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10/03/2013 City Council Agenda Location: Council Chambers - City Hall Date: 10/3/2013- 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 4.1Pro Bono Week Proclamation - Myriam Irizarry , President of Clearwater Bar Association and Foundation Attachments 4.22013 Fire Prevention Week Proclamation - Chief Strong, Division Chief of Fire Prevention Attachments 4.3Public Natural Gas Week Proclamation - Chuck Warrington, Managing Director - Clearwater Gas System. Attachments 5. Approval of Minutes 5.1Approve the minutes of the September 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 7.1Approve 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 2021 North Betty Lane (Lot 4, Block K, Brooklawn, in Section 3, Township 29 South, Range 15 East); and pass Ordinances 8469-13, 8470-13 and 8471-13 on first reading. (ANX2013-07023) Attachments 7.2Provide direction on the proposed Development Agreement between Enchantment, LLC (the property owner) and the City of Clearwater, providing for the allocation of 92 units from the Hotel Density Reserve under Beach by Design and confirm a second public hearing in City Council Chambers before City Council on October 16, 2013 at 6:00 p.m., or as soon thereafter as may be heard. (HDA2013-08001) Attachments 7.3Amend the Community Development Code to require new members of the Community Development Board, the Code Enforcement Board, and the Building/Flood Board of Adjustment and Appeals to be registered voters, and pass Ordinance 8478-13 on first reading. Attachments 7.4Rescind Ordinance 4663-88, which contained an incorrect legal description; and pass Ordinance 8480-13 on first reading. (VAC2013-05) Attachments 8. Second Readings - Public Hearing 8.1Continue to October 16, 2013: 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 2021 North Betty Lane (Lot 4, Block K, Brooklawn, in Section 3, Township 29 South, Range 15 East); and pass Ordinances 8469-13, 8470-13 and 8471-13 on second reading. (ANX2013-07023) Attachments 8.2Adopt Ordinance 8435-13 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 1569 and 1571 Sunset Point Road from Residential Low (RL) to Residential Urban (RU). Attachments 8.3Adopt Ordinance 8439-13 on second reading, annexing certain real property whose post office address is 1974 North Betty Lane into the corporate limits of the city and redefining the boundary lines of the city to include said addition. Attachments 8.4Adopt Ordinance 8440-13 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 1974 North Betty Lane, upon annexation into the City of Clearwater, as Residential Urban (RU). Attachments 8.5Adopt Ordinance 8441-13 on second reading, amending the Zoning Atlas of the city by zoning certain real property whose post office address is 1974 North Betty Lane, upon annexation into the City of Clearwater, as Low Medium Density Residential (LMDR). Attachments 8.6Adopt Ordinance 8442-13 on second reading, annexing certain real property whose post office address is 2079 Lantana Avenue into the corporate limits of the city and redefining the boundary lines of the city to include said addition. Attachments 8.7Adopt Ordinance 8443-13 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 2079 Lantana Avenue, upon annexation into the City of Clearwater, as Residential Urban (RU). Attachments 8.8Adopt Ordinance 8444-13 on second reading, amending the Zoning Atlas of the city by zoning certain real property whose post office address is 2079 Lantana Avenue, upon annexation into the City of Clearwater, as Low Medium Density Residential (LMDR). Attachments 8.9Adopt Ordinance 8445-13 on second reading, annexing certain real property whose post office address is 1949 Chenango Avenue, together with all right of way of Bertland Way abutting the North half of Lots 24 and 25 and abutting Lots 26 through 32 of Floradel Subdivision, including the intersection of Betty Lane and Bertland Way into the corporate limits of the city and redefining the boundary lines of the city to include said addition. Attachments 8.10Adopt Ordinance 8446-13 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 1949 Chenango Avenue, together with all right of way of Bertland Way abutting the North half of Lots 24 and 25 and abutting Lots 26 through 32 of Floradel Subdivision, including the intersection of Betty Lane and Bertland Way, upon annexation into the City of Clearwater, as Residential Urban (RU). Attachments 8.11Adopt Ordinance 8447-13 on second reading, amending the Zoning Atlas of the city by zoning certain real property whose post office address is 1949 Chenango Avenue, together with all right of way of Bertland Way abutting the North half of Lots 24 and 25 and abutting Lots 26 through 32 of Floradel Subdivision, including the intersection of Betty Lane and Bertland Way, upon annexation into the City of Clearwater, as Low Medium Density Residential (LMDR). Attachments 8.12Adopt Ordinance 8448-13 on second reading, annexing certain real property whose post office address is 1274 Palm Street into the corporate limits of the city and redefining the boundary lines of the city to include said addition. Attachments 8.13Adopt Ordinance 8449-13 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 1274 Palm Street, upon annexation into the City of Clearwater, as Residential Urban (RU). Attachments 8.14Adopt Ordinance 8450-13 on second reading, amending the Zoning Atlas of the city by zoning certain real property whose post office address is 1274 Palm Street, upon annexation into the City of Clearwater, as Low Medium Density Residential (LMDR). Attachments 8.15Adopt Ordinance 8451-13 on second reading, annexing certain real property whose post office address is 1206 Sheridan Road into the corporate limits of the city and redefining the boundary lines of the city to include said addition. Attachments 8.16Adopt Ordinance 8452-13 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 1206 Sheridan Road, upon annexation into the City of Clearwater, as Residential Urban (RU). Attachments 8.17Adopt Ordinance 8453-13 on second reading, amending the Zoning Atlas of the city by zoning certain real property whose post office address is 1206 Sheridan Road, upon annexation into the City of Clearwater, as Low Medium Density Residential (LMDR). Attachments 8.18Adopt Ordinance 8454-13 on second reading, annexing certain real property whose post office address is 1947 Chenango Avenue, together with all right of way of State Street abutting the South half of Lots 24 and 25 and abutting Lots 26 through 32 of Floradel Subdivision including the intersection of Betty Lane and State Street into the corporate limits of the city and redefining the boundary lines of the city to include said addition. Attachments 8.19Adopt Ordinance 8455-13 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 1947 Chenango Avenue, together with all right of way of State Street abutting the South half of Lots 24 and 25 and abutting Lots 26 through 32 of Floradel Subdivision including the intersection of Betty Lane and State Street, upon annexation into the City of Clearwater, as Residential Urban (RU). Attachments 8.20Adopt Ordinance 8456-13 on second reading, amending the Zoning Atlas of the city by zoning certain real property whose post office address is 1947 Chenango Avenue, together with all right of way of State Street abutting the South half of Lots 24 and 25 and abutting Lots 26 through 32 of Floradel Subdivision including the intersection of Betty Lane and State Street, upon annexation into the City of Clearwater, as Low Medium Density Residential (LMDR). Attachments 8.21Adopt Ordinance 8457-13 on second reading, annexing certain real property whose post office address is 1327 State Street, together with all right of way of State Street, formerly platted as Lange Street, abutting Lots 1 through 5 of Lange’s Replat of Brown’s Subdivision into the corporate limits of the city and redefining the boundary lines of the city to include said addition. Attachments 8.22Adopt Ordinance 8458-13 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 1327 State Street, together with all right of way of State Street, formerly platted as Lange Street, abutting Lots 1 through 5 of Lange’s Replat of Brown’s Subdivision, upon annexation into the City of Clearwater, as Residential Urban (RU). Attachments 8.23Adopt Ordinance 8459-13 on second reading, amending the Zoning Atlas of the city by zoning certain real property whose post office address is 1327 State Street, together with all right of way of State Street, formerly platted as Lange Street, abutting Lots 1 through 5 of Lange’s Replat of Brown’s Subdivision, upon annexation into the City of Clearwater, as Low Medium Density Residential (LMDR). Attachments 8.24Adopt Ordinance 8460-13 on second reading, annexing certain real property whose post office address is 2025 Betty Lane into the corporate limits of the city and redefining the boundary lines of the city to include said addition. Attachments 8.25Adopt Ordinance 8461-13 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 2025 Betty Lane, upon annexation into the City of Clearwater, as Residential Urban (RU). Attachments 8.26Adopt Ordinance 8462-13 on second reading, amending the Zoning Atlas of the city by zoning certain real property whose post office address is 2025 Betty Lane, upon annexation into the City of Clearwater, as Low Medium Density Residential (LMDR). Attachments 8.27Adopt Ordinance 8463-13 on second reading, annexing certain real property whose post office address is 1263 Palm Street into the corporate limits of the city and redefining the boundary lines of the city to include said addition. Attachments 8.28Adopt Ordinance 8464-13 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 1263 Palm Street, upon annexation into the City of Clearwater, as Residential Urban (RU). Attachments 8.29Adopt Ordinance 8465-13 on second reading, amending the Zoning Atlas of the city by zoning certain real property whose post office address is 1263 Palm Street, upon annexation into the City of Clearwater, as Low Medium Density Residential (LMDR). Attachments 8.30Adopt Ordinance 8466-13 on second reading, annexing certain real property whose post office address is 1256 Sedeeva Circle North, together with the abutting right of way of Sedeeva Circle North into the corporate limits of the city and redefining the boundary lines of the city to include said addition. Attachments 8.31Adopt Ordinance 8467-13 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 1256 Sedeeva Circle North, together with the abutting right of way of Sedeeva Circle North, upon annexation into the City of Clearwater, as Residential Urban (RU). Attachments 8.32Adopt Ordinance 8468-13 on second reading, amending the Zoning Atlas of the city by zoning certain real property whose post office address is 1256 Sedeeva Circle North, together with the abutting right of way of Sedeeva Circle North, upon annexation into the City of Clearwater, as Low Medium Density Residential (LMDR). Attachments 8.33Adopt Ordinance 8472-13 on second reading, annexing certain real property whose post office address is 1221 Palm Street into the corporate limits of the city and redefining the boundary lines of the city to include said addition. Attachments 8.34Adopt Ordinance 8473-13 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 1221 Palm Street, upon annexation into the City of Clearwater, as Residential Urban (RU). Attachments 8.35Adopt Ordinance 8474-13 on second reading, amending the Zoning Atlas of the city by zoning certain real property whose post office address is 1221 Palm Street, upon annexation into the City of Clearwater, as Low Medium Density Residential (LMDR). Attachments 8.36Adopt Ordinance 8483-13 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, Stormwater Fund, Gas Fund, Solid Waste Fund, Recycling Fund, Parking Fund, Harborview Center Fund, and Administrative Services Fund. Attachments 8.37Adopt Ordinance 8484-13 on second reading, amending the Capital Improvement Budget for the Fiscal Year ending September 30, 2013, to reflect a net decrease of $27,281,542. Attachments City Manager Reports 9. Consent Agenda 9.1Approve settlement of the liability claim of Mr. James Braun for payment of $87,500.00 and authorize the appropriate officials to execute same. (consent) Attachments 9.2Award a contract (Purchase Order) to Oracle America, Inc., Redwood Shores, California for the period of October 1, 2013 to September 30, 2014 for software maintenance at a cost not to exceed $246,950, in accordance with Sec. 2.564 (1)(b), Code of Ordinances, sole source, and authorize the appropriate officials to execute same (consent) Attachments 9.3Award a contract (Purchase Order) to Verizon, Florida, Inc., St. Petersburg, Florida for telephone service including frame relay service, T1's, credit/collect calls, backup trunks, VADI circuits, and DSL high bandwidth services during the period of October 1, 2013 to September 30, 2014 at a cost not to exceed $230,825, in accordance with Sec. 2.564 (1)(e) Code of Ordinances, impractical to bid, and authorize the appropriate officials to execute same. (consent) Attachments 9.4Award a contract (purchase order) to Verizon Wireless for basic cellular/smart phones and mobile data services for the period of November 1, 2013 to October 31, 2014 in an amount not to exceed $337,945 in accordance with Sec 2.564 (1)(b), Code of Ordinances, under State Contract DMS-1011-008C. (consent) Attachments 9.5Award contracts (Blanket Purchase Orders) to Baker and Taylor, Atlanta, GA - $235,000; Ingram Library Services, Atlanta, GA - $150,000; and Midwest Tape, Holland, OH - $55,000 for the purchase of library books and other materials for the contract period of October 1, 2013 through September 30, 2014, and authorize the appropriate officials to execute same. (consent) Attachments 9.6Provide Landlord consent for the Collateral Assignment of Lease between Marina Cantina, LLC and USAmeribank for the rights and benefits associated with the rental space agreement in the Clearwater Beach Marina at 25 Causeway Boulevard and authorize the appropriate officials to execute same. (consent) Attachments 9.7Approve establishing a new Capital Improvement Project entitled Bright House Field Repairs (CIP 315- 93640) for $241,272, to be funded from unappropriated retained Earnings, for phased structural caulking and concrete repairs needed throughout Bright House Stadium; award a contract (purchase order) to Complete Property Services Inc. (CPS), of Oldsmar Florida, Bid 25-13, for $475,371 to perform the necessary caulking and concrete repairs; and approve a change order deduct in the amount of $234,099, for a net contract amount including 10% contingency of $241,272. (consent) Attachments 9.8Approve the renewal of a Software Support Agreement for the TriTech System, in the amount of $165,294.93, for a 12-month period beginning October 1, 2013 and ending September 30, 2014, and authorize the appropriate officials to execute same. (consent) Attachments 9.9Award a construction contract to TLC Diversified of Palmetto, FL, for the Marshall Street Water Reclamation Facility Chlorine Contact Chamber Improvements Project (12-0007-UT) in the amount of $467,775, which is the lowest responsible bid received in accordance with plans and specifications; approve a supplemental work order to Jones Edmunds in the amount of $84,900 for additional design and engineering services during construction and authorize the appropriate officials to execute same. (consent) Attachments 9.10Approve a License Agreement between the City of Clearwater and 600 Cleveland LLC, the new owner of the property known as the Bank of America Tower, authorizing City use of a surface parking lot owned by 600 Cleveland LLC and located at 24 N. Garden Avenue for retail parking evenings and weekends; authorize certain capital expenditures required for the use, and authorize the appropriate officials to execute same. (consent) Attachments 9.11Reappoint Sue A. Johnson and Duane Schultz to the Municipal Code Enforcement Board with terms expiring October 31, 2016. (consent) Attachments 10. Other Items on City Manager Reports 10.1Endorse the application for Project Woodstork and commit the City of Clearwater to provide local financial support (Local Match) of 10% of the eligible tax refund upon certification by State of Florida Department of Economic Opportunity (DEO) and adopt Resolution 13-26. Attachments Miscellaneous Reports and Items 11. City Manager Verbal Reports 11.1City Manager Verbal Reports Attachments 12. Closing Comments by Mayor 13. Adjourn City Council Agenda Council Chambers - City Hall Meeting Date:10/3/2013 SUBJECT / RECOMMENDATION: Pro Bono Week Proclamation - Myriam Irizarry , President of Clearwater Bar Association and Foundation SUMMARY: Review Approval: Cover Memo Item # 1 City Council Agenda Council Chambers - City Hall Meeting Date:10/3/2013 SUBJECT / RECOMMENDATION: 2013 Fire Prevention Week Proclamation - Chief Strong, Division Chief of Fire Prevention SUMMARY: Review Approval: Cover Memo Item # 2 City Council Agenda Council Chambers - City Hall Meeting Date:10/3/2013 SUBJECT / RECOMMENDATION: Public Natural Gas Week Proclamation - Chuck Warrington, Managing Director - Clearwater Gas System. SUMMARY: Review Approval: Cover Memo Item # 3 City Council Agenda Council Chambers - City Hall Meeting Date:10/3/2013 SUBJECT / RECOMMENDATION: Approve the minutes of the September 19, 2013 City Council Meeting as submitted in written summation by the City Clerk. SUMMARY: Review Approval: Cover Memo Item # 4 Council 2013-09-19 1 CITY COUNCIL MEETING MINUTES CITY OF CLEARWATER September 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 S. Silverboard - Assistant City Manager, Rod Irwin - Assistant City Manager, Pamela K. Akin - City Attorney, Rosemarie Call - City Clerk, and Nicole Sprague - Official Records and Legislative Services Coordinator. To provide continuity for research, items are listed in agenda order although not necessarily discussed in that order. Unapproved 1. Call to Order - Mayor George N. Cretekos The meeting was called to order at 6:00 p.m. at City Hall. 2. Invocation - Rev. Tamara Isadore from Friendship United Methodist Church 3. Pledge of Allegiance - Vice Mayor Paul Gibson 4. Presentations - Given. 4.1 Service Awards One service award was presented to a city employee. 4.2 Hispanic Heritage Month Proclamation, September 15, 2013 through October 15, 2013 - Maria Edmonds and Sandra Lythe, InterCultural Advocacy Institute 4.3 FFEA SunSational Awards - Brian Craig, Events and Athletics Coordinator Mr. Craig said the City’s Sea Blues poster and Fun n Sun photo received top honors in their respective categories. He presented Council with a signed commemorative Sea Blues poster. Draft Attachment number 1 \nPage 1 of 42 Item # 4 Council 2013-09-19 2 4.4 Sugar Sand Festival - Lisa Chandler Ms. Chandler provided a recap on the inaugural Sugar Sand Festival and thanked the City for their support. Next year’s event will be held April 4 -13, 2014. She presented Council with a commemorative book. 5. Approval of Minutes 5.1 Approve the minutes of the September 3, 2013 Special City Council Meeting and the September 5, 2013 City Council Meeting as submitted in written summation by the City Clerk. Councilmember Bill Jonson moved to approve the minutes of the September 3, 2013 Special City Council Meeting as submitted in written summation by the City Clerk. The motion was duly seconded and carried unanimously. Councilmember Doreen Hock-DiPolito moved to approve the minutes of the September 5, 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 Tom Rask said there is a misspelling contained in the Memorandum of Understanding with the Clearwater Marine Aquarium and expressed concerns with the City’s potential financial risk associated with the proposed project. Elizabeth Makowski opposed the requirement for a $40 monthly beach parking permit for beach employees, expressed concerns that the permit does not guarantee a parking space for all permit holders, and requested that the permits be more affordable Public Hearings - Not before 6:00 PM 7. Administrative Public Hearings 7.1 Adopt Ordinance 8475-13 on second reading, declaring the millage rate to be levied for the Fiscal Year beginning October 1, 2013 and ending September 30, 2014, for operating purposes including the funding of pensions, debt service, and road maintenance for capital improvement expenditures at 5.1550 mills, which is a 3.05% increase from the rolled back rate of 5.0023 mills. Budget Director Tina Wilson provided a PowerPoint presentation. Draft Attachment number 1 \nPage 2 of 42 Item # 4 Council 2013-09-19 3 Ordinance 8475-13 was presented and read in full. Vice Mayor Paul Gibson moved to adopt Ordinance 8475-13 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, Councilmember Jay E. Polglaze "Nays": None 7.2 Adopt Ordinance 8476-13 on second reading, adopting an Operating Budget for the Fiscal Year beginning October 1, 2013 and ending September 30, 2014, authorizing the City Manager to issue such instructions that are necessary to achieve and accomplish the service programs so authorized; authorizing the City Manager to transfer monies and programs among the departments and activities within any fund as provided by Chapter 2 of the Clearwater Code of Ordinances. Ordinance 8476-13 was presented and read by title only. Councilmember Bill Jonson moved to adopt Ordinance 8476-13 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, Councilmember Jay E. Polglaze "Nays": None 7.3 Adopt Ordinance 8477-13 on second reading, adopting the Capital Improvement Program Budget for the Fiscal Year beginning October 1, 2013 and ending September 30, 2014, approving the Six-Year Capital Improvement Program which shall be reevaluated at the beginning of each fiscal year; authorizing the City Manager to issue such instructions that are necessary to achieve and accomplish the capital improvements so authorized; authorizing the City Manager to transfer money between projects in the Capital Improvement Program; appropriating the available and anticipated resources for the projects identified. The Capital Improvement Program Ordinance 8477-13, Exhibit B was amended by the Council at first reading to include a project in the Capital Improvement Plan in fiscal year 2015/16 to be entitled “Undesignated Future Penny Projects”; in the amount of $6,750,000.This change has been made to the category of Miscellaneous on Exhibit B in fiscal year 2015/16. This increases the amount in Draft Attachment number 1 \nPage 3 of 42 Item # 4 Council 2013-09-19 4 that fiscal year from $675,000 to $7,425,000. This also increases the Total on that same line from $4,580,000 to $11,330,000. The Total Six-Year Plan is now budgeted at $360,128,810. Ordinance 8477-13 was presented and read by title only. Councilmember Doreen Hock-DiPolito moved to adopt Ordinance 8477-13 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, Councilmember Jay E. Polglaze "Nays": None 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 1947 Chenango Avenue (South of Lots 24 and 25, Floradel Subdivision, in Section 3, Township 29 South, Range 15 East); and pass Ordinances 8454-13, 8455-13 and 8456-13 on first reading. (ANX2013- 06012) This voluntary annexation petition involves a 0.142-acre property consisting of one parcel of land occupied by a single-family dwelling. It is located on the north east corner of Chenango Avenue and State 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. The Planning and Development Department is requesting that the 0.671-acres of State Street right-of-way abutting the property and extending east to the intersection of North Betty Lane and State Street not currently within the city limits also be annexed. 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 Draft Attachment number 1 \nPage 4 of 42 Item # 4 Council 2013-09-19 5 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 east; therefore, the annexation is consistent with Florida Statutes Chapter 171.044. Councilmember Jay Polglaze 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 1947 Chenango Avenue (South of Lots 24 and 25, Floradel Subdivision, in Section 3, Township 29 South, Range 15 East). The motion was duly seconded and carried unanimously. Ordinance 8454-13 was presented and read by title only. Vice Mayor Paul Gibson moved to pass Ordinance 8454-13 on first reading. The motion was duly seconded and upon roll call, the vote was: Draft Attachment number 1 \nPage 5 of 42 Item # 4 Council 2013-09-19 6 "Ayes": Mayor George N. Cretekos, Vice Mayor Paul Gibson, Councilmember Doreen Hock-DiPolito, Councilmember Bill Jonson, Councilmember Jay E. Polglaze "Nays": None Ordinance 8455-13 was presented and read by title only. Councilmember Bill Jonson moved to pass Ordinance 8455-13 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, Councilmember Jay E. Polglaze "Nays": None Ordinance 8456-13 was presented and read by title only. Councilmember Doreen Hock-DiPolito moved to pass Ordinance 8456-13 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, 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 1974 North Betty Lane (Lot 34, Floradel Subdivision, in Section 3, Township 29 South, Range 15 East); and pass Ordinances 8439-13, 8440-13 and 8441-13 on first reading. (ANX2013-06013) This voluntary annexation petition involves a 0.117-acre property consisting of one parcel of land occupied by a single-family dwelling. It is located on the west side of North Betty Lane approximately 51 feet north of Bertland Way. 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. 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). Draft Attachment number 1 \nPage 6 of 42 Item # 4 Council 2013-09-19 7 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 east; therefore, the annexation is consistent with Florida Statutes Chapter 171.044. Draft Attachment number 1 \nPage 7 of 42 Item # 4 Council 2013-09-19 8 Councilmember Jay Polglaze 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 1974 North Betty Lane (Lot 34, Floradel Subdivision, in Section 3, Township 29 South, Range 15 East). The motion was duly seconded and carried unanimously. Ordinance 8439-13 was presented and read by title only. Vice Mayor Paul Gibson moved to pass Ordinance 8439-13 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, Councilmember Jay E. Polglaze "Nays": None Ordinance 8440-13 was presented and read by title only. Councilmember Bill Jonson moved to pass Ordinance 8440-13 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, Councilmember Jay E. Polglaze "Nays": None Ordinance 8441-13 was presented and read by title only. Councilmember Doreen Hock-DiPolito moved to pass Ordinance 8441-13 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, Councilmember Jay E. Polglaze "Nays": None 7.6 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 1949 Chenango Avenue (North of Lots 24 and 25, Floradel Subdivision, in Section 3, Township 29 South, Range 15 East); and pass Ordinances 8445-13, 8446-13 and 8447-13 on first reading. (ANX2013- 06014) Draft Attachment number 1 \nPage 8 of 42 Item # 4 Council 2013-09-19 9 This voluntary annexation petition involves a 0.145-acre property consisting of one parcel of land occupied by a single-family dwelling. It is located on the southeast corner of Chenango Avenue and Bertland Way. 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. The Planning and Development Department is requesting that the 0.825-acres of Bertland Way right-of-way abutting the property and extending east to the intersection of North Betty Lane and Bertland Way not currently within the city limits also be annexed. 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 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. Draft Attachment number 1 \nPage 9 of 42 Item # 4 Council 2013-09-19 10 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; therefore, the annexation is consistent with Florida Statutes Chapter 171.044. Councilmember Doreen Hock-DiPolito 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 1949 Chenango Avenue (North of Lots 24 and 25, Floradel Subdivision, in Section 3, Township 29 South, Range 15 East). The motion was duly seconded and carried unanimously. Ordinance 8445-13 was presented and read by title only. Councilmember Doreen Hock-DiPolito moved to pass Ordinance 8445-13 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, Councilmember Jay E. Polglaze "Nays": None Ordinance 8446-13 was presented and read by title only. Councilmember Jay Polglaze moved to pass Ordinance 8446-13 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, Councilmember Jay E. Polglaze "Nays": None Ordinance 8447-13 was presented and read by title only. Vice Mayor Paul Gibson moved to pass Ordinance 8447-13 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, Councilmember Jay E. Draft Attachment number 1 \nPage 10 of 42 Item # 4 Council 2013-09-19 11 Polglaze "Nays": None 7.7 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 2079 Lantana Avenue (Lot 10, Block D, Brooklawn, in Section 3, Township 29 South, Range 15 East); and pass Ordinances 8442-13, 8443-13 and 8444-13 on first reading. (ANX2013-06015) 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 east side of Lantana Avenue approximately 114 feet south of Union 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. 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 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. Draft Attachment number 1 \nPage 11 of 42 Item # 4 Council 2013-09-19 12 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 east; 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 2079 Lantana Avenue (Lot 10, Block D, Brooklawn, in Section 3, Township 29 South, Range 15 East). The motion was duly seconded and carried unanimously. Ordinance 8442-13 was presented and read by title only. Councilmember Doreen Hock-DiPolito moved to approve Ordinance 8442-13 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, Councilmember Jay E. Polglaze "Nays": None Ordinance 8443-13 was presented and read by title only. Councilmember Jay E. Polglaze moved to approve Ordinance 8443-13 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, Councilmember Jay E. Polglaze "Nays": None Draft Attachment number 1 \nPage 12 of 42 Item # 4 Council 2013-09-19 13 Ordinance 8444-13 was presented and read by title only. Vice Mayor Paul Gibson moved to approve Ordinance 8444-13 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, Councilmember Jay E. Polglaze "Nays": None 7.8 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 1274 Palm Street (Lot 10, Knights Acres, in Section 3, Township 29 South, Range 15 East); and pass Ordinances 8448-13, 8449-13 and 8450-13 on first reading. (ANX2013-06016) 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 153 feet west of North 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). 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 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 Draft Attachment number 1 \nPage 13 of 42 Item # 4 Council 2013-09-19 14 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. 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 1274 Palm Street (Lot 10, Knights Acres, in Section 3, Township 29 South, Range 15 East). The motion was duly seconded and carried unanimously. Ordinance 8448-13 was presented and read by title only. Councilmember Doreen Hock-DiPolito moved to pass Ordinance 8448-13 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, Councilmember Jay E. Polglaze "Nays": None Draft Attachment number 1 \nPage 14 of 42 Item # 4 Council 2013-09-19 15 Ordinance 8449-13 was presented and read by title only. Councilmember Jay E. Polglaze moved to pass Ordinance 8449-13 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, Councilmember Jay E. Polglaze "Nays": None Ordinance 8450-13 was presented and read by title only. Vice Mayor Paul Gibson moved to pass Ordinance 8450-13 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, Councilmember Jay E. Polglaze "Nays": None 7.9 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 1206 Sheridan Road (Lot 3, Block 2, Sunset Knoll, in Section 3, Township 29 South, Range 15 East); and pass Ordinances 8451-13, 8452-13 and 8453-13 on first reading. (ANX2013-06017) This voluntary annexation petition involves a 0.176-acre property consisting of one parcel of land occupied by a single-family dwelling. It is located on the north side of Sheridan Road approximately 136 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 west. 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 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 Draft Attachment number 1 \nPage 15 of 42 Item # 4 Council 2013-09-19 16 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 west; 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 1206 Sheridan Road (Lot 3, Block 2, Sunset Knoll, in Section 3, Township 29 South, Range 15 East). The motion was duly seconded and carried unanimously. Draft Attachment number 1 \nPage 16 of 42 Item # 4 Council 2013-09-19 17 Ordinance 8451-13 was presented and read by title only. Councilmember Doreen Hock-DiPolito moved to pass Ordinance 8451-13 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, Councilmember Jay E. Polglaze "Nays": None Ordinance 8452-13 was presented and read by title only. Councilmember Jay Polglaze moved to pass Ordinance 8452-13 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, Councilmember Jay E. Polglaze "Nays": None Ordinance 8453-13 was presented and read by title only. Vice Mayor Paul Gibson moved to pass Ordinance 8453-13 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, Councilmember Jay E. Polglaze "Nays": None 7.10 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 1327 State Street (Lots 2 and 3, Lange’s Replat of Browns Subdivision, in Section 3, Township 29 South, Range 15 East); and pass Ordinances 8457-13, 8458-13 and 8459-13 on first reading. (ANX2013- 06018) This voluntary annexation petition involves a 0.316-acre property consisting of one parcel of land occupied by a single-family dwelling. It is located on the south side of State Street approximately 68 feet east of North 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 north and west. The Planning and Development Draft Attachment number 1 \nPage 17 of 42 Item # 4 Council 2013-09-19 18 Department is requesting that the 0.269-acres of State Street right-of-way extending east of the intersection of North Betty Lane and State Street not currently within the city limits also be annexed. 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 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 Draft Attachment number 1 \nPage 18 of 42 Item # 4 Council 2013-09-19 19 The property proposed for annexation is contiguous to existing City boundaries to the north and west; therefore, the annexation is consistent with Florida Statutes Chapter 171.044. In response to questions, Planning and Development Director Michael Delk said street maintenance becomes the City’s responsibility upon annexation, which is incorporated into the City’s capital improvement plan. 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 1327 State Street (Lots 2 and 3, Lange’s Replat of Browns Subdivision, in Section 3, Township 29 South, Range 15 East). The motion was duly seconded and carried unanimously. Ordinance 8457-13 was presented and read by title only. Councilmember Doreen Hock-DiPolito moved to pass Ordinance 8457-13 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, Councilmember Jay E. Polglaze "Nays": None Ordinance 8458-13 was presented and read by title only. Councilmember Jay E. Polglaze moved to pass Ordinance 8458-13 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, Councilmember Jay E. Polglaze "Nays": None Ordinance 8459-13 was presented and read by title only. Vice Mayor Paul Gibson moved to pass Ordinance 8459-13 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, Councilmember Jay E. Polglaze "Nays": None Draft Attachment number 1 \nPage 19 of 42 Item # 4 Council 2013-09-19 20 7.11 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 2025 North Betty Lane (Lot 3, Block K, Brooklawn, in Section 3, Township 29 South, Range 15 East); and pass Ordinances 8460-13, 8461-13 and 8462-13 on first reading. (ANX2013-06019) This voluntary annexation petition involves a 0.116-acre property consisting of one parcel of land occupied by a single-family dwelling. It is located on the east side of North Betty Lane approximately 100 feet south of Idlewild Drive. 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 and west. 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 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. Draft Attachment number 1 \nPage 20 of 42 Item # 4 Council 2013-09-19 21 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 and west; 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 2025 North Betty Lane (Lot 3, Block K, Brooklawn, in Section 3, Township 29 South, Range 15 East). The motion was duly seconded and carried unanimously. Ordinance 8460-13 was presented and read by title only. Councilmember Doreen Hock-DiPolito moved to approve Ordinance 8460-13 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, Councilmember Jay E. Polglaze "Nays": None Ordinance 8461-13 was presented and read by title only. Councilmember Jay E. Polglaze moved to pass Ordinance 8461-13 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, Councilmember Jay E. Polglaze "Nays": None Ordinance 8462-13 was presented and read by title only. Vice Mayor Paul Gibson moved to pass Ordinance 8462-13 on first reading. The motion was duly seconded and upon roll call, the vote was: Draft Attachment number 1 \nPage 21 of 42 Item # 4 Council 2013-09-19 22 "Ayes": Mayor George N. Cretekos, Vice Mayor Paul Gibson, Councilmember Doreen Hock-DiPolito, Councilmember Bill Jonson, Councilmember Jay E. Polglaze "Nays": None 7.12 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 1256 Sedeeva Circle North (Lot 13, Floradel Subdivision, in Section 3, Township 29 South, Range 15 East); and pass Ordinances 8466-13, 8467-13 and 8468-13 on first reading. (ANX2013-06020) This voluntary annexation petition involves a 0.135-acre property consisting of one parcel of land occupied by a single-family dwelling. It is located on the north side of Sedeeva Circle North approximately 400 feet west of North 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 north and west. The Planning and Development Department is requesting that the 0.061-acres of abutting Sedeeva Circle North right-of-way not currently within the city limits also be annexed. 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 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: Draft Attachment number 1 \nPage 22 of 42 Item # 4 Council 2013-09-19 23 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. The lot width is consistent with the range allowed through the Flexible Development standards, and the property exceeds the district’s minimum lot size 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 west; 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 1256 Sedeeva Circle North (Lot 13, Floradel Subdivision, in Section 3, Township 29 South, Range 15 East). The motion was duly seconded and carried unanimously. Ordinance 8466-13 was presented and read by title only. Councilmember Doreen Hock-DiPolito moved to pass Ordinance 8466-13 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, Councilmember Jay E. Polglaze "Nays": None Draft Attachment number 1 \nPage 23 of 42 Item # 4 Council 2013-09-19 24 Ordinance 8467-13 was presented and read by title only. Councilmember Jay E. Polglaze moved to pass Ordinance 8467-13 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, Councilmember Jay E. Polglaze "Nays": None Ordinance 8468-13 was presented and read by title only. Vice Mayor Paul Gibson moved to pass Ordinance 8468-13 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, Councilmember Jay E. Polglaze "Nays": None 7.13 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 1221 Palm Street (East 40 feet of Lot 11, and the West 30 feet of Lot 12, Block B, CLEARDUN); and pass Ordinances 8472-13, 8473-13 and 8474-13 on first reading. (ANX2013-06021) This voluntary annexation petition involves a 0.165-acre property consisting of one parcel of land occupied by a single-family dwelling. It is located on the south side of Palm Street approximately 335 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 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 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 Draft Attachment number 1 \nPage 24 of 42 Item # 4 Council 2013-09-19 25 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 east and south; 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 1221 Palm Street (East 40 feet of Lot 11, and the West 30 feet of Lot 12, Block B, CLEARDUN). The motion was duly seconded and carried unanimously. Ordinance 8472-13 was presented and read by title only. Councilmember Doreen Hock-DiPolito moved to pass Ordinance 8472-13 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 Draft Attachment number 1 \nPage 25 of 42 Item # 4 Council 2013-09-19 26 Doreen Hock-DiPolito, Councilmember Bill Jonson, Councilmember Jay E. Polglaze "Nays": None Ordinance 8473-13 was presented and read by title only. Councilmember Jay Polglaze moved to pass Ordinance 8473-13 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, Councilmember Jay E. Polglaze "Nays": None Ordinance 8474-13 was presented and read by title only. Vice Mayor Paul Gibson moved to pass Ordinance 8474-13 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, Councilmember Jay E. Polglaze "Nays": None 7.14 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 1263 Palm Street (Lot 22, Block B, Cleardun, in Section 3, Township 29 South, Range 15 East); and pass Ordinances 8463-13, 8464-13 and 8465-13 on first reading. (ANX2013-07022) This voluntary annexation petition involves a 0.141-acre property consisting of one parcel of land occupied by a single-family dwelling. It is located on the south side of Palm Street approximately 305 feet west of North 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 north, south, east, and west. 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). Draft Attachment number 1 \nPage 26 of 42 Item # 4 Council 2013-09-19 27 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 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 north, south, east, and west; therefore, the annexation is consistent with Florida Statutes Chapter 171.044. Draft Attachment number 1 \nPage 27 of 42 Item # 4 Council 2013-09-19 28 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 1263 Palm Street (Lot 22, Block B, Cleardun, in Section 3, Township 29 South, Range 15 East). The motion was duly seconded and carried unanimously. Councilmember Doreen Hock-DiPolito moved to pass Ordinance 8463-13 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, Councilmember Jay E. Polglaze "Nays": None Councilmember Jay E. Polglaze moved to approve Ordinance 8464-13 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, Councilmember Jay E. Polglaze "Nays": None Vice Mayor Paul Gibson moved to pass Ordinance 8465-13 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, Councilmember Jay E. Polglaze "Nays": None 7.15 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 2021 North Betty Lane (Lot 4, Block K, Brooklawn, in Section 3, Township 29 South, Range 15 East); and pass Ordinances 8469-13, 8470-13 and 8471-13 on first reading. (ANX2013-07023) This voluntary annexation petition involves a 0.116-acre property consisting of one parcel of land occupied by a single-family dwelling. It is located on the east side of North Betty Lane approximately 150 feet south of Idlewild Drive. The applicant is requesting annexation in order to receive solid waste service from the Draft Attachment number 1 \nPage 28 of 42 Item # 4 Council 2013-09-19 29 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 west. 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 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 Draft Attachment number 1 \nPage 29 of 42 Item # 4 Council 2013-09-19 30 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. Jeffrey Snowball, Petitioner, said he no longer wishes to be annexed into city limits. In response to questions, Planning and Development Michael Delk said the City is the primary urban service provider for the area. The subject property is located within the City’s annexation service area. The proposed annexation is a petition in anticipation of the upcoming sewer project. If the property is not annexed, the property owner would bear the cost to hook to up to the city sewer plus a 20% premium for not being within the city. Mr. Snowball said he contacted Planner Lauren Matzke regarding a payment plan but had not received a response. It was suggested that the agenda item be continued in order to follow up with staff. Councilmember Jay Polglaze moved to continue Item 7.15 to October 3, 2013. The motion was duly seconded and carried unanimously. 7.16 Approve a Future Land Use Map Amendment from the Residential Low (RL) classification to the Residential Urban (RU) classification for property located at 1569 and 1571 Sunset Point Road, approximately 0.24 miles east of the intersection of Sunset Point Road and N. Highland Avenue (consisting of Lot 1, Block A, Clearwater Highlands, Unit A); and pass Ordinance 8435-13 on first reading. (LUP2013-06003) This future land use map amendment application involves a 0.37-acre property located at 1569 and 1571 Sunset Point Road, which is approximately 0.24 miles east of the intersection of Sunset Point Road and N. Highland Avenue. The property is comprised of two parcels, which are currently vacant. The request is to change the property’s Future Land Use Map designation of Residential Low (RL) to Residential Urban (RU). The property is currently designated Low Medium Density Residential (LMDR) in the Zoning Atlas, and there is no need to amend the zoning designation as the LMDR District is compatible with both Residential Low (RL) and Residential Urban (RU) future land use designations. In February 2007, the City received a petition for annexation for the property, which at the time was a single parcel (ANX2007-02005, annexation effective May 2007). At the time the request for annexation was received, there was a single- family home located on the parcel, but it was demolished in April 2007 while still in Pinellas County. The City has received building permit applications for a single- Draft Attachment number 1 \nPage 30 of 42 Item # 4 Council 2013-09-19 31 family home on each parcel, but in order to develop the parcels, the applicant must amend the present Future Land Use Map designation from Residential Low (RL) to Residential Urban (RU). The Planning and Development Department has determined that the proposed future land use map 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 Residential Urban (RU) 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 reviewed this application at its public hearing on August 20, 2013 and unanimously recommended approval of the future land use map amendment. Vice Mayor Paul Gibson moved to approve a Future Land Use Map Amendment from the Residential Low (RL) classification to the Residential Urban (RU) classification for property located at 1569 and 1571 Sunset Point Road, approximately 0.24 miles east of the intersection of Sunset Point Road and N. Highland Avenue (consisting of Lot 1, Block A, Clearwater Highlands, Unit A). The motion was duly seconded and carried unanimously. Draft Attachment number 1 \nPage 31 of 42 Item # 4 Council 2013-09-19 32 Ordinance 8435-13 was presented and read by title only. Councilmember Bill Jonson moved to pass Ordinance 8435-13 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, Councilmember Jay E. Polglaze "Nays": None 8. Second Readings - Public Hearing 8.1 Adopt Ordinance 8424-13 on second reading, annexing certain real property 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. Ordinance 8424-13 was presented and read by title only. Councilmember Bill Jonson moved to adopt Ordinance 8424-13 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, Councilmember Jay E. Polglaze "Nays": None 8.2 Adopt Ordinance 8425-13 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 3030 Union Street, upon annexation into the City of Clearwater, as Residential Suburban (RS) and water/drainage feature. Ordinance 8425-13 was presented and read by title only. Councilmember Doreen Hock-DiPolito moved to adopt Ordinance 8425-13 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, Councilmember Jay E. Polglaze "Nays": None Draft Attachment number 1 \nPage 32 of 42 Item # 4 Council 2013-09-19 33 8.3 Adopt Ordinance 8426-13 on second reading, amending the Zoning Atlas of the city by zoning certain real property whose post office address is 3030 Union Street, upon annexation into the City of Clearwater, as Low Density Residential (LDR). Ordinance 8426-13 was presented and read by title only. Councilmember Jay Polglaze moved to adopt Ordinance 8426-13 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, Councilmember Jay E. Polglaze "Nays": None 8.4 Adopt Ordinance 8427-13 on second reading, annexing certain real property 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. Ordinance 8427-13 was presented and read by title only. Vice Mayor Paul Gibson moved to adopt Ordinance 8427-13 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, Councilmember Jay E. Polglaze "Nays": None 8.5 Adopt Ordinance 8428-13 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 3030 Union Street [smaller parcel], upon annexation into the City of Clearwater, as Residential Suburban (RS). Ordinance 8428-13 was presented and read by title only. Councilmember Bill Jonson moved to adopt Ordinance 8428-13 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, Councilmember Jay E. Polglaze Draft Attachment number 1 \nPage 33 of 42 Item # 4 Council 2013-09-19 34 "Nays": None 8.6 Adopt Ordinance 8429-13 on second reading, amending the Zoning Atlas of the city by zoning certain real property whose post office address is 3030 Union Street [smaller parcel], upon annexation into the City of Clearwater, as Low Density Residential (LDR). Ordinance 8429-13 was presented and read by title only. Councilmember Doreen Hock-DiPolito moved to adopt Ordinance 8429-13 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, Councilmember Jay E. Polglaze "Nays": None 9. Consent Agenda – Approved as submitted. 9.1 Approve a one-year Grant Funding Agreement for Fiscal Year 2013-14, in the amount of $166,993 between Jolley Trolley Transportation of Clearwater, Inc. and the City of Clearwater for the operation of transportation and trolley service on Clearwater Beach, Island Estates and Sand Key (Beach Route) and the Coastal Route, and authorize the appropriate officials to execute same. (consent) 9.2 Approve a Professional Services Contract between the City of Clearwater and Imagine Global Consulting to provide tourism marketing services for the City of Clearwater in the amount of $164,000 per fiscal year, and authorize the appropriate officials to execute same. (consent) 9.3 Approve the extension of the Emergency Medical Services ALS First Responder Agreement between Pinellas County and City of Clearwater for one year through September 30, 2014 and authorize the appropriate officials to execute same. (consent) 9.4 Approve the extension of Fire Protection Services Agreement between Pinellas County Fire Protection Authority and City of Clearwater for one year through September 30, 2014 and authorize the appropriate officials to execute same. (consent) 9.5 Approve an Interlocal Agreement with Pinellas County Housing Authority for natural gas pipeline monitoring, inspection and maintenance and authorize the Draft Attachment number 1 \nPage 34 of 42 Item # 4 Council 2013-09-19 35 appropriate officials to execute same. (consent) 9.6 Approve the renewal of the Agreement between the City and CareATC for the administration of the City’s Employee Health Center, providing onsite medical and prescription drug services under a fixed cost pricing arrangement at a total cost not to exceed $1,750,000 per year; authorize a purchase order for payment of same; and authorize the appropriate officials to execute same. (consent) 9.7 Approve the renewal of the Memorandum of Agreement between the City and City of Dunedin allowing for the use of the City of Clearwater Employee Health Center by employees, retirees, and their dependents under the City of Dunedin medical plan in a cost-sharing arrangement with Clearwater and authorize the appropriate officials to execute same. (consent) 9.8 Approve the Charter and Investment Policy Statement as established by the City Defined Contribution Plan Fiduciary Investment Committee. (consent) 9.9 Approve a contract in the amount of $428,857.50 with the Pinellas County Sheriff’s Office, Largo, Florida for latent fingerprint, crime scene processing, evidence and property storage and Pinellas Juvenile Assessment Center services, during the one-year contract period, October 1, 2013 through September 30, 2014, and authorize the appropriate officials to execute same. (consent) 9.10 Award a contract (purchase order) to Angelo’s Recycled Materials, for operating expenditures in the amount of $360,000 for the disposal of solid waste at their site for the period October 1, 2013 through September 30, 2014 as provided in the City’s Code of Ordinances, Section 2.561, and authorize the appropriate officials to execute same. (consent) 9.11 Award a contract (purchase order) to Pinellas County Solid Waste for an operating expenditure of $3,800,000 for the disposal of solid waste at the Pinellas County waste-to-energy plant/landfill, October 1, 2013 through September 30, 2014, as provided in the City’s Code of Ordinances, Section 2.564 (1) (d), Services provided by other Governmental Entities, and authorize the appropriate officials to execute same. (consent) 9.12 Award a Contract to Construction Manager at Risk, Biltmore Construction, Co., Inc. of Belleair, FL., for the guaranteed maximum price of $173,143.04 for rehabilitation of five bridges on Island Estates; and authorize the appropriate officials to execute same. (consent) 9.13 Approve the conveyance of a Distribution Easement to Duke Energy granting Draft Attachment number 1 \nPage 35 of 42 Item # 4 Council 2013-09-19 36 appropriate authority to Duke for the purpose of providing electrical service to city-owned property located at 1875 Airport Drive; and authorize the appropriate officials to execute same. (consent) 9.14 Approve the final plat for Lakeside at Clearwater, whose physical address is 2165 Gulf to Bay Boulevard (S.R. 60). (consent) 9.15 Reappoint Robert Peter Stasis and appoint Linda S. Varonich to the Environmental Advisory Board with terms to expire September 30, 2017. Councilmember Jay Polglaze moved to approve the Consent Agenda as submitted and authorize the appropriate officials to execute same. The motion was duly seconded and carried unanimously. City Manager Reports 10. Other Items on City Manager Reports 10.1 Amend the City’s fiscal year 2012/13 Operating and Capital Improvement Budgets at third quarter and pass Ordinances 8483-13 and 8484-13 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. The attached memorandum and the accompanying report provide this information and outline the issues at third quarter that require amendment. Councilmember Jay Polglaze moved to amend the City’s fiscal year 2012/13 Operating and Capital Improvement Budgets at third quarter. The motion was duly seconded and carried unanimously. Ordinance 8483-13 was presented and read by title only. Vice Mayor Paul Gibson moved to pass Ordinance 8483-13 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, Councilmember Jay E. Polglaze "Nays": None Draft Attachment number 1 \nPage 36 of 42 Item # 4 Council 2013-09-19 37 Ordinance 8484-13 was presented and read by title only. Councilmember Bill Jonson moved to approve Ordinance 8484-13 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, Councilmember Jay E. Polglaze "Nays": None 10.2 The Florida Legislature created Florida Statute, Section 288.106 to encourage the growth of Florida’s high-wage, value-added employment. This program is commonly known as the Qualified Target Industry Tax Refund Program (QTI Program). This law authorizes Enterprise Florida, Inc. (EFI) to accept, review and recommend applications for consideration by DEO for tax refunds to qualified target industry businesses. Pursuant to Florida Statute, Sections 288.075 and 288.106, the applicant requests certain information, including the name of the company, remain confidential until such time as is required under statute or desired by the applicant. Project Zone is the alias name of the applicant company. Endorse the application for Project Zone and committing the City of Clearwater to provide local financial support (Local Match) of 10% of the eligible tax refund upon certification by State of Florida Department of Economic Opportunity (DEO) and adopt Resolution 13-23. Project Zone was initially approved by DEO in August 2012, and Local Match resolutions were duly approved by Pinellas County and City of St. Petersburg (10% Local Match, each) in September 2012. Due to rapid growth of Project Zone, the company is relocating its operations to the City of Clearwater. Project Zone requests QTI Local Match from the City of Clearwater. The City of St. Petersburg has provided written support of the change in location; Pinellas County’s Local Match Resolution 12-77 (duly approved on September 6, 2012) remains in effect. This Resolution provides a commitment of the city to support the QTI Program, which provides a performance-based incentive. It does not guarantee payment until such time as the terms and conditions of the contract made between DEO and Project Zone are met, subject to limitations described below. QTI Program Description Draft Attachment number 1 \nPage 37 of 42 Item # 4 Council 2013-09-19 38 The QTI Program works as an inducement to encourage companies to locate or expand in Florida. The incentive may not exceed that which is requested in the application. As required by the QTI Program, Project Zone will create at least 10 net new full-time equivalent Florida jobs, will pay an average annual wage that is at least 115 percent of the Pinellas County average wage as published by Enterprise Florida, Inc., and shows that the jobs make a significant economic contribution to the area economy. Project Zone projects to create 35 jobs by end of year 2013. Project Zone’s job creation schedule is as follows: Description of Project Phase Number of net new full-time equivalent Florida jobs created in the business unit Date by which jobs will be created I 35 12/31/2013 Total 35 The following types of jobs are expected to be created by this insurance headquarters company: Business Unit Activities 6 Digit NAICS Code(s) Project Function Annualized Wage ($) Admin/Management 524126 100% $80,744.00 Average Wage $80,744.00 Average wages of all new jobs created by Project Zone is to be no less than $80,744, which is 200% of the Pinellas County Annual Average Wage as published by Enterprise Florida on January 1, 2012. The requested tax refund is to be paid to the applicant each state fiscal year (July 1- June 30) for a period of four years. If approved by the City of Clearwater, the applicant will receive a refund for each new job created in the City of Clearwater. The QTI Program allows for a refund of eligible taxes paid that will equal a maximum of $5,000 per new job created. Eighty percent of this award is provided by the State of Florida, with a Local Match of ten percent from the City of Clearwater and ten percent from Pinellas County. Therefore, the maximum Local Match award per new job created is $500 for a total Local Match of $17,500. QTI Program Request & Local Match Commitment Draft Attachment number 1 \nPage 38 of 42 Item # 4 Council 2013-09-19 39 Payment Schedule Disbursement of the Local Match is spread over a period of four years with a maximum of twenty-five percent of the Local Match paid annually. The schedule is as follows: PHASE # JOBS ELIGIBLE AWARD MAX OF 25% / YR FY13-14 FY14-15 FY15- 16 FY16- 17 I 35 $17,500 $4,375 $4,375 $4,375 $4,375 $4,375 TOTAL 35 $17,500 $4,375 $4,375 $4,375 $4,375 The payment schedule is subject to the applicant continuing to meet all eligibility criteria, which is verified each year by DEO, City of Clearwater and Pinellas County. Upon verification, the DEO requests the Local Match disbursement check from the City up to the maximum yearly allowed amount. The DEO then provides the disbursement to the applicant. During the term of the agreement, the Local Match may be lowered under the following conditions: Conditions of Limitation & Termination • If in any year the applicant does not achieve the job creation schedule but achieves at least eighty percent of the required new jobs, the company will receive a pro-rated refund less five percent penalty of the schedule award amount for that year. • If the total of the eligible taxes paid by the company is less than the maximum eligible refund amount awarded, the Local Match will be reduced on a pro-rated basis. The refunded amount will not exceed the amount of eligible taxes paid by the company. The Local Match may be eliminated under the following conditions: • If job creation falls below 80% of the required jobs, the company will not receive a refund and will be terminated from the program. • If the average wage falls below $80,744, the company will not receive a refund and will be terminated from the program. Funding Source Draft Attachment number 1 \nPage 39 of 42 Item # 4 Council 2013-09-19 40 The Fiscal Year 2013-2014 funding is currently available from Economic Development budget account number 181-99846. Future year funding will need to be allocated during the City’s annual budget process. Councilmember Doreen Hock-DiPolito moved to endorse the application for Project Zone and committing the City of Clearwater to provide local financial support (Local Match) of 10% of the eligible tax refund upon certification by State of Florida Department of Economic Opportunity (DEO). The motion was duly seconded and carried unanimously. Resolution 13-23 was presented and read by title only. Councilmember Jay E. Polglaze moved to adopt Resolution 13-23. 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, Councilmember Jay E. Polglaze "Nays": None 10.3 Approve the master lease agreement between the City and The Bancorp Bank /dba/ Mears Motor Leasing to provide a $25,000,000 line of credit for all planned lease purchase equipment acquired in the next five fiscal years starting October 1, 2013; authorize all uncompleted equipment acquisitions previously approved for financing under the current agreement with Mears be financed under this new agreement; authorize the appropriate officials to execute same, and adopt Resolution 13-24. The current agreement with Mears Motor Leasing expires September 31, 2013. The City solicited proposals (RFP 20-13) for lease purchase (installment sale) financing for the next five fiscal years (2014-2018). Five competitive proposals were received: Bank of America Public Capital Corp, US Bancorp Government Finance, SunTrust Equipment Finance and Leasing Corp., JP Morgan Chase Bank, N.A., and The Bancorp Bank/dba/ Mears Motor Leasing. The selection committee has reviewed these proposals comparing interest rates, process, and experience of the proposers and unanimously recommends Mears Motor Leasing for approval. Per the proposed agreement with Mears Motor Leasing, the interest rates applicable to each draw will be determined by the following table based on the three and five year Constant Maturing Treasury (CMT) rate as published weekly in the Federal Reserve Statistical Release H.15. Draft Attachment number 1 \nPage 40 of 42 Item # 4 Council 2013-09-19 41 3-Year CMT Mears 5 -Year CMT Mears Under 2% 2.00% Under 2% 2.00% 2% - 3% 2.00% 2% - 3% 2.00% 3% - 4% 2.49% 3% - 4% 2.49% 4% - 5% 2.49% 4% - 5% 2.49% 5% - 6% 3.00% 5% - 6% 3.00% Over 6% 3.00% Over 6% 3.00% For example, if at the time of financing the 3-year CMT were 3.49%, the rate the City would be charged by Mears Motor Leasing would be 2.49%.With the exception of items that have a three-year useful life such as computer hardware/software and police pursuit vehicles, lease purchases will be on a five- year amortization schedule. The contract has a term of five years with the option for renewal as mutually agreed to by both parties. Approval of this item does not represent a commitment to borrow. Decisions to lease purchase specific items of equipment must be budgeted for or approved separately in accordance with the City’s purchasing policy. In response to questions, Finance Director Jay Ravins said the earnings rate for the City’s Cash Pool is less than the rate the City would pay on lease purchases, a five-year guaranteed rate. Staff will determine at the time of equipment purchase if it is in the City’s best interest to finance the purchase internally or through lease purchase. The type of financing will be reflected in the agenda item presented to Council. Controller Clem Vericker said the maximum rate under a lease purchase is 3%. The other bid respondents used different indexes than requested, making it difficult to compare. Vice Mayor Paul Gibson moved to approve the master lease agreement between the City and The Bancorp Bank /dba/ Mears Motor Leasing to provide a $25,000,000 line of credit for all planned lease purchase equipment acquired in the next five fiscal years starting October 1, 2013; authorize all uncompleted equipment acquisitions previously approved for financing under the current agreement with Mears be financed under this new agreement; authorize the appropriate officials to execute same. The motion was duly seconded and carried unanimously. Resolution 13-24 was presented and read by title only. Councilmember Bill Jonson moved to adopt Resolution 13-24. 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, Councilmember Jay E. Polglaze Draft Attachment number 1 \nPage 41 of 42 Item # 4 Council 2013-09-19 42 "Nays": None Miscellaneous Reports and Items 11. City Manager Verbal Reports – None. 12. Closing Comments by Mayor Mayor George N. Cretekos reviewed recent and upcoming events, encouraged all to vote Clearwater for “Best Place to Watch a Sunset” at 10best.com and expressed sympathies to County Commissioner Kenneth Welch and D.T. Minich, Pinellas County Tourism Chief, for the recent passing of their fathers. 13. Adjourn The meeting adjourned at 8:10 p.m. Mayor City of Clearwater Attest City Clerk Draft Attachment number 1 \nPage 42 of 42 Item # 4 City Council Agenda Council Chambers - City Hall Meeting Date:10/3/2013 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 2021 North Betty Lane (Lot 4, Block K, Brooklawn, in Section 3, Township 29 South, Range 15 East); and pass Ordinances 8469-13, 8470-13 and 8471-13 on first reading. (ANX2013-07023) SUMMARY: This voluntary annexation petition involves a 0.116-acre property consisting of one parcel of land occupied by a single-family dwelling. It is located on the east side of North Betty Lane approximately 150 feet south of Idlewild Drive. 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 west. 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 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 Cover Memo Item # 5 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 west; therefore, the annexation is consistent with Florida Statutes Chapter 171.044. Review Approval: Cover Memo Item # 5 S:\Planning Department\C D B\Annexations (ANX)\Active Cases\Betty Ln 2021 ANX2013-07023 - Snowball\Maps\ANX2013-07023 Location.doc [PROJECT SITE UNION ST BE T T Y L N KINGS HWY SUNS ET POINT RD HIGHLAND AVE BYRAM DR PALM ST STATE ST I D L E W I L D D R BERMUDA ST PO I N S E T T A A V E FLORA RD RIDG ELANE RD WOODLAWN TER WILSON RD PLATEAU RD ALPINE R D SPRING LN CHENAN GO AVE CA RLOS AVE FREEDOM DR CO LES RD BARBARA AVE ALOHA LN SED EEVA CIR MACOMBER AVE ERIN LN EVERGR EE N AVE BERTLAND WAY THE MALL STRATHMILL DR LAN TAN A AVE SYLVAN DR PINECREST WAY HIGHLAND CIR SPRING LN -N o t t o S c a l e - -N o t a S u r v e y - LOCATION MAP Owner: Snowball, Jeffrey Case: ANX2013-07023 Site: 2021 N. Betty Lane Property Size (Acres): 0.116 acres Land Use Zoning PIN: 03-29-15-12060-011-0040 From : To: RU R-4 RU LMDR Atlas Page: 251B Attachment number 1 \nPage 1 of 7 Item # 5 S:\Planning Department\C D B\Annexations (ANX)\Active Cases\Betty Ln 2021 ANX2013-07023 - Snowball\Maps\ANX2013-07023 Aerial.doc BE T T Y L N BE T T Y L N IDLEWILD DR IDLEWILD DR WOODLAWN TER WOODLAWN TER POINSETTA AVE POINSETTA AVE SEDEEVA CIR NSEDEEVA CIR N SHORE DR SHORE DR THE MALL THE MALL BERTLAND WAY BERTLAND WAY CHENANGO AVE CHENANGO AVE PINECREST WAY PINECREST WAY -N o t t o S c a l e - -N o t a S u r v e y - AERIAL MAP Owner: Snowball, Jeffrey Case: ANX2013-07023 Site: 2021 N. Betty Lane Property Size (Acres): 0.116 acres Land Use Zoning PIN: 03-29-15-12060-011-0040 From : To: RU R-4 RU LMDR Atlas Page: 251B Attachment number 1 \nPage 2 of 7 Item # 5 S:\Planning Department\C D B\Annexations (ANX)\Active Cases\Betty Ln 2021 ANX2013-07023 - Snowball\Maps\ANX2013-07023 Proposed Annexation.doc LAKE 60 60 60 60 60 60 6060 60 60 60 60 60 60 60 45 87.7 45 40 60 30 60 40 3 0 4 0 40 165 12060 28098 F G H K L M O O P A C E 2 3 8 9 12 TR "D" TRACT "B" 4 5 6 7 8 9 10 11 12 13 14 15 4 5 6 7 8 9 10 11 12 13 14 15 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 24 (25) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 6 7 8 9 10 11 314151617 12345678910111213 14 15 16 17 18 19 20 33 34 35 36 37 38394041424344 45 46 47 48 49 50 51 25 26 27 28 29 30 1112 13 14 15 16 17 18 19 20 21 22 23 24 5 6 7 8 9 10 11 12 13 14 151617 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 3 4 5 6 7 8 11 12 13 14 15 16 18 1 1 1 1 1 BE T T Y L N IDLEWILD DR W O O D L AW N T E R POINSETTA AVE BERMUDA ST SEDEEVA CIR N SHORE DR THE MALL BERTLAND WAY CHENANGO AVE 2040 2044 2014 2049 2000 2049 2053 2047 2048 13 1 0 13 0 0 2010 2020 2026 2028 13 1 0 13 0 0 1994 2025 2019 13 2 5 13 1 7 13 0 1 1979 1958 1960 1962 1964 12 9 0 12 8 8 12 8 4 12 8 0 12 7 6 12 7 4 1978 1974 12 8 7 12 7 9 12 7 5 12 7 3 12 7 1 12 6 7 1961 1963 196912 5 5 12 5 1 1278 1276 1274 1272 1270 1268 1266 1264 1260 1258 1256 1295 1291 1287 1283 1277 1273 1271 1267 1265 1261 1253 2022 2030 1291 1296 2021 2027 2020 2022 2026 1262 1260 1256 1252 1265 1261 1257 1290 1292 1284 1280 1272 1266 1260 1254 2044 1293 1279 1277 1271 1267 1265 1259 1255 1251 1247 1245 1981 1987 1980 2048 2050 1333 2035 2039 2017 2031 2025 2052 2063 2065 1992 1283 2024 2028 12861266 1250 1999 1997 1996 1995 2056 2043 2021 1966 2 0 1 5 -N o t t o S c a l e - -N o t a S u r v e y - PROPOSED ANNEXATION MAP Owner: Snowball, Jeffrey Case: ANX2013-07023 Site: 2021 N. Betty Lane Property Size (Acres): 0.116 acres Land Use Zoning PIN: 03-29-15-12060-011-0040 From : To: RU R-4 RU LMDR Atlas Page: 251B Attachment number 1 \nPage 3 of 7 Item # 5 S:\Planning Department\C D B\Annexations (ANX)\Active Cases\Betty Ln 2021 ANX2013-07023 - Snowball\Maps\ANX2013-07023 Future Land Use.doc RU RU RU RU RU RM P RU R/OS RU RURU RU RM RM RM RU RU RU RM RU RM RU RU RM RM RU RU RM WATER RU RU WATER RU BE T T Y L N IDLEWILD DR WOODLAWN TER POINSETTA AVE BERMUDA ST SEDEEVA CIR N SHORE DR BERTLAND WAY CHENANGO AVE 2040 2025 2044 2014 2049 2049 2053 2047 2048 2052 13 1 0 13 0 0 2063 2065 2010 2020 2026 2028 13 1 0 13 0 0 1992 1994 2025 13 0 1 1979 1958 1960 12 9 0 12 8 8 12 8 4 12 8 0 12 7 6 12 7 4 1978 1974 12 8 7 12 8 3 12 7 9 12 7 5 12 7 3 12 7 1 12 6 7 1961 1963 1969 12 5 5 12 5 1 1278 1276 1274 1272 1270 1268 1266 1264 1260 1258 1256 1295 1291 1287 12831277 1273 1271 1267 1265 1261 1253 2022 2024 2028 2030 1291 1296 1286 2021 2027 2020 2022 2026 1266 1262 1260 1256 1252 1265 1261 1257 1290 1292 1284 1280 1272 1266 1260 1254 1250 2044 1293 1279 1277 1271 1267 1265 1259 1255 1251 1247 1245 1999 1997 1981 1987 1996 1995 1980 2048 2050 2035 2039 2043 2017 1966 20312015 2000 2019 1325 1317 1962 1964 1333 2056 2021 -N o t t o S c a l e - -N o t a S u r v e y - FUTURE LAND USE MAP Owner: Snowball, Jeffrey Case: ANX2013-07023 Site: 2021 N. Betty Lane Property Size (Acres): 0.116 acres Land Use Zoning PIN: 03-29-15-12060-011-0040 From : To: RU R-4 RU LMDR Atlas Page: 251B RU Attachment number 1 \nPage 4 of 7 Item # 5 S:\Planning Department\C D B\Annexations (ANX)\Active Cases\Betty Ln 2021 ANX2013-07023 - Snowball\Maps\ANX2013-07023 Zoning.doc MD LMDR BE T T Y L N IDLEWILD DR WOODLAWN TER POINSETTA AVE BERMUDA ST SHORE DR THE MALL SEDEEVA CIR N BERTLAND WAY CHENANGO AVE PINECREST WAY LMDR MDR OS/R LMDR LMDR 2040 2025 2044 2049 2000 2047 2048 2052 13 1 0 13 0 0 2063 2065 2010 2020 2026 2028 13 1 0 13 0 0 1992 1994 2025 2019 13 2 5 13 1 7 13 0 1 1979 1958 1960 1962 1964 12 9 0 12 8 8 12 8 4 12 8 0 12 7 6 12 7 4 1978 1974 12 8 7 12 8 3 12 7 9 12 7 5 12 7 3 12 7 1 12 6 7 1961 1963 1969 12 5 5 1278 1276 1274 1272 1270 1268 1266 1264 1260 1258 1295 1291 1287 1283 1277 1273 1271 1267 1265 1261 1253 2022 2024 2028 2030 1291 1296 1286 2021 2027 2020 2022 2026 1266 1262 1260 1256 1265 1261 1290 1292 1284 1280 1272 1266 1260 1254 1250 2044 1293 1279 1277 1271 1267 1265 1259 1255 1251 1247 1999 1997 1981 1987 1996 1995 1980 2048 2050 1333 2035 2039 2043 2017 1966 20312015 LMDR 2014 2057 2049 2053 1256 1252 1257 2056 2021 -N o t t o S c a l e - -N o t a S u r v e y - ZONING MAP Owner: Snowball, Jeffrey Case: ANX2013-07023 Site: 2021 N. Betty Lane Property Size (Acres): 0.116 acres Land Use Zoning PIN: 03-29-15-12060-011-0040 From : To: RU R-4 RU LMDR Atlas Page: 251B LMDR  Attachment number 1 \nPage 5 of 7 Item # 5 S:\Planning Department\C D B\Annexations (ANX)\Active Cases\Betty Ln 2021 ANX2013-07023 - Snowball\Maps\ANX2013-07023 Existing Surrounding Use.doc LAKE 60 60 60 60 60 60 6060 60 60 60 60 60 60 60 45 87.7 45 40 60 30 60 40 3 0 4 0 40 165 12060 28098 F G H K L M O O P A C E 2 3 8 9 12 TR "D" TRACT "B" 4 5 6 7 8 9 10 11 12 13 14 15 4 5 6 7 8 9 10 11 12 13 14 15 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 24 (25) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 6 7 8 9 10 11 314151617 12345678910111213 14 15 16 17 18 19 20 33 34 35 36 37 38394041424344 45 46 47 48 49 50 51 25 26 27 28 29 30 1112 13 14 15 16 17 18 19 20 21 22 23 24 5 6 7 8 9 10 11 12 13 14 151617 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 3 4 5 6 7 8 11 12 13 14 15 16 18 1 1 1 1 1 BE T T Y L N IDLEWILD DR W O O D L AW N T E R POINSETTA AVE BERMUDA ST SEDEEVA CIR N SHORE DR THE MALL BERTLAND WAY CHENANGO AVE 2040 2044 2014 2049 2000 2049 2053 2047 2048 13 1 0 13 0 0 2010 2020 2026 2028 13 1 0 13 0 0 1994 2025 2019 13 2 5 13 1 7 13 0 1 1979 1958 1960 1962 1964 12 9 0 12 8 8 12 8 4 12 8 0 12 7 6 12 7 4 1978 1974 12 8 7 12 7 9 12 7 5 12 7 3 12 7 1 12 6 7 1961 1963 196912 5 5 12 5 1 1278 1276 1274 1272 1270 1268 1266 1264 1260 1258 1256 1295 1291 1287 1283 1277 1273 1271 1267 1265 1261 1253 2022 2030 1291 1296 2021 2027 2020 2022 2026 1262 1260 1256 1252 1265 1261 1257 1290 1292 1284 1280 1272 1266 1260 1254 2044 1293 1279 1277 1271 1267 1265 1259 1255 1251 1247 1245 1981 1987 1980 2048 2050 1333 2035 2039 2017 2031 2025 2052 2063 2065 1992 1283 2024 2028 12861266 1250 1999 1997 1996 1995 2056 2043 2021 1966 2 0 1 5 -N o t t o S c a l e - -N o t a S u r v e y - EXISTING SURROUNDING USES MAP Owner: Snowball, Jeffrey Case: ANX2013-07023 Site: 2021 N. Betty Lane Property Size (Acres): 0.116 acres Land Use Zoning PIN: 03-29-15-12060-011-0040 From : To: RU R-4 RU LMDR Atlas Page: 251B Single Family Homes Single Family Homes Vacant Attachment number 1 \nPage 6 of 7 Item # 5 ANX2013-07023 Snowball, Jeffrey 2021 N. Betty Lane View looking east at the subject property, 2021 N Betty Lane South of the subject property Across the street, to the west of the subject property North of the subject property View looking northerly along Betty Lane View looking southerly along Betty Lane Attachment number 1 \nPage 7 of 7 Item # 5 Ordinance No. 8469 -13 ORDINANCE NO. 8469-13 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTY LOCATED ON THE EAST SIDE OF NORTH BETTY LANE APPROXIMATELY 150 FEET SOUTH OF IDLEWILD DRIVE, CONSISTING OF LOT 4, BLOCK K, BROOKLAWN, WHOSE POST OFFICE ADDRESS IS 2021 NORTH BETTY 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: Lot 4, Block K, Brooklawn, according to the Plat thereof recorded in Plat Book 13, Page 59, Public Records of Pinellas County, Florida. (ANX2013-07023) 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 # 5 Ordinance No. 8469 -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 # 5 Attachment number 2 \nPage 3 of 8 Item # 5 Ordinance No. 8470-13 ORDINANCE NO. 8470-13 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 EAST SIDE OF NORTH BETTY LANE APPROXIMATELY 150 FEET SOUTH OF IDLEWILD DRIVE, CONSISTING OF LOT 4, BLOCK K, BROOKLAWN, WHOSE POST OFFICE ADDRESS IS 2021 NORTH BETTY 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 Lot 4, Block K, Brooklawn, according to the Plat Residential Urban (RU) Book thereof recorded in Plat Book 13, Page 59, Public Records of Pinellas County, Florida. (ANX2013-07023) 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. 8469-13. 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 # 5 Attachment number 2 \nPage 5 of 8 Item # 5 Ordinance No. 8471-13 ORDINANCE NO. 8471-13 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY ZONING CERTAIN REAL PROPERTY LOCATED ON THE EAST SIDE OF NORTH BETTY LANE APPROXIMATELY 150 FEET SOUTH OF IDLEWILD DRIVE, CONSISTING OF LOT 4, BLOCK K, BROOKLAWN, WHOSE POST OFFICE ADDRESS IS 2021 NORTH BETTY 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 Lot 4, Block K, Brooklawn, according to the Low Medium Plat thereof recorded in Plat Book 13, Page Density 59, Public Records of Pinellas County, Florida. Residential (LMDR) (ANX2013-07023) 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. 8469-13. PASSED ON FIRST READING ___________________________ PASSED ON SECOND AND FINAL ___________________________ READING AND ADOPTED _______________________________ George N. Cretekos Mayor Attachment number 2 \nPage 6 of 8 Item # 5 Ordinance No. 8471-13 Approved as to form: Attest: __________________________ ______________________________ Leslie K. Dougall-Sides Rosemarie Call Assistant City Attorney City Clerk Attachment number 2 \nPage 7 of 8 Item # 5 Attachment number 2 \nPage 8 of 8 Item # 5 City Council Agenda Council Chambers - City Hall Meeting Date:10/3/2013 SUBJECT / RECOMMENDATION: Provide direction on the proposed Development Agreement between Enchantment, LLC (the property owner) and the City of Clearwater, providing for the allocation of 92 units from the Hotel Density Reserve under Beach by Design and confirm a second public hearing in City Council Chambers before City Council on October 16, 2013 at 6:00 p.m., or as soon thereafter as may be heard. (HDA2013-08001) SUMMARY: The 1.377-acre subject property is located at the southwest corner of Parkway Drive and South Gulfview Boulevard, which is within the “Clearwater Pass District” of Beach by Design. The property has two zoning designations, which are Tourist (T) District and Open Space/Recreation (OS/R) District. The land area zoned T District is 1.347 acres (58,671 square feet) and the land area zoned OS/R District is 0.03 acres (1,317 square feet). The site is currently developed with a six-story, 110-room hotel known as the Wyndham Garden of Clearwater Beach. The existing building is located toward the rear of the site, oriented east/west and with parking on the north and west sides of the building. On September 20, 2005, the Community Development Board (CDB) approved FLD2005-06057/TDR2005-07023 for the Termination of Status of Nonconformity for density to retain the existing 110 overnight accommodation units where the base density allows 67 units. The owners propose to utilize the existing 110-rooms obtained through the Termination of Status of Nonconformity for density while requesting an additional 92 hotel rooms from the Hotel Density Reserve through Beach by Design. The current proposal is to demolish the existing building and redevelop the site with a 202-unit overnight accommodation use (150 rooms per acre for the land zoned T District, including the allocation of 92 rooms from the Hotel Density Reserve). The building will be 150 feet (from Base Flood Elevation) to flat roof (14 stories) with the parking located within the first six levels. The proposed architectural style is contemporary coastal architecture, which is consistent with and complements the tropical vernacular envisioned in Beach by Design. Consistency with the Community Development Code: Minimum Lot Area/Width: The subject property has a lot area of 59,988 square feet (1.377 acres; 1.347 acres zoned T District and 0.03 acres zoned OS/R District). The lot width of the subject property is 240.64 feet. These are consistent with the applicable sections of the Community Development Code. Minimum Setbacks: The conceptual site plan depicts a front (north) setback of 15 feet, a side (west) setback of 15.2 feet, a side (east) setback of 15 feet (east), and a rear (south) setback of 20 feet. The proposed setbacks may be approved as part of a Level Two (FLD) application, subject to meeting the applicable flexibility criteria of the Community Development Code. Maximum Height: Pursuant to the Clearwater Pass District Character District standards of Beach by Design and that the owners are requesting 92 hotel rooms from the Hotel Density Reserve, the maximum height of the hotel can be up to 150 feet provided that there is no more than four buildings above 100 feet in height within 800 feet of the proposed building. The applicant has demonstrated that there are only three buildings 800 feet westward of the building’s east façade that exceed 100 feet in height and that there are no buildings to the east of the building that exceed 100 feet in height. The buildings to the west of the subject building (proposed 150 feet in height from BFE) include the Continental Tower (105 feet in height from BFE) and the proposed Hampton Inn Building (134 feet in height from BFE). The height of the proposed building is consistent with the guidelines of Beach by Design. Minimum Off-Street Parking: The 202-room overnight accommodation use requires a minimum of 242 off-street parking spaces. There will be 244 parking spaces provided within the parking garage located on the first six levels of the building. This is consistent with the applicable sections of the Community Development Code. Landscaping: While a formal landscape plan is not required to be submitted for review at this time, the conceptual landscape areas depicted on the site plan show that a 15 foot wide perimeter landscape area will be provided along the north property Cover Memo Item # 6 line; a 15.10 foot wide perimeter landscape area will be provided along the west property line; a 15 foot wide perimeter landscape area will be provided along the east property line; and that a 20 foot wide perimeter landscape area will be provided along the south property line. The proposal should meet the required five-foot wide foundation landscape requirement. Since no perimeter landscape buffers are required in the T District, the proposed landscape areas exceed what is required. It is noted, however, that flexibility may be requested/necessary as part of a Comprehensive Landscape Program which would be reviewed at time of formal site plan approval. Consistency with Beach by Design: Design Guidelines:A review of the provided architectural elevations and massing study was conducted and the proposed building does appear to be generally consistent with the applicable Design Guidelines established in Beach by Design. It is noted, however, that a more formal review of these guidelines will need to be conducted as part of the final site plan approval process. Hotel Density Reserve:The project has been reviewed for compliance with those criteria established within Beach by Design concerning the allocation of hotel rooms from the Reserve. The project appears to be generally consistent with those criteria, including that the development comply with the Metropolitan Planning Organization’s (MPO) countywide approach to the application of traffic concurrency management for transportation facilities. The submitted Traffic Impact Study concludes that traffic operations at nearby intersections and on adjacent roadways would continue at acceptable levels of service. Standards for Development Agreements: 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 rooms from the Hotel Density Reserve under Beach by Design and includes the following main provisions: Provides for the allocation of 92 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; No full kitchens. No unit shall have a complete kitchen facility as that term is used in the definition of “dwelling unit” in the Community Development Code; 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; That no unit in the project shall be used as a primary or permanent residence. At least 150 units (75 percent) shall be required to be submitted to a rental program or reservation system requiring those hotel units to be available to overnight hotel guests on a transient basis at all times. Developer will use reasonable efforts to encourage owners of “ownership units” to voluntarily submit their unit to a rental program or reservation system requiring it to be available to overnight hotel guests on a transient basis when the unit is not occupied by the owner; and Provides language that will allow 52 units (25 percent) to be used as ownership units. Staff recommends that prior to a decision on the agreement that clarity be provided as to what percentage of units may be used for ownership units. Staff recommends that Council clarify if one of the following proposed criteria be used: That a percentage of the 67-units permitted by the base density (50 units per acre) may be used as ownership units; or That a percentage of the 67-units permitted by the base density (50 units per acre) and the 43-units accorded through the Termination of Status of Nonconformity for density may be used as ownership units; or That a percentage of the total number of proposed units (202), the 67-units permitted by the base density (50 units per acre) plus the 43-units accorded through the Termination of Status of Nonconformity for density plus the 92 units obtained from the Hotel Density Reserve, may be used as ownership units. Changes to Development Agreements: Pursuant to Section 4-606.I., CDC, a Development Agreement may be amended by mutual consent of the parties, provided the notice and public hearing requirements of Section 4-206 are followed. Revisions to conceptual site plans and/or architectural elevations attached as exhibits to this Development Agreement shall be governed by the provisions of Section 4-406, CDC. Minor revisions to such plans may be approved by the Community Development Coordinator. Other revisions not specified as minor shall require an amendment to this Development Agreement. Review Approval: Cover Memo Item # 6 Cover Memo Item # 6 CLEARWATER CITY COMMISSION 1,Ufo3J o 3MeetingDate: Item # 11.1- r.nc,r, m;LnjC LLLCi 11VfA o( —6$1619) As stated in Commission Rules, "Representatives of a group may speak for three minutes plus an additional minute for each person in the audience that waives their right to speak, up to a maximum of ten minutes." We the undersigned designate J tie L . \ZVI/ Gs C , , (please print) as our spokesperson and waive our right to speak. Signature aJ °Pr?pAGbi V&166/141/(1w4 Signature Signature Print Name it ft Print Name Print Name b6 Print Name Print Name t= /1'4 Print Name CH3 \CLERK\FORMS \Public Comments at Corn Mtg.doc 9700 -0034 Jan 9, 2002 MARQUE SAS PINELLAS COUNTY, FL AERIAL MAP OF PARCEL & SURROUNDING PROPERTIES PREPARED FOR: MARQUESAS, LLC DATA SOURCE(S): PINELLAS COUNTY PROPERTY APPRAISER FLORIDA DESIGN CONSULTANTS, INC. 3030 Starkey Boulevard New Port Richey, FL 34655 727.849.7588 MAPS ARE FOR GRAPHICAL PURPOSES ONLY OCTOBER 2, 2013 MARQUE SAS PINELLAS COUNTY. FL AERIAL MAP OF PARCEL & SURROUNDING PROPERTIES PREPARED FOR: MARQUESAS, LLC DATA SOURCE(S): PINELLAS COUNTY PROPERTY APPRAISER FLORIDA DESIGN CONSULTANTS, INC. 3030 Starkey Boulevard New Port Richey, FL 34655 727.849.7588 T W11• MAPS ARE FOR GRAPHICAL PURPOSES ONLY OCTOBER 2. 2013 Resolution No. 13-27 RESOLUTION NO. 13-27 A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA APPROVING A DEVELOPMENT AGREEMENT BETWEEN THE CITY OF CLEARWATER AND ENCHANTMENT, LLC; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Clearwater is desirous of entering into a development agreement with Enchantment, 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 Enchantment, 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 1 \nPage 1 of 1 Item # 6 DEVELOPMENT AGREEMENT THIS DEVELOPMENT AGREEMENT ("AGREEMENT") is dated the _______ day of _______________, 2013, and entered into between ENCHANTMENT, LLC (“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 plan for the revitalization of Clearwater Beach entitled Beach by Design; and WHEREAS, Sections 163.3220 - 163.3243, Florida Statutes, which sets forth the Florida Local Government Development Agreement Act (“Act”), authorizes 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 1.377 acres of which 58,671 square feet is zoned “Tourist”; 1,317 square feet is zoned “Open Space Recreational”; 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, restaurant, meeting space for guest use, spa for guest use only, pool, 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 202 units, which includes Ninety-two (92) 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 2 \nPage 1 of 20 Item # 6 [A04-01420 /130684/2] 2 WHEREAS, the City has conducted public hearings as required by §§ 4-206 and 4-606 of the Community Development Code; and WHEREAS, at duly called public meetings on October 3, 2013, and _____________, 2013, the City Council approved this Agreement and authorized and directed its execution by the appropriate officials of the City; 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 691 S. Gulfview Blvd., Clearwater, Florida 33767 as more further described in Exhibit “A”. SECTION 4. Scope of Project. 4.1 The Project shall consist of no more than 202 overnight accommodation units. The Project shall consist of no more than 52 units that are specifically identified in the Development Order that may be owned by one or more owners (the “ownership units”). The Project shall receive Ninety-Two (92) units from the Hotel Density Reserve Attachment number 2 \nPage 2 of 20 Item # 6 [A04-01420 /130684/2] 3 as defined in Beach by Design. None of the units received from the Hotel Density Reserve will be designated as “ownership units.” 4.2 The Project shall include 244 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 The height shall not exceed One Hundred-Fifty (150) 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 Economic Opportunity 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. 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 Concept Plan attached as Exhibit “B”. Any revisions or changes to said Concept Plan, site plans, or building elevations shall be governed by the provisions of Community Attachment number 2 \nPage 3 of 20 Item # 6 [A04-01420 /130684/2] 4 Development Code Section 4-606. Minor revisions to such plans may be approved by the Community Development Coordinator. Other revisions not specified as minor 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 commence construction on the development in accordance with provisions of the Community Development Code (“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 close 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 unified use and development suitable for recording in the Public Records of Pinellas County, Florida. 6.1.5 Return of Units to Reserve Pool. Any units granted to Developer from the Hotel Density Reserve not timely constructed in conjunction with the Project to be approved through the appropriate development review shall be returned to the Hotel Density Reserve. 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 an “ownership unit” 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. No unit in the project shall be used as a primary or permanent residence. At least 150 units shall be required to be submitted to a rental program or reservation system requiring those hotel units to be available to overnight hotel Attachment number 2 \nPage 4 of 20 Item # 6 [A04-01420 /130684/2] 5 guests on a transient basis at all times. Developer will use reasonable efforts to encourage owners of “ownership units” to voluntarily submit their unit to a rental program or reservation system requiring it to be available to overnight hotel guests on a transient basis when the unit is not occupied by the owner. 6.1.7 No Full Kitchens. No unit shall have a complete kitchen facility as that term is used in the definition of “dwelling unit” in the Community Development Code. 6.1.8 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 Ninety-Three (92) 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. 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. Attachment number 2 \nPage 5 of 20 Item # 6 [A04-01420 /130684/2] 6 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 ten (10) years after the date of this Agreement, the Property shall not be subject to down-zoning, unit density reduction, or intensity reduction, unless the City has held a public hearing and determined: 11.1.1 That substantial changes have occurred in pertinent conditions existing at the time of approval of this Agreement; or 11.1.2 This Agreement is based on substantially inaccurate information provided by the Developer; or 11.1.3 That the change is essential to the public health, safety, or welfare. Attachment number 2 \nPage 6 of 20 Item # 6 [A04-01420 /130684/2] 7 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: Uday Lele 691 South Gulfview Blvd Clearwater, Florida, 33767 With Copy to: Brian J. Aungst, Jr., Esq. Macfarlane Ferguson & McMullen, P.A. 625 Court Street, Suite 200 Clearwater, FL 33756 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: 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 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, Attachment number 2 \nPage 7 of 20 Item # 6 [A04-01420 /130684/2] 8 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 assignments or transfers imposed by this Agreement, provided, however, that notice of such assignment shall be given by the Developer to the City not less than thirty (30) days prior to such assignment being effective and the assignee shall be bound by the terms of this Agreement to the same extent as would the Developer in the absence of such assignment. 14.1.4 No assignee, purchaser, sublessee or acquirer of all or any part of the Developer’s rights and obligations with respect to any one Parcel shall in any way be obligated or responsible for any of the Developer’s obligations with respect to any other Parcel by virtue of this Agreement unless and until such assignee, purchaser, sublessee or acquire has expressly assumed the Developer’s such other obligations. 14.1.5 Notwithstanding any other provision of this paragraph, the sale of individual Interval Ownership Units in the ordinary course of business shall not be subject to the requirements of this paragraph. 14.2 Successors and Assigns. The terms herein contained shall bind and inure to the benefit of the City, and its successors and assigns, and the Developer and, as applicable to the parties comprising Developer, their personal representatives, trustees, heirs, successors and assigns, except as may otherwise be specifically provided herein. SECTION 15. Minor Non-Compliance. The Developer will not be deemed to have failed to comply with the terms of this Agreement in the event such noncompliance, in the judgment of the City Manager, reasonably exercised, is of a minor or inconsequential nature. SECTION 16. Covenant of Cooperation. The parties shall cooperate with and deal with each other in good faith and assist each other in the performance of the provisions of this Agreement and in achieving the completion of development of the Property. SECTION 17. Approvals. Whenever an approval or consent is required under or contemplated by this Agreement such approval or consent shall not be unreasonably withheld, delayed or conditioned. All such approvals and consents shall be requested and granted in writing. Attachment number 2 \nPage 8 of 20 Item # 6 [A04-01420 /130684/2] 9 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 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. Attachment number 2 \nPage 9 of 20 Item # 6 [A04-01420 /130684/2] 10 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. As to Developer: In the Presence of: ______________________________ By:__________________________________ Print Name_____________________ President/Authorized Agent ______________________________ Print Name_____________________ 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: As to City: CITY OF CLEARWATER, FLORIDA By: ____ William B Horne II, City Manager Attest: __________________________________ Rosemarie Call, City Clerk Attachment number 2 \nPage 10 of 20 Item # 6 [A04-01420 /130684/2] 11 Countersigned: __________________________________ George N. 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 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 2 \nPage 11 of 20 Item # 6 [A04-01420 /130684/2] 12 EXHIBIT “A” Legal Description of Project Site Attachment number 2 \nPage 12 of 20 Item # 6 [A04-01420 /130684/2] 13 EXHIBIT “B” Concept Plan Attachment number 2 \nPage 13 of 20 Item # 6 [A04-01420 /130684/2] 14 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 ("Developer"). Developer is the owner of fee simple title to the real property described in Schedule 1 attached hereto and made a part hereof (hereinafter, the ("Real Property"). The City of Clearwater, Florida (the "City"), has amended its Comprehensive Plan to designate Clearwater Beach as a Community Redevelopment District pursuant to the Pinellas County Planning Council Rules in order to implement the provisions of Beach by Design, a plan for the revitalization of Clearwater Beach. The designation of Clearwater Beach as a Community Redevelopment District (the "Designation") provides for the allocation of Hotel Density Reserve Units as an incentive for the development of mid-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 2 \nPage 14 of 20 Item # 6 [A04-01420 /130684/2] 15 2.1.1 A minimum of Ninety-Three units, which is the number of hotel units allocated to Developer, shall be used solely for transient occupancy of one month or thirty (30) consecutive days or less, must be licensed as a public lodging establishment and classified as a hotel, and must be operated by a single licensed operator of the hotel. No such hotel unit shall be used as a primary or permanent residence. 2.1.2 All other 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. Attachment number 2 \nPage 15 of 20 Item # 6 [A04-01420 /130684/2] 16 As to Developer: In the Presence of: ______________________________ By:__________________________________ Print Name_____________________ President/Authorized Agent ______________________________ Print Name_____________________ 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: As to City: CITY OF CLEARWATER, FLORIDA By: ____ William B Horne II, City Manager Attest: __________________________________ Rosemarie Call, City Clerk Countersigned: __________________________________ George N. Cretekos, Mayor Attachment number 2 \nPage 16 of 20 Item # 6 [A04-01420 /130684/2] 17 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 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 2 \nPage 17 of 20 Item # 6 [A04-01420 /130684/2] 18 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 (“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 Units or shares of Units to be constructed as a part of the Project (the “Ownership Units”) (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 “Ownership Units” or Hotel Units are operated and occupied as part of the Project as a single unified project throughout the term of this Agreement and that the Project consist of no more than 52 “Ownership Units.” Developer agrees that the City shall have the right to enforce the terms and conditions of this Agreement. IN WITNESS WHEREOF, Developer has caused this Agreement to be executed this _____ day of ______________, 2013. Attachment number 2 \nPage 18 of 20 Item # 6 [A04-01420 /130684/2] 19 As to Developer: In the Presence of: ______________________________ By:__________________________________ Print Name_____________________ President/Authorized Agent ______________________________ Print Name_____________________ 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: CITY OF CLEARWATER, FLORIDA By: ____ William B Horne II, City Manager 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 Attachment number 2 \nPage 19 of 20 Item # 6 [A04-01420 /130684/2] 20 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 2 \nPage 20 of 20 Item # 6 Attachment number 3 \nPage 1 of 1 Item # 6 Attachment number 4 \nPage 1 of 15 Item # 6 Attachment number 4 \nPage 2 of 15 Item # 6 Attachment number 4 \nPage 3 of 15 Item # 6 Attachment number 4 \nPage 4 of 15 Item # 6 Attachment number 4 \nPage 5 of 15 Item # 6 Attachment number 4 \nPage 6 of 15 Item # 6 Attachment number 4 \nPage 7 of 15 Item # 6 Attachment number 4 \nPage 8 of 15 Item # 6 Attachment number 4 \nPage 9 of 15 Item # 6 Attachment number 4 \nPage 10 of 15 Item # 6 Attachment number 4 \nPage 11 of 15 Item # 6 Attachment number 4 \nPage 12 of 15 Item # 6 Attachment number 4 \nPage 13 of 15 Item # 6 Attachment number 4 \nPage 14 of 15 Item # 6 Attachment number 4 \nPage 15 of 15 Item # 6 Attachment number 5 \nPage 1 of 1 Item # 6 Attachment number 6 \nPage 1 of 4 Item # 6 Attachment number 6 \nPage 2 of 4 Item # 6 Attachment number 6 \nPage 3 of 4 Item # 6 Attachment number 6 \nPage 4 of 4 Item # 6 Looking south at existing WyndemGarden Hotel. Looking south with the WyndemGarden Hotel to the left and the Continental Tower to the right. 691 South GulfviewBoulevard HDA2013-08001 Looking west from subject property.Looking east from subject property. . Looking west at building heights from subject property. To the left is Continental Tower. The proposed Hampton Inn will be in the air space between the two palm trees. Looking north at commercial property across S. Gulfview from subject property. Attachment number 7 \nPage 1 of 1 Item # 6 1 REGIONAL CHAMBER YOt l t• ( 1,111111a Ct. 11 ". , .,•11 Rlnu'tl (f I)irrrl nr 1,; r.du ,rr 11,1111,,: = 11 1, 1.11'1,911.1 I'r 141‘• 111 t uunrll I CJ.1 ?Alt\ \ATERF1.OR! 1):A.OR(1 September 26, 2013 Iol (:le% eland Street Clearwater, II, 33751.) Dear Mayor Cretekos and Commissioners — p (727) rI(>I cart f (727) 449 -2S89 Please accept this as the Clearwater Regional Chamber of Commerce's official letter of support for the proposed project "The Views" which is planned for 691 S. Gulfview Blvd -- current location of the Wyndham Gardens. The Chamber has recently seen the plans and were we extremely impressed by them. We are very excited as we feel this is exactly the type of addition South Clearwater Beach so desperately needs. Enchantment, LLC is seeking approval for the addition of a mere 92 rooms from the density pool, given the age of the existing building we at the Chamber feel that this project could not have been proposed at a better time!! We truly love every thing about The Views" and with open arms welcome this new development to our beach. The 40 year old grand Hotel needs to be demolished as it is now an eyesore. Approving this project will only bring positive value to South Clearwater Beach. Not only will this project continue to draw the existing guests, who loyally return each year with their families, as it has in some cases become "family tradition ", hut The Views" will also undoubtedly draw new guests from all corners of the world. All of us here at Clearwater Chamber of Connneree are convinced that Clearwater Beach absolutely needs this project -- each and every business on South Beach — from owners to employees will reap profit simply by the City approving and seeing this project through fruition. It is our recommendation that the City do whatever is necessary to make sure that this project happens, for the sake of our beach. President and CEO Clearwater Regional Chamber of Commerce CLEARWATER REGIONAL CHAMBER OF COMMERCE Attachment number 8 \nPage 1 of 23 Item # 6 Elias Anastsopoulos South Beach Place 630 S. Gulfview Blvd. Clearwater, FL 33767 727 - 461 -9300 August 12, 2013 Office of the Mayor Offices of the City Council P.O. Box 4748 Clearwater, FL 33758 -4748 Dar Mayor and City Commissioners: I am writing to state that I fully support the proposed project "The Views" located at 691 S. Gulfview Blvd., Clearwater Beach, FL 33767. I am the owner of the properties opposite and diagonal to the subject property on both left and right sides. The current Wyndham Resort is obviously a wonderful location and is very well maintained. Despite all of this, the simple fact is that the current building is forty years old. The new project proposed has a great fresh look that I feel will not only revitalize the appearance of our beach but also our entire customer base. South Clearwater Beach needs "The Views." Our unique Clearwater Beach market needs this project. Should you have any questions with regards to my support of this project, please do not hesitate to contact me to confirm my full support. Sincerely, C_ Elias Anastsopoulos Attachment number 8 \nPage 2 of 23 Item # 6 Captain Bligh's Landing 630 S. Gulfview Blvd. Clearwater, Florida 33767 September 3, 2013 City of Clearwater 112 S. Osceola Ave. Clearwater, FI. Dear Mayor and City Commissioners: As a Clearwater Beach Business owner, I would like to voice my support of "The Views Project" at 691 S. Gulfview Blvd. We have many customers from the old Wyndham Hotel coming in to our miniature golf course. I myself have also occasionally enjoyed the Starbucks they have in their lobby. Although the hotel looks beautiful inside, it is still a 40 year old building that needs to be demolished to uplift the area. I strongly support "The Views Project ". Sincerely, Taso Anastasopoulos Attachment number 8 \nPage 3 of 23 Item # 6 To the Mayor and Commissioner's city of Clearwater Respected sirs, We are the owners of the Gondolier restaurant that is opposite the proposed project. Our restaurant has been in business for over 25 years at the same location. We have seen the Grand dame property in its state of grandeur when they used to have a piano bar, violin players and I_,eonora's tine steak house in the hotel. The building is now very old the current owners have done a very good job in refurbishing the inside both the rooms and the restaurant, bar, meeting rooms, patios, fitness center etc. The hotel guests have been our patrons quite often when they are not eating in the hotel . The property from our understanding is over 40 years old and needs to be demolished and redeveloped. This will also help our business as they plan to add over 90 additional rooms. We are by means of this letter asking you to grant then the additional rooms from the bonus pool as we definitely need this property to be redeveloped ,so that my neighborhood can keep up with the rest of Clearwater beach. Thanking you in anticipation of your support Owner Bill Sioutis 09/02/2013 Attachment number 8 \nPage 4 of 23 Item # 6 Elias Anastsopoulos E & A Properties 630 S. Gulfview Blvd. Clearwater, FL 33767 727 - 461 -9300 August 12, 2013 Office of the Mayor Offices of the City Council P.O. Box 4748 Clearwater, FL 33758 -4748 Dear Mayor and City Commissioners: I am writing to state that I fully support the proposed project "The Views" located at 691 S. Gulfview Blvd., Clearwater Beach, FL 33767. I am the owner of the properties opposite and diagonal to the subject property on both left and right sides. The current Wyndham Resort is obviously a wonderful location and is very well maintained. Despite all of this, the simple fact is that the current building is forty years old. The new project proposed has a great fresh look that I feel will not only revitalize the appearance of our beach but also our entire customer base. South Clearwater Beach needs "The Views." Our unique Clearwater Beach market needs this project. Should you have any questions with regards to my support of this project, please do not hesitate to contact me to confirm my full support. Sincerely, Elias Anastsopoulos Attachment number 8 \nPage 5 of 23 Item # 6 E &A, Inc. Bay Bazaar Plaza 790 S. Gulfview Blvd. Clearwater, Florida 33767 September 3, 2013 City of Clearwater 112 S. Osceola Ave. Clearwater, FI. Dear Mayor and City Commissioners: As you know I am a business owner on Clearwater Beach, Many of my tenants benefit from the Wyndham Hotel located at 691 S. Gulfview Blvd. including Cesare on the Beach restaurant , South Beach Salon and Goddess of Serenity Day Spa to name a few. I and my friends have also visited the property on many occasions enjoying the use of the fitness center, pool and of course the beautiful beach. Although the inside and beach area of the hotel is beautiful, the outside is old and dated. This is why I support the "Views Project" to demolish the outdated hotel and replace it with a new a modern and updated hotel, which the south end of Clearwater Beach visitors, business owners and residents will all benefit from. Sincerely, 4 -e,g; P Nicki Psaltis Attachment number 8 \nPage 6 of 23 Item # 6 Cesare At The Beach, 794 South Gulfview Blvd. Clearwater Beach, Fl. 33767 Clearwater Sept. 25`h1, 2013 Dear Mayor Cretekos and Commissioners, We would like to voice our support for the proposed project "The Views" which is planned for 691 S. Gulfview Blvd, in the current location of the Wyndham Gardens on South Clearwater Beach. We have looked at the renderings for the proposed project, asked questions, are pleased and look forward to seeing this project completed. We are sure that this project will bring additional revenues and additional clients to our fine dining restaurant. Enchantment is seeking approval for the addition of only 92 rooms from the density pool. Given the age of the existing building I agree that this project could not have been proposed at a better time!! Though the building is in good repair, 1 feel that Clearwater Beach could use the additional splendor of that proposed in the "Views ". A project such as this, will only bring positive revenue to our beach — not only to the "Views ", but also to every other local business — owners, operators, and staff alike. It is my recommendation that the City approves this project for the sake of our community. Sincerely, Carlo Venditto (Owner) Cesare at the Beach Clearwater Beach, FL File: Cityof Clrwtr Attachment number 8 \nPage 7 of 23 Item # 6 MAGNUSON HOTEL 421 S. Gulfview Blvd. Clearwater Beach, FL 33767 727) 447 -3464 www.magnusonclearwaterbeach.com September 26, 2013 City of Clearwater Dear Mayor Cretekos, City Commissioners: Please accept this letter of support for the proposed project "The Views "to be located at 691 South Gulfview Blvd., currently the Wyndham Gardens. After reviewing the rendering I was impressed by the detail and thought invested in the design. The hotel would be a wonderful addition to our beach. It is my view that new hotels that conform to Beach by Design standards that are replacing older structures will only enhance the entire beach community. Your consideration to this project would be appreciated. Sincerely, R.Co e President, Alanik Properties, LLC Magnuson Hotel Travelodge Inn & Suites Attachment number 8 \nPage 8 of 23 Item # 6 SALON soRTHAaH- 781 Bayway Blvd. Clearwater Beach, FL 33767 Office of the Mayor Offices of the City Council Clearwater City Hall, 3rd Floor 112 S. Osceola Ave. Clearwater, FL 33756 To Whom It May Concern: I own and operate "Salon Southbeach" which is located directly across the street from the current "Wyndham Garden on Clearwater Beach ". Please accept this letter as my show of support for the project "The Views" which has recently been submitted to the City. My salon is situated in a building that is unfortunately mostly vacant due to our struggling economy, I am of the opinion that the "Views" would not only bring revitalization to my building as far as enticing a more stable tenant base but also for the day to day client base of my salon. A larger hotel of a potentially higher brand would most definitely provide greater customer opportunities for all of the small business owners in the area. If you have any questions, I'd be happy to discuss my thoughts in greater detail. Regards, Operational Manager Y\/,iW< Attachment number 8 \nPage 9 of 23 Item # 6 BFICHSIDF BRILL & BAR Dear Mayor Cretekos and Councilmembers, I have had the opportunity to get a "look see" at the plans for the proposed project "The Views" on the south end of the beach. I believe Uday and his team has done an excellent job of following the guidelines established in Beach by Design. They have really come up with a concept that will be a nice addition to the south end and will complement the other projects that have been built, are being built and will be built in the future. To me, this is the kind of project that was envisioned when the room pool was established. I certainly understand the problems of maintaining older properties and I'm sure with one the size of the 40 year old Sea Wake /Wyndham — sorry — it will always be the Sea Wake to me — there comes a time when big changes must be made. The economic impact to the south end of the beach will be very large as well as the benefits to the tax base for Clearwater and Pinellas County through property and sales tax. I truly hope that you will encourage the planning department to give this project support and do what you can to make this happen. Clearwater Beach is winning many awards and, in many ways, I think that is in large part to the progressive things that you and your predecessors have moved forward. We didn't win a lot of awards prior to the redevelopment — if you know what I mean. I think that this project will be another addition to the wonderful inventory of quality properties we now have on our award winning beach. Please allow this project. It just makes sense. Ken Hamilton Palm Pavilion & Palm Pavilion Inn 10 Bay Esplanade • Clearwater Beach, FL 33767 127) 446 -2642 • fax (727) 446 -4255 • www.polmpavilion.com Attachment number 8 \nPage 10 of 23 Item # 6 StarLite Cruises A DIVERSE LINE OF PASSENGER VESSELS We have a cruise for you September 26, 2013 The Honorable George Cretekos, Mayor of Clearwater and Members of the City Council City of Clearwater P.O. Box 4748 Clearwater, FL 33758 -4748 Dear Mayor Cretekos and City Councilmembers: Please accept this as the StarLite Cruises official letter of support for the proposed project The Views" to be located at 691 S. Gulfview Boulevard — currently the Wyndham Gardens. I have seen the renderings and was impressed by the detail and thought invested in the design. I feel that this building will be a wonderful addition to our beach. The current hotel is very nice and well maintained by management, though 1 feel because of its age, the proposed "Views" will go a long way in reinforcing the new image that has been created by the forward thinking of Beach by Design. This new hotel will undoubtedly add an additional customer base and benefit our entire beach and downtown business community. It is our recommendation that the City do whatever is necessary to make sure that this project is seen to fruition for the continued revitalization and growth of our beach. Sincere PI M. H derson President /CEO StarLite Cruises Cruising St. Petersburg /Clearwater Since 1986 STARLITE DINING YACHTS * CALYPSO QUEEN SEA LIFE SAFARI * DOLPHIN RACER 25 Causeway Blvd., Slip #58, Clearwater, Florida 33767 • 727.462.2628 • Nationwide 800.444.4814 www.StarLiteCruises.com • Info @StarLiteCruises.com • Fax 727.446.4814 Attachment number 8 \nPage 11 of 23 Item # 6 Sep X013 Dear Mayor Cretekos and Commissioners - Please accept this as my letter of support for the proposed project "The Views" which is planned for 691 S. Gulfview Blvd (currently the Wyndham Garden). Havingseentherenderingsfortheproject, I feel this couldn't have come at a better time. Management has thankfully maintained the current building very well, though sadly herglorydayshavelonggone - we have come to the point where South Clearwater Beach needs this new development. "The Views" will undoubtedly increase revenue for Clearwater Beach as a whole, producing a natural "win- win" situation for the City, business owners /operators, and hospitality staff alike - our locals as well as our visitors will all enjoy the benefits of allowing this project. It is my recommendation that the City of Clearwater do whatever is necessary tomakesurethatthisprojecthappens, for the sake of our beach - we cannot afford to pass on this opportunity. Sincerely, O NE/ /apv4 ,r' 4 <.... sA., ! s J&bFe-t. o J err 'read - Attachment number 8 \nPage 12 of 23 Item # 6 September 30, 2013 To Mayor and City Commissioners, As an business owner and employee whose livelihood depends on the decisions made the City Council, we are Florida Beach Rentals and Sunstar Real Estate Are in support of the Project being proposed by the Wyndam hotel at 691 S Gulfview Blvd. We support giving the 92 rooms from the density pool to the project as a way of bringing more business to the Beaches Sincerely, Florida Beach Rentals Sunstar Real Estate 617 co-b-47 Attachment number 8 \nPage 13 of 23 Item # 6 September 30, 2013 To Mayor and City Commissioners, As a member of the Clearwater Beach community I fully support the Project being proposed by the Wyndam hotel at 691 S Gulfview Blvd. I support giving the 92 rooms from the density pool to the project as a way of bringing more business to the Beaches Sincerely, Paul Vonfeldt Attachment number 8 \nPage 14 of 23 Item # 6 Dear Mayor Cretekos and Commissioners — Please allow this to serve as my letter of support for "The Views" which is planned for 691 S. Gulfview Blvd — which is the current location of the Wyndham Gardens. I've seen the renderings for this project and think this addition to our beach would be wonderful for all of the local businesses including my own. It is my recommendation that the City do whatever is necessary to see this project thru to fruition. Sincerely, 7 e 7b-a 53 7 Attachment number 8 \nPage 15 of 23 Item # 6 Dear Mayor Cretekos and Commissioners — RE: Proposed 202 Room Hotel I've seen the renderings for this project and think this addition to our beach would be wonderful for all of the local businesses including my own. We believe that the proposed 202 room hotel will be advantagious to our business community. It is my recommendation that the City do whatever is necessary to see this project that to fruition. Sincerely, Jens Cavallius 136 Marina Del Rey Clearwater, FL 33767 Attachment number 8 \nPage 16 of 23 Item # 6 Dear Mayor Cretekos and Commissioners — Please allow this to serve as my letter of support for "The Views" which is planned for 691 S. Gulfview Blvd — which is the current location of the Wyndham Gardens. I've seen the renderings for this project and think this addition to our beach would be wonderful for all of the local businesses including my own. It is my recommendation that the City do whatever is necessary to see this project thru to fruition. Our shopping plaza would benefit greatly from this project. Sincerely rian Pelfrey 13(0 -11710,,,,, L-01 Pc-y ofx, 7C- T Attachment number 8 \nPage 17 of 23 Item # 6 Dear Mayor Cretekos and Commissioners, RE: 691 S. Gulfview Blvd. Please let this serve as my recommendation that the City approve this project. 1 live and work in Clearwater, and, until last year, operated my own real estate company here on Clearwater Beach. I believe that this project would be a great addition to our business community. Thank you, Jim Robbins e,6 ieIEa- D N sivl S u(,llvl' 7 _. Attachment number 8 \nPage 18 of 23 Item # 6 Coast to Coast 662 South Gulfview Boulevard Clearwater Beach, Florida 33767 Phone 727-462-2500 or 888 - 687 -2500 Fax 727 -446 -1514 To: Mayor George Cretekos and City Council members Regarding: "The Views" hotel Dear Sirs, This is a letter of support for the proposed hotel "The Views ", which would be located at 691 S. Gulfview Blvd., in Clearwater Beach. Currently, there is a Wyndam Garden located at that address, and the owner is proposing to tear it down to build "The Views ". The current Wyndam hotel that is currently located there is now 40 years old, and while the interior is quite nice and has been well maintained, the exterior of the building is not up to the same standard as the inside, and the options for upgrading the outside are limited. Building "The Views" in this location would provide a boon to not only the owner, but has the potential of providing a boon to other businesses in the area, as a newer building with first class amenities would appeal to and attract a wide variety of tourists and vistors to the area. We respectfully request that you allow this project to go forward through completion as the nicer we can make our city, the more we stand to gain by providing better services and increasing the demand for goods and services produced and provided by our local businesses. Sincerely, Madonna Steinlage Broker /Realtor® Century 21 Coast to Coast Century 21 i oa t: ch ullrcc r,; n100/nvir1,ruNp Wi,b ; to: Attachment number 8 \nPage 19 of 23 Item # 6 Support for The Views Dear Mayor Cretekos and Commissioners, Please accept this as my letter of support for the propsed project, "The Views" which is planned for 691 S. Gulfview Blvd (currently the Wyndham Garden). Having seent he renderings for the project, 1 feel this couldn't have come at a better time. Although managmenet has thankfully maintained the current building very well, we have come to the point where South Clearwater Beach NEEDS this new development. The Views" will undoubatedly increase revenue for Clearwater Beach as a whole, producing a natural win -win situation for the City of Clearwater, the business owners / operators, and hospitality staff alike. Our locals as well as our visitors will all enjoy the benefits of allowing this project. R is my recommendation that the City of Clearwater do whatever is necessary to make sure that this project happens. For the sake of our beach, we cannot afford to pass on this opportunity. Sin Rubin Jones, Tony Copa, and Luca Quatraro Owners of La Plage - Fine Dining Restaurant) Page 1 Attachment number 8 \nPage 20 of 23 Item # 6 Jeanne Horne September 27, 2013 Dear Mayor Cretekos and Commissioners — This letter is to communicate my support for the "The Views" Project at 691 S. Gulfview Blvd., Clearwater Beach I am a Clearwater Beach resident and am in full support of this project to enhance our local beach area. The renderings are exactly what this current hotel property needs for new development! The Views" will definitely increase the revenues for the City and business owners and benefit the locals /visitors as well! It is my highest recommendation that the City of Clearwater do whatever is necessary to approve this project. Our South Beach needs a facelift and this is the best opportunity to do so! Sincerely, Jeanne Horne 073116i max VA* propertle+ group Coastal Properties Group International, LLC Chrrstie s International Real Estate Clearwater Beach - Dunedin- Belleair -Palm Harbor 423 Mandalay Ave., Suite 102 Clearwater Beach, FL 33767 Cell 727 - 365 -1818 Fax 727 - 213 -6392 1111. •/ I II 411. 1.1 CHR 1ST IE'S Ills \1111)\At Itl \I lAlrA 11 Email Jeanne @JansenCoastal.com Web www.JansenCoastai.com Ranked by Wall Street Journal as # 1 team in Tampa Bay; Real Trends Report 2011 Web www.JansenCoastal.com www .ClearwaterBeachCondoDirectory .com www.GulfCoastHomesDirectory.com www .PinellasForeclosureDirectory .com www.NewPinellasListings.com 1 Attachment number 8 \nPage 21 of 23 Item # 6 Dear Mayor Cretekos and Commissioners, would like to offer my support for the planned project at 691 S Gulfview Blvd. I have seen this developers work and welcome change to South Beach to accent all the change given to North Beach. After all we are the gateway to Clearwater Beach coming from the south via gorgeous Sand Key. We are all looking forward to new development for South Beach which has been left behind. I have been in real estate for 23 years and am a 33 year resident and owner of multiple property on Clearwater beach which entails many tax dollars. Please help us revitalize South Beach, Sincerely, Michael Frankum Michael Frankum Cell: 727 -515 -0547 Coastal Properties Group CHRISTIE'S International Email: MICHAELFRANKUM @AOL.COM Veds properties group 1,0 1SnI,1111114114» CHRISTIE'S IN 11- 114 NAI- I4I.AI USIA11 Attachment number 8 \nPage 22 of 23 Item # 6 September 30, 2013 To Mayor and City Commissioners, I support giving the 92 rooms from the density pool to the Views project at 691 S Gulfview Blvd. Although hotel is well maintained, it is older and bring a bigger hotel to the Clearwater Beach area is supported by me as a member of the community. Sincerely, Lisa Bettner P)it(6 Attachment number 8 \nPage 23 of 23 Item # 6 City Council Agenda Council Chambers - City Hall Meeting Date:10/3/2013 SUBJECT / RECOMMENDATION: Amend the Community Development Code to require new members of the Community Development Board, the Code Enforcement Board, and the Building/Flood Board of Adjustment and Appeals to be registered voters, and pass Ordinance 8478-13 on first reading. SUMMARY: At the August 1, 2013 council meeting, Council discussed that members of the Community Development Board, Municipal Code Enforcement Board, and Building/Flood Board of Adjustment and Appeals have regulatory powers in the City and it was in the best interest of the City to ensure that members of these boards have shown a certain level of civic engagement. Staff was directed to pursue changes in the Code requiring newly appointed members of these boards be registered voters. Review Approval: Cover Memo Item # 7 Ordinance No. 8478-13 ORDINANCE NO. 8478-13 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, MAKING AMENDMENTS TO THE COMMUNITY DEVELOPMENT CODE BY AMENDING SECTION 5-202.C. TO REQUIRE NEW MEMBERS OF THE COMMUNITY DEVELOPMENT BOARD TO BE REGISTERED VOTERS; AMENDING SECTION 5-402.B. TO REQUIRE NEW MEMBERS OF THE CODE ENFORCEMENT BOARD TO BE REGISTERED VOTERS; AMENDING SECTION 47.031(4) TO REQUIRE NEW MEMBERS OF THE BUILDING/FLOOD BOARD OF ADJUSTMENT AND APPEALS TO BE REGISTERED VOTERS; PROVIDING AN EFFECTIVE DATE. WHEREAS, the members of the Community Development Board, Municipal Code Enforcement Board and Building/Flood Board of Adjustment and Appeals have regulatory powers in the City; and WHEREAS, it is in the best interests of the City to ensure that members of these boards have shown a certain level of civic engagement; now therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. Section 5-202 of the Community Development Code of the City of Clearwater is amended to read as follows: Section 5-202. Membership; terms; vacancies; removal. A. The community development board shall be composed of seven regular members and one alternate, who are residents of the city, to be appointed by the city commission. B. In making appointments to the community development board, the city commission shall seek a membership with diverse economic, social and professional representation and shall include members qualified and experienced in the fields of architecture, planning, landscape architecture, engineering, construction, planning and land use law and real estate. C. The regular members of the community development board shall serve at the pleasure of the city commission for four year terms with staggered initial terms so that no more than two terms shall expire in any calendar year. Members may be reappointed for one successive term. Appointments to fill any vacancy of the board shall be for the remainder of the unexpired term. Appointments to unexpired terms shall not count as one of the two terms for which a member is eligible for appointment, unless the unexpired terms is two years or more. The alternate community development board member shall serve at the pleasure of the city commission for a four year term and may be reappointed for one Attachment number 1 \nPage 1 of 3 Item # 7 Ordinance No. 8478-13 2 successive term. In the event the alternate member is appointed as a regular member, the term already served as an alternate shall not be consider part of the allowable term as a regular member. Effective November 1, 2013, any person appointed to the community development board will be required to be a registered voter. This provision does not apply to a reappointment of a current member of the community development board. An alternate member who is appointed to be a regular member will be required to be a registered voter. Any person who serves or has served on another board of the city who is appointed to the community development board will be required to be a registered voter. D. Any member failing to establish a regular attendance record at meetings of the board shall be subject to removal from the board in accordance with the provisions of section 2.066 of the city's code. Section 2. Section 5-402 of the Community Development Code of the City of Clearwater is amended to read as follows: Section 5-402. Membership; terms; transition; vacancies; removal. A. There shall be seven members of the code enforcement board to be appointed by the city commission who are residents of the city. Appointments shall be made on the basis of experience or interest in the subject matter jurisdiction of the code enforcement board and wherever possible shall include an architect, a business person, an engineer, a general contractor, a subcontractor and a realtor. B. The members of the code enforcement board shall serve at the pleasure of the city commission for three-year terms with staggered initial term. Two members for a term of one year each; three members for a term of two years each; and two members for a term of three years each. Members may be reappointed for one successive term. Appointments to fill any vacancy shall be for the remainder of the unexpired term. Effective November 1, 2013, any person appointed to code enforcement board will be required to be a registered voter. This provision does not apply to a reappointment of a current member of the code enforcement board. Any person who serves or has served on another board of the city who is appointed to the community development board will be required to be a registered voter. C. Any member failing to establish a regular attendance record at meetings shall be subject to removal from the board in accordance with the provisions of section 2.066 of the city's code. D. Members of the code enforcement board shall serve without compensation but shall be entitled to be reimbursed for such mileage expenses and per diem expenses as the city commission shall by ordinance authorize. Attachment number 1 \nPage 2 of 3 Item # 7 Ordinance No. 8478-13 3 Section 3. Section 47.031 of the Community Development Code of the City of Clearwater is amended to read as follows: Sec. 47.031. Created; membership; terms. (1) There is hereby established the building/flood board of adjustment and appeals, which shall consist of five members and one alternate member. The members of the board shall be appointed by the city manager. (2) Members of the board shall be persons with knowledge and experience with the technical codes adopted in this chapter, such as design professionals, contractors or building industry representatives. (3) A board member shall not act in a case in which the member has a personal or financial interest. (4) The term of office of a regular board member shall be four years. Vacancies shall be filled for an unexpired term by appointment by the city manager. Continued absence of any member from required meetings of the board shall, at the discretion of the city manager, render any such member subject to removal from office. The alternate member shall serve at the pleasure of the city manager for a four-year term. Effective November 1, 2013, any person appointed to the building/flood board of adjustment and appeals will be required to be a registered voter. This provision does not apply to a reappointment of a current member of the building/flood board of adjustment and appeals. An alternate member who is appointed to be a regular member will be required to be a registered voter. Any person who serves or has served on another board of the city who is appointed to the building/flood board of adjustment and appeals will be required to be a registered voter. Section 4. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING _____________________ PASSED ON SECOND AND FINAL _____________________ READING AND ADOPTED ___________________________ George N. Cretekos Mayor Approved as to form: Attest: __________________________ ____________________________ Pamela K. Akin Rosemarie Call City Attorney City Clerk Attachment number 1 \nPage 3 of 3 Item # 7 City Council Agenda Council Chambers - City Hall Meeting Date:10/3/2013 SUBJECT / RECOMMENDATION: Rescind Ordinance 4663-88, which contained an incorrect legal description; and pass Ordinance 8480-13 on first reading. (VAC2013-05) SUMMARY: Ordinance 8480-13 was passed and adopted by City Council on August 18, 1988 for the purpose of vacating a 15 ft. by 15 ft. portion of a sanitary sewer easement. The ordinance contained an error in the legal description. Ordinance 8480-13 will rescind the erroneous ordinance and vacate the easement portion as intended in 1988. Review Approval: Cover Memo Item # 8 [A04-01313 /125868/1] Ordinance No. 8480 -13 ORDINANCE NO. 8480-13 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, RESCINDING ORDINANCE 4663-88, AND VACATING THE NORTHERLY FIFTEEN (15) FEET OF AN EXISTING SANITARY SEWER EASEMENT RECORDED IN OFFICIAL RECORDS BOOK 3893, PAGE 138 OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA; PROVIDING AN EFFECTIVE DATE. WHEREAS, Ordinance 4663-88, passed and adopted by the City of Clearwater on September 1, 1988, contained an error in the legal description; and, WHEREAS, the intent of Ordinance 4663-88 was to vacate the easement area described in Exhibit “A” attached hereto and by this reference, made a part hereof; and WHEREAS, the City Council finds that the portion of said easement described in Exhibit “A” 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. Ordinance 4663-88, recorded in Official Records Book 3893, Page 138, is hereby rescinded and shall be of no further force and effect. Section 2. The following: A 15' x 15' portion of an existing sanitary sewer easement, as recorded in Official Records Book 3893, Page 138, of the public records of Pinellas County, Florida, said portion being described as follows: Start at the Southeast corner of Section 24, Township 29 South, Range 15 East, and run North along the East line of said Section 24, 1096.5 feet; thence run West 50 feet to the West line of Belcher Road; thence run North 89°07'11" West, (North 87°07'11" West as recorded) 350.0 feet; thence run North 00°01'41" West, 35 feet to a POINT OF BEGINNING; thence North 89°07'11" West, 15 feet; thence South 0 0°01'41" East, 15 feet; thence South 89°07'11" East, 15 feet; thence North 00°01'41" West, 15 feet, 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. Attachment number 1 \nPage 1 of 4 Item # 8 [A04-01313 /125868/1] Ordinance No. 8480 -13 Section 3. The City Clerk shall record this ordinance in the public records of Pinellas County, Florida, following adoption. Section 4. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING _________________________ PASSED ON SECOND AND FINAL READING AND ADOPTED _________________________ ______________________________ George N. Cretekos Mayor Approved as to form: Attest: ______________________________ ______________________________ Camilo A. Soto Rosemarie Call Assistant City Attorney City Clerk Attachment number 1 \nPage 2 of 4 Item # 8 We s t R / W L i n e West 50.0' 1ƒ : 35.0' Point of Beginning 1ƒ : 350.0' L1 L3 L4L2 Belleair Garden Apartments 44/04 Belcher Pines 44/05 44/02 15' Sanitary Easement OR 3893-138 44/01 No r t h 10 9 6 . 5 ' Point of Commencement Southeast Corner of Section 24, Township 29S, Range 15E Ea s t l i n e o f Se c t i o n 2 4 , T o w n s h i p 2 9 S , R a n g e 1 5 E L4 1ƒ : 6ƒ ( 6ƒ ( 1ƒ : Bearing Distance LINE TABLE L3 L2 L1 15.0' 15.0' 15.0' 15.0' Attachment number 1 \nPage 3 of 4 Item # 8 Legal Description: A 15' x 15' portion of an existing sanitary sewer easement, as recorded in Official Records Book 3893, Page 138, of the public records of Pinellas County, Florida, said portion being described as follows: Commence at the Southeast corner of Section 24, Township 29 South, Range 15 East, and run North along the East line of said Section 24, 1096.5 feet; thence run West 50 feet to the West line of Belcher Road; WKHQFHUXQ1RUWKƒ :HVW 1RUWKƒ :HVWDVUHFRUGHG in Official Records Book 3893, Page 138) 350.0 feet; thence run 1RUWKƒ :HVWIHHWWRD32,172)%(*,11,1* WKHQFH1RUWKƒ :HVWIHHWWKHQFH6RXWKƒ (DVW IHHWWKHQFH6RXWKƒ (DVWIHHWWKHQFH 1RUWKƒ :HVWIHHWWRWKH32,172)%(*,11,1* Attachment number 1 \nPage 4 of 4 Item # 8 ^ VACATIONLOCATION BE L C H E R R D BELLEAIR RD NURSERY RD BE V E R L Y D R CATALINA DR BARCELONA DR MA P L E F O R E S T R D ME A D O W D A L E D R EX E C U T I V E P L A C E D R RESE R V E B L V D P O I N C I A N A D R WISTFULL VISTA DR ORDINANCE NO. 8480-13 ²Prepared by:Engineering DepartmentGeographic Technology Division100 S. Myrtle Ave, Clearwater, FL 33756Ph: (727)562-4750, Fax: (727)526-4755www.MyClearwater.com CRM CHL N.T.S.316B 24-29s-15e09/10/2013Map Gen By:Reviewed By:S-T-R:Grid #:Date:Scale: Ord. No. 8480-13RESCINDING Ord. No. 4663-88VACATING SANITARY SEWER EASEMENT Path: V:\GIS\Engineering\Location Maps\BelleairGardens vacation.mxd Attachment number 2 \nPage 1 of 1 Item # 8 Attachment number 3 \nPage 1 of 1 Item # 8 City Council Agenda Council Chambers - City Hall Meeting Date:10/3/2013 SUBJECT / RECOMMENDATION: Continue to October 16, 2013: 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 2021 North Betty Lane (Lot 4, Block K, Brooklawn, in Section 3, Township 29 South, Range 15 East); and pass Ordinances 8469-13, 8470-13 and 8471-13 on second reading. (ANX2013-07023) SUMMARY: This voluntary annexation petition involves a 0.116-acre property consisting of one parcel of land occupied by a single-family dwelling. It is located on the east side of North Betty Lane approximately 150 feet south of Idlewild Drive. 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 west. 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 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 Cover Memo Item # 9 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 west; therefore, the annexation is consistent with Florida Statutes Chapter 171.044. Review Approval: Cover Memo Item # 9 S:\Planning Department\C D B\Annexations (ANX)\Active Cases\Betty Ln 2021 ANX2013-07023 - Snowball\Maps\ANX2013-07023 Location.doc [PROJECT SITE UNION ST BE T T Y L N KINGS HWY SUNS ET POINT RD HIGHLAND AVE BYRAM DR PALM ST STATE ST I D L E W I L D D R BERMUDA ST PO I N S E T T A A V E FLORA RD RIDG ELANE RD WOODLAWN TER WILSON RD PLATEAU RD ALPINE R D SPRING LN CHENAN GO AVE CA RLOS AVE FREEDOM DR CO LES RD BARBARA AVE ALOHA LN SED EEVA CIR MACOMBER AVE ERIN LN EVERGR EE N AVE BERTLAND WAY THE MALL STRATHMILL DR LAN TAN A AVE SYLVAN DR PINECREST WAY HIGHLAND CIR SPRING LN -N o t t o S c a l e - -N o t a S u r v e y - LOCATION MAP Owner: Snowball, Jeffrey Case: ANX2013-07023 Site: 2021 N. Betty Lane Property Size (Acres): 0.116 acres Land Use Zoning PIN: 03-29-15-12060-011-0040 From : To: RU R-4 RU LMDR Atlas Page: 251B Attachment number 1 \nPage 1 of 7 Item # 9 S:\Planning Department\C D B\Annexations (ANX)\Active Cases\Betty Ln 2021 ANX2013-07023 - Snowball\Maps\ANX2013-07023 Aerial.doc BE T T Y L N BE T T Y L N IDLEWILD DR IDLEWILD DR WOODLAWN TER WOODLAWN TER POINSETTA AVE POINSETTA AVE SEDEEVA CIR NSEDEEVA CIR N SHORE DR SHORE DR THE MALL THE MALL BERTLAND WAY BERTLAND WAY CHENANGO AVE CHENANGO AVE PINECREST WAY PINECREST WAY -N o t t o S c a l e - -N o t a S u r v e y - AERIAL MAP Owner: Snowball, Jeffrey Case: ANX2013-07023 Site: 2021 N. Betty Lane Property Size (Acres): 0.116 acres Land Use Zoning PIN: 03-29-15-12060-011-0040 From : To: RU R-4 RU LMDR Atlas Page: 251B Attachment number 1 \nPage 2 of 7 Item # 9 S:\Planning Department\C D B\Annexations (ANX)\Active Cases\Betty Ln 2021 ANX2013-07023 - Snowball\Maps\ANX2013-07023 Proposed Annexation.doc LAKE 60 60 60 60 60 60 6060 60 60 60 60 60 60 60 45 87.7 45 40 60 30 60 40 3 0 4 0 40 165 12060 28098 F G H K L M O O P A C E 2 3 8 9 12 TR "D" TRACT "B" 4 5 6 7 8 9 10 11 12 13 14 15 4 5 6 7 8 9 10 11 12 13 14 15 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 24 (25) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 6 7 8 9 10 11 314151617 12345678910111213 14 15 16 17 18 19 20 33 34 35 36 37 38394041424344 45 46 47 48 49 50 51 25 26 27 28 29 30 1112 13 14 15 16 17 18 19 20 21 22 23 24 5 6 7 8 9 10 11 12 13 14 151617 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 3 4 5 6 7 8 11 12 13 14 15 16 18 1 1 1 1 1 BE T T Y L N IDLEWILD DR W O O D L AW N T E R POINSETTA AVE BERMUDA ST SEDEEVA CIR N SHORE DR THE MALL BERTLAND WAY CHENANGO AVE 2040 2044 2014 2049 2000 2049 2053 2047 2048 13 1 0 13 0 0 2010 2020 2026 2028 13 1 0 13 0 0 1994 2025 2019 13 2 5 13 1 7 13 0 1 1979 1958 1960 1962 1964 12 9 0 12 8 8 12 8 4 12 8 0 12 7 6 12 7 4 1978 1974 12 8 7 12 7 9 12 7 5 12 7 3 12 7 1 12 6 7 1961 1963 196912 5 5 12 5 1 1278 1276 1274 1272 1270 1268 1266 1264 1260 1258 1256 1295 1291 1287 1283 1277 1273 1271 1267 1265 1261 1253 2022 2030 1291 1296 2021 2027 2020 2022 2026 1262 1260 1256 1252 1265 1261 1257 1290 1292 1284 1280 1272 1266 1260 1254 2044 1293 1279 1277 1271 1267 1265 1259 1255 1251 1247 1245 1981 1987 1980 2048 2050 1333 2035 2039 2017 2031 2025 2052 2063 2065 1992 1283 2024 2028 12861266 1250 1999 1997 1996 1995 2056 2043 2021 1966 2 0 1 5 -N o t t o S c a l e - -N o t a S u r v e y - PROPOSED ANNEXATION MAP Owner: Snowball, Jeffrey Case: ANX2013-07023 Site: 2021 N. Betty Lane Property Size (Acres): 0.116 acres Land Use Zoning PIN: 03-29-15-12060-011-0040 From : To: RU R-4 RU LMDR Atlas Page: 251B Attachment number 1 \nPage 3 of 7 Item # 9 S:\Planning Department\C D B\Annexations (ANX)\Active Cases\Betty Ln 2021 ANX2013-07023 - Snowball\Maps\ANX2013-07023 Future Land Use.doc RU RU RU RU RU RM P RU R/OS RU RURU RU RM RM RM RU RU RU RM RU RM RU RU RM RM RU RU RM WATER RU RU WATER RU BE T T Y L N IDLEWILD DR WOODLAWN TER POINSETTA AVE BERMUDA ST SEDEEVA CIR N SHORE DR BERTLAND WAY CHENANGO AVE 2040 2025 2044 2014 2049 2049 2053 2047 2048 2052 13 1 0 13 0 0 2063 2065 2010 2020 2026 2028 13 1 0 13 0 0 1992 1994 2025 13 0 1 1979 1958 1960 12 9 0 12 8 8 12 8 4 12 8 0 12 7 6 12 7 4 1978 1974 12 8 7 12 8 3 12 7 9 12 7 5 12 7 3 12 7 1 12 6 7 1961 1963 1969 12 5 5 12 5 1 1278 1276 1274 1272 1270 1268 1266 1264 1260 1258 1256 1295 1291 1287 12831277 1273 1271 1267 1265 1261 1253 2022 2024 2028 2030 1291 1296 1286 2021 2027 2020 2022 2026 1266 1262 1260 1256 1252 1265 1261 1257 1290 1292 1284 1280 1272 1266 1260 1254 1250 2044 1293 1279 1277 1271 1267 1265 1259 1255 1251 1247 1245 1999 1997 1981 1987 1996 1995 1980 2048 2050 2035 2039 2043 2017 1966 20312015 2000 2019 1325 1317 1962 1964 1333 2056 2021 -N o t t o S c a l e - -N o t a S u r v e y - FUTURE LAND USE MAP Owner: Snowball, Jeffrey Case: ANX2013-07023 Site: 2021 N. Betty Lane Property Size (Acres): 0.116 acres Land Use Zoning PIN: 03-29-15-12060-011-0040 From : To: RU R-4 RU LMDR Atlas Page: 251B RU Attachment number 1 \nPage 4 of 7 Item # 9 S:\Planning Department\C D B\Annexations (ANX)\Active Cases\Betty Ln 2021 ANX2013-07023 - Snowball\Maps\ANX2013-07023 Zoning.doc MD LMDR BE T T Y L N IDLEWILD DR WOODLAWN TER POINSETTA AVE BERMUDA ST SHORE DR THE MALL SEDEEVA CIR N BERTLAND WAY CHENANGO AVE PINECREST WAY LMDR MDR OS/R LMDR LMDR 2040 2025 2044 2049 2000 2047 2048 2052 13 1 0 13 0 0 2063 2065 2010 2020 2026 2028 13 1 0 13 0 0 1992 1994 2025 2019 13 2 5 13 1 7 13 0 1 1979 1958 1960 1962 1964 12 9 0 12 8 8 12 8 4 12 8 0 12 7 6 12 7 4 1978 1974 12 8 7 12 8 3 12 7 9 12 7 5 12 7 3 12 7 1 12 6 7 1961 1963 1969 12 5 5 1278 1276 1274 1272 1270 1268 1266 1264 1260 1258 1295 1291 1287 1283 1277 1273 1271 1267 1265 1261 1253 2022 2024 2028 2030 1291 1296 1286 2021 2027 2020 2022 2026 1266 1262 1260 1256 1265 1261 1290 1292 1284 1280 1272 1266 1260 1254 1250 2044 1293 1279 1277 1271 1267 1265 1259 1255 1251 1247 1999 1997 1981 1987 1996 1995 1980 2048 2050 1333 2035 2039 2043 2017 1966 20312015 LMDR 2014 2057 2049 2053 1256 1252 1257 2056 2021 -N o t t o S c a l e - -N o t a S u r v e y - ZONING MAP Owner: Snowball, Jeffrey Case: ANX2013-07023 Site: 2021 N. Betty Lane Property Size (Acres): 0.116 acres Land Use Zoning PIN: 03-29-15-12060-011-0040 From : To: RU R-4 RU LMDR Atlas Page: 251B LMDR  Attachment number 1 \nPage 5 of 7 Item # 9 S:\Planning Department\C D B\Annexations (ANX)\Active Cases\Betty Ln 2021 ANX2013-07023 - Snowball\Maps\ANX2013-07023 Existing Surrounding Use.doc LAKE 60 60 60 60 60 60 6060 60 60 60 60 60 60 60 45 87.7 45 40 60 30 60 40 3 0 4 0 40 165 12060 28098 F G H K L M O O P A C E 2 3 8 9 12 TR "D" TRACT "B" 4 5 6 7 8 9 10 11 12 13 14 15 4 5 6 7 8 9 10 11 12 13 14 15 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 24 (25) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 6 7 8 9 10 11 314151617 12345678910111213 14 15 16 17 18 19 20 33 34 35 36 37 38394041424344 45 46 47 48 49 50 51 25 26 27 28 29 30 1112 13 14 15 16 17 18 19 20 21 22 23 24 5 6 7 8 9 10 11 12 13 14 151617 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 3 4 5 6 7 8 11 12 13 14 15 16 18 1 1 1 1 1 BE T T Y L N IDLEWILD DR W O O D L AW N T E R POINSETTA AVE BERMUDA ST SEDEEVA CIR N SHORE DR THE MALL BERTLAND WAY CHENANGO AVE 2040 2044 2014 2049 2000 2049 2053 2047 2048 13 1 0 13 0 0 2010 2020 2026 2028 13 1 0 13 0 0 1994 2025 2019 13 2 5 13 1 7 13 0 1 1979 1958 1960 1962 1964 12 9 0 12 8 8 12 8 4 12 8 0 12 7 6 12 7 4 1978 1974 12 8 7 12 7 9 12 7 5 12 7 3 12 7 1 12 6 7 1961 1963 196912 5 5 12 5 1 1278 1276 1274 1272 1270 1268 1266 1264 1260 1258 1256 1295 1291 1287 1283 1277 1273 1271 1267 1265 1261 1253 2022 2030 1291 1296 2021 2027 2020 2022 2026 1262 1260 1256 1252 1265 1261 1257 1290 1292 1284 1280 1272 1266 1260 1254 2044 1293 1279 1277 1271 1267 1265 1259 1255 1251 1247 1245 1981 1987 1980 2048 2050 1333 2035 2039 2017 2031 2025 2052 2063 2065 1992 1283 2024 2028 12861266 1250 1999 1997 1996 1995 2056 2043 2021 1966 2 0 1 5 -N o t t o S c a l e - -N o t a S u r v e y - EXISTING SURROUNDING USES MAP Owner: Snowball, Jeffrey Case: ANX2013-07023 Site: 2021 N. Betty Lane Property Size (Acres): 0.116 acres Land Use Zoning PIN: 03-29-15-12060-011-0040 From : To: RU R-4 RU LMDR Atlas Page: 251B Single Family Homes Single Family Homes Vacant Attachment number 1 \nPage 6 of 7 Item # 9 ANX2013-07023 Snowball, Jeffrey 2021 N. Betty Lane View looking east at the subject property, 2021 N Betty Lane South of the subject property Across the street, to the west of the subject property North of the subject property View looking northerly along Betty Lane View looking southerly along Betty Lane Attachment number 1 \nPage 7 of 7 Item # 9 Ordinance No. 8469 -13 ORDINANCE NO. 8469-13 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTY LOCATED ON THE EAST SIDE OF NORTH BETTY LANE APPROXIMATELY 150 FEET SOUTH OF IDLEWILD DRIVE, CONSISTING OF LOT 4, BLOCK K, BROOKLAWN, WHOSE POST OFFICE ADDRESS IS 2021 NORTH BETTY 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: Lot 4, Block K, Brooklawn, according to the Plat thereof recorded in Plat Book 13, Page 59, Public Records of Pinellas County, Florida. (ANX2013-07023) 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 # 9 Ordinance No. 8469 -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 # 9 Attachment number 2 \nPage 3 of 8 Item # 9 Ordinance No. 8470-13 ORDINANCE NO. 8470-13 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 EAST SIDE OF NORTH BETTY LANE APPROXIMATELY 150 FEET SOUTH OF IDLEWILD DRIVE, CONSISTING OF LOT 4, BLOCK K, BROOKLAWN, WHOSE POST OFFICE ADDRESS IS 2021 NORTH BETTY 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 Lot 4, Block K, Brooklawn, according to the Plat Residential Urban (RU) Book thereof recorded in Plat Book 13, Page 59, Public Records of Pinellas County, Florida. (ANX2013-07023) 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. 8469-13. 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 # 9 Attachment number 2 \nPage 5 of 8 Item # 9 Ordinance No. 8471-13 ORDINANCE NO. 8471-13 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY ZONING CERTAIN REAL PROPERTY LOCATED ON THE EAST SIDE OF NORTH BETTY LANE APPROXIMATELY 150 FEET SOUTH OF IDLEWILD DRIVE, CONSISTING OF LOT 4, BLOCK K, BROOKLAWN, WHOSE POST OFFICE ADDRESS IS 2021 NORTH BETTY 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 Lot 4, Block K, Brooklawn, according to the Low Medium Plat thereof recorded in Plat Book 13, Page Density 59, Public Records of Pinellas County, Florida. Residential (LMDR) (ANX2013-07023) 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. 8469-13. PASSED ON FIRST READING ___________________________ PASSED ON SECOND AND FINAL ___________________________ READING AND ADOPTED _______________________________ George N. Cretekos Mayor Attachment number 2 \nPage 6 of 8 Item # 9 Ordinance No. 8471-13 Approved as to form: Attest: __________________________ ______________________________ Leslie K. Dougall-Sides Rosemarie Call Assistant City Attorney City Clerk Attachment number 2 \nPage 7 of 8 Item # 9 Attachment number 2 \nPage 8 of 8 Item # 9 City Council Agenda Council Chambers - City Hall Meeting Date:10/3/2013 SUBJECT / RECOMMENDATION: Adopt Ordinance 8435-13 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 1569 and 1571 Sunset Point Road from Residential Low (RL) to Residential Urban (RU). SUMMARY: Review Approval: Cover Memo Item # 10 Ordinance No.8435 -13 ORDINANCE NO. 8435-13 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 REAL PROPERTY LOCATED ON THE SOUTHEASTERN CORNER OF THE INTERSECTION OF EAST DRIVE AND SUNSET POINT ROAD, APPROXIMATELY ¼ MILE EAST OF NORTH HIGHLAND AVENUE, CONSISTING OF LOT 1, BLOCK A, CLEARWATER HIGHLANDS UNIT A, ACCORDING TO THE MAP OR PLAT THEREOF AS RECORDED IN PLAT BOOK 28, AT PAGE 95, OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA, WHOSE POST OFFICE ADDRESS IS 1569 AND 1571 SUNSET POINT ROAD; FROM RESIDENTIAL LOW (RL), TO 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 as follows: Property Land Use Category Lot 1, Block A, Clearwater Highlands From: Residential Low (RL) Unit A, according to the map or plat thereof As recorded in Plat Book 28, Page 95 of the Public Records of Pinellas County, Florida. To: Residential Urban (RU) (LUP2013-06003) 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, 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 Attachment number 1 \nPage 1 of 2 Item # 10 Ordinance No.8435 -13 § 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 ___________________________ George N. Cretekos Mayor Approved as to form: Attest: ____________________________ ___________________________ Leslie K. Dougall-Sides Rosemarie Call Assistant City Attorney City Clerk Attachment number 1 \nPage 2 of 2 Item # 10 Attachment number 2 \nPage 1 of 1 Item # 10 City Council Agenda Council Chambers - City Hall Meeting Date:10/3/2013 SUBJECT / RECOMMENDATION: Adopt Ordinance 8439-13 on second reading, annexing certain real property whose post office address is 1974 North Betty 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 # 11 Ordinance No. 8439 -13 ORDINANCE NO. 8439-13 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTY LOCATED ON THE WEST SIDE OF NORTH BETTY LANE APPROXIMATELY 51 FEET NORTH OF BERTLAND WAY, CONSISTING OF LOT 34, FLORADEL SUBDIVISION, WHOSE POST OFFICE ADDRESS IS 1974 NORTH BETTY 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: Lot 34, of Floradel Subdivision, according to the Plat thereof, as recorded in Plat Book 15, Page 7, of the Public Records of Pinellas County, Florida. (ANX2013-06013) 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 # 11 Ordinance No. 8439 -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 # 11 Attachment number 2 \nPage 1 of 1 Item # 11 City Council Agenda Council Chambers - City Hall Meeting Date:10/3/2013 SUBJECT / RECOMMENDATION: Adopt Ordinance 8440-13 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 1974 North Betty Lane, upon annexation into the City of Clearwater, as Residential Urban (RU). SUMMARY: Review Approval: Cover Memo Item # 12 Ordinance No.8440 -13 ORDINANCE NO. 8440-13 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 THE WEST SIDE OF NORTH BETTY LANE APPROXIMATELY 51 FEET NORTH OF BERTLAND WAY, CONSISTING OF LOT 34, FLORADEL SUBDIVISION, WHOSE POST OFFICE ADDRESS IS 1974 NORTH BETTY 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 Lot 34, of Floradel Subdivision, according Residential Urban (RU) to the Plat thereof, as recorded in Plat Book 15, Page 7 of the Public Records of Pinellas County, Florida. (ANX2013-06013) 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. 8439-13. 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 # 12 Attachment number 2 \nPage 1 of 1 Item # 12 City Council Agenda Council Chambers - City Hall Meeting Date:10/3/2013 SUBJECT / RECOMMENDATION: Adopt Ordinance 8441-13 on second reading, amending the Zoning Atlas of the city by zoning certain real property whose post office address is 1974 North Betty Lane, upon annexation into the City of Clearwater, as Low Medium Density Residential (LMDR). SUMMARY: Review Approval: Cover Memo Item # 13 Ordinance No. 8441-13 ORDINANCE NO. 8441-13 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY ZONING CERTAIN REAL PROPERTY LOCATED THE WEST SIDE OF NORTH BETTY LANE APPROXIMATELY 51 FEET NORTH OF BERTLAND WAY, CONSISTING OF LOT 34, FLORADEL SUBDIVISION, WHOSE POST OFFICE ADDRESS IS 1974 NORTH BETTY 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 Lot 34, of Floradel Subdivision, according Low Medium to the Plat thereof, as recorded in Plat Density Resi- Book 15, Page 7 of the Public Records dential (LMDR) Of Pinellas County, Florida. (ANX2013-06013) 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. 8439-13. PASSED ON FIRST READING ___________________________ PASSED ON SECOND AND FINAL ___________________________ READING AND ADOPTED Attachment number 1 \nPage 1 of 2 Item # 13 Ordinance No. 8441-13 _______________________________ 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 # 13 Attachment number 2 \nPage 1 of 1 Item # 13 City Council Agenda Council Chambers - City Hall Meeting Date:10/3/2013 SUBJECT / RECOMMENDATION: Adopt Ordinance 8442-13 on second reading, annexing certain real property whose post office address is 2079 Lantana Avenue 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. 8442 -13 ORDINANCE NO. 8442-13 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTY LOCATED ON THE EAST SIDE OF LANTANA AVENUE APPROXIMATELY 114 FEET SOUTH OF UNION STREET, CONSISTING OF LOT 10, BLOCK D, BROOKLAWN, WHOSE POST OFFICE ADDRESS IS 2079 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 10, Block D, Brooklawn, according to the map or plat thereof in Plat Book 13, Page 59 of the Public Records of Pinellas County, Florida. (ANX2013-06015) 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 # 14 Ordinance No. 8442 -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 # 14 Attachment number 2 \nPage 1 of 1 Item # 14 City Council Agenda Council Chambers - City Hall Meeting Date:10/3/2013 SUBJECT / RECOMMENDATION: Adopt Ordinance 8443-13 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 2079 Lantana Avenue, upon annexation into the City of Clearwater, as Residential Urban (RU). SUMMARY: Review Approval: Cover Memo Item # 15 Ordinance No.8443 -13 ORDINANCE NO. 8443-13 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 EAST SIDE OF LANTANA AVENUE APPROXIMATELY 114 FEET SOUTH OF UNION STREET, CONSISTING OF LOT 10, BLOCK D, BROOKLAWN, WHOSE POST OFFICE ADDRESS IS 2079 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 10, Block D, Brooklawn, according to the Residential Urban (RU) map or plat thereof in Plat Book 13, Page 59 of the Public Records of Pinellas County, Florida. (ANX2013-06015) 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. 8442-13. 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:10/3/2013 SUBJECT / RECOMMENDATION: Adopt Ordinance 8444-13 on second reading, amending the Zoning Atlas of the city by zoning certain real property whose post office address is 2079 Lantana Avenue, upon annexation into the City of Clearwater, as Low Medium Density Residential (LMDR). SUMMARY: Review Approval: Cover Memo Item # 16 Ordinance No.8444 -13 ORDINANCE NO. 8444-13 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY ZONING CERTAIN REAL PROPERTY LOCATED ON THE EAST SIDE OF LANTANA AVENUE APPROXIMATELY 114 FEET SOUTH OF UNION STREET, CONSISTING OF LOT 10, BLOCK D, BROOKLAWN, WHOSE POST OFFICE ADDRESS IS 2079 LANTANA AVENUE, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS LOW MEDIUM DENSITY RESIDENITAL (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 10, Block D, Brooklawn, according Low Medium to the map or plat thereof in Plat Density Book 13, Page 59 of the Public Records Residential (LMDR) of Pinellas County, Florida. (ANX2013-06015) 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. 8442-13. PASSED ON FIRST READING ___________________________ PASSED ON SECOND AND FINAL ___________________________ READING AND ADOPTED _______________________________ George N. Cretekos Mayor Attachment number 1 \nPage 1 of 2 Item # 16 Ordinance No.8444 -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 # 16 Attachment number 2 \nPage 1 of 1 Item # 16 City Council Agenda Council Chambers - City Hall Meeting Date:10/3/2013 SUBJECT / RECOMMENDATION: Adopt Ordinance 8445-13 on second reading, annexing certain real property whose post office address is 1949 Chenango Avenue, together with all right of way of Bertland Way abutting the North half of Lots 24 and 25 and abutting Lots 26 through 32 of Floradel Subdivision, including the intersection of Betty Lane and Bertland 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. 8445-13 ORDINANCE NO. 8445-13 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTY LOCATED ON THE SOUTHEAST CORNER OF CHENANGO AVENUE AND BERTLAND WAY, CONSISTING OF THE NORTH ONE-HALF OF LOTS 24 AND 25, FLORADEL SUBDIVISION, WHOSE POST OFFICE ADDRESS IS 1949 CHENANGO AVENUE, TOGETHER WITH ALL RIGHT OF WAY OF BERTLAND WAY ABUTTING THE NORTH HALF OF LOTS 24 AND 25 AND ABUTTING LOTS 26 THRU 32 OF SAID FLORADEL SUBDIVISION, INCLUDING THE INTERSECTION OF BETTY LANE AND BERTLAND 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: The North One-half (N ½) of Lots 24 and 25, Floradel Subdivision, ac- cording to map or plat thereof as recorded in Plat Book 15, Page 7, of the Public Records of Pinellas County, Florida; together with all right of way of Bertland Way abutting the North Half (N1/2) of Lots 24 & 25 and abutting Lots 26 thru 32 of said Floradel Subdivision, including the intersection of Betty Lane and Bertland Way. (ANX2013-06014) 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. Attachment number 1 \nPage 1 of 2 Item # 17 Ordinance No. 8445-13 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 ________________________________ 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:10/3/2013 SUBJECT / RECOMMENDATION: Adopt Ordinance 8446-13 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 1949 Chenango Avenue, together with all right of way of Bertland Way abutting the North half of Lots 24 and 25 and abutting Lots 26 through 32 of Floradel Subdivision, including the intersection of Betty Lane and Bertland Way, upon annexation into the City of Clearwater, as Residential Urban (RU). SUMMARY: Review Approval: Cover Memo Item # 18 Ordinance No. 8446-13 ORDINANCE NO. 8446 -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 SOUTHEAST CORNER OF CHENANGO AVENUE AND BERTLAND WAY, CONSISTING OF THE NORTH ONE-HALF OF LOTS 24 AND 25, FLORADEL SUBDIVISION, WHOSE POST OFFICE ADDRESS IS 1949 CHENANGO AVENUE, TOGETHER WITH ALL RIGHTS OF WAY OF BERTLAND WAY ABUTTING THE NORTH HALF OF LOTS 24 AND 25 AND ABUTTING LOTS 26 THRU 32 OF SAID FLORADEL SUBDIVISION, INCLUDING THE INTERSECTION OF BETTY LANE AND BERTLAND WAY, INTO THE CORPORATE LIMITS OF THE CITY, AND REDEFINING THE BOUNDARY LINES OF THE CITY TO INCLUDE SAID ADDITION, AS RESIDENTIAL URBAN (RU); PROVIDING AN EFFECTIVE DATE. WHEREAS, the amendment to the future land use plan element of the comprehensive plan of the City as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's comprehensive plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The future land use plan element of the comprehensive plan of the City of Clearwater is amended by designating the land use category for the hereinafter described property, upon annexation into the City of Clearwater, as follows: Property Land Use Category The North One-half (N ½) of Lots 24 and 25, Residential Urban (RU) Floradel Subdivision, according to map or plat thereof as recorded in Plat Book 15, Page 7, of the Public Records of Pinellas County, Florida; together with all right of way of Bertland Way abutting the North Half (N1/2) of Lots 24 & 25 and abutting Lots 26 thru 32 of said Floradel Subdivision, including the intersection of Betty Lane and Bertland Way. (ANX2013-06014) 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. 8445-13. Attachment number 1 \nPage 1 of 2 Item # 18 Ordinance No. 8446-13 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 # 18 Attachment number 2 \nPage 1 of 1 Item # 18 City Council Agenda Council Chambers - City Hall Meeting Date:10/3/2013 SUBJECT / RECOMMENDATION: Adopt Ordinance 8447-13 on second reading, amending the Zoning Atlas of the city by zoning certain real property whose post office address is 1949 Chenango Avenue, together with all right of way of Bertland Way abutting the North half of Lots 24 and 25 and abutting Lots 26 through 32 of Floradel Subdivision, including the intersection of Betty Lane and Bertland Way, upon annexation into the City of Clearwater, as Low Medium Density Residential (LMDR). SUMMARY: Review Approval: Cover Memo Item # 19 Ordinance No. 8447-13 ORDINANCE NO. 8447-13 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY ZONING CERTAIN REAL PROPERTY LOCATED ON THE SOUTHEAST CORNER OF CHENANGO AVENUE AND BERTLAND WAY, CONSISTING OF THE NORTH ONE-HALF OF LOTS 24 AND 25, FLORADEL SUBDIVISION, WHOSE POST OFFICE ADDRESS IS 1949 CHENANGO AVENUE, TOGETHER WITH ALL RIGHT OF WAY OF BERTLAND WAY ABUTTING THE NORTH HALF OF LOTS 24 AND 25 AND ABUTTING LOTS 26 THRU 32 OF SAID FLORADEL SUBDIVISION, INCLUDING THE INTERSECTION OF BETTY LANE AND BERTLAND WAY, INTO THE CORPORATE LIMITS OF THE CITY, AND REDEFINING THE BOUNDARY LINES OF THE CITY TO INCLUDE SAID ADDITION, AS LOW MEDIUM DENSITY RESIDENTIAL (LMDR); PROVIDING AN EFFECTIVE DATE. WHEREAS, the assignment of a zoning district classification as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's comprehensive plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following described property located in Pinellas County, Florida, is hereby zoned as indicated upon annexation into the City of Clearwater, and the zoning atlas of the City is amended, as follows: Property Zoning District The North one-half (N ½) of Lots 24 and 25, Low Medium Floradel Subdivision, according to map or plat Density thereof as recorded in Plat Book 15, Page 7, Residential (LMDR) of the Public Records of Pinellas County, Florida; together with all right of way of Bertland Way abutting the North Half (N1/2) of Lots 24 & 25 and abutting Lots 26 thru 32 of said Floradel Subdivision, including the Intersection of Betty Lane and Bertland Way . (ANX2013-06014) 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. Attachment number 1 \nPage 1 of 2 Item # 19 Ordinance No. 8447-13 Section 3. This ordinance shall take effect immediately upon adoption, contingent upon and subject to the adoption of Ordinance No. 8445-13. 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 # 19 Attachment number 2 \nPage 1 of 1 Item # 19 City Council Agenda Council Chambers - City Hall Meeting Date:10/3/2013 SUBJECT / RECOMMENDATION: Adopt Ordinance 8448-13 on second reading, annexing certain real property whose post office address is 1274 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. 8448 -13 ORDINANCE NO. 8448-13 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTY LOCATED ON THE NORTH SIDE OF PALM STREET APPROXIMATELY 153 FEET WEST OF NORTH BETTY LANE, CONSISTING OF LOT 10, KNIGHT’S ACRES, WHOSE POST OFFICE ADDRESS IS 1274 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 10, Knight’s Acres, according to the map or plat thereof, recorded In Plat Book 11, Page 67 of the Public Records of Pinellas County, Florida. (ANX2013-06016) 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. 8448 -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:10/3/2013 SUBJECT / RECOMMENDATION: Adopt Ordinance 8449-13 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 1274 Palm Street, upon annexation into the City of Clearwater, as Residential Urban (RU). SUMMARY: Review Approval: Cover Memo Item # 21 Ordinance No.8449 -13 ORDINANCE NO. 8449-13 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 153 FEET WEST OF NORTH BETTY LANE, CONSISTING OF LOT 10, KNIGHT’S ACRES, WHOSE POST OFFICE ADDRESS IS 1274 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 10, Knight’s Acres, according to the map or Residential Urban (RU) Plat thereof, recorded in Plat Book 11, Page 67 of the Public Records of Pinellas County, Florida. (ANX2013-06016) 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. 8448-13. 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:10/3/2013 SUBJECT / RECOMMENDATION: Adopt Ordinance 8450-13 on second reading, amending the Zoning Atlas of the city by zoning certain real property whose post office address is 1274 Palm Street, upon annexation into the City of Clearwater, as Low Medium Density Residential (LMDR). SUMMARY: Review Approval: Cover Memo Item # 22 Ordinance No. 8450 -13 ORDINANCE NO. 8450-13 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 153 FEET WEST OF NORTH BETTY LANE, CONSISTING OF LOT 10, KNIGHT’S ACRES, WHOSE POST OFFICE ADDRESS IS 1274 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 10, Knight’s Acres, according to the map or Low Medium Plat thereof, recorded in Plat Book 11, Page 67 Density of the Public Records of Pinellas County, Residential (LMDR) Florida. (ANX2013-06016) 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. 8448-13. PASSED ON FIRST READING ___________________________ PASSED ON SECOND AND FINAL ___________________________ READING AND ADOPTED Attachment number 1 \nPage 1 of 2 Item # 22 Ordinance No. 8450 -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 # 22 Attachment number 2 \nPage 1 of 1 Item # 22 City Council Agenda Council Chambers - City Hall Meeting Date:10/3/2013 SUBJECT / RECOMMENDATION: Adopt Ordinance 8451-13 on second reading, annexing certain real property whose post office address is 1206 Sheridan Road into the corporate limits of the city and redefining the boundary lines of the city to include said addition. SUMMARY: Review Approval: Cover Memo Item # 23 Ordinance No. 8451 -13 ORDINANCE NO. 8451-13 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTY LOCATED ON THE NORTH SIDE OF SHERIDAN ROAD APPROXIMATELY 136 FEET EAST OF DOUGLAS AVENUE, CONSISTING OF LOT 3, BLOCK 2, SUNSET KNOLL, WHOSE POST OFFICE ADDRESS IS 1206 SHERIDAN ROAD, INTO THE CORPORATE LIMITS OF THE CITY, AND REDEFINING THE BOUNDARY LINES OF THE CITY TO INCLUDE SAID ADDITION; PROVIDING AN EFFECTIVE DATE. WHEREAS, the owner of the real property described herein and depicted on the map attached hereto as Exhibit A has petitioned the City of Clearwater to annex the property into the City pursuant to Section 171.044, Florida Statutes, and the City has complied with all applicable requirements of Florida law in connection with this ordinance; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following-described property is hereby annexed into the City of Clearwater and the boundary lines of the City are redefined accordingly: Lot 3, Block 2, Sunset Knoll Subdivision according to map or plat thereof as recorded in Plat Book 24, Page 26, of the Public Records of Pinellas County, Florida. (ANX2013-06017) 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 # 23 Ordinance No. 8451 -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 # 23 Attachment number 2 \nPage 1 of 1 Item # 23 City Council Agenda Council Chambers - City Hall Meeting Date:10/3/2013 SUBJECT / RECOMMENDATION: Adopt Ordinance 8452-13 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 1206 Sheridan Road, upon annexation into the City of Clearwater, as Residential Urban (RU). SUMMARY: Review Approval: Cover Memo Item # 24 Ordinance No. 8452-13 ORDINANCE NO. 8452-13 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 SHERIDAN ROAD APPROXIMATELY 136 FEET EAST OF DOUGLAS AVENUE, CONSISTING OF LOT 3, BLOCK 2, SUNSET KNOLL, WHOSE POST OFFICE ADDRESS IS 1206 SHERIDAN ROAD, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS RESIDENTIAL URBAN (RU); PROVIDING AN EFFECTIVE DATE. WHEREAS, the amendment to the future land use plan element of the comprehensive plan of the City as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's comprehensive plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The future land use plan element of the comprehensive plan of the City of Clearwater is amended by designating the land use category for the hereinafter described property, upon annexation into the City of Clearwater, as follows: Property Land Use Category Lot 3, Block 2, Sunset Knoll Subdivision Residential Urban (RU) according to map or plat thereof as recorded in Plat Book 24, Page 26, of the Public Records of Pinellas County, Florida. (ANX2013-06017) 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. 8451-13. 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:10/3/2013 SUBJECT / RECOMMENDATION: Adopt Ordinance 8453-13 on second reading, amending the Zoning Atlas of the city by zoning certain real property whose post office address is 1206 Sheridan Road, upon annexation into the City of Clearwater, as Low Medium Density Residential (LMDR). SUMMARY: Review Approval: Cover Memo Item # 25 Ordinance No. 8453-13 ORDINANCE NO. 8453-13 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 SHERIDAN ROAD APPROXIMATELY 136 FEET EAST OF DOUGLAS AVENUE, CONSISTING OF LOT 3 BLOCK 2, SUNSET KNOLL, WHOSE POST OFFICE ADDRESS IS 1206 SHERIDAN ROAD, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS LOW MEDIUM DENSITY RESIDENTIAL (LMDR); PROVIDING AN EFFECTIVE DATE. WHEREAS, the assignment of a zoning district classification as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's comprehensive plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following described property located in Pinellas County, Florida, is hereby zoned as indicated upon annexation into the City of Clearwater, and the zoning atlas of the City is amended, as follows: Property Zoning District Lot 3, Block 2, Sunset Knoll Subdivision Low Medium according to map or plat thereof as recorded in Density Plat Book 24, Page 26 of the Public Records of Residential (LMDR) Pinellas County, Florida. (ANX2013-06017) 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. 8451-13. 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. 8453-13 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:10/3/2013 SUBJECT / RECOMMENDATION: Adopt Ordinance 8454-13 on second reading, annexing certain real property whose post office address is 1947 Chenango Avenue, together with all right of way of State Street abutting the South half of Lots 24 and 25 and abutting Lots 26 through 32 of Floradel Subdivision including the intersection of Betty Lane and State 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 # 26 Ordinance No. 8454 -13 ORDINANCE NO. 8454-13 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTY LOCATED ON THE NORTHEAST CORNER OF CHENANGO AVENUE AND STATE STREET, CONSISTING OF THE SOUTH ONE-HALF OF LOTS 24 AND 25, FLORADEL SUBDIVISION, WHOSE POST OFFICE ADDRESS IS 1947 CHENANGO AVENUE, TOGETHER WITH ALL RIGHT OF WAY OF STATE STREET ABUTTING THE SOUTH HALF OF LOTS 24 AND 25 AND LOTS 26 THRU 32 OF SAID FLORADEL SUBDIVISION, INCLUDING THE INTERSECTION OF BETTY LANE AND STATE 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: The South ½ of Lots 24 and 25, all in Floradel Subdivision, according to the plat thereof as recorded in Plat Book 15, Page 7, of the Public Records of Pinellas County, Florida; together with all right of way of State Street abutting the South Half of Lots 24 & 25 and abutting Lots 26 thru 32 of said Floradel Subdivision including the intersection of Betty Lane and State Street. (ANX2013-06012) 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. Attachment number 1 \nPage 1 of 2 Item # 26 Ordinance No. 8454 -13 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 ________________________________ 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 # 26 Attachment number 2 \nPage 1 of 1 Item # 26 City Council Agenda Council Chambers - City Hall Meeting Date:10/3/2013 SUBJECT / RECOMMENDATION: Adopt Ordinance 8455-13 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 1947 Chenango Avenue, together with all right of way of State Street abutting the South half of Lots 24 and 25 and abutting Lots 26 through 32 of Floradel Subdivision including the intersection of Betty Lane and State Street, upon annexation into the City of Clearwater, as Residential Urban (RU). SUMMARY: Review Approval: Cover Memo Item # 27 Ordinance No.8455 -13 ORDINANCE NO. 8455-13 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 NORTHEAST CORNER OF CHENANGO AVENUE AND STATE STREET, CONSISTING OF THE SOUTH ONE-HALF OF LOTS 24 AND 25, FLORADEL SUBDIVISION, WHOSE POST OFFICE ADDRESS IS 1947 CHENANGO AVENUE, TOGETHER WITH ALL RIGHT OF WAY OF STATE STREET ABUTTING THE SOUTH HALF OF LOTS 24 AND 25 AND LOTS 26 THRU 32 OF SAID FLORADEL SUBDIVISION, INCLUDING THE INTERSECTION OF BETTY LANE AND STATE 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 The South ½ of Lots 24 and 25, all in Floradel Residential Urban (RU) Subdivision, according to the plat thereof as recorded in Plat Book 15, Page 7, of the Public Records of Pinellas County, Florida; to- gether with all right of way of State Street abut- ting the South Half of Lots 24 & 25 and abutting Lots 26 thru 32 of said Floradel Subdivision, in- cluding the intersection of Betty Lane and State Street. (ANX2013-06012) 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. 8454-13. PASSED ON FIRST READING _____________________ PASSED ON SECOND AND FINAL _____________________ READING AND ADOPTED Attachment number 1 \nPage 1 of 2 Item # 27 Ordinance No.8455 -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 # 27 Attachment number 2 \nPage 1 of 1 Item # 27 City Council Agenda Council Chambers - City Hall Meeting Date:10/3/2013 SUBJECT / RECOMMENDATION: Adopt Ordinance 8456-13 on second reading, amending the Zoning Atlas of the city by zoning certain real property whose post office address is 1947 Chenango Avenue, together with all right of way of State Street abutting the South half of Lots 24 and 25 and abutting Lots 26 through 32 of Floradel Subdivision including the intersection of Betty Lane and State Street, upon annexation into the City of Clearwater, as Low Medium Density Residential (LMDR). SUMMARY: Review Approval: Cover Memo Item # 28 Ordinance No. 8456-13 ORDINANCE NO. 8456-13 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY ZONING CERTAIN REAL PROPERTY LOCATED ON THE NORTHEAST CORNER OF CHENANGO AVENUE AND STATE STREET, CONSISTING OF THE SOUTH ONE- HALF OF LOTS 24 AND 25, FLORADEL SUBDIVISION, WHOSE POST OFFICE ADDRESS IS 1947 CHENANGO AVENUE, TOGETHER WITH ALL RIGHT OF WAY OF STATE STREET ABUTTING THE SOUTH HALF OF LOTS 24 AND 25 AND LOTS 26 THRU 32 OF SAID FLORADEL SUBDIVISION, INCLUDING THE INTERSECTION OF BETTY LANE AND STATE 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 The South ½ of Lots 24 and 25, all in Floradel Low Medium Subdivision, according to the plat thereof as Density recorded in Plat Book 15, Page 7, of the Public Residential (LMDR) Records of Pinellas County, Florida; together with all right of way of State Street abutting the South Half of Lots 24 & 25 and abutting Lots 26 thru 32 of said Floradel Subdivision, in- cluding the intersection of Betty Lane and State Street. (ANX2013-06012) 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. 8454-13. Attachment number 1 \nPage 1 of 2 Item # 28 Ordinance No. 8456-13 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 # 28 Attachment number 2 \nPage 1 of 1 Item # 28 City Council Agenda Council Chambers - City Hall Meeting Date:10/3/2013 SUBJECT / RECOMMENDATION: Adopt Ordinance 8457-13 on second reading, annexing certain real property whose post office address is 1327 State Street, together with all right of way of State Street, formerly platted as Lange Street, abutting Lots 1 through 5 of Lange’s Replat of Brown’s Subdivision 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 # 29 Ordinance No. 8457-13 ORDINANCE NO. 8457-13 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTY LOCATED ON THE SOUTH SIDE OF STATE STREET APPROXIMATELY 68 FEET EAST OF NORTH BETTY LANE, CONSISTING OF LOTS 2 AND 3, LANGE’S REPLAT OF BROWN’S SUBDIVISION, WHOSE POST OFFICE ADDRESS IS 1327 STATE STREET, TOGETHER WITH ALL RIGHT OF WAY OF STATE STREET, FORMERLY PLATTED AS LANGE STREET, ABUTTING LOTS 1 THRU 5 OF SAID LANGE’S REPLAT OF BROWN’S SUBDIVISION, INTO THE CORPORATE LIMITS OF THE CITY, AND REDEFINING THE BOUNDARY LINES OF THE CITY TO INCLUDE SAID ADDITION; PROVIDING AN EFFECTIVE DATE. WHEREAS, the 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: Lots 2 and 3, Lange’s Replat of Brown’s Subdivision, according to the map or plat thereof as recorded in Plat Book 24, Page 74, of the Public Records of Pinellas County, Florida; together with all Right of Way of State Street, formerly Platted as Lange Street, abutting Lots 1 thru 5 of said Lange’s Replat of Brown’s Subdivision. (ANX2013-06018) 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 # 29 Ordinance No. 8457-13 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 # 29 Attachment number 2 \nPage 1 of 1 Item # 29 City Council Agenda Council Chambers - City Hall Meeting Date:10/3/2013 SUBJECT / RECOMMENDATION: Adopt Ordinance 8458-13 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 1327 State Street, together with all right of way of State Street, formerly platted as Lange Street, abutting Lots 1 through 5 of Lange’s Replat of Brown’s Subdivision, upon annexation into the City of Clearwater, as Residential Urban (RU). SUMMARY: Review Approval: Cover Memo Item # 30 Ordinance No. 8458-13 ORDINANCE NO. 8458-13 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 STATE STREET APPROXIMATELY 68 FEET EAST OF NORTH BETTY LANE, CONSISTING OF LOTS 2 AND 3, LANGE’S REPLAT OF BROWN’S SUBDIVISION, WHOSE POST OFFICE ADDRESS IS 1327 STATE STREET, TOGETHER WITH ALL RIGHT OF WAY OF STATE STREET, FORMERLY PLATTED AS LANGE STREET, ABUTTING LOTS 1 THRU 5 OF SAID LANGE’S REPLAT OF BROWN’S SUBDIVISION, 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 Lots 2 and 3, Lange’s Replat of Brown’s Residential Urban (RU) Subdivision, according to the map or plat thereof as recorded in Plat Book 24, Page 74, of the Public Records of Pinellas County, Florida; together with all Right of Way of State Street, formerly Platted as Lange Street, abutting Lots 1 thru 5 of said Lange’s Replat of Brown’s Subdivision. (ANX2013-06018) 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. 8457-13. PASSED ON FIRST READING _____________________ PASSED ON SECOND AND FINAL _____________________ READING AND ADOPTED __________________________ George N. Cretekos Mayor Attachment number 1 \nPage 1 of 2 Item # 30 Ordinance No. 8458-13 Approved as to form: Attest: __________________________ __________________________ Leslie K. Dougall-Sides Rosemarie Call Assistant City Attorney City Clerk Attachment number 1 \nPage 2 of 2 Item # 30 Attachment number 2 \nPage 1 of 1 Item # 30 City Council Agenda Council Chambers - City Hall Meeting Date:10/3/2013 SUBJECT / RECOMMENDATION: Adopt Ordinance 8459-13 on second reading, amending the Zoning Atlas of the city by zoning certain real property whose post office address is 1327 State Street, together with all right of way of State Street, formerly platted as Lange Street, abutting Lots 1 through 5 of Lange’s Replat of Brown’s Subdivision, upon annexation into the City of Clearwater, as Low Medium Density Residential (LMDR). SUMMARY: Review Approval: Cover Memo Item # 31 Ordinance No.8459 -13 ORDINANCE NO. 8459-13 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 STATE STREET APPROXIMATELY 68 FEET EAST OF NORTH BETTY LANE, CONSISTING OF LOTS 2 AND 3, LANGE’S REPLAT OF BROWN’S SUBDIVISION, WHOSE POST OFFICE ADDRESS IS 1327 STATE STREET, TOGETHER WITH ALL RIGHT OF WAY OF STATE STREET, FORMERLY PLATTED AS LANGE STREET, ABUTTING LOTS 1 THRU 5 OF SAID LANGE’S REPLAT OF BROWN’S SUBDIVISION, 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 Lots 2 and 3, Lange’s Replat of Brown’s Low Medium Subdivision, according to the map or plat Density thereof as recorded in Plat Book 24, Page 74, Residential (LMDR) of the Public Records of Pinellas County, Florida; together with all Right of Way of State Street, formerly Platted as Lange Street, abutting Lots 1 thru 5 of said Lange’s Replat of Brown’s Sub- division. (ANX2013-06018) 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. 8457-13. Attachment number 1 \nPage 1 of 2 Item # 31 Ordinance No.8459 -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 # 31 Attachment number 2 \nPage 1 of 1 Item # 31 City Council Agenda Council Chambers - City Hall Meeting Date:10/3/2013 SUBJECT / RECOMMENDATION: Adopt Ordinance 8460-13 on second reading, annexing certain real property whose post office address is 2025 Betty 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 # 32 Ordinance No. 8460 -13 ORDINANCE NO. 8460-13 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTY LOCATED ON THE EAST SIDE OF NORTH BETTY LANE APPROXIMATELY 100 FEET SOUTH OF IDLEWILD DRIVE, CONSISTING OF LOT 3, BLOCK K, BROOKLAWN SUBDIVISION, WHOSE POST OFFICE ADDRESS IS 2025 BETTY 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: Lot 3, Block K, Brooklawn, a subdivision according to the plat thereof recorded at Plat Book 13, Page 59 of the Public Records of Pinellas County, Florida. (ANX2013-06019) 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 # 32 Ordinance No. 8460 -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 # 32 Attachment number 2 \nPage 1 of 1 Item # 32 City Council Agenda Council Chambers - City Hall Meeting Date:10/3/2013 SUBJECT / RECOMMENDATION: Adopt Ordinance 8461-13 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 2025 Betty Lane, upon annexation into the City of Clearwater, as Residential Urban (RU). SUMMARY: Review Approval: Cover Memo Item # 33 Ordinance No.8461 -13 ORDINANCE NO. 8461 -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 EAST SIDE OF NORTH BETTY LANE APPROXIMATELY 100 FEET SOUTH OF IDLEWILD DRIVE, CONSISTING OF LOT 3, BLOCK K, BROOKLAWN SUBDIVISION, WHOSE POST OFFICE ADDRESS IS 2025 BETTY 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 Lot 3, Block K, Brooklawn, a subdivision ac- Residential Urban (RU) cording to the plat thereof recorded at Plat Book 13, Page 59, of the Public Records of Pinellas County, Florida. (ANX2013-06019) 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. 8460-13. 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 # 33 Attachment number 2 \nPage 1 of 1 Item # 33 City Council Agenda Council Chambers - City Hall Meeting Date:10/3/2013 SUBJECT / RECOMMENDATION: Adopt Ordinance 8462-13 on second reading, amending the Zoning Atlas of the city by zoning certain real property whose post office address is 2025 Betty Lane, upon annexation into the City of Clearwater, as Low Medium Density Residential (LMDR). SUMMARY: Review Approval: Cover Memo Item # 34 Ordinance No.8462 -13 ORDINANCE NO. 8462-13 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY ZONING CERTAIN REAL PROPERTY LOCATED ON THE EAST SIDE OF NORTH BETTY LANE APPROXIMATELY 100 FEET SOUTH OF IDLEWILD DRIVE, CONSISTING OF LOT 3, BLOCK K, BROOKLAWN SUBDIVISION, WHOSE POST OFFICE ADDRESS IS 2025 BETTY 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 Lot 3, Block K, Brooklawn, a subdivision ac- Low Medium cording to the plat thereof recorded at Plat Density Book 13, Page 59, of the Public Records of Residential (LMDR) of Pinellas County, Florida. (ANX2013-06019) 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. 8460-13. PASSED ON FIRST READING ___________________________ PASSED ON SECOND AND FINAL ___________________________ READING AND ADOPTED _______________________________ George N. Cretekos Mayor Attachment number 1 \nPage 1 of 2 Item # 34 Ordinance No.8462 -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 # 34 Attachment number 2 \nPage 1 of 1 Item # 34 City Council Agenda Council Chambers - City Hall Meeting Date:10/3/2013 SUBJECT / RECOMMENDATION: Adopt Ordinance 8463-13 on second reading, annexing certain real property whose post office address is 1263 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 # 35 Ordinance No. 8463 -13 ORDINANCE NO. 8463-13 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTY LOCATED ON THE SOUTH SIDE OF PALM STREET APPROXIMATELY 305 FEET WEST OF NORTH BETTY LANE, CONSISTING OF LOT 22, BLOCK B, CLEARDUN, WHOSE POST OFFICE ADDRESS IS 1263 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 22, Block B, Cleardun, according to the Map or Plat thereof recorded in Plat Book 13, Page 47, Public Records of Pinellas County, Florida. (ANX2013-07022) 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 # 35 Ordinance No. 8463 -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 # 35 Attachment number 2 \nPage 1 of 1 Item # 35 City Council Agenda Council Chambers - City Hall Meeting Date:10/3/2013 SUBJECT / RECOMMENDATION: Adopt Ordinance 8464-13 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 1263 Palm Street, upon annexation into the City of Clearwater, as Residential Urban (RU). SUMMARY: Review Approval: Cover Memo Item # 36 Ordinance No.8464 -13 ORDINANCE NO. 8464-13 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 PALM STREET APPROXIMATELY 305 FEET WEST OF NORTH BETTY LANE, CONSISTING OF LOT 22, BLOCK B, CLEARDUN, WHOSE POST OFFICE ADDRESS IS 1263 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 22, Block B, Cleardun, according to the map Residential Urban (RU) or plat thereof, as recorded in Plat Book 13, Page 47, Public Records of Pinellas County, Florida. (ANX2013-07022) 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. 8463-13. 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 # 36 Attachment number 2 \nPage 1 of 1 Item # 36 City Council Agenda Council Chambers - City Hall Meeting Date:10/3/2013 SUBJECT / RECOMMENDATION: Adopt Ordinance 8465-13 on second reading, amending the Zoning Atlas of the city by zoning certain real property whose post office address is 1263 Palm Street, upon annexation into the City of Clearwater, as Low Medium Density Residential (LMDR). SUMMARY: Review Approval: Cover Memo Item # 37 Ordinance No. 8465-13 ORDINANCE NO. 8465-13 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 PALM STREET APPROXIMATELY 305 FEET WEST OF NORTH BETTY LANE, CONSISTING OF LOT 22, BLOCK B, CLEARDUN, WHOSE POST OFFICE ADDRESS IS 1263 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 22, Block B, Cleardun, according to the Map Low Medium or Plat thereof, as recorded in Plat Book 13, Density Page 47, Public Records of Pinellas County, Residential (LMDR) Florida. (ANX2013-07022) 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. 8463-13. PASSED ON FIRST READING ___________________________ PASSED ON SECOND AND FINAL ___________________________ READING AND ADOPTED _______________________________ George N. Cretekos Mayor Attachment number 1 \nPage 1 of 2 Item # 37 Ordinance No. 8465-13 Approved as to form: Attest: __________________________ ______________________________ Leslie K. Dougall-Sides Rosemarie Call Assistant City Attorney City Clerk Attachment number 1 \nPage 2 of 2 Item # 37 Attachment number 2 \nPage 1 of 1 Item # 37 City Council Agenda Council Chambers - City Hall Meeting Date:10/3/2013 SUBJECT / RECOMMENDATION: Adopt Ordinance 8466-13 on second reading, annexing certain real property whose post office address is 1256 Sedeeva Circle North, together with the abutting right of way of Sedeeva Circle North 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 # 38 Ordinance No. 8466 -13 ORDINANCE NO. 8466-13 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTY LOCATED ON THE NORTH SIDE OF SEDEEVA CIRCLE NORTH APPROXIMATELY 400 FEET WEST OF NORTH BETTY LANE, CONSISTING OF LOT 13, FLORADEL SUBDIVISION, WHOSE POST OFFICE ADDRESS IS 1256 SEDEEVA CIRCLE NORTH, TOGETHER WITH THE ABUTTING RIGHT OF WAY OF SEDEEVA CIRCLE NORTH, INTO THE CORPORATE LIMITS OF THE CITY, AND REDEFINING THE BOUNDARY LINES OF THE CITY TO INCLUDE SAID ADDITION; PROVIDING AN EFFECTIVE DATE. WHEREAS, the owner of the real property described herein and depicted on the map attached hereto as Exhibit A has petitioned the City of Clearwater to annex the property into the City pursuant to Section 171.044, Florida Statutes, and the City has complied with all applicable requirements of Florida law in connection with this ordinance; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following-described property is hereby annexed into the City of Clearwater and the boundary lines of the City are redefined accordingly: Lot 13, Floradel Subdivision, according to the map or plat thereof, as recorded in Plat Book 15, Page(s) 7, of the Public Records of Pinellas County, Florida, together with the abutting right of way of Sedeeva Circle North. (ANX2013-06020) 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 # 38 Ordinance No. 8466 -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 # 38 Attachment number 2 \nPage 1 of 1 Item # 38 City Council Agenda Council Chambers - City Hall Meeting Date:10/3/2013 SUBJECT / RECOMMENDATION: Adopt Ordinance 8467-13 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 1256 Sedeeva Circle North, together with the abutting right of way of Sedeeva Circle North, upon annexation into the City of Clearwater, as Residential Urban (RU). SUMMARY: Review Approval: Cover Memo Item # 39 Ordinance No. 8467-13 ORDINANCE NO. 8467-13 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 SEDEEVA CIRCLE NORTH APPROXIMATELY 400 FEET WEST OF NORTH BETTY LANE, CONSISTING OF LOT 13, FLORADEL SUBDIVISION, WHOSE POST OFFICE ADDRESS IS 1256 SEDEEVA CIRCLE NORTH, TOGETHER WITH THE ABUTTING RIGHT OF WAY OF SEDEEVA CIRCLE NORTH, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS RESIDENTIAL URBAN (RU); PROVIDING AN EFFECTIVE DATE. WHEREAS, the amendment to the future land use plan element of the comprehensive plan of the City as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's comprehensive plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The future land use plan element of the comprehensive plan of the City of Clearwater is amended by designating the land use category for the hereinafter described property, upon annexation into the City of Clearwater, as follows: Property Land Use Category Lot 13, Floradel Subdivision, according to the Residential Urban (RU) Map or plat thereof, as recorded in Plat Book 15, Page(s) 7, of the Public Records of Pinellas County, Florida, together with the abutting right of way of Sedeeva Circle North. (ANX2013-06020) 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. 8466-13. PASSED ON FIRST READING _____________________ PASSED ON SECOND AND FINAL _____________________ READING AND ADOPTED __________________________ George N. Cretekos Mayor Attachment number 1 \nPage 1 of 2 Item # 39 Ordinance No. 8467-13 Approved as to form: Attest: __________________________ __________________________ Leslie K. Dougall-Sides Rosemarie Call Assistant City Attorney City Clerk Attachment number 1 \nPage 2 of 2 Item # 39 Attachment number 2 \nPage 1 of 1 Item # 39 City Council Agenda Council Chambers - City Hall Meeting Date:10/3/2013 SUBJECT / RECOMMENDATION: Adopt Ordinance 8468-13 on second reading, amending the Zoning Atlas of the city by zoning certain real property whose post office address is 1256 Sedeeva Circle North, together with the abutting right of way of Sedeeva Circle North, upon annexation into the City of Clearwater, as Low Medium Density Residential (LMDR). SUMMARY: Review Approval: Cover Memo Item # 40 Ordinance No. 8468 -13 ORDINANCE NO. 8468-13 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 SEDEEVA CIRCLE NORTH APPROXIMATELY 400 FEET WEST OF NORTH BETTY LANE, CONSISTING OF LOT 13, FLORADEL SUBDIVISION, WHOSE POST OFFICE ADDRESS IS 1256 SEEDEVA CIRCLE NORTH, TOGETHER WITH THE ABUTTING RIGHT OF WAY OF SEDEEVA CIRCLE NORTH, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS LOW MEDIUM DENSITY RESIDENTIAL (LMDR); PROVIDING AN EFFECTIVE DATE. WHEREAS, the assignment of a zoning district classification as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's comprehensive plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following described property located in Pinellas County, Florida, is hereby zoned as indicated upon annexation into the City of Clearwater, and the zoning atlas of the City is amended, as follows: Property Zoning District Lot 13, Floradel Subdivision, according to the map Low Medium or plat thereof, as recorded in Plat Book 15, Density Page(s) 7, of the Public Records of Pinellas Residential (LMDR) County, Florida, together with the abutting right of way of Sedeeva Circle North. (ANX2013-06020) 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. 8466-13. PASSED ON FIRST READING ___________________________ PASSED ON SECOND AND FINAL ___________________________ READING AND ADOPTED _______________________________ George N. Cretekos Mayor Attachment number 1 \nPage 1 of 2 Item # 40 Ordinance No. 8468 -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 # 40 Attachment number 2 \nPage 1 of 1 Item # 40 City Council Agenda Council Chambers - City Hall Meeting Date:10/3/2013 SUBJECT / RECOMMENDATION: Adopt Ordinance 8472-13 on second reading, annexing certain real property whose post office address is 1221 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 # 41 Ordinance No. 8472 -13 ORDINANCE NO. 8472-13 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTY LOCATED ON THE SOUTH SIDE OF PALM STREET APPROXIMATELY 335 FEET EAST OF DOUGLAS AVENUE, CONSISTING OF THE EAST 40 FEET OF LOT 11 AND THE WEST 30 FEET OF LOT 12, BLOCK B, CLEARDUN, WHOSE POST OFFICE ADDRESS IS 1221 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: The East 40 feet of Lot 11, and the West 30 feet of Lot 12, Block B, Cleardun, according to the map or plat thereof, as recorded in Plat Book 13, Page 47, of the Public Records of Pinellas County, Florida. (ANX2013-06021) 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 # 41 Ordinance No. 8472 -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 # 41 Attachment number 2 \nPage 1 of 1 Item # 41 City Council Agenda Council Chambers - City Hall Meeting Date:10/3/2013 SUBJECT / RECOMMENDATION: Adopt Ordinance 8473-13 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 1221 Palm Street, upon annexation into the City of Clearwater, as Residential Urban (RU). SUMMARY: Review Approval: Cover Memo Item # 42 Ordinance No.8473 -13 ORDINANCE NO. 8473-13 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 PALM STREET APPROXIMATELY 335 FEET EAST OF DOUGLAS AVENUE, CONSISTING OF THE EAST 40 FEET OF LOT 11 AND THE WEST 30 FEET OF LOT 12, BLOCK B, CLEARDUN, WHOSE POST OFFICE ADDRESS IS 1221 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 The East 40 feet of Lot 11, and the West 30 Residential Urban (RU) Feet of Lot 12, Block B, Cleardun, according to the map or plat thereof, as recorded in Plat Book 13, Page 47, of the Public Records of Pinellas County, Florida. (ANX2013-06021) 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. 8472-13. 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 Attachment number 1 \nPage 1 of 2 Item # 42 Ordinance No.8473 -13 Assistant City Attorney City Clerk Attachment number 1 \nPage 2 of 2 Item # 42 C:\Users\Ellen.Ayo\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\271LYPZL\ANX2013-06021 Future Land Use.docx Exhibit A Future Land Use Owner: Denise Weber Case: ANX2013-06021 Site: 1221 Palm Street Property Size (Acres): 0.165 Land Use Zoning PIN: 03-29-15-15840-002-0110 From : To: RU R4 RU LMDR Atlas Page: 251B 50 50 66 60 60 60 15840 80388 05220 X Y A B C A 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 252627282930313233343536 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 252627282930313233343536 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 2 3 4 5 6 7 8 9 4 5 6 7 8 9 10 5 6 7 8 60 60E 3 2 1 1 2 3 4 5 6 7 8 9 10 11 1 2 3 34/06 1 2 1 1 1 1 RU RU RU RU RU RU UNION ST PALM ST BERMUDA ST DO U G L A S A V E IDLEWILD DR PORT WAY 2080 12 6 0 12 5 4 12 4 6 12 4 2 12 2 6 12 2 2 12 2 0 12 1 0 12 3 1 12 5 1 12 4 7 12 4 5 12 3 9 12 3 5 12 2 5 12 2 1 12 1 7 12 1 1 12 0 1 12 4 2 12 3 4 12 2 8 12 2 0 12 1 6 12 1 2 12 0 6 12 5 5 12 5 1 12 4 5 12 3 9 12 3 5 12 3 3 12 3 1 12 1 5 12 1 1 12 0 9 12 5 0 12 2 4 12 2 2 12 2 0 12 1 2 12 0 6 12 5 3 2077 2063 12 4 7 12 4 5 12 4 1 12 3 7 12 2 7 12 1 5 12 1 1 12 0 7 11 8 5 2074 2066 2038 1184 2040 2058 2052 2048 11 8 7 11 9 9 T r a f 12 5 0 2031 12 5 0 12 3 2 2049 12 2 1 12 4 6 12 4 4 12 3 8 12 3 4 12 3 0 12 3 5 12 2 3 12 1 9 11 8 8 2061 11 8 5 2030 2070 11 8 1 -N o t t o S c a l e - -N o t a S u r v e y - RU Attachment number 2 \nPage 1 of 1 Item # 42 City Council Agenda Council Chambers - City Hall Meeting Date:10/3/2013 SUBJECT / RECOMMENDATION: Adopt Ordinance 8474-13 on second reading, amending the Zoning Atlas of the city by zoning certain real property whose post office address is 1221 Palm Street, upon annexation into the City of Clearwater, as Low Medium Density Residential (LMDR). SUMMARY: Review Approval: Cover Memo Item # 43 Ordinance No. 8474-13 ORDINANCE NO. 8474-13 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 PALM STREET APPROXIMATELY 335 FEET EAST OF DOUGLAS AVENUE, CONSISTING OF THE EAST 40 FEET OF LOT 11 AND THE WEST 30 FEET OF LOT 12, BLOCK B, CLEARDUN, WHOSE POST OFFICE ADDRESS IS 1221 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 The East 40 feet of Lot 11, and the West 30 feet Low Medium of Lot 12, Block B, Cleardun, according to the map Density or plat thereof, as recorded in Plat Book 13, Page Residential (LMDR) 47 of the Public Records of Pinellas County, Florida. (ANX2013-06021) 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. 8372-13. PASSED ON FIRST READING ___________________________ PASSED ON SECOND AND FINAL ___________________________ READING AND ADOPTED Attachment number 1 \nPage 1 of 2 Item # 43 Ordinance No. 8474-13 _______________________________ 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 # 43 Attachment number 2 \nPage 1 of 1 Item # 43 City Council Agenda Council Chambers - City Hall Meeting Date:10/3/2013 SUBJECT / RECOMMENDATION: Adopt Ordinance 8483-13 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, Stormwater Fund, Gas Fund, Solid Waste Fund, Recycling Fund, Parking Fund, Harborview Center Fund, and Administrative Services Fund. SUMMARY: Review Approval: Cover Memo Item # 44 Ordinance No. 8483-13 ORDINANCE NO. 8483-13 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, STORMWATER FUND, GAS FUND, SOLID WASTE FUND, RECYCLING FUND, PARKING FUND, HARBORVIEW CENTER FUND, AND ADMINISTRATIVE SERVICES 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 Third Quarter Review it was found that an increase of $8,641,443 is necessary for revenues and an increase of $6,944,727 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 # 44 EXHIBIT A 2012-13 BUDGET REVENUE First Third Quarter Mid Year Quarter Budgeted Amended Amended Amended Revenues Budget Budget Budget Budget 2012/13 2012/13 2012/13 2012/13 Amendment General Fund: Ad Valorem Taxes 35,468,760 35,468,760 35,468,760 35,602,890 134,130 Utility Taxes 13,614,180 13,214,180 13,214,180 13,314,180 100,000 Local Option, Fuel & Other Taxes 8,247,380 8,247,380 8,247,380 7,947,380 (300,000) Franchise Fees 10,562,930 10,212,930 10,212,930 9,356,600 (856,330) Other Permits & Fees 1,607,600 1,607,600 1,607,600 1,942,800 335,200 Intergovernmental Revenues 18,247,510 18,262,427 18,270,608 21,157,585 2,886,977 Charges for Services 13,080,800 13,502,800 13,509,800 13,586,800 77,000 Judgement, Fines & Forfeitures 616,650 616,650 616,650 616,650 Miscellaneous Revenues 1,356,000 1,357,000 1,384,500 1,287,354 (97,146) Transfers In 7,671,860 9,735,076 9,735,078 11,008,951 1,273,873 Other Financing Sources - - - - Transfer from Reserves - 2,612,684 2,759,302 1,967,119 (792,183) Total, General Fund 110,473,670 114,837,487 115,026,788 117,788,309 2,761,521 Special Revenue Funds: Special Development Fund 11,785,490 14,706,200 14,706,200 17,233,906 2,527,706 Special Program Fund 1,144,560 3,714,676 5,726,822 6,189,195 462,373 Utility & Other Enterprise Funds: Water & Sewer Fund 65,307,170 65,574,142 81,400,916 81,400,916 Stormwater Utility Fund 16,386,950 18,482,417 18,482,417 18,797,398 314,981 Ordinance #8483-13 Stormwater Utility Fund 16,386,950 18,482,417 18,482,417 18,797,398 314,981 Gas Fund 38,086,640 41,243,405 42,309,405 42,791,905 482,500 Solid Waste Fund 19,727,860 19,780,607 19,822,607 20,360,781 538,174 Recycling Fund 2,603,500 2,992,704 2,966,704 4,440,164 1,473,460 Airpark Fund 260,000 285,691 301,906 301,906 Marine Fund 4,563,620 4,572,910 4,472,910 4,472,910 Clearwater Harbor Marina 476,200 478,402 478,402 478,402 Parking Fund 4,497,500 4,550,224 4,550,224 4,551,792 1,568 Harborview Center Fund 148,000 63,260 63,260 56,260 (7,000) Internal Service Funds: Administrative Services Fund 9,110,200 9,299,534 9,299,534 9,385,695 86,161 General Services Fund 4,646,940 4,678,373 4,704,283 4,704,283 Garage Fund 12,948,200 13,115,892 13,190,192 13,190,192 Central Insurance Fund 18,321,730 21,175,660 21,175,660 21,175,660 Total, All Funds 320,488,230 339,551,584 358,678,230 367,319,673 8,641,443 Ordinance #8483-13 Attachment number 2 \nPage 1 of 2 Item # 44 EXHIBIT A (Continued) 2012-13 BUDGET EXPENDITURES First Third Quarter Mid Year Quarter Original Amended Amended Amended Budget Budget Budget Budget Budget 2012/13 2012/13 2012/13 2012/13 Amendment General Fund: City Council 279,220 283,179 283,179 283,179 City Manager's Office 1,232,240 1,249,239 1,249,239 1,204,239 (45,000) City Attorney's Office 1,537,180 1,554,726 1,554,726 1,554,726 City Auditor's Office 194,080 195,423 195,423 196,123 700 Economic Development & Housing Svc 1,246,560 1,256,862 1,256,862 1,256,862 Engineering 7,663,600 7,708,913 7,708,913 7,708,913 Finance 2,162,430 2,183,243 2,183,243 2,183,243 Fire 24,430,700 24,590,196 24,734,816 26,151,207 1,416,391 Human Resources 1,029,330 1,034,832 1,034,832 1,034,832 Library 5,818,160 5,857,914 5,857,914 5,857,914 Marine & Aviation 593,640 595,655 602,655 679,655 77,000 Non-Departmental 3,330,390 3,780,390 3,780,390 3,927,190 146,800 Office of Management & Budget 305,310 307,511 307,511 310,011 2,500 Official Records & Legislative Svcs 1,012,030 1,040,078 1,040,078 1,040,078 Parks & Recreation 20,958,910 21,104,259 21,133,259 21,133,259 Planning & Development 4,754,150 4,796,274 4,796,274 4,841,274 45,000 Police 35,700,770 36,150,050 36,158,731 37,276,861 1,118,130 Public Communications 903,840 909,813 909,813 909,813 Public Utilities 238,930 238,930 238,930 238,930 Allocation to Reserves - - - - Total, General Fund 113,391,470 114,837,487 115,026,788 117,788,309 2,761,521 Ordinance #8483-13 Special Revenue Funds: Special Development Fund 14,236,570 14,597,230 13,825,431 15,256,959 1,431,528 Special Program Fund 1,594,560 3,664,676 5,676,822 6,139,195 462,373 Utility & Other Enterprise Funds: Water & Sewer Fund 64,138,060 64,405,032 80,231,806 80,231,806 Stormwater Utility Fund 18,444,180 18,482,417 18,482,417 18,797,398 314,981 Gas Fund 34,595,830 36,052,595 36,266,488 36,386,358 119,870 Solid Waste Fund 18,555,090 18,558,337 18,346,437 18,724,171 377,734 Recycling Fund 2,945,650 2,970,724 2,939,024 4,329,584 1,390,560 Airpark Fund 155,290 180,961 205,676 205,676 Marine Fund 4,510,610 4,519,900 4,427,900 4,427,900 Clearwater Harbor Marina 394,830 397,032 402,032 402,032 Parking Fund 4,007,790 4,018,721 4,018,721 4,018,721 Harborview Center Fund 41,350 41,350 41,350 41,350 Internal Service Funds: Administrative Services Fund 9,109,930 9,194,264 9,194,264 9,280,425 86,161 General Services Fund 4,579,400 4,610,833 4,636,743 4,636,743 Garage Fund 13,012,810 13,115,892 13,190,192 13,190,192 Central Insurance Fund 19,975,660 21,175,660 21,175,660 21,175,660 Total, All Funds 323,689,080 330,823,111 348,087,750 355,032,478 6,944,727 Ordinance #8483-13 Attachment number 2 \nPage 2 of 2 Item # 44 City Council Agenda Council Chambers - City Hall Meeting Date:10/3/2013 SUBJECT / RECOMMENDATION: Adopt Ordinance 8484-13 on second reading, amending the Capital Improvement Budget for the Fiscal Year ending September 30, 2013, to reflect a net decrease of $27,281,542. SUMMARY: Review Approval: Cover Memo Item # 45 Ordinance No. 8484-13 ORDINANCE NO. 8484-13 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 DECREASE OF $27,281,542 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 Third Quarter 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 Third Quarter 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 # 45 First QtrMid YearThird Qtr OriginalAmendedAmendedAmended BudgetBudgetBudgetBudget 2012/132012/132012/132012/13Amendments Fire Protection 2,010,0605,418,5065,418,5065,418,506 Major Street Maintenance 3,305,4103,294,1622,522,3632,527,1034,740 Sidewalk and Bike Trail 020,00020,00020,000 Intersections 435,000435,000504,749504,749 Parking 260,000218,207218,207218,207 Miscellaneous Engineering 35,00035,00035,00035,000 Park Development 3,495,0008,009,4047,909,0695,267,386(2,641,683) Marine Facilities 990,0001,076,5611,171,5611,169,993(1,568) Airpark Facilities 10,000134,877151,090151,090 Libraries 5,835,0005,835,0005,835,0005,835,000 Garage 5,411,0005,490,2255,490,2255,490,225 Maintenance of Buildings 246,470314,897415,232415,232 General Public City Buildings & Equipment 1,151,1601,151,1601,151,1601,151,160 Miscellaneous 1,700,0001,700,0001,700,0001,700,000 Stormwater Utility 7,733,6608,533,6609,083,6609,484,179400,519 Gas System 2,750,0003,058,9903,068,9093,373,146304,237 Solid Waste 460,000460,000460,000649,414189,414 Utilities Miscellaneous 10,00010,00010,00010,000 Sewer System 10,473,0009,542,0189,542,0181,359,527(8,182,491) Water System 15,835,25017,557,89144,859,75326,005,043(18,854,710) Recycling 59,000 59,000 59,000 1,559,000 1,500,000 EXHIBIT A CAPITAL IMPROVEMENT PROGRAM FOR FISCAL YEAR 2012/13 Recycling 59,000 59,000 59,000 1,559,000 1,500,000 TOTAL 62,205,010 72,354,558 99,625,502 72,343,960 (27,281,542) GENERAL SOURCES: General Operating Revenue 3,054,5703,582,4573,582,4553,582,437(18) General Revenue/County Co-op 635,000635,000635,000635,000 Road Millage 1,774,3801,774,3801,774,3801,774,380 Penny for Pinellas 9,625,00016,979,88416,208,08516,208,085 Transportation Impact Fee 290,000290,000290,000290,000 Local Option Gas Tax 1,396,0301,396,0301,396,0301,396,030 Fee in Lieu of Drainage Retention 00085,53885,538 Special Program Fund 530,000530,000630,000686,82556,825 Special Development Fund 1,151,1601,151,1601,151,1601,757,670606,510 Grants - Other Agencies 300,000300,000300,000(3,280,000)(3,580,000) Other Governmental 0803,659803,659821,16817,509 Property Owner's Share 021,372101,040110,0188,977 Donations 0100,000100,000100,000 Insurance Proceeds 08,7528,7528,752 Ordinance # 8484-13 Attachment number 2 \nPage 1 of 2 Item # 45 First QtrMid YearThird Qtr OriginalAmendedAmendedAmended BudgetBudgetBudgetBudget 2012/132012/132012/132012/13Amendments EXHIBIT A CAPITAL IMPROVEMENT PROGRAM FOR FISCAL YEAR 2012/13 SELF SUPPORTING FUNDS: Marine Revenue 100,000100,00095,00095,000 Clearwater Harbor Marina Revenue 15,00015,00015,00015,000 Airpark Revenue 10,00034,98051,19651,196 Parking Revenue 270,000228,207228,207226,639(1,568) Utility System: Water Impact Fees 243,700243,700243,700243,700 Sewer Impact Fees 49,14049,14049,14049,140 Utility R&R 3,051,4303,051,4303,051,4303,051,430 Water Revenue 1,632,2101,771,55017,598,32417,598,324 Sewer Revenue 6,088,7306,088,7306,088,7306,088,730 Stormwater Utility Revenue 7,733,6607,733,6607,733,6608,048,641314,981 Gas Revenue 2,750,0002,787,6182,787,6183,087,618300,000 Solid Waste Revenue 460,000460,000460,000924,414464,414 Recycling Revenue 59,00059,00059,0001,559,0001,500,000 Grants - Other Agencies 0899,89712,924,98512,924,985 INTERNAL SERVICE FUNDS: Garage Revenue 71,400 150,625 150,625 150,625 Garage Revenue 71,400 150,625 150,625 150,625 Administrative Services Revenue 255,000255,000255,000255,000 Central Insurance Revenue 0193,727193,727193,727 BORROWING - GENERAL SOURCES: Lease Purchase - General Fund 241,960241,960241,960241,960 BORROWING - SELF SUPPORTING FUNDS: Bond Issue - Water & Sewer 15,253,04015,253,04015,253,040(11,801,670)(27,054,710) BORROWING - INTERNAL SERVICE FUNDS: Lease Purchase - Garage 5,039,6005,039,6005,039,6005,039,600 Lease Purchase - Administrative Services 125,000125,000125,000125,000 TOTAL ALL FUNDING SOURCES:62,205,010 72,354,558 99,625,502 72,343,961 (27,281,542) Ordinance # 8484-13 Attachment number 2 \nPage 2 of 2 Item # 45 City Council Agenda Council Chambers - City Hall Meeting Date:10/3/2013 SUBJECT / RECOMMENDATION: Approve settlement of the liability claim of Mr. James Braun for payment of $87,500.00 and authorize the appropriate officials to execute same. (consent) SUMMARY: On December 5, 2012, a police officer was traveling 20-25 mph on Court Street at the intersection of Myrtle Avenue in non-emergency mode. The officer heard his cell phone receive a call and he looked down in the car for his phone. When he looked back up, he saw a red traffic signal and it was too late to stop. The City vehicle hit a northbound vehicle and then hit the claimant’s southbound car on the driver’s side. The claimant was injured and that is the basis of his claim. Mr. Braun’s claim can be settled for $87,500.00. The City’s limit of liability as provided by Section 768.28, Florida Statutes is $200,000. The City’s Risk Management Division and City’s Claims Committee recommend this settlement. Funding for the payment of this settlement is available in the budget for claims expense in the Central Insurance Fund. Type:Other Current Year Budget?:Yes Budget Adjustment:None Budget Adjustment Comments: Current Year Cost:Annual Operating Cost: Not to Exceed:$87,500.00 Total Cost:$87,500.00 For Fiscal Year:10/1/2012 to 9/30/2013 Appropriation Code Amount Appropriation Comment 590-07000-545900-519-000 $87,500.00 Review Approval: Cover Memo Item # 46 City Council Agenda Council Chambers - City Hall Meeting Date:10/3/2013 SUBJECT / RECOMMENDATION: Award a contract (Purchase Order) to Oracle America, Inc., Redwood Shores, California for the period of October 1, 2013 to September 30, 2014 for software maintenance at a cost not to exceed $246,950, in accordance with Sec. 2.564 (1)(b), Code of Ordinances, sole source, and authorize the appropriate officials to execute same (consent) SUMMARY: This is an annual contract for Peoplesoft (payroll system) at $115,150, Oracle (database licensing) at $50,000, Oracle OWAM maintenance (asset management system) at $74,500, and Oracle Mobile Device at $7,300. This Purchase Order represents a $29,940 increase from a year ago. PeopleSoft maintenance increased of 2.8%, Oracle (database licensing) 95% increase, Oracle OWAM 2.9% increase and Oracle Mobile Device .39% increase. Type:Operating Expenditure Current Year Budget?:None Budget Adjustment:None Budget Adjustment Comments: Current Year Cost:Annual Operating Cost: Not to Exceed:$246,950 Total Cost: For Fiscal Year:10/1/2013 to 09/30/2014 Appropriation Code Amount Appropriation Comment 0555-09864-546200-519- 000-0000 $246,950 Review Approval: Cover Memo Item # 47 City Council Agenda Council Chambers - City Hall Meeting Date:10/3/2013 SUBJECT / RECOMMENDATION: Award a contract (Purchase Order) to Verizon, Florida, Inc., St. Petersburg, Florida for telephone service including frame relay service, T1's, credit/collect calls, backup trunks, VADI circuits, and DSL high bandwidth services during the period of October 1, 2013 to September 30, 2014 at a cost not to exceed $230,825, in accordance with Sec. 2.564 (1)(e) Code of Ordinances, impractical to bid, and authorize the appropriate officials to execute same. (consent) SUMMARY: The total Verizon Purchase Order is $230,825, broken down as follows: Frame relay (these are being phased out and replaced with fiber connection), Point to Point T1's, B1 lines, and radio circuits for the network, $179,325; backup trunks for the PBX network in case the T1's fail, $11,500; DSL/High bandwidth service for Parks and Recreation, Fire, Engineering, and VADI circuits, $40,000. This Purchase Order represents a reduction of $4,015 (1.7%) from last year. Type:Operating Expenditure Current Year Budget?:None Budget Adjustment:None Budget Adjustment Comments: Current Year Cost:Annual Operating Cost: Not to Exceed:Total Cost: For Fiscal Year:10/1/13 to 9/30/14 Appropriation Code Amount Appropriation Comment 0555-09865-542100-519-000- 0000 $190,825 0555-09862-530300-519-000- 0000 $40,000 Review Approval: Cover Memo Item # 48 City Council Agenda Council Chambers - City Hall Meeting Date:10/3/2013 SUBJECT / RECOMMENDATION: Award a contract (purchase order) to Verizon Wireless for basic cellular/smart phones and mobile data services for the period of November 1, 2013 to October 31, 2014 in an amount not to exceed $337,945 in accordance with Sec 2.564 (1)(b), Code of Ordinances, under State Contract DMS-1011-008C. (consent) SUMMARY: The total Verizon Purchase Order is $337,945, broken down as follows: basic cellular/smart phones $177,945 and data cards for Police Department's patrol vehicles as well as data cards for various other departments $160,000. This Purchase Order represents an increase of $10,445 (3%) from the previous year. Type:Operating Expenditure Current Year Budget?:None Budget Adjustment:None Budget Adjustment Comments: Current Year Cost:Annual Operating Cost: Not to Exceed:$337,945 Total Cost: For Fiscal Year:11/1/2013 to 10/31/2014 Appropriation Code Amount Appropriation Comment 0555-09865-542100-519- 000-0000 $177,945 0555-09862-530300-519- 000-0000 $160,000 Review Approval: Cover Memo Item # 49 City Council Agenda Council Chambers - City Hall Meeting Date:10/3/2013 SUBJECT / RECOMMENDATION: Award contracts (Blanket Purchase Orders) to Baker and Taylor, Atlanta, GA - $235,000; Ingram Library Services, Atlanta, GA - $150,000; and Midwest Tape, Holland, OH - $55,000 for the purchase of library books and other materials for the contract period of October 1, 2013 through September 30, 2014, and authorize the appropriate officials to execute same. (consent) SUMMARY: Blanket Purchase Orders for Baker & Taylor, Ingram, and Midwest Tape are for the acquisition of books and audiovisual materials. The purchase orders will be used for numerous small dollar purchases. Each order will be shopped for best price and availability. Type:Capital expenditure Current Year Budget?:No Budget Adjustment:None Budget Adjustment Comments: Current Year Cost:$440,000 Annual Operating Cost:$440,000 Not to Exceed:Total Cost:$440,000 For Fiscal Year:2013 to 2014 Appropriation Code Amount Appropriation Comment 0315-93527-564400-571-000- 0000 $440,000 Bid Required?:No Bid Number: Other Bid / Contract:Bid Exceptions:Impractical to Bid Review Approval: Cover Memo Item # 50 City Council Agenda Council Chambers - City Hall Meeting Date:10/3/2013 SUBJECT / RECOMMENDATION: Provide Landlord consent for the Collateral Assignment of Lease between Marina Cantina, LLC and USAmeribank for the rights and benefits associated with the rental space agreement in the Clearwater Beach Marina at 25 Causeway Boulevard and authorize the appropriate officials to execute same. (consent) SUMMARY: City Council approved a lease agreement with Frank Chivas on September 17, 2012 to operate the Marina Cantina Restaurant at the Clearwater Beach Marina. The lease term is for five years, with the option to renew for five additional five-year terms. The monthly rent for the Marina Cantina lease is $6,678.00 per month, plus tax. The tenant pays $9.00 per square foot for 9,285 square feet. The lease contains rate increases in 5-year increments, and an 8% of alcohol sales once the restaurant opens. In order to secure a $1,500,000.00 loan from USAmeribank, Frank Chivas requests the City accept this collateral assignment of lease. Review Approval: Cover Memo Item # 51 Prepared by and Return to: Kenneth E. Thornton, Esq. Fisher & Sauls, P.A. 100 Second Avenue S. #701 St. Petersburg, FL 33701 COLLATERAL ASSIGNMENT OF LEASE BY LESSEE THIS COLLATERAL ASSIGNMENT OF LEASE (the "Assignment") made this _____ day of August, 2013, by MARINA CANTINA, LLC, a Florida limited liability company, with an address of: 18395 Gulf Blvd., Suite 204, Indian Shores, Florida 33785 (hereinafter referred to as "Borrower" or "Assignor") to USAMERIBANK, a Florida banking corporation, its successors or assigns, whose address is: 4790 140th Avenue North, Clearwater, Florida 33762 (hereinafter referred to as "Assignee"): PRELIMINARY STATEMENT Assignor is or will be indebted to Assignee in the original principal amount of $1,500,000.00 ( the "Loan") as evidenced by a certain promissory note dated August ______, 2013 (the "Note"), and secured by a Loan and Loan Agreement dated August ______, 2013 (the "Loan Agreement"). Assignee is willing to make the Loan to Borrower provided, among other things, that Assignor shall assign to Assignee all of its right, title and interest in and to the lease affecting the real property (hereinafter the "Premises") where Assignor's new business is located and the rights and benefits of Assignor as lessee of the Premises. Assignor is willing to make such assignment on the terms and conditions hereof as an inducement to Assignee to make the Loan to Borrower, and Assignor's landlord under the Lease has consented to such assignment. NOW, THEREFORE, in consideration of the Loan and for other good and valuable consideration, the receipt whereof is hereby acknowledged, Borrower hereby grants, conveys, transfers and assigns to Assignee all of its right, title and interest in and to that Lease between Assignor and the CITY OF CLEARWATER, FLORIDA, a municipal corporation, dated September 17, 2012 (the "Lease") and any modifications, renewals or extensions thereof, which Lease is of certain property more particularly described in Exhibit "A" hereto. Attachment number 1 \nPage 1 of 5 Item # 51 355513 2 This Assignment is a present and irrevocable assignment and is made for the purpose of securing payment of the Loan, including: 1. All sums and indebtedness now or hereafter due under the Note; 2. All liabilities and other obligations of payment and performance under the Loan Agreement, this Assignment, or any other agreement securing the Note (collectively the "Security Documents"); and 3. All liabilities and obligations of payment and performance under any of the documents executed in connection therewith. All references to the Note and Security Documents shall include all amendments, extensions or renewals thereof. Assignor hereby represents, covenants and warrants: 1. That the Lease is in full force and effect and unmodified. 2. That all rents (including additional rents and other charges) payable pursuant to the Lease have been paid to the extent they were payable prior to the date hereof. 3. The quiet and peaceful possession of the Assignee, and Assignor further agrees to warrant and defend the leasehold estate created under the Lease for the entire remainder of the term set forth therein, against all and every person or persons lawfully claiming, or who may claim the same or any part thereof, subject only to the payment of the rents in the Lease and to the performance and observance of all of the terms, covenants, conditions and warranties thereof. 4. That there is no existing default under the provisions of the Lease or in the performance of any part of the terms, covenants, conditions or warranties thereof on the part of the lessee to be observed and performed. The Assignor will pay or cause to be paid all rents, additional rents, taxes, assessments, water and sewer rates, and other charges mentioned in and made payable by the Lease for which provision has not been made hereinbefore, and, will deliver, or cause to be delivered to the Assignee, the original receipt for any payments, upon request therefor. The Assignor will at all times promptly and faithfully keep and perform, or cause to be kept and performed, all of the covenants and conditions contained in the Lease by the lessee therein to be kept and performed and in all respects conform to and comply with the terms and conditions of the Lease and the Assignor further covenants that it will not do or permit anything to be done, the doing of which, or refrain from doing anything, the omission of which, will impair or tend to impair the security of this Assignment or will be grounds for declaring a forfeiture of the Lease Agreement. Attachment number 1 \nPage 2 of 5 Item # 51 355513 3 The Assignor also covenants that it will not modify or in any way alter the terms of the Lease (except it may renew or extend) or cancel or surrender the Lease, or waive, excuse, condone or in any way release or discharge the lessor thereunder of or from the obligations, covenants, conditions and agreements by said lessor to be done and performed; and said Assignor does by these presents expressly release, relinquish and surrender unto the Assignee all its right and authority to cancel, surrender, amend, modify or alter in any way the terms and provisions of the Lease and any attempt on the part of the Assignor to exercise any such right without the written authority and consent of the Assignee thereto being first had and obtained shall constitute a default under the terms hereof and the entire indebtedness secured hereby shall, at the option of the Assignee, become due and payable forthwith and without notice. The whole of said principal sum of the Note shall immediately become due and payable at the option of the Assignee, if the Assignor fails to give the Assignee immediate notice of any default under the Lease or of the receipt by it of any notice of default from the lessor thereunder or if the Assignor fails to furnish to the Assignee immediately any and all information which it may request concerning the performance by the Assignor of the covenants of the Lease or this Assignment, or if the Assignor fails to permit forthwith the Assignee or its representative at all reasonable times to made investigation or examination concerning the performance by the Assignor of the covenants of the Lease. In the event of any failure by Assignor to perform any covenant on the part of lessee to be observed and performed under the Lease, the performance by Assignee on behalf of the Assignor of the Lease covenant shall not remove or waive, as between Assignor and Assignee, the corresponding default under the terms hereof and any amount so advanced or any costs incurred in connection therewith, with interest thereon, shall be repayable by Assignor without demand, secured hereby and any such failure aforesaid shall be subject to all of the rights and remedies of Assignee hereunder available on account of any default. In the event of the bankruptcy or insolvency of Assignor, then the whole of the said principal sum secured hereby shall, at the option of the Assignee, be deemed to have become immediately due and payable and the same, with interest thereon and with all other costs and charges, shall thereupon be collectible in the same manner as if the whole of the principal sum had been made payable at the time when any of the foregoing covenants shall have occurred. ASSIGNOR HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION ARISING OUT OF, UNDER, OR IN CONNECTION WITH THIS AGREE- MENT OR THE TRANSACTIONS CONTEMPLATED HEREIN OR ANY COURSE OF CONDUCT, COURSE OF DEALING, STATEMENTS (WHETHER VERBAL OR WRITTEN) OR ACTIONS OR ANY PARTY. ASSIGNOR FURTHER WAIVES ANY RIGHT IT MAY HAVE TO SEEK TO CONSOLIDATE ANY SUCH LITIGATION IN Attachment number 1 \nPage 3 of 5 Item # 51 355513 4 WHICH A JURY TRIAL HAS BEEN WAIVED WITH ANY OTHER LITIGATION IN WHICH A JURY TRIAL CANNOT OR HAS NOT BEEN WAIVED. FURTHER, ASSIGNOR HEREBY CERTIFIES THAT NO REPRESENTATIVE OR AGENT OF ASSIGNOR, NOR ASSIGNOR'S COUNSEL, HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT ASSIGNEE WOULD NOT, IN THE EVENT OF SUCH LITIGATION, SEEK TO ENFORCE THIS WAIVER OF RIGHT TO JURY TRIAL PROVISIONS. ASSIGNOR ACKNOWLEDGES THAT THE PROVISIONS OF THIS PARAGRAPH ARE A MATERIAL INDUCEMENT TO ASSIGNEE'S ACCEPTANCE OF THIS ASSIGNMENT. IN WITNESS WHEREOF, Assignor has hereunto caused these presents to be executed under its hand and seal the day and year first herein written. WITNESSES: ASSIGNOR/BORROWER MARINA CANTINA, LLC, a Florida limited liability company ______________________________ By:__________________________________ Signature of Witness Frank R. Chivas, as its Manager ______________________________ Print or type name of Witness ______________________________ Signature of Witness ______________________________ Print or type name of Witness STATE OF FLORIDA COUNTY OF PINELLAS The foregoing instrument was acknowledged before me this ___ day of August, 2013, by Frank R. Chivas as Manager of Marina Cantina, LLC, a Florida limited liability company, on behalf of the company. ____ Personally known _____________________________________ ____ Florida Driver's License Notary Public ____ Other Identification Produced ________________ _____________________________________ ________________ Print or type name of Notary (SEAL) [CONTINUED ON FOLLOWING PAGE] Attachment number 1 \nPage 4 of 5 Item # 51 355513 5 [COLLATERAL ASSIGNMENT OF LEASE BY LESSEE CONTINUED] CONSENT OF LANDLORD The undersigned, as Lessor under the foregoing Lease, acknowledges receipt of a copy of the foregoing Collateral Assignment of Lease by Lessee and agrees that in the event of a default in the Lease by Assignor which would enable the undersigned to terminate the Lease, the undersigned shall give USAmeriBank notice of such default and a thirty (30) day opportunity to cure such default. In the event USAmeriBank succeeds to Assignor's interest under the Lease, the undersigned will recognize USAmeriBank or any subsequent assignee of USAmeriBank as Lessee under the Lease provided all terms, covenants and conditions of the Lease and the obligations of Lessee thereunder are not in default. Dated this_______ day of August, 2013. "LANDLORD" CITY OF CLEARWATER, FLORIDA, a municipal corporation ______________________________ By:__________________________________ Signature of Witness ________________________, ______________________________ as its ____________________ Print or type name of Witness ______________________________ (CORPORATE SEAL) Signature of Witness ______________________________ Print or type name of Witness ATTACHMENT: Exhibit "A": Legal Description Attachment number 1 \nPage 5 of 5 Item # 51 City Council Agenda Council Chambers - City Hall Meeting Date:10/3/2013 SUBJECT / RECOMMENDATION: Approve establishing a new Capital Improvement Project entitled Bright House Field Repairs (CIP 315-93640) for $241,272, to be funded from unappropriated retained Earnings, for phased structural caulking and concrete repairs needed throughout Bright House Stadium; award a contract (purchase order) to Complete Property Services Inc. (CPS), of Oldsmar Florida, Bid 25-13, for $475,371 to perform the necessary caulking and concrete repairs; and approve a change order deduct in the amount of $234,099, for a net contract amount including 10% contingency of $241,272. (consent) SUMMARY: The City, Pinellas County, State of Florida and the Philadelphia Phillies joined in a partnership to fund the $28 million construction of a new stadium at 601 Old Coachmen Road currently known as Bright House Field. For the past ten years, the stadium has been used by the Phillies for their annual Spring Training and for the home of the Florida State League Clearwater Threshers. In addition, the stadium has hosted the Big East Baseball Championships, numerous high school graduations and special events and activities. During this time, the City has provided the necessary maintenance to keep the stadium in first class condition including periodic repairs and patching of the caulking and water proofing systems in the stadium. However, the current caulking in the stadium has reached its life expectancy and is in need of removal and replacement. Staff is recommending that the work be accomplished in two phases. The first phase is covered by this contract, which will address all of the sealant and expansion joints in the seating bowl. The second phase will address the suite area and office areas on the second floor as well as all other joints in the stadium. Funding for phase two will be requested in future budgets. The City hired Construction Moisture Consulting, Inc. to provide specifications, solicit bids and provide oversight to the project. Rather than bidding out just phase I of the project the consultant solicited bids for the entire stadium, which will allow us to establish budgets for the second phase of this project. On August 8, 2013, the Resource Committee reviewed the request and recommended funding of $210,000 for this project. The lowest responsible bidder came in at $219,339 plus 10% contingency of $21,933 is needed for this project. This contract will provide for phase I, which is needed at this time to protect the understructure of the stadium as leaking is now occurring on the ground floor level and in areas where structural supports are located. It will include the removal of the existing caulking and replacement with caulking material, which has a warranty of 10 years but life expectancy of 20 years. A first quarter budget amendment will provide a transfer of $241,272 from General Fund unappropriated retained earnings to capital project 315-93640, Bright House Field Repairs, to fund this contract. This is a 120-day project and will be completed prior to Spring Training 2014. Type:Capital expenditure Current Year Budget?:No Budget Adjustment:Yes Budget Adjustment Comments: Approved by Resource Committee. Request funding to come from unappropriated retained earnings. Current Year Cost:$241,272 Annual Operating Cost:-0- Not to Exceed:$241,272 Total Cost:$241,272 For Fiscal Year:2013 to 2014 Cover Memo Item # 52 Appropriation Code Amount Appropriation Comment 315-93640 $241,272 Retained earnings Bid Required?:Yes Bid Number:25-13 Other Bid / Contract:Bid Exceptions:None Review Approval: Cover Memo Item # 52 City Council Agenda Council Chambers - City Hall Meeting Date:10/3/2013 SUBJECT / RECOMMENDATION: Approve the renewal of a Software Support Agreement for the TriTech System, in the amount of $165,294.93, for a 12-month period beginning October 1, 2013 and ending September 30, 2014, and authorize the appropriate officials to execute same. (consent) SUMMARY: The TriTech System has been operational since October 2007; the final sign-off and payment closing out the project was disbursed in March 2009. The Council previously approved a twelve-month TriTech Software Support Agreement, which will expire September 30, 2013. The TriTech System provides an integrated CADS, mobile, and AVL environment, and downloading of data to the report management system (ACISS). Prior to the TriTech System, each of these functions required separate software support and hardware agreements. Funding for renewal of the 12-month Software Support Agreement, in the amount of $165,294.93, is budgeted in Fiscal Year 2013/2014 Police Department operating budget 0010-01162-530300-521-000- 0000. Appropriation Code Amount Appropriation Comment 0010-01162-530300-521-000-0000 165,294.93 Review Approval: Cover Memo Item # 53 Attachment number 1 \nPage 1 of 4 Item # 53 Attachment number 1 \nPage 2 of 4 Item # 53 Attachment number 1 \nPage 3 of 4 Item # 53 Attachment number 1 \nPage 4 of 4 Item # 53 City Council Agenda Council Chambers - City Hall Meeting Date:10/3/2013 SUBJECT / RECOMMENDATION: Award a construction contract to TLC Diversified of Palmetto, FL, for the Marshall Street Water Reclamation Facility Chlorine Contact Chamber Improvements Project (12-0007-UT) in the amount of $467,775, which is the lowest responsible bid received in accordance with plans and specifications; approve a supplemental work order to Jones Edmunds in the amount of $84,900 for additional design and engineering services during construction and authorize the appropriate officials to execute same. (consent) SUMMARY: The City of Clearwater has identified improvements at the Chlorine Contact Tanks at the Marshall Street Water Reclamation Facility (WRF) that will enable operations to more effectively control effluent water quality constituents that are regulated in the Florida Department of Environmental Protection (FDEP) operating permit. The work consists of installing a static mixer, structural walls, gates, baffle walls, chemical feed modifications for disinfection and de-chlorination along with associated work at the existing tanks at the Marshall Street WRF. TLC Diversified is the low bidder out of 2 bids received. TLC Diversified has successfully completed projects with the City before and has verified that they are ready to meet the schedule. The City has procured critical equipment components to realize tax-savings of $11,076 and expedite the work through elimination of long- lead times for the purchased products. Work will commence upon award and execution of the contract and will be completed within 120 days. Construction is expected to have a start date in October of 2013 and be substantially complete by the end of the year. Jones Edmunds and Associates is an Engineer-of-Record (EOR) with the City and provided design services under a previously approved work order. The supplemental work order included in this item covers additional design and continuing assistance in reporting to FDEP. The Public Utilities Department is the owner and operator of the Marshall Street Water Reclamation Facility and will be responsible for current and future maintenance of all improvements associated with this project. A first quarter amendment will transfer $25,000 of Renewal and Replacement funding from 0327-96554, Facilities Upgrade and Improvements to 0327-96204, WWTP UV Disinfections System. Sufficient funding in the amount of $527,675 is available in 0327-96204, WWTP UV Disinfections System for total funding in the amount of $552,675. Type:Capital expenditure Current Year Budget?:Yes Budget Adjustment:None Budget Adjustment Comments: See summary Current Year Cost:$552,675.00 Annual Operating Cost: Not to Exceed:$552,675.00 Total Cost:$552,675.00 For Fiscal Year:2013 to 2014 Appropriation Code Amount Appropriation Comment 0327-96204-563800-535-000-$467,775.00 See summary Cover Memo Item # 54 0000 0327-96204-561300-535-000- 0000 $ 84,900.00See summary Bid Required?:Yes Bid Number:12-0007-UT Other Bid / Contract:Bid Exceptions:None Review Approval: Cover Memo Item # 54 BI D I T E M S U N I T Q T Y U N I T P R I C E A M O U N T U N I T P R I C E A M O U N T 1 Ch l o r i n e C o n t a c t T a n k I m p r o v e m e n t s 1 L S 4 7 9 , 7 7 0 . 0 0 $ 4 7 9 , 7 7 0 . 0 0 $ 3 9 7 , 0 0 0 . 0 0 $ 3 9 7 , 0 0 0 . 0 0 $ 2 Te s t i n g A l l o w a n c e 1 A L 1 0 , 0 0 0 . 0 0 $ 1 0 , 0 0 0 . 0 0 $ 1 0 , 0 0 0 . 0 0 $ 1 0 , 0 0 0 . 0 0 $ 48 9 , 7 7 0 . 0 0 $ 4 0 7 , 0 0 0 . 0 0 $ 3 Ow n e r ' s 1 0 % C o n t i n g e n c y 1 L S 4 8 , 9 7 7 . 0 0 $ 4 8 , 9 7 7 . 0 0 $ 4 0 , 7 0 0 . 0 0 $ 4 0 , 7 0 0 . 0 0 $ Gr a n d T o t a l B a s e B i d ( B i d I t e m N o s . 1 - 3 ) = 53 8 , 7 4 7 . 0 0 $ 4 4 7 , 7 0 0 . 0 0 $ 4 St a i n l e s s S t e e l A e r a t i o n P i p i n g 1 L S 1 1 , 2 0 0 . 0 0 $ 1 1 , 2 0 0 . 0 0 $ 1 8 , 2 5 0 . 0 0 $ 1 8 , 2 5 0 . 0 0 $ Ad d i t i v e A l t e r n a t e S u b t o t a l ( I t e m N o . 4 ) = 11 , 2 0 0 . 0 0 $ 1 8 , 2 5 0 . 0 0 $ 5 Ow n e r ' s 1 0 % C o n t i n g e n c y 1 L S 1 , 1 2 0 . 0 0 $ 1 , 1 2 0 . 0 0 $ 1 , 8 2 5 . 0 0 $ 1 , 8 2 5 . 0 0 $ Ad d i t i v e A l t e r n a t e T o t a l ( I t e m N o s . 4 - 5 ) = 12 , 3 2 0 . 0 0 $ 2 0 , 0 7 5 . 0 0 $ Gr a n d T o t a l ( B a s e B i d + A d d i t i v e A l t e r n a t e ) = 55 1 , 0 6 7 . 0 0 $ 4 6 7 , 7 7 5 . 0 0 $ CH L O R I N E C O N T A C T T A N K I M P R O V E M E N T S P R O J E C T # 1 2 - 0 0 0 7 -U T AD D I T I V E A L T E R N A T E (A p p r o v a l b y t h e O w n e r a n d E n g i n e e r i s R e q u i r e d P r i or t o Pr o c e e d i n g ) BI D O P E N I N G : M O N D A Y , S E P T E M B E R 1 6 , 2 0 1 3 A W A R D - W E D N E S D A Y , O C T O B E R 3, 2013 RT D C O N S T R U C T I O N , I N C . 53 4 4 9 T H S T . ZE P H Y R H I L L S , F L 3 3 5 4 2 TL C D I V E R S I F I E D , I N C . 27 1 9 1 7 T H S T . E A S T PA L M E T T O , F L 3 4 2 2 1 Su b t o t a l ( B i d I t e m N o s . 1 - 2 ) = Attachment number 1 \nPage 1 of 1 Item # 54 WO Initiation Form.docx 1 of 7 form revised: 10/14/2011 JONES EDMUNDS & ASSOCIATES, INC. SUPPLEMENTAL WORK ORDER INITIATION FORM for the CITY OF CLEARWATER Date: August 14, 2013 Project Number: 03720-042-02 City Project Number: #12-0007-UT 1. PROJECT TITLE: Marshall Street Water Reclamation Facility (WRF) Chlorine Contact Tank Improvements 2. SCOPE OF SERVICES: Jones Edmunds & Associates, Inc. has prepared this supplemental work order for the City of Clearwater that modifies the original work order (Marshall Street WRF Chlorine Contact Tank Improvements” – PO # ST 108084) to include preparing a Technical Memorandum (TM) and 30% design for a revised static mixer approach to reduce construction costs; evaluate and develop a layout for future implementation of a UV treatment system for the effluent discharge to Stevenson Creek (in the event that THM levels are lowered to limits not achievable with optimized chlorination and air stripping); provide additional hydraulics evaluation and design of the chlorine contact tanks (CCTs), reclaimed water pump station, and de-chlorination/ re-aeration tanks; provide additional assistance with FDEP related to the proposed Rule Development for Human Health Criteria; prepare two additional FDEP written reports (June 2013 and December 2013); and assist with the final close-out of the Consent Order. The original work order was delayed for approximately 10 months due to the proposed FDEP Rule Development. The goal of this supplemental work order is to help the City implement a cost-saving alternative design approach for the chlorination system improvements at the Marshall Street WRF to reduce THMs in the WRF final effluent and have the project constructed by the end of 2013. I. PRE-DESIGN PHASE Task 1.1 Prepare and Submit a TM with a 30% Design Prepare and submit a TM with a 30% design that evaluated the feasibility of using a single static mixer to handle the design flow of the WRF with modifications to the existing CCTs by adding a mixing chamber with sluice gates, using diffuser baffles to improve plug flow conditions in the Attachment number 2 \nPage 1 of 7 Item # 54 WO Initiation Form.docx 2 of 7 form revised: 10/14/2011 CCTs, installing fabric mesh covers at the CCTs to reduce algae growth and loss of chlorine residual, providing operation flexibility by installing sluice gates between the reclaimed water pump wet wells and de-chlorination tanks, modifying a portion of each the de-chlorination tanks to improve the dechlorination process and to improve THMs removal through stripping, adding an ultrasonic flow meter and performing hydraulic analyses to design the proposed improvements and to mitigate the existing condition of flooding the lower floor of the filter clearwell at design peak hour flow (PHF) of greater than 15 MGD (Plant design PHF is 25 MGD). Jones Edmunds performed the following services: a. Evaluated and implemented the design of a mixing chamber with a static mixer for permitted peak hour design flow capacity of 25 MGD. b. Provided sluice gates between mixing chamber and the two CCTs. c. Provided diffuser baffles and a fabric mesh cover over the two CCTs. d. Provided a sluice gate between the outside wet well and inside wet well. e. Provided an underflow baffle and sodium bisulfate diffuser within a portion of each de- chlorination tank to improve de-chlorination. f. Performed hydraulic analyses for 25 MGD flow through the CCTs and a hydraulic evaluation to determine the configuration of the diffuser baffles to improve plug-flow conditions and reduce short circuiting in the CCTs. g. Provided a conceptual layout and operational concept for the future installation of a UV system in the outside CCT (as required) if regulations lower THM discharge limits. h. Submitted five copies of the TM/30% design to the City for review. i. Met with the City to review the comments. The original TM was submitted to the City in April 2012 with a 30% plan layout and an engineer’s opinion of probable cost. Jones Edmunds updated the TM in April 2013 to evaluate CCT hydraulics, work with the vendor to reduce head loss from static mixer, and mitigate flooding impacts to clear well floor at PHF conditions. II. DESIGN PHASE Task 2.1 Prepare and Submit Additional Drawings and Specifications for the 50% Design Bid Documents Submittal As a result of recommendations presented in the 30% Design TM and April 2013 update, additional details and work that are required to complete the design. This includes preparing three additional drawings and specifications to include with the original 50% design work. The drawings include plan and profiles of the mixing chamber, sluice gates and aeration piping, diffuser baffles within the CCTs, covers over CCTs, sluice gate details, and underflow baffles within the de-chlorination tanks. Electrical, instrumentation and control design associated with the ultrasonic flow meter, replacement of the existing Allen Bradley SLC 5 PLC/04 module with a PLC/05 module, and providing Ethernet connection to the existing SCADA system. Required Attachment number 2 \nPage 2 of 7 Item # 54 WO Initiation Form.docx 3 of 7 form revised: 10/14/2011 structural design notes, plans, sections, and details. The specifications will include a revised description for chlorination instrumentation and control. III. FINAL DESIGN PHASE Task 3.1 Prepare and Submit Additional Drawings and Specifications for the 100% Design Bid Documents Submittal a. Incorporate the comments from the City on the 50% review. b. Prepare 100% design plans and specifications of the additional services. c. Update the opinion of probable construction cost. IV. BIDDING PHASE No additional work is expected beyond the original work order. V. CONSTRUCTION PHASE No additional work is expected beyond the original work order. VI. ASSIST CITY WITH THE FDEP REQUIREMENTS Task 6.1 Prepare Two Biannual Progress Reports, Data Evaluation and Consent Order Closeout Assistance. a. Assist the City in responding to FDEP requirements, which will include a written report update on or before June 1, 2013 and December 1, 2013 that contains information concerning the status and progress of projects being completed, information as to compliance or noncompliance with the applicable requirements of the Consent Order including construction requirements and effluent limitations, and any reasons for noncompliance. The report(s) will also include a projection of the work to be performed pursuant to this Consent Order during the following 6 months and data evaluation and summaries as necessary. b. Attend meetings with FDEP and the City (two meetings included). c. Assist the City with final close-out of Consent Order. 3. PROJECT GOALS: The goal of the supplemental work order is to conduct additional design, hydraulic evaluations plant modifications, and prepare the following additional design documents: TM/30% design, additional design drawings and specifications for the 50% and 100% submittals to assist the City with a cost-saving alternative design approach for implementing the improved chlorination system performance of the Marshall Street WRF to mitigate THM formation, provide two biannual reports to FDEP and closeout FDEP Consent Order. Attachment number 2 \nPage 3 of 7 Item # 54 WO Initiation Form.docx 4 of 7 form revised: 10/14/2011 4. BUDGET: This fee includes all labor and expenses anticipated to be incurred by Jones Edmunds to complete these tasks in accordance with Professional Services Method “A” – Cost Times Multiplier Basis, for a fee not-to-exceed eighty four thousand nine hundred dollars ($84,900.00). 5. SCHEDULE: Jones Edmunds expects the following schedule for design and construction with the assumption that the City comments will be received within 1 week after the submittal of design documents: a. Final Design – June 7 through July 19, 2013 b. Bidding – July 21 through August 19 , 2013 c. Construction – September 15 through March 15, 2014, (3 weeks for shop drawings; 2 1/2- months for equipment delivery; 1 1/2-month for installation; 1 month for start-up, validation, and project close-out) 6. STAFF ASSIGNMENT (Consultant): City Staff Robert Fahey Utilities Engineering Manager David Porter Wastewater Environmental Technologies Manager Kathryn McGrath Wastewater Environmental Technologies Coordinator Jack Sadowski Lead Operator – Marshall Street WRF Jones Edmunds Staff Thomas W. Friedrich, PE Client Services Manager, QA\QC Pete Stasis, PE Project Manager Christopher Baggett, PE Senior Project Engineer Tak Kai Pang, PhD, PE QA\QC Peter Simms, EI Project Engineer, Design & Validation Testing Bilgin Erel, PE Structural Engineer, ET Technologies Gregg Fruecht Construction Administration Steve Bailey, PE Instrumentation and Controls 7. CORRESPONDENCE/REPORTING PROCEDURES: Jones Edmunds’ project correspondence will be directed to Pete Stasis, PE, with copies to Tom Friedrich, PE. All City project correspondence will be directed to Robert Fahey, City’s Project Manager with copies to others as may be appropriate. Attachment number 2 \nPage 4 of 7 Item # 54 WO Initiation Form.docx 5 of 7 form revised: 10/14/2011 8. INVOICING/FUNDING PROCEDURES: Invoices shall be submitted monthly to the City of Clearwater, Engineering, Attn: Veronica Josef, Senior Staff Assistant, PO Box 4748, Clearwater, Florida 33758-4748, for work performed. City Invoicing Code: 0327-96204-561300-535-000-0000 9. INVOICING PROCEDURES At a minimum, in addition to the invoice amount(s) the following information shall be provided on all invoices submitted on the Work Order: a. Purchase order number and contract amount. b. The period (begin and end date) covered by the invoice. c. A short narrative summary of activities completed in the period. d. Contract billing method – lump sum or cost times multiplier. e. If lump sum, the percent completion, amount due, previous amount earned, and total earned to date for all tasks (direct costs, if any, shall be included in lump sum amount). f. If cost times multiplier, hours, hourly rates, names of individuals being billed, amount due, previous amount earned, total earned to date for each task, and other direct costs (receipts will be required for any item with a cost of $50 or greater or cumulative monthly expenses greater than $100). g. If the work order is funded by multiple funding codes, an itemization of tasks and invoice amounts by funding code. 10. SPECIAL CONSIDERATIONS: None PREPARED BY: APPROVED BY: ________________________ ________________________ Kenneth Vogel, PE Michael D. Quillen, PE Senior Vice President City Engineer Jones Edmunds & Associates, Inc. City of Clearwater ___________________ ___________________ Date Date Attachment number 2 \nPage 5 of 7 Item # 54 Attachment “A” WO Initiation Form.docx 6 of 7 form revised: 10/14/2011 CITY OF CLEARWATER ENGINEERING DEPARTMENT WORK ORDER INITIATION FORM CITY DELIVERABLES 1. FORMAT The design plans shall be compiled utilizing the following methods: 1. City of Clearwater CAD standards. 2. Datum: Horizontal and Vertical datum shall be referenced to North American Vertical Datum of 1988 (vertical) and North American Datum of 1983/90 (horizontal). The unit of measurement shall be the United States Foot. Any deviation from this datum will not be accepted unless reviewed by City of Clearwater Engineering/Geographic Technology Division. 2. DELIVERABLES The design plans shall be produced on bond material, 24" x 36" at a scale of 1" = 20’ unless approved otherwise. Upon completion the consultant shall deliver all drawing files in digital format with all project data in Autodesk Civil 3D file format. If not available Land Desktop files are still acceptable, however the City or Clearwater is currently phasing out Land Desktop. NOTE: If approved deviation from Clearwater CAD standards are used the Consultant shall include all necessary information to aid in manipulating the drawings including either PCP, CTB file or pen schedule for plotting. The drawing file shall include only authorized fonts, shapes, line types or other attributes contained in the standard AutoDesk, Inc. release. All block references and references contained within the drawing file shall be included. Please address any questions regarding format to Mr. Tom Mahony, at (727) 562 4762 or email address Tom.Mahony@myClearwater.com. All electronic files (CAD and Specification files) must be delivered upon completion of project or with 100% plan submittal to City of Clearwater. Attachment number 2 \nPage 6 of 7 Item # 54 Attachment “B” WO Initiation Form.docx 7 of 7 form revised: 10/14/2011 ADDITIONAL DESIGN PHASE SERVICES FOR THE MARSHALL STREET CCT IMPROVEMENT PROJECT Jones Edmunds & Associates WORK ORDER INITIATION FORM PROJECT BUDGET Task Description Subconsultant Services Labor Total 1.0 Pre- Design 1.1 Project Management Plan $0 $0 $0 1.2 Progress Report $0 $0 $0 1.3 Coordination $0 $0 $0 1.4 Meetings $0 $0 $0 1.5 Task Allowances (10%) $0 $0 $0 $0 2.0 Design 2.1 Prepare and Submit TM / 30% Design $0 $25,500 $25,500 2.2 Prepare and Submit 50% Design Documents $2,500(1) $13,250 $15,750 $41,250 3.0 Final Design Plans and Specifications 3.1 Prepare and Submit 100% Design Documents $7,200(2) $16,150 $23,350 $23,350 4.0 Bidding Services $500(1) $0 $500 $500 5.0 Limited Construction Phase Services 5.1 Limited Construction Phase Services $5,400(3) $0 $5,400 $5,400 6.0 Assist City with FDEP Requirements $0 $12,400 $12,400 $12,400 Subtotal, Labor and Subcontractors $82,900 Permit Review Fees $0 Other Direct Costs (prints, photocopies, postage, etc.) (Not applicable to lump sum Work Orders) $2,000 Grand Total $84,900 Notes: (1) – Fee is solely for ETI. (2) – Fee is for both ETI ($1,200) and Bailey ($5,500). (3) – Fee is for both ETI ($1,200) and Bailey ($4,200). Attachment number 2 \nPage 7 of 7 Item # 54 Attachment number 3 \nPage 1 of 27 Item # 54 Attachment number 3 \nPage 2 of 27 Item # 54 Attachment number 3 \nPage 3 of 27 Item # 54 Attachment number 3 \nPage 4 of 27 Item # 54 Attachment number 3 \nPage 5 of 27 Item # 54 Attachment number 3 \nPage 6 of 27 Item # 54 Attachment number 3 \nPage 7 of 27 Item # 54 Attachment number 3 \nPage 8 of 27 Item # 54 Attachment number 3 \nPage 9 of 27 Item # 54 Attachment number 3 \nPage 10 of 27 Item # 54 Attachment number 3 \nPage 11 of 27 Item # 54 Attachment number 3 \nPage 12 of 27 Item # 54 Attachment number 3 \nPage 13 of 27 Item # 54 Attachment number 3 \nPage 14 of 27 Item # 54 Attachment number 3 \nPage 15 of 27 Item # 54 Attachment number 3 \nPage 16 of 27 Item # 54 Attachment number 3 \nPage 17 of 27 Item # 54 Attachment number 3 \nPage 18 of 27 Item # 54 Attachment number 3 \nPage 19 of 27 Item # 54 Attachment number 3 \nPage 20 of 27 Item # 54 Attachment number 3 \nPage 21 of 27 Item # 54 Attachment number 3 \nPage 22 of 27 Item # 54 Attachment number 3 \nPage 23 of 27 Item # 54 Attachment number 3 \nPage 24 of 27 Item # 54 Attachment number 3 \nPage 25 of 27 Item # 54 Attachment number 3 \nPage 26 of 27 Item # 54 Attachment number 3 \nPage 27 of 27 Item # 54 City Council Agenda Council Chambers - City Hall Meeting Date:10/3/2013 SUBJECT / RECOMMENDATION: Approve a License Agreement between the City of Clearwater and 600 Cleveland LLC, the new owner of the property known as the Bank of America Tower, authorizing City use of a surface parking lot owned by 600 Cleveland LLC and located at 24 N. Garden Avenue for retail parking evenings and weekends; authorize certain capital expenditures required for the use, and authorize the appropriate officials to execute same. (consent) SUMMARY: The City and 600 Cleveland LLC are in the process of executing a separate License Agreement to allow 600 Cleveland LLC to pay for the exclusive use of 78 parking spaces in the Garden Avenue parking garage during weekday business hours. These spaces are to be used by the property owner to facilitate lease-up of the Building and partially overcome a shortage of onsite parking for tenants. The building only has parking available at 2.75/1000 square foot of office space; current competitive demand is in the vicinity of 5-6/1000square feet. The City is conveying a “master lease” to assist in the economic development objective of maximizing office occupancy in the IT/Software District. The agreement is for an initial term of three years, with two annual extensions by mutual agreement of the parties. The License Agreement which is the subject of this agenda item is a result of the negotiations for the “master lease” of the Garden Avenue garage spaces, whereby 600 Cleveland LLC has agreed to allow the City to use their surface parking lot immediately south of the garage for public parking from 6:00 p.m. to 8:00 a.m. weekdays and at all times on weekends and federal holidays as a consideration for the master. This will provide for additional centrally located public parking for various downtown events during the period of the “master lease” referenced above. Key components of this License Agreement include: · A primary term of three years with two consecutive one-year renewals if agreed to by both parties. · The Agreement may be terminated by either party with a 90-day notice. · The City will make improvements to the parking lot at a cost of $34,646, but will be reimbursed for these expenses proportionately if the Agreement is terminated prior to the possible five year term. · The City improvements will be funded from the Parking Utility. · 600 Cleveland LLC will remain responsible for routine maintenance of the lot. · The City agrees to indemnify 600 Cleveland LLC against any and all claims arising out of the public use. Because this agreement provides indemnification to the owner by the City, Council approval is required. Sufficient funding for the capital improvements is available in C.I.P. 92654, Parking Lot Improvements. Staff recommends approval of the Agreement to provide needed retail parking directly proximate to Cleveland Street. Cover Memo Item # 55 Type:Capital expenditure Current Year Budget?:Yes 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 # 55 Attachment number 1 \nPage 1 of 6 Item # 55 Attachment number 1 \nPage 2 of 6 Item # 55 Attachment number 1 \nPage 3 of 6 Item # 55 Attachment number 1 \nPage 4 of 6 Item # 55 Attachment number 1 \nPage 5 of 6 Item # 55 Attachment number 1 \nPage 6 of 6 Item # 55 City Council Agenda Council Chambers - City Hall Meeting Date:10/3/2013 SUBJECT / RECOMMENDATION: Reappoint Sue A. Johnson and Duane Schultz to the Municipal Code Enforcement Board with terms expiring October 31, 2016. (consent) SUMMARY: APPOINTMENT WORKSHEET BOARD: Municipal Code Enforcement Board TERM: 3 years APPOINTED BY: City Council FINANCIAL DISCLOSURE: Required RESIDENCY REQUIREMENT: City of Clearwater SPECIAL QUALIFICATIONS: Whenever possible, this Board shall include an architect, engineer, businessperson, general contractor, sub-contractor & a realtor MEMBERS: 7 CHAIRPERSON: Duane Schultz MEETING DATES: 4th Wed., 1:30 p.m. Nov. and Dec. - TBA APPOINTMENTS NEEDED: 2 THE FOLLOWING ADVISORY BOARD MEMBER(S) HAVE TERMS WHICH EXPIRE AND NOW REQUIRE REAPPOINTMENT FOR A NEW TERM. (At this time, there are no other nominees on file) 1. Sue A. Johnson – 730 Bruce Ave., 33767 – Retired/BA Inst. Court Mgmt. Original Appointment: 11/4/10 Interest in Reappointment: Yes(1st term to expire 10/31/13) (0 absences in the past year) 2. Duane Schultz – 2805 Chancery Lane, 33759 – Retired/BA Political Science Original Appointment: 11/4/10 Interest in Reappointment: Yes (1st term to expire 10/31/13) (0 absence in the past year) Zip codes of current members: 2 at 33755; 2 at 33759; 1 at 33764; 2 at 33767 Current Categories: 1 Attorney 1 Ins. Claims Adjuster 1 Marketing & Graphics 1 Retired/BA Inst. Court Management 1 Retired/BA Political Science 1 Retail 1 Sales/Service – Pres. Carr A/C & Htg. Inc. Review Approval: Cover Memo Item # 56 Attachment number 1 \nPage 1 of 2 Item # 56 Attachment number 1 \nPage 2 of 2 Item # 56 Attachment number 2 \nPage 1 of 2 Item # 56 Attachment number 2 \nPage 2 of 2 Item # 56 City Council Agenda Council Chambers - City Hall Meeting Date:10/3/2013 SUBJECT / RECOMMENDATION: Endorse the application for Project Woodstork and commit the City of Clearwater to provide local financial support (Local Match) of 10% of the eligible tax refund upon certification by State of Florida Department of Economic Opportunity (DEO) and adopt Resolution 13-26. SUMMARY: The Florida Legislature created Florida Statute, Section s.288.106 to encourage the growth of Florida’s high-wage, value-added employment. This program is commonly known as the Qualified Target Industry Tax Refund Program (QTI Program). This law authorizes Enterprise Florida, Inc. to accept, review and recommend applications for consideration by DEO for tax refunds to qualified target industry businesses. Pursuant to Florida Statute, Sections s.288.075 and s.288.106, the applicant requests certain information, including the name of the company, remain confidential until such time as is required under statute or desired by the applicant. Project Woodstork is the alias name of the applicant company. This Resolution provides a commitment of the city to support the QTI Program which provides a performance-based incentive. The incentive is negotiated in advance of Project Woodstork’s commitment to expand its operations in the City of Clearwater. It does not guarantee payment until such time as the terms of the contract made between DEO and Project Woodstork are met, subject to limitations described below. QTI Program Description The QTI Program works as an inducement to encourage companies to locate or expand in Florida. In accordance with the QTI Program eligibility criteria, no commitment to expand in Florida has been made at this time. The incentive may not exceed that which is requested in the application. As required by the QTI Program, the Project Woodstork’s expansion will increase the Company’s employment in Florida by greater than 10% and, as evidenced by staff’s economic impact analysis the proposed new jobs will make a significant economic contribution to the area economy. Description of Project Project Woodstork is seeking State, County and City inducement to expand operations and to create additional jobs in the City of Clearwater. The Company projects to add 20 jobs over two years beginning in 2013. Project Woodstork’s job creation schedule is as follows: Below are the types of jobs expected to be created by this company: Phase Number of new Florida jobs created in the business unit Date by which jobs will be created I 10 12/31/2013 II 10 12/31/2014 Total 20 Business Unit Activities 6 Digit NAICS Code(s) Project Function Corporate, Subsidiary and Regional Managing 551114 100% Cover Memo Item # 57 Average wages of all new jobs created by Project Woodstork is to be no less than $50,000, which is greater than 115% of the State’s Annual Average Wage as published by Enterprise Florida on January 1, 2013. QTI Program Request and Local Match Commitment The requested tax refund is to be paid to the applicant each state fiscal year (July 1- June 30) for a period of 5 years. If approved by DEO, Pinellas County and the City of Clearwater, the applicant will receive a refund for each new job created in the City of Clearwater. The QTI Program allows for a refund of eligible taxes paid that will equal a maximum of $5,000 per new job created. Eighty percent of this award is provided by the State of Florida, with a Local Match of ten percent from the City of Clearwater and ten percent from Pinellas County. Therefore, the maximum Local Match award per new job created is $500 for a total Local Match of $10,000. Payment Schedule Disbursement of the Local Match is spread over a period of five (5) years. Twenty-five percent of the Local Match is paid out over a four year period for each phase in which the jobs are created. The schedule is as follows: The payment schedule is subject to the applicant continuing to meet all eligibility criteria which is verified each year by the DEO, the City of Clearwater and Pinellas County. Upon verification, the DEO requests the Local Match disbursement check from the City up to the maximum yearly allowed amount. The DEO then provides the disbursement to the applicant. Conditions of Limitation and Termination During the term of the agreement, the Local Match may be lowered under the following conditions: If in any year the applicant does not achieve the job creation schedule but achieves at least 80% of the required new jobs, the company will receive a pro-rated refund less 5% penalty of the schedule award amount for that year. If the total of the eligible taxes paid by the company is less than the maximum eligible refund amount awarded, the Local Match will be reduced on a pro-rated basis. The refunded amount will not exceed the amount of eligible taxes paid by the company. The Local Match may be eliminated under the following conditions: If job creation falls below 80% of the required jobs, the company will not receive a refund and will be terminated from the program. If the average wage falls below $50,000, the company will not receive a refund and will be terminated from the program. Funding Source The Fiscal Year 2014-2015 funding is currently available from Economic Development budget account number 181- 99846. Future year funding will need to be allocated during the City’s annual budget process. Qualifying Criteria Total $ Incentive Per Job Created City Contribution (10%) Per Job (Local Match) Standard Primary Industry $3,000.00 $300.00 High Impact Sector $2,000.00 $200.00 Total $5,000.00 $500.00 PHASE # JOBS ELIGIBLE AWARD MAX OF 25% / YR FY13-14 FY14-15 FY15-16 FY16-17 FY17-18 I 10 $5,000 $1,250 $1,250 $1,250 $1,250 $1,250 II 10 $5,000 $1,250 $1,250 $1,250 $1,250 $1,250 TOTAL 20 $10,000 $1,250 $2,500 $2,500 $2,500 $1,250 Cover Memo Item # 57 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 # 57 Resolution 13-26 QUALIFIED TARGET INDUSTRY TAX REFUND WITH CASH LOCAL FINANCIAL SUPPORT RESOLUTION NO. 13-26 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA, RECOMMENDING PROJECT WOODSTORK BE APPROVED AS A QUALIFIED TARGET INDUSTRY BUSINESS PURSUANT TO S.288.106, FLORIDA STATUTES; PROVIDING FOR LOCAL FINANCIAL SUPPORT IN THE FORM OF CASH; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the business under consideration is a corporate headquarters for Project Woodstork; and WHEREAS, Project Woodstork has been identified as a Target Industry Business; and that the Council hereby recommends Project Woodstork be approved as a Qualified Target Industry Business pursuant to s.288.106. Florida Statutes, to encourage the growth of Florida’s high-wage, value-added employment; and WHEREAS, Project Woodstork intends to expand in the City of Clearwater; and create ten new full-time jobs in year one, and 10 new full-time jobs in year two, qualifying as high-value added jobs, and WHEREAS, Project Woodstork will commit to pay an average annual wage of at least $50,000.00 which is at least 115% of the State of Florida average wage requirements for QTI incentives effective January 1, 2013; and WHEREAS, the City of Clearwater Council finds that providing the QTI Program tax refunds to Project Woodstork serves the public purpose of promoting positive impacts on and benefits to the City of Clearwater’s economic vitality. WHEREAS, the City of Clearwater will contribute local financial support in the form of cash for the Qualified Targeted Industry Tax Refund; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. Florida Statutes Section s.288.106 requires 20% local financial participation as tax refunds become due; and the necessary commitment of local financial support has been identified in the amount of $20,000, consisting of 50% of the local contribution coming from Pinellas County and 50% coming from the City of Clearwater. A cash commitment exists for Project Woodstork for the City of Clearwater local financial support for the Qualified Target Industry Tax Refund Program in the amount of $10,000. However, in no event will the total contribution of the City of Clearwater for Project Woodstork exceed $10,000. This amount will be made available in accordance with the guidelines set forth by the Department of Economic Attachment number 1 \nPage 1 of 2 Item # 57 Resolution 13-26 Opportunity with the stipulation that these funds are intended to represent local financial support pursuant to s.288.106, Florida Statutes. Section 2. This resolution shall take effect immediately upon its adoption. PASSED and ADOPTED this _____day of _____, 2013. CITY OF CLEARWATER, FLORIDA Countersigned: _______________________ 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 2 of 2 Item # 57 City Council Agenda Council Chambers - City Hall Meeting Date:10/3/2013 SUBJECT / RECOMMENDATION: City Manager Verbal Reports SUMMARY: Review Approval: Cover Memo Item # 58