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09/06/2012 City Council Agenda Location: Council Chambers - City Hall Date: 9/6/2012- 6:00 PM Welcome. We are glad to have you join us. If you wish to speak, please wait to be recognized, then state your name and address. Persons speaking before the City Council shall be limited to three (3) minutes unless otherwise noted under Public Hearings. For other than Citizens to be heard regarding items not on the Agenda, a spokesperson for a group may speak for three (3) minutes plus an additional minute for each person in the audience that waives their right to speak, up to a maximum of ten (10) minutes. Prior to the item being presented, please obtain the needed form to designate a spokesperson from the City Clerk (right-hand side of dais). Up to thirty minutes of public comment will be allowed for an agenda item. No person shall speak more than once on the same subject unless granted permission by the City Council. The City of Clearwater strongly supports and fully complies with the Americans with Disabilities Act (ADA). Please advise us at least 48 hours prior to the meeting if you require special accommodations at 727-562-4090. Assisted Listening Devices are available. Kindly refrain from using beepers, cellular telephones and other distracting devices during the meeting. 1. Call to Order 2. Invocation 3. Pledge of Allegiance 4. Presentations 4.1Carefest Day Proclamation - Pastor Anthony McDaniel of Abundant Life Ministries Attachments 4.2Hispanic Heritage Month Proclamation - Sandra Lythe, CEO of the InterCultural Advocacy Institute Attachments 4.3Library Board Presentation - Judith McSwine, Library Advisory Board Chair Attachments 4.4Update on Homeless Initiative - Dr. Robert Marbut Jr. and Ekaterini Gerakios,Community Development Manager Attachments 5. Approval of Minutes 5.1Approve the minutes of the August 16, 2012 City Council Meeting as submitted in written summation by the City Clerk. Attachments 6. Citizens to be Heard re Items Not on the Agenda Public Hearings - Not before 6:00 PM 7. Administrative Public Hearings - Presentation of issues by City staff - Statement of case by applicant or representative (5 min.) - Council questions - Comments in support or opposition (3 min. per speaker or 10 min maximum as spokesperson for others that have waived their time) - Council questions - Final rebuttal by applicant or representative (5 min.) - Council disposition 7.1Approve request from Calvary Baptist Church (a.k.a. First Baptist Church of Clearwater) to vacate a portion of right-of-way known as Bay Street; vacate that certain utility easement reserved by Ordinance 4509-87; amend Ordinance 8169-10; and pass Ordinance 8332-12 on first reading (VAC2012-01). Attachments 8. Second Readings - Public Hearing 8.1Adopt Ordinance 8349-12 on second reading, making numerous amendments to the Community Development Code to address the recommendations of the Business Task Force. Attachments 8.2Adopt Ordinance 8352-12 on second reading, annexing certain real property whose post office address is 3075 Cherry Lane, together with the abutting right-of-way of McMullen Booth Road, into the corporate limits of the city and redefining the boundary lines of the city to include said addition. Attachments 8.3Adopt Ordinance 8353-12 on second reading, amending the future land use plan element of the Comprehensive Plan by designating the land use of certain real property whose post office address is 3075 Cherry Lane, together with the abutting right-of-way of McMullen Booth Road, upon annexation into the City of Clearwater, as Residential Urban (RU). Attachments 8.4Adopt Ordinance 8354-12 on second reading, amending the Zoning Atlas of the city by zoning certain real property whose post office address is 3075 Cherry Lane, together with the abutting right-of-way of McMullen Booth Road, upon annexation into the City of Clearwater, as Low Medium Density Residential (LMDR). Attachments City Manager Reports 9. Consent Agenda 9.1Approve a one-year funding agreement, in the amount of $163,443, between Jolley Trolley Transportation of Clearwater, Inc. and the City of Clearwater for the operation of transportation and trolley service on Clearwater Beach, Island Estates and Sand Key and authorize the appropriate officials to execute same. (consent) Attachments 9.2Approve the Business Lease Contract between the City of Clearwater and Jolley Trolley Transportation of Clearwater, Inc. for the lease of City-owned property located on the northwest corner of North Myrtle Avenue and Hart Street; and authorize appropriate officials to execute same. (consent) Attachments 9.3Approve the extension of Fire Protection Services Agreement between Pinellas County Fire Protection Authority and City of Clearwater for one year extending until September 30, 2013 and authorize the appropriate officials to execute same. (consent) Attachments 9.4Approve the October 1, 2012 through September 30, 2013 Emergency Medical Services ALS First Responder Agreement Extension between Pinellas County and City of Clearwater and authorize the appropriate officials to execute same. (consent) Attachments 9.5Approve the purchase of excess and specialty insurance policies from October 1, 2012 to October 1, 2013, at an amount not to exceed $725,000, and authorize the appropriate officials to execute same. (consent) Attachments 9.6Approve settlement of the liability claim for payment not to exceed $33,000 and authorize the appropriate officials to execute same. (consent) Attachments 9.7Approve Supplemental 5 Work Order to Engineer of Record (EOR) URS Corporation Southern for Year Three of Remedial Action Plan in the amount of $49,750 and authorize the appropriate officials to execute same. (consent) Attachments 9.8Approve the 5-year Lease, with provision for five 5-year extensions, solely upon agreement of each of the two parties, between the City of Clearwater and Marina Cantina, LLC, owned by Frank Chivas, for 9,285 square feet of interior space and 11,237 square feet of exterior patio space at the Clearwater Marina, and authorize the appropriate officials to execute same. (consent) Attachments 9.9Approve an Interlocal Agreement between the CRA and the City of Clearwater to provide CRA funding in Fiscal Year 2012/2013 in the amount of $149,043.67 to underwrite the cost of additional Community Policing Services by the Clearwater Police Department in the East Gateway CRA District, pursuant to the East Gateway Five-Year Action Program and authorize the appropriate officials to execute same. (consent) Attachments 9.10Approve the First Amendment to Contract for Purchase of Real Property by the City of Clearwater for the purchase of real property located at 409 Cleveland Street, Clearwater, from Ruth Eckerd Hall, Inc., amending provisions requiring delivery of the property without tenants, waiving said requirement, and allowing for delivery of the property with the current tenant in possession only, the Blue Dahlia Marketplace, LLC; and authorize the appropriate officials to execute same, together with all other instruments required to affect closing. (consent) Attachments 9.11Authorize settlement of Chestine v. City of Clearwater, Case 11-00114-CI-015, for payment by City of $50,000.00 in exchange for a full release from plaintiff and dismissal of action with prejudice. (consent) Attachments 9.12Authorize settlement of Szmyglewski v. City of Clearwater, Case 11-004981-CI-007, for payment by City of $50,000.00 in exchange for a full releases from plaintiff and dismissal of action with prejudice. (consent) Attachments 10. Other Items on City Manager Reports 10.1Approve the request to change the name of First Avenue North, a right-of-way under the jurisdiction of the City of Clearwater, to Dimmitt Drive; and adopt Resolution 12-13. Attachments Miscellaneous Reports and Items 11. City Manager Verbal Reports 11.1City Manager Verbal Reports Attachments 12. Closing Comments by Mayor 13. Adjourn City Council Agenda Council Chambers - City Hall Meeting Date:9/6/2012 SUBJECT / RECOMMENDATION: Carefest Day Proclamation - Pastor Anthony McDaniel of Abundant Life Ministries SUMMARY: Review Approval: Cover Memo Item # 1 City Council Agenda Council Chambers - City Hall Meeting Date:9/6/2012 SUBJECT / RECOMMENDATION: Hispanic Heritage Month Proclamation - Sandra Lythe, CEO of the InterCultural Advocacy Institute SUMMARY: Review Approval: Cover Memo Item # 2 City Council Agenda Council Chambers - City Hall Meeting Date:9/6/2012 SUBJECT / RECOMMENDATION: Library Board Presentation - Judith McSwine, Library Advisory Board Chair SUMMARY: Review Approval: Cover Memo Item # 3 City Council Agenda Council Chambers - City Hall Meeting Date:9/6/2012 SUBJECT / RECOMMENDATION: Update on Homeless Initiative - Dr. Robert Marbut Jr. and Ekaterini Gerakios,Community Development Manager SUMMARY: Review Approval: Cover Memo Item # 4 Attachment number 1 \nPage 1 of 32 Item # 4 In the past: •Drinking / Drugging •Encampments •Panhandling •Sleeping in Parks Attachment number 1 \nPage 2 of 32 Item # 4 •Presentation to City Council •11 function areas •47 recommendations •Contract Renewed on June 15th •Homeless Committee Meeting on June 25th Attachment number 1 \nPage 3 of 32 Item # 4 •Clearwater Used To Be VERY Enabling •“Magnets” Were Poorly Aligned OBSERVATIONS Attachment number 1 \nPage 4 of 32 Item # 4 Attachment number 1 \nPage 5 of 32 Item # 4 Attachment number 1 \nPage 6 of 32 Item # 4 Attachment number 1 \nPage 7 of 32 Item # 4 Attachment number 1 \nPage 8 of 32 Item # 4 Attachment number 1 \nPage 9 of 32 Item # 4 Attachment number 1 \nPage 10 of 32 Item # 4 Attachment number 1 \nPage 11 of 32 Item # 4 Attachment number 1 \nPage 12 of 32 Item # 4 Attachment number 1 \nPage 13 of 32 Item # 4 Attachment number 1 \nPage 14 of 32 Item # 4 Attachment number 1 \nPage 15 of 32 Item # 4 PROGRESS 11 FUNCTION AREAS Attachment number 1 \nPage 16 of 32 Item # 4 CHANGE IN CULTURE •Enabling --> Engaging Attachment number 1 \nPage 17 of 32 Item # 4 •Sleeping in Parks •Trespassing •Street Feeding •Hanging Out in Libraries REALIGNMENT OF MAGNETS Attachment number 1 \nPage 18 of 32 Item # 4 •5 Revised/New Ordinances Passed •Training of PD and City Staff •No Trespass Affidavits and Signs •Education Phase •Engagement Phase I ORDINANCES Attachment number 1 \nPage 19 of 32 Item # 4 •Property/Business Owners •Money Out The Window •Street Feeding •Donations to Social Service Agencies COMMUNITY-WIDE PARTICIPATION Attachment number 1 \nPage 20 of 32 Item # 4 •CPD and Directions for Living •Informal Warnings •Formal Warnings •% NTA •% Voluntary •New People in the System STREET LEVEL OUTREACH Attachment number 1 \nPage 21 of 32 Item # 4 •Pinellas County Sheriff’s Office •Public Defender •Clearwater Agencies •Directions, JWB, 2-1-1 •St. Pete and Pinellas Park ACTIVE COORDINATION WITH OTHER AGENCIES Attachment number 1 \nPage 22 of 32 Item # 4 •Defensible Design Space •Abandoned/Vacant Properties •Homeless Families and Children OTHER ACTIVITIES Attachment number 1 \nPage 23 of 32 Item # 4 •265-300Pre-PSH (2 years ago) •180-195May 17, 2012 •145-165August 2, 2012 •50-60August 24, 2012 RESULTS TO-DATE Attachment number 1 \nPage 24 of 32 Item # 4 Attachment number 1 \nPage 25 of 32 Item # 4 Attachment number 1 \nPage 26 of 32 Item # 4 Attachment number 1 \nPage 27 of 32 Item # 4 Attachment number 1 \nPage 28 of 32 Item # 4 Attachment number 1 \nPage 29 of 32 Item # 4 Attachment number 1 \nPage 30 of 32 Item # 4 •Continue Implementation •Engagement Phase II •Homeless Outreach •Encampment Initiative NEXT STEPS Attachment number 1 \nPage 31 of 32 Item # 4 •Reach Out to Street Feeders •Library Initiative •Families and Children NEXT STEPS Attachment number 1 \nPage 32 of 32 Item # 4 City Council Agenda Council Chambers - City Hall Meeting Date:9/6/2012 SUBJECT / RECOMMENDATION: Approve the minutes of the August 16, 2012 City Council Meeting as submitted in written summation by the City Clerk. SUMMARY: Review Approval: Cover Memo Item # 5 Council 2012-08-16 1 CITY COUNCIL MEETING MINUTES CITY OF CLEARWATER August 16, 2012 Present: Mayor George N. Cretekos, Vice Mayor Paul Gibson, Councilmember Doreen Hock-DiPolito, Councilmember Bill Jonson, and Councilmember Jay E. Polglaze. Also Present: William B. Horne II - City Manager, Jill S. Silverboard - Assistant City Manager, Rod Irwin - Assistant City Manager, Pamela K. Akin - City Attorney, Rosemarie Call - City Clerk, and Nicole Sprague - Official Records and Legislative Services Coordinator. To provide continuity for research, items are agenda order although not necessarily discussed in that order. Unapproved 1. Call to Order – Mayor George N. Cretekos The meeting was called to order at 6:00 p.m. at City Hall. 2. Invocation – Rev. Glad McCurtin from St. John’s Episcopal Church. 3. Pledge of Allegiance – Councilmember Bill Jonson 4. Presentations – None. 4.1 No item 5. Approval of Minutes 5.1 Approve the minutes of the August 2, 2012 City Council Meeting as submitted in written summation by the City Clerk. Councilmember Bill Jonson moved to approve the minutes of the August 2, 2012 City Council Meeting as submitted in written summation by the City Clerk. The motion was duly seconded and carried unanimously. 6. Citizens to be Heard re Items Not on the Agenda – None. draft Attachment number 1 \nPage 1 of 13 Item # 5 Council 2012-08-16 2 Public Hearings - Not before 6:00 PM 7. Administrative Public Hearings 7.1 Approve amendments to the Clearwater Comprehensive Plan removing provisions and maps associated with implementing school concurrency, amending certain provisions of the Capital Improvements Element for consistency with Florida State Statutes and updating Map A-3 Future Land Use: 2018, Map A-14 Citywide Design Structure and Map E-1 Coastal Storm Area (Including Coastal High Hazard Area), and pass Ordinance 8334-12 on first reading. (CPA2012-04001) In 2011, the Florida Legislature passed the Community Planning Act, which removed state-mandated concurrency requirements for schools for all local governments. The School Planning Workgroup, which consists of staff from each of the local governments previously required to implement school concurrency, the School District, and the Pinellas Planning Council, met in July 2011 to review the legislative changes and options, and subsequently recommended to the Pinellas Schools Collaborative that school concurrency be discontinued. The Collaborative, which consists of elected officials from Pinellas County, twelve municipalities, and the School Board, agreed with the Workgroup’s recommendation and voted to approve amendments to the Public Schools Interlocal Agreement in April 2012 that eliminated the sections related to the implementation of school concurrency. At their June 20, 2012 meeting, the Clearwater City Council approved these amendments to the Public Schools Interlocal Agreement. Amendments to the Clearwater Comprehensive Plan are needed to remove references to school concurrency in several Elements of the Plan. The Community Planning Act (2011) also revised statutory requirements related to the Capital Improvements Element. The Act maintained the requirement that the Capital Improvements Element be reviewed annually, but updates to the schedule of capital improvements may now be processed by ordinance and will not be considered amendments to the Plan, thereby eliminating the need to submit the annual update for state review. The Act also eliminated the requirement for the element to demonstrate financial feasibility. Therefore, this amendment revises the Capital Improvements Element by modifying policies related to these provisions. Several miscellaneous map items are also included within this proposed amendment. Proposed Ordinance 8334-12 includes the following amendments: draft Attachment number 1 \nPage 2 of 13 Item # 5 Council 2012-08-16 3 Amends the table of maps for language to be consistent with the proposed amendments in this ordinance. Deletes portions of the Future Land Use Element, Intergovernmental Coordination Element, Capital Improvements Element and Public School Facilities Element related to school concurrency implementation. Amends language in the Coastal Management Element that references map E-1 to be consistent with the new proposed maps E-1A and E-1B (Coastal Storm Area). Amends the Capital Improvements Element to be consistent with Florida State Statutes by removing requirements that an update to the schedule of capital improvements necessitates an amendment to the comprehensive plan and that this schedule of improvements be financially feasible. The financially feasible requirement is replaced with a provision requiring that projects listed in the 5-year schedule be identified as funded or unfunded and given a level of priority. Amends Map A-3 Future Land Use: 2018 to have consistent legend nomenclature with the table after Policy A.2.2.1 (updating the “Water – Water/Drainage Feature” classification and the “Drainage Feature Overlay” classification). Amends Map A-14 Citywide Design Structure which showed La Belle Plaza, a Multi-Neighborhood Shopping Center located on the east side of Highland Avenue north of Belleair Road, as extending all the way to Nursery Road. The proposed amended map depicts the correct parcel boundaries of La Belle Plaza with the northern parcel boundary lying approximately 315 feet south of Nursery Road. Amends Map E-1 Coastal Storm Area by replacing it with two maps, one showing the west, or Gulf, side of the City (E-1A) and the other showing the east, or Bay, side of the City (E-1B). In 2010, the Florida Department of Community Affairs officially recognized the most recent update of the Sea, Lake, and Overland Surges from Hurricanes (SLOSH) computerized storm surge model, prepared by FEMA in 2009, which is used in determining the location of the Coastal High Hazard Area (CHHA) and the City’s Coastal Storm Area (CSA). With the release of the updated model, new maps must be adopted into local comprehensive plans. Deletes all maps associated with the Public School Facilities Element. These maps will be moved to the Comprehensive Plan’s data and analysis section, thereby eliminating the need to amend the plan when this map series is updated. draft Attachment number 1 \nPage 3 of 13 Item # 5 Council 2012-08-16 4 The Community Development Board (CDB) reviewed the proposed amendment at its meeting on July 17, 2012 and unanimously recommended the amendment for approval. Vice Mayor Paul Gibson moved to approve amendments to the Clearwater Comprehensive Plan removing provisions and maps associated with implementing school concurrency, amending certain provisions of the Capital Improvements Element for consistency with Florida State Statutes and updating Map A-3 Future Land Use: 2018, Map A-14 Citywide Design Structure and Map E-1 Coastal Storm Area (Including Coastal High Hazard Area). The motion was duly seconded and carried unanimously. Councilmember Bill Jonson moved to pass Ordinance 8334-12 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Mayor George N. Cretekos, Vice Mayor Paul Gibson, Councilmember Doreen Hock-DiPolito, Councilmember Bill Jonson, and Councilmember Jay E. Polglaze. "Nays": None. 7.2 Approve amendments to the Community Development Code addressing the general provisions of the Code, docks, fences and walls, tree removal permits, temporary uses, Level One (minimum development standards) approvals, and definitions and pass Ordinance 8349-12 on first reading. The Clearwater Business Task Force (BTF) was established on April 7, 2011 by the City Council to provide feedback on the current rules and regulations affecting businesses and business development. The BTF submitted its final report to City Council on August 29, 2011. The report consisted of 71 recommendations to change public perceptions about being business friendly, streamline development application processes and enable greater signage flexibility. City staff reviewed each of the recommendations and presented to City Council ideas as to how some of them may be adopted as well as a prospective timeframe for these adoptions to occur. At the direction of the City Council, staff prepared a text amendment to the Community Development Code (CDC) addressing the more straightforward recommendations of the BTF as well as a few amendments proposed by staff. These changes were reviewed by the Community Development Board (CDB) at its meeting of December 20, 2011, at which time the Board recommended the approval of the amendment. City Council passed and adopted the Ordinance on second reading on February 2, 2012. Staff is now proposing a second text amendment to address further recommendations of the BTF or that would otherwise assist in fulfilling their goals, as well as additional items proposed draft Attachment number 1 \nPage 4 of 13 Item # 5 Council 2012-08-16 5 by staff. Ordinance 8349-12 includes amendments addressing numerous sections of the CDC; some of which are a result of the recommendations of the BTF while others are initiated by staff. Below is a summary of the substantive amendments included in the ordinance. • Increases the maximum amount of floor area able to be occupied by accessory uses to an overnight accommodation use in the Tourist District from 10 percent to 15 percent through the Flexible Standard Development (FLS) process, and from 15 percent to 20 percent through the Flexible Development (FLD) process; • Establishes the Retail Plazas use in the Commercial (C), Tourist (T), and Downtown (D) Districts within all available use tiers. The use allows for interchangeability between certain uses within a retail shopping center development; • Separates the Bars use from the current Nightclubs, Taverns and Bars use, and provides for definitions that distinguish the uses from one another; • Expands the Mixed Use into the Minimum Standard and Flexible Standard Development (FLS) tiers of the Commercial (C) District; • Modifies the lot area, lot width, maximum height, front setback and/or rear setback for the Office, Restaurant, and Retail Sales and Services uses within the Flexible Standard Development (FLS) tier of the Commercial (C), Tourist (T), and/or Office (O) Districts so that more applications may be processed administratively; • The off-street parking requirements for Assisted Living, Community Residential Homes, Detached Dwellings, Medical Clinics, Nursing Homes, and Offices are modified to be consistent throughout the CDC; • The off-street parking requirement for Restaurants is reduced from 15 to 12/1,000 square feet of gross floor area with the exception of the Downtown (D) District where the parking is reduced from 12 to 10/1,000. The reductions in off-street parking rates are based upon staff experience with development proposals, as well as comparisons to other municipal codes and Institute of Traffic Engineers (ITE) parking generation data; • Allows the establishment of Restaurant and/or Retail Sales and Services uses on those properties within the Retail and Restaurant District of Beach by Design without the provision of off-street parking; • Allows swimming pools/decks that are accessory to an Attached Dwellings, Overnight Accommodations, or Resort Attached Dwellings use on Clearwater Beach to be permitted with a rear setback of zero feet; • Clarifies that only one dock structure is permitted for a single-family or two- family dwelling; • Numerous changes clarifying the provisions of Article 3, Division 8, Fences and Walls; and • Establishes the temporary use, Temporary Buildings draft Attachment number 1 \nPage 5 of 13 Item # 5 Council 2012-08-16 6 During Construction to allow businesses that are in the midst of renovations to be able to bring temporary buildings onto the site and still be able to function/operate. The CDB reviewed the proposed text amendment at its meeting of July 17, 2012. The Board unanimously recommended the amendment for approval. In response to questions, Planning Manager Robert Tefft said change of uses for retail, restaurants and office could be a Flexible Standard Development approval depending on the lot size, lot area, side and rear setbacks, and parking. He said that the number of Level 1 approvals has expanded and applicants have the right to appeal a decision to the Community Development Board. In response to a concern regarding lack of parking, Mr. Tefft clarified that in a 2-block stretch on north Clearwater Beach, a parking garage could be built should an applicant come forward. Councilmember Jay Polglaze moved to approve amendments to the Community Development Code addressing the general provisions of the Code, docks, fences and walls, tree removal permits, temporary uses, Level One (minimum development standards) approvals, and definitions. The motion was duly seconded and carried unanimously. Vice Mayor Paul Gibson moved to pass Ordinance 8349-12 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Mayor George N. Cretekos, Vice Mayor Paul Gibson, Councilmember Doreen Hock-DiPolito, Councilmember Bill Jonson, and Councilmember Jay E. Polglaze. "Nays": None. 7.3 Approve the Annexation, Initial Land Use Plan Designation of Residential Urban (RU) and Initial Zoning Atlas Designation of Low Medium Density Residential (LMDR) District for 3075 and 3087 Cherry Lane (Consisting of a portion of the south of the southeast of the northwest of the northwest of Section 16, Township 29 South, Range 16 East); and pass Ordinances 8352-12, 8353-12 and 8354-12 on first reading. (ANX2012-05004) This voluntary annexation petition involves a 0.248-acre property consisting of two parcels of land occupied by two single-family dwellings. It is located on the southwest corner of Cherry Lane and McMullen Booth Road. The applicant is requesting this annexation in order to receive sanitary sewer and solid waste draft Attachment number 1 \nPage 6 of 13 Item # 5 Council 2012-08-16 7 service from the City. The Planning and Development Department is requesting that the 0.489-acres of abutting McMullen Booth Road right-of-way not currently within the city limits also be annexed. The property is located within an enclave and is contiguous to existing City boundaries to the south. It is proposed that the property be assigned a Future Land Use Plan designation of Residential Urban (RU) and a zoning category of Low Medium Density Residential (LMDR). The Planning and Development Department determined that the proposed annexation is consistent with the provisions of Community Development Code Section 4-604.E as follows: The property currently receives water service from the City of Clearwater. The closest sanitary sewer line was extended down the adjacent Cherry Lane right-of- way at the property owner’s expense. The applicant has paid the City's sewer impact and assessment fees. Collection of solid waste will be provided by the City of Clearwater. The property is located within Police District III and service will be administered through the district headquarters located at 2851 N. McMullen Booth Road. Fire and emergency medical services will be provided to this property by Station 49 located at 565 Sky Harbor Drive. The City has adequate capacity to serve this property with sanitary sewer, solid waste, police, fire and EMS service. The proposed annexation will not have an adverse effect on public facilities and their levels of service; and The proposed annexation is consistent with and promotes the following objective of the Clearwater Comprehensive Plan: Objective A.6.4: Due to the built-out character of the City of Clearwater, compact urban development within the urban service area shall be promoted through application of the Clearwater Community Development Code. Objective A.7.2 Diversify and expand the City’s tax base through the annexation of a variety of land uses located within the Clearwater Planning Area. Policy A.7.2.3 Continue to process voluntary annexations for single-family residential properties upon request. The proposed RU Future Land Use Plan category is consistent with the current Countywide Plan designation of this property. This designation primarily permits residential uses at a density of 7.5 units per acre. The proposed zoning district to be assigned to the property is the Low Medium Density Residential (LMDR) District. The use of the subject property is consistent with the uses allowed in the District. The parcel located at 3075 Cherry Lane meets the District’s minimum dimensional requirements. The parcel located at 3087 Cherry Lane exceeds the District’s minimum dimensional requirements; however, the existing structure draft Attachment number 1 \nPage 7 of 13 Item # 5 Council 2012-08-16 8 exceeds the maximum height standards and encroaches into the setbacks established for Minimum Standard Development in the LMDR District. Therefore, when this property is annexed, the dwelling will be a non-conforming structure. The proposed annexation is consistent with the Countywide Plan and the City’s Comprehensive Plan and Community Development Code; and The property proposed for annexation is contiguous to existing City boundaries to the south; therefore the annexation is consistent with Florida Statutes Chapter 171.044. Councilmember Bill Jonson moved to approve the Annexation, Initial Land Use Plan Designation of Residential Urban (RU) and Initial Zoning Atlas Designation of Low Medium Density Residential (LMDR) District for 3075 and 3087 Cherry Lane (Consisting of a portion of the south of the southeast of the northwest of the northwest of Section 16, Township 29 South, Range 16 East). The motion was duly seconded and carried unanimously. Councilmember Doreen Hock-DiPolito moved to pass Ordinance 8352-12 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Mayor George N. Cretekos, Vice Mayor Paul Gibson, Councilmember Doreen Hock-DiPolito, Councilmember Bill Jonson, and Councilmember Jay E. Polglaze. "Nays": None. Councilmember Jay E. Polglaze moved to pass Ordinance 8353-12 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Mayor George N. Cretekos, Vice Mayor Paul Gibson, Councilmember Doreen Hock-DiPolito, Councilmember Bill Jonson, and Councilmember Jay E. Polglaze. "Nays": None. Vice Mayor Paul Gibson moved to pass Ordinance 8354-12 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Mayor George N. Cretekos, Vice Mayor Paul Gibson, Councilmember Doreen Hock-DiPolito, Councilmember Bill Jonson, and Councilmember Jay E. Polglaze. draft Attachment number 1 \nPage 8 of 13 Item # 5 Council 2012-08-16 9 "Nays": None. 8. Second Readings - Public Hearing 8.1 Adopt Ordinance 8343-12 on second reading, relating to signs; amending Section 102 of Article 8, Definitions and Rules of Construction of the Community Development Code; Repealing Division 18 of Article 3, Development Standards, of the Community Development Code and adopting a new Division 18, Signs, of Article 3, Development Standards, of the Community Development Code. Ordinance 8343-12 was presented and read by title only. Councilmember Bill Jonson moved to amend Exhibit 1 of Ordinance 8343-12, Section 3- 1806.O on page 11 to read as follows: Window signs may be located on any window area provided such sign or combination of signs do not exceed twenty five percent (25%) of the total window area on any façade. All signs located inside an enclosed area for purposes of advertising shall be construed to be window signs. In no case shall the cumulative area of all window signs on any façade exceed fifty square feet. The motion was duly seconded and carried unanimously. Councilmember Bill Jonson moved to amend Exhibit 1 of Ordinance 8343-12, Section 3- 1807.B.4.c.ii on page 21 to read as follows: Plastic signs, white marker boards, letter track panels (for manually changeable copy), acrylic/plastic panels, hand painted and spray painted copy, tri-folded signs, signs supported by two or more legs that extend three inches or more beyond the face of the sign , bases with hinged feet that fold flat and other similar features and sign designs shall be prohibited. Swinger style sidewalk signs shall also be prohibited unless of a unique design as determined by the community development coordinator. The motion was duly seconded and carried unanimously. Councilmember Bill Jonson moved to amend Exhibit 1 of Ordinance 8343-12, Section 3- 1808.C.4.a on page 25 to read as follows: Attached signs—The maximum area permitted for attached signage shall range from one percent up to a maximum of six percent of the building facade to which the sign is to be attached. In no event shall the size of an attached sign exceed one hundred fifty 200 square feet. For regional malls, the maximum size of any attached sign that is otherwise allowed shall not exceed six percent of the building facade facing the street, but in no case more than three hundred square feet. The motion was duly seconded and carried unanimously. draft Attachment number 1 \nPage 9 of 13 Item # 5 Council 2012-08-16 10 One individual spoke in opposition. Councilmember Doreen Hock-DiPolito moved to adopt Ordinance 8343-12 on second and final reading, as amended. The motion was duly seconded and upon roll call, the vote was: "Ayes": Mayor George N. Cretekos, Vice Mayor Paul Gibson, Councilmember Doreen Hock-DiPolito, Councilmember Bill Jonson, and Councilmember Jay E. Polglaze. "Nays": None. City Manager Reports 9. Consent Agenda – Approved as submitted. 9.1 Approve a Joint Project Agreement with Pasco County to install natural gas mains, by roadway contractor, along Ridge Road (CR 524) from Broad Street to Moon Lake/Decubellis Road, as part of a roadway improvement project at an estimated cost of $448,313.25, and authorize the appropriate officials to execute same. (consent) 9.2 Approve Change Order 1 to Layne Inliner, LLC (Reynolds Inliner), in the amount of $400,000.00 for sanitary sewer line cleaning and inspection at various locations throughout the City of Clearwater for a new contract total of $1,200,000.00; and authorize the appropriate officials to execute same. (consent) 9.3 Authorize the City Attorney to allocate up to an additional $50,000.00 for defense of Szlechta v. City and Rudman v. City through trial. (consent) 9.4 Authorize the City Attorney to hire Thompson, Sizemore, Gonzalez and Hearing to represent the City in the case of John Klinefelter et. al v. City of Clearwater for the total estimated amount of $50,000.00. (consent) 9.5 Authorize the City Attorney to utilize the legal services of Bob Reid, Esq. in connection with the Operating and Use Agreement being negotiated for the Capitol Theater in an amount not to exceed $20,000. Councilmember Jay Polglaze moved to approve the Consent Agenda as submitted and authorize the appropriate officials to execute same. The motion was duly seconded and carried unanimously. draft Attachment number 1 \nPage 10 of 13 Item # 5 Council 2012-08-16 11 10. Other Items on City Manager Reports 10.1 Approve the request to change the name of First Avenue North, a right-of-way under the jurisdiction of the City of Clearwater, to Dimmitt Drive; and adopt Resolution 12-13. Owners of Dimmitt Chevrolet and Cadillac have submitted a request to the City to change the name of First Avenue North to Dimmitt Drive. The subject street extends from its western terminus at US Highway 19 North to its eastern terminus at Chautauqua Avenue for a total length of approximately 546 feet. Lawrence Dimmitt, III and LHD Properties, Ltd. own all property fronting both the north and south sides of First Avenue North; both owners are associated with the Dimmitt dealership operations. Pinellas County and the local Postmaster of the United States Postal Service have each submitted a letter of no objection to the request. The Engineering Department conducted an interdepartmental review of the request. Representatives of all City departments, potentially affected by the vacation, have no objection to the request. Vice Mayor Paul Gibson moved to continue Item 10.1 to September 6, 2012. The motion was duly seconded and carried unanimously. Miscellaneous Reports and Items 11. City Manager Verbal Reports 11.1 Declare City-owned property at 401 Cleveland Street (Property) as needed for municipal purposes other than the purpose provided for in that certain lease entered into between the City of Clearwater (City) and the Greater Clearwater Chamber of Commerce (Chamber) on January 27, 2011, which currently encumbers the Property; and authorize staff to provide sixty days notice to the Chamber of termination of the current lease for municipal purpose as provided for in Section 17(d) of the lease. The City entered into an Amended and Restated Business Lease Contract (Lease) with the Greater Clearwater Chamber of Commerce on January 27, 2011 for the Chamber’s occupancy of City-owned property at 401 Cleveland Street. The current Lease expires on February 28, 2013. Pursuant to the Lease, the City may terminate the Lease upon determination by the City Council at a draft Attachment number 1 \nPage 11 of 13 Item # 5 Council 2012-08-16 12 duly constituted City Council Meeting that the Lease premises are needed for other municipal purposes. The City and Ruth Eckerd Hall, Inc. are negotiating the terms of a lease for the expansion, renovation and operation of the Capitol Theatre. 401 Cleveland Street is adjacent to the Capitol Theatre and is included in the theatre expansion and renovation plans. Ruth Eckerd Hall, Inc. has approached the City with a request for access to the Property by the first week of November 2012 to begin renovations. With direction from Council, staff will provide sixty days notice of termination of the Lease to the Greater Clearwater Chamber of Commerce. Councilmember Doreen Hock-DiPolito declared a conflict of interest and abstained from voting. Councilmember Jay Polglaze moved to declare City-owned property at 401 Cleveland Street (Property) as needed for municipal purposes other than the purpose provided for in that certain lease entered into between the City of Clearwater (City) and the Greater Clearwater Chamber of Commerce (Chamber) on January 27, 2011, which currently encumbers the Property; and authorize staff to provide sixty days notice to the Chamber of termination of the current lease for municipal purpose as provided for in Section 17(d) of the lease. The motion was duly seconded and carried unanimously. Resolution 12-14 was presented and read by title only. Vice Mayor Paul Gibson moved to adopt Resolution 12-14. The motion was duly seconded and upon roll call, the vote was: "Ayes": Mayor George N. Cretekos, Vice Mayor Paul Gibson, Councilmember Bill Jonson, and Councilmember Jay E. Polglaze. "Nays": None. 12. Other Council Action 12.1 Resolution Endorsing Establishment of a Comprehensive Public Transit System - Councilmembers Hock-DiPolito and Jonson Councilmember Doreen Hock-DiPolito and Councilmember Bill Jonson reviewed changes to the resolution suggested during the August 13, 2012 Council Work Session. draft Attachment number 1 \nPage 12 of 13 Item # 5 Council 2012-08-16 13 Councilmember Bill Jonson moved to endorse establishment of a Comprehensive Public Transit System. The motion was duly seconded and carried unanimously. Councilmember Bill Jonson moved to substitute the resolution presented at work session with amended resolution, to include exhibits from original resolution. The motion was duly seconded and carried unanimously. Vice Mayor Paul Gibson moved to amend Section 6 to read: The City of Clearwater urges the development of a cost-benefit analysis documentation relating to alternative design options and their benefits prior to any funding referendum and City of Clearwater support is subject to final cost and benefit documentation reviews. The motion was duly seconded and carried unanimously. Resolution 12-15 was presented and read by title only. Councilmember Doreen Hock- DiPolito moved to adopt Resolution 12-15 as amended. The motion was duly seconded and upon roll call, the vote was: "Ayes": Mayor George N. Cretekos, Vice Mayor Paul Gibson, Councilmember Doreen Hock-DiPolito, Councilmember Bill Jonson, and Councilmember Jay E. Polglaze. "Nays": None. 13. Closing Comments by Mayor Mayor George N. Cretekos reviewed recent and upcoming events and encouraged business owners to cleanup properties prior to the Republican National Convention (August 27 – August 30) and place signs welcoming delegates. 14. Adjourn The meeting was adjourned at 7:10 p.m. Mayor City of Clearwater Attest City Clerk draft Attachment number 1 \nPage 13 of 13 Item # 5 City Council Agenda Council Chambers - City Hall Meeting Date:9/6/2012 SUBJECT / RECOMMENDATION: Approve request from Calvary Baptist Church (a.k.a. First Baptist Church of Clearwater) to vacate a portion of right-of-way known as Bay Street; vacate that certain utility easement reserved by Ordinance 4509-87; amend Ordinance 8169-10; and pass Ordinance 8332-12 on first reading (VAC2012-01). SUMMARY: In 2010, First Baptist Church of Clearwater, Inc.,(Applicant), requested the vacation of several portions of City rights-of-way for the construction of athletic facilities. Council approved the request and passed Ordinance 8169-10. In an oversight at that time, the Applicant failed to include a portion of Bay Street in its vacation request to accommodate its future expansion plans. Those plans now include the expansion of the existing athletic facilities complex. The portion of Bay Street now proposed for vacation is an unimproved right-of-way. Ordinance 8169-10 included vacated property beyond the limits of the right-of-way. Ordinance 8332-12 will amend Ordinance 8169-10 and will provide the correct legal description. In 1987, a drainage and utility easement adjacent to Bay Street was reserved by the City. This easement is not needed for City use and will be rendered inaccessible with the adoption of Ordinance 8332-12. Progress Energy, Bright House, Knology and Verizon have no facilities within the right-of-way proposed for vacation and have no objection to the request. The Engineering Department conducted an interdepartmental review of the vacation request. All City service and utility providers, potentially affected by the vacation, have no objection to the request. Review Approval: Cover Memo Item # 6 AMENDMENT TOOR. 8169-10 PROPOSED VACATIONof PORTION of BAY ST. VACATE a DRAINAGE& UTILITY EASEMENTBAYVIEW AVE MEAD OW LARK LN GULF-TO-BAY BLVD McMULL EN-BOOTH RD CHERRY LN CAROLINA AVE BAY ST KENTUCKY AVE TENNESSEE AVE JOHNS PKWY LOCATION MAP Prepared by:Engineering DepartmentGeographic Technology Division100 S. Myrtle Ave, Clearwater, FL 33756Ph: (727)562-4750, Fax: (727)526-4755www.MyClearwater.com CRMC_LN.T.S.292A16-29S-16E07/30/2012Map Gen By:Reviewed By:S-T-R:Grid #:Date:Scale: Vacation and Amendment of Ordinanceof Portion of Bay St.Ord. #8332-12 Attachment number 1 \nPage 1 of 1 Item # 6 Ordinance No. 8332-12 ORDINANCE NO. 8332-12 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, VACATING THAT CERTAIN PORTION OF LAND LYING EAST OF AND ADJACENT TO, BLOCK 2, MAP OR PLAT ENTITLED “BAY VIEW CITY SUBDIVISION,” AS RECORDED IN PLAT BOOK 9, PAGE 43, OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA, AND VACATING THAT CERTAIN 15-FOOT DRAINAGE AND UTILITY EASEMENT BEING 7-1/2 FEET EACH SIDE OF THE ORIGINAL CENTERLINE OF VACATED KENTUCKY AVENUE LYING SOUTH OF LOTS 6 AND 7, BLOCK 2 AND NORTH OF LOTS 4 AND 5, BLOCK 3, BAY VIEW CITY SUBDIVISION, ACCORDING TO THE MAP OR PLAT THEREOF AS RECORDED IN PLAT BOOK 9, PAGE 43 OF THE PUBLIC RECORDS OF PINELLAS COUNTY FLORIDA, AND AMENDING ORDINANCE NO. 8169-10, WHICH VACATED A PORTION OF LAND LYING EAST OF LOT 5, BLOCK 2, BAY VIEW CITY SUBDIVISION INACCURATELY; PROVIDING AN EFFECTIVE DATE. WHEREAS, First Baptist Church of Clearwater, Inc., a.k.a. Calvary Baptist Church of Clearwater, owner of real property adjoining the right-of-way described herein and depicted in Exhibit “A” attached hereto, has requested that the City vacate said right-of- way; and WHEREAS, the Drainage and Utility Easement described herein and depicted in Exhibit “B” attached hereto, recorded in Book 6645, Page 670 of the Official Records of Pinellas County, Florida, is not utilized by the City for drainage and utility purposes and will be rendered unusable following the vacation of the right-of-way described herein and depicted in Exhibit “A;” and WHEREAS, Ordinance 8169-10, passed and adopted by the Clearwater City Council on June 17, 2010, vacated various portions of right-of-way, of which, it has been determined that the legal description of one portion of right-of-way vacated by the aforementioned ordinance is inaccurate; and WHEREAS, the City Council finds that said right-of-way (Exhibit “A”) and easement (Exhibit “B”) are not necessary for public use, thus should be vacated, and it is it is deemed that Ordinance 8169-10 be amended to provide an accurate legal description and a corrected exhibit, attached hereto as Exhibit “C,” also be appended to Ordinance 8169-10, as these actions are in the best interest of the City and the general public; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following: Attachment number 2 \nPage 1 of 6 Item # 6 Ordinance No. 8332-12 That certain portion of land lying east of and adjacent to Block 2, map or plat entitled “Bay View City Subdivision” as recorded in Plat Book 9, Page 43, of the Public Records of Pinellas County, Florida, being more particularly described as follows: Begin at the northeast corner of Lot 5, Block 2 of said Map or Plat entitled "Bay View City Subdivision;” thence N.00°29'25"E., a distance of 30.00 feet to a point on the original northerly right-of-way line of Virginia Avenue, thence S.89°29'22"E., a distance of 20.00 feet along said original northerly right-of-way line of Virginia Avenue, thence S.00°29'25"W., a distance of 360.75 feet along the easterly right-of-way line of Bay Street per the Map or Plat entitled “Bay View City Subdivision”; thence N.89°30'35"W, a distance of 20.00 feet to a point on the original southerly right-of-way line of Kentucky Avenue, also being the northeast corner of Lot 5, Block 3 of said Map or Plat entitled “Bay View City Subdivision”; thence N.00°29'25"E., along the westerly right-of-way line of Bay Street per the Map or Plat entitled “Bay View City Subdivision” a distance of 330.75 feet to the point of beginning, and that certain 15-foot Drainage and Utility Easement being 7-1/2 feet each side of the original centerline of vacated Kentucky Avenue lying south of Lots 6 and 7, Block 2, and north of Lots 4 and 5, Block 3, Bay View City Subdivision, according to the map or plat thereof as recorded in Plat Book 9, Page 43 of the Public Records of Pinellas County, Florida, said easement having been recorded in Book 6645, Page 670 of the Official Records of Pinellas County, Florida, is hereby vacated, closed and released, and the City of Clearwater releases all of its right, title and interest thereto. Section 2. That Ordinance 8169-10 be amended by adding the underlined language and deleting the stricken language as follows: ********* A portion of land lying east of Lot 5, Block 2, Map or Plat entitled “Bay View City Subdivision”, as recorded in Plat Book 9, Page 43, of the Public Records of Pinellas County, Florida. Being more particularly described as follows:A 20-foot portion of land lying east of Lot 5, Block 2, Map or Plat entitled “Bay View City Subdivision” as recorded in Plat Book 9, Page 43 of the Public Records of Pinellas County, Florida, bounded on the south by the center line of the vacated alley (O.R. 16961, Pg. 1670), lying south of Lot 5, Block 2, and bounded on the north by the north boundary of the vacated right-of-way of Virginia Avenue (O.R. 16961, Pg. 1670), being more particularly described as follows: Commencing at a point along the southerly right-of-way line of Virginia Avenue also being the northeast corner of Lot 5, Block 2, of said Map or Plat entitled “Bay View City Subdivision”, also being the Point of Beginning, thence N 00° 00’ 00” E a distance of 30.00 feet to a point along the northerly right-of-way of Virginia Avenue, thence continue along said northerly right-of-way of Virginia Avenue N 90° 00’ 00” E a distance of 60.00 feet, thence S 00° 00’ 00” E a distance of 166.01 feet to a point along the easterly right-of- way line of Bay Street, perpendicular to the intersection of the westerly right-of-way line of Bay Street and the centerline of the alley dividing Block 2, thence N 89° 44’ 51” W a distance of 60.00 feet to a point along said centerline of the alley dividing Block 2 of said Map or Plat entitled “Bay View City Subdivision”, thence N 00° 00’ 00” W a distance of 8.00 feet to the southeast corner of Lot 5, Block 2, Map or Plat entitled “Bay View City Attachment number 2 \nPage 2 of 6 Item # 6 Ordinance No. 8332-12 Subdivision”, thence N 00° 00’ 00” W a distance of 127.75 feet to the northwest corner of Lot 5, Block 2, of said Map or Plat entitled “Bay View City Subdivision”, also being the Point of Beginning, andBegin at the northeast corner of Lot 5, Block 2 of said Map or Plat entitled “Bay View City Subdivision;” thence N.00°29'25"E., a distance of 30.00 feet to a point on the original northerly right-of-way line of Virginia Avenue, thence S.89°29'22"E., a distance of 20.00 feet along said original northerly right-of-way line of Virginia Avenue, thence S.00°29'25"W., a distance of 165.75 feet along the original easterly right-of-way line of Bay Street per the Map or Plat entitled “Bay View City Subdivision;” thence N.89°29'22"W, a distance of 20.00 feet to a point on the original westerly right-of-way line of Bay Street; thence N.00°29'25"E., along the original westerly right-of-way line of Bay Street per the Map or Plat entitled “Bay View City Subdivision” a distance of 165.75 feet to the point of beginning, and ********* Section 3. The City Clerk shall record this ordinance in the public records of Pinellas County, Florida, following adoption. Section 4. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING ________________________________ PASSED ON SECOND AND FINAL READING AND ADOPTED ________________________________ ________________________________ George N. Cretekos Mayor Approved as to form: Attest: __________________________________ ________________________________ Camilo A. Soto Rosemarie Call Assistant City Attorney City Clerk Attachment number 2 \nPage 3 of 6 Item # 6 Attachment number 2 \nPage 4 of 6 Item # 6 Attachment number 2 \nPage 5 of 6 Item # 6 Attachment number 2 \nPage 6 of 6 Item # 6 City Council Agenda Council Chambers - City Hall Meeting Date:9/6/2012 SUBJECT / RECOMMENDATION: Adopt Ordinance 8349-12 on second reading, making numerous amendments to the Community Development Code to address the recommendations of the Business Task Force. SUMMARY: Review Approval: Cover Memo Item # 7 ORDINANCE NO. 8349-12 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA MAKING AMENDMENT TO THE COMMUNITY DEVELOPMENT CODE BY AMENDING ARTICLE 2, ZONING DISTRICTS, CHART 2-100 PERMITTED USES, TO ADD BARS AND RETAIL PLAZAS AS PERMITTED USES, AND TO RESTATE THE NIGHTCLUBS, TAVERNS AND BARS USE AS NIGHTCLUBS AND RESTATE THE ANIMAL GROOMING AND OR BOARDING USE AS ANIMAL BOARDING, AND TO DELETE THE RESIDENTIAL SHELTERS USE FROM THE MEDIUM HIGH DENSITY RESIDENTIAL (MHDR) DISTRICT; AMENDING ARTICLE 2, ZONING DISTRICTS, DIVISION 4, MEDIUM HIGH DENSITY RESIDENTIAL DISTRICT (MHDR), TO MODIFY CERTAIN OFF-STREET PARKING REQUIREMENTS AND TO DELETE THE RESIDENTIAL SHELTERS USE FROM THE DISTRICT AND DELETE ASSOCIATED FLEXIBILITY CRITERIA; AMENDING ARTICLE 2, ZONING DISTRICTS, DIVISION 7, COMMERCIAL DISTRICT (C), TO DELETE A FOOTNOTE PERTAINING TO SETBACKS FOR PARKING LOTS, ADD A FOOTNOTE PERTAINING TO SCHOOLS, AMEND A FOOTNOTE PERTAINING TO EDUCATIONAL FACILITIES, GOVERNMENTAL USES, MEDICAL CLINICS AND SOCIAL COMMUNITY CENTERS, TO MODIFY VARIOUS DEVELOPMENT STANDARDS AND FLEXIBILITY CRITERIA, AND TO ESTABLISH DEVELOPMENT STANDARDS AND FLEXIBILITY CRITERIA FOR BARS, RETAIL PLAZAS, AND ANIMAL BOARDING; AMENDING ARTICLE 2, ZONING DISTRICTS, DIVISION 8, TOURIST DISTRICT (T), TO DELETE THE DENSITY DEVELOPMENT STANDARD FOR ALL USES, TO MODIFY VARIOUS DEVELOPMENT STANDARDS AND FLEXIBILITY CRITERIA, AND TO ESTABLISH DEVELOPMENT STANDARDS AND FLEXIBILITY CRITERIA FOR BARS AND RETAIL PLAZAS, AS WELL AS TO ADD A FOOTNOTE ALLOWING FOR NO PARKING REQUIREMENT FOR CERTAIN USES WITHIN THE RETAIL/RESTAURANT CHARACTER DISTRICT OF BEACH BY DESIGN, AND A FOOTNOTE ALLOWING A REDUCED SETBACK FOR SWIMMING POOLS/DECKS WHEN ACCESSORY TO ATTACHED DWELLINGS, OVERNIGHT ACCOMMODATIONS OR RESORT ATTACHED DWELLINGS USES; AMENDING ARTICLE 2, ZONING DISTRICTS, DIVISION 9, DOWNTOWN DISTRICT (D), TO MODIFY VARIOUS DEVELOPMENT STANDARDS AND FLEXIBILITY CRITERIA, AND TO ESTABLISH DEVELOPMENT STANDARDS AND FLEXIBILITY CRITERIA FOR BARS AND RETAIL PLAZAS; AMENDING ARTICLE 2, ZONING DISTRICTS, DIVISION 10, OFFICE DISTRICT (O), TO DELETE A FOOTNOTE PERTAINING TO SETBACKS FOR PARKING LOTS, AND TO MODIFY VARIOUS DEVELOPMENT STANDARDS AND FLEXIBILITY CRITERIA; AMENDING ARTICLE 2, ZONING DISTRICTS, DIVISION 12, INSTITUTIONAL DISTRICT (I), TO RESTRICT RESIDENTIAL SHELTERS FROM LOCATING WITHIN THE CLEARWATER DOWNTOWN REDEVELOPMENT PLAN AREA; AMENDING ARTICLE 2, ZONING DISTRICTS, DIVISION 13, INDUSTRIAL RESEARCH AND TECHNOLOGY DISTRICT (IRT), TO DELETE A FOOTNOTE PERTAINING TO SETBACKS FOR PARKING Attachment number 1 \nPage 1 of 43 Item # 7 Ordinance No. 8349-12 Page 2 LOTS, TO MODIFY VARIOUS DEVELOPMENT STANDARDS AND FLEXIBILITY CRITERIA, AND MODIFY FOOTNOTES PERTAINING TO OFFICE, VEHICLE SALES/DISPLAYS, MAJOR VEHICLE SALES/DISPLAYS, AND/OR VEHICLE SERVICE USES, AND TO ESTABLISH DEVELOPMENT STANDARDS AND FLEXIBILITY CRITERIA FOR ANIMAL BOARDING AND BARS AS WELL AS TO ADD A NEW FOOTNOTE REGARDING BARS; AMENDING ARTICLE 3, DEVELOPMENT STANDARDS, DIVISION 6, DOCK/MARINA STANDARDS, TO CLARIFY THAT IN NO EVENT SHALL MORE THAN ONE DOCK STRUCTURE BE LOCATED AT A SINGLE-FAMILY OR TWO-FAMILY DWELLING; AMENDING ARTICLE 3, DEVELOPMENT STANDARDS, DIVISION 8, FENCES AND WALLS, TO MODIFY OR ESTABLISH REGULATIONS PERTAINING TO HEIGHT REQUIREMENTS, LANDSCAPING, CORNER AND DOUBLE FRONTAGE LOTS, CHAINLINK FENCES, VACANT LOTS, SUBDIVISIONS, AND RETAINING WALLS; AMENDING ARTICLE 3, DEVELOPMENT STANDARDS, DIVISION 12, LANDSCAPING/TREE PROTECTION, SECTION 3-1205, TREE PROTECTION, TO PROVIDE FOR AN EXPIRATION TO TREE REMOVAL PERMITS; AMENDING ARTICLE 3, DEVELOPMENT STANDARDS, DIVISION 21, TEMPORARY USES, TO ALLOW FOR A NEW TEMPORARY USE, TEMPORARY BUILDINGS DURING CONSTRUCTION, AND APPROPRIATE REGULATIONS; AMENDING ARTICLE 4, DEVELOPMENT REVIEW AND OTHER PROCEDURES, DIVISION 3, PERMITTED USES: LEVEL ONE, TO ALLOW FOR CHANGES OF USE WHEN CONFORMANCE WITH APPLICABLE REQUIREMENTS MAY NOT BE POSSIBLE OR PRACTICABLE; AMENDING ARTICLE 8, DEFINITIONS AND RULES OF CONSTRUCTION, TO AMEND THE DEFINITIONS FOR ANIMAL GROOMING OR BOARDING USES, RETAIL SALES AND SERVICES, AND LIMITED VEHICLE SERVICE, DELETE THE DEFINITION FOR NIGHTCLUBS, TAVERNS AND BARS, AND ADD DEFINITIONS FOR BARS, NIGHTCLUBS, RETAIL PLAZAS, AND TEMPORARY BUILDINGS DURING CONSTRUCTION; CERTIFYING CONSISTENCY WITH THE CITY’S COMPREHENSIVE PLAN AND PROPER ADVERTISEMENT; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Clearwater 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 WHEREAS, the City of Clearwater has determined where the Community Development Code needs clarification and revision, Attachment number 1 \nPage 2 of 43 Item # 7 Ordinance No. 8349-12 Page 3 WHEREAS, the Clearwater Business Task Force was established on April 7, 2011 by the City Council to provide feedback on the current rules and regulations affecting businesses and business development, and WHEREAS, The Clearwater Business Task Force submitted to City Council on August 29, 2011, a final report that consisted of 71 recommendations to change public perceptions about being “business friendly”, streamline development application processes, now therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. That Article 2, Zoning Districts, Chart 2-100 Permitted Uses, of the Community Development Code, be, and the same is hereby amended to read as follows: CHART 2-100 PERMITTED USES Use Categories LDR LMDR MDR MHDR HDR MHP C T D O I IRT OSR P CRNCOD IENCOD Residential Accessory dwellings X X X X X X Attached dwellings X X X X X X X Community residential homes X X X X X X X X Detached dwellings X X X X X X X X Mobile homes X Mobile home parks X Residential infill projects X X X X X X X Nonresidential Adult uses X X Airport X Alcoholic beverage sales X X X Animal grooming and or boarding X X X Assisted living facilities X X X X Automobile service stations X X Bars X X X X Cemeteries X Comprehensive infill redevelopment project (CIRP) X X X X X X X Congregate care X X X X Convention center X Educational facilities X X X X Governmental uses X X X X X X Halfway houses X Hospitals X Indoor recreation/entertainment X X X X Light assembly X Manufacturing X Marinas X Marinas and marina facilities X X X X Attachment number 1 \nPage 3 of 43 Item # 7 Ordinance No. 8349-12 Page 4 Medical clinic X X X X Mixed use X X X X Nightclubs, taverns and bars X X X X Non-residential off-street parking X X X X Nursing homes X X X X Offices X X X X X X Off-street parking X X Open space X Outdoor recreation/entertainment X X X X Outdoor retail sales, display and/or storage X X Overnight accommodations X X X X X X X X Parking garages and lots X X X X X X Parks and recreation facilities X X X X X X X X X X X X Places of worship X X X X Problematic uses X Public facility X X Publishing and printing X Public transportation facilities X X X X X X X Research and technology use X Residential shelters X X X Resort Attached Dwellings X Restaurants X X X X X X Retail plazas X X X Retail sales and services X X X X X X X X RV parks X Salvage yards X Schools X X X X X X X X Self-storage warehouse X X Social and community centers X X X X Social/public service agencies X X X X Telecommunications towers X X X X X TV/radio studios X X Utility/infrastructure facilities X X X X X X X X X X X X X X X Vehicle sales/displays X X Vehicle sales/displays, limited X X Vehicle sales/displays, major X Vehicle service X Vehicle service, limited X Vehicle service, major X Veterinary offices X X X X Wholesale/distribution/warehouse facility X Attachment number 1 \nPage 4 of 43 Item # 7 Ordinance No. 8349-12 Page 5 Section 2. That Article 2, Zoning Districts, Division 4, Medium High Density Residential District (MHDR), Section 2-402, Minimum Standard Development, Table 2-402 “MHDR” Minimum Standard Development, Community Development Code, be, and the same is hereby amended to read as follows: Table 2-402. "MHDR" Minimum Standard Development Use Min. Lot Area (sq. ft.) Min. Lot Width (ft.) Min. Setbacks (ft.) Max. Height (ft.) Min. Off-Street Parking Front Side Rear(1) Attached Dwellings 15,000 150 25 10 15 30 2/unit Community Residential Homes (6 or fewer residents) 5,000 50 25 10 15 30 1.5/unit 2/unit Detached Dwellings 15,000 150 25 10 15 30 1.5/unit 2/unit (1) The Building Code may require the rear setback on a waterfront lot to be at least 18 feet from any seawall. Section 3. That Article 2, Zoning Districts, Division 4, Medium High Density Residential District (MHDR), Section 2-403, Flexible Standard Development, Table 2-403 “MHDR” Flexible Standard Development, Community Development Code, be, and the same is hereby amended to read as follows: Table 2-403. "MHDR" Flexible Standard Development Use Min. Lot Area (sq. ft.) Min. Lot Width (ft.) Min. Setbacks (ft.) Max. Height (ft.) Min. Off-Street Parking Front Side Rear(1) Assisted Living Facilities 15,000 150 25 10 15 30—40 1/1000 sq. ft. 1 per 2 residents Attached Dwellings 15,000 150 25 10 10—15 30—50 2/unit Community Residential Homes (up to 14 residents) 5,000 50 15—25 5—10 5—15 30—40 1 per 2 residents Detached Dwellings 5,000— 15,000 50— 150 25 5—10 5—15 30—40 1.5/unit 2/unit Nursing Homes 15,000 150 25 10 15 30—40 1/1,000 sq. ft. 1 per 2 residents Overnight Accommodations 15,000 150 25 10 15 30—40 1/unit Schools 40,000 200 25 10 15 30—40 1/3 students Utility/Infrastructure Facilities(2) n/a n/a 25 10 15 n/a n/a (1) The Building Code may require the rear setback on a waterfront lot to be at least 18 feet from any seawall. (2) Utility/Infrastructure uses shall not exceed three acres. Any such use, alone or when added to contiguous like uses which exceed three acres shall require a land use plan map amendment to Transportation/Utility which shall include such uses and all contiguous like uses. Section 4. That Article 2, Zoning Districts, Division 4, Medium High Density Residential District (MHDR), Section 2-404, Flexible Development, Table 2-404 “MHDR” Attachment number 1 \nPage 5 of 43 Item # 7 Ordinance No. 8349-12 Page 6 Flexible Development, Community Development Code, be, and the same is hereby amended to read as follows: Table 2-404. "MHDR" Flexible Development Use Min. Lot Area (sq. ft.) Min. Lot Width (ft.) Min. Setbacks (ft.) Max. Height (ft.) Min. Off-Street Parking Front Side Rear(1) Attached Dwellings 15,000 150 15—25 0—10 10—15 30—50 2/unit Congregate Care 15,000 150 25 10 15 30 1 per 2 residents Non-Residential Off-Street Parking(2) n/a n/a 25 5 10 n/a n/a Overnight Accommodations 15,000 150 15—25 0—10 10—15 30 1/unit Parks and recreation facilities n/a n/a 35 20 25 30 1 per 20,000 SF land area or as determined by the community development coordinator based on the ITE Manual standards Residential Infill Projects(3) n/a n/a 10—25 0—10 0—15 30 2/unit Residential Shelters 15,000 150 25 10 15 30 2/1,000 GFA Section 5. That Article 2, Zoning Districts, Division 4, Medium High Density Residential District (MHDR), Section 2-404, Flexible Development, Community Development Code, be, and the same is hereby amended to read as follows: * * * * * * * * * * Flexibility Criteria: * * * * * * * * * * G. Residential shelters. 1. The parcel proposed for development does not abut a manufacturing or wholesale sales and service use; 2. The parcel proposed for development is located within 600 feet of a transit line; 3. The parcel proposed for development is not located within 1,500 feet of another residential shelter; 4. All outdoor lighting is designed and located so that no light fixture casts light directly on to adjacent land used for residential purposes; 5. The residential shelter does not involve outdoor eating or sleeping facilities. Section 6. That Article 2, Zoning Districts, Division 7, Commercial District (C), Section 2-702, Minimum Standard Development, Table 2-702 “C” District Minimum Development Standards, Community Development Code, be, and the same is hereby amended to read as follows: Table 2-702. "C" District Minimum Development Standards Use Min. Lot Area (sq. ft.) Min. Lot Width (ft.) Max. Height (ft.) Min. Front (ft.) Min. Side (ft.) Min. Rear (ft.) Min. Off-Street Parking Spaces Attachment number 1 \nPage 6 of 43 Item # 7 Ordinance No. 8349-12 Page 7 Governmental Uses(1) 10,000 100 25 25 10 20 4/1,000 SF GFA Indoor Recreation/ Entertainment 10,000 100 25 25 10 20 5/1000 SF GFA or 5/lane, 2/court or 1/machine Mixed Use 10,000 100 25 25 10 20 Based upon specific use requirements Offices 10,000 100 25 25 10 20 4/1,000 SF GFA 3/1,000 SF GFA Overnight Accommodations 40,000 200 25 25 10 20 1/unit Parks and Recreational Facilities n/a n/a 25 25 10 20 1 per 20,000 SF land area or as determined by the community development coordinator based on ITE Manual standards Places of Worship 40,000 200 25 25 10 20 1 per 2 seats Restaurants 10,000 100 25 25 10 20 15 12/1,000 SF GFA Retail Plazas 15,000 100 25 25 10 20 4/1,000 SF GFA Retail Sales and Services 10,000 100 25 25 10 20 5/1,000 SF GFA Social and Community Centers 10,000 100 25 25 10 20 5/1,000 SF GFA Vehicle Sales/Display 40,000 200 25 25 10 20 2.5/1,000 SF Lot Sales Area (1) Governmental uses shall not exceed five acres. Any such use, alone or when added to contiguous like uses which exceed five acres shall require a land use plan map amendment to institutional which shall include such uses and all contiguous like uses. Section 7. That Article 2, Zoning Districts, Division 7, Commercial District (C), Section 2-703, Flexible Standard Development, Table 2-703 “C” District Flexible Standard Development Standards, Community Development Code, be, and the same is hereby amended to read as follows: Table 2-703. "C" District Flexible Standard Development Standards Use Min. Lot Area (sq. ft.) Min. Lot Width (ft.) Max. Height (ft.) Min. Front (ft.)* Min. Side (ft.) Min. Rear (ft.) Min. Off-Street Parking Spaces Accessory Dwellings n/a n/a n/a n/a n/a n/a 1 space per unit Adult Uses 5,000 50 25 25 10 20 5 per 1,000 GFA Alcoholic Beverage Sales 10,000 100 25 25 10 20 5 per 1,000 GFA Automobile Service Stations 10,000 100 25 25 10 20 5/1,000 SF GFA Bars 10,000 100 25 25 10 20 10 per 1,000 GFA Educational Facilities(1) 40,000 200 25 25 10 20 1 per 2 students Governmental Uses(1) 10,000 100 25—50 25 10 20 4 spaces per 1,000 GFA Attachment number 1 \nPage 7 of 43 Item # 7 Ordinance No. 8349-12 Page 8 Indoor Recreation/Entertainment 5,000— 10,000 50—100 25 25 10 20 3—5/1000 SF GFA or 3—5/lane, 1—2/court or 1/machine Medical Clinics(1) 10,000 100 25 25 10 20 2—35/1,000 GFA Mixed Use 5,000 – 10,000 50 – 100 25 – 50 25 0 – 10 10 – 20 Based upon specific use requirements Nightclubs 10,000 100 25 25 10 20 10 per 1,000 GFA Offices 5,000 3,500 – 10,000 50 30 – 100 25—50 25 0—10 10—20 3 – 4 spaces per 1,000 GFA 3/1,000 SF GFA Off-Street Parking 10,000 100 n/a 25 10 20 n/a Outdoor Retail Sales, Display and/or Storage 20,000 100 25 25 10 20 5 per 1,000 SF of outdoor display area Overnight Accommodations 20,000— 40,000 150—200 25—50 25 0—10 10—20 1 per unit Places of Worship(2) 20,000— 40,000 100—200 25—50 25 10 20 .5-1 per 2 seats Public Transportation Facilities(3) n/a n/a 10 n/a n/a n/a n/a Restaurants 5,000 3,500 – 10,000 50 30 – 100 25 – 35 50 25 0—10 10—20 7 – 15 12 spaces per 1,000 GFA Retail Plazas 15,000 100 25 –50 25 0—10 10—20 4 spaces per 1,000 GFA Retail Sales and Services 5,000 3,500 – 10,000 50 30 – 100 25 – 35 50 25 0—10 10—20 4—5 spaces per 1,000 GFA Schools (5) 40,000 200 25 25 0-10 10-20 1 per 3 students Social and Community Centers (1) 3,500— 10,000 35—100 25—35 25 0—10 10—20 4—5 spaces per 1,000 GFA Utility/Infrastructure Facilities(4) n/a n/a 20 25 10 20 n/a Vehicle Sales/Displays 20,000— 40,000 150—200 25 25 10 20 2.5 spaces per 1,000 of lot sales area Veterinary Offices or Animal Grooming and Boarding 10,000 100 25 25 10 20 4 spaces per 1,000 GFA * The front setback may be reduced to 15 feet for parking lots provided the land area is not sufficient to accommodate the full setback requirement and the reduction results in an improved site plan or improved design and appearance and landscaping is in excess of the minimum required. (1) Educational facilities, Governmental uses, Medical clinics and Social and community centers uses shall not exceed five acres. Any such use, alone or when added to contiguous like uses which exceed five acres shall require a land use plan map amendment to Institutional which shall include such uses and all contiguous like uses. (2) Places of worship shall not exceed five acres. Any such use, alone or when added to contiguous like uses which exceed five acres shall require a land use plan map amendment to Institutional which shall include such uses and all contiguous like uses. (3) Public transportation facilities shall not exceed three acres. Any such use, alone or when added to contiguous like uses which exceed three acres shall require a land use plan map amendment to Transportation/Utility which Attachment number 1 \nPage 8 of 43 Item # 7 Ordinance No. 8349-12 Page 9 shall include such uses and all contiguous like uses. (4) Utility/Infrastructure uses shall not exceed three acres. Any such use, alone or when added to contiguous like uses which exceed three acres shall require a land use plan map amendment to Transportation/Utility which shall include such uses and all contiguous like uses. (5) In the Commercial Neighborhood (CN), Commercial Limited (CL) and Commercial General (CG) land use categories, Schools shall not exceed five acres. Any such use, alone or when added to contiguous like uses which exceed five acres shall require a land use plan map amendment to Institutional which shall include such uses and all contiguous like uses. Section 8. That Article 2, Zoning Districts, Division 7, Commercial District (C), Section 2-703, Flexible Standard Development, Community Development Code, be, and the same is hereby amended to read as follows with subsections re-lettered as appropriate: * * * * * * * * * * Flexibility criteria: * * * * * * * * * * E. Bars. 1. The parcel proposed for development is not contiguous to a parcel of land which is designated as residential in the Zoning Atlas; 2. The parcel proposed for development is not located within 500 feet of a parcel of land used for purposes of a place of worship or a public or private school unless the intervening land uses, structures or context are such that the location of the stand alone bar is unlikely to have an adverse impact on such school or use as a place of worship. * * * * * * * * * * J. Mixed use. 1. Lot area and width: The reduction in lot area and/or width will not result in a building which is out of scale with existing buildings in the immediate vicinity of the parcel proposed for development. 2. Side and rear setback: a. The reduction in side and/or rear setback does not prevent access to the rear of any building by emergency vehicles. b. The reduction in side and/or rear setback results in an improved site plan, more efficient parking, or improved design appearance and landscaped areas are in excess of the minimum required. 3. The increased height results in an improved site plan, landscaping areas in excess of the minimum required or improved design and appearance. * * * * * * * * * * I K. Offices. 1. Height: a. The increased height results in an improved site plan, landscaping area in excess of the minimum required or improved design and appearance. b. The increased height will not reduce the vertical component of the view from any adjacent residential property. 2. Side and rear setback: a. The reduction in side and rear setback does not prevent access to the rear of any building by emergency vehicles; b. The reduction in side and rear setback results in an improved site plan, more efficient parking or improved design and appearance; c. The reduction in side and rear setback does not reduce the amount of landscaped area otherwise required. Attachment number 1 \nPage 9 of 43 Item # 7 Ordinance No. 8349-12 Page 10 3. Off-street parking: The physical characteristics of a proposed building are such that the likely uses of the property will require fewer parking spaces per floor area than otherwise required or that the use of significant portions of the building are for storage or other non-parking demand generation purposes. 3. Lot area and width: The reduction in lot area and/or width will not result in a building which is out of scale with existing buildings in the immediate vicinity of the parcel proposed for development. * * * * * * * * * * L N. Outdoor retail sales, display and/or storage. * * * * * * * * * * 7. The parcel proposed for outdoor storage or display fully conforms to the requirements of Article 3, Division 7 12 in regard to landscaping; * * * * * * * * * * T. Retail plazas. 1. Height: a. The increased height results in an improved site plan, landscaping areas in excess of the minimum required and/or improved design and appearance; b. The increased height will not reduce the vertical component of the view from any adjacent residential property. 2. Side and rear setback: a. The reduction in side and rear setback does not prevent access to the rear of any building by emergency vehicles; b. The reduction in side and rear setback results in an improved site plan, more efficient parking or improved design and appearance; c. The reduction in side and rear setback does not reduce the amount of landscaped area otherwise required. 3. Restaurants within the retail plaza may occupy up to 25% of the total gross floor area of the retail plaza. Any restaurant, or fraction thereof, that exceeds 25% must provide off-street parking at a rate consistent with the parking requirement for the restaurant use in the district. 4. All retail plaza buildings, including outparcels, must be unified in terms of color, materials, and architectural style. * * * * * * * * * * V X. Veterinary offices, or animal grooming/boarding. * * * * * * * * * * Section 9. That Article 2, Zoning Districts, Division 7, Commercial District (C), Section 2-704, Flexible Development, Table 2-704 “C” District Flexible Development Standards, Community Development Code, be, and the same is hereby amended to read as follows: Table 2-704. "C" District Flexible Development Standards Use Min. Lot Area (sq. ft.) Min. Lot Width (ft.) Max. Height (ft.) Min. Front (ft.) Min. Side (ft.) Min. Rear (ft.) Min. Off-Street Parking Alcoholic Beverage Sales 5,000— 10,000 50—100 25 15—25 0—10 10—20 5 per 1,000 GFA Animal Boarding 5,000 – 50 – 100 25 15 – 25 0 – 10 10 – 20 4 spaces per Attachment number 1 \nPage 10 of 43 Item # 7 Ordinance No. 8349-12 Page 11 10,000 1,000 GFA Bars 5,000 – 10,000 50 – 100 25 15 – 25 0 – 10 10 – 20 10 per 1,000 GFA Comprehensive Infill Redevelopment Project n/a n/a n/a n/a n/a n/a Determined by the community development coordinator based on the specific use and/or ITE Manual standards Indoor Recreation/Entertainment 3,500— 10,000 30—100 25—50 15—25 0—10 10—20 3—5/1000 SF GFA or 3—5/lane, 1—2/court or 1/machine Light Assembly 5,000— 10,000 50—100 25 15—25 0—10 10—20 4—5 spaces per 1,000 GFA Limited Vehicle Service 5,000— 10,000 50—100 25 15—25 0—10 10—20 4—5 spaces per 1,000 GFA Marinas and Marina Facilities 5,000— 20,000 50 25 25 10 20 1 space per 2 slips Mixed Use 5,000— 10,000 50—100 25—50 15—25 0—10 10—20 4—5 spaces per 1,000 GFA and 2 spaces per residential unit Based upon specific use requirements Nightclubs 5,000— 10,000 50—100 25 15—25 0—10 10—20 10 per 1,000 GFA Offices 3,500— 10,000 30—100 25—50 15—25 0—10 10—20 3 - 4 spaces per 1,000 GFA 3/1,000 SF GFA Off-Street Parking 10,000 100 n/a 15—25 0—10 10—20 n/a Outdoor Recreation/Entertainment 20,000 100 25 15—25 10 10—20 1—10 per 1,000 SQ FT of land area or as determined by the community development coordinator based on ITE Manual standards Overnight Accommodations 20,000— 40,000 100—200 25—50 15—25 0—10 10—20 1 per unit Problematic Uses 5,000 50 25 15—25 10 10—20 5 spaces per 1,000 SF GFA Restaurants 3,500— 10,000 35—100 25—50 15—25 0—10 10—20 7 – 15 12 spaces per 1,000 GFA Retail Plazas 15,000 100 25 –50 15 – 25 0—10 10—20 4 spaces per 1,000 GFA Retail Sales and Services 3,500— 10,000 30—100 25—50 15—25 0—10 10—20 4—5 spaces per 1,000 GFA RV Parks 40,000 200 25 15—25 20 10—20 1 space per RV Attachment number 1 \nPage 11 of 43 Item # 7 Ordinance No. 8349-12 Page 12 space Schools (2) 30,000- 40,000 100-200 25-50 15-25 0-10 10-20 1 per 3 students Self Storage 20,000 100 25 15—25 10 10—20 1 per 20 units plus 2 for manager's office Social/Public Service Agencies(1) 5,000— 10,000 50—100 25—50 15—25 0—10 10—20 3—4 spaces per 1,000 GFA Telecommunication Towers 10,000 100 Refer to section 3- 2001 25 10 20 n/a Vehicle Sales/Displays 10,000— 40,000 100—200 25 15—25 10 10—20 2.5 spaces per 1,000 SQ FT of lot area Veterinary Offices or Grooming and Boarding 5,000— 10,000 50—100 25 15—25 0—10 10—20 4 spaces per 1,000 GFA (1) Social/public service agencies shall not exceed five acres. (2) In the Commercial Neighborhood (CN), Commercial Limited (CL) and Commercial General (CG) land use categories, Schools shall not exceed five acres. Any such use, alone or when added to contiguous like uses which exceed five acres shall require a land use plan map amendment to Institutional which shall include such uses and all contiguous like uses. Section 10. That Article 2, Zoning Districts, Division 7, Commercial District (C), Section 2-704, Flexible Development, Community Development Code, be, and the same is hereby amended to read as follows with subsections re-lettered as appropriate: * * * * * * * * * * Flexible development. * * * * * * * * * * B. Animal boarding. 1. The parcel is not contiguous to a parcel of land which is designated as residential in the Zoning Atlas. 2. The use of the parcel does not involve animal confinement facilities that are open to the outside. 3. Animals may have supervised outdoor exercise but only between 7:00 a.m. - 9:00 p.m. In no case shall animals be left unsupervised while outdoors. 4. Accessory boarding facilities shall contain waste control facilities and an air- handling system for disinfection and odor control. 5. Lot area and width: The reduction in lot area and width will not result in a building which is out of scale with existing buildings in the immediate vicinity. 6. Side and rear setback: a. The reduction in side and/or rear setback does not prevent access to the rear of any building by emergency vehicles; b. The reduction in side and/or rear setback results in an improved site plan, more efficient parking, or improved design and appearance and landscaped areas are in excess of the minimum required. 7. Front setback: The reduction in front setback results in an improved site plan or improved design and appearance. C. Bars. Attachment number 1 \nPage 12 of 43 Item # 7 Ordinance No. 8349-12 Page 13 1. Location: a. The parcel is not contiguous to a parcel of land which is designated as residential in the Zoning Atlas; b. The parcel is not located within 500 feet of a parcel of land used for a place of worship or a public or private school unless the intervening land uses, structures or context are such that the location of the stand alone bar is unlikely to have an adverse impact on such school or use as a place of worship; c. The parcel has frontage on an arterial street but will not involve direct access to a major arterial street; 2. Lot area and width: The reduction in lot area and width will not result in a building which is out of scale with existing buildings in the immediate vicinity of the parcel proposed for development. 3. Front setback: The reduction in front setback results in an improved site plan or improved design and appearance. 4. Side and rear setback: a. The reduction in side and/or rear setback does not prevent access to the rear of any building by emergency vehicles; b. The reduction in side and/or rear setback results in an improved site plan, more efficient parking, or improved design and appearance and landscaped areas are in excess of the minimum required. * * * * * * * * * * Q. Retail plazas. 1. Height: a. The increased height results in an improved site plan, landscaping areas in excess of the minimum required and/or improved design and appearance; b. The increased height will not reduce the vertical component of the view from any adjacent residential property. 2. Front setback: The reduction in front setback results in an improved site plan or improved design and appearance. 3. Side and rear setback: a. The reduction in side and rear setback does not prevent access to the rear of any building by emergency vehicles; b. The reduction in side and rear setback results in an improved site plan, more efficient parking or improved design and appearance; c. The reduction in side and rear setback does not reduce the amount of landscaped area otherwise required. 4. Restaurants within the retail plaza may occupy up to 25% of the total gross floor area of the retail plaza. Any restaurant, or fraction thereof, that exceeds 25% must provide off-street parking at a rate consistent with the parking requirement for the restaurant use in the district. 5. All retail plaza buildings, including outparcels, must be unified in terms of color, materials, and architectural style. * * * * * * * * * * U Y. Veterinary offices, grooming and boarding. * * * * * * * * * * Attachment number 1 \nPage 13 of 43 Item # 7 Ordinance No. 8349-12 Page 14 Section 11. That Article 2, Zoning Districts, Division 8, Tourist District (T), Section 2- 802, Table 2-802 “T” District Flexible Standard Development Standards, Community Development Code, be, and the same is hereby amended to read as follows: Table 2-802. "T" District Flexible Standard Development Standards Use(1) Min. Lot Area (sq. ft.) Min. Lot Width (ft.) Max. Height(1) (ft.) Min. Setbacks (ft.)(1) Density Min. Off-Street Parking Front Side Rear Accessory Dwellings n/a n/a n/a n/a n/a n/a 30 units/acre 1/unit Alcoholic Beverage Sales 5,000 50 35 10—15 10 20 n/a 5 per 1,000 GFA Attached Dwellings(6) 10,000 100 35—50 10—15 10 10—20 30 units/acre 2 per unit Bars 5,000 50 35 15 10 20 10 per 1,000 GFA Governmental Uses(2) 10,000 100 35—50 10—15 0—10 10—20 n/a 3—4/1,000 GFA Indoor Recreation/Entertainment 5,000 50 35 – 100 50 0—15 0—10 20 n/a 10 per 1,000 GFA Medical Clinic 10,000 100 30 35 – 50 10—15 10 20 20 2—35/1,000 GFA Mixed Use 5,000 – 10,000 50—100 35—50 0—15 0—10 10—20 30 units/acre Based upon specific use requirements Nightclubs 5,000 50 35 15 10 20 n/a 10 per 1,000 GFA Non-Residential Off-Street Parking n/a n/a n/a 25 5 10 n/a n/a Offices 5,000 – 10,000 50 – 100 35 – 50 10 0 – 15 0—10 10—20 n/a 3 – 4 spaces per 1,000 GFA 3/1,000 SF GFA Outdoor Recreation/Entertainment 5,000 50 35 10—15 10 20 n/a 2.5 spaces per 1,000 sq. ft. of lot area or as determined by the community development director based on ITE Manual standards Overnight Accommodations 20,000 100— 150 35—50 10—15 0—10 10—20 40 rooms/acr e 1.2 per unit Parking Garages and Lots 20,000 100 50 15—25 10 10—20 n/a n/a Parks and Recreation Facilities n/a n/a 50 25 10 20 n/a 1 per 20,000 SF land area or as determined by the community development coordinator based on ITE Manual standards Public Transportation Facilities(3) n/a n/a 10 n/a n/a n/a n/a n/a Attachment number 1 \nPage 14 of 43 Item # 7 Ordinance No. 8349-12 Page 15 Resort Attached Dwellings(6) 10,000 100 35—50 10—15 10 10—20 30 units/acre 1.5 per unit Restaurants 5,000— 10,000 50—100 25—35 35 – 50 10 0 – 15 0—10 10—20 n/a 7 – 15 12 spaces per 1,000 GFA(5) Retail Plazas 15,000 100 35 –50 0 – 15 0—10 10—20 4 spaces per 1,000 GFA Retail Sales and Services 5,000— 10,000 50—100 35 – 50 10 0 – 15 0—10 10—20 n/a 4—5 spaces per 1,000 GFA(5) Social and Community Center 5,000— 10,000 50—100 35—50 10—15 0—10 10—20 n/a 4—5 spaces per 1,000 GFA Utility/Infrastructure Facilities(4) n/a n/a n/a 25 10 10 n/a n/a (1) Specific standards for the Old Florida District and the Marina District that supersede the above regulations are set forth in Beach by Design: A Preliminary Design for Clearwater Beach and Design Guidelines. (2) Governmental uses shall not exceed five acres. Any such use, alone or when added to contiguous like uses which exceed five acres shall require a land use plan map amendment to Institutional which shall include such uses and all contiguous like uses. (3) Public transportation facilities shall not exceed three acres. Any such use, alone or when added to contiguous like uses which exceed three acres shall require a land use plan map amendment to Transportation/Utility which shall include such uses and all contiguous like uses. (4) Utility/infrastructure uses shall not exceed three acres. Any such use, alone or when added to contiguous like uses which exceed three acres shall require a land use plan map amendment to Transportation/Utility which shall include such uses and all contiguous like uses. (5) For those properties within the boundaries of the Retail/Restaurant District, as established by Beach by Design, off-street parking shall not be required. (6) Swimming pools and/or decks in conjunction with a swimming pool that are accessory to either an attached dwellings, overnight accommodations, or resort attached dwellings principal use on Clearwater Beach are permitted a rear setback of zero feet. Section 12. That Article 2, Zoning Districts, Division 8, Tourist District (T), Section 2- 802, Flexible Standard Development, Community Development Code, be, and the same is hereby amended to read as follows with subsections re-lettered as appropriate: * * * * * * * * * * Flexibility criteria: A. Accessory dwellings. 1. One accessory dwelling that is subordinate and accessory to a principal permitted use. 2. Title to the accessory dwelling is vested in the ownership of the principal use. 3. The floor area of the accessory dwelling does not exceed 25 percent of the floor area of the principal use. * * * * * * * * * * D. Bars. 1. Location. The parcel proposed for development is not contiguous to a parcel of land which is designated as residential in the Zoning Atlas; 2. The design of all buildings complies with the Tourist District design guidelines in Division 5 of Article 3. * * * * * * * * * * I K. Offices. Attachment number 1 \nPage 15 of 43 Item # 7 Ordinance No. 8349-12 Page 16 1. The use of the parcel proposed for development fronts on but will not involve direct access to a major arterial street; 2. All signage is a part of the comprehensive sign program; 1. Lot area and width: The reduction in lot area will not result in a building which is out of scale with existing buildings in the immediate vicinity of the parcel proposed for development; 3 2. The design of all buildings complies with the Tourist District design guidelines in Article 3, Division 5. 4 3. Setbacks: a. The reduction in front setback contributes to a more active and dynamic streetlife; b. The reduction in front setback results in an improved site plan or improved design and appearance; c. The reduction in side and rear setbacks does not prevent access to the rear of any building by emergency vehicles; d. The reduction in side and rear setbacks results in an improved site plan, more efficient parking or improved design and appearance; e. The reduction in side and rear setbacks results in landscaped areas in excess of the minimum required. 5. Off-street parking: a. Adequate parking is available on a shared basis as determined by all existing land uses within 1,000 feet of parcel proposed for development, or parking is available through any existing or planned and committed parking facilities or the shared parking formula in Article 2, Division 14; b. The physical characteristics of a proposed building are such that the likely uses of the property will require fewer parking spaces per floor area than otherwise required or that the use of significant portions of the building will be used for storage or other non-parking demand-generating purposes. 6 4. Height: The increased height results in an improved site plan or improved design and appearance. * * * * * * * * * * K M. Overnight accommodations. * * * * * * * * * * 10. Accessory uses. * * * * * * * * * * b. The maximum floor area for accessory uses located within the building interior shall be limited to ten 15 percent of the gross floor area of the development; * * * * * * * * * * P R. Restaurants. 1. Lot area and width: The reduction in lot area will not result in a building which is out of scale with existing buildings in the immediate vicinity of the parcel proposed for development; 2. Location: The use of the parcel proposed for development will not involve direct access to a major arterial street; 32. Height: The increased height results in an improved site plan and/or improved design and appearance; 4 3. Signs: No sign of any kind is designed or located so that any portion of the sign is more than six feet above the finished grade of the front lot line of the parcel Attachment number 1 \nPage 16 of 43 Item # 7 Ordinance No. 8349-12 Page 17 proposed for development unless such signage is a part of an approved comprehensive sign program; 54. Setbacks: a. The reduction in front setback contributes to a more active and dynamic street life; b. The reduction in front setback results in an improved site plan or improved design and appearance; c. The reduction in side and rear setbacks does not prevent access to the rear of any building by emergency vehicles; d. The reduction in side and rear setbacks results in an improved site plan, more efficient parking or improved design and appearance; e. The reduction in side and rear setbacks does not reduce the amount of landscaped area otherwise required. 65. Off-street parking: a. The physical characteristics of a proposed building are such that the likely uses of the property will require fewer parking spaces per floor area than otherwise required or that the use of significant portions of the building will be used for storage or other non-parking demand-generating purposes; b. Adequate off-street parking is available on a shared basis as determined by all existing land uses within 1,000 feet of the parcel proposed for development, or parking is available through any existing or planned and committed parking facilities or the shared parking formula in Article 2, Division 14; c. Fast food restaurants shall not be eligible for a reduction in the number of off-street parking spaces. 76. The design of all buildings complies with the Tourist District design guidelines in Division 5 of Article 3 * * * * * * * * * * S. Retail plazas. 1. Height: The increased height results in an improved site plan or improved design and appearance; 2. Setbacks: a. The reduction in front setback contributes to a more active and dynamic street life; b. The reduction in front setback results in an improved site plan or improved design and appearance; c. The reduction in side and rear setbacks does not prevent access to the rear of any building by emergency vehicles; d. The reduction in side and rear setbacks results in an improved site plan, more efficient parking or improved design and appearance; e. The reduction in side and rear setbacks does not reduce the amount of landscaped area otherwise required. 3. The design of all buildings complies with the Tourist District design guidelines in Division 5 of Article 3. 4. Restaurants within the shopping center may occupy up to 25% of the total gross floor area of the shopping center. Any restaurant, or fraction thereof, that exceeds 25% must provide off-street parking at a rate consistent with the parking requirement for the restaurant use in the district. 5. All shopping center buildings, including outbuildings, must be unified in terms of color, materials, and architectural style. Attachment number 1 \nPage 17 of 43 Item # 7 Ordinance No. 8349-12 Page 18 Q T. Retail sales and services. 1. Lot area and width: The reduction in lot area will not result in a building which is out of scale with existing buildings in the immediate vicinity of the parcel proposed for development; 2. Location: The use of the parcel proposed for development will not involve direct access to a major arterial street; 32. Height: The increased height results in an improved site plan or improved design and appearance; 4 3. Setbacks: a. The reduction in front setback contributes to a more active and dynamic street life b. The reduction in front setback results in an improved site plan or improved design and appearance; c. The reduction in side and rear setbacks does not prevent access to the rear of any building by emergency vehicles; d. The reduction in side and rear setbacks results in an improved site plan, more efficient parking or improved design and appearance; e. The reduction in side and rear setbacks does not reduce the amount of landscaped area otherwise required. 54. Off-street parking: a. The physical characteristics of a proposed building are such that the likely uses of the property will require fewer parking spaces per floor area than otherwise required or that the use of significant portions of the building will be used for storage or other non-parking demand-generating purposes; b. Adjacent land uses are of a nature that there is a high probability that patrons will use modes of transportation other than the automobile to access the use; c. Adequate parking is available on a shared basis as determined by all existing land uses within 1,000 feet of the parcel proposed for development, or parking is available through any existing or planned and committed parking facilities or the shared parking formula in Article 2, Division 14. 65. The design of all buildings complies with the Tourist District design guidelines in Division 5 of Article 3. * * * * * * * * * * Section 13. That Article 2, Zoning Districts, Division 8, Tourist District (T), Section 2- 803, Table 2-803 “T” District Flexible Development Standards, Community Development Code, be, and the same is hereby amended to read as follows: Table 2-803. "T" Flexible Development Standards Use(1) Min. Lot Area (sq. ft.) Min. Lot Width (ft.) Max. Height (ft.)(1) Min. Front (ft.)(1) Min. Side (ft.)(1) Min. Rear (ft.)(1) Density Min. Off-Street Parking Alcoholic Beverage Sales 5,000 50 35—100 0—15 0—10 10—20 n/a 5 per 1,000 GFA Attached Dwellings (3) 5,000— 10,000 50—100 35—100 0—15 0—10 10—20 30 units/acre 2 per unit Attachment number 1 \nPage 18 of 43 Item # 7 Ordinance No. 8349-12 Page 19 Bars 5,000 50 35—100 0—15 0—10 10—20 10 per 1,000 GFA Comprehensive Infill Redevelopment Project n/a n/a n/a n/a n/a n/a 30 units/acre; 40 rooms/acre 2 spaces per attached dwelling unit and as determined Determined by the community development coordinator for all other uses based on the specific use and/or ITE Manual standards Limited Vehicle Sales and Display 5,000 50 35—100 0—15 0—10 10—20 n/a 4—5 spaces per 1,000 GFA Marinas and Marina Facilities 5,000 50 25 10—15 0—10 10—20 n/a 1 space per 2 slips Mixed Use 5,000— 10,000 50—100 35—100 0—15 0—10 0—20 30 units/acre Based upon specific use requirements Nightclubs 5,000 50 35—100 0—15 0—10 10—20 n/a 10 per 1,000 GFA Offices 5,000 – 10,000 50 – 100 35—100 0—15 0—10 10—20 n/a 3 - 4 spaces per 1,000 GFA 3/1,000 SF GFA Outdoor Recreation/Entertainment 5,000 50 35 5—15 0—10 10—20 n/a 2.5 spaces per 1,000 SQ FT of lot area or as determined by the community development coordinator based on ITE Manual standards Overnight Accommodations(3) 10,000 — 20,000 100— 150 35—100 0—15 0—10 0—20 40 rooms/acre 1-1.2 per unit Resort Attached Dwellings(3) 5,000— 10,000 50—100 35—100 0—15 0—10 10—20 30 units/acre 1.5 per unit Restaurants 5,000— 10,000 50—100 25—100 0—15 0—10 10—20 n/a 7 – 15 12 spaces per 1,000 GFA(2) Retail Plazas 15,000 100 35 – 100 0 – 15 0—10 10—20 4 spaces per 1,000 GFA Retail Sales and Services 5,000— 10,000 50—100 35—100 0—15 0—10 10—20 n/a 4—5 spaces per 1,000 GFA(2) (1) Specific standards for the Old Florida District and the Marina District that supersede the above regulations are set forth in Beach by Design: A Preliminary Design for Clearwater Beach and Design Guidelines. (2) For those properties within the boundaries of the Retail/Restaurant District, as established by Beach by Design, off-street parking shall not be required. (3) Swimming pools and/or decks in conjunction with a swimming pool that are accessory to either an attached dwellings, overnight accommodations, or resort attached dwellings principal use on Clearwater Beach are permitted a rear setback of zero feet. Attachment number 1 \nPage 19 of 43 Item # 7 Ordinance No. 8349-12 Page 20 Section 14. That Article 2, Zoning Districts, Division 8, Tourist District (T), Section 2- 803, Flexible Development, Community Development Code, be, and the same is hereby amended to read as follows with subsections re-lettered as appropriate: * * * * * * * * * * Flexibility criteria: * * * * * * * * * * C. Bars. 1. Location. The parcel proposed for development is not contiguous to a parcel of land which is designated as residential in the Zoning Atlas; 2. Height: The increased height results in an improved site plan and/or improved design and appearance; 3. Setbacks: a. The reduction in front setback contributes to a more active and dynamic street life; b. The reduction in front setback results in an improved site plan or improved design and appearance; c. The reduction in side and rear setback does not prevent access to the rear of any building by emergency vehicles; d. The reduction in side and rear setback results in an improved site plan, more efficient parking or improved design and appearance; 4. The design of all buildings complies with the Tourist District design guidelines in Division 5 of Article 3. * * * * * * * * * * G H. Offices. 1. Height: The increased height results in an improved site plan or improved design and appearance; 2. Signs: No sign of any kind is designed or located so that any portion of the sign is more than six feet above the finished grade of the front lot line of the parcel proposed for development unless such signage is a part of an approved comprehensive sign program; 2. Lot area and width: The reduction in lot area will not result in a building which is out of scale with existing buildings in the immediate vicinity of the parcel proposed for development; 3. Location: The use of the parcel proposed for development will not involve direct access to a major arterial street; 4 3. Setbacks: a. The reduction in front setback contributes to a more active and dynamic street life; b. The reduction in front setback results in an improved site plan or improved design and appearance; c. The reduction in side and rear setback does not prevent access to the rear of any building by emergency vehicles; d. The reduction in side and rear setback results in an improved site plan, more efficient parking or improved design and appearance; 54. Off-street parking: a. The physical characteristics of a proposed building are such that the likely uses of the property will require fewer parking spaces per floor area than otherwise required or that the use of significant portions of the building will be used for storage or other non-parking demand-generating purposes; Attachment number 1 \nPage 20 of 43 Item # 7 Ordinance No. 8349-12 Page 21 b. Adequate parking is available on a shared basis as determined by all existing land uses within 1,000 feet of the parcel proposed for development, or parking is available through existing or planned and committed parking facilities or the shared parking formula in Article 3, Division 14. 65. The design of all buildings complies with the Tourist District design guidelines in Division 5 of Article 3. * * * * * * * * * * I. Overnight accommodations. * * * * * * * * * * 11. Accessory uses. * * * * * * * * * * b. The following shall apply to required parking for accessory uses: i. Accessory uses located within the building interior may occupy between ten 15 percent and 15 20 percent of the gross floor area of the development, but only when additional parking is provided for that portion of the accessory uses which exceeds ten 15 percent. The required amount of parking shall be calculated by using the minimum off-street parking development standard for the most intensive accessory use(s). Where there is a range of parking standards, the lowest number of spaces allowed shall be used to calculate the additional amount of off-street parking required for the project. In projects where the interior accessory uses exceed 15 20 percent of the building gross floor area, all interior accessory uses shall be considered additional primary uses for purposes of calculating development potential and parking requirements. * * * * * * * * * * K L. Restaurants. 1. Lot area and width: The reduction in lot area will not result in a building which is out of scale with existing buildings in the immediate vicinity of the parcel proposed for development; 2. Location: The use of the parcel proposed for development will not involve direct access to a major arterial street; 32. Height: The increased height results in an improved site plan and/or improved design and appearance; 4. Signs: No sign of any kind is designed or located so that any portion of the sign is more than six feet above the finished grade of the front lot line of the parcel proposed for development unless the sign is a part of a comprehensive sign program; 53. Setbacks: a. The reduction in front setback contributes to a more active and dynamic street life; b. The reduction in front setback results in an improved site plan or improved design and appearance; c. The reduction in side and rear setback does not prevent access to the rear of any building by emergency vehicles; d. The reduction in side and rear setback results in an improved site plan, more efficient parking or improved design and appearance; 64. Off-street parking: Attachment number 1 \nPage 21 of 43 Item # 7 Ordinance No. 8349-12 Page 22 a. The physical characteristics of a proposed building are such that the likely uses of the property will require fewer parking spaces per floor area than otherwise required or that the use of significant portions of the building for storage or other non-parking demand-generating purposes; b. Fast food restaurants shall not be eligible for a reduction in the number of off-street parking spaces; c. Adequate parking is available on a shared basis as determined by all existing land uses within 1,000 feet of the parcel proposed for development, or parking is available through any existing or planned and committed parking facilities or the shared parking formulas in Article 3, Division 14. 75. The design of all buildings complies with the Tourist District design guidelines in Division 5 of Article 3. M. Retail plazas. 1. Height: The increased height results in an improved site plan or improved design and appearance; 2. Setbacks: a. The reduction in front setback contributes to a more active and dynamic street life; b. The reduction in front setback results in an improved site plan or improved design and appearance; c. The reduction in side and rear setbacks does not prevent access to the rear of any building by emergency vehicles; d. The reduction in side and rear setbacks results in an improved site plan, more efficient parking or improved design and appearance; e. The reduction in side and rear setbacks does not reduce the amount of landscaped area otherwise required. 3. The design of all buildings complies with the Tourist District design guidelines in Division 5 of Article 3. 4. Restaurants within the shopping center may occupy up to 25% of the total gross floor area of the shopping center. Any restaurant, or fraction thereof, that exceeds 25% must provide off-street parking at a rate consistent with the parking requirement for the restaurant use in the district. 5. All shopping center buildings, including outbuildings, must be unified in terms of color, materials, and architectural style. * * * * * * * * * * Section 15. That Article 2, Zoning Districts, Division 9, Downtown District (D), Section 2-902, Table 2-902 “D” Flexible Standard Development Standards, Community Development Code, be, and the same is hereby amended to read as follows: Table 2-902. "D" Flexible Standard Development Standards Use Max. Height (ft.) Min. Off-Street Parking Accessory Dwellings n/a n/a Alcoholic Beverage Sales 30—50 3—5 per 1,000 GFA Attached Dwellings 30—50 1-1.5 per unit Bars 30 – 50 3 – 10 per 1,000 GFA Attachment number 1 \nPage 22 of 43 Item # 7 Ordinance No. 8349-12 Page 23 Convention Center 30 – 50 5 per 1,000 GFA Indoor Recreation/Entertainment Facility 30—50 3—5 per 1,000 GFA(1) Mixed Use 30—50 Based upon specific use requirements Nightclubs 30—50 3—10 per 1,000 GFA Offices 30—50 1—3 per 1,000 GFA(1) Overnight Accommodations 30—50 .75—1 per unit Parking Garages and Lots 50 n/a Parks and Recreation Facilities 50 1 per 20,000 SF or as determined by the community development coordinator based on ITE Manual standards Places of Worship 30—50 .5—1 per 2 seats Public Transportation Facilities 10 n/a Restaurants 30—50 5 – 15 10 per 1,000 GFA(1) Retail Plazas 30 – 50 4 per 1,000 GFA Retail Sales and Service 30—50 2—4 per 1,000 GFA(1) Social and Community Centers 30—50 2—4 per 1,000 GFA Utility/Infrastructure Facilities n/a n/a (1) For those existing buildings/properties with frontage on Cleveland Street that are located between Osceola Avenue and Myrtle Avenue that have no existing off-street parking spaces, nor the ability to provide any off- street parking spaces, the use(s) of the buildings/properties may be changed without the off-street parking that would otherwise be required for the change of use being provided. Section 16. That Article 2, Zoning Districts, Division 9, Downtown District (D), Section 2-902, Flexible Standard Development, Community Development Code, be, and the same is hereby amended to read as follows with subsections re-lettered as appropriate: * * * * * * * * * * Flexibility criteria: * * * * * * * * * * D Bars. 1. Height: The increased height results in an improved site plan and/or improved design and appearance; 2. Off-street parking: a. The physical characteristics of a proposed building are such that the likely uses of the property will require fewer parking spaces per floor area than otherwise required or the physical context, including adjacent buildings and uses are such that there is a high probability that patrons will use modes of transportation other than the automobile to access the use; b. Adequate parking is available on a shared basis as determined by all existing land uses within 1,000 feet of the parcel proposed for development or parking is available through any existing or planned and committed parking facilities or the shared parking formula in Article 3, Division 14; 3. Design: a. All street frontage is designed and used for commercial purposes; b. The design of all buildings complies with the Downtown District design guidelines in Division 5 of Article 3. * * * * * * * * * * Attachment number 1 \nPage 23 of 43 Item # 7 Ordinance No. 8349-12 Page 24 P. Retail plazas. 1. Height: The increased height results in an improved site plan and/or improved design and appearance; 2. The design of all buildings complies with the Downtown District design guidelines in Division 5 of Article 3. 3. Restaurants within the shopping center may occupy up to 25% of the total gross floor area of the shopping center. Any restaurant, or fraction thereof, that exceeds 25% must provide off-street parking at a rate consistent with the parking requirement for the restaurant use in the district. 4. All shopping center buildings, including outbuildings, must be unified in terms of color, materials, and architectural style. * * * * * * * * * * Section 17. That Article 2, Zoning Districts, Division 9, Downtown District (D), Section 2-903, Table 2-903 “D” Flexible Development Standards, Community Development Code, be, and the same is hereby amended to read as follows: Table 2-903. "D" District Flexible Development Standards Use Max. Height (ft.) Min. Off-Street Parking Alcoholic Beverage Sales 30—100 3—5 per 1,000 GFA Animal Boarding 30 4 per 1,000 GFA Attached Dwellings 30—100 1—1.5 per unit Comprehensive Infill Redevelopment Project n/a Determined by the community development coordinator based on the specific use and/or ITE Manual standards Educational Facilities 30—100 4/1000 GFA Governmental Uses 30—100 3—5 per 1,000 GFA Indoor Recreation/Entertainment Facility 30—100 3—5 per 1,000 GFA(1) Limited Vehicle Sales and Display 30 2—4 per 1,000 GFA Marinas and Marina Facilities 30 1 space per 2 slips Mixed Use 30—100 Based upon specific use requirements Nightclubs 30—100 3—10 per 1,000 GFA Offices 30—100 1—3 per 1,000 GFA(1) Overnight Accommodations 50—100 .75—1 per unit Public Facilities 30—100 1—2 per 1,000 GFA Restaurants 30—100 5 – 15 10 per 1,000 GFA(1) Retail Sales and Service 30—100 2—4 per 1,000 GFA(1) Social/Public Service Agencies 30—100 3—4 per 1,000 GFA Telecommunication Towers Refer to Section 3-2001 n/a Veterinary Offices, and or Animal Grooming and Boarding 30 4 per 1,000 GFA Attachment number 1 \nPage 24 of 43 Item # 7 Ordinance No. 8349-12 Page 25 (1) For those existing buildings/properties with frontage on Cleveland Street that are located between Osceola Avenue and Myrtle Avenue that have no existing off-street parking spaces, nor the ability to provide any off- street parking spaces, the use(s) of the buildings/properties may be changed without the off-street parking that would otherwise be required for the change of use being provided. Section 18. That Article 2, Zoning Districts, Division 9, Downtown District (D), Section 2-903, Flexible Development, Community Development Code, be, and the same is hereby amended to read as follows with subsections re-lettered as appropriate: * * * * * * * * * * B. Animal Boarding. 1. The parcel is not contiguous to a parcel of land which is designated as residential in the Zoning Atlas. 2. The use of the parcel does not involve animal confinement facilities that are open to the outside. 3. Animals may have supervised outdoor exercise but only between 7:00 a.m. - 9:00 p.m. In no case shall animals be left unsupervised while outdoors. 4. Accessory boarding facilities shall contain waste control facilities and an air- handling system for disinfection and odor control. 5. The design of all buildings complies with the Downtown District design guidelines in Division 5 of Article 3. * * * * * * * * * * RS. Veterinary offices, and or animal grooming and boarding. * * * * * * * * * * Section 19. That Article 2, Zoning Districts, Division 10, Office District (O), Section 2- 1002, Minimum Standard Development, Table 2-1002 “O” District Minimum Development Standards, Community Development Code, be, and the same is hereby amended to read as follows: Table 2-1002. "O" District Minimum Development Standards Use Min. Lot Area (sq. ft.) Min. Lot Width (ft.) Max. Height (ft.) Min. Setbacks (ft.) Min. Off-Street Parking Front Side Rear Offices 10,000 100 30 25 20 10 20 3/1,000 sq. ft. GFA Parks and Recreation Facilities n/a n/a 50 25 10 20 1 per 20,000 SF land area or as determined by the community development director based on ITE Manual standards Places of Worship(1) 40,000 200 30 35 20 20 1 per 2 seats Schools 40,000 200 30 35 20 20 1/3 students (1) Places of Worship shall not exceed five acres. Any such use, alone or when added to contiguous like uses which exceed five acres shall require a land use plan map amendment to Institutional which shall include such uses and all contiguous like uses. Attachment number 1 \nPage 25 of 43 Item # 7 Ordinance No. 8349-12 Page 26 Section 20. That Article 2, Zoning Districts, Division 10, Office District (O), Section 2- 1003, Flexible Standard Development, Table 2-1003 “O” District Flexible Standard Development Standards, Community Development Code, be, and the same is hereby amended to read as follows: Section 21. That Article 2, Zoning Districts, Division 10, Office District (O), Section 2- 1003, Flexible Standard Development, Community Development Code, be, and the same is hereby amended to read as follows: * * * * * * * * * * Table 2-1003. "O" District Flexible Standard Development Standards Use Min. Lot Area (sq. ft.) Min. Lot Width (ft.) Max. Height (ft.) Min. Setbacks (ft.) Min. Off-Street Parking Front* Side Rear Accessory Dwellings n/a n/a n/a n/a n/a n/a 1/unit Community Residential Homes 6,000 60 30 25 10 10 1 per 2 residents Educational Facilities 3,500 50 30—50 25 10 20 2—3/1,000 GFA Medical Clinic 20,000 100 30 35 20 20 5/1,000 GFA Nursing Homes 20,000 100 30 35 20 20 1 per 2 residents Offices 3,500 – 10,000 50 – 100 30—50 15 – 25 10 10 – 20 2—3/1,000 GFA Off-Street Parking 3,500 50 n/a 25 10 20 n/a Places of Worship (1) 20,000— 40,000 100—200 30—50 25—35 10—20 10—20 1 per 2 seats Public Transportation Facilities (2) n/a n/a 10 n/a n/a n/a n/a Restaurant n/a n/a n/a n/a n/a n/a n/a Retail Sales and Service n/a n/a n/a n/a n/a n/a n/a TV/Radio Studios 40,000 200 35 35 20 20 5/1,000 GFA Utility/Infrastructure Facilities (3) n/a n/a n/a 35 20 20 n/a Veterinary Offices 5,000 50 30 25 10 20 4/1000 GFA * The front setback may be reduced to 15 feet for parking lots provided the land area is not sufficient to accommodate the full setback requirement and the reduction results in an improved design and appearance and landscaping is in excess of the minimum required. (1) Places of worship shall not exceed five acres. Any such use, alone or when added to contiguous like uses which exceed five acres shall require a land use plan map amendment to Institutional which shall include such uses and all contiguous like uses. (2) Public transportation facilities shall not exceed three acres. Any such use, alone or when added to contiguous like uses which exceed three acres shall require a land use plan map amendment to transportation/utility which shall include such uses and all contiguous like uses. (3) Utility/infrastructure facilities shall not exceed three acres. Any such use, alone or when added to contiguous like uses which exceed three acres shall require a land use plan map amendment to transportation/utility which shall include such uses and all contiguous like uses. Attachment number 1 \nPage 26 of 43 Item # 7 Ordinance No. 8349-12 Page 27 Flexibility criteria: * * * * * * * * * * F. Offices. 1. Height: a. The increased height results in an improved site plan, landscaping areas in excess of the minimum required or improved design and appearance; b. The increased height will not reduce the vertical component of the view from any adjacent residential property; 2. No sign of any kind is designed or located so that any portion of the sign is more than six feet above the finished grade of the front lot line of the parcel proposed for development unless such signage is a part of an approved comprehensive sign program. 3. Off-street parking: The physical characteristics of a proposed building are such that the likely use of the property will require fewer parking spaces per floor area than otherwise required or that the use of significant portions of the building will be used for storage or other non-parking demand-generating purposes. 4. Lot area and width: The reduction in lot area and/or width will not result in a building which is out of scale with existing buildings in the immediate vicinity of the parcel proposed for development; 5. Front and rear setbacks: The reduction in front and/or rear setbacks result in an improved site plan, more efficient parking or improved design and appearance. * * * * * * * * * * J. Restaurants. 1. The use is located in a building which is primarily used for office purposes; 2. The restaurant does not occupy more than ten percent of the floor area of the building in which it is located; 32. The total floor area devoted to retail sales and service use and restaurant does not occupy more than ten percent of the floor area of the building in which it is located. K. Retail sales and services. 1. The use is located in a building which is primarily used for office purposes; 2. The retail sales and service use does not occupy more than ten percent of the floor area of the building in which it is located. 2. The total floor area devoted to retail sales and service use and restaurant does not occupy more than ten percent of the floor area of the building in which it is located. * * * * * * * * * * Section 22. That Article 2, Zoning Districts, Division 10, Office District (O), Section 2- 1004, Flexible Development, Table 2-1004 “O” District Flexible Development Standards, Community Development Code, be, and the same is hereby amended to read as follows: Table 2-1004. "O" District Flexible Development Standards Use Min. Lot Area (sq. ft.) Min. Lot Width (ft.) Max. Height (ft.) Min. Setbacks (ft.) Min. Off-Street Parking Front Side Rear Accessory Dwellings n/a n/a n/a n/a n/a n/a 1/unit Attachment number 1 \nPage 27 of 43 Item # 7 Ordinance No. 8349-12 Page 28 Section 23. That Article 2, Zoning Districts, Division 10, Office District (O), Section 2- 1004, Flexible Development, Community Development Code, be, and the same is hereby amended to read as follows with subsections re-lettered as appropriate: * * * * * * * * * * Flexibility criteria: A. Accessory dwellings. One accessory dwelling, which is subordinate and accessory to a principal permitted use provided that: 1. Title to the accessory dwelling is vested in the ownership of the principal use; 2. The floor area of the accessory dwelling does not exceed 25 percent of the floor area of the principal use. * * * * * * * * * * F. Offices. 1. Height: a. The increased height results in an improved site plan, landscaping areas in excess of the minimum required or improved design and appearance; b. The increased height will not reduce the vertical component of the view from any adjacent residential property. 2. Sign: No sign of any kind is designed or located so that any portion of the sign is more than six feet above the finished grade of the front lot line of the parcel proposed for development unless such signage is a part of an approved comprehensive sign program. 3. Off-street parking: The physical characteristics of a proposed building are such that the likely uses of the property will require fewer parking spaces per floor area than otherwise required or that the use of significant portions of the building will be used for storage or other non-parking demand-generating purposes. Comprehensive Infill Redevelopment Project n/a n/a n/a n/a n/a n/a Determined by the community development director based on the specific use and/or ITE Manual standards Medical Clinic 20,000 100 30—50 15—35 10—20 10—20 5/1,000 GFA Mixed Use 3,500 50 30—80 15—35 10—20 10—20 2—3/1,000 GFA and 2 spaces per residential unit Based upon specific use requirements Nursing Homes 20,000 100 30—50 15—35 10—20 10—20 1 per 2 residents Offices 3,500 50 30—80 15—35 10—20 10—20 2—3/1,000 GFA Restaurant n/a n/a n/a n/a n/a n/a n/a Retail Sales and Service n/a n/a n/a n/a n/a n/a n/a Telecommunication Towers 10,000 100 Refer to Section 3- 2001 25 10 20 n/a TV/Radio Studios 20,000— 40,000 100—200 35—80 15—35 10—20 10—20 3—5/1,000 GFA Attachment number 1 \nPage 28 of 43 Item # 7 Ordinance No. 8349-12 Page 29 4. Front setback: The reduction in front setback results in an improved site plan or improved design and appearance. 5. Side and rear setbacks: a. The reduction in side and/or rear setback does not prevent access to the rear of any building for emergency access; b. The reduction in side and/or rear setback results in an improved site plan, more efficient parking or improved design and appearance and landscaping in excess of the minimum required. G. Restaurants. 1. The use is located in a building which is primarily used for office purposes; 2. The restaurant does not occupy more than ten percent of the floor area of the building in which it is located; 3. The total floor area devoted to retail sales and service use and restaurant does not occupy more than ten percent of the floor area of the building in which it is located; 4. The use of the parcel proposed for development will not involve direct access to a major arterial street. H. Retail sales and services. 1. The use is located in a building which is primarily used for office purposes; 2. The retail sales and service use does not occupy more than ten percent of the floor area of the building in which it is located; 3. No sign of any kind related to the retail sales and service use is designed or located so that any portion of the sign is more than six feet above the finished grade of the front lot line of the parcel proposed for development unless such signage is a part of an approved comprehensive sign program; 4. The use of the parcel proposed for development will not involve direct access to a major arterial street. * * * * * * * * * * Section 24. That Article 2, Zoning Districts, Division 12, Institutional District (I), Section 2-1203, Flexible Standard Development, subsection K, Residential Shelters, Community Development Code, be, and the same is hereby amended to read as follows: * * * * * * * * * * Flexibility criteria: * * * * * * * * * * K. Residential shelters. 1. The parcel proposed for development does not abut a manufacturing, wholesale sales and service use wholesale/distribution/warehouse facility, office or retail sales and service use; 2. The parcel proposed for development is located within 600 feet of a transit line; 3. The parcel proposed for development is not located within 1,500 feet of another residential shelter; 4. All outdoor lighting is designed and located so that light fixtures do not cast light directly on to adjacent land use for residential purposes; 5. The residential shelter does not involve outdoor eating or sleeping facilities. 6. Front setback: The reduction in front setback results in an improved site plan or improved design and appearance and landscaping exceeds the minimum required. Attachment number 1 \nPage 29 of 43 Item # 7 Ordinance No. 8349-12 Page 30 7. Rear setback: The reduction in rear setback is necessary to preserve protected trees and/or results in an improved site plan or more efficient design and appearance and landscaping exceeds the minimum required. 8. The parcel is not located within the Clearwater Downtown Redevelopment Plan area. * * * * * * * * * * Section 25. That Article 2, Zoning Districts, Division 13, Industrial, Research and Technology District (IRT), Section 2-1302, Minimum Standard Development, Table 2-1302 “IRT” District Minimum Standard Development, Community Development Code, be, and the same is hereby amended to read as follows: Table 2-1302. "IRT" District Minimum Standard Development Standards Uses Min. Lot Area (sq. ft.) Min. Lot Width (ft.) Min. Setbacks (ft.) Max. Height (ft.) Min. Off-Street Parking Front Side/ Rear Accessory Dwellings 5,000 50 20 15 50 1/unit Governmental Uses(1) 20,000 200 20 15 50 3/1,000 SF GFA Indoor Recreation/Entertainment(2) 20,000 200 20 15 50 5/1,000 SF GFA or 5/lane, 2/court or 1/machine Manufacturing(3) 20,000 200 20 15 50 1.5/1,000 SF GFA Offices(4) 20,000 n/a 200 n/a 20 n/a 15 n/a 50 n/a 3/1,000 SF GFA n/a Outdoor Storage (accessory use)(5) n/a n/a n/a n/a n/a n/a Parks and Recreation Facilities n/a n/a 25 10/20 50 1 per 20,000 SF land area or as determined by the community development coordinator based on the ITE Manual standards Publishing and Printing 20,000 200 20 15 50 3/1,000 SF GFA Research and Technology 20,000 200 20 15 50 2/1,000 SF GFA Restaurants(6) 10,000 200 100 20 15 50 15 12 spaces per 1,000 SF GFA Self Storage 20,000 200 20 15 50 1 per 20 units plus 2 for manager's office TV/Radio Studios 20,000 200 20 15 50 4/1000 SF GFA Vehicle Service(7) 20,000 200 20 15 50 1.5/1,000 SF GFA Wholesale/Distribution/ Warehouse Facility 20,000 200 20 15 50 1.5/1,000 SF GFA (1) Government uses shall not exceed five acres. Any such use, alone or when added to contiguous like uses which exceed five acres shall require a land use plan map amendment to Institutional which shall include such uses and all contiguous like uses. Attachment number 1 \nPage 30 of 43 Item # 7 Ordinance No. 8349-12 Page 31 (2) Indoor recreation/entertainment uses, when alone or added to existing contiguous like uses, and when not part of a master development plan, shall not exceed five acres. This restriction applies when used in the Industrial Limited (IL) Countywide future land use plan category. (3) In the Industrial Limited (IL) land use category, manufacturing shall be limited to a use engaged in the manufacture, predominately from previously prepared materials, of finished products or parts, including processing, fabrication, assembly, treatment, packaging, storage, sales and distribution of goods, and shall not include or allow for any exterior storage or processing of equipment or materials of any kind. (4) Offices located in the Industrial General (IG) future land use category shall be allowed only as an accessory use, located within the structure to which it is accessory, and shall not exceed 25 percent of the floor area of the principal use to which it is accessory. Offices located in the Industrial Limited (IL) future land use category are not permissible as a Minimum Standard Development. (5) Outdoor storage within the required front yard setback shall be prohibited. Such outdoor storage areas shall be limited to not more than 30 percent of the subject lot or parcel and shall be completely screened from view from all adjacent residential zoned properties and/or public rights-of-way by a solid wall/fence six feet in height. Items stored within outdoor storage areas shall not exceed six feet in height and/or shall not be otherwise visible from adjacent residentially zoned property and/or public rights-of-way. (6) Restaurants that are accessory or incidental to any permitted use will not require Flexible Standard Development application for review. Restaurants located in the IL future land use category shall not exceed five acres. Any such use, alone or when added to contiguous like uses which exceed five acres shall require a land use plan amendment to the appropriate category which shall include such use and all contiguous like uses. Restaurants located in the IG future land use category shall be allowed only as an accessory use, located within the structure to which it is accessory, and shall not exceed 25 percent of the floor area of the principal use to which it is accessory. (7) Vehicle service located in the Industrial General (IG) future land use category shall be allowed only as an accessory use, located within the structure to which it is accessory, and shall not exceed 25 percent of the floor area of the principal use to which it is accessory. Vehicle service located in the Industrial Limited (IL) future land use category shall not exceed five acres. Any such use, alone or when added to contiguous like uses which exceed five acres shall require a land use plan map amendment to Commercial General which shall include such uses and all contiguous like uses. Section 26. That Article 2, Zoning Districts, Division 13, Industrial, Research and Technology District (IRT), Section 2-1303, Flexible Standard Development, Table 2-1303 “IRT” District Flexible Standard Development, Community Development Code, be, and the same is hereby amended to read as follows: Table 2-1303. "IRT" District Flexible Standard Development Standards Uses Min. Lot Area (sq. ft.) Min. Lot Width (ft.) Min. Setbacks (ft.) Max. Height (ft.) Min. Off-Street Parking Front* Side/ Rear Animal Boarding 10,000 100 20 15 30 5/1,000 SF GFA Automobile Service Stations(1) 20,000 100 20 15 30 4/1000 SF GFA Major Vehicle Service(1) 20,000 100 20 15 30 4/1000 SF GFA Manufacturing(2) 10,000 100 20 15 50 1.5/1,000 SF GFA Offices 20,000 200 20 15 50 3/1,000 SF GFA Outdoor Recreation/Entertainment(3) 40,000 200 20 15 30 1—10/1,000 SF Land Area or as determined by the community development coordinator based on ITE Manual standards Attachment number 1 \nPage 31 of 43 Item # 7 Ordinance No. 8349-12 Page 32 Outdoor Storage 10,000 100 20 15 30 3/1,000 SF GFA Parking Lots 10,000 100 20 15 n/a n/a Public Facilities 10,000 100 20 15 50 1—2 per 1,000 GFA Public Transportation Facilities(4) n/a n/a n/a n/a 10 n/a Publishing and Printing 10,000— 20,000 100—200 20 15 50 3/1,000 SF GFA Research and Technology 10,000 100 20 15 50 2/1,000 SF GFA Residential Shelters(5) 5,000 50 20 15 30 3/1,000 SF GFA Retail Sales and Services(1) n/a n/a n/a n/a n/a n/a Restaurants(6) 5,000— 10,000 50 -100 20 15 30 50 7 – 15 12 spaces per 1,000 GFA Self Storage 10,000 100 20 15 50 1 per 20—25 units plus 2 for manager's office TV/Radio Studios 10,000 100 20 15 50 4/1000 SF GFA Utility/Infrastructure Facilities(7) n/a n/a 20 15 n/a n/a Vehicle Sales/Displays and Major Vehicle Sales/Displays(8) 40,000 200 20 15 30 1.5/1,000 SF Lot Sales Area Vehicle Service(8) 10,000 100 20 15 50 1.5/1,000 SF GFA Veterinary Offices or Animal Grooming 10,000 100 20 15 30 5/1,000 SF GFA Wholesale/Distribution/Warehouse Facility 10,000 100 20 15 50 1.5/1,000 SF GFA * The front setback may be reduced to 15 feet for parking lots provided the land area is not sufficient to accommodate the full setback requirement and the reduction results in an improved site plan or improved design and appearance and landscaping is in excess of the minimum required. (1) Automobile service station, major vehicle service, and retail sales and service uses in the Industrial Limited (IL) future land use category that are not part of a master development plan shall not exceed five acres. Any such use, alone or when added to contiguous like uses which exceed five acres shall require a land use plan map amendment to the appropriate category which shall include such uses and all contiguous like uses. (2) In the Industrial Limited (IL) land use category, manufacturing shall be limited to a use engaged in the manufacture, predominately from previously prepared materials, of finished products or parts, including processing, fabrication, assembly, treatment, packaging, storage, sales and distribution of goods, and shall not include or allow for any exterior storage or processing of equipment or materials of any kind. (3) Outdoor recreation/entertainment uses in the Industrial Limited (IL) future land use category that are not part of a master development plan shall not exceed five acres. Any such use, alone or when added to contiguous like uses which exceed five acres shall require a land use plan map amendment to the appropriate category which shall include such uses and all contiguous like uses. (4) Public transportation facilities shall not exceed five acres. Any such use, alone or when added to contiguous like uses which exceed five acres shall require a land use plan map amendment to Transportation/Utility which shall include such uses and all contiguous like uses. (5) Residential shelters shall not exceed five acres. Any such use, alone or when added to contiguous like uses which exceed five acres shall require a land use plan map amendment to Transportation/Utility which shall include such uses and all contiguous like uses. (6) Restaurants that are accessory or incidental to any permitted use will not require Flexible Standard Development application for review. Restaurants located in the IL future land use category shall not exceed five acres. Any such use, alone or when added to contiguous like uses which exceed five acres shall require a land use plan amendment to the appropriate category which shall include such use and all contiguous like uses. Restaurants located in the IG future land use category shall be allowed only as an accessory use, located within Attachment number 1 \nPage 32 of 43 Item # 7 Ordinance No. 8349-12 Page 33 the structure to which it is accessory, and shall not exceed 25 percent of the floor area of the principal use to which it is accessory. (7) Utility/infrastructure uses shall not exceed five acres. Any such use, alone or when added to contiguous like uses which exceed five acres shall require a land use plan map amendment to Transportation/Utility which shall include such uses and all contiguous like uses. (8) Vehicle sales/displays, major vehicle sales/displays, and/or vehicle service in the Industrial Limited land use category shall not exceed five acres. In the Industrial General category such use shall not exceed 25 percent or the floor area and shall be accessory. Any such use, alone or when added to contiguous like uses which exceed five acres or 25 percent of the floor area shall require a land use plan map amendment to Commercial General which shall include such uses and all contiguous like uses. In the Industrial General category such uses shall not exceed 25 percent of the floor area and shall be accessory. Section 27. That Article 2, Zoning Districts, Division 13, Industrial, Research and Technology District (IRT), Section 2-1303, Flexible Standard Development, Community Development Code, be, and the same is hereby amended to read as follows with subsections re-lettered as appropriate: * * * * * * * * * * Flexibility criteria: * * * * * * * * * * A. Animal boarding. 1. The parcel is not contiguous to a parcel of land which is designated as residential in the Zoning Atlas. 2. The use does not involve animal confinement facilities that are open to the outside. 3. Animals may have supervised outdoor exercise but only between 7:00 a.m. - 9:00 p.m. In no case shall animals be left unsupervised while outdoors. 4. Accessory boarding facilities shall contain waste control facilities and an air- handling system for disinfection and odor control. * * * * * * * * * * TU. Veterinary offices and animal grooming. * * * * * * * * * * Section 28. That Article 2, Zoning Districts, Division 13, Industrial, Research and Technology District (IRT), Section 2-1304, Flexible Development, Table 2-1304 “IRT” District Flexible Development Standards, Community Development Code, be, and the same is hereby amended to read as follows: Table 2-1304. "IRT" District Flexible Development Standards Uses Min. Lot Area (sq. ft.) Min. Lot Width (ft.) Min. Setbacks (ft.) Max. Height (ft.) Min. Off-Street Parking Front* Side Rear Adult Uses(1) 10,000 100 20 15 15 30 5/1,000 SF GFA Bars (5) 10,000 100 20 15 15 30 10 per 1,000 GFA Comprehensive Infill Redevelopment Project n/a n/a n/a n/a n/a n/a Determined by the community development director coordinator based on the specific use and/or ITE Manual Attachment number 1 \nPage 33 of 43 Item # 7 Ordinance No. 8349-12 Page 34 standards Nightclubs(2) 10,000 100 20 15 15 30 15/1,000 SF GFA 10 per 1,000 GFA Offices 10,000 100 20 15 15 30 50 3/1,000 SF GFA Overnight Accommodations(3) 40,000 200 20 15 15 50 1/UNIT Salvage Yards 40,000 200 20 15 15 30 1/200 SF of office space Self Storage 20,000 100 20 15 15 30 1 per 20—25 units plus 2 for manager's office Social/Public Service Agencies(4) 10,000 100 20 15 15 30 3/1,000 SF GFA Telecommunication Towers 10,000 50 25 10 20 Refer to Section 3- 2001 n/a * The front setback may be reduced to 15 feet for parking lots provided the land area is not sufficient to accommodate the full setback requirement and the reduction results in an improved site plan or improved design and appearance and landscaping is in excess of the minimum required. (1) Adult uses shall not exceed five acres in area in the Industrial Limited land use plan map category or exceed 25 percent of a project in the Industrial General land use plan map category. (2) Nightclubs shall not exceed five acres in area in the Industrial Limited land use plan map category or exceed 25 percent of a project in the Industrial General land use plan map category. (3) Overnight accommodations shall not exceed five acres in the Industrial Limited land use plan map category. (4) Social/public service agencies shall not exceed five acres. (5) Bars shall not exceed five acres in area in the Industrial Limited land use plan map category or exceed 25 percent of a project in the Industrial General land use plan map category. Section 29. That Article 2, Zoning Districts, Division 13, Industrial, Research and Technology District (IRT), Section 2-1304, Flexible Development, Community Development Code, be, and the same is hereby amended to read as follows: * * * * * * * * * * Flexibility criteria: * * * * * * * * * * B. Bars. 1. The parcel proposed for development is not contiguous to a parcel of land which is designated as residential in the Zoning Atlas; 2. The use of the parcel proposed for development will not involve direct access to a major arterial street; 3. Adjacent land uses are of a nature that there is a high probability that patrons will use modes of transportation other than the automobile to access the use. * * * * * * * * * * DE. Offices. 1. The proposed use of the parcel shall be related to the uses permitted in the district and shall include, but not be limited to, office uses related to scientific or industrial research, product development and testing, engineering development and marketing development, corporate offices provided, however, that they do Attachment number 1 \nPage 34 of 43 Item # 7 Ordinance No. 8349-12 Page 35 not provide services or uses to the general public on the premises, and such other office uses, including support services, as well as uses which are accessory to and compatible with the permitted uses. Support services for the purposes of this zoning district shall be defined as companies that supply services utilized wholly by other companies located in this zoning district. 2. Offices located in the IG future land use category shall be allowed only as an accessory use, located within the structure to which it is accessory, and shall not exceed 25 percent of the floor area of the principal use to which it is accessory. * * * * * * * * * * G. Self storage. 1. The parcel proposed for development does not abut land which is designated or used for residential purposes. 2. Access doors to individual storage units are located within a building or are screened from view from adjacent property or public rights-of-way by landscaped walls or fences located no closer to the property lines of the parcel proposed for development than five feet. * * * * * * * * * * Section 30. That Article 3, Development Standards, Division 6, Dock/Marina Standards, Community Development Code, be, and the same is hereby amended to read as follows: DIVISION 6. DOCK/MARINA STANDARDS Section 3-601. Docks. * * * * * * * * * * C. New docks. 1. Docks, boatlifts and service catwalks that serve single-family or two-family dwellings. * * * * * * * * * * e. Number of docks/slips. No dock shall provide more than two slips for the mooring of boats, except as houseboats may otherwise be permitted consistent with Chapter 33 of the City's Code of Ordinances. Slips shall be for the exclusive use of the residents of the contiguous upland property. Personal watercraft lifts are not considered to be boat slips. i) No more than one dock structure shall be located at a single- family or two-family dwelling. ii) In the event that two or more properties each already having a dock are combined, then only one dock may remain. iii) No dock shall provide more than two slips for the mooring of boats, except as houseboats may otherwise be permitted consistent with Chapter 33 of the City's Code of Ordinances. Slips shall be for the exclusive use of the residents of the contiguous upland property. Personal watercraft lifts are not considered to be boat slips. * * * * * * * * * * Section 31. That Article 3, Development Standards, Division 8, Fences and Walls, Community Development Code, be, and the same is hereby amended to read as follows: Attachment number 1 \nPage 35 of 43 Item # 7 Ordinance No. 8349-12 Page 36 DIVISION 8. FENCES AND WALLS Section 3-801. Purpose and applicability. It is the purpose of this division to provide standards for fences and walls, except earth or water retaining walls determined to be necessary by the community development coordinator and fences and walls required by Article 3, Division 12, Landscaping. * * * * * * * * * * Section 3-804. Setback and height Height requirements. The following setback and height requirements shall apply to all fences, and walls, except chain link fences. A. Front setback. Walls and fences located in front of a principal structure shall be permitted to a maximum height of 36 inches with the following exceptions: 1. In the MDR and MHDR zoning districts, brick or other masonry walls or walls with masonry columns linked by substantial grill work shall be permitted to a maximum height of six feet in a required front setback area as a Level One (flexible standard development) approval. Such walls shall be architecturally compatible with the principal structure on the property and compatible with the surrounding properties. 2. In the HDR, MHP, C, T, D, O, I, IRT, OSR, and P zoning districts, PVC fences, brick or other masonry walls or walls with masonry columns linked by substantial grill work shall be permitted to a maximum height of six feet in a required front setback front of a principal structure. 3. Walls, no greater than a maximum height of six feet, shall be permitted for the perimeter of any residential subdivision located within any zoning district. Such walls shall be architecturally compatible with the building design within the subdivision. 4. Landscaping requirements. Any fence or wall that exceeds three feet in height and is located within any required structural setback adjacent to a public right-of- way shall provide a three feet wide landscaped strip on the street side of the fence. B. Side and rear setback areas. 1. Fences and walls shall be permitted to a maximum height of six feet between the principal structure and any side or rear lot line with the following exceptions: a1. Fences and walls may be permitted up to eight feet in height if located in the Industrial, Research, and Technology District ("IRT"). b2. Fences and walls may be permitted up to eight feet in height in the Commercial District through Level One, (Flexible Standard Development) approval to buffer uses with drive-thru facilities, vehicle sales/displays, automobile service stations, outdoor retail sales, display and/or storage and residential zoning districts. If any fence is part of a Level Two review, the decision to approve the fence will be made by the Community Development Board. c3. On those properties adjacent to water, fences proposed to be located within 20 feet of the property line adjacent to the water or within the required setback, whichever is greater, must be non-opaque and cannot exceed 48 inches in height. C. Reserved. Landscaping requirements. Any fence or wall that exceeds three feet in height and is located between a principal structure and any right-of-way shall provide a three foot wide landscaped strip on the right-of-way side of the fence. Attachment number 1 \nPage 36 of 43 Item # 7 Ordinance No. 8349-12 Page 37 D. Corner lots. For the purposes of fence placement on corner lots, the front yard shall be the side of the property from which the property is addressed. The placement of any fence on this side of the property shall adhere to the front setback provisions in Section 3-804(A) 3-804.A., above. The other side of the property shall be considered a side yard. A and a fence may be erected in this area in compliance with the side yard setback provisions in subsection 3-804(B) Section 3-804.B., above, provided: the fence is consistent with the character and placement of any structures and setbacks on the adjoining properties, including the placement of the fence on the property line. 1. The fence is consistent with the character and placement of any structures and setbacks on the adjoining properties, including the placement of the fence on the property line. 2. However, if the side of the property is adjacent to a right-of-way that would be classified as an arterial or collector right-of-way by the City Engineer, then the fence may be constructed consistent with the provisions in Section 3-804.B., above, regardless of the above condition. E. Double frontage lots. For the purposes of fence placement on double frontage lots, the front yard shall be the side of the property from which the property is addressed. The placement of any fence on this side of the property shall adhere to the front setback provisions in Section 3-804(A) 3-804.A., above. The other opposite side of the property shall be considered a rear yard. A and a fence may be erected in this area in compliance with the rear yard setback provisions in Section 3-804(B) 3-804.B., above provided the following conditions exist: 1. The rear yards of the adjacent lots on the same side of the street are oriented the same as the lot on which the fence is proposed; and 2. The pattern of the dwellings across the street is also oriented with the rear yard facing the lots across the street. 3. If both of these the above conditions cannot be met, such fence in the rear setback shall not exceed three feet in height. 4. However, if the rear is adjacent to a right-of-way that would be classified as an arterial or collector right-of-way by the City Engineer, then the fence may be constructed consistent with the provisions in Section 3-804.B., above, regardless of any of the above conditions. F. Exception for attached dwellings. No fence or wall over six feet in height shall be permitted on any attached dwelling lot, except where the fence or wall is installed along the boundary of the property, in which case the fence or wall shall be uniformly designed and shall meet the height limits and other standards otherwise applicable to the fence or wall. G. Retaining walls, not including those walls associated with a detention pond which are regulated by Section 3-901, may be located between the principal structure and any front, side or rear lot line, provided no portion of the wall that is located above grade exceeds 18 inches in height unless otherwise required to be of a greater height to satisfy and environmental or engineering need as determined by the City Engineer. H. An equivalent combination of fence, wall, landscape berm or retaining wall may be utilized to achieve the maximum possible fence height; however in no case shall the combined height of the structures exceed the maximum height provisions. Section 3-805. Chainlink fences. The following requirements shall apply to chain link fences. A. Prohibited. Chainlink fences are prohibited within the Downtown District. B. Front setback. Chainlink fences shall not be permitted in the front yard setback area of a principal structure. Chainlink fences shall only be located on a parcel to the rear of the Attachment number 1 \nPage 37 of 43 Item # 7 Ordinance No. 8349-12 Page 38 front building line of the principal building, unless permitted pursuant to Section 3-802(E) above structure. C. Side and rear setbacks. Chainlink fences located in a side or rear yard between the principal structure and any side or rear lot line shall not exceed 48 inches or six feet if clad with green or black vinyl. If such side or rear yard lot line is adjacent to a public right-of-way, however, such chainlink fence shall not be permitted. D. Landscaping requirements. Chainlink fences which are not otherwise required to be landscaped by Article 3 Division 12 shall be landscaped with a continuous hedge or a nondeciduous robust growing vine at frequent intervals. Such landscaping may be located on the external or internal side of the fence along the entire length of the fence. E. Public or private recreational facilities. Chainlink fences for public or private tennis courts, golf courses and driving ranges, athletic fields, play courts, batting cages and other similar uses are exempt from height regulations contained in this section and the location restriction of Section 3-805(B) 3-805.B., above. F. Vacant lots. In all zoning districts except for the Downtown District, chainlink fences, clad with green or black vinyl, and other non-opaque fences are permitted to secure any vacant lot or lot without a primary use and are subject to all requirements of Section 3- 805 above, with the exception to Section 3-805.B. Such fences shall be limited to a maximum height of three feet in the front setback and six feet in the side and rear setback. Upon development of the vacant lot, any chain link fencing shall be removed from the front setback. F. Vacant lots. In all zoning districts except for the Downtown District, chainlink fences, clad with green or black vinyl are permitted to secure any vacant lot. Such fences shall be limited to a maximum height of six feet and are subject to the requirements of 3-805.D., above. Upon development of the vacant lot, all chain link fencing shall be removed. G. Publicly owned landbanked properties. A six foot high green or black vinyl coated chainlink fence shall be permitted around the perimeter of any publicly owned landbanked property and shall be exempt from the landscaping requirements specified in Section 3-805.D., above. * * * * * * * * * * Section 3-807. Special regulations. A. Fences for swimming pools. A swimming pool may be enclosed with a four feet foot high fence or wall. B. Publicly owned landbanked properties. A six feet high green or black vinyl coated chainlink fence shall be permitted around the perimeter of any publicly owned landbanked property and shall be exempt from the landscaping requirements for chainlink fences specified in Section 3-805(C) above. BC. Visibility triangle. All fences and walls shall comply with the sight visibility triangle requirements in Article 3, Division 9. C. Subdivisions. 1. Parcels of land within a subdivision which, in conjunction with the approval of the subdivision, were required to have a fence and/or wall shall not be permitted any additional or substitute fences or walls which otherwise contravene the general purpose and uniformity afforded by the approved plan. 2. A six-foot high wall or fence, excluding chainlink, may be installed around the perimeter of any residential subdivision, provided such a wall or fence does not conflict with Section 3-807.C.1., above, or 3-804.A. D. Subdivisions. Parcels of land within a subdivision which, in conjunction with the approval of the subdivision, were required to have a fence, wall and/or landscape plan shall not be permitted any additional or substitute fences or walls which otherwise contravene the general purpose and uniformity afforded by the approved plan. Attachment number 1 \nPage 38 of 43 Item # 7 Ordinance No. 8349-12 Page 39 DE. Construction sites. Temporary fences around construction sites may be approved by the building official and such fences shall comply with any reasonable conditions, e.g., height, location, materials, as the building official may determine appropriate for a given property. EF. Fences on publicly owned landed lands. Deviations from these fence requirements may be permitted for fences associated with public projects pursuant to the Level 1 (flexible standard) approval process. * * * * * * * * * * Section 32. That Article 3, Development Standards, Division 12, Landscaping/Tree Protection, Section 3-1205, Tree Protection, Community Development Code, be and the same is hereby amended as follows: Section 3-1205. Tree protection. * * * * * * * * * * B. Criteria for issuance of a removal permit. * * * * * * * * * * 3. Expiration. Tree removal permits shall be valid for a period of six months from the date of issuance. Extensions may be granted by the community development coordinator or designee for good cause. * * * * * * * * * * Section 33. That Article 3, Development Standards, Division 21, Temporary Uses, Section 3-2103, Allowable Temporary Uses, Community Development Code, be, and the same is hereby amended to add a new subsection K, “Temporary Buildings During Construction,” and re-lettering the subsequent subsections as appropriate: * * * * * * * * * * K. Temporary buildings during construction. 1. Allowable within the C, T, D, O, I and IRT Districts; 2. Allowable only for the duration of an active building construction permit. All temporary buildings must be removed prior to the issuance of a Certificate of Completion or Certificate of Occupancy, as applicable, for the permanent building; 3. All temporary buildings must meet the setbacks applicable to the permanent building; 4. An adequate area for parking must be provided on-site that would accommodate the parking needs of the temporary building; and 5. The temporary use permit may be revoked if it should be determined that construction on the permanent building has ceased. * * * * * * * * * * Section 34. That Article 4, Development Review and Other Procedures, Division 3, Permitted Uses: Level One, Community Development Code, be, and the same is hereby amended to read as follows: * * * * * * * * * * Section 4-302. Application/approval by community development coordinator. A. Level One approval (minimum development standards). An applicant for a Level One approval (minimum development standards) shall submit an application in accordance Attachment number 1 \nPage 39 of 43 Item # 7 Ordinance No. 8349-12 Page 40 with the requirements of Section 4-202(A) and (F) to the community development coordinator who shall review the application in accordance with the requirements of Section 4-202(C) and (D) and determine whether the application demonstrates compliance with the requirements of this Development Code. Within 15 working days of a determination of sufficiency, the community development coordinator shall approve the application, deny the application or approve with conditions necessary to make the proposed development conforming with the applicable general and specific requirements set out in Articles 2 and 3 including the provisions of Section 3-913 in regard to general standards for approval conditions. 1. An applicant for a Level One approval (minimum development standards) shall submit an application in accordance with the requirements of Sections 4-202.A and F to the community development coordinator who shall review the application in accordance with the requirements of Sections 4-202.C and D and determine whether the application demonstrates compliance with the requirements of this Development Code. Within 15 working days of a determination of sufficiency, the community development coordinator shall approve the application, deny the application or approve with conditions necessary to make the proposed development conforming with the applicable general and specific requirements set out in Articles 2 and 3 including the provisions of Section 3-914 in regard to general standards for approval conditions. 2. It is acknowledged that changes of use may be proposed whereby conformance with all of the applicable general and specific requirements set out in Article 2 may not be possible or practicable. In those situations the following provisions shall apply: a. If there is no difference in the established development standards between an existing use and a proposed use that is permissible as a minimum standard use in the zoning district of the subject property, then the change of use may be processed as a Level One (minimum standard) approval even if the structures and/or properties involved are nonconforming with regard to said development standards, provided that the site is brought into compliance to the greatest extent practicable with the parking and landscaping standards set out in Article 3. b. If there is a difference in the established development standards between an existing use and a proposed use that is permissible as a minimum standard use in the zoning district of the subject property, but the proposed use would have a lesser impact, then the change of use may be processed as a Level One (minimum standard) approval even if the structures and/or properties involved are nonconforming with regard to said development standards, provided that the site is brought into compliance to the greatest extent practicable with the parking and landscaping standards set out in Article 3. c. If there is a difference in the established development standards between an existing use and a proposed use that is permissible as a minimum standard use in the zoning district of the subject property and the proposed use would have a greater impact, but still meet the parameters established below, then the change of use may be processed as a Level One (minimum standard) approval even if the structures and/or properties involved are nonconforming with regard to said development standards, provided the site is brought into compliance to the greatest extent practicable with the parking and landscape standards set forth in Article 3. Attachment number 1 \nPage 40 of 43 Item # 7 Ordinance No. 8349-12 Page 41 1. The building or tenant space, as applicable, is less than 5,000 square feet; and 2. The change of use cannot create a nonconforming situation with regard to the provision of off-street parking. In the instance where the existing use is currently nonconforming with regard to the provision of off-street parking, the resulting change of use cannot exacerbate this nonconformity by more than ten percent; and 3. Eligible uses include only offices, retail sales and services, and mixed-use (the commercial component of which may only include office or retail sales and services); and 4. If the existing development was part of a Level Two (Flexible Development) development approval, then the proposed change of use must comply with the provisions of Section 4-406. d. With regard to the above provisions, “lesser impact” and “greater impact” shall be based upon the difference in development standards between the two uses. * * * * * * * * * * Section 35. That Article 8, Definitions and Rules of Construction, Section 8-102, Definitions, Community Development Code, be, and the same is hereby amended as follows: Section 8-102. Definitions. * * * * * * * * * * Animal grooming or boarding uses means a use where animals are kept on a temporary basis in conjunction with grooming or overnight boarding. * * * * * * * * * * Bars means any establishment licensed by the State of Florida for consumption of alcohol on the premises, which is devoted during any time of operation predominantly or totally to serving alcoholic beverages, and in which the serving of food, if any, is merely incidental to the consumption of any such beverage; and the licensed establishment is not located within, and does not share any common entryway, or common indoor area with any business for which the sale of food or any other product or service is more than an incidental source of gross revenue; and seating/tables accounts for at least 75% of the total gross floor area of the use. * * * * * * * * * * Nightclubs means a commercial establishment wherein alcoholic beverages are sold and consumed on the premises and has entertainment, including, but not limited to, a dance floor, a band, orchestra, disc jockey and equipment, a stage for comedy, theatre, or other forms of live entertainment, but excluding adult entertainment. The dance floor or open space may be established by the temporary removal or re-arrangement of furniture or tables. Any establishment that charges a cover charge, door charge, required contribution, or one time membership fee (excluding social and community centers) or has a minimum drink purchase requirement will be designated a nightclub. Nightclubs, taverns, and bars means any facility licensed by the State of Florida for on premise consumption of alcoholic beverages but not including restaurants. * * * * * * * * * * Retail plazas means a building or group of buildings on the same property or adjoining properties, but operating as and/or presenting a unified/cohesive appearance and generally but not necessarily under common ownership and management, and which is partitioned into separate units that utilize a common parking area, and is designed for a variety of Attachment number 1 \nPage 41 of 43 Item # 7 Ordinance No. 8349-12 Page 42 interchangeable uses including governmental, indoor recreation/entertainment, office, restaurant, retail sales and service, and social/community center. In addition, bars, medical clinics, nightclubs, and places of worship may also be incorporated into retail plazas subject to their approval through the applicable Level One (Flexible Standard Development) or Level Two (Flexible Development) approval process and meeting their respective flexibility criteria. * * * * * * * * * * Retail sales and services means a building, property, or activity the principle use or purpose of which is the sale or lease of goods, products, materials, or services directly to the consumer, including grocery stores, bicycle stores (sales, rentals and/or repair), adult day care, child care, personal services, animal grooming, funeral homes, art galleries, artisans, farmer markets, and including the sale of alcoholic beverages for off-premises consumption provided that the sale of alcoholic beverages is subordinate to the principal use and display of alcoholic beverages occupies less than 25 percent of the floor area of the use. Not including problematic uses, street vendors or the on-premise consumption of alcoholic beverages. * * * * * * * * * * Temporary buildings during construction means a building that may be used to accommodate the principal use of a property in those instances where the permanent building that otherwise would accommodate the use is rendered unavailable/unoccupiable due to renovations, modifications or other construction related activities. * * * * * * * * * * Vehicle service, limited means an activity conducted within a structure which primarily involves the routine maintenance of automobiles, motorcycles, trucks, boats, and recreational vehicles. Limited vehicle service includes only washing, waxing, changing oil, detailing, installation of accessories or audio equipment, and window tinting. * * * * * * * * * * Section 36. 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 37. 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 38. 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 39. Notice of the proposed enactment of this Ordinance has been properly advertised in a newspaper of general circulation in accordance with applicable law. Section 40. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING ____________________________ Attachment number 1 \nPage 42 of 43 Item # 7 Ordinance No. 8349-12 Page 43 PASSED ON SECOND AND FINAL ____________________________ READING AND ADOPTED ____________________________ George N. Cretekos Mayor Approved as to form: Attest: ____________________________ ____________________________ Leslie K. Dougall-Sides Rosemarie Call Assistant City Attorney City Clerk Attachment number 1 \nPage 43 of 43 Item # 7 City Council Agenda Council Chambers - City Hall Meeting Date:9/6/2012 SUBJECT / RECOMMENDATION: Adopt Ordinance 8352-12 on second reading, annexing certain real property whose post office address is 3075 Cherry Lane, together with the abutting right-of-way of McMullen Booth Road, 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 # 8 Ordinance No 8352 -12 ORDINANCE NO. 8352-12 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTY LOCATED ON THE SOUTHWEST CORNER OF THE INTERSECTION OF CHERRY LANE AND MCMULLEN BOOTH ROAD, CONSISTING OF A PORTION OF THE SOUTH ½ OF THE SOUTHEAST ¼ OF THE NORTHWEST ¼ OF THE NORTHWEST ¼ OF SECTION 16, TOWNSHIP 29 SOUTH, RANGE 16 EAST, WHOSE POST OFFICE ADDRESS IS 3075 AND 3087 CHERRY LANE, TOGETHER WITH THE ABUTTING RIGHT-OF-WAY OF MCMULLEN BOOTH ROAD, INTO THE CORPORATE LIMITS OF THE CITY, AND REDEFINING THE BOUNDARY LINES OF THE CITY TO INCLUDE SAID ADDITION; PROVIDING AN EFFECTIVE DATE WHEREAS, the owner of the real property described herein and depicted on the map attached hereto as Exhibit A has petitioned the City of Clearwater to annex the property into the City pursuant to Section 171.044, Florida Statutes, and the City has complied with all applicable requirements of Florida law in connection with this ordinance; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following-described property is hereby annexed into the City of Clearwater and the boundary lines of the City are redefined accordingly: The East 269.05 feet of the North 100 feet of the South 110 feet of the South ½ of the Southeast ¼ of the Northwest ¼ of the Northwest ¼ of Section 16, Township 29 South, Range 16 East, Pinellas County, Florida, LESS the East 162 feet thereof , together with the abutting right-of-way of McMullen Booth Road. (ANX2012-05004) The map attached as Exhibit “A” is 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. 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. Attachment number 1 \nPage 1 of 2 Item # 8 Ordinance No 8352 -12 PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED ________________________________ George N. Cretekos Mayor Approved as to form: Attest: ___________________________ ____________________________________ Leslie K. Dougall-Sides Rosemarie Call Assistant City Attorney City Clerk Attachment number 1 \nPage 2 of 2 Item # 8 C:\Program Files (x86)\neevia.com\docConverterPro\temp\NVDC\4C5D9832-7A2C- 4E53-A57D-477CC882F436\PDFConvert.17304.1.8352-12_Ex_A.docx PROPOSED ANNEXATION MAP Owner: Pelfrey, Riley Dale Case: ANX2012-05004 Site: 3075 Cherry Lane & 3087 Cherry Lane Property Size (Acres): 0.248 (parcel) 0.489 (ROW) Land Use Zoning PIN: 16-29-16-00000-220-3000 & 16-29-16-00000-220-4100 From : To: RU R-2 RU LMDR Atlas Page: 292A 30 5 0 6 0 60 211 4 0 3 040 200 300 250 250 200 4 0 65 40 20 4 0 60 40 60 24 24 20 20 30 3030 30 24 24 2020 05155 05508 22410 83843 27521 175 19 * 3 2 1234 4 345 678 345 678 123456 78 9 151617181920212223 1 2 34 567 12131415161718 2 3412 1213141516171819 123456 78 910111213141516 12 3 4 56 22/14 2 2/0 8 22/13 22/12 22/15 22/20 2 2/2222/2 6 2 2/27 22/32 22/37 22/38 2 2/3 1 22/2 82 2/2 5 2 2/23 22/19 2 2/16 22/ 11 22/17 22/18 22/24 22/29 2 2/3 0 23/01 471(S) 30 507(S) 3.52 5.69 21/1021/11 21/1221/13 21/14 21/08 21/07 2 2/1 0 1 76 ( S) 13 3( S) 2 2/4 1 AC 2 1 McM ULL EN -B O OTH RD CHERRY LN JOHNS PKWY DOWNING ST C LEVE LAND ST OYS TER BA YOU WAY CO LO NIA L DR VIRGINIA AVE 19 25 11 123 200 150 304730433039 312 8 3 109 3 111 3108 31 07 3 081 3 085 3 114 3115 3119 3 035 313 3 312 9 312 7 312 5 3109 3101 3123 3 042 3 054 3 033 30 76 30 43 3031 3 078 3 108 3120 3130 30 60 30 35 3 065 3126 201 3 042 311 8 31 03 31 05 31 01 3065 304 4 3040 313 1 3107 3101 3112 3118 310 6 31 07 31 05 31 19 31 17 31 11 31 13 31 09 31 15 31 06 31 10 31 08 31 12 31 20 31 16 31 18 31 14 305 9 3053 3049 310 0 308 0 3 075 3 132 3 061 30 48 30 53 -Not to Scale- -Not a Survey- Attachment number 2 \nPage 1 of 1 Item # 8 City Council Agenda Council Chambers - City Hall Meeting Date:9/6/2012 SUBJECT / RECOMMENDATION: Adopt Ordinance 8353-12 on second reading, amending the future land use plan element of the Comprehensive Plan by designating the land use of certain real property whose post office address is 3075 Cherry Lane, together with the abutting right-of- way of McMullen Booth Road, upon annexation into the City of Clearwater, as Residential Urban (RU). SUMMARY: Review Approval: Cover Memo Item # 9 Ordinance No. 8353-12 ORDINANCE NO. 8353-12 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 ON THE SOUTHWEST CORNER OF THE INTERSECTION OF CHERRY LANE AND MCMULLEN BOOTH ROAD, CONSISTING OF A PORTION OF THE SOUTH ½ OF THE SOUTHEAST ¼ OF THE NORTHWEST ¼ OF THE NORTHWEST ¼ OF SECTION 16, TOWNSHIP 29 SOUTH, RANGE 16 EAST, WHOSE POST OFFICE ADDRESS IS 3075 AND 3087 CHERRY LANE, TOGETHER WITH THE ABUTTING RIGHT-OF-WAY OF MCMULLEN BOOTH ROAD, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS RESIDENTIAL URBAN (RU); PROVIDING AN EFFECTIVE DATE. WHEREAS, the amendment to the future land use plan element of the comprehensive plan of the City as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's comprehensive plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The future land use plan element of the comprehensive plan of the City of Clearwater is amended by designating the land use category for the hereinafter described property, upon annexation into the City of Clearwater, as follows: Property Land Use Category The East 269.05 feet of the North 100 feet Residential Urban (RU) of the South 110 feet of the South ½ of the Southeast ¼ of the Northwest ¼ of the Northwest ¼ of Section 16, Township 29 South, Range 16 East, Pinellas County, Florida, LESS the East 162 feet thereof, together with the abutting right-of-way of McMullen Booth Road. (ANX2012-05004) The map attached as Exhibit “A” 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. 8352-12. PASSED ON FIRST READING _____________________ PASSED ON SECOND AND FINAL _____________________ READING AND ADOPTED __________________________ Attachment number 1 \nPage 1 of 2 Item # 9 Ordinance No. 8353-12 George N. Cretekos Mayor Approved as to form: Attest: __________________________ __________________________ Leslie K. Dougall-Sides Rosemarie Call Assistant City Attorney City Clerk Attachment number 1 \nPage 2 of 2 Item # 9 8353-12 Exhibit A FUTURE LAND USE MAP Owner: Pelfrey, Riley Dale Case: ANX2012-05004 Site: 3075 Cherry Lane & 3087 Cherry Lane Property Size (Acres): 0.248 (parcel) 0.489 (ROW) Land Use Zoning PIN: 16-29-16-00000-220-3000 & 16-29-16-00000-220-4100 From : To: RU R-2 RU LMDR Atlas Page: 292A McM ULL EN -B O OTH RD CHERRY LN JOHNS PKWY DOWNING ST C LEVE LAND ST OYSTER BAYOU WAY CO LO NIA L DR VIRGINIA AVE I I I I I RU I RU I I R/OL RLM RU RU I I RU RU 19 25 11 123 200 150 304730433039 3042 31 28 31 18 31 09 31 11 310 8 310 3 31 07 310 5 310 1 30 81 30 85 3065 3114 31 15 3119 304 4 304 0 30 35 313 3 3129 3125 3109 3101 313 1 3118 31 06 3106 31 10 31 08 3112 31 20 3116 3118 3114 31 23 3059 3053 30 49 3042 31 00 3054 30 76 30 43 303 1 308 0 3078 310 8 313 0 3061 30 35 30 48 3065 312 6 30 53 201 312 7 31 07 31 01 3112 310 7 310 5 311 9 311 7 311 1 311 3 310 9 311 5 3033 312 0 3075 30 60 3132 -Not to Scale- -Not a Survey- RU Attachment number 2 \nPage 1 of 1 Item # 9 City Council Agenda Council Chambers - City Hall Meeting Date:9/6/2012 SUBJECT / RECOMMENDATION: Adopt Ordinance 8354-12 on second reading, amending the Zoning Atlas of the city by zoning certain real property whose post office address is 3075 Cherry Lane, together with the abutting right-of-way of McMullen Booth Road, upon annexation into the City of Clearwater, as Low Medium Density Residential (LMDR). SUMMARY: Review Approval: Cover Memo Item # 10 Ordinance No.8354 -12 ORDINANCE NO. 8354-12 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY ZONING CERTAIN REAL PROPERTY LOCATED ON THE SOUTHWEST CORNER OF THE INTERSECTION OF CHERRY LANE AND MCMULLEN BOOTH ROAD, CONSISTING OF A PORTION OF THE SOUTH ½ OF THE SOUTHEAST ¼ OF THE NORTHWEST ¼ OF THE NORTHWEST ¼ OF SECTION 16, TOWNSHIP 29 SOUTH, RANGE 16 EAST, WHOSE POST OFFICE ADDRESS IS 3075 AND 3087 CHERRY LANE, TOGETHER WITH THE ABUTTING RIGHT-OF-WAY OF MCMULLEN BOOTH ROAD, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS LOW MEDIUM DENSITY RESIDENTIAL (LMDR); PROVIDING AN EFFECTIVE DATE. WHEREAS, the assignment of a zoning district classification as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's comprehensive plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following described property located in Pinellas County, Florida, is hereby zoned as indicated upon annexation into the City of Clearwater, and the zoning atlas of the City is amended, as follows: Property Zoning District The East 269.05 feet of the North 100 Low Medium Density feet of the South 110 feet of the South Residential (LMDR) ½ of the Southeast ¼ of the Northwest ¼ of the Northwest ¼ of Section 16, Township 29 South, Range 16 East, Pinellas County, Florida, LESS the East 162 feet thereof, Together with the abutting right-of-way of McMullen Booth Road. (ANX2012-05004) The map attached as Exhibit “A” 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. 8352-12 PASSED ON FIRST READING ___________________________ PASSED ON SECOND AND FINAL ___________________________ READING AND ADOPTED Attachment number 1 \nPage 1 of 2 Item # 10 Ordinance No.8354 -12 _______________________________ George N. Cretekos Mayor Approved as to form: Attest: __________________________ ______________________________ Leslie K. Dougall-Sides Rosemarie Call Assistant City Attorney City Clerk Attachment number 1 \nPage 2 of 2 Item # 10 C:\Documents and Settings\ellen.ayo\Local Settings\Temporary Internet Files\Content.Outlook\ZCX1NQU2\ANX2012- 05004_Zoning.doc EXHIBIT “A” McMULLEN - BOOTH RD CHERRY LN JOHNS PKWY DOWNING ST CLEVELAND ST OYSTER BAYOU WAY COLONIAL DR I I O MHP LMDRLMDR LMDR LMDR LMDR LMDR LMDR LMDR 19 25 11 123 201 200 150 304730433039 31283118 31093111 3108 308130853065 31153119 30443040 3035 3127312531093101 3112 3118 310731053109 31063110310831123120311631183114 3123 305930533049 30423054 3033 3076 3043 3031 30803078 3120 3060 3061 3035 3048 30653053 3042 3103310731053101 3114 313331293131 31073101 3106 31193117311131133115 3100 31083130 3075 31323126 -Not to Scale- -Not a Survey- ZONING Owner: Pelfrey, Riley Dale Case: ANX2012-05004 Site: 3075 Cherry Lane & 3087 Cherry Lane Property Size (Acres): 0.248 (parcel) 0.489 (ROW) Land Use Zoning PIN: 16-29-16-00000-220-3000 & 16-29-16-00000-220-4100 From : To: RU R-2 RU LMDR Atlas Page: 292A LMDR Attachment number 2 \nPage 1 of 2 Item # 10 C:\Documents and Settings\ellen.ayo\Local Settings\Temporary Internet Files\Content.Outlook\ZCX1NQU2\ANX2012- 05004_Zoning.doc Attachment number 2 \nPage 2 of 2 Item # 10 City Council Agenda Council Chambers - City Hall Meeting Date:9/6/2012 SUBJECT / RECOMMENDATION: Approve a one-year funding agreement, in the amount of $163,443, between Jolley Trolley Transportation of Clearwater, Inc. and the City of Clearwater for the operation of transportation and trolley service on Clearwater Beach, Island Estates and Sand Key and authorize the appropriate officials to execute same. (consent) SUMMARY: The Jolley Trolley Transportation of Clearwater, Inc. (Jolley Trolley) has been operating trolley service throughout the Clearwater Beach, Island Estates, and Sand Key areas since 1982. The non-profit’s mission is to reduce congestion and improve mobility in this area for both tourists and residents. The Jolley Trolley expects to transport 600,000 passengers for Fiscal Year 2011-12, reducing approximately 200,000 vehicles on Clearwater Beach. In addition, the Jolley Trolley has become a tourist venue that differentiates Clearwater Beach from other beaches in the area. The Jolley Trolley accomplishments for Fiscal Year 2011-12 are: Increased ridership to over 600,000 riders Beach route increased between 4-20% each month over prior year Added two new trolleys and three used trolleys (fleet 9.4 years old) Ongoing technology enhancement that will add to the trolley experience Added a compressed natural gas trolley Strengthened documentation of driver safety training and ADA compliance Improved farebox recovery from 18% to 24.1% Increased advertising and local business support to 19.3% Total self funding has risen to 43.4% Jolley Trolley’s plans for Fiscal Year 2012-13 include the implementation of technology that will significantly improve the customer experience. In addition, the Jolley Trolley will implement several new services and evaluate two new routes that will further enhance public transit on Clearwater Beach. These activities and evaluations are: Utilize two-way GPS to improve communication with customers and internally between drivers without radios Evaluate adding Safety Harbor and Westfield Mall as connector routes Pursue adding West Bay route as a natural connection to Clearwater Beach Pursue circulators to connect passengers to regular routes Cover Memo Item # 11 Pursue on demand service – expected to improve public transit The Jolley Trolley expense forecast for Fiscal Year 2012-13 is $614,693. It is anticipated that revenue sources will be as follows: 23% from farebox recovery 18% from advertising 27% from City of Clearwater 28% from PSTA $163,443 has been budgeted in the Parking Fund’s Fiscal Year 2012-13 operating budget to fund this agreement. The Jolley Trolley will be asking PSTA for $168,443, an increase of $18,337, as their contribution to this route. The term of the agreement is for one year. The Economic Development and Housing Department administers the agreement. The attached Jolley Trolley’s Business Plan covers the proposed revenues and expenditures for the fiscal year. As part of this agreement, the Jolley Trolley will prepare a quarterly report that tracks high-level financials, ridership numbers, accident frequency, and on-time adherence to schedule. The City will use these items as a measure of performance. Type:Other Current Year Budget?:NoneBudget Adjustment:None Budget Adjustment Comments: Current Year Cost:Annual Operating Cost: Not to Exceed:Total Cost:163,433 For Fiscal Year:2012 to 2013 Appropriation CodeAmountAppropriation Comment 0435-01333-582000-545-000- 0000 163,433 Review Approval: Cover Memo Item # 11 Attachment 1 1 JOLLEY TROLLEY SYSTEM GRANT FUNDING AGREEMENT This Jolley Trolley System Funding Agreement is made and entered into this _______ day of September, 2012, between the City of Clearwater, hereinafter referred to as the ("City") and the JOLLEY TROLLEY TRANSPORTATION OF CLEARWATER, INC., a Florida non-profit corporation, hereinafter referred to as the ("Corporation"). ARTICLE I. TERM The term of this agreement shall be for a period of one (1) year commencing on October 1, 2012 and continuing through September 30, 2013, (the "Termination Date"), subject to annual budgetary appropriation approved by the Clearwater City Council, unless earlier terminated under the terms of this agreement. ARTICLE II. RESPONSIBILITIES OF THE CORPORATION 1) Services to be Provided. The Corporation shall provide the transportation services to promote tourism described as trolley service on Clearwater Beach, Island Estates and Sand Key, as described in Exhibit A. 2) Transportation Pick-ups. The Corporation shall provide scheduled transportation pick-ups which will be no more than 30 minutes apart (conditions permitting), as described in Exhibit A. 3) Posted Route Schedules. The Corporation shall provide posted route times at selected pick-up locations listing scheduled pick-up times, in conjunction with the Pinellas Suncoast Transit Authority (PSTA). 4) Scheduled Reports of Activities. The Corporation shall furnish the City with IRS Forms 990 and 990T certified by independent Certified Public Accountant within 90 days of the end of the fiscal year to the Economic Development and Housing Director. The financial report is to set forth the total cost of operations provided, and the detailed account of operational costs funded in part by the City. The Corporation will also provide quarterly reports of activities including: high level financials, ridership numbers, accident frequency, and on-time adherence to schedule. 5) Use and Disposition of Funds Received. Funds received by the Corporation from the City shall be used towards the payment of expenses attendant to the operation of the Trolley System. 6) Creation, Use and Maintenances of Financial Records. a) Creation of Records. The Corporation shall create, maintain and make accessible to authorized City representatives such financial and accounting records, books, documents, policies, practices and procedures necessary to reflect fully the financial activities of the Corporation. Such records shall be available and accessible at all times for inspection, review or audit by authorized City personnel, and shall be made available in accordance with Chapter 119, Florida Statutes (Public Records) and other applicable law. b) Use of Records. The Corporation shall produce such reports and analyses that may be required by the City and other duly authorized agencies to document the proper and prudent stewardship and use of the monies received through this agreement. Attachment number 1 \nPage 1 of 4 Item # 11 Attachment 1 2 c) Maintenance of Driver’s Log and Check Point System. The Corporation agrees to maintain a driver’s log and a check point system to document compliance with the agreed upon schedule. Changes to these attached schedules are at the discretion of the Corporation Board of Directors, but will be submitted to the City at least two weeks prior to implementation. Any change, or series of changes, which will cause more than a 25% reduction in the routes may, at the discretion of the City Council, be considered a failure to adhere to the terms of the contract and may be grounds for reducing the funding commitment or may be considered cause for termination of the contract. d) Maintenance of Records. All records created hereby are to be retained and maintained for a period not less than five (5) years from the close of the applicable fiscal year. 7) Non-discrimination. Notwithstanding any other provision of this agreement, the Corporation for itself, agents and representatives, as part of the consideration for this agreement does covenant and agree that: a) No Exclusion from Use. No person shall be excluded from participation in, denied the benefits of, or otherwise be subjected to discrimination in the operation of this program on the grounds of race, color, religion, sex, handicap, age or national origin. b) No Exclusion from Hire. In the management, operation, or provision of the program activities authorized and enabled by this agreement, no person shall be excluded from participation in or denied the benefits of or otherwise be subject to discrimination on the grounds of, or otherwise be subjected to discrimination on the grounds of race, color, religion, sex, handicap, age, or national origin, except that age may be taken into consideration to the extent that the age of an employee is a bona fide occupational qualification, as permitted by law. c) Inclusion in Subcontracts. The Corporation agrees to include the requirement to adhere to Title VI and Title VII of the Civil Rights Act of 1964 in all approved sub- contracts. d) Breach of Non-discrimination Covenants. In the event of conclusive evidence of a breach of any of the above non-discrimination covenants, the City shall have the right to terminate this agreement immediately. 8) Liability and Indemnification. The Corporation shall act as an independent contractor and agrees to assume all risks of providing the program activities and services herein agreed and all liability therefore, and shall defend, indemnify, and hold harmless the City, its officers, agents, and employees from and against any and all claims of loss, liability and damages of whatever nature, to persons and property, including, without limiting the generality of the foregoing, death of any person and loss of the use of any property, except claims arising from the negligence of the City or City's agents or employees. This includes, but is not limited to, matters arising out of or claimed to have been caused by or in any manner related to the Corporation's activities or those of any approved or unapproved invitee, contractor, subcontractor, or other person approved, authorized, or permitted by the Corporation whether or not based on negligence. Nothing herein shall be construed as consent by the City to be sued by third parties, or as a waiver or modification of the provisions or limits of Section 768.28, Florida Statutes or the Doctrine of Sovereign Immunity. 9) Compliance with Laws. Corporation shall comply with all federal, state, county and local laws, rules and regulations applicable to the operation of the vehicles. If it is ever Attachment number 1 \nPage 2 of 4 Item # 11 Attachment 1 3 determined that this Agreement violates any federal, state, county or local laws, rules or regulations, then Corporation shall comply in a timely manner or City may terminate. 10) Corporation’s Role in the Development and Revitalization of Clearwater Beach. It is contemplated by the Parties hereto that in consideration for the funding provided by the City, the Corporation’s role in providing trolley service shall be promoted as a tourist amenity and enhancement in furtherence of the development and revitalization of Clearwater Beach. To that end, the Corporation agrees to cooperate and work with City staff to develop the Corporation’s role as integral to such revitalization and development and as a catalyst for tourism. ARTICLE III. RESPONSIBILITIES OF THE CITY 1) Funds for Operations. The City, subject to annual City Council approval, agrees to fund in part the operational costs incurred in providing the activities and services authorized by this agreement as follows: · An annual amount of $163,433 for providing trolley service on Clearwater Beach, Island Estates and Sand Key, based upon the Corporation meeting the route schedule attached as Exhibit A. · Payable in equal payments of 1/12 per month per fiscal year. ARTICLE IV. DISCLAIMER OF WARRANTIES This Agreement constitutes the entire Agreement of the parties on the subject hereof and may not be changed, modified or discharged except by written Amendment duly executed by both parties. No representations or warranties by either party shall be binding unless expressed herein or in a duly executed Amendment hereof. ARTICLE V. TERMINATION 1) For Cause. Failure to adhere to any of the provisions of this Agreement in material respect shall constitute cause for termination. Either party may terminate this Agreement for cause by giving the other party sixty (60) days notice of termination. If the default is not cured within the sixty (60) day period following receipt of notice, this Agreement shall terminate on the sixty-first (61st) day. 2) Disposition of Fund Monies. In the event of termination for any reason, monies made available to the Corporation but not expended in accordance with this Agreement shall be returned to the City within 30 days of demand. ARTICLE VI. NOTICE Any notice required or permitted to be given by the provisions of this Agreement shall be conclusively deemed to have been received by a party hereto on the date it is hand delivered to such party at the address indicated below (or at such other address as such party shall specify to the other party in writing), or if sent by registered or certified mail (postage prepaid), on the fifth (5th) business day after the day on which such notice is mailed and properly addressed. 1) If to Corporation, addressed to: Jolley Trolley Transportation of Clearwater, Inc. 483 Mandalay Avenue, Suite 213 Clearwater, FL 33767 Attachment number 1 \nPage 3 of 4 Item # 11 Attachment 1 4 2) If to City, addressed to: City Manager P. O. Box 4748 Clearwater, FL 33758-4748 With copies to: City Attorney P. O. Box 4748 Clearwater, FL 33758-4748 Economic Development and Housing Director P.O. Box 4748 Clearwater, FL 33758-4748 ARTICLE VII. EFFECTIVE DATE The effective date of this Agreement shall be as of the date written below. IN WITNESS WHEREOF, the parties hereto have set their hands and seals this _______ day of _________________, 2012. Countersigned: CITY OF CLEARWATER, FLORIDA ____________________________ ___________________________________ George N. Cretekos William B. Horne II Mayor City Manager Approved as to form: Attest: ____________________________ ___________________________________ Pam Akin Rosemarie Call, MPA, CMC City Attorney City Clerk JOLLEY TROLLEY TRANSPORATION OF CLEARWATER, INC. By: _______________________________ Robert L. Longenecker Executive Director Attest: __________________________________ Attachment number 1 \nPage 4 of 4 Item # 11 Effective10-07-12 NS E W Marriott Sheraton IslandWay MemorialCauseway AcaciaSt Pier60 5thSt 2ndSt NorthboundTimepoint BeachWalk SouthboundTimepoint BeachWalkPublic Restroom BayPark 700 IslandWay PublixIsland EstatesPlazaClearwaterMarine Aquarium WindwardPsg BayEsplanadeJessamineCirKiplingPlazaBruceAve MandalayAve IslandWay 880 MandalaySGulfvie wBlvdSGulfview Blvd TimepointsLandmarks SandKeyPark ClearwaterSailingCenter CrabbyBill’sShephard’sMarina Frenchy’s RockawayGrill PSTA’s ParkStreetTerminal PierceSt Ft.Harrison CourtSt New Cl earwat er Br id ge ChestnutStParkSt GardenAvenue ClevelandStDrewSt OsceolaAve MyrtleAve Alt19 EdgewaterDr MainStSkinnerBlvd Mease DunedinHospitalMilwaukeeAve DouglasAve DowntownDunedin DunedinMarina Alt19 Broadway/Bayshore Alt19 Bayshore/PalmHarborBlvd CurlewRd DunedinCausewayHoneymoonIsland AldermanRdKlostermanRdTarponAveHelenEllisMemorialHospitalOrangeSt SaffordSt DodecaneseBlvd Tarpon SpringsSpongeDocks DOWNTOWN CLEARWATER DUNEDINPALMHARBOR TARPONSPRINGS NebraskaAveFloridaAve11StMAPNOTTOSCALE RunsOnceanHour Friday,Saturday,andSundayONLY DowntownClearwater, Dunedin,PalmHarbor,andTarponSpringsTimesshownarescheduledbutmayvaryduetoweather,traffic,orotherunforeseenevents.ThesetripsoperateonFridayandSaturdayonly.Wheelchairserviceprovidedonalltrips. Thereareseveralstopsalongtheroute.JolleyTrolleybusstopsignsarelocatedrightbelowPSTAbusand/ortrolleystopsigns.Ridersmaytransferforfreebetweenthetwoservices,justaskthedriverforatransfer.JolleyTrolleyfaresarethesameasPSTA,andJolleyTrolleypassesarevalidonPSTA.Tolearnmore,calltheJolleyTrolleyat(727)445-1200. MyrtleAve CONNECT ATPUBLIXTogotoDunedin PalmHarbor,andTarponSprings Togoto ClearwaterBeach CLEARWATERBEACH DowntownPalm HarborDowntownTarpon Springs Clearwater MainLibraryClearwaterBoatSlipsCourtHouse Historic PostOffice Timesshownarescheduledbutmayvaryduetoweather,traffic,orotherunforeseenevents.South BoundBeachWalk BayPark Bay Park North BoundBeachWalk Island EstatesPublix 880 Mandalay Island EstatesPublix 10:0810:38 11:0811:3812:0812:381:081:382:082:383:083:384:084:385:085:386:086:387:087:38 8:088:389:089:3810:0810:38 11:08– 10:1510:45 11:1511:4512:1512:451:151:452:152:453:153:454:154:455:155:456:156:457:157:45 8:158:459:159:4510:1510:45 11:15– –– 10:1510:45 11:1511:4512:1512:451:151:452:152:453:153:454:154:455:155:456:156:457:157:45 8:158:459:159:4510:1510:45 –– 10:2310:53 11:2311:5312:2312:531:231:532:232:533:233:534:234:535:235:536:236:537:237:53 8:238:539:239:5310:2310:53 – 10:0010:30 11:0011:3012:0012:301:001:302:002:303:003:304:004:305:005:306:006:307:007:30 8:008:309:009:3010:0010:30 11:00 – 10:1510:45 11:1511:4512:1512:451:151:452:152:453:153:454:154:455:155:456:156:457:157:45 8:158:459:159:4510:1510:45 11:15 10:0010:30 11:0011:3012:0012:301:001:302:002:303:003:304:004:305:005:306:006:307:007:30 8:008:309:009:3010:0010:30 11:0011:30 AMPM ThesetripsoperateonFridayandSaturdayonly.Wheelchairserviceprovidedonalltrips.RunsEveryHalfHour MondaythroughSundayNorth&South ClearwaterBeach HighlandAve Island EstatesPublix Garden Avenue Clearwater DowntownDunedin – 10:30 11:3012:301:302:303:304:305:306:307:30 8:309:3010:30 11:30 –10:37 11:3712:371:372:373:374:375:376:377:37 8:379:3710:37 11:37 10:00 11:0012:001:002:003:004:005:006:007:00 8:009:0010:00 11:0012:00 AMPM DowntownTarpon Springs DowntownPalm Harbor10:10 11:1012:101:102:103:104:105:106:107:10 8:109:1010:10 11:10– 10:25 11:2512:251:252:253:254:255:256:257:25 8:259:2510:25 11:25– 11:2312:231:232:233:234:235:236:237:23 8:239:2310:23 11:23–– Garden Avenue Clearwater 11:3012:301:302:303:304:305:306:307:30 8:309:3010:30 11:30––Island EstatesPublix Tarpon Springs SpongeDocks 11:0012:001:002:003:004:005:006:007:00 8:009:0010:00 11:0012:00– DowntownDunedin 10:30 11:3012:301:302:303:304:305:306:307:30 8:309:3010:30 11:30– NOTE:TheTrolleyservesTarponAve,SaffordSt,andOrangeStinTarponSpringsandNebraskaAve,11St,andFloridaAveinPalmHarborNorthboundONLY.TheSouthboundtrolleysstayonAlt.19.NOTE: The Trolley serves Tarpon Ave, Safford St, and Orange St in Tarpon Springs and Nebraska Ave, 11 St, and Florida Ave in Palm Harbor Northbound ONLY.The Southbound trolleys stay on Alt. 19. Intermittant NOTE:RoutestaysonAlt19southboundNOTE:RoutestaysonAlt19southbound Attachment number 2 \nPage 1 of 2 Item # 11 ClearwaterBeach DowntownClearwater,Dunedin,PalmHarbor,TarponSpringsBayPark SheratonSandKeyShephard’s ClearwaterMarinaCrabbyBill’sBeachWalkPier60 ClearwaterMarineAquariumPublix IslandEstatesPlaza Frenchy’sRockawayGrill880MandalayAve IslandEstatesPlaza DowntownClearwaterDowntownDunedin DowntownPalmHarbor DowntownTarponSprings TarponSpringsSpongeDocks ©PinellasSuncoastTransitAuthority(PSTA) PrintedmaterialsdesignedbythePSTAMarketingDepartment2010 TheJolleyTrolleyistheperfectwaytoenjoysightseeingandshoppingwithoutthestressoffindingyourwayaroundtown,parking,andtrafficjams.Enjoystopsineachofthesetowns:TarponSpringsPalmHarborTarponSpringsistwocitiesinone.TheHistoricDowntown,withits1900’straindepot,isTarpon’sartandantiquedistrict.TheSpongeDocksbroughtGreekSpongersin1905andisstillaworkingportwithspongeandfishingboats,shopsandthebestinGreekdining.WelcometoPalmHarbor!Stopandexperienceourdowntownarea,hometomanyhistoricbuildingssuchastheRhebaSuttonWhiteChapel.Comeandenjoygreatfood,uniqueshopping,funfestivalsandeventsheldonFloridaAvenueandat“Pop”StansellPark,livelynightlife,andentertainment.VisitPalmHarborChamberofCommerceorOldPalmHarborMainStreetforinformation.Visit3milesofpowdery,white,sugarsandandendlesssunshine.EnjoydailyfestivalsatSunsetsatPier60andfreeweekendmovies.Marina,jetskis,dolphinboattours,fishingandmore.SeeClearwaterMarineAquarium,homeofWintertheDolphin.Beachlodging,resorts,spas,restaurants,nightlifeandWorldFamousGroupersandwiches.CometakeawalkandenjoyspecialeventsalongourfabulousnewBeachWalk.DunedinVisitquaint,activeDunedinandenjoyuniqueshoppinganddeliciousdining,nightlife,greatbeaches,andfunspecialevents–severalthatcelebratethecity’sScottishancestry.Plusthere'sToronto/DunedinBlueJaysbaseball,abeautifulmarina,historicalmuseum,golf,art,andmore!DowntownClearwaterClearwaterBeachDowntownClearwater’sClevelandStreetDistrictoffersanart-filledstreetscapeoverlookingClearwaterHarbor’sMemorialCausewayBridge.EnjoyrestaurantsandliveentertainmentattheHistoricCapitolTheatre.EveryWednesdayfromOctobertoMayfindproduceattheFarmer’sMarketandamonthlyFridayfestivalandeventsthatattractcrowdsforfreemusicandfun! Serviceoperatedby ClearwaterJolleyTrolley 483MandalayAve,Ste213Clearwater,FL33767(727)445-1200 www.clearwaterjolleytrolley.comTheJolleyTrolleyappreciatesthecommunitysupportand financialassistanceprovidedbythePinellasSuncoastTransit Authority,theCityofClearwater,theClearwaterDowntown DevelopmentBoard,theCityofDunedin,PinellasCounty,andtheCityofTarponSprings. Effective10-7-12 Jolley TrolleyJolley Trolley ServiceHoursNorthandSouthClearwaterBeachservicerunsonceeveryhalfhour,everyday,MondaythroughSunday.ServicetodowntownDunedin,downtownPalmHarbor,anddowntownTarponSpringsservicerunsonceanhouronFriday,Saturday,andSundayONLY.*Reducedfareisofferedto65andolderwithgovernment-issuedphotoIDthatshowsageorPinellasSuncoastTransitAuthority(PSTA)IDcard;(showoriginalcard);and withPSTAIDcard.18andyoungermustshowgovernment-issuedphotoIDthatshowsage,schoolphotoID,orPSTAIDcard.mustshowPSTAIDCard. Seniors Medicare cardholdersDisabledcitizensYouth AdultStudentsNOTE:Faresaresubjecttochange.Fares RegularAllDayPass$4.50ReducedAllDayPass$2.25*RegularCash$2.00eachwayReducedCash$1.00eachway*YouthCash$1.25eachway*AdultStudentCash$1.25eachway*TransferFREEto&fromPSTAPSTAGOCardsarealsoaccepted.(Exactchangerequired) Connecting TheJolleyTrolleyserviceisoperatedintwoparts.OneroutecirclesClearwaterBeachwhiletheothergoestothemainlandfromIslandEstatesPublixtoservedowntownDunedin,PalmHarbor,andTarponSprings.ThetrolleysconnectatIslandEstatesPublix.Tomaketransferringeasier,wesuggestthatyoupurchaseaOne-DayUnlimitedRidepassfromthedriver. Attachment number 2 \nPage 2 of 2 Item # 11 Attachment 3 Jolley Trolley Business Plan Fiscal Year 2013 August, 2012 Attachment number 3 \nPage 1 of 6 Item # 11 Jolley Trolley 2013 Business Plans Table of Contents Page Fiscal 2012 Accomplishments….…………………………………………………… 1 Comparative Results (2009, 2010, 2011, 2012) …………………………… 2 2013 Business Plans 1) 2013 Business Plan Summary ………………………………..…….. 3 2) Monthly Projections …………………………………………………..… 4 3) Beach Route Funding……………………………………………………. 5 Attachment number 3 \nPage 2 of 6 Item # 11 Fiscal 2012 Accomplishments Fiscal 2012 was an extremely busy year for Jolley Trolley. While the Beach and Coastal Routes provided stable growth, the Clearwater Marine Aquarium (CMA) Route stretched our capabilities to the limit. We still were able to address most initiatives originally planned for 2012 which are reported below. 1. Ridership has risen to new record levels as we expect to finish fiscal 2012 with over 600,000 riders! During fiscal 2011 we served 166,053 passengers. Of course, CMA has had an enormous impact; however, the Beach Route has shown 4‐20% increases monthly and the Coastal Route 13‐30%. Spring Break was huge with 82,000 passengers in March alone. 2. Fleet Expansion (mostly due to CMA) continued. We added two new trolleys (#7, #14) and three used trolleys (#15, #16, and #17). We eliminated the old #7 as obsolete. 3. Average Age of our fleet is now at 9.4 years. Though this is still too high, two additional new trolleys with corresponding removals of our oldest will have a dramatic impact on these numbers. 4. Technology enhancement planning to the public transit sector began. These leading edge service initiatives will impress our visitors and add to the convenience of our service. 5. A Compressed Natural Gas (CNG) trolley (#15) was added to our fleet. We are extremely pleased with the early operating results and will seek ways to expand our CNG use. 6. Driver Training in areas of safety and ADA compliance were improved. We have strengthened our documentation of this training and our follow‐up rides with drivers have shown good improvement. p. 1 Attachment number 3 \nPage 3 of 6 Item # 11 Ridership Results Our ridership growth has been significant. These results have been attributed to technology implementation, our focus on customer service, local business acceptance and new routes which complement our network. p. 2 Attachment number 3 \nPage 4 of 6 Item # 11 Fiscal 2013 Initiatives and Plans Jolley Trolley’s plans for fiscal 2013 include the implementation of technology that will significantly improve the customer experience. In addition, we will implement several new services and evaluate two new routes that will further enhance public transit on Clearwater Beach. These activities and evaluations are highlighted below. 1. Technology – we will utilize two‐way GPS to improve communication with the customer. This is also expected to improve communication internally between drivers without radio communication. 2. Safety Harbor Route – we have begun discussions with Safety Harbor and Westfield Mall about connecting these destinations to our current routes. 3. West Bay Connection – we continue to believe that this is a natural connection for Jolley trolley that will provide benefits to both, visitors and residents of Clearwater Beach. We will pursue this route. 4. On Demand – Though this new service will be implemented on the private activity side of Jolley Trolley, it is expected to improve public transit as well. Much of this service will operate outside current operating hours. 5. Circulators – This concept is meant to connect passengers to regular routes and could be utilized in Clearwater Beach, Dunedin, Palm Harbor and Tarpon Springs. p. 3 Attachment number 3 \nPage 5 of 6 Item # 11 Attachment number 3 \nPage 6 of 6 Item # 11 City Council Agenda Council Chambers - City Hall Meeting Date:9/6/2012 SUBJECT / RECOMMENDATION: Approve the Business Lease Contract between the City of Clearwater and Jolley Trolley Transportation of Clearwater, Inc. for the lease of City-owned property located on the northwest corner of North Myrtle Avenue and Hart Street; and authorize appropriate officials to execute same. (consent) SUMMARY: The Jolley Trolley Transportation of Clearwater, Inc. (Jolley Trolley) has achieved measurable results over the last few years by increasing ridership 260% over the prior year and improving its overall marketing, funding and operations management. Jolley Trolley has successfully added a Coastal Route from Clearwater Beach to Tarpon Springs with stops in Downtown Clearwater, Dunedin and Palm Harbor. In addition, they have added a connection from Clearwater Marine Aquarium on Island Estates to Winter’s Dolphin Tale Adventure in downtown. This success has driven the need for increased space requirements in its administration, sales and operations management. For this reason, Jolley Trolley has approached the City with a request to lease City property for its business operations. The proposed site is a vacant commercial building formally used as a field office by the City’s Engineering Department. The building is 4,800 square feet and lies on approximately 0.98 acres of City-owned property. The proposed lease allows the non-profit organization to use the property for the administration of its general business practices in support of tourism and providing public transportation between Clearwater Beach and locations throughout Pinellas County. The market value of the leasehold interest has been estimated by staff to be $28,800 annually. The proposed lease establishes rent at the nominal rate of $1.00 for the term of the lease and the tenant will assume all maintenance responsibilities. This in-kind donation will serve to continue the City’s support of promoting tourism and public transportation on Clearwater Beach. The Jolley Trolley will commit to no increases in its funding request to the City over the next three-year period (through Fiscal Year 2014-15) in exchange for this lease. Any cash funding increases in the next 3 years will come from PSTA or other current funding partners. The lease provides for an initial term of three years with two three-year renewal options. Renewal options are subject to the City’s approval. Type:Other Current Year Budget?:NoneBudget Adjustment:None Budget Adjustment Comments: Current Year Cost:Annual Operating Cost: Not to Exceed:Total Cost: For Fiscal Year: to Review Approval: Cover Memo Item # 12 PROPOSEDLEASE DREW ST JONES ST VI N E AV E LAURA ST ELDRIDGE ST N M YR T LE AV E N GA RD E N AV E HART ST PLAZA ST GROVE ST EA S T AV E BO O T H AV E HENDRICKS ST PE N N SY LVA NI A AVE MAPLE ST BLANCHE B LITTLEJOHN TRL LEE ST F E RN AV E AL DEN AVE SPRUCE AVE N PR OS P E C T AV E HART ST MAPLE STMAPLE ST HART ST GROVE ST BLANCHE B LITTLEJOHN TRL LOCATION MAP Prepared by:Engineering DepartmentGeographic Technology Division100 S. Myrtle Ave, Clearwater, FL 33756Ph: (727)562-4750, Fax: (727)526-4755www.MyClearwater.com CRMC_LN.T.S.277B09-29S-15E08/08/2012Map Gen By:Reviewed By:S-T-R:Grid #:Date:Scale: Business Lease ContractJOLLEY TROLLEY TRANSPORTATIONof CLEARWATER, INC. (410 N. Myrtle Ave.) Path: V:\GIS\Engineering\Location Maps\Jolley Trolley 410 N Myrtle.mxd Attachment number 1 \nPage 1 of 2 Item # 12 Attachment number 1 \nPage 2 of 2 Item # 12 Page 1 of 2 EXHIBIT “B” INSURANCE REQUIREMENTS FOR LESSEE The Lessee shall, at its own cost and expense, acquire and maintain (and cause contractors and subcontractors, if used, to acquire and maintain) during the term with the City, sufficient insurance to adequately protect the respective interest of the parties. Coverage shall be obtained with a carrier having an AM Best Rating of A-VII or better. Specifically the Lessee must carry the following minimum types and amounts of insurance on an occurrence basis or in the case of coverage that cannot be obtained on an occurrence basis, then coverage can be obtained on a claims-made basis with a minimum three (3) year tail following the termination or expiration of this Lease: 1. Commercial General Liability Insurance including but not limited to, premises operations, products/completed operations, products liability, contractual liability, independent contractors, personal injury and advertising injury and $1,000,000 per occurrence and $1,000,000 general aggregate and $1,000,000 products/completed operation aggregate. 2. Commercial Automobile Liability Insurance for any owned, non-owned, hired or borrowed automobile is required in the minimum amount of $1,000,000 combined single limit. 3. Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance in the minimum amount of $100,000 each employee each accident, $100,000 each employee by disease and $500,000 aggregate by disease with benefits afforded under the laws of the State of Florida. Coverage should include Voluntary Compensation and U.S. Longshoremen’s and Harbor Worker’s Act coverage where applicable. Coverage must be applicable to employees, contractors, and subcontractors, if any. 4. If the Lessee is using its own property in connection with the performance of its obligations under this Lease, then Property Insurance on an “All Risks” basis with replacement cost coverage for property and equipment in the care, custody and control of others is required. The above insurance limits may be achieved by a combination of primary and umbrella/excess liability policies. Attachment number 2 \nPage 1 of 2 Item # 12 Page 2 of 2 Other Insurance Provisions: 1. The City is to be specifically included as an “Insured” on the Commercial Liability Insurance, and Commercial Auto Liability Insurance policies listed. 2. Prior to the execution of this Lease (and seven {7} days prior to the start of work under this Lease) then annually upon the anniversary date(s) of the insurance policy’s renewal date(s), the Lessee will furnish the City with a Certificate of Insurance evidencing the coverages set forth above and naming the City as an “Insured” on the Lessee’s Commercial General Liability Insurance and Commercial Auto Liability Insurance policies listed above. In addition, Lessee will provide the City with certified copies of all applicable policies when requested in writing from the City. The address where such certificates and certified policies shall be sent or delivered is as follows: City of Clearwater Attn: Economic Development Director Economic Development Department P.O. Box 4748 Clearwater, FL 33758-4748 3. Lessee shall provide thirty (30) days written notice of any cancellation, non-renewal, termination, material change or reduction in coverage. 4. Lessee’s insurance as outlined above shall be primary and non-contributory coverage for Lessee’s negligence. 5. Lessee shall defend, indemnify, save and hold the City harmless from any and all claims, suits, judgments and liability for death, personal injury, bodily injury, or property damage arising directly or indirectly including legal fees, court costs, or other legal expenses. The stipulated limits of coverage above shall not be construed as a limitation of any potential liability to the City, and failure to request evidence of this insurance shall not be construed as a waiver of Lessee’s obligation to provide the insurance coverage specified. Attachment number 2 \nPage 2 of 2 Item # 12 BUSINESS LEASE CONTRACT THIS LEASE CONTRACT, entered into this ____ day of ____________, 2012, between THE CITY OF CLEARWATER, FLORIDA, a municipal corporation of the State of Florida, as Lessor, and JOLLEY TROLLEY TRANSPORTATION OF CLEARWATER, INC., a Florida non-profit corporation, as Lessee. W I T N E S S E T H: That the Lessor does lease to the Lessee the following described premises: See Exhibit “A” attached hereto and by this reference, made a part hereof (Commonly known as 410 Myrtle Avenue, Clearwater, Florida 33756) Such property shall hereinafter be referred to as the "Leased Premises" or the “Demised Premises" or the "Leased Property." 1. LEASE TERM. The term of this lease shall be for three years; which term will commence on the _____ day of _________________, 2012, and shall continue until midnight on the ______ day of _________________, 2015 (herein called the "Initial Term"). Subject the Lessor’s approval, the Lessee shall have the option to extend the term of this lease for two successive periods of three years each (each such period is included in the term "Extended Term" as used herein). No such renewal or extension shall be deemed a waiver by Lessor of any breach or default which may then exist. Each Extended Term shall be upon the same conditions and terms, and the rent shall be determined and payable, as provided in this agreement, except that there shall be no privilege to extend the term beyond the expiration of the extended term period as hereinabove specified. The Lessee shall exercise the option for an extended term by notifying the Lessor in writing at least two (2) calendar months prior to the expiration of the then current term. Upon such exercise, this lease shall be deemed to be extended without the execution of any further lease or other instrument. Failure to exercise the option for any period shall nullify the option for all subsequent periods. 2. RENT. The Lessee agrees to pay and the Lessor agrees to accept as rent during the term of this lease the sum of One and 00/100 Dollars ($1.00), the receipt and sufficiency of which is hereby acknowledged. 3. USE OF PREMISES. The premises are leased to Lessee solely for the following uses and no other use can be made of the premises during the term without the written consent of the Lessor: The premises will be used primarily for the administration of Lessee’s general business practices in support of providing transportation between Clearwater Beach and locations throughout Pinellas County via the Jolley Trolley. The Lessee hereby represents that it will not create any Environmental Condition or conduct maintenance activities on its trolleys or any vehicles involved in its business, therefore, Lessee shall not cause, or allow any guest, invitee, employee, or agent of Lessee to cause, any Hazardous Attachment number 3 \nPage 1 of 9 Item # 12 Page 2 of 9 Substances (as defined herein) to be used, generated, stored, or disposed of on or about the Premises without the prior written consent of Landlord, which consent may be withheld in the sole discretion of Landlord, and which consent may be revoked at any time. “Environmental Condition” shall mean the presence on the Property of any “hazardous substance” as that term is defined in any federal, state, county, or municipal statute, ordinance, regulation, rule, order, judgment, or decree, including, without limitation, (i) the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended; the Resource Conservation and Recovery Act of 1976, as amended; the Clean Air Act; the Water Pollution Control Act (the Clean Water Act); the Toxic Substances Control Act, the Safe Drinking Water Act, and the Insecticide, Fungicide and Rodenticide Act, as amended, and the state counterparts of those laws; (ii) any material or substance which is now listed in the United States Department of Transportation Hazardous Materials Table (49 C.F.R. § 172.101); and (iii) any contaminant, oil, petroleum product or by-product, radioactive material or by product, any mining waste, toxic substance, hazardous waste, or other material, the removal of which is required or the existence or management of which is prohibited, penalized, or regulated by any federal, state, or local government agency, authority, or unit. 4. UTILITIES AND COMMON AREA MAINTENANCE. Water, sewer, electric and all other utilities of any kind shall be billed directly to Lessee and are or shall be individually metered for the subject premises. All deposits for such utilities shall be the sole responsibility of Lessee. Lessee shall be responsible for all maintenance including but not limited to landscaping and building maintenance of all areas within the fence, said fence generally lying along the boundary of and within the Leased Premises. 5. TAXES AND ASSESSMENTS. If any ad valorem taxes, intangible property taxes, personal property taxes, or other liens or taxes of any kind are assessed or levied lawfully on the leased preises, based on the Lessee’s use of the leased premises during the term of this Lease, the Lessee agrees to pay all such taxes, assessments or liens, within thirty (30) days after receiving written notice from the Lessor. In the event the Lessee fails to pay all such taxes assessed or levied on the leased premises within thirty (30) days after receiving written notice, the Lessor may, at its sole option, pay such taxes, liens, or assessments, subject to immediate reimbursement thereof together with any interest, calculated at the maximum rate allowed by law, and any administrative costs incurred by the Lessor. Failure of the Lessee to pay any taxes or assessments pursuant to this paragraph will constitute a material default of this Lease. 6. OBSERVANCE OF LAWS AND ORDINANCES. Lessee agrees to observe, comply with and execute promptly at its expense during the term hereof, all laws, rules, requirements, orders, directives, codes, ordinances and regulations of governmental authorities and agencies and of insurance carriers which relate to its use or occupancy of the demised premises. 7. ASSIGNMENT OR SUBLEASE. Attachment number 3 \nPage 2 of 9 Item # 12 Page 3 of 9 Lessee shall not assign, mortgage, pledge, or encumber this lease, in whole or in part, or sublet the premises or any part thereof. Upon any attempt to assign this Lease, this Lease shall become immediately null and void in its entirety, excepting only obligations previously accrued or intended by the parties to survive this Lease. Lessor may assign this lease at its sole discretion. 8. ALTERATIONS AND IMPROVEMENTS. The Lessee shall not make any structural alterations or modifications or improvements which are part of the leased property without the written consent of the Lessor, and any such modifications or additions to said property shall become the property of the Lessor upon the termination of this lease or, at Lessor’s option, the Lessee shall restore the leased property at Lessee’s expense to its original condition. The restrictions of this paragraph shall not apply to maintenance of the leased property, but shall apply to any change which changes the architecture or purpose of the property or which changes any of the interior walls of the improvements or which annexes a fixture to any part of the leased property which cannot be removed without damage thereto. In the event Lessee desires to make any alterations or modifications, written notice shall be given to the Lessor. Unless the Lessor objects to such proposals by notice to Lessee within twenty (20) days after written notice from Lessee, the proposal shall be deemed approved. Lessee shall have no power or authority to permit mechanics’ or materialmen’s liens to be placed upon the leased property in connection with maintenance, alterations or modifications. Lessee shall, within fifteen (15) days after notice from Lessor, discharge any mechanic’s liens for materials or labor claimed to have been furnished to the premises on Lessee’s behalf. Not later than the last day of the term Lessee shall, at Lessee’s expense, remove all of Lessee’s personal property and those improvements made by Lessee which have not become the property of Lessor, including trade fixtures and the like. All property remaining on the premises after the last day of the term of this lease shall be conclusively deemed abandoned and may be removed by Lessor and Lessee shall reimburse Lessor for the cost of such removal. 9. RISK OF LOSS. All personal property placed or moved in the premises shall be at the risk of the Lessee or owner thereof. The Lessor shall not be responsible or liable to the Lessee for any loss or damage that may be occasioned by or through the acts or omissions of persons occupying adjoining premises or any part of the premises adjacent to or connected with the premises hereby leased or any part of the building which the leased premises are a part of or any loss or damage resulting to the Lessee or its property from bursting, stopped up or leaking water, gas, sewer or steam pipes unless the same is due to the negligence of the Lessor, its agents, servants or employees. 10. RIGHT OF ENTRY. The Lessor, or any of its agents, shall have the right to enter said premises during all reasonable hours, to examine the same to make such repairs, additions or alterations as may be deemed necessary for the safety, comfort, or preservation thereof, or of said building, or to exhibit said premises. The right of entry shall likewise exist for the purpose of removing placards, signs, fixtures, alterations or additions, which do not conform to this agreement. 11. RESTORING PREMISES TO ORIGINAL CONDITION. Lessee represents that the premises leased are in good, sanitary and tenantable condition for use by Lessee. Lessee's acceptance or occupancy of the leased premises shall constitute Attachment number 3 \nPage 3 of 9 Item # 12 Page 4 of 9 recognition of such condition. Lessee hereby accepts the premises in the condition they are in at the beginning of this lease and agrees to maintain said premises in the same condition, order and repair as they are at the commencement of said term, and to return the premises to their original condition at the expiration of the term, excepting only reasonable wear and tear arising from the use thereof under this agreement. The Lessee agrees to make good to said Lessor immediately upon demand, any damage to water apparatus, or electric lights or any fixture, appliances or appurtenances of said premises, or of the walls or the building caused by any act or neglect of Lessee or of any invitee, person or persons in the employ or under the control of the Lessee. 12. INSURANCE. Lessee agrees to comply with all terms, provisions and requirements contained in Exhibit “B” attached hereto and made a part hereof as if said document were fully set forth at length herein. 13. MAINTENANCE. Lessee shall keep the foundation, outer walls, roof and buried conduits of the premises in good repair. Lessor shall not be called on to make any such repairs occasioned by the negligence of the Lessee, its agents, express or implied invitees, or employees. Lessee shall keep the interior and exterior of said premises including but not limited to doors, windows and window frames of said premises in good order, condition and repair and shall also keep the premises in a clean, sanitary and safe condition in accordance with law and in accordance with all directions, rules and regulations of governmental agencies having jurisdiction. The Lessee shall be responsible for providing all light bulbs used on the premises. The plumbing facilities shall not be used for any other purposes than that for which they are constructed and no foreign substances of any kind shall be thrown therein, and the expense of any breakage, stoppage or damage resulting from the violation of this provision shall be borne by the Lessee. The heating and air-conditioning system and plumbing facilities shall be under the control of Lessee, and Lessee agrees that all operation, upkeep, repairs and replacements will be at Lessee's expense, except where the repairs or replacements shall be caused by the negligence or misuse by Lessor or its employees, agents, invitees, or licensees. In the event Lessor pays any monies required to be paid by Lessee hereunder, Lessor shall demand repayment of same from Lessee and Lessee shall make payment within ten (10) days of receipt of said demand, and said monies shall become additional rent due hereunder. Lessee's failure to make such repayment within the ten (10) day period shall constitute a material default under the terms of this lease. Lessee shall not be required to pay for any single repair or replacement in excess of Five Thousand Dollars ($5,000) per year with respect to property maintenance. Should any single repair or replacement exceed $5,000, Lessor may, at its sole discretion, pay the excess costs. If Lessor chooses to not pay the excess costs, Lessee may terminate this Lease. 14. DESTRUCTION OF PREMISES. In the event that the building should be partially or totally destroyed by fire, earthquake or any other cause, either party may terminate this Lease immediately. In the event that the building should be partially damaged by fire, earthquake or other cause, but only to such an extent that it can be rebuilt or repaired within sixty (60) days after the date of such destruction, the lease shall be void or voidable, but not terminated, except as otherwise provided herein. If the Lessor intends to rebuild or repair the premises, in its sole discretion, then Lessor, within fifteen (15) days after the date of such damage, give written notice to Lessee of the intention to Attachment number 3 \nPage 4 of 9 Item # 12 Page 5 of 9 rebuild or repair and shall proceed with reasonable diligence to restore the building to substantially the same condition in which it was immediately prior to the destruction. However, Lessor shall not be required to rebuild, repair or replace any improvements or alterations made by Lessee within the building. During the period of rebuilding or repairing, there shall be no diminution of rents. If, after rebuilding or repairing has commenced, such rebuilding or repairing cannot be completed within sixty (60) days after the date of such partial destruction, the Lessor may either terminate the lease or continue with the lease with a proportional rent rebate to Lessee. If Lessor undertakes to rebuild or repair, Lessee shall, at its own expense, restore all work required to be done in accordance with, and to the extent of, any and all Lessee obligations hereunder. 15. EMINENT DOMAIN. If the whole or any part of the premises hereby leased shall be taken by any public authority under power of eminent domain, then the term of this lease shall cease on the part so taken from the date title vests pursuant to such taking, and the rent and any additional rent shall be paid up to that day, and if such portion of the demised premises is so taken as to destroy the usefulness of the premises for the purpose for which the premises were leased, then from that day the Lessee shall have the right to either terminate this lease or to continue in possession of the remainder of the same under the terms herein provided, except that the rent shall be reduced in proportion to the amount of the premises taken. The parties agree that the Lessee shall not be entitled to any damages by reason of the taking of this leasehold, or be entitled to any part of the award for such taking, or any payment in lieu thereof. 16. SUBORDINATION. This lease and the rights of the Lessee hereunder are hereby made subject and subordinate to all bona fide mortgages now or hereafter placed upon the said premises by the Lessor and any other owner provided, however, that such mortgages will not cover the equipment and furniture or furnishings on the premises owned by the Lessee. The Lessee further agrees to execute any instrument of subordination which might be required by mortgagee of the Lessor. 17. DEFAULT; REMEDIES. (a) The Lessee further covenants that, if default shall be made in the payment of rent, or any additional rent, when due, or if the Lessee shall violate any of the other covenants of this lease and fail to correct such default within fifteen (15) days after a written request by the Lessor to do so, then the Lessor may, at its option, deem this lease terminated, accelerate all rents and future rents called for hereunder and Lessee shall become a tenant at sufferance, and the Lessor shall be entitled to obtain possession of the premises as provided by law. (b) In case the leased property shall be abandoned, as such term is defined by Florida Statutes, the Lessor, after written notice as provided by Florida Statutes to the Lessee, Lessor may (i)re-enter the premises as the agent of the Lessee, either by force or otherwise, without being liable to any prosecution or claim therefor, and may relet the leased property as the agent of the Lessee and receive the rent therefor and apply the same to the payment of such expenses as Lessor may have incurred in connection with the recovery of possession, reduction, refurbishing or otherwise changing or preparing for reletting, including brokerage and reasonable attorneys fees. Thereafter, it shall be applied to the payment of damages in amounts equal to the rent hereunder and to the cost and expenses of performance of the other covenants of Lessee as provided herein; or (ii) the Lessor Attachment number 3 \nPage 5 of 9 Item # 12 Page 6 of 9 may, at its option, terminate this lease by giving the Lessee fifteen (15) days' written notice of such intention served upon the Lessee or left upon the leased property, and the term hereof shall absolutely expire and terminate immediately upon the expiration of said fifteen (15) day period, but the Lessee shall nevertheless and thereafter be liable to the Lessor for any deficiency between the rent due hereunder for the balance of the term of this lease and the rent actually received by Lessor from the leased property for the balance of said term. (c) The Lessor, at its option, may terminate this lease as for a default upon the occurrence of any or all of the following events: an assignment by Lessee for the benefit of creditors; or the filing of a voluntary or involuntary petition by or against Lessee under any law for the purpose of adjudicating Lessee bankrupt; or for reorganization, dissolution, or arrangement on account of or to prevent bankruptcy or insolvency; or the appointment of a receiver of the assets of Lessee; or the bankruptcy of the Lessee. Each of the foregoing events shall constitute a default by Lessee and breach of this lease. (d). Lessor at its option, may terminate this Lease in the event City Council determines at a duly constituted City Council meeting that the Leased Premises are needed for other municipal purposes and serves Lessee with sixty (60) days written notice of such intended use. By way of example and not limitation, budgetary concerns or shortfalls shall be considered municipal purpose. 18. MISCELLANEOUS. (a) The Lessor shall have the unrestricted right of assigning this lease at any time, and in the event of such assignment, the Lessor shall be relieved of all liabilities hereunder. (b) This contract shall bind the Lessor and its assigns or successors, and the Lessee and assigns and successors of the Lessee. (c) It is understood and agreed between the parties hereto that time is of the essence of this contract and this applies to all terms and conditions contained herein. (d) It is understood and agreed between the parties hereto that written notice sent by certified or registered mail, or hand delivered to the premises leased hereunder, shall constitute sufficient notice to the Lessee, and written notice sent by certified or registered mail or hand delivered to the office of the Lessor shall constitute sufficient notice to the Lessor, to comply with the terms of this contract. (e) The rights of the Lessor under the foregoing shall be cumulative, and failure on the part of the Lessor to exercise promptly any rights given hereunder shall not operate to forfeit any of the said rights. (f) It is hereby understood and agreed that Lessee shall use no signs in connection with the premises hereunder, except signs which shall be subject to the prior approval of the Lessor and in accordance with the Clearwater Code of Ordinances and other applicable law. (g) It is understood that no representations or promises shall be binding on the parties hereto except those representations and promises contained herein or in some future writing signed by the party making such representations or promises. Attachment number 3 \nPage 6 of 9 Item # 12 Page 7 of 9 (h) It is hereby agreed that if any installment of rent or any other sum due from Lessee is not received by Lessor within five (5) days after such amount shall be due, Lessee shall pay to Lessor a late charge equal to five percent (5%) of such overdue amount. The Lessor shall not be required to accept any rent not paid within five (5) days subsequent of the date when due absent the simultaneous payment of this late charge. The requirement for a late charge set out herein shall not be construed to create a curative period or a grace period for the timely payment of rent. 19. SUBROGATION. The Lessor and Lessee do agree that each will cause its policies of insurance for fire and extended coverage to be so endorsed as to waive any rights of subrogation which would be otherwise available to the insurance carriers, by reason of any loss or damage to the leased property or property of Lessor. Each party shall look first to any insurance in its favor before making any claim against the other party. Nothing contained herein shall in any way be considered or construed as a waiver or release by the Lessor of any and all of the other covenants and conditions contained in this lease to be performed by the Lessee. 20. ESTOPPEL LETTER. In the event Lessor shall obtain a loan from an institutional lender, and if the following shall be a requirement of such loan, the Lessee agrees to execute an estoppel letter in favor of the lender verifying the standing of the lease, the terms thereof, and all amounts paid thereunder and such other matters as may be reasonably requested. 21. PARKING SPACES. Lessee shall have the right to use the parking lot adjacent to the building, which shall be a included in the Leased Premises (as reflected in Exhibit “A” attached hereto and incorporated herein). 22. INDEMNIFICATION. The Lessee shall indemnify the Lessor against all liabilities, expenses and losses incurred by the Lessor arising out of or related to the leased premises or Lessee’s use or occupancy thereof, to include but not being limited to (a) failure by the Lessee, or its agents, to perform any provision, term, covenant or agreement required to be performed by the Lessee under this agreement; (b) any occurrence, injury or personal or property damage which shall happen in or about the leased property or appurtenances resulting from the condition, maintenance, construction on or of the operation of the leased property; (c) failure to comply with any requirements of any governmental authority or insurance company insuring the leased property or its contents; (d) any security agreement, conditional bill of sale or chattel mortgage or mechanic’s lien connected with Lessee, its obligations or operations, filed against the leased property, fixtures, equipment or personalty therein; and (e) any construction, work, alterations or improvements by Lessee on the leased property. Such indemnification shall include reasonable attorney’s fees for all proceedings, trials and appeals. 23. “AS IS” CONDITION. The Lessee accepts the leased premises on an “as is” basis, and Lessor shall have no obligation to improve or remodel the leased premises. Lessee acknowledges that Lessor has Attachment number 3 \nPage 7 of 9 Item # 12 Page 8 of 9 certain information regarding the environmental condition of the Leased Premises and surrounding properties owned by Lessor, and Lessor, at Lessee’s request, will provide copies of Lessor’s Environmental Reports related to same. Lessee may, at its expense, conduct all other studies and tests it deems necessary to satisfy itself regarding the environmental condition of the Property and suitability for its occupation. Lessee acknowledges and agrees that, except for Lessor’s obligations and warranties expressly provided for in this Lease, Lessee’s acceptance of the Property in an “as is” condition shall apply to, but shall not be limited to, the environmental condition of the Property, and shall hold Lessor harmless and indemnify, defend, and protect Lessor from and against any and all losses, costs, liabilities, claims, obligations, fines, penalties, actions, suits, proceedings, judgments, damages and/or expenses (including, without limitation, reasonable attorneys', contractors', and consultants' fees) incurred by, imposed upon, or commenced or asserted against Lessor at any time in the future, which are suffered by Lessee in connection with same. Lessee acknowledges that, except as hereinafter provided, Lessor makes no guarantee, representation or warranty, express or implied, regarding the environmental condition of the Property and, except as hereinafter provided, Lessor expressly disclaims any and all obligation and liability to Lessee regarding any physical or environmental defects which may exist with respect to the Property. 24. CONSTRUCTIVE EVICTION. Lessee shall not be entitled to claim a constructive eviction from the premises unless Lessee shall have first notified Lessor in writing of the condition or conditions giving rise thereto and, if the complaints be justified, unless Lessor shall have failed within a reasonable time after receipt of such notice to remedy such conditions. 25. JANITORIAL EXPENSES. Lessee shall obtain janitorial services for the leased premises at its expense. 26. SEVERANCE. The invalidity or unenforceability of any portion of this lease shall in nowise affect the remaining provisions and portions hereof. 27. CAPTIONS. The paragraph captions used throughout this lease are for the purpose of reference only and are not to be considered in the construction of this lease or in the interpretation of the rights or obligations of the parties hereto. 28. NO HAZARDOUS MATERIALS. The Lessee herewith covenants and agrees that no hazardous materials, hazardous waste, or other hazardous substances will be used, handled, stored or otherwise placed upon the property or, in the alternative, that such materials, wastes or substances may be located on the property, only upon the prior written consent of the Lessor hereunder, and only in strict accord and compliance with any and all applicable state and federal laws and ordinances. In the event such materials are utilized, handled, stored or otherwise placed upon the property, Lessee expressly herewith agrees to Attachment number 3 \nPage 8 of 9 Item # 12 Page 9 of 9 indemnify and hold Lessor harmless from any and all costs incurred by Lessor or damages as may be assessed against Lessor in connection with or otherwise relating to said hazardous materials, wastes or substances at anytime, without regard to the term of this lease. This provision shall specifically survive the termination hereof. 29. CONFORMANCE WITH LAWS. Lessee agrees to comply with all applicable federal, state and local laws during the life of this Contract. 30. ATTORNEY’S FEES. In the event that either party seeks to enforce this Contract through attorneys at law, then the parties agree that each party shall bear its own attorney fees and costs. 31. GOVERNING LAW. The laws of the State of Florida shall govern this Contract, and any action brought by either party shall lie in Pinellas County, Florida. IN WITNESS WHEREOF, the parties hereto have executed this Contract as of the date set forth above. CITY OF CLEARWATER, FLORIDA Countersigned: ______________________________ By: ________________________________ George N. Cretekos William B. Horne II Mayor City Manager Approved as to form: Attest: _____________________________ ________________________________ Laura Lipowski Mahony Rosemarie Call Assistant City Attorney City Clerk JOLLEY TROLLEY TRANS. OF CLEARWATER, INC. Attest: ________________________________ By: ________________________________ ________________________________ Print Name: ___________________________ Print Name Title: ________________________________ Attachment number 3 \nPage 9 of 9 Item # 12 City Council Agenda Council Chambers - City Hall Meeting Date:9/6/2012 SUBJECT / RECOMMENDATION: Approve the extension of Fire Protection Services Agreement between Pinellas County Fire Protection Authority and City of Clearwater for one year extending until September 30, 2013 and authorize the appropriate officials to execute same. (consent) SUMMARY: The Pinellas County Fire Protection Authority is a special district created for the purpose of providing fire protection services throughout the unincorporated areas of Pinellas County, pursuant to Chapter 73-600, Laws of Florida. Pinellas County has contracted with various municipalities and independent special fire districts in the County to provide fire protection services, which include: Response of firefighting apparatus, units and personnel to the scene of a fire, life safety related emergency, man-made or natural disaster or public service request; Command and control of the emergency scene, containment of any fire and mitigation of any hazards, including specialized rescue; Investigation of any fire to determine the cause and original; Inspection of commercial, industrial and multi-family dwellings for compliance with fire and life safety codes; and Education of the public in fire prevention, life safety and disaster preparedness, in accordance with Section 413. In 1999, the Fire Protection Authority signed a 10-year agreement with the contract providers that expired on September 30, 2009. In Fiscal Year 2009/10, 2010/11, and 2011/12 the Fire Protection Authority and the contract providers extended the contract for one year respectively, now ending September 30, 2012. In Fiscal Year 2012-2013, the Fire Protection Authority and the contract providers have agreed to extend the contract for another one-year period ending September 30, 2013. Through this contract, Clearwater Fire and Rescue will provide fire protection services to the residents of the City of Clearwater and to individuals within the unincorporated area of Pinellas County that is located within the Clearwater Fire Control District. The City of Clearwater has 6.49 square miles of unincorporated land located within the Clearwater Fire Control District. Pinellas County Fire Protection Authority and the City of Clearwater agree that upon approval of this extension, all terms of the original agreement will remain in force and effect as if the original term of the contract extended to September 30, 2013. Pinellas County Fire Protection Authority will continue to compensate Clearwater Fire and Rescue for the fiscal year commencing October 1, 2012 under the same terms as the previous contract. Under that contract 11.86% of the Clearwater Fire District was determined to be unincorporated Pinellas County for 2012. Therefore, the County reimbursed the City 11.86% of the net department budget or approximately $2.1 Million for fiscal year 2012. The reimbursement percentage can fluctuate year to year as property values within the fire district change. Cover Memo Item # 13 Type:Other Current Year Budget?:NoneBudget Adjustment:None Budget Adjustment Comments: Current Year Cost:Annual Operating Cost: Not to Exceed:Total Cost: For Fiscal Year: to Review Approval: Cover Memo Item # 13 Attachment number 1 \nPage 1 of 1 Item # 13 City Council Agenda Council Chambers - City Hall Meeting Date:9/6/2012 SUBJECT / RECOMMENDATION: Approve the October 1, 2012 through September 30, 2013 Emergency Medical Services ALS First Responder Agreement Extension between Pinellas County and City of Clearwater and authorize the appropriate officials to execute same. (consent) SUMMARY: The Pinellas County Emergency Medical Services Authority (EMS Authority) is a special district created for the purpose of providing Emergency Medical Services (EMS) throughout Pinellas County, pursuant to Chapter 80-585, Laws of Florida, and Chapter 54, Article III, Pinellas County Code, as amended. Pinellas County has contracted with various municipalities and independent special fire districts in the County to provide first responder services and has contracted with an ambulance contractor to provide emergency and non-emergency transport services. Through this contract, Clearwater Fire and Rescue will provide advanced life support services to the residents of the City of Clearwater and to individuals within the unincorporated area of Pinellas County that is located within the Clearwater Fire Control District. The City of Clearwater has 6.49 square miles of unincorporated land located within the Clearwater Fire Control District. The County began a review in 2010 of the Emergency Medical Services system and that review is on-going and should be completed during fiscal year 2013. While the study is on-going, the County has offered several one-year agreements. Compensation for the fiscal year commencing October 1, 2012 and ending September 30, 2013 shall be $5,467,634. Compensation is to be paid in arrears in equal monthly installments beginning on November 1, 2012. Review Approval: Cover Memo Item # 14 Attachment number 1 \nPage 1 of 5 Item # 14 Attachment number 1 \nPage 2 of 5 Item # 14 Attachment number 1 \nPage 3 of 5 Item # 14 Attachment number 1 \nPage 4 of 5 Item # 14 Attachment number 1 \nPage 5 of 5 Item # 14 City Council Agenda Council Chambers - City Hall Meeting Date:9/6/2012 SUBJECT / RECOMMENDATION: Approve the purchase of excess and specialty insurance policies from October 1, 2012 to October 1, 2013, at an amount not to exceed $725,000, and authorize the appropriate officials to execute same. (consent) SUMMARY: The Risk Management Division of the Finance Department purchases certain excess and specialty insurance coverages through the efforts of two brokers: Wells Fargo (Florida) and Arthur J. Gallagher and Company. These coverages include Crime, and Excess for General Liability/Automobile/Employee Benefits Liability/Workers’ Compensation/Public Officials and Law Enforcement Liability; Crime; Marine Operator's Liability; EMS General Liability; Compressed Natural Gas Liability (primary and excess); Third Party Storage Tank Liability; Hull Protection and Indemnity; and various Flood policies; per attached. In addition to the above coverages, staff is recommending two new policies regarding Bright House Field: flood and environmental/pollution. Type:Operating Expenditure Current Year Budget?:YesBudget Adjustment:None Budget Adjustment Comments: Current Year Cost:Annual Operating Cost:$725,000 Not to Exceed:Total Cost:$725,000 For Fiscal Year:10/1/2012 to 9/30/2013 Appropriation CodeAmountAppropriation Comment 590-07000-545100-519-000 Review Approval: Cover Memo Item # 15 Policy Renewal Due Prior Amount Paid for FY 2011-2012 Proposed Amount for FY 2012-2013 Percentage Increase / (Decrease) Excess General Liability/ Auto/ Employee Benefits/ Workers' Compensation/ Public Officials/ Law Enforcement 10/1/2012$369,745.00$384,940.004.1% Crime 10/1/2012 17,416.05 17,769.98 2.0% Marine Operator's Liability10/1/201217,355.22 17,338.51 -0.1% EMS General Liability10/1/201283,588.71 86,554.18 3.5% Compressed Nat'l Gas Liability10/1/201220,260.00 20,260.00 0.0% Third Party Storage Tank Liability5/20/201312,054.16 13,862.28 *15.0% Hull & P&I5/22/20138,153.64 9,376.69 *15.0% Flood: 651 N. Old Coachman Rd2/20/2013976.00 1,122.40 *15.0% Flood: 180 Gulfview Blvd 6/11/2013 12,874.00 14,805.10 *15.0% Flood: 534 Mandalay Ave6/12/20134,202.00 4,832.30 *15.0% Flood: 700 Bayway Blvd6/12/20131,437.00 1,652.55 *15.0% Flood: 1 Causeway Blvd6/23/20133,462.00 3,981.30 *15.0% Flood: 1001 Gulf Blvd8/3/2013808.00 929.20 *15.0% Flood: 1605 Harbor Dr9/29/20121,072.00 1,098.00 2.4% Flood: 25 Causeway Blvd.11/12/20126,662.00 7,661.30 *15.0% Flood: 69 Bay Esplanade11/12/20127,851.00 9,028.65 *15.0% Flood: 3141-3157 Gulf to Bay Blvd11/12/20129,732.00 11,191.80 *15.0% Subtotal Existing Policies577,648.78 606,404.24 5.0% New / Additional Policies: Flood: Bright House Field N/A25,000.00 **New Enviro: Bright House Field N/A75,000.00 **New Total All Policies577,648.78 706,404.24 22.3% Contingency22,351.22 18,595.76 -16.8% Total Requested$600,000.00$725,000.0020.8% * Estimated using a 15% increase **Estimated amount for new policies City of Clearwater Excess and Specialty Insurance Renewals Broker: Wells Fargo Insurance Services USA, Inc. Broker: Arthur J. Gallagher Risk Management Services, Inc. October 1, 2012 thru September 30, 2013 Attachment number 1 \nPage 1 of 1 Item # 15 City Council Agenda Council Chambers - City Hall Meeting Date:9/6/2012 SUBJECT / RECOMMENDATION: Approve settlement of the liability claim for payment not to exceed $33,000 and authorize the appropriate officials to execute same. (consent) SUMMARY: On July 7, 2012 the claimant’s residence suffered a wastewater backup as a result of a root blockage on the City side of the Waste Water System. The claimant’s home suffered damages to personal property and wastewater damages to the entry/foyer, dining room, Florida room, office, kitchen, pantry, laundry room, hallway, front bedroom, bathroom and master bedroom. Floor coverings, drywall, wall trim, etc., must be removed and replaced to repair the wastewater damages. The expenses will not exceed $33,000. The City’s limit of liability as provided by Section 768.28, Florida Statutes is $200,000/$300,000. The City’s Risk Management Division and the City’s Claims Committee recommend this settlement. Funding for the payment of this settlement is available in the budget for claims expense in the Central Insurance Fund. Appropriation CodeAmountAppropriation Comment 590-07000-545900-519-000 $33,000.00 Review Approval: Cover Memo Item # 16 City Council Agenda Council Chambers - City Hall Meeting Date:9/6/2012 SUBJECT / RECOMMENDATION: Approve Supplemental 5 Work Order to Engineer of Record (EOR) URS Corporation Southern for Year Three of Remedial Action Plan in the amount of $49,750 and authorize the appropriate officials to execute same. (consent) SUMMARY: June 1, 2007, a Work Order was approved to EOR URS for sampling in preparation of a Remedial Action Plan (RAP) as required by Florida Department of Environmental Protection (FDEP) for Clearwater Airpark which has been impacted with aviation fuel, in the amount of $4,260. Over time, additional sampling and assessments were necessary to finalize the RAP, which resulted in approvals of supplemental work orders 1 and 2 totaling $43,345 increasing the total value to $47,605. August 6, 2009, City Council approved supplemental work order 3, which addressed installation and startup of the remedial system, as well as the operation, maintenance, monitoring and reporting for the first year of remedial activities in the amount of $235,250 for a total work order value of $282,855. Supplemental 4 was for continued operations (Year- 2) which included on-going system maintenance, monitoring, sampling and reporting in the amount of $62,700.00 for a total work order valued at $345,555 of which Florida Department of Transportation has funded with a $99,568 grant . Supplemental 5 work order initiative addresses the operation, maintenance, monitoring, and reporting (Year 3) in the amount of $49,750. The Florida Department of Transportation will reimburse $39,800 (80%) with grant funding. The $49,750 will come from Capital Improvement Program (CIP) project 0315-94871, Clearwater Airpark Enhancements. Remediation of the site is expected to be completed during Year 3 with some post groundwater monitoring to verify cleanup. Type:Other Current Year Budget?:YesBudget Adjustment:None Budget Adjustment Comments: Current Year Cost:$49,750.00Annual Operating Cost: Not to Exceed:$49,750.00 Total Cost:$49,750.00 For Fiscal Year:2012 to 2013 Appropriation CodeAmountAppropriation Comment 315-94871 $49,750.00Clearwater Airpark Enhancements Review Approval:Cover Memo Item # 17 URS CORPORATION SOUTHERN Date: April 30, 2012 1. PROJECT TITLE: Remedial Action Clearwater Executive Airpark 1100 North Hercules Avenue Clearwater, Florida Facility ID# 2. SCOPE OF WORK: SUMMARY The aircraft fueling area at the subject Approximately 310 tons of impacted soil were excavated and transported to a permitted thermal treatment facility in October 2002. Concentrations of several organic constituents (i.e., benzene and toluene) concentrations based on data collected in February 2005. The lateral and vertical extent of impacted groundwater was adequately delineated and the Pinellas County Health Department (PCHD) requested submittal of a Remedial Action Plan (RA dated August 15, 2007. URS conducted supplemental assessment activities and prepared a RAP, which was submitted to the PCHD Pollutant Storage Tank Cleanup Program on September 28, 2007. supplemental RAP was prepared by URS Based on comments provided by the PCHD, a RAP Addendum was prepared and submitted on November 20, 2008. The RAP Addendum was approved by Tank Cleanup Program on April 23, 2009 A dual phase vacuum extraction (DPVE) system was installed between October 2009 and January 2010. Start on February 1, 2010. Following system activation, monitoring activities were conducted following the schedule specified in the RAP Addendum. As of January 2011, approximately 3,500,000 gallons of groundwater have been extracted from the surficial aquifer and treated. Evaluation of groundwater monitoring data indicates that the remediation syste effective in reducing both the mass and lateral extent of petroleum constituents in the surficial aquifer. Currently, groundwater impacted with petroleum constituents is primarily limited to the area where the release occurred (i.e., the former indicates that the vadose zone in the release area no longer contains concentrations of petroleum constituents above soil cleanup target levels. 7650 W. Courtney Campbell Causeway SOUTHERN SUPPLEMENTAL WORK ORDER INITIATION FORM URS Project No. City Project No. Remedial Action Year Three Operation Clearwater Executive Airpark 1100 North Hercules Avenue Clearwater, Florida Facility ID# 528630882 aircraft fueling area at the subject property has been impacted with Approximately 310 tons of impacted soil were excavated and transported to a permitted thermal treatment facility in October 2002. Concentrations of several organic constituents (i.e., benzene and toluene) in groundwater exceed natural attenuati concentrations based on data collected in February 2005. The lateral and vertical extent of impacted groundwater was adequately delineated and the Pinellas County Health requested submittal of a Remedial Action Plan (RA URS conducted supplemental assessment activities and prepared a RAP, which was submitted to the PCHD Pollutant Storage Tank Cleanup Program on September 28, 2007. supplemental RAP was prepared by URS and submitted to the PCHD on Based on comments provided by the PCHD, a RAP Addendum was prepared and submitted 20, 2008. The RAP Addendum was approved by the PC on April 23, 2009. e vacuum extraction (DPVE) system was installed at the subject property between October 2009 and January 2010. Start-up of the remediation system was initiated on February 1, 2010. Following system activation, monitoring activities were conducted ng the schedule specified in the RAP Addendum. As of January 2011, approximately 3,500,000 gallons of groundwater have been extracted from the surficial aquifer and treated. Evaluation of groundwater monitoring data indicates that the remediation syste effective in reducing both the mass and lateral extent of petroleum constituents in the surficial Currently, groundwater impacted with petroleum constituents is primarily limited to the area where the release occurred (i.e., the former fuel island). Further, soil analytical data indicates that the vadose zone in the release area no longer contains concentrations of petroleum constituents above soil cleanup target levels. 7650 W. Courtney Campbell Causeway Tampa, FL 33607 Phone: 813-286-1777 Fax 813-636-2499 WORK ORDER INITIATION FORM 07-0029-MA property has been impacted with aviation gasoline. Approximately 310 tons of impacted soil were excavated and transported to a permitted thermal treatment facility in October 2002. Concentrations of several organic constituents in groundwater exceed natural attenuation default source concentrations based on data collected in February 2005. The lateral and vertical extent of impacted groundwater was adequately delineated and the Pinellas County Health requested submittal of a Remedial Action Plan (RAP) in correspondence URS conducted supplemental assessment activities and prepared a RAP, which was submitted to the PCHD Pollutant Storage Tank Cleanup Program on September 28, 2007. A to the PCHD on June 12, 2008. Based on comments provided by the PCHD, a RAP Addendum was prepared and submitted CHD Pollutant Storage at the subject property up of the remediation system was initiated on February 1, 2010. Following system activation, monitoring activities were conducted ng the schedule specified in the RAP Addendum. As of January 2011, approximately 3,500,000 gallons of groundwater have been extracted from the surficial aquifer and treated. Evaluation of groundwater monitoring data indicates that the remediation system has been effective in reducing both the mass and lateral extent of petroleum constituents in the surficial Currently, groundwater impacted with petroleum constituents is primarily limited to Further, soil analytical data indicates that the vadose zone in the release area no longer contains concentrations of Attachment number 1 \nPage 1 of 3 Item # 17 City of Clearwater – Remedial Action Implementation– Clearwater Executive Airpark RAP Year 3 Operation WOIF April 30, 2012 2 This work order initiation form addresses operation, maintenance, monitoring, and reporting for the remainder of the third year of remedial activities. Additional services after the third year will be addressed with supplemental work order initiation forms. Task #1 Remedial System Operation and Maintenance Operation and maintenance of the DPVE will continue to be conducted by Croy Dewatering and Environmental Services. Remedial activities will focus on the remaining area of impacted groundwater (i.e., east of the former fuel island). URS understands that the City of Clearwater will continue to be responsible for providing electrical power to the DPVE system. Estimated monthly electrical charges are included in this work order initiation form. Task #2 Monitoring and Reporting Monitoring will continue to be conducted to evaluate the effectiveness of the DPVE system. Monitoring will be performed as specified in Section 5.3 of the November 2008 RAP Addendum. Sample collection will be performed by URS personnel in accordance with the Florida Department of Environmental Protection (FDEP) Standard Operating Procedures for Field Activities (DEP-SOP-002/01). Samples will be analyzed for analytical parameters specified in Section 5 of the RAP Addendum. URS will evaluate the analytical data and prepare an Annual Remediation Status Report. The report will be submitted to the PCHD Pollutant Storage Tank Cleanup Program. 3. PROJECT GOALS: Continue remedial actions to achieve groundwater cleanup goals as specified in Section 4 of the November 2008 RAP Addendum. 3. BUDGET: Year Two Task Description Task 1 Operation and Maintenance (3 quarters) $ 18,750 Task 2 Monitoring and Reporting (one year) $ 31,000 Project Total $ 49,750 5. SCHEDULE: URS is prepared to continue work on this project immediately upon acceptance of this Work Order. 6. STAFF ASSIGNMENTS: City of Clearwater: Ed Chesney, Joe DeCicco, Gordie Wills URS Corporation: Ed Siersema, Tom Carberry Attachment number 1 \nPage 2 of 3 Item # 17 City of Clearwater – Remedial Action Implementation– Clearwater Executive Airpark RAP Year 3 Operation WOIF April 30, 2012 3 7. CORRESPONDENCE/REPORTING PROCEDURES: All URS Correspondence shall be directed to Joe DeCicco. All City correspondence shall be directed to Tom Carberry. 8. INVOICING/FUNDING PROCEDURES: Invoices will be based on actual time and direct costs expended. Invoices will be submitted on a monthly basis and at the conclusion of the project. Invoices will be sent to the City of Clearwater Engineering Department, Attention: Veronica Josef, Senior Staff Assistant, P.O. Box 4748, Clearwater, Florida 33758-4748, for work performed. City Expenditure Code: 9. ENGINEER CERTIFICATION: All reports will be signed and sealed by a professional engineer or professional geologist registered in the State of Florida. I understand that it is my responsibility as the project’s Professional Engineer (Geologist) to perform a quality assurance review of these submitted plans to ensure that such plans are free from negligent errors and/or omissions. 10. SPECIAL CONSIDERATIONS: a) Field activities will be conducted in accordance with FDEP’s Standard Operating Procedures (SOP) for Field Activities (DEP-SOP-002/01). b) Implementation of the RAP will be conducted in accordance with the requirements of Chapter 62-770, FAC. c) All documents will be submitted to the Project Manager for review and comment prior to submittal to any regulatory agency. d) Any variations to the schedule or scope of work may require a modification of the cost estimate. PREPARED BY: APPROVED BY: Dana Tallman, P.E. BCEE Date Michael D. Quillen, P.E. Date Vice President City Engineer Water Business Line Manager City of Clearwater URS Corporation Southern Attachment number 1 \nPage 3 of 3 Item # 17 City Council Agenda Council Chambers - City Hall Meeting Date:9/6/2012 SUBJECT / RECOMMENDATION: Approve the 5-year Lease, with provision for five 5-year extensions, solely upon agreement of each of the two parties, between the City of Clearwater and Marina Cantina, LLC, owned by Frank Chivas, for 9,285 square feet of interior space and 11,237 square feet of exterior patio space at the Clearwater Marina, and authorize the appropriate officials to execute same. (consent) SUMMARY: Frank Chivas, current lessee of 9,000+/- square feet of space at the Clearwater Marina, has approached the City with a proposal to expand his leasehold interest in the Marina for developing a destination restaurant incorporating his current leasehold property, assuming the expired lease for the current gift shop (effective January 1, 2013), and placing approximately 11,237 square feet of previously undeveloped and/or unleased roof area on the second and third floors under lease for patio space attendant to his restaurant. Exact areas included in the leasehold are delineated in the lease. To maximize the efficiency of the restaurant, he is underwriting the cost of relocating the Marina Department offices from the second to the first floors. Finally, in order to incorporate the restaurant appropriately into the Marina, he proposes an exterior renovation of the spaces under his leasehold to return the architectural theme more closely to the original appearance when the Marina was constructed. Rent is structured on a per square foot basis for the 9,285 square feet of interior space, with the exterior, seasonal patio square footage being compensated by the 8% City share of alcohol sales from the facility. The estimated lessee investment of $2.5 Million of which $1.376 Million is capital cost (as detailed in Exhibit E) of the Lease Document is subject to capital cost capitalization of construction. The investment is amortized over 12 years at a rate below current market rate to compensate for the investment. The base rent will be $9.00 per square foot for years 1 through 7 and $17.50 per square foot for years 8 through 12. Additional rent of 8% of gross alcohol sales commences upon the completion of the restaurant no later than year 3. Subsequently in addition to the 8% of gross alcohol sales, beginning in year 13, rent for the enclosed square footage increases to $20 per square foot, which is the current market rate for commercial space at the Marina. Rent increases by a minimum of 10% every 7-year period thereafter. Projected revenue to the City, should the lessee be renewed for the full 30-year period, is projected to be nearly $9 Million, in addition to the $2.5 Million investment by the lessee. If the Lessor does not consent for an additional term or terminates the lease for municipal need, provisions in Exhibit F (paragraph 1) apply to the unamortized remaining principal of the capital costs of construction over the first 12 years. Staff supports this lease agreement, as in the best interest of the City and the Marine Enterprise Fund, for the following reasons: 1) The projected revenue structure and lease is consistent with the intent and objectives of the Marina Business Plan, in providing both capital and operating revenue stabilization for the Marina Enterprise Fund into the future; 2) The lessee is an established, successful restaurateur and business owner, providing a high likelihood of restaurant and revenue stream success; 3) The anticipated success of the restaurant ,and enhanced Marina facility, will support and leverage the overall tourist attraction and economic performance of the Beach area in general and for the Marina per se: 4) The $1.376 Million capital improvements will provide modernization, enhancement and City value capture for the entire marina, not just the leasehold areas, to the benefit of the taxpayers and Marina facility users in capital investment avoidance and facility enhancement; Cover Memo Item # 18 5) The physical restoration of the facility to approximate its original design will provide assurance to the community that the marina will remain an appropriate structure in the area redevelopment; 6) Should economic or operational performance fail to meet City expectations, the City has the unilateral and unrestricted right of non-renewal at any five-year renewal point. Review Approval: Cover Memo Item # 18 Attachment number 1 \nPage 1 of 1 Item # 18 Proposed Marina Lease Outline City of Clearwater and Frank Chivas 8/20/12 1. SCOPE: -INTERIOR SPACE: 9,285 sq. ft. including: 1st Floor Gift Shop 1,524 sq. ft.; Portion of Former Post Office 1,300 sq. ft.; Entire Enclosed 2nd Floor 6,088 sq. ft.; Cupola on Roof 373sq. ft . - EXTERIOR SPACE: 11,237square feet, including 2nd floor patio areas and previously unimproved 3rd floor roof areas 2. TERM: 5 years, with five (5), five (5) year extensions based upon mutual agreement of the parties. 3. LESSEE INVESTMENT: $2.5 Million (Est.) capital improvements 4. RENT: Base rent on 9,285 enclosed square footage, plus 8% of alcohol sales for 2nd and 3rd floor seasonal terrace use (11,237 square feet) Base Rent 8% of alcohol sales (Est.) Total revenue Years 1-2 will be construction with no alcohol sales Gift shop (1,524 sq. ft.) gets added for the last 9 months of year 1 Year 1 is 7,761 sq. ft. @ $9.00/sq. ft .for 3 months + 9,285 sq. ft. @ $9.00/sq. ft. for 9 months = $80,136 $ 80,136.00 Year 2 is 9,285 sq. ft. @$9.00/sq. ft. for 12 months = $ 83,565 $ 83,565.00 Years 3 through 7 9,285 sq. ft. @ $9.00/sq.ft. = $ 83,565.00 $ 80,000+/- $ 163,565.00 Years 8 through 12 9,285 sq. ft. @ $17.50/sq.ft. = $ 162,487.50 $ 100,000+/- $ 262,487.50 Years 13 through 17 9,285 sq. ft. @ $20.00/sq.ft.= $ 185,700.00 $ 120,000+/- $ 305,700.00 Years 18 through 22 9,285 sq. ft. @ $22.50/sq.ft.= $ 208,912.00 $ 140,000+/- $ 348,912.00 Years 23 through 27 9,285 sq. ft. @ $25.00/sq.ft. = $ 232,125.00 $ 160,000+/- $ 392,125.00 Years 28 through 30 9,285 sq. ft. @ $27.50/sq.ft. = $ 255,337.50 $ 180,000+/- $ 435,387.50 5. TRIPLE NET: Real Estate Taxes, Utilities and Insurance Paid by Lessee 6. RELOCATION OF MARINA OFFICES: Relocation of current marina offices to facilitate project funded by lessee (+/- $30,000) 7. MUNICIPAL PURPOSES CLAUSE: Lease must provide city the option to reclaim for municipal purpose. 8. OTHER: Subject to formal lease negotiation acceptable to the parties Base rent is discounted from current $20/sq. ft. rate for the first 7 years of lease, in order recognize the 2 year build out period per FEMA and further allow the lessee to amortize the $2.5 M investment. Thereafter, the rent increases to $17.50/sq. ft. until year 13 where it resets to current market rate ($20/sq ft). Subsequent increases at 7 year thresholds are at 14.3%, then 12.5%, then 11.1%, then 10% rate/period. Attachment number 2 \nPage 1 of 2 Item # 18 On a five year lease schedule this would be: Years 1 through 5 $9.00 Annual Revenue* 5 year Total* Year 1 Construction no alcohol sales $ 80,136.00 Year 2 Construction no alcohol sales $ 83,565.00 Year 3 Starts to include projected alcohol sales $ 163,565.00 Year 4 $ 163,565.00 Year 5 $ 163,565.00 $654,396.00 Year 6 $ 163,565.00 Year 7 $ 163,565.00 Year 8 17.50 + 8% $ 262,487.50 Year 9 $ 262,487.50 Year 10 $ 262,487.50 $1,114,591.00 Year 11 $ 262,487.50 Year 12 $ 262,487.50 Year 13 20.00 + 8% $ 305,700.00 Year 14 $ 305,700.00 Year 15 $ 305,700.00 $1,442,075.00 Year 16 $ 305,700.00 Year 17 $ 305,700.00 Year 18 22.50 + 8% $ 348,912.00 Year 19 $ 348,912.00 Year 20 $ 348,912.00 $1,658,136.00 Year 21 $ 348,912.00 Year 22 $ 348,912.00 Year 23 25.00 + 8% $ 392,125.00 Year 24 $ 392,125.00 Year 25 $ 392,125.00 $1,874,199.00 Year 26 $ 392,125.00 Year 27 $ 392,125.00 Year 28 27.50 + 8% $ 435,387.50 Year 29 $ 435,387.50 Year 30 $ 435,387.50 $2,090,411.00 Total Revenue $8,833,808.00 ------------------- * Annual revenue will vary based upon actual 8% alcohol sales; base rent will be as delineated in the lease. Attachment number 2 \nPage 2 of 2 Item # 18 Marina Cantina LLC Lease LEASE AGREEMENT THIS LEASE AGREEMENT, made and entered into this _____ day of _________, 2012, by and between the CITY OF CLEARWATER, FLORIDA, a municipal corporation, hereinafter referred to as “Lessor” and Marina Cantina, LLC, a Florida limited liability company, d/b/a Marina Cantina Restaurant, 25 Causeway Boulevard, Clearwater, Florida 33767, hereinafter referred to as “Lessee”: W I T N E S S E T H : That in consideration of the covenants herein contained of the granting of this lease and the sums paid and to be paid hereunder, the Lessor hereby leases to the Lessee and the Lessee hereby leases from the Lessor according to the terms, conditions and covenants herein contained the following described premises in the City of Clearwater, Pinellas County, Florida, to wit: See attached Exhibit "A." NOW, THEREFORE, IT IS MUTUALLY AGREED AS FOLLOWS: 1. This lease shall be for a five (5) year lease term, with the option to renew for five additional five (5) year terms, beginning, October 1st, 2012, and ending either September 30th, 2017 or five years after the last option is exercised, and such option(s) shall only be exercised with the written consent of both parties. An “agreement year” commences on the 1st day of October of each year and terminates on the 30th day of September of the following year. This lease agreement shall supersede all prior leases with this Lessee for this property. If the Lessor does not consent to renewing for an additional term or terminates the lease for municipal need, the Lessor agrees to pay Lessee an amount equal to the unamortized construction cost incurred by Lessee, as detailed in Exhibit E, to be calculated as detailed in Exhibit F on the date after the conclusion of the previous lease term or as of the “termination for municipal need” date, such unamortized construction costs to be determined by amortizing on a straight line basis over a twelve (12) year period commencing on the Lease Commencement Date. If Attachment number 3 \nPage 1 of 21 Item # 18 Marina Cantina, LLC Lease 2 this Agreement is terminated during the span of an agreement year, the amount of the refund will be prorated for that particular agreement year. 2. The Lessor may cancel this agreement at any time by giving thirty (30) days prior written notice to the Lessee, or any of its agents or its attorney, when in the opinion of the Lessor inferior service is being offered, or for any other good and valid reason that in the opinion of the Lessor might detract from the City of Clearwater and is not in the best interest of the public. Such written notice shall state in particular any and all complaints and Lessee shall have thirty (30) days within which to reasonably correct such complaints to the satisfaction of the City Manager. 3. Lessor, in addition to any other right of termination set forth in this agreement, may terminate this Lease for any municipal need as determined by the City Council on sixty (60) days written notice. 4. The Premises shall be used only for the purpose of conducting the business of a full service restaurant with full liquor bar and service; otherwise, this lease becomes null and void. 5. The Lessee hereby covenants and agrees to pay rent for the leasehold, which will eventually comprise 9,285 square feet of interior space and 11,237 square feet of exterior/seasonal patio space as follows: a. Once the restaurant is open for business, the Lessee shall, at the beginning of the following month, pay an amount equivalent to eight (8) percent of monthly gross alcoholic beverage sales for the preceding, calculable month throughout the term of this lease, and any extension thereof. The percentage of alcohol sales remittance shall be made along with the Lessee’s payment of the monthly rent, which is detailed in subsections (b) through (h) below. The Lessee shall provide the Lessor within 15 days after the end of each month during the term of this lease a statement showing the amount of alcohol beverage gross sales accounted separately during the month. The statement used by the Lessee to report such sales will be in form satisfactory to the City Manager or his designee. Such statement should be accompanied with a copy of the monthly State Sales Tax return paperwork accounting the amount of gross sales for the preceding month. The term “gross sales” as used in this paragraph means the entire amount of the actual sales receipts, whether for cash or Attachment number 3 \nPage 2 of 21 Item # 18 Marina Cantina, LLC Lease 3 otherwise, for all sales conducted in, on or from the premises. The term “alcohol beverage” means all beverages containing alcohol. No deduction shall be allowed for uncollected or uncollectible credit accounts. Such term shall not include, however, any sums collected and paid out for any sales or excise tax imposed by a governmental authority wherein Lessee is regarded as the collecting agent. b. Year 1 – Lessee shall: i. Pay $9.00/sq. ft. for 7,761 sq. ft. of leasehold for the first three (3) months of year 1. ii. Pay $9.00/sq. ft. when Lessee’s leasehold expands to 9,285 sq. ft. for the remaining nine (9) months of year 1. iii. Pay the total sum of $80,136.00 plus tax for this year of the lease, which shall be paid in equal monthly payments of $6,678.00 plus tax through September 30, 2013. Each monthly payment shall be due and payable on the first day of each month. c. Years 2 through 5 – Lessee shall: i. Pay $9.00/sq. ft. for 9,285 sq. ft. per year during years 2 through 5 of the lease. ii. Pay the total sum of $334,260.00 plus tax during the span of years 2 through 5 of the lease, which shall be paid in equal monthly payments of $6,963.75 plus tax through September 30, 2017. Each monthly payment shall be due and payable on the first day of each month. d. Years 6 through 10 (if applicable, from October 1, 2017 to September 30, 2022) – Lessee shall: i. Pay $9.00/sq. ft. for 9,285 sq. ft. per year during years 6 and 7 of the lease, at a total sum of $167,130.00 plus tax, which shall be paid in equal monthly payments of $6,963.75 plus tax through September 30, 2019. ii. Pay $17.50/sq. ft. for 9,285 sq. ft. per year during years 8 through 10 of the lease, at a total sum of $487,462.68 plus tax, which shall be paid in equal monthly payments of $13,540.63 plus tax through Attachment number 3 \nPage 3 of 21 Item # 18 Marina Cantina, LLC Lease 4 September 30, 2022. iii. Each monthly payment shall be due and payable on the first day of each month. e. Years 11 through 15 (if applicable, from October 1, 2022 to September 30, 2027) – Lessee shall: i. Pay $17.50/sq. ft. for 9,285 sq. ft. per year during years 11 and 12 of the lease, at a total sum of $324,975.12 plus tax, which shall be paid in equal monthly payments of $13,540.63 plus tax through September 30, 2024. ii. Pay $20.00/sq. ft. for 9,285 sq. ft. per year during years 13 through 15 of the lease, at a total sum of $557,100.00 plus tax, which shall be paid in equal monthly payments of $15,475.00 plus tax through September 30, 2027. iii. Each monthly payment shall be due and payable on the first day of each month. f. Years 16 through 20 (if applicable, from October 1, 2027 to September 30, 2032) – Lessee shall: i. Pay $20.00/sq. ft. for 9,285 sq. ft. per year during years 16 and 17 of the lease, at a total sum of $371,400.00 plus tax, which shall be paid in equal monthly payments of $15,475.00 plus tax through September 30, 2029. ii. Pay $22.50/sq. ft. for 9,285 sq. ft. per year during years 18 through 20 of the lease, at a total sum of $626,737.68 plus tax, which shall be paid in equal monthly payments of $17,409.38 plus tax through September 30, 2032. iii. Each monthly payment shall be due and payable on the first day of each month. g. Years 21 through 25 (if applicable, from October 1, 2032 to September 30, 2037) – Lessee shall: i. Pay $22.50/sq. ft. for 9,285 sq. ft. per year during years 21 and 22 of the lease, at a total sum of $417,825.12 plus tax, which shall be Attachment number 3 \nPage 4 of 21 Item # 18 Marina Cantina, LLC Lease 5 paid in equal monthly payments of $17,409.38 plus tax through September 30, 2034. ii. Pay $25.00/sq. ft. for 9,285 sq. ft. per year during years 23 through 25 of the lease, at a total sum of $696,375.00 plus tax, which shall be paid in equal monthly payments of $19,343.75 plus tax through September 30, 2037. iii. Each monthly payment shall be due and payable on first day of each month h. Years 26 through 30 (if applicable, from October 1, 2037 to September 30, 2042) – Lessee shall: i. Pay $25.00/sq. ft. for 9,285 sq. ft. per year during years 26 and 27 of the lease, at a total sum of $464,250.00 plus tax, which shall be paid in equal monthly payments of $19,343.75 plus tax through September 30, 2039. ii. Pay $27.50/sq. ft. for 9,285 sq. ft. per year during years 28 through 30 of the lease, at a total sum of $766,012.68 plus tax, which shall be paid in equal monthly payments of $21,278.13 plus tax through September 30, 2042. iii. Each monthly payment shall be due and payable on the first day of each month. i. Any amount due from Lessee to Lessor under this agreement that is not paid when due, shall bear interest at the maximum rate allowable by law, plus a late charge of ten dollars ($10.00) to cover Lessor’s administrative expenses in collecting such delinquency. j. In addition to paying the first month's rent of $6,678.00, the Lessee shall pay an additional $6,963.75 as a deposit to secure the faithful performance of the Lessee's obligations hereunder. If options to extend the lease are exercised, then the Lessee must provide the Lessor a deposit equaling the highest monthly payment of that respective lease term. Lessee’s failure to maintain the appropriate deposit amount with the Lessor may result in Lessor declaring this failure an Event of Default. The Lessor may deduct from the deposit any amount, which might become due from the Lessee to Attachment number 3 \nPage 5 of 21 Item # 18 Marina Cantina, LLC Lease 6 the Lessor for damage to the premises or for any reason or cause whatsoever except rent. At the end of the term of this lease, the deposit amount or the balance thereof, if any, shall be credited to Lessee's last monthly rental payment. k. If Lessee defaults in the payment of any installment of rent, Frank Chivas, individually, as Guarantor under the Guaranty of Payment of Rent Under Lease Agreement (Exhibit “C”, attached hereto and incorporated herein), shall pay the amount of such installment(s) due and owed within thirty (30) days after receipt of notice of default and demand for payment as provided for therein. Frank Chivas will not be personally liable for any accelerated rental payments in the event Lessor exercises its right to accelerate rental payments pursuant to paragraph 15(f)(1) below. 6. The Lessee hereby covenants and agrees to make no unlawful, improper, or offensive use of the Premises. Lessee shall not permit any business to be operated in or from the Premises by any concessionaire of Lessee without the written consent of Lessor. Lessee further covenants and agrees not to assign, pledge, hypothecate, or sublet this agreement in whole or in part without the prior written consent of Lessor. The consent of Lessor to any assignment, pledging, hypothecating, or subletting shall be at Lessor’s sole discretion, and shall not constitute a waiver of the necessity for such consent to any subsequent assignment, pledging, hypothecating, or subletting. This paragraph shall be construed to include a prohibition against any assignment or subletting by operation of law. If this agreement is assigned, or if the Premises or any part thereof is sublet or occupied by anybody other than Lessee, Lessor may collect rent from the assignee, subtenant or occupant, and apply the net amount collected to the payments to be made herein by Lessee, but no such assignment, subletting, occupancy or collection shall be deemed a waiver of this covenant, or the acceptance of the assignee, subtenant or occupant as tenant, or a release of Lessee from the further performance by Lessee of covenants on the part of Lessee herein contained. If at any time during the term of this Agreement, any or all of Lessee’s interests in the demised premises are transferred by sale, assignment, bequest, inheritance, operation of law or disposition, Lessee shall notify Lessor in writing of such transfer and shall provide to Lessor the name, address, financial statement and business experience resume for the immediate preceding five (5) years of the proposed assignee. This Attachment number 3 \nPage 6 of 21 Item # 18 Marina Cantina, LLC Lease 7 information shall be in writing and shall be received by Lessor no less than thirty (30) days prior to the effective date of such transfer. Lessor at its sole discretion shall have the option of accepting the proposed assignee and can charge a reasonable fee to Lessee for processing such request. Lessee can request a transfer under this provision no more than once in an agreement year unless otherwise approved to in writing by Lessor. 7. Lessee agrees that it will promptly pay all ad valorem real property taxes and personal property taxes that may be assessed against the Premises during the term of this agreement. Lessee further agrees that it will pay any state sales tax due on the rental payment made by the Lessee to the Lessor and that it will pay all other taxes, including but not limited to, business tax receipt, beverage license, and permits relating to the operation of the business conducted on the Premises, which are required by law. 8. The Lessee hereby covenants and agrees to pay all bills for electrical service and water usage to the premises when due. The electrical service shall be provided by Progress Energy Corporation, or other similarly situated franchisee with the capacity to provide such utility, in accordance with the company’s rates and billing, and water service provided by the City of Clearwater, in accordance with its standard rates and billing. 9. Lessee will use biodegradable materials whenever feasible. 10. Lessee will provide all equipment and merchandise necessary for the operation of the restaurant. In addition, the Lessee will pay all normal day-to-day repair, maintenance, and replacement costs, being certain that any material used will be equal to or better than that originally provided. 11. Lessee will be responsible for collecting and disposing of all trash, garbage, and other debris upon or about the leased premises including the decks and all exterior patio space. 12. The Lessee further covenants and agrees to operate the business authorized to be conducted on the premises three hundred sixty five (365) days a year during the term of this lease, except for any period of time involved in natural disasters, including governmental orders or requirements such as evacuation for hurricane Attachment number 3 \nPage 7 of 21 Item # 18 Marina Cantina, LLC Lease 8 preparations, and any time necessary to repair or replace any damage caused to the demised premises by natural disasters. 13. Lessee agrees to indemnify and hold Lessor and its employees harmless from and against any and all claims, demands, and causes of action or lawsuits of whatever kind or character arising directly or indirectly out of this agreement and/or performance hereof. This indemnity clause includes, but is not limited to, claims, demands, causes of action or lawsuits for damages or injuries to goods, wares, merchandise and property and/or for any bodily or personal injury or loss of life in, upon or about the leased Premises or the surrounding premises the Lessee is required to maintain or which the Lessee uses in connection with the business operated at, on or from the leased Premises. Damage to all personal property, including trade fixtures, in the Premises shall be at the risk of Lessee, and Lessor shall not be liable for any damage to such property arising from any cause including, but not limited to, bursting, leaking or accidental operation of water or sewer pipes; roof leaks or flooding. Lessee agrees to investigate, handle, provide defense for and defend any such claims, demands, causes of action or lawsuits at its sole expense and agrees to bear all other costs and expenses related thereto, even if the claim, demand, cause of action or lawsuit is groundless, false or fraudulent. Lessee shall at his own expense purchase or maintain during the term of this agreement, the insurance coverage conforming to the requirements in Exhibit “B” attached hereto. Nothing contained herein shall be construed as a waiver of any immunity from or limitation of liability the Lessor may be entitled to under the doctrine of sovereign immunity or section 768.28, Florida Statutes. 14. If at any time during the term of this agreement, the buildings or Premises or any part, system, or component thereof, (hereinafter, the “demised premises”) shall be damaged, said demised premises and any additions or improvements thereto, shall be promptly repaired or rebuilt or restored by the Lessee to the condition as good as the same was immediately prior to such damage or destruction at the Lessee’s risk and expense, and in accordance with plans and specifications mutually agreed upon at the time; or if none can be agreed upon, then in accordance with the original plans and specifications and any subsequent plans and specifications for any additions or Attachment number 3 \nPage 8 of 21 Item # 18 Marina Cantina, LLC Lease 9 improvements constructed prior to the damage. The work of restoration or rebuilding shall be in full compliance with all laws and regulations and government ordinances applicable thereto. The insurance proceeds shall be paid to the Lessor, and such proceeds will be used for the repair or restoration. Any cost of repairs or restoration in excess of the insurance proceeds shall be borne by the Lessee. Any insurance proceeds in excess of the cost of repairs or restoration shall belong to the Lessee. During the period of such damage or destruction, whether in whole or in part, the monthly guaranteed rent shall abate for no more than 120 days or until commencement of business, after receipt of all building permits, whichever is sooner. Lessor shall not withhold unreasonably building permits Lessee applies for and are necessary to repair such damage or destruction. If the demised premises shall be destroyed or so damaged as to render it practically useless during the term of this agreement, then and in that event, the Lessee may terminate this agreement as of the date of such damage with thirty (30) days written notice to the Lessor. In the event of such termination, the insurance proceeds provided for under this agreement shall be paid to the Lessor. In the event of such destruction, and except as otherwise specifically provided under this agreement, both parties waive any and all rights of recovery against each other for any direct or indirect loss occurring to the demised premises. In the event of major renovation to the Marina or demolition and subsequent construction of a new Marina that causes the legal termination of this Lease, the Lessee may be provided, at the Lessor’s discretion, the first opportunity to bid for similar space, provided that space for Lessee's type of business is available in the renovated or new Marina. 15. Lessor, at its option, may exercise any one of the remedies provided in subsection (f) of this section, except as otherwise provided herein, upon the happening of any one or more of the following events (Events of Default): a. Lessee’s default in the payment of any rental or other sums due for a period of five (5) days after the due date or written notification of sums due; b. There shall be filed by or against Lessee in any event pursuant to any statute either of the United States or of any state, a petition in bankruptcy or Attachment number 3 \nPage 9 of 21 Item # 18 Marina Cantina, LLC Lease 10 insolvency or for reorganization or arrangement, or for the appointment of a receiver or trustee of all or a portion of Lessee’s property, or if the Lessee makes an assignment by operation of law, or if execution, seizure, or attachment occurs to the demised premises for a period of 120 days. Failure to remove the levy, seizure or attachment within the 120-day period shall actuate the default provided by this paragraph and the bond posted shall be forfeited. c. Lessee’s vacating or abandoning the Premises; d. Lessee’s understating gross sales by more than three (3%) percent in sales reports given to Lessor. An error occurring by reason of computer malfunction, typing, or other similar clerical error shall not be considered a default within the meaning of this paragraph. e. Or due to any other occurrence, or lack thereof, constituting an Event of Default, as provided elsewhere in this Lease. f. Lessor, at its option, may exercise any one or more of the following remedies, which shall be cumulative. (1) Terminate Lessee’s right to possession under this agreement and reenter and take possession of the Premises, reletting or attempt to relet shall only involve a prospective tenant capable of providing comparable or better type services, at such rent and under such terms and conditions as Lessor may deem best under the circumstances for the purpose of reducing Lessee’s liability, and Lessor shall not be deemed to have thereby accepted a surrender of the Premises, and Lessee shall remain liable for all rents and additional rents due under this agreement and for all damages suffered by Lessor because of Lessee’s breach of any of the covenants of this agreement. Said damages shall include, but not be limited to, charges for removal and storage of Lessee’s property, remodeling and repairs, leasing, commissions and legal fees, and loss of prospective percentage rentals by Lessor. Said prospective percentage rents shall be calculated on the basis of Lessee’s gross sales for the immediately preceding twelve (12) month period or for the period, adjusted on an annualized basis, commencing with the first day of this agreement if Attachment number 3 \nPage 10 of 21 Item # 18 Marina Cantina, LLC Lease 11 this agreement has not been in effect for twelve (12) months. In addition to its remedies hereunder, Lessor may accelerate all fixed rentals due for the present term under this agreement, in which event the Lessee shall be liable for all past due rent, accelerated rent and damages as described above; however with respect to the accelerated rent, Lessor shall receive only the present value of such accelerated rent. At any time during repossession and reletting pursuant to this subsection, Lessor may, by delivering written notice to Lessee, elect to exercise its option under the following subsection to accept a surrender of the Premises, terminate and cancel this lease, and retake possession and occupancy of the Premises on behalf of Lessor. (2) Declare this agreement to be terminated, whereupon the term hereby granted and all right, title and interest of Lessee in the Premises shall end and Lessor may re-enter upon and take possession of the Premises. Such termination shall be without prejudice to Lessor’s right to collect from Lessee any rental or additional rental which has accrued prior to such termination together with all damages, including, but not limited to the loss of prospective percentage rentals suffered by Lessor because of Lessee’s breach of any covenant under this agreement. (3) Exercise any and all rights and privileges that Lessor may have under the laws of the State of Florida and/or the United States of America. 16. This lease is predicated upon two main conditions that directly benefit the Lessor. First, Lessee shall underwrite the total direct and incidental cost of relocating the Marina Operations/Department offices from its current location on the 2nd floor of the Premises to the 1st floor. Second, Lessee endeavors to invest, as specifically detailed in “Exhibit E,” and such investment will include capital improvements that will modernize and enhance the marina building, inside and out, so that the marina building’s architectural theme is brought back to a more vintage appearance, similar to when the marina building was first constructed, and so that portions of the internal infrastructure of the marina building are restored. It is estimated that this investment will cost the Lessee $2.5 million dollars, with a permissible deviation of fifteen (15%) percent, Attachment number 3 \nPage 11 of 21 Item # 18 Marina Cantina, LLC Lease 12 whichever is the lesser amount after the investment has been made, as such, Lessor has agreed to amortize the cost of such investment by reducing the rental rate below the current market rate for commercial space in the marina for the first twelve (12) years of this lease, if exercised, as detailed in paragraphs 4(b) – (e)(i) above. These conditions must be accomplished to the sole satisfaction of the Lessor; otherwise, Lessee’s failure to do so shall constitute an Event of Default. Lessee understands that it will not be reimbursed for such investment, except as provided in paragraph one (1) of this agreement. Lessee shall secure prior written approval from Lessor for modifications or remodeling of existing facilities or for the construction of any new facilities, such approval not to be unreasonably withheld. The terms remodeling or modifications as used herein shall include only those events requiring the issuance of a building permit. It is agreed that the existing improvements, together with any improvements constructed by Lessee during the term of this agreement on the demised premises, shall become the property of the Lessor upon the expiration of termination of this agreement; provided, however, that said reference to improvements herein contemplates improvements to the real estate which become a part of the land as distinguished from personal property utilized by the Lessee. Lessee acknowledges that all proposed capital improvements are subject to local and federal regulation and approval. The Lessor will not reimburse Lessee for rent paid to maintain the leasehold, in the event that any of the capital improvements are not approved or completed. Lessee covenants to complete all contemplated investment, as detailed in Exhibit E, as expeditiously as possible and have the restaurant open soon thereafter or within three (3) years, whichever is shorter. Otherwise, this shall constitute an Event of Default. 17. Lessee shall, at his expense, at all times during the terms of this agreement keep the Premises and all improvements and facilities thereon in good order, condition, and repair. It is specifically understood by Lessee that the Lessor has the right to inspect the Premises and improvements at any time to ensure that the Premises and improvements are indeed in good order, condition, and repair. Upon the termination or expiration of this agreement, Lessee shall repair any and all damages to the Premises caused by the removal by Lessee of personal property. Attachment number 3 \nPage 12 of 21 Item # 18 Marina Cantina, LLC Lease 13 18. Upon the termination or expiration of the agreement for whatever cause, the Lessee shall have the privilege at his own expense of removing its equipment, signs, insignia, and other indicia of its tenancy or use. All improvements and fixtures remain the property of the Lessor and shall not be removed by the Lessee. 19. Lessee agrees to indemnify and save harmless the Lessor by reason of any mechanic’s lien which may be asserted as a claim against the property, and to furnish Lessor a good and sufficient bond signed by a reputable bonding company doing business in Florida, which bond shall be in an amount equal to one hundred 100 percent (100%) of the cost of construction of the contemplated improvements to the demised premises. This bond shall be obtained prior to any work being conducted at the Marina. 20. The Lessee hereby covenants and agrees to promptly and continuously comply with all regulations and orders of the Florida Department of Business and Professional Regulation and officers of the local, state, and national governments; and Lessee hereby covenants and agrees to keep, operate, and maintain the restaurant in such a manner as to avoid any warnings, violations or notices to show cause being issued by any regulatory agency authorized to inspect the Premises under Florida Statute 509 as it presently exists or as it may be amended. In addition, Lessee agrees to forward to Lessor a copy of each inspection report issued in accordance with Florida Statute 509 as it presently exists or as it may be amended within five (5) days of receiving any such reports. 21. Lessor covenants and agrees that upon payment by Lessee of the rents herein provided, and upon observance and performance by Lessee of all the covenants, terms, and conditions required of the Lessee by the agreement, Lessee shall peaceably and quietly hold and enjoy the Premises for the term of the agreement without hindrance or interruption by Lessor. 22. Notices hereunder shall be given only by certified mail and shall, unless otherwise expressly provided, be deemed given when the letter if deposited in the mail, postage prepaid, addressed to the party for who intended at such party’s address first herein specified or to such other address as may be substituted therefore by proper notice hereunder. Notice to be provided to Lessor and Lessee as stated below: Attachment number 3 \nPage 13 of 21 Item # 18 Marina Cantina, LLC Lease 14 As to Lessor: City Attorney’s Office City of Clearwater Post Office Box 4748 Clearwater, Florida 33758-4748 As to Lessee: Marina Cantina, LLC Brian J. Aungst, Jr. c/o Frank Chivas Macfarlane, Ferguson & McMullen, P.A. 18395 Gulf Blvd., Suite 204 625 Court St., Suite 200 Indian Shores, FL 33785 Clearwater, FL 33556 23. No sign of any type will be posted, erected, hung or otherwise placed in view of the general public so as to advertise any product or identify the restaurant unless permitted by the City of Clearwater Code of Ordinances, as they now exist or as they may be amended, and unless authorized and approved by the City. The Lessee, at its own cost, may place only window, wall or canopy signs on the demised premises, provided said signs are approved as to color, style and letter size by the Harbormaster of the Lessor, and additionally conform to the sign ordinance of Lessor presently in force or as may be amended from time to time during the term of the lease. No other signs shall be placed or maintained by the Lessee on the premises. Any nonconforming sign now on the premises shall be removed by the Lessee within 30 days of approval of the lease. The Lessee shall, upon expiration or termination of the lease, completely remove any and all signs that have been placed on the leased premises by the Lessee. 24. Lessee shall not advertise any business not operated at, on, or from the Premises without the prior written consent of the City. 25. In the event that either party retains an attorney to enforce any of the provisions of this agreement or renewals of or addenda to this agreement, or to effect the enforcement of any legal right hereunder, the prevailing party shall be paid by the other for all costs of said enforcement reasonably incurred, including court costs and reasonable attorney’s fees. Attachment number 3 \nPage 14 of 21 Item # 18 Marina Cantina, LLC Lease 15 IN WITNESS WHEREOF, this agreement is executed as of the date first above written. Countersigned: CITY OF CLEARWATER, FLORIDA _______________________________ By__________________________________ George N. Cretekos, Mayor William Horne, City Manager Approved as to form: Attest: ______________________________ _____________________________________ Camilo Soto, Assistant City Attorney Rosemarie Call, City Clerk Marina Cantina, LLC By:________________________________ Print:_______________________________ Its: President By:__________________________________ Print:________________________________ Personal Guarantor for Lessee Attachment number 3 \nPage 15 of 21 Item # 18 Marina Cantina, LLC Lease 16 Exhibit "A" Legal Description of Premises: Those certain portions of the first floor of the Clearwater Beach Marina Building depicted in Exhibit “D” attached hereto and by this reference made a part hereof, containing 1,300 square feet on the easternmost portion of the building, more or less, and 1,524 square feet of the westernmost portion of the building, more or less, of interior floor area, measured to the unfinished interior surfaces of its perimeter walls; and the entire second floor containing 6,088 square feet, more or less, measured to the unfinished interior surfaces of its perimeter walls together with outdoor patio areas totaling 5,522 square feet, more or less, measured to the exterior surfaces of the second floor perimeter walls and the interior surfaces of the perimeter railings; and the entire third floor containing 373 square feet, more or less, measured to the unfinished interior surfaces of its perimeter walls together with outdoor patio areas totaling 5,715 square feet, more or less, measured to the exterior surfaces of the third floor perimeter walls and the interior surfaces of the perimeter railings, all together being a portion of: Lots 11 and 12, City Park Sub according to the map or plat thereof as recorded in Plat Book 23, Page 37, of the public Records of Pinellas County, Florida. Attachment number 3 \nPage 16 of 21 Item # 18 Marina Cantina, LLC Lease 17 Exhibit “B” 1. Liability Insurance. Lessee shall maintain: a. Comprehensive General Liability Insurance to include premises/operator liability and electrical liability in an amount $1,000,000 combined single limit Bodily Injury Liability and Property Damage Liability. b. Coverage for liability resulting from the dispensing of alcoholic beverages in an amount not less than $500,000. c. Worker’s Compensation Insurance applicable to its employees for statutory coverage limits in compliance with Florida laws. 2. Additional Insurance. The City is to be specifically included as an additional insured on all liability coverage described above. 3. Notice of Cancellation or Restriction - All policies of insurance must be endorsed to provide the City with thirty (30) days notice of cancellation or restriction. 4. Certified Copies of Policies/Certificate of Insurance. Upon specific written request of the City, the Lessee shall provide the Lessor with certified copies of all policies of insurance as required above. In the absence of a specific written request, the Lessee shall provide the Lessor with Certificates of Insurance showing the Lessee has, at all times, the insurance coverage required by the Lease. Unless notice is given to Lessee otherwise, such Certificates of insurance shall be provided to the Marine & Aviation Director. The first Certificate of Insurance required by the lease shall be provided to the Marine & Aviation Director before occupancy of the demised promises by the Lessee. Attachment number 3 \nPage 17 of 21 Item # 18 Marina Cantina, LLC Lease 18 Exhibit “C” GUARANTY OF PAYMENT OF RENT UNDER LEASE AGREEMENT Guaranty is made this ____ day of _________, 201__, by Frank Chivas, individually, City of Clearwater, County of Pinellas, State of Florida, herein referred to as “Guarantor(s)” on behalf of the Lessee, _______________________, d/b/a _______________, herein referred to as “Obligor,” to the CITY OF CLEARWATER, C/O CITY ATTORNEY, P.O. BOX 4748, CLEARWATER, FLORIDA 33758, herein referred to as “Obligee.” RECITALS 1. Obligor has leased the Premises that is the subject of this lease from Obligee, and Guarantor, whose business address is 25 Causeway Blvd., City of Clearwater, County of Pinellas, State of Florida, has a personal and individual interest in utilizing the Premises for conducting business—a restaurant; 2. The lease is conditioned upon Guarantor providing security for payment of rent hereunder in the form of a personal guaranty on behalf of the Lessee. SECTION ONE STATEMENT OF GUARANTY Guarantors guarantee payment of rent under the attached lease agreement pursuant to the terms thereof. If obligor defaults in the payment of any installment of rent, guarantors shall pay the amount of such installment within 30 days after receipt of notice of default and demand for payment. Guarantor’s liability hereunder shall not be affected by reason of any extension of time for payment of any installment granted by Attachment number 3 \nPage 18 of 21 Item # 18 Marina Cantina, LLC Lease 19 obligee to obligor. SECTION TWO DURATION This guaranty shall not be revoked during the five year term of the lease, or any subsequent extension thereof. Thereafter, if the lease is renewed, this guaranty shall remain in force until receipt by obligee of written notice of revocation from guarantors, or until terminated pursuant to Section three hereof. SECTION THREE LIMITATION OF LIABILITY The maximum amount recoverable by obligee from guarantors pursuant to this guarantee is the total amount of rent due and owed the obligee for the present term. If the aggregate of payments made by guarantors hereunder reaches the above- mentioned amount, this guaranty shall terminate immediately. Frank Chivas will not be personally liable for any accelerated rental payments in the event Lessor exercises its right to accelerate rental payments pursuant to the default provisions of the lease. SECTION FOUR WAIVER NOTICE OF ACCEPTANCE Notice of acceptance of this guaranty is expressly waived. IN WITNESS WHEREOF, guarantors have executed this guaranty at Clearwater Municipal Marina the day and year above written. Attachment number 3 \nPage 19 of 21 Item # 18 Marina Cantina, LLC Lease 20 Guarantor – Frank Chivas, individually, on behalf of Marina Cantina, LLC Attachment number 3 \nPage 20 of 21 Item # 18 Marina Cantina, LLC Lease 21 Attachment number 3 \nPage 21 of 21 Item # 18 City Council Agenda Council Chambers - City Hall Meeting Date:9/6/2012 SUBJECT / RECOMMENDATION: Approve an Interlocal Agreement between the CRA and the City of Clearwater to provide CRA funding in Fiscal Year 2012/2013 in the amount of $149,043.67 to underwrite the cost of additional Community Policing Services by the Clearwater Police Department in the East Gateway CRA District, pursuant to the East Gateway Five-Year Action Program and authorize the appropriate officials to execute same. (consent) SUMMARY: The CRA approved the East Gateway District Five–Year Action Program on May 13, 2008. The Action Program responded to public input on the issues of drug dealing, prostitution and street crime by including an action item for increased police presence and crime reduction within the East Gateway District. An allowable funding source of this action item is the use of CRA Tax Increment Financing (TIF) funds. Florida Statues allows for the use of TIF funds for community policing innovations in Community Redevelopment Areas. The CRA and Clearwater Police Department have reached an agreement on a proposed scope of services and terms as delineated in the Interlocal Agreement. Included in the scope is the delineation of specific, measurable crime reduction targets by which to monitor the success of the initiative as well as providing clear language required by statute assuring that the resources are applied to the CRA/East Gateway area. Funding will be from the CRA East Gateway Project account (388-94849). Appropriation CodeAmountAppropriation Comment 388-94849 $149,043.67 Review Approval: Cover Memo Item # 19 8/20/2012-11:01 AM 1 Officer2 Officers Step 4Step 4 Base Salary52,767.78 105,535.56 Pension (24.7%)13,033.64 26,067.28 Social Security (1.45%)765.13 1,530.27 Major Medical (employee only)5,472.36 10,944.72 Life Insurance10.00 20.00 Workers Compensation1,590.92 3,181.84 73,639.83 147,279.67 Fuel 1,764.00 Police Department - CRA Funded Officers For FY 2012/13 EXHIBIT "A" Position Enhancement Fact Sheet TOTAL149,043.67 Attachment number 1 \nPage 1 of 1 Item # 19 INTERLOCAL AGREEMENT This Interlocal Agreement is made and entered into this ________ day of _____________, 2012 by and between the Community Redevelopment Agency of the City of Clearwater, Florida (CRA), a redevelopment agency established pursuant to law, and the City of Clearwater (CITY), a municipal corporation of the State of Florida. WHEREAS, this Agreement is made and entered between the parties pursuant to Section 163.01, Florida Statutes, the “Florida Interlocal Cooperation Act of 1969”; and WHEREAS, Section 163.361(1) of the Florida Statutes allows for the use of Tax Increment Funding (TIF) funds for community policing innovations in Community Redevelopment Areas; and WHEREAS, the CRA has established the East Gateway Five-Year Action Program, which includes the element to "provide a more visible community policing presence within the East Gateway neighborhood"; and WHEREAS, the CRA has ascertained that the East Gateway area continues to experience a critical need for an enhanced community policing presence in order to specifically reduce drug dealing, prostitution and street crimes in the target area, and address quality of life issues; and WHEREAS, the CRA and the CITY entered into an Interlocal Agreement during the Fiscal Year 2008/2009 in order to provide for the CRA's financial contribution to an additional community policing presence by the CITY in the East Gateway area above and beyond the current activity levels; and WHEREAS, the CRA has funded two police officers for Fiscal Year 2011/2012 and wants to continue the use of TIF funds to fund the program; and WHEREAS, the CRA and the CITY want to enter into another Interlocal Agreement during the Fiscal Year 2012/2013, outlining the scope of services and responsibilities of the parties. NOW THEREFORE, in consideration of the covenants made by each party to the other and of the mutual advantages to be realized by the parties hereto, the CRA and the CITY agree as follows: Section 1. Term. The term of this Interlocal Agreement will be October 1, 2012 through September 30, 2013. Attachment number 2 \nPage 1 of 6 Item # 19 2 Section 2. Intent. It is the intent of the parties that the TIF funds paid to the CITY by the CRA pursuant to Section 163.361(1), Florida Statutes, be used to provide a more visible community policing presence within the East Gateway neighborhood. Section 3. Responsibilities of the CRA Function: Provide TIF funding in the total amount of $149,043.67 the contract year, said funds to be utilized by the Clearwater Police Department (CPD) to provide the community policing presence, to be allocated in the following manner: A. $147,279.67 to pay for the salaries, and benefits for two (2) police officers for the contract year. Exhibit "A," Position Enhancement Fact Sheet, attached hereto and incorporated by reference, contains detailed specifications on salary and benefits. B. $1,764.00 the estimated fuel cost for the contract year for a police vehicle used by the two (2) police officers within the East Gateway District. Section 4. Responsibilities of the CITY Scope of Duties. The services that the CITY will provide will be carried out by the Clearwater Police Department (CPD). These services are: A) Implementation of a Law Enforcement Strategy in the East Gateway area as follows: Goal 1: Reduce drug dealing, prostitution, and street crimes. Objective 1: Eliminate drug dealing and criminal activity conducted by career criminals in the targeted area. Tasks: a) Identify the drug dealers and gang members in the area; b) Gather intelligence information through proactive law enforcement techniques, utilizing undercover techniques, and surveillance equipment; and c) Develop confidential informants to assist in furthering criminal investigations and prosecution of repeat criminal offenders. Attachment number 2 \nPage 2 of 6 Item # 19 3 Outcome Measures: a) Develop two (2) confidential informants in the target area; b) File criminal charges against 100% of identified drug dealers in the target area; and c) Complete FIR’s/Reports on 100% of suspected gang members in the target area; Objective 2: Reduce incidence of prostitution and solicitations by "Johns" in the target area. Tasks: a) Conduct reverse prostitution operations in the East Gateway District utilizing police officers as decoys; b) Utilize directed patrol to discourage prostitutes and "Johns" from frequenting the area; and c) Seek prosecution enhancements for repeat offenders that commit prostitution and solicitation offenses when applicable. Outcome measures: a) Conduct minimum of three (3) prostitution reverse operations annually in the East Gateway District. Goal 2: Address homeless issues in the East Gateway District. Objective 1: Participate in the city’s homeless initiative. Tasks: a) Utilize directed patrol in areas known to be frequented by homeless individuals; b) Enforce statutes and ordinances against public drinking, public urination, loitering or prowling, etc.; c) Utilize and expand the “no trespass” affidavit program when authorized to address public safety interests in the target area; and d) Participate in activities/programs related to homelessness, as appropriate. Outcome measures: a) 100% of reported or observed violations of criminal law or ordinances will result in arrest, report, citation, warning, or referral to the appropriate social services agency; and b) 100% of observed or reported trespass violations will result in trespass warnings, or arrest when authorized by Florida State Statute within the East Gateway area. Attachment number 2 \nPage 3 of 6 Item # 19 4 Goal 3: Improve safety and security of residents and businesses in the East Gateway by implementing strategies identified in the East Gateway Five-Year Action Program. Objective 1: Enhance code enforcement activities. Tasks: a) Coordinate with the CRA and the City's Code Compliance Department to enhance code enforcement in the target area relative to properties that are in disrepair and negatively impact the quality of life in the East Gateway; b) Identify negative environmental factors to discourage criminal behavior. Outcome Measures: a) Conduct regular inspections of properties that are in disrepair and negatively impact the quality of life in the East Gateway, on a schedule as agreed upon the CRA, Code Enforcement Inspector, and CPD; and b) Identify and report to the CRA negative environmental factors (need for improved street lightning, vacant buildings, etc). B) In order to carry out the Law Enforcement Strategy above, the CPD will provide the following: 1. Two (2) fully-equipped police officers to provide law enforcement services to the target area defined as the East Gateway for a minimum of 40 hours per week. 2. Specific duties, activities, and responsibilities: a) The officers will be assigned to a Community Policing Team with geographical responsibility for the East Gateway District only; b) The Team assignment will always ensure coverage by two (2) officers; c) Schedules of the officers will vary based on the determination of the CRA and Police management to best serve the residents and business owners in the East Gateway area. CRA shall be notified of significant changes of officers’ schedules; d) Officers will patrol by both vehicles and bicycles; e) A report of police activities and statistical information will be provided to the CRA on a monthly and yearly basis; and f) The officers selected will be experienced, current members of the CPD. 3. An existing, fully-equipped Police Car. Attachment number 2 \nPage 4 of 6 Item # 19 5 C) All CRA funds pursuant to this agreement will be kept in the CPD's departmental account. D) No charges to the CRA account will be made for activities or hours worked by the two (2) officers outside the CRA area or for equipment used outside the CRA area. E) Other administrative duties as mutually agreed. Section 5. Notice. Sixty (60) days notice by either party to the other pursuant to the Interlocal Agreement shall be given in writing and hand-delivered or mailed as follows: Chairperson, Board of Trustees Community Redevelopment Agency 112 South Osceola Avenue Clearwater, Florida 33756 City of Clearwater Attn: Rod Irwin, Asst City Mgr. for Econ. Development 112 South Osceola Avenue Clearwater, Florida 33756 Telephone: (727) 562-4040 Section 6. Entire Agreement. This document embodies the whole Agreement of the parties. There are no promises, terms, conditions or allegations other than those contained herein. This Agreement shall be binding on the parties, their successors, assigns and legal representatives. Section 7. Indemnification. The CRA and the CITY agree to be fully responsible for their own acts of negligence, or their respective agents’ acts of negligence when acting within the scope of their employment, and agree to be liable for any damages resulting from said negligence only to the extent permitted by Section 768.28, Florida Statutes. Nothing herein is intended to nor shall it be construed as a waiver of any immunity from or limitation from liability that the CRA and the CITY are entitled to under the doctrine of sovereign immunity (Section 768.28, Florida Statutes). Nothing herein shall be construed as consent by the CRA or the CITY to be sued by third parties in any manner arising out of this Agreement. Section 8. Maintenance of Effort. The expenditures authorized by this Agreement are solely and exclusively to increase community policing activity and resources. The City agrees that no diminishment of existing police efforts in the East Gateway will occur as a result of this agreement. Attachment number 2 \nPage 5 of 6 Item # 19 6 Section 9. Filing Effective Date. As required by Section 163.01(11), Florida Statutes, the Interlocal Agreement shall be filed with the Clerk of the Circuit Court of Pinellas County after execution by the parties, and shall take effect upon the date of filing. IN WITNESS WHEREOF, the parties hereto, or their law representatives, have executed this agreement as the date first above written. COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF CLEARWATER, FLORIDA By: ______________________________ George N. Cretekos, Chairperson Approved as to form: Attest: ____________________________ _______________________________ Pamela K. Akin Rosemarie Call City Attorney City Clerk Countersigned: CITY OF CLEARWATER, FLORIDA ___________________________ By: _____________________________ George N. Cretekos William B. Horne II Mayor City Manager Approved as to form: Attest: ____________________________ _______________________________ Robert J. Surette Rosemarie Call Assistant City Attorney City Clerk Attachment number 2 \nPage 6 of 6 Item # 19 City Council Agenda Council Chambers - City Hall Meeting Date:9/6/2012 SUBJECT / RECOMMENDATION: Approve the First Amendment to Contract for Purchase of Real Property by the City of Clearwater for the purchase of real property located at 409 Cleveland Street, Clearwater, from Ruth Eckerd Hall, Inc., amending provisions requiring delivery of the property without tenants, waiving said requirement, and allowing for delivery of the property with the current tenant in possession only, the Blue Dahlia Marketplace, LLC; and authorize the appropriate officials to execute same, together with all other instruments required to affect closing. (consent) SUMMARY: The purchase contract between the City and Ruth Eckerd Hall requires the Hall to deliver the 409 Cleveland Street building to the City without any tenants. The building is currently occupied by Blue Dahlia Marketplace, a quality retail boutique that has been a part of the City and CRA redevelopment and retail repopulation effort in the Cleveland Street District. As a result of the need to acquire and incorporate the premises into the Capital Theatre renovation project, the City could lose this important retail pioneer from the District. The CRA is working with Blue Dahlia Marketplace, to provide a retail relocation assistance grant and incorporate the boutique into the 410 -412Cleveland Street property. However, the time requirement for the build out will exceed the closing date anticipated for the 409 Cleveland Street parcel, requiring a closure of the business. The First Amendment to the Contract for Purchase would allow the City to take possession with the current tenant in Place and provide the time for orderly consideration of relocation assistance and, if approved, build out of the 410-412 Cleveland Street space, to allow retention of this retail establishment in the Cleveland Street District. Since the tenant is currently on a month-to-month lease, said lease will terminate upon change of ownership. The City Manager will subsequently issue a license agreement to allow continued occupancy. Staff recommends approval of the Amendment. Review Approval: Cover Memo Item # 20 1 of 3 FIRST AMENDMENT TO CONTRACT FOR PURCHASE OF REAL PROPERTY BY THE CITY OF CLEARWATER, FLORIDA This AMENDMENT to that certain CONTRACT FOR PURCHASE OF REAL PROPERTY BY THE CITY OF CLEARWATER (“Agreement”), is made and entered into this _____ day of September, 2012, by and between RUTH ECKERD HALL, INC., a Florida Non Profit corporation, having its principal place of business at 1111 North McMullen Booth Road, Clearwater, Florida, (herein “Seller” or “REH”) and the CITY OF CLEARWATER, FLORIDA, a Florida municipality, 112 South Osceola Avenue, Clearwater, Florida 33756 (herein "Buyer" or "City"), (collectively "Parties"). WITNESSETH: WHEREAS, the Parties have heretofore entered into the Agreement for the sale and purchase of real property commonly known as 409 Cleveland Street, as more particularly described in Exhibit “A” attached hereto and incorporated herein (“Property”); and WHEREAS, paragraphs 14 and 15 of the Agreement require Seller to deliver possession of the Property at closing without any tenants, or closing shall be delayed until such time as tenant has been removed from the premises, but in no event later than December 31, 2012 or the Agreement shall be null and void in all respects; and WHEREAS, Buyer now wishes to waive the requirement of removal of the current tenant; and NOW THEREFORE, in consideration of the foregoing and the mutual covenants contained hereinafter, IT IS AGREED AS FOLLOWS: 1. RECITALS. The foregoing recitals are true and correct and are incorporated herein by reference. 2. OCCUPANCY. Paragraph 14 is hereby amended and restated in its entirety as follows. The Seller may deliver possession at closing with the tenant that is in possession of the Property as of the date of this Amendment, the Blue Dahlia Marketplace, LLC only and no others. In support of economic development, and for the purpose of cooperating to relocate the tenant to another storefront in the City’s downtown core, Buyer agrees to waive the requirement to remove said tenant. Other than said tenant, Seller shall deliver possession at closing without any tenants. 3. LEASES. Paragraph 15 is hereby amended and restated in its entirety as follows. Seller shall, not less than 15 days after the date of this Amendment, furnish to Buyer copies of all written leases and estoppel letters from each tenant specifying the nature and duration of the tenant’s occupancy, rental rates, advanced rent and security deposits paid by tenant. If Seller is unable to obtain such letter from each tenant, the same information shall be furnished by Seller to Buyer within the time period in the form of Seller’s affidavit, and Buyer may thereafter contact tenants to confirm Attachment number 1 \nPage 1 of 3 Item # 20 2 such information. Seller shall, at closing, deliver and assign all original leases to Buyer and credit Buyer with all advanced rents and security deposits paid by or on behalf of each tenant. Notwithstanding the provisions above, the Seller shall deliver possession at closing without any tenant(s) excepting the tenant specifically provided for in paragraph 14 herein. If any tenant other than the Blue Dahlia Marketplace, LLC is in possession of the property, closing shall be delayed until Seller has the tenant removed from the premises, but in no event later than December 31, 2012 or this contract shall be null and void in all respects. 4. All terms and conditions of the Agreement shall remain in full force and effect unless expressly amended herein. EXECUTED this _______ day of ________________________, 2012 by Seller. RUTH ECKERD HALL, INC. By: _________________________________ Print Name:___________________________ Title:_________________________________ Attest: By: _______________________________ Print Name:_________________________ APPROVED BY BUYER & EFFECTIVE this _______ day of __________________________, 2012. CITY OF CLEARWATER, FLORIDA Countersigned: ___________________________________ By: __________________________________ George N. Cretekos William B. Horne, II Mayor-Councilmember City Manager Approved as to form: Attest: ___________________________________ __________________________________ Laura Lipowski Mahony Rosemarie Call Assistant City Attorney City Clerk Attachment number 1 \nPage 2 of 3 Item # 20 3 EXHIBIT “A” DAVEY'S, JOHN R. RESUB BLK B, PT OF E 19.75FT OF LOT 6 DESC FROM NE COR OF LOT 6 TH W 5.68FT FOR POB TH S'LY TO PNT 8.67FT W OF SE LOT COR TH W 11.09FT TO SW COR OF E 19.75FT OF LOT 6 TH N TO NW COR OF E 19.75FT OF LOT 6 TH E 14.07FT ALG N LOT LINE TO POB Attachment number 1 \nPage 3 of 3 Item # 20 City Council Agenda Council Chambers - City Hall Meeting Date:9/6/2012 SUBJECT / RECOMMENDATION: Authorize settlement of Chestine v. City of Clearwater, Case 11-00114-CI-015, for payment by City of $50,000.00 in exchange for a full release from plaintiff and dismissal of action with prejudice. (consent) SUMMARY: This case arises from an incident that occurred on April 3, 2010, at 1310 N. Martin Luther King Jr. Ave., Clearwater, Florida. Marque Chestine was riding a bicycle when he was struck by a Clearwater Police vehicle. The accident allegedly resulted Mr. Chestine suffering several herniated disc and aggravating a pre-existing knee injury. Plaintiff has incurred approximately $15,000.00 in medical bills to date and is expected to incur future medical expenses of approximately $200,000.00. The settlement agreement would provide that the City would pay Marque Chestine the sum of $50,000.00 in exchange for full release and dismissal of the case with prejudice. Type:Operating Expenditure Current Year Budget?:YesBudget Adjustment:None Budget Adjustment Comments: Current Year Cost:$50,000.00Annual Operating Cost: Not to Exceed:Total Cost: For Fiscal Year:10/01/2011 to 09/30/2012 Appropriation CodeAmountAppropriation Comment 59007000545900519000 $50,000.00 Review Approval: Cover Memo Item # 21 City Council Agenda Council Chambers - City Hall Meeting Date:9/6/2012 SUBJECT / RECOMMENDATION: Authorize settlement of Szmyglewski v. City of Clearwater, Case 11-004981-CI-007, for payment by City of $50,000.00 in exchange for a full releases from plaintiff and dismissal of action with prejudice. (consent) SUMMARY: This case arises from an incident that occurred on June 6, 2010, at the intersection of Drew Street and Belcher Road, Clearwater, Florida, in which a City employee operating a City vehicle collided with a vehicle in which Rafal Szmyglewski was a passenger. The plaintiff allegedly received injuries, including several herniated disc, and subsequently undergoing surgery as a result. Plaintiff has incurred nearly $100,000.00 in medical bills to date and is expected to incur future medical expenses of approximately $25,000.00. The settlement agreement would provide that the City would pay Rafal Szmyglewski the sum of $50,000.00 in exchange for full release and dismissal of the case with prejudice. Type:Operating Expenditure Current Year Budget?:YesBudget Adjustment:None Budget Adjustment Comments: Current Year Cost:$50,000.00Annual Operating Cost: Not to Exceed:Total Cost: For Fiscal Year:10/01/2011 to 09/30/2012 Appropriation CodeAmountAppropriation Comment 590-07000-545-900-519-000 $50,000.00 Review Approval: Cover Memo Item # 22 City Council Agenda Council Chambers - City Hall Meeting Date:9/6/2012 SUBJECT / RECOMMENDATION: Approve the request to change the name of First Avenue North, a right-of-way under the jurisdiction of the City of Clearwater, to Dimmitt Drive; and adopt Resolution 12-13. SUMMARY: Owners of Dimmitt Chevrolet and Cadillac have submitted a request to the City to change the name of First Avenue North to Dimmitt Drive. The subject street extends from its western terminus at US Highway 19 North to its eastern terminus at Chautauqua Avenue for a total length of approximately 546 feet. Lawrence Dimmitt, III and LHD Properties, Ltd. own all property fronting both the north and south sides of First Avenue North; both owners are associated with the Dimmitt dealership operations. Pinellas County and the local Postmaster of the United States Postal Service have each submitted a letter of no objection to the request. The Engineering Department conducted an interdepartmental review of the request. Representatives of all City departments, potentially affected by the vacation, have no objection to the request. Review Approval: Cover Memo Item # 23 Resolution No. 12- 13 RESOLUTION NO. 12-13 A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA, PURSUANT TO SEC. 28.02, CLEARWATER CODE OF ORDINANCES, CHANGING THE NAME OF FIRST AVENUE NORTH LYING EAST OF US HIGHWAY 19, WEST OF CHAUTAUQUA AVENUE AND WITHIN THE CITY LIMITS OF CLEARWATER, TO “DIMMITT DRIVE;” PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Clearwater received a petition from a local business owner, who owns all real property with frontage along First Avenue North, requesting the street name change; and WHEREAS, the City of Clearwater, pursuant to Sec. 28.02 Clearwater City Code of Ordinances wishes to change the name of First Avenue North lying east of US Highway 19 North, west of Chautauqua Avenue and within the City limits of Clearwater, to “Dimmitt Drive;” now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. First Avenue North, lying east of US Highway 19 North, west of Chautauqua Avenue and within the City Limits of Clearwater, as shown on the attached Exhibit “A”, is hereby named “Dimmitt Drive” Section 2. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this _______ day of _____________, 2012. ____________________________ George N. Cretekos Mayor Approved as to form: Attest: __________________________ _____________________________ Camilo Soto Rosemarie Call Assistant City Attorney City Clerk Attachment number 1 \nPage 1 of 2 Item # 23 RD Dr AVEFOURTHN RDENTERPRISE CT S DR CT N AVE F I R ST ST R E E T AVESECOND N N S SHORE L A K E CH A U TA U Q U A FIRST AVE AV E THIRD FOURTH THIRD AVE S AVE S McCORMICK AVE E DO G W O O D Hi c k o r y Ho ll y h o c k Bri a r w o o d E F O X HE A D P H E A S A N T Chelsea Pl N Chelsea Pl S Chautauqua WAY Chelsea Dr CAMDEN ST CA M D E N RD SO U L E RD Lake DR G lo ri a C t N SECOND E Ln S LakebreezeLn N Lakebreeze Bluewater Sw e e tg r a ss Way C t EXHIBIT A ²Prepared by:Engineering DepartmentGeo graphic Technology Division100 S. Myrtle Ave, Clearwater, FL 33756Ph: (727)562-4750, Fax: (727)526-4755www.MyClearwater.com CDCL233A32-28-1607/23/2012Map Gen By:Reviewed By:S-T-R:Grid #:Date: U S - 1 9 Resolution 12-13:Street Name ChangeFirst Ave N to Dimmitt Dr 0300600 Feet Attachment number 1 \nPage 2 of 2 Item # 23 RD Dr AVEFOURTH N RDENTERPRISE CT S DR CT N AVE FIR S T ST R E E T AVESECOND N N S SHORE L A K E C H A U TAU QU A FIRST AVE AV E THIRD FOURTH THIRD AVE S AVE S McCORMICK AVE E DOGW O OD Hollyho ck Br iar wood E FOX H E A D P H E A S A N T Chelsea Pl N Chautauqua Chelsea Dr CAMDEN ST C AM D E N RD SO U LE R D Lake DR Gl o ri a C t N SECOND E Ln S LakebreezeLn N Lakebreeze Bluewater Sw ee t g r a s s Way C t LOCATION MAP ²Prepared by:Engineering DepartmentGeo graphic Technology Division100 S. Myrtle Ave, Clearwater, FL 33756Ph: (727)562-4750, Fax: (727)526-4755www.MyClearwater.com CDCLN.T.S.233A32-28-1607/19/2012Map Gen By:Reviewed By:S-T-R:Grid #:Date:Scale: Dimmitt Chevrolet:25485 US HIGHWAY 19 N Legend Dimmitt Chevrolet Parcel U S - 1 9 Attachment number 2 \nPage 1 of 1 Item # 23 Attachment number 3 \nPage 1 of 3 Item # 23 Attachment number 3 \nPage 2 of 3 Item # 23 Attachment number 3 \nPage 3 of 3 Item # 23 City Council Agenda Council Chambers - City Hall Meeting Date:9/6/2012 SUBJECT / RECOMMENDATION: City Manager Verbal Reports SUMMARY: Review Approval: Cover Memo Item # 24