - AEC Engineering\Maps\LUP2011-09003,REZ2011-
09006,DVA2011-10001 Existing Surrounding Uses Map.doc
Attachment number 3 \nPage 6 of 7
View looking north at the subject parcel, 2750 Sunset Point Road
View looking north at the subject parcel, 2754 Sunset Point Road
West of the subject property, Preservation landWest of the subject property, office
East of the subject property, single family homes, view from subject siteEast of the subject property, single family homes, view from
Robinwood Drive entrance
LUP2011-09003, REZ2011-09006 & DVA2011-10001
AEC Sunset Point, LLC
Item # 5
2750 and 2754 Sunset Point Road
Attachment number 3 \nPage 7 of 7
East of the subject property, officesEast of the subject property, phone utility facility
Across street, to south of the subject propertyAcross street, to south of the subject property
View looking easterly along Sunset Point RoadView looking westerly along Sunset Point Road
LUP2011-09003, REZ2011-09006 & DVA2011-10001
AEC Sunset Point, LLC
Item # 5
2750 and 2754 Sunset Point Road
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Meeting Date:
1/30/2012
Work Session
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Agree to enter into negotiations to address issues concerning planning and annexation for the areas completely surrounded by the city
not contiguous to city boundaries, in response to Pinellas County Resolution 11-185, and adopt Resolution 12-03.
SUMMARY:
Florida Statutes Chapter 171 Part I establishes statewide standards and procedures for municipal annexation or contraction. In 2006,
Chapter 171 was amended to include Part II, which allows for a county and municipalities to enter into interlocal service boundary
agreements to address a variety of potential issues associated with voluntary and referendum annexations and service delivery and
establish a process for the County, municipalities and independent districts to use.
On December 6, 2011, the Board of County Commissioners adopted Resolution 11-185 initiating the Interlocal Service Boundary
Agreement process to negotiate the ability of a municipality to voluntarily annex property that is located within an enclave completely
surrounded by that same municipality but not contiguous to municipal boundaries (informally described as Type A enclave). This
resolution invited ten municipalities and five independent special districts to participate in the Interlocal Agreement process, and
establishes that this is the sole issue to be negotiated.
The City of Clearwater was invited to participate in this process because it contains several Type A enclaves within the Clearwater
Service Area. In order to participate in the negotiation process, the city must adopt a responding resolution and send it to the County,
each invited municipality, and each independent special district that received the initiating resolution. The County and those
municipalities and independent special districts that decide to participate must begin negotiations within 60 days after the receipt of the
responding resolutions. An invited municipality that fails to adopt a responding resolution waives its right to participate in the
negotiation process and shall be bound by an interlocal agreement resulting from the negotiation process. This process would essentially
re-establish the same authority previously granted to municipalities under Pinellas County Ordinance 00-63, which was in effect from
nd
November 2000 to October 2007. Ordinance 00-63 was invalidated by the 2 District Court of Appeals effective October 2007 in
Cities of Largo and Seminole v. Pinellas County.
The Planning and Development Department recommends approval of Resolution 12-03 responding to the Countys resolution inviting
the city to participate in the Interlocal Service Boundary Agreement process and agreeing to enter into negotiations with the County and
responding municipalities and independent special districts regarding Type A enclaves.
Review Approval:
1) Office of Management and Budget 2) Legal 3) Clerk 4) Assistant City Manager 5) City Manager 6) Clerk
Cover Memo
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Item # 6
Meeting Date:
1/30/2012
Work Session
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Appoint one member to the Municipal Code Enforcement Board to fill the remainder of an unexpired term until October 31, 2014.
SUMMARY:
APPOINTMENT WORKSHEET
Municipal Code Enforcement Board
BOARD:
TERM: 3 years
APPOINTED BY: City Council
FINANCIAL DISCLOSURE: Required
RESIDENCY REQUIREMENT: City of Clearwater
SPECIAL QUALIFICATIONS:
Whenever possible, this Board shall include an architect, engineer, businessperson,
general contractor, sub-contractor & a realtor
MEMBERS: 7
CHAIRPERSON: Michael Boutzoukas
MEETING DATES: 4th Wed., 1:30 p.m.
Nov. and Dec. - TBA
1
APPOINTMENTS NEEDED:
THE FOLLOWING ADVISORY BOARD MEMBER HAS RESIGNED AND NOW REQUIRES REPLACEMENT BY A
NEW APPOINTEE:
1. Donald van Weezel 1290 Gulf Blvd., #1408, 33767 Consultant/BA Economics & Business
Original Appointment: 3/4/10 (1st term to expire 10/31/14)
Resigned (Appointed to CDB at 12/14/11 council meeting)
THE FOLLOWING NAMES ARE BEING SUBMITTED FOR CONSIDERATION TO FILL THE ABOVE VACANCY:
1. Nino Accetta 2724 Via Murano Unit 626, 33764 Business owner/Banking
2. Wayne Carothers 1475 Excaliber Dr., 33764 Pres. Carr A/C & Htg. Inc./Sales Service Inst.
3. John Giotis 851 Bayway Blvd., Yatch House, Unit 103, 33767 Headmaster/School of the Immaculata
4. Robert Luna 774 Snug Island, Island Estates, 33767 Commercial Equipment & Real Estate Funding
5. Herb Quintero 515 Windward Passage, 33767 Contractor
Zip codes of current members:
2 at 33755; 2 at 33759; 2 at 33767
Current Categories:
1 Attorney
1 Clearwater Beach Chamber of Commerce
1 Ins. Claims Adjuster
1 Retired/BA Inst. Court Management
1 Retired/BA Political Science
1 Retail
Cover Memo
Item # 7
Review Approval:
1) Office of Management and Budget 2) Legal 3) Clerk 4) Assistant City Manager 5) City Manager 6) Clerk
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Item # 7
Meeting Date:
1/30/2012
Work Session
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Adopt Ordinance 8294-12 on second reading, amending the future land use plan element of the Comprehensive Plan of the city to
change the land use designation for certain real property whose post office address is 2750 and 2754 Sunset Point Road from
Institutional (I) to Industrial Limited (IL).
SUMMARY:
Review Approval:
Cover Memo
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Item # 8
Meeting Date:
1/30/2012
Work Session
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Adopt Ordinance 8295-12 on second reading, amending the Zoning Atlas of the city by rezoning certain real property whose post office
address is 2750 and 2754 Sunset Point Road, from Institutional (I) to Industrial, Research and Technology (IRT).
SUMMARY:
Review Approval:
Cover Memo
Item # 9
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Item # 9
Meeting Date:
1/30/2012
Work Session
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Adopt Ordinance 8303-12 on second reading, annexing certain real property whose post office addresses are 1848, 1854 and 1855
Diane Drive; 1716 and 1745 Evans Drive; 1725, 1729, 1734, 1737, and 1740 Grove Drive; 1752 and 1759 Lucas Drive; 1807 and 1843
Marilyn Drive; 1808, 1836, and 1845 Skyland Drive; 2826 State Road 590; 2734 and 2747 Terrace Drive; 1745 and 1748 Thomas
Drive, together with all Right of Way of Marilyn Drive abutting Lots 1 and 7, Block H; all Right of Way of Skyland Drive abutting the
South 60 feet of Lot 10, Block H and abutting Lot 2 Block I; all Right of Way of Diane Drive abutting Lot 19, Block I through Lot 2,
Block J, in Carlton Terrace First Addition Subdivision; all Right of Way of Grove Drive abutting Lots 9 and 11, Block 4, in Virginia
Grove Terrace First Addition Subdivision; All Right of Way of Thomas Drive abutting Lot 19, Block 4, in Virginia Grove Terrace
Second Addition Subdivision; all Right of Way of Lucas Drive abutting Lot 17, Block 5 and abutting Lot 13, Block 6, all Right of Way
of Terrace Drive abutting Lot 11, Block 3 in Virginia Grove Terrace Third Addition Subdivision; all Right of Way of Evans Drive
abutting Lot 19 Block 6 in Virginia Grove Terrace Fourth Addition, into the corporate limits of the city and redefining the boundary
lines of the city to include said addition.
SUMMARY:
Review Approval:
Cover Memo
Item # 10
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Item # 10
Meeting Date:
1/30/2012
Work Session
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Adopt Ordinance 8304-12 on second reading, amending the future land use plan element of the Comprehensive Plan of the city to
designate the land use for certain real property whose post office addresses are 1848, 1854 and 1855 Diane Drive; 1716 and 1745 Evans
Drive; 1725, 1729, 1734, 1737, and 1740 Grove Drive; 1752 and 1759 Lucas Drive; 1807 and 1843 Marilyn Drive; 1808, 1836, and
1845 Skyland Drive; 2826 State Road 590; 2734 and 2747 Terrace Drive; 1745 and 1748 Thomas Drive, together with all Right of Way
of Marilyn Drive abutting Lots 1 and 7, Block H; all Right of Way of Skyland Drive abutting the South 60 feet of Lot 10, Block H and
abutting Lot 2 Block I; all Right of Way of Diane Drive abutting Lot 19, Block I through Lot 2, Block J, in Carlton Terrace First
Addition Subdivision; all Right of Way of Grove Drive abutting Lots 9 and 11, Block 4, in Virginia Grove Terrace First Addition
Subdivision; All Right of Way of Thomas Drive abutting Lot 19, Block 4, in Virginia Grove Terrace Second Addition Subdivision; all
Right of Way of Lucas Drive abutting Lot 17, Block 5 and abutting Lot 13, Block 6, all Right of Way of Terrace Drive abutting Lot 11,
Block 3 in Virginia Grove Terrace Third Addition Subdivision; all Right of Way of Evans Drive abutting Lot 19 Block 6 in Virginia
Grove Terrace Fourth Addition, upon annexation into the City of Clearwater, as Residential Low (RL), Preservation (P), and Drainage
Feature Overlay.
SUMMARY:
Review Approval:
Cover Memo
Item # 11
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RM
RM
RL
RL
1848
1845
1843
1836
I
RL
RL
RL
RL
RL
RL
*Parcels at 2734 Terrace
Dr. and 1716 Evans Dr. will
have “P” (Preservation) and
1808
1807
Drainage Feature Overlay
classifications in the rear of
the properties.
P*
P
RL
RU
RL
RU
RU
1759
1752
1748
1745
1745 RU
P
1740
RU
RL
1737
RL
RU
1734
RL
RL
RL
RL
RL
1729
RU
P*
1725
RL
RU
1716
RL
RURL
RU
RU
R/OL
RU
RLRL
WATER
P
RU
RURLRL
RL
RL
RU
FUTURE LAND USE
Owner MULTIPLE OWNERS Case: ATA2011-08003
Property Size (Acres):
DIANE AREA PHASE D: Multiple lots south of Sunset Point 22 PARCELS @ 4.27 acres
Site:
Road, east of US 19 and north of SR 590 (see next page) + 1.366 acres ROW
Rights-of-way (Acres):
Land Use Zoning
Parcels—see next
PIN:
page
From:
RL, P (County) R-3 (County)
To:
RL, P, Drainage Feature LMDR, P (City)
Atlas Page: 264A
Overlay (City)
Item # 11
Meeting Date:
1/30/2012
Work Session
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Adopt Ordinance 8305-12 on second reading, amending the Zoning Atlas of the city by zoning certain real property whose post office
addresses are 1848, 1854 and 1855 Diane Drive; 1716 and 1745 Evans Drive; 1725, 1729, 1734, 1737, and 1740 Grove Drive; 1752 and
1759 Lucas Drive; 1807 and 1843 Marilyn Drive; 1808, 1836, and 1845 Skyland Drive; 2826 State Road 590; 2734 and 2747 Terrace
Drive; 1745 and 1748 Thomas Drive, together with all Right of Way of Marilyn Drive abutting Lots 1 and 7, Block H; all Right of Way
of Skyland Drive abutting the South 60 feet of Lot 10, Block H and abutting Lot 2 Block I; all Right of Way of Diane Drive abutting
Lot 19, Block I through Lot 2, Block J, in Carlton Terrace First Addition Subdivision; all Right of Way of Grove Drive abutting Lots 9
and 11, Block 4, in Virginia Grove Terrace First Addition Subdivision; All Right of Way of Thomas Drive abutting Lot 19, Block 4, in
Virginia Grove Terrace Second Addition Subdivision; all Right of Way of Lucas Drive abutting Lot 17, Block 5 and abutting Lot 13,
Block 6, all Right of Way of Terrace Drive abutting Lot 11, Block 3 in Virginia Grove Terrace Third Addition Subdivision; all Right of
Way of Evans Drive abutting Lot 19 Block 6 in Virginia Grove Terrace Fourth Addition, upon annexation into the City of Clearwater,
as Low Medium Density Residential (LMDR) and Preservation (P).
SUMMARY:
Review Approval:
Cover Memo
Item # 12
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Item # 12
Meeting Date:
1/30/2012
Work Session
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Adopt Ordinance 8306-12 on second reading, amending the Community Development Code Article 3, Development Standards,
adopting Division 25, Sections 3-2501 through 3-2506 providing for food service establishments with a permit to allow patrons dogs
on the premises in designated outdoor seating areas; and amending Appendix A, Section VII, Land Development, to add a permit fee for
dog-friendly restaurants and outdoor cafes.
SUMMARY:
Review Approval:
Cover Memo
Item # 13
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Item # 13
Meeting Date:
1/30/2012
Work Session
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Adopt Ordinance 8308-12 on second reading, amending Ordinance 7371-05 as amended by Ordinance 7598-06, 7948-08 and 8041-09,
which vacated a portion of the 60foot Right of Way of First Avenue, (A.K.A. First Street per field), subject to special conditions,
amending the special conditions.
SUMMARY:
Review Approval:
Cover Memo
Item # 14
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Item # 14
Meeting Date:
1/30/2012
Work Session
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Adopt Ordinance 8309-12 on second reading, amending Ordinance 7372-05 as amended by Ordinances 7947-08 and 8040-09, which
vacated a portion of the easterly one-half of the 70-foot Right of Way of Gulfview Boulevard (A.K.A. South Gulfview Boulevard per
field), subject to special conditions to amend the special conditions
SUMMARY:
Review Approval:
Cover Memo
Item # 15
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Meeting Date:
1/30/2012
Work Session
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Adopt Ordinance 8310-12 on second reading, amending the Community Development Code (CDC) to address general application
requirements, zoning atlas amendments, landscape plans, general provisions of the CDC, setbacks for parking lots, parking demand
studies, temporary uses, business tax receipts, development agreements, nonconforming structures, nonconforming uses, nonconforming
lots, nonconforming accessory use/structures, and the definition of temporary retail sales and displays
SUMMARY:
Review Approval:
Cover Memo
Item # 16
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Meeting Date:
1/30/2012
Work Session
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
City Manager Verbal Reports
SUMMARY:
Review Approval:
Cover Memo
Item # 17
Meeting Date:
1/30/2012
Work Session
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Council Visit to Tallahassee - Councilmember Jonson
SUMMARY:
Review Approval:
Cover Memo
Item # 18
Meeting Date:
1/30/2012
Work Session
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Economic Development along the PAA Corridor - Councilmember Jonson
SUMMARY:
Review Approval:
Cover Memo
Item # 19
Meeting Date:
1/30/2012
Work Session
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Resolution regarding Business Tax Receipts - Councilmember Jonson
SUMMARY:
Review Approval:
Cover Memo
Item # 20
Meeting Date:
1/30/2012
Work Session
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Clergy Appreciation Week Proclamation - Earle Lusk, President of the Clearwater Civitan Club
SUMMARY:
Review Approval:
Cover Memo
Item # 21
Meeting Date:
1/30/2012
Work Session
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Appreciation from UPARC Foundation & Festival of Trees Presentation - Cathy Holland, Executive Director UPARC Foundation
SUMMARY:
Review Approval:
Cover Memo
Item # 22
Meeting Date:
1/30/2012
Work Session
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Outback Bowl - Chuck Riggs, Outback Bowl Board of Directors and Beach Day Chairman
SUMMARY:
Review Approval:
Cover Memo
Item # 23