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07/18/2013 City Council Agenda Location: Council Chambers - City Hall Date: 7/18/2013- 6:00 PM Welcome. We are glad to have you join us. If you wish to speak, please wait to be recognized, then state your name and address. Persons speaking before the City Council shall be limited to three (3) minutes unless otherwise noted under Public Hearings. For other than Citizens to be heard regarding items not on the Agenda, a spokesperson for a group may speak for three (3) minutes plus an additional minute for each person in the audience that waives their right to speak, up to a maximum of ten (10) minutes. Prior to the item being presented, please obtain the needed form to designate a spokesperson from the City Clerk (right-hand side of dais). Up to thirty minutes of public comment will be allowed for an agenda item. No person shall speak more than once on the same subject unless granted permission by the City Council. The City of Clearwater strongly supports and fully complies with the Americans with Disabilities Act (ADA). Please advise us at least 48 hours prior to the meeting if you require special accommodations at 727-562-4090. Assisted Listening Devices are available. Kindly refrain from using beepers, cellular telephones and other distracting devices during the meeting. 1. Call to Order 2. Invocation 3. Pledge of Allegiance 4. Presentations 4.1 Service Awards Attachments 4.2 Commission for Florida Law Enforcement Accreditation - CPD Attachments 5. Approval of Minutes 5.1 Approve the minutes of the June 19, 2013 City Council Meeting as submitted in written summation by the City Clerk. Attachments 6. Citizens to be Heard re Items Not on the Agenda Public Hearings - Not before 6:00 PM 7. Administrative Public Hearings - Presentation of issues by City staff - Statement of case by applicant or representative (5 min.) - Council questions - Comments in support or opposition (3 min. per speaker or 10 min maximum as spokesperson for others that have waived their time) - Council questions - Final rebuttal by applicant or representative (5 min.) - Council disposition 7.1 Approve the City of Clearwater’s Fiscal Year 2013-2014 Consolidated Annual Action Plan, to carry forward the goals and objectives set forth in the Fiscal Years 2011-2016 Five-Year Consolidated Plan, as required by HUD, and authorize the City to enter into agreements with organizations contained in the Fiscal Year 2013-2014 Consolidated Annual Action Plan. Attachments 7.2 Approve the Annexation, Initial Land Use Plan Designations of Residential Suburban (RS) and Water/Drainage Feature and Initial Zoning Atlas Designation of Low Density Residential (LDR) District for 3030 Union Street (consisting of a portion of the West 1/2 of the Southwest 1/4 of the Southwest 1/4 of Section 33, Township 28 South, Range 16 East); and pass Ordinances 8424-13, 8425-13 and 8426-13 on first reading. (ANX2013-04008) Attachments 7.3 Approve the Annexation, Initial Land Use Plan Designation of Residential Suburban (RS) and Initial Zoning Atlas Designation of Low Density Residential (LDR) District for 3030 Union Street (consisting of a portion of the West 1/2 of the Southwest 1/4 of the Southwest 1/4 of Section 33, Township 28 South, Range 16 East); and pass Ordinances 8427-13, 8428-13 and 8429-13 on first reading. (ANX2013-05011) Attachments 7.4 Approve the annexation, initial Future Land Use Map designation of Residential Urban (RU) and initial Zoning Atlas designation of Low Medium Density Residential (LMDR) District for 2080 Lantana Avenue (Lot 7, Block C, Brook Lawn in Section 3, Township 29 South, Range 15 East); and pass Ordinances 8420-13, 8421-13 and 8422-13 on first reading. (ANX2013-04010) Attachments 7.5 Approve a Development Agreement between Bay Esplanade Project LLC (the property owner) and the City of Clearwater, providing for the allocation of 55 overnight accommodation units from the Hotel Density Reserve under Beach by Design; adopt Resolution 13-04, and authorize the appropriate officials to execute same. (DVA2013-02001) Attachments 7.6 Approve amendments to the Community Development Code providing for general development agreements and hotel density reserve agreements, providing more flexibility for veterinary offices in the Commercial (C) zoning district and pass Ordinance 8423-13 on first reading. (TA2013-05003) Attachments 7.7 Approve the Annexation, Future Land Use Map Amendment from Residential Urban (RU), Preservation (P) and Water/Drainage Feature (Water) (Pinellas County) to Residential Medium (RM), Preservation (P) and Water/Drainage Feature (Water), and Zoning Atlas Amendment from RPD-7.5, Residential Planned Development (7.5 UPA Max Density) category (Pinellas County) to Medium High Density Residential (MHDR) and Preservation (P) (City of Clearwater) for property located at 2200 and 2251 Montclair Road (consisting of a portion of the Southwest ¼ of the Northwest ¼ of Section 6, Township 29 South, Range 16 East) together with the abutting rights-of-way, less North Belcher Road, and right-of-way to the west of the Montclair Road right-of-way; and pass Ordinances 8409-13, 8410-13 and 8411-13 on first reading. (ANX2013-04007, LUP2013-04002 and REZ2013-04002) Attachments 8. Second Readings - Public Hearing 8.1 Adopt Ordinance 8398-13 on second reading, amending the Community Development Code Article 8, providing a revised definition for family and a new definition for housekeeping unit. Attachments 8.2 Adopt Ordinance 8400-13 on second reading, amending the future land use plan element of the Comprehensive Plan of the city to change the land use designation for certain real property whose post office address is 150 South McMullen Booth Road from Residential Office Limited (R/OL) to Institutional (I). Attachments 8.3 Adopt Ordinance 8401-13 on second reading, amending the Zoning Atlas of the city by rezoning for certain real property whose post office address is 150 South McMullen Booth Road, from Office (O) to Institutional (I). Attachments 8.4 Adopt Ordinance 8403-13 on second reading, annexing certain real property whose post office address is 1212 Aloha Lane into the corporate limits of the city and redefining the boundary lines of the city to include said addition. Attachments 8.5 Adopt Ordinance 8404-13 on second reading, amending the future land use plan element of the Comprehensive Plan of the city to designate the land use for certain real property whose post office address is 1212 Aloha Lane, upon annexation into the City of Clearwater, as Residential Urban (RU). Attachments 8.6 Adopt Ordinance 8405-13 on second reading, amending the Zoning Atlas of the city by zoning certain real property whose post office address is 1212 Aloha Lane, upon annexation into the City of Clearwater, as Low Medium Density Residential (LMDR). Attachments 8.7 Adopt Ordinance 8406-13 on second reading, annexing certain real property whose post office address is 1321 Parkwood Street, together with the abutting right-of-way, into the corporate limits of the city and redefining the boundary lines of the city to include said addition. Attachments 8.8 Adopt Ordinance 8407-13 on second reading, amending the future land use plan element of the Comprehensive Plan of the city to designate the land use for certain real property whose post office address is 1321 Parkwood Street, together with the abutting right-of-way, upon annexation into the City of Clearwater, as Residential Low (RL). Attachments 8.9 Adopt Ordinance 8408-13 on second reading, amending the Zoning Atlas of the city by zoning certain real property whose post office address is 1321 Parkwood Street, together with the abutting right-of-way, upon annexation into the City of Clearwater, as Low Medium Density Residential (LMDR). Attachments 8.10 Adopt Ordinance 8412-13 on second reading, annexing certain real property whose post office address is 1270 Palm Street, into the corporate limits of the city and redefining the boundary lines of the city to include said addition. Attachments 8.11 Adopt Ordinance 8413-13 on second reading, amending the future land use plan element of the Comprehensive Plan of the city to designate the land use for certain real property whose post office address is 1270 Palm Street, upon annexation into the City of Clearwater, as Residential Urban (RU). Attachments 8.12 Adopt Ordinance 8414-13 on second reading, amending the Zoning Atlas of the city by zoning certain real property whose post office address is 1270 Palm Street, upon annexation into the City of Clearwater, as Low Medium Density Residential (LMDR). Attachments 8.13 Adopt Ordinance 8415-13 on second reading, annexing certain real property whose post office address is 1544 Levern Street, into the corporate limits of the city and redefining the boundary lines of the city to include said addition. Attachments 8.14 Adopt Ordinance 8416-13 on second reading, amending the future land use plan element of the Comprehensive Plan of the city to designate the land use for certain real property whose post office address is 1544 Levern Street, upon annexation into the City of Clearwater, as Residential Low (RL). Attachments 8.15 Adopt Ordinance 8417-13 on second reading, amending the Zoning Atlas of the city by zoning certain real property whose post office address is 1544 Levern Street, upon annexation into the City of Clearwater, as Low Medium Density Residential (LMDR). Attachments 8.16 Adopt Ordinance 8430-13 on second reading, vacating a portion of the drainage easement encompassing a parcel of land lying in Section 05, Township 29 South, Range 16 East, Pinellas County, Florida, and being a portion of Lot 6, Winwood, as recorded in Plat Book 113, Pages 43-45 of the Public Records of Pinellas County, Florida. Attachments 8.17 Adopt Ordinance 8432-13 on second reading, amending the Operating Budget for the Fiscal Year ending September 30, 2013, to reflect increases and decreases in revenues and expenditures for the General Fund, Special Development Fund, Special Program Fund, Water and Sewer Fund, Solid Waste Fund, Recycling Fund, Gas Fund, Marine Fund, Airpark Fund, Clearwater Harbor Marina Fund, General Services Fund, and Garage Fund. Attachments 8.18 Adopt Ordinance 8433-13 on second reading, amending the Capital Improvement Budget for the Fiscal Year ending September 30, 2013, to reflect a net increase of $27,270,944. Attachments City Manager Reports 9. Consent Agenda 9.1 Accept a Gas Main and Utilities Easement conveyed by Wade Surfside Condominium Association, Inc. over a portion of property located at 18838 Gulf Boulevard, Indian Shores, Florida. (consent) Attachments 9.2 Approve the selection of Raftelis Financial Consultants, Inc. to conduct an efficiency study for the City of Clearwater Utility Customer Service function for an amount not to exceed $86,161; authorize staff to finalize a contact for such services; and authorize the appropriate officials to execute same. (consent) Attachments 9.3 Approve an agreement between Pinellas County (County) and the City of Clearwater (City) for the use of a portion of the Sand Key Park Parking Lot on Sunday, July 21, 2013 from 5:00 p.m. to 9:00 p.m. as overflow parking for a welcome party for the ASA Gold National Event being held in Clearwater and authorize the appropriate officials to execute same. (consent) Attachments 9.4 Approve submission of Department of Justice, Bureau of Justice Assistance (DOJ/BJA) Edward Byrne Memorial Justice Assistance Grant application in the amount of $56,631 and additional 2.7 Full Time Equivalent Position (FTE). (consent) Attachments 9.5 Approve the delegation of authority to the Chief of Police of the City of Clearwater, Florida to enter into short-term rental/lease agreements of real property, not to exceed a term of ninety days, for the purpose of proactively investigating criminal activity involving issues affecting the quality of life for Clearwater citizens. (consent) Attachments 9.6 Approve the Electronic Surveillance Support Team Multi-Agency Voluntary Cooperation Mutual Aid Agreement for law enforcement services between The Florida Department of Law Enforcement and the City of Clearwater, effective through June 30, 2016, and authorize the appropriate officials to execute same. (consent) Attachments 9.7 Ratify and confirm the City Manager’s approval of two Business Lease Contracts between the City of Clearwater and Lutheran Services Florida, Inc. for the use of city-owned properties located at 701 N. Missouri Avenue and 918 Palmetto Street; and authorize the appropriate officials to execute same. (consent) Attachments 10. Other Items on City Manager Reports 10.1 Adopt a tentative millage rate of 5.1550 mills for fiscal year 2013/14 and set public hearing dates on the budget for September 3, 2013 and September 19, 2013, to be held no earlier than 6:00 p.m. Attachments 10.2 Approve an increase in the Capitol Theatre budget (CIP 315-93623) for the construction of the Capitol Theatre in the amount of $500,000 upon receipt of $1,000,000 in State funding via the Cultural Facilities Program; amend the Capitol Theatre Operating Agreement between the City of Clearwater and Ruth Eckerd Hall, Inc. (REH) to reflect the same, upon receipt of $1,000,000 in State funding via the Cultural Facilities Program; and authorize the appropriate officials to execute same. Attachments 10.3 Approve City of Clearwater Vision and Strategic Direction and adopt Resolution 13-20. Attachments Miscellaneous Reports and Items 11. City Manager Verbal Reports 11.1 Centennial Celebration - Gina Dewitt Attachments 11.2 Clearwater Marine Aquarium Referendum Ballot Information - Joelle Castelli, Public Communications Director Attachments 12. Other Council Action 12.1 Benchmarking and Best Practices - Councilmember Jonson Attachments 12.2 Coastie - Councilmember Hock-DiPolito Attachments 13. Closing Comments by Mayor 14. Adjourn City Council Agenda Council Chambers - City Hall Meeting Date:7/18/2013 SUBJECT / RECOMMENDATION: Service Awards SUMMARY: 5 Years of Service Christopher Mears Solid Waste/General Services Kimberly Pierce Police Louis Cobb Solid Waste/General Services Todd Deerwester Solid Waste/General Services 10 Years of Service Shelby Schaar Planning and Development Services Gabriel Parra Planning and Development Services Mara de la Cantera Public Utilities 15 Years of Service Andrea Beane Engineering/Stormwater Virginia Gallon Police Kyle Resler Police Robert Furman Police 20 Years of Service Thomas Milne Police Brian Dewitt Police 25 Years of Service Jeffrey Gifford Library Margaret Plennert Police Robert Lillico Solid Waste/General Services James McCulley Gas Review Approval: Cover Memo Item # 1 City Council Agenda Council Chambers - City Hall Meeting Date:7/18/2013 SUBJECT / RECOMMENDATION: Commission for Florida Law Enforcement Accreditation - CPD SUMMARY: Review Approval: Cover Memo Item # 2 City Council Agenda Council Chambers - City Hall Meeting Date:7/18/2013 SUBJECT / RECOMMENDATION: Approve the minutes of the June 19, 2013 City Council Meeting as submitted in written summation by the City Clerk. SUMMARY: Review Approval: Cover Memo Item # 3 Council 2013-06-19 1 CLEARWATER CITY COUNCIL MEETING MINUTES CITY OF CLEARWATER June 19, 2013 Present: Mayor George N. Cretekos, Vice Mayor Paul Gibson, Councilmember Doreen Hock-DiPolito, Councilmember Bill Jonson, and Councilmember Jay E. Polglaze. Also Present: William B. Horne II - City Manager, Jill Silverboard - Assistant City Manager, Rod Irwin - Assistant City Manager, Pamela K. Akin - City Attorney, Rosemarie Call - City Clerk, and Nicole Sprague - Official Records and Legislative Services Coordinator. To provide continuity for research, items are in agenda order although not necessarily discussed in that order. Unapproved 1. Call to Order – Mayor George N. Cretekos 2. Invocation – Father James Paris from Holy Trinity Greek Orthodox Church 3. Pledge of Allegiance - Councilmember Jay E. Polglaze 4. Presentations 4.1 Service Awards The June 2013 Employee of the Month Award was presented to Jay Gibson, Engineering. 4.2 Proclamation Florida Society of the Sons of the American Revolution - July 4, 2013 5. Approval of Minutes 5.1 Approve the minutes of the June 6, 2013 City Council Meeting as submitted in written summation by the City Clerk. Councilmember Bill Jonson moved to approve the minutes of the June 6, 2013 City Council Meeting as submitted in written summation by the City Clerk. The motion was duly seconded and carried unanimously. 6. Citizens to be Heard re Items Not on the Agenda DraftAttachment number 1 \nPage 1 of 32 Item # 3 Council 2013-06-19 2 Sharon Edge opposed the "Chunky Sunday" gatherings and supported continued police presence in the neighborhood. Public Hearings - Not before 6:00 PM 7. Administrative Public Hearings 7.1 Approve the request from the owner of property addressed at 1835 Winwood Drive, Clearwater, to vacate a portion of a platted drainage easement; and pass Ordinance 8430-13 on first reading (VAC2013-03). A recent survey of property located within the city limits at 1835 Winwood Drive shows that existing improvements on the property encroach onto a platted drainage easement by 1.1 feet. The property owners are also planning to construct new improvements that will encroach by a similar distance. The property owners have requested that this portion of the easement be vacated. The remainder of the easement will remain intact and will provide for adequate area for the City’s Stormwater Division to perform its responsibilities. Councilmember Jay Polglaze moved to approve the request from the owner of property addressed at 1835 Winwood Drive, Clearwater, to vacate a portion of a platted drainage easement. The motion was duly seconded and carried unanimously. Ordinance 8430-13 was presented and read by title only. Vice Mayor Paul Gibson moved to approve Ordinance 8430-13 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Mayor George N. Cretekos, Vice Mayor Paul Gibson, Councilmember Doreen Hock-DiPolito, Councilmember Bill Jonson, and Councilmember Jay E. Polglaze. "Nays": None. 7.2 Approve the Annexation, Initial Land Use Plan Designation of Residential Low (RL) and Initial Zoning Atlas Designation of Low Medium Density Residential (LMDR) District for 1544 Levern Street (Lot 1, Block E, Bonair Hill Subdivision in Section 11, Township 29 South, Range 15 East); and pass Ordinances 8415-13, 8416-13 and 8417-13 on first reading. (ANX2013-03004) DraftAttachment number 1 \nPage 2 of 32 Item # 3 Council 2013-06-19 3 This voluntary annexation petition involves a 0.19-acre property consisting of one parcel of land occupied by a single-family dwelling. It is located on the north side of Levern Street, approximately 160 feet west of Wood Avenue. The applicant is requesting this annexation in order to receive sanitary sewer and solid waste service from the City. The property is located within an enclave and is contiguous to existing City boundaries to the north, south, and west. It is proposed that the property be assigned a Future Land Use Plan designation of Residential Low (RL) and a zoning category of Low Medium Density Residential (LMDR). The Planning and Development Department determined that the proposed annexation is consistent with the provisions of Community Development Code Section 4-604.E as follows: The property currently receives water service from the City. The closest sanitary sewer line is located in the adjacent Levern Street right-of-way. The applicant has not yet paid the City's sewer impact and assessment fees and is aware of the additional costs to extend City sewer service to this property. Collection of solid waste will be provided by the City of Clearwater. The property is located within Police District II and service will be administered through the district headquarters located at 645 Pierce Street. Fire and emergency medical services will be provided to this property by Station 47 located at 1460 Lakeview Road. The City has adequate capacity to serve this property with sanitary sewer, solid waste, police, fire and EMS service. The proposed annexation will not have an adverse effect on public facilities and their levels of service; and The proposed annexation is consistent with and promotes the following objective of the Clearwater Comprehensive Plan: Objective A.6.4 Due to the built-out character of the City of Clearwater, compact urban development within the urban service area shall be promoted through application of the Clearwater Community Development Code. Objective A.7.2 Diversify and expand the City’s tax base through the annexation of a variety of land uses located within the Clearwater Planning Area. Policy A.7.2.3 Continue to process voluntary annexations for single-family residential properties upon request. The proposed RL Future Land Use Plan category is consistent with the current Countywide Plan designation of this property. This designation primarily permits residential uses at a density of 5 units per acre. The proposed zoning district to be assigned to the property is the Low Medium Density Residential (LMDR) District. The use of the subject property is consistent with the uses allowed in the District DraftAttachment number 1 \nPage 3 of 32 Item # 3 Council 2013-06-19 4 and the property exceeds the District’s minimum dimensional requirements. The proposed annexation is therefore consistent with the Countywide Plan and the City’s Comprehensive Plan and Community Development Code; and The property proposed for annexation is contiguous to existing City boundaries to the north, south, and west; therefore the annexation is consistent with Florida Statutes Chapter 171.044. Councilmember Bill Jonson moved to approve the Annexation, Initial Land Use Plan Designation of Residential Low (RL) and Initial Zoning Atlas Designation of Low Medium Density Residential (LMDR) District for 1544 Levern Street (Lot 1, Block E, Bonair Hill Subdivision in Section 11, Township 29 South, Range 15 East). The motion was duly seconded and carried unanimously. Councilmember Doreen Hock-DiPolito moved to approve Ordinance 8415-13 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Mayor George N. Cretekos, Vice Mayor Paul Gibson, Councilmember Doreen Hock-DiPolito, Councilmember Bill Jonson, and Councilmember Jay E. Polglaze. "Nays": None. Ordinance 8416-13 was presented and read by title only. Councilmember Jay E. Polglaze moved to approve Ordinance 8416-13 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Mayor George N. Cretekos, Vice Mayor Paul Gibson, Councilmember Doreen Hock-DiPolito, Councilmember Bill Jonson, and Councilmember Jay E. Polglaze. "Nays": None. Ordinance 8417-13 was presented and read by title only. Vice Mayor Paul Gibson moved to approve Ordinance 8417-13 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Mayor George N. Cretekos, Vice Mayor Paul Gibson, Councilmember Doreen Hock-DiPolito, Councilmember Bill Jonson, and Councilmember Jay E. Polglaze. DraftAttachment number 1 \nPage 4 of 32 Item # 3 Council 2013-06-19 5 "Nays": None. 7.3 Approve the annexation, initial Future Land Use Map designation of Residential Urban (RU) and initial Zoning Atlas designation of Low Medium Density Residential (LMDR) District for 1212 Aloha Lane (Lot 3, Block 3, Sunset Knoll in Section 3, Township 29 South, Range 15 East); and Pass Ordinances 8403-13, 8404-13 and 8405-13 on first reading. (ANX2013-03005) This voluntary annexation petition involves a 0.164-acre property consisting of one parcel of land occupied by a single-family dwelling. It is located on the north side of Aloha Lane, approximately 125 feet east of Douglas Avenue. The applicant is requesting annexation in order to receive solid waste service from the City, and will connect to City sewer when it is available in the future, as part of the City’s Idlewild/The Mall Septic-to-Sewer Project. The property is contiguous to existing City boundaries to the north. It is proposed that the property be assigned a Future Land Use Map designation of Residential Urban (RU) and a Zoning Atlas designation of Low Medium Density Residential (LMDR). The Planning and Development Department determined that the proposed annexation is consistent with the provisions of Clearwater Community Development Code Section 4-604.E as follows: The property currently receives water service from the City. Collection of solid waste service will be provided to the property by the City. The applicant will connect to the City’s sanitary sewer service when it is available, and is aware of the fee that must be paid in order to connect and the financial incentives available. The property is located within Police District II and service will be administered through the district headquarters located at 645 Pierce Street. Fire and emergency medical services will be provided to this property by Station 51 located at 1720 Overbrook Avenue. The City has adequate capacity to serve this property with sanitary sewer, solid waste, police, fire and EMS service. The proposed annexation will not have an adverse effect on public facilities and their levels of service; and The proposed annexation is consistent with and promotes the following objective of the Clearwater Comprehensive Plan: Objective A.6.4 Due to the built-out character of the City of Clearwater, compact urban development within the urban service area shall be promoted through application of the Clearwater Community Development Code. DraftAttachment number 1 \nPage 5 of 32 Item # 3 Council 2013-06-19 6 Objective A.7.2 Diversify and expand the City’s tax base through the annexation of a variety of land uses located within the Clearwater Planning Area. Policy A.7.2.3 Continue to process voluntary annexations for single-family residential properties upon request. The proposed Residential Urban (RU) Future Land Use Map category is consistent with the current Countywide Plan designation of this property. This designation primarily permits residential uses at a density of 7.5 units per acre. The proposed zoning district to be assigned to the property is the Low Medium Density Residential (LMDR) District. The use of the subject property is consistent with the uses allowed in the district and the property exceeds the district’s minimum dimensional requirements. The proposed annexation is therefore consistent with the Countywide Plan and the City’s Comprehensive Plan and Community Development Code; and The property proposed for annexation is contiguous to existing City boundaries to the north; therefore, the annexation is consistent with Florida Statutes Chapter 171.044. Councilmember Bill Jonson moved to approve the annexation, initial Future Land Use Map designation of Residential Urban (RU) and initial Zoning Atlas designation of Low Medium Density Residential (LMDR) District for 1212 Aloha Lane (Lot 3, Block 3, Sunset Knoll in Section 3, Township 29 South, Range 15 East). The motion was duly seconded and carried unanimously. Ordinance 8403-13 was presented and read by title only. Councilmember Doreen Hock-DiPolito moved to approve Ordinance 8403-13 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Mayor George N. Cretekos, Vice Mayor Paul Gibson, Councilmember Doreen Hock-DiPolito, Councilmember Bill Jonson, and Councilmember Jay E. Polglaze. "Nays": None. Ordinance 8404-13 was presented and read by title only. Councilmember Jay E. Polglaze moved to approve Ordinance 8404-13 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Mayor George N. Cretekos, Vice Mayor Paul Gibson, Councilmember Doreen Hock-DiPolito, Councilmember Bill Jonson, and Councilmember Jay E. Polglaze. DraftAttachment number 1 \nPage 6 of 32 Item # 3 Council 2013-06-19 7 "Nays": None. Ordinance 8405-13 was presented and read by title only. Vice Mayor Paul Gibson moved to approve Ordinance 8405-13 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Mayor George N. Cretekos, Vice Mayor Paul Gibson, Councilmember Doreen Hock-DiPolito, Councilmember Bill Jonson, and Councilmember Jay E. Polglaze. "Nays": None. 7.4 Approve the Annexation, Initial Land Use Plan Designation of Residential Low (RL) and Initial Zoning Atlas Designation of Low Medium Density Residential (LMDR) District for 1321 Parkwood Street (Lot 3, Block B, Pine Ridge Subdivision, in Section 10, Township 29 South, Range 15 East) together with the abutting right-of-way of Parkwood Street; and pass Ordinances 8406-13, 8407- 13 and 8408-13 on first reading. (ANX2013-03006) This voluntary annexation petition involves a 0.178-acre property consisting of one parcel of land occupied by a single-family dwelling. It is located on the south side of Parkwood Street, approximately 400 feet east of Betty Lane. The applicant is requesting this annexation in order to receive sanitary sewer and solid waste service from the City. The Planning and Development Department is requesting that the 0.092-acres of abutting Parkwood Street right-of-way not currently within the City limits also be annexed. The property is located within an enclave and is contiguous to existing City boundaries to the north and south. It is proposed that the property be assigned a Future Land Use Plan designation of Residential Low (RL) and a zoning category of Low Medium Density Residential (LMDR). The Planning and Development Department determined that the proposed annexation is consistent with the provisions of Community Development Code Section 4-604.E as follows: The property currently receives water service from the City. The closest sanitary sewer line is located in the adjacent Parkwood Street right-of-way. The applicant has paid the City's sewer impact and assessment fees and is aware of the additional costs to extend City sewer service to this property. Collection of solid waste will be provided by the City of Clearwater. The property is located within Police District II and service will be administered through the district headquarters located at 645 Pierce Street. Fire and emergency medical services will be DraftAttachment number 1 \nPage 7 of 32 Item # 3 Council 2013-06-19 8 provided to this property by Station 51 located at 1720 Overbrook Avenue. The City has adequate capacity to serve this property with sanitary sewer, solid waste, police, fire and EMS service. The proposed annexation will not have an adverse effect on public facilities and their levels of service; and The proposed annexation is consistent with and promotes the following objective of the Clearwater Comprehensive Plan: Objective A.6.4 Due to the built-out character of the City of Clearwater, compact urban development within the urban service area shall be promoted through application of the Clearwater Community Development Code. Objective A.7.2 Diversify and expand the City’s tax base through the annexation of a variety of land uses located within the Clearwater Planning Area. Policy A.7.2.3 Continue to process voluntary annexations for single-family residential properties upon request. The proposed RL Future Land Use Plan category is consistent with the current Countywide Plan designation of this property. This designation primarily permits residential uses at a density of 5 units per acre. The proposed zoning district to be assigned to the property is the Low Medium Density Residential (LMDR) District. The use of the subject property is consistent with the uses allowed in the District and the property exceeds the District’s minimum dimensional requirements. The proposed annexation is therefore consistent with the Countywide Plan and the City’s Comprehensive Plan and Community Development Code; and The property proposed for annexation is contiguous to existing City boundaries to the north and south; therefore the annexation is consistent with Florida Statutes Chapter 171.044. Councilmember Bill Jonson moved to approve the Annexation, Initial Land Use Plan Designation of Residential Low (RL) and Initial Zoning Atlas Designation of Low Medium Density Residential (LMDR) District for 1321 Parkwood Street (Lot 3, Block B, Pine Ridge Subdivision, in Section 10, Township 29 South, Range 15 East) together with the abutting right-of-way of Parkwood Street. The motion was duly seconded and carried unanimously. Ordinance 8406-13 was presented and read by title only. Councilmember Doreen Hock-DiPolito moved to approve Ordinance 8406-13 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Mayor George N. Cretekos, Vice Mayor Paul Gibson, Councilmember Doreen Hock-DiPolito, Councilmember Bill Jonson, and Councilmember DraftAttachment number 1 \nPage 8 of 32 Item # 3 Council 2013-06-19 9 Jay E. Polglaze. "Nays": None. Ordinance 8407-13 was presented and read by title only. Councilmember Jay E. Polglaze moved to approve Ordinance 8407-13 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Mayor George N. Cretekos, Vice Mayor Paul Gibson, Councilmember Doreen Hock-DiPolito, Councilmember Bill Jonson, and Councilmember Jay E. Polglaze. "Nays": None. Ordinance 8408-13 was presented and read by title only. Vice Mayor Paul Gibson moved to approve Ordinance 8408-13 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Mayor George N. Cretekos, Vice Mayor Paul Gibson, Councilmember Doreen Hock-DiPolito, Councilmember Bill Jonson, and Councilmember Jay E. Polglaze. "Nays": None. 7.5 Approve the annexation, initial Future Land Use Map designation of Residential Urban (RU) and initial Zoning Atlas designation of Low Medium Density Residential (LMDR) District for 1270 Palm Street (Lot 11, Knights Acres in Section 3, Township 29 South, Range 15 East); and Pass Ordinances 8412-13, 8413-13 and 8414-13 on first reading. (ANX2013-04009) This voluntary annexation petition involves a 0.118-acre property consisting of one parcel of land occupied by a single-family dwelling. It is located on the north side of Palm Street, approximately 200 feet west of Betty Lane. The applicant is requesting annexation in order to receive solid waste service from the City, and will connect to City sewer when it is available in the future, as part of the City's Idlewild/The Mall Septic-to-Sewer Project. The property is contiguous to existing city boundaries to the south. It is proposed that the property be assigned a Future Land Use Map designation of Residential Urban (RU) and a Zoning Atlas designation of Low Medium Density Residential (LMDR). DraftAttachment number 1 \nPage 9 of 32 Item # 3 Council 2013-06-19 10 The Planning and Development Department determined that the proposed annexation is consistent with the provisions of Clearwater Community Development Code Section 4-604.E as follows: The property currently receives water service from the City. Collection of solid waste service will be provided to the property by the City. The applicant will connect to the City’s sanitary sewer service when it is available, and is aware of the fee that must be paid in order to connect and the financial incentives available. The property is located within Police District II and service will be administered through the district headquarters located at 645 Pierce Street. Fire and emergency medical services will be provided to this property by Station 51 located at 1720 Overbrook Avenue. The City has adequate capacity to serve this property with sanitary sewer, solid waste, police, fire and EMS service. The proposed annexation will not have an adverse effect on public facilities and their levels of service; and The proposed annexation is consistent with and promotes the following objective of the Clearwater Comprehensive Plan: Objective A.6.4 Due to the built-out character of the City of Clearwater, compact urban development within the urban service area shall be promoted through application of the Clearwater Community Development Code. Objective A.7.2 Diversify and expand the City’s tax base through the annexation of a variety of land uses located within the Clearwater Planning Area. Policy A.7.2.3 Continue to process voluntary annexations for single-family residential properties upon request. The proposed Residential Urban (RU) Future Land Use Map category is consistent with the current Countywide Plan designation of this property. This designation primarily permits residential uses at a density of 7.5 units per acre. The proposed zoning district to be assigned to the property is the Low Medium Density Residential (LMDR) District. The use of the subject property is consistent with the uses allowed in the district and the property exceeds the district’s minimum dimensional requirements. The proposed annexation is therefore consistent with the Countywide Plan and the City’s Comprehensive Plan and Community Development Code; and The property proposed for annexation is contiguous to existing City boundaries to the south; therefore, the annexation is consistent with Florida Statutes Chapter 171.044. DraftAttachment number 1 \nPage 10 of 32 Item # 3 Council 2013-06-19 11 Councilmember Bill Jonson moved to approve the annexation, initial Future Land Use Map designation of Residential Urban (RU) and initial Zoning Atlas designation of Low Medium Density Residential (LMDR) District for 1270 Palm Street (Lot 11, Knights Acres in Section 3, Township 29 South, Range 15 East). The motion was duly seconded and carried unanimously. Ordinance 8412-13 was presented and read by title only. Councilmember Doreen Hock-DiPolito moved to approve Ordinance 8412-13 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Mayor George N. Cretekos, Vice Mayor Paul Gibson, Councilmember Doreen Hock-DiPolito, Councilmember Bill Jonson, and Councilmember Jay E. Polglaze. "Nays": None. Ordinance 8413-13 was presented and read by title only. Councilmember Jay E. Polglaze moved to approve Ordinance 8413-13 was presented on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Mayor George N. Cretekos, Vice Mayor Paul Gibson, Councilmember Doreen Hock-DiPolito, Councilmember Bill Jonson, and Councilmember Jay E. Polglaze. "Nays": None. Ordinance 8414-13 was presented and read by title only. Vice Mayor Paul Gibson moved to approve Ordinance 8414-13 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Mayor George N. Cretekos, Vice Mayor Paul Gibson, Councilmember Doreen Hock-DiPolito, Councilmember Bill Jonson, and Councilmember Jay E. Polglaze. "Nays": None. 7.6 Approve an Amendment to the Development Agreement between Sea Captain, a Florida General Partnership (the property owner), and the City of Clearwater, providing for the allocation of 53 units from the Hotel Density Reserve established in Beach by Design; adopt Resolution 13-06, and authorize the appropriate officials to execute same. (DVA2010-08001A) DraftAttachment number 1 \nPage 11 of 32 Item # 3 Council 2013-06-19 12 On January 13, 2011, City Council approved a development agreement with the Sea Captain, a Florida General Partnership, for a property located at 40 Devon Drive. This agreement allocated 53 units from the Hotel Density Reserve on Clearwater Beach for the construction of a new hotel on this site. The site plan approved in conjunction with this agreement (FLD2010-08004) was attached to the development agreement as Exhibit A. The development order authorizing that site plan expired on December 21, 2012. The proposed amendment to the development agreement replaces the expired Exhibit A with a newly approved site plan (FLD2013-02007). There are no changes between the newly approved site plan and the one originally associated with the development agreement. The total 0.829-acre parcel is located on the north side of Devon Drive, approximately 150 feet east of Coronado Drive. The majority of the subject property (0.659 acre) is zoned Tourist (T) District, but the eastern portion (0.17 acre) of the subject property north of the adjacent detached dwelling at 94 Devon Drive is zoned Low Medium Density Residential (LMDR) District and is not part of Beach by Design. The subject property is currently developed with a 27-room motel. However, it is proposed to be redeveloped under FLD2013-02007 with an overnight accommodation use of a total of 85 rooms (128.98 rooms/acre on the acreage zoned Tourist (T) District, including the allocation of 53 units from the Hotel Density Reserve), approximately 7,986 square feet of accessory uses to the hotel and a height of 75.25 feet (to top of roof deck). On May 21, 2013, the Community Development Board (CDB) approved with 17 conditions of approval FLD2013- 02007 for the construction of the 85-room hotel with associated amenities. The proposed hotel and its accessory uses are located solely within the area zoned Tourist (T) District (only the retention area is located with the area zoned Low Medium Density Residential [LMDR] District) and the calculations for density and impervious surface ratio are based upon only the land area zoned Tourist (T) District. The proposal is in compliance with the standards for development agreements, is consistent with the Comprehensive Plan and furthers the vision of beach redevelopment set forth in Beach by Design. The proposed Development Agreement will be in effect for a period not to exceed ten 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 53 units from the Hotel Density Reserve; DraftAttachment number 1 \nPage 12 of 32 Item # 3 Council 2013-06-19 13 • Requires the developer to obtain building permits and certificates of occupancy in accordance with Community Development Code (CDC) Section 4-407; • Requires the return of any hotel unit obtained from the Hotel Density Reserve that is not constructed; • For units allocated from the Hotel Density Reserve, prohibits the conversion of any hotel unit to a residential use and requires the recording of a covenant restricting use of such hotel units to overnight accommodation usage; and • Requires a legally enforceable mandatory evacuation/closure covenant that the hotel will be closed as soon as practicable after a hurricane watch that includes Clearwater Beach is posted by the National Hurricane Center. The Community Development Board reviewed this Development Agreement application at its public hearing on May 21, 2013, and unanimously recommended approval of the application (DVA2010-08001A). In response to questions, Planning and Development Director Michael Delk said the city's code provides the applicant a period of time to utilize their entitlements on the development order before they expire, or are lost. When a hurricane warning is issued, staff will work with the beach hoteliers regarding the evacuation of their hotel occupants; arrangements to evacuate the beach may take 24-48 hours. The City Attorney said there is no absolute timeframe for hoteliers to evacuate; hoteliers will have a period of time to activate the evacuation process and leave the island. Councilmember Bill Jonson moved to approve an Amendment to the Development Agreement between Sea Captain, a Florida General Partnership (the property owner), and the City of Clearwater, providing for the allocation of 53 units from the Hotel Density Reserve established in Beach by Design. The motion was duly seconded and carried unanimously. Resolution 13-06 was presented and read by title only. Councilmember Doreen Hock- DiPolito moved to adopt Resolution 13-06. The motion was duly seconded and upon roll call, the vote was: "Ayes": Mayor George N. Cretekos, Vice Mayor Paul Gibson, Councilmember Doreen Hock-DiPolito, Councilmember Bill Jonson, and Councilmember Jay E. Polglaze. "Nays": None. DraftAttachment number 1 \nPage 13 of 32 Item # 3 Council 2013-06-19 14 7.7 Approve a Development Agreement between Clearwater Grande Development, LLC (the property owner) and the City of Clearwater, providing for the allocation of 80 overnight accommodation units from the Hotel Density Reserve under Beach by Design; adopt Resolution 13-05, and authorize the appropriate officials to execute same. (DVA2013-03001) The 1.437 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. The property is located within the Tourist (T) District and the Resort Facilities High (RFH) Future Land Use Plan category. The subject property is located in the Clearwater Pass character district of Beach by Design. The development proposal would retain the Quality Inn while redeveloping the existing parking area with a new 14-story, 90-room Hampton Inn and Suites. On March 22, 2005, the Community Development Board approved Case FLD2004-12088 for the Termination of Status of Nonconformity for density to retain the existing 91 overnight accommodation units on the subject property. On May 21, 2013, the Community Development Board approved with 19 conditions a Flexible Development application to permit a 171-room overnight accommodation use (FLD2013-03011). As a part of this application, the owners are proposing to utilize the existing 91-rooms obtained through the Termination of Status of Nonconformity for density while requesting an additional 80 hotel rooms from the Hotel Density Reserve through Beach by Design, resulting in a total of 171 hotel rooms on the property. The proposal will reduce the number of rooms in the Quality Inn from 91 to 81 rooms by converting 16 standard rooms into eight suites, and two standard rooms into storage space. These ten reduced rooms will then be added to the overall number of hotel rooms for the proposed Hampton Inn and Suites (90 rooms). The Development Agreement proposes to allow 171 overnight accommodation units with a density of 118.99 rooms per acre on net lot acreage, which includes the allocation of 80 units from the Hotel Density Reserve on a lot of 62,620 square feet of lot area which is below the maximum density of 150 units per acre as set forth in Beach by Design special area plan. A total of 206 off-street parking spaces will be provided for the use of both hotels. The number of parking spaces complies with the development standard of 1.2 spaces per unit as set forth in the Community Development Code. DraftAttachment number 1 \nPage 14 of 32 Item # 3 Council 2013-06-19 15 The development proposal will not degrade the Level of Service (LOS D or better) on surrounding transportation facilities nor adversely affect the nearby signalized intersection, which is consistent with Metropolitan Planning Organizations concurrency management for transportation facilities. The proposal is in compliance with the standards for development agreements, is consistent with the Comprehensive Plan and furthers the vision of beach redevelopment set forth in Beach by Design. The proposed Development Agreement will be in effect for a period not to exceed ten 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 80 units from the Hotel Density Reserve; • Requires the return of any hotel unit obtained from the Hotel Density Reserve that is not constructed; • For units allocated from the Hotel Density Reserve, prohibits the conversion of any hotel unit to a residential use and requires the recording of a covenant restricting use of such hotel units to overnight accommodation usage; and • Requires a legally enforceable mandatory evacuation/closure covenant that the hotel will be closed as soon as practicable after a hurricane watch that includes Clearwater Beach is posted by the National Hurricane Center. The Community Development Board reviewed this Development Agreement at its public hearing on May 21, 2013, and recommended approval. In response to questions, the City Attorney said the applicant has agreed to include language in the development agreement prohibiting amplified sound outdoors, Sunday through Thursday after 11:00 p.m. and Friday through Saturday after midnight. Planning and Development Director Michael Delk reviewed the proposed renderings facing each side of the building and said the mass and scale of the proposed building has been reduced, including the number of hotel rooms. Staff was directed to provide information on the anticipated sales tax/bed tax impact to the City, based on 65% occupancy, for development agreements that come before Council. It was stated that staff could retrieve the information from the applicant, as it should be compiled for the lender. Applicant representative Ed Armstrong said the original proposal was modified to address concerns raised by Council. The applicant will share the project's projected economic impact compiled for the lender with staff. Applicant Steve Page said the proposal before Council has all requested density units going to new construction, located on one parcel, and reduced building height and mass by eliminating 26 units. Architect Alcides Santiesteban said the pavilion and covered outdoor seating DraftAttachment number 1 \nPage 15 of 32 Item # 3 Council 2013-06-19 16 area is located on the sixth floor; residences are located on the seventh floor. One individual spoke in opposition and one individual expressed concern regarding the project not meeting scenic corridor criteria. Three individuals spoke in support. Councilmember Jay Polglaze moved to approve a Development Agreement between Clearwater Grande Development, LLC (the property owner) and the City of Clearwater, providing for the allocation of 80 overnight accommodation units from the Hotel Density Reserve under Beach by Design. The motion was duly seconded. In response to questions, Mr. Delk said staff reviewed the project and determined it was consistent with all Beach by Design criteria. There is no specific landscape plan requirement for S. Gulfview Boulevard. The T (Tourist) District allows a range of setbacks; the reserve allows height to go above 100 if the applicant utilizes the density pool, which is governed by FAR (floor area ratio). Mr. Santiesteban said the adjoining property is built on the property line, creating a zero property line. The proposed project includes a 10 ft. 1 in. setback to vertical structure; the landscape can be modified if the proposed tree species are too large. Upon the vote being taken, the motion carried unanimously. Resolution 13-05 was presented and read by title only. Vice Mayor Paul Gibson moved to adopt Resolution 13-05. The motion was duly seconded and upon roll call, the vote was: "Ayes": Mayor George N. Cretekos, Vice Mayor Paul Gibson, Councilmember Doreen Hock-DiPolito, Councilmember Bill Jonson, and Councilmember Jay E. Polglaze. "Nays": None. 7.8 Approve amendments to the Community Development Code providing for a revised definition for family and a new definition for housekeeping unit, consistent with the terms of the conciliation/voluntary compliance agreement entered into by and between the United States Department of Housing and Urban Development and the City of Clearwater and pass Ordinance 8398-13 on first reading. (TA2013-03001) On October 5, 2012, a complaint was filed against the City of Clearwater with the United States Department of Housing and Urban Development (HUD) alleging discrimination based on disability. In January 2013, the City and HUD (on behalf of the complainant) entered into a Conciliation Agreement, which is a voluntary DraftAttachment number 1 \nPage 16 of 32 Item # 3 Council 2013-06-19 17 and full settlement of the disputed complaint. Under the terms of this agreement, the City agreed to amend and/or add definitions for family and housekeeping unit within 180 days of the effective date of the agreement. Ordinance 8398-13 includes amendments to Section 8-102, Definitions, of the Community Development Code, consistent with the terms of the Conciliation Agreement. Modifications are included to the existing definition of family to provide further clarity, and a new definition for housekeeping unit is proposed. The new definition for housekeeping unit includes six situations that would exclude a group from being classified as a housekeeping unit, such as presence of interior doors with padlocks or keyed doorknobs limiting tenants’ access, or if members have separate leases or subleases and make separate payments to the landlord, if the group significantly reforms over the course of 12 months or during the lease term, or if members do not engage in group living activities such as shopping, cooking and eating. Any of these situations would create a presumption that the group is not a bona fide housekeeping unit. The Community Development Board (CDB) reviewed the proposed text amendment at its meeting of May 21, 2013 and unanimously recommended approval of the amendment. Councilmember Bill Jonson moved to approve amendments to the Community Development Code providing for a revised definition for family and a new definition for housekeeping unit, consistent with the terms of the conciliation/voluntary compliance agreement entered into by and between the United States Department of Housing and Urban Development and the City of Clearwater. The motion was duly seconded and carried unanimously. Ordinance 8398-13 was presented and read by title only. Councilmember Doreen Hock-DiPolito moved to approve Ordinance 8398-13 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Mayor George N. Cretekos, Vice Mayor Paul Gibson, Councilmember Doreen Hock-DiPolito, Councilmember Bill Jonson, and Councilmember Jay E. Polglaze. "Nays": None. 8. Quasi-judicial Public Hearings 8.1 Approve a Future Land Use Map Amendment from the Residential/Office Limited (R/OL) classification to the Institutional (I) classification and a Zoning Atlas Amendment from the Office (O) District to the Institutional (I) District for property located at 150 South McMullen Booth Road (consisting of a portion of the DraftAttachment number 1 \nPage 17 of 32 Item # 3 Council 2013-06-19 18 Northwest of Section 16, Township 29 South, Range 16 East); and pass Ordinances 8400-13 and 8401-13 on first reading. (LUP2013-02001 and REZ2013-02001) This future land use map amendment and rezoning application involves a 3.61- acre parcel located on the west side of South McMullen Booth Road, approximately 100 feet south of Cherry Lane. The request is to change the property’s Future Land Use Map designation of Residential/Office Limited (R/OL) to Institutional (I) and the zoning district from Office (O) to Institutional (I). The parcel contains two buildings that currently contain publishing, office and educational facilities uses. The main building, which was constructed in 1986 and approximately 18,184 square feet, is used by Rue Educational Publishing as a mix of offices, classrooms and publishing space. The second building, which was added in 2010, is an approximately 1,440 square foot modular building used by Rue Educational as classroom space. In December 2012, the parcel was purchased by Calvary Baptist Church, which is located on the southwest corner of Drew Street and McMullen Booth Road. The church has been purchasing parcels adjacent to and in the vicinity of the subject property over the last several years in order to accommodate growth of the church, associated school campus and athletic facilities. Abutting properties to the north and west are owned by Calvary Baptist; the recently completed baseball field to the west included landscape improvements to the east side of the subject property. The existing publishing, office and educational facilities uses will continue to operate until June 30, 2013. Calvary Baptist Church plans to use the property as a center for its youth ministries with minimal changes to the site and buildings, except for interior renovations that may include removing some current walls to allow for a worship area. A development application has not been submitted at this time; however, the applicant has engaged a local architecture firm and understands all necessary permits must be obtained. The Planning and Development Department has determined that the proposed future land use map amendment and zoning atlas amendment is consistent with the Community Development Code as specified below: The proposed amendments are consistent with the Comprehensive Plan, the Countywide Plan Rules, and the Community Development Code. The proposed amendments are compatible with the surrounding property and character of the neighborhood. Sufficient public facilities are available to serve the property. DraftAttachment number 1 \nPage 18 of 32 Item # 3 Council 2013-06-19 19 The proposed amendments will not have an adverse impact on the natural environment. The proposed amendments will not have an adverse impact on the use of property in the immediate area. The available uses in the Institutional (I) District are compatible with the surrounding area. In accordance with the Countywide Plan Rules, the land use plan amendment is subject to the approval of the Pinellas Planning Council and the Board of County Commissioners acting as the Countywide Planning Authority. The application is a small-scale amendment so review and approval by the Florida Department of Economic Opportunity (Division of Community Planning) is not required. The Community Development Board will review these applications at its public hearing on June 18, 2013 and its recommendation will be presented by staff at the City Council meeting on June 19, 2013. Councilmember Jay Polglaze moved to approve a Future Land Use Map Amendment from the Residential/Office Limited (R/OL) classification to the Institutional (I) classification and a Zoning Atlas Amendment from the Office (O) District to the Institutional (I) District for property located at 150 South McMullen Booth Road (consisting of a portion of the Northwest of Section 16, Township 29 South, Range 16 East). The motion was duly seconded and carried unanimously. Ordinance 8400-13 was presented and read by title only. Vice Mayor Paul Gibson moved to approve Ordinance 8400-13 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Mayor George N. Cretekos, Vice Mayor Paul Gibson, Councilmember Doreen Hock-DiPolito, Councilmember Bill Jonson, and Councilmember Jay E. Polglaze. "Nays": None. Ordinance 8401-13 was presented and read by title only. Councilmember Doreen Hock-DiPolito moved to approve Ordinance 8401-13 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Mayor George N. Cretekos, Vice Mayor Paul Gibson, Councilmember Doreen Hock-DiPolito, Councilmember Bill Jonson, and Jay E. Polglaze DraftAttachment number 1 \nPage 19 of 32 Item # 3 Council 2013-06-19 20 "Nays": None. 9. Second Readings - Public Hearing 9.1 Adopt Ordinance 8418-13 on second reading, calling for a special election to submit to the city electors a proposed amendment to the City Charter to allow the City to enter into a lease with the Clearwater Marine Aquarium for the current City Hall Property and stating the question to appear on the ballot. Two individuals spoke in opposition and one individual spoke in support. CMA representative Brian Aungst, Jr. said the organization has reached out to the neighbors; parking concerns will be addressed in the Memorandum of Understanding, which is being negotiated with city staff. The proposed project anticipates extending Drew Street to allow another exit. Ordinance 8418-13 was presented and read by title only. Councilmember Jay Polglaze moved to adopt Ordinance 8418-13 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Mayor George N. Cretekos, Vice Mayor Paul Gibson, Councilmember Doreen Hock-DiPolito, Councilmember Bill Jonson, and Councilmember Jay E. Polglaze. "Nays": None. 9.2 Adopt Ordinance 8431-13 on second reading, amending the powers and duties of the Municipal Code Enforcement Board to include the power to hear as a local hearing officer violations of the Clearwater Code of Ordinances and Florida Statutes, as applicable. Ordinance 8431-13 was presented and read by title only. Vice Mayor Paul Gibson moved to adopt Ordinance 8431-13 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Mayor George N. Cretekos, Vice Mayor Paul Gibson, Councilmember Doreen Hock-DiPolito, Councilmember Bill Jonson, and Councilmember Jay E. Polglaze. "Nays": None. DraftAttachment number 1 \nPage 20 of 32 Item # 3 Council 2013-06-19 21 The Council recessed from 8:01 p.m. to 8:10 p.m. 10. Consent Agenda – Approved as submitted. 10.1 Approve the Administrative Services Only Agreement between the City and Connecticut General Life Insurance Company for administration services to be provided by Cigna in connection with the City’s medical insurance for plan year 2013 and authorize the appropriate officials to execute same. (consent) 10.2 Approve a Memorandum of Understanding (MOU) amending the Prisoner Transport Interlocal Agreement between the City of Clearwater and the Pinellas County Sheriff’s Office for the period July 1, 2013 through September 30, 2014, and authorize the appropriate officials to execute same. (consent) 10.3 Award a Contract (Purchase Order) for $568,023.00 to Rush Truck Centers of Tampa, FL for two 2013 Model 320 Peterbilt with Scorpion Automated Side Loaders with CNG (Compressed Natural Gas), 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) 10.4 Award a Contract (Purchase Order) to Toter Incorporated of Statesville, NC, for an amount not to exceed $1,500,000, for the purchase and delivery of 26,000 new 64 gallon and 96 gallon recycling carts, during the period of June 20, 2013 through June 19, 2014, as provided in the Code of Ordinances, Section 2.564(1)(d) and authorize the appropriate officials to execute the same. (consent) 10.5 Award a Contract (Purchase Order) to Waste Management, Inc. in the amount of $189,414 for the purchase of thirty-four kiosks, consisting of one solar compactor and one recycling station, as provided in the Code of Ordinances, Section 2.561, and authorize the appropriate officials to execute same. (consent) 10.6 Approve a Blanket Purchase Order to SNF Polydyne Inc., of Riceboro, GA, in the amount of $449,322, for Polymer Services for a one-year period, and authorize the appropriate officials to execute same. (consent) 10.7 Approve Supplemental Work Order to Engineer-of-Record (EOR) King Engineering Associates, Inc., in the amount of $83,720, to provide additional Construction Engineering and Inspection (CEI) services for the rehabilitation of Lift Stations 33 and 42; and authorize the appropriate officials to execute same. (consent) DraftAttachment number 1 \nPage 21 of 32 Item # 3 Council 2013-06-19 22 10.8 Award a contract to Steve’s Excavating and Paving Inc. of Clearwater, Florida, for the South Gulfview Drainage Improvements Project (11-0019-EN) in the amount of $388,273.75, which is the lowest responsible bid received in accordance with the plans and specifications and authorize the appropriate officials to execute same. (consent) 10.9 Accept two drainage easements conveyed to the City by separate property owners over portions of property located at 2553 and 2559 Brentwood Drive for use by the City’s Stormwater Division. (consent) Councilmember Doreen Hock-DiPolito moved to approve the Consent Agenda as submitted and authorize the appropriate officials to execute same. The motion was duly seconded and carried unanimously. City Manager Reports 11. Other Items on City Manager Reports 11.1 Amend the City’s fiscal year 2012/13 Operating and Capital Improvement Budgets at mid-year and pass Ordinances 8432-13 and 8433-13 on first reading. The fiscal year 2012/13 Operating and Capital Improvement Budgets were adopted in September 2012 by Ordinances 8356-12 and 8357-12. Section 2.521 of the City’s Code of Ordinances requires the City Manager to prepare a quarterly report detailing income, expenditure estimates, collections, the explanation of significant variances, as well as the financial status of all capital improvement projects. Councilmember Bill Jonson moved to amend the City’s fiscal year 2012/13 Operating and Capital Improvement Budgets at mid-year. The motion was duly seconded and carried unanimously. Ordinance 8432-13 was presented and read by title only. Councilmember Doreen Hock-DiPolito moved to approve Ordinance 8432-13 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Mayor George N. Cretekos, Vice Mayor Paul Gibson, Councilmember Doreen Hock-DiPolito, Councilmember Bill Jonson, and Councilmember Jay E. Polglaze. "Nays": None. DraftAttachment number 1 \nPage 22 of 32 Item # 3 Council 2013-06-19 23 Ordinance 8433-13 was presented and read by title only. Councilmember Jay E. Polglaze moved to approve Ordinance 8433-13 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Mayor George N. Cretekos, Vice Mayor Paul Gibson, Councilmember Doreen Hock-DiPolito, Councilmember Bill Jonson, and Councilmember Jay E. Polglaze. "Nays": None. 11.2 Authorize the negotiated sale of not to exceed $7,445,000 Gas System Revenue Refunding Bonds, Series 2013; authorize staff to proceed with the refunding of the outstanding Gas System Revenue Refunding Bonds, Series 2004 and adopt Resolution 13-15. Currently outstanding is $7,270,000 par value of Gas System Revenue Refunding Bonds, Series 2004, with maturities in years 2014 through 2026 and interest rates ranging from 3.375% to 4.375% that are callable on September 1, 2013. Current market conditions present an opportunity to refinance these bonds to achieve a present value savings of approximately $950,000, or 13.2% of the refunded amount. The City's debt management policy states, “As a general rule, the present value savings of a particular refunding should exceed 5% (of the refunded amount).” In anticipation of the refunding, the City through its Financial Advisor, Stifel, Nicolaus and Company, Inc., issued a request for proposals (RFP) soliciting proposals from qualified investment companies to provide a bank loan source of funds instead of the more traditional bond transaction for this refunding, which has resulted in a lower cost (greater savings) opportunity. A traditional bond sales transaction would have yielded an estimated 7.5% savings, or approximately $545,000 versus the current estimate of $950,000. The refunding will result in gross annual debt service savings of approximately $85,000 in years 2014 through 2026.This resolution authorizes the negotiated sale of not to exceed $7,445,000 par value of Gas System Revenue Refunding Bonds, Series 2013, at an interest rate of 2.41%, to STI Institutional and Government, Inc (a SunTrust company), the firm submitting the most favorable response to the RFP. DraftAttachment number 1 \nPage 23 of 32 Item # 3 Council 2013-06-19 24 Annual principal payments on the 2013 refunding bonds are due September 1, 2014 through 2026, the same term as the refunded bonds. The bonds are callable, without prepayment penalty, five years after the date of issuance. Vice Mayor Paul Gibson moved to authorize the negotiated sale of not to exceed $7,445,000 Gas System Revenue Refunding Bonds, Series 2013; authorize staff to proceed with the refunding of the outstanding Gas System Revenue Refunding Bonds, Series 2004 . The motion was duly seconded and carried unanimously. Resolution 13-15 was presented and read by title only. Councilmember Bill Jonson moved to adopt Resolution 13-15. The motion was duly seconded and upon roll call, the vote was: "Ayes": Mayor George N. Cretekos, Vice Mayor Paul Gibson, Councilmember Doreen Hock-DiPolito, Councilmember Bill Jonson, and Councilmember Jay E. Polglaze. "Nays": None. 11.3 Authorize the negotiated sale of not to exceed $11,605,000 Stormwater System Revenue Refunding Bonds, Series 2013; authorize staff to proceed with the advance refunding of the outstanding Stormwater System Revenue Bonds, Series 2004 and adopt Resolution 13-16. Currently outstanding is $10,855,000 par value of Stormwater System Revenue Bonds, Series 2004, with maturities in years 2015 through 2032 and interest rates ranging from 3.625% to 4.75% that are callable on November 1, 2014. Current market conditions present an opportunity to advance refund these bonds to achieve a present value savings of approximately $980,000, or 9.0% of the refunded amount. The City's debt management policy states, “As a general rule, the present value savings of a particular refunding should exceed 5% (of the refunded amount).” In anticipation of the refunding, the City through its Financial Advisor, Stifel, Nicolaus and Company, Inc., issued a request for proposals (RFP) soliciting proposals from qualified investment companies to provide a bank loan source of funds, instead of the more traditional bond transaction for this refunding, which has resulted in a lower cost (greater savings) opportunity. A traditional bond sales transaction would have yielded an estimated 5.0% savings, or approximately $540,000 versus the current estimate of $980,000. DraftAttachment number 1 \nPage 24 of 32 Item # 3 Council 2013-06-19 25 The refunding will result in gross annual debt service savings of approximately $100,000 in years 2014 through 2032.This resolution authorizes the negotiated sale of not to exceed $11,605,000 par value of Stormwater System Revenue Refunding Bonds, Series 2013, at an interest rate of 2.98%, to STI Institutional and Government, Inc (a SunTrust company), the firm submitting the most favorable response to the RFP. Annual principal payments on the 2013 refunding bonds are due November 1, 2013 through 2032, the same term as the refunded bonds. The bonds are callable, without prepayment penalty, six years after the date of issuance. Councilmember Doreen Hock-DiPolito moved to authorize the negotiated sale of not to exceed $11,605,000 Stormwater System Revenue Refunding Bonds, Series 2013; authorize staff to proceed with the advance refunding of the outstanding Stormwater System Revenue Bonds, Series 2004. The motion was duly seconded and carried unanimously. Resolution 13-16 was presented and read by title only. Councilmember Jay E. Polglaze moved to adopt Resolution 13-16. The motion was duly seconded and upon roll call, the vote was: "Ayes": Mayor George N. Cretekos, Vice Mayor Paul Gibson, Councilmember Doreen Hock-DiPolito, Councilmember Bill Jonson, and Councilmember Jay E. Polglaze. "Nays": None. 11.4 Approve two Subordination of City Utility Interests agreements subordinating City easements in favor of the State of Florida Department of Transportation; adopt Resolution 13-17; and authorize appropriate officials to execute same. The State of Florida Department of Transportation (FDOT) is underway with a project to resurface a portion of Drew Street, a State Road. In support of the project, FDOT has acquired easements for the construction and maintenance of sidewalks. FDOT has requested that the City subordinate two existing City easements located within the new FDOT easements. One of the City easements is for the installation and maintenance of a traffic signal pole on the northwest corner of Drew Street and Martin Luther King, Jr. Avenue. The other City easement is for the installation and maintenance of a sidewalk on the southeast corner of Drew Street and Jefferson Avenue. DraftAttachment number 1 \nPage 25 of 32 Item # 3 Council 2013-06-19 26 The City easements will remain in effect, however the City’s rights under these easements will be subject to FDOT’s rights. The City Engineering Department has no objection to the request. Vice Mayor Paul Gibson moved to approve two Subordination of City Utility Interests agreements subordinating City easements in favor of the State of Florida Department of Transportation. The motion was duly seconded and carried unanimously. Resolution 13-17 was presented and read by title only. Councilmember Bill Jonson moved to adopt Resolution 13-17. The motion was duly seconded and upon roll call, the vote was: "Ayes": Mayor George N. Cretekos, Vice Mayor Paul Gibson, Councilmember Doreen Hock-DiPolito, Councilmember Bill Jonson, and Councilmember Jay E. Polglaze. "Nays": None. 11.5 Approve the Post-Disaster Redevelopment Plan (PDRP) and adopt Resolution 13-08. As a coastal community, the City of Clearwater remains vulnerable to a number of regularly occurring natural disasters. To decrease vulnerability and increase resiliency the City is adding another tool to its mitigation and recovery toolbox, the Post-Disaster Redevelopment Plan (PDRP). The PDRP is a document that guides City decision making affecting long-term recovery and redevelopment following a disaster. This Plan does not address immediate disaster response and emergency operations, which are already outlined by the City’s Comprehensive Emergency Management Plan (CEMP). During the disaster response and emergency operations phases, the City will work as a partner with Pinellas County, which will serve as the lead local entity in coordinating with the Federal Emergency Management Agency (FEMA). This Plan is intended to address Clearwater’s unique context while avoiding duplication with Pinellas County’s PDRP. Some issues, and subsequent actions that address those issues, are better addressed on a countywide scale. For these actions, the City will work as a partner with the County. This Plan was created through a coordinated effort among city staff, with communication with Pinellas County staff. It does not set forth new city policies but contains next steps that direct City staff to implement previously adopted city policies and to conduct research that may lead to future policy changes. Any DraftAttachment number 1 \nPage 26 of 32 Item # 3 Council 2013-06-19 27 proposed actions that might result in or require changes in city policy must first engage Clearwater community members in the decision-making process and then request approval from the appropriate legislative authority, the City Council. The PDRP is organized into seven chapters: Chapter 1 Introduction (Plan pages 1-2): This Chapter sets the stage for the rest of the Plan by outlining the purpose and objective of the Plan, the authority for developing the Plan, describing the planning process and how to use the plan, and lastly by noting plan assumptions and applicability. Chapter 2 Local Plans Integration and Capacity Assessment (pages 3-18): This chapter examines existing local documents that guide the four overlapping phases of the disaster cycle: pre-disaster planning, emergency response, short- term recovery and long-term recovery and redevelopment. A total of 17 documents are examined, including the City’s Comprehensive Plan and the countywide Local Mitigation Strategy. For each document a description of its contents, listing of applicable disaster phases, listing of provisions that apply to disaster planning and its relationship to the PDRP are outlined. An institutional capacity, or gap analysis, is then conducted outlining the City’s capacity for carrying out long-term recovery and redevelopment in three topic areas: planning and regulatory capacity, administrative and technical capacity, and fiscal capacity. The chapter concludes by outlining recommendations for improving capacity. Chapter 3 Vulnerability Analysis (pages 19-26): This chapter details vulnerability analyses that were previously conducted in the City’s Floodplain Management Plan, the City’s Comprehensive Emergency Management Plan (CEMP), and the countywide Local Mitigation Strategy (LMS). For each document’s vulnerability analysis a summary, key findings and conclusions are outlined in the chapter. The chapter concludes by outlining vulnerability analyses that should be completed by City staff to expand understanding of Clearwater’s vulnerability so future updates to the PDRP can more fully address current gaps in analysis. If a priority, the analyses can be included in the Long Range Planning Division’s work program. Chapter 4 Issues (pages 27-52): This chapter discusses a myriad of issues outlined by Post-Disaster Redevelopment Planning: A Guide for Florida Communities, which is a document jointly produced at the State level by the Florida Department of Community Affairs (now the Department of Economic Opportunity) and the Florida Division of Emergency Management. The Guide is divided according to six topic areas: Housing, Infrastructure and Public Facilities, Environment, Economic Redevelopment, Land Use and Health and Social DraftAttachment number 1 \nPage 27 of 32 Item # 3 Council 2013-06-19 28 Services. Each issue in the Guide is assigned a category: Minimum (suggested to be undertaken first), Recommended (suggested to be undertaken if resources are available) and Advanced (suggested once a community has a solid foundation for hazard mitigation and disaster recovery—these are best practices). The chapter includes a brief description of each issue, how the issue is currently being addressed in Clearwater, and steps forward to ensure the issue is adequately addressed. These are all summarized in a table at the end of the chapter. Chapter 5 Plan Goals (pages 53-54): This chapter contains five goals and five strategies. Plan Goals: 1. Housing and Structural Repairs: Facilitate permissible reconstruction in a timely manner while decreasing the vulnerability of structures to future disasters. 2. Infrastructure and Public Facility Recovery: Restore utilities and repair infrastructure efficiently, while considering mitigation in long-term redevelopment of infrastructure to ensure that public investments minimize future damage. 3. Environmental Restoration: Protect and enhance natural resources to mitigate future disasters. 4. Economic Resumption: Assist businesses in adequately preparing for a disaster and enhance their ability to recover from a disaster. 5. Land Use and Development: Facilitate redevelopment in a timely manner, while seizing opportunities for mitigation. Plan Strategies: 1. Streamline Permitting 2. Get Back to Business 3. Decrease Vulnerability 4. Continue Implementation of City of Clearwater Guiding Documents 5. Continue Intergovernmental Coordination The chapter also describes the Action Plan, which is contained in Appendix C. The Action Plan implements the goals and strategies outlined above. Some actions need to take place during the pre-disaster phase, while others apply only after a disaster strikes. The Action Plan is not an exhaustive list, but a working document that can be updated as needed. Completed actions that do not need to be implemented after every disaster can be taken off the list and included in an appendix in future updates as a record of accomplishments. Not all five goals need all five strategies outlined in the chapter to be fully achieved. While some goals need all the strategies, others may only need three of the five to accomplish the overall goal. Chapter 6 Communication Plan (pages 55-62): This chapter examines the City’s current ability to communicate both externally and internally. It then goes DraftAttachment number 1 \nPage 28 of 32 Item # 3 Council 2013-06-19 29 on to outline how the public can be included in implementing the PDRP, both before and after a disaster. Chapter 7 Plan Implementation and Maintenance (pages 63-66): This chapter details how the Action Plan will be implemented and how the entire PDRP will be maintained. The PDRP also includes four appendices as described below. • Appendix A – Coastal Resilience Index (Plan pages 67-68): Contains the Coastal Resilience Index Report for the City of Clearwater that City staff participated in on January 28, 2013. • Appendix B – Resources for Future Vulnerability Analyses (Plan pages 69-74): This appendix serves as an aid for City staff in the development of future vulnerability analyses. It is a detailed expansion of the brief listing that appears in Table 2 (Chapter 3) of the Plan. • Appendix C – Action Plan (Plan pages 75-84): To achieve the five goals and strategies outlined in Chapter 5, the Action Plan outlines the implementation timeline, existing plans and policies, the lead entity, required collaboration and resources needed to accomplish each action. The actions are based on the Steps Forward sections of Chapter 4. Some actions should be achieved during the pre-disaster phase as mitigation measures that increase resiliency; as these actions are accomplished, they can be moved from the Action Plan to a record of accomplished actions in updates to the PDRP. Other actions should be implemented each time the City of Clearwater declares a state of emergency, as determined necessary by the Post-Disaster Redevelopment Steering Committee, a group consisting of City senior management staff. The applicability of an action varies by the severity of the disaster. • Appendix D – Accomplished Pre-Disaster Actions (Plan page 85): This appendix is to serve as a record of PDRP pre-disaster actions from Appendix C that have been accomplished, as the Plan is implemented and updated. In response to concerns, the City Manager said staff will identify sensitive areas to Council; the plan speaks to redevelopment in the event of a disaster and there may be areas where the public will have different expectations from the City. Resolution 13-08 was presented and read by title only. Councilmember Doreen Hock- DiPolito moved to adopt Resolution 13-08. The motion was duly seconded and upon roll call, the vote was; DraftAttachment number 1 \nPage 29 of 32 Item # 3 Council 2013-06-19 30 "Ayes": Mayor George N. Cretekos, Vice Mayor Paul Gibson, Councilmember Doreen Hock-DiPolito, Councilmember Bill Jonson, and Councilmember Jay E. Polglaze. "Nays": None. 11.6 Approve Clearwater Marine Aquarium's (CMA) request to subordinate the City’s reverter interest in a portion of the CMA property to a $10 million term loan and modify the existing reverter provision to reflect same, and authorize appropriate officials to execute same. The Clearwater Marine Aquarium (CMA) submitted a letter to the city manager requesting Council approval of a subordination agreement in favor of BB&T as mortgage lender to CMA. The letter and exhibits are attached. In 2010, CMA requested modification to the city reverter on a portion of the CMA property on Island Estates. The city agreed to subordinate its reverter interest to up to $8.6 million dollar loan. The current outstanding balance on that loan is $4,606,455 with an amount remaining to be drawn of $232,724. In return for the City’s subordination, BB&T will provide the City with the right of first refusal to acquire its first mortgage position and/or title, if applicable, to Parcels 1, 2 and 3, should the City elect to exercise its reverter rights by paying off the existing indebtedness in the event of the Aquarium’s default or demise. The subordination agreement included provisions preventing additional loans secured by these parcels and included prohibitions on the replenishment of the debt as the outstanding balance was paid down, absent City approval. That provision is not included in the current proposed agreement. The City will have no obligation to purchase the mortgage, nor is the City guaranteeing any debt. Should the Aquarium fail and/or default on the outstanding indebtedness, and BB&T pursues its mortgage rights, the City would have the option to either obtain control of the entire CMA campus (all Parcels) in return for payment of the then existing debt balance, or waive this option, with BB&T then able to proceed with foreclosure on the Parcels. Councilmember Jay Polglaze moved to approve Clearwater Marine Aquarium's (CMA) request to subordinate the City’s reverter interest in a portion of the CMA property to a $10 million term loan and modify the existing reverter provision to reflect same, and authorize appropriate officials to execute same. The motion was duly seconded and carried unanimously. DraftAttachment number 1 \nPage 30 of 32 Item # 3 Council 2013-06-19 31 Miscellaneous Reports and Items 12. City Manager Verbal Reports 12.1 Staff met individually with council members regarding events to commemorate the City's centennial in 2015.Staff is now requesting the council indicate which events they would like to pursue. Provide direction to City Manager and Staff regarding specific events for the City's Centennial Celebration in 2015. Legal Office Administrator Gina DeWitt provided a PowerPoint presentation. Discussion ensued with suggestions made that events should be held monthly throughout the year in conjunction with an existing event; main event should include former Councilmembers, City Managers, and City Attorneys. It was suggested that a holiday parade at Crest Lake Park be considered. There was consensus to partner Centennial activities with existing events, pursue a commemorative book that will be sold at cost, and coordinate an art contest with local schools for a centennial logo. Staff was directed to provide Council with regular updates as the planning process progresses. The City Manager said staff will provide Council a detailed list in the coming months. Clearwater Police Chief Anthony Holloway said staff has met with groups supporting and opposing the community gatherings. The Department will enforce the laws regarding strippers, loud music, and drugs and drinking and enforce parking. Both groups agreed to tow vehicles blocking the roadway. Chunky Sunday Gatherings The City Manager said anytime there is an activity that exceeds the park facility capacity, activity organizers are advised to pursue the special events permit process. DraftAttachment number 1 \nPage 31 of 32 Item # 3 Council 2013-06-19 32 13. Closing Comments by Mayor Mayor George N. Cretekos reviewed recent and upcoming events. 14. Adjourn The meeting adjourned at 9:24 p.m. Mayor City of Clearwater Attest City Clerk DraftAttachment number 1 \nPage 32 of 32 Item # 3 City Council Agenda Council Chambers - City Hall Meeting Date:7/18/2013 SUBJECT / RECOMMENDATION: Approve the City of Clearwater’s Fiscal Year 2013-2014 Consolidated Annual Action Plan, to carry forward the goals and objectives set forth in the Fiscal Years 2011-2016 Five-Year Consolidated Plan, as required by HUD, and authorize the City to enter into agreements with organizations contained in the Fiscal Year 2013-2014 Consolidated Annual Action Plan. SUMMARY: The U.S. Department of Housing and Urban Development (HUD) requires communities that receive entitlement Community Development Block Grant Program (CDBG) and HOME Investment Partnership Program (HOME) funding to prepare a comprehensive five-year consolidated planning document that evaluates the needs of the community and sets forth strategies to address those needs. The Fiscal Years 2011-2016 Consolidated Annual Action Plan is mainly a continuation of our prior Consolidated Plan and was completed in 2011. The Plan includes an executive summary, community profile, strategic plan, annual action plan, citizen participation plan and an analysis of fair housing and certifications. The community profile and the strategic plan are the two major components of the document. The community profile identifies the demographics and the strategic plan identifies the needs and how they are going to be addressed. In addition, the City is required to create and implement an annual action plan identifying the sources and uses of federal money for housing, community and economic development. This annual plan, referred to as a Consolidated Annual Action Plan, provides HUD with the City’s housing, community and economic development budget and proposed expenditures based on the entitlement funds and estimated program income that the City will receive in the upcoming fiscal year to meet the goals established in the Five-Year Plan. In Fiscal Year 2013-2014, the City is estimated to receive federal funds in the amount of $756,486 through the Community Development Block Grant (CDBG) and $290,091 through the HOME Investment Partnership Program (HOME). The total Fiscal Year 2013-2014 entitlement allocation budget is $1,046,577. Funds provided through the HOME Program are limited to housing- related activities and administration. Funds provided through the CDBG Program may be used for housing, community and economic development, public services and facilities, acquisition, relocation, demolition and administration. Additional funding for the Fiscal Year 2013-2014 budget will come from estimated program income funds and unprogrammed prior year CDBG, HOME, SHIP and Pinellas County Housing Trust funds (loan repayments, loan payoffs, recaptured funds, etc) estimated at $584,539. Other funds may include those from the Neighborhood Stabilization Program 3 (NSP3) and leverage from private sector investments. Total budget for Fiscal Year 2013-2014 is $1,631,116. The City partners with several non-profit agencies to implement the goals and objectives the City had established in the Consolidated Planning Document. To obtain these partners, the City annually publishes a Notice of Funding Availability (NOFA) in the local newspaper and on its website. This notice informs the non-profits of the resources the City will make available and the eligible uses of these resources. It also informs them of the application period for requesting funds. This year the applications were due in April and the City received a total of 19 applications for funding requests. A Technical Review Committee (TRC), comprised of professionals in the social service and grants community and two members of the City’s Neighborhood and Affordable Housing Advisory Board (NAHAB), reviewed the applications, scored them and set forth a strategy to maximize the number of applicants that will receive a portion of allocated funds. Applicants were given an opportunity to present at the monthly NAHAB meeting regarding their programs. City staff also reviewed each application to ensure it met HUD’s baseline requirements. The NAHAB met on May 20, 2013 to approve the recommended allocations contained in the Fiscal Year 2013-2014 Consolidated Annual Action Plan. Each year, the City may allocate up to 15% of its CDBG allocation for Public Services organizations. The City may also provide funds for operating expenses to subrecipients who qualify as a Community Based Development Organization while the City’s Housing Division received requests for Public Services funding in the amount of $293,620, we were only able to allocate $128,620 to eleven (11) organizations. The NAHAB has endorsed a sliding scale funding system for Public Services applicants that allows the top two scorers to receive 60% of their request, the second two receive 50% of their request, and others receive 40% of their request until all of the allowable funds are allocated. The maximum allocation per agency’s request is $30,000. This method allows Cover Memo Item # 4 a majority of the Public Services applicants to receive funding. All organizations that will be receiving an allocation will have agreements prepared and executed by October 1, 2013. Staff monitors these organizations for compliance on a yearly basis. The City will target funding efforts for Housing Activities in the Rehabilitation and Down Payment and Closing Cost Assistance Programs. The Consolidated Annual Action Plan is due to HUD on August 15, 2013. Review Approval: Cover Memo Item # 4 Table of Contents 2013-2014 Action Plan Appendix 1. Maps 2. Neighborhood Revitalization Strategy 3. Public Comments 4. SF-424 5. Certifications 6. CPMP Projects 7. Schedule 8. Notice of Funding Availability 9. Notice of Public Review & Comment; Meetings & Council Action 10. Recommended Allocations 11. Environmental Review Clearance Attachment number 1 \nPage 1 of 37 Item # 4 Attachment number 1 \nPage 2 of 37 Item # 4 City of Clearwater, Florida 2013-2014 Action Plan FY 2013-2014 Action Plan Attachment number 1 \nPage 3 of 37 Item # 4 City of Clearwater, Florida 2013-2014 Action Plan Attachment number 1 \nPage 4 of 37 Item # 4 City of Clearwater, Florida 2013-2014 Action Plan Attachment number 1 \nPage 5 of 37 Item # 4 City of Clearwater, Florida 2013-2014 Action Plan 2013-2014 Action Plan 1. Action Plan The CPMP Third Annual Action Plan includes the SF 424 and Narrative Responses to Action Plan questions that CDBG, HOME, HOPWA, and ESG grantees must respond to each year to comply with the Consolidated Planning Regulations. The Executive Summary narratives are optional. Executive Summary FY 2013-2014 Program Year The City receives federal funds from the Department of Housing and Urban Development (HUD) from two federal programs as an entitlement community. These entitlement funds include the Community Development Block Grant Program (CDBG) and the HOME Investment Partnership (HOME) affordable housing program. The City will also utilize prior years funding and program income from the Neighborhood Stabilization Program 3 to further housing activities in the program year. The City does not receive an Emergency Shelter Block Grant. The City also utilizes program income from its State of Florida’s State Housing Initiatives Partnership (SHIP) and Pinellas County’s Housing Trust Fund Programs in support of these programs which are all targeted at assisting the City’s low to moderate-income residents. Affordable housing funds will be administered on a city-wide basis targeted at helping low to moderate-income families become homeowners, maintain their properties and for housing education and counseling, primarily for those families assisted with funding through the City. The City will provide assistance to the homeless and those with special needs through the construction of additional facilities and the provision of services. The City’s community development improvements will be focused on its Neighborhood Revitalization Strategy Areas. The overall goal of the community planning and development programs covered by the Action Plan is to develop viable urban communities by providing decent housing and a suitable living environment and to expand economic opportunities principally for very low to moderate- income persons/households. The primary means towards this end is to extend and strengthen partnerships among all levels of government and the private sector, including for-profit and non- profit organizations, in the production and operation of affordable housing. 1. Decent housing includes assisting homeless persons to obtain appropriate housing and assisting persons at risk of becoming homeless; retention of the affordable housing stock; and increasing the availability of permanent housing in good condition and affordable to very low-income and moderate- income families, particularly to members of disadvantaged minorities, without discrimination on the basis of race, color, religion, sex, national origin, marital status, familial status, or disability. Attachment number 1 \nPage 6 of 37 Item # 4 City of Clearwater, Florida 2013-2014 Action Plan 2. Decent housing also includes increasing the supply of supportive housing, which combines structural features and services needed to enable persons with special needs, including persons with physical and mental disabilities, and persons with HIV/AIDS and their families, to live with dignity and independence; and providing affordable housing to low-income persons accessible to job opportunities. 3. A suitable living environment includes improving the safety and livability of neighborhoods; increasing access to quality public and private facilities and services; reducing the isolation of income groups within a community or geographical area through the spatial de-concentration of housing opportunities for persons of lower income and the revitalization of deteriorating or deteriorated neighborhoods; restoring and preserving properties of special historic, architectural, or aesthetic value; and conservation of energy resources. 4. The expanded economic opportunities includes job creation and retention; establishment, stabilization and expansion of small businesses (including micro-businesses); the provision of public services concerned with employment; the provision of jobs for low-income persons living in areas affected by those programs and activities under programs covered by the plan; availability of mortgage financing for low-income persons at reasonable rates using non-discriminatory lending practices; access to capital and credit for development activities that promote the long-term economic and social viability of the community; and empowerment and self- sufficiency for low-income persons to reduce generational poverty in federal-assisted housing and public housing. The City continues to provide funding for a variety of Public Service and Public Facility type activities which include: self-sufficiency, elderly home cleaning, emergency shelter operations, fair housing, elderly services, and homeless services. The following Public Service activities are proposed for fiscal year 2013-2014: 1. Personal Enrichment Through Mental Health Services 2. WestCare Gulf Coast of Florida, Inc. 3. Uno Federation Community Services 4. Pinellas Opportunity Council – Chore Services 5. Safety Harbor Neighborhood Family Center, Inc. 6. Gulf Coast Legal Services, Inc. – Fair Housing 7. Community Services Foundation, Inc. – Fair Housing 8. Martin Luther King, Jr. Neighborhood Family Center 9. Intercultural Advocacy Institute 10. Homeless Emergency Project 11. Religious Community Services, Inc. For Public Facility projects during the next fiscal year, we propose to provide funding to the following organizations: 1. Religious Community Services, Inc. – The Haven 2. Kimberly Home – Daycare/Learning Center Renovations Managing the Process The City of Clearwater – Economic Development and Housing Department – Housing Division is the lead agency for administering the City’s Consolidated Action Plan and Consolidated Planning Document. Attachment number 1 \nPage 7 of 37 Item # 4 City of Clearwater, Florida 2013-2014 Action Plan The City partners with several not-for-profit agencies to implement the goals and objectives the City has established in the Consolidated Planning Document. To obtain these partners, the City published a Notice of Funding Availability (NOFA) in the local newspaper and on its website in February. This notice informs the non-profits of the resources the City will make available and the eligible uses of these resources. It also informs them of the application period for requesting funds. The City’s Technical Review Committee (TRC) reviewed and ranked the applications. From results of the ranking committee, the City prepared a summary of proposed projects and placed it in the local paper for public comments. Additionally, the City held a public meeting to obtain any further comments on the proposed FY13-14 Recommended Allocations with the City’s Neighborhood & Affordable Housing Advisory Board on May 20, 2013. The Draft Consolidated Action Plan Summary was made available in the local newspaper and the City’s website for citizens to review. The Plan was brought before the City’s Neighborhood & Afford- able Housing Advisory Board on June 11, 2013 and the City Council for final approval on July 18, 2013. Consultation for the City’s Housing and Community Development programs is an ongoing process for departmental staff. Staff stays attuned to housing and community development issues and needs through the following means: 1. Membership in local and state organizations 2. Participation by City staff on boards, committees and agencies 3. Discussions at committees supported by the City 4. Technical assistance to agencies and other entities 5. Working with local lenders on Community Reinvestment Act commitments and requirements 6. Participation in public forums 7. Holding public hearings 8. Preparation of documents, flyers and brochures regarding specific programs 9. Special studies Citizen Participation The City of Clearwater has adopted a Citizen Participation Plan (and Anti-Displacement Plan) that meets all HUD regulations as part of the approval process for the Five-Year Consolidated Plan. The Cities of Clearwater and Largo and Pinellas County held a public meeting to obtain citizens’ views on housing and community development needs as it relates to the preparation of the Cities’ and County’s Five-Year (FY2011-2016) Consoli- dated Planning Document. The programs covered under the Consolidated Plan are the Community Development Block Grant (CDBG), HOME Invest- ment Partnership Programs (HOME), and NSP 3. Two public hearings were held, one on May 5, 2011 and one on May 6, 2011, to receive public comments from the North Greenwood and Lake Belleview Neighborhood Revitalization Strategy Areas. The City advertised the NOFA on March 1, 2013 in the St. Petersburg Times and also posted the Notice on the City’s website. The application period opened on March 1, 2013 and closed on April 5, 2013. The City’s Neighborhood and Affordable Housing Advisory Board (NAHAB) met on May 20, 2013 to discuss and approve the Technical Review Committee Recommended Allocations. Attachment number 1 \nPage 8 of 37 Item # 4 City of Clearwater, Florida 2013-2014 Action Plan The City held a public meeting for the proposed FY13-14 Consolidated Action Plan at the City’s NAHAB on June 11, 2013. The Draft Consolidated Plan was made available for a 30- day public review and comment period. Instructions for persons with disabilities who required accommodation(s) for participation in all public hearings was contained in all notices. The final FY13-14 Consolidated Action Plan will be approved by the City Council on July 18, 2013. The City maintains ongoing contact with all its Housing, Homeless and Community Development partners through notices of NAHAB meetings and other areas of interest. To broaden the public participation process, the City frequently advertises meetings and events on the City’s website. The website also provides a comprehensive listing of the City’s Economic, Housing and Community Development programs. Public Outreach Forums were held throughout the County to discuss goals, objectives, and priorities. The presentation provided detailed information on the Five-Year Consolidated Plan and the process used to distribute funds in the past and how these funds can be utilized in the future. Groups included in this outreach are realtors, contractors, non-profit agencies, government officials, faith-based organizations and planning agencies. Solicitation of input from existing partnerships and organizations in the community, in addition to the public hearing process and public notices in the newspaper, was sought to encourage participation in identifying housing needs and needs of the homeless and special populations, and in development of the Consolidated Plan. Citizens Comments Public comments are inserted in the Appendix of this report. Resources The City will utilize its funds to implement the specific objectives established within the City’s adopted FY2011-2016 Consolidated Plan as shown in Figure 46. In addition to the entitlement allocations listed above, the City maintains three Revolving Loan Funds which are set up to carry out specific activities. The three individual revolving loan funds are the Housing Rehabilitation Revolving Loan Fund (City Fund #686), the Economic Development Revolving Loan Fund (City Fund #687) and the Infill Housing Revolving Loan Fund (City Fund #689). The Housing Rehabilitation Revolving Loan Fund includes payments made by homeowners who participated in the Rehabilitation Program and had their home repaired. The Economic Development Revolving Loan Fund includes payments made by for-profit business owners who participated in the Economic Development Program and obtained funds to start up or maintain their business. The Infill Housing Revolving Loan Fund includes payments made by subrecipients who borrowed funds to purchase vacant lots to build homes. Funds were repaid when the subrecipient sold the home to an eligible homebuyer. Figure 46 Clearwater FY 2013-14 CDBG/HOME Allocations Entitlement Grant Funds Funding CDBG $756,486 HOME $290,091 Total Federal Funding Sources $1,046,577 Source: HUD 2013 Entitlement Allocations Attachment number 1 \nPage 9 of 37 Item # 4 City of Clearwater, Florida 2013-2014 Action Plan In FY 2013-2014, the City anticipates that the revolving fund balance will be a total of $796,336. These funds include $296,075 from the Infill Housing Revolving Loan Fund, $224,269 from the Economic Development Revolving Loan Fund, and $275,992 from the Housing Rehabilitation Revolving Loan Fund. Please note that the amounts listed above are only projected amounts. These amounts may increase or decrease subject to program activity. These funds are restricted to the activities listed above and are not part of budgeted consolidated plan activities. In addition to the federal funds listed above, the City anticipates that other federal resources will be made available to address the needs identified in the plan. Those funds should include Section 8 funds made available to the local housing authority, Low-Income Housing Tax Credits through developers, and competitive McKinney-Vento Homeless Assistance Act funds through local non-profit agencies. In addition to the federal resources, the City will use other state and local resources to address housing needs. The City will use program income generated through the SHIP and PCHTF programs to provide funding for property acquisition and development, rehabilitation, down payment assistance, relocation, demolition, housing counseling, and other related housing activities. The city anticipates that $15,000 will be available through the SHIP Program and $15,539 through the PCHTF for the next fiscal year. ANNUAL OBJECTIVES The Consolidated Plan is a collaborative process whereby a community establishes a unified vision for community development actions. It offers local jurisdictions the opportunity to shape the various housing and community development programs into effective, coordinated neighborhood and community development strategies. It also creates the opportunity for strategic planning and citizen participation to take place in a comprehensive context, and to reduce duplication of effort at the local level. The Consolidated Plan approach is also the means to meet the submission requirements for the Community Development Block Grant (CDBG), HOME Investment Partnerships (HOME), Emergency Shelter Grant (ESG), and Housing Opportunities for Persons with AIDS (HOPWA) formula programs. This process replaces prior CPD planning and submission requirements with a single document that satisfies the submission requirements of the four CPD formula programs for local jurisdictions. Figure 47 shows the goals and objectives to be carried out during the Action Plan period. The statutes for the formula grant programs set forth three basic goals against which the plan and the jurisdiction’s performance under the plan will be evaluated by HUD. Each jurisdiction’s plan must state how it will pursue these goals for all community development programs, as well as all housing programs. These statutory program goals are: Decent Housing: • Assist homeless persons obtain affordable housing • Assist persons at risk of becoming homeless • Retain affordable housing stock • Increase the availability of affordable permanent housing in standard condition to low and moderate-income families, particularly to members of disadvantaged minorities without discrimination on the basis of race, color, religion, sex, national origin, familial status, or disability Attachment number 1 \nPage 10 of 37 Item # 4 City of Clearwater, Florida 2013-2014 Action Plan *If not using the CPMP Tool: Complete and submit Table 3A. *If using the CPMP Tool: Complete and submit the Summary of Specific Annual Objectives Worksheets or Summaries.xls Figure 47 Action Plan Goals and Objectives Goals and objectives to be carried out during the action plan period are indicated by placing an (X) in the following boxes. Objective Category: Objective Category: Objective Category: x Decent Housing x Suitable Living Environment Expanded Economic Opportunities x assisting homeless persons obtain affordable housing x improving the safety and livability of neighborhoods x job creation and retention x assisting persons at risk of be- coming homeless x eliminating blighting influences and the deterioration of property and facilities establishment, stabilization and expansion of small business (including micro- businesses) x retaining the affordable housing stock x increasing the access to quality public and private facilities the provision of public services concerned with employment x increasing the availability of affordable permanent housing in standard condition to low-income and moderate-income families, particularly to members of disadvantaged minorities without discrimination on the basis of race, color, religion, sex, national origin, familial status, or disability x reducing the isolation of income groups within areas through spatial deconcentration of housing opportunities for lower income persons and the revitalization of deteriorating neighborhoods x the provision of jobs to low-income per- sons living in areas affected by those programs and activities under programs covered by the plan increasing the supply of supportive housing which includes structural features and services to enable persons with special needs (including persons with HIV/AIDS) to live in dignity and independence restoring and preserving properties of special historic, architectural, or aesthetic value x availability of mortgage financing for low-income persons at reasonable rates using non-discriminatory lending practices providing affordable housing that is accessible to job opportunities x conserving energy resources and use of renewable energy sources x access to capital and credit for development activities that promote the long-term economic social viability of the community Source: City of Clearwater, Economic Development and Housing, June 2011 • Increase the supply of supportive housing which includes structural features and services to enable persons with special needs (including persons with HIV/AIDS) to live in dignity and independence • Provide affordable housing that is accessible to job opportunities. A Suitable Living Environment: • Improve the safety and livability of neighborhoods • Eliminate blighting influences and the deterioration of property and facilities • Increase access to quality public and private facilities and services • Reduce the isolation of income groups within areas through spatial deconcentration of housing opportunities for lower income persons and the revitalization of deteriorating neighborhoods • Restore and preserve properties of special historic, architectural, or aesthetic value; • Conserve energy resources and use of renewable energy sources. Expanded Economic Opportunities: • Job creation and retention • Establishment, stabilization and expansion of small businesses (including micro-businesses) • The provision of public services concerned with employment • The provision of jobs to low-income persons living in areas affected by those programs and activities, or jobs resulting from carrying out Attachment number 1 \nPage 11 of 37 Item # 4 City of Clearwater, Florida 2013-2014 Action Plan activities under programs covered by the plan • Availability of mortgage financing for low- income persons at reasonable rates using non-discriminatory lending practices • Access to capital and credit for development activities that promote the long-term economic and social viability of the community • Empowerment and self-sufficiency for low- income persons to reduce generational poverty in federally assisted housing and public housing. Summary of Specific Annual Objectives SL 3.1 - Provide funding in the amount of $10,000 to Community Service Foundation, Inc., for salary support to operate a fair housing counseling and housing placement program. The program pro- vides housing services to help lower income families and individuals locate and secure permanent, decent and affordable housing. The program also strives to counsel households on Fair Housing Landlord/Tenant Rights, and to provide emergency food and shelter program rent and mortgage payment assistance. The agency’s goal is to serve 120 households. SL 3.1 - Provide funding in the amount of $18,000 to Gulf Coast Legal Services, Inc., for salary support to implement the agency’s Legal Aid to Preservation Housing Project. The project seeks to provide legal assistance for low and moderate- income residents of Clearwater who are victims of predatory lending practices, foreclosure rescue scams, persons who are experiencing or who have experienced discrimination and/or fraud in housing and to remedy these matters through negotiation, mediation or litigation and to assist residents in filing complaints regarding violations of Fair Housing Laws. The agency anticipates that they will serve 100 people. SL 2.1 – Provide funding in the amount of $15,000 to Martin Luther King, Jr. Neighborhood Family Center for salary support to implement the Project P.A.S.S. program that provide services to families who reside in the North Greenwood Community. The program provides children’s programs, family support, educational attainment, and improved economic status for low to moderate-income families. The agency’s overall goal is to assist 450 individuals. SL 2.1 – Provide funding in the amount of $2,800 to Personal Enrichment through Mental Health Services, Inc. for salary support to implement a Family Emergency Treatment Program. The program provides emergency mental health crisis intervention and treatment services to mentally ill citizens including mentally frail elderly citizens of the City. The services are provided immediately without having to wait days or weeks before a formal appointment could be made. The agency’s goal is to assist 150 individuals. SL 2.1 – Provide funding in the amount of $12,000 to the Intercultural Advocacy Institute for salary support to implement a Youth Leaders Partnership Program. The program provides leadership and mentoring opportunities to youth in the 6th and 7th grades. The program focus is to provide the tools and resources necessary to help youth develop leadership skills plus a strong sense of identity and in turn, grow leaders from within the community to serve as role models for their peers and younger student population. The agency’s goal is to assist 15 households. SL 2.1 – Provide funding in the amount of $114,000 to The Kimberly Home, Inc. to renovate a public facility for a daycare and/or a learning center. The renovations will transform a blighted building to a neighborhood asset that will provide daycare services to pregnant women. The center will be used to provide assessments, crisis intervention Attachment number 1 \nPage 12 of 37 Item # 4 City of Clearwater, Florida 2013-2014 Action Plan services, counseling, pre and post-natal education, case management, mentoring and other related services. The agency’s goal is to assist 200 individuals. DH 1.1 - Provide funding in the amount of $12,000 to Pinellas Opportunity Council, Inc., for salary support to implement the agency’s Chore Services Program . The program promotes better livable opportunities by providing services to the elderly and frail elderly. The services will help to alleviate blight and blighting conditions, reduce crime, and create a sense of pride in their community by providing heavy household cleaning, yard work and minor repairs. The agency’s goal is to assist 45 elderly households. DH 1.1, EO 1.1 - Provide funding in the amount of $300,000 to Religious Community Services, Inc., for renovations and development at The Haven of RCS. The Haven of RCS is a facility that offers housing and related support services for victims of domestic abuse. Funding to the Haven will be used to renovate the building. The Haven’s goal is to serve 10,000 domestic violence victims (women and children). SL 2.1 - Provide funding in the amount of $11,978 to the Safety Harbor Neighborhood Family Center for salary support to operate the Neighborhood Family Center. The Bridge the Gap project is a combination of services to help individuals and families survive, stay in their homes and stay together by providing food, clothing, hygiene products, baby needs, job training, and financial assistance. The agency’s goal is to assist 450 families. DH 1.1 - Provide funding in the amount of $12,000 to WestCare GulfCoast Florida, Inc., for salary support to operate the Turning Point overnight shelter. The shelter provides an overnight facility for homeless persons under the influence of drugs and/or alcohol. It operates as an inebriate receiving and intervention program that provides for a 24-hour sobering up area, intensive case management and placement service. The agency’s goal is to serve 150 homeless Clearwater individuals. DH 1.1 – Provide funding in the amount of $18,000 to the Homeless Emergency Project – Emergency Shelter for operational support to administer their emergency shelter programs. The program provides shelter, meals, case management, benefit advocacy, life skills training, vocation, medical, dental, mental health care, substance abuse treatment, transportation and referrals to other supportive service providers. The agency’s goal is to assist 1,200 individuals. DH 1.1 – Provide funding in the amount of $12,000 to Religious Community Services, Inc. – Grace House in salary support to operate an emergency homeless-family program. The program provides eight weeks of shelter and services to families with children that are homeless or at risk of becoming homeless, with the goal of moving them into sustainable housing. The agency’s goal is to assist 650 families. EO 2.1 – Provide funding in the amount of $4,842 to UNO Federation Community Services, Inc. in salary support to operate a housing counseling and education program. The program provides pre- purchase, post-purchase and foreclosure prevention/intervention counseling and first-time homebuyer workshops. The agency goal is to assist 127 families. DH 2.1, DH 3.1, SL 1.1, EO 2.1, EO 3.1 - Provide funding in the amount of $650,137 to agencies in the City’s Housing Pool to acquire and/or develop real property, rehabilitate homes or rental units or provide downpayment and closing cost assistance to eligible low to moderate-income families. Eligible agencies participating in the Housing Pool include: Largo Area Housing Development Corporation, Attachment number 1 \nPage 13 of 37 Item # 4 City of Clearwater, Florida 2013-2014 Action Plan Inc., Homes for Independence, Habitat for Humanity of Pinellas County, Inc., Habitat for Humanity CHDO, and Tampa Bay Community Development Corporation. DH 2.1, DH 3.1, EO 2.1, EO 3.1 - Provide funding in the amount of $43,514 to eligible Community Housing Development Organizations to acquire and/or develop or rehabilitate real property. Description of Activities Figure 48 describes the outcome measures for activities in accordance with Federal Register Notice dated March 7, 2006, i.e., general objective category (decent housing, suitable living environment, economic opportunity) and general outcome category (availability/accessibility, affordability, sustainability). Figure 49 shows the proposed activities for the FY 2013-2014 program year. GEOGRAPHIC DISTRIBUTION/ ALLOCATION PRIORITIES Areas of Low/Moderate-income Concentrations Figure 50 shows all of the Census Tracts and Block Groups located within the City of Clearwater that have a Low/Moderate-income percentage above 40 percent. The locations of CDBG eligible areas, very-low in- come and low-income areas are shown in Figures 51 through 53. These eligible block groups can be viewed graphically in the CDBG Eligible Areas Map located in the Appendix of this report. As much as possible, the City of Clearwater aims to target CDBG funds on a community-wide basis with a focus in areas where the funds are most needed. The City will allocate its affordable housing funds on a city-wide basis. The City will allocate its CDBG funds within the City’s designated low/moderate-income areas and Neighborhood Strategy Areas. The City’s priority community development needs will continue to eliminate slum and blighting influences in the City’s two Neighborhood Revitalization Strategy Areas (North Greenwood and Lake Bellevue, formerly known as South Greenwood) which are both adjacent to the City’s expanded Downtown Community Redevelopment Area. This area is known as the East Gateway area and is east of, but contiguous to both downtown and the North and South Greenwood Revitalization Strategy Areas. Needed improvements will include infrastructure, community facilities, signage and streetscaping, landscaping and other public improvements. Attachment number 1 \nPage 14 of 37 Item # 4 City of Clearwater, Florida 2013-2014 Action Plan Figure 48 Specific Annual Objectives Specific Annual Objective Source of Funds Year Performance Indicators Expected Number Actual Number Percent Completed Availability/Accessibility of Decent Housing (DH-1) DH 1.1 Assist persons at risk of becoming homeless CDBG 2013 Number of persons assisted 12,045 - 0 % MULTI-YEAR GOAL 1,500 0% Affordability of Decent Housing (DH-2) DH 2.1 Retain the affordable housing stock CDBG HOME 2013 Number of housing units rehabilitated 14 - 0% MULTI-YEAR GOAL 115 0% Sustainability of Decent Housing (DH-3) DH 3.1 Increase the availability of affordable housing CDBG HOME NSP 2013 Number of housing units developed 14 0% MULTI-YEAR GOAL 105 0% Availability/Accessibility of Suitable Living Environment (SL-1) SL 1.1 Eliminate blighting influences and the deterioration of property and facilities CDBG HOME 2013 Number of structures/properties rehabilitated or demolished 19 0% MULTI-YEAR GOAL 3 0% Affordability of Suitable Living Environment (SL-2) SL 2.1 Increase the access to quality public services and facilities CDBG 2013 Number of people attending the facilities 1,265 0% MULTI-YEAR GOAL 15,000 0% Sustainability of Suitable Living Environment (SL-3) SL 3.1 Reduce the isolation of income groups within areas through spatial deconcentration of housing opportunities and the revitalization of deteriorating neighborhoods CDBG HOME NSP 2013 Number of people of various backgrounds receiving assistance throughout the city. 220 0% MULTI-YEAR GOAL 80 0% 8 Attachment number 1 \nPage 15 of 37 Item # 4 City of Clearwater, Florida 2013-2014 Action Plan Availability/Accessibility of Economic Opportunity (EO-1) Specific Annual Objective Source of Funds Year Performance Indicators Expected Number Actual Number Percent Completed EO 1.1 The provision of jobs to low- income persons living in areas affected by those programs and activities under programs covered by the plan 2013 Number of low- income people hired through Section 3 Activities 2 0% MULTI-YEAR GOAL 5 0% Affordability of Economic Opportunity (EO-2) EO 2.1 Availability of mortgage financing for low-income persons at reasonable rates using non-discriminatory lending practices 2013 Number of loans provided 127 0% MULTI-YEAR GOAL 100 0% Sustainability of Economic Opportunity (EO-3) EO 3.1 Access to capital and credit for development activities that promote the long term economic social viability of the community 2013 Number of loan provided 0 0% MULTI-YEAR GOAL 2 0% Neighborhood Revitalization (NR-1) NR 1.1 Improving living conditions in the Neighborhood Revitalization Strategy Areas 2013 Number of people assisted in the NRSA 2 0% MULTI-YEAR GOAL 3 0% Other (O-1) O 1.1 % MULTI-YEAR GOAL % Other (O-2) O 2.1 % MULTI-YEAR GOAL % Source: City of Clearwater, Economic Development and Housing Department, June 2013 Attachment number 1 \nPage 16 of 37 Item # 4 City of Clearwater, Florida 2013-2014 Action Plan Figure 49 FY 2013-2014 Proposed Activities Activity Type Amount Housing Rehabilitation City of Clearwater Rehab Program Delivery Costs $110,000 Program Administration Community Development Block Grant (CDBG) $151,297 Home Investment Partnership Program & Program Income $38,009 State Housing Initiatives Partnership Program - Program Income $15,000 Pinellas County Housing Trust Fund Program – Program Income $ 15,539 Neighborhood Stabilization Program 3 – Program Income $45,000 Public Services Personal Enrichment Through Mental Health Services, Inc. $2,800 WestCare Gulf Coast Florida, Inc. $12,000 Pinellas Opportunity Council, Inc. - Chore Services $12,000 Gulf Coast Legal Services, Inc. - Fair Housing $18,000 Community Service Foundation, Inc. - Fair Housing $10,000 Martin Luther King, Jr. Neighborhood Family Center $15,000 Safety Harbor Neighborhood Family Center, Inc. $11,978 Intercultural Advocacy Institute $12,000 Religious Community Services, Inc. – Grace House $12,000 Homeless Emergency Project $18,000 UNO Federation Community Services, Inc. $4,842 Public Facilities and Improvements Religious Community Services - The Haven $300,000 The Kimberly Home $114,000 Economic Development Economic Development – Program Delivery $10,000 Acquisition/Infill Housing-SF/MF City of Clearwater Infill Housing - Program Delivery $10,000 Housing Pool - SF/MF - DPA, Infill, Rehabilitation, New Construction $650,137 Largo Area Housing Development Corporation Homes for Independence Habitat for Humanity of Pinellas County, Inc. Tampa Bay Community Development Corporation The Kimberly Home Habitat for Humanity CHDO HOME Program - CHDO Set- Aside (15% of Allocation) $43,513 Total Estimated Funding $1,631,115 **Funding for proposed activities include funding from entitlement allocations, program income and prior year funding Source: City of Clearwater, Economic Development and Housing Department, June 2013 Attachment number 1 \nPage 17 of 37 Item # 4 City of Clearwater, Florida 2013-2014 Action Plan Figure 50 CDBG Eligible Areas Census Tract Block Group Low/Mod Population Potential to Become Low/Mod Low/Mod Percentage 026905 2 15 15 100 026100 5 322 386 83.4 025902 2 809 1071 75.5 026400 2 996 1326 75.1 026601 2 539 720 74.9 026200 1 1264 1707 74.0 025504 3 42 59 71.2 025902 1 381 549 69.4 025404 1 487 707 68.9 025800 3 852 1262 67.5 026100 3 672 996 67.5 026200 2 256 396 64.6 026500 1 405 633 64.0 025401 3 275 431 63.8 026808 1 2412 3868 62.4 026905 3 877 1409 62.2 025902 4 407 683 59.6 025902 5 423 713 59.3 026808 2 1973 3431 57.5 026400 1 840 1484 56.6 026300 6 337 610 55.2 025405 1 530 978 54.2 026703 3 1009 1863 54.2 026300 1 449 844 53.2 025404 6 460 868 53.0 026300 2 667 1266 52.7 026100 2 345 663 52.0 026500 5 314 605 51.9 026602 2 908 1755 51.7 Source: 2011 HUD Low and Moderate-income Summary Data Obstacles to Meeting Underserved Needs The lack of available land and rapidly rising housing prices will continue to put constraints on the City’s ability to provide affordable housing. Rapidly rising prices will also increase the need for affordable rental units for households being priced out of the owner market. The need for affordable rental projects will also increase as rents for higher-end apartment complexes increase. One obstacle that all communities face with meeting underserved needs is the lack of resources. The City of Clearwater plans to review alternative sources of funds to help address the needs of City residents. Efforts will be made to submit grant applications to Federal, state, and local resources. Specific grant applications could include Neighborhood Stabilization Programs, other Community Development Initiatives, Economic Development grants, Energy Efficiency grants, infrastructure improvements, and neighborhood enhancement/revitalization. The current economic downturn has presented several obstacles from unemployment and underemployment to foreclosures. The unemployment rate in the Tampa, St. Petersburg, Clearwater SMSA is approximately 7%. As a result of the lost jobs several low to moderate-income families has lost their homes and rental units. The vacancy rate for rental housing in Clearwater is 8.04%. Overall, 12.16% of all Clearwater housing units are vacant. In April 2013, the City’s foreclosure rate was 10.92. In addition to the foreclosure crisis, the City has seen a 46% decrease in home values over the last three years. With the impact of lack of revenues produced by the economic downturn, the need for social services has increased. The City of Clearwater will continue to work with public service providers in an effort to expand service and become more of a resource for these providers. Attachment number 1 \nPage 18 of 37 Item # 4 City of Clearwater, Florida 2013-2014 Action Plan City of Clearwater, Florida 15 2011-2012 Action Plan Figure 51 CDBG Eligible Areas Map Figure 52 Low-income Persons Map Attachment number 1 \nPage 19 of 37 Item # 4 City of Clearwater, Florida 2013-2014 Action Plan Figure 53 Very Low-income Persons Map Public Housing The Public Housing Authority for the City of Clear- water is the Clearwater Housing Authority (CHA). The CHA has developed a 5-Year Plan for the 2010-2015 fiscal years. The CHA manages 202 units and 1,095 housing Choice Vouchers. The CHA public housing program provides federally-subsidized rental properties. Residents pay only a portion of their rent based on income. Their mission is to lead in creating housing opportunities to enhance the lives of those they serve. The CHA aims to build communities with innovative programs, sustain a dignified and desirable environment and create alliances to nurture self-sufficiency. According to the Fiscal Year 2010 Five-Year and Annual PHA Plans for the CHA, the following specific goals will enable the agency to serve the needs of low and very low-income, and extremely low-income families over the next five years: 1. Apply for additional Housing Choice Vouchers when available and applicable. 2. Continue to search for affordable housing opportunities and when practical, utilize available Replacement Housing Factor increments. The CHA has an ongoing management program in place to involve residents in its operations. CHA is recognized throughout the state and nation as being a very progressive housing authority. Income- eligible residents of CHA’s programs are eligible for all of the City’s affordable housing programs shown in Figure 54. Attachment number 1 \nPage 20 of 37 Item # 4 City of Clearwater, Florida 2013-2014 Action Plan Capital The CHA assisted 1,095 families per month through its Housing Choice Voucher Program in 2012. The total expenditures for the program were $9.8 million which included Housing Assistance Payments of $8,797,400. The public housing units were 100% occupied with expenditures totaling $18 million. The City’s Public Housing Authority is not listed as troubled by HUD. Homeless and Special Needs Homeless The Pinellas County Homeless Leadership Board (HLB) has been in place since February 12, 2012. The HLB is charged with the creation, implementation, and oversight/evaluation of a countywide comprehensive system of services to get homeless individuals and families stabilized and in permanent housing as quickly and effectively as possible. The HLB is the by-product of the former Homeless Leadership Network (HLN) and the Pinellas County Coalition for the Figure 54 Priority Public Housing Needs, City Of Clearwater Housing Authority Public Housing Need Category PHA Priority Need Level High Median Low No Such Need Estimated Dollars to Address Restoration and Revitalization *BT Structural Improvements Currently Underway Capital Improvements - - Modernization - - Rehabilitation - - Other (Specify) - - *BT – Window replacement with structural improvements, re-stucco and repair to Barbee Towers $65,936 - *BT – Paint and reseal exterior to Ralph Richards Tower $30,000 Management and Operations - Operations $165,000 - Physical Needs Assessment $20,000 Improved Living Environment Neighborhood Revitalization (non-capital) - - Capital Improvement - - Safety/Crime Prevention/Drug Elimination - - Other (Specify) Computer hardware/software systems upgrades $50,000 Economic Opportunity Resident Services/Family Self Sufficiency - - Other (Specify) - - Total $330,936 Source: City of Clearwater, Economic Development and Housing Department, June 2012 Attachment number 1 \nPage 21 of 37 Item # 4 City of Clearwater, Florida 2013-2014 Action Plan Homeless, Inc. (PCCH). The PCCH worked tirelessly for more than 28 years to coordinate homeless services among the 25-plus provider organizations; the two organizations then worked together from 2006 – 2012 to implement the Pinellas 10-Year Plan to End Homelessness and to oversee homeless services. The HLB is the leadership entity for the provision of streamlined, action-oriented, results-oriented homeless services and is accountable to funders and the community for reducing homelessness and getting people in stable housing. It has assumed the roles and responsibilities of the former HLN and PCCH, and has added the goal of creating and implementing a true homeless/at-risk system of being homeless services for individuals, families, unaccompanied youth, chronic homeless persons, and veterans. The HLB is the lead agency for the Pinellas County/St.Petersburg/Clearwater/Largo Continuum of Care (COC). Its mission is to prevent, reduce and end homelessness in Pinellas County. It will continue to provide previous PCCH services such as the annual homeless Point-In-Time count, and the Cold Night Shelter program. It will monitor performance outcomes for HUD-funded providers, based on whether the services actually helped individuals and families gain permanent housing; every provider will be held to those outcomes, and funding decisions and recommendations will be based on performance. The HLB will be accountable to the system funders and the community for the outcomes of the homeless services and for the reduction in homelessness in Pinellas County. Homeless Needs The following narrative is based on the HUD- approved data for 2012 Point in Time (PIT) Count of Homeless Individuals in Pinellas County. The 2012 point in time (PIT) count of homeless individuals in Pinellas County was designed to obtain an accurate census of the number of home- less individuals residing in the County. The street count primarily took place in January 2012 at different locations around the County. Throughout the day, volunteer surveyors interviewed homeless and at-risk individuals, and families to capture a broad range of information concerning demographics, living arrangements, education, employment status and several other key factors. Collection and analysis of this data is intended to help stakeholders obtain resources, develop community initiatives and understand how to best provide services to people who are homeless or are at-risk of homelessness in Pinellas County. According to the 2012 Point-In-Time Count published by HUD, the total homeless population of the St. Petersburg/Clearwater/Largo/Pinellas County Continuum of Care was 3,971 (1,951 sheltered and 2,020 unsheltered). There were 1,702 sheltered individuals and 1,220 unsheltered individuals, for a total of 2,922 homeless individuals. Homeless families represented 26.42% of the total homeless population, with 800 persons in families unsheltered and 249 sheltered. There were 429 chronically homeless, 68.76% of whom were unsheltered. Homeless veterans accounted for 11.78% of the total homeless population (468 out of 3,971). When asked, the primary reasons given for homelessness included: loss of a job, financial problems, or not enough income; alcohol or drug problems; criminal history/arrest/incarceration; family break-up; and mental health or emotional problems. The data included in the point in time count is primarily reflective of Pinellas County as a whole, and not specifically for the City of Clearwater. In determining the unmet need for the homeless population, Figure 42, in the 2011-2016 Consolidated Plan displays 1,650 beds available for individuals. The total number of individuals identified in the 2012 PIT count is 1220. It can be assumed that the current inventory of beds is adequate to serve this population. For families the Attachment number 1 \nPage 22 of 37 Item # 4 City of Clearwater, Florida 2013-2014 Action Plan number of available beds is 601 with a PIT count of 800. The current inventory of beds is not adequate to serve this population. Proposed Homeless Projects to address needs: • Provide funding in the amount of $300,000 to Religious Community Services, Inc., for renovations at The Haven of RCS. This facility offers housing and related support services for victims of domestic abuse. Funding to The Haven will be used to demolish and reconstruct office building. The Haven’s goal is to serve 10,000 domestic violence victims (women and children). · Provide funding in the amount of $12,000 to Religious Community Services, Inc. – Grace House in salary support to operate an emergency homeless-family program. The program provides eight weeks of shelter and services to families with children that are homeless or at-risk of becoming homeless, with the goal of moving them into sustainable housing. The agency’s goal is to assist 650 families. · Provide funding in the amount of $18,000 to the Homeless Emergency Project – Emergency Shelter for operational support to administer their emergency shelter programs. The program provides shelter, meals, case management, benefit advocacy, life skills training, vocation, medical, dental, mental health care, substance abuse treatment, transportation and referrals to other supportive service providers. The agency’s goal is to assist 1,200 individuals. • Provide funding in the amount of $12,000 to WestCare GulfCoast Florida, Inc., for salary support to operate the Turning Point overnight shelter. The shelter provides an overnight facility for homeless persons under the influence of drugs and/or alcohol. It operates as an inebriate receiving and intervention program that provides for a 24-hour sobering up area, intensive case management, and placement service. The agency’s goal is to serve 150 homeless Clearwater individuals. Non-Homeless Special Needs Population Special populations, such as the disabled or populations living with HIV/AIDS, face particular obstacles when it comes to housing. Often living on fixed incomes or burdened by medical expenses, housing opportunities are typically limited. The U.S. Census Bureau defines disability as a long-lasting sensory, physical, mental or emotional condition. This condition can make it difficult for a person to do activities such as walking, climbing stairs, dressing, bathing, learning, or remembering. It can also impede a person’s ability to go outside the home to maintain a job. Disability includes persons with severe vision and/or hearing impairment. According to the 2000 U.S. Census, of the 79,802 citizens between 5 and 64 years old in the City of Clearwater, more than 32 percent (26,083) had some kind of disability. Of the 23,357 citizens 65 years or older in the City, more than 66 percent (15,477) had some kind of disability. Currently, there are a number of agencies within the region that provide programs for the disabled. Family Network on Disabilities, Inc., Abilities of Florida, Inc., Alternatives at Work, ARC Upper Pinellas, and Gulf Coast Jewish Family Services are the primary service providers for this population. While all of these agencies offer programs that encourage self- sufficiency, including job training and assistance in locating affordable housing, few of these programs have dedicated housing stock for the disabled. This special needs population could be underserved in the City of Clearwater given the limited resources for housing specifically. Attachment number 1 \nPage 23 of 37 Item # 4 City of Clearwater, Florida 2013-2014 Action Plan According to the U.S. Department of Health and Human Services Centers for Disease Control and Prevention, approximately 1.1 million Americans are living with HIV, the virus that causes AIDS, and one-fifth of those infected are unaware of their infection. According to the Pinellas County Health Department 2009 HIV/AIDS demographic information for Pinellas County, there are 155 reported cases of AIDS in Pinellas County. In addition, there are 184 reported cases of HIV in Pinellas County. Based on the percentage of persons living in Clearwater’s below the poverty rate in Clearwater, it is estimated that roughly 5 persons with HIV/ AIDS may need supportive housing. The State of Florida Housing Opportunities for Persons with AIDS program (HOPWA) does not offer any services in Pinellas County for persons living with the HIV/AIDS virus. However, the State of Florida offers HOPWA program services in Tampa, approximately 15-20 miles from the City. Additionally, the Pinellas County Health Department, through its Patient Care, AIDS Drug Assistance Program (ADAP), and HIV/AIDS Surveillance, is the primary service provider for this special needs population. However, the Health Department does not provide services related to housing specifically. A number of specialized services are provided through various agencies in Clearwater. The City will continue to narrow the gap in services provided to citizens with special needs. The City shall support efforts, either financially or otherwise, to meet the needs of this population. Projects that utilize diverse sources of funding will be granted a higher priority. A description of the City’s existing services and programs dedicated to helping those with special needs follows. Additionally, the City coordinates with other agencies to provide services if such ser- vices are not provided by the City of Clearwater. Elderly & Frail Elderly The elderly and frail elderly are assisted through City, County and non-profit agencies. Pinellas County, Department of Health and Human Services provides a significant number of services, from hot meals to transportation, in partnership with community organizations and Federal, State and local funding sources. Local service providers for the disabled include Abilities of Florida, Inc., a non-profit 501(c) 3 organization located in Clearwater. Abilities of Florida, Inc. offer employment and vocational rehabilitation services to people with disabilities. In addition, they offer outsourcing labor options to businesses and government agencies in a variety of fields. Additionally, Gulf Coast Jewish Family Services is a non-profit 501(c) 3 organization located in Clearwater. Gulf Coast Jewish Family Services provides service to infants, children, families and elders in serious physical, mental, medical, social and financial crisis, allowing persons to remain free and independent with families and loved ones. Services include case management, homemaker services, affordable housing, mental health services and job training. Substance Abusers In Florida, services for persons with Substance Abuse disorders are coordinated by various agencies within the State of Florida, Pinellas County and the City of Clearwater. Florida Department of Children and Families has several programs that can aide Florida families and individuals. The Department of Children and Families provides programs called Substance Abuse & Mental Health (SAMH). The Department’s SAMH programs are administered statewide, through 20 circuits, which are grouped into six regions. Acquired Immune Deficiency Syndrome (AIDS) The Pinellas County Health Department provides services for those infected with HIV or having AIDS. Attachment number 1 \nPage 24 of 37 Item # 4 City of Clearwater, Florida 2013-2014 Action Plan The Pinellas County Health Department has over 12 years of experience providing health care to persons living with HIV and/or AIDS. Pinellas County Health Department has programs broken down into various categories: Patient Care The Pinellas County Health Department HIV/ AIDS Program was established in 1997. The AIDS patient care clinic is funded privately and publically through private donorship and state general revenue dollars. The clinic is contracted to provide care to 250 clients however, Pinellas County Health Department has reported that the County is presently seeing over 800 clients. The Patient Care Clinic also provides patient care, HIV counseling and testing, case management, nutritional services, etc. The AIDS Drug Assistance Program (ADAP) ADAP assists HIV positive persons stay healthy by providing financial support with the purchase of HIV prescription medications for people who do not qualify for Medicaid, or have private health insurance, or are awaiting Medicaid eligibility. HIV/AIDS Surveillance Pinellas County Health Department provides education though community presentations and street outreach. In addition, the Health Education department provides HIV/AIDS training to health care professionals, provides technical assistance to community-based agencies, maintains a re- source library of HIV/AIDS educational videos and materials and conducts media relations to ensure release of current HIV/AIDS information. Jail Linkage Program The Pinellas County Jail Linkage Project is a program inaugurated in Pinellas County by the Pinellas County Health Department and has been in operation since 2001. The Pinellas County Jail Linkage Project conducts risk assessments to inmates to determine those who may be at high risk of infection. The Pinellas County Health Department provides prevention/education and testing of those individuals who may otherwise “slip through the cracks” of the system. Victims of Domestic Violence The Haven of Religious Community Services (RCS) provides safe housing, outreach and case management to survivors of domestic violence through the Pinellas County area. RCS is a 501(c) (3) nonprofit corporation that has been in operation since 1967. The City has given the non-homeless special needs populations, who require supportive facilities/housing, a medium priority and intends to continue to support activities in this area as we are presented with projects and/or as we identify activities. Within this group, the elderly are being given the highest priority. Proposed Non-Homeless Special Needs Projects: • Provide funding in the amount of $12,000 to Pinellas Opportunity Council, Inc., for salary support to implement the agency’s Chore Services Program . The program promotes better livable opportunities by providing services to the elderly and frail elderly. The services will help to alleviate blight and blighting conditions, reduce crime, and create a sense of pride in their community by providing heavy household cleaning, yard work and minor repairs. The agency’s goal is to assist 40 elderly households. Barriers to Affordable Housing The City of Clearwater is sensitive to the effects that public policies have on the cost of housing as well as those that serve to dissuade development, maintenance or improvement of affordable housing. Although some of the barriers to the cost of producing affordable housing are beyond the control of local government, it is hoped that Attachment number 1 \nPage 25 of 37 Item # 4 City of Clearwater, Florida 2013-2014 Action Plan City policies do not create more barriers. The City works to establish positive marketing strategies and program criteria increasing housing choices for households with limited incomes, to provide geographical choice in assisted housing units, and to improve the physical quality of existing affordable housing units. The City has identified regulatory, transportation and financing issues as barriers to affordable housing. The City of Clearwater will continue to avoid all barriers to affordable housing. In many municipali- ties, the following programs and policies have the potential for creating barriers to affordable hous- ing, and thus, are a matter of interest for the City: • Land Development Regulations: The City of Clearwater LDR is free of barriers to affordable housing. It is a useful tool designed to promote the health, safety and welfare of its residents. It does not contain any restrictive, exclusionary zoning or excessive subdivision controls that would impose barriers to affordable housing. • Building Codes: The City adheres to the State guidelines code books, designed to ensure that dwelling units are structurally sound and safe for their inhabitants. CABO (Council of American Building Officials) guidelines are used for one and two-family dwelling units. Such building codes do not include any codes which are insensitive to the older housing stock of the City. • Approval and Permitting Systems: The City does not utilize slow procedures that are burdensome and uncoordinated, nor does the City impose repetitive reviews that require developers to incur high costs and lose valuable time. • Manufactured and Modular Housing: The City permits manufactured and modular housing as long as the development is consistent with the City’s LDR and Comprehensive Plan. The LDR does not impose restrictive barriers on these types of new construction. • Redlining and Secondary Market Practices: The City does not use such practices. • Code Enforcement: The City has no systematic house to house code enforcement program. A complaint-based code enforcement process is available to people who call Development Services seeking help. As a result, there are no code enforcement activities that are excessive, exclusionary, or discriminatory. • Policies that Affect the Return on Residential Investment Including Supportive Housing: The City has no policies that affect the return on residential investment. As a result there are no such policies that are excessive, exclusionary, and discriminatory. Other Actions Lead-Based Paint Throughout the fiscal year, the County Health Department screens and tests school children for lead poisoning. The City will continue to test all buildings built before 1978 for lead-based paint in all its housing programs. The City follows procedures as specified in applicable regulations. The Department and its representatives provide all required notifications to owners and occupants and inspect for defective paint surfaces of pre-1978 properties. Any defective paint conditions found are included in the Scope of Work and Treatment provided to the defective areas. No children under 7 years of age have been found to have identified Environmental Intervention Blood Lead Level (EIBLL) condition; however, interior chewable surfaces are treated as necessary. All Department policies and procedures have been revised to conform to federal requirements. An EPA-certified staff member orders and reviews paint inspections, risk assessments and clearance testing of suspect properties done by licensed testing professionals. Attachment number 1 \nPage 26 of 37 Item # 4 City of Clearwater, Florida 2013-2014 Action Plan In every program where Federal funds are ex- pended on a housing unit, the City incorporates the current procedures for hazard reduction or LBP abatement guidelines as defined in 24 CFR Part 35. A problem that impacts the rehabilitation of owner- occupied housing units is the presence of lead- based paint if the home was built prior to 1978. The costs for the treatment or removal of these conditions can be minor for encapsulation to major for removal. When a home is identified as a candidate for the City’s Rehabilitation program, and if it was built prior to 1978, it is inspected for lead in accordance to the rules of the federal programs. Should lead hazards be found, the City will discuss the options with the homeowner to eradicate the lead presence. The City provides loans to eligible households for lead abatement. Lead-based paint is defined as paint containing one milligram per square centimeter (1 mg/cm2) of lead, or 0.5 percent lead by weight. The definition of a lead-based paint hazard is any condition that causes exposure to lead from lead-contaminated dust, soil, or paint that is deteriorated or present in/on accessible surfaces, friction surfaces, or impact surfaces that would result in adverse human health effects as established by the appropriate federal agency. Although lead is known to cause adverse health effects in both adults and young children, children (particularly those under the age of 7) are at a greater risk to lead-based paint hazards. Severe lead exposure in children, which is quantified as having blood lead levels greater than or equal to 880 micrograms per deciliter can lead to convulsions, a coma, or even death. High levels of lead exposure can also cause mental retardation, kidney damage, as well as damage to the central nervous system, brain, and blood forming tissues. Figure 55 displays that the number of lead-poisoning cases among children has been in long term decline within the County, declining from 311 new cases in 1993 to only 30 in 2007. Public and private efforts are currently underway with the Pinellas County Public Health Department taking the lead in addressing lead poisoning in the community. The department has received a grant from the Centers for Disease Control and Prevention. During the years 2000-2007, 34,674 children were screened for lead poisoning throughout Pinellas County by local-pediatricians and health care facilities. One hundred thirty-four cases of lead poisoned children were identified. This program will continue to be expanded, especially in the already identified high risk target areas. The City has recently done extensive research to obtain educational and outreach materials pertaining to lead-based paint. We have placed many brochures, education materials and useful links on our website for citizens to access. Attachment number 1 \nPage 27 of 37 Item # 4 City of Clearwater, Florida 2013-2014 Action Plan Figure 55 Pinellas County New Case Rate, 1993-2007 Year New Cases (#) Total Screened 1993 311 6,637 1994 275 8,295 1995 153 7,628 1996 116 6,543 1997 104 6,196 1998 73 6,614 1999 60 5,581 2000 47 5,249 2001 31 4,939 2002 16 5,605 2003 25 6,479 2004 14 4,378 2005 11 2,689 2006 6 2,684 2007 30 2,651 Total 1,272 82,168 Source: 2005-2010 Consolidated Plan; Pinellas County Public Health Department 2011; Center for Disease Control and Prevention. Fair Housing In 1995, HUD announced that entitlement communities, communities receiving direct federal funding from Community Development Block Grant, HOME Investment Partnership and Emergency Shelter Grant programs, must conduct a study of existing barriers to housing choice. This required study is referred to as the Analysis of Impediments (AI) and is part of entitlement communities’ consolidated planning process. The purpose of the AI is to examine how state and local laws, and private, public and non-profit sector regulations, administrative policies, procedures, and practices are impacting the location, availability, and accessibility of housing in a given area. The AI is not a Fair Housing Plan; it is an analysis of the current state of fair housing choices in Clearwater and identifies specific barriers that need to be addressed if future fair housing initiatives are to be successful. Each jurisdiction receiving federal funds must certify that it is affirmatively furthering fair housing. The certification specifically requires jurisdictions to conduct an analysis of impediments to fair housing choice within the state or local jurisdiction, take appropriate actions to overcome the effects of any impediments identified through that analysis, and maintain records reflecting the analysis and actions in this regard. On July 22, 2010, the Cities of St. Petersburg, Largo and Clearwater and Pinellas County pro- cured the services of J-Quad Planning Group, a fair housing consultant, to conduct an analysis of impediments to fair housing choice for each entity. The analysis of fair housing choice in the City has identified impediments, through a study methodology that included conducting focus group sessions, the construction of a demographic analysis resulting in a community profile and fair housing index, analysis of the Home Mortgage Disclosure Act (HMDA) data for the City and Pinellas County and a fair housing law and public policy and program review. The City’s commitment to furthering affordable housing through planning and CDBG/HOME program design and implementation is noteworthy. These efforts will continue to help maintain stability and strengthen its older and lower-income areas. The City and its nonprofit partners are encouraged to expand these efforts into other neighborhoods as a primary means of expanding fair housing choice. Banking, Finance, Insurance and Other Industry Related Impediments Impediment: Impacts of the Sub-prime Mortgage Lending Crises and Increased Foreclosures. Remedial Action: Continue to work with the State, National Non-Profit Housing Intermediaries, Federal Home Loan Bank, other lenders and HUD to evaluate programs and identify funding that can Attachment number 1 \nPage 28 of 37 Item # 4 City of Clearwater, Florida 2013-2014 Action Plan help reduce the mortgage default rate and fore- closure rates among low- and moderate-income home buyers and existing home owners. Impediment: Low number of loan applications from minorities and low origination rates for minority applicants. Remedial Action: Continue homebuyer outreach and education efforts. Expand homeownership and credit counseling classes as part of a high school curriculum to help prevent credit problems later in life. Impediment: Predatory lending and other industry practices. Remedial Action: Continue to encourage financial institutions to assist low- to moderate-income persons by establishing or reestablishing checking, savings, and credit accounts for residents that commonly utilize check cashing services through bank initiated “fresh start programs” for those with poor credit and previous noncompliant bank ac- count practices. Socio-Economic Impediments Impediment: Poverty and low-income among minority populations. Remedial Action: Continue to work on expanding job opportunities through the recruitment of corporations, the provision of incentives for local corporations seeking expansion opportunities, and the assistance with the preparation of small business loan applications. Support agencies that provide workforce development programs and continuing education courses to increase the educational level and job skills of residents. Neighborhood Conditions Related Impediments Impediment: Limited resources to assist lower income, elderly and indigent homeowners maintain their homes and stability in neighborhoods. Remedial Action: Continue to support and expand program of Self-Help Initiatives based on volunteers providing housing assistance to designated elderly and indigent property owners and assist them in complying with municipal housing codes. Involve volunteers, community and religious organizations/institutions and businesses as a means of supplementing financial resources for housing repair and neighborhood cleanups. Public Policy Related Impediments There were no Public Policy Related Impediments. The City funds programs that offer free classes for persons desiring to become homeowners. The Pinellas Realtor Organization subscribes to the Voluntary Affirmative Marketing Agreement (VAMA) and works to educate its members about Fair Housing. Training and marketing materials have been videotaped and translated into American Sign Language and Spanish. The City promotes home ownership and education at various homebuyer fairs and expositions. The City also provides funding to the Community Service Foundation to provide Fair Housing Education. In addition to the Human Relations Department, the City is working with Pinellas County Realtors through the VAMA Program to further fair housing opportunities in real estate transactions. To further these efforts of the VAMA, the Pinellas County Board of Realtors enlisted the services of the Community Housing Resource Board to focus on the federal, state and local enforcement agencies, housing industry groups and volunteer community groups working together to promote fair housing practices. These efforts include: • Providing public information on fair housing • Assessing community fair housing needs and identifying local problems and issues that impede equal housing opportunity • Evaluating performance and effectiveness of the VAMA • Expanding minority involvement in the real estate industry Attachment number 1 \nPage 29 of 37 Item # 4 City of Clearwater, Florida 2013-2014 Action Plan • Expanding public awareness of housing opportunities in the community • Developing cooperative solutions to problems associated with implementation of the VAMA • Continued support of the Pinellas County Human Relations Department, Pinellas County Board of Realtors, and the Community Housing Resource Board • Continued to work with the local committee of Americans with Disabilities to view housing related issues for homeowners, renters, or homebuyers with disabilities. • Provided funding in the amount of $18,000 to Gulf Coast Legal Services to implement a fair housing program that offers counseling services, initial needs assessment, rental eviction intervention, and marketing of fair housing programs. The agency assisted 80 individuals. • Provided funding in the amount of $10,000 to the Community Service Foundation to administer a fair housing program . The agency assisted 120 individuals. The Pinellas County anti-discrimination effort focuses on public information and enforcement of fair housing regulations and the County’s Human Rights Ordinance. The County publishes a Housing Resource Directory that includes an overview of fair housing law, information about reasonable accommodation and accessibility, and a list of state and local enforcement agencies. The County produces a brochure entitled, Fair Housing in Pinellas County, and distributes approximately 5,000 copies annually. Below market rate mortgages, down payment and closing cost assistance are readily available through the County’s Housing Finance Authority and through other agencies. The County is also active in providing and promoting affordable housing, providing low-cost funds for home purchase or repair, and modifications to homes to make them accessible to persons with disabilities. The City directs significant resources to expand the supply of affordable rental housing and partners with a variety of for-profit and non-profit developers and the Housing Finance Authority of Pinellas County. The City also assists developers with a variety of incentives aimed at reducing development costs, impact fees, and regulatory impediments. The City encourages mixed-income, multi-family developments to develop affordable housing in areas that are not predominantly low to moderate- income as part of a continuing effort to deconcentrate poverty. Funding is denied to developers who do not provide mixed-income housing where the effect could be to racially or economically segregate low-income households. Anti-Poverty Strategy Income levels are a good way to measure the relative economic health of a community. Three measures of income (median household income, median family income, and per capita income) are recorded by the U.S. Census. Household income is a measure of the total incomes of the persons living in a single household. Family income is a measure of the total incomes of a family unit and does not include non-family units, such as a single person living alone, and for this reason is typically higher than household income. Per capita income is a measure of the incomes of every person in a specific area. Because per capita income is based on all individuals, these statistics are typically lower than those based on household or family incomes. Figure 9, Income and Poverty 1990-2000 on page 10 in the 2011-2016 Consolidated Plan, shows these measures applied to the City of Clearwater in both the 1990 and 2000 censuses. The 1990 statistics have been adjusted for inflation. As shown in Figure 9 in the 2011-2016 Consolidated Plan, the City of Clearwater reported increases in all Median Household Income, Median Family Income and Per Attachment number 1 \nPage 30 of 37 Item # 4 City of Clearwater, Florida 2013-2014 Action Plan Capita Income between 1990 and 2000, with Median Family Income being the highest increase (3.2 percent). Other surrounding communities experienced moderate increases in all three income categories, with the exception of the City of Largo, which experienced a 1 percent decrease in Median Household Income from 1990 to 2000. For the City of Clearwater, the poverty level increased from 10.6 percent in 1990 to 12.3 percent in 2000. Every other surrounding community saw both the poverty level increase and decrease over the 10-year period. However, at 12.3 percent in 2000, the City of Clearwater’s poverty level is high when compared to the surrounding communities. Pinellas County reported a slight increase in poverty from 9.5 percent to 10 percent, while Florida reported a slight decrease in poverty from 12.6 percent to 12.5 percent. The City of Clearwater participates in the Tampa Bay Partnership, the regional Economic Development agency and Enterprise Florida, the Statewide Economic Development entity; and has its own Economic Development Program. The Tampa Bay Partnership internationally recruits companies to locate to the Tampa Bay region. They provide a full range of business relocation assistance programs and utilize state and local incentive programs to help in this process. There are also Small Business Development Centers at the local Community College. The Tampa Bay Partnership works with a network of educational agencies to provide customized job training programs for the business community. The area’s Workforce Development Board, Worknet, provides job training/employment skills to low- income residents. Institutional Structure The City continues to work with the various providers and partners of their programs in an effort to expand its services and opportunities and to make small, continuous improvements to the process and continue to solicit input from all organizations involved in the process. The City utilizes a variety of non-profit organizations to deliver housing, community and economic development services. In the housing programs the City utilizes the local lending institutions and mortgage companies to partner with the City to provide affordable housing. The City funds several non-profit organizations that provide operational support and services on a county-wide level. Both organizations are located in another city of the county but assist Clearwater residents with their services. As in the past, the City has joined forces with the City of Largo and Pinellas County to fund a county-based non-profit organization that provides counseling and safe shelter for run-away youths (Family Resources). The City has developed a wide network of service providers that assist the City with implementing its housing, community and economic development programs. Our service providers include such organizations as: • Tampa Bay Community Development Corporation • Largo Area Housing Development Corporation • Pinellas Habitat for Humanity • Community Service Foundation • Abilities of Florida, Inc. • The Kimberly Home, Inc. • Religious Community Services, Inc. • UNO Federation Community Services • Gulf Coast Legal Services, Inc. • Safety Harbor Neighborhood Family Center, Inc. • Westcare of Florida • Homeless Emergency Project • Pinellas Opportunity Council – Chore Services • Martin Luther King Jr. Neighborhood Family Center • Intercultural Advocacy Institute • Personal Enrichment through Mental Health Services Attachment number 1 \nPage 31 of 37 Item # 4 City of Clearwater, Florida 2013-2014 Action Plan The City’s service delivery system continues to work well. Communication and coordination between the providers is excellent. Many agencies will refer clients to the various other providers. Many of the Social/Public Services providers are members of the Pinellas County Coalition for the Homeless and that organization provides a great medium for coordination and networking. The City continues to work to bring in more housing non-profits to assist with its Housing Programs, in particular our housing rehabilitation program. In addition to housing nonprofits, the City continues to recruit more quality contractors to participate in our rehabilitation and infill housing programs. With the very active new construction market, it has been hard to find additional contractors. Other actions undertaken by the City included developing institutional structures and enhanced coordination between public and private housing and social service agencies. Partners-In-Self Sufficiency administers a self-sufficiency program that provides housing and educational opportunities to single-parent, low-income households. Under the program the Clearwater Housing Authority pro- vides Section 8 certificates or vouchers to program participants while they are pursuing education and job training. At the end of the program, participants should have saved enough money for a down payment on a home. The City’s Housing Division, and other approved housing providers, would further assist them with obtaining housing opportunities. The City continues to look for ways to improve and enhance the coordination between our service providers and routinely solicits input from the providers and clients on how the system can be improved. The City of Clearwater has identified the following institutional structure through which it will carry out its affordable and supportive housing strategy. The structure includes organizations from several backgrounds. These organizations represent private firms, local, non-profit agencies and local and state agencies. The most important firms are local financial institutions and contractors. Financial institutions include savings and loans and banks. Many home loans for rehabilitation and housing purchase are made by banks and savings and loans. Home loans for rehabilitation are made by credit unions. Contractors perform housing rehabilitation and build new houses. Some local non-profit agencies are responsible for assisting homeless persons and households; other non-profit agencies rehab and repair owner occupied houses and rental units for low-income occupancy. Home maintenance skills are provided to households. Subsidies for home acquisition are provided. Legal help and fair housing assistance are also provided. Public agencies include city, county and state governments. City government provides financial aid to rehabilitate renter- and owner-occupied units and staff to enforce housing codes. The Housing Commission operates units in the City to house low- income households. For 2011-2016 there are several ongoing efforts to enhance coordination between various providers of services, facilities and affordable housing for low-income persons and homeless persons, and between providers of housing rehabilitation and these services and facilities. Coordination between public agencies providing housing resources takes several forms. The two agencies involved here are the Clearwater Housing Authority and the City’s Economic Development and Housing Department. Coordination activities include the following: • Five-Year Consolidated Plan and Annual Action Plan • Consolidated Annual Performance Evaluation Report Attachment number 1 \nPage 32 of 37 Item # 4 City of Clearwater, Florida 2013-2014 Action Plan • Annual City budget preparation • Ongoing staff communication to solve common problems • Responding to HUD directives Monitoring All sub-recipients will receive federal and local regulations relating to their specific activity, along with an explanation as to how these apply to the particular project. Specific Performance Agreements will be executed with each sub-recipient, giving measurable objectives for the eligible activity to be carried out. Each project is monitored on an ongoing basis and all pre-construction conferences are attended by department staff. Documentation submitted with reimbursement requests is re- viewed for compliance with applicable regulations and measurable objectives prior to issuing funds. On-site monitoring of selected sub-recipients will be scheduled and completed annually by the Accounting and Contracts Manager and/or the Project Manager. A checklist will be completed and reviewed to insure all aspects of the activity are carried out in accordance with applicable regulations. A follow-up letter will be sent to the subrecipient stating the outcome of the monitoring visit. In addition to the above documentation, any subrecipient determined to be in need of and/ or requesting additional training on how to meet grantee and federal requirements will receive technical assistance in the form deemed most appropriate to the circumstances by the Account- ing and Contracts Manager, Project Manager, or Housing Manager. Additional technical assistance, if needed or requested, will be given at the time of the annual monitoring. HOME: Monitoring will be carried out in accordance with federal regulations to insure compliance with all HOME requirements. Each sub-recipient will be monitored on site to verify that: • The minimum percent requirement for HOME- assisted units are being met under the contract. • Eligible tenant occupancy meets the minimum percent requirement for HOME-assisted units under the guidelines. • Adherence to the contractual requirements regarding concentration of HOME units and special treatment of HOME tenants. • The Waiting List procedures are in compliance with the grant covenants. • Adherence to the Equal Housing Provisions of the contract. • Adherence to the MBE and WBE provisions of the contract. • The HOME-assisted units meet housing quality standards, and on-site files will be reviewed for the following information: o Current, signed lease. o Verify tenant’s signature to an acceptable form of identification. o Verify monthly rent is in compliance. o Verify tenant’s income is supported by file documentation. o Verify annual recertification was performed in a timely fashion and in compliance with contract provisions. The City recognizes that monitoring of this Consolidated Plan must be carried out on a regular basis to ensure that the statutory and regulatory requirements are being met. Further, it is critical to confirm that the information being reported to HUD through such mechanisms as the Integrated Disbursement and Information System (IDIS) is correct and complete. The City of Clearwater Economic Development and Housing Department is responsible for preparing annual reports detailing the progress of all of the strategies contained in the Consolidated Plan. This department will periodically monitor the implementation of these strategies to identify areas requiring improvement. Clearwater will attempt to monitor the success of a couple of projects based on the new regulations Attachment number 1 \nPage 33 of 37 Item # 4 City of Clearwater, Florida 2013-2014 Action Plan as stated in September 2003, CPD issued Notice 03-09, “Development of State and Local Perfor- mance Measurement Systems for Community Planning and Development Formula Grant Pro- grams”. These benchmarks will be tracked over the time frame covered within this document. The performance of all projects will be reported in the self-evaluation section of the Consolidated Annual Performance Evaluation Report. The City of Clear- water will follow HUD’s mandates. To monitor the City’s overall progress, comments will be sought from a number of external sources including the non-profit agencies to which Clearwater gives CDBG and HOME funding. Comments from these organizations will be solicited on the City’s annual performance. It is intended that this monitoring plan will reinforce the communication network between the City and the various housing and human needs agencies participating directly in the implementation of the Consolidated Plan or assisting in the provision of service supporting the Plan’s strategies. The monitoring process will also ensure accountability, compliance and adequate progress from the various agencies funded as part of the City’s CDBG Program . Program Specific Requirements Community Development Block Grant Program In addition to the entitlement allocations listed above, the City maintains three Revolving Loan Funds which are set up to carry out specific activities. These include: the Housing Rehabilitation Revolving Loan Fund (City Fund #686), the Economic Development Revolving Loan Fund (City Fund #687) and the Infill Housing Revolving Loan Fund (City Fund #689). The Housing Rehabilitation Revolving Loan Fund includes payments made by homeowners who participated in the Rehabilitation Program and had their home repaired. The Economic Development Revolving Loan Fund includes payment made by for-profit business owners who participated in the Economic Development Program and obtained funds to start up or maintain their businesses. The Infill Housing Revolving Loan Fund includes payments made by sub-recipients who borrowed funds to purchase vacant lots to build homes. Funds were repaid when the sub-recipient sold the home to an eligible homebuyer. In FY 2013-2014, the City anticipates that the revolving fund balance will be $796,336. These funds include $296,075 from the Infill Housing Revolving Loan Fund, $224,269 from the Economic Development Revolving Loan Fund, and $275,992 from the Housing Rehabilitation Revolving Loan Fund. All program income received in the preceding year has been identified in the previous plan. 1. Proceeds from Section 108 loan guarantees that will be used during the year to address the priority needs and specific objectives identified in its strategic plan. The City does not use funding for Section 108 Loan Guarantees. 2. Surplus funds from any urban renewal settlement for community development and housing activities. The City did not participate in any urban renewal settlement. 3. Any grant funds returned to the line of credit for which the planned use has not been included in a prior statement or plan. The City did not return any grant funds from the line of credit. Attachment number 1 \nPage 34 of 37 Item # 4 City of Clearwater, Florida 2013-2014 Action Plan 4. Income from float-funded activities. The City did not use any of its funding for any float-funded activities. 5. Urgent need activities, only if the jurisdiction certifies. The City did not identify any of its funds for urgent need during this reporting period. 6. Estimated amount of CDBG funds that will be used for activities that benefit persons of low and moderate-income. The City did not receive, or anticipates receiving, any funds through any float-funded activities, Section 108 Loan Guarantee Program, or any other urban renewal program. All funds allocated for the City have been used on CDBG activities. One hundred percent of all CDBG funds will be used for low to moderate-income activities. Home Investment Partnership Program Recaptured funds are HOME funds which are recouped by the City when HOME-assisted home- ownership housing does not continue to be the principal residence of the assisted homebuyer for the full affordability period. The City will use the recapture method to obtain these funds. The recapture provision is subject to the limitation that when the recapture requirement is triggered by a sale, voluntary or involuntary, if the housing unit, and there are no net proceeds or the net proceeds are insufficient to repay the HOME investment due, the City can only recapture the net proceeds, if any. The net proceeds are the sales price minus the superior loan repayment and closing costs. This language is included in the loan documents. Such funds will be placed in the City’s HOME Investment Trust fund. These funds will be used by the City for other eligible HOME activities. 1. If grantee (PJ) plans to use HOME funds to refinance existing debt secured by multifamily housing that is being rehabilitated with HOME funds, state its refinancing guidelines required under 24 CFR 92.206(b). The City does not use HOME funds for refinancing of existing debt. 2. Resale Provisions -- For homeownership activities, describe its resale or recapture guidelines that ensure the affordability of units acquired with HOME funds. See 24 CFR 92.254(a)(4). Please see number 1. 3. HOME Tenant Based Rental Assistance -- Describe the local market conditions that led to the use of HOME funds for a tenant- based rental assistance program. If the tenant based rental assistance program is targeted to or provides a preference for a special needs group, that group must be identified in the Consolidated Plan as having an unmet need and show the preference is needed to narrow the gap in benefits and services received by this population. The City does not use HOME funds for Tenant-Based Rental Assistance. 4. If a participating jurisdiction intends to use forms of investment other than those described in 24 CFR 92.205(b), describe these forms of investment. The City will use funding from the State Housing Initiatives Program and/or the Pinellas County Housing Trust Fund for the matching requirements under the HOME program . 5. Describe the policy and procedures it will follow to affirmatively market housing containing five or more HOME-assisted Attachment number 1 \nPage 35 of 37 Item # 4 City of Clearwater, Florida 2013-2014 Action Plan units. Affirmative Marketing Efforts. The Borrower will follow the affirmative marketing procedures and requirements for the HOME Program to attract eligible tenants in the housing market area to the available housing without regard to race, color, national origin, sex, religion, familial status or disability. 6. Describe actions taken to establish and oversee a minority outreach program within its jurisdiction to ensure inclusion, to the maximum extent possible, of minority and women, and entities owned by minorities and women, including without limitation, real estate firms, construction firms, appraisal firms, management firms, financial institutions, investment banking firms, underwriters, accountants, and providers of legal services, in all contracts, entered into by the participating jurisdiction with such persons or entities, public and private, in order to facilitate the activities of the participating jurisdiction to provide affordable housing under the HOME program or any other Federal housing law applicable to such jurisdiction. The City will use the methods described in Section 3 Programs to encourage participation in the HOME Program. 7. If a jurisdiction intends to use HOME funds to refinance existing debt secured by multifamily housing that is rehabilitated with HOME funds, state its financing guidelines required under 24 CFR 92.206(b). The City will not use HOME funds to refinance the existing debt for multi-family projects. HOPWA 91.220(l)(3) 1. One year goals for the number of households to be provided housing through the use of HOPWA activities for: short-term rent, mortgage, and utility assistance to prevent homelessness of the individual or family, tenant-based rental assistance, units provided in housing facilities that are being developed, leased, or operated. The City does not receive any HOPWA funds. Other Narratives and Attachments Include any action plan information that was not covered by a narrative in any other section. If optional tables are not used, provide comparable information that is required by consolidated plan regulations. Attachment number 1 \nPage 36 of 37 Item # 4 City of Clearwater, Florida 2013-2014 Action Plan Appendix Attachment number 1 \nPage 37 of 37 Item # 4 FY 2013-14 CONSOLIDATED ACTION PLAN - RECOMMENDED ALLOCATIONSRevised 5-13-13TRCAMOUNT AMOUNT AMOUNT AMOUNT AMOUNT AMOUNT AMOUNT AVERAGEREQUESTED PROPOSED PROPOSED PROPOSED PROPOSED PROPOSED RECOMMENDEDPOINTSTOTALCDBGHOMESHIPPCHTFNSP3TOTALPublic Facilities and ImprovementsReligious Community Services, Inc. - The Havens300,000.00$ 300,000.00$ 300,000.00$ 37.666667Kimberly Home - Home Office and Training Center114,000.00$ 114,000.00$ 114,000.00$ 29.666667Subtotal414,000.00$ 414,000.00$ 414,000.00$ Public ServicesMartin Luther King, Jr. Neighborhood Family Center30,000.00$ 15,000.00$ 15,000.00$ 41.666667Pinellas Opportunity Council - Chore Services30,000.00$ 12,000.00$ 12,000.00$ 34.666667Homeless Emergency Project - Emergency Shelter30,000.00$ 18,000.00$ 18,000.00$ 51Westcare of Florida30,000.00$ 12,000.00$ 12,000.00$ 29.666667Personal Enrichment Through Mental Health Services - Emerg. Treatment Ctr 7,000.00$ 2,800.00$ 2,800.00$ 30.333333Religious Community Services - Grace House- Services for families 30,000.00$ 12,000.00$ 12,000.00$ 39Safety Harbor Neighborhood Family Center, Inc.29,945.00$ 11,978.00$ 11,978.00$ 36.333333Intercultural Advocacy Institure30,000.00$ 12,000.00$ 12,000.00$ 33.333333Uno Federation Community Services - Housing Services of Central Florida 26,650.00$ 4,842.00$ 4,842.00$ 29.333333-$ Fair Housing -$ Gulf Coast Legal Services 30,000.00$ 18,000.00$ 18,000.00$ 45Community Service Foundation20,000.00$ 10,000.00$ 10,000.00$ 43.333333(AMOUNT AVAILABLE = $95620 @ 14% of CDBG Allocation plus $33,000)Subtotal293,595.00$ 128,620.00$ 128,620.00$ AdministrationCity of Clearwater Administration - CDBG151,297.20$ 151,297.20$ City of Clearwater Administration - HOME29,009.00$ 29,009.00$ NSP3, HOME, SHIP Program Income - Administration9,000.00$ 15,000.00$ 15,539.00$ $45,000 84,539.00$ Subtotal-$ 151,297.20$ 38,009.00$ 15,000.00$ 15,539.00$ $45,000264,845.20$ Economic DevelopmentCity of Clearwater - ED Program Delivery10,000.00$ 10,000.00$ Subtotal-$ 10,000.00$ 10,000.00$ Acquisition/Infill HousingAcquisition of Real Property (City Project)-$ City of Clearwater Infill Housing Program Delivery10,000.00$ 10,000.00$ Subtotal-$ 10,000.00$ 10,000.00$ RehabilitationCity of Clearwater & Housing Pool - RehabilitationCity of Clearwater Rehabilitation - Program Delivery110,000.00$ 110,000.00$ Subtotal-$ 110,000.00$ 110,000.00$ Attachment number 2 \nPage 1 of 6 Item # 4 FY 2013-14 CONSOLIDATED ACTION PLAN - RECOMMENDED ALLOCATIONSRevised 5-13-13TRCAMOUNT AMOUNT AMOUNT AMOUNT AMOUNT AMOUNT AMOUNT AVERAGEREQUESTED PROPOSED PROPOSED PROPOSED PROPOSED PROPOSED RECOMMENDEDPOINTSTOTALCDBGHOMESHIPPCHTFNSP3TOTALRelocationCity of Clearwater Relocation Program-$ Subtotal-$ -$ DemolitionCity of Clearwater Demolition Program-$ Subtotal-$ -$ HOUSINGEducation PoolTotal Allocation to Education PoolTampa Bay CDC - Homeownership Counseling Prog./Pre & Post PurchaseTampa Bay CDC - Homeownership Counseling Prog./Pre & Post PurchaseSubtotal-$ -$ Housing Pool Activities - Housing Development432,568.80$ 217,568.35$ 650,137.15$ Housing Pool - SF - DPA, Infill, Rehabilitation-$ - Tampa Bay Community Development Corporation - Tampa Bay Community Development Corporation- Largo Area Housing Development Corporation- Largo Area Housing Development CorporationHomes for Independence- Pinellas Habitat for HumanityPinellas County Habitat for Humanity CHDOSubtotal-$ 432,568.80$ 217,568.35$ 650,137.15$ Subtotal-$ -$ HOME Program - CHDO Set-Aside (15% of Allocation)43,513.65$ 43,513.65$ TOTALS1,256,486.00$ 299,091.00$ 15,000.00$ 15,539.00$ 45,000.00$ 1,631,116.00$ EntitlmentAmt. Available 756,486.00$ 290,091.00$ 1,046,577.00$ Progrram IncomeAmt. Available9,000.00$ 15,000.00$ 15,539.00$ 45,000.00$ 84,539.00$ Reprogramed Prior Year Funding Amt. Available 500,000.00$ 500,000.00$ TOTAL FUNDINGAmt. Available 1,256,486.00$ 299,091.00$ 15,000.00$ 15,539.00$ 45,000.00$ 1,631,116.00$ REVENUESCDBG - GrantCDBG - Est. Program IncomeHOME - GrantHOME - Est. Program IncomeSHIP - GrantSHIP - Est. Program IncomeAttachment number 2 \nPage 2 of 6 Item # 4 FY 2013-14 CONSOLIDATED ACTION PLAN - RECOMMENDED ALLOCATIONSRevised 5-13-13TRCAMOUNT AMOUNT AMOUNT AMOUNT AMOUNT AMOUNT AMOUNT AVERAGEREQUESTED PROPOSED PROPOSED PROPOSED PROPOSED PROPOSED RECOMMENDEDPOINTSTOTALCDBGHOMESHIPPCHTFNSP3TOTALEstimated Housing Division AdministrationCDBG AdminHOME AdminCDBG Program DeliverySHIP AdminPCHTF AdminNSP2 AdminNSP3 AdminTotal AdminTotal BudgetBudget ShortageAttachment number 2 \nPage 3 of 6 Item # 4 FY 2013-14 CONSOLIDATED ACTION PLAN - RECOMMENDED ALLOCATIONSRevised 5-13-13Public Facilities and ImprovementsReligious Community Services, Inc. - The HavensKimberly Home - Home Office and Training CenterSubtotalPublic ServicesMartin Luther King, Jr. Neighborhood Family CenterPinellas Opportunity Council - Chore ServicesHomeless Emergency Project - Emergency ShelterWestcare of FloridaPersonal Enrichment Through Mental Health Services - Emerg. Treatment CtrReligious Community Services - Grace House- Services for familiesSafety Harbor Neighborhood Family Center, Inc.Intercultural Advocacy InstitureUno Federation Community Services - Housing Services of Central FloridaFair Housing Gulf Coast Legal Services Community Service Foundation(AMOUNT AVAILABLE = $95620 @ 14% of CDBG Allocation plus $33,000)SubtotalAdministrationCity of Clearwater Administration - CDBGCity of Clearwater Administration - HOMENSP3, HOME, SHIP Program Income - AdministrationSubtotalEconomic DevelopmentCity of Clearwater - ED Program DeliverySubtotalAcquisition/Infill HousingAcquisition of Real Property (City Project)City of Clearwater Infill Housing Program DeliverySubtotalRehabilitationCity of Clearwater & Housing Pool - RehabilitationCity of Clearwater Rehabilitation - Program DeliverySubtotalAttachment number 2 \nPage 4 of 6 Item # 4 FY 2013-14 CONSOLIDATED ACTION PLAN - RECOMMENDED ALLOCATIONSRevised 5-13-13RelocationCity of Clearwater Relocation ProgramSubtotalDemolitionCity of Clearwater Demolition ProgramSubtotalHOUSINGEducation PoolTotal Allocation to Education PoolTampa Bay CDC - Homeownership Counseling Prog./Pre & Post PurchaseTampa Bay CDC - Homeownership Counseling Prog./Pre & Post PurchaseSubtotalHousing Pool Activities - Housing DevelopmentHousing Pool - SF - DPA, Infill, Rehabilitation- Tampa Bay Community Development Corporation - Tampa Bay Community Development Corporation- Largo Area Housing Development Corporation- Largo Area Housing Development CorporationHomes for Independence- Pinellas Habitat for HumanityPinellas County Habitat for Humanity CHDOSubtotalSubtotalHOME Program - CHDO Set-Aside (15% of Allocation)TOTALSEntitlmentProgrram IncomeReprogramed Prior Year Funding TOTAL FUNDINGREVENUESCDBG - GrantCDBG - Est. Program IncomeHOME - GrantHOME - Est. Program IncomeSHIP - GrantSHIP - Est. Program IncomeAttachment number 2 \nPage 5 of 6 Item # 4 FY 2013-14 CONSOLIDATED ACTION PLAN - RECOMMENDED ALLOCATIONSRevised 5-13-13Estimated Housing Division AdministrationCDBG AdminHOME AdminCDBG Program DeliverySHIP AdminPCHTF AdminNSP2 AdminNSP3 AdminTotal AdminTotal BudgetBudget ShortageAttachment number 2 \nPage 6 of 6 Item # 4 Economic Development & Economic Development & & Housing Department FY 2013-2014 Consolidated Action Plan& Housing Department FY 2013-2014 Consolidated Action PlanAttachment number 3 \nPage 1 of 21 Item # 4 HUD’S COMMUNITY HUD’S COMMUNITY DEVELOPMENT GOALSDEVELOPMENT GOALSHUD’S COMMUNITY HUD’S COMMUNITY DEVELOPMENT GOALSDEVELOPMENT GOALSDevelop Viable Urban CommunitiesDevelop Viable Urban CommunitiesProvide decent housingProvide decent housingDevelop Viable Urban CommunitiesDevelop Viable Urban CommunitiesProvide decent housingProvide decent housingProvide decent housingProvide decent housingProvide a suitable living environmentProvide a suitable living environmentExpand economic opportunitiesExpand economic opportunitiesFor very low to moderateFor very low to moderate--income income householdshouseholdsProvide decent housingProvide decent housingProvide a suitable living environmentProvide a suitable living environmentExpand economic opportunitiesExpand economic opportunitiesFor very low to moderateFor very low to moderate--income income householdshouseholdsAttachment number 3 \nPage 2 of 21 Item # 4 HUD’S COMMUNITY HUD’S COMMUNITY DEVELOPMENT GOALSDEVELOPMENT GOALSHUD’S COMMUNITY HUD’S COMMUNITY DEVELOPMENT GOALSDEVELOPMENT GOALSExtend, Strengthen PartnershipsExtend, Strengthen PartnershipsGovernmentGovernmentExtend, Strengthen PartnershipsExtend, Strengthen PartnershipsGovernmentGovernmentGovernmentGovernmentPrivate sector (including forPrivate sector (including for--profit / profit / nonnon--profit organizations)profit organizations)In the production and operation In the production and operation of affordable housingof affordable housingGovernmentGovernmentPrivate sector (including forPrivate sector (including for--profit / profit / nonnon--profit organizations)profit organizations)In the production and operation In the production and operation of affordable housingof affordable housingAttachment number 3 \nPage 3 of 21 Item # 4 ALLOCATIONSALLOCATIONSFY 2013FY 2013--20142014ALLOCATIONSALLOCATIONSFY 2013FY 2013--20142014CDBGCDBG $ 756,486$ 756,486HOME HOME $ 290,091$ 290,091CDBGCDBG $ 756,486$ 756,486HOME HOME $ 290,091$ 290,091HOME HOME $ 290,091$ 290,091OtherOther $ 584,539$ 584,539TOTAL FUNDSTOTAL FUNDS $ 1,631,116$ 1,631,116Clearwater is an Entitlement CityClearwater is an Entitlement CityHOME HOME $ 290,091$ 290,091OtherOther $ 584,539$ 584,539TOTAL FUNDSTOTAL FUNDS $ 1,631,116$ 1,631,116Clearwater is an Entitlement CityClearwater is an Entitlement CityAttachment number 3 \nPage 4 of 21 Item # 4 COMMUNITY COMMUNITY DEVELOPMENT BLOCK DEVELOPMENT BLOCK GRANT PROGRAMGRANT PROGRAMCOMMUNITY COMMUNITY DEVELOPMENT BLOCK DEVELOPMENT BLOCK GRANT PROGRAMGRANT PROGRAMPrograms/Activities to Meet Programs/Activities to Meet National Objectives Benefiting National Objectives Benefiting Programs/Activities to Meet Programs/Activities to Meet National Objectives Benefiting National Objectives Benefiting National Objectives Benefiting National Objectives Benefiting Low to ModerateLow to Moderate--Income Income FamiliesFamilies80% AMI or below80% AMI or below––Clearwater family of 4 is $45,450 Clearwater family of 4 is $45,450 National Objectives Benefiting National Objectives Benefiting Low to ModerateLow to Moderate--Income Income FamiliesFamilies80% AMI or below80% AMI or below––Clearwater family of 4 is $45,450 Clearwater family of 4 is $45,450 Attachment number 3 \nPage 5 of 21 Item # 4 COMMUNITY COMMUNITY DEVELOPMENT BLOCK DEVELOPMENT BLOCK GRANT PROGRAMGRANT PROGRAMCOMMUNITY COMMUNITY DEVELOPMENT BLOCK DEVELOPMENT BLOCK GRANT PROGRAMGRANT PROGRAMReal property acquisitionReal property acquisitionRehabilitationRehabilitationReal property acquisitionReal property acquisitionRehabilitationRehabilitationRehabilitationRehabilitationConstruction of public facilities Construction of public facilities and improvementsand improvementsPublic services Public services RehabilitationRehabilitationConstruction of public facilities Construction of public facilities and improvementsand improvementsPublic services Public services Attachment number 3 \nPage 6 of 21 Item # 4 HOME INVESTMENT HOME INVESTMENT PARTNERSHIP PROGRAMPARTNERSHIP PROGRAMHOME INVESTMENT HOME INVESTMENT PARTNERSHIP PROGRAMPARTNERSHIP PROGRAMReal property acquisitionReal property acquisitionDown payment/closing cost Down payment/closing cost assistanceassistanceReal property acquisitionReal property acquisitionDown payment/closing cost Down payment/closing cost assistanceassistanceassistanceassistanceNew constructionNew constructionRehabilitationRehabilitationassistanceassistanceNew constructionNew constructionRehabilitationRehabilitationAttachment number 3 \nPage 7 of 21 Item # 4 FY 2013FY 2013--2014 ACTION 2014 ACTION PLAN PROCESSPLAN PROCESSFY 2013FY 2013--2014 ACTION 2014 ACTION PLAN PROCESSPLAN PROCESSMarch March –– advertised fundsadvertised fundsApril April –– received 19 applicationsreceived 19 applicationsApril / May April / May ––reviewed/ranked reviewed/ranked March March –– advertised fundsadvertised fundsApril April –– received 19 applicationsreceived 19 applicationsApril / May April / May ––reviewed/ranked reviewed/ranked April / May April / May ––reviewed/ranked reviewed/ranked applicationsapplicationsJune June –– Action Plan advertised Action Plan advertised for public commentfor public commentApril / May April / May ––reviewed/ranked reviewed/ranked applicationsapplicationsJune June –– Action Plan advertised Action Plan advertised for public commentfor public commentAttachment number 3 \nPage 8 of 21 Item # 4 FY 2013FY 2013--2014 ACTION 2014 ACTION PLAN PROCESSPLAN PROCESSFY 2013FY 2013--2014 ACTION 2014 ACTION PLAN PROCESSPLAN PROCESSJune June –– NAHAB approvalNAHAB approvalJuly July –– present to City Councilpresent to City CouncilAugust 15 August 15 ––deadline to HUDdeadline to HUDJune June –– NAHAB approvalNAHAB approvalJuly July –– present to City Councilpresent to City CouncilAugust 15 August 15 ––deadline to HUDdeadline to HUDAugust 15 August 15 ––deadline to HUDdeadline to HUDAugust / September August / September ––prepare/execute agreementsprepare/execute agreementsOctober 1 October 1 –– fiscal year beginsfiscal year beginsAugust 15 August 15 ––deadline to HUDdeadline to HUDAugust / September August / September ––prepare/execute agreementsprepare/execute agreementsOctober 1 October 1 –– fiscal year beginsfiscal year beginsAttachment number 3 \nPage 9 of 21 Item # 4 PROGRAMS FUNDEDPROGRAMS FUNDEDPROGRAMS FUNDEDPROGRAMS FUNDEDPublic ServicesPublic Services $ 128,620$ 128,620Public Facilities / Public Facilities / Improvements Improvements $ 414,000$ 414,000Housing PoolHousing Pool$ 650,137$ 650,137Public ServicesPublic Services $ 128,620$ 128,620Public Facilities / Public Facilities / Improvements Improvements $ 414,000$ 414,000Housing PoolHousing Pool$ 650,137$ 650,137Housing PoolHousing Pool$ 650,137$ 650,137HOME CHDOHOME CHDO $ 43,514$ 43,514Admin / Admin / $ 394,845$ 394,845Program DeliveryProgram DeliveryTOTALTOTAL $1,631,116$1,631,116Housing PoolHousing Pool$ 650,137$ 650,137HOME CHDOHOME CHDO $ 43,514$ 43,514Admin / Admin / $ 394,845$ 394,845Program DeliveryProgram DeliveryTOTALTOTAL $1,631,116$1,631,116Attachment number 3 \nPage 10 of 21 Item # 4 AGENCIES FUNDEDAGENCIES FUNDEDAGENCIES FUNDEDAGENCIES FUNDEDTotal of 19 applications Total of 19 applications received from 17 organizationsreceived from 17 organizationsTotal of 17 organizations will Total of 17 organizations will Total of 19 applications Total of 19 applications received from 17 organizationsreceived from 17 organizationsTotal of 17 organizations will Total of 17 organizations will Total of 17 organizations will Total of 17 organizations will be participating be participating Total of 17 organizations will Total of 17 organizations will be participating be participating Attachment number 3 \nPage 11 of 21 Item # 4 PUBLIC SERVICESPUBLIC SERVICESPUBLIC SERVICESPUBLIC SERVICES$30K maximum allocation$30K maximum allocationTop 2 applications receive 60% Top 2 applications receive 60% Next 2 applications 50%Next 2 applications 50%$30K maximum allocation$30K maximum allocationTop 2 applications receive 60% Top 2 applications receive 60% Next 2 applications 50%Next 2 applications 50%Next 2 applications 50%Next 2 applications 50%Remaining receive 40% until funds Remaining receive 40% until funds are exhausted are exhausted 11 of 11 Public Service 11 of 11 Public Service organizations recommendedorganizations recommendedNext 2 applications 50%Next 2 applications 50%Remaining receive 40% until funds Remaining receive 40% until funds are exhausted are exhausted 11 of 11 Public Service 11 of 11 Public Service organizations recommendedorganizations recommendedAttachment number 3 \nPage 12 of 21 Item # 4 PUBLIC SERVICESPUBLIC SERVICESPUBLIC SERVICESPUBLIC SERVICESMLK Neighborhood Family CenterMLK Neighborhood Family CenterPOC POC –– Chore ServicesChore ServicesHEPHEPWest Care of FLWest Care of FLMLK Neighborhood Family CenterMLK Neighborhood Family CenterPOC POC –– Chore ServicesChore ServicesHEPHEPWest Care of FLWest Care of FLWest Care of FLWest Care of FLPEMHSPEMHSSafety Harbor Family CenterSafety Harbor Family CenterICAIICAIGulf Coast LegalGulf Coast LegalCommunity Service FoundationCommunity Service FoundationUno FederationUno FederationWest Care of FLWest Care of FLPEMHSPEMHSSafety Harbor Family CenterSafety Harbor Family CenterICAIICAIGulf Coast LegalGulf Coast LegalCommunity Service FoundationCommunity Service FoundationUno FederationUno FederationAttachment number 3 \nPage 13 of 21 Item # 4 RCS RCS -- GRACE HOUSEGRACE HOUSERCS RCS -- GRACE HOUSEGRACE HOUSEAttachment number 3 \nPage 14 of 21 Item # 4 PUBLIC FACILITIESPUBLIC FACILITIESPUBLIC FACILITIESPUBLIC FACILITIESRCSRCS--The HavenThe Haven––Demolition and construction of office Demolition and construction of office facilityfacilityRCSRCS--The HavenThe Haven––Demolition and construction of office Demolition and construction of office facilityfacilityfacilityfacilityKimberly HomeKimberly Home––Office/training centerOffice/training centerfacilityfacilityKimberly HomeKimberly Home––Office/training centerOffice/training centerAttachment number 3 \nPage 15 of 21 Item # 4 RCS RCS –– THE HAVENTHE HAVENRCS RCS –– THE HAVENTHE HAVENAttachment number 3 \nPage 16 of 21 Item # 4 HOUSING POOLHOUSING POOLHOUSING POOLHOUSING POOLFocus of ActivitiesFocus of Activities––DownpaymentDownpayment AssistanceAssistance––Rehabilitation Rehabilitation ––AcquisitionAcquisitionFocus of ActivitiesFocus of Activities––DownpaymentDownpayment AssistanceAssistance––Rehabilitation Rehabilitation ––AcquisitionAcquisition––AcquisitionAcquisitionOrganizations participate on a Organizations participate on a firstfirst--come, firstcome, first--serve, firstserve, first--eligible basis eligible basis ––Habitat, Habitat CHDO, Tampa Bay Habitat, Habitat CHDO, Tampa Bay CDC, Kimberly Home, Homes for CDC, Kimberly Home, Homes for Independence, Largo Area HDCIndependence, Largo Area HDC––AcquisitionAcquisitionOrganizations participate on a Organizations participate on a firstfirst--come, firstcome, first--serve, firstserve, first--eligible basis eligible basis ––Habitat, Habitat CHDO, Tampa Bay Habitat, Habitat CHDO, Tampa Bay CDC, Kimberly Home, Homes for CDC, Kimberly Home, Homes for Independence, Largo Area HDCIndependence, Largo Area HDCAttachment number 3 \nPage 17 of 21 Item # 4 STEVENS CREEKSTEVENS CREEKSTEVENS CREEKSTEVENS CREEKAttachment number 3 \nPage 18 of 21 Item # 4 BENEFITS TO CITYBENEFITS TO CITYBENEFITS TO CITYBENEFITS TO CITYPublic/social services providedPublic/social services providedPreservation of housing stockPreservation of housing stockConstruction of new housingConstruction of new housingPublic/social services providedPublic/social services providedPreservation of housing stockPreservation of housing stockConstruction of new housingConstruction of new housingConstruction of new housingConstruction of new housingNew homeownersNew homeownersRevitalization of Revitalization of neighborhoodsneighborhoodsConstruction of new housingConstruction of new housingNew homeownersNew homeownersRevitalization of Revitalization of neighborhoodsneighborhoodsAttachment number 3 \nPage 19 of 21 Item # 4 BENEFITS TO CITYBENEFITS TO CITYBENEFITS TO CITYBENEFITS TO CITYPrivate dollars leveragedPrivate dollars leveragedCreation and preservation of Creation and preservation of public facilitiespublic facilitiesPrivate dollars leveragedPrivate dollars leveragedCreation and preservation of Creation and preservation of public facilitiespublic facilitiespublic facilitiespublic facilitiesProvide workforce housingProvide workforce housingpublic facilitiespublic facilitiesProvide workforce housingProvide workforce housingAttachment number 3 \nPage 20 of 21 Item # 4 Economic Development & Economic Development & & Housing Department FY 2013-2014 Consolidated Action Plan& Housing Department FY 2013-2014 Consolidated Action PlanAttachment number 3 \nPage 21 of 21 Item # 4 City Council Agenda Council Chambers - City Hall Meeting Date:7/18/2013 SUBJECT / RECOMMENDATION: Approve the Annexation, Initial Land Use Plan Designations of Residential Suburban (RS) and Water/Drainage Feature and Initial Zoning Atlas Designation of Low Density Residential (LDR) District for 3030 Union Street (consisting of a portion of the West 1/2 of the Southwest 1/4 of the Southwest 1/4 of Section 33, Township 28 South, Range 16 East); and pass Ordinances 8424-13, 8425-13 and 8426-13 on first reading. (ANX2013-04008) SUMMARY: This voluntary annexation petition involves a 17.50-acre property consisting of one parcel of land and a portion of a second parcel occupied by a single-family dwelling and a barn for boarding horses. It is located on the north side of Union Street, approximately 640 feet west of McMullen Booth Road. The applicant is requesting this annexation in order to receive water, sanitary sewer and solid waste service from the City, and has submitted plans to redevelop the site as a 43-lot residential subdivision. The property is contiguous to existing city boundaries to the west. It is proposed that the property be assigned Future Land Use Plan designations of Residential Suburban (RS) and Water/Drainage Feature and a zoning category of Low Density Residential (LDR). A second Petition for Annexation is being processed concurrently with this application for a 1.79-acre portion of the overall redevelopment site (ANX2013-05011). The Planning and Development Department determined that the proposed annexation is consistent with the provisions of Community Development Code Section 4-604.E as follows: The property does not currently receive any services from the City. Connection to the City’s sanitary sewer is available at the southwest corner of the project, and the developer would be responsible for providing sewer connections to each new house and for connecting the overall development to the City’s sanitary sewer system. The applicant will pay the City's sewer impact fee at the time of construction and is aware of the additional costs to extend City sewer service to this property. Coordination with the City’s Public Utilities Department is necessary at the time of development in order to connect to the City’s Potable Water system. Collection of solid waste will be provided by the City of Clearwater. The property is located within Police District III and service will be administered through the district headquarters located at 2851 N. McMullen Booth Road. Fire and emergency medical services will be provided to this property by Station 49 located at 565 Sky Harbor Drive. The City has adequate capacity to serve this property with water, sanitary sewer, solid waste, police, fire and EMS service. The proposed annexation will not have an adverse effect on public facilities and their levels of service; and The proposed annexation is consistent with and promotes the following objective of the Clearwater Comprehensive Plan: Objective A.6.4 Due to the built-out character of the City of Clearwater, compact urban development within the urban service area shall be promoted through application of the Clearwater Community Development Code. Objective A.7.2 Diversify and expand the City’s tax base through the annexation of a variety of land uses located within the Clearwater Planning Area. Cover Memo Item # 5 Policy A.7.2.3 Continue to process voluntary annexations for single-family residential properties upon request. The proposed Residential Suburban (RS) and Water/Drainage Feature Future Land Use Plan categories are consistent with the current Countywide Plan designation of this property. The RS designation primarily permits residential uses at a density of 2.5 units per acre, while the Water/Drainage Feature designation is used to indicate water bodies and/or drainage features on parcels. The proposed zoning district to be assigned to the property is the Low Density Residential (LDR) District. The current and proposed single- family residential use of the subject property is consistent with the uses allowed in the District and the property exceeds the District’s minimum dimensional requirements. The existing use of a portion of the property for the boarding of horses is not explicitly allowed by the City’s Community Development Code; however, the property is currently under contract for sale, and it is anticipated that upon approval of the proposed development, the sale will be complete and the existing owners will vacate the property. In the interim, this would be a legally nonconforming use within the City. The proposed annexation is therefore consistent with the Countywide Plan and the City’s Comprehensive Plan and Community Development Code; and The property proposed for annexation is contiguous to existing city boundaries to the west; therefore, the annexation is consistent with Florida Statutes Chapter 171.044. Review Approval: Cover Memo Item # 5 Ordinance No. 8424 -13 ORDINANCE NO. 8424-13 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTY LOCATED ON THE NORTH SIDE OF UNION STREET APPROXIMATELY 640 FEET WEST OF MCMULLEN BOOTH DRIVE, CONSISTING OF A PORTION OF THE WEST ½ OF THE SOUTHWEST ¼ OF THE SOUTHWEST ¼ OF SECTION 33, TOWNSHIP 28 SOUTH, RANGE 16 EAST, WHOSE POST OFFICE ADDRESS IS 3030 UNION STREET, INTO THE CORPORATE LIMITS OF THE CITY, AND REDEFINING THE BOUNDARY LINES OF THE CITY TO INCLUDE SAID ADDITION; PROVIDING AN EFFECTIVE DATE. WHEREAS, the owner of the real property described herein and depicted on the map attached hereto as Exhibit B has petitioned the City of Clearwater to annex the property into the City pursuant to Section 171.044, Florida Statutes, and the City has complied with all applicable requirements of Florida law in connection with this ordinance; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following-described property is hereby annexed into the City of Clearwater and the boundary lines of the City are redefined accordingly: See Attached Exhibit A (ANX2013-04008) The map attached as Exhibit B is hereby incorporated by reference. Section 2. The provisions of this ordinance are found and determined to be consistent with the City of Clearwater Comprehensive Plan. The City Council hereby accepts the dedication of all easements, parks, rights-of-way and other dedications to the public, which have heretofore been made by plat, deed or user within the annexed property. The City Engineer, the City Clerk and the Planning and Development Director are directed to include and show the property described herein upon the official maps and records of the City. Section 3. This ordinance shall take effect immediately upon adoption. The City Clerk shall file certified copies of this ordinance, including the map attached hereto, with the Clerk of the Circuit Court and with the County Administrator of Pinellas County, Florida, within 7 days after adoption, and shall file a certified copy with the Florida Department of State within 30 days after adoption. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Attachment number 1 \nPage 1 of 4 Item # 5 Ordinance No. 8424 -13 ________________________________ George N. Cretekos Mayor Approved as to form: Attest: ___________________________ _____________________________ Leslie K. Dougall-Sides Rosemarie Call Assistant City Attorney City Clerk Attachment number 1 \nPage 2 of 4 Item # 5 EXHIBIT A LEGAL DESCRIPTION A PORTION OF THE WEST ½ OF THE SOUTHWEST ¼ OF THE SOUTHWEST ¼ OF SECTION 33, TOWNSHIP 28 SOUTH, RANGE 16 EAST, PINELLAS COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHWEST CORNER OF THE SOUTHWEST ¼ OF THE SOUTHWEST ¼ OF SAID SECTION 33; THENCE ALONG THE WEST BOUNDARY LINE OF SAID SOUTHWEST ¼, NORTH 00°19’40” WEST, A DISTANCE OF 33.00 FEET TO A POINT ON THE NORTH RIGHT-OF-WAY LINE OF UNION STREET AS IT NOW EXISTS FOR A POINT OF BEGINNING; THENCE CONTINUE ALONG SAID WEST BOUNDARY LINE, NORTH 00°19’40” WEST, A DISTANCE OF 1,142.45 FEET; THENCE NORTH 89°56’26” EAST, A DISTANCE OF 667.27 TO THE EAST BOUNDARY LINE OF THE WEST ½ OF THE SOUTHWEST ¼ OF THE SOUTHWEST ¼ OF SAID SECTION 33; THENCE ALONG SAID EAST BOUNDARY LINE, SOUTH 00°17’48” EAST, A DISTANCE OF 1,143.88 FEET TO SAID NORTH RIGHT-OF-WAY LINE; THENCE ALONG SAID NORTH RIGHT-OF-WAY LINE, SOUTH 89°56’09” WEST, A DISTANCE OF 666.66 FEET TO THE POINT OF BEGINNING. THE ABOVE DESCRIBED PARCEL CONTAINS 17.50 ACRES MORE OR LESS. (CLOSES 0.006’ J.M.M.) Attachment number 1 \nPage 3 of 4 Item # 5 Attachment number 1 \nPage 4 of 4 Item # 5 Ordinance No. 8425-13 ORDINANCE NO. 8425-13 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE FUTURE LAND USE PLAN ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY, TO DESIGNATE THE LAND USE FOR CERTAIN REAL PROPERTY LOCATED ON THE NORTH SIDE OF UNION STREET APPROXIMATELY 640 FEET WEST OF MCMULLEN BOOTH DRIVE, CONSISTING OF A PORTION OF THE WEST ½ OF THE SOUTHWEST ¼ OF THE SOUTHWEST ¼ OF SECTION 33, TOWNSHIP 28 SOUTH, RANGE 16 EAST, WHOSE POST OFFICE ADDRESS IS 3030 UNION STREET, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS RESIDENTIAL SUBURBAN (RS) AND WATER/ DRAINAGE FEATURE; PROVIDING AN EFFECTIVE DATE. WHEREAS, the amendment to the future land use plan element of the comprehensive plan of the City as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's comprehensive plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The future land use plan element of the comprehensive plan of the City of Clearwater is amended by designating the land use category for the hereinafter described property, upon annexation into the City of Clearwater, as follows: Property Land Use Category See attached Exhibit A Residential Suburban (RS) and Water/Drainage (ANX2013-04008) Feature The map attached as Exhibit B is hereby incorporated by reference. Section 2. The City Council does hereby certify that this ordinance is consistent with the City’s comprehensive plan. Section 3. This ordinance shall take effect immediately upon adoption, contingent upon and subject to the adoption of Ordinance No. 8424-13. PASSED ON FIRST READING _____________________ PASSED ON SECOND AND FINAL _____________________ READING AND ADOPTED __________________________ George N. Cretekos Mayor Approved as to form: Attest: __________________________ __________________________ Leslie K. Dougall-Sides Rosemarie Call Assistant City Attorney City Clerk Attachment number 2 \nPage 1 of 3 Item # 5 EXHIBIT A LEGAL DESCRIPTION A PORTION OF THE WEST ½ OF THE SOUTHWEST ¼ OF THE SOUTHWEST ¼ OF SECTION 33, TOWNSHIP 28 SOUTH, RANGE 16 EAST, PINELLAS COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHWEST CORNER OF THE SOUTHWEST ¼ OF THE SOUTHWEST ¼ OF SAID SECTION 33; THENCE ALONG THE WEST BOUNDARY LINE OF SAID SOUTHWEST ¼, NORTH 00°19’40” WEST, A DISTANCE OF 33.00 FEET TO A POINT ON THE NORTH RIGHT-OF-WAY LINE OF UNION STREET AS IT NOW EXISTS FOR A POINT OF BEGINNING; THENCE CONTINUE ALONG SAID WEST BOUNDARY LINE, NORTH 00°19’40” WEST, A DISTANCE OF 1,142.45 FEET; THENCE NORTH 89°56’26” EAST, A DISTANCE OF 667.27 TO THE EAST BOUNDARY LINE OF THE WEST ½ OF THE SOUTHWEST ¼ OF THE SOUTHWEST ¼ OF SAID SECTION 33; THENCE ALONG SAID EAST BOUNDARY LINE, SOUTH 00°17’48” EAST, A DISTANCE OF 1,143.88 FEET TO SAID NORTH RIGHT-OF-WAY LINE; THENCE ALONG SAID NORTH RIGHT-OF-WAY LINE, SOUTH 89°56’09” WEST, A DISTANCE OF 666.66 FEET TO THE POINT OF BEGINNING. THE ABOVE DESCRIBED PARCEL CONTAINS 17.50 ACRES MORE OR LESS. (CLOSES 0.006’ J.M.M.) Attachment number 2 \nPage 2 of 3 Item # 5 Attachment number 2 \nPage 3 of 3 Item # 5 Ordinance No. 8426-13 ORDINANCE NO. 8426-13 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY ZONING CERTAIN REAL PROPERTY LOCATED ON THE NORTH SIDE OF UNION STREET APPROXIMATELY 640 FEET WEST OF MCMULLEN BOOTH DRIVE, CONSISTING OF A PORTION OF THE WEST ½ OF THE SOUTHWEST ¼ OF THE SOUTHWEST ¼ OF SECTION 33, TOWNSHIP 28 SOUTH, RANGE 16 EAST, WHOSE POST OFFICE ADDRESS IS 3030 UNION STREET, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS LOW DENSITY RESIDENTIAL (LDR); PROVIDING AN EFFECTIVE DATE. WHEREAS, the assignment of a zoning district classification as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's comprehensive plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following described property located in Pinellas County, Florida, is hereby zoned as indicated upon annexation into the City of Clearwater, and the zoning atlas of the City is amended, as follows: Property Zoning District See Exhibit A for legal description Low Density Residential (LDR) (ANX2013-04008) The map attached as Exhibit B is hereby incorporated by reference. Section 2. The City Engineer is directed to revise the zoning atlas of the City in accordance with the foregoing amendment. Section 3. This ordinance shall take effect immediately upon adoption, contingent upon and subject to the adoption of Ordinance No. 8424-13 PASSED ON FIRST READING ___________________________ PASSED ON SECOND AND FINAL ___________________________ READING AND ADOPTED Attachment number 3 \nPage 1 of 4 Item # 5 Ordinance No. 8426-13 _______________________________ George N. Cretekos Mayor Approved as to form: Attest: __________________________ ______________________________ Leslie K. Dougall-Sides Rosemarie Call Assistant City Attorney City Clerk Attachment number 3 \nPage 2 of 4 Item # 5 EXHIBIT A LEGAL DESCRIPTION A PORTION OF THE WEST ½ OF THE SOUTHWEST ¼ OF THE SOUTHWEST ¼ OF SECTION 33, TOWNSHIP 28 SOUTH, RANGE 16 EAST, PINELLAS COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHWEST CORNER OF THE SOUTHWEST ¼ OF THE SOUTHWEST ¼ OF SAID SECTION 33; THENCE ALONG THE WEST BOUNDARY LINE OF SAID SOUTHWEST ¼, NORTH 00°19’40” WEST, A DISTANCE OF 33.00 FEET TO A POINT ON THE NORTH RIGHT-OF-WAY LINE OF UNION STREET AS IT NOW EXISTS FOR A POINT OF BEGINNING; THENCE CONTINUE ALONG SAID WEST BOUNDARY LINE, NORTH 00°19’40” WEST, A DISTANCE OF 1,142.45 FEET; THENCE NORTH 89°56’26” EAST, A DISTANCE OF 667.27 TO THE EAST BOUNDARY LINE OF THE WEST ½ OF THE SOUTHWEST ¼ OF THE SOUTHWEST ¼ OF SAID SECTION 33; THENCE ALONG SAID EAST BOUNDARY LINE, SOUTH 00°17’48” EAST, A DISTANCE OF 1,143.88 FEET TO SAID NORTH RIGHT-OF-WAY LINE; THENCE ALONG SAID NORTH RIGHT-OF-WAY LINE, SOUTH 89°56’09” WEST, A DISTANCE OF 666.66 FEET TO THE POINT OF BEGINNING. THE ABOVE DESCRIBED PARCEL CONTAINS 17.50 ACRES MORE OR LESS. (CLOSES 0.006’ J.M.M.) Attachment number 3 \nPage 3 of 4 Item # 5 Attachment number 3 \nPage 4 of 4 Item # 5 S:\Planning Department\C D B\Annexations (ANX)\Active Cases\Union St 3030 ANX2013-04008 - Ruppel Farms LLC\Maps\ANX2013-04008_Location.doc [ PROJECT SITE UNION ST McMULLEN-BOOTH RDCHANCERY LN MA R L O B LV D LEANNE CT ELYSIUM BLVDBARTON LNELYSIUM WAY JO N ES LNSTEVEN STLAUREN LNHIWAFFEE STWINGS WAYLANDMARK DRWEATHERSTONE DR CIELO CIR BETHANY PL PATRICK PL REGENCY CT-Not to Scale--Not a Survey- LOCATION MAP Owner: Ruppel Farms, LLC Case: ANX2013-04008 Site: 3030 Union Street Property Size (Acres): 17.50 Land Use Zoning PIN: 33-28-16-00000-330-1200 33-28-16-00000-330-1100 From : To: RS, Water AE RS, Water/Drainage Feature LDR Atlas Page: 245A Attachment number 4 \nPage 1 of 8 Item # 5 S:\Planning Department\C D B\Annexations (ANX)\Active Cases\Union St 3030 ANX2013-04008 - Ruppel Farms LLC\Maps\ANX2013-04008_Aerial.doc LANDMARK DRLANDMARK DRUNIO N S T UNIO N ST McMULLEN-BOOTH RD McMULLEN-BOOTH RD CRES T DR CRES T DR LEANNE CT LEANNE CT ELYS IUM WAY ELYS IUM WAY ELYSIUM BLVD ELYSIUM BLVD STEVEN ST STEVEN ST LAUREN LN LAUREN LN RENAISS ANCE DR RENAISS ANCE DR BETHANY PL BETHANY PL CIELO CIR NCIELO CIR NCHANCERY LN CHANCERY LN CIELO CIR SCIELO CIR S MEADOW BROOK DR MEADOW BROOK DR -Not to Scale--Not a Survey- AERIAL MAP Owner: Ruppel Farms, LLC Case: ANX2013-04008 Site: 3030 Union Street Property Size (Acres): 17.50 Land Use Zoning PIN: 33-28-16-00000-330-1200 33-28-16-00000-330-1100 From : To: RS, Water AE RS, Water/Drainage Feature LDR Atlas Page: 245A Attachment number 4 \nPage 2 of 8 Item # 5 S:\Planning Department\C D B\Annexations (ANX)\Active Cases\Union St 3030 ANX2013-04008 - 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Ruppel Farms LLC\Maps\ANX2013-04008_Future Land Use.doc LANDMARK DRRS RS R/OS I RS RSI RS RS P WATER WATER UNION ST McMULLEN-BOOTH RD CREST DR LEANNE CT ELYSIUM WAY ELYSIUM BLVD STEVEN ST LAUREN LN RENAISSANCE DR BETHANY PL CIELO CIR NCHANCERY LN 22082191 21753060306530592245305330602245 2258 309218311827 1850185818541851185718472170 21763054299429862978297029622171 2166 2971296329802972299729892981297329652968297629842 9 9 2 2999 299329852977296929512939293129232930295029382914292229402951293929312925291729162924293229522952294429362928292029512939292729172 1 1 421442145 2133 2 1 2 1 2 1 0 9 2995297529452937304030802205 21993093308130693 0 5 7 3 0 4 5 3013305630083002300130622155 2163 2194 2195 30413035302930233047306730733079309130853068307430803086304230363048301730112225 2256 2231 2237 2243 2250 2244 2238 2239 2251 2257 2263 2269 2249 2255 2262 2268 2261 2267 30252206 2202 2204 2242 2238 2240 2234 2236 2265 2163 1828 2167 2159 1836 2155 1832 2180 2270 2225 LS 30243032183318251848185218601856183718531849185518452270 296429072909303030302965295529193020303730293021304030162270 30961 1830 1 1 118341 3001pump-Not to Scale--Not a Survey- FUTURE LAND USE MAP Owner: Ruppel Farms, LLC Case: ANX2013-04008 Site: 3030 Union Street Property Size (Acres): 17.50 Land Use Zoning PIN: 33-28-16-00000-330-1200 33-28-16-00000-330-1100 From : To: RS, Water AE RS, Water/Drainage Feature LDR Atlas Page: 245A RS RS RS W/DF W/DF Attachment number 4 \nPage 4 of 8 Item # 5 S:\Planning Department\C D B\Annexations (ANX)\Active Cases\Union St 3030 ANX2013-04008 - Ruppel Farms LLC\Maps\ANX2013-04008_Zoning.doc LANDMARK DRUNION ST McMULLEN-BOOTH RD CREST DR LEANNE CT ELYSIUM WAY ELYSIUM BLVD STEVEN ST LAUREN LN RENAISSANCE DR BETHANY PL CIELO CIR NCHANCERY LN LDR LMDR OS/R MDR I I 22082191 21753060306530592245305330602245 2258 309218311827 1850185818541851185718472170 217630542270299429862978297029622171 2166 2971296329802972299729892981297329652968297629842 9 9 2 2999 299329852977296929512939293129232930295029382914292229512939293129252917291629242952294429362928292029512939292729172 1 1 421442145 2133 2 1 2 1 2 1 0 9 2975296529552945293729193020304030802205 21993093308130693 0 5 7 3 0 4 5 3013305630083002300130622155 2163 2194 2195 30293023306730733079309130853068307430803086304230363048301730112225 2256 2231 2237 2243 2250 2244 2238 2239 2251 2257 2263 2269 2249 2255 2262 2268 2261 2267 30252206 2202 2204 2242 2238 2240 2234 2236 2265 2163 1828 2167 2159 1836 2155 1832 2180 2270 2225 LS 3024303218331825184818521860185618371853184918551845296429072940290929322952303030302995303730293021304030162270 30413035304730961 1830 1 1 118341 3001pump-Not to Scale--Not a Survey- ZONING MAP Owner: Ruppel Farms, LLC Case: ANX2013-04008 Site: 3030 Union Street Property Size (Acres): 17.50 Land Use Zoning PIN: 33-28-16-00000-330-1200 33-28-16-00000-330-1100 From : To: RS, Water AE RS, Water/Drainage Feature LDR Atlas Page: 245A LDR LDR Attachment number 4 \nPage 5 of 8 Item # 5 S:\Planning Department\C D B\Annexations (ANX)\Active Cases\Union St 3030 ANX2013-04008 - Ruppel Farms LLC\Maps\ANX2013-04008_Existing Surrounding Uses.doc 3320033331515 3333(4) PARCEL "D" 22/021233 11/02 11/03 72 72 50 50 505050 505050 505050 3053.6 5050503340 40 33 3325723 1 23 4 5 6789 10 11 12 13 14 15 16 17 1819202122 2324 252627282930 33 34 35 36 37 38 39 40414243444546 50 51 52 53 54555657 60 61 62 63 64 41/01 27.04 200 83 83 333340402060 60 200 200 133 133 133 40 40 406050100 5050 5050 50 50 505074505028283656505 18973 74277 74278 1 2 4 3 1 2 3 4 17 18 19 20 21 1 2 3 4 5 6 7 1 2 3 4 5 6 55565758 59 61 62 63 64 65 66 2 1 1 5 1 4 P PH PHASE 19 PHASE 20 171513 11 9 7 5 312 4 68 10 12 14 16 60 PHASE 18 TR "B" TR "A 28 51 52 53 54 55 12345 6 713 14 15 16 17 18 19 20 21 22 23 24 25 2627 28 29 30 31 32 3334 35 36 37 38 39 40 41 42 43 543 1 2 4 4 4 5 6 32/05 32/08 33/03 33/05 33/06 33/04 1.06 1.24 1.77 33/13 33/12 4.48 15.38 33/11 33/07 33/0933/10 33/08 32/04 3.58 33/051 34/02A C(C) A C(C) A C(C) A C(C) A C(C) A C(C) 1 2 1 2 3 1 1 2 1 A C(C)LANDMARK DRUNION ST McMULLEN-BOOTH RD C R ES T D R LEANNE CT ELYSIUM WAY STEVEN ST LAUREN LN CHANCERY LN 2191 21753060306530592245306022583092 185418492170 2176 2270 299429622166 2980297229972965296829842 9 9 2 2999 2993297729692930295029142951293129172916295229512927291721442145 2133 2 1 2 1 2995297529652945293729193020304030802205 2199309330693 0 4 5302930213013305630083062 2194 2195 3047306730913036304830112225 30252265 2163 2167 2159 2155 2180 22083053302430322245 1831182718331825185018481852185818601856183718511857185318551845184730542986297829702171 2971296329642989298129732976298529512939293129232907293829222940293929252909292429322952294429362928292029392 1 1 4 2 1 0 9 30303030295530813 0 5 7 3037304030163 0 0 2 30012270 2155 2163 304130353029302330963073307930853068307430803086304230172256 2231 2237 2243 2250 2244 2238 2239 2251 2257 2263 2269 2249 2255 2262 2268 2261 2267 2206 2202 2204 2242 2238 2240 2234 2236 1 18281830 1 11836 118321834 2270 1 2225 LS 01pump-Not to Scale--Not a Survey- EXISTING SURROUNDING USE MAP Owner: Ruppel Farms, LLC Case: ANX2013-04008 Site: 3030 Union Street Property Size (Acres): 17.50 Land Use Zoning PIN: 33-28-16-00000-330-1200 33-28-16-00000-330-1100 From : To: RS, Water AE RS, Water/Drainage Feature LDR Atlas Page: 245A Single Family Residential Single Family Residential Single Family Residential Elementary School Stormwater Single Family Residential Lake Chautauqua Equestrian Park Attachment number 4 \nPage 6 of 8 Item # 5 View looking north at the subject property, 3030 Union Street, from southwestern corner of site View looking north at the subject property, 3030 Union Street, from center of site View looking north at the subject property, 3030 Union Street, from southeastern corner of site Existing single family home, 3030 Union Street Across the street to the south of the subject propertyExisting horse barn 3030 Union Street ANX2013-04008 & ANX2013-05011 Ruppel Farms LLC 3030 Union Street Page 1 of 2 Across the street, to the south of the subject propertyExisting horse barn, 3030 Union Street Attachment number 4 \nPage 7 of 8 Item # 5 East of the subject property, adjacent to southeast corner of site West of the subject property, adjacent to southwest corner of site West of the subject property, adjacent to the terminus of the recently vacated Landmark Drive right-of-way View looking southerly along vacated Landmark Drive (western boundary of site) View looking easterly along Union Street View looking westerly along Union Street ANX2013-04008 & ANX2013-05011 Ruppel Farms LLC 3030 Union Street Page 2 of 2 View looking easterly along Union Street View looking westerly along Union Street Attachment number 4 \nPage 8 of 8 Item # 5 City Council Agenda Council Chambers - City Hall Meeting Date:7/18/2013 SUBJECT / RECOMMENDATION: Approve the Annexation, Initial Land Use Plan Designation of Residential Suburban (RS) and Initial Zoning Atlas Designation of Low Density Residential (LDR) District for 3030 Union Street (consisting of a portion of the West 1/2 of the Southwest 1/4 of the Southwest 1/4 of Section 33, Township 28 South, Range 16 East); and pass Ordinances 8427-13, 8428-13 and 8429-13 on first reading. (ANX2013-05011) SUMMARY: This voluntary annexation petition involves a 1.79-acre property consisting of a portion of a parcel of land containing fields associated with an adjacent barn used for boarding horses. It is located on the north side of Union Street, approximately 640 feet west of McMullen Booth Road. The applicant is requesting this annexation in order to receive water, sanitary sewer and solid waste service from the City, and has submitted plans to redevelop the site as a 43-lot residential subdivision. It is proposed that the property be assigned a Future Land Use Plan designation of Residential Suburban (RS) and a zoning category of Low Density Residential (LDR). A second Petition for Annexation is being processed concurrently with this application for the southern portion of this parcel and a second parcel, which are also part of the overall redevelopment site (ANX2013-04008). The property is contiguous to existing city boundaries to the west, and upon approval of ANX2013-04008 will be contiguous to city boundaries to the south. The Planning and Development Department determined that the proposed annexation is consistent with the provisions of Community Development Code Section 4-604.E as follows: The property does not currently receive any services from the City. Connection to the City’s sanitary sewer is available at the southwest corner of the project, and the developer would be responsible for providing sewer connections to each new house and for connecting the overall development to the City’s sanitary sewer system. The applicant will pay the City's sewer impact fee at the time of construction and is aware of the additional costs to extend City sewer service to this property. Coordination with the City’s Public Utilities Department is necessary at the time of development in order to connect to the City’s Potable Water system. Collection of solid waste will be provided by the City of Clearwater. The property is located within Police District III and service will be administered through the district headquarters located at 2851 N. McMullen Booth Road. Fire and emergency medical services will be provided to this property by Station 49 located at 565 Sky Harbor Drive. The City has adequate capacity to serve this property with water, sanitary sewer, solid waste, police, fire and EMS service. The proposed annexation will not have an adverse effect on public facilities and their levels of service; and The proposed annexation is consistent with and promotes the following objective of the Clearwater Comprehensive Plan: Objective A.6.4 Due to the built-out character of the City of Clearwater, compact urban development within the urban service area shall be promoted through application of the Clearwater Community Development Code. Objective A.7.2 Diversify and expand the City’s tax base through the annexation of a variety of land uses located within the Clearwater Planning Area. Cover Memo Item # 6 Policy A.7.2.3 Continue to process voluntary annexations for single-family residential properties upon request. The proposed Residential Suburban (RS) Future Land Use Plan category is consistent with the current Countywide Plan designation of this property. This designation primarily permits residential uses at a density of 2.5 units per acre. The proposed zoning district to be assigned to the property is the Low Density Residential (LDR) District. The proposed single-family residential use of the subject property is consistent with the uses allowed in the District and the property exceeds the District’s minimum dimensional requirements. The existing use of the property for the boarding of horses is not explicitly allowed by the City’s Community Development Code; however, the property is currently under contract for sale, and it is anticipated that upon approval of the proposed development, the sale will be complete and the existing owners will vacate the property. In the interim, this would be a legally nonconforming use within the City. The proposed annexation is therefore consistent with the Countywide Plan and the City’s Comprehensive Plan and Community Development Code; and The property proposed for annexation is contiguous to existing city boundaries to the west, and upon approval of ANX2013-04008 will be contiguous to city boundaries to the south; therefore the annexation is consistent with Florida Statutes Chapter 171.044. Review Approval: Cover Memo Item # 6 Ordinance No. 8427-13 ORDINANCE NO. 8427-13 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTY LOCATED ON THE NORTH SIDE OF UNION STREET APPROXIMATELY 640 FEET WEST OF MCMULLEN BOOTH DRIVE, CONSISTING OF A PORTION OF THE WEST ½ OF THE SOUTHWEST ¼ OF THE SOUTHWEST ¼ OF SECTION 33, TOWNSHIP 28 SOUTH, RANGE 16 EAST, WHOSE POST OFFICE ADDRESS IS 3030 UNION STREET [SMALLER PARCEL], INTO THE CORPORATE LIMITS OF THE CITY, AND REDEFINING THE BOUNDARY LINES OF THE CITY TO INCLUDE SAID ADDITION; PROVIDING AN EFFECTIVE DATE. WHEREAS, the owner of the real property described herein and depicted on the map attached hereto as Exhibit B has petitioned the City of Clearwater to annex the property into the City pursuant to Section 171.044, Florida Statutes, and the City has complied with all applicable requirements of Florida law in connection with this ordinance; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following-described property is hereby annexed into the City of Clearwater and the boundary lines of the City are redefined accordingly: See Exhibit A for legal description (ANX2013-05011) The map attached as Exhibit B is hereby incorporated by reference. Section 2. The provisions of this ordinance are found and determined to be consistent with the City of Clearwater Comprehensive Plan. The City Council hereby accepts the dedication of all easements, parks, rights-of-way and other dedications to the public, which have heretofore been made by plat, deed or user within the annexed property. The City Engineer, the City Clerk and the Planning and Development Director are directed to include and show the property described herein upon the official maps and records of the City. Section 3. This ordinance shall take effect immediately upon adoption. The City Clerk shall file certified copies of this ordinance, including the map attached hereto, with the Clerk of the Circuit Court and with the County Administrator of Pinellas County, Florida, within 7 days after adoption, and shall file a certified copy with the Florida Department of State within 30 days after adoption. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Attachment number 1 \nPage 1 of 4 Item # 6 Ordinance No. 8427-13 ________________________________ George N. Cretekos Mayor Approved as to form: Attest: ___________________________ _____________________________ Leslie K. Dougall-Sides Rosemarie Call Assistant City Attorney City Clerk Attachment number 1 \nPage 2 of 4 Item # 6 EXHIBIT A A PORTION OF THE WEST ½ OF THE SOUTHWEST ¼ OF THE SOUTHWEST ¼ OF SECTION 33, TOWNSHIP 28 SOUTH, RANGE 16 EAST, PINELLAS COUNTY, FLORIDA BEING MORE PARTICULALRLY DESCRIBED AS FOLLWS: COMMENCE AT THE SOUTHWEST CORNER OF THE SOUTHWEST ¼ OF THE SOUTHWEST ¼ OF SAID SECTION 33; THENCE ALONG THE WEST BOUNDARY LINE OF SAID SOUTHWEST ¼, NORTH 00°19’40” WEST, A DISTANCE OF 1,175.45 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE ALONG SAID WEST BOUNDARY LINE, NORTH 00°19’40” WEST, A DISTANCE OF 117.00 FEET; THENCE NORTH 89°56’26” EAST, A DISTANCE OF 667.33 TO THE EAST BOUNDARY LINE OF THE WEST ½ OF THE SOUTHWEST ¼ OF THE SOUTHWEST ¼ OF SAID SECTION 33; THENCE ALONG SAID EAST BOUNDARY LINE, SOUTH 00°17’48” EAST, A DISTANCE OF 117.00 FEET; THENCE SOUTH 89°56’26” WEST, A DISTANCE OF 667.27 FEET TO THE POINT OF BEGINNING. THE ABOVE DESCRIBED PARCEL CONTAINS 1.79 ACRES MORE OR LESS. Attachment number 1 \nPage 3 of 4 Item # 6 Attachment number 1 \nPage 4 of 4 Item # 6 Ordinance No. 8428-13 ORDINANCE NO. 8428 -13 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE FUTURE LAND USE PLAN ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY, TO DESIGNATE THE LAND USE FOR CERTAIN REAL PROPERTY LOCATED ON THE NORTH SIDE OF UNION STREET APPROXIMATELY 640 FEET WEST OF MCMULLEN BOOTH DRIVE, CONSISTING OF A PORTION OF THE WEST ½ OF THE SOUTHWEST ¼ OF THE SOUTHWEST ¼ OF SECTION 33, TOWNSHIP 28 SOUTH, RANGE 16 EAST, WHOSE POST OFFICE ADDRESS IS 3030 UNION STREET [SMALLER PARCEL], UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS RESIDENTIAL SUBURBAN (RS); PROVIDING AN EFFECTIVE DATE. WHEREAS, the amendment to the future land use plan element of the comprehensive plan of the City as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's comprehensive plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The future land use plan element of the comprehensive plan of the City of Clearwater is amended by designating the land use category for the hereinafter described property, upon annexation into the City of Clearwater, as follows: Property Land Use Category See Exhibit A for legal description Residential Suburban (RS) (ANX2013-05011) The map attached as Exhibit B is hereby incorporated by reference. Section 2. The City Council does hereby certify that this ordinance is consistent with the City’s comprehensive plan. Section 3. This ordinance shall take effect immediately upon adoption, contingent upon and subject to the adoption of Ordinance No. 8427-13. PASSED ON FIRST READING _____________________ PASSED ON SECOND AND FINAL _____________________ READING AND ADOPTED __________________________ George N. Cretekos Mayor Approved as to form: Attest: __________________________ __________________________ Leslie K. Dougall-Sides Rosemarie Call Assistant City Attorney City Clerk Attachment number 2 \nPage 1 of 3 Item # 6 EXHIBIT A A PORTION OF THE WEST ½ OF THE SOUTHWEST ¼ OF THE SOUTHWEST ¼ OF SECTION 33, TOWNSHIP 28 SOUTH, RANGE 16 EAST, PINELLAS COUNTY, FLORIDA BEING MORE PARTICULALRLY DESCRIBED AS FOLLWS: COMMENCE AT THE SOUTHWEST CORNER OF THE SOUTHWEST ¼ OF THE SOUTHWEST ¼ OF SAID SECTION 33; THENCE ALONG THE WEST BOUNDARY LINE OF SAID SOUTHWEST ¼, NORTH 00°19’40” WEST, A DISTANCE OF 1,175.45 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE ALONG SAID WEST BOUNDARY LINE, NORTH 00°19’40” WEST, A DISTANCE OF 117.00 FEET; THENCE NORTH 89°56’26” EAST, A DISTANCE OF 667.33 TO THE EAST BOUNDARY LINE OF THE WEST ½ OF THE SOUTHWEST ¼ OF THE SOUTHWEST ¼ OF SAID SECTION 33; THENCE ALONG SAID EAST BOUNDARY LINE, SOUTH 00°17’48” EAST, A DISTANCE OF 117.00 FEET; THENCE SOUTH 89°56’26” WEST, A DISTANCE OF 667.27 FEET TO THE POINT OF BEGINNING. THE ABOVE DESCRIBED PARCEL CONTAINS 1.79 ACRES MORE OR LESS. Attachment number 2 \nPage 2 of 3 Item # 6 Attachment number 2 \nPage 3 of 3 Item # 6 Ordinance No. 8429-13 ORDINANCE NO. 8429-13 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY ZONING CERTAIN REAL PROPERTY LOCATED ON THE NORTH SIDE OF UNION STREET APPROXIMATELY 640 FEET WEST OF MCMULLEN BOOTH DRIVE, CONSISTING OF A PORTION OF THE WEST ½ OF THE SOUTHWEST ¼ OF THE SOUTHWEST ¼ OF SECTION 33, TOWNSHIP 28 SOUTH, RANGE 16 EAST, WHOSE POST OFFICE ADDRESS IS 3030 UNION STREET [SMALLER PARCEL], UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS LOW DENSITY RESIDENTIAL (LDR); PROVIDING AN EFFECTIVE DATE. WHEREAS, the assignment of a zoning district classification as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's comprehensive plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following described property located in Pinellas County, Florida, is hereby zoned as indicated upon annexation into the City of Clearwater, and the zoning atlas of the City is amended, as follows: Property Zoning District See Exhibit A for legal description Low Density Residential (LDR) (ANX2013-05011) The map attached as Exhibit B is hereby incorporated by reference. Section 2. The City Engineer is directed to revise the zoning atlas of the City in accordance with the foregoing amendment. Section 3. This ordinance shall take effect immediately upon adoption, contingent upon and subject to the adoption of Ordinance No. 8427-13 PASSED ON FIRST READING ___________________________ PASSED ON SECOND AND FINAL ___________________________ READING AND ADOPTED Attachment number 3 \nPage 1 of 4 Item # 6 Ordinance No. 8429-13 _______________________________ George N. Cretekos Mayor Approved as to form: Attest: __________________________ ______________________________ Leslie K. Dougall-Sides Rosemarie Call Assistant City Attorney City Clerk Attachment number 3 \nPage 2 of 4 Item # 6 EXHIBIT A A PORTION OF THE WEST ½ OF THE SOUTHWEST ¼ OF THE SOUTHWEST ¼ OF SECTION 33, TOWNSHIP 28 SOUTH, RANGE 16 EAST, PINELLAS COUNTY, FLORIDA BEING MORE PARTICULALRLY DESCRIBED AS FOLLWS: COMMENCE AT THE SOUTHWEST CORNER OF THE SOUTHWEST ¼ OF THE SOUTHWEST ¼ OF SAID SECTION 33; THENCE ALONG THE WEST BOUNDARY LINE OF SAID SOUTHWEST ¼, NORTH 00°19’40” WEST, A DISTANCE OF 1,175.45 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE ALONG SAID WEST BOUNDARY LINE, NORTH 00°19’40” WEST, A DISTANCE OF 117.00 FEET; THENCE NORTH 89°56’26” EAST, A DISTANCE OF 667.33 TO THE EAST BOUNDARY LINE OF THE WEST ½ OF THE SOUTHWEST ¼ OF THE SOUTHWEST ¼ OF SAID SECTION 33; THENCE ALONG SAID EAST BOUNDARY LINE, SOUTH 00°17’48” EAST, A DISTANCE OF 117.00 FEET; THENCE SOUTH 89°56’26” WEST, A DISTANCE OF 667.27 FEET TO THE POINT OF BEGINNING. THE ABOVE DESCRIBED PARCEL CONTAINS 1.79 ACRES MORE OR LESS. Attachment number 3 \nPage 3 of 4 Item # 6 Attachment number 3 \nPage 4 of 4 Item # 6 S:\Planning Department\C D B\Annexations (ANX)\Active Cases\Union St 3030 ANX2013-05011 - Ruppel Farms LLC\Maps\ANX2013-05011_Location.doc [ PROJECT SITE UNION ST McMULLEN-BOOTH RDMA RL O B LV D LEANNE CT CHANCERY LN HIWAFFEE STBARTON LNELYSIUM BLVDHILLCREEK CIR ELYSIUM WAY JO NES LNSTEVEN STLAUREN LNLANDMARK DRWINGS WAYOAK COVE DR WEATHERSTONE DR CIELO CIR BETHANY PL STONEBROOK LN PATRICK PL REGENCY CT-Not to Scale--Not a Survey- LOCATION MAP Owner: Ruppel Farms, LLC Case: ANX2013-05011 Site: 3030 Union Street Property Size (Acres): 1.79 Land Use Zoning PIN: 33-28-16-00000-330-1100 From : To: RS AE RS LDR Atlas Page: 245A Attachment number 4 \nPage 1 of 8 Item # 6 S:\Planning Department\C D B\Annexations (ANX)\Active Cases\Union St 3030 ANX2013-05011 - Ruppel Farms LLC\Maps\ANX2013-05011_Aerial.doc LANDMARK DRLANDMARK DRUNION ST UNION ST McMULLEN-BOOTH RD McMULLEN-BOOTH RD CREST DR CREST DR LEANNE CT LEANNE CT ELYSIUM BLVD ELYSIUM BLVD STEVEN ST STEVEN ST LAUREN LN LAUREN LN RENAISSANCE DR RENAISSANCE DR CIELO CIR NCIELO CIR N CIELO CIR SCIELO CIR S HIWAFF EE ST HIWAFFEE ST MEADOW BROOK DR MEADOW BROOK DR DIVINO DR DIVINO DR -Not to Scale--Not a Survey- AERIAL MAP Owner: Ruppel Farms, LLC Case: ANX2013-05011 Site: 3030 Union Street Property Size (Acres): 1.79 Land Use Zoning PIN: 33-28-16-00000-330-1100 From : To: RS AE RS LDR Atlas Page: 245A Attachment number 4 \nPage 2 of 8 Item # 6 S:\Planning Department\C D B\Annexations (ANX)\Active Cases\Union St 3030 ANX2013-05011 - 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Ruppel Farms LLC\Maps\ANX2013-05011_Future Land Use.doc LANDMARK DRRS RS R/OS IRS RS RSRS RS RS PWATERWATER WATER WATER UNION ST McMULLEN-BOOTH RD CREST DR LEANNE CT ELYSIUM BLVD STEVEN ST LAUREN LN RENAISSANCE DR CIELO CIR N CIELO CIR S HIWAFFEE ST PATRICK PL 3822082191 21753060306530592245305330602245 2258 309218181810181418191813183118271823181618241850185818541817182718231835182918511857184518392170 21763054299429862978297029622171 2166 29712963298029722964299729892981297329652968297629842 9 9 2 2999 299329852977296929512931295029382940295129392952295229442936295129392 1 1 421442145 2133 2 1 2 1 2 1 0 9 3030303029952975294529373020304030802205 21993093308130693 0 5 7 3 0 4 5 3013305630083002300130622270 2155 2163 2194 2195 30413035302930233047306730733079309130853068307430803086304230363048301730112225 2256 2231 2237 2243 2250 2244 2238 2239 2251 2257 2263 2269 2249 2255 2262 2268 2261 2267 2273 30252228222622242222 2220 2218 2216 2214 2212 2210 2206 2202 2204 2242 2238 2240 2234 2236 2265 1885 2163 1828 2167 2159 18261836 2155 1832 2180 2270 2225 LS 3024303218161812 181718211811181518331825181812181418221820181818481852184618601856181518131819182518211833183718311853184918551847184118432270 293929312965295530373029302130403016309633032276 2295 1830 18201822 1834 1824 1pump-Not to Scale--Not a Survey- FUTURE LAND USE MAP Owner: Ruppel Farms, LLC Case: ANX2013-05011 Site: 3030 Union Street Property Size (Acres): 1.79 Land Use Zoning PIN: 33-28-16-00000-330-1100 From : To: RS AE RS LDR Atlas Page: 245A RS RS Attachment number 4 \nPage 4 of 8 Item # 6 S:\Planning Department\C D B\Annexations (ANX)\Active Cases\Union St 3030 ANX2013-05011 - Ruppel Farms LLC\Maps\ANX2013-05011_Zoning.doc LANDMARK DRUNION ST McMULLEN-BOOTH RD CREST DR LEANNE CT ELYSIUM BLVD STEVEN ST LAUREN LN RENAISSANCE DR CIELO CIR N CIELO CIR S HIWAFFEE ST PATRICK PL LDR OS/R LMDR MDR I 3822082191 21753060306530592245305330602245 2258 309218181810181418191813183118271823181618241850185818541817182718231835182918511857184518392170 217630542270299429862978297029622171 2166 29712963298029722964299729892981297329652968297629842 9 9 2 2999 29932985297729692951293929312950293829512939295229442936295129392 1 1 421442145 2133 2 1 2 1 2 1 0 9 30303030297529652955294529373020304030802205 21993093308130693 0 5 7 3 0 4 5 3013305630083002300130622270 2155 2163 2194 2195 30293023306730733079309130853068307430803086304230363048301730112225 2256 2231 2237 2243 2250 2244 2238 2239 2251 2257 2263 2269 2249 2255 2262 2268 2261 2267 2273 30252228222622242222 2220 2218 2216 2214 2212 2210 2206 2202 2204 2242 2238 2240 2234 2236 2265 1885 2163 1828 2167 2159 18261836 2155 1832 2180 2270 2225 LS 3024303218161812 18171821181118151833182518181218141822182018181848185218461860185618151813181918251821183318371831185318491855184718411843294029312952299530373029302130403016304130353047309633032276 2295 1830 18201822 1834 1824 1pump-Not to Scale--Not a Survey- ZONING MAP Owner: Ruppel Farms, LLC Case: ANX2013-05011 Site: 3030 Union Street Property Size (Acres): 1.79 Land Use Zoning PIN: 33-28-16-00000-330-1100 From : To: RS AE RS LDR Atlas Page: 245A LDR AE Attachment number 4 \nPage 5 of 8 Item # 6 S:\Planning Department\C D B\Annexations (ANX)\Active Cases\Union St 3030 ANX2013-05011 - Ruppel Farms LLC\Maps\ANX2013-05011_Existing Surrounding Uses.doc 3320033331515 33331 11 (4) 22/021233 11/03 72 72 50 50 505050 505050 5050 3053.6 50503340 40 33 3325723 1 2 3 4 5 6789 10 11 12 13 14 15 16 17 1819202122 2324 252627 35 36 37 38 39 404142434445 51 52 53 545556 62 63 64 41/01 27.04 200 83 83 33334040206 0 60 200 200 133 133 133 40 40 4020 206050501005050505050 50 50 505074505028283656505 18973 74277 74278 1 2 4 3 5 6 8 1 2 3 4 5 6 7 8 9 10 11 12 13 14 17 18 19 20 21 1 2 3 4 5 6 7 1 2 3 4 5 6 7 8 9 10 5152535455565758 59 61 62 63 64 65 66 67 68 69 70 2 1 4 1 5 1 4 5 1 1 4 1 PH PHASE 12 PHASE 13 PHASE 14 PHASE 15 PHASE 16 PHASE 17 PHASE 19 PHASE 20 171513 11 9 7 5 312 4 68 10 12 14 16 60 PHASE 18 TR "B" T R TRACT"B" TR "A" 28 29 30 31 32 47484950 51 52 53 54 55 56 57 58 12345 6 713 14 15 16 17 18 19 20 21 22 23 24 25 2627 28 29 30 31 32 3334 35 36 37 38 39 40 41 42 43 543 1 2 4 4 4 5 6 2.12 32/05 32/08 33/03 33/05 33/06 33/04 1.06 1.24 1.77 33/13 33/12 4.48 15.38 33/11 33/07 33/0933/105.59 33/08 32/04 3.58 33/051 34/02A C(C) A C(C) A C(C) A C(C) A C(C) A C(C) A C 1 2 1 2 3 1 1 2 1 A C(C)LANDMARK DRUNION ST McMULLEN-BOOTH RD C R E S T D R LEANNE CT STEVEN ST LAUREN LN ELYSIUM WAY 38 2191 21753060306530592245306022583092 1812185418492170 2176 2270 299429622166 2980297229972965296829842 9 9 2 2999 299329772969295029512952295121442145 2133 2 1 2 1 3030303029952975296529452937304030802205 2199309330693 0 4 53029302130133056300830622270 2194 2195 3047306730913036304830112225 2273 30252265 2163 2167 2159 2155 2180 22083053302430322245 1818181018161814181918131817183118271823182118111815183318251818121816181418241822182018181850184818521846185818601856181718151813181918271825182318211835183318371831182918511857185318551845184718411843183930542986297829702171 29712963296429892981297329762985295129392931293829402939293129522944293629392 1 1 4 2 1 0 9 2955302030813 0 5 7 3037304030163 0 0 2 30012155 2163 304130353029302330963073307930853068307430803086304230172256 2231 2237 2243 2250 2244 2238 2239 2251 2257 2263 2269 2249 2255 2262 2268 2261 2267 3332276 2228222622242222 2220 2218 2216 2214 2212 2210 2206 2202 2204 2242 2238 2240 2234 2236 2295 1885 18281830 1820 18261836 182218321834 2270 1824 2225 LS pump-Not to Scale--Not a Survey- EXISTING SURROUNDING USE MAP Owner: Ruppel Farms, LLC Case: ANX2013-05011 Site: 3030 Union Street Property Size (Acres): 1.79 Land Use Zoning PIN: 33-28-16-00000-330-1100 From : To: RS AE RS LDR Atlas Page: 245A Single Family Residential Elementary School Stormwater Single Family Residential Single Family Residential Single Family Residential Lake Chautauqua Equestrian Park Attachment number 4 \nPage 6 of 8 Item # 6 View looking north at the subject property, 3030 Union Street, from southwestern corner of site View looking north at the subject property, 3030 Union Street, from center of site View looking north at the subject property, 3030 Union Street, from southeastern corner of site Existing single family home, 3030 Union Street Across the street to the south of the subject propertyExisting horse barn 3030 Union Street ANX2013-04008 & ANX2013-05011 Ruppel Farms LLC 3030 Union Street Page 1 of 2 Across the street, to the south of the subject propertyExisting horse barn, 3030 Union Street Attachment number 4 \nPage 7 of 8 Item # 6 East of the subject property, adjacent to southeast corner of site West of the subject property, adjacent to southwest corner of site West of the subject property, adjacent to the terminus of the recently vacated Landmark Drive right-of-way View looking southerly along vacated Landmark Drive (western boundary of site) View looking easterly along Union Street View looking westerly along Union Street ANX2013-04008 & ANX2013-05011 Ruppel Farms LLC 3030 Union Street Page 2 of 2 View looking easterly along Union Street View looking westerly along Union Street Attachment number 4 \nPage 8 of 8 Item # 6 City Council Agenda Council Chambers - City Hall Meeting Date:7/18/2013 SUBJECT / RECOMMENDATION: Approve the annexation, initial Future Land Use Map designation of Residential Urban (RU) and initial Zoning Atlas designation of Low Medium Density Residential (LMDR) District for 2080 Lantana Avenue (Lot 7, Block C, Brook Lawn in Section 3, Township 29 South, Range 15 East); and pass Ordinances 8420-13, 8421-13 and 8422-13 on first reading. (ANX2013-04010) SUMMARY: This voluntary annexation petition involves a 0.129-acre property consisting of one parcel of land occupied by a single-family dwelling. It is located on the north west corner of Lantana Avenue and Arbelia Street. The applicant is requesting annexation in order to receive solid waste service from the City, and will connect to city sewer when it is available in the future, as part of the City’s Idlewild/The Mall Septic-to-Sewer Project. The property is contiguous to existing City boundaries to the east and south. It is proposed that the property be assigned a Future Land Use Map designation of Residential Urban (RU) and a Zoning Atlas designation of Low Medium Density Residential (LMDR). The Planning and Development Department determined that the proposed annexation is consistent with the provisions of Clearwater Community Development Code Section 4-604.E as follows: The property currently receives water service from the City. Collection of solid waste service will be provided to the property by the City. The applicant will connect to the City’s sanitary sewer service when it is available, and is aware of the fee that must be paid in order to connect and the financial incentives available. The property is located within Police District II and service will be administered through the district headquarters located at 645 Pierce Street. Fire and emergency medical services will be provided to this property by Station 51 located at 1720 Overbrook Avenue. The City has adequate capacity to serve this property with sanitary sewer, solid waste, police, fire and EMS service. The proposed annexation will not have an adverse effect on public facilities and their levels of service; and The proposed annexation is consistent with and promotes the following objective of the Clearwater Comprehensive Plan: Objective A.6.4 Due to the built-out character of the City of Clearwater, compact urban development within the urban service area shall be promoted through application of the Clearwater Community Development Code. Objective A.7.2 Diversify and expand the City’s tax base through the annexation of a variety of land uses located within the Clearwater Planning Area. Policy A.7.2.3 Continue to process voluntary annexations for single-family residential properties upon request. The proposed Residential Urban (RU) Future Land Use Map category is consistent with the current Cover Memo Item # 7 Countywide Plan designation of this property. This designation primarily permits residential uses at a density of 7.5 units per acre. The proposed zoning district to be assigned to the property is the Low Medium Density Residential (LMDR) District. The use of the subject property is consistent with the uses allowed in the district and the property exceeds the district’s minimum dimensional requirements. The proposed annexation is therefore consistent with the Countywide Plan and the City’s Comprehensive Plan and Community Development Code; and The property proposed for annexation is contiguous to existing City boundaries to the east and south; therefore, the annexation is consistent with Florida Statutes Chapter 171.044. Review Approval: Cover Memo Item # 7 S:\Planning Department\C D B\Annexations (ANX)\Active Cases\Lantana Ave 2080 ANX2013-04010 - Mitchem\Maps\ANX2013- 04010 Location Map.doc ^ PROJECT SITE CR-600 LANTANA AVEUNION ST BETTY LNKINGS HWYSUNSET POINT RD HIGHLAND AVESTAT E ST B Y R A M D R IDLEWILD DR PA LM ST POINSETTA AVEFLORA RDRIDGELANE RDWILSON RD PLATEAU RDSEDEEVA CIR ALPINE RDBERMUDA ST SPRING LNCHENANGO AVETHAMES LN ERIN LNCARLOS AVECOLES RDBARBARA AVEFULLER DRMACOMBER AVEBERTLAND WAY STRATHMILL DRPINECREST WAYSPRING LN -Not to Scale--Not a Survey- LOCATION MAP Owner: Mitchem, Lilly M. Case: ANX2013-04010 Site: 2080 Lantana Avenue Property Size (Acres): 0.129 acres Land Use Zoning PIN: 03-29-15-12060-003-0070 From : To: RU R-4 RU LMDR Atlas Page: 251B Attachment number 1 \nPage 1 of 7 Item # 7 S:\Planning Department\C D B\Annexations (ANX)\Active Cases\Lantana Ave 2080 ANX2013-04010 - Mitchem\Maps\ANX2013- 04010 Aerial Photograph.doc UNION ST UNION ST BETTY LN BETTY LN IDLEWILD DR IDLEWILD DR THE MALL THE MALL ARBELIA ST ARBELIA ST POINSETTA AVE POINSETTA AVE EVERGREEN AVE EVERGREEN AVE LANTANA AVE LANTANA AVE PALM ST PALM ST GARDENIA CT GARDENIA CT BERMUDA ST BERMUDA ST -Not to Scale--Not a Survey- AERIAL PHOTOGRAPH Owner: Mitchem, Lilly M. Case: ANX2013-04010 Site: 2080 Lantana Avenue Property Size (Acres): 0.129 acres Land Use Zoning PIN: 03-29-15-12060-003-0070 From : To: RU R-4 RU LMDR Atlas Page: 251B Attachment number 1 \nPage 2 of 7 Item # 7 S:\Planning Department\C D B\Annexations (ANX)\Active Cases\Lantana Ave 2080 ANX2013-04010 - Mitchem\Maps\ANX2013- 04010 Proposed Annexation Map.doc 60 60 60 60 606060606060 6060 87.7 6015401587.7 12060 9807 4 ABC D F G H I J K L M NE 12 3 4 5 6 7 8 9 10 11 12 13 14 15 16 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 7 8 1 2 3 4 5 6 7 8 9 10 11 12 1 2 3 4 5 6 7 8 9 10 11 1 2 3 4 5 6 7 8 9 10 11 12 1314 15 16 17 18192021222324 (25) 1 2 3 4 5 6 4 5 6 7 8 90 16 17 18 19 20 21 28 29 30 22 23 24 1 2 5 6 7 8 9 10 11 12 1 2 3 4 5 6 78 9 10 1 2 3 4 5 6 78 9 10 1 2 3 4 5 6 78 9 10 12 3 4 5 6 78 9 10 1 2 8 9 10 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 63 30 36 50 9 10 11 6869707172737475106107 108 109 110 111 1 1 1 UNION ST BETTY LN IDLEWILD DR THE MALL ARBELIA ST POINSETTA AVE EVERGREEN AVE LANTANA AVE PALM ST 2088 2040 2044 2080 2084 206613301322207713311317 2063 2049 2057 2084 2071 2081 1345134113372075 2079 20711349 13552000 2049 2053 2067 2060 2061 2068 2070 2072 20801309 2071 2083 2047 2048 13002069 2010 2020 2026 2028 131013002025 2019 1325131713012022 20301291 12961290129220441293127912762060 2064 2066129312791282127812831275 2048 2050 2060 2058 13332056 2064 2035 2039 2017 2075 2031 2025 2076 2080 2077 13532001 13902079 2052 13102063 2065 2067 2024 2028 1286127712831275127412732043 2021 -Not to Scale--Not a Survey- PROPOSED ANNEXATION MAP Owner: Mitchem, Lilly M. Case: ANX2013-04010 Site: 2080 Lantana Avenue Property Size (Acres): 0.129 acres Land Use Zoning PIN: 03-29-15-12060-003-0070 From : To: RU R-4 RU LMDR Atlas Page: 251B Attachment number 1 \nPage 3 of 7 Item # 7 S:\Planning Department\C D B\Annexations (ANX)\Active Cases\Lantana Ave 2080 ANX2013-04010 - Mitchem\Maps\ANX2013- 04010 Future Land Use Map.doc RM RU RU RM RH RU RU RU RU RU RU RU RU RM RU RU RM RU RU RM RU RU RH RURU RU RU RM RU RMRM WATER WATER RU UNION ST BETTY LN IDLEWILD DR THE MALL ARBELIA ST POINSETTA AVE EVERGREEN AVE LANTANA AVE PALM ST GARDENIA CT BERMUDA ST 2088 2040 2025 2044 2080 2084 2066133013222077207613311317 2063 2049 2057 2071 2081 1345134113372075 2079 2071 1353134913552067 2060 2001 2061 2068 2070 2072 20801309 2071 2079 2083 2047 2048 2052 131013002063 2065 2067 2069 2010 2020 2026 2028 13101300202513012022 2024 2028 20301291 129612861290129220441293127912762060 2064 20661293128312791282127812831275 2048 2050 2060 2058 2056 2064 2035 2039 2043 2017 2021 2075 2031 2080 2084 2077 2000 2049 2053 13902019 1325131712771275127412731333-Not to Scale--Not a Survey- FUTURE LAND USE MAP Owner: Mitchem, Lilly M. Case: ANX2013-04010 Site: 2080 Lantana Avenue Property Size (Acres): 0.129 acres Land Use Zoning PIN: 03-29-15-12060-003-0070 From : To: RU R-4 RU LMDR Atlas Page: 251B RU Attachment number 1 \nPage 4 of 7 Item # 7 S:\Planning Department\C D B\Annexations (ANX)\Active Cases\Lantana Ave 2080 ANX2013-04010 - Mitchem\Maps\ANX2013- 04010 Zoning Map.doc LMDR UNION ST BETTY LN IDLEWILD DR THE MALL ARBELIA ST POINSETTA AVE EVERGREEN AVE LANTANA AVE PALM ST GARDENIA CT BERMUDA ST MDR LMDR HDR LMDR MDR LMDR 2088 2040 2025 2044 2080 2084 133013222077 207613311317 2063 2049 2084 2071 2077 2081 1345134113372075 2079 2071 1353134913552000 2049 2067 2060 2001 2061 13902068 2070 2072 20801309 2071 2079 2083 2047 2048 2052 131013002063 2065 2067 2069 2010 2020 2026 2028 131013002025 2019 1325131713012022 2024 2028 20301291 1296128620441293127912762060 2064 20661293128312791282127812831275 2048 2050 2060 2058 13332056 2064 2035 2039 2043 2017 2021 2075 2031 2066 2057 2080 2053 129012921277127512741273-Not to Scale--Not a Survey- ZONING MAP Owner: Mitchem, Lilly M. Case: ANX2013-04010 Site: 2080 Lantana Avenue Property Size (Acres): 0.129 acres Land Use Zoning PIN: 03-29-15-12060-003-0070 From : To: RU R-4 RU LMDR Atlas Page: 251B LMDR Attachment number 1 \nPage 5 of 7 Item # 7 S:\Planning Department\C D B\Annexations (ANX)\Active Cases\Lantana Ave 2080 ANX2013-04010 - Mitchem\Maps\ANX2013- 04010 Existing Surrounding Uses Map.doc 60 60 60 60 606060606060 6060 87.7 6015401587.7 12060 9807 4 ABC D F G H I J K L M NE 12 3 4 5 6 7 8 9 10 11 12 13 14 15 16 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 7 8 1 2 3 4 5 6 7 8 9 10 11 12 1 2 3 4 5 6 7 8 9 10 11 1 2 3 4 5 6 7 8 9 10 11 12 1314 15 16 17 18192021222324 (25) 1 2 3 4 5 6 4 5 6 7 8 90 16 17 18 19 20 21 28 29 30 22 23 24 1 2 5 6 7 8 9 10 11 12 1 2 3 4 5 6 78 9 10 1 2 3 4 5 6 78 9 10 1 2 3 4 5 6 78 9 10 12 3 4 5 6 78 9 10 1 2 8 9 10 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 63 30 36 50 9 10 11 6869707172737475106107 108 109 110 111 1 1 1 UNION ST BETTY LN IDLEWILD DR THE MALL ARBELIA ST POINSETTA AVE EVERGREEN AVE LANTANA AVE PALM ST 2088 2040 2044 2080 2084 206613301322207713311317 2063 2049 2057 2084 2071 2081 1345134113372075 2079 20711349 13552000 2049 2053 2067 2060 2061 2068 2070 2072 20801309 2071 2083 2047 2048 13002069 2010 2020 2026 2028 131013002025 2019 1325131713012022 20301291 12961290129220441293127912762060 2064 2066129312791282127812831275 2048 2050 2060 2058 13332056 2064 2035 2039 2017 2075 2031 2025 2076 2080 2077 13532001 13902079 2052 13102063 2065 2067 2024 2028 1286127712831275127412732043 2021 -Not to Scale--Not a Survey- EXISTING SURROUNDING USES MAP Owner: Mitchem, Lilly M. Case: ANX2013-04010 Site: 2080 Lantana Avenue Property Size (Acres): 0.129 acres Land Use Zoning PIN: 03-29-15-12060-003-0070 From : To: RU R-4 RU LMDR Atlas Page: 251B Vacant lots Single Family Homes Single Family Homes Retail Sales & Services Single Family Homes Multi Family Homes Vacant lots Single Family Homes Attachment number 1 \nPage 6 of 7 Item # 7 ANX2013-04010 Mitchem, Lilly M. 2080 Lantana Ave. View looking west at the subject property, 2080 Lantana Avenue North of the subject property Across the street, to the east of the subject property South of the subject property View looking northerly along Lantana Avenue View looking southerly along Lantana Avenue Attachment number 1 \nPage 7 of 7 Item # 7 Ordinance No. 8420 -13 ORDINANCE NO. 8420-13 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTY LOCATED ON THE NORTHWEST CORNER OF LANTANA AVENUE AND ARBELIA STREET, CONSISTING OF BROOK LAWN BLOCK C, LOT 7, WHOSE POST OFFICE ADDRESS IS 2080 LANTANA AVENUE, INTO THE CORPORATE LIMITS OF THE CITY, AND REDEFINING THE BOUNDARY LINES OF THE CITY TO INCLUDE SAID ADDITION; PROVIDING AN EFFECTIVE DATE. WHEREAS, the owner of the real property described herein and depicted on the map attached hereto as Exhibit A has petitioned the City of Clearwater to annex the property into the City pursuant to Section 171.044, Florida Statutes, and the City has complied with all applicable requirements of Florida law in connection with this ordinance; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following-described property is hereby annexed into the City of Clearwater and the boundary lines of the City are redefined accordingly: Lot Seven, Block C, in Brook Lawn according to map or plat thereof as recorded in Plat Book 13, Page 59 of the Public Records of Pinellas County, Florida (ANX2013-04010) The map attached as Exhibit A is hereby incorporated by reference. Section 2. The provisions of this ordinance are found and determined to be consistent with the City of Clearwater Comprehensive Plan. The City Council hereby accepts the dedication of all easements, parks, rights-of-way and other dedications to the public, which have heretofore been made by plat, deed or user within the annexed property. The City Engineer, the City Clerk and the Planning and Development Director are directed to include and show the property described herein upon the official maps and records of the City. Section 3. This ordinance shall take effect immediately upon adoption. The City Clerk shall file certified copies of this ordinance, including the map attached hereto, with the Clerk of the Circuit Court and with the County Administrator of Pinellas County, Florida, within 7 days after adoption, and shall file a certified copy with the Florida Department of State within 30 days after adoption. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Attachment number 2 \nPage 1 of 8 Item # 7 Ordinance No. 8420 -13 ________________________________ George N. Cretekos Mayor Approved as to form: Attest: ___________________________ _____________________________ Leslie K. Dougall-Sides Rosemarie Call Assistant City Attorney City Clerk Attachment number 2 \nPage 2 of 8 Item # 7 Attachment number 2 \nPage 3 of 8 Item # 7 Ordinance No. 8421-13 ORDINANCE NO. 8421-13 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE FUTURE LAND USE PLAN ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY, TO DESIGNATE THE LAND USE FOR CERTAIN REAL PROPERTY LOCATED ON THE NORTHWEST CORNER OF LANTANA AVENUE AND ARBELIA STREET, CONSISTING OF BROOK LAWN BLOCK C, LOT 7, WHOSE POST OFFICE ADDRESS IS 2080 LANTANA AVENUE, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS RESIDENTIAL URBAN (RU); PROVIDING AN EFFECTIVE DATE. WHEREAS, the amendment to the future land use plan element of the comprehensive plan of the City as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's comprehensive plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The future land use plan element of the comprehensive plan of the City of Clearwater is amended by designating the land use category for the hereinafter described property, upon annexation into the City of Clearwater, as follows: Property Land Use Category Lot Seven, Block C, in Brook Lawn according Residential Urban (RU) to map or plat thereof as recorded in Plat Book 13, Page 59 of the Public Records of Pinellas County, Florida (ANX2013-04010) The map attached as Exhibit A is hereby incorporated by reference. Section 2. The City Council does hereby certify that this ordinance is consistent with the City’s comprehensive plan. Section 3. This ordinance shall take effect immediately upon adoption, contingent upon and subject to the adoption of Ordinance No. 8420-13. PASSED ON FIRST READING _____________________ PASSED ON SECOND AND FINAL _____________________ READING AND ADOPTED __________________________ George N. Cretekos Mayor Approved as to form: Attest: __________________________ __________________________ Leslie K. Dougall-Sides Rosemarie Call Assistant City Attorney City Clerk Attachment number 2 \nPage 4 of 8 Item # 7 Attachment number 2 \nPage 5 of 8 Item # 7 Ordinance No. 8422 -13 ORDINANCE NO. 8422-13 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY ZONING CERTAIN REAL PROPERTY LOCATED ON THE NORTHWEST CORNER OF LANTANA AVENUE AND ARBELIA STREET, CONSISTING OF BROOK LAWN BLOCK C, LOT 7, WHOSE POST OFFICE ADDRESS IS 2080 LANTANA AVENUE, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS LOW MEDIUM DENSITY RESIDENTIAL (LMDR); PROVIDING AN EFFECTIVE DATE. WHEREAS, the assignment of a zoning district classification as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's comprehensive plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following described property located in Pinellas County, Florida, is hereby zoned as indicated upon annexation into the City of Clearwater, and the zoning atlas of the City is amended, as follows: Property Zoning District Lot Seven, Block C, in Brook Lawn according Low Medium Density To map or plat thereof as recorded in Plat Residential (LMDR) Book 13, Page 59 of the Public Records of Pinellas County, Florida (ANX2013-04010) The map attached as Exhibit A is hereby incorporated by reference. Section 2. The City Engineer is directed to revise the zoning atlas of the City in accordance with the foregoing amendment. Section 3. This ordinance shall take effect immediately upon adoption, contingent upon and subject to the adoption of Ordinance No. 8420-13 PASSED ON FIRST READING ___________________________ PASSED ON SECOND AND FINAL ___________________________ READING AND ADOPTED Attachment number 2 \nPage 6 of 8 Item # 7 Ordinance No. 8422 -13 _______________________________ George N. Cretekos Mayor Approved as to form: Attest: __________________________ ______________________________ Leslie K. Dougall-Sides Rosemarie Call Assistant City Attorney City Clerk Attachment number 2 \nPage 7 of 8 Item # 7 Attachment number 2 \nPage 8 of 8 Item # 7 City Council Agenda Council Chambers - City Hall Meeting Date:7/18/2013 SUBJECT / RECOMMENDATION: Approve a Development Agreement between Bay Esplanade Project LLC (the property owner) and the City of Clearwater, providing for the allocation of 55 overnight accommodation units from the Hotel Density Reserve under Beach by Design; adopt Resolution 13-04, and authorize the appropriate officials to execute same. (DVA2013-02001) SUMMARY: The 0.95 acre subject property is located at the northeast corner of the Poinsettia Avenue and Bay Esplanade. The property consists of the following five parcels of vacant land 05/29/15/54756/082/0010; 05/29/15/54756/082/0020; 05/29/15/54756/082/0110; 05/29/15/54756/082/0120; and 05/29/15/54756/082/0130). The property is located within the Tourist (T) District and the Resort Facilities High (RFH) Future Land Use Plan category. The subject property is located in the Old Florida character district of Beach by Design. The owners of the property propose to build a six-story, 102-room overnight accommodation with a building footprint of 29,332 square feet with 131 off-street parking spaces. The building will be 75 feet in height (from base Flood Elevation to mid-point of decorative roof structure) and 78.4 feet in height (to top of elevator shaft room). The Old Florida character district provides a set of development parameters addressing building height, minimum setbacks, required building stepbacks, landscape buffers and parking/vehicular access. These development parameters supersede any conflicting statements contained within the Design Guidelines of Beach by Design and the Community Development Code. Furthermore, the Design Guidelines of Beach by Design provide that “Any issue not addressed in [the] Design Guidelines shall be governed by the requirements of the Community Development Code.” The site plan and building design complied with the Old Florida character district standards, Beach by Design guidelines, and the applicable development standards of the Community Development Code. On June 6, 2013, the Development Review Committee recommended approval of a Flexible Standard Development application to permit a 102-room overnight accommodation use (FLS2013-02006). The Development Agreement proposes to allow 102 overnight accommodation units with a density of 107.7 rooms per acre on net lot acreage, which includes the allocation of 55 units from the Hotel Density Reserve on a lot of 41,232 square feet of lot area, which is below the maximum density of 150 units per acre as set forth in Beach by Design special area plan. A total of 131 off-street parking spaces will be provided in the first three levels of the hotel. The number of parking spaces complies with the development standard of 1.2 spaces per unit as set forth in the Community Development Code. The development proposal will not degrade the Level of Service (LOS C or better) on surrounding transportation facilities nor adversely affect the nearby signalized intersection which is consistent with Metropolitan Planning Organizations concurrency management for transportation facilities. The proposal is in compliance with the standards for development agreements, is consistent with the Comprehensive Plan and furthers the vision of beach redevelopment set forth in Beach by Design. The proposed Development Agreement will be in effect for a period not to exceed ten (10) years, meets the criteria for the allocation of units from the Hotel Density Reserve under Beach by Design and includes the following main provisions: · Provides for the allocation of 55 units from the Hotel Density Reserve; · Requires the return of any hotel unit obtained from the Hotel Density Reserve that is not constructed; · For units allocated from the Hotel Density Reserve, prohibits the conversion of any hotel unit to a residential use and requires the recording of a covenant restricting use of such hotel units to overnight accommodation usage; and · Requires a legally enforceable mandatory evacuation/closure covenant that the hotel will be closed as soon as practicable after a hurricane watch that includes Clearwater Beach is posted by the National Hurricane Center. The Community Development Board reviewed this Development Agreement at its public hearing on June 18, 2013, and recommended approval. Review Approval: Cover Memo Item # 8 DEVELOPMENT AGREEMENT THIS DEVELOPMENT AGREEMENT ("AGREEMENT") is dated the _______ day of _______________, 2013, and entered into between Bay Esplanade Project, LLC, a Florida Limited Liability Company("Developer"), its successors and assigns, and the CITY OF CLEARWATER, FLORIDA, a political subdivision of the State of Florida acting through its City Council, the governing body thereof ("City"). RECITALS: WHEREAS, one of the major elements of the City's revitalization effort is a preliminary plan for the revitalization of Clearwater Beach entitled Beach by Design; and WHEREAS, Sections 163.3220 - 163.3243, Florida Statutes, which set forth the Florida Local Government Development Agreement Act ("Act"), authorize the City to enter into binding development agreements with persons having a legal or equitable interest in real property located within the corporate limits of the City; and WHEREAS, under Section 163.3223 of the Act, the City has adopted Section 4- 606 of the City of Clearwater Community Development Code ("Code"), establishing procedures and requirements to consider and enter into development agreements; and WHEREAS, Beach by Design proposed additional hotel units to equalize development opportunities on the beach and ensure Clearwater Beach remains a quality, family resort community by further providing for a limited pool of additional hotel units ("Hotel Density Reserve") to be made available for such mid-sized hotel projects; and WHEREAS, the Developer controls approximately 0.95 acres of real property ("Property") in the corporate limits of the City, more particularly described on Exhibit "A" attached hereto and incorporated herein; and WHEREAS, the Developer desires to develop the Property to add overnight accommodation units, minimal meeting space for guest use, pool/tiki bar, lobby and parking with parking spaces, generally conforming to the architectural elevation dimensions shown in composite Exhibit "B”; and WHEREAS, upon completion the planned resort will contain 102 units, which includes Fifty-five (55) units from the available Hotel Density Reserve: WHEREAS, the City has conducted such hearings as are required by and in accordance with Chapter 163.3220 Fla. Stat. (2012) 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 Attachment number 1 \nPage 1 of 23 Item # 8 2 WHEREAS, the City has conducted public hearings as required by §§ 4-206 and 4-606 of the Community Development Code; and WHEREAS, at a duly called public meeting on ______________________, 2013, 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 FLD2013- ______ on ________________, 2013, conditioned upon the approval and execution of this Agreement; and WHEREAS, approval of this Agreement is in the interests of the City in furtherance of the City's goals of enhancing the viability of the resort community and in furtherance of the objectives of Beach by Design; and WHEREAS, Developer has approved this Agreement and has duly authorized certain individuals to execute this Agreement on Developer's behalf. STATEMENT OF AGREEMENT In consideration of and in reliance upon the premises, the mutual covenants contained herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto intending to be legally bound and in accordance with the Act, agree as follows: SECTION 1. Recitals. The above recitals are true and correct and are a part of this Agreement. SECTION 2. Incorporation of the Act. This Agreement is entered into in compliance with and under the authority of the Code and the Act, the terms of which as of the date of this Agreement are incorporated herein by this reference and made a part of this Agreement. Words used in this Agreement without definition that are defined in the Act shall have the same meaning in this Agreement as in the Act. SECTION 3. Property Subject to this Agreement. The Property described in Exhibit "A" is subject to this Agreement ("Property"). 3.1 The Property currently has a land use designation of Resort Facilities High (RFH) and is zoned Tourist (T). 3.2. The Property is owned in fee simple or under contract to be owned in fee simple by the Developer. 3.3 The Property is generally located at 650 Bay Esplanade, Clearwater, FL 33767 as more further described in Exhibit “A”. Attachment number 1 \nPage 2 of 23 Item # 8 3 SECTION 4. Scope of Project. 4.1 The Project shall consist of no more than one-hundred two (102) overnight accommodation units, including fifty-five (55) units from the City’s Hotel Density Reserve, as defined in Beach by Design. Such units may be traditional hotel rooms or fractional ownership units, as defined by the Community Development Code. 4.2 The Project shall include 131 parking spaces, as defined in the Community Development Code. 4.3 The design of the Project, as represented in Exhibit “B”, is consistent with Beach by Design, except as otherwise shown on Exhibit “B”. 4.4 No more than 25% of overnight accommodation units shall have full kitchens. Such kitchens shall be limited to those units identified on the plans in Exhibit "B" as "suites" and shall not be located in any unit received from the Hotel Density Reserve. 4.5 The height shall not exceed seventy-five (75) feet from Base Flood Elevation, as defined in the Code. SECTION 5. Effective Date/Duration of this Agreement. 5.1 This Agreement shall not be effective until this Agreement is properly recorded in the public records of Pinellas County, Florida, and thirty (30) days have elapsed after having been received by the Department of Community Affairs pursuant to Florida Statutes Section 163.3239 and Clearwater Community Development Code Section 4606G. 2." 5.2 Within fourteen (14) days after the City approves the execution of this Agreement, the City shall record the Agreement with the Clerk of the Circuit Court for Pinellas County. The Developer shall pay the cost of such recording. The City shall submit to the Department of Community Affairs a copy of the recorded Agreement within fourteen (14) days after the Agreement is recorded. 5.3 This Agreement shall continue in effect until terminated, as defined herein, but for a period not to exceed ten (10) years. SECTION 6. Obligations under this Agreement. 6.1 Obligations of the Developer: 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. Attachment number 1 \nPage 3 of 23 Item # 8 4 6.1.2 At the time of development of the Property, the Developer will submit such applications and documentation as are required by law and shall comply with the City's Code applicable at the time of building permit review. 6.1.3 The following restrictions shall apply to development of the Property: 6.1.3.1 The Property and improvements located thereon shall be developed in substantial conformance with the Site Plan attached as Exhibit "B" and approved by the Community Development Board ("CDB") as case number DVA 2013-02001. Any minor revisions or changes to the Site Plan shall be consistent with the approved Site Plan and shall be approved by the Planning Director as a minor modification, pursuant to the Code. Any modifications determined by the Planning Director as either inconsistent with the approved Site Plan or constituting a substantial deviation from the approved Site Plan, as defined in the Code, 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 permits and commenced construction on the development within four (4) years from the effective date of this Agreement ("Commencement Date"). Nothing herein shall restrict Developer from seeking an extension of this Agreement, and the Commencement Date, pursuant to the Code. 6.1.3.3 The Developer shall execute, prior to commencement, a mandatory evacuation/closure covenant, substantially in the form of Exhibit "C", that the accommodation use will closed as soon as practicable after a hurricane watch that includes Clearwater Beach is posted by the National Hurricane Center. 6.1.4 Covenant of Unified Use. Prior to the issuance of the first building permit for the Project, the Developer hereby agrees to execute the covenant of unified use and development for the Project Site providing that the Project Site shall be developed and used as a single project, the form of which covenant is attached as Exhibit "D"; provided however, that nothing shall preclude the Developer from selling the Fractional Share Units or from selling all or a portion of the Developer's Property in the event that Developer determines not to construct the Project. It is understood and agreed that, in the event that the Developer enters into the anticipated covenant of unified use and development, and the Developer elects not to construct the Project and notifies the City of its election in writing, and, alternatively, as of the date of expiration, termination or revocation any rights of Developer to incorporate the Hotel Density Reserve Units into the Project, the City shall execute and deliver to the Developer a termination of such covenant of Attachment number 1 \nPage 4 of 23 Item # 8 5 unified use and development suitable for recording in the Public Records of Pinellas County, Florida. 6.1.5 Return of Units to Hotel Density Reserve. Any units granted to Developer from the Hotel Density Reserve not timely constructed in conjunction with the Project approved by FLS 2013-02006 shall be returned to the Hotel Density Reserve and be unavailable to Developer for use on this Project. 6.1.6 Transient Use. Occupancy in the overnight accommodation units from the Hotel Density Reserve is limited to a term of less than one (1) month or thirty (30) consecutive days, whichever is less. Nothing herein shall prevent a purchaser of a fractional share unit, if applicable, from owning a period of time greater than thirty (30) days, provided every occupancy is limited to thirty (30) consecutive days or one (1) month. 6.1.7 Inspection of Records. Developer shall make available for inspection to the City its books and records pertaining to each Hotel Density Reserve unit upon reasonable notice to confirm compliance with these regulations as allowed by general law. 6.2 Obligations of the City. 6.2.1 The City shall promptly process site and construction plan applications for the Property that are consistent with the Comprehensive Plan and the Concept Plan and that meet the requirements of the Code. 6.2.2 The final effectiveness of the re-designations referenced in Section 6.2.1 is subject to: 6.2.2.1 The provisions of Chapters 163 and 166, Florida Statutes, as they may govern such amendments; and 6.2.2.2 The expiration of any appeal periods or, if an appeal is filed, at the conclusion of such appeal. 6.2.3 The Project shall receive Fifty-Five (55) 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. With respect to transportation and other public infrastructure and services subject to concurrency requirements, all applicable concurrency provisions for the proposed development have been met, including the Metropolitan Planning Organization concurrency management . Attachment number 1 \nPage 5 of 23 Item # 8 6 7.1 Potable water is available from the City. The Developer shall be responsible for all necessary main extensions and applicable connection fees. 7.2 Sewer service is currently provided by the Cit y. The Developer shall be responsible for all necessary main extensions and applicable connection fees. 7.3 Fire protection from the City. 7.4 Drainage facilities for the Property will be provided by the Developer at the Developer's sole expense. 7.5 All improvements associated with the public facilities identified in Subsections 7.1 through 7.4 shall be completed prior to the issuance of any certificate of occupancy. SECTION 8. Required Local Government Permits. The required local government development permits for development of the Property include, without limitation, the following: 8.1 Site plan approval(s) and associated utility licenses, access, and right-of- way utilization permits; 8.2 Construction plan approval(s); 8.3 Building permit(s); and 8.4 Certificate(s) of occupancy. SECTION 9. Consistency. The City finds that development of the Property is consistent with the terms this Agreement is consistent with the City Comprehensive Plan and the Code. SECTION 10. Termination. 10.1 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: Attachment number 1 \nPage 6 of 23 Item # 8 7 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: Bay Esplanade Project, LLC, a Limited Liability Company c/o deNunzio Group, LLC 305 Cambridge Street, Suite 3 Cambridge, MA 02141 Tel: 617-945-2555 With Copy to: Katherine E. Cole, Esq. Hill Ward Henderson 311 Park Place, Suite 240 Clearwater, FL 33759 If to City: City of Clearwater, City Attorney ATTN: Pamela Akin, Esq. 112 South Osceola Avenue Clearwater, FL 33756 Properly addressed, postage prepaid, notices or communications shall be deemed delivered and received on the day of hand delivery, the next business day after deposit with an overnight courier service for next day delivery, or on the third 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: Attachment number 1 \nPage 7 of 23 Item # 8 8 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 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. Attachment number 1 \nPage 8 of 23 Item # 8 9 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 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, to the Attachment number 1 \nPage 9 of 23 Item # 8 10 extent that the purpose of this Agreement or the benefits sought to be received hereunder are frustrated, such party shall have the right to terminate this Agreement upon fifteen (15) days written notice to the other parties. SECTION 22. Code Amendments. Subsequently adopted ordinances and codes of the City which is of general application not governing the development of land shall be applicable to the Property, and such modifications are specifically anticipated in this Agreement. SECTION 23. Governing Law. This Agreement shall be governed by, and construed in accordance with the laws of the State of Florida without regard to the conflict of laws principles of such state. SECTION 24. Counterparts. This Agreement may be executed in counterparts, all of which together shall continue one and the same instrument. SECTION 25. Amendment. This Agreement may be amended by mutual written consent of the City, the Developer, and the Association so long as the amendment meets the requirements of the Act, applicable City ordinances, and Florida law. IN WITNESS WHEREOF, the parties have hereto executed this Agreement the date and year first above written. In the Presence of: ______________________________ __________________________________ Print Name_____________________ ______________________________ Print Name_____________________ As to “Developer” CITY OF CLEARWATER, FLORIDA _______________________________ By: ____ Print Name:______________________ William B Horne II, City Manager ________________________________ Print Name_______________________ As to “City” Attest: Attachment number 1 \nPage 10 of 23 Item # 8 11 __________________________________ Rosemarie Call, City Clerk Countersigned: __________________________________ George Cretekos, Mayor Approved as to Form: __________________________________ Leslie K. Dougall-Sides Assistant City Attorney STATE OF FLORIDA COUNTY OF PINELLAS The foregoing instrument was acknowledged before me this _____ day of _______________, 2013, by _______________ He is [ ] personally known to me or has [ ] produced _________________________________ as identification. __________________________________ Notary Public Print Name:_________________________ My Commission Expires: STATE OF FLORIDA COUNTY OF PINELLAS The foregoing instrument was acknowledged before me this ______ day of ____________________, 2013, by WILLIAM B. HORNE, II, as City Manager of the City of Clearwater, Florida, who is [ ] personally known to me or who has [ ] produced _____________________________ as identification. Attachment number 1 \nPage 11 of 23 Item # 8 12 __________________________________ Notary Public Print Name:_________________________ My Commission Expires: Attachment number 1 \nPage 12 of 23 Item # 8 13 Attachment number 1 \nPage 13 of 23 Item # 8 14 EXHIBIT “A” Legal Description of Project Site PARCEL 1 LOT 1, BLOCK 82, UNIT NO. 5, MANDALAY REPLAT, ACCORDING TO THE MAP OR PLAT THEREOF AS RECORDED IN PLAT BOOK 20, PAGE 27, OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA AND PLAT BOOK 20, PAGE 48, PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA. PARCEL 2 LOT 2, BLOCK 82, MANDALAY UNIT #5, ACCORDING TO THE MAP OR PLAT THEREOF, AS RECORDED IN PLAT BOOK 20, PAGE 27, PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA, LOT 2, FURTHER DESCRIBED AS FOLLOWS: FROM THE NORTHWEST CORNER OF BLOCK 82, OF UNIT 5, MANDALAY, AS RECORDED IN PLAT BOOK 20, PAGE 48, PINELLAS COUNTY RECORDS, RUN SOUTH ALONG THE EAST LINE OF CHEROKEE AVENUE, 248 FEET FOR POB, THENCE RUN N88°04'43"E, 121 FEET; THENCE RUN S01°37'47"E, 70 FEET; THENCE RUN S88°06'02"W, 123 FEET TO THE EAST LINE OF CHEROKEE AVENUE; THENCE RUN NORTH 70 FEET TO POB. (CHEROKEE AVENUE IS NOW KNOWN AS POINSETTIA AVENUE) PARCEL 3 LOT 11, BLOCK 82, MANDALAY UNIT NO. 5, ACCORDING TO THE MAP OR PLAT THEREOF, RECORDED IN PLAT BOOK 20, PAGE 27, AND PLAT BOOK 20, PAGE 48, OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA. PARCEL 4 LOT 12, BLOCK 82, MANDALAY UNIT NO. 5, ACCORDING TO THE MAP OR PLAT THEREOF, RECORDED IN PLAT BOOK 20, PAGE 27, AND PLAT BOOK 20, PAGE 48, OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA. PARCEL 5 LOT 13, BLOCK 82, MANDALAY UNIT NO. 5, ACCORDING TO THE MAP OR PLAT THEREOF, RECORDED IN PLAT BOOK 20, PAGE 27, AND PLAT BOOK 20, PAGE 48, OF THE PUBLIC RECORDS OF PINELLAS Attachment number 1 \nPage 14 of 23 Item # 8 15 EXHIBIT “B” Site Plan Attachment number 1 \nPage 15 of 23 Item # 8 16 Attachment number 1 \nPage 16 of 23 Item # 8 17 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 _________________, 2013, by Bay Esplanade Project, LLC, a Florida Limited Liability Company ("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 it's 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-size 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 ____________, 2013, Developer's application for Hotel Density Reserve Units pursuant to the Designation, subject to Developer's compliance with the requirements of the Designation. Developer desires for itself, and its successors and assigns, as owner, to establish certain rights, duties, obligations and responsibilities with respect to the use and operation of the Real Property in accordance with the terms and conditions of the allocation of the Hotel Density Reserve Units to the City and the Designation, which rights, duties, obligations and responsibilities shall be binding on any and all successors and assigns and will run with the title to the Real Property. THEREFORE, in consideration of the covenants and restrictions herein set forth and to be observed and performed, and in further consideration of the allocation of Hotel Density Reserve Units to Developer, and other good and valuable consideration, the sufficiency of which is hereby acknowledged, Developer hereby declares, covenants and agrees as follows: 1. Benefit and Enforcement. These covenants and restrictions are made for the benefit of Developer and its successors and assigns and shall be enforceable by them and also for the benefit of the residents of the City and shall be enforceable on behalf of said residents by the City Council of the City. 2. Covenant of Development, Use and Operation. Developer hereby covenants and agrees to the development, use and operation of the Real Property in accordance with the provisions of this Declaration. 2.1 Use. The use of the resort on the Real Property is restricted as follows: Attachment number 1 \nPage 17 of 23 Item # 8 18 2.1.1 A minimum of Fifty-five 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 units shall be licensed as a public lodging establishment. No unit shall be used as a primary or permanent residence. 2.1.3 As used herein, the terms "transient occupancy," "public lodging establishment," "hotel," "time share," and "operator" shall have the meaning given to such terms in Chapter 509, Part I, Florida Statutes (2012). 2.2 Closure of Improvements and Evacuation. The Hotel developed on the Real Property shall be closed as soon as practicable upon the issuance of a hurricane watch by the National Hurricane Center, which hurricane watch includes Clearwater Beach, and all Hotel guests, visitors and employees other than emergency and security personnel required to protect the resort, shall be evacuated from the Hotel as soon as practicable following the issuance of said hurricane watch. In the event that the National Hurricane Center shall modify the, terminology employed to warn of the approach of hurricane force winds, the closure and evacuation provisions of this Declaration shall be governed by the level of warning employed by the National Hurricane Center which precedes the issuance of a forecast of probable landfall in order to ensure that the guests, visitors and employees will be evacuated in advance of the issuance of a forecast of probable landfall. 3 Effective Date. This Declaration shall become effective upon issuance of all building permits required to build the project ("Project") and Developer's commencement of construction of the Project, as evidence by a Notice of Commencement for the Project. This Declaration shall expire and terminate automatically if and when the allocation of Reserve Units to the Developer expires or is terminated. 4 Governing Law. This Declaration shall be construed in accordance with and governed by the laws of the State of Florida. 5 Recording. This Declaration shall be recorded in the chain of title of the Real Property with the Clerk of the Courts of Pinellas County, Florida. 6 Attorneys' Fees. Developer shall reimburse the City for any expenses, including reasonable attorneys' fees, which are incurred by the City in the event that the City determines that it is necessary and appropriate to seek judicial enforcement of this Declaration and the City obtains relief, whether by agreement of the parties or through order of a court of competent jurisdiction. 7 Severability. If any provision, or part thereof, of this Declaration or the application of this Declaration to any person or circumstance will be or is declared to any extent to e invalid or unenforceable, the remainder of this Declaration, or the application of such provision or portion thereof to any person or circumstance, shall not be affected thereby, and each and every other provision of this Declaration shall be valid and enforceable to the fullest extent permitted by law. IN WITNESS WHEREOF, Developer has caused this Declaration to be executed this _____ day of ______________, 2013. In the Presence of: Bay Esplanade Project, LLC, a Florida limited Liability company Attachment number 1 \nPage 18 of 23 Item # 8 19 ______________________________ By:__________________________________ Print Name_____________________ Dustin de Nunzio ______________________________ Print Name_____________________ As to “Developer” CITY OF CLEARWATER, FLORIDA _______________________________ By: ____ Print Name:______________________ William B Horne II, City Manager ________________________________ Print Name_______________________ As to “City” Attest: __________________________________ Rosemarie Call, City Clerk Countersigned: __________________________________ George Cretekos, Mayor Approved as to Form: __________________________________ Leslie K. Dougall-Sides Assistant City Attorney STATE OF FLORIDA COUNTY OF PINELLAS The foregoing instrument was acknowledged before me this _____ day of _______________, 2013, by _______________ He is [ ] personally known to me or has [ ] produced _________________________________ as identification. __________________________________ Notary Public Print Name:_________________________ My Commission Expires: Attachment number 1 \nPage 19 of 23 Item # 8 20 STATE OF FLORIDA COUNTY OF PINELLAS The foregoing instrument was acknowledged before me this ______ day of ____________________, 2013, by WILLIAM B. HORNE, II, as City Manager of the City of Clearwater, Florida, who is [ ] personally known to me or who has [ ] produced _____________________________ as identification. __________________________________ Notary Public Print Name:_________________________ My Commission Expires: Attachment number 1 \nPage 20 of 23 Item # 8 21 EXHIBIT “D” COVENANT OF UNIFIED USE PLEASE RETURN RECORDED DOCUMENT TO: __________________________________________ __________________________________________ _________________________________________ COVENANT OF UNIFIED USE THIS COVENANT OF UNIFIED USE (the "Agreement") is executed this _____ day of _____________, 2013, by Bay Esplanade Project, LLC (“Developer"). WITNESSETH: WHEREAS, Developer is the owner of the real property legally described on Schedule "A" attached hereto and incorporated herein by reference (the "Real Property"); and WHEREAS, Developer and the City of Clearwater, Florida (the "City") are parties to that certain Development Agreement dated ___________, 2013 (the "Development Agreement"), pursuant to which the City has agreed that Developer may develop and construct upon the Real Property a hotel project as described in the Development Agreement (the "Project"); and WHEREAS, Developer intends to develop and operate the Real Property for a unified use, as more particularly described in this Agreement. NOW, THEREFORE, in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Developer does hereby agree that, effective as of the date on which Developer receives all permits required to construct the Project and Developer commences construction thereof, as evidenced by a Notice of Commencement for the Project, the Real Property shall be developed and operated as a hotel and fractional share/interval ownership project, as described in the Development Agreement. The restrictions set forth in the preceding sentence shall expire automatically when and if Developer's allocation of additional hotel units (as defined in the Development Agreement) expires or is terminated. Nothing in this Agreement shall require Developer to develop the Project or restrict Developer's ability to sell, assign, transfer or otherwise convey its right in and to the Real Property or any portion or portions thereof to unrelated third-parties. Further, nothing in this Agreement shall preclude the purchase and sale of one or more Fractional Share Units to be constructed as a part of the Project (the "Fractional Ownership") (or Hotel Units (as defined in the Development Agreement) if sold in a condominium form of ownership), to separate, unrelated third parties, provided that such Fractional Share Ownership or Hotel Units are operated and occupied as part of the Project as a single unified project throughout the term of this Agreement. Developer agrees that the City shall have the right to enforce the terms and conditions of this Agreement. Notwithstanding the foregoing, all Hotel Units may be operated by a single hotel operator and all Fractional Share Units may be operated by a different, single management firm/operator. IN WITNESS WHEREOF, Developer has caused this Agreement to be executed this _____ day of ______________, 2013. Attachment number 1 \nPage 21 of 23 Item # 8 22 In the Presence of: Bay Esplanade Project, LLC, a Florida limited Liability company ______________________________ By:__________________________________ Print Name_____________________ Dustin de Nunzio ______________________________ Print Name_____________________ As to “Developer” CITY OF CLEARWATER, FLORIDA _______________________________ By: ____ Print Name:______________________ William B Horne II, City Manager ________________________________ Print Name_______________________ As to “City” Attest: __________________________________ Rosemarie Call, City Clerk Countersigned: __________________________________ George Cretekos, Mayor Approved as to Form: __________________________________ Leslie K. Dougall-Sides Assistant City Attorney STATE OF FLORIDA COUNTY OF PINELLAS The foregoing instrument was acknowledged before me this _____ day of ______________, 2013, by ___________________________ He is [ ] personally known to me or has [ ] produced _________________________________ as identification. __________________________________ Notary Public Print Name:_________________________ My Commission Expires: Attachment number 1 \nPage 22 of 23 Item # 8 23 STATE OF FLORIDA COUNTY OF PINELLAS The foregoing instrument was acknowledged before me this ______ day of ____________________, 2013, by WILLIAM B. HORNE, II, as City Manager of the City of Clearwater, Florida, who is [ ] personally known to me or who has [ ] produced _____________________________ as identification. __________________________________ Notary Public Print Name:_________________________ My Commission Expires: Attachment number 1 \nPage 23 of 23 Item # 8 Attachment number 2 \nPage 1 of 2 Item # 8 Attachment number 2 \nPage 2 of 2 Item # 8 Resolution No. 13-04 RESOLUTION NO. 13-04 A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA APPROVING A DEVELOPMENT AGREEMENT BETWEEN THE CITY OF CLEARWATER AND BAY ESPLANADE PROJECT, LLC; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Clearwater is desirous of entering into a development agreement with Bay Esplanade Project, LLC; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section1. The Development Agreement between the City of Clearwater and Bay Esplanade Project, LLC, a copy of which is attached as Exhibit “A,” is hereby approved. Section 2. This resolution shall take effect immediately upon adoption. Section 3. The City Clerk is directed to submit a recorded copy of the Development Agreement to the state land planning agency no later than fourteen (14) days after the Development Agreement is recorded. PASSED AND ADOPTED this _______ day of _____________, 2013. ____________________________ George N. Cretekos Mayor Approved as to form: Attest: __________________________ _____________________________ Leslie K. Dougall-Sides Rosemarie Call City Attorney City Clerk Attachment number 3 \nPage 1 of 1 Item # 8 Exhibit “B” Bay Esplanade Project, LLC Overnight Accommodations Development Agreement Application 650 Bay Esplanade Concurrent with this request, the Applicant has submitted an application for Flexible Standard Development for the construction of a hotel on the property. To maximize the use of the property and attract a “flag” that is suitable to the size and location of the property, the Applicant requests fifty‐five units from the hotel density pool established through Beach by Design. The hotel, while located on less than one‐acre, has the ability to attract a flag hotel and generate much‐needed redevelopment in this area. The request for additional units is consistent with the requirements for the grant of such units as included in Beach by Design. The proposed FAR and site density is consistent with the requirements. The proposed Development Agreement includes all statutory requirements, the required hurricane evacuation covenant and covenant of unified use. Attachment number 4 \nPage 1 of 1 Item # 8 COMMUNITY DEVELOPMENT BOARD PLANNING AND DEVELOPMENT DEPARTMENT STAFF REPORT MEETING DATE: June 18, 2013 AGENDA ITEM: F.2. CASE: DVA2013-02001 (Related to FLS2013-02006) REQUEST: Review, and recommendation to the City Council, of a Development Agreement between Bay Esplanade project, LLC (the property owner) and the City of Clearwater, providing for the allocation of 55 units from the Hotel Density Reserve with a building height of 75 feet (from base flood elevation to mid-point of decorative roof structure) and an overall density of 107.7 overnight accommodation units/rooms per acre where 150 units per acre is allowable under Beach by Design. GENERAL DATA: Agent Randy Austin; Landon, Moree & Associates Applicant / Owner.............. Bay Esplanade Project, LLC Location..................... 650 Bay Esplanade; the subject property is located on the northeast corner of the Poinsettia Avenue and Bay Esplanade intersection Property Size................. 0.95 Acres Future Land Use Plan Resort Facilities High (RFH) Zoning .. Tourist (T) District Special Area Plan.............. Beach by Design (Old Florida District) Adjacent Zoning... North: Tourist (T) District South: Tourist (T) District East: Tourist (T) District West: Tourist (T) District Existing Land Use............. Vacant land Proposed Land Use Overnight Accommodations AVE AVE E E SOMERSET ST SOMERSET ST BAY ESPLANADE BAY ESPLANADE ROYAL WAY ROYAL WAY Attachment number 5 \nPage 1 of 5 Item # 8 Community Development Board Level II Flexible Development Application Review ANALYSIS: Site Location and Existing Conditions: The 0.95 acre subject property northeast corner of the Poinsettia Avenue and Bay Esplanade. The property consists of the following five parcels of vacant land 05/29/15/54756/082/0010; 05/29/15/54756/082/0020; 05/29/15/54756/082/0110; 05/29/15/54756/082/0120; and 05/29/15/54756/082/0130). The adjacent property to the north consists of a three-story condominium building and its associated parking lot. The properties to the east across Bay Esplanade consist of a two motel, vacant land and attached dwelling units. The properties to the south, across Bay Esplanade, consist of single-story and two attached dwelling units. The property to the west, across Poinsettia Avenue, consists of multiple attached dwelling single Development Proposal: The owners of the property propose six-story, 102-room overnight accommodation with a building footprint of 29,332 square feet on 0.95 acres in the Old Florida character district in Beach by Design. The building will be 75 height (from base Flood Elevation to of decorative roof structure) and 78.4 height (to top of elevator shaft room). The proposal is to construct a 102 accommodation use at a density of 107.7 units per acre, which includes the allocation of 55 units from the Hotel Density Reserve under Beach by Design. The Development Review Committee reviewed and approved the site plan and building design at its June 6 subject to conditions. This Development Agreement (DVA2013-02001) must be approved by City Council, which provides for the allocation of the 55 units from the Hotel Density Reserve. This Development Agreement provides for the mandatory evacuation/closure of the hotel Community Development Board – June 18, 2013 DVA2013-02001 – Page 1 Development Application Review PLANNING & DEVELOPMENT DEVELOPMENT REVIEW DIVISION Site Location and Existing Conditions: The 0.95 acre subject property is located at the northeast corner of the Poinsettia Avenue and The property consists of the land: and rty to the north consists of a story condominium building and its associated parking lot. The properties to the east across Bay Esplanade consist of a two-story motel, vacant land and attached dwelling units. The properties to the south, across Bay story and two-story attached dwelling units. The property to the west, across Poinsettia Avenue, consists of multiple attached dwelling single-story buildings. The owners of the property propose to build a ight accommodation with a building footprint of 29,332 square feet on 0.95 acres in the Old Florida character district in . The building will be 75 feet in (from base Flood Elevation to mid-point of decorative roof structure) and 78.4 feet in height (to top of elevator shaft room). The proposal is to construct a 102-unit overnight accommodation use at a density of 107.7 units per acre, which includes the allocation of 55 units from the Hotel Density Reserve under . The Development Review Committee reviewed and approved the site plan June 6, 2013 meeting conditions. This Development 02001) must be approved by City Council, which provides for the f the 55 units from the Hotel Density Reserve. This Development Agreement provides for the mandatory evacuation/closure of the hotel PLANNING & DEVELOPMENT DEVELOPMENT REVIEW DIVISION Attachment number 5 \nPage 2 of 5 Item # 8 Community Development Board – June 18, 2013 DVA2013-02001 – Page 2 Level II Flexible Development Application Review PLANNING & DEVELOPMENT DEVELOPMENT REVIEW DIVISION 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. It also complies with the Beach by Design criterion that access to all rooms be through a lobby and internal corridors. Development Agreement: The Development Agreement is a requirement for the allocation of hotel units from the Hotel Density Reserve, adopted as an amendment to Beach by Design under Ordinance 7925-08 on July 17, 2008. A total of 1,385 hotel rooms were established under the Hotel Density Reserve where currently a total of 947 units are available within the density reserve; this development agreement proposal requests the allocation of 55 units from it. The City has established criteria to facilitate the allocation of the units. Such criteria includes that accessory uses shall be consistent with a hotel; that no hotel room can be converted to a residential use; that access to the hotel room must be through a lobby and internal corridors; that the hotel shall establish a reservation system with a lobby/front desk area; and that the development shall comply with the Metropolitan Planning Organizations (MPO) countywide approach to the application of the concurrency management for transportation facilities. The proposed redevelopment project meets the above criteria. The proposed Development Agreement will be in effect for a period not to exceed ten (10) years, meets the aforementioned criteria for the allocation of units from the Hotel Density Reserve under Beach by Design and also includes the following main provisions required for the allocation of hotel units: Provides for the allocation of 55 units from the Hotel Density Reserve; Requires the developer to obtain building permits and certificates of occupancy in accordance with Community Development Code (CDC) Section 4-407; Requires the return of any hotel unit obtained from the Hotel Density Reserve that is not constructed; For units allocated from the Hotel Density Reserve, prohibits the conversion of any hotel unit to a residential use and requires the recording of a covenant restricting use of such hotel units to overnight accommodation usage; and Requires a legally enforceable mandatory evacuation/closure covenant that the hotel will be closed as soon as practicable after a hurricane watch that includes Clearwater Beach is posted by the National Hurricane Center. The Community Development Board (CDB) has been provided with the most recent Development Agreement. The City Council may enter into Development Agreements to encourage a stronger commitment on comprehensive and capital facilities planning, to ensure the provision of adequate public facilities for development, to encourage the efficient use of resources, and to reduce the economic cost of development. The CDB is required to review the proposed Development Agreement and make a recommendation to the City Council. Attachment number 5 \nPage 3 of 5 Item # 8 Community Development Board – June 18, 2013 DVA2013-02001 – Page 3 Level II Flexible Development Application Review PLANNING & DEVELOPMENT DEVELOPMENT REVIEW DIVISION SUMMARY AND RECOMMENDATION: The Development Review Committee (DRC) reviewed the application and supporting materials at its meeting of June 6, 2013, and deemed the development proposal to be legally 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 and Development Department, having reviewed all evidence submitted by the applicant and requirements of the Community Development Code (CDC), finds that there is substantial competent evidence to support the following findings of fact: 1. That the applicants are requesting 55 units from the Hotel Density Reserve; 2. The 0.95 acre subject property is located on the northeast corner of the Poinsettia Avenue and Bay Esplanade intersection; 3. The subject property is currently five vacant lots that will be tied together under a Unity of Title; 4. That the subject property is located in the Tourist (T) District and the Resort High Facilities (RFH) future land use plan category; 5. That the subject property is located in the Old Florida District of Beach by Design and is subject to all applicable requirements set forth therein; 6. That the subject property has lot widths of 104 feet along Bay Esplanade (east), 289.98 feet along Bay Esplanade (south), and 182.06 feet along Poinsettia Avenue (west); 7. That the subject property will be 41,232 square feet in lot area; 8. The proposal is to construct a mid-priced 102-unit overnight accommodation use at a density of 107.7 units/acre, which includes the allocation of 55 units from the Hotel Density Reserve under Beach by Design; 9. The hotel is proposed at a height of 75 feet from the Base Flood Elevation (BFE) to the mid- point of decorative roof structure and 78.4 feet to top of elevator room; 10. That the subject property is located on the south side of Somerset Street and is more than 60 feet south of the southerly right-of-way line of Somerset Street will allows an overnight accommodation a maximum height of 75 feet; 11. That the hotel has a reservation system with an internal lobby front desk area; 12. That all accessory uses are consistent with a typical mid-priced hotel; 13. That access to the overnight accommodation units shall be provided through a lobby with internal corridors; 14. That the Traffic Engineering Department accepts the findings of the submitted Traffic Impact Study which indicates that the proposed redevelopment project will not degrade the Level of Service (LOS C or better) on surrounding transportation facilities nor adversely affect the, nearby signalized intersections which is consistent with Metropolitan Planning Organizations concurrency management for transportation facilities; 15. That the development proposal is subject to the requirements of Beach by Design, the Design Guidelines contained therein as the property is located within the Clearwater Pass character district and the criteria for allocation of units from the Hotel Density Reserve. Conclusions of Law The Planning and Development Department, having made the above findings of fact, reaches the following conclusions of law: Attachment number 5 \nPage 4 of 5 Item # 8 Community Development Board – June 18, 2013 DVA2013-02001 – Page 4 Level II Flexible Development Application Review PLANNING & DEVELOPMENT DEVELOPMENT REVIEW DIVISION 1. That the Development Agreement implements and formalizes the requirements for the construction of on-site and off-site improvements under the related site plan proposal (FLS2013-02006); 2. That the Development Agreement complies with the standards and criteria of CDC Section 4-606; 3. That the Development Agreement is consistent with and furthers the Visions, Goals, Objectives and Policies of the Comprehensive Plan; 4. That the Development Agreement is consistent with the Visions, Goals, Objectives and Policies of Beach by Design and the Clearwater Pass District; and 5. That the Development Agreement complies with the criteria in Beach by Design for the allocation of units from the Hotel Density Reserve. Based upon the above, the Planning and Development Department recommends the APPROVAL, and recommendation to the City Council, of a Development Agreement between Bay Esplanade Project, LLC and the City of Clearwater, providing for the allocation of 55 units from the Hotel Density Reserve under Beach by Design, for the property at 650 Bay Esplanade. Prepared by Planning and Development Department Staff: Kevin W. Nurnberger, Planner III ATTACHMENTS: Photographs of Site and Vicinity Attachment number 5 \nPage 5 of 5 Item # 8 Attachment number 6 \nPage 1 of 9 Item # 8 Attachment number 6 \nPage 2 of 9 Item # 8 Attachment number 6 \nPage 3 of 9 Item # 8 Attachment number 6 \nPage 4 of 9 Item # 8 Attachment number 6 \nPage 5 of 9 Item # 8 Attachment number 6 \nPage 6 of 9 Item # 8 Attachment number 6 \nPage 7 of 9 Item # 8 Attachment number 6 \nPage 8 of 9 Item # 8 Attachment number 6 \nPage 9 of 9 Item # 8 Looking north from bay Esplanade and Poinsettia intersection Looking east at subject property from Poinsettia Avenue 650 Bay Esplanade DVA2013-02001 Looking east from Poinsettia Ave. at subject property.Looking south from subject property. . Looking south along Poinsettia Ave. from subject property. Looking south along Poinsettia Ave at property across from subject property. Attachment number 7 \nPage 1 of 1 Item # 8 Looking west at subject property from Bay Esplanade. Looking south on Bay Esplanade at subject property. 650 Bay Esplanade DVA2013-02001 Looking north from Bay Esplanade Looking east at property across Bay Esplanade . Looking southeast at property across from subject property on Bay Esplanade. Looking north from Poinsettia Ave, Cypress, and Bay Esplanade intersection. Attachment number 8 \nPage 1 of 1 Item # 8 City Council Agenda Council Chambers - City Hall Meeting Date:7/18/2013 SUBJECT / RECOMMENDATION: Approve amendments to the Community Development Code providing for general development agreements and hotel density reserve agreements, providing more flexibility for veterinary offices in the Commercial (C) zoning district and pass Ordinance 8423-13 on first reading. (TA2013-05003) SUMMARY: The Clearwater Business Task Force, established on April 7, 2011, submitted its final report to City Council on August 29, 2011. The report consisted of 71 recommendations and to date four ordinances have been adopted to streamline the development review process and allow greater flexibility with regard to sign area. This agenda item addresses the last outstanding code amendment authorized by City Council. Proposed Ordinance 8423-13 creates a new process and reduced application requirements for development agreements using the Clearwater Beach hotel density reserve. Several sections of the Community Development Code are proposed to be amended to implement this new process as follows. · Section 8-102 – the definition of development agreement is proposed to be replaced with general development agreement and hotel density reserve development agreement. · Division 1, Article 4 - a footnote is proposed to be added to this chart to indicate that the hotel density reserve development agreement will have both required public hearings at City Council instead of following the typical Level Three process. · Section 4-606 – Sections 4-606.C. and D are proposed to be revised to delineate the two different approval processes for the two types of development agreements. Hotel density reserve development agreements will be submitted and reviewed by the Development Review Committee and then both required public hearings will be conducted by City Council and a decision rendered. General development agreements will follow the current process whereby the agreement is reviewed by the Development Review Committee and the first public hearing conducted by the Community Development Board and the final hearing by City Council. Amendments are also proposed to implement the current policy restricting hotel density reserve development agreements to a term of 10 years and general development agreements for up to 20 years. This ordinance also includes an amendment generated by the Planning and Development Department to better accommodate veterinary offices in the Commercial (C) zoning district by establishing it as a Minimum Development Standard Use and to provide flexibility of dimensional standards more consistent with retail and office uses in the District. The Planning and Development Department has determined that the proposed text amendments to the Community Development Code are consistent with and furthers the goals, objectives and policies of the Comprehensive Plan and the Community Development Code as outlined in the staff report. The Community Development Board (CDB) reviewed the proposed text amendment at its meeting of June 18, 2013 and unanimously recommended approval of the amendment. Review Approval: Cover Memo Item # 9 Community Development Board – June 18, 2013 TA2013-05003 – Page 1 Community Development Code Amendment PLANNING & DEVELOPMENT BACKGROUND: The Clearwater Business Task Force, established on April 7, 2011, submitted its final report to City Council on August 29, 2011. The report consisted of 71 recommendations to change public perceptions regarding the City being business friendly, streamline development application processes and enable greater signage flexibility. The Planning and Development Department reviewed each of the recommendations and presented to City Council ideas as to how many of them could be adopted as well as a prospective timeframe for those adoptions to occur. At the direction of City Council, the Planning and Development Department previously prepared three text amendments to the Community Development Code addressing recommendations of the Business Task Force. Staff is now proposing a fourth and final text amendment to address the last outstanding code amendment authorized by City Council which will create a new process for development agreements authorizing use of the Clearwater Beach hotel density reserve. Additionally staff has included amendments to the Commercial (C) Zoning District establishing veterinary offices as a Minimum Standard Development use and providing more flexibility for the use at the Flexible Standard level consistent with other amendments implementing recommendations of the Business Task Force. ANALYSIS: Proposed Ordinance No. 8423-13 includes amendments to Article 2 Division 7, Commercial (C) District; Article 4, Division 1, Required Permits and Approvals; Article 4 Division 6 Development Agreements; and Article 8, Definitions as outlined below. 1. Veterinary Offices [pages 2 – 6 of Ordinance] To better facilitate the movement of appropriate uses in and out of commercially zoned property, Proposed Ordinance No. 8423-13 establishes veterinary offices as a Level 1 Minimum Standard Development use in the Commercial (C) District. At present, the use is only allowed in the COMMUNITY DEVELOPMENT BOARD PLANNING AND DEVELOPMENT DEPARTMENT STAFF REPORT MEETING DATE: June 18, 2013 AGENDA ITEM: F. 1. CASE: TA2013-05003 ORDINANCE NO.: 8423-13 REQUEST: Amendments to the Community Development Code INITIATED BY: City of Clearwater, Planning and Development Department Attachment number 1 \nPage 1 of 5 Item # 9 Community Development Board – June 18, 2013 TA2013-05003 – Page 2 Community Development Code Amendment PLANNING & DEVELOPMENT District through a Flexible Standard or Flexible Development application. The Planning and Development Department believes this is an appropriate Minimum Standard Development use due to similar use characteristics and development impacts with other Minimum Standard Development uses allowed in the District. The proposed amendment also provides additional flexibility with regard to development standards through the Flexible Standard application consistent with other uses allowed in the District and deletes the use as a Flexible Development due to the additional flexibility proposed at the Flexible Standard level. 2. Development Agreements [pages 6- 12 of Ordinance] Pursuant to City Council direction, Proposed Ordinance 8423-13 creates a new process for development agreements involving requests for units from the hotel density reserve on Clearwater Beach. Several sections of the Community Development Code are proposed to be amended to implement this new process. Specifically, the definition of development agreement in Section 8-102 is proposed to be replaced with definitions for Hotel Density Reserve Development Agreements and General Development Agreements. Division 1 of Article 4 is proposed to be amended to include a footnote that states that Hotel Density Reserve Development Agreements are not reviewed by the Community Development Board and that both required public hearings will take place before City Council. No changes to the current development agreement review and approval process are proposed for General Development Agreements. Article 4, Division 6, Development Agreements contain several amendments. Specifically Section 4-606.A sets forth that City Council may enter into General Development Agreements or and Hotel Density Reserve Development Agreements. Revisions are proposed to Sections 4- 606.C. and D. that clarifies the two different review processes for the two different types of development agreements. Hotel Density Reserve Development Agreements will be submitted and reviewed by the Development Review Committee and then City Council will conduct the two required public hearings and render a decision. The General Development Agreements will follow the current process whereby the agreement is reviewed by the Development Review Committee and one public hearing is conducted by the Community Development Board and the final hearing by City Council. Proposed Ordinance No. 8423-13 also clarifies that Hotel Density Reserve Development Agreements may be in effect for up to 10 years and General Development Agreements up to 20 years. Community Development Code Section 4-606.B states that the information required to be submitted with a development agreement application is based on Section 4-202.A. This section was recently amended to implement recommendations of the Business Task Force and gives the Community Development Coordinator authority to determine the information required to be submitted. Based on this, the Planning and Development Department has prepared an application for the Hotel Density Reserve Development Agreement which will require the following information to be submitted: · Conceptual site plan · Architectural elevations of all sides of the building Attachment number 1 \nPage 2 of 5 Item # 9 Community Development Board – June 18, 2013 TA2013-05003 – Page 3 Community Development Code Amendment PLANNING & DEVELOPMENT · Massing studying illustrating all sides of the building · Survey (to ensure density/intensity calculations are accurate) · Required contents for development agreements set forth in Code Section 4-606.G. A new application is also being created for the General Development Agreements that makes it clear that the detailed site plan and building elevations approved by the Planning and Development Department or the Community Development Board as applicable shall be included as an exhibit to the General Development Agreement. CRITERIA FOR TEXT AMENDMENTS: Community Development Cod Section 4-601 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 Goals and Objective will be furthered by the proposed Code amendments: Objective A.2.2 Future Land Use in the City of Clearwater shall be guided by the Comprehensive Land Use Plan Map and implemented through the City’s Community Development Code. Map categories are further defined in Policy #A.2.2.1 below. [A.2.2.1 indicates that Office uses are allowed in the Commercial Neighborhood, Commercial Limited and Commercial General Future Land Use Map categories] 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. Goal A.4 The City shall not permit development to occur unless an adequate level of serviced is available to accommodate the impacts of development. Areas in which the impact of existing development exceeds the desired levels of service will be upgraded consistent with the target dates for infrastructure improvements included in the applicable functional plan element. Goal A.5 The City of Clearwater shall identify and utilize a citywide design structure comprise of a hierarchy of places and linkages. The Citywide Design Structure will serve as a guide to development and land use decisions while protecting those elements that make the City uniquely Clearwater. Attachment number 1 \nPage 3 of 5 Item # 9 Community Development Board – June 18, 2013 TA2013-05003 – Page 4 Community Development Code Amendment PLANNING & DEVELOPMENT Goal A.6 The City of Clearwater shall utilize innovative and flexible planning and engineering practices, and urban design standards in order to protect historic resources, ensure neighborhood preservation, redevelop blighted areas, and encourage infill development. The proposed amendments allow an appropriate use to be located in the Commercial (C) District as a Minimum Standard Development use and allows similar flexibility provided to other allowable uses at the Flexible Standard Development level. The revised development agreement provision delineates two types of development agreements with different processes and submittal requirements but does not change the purposes of such agreements which supports comprehensive and capital facilities planning, the provision of adequate public facilities, the efficient use of resources and the reduction of the economic cost of development. As such the proposed amendments further the above goals of the Clearwater Comprehensive Plan outlined above. 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). · Protect the character and the social and economic stability of all parts of the city through the establishment of reasonable standards which encourage the orderly and beneficial development of land within the city (Section 1-103.E.2., CDC). · Establish use limitations for specified uses consistent with the zoning district in which they are allowed and the particular characteristics of such specified uses (Section 1- 103.E.10., CDC). The amendments proposed by this ordinance will further the above referenced purposes as use limitations are being established and revised for veterinary offices which are based on reasonable standards and the characteristics of the use. The two proposed processes for development agreements establish clear and distinct procedures for approving certain development, the purpose of which is to ensure the orderly and beneficial development of property within the City of Clearwater. Attachment number 1 \nPage 4 of 5 Item # 9 Community Development Board – June 18, 2013 TA2013-05003 – Page 5 Community Development Code Amendment PLANNING & 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 recommends APPROVAL of Ordinance No. 8423-13 that amends the Community Development Code. Prepared by Planning and Development Department Staff: Gina L. Clayton Assistant Planning & Development Director ATTACHMENTS: Ordinance No. 8423-13 Hotel Density Reserve Development Agreement Application General Development Agreement Application Attachment number 1 \nPage 5 of 5 Item # 9 1 ORDINANCE NO. 8423-13 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA MAKING AMENDMENTS TO THE COMMUNITY DEVELOPMENT CODE BY AMENDING ARTICLE 2, ZONING DISTRICTS, DIVISION 7, COMMERCIAL DISTRICT (C), TABLE 2-702, TO ESTABLISH VETERINARY CLINICS AS A MINIMUM STANDARD USE; AMENDING ARTICLE 2, ZONING DISTRICTS, DIVISION 7, COMMERCIAL DISTRICT (C), SECTION 2-703 BY MODIFYING DEVELOPMENT STANDARDS AND FLEXIBILITY CRITERIA FOR VETERINARY CLINICS; AMENDING ARTICLE 2, ZONING DISTRICTS, DIVISION 7, COMMERCIAL DISTRICT (C), SECTION 2-704 BY DELETING VETERINARY CLINICS AS A FLEXIBLE DEVELOPMENT USE; AMENDING ARTICLE 4, DEVELOPMENT REVIEW AND OTHER PROCEDURES, DIVISION 1, REQUIRED PERMITS AND APPROVALS, BY ADDING A FOOTNOTE TO THE DEVELOPMENT REVIEW CHART REGARDING THE PROCESS FOR HOTEL DENSITY RESERVE DEVELOPMENT AGREEMENTS; AMENDING ARTICLE 4, DEVELOPMENT REVIEW AND OTHER PROCEDURES, DIVISION 6, LEVEL THREE APPROVALS BY ADDING A FOOTNOTE TO THE LEVEL THREE APPROVAL FLOW CHART REGARDING THE APPROVAL PROCESS FOR HOTEL DENSITY RESERVE DEVELOPMENT AGREEMENTS; AMENDING DIVISION 6 LEVEL THREE APPROVALS, DEVELOPMENT AGREEMENTS, BY REVISING THE DEVELOPMENT AGREEMENT PROVISIONS BY ESTABLISHING REQUIREMENTS AND PROCEDURES FOR GENERAL DEVELOPMENT AGREEMENTS AND HOTEL DENSITY RESERVE DEVELOPMENT AGREEMENTS; AMENDING ARTICLE 8, DEFINITIONS AND RULES OF CONSTRUCTION, TO DELETE THE DEFINITION FOR DEVELOPMENT AGREEMENT AND ADD DEFINITIONS FOR DEVELOPMENT AGREEMENT, GENERAL AND DEVELOPMENT AGREEMENT, HOTEL DENSITY RESERVE; CERTIFYING CONSISTENCY WITH THE CITY’S COMPREHENSIVE PLAN AND PROPER ADVERTISEMENT; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Clearwater Business Task Force was established on April 7, 2011 by the City Council to provide feedback on the current rules and regulations affecting businesses and business development; WHEREAS, the Clearwater Business Task Force submitted to City Council on August 29, 2011, a final report that consisted of 71 recommendations to change public perceptions about being “business friendly”, and to streamline development application processes; WHEREAS, veterinary offices are appropriate uses for minimum standard development in the Commercial (C) zoning district; Attachment number 2 \nPage 1 of 13 Item # 9 2 WHEREAS, City Council worked with the Business Task Force to develop a new process for Development Agreements authorizing use of the Hotel Density Reserve on Clearwater Beach; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. That Article 2, Zoning Districts, Division 7, Commercial District (C), Section 2-702, Minimum Standard Development, Table 2-702 “C” District Minimum Standard Development Standards, is hereby amended as follows: Section 2-702. Minimum standard development. The following uses are Level One permitted uses in the "C" District subject to the minimum standards set out in this section and other applicable provisions of Article 3. Table 2-702. "C" District Minimum Development Standards Use Min. Lot Area (sq. ft.) Min. Lot Width (ft.) Max. Height (ft.) Min. Front (ft.) Min. Side (ft.) Min. Rear (ft.) Min. Off-Street Parking Spaces Governmental Uses(1) 10,000 100 25 25 10 20 4/1,000 SF GFA Indoor Recreation/ Entertainment 10,000 100 25 25 10 20 5/1000 SF GFA or 5/lane, 2/court or 1/machine Mixed Use 10,000 100 25 25 10 20 Based upon specific use requirements Offices 10,000 100 25 25 10 20 3/1,000 SF GFA Overnight Accommodations 40,000 200 25 25 10 20 1/unit Parks and Recreational Facilities n/a n/a 25 25 10 20 1 per 20,000 SF land area or as determined by the community development coordinator based on ITE Manual standards Places of Worship 40,000 200 25 25 10 20 1 per 2 seats Restaurants 10,000 100 25 25 10 20 12/1,000 SF GFA Retail Plazas 15,000 100 25 25 10 20 4/1,000 SF GFA Retail Sales and Services 10,000 100 25 25 10 20 5/1,000 SF GFA Social and Community Centers 10,000 100 25 25 10 20 5/1,000 SF GFA Vehicle Sales/Display 40,000 200 25 25 10 20 2.5/1,000 SF Lot Sales Area Veterinary Offices 10,000 100 25 25 10 20 4 spaces per 1,000 GFA (1) Governmental uses shall not exceed five acres. Any such use, alone or when added to contiguous like uses which exceed five acres shall require a land use plan map amendment to institutional which shall include such uses and all contiguous like uses. Attachment number 2 \nPage 2 of 13 Item # 9 3 Section 2. That Article 2, Zoning Districts, Division 7, Commercial District (C), Section 2-703, Flexible Standard Development, Table 2-703 “C” District Flexible Standard Development Standards and Flexibility Criteria, is hereby amended as follows: Section 2-703. Flexible standard development. The following uses are Level One permitted uses in the "C" District subject to the standards and criteria set out in this Section and other applicable provisions of Article 3. Table 2-703. "C" District Flexible Standard Development Standards Use Min. Lot Area (sq. ft.) Min. Lot Width (ft.) Max. Height (ft.) Min. Front (ft.) Min. Side (ft.) Min. Rear (ft.) Min. Off-Street Parking Spaces Accessory Dwellings n/a n/a n/a n/a n/a n/a 1 space per unit Adult Uses 5,000 50 25 25 10 20 5 per 1,000 GFA Alcoholic Beverage Sales 10,000 100 25 25 10 20 5 per 1,000 GFA Automobile Service Stations 10,000 100 25 25 10 20 5/1,000 SF GFA Bars 10,000 100 25 25 10 20 10 per 1,000 GFA Educational Facilities(1) 40,000 200 25 25 10 20 1 per 2 students Governmental Uses(1) 10,000 100 25—50 25 10 20 4 spaces per 1,000 GFA Indoor Recreation/Entertainment 5,000— 10,000 50—100 25 25 10 20 3—5/1000 SF GFA or 3—5/lane, 1— 2/court or 1/machine Medical Clinics(1) 10,000 100 25 25 10 20 5/1,000 GFA Mixed Use 5,000— 10,000 50—100 25—50 25 0—10 10—20 Based upon specific use requirements Nightclubs 10,000 100 25 25 10 20 10 per 1,000 GFA Offices 3,500— 10,000 30—100 25—50 25 0—10 10—20 3/1,000 SF GFA Off-Street Parking 10,000 100 n/a 25 10 20 n/a Outdoor Retail Sales, Display and/or Storage 20,000 100 25 25 10 20 5 per 1,000 SF of outdoor display area Overnight Accommodations 20,000— 40,000 150-200 25—50 25 0—10 10—20 1 per unit Places of Worship(2) 20,000— 40,000 100-200 25—50 25 10 20 .5-1 per 2 seats Public Transportation Facilities(3) n/a n/a 10 n/a n/a n/a n/a Restaurants 3,500— 10,000 30-100 25—50 25 0—10 10—20 7—12 spaces per 1,000 GFA Retail Plazas 15,000 100 25—50 25 0—10 10—20 4 spaces per 1,000 GFA Retail Sales and Services 3,500— 10,000 30-100 25—50 25 0—10 10—20 4—5 spaces per 1,000 GFA Attachment number 2 \nPage 3 of 13 Item # 9 4 Schools (5) 40,000 200 25 25 0—10 10—20 1 per 3 students Social and Community Centers (1) 3,500— 10,000 35-100 25—35 25 0—10 10—20 4—5 spaces per 1,000 GFA Utility/Infrastructure Facilities(4) n/a n/a 20 25 10 20 n/a Vehicle Sales/Displays 20,000- 40,000 150-200 25 25 10 20 2.5 spaces per 1,000 of lot sales area Veterinary Offices 5,000- 10,000 50-100 25 15-25 0-10 10-20 4 spaces per 1,000 GFA * * * * * * * * * * Flexibility Criteria: * * * * * * * * * * Y. Veterinary offices. 1. The parcel proposed for development is not contiguous to a parcel of land which is designated as residential in the Zoning Atlas; 2. The use of the parcel proposed for development does not involve animal confinement facilities that are open to the outside. 3. Lot area and width: The reduction in lot area and width will not result in a building which is out of scale with existing buildings in the immediate vicinity of the parcel proposed for development. 4. Side and rear setback: a. The reduction in side and/or rear setback does not prevent access to the rear of any building by emergency vehicles; b. The reduction in side and/or rear setback results in an improved site plan, more efficient parking, or improved design and appearance and landscaped areas are in excess of the minimum required. 5. Front setback: The reduction in front setback results in an improved site plan or improved design and appearance. Section 3. That Article 2, Zoning Districts, Division 7, Commercial District (C), Section 2-704, Flexible Development, Table 2-704 and Flexibility Criteria, “C” District Flexible Standard Development Standards, is hereby amended as follows: Section 2-704. Flexible development. The following uses are Level Two permitted uses in the "C" District subject to the standards and criteria set out in this section and other applicable provisions of Article 3. Table 2-704. "C" District Flexible Development Standards Use Min. Lot Min. Lot Max. Min. Min. Side Min. Rear Min. Off-Street Attachment number 2 \nPage 4 of 13 Item # 9 5 Area (sq. ft.) Width (ft.) Height (ft.) Front (ft.) (ft.) (ft.) Parking Alcoholic Beverage Sales 5,000— 10,000 50-100 25 15—25 0—10 10—20 5 per 1,000 GFA Animal Boarding 5,000— 10,000 50 - 100 25 15—25 0—10 10—20 4 spaces per 1,000 GFA Bars 5,000— 10,000 50-100 25 15—25 0—10 10—20 10 per 1,000 GFA Comprehensive Infill Redevelopment Project n/a n/a n/a n/a n/a n/a Determined by the community development coordinator based on the specific use and/or ITE Manual standards Indoor Recreation/Entertainment 3,500— 10,000 30-100 25—50 15—25 0—10 10—20 3—5/1000 SF GFA or 3—5/lane, 1— 2/court or 1/machine Light Assembly 5,000— 10,000 50-100 25 15—25 0—10 10—20 4—5 spaces per 1,000 GFA Limited Vehicle Service 5,000— 10,000 50-100 25 15—25 0—10 10—20 4—5 spaces per 1,000 GFA Marinas and Marina Facilities 5,000— 20,000 50 25 25 10 20 1 space per 2 slips Mixed Use 5,000— 10,000 50—100 25—50 15—25 0—10 10—20 Based upon specific use requirements Nightclubs 5,000— 10,000 50—100 25 15—25 0—10 10—20 10 per 1,000 GFA Offices 3,500— 10,000 30—100 25—50 15—25 0—10 10—20 3/1,000 SF GFA Off-Street Parking 10,000 100 n/a 15—25 0—10 10—20 n/a Outdoor Recreation/Entertainment 20,000 100 25 15—25 10 10—20 1—10 per 1,000 SQ FT of land area or as determined by the community development coordinator based on ITE Manual standards Overnight Accommodations 20,000— 40,000 100—200 25—50 15—25 0—10 10—20 1 per unit Problematic Uses 5,000 50 25 15—25 10 10—20 5 spaces per 1,000 SF GFA Restaurants 3,500— 10,000 35—100 25—50 15—25 0—10 10—20 7 - 12 spaces per 1,000 GFA Retail Plazas 15,000 100 25 -50 15 - 25 0—10 10—20 4 spaces per 1,000 GFA Retail Sales and Services 3,500— 10,000 30—100 25—50 15—25 0—10 10—20 4—5 spaces per 1,000 GFA RV Parks 40,000 200 25 15—25 20 10—20 1 space per RV Attachment number 2 \nPage 5 of 13 Item # 9 6 space Schools (2) 30,000— 40,000 100—200 25—50 15—25 0—10 10—20 1 per 3 students Self Storage 20,000 100 25 15—25 10 10—20 1 per 20 units plus 2 for manager's office Social/Public Service Agencies(1) 5,000— 10,000 50—100 25—50 15—25 0—10 10—20 3—4 spaces per 1,000 GFA Telecommunication Towers 10,000 100 Refer to section 3- 2001 25 10 20 n/a Vehicle Sales/Displays 10,000— 40,000 100—200 25 15—25 10 10—20 2.5 spaces per 1,000 SQ FT of lot area Veterinary Offices 5,000— 10,000 50—100 25 15—25 0—10 10—20 4 spaces per 1,000 GFA * * * * * * * * * * Flexibility criteria: * * * * * * * * * * Y. Veterinary offices. 1. The parcel proposed for development is not contiguous to a parcel of land which is designated as residential in the Zoning Atlas; 2. The use of the parcel proposed for development does not involve animal confinement facilities that are open to the outside. 3. Lot area and width: The reduction in lot area and width will not result in a building which is out of scale with existing buildings in the immediate vicinity of the parcel proposed for development. 4. Side and rear setback: a. The reduction in side and/or rear setback does not prevent access to the rear of any building by emergency vehicles; b. The reduction in side and/or rear setback results in an improved site plan, more efficient parking, or improved design and appearance and landscaped areas are in excess of the minimum required. 5. Front setback: The reduction in front setback results in an improved site plan or improved design and appearance. Section 4. That Article 4, Development Review and Other Procedures, Division 1, Required Permits and Approvals, is hereby amended as follows: This Development Code establishes the following types of development approvals: Level One, Level Two, and Level Three. Level One approvals involve those development proposals which are reviewed and approved by the city's professional staff. Level Two approvals are those development proposals which are more complex and involve the use of greater discretion by an appointed board accountable, through the appointment process, to the city commission. Level Three approvals are those approvals which state Attachment number 2 \nPage 6 of 13 Item # 9 7 law requires action by the city commission council because they involve issues of public policy in the first instance. The following graphic portrays this concept of different levels of approval: *Hotel Density Reserve Development Agreements are not reviewed by the Community Development Board. Both required public hearings take place before City Council. * * * * * * * * * Section 5. That Article 4, Development Review and Other Procedures, Division 6, Level Three approvals, is hereby amended as follows: * COUNCIL Attachment number 2 \nPage 7 of 13 Item # 9 1. Hotel Density Reserve Development Agreements follow a slightly different process and have public hearings at City Council instead of one at the City Council. Section 6. That Article 4 Three approvals, Section 4-606 Development Agreements, is hereby amended Section 4-606 Development Agreements A. Purpose and applicability. development agreements accordance with the provisions COUNCIL 8 Hotel Density Reserve Development Agreements follow a slightly different process and have gs at City Council instead of one at the Community Development Board and one at 4, Development Review and Other Procedures, Division 606 Development Agreements, is hereby amended Agreements applicability. The city commission council may enter into s or a hotel density reserve development agreement provisions of this section and applicable Florida law 1 COUNCIL Hotel Density Reserve Development Agreements follow a slightly different process and have both Community Development Board and one at , Division 6, Level 606 Development Agreements, is hereby amended as follows: a general agreement in law to encourage a Attachment number 2 \nPage 8 of 13 Item # 9 9 stronger commitment to comprehensive and capital facilities planning, ensure the provision of adequate public facilities for development, encourage the efficient use of resources, and reduce the economic cost of development. B. Application requirements. In addition to the basic information required by Section 4- 202.A and the fee required by Section 4-202.F., an application for approval of a any type of development agreement shall be accompanied by: 1. A statement of the requested duration of the development agreement, which shall not exceed 10 years for a hotel density reserve development agreement and 20 years for a general development agreement. 2. A description of all existing and proposed public facilities and services that serve or will serve the development. 3. A description of the uses desired to be permitted on the land, including population densities and building intensities and heights. 4. Identification of zoning district changes, code amendments and comprehensive plan amendments that will be required if the proposed development proposal were to be approved. 5. The zoning and land use categories of all adjoining properties. 6. The complete names and addresses of all owners of properties abutting or lying within 200 feet of the subject property as currently listed in the county records as of one week prior to the filing of an application. C. Staff review and report. 1. Hotel Density Reserve Development Agreements. The community development coordinator shall review the application for a hotel density reserve development agreement with the development review committee in accordance with the provisions of Section 4-202(C) and (D) and shall prepare a written recommendation to the community development board to the City Council. 2. General Development Agreements. The community development coordinator shall review the application for a development agreement with the development review committee in accordance with the provisions of Section 4-202(C) and (D) and shall prepared a written recommendation to the community development board. Attachment number 2 \nPage 9 of 13 Item # 9 10 D. Community development board review of general development agreements. The community development board shall review the proposed general development agreements, the recommendation of the community development coordinator, and the testimony at the public hearing, the standards in Section 4-606(F) and shall issue a recommendation to the city commission council for approval or denial of the development agreement. E. City commission council review. 1. Hotel Density Reserve Development Agreements. The city commission council shall conduct both required a public hearings in accordance with the provisions of 4- 206. Upon conclusion of the public hearings, the commission council shall review the proposed hotel density reserve development agreements, the recommendation of the community development coordinator, the recommendation of the community development board, the testimony at the public hearings and approve, approve with modifications, or deny approval of the proposed hotel density reserve development agreement. 2. General Development Agreements. The city council shall conduct the final required public hearing in accordance with the provisions of 4-206. Upon conclusion of the public hearing, the council shall review the proposed general development agreement, the recommendation of the community development coordinator, the recommendation of the community development board, the testimony at the public hearing and approve, approve with modifications, or deny approval of the proposed general development agreement. F. Standards for review. In reaching a decision as to whether or not the hotel density reserve development agreement or the general development agreement should be approved, approved with changes, approved with conditions, or disapproved, the city commission council shall determine whether the development is consistent with and furthers the goals, policies and objectives of the Comprehensive Plan. G. Contents of development agreements/recording. 1. Contents. The approved development agreement shall contain, at a minimum, the following information: a. A legal description of the land subject to the development agreement. b. The names of all persons having legal or equitable ownership of the land. Attachment number 2 \nPage 10 of 13 Item # 9 11 c. The duration of the development agreement, which shall not exceed ten years for a hotel density reserve development agreement or twenty years for a general development agreement. d. The development uses proposed for the land, including population densities, building intensities and building height. e. A description of the public facilities and services that will serve the development, including who shall provide such public facilities and services; the date any new public facilities and service, if needed, will be constructed; who shall bear the expense of construction of any new public facilities and services; and a schedule to assure that the public facilities and services are available concurrent with the impacts of the development. The development agreement shall provide for a cashier’s check, a payment and performance bond or letter of credit in the amount of 115 percent of the estimated costs of the public faculties and services to be deposited with the city to secure construction of any new public facilities and serviced required to be constructed by the development agreement. The development agreement shall provide that such construction shall be completed prior to issuance of any certificate of occupancy. f. A description of any reservation or dedication of land for public purposes. g. A description all local development approvals approved or needed to be approved for the development. h. A finding that the development approvals as proposed permitted or proposed is consistent with the comprehensive plan and the community development code. Additionally, a finding that the requirements for concurrency as set for in Article 4 Division 10 9 of these regulations have been satisfied. i. A description of any conditions, terms, restrictions or other requirements determined to be necessary by the city commission council for the public health, safety or welfare of the citizens of City of Clearwater. Such conditions, terms, restrictions or other requirements may be supplemental to requirements in existing codes or ordinances of the city. j. A statement indicating that the failure of the development agreement to address a particular permit, condition, term or restriction shall not relieve the developer of the necessity of complying the law governing said permitting requirements, conditions, terms or restrictions. Attachment number 2 \nPage 11 of 13 Item # 9 12 k. The development agreement may provide, in the discretion of the City Commission Council, that the entire development or any phase thereof be commenced or be completed within a specific period of time. The development agreement may provide for liquidated damages, the denial of future development approvals, the termination of the development agreement, or the withholding of certificates of occupancy for the failure of the developer to comply with any such deadline. l. A statement that the burdens of the development agreement shall be binding upon, and the benefits of the development agreement shall inure to, all successors in interest to the parties to the development agreement. m. All development agreements shall specifically state that subsequently adopted ordinances and codes of the city which are of general application not governing the development of land shall be applicable to the lands subject to the development agreement, and that such modifications are specifically anticipated in the development agreement. * * * * * * * * * * Section 7. That Article 8, Definitions and Rules of Construction, Section 8-102, Definitions, of the Community Development Code, is hereby amended as follows: * * * * * * * * * * Development agreement means an agreement between the City of Clearwater and one or more persons entered into pursuant to sections 163.3220 et seq., Florida Statutes. Development agreement, general means an agreement between the City of Clearwater and one or more persons entered into pursuant to sections 163.3220 et seq., Florida Statutes and relating to any development approval except those involving the allocation of the Hotel Density Reserve on Clearwater Beach established by Beach by Design. Development agreement, hotel density reserve means an agreement between the City of Clearwater and one or more persons entered into pursuant to sections 163.3220 et seq., Florida Statutes for any development approval requesting an allocation of hotel rooms from the Hotel Density Reserve on Clearwater Beach established by Beach By Design. * * * * * * * * * * Attachment number 2 \nPage 12 of 13 Item # 9 13 Section 8. 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 9. The City of Clearwater does hereby certify that the amendments contained herein, as well as the provisions of this Ordinance, are consistent with and in conformance with the City’s Comprehensive Plan. Section 10. 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 11. Notice of the proposed enactment of this Ordinance has been properly advertised in a newspaper of general circulation in accordance with applicable law. Section 12. 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 Attachment number 2 \nPage 13 of 13 Item # 9 Planning & Development Department, 100 S. Myrtle Avenue, Clearwater, FL 33756, Tel: 727-562-4567; Fax: 727-562-4865 Page 1 of 5 06/13 Planning & Development Department General Development Agreement Application IT IS INCUMBENT UPON THE APPLICANT TO SUBMIT COMPLETE AND CORRECT INFORMATION. ANY MISLEADING, DECEPTIVE, INCOMPLETE OR INCORRECT INFORMATION MAY INVALIDATE YOUR APPLICATION. ALL APPLICATIONS ARE TO BE FILLED OUT COMPLETELY AND CORRECTLY, AND SUBMITTED IN PERSON (NO FAX OR DELIVERIES) TO THE PLANNING & DEVELOPMENT DEPARTMENT BY NOON ON THE SCHEDULED DEADLINE DATE. A TOTAL OF 11 COMPLETE SETS OF PLANS AND APPLICATION MATERIALS (1 ORIGINAL AND 10 COPIES) AS REQUIRED WITHIN ARE TO BE SUBMITTED FOR REVIEW BY THE DEVELOPMENT REVIEW COMMITTEE. SUBSEQUENT SUBMITTAL FOR THE COMMUNITY DEVELOPMENT BOARD WILL REQUIRE 15 COMPLETE SETS OF PLANS AND APPLICATION MATERIALS (1 ORIGINAL AND 14 COPIES). PLANS AND APPLICATIONS ARE REQUIRED TO BE COLLATED, STAPLED AND FOLDED INTO SETS. THE APPLICANT, BY FILING THIS APPLICATION, AGREES TO COMPLY WITH ALL APPLICABLE REQUIREMENTS OF THE COMMUNITY DEVELOPMENT CODE. APPLICATION FEE: $1,500 PROPERTY OWNER (PER DEED): MAILING ADDRESS: PHONE NUMBER: EMAIL: AGENT OR REPRESENTATIVE: MAILING ADDRESS: PHONE NUMBER: EMAIL: ADDRESS OF SUBJECT PROPERTY: PARCEL NUMBER(S): LEGAL DESCRIPTION: PROPOSED USE(S): DESCRIPTION OF REQUEST: Specifically identify the request (include all requested code flexibility; e.g., reduction in required number of parking spaces, height, setbacks, lot size, lot width, specific use, etc.): Attachment number 3 \nPage 1 of 5 Item # 9 Planning & Development Department, 100 S. Myrtle Avenue, Clearwater, FL 33756, Tel: 727-562-4567; Fax: 727-562-4865 Page 2 of 5 06/13 Planning & Development Department General Development Agreement Application Data Sheet PLEASE ENSURE THAT THE FOLLOWING INFORMATION IS FILLED OUT, IN ITS ENTIRETY. FAILURE TO COMPLETE THIS FORM WILL RESULT IN YOUR APPLICATION BEING FOUND INCOMPLETE AND POSSIBLY DEFERRED UNTIL THE FOLLOWING APPLICATION CYCLE. ZONING DISTRICT: FUTURE LAND USE PLAN DESIGNATION: EXISTING USE (currently existing on site): PROPOSED USE (new use, if any; plus existing, if to remain): SITE AREA: sq. ft. acres GROSS FLOOR AREA (total square footage of all buildings): Existing: sq. ft. Proposed: sq. ft. Maximum Allowable: sq. ft. GROSS FLOOR AREA (total square footage devoted to each use, if there will be multiple uses): First use: sq. ft. Second use: sq. ft. Third use: sq. ft. FLOOR AREA RATIO (total square footage of all buildings divided by the total square footage of entire site): Existing: Proposed: Maximum Allowable: BUILDING COVERAGE/FOOTPRINT (1st floor square footage of all buildings): Existing: sq. ft. ( % of site) Proposed: sq. ft. ( % of site) Maximum Permitted: sq. ft. ( % of site) GREEN SPACE WITHIN VEHICULAR USE AREA (green space within the parking lot and interior of site; not perimeter buffer): Existing: sq. ft. ( % of site) Proposed: sq. ft. ( % of site) VEHICULAR USE AREA (parking spaces, drive aisles, loading area): Existing: sq. ft. ( % of site) Proposed: sq. ft. ( % of site) Attachment number 3 \nPage 2 of 5 Item # 9 Planning & Development Department, 100 S. Myrtle Avenue, Clearwater, FL 33756, Tel: 727-562-4567; Fax: 727-562-4865 Page 3 of 5 06/13 IMPERVIOUS SURFACE RATIO (total square footage of impervious areas divided by the total square footage of entire site): Existing: Proposed: Maximum Permitted: DENSITY (units, rooms or beds per acre): BUILDING HEIGHT: Existing: Existing: Proposed: Proposed: Maximum Permitted: Maximum Permitted: OFF-STREET PARKING: Existing: Note: A parking demand study must be provided In conjunction with any request to reduce the amount of required off-street parking spaces. Please see the adopted Parking Demand Study Guidelines for further information. Proposed: Minimum Required: WHAT IS THE ESTIMATED TOTAL VALUE OF THE PROJECT UPON COMPLETION? $ ZONING DISTRICTS FOR ALL ADJACENT PROPERTY: North: South: East: West: STATE OF FLORIDA, COUNTY OF PINELLAS I, the undersigned, acknowledge that all representations made in this application are true and accurate to the best of my knowledge and authorize City representatives to visit and photograph the property described in this application. Sworn to and subscribed before me this _________________ day of _____________________________, ___________. to me and/or by _______________________________, who is personally known has produced _________________________________ as identification. Signature of property owner or representative Notary public, My commission expires: Attachment number 3 \nPage 3 of 5 Item # 9 Planning & Development Department, 100 S. Myrtle Avenue, Clearwater, FL 33756, Tel: 727-562-4567; Fax: 727-562-4865 Page 4 of 5 06/13 Planning & Development Department General Development Agreement Application Site Plan Submittal Package Check list IN ADDITION TO THE COMPLETED DEVELOPMENT AGREEMENT APPLICATION, ALL DEVELOPMENT AGREEMENT APPLICATIONS SHALL INCLUDE A SUBMITTAL PACKAGE THAT INCLUDES THE FOLLOWING INFORMATION AND/OR PLANS:  A proposed development agreement which shall contain, at a minimum, the following information:  A legal description of the land subject to the development agreement.  The names of all persons having legal or equitable ownership of the land.  The duration of the development agreement, which shall not exceed ten (10) years.  The development uses proposed for the land, including population densities, building intensities and building height.  A description of the public facilities and services that will serve the development, including who shall provide such public facilities and services; the date any new public facilities and services, if needed, will be constructed; who shall bear the expense of construction of any new public facilities and ser vices; and a schedule to assure that the public facilities and services are available concurrent with the impacts of the development. The development agreement shall provide for a cashier's check, a payment and performance bond or letter of credit in the amount of 115% of the estimated cost of the public facilities and services, to be deposited with the city to secure construction of any new public facilities and service s required to be constructed by the development agreement. The development agreement shall provide that such construction shall be completed prior to the issuance of any certificate of occupancy.  A description of any reservation or dedication of land for public purposes.  A description of all local development approvals approved or needed to be approved for the development.  A finding that the development proposal is consistent with the Comprehensive Plan and the Community Development Code. Additionally, a finding that the requirements for concur rency as set forth in Article 4, Division 10, Community Development Code, have been satisfied.  A description of any conditions, terms, restrictions or other requirements determined to be necessary by the City Council for the public health, safety or welfare of the citizens of the City of Clearwater . Such conditions, terms, restrictions or other requirements may be supplemental to requirements in existing codes or ordinances of the City.  A statement indicating that the failure of the development agreement to address a particular permit, condition, term or restriction shall not relieve the developer of the necessity of complying with the law governing said permitting requirements, conditions, terms or restrictions.  The development agreement may provide, in the discretion of the City Council, that the entire development or any phase thereof be commenced or be completed within a specific period of time. The development agreement may provide for liquidated damages, the denial of future development approvals, the termination of the development agreement , or the withholding of certificates of occupancy for the failure of the developer to comply with any such deadline.  A statement that the burdens of the development agreement shall be binding upon, and the benefits of the development agreement shall inure to, all successors in interest to the parties to the development agreement.  All development agreements shall specifically state that subsequently adopted ordinances and codes of the city which are of general application not governing the development of land shall be applicable to the lands subject to the development agreement, and that such modifications are specifically anticipated in the development agreement.  A signed and sealed survey of the property prepared by a registered land surveyor including the location of the property, dimensions, acreage, location of all current structures/improvements, location of all public and private easements including official records book and page numbers and street right(s)-of-way within and adjacent to the site.  The site plan, landscape plan, architectural elevations, and floor plans (as applicable) that are associated with the corresponding Minimum Standard Development, Flexible Standard Development or Flexible Development application approval attached as exhibits to the Development Agreement. Attachment number 3 \nPage 4 of 5 Item # 9 Planning & Development Department, 100 S. Myrtle Avenue, Clearwater, FL 33756, Tel: 727-562-4567; Fax: 727-562-4865 Page 5 of 5 06/13 Planning & Development Department General Development Agreement Application Affidavit to Authorize Agent/Representative 1. Provide names of all property owners on deed – PRINT full names: 2. That (I am/we are) the owner(s) and record title holder(s) of the following described property: 3. That this property constitutes the property for which a request for (describe request): 4. That the undersigned (has/have) appointed and (does/do) appoint: as (his/their) agent(s) to execute any petitions or other documents necessary to affect such petition; 5. That this affidavit has been executed to induce the City of Clearwater, F lorida to consider and act on the above described property; 6. That site visits to the property are necessary by City representatives in order to process this application and the owner authorizes City representatives to visit and photograph the property described in this application; 7. That (I/we), the undersigned authority, hereby certify that the foregoing is true and correct. Property Owner Property Owner Property Owner Property Owner STATE OF FLORIDA, COUNTY OF PINELLAS BEFORE ME THE UNDERSIGNED, AN OFFICER DULY COMMISSIONED BY THE LAWS OF THE STATE OF FLORIDA, ON THIS ________________ DAY OF ___________________________________, _________________, PERSONALLY APPEARED _____________________________________________________________________ WHO HAVING BEEN FIRST DULY SWORN DEPOSED AND SAYS THAT HE/SHE FULLY UNDERSTANDS THE CONTENTS OF THE AFFIDAVIT THAT HE/SHE SIGNED. Notary Public Signature Notary Seal/Stamp My Commission Expires: Attachment number 3 \nPage 5 of 5 Item # 9 Planning & Development Department, 100 S. Myrtle Avenue, Clearwater, FL 33756, Tel: 727-562-4567; Fax: 727-562-4865 Page 1 of 4 06/13 Planning & Development Department Hotel Density Reserve Development Agreement Application IT IS INCUMBENT UPON THE APPLICANT TO SUBMIT COMPLETE AND CORRECT INFORMATION. ANY MISLEADING, DECEPTIVE, INCOMPLETE OR INCORRECT INFORMATION MAY INVALIDATE YOUR APPLICATION. ALL APPLICATIONS ARE TO BE FILLED OUT COMPLETELY AND CORRECTLY, AND SUBMITTED IN PERSON (NO FAX OR DELIVERIES) TO THE PLANNING & DEVELOPMENT DEPARTMENT BY NOON ON THE SCHEDULED DEADLINE DATE. A TOTAL OF 15 COMPLETE SETS OF PLANS AND APPLICATION MATERIALS (1 ORIGINAL AND 14 COPIES) AS REQUIRED WITHIN ARE TO BE SUBMITTED FOR INITIAL REVIEW BY THE CITY COUNCIL. SUBSEQUENT REVIEW BY THE CITY COUNCIL WILL REQUIRE AN ADDITIONAL 15 COMPLETE SETS OF PLANS AND APPLICATION MATERIALS (1 ORIGINAL AND 14 COPIES). PLANS AND APPLICATIONS ARE REQUIRED TO BE COLLATED, STAPLED AND FOLDED INTO SETS. THE APPLICANT, BY FILING THIS APPLICATION, AGREES TO COMPLY WITH ALL APPLICABLE REQUIREMENTS OF THE COMMUNITY DEVELOPMENT CODE. APPLICATION FEE: $1,500 PROPERTY OWNER (PER DEED): MAILING ADDRESS: PHONE NUMBER: EMAIL: AGENT OR REPRESENTATIVE: MAILING ADDRESS: PHONE NUMBER: EMAIL: ADDRESS OF SUBJECT PROPERTY: PARCEL NUMBER(S): LEGAL DESCRIPTION: PROPOSED USE(S): DESCRIPTION OF REQUEST: Specifically identify the request (include all requested code flexibility; e.g., reduction in required number of parking spaces, height, setbacks, lot size, lot width, specific use, etc.): Attachment number 4 \nPage 1 of 4 Item # 9 Planning & Development Department, 100 S. Myrtle Avenue, Clearwater, FL 33756, Tel: 727-562-4567; Fax: 727-562-4865 Page 2 of 4 06/13 Planning & Development Department Hotel Density Reserve Development Agreement Application Data Sheet PLEASE ENSURE THAT THE FOLLOWING INFORMATION IS FILLED OUT, IN ITS ENTIRETY. FAILURE TO COMPLETE THIS FORM WILL RESULT IN YOUR APPLICATION BEING FOUND INCOMPLETE AND POSSIBLY DEFERRED UNTIL THE FOLLOWING APPLICATION CYCLE. ZONING DISTRICT: FUTURE LAND USE PLAN DESIGNATION: EXISTING USE: PROPOSED USE: SITE AREA: sq. ft. acres GROSS FLOOR AREA (approximate square footages): DENSITY (rooms per acre): Hotel Use: sq. ft. Existing: Accessory Uses: sq. ft. Proposed: Total: sq. ft. Maximum Permitted: BUILDING COVERAGE/FOOTPRINT (1st floor square footage of all buildings): Existing: sq. ft. ( % of site) Proposed: sq. ft. ( % of site) Maximum Permitted: sq. ft. ( % of site) IMPERVIOUS SURFACE RATIO (total square footage of impervious areas divided by the total square footage of entire site): Existing: Proposed: Maximum Permitted: OFF-STREET PARKING BUILDING HEIGHT: Existing: Existing: Proposed: Proposed: Minimum Required: Maximum Permitted: STATE OF FLORIDA, COUNTY OF PINELLAS I, the undersigned, acknowledge that all representations made in this application are true and accurate to the best of my knowledge and authorize City representatives to visit and photograph the property described in this application. Sworn to and subscribed before me this _________________ day of _____________________________, ___________. to me and/or by _______________________________, who is personally known has produced _________________________________ as identification. Signature of property owner or representative Notary public, My commission expires: Attachment number 4 \nPage 2 of 4 Item # 9 Planning & Development Department, 100 S. Myrtle Avenue, Clearwater, FL 33756, Tel: 727-562-4567; Fax: 727-562-4865 Page 3 of 4 06/13 Planning & Development Department Hotel Density Reserve Development Agreement Application Site Plan Submittal Package Checklist IN ADDITION TO THE COMPLETED DEVELOPMENT AGREEMENT APPLICATION, ALL DEVELOPMENT AGREEMENT APPLICATIONS SHALL INCLUDE AN INITIAL SUBMITTAL PACKAGE CONSISTING OF THE FOLLOWING INFORMATION AND/OR PLANS:  A conceptual site plan that depicts the building footprint, off-street parking, landscape areas, and ingress and egress points.  Architectural elevations for all sides of the building.  A massing study that illustrates the building form (including stepbacks) on all sides of the building.  A signed and sealed survey of the property prepared by a registered land surveyor including the location of the property, dimensions, acreage.  A proposed development agreement which shall contain, at a minimum, the following information:  A legal description of the land subject to the development agreement.  The names of all persons having legal or equitable ownership of the land.  The duration of the development agreement, which shall not exceed ten (10) years.  The development uses proposed for the land, including population densities, building intensities and building height.  A description of the public facilities and services that will serve the development, including who shall provide such public facilities and services; the date any new public facilities and services, if needed, will be constructed; who shall bear the expense of construction of any new public facilities and services; and a schedule to assure that the public facilities and services are available concurrent with the impacts of the development. The development agreement shall provide for a cashier's check, a payment and performance bond or letter of credit in the amount of 115 % of the estimated cost of the public facilities and services, to be deposited with the city to secure construction of any new public f acilities and services required to be constructed by the development agreement. The development agreement shall provide that such construction shall be completed prior to the issuance of any certificate of occupancy.  A description of any reservation or dedication of land for public purposes.  A description of all local development approvals approved or needed to be approved for the development.  A finding that the development proposal is consistent with the Comprehensive Plan and the Community Development Code. Additionally, a finding that the requirements for concurrency as set forth in Article 4, Division 10, Community Development Code, have been satisfied.  A description of any conditions, terms, restrictions or other requirements determined to be nec essary by the City Council for the public health, safety or welfare of the citizens of the City of Clearwater. Such conditions, terms, restrictions or other requirements may be supplemental to requirements in existing codes or ordinances of the City.  A statement indicating that the failure of the development agreement to address a particular permit, condition, term or restriction shall not relieve the developer of the necessity of complying with the law governing said permitting requirements, conditions, terms or restrictions.  The development agreement may provide, in the discretion of the City Council, that the entire development or any phase thereof be commenced or be completed within a specific period of time. The development agreement may provide for liquidated damages, the denial of future development approvals, the termination of the development agreement, or the withholding of certificates of occupancy for the failure of the developer to comply with any such deadline.  A statement that the burdens of the development agreement shall be binding upon, and the benefits of the development agreement shall inure to, all successors in interest to the parties to the development agreement.  All development agreements shall specifically state that subsequently adopted ordinances and codes of the city which are of general application not governing the development of land shall be applicable to the lands subject to the development agreement, and that such modifications are specifically anticipated in the develop ment agreement. Attachment number 4 \nPage 3 of 4 Item # 9 Planning & Development Department, 100 S. Myrtle Avenue, Clearwater, FL 33756, Tel: 727-562-4567; Fax: 727-562-4865 Page 4 of 4 06/13 Planning & Development Department Hotel Density Reserve Development Agreement Application Affidavit to Authorize Agent/Representative 1. Provide names of all property owners on deed – PRINT full names: 2. That (I am/we are) the owner(s) and record title holder(s) of the following described property: 3. That this property constitutes the property for which a request for (describe request): 4. That the undersigned (has/have) appointed and (does/do) appoint: as (his/their) agent(s) to execute any petitions or other documents necessary to affect such petition; 5. That this affidavit has been executed to induce the City of Clearwater, F lorida to consider and act on the above described property; 6. That site visits to the property are necessary by City representatives in order to process this application and the owner authorizes City representatives to visit and photograph the property described in this application; 7. That (I/we), the undersigned authority, hereby certify that the foregoing is true and correct. Property Owner Property Owner Property Owner Property Owner STATE OF FLORIDA, COUNTY OF PINELLAS BEFORE ME THE UNDERSIGNED, AN OFFICER DULY COMMISSIONED BY THE LAWS OF THE STATE OF FLORIDA, ON THIS ________________ DAY OF ___________________________________, _________________, PERSONALLY APPEARED _____________________________________________________________________ WHO HAVING BEEN FIRST DULY SWORN DEPOSED AND SAYS THAT HE/SHE FULLY UNDERSTANDS THE CONTENTS OF THE AFFIDAVIT THAT HE/SHE SIGNED. Notary Public Signature Notary Seal/Stamp My Commission Expires: Attachment number 4 \nPage 4 of 4 Item # 9 City Council Agenda Council Chambers - City Hall Meeting Date:7/18/2013 SUBJECT / RECOMMENDATION: Approve the Annexation, Future Land Use Map Amendment from Residential Urban (RU), Preservation (P) and Water/Drainage Feature (Water) (Pinellas County) to Residential Medium (RM), Preservation (P) and Water/Drainage Feature (Water), and Zoning Atlas Amendment from RPD-7.5, Residential Planned Development (7.5 UPA Max Density) category (Pinellas County) to Medium High Density Residential (MHDR) and Preservation (P) (City of Clearwater) for property located at 2200 and 2251 Montclair Road (consisting of a portion of the Southwest ¼ of the Northwest ¼ of Section 6, Township 29 South, Range 16 East) together with the abutting rights-of-way, less North Belcher Road, and right-of-way to the west of the Montclair Road right-of- way; and pass Ordinances 8409-13, 8410-13 and 8411-13 on first reading. (ANX2013-04007, LUP2013-04002 and REZ2013- 04002) SUMMARY: These annexation, future land use map amendment and rezoning applications involve two parcels comprising approximately 23.75 acres in area located on the west side of North Belcher Road between Sunset Point Road and Montclair Road. The Planning Department is requesting that 3.09-acres of rights-of-way abutting the properties (not including North Belcher Road) and to the west of the Montclair Road right-of-way not currently within the city limits also be annexed. The requests are to annex the subject property into the City, and upon annexation into the City to change the property’s Future Land Use Map designations of Residential Urban (RU), Preservation (P) and Water/Draining Feature (Pinellas County) to Residential Medium (RM), Preservation (P) and Water/Drainage Feature and to designate the subject property with the Medium High Density Residential (MHDR) and Preservation (P) zoning categories (City of Clearwater). The existing Pinellas County zoning designation is RPD- 7.5, Residential Planned Development (7.5 Units Per Acre Max Density). The western parcel (11.23 acres), addressed as 2200 Montclair Road, is owned by David B. and Sharon Webb and contains a single-family home and one building (7,984 square feet) associated with the wholesale plant nursery. The eastern parcel (12.52 acres), addressed as 2251 Montclair Road, is owned by Webb’s Nursery, Inc. and is currently used as a wholesale plant nursery with two buildings (totaling 6,280 square feet) and planting areas. Both parcels contain preservation land and portions of Beckett Lake, totaling approximately 7.9 acres; the remaining 15.85 acres consists of developable uplands. The subject property will function with the existing single-family home use and plant wholesale nursery use until the property is sold and redeveloped. It is anticipated that the single-family home will remain and the rest of the property will be redeveloped as multifamily housing. A development application has not been submitted at this time; however, the applicant understands all necessary approvals and permits must be obtained before development of the subject site occurs. The Planning and Development Department has determined that the proposed annexation is consistent with the provisions of Community Development Code Section 4-604.E as follows: The parcels currently receive water service from the City. The applicant is requesting annexation in order to develop the property at a future time with access to urban infrastructure (e.g., City sewer). The applicant is aware of the sewer impact fee and the additional costs to extend sewer services to the property. Collection of solid waste will be provided by the City of Clearwater. The property is located within Police District III and service will be administered through the district headquarters located at 2851 N. McMullen Booth Road. Fire and emergency medical services will be provided to this property by Station 48 located at 1700 North Belcher Road. The City has adequate capacity to serve Cover Memo Item # 10 this property with water, sanitary sewer, solid waste, police, fire and EMS service. The proposed annexation will not have an adverse effect on public facilities and their levels of service; and The proposed annexation is consistent with and promotes the following goals, objectives and policies of the Clearwater Comprehensive Plan: Objective A.6.4 Due to the built-out character of the City of Clearwater, compact urban development within the urban service area shall be promoted through application of the Clearwater Community Development Code. Objective A.7.2 Diversify and expand the City’s tax base through the annexation of a variety of land uses located within the Clearwater Planning Area. Policy A.7.2.3 Continue to process voluntary annexations for single-family residential properties upon request. The parcel is contiguous on the east, west and south to existing City boundaries, represents a logical extension of the boundaries and does not create an enclave; therefore the annexation is consistent with Florida Statutes Chapter 171.044. The Planning and Development Department has determined that the proposed future land use map amendment and zoning atlas amendment is consistent with the Community Development Code as specified below: · The proposed amendments are consistent with the Comprehensive Plan, the Countywide Plan Rules, and the Community Development Code. · The proposed amendments are compatible with the surrounding property and character of the neighborhood. · Sufficient public facilities are available to serve the property. · The proposed amendments will not have an adverse impact on the natural environment. · The proposed amendments will not have an adverse impact on the use of property in the immediate area. · The available uses in the Medium High Density (MHDR) District and Preservation (P) District are compatible with the surrounding area. In accordance with the Countywide Plan Rules, the land use plan amendment is subject to the approval of the Pinellas Planning Council and the Board of County Commissioners acting as the Countywide Planning Authority. The application is a large-scale amendment so review and approval by the Florida Department of Economic Opportunity (Division of Community Planning) is required. The Community Development Board reviewed the land use plan amendment and rezoning applications at its public hearing on June 18, 2013 and unanimously recommended approval. Review Approval: Cover Memo Item # 10 Ordinance No. 8409-13 ORDINANCE NO. 8409-13 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ANNEXING 23.75 ACRES OF REAL PROPERTY LOCATED ON THE SOUTHWEST CORNER OF MONTCLAIR ROAD AND NORTH BELCHER ROAD, CONSISTING OF A PORTION OF THE SOUTHWEST ¼ OF THE NORTHWEST ¼ OF SECTION 6, TOWNSHIP 29 SOUTH, RANGE 16 EAST, WHOSE POST OFFICE ADDRESS IS 2200 & 2251 MONTCLAIR ROAD, TOGETHER WITH THE ABUTTING RIGHTS OF WAY, LESS NORTH BELCHER ROAD, AND RIGHT OF WAY TO THE WEST OF THE MONTCLAIR ROAD RIGHT OF WAY, INTO THE CORPORATE LIMITS OF THE CITY, AND REDEFINING THE BOUNDARY LINES OF THE CITY TO INCLUDE SAID ADDITION; PROVIDING AN EFFECTIVE DATE. WHEREAS, the owner of the real property described herein and depicted on the map attached hereto as Exhibit B has petitioned the City of Clearwater to annex the property into the City pursuant to Section 171.044, Florida Statutes, and the City has complied with all applicable requirements of Florida law in connection with this ordinance; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following-described property is hereby annexed into the City of Clearwater and the boundary lines of the City are redefined accordingly: See Exhibit A for legal description (ANX2013-04007) The map attached as Exhibit B is hereby incorporated by reference. Section 2. The provisions of this ordinance are found and determined to be consistent with the City of Clearwater Comprehensive Plan. The City Council hereby accepts the dedication of all easements, parks, rights-of-way and other dedications to the public, which have heretofore been made by plat, deed or user within the annexed property. The City Engineer, the City Clerk and the Planning and Development Director are directed to include and show the property described herein upon the official maps and records of the City. Section 3. This ordinance shall take effect immediately upon adoption. The City Clerk shall file certified copies of this ordinance, including the map attached hereto, with the Clerk of the Circuit Court and with the County Administrator of Pinellas County, Florida, within 7 days after adoption, and shall file a certified copy with the Florida Department of State within 30 days after adoption. Attachment number 1 \nPage 1 of 7 Item # 10 Ordinance No. 8409-13 PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED ________________________________ George N. Cretekos Mayor Approved as to form: Attest: ___________________________ _____________________________ Leslie K. Dougall-Sides Rosemarie Call Assistant City Attorney City Clerk Attachment number 1 \nPage 2 of 7 Item # 10 Attachment number 1 \nPage 3 of 7 Item # 10 Attachment number 1 \nPage 4 of 7 Item # 10 Attachment number 1 \nPage 5 of 7 Item # 10 All of the right-of-way of Montclair Rd., C.R. 584, lying in the East ½ of NE ¼ of Section 01, Township 29 South, Range 15 East, together with all of the right-of-way of Montclair Rd., C.R. 584, and Sunset Point Rd., C.R. 576, lying in the NW ¼ of Section 06, Township 29 South, Range 16 East. Attachment number 1 \nPage 6 of 7 Item # 10 S:\Planning Department\C D B\Annexations (ANX)\Active Cases\Montclair Rd 2200 and 2251 ANX2013-04007 - Webb Nursery\Maps\W_o Belcher ROW Maps\ANX2013-04007 Proposed Annexation Map.doc RE T. POND 60606060 60 60 79.592.5356.560.370.425052(S)84(S )90(S )8087(S )85(S ) 06115 8808914351 6413064135 3 3 4 2 3 1 20 21 22 23 2425 26 27 28 29 303132 33 34 35 36 3714 13 12 11 10 9 8 7 1 2 3 4 5 6 1 22 21 20 19 1 2 3 4 5 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 1 2 3 4 5 67 810 11 R A 9 14/04 10.1 14/01 55 15 15 48.6506070164 70164 73521 55950 94667 1 920 212 1 1 3 3 1 2 12 LAKE 110 140 183(S)72(S)4059.5110 66 66 130(S)70.956050 50 55 55 60 6069.5606074(S ) 110 149(S)6030864549415494159*9409094165 94092 94169 *** *94091*64132 64129 **64133 A 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 123 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 41 42 43 44 45 46 47 37 38 39 40 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 8889 90 9291 93 94 969597 98 99 100 101 103102 112 114115 116117118119 120 121 122 109 108110 104105107106113 111 23/01 6.65 23/02 17.06 23/032 8.04 22/0210 23/03 23/031 2.37 23/022 1.55 2 23/0321 55 120(S)50506060 50 6060 55506080 110 116(S) 110 595017264 17261 87665 06285 *87665C D 65432 1 36 35 34 33 7 8 9 10 11 12 13 30 29 28 27 26 25 24 31 32 33 34 35 36 37 54 53 52 51 50 49 48 37 38 39 40 41 42 43 60 59 58 57 56 55 54 32 31 30 29 28 27 26 2514 15 16 17 23 22 21 20 38 39 40 41 47 46 45 44 44 45 46 47 53 52 51 50 24 23 22 21 29 30 31 32 33 34 35 28 27 26 25 24 23 22 1 2 3 4 5 6 7 8 910 11 12 13 14 15 16 17 18192021 22 23 24 25 TR ATR C 6 A C(C) A C(C) A C(C) A C(C) A C(C) A C(C) 1 1 1 1 1 1 1 1 3 2 3121 AC BELCHER RDSUNSET POINT RDUTOPIAN DROLD COACHMAN RDALBRIGHT DRSTETSON DRSUNNYDALE BLVD ELMHURST DRGLENVILLE DRBECKETT LAKE DRSUN TREE DR ASBURY DRPEPPERMILL DR2001 2101183121701822 183420882087202020222021 22091821 1828 1834 1816 1822 1828 1821 1864 1816 1822 1870 1864 1870 1822 1816 1809223622422121 19342146 1831 214021411928 1900 23291876 1960 1965 1972 1844 1918 2181 1938 1973 1958 1912 22542187 1962 21462 0 5 0 2131188719622124186521111918 2111210120891978 21231922 1926 21201 88 1 2072 1954 1942 1844 209021021930 230118931967 20741950 1966 1876 21601875 1875 2188 1984 21161951 19392175 1971 19061950 213022671936 213419242117 1875 23001921 (Al1930 thr1923 (Li 1911 thrMO NTCLAIR RD ATLANTIS DRNASH DRCITRUS CT SIDNEY AVELANSING DRPERTH STARBOR LNAMERICUS D HARTFORD WAYSHANGRILA DRCAMELOT DRLAKE ARBOR BLVD THAMESLAKEVIEW DRST CT T GROVE LN 23162030 2000 2010 2018 2014 2006 2022 2026 18311831 1801 1927 1911 1919 1923 1959 1937 1943 1946 2101208620852019 22311839 1827 1833 1845 1851 1826 1832 1844 1850 18381827 1839 1815 1833 1845 1851 1857 1810 1840 1834 1828 1852 1858 1815 1827 1821 1863 1857 1851 1869 1834 1852 1840 1846 1858 1863 1857 1869 1845 1839 1851 1827 1815 1821 1846 1864 1858 1852 1870 1821 1827 1815 1833 1845 1839 1857 1851 1869 18632281 1831 1831 2 1 6 4 2286 2 16 521221961 1975 1839 22771880 1831 1955 2 1 5 8 1831 1907 1935 18311931 19632091 1931 1833 18312125 1845 1831 2 1 7 0 1831 227922851833 1831 1925 21 7 62124 22651831 2288 21072113228819 75 1967 18762140190121162251 20771955 21 82 18312101 216519 69 2193227519 47 1831 1875 1977 1840211821041979 1951 2251 1968 2308183121192134 22301970 2224230821451919 21851914 1810 2 1 4 71932 1943 2273186921101863 19 81 1831 193122631990 1913 2131215519 63 1831 1831 1846 1831 18312194 18571856 1891 1831 214422481831 1949 211221281831 22712142215223041966 1973 1 9 8 5 1 87 5 1899Traf 1899Traf 2095 B221911 (Ba1910 thr-Not to Scale--Not a Survey- PROPOSED ANNEXATION MAP Owners: David B. and Sharon Webb Webb’s Nursery, Inc. Case: ANX2013-04007 Site: 2200 Montclair Road 2251 Montclair Road Property Size: R.O.W. : 23.75 (Acres) 3.09 (Acres) Land Use Zoning PIN: 06-29-16-00000-230-0100 06-29-16-00000-230-0200 From : To: RU, P, Water RPD-7.5 RM, P, Water MHDR, P Atlas Page: 254A Attachment number 1 \nPage 7 of 7 Item # 10 Ordinance No. 8410-13 ORDINANCE NO. 8410-13 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE FUTURE LAND USE PLAN ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY, TO DESIGNATE THE LAND USE FOR CERTAIN REAL PROPERTY LOCATED ON THE SOUTHWEST CORNER OF MONTCLAIR ROAD AND NORTH BELCHER ROAD, CONSISTING OF A PORTION OF THE SOUTHWEST ¼ OF THE NORTHWEST ¼ OF SECTION 6, TOWNSHIP 29 SOUTH, RANGE 16 EAST, WHOSE POST OFFICE ADDRESS IS 2200 & 2251 MONTCLAIR ROAD, TOGETHER WITH THE ABUTTING RIGHTS OF WAY AND RIGHT OF WAY TO THE WEST OF THE MONTCLAIR ROAD RIGHT OF WAY, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS RESIDENTIAL MEDIUM (RM), PRESERVATION (P), AND WATER/DRAINAGE FEATURE (WATER); PROVIDING AN EFFECTIVE DATE. WHEREAS, the amendment to the future land use plan element of the comprehensive plan of the City as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City’s comprehensive plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The future land use plan element of the comprehensive plan of the City of Clearwater is amended by designating the land use category for the hereinafter described property as follows: Property Land Use Category See Exhibit A for legal description Residential Medium (RM) Preservation (P) and Water/Drainage Feature (Water) (LUP2013-04002) The map attached as Exhibit B is hereby incorporated by reference. Section 2. The City Council does hereby certify that this ordinance is consistent with the City’s comprehensive plan. Section 3. This ordinance shall take effect immediately upon adoption, subject to the approval of the land use designation by the Pinellas County Board of County Commissioners, and subject to a determination by the State of Florida, as appropriate, of compliance with the applicable requirements of the Local Government Comprehensive Planning and Land Development Regulation Act, pursuant to § 163.3189, Florida Statutes. The Community Development Coordinator is authorized to transmit to the Pinellas County Planning Council an application to amend the Countywide Plan in order to achieve consistency with the Future Land Use Plan Element of the City’s Comprehensive Plan as amended by this ordinance. Attachment number 2 \nPage 1 of 7 Item # 10 Ordinance No. 8410-13 PASSED ON FIRST READING _____________________ PASSED ON SECOND AND FINAL _____________________ READING AND ADOPTED ___________________________ George N. Cretekos Mayor Approved as to form: Attest: ____________________________ ___________________________ Leslie K. Dougall-Sides Rosemarie Call Assistant City Attorney City Clerk Attachment number 2 \nPage 2 of 7 Item # 10 Attachment number 2 \nPage 3 of 7 Item # 10 Attachment number 2 \nPage 4 of 7 Item # 10 Attachment number 2 \nPage 5 of 7 Item # 10 All of the right-of-way of Montclair Rd., C.R. 584, lying in the East ½ of NE ¼ of Section 01, Township 29 South, Range 15 East, together with all of the right-of-way of Montclair Rd., C.R. 584, and Sunset Point Rd., C.R. 576, lying in the NW ¼ of Section 06, Township 29 South, Range 16 East. Attachment number 2 \nPage 6 of 7 Item # 10 S:\Planning Department\C D B\Land Use Amendments\Active Cases\Montclair Rd 2200 and 2251 LUP2013-04002 - Webb Nursery\Maps\Maps W_O Belcher\LUP_REZ2013-04002 Future Land Use Map.doc WATER P RU IL RU RM P RU RU RM CG R/O/R RU RURU RLM P R/OG RU RL RL RURU T/U CG RU R/OG RL RU IL WATER P RURU RU RM WATER R/OS RL WATER RU RU RU RM BELCHER RDSUNSET POINT RD UTO PIAN DR OLD COACHMAN RDATLANTIS DRALBRIGHT DRSTETSON DRSUNNYDALE BLVD ELMHURST DRGLENVILLE DRBECKETT LAKE DRCITRU S C T SIDNEY AVESUN TREE DRLANSING DR2030 2001 2000 2010 2006 2022 2026 21011831 1937 21701822 1834208820202022 1827 1821 1826 1832 1850 1816 1822 1828 1821 1827 1815 1833 1851 1857 1864 1816 1822 1815 1827 1821 1863 1857 1851 18701869 1834 1870 1863 1857 1869 1851 1827 1815 1821 1822 1816 1864 1870 1821 1827 1809 1815 18331831 21212286 21461831 214021411961 1880 23291876 1965 1907 1844 1935 1918 1831 2181 1958 22542187 19622091 1931 1833 18312146 1833 2 0 5 0 1962212421111967 187621401901 2111210121 82208921012123 1875 21201979 2072 1951 1968 1831 1844 209021022301213422301970 222420741914 1966 1943 1869 1876 21601875 1875 1831 2188 211621312175 1831 1971 185622481950213021171875 1 9 8 5 1921 (Al1930 thr1911 thr1911 (Ba1910 thrMONTCLAIR RD NASH DRASBURY DRPERTH ST PEPPERMILL DRARBOR LNAMERICUS D HARTFORD WAYSHANGRILA DRCAMELOT DRLAKE ARBOR BLVD THAMESLAKEVIEW DST CT T GROVE LN 23162018 2014 18311831 1801 1927 1911 1919 1923 1959 1943 1946 21012086208720852019 2021 220922311839 1833 1845 1851 1844 18381828 1834 1839 1845 1810 1840 1834 1828 1852 1858 1852 1840 1846 1864 1858 1845 1839 1846 1858 1852 1845 1839 1857 1851 1869 1863223622422281 1934 1831 2 1 6 4 2 16 52122 1975 1928 1839 22771831 1955 2 1 5 8 1900 1831 1960 1972 19311938 1963 1973 1912 18312125 1845 2 1 7 0 1831 227922851831 19252131 188721 7 62124 22651831 2288 21072113228819 75 1865211622511918 20771955 1831 1978 216519 69 219322751922 1947 1926 1831 1977 184021182104 1 88 1 2251 23081954 21191942 1930 230818931967 21451919 1950 21851810 2 1 4 71932 227321101863 19 81 1931 1984 22631951 1990 1913 215519 63 1831 18311939 1846 18312194 1857 1906 1891 1831 21441831 22671949 1936 2112212821341924 1831 22712142215223041966 1973 23001 87 5 1899Traf 1899Traf 2095 B221923 (Li -Not to Scale--Not a Survey- FUTURE LAND USE MAP Owners: David B. and Sharon Webb Webb’s Nursery, Inc. Case: LUP2013-04002 REZ2013-04002 Site: 2200 Montclair Road 2251 Montclair Road Property Size: R.O.W. : 23.75 (Acres) 3.09 (Acres) Land Use Zoning PIN: 06-29-16-00000-230-0100 06-29-16-00000-230-0200 From : To: RU, P, Water RPD-7.5 RM, P, Water MHDR, P Atlas Page: 254A RM Attachment number 2 \nPage 7 of 7 Item # 10 Ordinance No. 8411-13 ORDINANCE NO. 8411-13 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY ZONING CERTAIN PROPERTY LOCATED ON THE SOUTHWEST CORNER OF MONTCLAIR ROAD AND NORTH BELCHER ROAD, CONSISTING OF A PORTION OF THE SOUTHWEST ¼ OF THE NORTHWEST ¼ OF SECTION 6, TOWNSHIP 29 SOUTH, RANGE 16 EAST, WHOSE POST OFFICE ADDRESS IS 2200 & 2251 MONTCLAIR ROAD, TOGETHER WITH THE ABUTTING RIGHTS OF WAY AND RIGHT OF WAY TO THE WEST OF THE MONTCLAIR ROAD RIGHT OF WAY, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS MEDIUM HIGH DENSITY RESIDENTIAL (MHDR) AND PRESERVATION (P); PROVIDING AN EFFECTIVE DATE. WHEREAS, the amendment to the zoning atlas of the City as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's Comprehensive Plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following described property in Clearwater, Florida, is hereby rezoned, and the zoning atlas of the City is amended as follows: Property Zoning District See Exhibit A for legal description Medium High Density Residential (MHDR) and Preservation (P) (REZ2013-04002) The map attached as Exhibit B is hereby incorporated by reference. Section 2. The City Engineer is directed to revise the zoning atlas of the City in accordance with the foregoing amendment. Section 3. This ordinance shall take effect immediately upon adoption, subject to the approval of the land use designation set forth in Ordinance 8410-13 by the Pinellas County Board of County Commissioners, and subject to a determination by the State of Florida, as appropriate, of compliance with the applicable requirements of the Local Government Comprehensive Planning and Land Development Regulation Act, pursuant to §163.3189, Florida Statutes. PASSED ON FIRST READING _____________________________ PASSED ON SECOND AND FINAL _____________________________ READING AND ADOPTED Attachment number 3 \nPage 1 of 7 Item # 10 Ordinance No. 8411-13 ___________________________________ George N. Cretekos Mayor Approved as to form: Attest: ______________________________ ___________________________________ Leslie K. Dougall-Sides Rosemarie Call Assistant City Attorney City Clerk Attachment number 3 \nPage 2 of 7 Item # 10 Attachment number 3 \nPage 3 of 7 Item # 10 Attachment number 3 \nPage 4 of 7 Item # 10 Attachment number 3 \nPage 5 of 7 Item # 10 All of the right-of-way of Montclair Rd., C.R. 584, lying in the East ½ of NE ¼ of Section 01, Township 29 South, Range 15 East, together with all of the right-of-way of Montclair Rd., C.R. 584, and Sunset Point Rd., C.R. 576, lying in the NW ¼ of Section 06, Township 29 South, Range 16 East. Attachment number 3 \nPage 6 of 7 Item # 10 S:\Planning Department\C D B\Land Use Amendments\Active Cases\Montclair Rd 2200 and 2251 LUP2013-04002 - Webb Nursery\Maps\Maps W_O Belcher\LUP_REZ2013-04002 Zoning Map.doc P P BELCHER RDSUNSET POINT RDUTOPIAN DROLD COACHMAN RDALBRIGHT DRSTETSON DRSUNNYDALE BLVD ELMHURST DRGLENVILLE DRNASH DRBECKETT LAKE DRCI TRU S C T SUN TREE DR ASBURY DRLANSING DRPE RTH S T PEPPERMILL DRLAKE ARBOR BLVD 2030 2001 2000 2010 2018 2014 2006 2022 2026 21011831 1927 1911 1919 1923 1959 1937 1946 210121701822 183420882087202020222021 22091821 1826 1832 1838 1816 1822 1828 1821 1815 1864 1816 1822 1815 1821 1863 1857 18701869 1834 1870 1857 1869 1851 1827 1815 1821 1822 1816 1864 1870 1821 1827 1809 1815 1833 1845 1839 1851 1869 186322362242 1831 21211934 1831 2286 21461831 214021411961 1928 1880 1831 23291876 1965 1907 1844 1935 1918 1831 21811931 1938 19 63 19 73 1958 22542187 19 622091 1931 1833 183121462050 188719622124212419 75 186521111967 18762140 211121011955 21 822089210119692123 1922 1926 1875 1977 21201 88 1 1979 2072 1951 1968 1831 1954 1942 1844 209021022301213422301970 22242308189319 67 20741919 1950 1914 1966 1943 1869 1876 21601875 1875 1831 2188 1931 21161951 1913 19 63 18311939217521941971 1856 1891 2248195021301949 213421171875 23041 9 8 5 23001 87 5 1921 (Al1930 thr1923 (Li 1911 thr1911 (Ba C O P MDR IRT C I C MDR O LMDR LMDR LMDR LMDR MONTCLAIR RD ATLANTIS DRSIDNEY AVEARBOR LNAMERICUS D HARTFORD WAYSHANGRILA DRCAMELOT DRTHAMESLAKEVIEW DRST CT T GROVE LN 231618311831 1801 19 43 208620851 2019 22311839 1827 1833 1845 1851 1844 1850 1828 1834 1827 1839 1833 1845 1851 1857 1810 1840 1834 1828 1852 1858 1827 1851 1852 1840 1846 1864 1858 1863 1845 1839 1846 1858 1852 185722812164 2 16 52122 1975 1839 22771831 1955 2 1 5 8 1900 1960 1972 1912 18312125 1845 2 1 7 0 1831 227922851833 1831 19252131 21 7 6 22651831 2288 21072113228819012116 22511918 20771831 1978 21652193227519 47 1831 1840211821042251 230821191930 214521851810 2 14 71932 227321101863 19 81 1984 22631990 213121551831 1846 1831 1831 1857 1906 183121441831 22671936 211221281924 1831 227121422152 1966 1973 1899Traf 1899Traf 2095 B221910 thrS/R LMDR LMDR-Not to Scale--Not a Survey- ZONING MAP Owners: David B. and Sharon Webb Webb’s Nursery, Inc. Case: LUP2013-04002 REZ2013-04002 Site: 2200 Montclair Road 2251 Montclair Road Property Size: R.O.W. : 23.75 (Acres) 3.09 (Acres) Land Use Zoning PIN: 06-29-16-00000-230-0100 06-29-16-00000-230-0200 From : To: RU, P, Water RPD-7.5 RM, P, Water MHDR, P Atlas Page: 254A MHDR Attachment number 3 \nPage 7 of 7 Item # 10 S:\Planning Department\C D B\Annexations (ANX)\Active Cases\Montclair Rd 2200 and 2251 ANX2013-04007 - Webb Nursery\Maps\W_o Belcher ROW Maps\ANX2013-04007 Location Map.doc ^ PROJECT SITE BELCHER RDSUNSET POINT RD MONTCLA IR RD U T O P I A N D R OLD COACHMAN RDSUNNYDALE BLVD ALBANY DRSTETSON DRALBRIGHT DRATLANTIS DRSPANISH DR SUN TREE DR PRINCETON DRGLENVILLE DRELMHURST DRSIDNEY AVELAKE ARBOR BLVD ASBURY DRVANDERBILT DRBELMONT DRTHAMES ST AMERICUS DR CHARTER OAKS DR SUN TREE CIR DENMARK STVILLA TERARBOR LNSUNSET POINT RD -Not to Scale--Not a Survey- LOCATION MAP Owners: David B. and Sharon Webb Webb’s Nursery, Inc. Case: ANX2013-04007 Site: 2200 Montclair Road 2251 Montclair Road Property Size: R.O.W. : 23.75 (Acres) 3.09 (Acres) Land Use Zoning PIN: 06-29-16-00000-230-0100 06-29-16-00000-230-0200 From : To: RU, P, Water RPD-7.5 RM, P, Water MHDR, P Atlas Page: 254A Attachment number 4 \nPage 1 of 10 Item # 10 S:\Planning Department\C D B\Annexations (ANX)\Active Cases\Montclair Rd 2200 and 2251 ANX2013-04007 - Webb Nursery\Maps\W_o Belcher ROW Maps\ANX2013-04007 Aerial Photograph.doc MONTCLAIR RDMONTCLAIR RD N BELCHER RDN BELCHER RDN BELCHER RD N BELCHER RD SUNSET POINT RD SUNSET POINT RD OLD COACHMAN RD OLD COACHMAN RD ATLANTIS DR ATLANTIS DR UTOPIAN DR WUTOPIAN DR W ALBRIGHT DR ALBRIGHT DR STETSON DR STETSON DR SUNNYDALE BLVD SUNNYDALE BLVD BECKETT LAKE DR BECKETT LAKE DR ELMHURST DR ELMHURST DR GLENVILLE DR GLENVILLE DR NASH DR NASH DR SIDNEY AVE SIDNEY AVE SUN TREE DR SUN TREE DR ASBURY DR ASBURY DR PEPPERMILL DR PEPPERMILL DR PERTH ST PERTH ST -Not to Scale--Not a Survey- AERIAL PHOTOGRAPH Owners: David B. and Sharon Webb Webb’s Nursery, Inc. Case: ANX2013-04007 Site: 2200 Montclair Road 2251 Montclair Road Property Size: R.O.W. : 23.75 (Acres) 3.09 (Acres) Land Use Zoning PIN: 06-29-16-00000-230-0100 06-29-16-00000-230-0200 From : To: RU, P, Water RPD-7.5 RM, P, Water MHDR, P Atlas Page: 254A Attachment number 4 \nPage 2 of 10 Item # 10 S:\Planning Department\C D B\Annexations (ANX)\Active Cases\Montclair Rd 2200 and 2251 ANX2013-04007 - Webb Nursery\Maps\W_o Belcher ROW Maps\ANX2013-04007 Proposed Annexation Map.doc RE T. POND 60606060 60 60 79.592.5356.560.370.425052(S)84(S )90(S )8087(S )85(S ) 06115 8808914351 6413064135 3 3 4 2 3 1 20 21 22 23 2425 26 27 28 29 303132 33 34 35 36 3714 13 12 11 10 9 8 7 1 2 3 4 5 6 1 22 21 20 19 1 2 3 4 5 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 1 2 3 4 5 67 810 11 R A 9 14/04 10.1 14/01 55 15 15 48.6506070164 70164 73521 55950 94667 1 920 212 1 1 3 3 1 2 12 LAKE 110 140 183(S)72(S)4059.5110 66 66 130(S)70.956050 50 55 55 60 6069.5606074(S ) 110 149(S)6030864549415494159*9409094165 94092 94169 *** *94091*64132 64129 **64133 A 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 123 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 41 42 43 44 45 46 47 37 38 39 40 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 8889 90 9291 93 94 969597 98 99 100 101 103102 112 114115 116117118119 120 121 122 109 108110 104105107106113 111 23/01 6.65 23/02 17.06 23/032 8.04 22/0210 23/03 23/031 2.37 23/022 1.55 2 23/0321 55 120(S)50506060 50 6060 55506080 110 116(S) 110 595017264 17261 87665 06285 *87665C D 65432 1 36 35 34 33 7 8 9 10 11 12 13 30 29 28 27 26 25 24 31 32 33 34 35 36 37 54 53 52 51 50 49 48 37 38 39 40 41 42 43 60 59 58 57 56 55 54 32 31 30 29 28 27 26 2514 15 16 17 23 22 21 20 38 39 40 41 47 46 45 44 44 45 46 47 53 52 51 50 24 23 22 21 29 30 31 32 33 34 35 28 27 26 25 24 23 22 1 2 3 4 5 6 7 8 910 11 12 13 14 15 16 17 18192021 22 23 24 25 TR ATR C 6 A C(C) A C(C) A C(C) A C(C) A C(C) A C(C) 1 1 1 1 1 1 1 1 3 2 3121 AC BELCHER RDSUNSET POINT RDUTOPIAN DROLD COACHMAN RDALBRIGHT DRSTETSON DRSUNNYDALE BLVD ELMHURST DRGLENVILLE DRBECKETT LAKE DRSUN TREE DR ASBURY DRPEPPERMILL DR2001 2101183121701822 183420882087202020222021 22091821 1828 1834 1816 1822 1828 1821 1864 1816 1822 1870 1864 1870 1822 1816 1809223622422121 19342146 1831 214021411928 1900 23291876 1960 1965 1972 1844 1918 2181 1938 1973 1958 1912 22542187 1962 21462 0 5 0 2131188719622124186521111918 2111210120891978 21231922 1926 21201 88 1 2072 1954 1942 1844 209021021930 230118931967 20741950 1966 1876 21601875 1875 2188 1984 21161951 19392175 1971 19061950 213022671936 213419242117 1875 23001921 (Al1930 thr1923 (Li 1911 thrMO NTCLAIR RD ATLANTIS DRNASH DRCITRUS CT SIDNEY AVELANSING DRPERTH STARBOR LNAMERICUS D HARTFORD WAYSHANGRILA DRCAMELOT DRLAKE ARBOR BLVD THAMESLAKEVIEW DRST CT T GROVE LN 23162030 2000 2010 2018 2014 2006 2022 2026 18311831 1801 1927 1911 1919 1923 1959 1937 1943 1946 2101208620852019 22311839 1827 1833 1845 1851 1826 1832 1844 1850 18381827 1839 1815 1833 1845 1851 1857 1810 1840 1834 1828 1852 1858 1815 1827 1821 1863 1857 1851 1869 1834 1852 1840 1846 1858 1863 1857 1869 1845 1839 1851 1827 1815 1821 1846 1864 1858 1852 1870 1821 1827 1815 1833 1845 1839 1857 1851 1869 18632281 1831 1831 2 1 6 4 2286 2 16 521221961 1975 1839 22771880 1831 1955 2 1 5 8 1831 1907 1935 18311931 19632091 1931 1833 18312125 1845 1831 2 1 7 0 1831 227922851833 1831 1925 21 7 62124 22651831 2288 21072113228819 75 1967 18762140190121162251 20771955 21 82 18312101 216519 69 2193227519 47 1831 1875 1977 1840211821041979 1951 2251 1968 2308183121192134 22301970 2224230821451919 21851914 1810 2 1 4 71932 1943 2273186921101863 19 81 1831 193122631990 1913 2131215519 63 1831 1831 1846 1831 18312194 18571856 1891 1831 214422481831 1949 211221281831 22712142215223041966 1973 1 9 8 5 1 87 5 1899Traf 1899Traf 2095 B221911 (Ba1910 thr-Not to Scale--Not a Survey- PROPOSED ANNEXATION MAP Owners: David B. and Sharon Webb Webb’s Nursery, Inc. Case: ANX2013-04007 Site: 2200 Montclair Road 2251 Montclair Road Property Size: R.O.W. : 23.75 (Acres) 3.09 (Acres) Land Use Zoning PIN: 06-29-16-00000-230-0100 06-29-16-00000-230-0200 From : To: RU, P, Water RPD-7.5 RM, P, Water MHDR, P Atlas Page: 254A Attachment number 4 \nPage 3 of 10 Item # 10 S:\Planning Department\C D B\Annexations (ANX)\Active Cases\Montclair Rd 2200 and 2251 ANX2013-04007 - Webb Nursery\Maps\W_o Belcher ROW Maps\ANX2013-04007 Future Land Use Map.doc WATER P RU IL RU RM P RU RU RM CG R/O/R RU RURU RLM P R/OG RU RL RL RURU T/U CG RU R/OG RL RU IL WATER P RURU RU RM WATER R/OS RL WATER RU RU RU RM BELCHER RDSUNSET POINT RD UTO PIAN DR OLD COACHMAN RDATLANTIS DRALBRIGHT DRSTETSON DRSUNNYDALE BLVD ELMHURST DRGLENVILLE DRBECKETT LAKE DRCITRU S C T SIDNEY AVESUN TREE DRLANSING DR2030 2001 2000 2010 2006 2022 2026 21011831 1937 21701822 1834208820202022 1827 1821 1826 1832 1850 1816 1822 1828 1821 1827 1815 1833 1851 1857 1864 1816 1822 1815 1827 1821 1863 1857 1851 18701869 1834 1870 1863 1857 1869 1851 1827 1815 1821 1822 1816 1864 1870 1821 1827 1809 1815 18331831 21212286 21461831 214021411961 1880 23291876 1965 1907 1844 1935 1918 1831 2181 1958 22542187 19622091 1931 1833 18312146 1833 2 0 5 0 1962212421111967 187621401901 2111210121 82208921012123 1875 21201979 2072 1951 1968 1831 1844 209021022301213422301970 222420741914 1966 1943 1869 1876 21601875 1875 1831 2188 211621312175 1831 1971 185622481950213021171875 1 9 8 5 1921 (Al1930 thr1911 thr1911 (Ba1910 thrMONTCLAIR RD NASH DRASBURY DRPERTH ST PEPPERMILL DRARBOR LNAMERICUS D HARTFORD WAYSHANGRILA DRCAMELOT DRLAKE ARBOR BLVD THAMESLAKEVIEW DST CT T GROVE LN 23162018 2014 18311831 1801 1927 1911 1919 1923 1959 1943 1946 21012086208720852019 2021 220922311839 1833 1845 1851 1844 18381828 1834 1839 1845 1810 1840 1834 1828 1852 1858 1852 1840 1846 1864 1858 1845 1839 1846 1858 1852 1845 1839 1857 1851 1869 1863223622422281 1934 1831 2 1 6 4 2 16 52122 1975 1928 1839 22771831 1955 2 1 5 8 1900 1831 1960 1972 19311938 1963 1973 1912 18312125 1845 2 1 7 0 1831 227922851831 19252131 188721 7 62124 22651831 2288 21072113228819 75 1865211622511918 20771955 1831 1978 216519 69 219322751922 1947 1926 1831 1977 184021182104 1 88 1 2251 23081954 21191942 1930 230818931967 21451919 1950 21851810 2 1 4 71932 227321101863 19 81 1931 1984 22631951 1990 1913 215519 63 1831 18311939 1846 18312194 1857 1906 1891 1831 21441831 22671949 1936 2112212821341924 1831 22712142215223041966 1973 23001 87 5 1899Traf 1899Traf 2095 B221923 (Li -Not to Scale--Not a Survey- FUTURE LAND USE MAP Owners: David B. and Sharon Webb Webb’s Nursery, Inc. Case: ANX2013-04007 Site: 2200 Montclair Road 2251 Montclair Road Property Size: R.O.W. : 23.75 (Acres) 3.09 (Acres) Land Use Zoning PIN: 06-29-16-00000-230-0100 06-29-16-00000-230-0200 From : To: RU, P, Water RPD-7.5 RM, P, Water MHDR, P Atlas Page: 254A RM Attachment number 4 \nPage 4 of 10 Item # 10 S:\Planning Department\C D B\Annexations (ANX)\Active Cases\Montclair Rd 2200 and 2251 ANX2013-04007 - Webb Nursery\Maps\W_o Belcher ROW Maps\ANX2013-04007 Zoning Map.doc P P BELCHER RDSUNSET POINT RDUTOPIAN DROLD COACHMAN RDALBRIGHT DRSTETSON DRSUNNYDALE BLVD ELMHURST DRGLENVILLE DRNASH DRBECKETT LAKE DRCI TRU S C T SUN TREE DR ASBURY DRLANSING DRPE RTH S T PEPPERMILL DRLAKE ARBOR BLVD 2030 2001 2000 2010 2018 2014 2006 2022 2026 21011831 1927 1911 1919 1923 1959 1937 1946 210121701822 183420882087202020222021 22091821 1826 1832 1838 1816 1822 1828 1821 1815 1864 1816 1822 1815 1821 1863 1857 18701869 1834 1870 1857 1869 1851 1827 1815 1821 1822 1816 1864 1870 1821 1827 1809 1815 1833 1845 1839 1851 1869 186322362242 1831 21211934 1831 2286 21461831 214021411961 1928 1880 1831 23291876 1965 1907 1844 1935 1918 1831 21811931 1938 19 63 19 73 1958 22542187 19 622091 1931 1833 183121462050 188719622124212419 75 186521111967 18762140 211121011955 21 822089210119692123 1922 1926 1875 1977 21201 88 1 1979 2072 1951 1968 1831 1954 1942 1844 209021022301213422301970 22242308189319 67 20741919 1950 1914 1966 1943 1869 1876 21601875 1875 1831 2188 1931 21161951 1913 19 63 18311939217521941971 1856 1891 2248195021301949 213421171875 23041 9 8 5 23001 87 5 1921 (Al1930 thr1923 (Li 1911 thr1911 (Ba C O P MDR IRT C I C MDR O LMDR LMDR LMDR LMDR MONTCLAIR RD ATLANTIS DRSIDNEY AVEARBOR LNAMERICUS D HARTFORD WAYSHANGRILA DRCAMELOT DRTHAMESLAKEVIEW DRST CT T GROVE LN 231618311831 1801 19 43 208620851 2019 22311839 1827 1833 1845 1851 1844 1850 1828 1834 1827 1839 1833 1845 1851 1857 1810 1840 1834 1828 1852 1858 1827 1851 1852 1840 1846 1864 1858 1863 1845 1839 1846 1858 1852 185722812164 2 16 52122 1975 1839 22771831 1955 2 1 5 8 1900 1960 1972 1912 18312125 1845 2 1 7 0 1831 227922851833 1831 19252131 21 7 6 22651831 2288 21072113228819012116 22511918 20771831 1978 21652193227519 47 1831 1840211821042251 230821191930 214521851810 2 14 71932 227321101863 19 81 1984 22631990 213121551831 1846 1831 1831 1857 1906 183121441831 22671936 211221281924 1831 227121422152 1966 1973 1899Traf 1899Traf 2095 B221910 thrS/R LMDR LMDR-Not to Scale--Not a Survey- ZONING MAP Owners: David B. and Sharon Webb Webb’s Nursery, Inc. Case: ANX2013-04007 Site: 2200 Montclair Road 2251 Montclair Road Property Size: R.O.W. : 23.75 (Acres) 3.09 (Acres) Land Use Zoning PIN: 06-29-16-00000-230-0100 06-29-16-00000-230-0200 From : To: RU, P, Water RPD-7.5 RM, P, Water MHDR, P Atlas Page: 254A MHDR Attachment number 4 \nPage 5 of 10 Item # 10 S:\Planning Department\C D B\Annexations (ANX)\Active Cases\Montclair Rd 2200 and 2251 ANX2013-04007 - Webb Nursery\Maps\W_o Belcher ROW Maps\ANX2013-04007 Existing Surrounding Uses Map.doc RE T. POND 60606060 60 60 79.592.5356.560.370.425052(S)84(S )90(S )8087(S )85(S ) 06115 8808914351 6413064135 3 3 4 2 3 1 20 21 22 23 2425 26 27 28 29 303132 33 34 35 36 3714 13 12 11 10 9 8 7 1 2 3 4 5 6 1 22 21 20 19 1 2 3 4 5 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 1 2 3 4 5 67 810 11 R A 9 14/04 10.1 14/01 55 15 15 48.6506070164 70164 73521 55950 94667 1 920 212 1 1 3 3 1 2 12 LAKE 110 140 183(S)72(S)4059.5110 66 66 130(S)70.956050 50 55 55 60 6069.5606074(S ) 110 149(S)6030864549415494159*9409094165 94092 94169 *** *94091*64132 64129 **64133 A 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 123 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 41 42 43 44 45 46 47 37 38 39 40 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 8889 90 9291 93 94 969597 98 99 100 101 103102 112 114115 116117118119 120 121 122 109 108110 104105107106113 111 23/01 6.65 23/02 17.06 23/032 8.04 22/0210 23/03 23/031 2.37 23/022 1.55 2 23/0321 55 120(S)50506060 50 6060 55506080 110 116(S) 110 595017264 17261 87665 06285 *87665C D 65432 1 3635 34 33 7 8 9 10 11 12 13 30 29 28 27 26 25 24 31 32 33 34 35 36 37 54 53 52 51 50 49 48 37 38 39 40 41 42 43 60 59 58 57 56 55 54 32 31 30 29 28 27 26 2514 15 16 17 23 22 21 20 38 39 40 41 47 46 45 44 44 45 46 47 53 52 51 50 24 23 22 21 29 30 31 32 33 34 35 28 27 26 25 24 23 22 1 2 3 4 5 6 7 8 910 11 12 13 14 15 16 17 18192021 22 23 24 25 TR ATR C 6 A C(C) A C(C) A C(C) A C(C) A C(C) A C(C) 1 1 1 1 1 1 1 1 3 2 3121 A C BELCHER RDSUNSET POINT RDUTOPIAN DROLD COACHMAN RDALBRIGHT DRSTETSON DRSUNNYDALE BLVD ELMHURST DRGLENVILLE DRBECKETT LAKE DRSUN TREE DR ASBURY DRPEPPERMILL DR2001 2101183121701822 183420882087202020222021 22091821 1828 1834 1816 1822 1828 1821 1864 1816 1822 1870 1864 1870 1822 1816 1809223622422121 19342146 1831 214021411928 1900 23291876 1960 1965 1972 1844 1918 2181 1938 19 73 1958 1912 22542187 19 62 21462 0 5 0 2131188719622124186521111918 2111210120891978 21231922 1926 21201 88 1 2072 1954 1942 1844 209021021930 2301189319 67 20741950 1966 1876 21601875 1875 2188 1984 21161951 19392175 1971 19061950 213022671936 213419242117 1875 23001921 (Al1930 thr1923 (Li 1911 thrMONTCLAIR RD ATLANTIS DRNASH DRCITRUS CT SIDNEY AVELANSING DRPERTH STARBOR LNAMERICUS D HARTFORD WAYSHANGRILA DRCAMELOT DRLAKE ARBOR BLVD THAMESLAKEVIEW DRST CT T GROVE LN 23162030 2000 2010 2018 2014 2006 2022 2026 18311831 1801 1927 1911 1919 1923 1959 1937 19 43 1946 2101208620851 2019 22311839 1827 1833 1845 1851 1826 1832 1844 1850 18381827 1839 1815 1833 1845 1851 1857 1810 1840 1834 1828 1852 1858 1815 1827 1821 1863 1857 1851 1869 1834 1852 1840 1846 1858 1863 1857 1869 1845 1839 1851 1827 1815 1821 1846 1864 1858 1852 1870 1821 1827 1815 1833 1845 1839 1857 1851 1869 18632281 1831 1831 2 1 6 4 2286 2 16 521221961 1975 1839 22771880 1831 1955 2 1 5 8 1831 1907 1935 18311931 19 632091 1931 1833 18312125 1845 1831 2 1 7 0 1831 227922851833 1831 1925 21 7 62124 22651831 2288 21072113228819 75 1967 18762140190121162251 20771955 21 82 18312101 216519 69 2193227519 47 1831 1875 1977 1840211821041979 1951 2251 1968 2308183121192134 22301970 2224230821451919 21851914 1810 2 14 71932 1943 2273186921101863 19 81 1831 193122631990 1913 2131215519 63 1831 1831 1846 1831 18312194 18571856 1891 1831 214422481831 1949 211221281831 227121422152 23041966 1973 1 9 8 5 1 87 5 1899Traf 1899Traf 2095 B221911 (Ba1910 thr-Not to Scale--Not a Survey- EXISTING SURROUNDING USES MAP Owners: David B. and Sharon Webb Webb’s Nursery, Inc. Case: ANX2013-04007 Site: 2200 Montclair Road 2251 Montclair Road Property Size: R.O.W. : 23.75 (Acres) 3.09 (Acres) Land Use Zoning PIN: 06-29-16-00000-230-0100 06-29-16-00000-230-0200 From : To: RU, P, Water RPD-7.5 RM, P, Water MHDR, P Atlas Page: 254A Condominiums Condominiums Townhomes Assisted Living Facility Single Family Homes Gas Station Grocery Store Bank Single Family Homes Offices Restaurant Self Storage Offices Pharmacy Car WashCondominiums Attachment number 4 \nPage 6 of 10 Item # 10 ANX2013-04007 Webb, David B. & Sharon and Webb’s Nursery, Inc. 2200 & 2251 Montclair Road View looking south at the subject property, 2200 Montclair Rd. Nursery office building on western parcel View looking south at the subject property, 2251 Montclair Rd. Nursery storage building on eastern parcel View looking south at eastern parcel storage shed and nursery planting area View looking north at the subject property (Beckett Lake) from Sunset Point Rd. Attachment number 4 \nPage 7 of 10 Item # 10 ANX2013-04007 Webb, David B. & Sharon and Webb’s Nursery, Inc. 2200 & 2251 Montclair Road Across Montclair Rd., to the north of the subject property, Top of the World condominiums View looking easterly along Montclair Road Across Montclair Rd., to the north of the subject property, Villas of Lake Arbor townhomes View looking westerly along Montclair Road Across North Belcher Rd., to the east of the subject property, gas station Across North Belcher Rd., to the east of the subject property, Publix grocery store Attachment number 4 \nPage 8 of 10 Item # 10 ANX2013-04007 Webb, David B. & Sharon and Webb’s Nursery, Inc. 2200 & 2251 Montclair Road Across North Belcher Rd., to the east of the subject property, Bank of America View looking southerly along North Belcher Road View looking northerly along North Belcher Road Across Sunset Point Rd., to the south of the subject property, Walgreens pharmacy Across Sunset Point Rd., to the south of the subject property, office building View looking easterly along Sunset Point Road Attachment number 4 \nPage 9 of 10 Item # 10 ANX2013-04007 Webb, David B. & Sharon and Webb’s Nursery, Inc. 2200 & 2251 Montclair Road View looking westerly along Sunset Point Road West of the subject property frontage on Sunset Point Rod., single family homes West of the subject property frontage on Sunset Point Rd., Beckett Lake preservation area West of the subject property frontage on Montclair Rd., assisted living facility Attachment number 4 \nPage 10 of 10 Item # 10 F.4. COMMUNITY DEVELOPMENT BOARD PLANNING AND DEVELOPMENT DEPARTMENT STAFF REPORT MEETING DATE: June 18, 2013 AGENDA ITEM: F.4. CASE: LUP2013-04002 REQUEST: To amend the present Future Land Use Map designations from Residential Urban (RU), Preservation (P) and Water/Drainage Feature to Residential Medium (RM), Preservation (P) and Water/Drainage Feature. GENERAL DATA: Agent……………………… E.D. Armstrong, Esquire, Hill Ward and Henderson, Attorneys at Law Applicant / Owner.............. David B. and Sharon Webb and Webb’s Nursery, Inc. Location……..................... 2200 and 2251 Montclair Road, located west of North Belcher Road between Sunset Point Road and Montclair Road. Property Size…................. 23.75 total acres; 15.85 acres of uplands ANALYSIS: Site Location and Existing Conditions: This case involves two parcels with a total acreage of 23.75 located on the west side of North Belcher Road between Sunset Point Road and Montclair Road. The western parcel (11.23 acres), addressed as 2200 Montclair Road, is owned by David B. and Sharon Webb and contains a single family home and one building (7,984 square feet) associated with the wholesale plant nursery. The eastern parcel (12.52 acres), addressed as 2251 Montclair Road, is owned by Webb’s Nursery, Inc. and is currently used as a wholesale plant nursery with two buildings (totaling 6,280 square feet) and planting areas. The subject site was acquired in 1921 by the Webb family and was part of Webb family land holdings in the area that originally totaled 150 acres. From 1921 to 1950 the Webb family’s 150 acres operated as an orange grove and contained a single family home built in 1925 where the Webb family lived. In 1950 the eastern portion of the subject property was converted to a plant nursery, with the single family home remaining on the western portion. Other parcels of the original land holding were sold off and others retained (e.g., the property to the east is owned by the Webb family but has a long-term lease agreement with Publix Super Markets, Inc.). Both properties contain preservation land and portions of Beckett Lake, totaling approximately 7.9 acres; the remaining 15.85 acres is developable uplands. The parcels are both currently under the jurisdiction of Pinellas County, but a Petition for Annexation (ANX2013-04007) in the City is being processed concurrently with this application. Attachment number 5 \nPage 1 of 25 Item # 10 Community Development Board – June 18, 2013 Revised for City Council Meeting July 18, 2013 LUP2013-04002- Page 2 of 11 Level III Comprehensive Plan Amendment Application Review PLANNING & DEVELOPMENT LONG RANGE DIVISION Request: The request is to change the property’s Future Land Use Map designations of Residential Urban (RU), Preservation (P) and Water/Draining Feature to Residential Medium (RM), Preservation (P) and Water/Drainage Feature. There is a slight decrease from the total acreage currently designated as Preservation (P) and to the proposed Preservation (P) classification since the proposed is based on an accurate jurisdicitonal wetland survey approved by the Southwest Florida Water Management District (SWFWMD). The subject property will function with the existing single family home use and plant wholesale nursery use until the property is sold and redeveloped. It is anticipated that the single family home will remain and the rest of the property will be redeveloped as multifamily housing. A development application has not been submitted at this time; however, the applicant understands all necessary approvals and permits must be obtained before development of the subject site occurs. Vicinity Characteristics: Adjacent to the property, to the north (across Montclair Road) are condominiums and townhomes, to the south (across Sunset Point Road) is a pharmacy and offices, to the west is an assisted living facility, single family homes and the remainder of Beckett Lake, and to the east (across North Belcher Road) is a grocery store, bank and gas station. Abutting the subject property is a variety of Future Land Use Map classifications; the Residential/Office/Retail (R/O/R) classification shares the largest portion of the linear perimeter boundary with approximately 1,418 feet or 33 percent (see Figure 1). The area is characterized by primarily residential development to the north and west and primarily commercial and office uses to the south and east. A complete listing of the surrounding land uses, Future Land Use Map designations and Zoning Atlas designations are shown in Table 1. In addition, a comparison between the uses and intensities allowed by the present and proposed Future Land Use Map Attachment number 5 \nPage 2 of 25 Item # 10 Community Development Board – June 18, 2013 Revised for City Council Meeting July 18, 2013 LUP2013-04002- Page 3 of 11 Level III Comprehensive Plan Amendment Application Review PLANNING & DEVELOPMENT LONG RANGE DIVISION designations appears in Table 2. Figure 1. Abutting Future Land Use Designations Table 1. Surrounding Future Land Use and Zoning Designations Existing Conditions Existing Use(s) FLUM Designation Zoning Atlas Designation Direction North: Condominiums, townhomes Residential Urban (RU) RPD-7.5 (County) East: Grocery store, bank, gas station Residential/Office/Retail (R/O/R) Commercial (C) South: Pharmacy, Car wash Commercial General (CG) Commercial (C) West: Assisted living facility, single family homes, lake Residential Low Medium (RLM); Residential Urban (RU); Water/Drainage Feature; Preservation (P) Medium Density Residential (MDR); Low Medium Density Residential (LMDR); Preservation (P) Table 2. Uses and Intensities Allowed by Present and Proposed Future Land Use Designations Present FLUM Designation Residential Urban (RU) Requested FLUM Designation Residential Medium (RM) Primary Uses: Urban Low Density Residential Moderate to High Density Residential Maximum Density: 7.5 Dwelling Units Per Acre 15 Dwelling Units Per Acre Maximum Intensity: FAR 0.40; ISR 0.65 FAR 0.50; ISR 0.75 Consistent Zoning Districts: Low Medium Density Residential (LMDR); Medium Density Residential (MDR) Medium Density Residential (MDR); Medium High Density Residential (MHDR) 5% 33% 4% 8% 31% 18% 1% Commerical General (CG) Residential/Office/ Retail (R/O/R) Residential/Office General (R/OG) Residential Low Medium (RLM) Residential Urban (RU) Water/Drainage Feature Preservation (P) Attachment number 5 \nPage 3 of 25 Item # 10 Community Development Board – June 18, 2013 Revised for City Council Meeting July 18, 2013 LUP2013-04002- Page 4 of 11 Level III Comprehensive Plan Amendment Application Review PLANNING & DEVELOPMENT LONG RANGE DIVISION REVIEW CRITERIA: No amendment to the Comprehensive Plan or Future Land Use Map shall be recommended for approval or receive a final action of approval unless it complies with the standards contained in Section 4-603.F, Community Development Code. Table 3 depicts the consistency of the proposed amendment with the standards as per Section 4-603.F: Table 3. Consistency with Community Development Code Standards CDC Section 4-603 Standard Consistent Inconsistent F.1 The amendment will further implementation of the Comprehensive Plan consistent with the goals, policies and objectives contained in the Plan. X F.2 The amendment is not inconsistent with other provisions of the Comprehensive Plan. X F.3 The available uses, if applicable, to which the property may be put are appropriate to the property in question and compatible with existing and planned uses in the area. X F.4 Sufficient public facilities are available to serve the property. X F.5 The amendment will not adversely affect the natural environment. X F.6 The amendment will not adversely impact the use of property in the immediate area. X RECOMMENDED FINDINGS OF FACT AND CONCLUSIONS OF LAW: Consistency with the Clearwater Comprehensive Plan [Sections 4-603.F.1 and 4-603.F.2] Recommended Findings of Fact: Applicable goals, objectives and policies of the Clearwater Comprehensive Plan which support the proposed amendment include: Goal A.2 A sufficient variety and amount of Future Land Use categories shall be provided to accommodate public demand and promote infill development. Policy A.2.2.2 Residential land uses shall be sited on well-drained soils, in proximity to parks, schools, mass transit and other neighborhood-serving land uses. Goal A.4 The City shall not permit development to occur unless an adequate level of service is available to accommodate the impacts of development. Areas in which the impact of existing development exceeds the desired levels of service will be upgraded consistent with the target dates for infrastructure improvements included in the applicable functional plan element. Goal A.5 The City of Clearwater shall identify and utilize a citywide design structure comprised of a hierarchy of places and linkages. The citywide design structure will serve as a guide to development and land use decisions while protecting those elements that make the City uniquely Clearwater. Attachment number 5 \nPage 4 of 25 Item # 10 Community Development Board – June 18, 2013 Revised for City Council Meeting July 18, 2013 LUP2013-04002- Page 5 of 11 Level III Comprehensive Plan Amendment Application Review PLANNING & DEVELOPMENT LONG RANGE DIVISION Policy A.5.2.3 Identify Designated Scenic Non-Commercial Corridors: specially designated roadway for which policies exist to preserve traffic capacity and to protect the aesthetic qualities of the roadway corridor as well as limiting commercial development. Objective A.5.3 Use the city-wide design structure as a guide to preserve the existing character of certain corridors within the City of Clearwater. Policy A.5.3.1 Preserve the residential character of the designated scenic non-commercial corridor of Belcher Road from Sunset Point Road to the northern City Limits. Objective A.6.2 The City of Clearwater shall continue to support innovative planned development and mixed land use development techniques in order to promote infill development that is consistent and compatible with the surrounding environment. Policy A.6.2.2 Encourage land use conversions on economically underutilized parcels and corridors, and promote redevelopment activities in these areas. Policy B.1.3.1 Requests for amendment to the Future Land Use Map will have an analysis of traffic impacts. Objective B.1.4 The City shall specifically consider the existing and planned LOS the road network affected by a proposed development, when considering an amendment to the land use map, rezoning, subdivision plat, or site plan approval. Objective C.1.1 Assure an adequate supply of housing in Clearwater by providing for additional new dwelling units in a variety of types, costs, and locations to meet the needs of the residents of the City of Clearwater. Policy F.1.5.3 The City shall protect and prevent disturbance of any natural wetland areas whether publicly or privately owned, by utilizing assessments and authority provided by the Florida Department of Environmental (FDEP), the Southwest Florida Water Management District (SWFWMD), Pinellas County and the Army Corps of Engineer. Recommended Conclusions of Law: The request does not conflict with the goals, objectives and policies of the Clearwater Comprehensive Plan and furthers said plan as indicated in the following. The proposed Residential Medium (RM) category provides a transition from the higher intensity commercial and office uses to the south and east to the lower density single family homes to the west and is compatible with the attached dwelling uses to the north. Although an application for development has not been submitted at this time the property owners have indicated their intent to sell the eastern parcel for redevelopment as multifamily housing. This will add to the availability of housing type choices in the vicinity and City. The subject site is located in an otherwise developed urban area so presents a unique opportunity for infill development of an approximately 15.85 acre upland site that has been used for agriculture uses for over nine decades. This is a rare opportunity due to the City’s limited supply of vacant land. The subject site is located in proximity to parks (Frank Tack Park and Montclair Park, both a short distance to the west), schools (three elementary schools and two middle schools are less than two miles Attachment number 5 \nPage 5 of 25 Item # 10 Community Development Board – June 18, 2013 Revised for City Council Meeting July 18, 2013 LUP2013-04002- Page 6 of 11 Level III Comprehensive Plan Amendment Application Review PLANNING & DEVELOPMENT LONG RANGE DIVISION from the subject site), mass transit (PSTA Route 76 operates to the north of the subject site, approximately 0.4-mile walking distance) and other neighborhood-serving uses (e.g., pharmacy to the south; bank and grocery store to the east). The proposed amendment also supports the goals, objectives and policies related to the citywide design structure, particularly the preservation of North Belcher Road as a Scenic Non-Commercial Corridor that is residential in character. In addition, the proposal does not degrade the level of service for public facilities below the adopted standards (a detailed public facilities analysis follows in this report). The applicant has submitted a traffic impact analysis concluding that the impact of the proposed Future Land Use classification does not degrade the abutting rights-of-way below the acceptable levels-of-service. The eastern parcel had a jurisdictional wetland survey performed in 2008 coordinated with the South West Florida Water Management District (SWFWMD) providing a clear delineation of the wetlands to be preserved. Consistency with the Countywide Plan Rules Recommended Findings of Fact: Section 2.3.3.2.2 of the Countywide Plan Rules states that the purpose of the Residential Medium (RM) future land use classification is to depict those areas of the county that are now developed, or appropriate to be developed, for in a moderately intensive residential manner; and to recognize such areas as primarily well-suited for residential uses that are consistent with the urban qualities, transportation facilities and natural resource characteristics of such areas. Section 2.3.3.2.2 also states that the Residential Medium (RM) future land use classification is generally appropriate to locations within or in proximity to urban activity centers; in areas where use and development characteristics are medium density residential in nature; and in areas serving as a transition between less urban and more urban residential and mixed-use areas. These areas are typically in proximity to and may have direct access from the arterial and thoroughfare highway network. The site is also located within a segment of North Belcher Road that has been designated a Scenic/Non-commercial Corridor and classified as Residential according to Section 4.2.7.1.3 of the Countywide Rules. Residential Corridors are areas characterized by low density residential uses and classified as Residential Suburban (RS), Residential Low (RL), or Residential Urban (RU) on the Countywide Future Land Use Plan. Regarding Residential Classification, Section 4.2.7.1.4.B.1 states that an amendment to the Countywide Plan Map to increase residential density shall be discouraged, except where such amendment is determined to be consistent with the existing delineation of Countywide Plan Map categories, adjoining existing use, and the purpose and intent of the Scenic/Noncommerical Corridor Plan Element. The subject property is located adjacent to residential uses to the north and west and commercial and office uses to the south and east; the Residential Medium (RM) classification would serve as a transition from the residential uses to the north and west to the commercial and office uses to the south and east. The subject property shares a north-south border of approximately 596 feet to the west with single family homes; 460 feet of which (77 percent) is Beckett Lake. Beckett Lake serves as a natural buffer between the subject site and these single family homes to the west. The portion of the Top of the World multifamily residential development immediately adjacent to the subject property across Montclair Road is developed at 7.5 dwelling units per acre, but the Attachment number 5 \nPage 6 of 25 Item # 10 Community Development Board – June 18, 2013 Revised for City Council Meeting July 18, 2013 LUP2013-04002- Page 7 of 11 Level III Comprehensive Plan Amendment Application Review PLANNING & DEVELOPMENT LONG RANGE DIVISION portion of the Top of the World development approximately 490 feet west of the subject property across Montclair Road is developed at 15 units per acre under the Residential Medium (RM) classification. The property has frontage on three roads. Both North Belcher Road and Sunset Point Road are minor arterials and Montclair Road is a collector. The subject property is in proximity to two of the City’s activity centers (Hercules Industrial Park is immediately south of the subject property and the Countryside Mall/Westfield Area is approximately 1.2 miles from the subject property). Even though this segment of North Belcher Road has the Scenic/Noncommercial Corridor subclassification of Residential Corridor, which is intended for low density residential development, the east side of North Belcher Road, between Montclair Road and Willow Tree Trail (the Top of the World residential development) has the Residential Medium future land use classification. Additionally, the eastern portion of this segment of North Belcher Road at the intersection of Sunset Point Road, directly across Belcher Road from the subject property, has the Mixed Use subclassification which is compatible with residential densities in the Residential Medium (RM) classification (see Figure 2). So although the proposed amendment of the subject property to a higher residential density classification is discouraged, it is consistent with existing development along the same segment of the North Belcher corridor. Recommended Conclusions of Law: The proposed Future Land Use Map amendment is consistent with the purpose and locational characteristics of the Countywide Plan Rules. The proposed Future Land Use Map amendment is consistent with the Scenic/Noncommercial Corridor Plan Element as it is consistent with adjoining existing uses and uses to the northeast along the same segment of North Belcher Road. Compatibility with Surrounding Property/Character of the City & Neighborhood [Section 4-603.F.3 and Section 4-603.F.6] Recommended Findings of Fact: Existing surrounding uses consist of single family homes, an assisted living facility, condominiums, townhomes, a grocery store, a bank, a gas station, an office and a pharmacy. The future land use designations of surrounding properties include Residential Urban (RU) (7.5 dwelling units per acre; FAR 0.40), Residential Low Medium (RLM) (10 dwelling units per acre; FAR 0.50), Residential/Office/Retail (R/O/R) (18 dwelling units per acre; FAR 0.40), Figure 2. Scenic/Non-commercial Corridor Map – Belcher Rd. & Sunset Point Rd. Segment Attachment number 5 \nPage 7 of 25 Item # 10 Community Development Board – June 18, 2013 Revised for City Council Meeting July 18, 2013 LUP2013-04002- Page 8 of 11 Level III Comprehensive Plan Amendment Application Review PLANNING & DEVELOPMENT LONG RANGE DIVISION Residential/Office General (R/OG) (15 dwelling units per acre; FAR 0.50), and Commercial General (CG) (24 dwelling units per acre; FAR 0.55). Just diagonal (but not contiguous) to the subject property to the northwest, are properties with the Residential Medium (RM) classification. The proposed Residential Medium (RM) (15 dwelling units per acre; FAR 0.50) classification with multifamily housing is compatible with the surrounding properties and neighborhood. Recommended Conclusions of Law: The Residential Medium (RM) future land use classification requested is consistent with the surrounding future land use classifications that exist in the vicinity of the subject property. The proposed future land use designation will allow the development of residential uses at a density and scale that is consistent with existing residential, commercial and office uses in the vicinity of the subject property. As such, the proposed amendment will allow development that is in character with the surrounding area. The proposed Residential Medium (RM) future land use designation is in character with the overall Future Land Use Map designations in the area. Further, the proposal is compatible with surrounding uses and consistent with the character of the surrounding properties and neighborhood. Sufficiency of Public Facilities [Section 4-603.F.4] Recommended Findings of Fact: To assess the sufficiency of public facilities needed to support potential development on the property, the maximum development potential of the property under the present and requested Future Land Use Map designations was analyzed. The request for amendment to the Residential Medium (RM) Future Land Use Map category would increase the amount of development potential allowed on the site (see Table 4). Table 4. Development Potential for Existing & Proposed FLUM Designations Present FLUM Designation “RU” Requested FLUM Designation “RM” Net Change Site Area (uplands) 15.85 AC (690,426 SF) 15.85 AC (690,426 SF) Maximum Development Potential 118 DUs 276,170 SF 0.40 FAR 237 DUs 345,213 SF 0.50 FAR 119 DUs 69,043 SF 0.10 FAR Abbreviations: FLUM – Future Land Use Map DUs – Dwelling Units AC – Acres FAR – Floor Area Ratio SF – Square feet As shown in Table 5, the proposed change will result in an increase in demand of public facilities and services, but will not degrade them below acceptable levels. Attachment number 5 \nPage 8 of 25 Item # 10 Community Development Board – June 18, 2013 Revised for City Council Meeting July 18, 2013 LUP2013-04002- Page 9 of 11 Level III Comprehensive Plan Amendment Application Review PLANNING & DEVELOPMENT LONG RANGE DIVISION Table 5. Public Facilities Level of Service Analysis Maximum Potential Impact to Public Facilities/Services Net Change Capacity Available? Public Facility/Service Present FLUM Designation “RU” Requested FLUM Designation “RM” Streets 1,078 Trips1 1,617 Trips1 539 Yes Potable Water 19,984 GPD2 61,714 GPD2 41,730 Yes Wastewater 16,013 GPD2 55,543 GPD2 39,530 Yes Solid Waste 150.5 Tons/Year 600.7 Tons/Year 450.2 Yes Parkland 1.0 Acres3 2.1 Acres3 1.1 Yes Notes: 1. Based on average daily trips per acreage figure, Pinellas County Countywide Plan Rules. • Residential Urban (RU) – 68 vehicle trips per day per acre. • Residential Medium (RM) – 102 vehicle trips per day per acre. 2. GPD – Gallons per day. 3. Based on 4.0 acres of parkland per 1,000 persons and 2.2 persons per unit. As shown in Tables 6 and 7 below, there is a potential increase of 58 PM Peak Hour trips associated with the request for amendment to the Residential Medium (RM) future land use classification. However, this potential increase will not decrease the current level of service for either roadway. Both North Belcher Road and Sunset Point Road currently operate above the adopted level of service standard (LOS D or better). A traffic analysis was prepared by the applicant based on a methodology approved by the City’s Engineering Department. The level of service for the intersections and roadway segments studied is acceptable (LOS D or better) with the expected vehicular trips generated from the proposed residential development. The need of exclusive turn lanes to an unsignalized driveway will be evaluated when an application for development approval is submitted. Table 6. Maximum Potential Traffic – North Belcher Road North Belcher Road (Sunset Point Rd. to Countryside Rd.) Existing Conditions Current FLUM1 Proposed FLUM2 Net New Trips Potential Additional Maximum Daily Trips N/A 1,078 1,617 539 Potential Additional Maximum PM Peak HourTrips3 N/A 102 154 52 Roadway Volume (Annual Average Daily) 26,1284 27,206 27,745 539 Roadway Volume (PM Peak Hour)3 1,365 1,482 1,540 58 Roadway Level of Service PM Peak Hour C4 C5 C5 Adopted Roadway Level of Service Standard D Peak Hour Abbreviations and Notes: N/A = Not Applicable. FLUM = Future Land Use Map, Clearwater Comprehensive Plan. 1. Based on PPC calculations of 68 trips per day per acre in the Residential Urban (RU) future land use category. 2. Based on PPC calculations of 102 trips per day per acre in the Residential Medium (RM) future land use category, Religious/Civic Facilities use. 3. Based on MPO K-factor of 0.095. 4. Source: Pinellas County Metropolitan Planning Organization 2012 Level of Service Report. 5. Based on a comparison between the Pinellas County Metropolitan Planning Organization 2012 Level of Service Report and the 2009 Florida Department of Transportation Quality/Level of Service Handbook. Attachment number 5 \nPage 9 of 25 Item # 10 Community Development Board – June 18, 2013 Revised for City Council Meeting July 18, 2013 LUP2013-04002- Page 10 of 11 Level III Comprehensive Plan Amendment Application Review PLANNING & DEVELOPMENT LONG RANGE DIVISION Table 7. Maximum Potential Traffic- Sunset Point Road Sunset Point Road (Belcher Rd. to Keene Rd.) Existing Conditions Current FLUM1 Proposed FLUM2 Net New Trips Potential Additional Maximum Daily Trips N/A 1078 1617 539 Potential Additional Maximum PM Peak HourTrips3 N/A 102 154 52 Roadway Volume (Annual Average Daily) 25,2304 26,308 26,847 539 Roadway Volume (PM Peak Hour)3 1,098 1,215 1,273 58 Roadway Level of Service PM Peak Hour B4 B5 B5 Adopted Roadway Level of Service Standard D Peak Hour Abbreviations and Notes: N/A = Not Applicable. FLUM = Future Land Use Map, Clearwater Comprehensive Plan. 1. Based on PPC calculations of 68 trips per day per acre in the Residential Urban (RU) future land use category. 2. Based on PPC calculations of 102 trips per day per acre in the Residential Medium (RM) future land use category, Religious/Civic Facilities use. 3. Based on MPO K-factor of 0.095. 4. Source: Pinellas County Metropolitan Planning Organization 2012 Level of Service Report. 5. Based on a comparison between the Pinellas County Metropolitan Planning Organization 2012 Level of Service Report and the 2009 Florida Department of Transportation Quality/Level of Service Handbook. Recommended Conclusions of Law: Based upon the findings of fact, it is determined that the traffic generated by the proposed amendment will not result in the degradation of the existing level of service on either North Belcher Road or Sunset Point Road. There is an increase in demand for potable water and parkland, and generation of wastewater and solid waste, but there is adequate capacity to accommodate the maximum demand generated by the proposed amendment. Impact on Natural Resources [Section 4-603.F.5] Recommended Findings of Fact: Wetlands are located on the subject property, as determined by the 2008 South West Florida Water Management District jurisdictional wetland survey. There are trees and landscaping on site. Recommended Conclusions of Law: Any proposed redevelopment is required to be compliant with the City’s tree preservation, landscaping, storm water management and wetland vegetative buffer requirements. REVIEW PROCEDURE: Approval of the Future Land Use Map amendment does not guarantee the right to develop the subject property. The Future Land Use Map amendment is subject to approval by the Pinellas Planning Council and Board of County Commissioners acting as the Countywide Planning Authority. Based on the size of the parcel, review and approval by the Florida Department of Economic Opportunity (Division of Community Planning) is required. The property owner must comply with all laws and ordinances in effect at the time development permits are requested, including transportation concurrency provisions of the Concurrency Management System in Division 9, Community Development Code. Attachment number 5 \nPage 10 of 25 Item # 10 Community Development Board – June 18, 2013 Revised for City Council Meeting July 18, 2013 LUP2013-04002- Page 11 of 11 Level III Comprehensive Plan Amendment Application Review PLANNING & DEVELOPMENT LONG RANGE DIVISION RECOMMENDATION: Based on the foregoing, the Planning and Development Department recommends the following action: Recommend APPROVAL of the request for Future Land Use Map amendment from the Residential Urban (RU), Preservation (P) and Water/Drainage Feature classifications to the Residential Medium (RM), Preservation (P) and Water/Drainage Feature classifications. Prepared by Planning and Development Department Staff: Catherine Lee, AICP Planner III ATTACHMENTS: Resume Photographs of Site and Vicinity Attachment number 5 \nPage 11 of 25 Item # 10 F.5. COMMUNITY DEVELOPMENT BOARD PLANNING AND DEVELOPMENT DEPARTMENT STAFF REPORT MEETING DATE: June 18, 2013 AGENDA ITEM: F.5. CASE: REZ2013-04002 REQUEST: To amend the present Zoning Atlas designation from RPD-7.5, Residential Planned Development (7.5 Units Per Acre Max Density) category (Pinellas County) to the Medium High Density Residential (MHDR) and Preservation (P) categories (City of Clearwater). GENERAL DATA: Agent……………………… E.D. Armstrong, Esquire, Hill Ward and Henderson, Attorneys at Law Applicant / Owner.............. David B. and Sharon Webb and Webb’s Nursery, Inc. Location……..................... 2200 and 2251 Montclair Road, located west of North Belcher Road between Sunset Point Road and Montclair Road. Property Size…................. 23.75 total acres; 15.85 acres of uplands ANALYSIS: Site Location and Existing Conditions: This case involves two parcels with a total acreage of 23.75 located on the west side of North Belcher Road between Sunset Point Road and Montclair Road. The western parcel (11.23 acres), addressed as 2200 Montclair Road, is owned by David B. and Sharon Webb and contains a single family home and one building (7,984 square feet) associated with the wholesale plant nursery. The eastern parcel (12.52 acres), addressed as 2251 Montclair Road, is owned by Webb’s Nursery, Inc. and is currently used as a wholesale plant nursery with two buildings (totaling 6,280 square feet) and planting areas. The subject site was acquired in 1921 by the Webb family and was part of Webb family land holdings in the area that originally totaled 150 acres. From 1921 to 1950 the Webb family’s 150 acres operated as an orange grove and contained a single family home built in 1925 where the Webb family lived. In 1950 the eastern portion of the Webb family land holdings was converted to a plant nursery, with the single family home remaining on the western portion. Other parcels of the original land holding were sold off and others retained (e.g., the property to the east is owned by the Webb family but has a long-term lease agreement with Publix Super Markets, Inc.). Both properties contain preservation land and portions of Beckett Lake, totaling approximately 7.9 acres, the remaining 15.85 acres consisting of developable uplands. The parcels are both currently under the jurisdiction of Pinellas County, but a Petition for Annexation (ANX2013-04007) in the City is being processed concurrently with this application. Attachment number 5 \nPage 12 of 25 Item # 10 Community Development Board – June18, 2013 Revised for City Council Meeting July 18, 2013 REZ2013-04002- Page 2 of 10 Level III Zoning Atlas Amendment Application Review PLANNING & DEVELOPMENT LONG RANGE DIVISION Request: The request is to change the property’s Zoning Atlas designation of RPD-7.5, Residential Planned Development (7.5 Units Per Acre Max Density) category (Pinellas County) to the Medium High Density Residential (MHDR) and Preservation (P) categories (City of Clearwater).The subject property will function with the existing single family home use and plant wholesale nursery use until the property is sold and redeveloped. It is anticipated that the single family home will remain and the rest of the property will be redeveloped as multifamily housing. A development application has not been submitted at this time; however, the applicant understands all necessary approvals and permits must be obtained before development of the subject site occurs. Vicinity Characteristics: Adjacent to the property, to the north (across Montclair Road) are condominiums and townhomes, to the south (across Sunset Point Road) is a pharmacy and offices, to the west is an assisted living facility, single family homes and the remainder of Beckett Lake, and to the east (across North Belcher Road) is a grocery store, bank and gas station. Abutting the subject property is a variety of Zoning Atlas designations; the Commercial District (C) shares the largest portion of the linear perimeter boundary with approximately 1,624 feet or 38 percent (see Figure 1). The area is characterized by primarily residential development to the north and west and primarily commercial and office uses to the south and east. A complete listing of the surrounding land uses, Future Land Use Map designations and Zoning Atlas designations are shown in Table 1. Attachment number 5 \nPage 13 of 25 Item # 10 Community Development Board – June18, 2013 Revised for City Council Meeting July 18, 2013 REZ2013-04002- Page 3 of 10 Level III Zoning Atlas Amendment Application Review PLANNING & DEVELOPMENT LONG RANGE DIVISION Figure 1. Abutting Zoning Atlas Designations Table 1. Surrounding Future Land Use and Zoning Designations Existing Conditions Land Use FLUM Designation Zoning Atlas Designation Direction North: Condominiums, townhomes Residential Urban (RU) RPD-7.5 (County) East: Grocery store, bank, gas station Residential/Office/Retail (R/O/R) Commercial (C) South: Pharmacy, Car wash Commercial General (CG) Commercial (C) West: Assisted living facility, single family homes, lake Residential Low Medium (RLM); Residential Urban (RU); Water/Drainage Feature; Preservation (P) Medium Density Residential (MDR); Low Medium Density Residential (LMDR); Preservation (P) REVIEW CRITERIA: No amendment to the Zoning Atlas shall be recommended for approval or receive a final action of approval unless it complies with the standards contained in Section 4-602.F, Community Development Code. Table 2 below depicts the consistency of the proposed amendment with the standards as per Section 4-602.F. 38% 4% 7% 30% 1% 20% Commercial (C) Office (O) Medium Density Residential (MDR) RPD-7.5 Low Medium Density Residential (LMDR) Preservation Attachment number 5 \nPage 14 of 25 Item # 10 Community Development Board – June18, 2013 Revised for City Council Meeting July 18, 2013 REZ2013-04002- Page 4 of 10 Level III Zoning Atlas Amendment Application Review PLANNING & DEVELOPMENT LONG RANGE DIVISION Table 2. Consistency with Community Development Code Standards CDC Section 4-602 Standard Consistent Inconsistent F.1 The proposed amendment is consistent with and furthers the goals, policies and objectives of the Comprehensive Plan and furthers the purposes of this Development Code and other city ordinances and actions designed to implement the plan. X F.2 The available uses to which the property may be put are appropriate to the property which is subject to the proposed amendment and compatible with existing and planned uses in the area. X F.3 The amendment does not conflict with the needs and character of the neighborhood and the city. X F.4 The amendment will not adversely or unreasonably affect the use of other property in the area. X F.5 The amendment will not adversely burden public facilities, including the traffic-carrying capacities of streets, in an unreasonably or disproportionate manner. X F.6 The district boundaries are appropriately drawn with due regard to locations and classifications of streets, ownership lines, existing improvements and the natural environment. X RECOMMENDED FINDINGS OF FACT AND CONCLUSIONS OF LAW: Consistency of Development with the Clearwater Comprehensive Plan and Community Development Code and City Regulations [Section 4-602.F.1] Recommended Findings of Fact: Applicable goals, objectives and policies of the Clearwater Comprehensive Plan which support the proposed amendment include: Policy A.1.1.3 Environmentally sensitive wetlands subject to Department of Environmental Protection (DEP) jurisdiction and the jurisdictional wetlands of the Southwest Florida Water Management District (SWFWMD) shall be designated by “Preservation” (P) zoning and prevented from being built upon except as permitted by the Preservation Zoning District. Policy A.2.2.2 Residential land uses shall be sited on well-drained soils, in proximity to parks, schools, mass transit and other neighborhood-serving land uses. Goal A.4 The City shall not permit development to occur unless an adequate level of service is available to accommodate the impacts of development. Areas in which the impact of existing development exceeds the desired levels of service will be upgraded consistent with the target dates for infrastructure improvements included in the applicable functional plan element. Goal A.5 The City of Clearwater shall identify and utilize a citywide design structure comprised of a hierarchy of places and linkages. The citywide design structure will serve as a guide to Attachment number 5 \nPage 15 of 25 Item # 10 Community Development Board – June18, 2013 Revised for City Council Meeting July 18, 2013 REZ2013-04002- Page 5 of 10 Level III Zoning Atlas Amendment Application Review PLANNING & DEVELOPMENT LONG RANGE DIVISION development and land use decisions while protecting those elements that make the City uniquely Clearwater. Policy A.5.2.3 Identify Designated Scenic Non-Commercial Corridors: specially designated roadway for which policies exist to preserve traffic capacity and to protect the aesthetic qualities of the roadway corridor as well as limiting commercial development. Objective A.5.3 Use the city-wide design structure as a guide to preserve the existing character of certain corridors within the City of Clearwater. Policy A.5.3.1 Preserve the residential character of the designated scenic non-commercial corridor of Belcher Road from Sunset Point Road to the northern City Limits. Objective A.6.2 The City of Clearwater shall continue to support innovative planned development and mixed land use development techniques in order to promote infill development that is consistent and compatible with the surrounding environment. Policy A.6.2.2 Encourage land use conversions on economically underutilized parcels and corridors, and promote redevelopment activities in these areas. Objective B.1.4 The City shall specifically consider the existing and planned LOS the road network affected by a proposed development, when considering an amendment to the land use map, rezoning, subdivision plat, or site plan approval. Objective C.1.1 Assure an adequate supply of housing in Clearwater by providing for additional new dwelling units in a variety of types, costs, and locations to meet the needs of the residents of the City of Clearwater. Policy F.1.5.3 The City shall protect and prevent disturbance of any natural wetland areas whether publicly or privately owned, by utilizing assessments and authority provided by the Florida Department of Environmental (FDEP), the Southwest Florida Water Management District (SWFWMD), Pinellas County and the Army Corps of Engineer. Recommended Conclusions of Law: The request does not conflict with the goals, objectives and policies of the Clearwater Comprehensive Plan and furthers said plan as indicated in the following. The proposed Medium High Density Residential (MHDR) and Preservation (P) categories provide a transition from the higher intensity commercial and office uses to the south and east to the lower density single family homes to the west and is compatible with the attached dwelling uses to the north. Although an application for development has not been submitted at this time the property owners have indicated their intent to sell the eastern parcel for redevelopment as multifamily housing. This will add to the availability of housing type choices in the vicinity and City. The subject site is located in an otherwise developed urban area so presents a unique opportunity for infill development of an approximately 15.85 acre upland site that has been used for agriculture uses for over nine decades. This is a rare opportunity due to the City’s limited supply of vacant land. The subject site is located in proximity to parks (Frank Tack Park and Montclair Park, both a short distance to the west), schools (three elementary schools and two middle schools are less Attachment number 5 \nPage 16 of 25 Item # 10 Community Development Board – June18, 2013 Revised for City Council Meeting July 18, 2013 REZ2013-04002- Page 6 of 10 Level III Zoning Atlas Amendment Application Review PLANNING & DEVELOPMENT LONG RANGE DIVISION than two miles from the subject site), mass transit (PSTA Route 76 operates to the north of the subject site, approximately 0.4-mile walking distance) and other neighborhood-serving uses (e.g., pharmacy to the south; bank and grocery store to the east). The proposed amendment also supports the goals, objectives and policies related to the citywide design structure, particularly the preservation of North Belcher Road as a Scenic Non-Commercial Corridor that is residential in character. In addition, the proposal does not degrade the level of service for public facilities below the adopted standards (a detailed public facilities analysis follows in this report). The eastern parcel had a jurisdictional wetland survey performed in 2008 coordinated with the South West Florida Water Management District (SWFWMD) providing a clear delineation of the wetlands to be preserved. Compatibility with Surrounding Property/Character of the City & Neighborhood [Section 4-602.F.2, 4-602.F.3 and Section 4-602.F.4] Recommended Findings of Fact: Existing surrounding uses consist of single family homes, an assisted living facility, condominiums, townhomes, a grocery store, a bank, a gas station, an office and a pharmacy. The Zoning Atlas designations of surrounding properties include Low Medium Density Residential (LMDR), Preservation (P), Medium Density Residential (MDR), RPD-7.5, Residential Planned Development (7.5 UPA Max Density) (Pinellas County), Commercial (C), and Office (O). The portion of the Top of the World development immediately adjacent to the subject property to the north has the Pinellas County zoning designation of RPD-7.5, Residential Planned Development (7.5 UPA Max Density), but the portion of the Top of the World development approximately 490 feet west of the subject property to the north has the Pinellas County zoning designation of RM-15, Residential Multiple Family (15 Units Per Acre Max Density) District which is the County equivalent of the Medium High Density Residential (MHDR) District in the City. The proposed Medium High Density Residential (MHDR) District primarily permits moderate to high density residential. The intent of the Medium High Density Residential (MHDR) District is to protect and preserve the integrity and value of existing, stable residential neighborhoods of medium high density while at the same time, allowing a careful and deliberate redevelopment and revitalization of such neighborhoods in need of revitalization or neighborhoods with unique amenities which create unique opportunities to increase property values and the overall attractiveness of the City. The proposed Zoning Atlas designation will allow infill development of the subject property to take place. A medium density residential use will serve as an appropriate transition from the residential areas to the north and west to the commercial and office uses to the south and east, adding to the appeal of the neighborhood and overall attractiveness of the City. Recommended Conclusions of Law: The proposed Zoning Atlas designation is in character with the overall Zoning Atlas designations in the area. Further, the proposal is compatible and consistent with the uses and character of the surrounding properties and neighborhood in the vicinity of the subject property. Attachment number 5 \nPage 17 of 25 Item # 10 Community Development Board – June18, 2013 Revised for City Council Meeting July 18, 2013 REZ2013-04002- Page 7 of 10 Level III Zoning Atlas Amendment Application Review PLANNING & DEVELOPMENT LONG RANGE DIVISION Sufficiency of Public Facilities [Section 4-602.F.5] Recommended Findings of Fact: To assess the sufficiency of public facilities needed to support potential development on the property, the maximum development potential of the property under the present and requested Future Land Use Map and Zoning designations were analyzed. Even though this is a Zoning Atlas amendment application, maximum development potential is based on the underlying future land use, so for purposes of this analysis sufficiency of public facilities is based on the future land use map designation. The request for amendment to the Residential Medium (RM) Future Land Use Map classification would increase the amount of development potential allowed on the site (see Table 3). Table 3. Development Potential for Existing & Proposed FLUM Designations Present FLUM Designation “RU” Requested FLUM Designation “RM” Net Change Site Area 15.85 AC (690,426 SF) 15.85 AC (690,426 SF) Maximum Development Potential 118 DUs 276,170 SF 0.40 FAR 237 DUs 345,213 SF 0.50 FAR 119 DUs 69,043 SF 0.10 FAR Abbreviations: FLUM – Future Land Use Map DUs – Dwelling Units AC – Acres FAR – Floor Area Ratio SF – Square feet The proposed change in designation would allow an increase in the allowable density and floor area ratio (FAR) and thus an increase in dwelling units and square footage. The current RPD-7.5 District (Pinellas County) primarily permits residential uses with a maximum density of 7.5 units per acre. The proposed Medium High Density Residential (MHDR) District primarily permits moderate to high density residential uses. As shown in Table 4 below, the proposed change will result in an increase in demand of public facilities and services, but will not degrade them below acceptable levels. Attachment number 5 \nPage 18 of 25 Item # 10 Community Development Board – June18, 2013 Revised for City Council Meeting July 18, 2013 REZ2013-04002- Page 8 of 10 Level III Zoning Atlas Amendment Application Review PLANNING & DEVELOPMENT LONG RANGE DIVISION Table 4. Public Facilities Level of Service Analysis Maximum Potential Impact to Public Facilities/Services Net Change Capacity Available? Public Facility/Service Present FLUM Designation “RU” Requested FLUM Designation “RM” Streets 1,078 Trips1 1,617 Trips1 539 Yes Potable Water 19,984 GPD2 61,714 GPD2 41,730 Yes Wastewater 16,013 GPD2 55,543 GPD2 39,530 Yes Solid Waste 150.5 Tons/Year 600.7 Tons/Year 450.2 Yes Parkland 1.0 Acres3 2.1 Acres3 1.1 Yes Notes: 1. Based on average daily trips per acreage figure, Pinellas County Countywide Plan Rules. • Residential Urban (RU) – 68 vehicle trips per day per acre. • Residential Medium (RM) – 102 vehicle trips per day per acre. 2. GPD – Gallons per day. 3. Based on 4.0 acres of parkland per 1,000 persons and 2.2 persons per unit. The Trip Generation Comparison by Zoning Atlas Designation in Table 5 below indicates the estimated trip generation for specific uses allowed in the current and proposed zoning districts based on the Institute of Transportation Engineer’s (ITE) Trip Generation 9th Edition. The table shows an increase of 67 PM Peak Trips when comparing the existing uses to the maximum development potential of the proposed future land use classification. However, when comparing the existing maximum development potential to the proposed maximum development potential, the table shows only a slight increase of 29 PM Peak Trips; both increases are minimal. A traffic analysis was prepared by the applicant based on a methodology approved by the City’s Engineering Department. The level of service for the intersections and roadway segments studied is acceptable (LOS D or better) with the expected vehicular trips generated from the proposed residential development. The need of exclusive turn lanes to an unsignalized driveway will be evaluated when an application for development approval is submitted. Attachment number 5 \nPage 19 of 25 Item # 10 Community Development Board – June18, 2013 Revised for City Council Meeting July 18, 2013 REZ2013-04002- Page 9 of 10 Level III Zoning Atlas Amendment Application Review PLANNING & DEVELOPMENT LONG RANGE DIVISION Table 5. Trip Generation Comparison by Zoning Atlas Designation Land Use Development Potential Avg. Daily Trips Net Change Avg Daily Trips PM Peak Trips Avg Rate PM Peak Trips Net Change PM Peak Trips Existing Designation: RPD-7.5 (Pinellas County) Existing Single-Family Detached Home1 (9.57 trips/Dwelling unit) 1 DU5 10 N/A 1.00 1 N/A Existing Nursery (Wholesale)2 (29.90 trips/1,000 SF GFA) 14,264 SF6 426 N/A 5.52 79 N/A Single Family Detached Housing3 (9.57 trips/Dwelling unit) 118 DU7 1,129 N/A 1.00 118 N/A Proposed Designation: Residential Medium District Apartment4 (6.65 trips/Dwelling unit) 237 DU8 1,576 1,140 (Compared w/ Existing) 447 (Compared w/ Maximum Development Potential) 0.62 147 67 (Compared w/ Existing) 29 (Compared w/ Maximum Development Potential) Abbreviations and Notes: N/A = Not Applicable. SF = Square Feet GFA = Gross Floor Area 1. Institute of Transportation Engineer’s Trip Generation 9th Edition Land Use 210. 2. Institute of Transportation Engineer’s Trip Generation 9th Edition Land Use 818. 3. Institute of Transportation Engineer’s Trip Generation 9th Edition Land Use 210. 4. Institute of Transportation Engineer’s Trip Generation 9th Edition Land Use 220. 5. Materials submitted by the applicant indicate there is currently one detached single family home on the western parcel. 6. The Pinellas County Property Appraiser website provides the square footage of the existing Nursery buildings. 7. Total dwelling units permitted by the underlying RU Future Land Use Map category is 7.5 units per acre. 8. Total dwelling units permitted by the underlying RM Future Land Use Map category is 15 units per acre. Recommended Conclusions of Law: Based upon the findings of fact, it is determined that the traffic generated by the proposed amendment will not result in the degradation of the existing level of service on either North Belcher Road or Sunset Point Road. There is an increase in demand for potable water and parkland, and generation of wastewater and solid waste, but there is adequate capacity to accommodate the maximum demand generated by the proposed amendment. Location of District Boundaries [Section 4-602.F.6] Recommended Findings of Fact: The location of the proposed Medium High Density Residential (MHDR) District boundaries is consistent with the boundaries of the subject property. The proposed Medium High Density Residential (MHDR) District is compatible with the single family residential use to the west, the multifamily use to the north, and the commercial and office uses to the south and east. The Attachment number 5 \nPage 20 of 25 Item # 10 Community Development Board – June18, 2013 Revised for City Council Meeting July 18, 2013 REZ2013-04002- Page 10 of 10 Level III Zoning Atlas Amendment Application Review PLANNING & DEVELOPMENT LONG RANGE DIVISION Preservation (P) District boundary is consistent with the 2008 SWFWMD jurisdictional wetland survey. Recommended Conclusions of Law: The district boundaries are appropriately drawn in regard to location and classifications of streets, ownership lines, existing improvements and the natural environment. REVIEW PROCEDURE: Approval of the Zoning Atlas amendment does not guarantee the right to develop the subject property. The property owner must comply with all laws and ordinances in effect at the time development permits are requested, including transportation concurrency provisions of the Concurrency Management System in Division 9, Community Development Code. RECOMMENDATION: Based on the foregoing, the Planning and Development Department recommends the following action: Recommend APPROVAL of the request for Zoning Atlas amendment from the RPD-7.5, Residential Planned Development (7.5 Units Per Acre Max Density) category (Pinellas County) to the Medium High Density Residential (MHDR) District and Preservation (P) District. Prepared by Planning and Development Department Staff: Catherine Lee, AICP Planner III ATTACHMENTS: Resume Photographs of Site and Vicinity Attachment number 5 \nPage 21 of 25 Item # 10 LUP2013-04002 & REZ2013-04002 Webb, David B. & Sharon and Webb’s Nursery, Inc. 2200 & 2251 Montclair Road View looking south at the subject property, 2200 Montclair Rd. Nursery office building on western parcel View looking south at the subject property, 2251 Montclair Rd. Nursery storage building on eastern parcel View looking south at eastern parcel storage shed and nursery planting area View looking north at the subject property (Beckett Lake) from Sunset Point Rd. Attachment number 5 \nPage 22 of 25 Item # 10 LUP2013-04002 & REZ2013-04002 Webb, David B. & Sharon and Webb’s Nursery, Inc. 2200 & 2251 Montclair Road Across Montclair Rd., to the north of the subject property, Top of the World condominiums View looking easterly along Montclair Road Across Montclair Rd., to the north of the subject property, Villas of Lake Arbor townhomes View looking westerly along Montclair Road Across North Belcher Rd., to the east of the subject property, gas station Across North Belcher Rd., to the east of the subject property, Publix grocery store Attachment number 5 \nPage 23 of 25 Item # 10 LUP2013-04002 & REZ2013-04002 Webb, David B. & Sharon and Webb’s Nursery, Inc. 2200 & 2251 Montclair Road Across North Belcher Rd., to the east of the subject property, Bank of America View looking southerly along North Belcher Road View looking northerly along North Belcher Road Across Sunset Point Rd., to the south of the subject property, Walgreens pharmacy Across Sunset Point Rd., to the south of the subject property, office building View looking easterly along Sunset Point Road Attachment number 5 \nPage 24 of 25 Item # 10 LUP2013-04002 & REZ2013-04002 Webb, David B. & Sharon and Webb’s Nursery, Inc. 2200 & 2251 Montclair Road View looking westerly along Sunset Point Road West of the subject property frontage on Sunset Point Rod., single family homes West of the subject property frontage on Sunset Point Rd., Beckett Lake preservation area West of the subject property frontage on Montclair Rd., assisted living facility Attachment number 5 \nPage 25 of 25 Item # 10 City Council Agenda Council Chambers - City Hall Meeting Date:7/18/2013 SUBJECT / RECOMMENDATION: Adopt Ordinance 8398-13 on second reading, amending the Community Development Code Article 8, providing a revised definition for family and a new definition for housekeeping unit. SUMMARY: Review Approval: Cover Memo Item # 11 ORDINANCE NO. 8398-13 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA MAKING AMENDMENTS TO THE COMMUNITY DEVELOPMENT CODE BY AMENDING ARTICLE 8, DEFINITIONS AND RULES OF CONSTRUCTION; AMENDING SECTION 8-102, DEFINITIONS, PROVIDING A REVISED DEFINITION FOR FAMILY AND A NEW DEFINITION FOR HOUSEKEEPING UNIT, CONSISTENT WITH THE TERMS OF THE CONCILIATION/ VOLUNTARY COMPLIANCE AGREEMENT ENTERED INTO BY AND BETWEEN THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT AND THE CITY OF CLEARWATER; CERTIFYING CONSISTENCY WITH THE CITY’S COMPREHENSIVE PLAN AND PROPER ADVERTISEMENT; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, complaints alleging discriminatory housing practices in the City of Clearwater were filed with the United States Department of Housing and Urban Development (HUD) for investigation and appropriate action; and WHEREAS, a Conciliation Agreement was entered into by and between HUD and the City of Clearwater; and WHEREAS, the City of Clearwater agreed to amend the Community Development Code to address requirements to amend its definitions section under the agreement section “Relief in the Public Interest”; and WHEREAS, the City of Clearwater has determined that in any event it is advisable to amend the Community Development Code in this respect in order to provide clarification and revision, now therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. That Article 8, Definitions and Rules of Construction, Section 8-102, Definitions, of the Community Development Code, is hereby amended as follows: * * * * * * * * * * Family means one or more persons who jointly occupying and have equal access to areas of a residence and who function a dwelling unit and living as a single housekeeping unit. * * * * * * * * * * Housekeeping Unit means a group of individuals, whether or not related by blood, marriage, or civil union, who reside together as a family. Existence of one or more of the following shall create a rebuttable presumption that the group is not a bona fide housekeeping unit: i. Interior doors that contain padlocks or keyed doorknobs, which limits tenants’ use and access; ii. Members of the group have separate leases or sub leases and/or make separate payments to the landlord; Attachment number 1 \nPage 1 of 3 Item # 11 Ordinance No. 8398-13 Page 2 iii. The group significantly reforms over the course of a twelve (12) month period or during the lease term by losing and/or gaining two or more members. Additions can be made with landlord approval if member(s) abandon(s) property, tenants and landlords should verify rights under Florida Landlord Tenant Laws. iv. Residentially zoned property which provides living, sleeping and at least one meal to four or more unrelated individuals for periods of one week or longer, typically referred to as a boarding house. Such individuals do not have a lease agreement with the landlord for that property. Such individuals only obtain a license to use their rooms while landlord maintains right of access, and are typically referred to as boarders. Such uses are prohibited by this code. v. Residentially zoned property that provides living and sleeping for more than four unrelated individuals for periods of one week or longer, typically referred to as rooming house. Such individuals do not have a lease agreement with landlord for property. Such individuals only obtain a license to use their rooms while landlord maintains right of access, and are typically referred to as boarders. Such uses are prohibited by this code. vi. Members of this group do not engage in group living activities such as shopping, cooking, eating, and socializing. * * * * * * * * * * Section 2. 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 3. The City of Clearwater does hereby certify that the amendments contained herein, as well as the provisions of this Ordinance, are consistent with and in conformance with the City’s Comprehensive Plan. Section 4. 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 5. Notice of the proposed enactment of this Ordinance has been properly advertised in a newspaper of general circulation in accordance with applicable law. Section 6. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING ____________________________ PASSED ON SECOND AND FINAL ____________________________ READING AND ADOPTED ____________________________ George N. Cretekos Mayor Attachment number 1 \nPage 2 of 3 Item # 11 Ordinance No. 8398-13 Page 3 Approved as to form: Attest: ____________________________ ____________________________ Leslie K. Dougall-Sides Rosemarie Call Assistant City Attorney City Clerk Attachment number 1 \nPage 3 of 3 Item # 11 City Council Agenda Council Chambers - City Hall Meeting Date:7/18/2013 SUBJECT / RECOMMENDATION: Adopt Ordinance 8400-13 on second reading, amending the future land use plan element of the Comprehensive Plan of the city to change the land use designation for certain real property whose post office address is 150 South McMullen Booth Road from Residential Office Limited (R/OL) to Institutional (I). SUMMARY: Review Approval: Cover Memo Item # 12 Ordinance No.8400 -13 ORDINANCE NO. 8400-13 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE FUTURE LAND USE PLAN ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY, TO CHANGE THE LAND USE DESIGNATION FOR CERTAIN PROPERTY LOCATED ON THE WEST SIDE OF SOUTH MCMULLEN BOOTH ROAD APPROXIMATELY 100 FEET SOUTH OF CHERRY LANE, CONSISTING OF A PORTION OF THE NORTHWEST ¼ OF SECTION 16, TOWNSHIP 29 SOUTH, RANGE 16 EAST, PINELLAS COUNTY, FLORIDA, WHOSE POST OFFICE ADDRESS IS 150 SOUTH MCMULLEN BOOTH ROAD, FROM RESIDENTIAL/OFFICE LIMITED (R/OL), TO INSTITUTIONAL (I); PROVIDING AN EFFECTIVE DATE. WHEREAS, the amendment to the future land use plan element of the comprehensive plan of the City as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City’s comprehensive plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The future land use plan element of the comprehensive plan of the City of Clearwater is amended by designating the land use category for the hereinafter described property as follows: Property Land Use Category See Exhibit “A” From: Residential/Office Limited (R/OL) (LUP2013-02001) To: Institutional (I) The map attached as Exhibit “B” is hereby incorporated by reference. Section 2. The City Council does hereby certify that this ordinance is consistent with the City’s comprehensive plan. Section 3. This ordinance shall take effect immediately upon adoption, subject to the approval of the land use designation by the Pinellas County Board of County Commissioners, and subject to a determination by the State of Florida, as appropriate, of compliance with the applicable requirements of the Local Government Comprehensive Planning and Land Development Regulation Act, pursuant to § 163.3189, Florida Statutes. The Community Development Coordinator is authorized to transmit to the Pinellas County Planning Council an application to amend the Countywide Plan in order to achieve consistency with the Future Land Use Plan Element of the City’s Comprehensive Plan as amended by this ordinance. PASSED ON FIRST READING _____________________ PASSED ON SECOND AND FINAL _____________________ READING AND ADOPTED Attachment number 1 \nPage 1 of 2 Item # 12 Ordinance No.8400 -13 ___________________________ George N. Cretekos Mayor Approved as to form: Attest: ____________________________ ___________________________ Leslie K. Dougall-Sides Rosemarie Call Assistant City Attorney City Clerk Attachment number 1 \nPage 2 of 2 Item # 12 Attachment number 2 \nPage 1 of 1 Item # 12 Attachment number 3 \nPage 1 of 1 Item # 12 City Council Agenda Council Chambers - City Hall Meeting Date:7/18/2013 SUBJECT / RECOMMENDATION: Adopt Ordinance 8401-13 on second reading, amending the Zoning Atlas of the city by rezoning for certain real property whose post office address is 150 South McMullen Booth Road, from Office (O) to Institutional (I). SUMMARY: Review Approval: Cover Memo Item # 13 Ordinance No. 8401-13 ORDINANCE NO. 8401-13 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY REZONING CERTAIN PROPERTY LOCATED ON THE WEST SIDE OF SOUTH MCMULLEN BOOTH ROAD APPROXIMATELY 100 FEET SOUTH OF CHERRY LANE, CONSISTING OF A PORTION OF THE NORTHWEST ¼ OF SECTION 16, TOWNSHIP 29 SOUTH, RANGE 16 EAST, PINELLAS COUNTY, FLORIDA, WHOSE POST OFFICE ADDRESS IS 150 SOUTH MCMULLEN BOOTH ROAD, FROM OFFICE (O), TO INSTITUTIONAL (I); PROVIDING AN EFFECTIVE DATE. WHEREAS, the amendment to the zoning atlas of the City as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's Comprehensive Plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following described property in Clearwater, Florida, is hereby rezoned, and the zoning atlas of the City is amended as follows: Property Zoning District See Exhibit “A” From: Office (O) (REZ2013-02001) To: Institutional (I) The map attached as Exhibit “B” is hereby incorporated by reference. Section 2. The City Engineer is directed to revise the zoning atlas of the City in accordance with the foregoing amendment. Section 3. This ordinance shall take effect immediately upon adoption, subject to the approval of the land use designation set forth in Ordinance 8400-13 by the Pinellas County Board of County Commissioners, and subject to a determination by the State of Florida, as appropriate, of compliance with the applicable requirements of the Local Government Comprehensive Planning and Land Development Regulation Act, pursuant to §163.3189, Florida Statutes. PASSED ON FIRST READING _____________________________ PASSED ON SECOND AND FINAL _____________________________ READING AND ADOPTED ___________________________________ George N. Cretekos Mayor Approved as to form: Attest: ______________________________ ___________________________________ Leslie K. Dougall-Sides Rosemarie Call Assistant City Attorney City Clerk Attachment number 1 \nPage 1 of 1 Item # 13 Attachment number 2 \nPage 1 of 1 Item # 13 Attachment number 3 \nPage 1 of 1 Item # 13 City Council Agenda Council Chambers - City Hall Meeting Date:7/18/2013 SUBJECT / RECOMMENDATION: Adopt Ordinance 8403-13 on second reading, annexing certain real property whose post office address is 1212 Aloha Lane into the corporate limits of the city and redefining the boundary lines of the city to include said addition. SUMMARY: Review Approval: Cover Memo Item # 14 Ordinance No. 8403 -13 ORDINANCE NO. 8403-13 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTY LOCATED ON THE NORTH SIDE OF ALOHA LANE APPROXIMATELY 125 FEET EAST OF DOUGLAS AVENUE, CONSISTING OF BLOCK 3, LOT 3, SUNSET KNOLL, WHOSE POST OFFICE ADDRESS IS 1212 ALOHA LANE, INTO THE CORPORATE LIMITS OF THE CITY, AND REDEFINING THE BOUNDARY LINES OF THE CITY TO INCLUDE SAID ADDITION; PROVIDING AN EFFECTIVE DATE. WHEREAS, the owner of the real property described herein and depicted on the map attached hereto as Exhibit A has petitioned the City of Clearwater to annex the property into the City pursuant to Section 171.044, Florida Statutes, and the City has complied with all applicable requirements of Florida law in connection with this ordinance; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following-described property is hereby annexed into the City of Clearwater and the boundary lines of the City are redefined accordingly: Block 3, Lot 3, Sunset Knoll, according to the plat thereof, recorded in Plat Book 24, Page 26 of the Public Records of Pinellas County, Florida. (ANX2013-03005) The map attached as Exhibit A is hereby incorporated by reference. Section 2. The provisions of this ordinance are found and determined to be consistent with the City of Clearwater Comprehensive Plan. The City Council hereby accepts the dedication of all easements, parks, rights-of-way and other dedications to the public, which have heretofore been made by plat, deed or user within the annexed property. The City Engineer, the City Clerk and the Planning and Development Director are directed to include and show the property described herein upon the official maps and records of the City. Section 3. This ordinance shall take effect immediately upon adoption. The City Clerk shall file certified copies of this ordinance, including the map attached hereto, with the Clerk of the Circuit Court and with the County Administrator of Pinellas County, Florida, within 7 days after adoption, and shall file a certified copy with the Florida Department of State within 30 days after adoption. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Attachment number 1 \nPage 1 of 2 Item # 14 Ordinance No. 8403 -13 ________________________________ George N. Cretekos Mayor Approved as to form: Attest: ___________________________ _____________________________ Leslie K. Dougall-Sides Rosemarie Call Assistant City Attorney City Clerk Attachment number 1 \nPage 2 of 2 Item # 14 Attachment number 2 \nPage 1 of 1 Item # 14 City Council Agenda Council Chambers - City Hall Meeting Date:7/18/2013 SUBJECT / RECOMMENDATION: Adopt Ordinance 8404-13 on second reading, amending the future land use plan element of the Comprehensive Plan of the city to designate the land use for certain real property whose post office address is 1212 Aloha Lane, upon annexation into the City of Clearwater, as Residential Urban (RU). SUMMARY: Review Approval: Cover Memo Item # 15 Ordinance No. 8404-13 ORDINANCE NO. 8404-13 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE FUTURE LAND USE PLAN ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY, TO DESIGNATE THE LAND USE FOR CERTAIN REAL PROPERTY LOCATED ON THE NORTH SIDE OF ALOHA LANE APPROXIMATELY 125 FEET EAST OF DOUGLAS AVENUE, CONSISTING OF BLOCK 3, LOT 3, SUNSET KNOLL, WHOSE POST OFFICE ADDRESS IS 1212 ALOHA LANE, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS RESIDENTIAL URBAN (RU); PROVIDING AN EFFECTIVE DATE. WHEREAS, the amendment to the future land use plan element of the comprehensive plan of the City as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's comprehensive plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The future land use plan element of the comprehensive plan of the City of Clearwater is amended by designating the land use category for the hereinafter described property, upon annexation into the City of Clearwater, as follows: Property Land Use Category Block 3, Lot 3, Sunset Knoll, according to the Residential Urban (RU) Plat thereof, recorded in Plat Book 24, Page 26 of the Public Records of Pinellas County, Florida (ANX2013-03005) The map attached as Exhibit A is hereby incorporated by reference. Section 2. The City Council does hereby certify that this ordinance is consistent with the City’s comprehensive plan. Section 3. This ordinance shall take effect immediately upon adoption, contingent upon and subject to the adoption of Ordinance No. 8403-13. PASSED ON FIRST READING _____________________ PASSED ON SECOND AND FINAL _____________________ READING AND ADOPTED __________________________ George N. Cretekos Mayor Approved as to form: Attest: __________________________ __________________________ Leslie K. Dougall-Sides Rosemarie Call Assistant City Attorney City Clerk Attachment number 1 \nPage 1 of 1 Item # 15 Attachment number 2 \nPage 1 of 1 Item # 15 City Council Agenda Council Chambers - City Hall Meeting Date:7/18/2013 SUBJECT / RECOMMENDATION: Adopt Ordinance 8405-13 on second reading, amending the Zoning Atlas of the city by zoning certain real property whose post office address is 1212 Aloha Lane, upon annexation into the City of Clearwater, as Low Medium Density Residential (LMDR). SUMMARY: Review Approval: Cover Memo Item # 16 Ordinance No.8405 -13 ORDINANCE NO. 8405-13 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY ZONING CERTAIN REAL PROPERTY LOCATED ON THE NORTH SIDE OF ALOHA LANE APPROXIMATELY 125 FEET EAST OF DOUGLAS AVENUE, CONSISTING OF BLOCK 3, LOT 3, SUNSET KNOLL, WHOSE POST OFFICE ADDRESS IS 1212 ALOHA LANE, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS LOW MEDIUM DENSITY RESIDENTIAL (LMDR); PROVIDING AN EFFECTIVE DATE. WHEREAS, the assignment of a zoning district classification as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's comprehensive plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following described property located in Pinellas County, Florida, is hereby zoned as indicated upon annexation into the City of Clearwater, and the zoning atlas of the City is amended, as follows: Property Zoning District Block 3, Lot 3 , Sunset Knoll, according to the Low Medium Density Plat thereof, recorded in Plat Book 24, Residential (LMDR) Page 26 of the Public Records of Pinellas County, Florida (ANX2013-03005) The map attached as Exhibit A is hereby incorporated by reference. Section 2. The City Engineer is directed to revise the zoning atlas of the City in accordance with the foregoing amendment. Section 3. This ordinance shall take effect immediately upon adoption, contingent upon and subject to the adoption of Ordinance No. 8403-13 PASSED ON FIRST READING ___________________________ PASSED ON SECOND AND FINAL ___________________________ READING AND ADOPTED Attachment number 1 \nPage 1 of 2 Item # 16 Ordinance No.8405 -13 _______________________________ George N. Cretekos Mayor Approved as to form: Attest: __________________________ ______________________________ Leslie K. Dougall-Sides Rosemarie Call Assistant City Attorney City Clerk Attachment number 1 \nPage 2 of 2 Item # 16 Attachment number 2 \nPage 1 of 1 Item # 16 City Council Agenda Council Chambers - City Hall Meeting Date:7/18/2013 SUBJECT / RECOMMENDATION: Adopt Ordinance 8406-13 on second reading, annexing certain real property whose post office address is 1321 Parkwood Street, together with the abutting right-of-way, into the corporate limits of the city and redefining the boundary lines of the city to include said addition. SUMMARY: Review Approval: Cover Memo Item # 17 Ordinance No. 8406 -13 ORDINANCE NO. 8406-13 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTY LOCATED ON THE SOUTH SIDE OF PARKWOOD STREET APPROXIMATELY 400 FEET EAST OF BETTY LANE, CONSISTING OF PINE RIDGE SUBDIVISION BLOCK B, LOT 3, WHOSE POST OFFICE ADDRESS IS 1321 PARKWOOD STREET, TOGETHER WITH THE ABUTTING RIGHT OF WAY, INTO THE CORPORATE LIMITS OF THE CITY, AND REDEFINING THE BOUNDARY LINES OF THE CITY TO INCLUDE SAID ADDITION; PROVIDING AN EFFECTIVE DATE. WHEREAS, the owner of the real property described herein and depicted on the map attached hereto as Exhibit A has petitioned the City of Clearwater to annex the property into the City pursuant to Section 171.044, Florida Statutes, and the City has complied with all applicable requirements of Florida law in connection with this ordinance; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following-described property is hereby annexed into the City of Clearwater and the boundary lines of the City are redefined accordingly: Lot 3 in Block “B” of Pine Ridge Subdivision, together with the abutting right of way, according to map or plat thereof as recorded in Plat Book 28, Page 98, Public Records of Pinellas County, Florida (ANX2013-03006) The map attached as Exhibit A is hereby incorporated by reference. Section 2. The provisions of this ordinance are found and determined to be consistent with the City of Clearwater Comprehensive Plan. The City Council hereby accepts the dedication of all easements, parks, rights-of-way and other dedications to the public, which have heretofore been made by plat, deed or user within the annexed property. The City Engineer, the City Clerk and the Planning and Development Director are directed to include and show the property described herein upon the official maps and records of the City. Section 3. This ordinance shall take effect immediately upon adoption. The City Clerk shall file certified copies of this ordinance, including the map attached hereto, with the Clerk of the Circuit Court and with the County Administrator of Pinellas County, Florida, within 7 days after adoption, and shall file a certified copy with the Florida Department of State within 30 days after adoption. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Attachment number 1 \nPage 1 of 2 Item # 17 Ordinance No. 8406 -13 ________________________________ George N. Cretekos Mayor Approved as to form: Attest: ___________________________ _____________________________ Leslie K. Dougall-Sides Rosemarie Call Assistant City Attorney City Clerk Attachment number 1 \nPage 2 of 2 Item # 17 Attachment number 2 \nPage 1 of 1 Item # 17 City Council Agenda Council Chambers - City Hall Meeting Date:7/18/2013 SUBJECT / RECOMMENDATION: Adopt Ordinance 8407-13 on second reading, amending the future land use plan element of the Comprehensive Plan of the city to designate the land use for certain real property whose post office address is 1321 Parkwood Street, together with the abutting right- of-way, upon annexation into the City of Clearwater, as Residential Low (RL). SUMMARY: Review Approval: Cover Memo Item # 18 Ordinance No.8407 -13 ORDINANCE NO. 8407-13 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE FUTURE LAND USE PLAN ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY, TO DESIGNATE THE LAND USE FOR CERTAIN REAL PROPERTY LOCATED ON THE SOUTH SIDE OF PARKWOOD STREET APPROXIMATELY 400 FEET EAST OF BETTY LANE, CONSISTING OF PINE RIDGE SUBDIVISION BLOCK B, LOT 3, WHOSE POST OFFICE ADDRESS IS 1321 PARKWOOD STREET, TOGETHER WITH THE ABUTTING RIGHT OF WAY, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS RESIDENTIAL LOW (RL); PROVIDING AN EFFECTIVE DATE. WHEREAS, the amendment to the future land use plan element of the comprehensive plan of the City as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's comprehensive plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The future land use plan element of the comprehensive plan of the City of Clearwater is amended by designating the land use category for the hereinafter described property, upon annexation into the City of Clearwater, as follows: Property Land Use Category Lot 3 in Block “B” of Pine Ridge Subdivision, to- Residential Low (RL) gether with abutting right of way, according to map or plat thereof as recorded in Plat Book 28, page 98, Public Records of Pinellas County, Florida (ANX2013-03006) The map attached as Exhibit A is hereby incorporated by reference. Section 2. The City Council does hereby certify that this ordinance is consistent with the City’s comprehensive plan. Section 3. This ordinance shall take effect immediately upon adoption, contingent upon and subject to the adoption of Ordinance No. 8406 -13. PASSED ON FIRST READING _____________________ PASSED ON SECOND AND FINAL _____________________ READING AND ADOPTED __________________________ George N. Cretekos Mayor Approved as to form: Attest: __________________________ __________________________ Leslie K. Dougall-Sides Rosemarie Call Assistant City Attorney City Clerk Attachment number 1 \nPage 1 of 1 Item # 18 Attachment number 2 \nPage 1 of 1 Item # 18 City Council Agenda Council Chambers - City Hall Meeting Date:7/18/2013 SUBJECT / RECOMMENDATION: Adopt Ordinance 8408-13 on second reading, amending the Zoning Atlas of the city by zoning certain real property whose post office address is 1321 Parkwood Street, together with the abutting right-of-way, upon annexation into the City of Clearwater, as Low Medium Density Residential (LMDR). SUMMARY: Review Approval: Cover Memo Item # 19 Ordinance No. 8408-13 ORDINANCE NO. 8408-13 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY ZONING CERTAIN REAL PROPERTY LOCATED ON THE SOUTH SIDE OF PARKWOOD STREET APPROXIMATELY 400 FEET EAST OF BETTY LANE, CONSISTING OF PINE RIDGE SUBDIVISION BLOCK B, LOT 3, WHOSE POST OFFICE ADDRESS IS 1321 PARKWOOD STREET, TOGETHER WITH THE ABUTTING RIGHT OF WAY, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS LOW MEDIUM DENSITY RESIDENTIAL (LMDR); PROVIDING AN EFFECTIVE DATE. WHEREAS, the assignment of a zoning district classification as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's comprehensive plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following described property located in Pinellas County, Florida, is hereby zoned as indicated upon annexation into the City of Clearwater, and the zoning atlas of the City is amended, as follows: Property Zoning District Lot 3, in Block “B” of Pine Ridge Subdivision, Low Medium Density together with abutting right of way, according Residential (LMDR) to map or plat thereof as recorded in Plat Book 28, Page 98, Public Records of Pinellas County, Florida (ANX2013-03006) The map attached as Exhibit A is hereby incorporated by reference. Section 2. The City Engineer is directed to revise the zoning atlas of the City in accordance with the foregoing amendment. Section 3. This ordinance shall take effect immediately upon adoption, contingent upon and subject to the adoption of Ordinance No. 8406-13 PASSED ON FIRST READING ___________________________ PASSED ON SECOND AND FINAL ___________________________ READING AND ADOPTED Attachment number 1 \nPage 1 of 2 Item # 19 Ordinance No. 8408-13 _______________________________ George N. Cretekos Mayor Approved as to form: Attest: __________________________ ______________________________ Leslie K. Dougall-Sides Rosemarie Call Assistant City Attorney City Clerk Attachment number 1 \nPage 2 of 2 Item # 19 Attachment number 2 \nPage 1 of 1 Item # 19 City Council Agenda Council Chambers - City Hall Meeting Date:7/18/2013 SUBJECT / RECOMMENDATION: Adopt Ordinance 8412-13 on second reading, annexing certain real property whose post office address is 1270 Palm Street, into the corporate limits of the city and redefining the boundary lines of the city to include said addition. SUMMARY: Review Approval: Cover Memo Item # 20 Ordinance No. 8412-13 ORDINANCE NO. 8412-13 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTY LOCATED ON THE NORTH SIDE OF PALM STREET APPROXIMATELY 200 FEET WEST OF BETTY LANE, CONSISTING OF KNIGHT’S ACRES LOT 11, WHOSE POST OFFICE ADDRESS IS 1270 PALM STREET, INTO THE CORPORATE LIMITS OF THE CITY, AND REDEFINING THE BOUNDARY LINES OF THE CITY TO INCLUDE SAID ADDITION; PROVIDING AN EFFECTIVE DATE. WHEREAS, the owner of the real property described herein and depicted on the map attached hereto as Exhibit A has petitioned the City of Clearwater to annex the property into the City pursuant to Section 171.044, Florida Statutes, and the City has complied with all applicable requirements of Florida law in connection with this ordinance; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following-described property is hereby annexed into the City of Clearwater and the boundary lines of the City are redefined accordingly: Lot 11, Knight’s Acres, according to the map or plat thereof as recorded In Plat Book 11, Page 67, Public Records of Pinellas County, Florida. (ANX2013-04009) The map attached as Exhibit A is hereby incorporated by reference. Section 2. The provisions of this ordinance are found and determined to be consistent with the City of Clearwater Comprehensive Plan. The City Council hereby accepts the dedication of all easements, parks, rights-of-way and other dedications to the public, which have heretofore been made by plat, deed or user within the annexed property. The City Engineer, the City Clerk and the Planning and Development Director are directed to include and show the property described herein upon the official maps and records of the City. Section 3. This ordinance shall take effect immediately upon adoption. The City Clerk shall file certified copies of this ordinance, including the map attached hereto, with the Clerk of the Circuit Court and with the County Administrator of Pinellas County, Florida, within 7 days after adoption, and shall file a certified copy with the Florida Department of State within 30 days after adoption. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Attachment number 1 \nPage 1 of 2 Item # 20 Ordinance No. 8412-13 ________________________________ George N. Cretekos Mayor Approved as to form: Attest: ___________________________ _____________________________ Leslie K. Dougall-Sides Rosemarie Call Assistant City Attorney City Clerk Attachment number 1 \nPage 2 of 2 Item # 20 Attachment number 2 \nPage 1 of 1 Item # 20 City Council Agenda Council Chambers - City Hall Meeting Date:7/18/2013 SUBJECT / RECOMMENDATION: Adopt Ordinance 8413-13 on second reading, amending the future land use plan element of the Comprehensive Plan of the city to designate the land use for certain real property whose post office address is 1270 Palm Street, upon annexation into the City of Clearwater, as Residential Urban (RU). SUMMARY: Review Approval: Cover Memo Item # 21 Ordinance No. 8413-13 ORDINANCE NO. 8413-13 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE FUTURE LAND USE PLAN ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY, TO DESIGNATE THE LAND USE FOR CERTAIN REAL PROPERTY LOCATED ON THE NORTH SIDE OF PALM STREET APPROXIMATELY 200 FEET WEST OF BETTY LANE, CONSISTING OF KNIGHT’S ACRES LOT 11, WHOSE POST OFFICE ADDRESS IS 1270 PALM STREET, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS RESIDENTIAL URBAN (RU); PROVIDING AN EFFECTIVE DATE. WHEREAS, the amendment to the future land use plan element of the comprehensive plan of the City as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's comprehensive plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The future land use plan element of the comprehensive plan of the City of Clearwater is amended by designating the land use category for the hereinafter described property, upon annexation into the City of Clearwater, as follows: Property Land Use Category Lot 11, Knight’s Acres, according to the map or Residential Urban (RU) plat thereof as recorded in Plat Book 11, Page 67, Public Records of Pinellas County, Florida (ANX2013-04009) The map attached as Exhibit A is hereby incorporated by reference. Section 2. The City Council does hereby certify that this ordinance is consistent with the City’s comprehensive plan. Section 3. This ordinance shall take effect immediately upon adoption, contingent upon and subject to the adoption of Ordinance No. 8412-13. PASSED ON FIRST READING _____________________ PASSED ON SECOND AND FINAL _____________________ READING AND ADOPTED __________________________ George N. Cretekos Mayor Approved as to form: Attest: __________________________ __________________________ Leslie K. Dougall-Sides Rosemarie Call Assistant City Attorney City Clerk Attachment number 1 \nPage 1 of 1 Item # 21 Attachment number 2 \nPage 1 of 1 Item # 21 City Council Agenda Council Chambers - City Hall Meeting Date:7/18/2013 SUBJECT / RECOMMENDATION: Adopt Ordinance 8414-13 on second reading, amending the Zoning Atlas of the city by zoning certain real property whose post office address is 1270 Palm Street, upon annexation into the City of Clearwater, as Low Medium Density Residential (LMDR). SUMMARY: Review Approval: Cover Memo Item # 22 Ordinance No. 8414 -13 ORDINANCE NO. 8414-13 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY ZONING CERTAIN REAL PROPERTY LOCATED ON THE NORTH SIDE OF PALM STREET APPROXIMATELY 200 FEET WEST OF BETTY LANE, CONSISTING OF KNIGHT’S ACRES LOT 11, WHOSE POST OFFICE ADDRESS IS 1270 PALM STREET, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS LOW MEDIUM DENSITY RESIDENTIAL (LMDR); PROVIDING AN EFFECTIVE DATE. WHEREAS, the assignment of a zoning district classification as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's comprehensive plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following described property located in Pinellas County, Florida, is hereby zoned as indicated upon annexation into the City of Clearwater, and the zoning atlas of the City is amended, as follows: Property Zoning District Lot 11, Knight’s Acres, according to the map Low Medium Density or plat thereof as recorded in Plat Book 11, Residential (LMDR) Page 67, Public Records of Pinellas County, Florida. (ANX2013-04009) The map attached as Exhibit A is hereby incorporated by reference. Section 2. The City Engineer is directed to revise the zoning atlas of the City in accordance with the foregoing amendment. Section 3. This ordinance shall take effect immediately upon adoption, contingent upon and subject to the adoption of Ordinance No. 8412-13 PASSED ON FIRST READING ___________________________ PASSED ON SECOND AND FINAL ___________________________ READING AND ADOPTED _______________________________ George N. Cretekos Mayor Attachment number 1 \nPage 1 of 2 Item # 22 Ordinance No. 8414 -13 Approved as to form: Attest: __________________________ ______________________________ Leslie K. Dougall-Sides Rosemarie Call Assistant City Attorney City Clerk Attachment number 1 \nPage 2 of 2 Item # 22 Attachment number 2 \nPage 1 of 1 Item # 22 City Council Agenda Council Chambers - City Hall Meeting Date:7/18/2013 SUBJECT / RECOMMENDATION: Adopt Ordinance 8415-13 on second reading, annexing certain real property whose post office address is 1544 Levern Street, into the corporate limits of the city and redefining the boundary lines of the city to include said addition. SUMMARY: Review Approval: Cover Memo Item # 23 Ordinance No. 8415 -13 ORDINANCE NO. 8415-13 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTY LOCATED ON THE NORTH SIDE OF LEVERN STREET, APPROXIMATELY 160 FEET WEST OF WOOD AVENUE, CONSISTING OF LOT 1, BLOCK E, BONAIR HILL SUBDIVISION, WHOSE POST OFFICE ADDRESS IS 1544 LEVERN STREET, INTO THE CORPORATE LIMITS OF THE CITY, AND REDEFINING THE BOUNDARY LINES OF THE CITY TO INCLUDE SAID ADDITION; PROVIDING AN EFFECTIVE DATE. WHEREAS, the owner of the real property described herein and depicted on the map attached hereto as Exhibit A has petitioned the City of Clearwater to annex the property into the City pursuant to Section 171.044, Florida Statutes, and the City has complied with all applicable requirements of Florida law in connection with this ordinance; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following-described property is hereby annexed into the City of Clearwater and the boundary lines of the City are redefined accordingly: Lot 1, Block E, Bonair Hill Subdivision, according to the map or plat thereof as recorded in Plat Book 26, Page 108, Public Records of Pinellas County, Florida. (ANX2013-03004) The map attached as Exhibit A is hereby incorporated by reference. Section 2. The provisions of this ordinance are found and determined to be consistent with the City of Clearwater Comprehensive Plan. The City Council hereby accepts the dedication of all easements, parks, rights-of-way and other dedications to the public, which have heretofore been made by plat, deed or user within the annexed property. The City Engineer, the City Clerk and the Planning and Development Director are directed to include and show the property described herein upon the official maps and records of the City. Section 3. This ordinance shall take effect immediately upon adoption. The City Clerk shall file certified copies of this ordinance, including the map attached hereto, with the Clerk of the Circuit Court and with the County Administrator of Pinellas County, Florida, within 7 days after adoption, and shall file a certified copy with the Florida Department of State within 30 days after adoption. Attachment number 1 \nPage 1 of 2 Item # 23 Ordinance No. 8415 -13 PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED ________________________________ George N. Cretekos Mayor Approved as to form: Attest: ___________________________ _____________________________ Leslie K. Dougall-Sides Rosemarie Call Assistant City Attorney City Clerk Attachment number 1 \nPage 2 of 2 Item # 23 Attachment number 2 \nPage 1 of 1 Item # 23 City Council Agenda Council Chambers - City Hall Meeting Date:7/18/2013 SUBJECT / RECOMMENDATION: Adopt Ordinance 8416-13 on second reading, amending the future land use plan element of the Comprehensive Plan of the city to designate the land use for certain real property whose post office address is 1544 Levern Street, upon annexation into the City of Clearwater, as Residential Low (RL). SUMMARY: Review Approval: Cover Memo Item # 24 Ordinance No. 8416-13 ORDINANCE NO. 8416-13 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE FUTURE LAND USE PLAN ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY, TO DESIGNATE THE LAND USE FOR CERTAIN REAL PROPERTY LOCATED ON THE NORTH SIDE OF LEVERN STREET, APPROXIMATELY 160 FEET WEST OF WOOD AVENUE, CONSISTING OF LOT 1, BLOCK E, BONAIR HILL SUBDIVISION, WHOSE POST OFFICE ADDRESS IS 1544 LEVERN STREET, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS RESIDENTIAL LOW (RL); PROVIDING AN EFFECTIVE DATE. WHEREAS, the amendment to the future land use plan element of the comprehensive plan of the City as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's comprehensive plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The future land use plan element of the comprehensive plan of the City of Clearwater is amended by designating the land use category for the hereinafter described property, upon annexation into the City of Clearwater, as follows: Property Land Use Category Lot 1, Block E, Bonair Hill Subdivision , Residential Low (RL) according to the map or plat thereof as recorded in Plat Book 26, Page 108, Public Records of Pinellas County, Florida (ANX2013-03004) The map attached as Exhibit A is hereby incorporated by reference. Section 2. The City Council does hereby certify that this ordinance is consistent with the City’s comprehensive plan. Section 3. This ordinance shall take effect immediately upon adoption, contingent upon and subject to the adoption of Ordinance No. 8415-13. PASSED ON FIRST READING _____________________ PASSED ON SECOND AND FINAL _____________________ READING AND ADOPTED __________________________ George N. Cretekos Mayor Approved as to form: Attest: __________________________ __________________________ Leslie K. Dougall-Sides Rosemarie Call Assistant City Attorney City Clerk Attachment number 1 \nPage 1 of 1 Item # 24 Attachment number 2 \nPage 1 of 1 Item # 24 City Council Agenda Council Chambers - City Hall Meeting Date:7/18/2013 SUBJECT / RECOMMENDATION: Adopt Ordinance 8417-13 on second reading, amending the Zoning Atlas of the city by zoning certain real property whose post office address is 1544 Levern Street, upon annexation into the City of Clearwater, as Low Medium Density Residential (LMDR). SUMMARY: Review Approval: Cover Memo Item # 25 Ordinance No. 8417 -13 ORDINANCE NO. 8417-13 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY ZONING CERTAIN REAL PROPERTY LOCATED ON THE NORTH SIDE OF LEVERN STREET, APPROXIMATELY 160 FEET WEST OF WOOD AVENUE, CONSISTING OF LOT 1, BLOCK E, BONAIR HILL SUBDIVISION, WHOSE POST OFFICE ADDRESS IS 1544 LEVERN STREET, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS LOW MEDIUM DENSITY RESIDENTIAL (LMDR); PROVIDING AN EFFECTIVE DATE. WHEREAS, the assignment of a zoning district classification as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's comprehensive plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following described property located in Pinellas County, Florida, is hereby zoned as indicated upon annexation into the City of Clearwater, and the zoning atlas of the City is amended, as follows: Property Zoning District Lot 1, Block E, Bonair Hill Subdivision, Low Medium Density according to the map or plat thereof as Residential (LMDR) recorded in Plat Book 26, Page 108, Public Records of Pinellas County, Florida (ANX2013-03004) The map attached as Exhibit A is hereby incorporated by reference. Section 2. The City Engineer is directed to revise the zoning atlas of the City in accordance with the foregoing amendment. Section 3. This ordinance shall take effect immediately upon adoption, contingent upon and subject to the adoption of Ordinance No. 8415-13 PASSED ON FIRST READING ___________________________ PASSED ON SECOND AND FINAL ___________________________ READING AND ADOPTED _______________________________ George N. Cretekos Mayor Attachment number 1 \nPage 1 of 2 Item # 25 Ordinance No. 8417 -13 Approved as to form: Attest: __________________________ ______________________________ Leslie K. Dougall-Sides Rosemarie Call Assistant City Attorney City Clerk Attachment number 1 \nPage 2 of 2 Item # 25 Attachment number 2 \nPage 1 of 1 Item # 25 City Council Agenda Council Chambers - City Hall Meeting Date:7/18/2013 SUBJECT / RECOMMENDATION: Adopt Ordinance 8430-13 on second reading, vacating a portion of the drainage easement encompassing a parcel of land lying in Section 05, Township 29 South, Range 16 East, Pinellas County, Florida, and being a portion of Lot 6, Winwood, as recorded in Plat Book 113, Pages 43-45 of the Public Records of Pinellas County, Florida. SUMMARY: Review Approval: Cover Memo Item # 26 [A04-01313 /125868/1] Ordinance No.8430 -13 ORDINANCE NO. 8430-13 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, VACATING A PORTION OF THE DRAINAGE AND UTILITY EASEMENT ENCOMPASSING A PARCEL OF LAND LYING IN SECTION 05, TOWNSHIP 29 SOUTH, RANGE 16 EAST, PINELLAS COUNTY, FLORIDA. AND BEING A PORTION OF LOT 6, WINWOOD, AS RECORDED IN PLAT BOOK 113, PAGES 43-45 OF THE PUBLIC RECORDS OF SAID PINELLAS COUNTY, FLORIDA, SAID PARCEL BEING MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING AN EFFECTIVE DATE. WHEREAS, owners of real property located in the City of Clearwater, have requested that the City vacate a portion of the drainage easement depicted in Exhibit A attached hereto; and, WHEREAS, the City Council finds that said easement is not necessary for municipal use and it is deemed to be in the best interest of the City and the general public that the same be vacated; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following: A PORTION OF THE DRAINAGE AND UTILITY EASEMENT ENCOMPASSING A PARCEL OF LAND LYING IN SECTION 05, TOWNSHIP 29 SOUTH, RANGE 16 EAST, PINELLAS COUNTY, FLORIDA. AND BEING A PORTION OF LOT 6, WINWOOD, AS RECORDED IN PLAT BOOK 113, PAGES 43-45 OF THE PUBLIC RECORDS OF SAID PINELLAS COUNTY, FLORIDA, SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: FROM THE MOST NORTHERLY CORNER COMMON TO LOTS 5 AND 6, WINWOOD, AS RECORDED IN PLAT BOOK 113, PAGES 43-45, OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA: THENCE S 89° 40’ 43” E, ALONG THE NORTH LINE OF SAID LOT 6, AS PLATTED, 2.05’ FOR A POINT OF BEGINNING, SAID POINT ALSO BEING THE NORTHWESTERLY CORNER OF A PLATTED DRAINAGE EASEMENT; THENCE CONTINUE S 89° 40’ 43” E, ALONG SAID NORTH LINE, 3.67’; THENCE S 34° 46’ 31” E, 3’ FROM AND PARALLEL TO THE WESTERLY LINE OF SAID DRAINAGE EASEMENT, 84.05’; THENCE S 19° 40’ Attachment number 1 \nPage 1 of 2 Item # 26 [A04-01313 /125868/1] Ordinance No.8430 -13 46” E, 11.52’ TO AN INTERSECTION WITH SAID WESTERLY DRAINAGE EASEMENT LINE; THENCE N 34° 46’ 31” W. ALONG SAID WESTERLY DRAINAGE EASEMENT LINE, 97.28’ TO THE POINT OF BEGINNING. is hereby vacated, and the City of Clearwater releases all of its rights in the servitude as described above to the owner of the servient estate thereto. Section 2. The City Clerk shall record this ordinance in the public records of Pinellas County, Florida, following adoption. Section 3. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING _________________________ PASSED ON SECOND AND FINAL READING AND ADOPTED _________________________ ______________________________ George N. Cretekos Mayor Approved as to form: Attest: ______________________________ ______________________________ Camilo A. Soto Rosemarie Call Assistant City Attorney City Clerk Attachment number 1 \nPage 2 of 2 Item # 26 City Council Agenda Council Chambers - City Hall Meeting Date:7/18/2013 SUBJECT / RECOMMENDATION: Adopt Ordinance 8432-13 on second reading, amending the Operating Budget for the Fiscal Year ending September 30, 2013, to reflect increases and decreases in revenues and expenditures for the General Fund, Special Development Fund, Special Program Fund, Water and Sewer Fund, Solid Waste Fund, Recycling Fund, Gas Fund, Marine Fund, Airpark Fund, Clearwater Harbor Marina Fund, General Services Fund, and Garage Fund. SUMMARY: Review Approval: Cover Memo Item # 27 Ordinance No. 8432-13 ORDINANCE NO. 8432-13 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE OPERATING BUDGET FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 2013 TO REFLECT INCREASES AND DECREASES IN REVENUES AND EXPENDITURES FOR THE GENERAL FUND, SPECIAL DEVELOPMENT FUND, SPECIAL PROGRAM FUND, WATER AND SEWER FUND, SOLID WASTE FUND, RECYCLING FUND, GAS FUND, MARINE FUND, AIRPARK FUND, CLEARWATER HARBOR MARINA FUND, GENERAL SERVICES FUND, AND GARAGE FUND, AS PROVIDED HEREIN; PROVIDING AN EFFECTIVE DATE. WHEREAS, the budget for the fiscal year ending September 30, 2013, for operating purposes, including debt service, was adopted by Ordinance No. 8356-12; and WHEREAS, at the Mid Year Review it was found that an increase of $19,126,645 is necessary for revenues and an increase of $17,264,639 is necessary for expenditures; and WHEREAS, a summary of the amended revenues and expenditures is attached hereto and marked Exhibit A; and WHEREAS, Section 2.519 of the Clearwater Code authorizes the City Council to provide for the expenditure of money for proper purposes not contained in the budget as originally adopted due to unforeseen circumstances or emergencies arising during the fiscal year; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. Section 1 of Ordinance No. 8356-12 is amended to read: Pursuant to the Amended City Manager's Annual Report and Estimate for the fiscal year beginning October 1, 2012 and ending September 30, 2013 a copy of which is on file with the City Clerk, the City Council hereby adopts an amended budget for the operation of the City, a copy of which is attached hereto as Exhibit A. Section 2. 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: _______________________________ ________________________________ Pamela K. Akin, City Attorney Rosemarie Call, City Clerk Attachment number 1 \nPage 1 of 1 Item # 27 EXHIBIT A 2012-13 BUDGET REVENUE First Quarter Mid Year Budgeted Amended Amended Revenues Budget Budget 2012/13 2012/13 2012/13 Amendments General Fund: Ad Valorem Taxes 35,468,760 35,468,760 35,468,760 Utility Taxes 13,614,180 13,214,180 13,214,180 Local Option, Fuel & Other Taxes 8,247,380 8,247,380 8,247,380 Franchise Fees 10,562,930 10,212,930 10,212,930 Other Permits & Fees 1,607,600 1,607,600 1,607,600 Intergovernmental Revenues 18,247,510 18,262,427 18,270,608 8,180 Charges for Services 13,080,800 13,502,800 13,509,800 7,000 Judgement, Fines & Forfeitures 616,650 616,650 616,650 Miscellaneous Revenues 1,356,000 1,357,000 1,384,500 27,500 Transfers In 7,671,860 9,735,076 9,735,078 2 Other Financing Sources - - - Transfer from Reserves - 2,612,684 2,759,302 146,618 Total, General Fund 110,473,670 114,837,487 115,026,788 189,300 Special Revenue Funds: Special Development Fund 11,785,490 14,706,200 14,706,200 Special Program Fund 1,144,560 3,714,676 5,726,822 2,012,146 Utility & Other Enterprise Funds: Water & Sewer Fund 65,307,170 65,574,142 81,400,916 15,826,774 Stormwater Utility Fund 16,386,950 18,482,417 18,482,417 Ordinance #8432-13 Stormwater Utility Fund 16,386,950 18,482,417 18,482,417 Solid Waste Fund 19,727,860 19,780,607 19,822,607 42,000 Gas Fund 38,086,640 41,243,405 42,309,405 1,066,000 Recycling Fund 2,603,500 2,992,704 2,966,704 (26,000) Airpark Fund 260,000 285,691 301,906 16,215 Marine Fund 4,563,620 4,572,910 4,472,910 (100,000) Clearwater Harbor Marina 476,200 478,402 478,402 Parking Fund 4,497,500 4,550,224 4,550,224 Harborview Center Fund 148,000 63,260 63,260 Internal Service Funds: Administrative Services Fund 9,110,200 9,299,534 9,299,534 General Services Fund 4,646,940 4,678,373 4,704,283 25,910 Garage Fund 12,948,200 13,115,892 13,190,192 74,300 Central Insurance Fund 18,321,730 21,175,660 21,175,660 Total, All Funds 320,488,230 339,551,584 358,678,230 19,126,645 Ordinance #8432-13 Attachment number 2 \nPage 1 of 2 Item # 27 EXHIBIT A (Continued) 2012-13 BUDGET EXPENDITURES First Quarter Mid Year Original Amended Amended Budget Budget Budget 2012/13 2012/13 2012/13 Amendments General Fund: City Council 279,220 283,179 283,179 City Manager's Office 1,232,240 1,249,239 1,249,239 City Attorney's Office 1,537,180 1,554,726 1,554,726 City Auditor's Office 194,080 195,423 195,423 Economic Development & Housing Svc 1,246,560 1,256,862 1,256,862 Engineering 7,663,600 7,708,913 7,708,913 Finance 2,162,430 2,183,243 2,183,243 Fire 24,430,700 24,590,196 24,734,816 144,620 Human Resources 1,029,330 1,034,832 1,034,832 Library 5,818,160 5,857,914 5,857,914 Marine & Aviation 593,640 595,655 602,655 7,000 Non-Departmental 3,330,390 3,780,390 3,780,390 Office of Management & Budget 305,310 307,511 307,511 Official Records & Legislative Svcs 1,012,030 1,040,078 1,040,078 Parks & Recreation 20,958,910 21,104,259 21,133,259 29,000 Planning & Development 4,754,150 4,796,274 4,796,274 Police 35,700,770 36,150,050 36,158,731 8,680 Public Communications 903,840 909,813 909,813 Public Utilities 238,930 238,930 238,930 Allocation to Reserves - - - Total, General Fund 113,391,470 114,837,487 115,026,788 189,300 Ordinance #8432-13 Special Revenue Funds: Special Development Fund 14,236,570 14,597,230 13,825,431 (771,799) Special Program Fund 1,594,560 3,664,676 5,676,822 2,012,146 Utility & Other Enterprise Funds: Water & Sewer Fund 64,138,060 64,405,032 80,231,806 15,826,774 Stormwater Utility Fund 18,444,180 18,482,417 18,482,417 Solid Waste Fund 18,555,090 18,558,337 18,346,437 (211,900) Gas Fund 34,595,830 36,052,595 36,266,488 213,893 Recycling Fund 2,945,650 2,970,724 2,939,024 (31,700) Airpark Fund 155,290 180,961 205,676 24,715 Marine Fund 4,510,610 4,519,900 4,427,900 (92,000) Clearwater Harbor Marina 394,830 397,032 402,032 5,000 Parking Fund 4,007,790 4,018,721 4,018,721 Harborview Center Fund 41,350 41,350 41,350 Internal Service Funds: Administrative Services Fund 9,109,930 9,194,264 9,194,264 General Services Fund 4,579,400 4,610,833 4,636,743 25,910 Garage Fund 13,012,810 13,115,892 13,190,192 74,300 Central Insurance Fund 19,975,660 21,175,660 21,175,660 Total, All Funds 323,689,080 330,823,111 348,087,750 17,264,639 Ordinance #8432-13 Attachment number 2 \nPage 2 of 2 Item # 27 City Council Agenda Council Chambers - City Hall Meeting Date:7/18/2013 SUBJECT / RECOMMENDATION: Adopt Ordinance 8433-13 on second reading, amending the Capital Improvement Budget for the Fiscal Year ending September 30, 2013, to reflect a net increase of $27,270,944. SUMMARY: Review Approval: Cover Memo Item # 28 Ordinance No. 8433-13 ORDINANCE NO. 8433-13 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE CAPITAL IMPROVEMENT BUDGET FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 2013, TO REFLECT A NET INCREASE OF $27,270,944 PROVIDING AN EFFECTIVE DATE. WHEREAS, the Capital Improvement Budget for the fiscal year ending September 30, 2013 was adopted by Ordinance No. 8357-12; and WHEREAS, Section 2.519 of the Clearwater Code authorizes the City Council to provide for the expenditure of money for proper purposes not contained in the budget as originally adopted due to unforeseen circumstances or emergencies arising during the fiscal year; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA; Section 1. Section 1 of Ordinance No. 8357-12 is amended to read: Pursuant to the Mid Year Amended Capital Improvement Program Report and Estimated Budget for the fiscal year beginning October 1, 2012 and ending September 30, 2013, a copy of which is on file with the City Clerk, the City Council hereby adopts a Mid Year Amended budget for the capital improvement fund for the City of Clearwater, a copy of which is attached hereto as Exhibit A. Section 2. 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: ______________________________ ____________________________ Pamela K. Akin, City Attorney Rosemarie Call, City Clerk Attachment number 1 \nPage 1 of 1 Item # 28 First Qtr Mid Year Original Amended Amended Budget Budget Budget 2012/13 2012/13 2012/13 Amendments Police Protection 0 0 0 Fire Protection 2,010,060 5,418,506 5,418,506 New Street Construction 0 0 0 Major Street Maintenance 3,305,410 3,294,162 2,522,363 (771,799) Sidewalk and Bike Trail 0 20,000 20,000 Intersections 435,000 435,000 504,749 69,749 Parking 260,000 218,207 218,207 Miscellaneous Engineering 35,000 35,000 35,000 Park Development 3,495,000 8,009,404 7,909,069 (100,335) Marine Facilities 990,000 1,076,561 1,171,561 95,000 Airpark Facilities 10,000 134,877 151,090 16,213 Libraries 5,835,000 5,835,000 5,835,000 Garage 5,411,000 5,490,225 5,490,225 Maintenance of Buildings 246,470 314,897 415,232 100,335 General Public City Buildings & Equipment 1,151,160 1,151,160 1,151,160 Miscellaneous 1,700,000 1,700,000 1,700,000 Stormwater Utility 7,733,660 8,533,660 9,083,660 550,000 Gas System 2,750,000 3,058,990 3,068,909 9,919 Solid Waste 460,000 460,000 460,000 EXHIBIT A CAPITAL IMPROVEMENT PROGRAM FOR FISCAL YEAR 2012/13 Solid Waste 460,000 460,000 460,000 Utilities Miscellaneous 10,000 10,000 10,000 Sewer System 10,473,000 9,542,018 9,542,018 Water System 15,835,250 17,557,891 44,859,753 27,301,862 Recycling 59,000 59,000 59,000 TOTAL 62,205,010 72,354,558 99,625,502 27,270,944 GENERAL SOURCES: General Operating Revenue 3,054,570 3,582,457 3,582,455 (2) General Revenue/County Co-op 635,000 635,000 635,000 Road Millage 1,774,380 1,774,380 1,774,380 Penny for Pinellas 9,625,000 16,979,884 16,208,085 (771,799) Transportation Impact Fee 290,000 290,000 290,000 Local Option Gas Tax 1,396,030 1,396,030 1,396,030 Special Program Fund 530,000 530,000 630,000 100,000 Special Development Fund 1,151,160 1,151,160 1,151,160 Grants - Other Agencies 300,000 300,000 300,000 Other Governmental 0 803,659 803,659 Property Owner's Share 0 21,372 101,040 79,668 Donations 0 100,000 100,000 Insurance Proceeds 0 8,752 8,752 Developer Public Art Contribution 0 0 0 Ordinance # 8433-13 Attachment number 2 \nPage 1 of 2 Item # 28 First Qtr Mid Year Original Amended Amended Budget Budget Budget 2012/13 2012/13 2012/13 Amendments EXHIBIT A CAPITAL IMPROVEMENT PROGRAM FOR FISCAL YEAR 2012/13 SELF SUPPORTING FUNDS: Marine Revenue 100,000 100,000 95,000 (5,000) Clearwater Harbor Marina Revenue 15,000 15,000 15,000 Airpark Revenue 10,000 34,980 51,196 16,215 Parking Revenue 270,000 228,207 228,207 Utility System: Water Impact Fees 243,700 243,700 243,700 Sewer Impact Fees 49,140 49,140 49,140 Utility R&R 3,051,430 3,051,430 3,051,430 Water Revenue 1,632,210 1,771,550 17,598,324 15,826,774 Sewer Revenue 6,088,730 6,088,730 6,088,730 Stormwater Utility Revenue 7,733,660 7,733,660 7,733,660 Gas Revenue 2,750,000 2,787,618 2,787,618 Solid Waste Revenue 460,000 460,000 460,000 Recycling Revenue 59,000 59,000 59,000 Grants - Other Agencies 0 899,897 12,924,985 12,025,088 INTERNAL SERVICE FUNDS: Garage Revenue 71,400 150,625 150,625 Administrative Services Revenue 255,000 255,000 255,000 Central Insurance Revenue 0 193,727 193,727 BORROWING - GENERAL SOURCES: Lease Purchase - General Fund 241,960 241,960 241,960 BORROWING - SELF SUPPORTING FUNDS: Lease Purchase - Water 0 0 0 Lease Purchase - Sewer Lease Purchase - Stormwater Bond Issue - Water & Sewer 15,253,040 15,253,040 15,253,040 BORROWING - INTERNAL SERVICE FUNDS: Lease Purchase - Garage 5,039,600 5,039,600 5,039,600 Lease Purchase - Administrative Services 125,000 125,000 125,000 TOTAL ALL FUNDING SOURCES:62,205,010 72,354,558 99,625,502 27,270,944 Ordinance # 8433-13 Attachment number 2 \nPage 2 of 2 Item # 28 City Council Agenda Council Chambers - City Hall Meeting Date:7/18/2013 SUBJECT / RECOMMENDATION: Accept a Gas Main and Utilities Easement conveyed by Wade Surfside Condominium Association, Inc. over a portion of property located at 18838 Gulf Boulevard, Indian Shores, Florida. (consent) SUMMARY: Property owners within Wade Surfside Condominiums have contacted Clearwater Gas to request natural gas service connection. The subject easement will provide for the City to bring natural gas service from the street to the building. This easement is granted at no cost to the City. Type:Other Current Year Budget?:None Budget Adjustment:None Budget Adjustment Comments: Current Year Cost:Annual Operating Cost: Not to Exceed:Total Cost: For Fiscal Year: to Review Approval: Cover Memo Item # 29 LEGAL DESCRIPTION: A 5' Gas Utility Easement described as follows: The Southeasterly 5 feet of the Northeasterly 102.67 feet of the property described in Condominium Plat Book 83, Page 15, "Wade Surfside Condominium," as recorded in the Public Records of Pinellas County, FL. Wade S u rf si d e C o n d o mi ni u m Condo B o o k 8 3, P a g e 1 5 Gul f Bou levard (Coun ty Road 208 )Gul f o f Mex i co Attachment number 1 \nPage 1 of 1 Item # 29 Attachment number 2 \nPage 1 of 5 Item # 29 Attachment number 2 \nPage 2 of 5 Item # 29 Attachment number 2 \nPage 3 of 5 Item # 29 Attachment number 2 \nPage 4 of 5 Item # 29 Attachment number 2 \nPage 5 of 5 Item # 29 City Council Agenda Council Chambers - City Hall Meeting Date:7/18/2013 SUBJECT / RECOMMENDATION: Approve the selection of Raftelis Financial Consultants, Inc. to conduct an efficiency study for the City of Clearwater Utility Customer Service function for an amount not to exceed $86,161; authorize staff to finalize a contact for such services; and authorize the appropriate officials to execute same. (consent) SUMMARY: In the aftermath of the replacement of the Customer Service Director, the City Manager directed that an outside consultant be hired to evaluate the Utility Customer Service Department and the Citywide Utility Customer Service function. A Request for Proposals (RFP) was issued that asked for the following scope of work: o Determine and review core services and identify budget limits and performance targets for each of these core services. o Clarify changes that can be made within the department and the enterprise to improve efficiency. These options should include maintaining programs, consolidating, restructuring or reducing a program, outsourcing or eliminating a program altogether. o Determine the most efficient organizational structure. o Develop effective performance measures subject to existing national, regional, and/or local standards for customer service operations. The City received five responses from Data Management Associates, PA Consulting Group, Raftelis Financial Consultants, Matrix Consulting Group, and Power Services Inc. An RFP committee consisting of the Customer Service Director, Human Resources Director, Public Utilities Director, Solid Waste Director, Gas System General Director, City Auditor, and Human Resources Employment Manager reviewed the responses; chose Power Services, Inc. and Raftelis Financial Consultants as the finalists and conducted on-sight interviews. The responses were evaluated on knowledge of utility customer service, vendor qualifications, ability to complete and communicate the required tasks, qualifications and availability of staff and fees. The majority of the committee felt that Raftelis Financial Consulting was the best fit for completing all the required tasks. The City Auditor contacted Raftelis and negotiated a reduced fee. Raftelis agreed to reduce their fee by $13,564 to $86,161 with no reduction in the scope of work to be provided. While this was higher than Power Services ($81,000), the RFP Committee was then unanimous in the acceptability of Raftelis. A third quarter budget amendment will provide funding for this contract in the amount of $86,161 from the unappropriated reserves of the Administrative Services Fund. Review Approval: Cover Memo Item # 30 Attachment number 1 \nPage 1 of 9 Item # 30 Attachment number 1 \nPage 2 of 9 Item # 30 Attachment number 1 \nPage 3 of 9 Item # 30 Attachment number 1 \nPage 4 of 9 Item # 30 Attachment number 1 \nPage 5 of 9 Item # 30 Attachment number 1 \nPage 6 of 9 Item # 30 Attachment number 1 \nPage 7 of 9 Item # 30 Attachment number 1 \nPage 8 of 9 Item # 30 Attachment number 1 \nPage 9 of 9 Item # 30 Attachment number 2 \nPage 1 of 9 Item # 30 Attachment number 2 \nPage 2 of 9 Item # 30 Attachment number 2 \nPage 3 of 9 Item # 30 Attachment number 2 \nPage 4 of 9 Item # 30 Attachment number 2 \nPage 5 of 9 Item # 30 Attachment number 2 \nPage 6 of 9 Item # 30 Attachment number 2 \nPage 7 of 9 Item # 30 Attachment number 2 \nPage 8 of 9 Item # 30 Attachment number 2 \nPage 9 of 9 Item # 30 City Council Agenda Council Chambers - City Hall Meeting Date:7/18/2013 SUBJECT / RECOMMENDATION: Approve an agreement between Pinellas County (County) and the City of Clearwater (City) for the use of a portion of the Sand Key Park Parking Lot on Sunday, July 21, 2013 from 5:00 p.m. to 9:00 p.m. as overflow parking for a welcome party for the ASA Gold National Event being held in Clearwater and authorize the appropriate officials to execute same. (consent) SUMMARY: The City and Pinellas County Sports Commission will be hosting the 2013 Amateur Softball Association (ASA) 18U Gold National Championships, which will be held in Clearwater from July 21 to 28. This tournament will have a tremendous economic impact to the community. There are 76 teams with 1500 participants, generating approximately 8,000 to 10,000 room nights. As part of the festivities, there is a welcome party to be held at the Sheraton Sand Key Resort on the evening of July 21, 2013 from 7:00 p.m. to 9:00 p.m. with a fireworks show on the beach at 9:15 p.m. In order to accommodate this large of a gathering the City would like to submit a special event application and subsequent agreement with the County for use of a portion of the parking lot on Sand Key Park as an overflow lot. It is anticipated that approximately 200 to 300 cars may need to park at Sand Key, as the Sheraton does not have parking for this type of event. Staff is requesting a waiver of fees for the event and will provide parking attendants to assist participants coming to this event. Since an indemnity clause is associated with this application and agreement, Council approval is needed. Review Approval: Cover Memo Item # 31 Attachment number 1 \nPage 1 of 10 Item # 31 Attachment number 1 \nPage 2 of 10 Item # 31 Attachment number 1 \nPage 3 of 10 Item # 31 Attachment number 1 \nPage 4 of 10 Item # 31 Attachment number 1 \nPage 5 of 10 Item # 31 Attachment number 1 \nPage 6 of 10 Item # 31 Attachment number 1 \nPage 7 of 10 Item # 31 Attachment number 1 \nPage 8 of 10 Item # 31 Attachment number 1 \nPage 9 of 10 Item # 31 Attachment number 1 \nPage 10 of 10 Item # 31 City Council Agenda Council Chambers - City Hall Meeting Date:7/18/2013 SUBJECT / RECOMMENDATION: Approve submission of Department of Justice, Bureau of Justice Assistance (DOJ/BJA) Edward Byrne Memorial Justice Assistance Grant application in the amount of $56,631 and additional 2.7 Full Time Equivalent Position (FTE). (consent) SUMMARY: On June 5, 2013, Clearwater Police Department (CPD) was granted approval by the City’s Resource Management Committee to utilize a $56,631 allocation under the federal Justice Assistance Grant (JAG) program to continue its successful Report Review Team Program. The Program was originally launched in 2011 with JAG funding. The Report Review Team (RRV) Program was created as a means to increase supervisor efficiency within the police department. The RRT Program removes the burden of report review from first line supervisors. Implementation of the RRT Program has resulted in efficiencies for our field supervisors by allowing them to focus on evaluation and supervision of field personnel, employee coaching, community problem solving, and reaching other department goals. The smaller review team has also allowed for greater accountability and consistency in the final work product. The current RRT Program consists of four part-time, non-sworn employees and operates under the supervisory umbrella of the Crime Analysis Unit. The team reviews, approves, and disseminates all police reports generated within the Patrol Division and by Police Service Technicians to ensure that the reports meet the minimum standards set forth by the department. Additionally, the team is responsible for the tracking of reports to ensure a timely review and to provide feedback to patrol supervisors if corrective action is necessary. The 2013 JAG grant will fund the salary and benefits of 1.4 full-time equivalent (FTE) report reviewer positions. This is based on a total of 2701.99 hours at an hourly rate of $19.4697 for total salary of $52,607. Social Security at 7.65% on that amount will be $4,024 for a grand total of $56,631 to be charged to the JAG grant. An additional 2,499 hours will be worked by the Team for a cost of $48,655 in salary and $3,722 for Social Security, for a total of $52,377 and representing another 1.3 FTE’s. The $52,377 will be funded by Investigative Cost Recovery project (Special Project Number 181-99329). The total cost of the program will be $109,008 with $56,631 for 1.4 FTE’s being funded with the Justice Assistance (DOJ/BJA) Edward Byrne Memorial Justice Assistance Grant and the remaining $52,377 for 1.3 FTE’s funded from the Investigative Cost Recovery funding. Total FTE’s for the project are 2.7. There is no mandatory match for this grant. The $52,377 from the Investigative Cost Recovery fund will be reflected in the grant budget as a voluntary match. There is no retention requirement associated with this grant and the additional positions will be eliminated when grant funding expires. There will be no direct adverse impact to the Police Department annual operating budget nor is there a required match. Because the RRT Program is so successful, it is proposed that subsequent years continue to be funded through the same grant or the Investigative Cost Recovery project. Cover Memo Item # 32 Appropriation Code Amount Appropriation Comment Not assigned at this time $ 56,631 Federal Grant amount 181-99329 $ 52,377 Voluntary match Review Approval: Cover Memo Item # 32 Attachment number 1 \nPage 1 of 2 Item # 32 Attachment number 1 \nPage 2 of 2 Item # 32 City Council Agenda Council Chambers - City Hall Meeting Date:7/18/2013 SUBJECT / RECOMMENDATION: Approve the delegation of authority to the Chief of Police of the City of Clearwater, Florida to enter into short-term rental/lease agreements of real property, not to exceed a term of ninety days, for the purpose of proactively investigating criminal activity involving issues affecting the quality of life for Clearwater citizens. (consent) SUMMARY: Clearwater City Council is requested to delegate authority to the Clearwater Police Chief to enter into short-term rental/lease agreements of real property for a period not to exceed ninety days to permit proactive investigations related to crimes against children, narcotics trafficking, prostitution and other crimes affecting the quality of life for the citizens of Clearwater. All expenses pertinent to the rental/lease agreements will be paid for with funds from the Clearwater Police Department’s approved budget. Review Approval: Cover Memo Item # 33 City Council Agenda Council Chambers - City Hall Meeting Date:7/18/2013 SUBJECT / RECOMMENDATION: Approve the Electronic Surveillance Support Team Multi-Agency Voluntary Cooperation Mutual Aid Agreement for law enforcement services between The Florida Department of Law Enforcement and the City of Clearwater, effective through June 30, 2016, and authorize the appropriate officials to execute same. (consent) SUMMARY: Mutual aid agreements among law enforcement agencies are authorized by Chapter 23, Florida Statutes, for rendering voluntary assistance of a routine law enforcement nature to one another across jurisdictional lines by and between such agencies to such lawful activities and to enter into an operational assistance agreement whereby each agency may request and render law enforcement assistance to the other law enforcement agencies during emergencies under Section 252.34, Florida Statutes. The Florida Department of Law Enforcement (FDLE) and each agency party to this agreement has custody and control of technical assets including but not limited to covert camera systems (including internet-based systems), cellular locating equipment, global positioning satellite (GPS) tracking equipment, and video and audio enhancement equipment, all of which is used in surveillance and location of subjects of violent criminal or missing persons investigations. Technical assistance is necessary for the deployment and effective use and operation of these technical assets, and certain requests for electronic surveillance support may require more resources, specially trained personnel or advanced technical equipment than a single agency can provide. The parties have determined that they can make efficient use of their powers and resources, in certain criminal cases that may require specialized expertise and have the potential to cross jurisdictional lines, through coordination and sharing of specialized technical resources and personnel. When engaged in Electronic Surveillance Support Team (ESST) operations that have been approved by and involve FDLE, as contemplated by the Mutual Aid Agreement, ESST members who do not otherwise have jurisdictional authority shall have full jurisdictional authority anywhere in the State of Florida, although principally focused within their “standard operational area” as set forth in Addendum A, with full power to enforce Florida laws and to avail themselves of the provision of this Agreement. The parties agree to carry out their respective duties and responsibilities as outlined in the Electronic Surveillance Support Team Multi-Agency Voluntary Cooperation Mutual Aid Agreement (ESST MAA), subject to controlling law, policies or procedures, and in consideration of the mutual interests and understandings expressed in the agreement. There is no cost associated with the ESST MAA. The City Attorney and Police Chief recommend approval. Type:Other Current Year Budget?:None Budget Adjustment:None Cover Memo Item # 34 Budget Adjustment Comments: Current Year Cost:$ 0.00 Annual Operating Cost:$ 0.00 Not to Exceed:Total Cost:$ 0.00 For Fiscal Year: to Review Approval: Cover Memo Item # 34 Attachment number 1 \nPage 1 of 6 Item # 34 Attachment number 1 \nPage 2 of 6 Item # 34 Attachment number 1 \nPage 3 of 6 Item # 34 Attachment number 1 \nPage 4 of 6 Item # 34 Attachment number 1 \nPage 5 of 6 Item # 34 Attachment number 1 \nPage 6 of 6 Item # 34 City Council Agenda Council Chambers - City Hall Meeting Date:7/18/2013 SUBJECT / RECOMMENDATION: Ratify and confirm the City Manager’s approval of two Business Lease Contracts between the City of Clearwater and Lutheran Services Florida, Inc. for the use of city-owned properties located at 701 N. Missouri Avenue and 918 Palmetto Street; and authorize the appropriate officials to execute same. (consent) SUMMARY: The City has leased out city property at 701 N. Missouri Avenue and 918 Palmetto Street for the Head Start program for several years. Head Start is a community service program aimed at providing preschool-aged children with structured recreation and educational opportunities. The Head Start program is funded by federal grant dollars and is operated under the direction of the U.S. Department of Health and Human Services. Lutheran Services Florida, Inc. (LSF), a non-profit corporation, will now be operating the program at 22 sites throughout Pinellas County including the two city sites. The previous partner tasked with operating the program in Pinellas County no longer has access to the grant funding and has terminated both leases with the City effective June 30, 2013. LSF has requested leases for both city properties to begin on July 1, 2013. The site at 918 Palmetto is a vacant city-owned parcel adjacent to the Sanderlin Head Start Center. The Sanderlin Center is owned is by a private party and is leased to LSF. The vacant city-owned parcel is approximately 0.12 acres and is used as a playground for children visiting the Sanderlin Center. Playground equipment is owned and maintained by LSF. The Head Start facility at 701 N. Missouri has been operated entirely on city owned property. The 0.98-acre site contains a playground and several small buildings for use of the site as a pre-school nursery. Playgrounds at both sites will also be available to children not enrolled in the Head Start program. The proposed leases have terms and conditions similar to the previous leases for each site. Each lease has an initial term of 5 years with an option to extend for one additional 5-year term. Both leases have a rental rate of $1 for the lease term. Review Approval: Cover Memo Item # 35 Attachment number 1 \nPage 1 of 12 Item # 35 Attachment number 1 \nPage 2 of 12 Item # 35 Attachment number 1 \nPage 3 of 12 Item # 35 Attachment number 1 \nPage 4 of 12 Item # 35 Attachment number 1 \nPage 5 of 12 Item # 35 Attachment number 1 \nPage 6 of 12 Item # 35 Attachment number 1 \nPage 7 of 12 Item # 35 Attachment number 1 \nPage 8 of 12 Item # 35 Attachment number 1 \nPage 9 of 12 Item # 35 Attachment number 1 \nPage 10 of 12 Item # 35 Attachment number 1 \nPage 11 of 12 Item # 35 Attachment number 1 \nPage 12 of 12 Item # 35 Attachment number 2 \nPage 1 of 12 Item # 35 Attachment number 2 \nPage 2 of 12 Item # 35 Attachment number 2 \nPage 3 of 12 Item # 35 Attachment number 2 \nPage 4 of 12 Item # 35 Attachment number 2 \nPage 5 of 12 Item # 35 Attachment number 2 \nPage 6 of 12 Item # 35 Attachment number 2 \nPage 7 of 12 Item # 35 Attachment number 2 \nPage 8 of 12 Item # 35 Attachment number 2 \nPage 9 of 12 Item # 35 Attachment number 2 \nPage 10 of 12 Item # 35 Attachment number 2 \nPage 11 of 12 Item # 35 Attachment number 2 \nPage 12 of 12 Item # 35 701 N MISSOURI AVENUE ^ 918 PALMETTO STREET ^ SEMINOLE ST PALMETTO ST ELDRIDGE ST PENNSYLVANIA AVEMAPLE ST LA SALLE ST PALM BLUFF ST N MARTIN LUTHER KING, JR. AVEWEST AVELEE ST N MADISON AVEN MISSOURI AVEJURGENS ST NICHOLSON ST DOUGLAS AVELA SALLE ST PALM BLUFF ST HEAD START LEASES LOCATION MAP ²Prepared by:Engineering DepartmentGeographic Technology Division100 S. Myrtle Ave, Clearwater, FL 33756Ph: (727)562-4750, Fax: (727)526-4755www.MyClearwater.com JB MK N.T.S.278A 10-29s-15w06/04/2013Map Gen By:Reviewed By:S-T-R:Grid #:Date:Scale: HEAD START LEASES Document Path: V:\GIS\Engineering\Location Maps\Head Start Leases_location map.mxd 918 PALMETTO STREET701 N MISSOURI AVENUE Attachment number 3 \nPage 1 of 1 Item # 35 City Council Agenda Council Chambers - City Hall Meeting Date:7/18/2013 SUBJECT / RECOMMENDATION: Adopt a tentative millage rate of 5.1550 mills for fiscal year 2013/14 and set public hearing dates on the budget for September 3, 2013 and September 19, 2013, to be held no earlier than 6:00 p.m. SUMMARY: In accordance with the Truth in Millage (TRIM) process, the City Council must adopt a tentative millage rate and set public hearing dates prior to finalizing and adopting a budget. This information must be provided to the Pinellas County Property Appraiser and Tax Collector by August 4, 2013. The City's proposed millage rate and public hearing dates will be included on the TRIM notices mailed to taxpayers in August. This tentative rate cannot be increased without first-class mailing notification to each taxpayer at the expense of the City of Clearwater, not less than 10 days and not more than 15 days before the public hearing. The City Manager's recommended millage rate is 5.1550 mills. The rate is 3.05% more than the rolled back rate of 5.0023 mills. The rolled-back rate is the millage rate that will provide the City with the same property tax revenue as was levied in the prior year. If the proposed millage rate of 5.1550 mills is adopted, the City's ordinance adopting the millage rate will reflect a 3.05% increase from the rolled-back rate of 5.xxxx mills. The proposed millage rate as well as other TRIM millage rates will be noted on the 2013 compliance forms as follows: 5.1550 mills - Tentative millage rate 5.0023 mills - Rolled-back millage rate 7.7127 mills - Maximum majority vote rate 8.4840 mills - Maximum two-thirds vote rate Review Approval: Cover Memo Item # 36 PRELIMINARYPRELIMINARYANNUAL OPERATINGANNUAL OPERATING& CAPITAL IMPROVEMENT& CAPITAL IMPROVEMENTBUDGETBUDGET2013/142013/14PRELIMINARYPRELIMINARYANNUAL OPERATINGANNUAL OPERATING& CAPITAL IMPROVEMENT& CAPITAL IMPROVEMENTBUDGETBUDGET2013/142013/142013/142013/142013/142013/14Attachment number 1 \nPage 1 of 20 Item # 36 ALL FUNDSALL FUNDSFY 2013FY 2013FY 2014FY 2014GENERALGENERAL $ 113 M$ 113 M $ 115 M$ 115 MUTILITYUTILITY 139 M139 M 142 M142 MENTERPRISEENTERPRISE9 M9 M9 M9 MENTERPRISEENTERPRISE9 M9 M9 M9 MINT SVCINT SVC 47 M47 M 50 M50 MSPECIAL PGMSPECIAL PGM 16 M16 M 14 M14 MCAPITALCAPITAL 62 M62 M 45 M45 MTOTALTOTAL $ 386 M$ 386 M $ 375 M$ 375 MAttachment number 1 \nPage 2 of 20 Item # 36 General Fd ExpendituresGeneral Fd ExpendituresFY 2013FY 2013FY 2014FY 2014PolicePolice 35.7 M35.7 M 36.3 M36.3 M 2%2%FireFire 24.4 M24.4 M 23.9 M23.9 M --2%2%Parks & RecParks & Rec 21.0 M21.0 M 21.1 M21.1 M 1%1%LibraryLibrary5.8 M5.8 M5.9 M5.9 M2%2%LibraryLibrary5.8 M5.8 M5.9 M5.9 M2%2%Planning/Dev SvcPlanning/Dev Svc 4.8 M4.8 M 4.8 M4.8 M 2%2%EngineeringEngineering 7.9 M7.9 M 7.6 M7.6 M --1%1%OtherOther 13.8 M13.8 M 15.3 M15.3 M 11%11%TOTALTOTAL 113.4 M113.4 M 114.9 M114.9 M 1%1%Attachment number 1 \nPage 3 of 20 Item # 36 GENERAL FUND GENERAL FUND GENERAL FUND GENERAL FUND EXPENDITURESEXPENDITURESEXPENDITURESEXPENDITURESGENERAL FUND GENERAL FUND GENERAL FUND GENERAL FUND EXPENDITURESEXPENDITURESEXPENDITURESEXPENDITURESEng/PS 7%Eng/PS 7%Adm/Other12%Adm/Other12%P&D 4%P&D 4%2013/142013/142013/142013/14$ 114.9 Million$ 114.9 MillionPublic Safety53%Public Safety53%Quality of Life 24%Quality of Life 24%Attachment number 1 \nPage 4 of 20 Item # 36 GENERAL FUND GENERAL FUND GENERAL FUND GENERAL FUND EXPENDITURESEXPENDITURESEXPENDITURESEXPENDITURESGENERAL FUND GENERAL FUND GENERAL FUND GENERAL FUND EXPENDITURESEXPENDITURESEXPENDITURESEXPENDITURES2013/142013/142013/142013/14$ 114.9 Million$ 114.9 MillionOperating17%Operating17%Debt0% Debt0% Int Svc 11%Transfers3%Attachment number 1 \nPage 5 of 20 Item # 36 General Fund BudgetGeneral Fund BudgetMillionCPIMillionAttachment number 1 \nPage 6 of 20 Item # 36 General Fund RevenueGeneral Fund RevenueFY 2013FY 2013FY 2014FY 2014Property TaxProperty Tax 35.5 M35.5 M 36.5 M36.5 M 3%3%Franchise/UtilityFranchise/Utility 24.2 M24.2 M 23.8 M23.8 M --2%2%Comm/Sales TaxComm/Sales Tax 11.9 M11.9 M 12.4 M12.4 M 5%5%IntergvrnmentalIntergvrnmental11.6 M11.6 M12.0 M12.0 M3%3%IntergvrnmentalIntergvrnmental11.6 M11.6 M12.0 M12.0 M3%3%Licenses/FinesLicenses/Fines 4.3 M4.3 M 5.1 M5.1 M 17%17%InterfundInterfund 17.5 M17.5 M 18.0 M18.0 M 3%3%OtherOther 5.5 M5.5 M 5.8 M5.8 M 5%5%ReservesReserves 2.9 M2.9 M 1.4 M1.4 M --51%51%TOTALTOTAL 113.4 M113.4 M 114.9 M114.9 M 1%1%Attachment number 1 \nPage 7 of 20 Item # 36 PROPERTY VALUESPROPERTY VALUESBillionAttachment number 1 \nPage 8 of 20 Item # 36 PROPERTY TAX PROPERTY TAX REVENUESREVENUESMillionMillionAttachment number 1 \nPage 9 of 20 Item # 36 FRANCHISE FEES & FRANCHISE FEES & UTILITY TAXESUTILITY TAXESMillionMillionAttachment number 1 \nPage 10 of 20 Item # 36 General Fund BudgetGeneral Fund BudgetExpendituresExpenditures $ 114,923,880$ 114,923,880Annual RevenuesAnnual Revenues113,500,460113,500,460Annual RevenuesAnnual Revenues113,500,460113,500,460Use of ReservesUse of Reserves $ 1,423,420$ 1,423,420Attachment number 1 \nPage 11 of 20 Item # 36 Savings InitiativesSavings InitiativesGeneral Fund ResGeneral Fund Reserves $ 1,423,420erves $ 1,423,420Pension Credit BalancePension Credit Balance 535,000535,000Salary SavingsSalary Savings $960,000$960,000Attachment number 1 \nPage 12 of 20 Item # 36 Millage RateMillage RateMillage RateMillage RateCurrent millage rateCurrent millage rate 5.1550 mills5.1550 millsProposed rateProposed rate 5.1550 5.1550 millsmillsCurrent millage rateCurrent millage rate 5.1550 mills5.1550 millsProposed rateProposed rate 5.1550 5.1550 millsmills3.05% increase 3.05% increase from rolledfrom rolled--back rateback rateRolledRolled--back rateback rate 5.0023 mills5.0023 mills3.05% increase 3.05% increase from rolledfrom rolled--back rateback rateRolledRolled--back rateback rate 5.0023 mills5.0023 millsAttachment number 1 \nPage 13 of 20 Item # 36 Millage RateMillage RateAttachment number 1 \nPage 14 of 20 Item # 36 Full Time EquivalentsFull Time Equivalents1894Attachment number 1 \nPage 15 of 20 Item # 36 Capital ProjectsCapital ProjectsCapital ProjectsCapital ProjectsFire Engine Fire Engine Countryside Fire Station DesignCountryside Fire Station DesignCountryside LibraryCountryside LibraryFire Engine Fire Engine Countryside Fire Station DesignCountryside Fire Station DesignCountryside LibraryCountryside LibraryEastside/SPC LibraryEastside/SPC LibraryTechnology UpgradesTechnology UpgradesEastside/SPC LibraryEastside/SPC LibraryTechnology UpgradesTechnology UpgradesAttachment number 1 \nPage 16 of 20 Item # 36 Utility ProjectsUtility ProjectsUtility ProjectsUtility ProjectsBiosolidsBiosolids TreatmentTreatment 6.8 million6.8 millionNumeric Nutrient Numeric Nutrient BiosolidsBiosolids TreatmentTreatment 6.8 million6.8 millionNumeric Nutrient Numeric Nutrient Numeric Nutrient Numeric Nutrient Compliance Compliance $ 46 million$ 46 millionNumeric Nutrient Numeric Nutrient Compliance Compliance $ 46 million$ 46 millionAttachment number 1 \nPage 17 of 20 Item # 36 Utility Rate IncreasesUtility Rate IncreasesOctober 1, 2013October 1, 2013WATER & SEWERWATER & SEWER 4.5%4.5%SOLID WASTESOLID WASTE 0%0%GASGAS0%0%RECYCLINGRECYCLING 3.5%3.5%STORMWATERSTORMWATER 2.75%2.75%Attachment number 1 \nPage 18 of 20 Item # 36 Public HearingsPublic HearingsPublic HearingsPublic HearingsSeptember September 33September September 33September September 1919September September 1919Attachment number 1 \nPage 19 of 20 Item # 36 PRELIMINARYPRELIMINARYANNUAL OPERATINGANNUAL OPERATING& CAPITAL IMPROVEMENT& CAPITAL IMPROVEMENTBUDGETBUDGET2013/142013/14PRELIMINARYPRELIMINARYANNUAL OPERATINGANNUAL OPERATING& CAPITAL IMPROVEMENT& CAPITAL IMPROVEMENTBUDGETBUDGET2013/142013/142013/142013/142013/142013/14Attachment number 1 \nPage 20 of 20 Item # 36 City Council Agenda Council Chambers - City Hall Meeting Date:7/18/2013 SUBJECT / RECOMMENDATION: Approve an increase in the Capitol Theatre budget (CIP 315-93623) for the construction of the Capitol Theatre in the amount of $500,000 upon receipt of $1,000,000 in State funding via the Cultural Facilities Program; amend the Capitol Theatre Operating Agreement between the City of Clearwater and Ruth Eckerd Hall, Inc. (REH) to reflect the same, upon receipt of $1,000,000 in State funding via the Cultural Facilities Program; and authorize the appropriate officials to execute same. SUMMARY: On September 20, 2012, the City of Clearwater entered into the Capitol Theatre Operating Agreement with Ruth Eckerd Hall, Inc. (REH) to renovate and operate the Capitol Theatre Facility located at 401, 403 and 409 Cleveland Street for a period of 30 years. In the above stated agreement, the City provided funding of the project in the amount not to exceed $7,112,209. The agreement further states, “REH shall be responsible for and shall pay all costs in connection with the Capitol Theatre Project in excess of the amount of the City Funds.” The project is currently under construction, and is estimated to be over budget by $700,000 to $800,000. The exact figure is still to be determined. The City did apply for, was approved and is expected to receive additional funding through the State of Florida in the amount of $1,000,000 through the Cultural Facilities Program, which will require Council approval. REH submitted a letter on July 2, 2013 requesting an additional allocation by the City in the amount of $500,000. The letter also states that REH will fund the balance of the additional costs above the new budget of $7,612,209. All other terms and conditions of the original agreement will remain in full force and effect. Review Approval: Cover Memo Item # 37 [GM12-9216D-016/128836/1] 1 FIRST AMENDMENT TO CAPITOL THEATRE OPERATING AGREEMENT THIS FIRST AMENDMENT TO CAPITOL THEATRE OPERATING AGREEMENT (the “Agreement”), made and entered into this _____ day of ____________, 2013, by and between CITY OF CLEARWATER, a municipal corporation, whose mailing address is: Attn: Rod Irwin, Assistant City Manager, Post Office Box 4748, Clearwater, FL 33758-4748, hereinafter referred to as "City", and Ruth Eckerd Hall, Inc., a Florida not-for-profit corporation, whose mailing address is: Attn: Zev Buffman, 1111 McMullen-Booth Road, Clearwater, FL 33759 hereinafter referred to as "REH"; WHEREAS, the City and REH entered into the Capitol Theatre Operating Agreement dated September 20, 2012; and WHEREAS, the Capitol Theatre Project is experiencing unexpected costs and is anticipated to be $700,000-$800,000 over budget; and WHEREAS, the City has applied for and expects to receive a State Cultural Facilities Grant of $1,000,000 for the Capitol Theatre; and WHEREAS, upon receipt of the State funds by the City, the City agrees to increase the Capitol Theatre Project Budget by $500,000; now, therefore: Section 1. The parties agree to amend the Agreement as follows: 6. Construction, Renovation and Repair of the Capitol Theatre Facility. (e)Cost of Construction. Except as expressly provided otherwise herein, the City will be responsible for and will pay all costs associated with the Capitol Theatre Project and the City Project, not to exceed Seven Million Six Hundred Twelve Thousand Two Hundred Nine and 00/100 Dollars ($7,612,209.00), which includes a $1,000,000 State Cultural Facilities Grant (the “City Funds”). The City Project is anticipated to cost One Hundred Sixty-eight Thousand Dollars ($168,000.00). Any funds not required to pay the costs of the City Project shall be available to pay costs of the Capitol Theatre Project. As the Capitol Theatre Project is underway, the City Funds shall be used to reimburse REH Attachment number 1 \nPage 1 of 3 Item # 37 [GM12-9216D-016/128836/1] 2 for costs of the Capitol Theatre Project and disbursed to REH within seven (7) days after receipt of a written request for draw, which shall be in such form as the City may reasonably require. Each such draw request shall include copies of all invoices and bills and payment verification for the persons providing materials, labor and other services in connection with the work covered by such draw request. REH shall provide the City with lien waivers and releases for all such materials, labor and services being reimbursed with the funds covered by the draw request. Further, prior to disbursing any funds with respect to any draw request, the City shall have the right to require a certificate of the architect stating that the work covered by the draw request has been properly completed in accordance with the Plans and the Permits. The City will obtain builder's risk insurance for the Capitol Theatre Project, the costs of which will be paid from City Funds. REH shall be responsible for and shall pay all costs in connection with the Capitol Theatre Project in excess of the amount of the City Funds. If at any time, due to cost overruns or other reasons, the City determines that the costs of completing the Capitol Theatre Project will exceed the amount of the remaining undisbursed City Funds, then the City shall not be required to make any further disbursements until REH has deposited into an escrow account held by the City an amount equal to the amount of such excess costs. Such amount will be added to and become part of the City Funds, and will be disbursed by the City in the same manner as the City Funds. Section 2. This amendment will become effective upon receipt of the $1,000,000 Cultural Facilities Grant from the State and acceptance by the City Council. [Remainder of page left intentionally blank- signature pages to follow] Attachment number 1 \nPage 2 of 3 Item # 37 [GM12-9216D-016/128836/1] 3 IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed the day and year first above written. RUTH ECKERD HALL, INC., a Florida non-profit corporation ____________________________ By:_____________________________ Witness - Signature Name:__________________________ Title:____________________________ ____________________________ Witness - Print Name Countersigned: CITY OF CLEARWATER, FLORIDA ___________________________ By: __________________________ George N. Cretekos William B. Horne II Mayor City Manager Approved as to form: Attest: ___________________________ ________________________________ Pamela K. Akin Rosemarie Call City Attorney City Clerk Attachment number 1 \nPage 3 of 3 Item # 37 Attachment number 2 \nPage 1 of 8 Item # 37 Attachment number 2 \nPage 2 of 8 Item # 37 Attachment number 2 \nPage 3 of 8 Item # 37 Attachment number 2 \nPage 4 of 8 Item # 37 Attachment number 2 \nPage 5 of 8 Item # 37 Attachment number 2 \nPage 6 of 8 Item # 37 Attachment number 2 \nPage 7 of 8 Item # 37 Attachment number 2 \nPage 8 of 8 Item # 37 City Council Agenda Council Chambers - City Hall Meeting Date:7/18/2013 SUBJECT / RECOMMENDATION: Approve City of Clearwater Vision and Strategic Direction and adopt Resolution 13-20. SUMMARY: Review Approval: Cover Memo Item # 38 LEADERSHIP RESEARCH INSTITUTECity of ClearwaterCity of Clearwater© 2013 Leadership Research Institute, Confidential & ProprietaryCity of ClearwaterCity of ClearwaterStrategic DirectionStrategic DirectionJohn Streitmatter, Principaljohn.streitmatter@lri.comAttachment number 1 \nPage 1 of 2 Item # 38 Diversify the Economic BaseVisionDevelop and Promote our BrandIncrease Economic Opportunity• Develop downtown and US 19 N• Encourage housing that matches community needs – across a range of values•Expand tax base to reduce City of Clearwater – Strategic DirectionThe Mission of the City of Clearwater is to:• Provide cost effective municipal services and infrastructure; and• Facilitate development of the economy;To support a high quality of life and experience.MissionFacilitate Development Strategic DirectionFoster Community EngagementClearwater will be a uniquely beautiful and vibrant community:• that is socially and economically diverse;• that invests for the future; and• that is a wonderful place to live, learn, work, visit, and play.• Foster industry sectors identified in the Economic Development Plan:• Technology District•Medical District• Engage neighborhoods and the business community to:• Create our economic development identity•Communicate that identity • Encourage neighborhood identity programs• Prevent blight and support property values through Code Enforcement2Quality•Expand tax base to reduce reliance on residential taxes• Fulfill Beach By Design• Maintain tourism commitment, including sports tourismFinancial ResponsibilitySafetyEfficiencyDevelopment of the Economy:Provide Cost Effective Municipal Services and Infrastructure:• Optimize use of employees, assets, and resources• Encourage teamwork across departments to ensure focus on Strategic Direction• Access public-private organizations and resources when appropriate• Continue responsible financial management• Evaluate additional funding options when appropriate• Set priorities and spend money aligned with Strategic Direction• Reinforce standing as a safe community, especially with visitors• Continue neighborhood policing• Ensure timely emergency preparation, response, and recovery•Medical District• Continue building a business friendly environment• Recognize the value of transit oriented development•Communicate that identity effectively• Ensure that our residents and visitors are familiar with the whole offering of community amenitiesEnforcement• Preserve community history and culture• Support community events• Support Pinellas County Healthy Communities initiative• Proactively maintain and reinvest in our infrastructure• Continuously measure and improve our performanceAttachment number 1 \nPage 2 of 2 Item # 38 LEADERSHIP RESEARCH INSTITUTECity of ClearwaterCity of Clearwater© 2013 Leadership Research Institute, Confidential & ProprietaryCity of ClearwaterCity of ClearwaterStrategic Direction July 2013Strategic Direction July 2013John Streitmatter, Principaljohn.streitmatter@lri.comAttachment number 2 \nPage 1 of 2 Item # 38 Diversify the Economic BaseVisionEnhance and Promote our BrandIncrease Economic Opportunity• Develop downtown and US 19 N• Encourage housing that matches community needs – across a range of values•Expand tax base to reduce City of Clearwater – Strategic DirectionThe Mission of the City of Clearwater is to:• Provide cost effective municipal services and infrastructure; and• Facilitate development of the economy;To support a high quality of life and experience.MissionFacilitate Development Strategic DirectionFoster Community EngagementClearwater will be a uniquely beautiful and vibrant community:• that is socially and economically diverse;• that invests for the future; and• that is a wonderful place to live, learn, work, visit, and play.• Foster industry sectors identified in the Economic Development Plan:• Technology District•Medical District• Engage neighborhoods and the business community to:• Create our economic development identity•Communicate that identity • Encourage neighborhood identity programs• Prevent blight and support property values through Code Enforcement2Quality•Expand tax base to reduce reliance on residential taxes• Fulfill Beach By Design• Maintain tourism commitment, including sports tourismFinancial ResponsibilitySafetyEfficiencyDevelopment of the Economy:Provide Cost Effective Municipal Services and Infrastructure:• Optimize use of employees, assets, and resources• Encourage teamwork across departments to ensure focus on Strategic Direction• Access public-private organizations and resources when appropriate• Continue responsible financial management• Evaluate additional funding options when appropriate• Set priorities and spend money aligned with Strategic Direction• Reinforce standing as a safe community, especially with visitors• Continue neighborhood policing• Ensure timely emergency preparation, response, and recovery•Medical District• Continue building a business friendly environment• Recognize the value of transit oriented development•Communicate that identity effectively• Ensure that our residents and visitors are familiar with the whole offering of community amenitiesEnforcement• Preserve community history and culture• Support community events• Support Pinellas County Healthy Communities initiative• Proactively maintain and reinvest in our infrastructure• Continuously measure and improve our performanceAttachment number 2 \nPage 2 of 2 Item # 38 Resolution No. 13-20 RESOLUTION NO. 13-20 A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA, APPROVING A STRATEGIC VISION AS DESCRIBED IN EXHIBIT A; PROVIDING AN EFFECTIVE DATE. WHEREAS, in July, 2012 the City Manager and Facilitator John Streitmatter’ presented to the Council an approach to develop the Strategic Direction for the City; and WHEREAS, the Facilitator conducted one on one interviews with Council Members to surface ideas and gather input; and WHEREAS, Council held four working sessions with staff to develop a SWOT Analysis for the City, evaluate existing Vision and Mission, discuss important topics and issues for the future and develop draft Strategic Direction; and WHEREAS, the Council held three public workshops to gather input regarding the draft Strategic Direction, one with the business Community, one with the Neighborhood Leaders, and one with Young Professionals-- approximately 75 people attended in total; and WHEREAS, following the Council sessions and public sessions, the Facilitator and City senior staff had two working sessions and developed recommendations for the Council which were presented at the Worksession of July 15, 2013 and Council meeting of July 18, 2013; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The Strategic Vision as described in Exhibit A is hereby approved. Section 2. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this _______ day of July, 2013. ____________________________ George N. Cretekos Mayor Approved as to form: Attest: __________________________ _____________________________ Pamela K. Akin Rosemarie Call City Attorney City Clerk Attachment number 3 \nPage 1 of 2 Item # 38 Resolution No. 2 Attachment number 3 \nPage 2 of 2 Item # 38 City Council Agenda Council Chambers - City Hall Meeting Date:7/18/2013 SUBJECT / RECOMMENDATION: Centennial Celebration - Gina Dewitt SUMMARY: Review Approval: Cover Memo Item # 39 CLEARWATER CENTENNIAL CELEBRATION2015Attachment number 1 \nPage 1 of 20 Item # 39 COUNCIL PRIORITIESPRIORITIESAttachment number 1 \nPage 2 of 20 Item # 39 One event per month tied into One event per month tied into existing events Attachment number 1 \nPage 3 of 20 Item # 39 Courtney Campbell monument similar to St. Petersburg’s HISTORIC PILLAR AT EAST GATEWAYPetersburg’s on the Howard FranklandAttachment number 1 \nPage 4 of 20 Item # 39 Explore the values of the City of Clearwater over the yearsAttachment number 1 \nPage 5 of 20 Item # 39 CLEARWATER YESTERDAYAttachment number 1 \nPage 6 of 20 Item # 39 TODAYAttachment number 1 \nPage 7 of 20 Item # 39 AND TOMORROWAttachment number 1 \nPage 8 of 20 Item # 39 •Honor former Councilmembers, Managers, and AttorneysPAST LEADERSManagers, and Attorneys•Promote Veterans Day and Memorial DayAttachment number 1 \nPage 9 of 20 Item # 39 •Coffee Table Book•Recipes/Photos/StoriesCommemorative Book•Recipes/Photos/Stories•Sell at cost•Available at Libraries, MSB, City HallAttachment number 1 \nPage 10 of 20 Item # 39 HISTORICAL PLAY OR SHORT FILMSCONTEST•Local Artists•College Art Programs•College Art Programs•High School Art Programs•Production at Capitol TheatreAttachment number 1 \nPage 11 of 20 Item # 39 •City’s Website•Facebook•PinterestSOCIAL MEDIA PRESENCE•Pinterest•Twitter•LinkedInAttachment number 1 \nPage 12 of 20 Item # 39 ONE BIGWEEKEND EVENT FREE OR LOW COST•Concert series in Coachman Park•Include all of the City•Tie in with an existing concert series or new oneAttachment number 1 \nPage 13 of 20 Item # 39 NEIGHBORHOOD BANNERS WITH CENTENNIAL LOGOAttachment number 1 \nPage 14 of 20 Item # 39 •Call to Artists•ContestsNew City SealCentennial Logo and Artwork•Contests•Professionals, Amateurs, and StudentsAttachment number 1 \nPage 15 of 20 Item # 39 PARTNER ORGANIZATIONS•Partner organizations highlight •Partner organizations highlight Centennial in their events and marketingAttachment number 1 \nPage 16 of 20 Item # 39 SUMMARY•Tie in Centennial to monthly events•Weekend celebration•New seal and logo –coordinate with •New seal and logo –coordinate with schools•Artwork – Commission local artist•Coffee table bookAttachment number 1 \nPage 17 of 20 Item # 39 SUMMARY•Monument•Play and/or short films – call to artists, schools••Social Media presence•Neighborhood banners•Coordinate with partners to promote CentennialAttachment number 1 \nPage 18 of 20 Item # 39 RECOMMENDED BUDGET•Not to exceed $150,000 •To be funded from reserves•To be funded from reserves•Includes signage, events, artwork, book•Need to determine cost of monument Attachment number 1 \nPage 19 of 20 Item # 39 CLEARWATER CENTENNIAL CELEBRATION2015Attachment number 1 \nPage 20 of 20 Item # 39 SEAL CITY CL E ARWATE R , FLORIDAOF THE OFESTABLISHED 1 9 1 5 Attachment number 2 \nPage 1 of 1 Item # 39 CITY CLEAR WATER, FL ORIDAOFE STABLISH E D 1915Attachment number 3 \nPage 1 of 1 Item # 39 City Council Agenda Council Chambers - City Hall Meeting Date:7/18/2013 SUBJECT / RECOMMENDATION: Clearwater Marine Aquarium Referendum Ballot Information - Joelle Castelli, Public Communications Director SUMMARY: Review Approval: Cover Memo Item # 40 Make Your Mark and Vote! A special City election will be held Nov. 5, 2013. Clearwater voters are being asked to consider one proposed Charter Amendment. Clearwater Marine Aquarium will reimburse the City for the cost of the special election. The question to appear on the referendum ballot will be as follows: Lease of City Hall Property and Abutting City Property to Clearwater Marine Aquarium Shall the Clearwater City Charter be amended by adding Section 2. 01(d) (8) to allow the City to negotiate and enter into a lease with the Clearwater Marine Aquarium, Inc. for the construction, operation and maintenance of an aquarium on City owned property, located west of Osceola Avenue, east of the unimproved Pierce Boulevard right-of-way, north of Pierce Street and south of Cleveland St., for a 60 year term all as described in Ordinance 8418 -13? Yes _____ No _____ What a “Yes” vote means: The City of Clearwater will be able to negotiate a lease with the Clearwater Marine Aquarium for an initial term of 60 years for redevelopment of the property west of Osceola Avenue, east of the unimproved Pierce Boulevard right-of way, south of Cleveland Street, and north of Pierce Street. This site includes the current Clearwater City Hall. The compensation that the City will receive from the Aquarium will be determined by the City Council and may be less than fair market value. The Aquarium will be able to construct, operate and maintain a new aquarium on the property. The new aquarium will be 250,000 square feet or less and may include: exhibit space including space for traveling exhibits; an animal hospital with surgical suite and medical laboratory; water quality laboratory; classrooms and community rooms; food and catering facilities; theaters; laundry facilities; retail/gift shop; administrative offices; video/film production facilities; mechanical space for things such as a chiller, boiler, power generation; chemical storage rooms for dry and liquid chemicals; life support equipment rooms for filters, pumps, ozonators, backwash recovery systems, water storage; saltwater pumping station; driveways, delivery, and loading and unloading zone, pick-up/drop-off zone; and drainage facilities; and other functions typically associated with an aquarium of similar size. Attachment number 1 \nPage 1 of 2 Item # 40 The City would grant necessary easements for driveways, utilities and salt water intake and discharge as permitted by the appropriate agencies. The City would relocate the existing tennis courts and City Hall to locations to be determined by the City Council. If at any time prior to the start of construction of the new aquarium, Clearwater Marine Aquarium abandons the project or fails to meet material obligations under the lease, or if the City Council does not approve a lease on or before June 15, 2015, the exemptions contained in Section 2.01(d) (8) shall expire and have no further force and effect. What a “No” vote means: The Clearwater Marine Aquarium will not be able to negotiate and enter into a lease with the City of Clearwater, and the proposed new aquarium will not be constructed on the site west of Osceola Avenue, east of the unimproved Pierce Boulevard right-of way, south of Cleveland Street, and north or Pierce Street. For a sample ballot, contact or stop by the Official Records & Legislative Services Department located on the second floor of City Hall at 112 South Osceola Ave. in downtown Clearwater. Their number is (727) 562-4093. To request an absentee ballot, call the Supervisor of Elections at (727) 464-6788. Attachment number 1 \nPage 2 of 2 Item # 40 City Council Agenda Council Chambers - City Hall Meeting Date:7/18/2013 SUBJECT / RECOMMENDATION: Benchmarking and Best Practices - Councilmember Jonson SUMMARY: Review Approval: Cover Memo Item # 41 City of Austin - e AUSTINTEXAS.GOV erformance Measures Page 1 of 1 AIRPORT LIBRARY AUSTIN ENERGY AUSTIN WATER CONVENTION CENTER i VISITORS BUREAU j OPEN GOVERNMENT Dashboard Measures Department Animal Services Austin Energy Austin Energy Austin Public Library Austin Resource Recovery Austin Transportation Austin Water Utility Economic Growth and Redevelopment Services Emergency Medical Services Financial andAdministrative Services Financial and Administrative Services Financial and Administrative Services Financial and Administrative Services Financial and Administrative Services Finandal and Administrative Services Fire Fire Health and Human Services Health and Human Services Neighborhood Housing and Community Development Parks and Recreation Planning and Development Review Performance Measure Percent of animal shelter live outcomes Percentaae of Renewable Energy in Austin Enerav'senergy supply System Average Interruption Frequency Index (SAIFII felectridty outage frequency) Libraryprogram attendance oar capita Percent of waste stream diverted by ARR curbside. reuse, and HHW operations Percent of residents "satisfied" or "very satisfied" with the traffic flow on maior streets prinkina Water Quality: Turbidity Number of new lobs created throuah economic development 9fforts Percent of potentially life- threatening calls responded to in 10 min. (urban) COA Combined Utility System Revenue Bond Rating from Moodv's COA 0.0. Bond Rating from Moody's Combined Utility System Revenue Bond Rating from Fitch Combined Utility System Revenue Bond Rating from S &P G.O. Bond Retina from Fitch Investors G.O. Bond Rating from Standard & Poors Percent of emergency incidents where the amount of time between call receipt and the arrival ofAFD unit is 8minuteg orle Percent of structure fires confined to room oforigin of households that maintain housino or transition into housin Number of client visitsat the Shots forTots Clinics for children ages 0 -18 Total number of households / persons assisted through all service Citizen satisfaction with the appearance ofpark grounds Percent of buildina Inspections performed within 24 hours of request Police Property crime rate per 1 000 population Police Total police response time for EMERGENCY and URGENT calls Police Public Works Violent Crime rate per 1,000 population Percent of lane miles in fairto excellent condition PAY ONLINE CALENDAR MEDIA CENTER FAQ CONTACT US SITE MAP LEGAL NOTICES PRIVACY POLICY 311 http: / /www.austintexas. gov/budget/eperf/ index. cfm? fuseaction= home.dashboardmeasures 7/18/2013 City of Austin - ePerformance Measures Page 1 of 1 AUSTINTEXAS.GOV AIRPORT LIBRARY AUSTIN ENERGY AUSTIN WATER ? CONVENTION CENTER VISITORS BUREAU i OPEN GOVERNMENT Definitions Activity - An activity is defined as a set of services grouped together by common purpose. An activity has a common purpose thatproducesoutputsandresults. This includes services to the public and to customers intemal to the Department. Activity Measures - The measures associated with a departmental activity. Actual - The end -of -year total result of measures performance. Approved Amount - The budgeted expenditures as approved in the current fiscal year. Approved FTE - The number offull -time equivalent employees approved in the current fiscal year. Current Data - Periodic reporting of a measure for the current fiscal year. Ameasure can have a monthly, quarterly or annualreporting frequency. Current Year - The current fiscal yearbeginning on October 1. Dashboard indicatorsor Measures - 21 of the most critical indicators for the City's success. Taken collectively, these indicators provide a tool for quickly assessing how well the City ofAustin is performing inthe areas ofPublic Safety, Community Services, Infrastructure Services, Utilities/Major Business Enterprises, and Economic and Financial Health. Department - A city agency or office that performs a major service to a customer. Examples ofdepartments include: Police, Fire, Animal Services, Aviation, and Human Resources. Department Goals - The measureable objectives that a department expects to achieve within an annual or short-term timeframe. These goals are written so that theyfocus on what customers will get. Department Measures - Measures that have been assigned to the department (as opposed to the activity or program) level. Typically, these are high -level measures that involve many workgroups within the department in order to be successful. Department Mission - The stated purpose of a department. Fiscal Year - The city's business year, usually a 12 -month accounting period that does not necessarily correspond to the calendaryear. The City of Austin'sfiscal yearruns from October 1 through September 30. Key Indicators - Performance measures that best describe the primary functions ofa department. Measure Type - TheCity's performance measurement system uses a family of measures that includes demand, output, results, andefficiencymeasures. Individually these measures provide important information for making management decisions. Together theyprovidetheperformanceinformationessentialtomanageforresultsandmakinggoodbusinessdecisions. Policy and budget dedsions focus primarily on results, while thefull family of measures enables managers to make good management decisions. Following are definitions of performance measures: Demand - The amount of services requested or expected by customers of the activity. Output - Units of services provided, products provided, or people served through the activity; outputs are counts of the goods and services produced or delivered. Result - The impact that an activity or program has on customers, usually expressed as a percentage, (Results measures are also known as outcome measures.) Efficiency - The unit cost of an output or result. Objective - The stated purpose of a departmental program or activity. Operational Measures - Performance measures that are not published in the annual budget document. Typically, operational measures focus on the day -to -day performance of workgroups, while performance measures have appeal to a broader number of interest groups. Performance Measures - The general term forall measures associated with assessing the performance and successof a department. Specifically, Performance Measures are published in the annual budget document. Program - The measures assigned to a departmental program. Typically, these measures would require the efforts of all of the activity workgroupsinorder to be achieved. Program Measures - The measures assigned to a departmental program. Typically, these measures would require theefforts ofall of the activity workgroups in order to be achieved. Quarter - There are four quarters in the City's fiscal year. October through December is the 1st quarter; January through March is the 2nd quarter; April through June is the 3rd quarter and July through September isthe 4th quarter. Result - A result is the impact on the customer. Services - Deliverables made available to the customer. They represent an end product and not a step in the process. Target - The established goal of a measure. PAY ONLINE CALENDAR MEDIA CENTER FAQ CONTACT US SITE MAP LEGAL NOTICES PRIVACY POLICY 311 http:// www .austintexas.gov/budget/eperf/ index. cfm ?fuseaction = home.Definitions 7/18/2013 City of Austin - ePerformance Measures Page 1 of 1 AUSTINTEXAS.GOV AIRPORT LIBRARY AUSTIN ENERGY !, AUSTIN WATER ? CONVENTION CENTER ' VISITORS BUREAU ( OPEN GOVERNMENT Financial and Administrative Services Department Director: Department Website: Department Phone: Program Information Name: Objective: Activity Information Elaine Hart - Chief Financial Officer http://www.austintexas.dovideoartmentffinance 512- 974 -3344 Approved Amount: $ 24,698,548 Approved FTE: 186.50 Approved Amount: $ 919,869 Approved FTE: 6.00 Treasury Office The purpose of the Treasury Office isto provide financial resources to City departments so they can effectively administer their programs. Approved Amount: $ 458,200 Approved FTE: 2.50 Name: Debt Management Objective: The purpose ofthis activity isto providedebt management services toCity departments In order to minimize financing costs. History: This is a core activity as it provides directsupport or critical indirect support for core services. ToidentifyfinancingstrategieswhicharebeneficialtotheCity, while maintaining or improving theCity's bond rating. Personnel must work closely with the City's financial advisor and issuingdepartmentsinordertostructureallfinancingseffectivelyandInconformancewiththeCity's Financial Policies. Services: Coordinate debt issuance, oversee bondholder relations, ensure compliance with bond ordinances as well as state and federal laws. Activity Contact: Belinda Erwin, Assistant City Treasurer, 512-974-7885 Performance Measure Information Name: COA G.O. Bond Ratingfrom Moody's Description: Assigned by independent credit rating agencies, a bond rating is a measure ofa City's ability to repay its debt. Theperformanceofthelocaleconomy, strength of the City's financial and administrative management, and various debtratiosareconsideredwhenassigningarating. The highest debt rating possible is a "Aaa." Type: Result Current Data - Annually 2013 Target 2013 Actuals Aaa No Data History Data FY 2008 Actual FY 2009 Actual FY 2010 Actual FY 2011 Actual FY 2012 Actual FY 2012 Target FY 2013 Target Aa1 Aa1 Aaa Aaa Aaa Aaa Aaa PAY ONLINE CALENDAR MEDIA CENTER FAQ CONTACT US SITE MAP LEGAL NOTICES PRIVACY POLICY 311 httn: / /www.austintexas. sov/budaet/eperf/ index. cfm? fuseaction= home.PerfMeasure &DEP... 7/18/2013 City of Austin - ePerformance Measures Page l of l AUSTINTEXAS.GOV AIRPORT LIBRARY AUSTIN ENERGY ! AUSTIN WATER CONVENTION CENTER VISITORS BUREAU I OPEN GOVERNMENT Public Works Department Director: Howard Lazarus - Director Department Websfe: http:/ M• ww. austintexas .0ov /departmenVpublic-works Department Phone: 512- 974 -7065 Program Information Name: Objective: Activity Information Street Preventive Maintenance Approved Amount: $ 80,108,718 Approved FTE: 464.00 Approved Amount: $ 20,269,933 Approved FTE: 86.00 The purpose of the Street Preventive Maintenance program is to apply preventive maintenance strategies in order to extend the useful life of thestreet Inventory. Approved Amount: $ 1,720,776 Approved FTE: 13.00 Name: Operations Management Objective: The purpose of the Operations Management activity is to provide all management of operations, pavement management, engineering support and administrative support for the PublicWorks Operations group. History: The former Engineering Services Activity is renamed to Operations Managment forFY11. ThechangeisduetoreorganizationofthePublicWorksStreetandBridgeDivision. Services: Personnel and resource management, pavement and badge management Activity Contact: David Magana, Managing Engineer, 512 974 -8777 Performance Measure Information Name: Percentof lane miles in fairto excellentcondition Description: Ratio ofsatisfactory lane miles to thetotal number of lane miles, Type: Result Current Data - Annually 2013 Target 2013 Actual. 81.8 No Data History Data FY 2008 Actual FY 2009 Actual FY 2010 Actual FY 2011 Actual FY 2012 Actual FY 2012 Target FY2013 Target 73.9 74.800 76.1 79 80 75 81.6 PAY ONLINE CALENDAR MEDIA CENTER FAQ CONTACT US SITE MAP LEGAL NOTICES PRIVACY POLICY 311 httn: / /www.austintexas. aov/budeet/enerf/ index. cfm? fuseaction = home.PerfMeasure &DEP... 7/18/2013 4 City of Austin - ePerformance Measures Page 1 of 1 AUSTINTEXAS.GOV AIRPORT LIBRARY AUSTIN ENERGY AUSTIN WATER CONVENTION CENTER VISITORS BUREAU OPEN GOVERNMENT Fire Department Director: Department Weblike: Department Phone: Rhoda Mae Kerr - Fire Chief http://www.austintexas.00videpartmentifire 512- 974 -0130 Approved Amount: $ 148,801,983 Approved FTE: 1,257.00 Performance Measure Information Name: Percentof structure fires confined to room of origin Description: Success of the Fire Department overall in controlling the amount of damage done by structure fires. Defined as thepercentoffiresconfinedeithertotheobjectoforiginorroomoforigin. Structure fires are defined as incidents with theincidenttype100through139thatcanbeclassifiedIntoICMApropertytypes (single family /duplex, apartment, otherresidential, commercial, and industrial structures. Excludes outdoor structures such as bridges and bus stops. Type: Result Current Data • Quarterly 2013 Target 82 History Data Q1 Q2 Q3 82 82 No Data Q4 No Data 2013 Actual* No Data FY 2008 Actual FY 2009Actual FY 2010 Actual FY 2011 Actual FY 2012 Actual FY 2012 Target FY 2013 Target 84 81 82 81 86 82 82 PAY ONLINE CALENDAR MEDIA CENTER FAQ CONTACT US SITE MAP LEGAL NOTICES PRIVACY POLICY 311 httn . / /www. an sti ntex as. aov/budl?et/enerf/ index. cfm ?fuseaction =home. PerfMeasure &DEP... 7/18/2013 City of Austin - ePerformance Measures s , Page 1of1- AUSTINTEXAS.GOV AIRPORT LIBRARY . AUSTIN ENERGY AUSTIN WATER CONVENTION CENTER VISITORS BUREAU OPEN GOVERNMENT Austin Resource Recovery Department Director: Department Webatte: Department Phone: Program Information Name: Objective: Activity Information Robert Gedert - Director http://www.austintexas.00v/deoartment/austin-resource-recovery 512- 974 -1926 Approved Amount: $ 81,946,709 Approved FTE: 408.00 Approved Amount: $ 34,794,800 Approved FTE: 237.75 Collection Services The purpose of the Collection Services program is to provide diversion incentives and waste collection services to ARR Customers, so they can have their waste removed and control their expenses. Approved Amount: $ 14,934,328 Approved FTE: 99.80 Name: Garbage Collection Objective: The purpose of theGarbage Collection activity is to provide a system of collecting garbage that utilizes diversion incentives forARR Customers so that they can have a reliable and efficient system for disposing of their refuse. History: Garbage Collection is a core activity. The legal mandates forthis activity are the TexasConstitutionArticleXI, section 5 and City Code Chapter 12 -3 -21. All residential customers receivegarbagecollectionthroughaservicenamedPay -As-You -Throw (PAYT). PAYTmaximizes diversion of solid waste by providing once -per -week yard waste, once -per -week recycling, and once- per -weekgarbage collection services. The pilot for PAYT was tested from August 1991 to October 1992. Service Implementation began with Phase I in August 1993, Phase IIinJune 1994, Phase III A in November 1995 and Phase III B In June 1996. All customers have converted to PAYT. The City Council adopted residential variable rates inJuly 1997. Residents now payfees calculated according to the size and numberof carts. Services: Residential garbage collection; Commercial garbage collection; In -house garbage collection; Excess garbage collection Activity Contact: Ron Romero, Division Manager, 512-974-4353 Performance Measure Information Name: Percent of waste stream diverted by ARR curbside, reuse, and HHWoperations Description: Percent of materials collectedat the curb by ARR and received at the HHW and RRC sites that are recycled orreused Instead of landfilled Type: Result Current Data - Monthly 2013 Target Oct. Nov. Dec. Jan. Feb. Mar. Apr. May June July Aug. Sept. 2013 Actuals 42.04 37.03 37.56 42.34 39.42 39.38 47.56 45.5 No Data No Data No Data No Data No Data No Data History Data FY 2008 Actual FY2009 Actual FY 2010Actual FY 2011 Actual FY 2012 Actual FY 2012Target FY 2013 Target 30.4 36,09 37.32 38.57 37.86 41.5 42.04 PAY ONLINE CALENDAR MEDIA CENTER FAQ CONTACT US SITE MAP LEGAL NOTICES PRIVACY POLICY 311 htto: / /www.austintexas. aov/budaet/eperf/ index. cfm? fuseaction = home.PerfMeasure &DEP... 7/18/2013 1 City Council Agenda Council Chambers - City Hall Meeting Date:7/18/2013 SUBJECT / RECOMMENDATION: Coastie - Councilmember Hock-DiPolito SUMMARY: Review Approval: Cover Memo Item # 42 COAST GUARD Compass Official Blog of the U.S. Coast Guard Search Results Life of a service dog: Veteran pre - placement training Tuesday, March 19, 2013 Veterans Moving Forward provides veterans with therapy and service dogs. Among the puppies they are raising to help veterans cope with various injuries is an assistance dog in training that is near and dear to our hearts. His name is Nathan, in honor of Petty Officer 3rd Class Nathan Bruckenthal. 356 38 Like 233! Category: Shipmates I 1 Comment and 14 Reactions 456' Life of a service dog: Dogs really can fly! http: / /coastguard.dodlive. mil / ?s= %22Life +of +a +service +dog %22 7/15/2013 Thursday, January 24, 2013 As I grow up I am beginning to learn more about what it takes to be a service dog. A good service doghastobehealthy, happy, confident and steady. Oh, and did I say smart? All ofthese traits are also traits many Coast Guardsmen have. Just as in their training, I am provided all sorts of experiences so I can be prepared. I'd like to think I am "always ready" just like they are! 57 Like 0 Category: Shipmates 16 Comments and 27 Reactions Life of a service dog: My heritage Thursday, November 29, 2012 http: / /coastguard.dodlive. mill ?s= %22Life +of +a +service +dog %22 7/15/2013 Veterans Moving Forward provides veterans with therapy and service dogs and amongst the puppies they are raising to help veterans cope with various injuries is an assistance dog in training that is nearanddeartoourhearts. His name is Nathan, in honor of Petty Officer 3rd Class Nathan Bruckenthal. Compass is sharing Nathan's journey from birth, through his puppy "years" and into his final stages of training in our series "Life ofa service dog." We hope you enjoy Nathan's story as he goes from a clumsy puppy to a focused service animal ready to serve our nation's veterans. Like 91 1049" 14 25 Category: Community 15 Comments and 6 Reactions Life of a service dog: Training time! Wednesday, August 15, 2012 1117j http:// coastguard .dodlive.mil / ?s= %22Life +of +a +service +dog %22 7/15/2013 As a future service dog my training takes many forms. I must understand human words and execute them, I must possess situational awareness so I know what is appropriate and I must have exposure to many types of things and places — as many as my human handler can think of so when I grow up nothing will scare me. If something does startle me I have to learn to recover quickly `cause peopledependonme. Like 1044 56 1291 45, 1289; Category: Community, Shipmates 13 Comments and 0 Reactions Life of a service dog: Meeting the Bruckenthals Thursday, July 5, 2012 http: / /coastguard.dodlive .mill ?s= %22Life +of +a +service +dog %22 7/15/2013 As a young pup I was told a lot about becoming a service dog, even though I really did not know what it all meant. I just figured I would understand someday. For now, I was busy having fun learningaboutallthenewthingsinmylifebutmyhandlerthoughtitwastimeformetolearnalittlemore about my namesake, Petty Officer 3rd Class Nathan "Nate" Bruckenthal. Since I can't read, my handler thought it was best for me to visit Arlington National Cemetery to introduce me to Nate. Like 675 11 280:. 0 Category: Shipmates 19 Comments and 0 Reactions Life of a service dog: The Big Apple Monday, June 11, 2012 1127; http: // coastguard .dodlive.mil / ?s= %22Life +of +a +service +dog %22 7/15/2013 Veterans Moving Forward provides veterans with therapy and service dogs and amongst the puppies they are raising to help veterans cope with various injuries is an assistance dog in training that is nearanddeartoourhearts. His name [...] 528! 16 !25 Like .250; 0 6741 Category: Community, Shipmates 13 Comments and 0 Reactions Life of a service dog: Capitol Hill Tuesday, May 15, 2012 http: // coastguard .dodlive.mil / ?s= %22Life +of +a +service +dog %22 7/15/2013 Veterans Moving Forward provides veterans with therapy and service dogs and amongst the puppies they are raising to help veterans cope with various injuries is an assistance dog in training that is nearanddeartoourhearts. His name [...] 216 9 12 313; Like .192' 0 Category: Community, Shipmates 15 Comments and 0 Reactions Life of a service dog Thursday, May 3, 2012 Petty Officer 3rd Class Nathan Bruckenthal was on a security mission near the Iraqi Khawr Al Amaya Oil Terminal in April 2004 when suicide bombers initiated a waterborne assault. He was severely wounded and later died from his injuries. Bruckenthal [...] 939; 19 147 11205 Like 879 Category: Community, Shipmates 120 Comments and 0 Reactions Search for: Search http: // coastguard .dodlive.mil / ?s= %22Life +of +a +service +dog %22 7/15/2013 N Future service dogs get more room to romp - U.S. - Stripes Home/ News/ U.S. Future service dogs get more room to romp Page 1 of 3 PHOTO GALLERY: The George F. Nussbaum Puppy Enrichment Center Biadverittesitielsi http: / /www. stripes .com /news /us /future- service- dogs -get- more - room -to- romp- 1.208377 7/15/2013 Future service dogs get more room to romp - U.S. - Stripes Page 1 of 1 BROOKEVILLE, Md. — Last fall, Rick Yount and his wife, Molly Morelli, were trying to figure out how to provide better living space for the newest litter of puppies at their home and Warrior Canine Connection headquarters in rural Maryland. Meanwhile, a woman in New Jersey wrote a letter that would lead to Friday's opening of the spacious George F. Nussbaum Puppy Enrichment Center. Alice Belthoff, who followed the growth of last year's litter on the Internet's popular Puppy Cam, contacted Matt Bobbitt, manager of the Home Depot store in Aspen Hill, Md. My wish is that you and Home Depot will consider donating any construction supplies, materials or man hours that would assist them in completing this renovation," she wrote. "I know this is a lot to ask from a stranger, but I believe in the gift ofgiving, and with your help we could give our veterans who have given up everything for us and our country what they truly deserve. I ask you to please consider this proposal with all your heart." What followed was a team effort by Home Depot and a couple dozen ofits employees who converted a Brookeville garage into a place where future militaryservice dogs can frolic indoors in winter, and where the many volunteers who stop by to hug, help care for and be entertained by the furry centers ofattention can move around more freely. Yount's reaction to the effort was "hard to define in words. It was pinching yourself. This has been an initiative based on faith thatthe right things will happen at the right time, and it really solidified that faith that whenever you have a need, there are out there who want to help. like the people at Home Depot. They stepped up and far exceeded anything that we could imagine." Bobbitt "immediately felt like we were compelled to take action ... This was the right thing to do. It was in line with our values as a company. We went to work. We had over 25 Home Depot volunteers and vendors participate in what you see today. Itwas simply amazing." Home Depot, which employs 35,000 veterans, has pledged $80 million to veterans' housing initiatives over five years The crowd at Friday's event spoke to the success of the program, which began about six years ago when Yount, a longtime social worker, noticed that dogs can be a big help to people dealing with trauma. There were mental - health professionals, active -duty servicemembers who have seen the results of service -dog therapy first -hand, and Home Depot employees whose labor made it all possible. And there was the latest group ofpuppies: Five Labrador retrievers from Misty's litter, and one Golden retriever brought in from New Hampshire. Last year's group of six puppies became stars onthe Internet, and a couple of them — much bigger than they were a few months ago — were there on Friday, too. Abby, being trained by Jacob Hershorin before her placement with a Wounded Warrior about a year and a halffrom now, introduced herself to visitors young and old. Hershorin, a psychometrist at the National Intrepid Center of Excellence in Bethesda, Md., reported that training is going well, as did Capt. Lisa Raimondo, who is working with Levi, the only male in last year's litter. You wouldn't have thought that some little bitty Golden retriever could change your life the way he has," Raimondo said. A basic goal ofthe Warrior Canine Connection is to have servicemembers suffering from PTSD train the dogs before they're given permanent homes with Wounded Warriors. Somebody (may be) socially isolated, a little depressed, anxious," said Matt St. Laurent, an occupational therapist at Walter Reed National Military Medical Center. "But you have that dog as your mission, you have to accomplish that mission. The focus is on the animal, kind of Staking you away from your injury. It's a great way to help improve someone's ability to function and get back out into society." As the program grows, the process of preparing the dogs fortheir important roles in the lives of veterans is becoming more scientific. Why do dogs make people feel better? We're looking at the brain chemical oxytocin, which we know goes up when people feel good, and goes up when people interact with animals," said retired Army Col. Elspeth Cameron Ritchie, the chief clinical officer for the District of Columbia's Department of Mental Health. "So we're learning more about the science, as well as learning about the best way to train the animals " Capt. Robert Koffman, the deputy director for clinical operations at NICoE who was honored as the Navy's top psychiatrist in 2008, said he became convinced of canines' therapeutic value during multiple deployments to Iraq. So many servicemembers (downrange) adopted feral animals that the commanding general actually issued General Order No. t: Because ofthe fear ofrabies, no one will have an animal," Koffman recalled. "Well, that didn't stop anyone. I saw more puppies in Alice packs and more feral dogs in tanks. Everywhere you went, people had adopted dogs. Anecdotally, they just seemed to do better. They didn't necessarily need a traveling shrink, they just needed to have a connection with something warm and fuzzy, and something that they could take care of." The puppies' new home was officially named in honor of retired Army Col. George Nussbaum, who passed away last month. Nussbaum, who served inthe Nurse Corps, was a key player in the design of the National Intrepid Center ofExcellence at Walter Reed in Bethesda, Md., and was a strong supporter of using service dogs to help servicemembers deal with combat stress. Nussbaum "had the vision of not only helping Rick establish this facility, but creating a welcome mat for dogs at the NICOE," Koffman said. Dogs have really served servicemembers since the Continental Army, because the bond and the relationship is so strong. As a psychotherapist, I've seen amazing results. This special bond was something Col. Nussbaum understood perhaps better than anybody." http: / /www.stripes.com/ news /us /future - service- dogs -get- more - room -to- romp- 1.208377 7/15/2013