02/19/2013
WORK SESSION AGENDA
Council Chambers - City Hall
2/19/2013 - 9:00 AM
1. Presentations
1.1Service Awards
Attachments
2. Economic Development and Housing
2.1Economic Development Strategic Plan Presentation (WSO)
Attachments
3. Library
3.1Provide direction regarding the expansion and renovation of the Countryside Branch Library or
construction of a new building located on the Countryside Community Park, near the Countryside
Recreation Center. (WSO)
Attachments
4. Parks and Recreation
4.1Approve the Business Lease Contract between the City of Clearwater and Community Dental Clinic, Inc.
for the lease of City-owned property located on the northwest corner of South Martin Luther King Jr.
Avenue and Woodlawn Street and the authorize appropriate officials to execute same. (consent)
Attachments
5. Solid Waste/General Support Services
5.1Amend Purchase Order ST109023 to Duval Ford of Jacksonville, FL to include the purchase of three
additional Ford F-150 Pickup Trucks for a total cost of $144,448.00, in accordance with Sec. 2.56(1)(d) -
Code of Ordinances - Other Governmental Bid; authorize lease purchase under the City's Master Lease
Purchase Agreement for the additional amount of $52,642.00 and authorize the appropriate officials to
execute same. (consent)
Attachments
5.2Approve a Contract (Blanket Purchase Order) to Honeywell International, Inc. - Building Solutions of
Chicago, IL for an amount not to exceed $160,000 for the quarterly Maintenance Fees for the period May
1, 2013 through April 30, 2014, per the contracts dated November 17, 2008 and April 28, 2010 and
authorize the appropriate officials to execute same. (consent)
Attachments
5.3Award a contract (Purchase Order) for $430,753.00 to Duval Ford of Jacksonville, FL for the purchase of
two Ford F-550 chassis with CUES TV Hi-Cube Van, in accordance with Sec. 2.564(1)(d), Code of
Ordinances - Other Governmental bid; authorize lease purchase under the City's Master Lease Purchase
Agreement and authorize the appropriate officials to execute same. (consent)
Attachments
5.4Award a Contract (Purchase Order) for $240,917.00 to Atlantic Truck Center of Pompano Beach, FL for
one M2 Freightliner Chassis with Wayne Gladiator Sweeper, in accordance with Sec. 2.564(1)(d), Code
of Ordinances - Other governmental bid; authorize lease purchase under the City's Master Lease Purchase
Agreement and authorize the appropriate officials to execute same. (consent)
Attachments
6. Engineering
6.1Approve the Cooperative Funding Agreement with the Southwest Florida Water Management District
(SWFWMD), which provides reimbursement of project costs up to $800,000 for the Mandalay Avenue
Stormwater Outfall project (11-0031-EN); award a construction contract to Kamminga and Roodvoets,
Inc. of Tampa, FL, in the amount of $1,343,615.35, and authorize the appropriate officials to execute
same. (consent)
Attachments
7. Planning
7.1Approve a Development Agreement between Clearwater Grande Development, LLC (the property owner)
and the City of Clearwater, providing for the allocation of 60 units for an overnight accommodation from
the Hotel Density Reserve and a building height of 49.5 feet (from base flood elevation) under Beach by
Design. (DVA2012-11001); adopt Resolution 13-01, and authorize the appropriate officials to execute
same.
Attachments
7.2Approve a Development Agreement between Clearwater Grande Development, LLC (the property owner)
and the City of Clearwater, providing for the allocation of 76 units for an overnight accommodation from
the Hotel Density Reserve and a building height of 150 feet (from base flood elevation) under Beach by
Design; adopt Resolution 13-02 and authorize the appropriate to execute same.
Attachments
7.3Approve amendments to the Community Development Code addressing encroachments into setbacks and
rights-of-way, the Comprehensive Sign Program, nonconforming lots and plans review fees; approve an
amendment to the Clearwater Code of Ordinances addressing board attendance and pass Ordinance 8371-
13 on first reading.
Attachments
7.4Continue to March 21, 2013: Approve the Annexation of a portion of the road right-of-way located at the
intersection of Sunset Point Road and Hercules Avenue (consisting of a portion of Section 1, Township 29
South, Range 15 East, abutting real property whose post office address is 1990 Sunset Point Road); and
pass Ordinance 8374-13 on first reading. (ANX2012-12006)
Attachments
8. Official Records and Legislative Services
8.1Appoint an alternate member to the Community Development Board for unexpired term through April 30,
2014.
Attachments
9. Legal
9.1Adopt Ordinance 8322-13 on second reading, amending Chapter 32, Code of Ordinances, relating to the
collection and treatment of wastewater and resources with the potential to be reclaimed.
Attachments
9.2Adopt Ordinance 8375-13 on second reading, vacating a portion of that certain private ingress/egress
easement lying within Lot 5, Renaissance Oaks First Addition as recorded in Plat Book 137, Pages 71 and
72 of the Public Records of Pinellas County, Florida.
Attachments
10. City Manager Verbal Reports
10.1Provisions for EMS services to the Phillies during Spring Training.
Attachments
11. Council Discussion Items
11.1Clearwater 100th Year Celebration - Mayor Cretekos
Attachments
11.2Tallahassee Visit Recap - Councilmember Hock-DiPolito
Attachments
11.3Tree Replacement Fee - Councilmember Bill Jonson
Attachments
12. Closing Comments by Mayor
13. Adjourn
14. Presentation(s) for Council Meeting
14.1Bombers Day Proclamation - Dean Robinson, Chairman of the Clearwater Bombers Reunion Day
Attachments
14.2Outback Bowl Presentation
Attachments
Meeting Date:
2/19/2013
Work Session
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Service Awards
SUMMARY:
5 Years of Service
Anthony Lenning Parks and Recreation
Charlene Auclair Finance
Patrick Pongnon Customer Service
Lisa Turner Library
10 Years of Service
Bennett Elbo Engineering
Judith LaCosse Official Records and Legislation
General Services
Matthew McCombs Solid Waste/
Alexis Wells Parks and Recreation
15 Years of Service
Keith Downs Gas
Andrew Hawkins Fire
Jade Weppler Gas
25 Years of Service
Deborah Storey Police
Robert Surette Legal
Debora Kendall Parks and Recreation
Joseph Assed Public Utilities
David Taggart Engineering
Review Approval:
1) Human Resources
Cover Memo
Item # 1
Meeting Date:
2/19/2013
Work Session
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Economic Development Strategic Plan Presentation (WSO)
SUMMARY:
Review Approval:
1) Clerk 2) Assistant City Manager ED 3) City Manager 4) Clerk
Cover Memo
Item # 2
Meeting Date:
2/19/2013
Work Session
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Provide direction regarding the expansion and renovation of the Countryside Branch Library or construction of a new building located
on the Countryside Community Park, near the Countryside Recreation Center. (WSO)
SUMMARY:
Expanding and renovating the Countryside Branch Library has been on the Penny III list, and those funds are available this year.
Preliminary planning for expanding and renovating in place is showing that, to meet code and make the space usable, the building will
have to be virtually gutted and the costs will be higher than anticipated.
Some members of the Council have suggested that staff look at alternatives, and the one that seems the most feasible is to build a new
building on the Countryside Community Park, next to the Countryside Recreation Center. For a number of reasons, this looks like the
most positive alternative. Past partnerships between the Library and the Parks and Recreation Department have worked extremely well
for the City and the public, providing both quality service and cost savings as the organizations share resources. The property is already
City owned, and ample infrastructure is in place to serve the needs of both facilities, such as parking. Space and parking at the current
facility are limited. There is a synergy created when developing a more comprehensive center of City activity. For the Library, it
would allow staff to create the 21st century facility needed to connect the public with resources in multiple formats, rather than work
within an existing footprint. Because of the extent of the renovation required, the costs should not be that different. If no longer needed
by the City, the property could be sold. Building new would also mean the library would not have to temporarily relocate during
construction, making a move easier for our public and our staff, and saving those costs for the city. The cost of building new may be
less expensive than making the major changes required for the older facility.
There are also advantages to renovating and expanding the current facility. The location on SR 580 has high visibility and is easy for
people in the Countryside area to reach by car. There are two bus routes within a half block of the Library, although the great majority
of users come by car.
In either case, staff requests that Council consider a slight modification to the Penny III project funding. When going to the voters in
2007, funding was set at $6.5 million for both Countryside and East. Over time, funding was reduced to both projects and then $2.5
million was returned to the East project. Staff is currently still working toward a Joint Use project with St. Petersburg College, in which
the City would pay a proportionate amount for the space that would be dedicated to community use, but staff believes funding should
again be spread equitably between locations. Staff will suggest when the Penny projects funding comes up for discussion again, that
$1.25 million from the East project be reassigned to the Countryside project, bring them both to $6.25. Staff is not asking for additional
funds to come from any source other than those already dedicated to the library.
The Countryside Branch will soon be 25 years old. It was built before computers were a normal part of daily life. The
mechanicals have never been replaced and the roof is residential grade. It is one of the busiest locations, seeing 256,872 visitors last
year, and it has been well used.
Review Approval:
Cover Memo
Item # 3
Meeting Date:
2/19/2013
Work Session
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Approve the Business Lease Contract between the City of Clearwater and Community Dental Clinic, Inc. for the lease of City-owned
property located on the northwest corner of South Martin Luther King Jr. Avenue and Woodlawn Street and the authorize appropriate
officials to execute same. (consent)
SUMMARY:
At the January 14, 2013 work session, Council directed staff to prepare a business lease contract with the Community Dental Clinic,
Inc. for City-owned properly located at 1498 South Martin Luther King Jr. Ave.
Community Dental Clinic, Inc. (CDC) approached the City with a request to lease City property to provide low-cost, basic dental care to
qualifying people. After considering several location options, the proposed site is a City-owned commercial building located at 1498
South Martin Luther King Jr. Avenue. A portion of the 4,600 square foot building is used by the Clearwater Police Department as a
substation. The remaining space is approximately 3,354 square feet and was previously occupied by Foundation Village Neighborhood
Family Center, Inc. for several years.
The proposed lease allows the non-profit organization to use the property to provide dental care for UPARC, Inc.
participants/consumers, participants/referrals from Salvation Army programs, and Clearwater Free Clinic patients within the low-
income population living in Pinellas County.
Notable terms and conditions of the lease are listed below:
CDC will accept the property as is and may make alterations and improvements at its sole cost and expense.
The initial lease term is for five years with an option to extend the lease for one additional five-year period. The additional five-year
option may be approved or denied at the Citys sole discretion.
The proposed lease establishes rent at the nominal rate of $1.00 annually for the term of the lease.
CDC will be responsible for build-out costs and will assume all interior maintenance responsibilities other than the buildings structural
components.
Should Council determine that the property is needed for other municipal purposes and terminates this lease within two years of the
effective date, the City shall reimburse the CDC on a prorated basis for a portion of CDC's costs associated with improving the
property.
The City will continue to maintain the landscaping on the property; sewer/water utility costs will be shared by CDC paying 72% and
the Police Department paying 28% of actual costs.
Insurance requirements have been established by the Citys Risk Management Department.
Cover Memo
Review Approval:
1) Office of Management and Budget 2) Legal 3) Clerk 4) Assistant City Manager 5) City Manager 6) Clerk
Item # 4
Attachment number 1 \nPage 1 of 11
BUSINESS LEASE CONTRACT
THIS BUSINESS LEASE CONTRACT, entered into this ____ day of ____________, 2013,
between the CITY OF CLEARWATER, FLORIDA, a Florida municipality whose mailing address is
112 S Osceola Avenue, Clearwater, Florida 33756 as Lessor, and the COMMUNITY DENTAL
CLINIC, INC., a Florida nonprofit corporation whose principal address is 3117 Harvest Moon Drive,
Palm Harbor, Florida 34683 as Lessee.
W I T N E S S E T H:
That the Lessor does lease to the Lessee a portion of property addressed at 1498 South
Martin Luther King Jr. Avenue, Clearwater, Florida, described as follows:
Such property shall hereinafter be referred to as the"Leased PDemised
"
Premises" or the "Leased Property.
1. LEASE TERM.
The term of this lease shall be for five (5) years; which term will commence on the _____ day of
_________________, 2013
day of ________________, 2018 written
approval, the Lessee shall have the option to request an extension of the term of this lease for one
successive period of five years ("Extended Term" as used herein). Lessor may approve or disapprove
requested extension in its sole discretion. No such renewal or extension shall be deemed a
waiver by Lessor of any breach or default which may then exist. The 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 request 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, tten approval, 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) annually, and other good and valuable consideration, 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 to provide low-cost basic dental care for UPARC, Inc. participants/consumers,
participants/referrals from Salvation Army programs, and Clearwater Free Clinic patients and
Item # 4
Attachment number 1 \nPage 2 of 11
permanent residents of mid and upper Pinellas County whose income is between 100% and 200% of
Federal Poverty Guidelines as established by the U.S. Department of Health and Human Services.
A
status and are subject to the availability of Lessees paid and volunteer personnel, equipment and
supplies.
4. UTILITIES
.
Electric, communications and all other utilities of any kind with the exception of sewer/water
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. Payment of sewer and water
utilities shall be shared; Lessee shall pay 72% and Lessor shall pay 28%.
5. COMMON AREA MAINTENANCE AND TAXES.
Lessor shall repair damage recently caused by the failure of the water heater in the Leased
Premises. Damage shall include the removal of mold and the repair or replacement of the water
heater. Lessor shall maintain landscaping on the Leased Premises. Lessee agrees that the cost of
Common Area Maintenance, other than landscaping costs, shall be shared; Lessee shall pay 72% of
actual costs and Lessor shall pay 28% of actual costs. Lessee shall properly maintain the Leased
Premises in a clean and orderly condition. 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 Property, based on the L use of the Leased Property 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 Proporty within thirty (30) days after receiving written notice, the Lessor may, at its sole option,
pay such taxes, liens, or assessments, which Lessee shall immediately reimburse Lessor 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. Lessor has not received notice of any code violations currently affecting
the Leased Premises.
7. ASSIGNMENT OR SUBLEASE
.
Lessee shall not, without first obtaining the written consent of Lessor, assign, mortgage,
pledge, or encumber this lease, in whole or in part, or sublet the premises or any part thereof. Lessor
may approve or deny assignment in its sole discretion. This covenant shall be binding on the legal
representatives of Lessee, and on every person to whom Lessee's interest under this lease passes
by operation of law, but it shall not apply to an assignment or subletting to the parent or subsidiary of
a corporate lessee or to a transfer of the leasehold interest occasioned by a consolidation or merger
involving such lessee.
Item # 4
[GM12-1313-064/117603/3] Page 2 of 11
Attachment number 1 \nPage 3 of 11
If the premises are sublet or occupied by anyone other than Lessee, and Lessee is in default
hereunder, or if this lease is assigned by Lessee, Lessor may collect rent from the assignee,
subtenant, or occupant, and apply the net amount collected to the rent herein reserved. No such
collection shall be deemed a waiver of the covenant herein against assignment and subletting, or the
acceptance of such assignee, subtenant, or occupant as Lessee, or a release of Lessee from further
performance of the covenants herein contained.
8. ALTERATIONS AND IMPROVEMENTS
.
The Lessee may make structural alterations, modifications, and improvements (Improvements) to the
Leased Premises at its sole cost and expense. Proposed Improvements and respective cost
estimates
Improvements activities
authorized herein. Improvements to said property shall become the property of the Lessor upon the
termination of this lease or, at Less option, the Lessee, if it can do so without damage to the
Property, remove such Improvements and restore the leased property at Lessee's expense to its
original condition, subject to provisions in paragraph 18 below. 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
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 premiseson 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 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 thecost
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 apart 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,
Item # 4
[GM12-1313-064/117603/3] Page 3 of 11
Attachment number 1 \nPage 4 of 11
fixtures, alterations or additions, which do not conform to this agreement. This Right of Entry shall be
subject to the rights of Patient Privacy and Lessor shall not be entitled to inspect any examination
areas when patients are present and shall not be granted access to any confidential Patient Records
or information.
11. RESTORING PREMISES TO ORIGINAL 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 person or persons in the employ or under the control of the Lessee.
12. INSURANCE
.
B
attached hereto and made a part hereof as if said document were fully set forth at length herein.
13. MAINTENANCE
.
Lessor shall keep the structural components of the building and Leased Premises including
foundation, outer walls, roof and buried conduits of the premises in good repair, except that the
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 inside of said premises
and the interior 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 governmentalagencies 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 theyare 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, said monies shall become additional rent due hereunder, Lessor shall demand
repayment of same from Lessee and Lessee shall make payment within ten (10) days of receipt of
said demand. 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 repair or replace any
HVAC component or system costing more than Two Thousand and 00/100 Dollars ($2,000.00) in the
aggregate during the first year of this Lease. Lessor may, at its sole discretion, repair the HVAC
component or system. However, if neither party hereto chooses to make said repairs resulting in
unsatisfactory conditions within the leased premises, this Lease shall automatically terminate and
Lessee shall not be entitled to any reimbursement of costs for improvements as may be provided
herein.
Item # 4
[GM12-1313-064/117603/3] Page 4 of 11
Attachment number 1 \nPage 5 of 11
14. DESTRUCTION OF PREMISES
.
In the event that the building should be totally destroyed by fire, earthquake or other cause, to
such an extent that it cannot be rebuilt or repaired within sixty (60) days after the date of such
destruction, this lease shall be terminated.
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 automatically terminated, except as otherwise
provided herein. If Lessor does not intend to rebuild and repair, Lessor shall within fifteen (15) days of
such damage, provide written notice to Lessee of termination of the Lease. If the Lessor intends to
rebuild or repair the premises, it shall, within fifteen (15) days after the date of such damage, give
written notice to Lessee of the intention to 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 by such Lessee under this agreement.
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 toeither terminate this lease or to continue in possession of theremainder 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 anyof the othercovenants 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
Item # 4
[GM12-1313-064/117603/3] Page 5 of 11
Attachment number 1 \nPage 6 of 11
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, 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 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 andthe 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 that the City Council
determines, at a duly constituted City Council meeting that the Leased Premises are required for
other municipal purposes and serves Lessee with One hundred Twenty (120) days written notice.
18REFUND FOR CAPITAL IMPROVEMENTS
.
Lessee is solely responsible for all costs associated with Improvements to the Leased
Premises per paragraph 8 above. However, if the City Council determines that the Leased Premises
are required for other municipal purposes and terminates this Lease pursuant to paragraph 17 (d)
above within two (2) years of the Effective Date of this Lease, and Lessee has not removed said
Improvements in accordance with paragraph 8, Lessor shall provide reimbursement to Lessee for
construction costs incurred for Improvements. Lessor shall provide reimbursement
on a prorated basis according to the following terms:
(a) If Lessor terminates this Lease per paragraph 17 (d) above with a termination date prior to
one year after the Effective Date of this Lease, Lessor shall reimburse Lessee for sixty percent (60%)
. Any Improvements for which the Lessee
receives reimbursement shall remain on the premises and become property of the Lessor. Said
reimbursement shall not exceed sixty percent (60%) of the total expenditures provided for in Exhibit
.
Item # 4
[GM12-1313-064/117603/3] Page 6 of 11
Attachment number 1 \nPage 7 of 11
(b) If Lessor terminates this Lease per paragraph 17 (d) above with a termination date after the
first anniversary of the Effective Date, but prior to two years after the Effective Date of this Lease,
Lessor shall reimburse Lessee for thirty percent (30
Improvements. Any Improvements for which the Lessee receives reimbursement shall remain on the
premises and become property of the Lessor. Said reimbursement shall not exceed thirty percent
.
(c) If Lessor terminates this Lease per paragraph 17 (d) above with a termination date
subsequent to two years after the Effective Date of this Lease, Lessor shall have no responsibility to
reimburse Lessee for any costs associated with construction of Improvements.
(d) If Lessee chooses to remove the Improvements and restore the Leased Premises as
provided in paragraph 8 above, Lessee shall not be entitled to reimbursement as provided in this
paragraph.
(e) If Lessee is in default of any terms or conditions herein upon termination of this Lease,
Lessee shall not be entitled to reimbursement as provided in this paragraph.
19. 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 partieshereto 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 use of signs in connection with the
premises hereunder shall be subject to the prior approval of the Lessor and shall be in accordance
with regulations and ordinances of the City of Clearwater, or 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.
(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
Item # 4
[GM12-1313-064/117603/3] Page 7 of 11
Attachment number 1 \nPage 8 of 11
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.
20. 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.
21. 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.
22. PARKING SPACES
.
Lessee shall have the right to use the parking lot adjacent to and west of the building of which
the Leased Premises is a part. Lessee may install sign(s) directing appropriate use of the parking
area. Any proposed sign(s) shall be in accordance with regulations established by any applicable
governmental authority and shall be approved by Lessor prior to installation. Lessee is not permitted
to use the parking lot on the east side of the building.
23. INDEMNIFICATION.
The Lessee shall indemnify the Lessor against liabilities, expenses and losses incurred by the
Lessor arising out of or related to the Leased Premises or Lessees 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 mechanics lien connected with Lessee, its obligations or
operations, filed against the leased property, fixtures, equipment or personality therein; and (e) any
construction, work, alterations or improvements by Lessee on the leased property. Such
, and
shall survive termination or expiration of this agreement.
24.
.
Item # 4
[GM12-1313-064/117603/3] Page 8 of 11
Attachment number 1 \nPage 9 of 11
Except as specifically provided for herein, Lessee accepts the Leased P
basis, and Lessor shall have no obligation to improve or remodel the Leased Premises.
25. 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.
26. JANITORIAL EXPENSES
.
Lessee shall obtain janitorial services for the Leased Premises at its expense.
27. SEVERANCE
.
The invalidity or unenforceability of any portion of this lease shall in nowise affect the
remaining provisions and portions hereof.
28. 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.
29.NO HAZARDOUS MATERIALS
.
The Lessee herewith covenants and agrees that, except for those materials customarily
utilized in a dental practice, 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 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.
30. ENVIRONMENTAL CONDITION.
Lessor hereby represents that it has not investigated the environmental condition of the
property within the ten years previous to the effective date of this Lease; however, as of the date of
this Lease the Lessor is not on notice that the Leased Premises contains any environmental
contamination. Lessee may, at its sole cost and expense, investigate the environmental condition of
the Leased Premises provided that any damage caused to the Leased Premises by the investigation
is restored to a condition acceptable to Lessor. Lessor shall not be responsible to incur any costs
associated with any environmental investigation of the Leased Premises discovered in the course of
and occupancy as provided herein.
Item # 4
[GM12-1313-064/117603/3] Page 9 of 11
Attachment number 1 \nPage 10 of 11
31. CONFORMANCE WITH LAWS, AMERICANS WITH DISABILITIES ACT.
Lessee agrees to comply with all applicable federal, state and local laws during the life of this
Contract. Lessee hereby affirms its intention to take any and all actions reasonable and prudent to
modifications to the structure, revisions in operations, and supporting communications capabilities
and procedures and changes in functional location and layout.
32.
.
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.
33.GOVERNING LAW
.
The laws of the State of Florida shall govern this Contract, and any action brought by either
partyshall lie in Pinellas County, Florida.
IN WITNESS WHEREOF, the parties hereto have executed this Contract as of the date set
forth above.
Signatures Appear on the Following Page
Item # 4
[GM12-1313-064/117603/3] Page 10 of 11
Attachment number 1 \nPage 11 of 11
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
COMMUNITY DENTAL CLINIC, INC.
Attest:
___________________________ By: ____________________________
Print Name: _________________ Print Name: _______________________
Title: ________________________
Item # 4
[GM12-1313-064/117603/3] Page 11 of 11
Attachment number 2 \nPage 1 of 1
EXHIBIT A
LEGAL DESCRIPTION:
The Leased Premises is described as that certain portion of the building located at 1498 South Martin Luther King Jr. Avenue, a depiction of which is
attached hereto, containing 3,354 square feet, more or less of interior floor area measured to the unfinished surfaces of its perimeter walls all
together being a portion of:
Lot 2, FOUNDATION OAKS, according to the Plat thereof as recorded in Plat Book 118, Page 85, Public Records of Pinellas County, Florida, and
the south 100 feet of the east 100 feet of the following described tract of land:
line to the point of beginning.
Item # 4
Attachment number 3 \nPage 1 of 3
B
CITY OF CLEARWATER INSURANCE REQUIREMENTS
The Lessee shall, at its own cost and expense, acquire and maintain (and cause any
contractors and subcontractors 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 Agreement.
These insurance requirements shall not limit the liability of the Lessee. The City does
not represent that these types or amounts of insurance to be sufficient or adequate to
protect the Lessee, but are merely minimums:
u
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, at $1,000,000 per occurrence and $1,000,000 general aggregate and
$1,000,000 products/completed operation aggregate.
u
Commercial Automobile Liability Insurance fo
r any owned, non-owned,
hired or borrowed automobile is required in the minimum amount of
$1,000,000combined single limit.
u
Insurance
shall bemaintained during the life of
this contract in accordance with the laws of the State of Florida, for all of
coverage where applicable.
u
shall be maintained in the minimum amount
of $100,000 each employee, each accident, and $100,000 each
#¨³¸ ®¥ #«¤ ±¶ ³¤± )²´± ¢¤ 2¤°´¨±¤¬¤³²
Item # 4
0 ¦¤
Attachment number 3 \nPage 2 of 3
employee/$500,000 policy limits for disease, and which meets all state and
federal laws. Coverage must be applicable to employees, contractors, and
subcontractors, if any.
u
Professional Liability/Malpractice Insurance
shall be maintained by
Lessee with minimum limits of $1,000,000 per occurrence and in the type
appropriate for the business engaged in by the Lessee.
u
If the Lessee is using its own property or the property of City in connection
Property
with the performance of its obligations under this Agreement, then
Insurance
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.
Other Insurance Provisions:
1. I
Commercial Liability Insurance, and Commercial Auto Liability Insurance
Insurance policy. Coverage shall contain no special limitations on the scope
of protection afforded to the City, its officials, employees, agents or
volunteers.
2. Prior to the execution of this Agreement, and then annually upon the
furnish the City with a Certificate of Insurance evidencing the set
Commercial General Liability Insurance and Commercial Auto Liability
Property Insurance policy. In addition, Lessee will provide the City with
certified copies of all applicable policies when requested in writing from the
#¨³¸ ®¥ #«¤ ±¶ ³¤± )²´± ¢¤ 2¤°´¨±¤¬¤³²
Item # 4
0 ¦¤
Attachment number 3 \nPage 3 of 3
City. The address where such certificates and certified policies shall be sent
or delivered is as follows:
City of Clearwater
Attn: Administrative Support Manager
Engineering/Production 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. -contributory
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
he insurance coverage
specified.
#¨³¸ ®¥ #«¤ ±¶ ³¤± )²´± ¢¤ 2¤°´¨±¤¬¤³²
Item # 4
0 ¦¤
Attachment number 4 \nPage 1 of 1
The following was provided by the Community Dental Clinic, Inc.
The Scope of Work for improvements to the Leased Premises includes an Architect
(sealed permit drawings), miscellaneous demolition and old flooring removal,
miscellaneous carpentry, cleaning & sealing existing VCT flooring, constructing new
lobby and sterilization room walls, new flooring where required, replacement of several
damaged ceiling tiles, replacement of A/C filters, servicing existing plumbing, piping
and hook-up of all dental equipment, checking electrical systems w/ minor repairs as
needed.
The following categories are excluded: site work, structural work, exterior building
improvements, insulation, windows, kitchen equipment work, all dental equipment, fire
protection systems, HVAC equipment, electrical fixtures, panels and devices.
Based upon the above, the building will be adequate for occupancy and use as a dental
$ 33,000
clinic using a construction budget of .
The Remainder of this Page Intentionally Left Blank
Item # 4
Meeting Date:
2/19/2013
Work Session
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Amend Purchase Order ST109023 to Duval Ford of Jacksonville, FL to include the purchase of three additional Ford F-150 Pickup
Trucks for a total cost of $144,448.00, in accordance with Sec. 2.56(1)(d) - Code of Ordinances - Other Governmental Bid; authorize
lease purchase under the City's Master Lease Purchase Agreement for the additional amount of $52,642.00 and authorize the
appropriate officials to execute same. (consent)
SUMMARY:
The three Ford F-150 pickup trucks will be purchased through the Florida Sheriff's Association Contract 12-20-0905,
Specification 38 and quote dated January 30, 2013.
These trucks will replace G2132 (1999 Chevrolet Sonoma) with 95,045 miles, G2816 (2004 Ford Ranger)
with 104,077 miles and G2342 (2001 Chevrolet Sonoma) with 84,246 miles. These trucks are assigned to
Engineering, Customer Service and Parks and Recreation.
These trucks are included in the Fiscal Year 2012/2013 Garage CIP Replacement Fund and will be added to the current
purchase order issued to Duval Ford on November 16, 2012.
Type:
Purchase
Current Year Budget?:Budget Adjustment:
YesNone
Budget Adjustment Comments:
Current Year Cost:Annual Operating Cost:
$10,949.54$11,760.00
Not to Exceed:Total Cost:
$22,709.54
For Fiscal Year:
2012 to 2013
Appropriation CodeAmountAppropriation Comment
0316-94241-564100-519-$52,642.00L/P CIP
0000
Bid Required?:Bid Number:
No
Florida
Sheriff's
Other Bid / Contract:Bid Exceptions:
None
Association
#12-20-0905
Cover Memo
Review
1) Financial Services 2) Office of Management and Budget 3) Solid Waste/General Support Services 4) Financial
Approval:
Services 5) Office of Management and Budget 6) Legal 7) Clerk 8) Assistant City Manager 9) City Manager 10) Clerk
Item # 5
Meeting Date:
2/19/2013
Work Session
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Approve a Contract (Blanket Purchase Order) to Honeywell International, Inc. - Building Solutions of Chicago, IL for an amount not to
exceed $160,000 for the quarterly Maintenance Fees for the period May 1, 2013 through April 30, 2014, per the contracts dated
November 17, 2008 and April 28, 2010 and authorize the appropriate officials to execute same. (consent)
SUMMARY:
The City of Clearwater signed two contracts with Honeywell Building Solutions to retrofit various buildings with
energy saving devices under the State of Florida Energy Savings Contract 973-320-08-1. These contracts included
provisions for guaranteed savings under the Performance Contracting specifications.
The first contract was signed on November 17, 2008. Several lighting changes were completed, replaced air
conditioning units and installed dehumidifier in the pool area to create a better environment and protect the steel
structure from rust and deterioration. The contract term is 20 years. The savings in the 3rd year was $42,129 above
the guaranteed savings of $196,016.
The second contract was signed on April 28, 2010. This contract included lighting changes in numerous buildings, air
conditioning replacements and automated HVAC controls in various City buildings and pool pump replacement at the
Long Center. The contract term is 15 years. The savings in the 2nd year was $52,145 above the guaranteed savings of
$391,182.
The contracts required Honeywell to maintain all the systems installed for the term of the contract. This Blanket
Purchase Order covers the maintenance and audit costs for one year.
Type:
Operating Expenditure
Current Year Budget?:Budget Adjustment:
YesNone
Budget Adjustment Comments:
Current Year Cost:Annual Operating Cost:
$131,028
Not to Exceed:Total Cost:
$160,000$131,028
For Fiscal Year:
4/1/2012 to 3/31/2013
Appropriation CodeAmountAppropriation Comment
565-06531-530300-519-000$160,000Other Contractual Services
Bid Required?:Bid Number:
No
Cover Memo
Other Bid / Contract:Bid Exceptions:
None
Item # 6
Review Approval:
1) Office of Management and Budget 2) Legal 3) Clerk 4) Assistant City Manager 5) City Manager 6) Clerk
Meeting Date:
2/19/2013
Work Session
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Award a contract (Purchase Order) for $430,753.00 to Duval Ford of Jacksonville, FL for the purchase of two Ford F-550 chassis with
CUES TV Hi-Cube Van, in accordance with Sec. 2.564(1)(d), Code of Ordinances - Other Governmental bid; authorize lease purchase
under the City's Master Lease Purchase Agreement and authorize the appropriate officials to execute same. (consent)
SUMMARY:
The trucks will be purchased through the Florida Sheriff's Contract 12-10-0905, Specification 6 and quote dated
January 30, 2013.
These trucks will replace G2922 (2004 Ford CUES TV Van) with 49,200 miles that belongs to Engineering and G2579
(2001 Ford CUES TV Van) with 92,493 miles that belongs to Public Utilities. These trucks are included in the Fiscal
Year 2012/2013 Garage CIP Replacement Fund.
G2922 has been retired due to broken truck frame, worn out suspension, major front end problems and defective
generator. The truck chassis was too light for the application and could not withstand the pressures of the work
assignments. The cost to attempt repairs is extremely high. The replacement chassis specifications are much higher
and will result in longer life.
These trucks are used to inspect Stormwater and Sewer pipes throughout the City.
Type:
Purchase
Current Year Budget?:Budget Adjustment:
YesNone
Budget Adjustment Comments:
Current Year Cost:Annual Operating Cost:
$89,596.62$30,794.06
Not to Exceed:Total Cost:
$120,390.68
For Fiscal Year:
2012 to 2013
Appropriation CodeAmountAppropriation Comment
0316-94241-564100-519-$430,753.00L/P CIP
0000
Bid Required?:Bid Number:
No
Florida
Sheriff's
Cover Memo
Other Bid / Contract:Bid Exceptions:
None
Association
Item # 7
#12-10-0905
Review
1) Financial Services 2) Office of Management and Budget 3) Legal 4) Clerk 5) Assistant City Manager 6) City
Approval:
Manager 7) Clerk
Meeting Date:
2/19/2013
Work Session
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Award a Contract (Purchase Order) for $240,917.00 to Atlantic Truck Center of Pompano Beach, FL for one M2 Freightliner Chassis
with Wayne Gladiator Sweeper, in accordance with Sec. 2.564(1)(d), Code of Ordinances - Other governmental bid; authorize lease
purchase under the City's Master Lease Purchase Agreement and authorize the appropriate officials to execute same. (consent)
SUMMARY:
This sweeper was presented to the City Council on January 14, 2013 and approved on January 17. A purchase order
was issued on January 18. After further review of the documentation submitted by both vendors, staff found several
mistakes in both proposals. The purchase order was cancelled and both vendors submitted new proposals. A thorough
review was conducted and staff is recommending the purchase of this proposal.
The sweeper will be purchased through the Florida Sheriff's Contract 12-10-0905, Specification 9 and quote dated
January 23, 2013.
This sweeper will replace G2749 (2003 Elgin Sweeper) with 84,980 miles. The auxiliary engine has 7.530 hours. The
Sweeper is included in the Fiscal Year 2012/2013 Garage CIP Replacement Fund. This sweeper is assigned to the
Stormwater group in Engineering.
Type:
Purchase
Current Year Budget?:Budget Adjustment:
YesNone
Budget Adjustment Comments:
Current Year Cost:Annual Operating Cost:
$50,110.74$17,612.00
Not to Exceed:Total Cost:
$67,722.74
For Fiscal Year:
2012 to 2013
Appropriation CodeAmountAppropriation Comment
0316-94241-564100-519-$240,917.00L/P CIP
0000
Bid Required?:Bid Number:
No
Florida
Sheriff's
Other Bid / Contract:Bid Exceptions:
None
Association
#12-10-0905
Cover Memo
Review Item # 8
1) Financial Services 2) Office of Management and Budget 3) Legal 4) Clerk 5) Assistant City Manager 6) City
Approval:
Manager 7) Clerk
Meeting Date:
2/19/2013
Work Session
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Approve the Cooperative Funding Agreement with the Southwest Florida Water Management District (SWFWMD), which provides
reimbursement of project costs up to $800,000 for the Mandalay Avenue Stormwater Outfall project (11-0031-EN); award a
construction contract to Kamminga and Roodvoets, Inc. of Tampa, FL, in the amount of $1,343,615.35, and authorize the appropriate
officials to execute same. (consent)
SUMMARY:
The Mandalay Avenue Outfall project will provide a new and larger outfall for approximately 21 acres. The project begins at the
Mandalay Ave and San Marco intersection and outfalls at the East end of Papaya Street at the seawall.
Construction of this project includes installation of approximately of 1,500 LF of pipe and box culvert of various sizes, some segments
are new pipes and some segments are upgrades to the existing undersized pipe.
The project will also include installation of two stormwater treatment devices to collect pollutants and improve the water quality.
To accommodate businesses and residents, the project will not commence until on or after April 8, 2013 and is anticipated to be
completed by December 2013.
The project will be cooperatively funded by the Southwest Florida Water Management District (SWFWMD) at 50-percent of the
construction cost up to a maximum of $800,000.
First quarter amendments will establish a Capital Improvement Program (CIP) project 0315-96183, Mandalay Ave Outfall with
$800,000 of SWFWMD budget and transfer $800,000 from CIP 0315-96170, Coastal Basins Projects, to match the grant.
Sufficient funding is available in Utility Renewal and Replacement projects in amounts of $102,030.50 in 327-96742, Line Relocation -
Capital and $34,188 in 327-96634, Sanitary Utility Relocation Acco, and $20,186.10 in CIP 315-96739, Reclaimed Water Distribution
System with total Utilities funding in the amount of $156,404.60 and for total funding of the construction contract in the amount of
$1,343,615.35 and other associated costs to the project in the amount of $412,789 for total funding of the project in the amount of
$1,756,404.60.
Type:
Capital expenditure
Current Year Budget?:Budget Adjustment:
NoYes
Budget Adjustment Comments:
See summary
Current Year Cost:Annual Operating Cost:
$1,343,615.35
Not to Exceed:Total Cost:
$1,343,615.35$1,343,615.35
For Fiscal Year:
2012 to 2013
Appropriation CodeAmountAppropriation Comment
0315-96183-563700-539-$1,187,210.75See summary
Cover Memo
000-0000
Item # 9
0327-96742-563800-533-102,030.50See summary
000-0000
0315-96739-563800-533-20,186.10See summary
000-0000
0327-96634-563800-535-34,188.00See summary
000-0000
Bid Required?:Bid Number:
Yes11-0031-EN
Other Bid / Contract:Bid Exceptions:
None
Review
1) Engineering 2) Financial Services 3) Office of Management and Budget 4) Engineering 5) Engineering 6) Financial
Approval:
Services 7) Office of Management and Budget 8) Legal 9) Clerk 10) Assistant City Manager 11) City Manager 12) Clerk
Cover Memo
Item # 9
Attachment number 4 \nPage 1 of 1
Location Map
Stormwater Project Location
Approx. 1500 LF
²
Mandalay Ave
Proposed Storm
Proposed Stormwater Outfall
Drain Location
Item # 9
Prepared by:
Engineering Department
Geographic Technology Division
100 S. Myrtle Ave, Clearwater, FL 33756
N.T.S.
Map Gen By:CD Reviewed By:ES Date:01/30/2013 Grid #:267A S-T-R:08-29-15
Ph: (727)562-4750, Fax: (727)526-4755
www.MyClearwater.com
Meeting Date:
2/19/2013
Work Session
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Approve a Development Agreement between Clearwater Grande Development, LLC (the property owner) and the City of Clearwater,
providing for the allocation of 60 units for an overnight accommodation from the Hotel Density Reserve and a building height of 49.5
feet (from base flood elevation) under Beach by Design. (DVA2012-11001); adopt Resolution 13-01, and authorize the appropriate
officials to execute same.
SUMMARY:
The 0.63-acre subject property is located on the south side of South Gulfview Boulevard, approximately 894 feet west
of Gulf Boulevard in the Tourist (T) District and Clearwater Pass character district in Beach by Design. The subject
property is presently a part of a larger 1.438-acre parcel that will be separated into two parcels (Parcels A and
B) through the minor lot line adjustment process.
The subject property presently consists of the 91-room Quality Inn and its associated off-street parking; however the
proposal would separate the parking lot from the hotel in order to facilitate the construction of a new Hampton Inn and
Suites on that parcel (Parcel B).
While the proposal retains the existing 91-room Quality Inn, the size of the parcel requires the allocation of 60 rooms
from the Hotel Density Reserve in order to keep the hotel from being over dense (144.44 rooms/acre). It is noted that
the height of the existing hotel is 49.5 feet (as measured from base flood elevation). On January 15, 2013, the
Community Development Board (CDB) approved the Flexible Development application (FLD2012-11023) associated
with the request.
The proposed Development Agreement is in compliance with the standards for Development Agreements, is consistent
with the Comprehensive Plan and furthers the vision of beach redevelopment set forth in Beach by Design. The
proposed Development Agreement will be in effect for a period not to exceed twenty years, meets the criteria for the
allocation of units from the Hotel Density Reserve under Beach by Design and includes the following main
provisions:
Provides for the allocation of 60 units from the Hotel Density Reserve;
Requires the developer to obtain building permits and certificates of occupancy in accordance with Community
Development Code (CDC) Section 4-407;
Requires the return of any hotel unit obtained from the Hotel Density Reserve that is not constructed;
Prohibits the conversion of any hotel unit to a residential use and requires the recording of a covenant restricting
use of such hotel units to overnight accommodation usage;
Requires a legally enforceable mandatory evacuation/closure covenant that the hotel will be closed as soon as
practicable after a hurricane watch that includes Clearwater Beach is posted by the National Hurricane Center;
and
Requires that the development comply with the Metropolitan Planning Organizations (MPO) countywide
approach to the application of concurrency management for transportation facilities.
The Community Development Board reviewed this Development Agreement (DVA2012-11001) at its public hearing
on January 15, 2013, and unanimously recommended its approval.
Cover Memo
Item # 10
Review Approval:
1) Legal 2) Clerk 3) Assistant City Manager 4) City Manager 5) Clerk
Attachment number 1 \nPage 1 of 10
Proposed Development Agreement
THIS DEVELOPMENT AGREEMENT (“AGREEMENT”) is dated the ____ day
of _________, 201_ and entered into between Clearwater Grande Holdings LLC, a
Florida limited liability company (“Developer”), its successors and assigns, and the CITY
OF CLEARWATER, FLORIDA, a municipality of the State of Florida acting though its
City Council, the governing body thereof (“City”).
Recitals:
WHEREAS, one of the major elements of the City’s revitalization effort is a
preliminary plan for the revitalization of Clearwater Beach entitled Beach by Design; and
WHEREAS, Sections 163.3220 – 163.3243, Florida Statutes which set forth the
Florida Local Government Development Agreement Act (“Act”), authorize the City to
enter into binding development agreements with persons having a legal or equitable
interest in real property located within the corporate limits of the City; and
WHEREAS, under Section 163.3223 of the Act, the City has adopted Section 4-
606 of the City of Clearwater Community Development Code (“Code”), establishing
procedures and requirements to consider and enter into development agreements; and
WHEREAS, Beach by Design proposed additional hotel units to equalize
development opportunities on the beach and ensure Clearwater Beach remains a quality,
family resort community by further providing for a limited pool of additional hotel units
(“Hotel Density Reserve”) to be made available for such mid-sized hotel projects; and
WHEREAS, the Developer owns and controls approximately 0.63 acres of real
property (“Property”) in the corporate limits of the City, consisting of 0.63 acres of
upland from the face of the seawall more particularly described on Exhibit “A” as Parcel
“A” attached hereto and incorporated herein; and
WHEREAS, the Developer desires to make the property more attractive by
refinishing the exterior landscaping of Parcel A; all of which will generally conform to
the photographs and landscape plan shown in Exhibit “B”; and
WHEREAS, by this property receiving units from the Hotel Density Reserve, the
City of Clearwater will be provided additional and much needed mid-priced hotel rooms
for use by the public. The City will also benefit from increased tourist taxes from the
hotel guests.
WHEREAS, upon completion the existing hotel contains 91 existing units, which
will include sixty (60) units from the available Beach by Design Hotel Density Reserve;
and
Item # 10
Attachment number 1 \nPage 2 of 10
WHEREAS, the city has conducted such hearings as are required by and in
accordance with Chapter 163.3220 Fla. Stat. (2011) and any other applicable law; and
WHEREAS, the city has determined that, as of the Effective Date of this
Agreement the proposed project is consistent with the City’s Comprehensive Plan and
Land Development Regulations; and
§§
WHEREAS, the City has conducted public hearings as required 4-206 and 4-
606 of the Community Development Code; and
WHEREAS, at a duly called public meeting on ________, the City Council
approved this Agreement and authorized and directed its execution by the appropriate
officials of the City; and
WHEREAS, the Community Development Board approved the design and site
plan as a Flexible Development on _______, conditioned upon the approval and
execution of this Agreement; and
WHEREAS, approval of this agreement is in the interests of the City in
furtherance of the City’s goals of enhancing the viability of the resort community and in
furtherance of the objectives of Beach by Design; and
WHEREAS, Developer has approved this Agreement and duly authorized certain
individuals to execute this Agreement on Developer’s behalf.
STATEMENT OF AGREEMENT
In consideration of and in reliance upon the premises, the mutual covenants
contained herein, and other good and valuable consideration, the receipt and sufficiency
of which are hereby acknowledged, the parties hereto intending to be legally bound and
in accordance with the Act, agree as follows:
SECTION 1. Recitals. The above recitals are true and correct and are a part of this
Agreement.
SECTION 2. Incorporation of the Act. This Agreement is entered into in
compliance with and under the authority of the Code and the Act, the terms of which as
of the date of this Agreement are incorporated herein by this reference and made a part of
this Agreement. Words used in this Agreement without definition that are defined in the
Act shall have the same meaning in this Agreement as in the Act.
SECTION 3. Property Subject to this Agreement. The Property described in
Exhibit “A” is subject to this Agreement (“Property”).
3.1 The Property currently has a land use designation of Resort Facilities High
(RFH) and is zoned Tourist (T).
Item # 10
Attachment number 1 \nPage 3 of 10
3.2 The Property is owned in fee simple by the Developer.
3.3 The Property is generally located at 655 S Gulfview Blvd, Clearwater, FL
33767.
SECTION 4. Scope of Project.
4.1 The Project (“Project”) shall consist of no more than 91 overnight
accommodation units, to be traditional overnight accommodation units. The proposed
density is 144.44 units per acre, which is below the allowed 150 units.
4.2 The Project shall have shared parking and accesses with the adjacent
property 653 S Gulfview Blvd, Clearwater, Fl 33767 which is the proposed site for
construction of a parking garage and Hampton Inn which will provide 252 off-street
parking spaces which is sufficient parking for both the proposed Hampton Inn and the
existing Quality Inn. (See 6.1.4).
4.3 The height of the existing building is approximately 49.5’ from BFE.
4.4 The design of the Project, as represented in Exhibit “B”, is consistent with
existing built out properties in the area.
4.5 The project shall comply with the Metropolitan Planning Organization
(MPO) countywide approach to the application of concurrency management for
transportation facilities.
SECTION 5. Effective Date/Duration of this Agreement.
5.1 This Agreement shall not be effective until this Agreement is properly
recorded in the public records of Pinellas County, Florida and thirty (30) days have
elapsed after having been received by the Department of Economic Opportunity pursuant
to Florida Statutes Section 163.3239 and Clearwater Community Development Code
Section 4-606.G. 2 (the “Effective Date”).
5.2 Within fourteen (14) days after the City approves the execution of this
Agreement, the City shall record the Agreement with the Clerk of the Circuit Court for
Pinellas County. The Developer shall pay the cost of such recording. The City Shall
submit to the Department of Economic Opportunity a copy of the recorded Agreement
within fourteen (14) days after the Agreement is recorded.
5.3 This Agreement shall continue in effect until terminated, as defined
herein, but for a period not to exceed twenty (20) years.
SECTION 6. Obligations under this Agreement.
Item # 10
Attachment number 1 \nPage 4 of 10
6.1 Obligations of the Developer:
6.1.1 The obligations under this Agreement shall be binding upon and
the benefits of this Agreement shall inure to the Developer, its successors in
interests or assigns.
6.1.2 At the time of development of the Property, the Developer will
submit such applications and documentation as are required by law and shall
comply with the City’s Code applicable at the time of building permit review.
6.1.3 The following restrictions shall apply to development of the
Property:
6.1.3.1 The Property and improvements located thereon
shall be developed in substantial conformance with the Site and Building Plans
attached as Exhibit “B” and approved by the Community Development Board
(“CDB”) as case number __________. Any minor revisions or changes to the Site
Plan shall consistent with the approved Site Plan and shall be approved by the
Planning Director as a minor modification, pursuant to the Code. Any
modifications determined by the Planning Director as either inconsistent with the
approved Site Plan or constituting a substantial deviation from the approved Site
Plan and thus requiring further approval by the CDB shall require an amendment
to this Agreement in accordance with the procedures of the Act and the Code, as
necessary and applicable. Any and all such approved and adopted amendments
shall be recorded in the public records of Pinellas County, Florida
6.1.3.2 The Developer shall execute, prior to
commencement, a mandatory evacuation/closure covenant, substantially in the
form of Exhibit “C” that the accommodation use will be closed as soon as
practicable after a hurricane watch that includes Clearwater Beach is posted by
the National Hurricane Center.
6.1.4 Shared Facilities. The proposed Hampton Inn site (Parcel “B”)
and the adjacent existing Quality Hotel site (Parcel “A”) shall share parking
facilities, waste facilities, sidewalks and other areas as needed. The two
properties shall enter into appropriate shared facilities agreements and easements
in a form acceptable to the city. Once the agreements are in a form acceptable to
the city they shall be executed and recorded.
6.1.5 Allocation of Units from Hotel Density Reserve; Return of Units to
the Reserve Pool. Covenant Regarding Use of Hotel Density Reserve Units.
Subject to the terms and conditions of this Agreement, the City hereby allocates
and grants to the Developer from the Hotel Density Reserve an additional 60 hotel
units to the Project Site in accordance with applicable law. In the event this
Agreement is terminated pursuant to Section 10 of this Agreement, or if any of
the units granted to the Developer from the Hotel Density Reserve are not
Item # 10
Attachment number 1 \nPage 5 of 10
constructed in conjunction with the Project approved by City and in accordance
with Paragraph 6.1.3.2, or if any units or the Project fail to meet and maintain the
criteria for Hotel Density Reserve Units contained in the City of Clearwater
Ordinance No. 7925-08, as amended, said units shall be returned to the Hotel
Density Reserve and be unavailable to the Developer for use on the Project,
pursuant to Beach by Design. Prior to the issuance of the Certificate of Occupancy
for the Project, the Developer agrees to execute and record a Covenant in the
Public Records of Pinellas County, Florida restricting the Hotel Density Reserve
Units in perpetuity to the use approved by City and by this Agreement.
6.1.6 Transient Use. Occupancy in the overnight accommodation units
from the Hotel Density Reserve is limited to a term of one (1) month or thirty-
one 31) consecutive days, whichever is less. Nothing herein shall prevent a
purchaser of a fractional share unit from owning a period of time greater than
thirty-one (31) days, provided every occupancy is limited to a term of one (1)
month or thirty-one (31) consecutive days, whichever is less.
6.2 Obligations of the City.
6.2.1 The City shall promptly process site and construction plan
applications for the Property that are consistent with the Comprehensive Plan and
the Concept Plan and that meet the requirements of the Code.
6.2.2 Upon adoption of this Agreement, the Project shall receive 60 units
from the Hotel Density Reserve as defined in Beach by Design
SECTION 7. Public Facilities to Service Development. The following public
facilities are presently available to the Property from the sources indicated below.
Development of the Property will be governed by the concurrency ordinance provisions
applicable at the time of development approval unless otherwise provided by law. With
respect to transportation and other public infrastructure and services subject to
concurrency requirements, the City of Clearwater finds that all applicable concurrency
provisions for the proposed development have been met.
7.1 Potable water is currently provided by the City of Clearwater. All
necessary main extensions and connections are existing
7.2 Sewer service is currently provided by the City. All necessary main
extensions and connections are existing.
7.3 Fire protection services are currently provided by the City of Clearwater.
7.4 Drainage facilities for the Property are existing
7.5 Transportation concurrency requirements have been met.
Item # 10
Attachment number 1 \nPage 6 of 10
SECTION8. Required Local Government Permits. The required government
development permits for development of the Property include, without limitation, the
following:
8.1 Site plan approval(s) and associated utility licenses, access, and right-of-
way utilization permits;
SECTION 9. Consistency. The City finds that development of the Property is
consistent with the terms of this Agreement and is consistent with the City
Comprehensive Plan and the Code.
SECTION 10. Termination. If the Developer's obligations set forth in this
Agreement are not followed in a timely manner, as reasonably determined by the City
Manager, after notice to the Developer and an opportunity to be heard, existing permits
shall be administratively suspended and issuance of new permits suspended until the
Developer has fulfilled its obligations. Failure to timely fulfill its obligations may serve
as a basis for termination of this Agreement by the City, at the discretion of the City and
after notice to the Developer and an opportunity for the Developer to be heard.
SECTION 11. Other Terms and Conditions.
11.1 Except in the case of termination, until twenty (20) years after the date of
this
Agreement, the Property shall not be subject to down-zoning, unit density reduction, or
intensity reduction, unless the City has held a public hearing and determined:
11.1.1 That substantial changes have occurred in pertinent conditions
existing at the time of approval of this Agreement; or
11.1.2 This Agreement is based on substantially inaccurate information
provided by the Developer; or
11.1.3 That the change is essential to the public health, safety, or welfare.
SECTION 12. Compliance with Law. The failure of this Agreement to address
any particular permit, condition, term or restriction shall not relieve the Developer from
the necessity of complying with the law governing such permitting requirements,
conditions, terms or restrictions.
SECTION 13. Notices. Notices and communications required or desired to be
given under this Agreement shall be given to the parties by hand delivery, by nationally
recognized overnight courier service such as Federal Express, or by certified mail, return
receipt requested, addressed as follows (copies as provided below shall be required for
proper notice to be given):
If to the Developer: Clearwater Grande Holdings LLC
Item # 10
Attachment number 1 \nPage 7 of 10
20001 Gulf Blvd.
Indian Shores, FL 33785
With Copy to: Northside Engineering Services, Inc
300 South Belcher
Clearwater, FL 33765
If to City: City of Clearwater, City Attorney
ATTN: _______________
112 South Osceola Avenue
Clearwater, FL 33756
Properly addressed, postage prepaid, notices or communications shall be deemed
delivered and received on the day of hand delivery, the next business day after deposit
with an overnight courier service for next day delivery, or on the 3rd day following
deposit in the United States mail, certified mail, return receipt requested. The parties may
change the addresses set forth above (including the addition of a mortgagee to receive
copies of all notices),by notice in accordance with this Section.
SECTION 14. Assignments.
14.1 By the Developer:
14.1.1 Prior to the Commencement Date, the Developer may sell, convey,
assign or otherwise dispose of any or all of its right, title, interest and obligations
in and to the Project, or any part thereof, only with the prior written notice to the
City, provided that such party (hereinafter referred to as the " assignee"), to the
extent of the sale, conveyance, assignment or other disposition by the Developer
to the assignee, shall be bound by the terms of this Agreement the same as the
Developer for such part of the Project as is subject to such sale, conveyance,
assignment or other disposition.
14.1.2 If the assignee of the Developer's right, title, interest and
obligations in and to the Project, or any part thereof assumes all of the
Developer's obligations hereunder for the Project, or that part subject to such sale,
conveyance, assignment or other disposition, then the Developer shall be released
from all such obligations hereunder which have been so assumed by the assignee,
and the City agrees to execute an instrument evidencing such release, which shall
be in recordable form.
14.1.3 An assignment of the Project, or any part thereof, by the Developer
to any corporation, limited partnership, limited liability company, general
partnership, or joint venture, in which the Developer (or an entity under common
control with Developer) has either the controlling interest or through a joint
venture or other arrangement shares equal management rights and maintains such
controlling interest or equal management rights shall not be deemed an
Item # 10
Attachment number 1 \nPage 8 of 10
assignment or transfer subject to any restriction on or approvals of assignments or
transfers imposed by this Agreement, provided, however, that notice of such
assignment shall be given by the Developer to the City not less than thirty (30)
days prior to such assignment being effective and the assignee shall be bound by
the terms of this Agreement to the same extent as would the Developer in the
absence of such assignment.
14.1.4 No assignee, purchaser, sublessee or acquirer of all or any part of
the Developer's rights and obligations with respect to any one Parcel shall in any
way be obligated or responsible for any of the Developer's obligations with
respect to any other Parcel by virtue of this Agreement unless and until such
assignee, purchaser, sublessee or acquire has expressly assumed the Developer's
such other obligations.
14.1.5 Notwithstanding any other provision of this paragraph, the sale of
individual Interval Ownership Units in the ordinary course of business shall not
be subject to the requirements of this paragraph.
14.2 Successors and Assigns. The terms herein contained shall bind and inure to
the benefit of the City, and its successors and assigns, and the Developer and, as
applicable to the parties comprising Developer, their personal representatives, trustees,
heirs, successors and assigns, except as may otherwise be specifically provided herein.
SECTION 15. Minor Non-Compliance. The Developer will not be deemed to
have failed to comply with the terms of this Agreement in the event such noncompliance,
in the judgment of the City Manager, reasonably exercised, is of a minor or
inconsequential nature.
SECTION 16. Covenant of Cooperation. The parties shall cooperate with and deal
with each other in good faith and assist each other in the performance of the provisions of
this Agreement and in achieving the completion of development of the Property.
SECTION 17. Approvals. Whenever an approval or consent is required under or
contemplated by this Agreement such approval or consent shall not be unreasonably
withheld, delayed or conditioned. All such approvals and consents shall be requested and
granted in writing.
SECTION 18. Completion of Agreement. Upon the completion of performance of
this Agreement or its revocation or termination, a statement evidencing such
completion, revocation or termination shall be signed by the parties hereto and recorded
in the official records of the City.
SECTION 19. Entire Agreement. This Agreement (including any and all
Exhibits attached hereto all of which are a part of this Agreement to the same extent as if
such Exhibits were set forth in full in the body of this Agreement), constitutes the entire
agreement between the parties hereto pertaining to the subject matter hereof.
Item # 10
Attachment number 1 \nPage 9 of 10
SECTION 20. Construction. The titles, captions and section numbers in this
Agreement are inserted for convenient reference only and do not define or limit the scope
or intent and should not be used in the interpretation of any section, subsection or
provision of this Agreement. Whenever the context requires or permits, the singular shall
include the plural, and plural shall include the singular and any reference in this
Agreement to the Developer includes the Developer's successors or assigns. This
Agreement was the production of negotiations between representatives for the City and
the Developer and the language of the Agreement should be given its plain and ordinary
meaning and should not be strictly construed against any party hereto based upon
draftsmanship. If any term or provision of this Agreement is susceptible to more than one
interpretation, one or more of which render it valid and enforceable, and one or more of
which would render it invalid or unenforceable, such term or provision shall be construed
in a manner that would render it valid and enforceable.
SECTION 21. Partial Invalidity. If any term or provision of this Agreement or the
application thereof to any person or circumstance is declared invalid or unenforceable,
the remainder of this Agreement, including any valid portion of the invalid term or
provision and the application of such invalid term or provision to circumstances other
than provision and the application of such invalid term or provision to circumstances
other than those as to which it is held invalid or unenforceable, shall not be affected
thereby and shall with the remainder of this Agreement continue unmodified and in full
force and effect. Notwithstanding the foregoing, if such responsibilities of any party
hereto are thereby limited, to the extent that the purpose of this Agreement or the benefits
sought to be received hereunder are frustrated, such party shall have the right to terminate
this Agreement upon fifteen (15) days written notice to the other parties.
SECTION 22. Code Amendments. Subsequently adopted ordinances and codes of
the City which is of general application not governing the development of land shall be
applicable to the Property, and such modifications are specifically anticipated in this
Agreement.
SECTION 23. Governing Law. This Agreement shall be governed by, and
construed in accordance with the laws of the State of Florida without regard to the
conflict of laws principles of such state.
SECTION 24. Counterparts. This Agreement may be executed in counterparts, all
of which together shall continue one and the same instruments.
SECTION 25. Amendment. This Agreement may be amended by mutual written
consent of the City and the Developer so long as the amendment meets the requirements
of the Act, applicable City ordinances, and Florida law.
Item # 10
Attachment number 1 \nPage 10 of 10
[remainder of this page is blank—signature page follows]
Item # 10
Attachment number 2 \nPage 1 of 5
Item # 10
Attachment number 2 \nPage 2 of 5
Item # 10
Attachment number 2 \nPage 3 of 5
Item # 10
Attachment number 2 \nPage 4 of 5
Item # 10
Attachment number 2 \nPage 5 of 5
Item # 10
Attachment number 3 \nPage 1 of 12
COMMUNITY DEVELOPMENT BOARD
PLANNING AND DEVELOPMENT DEPARTMENT
STAFF REPORT
MEETING DATE:
January 15, 2012
AGENDA ITEM:
D.2.
CASE:
FLD2012-11023 (Related to DVA2012-11001)
Flexible Development application to permit a 91-room overnight accommodation use in
REQUEST:
the Tourist (T) District with a lot area of 27,446 square feet (0.63 acres), a lot width of
83.97 feet along South Gulfview Boulevard, front (north) setbacks of zero feet (to
existing brick pavers), 0.8 feet (to existing covered wood deck), 8.1 feet (to proposed
structure), and 19.7 feet (to existing building); side (east) setbacks of zero feet (to
existing wood frame structure), 6.5 feet (to structure), and 10 feet (to existing building);
side (west) setbacks of zero feet (to proposed canopy), four feet (to existing pavement),
and 5.6 feet (to existing structure); rear (south) setbacks of zero feet (to existing brick
paver pool deck), 14 feet (to cover wood structure), and 26.6 feet (to existing building);
a building height of 49.5 feet (from Base Flood Elevation to top of roof); and five off-
street parking spaces as a Comprehensive Infill Redevelopment Project pursuant to
Community Development Code Section 2-803.D; and an increase in the maximum
allowable density through the allocation of 60 overnight accommodation units from the
Hotel Density Reserve created pursuant to Beach by Design; as well as a reduction to
the required foundation landscaping width along South Gulfview Boulevard from five
feet to zero feet as part of a Comprehensive Landscape Program pursuant to Community
Development Code Section 3-1202.G.
GENERAL DATA:
Northside Engineering Services, Inc. (Housh Ghovee and Renee Ruggiero)
Clearwater Grande Development, LLC
Applicant / Owner..............
655 South Gulfview Boulevard; located on the south side of South Gulfview Boulevard,
.......
approximately 894 feet west of Gulf Boulevard
0.63 Acres
Property ......
Resort Facilities High (RFH)
Future Land Use Plan
Tourist (T) District
Beach by Design (Clearwater Pass District)
Special Area Plan..............
Tourist (T) District
Adjacent Zoning... North:
Open Space/Recreation (OS/R) District
South:
Tourist (T) District
East:
Tourist (T) District
West:
Overnight Accommodations
Existing Land Use.............
Overnight Accommodations
Item # 10
D.2.
Attachment number 3 \nPage 2 of 12
PLANNING & DEVELOPMENT
Level II Flexible Development Application Review
DEVELOPMENT REVIEW DIVISION
ANALYSIS:
Site Location and Existing Conditions:
The 1.438 acre subject property is located on
the south side of South Gulfview Boulevard
approximately 894 feet west of Gulf Boulevard.
The subject property is currently developed
with a 91-room hotel (Quality Inn) and its
associated parking lot. The existing building is
located on the east side of the site and oriented
north/south.
Retail Sales and services uses are located to the
north of the subject property. The adjacent
property to the west consists of the Econo
Lodge hotel. The adjacent parcel to the east
LOCATION MAP
consists of the Continental Towers
condominium property. The land area to the south consists of a beach that overlooks Clearwater
Pass.
Development Proposal:
The subject property consists of a existing 91-
room hotel (Quality Inn) and its associated
parking lot on 62,620 square feet of lot area
(1.43 acres). The owners of the property
propose to complete a minor lot adjustment
561
separating the hotel building from its parking
lot to create two lots of record to allow for the
development of a new mid-priced hotel
(Hampton Inn & Suites on Parcel B; see
Agenda Item D.3). The existing Quality Inn
hotel will then be situated on a parcel of land
(Parcel A) with a lot width of 83.97 feet (along
691
South Gulfview Boulevard) and 27,446 square
ZONING MAP
feet in lot area (0.63 acres).
The existing Quality Inn has 91 hotel rooms that were approved in the . The proposal
is to bring the density of the existing hotel to conform to current Code provisions through the
Hotel Density Reserve. Based on current Code provisions which allow fifty hotel units per acre,
ninety-one hotel rooms on the subject parcel exceed the number of allowable hotel rooms on a
lot with 62,620 square feet; only seventy-one hotel rooms are permitted on the subject parcel.
The existing use on site is nonconforming in regards to allowable number of hotel units per acre.
After the proposed minor lot adjustment, the nonconformity will increase.
As noted above, the owners propose to reduce the acreage of the Quality Inn parcel to 0.63 acres
(Parcel A). That amount of land area allows for a maximum of 31 hotel rooms based on
maximum density standards. However, Beach by Design allows for a maximum of 100 hundred
Item # 10
Community Development Board January 15, 2013
FLD2012-11023 Page 1
Attachment number 3 \nPage 3 of 12
PLANNING & DEVELOPMENT
Level II Flexible Development Application Review
DEVELOPMENT REVIEW DIVISION
hotel rooms to be allocated through the Hotel
Density Reserve to any development with a lot
size of less than 2.5 acres. For this reason the
owners of the Quality Inn hotel are proposing a
91-unit overnight accommodation use at a density
of 144.44 units per acre, which includes the
allocation of 60 units from the Hotel Density
Reserve under Beach by Design.
Also on this CDB agenda is a companion
Development Agreement (DVA2013-11001) that
must be approved by City Council, which
provides for the allocation of the 60 units from
the Hotel Density Reserve.
EXISTING SURROUNDING USES
In regards to off-street parking spaces, the
existing Quality Inn and proposed Hampton Inn
& Suites will share 252 off-street parking spaces through a shared parking and access agreement.
The first five levels of the Hampton Inn building will be a parking garage. Guests of both hotels
will access the parking garage from South Gulfview Boulevard through a shared driveway to the
garage entrance. The ground level will have eight designated check-in parking spaces. A ground
floor elevator lobby in the parking garage will take Hampton Inn guests to the main lobby.
Quality Inn guests will exit the parking garage and walk under a new covered pedestrian
walkway across the shared driveway to its
stated that the developer plans to obtain temporary parking locations and a valet service for
Quality Inn guests during the construction of the Hampton Inn.
The applicant will remove the existing canopy to add a new canopy that will cover the walkway
between the Hampton Inn property and Quality Inn property. Other proposed changes to the
hotel include adding architectural elements such as architectural trim banding and bahama
shutters to the façades. They will also paint the exterior of the building using colors that support
the coastal vernacular theme as set forth in the Beach by Design Guidelines. The primary color
of the building will be a light beige (ambitious amber) with a white (modern white) accent color.
The new canopy roof will be standing seam metal material teal green in color. The blue roof
color of the IHOP restaurant will remain the same.
Density: Pursuant to the Countywide Future Land Use Plan and CDC Section 2-801.1, the
maximum density for properties with a designation of Resort Facilities High is 50 overnight
accommodation units per acre. Based on the proposed minor lot adjustment the Quality Inn
property will have 27,446 square feet of land area (0.63 acres) zoned Tourist District; a
maximum of 31 overnight accommodation units are permissible under current regulations. The
applicants are requesting 60 hotel rooms from the Hotel Density Reserve, adopted as an
amendment to Beach by Design under Ordinance 7925-08. The overall density for this project is
144.44 overnight accommodation units/rooms per acre, which is below the maximum of 150
units per acre established in Beach by Design for projects that have acquired units from the Hotel
Density Reserve.
Item # 10
Community Development Board January 15, 2013
FLD2012-11023 Page 2
Attachment number 3 \nPage 4 of 12
PLANNING & DEVELOPMENT
Level II Flexible Development Application Review
DEVELOPMENT REVIEW DIVISION
Impervious Surface Ratio (ISR): Pursuant to CDC Section 2-801.1, the maximum allowable
I.S.R. is 0.95. The proposed I.S.R. is 0.93, which is consistent with the Code provisions.
Minimum Lot Area and Width: Pursuant to CDC Table 2-803, there are no minimum lot area
and lot width for Comprehensive Redevelopment Infill Projects; however, for comparison
purposes the minimum lot area for overnight accommodations can range between 10,000
20,000 square feet. The proposed Quality Inn property will consist of 27,446 square feet of lot
area. Pursuant to the same Table, the minimum lot width for overnight accommodations can
range between 100 150 feet. The proposed minor lot adjustment will create a parcel with a lot
width of 83.97 feet along South Gulfview Boulevard.
Staff supports the proposed lot width. The minor lot adjustment will allow for the Hampton Inn
& Suites property to be built. The redevelopment project will result in a total of 252 off-street
parking spaces available for two mid-priced hotels on Clearwater Beach that comply with the
standard development requirements for the number of parking spaces (1.2 spaces per unit) for
each hotel. The main structures of the hotels will be separated by a distance of 28 feet.
Minimum Setbacks: Pursuant to CDC Table 2-803, there are no minimum front, side, and rear
setbacks for Comprehensive Redevelopment Infill Projects; however, for comparison purposes
the minimum front setback for overnight accommodations can range between 0 15 feet, the
minimum side setback can range between 0 10 feet, and the minimum rear setback can range
between 0 - 20 feet. The development proposal includes front (north) setbacks of zero feet (to
existing brick pavers), 0.8 feet (to existing covered wood deck), 8.1 feet (to proposed pavement),
and 19.7 feet (to existing building); side (east) setbacks of zero feet (to existing wood frame
structure), 6.5 feet (to pool deck), and 10 feet (to existing building); side (west) setbacks of zero
feet (to proposed canopy), four feet (to existing pavement), and 5.6 feet (to existing structure);
rear (south) setbacks of zero feet (to existing brick paver pool deck), 14 feet (to cover wood
structure), and 26.6 feet (to existing building).
The requested setbacks will facilitate a new parking garage as a part of the redevelopment on the
adjacent parcel which will improve the existing parking conditions for the hotel. The existing
Quality Inn hotel will share a total of 252 off-street parking spaces with the new hotel on Parcel
B. The overall project will result in a total of 207 mid-priced hotel rooms on the beach with on-
site parking that is in compliance with Code provisions. For this reason, Staff supports the
requested reductions to setbacks.
Maximum Building Height: Pursuant to CDC Table 2-803, there is no minimum height
requirement for Comprehensive Redevelopment Infill Project; however, for comparison
purposes, Beach by Design restricts the height of overnight accommodations prescribed by its
respective zoning district which in the T District allows a height for overnight accommodation to
range between 35 100 feet. There are no proposed changes to the height of the hotel through
this application. The existing building is 49.5 feet in height from Base Flood Elevation (BFE) to
the top of roof, which is below the Code maximum.
Item # 10
Community Development Board January 15, 2013
FLD2012-11023 Page 3
Attachment number 3 \nPage 5 of 12
PLANNING & DEVELOPMENT
Level II Flexible Development Application Review
DEVELOPMENT REVIEW DIVISION
Minimum Off-Street Parking: Pursuant to CDC Table 2-803, the minimum required parking for
overnight accommodations is 1.2 parking spaces per unit, or a minimum of 109 parking spaces
for the Quality Inn hotel with 91 hotel rooms.
The minor lot adjustment and proposed redevelopment project will result in only five surface
parking spaces on the subject property. However, the minor lot adjustment will create an
adjoining parcel allowing for the development of a fifteen story Hampton Inn & Suites. The first
five levels of the Hampton Inn & Suites will consist of a 245 space parking garage with an
additional two surface parking spaces while the Quality Inn site will have five surface parking
spaces for a total number of 252 off-street parking spaces for both properties. The hotels will
share these spaces through a shared parking and access agreement.
Located within the hotel is a 3,534 restaurant (IHOP) which includes an outdoor seating area that
is for the use of hotel guests as well as tourists and beach goers. The square footage of the
restaurant is less than 15 percent of the overall gross floor area of the hotel; therefore, as set forth
in CDC Section 2-803.I.11, no additional parking spaces are necessary. The number of parking
spaces required by the requested number of hotel rooms for the overall project is 248 parking
spaces at 1.2 parking spaces per room. The number of parking spaces provided for both hotels
exceeds the minimum number of spaces required by Code. The project will result in a total of
207 mid-priced hotel rooms on the beach with on-site parking that is in compliance with Code
provisions. Prior to the issuance of a certificate of Occupancy, the owners shall submit evidence
of a recorded shared parking, pedestrian, and access agreement between the Hampton Inn &
Suites and Quality Inn properties.
Mechanical Equipment: Pursuant to CDC Section 3-201.D.1, all outside mechanical equipment
must be screened so as not to be visible from public streets and/or abutting properties. No new
mechanical equipment is shown on the plans; however, if additional equipment is added later, it
will be reviewed at the time of submission for a building permit. The existing location and
screening of mechanical equipment complies with this Code provision.
Sight Visibility Triangles: Pursuant to CDC Section 3-904.A, to minimize hazards at the
driveways on, and the street intersection of South Gulfview Boulevard, no structures or
landscaping may be installed which will obstruct views at a level between 30 inches above grade
and eight feet above grade within 20-foot sight visibility triangles. Some existing landscaping
has been within the sight visibility triangle. These encroachments have been reviewed by the
the circumstances
of this site. Shrubbery planted within the sight visibility triangles will need to be maintained to
meet the Code requirements which specifies that landscaping will not obstruct views between 30
inches above grade and eight feet above grade.
Utilities: Pursuant to CDC Section 3-911, for development that does not involve a subdivision,
all utilities including individual distribution lines must be installed underground unless such
undergrounding is not practicable. Any changes to the electric and communication lines for this
hotel will be installed underground on-site in compliance with this requirement. The proposal
complies with this Code provision.
Item # 10
Community Development Board January 15, 2013
FLD2012-11023 Page 4
Attachment number 3 \nPage 6 of 12
PLANNING & DEVELOPMENT
Level II Flexible Development Application Review
DEVELOPMENT REVIEW DIVISION
Landscaping: Pursuant to CDC Section 3-1202.D, there are no perimeter buffers required in the
Tourist District for this overall site; however, pursuant to CDC Section 3-1202.E.2, foundation
plantings shall be provided for 100 percent of a building facade with frontage along a street
right-of-way, excluding space necessary for building ingress and egress, within a minimum five-
foot wide landscaped area.
The applicant requested a reduction to the foundation planting through a Comprehensive
Landscape program. The existing landscape foundation strip varies in width from five foot wide
to zero feet (0.8 inches) wide. The existing plantings are mature and consist of queen palm trees,
royal palm trees, and white fountain grasses. Staff believes the existing foundation plantings are
acceptable; however, the applicant shall restore and/or replace any unhealthy or dead
landscaping found within landscape strip with Florida Grade #1 plant material.
Solid Waste: The Quality Inn will utilize the trash room located on the first level of the
Hampton Inn & Suites parking garage. The trash room will be equipped with a garage door that
will allow Solid Waste access from South Gulfview Boulevard. The proposal has been found to
Signage: There is no sign request a part of this application; however, any future signage must
meet the requirements of Code and be architecturally integrated with the design of the building
with regard to proportion, color, material and finish and must be submitted to and approved by
Staff.
Additional Beach by Design Guidelines:
Beach by Design anticipates that properties located in the Clearwater Pass District will renovate
and revitalize in response to improving conditions on Clearwater Beach. This renovation of the
existing hotel and reconfiguration of the site is such a proposal. The proposed changes to the
subject property will remain consistent with surrounding development in this character district.
Section L.1 requires finish materials and building colors to reflect Florida or coastal vernacular
themes. The applicants propose to repaint the façade of the entire hotel to blend and be
compatible with the proposed Hampton Inn & Suites hotel. The colors of the building support the
coastal vernacular theme as set forth in the Beach by Design Guidelines. The primary color of
the building will be a light beige (Ambitious Amber) with a white (Modern White) accent color.
The various hotel roofs and canopy roof will be standing seam metal material teal green in color.
The blue roof color of the IHOP restaurant will remain the same.
Code Enforcement Analysis:
There are no outstanding Code Enforcement issues associated
with the subject property.
Item # 10
Community Development Board January 15, 2013
FLD2012-11023 Page 5
Attachment number 3 \nPage 7 of 12
PLANNING & DEVELOPMENT
Level II Flexible Development Application Review
DEVELOPMENT REVIEW DIVISION
COMPLIANCE WITH STANDARDS AND CRITERIA:
The following table depicts the
consistency of the development proposal with the standards as per CDC Section 2-801.1 and
Table 2-803 and beach by Design:
Standard Proposed Consistent Inconsistent
Density 50 units/rooms per acre 91 units/rooms (144.44 units room X
(max. of 40 per acre: requesting 60 rooms
units/rooms) through Beach by Design Hotel
Density Reserve)
Impervious Surface Ratio 0.95 0.93 X
Minimum Lot Area N/A 26,447sq. ft. X
Minimum Lot Width N/A 83.97 feet (along S. Gulfview) X
Minimum Setbacks Front : N/A North: zero feet (to pavers) X
0.8 feet (deck)
8.1 feet (to structure)
19.7 feet (to building)
Side: N/A West: zero feet (to wood X
structure)
6.5 feet (to structure)
8 feet (to building)
East: Zero feet (to pavement X
and planters)
13.4 feet (to building)
Rear: N/A South: Zero feet (to pavement X
planters)
2.9 feet (to pool deck)
14.6 feet (to pool)
20.6 feet (to building)
Maximum Height 150 feet from BFE 49.5 feet (from BFE) X
through Beach by
Design
Minimum
1
Off-Street Parking N/A 5 parking spaces X
- See discussion under Minimum Off-Street Parking section.
1
Item # 10
Community Development Board January 15, 2013
FLD2012-11023 Page 6
Attachment number 3 \nPage 8 of 12
PLANNING & DEVELOPMENT
Level II Flexible Development Application Review
DEVELOPMENT REVIEW DIVISION
COMPLIANCE WITH FLEXIBILITY CRITERIA:
The following table depicts the
consistency of the development proposal with the Flexibility criteria as per CDC Section 2-803.C
(Comprehensive Infill Redevelopment Project):
Consistent Inconsistent
1. The development or redevelopment is otherwise impractical without deviations from X
the use and/or development standards set forth in this zoning district.
2. The development or redevelopment will be consistent with the goals and policies of X
the Comprehensive Plan, as well as with the general purpose, intent and basic
planning objectives of this Code, and with the intent and purpose of this zoning
district.
3. The development or redevelopment will not impede the normal and orderly X
development and improvement of surrounding properties.
4. Adjoining properties will not suffer substantial detriment as a result of the proposed X
development.
5. The proposed use shall otherwise be permitted by the underlying future land use X
category, be compatible with adjacent land uses, will not substantially alter the
essential use characteristics of the neighborhood; and shall demonstrate compliance
with one or more of the following objectives:
a.The proposed use is permitted in this zoning district as a minimum standard,
flexible standard or flexible development use;
b.
economic base by diversifying the local economy or by creating jobs;
c.The development proposal accommodates the expansion or redevelopment of
an existing economic contributor;
d.The proposed use provides for the provision of affordable housing;
e.The proposed use provides for development or redevelopment in an area that is
characterized by other similar development and where a land use plan
amendment and rezoning would result in a spot land use or zoning designation;
or
f.The proposed use provides for the development of a new and/or preservation of
a working waterfront use.
6. Flexibility with regard to use, lot width, required setbacks, height and off-street X
parking are justified based on demonstrated compliance with all of the following
design objectives:
a.The proposed development will not impede the normal and orderly
development and improvement of the surrounding properties for uses permitted
in this zoning district;
b.The proposed development complies with applicable design guidelines adopted
by the City;
c.The design, scale and intensity of the proposed development supports the
established or emerging character of an area;
d.In order to form a cohesive, visually interesting and attractive appearance, the
proposed development incorporates a substantial number of the following
design elements:
Changes in horizontal building planes;
Use of architectural details such as columns, cornices, stringcourses,
pilasters, porticos, balconies, railings, awnings, etc.;
Variety in materials, colors and textures;
Distinctive fenestration patterns;
Building step backs; and
Distinctive roofs forms.
e.The proposed development provides for appropriate buffers, enhanced
landscape design and appropriate distances between buildings.
Item # 10
Community Development Board January 15, 2013
FLD2012-11023 Page 7
Attachment number 3 \nPage 9 of 12
PLANNING & DEVELOPMENT
Level II Flexible Development Application Review
DEVELOPMENT REVIEW DIVISION
COMPLIANCE WITH GENERAL STANDARDS FOR LEVEL TWO APPROVALS:
The
following table depicts the consistency of the overnight accommodation use with the General
Standards for Level Two Approvals as per CDC Section 3-914:
Consistent Inconsistent
1.The proposed development of the land will be in harmony with the scale, bulk, X
coverage, density and character of adjacent properties in which it is located.
2.The proposed development will not hinder or discourage development and use of X
adjacent land and buildings or significantly impair the value thereof.
3.The proposed development will not adversely affect the health or safety of persons X
residing or working in the neighborhood.
4.The proposed development is designed to minimize traffic congestion. X
5.The proposed development is consistent with the community character of the X
immediate vicinity.
6.The design of the proposed development minimizes adverse effects, including X
visual, acoustic and olfactory and hours of operation impacts on adjacent properties.
SUMMARY AND RECOMMENDATION:
The Development Review Committee (DRC) reviewed the application and supporting materials
at its meeting of December 6, 2012, and deemed the development proposal to be sufficient to
move forward to the Community Development Board (CDB), based upon the following findings
of fact and conclusions of law:
Findings of Fact
The Planning Department, having reviewed all evidence submitted by the applicant and
requirements of the Community Development Code, finds that there is substantial competent
evidence to support the following findings of fact:
1.The 1.438 acre subject property is located on the south side of South Gulfview Boulevard
approximately 894 feet west of Gulf Boulevard;
2.The subject property is currently developed with a 91-room hotel (Quality Inn) and its
associated parking lot;
3.That the subject property is located in the Tourist (T) District and the Resort High Facilities
(RFH) future land use plan category;
4.That the subject property is located in the Clearwater Pass District of Beach by Design and is
subject to all applicable requirements set forth therein;
5.The owners of the property propose to complete a minor lot adjustment separating the
Quality Inn hotel building from its parking lot to create two lots of record to allow for the
development of a Hampton Inn & Suites hotel;
6.The proposed Quality Inn parcel will have a lot width of 83.97 feet along South Gulfview
Boulevard and a lot area of 26,447 square feet;
7.The proposal is to bring the density of the existing hotel to conform with current Code
provisions through the Hotel Density Reserve;
8.The applicant proposes a mid-priced 91-unit overnight accommodation use at a density of
144.44 units/acre, which includes the allocation of 60 units from the Hotel Density Reserve
under Beach by Design;
Item # 10
Community Development Board January 15, 2013
FLD2012-11023 Page 8
Attachment number 3 \nPage 10 of 12
PLANNING & DEVELOPMENT
Level II Flexible Development Application Review
DEVELOPMENT REVIEW DIVISION
9.A companion Development Agreement (DVA2012-11001) that must be approved by City
Council is also on this CDB agenda is, providing for the allocation of the 60 units from the
Hotel Density Reserve;
10.The existing height of hotel is 49.5 feet from the Base Flood Elevation (BFE);
11.That the subject property will have five off-street parking spaces;
12.That the subject property will share a total of 252 off-street parking spaces and driveway
access with the proposed Hampton Inn & Suites property;
13.That the request includes reductions to the front (north) setbacks of zero feet (to existing
brick pavers), 0.8 feet (to existing covered wood deck), 8.1 feet (to proposed structure), and
19.7 feet (to existing building); side (east) setbacks of zero feet (to existing wood frame
structure), 6.5 feet (to structure), and 10 feet (to existing building); side (west) setbacks of
zero feet (to proposed canopy), four feet (to existing pavement), and 5.6 feet (to existing
structure); rear (south) setbacks of zero feet (to existing brick paver pool deck), 14 feet (to
cover wood structure), and 26.6 feet (to existing building)
14.That the maximum allowable I.S.R. is 0.95. The proposed I.S.R. is 0.93;
15.That the request includes a reduction to the required foundation landscaping width along
South Gulfview Boulevard from five feet to zero feet (0.8 inches);
16.There is no outstanding Code Enforcement issues associated with the subject property.
Conclusions of Law
The Planning and Development Department, having made the above findings of fact, reaches the
following conclusions of law:
1.That the development proposal is consistent with the Standards as per Community
Development Code Tables 2-801.1 and 2-803;
2.That the development proposal is consistent with the Flexibility criteria as per Community
Development Code Section 2-803.C;
3.That the development proposal is consistent with the General Standards for Level Two
Approvals as per Community Development Code Section 3-914.A;
4.That the development proposal is consistent with the Comprehensive Landscape Program as
per Community Development Code Section 3-1202.G;
5.That the development proposal is consistent with the Clearwater Pass character district of
Beach by Design; and
6.That the development proposal is consistent with the Design Guidelines of Beach by Design.
APPROVAL
Based upon the above, the Planning and Development Department recommends of
the Flexible Development approval to permit (1) a 91-room overnight accommodation use in the
Tourist (T) District with a lot area of 27,446 square feet (0.63 acres), a lot width of 83.97 feet
along South Gulfview Boulevard, front (north) setbacks of zero feet (to existing brick pavers),
0.8 feet (to existing covered wood deck), 8.1 feet (to proposed structure), and 19.7 feet (to
existing building); side (east) setbacks of zero feet (to existing wood frame structure), 6.5 feet (to
structure), and 10 feet (to existing building); side (west) setbacks of zero feet (to proposed
canopy), four feet (to existing pavement), and 5.6 feet (to existing structure); rear (south)
setbacks of zero feet (to existing brick paver pool deck), 14 feet (to cover wood structure), and
26.6 feet (to existing building); a building height of 49.5 feet (from base Flood Elevation to top
of roof); and five off-street parking spaces as a Comprehensive Infill Redevelopment Project,
under the provisions of Community Development Code Section 2-803.D; and (2) Increase in the
Item # 10
Community Development Board January 15, 2013
FLD2012-11023 Page 9
Attachment number 3 \nPage 11 of 12
PLANNING & DEVELOPMENT
Level II Flexible Development Application Review
DEVELOPMENT REVIEW DIVISION
permitted density by the allocation of 60 overnight accommodation units from the Hotel Density
Reserve created pursuant to Beach by Design as well as a reduction to the required foundation
landscaping width along South Gulfview Boulevard from five feet to zero feet as part of a
Comprehensive Landscape Program, under the provisions of the Community Development Code
Section 3-1202.G., subject to the following conditions of approval:
Conditions of Approval:
1.That approval of this Flexible Development application is subject to the approval of a
Development Agreement with the City (Case DVA2012-11001);
2.That prior to the issuance of any permit, a minor lot adjustment shall be recorded and
submitted consistent with the site plans approved by the Community Development Board;
3.That a demolition permit be obtained for the removal of any structures part of the Quality Inn
redevelopment proposal;
4.That no permits be issued for the Quality Inn property until appropriate cross access and
shared parking agreements serving the Hampton Inn & Suites property and the Quality Inn
property (FLD2012-11024/DVA2012-11002) are recorded in the public records;
5.That prior to the issuance of a Certificate of Occupancy, cross easements for drainage, fire
systems, maintenance etc. be recorded in the public records;
6.That the final design and color of the building be consistent with the elevations approved by
the CDB;
7.That any future freestanding signage must be monument-style meeting Code requirements
and be designed to match exterior materials and color of the building. Any proposed signage
for the hotel shall be reviewed and approved by Staff through a separate sign permit;
8.That the books and records pertaining to use of each hotel room be open for inspection by
authorized representatives of the City, upon reasonable notice, in order to confirm
compliance with the Hotel Density Reserve criteria of Beach by Design as allowed by
general law;
9.That prior to the issuance of a Certificate of Occupancy, a hurricane evacuation plan for the
Quality Inn hotel be submitted and approved by the City for all Guests;
10.That prior to the issuance of any building permits, the location and visibility of electric
equipment (electric panels, boxes and meters) be reviewed and, if located exterior to the
building where visible from any street frontage, be painted the same color as the portion of
the building to which such features are attached;
11.That prior to the issuance of any building permits, all requirements of General Engineering,
Stormwater Engineering, Traffic Engineering, and the Fire Department be addressed;
12.That prior to the issuance of any building permits, the Fire Department may require the
provision of a Water Study performed by a Fire Protection Engineer in order to ensure that an
adequate water supply is available and to determine if any upgrades are required by the
developer due to the impact of the project. The water supply must be able to support the
needs of any required fire sprinkler, standpipe and/or fire pump. If a fire pump is required,
then the water supply must be able to supply 150% of its rated capacity;
13.That prior to the issuance of any Certificate of Occupancy, all utilities, including any
individual distribution lines serving this development within the right-of-way along the east
side of South Gulfview Boulevard must be installed underground.
Item # 10
Community Development Board January 15, 2013
FLD2012-11023 Page 10
Attachment number 3 \nPage 12 of 12
PLANNING & DEVELOPMENT
Level II Flexible Development Application Review
DEVELOPMENT REVIEW DIVISION
Prepared by Planning and Development Department Staff:
Kevin W. Nurnberger, Planner III
ATTACHMENTS: Photographs of Site and Vicinity
Item # 10
Community Development Board January 15, 2013
FLD2012-11023 Page 11
Attachment number 4 \nPage 1 of 1
Item # 10
Attachment number 5 \nPage 1 of 6
Item # 10
Attachment number 5 \nPage 2 of 6
Item # 10
Attachment number 5 \nPage 3 of 6
Item # 10
Attachment number 5 \nPage 4 of 6
Item # 10
Attachment number 5 \nPage 5 of 6
Item # 10
Attachment number 5 \nPage 6 of 6
Item # 10
Attachment number 6 \nPage 1 of 3
Exhibit ÅCÆ
COVENANT REGARDING HURRICANE EVACUATION
And DEVELOPMENT, USE AND OPERATION
DECLARATION OF COVENANTS AND RESTRICTIONS
THIS DECLARATION OF COVENANTS AND RESTRICTIONS
("Declaration") is made as of the _____ day of ________, 2012, by Clearwater Grande
Holdings LLC ("Developer").
Developer is the owner of fee simple title to the real property
Schedule 1 attached hereto and made a part hereof (hereinafter, the (" Real Property").
The City of Clearwater, Florida (the "City"), has amended its Comprehensive Plan to
designate Clearwater Beach as a Community Redevelopment District pursuant to the
Pinellas County Planning Council Rules in order to implement the
by Design," a plan for the revitalization of Clearwater Beach. The designation of
Clearwater Beach as a Community Redevelopment District (the "Designation") provides
for the allocation of Hotel Density Reserve Units as an incentiv
mid-sized quality hotels. Pursuant to the Designation, the allocation of Hotel Density
Reserve Units is subject to compliance with a series of performance standards, including
a requirement that resorts containing a hotel developed with Hotel Density Reserve Units
shall be closed and all Guests evacuated from such resorts as soon as practicable after the
National Hurricane Center posts a hurricane watch that includes Clearwater Beach. The
purpose of such evacuation is to ensure that such a Resort Hotel is evacuated in advance
of the period of time when a hurricane evacuation would be expected in advance of the
approach of hurricane force winds.
The City has granted, by City Council Resolution ____, passed and approved on
___ _____, 2012, Developer's application for Hotel Density Reserve Units pursua
the Designation, subject to Developer's compliance with the requirements of the
Designation. Developer desires for itself, and its successors an
establish certain rights, duties, obligations and responsibilitiuse and
operation of the Real Property in accordance with the terms and
allocation of the Hotel Density Reserve Units to the City and th
rights, duties, obligations and responsibilities shall be binding on any and all successors
and assigns and will run with the title to the Real Property.
THEREFORE, in consideration of the covenants and restrictions here in set forth
and to be observed and performed, and in further consideration of the allocation of Hot
Density Reserve Units to Developer, and other good and valuable consideration, the
sufficiency of which is hereby acknowledged, Developer hereby de
agrees as follows:
1. Benefit and Enforcement. These covenants and restrictions are made
for the benefit of Developer and its successors and assigns and shall
Item # 10
Attachment number 6 \nPage 2 of 3
them and also for the benefit of the residents of the City and s
behalf of said residents by the City Council of the City.
2. Covenant of Development, Use and Operation. Developer hereby
covenants and agrees to the development, use and operation of the Real Property in
accordance with the provisions of this Declaration.
2. 1 Use. The use of the resort on the Real Property is restricted as
follows:
2.1.1 A minimum of Sixty-Three units, which is the number of
hotel units allocated to Developer, shall be used solely for transient
occupancy of one month or thirty (30) consecutive days or less,
must be licensed as a public lodging establishment and classified
as a hotel, and must be operated by a single licensed operator of
the hotel. No such hotel unit shall be used as a primary or
permanent residence.
2.1.2 All other 31 units shall be licensed as a public lodging
establishment. No unit shall be used as a primary or permanent
residence.
2.1.3 As used herein, the terms "transient occupancy,Æ "public
lodging establishment," " hotel," and "operator" shall have the
meaning given to such terms in Chapter 509, Part I, Florida
Statutes (2004).
2.2 Closure of Improvements and Evacuation. The Hotel developed on the
Rea1 Property shall be closed as soon as practicable upon the is
watch by the National Hurricane Center, which hurricane watch includes Clearwater
Beach, and all Hotel guests, visitors and employees other than emergency and security
personnel required to protect the resort, shall be evacuated fro
practicable following the issuance of said hurricane watch. In the event tha
Hurricane Center shall modify the, terminology employed to warn of the approach of
hurricane force winds, the closure and evacuation provisions of this Declaration shall be
governed by the level of warning employed by the National Hurric
precedes the issuance of a forecast of probable landfall in order to ensure that the guests,
visitors, and employees will be evacuated in advance of the issuance of a forecast of
probable landfall.
3 Effective Date. This Declaration shall become effective upon issuance of
all building permits required to build the project ("Project"). This Declaration shall expire
and terminate automatically if and when the allocation of Reserve Units to the Developer
expires or is terminated.
Item # 10
Attachment number 6 \nPage 3 of 3
4 Governing Law. This Declaration shall be construed in accordance with
and governed by the laws of the State of Florida.
5 Recording. This Declaration shall be recorded in the chain of title of the
Real Property with the Clerk of the Courts of Pinellas County, F
6 Attornevs' Fees. Developer shall reimburse the City for any expenses,
including reasonable attorneys' fees, which are incurred by the
City determines that it is necessary and appropriate to seek judicial enforcement of thi
Declaration and the City obtains relief, whether by agreement of the parties or thro
order of a court of competent jurisdiction.
7 Severabilitv. If any provision, or part thereof, of this Declaration or
the application of this Declaration to any person or circumstance will be or is declared to
any extent to be invalid or unenforceable, the remainder of this Declaration, o
application of such provision or portion thereof to any person o
be affected thereby, and each and every other provision of this Declaration shall be valid
and enforceable to the fullest extent permitted by law.
[Remainder of this page is blankÄsignature page follows]
Item # 10
Item # 10
Attachment number 9 \nPage 1 of 1
Item # 10
Meeting Date:
2/19/2013
Work Session
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Approve a Development Agreement between Clearwater Grande Development, LLC (the property owner) and the City of Clearwater,
providing for the allocation of 76 units for an overnight accommodation from the Hotel Density Reserve and a building height of 150 feet
(from base flood elevation) under Beach by Design; adopt Resolution 13-02 and authorize the appropriate to execute same.
SUMMARY:
The 0.80-acre subject property (Parcel B) is located on the south side of South Gulfview Boulevard, approximately 977.97
feet west of Gulf Boulevard in the Tourist (T) District and Clearwater Pass character district in Beach by Design. The subject
property is presently a part of a larger 1.438-acre parcel that will be separated into two parcels (Parcels A and B) through the
minor lot line adjustment process.
Presently, the site consists of the 91-room Quality Inn and its associated off-street parking lot. These two elements will be
separated from one another as Parcels A and B, with a new 15-story, 116-room, mid-sized hotel (Hampton Inn and Suites)
being constructed on parcel B. The first five levels of the Hampton Inn and Suites hotel will be a 245-space parking garage.
These parking spaces, as well as seven additional surface spaces, will be shared between the subject property and the
adjacent/existing Quality Inn property through a permanent cross access and shared parking agreement.
The proposed density of this new 116-room hotel (which includes the allocation of 76 rooms from the Hotel Density
Reserve) is 143.74 rooms per acre. The proposed height is 150 feet (to top of roof slab). Both the density and height
proposed are consistent with the provisions of Beach by Design.
On January 15, 2013, the Community Development Board (CDB) approved the Flexible Development application
(FLD2012-11024) associated with the construction of this new hotel subject to 19 conditions of approval.
The proposed Development Agreement is in compliance with the standards for Development Agreements, is consistent with
the Comprehensive Plan and furthers the vision of beach redevelopment set forth in Beach by Design. The proposed
Development Agreement will be in effect for a period not to exceed twenty (20) years, meets the criteria for the allocation of
units from the Hotel Density Reserve under Beach by Design and includes the following main provisions:
Provides for the allocation of 76 units from the Hotel Density Reserve;
Requires the developer to obtain building permits and certificates of occupancy in accordance with Community
Development Code (CDC) Section 4-407;
Requires the return of any hotel unit obtained from the Hotel Density Reserve that is not constructed;
Prohibits the conversion of any hotel unit to a residential use and requires the recording of a covenant restricting use of
such hotel units to overnight accommodation usage;
Requires a legally enforceable mandatory evacuation/closure covenant that the hotel will be closed as soon as
practicable after a hurricane watch that includes Clearwater Beach is posted by the National Hurricane Center; and
Requires that the development comply with the Metropolitan Planning Organizations (MPO) countywide approach to
the application of concurrency management for transportation facilities.
The Community Development Board reviewed this Development Agreement (DVA2012-11002) at its public hearing on
January 15, 2013, and unanimously recommended its approval.
Cover Memo
Item # 11
Review Approval:
1) Legal 2) Clerk 3) Assistant City Manager 4) City Manager 5) Clerk
Attachment number 1 \nPage 1 of 10
Proposed Development Agreement
THIS DEVELOPMENT AGREEMENT (“AGREEMENT”) is dated the ____ day
of _______, 201_ and entered into between Clearwater Grande Holdings LLC, a Florida
limited liability company (“Developer”), its successors and assigns, and the CITY OF
CLEARWATER, FLORIDA, a municipality of the State of Florida acting though its City
Council, the governing body thereof (“City”).
Recitals:
WHEREAS, one of the major elements of the City’s revitalization effort is a
preliminary plan for the revitalization of Clearwater Beach entitled Beach by Design; and
WHEREAS, Sections 163.3220 – 163.3243, Florida Statutes which set forth the
Florida Local Government Development Agreement Act (“Act”), authorize the City to
enter into binding development agreements with persons having a legal or equitable
interest in real property located within the corporate limits of the City; and
WHEREAS, under Section 163.3223 of the Act, the City has adopted Section 4-
606 of the City of Clearwater Community Development Code (“Code”), establishing
procedures and requirements to consider and enter into development agreements; and
WHEREAS, Beach by Design proposed additional hotel units to equalize
development opportunities on the beach and ensure Clearwater Beach remains a quality,
family resort community by further providing for a limited pool of additional hotel units
(“Hotel Density Reserve”) to be made available for such mid-sized hotel projects; and
WHEREAS, the Developer owns and controls approximately 0.81 acres of real
property (“Property”) in the corporate limits of the City, consisting of 0.81 acres of
upland from the face of the seawall more particularly described on Exhibit “A” as Parcel
“B” attached hereto and incorporated herein; and
WHEREAS, the Developer desires to develop Parcel B by constructing 116
overnight accommodation units, a parking garage, a lobby, a ground level pool, and a bar;
all of which will generally conform to the architectural elevation dimensions shown in
composite Exhibit “B”; and
WHEREAS, upon completion the planned hotel will contain 116 units, which
includes seventy-six (76) units from the available Beach by Design Hotel Density
Reserve; and
WHEREAS, the city has conducted such hearings as are required by and in
accordance with Chapter 163.3220 Fla. Stat. (2011) and any other applicable law; and
Item # 11
Attachment number 1 \nPage 2 of 10
WHEREAS, the city has determined that, as of the Effective Date of this
Agreement the proposed project is consistent with the City’s Comprehensive Plan and
Land Development Regulations; and
§§
WHEREAS, the City has conducted public hearings as required 4-206 and 4-
606 of the Community Development Code; and
WHEREAS, at a duly called public meeting on ________, the City Council
approved this Agreement and authorized and directed its execution by the appropriate
officials of the City; and
WHEREAS, the Community Development Board approved the design and site
plan as a Flexible Development on _______, conditioned upon the approval and
execution of this Agreement; and
WHEREAS, approval of this agreement is in the interests of the City in
furtherance of the City’s goals of enhancing the viability of the resort community and in
furtherance of the objectives of Beach by Design; and
WHEREAS, Developer has approved this Agreement and duly authorized certain
individuals to execute this Agreement on Developer’s behalf.
STATEMENT OF AGREEMENT
In consideration of and in reliance upon the premises, the mutual covenants
contained herein, and other good and valuable consideration, the receipt and sufficiency
of which are hereby acknowledged, the parties hereto intending to be legally bound and
in accordance with the Act, agree as follows:
SECTION 1. Recitals. The above recitals are true and correct and are a part of this
Agreement.
SECTION 2. Incorporation of the Act. This Agreement is entered into in
compliance with and under the authority of the Code and the Act, the terms of which as
of the date of this Agreement are incorporated herein by this reference and made a part of
this Agreement. Words used in this Agreement without definition that are defined in the
Act shall have the same meaning in this Agreement as in the Act.
SECTION 3. Property Subject to this Agreement. The Property described in
Exhibit “A” is subject to this Agreement (“Property”).
3.1 The Property currently has a land use designation of Resort Facilities High
(RFH) and is zoned Tourist (T).
3.2 The Property is owned in fee simple by the Developer.
Item # 11
Attachment number 1 \nPage 3 of 10
3.3 The Property is generally located at 635 S Gulfview Blvd, Clearwater, FL
33767; adjacent to the existing Quality Inn Hotel.
SECTION 4. Scope of Project.
4.1 The Project (“Project”) shall consist of no more than 116 overnight
accommodation units, to be traditional overnight accommodation units. The proposed
density is 143.74 units per acre, which is below the allowed 150 units.
4.2 The Project shall include 252 parking spaces, as defined in the Community
Development code, of which 245 will be provided by a parking garage with 7 additional
surface spaces being provided adjacent to the parking garage. The parking garage, its
accesses, and the surface spaces will be shared with the existing adjacent Quality Hotel
site and contains sufficient parking for both hotels. (See 6.1.4)
4.3 The proposed heights of the building are 150’ to the roof deck from base
flood elevation (BFE), 156’-2 13/16” to the midpoint of the mechanical room mansard
from BFE and 166’ to the top of elevator tower from BFE.
4.4 The design of the Project, as represented in Exhibit “B”, is consistent with
Beach by Design.
4.5 The project shall comply with the Metropolitan Planning Organization
(MPO) countywide approach to the application of concurrency management for
transportation facilities.
SECTION 5. Effective Date/Duration of this Agreement.
5.1 This Agreement shall not be effective until this Agreement is properly
recorded in the public records of Pinellas County, Florida and thirty (30) days have
elapsed after having been received by the Department of Economic Opportunity pursuant
to Florida Statutes Section 163.3239 and Clearwater Community Development Code
Section 4-606.G. 2 (the “Effective Date”).
5.2 Within fourteen (14) days after the City approves the execution of this
Agreement, the City shall record the Agreement with the Clerk of the Circuit Court for
Pinellas County. The Developer shall pay the cost of such recording. The City Shall
submit to the Department of Economic Opportunity a copy of the recorded Agreement
within fourteen (14) days after the Agreement is recorded.
5.3 This Agreement shall continue in effect until terminated, as defined
herein, but for a period not to exceed twenty (20) years.
SECTION 6. Obligations under this Agreement.
6.1 Obligations of the Developer:
Item # 11
Attachment number 1 \nPage 4 of 10
6.1.1 The obligations under this Agreement shall be binding upon and
the benefits of this Agreement shall inure to the Developer, its successors in
interests or assigns.
6.1.2 At the time of development of the Property, the Developer will
submit such applications and documentation as are required by law and shall
comply with the City’s Code applicable at the time of building permit review.
6.1.3 The following restrictions shall apply to development of the
Property:
6.1.3.1 The Property and improvements located thereon
shall be developed in substantial conformance with the Site and Building Plans
attached as Exhibit “B” and approved by the Community Development Board
(“CDB”) as case number __________. Any minor revisions or changes to the Site
Plan shall consistent with the approved Site Plan and shall be approved by the
Planning Director as a minor modification, pursuant to the Code. Any
modifications determined by the Planning Director as either inconsistent with the
approved Site Plan or constituting a substantial deviation from the approved Site
Plan and thus requiring further approval by the CDB shall require an amendment
to this Agreement in accordance with the procedures of the Act and the Code, as
necessary and applicable. Any and all such approved and adopted amendments
shall be recorded in the public records of Pinellas County, Florida
6.1.3.2 The Developer shall obtain building permits within
one (1) year of the date of this Agreement (the “Initial Term”), and shall
thereafter timely obtain required certificates of occupancy, in accordance with
Code Section 4-407. Nothing herein shall restrict Developer from seeking an
extension of these time frames pursuant to applicable provisions of the Code and
of the Florida Building Code or from seeking an amendment to this agreement.
6.1.3.3 The Developer shall execute, prior to
commencement, a mandatory evacuation/closure covenant, substantially in the
form of Exhibit “C” that the accommodation use will be closed as soon as
practicable after a hurricane watch that includes Clearwater Beach is posted by
the National Hurricane Center.
6.1.4Shared Facilities. The proposed Hampton Inn site (Parcel “B”) and
the adjacent existing Quality Hotel site (Parcel “A”) shall share parking facilities,
waste facilities, sidewalks and other areas as needed. The two properties shall
enter into appropriate shared facilities agreements and easements in a form
acceptable to the city. Once the agreements are in a form acceptable to the city
they shall be executed and recorded.
Item # 11
Attachment number 1 \nPage 5 of 10
6.1.5Allocation of Units from Hotel Density Reserve;Return of Units to
the Reserve Pool.Covenant Regarding Use of Hotel Density Reserve Units.
Subject to the terms and conditions of this Agreement, the City hereby allocates
and grants to the Developer from the Hotel Density Reserve an additional 76 hotel
units to the Project Site in accordance with applicable law. In the event this
Agreement is terminated pursuant to Section 10 of this Agreement, or if any of
the units granted to the Developer from the Hotel Density Reserve are not
constructed in conjunction with the Project approved by City and in accordance
with Paragraph 6.1.3.2, or if any units or the Project fail to meet and maintain the
criteria for Hotel Density Reserve Units contained in the City of Clearwater
Ordinance No. 7925-08, as amended, said units shall be returned to the Hotel
Density Reserve and be unavailable to the Developer for use on the Project,
pursuant to Beach by Design. Prior to the issuance of the Certificate of Occupancy
for the Project, the Developer agrees to execute and record a Covenant in the
Public Records of Pinellas County, Florida restricting the Hotel Density Reserve
Units in perpetuity to the use approved by City and by this Agreement.
6.1.6Transient Use. Occupancy in the overnight accommodation units
from the Hotel Density Reserve is limited to a term of one (1) month or thirty-
one 31) consecutive days, whichever is less. Nothing herein shall prevent a
purchaser of a fractional share unit from owning a period of time greater than
thirty-one (31) days, provided every occupancy is limited to a term of one (1)
month or thirty-one (31) consecutive days, whichever is less.
6.2 Obligations of the City.
6.2.1 The City shall promptly process site and construction plan
applications for the Property that are consistent with the Comprehensive Plan and
the Concept Plan and that meet the requirements of the Code.
6.2.2 Upon adoption of this Agreement, the Project shall receive 76 units
from the Hotel Density Reserve as defined in Beach by Design
SECTION 7. Public Facilities to Service Development. The following public
facilities are presently available to the Property from the sources indicated below.
Development of the Property will be governed by the concurrency ordinance provisions
applicable at the time of development approval unless otherwise provided by law. With
respect to transportation and other public infrastructure and services subject to
concurrency requirements, the City of Clearwater finds that all applicable concurrency
provisions for the proposed development have been met.
7.1 Potable water is currently available from the City of Clearwater. The
Developer shall beresponsible for all necessary main extensions and applicable
connection fees.
Item # 11
Attachment number 1 \nPage 6 of 10
7.2 Sewer service is currently available from the City of Clearwater. The
Developer shall be responsible for all necessary main extensions and applicable
connection fees.
7.3 Fire protection services shall be provided by the City of Clearwater.
7.4 Drainage facilities for the Property will be provided by the Developer at
the Developer's sole expense.
7.5 Transportation concurrency requirements have been met.
7.6 All improvements associated with the public facilities identified in
Subsections 7.1through 7.4 shall be completed prior to the issuance of any certificate of
Occupancy.
7.7 The Developer is responsible for the payment of any required impact fees.
SECTION8. Required Local Government Permits. The required government
development permits for development of the Property include, without limitation, the
following:
8.1 Site plan approval(s) and associated utility licenses, access, and right-of-
way utilization permits;
8.2 Construction plan approval(s);
8.3 Building permit(s); and
8.4 Certificate(s) of occupancy.
SECTION 9. Consistency. The City finds that development of the Property is
consistent with the terms of this Agreement and is consistent with the City
Comprehensive Plan and the Code.
SECTION 10. Termination. If the Developer's obligations set forth in this
Agreement are not followed in a timely manner, as reasonably determined by the City
Manager, after notice to the Developer and an opportunity to be heard, existing permits
shall be administratively suspended and issuance of new permits suspended until the
Developer has fulfilled its obligations. Failure to timely fulfill its obligations may serve
as a basis for termination of this Agreement by the City, at the discretion of the City and
after notice to the Developer and an opportunity for the Developer to be heard.
SECTION 11. Other Terms and Conditions.
Item # 11
Attachment number 1 \nPage 7 of 10
11.1 Except in the case of termination, until twenty (20) years after the date of
this Agreement, the Property shall not be subject to down-zoning, unit density reduction,
or intensity reduction, unless the City has held a public hearing and determined:
11.1.1 That substantial changes have occurred in pertinent conditions
existing at the time of approval of this Agreement; or
11.1.2 This Agreement is based on substantially inaccurate information
provided by the Developer; or
11.1.3 That the change is essential to the public health, safety, or welfare.
SECTION 12. Compliance with Law. The failure of this Agreement to address
any particular permit, condition, term or restriction shall not relieve the Developer from
the necessity of complying with the law governing such permitting requirements,
conditions, terms or restrictions.
SECTION 13. Notices. Notices and communications required or desired to be
given under this Agreement shall be given to the parties by hand delivery, by nationally
recognized overnight courier service such as Federal Express, or by certified mail, return
receipt requested, addressed as follows (copies as provided below shall be required for
proper notice to be given):
If to the Developer: Clearwater Grande Holdings LLC
20001 Gulf Blvd.
Indian Shores, FL 33785
With Copy to: Northside Engineering Services, Inc
300 South Belcher
Clearwater, FL 33765
If to City: City of Clearwater, City Attorney
ATTN: _______________
112 South Osceola Avenue
Clearwater, FL 33756
Properly addressed, postage prepaid, notices or communications shall be deemed
delivered and received on the day of hand delivery, the next business day after deposit
with an overnight courier service for next day delivery, or on the 3rd day following
deposit in the United States mail, certified mail, return receipt requested. The parties may
change the addresses set forth above (including the addition of a mortgagee to receive
copies of all notices),by notice in accordance with this Section.
SECTION 14. Assignments.
14.1 By the Developer:
Item # 11
Attachment number 1 \nPage 8 of 10
14.1.1 Prior to the Commencement Date, the Developer may sell, convey,
assign or otherwise dispose of any or all of its right, title, interest and obligations
in and to the Project, or any part thereof, only with the prior written notice to the
City, provided that such party (hereinafter referred to as the " assignee"), to the
extent of the sale, conveyance, assignment or other disposition by the Developer
to the assignee, shall be bound by the terms of this Agreement the same as the
Developer for such part of the Project as is subject to such sale, conveyance,
assignment or other disposition.
14.1.2 If the assignee of the Developer's right, title, interest and
obligations in and to the Project, or any part thereof assumes all of the
Developer's obligations hereunder for the Project, or that part subject to such sale,
conveyance, assignment or other disposition, then the Developer shall be released
from all such obligations hereunder which have been so assumed by the assignee,
and the City agrees to execute an instrument evidencing such release, which shall
be in recordable form.
14.1.3 An assignment of the Project, or any part thereof, by the Developer
to any corporation, limited partnership, limited liability company, general
partnership, or joint venture, in which the Developer (or an entity under common
control with Developer) has either the controlling interest or through a joint
venture or other arrangement shares equal management rights and maintains such
controlling interest or equal management rights shall not be deemed an
assignment or transfer subject to any restriction on or approvals of assignments or
transfers imposed by this Agreement, provided, however, that notice of such
assignment shall be given by the Developer to the City not less than thirty (30)
days prior to such assignment being effective and the assignee shall be bound by
the terms of this Agreement to the same extent as would the Developer in the
absence of such assignment.
14.1.4 No assignee, purchaser, sublessee or acquirer of all or any part of
the Developer's rights and obligations with respect to any one Parcel shall in any
way be obligated or responsible for any of the Developer's obligations with
respect to any other Parcel by virtue of this Agreement unless and until such
assignee, purchaser, sublessee or acquire has expressly assumed the Developer's
such other obligations.
14.1.5 Not with standing any other provision of this paragraph, the sale of
individual Interval Ownership Units in the ordinary course of business shall not
be subject to the requirements of this paragraph.
14.2Successors and Assigns. The terms herein contained shall bind and inure to
the benefit of the City, and its successors and assigns, and the Developer and, as
applicable to the parties comprising Developer, their personal representatives, trustees,
heirs, successors and assigns, except as may otherwise be specifically provided herein.
Item # 11
Attachment number 1 \nPage 9 of 10
SECTION 15. Minor Non-Compliance. The Developer will not be deemed to
have failed to comply with the terms of this Agreement in the event such noncompliance,
in the judgment of the City Manager, reasonably exercised, is of a minor or
inconsequential nature.
SECTION 16. Covenant of Cooperation. The parties shall cooperate with and deal
with each other in good faith and assist each other in the performance of the provisions of
this Agreement and in achieving the completion of development of the Property.
SECTION 17. Approvals. Whenever an approval or consent is required under or
contemplated by this Agreement such approval or consent shall not be unreasonably
withheld, delayed or conditioned. All such approvals and consents shall be requested and
granted in writing.
SECTION 18. Completion of Agreement. Upon the completion of performance of
this Agreement or its revocation or termination, a statement evidencing such
completion, revocation or termination shall be signed by the parties hereto and recorded
in the official records of the City.
SECTION 19. Entire Agreement. This Agreement (including any and all
Exhibits attached hereto all of which are a part of this Agreement to the same extent as if
such Exhibits were set forth in full in the body of this Agreement), constitutes the entire
agreement between the parties hereto pertaining to the subject matter hereof.
SECTION 20. Construction. The titles, captions and section numbers in this
Agreement are inserted for convenient reference only and do not define or limit the scope
or intent and should not be used in the interpretation of any section, subsection or
provision of this Agreement. Whenever the context requires or permits, the singular shall
include the plural, and plural shall include the singular and any reference in this
Agreement to the Developer includes the Developer's successors or assigns. This
Agreement was the production of negotiations between representatives for the City and
the Developer and the language of the Agreement should be given its plain and ordinary
meaning and should not be strictly construed against any party hereto based upon
draftsmanship. If any term or provision of this Agreement is susceptible to more than one
interpretation, one or more of which render it valid and enforceable, and one or more of
which would render it invalid or unenforceable, such term or provision shall be construed
in a manner that would render it valid and enforceable.
SECTION 21. Partial Invalidity. If any term or provision of this Agreement or the
application thereof to any person or circumstance is declared invalid or unenforceable,
the remainder of this Agreement, including any valid portion of the invalid term or
provision and the application of such invalid term or provision to circumstances other
than provision and the application of such invalid term or provision to circumstances
other than those as to which it is held invalid or unenforceable, shall not be affected
thereby and shall with the remainder of this Agreement continue unmodified and in full
Item # 11
Attachment number 1 \nPage 10 of 10
force and effect. Notwithstanding the foregoing, if such responsibilities of any party
hereto are thereby limited, to the extent that the purpose of this Agreement or the benefits
sought to be received hereunder are frustrated, such party shall have the right to terminate
this Agreement upon fifteen (15) days written notice to the other parties.
SECTION 22. Code Amendments. Subsequently adopted ordinances and codes of
the City which is of general application not governing the development of land shall be
applicable to the Property, and such modifications are specifically anticipated in this
Agreement.
SECTION 23. Governing Law. This Agreement shall be governed by, and
construed in accordance with the laws of the State of Florida without regard to the
conflict of laws principles of such state.
SECTION 24. Counterparts. This Agreement may be executed in counterparts, all
of which together shall continue one and the same instruments.
SECTION 25. Amendment. This Agreement may be amended by mutual written
consent of the City and the Developer so long as the amendment meets the requirements
of the Act, applicable City ordinances, and Florida law.
[remainder of this page is blank—signature page follows]
Item # 11
Attachment number 2 \nPage 1 of 5
Item # 11
Attachment number 2 \nPage 2 of 5
Item # 11
Attachment number 2 \nPage 3 of 5
Item # 11
Attachment number 2 \nPage 4 of 5
Item # 11
Attachment number 2 \nPage 5 of 5
Item # 11
Attachment number 3 \nPage 1 of 15
COMMUNITY DEVELOPMENT BOARD
PLANNING AND DEVELOPMENT DEPARTMENT
STAFF REPORT
MEETING DATE:
January 15, 2012
AGENDA ITEM:
D.3.
CASE:
FLD2012-11024 (Related to DVA2012-11002)
Flexible Development application to permit a 116-room overnight accommodation use
REQUEST:
in the Tourist (T) District with a lot area of 35,174 square feet (0.80 acres), a lot width
of 164.03 feet along South Gulfview Boulevard, front (north) setbacks of zero feet (to
pavement) and 4.8 feet (to building), side (east) setbacks of zero feet (to pavement and
canopy) and two feet (to building), side (west) setbacks of zero feet (to pavement) and 8
feet (to building), rear (south) setbacks of zero feet (to pavement) and 20.6 feet ( to
building); a building height of 150 feet (from Base Flood Elevation to roof slab) and
166 feet (to elevator shaft room); and 247 off-street parking spaces as a Comprehensive
Infill Redevelopment Project pursuant to Community Development Code Section 2-
803.D; and an increase in the maximum allowable density through the allocation of 76
overnight accommodation units from the Hotel Density Reserve created pursuant to
Beach by Design, as well as a reduction to the required foundation landscaping width
along South Gulfview Boulevard from five feet to 4.8 feet as part of a Comprehensive
Landscape Program pursuant to Community Development Code Section 3-1202.G.
GENERAL DATA:
Northside Engineering Services, Inc. (Housh Ghovee and Renee Ruggiero)
Clearwater Grande Development, LLC
Applicant / Owner..............
635 South Gulfview Boulevard; located on the south side of South Gulfview Boulevard,
.......
approximately 977.97 feet west of Gulf Boulevard
0.80 Acres
......
Resort Facilities High (RFH)
Future Land Use Plan
Tourist (T) District
Beach by Design (Clearwater Pass District)
Special Area Plan..............
Tourist (T) District
Adjacent Zoning... North:
Open Space/Recreation (OS/R) District
South:
Tourist (T) District
East:
Tourist (T) District
West:
Overnight Accommodations
Existing Land Use.............
Overnight Accommodations
Item # 11
D.3.
Attachment number 3 \nPage 2 of 15
PLANNING & DEVELOPMENT
Level II Flexible Development Application Review
DEVELOPMENT REVIEW DIVISION
ANALYSIS:
Site Location and Existing Conditions:
The 1.438 acre subject property is located on
the south side of South Gulfview Boulevard
approximately 894 feet west of Gulf Boulevard.
The subject property is currently developed
with a 91-room hotel (Quality Inn) and its
associated parking lot. The existing building is
located on the east side of the site and oriented
north/south.
Retail Sales and services uses are located to the
north of the subject property. The adjacent
property to the west consists of the Econo
Lodge hotel. The adjacent parcel to the east
LOCATION MAP
consists of the Continental Towers
condominium property. The land area to the south consists of a beach that overlooks Clearwater
pass.
Development Proposal:
The subject property consists of a 91-room
hotel (Quality Inn) and its associated parking
lot on 62,620 square feet of lot area (1.438
acres). The owners of the property propose to
complete a minor lot adjustment separating the
561
hotel building from its parking lot to create two
lots of record (Parcels A & B) to allow for the
development of a new mid-priced hotel
(Hampton Inn & Suites). The existing Quality
Inn hotel will then be situated on a parcel of
land with a lot width of 83.97 feet (along South
Gulfview Boulevard) and 27,446 square feet in
691
lot area (0.63 acres)(see Agenda Item D.2).
ZONING MAP
The proposed Hampton Inn & Suites will be
164.03 feet (along Gulfview Boulevard) and 35,174 square feet of lot area (0.80 acres).
-
unit overnight accommodation use. The building will be fifteen stories with a base foot print of
21,866 square feet. The building will be of a tropical modern architecture, a Key West Coastal
Design, which is appropriate for the waterfront property and compliments the Florida coastal
vernacular envisioned by Beach by Design.
The first five stories will be a parking garage consisting of a total of 245 parking spaces,
approximately fifty parking spaces per level. The existing Quality Inn and proposed Hampton
Inn & Suites will share the off-street parking spaces located in the garage through a shared
Item # 11
Community Development Board January 15, 2013
FLD2012-11024 Page 1
Attachment number 3 \nPage 3 of 15
PLANNING & DEVELOPMENT
Level II Flexible Development Application Review
DEVELOPMENT REVIEW DIVISION
parking and access agreement. Guests of both
hotels will access the parking garage from South
Gulfview Boulevard through a shared driveway
to the garage entrance. The ground level will
have eight designated check-in parking spaces. A
ground floor elevator lobby in the parking garage
will take Hampton Inn guests to the main lobby,
administrative offices, and hotel registration on
the sixth floor. This proposal also includes a
ground-level pool located to the south of the hotel
building adjacent to the Clearwater Pass beach
area. The sixth floor will also have 3,400 square
feet of amenities located in the hotel that consists
of a breakfast area, two meeting rooms, a
business center, suit shop, and a fitness center.
EXISTING SURROUNDING USES
The sixth floor will also have 10,713 square foot
terrace that includes outdoor seating areas and a
bar that will overlook Clearwater Pass and the Gulf of Mexico.
The seventh through eleventh floors will be 9,023 square feet and mostly consist of hotel rooms.
The twelfth through fifteenth floors will consist of hotel rooms with floor areas ranging between
8,623 square feet of area and 7,969 square feet of area. The building will be 150 feet in height
from base flood elevation to the roof slab and 166 feet to the top of building which is a small
elevator shaft tower.
The materials and color of the building support the tropical modern architecture and its natural
surroundings. The base of the building (parking garage) will be a brown color with a White
Duck (white) architectural details. The remainder of the building will be painted Ambitious
Amber (light beige) with White Duck (white) architectural details. The various tower roofs and
main roof will be standing seam metal material colonial red in color. Proposed canopies along
the first floor will be colonial red in color to match the roof color. The window mullions and
balconies will be white in color.
The proposal is to construct a 116-unit overnight accommodation use at a density of 143.74 units
per acre, which includes the allocation of 76 units from the Hotel Density Reserve under Beach
by Design. Also on this CDB agenda is a companion Development Agreement (DVA2013-
11002) that must be approved by City Council, which provides for the allocation of the 76 units
from the Hotel Density Reserve. This Development Agreement provides for the mandatory
evacuation/closure of the hotel in the event of the posting of a hurricane watch including
Clearwater Beach by the National Hurricane Center, which also complies with Beach by Design
criteria. The applicant indicates room rates for this hotel will be between $89-$160 range. It
also complies with the Beach by Design criteria that access to all rooms be through a lobby and
internal corridors.
Item # 11
Community Development Board January 15, 2013
FLD2012-11024 Page 2
Attachment number 3 \nPage 4 of 15
PLANNING & DEVELOPMENT
Level II Flexible Development Application Review
DEVELOPMENT REVIEW DIVISION
The subject development proposal is located in the Clearwater Pass character district established
in Beach by Design. Beach by Design anticipates that properties located in the Clearwater Pass
District will renovate and revitalize in response to improving conditions on Clearwater Beach.
This project is such a proposal which is consistent with the vision for the district. The
development of a mid-priced hotel on the subject property is also consistent with surrounding
development in this character district.
Community Development Code (CDC) Section 4-407 specifies that an application for a building
permit must be submitted within one year of the date the CDB approves the project, unless
otherwise specified under this approval.
Density: Pursuant to the Countywide Future Land Use Plan and CDC Section 2-801.1, the
maximum density for properties with a designation of Resort Facilities High is 50 overnight
accommodation units per acre. Based on the proposed minor lot adjustment the Hampton Inn &
Suites property will have 35,174 square feet of land area (0.80) acres zoned Tourist District, and
a maximum of 40 overnight accommodation units are permissible under current regulations. The
proposal also requests 76 hotel rooms from the Hotel Density Reserve, adopted as an amendment
to Beach by Design under Ordinance 7925-08. The overall density for this project is 143.74
overnight accommodation units/rooms per acre, which is below the maximum of 150 units per
acre established in Beach by Design for projects that have acquired units from the Hotel Density
Reserve.
Impervious Surface Ratio (ISR): Pursuant to CDC Section 2-801.1, the maximum allowable
I.S.R. is 0.95. The proposed I.S.R. is 0.89, which is consistent with the Code provisions.
Minimum Lot Area and Width: Pursuant to CDC Table 2-803, there are no minimum lot area
and lot width for Comprehensive Redevelopment Infill Projects; however, the minimum lot area
for overnight accommodations can range between 10,000 20,000 square feet. The proposed
Hampton Inn & Suites property will consist of 35,174 square feet of lot area. Pursuant to the
same Table, the minimum lot width for overnight accommodations can range between 100 150
feet. The proposed minor lot adjustment will create a parcel with a lot width of 164.03 feet along
South Gulfview Boulevard. While the proposal is a Comprehensive Infill Redevelopment Project
use, the proposed parcel of land complies with the lot width and area standards established for
overnight accommodation uses.
Minimum Setbacks: Pursuant to CDC Table 2-803, there are no minimum front, side, and rear
setbacks for Comprehensive Redevelopment Infill Projects; however, the minimum front setback
for overnight accommodations can range between 0 15 feet and the minimum side setback can
range between 0 10 feet. The development proposal includes a front (north) setback of 0.8 feet
(to proposed structure) and 4.8 feet (to proposed building); side (east) setbacks of zero feet (to
proposed pavement and canopy), two feet (to proposed building), and 13.4 feet (to proposed
building); side (west) setbacks of zero feet (to proposed pavement) and eight feet (to proposed
building); rear (south) setbacks of zero feet (to proposed pavement and planters), 2.9 feet to
proposed (proposed paver pool deck), 14.6 feet (to proposed pool), and 20.6 feet ( to proposed
building).
Item # 11
Community Development Board January 15, 2013
FLD2012-11024 Page 3
Attachment number 3 \nPage 5 of 15
PLANNING & DEVELOPMENT
Level II Flexible Development Application Review
DEVELOPMENT REVIEW DIVISION
An underlying aspect of this proposed development project is the approval of the proposed minor
lot adjustment necessary to create the separate parcel of land to allow for the Hampton Inn &
Suites to be built. As noted earlier, although there are no minimum lot width and lot area
requirements for a Comprehensive Infill Redevelopment Project, the proposed Hampton Inn &
Suites parcel will exceed the minimum development standards. The requested setback
reductions are based on location of proposed lot lines to the buildings base or the parking
garage. To develop the property with the sufficient number of parking spaces for both hotels, the
parking garage needs to be five levels with approximately 50 parking spaces per level with a
building foot print of 21,866 square feet as well as 21,866 square feet per level. Other front,
side, and rear setbacks are requested which include setbacks to the proposed shared driveway
along the east side of building, a pedestrian walkway along the west side of building, and
setbacks to planters and pool deck along the rear of the property; however, these setback requests
will allow the parking garage to comply with the interior dimensional standards for parking
garages and to meet the standard of 1.2 parking spaces per hotel unit for the each hotel. The
setback requests still allow for landscaping along the front and west side to soften the scale and
proximity of the building to pedestrians either on the public right-of-way or those using the
pathway between the Hampton Inn & Suites building and the Econo Lodge to the west. Staff
supports the requested setbacks reductions which will allow for an overnight accommodation on
the beach with adequate parking on site.
Maximum Building Height: Pursuant to CDC Table 2-803, the maximum allowable height for
overnight accommodations can range between 35 100 feet. The proposed building is 150 feet
in height from Base Flood Elevation (BFE) to the flat roof, which is above the Code maximum;
however, as this property is located within the Clearwater Pass character district of Beach by
Design and the owners are requesting 76 hotel rooms from the Hotel Density Reserve, as set
forth in Beach by Design Section B.2, the maximum height of the hotel can be 150 feet in height
provided that there is no more than one other building more than 100 feet in height within 500
feet of the proposed development site. According to City records, the only building within 500
feet of the proposed Hampton Inn & Suites site that exceeds 100 feet in height in the Continental
Towers which is located approximately 136 feet to the south west of the proposed site.
The building elevation plans show an overall building height of 166 feet. The Code makes
allowances for mechanical equipment enclosures and elevator rooms to project sixteen feet
above the roof. The project includes an elevator tower which permits the addition sixteen feet in
height; therefore, the overall height of the hotel complies with Code.
Minimum Off-Street Parking: Pursuant to CDC Table 2-803, the number of parking spaces shall
be determined by the community development coordinator based on the specific use and or ITE
manual standards. The minimum required parking for overnight accommodations is 1.2 parking
spaces per unit, or a minimum of 139 parking spaces for the Hampton Inn & Suites hotel with
116 hotel rooms. The proposal includes constructing two surface level parking spaces on site
and a garage with 245 parking spaces for the use of the proposed Hampton Inn & Suites and
adjacent existing Quality Inn hotel. An additional five surface parking spaces will be located on
the Quality Inn site for an overall total of 250 parking spaces for both properties. The number of
hotel rooms for both hotels will be 207 rooms which require 248 parking spaces. The plans show
Item # 11
Community Development Board January 15, 2013
FLD2012-11024 Page 4
Attachment number 3 \nPage 6 of 15
PLANNING & DEVELOPMENT
Level II Flexible Development Application Review
DEVELOPMENT REVIEW DIVISION
that 252 parking spaces at a ratio of 1.2 spaces per unit will be provided. The proposal is
compliant with this Code provision.
The proposal includes 3,400 square feet of amenities located in the hotel on the sixth floor that
consists of a breakfast area, two meeting rooms, a business center, suit shop, and a fitness center.
The sixth floor will also have 10,713 square foot terrace that includes outdoor seating areas and a
bar that will overlook Clearwater Pass and the Gulf of Mexico. Code requires additional parking
spaces if interior accessory uses square footage exceeds fifteen percent of the overall gross floor
area of the building. The square footage of the interior amenities is less than fifteen percent of
the overall gross floor area of the hotel; therefore, as set forth in CDC Section 2-803.I.11, no
additional parking spaces are necessary.
As stated above, the proposed Hampton Inn & Suites and existing Quality Inn hotel will share
the proposed seven surface parking spaces, 245 parking spaces located within the parking
garage, pedestrian access to and from the garage on both properties, and driveway access to and
from the parking garage. Prior to the issuance of a certificate of Occupancy, the owners shall
submit evidence of a recorded shared parking, pedestrian, and access agreement between the
Hampton Inn & Suites and Quality Inn properties.
Mechanical Equipment: Pursuant to CDC Section 3-201.D.1, all outside mechanical equipment
must be screened so as not to be visible from public streets and/or abutting properties. There will
be mechanical equipment located on top of the flat roof slab that will be completely screened by
an eight foot in height roof enclosure. No other mechanical equipment is shown on the plans;
however, if additional equipment is added later, it will be reviewed at the time of submission for
a building permit. The location and screening of mechanical equipment complies with this Code
provision.
Sight Visibility Triangles: Pursuant to CDC Section 3-904.A, to minimize hazards at the
driveway on South Gulfview Boulevard, no structures or landscaping may be installed which
will obstruct views at a level between 30 inches above grade and eight feet above grade within
20-foot sight visibility triangles. Approximately 12.5 square feet of area of the hotel building is
proposed within the sight visibility triangles. To reduce potential pedestrian-automobile conflict
at the driveway entrance, the applicants propose to install decorative red colored pavers with a
distinctive pattern to provide a visual mark to pedestrians using the public right-of-way, clearly
identifying the entrance. Shrubbery planted within the sight visibility triangles will need to be
maintained to meet the Code requirements. Nevertheless, the encroachments have been reviewed
because the
applicant will provide other pedestrian and vehicular warning devices such
as traffic signals or
flashing warning signs at the driveway entrance to the site.
Utilities: Pursuant to CDC Section 3-911, for development that does not involve a subdivision,
all utilities including individual distribution lines must be installed underground unless such
undergrounding is not practicable. Electric and communication lines for this hotel will be
installed underground on-site in compliance with this requirement. Electric panels, boxes and
meters are proposed to be located on the fifth level of the parking garage within an enclosed
room. The proposal complies with this Code provision.
Item # 11
Community Development Board January 15, 2013
FLD2012-11024 Page 5
Attachment number 3 \nPage 7 of 15
PLANNING & DEVELOPMENT
Level II Flexible Development Application Review
DEVELOPMENT REVIEW DIVISION
The site plans shows a portion of the building will be built in a Florida Power Corporation
easement. Prior to the issuance of any permits, the applicant shall provide documentation that
the easement is vacated or that Florida Power Corporation approves of the construction in the
easement.
Landscaping: Pursuant to CDC Section 3-1202.D, there are no perimeter buffers required in the
Tourist District for this overall site; however, pursuant to CDC Section 3-1202.E.2, foundation
plantings shall be provided for 100 percent of a building facade with frontage along a street
right-of-way, excluding space necessary for building ingress and egress, within a minimum five-
foot wide landscaped area.
The applicant has requested a reduction to the foundation landscaping from five feet to 4.8 feet
thorough the Comprehensive Landscape Program. The proposal includes foundation plantings
along the north building façade along South Gulfview Boulevard within a five foot wide
landscaped area except for the northeast corner of the property where the location of the building
reduces the width of the landscaped area to 4.8 feet. The foundation planting area will be
planted with palm trees, beach naupaka, and green carpet natal plum. The underplantings will not
interfere with the proposed window canopies or shutters on the north façade, and the foundation
landscaping should provide adequate visual relief from the scale of the parking levels and
structures. All landscaping plants and trees shall be Florida Grade #1 plant material with an
automatic irrigation system.
Solid Waste: Hotel housekeeping staff will remove trash from units and transport the trash to the
trash chute room on the sixth floor. Trash will travel down the chute to the trash room located on
the first level of the parking garage. The trash room will be equipped with a garage door that
will allow Solid Waste access to the trash room from South Gulfview Boulevard. The proposal
Signage: The proposal includes a monument-style sign along South Gulfview Boulevard;
however, no detail of the proposed sign was included in the site plans. No signage is being
reviewed as a part of this development application. Any monument sign shall not exceed six feet
in height per parcel for development in the Tourist District. Any proposed signage shall be
reviewed by Staff to ensure the signs comply with Code requirements through a separate sign
permit or be reviewed through a Comprehensive Sign Program application.
Additional Beach by Design Guidelines: As previously noted, Section B.2 allows for a
maximum height of 150 feet in height from the base flood elevation for overnight
accommodations provided that there is no more than one other building more than 100 feet in
height within 500 feet of the proposed development site. According to City records, the only
building within 500 feet of the proposed Hampton Inn & Suites site that exceeds 100 feet in
height in the Continental Towers which is located approximately 136 feet to the south west of the
proposed site whereby the proposed height is compliant with the guidelines.
Section B.3. requires that the floorplate of any portion of the building that is between forty-five
feet and one hundred feet in height will be no greater than 25,000 square feet except for
structures open the public. The sixth floor, seventh floor, eighth floor, ninth floor, and tenth
Item # 11
Community Development Board January 15, 2013
FLD2012-11024 Page 6
Attachment number 3 \nPage 8 of 15
PLANNING & DEVELOPMENT
Level II Flexible Development Application Review
DEVELOPMENT REVIEW DIVISION
floor are the floor levels that make up the floorplates between forty-five feet and one hundred
feet. The sixth floor will have 11,209 square foot of floor area. The seventh through tenth floors
will be 9,023 square feet of floor area. Each of these floor levels comply with the guidelines. The
guidelines also require that the floor levels between one hundred feet and one hundred fifty feet
have floorplates no greater than 10,000 square feet. The eleventh floor starts at one hundred feet;
it will be 9,023 square feet and the twelfth floorplate will be 8,623 square feet. The thirteenth,
fourteenth, and fifteenth floorplates will be 7,696 square feet. The gradual reduction in floor
area per level creates a wedding cake affect as required. The proposed building is in compliance
with the guidelines.
Section C.1 requires buildings with a footprint of greater than 5,000 square feet to be constructed
so that no more than two of the three building dimensions in the vertical or horizontal planes are
equal in length. The proposed building footprint is approximately 21,866 square feet. The
ong South Gulfview
Boulevard, 245 feet along the west side of the property, 220 feet along the east side of the
property, while the vertical plane is approximately 163.1 feet from grade to the top of the tallest
roof. None of these dimensions are equal. Modulation of the building massing, especially on the
eastern and southern façade, also provides considerable dimensional variation.
Section C.2 requires no plane or elevation to continue uninterrupted for greater than 100 feet
without an offset of more than five feet. All facades of the building greater than 100 feet in
length include a minimum of one vertical stepback per façade to be consistent with the
aforementioned provision.
Section C.3 requires at least 60 percent of any elevation to be covered with windows or
architectural decoration. The applicant has calculated the total square footage shown in the
following table:
Exterior Finishes and Openings Percentages Table
Total square footage of Percentage of Elevation as
Total square footage Architectural Architectural Decoration
Building Elevation shown on elevation Decoration/Windows /Windows
North 21,990 15,552 70.70%
East 24,966 15,319 61.36%
South 21,992 13,530 61.50%
West 24,962 16,785 67.20%
The above table outlines the percentages which are consistent with the aforementioned provision.
Section C.4 states that no more than 70 percent of the theoretical maximum building envelope
located above forty-five feet will be occupied if the property is located between Gulfview
Boulevard and the Gulf of Mexico. In addition, the parcel must be less than 2.0 acres and obtain
rooms from the Hotel Density Reserve. The applicant has calculated the overall proposed
building mass above 45 feet at 28.7 percent. The proposed theoretical building envelop complies
with this Beach by Design guideline.
Item # 11
Community Development Board January 15, 2013
FLD2012-11024 Page 7
Attachment number 3 \nPage 9 of 15
PLANNING & DEVELOPMENT
Level II Flexible Development Application Review
DEVELOPMENT REVIEW DIVISION
Section L.1 requires finish materials and building colors to reflect Florida or coastal vernacular
themes. The materials and color of the building support the tropical modern architecture and its
natural surroundings. The base of the building (parking garage) will be brown color with White
Duck (white) architectural details. The remainder of the building will be painted Ambitious
Amber (light beige) with White Duck (white) architectural details. The various tower roofs and
main roof will be standing seam metal material colonial red in color. The window mullions and
balconies will be white in color.
In addition, Section L.1 requires all awnings to contain a minimum of at least three distinct
colors where bright colors shall be limited to trims and accents. Proposed awnings along the first
floor will be only one color, colonial red to match the roof color. The applicants shall revise the
color of proposed the awnings to meet the minimum three distinct colors as set forth in
guidelines.
Code Enforcement Analysis:
There are no outstanding Code Enforcement issues associated
with the subject property.
COMPLIANCE WITH STANDARDS AND CRITERIA:
The following table depicts the
consistency of the development proposal with the standards as per CDC Section 2-801.1 and
Table 2-803 and Beach by Design;
Standard Proposed Consistent Inconsistent
Density 50 units/rooms per acre 116 units/rooms (143.74 units X
(max. of 40 room per acre: requesting 76
units/rooms) rooms through Beach by Design
Hotel Density Reserve)
Impervious Surface Ratio 0.95 0.89 X
Minimum Lot Area N/A 35,174square feet X
Minimum Lot Width N/A 164.03 feet X
Minimum Setbacks Front : N/A (Hotel) North: 0.8 feet (to pavement) X
4.8 feet (to building)
Side: N/A (Hotel) West: Zero feet (to pavement) X
8 feet (to building)
East: Zero feet (to pavement) X
13.4 feet (to building)
Rear N/A (hotel) South: Zero feet (to pavement) X
20.6 feet (to building)
Maximum Height 150 feet from BFE 150 feet (from BFE to top of roof X
through Beach by slab) and 166 feet (to top of
Design elevator room)
Minimum N/A 247 parking spaces X
Off-Street Parking
Item # 11
Community Development Board January 15, 2013
FLD2012-11024 Page 8
Attachment number 3 \nPage 10 of 15
PLANNING & DEVELOPMENT
Level II Flexible Development Application Review
DEVELOPMENT REVIEW DIVISION
COMPLIANCE WITH FLEXIBILITY CRITERIA:
The following table depicts the
consistency of the development proposal with the Flexibility criteria as per CDC Section 2-803.C
(Comprehensive Infill Redevelopment Project):
Consistent Inconsistent
1. The development or redevelopment is otherwise impractical without deviations from X
the use and/or development standards set forth in this zoning district.
2. The development or redevelopment will be consistent with the goals and policies of X
the Comprehensive Plan, as well as with the general purpose, intent and basic
planning objectives of this Code, and with the intent and purpose of this zoning
district.
3. The development or redevelopment will not impede the normal and orderly X
development and improvement of surrounding properties.
1
4. Adjoining properties will not suffer substantial detriment as a result of the proposed X
development.
5. The proposed use shall otherwise be permitted by the underlying future land use X
category, be compatible with adjacent land uses, will not substantially alter the
essential use characteristics of the neighborhood; and shall demonstrate compliance
with one or more of the following objectives:
a.The proposed use is permitted in this zoning district as a minimum standard,
flexible standard or flexible development use;
b.
economic base by diversifying the local economy or by creating jobs;
c.The development proposal accommodates the expansion or redevelopment of
an existing economic contributor;
d.The proposed use provides for the provision of affordable housing;
e.The proposed use provides for development or redevelopment in an area that is
characterized by other similar development and where a land use plan
amendment and rezoning would result in a spot land use or zoning designation;
or
f.The proposed use provides for the development of a new and/or preservation of
a working waterfront use.
6. Flexibility with regard to use, lot width, required setbacks, height and off-street X
parking are justified based on demonstrated compliance with all of the following
design objectives:
a.The proposed development will not impede the normal and orderly
development and improvement of the surrounding properties for uses permitted
in this zoning district;
b.The proposed development complies with applicable design guidelines adopted
by the City;
c.The design, scale and intensity of the proposed development supports the
established or emerging character of an area;
d.In order to form a cohesive, visually interesting and attractive appearance, the
proposed development incorporates a substantial number of the following
design elements:
Changes in horizontal building planes;
Use of architectural details such as columns, cornices, stringcourses,
pilasters, porticos, balconies, railings, awnings, etc.;
Variety in materials, colors and textures;
Distinctive fenestration patterns;
Building step backs; and
Distinctive roofs forms.
e.The proposed development provides for appropriate buffers, enhanced
landscape design and appropriate distances between buildings.
1
See discussion below
Item # 11
Community Development Board January 15, 2013
FLD2012-11024 Page 9
Attachment number 3 \nPage 11 of 15
PLANNING & DEVELOPMENT
Level II Flexible Development Application Review
DEVELOPMENT REVIEW DIVISION
The applicant states that adjoining properties will not suffer substantial detriment as a result of
the proposed development. Sight lines from the existing Quality Inn were taken into account and
helps shape the form of the Hampton Inn parking garage. Sight lines were preserved from the
balconies to the beach A conditioned space for the trash room inside the parking garage will
control the olfactory concerns and noise will be handled by the owner and his operational
control.
In regards to the adjacent Econo Lodge property, the visual impact has been lessened as much as
possible by providing the required ten foot setback from the subject property line along the west
side property line where the Econo Lodge building is directly affected by the Hampton Inn
building.
The site plan also shows that a landscape promenade will be provided between the buildings.
Any music playing from the proposed Hampton Inn sixth floor terrace will be coming from two
stories above the last habitable floor of the Econo Lodge; any speakers will be directed to the
Code of
Ordinances which regulates the times of bar operations. Mechanical equipment is buffered and
concealed within the mansard screening roof level above the fifteenth floor. As noted above,
conditioned space for the trash room inside the parking garage will control the olfactory
concerns.
s above as well as their statement regarding the side
(west) setback. Although, the request requires a side (west) setback of eight feet, the reduction to
setback is towards the front of the property not near the area of the property where the Hampton
Inn building will be nearest to the Econo Lodge building. The applicant is providing the
standard ten foot side (west) setback along most of the west property line where the Econo
Lodge building is built directly on the property line.
COMPLIANCE WITH GENERAL STANDARDS FOR LEVEL TWO APPROVALS:
The
following table depicts the consistency of the overnight accommodation use with the General
Standards for Level Two Approvals as per Section 3-914.A., CDC:
Consistent Inconsistent
1.The proposed development of the land will be in harmony with the scale, bulk, X
coverage, density and character of adjacent properties in which it is located.
2.The proposed development will not hinder or discourage development and use of X
adjacent land and buildings or significantly impair the value thereof.
3.The proposed development will not adversely affect the health or safety of persons X
residing or working in the neighborhood.
4.The proposed development is designed to minimize traffic congestion. X
5.The proposed development is consistent with the community character of the X
immediate vicinity.
6.The design of the proposed development minimizes adverse effects, including X
visual, acoustic and olfactory and hours of operation impacts on adjacent properties.
Item # 11
Community Development Board January 15, 2013
FLD2012-11024 Page 10
Attachment number 3 \nPage 12 of 15
PLANNING & DEVELOPMENT
Level II Flexible Development Application Review
DEVELOPMENT REVIEW DIVISION
SUMMARY AND RECOMMENDATION:
The Development Review Committee (DRC) reviewed the application and supporting materials
at its meeting of December 6, 2012, and deemed the development proposal to be sufficient to
move forward to the Community Development Board (CDB), based upon the following findings
of fact and conclusions of law:
Findings of Fact
The Planning Department, having reviewed all evidence submitted by the applicant and
requirements of the Community Development Code, finds that there is substantial competent
evidence to support the following findings of fact:
1.The 0.80 acre subject property is located on the south side of South Gulfview Boulevard
approximately 997.97 feet west of Gulf Boulevard;
2.The subject property is currently developed with a 91-room hotel (Quality Inn) and its
associated parking lot;
3.That the subject property is located in the Tourist (T) District and the Resort High Facilities
(RFH) future land use plan category;
4.That the subject property is located in the Clearwater Pass District of Beach by Design and is
subject to all applicable requirements set forth therein;
5.The owners of the property propose to complete a minor lot adjustment separating the
Quality Inn hotel building (Parcel A) from its parking lot to create two lots of record to allow
for the development and the Hampton Inn & Suites (Parcel B);
6.The proposed Hampton Inn & Suites parcel will have a lot width of 164.03 feet along South
Gulfview Boulevard and a lot area of 35,174 square feet;
7.The proposal is to construct a mid-priced 116-unit overnight accommodation use at a density
of 143.74 units/acre, which includes the allocation of 76 units from the Hotel Density
Reserve under Beach by Design;
8.A companion Development Agreement (DVA2012-11002) that must be approved by City
Council is also on this CDB agenda, provides for the allocation of the 76 units from the Hotel
Density Reserve;
9.The hotel is proposed at a height of 150 feet from the Base Flood Elevation (BFE) to the roof
slab and 166 feet to top of elevator room;
10.That the hotel is allowed a height of 150 from BFE provided the Development Agreement
allocating rooms from the Hotel Density Reserve is approved by City Council;
11.That the hotel will be only one of two buildings within five hundred feet of the project site
with a height of 100 feet as set forth in Beach by Design guidelines;
12.That the hotels floorplates between forty-five feet and one hundred feet will be less than
25,000 square feet as set forth in Beach by Design guidelines;
13.That the hotels floorplates between one hundred feet and one hundred fifty feet will be less
than 10,000 square feet as set forth in Beach by Design guidelines;
14.That no more than two of three building dimensions of the hotel in the vertical or horizontal
planes are equal in length as set forth in Beach by Design guidelines;
15.That all of the hotels facades greater than 100 feet in length include one vertical stepback per
façade as set forth in Beach by Design guidelines;
16.That the maximum building envelope above forty-five feet of the hotel will be 28.7 percent,
less than the allowable 70 percent as set forth in the Beach by Design guidelines;
Item # 11
Community Development Board January 15, 2013
FLD2012-11024 Page 11
Attachment number 3 \nPage 13 of 15
PLANNING & DEVELOPMENT
Level II Flexible Development Application Review
DEVELOPMENT REVIEW DIVISION
17.That the proposal includes large expanses of windows, canopies, shutters, balconies and
finishes commonly found in the tropical vernacular such as ambitious amber and standing
seam metal roofs;
18. The first five levels of the hotel will provide a total of 245 parking spaces with two surface
parking spaces on site with driveway access onto South Gulfview Boulevard;
19.The proposed Hampton Inn & Suites property will share parking and driveway access with
the existing Quality Inn hotel;
20.The proposal includes a front (north) setback of 0.8 feet (to proposed structure) and 4.8 feet
(to proposed building); side (east) setbacks of zero feet (to proposed pavement and planters),
two feet (to proposed building), and 13.4 feet (to proposed building); side (west) setbacks of
zero feet (to proposed pavement) and eight feet (to proposed building); rear (south) setbacks
of zero feet (to proposed pavement and planters), 2.9 feet to proposed (proposed paver pool
deck), 14.6 feet (to proposed pool), and 20.6 feet ( to proposed building);
21.That the maximum allowable I.S.R. is 0.95. The proposed I.S.R. is 0.89;
22.That the request includes a reduction to the required foundation landscaping width from five
feet to 4.8 feet;
23.That a portion of the proposed building will be built in a Florida Power Corporation
easement;
24.There is no outstanding Code Enforcement issues associated with the subject property.
Conclusions of Law
The Planning and Development Department, having made the above findings of fact, reaches the
following conclusions of law:
1.That the development proposal is consistent with the Standards as per Community
Development Code Tables 2-801.1 and 2-803;
2.That the development proposal is consistent with the Flexibility criteria as per Community
Development Code Section 2-803.C;
3.That the development proposal is consistent with the General Standards for Level Two
Approvals as per Community Development Code Section 3-914.A;
4.That the development proposal is consistent with the Clearwater Pass character district of
Beach by Design; and
5.That the development proposal is consistent with the Design Guidelines of Beach by Design.
APPROVAL
Based upon the above, the Planning and Development Department recommends of
the Flexible Development application to permit a 116-room overnight accommodation use in the
Tourist (T) District with a lot area of 35,174 square feet (0.80 acres), a lot width of 164.03 feet
along South Gulfview Boulevard, front (north) setbacks of zero feet (to pavement) and 4.8 feet
(to building), side (east) setbacks of zero feet (to pavement and canopy) and two feet (to
building), side (west) setbacks of zero feet (to pavement) and 8 feet (to building), rear (south)
setbacks of zero feet (to pavement) and 20.6 feet ( to building); a building height of 150 feet
(from Base Flood Elevation to roof slab) and 166 feet (to elevator shaft room); and 247 off-street
parking spaces as a Comprehensive Infill Redevelopment Project pursuant to Community
Development Code Section 2-803.D; and an increase in the maximum allowable density through
the allocation of 76 overnight accommodation units from the Hotel Density Reserve created
pursuant to Beach by Design, as well as a reduction to the required foundation landscaping width
along South Gulfview Boulevard from five feet to 4.8 feet as part of a Comprehensive Landscape
Item # 11
Community Development Board January 15, 2013
FLD2012-11024 Page 12
Attachment number 3 \nPage 14 of 15
PLANNING & DEVELOPMENT
Level II Flexible Development Application Review
DEVELOPMENT REVIEW DIVISION
Program pursuant to Community Development Code Section 3-1202.G., subject to the following
conditions of approval:
Conditions of Approval:
1.That approval of this Flexible Development case is subject to the approval of a Development
Agreement with the City (Case DVA2012-11002);
2.That a minor lot adjustment plat as approved by the Community Development Board shall be
recorded and submitted prior to the issuance of any permit;
3.Prior to the issuance of any permits, the applicant shall provide documentation that the
Florida Power Corporation easement is vacated or that Florida Power Corporation approves
of the construction in the easement;
4.That a demolition permit be obtained for the removal of all structures a part of the Hampton
Inn & Suites development proposal;
5.That no permits be issued for the Hampton Inn & Suites property until appropriate cross
access and shared parking agreements serving the Hampton Inn & Suites property and the
Quality Inn property (FLD2012-11023/DVA2012-11001) are recorded in the public records;
6.That prior to the issuance of a Certificate of Occupancy, cross easements for drainage, fire
systems, maintenance etc. be recorded in the public records;
7.That the final design and color of the building be consistent with the elevations approved by
the CDB;
8.That the awning colors be revised to meet the guidelines which state that awnings shall be a
minimum of three distinct colors as set forth in Beach by Design;
9.That any future freestanding signage must be monument-style meeting Code requirements
and be designed to match exterior materials and color of the building. Any proposed signage
for the hotel shall be reviewed and approved by Staff through a separate sign permit;
10.That all landscaping plants and trees shall be Florida Grade #1 plant material with an
automatic irrigation system;
11.That the books and records pertaining to use of each hotel room be open for inspection by
authorized representatives of the City, upon reasonable notice, in order to confirm
compliance with the Hotel Density Reserve criteria of Beach by Design as allowed by
general law;
12.That prior to the issuance of a Certificate of Occupancy, a hurricane evacuation plan for the
Hampton Inn & Suites hotel be submitted and approved by the City for all Guests;
13.That prior to the issuance of any building permits, the location and visibility of electric
equipment (electric panels, boxes and meters) be reviewed and, if located exterior to the
building where visible from any street frontage, be painted the same color as the portion of
the building to which such features are attached;
14.That prior to the issuance of any building permits, any applicable Public Art and Design
Impact Fee be paid;
15.That prior to the issuance of any building permits all Parks and Recreation fees be paid;
16.That prior to the issuance of any building permits, all requirements of General Engineering,
Stormwater Engineering, and Traffic Engineering shall be addressed;
17.That prior to the issuance of any building permits, all comments from the Fire Department
shall be addressed;
18.That prior to the issuance of any Certificate of Occupancy, all utilities, including individual
distribution lines serving this development within the right-of-way along the east side of
Item # 11
Community Development Board January 15, 2013
FLD2012-11024 Page 13
Attachment number 3 \nPage 15 of 15
PLANNING & DEVELOPMENT
Level II Flexible Development Application Review
DEVELOPMENT REVIEW DIVISION
South Gulfview Boulevard, as applicable, must be installed underground unless
undergrounding is not practicable;
19.That prior to the issuance of any building permits, the Fire Department may require the
provision of a Water Study performed by a Fire Protection Engineer in order to ensure that an
adequate water supply is available and to determine if any upgrades are required by the
developer due to the impact of the project. The water supply must be able to support the
needs of any required fire sprinkler, standpipe and/or fire pump. If a fire pump is required,
then the water supply must be able to supply 150% of its rated capacity; and
Prepared by Planning and Development Department Staff:
Kevin W. Nurnberger, Planner III
ATTACHMENTS: Photographs of Site and Vicinity
Item # 11
Community Development Board January 15, 2013
FLD2012-11024 Page 14
Attachment number 4 \nPage 1 of 1
Item # 11
Attachment number 5 \nPage 1 of 6
Item # 11
Attachment number 5 \nPage 2 of 6
Item # 11
Attachment number 5 \nPage 3 of 6
Item # 11
Attachment number 5 \nPage 4 of 6
Item # 11
Attachment number 5 \nPage 5 of 6
Item # 11
Attachment number 5 \nPage 6 of 6
Item # 11
Attachment number 6 \nPage 1 of 3
Exhibit “C”
COVENANT REGARDING HURRICANE EVACUATION
And DEVELOPMENT, USE AND OPERATION
DECLARATION OF COVENANTS AND RESTRICTIONS
THIS DECLARATION OF COVENANTS AND RESTRICTIONS
("Declaration") is made as of the _____ day of ________, 2012, by Clearwater Grande
Holdings LLC ("Developer").
Developer is the owner of fee simple title to the real property described in
Schedule 1 attached hereto and made a part hereof (hereinafter, the (" Real Property").
The City of Clearwater, Florida (the "City"), has amended its Comprehensive Plan to
designate Clearwater Beach as a Community Redevelopment District pursuant to the
Pinellas County Planning Council Rules in order to implement the provisions of "Beach
by Design," a plan for the revitalization of Clearwater Beach. The designation of
Clearwater Beach as a Community Redevelopment District (the "Designation") provides
for the allocation of Hotel Density Reserve Units as an incentive for the development of
mid-sized quality hotels. Pursuant to the Designation, the allocation of Hotel Density
Reserve Units is subject to compliance with a series of performance standards, including
a requirement that resorts containing a hotel developed with Hotel Density Reserve Units
shall be closed and all Guests evacuated from such resorts as soon as practicable after the
National Hurricane Center posts a hurricane watch that includes Clearwater Beach. The
purpose of such evacuation is to ensure that such a Resort Hotel is evacuated in advance
of the period of time when a hurricane evacuation would be expected in advance of the
approach of hurricane force winds.
The City has granted, by City Council Resolution ____, passed and approved on
___ _____, 2012, Developer's application for Hotel Density Reserve Units pursuant to
the Designation, subject to Developer's compliance with the requirements of the
Designation. Developer desires for itself, and its successors and assigns, as owner, to
establish certain rights, duties, obligations and responsibilities with respect to the use and
operation of the Real Property in accordance with the terms and conditions of the
allocation of the Hotel Density Reserve Units to the City and the Designation, which
rights, duties, obligations and responsibilities shall be binding on any and all successors
and assigns and will run with the title to the Real Property.
THEREFORE, in consideration of the covenants and restrictions here in set forth
and to be observed and performed, and in further consideration of the allocation of Hotel
Density Reserve Units to Developer, and other good and valuable consideration, the
sufficiency of which is hereby acknowledged, Developer hereby declares, covenants and
agrees as follows:
1. Benefit and Enforcement. These covenants and restrictions are made for
the benefit of Developer and its successors and assigns and shall be enforceable by them
Item # 11
Attachment number 6 \nPage 2 of 3
and also for the benefit of the residents of the City and shall be enforceable on behalf of
said residents by the City Council of the City.
2. Covenant of Development, Use and Operation. Developer hereby
covenants and agrees to the development, use and operation of the Real Property in
accordance with the provisions of this Declaration.
2. 1 Use. The use of the resort on the Real Property is restricted as
follows:
2.1.1 A minimum of Seventy-Six units, which is the number of
hotel units allocated to Developer, shall be used solely for transient
occupancy of one month or thirty (30) consecutive days or less,
must be licensed as a public lodging establishment and classified
as a hotel, and must be operated by a single licensed operator of
the hotel. No such hotel unit shall be used as a primary or
permanent residence.
2.1.2 All other 40 units shall be licensed as a public lodging
establishment. No unit shall be used as a primary or permanent
residence.
2.1.3 As used herein, the terms "transient occupancy,” "public
lodging establishment," " hotel," and "operator" shall have the
meaning given to such terms in Chapter 509, Part I, Florida
Statutes (2004).
2.2 Closure of Improvements and Evacuation. The Hotel developed on the
Rea1 Property shall be closed as soon as practicable upon the issuance of a hurricane
watch by the National Hurricane Center, which hurricane watch includes Clearwater
Beach, and all Hotel guests, visitors and employees other than emergency and security
personnel required to protect the resort, shall be evacuated from the Hotel as soon as
practicable following the issuance of said hurricane watch. In the event that the National
Hurricane Center shall modify the, terminology employed to warn of the approach of
hurricane force winds, the closure and evacuation provisions of this Declaration shall be
governed by the level of warning employed by the National Hurricane Center which
precedes the issuance of a forecast of probable landfall in order to ensure that the guests,
visitors, and employees will be evacuated in advance of the issuance of a forecast of
probable landfall.
3 Effective Date. This Declaration shall become effective upon issuance of
all building permits required to build the project ("Project") and Developer's
commencement of construction of the Project, as evidence by a Notice of
Commencement for the Project. This Declaration shall expire and terminate
automatically if and when the allocation of Reserve Units to the Developer expires or is
terminated.
Item # 11
Attachment number 6 \nPage 3 of 3
4 Governing Law. This Declaration shall be construed in accordance with
and governed by the laws of the State of Florida.
5 Recording. This Declaration shall be recorded in the chain of title of the
Real Property with the Clerk of the Courts of Pinellas County, Florida.
6 Attornevs' Fees. Developer shall reimburse the City for any expenses,
including reasonable attorneys' fees, which are incurred by the City in the event that the
City determines that it is necessary and appropriate to seek judicial enforcement of this
Declaration and the City obtains relief, whether by agreement of the parties or through
order of a court of competent jurisdiction.
7 Severabilitv. If any provision, or part thereof, of this Declaration or the
application of this Declaration to any person or circumstance will be or is declared to any
extent to be invalid or unenforceable, the remainder of this Declaration, or the application
of such provision or portion thereof to any person or circumstance, shall not be affected
thereby, and each and every other provision of this Declaration shall be valid and
enforceable to the fullest extent permitted by law.
[Remainder of this page is blank—signature page follows]
Item # 11
Item # 11
Item # 11
Item # 11
Attachment number 12 \nPage 1 of 1
Item # 11
Meeting Date:
2/19/2013
Work Session
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Approve amendments to the Community Development Code addressing encroachments into setbacks and rights-of-way, the
Comprehensive Sign Program, nonconforming lots and plans review fees; approve an amendment to the Clearwater Code of Ordinances
addressing board attendance and pass Ordinance 8371-13 on first reading.
SUMMARY:
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 has previously prepared two text amendments to the Community Development Code (CDC)
addressing some of the 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 meetings of December 20, 2011 and July 17, 2012, and the Board recommended the
approval of each ordinance. The City Council has subsequently passed and adopted each of the ordinances at its meetings of February 2,
2012 and September 6, 2012.
Staff is now proposing a third text amendment to address one further recommendation of the BTF, as well as additional items proposed
by staff. Below is a summary of the substantive amendments included in the ordinance.
Expands upon the allowance of building projections into setbacks and rights-of-way where the projections is affixed solely to the
building and not directly affixed to the ground to include balcony projections, but only when in the Downtown (D) District and
only when the associated use is an Indoor Recreation/Entertainment facility with a minimum of 650 seats;
Replaces an incorrect reference within the recently adopted sign code with the correct calculation method for freestanding signs,
which is what was intended to be referenced;
Makes clear that building permits will not be issued for unlawfully created lots;
Makes clear that nonconforming lots cannot be subdivided and conforming lots cannot be subdivided in such a manner that
renders them, or any structures thereon, nonconforming;
Allows those projects using a private plan review provider for the review of the Building, Plumbing, Mechanical and Electric
trades may have their plans review fee reduced by a maximum of 25% (recommendation of the Business Task Force); and
Modifies the Code of Ordinances to provide an exception to the excessive absences definition for those absences due to military
related commitments.
Review Approval:
Cover Memo
Item # 12
Attachment number 1 \nPage 1 of 5
ORDINANCE NO. 8371-13
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA MAKING
AMENDMENT TO THE COMMUNITY DEVELOPMENT CODE BY
AMENDING ARTICLE 3, DEVELOPMENT STANDARDS, DIVISION 9,
GENERAL APPLICABILITY STANDARDS, SECTION 3-908,
PERMITTED ENCROACHMENTS INTO SETBACKS AND OVER
STREET RIGHTS-OF-WAY, TO ALLOW FOR BALCONY
ENCROACHMENTS IN THE DOWNTOWN (D) DISTRICT FOR INDOOR
RECREATION/ENTERTAINMENT USES; AMENDING ARTICLE 3,
DEVELOPMENT STANDARDS, DIVISION 18, SIGNS, SECTION 3-808,
COMPREHENSIVE SIGN PROGRAM, TO CORRECTLY STATE THE
FREESTANDING SIGN CALCULATION METHOD FOR THE
COMPREHENSIVE SIGN PROGRAM; AMENDING ARTICLE 6,
NONCONFORMING PROVISIONS, SECTION 6-106,
NONCONFORMING LOTS, TO ADDRESS ILLEGALLY CREATED
NONCONFORMING LOTS; AMENDING APPENDIX A, SCHEDULE OF
FEES, RATES AND CHARGES, V., BUILDINGS AND BUILDING
REGULATIONS, TO ALLOW FOR A 25-PERCENT REDUCTION IN
PLANS REVIEW FEES FOR PROJECT USING A PRIVATE PLAN
REVIEW PROVIDER; AND MAKING AN AMENDMENT TO THE CODE
OF ORDINANCES BY AMENDING PART II CODE OF ORDINANCES,
CHAPTER 2 - ADMINISTRATION, ARTICLE III APPOINTED
AUTHORITIES, BOARDS, COMMITTEES, DIVISION 1 GENERALLY,
SEC. 2.066 ATTENDANCE BY MEMBERS AT MEETINGS, TO
EXCLUDE MILITARY RELATED COMMITMENTS FROM BEING
CONSIDERED EXCESSIVE ABSENCES; CERTIFYING CONSISTENCY
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 prior adopted Ordinance No. 8343-12 included an incorrect reference to
a calculation method, 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, now therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER,
FLORIDA:
Item # 12
Attachment number 1 \nPage 2 of 5
Section 1. That Article 3, Development Standards, Division 9, General Applicability
Standards, Section 3-908, Permitted encroachments into setbacks and over street rights-of-
way, Community Development Code, be, and the same is hereby amended to read as follows:
Section 3-908. Permitted encroachments into setbacks and over street rights-of-way.
Certain building and other projections shall be permitted to extend into setback areas and may
be permitted to encroach over street rights-of-way as follows:
A. Building projections which are affixed solely to the building and not directly affixed to the
ground such as building fascias, roof overhangs, eaves, canopies other than
freestanding canopies, awnings, marquees, and other similar projections, shall be
permitted to project into required setbacks as specified below.
1. In the Tourist, Commercial and Downtown Districts, such projections shall be
limited to ten feet and shall be permitted into any required setback and over
street rights-of-way provided a clearance of eight feet over grade is maintained.
In no case shall such projection be closer than five feet from the curbline or the
shoulder of the roadway. Any awning with supports may be located up to the
property line and any awning that projects into a right-of-way shall be
cantilevered.
2. In all other districts, such projects shall be limited to 40 percent of the setback or
ten feet, whichever is less.
B. The roof fascia of a freestanding canopy shall be set back a minimum of ten feet from a
street right-of-way boundary and any side and rear property line. The supporting posts or
columns of a freestanding canopy shall not encroach into required structural setbacks.
No part of a freestanding canopy shall encroach into or over a street right-of-way.
C. Open or unenclosed fire escapes and outside stairways shall be permitted to extend into
a required setback area not more than three feet provided through access is not
obstructed.
D. Balconies, decks, bay windows, and similar features that linearly extend 50 percent or
less of the width of the building wall to which they are attached shall be permitted to
extend into a required setback area not more than 24 inches provided through access is
not obstructed.
1. Balconies, decks, bay windows, and similar features that linearly extend 50
percent or less of the width of the building wall to which they are attached shall
be permitted to extend into a required setback area not more than 24 inches
provided through access is not obstructed.
2. In the Downtown District, when associated with an Indoor
Recreation/Entertainment use that has a minimum of 650 seats, balconies shall
be permitted to encroach into rights-of-way provided a clearance of eight feet
over grade is maintained. In no case shall such encroachment be closer than
two feet from the curbline or the shoulder of the roadway.
Section 2. That Article 3, Development Standards, Division 18, Signs, Section 3-808,
Comprehensive Sign Program, Community Development Code, be, and the same is hereby
amended to read as follows:
Section 3-1808. Comprehensive sign program.
* * * * * * * * * *
C. Flexibility criteria.
* * * * * * * * * *
Item # 12
Ordinance No. 8371-13 Page 2
Attachment number 1 \nPage 3 of 5
4. Height, area, number and location of signs. The height, area, number and
location of signs permitted through the Comprehensive Sign Program shall be
determined by the Community Development Coordinator based on the following
criteria: overall size of site, relationship between the building setback and sign
location, frontage, access and visibility to the site, intended traffic circulation
pattern, hierarchy of signage, scale and use of the project, consistency with
Beach by Design, Clearwater Downtown Redevelopment Plan or any other
applicable special area plan and submittal of a master sign plan for the
development parcel/project. Additionally, the maximum permitted sign area shall
be based on the following formula when evaluated against the above criteria:
a. 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 two hundred 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.
b. Freestanding signs The maximum permitted area of all freestanding
signs on a site shall not exceed the range of sign area permitted by the
street frontage or building facade calculation methods set forth in Section
1807.B.1.c.i. and ii. below:
i. One square foot per two linear feet of street frontage; or
ii. One square foot per 100 square feet of building façade facing
street frontage.
* * * * * * * * * *
Section 3. That Article 6, Nonconforming Provisions, Section 6-106, Nonconforming
Lots, Community Development Code, be, and the same is hereby amended to read as follows:
A. No principal use or structure shall be established on a lot of record unless the lot
conforms to the lot area and lot width requirements in this Development Code for the
zoning district in which it is located, except in accordance with the provisions of this
section.
B. A principal use or structure may be established on a residential lot of record that was
legally in existence prior to March 8, 1999 even though the lot is nonconforming with the
lot area and lot width requirements in this Development Code for the zoning district in
which it is located, provided that a Level One (minimum standard) approval is obtained.
A Level One (flexible standard) approval shall be required only if required setbacks
cannot be met. The applicant for a Level One (flexible standard) approval shall
demonstrate the following:
1. The lot was a lawfully created lot. If the lot was created before 1982, then it is
automatically considered to be lawful. If the lot was created after 1982, to be a
lawfully created lot, it must have been created by an approved plat in accordance
with the City Code; and
2. Upon adoption of this Development Code, the lot is not held in common
ownership with any abutting land which, in combination with the lot in question,
would create a building site meeting the lot area and lot width requirements of the
zoning district; or
Item # 12
Ordinance No. 8371-13 Page 3
Attachment number 1 \nPage 4 of 5
3. The lot has not been previously developed in combination with an adjacent lot;
and
4. If the lot is proposed for a detached dwelling, the dwelling is developed in
conformity with the other development standards of the zoning district in which it
is located.
C. No permit shall be issued for any unlawfully created lot.
D. Except in the instance that a Level One or Level Two approval is obtained prior, no
nonconforming lot may be subdivided, and no conforming lot may be subdivided in such
a manner that renders it, or any structures thereon, nonconforming to the requirements
in this Development Code for the zoning district in which it is located and any such
subdivision shall constitute a violation of this Development Code.
Section 4. That Appendix A, Schedule of Fees, Rates and Charges, V., Buildings
and Building Regulations, Community Development Code, be, and the same is hereby
amended to read as follows:
V. BUILDINGS AND BUILDING REGULATIONS (§ 47.087):
Permit fees and charges:
(1) Permits and fees and charges, in general; exceptions:
(a) Permits are generally not required for carpeting, painting, wallpapering, paneling
over existing walls, and tile, nor where the valuation of labor, materials, and all
other items does not exceed $500.00 and the work or operation is of casual,
minor, inconsequential nature, and does not violate any city codes or ordinances,
or is exempt pursuant to Chapter 75-489, Laws of Florida (Special Acts), Section
25.
(b) Valuations for all construction shall be based on the contract value. The current
Southern Building Code Congress International's valuation tables may be used if
no contract is submitted with the permit application.
(c) Plans review fees will be reduced by 25 percent for those projects using a private
provider of plan review services, pursuant to Florida Statutes, to review the
Building, Plumbing, Mechanical and Electrical trades.
(cd) Where no permit fee is stated, the same shall not be interpreted as an intention
to waive any requirement for a permit or fees for a permit that may be stated
elsewhere in the city's Code of Ordinances.
(de) Prior to starting any electrical, gas, plumbing, mechanical, roofing or other work
under a combination permit, the contractor or the subcontractor engaged to do
the work shall file with the Planning and Development Services Administration a
form showing the name and certification number of the subcontractor, the
subcontractor's occupational license number, the combination permit number, the
job address, and other related information as may be required by the Planning
and Development Services Administration. Failure to file such form or provide
such information shall be cause for the refusal of inspection services, and the
issuance of a correction notice with the appropriate fee.
* * * * * * * * * *
Section 5. That Code Of Ordinances, Part II Code of Ordinances, Chapter 2 -
Administration, Article III Appointed Authorities, Boards, Committees, Division 1 Generally,
Item # 12
Ordinance No. 8371-13 Page 4
Attachment number 1 \nPage 5 of 5
Sec. 2.066 Attendance by Members at Meetings, be, and the same is hereby amended to
read as follows:
Sec. 2.066. - Attendance by members at meetings.
(1) Except as may otherwise be provided by law, or when due to military related
commitments, a member of any board may be removed by the city manager for
excessive absences. "Excessive absences" shall mean:
(a) For a board which meets monthly on a regular basis, more than four absences,
excused or unexcused, in any consecutive 12-month period.
(b) For a board which meets less often than monthly on a regular basis, more than
three absences, excused or unexcused, in any consecutive 12-month period.
(c) For a board which meets more often than monthly on a regular basis, more than
five absences, excused or unexcused, in any consecutive 12-month period.
(d) For a board which meets quarterly on a regular basis, more than one absence,
excused or unexcused, in any consecutive 12-month period.
(2) The staff liaison for each board shall notify the city clerk of any board member having a
record of excessive absences. The city clerk will notify the city manager and request
direction regarding the removal of such board member.
Section 6. 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 7. 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
Section 8. 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 9. Notice of the proposed enactment of this Ordinance has been properly
advertised in a newspaper of general circulation in accordance with applicable law.
Section 10. 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:
____________________________ ____________________________
Leslie K. Dougall-Sides Rosemarie Call
Assistant City Attorney City Clerk
Item # 12
Ordinance No. 8371-13 Page 5
Attachment number 2 \nPage 1 of 3
COMMUNITY DEVELOPMENT BOARD
PLANNING AND DEVELOPMENT DEPARTMENT
STAFF REPORT
MEETING DATE:
December 18, 2012
AGENDA ITEM:
E. 1.
CASE:
TA2012-10008
ORDINANCE NO.:
8371-13
REQUEST:
Amendments to the Community Development Code Ordinance Number 8371-13
INITIATED BY:
City of Clearwater, Planning and Development Department
BACKGROUND:
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
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 has previously prepared two text amendments to the
Community Development Code (CDC) addressing some of the 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 meetings of December 20, 2011, and July 17, 2012, and the
Board recommended the approval of each ordinance. The City Council has subsequently passed
and adopted each of the ordinances at its meetings of February 2, 2012, and September 6, 2012.
Staff is now proposing a third text amendment to address one further recommendation of the
BTF, as well as additional items proposed by staff.
ANALYSIS:
Proposed Ordinance No. 8371-13 includes amendments addressing several different sections of
the CDC. As noted above, one of these amendments was recommended by the BTF while the
balance is being initiated by staff.
Encroachments Into Setbacks and Rights-Of-Way
1. [page 2 of Ordinance]
The proposed amendment expands upon the allowance of balcony encroachments into
setbacks to include balcony encroachments into rights-of-way, but only when in the
Downtown (D) District and only when the associated use is an Indoor
Recreation/Entertainment facility with a minimum of 650 seats. The amendment also
requires a minimum clearance of eight feet over grade and limits the encroachment so that it
would be no closer than two feet from the curb.
Item # 12
Attachment number 2 \nPage 2 of 3
PLANNING & DEVELOPMENT
Level II Flexible Development Application Review
DEVELOPMENT REVIEW DIVISION
Comprehensive Sign Program
2. [pages 2 and 3 of Ordinance]
This proposed amendment is corrective in nature. The amendments to the sign code
previously passed as part of Ordinance No. 8343-12 included an incorrect reference for the
calculation of allowable sign area for freestanding signs through the Comprehensive Sign
Program. This amendment replaces that incorrect reference with the correct calculation
method, which is consistent with the means previously included in the sign code and as was
intended to be referenced.
Nonconforming Lots
3. [pages 3 and 4 of Ordinance]
This amendment clearly spells out two issues with regard to nonconforming lots. Firstly, that
building permits will not be issued for unlawfully created lots. Any lot not created in a
manner consistent with the provisions set forth in Section 6-106.B., CDC, or via another
legal manner such as a plat, will not be issued permits for the construction of any
improvements thereon. Secondly, that nonconforming lots cannot be subdivided and
conforming lots cannot be subdivided in such a manner that renders them, or any structures
thereon, nonconforming.
Plans Review Fees
4. [page 4 of Ordinance]
The Business Task Force recommended that the City should offer a 50% discount on the
plans review fees when developers use private plans review services. While the discount
proposed was determined to be too great, the idea itself was found to be supportable. This
amendment proposes that those projects using a private plan review provider for the review
of the Building, Plumbing, Mechanical and Electric trades may have their plans review fee
reduced by a maximum of 25%.
Board Attendance
5. [pages 4 and 5 of Ordinance]
This amendment recognizes the fact that members of the various City boards may have
commitments or obligations
held against them with regard to attendance at meetings. As such, this amendment modifies
those absences due to military related commitments.
CRITERIA FOR TEXT AMENDMENTS:
Section 4-601, CDC, sets forth the procedures and criteria for reviewing text amendments. All
text amendments must comply with the following:
1.The proposed amendment is consistent with and furthers the goals, policies and
objectives of the Comprehensive Plan.
A review of the Clearwater Comprehensive Plan identified the following Goal, Objective and
Policy which will be furthered by the proposed Code amendments:
Goal A.3 The City of Clearwater shall ensure that all development or redevelopment
initiatives meet the safety, environmental, and aesthetic needs of the City
through consistent implementation of the Community Development Code.
Item # 12
Community Development Board December 18, 2012
TA2012-10008 Page 2
Attachment number 2 \nPage 3 of 3
PLANNING & DEVELOPMENT
Level II Flexible Development Application Review
DEVELOPMENT REVIEW DIVISION
Objective A.3.1 All signage within the City of Clearwater shall be consistent with the
Clearwater sign code, as found within the Community Development Code,
and all proposed signs shall be evaluated to determine their effectiveness
in reducing visual clutter and in enhancing the safety and attractiveness of
the streetscape.
Policy A.5.5.1 Development should be designed to maintain and support the existing or
envisioned character of the neighborhood.
The proposed amendments are intended to clarify or correct various development review
processes or requirements, and facilitate development activities. As such, the above
referenced elements of the Comprehensive Plan will be furthered.
2.The proposed amendment furthers the purposes of the Community Development Code
and other City ordinances and actions designed to implement the Plan.
The proposed text amendment will further the purposes of the CDC in that it will be
consistent with the following purposes set forth in Section 1-103.
It is the purpose of this Development Code to implement the Comprehensive Plan of the
city; to promote the health, safety, general welfare and quality of life in the city; to guide
the orderly growth and development of the city; to establish rules of procedure for land
development approvals; to enhance the character of the city and the preservation of
neighborhoods; and to enhance the quality of life of all residents and property owners of
the city (Section 1-103.A., CDC).
Provide for adequate light, air and privacy; secure safety from fire, flood and other
damage; prevent overcrowding of the land and undue congestion of population; and
improve the quality of life for the citizens of the city (Section 1-103.E.1., CDC).
Establish zoning districts of a size, type, location and with standards that reflect the
existing and desirable characteristics of a particular area within the city (Section 1-
103.E.8., CDC).
The amendments proposed by this ordinance will further the above referenced purposes by
expanding upon the existing rules of development, as well as clarifying and correcting those
existing rules of development.
SUMMARY AND RECOMMENDATION:
The proposed amendments to the Community Development Code are consistent with and will
further the goals of the Clearwater Comprehensive Plan and the purposes of the Community
Development Code. Based upon the above, the Planning and Development Department
APPROVAL
recommends of Ordinance No. 8371-13 that amends the Community Development
Code.
Prepared by Planning and Development Department Staff:
Robert G. Tefft,
Development Review Manager
ATTACHMENT: Ordinance No. 8371-13
Item # 12
Community Development Board December 18, 2012
TA2012-10008 Page 3
Meeting Date:
2/19/2013
Work Session
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Continue to March 21, 2013: Approve the Annexation of a portion of the road right-of-way located at the intersection of Sunset Point
Road and Hercules Avenue (consisting of a portion of Section 1, Township 29 South, Range 15 East, abutting real property whose post
office address is 1990 Sunset Point Road); and pass Ordinance 8374-13 on first reading. (ANX2012-12006)
SUMMARY:
This annexation petition involves 0.042 acres of a portion of the right-of-way located on the northwest corner of the
intersection of Sunset Point Road and Hercules Avenue. The City of Clearwater is requesting this annexation in order
to ensure that the entire right-of-way at this intersection is within the citys jurisdiction. The property is contiguous to
existing City boundaries to the north, south, east, and west. It is proposed that the property be assigned a Future Land
Use Map designation of Commercial General (CG) and a Zoning Atlas designation of Commercial (C).
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 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.
The proposed annexation is consistent with the Countywide Plan and the Citys Comprehensive Plan and Community
Development Code; and
The property proposed for annexation is contiguous to existing City boundaries to the north, south, east and west; therefore the
annexation is consistent with Florida Statutes Chapter 171.044.
Staff is requesting that this item be continued in order to allow for the accompanying ordinances designating the land
use and zoning be heard at the same meeting, scheduled for March 21, 2013.
Review Approval:
1) Office of Management and Budget 2) Legal 3) Clerk 4) Assistant City Manager 5) City Manager 6) Clerk
Cover Memo
Item # 13
Attachment number 1 \nPage 1 of 7
GAYLE
Utopi
RD
SUN TREE
SUNSET POINT RD
Sunset Grove Ln
PROJECT
SITE
CALUMET
ST
LOCATION MAP
Owner: Pinellas County Case: ANX2012-12006
NW Corner of CR-576 (Sunset Point Rd.) & R.O.W. Size
Site: 0.042
CR-425Hercules Ave.Acres:
()()
Land Use Zoning
PIN:
From : N/A (County) N/A (County)
To: N/A (City) N/A (City)
Atlas Page: 253A
Item # 13
S:\Planning Department\C D B\Annexations (ANX)\Active Cases\Sunset Point Rd ROW near 1990 ANX2012-12006 - City of
Clearwater\Maps\ANX2012-12006 Location.doc
Attachment number 1 \nPage 2 of 7
AERIAL PHOTOGRAPH
Owner: Pinellas County Case: ANX2012-12006
NW Corner of CR-576 (Sunset Point Rd.) & R.O.W. Size
Site: 0.042
CR-425Hercules Ave.Acres:
()()
Land Use Zoning
PIN:
From : N/A (County) N/A (County)
To: N/A (City) N/A (City)
Atlas Page: 253A
Item # 13
S:\Planning Department\C D B\Annexations (ANX)\Active Cases\Sunset Point Rd ROW near 1990 ANX2012-12006 - City of
Clearwater\Maps\ANX2012-12006 Aerial.doc
Attachment number 1 \nPage 3 of 7
88046
1934
1
1
1909
2
100
1903
SUNSET
P
120
61
6364
65
6667
68
6
1
110
59
5857
56
55
5453
5
1
PROPOSED ANNEXATION MAP
Owner: Pinellas County Case: ANX2012-12006
NW Corner of CR-576 (Sunset Point Rd.) & R.O.W. Size
Site: 0.042
CR-425Hercules Ave.Acres:
()()
Land Use Zoning
PIN:
From : N/A (County) N/A (County)
To: N/A (City) N/A (City)
Atlas Page: 253A
Item # 13
S:\Planning Department\C D B\Annexations (ANX)\Active Cases\Sunset Point Rd ROW near 1990 ANX2012-12006 - City of
Clearwater\Maps\ANX2012-12006 Proposed Annexation.doc
Attachment number 1 \nPage 4 of 7
1938
R/OG
1934
R/OS
I
1909
CG
CG
1903
RM
CG
FUTURE LAND USE MAP
Owner: Pinellas County Case: ANX2012-12006
NW Corner of CR-576 (Sunset Point Rd.) & R.O.W. Size
Site: 0.042
CR-425Hercules Ave.Acres:
()()
Land Use Zoning
PIN:
From : N/A (County) N/A (County)
To: N/A (City) N/A (City)
Atlas Page: 253A
Item # 13
S:\Planning Department\C D B\Annexations (ANX)\Active Cases\Sunset Point Rd ROW near 1990 ANX2012-12006 - City of
Clearwater\Maps\ANX2012-12006 Future Land Use.doc
Attachment number 1 \nPage 5 of 7
1934
OS/R
1909
C
I
1903
C
MDR
IRT
ZONING MAP
Owner: Pinellas County Case: ANX2012-12006
NW Corner of CR-576 (Sunset Point Rd.) & R.O.W. Size
Site: 0.042
CR-425Hercules Ave.Acres:
()()
Land Use Zoning
PIN:
From : N/A (County) N/A (County)
To: N/A (City) N/A (City)
Atlas Page: 253A
Item # 13
S:\Planning Department\C D B\Annexations (ANX)\Active Cases\Sunset Point Rd ROW near 1990 ANX2012-12006 - City of
Clearwater\Maps\ANX2012-12006 Zoning.doc
Attachment number 1 \nPage 6 of 7
88046
1934
Recreation
Drive-thru
1
1
Restaurant
1909
Gas Station
2
Retail
100
1903
Right of Way
SUNSET P
Single Family
Residential
120
Gas Station
61
6364
65
6667
68
6
1
110
59
5857
56
55
5453
5
1
EXISTING SURROUNDING USES MAP
Owner: Pinellas County Case: ANX2012-12006
NW Corner of CR-576 (Sunset Point Rd.) & R.O.W. Size
Site: 0.042
CR-425Hercules Ave.Acres:
()()
Land Use Zoning
PIN:
From : N/A (County) N/A (County)
To: N/A (City) N/A (City)
Atlas Page: 253A
Item # 13
S:\Planning Department\C D B\Annexations (ANX)\Active Cases\Sunset Point Rd ROW near 1990 ANX2012-12006 - City of
Clearwater\Maps\ANX2012-12006 Existing Surrounding Uses.doc
Attachment number 1 \nPage 7 of 7
View looking North at Sunset Point Road right-of-way, abutting
View looking West at Hercules Avenue right-of-way
1990 Sunset Point Rd.
View looking Northwesterly at intersection of Sunset Point
Road and Hercules Avenue
ANX2012-12006
Item # 13
City of Clearwater
Right-of-Way Abutting 1990 Sunset Point Rd.
Meeting Date:
2/19/2013
Work Session
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Appoint an alternate member to the Community Development Board for unexpired term through April 30, 2014.
SUMMARY:
APPOINTMENT WORKSHEET
Community Development Board
BOARD:
TERM: 4 years
APPOINTED BY: City Council
FINANCIAL DISCLOSURE: Yes
RESIDENCY REQUIREMENT: City of Clearwater
MEMBERS: 7 & 1 alternate
CHAIRPERSON: Nicholas C. Fritsch
MEETING DATES: 3rd Tues., 1:00 p.m.
Alternate
PLACE: Council Chambers APPTS. NEEDED:
SPECIAL QUALIFICATIONS: Board shall include members qualified and experienced in the fields of architecture, planning, landscape
architecture, engineering, construction, planning & land use law and real estate
th
THE FOLLOWING NOMINEE WAS APPOINTED AS THE ALTERNATE MEMBER AT THE FEBRUARY 7 COUNCIL MEETING. PER
EMAIL RECEIVED, HE DOES NOT WISH TO SERVE AS THE ALTERNATE MEMBER.
1. Alex Plisko 2358 Barkwood Pass, 33763 -
Architec
t
O: 800 Drew St., 33755
(Currently serving on the Public Art & Design Board)
STAFF HAS CONFIRMED THAT THE FOLLOWING INDIVIDUALS WISH TO BE CONSIDERED FOR THE ALTERNATE SEAT:
1. Sheila Cole 670 Island Way, #600, 33767
Marketing & Graphics
(Currently serving on the MCEB)
2. John Funk 2040 Sun Down Dr., 33763
Real Estate Broker
3. David L. Jaye 2856 Shady Oak Ct., 33761
Real Estate
(Currently serving on the Brownfields)
Zip codes of current members: 3 at 33755, 1 at 33761, 1 at 33764 and 3 at 33767
Current Categories:
1 Architect 1 Self Employed: Investor, Yacht Broker - BS Finance & Marketing
2 Civil Engineer
1 Consultant/BA Economics & Business
1 Consultant/Project Manager
1 Retired Business Mgt.
1 Retired (Economics)
Cover Memo
Review Approval:
1) Clerk
Item # 14
Attachment number 1 \nPage 1 of 2
Item # 14
Attachment number 1 \nPage 2 of 2
Item # 14
Attachment number 2 \nPage 1 of 2
Item # 14
Attachment number 2 \nPage 2 of 2
Item # 14
Attachment number 3 \nPage 1 of 2
Item # 14
Attachment number 3 \nPage 2 of 2
Item # 14
Meeting Date:
2/19/2013
Work Session
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Adopt Ordinance 8322-13 on second reading, amending Chapter 32, Code of Ordinances, relating to the collection and treatment of
wastewater and resources with the potential to be reclaimed.
SUMMARY:
Review Approval:
Cover Memo
Item # 15
Attachment number 1 \nPage 1 of 51
Item # 15
Attachment number 1 \nPage 2 of 51
Item # 15
Attachment number 1 \nPage 3 of 51
·
·
·
·
·
·
·
·
·
·
·
·
Item # 15
Attachment number 1 \nPage 4 of 51
·
·
Item # 15
Attachment number 1 \nPage 5 of 51
Item # 15
Attachment number 1 \nPage 6 of 51
Item # 15
Attachment number 1 \nPage 7 of 51
Item # 15
Attachment number 1 \nPage 8 of 51
Item # 15
Attachment number 1 \nPage 9 of 51
Item # 15
Attachment number 1 \nPage 10 of 51
Item # 15
Attachment number 1 \nPage 11 of 51
Item # 15
Attachment number 1 \nPage 12 of 51
Item # 15
Attachment number 1 \nPage 13 of 51
Item # 15
Attachment number 1 \nPage 14 of 51
Item # 15
Attachment number 1 \nPage 15 of 51
Item # 15
Attachment number 1 \nPage 16 of 51
Item # 15
Attachment number 1 \nPage 17 of 51
Item # 15
Attachment number 1 \nPage 18 of 51
Item # 15
Attachment number 1 \nPage 19 of 51
Item # 15
Attachment number 1 \nPage 20 of 51
Item # 15
Attachment number 1 \nPage 21 of 51
Item # 15
Attachment number 1 \nPage 22 of 51
Item # 15
Attachment number 1 \nPage 23 of 51
Item # 15
Attachment number 1 \nPage 24 of 51
Item # 15
Attachment number 1 \nPage 25 of 51
Item # 15
Attachment number 1 \nPage 26 of 51
Item # 15
Attachment number 1 \nPage 27 of 51
Item # 15
Attachment number 1 \nPage 28 of 51
Item # 15
Attachment number 1 \nPage 29 of 51
Item # 15
Attachment number 1 \nPage 30 of 51
Item # 15
Attachment number 1 \nPage 31 of 51
Item # 15
Attachment number 1 \nPage 32 of 51
Item # 15
Attachment number 1 \nPage 33 of 51
Item # 15
Attachment number 1 \nPage 34 of 51
Item # 15
Attachment number 1 \nPage 35 of 51
Item # 15
Attachment number 1 \nPage 36 of 51
Item # 15
Attachment number 1 \nPage 37 of 51
Item # 15
Attachment number 1 \nPage 38 of 51
Item # 15
Attachment number 1 \nPage 39 of 51
Item # 15
Attachment number 1 \nPage 40 of 51
Item # 15
Attachment number 1 \nPage 41 of 51
Item # 15
Attachment number 1 \nPage 42 of 51
Item # 15
Attachment number 1 \nPage 43 of 51
Item # 15
Attachment number 1 \nPage 44 of 51
Item # 15
Attachment number 1 \nPage 45 of 51
Item # 15
Attachment number 1 \nPage 46 of 51
Item # 15
Attachment number 1 \nPage 47 of 51
Item # 15
Attachment number 1 \nPage 48 of 51
Item # 15
Attachment number 1 \nPage 49 of 51
Item # 15
Attachment number 1 \nPage 50 of 51
Item # 15
Attachment number 1 \nPage 51 of 51
Item # 15
Meeting Date:
2/19/2013
Work Session
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Adopt Ordinance 8375-13 on second reading, vacating a portion of that certain private ingress/egress easement lying within Lot 5,
Renaissance Oaks First Addition as recorded in Plat Book 137, Pages 71 and 72 of the Public Records of Pinellas County, Florida.
SUMMARY:
Review Approval:
Cover Memo
Item # 16
Attachment number 1 \nPage 1 of 2
Item # 16
Attachment number 1 \nPage 2 of 2
Item # 16
Attachment number 2 \nPage 1 of 1
Item # 16
Meeting Date:
2/19/2013
Work Session
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Provisions for EMS services to the Phillies during Spring Training.
SUMMARY:
Review Approval:
1) Official Records and Legislative Services
Cover Memo
Item # 17
Meeting Date:
2/19/2013
Work Session
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Clearwater 100th Year Celebration - Mayor Cretekos
SUMMARY:
Review Approval:
Cover Memo
Item # 18
Meeting Date:
2/19/2013
Work Session
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Tallahassee Visit Recap - Councilmember Hock-DiPolito
SUMMARY:
Review Approval:
Cover Memo
Item # 19
Meeting Date:
2/19/2013
Work Session
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Tree Replacement Fee - Councilmember Bill Jonson
SUMMARY:
Review Approval:
Cover Memo
Item # 20
Meeting Date:
2/19/2013
Work Session
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Bombers Day Proclamation - Dean Robinson, Chairman of the Clearwater Bombers Reunion Day
SUMMARY:
Review Approval:
Cover Memo
Item # 21
Meeting Date:
2/19/2013
Work Session
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Outback Bowl Presentation
SUMMARY:
Review Approval:
Cover Memo
Item # 22